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HomeMy WebLinkAbout03-15-2021 Planning Commission Packet \k..01V(� Agenda Planning Commission Meeting March 15,2021, 6:00 P.M. I.e. G: Orono Council Chambers, 2780 Kelley Parkway, Orono,MN 55356 4kEsHo - 952-249-4600/www.ci.orono.mn.us Audience Members: Please sign in for the public record if you wish to address the Planning Commission. The sign in sheet is in the lobby. Memos regarding each of the Agenda items are available on the City website (www.ci.orono.mn.us) in Agendas Minutes & Videos and in the Public Packet—located in the lobby near the sign in sheet. Applicants will be asked to move to the lectern to answer questions after staff presents the application. The Planning Commission is an advisory body to the City Council. If action is taken on any items on this agenda, they will be scheduled for an upcoming City Council meeting. A quorum of the City Council may be in attendance of a Planning Commission meeting to hear comments made, though no action or deliberation of the Council will occur. Council Representative: Dennis Walsh Pledge of Allegiance Approval of Agenda Approval of Minutes: February 16,2021 Public Hearings: 1. LA21-000016 Schimmel Construction, 1405 Rest Point Rd,Variances (Staff: Melanie Curtis) 2. LA21-000017 Joe Thull, 480 Big Island, Dock Permit on ROW(Staff: Melanie Curtis) 3. LA21-000018 Glenn Solie, 3500 Bayside Rd, Conditional Use Permit(Staff: Melanie Curtis) 4. LA21-000019 Todd Ziesmer, 3440 Bayside Rd, Conditional Use Permit(Staff: Laura Oakden) 5. LA21-000020 Jacob Brown, 4085 Watertown Rd, Variances (Staff: Laura Oakden) 6. LA21-000021 John Newell, 1485 6th Ave N, Preliminary Plat(Staff: Jeremy Barnhart) 7. LA21-000022 Alliance Builders, 15 Stubbs Bay Road No/PID 32-118-23-34-0006, Variance (Staff: Laura Oakden) 8. LA20-000047 City of Orono Text Amendment related to Boat Storage(Staff: Jeremy Barnhart) Other Business: 9. LA20-000053 Dale Richardson o/b/o CBS MN Properties, LLC, 2060 Wayzata Blvd W), Concept Plan (Staff: Jeremy Barnhart) 10. Update on March 8, 2021 City Council meeting 11. Planning Commission Chair/Vice Chair elections Adjourn Planning Commission Liaison to Monday, April 12, 2021 City Council meeting: Mark McCutcheon Sign up for email notifications at www.ci.orono.mn.us—follow links for Stay Connected & Email Notification Date Application Received: 02/05/2021 Date Application Considered as Complete:02/24/2021 %w jO 60-Day Review Period Expires: 04/25/2021A11� ` v To: Chair Ressler and Planning Commission Members '' Ron Olson, Interim City Administrator am 9kES H 00. From: Melanie Curtis, Planner VY1GG Date: 15 March 2021 Subject: #LA21-000016,Schimmel Construction o/b/o David & Kathryn Wiemer, 1405 Rest Point Road, Variances Public Hearing Application Summary: The applicant is requesting variances in order to construct an addition and add a lakeside deck to the property. Staff Recommendation: Planning Department Staff recommends denial. Background The subject property is nonconforming with respect to area,width, hardcover,and setbacks;the • entire home is within the 75-foot lake setback.The applicant is proposing to construct a 125 square foot addition on the south side of the home, and a ±500 square foot deck on the lakeside of the home. The proposed addition is shown to encroach within the 30-foot rear/street setback, and the 75- foot lake setback;the deck is shown to be within the 75-foot setback.The existing hardcover level on the property is 22.7%with much of the hardcover in the 75-foot setback.The applicant is proposing an increase of 604 square feet for 27.2%total site hardcover. Practical Difficulties Analysis Applicant Submittal Information:The applicant has identified existing nonconforming conditions and lack of privacy as practical difficulties supporting the requested variances. Additionally,they have provided supporting documentation regarding Practical Difficulties attached as Exhibit B, and should be asked for additional testimony regarding the application. Planning Staff Practical Difficulty Analysis: Regarding practical difficulty, Staff finds there are no practical difficulties supporting the variances to further encroach within the required setbacks, to increase the total site hardcover above 25%, or to place an elevated deck within the average Lakeshore setback. FILE#LA21-000016 15 March 2021 Page 2 of 5 • LOT ANALYSIS WORKSHEET Section 78-330-Setbacks: LR-1B Required Existing Proposed Rear/Street 30' 21' Addition 20' North Side 10' 11.7' No Change South Side Street 20' 37.8' Addition 30' 29' Deck 23' Lakeshore 75' Addition 45' The average Lakeshore setback appears to be±30-feet based on Average Lakeshore the neighbor at 1385 Rest Point Road.The proposed deck will encroach approximately 7 feet based on the curve of the shoreline. Section 78-330-Lot Area/Width: LR-1B Lot Area Lot Width Required 43,530 s.f. (1.0 acres) 140' Actual 13,193 s.f. (0.3 acre) 104'@ 75'/ 138' @ OHWL Section 78-1403-Structural Building Coverage: Total Lot Area Total Structural Coverage • 13,193 s.f. (0.3 acre) Allowed: 2,638 s.f. (20%) Existing: 2,016 s.f. (15.2%) Proposed: 2,141 s.f. (16.2%) Section 78-1680 and 78-1700-Hardcover Calculations: Stormwater Total Area in Allowed Existing Proposed Overlay District Zone Hardcover Hardcover Hardcover Tier Tier 1 13,193 s.f. 3,298 s.f. 2,990 s.f. 3,593.9 s.f. (25%) (22.7%)* (27.2%)** *The submitted hardcover calculations do not separate the hardcover located within the 75 foot setback. Most of the improved areas are within the 75 foot setback. **The submitted "proposed"calculations have been edited by staff as the 100 square foot pervious pavement/deck exclusion was incorrectly applied. Applicable Regulations: Hardcover Variances (Code Sections 78-1680 and 78-1700) The current hardcover level does not exceed the overall allowance of 25%, however most of the hardcover on the property is within the 75-foot setback where hardcover is not permitted and is therefore nonconforming. Staff estimates that only approximately 540 square feet of the property's hardcover is not within the 75-foot setback. The hardcover additions are all within the 75-foot setback. • FILE#LA21-000016 15 March 2021 Page 3 of 5 Rear/Street Setback Variance (Code Section 78-330) The subject property is only approximately 152 feet at the deepest location;the lot is triangular in shape narrowing as it runs to the southwest. The application of the 30-foot rear street setback is restrictive.When coupled with the 75-foot setback,the two setbacks overlap eliminating the buildable area creating a practical difficulty for development. However,the existing house has an approximate 2,000 square foot footprint which results in reasonable use. The addition proposed on the southwest side of the home is minimal, however results in additional encroachments in both the rear and lake setback areas, and adds to the nonconforming hardcover on the property. 75-foot Lake Setback Variance (Code Section 78-1279) The house is located as close at 29 feet from the OHWL the applicant's proposal is to construct a deck as close as 23 feet to the OHWL.As stated previously the application of the lake and rear street setbacks result in no buildable area on the property. The applicant is requesting approval to add a ±500 square foot deck and 125 square foot addition to the existing nonconforming structure. Average Lakeshore Setback Variance (Code Section 78-1279) The neighboring home to the north determines the average lakeshore setback applied to the subject property.That home is located approximately 30 feet from the OHWL.The applicant's proposal results in additional encroachments with the deck proposed at 23 feet and the addition to the home as close as 45 feet to the lake. • Governing Regulation:Variance(Section 78-123) In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health,safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn.Stat. § 216C.06, subd. 2,when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located.The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. According to MN §462.357 Subd. 6(2)variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance. The proposed variance is not in harmony with the purpose of the Ordinance. While the substandard lot has difficulties in its shape,small size and depth,and proximity to the lake, the property has reasonable use with the existing home. • FILE#LA21-000016 15 March 2021 Page 4 of 5 2. The variance is consistent with the comprehensive plan.The variances support additional development within the lake yard and into the average lake shore setback,all inconsistent with the comprehensive plan. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The hardcover variance is requested to alleviate a poor home design identified by the applicant and facilitate the creation of more private outdoor space The variance requests to allow expansion of the hardcover and building within setbacks is unreasonable and is not supported by the practical difficulties. b. There are circumstances unique to the property not created by the landowner; The configuration and shape of the lot were not created by the owners. Variances were granted in 2000 to construct a new home on the property (Resol. No. 4430 attached as Exhibit However the uniqueness found in the shape,size,and proximity to the lake are not difficulties which support granting of additional variances to further expand the nonconformities on the property; and c. The variance will not alter the essential character of the locality. The setback and hardcover variances requested will alter the essential character of the neighborhood and when the property is viewed from the lake. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination. • 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn.Stat.§216C.06,subd. 2,when in harmony with Orono City Code Chapter 78.This condition is not applicable. 6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located. This condition is not applicable, as residential improvements are 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 lot shape, and depth, and the home's proximity to the lake are particular to this property. 9. The conditions do not apply generally to other land or structures in the district in which the land is located.The setbacks of adjacent homes in this neighborhood are somewhat similar to this lot. The conditions specifically impacting this property (lot depth and shape, home proximity to the lake, and the street frontage on two sides do not generally apply to the other properties in the LR-1B district. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The owners indicate that granting the variances are necessary for the preservation of their property right. However, their property right is established by home and existing improvements on this substandard lot. • FILE#LA21-000016 15 March 2021 Page 5 of 5 • 11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. Granting the variances to allow construction of an addition and deck is not likely to impair health, safety, and comfort however permitting expansion of the nonconformities in this circumstance is contrary to the intent of the zoning chapter. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty.All of the practical difficulties have not been met to justify supporting the requested variances. The granting of the variances would serve as a convenience.This criterion is not met. The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Public Comments To date, no public comments have been received. Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? 2. Does the Planning Commission find that the variance(s), if granted, will not alter the essential character of the neighborhood? III3. Does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested variance(s)? 4. Are there any other issues or concerns with this application? Planning Staff Recommendation Planning Staff recommends denial of the variances as proposed. List of Exhibits Exhibit A. Application Exhibit B. Practical Difficulties Documentation Form Exhibit C. Existing& Proposed Survey/Site Plan Exhibit D. Proposed Plans and Elevations Exhibit E. Site Photos Exhibit F. Submitted Hardcover Calculations Exhibit G. Aerial Photo Exhibit H. Resolution No. 4430 Exhibit I. Property Owners List Exhibit J. Plat Map 0 Land Use Application Summary Application Date: 02/05/2021 411 Address: 1405 Rest Point Orono,MN 55364 Parcel Number: 0711723330013 Land Use Number: LA21-000016 Application Submitted By: Agent on behalf of property owner Name: DAVID A WIEMER Owner: Address: KATHRYN L WIEMER 1405 REST POINT RD MOUND, MN 55364 Applicant: Name: Stephen Schimmel Company: Schimmel construction Address: 450 Glen St NW Hutchinson,MN 55350 schimmel@hutchtel.net Contact Information: Associated Contact: Stephen Schimmel schimmel@hutchtel.net Associated Contact: • Associated Contact: Associated Contact: Project Description: Small Home addition and deck 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: Exhibit B PRACTICAL DIFFICULTIES DOCUMENTATION FORM LA21-000016 • 1. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter. Response: NA 2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. Response: - lack of overall privacy - Public road allows viewing of property on all 4 sides - Permanent utility easement - Poor design of home and the southern room 3. The variance, if granted, will not alter the essential character of the locality. Response: Correct 4. Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter. Response: NA • 5. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minnesota Statutes, Section 116106, Subd. 2, when in harmony with this Chapter. Response: Privacy being a primary concern 6. The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not allowed under this Chapter for property in the zone where the affected person's land is located. Response: NA 7. The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. Response: NA 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. Response: Unique Lot Size *Lake front to the west Road/cul-de-sac to the east and south Utility Easement 9. The conditions do not apply generally to other land or structures in the district in which said land is located. Response: Correct 0 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Response: Correct- To be able to offer more privacy with the small addition in conjunction with the deck and safety offered by a uniform/level outdoor living space would improvement and preserve the enjoyment for Dave and Kathy and their family 11. The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code. Response: NO 12. The granting of such variance will not merely serve as a convenience to the applicant but is necessary to alleviate demonstrable difficulty. Response: Correct- The ability to enjoy the area is marred by the lack of privacy due to the unique layout of the lot. Through the small addition and deck the homeowners would be able to safely walk out the back doors on a level deck and enjoy their home without so many eyes watching. S • • • H (530 -0 Cr) t to O o `° ...„,4 CD O > � O a - D • X 'N 'Imil 1 c-,-, CD u .< 2, ik 1 ',h morai0 0( CD S. a 0 C7 9. 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Exhibit F City of Orono rib-N� Hardcover Calculation Worksheet Property Address: S;Cq'FfSHO�E Prepared by: Date: ;;, , Stormwater Quality Overlay District Tier: (Circle one) ier 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) Gara•e 24'x•30' (720 S.F.) A aara S.F. B Horn. S.F. C Drivewa, _ S.F. D Concrete apron S.F. E Driveway Outside of ib S.F. F Concrete Sidewalk S.F. G Fr.nt . r- - -.s S.F. H Back Bath Concrete Steps IN S.F. I Rack Door Concrete Ste's Ell S.F. J S.F. K S.F. L S.F. rviS.F. N • N S.F. O S.F. p S.F. Q S.F. R S.F. S S.F. T S.F. U S.F. ✓ S.F. W S.F. X S.F. y S.F. Z S.F. (1) Total Existing Hardcover F—' S.F. Excludable Hardcover(See City Code Sec 78-1684): S.F. S.F. S.F. S.F. S.F. (2) Total Excludable Hardcover S.F. (3) Net Existing Hardcover [Subtract line(2)from line(1)] S.F. (4) Total Lot Area S.F. Proposed Hardcover Percentage [(3)+(4)] MI 0/0 (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; 110 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 Coco Hardcover Calculation Worksheet • Property Address: C-1'1•fStlOp� Prepared by: Date: Stormwater Quality Overlay District Tier: (Circle one) Tier 1 Tier 2 Tier 3 Tier 4 Tier 5 Step 2: PROPOSED HARDCOVER In the following table, identify all items of proposed hardcover on the property, keyed by letter to site plan or survey (must accompany this form). Include all existing hardcover items that are intended to remain, as well as all proposed hardcover items that will be added. Use as many lines as necessary to accurately depict proposed hardcover status of the property. For Tier 1 properties, identify any features by letter which are split at the 75' setback line and calculate hardcover square footage separately for each portion. Key to Hardcover Item (Describe) Length x Width Total Survey (Square Feet) (Example) (Garage (24'x 30' (720 S.F.) A IN S.F. B -+omE: S.F. C :°riveway within 7 S.F. D oncrete apron S.F. E riveway outside the S.F. F oncrete Sidewalk S.F. G ront Concrete Steps S.F. H ark Bath(:onrrPte II S.F. I tack' ,or Concrete S.F. J %ddit;- LIPI911 S.F. 0 K Dec S.F. L eck rs 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 Pervious credit is not ` S.F. w permitted within the S.F. X - 75-foot setback(per S.F. Y planning staff) S.F. Z 1 S.F. (1) Total Proposed Hardcover1 S.F.'.9 Excludable Hardcover(See City Code Sec 78-1684): S.F. _ S.F. S.F. S.F. S.F. (2) Total Excludable HardcoverS.F. (3) Net Proposed Hardcover [Subtract line(2)from line(1)] cw.laarm. S.F. 3593.9 (4) Total Lot Area S.F. Proposed Hardcover Percentage [(3)_(4)] ..•416■1.. % 27.2% • Last Updated: January 2020 *edited by planning staff 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 • 0 as s X W , . 0, .„„.L-7,. 4.-.- ,., ..'7:7.1'.. . ,-4t,W, .1""jil,. ' fr.,'AD 'Ilt-, AN, _ ,,,,t• ,, . ...„...„ 1/4... . ...,.:. *A"$,- 4. -.-,,,,,,--, ,t k.'‘,...i.,L-•:"- fi.' .10114k, .\tit .: './ ' a 0. _4. tr. ' q ,a7� -..c.- 14,'''� Y aty"�� tory # t !'4 ti }`' ' . —1.. \- �X. ' ':., ::,'':49'•*:;.1*„,,,..„4,,,A" p.',.' :-.::'.,'''‘ ,,,,.. inr.11;;'r 11, ;;;;::::::,?1:::::.'s?..,..‘..;;...-4; -"F:'''' 1:.--ir'5".t.''*_ :'-.:.4,'NA.:‘1.}.- � r rrd' r _ 4.1., • 1044,,,, '›itli). tha, * tit •r. 5) ..-y ' • • ° -, ftp - ',46 +. ,i aS tk y " '''441: . •-:'.°-: . 7:-,•-i*,, ',,,:,.! ;‘,.;.,. r.:2.. ':,:":414.-- -:--.:.-'114%'-$.-.'': e y O 110%., "-"ili� ID. "'' . ci tzar .,R Ulatg 4. .W I '1) 711111;4 ', LC.. '' . '-'..N: ' 'I. A-'''•Itp. , • * ,. -—4 ..,,,Oc'i 1.44311.1. ' 4, ..' 444,--*;* — -11,,,, ;* ' .,it , '''.; .. '..: '.-'4 , tooNt. 'a't ; wtop.s,,` 0 4.0 ., "+'.0. ' r „ . A , er . _ , ,..... 9, . ,.. , ,.., . , ,ji- , .4.4...-„, a., ' ' 4t t TM• - lir- x i, .,1 ' - ,, � v., 4 IV1 w i., = l', t 3 " CSL 1r tlY > R F u 1 4 y' .,fr± � _.. '� T k ..,, 4* l'.- . LA a • 4( ' _ ,, ,,, . , ., e k t t t.s i 80/01•4fr.,, ' 4 IP i! '4"Toi. '., , 4 Alt r if*AZ /!,,,A1 e , t g — .. +t 0 t �'. 4 4 0 Exhibit H 4 / • o o ' • =- ,� CITY of ORONO RESOLUTION OF THE CITY COUNCIL " �L`4kESH�46,GNO. 4 4 0 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISIONS 1 AND 2; SECTION 10.55, SUBDIVISION 8; AND SECTION 10.56, SUBDIVISION 16 (L)(1) FILE NO. #2556 WHEREAS, Barbara Cavender and Collins Cavender (hereinafter "the applicants") are the owners of the property located at 1405 Rest Point Road and have an interest in the property located at 1395 Rest Point Road, owned by Robert Bredeson within the City of Orono (hereinafter "the City") and legally described as follows: Lot.24 and Lot 25 Subdivision of Lot 14, Rest Point Park, Lake Minnetonka, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, after due published notice and mailed notice in accordance with • • Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held public hearings on January 19, 2000 and February 23, 2000 at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the applicant has applied to the City for variances to Municipal Zoning Code Section 10.22, Subdivisions 1 (A) and (B) to permit a new residence 34' from the lakeshore where 75' is required; Section 10.55, Subdivision 8 to permit structure and hardcover within 75' of the lakeshore; Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) (1) to permit 2,129 s.f. (22.4%) hardcover in the 0-75' lakeshore setback where 1,546 s.f. (13.6%) exists and no hardcover is allowed; and Section 10.24, Subdivision 5 (B) to permit a new residence to encroach 13.67' into the front yard setback and to permit a new residence to be constructed on a lot less than 1 acre in size in the LR-1B zoning district. • Page 1 of 7 • • • 0 CITY of ORONO Aliti RESOLUTION OF THE CITY COUNCIL 4kEsHD4 NO. 4 4 2 0 NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #2556. 2. The property is 13,238 s.f. and is located in the LR-1B, One Family Lakeshore Residential Zoning District requiring a minimum lot size of 43,560 s.f. 3. The Orono Planning Commission reviewed this application on February 23, 2000 and recommended approval on a vote of 4 to 0 for the variances based upon the . following findings: A. The property has been developed and used as a residential property for 4111 many years. To complete the application, it is a requirement the lots be • combined to permit the construction. B. Most of the property is located within 75 feet of the lakeshore. It is nearly impossible to locate a house outside of the 75 foot setback requirement without building on the street right-of-way line. Other houses in the locality are located at comparable setbacks from the lakeshore. C. The City of Orono owns and maintains a lift station located on the property. The City has a regular weekly inspection schedule for lift stations. It is reasonable to expect a "buffer" between the house and the station based on regular inspections, and the lift stations tend to emit odors on occasion. The City of Orono is also communicating with the applicants about obtaining an easement for the lift station. It is not known why an easement was not recorded with the project in the early 1970's, but an easement should be recorded in favor of the City. • Page 2 of 7 • • „„ CITY of ORONO A 411114,, IA ��v I�,it. G RESOLUTION;OF THE CITY COUNCIL 9kes001 NO. �4 4 3 0 D. The lot has a very limited building pad. Any new construction on the property would require setback variances. Because Rest Point Road is narrow, it is not possible to park cars on the street without causing a public safety issue. Each lot along Rest Point Road will require off street parking areas to accommodate guests. The City Code requires all garages with doors facing a street to be located 30 feet from the property line to allow off street parking, thus requiring the house to be located further from the property line. E. A condition of approval is the applicants shall combine the two separate tax parcels. The combination is required to allow the proposed development to meet the approved structural coverage and to permit the additional hardcover, and the proposed house is located on the existing property line. No structures are permitted to be located on a property line. This condition shall be met prior to the issuance of a building permit. • • F. The applicants have agreed to grant a utility easement over the portion of the property that contains the lift station. The lift station was constructed in the 1970s without an easement ever being recorded. 4. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. • 5. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. • Page 3 of 7 • /o 0 tCITY of ORONO �9 !M'r 0 RESOLUTION OF THE CITY COUNCIL ICESHD4 NO. 4 4 Q 0 CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.22, Subdivisions 1 (A) and (B) to permit a new residence 34' from the lakeshore where 75' is required; Section 10.55, Subdivision 8 to permit structure and hardcover within 75' of the lakeshore; Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) (1) to permit 2,129 s.f. (22.4%) hardcover in the 0-75' lakeshore setback where 1,546 s.f. (13.6%) exists and no hardcover is allowed; and Section 10.24, Subdivision 5 (B) to permit a new residence to encroach 13.67' into the front yard setback and to permit a new residence to be constructed on a lot less than 1 acre in size in the LR-1B zoning district based on the following conditions: 1. The property is developed in conformance with the site plan attached as "Exhibit A". 2. Both lots are combined and recorded with Hennepin County prior to the issuance of a building permit. 3. Authorities granted by this variance run with the property not with the applicants, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (March 13, 2001). 4. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 5. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the property. Page 4 of 7 i‘; ----v.' 0.47-4 . • • -:�: to. CITY of ORONO � 44 .� i ioT��;%4� G~ RESOLUTION OF THE CITY COUNCIL L �`9kESH0g4 N0. 4 4 3 0 Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 13th day of March, 2000. ATTEST: 4142J ILS. Vee, City Clerk Gab -1 Jabbour, a ,r • ems,:, o. ..a._ Bcc, cA,e,( -(A,t Lot._ Property Owner (s) Ui ., Ar.A.,LiA,e4ede,tea(/ Property Owner (s) • • STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 13th day of March, 2000, by Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. eaize-&. 1.2 AZ.L6/77,0#,-) ` CAROLE A.HASEMAN ` Notary Public ti ?v��� k NOTARY PUBLIC-MINNESOTA • '• My C0nxr11ss1on Expires Jan.31.2005 i • Page 5 of 7 • O O • = CITY of ORONO Wt ��^IL ti RESOLUTION OF THE CITY COUNCIL 9k.ess&c NO. 4 4 e3 • STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this /Ili day of &rail , 20 DO before me a Notary Public within and for said county,personally appeared Col/in s (ie,vender, marry cd known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. A CAROLE A.HASEMAN ti ti ARY ME= MtNNESOTA ' Commission Expires Jan.31.WS � a L {/•���/n�• 7-/././lJL/../."G/�lL%>C. /Jti Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this /67k day of .Ma re_1, , 200 a before me a Notary Public within and for said county,personally appeared .82rham, (lave fider, rhar- '�eCJ, known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged 'that he the executed the same as his (their) free act and deed. CAROLE A.HASEMAN NOTARY PUBLIC-MII IESOfA eA 1, • ,� *CgmisebnE�cp esJan.31,2005 i (7 __ o-c� (a . —J f • i•%YJJ /% 'Jti Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this‘,7644h day of /40._re h , 2000 before me a Notary Public within and for said county,personally appeared b&4"5-ecieson ahcL 1,/�re aref t9rede5p, known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. -'`'''t-� CAROLE A.HASEMAN ids. • NOTARY PUBLIC•MINNESOTA 7.g/er-!- Cprnmbslon Expkes Jan.31,2005 f�f •. r/!!../.%llflll!✓-/'-'•�' � Notary Public 11110 Page 6of7 ; ' 4 4 3 Q W llll,V..,11All1Xt,VF R CALCULATIONS 223~ Non1.71C INN.aIat wax.Pas W 7 pools rill m aawEiwl lea a s t. !.C Mut tka utussplotts mods AP al*slain Wdawn roll In newel /WIN 1I NErON KA a7,solsetbackIli")•: raaa0.aedaa�aeti«u la22 75..700 sobtdt wana.. 41 Ir ... y a,aoarwaJtw ulwalk ..l...., .,� • l •�..... ` walk 4f ksal Usaac If t ^l 'sn walk 4l a,adils¢nal Kpl-ua.aw) E ♦:n se co 79 ;�-'e'.i 3. w pws4)0oat alb 22 1 k^\ V b,ualaa,s St , '"• .� `�`••••..,,• w IoWkal 2lamoo 7,310 WA kodortrt 6 moc• 742 lain am;la amc VC/ wo la Ms 7,731 i1. 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(57i . 13'7 1315 OP ,. = 1318 �=" , .gar .. 1365 1347 xr t - f 11 137w at( 131 la ‘1!' '- t3 1358, 1315 0 r l i .;.5 „ilX47. 13fs Ott) gym*�.r4 1,3741-2' ease 1386 t'I 1390 r • 13513 S+ ${' 1,7 + €,"'xt 01 a, "'.4,...-41, 1' 1411+ 7 b *. ** west Arra Cha _. s * Buffer Size: 500 0 5101100 200 Feet Map Comments: 11 I I 1 1 I 1405 Rest Point Road This data () s furnished 'AS IS' with no representation as to completeness or accuracy; (i)is fumwhed with no warranty of any 0 khd, and (ii) is notsuitable for legal, engheehng 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 3006th Street South,Minneapdis,MN 55487/gis.info@hennepin.us • Date Application Received: 02/08/2021 Date Application Considered as Complete:02/16/2021 SLOATo 60-Day Review Period Expires: 04/17/2021 To: Chair Ressler and Planning Commission Members y ,� Ron Olson, Interim City Administrator ` � G, -1kESH0°- From: Melanie Curtis, Planner h'1GG Date: 15 March 2021 Subject: #LA21-000017,Joseph &Sara Thull,480 Big Island, Permit for Dock on City ROW(Bay Place) Public Hearing Application Summary: The applicants are requesting a permit to install a dock on City right- of-way to access their non-lakeshore, interior property on Big Island. Staff Recommendation: Planning Department recommends approval as detailed on page 4. Background The applicants own 480 Big Island, a non-lakeshore property on the eastern portion of Big Island. They purchased the property in 2010.The applicants' property is sandwiched between the • platted, undeveloped 33-foot wide right-of-way named Anawan Avenue and Lawn Avenue which, via Bay Street, connects to the Bay Place right-of-way(see Exhibit G). Bay Place connects to the lake on the eastern side of the island. There are no developed roads on Big Island. Recognizing no other options for boat dockage,thus safe access to the property,the applicants seek a permit to place a seasonal dock on city right of way, pursuant to the Code Section 78-567. Two dock permits have been issued in the past 20+years: Resolution 4465 attributed to 220 and 130 Big Island (attached as Exhibit F)granted in 2000;and Resolution 2038 attributed to 230 Big Island (Exhibit E)granted in 1986. **New information submitted 03/11/2021** Please see attached Exhibit L:Staff received an updated request and narrative on Thursday afternoon from the applicant in which he addresses some of the comments he has received. Applicable Regulations: Permit for Private Improvements within Public Rights-of-Way(Section 78-567) Section 78-567 provides a mechanism for an inland/off-lake property owner to request a permit to install or construct private improvements on public rights-of-way. A dock would allow access to the applicants' property. This provision only exists within the RS District(Big Island and Deering Island). (Section 78-567 has been abbreviated for analysis below,the entire section is attached as Exhibit D): 1. Inland property access, persons desiring access to property located inland and not • abutting the shoreline may apply for a permit to privately use and/or improve platted public right-of-way for such purpose.The permit applicant shall demonstrate and the council shall find: FILE#LA21-000017 15 March 2021 Page 2 of 4 ✓ That there is no reasonable alternative access available. The applicants'property does • not abut the lake or a public dock access. ✓ That the proposed improvements and/or type of use would not unreasonably affect other properties abutting the right-of-way. The right-of-way appears to be approximately 38 feet wide at the lake and widens to the west. There are two abutting lakeshore properties:210 Big Island(owned by lud and Alyea Champlin)which contains a seasonal dwelling;and 260 Big Island(owned by David Saari-KW Saari et al)which is vacant. Both property owners have reached out to staff regarding this request;to date, of the owners abutting the right-of-way, only the Champlins have provided written comment(included as Exhibit I). ✓ There is one existing permit for a dock on this same Bay Place right-of-way granted via Resolution 2038(hereinafter "Permit 2038") which is attached as Exhibit E. Permit 2038 is attributed to the property at 230 Big Island. Permit 2038 was issued to Ms. Elsie Hales in 1986 as her family had historically been using the Bay Place right-of-way for dock purposes through an informal agreement with the City for approximately 50 years. Upon Ms. Hales'decision to sell the property she requested a permit for the existing dock to assure access for a buyer. Permit 2038 was granted, subject to a number of conditions, including the following: "should there be any other requests from inland property owners to use this site for the installation of a dock to their properties, this permit is automatically revoked."Permit 2038 appears to have remained in effect since that time, and has been transferred to the subsequent owners (Fred Bruntjen/Nancy Farnes). Ms. Farnes has provided comment on this request, included with Exhibit I. • ✓ The council may approve, deny or place restrictions on any such permit based upon public health, safety and welfare considerations, including without limitation the configuration of adjoining record lots, the location, width, topography, drainage and vegetation on the right-of-way and the number of existing or future property owners who may require access at the same location. Any land alterations or improvements approved shall be the minimum amount necessary to provide reasonable inland access. 2. Land alterations. "Grading or physical alteration of any platted public right-of-way for any purpose, including inland property access, is prohibited except when such work has been specifically authorized as part of a permit issued by the council..." 3. Dockage on right-of-way. "Installing, maintaining, keeping or using a private dock on any platted public right-of-way for any purpose, including inland property access, is prohibited except when such dock has been specifically authorized as part of a permit issued by the council...The council may establish reasonable standards or requirements in approving any such dock permit." 4. Encroachments prohibited. "No private property, buildings, structures, fences, boats, vehicles, dock parts,junk or debris shall be built, stored, parked or kept at any time within any platted public right-of-way, within any platted public park, or on any other property owned by the city except as specifically authorized by a permit issued under this section." 5. Permit exceptions. "No permit shall be required for any person to walk on or over any platted public right-of-way or any platted public park when such use is made without altering the natural state of the land..." • FILE#LA21-000017 15 March 2021 Page 3 of 4 4110 6. Public use limited. "Any permit issued under this section shall be deemed to open the platted public right-of-way only to the extent necessary as established in the permit, and for the limited use of the permittee and his invitees." 7. Permit limitations. "A permit issued under this section shall not grant or vest any property rights to use of the public right-of-way or other public property, or in any improvements. Permits issued under this section shall be valid for one year, shall be subject to change, alteration or revocation for cause by the council at any time, and shall be automatically renewable on the anniversary of the date of issuance except upon written notice from the city to the permittee at least 30 days prior to the anniversary date." 8. Hold harmless..."As a condition of issuance of any permit, the applicant shall in writing release, indemnify and hold harmless the city from any and all claims or causes of action arising out of the use or alteration of the platted right-of-way by applicant or his invitees." 9. Permit hearing and notice. "The planning commission or the council shall hold a public hearing or hearings on each application for a permit..." Discussion: Staff finds the request generally meets the criteria outlined in Section 78-567 for approval. In 2019, a request for a dock on right-of-way was made on the western portion of Big Island(#LA19-000086). That property owner, Ms. Fieger, had been utilizing an informal easement over a neighboring, lakeshore property. The City Council upon review of the details, directed staff to explore a text amendment to the Subdivision Regulations (Chapter 82) to facilitate the creation of a legal lake access easement only in the RS District;this was added to the Code in 2020 (included in Exhibit D). S The text amendment resolved the access issue for Ms. Fieger and her permit request was withdrawn. Knowing this provision was now available to them, the applicants have attempted unsuccessfully to secure a private easements from neighbors (including Three Rivers Park District) as detailed in their submittal.They decided,with the boating season fast approaching,to begin the City permitting process. Their submittal included their reasoning for selecting this site. As a result of the applicants' request and based on the resolution language,at this time Permit 2038 should be considered to be revoked; Staff has confirmed that the holder of Permit 2038 continues to desire dock access.While formally revoked, if the Commission/Council feel a dock is appropriate, staff suggests that some compromise or coordination occur to maintain access for both parties. With the exception of the Permit 2038 for 230 Big Island and its automatic revocation condition, the applicants' dock request should not unreasonably impact the other properties on this side of the island. There are two additional interior lots on the east side of the island (490 and 500 Big Island)without lake access who may, in the future, request a permit for a dock on right-of-way.The City should anticipate requests from 490 and 500 Big Island at some time. The other remaining properties on the east side are either lakeshore properties or in common ownership with a lakeshore property, thus providing the opportunity for a dock. Staff recommends the dock access question for inland lots be looked at comprehensively. Public Comments A public hearing notice was sent out to the property owners within 500-feet of the applicants' property notifying about the Planning Commission public hearing. In order to ensure transparency and to solicit additional comments for City Council use,staff has developed a second notice will be sent on March 31st to the owners within 500 feet of the proposed dock site. A number of public comments have been received and they are attached as Exhibit I. Most comments oppose the dock. FILE#LA21-000017 15 March 2021 Page 4 of 4 Issues for Consideration/Discussion • 1. The Permit 2038 approved by the City Council permitted a dock in favor of property located at 230 Big Island in 1986.A condition of approval was any other requests for docking at the Bay Place site would cause the permit to be automatically revoked. Does the Commission wish to explore a solution to this unique condition? 2. Does the Commission wish to explore comprehensive solutions for inland lot access? 3. Does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested permit(s)? 4. Are there any other issues or concerns with this application? Planning Staff Recommendation Planning Staff recommends approval of the dock,with the following conditions: 1. The location of the installed dock shall be approved by the LMCD, and shall be approved by the Public Works Director. 2. The permit issued shall be valid for one year, and shall be subject to change, alteration or revocation for cause by the council at any time, and shall be automatically renewable on the anniversary of the date of issuance except upon written notice from the city to the permittee at least 30 days prior to the anniversary date. 3. The approval should identify which property(ies)has rights to use the dock,and each owner shall be permitted one boat slip for use by the owner of the property exclusively. 4. The dock shall be removed for the winter season. A winter storage location should be identified and approved by staff. 5. Dock sections shall not exceed 6-feet in width. • 6. No canopy shall be erected. Staff further recommends that a comprehensive solution to the dock access question be considered. List of Exhibits Exhibit A. Application Exhibit B. Applicant's Narrative& Maps Exhibit C. Aerial Photo Exhibit D. City Code Sections Exhibit E. Resol 2038 Exhibit F. Resol 4465 Exhibit G. Hennepin County Half-Section Map Exhibit H. Big Island Record Lot Maps Exhibit 1. Public Comment Exhibit J. Property Owners List Exhibit K. Plat Map Exhibit L. New information from applicant submitted Thursday 3/11 afternoon • Exhibit A Land Use Application Summary • Application Date: 02/08/2021 Address: 480 Big Island Orono,MN 55331 Parcel Number: 2311723320062 Land Use Number: LA21-000017 Application Submitted By: Property Owner Owner: Name: JOSPEH P THULL Address: SARA J THULL 6872 HIGHOVER DR CHANHASSEN, MN 55317 Applicant: Name: Joseph Thull Company: Service Rev LLC Address: 6872 Highover Drive Chanhassen, MN 55317 joethull@gmail.com Contact Information: Associated Contact: Associated Contact: 40 Associated Contact: Associated Contact: Project Description: Install dock on City ROW for inland property on Big Island 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: V = > •- - Q. X g. 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Th________,,,,,N.J..) ittfr ,,94.6..,, 1 ---------------;41--- 932 ,•-•. / - - a+ ---------_-_:,---- 'f----,„ - ____....4 \1/ //// ac\--2:‘,. .„'. ,, i 7/(- : i (\s,._. C-----7--- .. ' \ , '''\'• ', ...,.....,:\\,. , . , vvvv 836---'",-\----''''-':'---).------t\..__1,--- ; Q106 C.3 . dr ) \ ' ) „...,_,,, \\\ \ \ ,., ,./ 1",,-;,'....----'"—'\ / .."'----.: \\ .N. (----- - s\\\\\ - /----__., .„._ :i -----N \ \-\::,,,,_.......:-/, % \,,,. 4 , r1/4 ,\ :\)4'' "04 )V 11 1 '''' 1 1 \ \\\\ \,_ i t c"-------- ' ,.. (\,..... ---__,--_,........,______,,,,,,,,_1_,J (-----5•-,--- ------- ......„ _..., \ 3 2 L ti LO) 1 lihih6ts ' \ -,---- ) 11 \ -'------.'"",-,- ",_,,,) \ .,__,,),,, 1.-1,''''''*"-- s; in) m /".,;",...,,,,,/,-- _,�-- ' , '-'",---„,,,,,,.096 ,\\ e_:: s6 ":--- 1%1 f ":„.„/../ •••-•-___f- LA21-000017 • Exhibit D Sec. 78-567. Permit for private improvements within public rights-of-way. It is unlawful for any person to alter,improve or use for private purposes in any RS district any platted public right-of-way,any platted public park,or any other property owned by the city without first obtaining a permit from the council, as follows: (1) Inland property access. Persons desiring access to property located inland and not abutting the shoreline may apply for a permit to privately use and/or improve platted public right-of-way for such purpose.The permit applicant shall demonstrate and the council shall find that there is no reasonable alternative access available,and that the proposed improvements and/or type of use would not unreasonably affect other properties abutting the right-of-way.The council may approve,deny or place restrictions on any such permit based upon public health,safety and welfare considerations, including without limitation the configuration of adjoining record lots,the location,width,topography, drainage and vegetation on the right-of-way and the number of existing or future property owners who may require access at the same location.Any land alterations or improvements approved shall be the minimum amount necessary to provide reasonable inland access. (2) Land alterations. Grading or physical alteration of any platted public right-of-way for any purpose, including inland property access, is prohibited except when such work has been specifically authorized as part of a permit issued by the council.The permit applicant shall provide a detailed land survey of the right-of-way and appropriate engineering drawings sufficient to identify the full extent of all proposed work. Permit approval shall be subject to obtaining a grading permit from city staff;and land alterations involving filling and grading shall be performed with only clean fill,and all other permits as may be required by other agencies having jurisdiction. Public rights-of-way so improved shall be • maintained by the licensee. (3) Dockage on right-of-way. Installing, maintaining, keeping or using a private dock on any platted public right-of-way for any purpose,including inland property access,is prohibited except when such dock has been specifically authorized as part of a permit issued by the council. Not more than one seasonal dock will be approved for access to any one property. In review and approval or denial of such permit, the council shall consider the width and topography of the right-of-way,the number of property owners requesting dockage at that location,the plan of the proposed dock,and conformance with city and Lake Minnetonka Conservation District dock regulations.The council may establish reasonable standards or requirements in approving any such dock permit. (4) Encroachments prohibited. No private property,buildings,structures,fences, boats,vehicles, dock parts,junk or debris shall be built,stored,parked or kept at any time within any platted public right-of- way,within any platted public park,or on any other property owned by the city except as specifically authorized by a permit issued under this section. (5) Permit exceptions. No permit shall be required for any person to walk on or over any platted public right-of-way or any platted public park when such use is made without altering the natural state of the land. No permit shall be required for any person whose property abuts a platted public right-of-way or a platted public park to control weeds or brush,seed,sod, mow or otherwise maintain the right-of-way or park in a neat and presentable manner. Persons whose record lot established by section 78-568 consists of tax parcels divided by platted, unopened public right-of-way may incorporate and use such right-of-way as part of their yard without a permit, provided no permanent structures are erected or maintained within the right-of-way. • Created: 2021-02-27 04:26:46 [EST] (Supp. No.19,Update 1) Page 1 of 2 LA21-000017 Exhibit D • (6) Public use limited.Any permit issued under this section shall be deemed to open the platted public right-of-way only to the extent necessary as established in the permit,and for the limited use of the permittee and his invitees. (7) Permit limitations.A permit issued under this section shall not grant or vest any property rights to use of the public right-of-way or other public property,or in any improvements. Permits issued under this section shall be valid for one year,shall be subject to change, alteration or revocation for cause by the council at any time,and shall be automatically renewable on the anniversary of the date of issuance except upon written notice from the city to the permittee at least 30 days prior to the anniversary date. (8) Hold harmless.As a condition of issuance of any permit,the applicant shall in writing release, indemnify and hold harmless the city from any and all claims or causes of action arising out of the use or alteration of the platted right-of-way by applicant or his invitees. (9) Permit hearing and notice.The planning commission or the council shall hold a public hearing or hearings on each application for a permit as required by section 78-48. (Code 1984, §10.31(5);Ord. No.210 3rd series, §12,6-25-2018) • Created: 2021-02-27 04:26:46 [EST] • (Supp. No.19,Update 1) Page 2 of 2 Exhibit E Resol 2038 for 230 Big Island % ' ry ... Cityof °RO0 dock NNy l •.,, ". RESOLUTION OF THE CITY COUNCIL NO. 2038 O R O N O A RESOLUTION PERMITTING " 11 A PRIVATE DOCK ON PLATTED UNIMPROVED RIGHT-OF-WAY BAY PLACE, BIG ISLAND WHEREAS, the City of Orono has received a request for a private dock on platted unimproved right-of-way known as Bay Place on Big Island to serve as access to inland property; and WHEREAS, as per Section 10.31, Subdivision 3 of the Orono City Code allows for the installation of a private dock on unimproved platted right-of-way on Big Island to serve as access for inland properties. NOW, THEREFORE, BE IT RESOLVED that a private dock is permitted on platted unimproved right-of-way known as Bay Place on Big Island to serve inland property to Lots 19 & 20, P.I.D. No. 23-117-23 23 0033, with the following conditions: 1. The installation of the dock length not to exceed 100 feet 2. Setback from extended lot lines: 0-50 feet in length 10' III 51-100 feet in length 15' 3. Dock sections not to exceed 6 ' in width 4. One boat per dock for residential use only (LMCD regulations) The permittee agrees to maintain the area in a neat and presentable manner at all times and agrees to hold the City harmless for- ever from any and all claims resulting from actions as a result of the issuance of th' er mit, use---of---thu-r1-girt-of=ria a of the dock while this it is in force. ----- Should there be any other requests from inland property owners to use this site for the installation of a dock to their properties, this permit is automatically revoked. This permit may be revoked by the City at any time for any reason in the future upon review and revocation by the OrenQ Counci 1. The property owners agree to remove all structures within 30 days of permit revocation or termination and if no removal, agree to an assessment of the cost against Lots 19 and 20 of Big Island. The City of Orono further reserves the right to review this permit for any reason as deemed appropriate. Adopted-by,,the City Council of the City of Orono on the 25th day of gust, 1986. • ATT �.T: I, _+* i, A ' -. (-4t-,tN` / D. .thy M.'; -llin, City Clerk Tim Adams, Acting Mayor perty Owner(&) # '' Exhibit F Resol 4456 for /j'0 elpoi 130 + 220 Big Island �/ �' �(�J' Dock -.Zi: ;o. CITY of ORONO s, 44 i l '02iFo i�{' ti RESOLUTION OF THE CITY COUNCIL 9 4L / NO. 445, fc, A RESOLUTION PERMITTING A PRIVATE DOCK ON PLATTED UNIMPROVED RIGHT-OF-WAY BETWEEN LOTS 38 AND 39 MORSE ISLAND PARK BIG ISLAND Metro Leg ¶ rvicr:s t iC. -FILE#2549 Box 491 WHEREAS, the City of Orono has received a request by David Lovelace (the "applicant")for a private dock on platted unimproved right-of way located between Lots 38 and 39, Morse Island Park on Big Island to serve as access to inland property located at 220 Big Island(also known as Big Island Record Lot#8) and legally described as follows: (Exhibit A attached); Also described as: PINS #23-117-23 23 0028 • (hereinafter "the property"); and WHEREAS,Section 10.31,Subdivision 5 of the Orono Zoning Code allows owners of inland properties to request approval of a permit for the installation of a private dock on unimproved platted right-of-way on Big Island to serve as access for said inland properties; and WHEREAS,the City Council is authorized to approve,deny or place restrictions on such permit based upon public health, safety and welfare considerations. NOW,THEREFORE BE IT RESOLVED that a private seasonal dock is permitted on platted unimproved right-of-way located between Lots 38 and 39,Morse Island Park to serve the property, with the following conditions: 1. Length of installed dock extended from the shoreline shall not exceed 100'. 2. Setback from the extended right-of-way boundary lines: a. 0-50' from shoreline: 10' minimum b. 50-100' from shoreline: 15' minimum c. Final location subject to approval of Public Services Director. 3. Dock sections not to exceed 6' in width. 4. One boat slip only, allowed for applicant's use only. Page 1of3 • (O , O - ,�4,0 CITY of ORONO , ;%4`� RESOLUTION OF THE CITY COUNCIL 4 +�9kes1�0044G NO. 4 d. 5 5. A lateral dock section at the shoreline may be installed to facilitate pedestrian access over/around the existing ice ridge at the shoreline. 6. The owner of the adjacent inland lot at 130 Big Island(Record Lot#10) may also share in the use of said dock(one boat slip only for 130 Big Island) as long as such use is acceptable to the applicant. At such future time that the owner of 130 Big Island requests that the City Council approve a separate dock to serve said 130 Big Island independently from the dock serving 220 Big Island,it is the intent of this City Council to allow a second dock at this same location between said Lots 38 and 39 to serve 130 Big Island. 7. No dock canopy shall be erected over said dock. The permittee agrees to maintain the area in a neat and presentable manner at all times and agrees to hold the City harmless forever from any and all claims resulting. from actions as a result of the issuance of this permit,use of the right-of-way,or use of the dock while this permit is • in force. Should there be any other requests from inland property owners to use this site for the installation of a dock to serve their properties,this permit is subject to review and or revocation at the discretion of the City Council. Further,this permit may be revoked by the City any time for any reason in the future upon review and revocation by the Orono City Council. The City of Orono further reserves the right to review this permit for any reason as deemed appropriate. The applicant agrees to remove all structures within 30 days of permit revocation or termination and if no removal occurs, agrees to an assessment of the costs of removal against the property. This permit runs with the property,not with the owner,subject to all conditions and restrictions noted herein. The undersigned applicant has read,understood and hereby agrees to the terms of this resolution and on behalf of himself,his heirs,successors and assigns,hereby agrees to the recording of this resolution in the chain of title of the property. • Page 2 of 3 ..?:-0.4-- ?---- / 0 0 • =...1 t,�. CITY of ORONO �5;...% Aw {ft, 'C.)ty RESOLUTION OF THE CITY COUNCIL 44-ES14.04 NO. 4 4 S, G Adopted by the Orono City Council on this 24th day of April, 2000. ATTEST: I -------N.-- *"'"--- '.\*S ,, _ i ire` Li •• ee, City Clerk Gabru l Jabbour, Mayor Li IkVr Owner(s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) ill The foregoing instrument was acknowledged before me on this 24th day of April, 2000, by Gabriel Jabbour&Linda S. Vee, Mayor& City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. -4."' Ci \'�. CAROLEA. I ASEFAAN IL�cJ�.. ��-,e,4� NOTARY PUBLIC-MINNESOTA LL....'' MY Commission Expires Jan,31, (N Notary Public ....------- MY Jz.--✓1✓ ,..A STATE STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) fh day2000 before me a Notary Public within and for On this ..5 of iti said county,personally appeared c,,/ 4 w /,,Y, 4..„.m.,„,;,/. known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he(they) executed the same as his(their) free act and deed. ti� ,.: � CAROLE A'HASEM,AN ti ( C41t' ' [-6 - a}'' -/ . NOTARY PUBLIC-MINNESOTA MYCommission Ems Jan.3t,2005 N ARY PUBLIC Page 3 of 3 • RESOLUTION#4456 EXHIBIT A LEGAL DESCRIPTION That part of Lot B, Morse Island Park,Hennepin County, Minnesota, lying south of a line running from a point on the west line thereof a distance of 554 feet south of the northwest corner thereof,to the northwest corner of Lot 38, Morse Island Park • S RESOLUTION# 4456 STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) CITY OF ORONO ) I, Linda S. Vee, City Clerk of the City of Orono, Hennepin County, Minnesota, do hereby certify that I have compared the foregoing copy of a resolution of the City Council of the City of • Orono with the original record of such resolution in the Minutes of the proceedings of said City Council at a meeting of said City Council held on April 24, 2000 , and that the same is a true and correct copy of said resolution duly adopted by said City Council at said meeting. In Witness Whereof, I have hereunto set my hand and seal this 24th day of July , 2000. Linda S. Vee, City Clerk (SEAL) • • IA C4 aaH o, --, V W a • tax r- ag ¢r- >->t, oa .as� • f ~ ! C�Cij L l ��' -, C.)u ( t-- taw.W V ia.�; U G . ©x •fit 0-U- N o v 0 -II t3E12 22 : 11%,-=22, 1F.V = e I lin li ,.../ I. 1 Pir EF F1'4 il . OW G .-- 11a ••••, •i•.:.•- i.q o ii,::I ' '• - ' •-... ' 1.--1-LF_. . . of • .-.,..,, .1, I NS' -,-- ,•-..„j:',•J -', • glee e• -.. s.: i f.1 • ,4E...-•"'" ------ '7-44',... '•.; .---,,.--: „-*'... •4, • t • . 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G ; : 130 n Pa tg 0 p 1MVJ 7. 1 littlkiii ° ! 4 a A Z z0 F W F 2 ////7" M E W O V 1 1� V0.0 a • Big Island Record Lot Revisions Since 1982: 1) Record Lots 55 & 64 combined with Record Lot 2 (Three Rivers Parks) 2) Non-contiguous small parcel of Record Lot 22 becomes new Record Lot 70 (unbuildable) 3) Four non-lakeshore parcels of Record Lot 15 detached; re-attached to Record Lot 16 4) Record Lot 12 combined with Record Lot 19 5) Record Lot 44 split between Record Lots 31 and 59 6) Record Lot 66 combined with Record Lot 59 **Not current • Exhibit I PUBLIC COMMENTS Champlin Comments: 210 Big Island From: Aleva Champlin To: Melanie Curtis Subject: Permit Request for 480 Big Island,Orono(LA21-000017) Date: Sunday,March 7,2021 11:16:21 PM Attachments: Reauest for Consideration.pdf Dear Ms. Curtis, As a matter of introduction, my husband Jud and I are the owners of 210 Big Island. We have owned this property since 2007 and are so grateful to the City of Orono for all the improvements made to Big Island over the years, preserving its natural beauty and historical significance. We received a notice from the City of Orono regarding the upcoming March 15 Planning Commission meeting to discuss the above-referenced land use application permit request. We have read the permit request document submitted by Joseph Thull, and are planning to attend the March 15 meeting. This past weekend,we went out to Big Island to do a walk-through of the area described in the permit request to get a better understanding of Mr. Thull's proposed plan prior to the Planning Commission meeting. We are providing you with our comments regarding this permit request in the attached document. There is a link to a video of our walk-through in the document, but in case that link does not work for some reason, here it is again: littps://photos.app.goo.gl/HPKLi4YpTbgvonbV9 Please do let us know if anything in the attached document is unclear or would benefit from additional information. Thank you so much for your time and consideration, Aleya and Jud Champlin 2643 Thoroughbred Lane 210 Big Island Orono, MN 55356 952-476-0258 (home) 612-419-0200 (Aleya's cell) 612-240-8100 (Jud's cell) 4110 • 3 a w s • , w C eti.a) :..+... a) cm . E ....... Q.. c E c. • Opp O OO e1. 0 :FL"; C _._ = L._ U Cl) C 0 co fa ..= (f) 0 4--) a) •- 4--) I . D E •— U C 4.7.) a_ o 1- 4-) 4-0 (i) -. 0 U c21_ 0 •— n o co v c a 0 rd tD40 Z:3 45 la) b.1) TO E v) 5, 0 o 0 0 4--' D .--; •— L4— 4--, cn Cl) c/c5 0 a) 1_ tiO co W3 c 0- CD v) -0 c rV 0 — •_, E - a)LEl? CD . 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(f) (1) 0 -- , s- ra. as CD oa) .E , o (..) -a _c E .2-_, 8 2 E E co c c o .- 0.) a) 0 cr) - CCl) a) > co 0 -0 , D E I c _ c ...T... C '5 c o9- ED. 0 a) -6 >., t- - ±-, 4... P 1.52 23) o a w,, _. a) > (.) , as co ..o Ca 4-9- a) o > E a) 2 0) -4-, _0 ca -o 2: .__J ii-) s- a) 0 _c -DC D _,..o. 1--13 al ci) a) (J) cf, l Ø (a) (li?: _c sa) a) a) a--- c _c as cn -0 > E Zii 4.'a § _ a32 ca) -0 .E)) Oaa; . 0 2. 2 >, c,, , a) c L. co (13 kli 0 0 - w L 'E a) c ,__a) t7) -i o E 8 co ,7, .4_, .c o 4- v- E la ( E a) >,:r:) a) u) 0 c a) CO 5 ..c i) o as 2 c e- 4- 0 ...c < o .C4- 1---- C CY) H 0 < 0 .1-1 • 0 • i 73 c O O n co -.47..; O ..I1 2 ›N E a) Q. o CO • Flm ›NU 0 0o N From: ,Judson Champlin To: Melanie Curtis Cc: Aleya Champlin Subject: 480 Big Island Dock Permit Date: Thursday,March 11,2021 2:31:08 PM Attachments: 10 ft Setback.odf 480 Big Island.odf Hello Melanie. I know this is coming in late,but I figured it might be of some help to you. I tried to figure out my own way through all of the LMCD rules, and decided I better talk to an expert. I ended up speaking with Mathew over at the LMCD about the proposed dock, and he was able to rattle off enough of their rules to get my head spinning. One thing he mentioned was that docks need a 10 foot setback from any adjoining lots. I guess this setback actually extends beyond the shoreline and into the lake. At least this is how I understood it! Attached are a couple of sketches I made to try to show this. In the handmade one, I used a ruler to determine where 10 foot setback is, and I calibrated my measurement based upon the 38.5 feet of shoreline stated in one of the slides in the application. I also tried to illustrate it by overlaying a slide from the application itself, but that is just me eyeballing it. If you figure a dock is maybe 3 feet wide,plus the width of any boat tied to it,the dock might have to be pretty short to stay within the setbacks. I have no idea how accurate any of this is, so It might be a good idea to get this all surveyed to figure where these boarders actually lie. • Mathew said he would be very happy to help out with any questions you all might have. From my limited understanding,there are a number of relevant LMCD rules that might have an impact here. Hope that helps! Thank you again and take care. -Jud Judson K. Champlin Westman, Champlin and Koehler,P.A. Suite 1100 121 South Eighth Street Minneapolis, MN 55402 www.wck.com 612-334-3222 Intellectual Property Attorneys WARNING: The information contained in this transmission may be privileged or confidential. It is intended only for the above identified recipient. If you are not the intended recipient,please forward this transmission to the author. Please delete this transmission and all copies. Thank you. 3/10/2021 Property Interactive Map(Hennepin County Interactive �— Maps Type an address or a property ID(Plp) Search help Tools Legend Print Share Help ,,,. ". -`"c '=: „ -.-- * ' "'r+3 ter.;'' '' Property + 0 � _ "'-� .. h4ap layers �4 ,,,,. �Go to Property links _ � � � � _ �`� -, No results found • 54:y 4 �' '7 F"' `m' ..` -- �_ .„ ..r-- � -� rP,=rnl" ` .,was Y• sr• ' 01-4.1 ^' -a--- I G S' . 4-i-.` ,n s 1 s-.,�i S"'•'•�%�� 'mak' -' ,,u u. ,,,.,. ACS :,c - a , - � t ,, 111 r ;:. L t ;.1.': :::::::,:*: *:'•••''-'1, •••'.i''.•.:.•:•,:i.' ..7.''Sic:::\•;:,:.••::1::•:: .:•:.;•i.'i;::.:::.:.:',::.i.'•::',..i;1-:.•..i:i i::i:..:::.,;i•:.... ...: I:'..ui;:4_,X.*.f.::„_,,,7*Mi§- 7--s- Cie-eit`'..,-;• r Fes, , w ..,rte .fi^ , J w:si Wv. x� •;.%.! \\\ "'�"'; �-^""fir ''ice^=u'"'." -"Y _ rr.5"'�:e=.fie•-''Vit' Go to... 0 30 6ft ©2021 Hennepin County All flights Reserved Disclaimer Jr C 01 V d e . CC Q C OC +2, .E_+ C �° O U � ra p c� i ......1 •L .x Q -J L. G m .A. U p-tir (n E � pr �p aYF :n' d.. (n P 4 a L^ t ".4. x CL• � Q LL Vn- < Q + From: Jeff Horniq Hornig Comments: 450 Big Island To: Melanie Curtis Cc: Olivia Horniq Subject: Big Island Dock Permit Date: Thursday,March 4,2021 12:19:20 PM Melanie, Thank you for your time on the phone. First and foremost,my wife Olivia took the time to review the proposal vs a knee jerk no response. We have decided that we are opposed to this dock permit as proposed. I have 3 thoughts for the application. 1. Motivation. I am concerned that the motivation is purely financial gain which is not a reason to allow the permit. Obviously a lot with lakeshore is worth 10x what a lot without it is worth. He has owned his lot for 12 years and hasn't done anything to start a build process. Being in housing,the cabin he wants to build in the picture he included I estimate to cost around$650-$750k with septic. I looked up his home in Chanhassen,worth about $600k. I would be surprised if they built a cabin worth more than their primary residence in my experience. A solution would be to tie the allowed dock permit to his building and septic permits. When he applies for those and starts construction,his dock permit is approved at the same time. This creates tax revenue for the city and proves his motivation is pure. 2. Options for Docks: He states that he has to boat over,anchor,swim to his lot. The power squadron is right next door to his property and is very affordable. If he never joined the power squadron in the 12 years I question his motivation,going back to his financial gain being his primary objective. 3. Land Locked Lots on Big Island: As we discussed,if you allow for this permit the other lots will quickly want and expect the same thing. Perhaps this is the time to address the whole issue. If this is going to be approved,I would propose that all the landlocked lots get a permit at the same time for that space and allow a dock for each of them on that site. Thank you for your time and effort on this issue. Jeff Hornig I Owner.450 Big Island. Lakes Sotheby's International Realty Jackson Hole Sotheby's International Realty Sun Valley Sotheby's International Realty t 952.230.3165 Maravelas Comments: 130 Big Island From: Paul Maravelas To: Melanie Curtis Subject: Joe Thull lake access request LA21-000017 Date: Monday,March 8,20214:34:16 PM Dear Ms. Curtis, I am one of several landowners at 130 Big Island and a historian of the island. I wanted to share my opinion regarding Joe Thull's lake access request(LA21-000017). I don't think it is reasonable to ask the Thull family or the immediate neighbors to trek overland to the northeast a considerable distance as is contemplated in the conditional use permit application. It is difficult enough to bring materials and supplies to the island without adding the additional complexity of having the lake access so far away. It would impart a great convenience for the owners of 480, 490, and 500 (lots 12 through 15, Morse Island Park) to have their docks and boats nearby as well,where they can be conveniently monitored. I believe the city should condemn a part of the southerly portion of the Three Rivers Park land in order to extend Anawan Avenue to the southwest through the Three Rivers land to the lake. Anawan Avenue is a platted street which adjoins Mr. Thull's property on the southeast side. It appears to me from maps that the distance from the current termination of Anawan Avenue to the lake is about 50 feet. The extension of the street would not affect the park district's land inordinately, as it lies on the extreme edge of the parcel and would not divide it. The west end of Anawan Avenue is platted to be 33 feet wide, but the extension I propose could probably be reduced in width if wanted. Paul Maravelas Mayer, Minnesota 612 581 8207 Kolar Email: 180 Big Island To:All Fast Bide Big Island.... MelmiSCS1h Flamer from Oe City of Orono h.s=TM..fmwwdtheallac.W cel Yon al1sotlwlyoname f480 INapenil haw ra fmadmk ha ben applied fmby Joe ThWI of 480 Big IslarW.Some ofymmry Arae rtctlyM Mese noecm by mail Bomthe Ciry. This nsua rarely conws up on On island but it dills.,lm yew on the Wat sih wit tnkt:7cr dWdidnothave lake accessfmadank.Muriathesasswithlispmiltcplei.1wadd tike bpoint 0th,lthe tlw peanut rtgmsl isml fm the Mo convnan amen poina lrcated nrar 140 and 450Big Island Pane read the attached conditional use penal applicadm and dam hays any goesuona comments m concerns. plane cmuc.Mdstie before March 8N ducally al 952-249-6627 Of nneu.ast nsmn mead Ilsgwds, Tom Kolar-penoml 2859-5985 em 180 Bi:Island 111111111.111..... 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O N p Q c0 O ..O _ r) N Exhibit J1 Original RUN DATE:02/09/2021 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM(PROPERTY OWNERS LIST) Mailing List 38 22-117-23 14 0001 38 23-117-23 23 0033 38 23-117-23 32 0 THREE RIVERS PARK DISTRICT 230 BIG ISLAND LLC RICHARD W PARSONS 740 BIG ISLAND 230 BIG ISLAND 280 BIG ISLAND ORONO MN 55331 ORONO MN 55331 ORONO MN 55331 THREE RIVERS PARK DISTRICT 230 BIG ISLAND LLC RICHARD W PARSONS 3000 XENIUM LA N 2710 FOXGATE DR 4424 82ND ST W PLYMOUTH MN 55441 MINNETONKA MN 55305 BLOOMINGTON MN 55437 38 22-117-23 14 0002 38 23-117-23 23 0034 38 23-117-23 32 0044 MINNETONKA POWER SQUADRON J K CHAMPLIN&A R CHAMPLIN NANCY FARNES 510 BIG ISLAND 210 BIG ISLAND 38 ADDRESS UNASSIGNED ORONO MN 55331 ORONO MN 55331 ORONO MN 00000 MINNETONKA POWER SQUADRON JUDSON K CHAMPLIN NANCY LEE FARNES P 0 BOX 453 ALEYA R CHAMPLIN 2710 FOXGATE DR EXCELSIOR MN 55331 2643 THOROUGHBRED LN MINNETONKA MN 55305 LONG LAKE MN 55356 38 22-117-23 14 0003 38 23-117-23 32 0001 38 23-117-23 32 0046 THREE RIVERS PARK DISTRICT NANCY L FARNES NANCY LEE FARNES 740 BIG ISLAND 38 ADDRESS UNASSIGNED 460 BIG ISLAND ORONO MN 55331 ORONO MN 00000 ORONO MN 55331 THREE RIVERS PARK DISTRICT NANCY L FARNES NANCY LEE FARNES 3000 XENIUM LA N 2710 FOXGATE DR 2710 FOXGATE DR PLYMOUTH MN 55441 MINNETONKA MN 55305 MINNETONKA MN 55305 38 22-117-23 41 0002 38 23-117-23 32 0002 38 23-117-23 32 0047 CJB REV TRUST NANCY L FARNES NANCY LEE FARNES 470 BIG ISLAND 460 BIG ISLAND 460 BIG ISLAND ORONO MN 55331 ORONO MN 55331 ORONO MN 55331 CHRISTOPHER J BOLLIS NANCY L FARNES NANCY LEE FARNES 220 STUBBS BAY RD 2710 FOXGATE DR 2710 FOXGATE DR LONG LAKE MN 55356 MINNETONKA MN 55305 MINNETONKA MN 55305 38 22-117-23 41 0003 38 23-117-23 32 0010 38 23-117-23 32 0059 NANCY L FARNES NANCY L FARNES W C FINK&G L FINK TRSTE 460 BIG ISLAND 460 BIG ISLAND 290 BIG ISLAND ORONO MN 55331 ORONO MN 55331 ORONO MN 55331 NANCY L FARNES NANCY L FARNES WILLIAM&GLORIA FINK 2710 FOXGATE DR 2710 FOXGATE DR 6512 VALLEY VIEW RD MINNETONKA MN 55305 MINNETONKA MN 55305 HAMEL MN 55340 38 23-117-23 23 0003 38 23-117-23 32 0011 38 23-117-23 32 0062 FRED A BRUNTJEN NANCY L FARNES JOSEPH THULL&SARA THULL 240 BIG ISLAND 460 BIG ISLAND 480 BIG ISLAND ORONO MN 55331 ORONO MN 55331 ORONO MN 55331 FRED A BRUNTJEN NANCY L FARNES JOSPEH P THULL 2710 FOXGATE DR 2710 FOXGATE DR SARA J THULL MINNETONKA MN 55305 MINNETONKA MN 55305 6872 HIGHOVER DR CHANHASSEN MN 55317 38 23-117-23 23 0004 38 23-117-23 32 0012 38 23-117-23 32 0064 FRED A BRUNTJEN NANCY L FARNES P C THISS&S K THISS 240 BIG ISLAND 460 BIG ISLAND 270 BIG ISLAND ORONO MN 55331 ORONO MN 55331 ORONO MN 55331 FRED A BRUNTJEN NANCY L FARNES PETER THISS&SUZY THISS 2710 FOXGATE DR 2710 FOXGATE DR 336 LAKE ST MINNETONKA MN 55305 MINNETONKA MN 55305 EXCELSIOR MN 55331 38 23-117-23 23 0027 38 23-117-23 32 0018 38 23-117-23 32 0072 K W SAARI ETAL TED R HANNA JR. CJB REV TRUST 260 BIG ISLAND 490 BIG ISLAND 470 BIG ISLAND ORONO MN 55331 ORONO MN 55331 ORONO MN 55331 DAVID SAARI TED R HANNA JR. CHRISTOPHER J BOLLIS 21035 OAK LA 3331 SHORE DRIVE 220 STUBBS BAY RD GREENWOOD MN 553315 EXCELSIOR MN 55331 LONG LAKE MN 55356 38 23-117-23 23 0028 38 23-117-23 32 0019 j 38 23-117-23 32 0077 MICHAEL P DOUGHERTY CURTIS L NELSON 450 BIG ISLAND LLC 220 BIG ISLAND 500 BIG ISLAND 450 BIG ISLAND ORONO MN 55331 ORONO MN 55331 ORONO MN 55331 MICHAEL DOUGHERTY CURTIS L NELSON JEFFREY HORNIG/OLIVIA HORNIG 2535 PARK AVENUE 6462 GRAND VIEW DR 9 MERILANE AVE MINNEAPOLIS MN 55404 EDEN PRAIRIE MN 55346 EDINA MN 55436 38 23-117-23 23 0032 38 23-117-23 32 0020 SUMMER TAYLOR FRED A BRUNTJEN 200 BIG ISLAND 250 BIG ISLAND ORONO MN 55331 ORONO MN 55331 SUMMER TAYLOR FRED A BRUNTJEN 530 N STUBBS BAY RD 2710 FOXGATE DR ORONO MN 55356 MINNETONKA MN 55305 Exhibit J2 2nd Notice RUN DATE:03/03/2021 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM(PROPERTY OWNERS LIST) Mailing Lis t 38 22-117-23 14 0001 38 23-117-23 23 0036 38 23-117-23 32 0 THREE RIVERS PARK DISTRICT T KOLAR&S KOLAR P C THISS&S K THISS 740 BIG ISLAND 180 BIG ISLAND 270 BIG ISLAND ORONO MN 55331 ORONO MN 55331 ORONO MN 55331 THREE RIVERS PARK DISTRICT THOMAS KOLAR PETER THISS&SUZY THISS 3000 XENIUM LA N SARAH KOLAR 336 LAKE ST PLYMOUTH MN 55441 225 YOSEMITE CIR N EXCELSIOR MN 55331 GOLDEN VALLEY MN 55422 38 22-117-23 14 0003 38 23-117-23 32 0001 38 23-117-23 32 0072 THREE RIVERS PARK DISTRICT NANCY L FARNES CJB REV TRUST 740 BIG ISLAND 38 ADDRESS UNASSIGNED 470 BIG ISLAND ORONO MN 55331 ORONO MN 00000 ORONO MN 55331 THREE RIVERS PARK DISTRICT NANCY L FARNES CHRISTOPHER J BOLLIS 3000 XENIUM LA N 2710 FOXGATE DR 220 STUBBS BAY RD PLYMOUTH MN 55441 MINNETONKA MN 55305 LONG LAKE MN 55356 38 23-117-23 23 0003 38 23-117-23 32 0002 FRED A BRUNTJEN NANCY L FARNES 240 BIG ISLAND 460 BIG ISLAND ORONO MN 55331 ORONO MN 55331 FRED A BRUNTJEN NANCY L FARNES 2710 FOXGATE DR 2710 FOXGATE DR MINNETONKA MN 55305 MINNETONKA MN 55305 38 23-117-23 23 0004 38 23-117-23 32 0018 FRED A BRUNTJEN TED R HANNA JR. 240 BIG ISLAND 490 BIG ISLAND ORONO MN 55331 ORONO MN 55331 FRED A BRUNTJEN TED R HANNA JR. 2710 FOXGATE DR 3331 SHORE DRIVE MINNETONKA MN 55305 EXCELSIOR MN 55331 38 23-117-23 23 0027 38 23-117-23 32 0019 K W SAARI ETAL CURTIS L NELSON 260 BIG ISLAND 500 BIG ISLAND ORONO MN 55331 ORONO MN 55331 DAVID SAARI CURTIS L NELSON 21035 OAK LA 6462 GRAND VIEW DR GREENWOOD MN 553315 EDEN PRAIRIE MN 55346 38 23-117-23 23 0028 38 23-117-23 32 0020 MICHAEL P DOUGHERTY FRED A BRUNTJEN 220 BIG ISLAND 250 BIG ISLAND ORONO MN 55331 ORONO MN 55331 MICHAEL DOUGHERTY FRED A BRUNTJEN 2535 PARK AVENUE 2710 FOXGATE DR MINNEAPOLIS MN 55404 MINNETONKA MN 55305 38 23-117-23 23 0032 38 23-117-23 32 0023 SUMMER TAYLOR RICHARD W PARSONS 200 BIG ISLAND 280 BIG ISLAND ORONO MN 55331 ORONO MN 55331 SUMMER TAYLOR RICHARD W PARSONS 530 N STUBBS BAY RD 4424 82ND ST W ORONO MN 55356 BLOOMINGTON MN 55437 38 23-117-23 23 0033 38 23-117-23 32 0027 230 BIG ISLAND LLC P KOPFMANN&S HALDEMAN 230 BIG ISLAND 300 BIG ISLAND ORONO MN 55331 ORONO MN 55331 230 BIG ISLAND LLC PETER KOPFMANN 2710 FOXGATE DR SAMANTHA HALDEMAN MINNETONKA MN 55305 2011 AMBERG CT CHASKA MN 55318 38 23-117-23 23 0034 38 23-117-23 32 0059 J K CHAMPLIN&A R CHAMPLIN W C FINK&G L FINK TRSTE 210 BIG ISLAND 290 BIG ISLAND ORONO MN 55331 ORONO MN 55331 JUDSON K CHAMPLIN WILLIAM&GLORIA FINK ALEYA R CHAMPLIN 6512 VALLEY VIEW RD 2643 THOROUGHBRED LN HAMEL MN 55340 LONG LAKE MN 55356 38 23-117-23 23 0035 38 23-117-23 32 0062 D J O'GARA&K O'GARA JOSEPH THULL&SARA THULL 190 BIG ISLAND 480 BIG ISLAND ORONO MN 55331 ORONO MN 55331 DANIEL J O'GARA JOSPEH P THULL 1579 BOARDWALK CT SARA J THULL ST PAUL MN 55118 6872 HIGHOVER DR CHANHASSEN MN 55317 Exhibit K1 Hennepin County Locate & Notify Map Original Map Date: 2/9/2021 190 740 a` 2311 4911 `Iil :ti sal ng ail 474 02, •0 464 3 400 se 46{{ tyOl 11111.11 464 =U r, tee„ 321) 42?1 Buffer Size: 500 0 50 100 200 Feet Map Comments: 1 1 1 1 1 1 1 1 1 480 Big Island This data (i) is furnished 'AS IS with no representation as to completeness or accuracy;(ii)is fum'shed with no warranty of any kind; and (ii) is notsuitable for legal, engheering 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 Exhibit K2 r, a Hennepin County Locate & Notify Map 2nd notice ,,,-.24,::,r._krMa MV �r Date: 3/3 0 . 4110 41.... bill, w 111 k ,e IlliFr Point Comfort POI nt Buffer Size: 500 0 100200 400 Feet Map Comments: IIIIIIIII Public Hearing City Council April 12,2021 This data (I) is furnished 'AS IS' with no representation as to completeness or accuracy;(ii)is furnished with no warranty of any knd; and (ii) is notsutable 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 i gis.info@h en ne pi n.us Exhibit L UPDATED REQUEST Dear Ms. Curtis, I am writing to submit additional information and clarity based on further discovery of the existing permits and submitted feedback and concerns from property owners directly impacted by my application. As stated on the first page of my background and context that I submitted with my application. I am hopeful that an amicable and a neighborly solution can be found and still allows me access to my property. I have gained additional historical context on the rarely requested dock permits on this part of the island (I believe two in the last 38+ years). My request and application follow's similar precedent to the other interior property lot holders who have also requested access to their property and which has been approved. I would like to add some clarifying points and also pose a potential scenario for the council to consider that balances some of the concerns of the most affected parties. As I reviewed feedback submitted by Ms. Farnes and Mr. Bruntjen at 230 Big Island with an existing permit, one of the unusual aspect is the following language within the permit. It states; "Should there be any other another request from an inland property owner to use this site for the installation of a dock to their properties this permit is automatically revoked." While I do not the know the intent of that language when crafted so long ago, the language seems extremely strong and harsh for any permitted dock holder. Given the harshness of this language, it would seem reasonable to find a solution does not create a win-lose scenario. Existing Dock Permit Dated June 1983 € (�`�' 4932148 BCAN NE'L®k City of OR1ONO."-g!ta.i as x[xx:,x.mae•, xt.1171:11:117.:T;%7>s[x«.. .[..e"-fi- le s 1 .a![o•one- }a[ root.,fdaa sola[ ualse xs Elatxl.[. xeex r.st..ean[a s[.nf.[a.re[..,.:;;p::;'1:x [re One potential resolution for the council to consider would be to create a new permit where both #480 and #230 are named in the permit, the old permit is retired and we share a dock, each permit holder having a side. This solution is designed so owners at 230 Big Island are not materially impacted, they still retain their permitted dock rights to access their property and allows me access to my property. While this is not the perfect solution it does balance the needs of each party and would work to limit the impact on the existing construct that exists today. As a show of good faith, should this scenario be feasible, I would consider purchasing a dock at my expense if one is not currently available from Ms. Farnes and Mr. Bruntjen. I believe this outcome would be similar in spirt to how the lot owners at #130 and #220 share an access point. Q c 0 Right-of-Way Construction Traffic Concern: As a point of clarity, I am not proposing that this site and right-of-way be used as an access point for construction vehicles. The right-of-way I am requesting would used as a walking path from the dock up the main road everyone currently uses. This path will have no impact on the trees and topography on that right-of-way. Any future construction would use the primary access point on the other side of the island that all other property owners use getting on an off this part of the island. In summary, I hope this clarity's a few points and provides a scenario for all interested parties to consider. Regards, Joe ThuII M:612 812 1280 Joe.Thull@gmail.com 2 Additional Public Comments for Item #is - LA21-000017 From: Aleva Champlin Champlain: 210 Big Island To: Melanie Curtis 3rd Comment Submittal Cc: "Judson Champlin" Subject: Re:480 Big Island Dock Permit Date: Sunday,March 14,2021 11:38:43 PM Attachments: MCWD Information.pdf Dear Ms. Curtis, Thank you for kindly adding our earlier-submitted updated comments in the public packet for this application. Please find attached additional comments pertaining to the Minnehaha Creek Watershed District(MCWD) and its wetland classification of various regions of Big Island, including the unimproved right-of-way that is the subject of the 480 Big Island Dock Permit Request. I sincerely apologize for the timing of these further additional comments, but I worked over the weekend to learn a little about the MCWD and its rules pertaining to Lake Minnetonka. It is clear that in addition to the City's ordinances, the MCWD rules need to be addressed, along with the rules of the LMCD and the DNR as discussed previously. I completely understand if this submission is too late to be included in the agenda materials for tomorrow's meeting, but I do thank you for your consideration of the points made in this document. I look forward to attending the meeting tomorrow. Thank you very much, Aleya Champlin 210 Big Island On Friday, March 12, 2021, 07:09:45 AM CST, Melanie Curtis<mcurtis@ci.orono.mn.us>wrote: Thank you. I will add these updated comments to your original and they will be included in the public packet for this application. Melanie Curtis W 952.249.4627 Emcurtiseci.orono.mn.us All permitting is now done through our new online portal- LINK! From: Judson Champlin [mailto:jchamplin@wck.com] Sent: Thursday, March 11, 2021 2:30 PM To: Melanie Curtis <MCurtis@ci.orono.mn.us> Cc: Aleya Champlin <aleya@champlins.us> Subject: 480 Big Island Dock Permit Hello Melanie. I know this is coming in late, but I figured it might be of some help to you. I tried to figure out my own way through all of the LMCD rules, and decided I better talk to an expert. I ended up speaking with Mathew over at the LMCD about the proposed dock, and he was able to rattle off enough of their rules to get my head spinning. One thing he mentioned was that docks need a 10 foot setback from any adjoining lots. I guess this setback actually extends beyond the shoreline and into the lake. At least this is how I understood it! Attached are a couple of sketches I made to try to show this. In the handmade one, I used a ruler to determine where 10 foot setback is, and I calibrated my measurement based upon the 38.5 feet of shoreline stated in one of the slides in the application. I also tried to illustrate it by overlaying a slide from the application itself, but that is just me eyeballing it. If you figure a dock is maybe 3 feet wide, plus the width of any boat tied to it, the dock might have to be pretty short to stay within the setbacks. I have no idea how accurate any of this is, so It might be a good idea to get this all surveyed to figure where these boarders actually lie. Mathew said he would be very happy to help out with any questions you all might have. From my limited understanding,there are a number of relevant LMCD rules that might have an impact here. Hope that helps! Thank you again and take care. -Jud Judson K. Champlin Westman, Champlin and Koehler, P.A. Suite 1100 121 South Eighth Street Minneapolis, MN 55402 www.wck.com 612-334-3222 Intellectual Property Attorneys ®, WARNING: The information contained in this transmission may be privileged or confidential. It is intended only for the above identified recipient. If you are not the intended recipient, please forward this transmission to the author. Please delete this �..k: r t ggk {w vim(144) C , a) 0_ , co Y SIS4�w^. G.: . ,. a, .,,,,,,„.,,, .. .„ 4 4 o >, ,.,:,.,, yI % 1. (........) _ c. ,. < (t, o LLI E , .. = '1".3 ma CD ' „ . CE '-�d , r3xi: b. fi k :45 (i) c -0-VI c - — a3 0 "E N Cl)i �. 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U) r ti =-• a• as o f6 03 N v n. a_ @ C o f° O 1. s E N"" , - a � Q � co d v • v 2) C 4 0 c aa) a i O `" =MD _ -em �n c c O C/) _ D • .0 . O E N U V O Co U) C Q, a) O y Q O O w.. c d ms en U O O 0 uCi v O E ' O Y N a3 'ORS C O — O tj 6) C C c co N h co Q Y @ OV L To N N »- E `> a) - cn O c N h V, ,r, q N C } to co C d d N U N v d :� N _ 2 • E U �, L N . . .v E o .� 4y 4) a) O aJ ,j O C _ -. p f0 O ? Y Co a, -. 2 C C Q) v o 4. co cn R N@ v p > QS h 6) a) N N Co N a) RS r- 5 N O > ccs 5 �c O O O c6 Cl) • C N 0) v U c Co aa)) a) aa)) 4 .� ci C CY Q co E [Y F- CY v CY J ..F, 0 C <t t1] O Ci W ti LO _C COMMENTS RECEIVED AFTER PC PACKET PUBLISHED: Saari Comments: 260 Big Island From: David Saari To: Melanie Curtis Cc: Eric Saari Subject: RE:Joe Thull Date: Friday,March 12,2021 2:06:29 PM Melanie, As I think about the CUP request from Joe Thull,some thoughts: • Fred Bruntjen has had an approved access in place next to our lot 260 for years—an obvious need for his cabin to continue to have lake access o BTW- Fred's cabin was built by my Grand Parents back in the mid 40's- • Unfortunate the Three Rivers Park District is not willing to allow an access to Joe with an easement adjacent to lot 470 o From your perspective is there any hope the TRPD would change their mind? o The best and easiest resolution for Joe • Given no movement by the TRPD, logic would suggest the best solution for all property owners is for the interior lots to access the lake utilizing the city owned right of way with access to their bays o East Bay—Access via city owned right of ways adjacent to properties 120, 140, 260 and 280 • West Bay—Access via city owned right of ways adjacent to properties 460 and 450 • North Side—Access via city owned right of way adjacent to property 110 • South Side—Access via city owned right of way adjacent to property 380—may not be an option, appears 370 may own a 10'frontage at the shoreline Obviously Joe's property is facing the West Bay—granting access via the right of way adjacent to property 460 is the most logical choice for all involved Thank you for your consideration. Look forward to seeing you Monday evening. Dave Saari 21035 Oak Lane Greenwood, MN 55331 612 747 3606 From: Melanie Curtis<MCurtis@ci.orono.mn.us> Sent:Tuesday, March 2, 2021 11:07 AM To: David Saari<david.saari@advantagesolutions.net> Subject:Joe Thull 1/O(101.11°V Melanie Curtis, Planner Direct 952.249.4627 Planning &Zoning Office 952.249.4620 2750 Kelley Parkway, Orono, MN 55356 Email: mcurtis@ci.orono.mn.us Website: www.ci.orono.mn.us Thiss Comments: 270 Big Island From: Suzy Thiss To: Melanie Curtis Cc: Thiss Peter Subject: LA21-000017 Joseph Thull 480 Big Island Date: Friday,March 12,2021 5:10:02 PM Hi Melanie, Thanks again for returning my call on March 10th regarding the request to revoke Nancy Fames dock permit in front of her cottage,and switch it to Thull an inland property owner, 1.2 Miles away, as well as info regarding the use of ATV's on the walking paths. First,we have been neighbors with Fred and Nancy for close to 25 years,they go to their cottage,hang out like the rest of us.In the past couple of years health issues have come up so it has been more difficult,however I cannot understand how you could even consider revoking their dock access in the right away.It's my understanding that they have had their cottage for 35 years and the permit in the access has always been in place for One Dock,One Property owner. None of the neighbors next to the public access want to see a marina situation,it needs to be one dock-one family. All the people that invested in inland lots will be requesting to cut down paths to improve and sell their investments with a dock if we let this revocation take place. As I mentioned on the phone,the best solution is for Thull to rent a boat slip at the Power Squadron,they have showers,bathrooms and he could walk to his property from there. All the neighbors enjoy the quiet woods/wildlife and are not advocating to develop Big Island into development central,it's really not conscientious to take an older couples dock permit away after 35 years. Thanks for listening and have a nice weekend. Suzy Thiss Brand Ambassador Minneapolis Ray-Ban Genuine Since 1937 Ph:952-452-0186 CS: 800-422-2020 Fames Comments: 230, 240, 250, 460 Big Island From: Nancy Fames To: Melanie Curtis Subject: I am ONE hour late Date: Monday,March 15,2021 1:18:07 PM Attachments: NLF 1 MelanieConsiderationToAmendYourDraftedLetterMarchl5.docx NLF 2 HighliohtCommentsOnThullLastLetterExhibitLforPacket.docx NLF 3 LetterForPackaoeComments.docx NFlEasment by Robb.odf Melanie, I can drive over or fax the attachments starting now. Please call and advise! I am so, so sorry; this took on a life of its own. I have been deligently working steady on this all weekend. Hope my exhaustion and brain overload doesn't reflect in this. And appreciate your flexibility in this very serious matter to defend best as I could in a week. Nancy March 14, 2021 To: Melanie Curtis, Planner Re: #LA-21-000017 Thull Your drafted March 15 letter to Chair and Planning Commission Members Melanie, In reviewing above I note the below for consideration due to Ilth hour changes with research, discovery etc. this last week. Background last paragraph: Two dock permits have been issued in the past 35 years. Resolution 2038 (exhibit F) was granted to 230 August 1986 with an existing dock use and structure. Resolution 4465 attributed to 220 and 130 May 2000(Exhibit F). Page 2 third paragraph, fifth sentence ...informal agreement with City since early 1940's. Tenth sentence ...Permit 2038 has remained in effect since 1986. See Nancy Farnes revised comments submitted March 15 in exhibit 1. Discussion: Second paragraph ...formal revoke. I did not receive a formal 30 day notice of revocation. An application twenty years ago for a dock permit at 230 set precedent; no discussions or notice to revoke was entertained or enforced. Permit 2038 was undisturbed; new application withdrawn to submit new application council approved/recommended for 220 at 130; it was not revoked. Does this merit a revocation or discussion of"intent" when 2038 was properly secured for 220 Big Island dock permit after 35 years and already met LMCD, city codes etc. requirements? Planning Staff Recommendation Tabled until further research if it is feasible for applicant to propose sharing one dock, or add a second dock, apply for a second permit if so or reasonable to revoke 220 Big Island until done. 2038 Permit went thru proper procedures in 1986 to secure permit to 220 Big Island. The permit issued 35 years ago is one dock for 220; one boat w/one dock meets LMCD guidelines. Comments indicate 33-34' Lakeshore does not facilitate applicant for two boats with one dock OR two docks in LMCD ordinances. A withdrawal or denial is reasonable based on preliminary efforts and work submitted by others that applicant didn't do or include in application. It may be served better for all that an application/request to amend the code will protect and conform all prior work invested by city, planners and applicants on the two dock permits issued. It is a hardship on all to revisit the same issues resolved; it also complicates a dock permit application. Exhibit L March 14 Comments in Highlight for Curtis Dear Ms. Curtis, I am writing to submit additional information and clarity based on further discovery of the existing permits and submitted feedback and concerns from property owners directly impacted by my application. As stated on the first page of my background and context that I submitted with my application. I am hopeful that an amicable and a neighborly solution can be found and still allows me access to my property. I have gained additional historical context on the rarely requested dock permits on this part of the island (I believe two in the last 38+ years). My request and application follow's similar precedent to the other interior property lot holders who have also requested access to their property and which has been approved. I would like to add some clarifying points and also pose a potential scenario for the council to consider that balances some of the concerns of the most affected parties. As I reviewed feedback submitted by Ms. Farnes and Mr. Bruntjen at 230 Big Island with an existing permit, one of the unusual aspect is the following language within the permit. It states; I withdrew reactionary material to M. Curtis. The complexity, legalities and narrative in application did not have clarity for me to accurately respond. "Should there be any other another request from an inland property owner to use this site for the installation of a dock to their properties this permit is automatically revoked." 1983 Dock Permit was issued to a unique 220 property with structures. A dock was used since 1940 for 220. Prior to purchasing 220 the owner went thru proper process with surveys, etc. to include legal use of existing dock for 220 in 1986. While I do not the know the intent of that language when crafted so long ago, the language seems extremely strong and harsh for any permitted dock holder. I request adequate time with M Curtis to research relevant, accurate intent and documents for her recommendation to committee and council. Given the harshness of this language, it would seem reasonable to find a solution does not create a win-lose scenario. Applicant is only person in 35 years stating permit is "harsh language". Existing Dock Permit Dated June 1983 One potential resolution for the council to consider would be to create a new permit where both #480 and #230 are named in the permit, the old permit is retired and we share a dock, each permit holder having a side. Please see my replaced narrative, LMCD, lake shore feet, drain fields, trench etc. and also the relative material submitted by Jud. This solution is designed so owners at 230 Big Island are not materially impacted, they still retain their permitted dock rights to access their property and allows me access to my property. While this is not the perfect solution it does balance the needs of each party and would work to limit the impact on the existing construct that exists today. 230, 210, 260, land and lakeshore right of way are negatively impacted... As a show of good faith, should this scenario be feasible, I would consider purchasing a dock at my expense if one is not currently available from Ms. Farnes and Mr. Bruntjen. I believe this outcome would be similar in spirt to how the lot owners at #130 and #220 share an access point. Not remotely similar, 220 had structures and access points not accurate. Right-of-Way Construction Traffic Concern: As a point of clarity, I am not proposing that this site and right-of-way be used as an access point for construction vehicles. The right-of-way I am requesting would used as a walking path from the dock up the main road everyone currently uses. Who is everyone, where is assumed "path"? This path will have no impact on the trees and topography on that right-of-way. The "path" on right of way is a drain field, mature trees, drainage trench... One application in 35 years set precedent to this identical request in early 2000. After much turmoil and discussions with city and private owners it was resolved a new application would be approved at 1 Any future construction would use the primary access point on the other side of the island that all other property owners use getting on an off this part of the island. Any future construction would use the primary access getting on and off this part if island. Applicant states #4 is a primary access point; it is riprapped private property owned by 460. Right of way was a 10' alley; not a 30' road. In summary, I hope this clarity's a few points and provides a scenario for all interested parties to consider. Applicant's summary opens up a Pandora's Box for a dock permit. Some are matters between neighbors, Variances, easements, permits etc. Many of the issues have precedence by lengthy proper procedures. Regards, Joe Thull M:612 812 1280 Joe.Thull@gmail.com March 15, 2021 To: Malanie Curtis,City of Orono Planner From: Nancy Farnes Re: #LA-21-000017 Joe Thull,480 Big Island, Dock Permit This serves as my requested response to assist in above-named matter with attachments for reference. The application and updated letter as exhibit L still dismisses City Codes, LMCD ordinances, and precedent set on an identical application. It was a tumultuous hardship on neighbors affected.And it was resolved by withdrawal of application for a new application granting dock permit#4456 by council. Doesn't the City have a duty to protect property rights of Thull and property owners affected as well as the city codes, right of ways and LMCD ordinances? Isn't the intent of planners, Planning Commission and Council to review applications and not to create issues down the road or hardships?The application was submitted without relevant research.A harsh burden fell on me and neighbors a week ago to provide it for planner on informed recommendation. Attached validates a handful of wrong narratives in Thull application. He includes what should be several change requests on existing precedence, city codes and LMCD ordinance packaged in his dock permit. Considering a new code for easements and many sales I hope common sense may prevail to withdraw it. 1)230 Big Island was purchased at 45K with an existing dock and structures since 1942. a) Precedence was set 2038 conforming w/existing lakeshore,traffic and quite enjoyment. b) Precedence was set 2000 by 4456 resolution where application for dock at 230 withdrawn. c) Precedence acknowledge by last buyer of 220 inside 4.5 acres at 100K. He asked us and inquired for dock at 230. I believe he dropped idea after his due diligence. d) Right of way between 210 and 230: 1) It is a drain field with established trench for water runoff in spring and storms 2) 78-567 (1)violation;see attached notice from City Orono dated October 22, 2003 3) Right of ways became small walking trails about 3 feet wide. Some are established behind private properties. Per code78-567 (5)...No permit shall be required for any person whose property abuts a platted public right of way or a platted park to control weeds or brush,seed,sow mow or otherwise maintain the right of way or park....record lots ...divided by platted, unopened public right of way may incorporate and use such right of way as PART OF THEIR YARD without a permit.... e) The city does not maintain right of ways,survey or provide signage. Perhaps administration inquiries should be directed to abutting property owner who preserve land, "incorporate and use such right of ways as part of their YARD without a permit" lacking sufficient knowledge to advise. f)Approx 34.5 lakeshore footage at right of way in front of 230 does not conform to applicant proposal for 2 boats sharing 1 dock or two docks and two boats. Attached is LMCD ordinance, 210's video/diagram submitted and mine. Summary: Applicant's proposal for his 10 yr. 9K purchase transfers 130K wealth to him and tanks 35 yr.45K purchase at 230(intent of permit) down to 20K. I respectfully ask if his proposal to "revoke" 2038 may be harsh. It has no precedent, due diligence or communicating to affected neighbors etc. 2)460 statement that it is a right of way with an access point used by all with lakeshore. a) See attached bona fide survey on the subject property. b) The right of way was conversion of a 10' ally between 450&460 with no lakeshore. c) The strip (lot 2 and 3) is privately owned;was riprapped years ago in neighborhood project. Summary for applicant and planner for consideration in recommendation to deny/approve: Given a week for me to locate old relevant files and with planners help,this should be tabled if needed, denied and or applicant may withdraw application submitted with no diligence or data to validate it. From my perspective and observation the City has exhausted and gone above and beyond to facilitate application for a dock. Per 78-567 (1) .permit application (did not) demonstrate a reasonable alternative and (does) unreasonably affect me at 230, other properties abutting right of way(six). I request planner to review Ilth hour work I submit along with others last week to deny a recommendation. It negatively impacts drainage and vegetation; includes mature trees for a permit,survey and proposal damage the established trench. Perhaps applicant may choose to review all the work and LMCD provided by neighbors to assess if his application is feasible And pursue to revoke 230 from a 35 year old permit assigned to 230 in unique situation since 1942 on grounds it is "harsh" language, etc. doing the neighborly thing to withdraw it. It may be wise for applicants to perform their own due diligence prior to official application submission. Hennepin site is friendly user BUT clearly states "as is", not a survey or to be used as such 2038 Resolution is intended for 230 Big Island. Besides Hale family division in 1983 Orono was working to established ordinance 246 to increase lot size from 2 acres to 5 acres with 10.31 code attached. Nancy Farnes 230,460 and 38 Big Island Transfer Entered May 7, 2020 1:24 PM IIIIII III I II II II II All I ll Doc No T05706602 Hennepin County, Minnesota Mark Chapin Certified, filed and/or recorded on County Auditor and Treasurer May 7, 2020 1:24 PM Office of the Registrar of Titles Hennepin County, Minnesota Martin McCormick, Registrar of Titles Mark Chapin, County Auditor and Treasurer Deputy 98 Pkg ID 1985689E Document Recording Fee $46.00 Document Total $46.00 PID(s) 22-117-23-31-0020, 22-117-23-31-0029, 22-117-23-31-0031 Existing Certs 1369897 This cover sheet is now a permanent part of the recorded document. • LAKE ACCESS EASEMENT THIS LAKE ACCESS EASEMENT ("Easement") is made and entered into this 23rd day of April,2020,by and between,Selden Thompson Robb,Jr. and Helen A. Robb,husband and wife; and John F. Robb, an unmarried individual, ("GRANTORS"), and Janet M. Fieger, and unmarried individual, ("GRANTEE"). RECITALS WHEREAS, GRANTORS are the fee owners of the following described property in Hennepin County,Minnesota: Lots 19,20 and 21,Pleasant View Lake Minnetonka(the"GRANTOR PARCEL") WHEREAS, GRANTEE is the fee owner of the following described property in Hennepin County,Minnesota: Lots 22,23 and 24,Pleasant View Lake Minnetonka(the"GRANTEE PARCEL"). WHEREAS,the City of Orono,Hennepin County,Minnesota has adopted Ordinance No. 236 allowing "An owner of a riparian lot within the Seasonal Recreational (RS) zoning district may grant an easement over their riparian, RS zoned property to benefit a non-riparian,RS zone property for lake access purposes." WHEREAS,both the GRANTOR PARCEL and the GRANTEE PARCEL are within the Seaasonal Recreational(RS)zoning district. WHEREAS,the GRANTOR PARCEL is a riparian lot and the GRANTEE PARCEL is a non-riparian lot. WHEREAS, the parties hereto desire to memorialize an easement for lake access purposes over the GRANTOR PARCEL to benefit and be appurtenant to the GRANTEE PARCEL;and 1 LAKE ACCESS AGREEMENT WHEREAS,the parties desire to memorialize their agreement regarding maintenance and repair of the lake access easement area; ACCORDINGLY, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. The contents of the Recitals set forth above shall constitute a part of this Lake Access Easement. 2. Selden Thompson Robb, Jr. and Helen A. Robb,husband and wife; and John F. Robb, an unmarried individual, (GRANTORS) hereby grant to Janet M. Fieger, an unmarried individual, and her guests, invitees, heirs, assignees and transferees (GRANTEE) a non-exclusive easement for lake access purposes across the GRANTOR PARCEL limited to a ten foot grass path directly adjacent to the East Lot Line of Lot 21, Pleasant View Lake Minnetonka running from the street to the lake (the"EASEMENT PATH")to benefit and be appurtenant the GRANTEE PARCEL. 3. GRANTEE will be responsible for repairing any damage to EASEMENT PATH including re-grading and re-seeding. GRANTOR will be responsible for mowing of the EASEMENT PATH. 4. This Agreement is binding upon the heirs, successors, transferees and assigns of the Parties. IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date and year first above written. GRANTOR: ..t . --- -..a552 Selden 'hompson Robb,Jr. STATE OF MINNESOTA ) ) ss. COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this 23T`1 day of April, 2020 by Selden Thompson Robb, Jr. I ,/ (SE ; / 5°to it /(PK:Wlide 1'6 � ANNA B BREKKE Not Public Vo °;iii.,„' NOTARY PUBLIC MINNESOTA MY COMMISSION EXPIRES 01131126 2 LAKE ACCESS AGREEMENT GRANTOR: • /A• - Helen A. Robb STATE OF MINNESOTA COUNTY OF ) ss. The foregoing instrument was acknowledged before me this 15 day of fWri 1, 2020 by Helen A. Robb. (SEAL) /444 117Y1// Notary Public ,4•";.*--,, ANNA B BREKKE NOTARY PUBLIC-MINNESOTA t'• MY COMMISSION EXPIRES 01/31125 3 LAKE ACCESS AGREEMENT GRANTOR: )1L , Jif F. Robb STATE OF MINNESOTA ) ) ss. COUNTY OF cad. LOUIS ) The foregoing instrument was acknowledged before me this I day of n'rq , 2020 by John F. Robb,an unmarried individual. (SEAL) I " �� JAMIE LarySHERPublic LC�CK "�I�✓� -Liv "' jS.•: cLl NotMinnesota No Public �J�, � My Commission Expires , Jan 37,2024 4 LAKE ACCESS AGREEMENT GRANTEE: 4 b J1 Jan . Fieger STATE OF MINNESOTA ) ) ss. COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this 23r1 day of April, 2020 by Janet M. Fieger, an unmarried individual. Alr (SEAL) 1 a, do • Notary Public =s" s;: ANNA B BREKKE :L,',.+: � NOTARY PUBLIC-MINNESOTA �' ''' MY COMMISSION EXPIRES 01 X31125 This instrument was drafted by: Barbara J. Weckman Brekke,Atty. No. 0349434 Brekke, Clyborne&Ribich,L.L.C. 287 Marschall Road, Suite 201 Shakopee, MN 55379 (952) 402-9410 5 LAKE ACCESS AGREEMENT 01/20/2003 04:25 9529217257 CROMWELL PAGE 01 • Cover Sheet 4II O fl A L Fornfs Ccwth1enf March 15, 2021 4tr !•A al • boots 11 To: Melanie Curtis, Planner From: Nancy Farnes Pages: 24 including this cover 01/20/2003 e4: 25 9529217257 CROMWELL PAGE 02 • P 0' 3 pages for 460 survey, Certificate of Title A 4 41% •A • ,4410 • *, 4 4 *N. if - 01/20/2003 04: 25 9529217257 CROMWELL PAGE 03 a. • I. ;•;\ :$.h • N i b d nI. iill .„7J r Lit 8 � d�N° 0 r, 1 ;€ . �m -P , 1 .•-• ___-- _____ .::::.13....,...„ m t!...,-.1,j:: it.rj;) A. lg. 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L6.1 tragiatiNAM ta.) „� w S. 2 a ❑ '. '..•-- �, P .-s-... L ` pq • a iii 4 , o r [./"SCI 4 cr P. 'h 1 i ' •'S P4 i `< ;; ^, ep W ` `+ Do Co c Pi DI m .:-.. O �, 0 rp kil!c1° 22 c; •••-.Z.:=7:, L6Lj F.�.+ toy • QEF 6 O p kl 4 .� i+ 0w ro 11 Ft, 13, 9 ("•41 (.. ro ]] °p N+ D3 L4 I;n yam, . o o m. N ° :'; :air° :;;; m This legal description came from tax information for tax parcel 23-117-23-32-0002. Please make any corrections on this sheet or attach copy of the correct legal description. That part of Lot C Morse Island Park described as follows: Commencing at most southerly corner of Lot C, thence easterly to the southeast corner of Lot C; thence northerly along the easterly line of said lot to the southeasterly line of Lot 56, Morse Island Park extended, thence southwesterly on the southwesterly line of lot 56 extended a distance of 100 feet, thence northerly to the most northerly corner of Lot C, thence westerly along the northerly lot line of Lot C and southwesterly along the westerly lot line of Lot C to the most southerly corner of Lot C. CM "IMH-I --rnmwnwl IG7.IT7F,7.GF G7 :17c PAR7/R7./TR 01/20/2003 04:25 9529217257 CROMWELL PAGE 06 3 pages Letter from Orono to Big Island Owners; use of right of way - 01/20/2003 04:25 9529217257 CROMWELL PAGE 07 • .i Or 5.; , •''.1'• .-:. }p';,,•.. Y1 R •,:..11•x' • 11 V •••''' tt '.“• ;'lit.:*;' '.. S .! • � : r H ' . ' 51 •• ' Y.•u : , : Gx .M. . 1 :).‘;•..• • • 11, v y;1.4't: ::i1:d .f 1t : .a,- l6a}ii . .81thJ ati ii.ac 6' '' `'',.; . iii, ;,.., ' ' ; 10iiit • o • • 1.....,•'....••''''..“:: .t t .:1.; r, “:» • ...:64)";,,L ,.:,�6.' • • .• ...;:',..:41,...;•,,:•! i .nv:{Y • ..,IiJl�.+• ; e.1 • • lidtiL 1 y' .;+ . . . .. �• YS'1 .'�•l IAB t' n iii.,..!'..—..�i: � �.• "Y. r.,' l s d, �e `{, '•r a ii.: Mr6 f t the lii•sIOn ii:tt ,t `iii • ..• ., , ' .,` '♦ . . cr e. .,.,,.,":. '1,1!:i..,-,:.i",....,00,1$401'...:y11 :td.;r1. '.0t �0.441Q1 ' R6,y{101 . • .. ./.�,� ,!]�':�� ,-,.i;'':':i i::'"4;..10' 1:4".:1�4( i' �� .n�IQIWr• {,�'�y t . i �y�j ,°.:.: > 'Ir.�Hli'ii'`�i 1.•r aql' �,..H_ Ef -• . y(�������� 7'Hl�Atr Wyk tiiiii ]yy((1. ;',,. ,,':- 'ff•: HI[+ .i®the ''• Ati..i• v�. • aC • 4' ,f�• "VL � w6 titti OIu1BAlrel.11T 1 .. ti, •: :10406605):' it O l4 'i 'o�l d fi ht-61* t waS.minima o' iii'' ioi: • f ! i `:!'!I1 'tpP ' 1tt 'tttig " lit ° . ' .';'''.i.‘•:;.i l i�it i:0 4461)f i)bt to ks Will *kering. o . YOU-kW'i . ' ' i> r' thIlow d t ty'O es,r i i ev #6> • • '"eittioliiiiittliatiiiiiiiiiiiiiM 1' ee'of**. k.;il 4iilivitys. 1 would pi x 'direct yVi • Yi.S{1i 9 Y Fii* iiilich aiiowa/all i.i•.. {,t'j .wneL tl11 ,,. •' ::,` Vii: 'Siler. ' ' ce ivi IS littxi • i i .r'' ,.> ;,�e :bttt'dtt�,' 'hidl'ttde the �toa oyc ,b k' c* •`: f° i! Ete' . . .. • • : . • , : .. . 01/20/2003 04: 25 9529217257 CROMWELL PAGE 08 - . F. • • • • i� ' '� � •,.... ,y'i.;';. e'en--"..":-r, .- py • • me , . , : •• ye6� 0 • ggititthlt.. q' *t itti • � r . rt: •• • • ea' : : • • ,p :You ` ki `t• `yu ` `�:: i i ` . . a #51-249-4560if y .. :.: '` ;... :fit ' � � �� �.' . ' f ij i i+ d ,.,, ` : "e w. • . teWdJ ali , .� iJ •1.M,'11. 9 On �, ti ,' r•R!!N'9div. within. •, or � y�8� h i �.S tl S ' • • • Nti J . ±;. r • • ? � . ` • ' • • .''.,' • 01/20/2003 04:25 9529217257 CROMWELL PAGE 09 MINNESOTA STATUTES 2009 548.05 548.05 TREBLE DAMAGES FOR TRESPASS. Whoever shall carry away,use or destroy any wood, timber, lumber, hay, grass, or other personal property of another person,without lawful authority, shall be liable to the owner thereof for treble the amount of damages assessed therefor in an action to recover such damages.If upon trial, the defendant proves having probable cause to believe that such property was the defendant's own, or was owned by the person for whom the defendant acted,judgment shall be given for the actual damages only, and for costs. History: (9396)RL s 4268; 1986 c 444 • Copyright 11)2009 by the Revisor ur Statutes,Sty of Minnesota.All Rights Reservod. 01/20/2003 04:25 9529217257 CROMWELL PAGE 10 6 pages 10.31 code referenced in 2038 and letter to Elsie Family Intent for 2038 Dock Permit in 1986 for 230 by Tim Adams, Mayor and council 01/20/2003 04: 25 9529217257 CROMWELL PAGE 11 • • 430 N hunurse or TEN MIGULAR ORONO conecIL MMITUIG AUGUST'25, 191114 t1O61 cook =PU Larry Cook was present and anbmitted the otter of approval from the Butterfiel.d's. Acting Mayor Adams stated that he Was comfortable With the Planning Commission rect. A . ation subject to applicant being put on notice the, + • is only allowed a maximum of three horses on the < * r -rty. • Councilmember Frahm asked r„plicant if he proposed a riding ring. Be also n ed that a conditional use pmt is required for training done. Mr. Cook stated that . e planned to have a riding ring - which ing .which would be 1 . - ted approximately 50' from the property line. cilntemb.r rate questioned whether the original pr' •..sal of ; from the semi-commercial use property wool• be e appropriate in order to maintain more die . . f •.:, the strictly residential area. Mr. Coo.. n• • ed that there is also a natural screening of matur . tree .. ,• ... ween his property and the Butterfield pro, • y. I was moved by C. . .ci lmember Grabek, seconded by Acting. ayor Adams, to a� !t Resolution $2037 approving a variance to construct barn 50' from the property line (per Planning Corm asi recommendation) subject to a 3 horse limit. Motion, A • 4, Mays 0. MAYOR'S 4 ' ' w : There vas no report from the Ma . , . CABLE TW 's % '• Acting Mayor Adams stated the at ` 'e last Cable TV meeting the budget was approved notin: the philosophy in which Cable 'PV budgets their monies. •et also noted that approximately 1/3 of the households n Orono are being hooked up to Cable TV. CTTT ADMIXIS Ali TOIV a !: DWI MOM alvilammit saamm-orsigar SM.IMMO RMSOI A1t* $2C31 City Administrator Bernhardson explained the request for a dock permit on a parcel of land (an interior lot) that has had a dock on the City right-of-way for the past many years which is currently undergoing a change of • ownership. Since the City does require a permit to allow them to have a dock on City right-of-way, staff • 7 01/20/2003 04: 25 9529217257 CROMWELL PAGE 12 P)0 151,3 [SUNC- MIKES of TOE REGULAR 0R0NO COUNCIL MEETING HELD AUGUST 25, 1986 •DUCE PERMIT CONTINUED recommends that this be permitted subject to the owner being liable to any use related, that the dock be maintained appropriately, and effective until Such time as there are other requests from other inland properties requesting a dock at the same location. It was moved by Acting Mayor Adams , seconded by Councilmember Grabek, to adopt Resolution 12038 approving a dock permit on a platted unimproved right- of-way known as Bay Place on Big Island to serve Lots 19 and 20, P.I.D No. 23-117-23 23 0033, until such time as there are other requests from other inland properties requesting the installation of a dock at this location. Motion, Ayes 4, Ways 0. BI- ELAND BOARD Or GoVISRMORS City Administrator Bernhardson explained t the Big Island Board of Governors made a letter re st in early August to be put on the agenda, in which off responded by letter requesting that they conte staff ahead of time to no avail. Present for this matter weres D. ld A. Miller, Stuart Gorney, Alan Wiedorf, Joe B . us, and Lance Bartlett. Don ' 11er explained that a Chairman of the Board of Trust - - s, Leonard Car on, has been out of town therefo was unable o respond to staff's letter. As former c, airman of he Board and friend, Mr. Miller was asked to .eeak o + •eha l f of Chairman Carlton and the Board of Gover •rs Mr. Miller rev the process that was undertaken in order for th .• vets o retain possession of the Vets camp. He e •. pined th areas of concern while trying to rebuild t . camp notin . that most of these problems existed •r many years • for to possession of the proper , less than a y r ago, . by the Board of Dover ' • e. 1 City has issued 3 citat •ns for the storage of ish houses on the island, ..ting that the fish houses have been stored on the .- and previous years and this is the first year the • - rd of Governors has had any control. He stated t :t the issue is now tied up in the court system betwe the city and the owner of fish houses and the Boar. of Governors is caught in the middle of the issue. 6 • . fAFe�l • CITY of OI4ONO � `1r; Past Office Box 66•Crystal Bay. Minnesota B5323•Municipal Offices • • On the North Shore of Lake Minnetonka 15 , 3.983 Re6-83 f 5 -(Z- ir5 • Record Lot #65 Ctt577,1'P_" e' T1-is Record Lot consists of tax . 6942 1^.'. Olive #39 parcel (S) as follows : Peoria, Arizona 85345 �3_ //7-23 32 00/6 ,',23 -117- 23 3 2 00/7 Approximate lot area is . g.0 acre. 1ic.a)' Island Landowner : The purpose of this letter, is to privide you with information regarding >,• +.e. ,:ac?eitt zoning changes on Big Is:!_and and what this means for your Tht: :i. ',i RS :leasonal, Recreational zoning regulations were established 14y I;iry Council adoption of Ordinance No . 246 on 'December 30 , 1982. l previous zoning ordinance required two acres or more for any property • b;: built v;r. The: new ordinance increased this minimum lot size to five acres for creating new building sites , but it also "grandfathered" sasonal building rights for all 'existing lots having a cabin, and for vacant lots in common ownership that exceed one-half acre in area . • Your property is one of seven vacant Record Lots that is •less than one- half acre in area . Because of this small size , the City Council has LetIr.mined that your lot is not automatically buildable without sewer F.v:,ilnbl.e , and would need to go through the formal application and revie'cr p';: 0, r-.f,,s to determine whether a variance might be granted or not . This ' is exactly the same status and procedure necessary under the previous ordi..ance . The new zoning regulations have thus not affected the buildability of your property in any way . '):t c nc.! ordinance does , however , specify that one-family seasonal rec;aeat iolr..1l use of your land withou ':. a cabin is now a permitted use . This mt;`sns you may camp overnight . build a barbeque pit , an outhouse , ..,r a :=r?t 1LJ, screen house or st_oragi. L,ailding to facilitate .temporary use ...1' t1.0 Land . Th'e ordinance also provides that if your lot is sold ;.lr,.6 ,fo1: ‘c:ombined with other similar small lots so that the resulting lot excccds one-half acre , that it may then be large enough to be used cur: a seasonal cabin . 'All. constructi.on of any kind remains subject to building permits and other regulations . • Please review the Record Lot information shown above and notify the City if there is a problem or if there should be a change . BUILDING& CONINC•- x73.7357 • �,1)MINISTRATION&FINANCE-473.7356 RK • PUBLIC WOover.7359 SSls uaC T "=1k-i-1 -11!ML4f1Nl 1 q7.1 T7.S7.GS G7.:w3 F:17IG17/fl7/tA Island Landowners • February 15 , 1983 Page . 2 • • A summary of the ordinance is 2ttached . If you are interested , a complete text of the ordinance is also available far .a nominal charge of $3 . 00 to defer printing and mailing costs . On behalf of the City Council and Planning Commission, I want to take this opportunity to thank each and everyone of you WILO•se into: cst », participation this past year has helped so much in the completion of this planning process . I have certainly enjoyed meeting all of yon, and learning so much about your island , Sincerely , • • • lan P . Olson City Planner • bT gC1H.-I 171-qMWf> l IG7.IT7.R7.gR Q7 :VPI PRR7./R7./TR § 1 0.31. E. Permit Exceptions.No permit shall be required for any person to walk on • or over any platted public right-of-way or any platted public park when such use is made without altering the natural state of the land.No permit shall be required for any person whose property ale e a platted public right-of-way or a platted public park to control weeds or brush, seed, sod, mow 31. otherwise maintain said right-of-way or park in a neat and presentable manner.Persons whose d. lot established by Subdivision 6 consists of tax parcels divided by platted, .uiopened publie right-of-way may incorporate and use such right-of-way as part of their yard without a permit, provided no permanent structures are erected or maintained within the right-of-way. F. Public Use Limited. Any permit issued under this Subdivision shall be deemed to open the platted public right-of-way only to the extent necessary as established in the permit, and for the limited use of the permittee and his invitees. G.Permit Limitations. A permit issued under this Subdivision shall not grant or vest any property rights to use of the public right-of-way or other public property, or in any improvements made thereto. Permits issued under this Subdivision shall be valid for one year, shall be subject to change, alteration or revocation for cause by the Council at any time, and shall be automatically renewable on the anniversary of the date of issuance except upon written notice from the City to the permittee at least thirty days prior to the anniversary date. H. Hold Harmless. As a condition of issuance of any permit, the applicace: shall in writing release, indemnify and hold harmless the City from any and all claims or ciu1.1s > of action arising out of the use or alteration of the platted right-of-way by applicant or his invitees. I.Permit Hearing and Notice. The Planning Commission or the Council shall hold a public hearing or hearings on each application for a permit. Notice of the public hearing shall be given not less than ten days or more than thirty days prior to the date of the hearing by publication in the legal newspaper for the City. Such notice shall contain the description of the land and the proposed use. At least ten days before the hearing, the City Clerk shall mail an identical notice to the applicant and to each of the property owners within 350 feet of the outside boundaries of the land in question. Failure of the property owners to receive notice shall not invalidate the proceedings. At the public hearing,the Planning Commission or the Council shall review the application and the statements and drawings submitted therewith and shall receive pertinent evidence concerning the proposed use and the proposed conditions under which it would be operated or maintained. Subd. 6. Lot Area Requirements. Within any "RS" Seasonal Recreational District, no new lot or parcel shall be created less than 5,0 acres in dry buildable lot area exclusive of any designated wetlands. Within any R5 Seasonal Recreational District,the following provisions shall govern the buildability,use and/or subdivision of each existing record lot as defined and identified therein: ORONO CC 313 (4-1-84) QT qnrm -1-Rmwnxn LS7LT76Z56 5Z:b0 E00Z/0Z/10 § 10.31 approved subdivisions pursuant to Subparagraph C of this Subdivision, or by combination of two • or more complete record lots listed hereinafter. B. Tax Parcel Combination Required.No new building permit, variance or conditional use permit shall be issued for any purpose on any record lot composed of two or more tax parcels unless or until the owner of such record lot shall apply for a formal combination of all commonly-owned property into one parcel. If contiguous, all property shall be combined into one tax parcel. If separated by public right-of-way,a special lot combination form shall be executed and filed in the chain of title of each separate parcel. C. Subdivision of Record Lots.All record lots established in this Subdivision shall be continued in common ownership and shall not be subdivided, sold in parts,reduced in area, leased or otherwise separated without application for and Council approval of a "subdivision" in accordance with the Subdivision Regulations Chapter. Such subdivisions will normally be approved and additional new record lots created only if all resulting lots are each 5.0 acres of dry-buildable lot area or more.No existing record lot shall be divided or reduced in area to less than 5.0 acres of dry-buildable lot area, except as follows: 1. Lot line rearrangements between abutting properties that do not create an additional building site will normally be approved. 2. Separation of platted lots divided by public rights-of-way may be approved provided the separated lot is combined with other abutting property to enlarge said property without necessarily creating an additional substandard building site. D. Subdividable Record Lot Inventory. The following record lots are hereby established, each of which is determined to have a dry-buildable lot area in excess of 10.0 acres per owner. Therefore, each of the following record lots may be subdivided into two or more lots in conformance with the minimum lot area requirements of this Subdivision subject to subdivision application and approval pursuant to Subparagraph C of this Subdivision and to the Subdivision Regulations Chapter. Record lots are identified by Record Lot Number, and each includes all property identified thereafter by the listed tax parcel property identification numbers: Record Ta.xParcels in Combined r p Location Common Ownership pry Acreage 1) Big Island 14-117-23 34 0001 23-117-23 21 0001 23-117-23 22 0001 44.5 ORONO CC 315 (4-1-84)- qT 'anH.-I 111MWnx) LSZLTZEZ56 5Z:b0 E00Z/0Z/Z0 01/20/2003 04: 25 9529217257 CROMWELL PAGE 17 7 pages LMCD relevant ordinance Approximate diagrams not,feasible for two docks or two boats and one dock Please refer to Jud's video and submissions as well • 01/20/2003 04:25 9529217257 CROMWELL PAGE 18 The authorized dock use area includes the area on, under, and over the surface of the Lake. Subd. 3. Setback Adjustments and Common Use of Adjacent Dock Use Areas. Two or more adjoining site owners may by mutual agreement adjust the side setback requirements between such adjoining sites or may use their combined authorized dock use areas for a single common dock or mooring area subject to the following conditions: a) Adjustment of side setback requirements is permitted subject to the folbwing limitations: 1) adjustment is only permitted: a) between or among owners of two or more non-commercial docks for the private non-commercial use of the site owners; or b) between an owner of a municipal dock and an owner of a multiple dock. 2) owners must observe side setbacks at the outer site lines of such adjoining sites. 3) setbacks may not be adjusted if the effect is to increase the authorized dock use area of a site used for a structure or for watercraft storage which is not in compliance with the current provision of section 2.05. 4) separation between docks on such adjacent sites must be no less than the following: FOR THE PORTION OF THE LENGTH OF THE DOCK WHICH EXTENDS FROM THE THE MINIMUM SEPARATION SHORE zero to 50 feet 20 feet 50 to 100 feet 30 feet 100 to 200 feet 40 feet b) Use of one or more sites for a single common dock or mooring area is permitted subject to the following limitations: 1) combination is only permitted between or among owners of two or more non-commercial docks for The private non-commercial use of the site owners. 2) only one dock structure may be constructed on the combined dock use areas. 3) no more restricted watercraft may be stored by any owner of a combined dock facility than would be permitted at that owner's site. LMCD Code of Ordinances -20- Revised 06-28-2017 01/20/2003 04: 25 9529217257 CROMWELL PAGE 19 Section 2.02. Shoreline Requirements. Subd. 1. General Rule. No docks or mooring areas shall be constructed, established or maintained that provide space for or are used for mooring or docking a greater number of restricted watercraft than one for each 50 feet of continuous shoreline in existence on May 3, 1978, unless authorized to do so by special density license pursuant to Section 2.05. For sites with continuous shoreline greater than 100 feet, when measurements determining the number of restricted watercraft allowed result in the provision of a fractional restricted watercraft, any fraction up to and including one-half (1/2) shall be disregarded, and fractions over one-half(1/2) shall be counted as one additional restricted watercraft. Subd. 2. Special Rule for Sites in Existence on August 30, 1978. Unless a greater number is authorized by the provisions of Subd. 1 above, up to two restricted watercraft may be moored or docked at any dock or mooring facility that is located on a site (as defined in Section 1.02) that was in existence on August 30, 1978. Subd. 3. Additional Watercraft Allowance in Certain Cases. Unless a greater number is authorized by the provisions of Subd. 1 above, up to four restricted watercraft may be moored or docked at a dock or mooring area located on any site (as defined in Section 1.02) provided that all of the following conditions are met: a) There must be one, and no more than one, single family residential structure on the site, If there is no residential structure on a site, any one off-lake lot, parcel or other piece of property that 1) is legally subdivided and recorded in the office of the County Recorder; 2) adjoins the site or is separated from the site only by a public right-of-way; 3) is under common ownership and unified use with the site; and 4) is occupied by one single family residential structure, may be designated to be a part of one site by the owner, for purposes of this paragraph. b) The dockage rights at the site are owned exclusively by the owners of the lot parcel or other piece of property on which the residential structure referred to in paragraph a) is located. c) All of the restricted watercraft moored or docked at a dock or mooring at the site must be owned by and registered to persons who live in the one residential structure referred to in paragraph a). LMCD Code of Ordinances -29- Revised 06-28-2017 01/20/2003 04:25 9529217257 CROMWELL PAGE 20 c) Side setbacks and dock use areas between two or more adjoining sites may be adjusted by mutual consent of the site owners subject to the following conditions: 1) adjustment is only permitted: a) between or among owners of two or more non-commercial docks for the private non-commercial use of the site owners: or b) between an owner of a municipal dock and an owner of a private non-commercial dock. 2) owners must observe side setbacks at the outer site lines of such adjoining sites. 3) consent to the adjustment is revocable by any party to the agreement at any time. In any case in which any structure in the dock use areas of any of the adjacent sites requires a license under this Code, each annual license application must include a written consent of the owners of all affected sites, 4) no more watercraft may be stored at the adjacent sites affected by the adjustment than the sum of the number of watercraft which would be allowed at each site if there were no such adjustment. d) Notwithstanding anything to the contrary in this Code, the Board may approve, as part of a new multiple dock license, adjustments to side setbacks and dock use areas between a commercial multiple dock site and one or more adjoining residential (noncommercial) sites that are under common ownership as follows: 1) adjustments to the side setbacks may be allowed if all of the following conditions are met: (a) side setbacks at the outer site lines of such adjoining sites are maintained: (b) the residential site may maintain dockage and watercraft density as allowed by the Code; however, no more watercraft may be stored at the commercial multiple dock or at the adjacent residential site as a result of the adjustment that is otherwise allowed by the Code; (c) the property ownership is verified and the setback adjustment is indicated on each license application submittal; and (d) if the ownership of the properties change so that they are no longer under common ownership, the dock use area must be reconfigured to meet the setbacks as otherwise indicated in section 201. 2) shoreline measurement, for the purpose of calculating watercraft density, may be transferred from an adjoining residential (noncommercial) site to a commercial multiple dock site if all of the following conditions are met: (a) dock structures, watercraft, or similar may extend up to, but not across, the extended property line between the different properties; LMCD Code of Ordinances -21- Revised 06-28-2017 01/20/2003 04: 25 9529217257 CROMWELL PAGE 21 3110 21 Property Intereotwe Map I Hennepin County • Interactive — — — • '— _._) Maps :-.. - .. ... .. .,, �, i..,qre„u 11111 Pro,l 1-14;10 Tag;on m}dreSD or a P'ooeey ID'POI So r 11-help r;' `CSF>;.d` :.: "aKct•• .t1ra,:.t.,� �. .�. fir' . 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'C' +r" e e •-„ :.,. ° <• • ?,: Results not DSC m ul o ''ee 1 81 B yy +i, . ......„...,..,... ,, ,..0:4!,:l...„!..:,,, 1 11+ �t N 1• �h", .'IY h r i.' �, ..I.,:•..' �. � { ,, \ fl .t s t. ,� 1 ',: i J� ',I� t' �• yi;I' •v1F:;•: :.e,.p•t ti,V :; ,i.k: ;4:11. ;::i J ^..; , r n,k rr i y it?..:, ,r I +,Ns • s%.' . ;•:'1 '.L)]i i .,,:'r.•.•,: :'„';; Date Application Received:02/10/2021 Date Application Considered as Complete:02/16/2021 IcLO/,j O 60-Day Review Period Expires: 04/17/2021 ` r To: Chair Ressler and Planning Commission Members �, A* Ron Olson, Interim City Administrator y� `4kES H OR' From: Melanie Curtis, Planner VlIGG Date: 15 March 2021 Subject: #LA21-000018, Glenn Solie, 3500 Bayside Rd, CUP Public Hearing Application Summary: The applicant is requesting a conditional use permit to install a full bathroom, including shower, in a new accessory garage building. Staff Recommendation: Planning Department Staff recommends approval. Background The applicant wishes to install full bathroom facilities in a proposed 2,240 square foot detached garage.A conditional use permit is required due to the proposed shower.As the building is considered oversized, additional covenants will be applied. Applicable Regulations: Plumbing in the Accessory Building CUP (Section 78-418(6)) The proposed building is permitted.The applicant's request to install a bathroom with full bathing facilities requires a CUP. The building is a conforming size, and proposed in a conforming location. Conditional Use Permit(Section 78-916) The Planning Commission may recommend and the Council may grant a Conditional Use Permit (CUP) as the use permit was applied for or in modified form. On the basis of the application and the evidence submitted, the city must find that the proposed use at the proposed location is or will be: 1) Consistent with the community management plan;The proposed use is residential in nature and residential use is consistent with the CMP guiding for this neighborhood. 2) Compliant with the zoning code, including any conditions imposed on specific uses as required by article V, division 3 of the City Code; The proposed accessory building improvement including the plumbing fixtures are compliant with the zoning ordinance. 3) Adequately served by police,fire, roads, and stormwater management;The proposed use will be adequately served by existing services and facilities. 4) Provided with an adequate water supply and sewage disposal system; The property is served by a private septic system and private well.This criterion is met. 5) Not expected to generate excessive demand for public services at public cost; This criterion is met. FILE#LA20-000059 19 Oct 2020 Page 2 of 3 6) Compatible with the surrounding area as the area is used both presently and as it is planned to be used in the future; The proposed building is residential in character and its use is expected to be compatible with the surrounding area. 7) Consistent with the character of the surrounding area, unless a change of character is called for in the community management plan; The garage including plumbing is residential in visual character and is expected to be compatible with the house on the property and the surrounding area. 8) Compatible with the character of buildings and site improvements in the surrounding area, unless a change of character is called for in the community management plan; The architectural styling of the proposed building is expected to be residential- looking in character and consistent with that of the principal structure on the Property. 9) Not expected to substantially impair the use and enjoyment of the property in the area or have a materially adverse impact on the property values in the area when compared to the impairment or impact of generally permitted uses; The use of the building which includes plumbing is not expected to have any adverse impacts. No information has been presented to indicate such. 10) Provided with screening and buffering adequate to mitigate undesirable views and activities likely to disturb surrounding uses; The garage will be situated in a conforming location and will not be visible when viewed from off the Property on the street side,and the views from the neighbors will be screened by existing vegetation and the physical separation. In the opinion of staff,additional screening or buffering is not necessary. 11) Not create a nuisance which generates smoke, noise,glare,vibration,odors,fumes, dust, electrical interference,general unsightliness, or other means; The proposed building with plumbing is not expected to cause any of these undesirable impacts. 12) Not cause excessive non-residential traffic on residential streets, parking needs that cause a demonstrable inconvenience to adjoining properties,traffic congestion, or unsafe access; It is anticipated that the proposed building will not generate any of these undesirable issues. 13) Designed to take into account the natural,scenic, and historic features of the area and to minimize environmental impact; The proposed building has been visually designed to conform to the residence on the property,and will not have a negative environmental impact. 14) All exterior lighting shall be so directed so as not to cast glare toward or onto the public right-of-way or neighboring residential uses or districts; Applicants are hereby advised of this requirement;and 15) Not detrimental to the public health, public safety, or general welfare.This criterion is met. A CUP may be granted subject to such conditions as the Council may prescribe. Further approval shall be granted only when the following criteria are met: 1. The council finds that the proposed use of the accessory building with a shower will not be detrimental to the residential character of the neighborhood. 2. The council finds that the plumbing fixtures proposed are in keeping with the applicants' intended use of the accessory building. FILE#LA20-000059 19 Oct 2020 Page 3 of 3 3. The property owner agrees to the filing of a covenant in the title of the property providing that the accessory building will not be: a. Used for a home occupation unless specifically approved by the city or if allowed by this Code. b. Used as a dwelling unless a guest house conditional use permit is obtained. c. Rented, leased or otherwise provided for use as a dwelling under any circumstances. Additionally, a CUP shall remain in effect as long as the conditions imposed by the City Council are observed, but nothing in this section shall prevent the city from enacting or amending official controls to change the status of conditional uses. Public Comments To date, no public comments have been received. Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner as allowed by the Zoning Code? 2. Does the Planning Commission find that the approval, if granted, will not alter the essential character of the neighborhood? 3. Are there any other issues or concerns with this application? Planning Staff Recommendation Staff recommends approval conditioned upon the property owners'agreement to the filing of a covenant in the title of the property addressing the plumbing, providing that the garage will not be: 1. Used for a home occupation unless specifically approved by the city or if allowed by this Code. 2. Used as a dwelling unless a guest house conditional use permit is obtained. 3. Rented, leased or otherwise provided for use as a dwelling under any circumstances. List of Exhibits Exhibit A. Application & Narrative Exhibit B. Proposed Survey Exhibit C. Proposed Plans and Elevations Exhibit D. Property Owners List Exhibit E. Plat Map Land Use Application Summary Application Date: 02/10/2021 Address: 3500 Bayside RD Orono, MN 55356 Parcel Number: 0511723130015 Land Use Number: LA21-000018 Application Submitted By: Property Owner Owner: Name: GLENN SOLIE&NANCY SOLIE Address: 3500 BAYSIDE RD LONG LAKE,MN 55356 Applicant: Name: Glenn Solie Company: Address: 3500 Bayside Rd Long Lake, MN 55356 glenn@soliefamily.net Contact Information: Associated Contact: Associated Contact: Associated Contact: Associated Contact: Project Description: Accessory Garage Reference#RAS20-000088 -CUP for plumbing(Sink, Toilet and Shower) 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: Narrative for CUP Request 3500 Bayside Rd City of Orono, We are currently in the process of building an Accessory Garage and gained approval from the City of Orono for initial design back on 12/07/20. Up front we were focused on overall footprint and height to achieve enough room for Mezzanine level; however,we were never sure how we would leverage the mezzanine space if approved (it was approved). COVID has shifted our way of thinking over time since we can no longer depend on businesses being open whether that be restaurants,stores,or fitness centers. Our overall goal is to become more self- contained. The Accessory Garage helps to achieve this goal in many ways as it relates to additional storage,food,supplies, and fitness (health and well-being). We had always envisioned having a bathroom with sink and toilet which is included in the Mortgage Holder Consent to Declaration of Restricted Covenant (we were in the process of getting our Consents from Chase and American Home Mortgage); however, our recent decision to add a shower now requires a CUP. Our decision to add the shower became clear as we started to discuss our lifestyle and daily schedule of our family. Having 4 daughters we often get up early to workout. Historically we would go to club, workout,shower, and head to work. Having both the Mezzanine level fitness area and shower will now allow us to leverage our Accessory Garage in the same fashion. Wake up,go down to garage,workout, shower, and head to work without disturbing our family. It is also over 100ft from new Accessory Garage to front entry door of our home so getting bundled up after a workout, hiking back up to house in the bitter cold just to take everything off and shower does not sound very appealing. Especially in the dead of winter. Our daughters are also at an age where they like to work out. The garage shower will also be a great place to wash our dog(groomers were also shut down during COVID)and more importantly clean up after working on cars,woodworking, etc. rather than dragging dirt and grime up to our home. Use of Accessory Garage • 1/2 main level will be used of sport court (basketball,volleyball, etc.) and kid activities. • 1/2 main level will be used for storage/cars, workshop, bathroom, and bar/shelving area (refrigerator for overflow from our home, refreshments, etc.). • Mezzanine Level will be used for fitness area and kids'games (ping pong table,foosball,video games, etc.) Lastly,we have no desire or plans to utilize our Accessory Garage as any kind of temporary or permanent overnight housing,for rent or otherwise. As always please do not hesitate to call if you have questions. Regards, Glenn and Nancy Solie CERTIFICATE OF SURVEY FOR S6y2g.g6•E �,,, _ - 7----------------- --A ?Exhibit B WITH 118 Ca. GLENN SOLIE I OF LOTS 24 AND 25, AUD. SUB" NO. 203 I HENNEPIN COUNTY, MINNESOTA LOT 35 ILOT 34 -41---1- - I I r7 1 LOT 33 LOT 34 $i I g 1 WEST LIE Or I.vs-- ga rF1,-Y, 1 i --N 89°56'42" E I 165.24--., ,,,,o,.247 j L / I \ I ,--589.20'08"E 195.24 /7 I T \ I / i \ \\1 1 / / ' 1 1 wn I / 1 o I tze d&�.L',,iw.,- / / I aKa,auvm. ) / III 1 _-- \r._—_.�18.23--k-____...._-1__. 1 I / \ 1.\ \\ \\\ \ I ,Ar, Itas 58- o\ \\ 6 0\ ,,- ,1,,,,,N\81_1 $',,,o__-$.:: � p'c't. '\I }b _ '�� . y PROPOSED � � min` �.` IE �GARAGE �E(.,' -_-__ ,am 1 is 3y ", \\}.rb:\\i _ 1 2� - `� -j 1 . 'A //' / � � , . _� _ n ; a,,, as A a l ',r �•, DRIVEWAY - "9 I ''"Tuna 1 1�1 - - DRIVEWAY Yr E II I g // ,i, 1 I iitaret ' j// 1 / w . po+2 I 110,1 1 120 / I r ,�'� 0 30 60 }4, I EXISTING sfi 1 «tw«I«r .�� /I"t ,w i. n.82800 HOUSE E 1111'ti i'"II i SCALE IN FEET a,e I r er i ° a 1-e I 1 I\\"\�_ R�.'j` 4:,4,..,...., c� u,,.. . 1 aT / 6 pyo 'w3'II 1 Li I 1 i� 0 tp.„ 1 1 ..1 N`a see- 1- n/ / '�x 1 \�,�' 1 .. 'II. row b,e 11 I b'''" fin. I 41 1 i I I YY°°,. / LEGAL DESCRIPTION OF PREMISES: - I 1.:r). �'.' I .w. \ \\I\, .: I„ I 1 If I Lots 24 and 25,Auditor's Subdivision Number 203 I ! � ` 'A \\ ‘,„_..es,”" I 1 The legalEast description s surveyed is follows.6fee _I / \\\,4*..,". , .. ". The Emt 15, feet of the West 606.66 feet f that part of the al Meridian Quarter - .seri (c) \ / / ''' /Section 5, ftheTownship the North.Range 23 We sl f the 5th Principal Meridian hick �y.Nei lies northerly f then therly said of-way line ar Bayside;ALRoad dsoutherly of 'NA�,` ~- "°`flr.1 \....,..„."as.........--/ 1i I 1 the northerly f the 9 feet f d Northeast Quarter; Qu,that hart f the East '� a ` /i/ i / f the feet f the West 606.66 feet f said Rad and Ouster which lies Minnetonka. we_ vy 1 yam 1 / of the southerly right-of-way line of Bayside Road and northerly of Lake Minnetonka. �l\`--S----,-..''''' \ \\4 ��� ( NOTE:Because of the lack f dimensions on the plat of Auditor's Subdivision No.203, e .t_ ��\ D.� ` _ 1/1,r and because the underlying legal descriptions re of pacific to direction,the above A� \� \ .a L/ legal descption shows hat the n possibly owns.rThree different abstracts rMW �. \\� examined without a clear•lution oto the problem.Therefore,some type of judicial re ,-- garO ,I I -• , �.moi I ]a. _ori proceedings moy be required to firmly establish boundaries. 1 CO N '.2' \l . ..1-ws(e /.i o' denotes iron marker found \\ \`�� `i _a,. --- O: denotes Judicial Landmork found '\`\�� YSIDg NO $¢ --- -; -arR0AD "'Oago Ao} !I (909.3): denotes existing spot elevation,mea sea level datum \\"'=�``1� s= -_=--° � ' I 6 um: denotes proposed spot elevation,moon sea level datum -' lf'.(o1jolq -4.1____\ --91l denotes existing contour line.mean sea leve datum LAKE _-_._..,__ DM denotes proposed contour fine,mean sea level datum LAKE --\` , : denotes existing tree to be removed 25 Bearings shown are based upon an assumed datum. M I N N E T O N K A \, This survey intends to show the boundaries of the above describetl property,and the ,1�,aa.s}Sn w..,:s,.a location of an existing house,spot elevations,topography,and M visible hardcover", rxus ux.ss)) and the proposed a location of a proposed addition,driveway and grades thereon.It STUBBS BAY \\\ does not purport to slow any other improvements or encroachments. rx,.... aerafgyt9at DW..or under m•e � rapt PROJECT GRONBERG & ASSOCIATES, INC. ,pem•ww,, cw< ws rmu she Iwas B'I sea 644 U reet0.Lmd Sampan under the 2-28-1] CIVIL ENGINNERS,LAND SURVEYORS,LAND PLANNERS r / ,tgs• 445 NORTH wLLOW ORNE LONG LAKE,AN 55356 •`�4,/W 952-4)3-4141 4 S.Seeders Minnesota Llclne Number 12755 2a-NS g 10 y 1331-ISI X�/ X L0403,1.21391,111N NOI930 9L6ILl0UelwnNasuaO1 opwluo0 119-Ij.1 , „0-,9GO-I(]G✓ ,,0-,0-17 wass6uipiingw0=wx. ,N011.11210530 owning 929E-58P02f>,Ei 9Z1b-OLL-008 VBZ-9POZE •O (s2mpllg030Z/0 MI- 31-V0 (Z06-0E),N3911f1N1031.021.1 suss ewseu!w peuu!M I IT` • 099=013'o'd9AW3z13' - NMvvd 3l^OJNNT10 ,31NVN 1031.021.1 an,q lePloPul Z69 3 In c °1 U mm3 a+ c a o W zz w to L _t ?i o / - c N U U 0 ZW N O 63 O N Smo c p 0 j O C9 O CO C9 Q1_O m `"3 �¢Z N N W N N I I o R�t'i z I o3�= J o •J I 3z O I 'i..%q J> w a I i -a- sl \ I.ra Na}� to , m I ow m m I 3 e a.w o wWzo 1—¢—I I u,_ >O � -a_"Z 0 N o I O=¢oma L<J I N3 Qo © I I -, Qa ,< I ® s ` ',,,,\ z -o w I \ a2 z:iz b o� xo "o I I \ / W I a •o aw \ \ I 'a m m? >I �0I \\\ // of o, \/ I - m IC) o MI � I / \ a o N m I N �w / 1 6 11 N r. 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I n8/5 L L-,Z3 ` RUN DATE:02/16/2021 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM(PROPERTY OWNERS LIST) PAGE:1 38 05-117-23 12 0010 38 05-117-23 13 0017 38 05-117-23 13 0044 SUSAN RALLS TRUSTEE KYLE FAMILY LTD PTNRSHP T E RADKE&M A RADKE 3580 BAYSIDE RD 3560 BAYSIDE RD 3424 EASTLAKE ST ORONO MN 55356 ORONO MN 55356 ORONO MN 55356 TRUSTEE RICHARD&KATHLEEN A KYLE THOMAS E&MARGARET A RADKE 3580 BAYSIDE RD 1140 TONKAWA RD 3424 EASTLAKE ST LONG LAKE MN 55356 LONG LAKE MN 55356 LONG LAKE MN 55356 38 05-117-23 12 0012 38 05-117-23 13 0021 38 05-117-23 13 0045 ELLIOT L DIETZ GLENN SOLIE&NANCY SOLIE LYNN W WALSTEDT 185 BEDERWOOD DR 38 ADDRESS UNASSIGNED 38 ADDRESS UNASSIGNED ORONO MN 55356 ORONO MN 00000 ORONO MN 00000 ELLIOT L DIETZ GLENN SOLIE&NANCY SOLIE LYNN W WALSTEDT 185 BEDERWOOD DR 3500 BAYSIDE RD 3470 BAYSIDE ROAD ORONO MN 55356 LONG LAKE MN 55356 LONG LAKE MN 55356 38 05-117-23 12 0015 38 05-117-23 13 0028 38 05-117-23 13 0046 STATE OF MINN M JAMIESON&N JAMIESON JEANNE M BRAUN TRUST 38 ADDRESS UNASSIGNED 295 TONKA AVE 38 ADDRESS UNASSIGNED ORONO MN 00000 ORONO MN 55356 ORONO MN 00000 DNR REAL ESTATE MGMT MICHAEL JAMIESON JEANNE M BRAUN ATTN DEBBIE GURTIN NATALIE JAMIESON 14342 HARBOUR LANDINGS DR 500 LAFAYETTE RD 295 TONKA AVE UNIT C ST PAUL MN 55155 LONG LAKE MN 55356 FT MYERS FL 33908 38 05-117-23 12 0016 38 05-117-23 13 0029 38 05-117-23 13 0047 STATE OF MINN BARBARA J HUBER KYLE FAMILY LTD PTNRSHP 38 ADDRESS UNASSIGNED 38 ADDRESS UNASSIGNED 38 ADDRESS UNASSIGNED ORONO MN 00000 ORONO MN 00000 ORONO MN 00000 DNR REAL ESTATE MGMT BARBARA J HUBER R KYLE&K A KYLE ATTN DEBBIE GURTIN 3390 BAYSIDE RD 1140 TONKAWA RD 500 LAFAYETTE RD LONG LAKE MN 55356 LONG LAKE MN 55356 ST PAUL MN 55155 38 05-117-23 12 0017 38 05-117-23 13 0030 38 05-117-23 13 0048 LSF9 MASTER PARTICIPATION TR DANA S BRUMITT SUSAN BALLS TRUSTEE 3415 HIGH LA 3400 BAYSIDE RD 38 ADDRESS UNASSIGNED ORONO MN 55356 ORONO MN 55356 ORONO MN 00000 US BANK TRUST DANA S BRUMITT SKR TRUSTEE C/O HUDSON HOMES MGMT LLC 3400 BAYSIDE RD 3580 BAYSIDE RD 3701 REGENT BLVD STE 200 LONG LAKE MN 55356 ORONO MN 55356 IRVING TX 75063 38 05-117-23 12 0028 38 05-117-23 13 0037 38 05-117-23 13 0050 ALISHAH S AZAD DIANE M PEREZ B W HENNING&R L HENNING 200 BEDERWOOD DR 3465 EASTLAKE ST 245 TONKA AVE ORONO MN 55356 ORONO MN 55356 ORONO MN 55356 ALISHAH S AZAD DIANE M PEREZ BRIAN W HENNING 200 BEDERWOOD DR P 0 BOX 106 REBECCA L HENNING LONG LAKE MN 55356 LONG LAKE MN 55356 245 TONKA AVE LONG LAKE MN 55356 38 05-117-23 13 0012 38 05-117-23 13 0039 38 05-117-23 13 0051 C P FLURY&M B FLURY TAMMARA L MADDREY MARTHA S TOFTELAND 3420 BAYSIDE RD 3435 EASTLAKE ST 225 TONKA AVE ORONO MN 55356 ORONO MN 55356 ORONO MN 55356 CHRISTOPHER P FLURY TAMMARA L MADDREY MARTHA TOFTELAND MARGARET B FLURY 330 PEAVEY RD 225 TONKA AVE 3420 BAYSIDE RD WAYZATA MN 55391 LONG LAKE MN 55356 LONG LAKE MN 55356 38 05-117-23 13 0014 38 05-117-23 13 0041 38 05-117-23 13 0052 LYNN W WALSTEDT JO ANNE POOLE BARTLETT JACQUELINE PAIGE LEFF 3470 BAYSIDE RD 3568 BAYSIDE RD 3415 EASTLAKE ST ORONO MN 55356 ORONO MN 55356 ORONO MN 55356 LYNN W WALSTEDT JO ANNE POOLE BARTLETT JACQUELINE PAIGE LEFF 3470 BAYSIDE RD 3568 BAYSIDE ROAD 3415 EASTLAKE ST LONG LAKE MN 55356 LONG LAKE MN 55356 LONG LAKE MN 55356 38 05-117-23 13 0015 38 05-117-23 13 0042 38 05-117-23 13 0053 GLENN SOLE&NANCY SOLIE HUNSLEY FAMILY JT REV TRUST T G VAUGHAN&N P VAUGHAN 3500 BAYSIDE RD 3464 EASTLAKE ST 205 TONKA AVE ORONO MN 55356 ORONO MN 55356 ORONO MN 55356 GLENN SOLE&NANCY SOLE MARK A HUNSLEY TIMOTHY&NATALIE VAUGHAN 3500 BAYSIDE RD NANCY E HUNSLEY 205 TONKA AVE LONG LAKE MN 55356 3464 E LAKE ST ORONO MN 55356 LONG LAKE MN 55356 38 05-117-23 13 0016 38 05-117-23 13 0043 38 05-117-23 13 0054 STEPHANIE BAUER LARSEN TRUST JEANNE M BRAUN TRUST T M ZIESMER&M T ZIESMER 3510 BAYSIDE RD 3444 EASTLAKE ST 3440 BAYSIDE RD ORONO MN 55356 ORONO MN 55356 ORONO MN 55356 STEPHANIE BAUER LARSEN JEANNE M BRAUN TODD M&MARIE T ZIESMER GREGG JOEL LARSEN 14342 HARBOUR LANDINGS DR 3440 BAYSIDE RD 3510 BAYSIDE RD UNIT C LONG LAKE MN 55356 LONG LAKE MN 55356 FORT MYERS FL 33908 RUN DATE:02/16/2021 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM(PROPERTY OWNERS LIST) PAGE:2 38 05-117-23 13 0055 ALISHAH S AZAD 38 ADDRESS UNASSIGNED ORONO MN 00000 ALISHAH S AZAD 200 BEDERWOOD DR LONG LAKE MN 55356 38 05-117-23 13 0056 J D MUELLER&R J MUELLER 222 BEDERWOOD DR ORONO MN 55356 JEFFREY D&RENEE J MUELLER 222 BEDERWOOD DR LONG LAKE MN 55356 38 05-117-23 41 0022 J H MERIDETH&M B MERIDETH 405 OXFORD RD ORONO MN 55356 MARYANN&JOHN MERIDETH 405 OXFORD RD LONG LAKE MN 55356 Hennepin County has developed electronic forms of certain property information databases.Hennepin County makes reasonable efforts to produce and publish the most current property information available.The viewer should understand,however,that Hennepin County makes no representation or warranties,either express or implied,or as to merchantability or fitness for a particular purpose regarding the accuracy and/or completeness of the information contained herein. Hennepin Hennepin County Locate & Notify Map Date: 2/16/2021 L...... ...' fNI' 1k` llitIIIIII%hk +580 CA '''''',-,‘„.„.% 31,:. r Nip, 3569 44+i 205 ter (1 tt '✓ 35603560 -- U 245 "1' fi /°+02 f°c d,., 3440 1r, [.. , r C . 04.0no) : ,_,....4 ilmth.. 7 1a27 s 40 11111 i tis., 1 t.,i f.� ';1 3400 3405 465NI t.71,.. 3401 )Y 341}' Buffer Size: 500 0 50 100 200 Feet Map Comments: I I I I I ( I ( I 3500 Bayside Rd. This data () 's furnished 'AS IS' with no representation as to completeness or accuracy; pi)is furn'shed with no warranty of any knd; and (ii) is notsuitable for legal, engneedng or surveying purposes.Hennepin County shall not beliablefsrany damage,injury or loss resulting from th's data. For more information,contact Hennepin County GIS Office 300 6th StreetSouth,Mrneapolis,MN55487/gis.infot hennepin.us Date Application Received: 02/15/2021 Date Application Considered as Complete:02/25/2021 SOA jO 60-Day Review Period Expires: 04/24/2021 To: Chair Ressler and Planning Commission Members Ron Olson, Interim City Administrator 4kFSHO' From: Laura Oakden Planner Date: March 15, 2021 Subject: #LA21-000019,Todd Ziesmer, 3440 Bayside Road, Conditional Use Permit, Public Hearing Application Summary: The applicant is requesting a conditional use permit to allow the keeping of honey bees. Staff Recommendation: Planning Department Staff recommends approval. Background The applicant is requesting to keep honey bees on their property. The definition of Farm Animals includes honeybees, but the definition of Animal Unit, used to regulate farm animal density, does not include honeybees. Farm animals require a condition use permit on the LR-1A district meeting city code standards include lot size and setbacks. The applicant is proposed 2-4 hives with a maximum of 6. Generally,one hive is roughly 20" in length, 16"wide and 10"tall. The city code is silent on number of hives allowed. The applicant has been coordinating with the University of Minnesota to find a good fit for his property. A narrative is included as Exhibit B. LOT ANALYSIS WORKSHEET Section 78-303-Setbacks: All animal structures are required to be 75'from all property lines and 150'from adjacent homes. The applicant has submitted a site plan indicating all setbacks will be met. Section 78-303-Lot Area/Width: Farm Animal Lot Minimum Lot Area Required 1 acre for a dwelling+ 1 acre for each animal unit Actual 2.03 acres This criteria is met. Applicable Regulations: Conditional Uses: Keeping of farm nnimals (78-303) (3)Keeping of farm animals for noncommercial purposes and for the use of the occupants of premises, provided that: 1. Where the applicant requests a conditional use permit to keep farm animals other than horses, there must be at least one acre for the dwelling and one acre for each animal unit. Calculations of minimum acreage required shall not include any LA21-000019 March 15,2021 Page 2 of 3 land defined as a wetland or wetland buffer under section 78-1602.The applicant has 2.03 acres of land and can meet the land size requirements of this code. 2. Any building or structure associated with the animals is located more than 150 feet from the nearest adjacent residence and at least 75 feet from the nearest lot line.The applicant has submitted a site plan which indicates a conforming envelope in the rear of the lot. Applicable Regulation: Conditional Use Permit(Section 78-916) The Planning Commission may recommend and the Council may grant a Conditional Use Permit(CUP) as the use permit was applied for or in modified form. On the basis of the application and the evidence submitted,the city must find that the proposed use at the proposed location is or will be: 1) Consistent with the community management plan; Farm Animals in the LR-1A zoning district is consistent with the Community Management Plan. This is met. 2) Compliant with the zoning code, including any conditions imposed on specific uses as required by article V,division 3 of the City Code; Farm Animals use is listed as a permitted conditional use in the LR-1A district. This criteria is met. 3) Adequately served by police,fire, roads,and stormwater management;This criterion is met. 4) Provided with an adequate water supply and sewage disposal system; The property is served by City sewer and water.This criterion is met. 5) Not expected to generate excessive demand for public services at public cost; The use will not generate an excessive demand on public services.This criterion is met. 6) Compatible with the surrounding area as the area is used both presently and as it is planned to be used in the future; Farm animals are a permitted accessory use in the neighboring rural districts. Properties meeting the sizing requirements are able to support farm animal use in the lakeshore district.This criteria is met. 7) Consistent with the character of the surrounding area, unless a change of character is called for in the community management plan; no change of character is called for,the use is compatible with the surrounding area.This criterion is met 8) Compatible with the character of buildings and site improvements in the surrounding area, unless a change of character is called for in the community management plan; The applicant is not proposing changes to the character of the site. Honeybee hives are being proposed in the rear of the home meeting all setback requirements.This is met. 9) Not expected to substantially impair the use and enjoyment of the property in the area or have a materially adverse impact on the property values in the area when compared to the impairment or impact of generally permitted uses; the use is not expected to impair the use and or enjoyment of neighboring properties and should not negatively impact property values.This criterion is met. 10) Provided with screening and buffering adequate to mitigate undesirable views and activities likely to disturb surrounding uses; Staff does not anticipate the need for screening.This criterion is met. 11) Not create a nuisance which generates smoke, noise,glare,vibration, odors,fumes, dust, electrical interference, general unsightliness, or other means; the use shall comply with city and state codes, and shall not create a nuisance.This criterion is met. LA21-000019 March 15,2021 Page 3 of 3 12) Not cause excessive non-residential traffic on residential streets, parking needs that cause a demonstrable inconvenience to adjoining properties,traffic congestion,or unsafe access; allowing honeybees on a residential property will not impact parking or traffic. This is met. 13) Designed to take into account the natural,scenic, and historic features of the area and to minimize environmental impact;The proposed hives will be located in the rear of the property meeting all setback requirements. No scenic or environmental impacts should be impacted. This is met. 14) All exterior lighting shall be so directed so as not to cast glare toward or onto the public right-of-way or neighboring residential uses or districts; No lighting is proposed. This is met. 15) Not detrimental to the public health, public safety, or general welfare.Allowing honeybees should not prove detrimental to public health,safety or welfare. This is met. A CUP may be granted subject to such conditions as the Council may prescribe. Additionally, a CUP shall remain in effect as long as the conditions imposed by the City Council are - observed, but nothing in this section shall prevent the city from enacting or amending official controls to change the status of conditional uses. Conditional Use Permit Analysis: The applicant is proposed to have honeybee on the residential property. All the conditional outlined by the City Code are met. No adverse impacts are anticipated with the proposed use of honeybees and the hive locations. Public Comments The applicant submitted comments of support from the neighbors. Issues for Consideration 1. Does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested Conditional Use Permit? Planning Staff Recommendation Planning Staff recommends approval. List of Exhibits Exhibit A. Application Exhibit B. Narrative Exhibit C. Proposed Site Plan Exhibit D. Neighbor Comments Exhibit E. Property Owners List and Map Letter View Exhibit A Land Use Application Summary Application Date: 02/15/2021 Address: 3440 Bayside Road Orono,MN 55356 Parcel Number: 0511723130054 Land Use Number: LA21-000019 Application Submitted By: Property Owner Owner: Name: TODD M&MARIE T ZIESMER Address: 3440 BAYSIDE RD LONG LAKE,MN 55356 Applicant: Name: Todd Ziesmer Company: Address: 3440 Bayside Road Orono, MN 55356 tziesmer@usfamily.net Contact Information: Associated Contact: Associated Contact: Associated Contact: Associated Contact: Project Description: Beekeeping Land Use Application Type: Amendmend Application Appeal of Admin Decision D Concept Application 0 Conditional Use Permit D Site Plan Application 0 Subdivision Application D Subdivision Exception EJ Vacation Application 0 Variance Application D Applicant Signature: y file:///ci.orono.mn.us/...20thru/LA21-000019%20(3440%20Bayside%20Rd)%20CUP/Land%20Use%20Application%20Summary%20(7).htm[3/11/2021 2:13:53 PM] Exhibit B REVISED Ziesmer Bee Colony Description Dear Orono City Planner and Council, The purpose of this letter is to notify you that my wife and I have recently submitted a conditional use permit application to begin our new hobby of beekeeping this spring. Our family has lived at 3440 Bayside Road for 32 years and have thoroughly enjoyed the beauty of our community. Marie and I appreciate the space many of us have to beautify our properties with flower gardens, enjoy fresh vegetables from our gardens,tend and harvest fruit trees,and even provide delicious vegetation for the deer population. Having bee colonies on our property will enhance production and beauty of these plants in our neighborhood. The Orono City Code defines bee colonies in the same category as farm animals and requires at least one acre for the property dwelling and one acre for each animal unit—with which our 2.03 acre property complies. There is no clear definition in the code establishing how many beehives are equivalent to an animal unit,so the city planner asked that I work with the University of Minnesota Bee Squad to determine the appropriate number of hives for our property. The feedback received from the Bee Squad is they are currently studying the optimal amount of space per bee hive, but they are not ready to offer a recommendation for my permit. Their suggestion is to start small and grow to a point that the hives will be sustainable. We plan to start with two to four hives and potentially grow to as many as six hives, if that number can be sustainable. Please note: a certain number of bee colonies often do not survive the winter (a higher risk for new beekeepers)—which is why we intend to start with two to four hives. The code states that any building or structure associated with the animals is located more than 150 feet from the nearest adjacent residence and at least 75 fee from the nearest lot line. The site plan submitted indicates the area where the beehives will be located based on these parameters. Also submitted is an aerial view of neighboring properties and the location of the beehive zone. To help us start our hobby off on the right foot,we have enrolled in the University of Minnesota Bee Squad online course entitled "Beekeeping in Northern Climates"that takes us through two seasons of beekeeping and has been a terrific resource. We have also joined the West Metro Bee Club (based at Otten Bros Garden Center) and we look forward to sharing experiences with fellow beekeepers in our area. A cover letter and beehive site map was mailed to nine neighbors on February 20. As of this writing, I have received positive and encouraging feedback from Tim and Natalie Vaughan, Chris and Margaret Flury, and Lynn Walstedt,with no negative responses. It is important to know that bees only forage on plant nectar and pollen and are not attracted sugar water for hummingbirds,jelly for orioles, or human food/drinks (it is yellow jacket wasps that are attracted to these items). Thank you for your help and I look forward to working through the approval process with you! Todd Ziesmer 3440 Bayside Road Orono, MN 55356 tziesmer@usfamily.net 612-250-9293 ORIGINAL Ziesmer Bee Colony Description Dear Orono City Planner and Council, The purpose of this letter is to notify you that my wife and I have recently submitted a conditional use permit application to begin our new hobby of beekeeping this spring. Our family has lived at 3440 Bayside Road for 32 years and have thoroughly enjoyed the beauty of our community. Marie and I appreciate the space many of us have to beautify our properties with flower gardens, enjoy fresh vegetables from our gardens,tend and harvest fruit trees,and even provide delicious vegetation for the deer population. Having bee colonies on our property will enhance production and beauty of these plants in our neighborhood. The Orono City Code defines bee colonies in the same category as farm animals and requires at least one acre for the property dwelling and one acre for each animal unit—with which our 2.03 acre property complies. There is no clear definition in the code establishing how many beehives are equivalent to an animal unit,so the city planner asked that I work with the University of Minnesota Bee Squad to determine the appropriate number of hives for our property. Contact was initiated February 6 and I'm waiting for a response. The code states that any building or structure associated with the animals is located more than 150 feet from the nearest adjacent residence and at least 75 fee from the nearest lot line. The site plan submitted indicates the area where the beehives will be located based on these parameters. To help us start our hobby off on the right foot,we have enrolled in the University of Minnesota Bee Squad online course entitled "Beekeeping in Northern Climates"that takes us through two seasons of beekeeping and has been a terrific resource. We have also joined the West Metro Bee Club (based at Otten Bros Garden Center) and we look forward to sharing experiences with fellow beekeepers in our area. Finally, I have listed a few facts and benefits of having bees in our neighborhood (source- https://www.benefits-of-honey.com): • Bees are responsible for pollinating 70 of the 100 crops that provide 90%of the world's food. • It is the only insect that produces food eaten by humans. • Honey is the only food that includes all the substances necessary to sustain life, including enzymes, vitamins, minerals,and water; and it's the only food that contains "pinocembrin", an antioxidant associated with improved brain functioning. • A honey bee can fly for up to six miles,and as fast as 15 miles per hour. • It takes one ounce of honey to fuel a bee's flight around the world (National Honey Board). • A honey bee visits 50 to 100 flowers during a collection trip. • A colony of bees consists of 20,000-60,000 honeybees and one queen. Worker honey bees are female, live for about 6 weeks and do all the work. • Each honey bee colony has a unique odor for members' identification. • Only worker bees sting, and only if they feel threatened and they die once they sting. Queens have a stinger, but they don't leave the hive to help defend it. It is estimated that 1100 honey bee stings are required to be fatal. Thank you for your help and I look forward to working through the approval process with you! Todd Ziesmer 3440 Bayside Road Orono, MN 55356 tziesmer@usfamily.net 612-250-9293 Exhibit C • 3440 Bayside Road - Ziesmer Beehives 2+ ' a • " , im - 'd �, .� 205 �E I X d % ., $` , t' �` Y • fi d rT A. " $. r p r, ,gds it i �}' d �,y, � B hive d'* _ } 14'0. x� ,�i� :d` 'fir.°. ; ,^., ' $ .,i" _t. SIR #* # � ,.'! •��r± '.�'� {" '11 ♦ a y a Y %-f'f, x r'+17� tri vYY..��..,, P r a + gyp „•` "� .t. ♦ ti' tc,rku v , ' fiA ,• j16` vi iillp SIF � '� 7 '. � � a • • % i t� 4 # al jyy 1 e a111 4 �r t �,D c . �a, r v 295 ` , .. r� r t if " ' ii )'" 11,11N '- , :.-, A s n y b cep . e 331 4 RR e , a .,,,.. ..„k . c � 34 , 7.e., 1$,44: :, . Art: *0 'opie r - / „w` ? w Z....o„a ., Ziesmer Bee Colony Site Plan Vaughan home set back Henning Home Legend: Gray space-75'property line set back Red space-150' residence set back Yellow space-bee colony zone Property Address: 3440 Bayside Road Exhibit D Todd Ziesmer - Home From: Dana BRUMITT <dsbrumitt@gmail.com> Sent: Sunday, February 28,2021 4:28 PM To: Todd Ziesmer- Home Subject: Bee colony! Todd, Thank you so much for your letter informing us of your plan to begin beekeeping this summer. I appreciate your detailed explanation and the web link for the site about the benefits of honey. I'm a big fan! I love it that you are enrolled with the Minnesota Bee Squad! Sounds like you are doing your homework and preparing to do this project right from the very beginning. I've been out to the Bee and Pollinator Center at the Arboretum many times and just love learning about the vital role that bees play in our environment. I hope I can learn from your colony too! Thank you for taking on this project. I think your bee colony will be a wonderful addition to our community. You have inspired me to start planning a pollinator-friendly patch for my front yard this summer. I'm looking forward to raising some food for your helpful little creatures. Please let me know if I can help you in any way! Dana S. Brumitt 612-718-9213 dsbrumitt@gmail.com 1 Todd Ziesmer - Home From: christopher flury <cpflury@gmail.com> Sent: Friday, February 26,2021 9:27 AM To: tziesmer@usfamily.net Subject: Bees at Ziesmer residence To Whom it May Concern, I live at 3420 Bayside Road next to Todd Ziesmer and am in full support of him housing honey bees on his property. I did a little research and welcome the idea for the benefits of the pollination that the bees will provide to our gardens. Todd showed me where he planned to place the hives (with your approval) and it is a safe distance from our home and our children's play area. If you have any questions, please call me at 612.616.7674. Thank you, Chris Flury 1 Todd Ziesmer - Home From: Lynn Walstedt <lwalstedt@gmail.com> Sent: Friday, March 5, 2021 7:34 AM To: Todd Ziesmer- Home Subject: Ziesmer Bee Colony To Whom it May Concern, I am the neighbor on the west side of the Ziesmer property- 3470 Bayside Rd. and we have been neighbors for close to 25 years! When I first received Todd's letter about their new"Beekeeping" hobby, I was immediately impressed by all the steps they are taking to comply with Orono's city codes, as well as all the educational resources they are using. Although Todd's letter was very thorough and informative, I did have several questions for them. As expected, because he is always so conscientious, Todd immediately provided me with well throughout explanations. I have no problem with any of their plans. I clearly understand how important bees are to our environment and I believe that the Ziesmer Bee Colony will be a wonderful benefit to our neighborhood-and my huge flower garden! Should you have any questions or concerns,please email or call/text me at any time. Lynn Walstedt 612-558-0391 lwalstedt@@gmail.com Sincerely, Lynn Walstedt 1 Hennepin Hennepin County Locate & Notify Map Date: 2/16/2021 r „, 323'iifii " 35A222 7. .1i.i ,53, 225 - istr ;t?' v i7, oi, 3560 245 ;Z4 2.55 f. 25 2 �„ >a i2r 02 f, 6 . 3i m..............,2.t... 7 ;, 34T ` 2I f41- � c 2t�`-t ;a�,�, . 4510 "6.' Q rF`7 •LIat i7 280 28%tM If u9 r� > 306 C1 411, �? i 315 a 5 u 325 r3"i 4 340 III.41.1.. 1111111 Y: 3350 t sr> ''l 350 iii= . '4_ '2 rill I 3345 { 3403 ,a.G �„ abs 'Pi Ail '05 - Buffer Size: 500 0 50 100 200 Feet Map Comments: IIIIIIIII 3440 Bayside Rd This data () b furnished 'AS IS' with no representation as to completeness or accuracy; (i)is furnished with no warrantyof any kind; and (ii) is notsuitable for legal, engneering or surveying purposes.Hen ne p n County shall not be liab l e for any damage,in nju ry or loss resulting from this data. For more information,contact Hennepin County GIS Office 300 6th Street South,Minneapolis,MN 55,87/gi s.i nfo@h en ne p n.us 1 RUN DATE:02/16/2021 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM(PROPERTY OWNERS LIST) PAGE:1 38 05-117-23 11 0006 38 05-117-23 13 0017 38 05-117-23 13 0041 L C DOUGHERTY&M DOUGHERTY KYLE FAMILY LTD PTNRSHP JO ANNE POOLE BARTLETT 3285 GRAHAM HILL RD 3560 BAYSIDE RD 3568 BAYSIDE RD ORONO MN 55356 ORONO MN 55356 ORONO MN 55356 LUCY C DOUGHERTY RICHARD&KATHLEEN A KYLE JO ANNE POOLE BARTLETT MICHAEL T DOUGHERTY 1140 TONKAWA RD 3568 BAYSIDE ROAD 3285 GRAHAM HILL RD LONG LAKE MN 55356 LONG LAKE MN 55356 LONG LAKE MN 55356 38 05-117-23 11 0007 38 05-117-23 13 0021 38 05-117-23 13 0042 MARK J HEURUNG GLENN SOLIE&NANCY SOLIE HUNSLEY FAMILY JT REV TRUST 3315 GRAHAM HILL RD 38 ADDRESS UNASSIGNED 3464 EASTLAKE ST ORONO MN 55356 ORONO MN 00000 ORONO MN 55356 MARK J HEURUNG GLENN SOLIE&NANCY SOLIE MARK A HUNSLEY 3315 GRAHAM HILL RD 3500 BAYSIDE RD NANCY E HUNSLEY ORONO MN 55356 LONG LAKE MN 55356 3464 E LAKE ST LONG LAKE MN 55356 38 05-117-23 12 0015 38 05-117-23 13 0028 38 05-117-23 13 0043 STATE OF MINN M JAMIESON&N JAMIESON JEANNE M BRAUN TRUST 38 ADDRESS UNASSIGNED 295 TONKA AVE 3444 EASTLAKE ST ORONO MN 00000 ORONO MN 55356 ORONO MN 55356 DNR REAL ESTATE MGMT MICHAEL JAMIESON JEANNE M BRAUN ATTN DEBBIE GURTIN NATALIE JAMIESON 14342 HARBOUR LANDINGS DR 500 LAFAYETTE RD 295 TONKA AVE UNIT C ST PAUL MN 55155 LONG LAKE MN 55356 FORT MYERS FL 33908 38 05-117-23 12 0016 38 05-117-23 13 0029 38 05-117-23 13 0044 STATE OF MINN BARBARA J HUBER T E RADKE&M A RADKE 38 ADDRESS UNASSIGNED 38 ADDRESS UNASSIGNED 3424 EASTLAKE ST ORONO MN 00000 ORONO MN 00000 ORONO MN 55356 DNR REAL ESTATE MGMT BARBARA J HUBER THOMAS E&MARGARET A RADKE ATTN DEBBIE GURTIN 3390 BAYSIDE RD 3424 EASTLAKE ST 500 LAFAYETTE RD LONG LAKE MN 55356 LONG LAKE MN 55356 ST PAUL MN 55155 38 05-117-23 12 0017 38 05-117-23 13 0030 38 05-117-23 13 0045 LSF9 MASTER PARTICIPATION TR DANA S BRUMITT LYNN W WALSTEDT 3415 HIGH LA 3400 BAYSIDE RD 38 ADDRESS UNASSIGNED ORONO MN 55356 ORONO MN 55356 ORONO MN 00000 US BANK TRUST DANA S BRUMITT LYNN W WALSTEDT C/O HUDSON HOMES MGMT LLC 3400 BAYSIDE RD 3470 BAYSIDE ROAD 3701 REGENT BLVD STE 200 LONG LAKE MN 55356 LONG LAKE MN 55356 IRVING TX 75063 38 05-117-23 12 0028 38 05-117-23 13 0032 38 05-117-23 13 0046 ALISHAH S AZAD AMY J LAWIN JEANNE M BRAUN TRUST 200 BEDERWOOD DR 3405 EASTLAKE ST 38 ADDRESS UNASSIGNED ORONO MN 55356 ORONO MN 55356 ORONO MN 00000 ALISHAH S AZAD AMY J LAWIN JEANNE M BRAUN 200 BEDERWOOD DR 3405 EASTLAKE ST 14342 HARBOUR LANDINGS DR LONG LAKE MN 55356 LONG LAKE MN 55356 UNIT C FT MYERS FL 33908 38 05-117-23 13 0012 38 05-117-23 13 0035 38 05-117-23 13 0050 C P FLURY&M B FLURY REBECCA LYNN HOLZEM B W HENNING&R L HENNING 3420 BAYSIDE RD 3407 EASTLAKE ST 245 TONKA AVE ORONO MN 55356 ORONO MN 55356 ORONO MN 55356 CHRISTOPHER P FLURY REBECCA LYNN HOLZEM BRIAN W HENNING MARGARET B FLURY 3407 EASTLAKE ST REBECCA L HENNING 3420 BAYSIDE RD LONG LAKE MN 55356 245 TONKA AVE LONG LAKE MN 55356 LONG LAKE MN 55356 38 05-117-23 13 0014 38 05-117-23 13 0036 38 05-117-23 13 0051 LYNN W WALSTEDT C J LAPPEN&KALLYN BIALOWAS MARTHA S TOFTELAND 3470 BAYSIDE RD 3409 EASTLAKE ST 225 TONKA AVE ORONO MN 55356 ORONO MN 55356 ORONO MN 55356 LYNN W WALSTEDT CHRISTOPHER J LAPPEN MARTHA TOFTELAND 3470 BAYSIDE RD KALLYN BIALOWAS 225 TONKA AVE LONG LAKE MN 55356 3409 EASTLAKE ST LONG LAKE MN 55356 LONG LAKE MN 55356 38 05-117-23 13 0015 38 05-117-23 13 0037 38 05-117-23 13 0052 GLENN SOLIE&NANCY SOLIE DIANE M PEREZ JACQUELINE PAIGE LEFF 3500 BAYSIDE RD 3465 EASTLAKE ST 3415 EASTLAKE ST ORONO MN 55356 ORONO MN 55356 ORONO MN 55356 GLENN SOLIE&NANCY SOLIE DIANE M PEREZ JACQUELINE PAIGE LEFF 3500 BAYSIDE RD P O BOX 106 3415 EASTLAKE ST LONG LAKE MN 55356 LONG LAKE MN 55356 LONG LAKE MN 55356 38 05-117-23 13 0016 38 05-117-23 13 0039 38 05-117-23 13 0053 STEPHANIE BAUER LARSEN TRUST TAMMARA L MADDREY T G VAUGHAN&N P VAUGHAN 3510 BAYSIDE RD 3435 EASTLAKE ST 205 TONKA AVE ORONO MN 55356 ORONO MN 55356 ORONO MN 55356 STEPHANIE BAUER LARSEN TAMMARA L MADDREY TIMOTHY&NATALIE VAUGHAN GREGG JOEL LARSEN 330 PEAVEY RD 205 TONKA AVE 3510 BAYSIDE RD WAYZATA MN 55391 ORONO MN 55356 LONG LAKE MN 55356 RUN DATE:02/16/2021 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM(PROPERTY OWNERS LIST) PAGE:2 38 05-117-23 13 0054 38 05-117-23 14 0024 38 05-117-23 14 0055 T M ZIESMER&M T ZIESMER THE RETURN HOMES LLC JEFFREY S MELBY 3440 BAYSIDE RD 285 CRESTVIEW AVE 240 CRESTVIEW AVE ORONO MN 55356 ORONO MN 55356 ORONO MN 55356 TODD M&MARIE T ZIESMER THE RETURN HOMES LLC JEFFREY S MELBY 3440 BAYSIDE RD 2613 COMMERCE BLVD 240 CRESTVIEW AVE LONG LAKE MN 55356 MOUND MN 55364 LONG LAKE MN 55356 38 05-117-23 13 0055 38 05-117-23 14 0025 38 05-117-23 14 0060 ALISHAH S AZAD THE RETURN HOMES LLC D L GROTHAUS&E C GROTHAUS 38 ADDRESS UNASSIGNED 285 CRESTVIEW AVE 3403 EASTLAKE ST ORONO MN 00000 ORONO MN 55356 ORONO MN 55356 ALISHAH S AZAD THE RETURN HOMES LLC DAREN L GROTHAUS 200 BEDERWOOD DR 2613 COMMERCE BLVD ELLE C GROTHAUS LONG LAKE MN 55356 MOUND MN 55364 3403 EASTLAKE ST LONG LAKE MN 55356 38 05-117-23 13 0056 38 05-117-23 14 0028 38 05-117-23 14 0061 J D MUELLER&R J MUELLER P 0 SKOOG&S L SKOOG PA&K S SKOOG 222 BEDERWOOD DR 250 TONKA AVE 280 TONKA AVE ORONO MN 55356 ORONO MN 55356 ORONO MN 55356 JEFFREY D&RENEE J MUELLER PAUL 0&SHERRY L SKOOG PHILIP&KAREN SKOOG 222 BEDERWOOD DR 250 TONKA AVE 280 TONKA AVE LONG LAKE MN 55356 LONG LAKE MN 55356 LONG LAKE MN 55356 38 05-117-23 14 0012 38 05-117-23 14 0029 38 05-117-23 14 0062 STATE OF MINN C C WEBBER&S M ANDERSON SUSAN A M GOHMAN TRUSTEE 38 ADDRESS UNASSIGNED 230 TONKA AVE 330 TONKA AVE ORONO MN 00000 ORONO MN 55356 ORONO MN 55356 DNR REAL ESTATE MGMT CASEY C WEBBER SUSAN A M GOHMAN ATTN DEBBIE GURTIN SYDNEY M ANDERSON 330 TONKA AVE 500 LAFAYETTE RD 230 TONKA AVE LONG LAKE MN 55356 ST PAUL MN 55155 LONG LAKE MN 55356 38 05-117-23 14 0018 38 05-117-23 14 0030 38 05-117-23 14 0063 SCOTT D HOCHSTEDLER ROGGOW PROPERTIES LLC ROBIN WEISS GRIERSON 290 CRESTVIEW AVE 315 CRESTVIEW AVE 270 CRESTVIEW AVE ORONO MN 55356 ORONO MN 55356 ORONO MN 55356 SCOTT D HOCHSTEDLER ROGGOW PROPERTIES LLC ROBIN WEISS GRIERSON 290 CRESTVIEW AVE 3815 SHERIDAN AVE S 270 CRESTVIEW AVE LONG LAKE MN 55356 MINNEAPOLIS MN 55410 LONG LAKE MN 55356 38 05-117-23 14 0019 38 05-117-23 14 0031 38 05-117-23 14 0068 BRYAN QUADERER WENDY SULLIVAN COURTNEY R KILL REV TRUST 235 CRESTVIEW AVE 325 CRESTVIEW AVE 3235 GRAHAM HILL RD ORONO MN 55356 ORONO MN 55356 ORONO MN 55356 BRYAN QUADERER WENDY SULLIVAN COURTNEY R KILL 235 CRESTVIEW AVE 325 CRESTVIEW AVE 3235 GRAHAM HILL RD LONG LAKE MN 55356 LONG LAKE MN 55356 LONG LAKE MN 55356 38 05-117-23 14 0020 38 05-117-23 14 0033 38 05-117-23 14 0069 JOHN D TIES BARBARA J HUBER MICHAEL&.MARILYN HUTHWAITE 245 CRESTVIEW AVE 38 ADDRESS UNASSIGNED 3382 BAYSI DE RD ORONO MN 55356 ORONO MN 00000 ORONO MN 55356 JOHN D TIES BARBARA J HUBER MICHAEL&:MARILYN HUTHWAITE 245 CRESTVIEW AVE 3390 BAYSIDE RD 3382 BAYSIDE RD LONG LAKE MN 55356 LONG LAKE MN 55356 LONG LAKE MN 55356 38 05-117-23 14 0021 38 05-117-23 14 0039 38 05-117-23 410022 STEPHANIE REIMAN MATTHEW LAMBRECHT J H MERIDETH&M B MERIDETH 255 CRESTVIEW AVE 340 TONKA AVE 405 OXFORD RD ORONO MN 55356 ORONO MN 55356 ORONO MN 55356 STEPHANIE REIMAN MATTHEW LAMBRECHT MARYANN&JOHN MERIDETH 255 CRESTVIEW AVE 340 TONKA AVE 405 OXFORD RD LONG LAKE MN 55356 LONG LAKE MN 55356 LONG LAKE MN 55356 38 05-117-23 14 0022 38 05-117-23 14 0043 KAE PARTNERS LLC THOMAS R BETZ 265 CRESTVIEW AVE 300 CRESTVIEW AVE ORONO MN 55356 ORONO MN 55356 KAE PARTNERS LLC THOMAS R BETZ 1400 MAPLEWOOD DR 300 CRESTVIEW AVE LONG LAKE MN 55356 LONG LAKE MN 55356 38 05-117-23 14 0023 38 05-117-23 14 0052 N BYSTROM&C BYSTROM BARBARA JOANNE HUBER 275 CRESTVIEW AVE 3390 BAYSIDE RD ORONO MN 55356 ORONO MN 55356 NOAH BYSTROM BARBARA JOANNE HUBER CHARLENE BYSTROM 3390 BAYSIDE RD 275 CRESTVIEW AVE LONG LAKE MN 55356 LONG LAKE MN 55356 Hennepin County has developed electronic forms of certain property information databases.Hennepin County makes reasonable efforts to produce and publish the most current property information available.The viewer should understand,however,that Hennepin County makes no representation or warranties,either express or implied,or as to merchantability or fitness for a particular purpose regarding the accuracy and/or completeness of the information contained herein. Date Application Received: 02/17/2021 Date Application Considered as Complete:03/02/2021 VOAO 60-Day Review Period Expires: 05/01/2021 To: Chair Ressler and Planning Commission Members y Ron Olson, Interim City Administrator <4 kESH00' From: Laura Oakden Planner Date: March 15, 2021 Subject: LA21-000020,Jacob Brown,4085 Watertown Road,Variances, Public Hearing Application Summary: The applicant is requesting lot area, lot width, front yard setback and side yard setback variances for a new home. Staff Recommendation: Planning Department Staff recommends the approval. Background The applicant is planning to construct a new home on the property. Currently,the property has a nonconforming 855 sq.ft single family home. The applicant is proposing to place the new home with a slightly larger front yard setback,similar side yard setback.The applicant is proposing a 2 story home with a walk out basement. The property is nonconforming with respect to area with 0.64 acres and in 93' in width,where the RR-1A district requires 5 acres in area and 300' in width. The applicant noted a overall height of roughly 35'from final grade to peak height. Following how the City Code calculates defined height,staff has calculated the height of the proposed home at 28.3'.The project conforms to the height limit. How to determine the defined height for a building: Distance Between First Floor and defined Top of Roof=as defined above. (a) 23.5' First Floor Elevation(from building plans): Main Floor Elevation per plan (b) 1000.2 Highest existing ground level touching the building's footprint(per (c) 995.4 survey)or 10'above lowest ground level,whichever is lower: Difference between(b)and(c)**: (d) 4.8' DEFINED HEIGHT 28.3' "If highest existing adjacent grade is above FFE-Height is(a)-(d)OR (e) If highest existing adjacent grade is below FFE-Height is(a)+(d) Practical Difficulties Analysis Applicant Submittal Information:The applicant has identified the overlapping side yard setbacks,substandard lot area, width the topography of the lot as practical difficulties supporting the requested variances.Staff agrees with this finding. Additionally,they have provided supporting documentation regarding Practical Difficulties attached as Exhibit B, and should be asked for additional testimony regarding the application. LA21-000020 March 15,2021 Page 2 of 5 Planning Staff Practical Difficulty Analysis: Regarding practical difficulty, Staff finds there are inherent practical difficulties with the substandard lot size and width creating overlapping side yard setbacks. The applicant is proposing to move the house further away from the front yard setback then the existing home footprint working to bring the home closer to conforming. Meeting the front yard setback is limited due to the grading of the lot supporting variances for a new home. LOT ANALYSIS WORKSHEET Section 78-395-Setbacks: DISTRICT RR-1A Required Existing Proposed Front 100' 21' 35.4 Rear 100' Roughly 300' Side (north) 50' 22 22' (House) 19'(Deck Stairs) Side (south) 50' 35' 23' Section 78-395 -Lot Area/Width: DISTRICT RR-1A Lot Area Lot Width Required 217,800 s.f. (5 acres) 300' Actual 28,526 s.f. (0.64 acre) 73' Section 78-1403-Structural Building Coverage: Total Lot Area Total Structural Coverage 28,526 s.f. (0.64 acre) Allowed: 5,705 s.f. (20%) Proposed: 1,444 s.f. (5%) Applicable Regulations: Front and Side Yard Setback(78-395) The required front yard setback is 100 feet. The existing house is located 21 feet from the front property line. The new proposed home is 35.4 feet from the front property line bringing the overall home closer to conformance. Due to the topography and the grade drop off in the rear of the home creates a limited buildable space. The required side yard setback is 50 feet. The lot is 93 feet in width at the road and 73 feet for the defined width at the 100 foot front yard setback. This creates an overlapping side yard setback and eliminates a buildable envelope for a home on the property. The existing home had a 22 feet setback to the east and 35 feet setback to the west. The proposed home was design to create as large of a setback as possible due to the narrow home design. The applicant is requesting a 19'to the east property line due to the proposed deck stairs.They are requesting 23 feet to the west property line due to unique lot shape. 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 LA21-000020 March 15,2021 Page 3 of 5 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 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 and front 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 LA21-000020 March 15,2021 Page 4 of 5 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 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 The applicant submitted letters of support from the two abutting neighbors. 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? LA21-000020 March 15,2021 Page 5 of 5 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 requested lot area, lot width, front and side yard setback variances. List of Exhibits Exhibit A. Application Exhibit B. Practical Difficulties Documentation Form Exhibit C. Existing& Proposed Survey/Site Plan Exhibit D. Proposed Plans and Elevations Exhibit E. Narrative Exhibit F. Neighbor Letters Exhibit G. Property Owners List and Map Letter View Exhibit A Land Use Application Summary Application Date: 02/17/2021 Address: 4085 Watertown RD Orono, MN 55359 Parcel Number: 3111823410005 Land Use Number: LA21-000020 Application Submitted By: Property Owner Owner: Name: CHRISTOPHER FRANK DALE Address: 4085 WATERTOWN RD MAPLE PLAIN, MN 55359 Applicant: Name: Jacob Brown Company: Address: 1025 W Cove Ln Minnetrista, MN 55364 Rinnovarellc@gmail.com Contact Information: Associated Contact: Jacob Brown Rinnovarellc@gmail.com Associated Contact: Stacy Kromenhoek stacylynnchain@yahoo.com Associated Contact: Peter Grubish Peterg@greenbullconstruction.com Associated Contact: Project Description: New Home Land Use Application Type: Amendmend Application ❑ Appeal of Admin Decision Concept Application Conditional Use Permit ❑ Site Plan Application 0 Subdivision Application Subdivision Exception ❑ Vacation Application 0 Variance Application D Applicant Signature: file:///ci.orono.mn.us/...ru/LA21-000020%20(4085%20Watertown%20Rd)%20VAR/Land%20Use%20Application%20Summary%20(6).htm[3/11/2021 3:08:37 PM] Letter View PRACTICAL DIFFICULTIES DOCUMENTATION FORM Exhibit B LA21-000020 _. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter. Response: The Single Family Rural Residential District Zoning Chapter requires: -a minimum of 5 acres and a lot width of 300' -a street setback of 100' and adjacent property line setback of 50' The property at 4085 Watertown Road: -is 0.6 acres -is 72.9-82.5' wide and 431' deep The current structure at 4085 Watertown Road: -is sitting at an angle 21' from the street, is 21'wide and 38.4' deep. -the setback from the east is 22-26.5' and the west is 25-35' The proposed building plan for 4085 Watertown Road -centers the structure on the lot, and moves back to 37' from the street with a setback on the east of 22' and 23-32.5' from the west The zoning chapter dictates a maximum height of 30' -As the house design leverages a very narrow footprint, the design dictates an 8:12 pitch which creates an overall house height of 34? 7 11/16?. The steeper roof design will fare better in the snowy Minnesota environment, improving ice melt and the prevention of ice patches and ice dams. The Zoning Chapter is written to protect the natural land and greenscapes and to not encroach upon neighboring spaces. The proposed structure provides sufficient footprint to build a moderate home will tering the structure on the lot and moving further back from the road (as allowed by current septic field). 2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. Response: The side setbacks and overall lot width allow for zero structure to be built; the overall lot width is 82.5' at the greatest width and the individual side setbacks are 50 feet (100 feet in total). 3. The variance, if granted, will not alter the essential character of the locality. Response: If the variance is granted, the new building structure will enhance and complement the existing character of the community. The existing structure is in a state of disrepair; the home is located close to the road and conflicts with the style, value, and character of neighboring homes. 4. Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter. Response: NA 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: NA rhe Board of Appeals and Adjustments or the Council may not permit as a variance any use gnat is not allowed under this Chapter for property in the zone where the affected person's land is located. file:///ci.orono.mn.us/...000020%20(4085%20Watertown%20Rd)%20VAR/Practical%20Difficulties%20Documentation%20Form%20(4).htm[3/11/2021 3:08:38 PM] Letter View Response: The use is rural residential, as zoned. 7. The Board or Council may permit as a variance the temporary use of a one-family dwelling a two-family dwelling. Response: NA 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. Response: NA 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 lots in the surrounding area are in the 2.-4.99acres per family home to 5-9.99 acres per family home (MAP 3B-4 and Table 3B-3 in the Comprehensive Plan). The lot width is unusually narrow at 82.5' (zoning chapter designates 300') 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Response: This statement applies 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 variance will not impair the health, safety, comfort, morals or any other respect be contra to the intent of the Zoning Code. 12. The granting of such variance will not merely serve as a convenience to the applicant but is necessary to alleviate demonstrable difficulty. 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CR I, IDR e°e°PG• S \ e°S•Plc. e9•Plc C e°e°sba. ;.i7, . ..SII fr,it INSTALL TY MX I p ' C °IRE VENT 6A5 GREAT ROOM S \ n LV.RWboa - [ ^ L y°oo • v \ iV� ,s II GAS S .-KITCHEN III z sq.Pe 2.4 gme NALL BELori a b -1 �� a ram 1 \ A 11 Y 10 Y•°PIG SILL 0' AR I ® 9GTI°H e •e'-e•AMP.I :. VW AK, L s• III i \ AB,.IbtlN6 II .."' '' i °m .. . 6 1°�. 5' .-{252,4 rrs�—'••. Rill III \ \ re it . ... _ f61.was py��-Q�= .Y \m\ '�..]'B°' 1 . :.. - 2..c.' 4III c TS PER\ R 9 Se eWRO I 4.O r49 4b 49. .4.-0. 6.-o. E1,0 4,b. 1 �-w2. Vg§ R ANP � � Y R 9 IY� I i t __ SEAM. ... i m ��' •90. -"_ :-- -- J n MALL ABV. • \ P� d I ' TO IP,4IO T...] '' Yb° Tr, I I 1 f vern“. II ii . !it= .. ... S s "°R I I "p_ a \ 9d VI V :4e41r care.:. LHDINe AREA LONER FLOOR. M MAIN FLOOR L Ab 4 FLOOR. ,, bb' // 9-0• A 9 2' , T4• I 4b• TOTAL IlAIm. Ib' bd IZ4 eP 2 PLAN NOTES: .• " MLR AMA. OR WALL VERIFYALL Np1E5, / bb• , ZOb• CWBIm ARG >1.5 •CONDIT..PRIOR TO .TION. "°°°R'A'' ""'G'�'5 MAIN FLOOR ELAN •MAILS TO�2m STA°.W'OL. 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GONTRAGTOR SHALL VERIFY ALL NOTES, i DIMENSIONS t CONDITIONS PRIOR TO CONSTRUCTION. 2. WINDOWS 4 DOORS ARE 5440414 5 NOTED AS NOMINAL SIZES. 5. EXTERIOR WALLS TO BE 2,6 STUDS Y 16'O.G. U.N.O. 4. SOFFIT D0414 AREAS ARE SHADED. 5. ■INDICATES POINT LOAD SUPPORTED BY(2) M.F. STUDS,U.N.O. 6. PROVIDE A VENTED WINDOW IN EACH HABITABLE ROOM.THE FOLLOWING,ARE NOT CONSIDERED HABITABLE ROOMS,BATHROOMS,TOILET ROOMS GLOSETS,HALLS,STORAGE OR.UTILITY SPADES AND SIMILAR- /. IMILAR7. SEE SHEET Al FOR ADDITIONAL NOTES. 5. SEE SHEET A2 FOR VENTILATION AND ALARM SCHEDULES. 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Iii 14 PROILI P E pi __j 3 pt! R Iu Z# ; '§ i 41 � y Ziol lido 1a1/1k — .o W_ n M9 S N D I S 3 Q Jau,6h,saU autoH frytunj .�n°A �NO1S2IO� 4085 Watertown Road,Orono, MN 55359 Variance Narrative Letter The following describes the variances requested for the building of a replacement structure at 4085 Watertown Road,Orono, MN 55359 (PID 3111823410005), a rural residential property. • Front Yard Setback(Orono, MN Code of Ordinances Sec. 78-395) The Zoning Chapter requires a 100'setback from the front (street)property line. In this case,the existing structure is 21'from Watertown Road. The property owners are requesting to build the new structure 37'from the front(street)property line in a best attempt to meet the code requirement. The existing septic drainage field prevents moving the new structure further back into the property from the front property line. • Side Yard Setback(East and West setbacks)(Orono, MN Code of Ordinances Sec.78-395) The Zoning Chapter requires a 50'setback from each adjacent side yard property line. In this case, the existing structure is sitting at an angle in the lot at 22-26.5'from the east property line and 25- 35'from the west property line (the lot line has an"'10'jog out on the northwest side,as well). The property owners are requesting to center the new structure on the lot and have selected a very narrow house design in a best attempt to meet the code requirement and have minimal impact to the existing setbacks. The east setback would move from 22-26.5'to 22'(house is straightened out)and the west setback moves from 25-35'to 23-32.5'. • Height Maximum(30 feet defined height). As the house design leverages a very narrow footprint, the design dictates an 8:12 pitch which creates an overall house height of 34' 7 11/16". The steeper roof design will fare better in the snowy Minnesota environment, improving ice melt and the prevention of ice patches and ice dams. Due to the unique dimensions of this lot, it is an unusual hardship for the property owner to create/modify a hospitable home and meet the required setbacks. The side yard setbacks total to 100' when the lot width, at its greatest, is only82.5'. The lot is smaller than most lots in the area,with the majority falling into the 2-4.99 acre and 5-9.99 acre categories with minimum widths greaterthan 300'. The owners have made great attempts at finding a house floorplan that has a very narrow footprint to make the overall impact to the setbacks as minimal as possible,architectural plans with a 28'width are rare! Additionally, the property owner consulted with their architect(Cornerstone Designs)to make modifications to the house plan to allow it fit into the landscape,slope and peculiarities of the lot dimensions (i.e. utilizing the 10'of extra width at the front of the property to accommodate a driveway and garage). Beyond the effort to minimize the footprint and setback impacts,the property owner also selected a design that will blend with the natural character and beauty of the surrounding homes:creating a design that reflects the farmhouse style in a rural community with neutral colors and stone veneers. The property owner surveyed neighboring properties taking note of style,colors, layouts and materiality. The property owner has made all efforts to retain large trees and existing natural landscape. There is a beautiful identity within the local community that we wish to uphold and restore in this particular location. The property owner has shared their building plans with adjacent neighbors and received acknowledgement forms and both written and verbal support. The neighbors have expressed gratitude for the thoughtfulness in the design and approach and welcome the improvement to the area. To Whom it Concerns, As neighbors to 4085 Watertown Road,we have received written notification of the building and variance plans from Jake Brown. Beyond the acknowledgement form signed,we want to include our expressed support for the project planned at 4085 Watertown Road. The improvement in value,curb appeal and overall image of the neighborhood are happily welcomed. We appreciate the effort of the new owners to choose a design that fits with the tone of the area, our homes, and with the difficult dimensional requirements of the lot. Please consider this letter in review of the plans proposed for 4085 Watertown Road by Jake Brown. t . chili Si ed Date Ci.alrfvw4 Address ADJACENT PROPERTY OWNERS'ACKNOWLEDGEMENT FORM I (we) mrna1ee ii. 3�11vchvk of_110s13L 4-e()Dori 1b [print name(s)] [print address] have reviewed the plans for the proposed improvemnatior on prNooposed use of the property located at yr S c�,,licfllu►�ry RQ also referred to as Land Use App licI (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 impro ement plans and that the proposed neighbor's project or use requires Council approval. J/ / 'ro+erty Own-r Date Property Owner Date If you have any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building&Zoning Office at least 10 days prior to the scheduled meeting date. Scanned with CamScanner To Whom it Concerns, As neighbors to 4085 Watertown Road,we have received written notification of the building and variance plans from Jake Brown. Beyond the acknowledgement form signed, we want to include our expressed support for the project planned at 4085 Watertown Road. The improvement in value,curb appeal and overall image of the neighborhood are happily welcomed. We appreciate the effort of the new owners to choose a design that fits with the tone of the area, our homes, and with the difficult dimensional requirements of the lot. Please consider this letter in review of the plans proposed for 4085 Watertown Road by Jake Brown. Amyx 510115,mi Signed I Date Address ADJACENT PROPERTY OWNERS'ACKNOWLEDGEMENT FORM I(we) r— Ll._l:NILF,EQG f 404-5 [print name(s)] 1 , [print address] have reviewed the plans for the proposed improvement or proposed use of the property located at `/OSS w4i6R.,14/14W 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. Arcr',411) Z- 1(v - 2-4Pr peDate erty 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 Scanned with CamScanner ADJACENT PROPERTY OWNERS' ACKNOWLEDGEMENT FORM I (we) of `fiaD [print name(s)] [print address] have reviewed the plans for the proposed improvement or proposed use of the property located at y0$,5- 444-zatz i az 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 p and s -nd that the proposed neighbor's project or use requires Council approval. 0402702 t'Egpscty 6 Date • -•151't . 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 Hennepin Hennepin County Locate & Notify Map Date: 2/17/2021 505 490 . """++ 4100 422` tttt i 1, CO• is 1 a. 7.1 I39011r.. _ a IA 0 o slt /o 4r„= 444` 3. 4925 3305 r no 392.5 Buffer Size: 500 0 50 100 200 Feet Map Comments: lit i l i i i l 4085 Watertown Rd. This data (i) is furnished 'AS IS' with no representation as to completeness or accuracy; (ii)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,inj.rry 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:02/17/2021 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM(PROPERTY OWNERS LIST) PAGE:1 38 31-118-23 14 0010 38 31-118-23 41 0015 JOHN S&KIMBERLY S PUCKETT MICHAEL R&MARY E PLANK 490 KOKESH FARM RD 38 ADDRESS UNASSIGNED ORONO MN 55359 ORONO MN 00000 JOHN S&KIMBERLY S PUCKETT MICHAEL R&MARY E PLANK 4100 WATERTOWN RD 327 NORTH CARRINGTON MAPLE PLAIN MN 55359 BUFFALO NY 82834 38 31-118-23 14 0011 38 32-118-23 32 0003 JOHN S&KIMBERLY S PUCKETT DAWN M BECK 4100 WATERTOWN RD 3965 WATERTOWN RD ORONO MN 55359 ORONO MN 55359 JOHN S&KIMBERLY S PUCKETT DAWN M BECK 4100 WATERTOWN RD 3965 WATERTOWN RD MAPLE PLAIN MN 55359 MAPLE PLAIN MN 55359 38 31-118-23 14 0012 J S PUCKETT&K S PUCKETT 505 ORCHARD PARK RD ORONO MN 55356 JOHN&KIMBERLY PUCKETT 4100 WATERTOWN RD MAPLE PLAIN MN 55359 38 31-118-23 41 0001 ADAM WESTLING 4040 WATERTOWN RD ORONO MN 55359 ADAM WESTLING 4040 WATERTOWN RD MAPLE PLAIN MN 55359 38 31-118-23 41 0003 DS&G S KELLENBERGER TRUST 4045 WATERTOWN RD ORONO MN 55359 DANA&GREGORY KELLENBERGER 4045 WATERTOWN RD MAPLE PLAIN MN 55359 38 31-118-23 41 0004 PAMMALEE M SAWCHUK 4105 WATERTOWN RD ORONO MN 55359 PAMMALEE M SAWCHUK 4105 WATERTOWN RD MAPLE PLAIN MN 55359 38 31-118-23 41 0005 CHRISTOPHER FRANK DALE 4085 WATERTOWN RD ORONO MN 55359 CHRISTOPHER FRANK DALE 4085 WATERTOWN RD MAPLE PLAIN MN 55359 38 31-118-23 41 0012 BRIAN SWANSON&AMY SWANSON 4025 WATERTOWN RD ORONO MN 55359 BRIAN SWANSON&AMY SWANSON 4025 WATERTOWN RD MAPLE PLAIN MN 55359 38 31-118-23 41 0013 M R&M E PLANK TRUSTEES 4145 WATERTOWN RD ORONO MN 55359 MICHAEL R&MARY E PLANK 327 N CARRINGTON AVE BUFFALO WY 82834-1615 38 31-118-23 41 0014 S HOLZSCHUH&K HOLZSCHUH 4115 WATERTOWN RD ORONO MN 55359 SHAWN HOLZSCHUH KIMBERLY HOLZSCHUH 4115 WATERTOWN RD 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. Date Application Received: February 17,2021 Date Application Considered as Complete:February 26,20211_O` YO 120-Day Review Period Expires: June 26,2021 To: Chair Ressler and Planning Commission Members y Ron Olson, Interim City Administrator `°� G1 4'FE s H From: Jeremy Barnhart,AICP Community Development Director Date: March 15, 2021 Subject: #LA21-000021,John Newell o/b/o Stephen and John Newell (Owners), 1485 Sixth Avenue N, Preliminary Plat Public Hearing Application Summary: The applicant is requesting preliminary plat approval to subdivide his 24.68 acre parcel into three buildable lots and a road outlot. Staff Recommendation: Planning Department Staff recommends approval, subject to: City Engineer comments Hennepin County and Watershed district approval Confirmation of two conforming septic sites. Background This project was the subject of a sketch plan in 2020 (LA20-000003). The proposal is consistent with the sketch plan. Three lots are proposed, each with access off of a proposed new private road that will intersect with County Rd 6 at the location of the existing driveway. The County has provided comments regarding the proposal, attached as Exhibit I. No access onto County Rd 6 is proposed or supported. The private road serving the development will terminate in a conforming cul de sac approximately 540 feet from its intersection with County Rd 6. Off of this cul de sac will be one driveway serving three existing lots. This is no change from the current condition. If it is determined that a variance is necessary,this variance will be processed with the Final Plat. Each of the lots will be serviced by on-site septic systems; septic reports have been provided. The Commission previously suggested connection to municipal sanitary sewer service;while the property is in the Service Area and therefore eligible,the property does not fall under the parameters for required connection as in the opinion of staff, the sanitary sewer is not readily accessible,the infrastructure is not immediately adjacent to the subject property. Each lot will be served by an on-site well. There is currently one home on the property. After subdivision,this structure will be remain conforming, and located within lot 2. FILE#LA21-21 March 15,2021 Page 2 of 3 The site is dominated by natural features. A tributary(Long Lake Creek)serving Long Lake runs through the property. Long Lake has been identified as an 'impaired water'and the creek is part of the strategy to improve water quality. The Watershed District has provided comments regarding these strategies. A pond/wetland complex is adjacent to this tributary, impacting the configuration of lots 1 and 3. There is a 75 foot buffer from the wetlands on the east side of the road, and a buffer of 40 feet on the west side. There are additional wetlands on lot 2. Buffers for these wetlands are 30-40 feet wide, per Watershed regulations. The applicant notes that the Maple, Basswood, and Oak forest south of the creek is not proposed to be impacted by the subdivision. The area north of the creek,while wooded, is largely made up of trees less than 6 inches in diameter. Discussed during the sketch plan phase,the Council waived the requirement for a Conservation design plan, in lieu of a plan identifying substantial trees greater than 6 inched in diameter. Consistent with City policy, no activity is proposed in the area of these trees, a tree survey was not deemed necessary in areas where no work is proposed. The Commission may require a comprehensive tree inventory. Analysis All lots are within the LR-1A zoning district,where 2.0 acres of dry-buildable area, and 200 feet of frontage are required. The subject parcel is in Tier 1 of the Stormwater Quality Overlay district, and upon subdivision, each lot is likely to remain Tier 1,which allows up to 25% lot coverage. Tier assignments will be confirmed at Final Plat. Lot Configuration Lot 1 is 3.49 gross acres, and 3.25 acres dry. Lot frontage is well over 400 feet. There is adequate opportunity for conforming septic and new home sites without impacting setbacks and buffers. Lot 2 is the existing home. It is proposed to be 17.2 acres gross, and 10.79 acres dry. The width is approximately 235 feet,though this dimension should be confirmed prior to Council. Lot 3 is 3.04 acres, 2.98 acres dry, and has more than 400 feet of frontage. There is adequate opportunity for conforming septic and new home sites without impacting setbacks and buffers. Stormwater. Stormwater is proposed to be treated in small areas scattered through the project. Stormwater management techniques are subject to approval by the city engineer and the watershed district. The City Engineer's comments are provided as Exhibit H, and the Watershed's as Exhibit J. The County has requested additional right of way to provide for 50' of ROW along the southern half of the road. Support for these ROW acquisitions supports long term Transportation projects that benefit Orono residents. As noted above,this property is an important strategic part of the overall Long Lake Improvement project, and the watershed district has provided additional comments. Staff recommends that the project be approved subject to those comments. Landscaping. The proposal includes a landscaping plan,where a number of trees are required based on the length of the road. The landscaping plan is provided as Exhibit D. FILE#LA21-21 March 15,2021 Page 3 of 3 Fees Fees based on the 2021 Fee schedule and the addition of 2 lots include: Unit fee x Units = Total fee Stormwater Trunk Fee $ 8,060.00 2 $ 16,120.00 Based on acres Park dedication $ 5,550.00 2 $ 11,100.00 Total Fees $ 27,220.00 These fees will be due prior to release of the Final Plat. Engineer Comments City Engineer comments are attached as Exhibit H. Staff recommends any approval be subject to these comments. Public Comments To date, no public comments have been received. Issues for Consideration 1. Are there any issues or concerns with this application? Planning Staff Recommendation Planning Staff recommends approval of the preliminary plat,subject to the following: City Engineer Comments Watershed District Comments County transportation comments Confirmation of two septic sites for each lot. List of Exhibits Exhibit A. Application Summary Exhibit B. Preliminary Plat Exhibit C. Grading and Road Plan Exhibit D. Landscape Plan Exhibit E. Erosion Control/SWPPP Plan Exhibit F. Narrative Exhibit G. Hardcover worksheets Exhibit H. City Engineer Comments Exhibit I. County Transportation Comments Exhibit J. MCWD Comments Exhibit K. Sec. 82-223 Sewerage Requirements Exhibit L. Mailing information Land Use Application Summary Application Date: 02/17/2021 Address: 1485 6th Orono, MN 55356 Parcel Number: 2611823330029 Land Use Number: LA21-000021 Application Submitted By: Property Owner Owner: Name: STEPHEN L NEWELL Address: JOHN E NEWELL 1485 SIXTH AVE N LONG LAKE, MN 55356 Applicant: Name: John Newell Company: Address: 1485 Co. Rd. #6 Orono, , MN 55356 Jenewelll 000@gmail.com Contact Information: Associated Contact: Mark Gronberg Associated Contact: Mark Gronberg markg@gronbergassoc.com Associated Contact: Mark Gronberg markg@gronbergassoc.com Associated Contact: Project Description: Subdivision Land Use Application Type: Amendmend Application .. 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NY.1 N%I5301530 0[NV15 1190333 311 1031131.6 43X1'AdVS3J30 SY 53303..10301 03/110110 0 0111 031 N 110038 TVH$ 330004tl15N 10X1000 110500 1111 2 OW'1083033'31015 TO 11..3 51.30831.3131010.411 130 ON 0531190 1183044 0011331450 01 5011 0301001 30 1503 01100 50001 6L 30X00011IHI 0131014831011 114H50L3800 3-10918 11.'130 3115 3110 5313Wtl33d 311 5300300 5350041 'Y 055.O311Y15II 39 150103503114 55 3.033 115 01011 Al 0/30 511 531]0515 03 ANP Ot 85083 315-3310 0050.3 '9 1081003 1N311QE310N 1N05083 115330 00030 9355 311803 90133541 31 '53110V 06'1 38 11M 3001115 1]31084 01 1301038.NOW 50011.1340 10811103 01!181 TY 03084 11.05 1031191 301 50013213310 M3N 31'53630 590 5 316 511/403 01315 511014331 011503 311 Z '1.055031 50 5305300 14301 80'1083033'31415 83X10 ANY 0'43/80'00 3X1 0.J ip 51/11311,18/21,15.13,1,0E„..04100000„3018.31 87„10,0101.35M1133035133:15,4311113°41s1.1391,1%140,,1.1 431 31111tl44 (313'31853'34014 5..'.1413313)NOI151151551 11311'10 5311031 Zl 9Z 98305111101 P0131015 03 500'1105 'Y 311 031JO415NO3 0 Ol S3PMS Oltl 53(0,30110!001 ON5 111931190 301503 N. 003.1130011108MONtl N 0.11.13138,101403110180100135103 .510 53048.31419 0 5001111319'5133.15 O1N 0050113 5 311'5101 33X1 O1N 01131 0108 10811 011503 310 10 515150031 156800 1331004/ V3OSHNNINI 'LSNII03 NIdRNNHH C2-9TI-92 'OSS dO T'/I MS aI L NI RDGIZIEE JNOrI Od NVid NOLLNHAN 1d NOLLII'I'IOd 2IHJ,VA&JV1OJ S LONG BRIDGE NARRATIVE JOHN & STEVE NEWELL >>On Feb 25,2021,at 3:30 PM,John Newell<jenewe111000@gmail.com>wrote: >>Planning department of Orono, >>This is a request for a subdivision of two lots,out of the 26.12 acres we currently own. The lots,on the frontage of 6th Ave. N.are both 3+Acres.Both have been approved for septic,and are gentile sloping lots,with a majority of vegetation being red cedar,sumac, and buckthorn, none over the age of 30 years old,when the land was formally, farmed in hay. >>Our intent is to upgrade the existing driveway,to a private roadway, »by adding additional width, and a culdesac.All runoff to be contained in rain gardens.We are projecting the lots will be listed in the high$500,000.00,low$600,000.00 per lot.The structures are to be period homes, consisting of a walkout, and a story and a half. Price point between 1, and 2 million in value.Construction starting spring of 2021,with the approval from the city. >>The 17.2 acres, left,are to remain with the existing home, and are unaltered. >>Our plan is to donate-the 8.5 acres of wetlands to the watershed district. Leaving approximately 8 acres. >>Thank you for your consideration,of this subdivision. »John and Steve Newell »Sent from my iPhone 1 City of Orono Hardcover Calculation Worksheet oit Property Address: /y83 )../x 7#5, A 1/E, 40„0Pre Prepared b y: ' Date: P GRa,vyF2G r. 4J: 0C/ 71'I, /.t. 2-25-2/c. Stormwater Quality Overlay District Tier: (Circle one) imp Tier 2 Tier 3 Tier 4 Tier 5 Step 1:(EXISTING HARDCOVER P, 0P O/E'D L OT 2, BG, /, L 4,t1G 8A i 0 GF (F)ein; y4cl1'f ter) In the following tablei en i aritems of existing hardcover on the property, keyed by letter to Certificate of Survey (survey must accompany this form). Use as many lines as necessary to accurately depict existing hardcover status of the property. For Tier 1 properties, identify any features by letter which are split at the 75' setback line and calculate hardcover square footage separately for each portion. Key to Total Hardcover Item(Describe) Length x Width S uare Feet) ( q (Example) (Garage) (24'x 30') (720 S.F.) A .X/Gril'F 532 0 S.F. B OArtir /6, SS o S.F. C t,v,[L/( /2 O S.F. D 047ro/' Goo S.F. E AccKS F S 2 o S.F. 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. O S.F. P S.F. O S.F. R S.F. S S.F. T S.F. S.F. V S.F. W S.F. X S.F. Y S.F. Z S.F._ (1) Total Existing Hardcover 23, y/0 S.F. Excludable Hardcover(See City Code Sec 78-1664): S.F. S.F. S.F. S.F. S.F. (2) Total Excludable Hardcover 0 S.F. (3) Net Existing Hardcover [Subtract line(2)from line(1B 2 3, W0 S.F. (4) Total Lot Area /7..20 SAc,x 4/1,5 SF/,fc. 7Y9,2.32 S.F. Proposed Hardcover Percentage [(3)+(4)] .3, 12 (Proposed Hardcover next page) This is an information packet regarding Hardcover. Every effort has been made to insure the accuracy-of the information contained herein; however,if any information is not consistent with provisions of the City Code,the Code provisions will prevail. Page 8 of 9 BOLTON 2638 Shadow Lane f'\ Suite 200 & MENK Chaska, MN 55318-1172 Real People. Real Solutions. Ph: (952)448-8838 Fax: (952)448-8805 Bolton-Menk.com March 1, 2021 City of Orono Attn: Jeremy Barnhart 2750 Kelley Parkway Orono,MN 55356 RE: Preliminary Plat Application Long Bridge Engineering Review#1 Dear Jeremy: As requested,I have completed an engineering review of the revised documents submitted for the above referenced project. We offer the following observations,comments,and recommendations for your consideration: 1. Four dry retention basins are proposed for stormwater runoff management to meet regulatory requirements. The following must be considered regarding stormwater management: a. Per City requirements,the proposed stormwater management system must limit proposed peak runoff rates to that of existing for the 1, 10,and 100 year—24h hour events. Per NPDES requirements,the system must also treat the water quality volume,calculated as 1" times the sum of new and fully reconstructed impervious surface.If infiltration is prohibited as outlined by NPDES requirements,a wet sedimentation basin or filtration basin may be utilized. b. Based on suspected soil conditions and the submitted calculations,site soils do not seem conducive for infiltration. If infiltration is not possible due to site soils,volume control will not be required per NPDES requirements,but the water quality volume must still be treated.A permanent volume must be provided below the outlets for each basin to treat this volume. If using filtration,an underdrain must be installed with the basins to ensure complete drawdown between rainfall events. In addition,filtration basins should be located a minimum 3' above the water table to ensure proper functionality. c. Per City requirements to track TMDLs and reduce loads to meet required Waste Load Allocations,the calculations for Total Suspended Solids(TSS)and Total Phosphorus(TP) loading must be provided. d. Facilities necessary for the ultimate development(street construction, sewer,basins,etc.) must be installed and the site mass-graded at the same time as street construction to ensure all drainage ways,watersheds,and runoff management systems are constructed per the approved Stormwater Management Plan and are sized adequately for proposed improvements. e. An 8' wide bench must be provided around each basin to provide access to the outlet and for basin maintenance. f. Basins must be permanently vegetated prior to issuance of any building permits. g. Native vegetation should be utilized in basins and wetland buffers. B:\ORNO\Surface Water Management\MS4 Administration\MCM-5_Post-Construction Stormwater Management\2_Site Plan Reviews\Long Bridge\Long Bridge_PrePlatReview 2021-03-01.docx Bolton&Menk is an equal opportunity employer. Preliminary Plat Application Long Bridge Page 2 h. An impervious surface exhibit must be provided to verify areas match the calculations. The exhibit must indicate existing and proposed impervious surfaces. i. Curb,gutter, and a spillway must be provided on the east side of the road at the entrance to direct runoff to the basin,or the Drainage Area Map and calculations should be revised to indicate runoff from this area bypassing Basin#4. j. A stormwater management plan outlining how the proposed improvements will meet all requirements must be submitted for review prior to Preliminary Plat approval to ensure adequate siting is available for required facilities. 2. The weir for Wetland A and the culvert under the driveway for Long Lake Creek must be indicated on the plan. 3. Final Plans must include the following: a. Grading,Drainage,and Erosion Control Plan b. Street Construction Plan c. Utility Plan d. Landscape and Restoration Plan e. SWPPP meeting NPDES requirements 4. The applicant will be required to obtain Minnehaha Creek Watershed District(MCWD) approval and permitting. An existing access route to the Wetland A weir is located on the northeast side of the wetland. This access route should be confirmed as adequate with MCWD. A copy of any approvals or permits required must be submitted prior to Final Plat approval. 5. The applicant will be required to obtain a General Construction Permit(NPDES)to discharge stormwater associated with construction activity since more than 1 acre will be disturbed. A copy of the permit must be submitted prior to any land disturbing activity. 6. The applicant will be required to obtain Hennepin County approval and permitting for connection to County Road 6. A copy of any approvals or permits required must be submitted prior to Final Plat approval. 7. A variance will be required to allow a driveway approach serving more than two lots. The driveway for Lot 2 also serves 1305 and 1405 Sixth Avenue North. In addition,an Access Easement should be established over the driveway across Lot 2 and recorded with the Final Plat per the City's approval process. 8. Since this parcel is in the Metropolitan Urban Service Area(MUSA),the lots are eligible for connection to the municipal sanitary sewer system. The most likely connection point would be on the south side via a low-pressure force main system. Additional discussion with the City regarding sanitary service should be undertaken to determine viability of municipal service. 9. The applicant will be required to submit a Maintenance Agreement for all stormwater management structures and facilities. The agreement must define maintenance responsibilities following completion of project, specify types and frequencies of inspection and maintenance activities, designate who will conduct inspection and maintenance activities,and outline reporting requirements. The Agreement will be recorded with the County per the City's approval process. 10. Drainage and Utility Easements msut be provided as follows: a. Over all sanitary forcemain. b. Over all stormwater management facilities used to meet regulatory requirements,including access routes. c. Over all wetlands, creeks,and buffers, including existing access route to the Wetland A weir on northeast side of wetland). d. All swales, structures,and piping providing drainage for multiple properties(including the weir for Wetland A and the culvert for Long Lake Creek under the shared driveway). e. 5' along all side lot lines,unless adjacent to Development boundary. f. 10' along all front lot lines,rear lot lines,and adjacent to Development boundary. H:\ORNO\Surface Water Management\MS4 Administration\MCM-5Post-Construction Stormwater Management\2 Site Plan Reviews\Long Bridge Long Bridge_PrePlatReview 2021-03-01.docx Bolton&Meek is an equal opportunity employer. Preliminary Plat Application Long Bridge Page 3 If you have any questions or comments,please contact me to discuss. Sincerely, Bolton&Menk,Inc. J9C3''lteidG Robert E.Bean,Jr.,P.E. Water Resources Engineer CC: Adam Edwards,Director of Public Works/City Engineer H:\ORNO\Surface Water Management\MS4 Administration\MCM-5Post-Construction Stormwater Management\2_Site Plan Reviews\Long Bridge\Long Bridge_PrePlatReview 2021-03-01.docx Bolton&Menk is an equal opportunity employer. HENNEPIN COUNTY MINNESOTA March 10, 2021 Mr.Jeremy Barnhart, AICP Community Development Director City of Orono 2750 Kelley Parkway Orono, MN 55356 Re: Preliminary Plat Review— Newell Plat/ 1485 6th Avenue North (Received 02/19/21) County State Aid Highway (CSAH) 6 (6th Avenue North) Hennepin County Plat Review ID#3812A (Reviewed 02/23/21) Mr. Barnhart: Please consider the following county comments for this preliminary plat proposal subdividing 1485 6th Avenue North into three single-family properties. Access: Pending demonstration of sufficient entering sight distance, we accept the continued use of this driveway as is along CSAH 6. This can be coordinated with our permitting staff. Additionally, should the gravel driveway on the western edge of the site serve no public purpose, we request it be removed and regraded to proper ditch drainage. Right-of-way: We request dedication of 17-feet of right of-way to match a 50-foot half section along CSAH 6. Additionally, we request dedication of a 10-foot drainage and utility easement needed to maintain the drainage pipe on the far northwest corner of the pond along CSAH 6. Storm Water/Drainage: The county storm water system will not take water from new drainage areas.The site needs to internally capture any additional stormwater runoff. Additional treatment may be needed if flow rates cannot match existing. Contact:Drew McGovern at 672-596-0208 or drew.mcgovern@hennepin.us Permits: Please inform the developer that all construction within county right-of-way requires an approved Hennepin County permit prior to beginning construction. This includes, but is not limited to, driveway and street access, drainage and utility construction, trail development, and landscaping. Contact: Michael Olmstead, Permits Coordinator at 672-596-0336 or michael.olmstead@hennepin.us Please contact Jason Gottfried: 672-596-0394,jason.gottfried@hennepin.us for further discussion. Sincerely, Carla Stueve, PE, PTOE County Highway Engineer Hennepin County Transportation Project Delivery Public Works Facility, 1600 Prairie Drive, Medina, MN 55340 Hennepin 612-596-0300 I hennepin.us From: Grace Barlow To: Jeremy Barnhart Subject: 1485 6th Ave,Orono-MCWD Preliminary Comments Date: Monday,March 8,2021 2:56:16 PM Jeremy, Good afternoon!This email is a follow up to my voicemail from earlier and as a response to the comment request for the above referenced address. Yes,the District does have interest in this site regarding potential water quality improvements-The property includes a regional stormwater pond that the District built in the '90s,which we are interested in potentially retrofitting.The easement was never recorded,so we are hoping to address that through this subdivision process. From a pure permit standpoint,the proposed project would require review under the District's Erosion Control, Stormwater Management, and Wetland Protection rules. No application has been submitted to the District at this point, however the sooner that we are able to coordinate with the property owner prior to their submittal the better before plans become too solidified. Please feel free to contact me with any other questions-Thanks! Grace Barlow I Permitting Technician I Minnehaha Creek Watershed District 15320 Minnetonka Boulevard I Minnetonka, MN 55345 I Office:952-641-4518 Sec. 82-223. - Sewerage facilities. (a) General requirements.Where public sanitary sewer is available, the subdivider shall install sanitary sewer facilities in a manner prescribed by the city's construction standards, specifications and provisions of this Code. All plans shall be designed in accordance with the rules, regulations and standards of the city, state health department, and other appropriate agencies. (b) Connection. Where a public sanitary sewerage system is reasonably accessible, the applicant shall connect the system and provide sewers accessible to each lot in the plat. (c) Central system. In the Metropolitan Urban Service Area (MUSA), where public sanitary sewerage systems are not reasonably accessible but will become available within a reasonable time (not to exceed 15 years), the applicant may choose a central sewerage system. The maintenance cost shall be assessed against each property benefited. Where plans for future public sanitary sewerage systems exist,the applicant shall install the sewer lines, laterals and mains to be in permanent conformance with such plans and ready for connection to such public sewer mains. (d) Septic system. In the MUSA, and where sanitary sewerage systems are not reasonably accessible and will not become available for a period in excess of 15 years, the applicant may install a sewerage system in accordance with chapter 58, article II. (e) Design criteria for sanitary sewers. (1) Generally.These design criteria are not intended to cover extraordinary situations. Deviations will be allowed and may be required in those instances where considered justified by the city. (2) Design factors. Sanitary sewerage systems should be designed for the ultimate tributary population. Due consideration should be given to the community management plan. Sewer capacities should be adequate to handle the anticipated maximum hourly quantity of sewage and industrial waste together with an adequate allowance for infiltration and other extraneous flow. Sewers shall be designed in accordance with standards and specifications approved by the city. (Ord. No. 248 3rd series, § 1, 9-14-2020) Hennepin Hennepin County Locate & Notify Map Date: 2/17/2021 d. ha' P{c ,ei ti i IIIINFP 1 4 ron c 'di • 11111,11111111r ill S� EE�i�Vl I,- "(00.00(1, - (t) Buffer Size: 500 0 100 200 400 Feet Map Comments: 111111111 1485 6th Ave.N. This data () o furnished 'AS IS with no representation as to completeness or accuracy; (i)is furnished with no warranty of any khd; and (ii) is notsuitable for legal, engheering 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:02/17/2021 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM(PROPERTY OWNERS LIST) PAGE:1 38 26-118-23 310004 38 26-118-23 32 0006 38 26-118-23 33 0005 CLARENCE L COFFINDAFFER DARIN L HILL MICHAEL A STEWART 1300 SIXTH AVE N 1580 SIXTH AVE N 1520 LONG LAKE BLVD ORONO MN 55356 ORONO MN 55356 ORONO MN 55356 CLARENCE L COFFINDAFFER DARIN L HILL MICHAEL A STEWART P.O.BOX 757 1580 SIXTH AVE N 1520 LONG LAKE BLVD LONG LAKE MN 55356 LONG LAKE MN 55356 LONG LAKE MN 55356 38 26-118-23 310010 38 26-118-23 32 0007 38 26-118-23 33 0006 W E BOHACH&S BOHACH J J SCHWINGLER/J SCHWINGLER G J FLAHERTY&T J JORDAN 1330 SIXTH AVE N 1550 SIXTH AVE N 1530 LONG LAKE BLVD ORONO MN 55356 ORONO MN 55356 ORONO MN 55356 WALLACE E&SUSAN BOHACH JON J SCHWINGLER GLEN J FLAHERTY 1330 COUNTY RD 6 JULZ SCHWINGLER 400 EAST LAKE ST LONG LAKE MN 55356 1550 SIXTH AVE N MINNEAPOLIS MN 55408 LONG LAKE MN 55356 38 26-118-23 31 0011 38 26-118-23 32 0008 38 26-118-23 33 0007 R A JAMES JR&S M RAMIER DANIEL J GULBRANDSON ET AL RACHEL ANN CARPENTER 1075 KNOLL MANOR RD 1480 SIXTH AVE N 1540 LONG LAKE BLVD ORONO MN 55356 ORONO MN 55356 ORONO MN 55356 R A JAMES JR&S M RAMIER DANIEL J GULBRANDSON RACHEL ANN CARPENTER 1075 KNOLL MANOR RD ERIKA L GULBRANDSON 1540 LONG LAKE BLVD LONG LAKE MN 55356 1480 SIXTH AVE N LONG LAKE MN 55356 LONG LAKE MN 55356 38 26-118-23 31 0012 38 26-118-23 32 0014 38 26-118-23 33 0008 T T MORRISON JR/D L MORRISON J W BOLTE&J SIMONTON BOLTE MICHAEL J FEY/STACHIA L FEY 1100 KNOLL MANOR RD 1460 TANGLEWOOD RD 1570 LONG LAKE BLVD ORONO MN 55356 ORONO MN 55356 ORONO MN 55356 THOMAS T MORRISON JR JERRY W BOLTE MICHAEL J FEY/STACHIA L FEY DANA L MORRISON 1460 TANGLEWOOD RD 1570 LONG LAKE BLVD 1100 KNOLL MANOR RD LONG LAKE MN 55356 LONG LAKE MN 55356 LONG LAKE MN 55356 38 26-118-23 310013 38 26-118-23 32 0015 38 26-118-23 33 0012 P SWANSON&A SWANSON A W WILLANDER/M L WILLANDER J E BIGHAM&C A BIGHAM 1080 KNOLL MANOR RD 1450 TANGLEWOOD RD 1545 LONG LAKE BLVD ORONO MN 55356 ORONO MN 55356 ORONO MN 55356 PETER&ANGELA SWANSON AARON&MICHELLE WILLANDER JAMES&CYNTHIA BIGHAM 1080 KNOLL MANOR RD 1450 TANGLEWOOD RD 1545 LONG LAKE BLVD LONG LAKE MN 55356 LONG LAKE MN 55356 LONG LAKE MN 55356 38 26-118-23 310014 38 26-118-23 32 0016 38 26-118-23 33 0014 KELLY ANN CARGILL JON&JULZ SCHWINGLER ET AL RABIH NAHAS/WILLIAM C SHARP 1040 KNOLL MANOR RD 38 ADDRESS UNASSIGNED 1535 LONG LAKE BLVD ORONO MN 55356 ORONO MN 00000 ORONO MN 55356 KELLY ANN CARGILL JON J&JULZ M SCHWINGLER RABIH NAHAS 1040 KNOLL MANOR RD 1550 CO RD NO 6 WILLIAM CLAYTON SHARP LONG LAKE MN 55356 ORONO MN 55356 1535 LONG LAKE BLVD LONG LAKE MN 55356 38 26-118-23 31 0015 38 26-118-23 32 0020 38 26-118-23 33 0016 T T MORRISON JR ET AL STATE OF MINNESOTA M J DIERINGER/T J DIERINGER 38 ADDRESS UNASSIGNED 38 ADDRESS UNASSIGNED 940 DAKOTA AVE ORONO MN 00000 ORONO MN 00000 ORONO MN 55356 THOMAS T MORRISON JR DNR REAL ESTATE MGMT MATTHEW J DIERINGER DANA L MORRISON TAX SPECIALIST BOX 30 TAMI J DIERINGER 1100 KNOLL MANOR RD 500 LAFAYETTE RD 940 DAKOTA AVE LONG LAKE MN 55356 ST PAUL MN 55155 LONG LAKE MN 55356 38 26-118-23 31 0016 38 26-118-23 33 0001 38 26-118-23 33 0017 T T MORRISON JR ET AL J W GARDNER&A L GARDNER M E LIEBSCH&M M LIEBSCH 38 ADDRESS UNASSIGNED 1486 LONG LAKE BLVD 920 DAKOTA AVE ORONO MN 00000 ORONO MN 55356 ORONO MN 55356 THOMAS T MORRISON JR ANITA L GARDNER MATTHEW&MARYBETH LIEBSCH DANA L MORRISON 1486 LONG LAKE BLVD 920 DAKOTA AVE 1100 KNOLL MANOR RD LONG LAKE MN 55356 LONG LAKE MN 55356 LONG LAKE MN 55356 38 26-118-23 31 0018 38 26-118-23 33 0002 38 26-118-23 33 0018 JEANINE MICHELE GRUBER TRYGVE REAGIN BJORGEN J LUCKING&R LUCKING 1065 TAMARACK DR 1490 LONG LAKE BLVD 900 DAKOTA AVE ORONO MN 55356 ORONO MN 55356 ORONO MN 55356 JEANINE MICHELE GRUBER TRYGVE BJORGEN JESSE LUCKING 1065 TAMARACK DR 1490 LONG LAKE BLVD REBECCA LUCKING LONG LAKE MN 55356 LONG LAKE MN 55356 900 DAKOTA AVE LONG LAKE MN 55356 38 26-118-23 32 0005 38 26-118-23 33 0004 38 26-118-23 33 0019 AURTHUR F SCHLOBOHM IV ET AL YURIY&MARYNA KOSOVAN T J HARRISON&J M ALBAUGH 1540 SIXTH AVE N 1516 LONG LAKE BLVD 880 DAKOTA AVE ORONO MN 55356 ORONO MN 55356 ORONO MN 55356 AURTHUR F SCHLOBOHM IV YURIY&MARYNA KOSOVAN T J HARRISON&J M ALBAUGH 1540 SIXTH AVE N 1516 LONG LAKE BLVD 880 DAKOTA AVE LONG LAKE MN 55356 LONG LAKE MN 55356 LONG LAKE MN 55356 RUN DATE:02/17/2021 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM(PROPERTY OWNERS LIST) PAGE:2 38 26-118-23 33 0020 38 26-118-23 33 0033 38 35-118-23 22 0006 JANET M BENWAY TRUST T E EPLEY&R K EPLEY J C CERNY JR&I 0 CERNY 884 DAKOTA AVE 1525 SIXTH AVE N 1405 SIXTH AVE N ORONO MN 55356 ORONO MN 55356 ORONO MN 55356 KEITH J GASNER TODD E EPLEY JOSEPH C CERNY JR JANET M BENWAY REBECCA K EPLEY INGER 0 CERNY 884 DAKOTA AVE 1525 SIXTH AVE N 1405 SIXTH AVE N LONG LAKE MN 55356 LONG LAKE MN 55356 LONG LAKE MN 55356 38 26-118-23 33 0021 38 26-118-23 34 0004 BAYRON A CALDERON JAMES G DAYTON&M M DAYTON 888 DAKOTA AVE 1305 SIXTH AVE N ORONO MN 55356 ORONO MN 55356 THE WELLSWOOD GROUP LLC JAMES G&MEGAN M DAYTON 1444 BALDUR PARK RD 1800 IDS CENTER WAYZATA MN 55391 80 SOUTH EIGHTH STREET MINNEAPOLIS MN 55402 38 26-118-23 33 0022 38 26-118-23 34 0007 S R KNUTSON&J A KNUTSON JOHN HOGAN JRJKIMBERLY HOGAN 908 DAKOTA AVE 1245 SIXTH AVE N ORONO MN 55356 ORONO MN 55356 SCOTT R&JULIE A KNUTSON JOHN A HOGAN JR 908 DAKOTA AVE N KIMBERLY J HOGAN LONG LAKE MN 55356 1245 6TH AVE N ORONO MN 55356 38 26-118-23 33 0023 38 26-118-23 34 0008 T&K STEINKE J&M ROTONDO 910 DAKOTA AVE 1295 SIXTH AVE N ORONO MN 55356 ORONO MN 55356 THOMAS A&KARI A STEINKE JOHN&MADONNA ROTONDO 245 14TH AVE N 1295 SIXTH AVE N HOPKINS MN 55343 LONG LAKE MN 55356 38 26-118-23 33 0024 38 26-118-23 34 0010 MARK KLINGELHOETS ET AL WHITE OAKS HOMEOWNERS ASSOCT 930 DAKOTA AVE 1297 SIXTH AVE N ORONO MN 55356 ORONO MN 55356 MARK KLINGELHOETS WHITE OAKS HOMEOWNERS ASSOCT GWEN KLINGELHOETS 1245 COUNTY RD 6 930 DAKOTA AVE LONG LAKE MN 55356 LONG LAKE MN 55356 38 26-118-23 33 0025 38 35-118-23 22 0001 D S HOLMES JR&H HOLMES KURTIS A GREENLEY&WIFE 950 DAKOTA AVE 1485 LONG LAKE BLVD ORONO MN 55356 ORONO MN 55356 DOUGLAS S HOLMES JR KURTIS A GREENLEY HANNA HOLMES 1485 LONG LAKE BLVD 950 DAKOTA AVE LONG LAKE MN 55356 LONG LAKE MN 55356 38 26-118-23 33 0026 38 35-118-23 22 0002 T J JORDAN&G J FLAHERTY LINDA DRISCOLL TAMOSUINAS 1590 LONG LAKE BLVD 1525 LONG LAKE BLVD ORONO MN 55356 ORONO MN 55356 GLEN FLAHERTY LINDA DRISCOLL TAMOSUINAS 400 EAST LAKE ST 1525 LONG LAKE BLVD MINNEAPOLIS MN 55408 LONG LAKE MN 55356 38 26-118-23 33 0027 38 35-118-23 22 0003 ANITA&KEITH VANDENBRANDEN T C BERGSTROM/K A BERGSTROM 1480 LONG LAKE BLVD 1509 LONG LAKE BLVD ORONO MN 55356 ORONO MN 55356 ANITA&KEITH VANDENBRANDEN THOMAS C BERGSTROM 1480 LONG LAKE BLVD KATHRYN A BERGSTROM LONG LAKE MN 55356 1509 LONG LAKE BLVD LONG LAKE MN 55356 38 26-118-23 33 0029 38 35-118-23 22 0004 STEPHEN L NEWELL TRUST ET AL YUEHCHUAN KUNG 1485 SIXTH AVE N 1505 LONG LAKE BLVD ORONO MN 55356 ORONO MN 55356 STEPHEN L NEWELL YUEHCHUAN KUNG JOHN E NEWELL 1505 LONG LAKE BLVD 1485 SIXTH AVE N LONG LAKE MN 55356 LONG LAKE MN 55356 38 26-118-23 33 0032 38 35-118-23 22 0005 CAROL J CAJACOB K R&A M VANDENBRANDEN 1600 LONG LAKE BLVD 1465 LONG LAKE BLVD ORONO MN 55356 ORONO MN 55356 CAROL JEAN CAJACOB KEITH&ANITA VANDENBRANDEN 1600 LONG LAKE BLVD 1480 LONG LAKE BLVD LONG LAKE MN 55356 LONG LAKE MN 55356 Hennepin County has developed electronic forms of certain property information databases.Hennepin County makes reasonable efforts to produce and publish the most current property information available.The viewer should understand,however,that Hennepin County makes no representation or warranties,either express or implied,or as to merchantability or fitness for a particular purpose regarding the accuracy and/or completeness of the information contained herein. Date Application Received: 02/18/2021 Date Application Considered as Complete:03/01/2021 sL Q 60-Day Review Period Expires: 04/30/2021 y To: Chair Ressler and Planning Commission Members ,-14)1)1111 Ron Olson, Interim City Administrator � 4kEsHG0' From: Laura Oakden Planner Date: March 15, 2021 Subject: LA21-000022,Alliance Builders o/b/o Efim Shukalovich, 15 Stubbs Bay Road, PID 3211823340006,Variances, Public Hearing Application Summary: The applicant is requesting side yard setbacks. Staff Recommendation: Planning Department Staff recommends approval. Background The property received lot area, lot width and side yard setback variances in December 2020 (LA20-000071).That application established an 18.2 foot setback to the north,and a 15.5 setback to the south, addressing the neighbors comment to create maximum setback to the north. The applicant recently purchased the vacant property and is proposing to place the new home at a similar front setback as neighboring properties but does encroach into required setback areas not previously approved.The applicant is proposing a rambler style home with a walk out basement.The new application is maintaining the side yard setbacks but a new home footprint within the setbacks is being proposed.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 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. LOT ANALYSIS WORKSHEET Section 78-395-Setbacks: Prey. Met/Not Met DISTRICT RR-1A Required variance Proposed approved Front 100'/**45' per 50.2' S2 Met northern neighbor LA21-000022 March 15,2021 Page 2 of 4 Rear 100' Roughly 360' Roughly Met 360' Side (North) 50' 18.2' 18.2' Not Met Side (South) 50' 15.5' 15.5' 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 53,206s.f. (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: 10,641 s.f. (20%) Proposed: 3,148 s.f. (6%) Applicable Regulations: Side Yard Setback(78-395) The required side yard setback is 50'. The applicant is proposing a 15.5'setback to the south and 18.2' setback to the north. 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. 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: LA21-000022 March 15,2021 Page 3 of 4 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 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 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 side yard setback variances. 9. The conditions do not apply generally to other land or structures in the district in which the land is located.The size of the lot 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. LA21-000022 March 15,2021 Page 4 of 4 The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Public Comments No public comments were submitted. Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? 2. Does the Planning Commission find that the variance(s), if granted, will not alter the essential character of the neighborhood? 3. Does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested variance(s)? 4. Are there any other issues or concerns with this application? Planning Staff Recommendation Planning Staff recommends approval of the side yard setback variance. List of Exhibits Exhibit A. Application Exhibit B. Practical Difficulties Documentation Form Exhibit C. Overlay& Proposed Survey/Site Plan Exhibit D. Proposed Plans and Elevations Exhibit E. Narrative Exhibit F. Septic Report Exhibit G. LA20-000071 Approval Resolution Exhibit H. Property Owners List and Map Letter View Exhibit A Land Use Application Summary plication Date: 02/18/2021 Address: 15 STUBBS BAY RD N Orono, MN 00000 Parcel Number: 3211823340006 Land Use Number: LA21-000022 Application Submitted By: Property Owner Owner: Name: JOHN F DUNN Address: 20 S BROWN RD PO BOX 77 LONG LAKE,MN 55356 Name: Efim Shukalovich Applicant: Company: Alliance Builders P Address: 1430 Division St Hopkins,MN 55343 mnstate@live.com Contact Information: Associated Contact: Associated Contact: Associated Contact: Associated Contact: Project Description: New home Land Use Application Type: Amendmend Application 0 Appeal of Admin Decision 0 Concept Application 0 Conditional Use Permit 0 Site Plan Application 0 Subdivision Application 0 Subdivision Exception 0 Vacation Application 0 Variance Application 0 Pri Applicant Signature: 1 file:///ci.orono.mn.us/...1-000022%20(15%20Stubbs%20Bay%20Rd%20N)%2OVAR/Land%2OUse%20Application%20Summary%20(5).htm[3/11/2021 7:13:02 PM] Letter View Exhibit B PRACTICAL DIFFICULTIES DOCUMENTATION FORM LA21-000022 1. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter. Response: 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. 2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. Response: The plight oft he landowner is due to circumstances unique to his property not created by the landowner. The plight of the property owner is due to the existing substandard lot area and width, and 3. The variance, if granted, will not alter the essential character of the locality. Response: The character of the neighborhood is not likely to be significantly altered by construction of the residence. 4. Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter. Response: " Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. Practical difficulties,' as used in connection with the granting of a variance, means that: a. The property owner in question proposes to use the property in a reasonable manner, however, the proposed use is not permitted by the official controls. " Economic considerations alone do not constitute practical difficulties." Economic considerations have not been a factor in the variance approval determination. 5. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minnesota Statutes, Section 116106, Subd. 2, when in harmony with this Chapter. Response: 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. A?EE??A?a? ??A?EE??A?A ?A?A ??A?EE??A?a? ??A?EE??A?a??A?A ?A? EE??A?a??A?A ?A? EE??A?a? ??A?EE??A?At2A?A ?A?EE??A?a? ??A?EE??A?A ??A?EE??A?a??A?P4A?EE ??A?a? ??A?EE??A?A ??A? EE??A?a??A?A ?A?EE??A?a? ??A?EE??A?A ??A?EE??A?a??A?A-IA?fE??A?a? ??A?fE??A?a??A?A ?A?fE??A?a?? A?A;A?EE??A?a? ??A?EE??A?A4??A?EE??A?a??A?AiA?EE??A?a? ??A?EE??A?A4?A?A ??A?EE??A?a? ??A?EE??A? At??A?EE??A?a??A?A ??A?EE??A?a? ??A?EE??A?A ?A?A ??A?EE??A?a? ??A?EE??A?8??A?A4??A?EE??A?8? ??A? EE??A?A4??A?EE??A?a??A?A§ 216C. 06, subd. 2, when in harmony with Orono City Code Chapter 78." This condition is not applicable. 6. The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not allowed under this Chapter for property in the zone where the affected person's land is located. Response: This 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 file:///ci.orono.mn.us/...20(15%20Stubbs%20Bay%20Rd%20N)%2OVAR/Practical%20Difficulties%20Documentation%20Form%20(3).htm[3/11/2021 7:13:03 PM] Letter View a two-family dwelling. Response: This condition is not applicable a. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. Response: The size and width of the lot within the RR1A 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 said land is located. Response: 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. Response: The applicant stated this is true. 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: 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 . The granting of such variance will not merely serve as a convenience to the applicant but is necessary to alleviate demonstrable difficulty. Response: 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. file:///ci.orono.mn.us/...20(15%20Stubbs%20Bay%20Rd%2ON)%2OVAR/Practical%20Difficulties%20Documentation%20Form%20(3).htm[3/11/2021 7:13:03 PM] 1012 --2- `. 'N GVO?J AYH SSEULLS / , . \o�0" ' / % //(aoa I.) 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Olson--MPGA License #810 11481 Riverview Rd.NE,Hanover,MN 55341 (7.63):4.98-8779 fax (763) 498-8290 May 10,2020 Mary Dunn Trust PID#3211823340006 Orono,Hennepin.County This on-site Sewage Treatment System is partially designed for a Type 1,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 sail) 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.s oils. 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 warningdevice 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 relocatedif-failure to protect the areas proposed for the On-Site Sewage Treatment systems occurs. With proper installation and main#enantce,this system should have no problem in treatingseptic effluent effectively.Nothing other than gray water,(laundry,showers,etc.)Human water and toilet tissue should be disposedof into the septic tanks.Garbage disposals are not recommended.Iron filters cannotgo 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. Sincerely, Joseph 1.Olson • i 1 t0,2_---43- \ •N avox AYH SBI LS - 1 ' /co1I) /1 / / / ssk-•A I . -- / i -;-e.---- „rj. ! / I 1008 I // // ,/ t 1 t { /'/i' ----- // // / /ter " til/ / ./ r, r'! /� /'/ /' / 1 : / ' // ,. 1 [--- . ��' ---r // // / f ' r / ._ 7„0„. ..„, / / // —�— I lig �/ / // / I __ • _ . ._ p- ___________ ---- i I /---_14-"_ it . / /N I d' // , . • /9� // f—__ :TL ,r <_---_ /r " !LL W / d /�i / . r—„r �» -- \ / i y,+� I N rc cc) co // c / 1 Un --3 __-- ! Ill `J'�-_ _./ I r. 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N. �" 9.1g I a 19-363 2011 purple code Mound Design www.5epticResource.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 Gal 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) 9) 7/32 inch perfs at 1 feet residual head gives 0.56 gpm flow rate per perforation for this perf size&spacing, & pipe size on line 12, max perfs/lateral= 30 , line#8 must be less--> OK to) 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) 15) 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 70) ######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 gpolft2 Absorption area Soil Loading Rate, which gives a mound ratio of 2 (minimum) (this must match the soil boringlog) desired mound ratio 2.0 24) 15 percent site slope (0-20%range) 9 (%downslope site slope, if different than upstope) 25) 12 inches, or 1.0 ft.to Redox orother 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 CERTIFICATIONSIII, 27) 120.0 ft.Totat ABSORPTION width- (with.sand beyond rockbed as follows:) 28) 0.0 ft.upstope and sidestope 10.0. ft..Downs(ope Individual slope ratios give BERM widths(topsoil beyond rockbed)of 29) 4:1 upstope ratio 10 ft. upslope berm 30) 3:1 sidestope 17 ft sidestope 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 5_4" inspection pipe 1 a"cover on top 1 Upslope berm 10 } Downslope herrn 34 12"cover on sides f c (6"loamy cap&.6 topsoil) 2.0 Clean sand lift 1.0 jepth to Limiting Limiting?onditioft Absorption Width • i 20.0 .)` � ------ Note For 0 to 1%slopes, Absorption WIdth is measured from thebedegually in both directions: For slopes>1%,:Absorfttioo iWdh is measured downhill from the tipslope edge of the 33) Rock Bed: 10.0 ft by 62.5 ft.,by 6 inches under pipe,..plus 20%gives I 21. yd'or 41.47 I 29 ton 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 + 207.4 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. .I ...144 Eton 36) Topsoil: 54 ft. by. 97 ft. .:b".deep,plus 20%gives 116 yd'or*1 A= 162. ton I hereby certify that I have completed this work in accordance with all applicable ordinances, rules and laws. Rusty Olson's Soil a Perc 810 5/1012020 Designer Signature Company License# Date Installer Summary 2250 gallon Septic tank (minimum) Tank options: none au7O larger Lank witn mutupte comp/carves 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: I ##### minutes ON ######inches from bottom of tank to"pump ON"float, or hours OFF ######inches from bottom of tank to"Hi Level Alarm"or -T2 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 give BERM widths(topsoil beyond rockbed)of: 4:1 upslope ratio 10 ft. upslope berm 3:1 sideslope 17 ft. sidestope berms 4:1 downslope 34 ft. downslope berm 4"inspection pipe 18" cover on top Upslope berm 10 Downslope berm 34 12' cover on sides (6"loamy cap&6"topsoil) 2.0 Clean sand lift 1.0 Depth to Limiting Limiting Condition Absorption Width 1 20:51 Note: For 0 to 1%slopes, Absorption Width is measured from the Bedequaily in both directions. For slopes >1%, Absorption Width is measured downhill from the upslope edge of the Beed. 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 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 Et sewer tine.(else sewer line> 12"below):. Sewer tine E tank connection (no hard 90's, tong sweep 90 or 2-45's, slope minimum 1"in 8'= 1%) (no depth reqs, clean out every 100', Sch 40 pipe) El Septic tank and risers (water tight risers, baffles, insulated, proper depth,existing verified by pumping) mfQ 2250 .. gallons. none R- iser over outlet, riser over inlet or center, and 6"+inspection pipe over any remaining baffles. No effluent filter Et alarm Dos- e 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 line access (no hard 90''s) 2.0 inch supply pipeSch40, sloped 1/8"+, supported by 4"sch40 sleeve or compacted, and buried 6"+. — s- plice box/control panel/ electrical connections - flow measurement: CT, ETM, time dosed, home water meter - mound absorption area rough up -- m- ound 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 upstope 10.0 downslope F-7 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 a 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 - w- ell abandonment form -if necessary ..YY[ . 0 r a �� °i Y cr) r :a f ..CO IC CD vtibvii E o to --...:: ,� ! 3 t r to sD XIc F-• �y Ca I— 2.3 73 v3 1 1 I' . 13 7 £ o R O /+� �"+ '? SD .0 0 L' Q3 Rf C H i M W o OD -• .... CU .n lei 4/ ,:,, L ' 1 I 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 matl's: El Till 0 Outwash 0 Lacustrine 0 Alluvium ❑Organic ❑Bedrock landscape position: ❑Summit ❑Shoulder 0 Side slope Cl Toe slope soil survey map units: LI 32A slope 9-15 % direction-Linear Soil Log#1 0 Boring ❑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 2.5y312 10y4/8,1-6/10y Friable Moderate Blocky 28-36 Clay Loam <35 2.5y4/3 10y4/8,1-6/l0y Friable Strong Blocky loose loose single grain <35 friable weak granular blocky 35-50 firm moderate prismatic platy >50 rigid strong massive loose loose single gain <35 friable weak granular blocky 35-50 firm moderate prismatic platy >50 rigid strong massive Comments:. The elevations are assumed off of the topography map. (PTD #3211823340006 Soil Log#2 i l 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/l0y 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 firm moderate prismatic platy >50 rigid strong massive <35 loose loose single grain friable weak granular blocky 35-50 firm moderate prismatic platy >50 rigid strong massive PID#3211823340006 Soil Log#3 E1 Boring 0 Pit Elevation 976.1 Depth to SHWT 12 inches _epth(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 10y418,1-6/10y Friable Moderate Blocky 26-30 Clay Loam <35 2.5y4/3 10y4/8,1-6/10y Friable Strong Blocky <35 Moose loose single grain friable weak granular blocky 35-50 film moderate prismatic platy >50 rigid strong massive <35 loose loose single grain friable weak granular blocky 35-50 >50 firm moderate prismatic platy rigid strong massive I hereby certify this work was completed in accordance with MN 7080 and any local req's. Rusty Olson's Soil &Pero 810 liesigner Signature Company License li Y 1 III 11 1111111111111 III II LAND TYPE Abstract (A) DOC NUM 10889389 Certified, filed and/or recorded on Dec 21, 2020 3:07 PM Office of the County Recorder Hennepin County, Minnesota Martin McCormick, County Recorder Mark Chapin, County Auditor and Treasurer Deputy 17 Pkg ID 2135918E Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL s� NO. 71 54 G `gkESHO�� A RESOLUTION APPROVING A VARIANCE FROM MUNICIPAL ZONING CODE SECTION 78-395 and 78-72 FILE NO. LA20-000071 WHEREAS, on November 12, 2020, _Jacob Stickney ("Applicant"), applied for a variance from the City Code for the property addressed 15 Stubbs Bay Road(PID 3211823340006) and legally described as: 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 14, 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 '/ of SW 1/4, thence West 462.78 feet; and EXCEPT road. (hereinafter the"Property"); WHEREAS, the Applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-395 to allow for side yard setbacks; and WHEREAS, the Applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-72 to allow for lot area and lot width; and WHEREAS, on November 16,2020, after published and mailed notice in accordance with Minnesota Statutes and the City Code, the Planning Commission held a public hearing, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, on November 16, 2020, the Planning Commission recommended approval of the variance; and WHEREAS, on December 7, 2020 the City Council reviewed the application and the recommendations of the Planning Commission and City staff; and NOW,THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves the requested variance as described above based on one or more of the following findings of fact concerning the Property: FINDINGS OF FACT: icLOATp CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 71 54 CAkfSHO' 1. This application was reviewed as Zoning File #LA20-000071. The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the above mentioned meetings, and any and all other materials distributed at these meetings are hereby incorporated by reference. 2. The Property is located in the RR-1A Zoning District. 3. The Property contains 1.2 acres in area and has a defined lot width of 123.77 feet. 4. The Property is exempt from hardcover restrictions according to the Stormwater Quality Overlay District. 5. Applicant has applied for the following variances: a. Side yard setback b. Lot area c. Lot width 6. In considering this application for variance, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. ANALYSIS: 1. "Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance . . . ."The 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. "Variances shall only be permitted . . . when the variances are 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. "Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. `Practical difficulties,' as used in connection with the granting of a variance, means that: a. The property owner in question proposes to use the property in a reasonable manner, however, the proposed use is not permitted by the official controls. 2 .c.LOAr CITY OF ORONO RESOLUTION OF THE CITY COUNCIL ] 1 1. ; NO. ` 1 5 4 G ��kESHO- 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. The plight of the landowner is due to circumstances unique to his 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, if granted, 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. 4. "Economic considerations alone do not constitute practical difficulties." Economic considerations have not been a factor in the variance approval determination. 5. "Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter 78."This condition is not applicable. 6. "The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located."This condition is not applicable, as a single family home is an allowed use in the 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. 3 �Op CITY OF ORONO RESOLUTION OFTHE CITY COUNCIL] 1C' NO. r 1 5 4 F G -.kf S H oO" 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. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-395 and 78-72 to allow side yard setback, lot area and lot width, subject to the following conditions: 1. Council approval is based on the entire record, above Findings. 2. The approved project shall conform to the survey dated 11/18/2020 and building plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibits A. 3. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. 4. Authorities granted by this resolution run with the Property not with the Applicants, but are permissive only and must be exercised by obtaining a building permit for the new construction and commencing construction of said project. 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H D DJO `v ��a$�� a* o Hennepin Hennepin County Locate & Notify Map Date: 2/18/2021 fi7 x ti re CO rist;ne;II Sr dr rr is --Eifeen#St • • 0 ‘dO ott{{ Rct a Buffer Size: 500 0 100200 400 Feet Map Comments: 15 Stubbs Bay Rd. N This data () is furnished 'AS IS' with no representation as to completeness or accuracy; (ii)is furnished with no warranty of any kind, and (ii) is notsuitable for legal, engneering or surveying purposes.Hennepin County shall not be liable for any damage,injury or loss resulting from this data. For more information,contact Hennepin County GIS Office 300 6th Street South,Minneapolis,MN 55487/gis.info@hen nepin.us RUN DATE:02/18/2021 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM(PROPERTY OWNERS LIST) PAGE:1 38 05-117-23 12 0009 38 32-118-23 43 0025 2ND AMDT&RESTMT P DUNN TRS RE&S J ROBERTSON REV TR 40 STUBBS BAY RD S 3565 WATERTOWN RD ORONO MN 55359 ORONO MN 00000 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 0026 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 00000 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 15 STUBBS BAY RD N ORONO MN 55359 JOHN F DUNN 20SBROWN RD P 0 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. 'oho To: Chair Ressler and Planning Commission Members e' Ron Olson, Interim City Administrator .N, A. ti N. From: Jeremy Barnhart,AICP �' kEsHO� Community Development Director Date: March 15, 2021 Subject: #LA20-000047, City of Orono Text Amendment related to Boat storage Public Hearing Application Summary: The City is contemplating an ordinance amendment related to the storage of recreational equipment, including boats and boat trailers, on residential property. Staff Recommendation: Planning Department Staff recommends approval of the ordinance as drafted. Background/Problem The City Prosecuting Attorney has identified challenges to the enforcement of the regulations related to boat and boat trailer storage,and has recommended the City amend the ordinance to address these issues. The City Council has further directed staff that any resulting changes be easy to understand; understandable regulation is easier to follow. The Council noted that residents of a lake community should expect some level of boat storage in residential districts. Solution The draft ordinance is attached as Exhibit A. The ordinance includes the entire "Exterior storage in R districts" regulations for context,though changes are proposed only in the boat storage subparagraph. The draft regulation removes the operable condition requirement, as this is difficult to prove, especially over a two year period. The revision does require currently licensed to the owner or occupant of the property,which should address storage of boats as a side business, or concerns with boat density on a property. The code removes the length limitation, and establishes a minimum setback from property lines of 5 feet. The Commission should discuss if the storage of boats in any specific yards is inappropriate. Some cities has broken down the storage regulations depending on the season,though care should be exercised to ensure the regulation and its underlying goal is understandable and achievable. The ordinances for Medina, Mound, and Excelsior are attached. Public Comments To date, no public comments have been received, though one resident has requested a draft of the ordinance. Issues for Consideration 1. Does the Commission suggest any yards as off limits for boat storage? FILE#LA20-47 March 15,2021 Page 2 of 2 2. Does the Commission recommend any other changes? Planning Staff Recommendation Planning Staff recommends the ordinance as drafted. List of Exhibits Exhibit A. Draft Ordinance Exhibit B. City of Excelsior regulation Exhibit C. City of Medina regulation—excerpt Exhibit D. Mound storage regulation Sec. 78-1577. - Exterior storage in R districts. In all R districts, it is the responsibility of the owner of any property, improved or unimproved, to maintain the outdoor areas; including courtyards and the like, of the property and adjacent rights-of-way in a manner that complies with the following requirements. All recreational vehicles, mobile homes, camping trailers, motor homes, pickup coaches, travel trailers, special mobile equipment, and utility trailers shall meet the requirements of this Code. Additionally, all exterior storage must comply with subdivision (6) of this section. (1) Definitions: a. Blight means a deteriorated condition, something that impairs or destroys. b. Junk means any cast-off, damaged, discarded, junked, obsolete, salvage, scrapped, unusable, worn-out or wrecked object, thing or material composed in whole or in part of asphalt, brick, carbon, cement, plastic, or other synthetic substance, fiber, glass, metal, paper, plaster, plaster of paris, rubber,terra cotta,wool, cotton, cloth,canvas, organic matter or other substance, regardless of perceived market value or requiring reconditioning in order to be used for its original purpose. c. Recreational vehicle. Mobile home and recreational vehicle shall mean and include the following definitions, and shall not include any manufactured housing unit bearing a State of Minnesota manufactured housing seal or certificate, for uses including but not limited to those listed below: 1. Camping trailer means a folding structure, mounted on wheels and designed for travel, recreation and vacation uses, also called a pop-up camper. 2. Motor home means a portable, temporary dwelling to be used for travel, recreation and vacation, constructed as an integral part of a self-propelled vehicle. 3. Pickup camper means a structure designed to be mounted on a truck chassis for use as a temporary dwelling for travel, recreation and vacation. 4. Travel trailer means a vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational and vacation uses, permanently identified as a travel trailer by the manufacturer of the trailer. d. Special mobile equipment means every vehicle not designed or used primarily for the transportation of persons or property and only incidentally operated or moved over a highway, including but not limited to: ditch digging equipment, moving dollies, pump hoists and other well-drilling equipment, street sweeping vehicles, and other machinery such as asphalt spreaders, bituminous mixers, bucket loaders, tractors other than truck-tractors, ditchers, leveling graders, finishing machines, motor graders, road rollers, scarifiers, earth- moving equipment. The term does not include travel trailers, dump trucks, truck-mounted transit mixers, truck-mounted feed grinders, or other motor vehicles designed for the transportation of persons or property to which machinery has been attached. e. Utility trailer means any motorless vehicle, other than a boat trailer or personal watercraft trailer, designed for carrying of snowmobiles, motorcycles, all terrain vehicles, or property on its own structure and for being drawn by a motor vehicle but shall not include boat trailers, a trailer drawn by a truck-tractor semitrailer combination,or an auxiliary axle on a motor vehicle which carries a portion of the weight of the motor vehicle to which it is attached. (2) [Parking regulated.] Parking of recreational vehicles, mobile homes and utility trailers shall be regulated as follows: a. It is unlawful for any person to park a mobile home or recreational vehicle upon public property for human habitation b. It is unlawful for any person to park or store a utility trailer, mobile home, recreational vehicle in any"R" district for more than 24 hours, except in a side or rear yard at least five feet from any property line. c. It is unlawful to use a mobile home or recreational vehicle for human habitation on any private property for more than 72 hours without a permit from the city. (3) Vehicle storage. All vehicles parked or stored on any property within the city shall be operable and currently licensed. The parking of vehicles, other than recreational vehicles, in "R"districts is regulated as follows: a. Parking of vehicles other than recreational vehicles, with a maximum gross vehicle weight (GVW) of 14,000 pounds or less is allowed in all "R"districts. b. Parking of vehicles in "R" districts in excess of 14,000 pounds GVW has the potential to create negative impacts on the surrounding neighborhood.These impacts may include noise (from operation as well as maintenance of vehicle); vibration; glare; odors; soil/water contamination (from dripping, washing, etc.); hazards to pedestrians by way of proximity, especially on private roads; wear and tear on local or private roads; propensity to offload remaining cargo on site at end of day; and visual incompatibility with the character of a neighborhood. Such use may be acceptable under certain conditions in zoning districts where lot areas are generally two acres or larger. Therefore, parking of such vehicles requires each of the following conditions be met: 1. Property owner must be vehicle owner or operator. 2. Vehicle must be set back 50 feet from property lines. 3. Vehicle must not be visible from neighboring properties and public streets; vegetative screening is preferred. 4. Maintenance of said vehicle shall occur within an enclosed building. 5. The vehicle shall not constitute a nuisance at any time. 6. In a shared driveway situation, the applicant shall demonstrate that the appropriate easement exists. 7. Minimum lot size of five acres. For any property at least two acres but less than five acres in area,where it can be shown that prior to the effective date of this section such a vehicle was previously stored on a regular basis prior to and after January 1, 2004, a vehicle storage permit may be granted if the above conditions a. through f. are met, subject also to the following limitations: i. A vehicle storage permit may only be issued for properties within the RR-1B, RR- 1A, and LR-1A zoning districts. ii. Such permit shall be granted only to the current property owner and only for the specific vehicle applied for. The current owner may replace the vehicle in kind, but shall not add other such vehicles.Any replacement vehicle must be registered with the city within 30 days to transfer its permitted status. iii. This permit shall not apply to subsequent property owners, subsequent property owners shall not be considered as having a grandfathered permit by virtue of their predecessor's permit. iv. This permit shall automatically and permanently expire if the vehicle storage is voluntarily discontinued for a period of one year. (4) [Storage of boats and boat trailers.] Boats, unoccupied boat trailers, and boats on trailers shall be subject to the following storage requirements when not stored for commercial purposes: a. Licensing, operability and restorations.All boats stored outside on a residential property shall be currently licensed to the owner or occupant of the property.All boats stored on a property stored on a property for not more than two years +ho stent being b. Principal residence required. No boat shall be stored on a property or on a group of contiguous commonly owned properties that does not contain a principle residence structure. "- •••_•• - - • --- -•e - ----- - --- - - -" - -• -- • -•e • _•- - --- -- " e•••- - - e_ e e --- —•e-e- - . - - -•: e --- - - -. - ' --- •'• '- - - - - -• - -- - •- - -- within the 2,1 months prior -- ' - •_ - - - - - • - -is-section-is-derived shall be allowed to continue such storage practic- _ •- _ ._-• . -= e, _ _ ••-- .- - _-- requirements of this section. e. _ . _ ._ ... _ .. _-- -•e - -- -- - --- - - -- - -' -- -•e - - stored outside _• - .e-• - e __-• -- _ _. 1. Lak shorn lots. Boats may be stored in a side yard, street yard, side street yard and e- - -e -• - - • - - - • - • a front yard or side street yard. e. Required setbacks. Boats and unoccupied boat trailers may be stored in any yard except for the Lakeyard, provided that a s"ul!be„tor ed o less than five feet setback is provided. from f. Screening. Screening is not required for outside boat storage when in conformance with this section. If boats are shrink wrapped, white is the preferred color but is not mandatory. - .- - - -- - • --- - --- consisting-of the planning director, the building off' the planning-and zoning staff. (5) [Prohibited parking or storage.] Outdoor parking or storage of special mobile equipment as defined in this section shall be prohibited in any"R"district. (6) Prohibited material storage. Any violation of this section is subject to abatement upon seven days' written notice to the owner of private premises on which such material is found or any conditions in violation of this code section exist. The owner of the property will be determined as shown by the records of the office of the county recorder. The city may remove such matter or correct any conditions in violation, and certify the cost of such removals or corrections as any other special assessment. Additionally, the city may also seek injunctive relief for violation of this section. Owners of private property shall remove and keep removed from all exterior areas of all residential properties the following items: a. Pest harborage. All exterior property shall be free from rodent harborage and infestation. Boxes, lumber, scrap metal, and similar materials shall not be allowed to accumulate outside a structure in a manner that attracts an infestation of pests.Materials permitted and approved for exterior storage shall be neatly stacked. b. Trash and debris. 1. All household garbage, offal, dead animals, animal and human waste, and waste materials. 2. Accumulations of litter, glass, scrap materials (such as wood, metal, paper, and plastics),junk, combustible materials, stagnant water, plastic bags or trash. 3. Accumulations of clothing and any other items not designed for outdoor storage. c. Non-trash items. 1. Accumulations of wood pallets. 2. Accumulations of vehicle parts or tires. 3. All construction and building materials unless such materials are being used at the time in the construction of a building, in which case such construction must be permitted and on a continuous, uninterrupted basis. 4. All appliances or appliance parts. 5. All indoor or upholstered furniture of a type or material which is deteriorated by exposure to outdoor elements. 6. All recycling materials except for reasonable accumulations, amounts consistent with a policy of regular removal, which are stored in a well-maintained manner according to Chapter 50 and Chapter 54. 7. All other non-trash items which: (i) Are of a type or quantity inconsistent with normal and usual use; or (ii) Are of a type or quantity inconsistent with the intended use of the property; or (iii) Are likely to obstruct or impede the necessary passage of fire or other emergency personnel. d. Fertilizer and burial of waste. No person shall leave, deposit, or cause to be placed on any private ground any garbage, sewage, waste, debris, carcass, or other substance or matter which is offensive or unhealthy by decomposition unless the same be buried at least three (3)feet under the surface of the ground; provided, that the use of manure and phosphorous free fertilizer in the normal course for agriculture or horticulture is permitted. (Code 1984, § 10.60(13); Ord.No. 206 2nd series, § 1, 9-10-2001; Ord.No. 4 3rd series, § 2, 11- 11-2003; Ord.No. 21 3rd series, § 1, 11-8-2004; Ord.No. 29 3rd series, §§ 1-3, 10-24-2005) Sec. 11-4. - Outdoor storage of recreational equipment A. Recreational equipment may be stored outside in the R-1 and R-2 zoning districts under the following conditions: (1) Recreational equipment includes, but is not limited to, camper trailers (pop up), motor homes, all-terrain vehicles, open trailers, pickup campers, snowmobiles, travel trailers,water craft and buildings for winter ice fishing. 2 ( ) No more than three recreational maybe equipment itemsparked p ed or stored outside on lots greater than 8,500 square feet in size. Those three recreational equipment items may include a maximum of one each of—a camper trailer(pop up), motor home, off-road vehicle, open trailer, pickup camper, snowmobile, travel trailer,water craft or ice fishing house. (3) No more than two recreational equipment items may be parked or stored outside on lots equal to or less than 8,500 square feet in size. Those two recreational equipment items may include a maximum of one each of—a camper trailer(pop up), motor home, off-road vehicle, open trailer, pickup camper, snowmobile, travel trailer, water craft or ice fishing house. (4) Trailers and contents located thereon shall be considered as one recreational equipment item. (5) Recreational equipment may not exceed 24 feet in length. Trailers may not exceed 30 feet in length. (6) No recreational equipment shall be stored in the front yard (or rear yard for lots abutting lakeshore), and any stored recreational equipment shall be subject to the side and rear yard setback requirements of accessory structures as found in srticle 11 of this Appendix E. If there is not a practical way to store the recreational equipment in compliance with these requirements, then one such recreational equipment may be stored in the front yard (or rear yard for lots abutting lakeshore). If stored in front yards, recreational equipment must be: a. Stored on driveways; b. Not exceed 16 feet(trailers 20 feet) in length, not including outboard motors; c. Not exceed seven feet in height; and d. Located no closer than ten feet from the street. (7) All vehicles must be operable and have the current year's registration, if registration is required by law. (b) The practices of boat dry-stacking and dry storage create a visual blight and increase congestion on land and water. No boat dry-stacking nor dry storage shall be allowed within the city except that dry stacking shall be permitted in the P, Public Park District, pursuant to duly issued city permit. (Ord. No. 555, § 3, 4-17-2017 ) Medina City Code 828.Zoning—Performance Standards and Enforcement (b)When calculating the number of required off-street parking spaces, fractional results shall constitute another space. (c)Joint Use Parking. Joint use of required parking spaces may occur where two or more uses on the same or separate sites are able to share the same parking spaces because their parking demands occur at different times, if approved by the City. (i)For joint use of required nonresidential parking spaces,the following documentation shall be submitted in writing as part of a building or zoning permit application or land use review: (1)The names and addresses of the uses and of the owners or tenants that are sharing the parking; (2)The location and number of parking spaces that are being shared; (3)An analysis showing that the peak parking times of the uses occur at different times and that the parking area will be large enough for the anticipated demands of both uses; and (4)A legal instrument acceptable to the city that guarantees access to the parking for each use. (ii)Dissolution. (1)Dissolution of the joint use parking agreement shall require a recalculation of required off-street parking spaces in accordance with this Ordinance. (2)Upon dissolution,the city may require the construction of additional parking spaces deemed necessary to meet the minimum off-street parking requirements for each use. (iii)As a condition of any joint use parking agreement,the city may require compliance with all or part of Subd. 5 of this section. (d) Change of Use. Any change of use or occupancy of any building or buildings, including additions or intensifications thereto, shall be required to provide the minimum number of off-street parking spaces in accordance with this section. The city may require the construction or provision of the minimum required parking spaces, and prohibit said change of use until such time that minimum required off-street parking is provided. (e) Parking Reduction.A waiver may be granted by the city to reduce the required number of parking spaces. Parking reduction waivers shall be recorded with a 828. Zoning—Performance Standards and Enforcement Page 79 of 99 Medina City Code 828.Zoning—Performance Standards and Enforcement legal instrument acceptable to the city.A waiver may be granted where it can be demonstrated that such reduction is justified due to: (i) factors having an impact on parking demand and capacity; (ii)the achievement of other competing city objectives including, but not limited to,preservation of unique or historic buildings,preservation of community character,tree or natural resource preservation; or (iii) unique or extenuating circumstances unforeseen by this ordinance. Subd. 5. Proof of Parking. (a) The city may reduce the amount of parking spaces required to be constructed provided that the property owner supplies proof of parking,which can be constructed if deemed necessary by the city.A proof of parking reduction may be granted provided each of the following conditions are met: (i) A minimum of 30 parking spaces are provided; (ii) a parking plan, drawn to scale for the property,is submitted with the site plan which indicates that the site is capable of complying with the total parking requirements stated above and with the parking lot design to the standards required by this Ordinance; (iii) the proof of parking area is defined as that portion of the site which is not paved, but is suitably landscaped and is capable of containing the amount of parking equal to the difference between the area of paved parking to be provided and the area of parking required to meet the requirements of this Ordinance. For purposes of calculating impervious surface, such area shall be considered impervious; (iv)the proof of parking area shall be prepared for the construction of future parking to the extent required by the city. This may include grading, construction of necessary stormwater management practices,and other preparations as required by the City; (v) the proof of parking area shall be clearly delineated on the parking plan for the site;and (vi) the proof of parking area is not used to satisfy any other landscaping, setback, or other requirement of this Ordinance and is not located in an area occupied by a building. 828. Zoning—Performance Standards and Enforcement Page 80 of 99 Medina City Code 828.Zoning—Performance Standards and Enforcement (b)Agreement Required.The property owner shall enter into a legal instrument with the city,in a form acceptable to the city,related to the requirements and provisions of the proof of parking. Such instrument shall be recorded against the property. (c)Construction of proof of parking.The city may,at its sole discretion,require that the proof of parking area, or portions thereof,be constructed in a way that meets the requirements of this section. (i)Notification: The city shall notify the property owner of the requirement to construct the required parking,upon which the property owner shall apply for a permit to expand the parking area within 180 days. (ii)Appeal. The property owner may appeal the requirement to the city council. An appeal shall be provided in writing no later than ten days from the date of the notice. (iii)Failure to Construct. If the property owner does not construct the required parking expansion within one year of notification,the city may enter the property and perform the work. The amount incurred by the city in performing such work, including reasonable associated administrative costs, shall be invoiced to the property owner. If such invoice is not paid within 30 days,the city may certify such costs to the county for collection with the property taxes. Subd.6. Off-Street Parking Restrictions in Residential Areas. (a)Exterior parking in all residential areas served by public sewer or water systems shall be prohibited in any portion of the property except designated driveways leading directly into a garage or one (1) open, surfaced space. Said space must be surfaced with concrete, bituminous, or other paving material. (b)Recreational Vehicle Parking. Boats, fish houses,house trailers, camping trailers, utility trailers, and motor homes must comply with the parking requirements of paragraph(a) of this subdivision, and may not be parked, stored, or otherwise maintained on residential property except as provided below: (i)the vehicle may not exceed 35 feet in length; (ii)the vehicle must be operable and currently licensed; (iii)the vehicle must be parked in a garage, or other building, or on a parking space, in the rear or side yard no closer than 10 feet to the lot line; 828. Zoning—Performance Standards and Enforcement Page 81 of 99 Medina City Code 828.Zoning—Performance Standards and Enforcement (iv)the vehicle must comply with all applicable parking regulations and utilize only the existing driveway or access point to the site; and (v)the vehicle may not be used for business purposes. (c) Commercial Vehicle Parking. Parking of commercial vehicles in residential areas shall conform with the requirements of Section 335 of the city code. Subd. 7. Off-Street Bicycle and Motorcycle Parking.Provisions shall be made for the off-street parking of bicycles and motorcycles in all multiple family and non- residential developments and uses. Plans for such facilities shall be reviewed and evaluated on an individual project or use basis as part of site plan review provisions of Section 825.55 of this Chapter. Subd. 8. Pedestrian Ways and Trails. Off-street parking areas shall provide pedestrian access between the building,parking lot, and sidewalk. Parking layout shall be designed such that parking areas do not intrude on pedestrian access or impact accessibility. Section 828.53. Off-Street Loading and Unloading Areas. Subd. 1.Location. All required loading berths shall be off-street and shall be located on the same lot as the building or use to be served. A loading berth shall be located at least twenty five(25)feet from the intersection of two(2)street rights-of-way and at least fifty(50)feet from a residential district,unless within a building. Loading berths shall not occupy the required front yard space. Subd.2. Unless otherwise specified in this Ordinance,a required loading berth shall be not less than twelve(12)feet in width,fifty(50)feet in length, and fourteen(14)feet in height, exclusive of aisles and maneuvering space. Subd.3. Each required loading berth shall be located with appropriate means of vehicular access to a street or public alley in a manner which will least interfere with traffic. Subd. 4. Surfacing. All loading berths and accessways shall be improved with a hard surface to control the dust and drainage before occupancy of the structure. Subd.5. Accessory Use. Any space allocated as a loading berth or maneuvering area so as to comply with the terms of this Ordinance shall not be used for the storage of goods, inoperable vehicles, or be included as a part of the space requirements necessary to meet the off-street parking area. Subd. 6. Off-Street Loading Required. Any structure erected or substantially altered for a use which requires the receipt or distribution of materials or merchandise by trucks or similar vehicles shall provide off-street loading space as required for a new structure. 828. Zoning—Performance Standards and Enforcement Page 82 of 99 ZONING such conformance. (Code 1987,§350.700;Ord.No.61-1993, §350.705,2-23-1994) Sec. 129-314.Exterior storage. In all residential districts,it is the responsibility of the owner of any property, improved or unimproved,to maintain the outdoor areas; including courtyards and the like, of the property and adjacent rights-of-way in a manner that prevents blight and complies with the following requirements: (a) Storage on private property. Exterior storage of ice shelters, recreational vehicles, motorized vehicles, utility trailers, watercraft, or watercraft trailers is permitted on all residentially zoned properties and shall be regulated as follows: (b) Developed lots. Exterior storage on lots with principal dwellings shall be limited to no more than one (1) ice shelter, recreational vehicle, motorized vehicle, utility trailer, watercraft, watercraft trailer, objects screened by a tarp or other screening device, or any combination thereof, for every 1,500 square feet of lot area,up to a maximum of six(6). (c) Undeveloped lots. Exterior storage on lots with no principal dwelling is prohibited unless undeveloped lot abuts a developed lot and is tax combined at Hennepin County. (d) Storage for hire prohibited.All exterior storage items must be owned by, leased to, or rented to the owner or occupant of the property on which it is stored. The storage of un-owned items under storage for hire,trade, or other in-kind consideration is prohibited on all residential properties. (e) Storage of recreational vehicles, utility trailers, and ice shelters. Storage of recreational vehicles,utility trailers,and ice shelters shall be regulated as follows: (1)It is unlawful for any person to use for human habitation a recreational vehicle,utility trailer or ice shelter that is parked or stored upon public property. (2) It is unlawful for any person to park or store a recreational vehicle, utility trailer or ice shelter for human habitation upon any private property for more than 72 hours, without first obtaining a permit from the City,which may not exceed 14 days in aggregate. (3) All outdoor storage of recreational vehicles, utility trailers and ice shelters stored in whole on areas meeting the requirements of section 121-146 (13), are permitted to be stored no closer than one foot to any side, front, or rear lot line, so long as the construction of the area meets the requirements of section 121-146 (13). (4) All exterior storage on an area which does not comply with subd. 3 shall be stored no less than five(5)feet from any lot line. (f) Storage of motorized vehicles. Storage and parking of all motorized vehicles other than recreational vehicles shall be regulated as follows: (1) Operability and restorations.All outdoor storage of motorized vehicles on any residentially zoned property within the City shall be operable.The parking or exterior storage of junk vehicles is prohibited. (2) Exterior storage of motorized vehicles other than recreational vehicles,with a maximum gross vehicle weight(GVW)of 10,000 pounds or less is allowed in all residential districts. (3) Exterior storage of motorized vehicles in excess of 10,000 pounds GVW is prohibited in all residential districts. (4) All exterior storage of motorized vehicles stored in whole on areas of impervious cover are permitted to be stored no closer than one(1)foot to any side,front,or rear lot line,so long as the construction of the area meets the requirements of section 121-146 (13). Storage on an area which does not meet the requirements of section 121-146 (13)shall be considered storage on non-impervious cover. (5) All exterior storage of motorized vehicles on areas of non-impervious cover shall be stored no less than five(5)feet from any lot line. 129:84 ZONING (g) Storage of watercraft and watercraft trailers. Watercraft, unoccupied watercraft trailers, and watercraft on watercraft trailers shall be subject to the following storage requirements: (1) Operability and restorations. All watercraft stored in the open on any residentially zoned property within the City shall be in operable condition. The storage of junk watercraft or junk watercraft trailers is prohibited. (2) Allowed outdoor storage locations. The exterior storage of watercraft and unoccupied watercraft trailers on residential properties is permitted as follows: i. Lakeshore lots. Watercraft and unoccupied watercraft trailers may be stored in a side yard, rear yard, front yard, and lakeshore yard, so long as the storage meets required setbacks and have no significant impact on lake views to adjacent lakeshore properties. ii. Non-lakeshore lots. Watercraft and unoccupied watercraft trailers may be stored in front yard, side yard,or rear yard areas,so long as the storage meets required setbacks. (3)Required setbacks. All exterior storage of watercraft and watercraft trailers shall be subject to the following setbacks: i. Storage on impervious cover. All exterior storage of watercraft and watercraft trailers stored in whole on areas of impervious cover are permitted to be stored no closer than one (1) foot to any side, front, or rear lot line, so long as the construction of the area meets the requirements of section 121-146 (13). Storage on an area which does not meet the requirements of section 121-146 (13) shall be considered storage on non- impervious cover. ii. Storage on non-impervious cover. All exterior storage of watercraft and watercraft trailers on areas of non-impervious cover shall be stored no less than five (5) feet from any lot line. (h) Storage of special mobile equipment. The exterior storage of special mobile equipment on any residentially zoned property shall be prohibited; exclusive of equipment stored on a property for use in conjunction with a valid building permit issued by the City. (i) Prohibited exterior storage. The exterior storage of any of the following is prohibited: (1) Trash and debris. i. All garbage, rubbish, animal carcasses, animal and human waste, and other waste materials stored outside of an approved rubbish pre-collection container; ii. Accumulations of litter, glass, scrap materials (such as wood, cardboard, metal, paper, or plastics), junk, combustible materials, stagnant water, plastic bags, trash, or other debris outside of an approved rubbish pre-collection container; iii. Rubble, trash, debris, spoil, and other construction wastes generated during permitted construction not removed from the property within 21-days of being generated. iv. Accumulations of discarded, disused, or junk clothing, furniture, carpet, or any other items not designed for outdoor storage. (2)Non-trash items. i. Accumulations of discarded, disused,or junk wood or plastic pallets; ii.Accumulations of automotive parts or tires; iii. All construction and building materials, unless such materials are being used at the time in the construction of a building, in which case, such construction must be permitted and on a continuous,uninterrupted basis; iv.All discarded,disused, or junk appliances or appliance parts; v. All indoor or upholstered furniture of a type or materials which is deteriorated by exposure to outdoor elements;or 129:85 ZONING vi. All recycling materials, except for reasonable accumulations, amounts consistent with a policy of regular removal,which are stored in a well-maintained manner according to Chapter 54. (3)All other non-trash items. Storage of items which are a type or quantity inconsistent with normal and usual use; Are of a type or quantity inconsistent with the intended use of the property; or Are likely to obstruct or impede the necessary passage of fire or other emergency personnel. (j) Exterior storage of firewood. Exterior storage of firewood may be stored upon all residential properties solely for use on the premises and not offered for resale. All firewood located upon residential properties shall be stored as follows: (1) All firewood shall be cut or split, prepared for use, and stored in a regular, orderly arrangement that is stable and reasonably resistant to collapse. (2) The height of a woodpile over three (3) feet shall be no more than twice its width, with a maximum height of six(6)feet. (3) Firewood shall be stored not less than three and one-half(3.5)inches off the ground and on a well supported,non-rotting base. (4) Storage of firewood shall be permitted in side and rear yard areas only and must maintain a minimum setback of four (4) feet from any side or rear lot line, unless separated by a fence, then no closer than one(1)foot. (k) Violation subject to abatement. A violation of this Code shall be deemed a public nuisance, subject to the notification and abatement procedures contained within Chapter 42. (Ord.No.01-2017,2-5-2017;Ord.No.01-2020,2-9-2020) Sec. 129-315.Refuse. (a) In all districts, all waste material, with the exception of debris, refuse, or garbage shall be kept in an enclosed building or properly contained in a closed container designed for such purposes. The owner of vacant land shall be responsible for keeping such land free of refuse. Existing uses shall comply with this provision within six months following the enactment of the ordinance from which this chapter is derived. (b) Passenger vehicles and trucks in an inoperative state shall not be parked in residential districts for a period exceeding 96 hours. The term "inoperative" means incapable of movement under their own power and in need of repairs or removal to junk yard. All exterior storage not included as a permitted accessory use, a permitted use, or included as part of a conditional use permit, or otherwise permitted by provisions of this chapter shall be considered as refuse. (Code 1987,§350.715;Ord.No.61-1993, §350.715,2-23-1994) Sec. 129-316. Screening and buffering. (a) Screening shall be required in all residential zones where: (1) Any off-street parking area contains more than four parking spaces and is within 30 feet of an adjoining residential zone; and (2) Where the driveway to a parking area of more than six parking spaces is within 15 feet of an adjoining residential use or zone. (b) Where any business (structure, parking or storage) is adjacent to property zoned or developed for any residential use, that business or industry shall provide screening along its boundary with the residential property. Screening shall also be provided where a business, parking lot, or industry is across the street from a residential zone, but not on that side of a business or industry considered to be the front (as determined by this chapter). (c) All exterior storage in commercial districts shall be screened.The exceptions are: 129:86 :O ATo To: Chair Ressler and Planning Commission Members Ron Olson, Interim City Administrator se From: Jeremy Barnhart,AICP eq Community Development Director kFSH�� Date: March 15, 2021 Subject: #20-53, CBS MN Properties, LLC, 2060 Wayzata Blvd, RPUD Concept Plan Review Application Summary: The applicant is proposing to develop the property as a Residential Planned Unit Development (RPUD);the first step is the review of a concept plan. Staff Recommendation: Planning Department Staff requests non-binding feedback on the proposed RPUD development. Background The subject property was originally developed as Amber Woods, a 10 unit office park condominium project in 2005. The site was graded, parking, and utilities installed, and in 2008 the first building was built. A second foundation was poured also, but no other development occurred on the property until 2017, when a Conditional Use Permit was granted and a day care center moved into the existing building. In the 2040 Comprehensive Plan,the property was guided for high density residential,with a density of 20-25 units per acre. Previously,the guided land use was commercial. Proposal The property owner desires to replat and develop the remaining portions of the original Amber Woods development into a 48 unit apartment building. The building would be 4 stories, including one level of underground parking for 66 stalls. The building is L shaped,with the short end to the north. The existing parking lot will be retained. Access to the underground parking area will be at the south end of the building. Access to the site is via an existing entrance off of Wayzata Blvd that is shared with the property to the east. The building is proposed with a flat roof,with a roof top deck over the 2nd floor at the south end of the structure. Individual apartments will have a balcony. The building exterior is shown as brick and siding. Exposed facades of the underground parking suggest a rough textured concrete block,this should be confirmed. The table below provides analysis of the project based on the RPUD requirements for Attached Family structures. FILE#LA20-53 March 15,2021 Page 2 of 4 LOT ANALYSIS WORKSHEET Section Standard Conforming? 1 (1) Minimum area: 5 acres or certain The property to be platted is 2.48 acres. The exceptions... Council may find that the project conforms to the exception under C: The property is located in an area where the proposed development provides a transition between a commercial or industrial area and an existing residential area or on an intermediate or principal arterial as defined in the comprehensive plan. 2 Uses. Multifamily residential uses are conforming. 3 Sewer availability Yes. 4 Density. Each development in the Conforms to the guidance of the RPUD district shall have a density Comprehensive Plan. The 2040 CMP guided the within the range specified in the property from Commercial to high density comprehensive plan for the specific residential. site. 5 Incentives.The city may utilize None requested. incentives to encourage the construction of projects which are consistent with the city's housing goals. 6 Floor Ratio,up to 1.0 Calculated preliminarily at 0.98(106,008 sq ft of floor area/108,028 sq ft of gross land). 7a Setbacks. Setbacks are 50'to Wayzata The plans reflect a setback of 82 feet from the Blvd,35 to the rear and the side. Drive front property line,36 feet from the side,and lanes 20'from exterior property lines. 35 feet from the rear property line. The regulation does require that"in no case shall the setback be less than the height of the structure." 7b Height,stories, roof style Non-Conforming. The ordinance requires a residential character by incorporating pitched of hipped roof,the proposal is for Residential pitched roofs. The building exceeds the height limit of 30'. Depending on what is used as highest existing ground level,the building is 35 feet(based on predevelopment grades)or 41 feet(based on current grades). More analysis of the height follows. 7c Outside storage No. None proposed. 11 10%Private Recreational Area(Active The floor plans show area labeled"amenity"on and/or Passive) the 2nd and 3rd floor,and a 750 sq ft amenity deck on the third floor. 10 percent of the project is 10,800 sq ft. 12 Common Ownership Conforming. Association documents required. FILE#LA20-53 March 15,2021 Page 3 of 4 13 Signage Signage located,plans not yet developed. 14 Landscaping Landscaping plans not yet developed. 15 Architectural Standards Elevations provided. 16 Flexibility from standards Requested. 17 Traffic Studies Not suggested. 18 Building Permits Expected. 19 General regulations applicability Expected. 20 Lighting Lighting plans not yet developed. 21 Trails Sidewalks and public walks proposed. Applicable Regulations: The RPUD regulations can be found in Division 11 of the zoning code, attached as Exhibit J. Analysis: The Planning Commission and City Council are asked to comment on this project generally, and on a couple of issues specifically. Site size. The property is not large enough to stand alone as a RPUD (requiring 5 acres), but the Commission could view it as a transition between commercial (to the west is a gas station) and residential (senior housing to the east, and single family residential to the north). In other areas, the Council has supported a RPUD for an undersized lot (Orono Apartment, Orono Crossings) when those projects were viewed as an architectural continuation of an adjacent RPUD development, Stonebay. This project is not viewed as a continuation of Orono Woods, an RPUD. Building Height. While there are two buildings taller than 30 feet in Orono (Orono Woods, built in 2002,and Stonebay condominium, built in 2006),the City Council has recently and consistently held firm on the building height issue, providing direction to applicants to stay within that height. The applicant has introduced a unique argument regarding the height, basing the height calculation on the site conditions found prior to grading for the Amber Woods development, where grading to support 'walk-out' style office buildings was completed. Even with this application of the site conditions,the building exceeds the design height by 5 feet. In the past,to accommodate height issues, the ceiling height and/ or lowest floor elevations have been manipulated. Roof style. The plan shows a flat roof, contradicting the requirement for a residential, pitched or hip roof style. While flat roofed residential structures are perhaps more common now than when the RPUD regulations were originally drafted,the Commission should comment on the roof design for this proposal along Wayzata Blvd. Setbacks. If the existing elevation is applied and the building is found to be 41 feet in defined height,flexibility from the setbacks relative to building height will be necessary. Private recreation. The plans does not show with any clarity the private recreation proposed. The FILE#LA20-53 March 15,2021 Page 4 of 4 applicant should provide commentary on his plans. Engineer Comments Engineering comments have not been generated at this stage. Stormwater will need to be managed on site in accordance with stormwater regulations. Public Comments To date, no public comments have been received. Issues for Consideration 1. Does the Commission support the additional height of the building? 2. Does the Commission support the waivers requested (roof style, setback)? 3. Are there any other issues or concerns with this application? Planning Staff Recommendation Planning Staff requests commentary on the proposed concept plan. List of Exhibits Exhibit A. Application Exhibit B. Site Plan Exhibit C. Building Elevations Exhibit D. Floor Plans Exhibit E. Site Rendering Exhibit F. Narrative Exhibit G. Current Grades Exhibit H. Predevelopment Grades Exhibit I. Building Height arithmetic Exhibit J. RPUD Regulations Land Use Application Summary Application Date: 08/13/2020 Address: 2060 Wayzata BLVD Orono, MN 55356 Parcel Number: 3411823210040 Land Use Number: LA20-000053 Application Submitted By: Agent on behalf of property owner Owner: Name: CBS MN PROPERTIES LLC Address: PO BOX 575 LONG LAKE, MN 55356 Applicant: Name: Dale Richardson Company: Custom Building Services LLC Address: 4741 South Lake Sarah Drive Maple Plain,MN 55359 dale.cbs@gmail.com Contact Information: Associated Contact: KIMBERLI ABBOTT kka.abbott@gmail.com Associated Contact: Associated Contact: Associated Contact: Project Description: rezone for residential multi-use high density 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: {j � � ! ti op w 7 .4Winir4,,, v) i i 5#.§IF4 i :::::,::“.: :1,-. wo,1,i.i41 OJiril lit! -xt v ,wilthege , U 1-31 '1" .=.1,,,,14%.ir v,5 77, o P ' I ,,!-1 ,,L.-;,..,,',,,":',,,.k•-z,,•_,A D ,„,j‘.; M. i EL,a 6.1-1 (,' 0 ' 3 If iiii1111111 411 '. . o Cd OG 0 , . •x',x.'",'"!'"' , --I 1 17,iitilli35ti '33! 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The above parcel of land along Wayzata Blvd is a perfect fit for the proposed apartment building. This type of housing diversity is needed and is in balance with the surrounding area which includes senior housing, single family residential, townhomes and commercial. The proposed building is also compatible in design to surrounding structures and neighborhoods. In line with the city's Comprehensive plan, adding multi unit housing will help increase tax base for the city as well as increase traffic for local businesses. Strengthening local markets will also help attract new businesses to town. This type of housing and residential growth also expands the employment base for local industries. The proposed building will have a brick exterior and will include underground parking, indoor pool, fitness center and resident gathering area. This high quality architecture fits the character of the area and will offer a great opportunity to keep people in town and draw others from surrounding areas to the community. -i ' c,,�,.':. k� .. rim 9 E5 f\`t 1t€ta Fzf i s >o 1-p V, - �; ti Zww ¢ , U gi t- �bglia Y t €gil a w�a rzt co o t t, ce co ,., ,i 6 I Si1ga i1g i Ili' U O T '.7 ° co 4s iia sg4: iii 4y w 1 u � '` ® 5 t[2f¢1{,iLS5i •$`7- g ILEA p /� ; . .'sok ' ■ $it1 is fg`1 8a iJiii W i1\ \ „,, . .ai r . :1-0:, - ' R p O oo Nc ry m oi. °' 4o L. 0 bi o a Ioj \•�. v� , lA999 µF�` Ilp\\ .. ./ �`/ ' � . �!� ' = �� ` He 1 ` �'1`ri�� i= ! ' ��-I- j � + � 1,31=- i.,offoI. � NI, voo,,..1 4 ti". ° I*. MI N I �� 1014 �- �� 1016 4t r , 1 21 its I 01.\ _ 01 , �® 1018 II V\ it �M 1 \ �i la 1 or HC%� ...,:.(t. Tn `Q7' .p °�O 0 ` ���� 1\ 1 �'N I. s a 1.' 1 II at , I il ' L11 - h ►*iiicI t �pj( '.., of § g\N l ''.I '\\ )A #i I-- I A , 1,, , $1 Io0, 1/1‘ t'\'',111.:" 3'+ ,, f / • \016-. •/-.. 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OO l X96. v96 Wayzata B f SUS \llwy. ko. 12) /7 ._ x'.,.» anT"47 (/) $ §.4 §.41 ; iit1s( a :-.'.-M, Lb n1-7.1 i F- ,1i! ippi to Q m W3 ; ce o ' s3 , o: =I e 22tisf 11 pW x J 11";41-111{1:i .1 ,,o.,a1 i eX ,:,:4, r ' r■ jtl.tst kts 10 1F€1a 0 W r, I 1 1 I \ r I •I L' — I\. t`, sij. ,(/ %\ r' '''' \\\ •\\ \\ .-------7,,,--.._o o -,� 1 /— / / T g r /�F \�. \ \ \ \\ %;�-1 I -I/ \ F; % \ \ I i I 1 \ \ PARKING SETBACK `\ N \ 11 C ` \ -• C-._..�.._. s. 1 1 \ 1 \ \\ \\ 1 \ \\ \ \ \ \\ \ 11 _'� \ \ \ \ •\ \ \ \\ \ \\ ..k.-\- -x. - ,1 ' ,\ \\ \\ BUILDING SETBACK 01111111111k:Ir.'\\ \ I \ \ \\\ \ \ ....., , \\ .... � \1 \ \ \\ \ \ \\ \\\ \\�„„ 1 \ \ \ \\ \ \j \\1 -,\ \ \ \1 \ — \-\\\ \\ \ \ \ \ m I I \ 1 \ \ \ 1 \ /` 1 11 \ \� \\ \\ Ym / 4. • }f, � \\ 'd\ N. \ / N \ ` I ------ 1\ /'� \ \ • \\ \N `` 1 / / /,I- \ \ I. \ \ \ \ \ / / / // - — \ \ _ \ \\ \\ \ / / / ////�% / --- — / ! / / / i /i i------+Bo--_— —111 ez2 / / / 7 t `t �i \\ tI --age_ ” 1 ,/ j / 0 I 1 �� \\I ' / / l• / / IlIi —_ 1 / I l f ooro$ I // / Il ------wa 1 1 /l I l / I / / ' ///i / / Ex.ofi'DR/yVT / / 1 ii pi /K 1 \ a l V / \ I / :, CHMARK / v vv 1 ' N 37 I I 1 I I � �0. Nut Of Hydrant / \ \ o' / >' 1011.4 Feet -- \ m I I i (NGVD '29) 1 / \ \I I1 �o g m 1 I I. '1 '-\ < —__ — J,r/ / it a - I _ �I oBe \ 1� 8g— 1 I I 1 I J / °T �!rr•` _ / / j « —� - . -_ W1 H AM II 'YI > SnN MH _-- /. \ TOP=10029 121..001.3 TX:Z.3 INV? /' \\\\ °oar CU/\ °08\ a,{ `_' Wayzata Blvd�U .S 'Hwy Na 12) 1 BUILDING HEIGHT Planning&Zoning Department 952-249-4620 www.ci.orono.mn.us �AkE5H0�� _ rfe Pet'• i7ra iff) All buildings in Orono are limited to a maximum building height of 30 feet or less, as defined within City Code Section 78-1 as follows: Building height means the vertical distance between the highest existing ground level or ten feet above the lowest ground level, whichever is lower, and the top of the cornice of a flat roof, or the deck line of a mansard roof, or the uppermost point on a round or other arch-type roof, or the median height of the highest gable of a pitched or hipped roof. Topographic changes which elevate the adjoining ground level above the existing terrain shall not be considered in determining building height. How to determine the defined height for a building: t f/ Distance Between First Floor and defined Top of Roof* as defined above. (a) 5 First Floor Elevation (from building plans): (b) ;2°C Highest existing ground level touching the building's footprint(per (c) ,e z O survey) or 10' above lowest ground level, whichever is lower: Difference between (b) and (c)**: (d) d DEFINED HEIGHT **If highest existing adjacent grade is above FFE-Height is (a) - (d) OR (e) If highest existing adjacent grade is below FFE-Height is (a) +(d) For More Information Contact the Planning and Zoning Department at 952-249-4620 or planninqAci.orono.mn.us. Last Updated: January 2021 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 1 of 1 �-O4o BUILDING HEIGHT y Planning &Zoning Department 952-249-4620 F �` www.ci.orono.mn.us r��FsaoF�' C vrtrew4 eitraVE5 All buildings in Orono are limited to a maximum building height of 30 feet or less, as defined within City Code Section 78-1 as follows: Building height means the vertical distance between the highest existing ground level or ten feet above the lowest ground level, whichever is lower, and the top of the cornice of a flat roof, or the deck line of a mansard roof, or the uppermost point on a round or other arch-type roof, or the median height of the highest gable of a pitched or hipped roof. Topographic changes which elevate the adjoining ground level above the existing terrain shall not be considered in determining building height. How to determine the defined height for a building: .t u Distance Between First Floor and defined Top of Roof*as defined above. (a) -57• 0 First Floor Elevation (from building plans): (b) : &i 6. Highest existing ground level touching the building's footprint (per survey) or 10' above lowest ground level, whichever is lower: (c) ©(Z Difference between (b) and (c)**: (d) (i2 tO" DEFINED HEIGHT **If highest existing adjacent grade is above FFE-Height is (a)- (d) OR (e) 'Ho If If highest existing adjacent grade is below FFE-Height is (a) + (d) For More Information Contact the Planning and Zoning Department at 952-249-4620 or planninq(c�ci.orono.mn.us. Last Updated: January 2021 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 1 of 1 DIVISION 11.-RPUD RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT Footnotes: --(7)--- Cross reference—Planned unit development,§78-1001 et seq. Sec.78-621.-Purpose. The purpose of the residential planned unit development(RPUD)district is to provide a district which will allow for the implementation of certain residential housing goals established in the 2000-2020 Orono Community Management Plan ("CMP"or"comprehensive plan").The RPUD district is established to accommodate the densities and types of residential development contemplated in the CMP by incorporating the principles of the planned unit development concept.The RPUD district will encourage the following: (1) Flexibility in land development and redevelopment in order to utilize new techniques of building design, construction and land development; (2) Provision of housing to meet lifecycle,and affordable and moderate cost housing needs; (3) Energy conservation through the use of more efficient building designs and sitings and the clustering of buildings and land uses; (4) Preservation of desirable site characteristics and open space and protection of sensitive environmental features, including steep slopes,poor soils and trees; (5) High quality of design and design compatible with surrounding land uses,including both existing and planned; (6) Sensitive development in transitional areas located between different land uses and along significant corridors within the city;and (7) Development which is consistent with the comprehensive plan. (Ord. No.202 2nd series,§ 1(1),2-26-2001) Sec.78-622.-Exceptions. This section shall not apply to any residential PUD or PRD which has received preliminary or final approval by the city council prior to the effective date of the ordinance from which this division is derived,unless such application is requested by the property owner and approved by the city council. (Ord. No.202 2nd series,§ 1(9),2-26-2001) Sec.78-623.-Permitted uses. Within the RPUD district, no structure or land shall be used except for one or more of the following uses: (1) One-family detached dwellings. (2) Publicly owned parks and playgrounds. (3) Municipal buildings. (4) Multifamily attached dwellings only when consistent within the areas of the city designated as urban area in the comprehensive plan. (Code 1984, § 10.20(2);Ord. No.202 2nd series§ 1(2),2-26-2001) State Law reference—State mandated permitted uses, Minn.Stat.§462.357,subd.7. Sec.78-624.-Conditional uses. Within the RPUD district,no land or structure shall be used for the following uses except by conditional use permit: (1) Public service structures. Public service structures,including but not limited to electric transmission lines, buildings,such as telephone exchange stations, booster or pressure regulating stations,wells,and plumbing stations,elevated tanks,lift stations and electrical power substations,provided no building shall be located within 50 feet from any lot line of an abutting lot in an R district. Prior to granting such permit it shall be found that the architectural design of service structures is compatible to the neighborhood in which it is to be located and thus will promote the general welfare. Public service structures that have been approved by the city at required public hearings for public improvement projects shall not require a conditional use permit, but such structures shall be subject to all other appropriate standards set forth in this section;amendments to approved plans involving design and/or placement of these structures will require written notice by the city to all affected property owners 14 days prior to the adoption of the amended plans by the council. Personal wireless services and commercial broadcasting antennas and towers shall not be considered public service structures.Uses allowed by conditional use permit shall be reviewed for compliance with the PUD master development plan and with the applicable conditional use permit standards of this division. Uses allowed by conditional use permit shall also be subject to site and building plan review pursuant to this division. (2) Assisted living facilities.Assisted living facilities as defined in this chapter,subject to the general conditions and multifamily-specific conditions applicable to uses in the RPUD district. (Ord. No.202 2nd series,§ 1(3),2-26-2001; Ord. No.75 3rd series,§ 1,7-12-2010) Sec.78-625.-Accessory uses. Within any RPUD district,the only permitted accessory uses and structures are the following: (1) Private garages and parking space. (2) Private swimming pools,tennis courts,and paddocks. (3) Home occupations,as defined in this chapter.All home occupations shall comply with the provisions of section 78-1376,and the licensing provisions of section 26-76,when applicable. (4) Signs,as regulated in this chapter. (5) Buildings temporarily located for purposes of constructing on the premises for a period not to exceed time necessary for such constructing. (6) Gardening and other horticultural uses, including aviaries and decorative landscape features. (7) Communication reception/transmission devices as follows: a. Accessory antennas,which shall be limited to radio and television receiving antennas,satellite dishes,TVROs, and amateur shortwave radio transmitting and receiving antennas.Accessory antennas that are accessory to the principal use of property are permitted accessory uses in all zoning districts,provided they meet the following conditions: 1. Height.A ground-mounted accessory antenna shall not exceed 20 feet in height from ground level. 2. Yards.Accessory antennas shall not be located within the required front yard setback,corner side yard setback or side yard setback abutting a street. 3. Roofs. If vegetation or obstructions interfere with satellite signals at a location in any allowable placement area,the accessory antenna may be placed on the roof of any authorized structure on the premises. 4. Location.Accessory antennas shall not be located within a required yard or setback area or within drainage or utility easements.Antenna towers shall be set back from adjacent property lines a horizontal distance no less than the maximum height of the antenna. 5. Building permits.A building permit shall be required for the installation of any accessory antenna requiring a conditional use permit. Building permit applications shall be accompanied by a site plan and structural component data for the accessory antenna, including details of anchoring.The building official must approve the plans before installation. 6. Lightning protection. Each accessory antenna shall be grounded to protect against natural lightning strikes in conformance with the National Electrical Code as adopted by the city. 7. Electrical code.Accessory antenna electrical equipment and connections shall be designed and installed in conformance with the National Electrical Code as adopted by the city. 8. Color/content.Accessory antennas shall be of a neutral color and shall not be used as signage. b. Amateur shortwave radio antennas and towers which do not meet the conditions for accessory antennas may be allowed with a conditional use permit in all zoning districts, provided they meet the following conditions: 1. Height.When an amateur shortwave radio antenna is mounted on an antenna tower,the total height of the antenna and tower shall not exceed 65 feet. 2. Yards.Amateur shortwave radio antennas and towers shall not be located within a front corner side or side yard. 3. Setbacks.Amateur shortwave radio antennas and towers shall not be located within any required setback area and shall be located no less than the height of the antenna and town from the property line. (8) Privately owned buildings to be used for recreational or social purposes,or for use as storage areas for maintenance equipment or rubbish. (9) Other uses that are customarily incidental to,and subordinate to,the allowed permitted and conditional uses in this district. (Code 1984, § 10.20(4); Ord. No. 161 2nd series,§6, 6-7-1997; Ord. No.202 2nd series,§ 1 (4),2-26-2001;Ord. No. 221 2nd series,§3, 9-23-2002;Ord. No. 106 3rd series,§ 12,6-10-2013) Sec.78-626.-Development standards. Within the RPUD district all development shall be in compliance with the following: (1) Minimum area;shoreland district limitation. Each site proposed for rezoning to RPUD shall have a minimum area of five acres,excluding areas within a designated wetland,floodplain or shoreland district or right-of-way, unless the council finds the existence of one of the following: a. Unusual physical features of the property itself or of the surrounding neighborhood such that development as a RPUD will conserve a physical or topographic feature of importance to the neighborhood or community. b. The property is directly adjacent to or across a public street from property which has been developed previously as a RPUD or planned residential development and will be perceived as and will function as an extension of that previously approved development. c. The property is located in an area where the proposed development provides a transition between a commercial or industrial area and an existing residential area or on an intermediate or principal arterial as defined in the comprehensive plan. d. The property contains steep slopes or a substantial number of significant trees that could be preserved through the clustering of buildings or other design techniques not generally allowed by the existing zoning district. No property located within 250 feet of the ordinary high water level(OHWL)of a protected lake or tributary as defined in article IX of this chapter shall be rezoned to RPUD. However,for a property that is partially located less than 250 feet from the OHWL and partially located more than 250 feet from the OHWL,the portion located more than 250 feet from the OHWL may be rezoned to RPUD at the discretion of the city council when all other requirements are met. (2) Uses. Each property rezoned to RPUD shall only be used for the use or uses for which the site is designated in the comprehensive plan,except that the city may permit rezoning to RPUD on a site designated for commercial use if the city council finds that such use is in the best interests of the city and is consistent with the requirements of this division. If a commercial site is to be rezoned to RPUD,the city may forward a copy of the request to the metropolitan council for review. (3) Sewer availability.A site proposed to be rezoned to RPUD with proposed density greater than one unit per two acres must be in the metropolitan urban services area(MUSA)and must be serviced by municipal sewer. (4) Density. Each development in the RPUD district shall have a density within the range specified in the comprehensive plan for the specific site. If the site is not designated in the comprehensive plan for residential use,the appropriate density shall be determined by the city based upon the city council's finding that such density is consistent with the intent of this division and of the comprehensive plan. Developments with proposed densities in excess of the densities contemplated in the comprehensive plan shall be allowed only on properties which are currently zoned and guided for commercial use,in order to maintain the character and integrity of the areas zoned and guided for residential use. (5) Incentives.The city may utilize incentives to encourage the construction of projects which are consistent with the city's housing goals. Incentives may include modification of density(only for properties currently zoned and guided for commercial use)and floor area ratio requirements for developments providing lifecycle housing and affordable and moderate cost housing. Incentives for affordable and moderate cost housing may be approved by the city only after the developer and city have entered into an agreement to ensure that the low and moderate cost units remain available to persons of low and moderate income for at least 20 years. (6) Floor area ratio. Floor area ratios(FARs)shall be limited per the following table: Comprehensive Plan Designation Maximum Floor Area Ratio* Low or medium density residential (up to 50 and including 6.0 units per 0.5 acre) High density residential (in excess of 6.0 units per acre) 1.0 *FAR=Total Building Floor Area/Total Lot Area Individual lots within a development in the RPUD district may exceed these standards as long as the average meets these standards. (7) Development standards for attached and multifamily dwelling structures. Each site rezoned to RPUD and developed for attached or multiple-family dwelling uses shall be subject to the following standards: a. Setbacks and separation of uses.Within the RPUD district the setback for all attached and multifamily dwelling buildings and their accessory buildings from any bordering or abutting street line shall be 35 feet for local streets and 50 feet from railroad lines or collector or arterial streets,as designated in the comprehensive plan,except that in no case shall the setback be less than the height of the building.The setback for all buildings from exterior RPUD site lot lines not abutting a public street shall be 35 feet,except that in no case shall the setback be less than the height of the building. Building setbacks from internal public streets shall be determined by the city based on characteristics of the specific RPUD site. Parking lots and driving lanes shall be set back at least 20 feet from all exterior lot lines of a RPUD site.The setback for parking structures,including decks and ramps,shall be 35 feet from local streets and 50 feet from all other street classifications,except that in no case shall the setback be less than the height of the structure. Parking structure setbacks from external lot lines shall be 50 feet or the height of the structure,whichever is greater, when adjacent to residential properties;35 feet,when adjacent to nonresidential properties. Parking structure setbacks from internal public or private streets shall be determined by the city based on characteristics of the specific RPUD site.Where industrial uses abut developed or platted single-family lots outside the RPUD site,greater exterior building and parking setbacks may be required in order to provide effective screening.The city council shall make a determination regarding the adequacy of screening proposed by the applicant.Screening may include the use of natural topography or earth berming,existing and proposed plantings and other features,such as roadways and wetlands,which provide separation of uses. Property rezoned to RPUD shall be considered a residential district for purposes of determining building and parking setback requirements on adjacent high density residential,commercial and industrial property outside the RPUD. b. Height/imitations.For properties guided for residential use in the comprehensive plan,a building height limit of 30 feet shall apply. For properties currently zoned or guided in the comprehensive plan for commercial use,height may exceed 30 feet but shall not exceed three stories(not including underground parking level) and shall maintain a residential character by incorporating pitched or hipped roof structure. No mansard or flat roofed multiple-family building will be allowed. c. Outside storage limitations. Building materials, recreational vehicles, boats, RV's,snowmobiles,and other items of personal property shall not be stored outside within any site used for attached or multifamily uses. (8) Development standards for single-family detached dwellings in the RPUD district. Each RPU D site developed for single-family detached dwellings at medium density(i.e.,densities ranging from one unit per acre to six units per acre)shall be subject to the following standards: a. Permitted locations:in areas of the city where smaller single-family detached dwelling lots will allow for clustering to preserve significant natural features,or in areas where a mixture of higher density attached dwellings and lower density detached single-family dwellings will result in a development that does not exceed the overall guided density. b. Minimum SFR lot size: 15,000 square feet. c. Minimum lot width at the setback line:90 feet. d. Minimum lot depth: 125 feet. e. Minimum front yard setback:25 feet on internal streets within the RPUD site.On exterior or through streets a setback of 35 feet must be provided on local streets and a 50-foot setback on collector or arterial streets,as defined in the comprehensive plan. f. Minimum side yard setback:ten feet along interior lot lines; 15 feet on lot lines along the exterior of the RPUD site.Side yards abutting streets must meet the minimum front yard setbacks as noted in subsection (8)e of this section.Structures in side yards abutting another residential zoning district shall meet the side yard setback requirement of the adjacent zoning district. g. Rear yard setback: minimum of 40 feet or 20 percent of the depth of the lot,whichever is less. h. Building height: maximum of 30 feet. i. All dwelling units,including manufactured homes,shall have a depth of at least 20 feet for at least 50 percent of their width.All dwelling units, including manufactured homes,shall have a width of at least 20 feet for at least 50 percent of their depth. j. All dwellings shall have a permanent foundation in conformance with the state building code. k. Accessory structures shall conform to the setbacks established for principal structures,except as follows: 1. All accessory structures located more than ten feet from a principal structure may be located a minimum of ten feet from a rear or side lot line when that line does not abut a street right-of-way. 2. No accessory structure shall be located closer to the front lot line than the principal structure, regardless of the principal structure setback. I. No accessory structure shall occupy more than 30 percent of the side or rear yard in which it is located, nor exceed 1,000 square feet in area, nor exceed 12 feet in height. m. Off-street parking shall be provided for at least two vehicles for each single-family dwelling.A suitable location for a garage measuring at least 20 feet by 24 feet without a variance shall be provided and indicated as such on a site plan or certified site plan to be submitted when applying for a building permit to construct a new dwelling or alter an existing garage. (9) More than one building allowed. More than one building may be placed on one platted or recorded lot in a RPUD site. (10) Single housing type permitted.Any RPUD development which involves a single housing type shall be permitted, provided that it is otherwise consistent with the objectives of this division and the comprehensive plan. (11) Private recreational area. Each RPUD development shall provide a minimum of ten percent of the gross project area in private recreational uses for project residents.Such area shall be for active or passive recreational uses suited to the needs of the residents of the project, including swimming pools,trails, nature areas, picnic areas, tot lots and saunas. Private recreational area requirements are in addition to the standard park dedication requirements. (12) Ownership.All property to be included within a RPUD development shall be under unified ownership or control, or subject to such legal restrictions or covenants as may be necessary to ensure compliance with the approved master development plan and final site and building plan. (13) Signage.Signs shall be restricted to those which are permitted in a sign plan approved by the city and shall be regulated by permanent covenants. (14) Landscaping,screening and buffering. a. Landscape plan requirements. Landscape plans shall be prepared by a landscape architect or other qualified person acceptable to the city,drawn to the scale of not less than one inch equals 50 feet and shall show the following: 1. Boundary lines of the property with accurate dimensions; 2. Locations of existing and proposed buildings, parking lots, roads,trails and other improvements; 3. Proposed grading plan with two-foot contour intervals; 4. Location,approximate size and common name of existing trees and shrubs; 5. A planting schedule containing symbols,quantities,common and botanical names,size of plant materials, root condition and special planting instructions; 6. Planting details illustrating proposed locations of all new plant material; 7. Locations and details of other landscape features, including berms,fences and planter boxes; 8. Details of restoration of disturbed areas, including areas to be sodded and seeded; 9. Location and details of irrigation systems;and 10. Details and cross sections of all required screening. b. Minimum landscaping requirements. 1. All open areas of a lot which are not used or improved for required parking areas, drives,trails or storage shall be landscaped with a combination of deciduous and coniferous species, including overstory trees, understory trees,shrubs,flowers and groundcover materials.The plan for landscaping shall include ground cover, bushes,shrubbery,trees,sculpture,foundations,decorative walks or other similar site design features or materials in a quantity having a minimum value in conformance with the following table: Minimum Tree and Shrub Requirements Vegetation Type Size Quantity Overstory deciduous 2.5-inch bb(Caliper) One tree per 1,000 gross square feet of building trees footprint area or one tree per 40 lineal feet of site perimeter,whichever is greater. Coniferous trees 6-foot height bb Minimum of 30 percent of required overstory trees must be coniferous Understory shrubs 3-gal. potted or 18-inch One shrub per 300 gross square feet of building footprint area or one shrub per 30 lineal feet of site perimeter,whichever is greater. Ornamental deciduous 1.5-inch bb(Caliper) Not required; but two ornamental deciduous trees trees may be substituted for one required overstory deciduous tree(maximum substitution equals 25 percent of required overstory deciduous trees) Credits for existing trees:The city council shall have sole discretion whether credit shall be granted for existing healthy trees In instances where healthy plant materials of acceptable species exist on a site prior to its development, the application of the standards in subsection(14)b of this section may be adjusted by the city to allow credit for such material,provided that such adjustment is consistent with the intent of this division. 2. A reasonable attempt shall be made to preserve as many existing trees as is practicable and to incorporate them into the site plan. 3. All new overstory trees shall be balled and burlapped or moved from the growing site by tree spade. Deciduous trees shall have a minimum caliper of 21/2 inches.Coniferous trees shall be a minimum of six feet in height.Ornamental trees shall have a minimum caliper of 11/2 inches. 4. All site areas not covered by buildings,sidewalks, parking lots,driveways,trails, patios,or similar hardcover shall be covered with sod or an equivalent ground cover approved by the city.This requirement shall not apply to site areas retained in a natural state. 5. In order to provide for adequate maintenance of landscaped areas,an underground sprinkler system shall be provided as part of each new development, except one-and two-family dwellings and additions to existing structures which do not at least equal the floor area of the existing structure.A sprinkler system shall be provided for all landscaped areas,except areas to be preserved in a natural state. 6. Not more than 50 percent of the required number of trees shall be composed of one species.The city shall maintain a list of prohibited species,which shall not be used for landscaping. c. Interior parking lot landscaping. 1. All parking lots containing over 100 stalls shall be designed to incorporate unpaved,landscaped islands in number and dimension as required by the city.All landscape islands shall contain a minimum of 180 square feet. Islands which are necessary to promote the safe and efficient flow of traffic shall not be subject to the 100-stall standard and shall be required by the city when warranted. 2. Parking lot landscape areas, including landscape islands,shall be reasonably distributed throughout the parking lot area so as to break up expanses of paved areas. Parking lot landscape areas shall be provided with deciduous shade trees,ornamental or evergreen trees, plus ground cover, mulch and/or shrubbery as determined appropriate by the planning commission. Parking lot landscape trees shall be provided at the rate of one tree for each 15 surface parking spaces provided,or major fraction thereof. Parking lot landscaping shall be contained in planting beds bordered by a raised concrete curb or equivalent approved by the planning commission. d. Maintenance of landscaping.The owner,tenant and their respective agents shall be jointly and severally responsible for the maintenance of all landscaping in a condition presenting a healthy, neat and orderly appearance and free from refuse and debris. Plants and ground cover which are required by an approved site or landscape plan,and which have died,shall be replaced within three months of notification by the city. However,the time for compliance may be extended up to nine months by the city in order to allow for seasonal or weather conditions. e. Retaining walls. Retaining walls exceeding four feet in height,and staged walls which cumulatively exceed 16 feet in height or involve more than four tiers,must be constructed in accordance with plans prepared by a registered engineer or landscape architect. f. Landscaping performance security required.When screening, landscaping or other similar improvements to property are required by this division,a letter of credit shall be supplied by the owner in an amount equal to at least 1'h times the value of such screening,landscaping or other improvements.The letter of credit shall be conditioned upon reimbursement of all expenses incurred by the city for engineering, legal,contracting or other fees in connection with making or completing such improvements.The letter of credit shall be provided prior to the issuance of any building permit and shall be valid for a period of time equal to two full growing seasons after the date of installation of the landscaping.The city may accept some other form of security in lieu of a letter of credit in an amount and under such conditions that the city may determine to be appropriate. If construction of the project is not completed within the time prescribed by building permits and other approvals,the city may,at its option,complete the work required at the expense of the owner and the surety.The city may allow an extended period of time for completion of all landscaping, if the delay is due to conditions which are reasonably beyond the control of the developer. Extensions,which may not exceed nine months,may be granted due to seasonal or weather conditions.When an extension is granted,the city shall require such additional security as it deems appropriate. g. Screening and buffering. 1. The following uses shall be screened or buffered in accordance with the requirements of this section: i. Principal buildings and structures and any building or structure accessory thereto used for residential uses at a density of greater than four units per acre shall be buffered from residential lots located in any R district. ii. Off-street parking facilities containing six or more spaces shall be buffered from streets located within 50 feet. Parking facilities shall be buffered with landscape zones. iii. Loading docks shall be screened from all lot lines and public roads. iv. Trash storage facilities shall be screened from all lot lines and public roads. v. Access roads serving multifamily buildings shall be screened as necessary to eliminate the impact of vehicle headlights shining toward adjacent residential neighborhoods. 2. Required screening or buffering may be achieved with fences,walls,earth berms, hedges, or other landscape materials.All walls and fences shall be architecturally harmonious with the principal building. Earth berms shall not exceed a slope of 3:1.The screen shall be designed to employ materials which provide an effective visual barrier during all seasons. 3. All required screening or buffering shall be located on the lot occupied by the use, building,facility or structure to be screened. No screening or buffering shall be located on any public right-of-way or within eight feet of the traveled portion of any street or highway. 4. Screening or buffering required by subsection(14)of this section shall be of a height needed to accomplish the goals of subsection(14)of this section.Screening methods incorporating roofs over storage,trash or mechanical facilities to screen from higher adjacent properties or buildings may be required. Height of plantings required under subsection(14)of this section shall be measured at the time of installation. (15) Architectural standards. a. It is not the intent of the city to restrict design freedom unduly when reviewing project architecture in connection with a site and building plan. However,it is in the best interest of the city to promote high standards of architectural design and compatibility with surrounding structures and neighborhoods. Architectural plans shall be prepared by an architect or other qualified persons acceptable to the city and shall show the following for all structures other than single-family detached dwellings: 1. Elevations of all sides of the building. 2. Type and color of exterior building materials. 3. A typical floor plan. 4. Dimensions of all structures. 5. The location of trash and recycling containers and of heating,ventilation and air conditioning equipment. b. Unadorned prestressed concrete panels,concrete block and unfinished metal shall not be permitted as exterior materials for residential principal and accessory buildings.This restriction shall apply to all principal structures and to all accessory buildings.The city may,at its discretion,allow architecturally enhanced block or concrete panels. c. Accessory buildings shall be architecturally compatible with principal structures. d. All rooftop or ground-mounted mechanical equipment and exterior trash and recycling storage areas shall be ft screened so as to be not visible with materials compatible with the principal structure. e. Underground utilities shall be provided for all new and substantially renovated structures(the term "substantially renovated"shall mean when the renovations exceed 30 percent of the prerenovation value of the structure). (16) Flexibility.The uniqueness of each RPUD requires that specifications and standards for streets,utilities, public facilities and subdivisions may be subject to modification from the city ordinances ordinarily governing them.The city council may therefore approve streets, utilities, public facilities and land subdivisions which are not in compliance with usual specifications or ordinance requirements, if it finds that strict adherence to such standards or requirements is not required to meet the intent of this section or to protect the health,safety or welfare of the residents of the RPUD,the surrounding area or the city as a whole. (17) Traffic studies.The city may require a traffic analysis to be prepared by a registered traffic engineer approved by the city to assess potential traffic impacts on local streets. If impacts on service levels of roadways and intersections are anticipated,the project will be approved only contingent upon a traffic management plan that adequately mitigates those impacts.The plan may include travel demand management strategies, use of transit facilities or other appropriate measures to reduce traffic generation,and necessary improvements to road systems.The developer shall have the responsibility to install all necessary road system improvements. (18) Building permits. No building or other permit shall be issued for any work on property included within a proposed or approved RPUD development, nor shall any work occur unless such work is in compliance with the proposed or approved RPUD development. (19) General regulations applicability.The requirements contained in this division pertaining to general regulations for residential districts and performance standards shall apply to a RPUD development as deemed appropriate by the city. (20) Lighting standards.All RPUD developments shall be subject to the general performance standards for lighting in this chapter. (21) Trails.When any portion of the project is within 1,000 feet of a public trail system, pedestrian access shall be provided to the trail system by means of a public trail constructed at the developer's expense.Where public rights-of-way are available,at the city's discretion the trail may utilize the public right-of-way.Trails shall be of bituminous construction,or such other material as may be approved by the city and shall be not less than eight feet in width. (Ord. No. 202 2nd series,§ 1(5),2-26-2001; Ord. No.94 3rd series,§2,9-24-2012; Ord. No. 189 3rd series,§6,4-10-2017) Sec.78-627.-Review of application; procedures. (a) Concept plan review. In order to receive guidance in the design of a RPUD prior to submission of a formal application,an applicant may submit a concept plan for review and comment by the planning commission and city council.Submission of a concept plan is optional but is highly recommended for large RPUDs. In order for the review to be of most help to the applicant,the concept plan should contain such specific information as is suggested by the city. Generally,this information should include the following: (1) Approximate building, road and trail locations; (2) Height, bulk and square footage of buildings; (3) Type and square footage of specific land uses; (4) Number of dwelling units; (5) Generalized grading plan showing areas to be cut,filled and preserved;and (6) Staging and timing of the development. The comments of the planning commission and city council shall address the consistency of the concept plan with this section.The comments of the planning commission and city council shall be for guidance only and, if positive,shall not be considered binding upon the planning commission or city council regarding approval of the formal RPUD application when submitted. (b) Master development plan and rezoning.Approval of a rezoning to RPUD and approval of a master development plan shall be subject to the procedures outlined in this chapter for a zoning map amendment.The master development plan shall contain the following: (1) Building location, height, bulk and square footage; (2) Type and square footage of specific land uses; (3) Number of dwelling units; (4) Detailed street and utility locations and sizes; (5) Parking layout; (6) Drainage plan, including location and size of pipes and water storage areas; (7) Grading plan and drainage plan,including two-foot contours; (8) Generalized landscape plan; (9) Generalized plan for uniform signs and lighting; (10) Plan for timing and phasing of the development; (11) Covenants or other restrictions proposed for the regulation of the development; (12) Renderings or elevations of all sides of buildings to be constructed in the first phase of the development; (13) Trail plan; and (14) Lighting plan. Approval of the master development plan shall indicate approval of the listed items in subsections(b)(1)—(b)(14)of this section and shall occur in conjunction with rezoning of the property to RPUD.After rezoning the property to RPUD, nothing shall be constructed on the RPUD site except in conformance with the approved plans and this section. The procedure for notification of and public hearing on the master development plan shall be the same as required for a zoning map amendment by this chapter. (c) Development agreement/financial guarantee. Following the approval of the master development plan but prior to final plan approval,the applicant shall enter into an agreement with the city relating to the terms of the RPUD development,and shall also provide such financial guarantees as the city requires or deems necessary.Such agreement may take the form of: (1) A development contract; (2) A site improvement performance agreement; and/or (3) Another form of binding instrument as may be required by the city. (d) Final site and building plan.Approval of a final site and building plan for the entire RPUD or for specific parts of the RPUD shall be subject to the procedures outlined in this division.The final site and building plan shall contain information as required by the city, including the following: (1) Detailed utility,street,grading and drainage plans; (2) Detailed building elevations and floor plans; (3) Detailed landscaping,sign and lighting plans; and (4) Detailed trail plan. (e) Substantial compliance.The final site and building plan shall be in substantial compliance with the approved master development plan.Substantial compliance shall mean: (1) Buildings, parking areas, roads and trails are in substantially the same location as previously approved; (2) The number of residential living units has not increased or decreased from that approved in the master development plan; (3) The gross floor area of any individual building has not been increased from that approved in the master development plan; (4) There has been no increase in the number of stories in any building; (5) Open space has not been decreased or altered to change its original design or intended use; and (6) All special conditions required on the master development plan by the city have been incorporated into the final site and building plan. Approval of a final site and building plan shall signify approval of all plans necessary prior to application for a building permit,subject to conformance with any conditions on the approval and subject to other necessary approvals by the city. (f) Simultaneous review.Applicants may combine the final site and building plan review with the master development plan review by submitting all information required for both stages simultaneously. (g) Basis for approval;conditions. In evaluating a site and building plan,the planning commission and city council shall base their recommendations and actions regarding approval of a RPUD on a consideration of the following: (1) Compatibility of the proposed plan with this section and consistency with the goals, policies,and objectives of the comprehensive plan and surface water management plan; (2) Preservation of the site in its natural state to the greatest extent practicable by minimizing tree and soil removal and designing grade changes to be in keeping with the general character and appearance of neighboring properties; (3) Creation of compatible relationships between buildings and open spaces both on the site and adjacent to it, incorporating natural site features and with existing and future buildings having a visual relationship to the development,giving special attention to: a. An internal sense of order for the buildings and uses on the site and provision of a desirable environment for occupants,visitors and the general community. b. The amount and location of open space and landscaping. c. Materials,textures,colors and details of construction as an expression of the design concept and the compatibility of the same with the adjacent and neighboring structures and uses;and vehicular and pedestrian circulation,including walkways, interior drives and parking in terms of location and number access points to the public streets,width of interior drives and access points,general interior circulation, separation of pedestrian and vehicular traffic and arrangement and amount of parking. (4) Promotion of energy conservation through design, location,orientation and elevation of structures,the use and location of glass in structures and the use of landscape materials and site grading; (5) Protection of adjacent and neighboring properties through reasonable provisions for surface water drainage, sound and sight buffers, preservation of views, light and air and those aspects of design not adequately covered by other regulations which may have substantial effects on neighboring land uses; and (6) Such other factors as the planning commission or city council deem relevant. The planning commission and city council may attach such conditions to their actions as they shall determine necessary or convenient to better accomplish the purposes of this section. (Ord. No.202 2nd series,§ 1(6),2-26-2001) Sec.78-628.-Term of approval. (a) If application has not been made for a final site and building plan approval pursuant to the approved master development plan for all or a part of the property within a RPUD by December 31 of the year following the date on which the RPUD zoning map amendment became effective or, if within that period no extension of time has been granted,the city council may rezone the property to the original zoning classification at the time of the RPUD application or to a zoning classification consistent with the comprehensive plan designation for the property. In the absence of a rezoning,the approved master development plan shall remain the legal control governing development of the property included within the RPUD. (b) If construction on the property included within an approved final site and building plan has not started by December 31 of the year following the date on which such final site and building plan was approved or, if building construction in a phase of a RPUD approved to be built in phases has not started within this period,or, if within that period no extension of the time has been granted,the city council may rezone the property to the original zoning classification at the time of the RPUD application or to a zoning classification consistent with the comprehensive plan designation for the property. In the absence of rezoning,the approved master development plan and final site and building plan shall remain the legal control governing development of the property included within the RPUD. (Ord. No.202 2nd series, § 1(7),2-26-2001) Sec.78-629.-Amendments. Major amendments to an approved master development plan may be approved by the city council after review by the planning commission.The notification and public hearing procedure for such amendment shall be the same as for approval of the original RPUD.A major amendment is any amendment which: (1) Substantially alters the location of buildings, parking areas or roads; (2) Increases or decreases the number of residential dwelling units; (3) Increases the gross floor area of any individual building; (4) Increases the number of stories of any building; (5) Decreases the amount of open space or alters it in such a way as to change its original design or intended use; or (6) Creates noncompliance with any special condition attached to the approval of the master development plan. Any other amendment may be made through review and approval by a simple majority vote of the council. (Ord. No.202 2nd series,§ 1(8),2-26-2001) Secs.78-630-78-640.-Reserved. :D IV To: Chair Ressler and Planning Commission Members Ron Olson, Interim City Administrator 1. From: Jeremy Barnhart,AICP q tib' Community Development Director kfSHOR Date: March 15, 2021 Subject: #20-53, CBS MN Properties, LLC, 2060 Wayzata Blvd, RPUD Concept Plan Review Application Summary: The applicant is proposing to develop the property as a Residential Planned Unit Development(RPUD);the first step is the review of a concept plan. Staff Recommendation: Planning Department Staff requests non-binding feedback on the proposed RPUD development. Background The subject property was originally developed as Amber Woods, a 10 unit office park condominium project in 2005. The site was graded, parking, and utilities installed, and in 2008 the first building was built. A second foundation was poured also, but no other development occurred on the property until 2017,when a Conditional Use Permit was granted and a day care center moved into the existing building. In the 2040 Comprehensive Plan,the property was guided for high density residential, with a density of 20-25 units per acre. Previously,the guided land use was commercial. Proposal The property owner desires to replat and develop the remaining portions of the original Amber Woods development into a 48 unit apartment building. The building would be 4 stories, including one level of underground parking for 66 stalls. The building is L shaped,with the short end to the north. The existing parking lot will be retained. Access to the underground parking area will be at the south end of the building. Access to the site is via an existing entrance off of Wayzata Blvd that is shared with the property to the east. The building is proposed with a flat roof, with a roof top deck over the 2nd floor at the south end of the structure. Individual apartments will have a balcony. The building exterior is shown as brick and siding. Exposed facades of the underground parking suggest a rough textured concrete block,this should be confirmed. The table below provides analysis of the project based on the RPUD requirements for Attached Family structures. FILE#LA20-53 March 15,2021 Page 2 of 4 LOT ANALYSIS WORKSHEET Section Standard Conforming? 1 (1) Minimum area: 5 acres or certain The property to be platted is 2.48 acres. The exceptions... Council may find that the project conforms to the exception under C: The property is located in an area where the proposed development provides a transition between a commercial or industrial area and an existing residential area or on an intermediate or principal arterial as defined in the comprehensive plan. 2 Uses. Multifamily residential uses are conforming. 3 Sewer availability Yes. 4 Density. Each development in the Conforms to the guidance of the RPUD district shall have a density Comprehensive Plan. The 2040 CMP guided the within the range specified in the property from Commercial to high density comprehensive plan for the specific residential. site. 5 Incentives.The city may utilize None requested. incentives to encourage the construction of projects which are consistent with the city's housing goals. 6 Floor Ratio, up to 1.0 Calculated preliminarily at 0.98(106,008 sq ft of floor area/108,028 sq ft of gross land). 7a Setbacks. Setbacks are 50'to Wayzata The plans reflect a setback of 82 feet from the Blvd,35 to the rear and the side. Drive front property line,36 feet from the side,and lanes 20'from exterior property lines. 35 feet from the rear property line. The regulation does require that"in no case shall the setback be less than the height of the structure." 7b Height,stories,roof style Non-Conforming. The ordinance requires a residential character by incorporating pitched of hipped roof,the proposal is for Residential pitched roofs. The building exceeds the height limit of 30'. Depending on what is used as highest existing ground level,the building is 35 feet(based on predevelopment grades)or 41 feet(based on current grades). More analysis of the height follows. 7c Outside storage No. None proposed. 11 10%Private Recreational Area(Active The floor plans show area labeled"amenity"on and/or Passive) the 2"d and 3rd floor,and a 750 sq ft amenity deck on the third floor. 10 percent of the project is 10,800 sq ft. 12 Common Ownership Conforming. Association documents required. FILE#LA20-53 March 15,2021 Page 3 of 4 13 Signage Signage located,plans not yet developed. 14 Landscaping Landscaping plans not yet developed. 15 Architectural Standards Elevations provided. 16 Flexibility from standards Requested. 17 Traffic Studies Not suggested. 18 Building Permits Expected. 19 General regulations applicability Expected. 20 Lighting Lighting plans not yet developed. 21 Trails Sidewalks and public walks proposed. Applicable Regulations: The RPUD regulations can be found in Division 11 of the zoning code, attached as Exhibit J. Analysis: The Planning Commission and City Council are asked to comment on this project generally, and on a couple of issues specifically. Site size. The property is not large enough to stand alone as a RPUD (requiring 5 acres), but the Commission could view it as a transition between commercial (to the west is a gas station) and residential (senior housing to the east, and single family residential to the north). In other areas, the Council has supported a RPUD for an undersized lot (Orono Apartment, Orono Crossings) when those projects were viewed as an architectural continuation of an adjacent RPUD development, Stonebay. This project is not viewed as a continuation of Orono Woods, an RPUD. Building Height. While there are two buildings taller than 30 feet in Orono (Orono Woods, built in 2002,and Stonebay condominium, built in 2006),the City Council has recently and consistently held firm on the building height issue, providing direction to applicants to stay within that height. The applicant has introduced a unique argument regarding the height, basing the height calculation on the site conditions found prior to grading for the Amber Woods development, where grading to support 'walk-out' style office buildings was completed. Even with this application of the site conditions,the building exceeds the design height by 5 feet. In the past,to accommodate height issues, the ceiling height and/ or lowest floor elevations have been manipulated. Roof style. The plan shows a flat roof, contradicting the requirement for a residential, pitched or hip roof style. While flat roofed residential structures are perhaps more common now than when the RPUD regulations were originally drafted,the Commission should comment on the roof design for this proposal along Wayzata Blvd. Setbacks. If the existing elevation is applied and the building is found to be 41 feet in defined height,flexibility from the setbacks relative to building height will be necessary. Private recreation. The plans does not show with any clarity the private recreation proposed. The FILE#LA20-53 March 15,2021 Page 4 of 4 applicant should provide commentary on his plans. Engineer Comments Engineering comments have not been generated at this stage. Stormwater will need to be managed on site in accordance with stormwater regulations. Public Comments To date, no public comments have been received. Issues for Consideration 1. Does the Commission support the additional height of the building? 2. Does the Commission support the waivers requested (roof style, setback)? 3. Are there any other issues or concerns with this application? Planning Staff Recommendation Planning Staff requests commentary on the proposed concept plan. List of Exhibits Exhibit A. Application Exhibit B. Site Plan Exhibit C. Building Elevations Exhibit D. Floor Plans Exhibit E. Site Rendering Exhibit F. Narrative Exhibit G. Current Grades Exhibit H. Predevelopment Grades Exhibit I. Building Height arithmetic Exhibit J. RPUD Regulations Land Use Application Summary Application Date: 08/13/2020 Address: 2060 Wayzata BLVD Orono,MN 55356 Parcel Number: 3411823210040 Land Use Number: LA20-000053 Application Submitted By: Agent on behalf of property owner Owner: Name: CBS MN PROPERTIES LLC Address: PO BOX 575 LONG LAKE,MN 55356 Name: Dale Richardson Applicant: Company: Custom Building Services LLC Address: 4741 South Lake Sarah Drive Maple Plain, MN 55359 dale.cbs@gmail.com Contact Information: Associated Contact: KIMBERLI ABBOTT kka.abbott@gmail.com Associated Contact: Associated Contact: Associated Contact: Project Description: rezone for residential multi-use high density 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: I ' ll r zzzorto 1.....e;t11:,,OY 1ii '!. ,t) Ili , 0 0- 00 o -g,,.§§A ei i'i, •,,,-, - P=rhiA1.1-1,1,3,V.1?-t D a I ,, i ,lrfir; IV 1 n0 g- ,I ,,,biki.D; i,11 , . 0 IX CC 0 i ,..., 6 .i Itp,ilt:Pr ;111 1 t - :rd't -rt --I z 1 11iffal1141 Pi. 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" /1,trwF � , ,V4,4/41.104,41, t��,-47.-_Fag'�',_•• i s. . __T___ __ _ __ _ 4,,,..0...1f4,1,- �g4 �� -114.1017.%),. .tgifikeig.i1-4‘);,-,.,"-)wo.4r4-v.-P.1..1V .. z+,�Y 41„1 /.re.n , it i _, r - .. ..y.,1 . .✓�1 =a'f't �, � o A r` \ � Verlifi kir y,„ __,T, .,,,, s A �v�A".,tk�40. �� W r -„.'i4.,.., e - ` ',:-„,...._:.....\ \°,'1 I,_-` liii ...,. ,., „,_.,.`.,,..-,....:,,.,,,.0 i„..,.\ ,, a ,,., . ,,. _.._____ _. __-. � _,r,, . . � ` \ fE 1 =_ _=_=-____.____, ___ -_ ,„Gam.„ // 0 , _-_ o __ ____=_______ __-_f a Ddb° &'1 4' 1 - U ;;Alr-'ZiifZ ,yq 'mri,.1 4i/elJ4,t kKPO* \ z f411 I a®s 1r her.<- 1 .. _ Ti� t w 0{°Filet n�, 1a i,,. l - H .ov yr lt`1,4,ryy ',v 4.„ YID.../ - _ rif-V4KNA#114:7-Sk / < Ziti,Sik 2:4 .oVI u i-140oti1, ,' W Z Ac uo zo 0a Rezoning request 2060 West Wayzata Blvd Orono Mn 55356 CBS MN Properties, LLC is requesting a rezoning for this parcel from B to R8. The above parcel of land along Wayzata Blvd is a perfect fit for the proposed apartment building. This type of housing diversity is needed and is in balance with the surrounding area which includes senior housing, single family residential, townhomes and commercial. The proposed building is also compatible in design to surrounding structures and neighborhoods. In line with the city's Comprehensive plan, adding multi unit housing will help increase tax base for the city as well as increase traffic for local businesses. Strengthening local markets will also help attract new businesses to town. This type of housing and residential growth also expands the employment base for local industries. The proposed building will have a brick exterior and will include underground parking, indoor pool, fitness center and resident gathering area. 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(U.S. ilwY NO. 12) BUILDING HEIGHT Planning&Zoning Department 952-249-4620 www.ci.orono.mn.us -fKESHO�� YYe I)eJ• (7410 4) All buildings in Orono are limited to a maximum building height of 30 feet or less, as defined within City Code Section 78-1 as follows: Building height means the vertical distance between the highest existing ground level or ten feet above the lowest ground level, whichever is lower, and the top of the cornice of a flat roof, or the deck line of a mansard roof, or the uppermost point on a round or other arch-type roof, or the median height of the highest gable of a pitched or hipped roof. Topographic changes which elevate the adjoining ground level above the existing terrain shall not be considered in determining building height. How to determine the defined height for a building: f Distance Between First Floor and defined Top of Roof*as defined above. (a) 35 p First Floor Elevation (from building plans): (b) 2%Z f3 Highest existing ground level touching the building's footprint(per (c) g Z C survey) or 10' above lowest ground level, whichever is lower: Difference between (b) and (c)**: (d) r DEFINED HEIGHT **If highest existing adjacent grade is above FFE-Height is(a) - (d) OR (e) If highest existing adjacent grade is below FFE-Height is(a) +(d) For More Information Contact the Planning and Zoning Department at 952-249-4620 or planninqRci.orono.mn.us. Last Updated: January 2021 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 1 of 1 BUILDING HEIGHT Planning &Zoning Department 952-249-4620 F c` www.ci.orono.mn.us t��ESH C vey e - ' 010 0625 All buildings in Orono are limited to a maximum building height of 30 feet or less, as defined within City Code Section 78-1 as follows: Building height means the vertical distance between the highest existing ground level or ten feet above the lowest ground level, whichever is lower, and the top of the cornice of a flat roof, or the deck line of a mansard roof, or the uppermost point on a round or other arch-type roof, or the median height of the highest gable of a pitched or hipped roof. Topographic changes which elevate the adjoining ground level above the existing terrain shall not be considered in determining building height. How to determine the defined height for a building: __l +t Distance Between First Floor and defined Top of Roof*as defined above. (a) ?j5 0 First Floor Elevation (from building plans): (b) .7g Highest existing ground level touching the building's footprint(per (c) (z survey) or 10' above lowest ground level, whichever is lower: Difference between (b) and (c)**: (d) r fO° DEFINED HEIGHT **If highest existing adjacent grade is above FFE-Height is (a)- (d) OR (e) U.I Ijh If highest existing adjacent grade is below FFE-Height is (a) + (d) For More Information Contact the Planning and Zoning Department at 952-249-4620 or planninq(a ci.orono.mn.us. Last Updated: January 2021 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 1 of 1 DIVISION 11.-RPUD RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT Footnotes: --(7)--- Cross reference—Planned unit development,§78-1001 et seq. Sec.78-621.-Purpose. The purpose of the residential planned unit development(RPUD)district is to provide a district which will allow for the implementation of certain residential housing goals established in the 2000-2020 Orono Community Management Plan ("CMP"or"comprehensive plan").The RPUD district is established to accommodate the densities and types of residential development contemplated in the CMP by incorporating the principles of the planned unit development concept.The RPUD district will encourage the following: (1) Flexibility in land development and redevelopment in order to utilize new techniques of building design, construction and land development; (2) Provision of housing to meet lifecycle,and affordable and moderate cost housing needs; (3) Energy conservation through the use of more efficient building designs and sitings and the clustering of buildings and land uses; (4) Preservation of desirable site characteristics and open space and protection of sensitive environmental features, including steep slopes,poor soils and trees; (5) High quality of design and design compatible with surrounding land uses, including both existing and planned; (6) Sensitive development in transitional areas located between different land uses and along significant corridors within the city;and (7) Development which is consistent with the comprehensive plan. (Ord. No.202 2nd series,§ 1(1),2-26-2001) Sec.78-622.-Exceptions. This section shall not apply to any residential PUD or PRD which has received preliminary or final approval by the city council prior to the effective date of the ordinance from which this division is derived, unless such application is requested by the property owner and approved by the city council. (Ord. No.202 2nd series,§ 1(9),2-26-2001) Sec.78-623.-Permitted uses. Within the RPUD district,no structure or land shall be used except for one or more of the following uses: (1) One-family detached dwellings. (2) Publicly owned parks and playgrounds. (3) Municipal buildings. (4) Multifamily attached dwellings only when consistent within the areas of the city designated as urban area in the comprehensive plan. (Code 1984,§ 10.20(2);Ord. No.202 2nd series§ 1(2),2-26-2001) State Law reference—State mandated permitted uses, Minn.Stat.§462.357,subd.7. Sec.78-624.-Conditional uses. Within the RPUD district,no land or structure shall be used for the following uses except by conditional use permit: (1) Public service structures. Public service structures,including but not limited to electric transmission lines, buildings,such as telephone exchange stations,booster or pressure regulating stations,wells,and plumbing stations,elevated tanks,lift stations and electrical power substations, provided no building shall be located within 50 feet from any lot line of an abutting lot in an R district. Prior to granting such permit it shall be found that the architectural design of service structures is compatible to the neighborhood in which it is to be located and thus will promote the general welfare. Public service structures that have been approved by the city at required public hearings for public improvement projects shall not require a conditional use permit, but such structures shall be subject to all other appropriate standards set forth in this section;amendments to approved plans involving design and/or placement of these structures will require written notice by the city to all affected property owners 14 days prior to the adoption of the amended plans by the council. Personal wireless services and commercial broadcasting antennas and towers shall not be considered public service structures.Uses allowed by conditional use permit shall be reviewed for compliance with the PUD master development plan and with the applicable conditional use permit standards of this division. Uses allowed by conditional use permit shall also be subject to site and building plan review pursuant to this division. (2) Assisted living facilities.Assisted living facilities as defined in this chapter,subject to the general conditions and multifamily-specific conditions applicable to uses in the RPUD district. (Ord. No.202 2nd series,§ 1(3),2-26-2001;Ord. No.75 3rd series,§ 1,7-12-2010) Sec.78-625.-Accessory uses. Within any RPUD district,the only permitted accessory uses and structures are the following: (1) Private garages and parking space. (2) Private swimming pools,tennis courts,and paddocks. (3) Home occupations,as defined in this chapter.All home occupations shall comply with the provisions of section 78-1376,and the licensing provisions of section 26-76,when applicable. (4) Signs,as regulated in this chapter. (5) Buildings temporarily located for purposes of constructing on the premises for a period not to exceed time necessary for such constructing. (6) Gardening and other horticultural uses,including aviaries and decorative landscape features. (7) Communication reception/transmission devices as follows: a. Accessory antennas,which shall be limited to radio and television receiving antennas,satellite dishes,TVROs, and amateur shortwave radio transmitting and receiving antennas.Accessory antennas that are accessory to the principal use of property are permitted accessory uses in all zoning districts,provided they meet the following conditions: 1. Height.A ground-mounted accessory antenna shall not exceed 20 feet in height from ground level. 2. Yards.Accessory antennas shall not be located within the required front yard setback,corner side yard setback or side yard setback abutting a street. 3. Roofs. If vegetation or obstructions interfere with satellite signals at a location in any allowable placement area,the accessory antenna may be placed on the roof of any authorized structure on the premises. 4. Location.Accessory antennas shall not be located within a required yard or setback area or within drainage or utility easements.Antenna towers shall be set back from adjacent property lines a horizontal distance no less than the maximum height of the antenna. 5. Building permits.A building permit shall be required for the installation of any accessory antenna requiring a conditional use permit. Building permit applications shall be accompanied by a site plan and structural component data for the accessory antenna, including details of anchoring.The building official must approve the plans before installation. 6. Lightning protection. Each accessory antenna shall be grounded to protect against natural lightning strikes in conformance with the National Electrical Code as adopted by the city. 7. Electrical code.Accessory antenna electrical equipment and connections shall be designed and installed in conformance with the National Electrical Code as adopted by the city. 8. Color/content.Accessory antennas shall be of a neutral color and shall not be used as signage. b. Amateur shortwave radio antennas and towers which do not meet the conditions for accessory antennas may be allowed with a conditional use permit in all zoning districts, provided they meet the following conditions: 1. Height.When an amateur shortwave radio antenna is mounted on an antenna tower,the total height of the antenna and tower shall not exceed 65 feet. 2. Yards.Amateur shortwave radio antennas and towers shall not be located within a front corner side or side yard. 3. Setbacks.Amateur shortwave radio antennas and towers shall not be located within any required setback area and shall be located no less than the height of the antenna and town from the property line. (8) Privately owned buildings to be used for recreational or social purposes,or for use as storage areas for maintenance equipment or rubbish. (9) Other uses that are customarily incidental to,and subordinate to,the allowed permitted and conditional uses in this district. (Code 1984, § 10.20(4); Ord. No. 161 2nd series,§6,6-7-1997; Ord. No.202 2nd series,§ 1 (4),2-26-2001;Ord. No. 221 2nd series,§3,9-23-2002;Ord. No. 106 3rd series,§ 12,6-10-2013) Sec.78-626.-Development standards. Within the RPUD district all development shall be in compliance with the following: (1) Minimum area;shoreland district limitation. Each site proposed for rezoning to RPUD shall have a minimum area of five acres, excluding areas within a designated wetland,floodplain or shoreland district or right-of-way, unless the council finds the existence of one of the following: a. Unusual physical features of the property itself or of the surrounding neighborhood such that development as a RPUD will conserve a physical or topographic feature of importance to the neighborhood or community. b. The property is directly adjacent to or across a public street from property which has been developed previously as a RPUD or planned residential development and will be perceived as and will function as an extension of that previously approved development. c. The property is located in an area where the proposed development provides a transition between a commercial or industrial area and an existing residential area or on an intermediate or principal arterial as defined in the comprehensive plan. d. The property contains steep slopes or a substantial number of significant trees that could be preserved through the clustering of buildings or other design techniques not generally allowed by the existing zoning district. No property located within 250 feet of the ordinary high water level(OHWL)of a protected lake or tributary as defined in article IX of this chapter shall be rezoned to RPUD. However,for a property that is partially located less than 250 feet from the OHWL and partially located more than 250 feet from the OHWL,the portion located more than 250 feet from the OHWL may be rezoned to RPUD at the discretion of the city council when all other requirements are met. (2) Uses. Each property rezoned to RPUD shall only be used for the use or uses for which the site is designated in the comprehensive plan,except that the city may permit rezoning to RPUD on a site designated for commercial use if the city council finds that such use is in the best interests of the city and is consistent with the requirements of this division. If a commercial site is to be rezoned to RPUD,the city may forward a copy of the request to the metropolitan council for review. (3) Sewer availability.A site proposed to be rezoned to RPUD with proposed density greater than one unit per two acres must be in the metropolitan urban services area(MUSA)and must be serviced by municipal sewer. (4) Density.Each development in the RPUD district shall have a density within the range specified in the comprehensive plan for the specific site. If the site is not designated in the comprehensive plan for residential use,the appropriate density shall be determined by the city based upon the city council's finding that such density is consistent with the intent of this division and of the comprehensive plan. Developments with proposed densities in excess of the densities contemplated in the comprehensive plan shall be allowed only on properties which are currently zoned and guided for commercial use, in order to maintain the character and integrity of the areas zoned and guided for residential use. (5) Incentives.The city may utilize incentives to encourage the construction of projects which are consistent with the city's housing goals. Incentives may include modification of density(only for properties currently zoned and guided for commercial use)and floor area ratio requirements for developments providing lifecycle housing and affordable and moderate cost housing. Incentives for affordable and moderate cost housing may be approved by the city only after the developer and city have entered into an agreement to ensure that the low and moderate cost units remain available to persons of low and moderate income for at least 20 years. (6) Floor area ratio. Floor area ratios(FARs)shall be limited per the following table: Comprehensive Plan Designation Maximum Floor Area Ratio* Low or medium density residential (up to 50 and including 6.0 units per 0.5 acre) High density residential (in excess of 6.0 units per acre) 1.0 *FAR=Total Building Floor Area/Total Lot Area Individual lots within a development in the RPUD district may exceed these standards as long as the average meets these standards. (7) Development standards for attached and multifamily dwelling structures. Each site rezoned to RPUD and developed for attached or multiple-family dwelling uses shall be subject to the following standards: a. Setbacks and separation of uses.Within the RPUD district the setback for all attached and multifamily dwelling buildings and their accessory buildings from any bordering or abutting street line shall be 35 feet for local streets and 50 feet from railroad lines or collector or arterial streets,as designated in the comprehensive plan,except that in no case shall the setback be less than the height of the building.The setback for all buildings from exterior RPUD site lot lines not abutting a public street shall be 35 feet,except that in no case shall the setback be less than the height of the building. Building setbacks from internal public streets shall be determined by the city based on characteristics of the specific RPUD site. Parking lots and driving lanes shall be set back at least 20 feet from all exterior lot lines of a RPUD site.The setback for parking structures, including decks and ramps,shall be 35 feet from local streets and 50 feet from all other street classifications,except that in no case shall the setback be less than the height of the structure. Parking structure setbacks from external lot lines shall be 50 feet or the height of the structure,whichever is greater, when adjacent to residential properties;35 feet,when adjacent to nonresidential properties. Parking structure setbacks from internal public or private streets shall be determined by the city based on characteristics of the specific RPUD site.Where industrial uses abut developed or platted single-family lots outside the RPUD site,greater exterior building and parking setbacks may be required in order to provide effective screening.The city council shall make a determination regarding the adequacy of screening proposed by the applicant.Screening may include the use of natural topography or earth berming, existing and proposed plantings and other features,such as roadways and wetlands,which provide separation of uses. Property rezoned to RPUD shall be considered a residential district for purposes of determining building and parking setback requirements on adjacent high density residential,commercial and industrial property outside the RPUD. b. Height/imitations.For properties guided for residential use in the comprehensive plan,a building height limit of 30 feet shall apply. For properties currently zoned or guided in the comprehensive plan for commercial use,height may exceed 30 feet but shall not exceed three stories(not including underground parking level) and shall maintain a residential character by incorporating pitched or hipped roof structure. No mansard or flat roofed multiple-family building will be allowed. c. Outside storage limitations. Building materials, recreational vehicles, boats, RVs,snowmobiles,and other items of personal property shall not be stored outside within any site used for attached or multifamily uses. (8) Development standards for single-family detached dwellings in the RPUD district.Each RPUD site developed for single-family detached dwellings at medium density(i.e.,densities ranging from one unit per acre to six units per acre)shall be subject to the following standards: a. Permitted locations: in areas of the city where smaller single-family detached dwelling lots will allow for clustering to preserve significant natural features,or in areas where a mixture of higher density attached dwellings and lower density detached single-family dwellings will result in a development that does not exceed the overall guided density. b. Minimum SFR lot size: 15,000 square feet. c. Minimum lot width at the setback line:90 feet. d. Minimum lot depth: 125 feet. e. Minimum front yard setback:25 feet on internal streets within the RPUD site. On exterior or through streets a setback of 35 feet must be provided on local streets and a 50-foot setback on collector or arterial streets,as defined in the comprehensive plan. f. Minimum side yard setback:ten feet along interior lot lines; 15 feet on lot lines along the exterior of the RPUD site.Side yards abutting streets must meet the minimum front yard setbacks as noted in subsection (8)e of this section.Structures in side yards abutting another residential zoning district shall meet the side yard setback requirement of the adjacent zoning district. g. Rear yard setback: minimum of 40 feet or 20 percent of the depth of the lot,whichever is less. h. Building height: maximum of 30 feet. i. All dwelling units,including manufactured homes,shall have a depth of at least 20 feet for at least 50 percent of their width.All dwelling units, including manufactured homes,shall have a width of at least 20 feet for at least 50 percent of their depth. j. All dwellings shall have a permanent foundation in conformance with the state building code. k. Accessory structures shall conform to the setbacks established for principal structures,except as follows: 1. All accessory structures located more than ten feet from a principal structure may be located a minimum of ten feet from a rear or side lot line when that line does not abut a street right-of-way. 2. No accessory structure shall be located closer to the front lot line than the principal structure, regardless of the principal structure setback. I. No accessory structure shall occupy more than 30 percent of the side or rear yard in which it is located, nor exceed 1,000 square feet in area, nor exceed 12 feet in height. m. Off-street parking shall be provided for at least two vehicles for each single-family dwelling.A suitable location for a garage measuring at least 20 feet by 24 feet without a variance shall be provided and indicated as such on a site plan or certified site plan to be submitted when applying for a building permit to construct a new dwelling or alter an existing garage. (9) More than one building allowed. More than one building may be placed on one platted or recorded lot in a RPUD site. (10) Single housing type permitted.Any RPUD development which involves a single housing type shall be permitted, provided that it is otherwise consistent with the objectives of this division and the comprehensive plan. (11) Private recreational area. Each RPUD development shall provide a minimum of ten percent of the gross project area in private recreational uses for project residents.Such area shall be for active or passive recreational uses suited to the needs of the residents of the project, including swimming pools,trails, nature areas, picnic areas, tot lots and saunas. Private recreational area requirements are in addition to the standard park dedication requirements. (12) Ownership.All property to be included within a RPUD development shall be under unified ownership or control, or subject to such legal restrictions or covenants as may be necessary to ensure compliance with the approved master development plan and final site and building plan. (13) Signage.Signs shall be restricted to those which are permitted in a sign plan approved by the city and shall be regulated by permanent covenants. (14) Landscaping, screening and buffering. a. Landscape plan requirements.Landscape plans shall be prepared by a landscape architect or other qualified person acceptable to the city,drawn to the scale of not less than one inch equals 50 feet and shall show the following: 1. Boundary lines of the property with accurate dimensions; 2. Locations of existing and proposed buildings, parking lots, roads,trails and other improvements; 3. Proposed grading plan with two-foot contour intervals; 4. Location,approximate size and common name of existing trees and shrubs; 5. A planting schedule containing symbols,quantities,common and botanical names,size of plant materials, root condition and special planting instructions; 6. Planting details illustrating proposed locations of all new plant material; 7. Locations and details of other landscape features, including berms,fences and planter boxes; 8. Details of restoration of disturbed areas,including areas to be sodded and seeded; 9. Location and details of irrigation systems;and 10. Details and cross sections of all required screening. b. Minimum landscaping requirements. 1. All open areas of a lot which are not used or improved for required parking areas, drives,trails or storage shall be landscaped with a combination of deciduous and coniferous species, including overstory trees, understory trees,shrubs,flowers and groundcover materials.The plan for landscaping shall include ground cover, bushes,shrubbery,trees,sculpture,foundations,decorative walks or other similar site design features or materials in a quantity having a minimum value in conformance with the following table: Minimum Tree and Shrub Requirements Vegetation Type Size Quantity Overstory deciduous 2.5-inch bb(Caliper) One tree per 1,000 gross square feet of building trees footprint area or one tree per 40 lineal feet of site perimeter,whichever is greater. Coniferous trees 6-foot height bb Minimum of 30 percent of required overstory trees must be coniferous Understory shrubs 3-gal. potted or 18-inch One shrub per 300 gross square feet of building footprint area or one shrub per 30 lineal feet of site perimeter,whichever is greater. Ornamental deciduous 1.5-inch bb(Caliper) Not required; but two ornamental deciduous trees trees may be substituted for one required overstory deciduous tree(maximum substitution equals 25 percent of required overstory deciduous trees) Credits for existing trees:The city council shall have sole discretion whether credit shall be granted for existing healthy trees In instances where healthy plant materials of acceptable species exist on a site prior to its development, the application of the standards in subsection(14)b of this section may be adjusted by the city to allow credit for such material, provided that such adjustment is consistent with the intent of this division. 2. A reasonable attempt shall be made to preserve as many existing trees as is practicable and to incorporate them into the site plan. 3. All new overstory trees shall be balled and burlapped or moved from the growing site by tree spade. Deciduous trees shall have a minimum caliper of 21/2 inches.Coniferous trees shall be a minimum of six feet in height.Ornamental trees shall have a minimum caliper of 11/2 inches. 4. All site areas not covered by buildings,sidewalks, parking lots,driveways,trails, patios,or similar hardcover shall be covered with sod or an equivalent ground cover approved by the city.This requirement shall not apply to site areas retained in a natural state. 5. In order to provide for adequate maintenance of landscaped areas,an underground sprinkler system shall be provided as part of each new development,except one-and two-family dwellings and additions to existing structures which do not at least equal the floor area of the existing structure.A sprinkler system shall be provided for all landscaped areas, except areas to be preserved in a natural state. 6. Not more than 50 percent of the required number of trees shall be composed of one species.The city shall maintain a list of prohibited species,which shall not be used for landscaping. c. Interior parking lot landscaping. 1. All parking lots containing over 100 stalls shall be designed to incorporate unpaved,landscaped islands in number and dimension as required by the city.All landscape islands shall contain a minimum of 180 square feet. Islands which are necessary to promote the safe and efficient flow of traffic shall not be subject to the 100-stall standard and shall be required by the city when warranted. 2. Parking lot landscape areas, including landscape islands,shall be reasonably distributed throughout the parking lot area so as to break up expanses of paved areas. Parking lot landscape areas shall be provided with deciduous shade trees,ornamental or evergreen trees, plus ground cover, mulch and/or shrubbery as determined appropriate by the planning commission. Parking lot landscape trees shall be provided at the rate of one tree for each 15 surface parking spaces provided,or major fraction thereof. Parking lot landscaping shall be contained in planting beds bordered by a raised concrete curb or equivalent approved by the planning commission. d. Maintenance of landscaping.The owner,tenant and their respective agents shall be jointly and severally responsible for the maintenance of all landscaping in a condition presenting a healthy,neat and orderly appearance and free from refuse and debris. Plants and ground cover which are required by an approved site or landscape plan,and which have died,shall be replaced within three months of notification by the city. However,the time for compliance may be extended up to nine months by the city in order to allow for seasonal or weather conditions. e. Retaining walls. Retaining walls exceeding four feet in height,and staged walls which cumulatively exceed 16 feet in height or involve more than four tiers, must be constructed in accordance with plans prepared by a registered engineer or landscape architect. f. Landscaping performance security required.When screening, landscaping or other similar improvements to property are required by this division,a letter of credit shall be supplied by the owner in an amount equal to at least 11/2 times the value of such screening, landscaping or other improvements.The letter of credit shall be conditioned upon reimbursement of all expenses incurred by the city for engineering, legal,contracting or other fees in connection with making or completing such improvements.The letter of credit shall be provided prior to the issuance of any building permit and shall be valid for a period of time equal to two full growing seasons after the date of installation of the landscaping.The city may accept some other form of security in lieu of a letter of credit in an amount and under such conditions that the city may determine to be appropriate. If construction of the project is not completed within the time prescribed by building permits and other approvals,the city may,at its option,complete the work required at the expense of the owner and the surety.The city may allow an extended period of time for completion of all landscaping, if the delay is due to conditions which are reasonably beyond the control of the developer. Extensions,which may not exceed nine months,may be granted due to seasonal or weather conditions.When an extension is granted,the city shall require such additional security as it deems appropriate. g. Screening and buffering. 1. The following uses shall be screened or buffered in accordance with the requirements of this section: i. Principal buildings and structures and any building or structure accessory thereto used for residential uses at a density of greater than four units per acre shall be buffered from residential lots located in any R district. ii. Off-street parking facilities containing six or more spaces shall be buffered from streets located within 50 feet. Parking facilities shall be buffered with landscape zones. iii. Loading docks shall be screened from all lot lines and public roads. iv. Trash storage facilities shall be screened from all lot lines and public roads. v. Access roads serving multifamily buildings shall be screened as necessary to eliminate the impact of vehicle headlights shining toward adjacent residential neighborhoods. 2. Required screening or buffering may be achieved with fences,walls,earth berms,hedges,or other landscape materials.All walls and fences shall be architecturally harmonious with the principal building. Earth berms shall not exceed a slope of 3:1.The screen shall be designed to employ materials which provide an effective visual barrier during all seasons. 3. All required screening or buffering shall be located on the lot occupied by the use, building,facility or structure to be screened. No screening or buffering shall be located on any public right-of-way or within eight feet of the traveled portion of any street or highway. 4. Screening or buffering required by subsection(14)of this section shall be of a height needed to accomplish the goals of subsection(14)of this section.Screening methods incorporating roofs over storage,trash or mechanical facilities to screen from higher adjacent properties or buildings may be required. Height of plantings required under subsection(14)of this section shall be measured at the time of installation. (15) Architectural standards. a. It is not the intent of the city to restrict design freedom unduly when reviewing project architecture in connection with a site and building plan. However, it is in the best interest of the city to promote high standards of architectural design and compatibility with surrounding structures and neighborhoods. Architectural plans shall be prepared by an architect or other qualified persons acceptable to the city and shall show the following for all structures other than single-family detached dwellings: 1. Elevations of all sides of the building. 2. Type and color of exterior building materials. 3. A typical floor plan. 4. Dimensions of all structures. 5. The location of trash and recycling containers and of heating,ventilation and air conditioning equipment. b. Unadorned prestressed concrete panels,concrete block and unfinished metal shall not be permitted as exterior materials for residential principal and accessory buildings.This restriction shall apply to all principal structures and to all accessory buildings.The city may,at its discretion,allow architecturally enhanced block or concrete panels. c. Accessory buildings shall be architecturally compatible with principal structures. d. All rooftop or ground-mounted mechanical equipment and exterior trash and recycling storage areas shall be ft. screened so as to be not visible with materials compatible with the principal structure. e. Underground utilities shall be provided for all new and substantially renovated structures(the term "substantially renovated"shall mean when the renovations exceed 30 percent of the prerenovation value of the structure). (16) Flexibility.The uniqueness of each RPUD requires that specifications and standards for streets,utilities,public facilities and subdivisions may be subject to modification from the city ordinances ordinarily governing them.The city council may therefore approve streets, utilities,public facilities and land subdivisions which are not in compliance with usual specifications or ordinance requirements,if it finds that strict adherence to such standards or requirements is not required to meet the intent of this section or to protect the health,safety or welfare of the residents of the RPUD,the surrounding area or the city as a whole. (17) Traffic studies.The city may require a traffic analysis to be prepared by a registered traffic engineer approved by the city to assess potential traffic impacts on local streets. If impacts on service levels of roadways and intersections are anticipated,the project will be approved only contingent upon a traffic management plan that adequately mitigates those impacts.The plan may include travel demand management strategies,use of transit facilities or other appropriate measures to reduce traffic generation,and necessary improvements to road systems.The developer shall have the responsibility to install all necessary road system improvements. (18) Building permits.No building or other permit shall be issued for any work on property included within a proposed or approved RPUD development, nor shall any work occur unless such work is in compliance with the proposed or approved RPUD development. (19) General regulations applicability.The requirements contained in this division pertaining to general regulations for residential districts and performance standards shall apply to a RPUD development as deemed appropriate by the city. (20) Lighting standards.All RPUD developments shall be subject to the general performance standards for lighting in this chapter. (21) Trails.When any portion of the project is within 1,000 feet of a public trail system,pedestrian access shall be provided to the trail system by means of a public trail constructed at the developer's expense.Where public rights-of-way are available,at the city's discretion the trail may utilize the public right-of-way.Trails shall be of bituminous construction,or such other material as may be approved by the city and shall be not less than eight feet in width. (Ord. No.202 2nd series,§ 1(5),2-26-2001;Ord. No.94 3rd series,§2,9-24-2012; Ord. No. 189 3rd series,§6,4-10-2017) Sec.78-627.-Review of application; procedures. (a) Concept plan review. In order to receive guidance in the design of a RPUD prior to submission of a formal application,an applicant may submit a concept plan for review and comment by the planning commission and city council.Submission of a concept plan is optional but is highly recommended for large RPUDs. In order for the review to be of most help to the applicant,the concept plan should contain such specific information as is suggested by the city.Generally,this information should include the following: (1) Approximate building, road and trail locations; (2) Height,bulk and square footage of buildings; (3) Type and square footage of specific land uses; (4) Number of dwelling units; (5) Generalized grading plan showing areas to be cut,filled and preserved;and (6) Staging and timing of the development. The comments of the planning commission and city council shall address the consistency of the concept plan with this section.The comments of the planning commission and city council shall be for guidance only and, if positive,shall not be considered binding upon the planning commission or city council regarding approval of the formal RPUD application when submitted. (b) Master development plan and rezoning.Approval of a rezoning to RPUD and approval of a master development plan shall be subject to the procedures outlined in this chapter for a zoning map amendment.The master development plan shall contain the following: (1) Building location, height, bulk and square footage; (2) Type and square footage of specific land uses; (3) Number of dwelling units; (4) Detailed street and utility locations and sizes; (5) Parking layout; (6) Drainage plan, including location and size of pipes and water storage areas; (7) Grading plan and drainage plan, including two-foot contours; (8) Generalized landscape plan; (9) Generalized plan for uniform signs and lighting; (10) Plan for timing and phasing of the development; (11) Covenants or other restrictions proposed for the regulation of the development; (12) Renderings or elevations of all sides of buildings to be constructed in the first phase of the development; (13) Trail plan;and (14) Lighting plan. Approval of the master development plan shall indicate approval of the listed items in subsections(b)(1)—(b)(14)of this section and shall occur in conjunction with rezoning of the property to RPUD.After rezoning the property to RPUD, nothing shall be constructed on the RPUD site except in conformance with the approved plans and this section. The procedure for notification of and public hearing on the master development plan shall be the same as required for a zoning map amendment by this chapter. (c) Development agreement/financial guarantee. Following the approval of the master development plan but prior to final plan approval,the applicant shall enter into an agreement with the city relating to the terms of the RPUD development,and shall also provide such financial guarantees as the city requires or deems necessary.Such agreement may take the form of: (1) A development contract; (2) A site improvement performance agreement; and/or (3) Another form of binding instrument as may be required by the city. (d) Final site and building plan.Approval of a final site and building plan for the entire RPUD or for specific parts of the RPUD shall be subject to the procedures outlined in this division.The final site and building plan shall contain information as required by the city, including the following: (1) Detailed utility,street,grading and drainage plans; (2) Detailed building elevations and floor plans; (3) Detailed landscaping,sign and lighting plans;and (4) Detailed trail plan. (e) Substantial compliance.The final site and building plan shall be in substantial compliance with the approved master development plan.Substantial compliance shall mean: (1) Buildings, parking areas, roads and trails are in substantially the same location as previously approved; (2) The number of residential living units has not increased or decreased from that approved in the master development plan; (3) The gross floor area of any individual building has not been increased from that approved in the master development plan; (4) There has been no increase in the number of stories in any building; (5) Open space has not been decreased or altered to change its original design or intended use; and (6) All special conditions required on the master development plan by the city have been incorporated into the final site and building plan. Approval of a final site and building plan shall signify approval of all plans necessary prior to application for a building permit,subject to conformance with any conditions on the approval and subject to other necessary approvals by the city. (f) Simultaneous review.Applicants may combine the final site and building plan review with the master development plan review by submitting all information required for both stages simultaneously. (g) Basis for approval;conditions. In evaluating a site and building plan,the planning commission and city council shall base their recommendations and actions regarding approval of a RPUD on a consideration of the following: (1) Compatibility of the proposed plan with this section and consistency with the goals, policies,and objectives of the comprehensive plan and surface water management plan; (2) Preservation of the site in its natural state to the greatest extent practicable by minimizing tree and soil removal and designing grade changes to be in keeping with the general character and appearance of neighboring properties; (3) Creation of compatible relationships between buildings and open spaces both on the site and adjacent to it, incorporating natural site features and with existing and future buildings having a visual relationship to the development,giving special attention to: a. An internal sense of order for the buildings and uses on the site and provision of a desirable environment for occupants,visitors and the general community. b. The amount and location of open space and landscaping. c. Materials,textures,colors and details of construction as an expression of the design concept and the compatibility of the same with the adjacent and neighboring structures and uses; and vehicular and pedestrian circulation, including walkways, interior drives and parking in terms of location and number access points to the public streets,width of interior drives and access points,general interior circulation, separation of pedestrian and vehicular traffic and arrangement and amount of parking. (4) Promotion of energy conservation through design, location,orientation and elevation of structures,the use and location of glass in structures and the use of landscape materials and site grading; (5) Protection of adjacent and neighboring properties through reasonable provisions for surface water drainage, sound and sight buffers, preservation of views, light and air and those aspects of design not adequately covered by other regulations which may have substantial effects on neighboring land uses; and (6) Such other factors as the planning commission or city council deem relevant. The planning commission and city council may attach such conditions to their actions as they shall determine necessary or convenient to better accomplish the purposes of this section. (Ord. No.202 2nd series,§ 1(6),2-26-2001) Sec.78-628.-Term of approval. (a) If application has not been made for a final site and building plan approval pursuant to the approved master development plan for all or a part of the property within a RPUD by December 31 of the year following the date on which the RPUD zoning map amendment became effective or, if within that period no extension of time has been granted,the city council may rezone the property to the original zoning classification at the time of the RPUD application or to a zoning classification consistent with the comprehensive plan designation for the property. In the absence of a rezoning,the approved master development plan shall remain the legal control governing development of the property included within the RPUD. (b) If construction on the property included within an approved final site and building plan has not started by December 31 of the year following the date on which such final site and building plan was approved or, if building construction in a phase of a RPUD approved to be built in phases has not started within this period,or, if within that period no extension of the time has been granted,the city council may rezone the property to the original zoning classification at the time of the RPUD application or to a zoning classification consistent with the comprehensive plan designation for the property. In the absence of rezoning,the approved master development plan and final site and building plan shall remain the legal control governing development of the property included within the RPUD. (Ord. No.202 2nd series, § 1(7),2-26-2001) Sec.78-629.-Amendments. Major amendments to an approved master development plan may be approved by the city council after review by the planning commission.The notification and public hearing procedure for such amendment shall be the same as for approval of the original RPUD.A major amendment is any amendment which: (1) Substantially alters the location of buildings, parking areas or roads; (2) Increases or decreases the number of residential dwelling units; (3) Increases the gross floor area of any individual building; (4) Increases the number of stories of any building; (5) Decreases the amount of open space or alters it in such a way as to change its original design or intended use; or (6) Creates noncompliance with any special condition attached to the approval of the master development plan. Any other amendment may be made through review and approval by a simple majority vote of the council. (Ord. No.202 2nd series, § 1(8),2-26-2001) Secs.78-630-78-640.-Reserved. MINUTES OF THE ORONO PLANNING COMMISSION Tuesday, February 16, 2021 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 (arrived at 6:27 p.m.), Bob Erickson, Matt Gettman, Scott Kirchner, Dennis Libby, and Mark McCutcheon. Representing Staff were Community Development Director Jeremy Barnhart, City Planner Laura Oakden, and City Planner Melanie Curtis. Chair Ressler called the meeting to order at 6:00 p.m., followed by the Pledge of Allegiance. APPROVAL OF AGENDA Libby moved, Kirchner seconded, to approve the Agenda. VOTE: Ayes 6, Nays 0. APPROVAL OF PLANNING COMMISSION MEETING MINUTES OF JANUARY 19 2021 Gettman moved, Kirchner seconded, to approve the minutes of the Orono Planning Commission meeting of January 19, 2021 as submitted. VOTE: Ayes 6, Nays 0. 1. LA20-000074 EDWARD CALDWELL, 746 TONKAWA ROAD, VARIANCES (STAFF: MELANIE CURTIS) Edward Caldwell, Applicant, was present. Curtis presented a summary packet of information. The Applicants are requesting hardcover, lake setback and average lakeshore setback (ALS) variances in order to construct a new, more functional, and larger lakeside deck. They are requesting the variances in order to expand their deck by approximately 150 square feet. The existing deck is situated partially lakeward of the Average Lakeshore Setback (ALS); 79.6 feet from the Ordinary High Water Level (OHL), and the property's hardcover currently exceeds 25%. The new deck, shown in blue on screen, is proposed to be 73.8 feet from the lake and will encroach approximately 3 feet more into the ALS than the existing deck. The proposed survey showing the new deck was not submitted until last Monday; upon review it reflected the unintentional encroachment of the deck into the lake setback. Today Staff spoke with Mr. Caldwell regarding the recommendation in the Staff report for denial and he has agreed to reconfigure the deck so that it does not encroach into the 75 - foot setback. Tonight, the Planning Commission should focus on the ALS and the hardcover variances as the Applicant is prepared to provide a new deck configuration. The property currently exceeds the hardcover limitation by approximately 1,400 square feet and in order to avoid a hardcover increase with the project, the Applicant is proposing to offset the new deck hardcover with reductions resulting in a total net decrease of 47 square feet. Included in the removals are a 77 square foot lakeside concrete patio, parking area, and paver steps indicated in red hashed areas on the survey. Staff finds due to the existing home location, the shared driveway easement with the neighbor to the north, and the location of the neighboring homes with respect to the lake, there may be practical difficulties supporting the additional minimal encroachment in to the ALS and the hardcover variance requested to allow construction of a slightly larger deck. Supportive comments have been received from neighbors on each side of the property. Staff recommends approval of an ALS variance and a hardcover variance with reductions as noted. Staff further recommends denial of the two variances resulting in the deck within the 75 -foot Page 1 of 38 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday, February 16, 2021 6:00 o'clock p.m. setback which the Applicant has agreed to resolve. Plans for the deck should be reconfigured prior to City Council review so that it does not encroach into the 75 -foot setback. Ressler asked what the elevation of the proposed deck is. Curtis replied it will come off the main floor of the rambler home; she does not know the actual height but showed a drawing on screen of the home and proposed deck. Ressler thinks it is about 7.5 feet. Edward Caldwell, 746 Tonkawa Road, approached the podium and said he has been an Orono resident for 29 years. He said the property was in disrepair when they bought it 29 years ago and they have made vast improvements to the house and the outside grounds. He noted they love living in Orono, and his wife is somewhat incapacitated due to medical reasons. Mr. Caldwell has been a caregiver for his wife for almost 3 years; his oldest daughter Angie came with him tonight and he has four daughters who all went to Orono High School. When the Orono Activity Center went in, his family purchased a brick that was sold to help finance the project which read "The Caldwell Family — Spartans Forever" and it showed Angie '84, Amy '85, Aundie '87, and Anne '92. His oldest daughter Angie was the first member of the girl's golf team in 1984 to be chosen to go to State. Mr. Caldwell's daughter Angie said from her perspective, her parents live on the lake and the family goes there for dinners and the kids come when everybody is in town. The reason they are trying to enlarge the deck a couple of feet is because the Caldwell's have a small table and if everyone is seated around the glass table on the porch, one cannot get through the walkway to get down the stairs. It is such a small little area so they are hoping to add a couple more feet and noted her sister did the plans for it, so it is a more livable deck. Angie noted it is in such disrepair right now that something has to be done as it is not safe and needs to be improved to make it functional for her parents. They love sitting out there and it is a great view. Mr. Caldwell said his second daughter Amy is a Vice President for the Architecture Division of Hy -Vee and did the plans. Gettman asked if right now the deck depth is around 11 feet and the proposed deck is around 13. The Applicant replied yes. Gettman asked if they have looked at potentially moving the deck so the square footage would potentially allow for the table to go to the right. They would then have the ability to not have to navigate around the table to go to the stairs. The Applicant said it is on the right. Gettman noted he was flipping it and clarified to the left. Angie stated the doorway that comes out of the house is on the left and the grill is right in front of it next to the railing. When her father comes out to cook on the grill, he walks right out the door and it is a permanent grill which is hardwired so they could not put the table there. Frankly anywhere they put it along that area, it is still not wide enough to get around it. She said another thing that may need to be Page 2 of 38 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday, February 16, 2021 6:00 o'clock p.m. taken into consideration is on the house side of the deck, there is an asphalt roof part that comes out and takes up a little portion of the deck. Mr. Caldwell noted it takes up about a foot and they could probably remove that and possibly remove the permanent grill and replace that. Angie clarified it is still just a really narrow, tight area. Mr. Caldwell said moving the stairs to go back instead of down towards the lake will also help make room for a table and some chairs. Ressler opened the public hearing at 6:13 p.m. Karen Weathers, the Caldwell's neighbor next door approached the podium and wants the Planning Commission to know they are supportive and it is a very narrow deck. She hopes the Planning Commission will approve it. Ressler closed the public hearing at 6:13 p.m. Ressler asked Curtis for a clarification, as it looks like the stairs that were mentioned are in compliance and that is not what is in question right now; generally, they are speaking about the lakeshore setback of 75 feet. Curtis replied in the affirmative and said the side setback on this property is shown at 10 feet which is the district setback. However, the lot is narrower than the district standard so they have that flexibility. Although it is shown that there is a slight encroachment, that is not accurate; it meets the setback. Ressler said the rest they need to deliberate is whether or not the Planning Commission feels comfortable encroaching further in to the lakeshore setback inside the 75. He asked if he is reading it correctly that right now, they are at 79.6. Curtis replied yes that is correct. The existing deck is shown in the dotted rectangle within the proposed deck. Ressler said it undulates because of the shoreline. Curtis said the 75 -foot setback does, yes. Libby said the idea that Orono has a standard for the setback always becomes more complicated when they have a meandering Lakeshore. Being this already had an existing encroachment into the ALS, he does not see any practical difficulties involved in this, but there are practical matters of use that have been explained. He tends to agree with Staff, he thinks this is something that is workable, especially with the willingness to offset some of the hard surface issues. If Kirchner understands correctly, Staff's recommendation is to approve average Lakeshore and hardcover but denial of the variance within the proposed deck area, which would then be the extension or addition of the deck area. As discussed previously he always struggles to further an encroachment and go beyond it Page 3 of 38 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday, February 16, 2021 6:00 o'clock p.m. even further; if they are going at, to, or scaling back he is usually okay with it but struggles when adding additional encroachment, especially regarding the lakeshore. Ressler noted regarding the irregular shoreline, the policies generally call for that to not be a straight line but to follow the Lakeshore. If he looks at it and draws a straight line, there is no place to measure based on these plans. He asked if the measurement is based on the closest of the movement of that shoreline. Curtis said that 75 -foot measurement is the closest point to the lake, the red setback indicated. She said the Applicant's surveyor provided an updated survey showing the 75 -foot setback as a line that cuts across the property and said they plan to adjust the deck to conform to the 75 -foot setback. Ressler asked if that is how the application is right now or if that will be amended. Curtis clarified they have not provided the updated plans but are willing to do so. Ressler said it appears that the Applicant has agreed to stay within that 75 -foot setback, make the amendments to hardcover, and the City does not have a problem with the stairs. He noted they could entertain a motion to approve as applied with the amendment that the structure stays within the guidelines of the 75 -foot Lakeshore setback. Erickson moved, Libby seconded, to approve LA20-000074, 746 Tonkawa Road as applied with the amendment that the structure does not encroach upon the 75 -foot lakeshore setback. VOTE: Ayes 6, Nays 0. 2. LA20-000075 BRIAN HUISMAN, 1121 NORTH ARM DRIVE, VACATION (STAFF: JEREMY BARNHART) Brian Huisman, Applicant, was not present due to a conflict. Staff presented a summary packet of information. Barnhart stated the property owner at 1121 North Arm Drive is requesting a vacation of an unimproved alley that is adjacent to their property. The alley is shown on a survey on screen. A portion of the alley to be vacated is hashed in; approximately 75% of the alley is underneath the surface of the water and only about 430 feet is above the surface of the water. The Applicant proposes to vacate the entire area and the reason for this process is that this lot is the owner's property and they technically do not have lakeshore frontage. The City owns about an acre parcel as part of an original plat from 1880 and that forms the lakeshore in the area he indicated on screen. He said the alley associated with a separate plat forms the other portion of the lakeshore. The property owner is taxed on lakeshore and uses the property as lakeshore, but technically does not have lakeshore access and the owner is looking to clean up his title in that regard. Barnhart noted the process to vacate unimproved alleys is described in the City code. The Planning Commission and City Council have to determine there is no public access or public benefit to the property to be vacated. This alley, while it is lengthy around the boundary of that plat, does not connect to any other public land access to the lake. As the alley continues further north, it is owned privately by previous action so there is no City access being lost by this proposal. As part of the process and State statute, they are required to submit a public hearing notice to the DNR for their comment and have not received any comment for this application — the DNR's 60 - day review period expired the previous day. Barnhart said it is not uncommon not to get comments from the DNR; generally, their comments are against vacation, but the City did not receive any such comment for this application. Staff is recommending approval of the vacation of this alley only, the portion that is Page 4 of 38 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday, February 16, 2021 6:00 o'clock p.m. hashed in to facilitate lakeshore access for this parcel. Barnhart noted the Applicant is not present at the meeting due to a conflict and if the Planning Commission would rather speak with him before making a decision it would be appropriate to table action until Mr. Huisman can make it to a meeting. Staff does recommend approval even with Mr. Huisman's absence. McCutcheon said is not clear if the alley really touches the land or if it is all underwater. In the Hennepin County picture, it does not look like it, although he is splitting hairs. Barnhart replied that is a question Staff had also. In looking at Hennepin County it looks like this alley is well into the lake and it really would not impact anything at all and why go through this process. The County aerial photo has a disclaimer that it is not 100% accurate and is not used for surveys. The survey is much more accurate City Staff does rely on the survey in this case and according to the survey, he pointed out the boundary of the water when the survey was done last year. There is a portion of the alley that is landward of the ordinary high-water line. McCutcheon asked about the land parcel the City owns to the south, as it seems like a weird piece of land. Barnhart stated it is a unique portion of the community in terms of platting of Forest Lake and there is a neighborhood platted in that area of lots and right-of-way and just old remnants from when the area was platted in 1880. Kirchner asked if the lot the City owns is between the alley and Applicant's property. Barnhart replied in the affirmative and said the Applicant is also requesting a boundary line adjustment for a portion of the property that is City owned, which is typically an administrative action on part of the City Staff. They would basically move the boundary line from here down to here, so they would have lake frontage the width and breadth of their lot. Ressler opened the public hearing at 6:26 p.m. Ressler closed the public hearing at 6:26 p.m. Ressler said this seems to be pretty similar to some of the other vacations they have seen that the City Council seems to be in support of. He does not see anything unique that would drive the Planning Commission in a different direction. Barnhart agrees and noted this is actually different than the others; the others actually provide lake access from a public way to the lake. This one is parallel, essentially, to the shoreline and does not provide any connection and is a pretty cut-and-dried case from a Staff perspective. Ressler agrees and asked if any of the Commissioners are opposed. McCutcheon said it seems that they are righting a wrong as the Applicant is paying the taxes, it is right in front of their property and he thinks it makes good sense. Kirchner moved, Gettman seconded, to approve LA20-000075, 1121 North Arm Drive, Vacation, as applied. VOTE: Ayes 6, Nays 0. Page 5 of 38 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday, February 16, 2021 6:00 o'clock p.m. 3. LA21-000004 STONEWOOD LLC, 1150 PINE VIEW DRIVE, CONDITIONAL USE PERMIT (STAFF: MELANIE CURTIS) John Daly with Stonewood LLC, Applicant, was present. Staff presented a summary packet of information. Curtis said the Applicant is proposing to install a full bathroom within a proposed 884 square foot pool -house building. A Conditional Use Permit (CUP) is required due to the proposed shower within an accessory building. Additionally, if the survey looked a little odd, there is an administrative boundary line adjustment in process, so the property is changing shape but it does not affect the application before the Planning Commission. Curtis noted they are adding a portion of the neighboring property to their own. Staff has not received any public comments on the CUP request; Staff is recommending approval conditioned upon the property owners' agreement to the filing of a restrictive covenant in the title of the property which addresses the plumbing and the use providing that the pool house will not be used for home occupation, used as a dwelling, rented, leased, or otherwise used as a dwelling under any circumstances. Ressler noted this seems very similar to many, many others that the Planning Commission has approved and really seems to be pulled in front of them because of the additional toilet and shower. Curtis clarified it is because of the shower. Ressler noted there is nothing exotic that he is not catching. Curtis replied no, it is very straightforward. John Daly with Stonewood LLC, 153 East Lake Street, said this is pretty procedural and the structure being built is a pool house and that is the intent with the shower. Ressler opened the public hearing at 6:30 p.m. Ressler closed the public hearing at 6:30 p.m. Kirchner believes it has been summarized well and is very similar to many others the Planning Commission has approved. He does not see anything as an issue and the only reason it is before them is because of the indoor plumbing in an accessory structure. Staff is recommending the standard restrictive covenants. Beyond that he does not know there is much discussion to be had. Ressler agrees. Gettman asked regarding the Keller Road, is there the potential or concern that the road would be extended in some way to have that accessory building tied in. Curtis replied no, Keller Road is in Medina and there is no connection planned. Ressler thinks it is laid out that it cannot be leased, the City already has covenants about short-term leasing and all the bases seem to be covered. He asked if there was any opposition. Page 6 of 38 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday, February 16, 2021 6:00 o'clock p.m. Erickson moved, Libby seconded, to approve LA21-000004, 1150 Pine View Drive, Conditional Use Permit. VOTE: Ayes 7, Nays 0. 4. LA21-000006 CITY OF ORONO, 365 OLD CRYSTAL BAY ROAD NORTH, COMPREHENSIVE PLAN AMENDMENT — METROPOLITAN URBAN SERVICE AREA (MUSA) EXPANSION (STAFF: JEREMY BARNHART) Barnhart said the City of Orono is considering relocating its public works facility and to do so it needs to amend the Comprehensive Plan specifics to the Metropolitan Urban Service Area (MUSA) and needs to amend the CUP to expand sanitary sewer into an area that is not served by sanitary sewer. He showed a map of the City and showed the proposed expansion into a parcel of land just south of Highway 12 shown in red, off of Old Crystal Bay Road. The Planning Commission may recall this property was for sale by MnDOT for a couple of years and the City purchased it last summer for the purpose of a public works facility. When considering an expansion of the MUSA they are generally concerned about impact to the existing system and if the system can support that type of improvement. The City Engineer has reviewed the proposed/anticipated volume of water to be generated and treated on the site and feels comfortable that the existing system can support it. He said there will be necessary expansions to that system, a sanitary sewer line and a new lift station will likely be necessary to pump the waste from the facility into the system just north of Highway 12. The project will likely include a normal kitchenette or breakroom, some restrooms, and perhaps 1-2 wash bays. Barnhart noted the final plans have not been determined but that is what Staff anticipates. In terms of impact to the system, the main increase will likely be the future use of the existing public works facility which is directly to the east. They have not identified a use for that and the zoning of that property is the same as the zoning of the subject property, which is a residential -type property and does allow City public works facilities as a permitted use. He noted there is an extra public hearing requirement but it is not technically a CUP. Staff has reviewed the standards for expansion of the MUSA which is contained in the Comprehensive Plan, which does anticipate expansions of MUSA from time -to -time. There are basically 6 priorities where the City Council could support a change or an amendment. For this project, there is not a failing system on the property, it is not adjacent to other property that needs to be served, it does not fit the top five criteria for priority, so it is a lower priority in terms of what the Comprehensive Plan spells out. Barnhart pointed out that the Comprehensive Plan established those priorities based on private residential use primarily, and private other development secondarily; public development for public services was not considered in terms of drafting the priorities. As with any proposed expansion of MUSA, Staff's worry is whether this is creating or establishing a precedent — does it just snake the argument easier for anyone else to expand the MUSA boundary into their property? As the Planning Commission knows, the goal has been since the 1980's to keep urban densities around specific areas such as Navarre, Highway 12, but also more importantly, keep density away from the lakeshore but also provide sanitary sewer along the Lakeshore to help preserve the water quality of the lakes. Barnhart noted they wanted to avoid expansion into the area shown on screen as those are lower density rule areas and did not want to extend sanitary sewer into those areas. He does not think this expansion, while it is into a more rural area, is precedent setting because it is for a public use and public service for the community. Staff is recommending approval as proposed. Bollis asked if this decreases the sewer density with this proposal. Barnhart replied that this has no impact on the sewer density because it is not a residential use. Kirchner said regarding the City Engineer's comments, does that opinion include if there were a wash bay and vehicle washing or is that specific to restrooms and a kitchen. Page 7 of 38 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday, February 16, 2021 6:00 o'clock p.m. Barnhart said it does include the wash bay because they have one now. Gettman asked if they have received any comments from neighbors. Barnhart said as of today, no, he has not received any comment for or against the proposal. Gettman noted there would presumably be an increase in the number of trucks and utility vehicles in the area. Barnhart said perhaps, yes. He imagines a fair number of traffic comes down Old Crystal Bay Road from the current facility, but Gettman is correct, if all of the trucks leave that site there will be more traffic on that section of road. McCutcheon assumes there is a need for it and asked regarding the purchase, was it because this was relatively close or there were limited choices. Barnhart does not know the history as to why this site was chosen, but from a planning perspective, the City Engineer suggested a 25% increase in size necessary to accommodate the future public works needs of the community. McCutcheon clarified the zoning would stay the same except for that one lot. Barnhart said that is correct, the zoning would not change, nor would the guiding land use change. The only change proposed is to expand the MUSA into that subject property. He showed the MUSA map on screen and pointed out the subject parcel and would add that as an addition to the MUSA map. Bollis asked if it is possible to do this without expanding the MUSA and doing an on-site system. Barnhart replied possibly, they could build an on-site septic system and chances are they would need to incorporate some additional land because the land itself is not sized enough to accommodate that service plus the outdoor storage that will be required. He noted they do own a portion of land to the west. Ressler asked if owning the land to the west could be an opportunity for expansion in the future to avoid a whole new facility. Barnhart said it could; they did not include it into the MUSA boundary expansion proposal here. While the City does own this and perhaps the City Council could consider some outdoor storage in that area, that area is not included in the MUSA expansion as proposed. Ressler opened the public hearing at 6:45 p.m. Ressler closed the public hearing at 6:45 p.m. Ressler likes the fact that the City already owns the property, it is nice that the adjacent property is owned as that allows for expansion in the future without having to start all over again. The need is there, the City has provided analysis with support and asked if any other Commissioners have comments. Page 8 of 38 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday, February 16, 2021 6:00 o'clock p.m. McCutcheon said since it is a rural zoned area, they are always tentative, but as long as the zoning remains and will not be extended - his worry is that the 2040 Comp Plan becomes "oh, we have septic here, we could chop up these lots and have a house every 1/3 acre." That is his worry, but they are not doing that and as the City has the current plan of green space and keeping it rural, it is up for the community to maintain that. He noted the City already owns the land, there is a need as the City is growing and the infrastructure has to grow as well, so in that case he is supportive. Ressler appreciates those comments and thinks the City and Staff have done a nice job of explaining that they are not setting themselves up for any precedent because this is for City use not residential. Kirchner moved, Gettman seconded, to approve LA21-000006 City of Orono, 365 Old Crystal Bay Road North, Comprehensive Plan Amendment — Metropolitan Urban Service Area (MUSA) expansion as applied. VOTE: Ayes 7, Nays 0. S. LA21-000007 PILLAR HOMES, 3220 NAVARRE LANE, VARIANCES (STAFF: MELANIE CURTIS) K.C. Chermak of Pillar Homes, Applicant, was present. Staff presented a summary packet of information. Curtis noted the home on this property is currently undergoing a renovation with a partial second story addition. There is a small conforming location on the property and that is where the addition has gone; as part of the project, the Applicant would like to extend their existing rooftop deck area. Currently they have a deck and the diagonal line on screen is the setback from the rear of the lot, they would like to expand the rooftop deck to allow for additional space. It is proposed to be a black aluminum metal railing. Due to the location of the home, rear and side street setback variances are requested. The home is located on a substandard lot and is situated almost entirely within all of the required yard setbacks. The new railing will be set in from the edge of the home slightly: 6 feet 8 inches from the edge of the Navarre Lane side of the building, 6 feet from the west building edge and 1 foot off the north side of the building. They are trying to maximize their outdoor living space, and massing impact to adjacent properties will likely be minimal as it is an open metal railing. The signed neighbor acknowledgement forms were received but no public comments have been submitted. Curtis spoke with a neighbor on the phone today that had questions and upon clarification she made no comment on the application. The lot's size, lack of outdoor living space, and the existing structure size seem to support the requested variances of the practical difficulties on the lot. Staff is recommending approval of the setback variances to allow the railing to be installed within the setback areas. Ressler clarified they are not adding footprint, this is merely an extension of the existing structure and they are still staying a little over 6 feet from the edge of the existing structure on two sides. Curtis said that is correct and this portion of the building where they are within one foot of the edge of the building, they are conforming to an extent until they get over to the side. K.C. Chermak with Pillar Homes approached the podium and noted this is quite a project and he does not know if anyone has driven by the home. In the Staff report it is noted that the building has been here since 1940 and has been quite an eyesore; he said it has been a wonderful challenge to improve this site. He noted they could not believe how much fun they have had. Turning the building into a residence is pretty exciting; however, due to the unique situation here, they did ask the adjacent neighbors and both have signed and understand the improvements that are taking place. In their words, they are grateful that Page 9 of 38 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday, February 16, 2021 6:00 o'clock p.m. the site is being improved. In Mr. Chermak's world, he believes they are asking for a vertical variance because the structure really does not go towards any of the other buildings or neighbors. As the remodel has gone and the access to this rooftop has been developed, to get some more outside space on this site because of the unique shape and setting, this is really the best use for the space in the request. He said it has been fabulous and will be quite a project when it is done. He welcomed questions. Ressler opened the public hearing at 6:54 p.m. Ressler closed the public hearing at 6:54 p.m. Ressler's observations are that it is not lakeshore or waterfront, thank goodness for that as it is a bit easier to look at. He said it is always easier to consider these applications when they are not further encroaching structure rather than building up from existing. He does not see anything to note on this application that makes it appear there is any sort of variance requested to violate height restrictions. That is his initial reaction and he asked for further feedback from the Planning Commission. Bollis has no issues, the structure already exists within those setbacks and this seems to be a practical use for this lot to expand that outdoor space where they cannot into the yard. Ressler asked if anyone is opposed as applied. Erickson has a comment which is not directly related to the variance request — he expects to vote in favor — but as a side comment, in looking at the original, existing structure, it prominently shows an existing utility pole in front of the building, which is not a thing of beauty. Hopefully there is a plan to possibly eliminate that and perhaps go underground or use some other means of making it more attractive that would be wonderful. Ressler said reading the body language of the Applicant, yes, he is planning on burying that. Kirchner moved, Gettman seconded, to approve LA21-000007, 3220 NAVARRE LANE, VARIANCES as applied. VOTE: Ayes 7, Nays 0. 6. LA21-000008 BRAD BARINSKY, 1825 LAKESIDE TRAIL, VARIANCE (STAFF: JEREMY BARNHART) Brad Barinsky, Applicant, was present. Staff presented a summary packet of information. Barnhart said this property was platted in 2019 and during the process there was some discussion at the Planning Commission and City Council level to establish a new average lakeshore setback (ALS) line which they had done in the past when subdividing lakeshore property. The reason why they often do that is to preserve or protect the views of the neighboring properties; they do not know when the lakeshore lots of the new development would be platted so they identify a new ALS so that both the neighboring property owner and the sellers of the lots can have some understanding and some comfort of where the houses may be located. He said there was some discussion at the time of the preliminary plat for this project but that was never codified into the development agreement or into the resolution for the final plan. Technically, there is no "new" ALS; therefore, the ALS for this lot is the distance that the neighboring lot 770 Brown Road North is from the lake which is 343 feet. Per code, this is the ALS line and Barnhart has noted it as line A in the Staff Page 10 of 38 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday, February 16, 2021 6:00 o'clock p.m. Report and on this exhibit. The Applicant has designed the home based on his understanding of Line B, which was the "new" ALS identified during the preliminary plat which is based on 770 Brown Road North and 1925 Lakeside Trail to the south and west. Barnhart noted this property used to be addressed as 690 Brown Road which is the parent parcel for the subdivision. They developed the house based on Line B, but during the course of developing the plans, they recognized that the property 770 Brown Road North added a lakeside deck to their property which brought the ALS closer to the lake which is Line C. The Applicant proposed to apply his house to the new Line C. Barnhart noted onscreen a vacant parcel and the former 690 Brown Road which is now 1925 Lakeside Trail. Basically, the argument the Applicant is making: he is proposing to use this new adjusted ALS line and that can be done by variance because it is not written into the development documents. To satisfy the argument for a variance, the Applicant has noted there is a large tributary running right through the property, which was known during the project. This tributary requires a 75 -foot setback, so basically his buildable pad is right here (noted on screen). Staff, in reviewing the history and the unique aspects of this parcel, does see a practical difficulty due to the tributary and its inherent setback and also the extreme distance that the neighboring lot is from the lake of 343 feet. The normal setback for a sewered property would be 75 feet off the lake, so Staff is supporting a variance request as proposed. He clarified Staff is recommending a variance so as not to encroach above or lakeward of Line C. Bollis asked how this affects Lot 5 when looking at a house to be built there. Barnhart replied assuming this house is built, he showed two points on screen and noted where Lot 5 would be. Their new ALS would be Line C. Bollis said it is approximately where it was supposed to be if it was recorded with the plat. Barnhart replied yes, perhaps 10 feet closer. McCutcheon noted this just shows how complicated this gets; the house of Lot 4 is fighting the tributary and these lots are so long, it is kind of a shame if they are stuffed up to the street. He said when they build a house on Lot 5, will they come to the Planning Commission and say "hey, this is kind of a small space." Barnhart said they might, but thinks they are marginally different than what was originally anticipated. He noted anyone could come forward with a variance but the practical difficulty is a little harder to prove in those situations. Based on the facts in looking at this one, the tributary is unique and they do not see a lot of those in a side yard situation. McCutcheon also mentioned the depth of the lot requires a relatively limited portion of the lot for development. Brad Barinsky, the owner of 1825 Lakeside Trail, approached the podium. He said Barnhart did a good job explaining the situation and some of the history and he thinks some may have been on the Planning Commission for the Willow Bay development approval. He is here for any questions and said regarding Bollis' questions about Lot 5 or 1875 Lakeside Trail, they do have a survey that also shows that lot now is unbuildable without an ALS variance. Approval of Mr. Barinsky's house position would make the code work for that lot as the line could be drawn directly across the property. It would be the same if a house was on another lot (noted on screen), the line could be drawn across Mr. Barinsky's property connecting it to 770 and he would not be before the Planning Commission this evening. He noted there are a lot of moving parts, it is a really beautiful property and when he bought it he knew that was the area he would have to build the house in. He was not anticipating going any closer to the lake but just tried to readjust Page 11 of 38 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday, February 16, 2021 6:00 o'clock p.m. the history and draw the line across the properties based on the current situations of the neighbors next door. His house is actually 360 feet away from the lakeshore on his property, it is how they apply the code, the Lakeshore meanders around the corner, and the line is drawn from 343 feet that goes to the neighboring property. Chair Ressler opened the public hearing at 7:06 p.m. Chair Ressler closed the public hearing at 7:06 p.m. Ressler's initial observations are the Planning Commission has been flexible in situations where the ALS is bringing the difficulty partly because of the other properties and vacant lot next door. He thinks the Applicant is doing what he can with what he has, which is hard to say when one is sitting 300 feet away from the lakeshore as it is. From what Ressler is seeing, and historically the Planning Commission has been generally flexible in situations like this one, he agrees with Staff's recommendation. Gettman agrees with that. Gettman moved, Kirchner seconded, to approve LA21-000008, 1825 Lakeside Trail as proposed. VOTE: Ayes 7, Nays 0. 7. LA21-000010 CHAMBERLAIN FINE CUSTOM HOMES, 133 CHEVY CHASE, VARIANCE (STAFF: LAURA OAKDEN) Michael and Catelyn Nelson, Applicants, were present. Staff presented a summary packet of information. Oakden noted the application is for a rear yard setback and she emailed and printed out some additional public comment that was received over the weekend. The planning Staff has determined that practical difficulty standards have not been met and the Planning Commission should review those standards when reviewing this application. She noted the Applicants are looking to add a covered screen porch to the rear of the home. The home sits on a curved road with neighbors on either side, and the Wayzata Country Club to the northern property line, which is the rear of the home. For a practical difficulty analysis, the Applicant identified the location of the existing home being placed from back from the front yard required yard, as well as a substandard lot for the area. Staff finds that the submitted practical difficulties are not met and the proposed addition would have a minimal impact to the neighbors, and would not alter the character of the neighborhood. However, the property owner has adequate use of the lot for a single-family home and there are other locations for conforming additions on the property, such as side or other locations within the rear of the home. The proposed additions act as a convenience to the property and the lot analysis was done; again, Oakden reiterated the property has a 30 -foot rear setback and currently sits 32.4 feet and the Applicant is requesting a 17.8 -foot setback. Neighbors have submitted letters of support as Exhibit E, additional letters were sent to the Planning Commission today. McCutcheon noted in the application, they stated the property is .53 acres and that it is non -conforming; he asked if that is correct or if this development is conforming to the zoning. Oakden replied the property is substandard, it is .53 acres and the zoning is a 1 -acre zoning district. It is a substandard lot and the width is 125 feet measured at the front yard setback where a standard would be 140 feet in width. It is substandard to width as well as area. The front yard setback required in this Page 12 of 38 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday, February 16, 2021 6:00 o'clock p.m. district is 35 feet and the existing home is sitting 69.5 feet back from the front yard; the existing home does sit pretty far back meeting that front yard standard. A representative from Chamberlain Fine Custom Homes approached the podium with the home owners. He looked at the lot as being substandard because it is in a 1 -acre zone and has a 30 -foot setback in the rear yard, based on an acre. This is now a %2 acre lot so it is a little bit incumbent on this property to have to have 30 feet. As opposed to being shoved up towards the street like the previous Applicant's house was, this house is pushed back. It was 35 feet from the front setback, so it is way back in the back and is turned slightly to make it difficult to utilize that yard given that the topography in the back includes a hill and a boulder wall. The difficulty is really the fact that the house was built so far back on the property. The setback on the back being 30 feet seems to be onerous on a property that is only 11/2 of an acre. Michael Nelson, homeowner, noted he has lived at 102 Chevy Chase on the same street for the last five years and has a growing family with two small children. With that, they outgrew their rambler and upgraded to a 2 -story home. They purchased the house in September and since then have been in the planning phases of the next remodel. Between the two 1950's homes, they have significantly invested in this neighborhood and the community in hopes of finding their forever home. He said they absolutely love the area and couldn't be more excited about raising a family here. Mr. Nelson said they have made some very close friends and have become acquaintances with almost everyone in the neighborhood. He hopes their letters of support are a testament to the Nelson's place in the community, including the approval of Chad Olson, previous member of the Orono Planning Commission. Mr. Nelson said they have explored many options over the course of this remodel and have always come back to this exact same spot for two reasons: one, to safely monitor their children while they are in the backyard, and two, it is in the best interest of neighbors because it is not visible to most of them. He noted their youngest daughter has a skin condition which does not allow her to be in the sun. Having a screen porch like this will allow her to still be with the other kids when playing in the backyard for recreation. The screens can be opened and she can still feel that she is part of the action; this is the main reason they would love it to be there to watch the whole back yard and safely monitor their kids while they play. Another reason is for neighbors, and both neighbors have given letters of approval. As mentioned, there are other places it could go, one being on the side of the house, but that would basically be sitting on top of the neighbor's driveway. As mentioned, this is not a Lakeshore or waterfront, they are not encroaching any structure and he asks for the approval of this variance with the community's support, to safely monitor their children as they use the backyard. Ressler noted Mr. Nelson illustrated some other proposed options inside the building envelope, he asked to understand a bit more, as typically when the Planning Commission entertains these applications there is just nowhere else for it to go. As noted in the other application, they were not adding additional footprint but just going up from existing footprint. Mr. Nelson said one area they looked at, which looks like an obvious area, is right in the middle of the house. That effectively splits the backyard in two and does not allow them to monitor safely, and there is also a retaining boulder wall right there. For future recreational purposes of homeschooling, there is not enough room for their physical education and activity. It would also block the view of the kitchen to the backyard. He noted the garage is on the left side and cannot really access the porch from the back of the garage. Another practical difficulty is that the buildable land is on the right side and the non -buildable land is on the left side where they actually could build something. Page 13 of 38 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday, February 16, 2021 6:00 o'clock p.m. Catelyn Nelson noted if they were to put it on the side, it eliminates the safety factor of having the whole family in the backyard. One of their daughters cannot be in the sun, so to give her an equal shot at being a kid is something they are really focused on. Libby asked for an idea of the elevation of the screen porch. Mr. Nelson said the backyard goes way up and showed on screen that it goes way up; from the golf course's perspective they will be below that and those on the golf path will not really be able to see it. He noted there is also about 70 feet of woods behind them, and there is also a berm and a hill that protects it from the neighbor on one side; on the other side of the house, they cannot even see that neighbor's house. He stated it is private and he believes that is also why the neighbors are in such high support of this. Libby asked if there are any future plans to have egress from the screen porch to the exterior of the yard. Mr. Nelson asked what he means by egress. Libby said an access to get in and out of the screen porch into the backyard. Mr. Nelson replied it would be right where the door is shown on screen, and he thinks that would still be inside of the variance. Libby is hearing loud and clear about safety as he is a great-grandfather. Ressler said while they are on that slide, he sees a proposed stoop. Oakden believes those are the existing doors from the house to the back yard. Mr. Nelson said that will actually be removed. Ressler opened the public hearing at 7:20 p.m. Ressler closed the public hearing at 7:20 p.m. Ressler said in lieu of the public hearing they always have the letters of support on the application. McCutcheon thinks that breaks a record as there are a lot of them. Kirchner said these seven letters of support are the most he has seen on an application. McCutcheon thinks the Applicant laid it out pretty well; the 30 -foot setback is meant for 2 acre lots, so being an acre lot, in his eyes is it a practical difficulty and the Planning Commission has ruled on that in the past. With the boulders, the steepness, and moving the porch to the middle, that would cut their yard in half. He said it is a bigger proposed screen porch but as the Applicant laid out with their child it is necessary for them. McCutcheon remembers when the golf course built a garage and they wanted to go closer to the residence setback and the Planning Commission allowed that. If they can go towards the neighborhoods, he does not have a problem with the neighborhoods going towards the golf course. He is in support of it. Page 14 of 38 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday, February 16, 2021 6:00 o'clock p.m. Kirchner agrees with that. He pulled up an aerial photo while listening, and it is a very wooded area to the rear and appears that there is quite a bit of privacy there, as well as the pictures submitted from the Applicant. It shows that people on the cart path would not even see the structure. Erickson said most of the time when the point is made that there are other alternatives within the zoning ordinance that is certainly one of the strongest arguments. However, looking at this situation there are also some strong arguments in favor of the application. One of them, as McCutcheon mentioned, was about a year ago they had a discussion on rezoning for the Wayzata Golf Club and had built up close to their neighbors with a berm and a change in elevation, etcetera. Along with that they also had a number of neighborhood meetings and neighbors were all pretty much in favor. The other thing Erickson sees looking at the site plan is the uniqueness of the shape of the lot; if it were not fronted with this curved Chevy Chase, it is considerably wider in the back and narrower in the front. It is close to being a triangular lot, which is a textbook case for justification for a variance because it limits what can be done. The Applicant mentioned part of the issue is that the house is set back as far as it is. The reason the house was put there is because the front yard is narrow and about all one can do is put in a horseshoe drive, which they have done. Again, this leaves a constricted backyard and when people have children, those backyards are important. Erickson is tempted to go in favor of this one. Gettman's one concern is the fact that as they look at the paver patio area — and to the left is a lot more space — but the paver patio itself looks like it would accommodate an even larger proposed screen porch but not enter into that restricted area with the setbacks. He said absolutely with all the issues and concerns they have heard; he is just not hearing the practical difficulty as to why it should be there; especially with the majority of it over that line. Ressler's personal perspective on this is very difficult. He recognizes that it is a tough building envelope and where the property sits right now, if this were a brand-new construction it would be an easy fix and they would just move it up. Of course, the property was marketed for sale as it was built, and that makes it difficult to approve because it could arguably be unjust enrichment to build on something that is not a buildable addition. With that being said, something to note he thinks it is helpful to see the elevation of hill in the backyard as it provides a bit of screening and buffer to some of the reasons for these rules being put in place— such as not encroaching on neighbors or adjoining property and their enjoyment and use. For right or for wrong he finds that to be a mitigating circumstance. He appreciates the explanation as far as the placement. Initially his first response was to put it in a place that it fits into, and he thinks Erickson makes some really good points about the triangular shape being a textbook standard for situations like these. There is also a garage that makes it difficult; being able to use what is in place seems reasonable to Ressler. It looks like there is a bit of a discrepancy from the plans and illustrations from what is shown on screen because it looks like there is a one -foot encroachment further about 4.5 feet in — he asked Staff if he is reading that correctly. The drawings in the illustration show it just being a square. He does not know if the Applicant would like to comment on which one the application is for because of that discrepancy. Mr. Nelson said it will not be the square one, it will be the other one and there is a proposed fireplace that will go back there and that is where the fireplace box. Ressler clarified that the one -foot jog in that is 6 xI feet is what they are applying for. Mr. Nelson replied that is correct. Page 15 of 38 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday, February 16, 2021 6:00 o'clock p.m. Ressler said it is difficult and it is nice to see the support from the neighborhood, although they cannot always carry a lot of weight behind those. He thinks there have been some strong points both ways. Bollis noted this is a tough one because there is all of this overwhelming neighborhood support, but traditionally it looks like it would be a no-go. However, looking at the floor plan, he sees why it would not necessarily work where everyone thinks it would work. Where the paver patio is existing, it looks like access would have to be through a bathroom which is not very practical for a screen porch. He is leaning towards liking this location and supporting this because of the access, the safety issue, and by putting it in the middle, he can see how that would basically cut the yard in two, and based on the rear slope coming down to the house, that would be a practical difficulty. Ressler asked the Applicant if they have entertained any plans of making that a little bit smaller so it is not quite as encroaching upon the setback. He asked if they could make it work by going to 14 feet instead of 16 feet. Mr. Nelson said he thinks they can if that would be viewed as favorable to the Planning Commission. It was proposed in this way for a reason, but not necessarily as practical; it is to be able to recreationally enjoy it by having a dining table and a chair to sit there as well. At 14 feet it makes it difficult to do that and at 16 feet it allows for that. Ressler asked for feedback and if anyone has a problem with the dimensions and would it change their opinion for or against if the dimensions go from 16 to 14 feet, or if that 1x6 foot in the middle goes back to a square. Kirchner said for one or two feet, considering the size of the encroachment on the setback, he does not think a simple adjustment of one to two feet would make much of a difference for him as it is still a fairly large encroachment into the setback. Bollis would agree with that. McCutcheon said it is hidden, it is a steep incline and wooded. If this was out with no trees and all the neighbors could see it, that would be a much harder pili to swallow; he thinks it is well thought out and maintained his support of it. Ressler thinks either way there is a lot of good feedback for the City Council. McCutcheon moved, Kirchner seconded, to approve LA21-000010, 133 Chevy Chase, Variance as applied. VOTE: Ayes 6, Nays 1 (Gettman). 8. LA21-000011 JASON FISCHER AND KARA HONEBRINK, (3416) 3420 SHORELINE DRIVE, CONDITIONAL USE PERMIT (STAFF: MELANIE CURTIS) Jason Fischer, Applicant, was present. Staff presented a summary packet of information. Curtis said the Applicants are the owners of Lulu's Pizzeria, a delivery and takeout restaurant in Navarre and are requesting a conditional use permit (CUP) in order to expand the existing restaurant into an adjacent vacant space in order to enlarge their kitchen and prep space and add some take -and -bake cooler space. There is no dine -in service at this restaurant; Page 16 of 38 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday, February 16, 2021 6:00 o'clock p.m. restaurants are conditional use in the B 1 district and a conditional use is required to expand the restaurant into this new space. The expansion will also add a new employee breakroom, coatroom, office, and second restroom, in addition to a small retail space. The customer entry will move to the Shoreline Drive side and the existing western entrance off the parking lot will serve as the driver delivery access. City code states that restaurant use requires at least one parking space per 80 square feet of public restaurant space. The existing restaurant requires three spaces and with the proposed changes the existing public space will primarily be used for delivery ins and outs but may still be accessible to the public for takeout pickups, and there is a restroom available in that area that is a handicap area. The additional space requires 4 parking stalls for a total required of 7; the customers will park in the private lot to the west in 5 spaces or with available on street parking. Applicants have identified 5 parking stalls for customers and parking location in the rear of the building down the stairs in the back for employees and overflow. The lower -level parking lot and adjacent public parking lot will also provide additional overflow. The Applicant has provided a narrative regarding the parking which is in the packet, she has not received any public comments as of today. Planning Staff recommends approval of the CUP to facilitate expansion of the restaurant into the adjacent vacant space as proposed. Bollis asked regarding the existing space they are taking over, what is dedicated to that space as it sits today. Curtis replied she does not know the conditions of the parking dedication as far as what is available on the private lot space. The Applicant has summarized who parks where and what is dedicated to whom. The City parking lot does not have specifically allocated spaces per uses. Bollis asked if that space is conforming as retail right now to the parking, or do they just not know. Curtis said she has no idea. If Ressler recalls, one thing to note about that space whether it is part of the property or not, there is adequate parking on the street, as well as some parking out back, and that is certainly helpful as part of the deliberation. Curtis said it is relatively unique that they have a small parking lot dedicated just to their use. Jason Fischer, Applicant, approached the podium. He addressed the question regarding parking and said there are 12 additional spaces behind the building and those are not specific to any one tenant in the building so it is parking available to essentially anyone. As Curtis mentioned, they also have the City lot behind that; therefore, they have 5 dedicated spaces for the existing business, street parking off Shoreline, and 12 additional spaces in the back of the building, and the City lot beyond that. Generally speaking, customers are in and out within a couple of minutes, they try to do curbside as much as possible for customer safety. Mr. Fischer said they are proposing to expand into the vacant space to add additional capacity for cooking. Right now, in the existing space they only have 450 square feet and one pizza oven, which is not adequate for purposes right now during peak time, so they would like to add an additional pizza oven, and some additional cooler space. Libby asked Mr. Fischer if they are required to have any additional Department of Health licensing to prep the dough and do that on site or are they getting it from a third -party vendor. Page 17 of 38 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday, February 16, 2021 6:00 o'clock p.m. Mr. Fischer replied currently their dough is made off-site. Another reason they want to do this is that they would have a significant cost savings by making the dough in-house. Any construction done in the new space would be done under the guidelines of the Hennepin County Health Department; they have walked through the space and have their construction health guidelines that the new space would be inspected for. Mr. Fischer said they would follow all health department guidelines and would be inspected before they would start producing dough on that side. Ressler opened the public hearing at 7:42 p.m. Ressler closed the public hearing at 7:42 p.m. Ressler asked if anyone has problems with this plan. Bollis likes it; he only brought up the parking because it was in the staff report. He feels like in looking at the new addition piece as retail, it falls under a different parking code requirement and it is actually less. He thinks the 5 spaces actually is conforming 100% with what they are asking for and he likes everything about it. Ressler said furthermore it is mitigated by having some public parking that seems to be well supporting the space that exists. It has been a successful business from everything he has observed and the space that is existing there makes it difficult to grow and sustain as that is how restaurants survive. He loves it, thinks it is great, and said they are always trying to create more vitality for that area. McCutcheon moved, Libby seconded, to approve LA21-000011 Jason Fischer And Kara Honebrink, (3416) 3420 Shoreline Drive, Conditional Use Permit. VOTE: Ayes 7, Nays 0. 9. LA21-000012 CLAIRMONT DESIGN BUILD, 1260 SPRUCE PLACE, VARIANCES (STAFF: LAURA OAKDEN) Rick Severson of Clairmont Design Build, Applicant, was present. Staff presented a summary packet of information. The Applicant is looking to construct a second story addition to an existing home which is located on a substandard lot. The footprint of the home is not proposed to change; the existing home encroaches in the side yard setback, 75 -foot lake yard setback, and the average lakeshore setback. The proposed improvements are all vertical and the property is currently over in hardcover and there are no proposed changes to the existing footprint or the setbacks to the property. The red shown on screen is the footprint of the existing home, so the white is identified as that proposed second story. The Applicant identified the substandard lot and existing home location as the practical difficulty for supporting the request. Staff finds there are a number of property characteristics making improvements to this lot challenging. The substandard lot is 50 feet wide and '/4 of an acre, where 1 acre and 140 wide are the standard, leaving little area for modest expansions. The existing home footprint currently has a 6.5 -foot side yard setback in the northeast; she noted the setback on screen where the current home sit 6.5 feet and 7.5 feet is required. The existing house footprint is also roughly a foot into the 75 -foot lake yard setback at 74.3 feet, and the property abuts an unimproved right-of-way to the north. The average lakeshore setback (ALS) is established solely by the house to the south which is set 83 feet back from the ordinary high-water level (OHL), making the existing house footprint encroach approximately 11 feet into that ALS. She said the proposed second story addition encroaches in those three ways, and are all vertical encroachments. These are practical difficulties to support the requested Page 18 of 38 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday, February 16, 2021 6:00 o'clock p.m. variances. The southern neighbor at 1270 Spruce submitted a letter of support included in the packet. Staff is recommending approval. Gettman asked if Staff has any picture of the neighboring houses and how they sit on the lots. Oakden showed an aerial photo with some neighbors, but does not have any street views. Libby is not seeing in any dimensions or illustrations what the maximum two peak roof height is with the added addition. Oakden believes she did an analysis on height and they were not proposing to be above the 30 feet. Ressler noted there was a change in the last few years as to how they measure that 30 feet and asked if that is true. Oakden stated they clarified the building height definition and they now measure from the midpoint of a gabled roof. They used to take into account some windows on the second story and do a midpoint from there. Rick Severson with Clairmont Design Build approached the podium. He noted it is not on the drawing but the height at the maximum is 23 feet 4 inches. Going back to the aerial photo, the lay of the land is the lot to the south is the highest, 1260 is midway, and then it drops again. The roofline on the south lot is substantially higher than the 23 feet 4 inches at the highest point, and it is from the main floor not from grade. However, grade in this house is very close to the main floor. Ressler opened the public hearing at 7:52 p.m. Ressler closed the public hearing at 7:52 p.m. Ressler stated they already had one of these, and the previous one was not adding as much for structure, but reusing the existing structure. By definition this is not the same, however, in looking at this historically the Planning Commission has not been opposed when one is building on the existing envelope that is already there. Gettman noted it has been the line of sight they have had concern with. Ressler said that is correct. Kirchner said it is a great summary and he agrees with that. McCutcheon moved, Bollis seconded, to approve La21-000012, 1260 Spruce Place, Variances. VOTE: Ayes 7, Nays 0. 10. LA21-000013 BOB JOHNSTON, 2190 WAYZATA BLVD W, CONDITIONAL USE PERMIT (STAFF: LAURA OAKDEN) Bob Johnston, Applicant, was present. Page 19 of 38 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday, February 16, 2021 6:00 o'clock p.m. Staff presented a summary packet of information. The Applicant is requesting a CUP to allow a day nursery and Planning Staff recommends approval. The Application is requesting a CUP to utilize the property for a day nursery for a children's workshop, which is the City Code words for a daycare center. The proposed business will occupy the entire building. Other than signage there are no proposed changes to the exterior of the building. The application proposes a fence in the rear of the building to establish the required dedicated play area. This will remove some existing parking space and the available parking remaining meets the minimal requirements outlined by City code. The building is currently vacant and directly abuts a greenhouse with outdoor storage to the west, and commercial businesses and gas stations to the east. There is a residential development to the north of the parcel and the Applicant is proposing a 72 -inch -tall perimeter fence along the rear property line. An administrative site plan review is required and will be done prior to issuance of a building permit and to ensure conformity to the CUP. Setbacks and structural building coverage have no proposed changes. With the B 1 zoning district, day nurseries are listed as a CUP needing the outdoor play space requirement. The day nursery would operate 7:30 a.m. to 6:30 p.m. Monday through Friday with no weekend use; they currently have 54 students enrolled with capacity of 110 students. The business is operating with 13 staff members but could potentially have 21 on rotating shifts. Day nurseries generate traffic at peak times during morning and evening rush hours — access to the site is a single drive to Wayzata Boulevard which goes through the City of Long Lake. The County has installed turn lanes to support this intersection within Wayzata Boulevard. Multiple neighbors at 2160 and 2173 Wayzata Boulevard have signed acknowledgement forms included in the packet. The City of Long Lake was notified of the CUP because of the access lane that cuts through their city and they have no additional comments regarding this application. Items to consider: does the Planning Commission find it necessary to impose any conditions in order to mitigate any impacts for the proposal, or are there other concerns. Ressler clarified there is adequate parking off a busy road and that seems like a good spot for something like this. He said there are no plans of changing or reducing some of the parking spaces besides what is noted for the outdoor play area and asked if that is correct. Oakden replied that is correct. Ressler said part of the Staff recommendation includes a site study that would include the parking spaces being adequate. Oakden said correct, that was reviewed and an analysis is included in the packet. Ressler stated it is supported as applied. Oakden said yes, they are meeting the minimum standard of 24 spaces. Bob Johnston, 9348 Quinn Road in Bloomington, is a commercial broker representing the interest and filed the application on behalf of Children's Workshop, Children's Workshop is currently leasing space in an office property in Plymouth and as a tenant of many years there, they have obvious limitations. Mr. Johnston stated they look at this building with excitement for the future and become their own landlord and grow their business. Ressler opened the public hearing at 8:00 p.m. Ressler closed the public hearing at 8:00 p.m. Page 20 of 38 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday, February 16, 2021 6:00 o'clock p.m. Ressler noted it is a daycare facility and that is needed, it is a vacant building, parking is adequate, ingress and egress is adequate. McCutcheon said it is a pandemic and there will be more kids. He said in all seriousness, he thinks it would be a great asset to the community. Ressler agreed and asked if there is any opposition. Libby does not have opposition but reading the licensing and the accreditation and the fact that this is a vetted organization it seems that it would be a sensible proposal for them to become their own landlord. Kirchner moved, Gettman seconded, to approve LA21-000013, 2190 Wayzata Blvd W, Conditional Use Permit. VOTE: Ayes 7, Nays 0. 11. LA21-000014 MARK RAUSCH/AZIZ SADDIQUI O/B/O UNIVERSITY OF ST. THOMAS, PID 33-118-23-11-0060 (NW CORNER OF WILLOW AND WAYZATA BLVD) COMPREHENSIVE PLAN AMENDMENT - SITE PLAN; ZONE CHANGE; AND PRELIMINARY PLAT (STAFF: JEREMY BARNHART) Aziz Saddiqui, Applicant, was present. Staff presented a summary packet of information. This application involves four different actions that Barnhart is looking for responses on tonight: a Comprehensive Plan amendment, a zone change, a preliminary plat, and a master development plan proposal. These are all related to re -guiding and rezoning the property for a residential planned unit development to support a 37 -unit townhome development. The Planning Commission saw this project as a sketch plan last September and at the time the project was 43 units and there was some comment or concerns with the external setbacks of the site. There was also a density issue. Barnhart said the Applicant has responded to the comments made by the Planning Commission and City Council and has come back with a 37 -unit project. The project will be 37 units in 9 separate buildings, all of the buildings would be shared by municipal water and sewer, and storm water management plans have been provided to manage water on site. Eventually all storm water will depart the site and enter the larger regional pond immediately to the west of the site. Access to the project is via a single road off Kelley Parkway, this road will be private. There are no proposed or supported intersections with Willow Drive or Wayzata Boulevard. The Applicant proposes a unique feature as a sidewalk that connects to all the front doors throughout the development, with a larger external sidewalk or trail system. The Applicant also shows a decorative fence along the west, south, and east boundaries of the property to define the space between the public and private areas. Regarding the Comprehensive Plan amendment, generally the City of Orono tries to keep density low and only introduces higher density where it absolutely has to happen or there is no impact on neighboring properties. Barnhart said this project is proposing a reduction in density from what is guided for in the 2040 Comprehensive Plan, which guides this property for urban high density which is 20-25 units an acre. This project came in at right above 10 units an acre which requires a formal approval for that amendment through the Met Council. There has been comment during the sketch plan process of why they cannot make it less dense; in analyzing this project, when they start dropping below 10 units an acre, they start having repercussions in requiring to add density elsewhere in the community. Barnhart said if they go below 37 units, it would require them to re -guide it for urban medium density which is a 3-10 unit/acre range. When dropping to the 3-10 unit/acre range, the Met Council only considers the lowest number of that range (3 units/acre). Page 21 of 38 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday, February 16, 2021 6:00 o'clock p.m. With the guidance of 3-10 units/acre the Met Council expects to see about 9 units — with that difference between 9 and 37, they must identify sewered land elsewhere in the community or higher density to accommodate that additional growth. The City Council reviewed that as part of the sketch plan and recognizes the give-and-take associated with that type of density transfer and supported at least 37 units/acre for this property. Barnhart stated that is important because some of the comments he will make later he wants to make sure they will not reduce density from that number. Gettman asked what the initial proposal was. Barnhart believes the Planning Commission saw 43 units. From a Comprehensive Plan amendment, Staff supports the change down to 10 units/acre, as anything further than that would require more work on the City Council and Planning Commission to identify higher density and sewer properties elsewhere. The zone change to the Residential PUD, the master development plan, and the preliminary plat are all connected; the zone change does meet most of the criteria of an RPUD and there are a couple waivers identified. The first is the minimum lot area for an RPUD zone is 5 acres and there are exceptions, such as being adjacent to another RPUD zone and it could be considered as an extension of that. Barnhart thinks the Applicant has approached it as the overlying feature. He said these buildings will not be identical to Stone Bay but they will have the same characteristics; Staff does suggest and support the zone change to RPUD. The memo talks about the waivers identified, those waivers included setbacks from Willow and from Wayzata; predominantly they address both the Planning Commission and City Council comments during the sketch plan. At the time, the buildings were very close to Kelley Parkway and Wayzata Boulevard, and these buildings did not conform to the minimum setback requirements as proposed by the City ordinances with the exception of Lot 4. He showed a unit on screen that is a little too close to Willow Drive and clarified the Applicant needs that waiver to keep to the 37 units on this project. Barnhart pointed out a road on screen and said the setback adjacent to Willow for the road itself should be 20 feet and this shows it at 10 feet. Staff supports the waivers as shown to keep an appropriate amount of area for open space and also provide 20 -foot separation between the building and the street so one can park without blocking the street. Barnhart said one comment that the City Engineer raised was the City standard for roads that serves this many units, a private road should be 28 feet. These roads are shown at 24 feet; at 24 feet there would be no on -street parking as part of the fire code. At 28 feet they may be able to have parking on one side and to address that, the Applicant showed 10 guest parking spaces adjacent to the open space to accommodate some guest parking. Barnhart said the parking will be satisfied with a 2 -car garage and parking stalls in the driveway area off the street, so technically each unit will provide 4 spaces, two of which will be covered. One thing Staff typically looks for in a townhome development is the distance between the buildings and distance between the back of the building and the street. This project shows 10 feet between buildings which is a little less than Stone Bay at 14 feet on the smallest measurement; they show 20 feet here (on screen) and Stone Bay's smallest measurement was about 18 feet. He said it is similar but not exactly the same. The Applicant has provided drawings of the proposed buildings and Barnhart noted this is one of the areas the City has received comment from the neighboring community. As mentioned before the Applicant has taken heed of the Planning Commission and City Council's comments during sketch plan review and at the time were concerned about setbacks and preserving external setbacks. One thing Staff has a slight concern with is Block 5, 6, 7, and 8 — the face of those buildings face out to Willow or Wayzata Boulevard. He said this is the garage side of the building, which is often the more private space but is also where a garbage can is stored and they do not usually want that at the front entrance. Staff has some concern with this orientation and would suggest flipping these buildings so they face Willow or Wayzata. To do so and maintain the same number of units they would have to reorganize this road here (on screen) to provide access to all of the lots. They would also need the support from the Planning Commission and City Council for waivers for the setback. Page 22 of 38 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday, February 16, 2021 6:00 o'clock p.m. Barnhart thinks they can achieve the same number of units fronting Willow and Wayzata in just these three blocks if they have a 30 -foot setback off of Willow and a 35 -foot setback off of Wayzata. He said that goes against what the Planning Commission and City Council talked about earlier. The Applicant seems receptive to that but has been leery to change the plan knowing the Planning Commission and City Council had commented opposite of that. Barnhart would like to hear some feedback on that type of change. The Applicant shows landscaping along the exterior of the project, and a row of arborvitae to show some screening as well as the decorative fence which will not block view but will provide a decorative edge to the public and private space. The Fire Chief has provided comment and he absorbed it into his Staff comment letter — basically his main issue was the fire hydrant is shown on the east side of the new road intersection and he would prefer it on the other side. Staff is recommending approval of the four applications subject to the five conditions included in the memo. Staff has received 6-7 comment letters and most of them seem to be focused on the location of the driveway and its potential impact from a headlight perspective with the residential units on the other side. He also noted quite a few comments with concern about the design of the building, not so much what they are, but want to make sure the materials are hardy plank rather than vinyl siding, and wanted some variation in the color or texture of the building. Staff is looking for some feedback on the architecture and whether the Planning Commission would like to see any changes. Regarding the driveway location, the City standard is relatively minimal; it is 100 feet away from an intersection. Barnhart pointed out 100 feet on screen and said a bigger issue is there is a turn lane and generally they would look for 300 feet on the turn lane and pointed it out 300 feet on screen. He pointed out the building across the street that would be impacted by headlights and said there is not a lot of opportunity to provide screening on the other side of the street because where this road intersects Kelley Parkway on the other side from the Stone Bay Development is an unimproved fire access, so trees and plantings are prohibited in that area in favor of maintaining an access for emergency vehicles. He noted the Applicants are here. Staff recommends approval and is looking for feedback on any changes to the plat, any comment for the architecture of the buildings, and anything else the Planning Commission has identified as a concern. Ressler said seeing how it is proposed and how it is guided, what was going to go there, was it supposed to be an apartment complex. Barnhart thinks the 20-25 unit would have almost required an apartment building and there was an apartment building proposed for that property that did not require any wavers, met all the setbacks, with all the parking, etcetera. The City Council felt that was too dense at the sketch plan level about a year ago so their direction at the time was to look at something a little more consistent with the Stone Bay Development and that is where they are at now. Bollis said regarding the driveway or road, it appears that it correlates directly with the cul-de-sac to the property to the north and asked if that is correct. Barnhart replied yes. Libby asked for a clarification on the five conditions; the orientation Staff is recommending versus what the Planning Commission received in the original drawings, are they recommending that there be no garage and driveway facing to Wayzata Boulevard or Willow and asked why. Barnhart is suggesting the driveway and garage door side of these four blocks, they face interior to the site so there would be a road roughly here (on screen) and the "public" front door portion of the property would face Willow Drive and Wayzata Boulevard. Page 23 of 38 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday, February 16, 2021 6:00 o'clock p.m. Libby asked what is the metric or premise that is based on. He noted there was a mention of garbage and recycling, and in most residential neighborhoods that do not have this kind of density would actually be street side because of the size of the vehicles that come in for waste management. He noted trying to compress vehicles into that interior would seem to be really restrictive. He wonders if they are borrowing from other metrics or reasons to do that, as these large vehicles are better off in the larger thoroughfare and in the front. Ressler noted this may be better suited for the discussion. Libby apologized and said he was asking a question so he had clarity. Ressler said it is natural for it to turn into discussion. Aziz Saddiqui with David Weekley Homes, Applicant, approached the podium. He is responsible for overseeing the entitlements and development for the Midwest and western pant of the country. He thanked the Planning Commission for all their feedback and perspective last September. He noted three major takeaways for him and were very important; first, the density count and how sensitive that issue was, as that conversation went on for about an hour and there was difficulty figuring out from 75 or 85 units versus 37 or 35 or 40 units. He said the magic number is 37 and they managed to get that, and that unit count contributed to the setbacks — he thinks the main one was Wayzata having 50 feet because the rest of the units along the stretch were 50 feet. With Willow and Kelley, he thinks they were able to achieve the 36. Addressing these three setback scenarios, the unit count, and to the comment about bringing the open area/play structure area to the internal part of the development and make it more warm and secluded for the community. He said they achieve many of the major bullet points they received and they continued to communicate with Barnhart. To further enhance — although the City did not push for it — they wanted to fence this community with ornamental fencing and provide perimeter landscaping around the entire area. He noted the company did consult with their landscape architect in regards to a comment about the large amount of snow, wind, and salt, and how that would impact the arborvitaes along Wayzata Boulevard. With the kind of setback in being more than 30 feet from the pavement, their architect believes the arborvitae will do well. Mr. Saddiqui said they are open to any suggestions or comments, and if that needs to be changed, they would love to accommodate that. He showed on screen a street -view from Wayzata and what one would be looking at while driving as they are 10 -foot arborvitae with a five-foot fence. To Mr. Libby's point about the reasoning behind why they need to flip the units — the company is not opposed to that — they felt for the homeowners, why not give them that sense of enclosed, one community if they are all facing that open area. He noted they are not opposed to flipping those units and it is open for discussion; they did provide one concept of that plan. Mr. Saddiqui said the company feels very strong because they improved the plans from the last meeting and are continuing to work on it. He thinks their elevations are very attractive today and noted they added a bunch of gables and character to the garage door, and are still trying to improve them. If they go back to the color scheme setup, they had an excellent call with the neighborhood and there were about 15-20 guests and many had questions. A majority of them wondered how the color schemes would work, if the entire community would be all grey, beige, etcetera. He showed a color drawing on screen and noted it helps everyone understand how the patterns and character of the buildings will work. He noted all windows are surrounded with the hardy board, the siding, and trim boards, with stone surrounds; he said it will support and compliment the neighborhood and they are feeling good about how this would turn out. As he said last September, they are introducing this product in June in Burnsville, and want to bring the same product to Orono. He added from the neighborhood comments, there was one person who felt very strong about where they were coming in and out on Kelley Parkway and Mr. Saddiqui feels they chose a very Page 24 of 38 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday, February 16, 2021 6:00 o'clock p.m. ideal spot. After the call, the company went back to the traffic engineer and spoke with him about it, looked at the grades, and that is the highest peak on the street. For traffic purposes, when coming out, it has a proper visibility to avoid any accidents in that area; the traffic engineer felt good about it and wrote a memo based on his study relating to the intersection of Kelley and Willow versus where they are today. If the company was to move that location and get closer to Kelley — and he believes they did try that with the engineer and planner — Mr. Saddiqui is fearful that they might end up losing one or two units because of the way it curves at the bottom. Ideally it worked out for the unit count and they did play around with it but felt that this is the best option. He believes they have put all the points together for the Commissioners to look at. Gettman asked with the parking situation, he likes everything the company has done, and said with the latest concern about the headlights, have they considered a right -turn only coming out that would eat into some of that space on Kelley. It would literally angle the folks and prevent the headlights from going directly into the house. Mark Rausch, with Alliant Engineering, approached the podium and asked to share a graphic of the site plan on screen. He wants to show how the road aligns with the cul-de-sac across the street; if they do turn the traffic to the right, they will actually start to angle the headlights right at the home. Right now, the elevation of the intersection is at 27 feet and the house and garage on the east side of the cul-de-sac is 30, so it is about 3 feet higher and the house on the other side is actually 34 so it is actually 7 feet higher. He noted they have some grade separation. He showed another photo from Google Maps on screen of what the headlights look at today. Mr. Rausch said as Mr. Barnhart noted it is a tough spot, they have looked at it, and there is an intersection to the east they are trying to stay distanced from. They are on the outside of a curve so it is actually really good from the horizontal location; the vertical curve is exactly where it is set and actually stubbed water and everything like it was set up to be a road connection. There has been a lot of thought about it and it is ideal for the site plan as well, and the Commissioners have seen a couple of different iterations. He asked if Gettman would like to see something that is angled to the east. Gettman replied no, he is asking if they have considered a right -turn only lane out of it and actually eat in to some of the park or sidewalk area they have and that would force people to not have to have the headlights while waiting to turn right or left facing straight in there. It would literally have them guided to the right and it would also guide the traffic — instead of cutting through the rest of the neighborhood — it would actually guide them directly onto Willow Drive, rather than cutting through the back area. Mr. Rausch said they have not looked at a right -in, right -out. They could look at how the headlights aim, noting they would have to aim them quite a bit to the east. Libby wants to let the Applicant know how much he appreciates their willingness to discuss the idea of flipping the front to the back, and so on. In all respect for the planner, that may be something that needs to be done. From an engineering standpoint, he has dealt with a lot of these developments that build this type of row house. He asked if they were to move the driveways to the rear, they would really need to move the entire front of the row houses closer to the street; he does not know how much sidewalk they are willing to lose but the idea of a walkway around the front is very popular and common in the newer developments. However, they would end up having to move the entire row towards the street side, sidewalk, and road, and lose a substantial amount of area in the back where they must have driveways even as short as they can make them. Page 25 of 38 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday, February 16, 2021 6:00 o'clock p.m. Mr. Saddiqui noted that is one reason Mr. Barnhart made a comment that if the company was willing to do that, there might be more exceptions for the setbacks on Wayzata Boulevard because that will be shrunk quite a bit. Libby understands and said from an engineering standpoint his point is valid, they will have to move all the townhouses closer to the sidewalks in the front to accommodate the driveways in the back. They are then going to have to accommodate pick-ups for waste and recycling and will lose a substantial amount in the rear. Mr. Saddiqui said talking about the trucks coming in for service purposes, he is not opposed to the other suggestion, but this particular plan will eliminate the aesthetics in the neighborhood by keeping the internal part of the neighborhood clean. It will be on the outside and will be all screened, so it will be less optical aesthetic. From a practical standpoint, this is a good flow as a development and is what they would like to leave behind; however, they are not opposed to the other idea. McCutcheon asked if the garages are 21 feet deep. Mr. Rausch believes they are 22 feet. McCutcheon noted this is truck country so they just need to be sure a truck will fit. Ressler opened the public hearing at 8:40 p.m. Ressler closed the public hearing at 8:40 p.m. Ressler noted he cut off Libby's comments so brought the discussion back to him. He said he was not second-guessing or criticizing their planner's suggestions; he has been on-site, boots on the ground on both of these designs before and there is always a give-and-take, especially with a limited lot size, even at the density they are at now. Some utility providers are willing to work with smaller vehicles, but they have to come back more often because they don't have the capacity to take the entire neighborhood at once. Barnhart asked to comment and clarify, his proposal is that Road A, instead of looping to the outside of Blocks 5, 6, 7, and 8, would loop around the center feature and provide frontage or access to these lots. He noted Willow Drive and Wayzata Boulevard will not provide any access to any of the lots from a service standpoint. The reason his comment was made about flipping the lots is to provide a front door appearance to this neighborhood onto those public streets, which are pretty important public streets in the community. If a utility truck or FedEx truck can access Road A for Blocks 1-4 here, they will be able to do it for these other blocks. Libby understood that and the handout with a drawing looks exactly how he pictured it, if the net effect was having to move all of the townhouses closer to the front, sidewalk, walkway, and exterior service road, which is exactly what his point was. Mr. Saddiqui said from a developer and builder's perspective, or more importantly, if he is a buyer in this neighborhood, would he want to be in his home with the front door looking at Wayzata or Kelley every morning. That would be the question he would ask ... or would he rather park his car and be looking at an Page 26 of 38 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday, February 16, 2021 6:00 o'clock p.m. open space internally. From the marketing aspect, he is not sure which one will sell and how the market will receive it, but it is something to think about. Barnhart commented that the Planning Commission and City Council made it very clear they want to see setbacks of a certain dimension during the sketch plan review. His proposal "ignores" that recommendation because it does require waivers against what they had discussed earlier; he thinks the tradeoff is beneficial to the City in the long-term, but it is completely up the Planning Commission if they want to support those types of waivers. Kirchner said one of the feedback questions was specific to the orientation and he would agree with Libby, not so much for the service vehicles, but for the exact reason the Applicant has just mentioned. He has the floor plans up and a walk-up unit that feeds directly into an outlot with a family room that would be next to those walk-up unit doors. They spoke earlier about a family in a backyard and he sees that as a way for this community to do that; one could be in the family room and have kids out in the greenspace. He has concerns if they were to put Road A across and flip the orientation, he feels they lose greenspace in the center which he believes is important to Orono residents and is something they value. He also then sees children walking across the street to get to the park where right now they can walk out a door and are on a sidewalk. He actually prefers this design and thinks Wayzata Boulevard is a major thoroughfare with a speed limit of 50 mph, there are gas stations, a McDonald's, and he does not know that people will care too much that they are looking at garage doors when driving by. He does not know about Willow, but again said he appreciates this design and thinks it creates a bit of a community within this development. If Erickson imagines himself as a potential buyer for one of these, he would prefer the one on the screen over this one. The reasoning is by having the garages facing Willow Drive and Wayzata Boulevard, it creates a better community feeling in the interior. The "backyard" is a relatively private recreational area which gives a backyard feeling in sharing with the neighbors. With the high traffic on Wayzata and Willow, that is where the garage is; to him it would be much more inviting and that would be a much easier sell. He also wants to commend the Applicant for making a tremendous improvement over what they were looking at last year, which was not terribly bad, but was not as good as this. He recalls in the Planning Commission meeting garages backing up to each other and if someone backs up and there is a car there it could be a conflict; that has all been eliminated by this loop road which is a wonderful improvement. Another comment made, originally the recreational area was over on Kelley and again, in creating a community with an element of privacy but still shared with neighbors, these are all improvements and he really likes it. Bollis agrees with Staff about the orientation, as aesthetically he thinks it would look more pleasing driving along Highway 12 or on Willow in looking at fronts of units similar to Stone Bay. Most of those units along Kelley are looking at the front of the unit or the "pretty" face of the house. As a resident of the community, he thinks it would look better, but he tends to agree with the Applicant that the flow and engineering -wise isn't quite there if they flip them. Mr. Saddiqui did complement that by having the fronts on Kelley to Stone Bay. Bollis said in looking at the two plans, he would prefer the one on screen if he were going to be living there. If he was not living there, he would prefer the aesthetics of the secondary plan. He said it is just a comment and he does not know how he feels one way or the other for a vote on that. He asked if the Page 27 of 38 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday, February 16, 2021 6:00 o'clock p.m. Applicant has explored staggering the blocks a bit instead of having them in a straight line, particularly Blocks 8, 7, 6, and 5. Mr. Rausch said they could definitely stagger 6, 7, and 8; 7 could sit back and obviously it gets tighter between 5 and 6 and they are trying to keep a separation there. He noted 8 gets a little tight, but maybe there could be something done with 7 to create some relief from Wayzata Boulevard. Bollis said he is not in love with that view from Wayzata Boulevard of the backs of the units and a big straight line of units. Mr. Saddiqui said the goal is, it is almost like a gridlock, as they are locked with the setbacks of 50 feet from Wayzata Boulevard and that is the line they need to work with. Anything they do gets pushed and cramped into the back area. He noted they are really in a tight spot from all corners in there. He said given what they have, the company thought this is the best they could come up with, but are open to suggestions to improve and make it better. Bollis said on the landscaping plan, he appreciates what was done on Highway 12 with the idea of fencing and screening. Personally, he would prefer something more like they are doing on Kelley where it is a little more of a natural look, rather than a fenced line with arborvitaes. McCutcheon thinks this is a lose -lose instead of a win-win, so they must compromise somewhere; he noted he could look at this next week and have a different opinion. From a safety point of view and flow, Amazon is such a big part of everyone's lives now and he tends to agree with the builder's design, as it is safer and flows better. He thinks of kids trick -or -treating and the sense of community, and said they deserve that right, too. He understands on Willow Drive it will be different, but he thinks it is a compromise. Ressler has looked at this three times now and always tries to come up with constructive criticism because just saying one does not like it doesn't work. He said they want to make this work and need to provide feedback on what they think works. The Commissioners have done a nice job of providing that constructive feedback and he thanked them for that. Some of Ressler's concerns, he recognizes they have an issue here where if they reduce the density any further, they have to now reallocate that somewhere else, and that is a real problem. The other hard part is whether they are creating a problem by avoiding another; regarding snow removal, when they have those setbacks or cushions there is relief, but when they tighten those boundaries it can create problems. He noted it does not look like there are a lot of places to put snow. As far as where the traffic goes, it is a tough spot because any of them who have spent time in that area during school times, it is a really tough area to get in and out of. Psychologically, it is difficult to think about adding another 37 homes to an area that can already be congested at different times. He said that is difficult because what is his constructive criticism about that; they add more traffic to Kelley Parkway and it is guided to. He does not think there is a better place to put the entrance, if they put it out on Willow it relieves Kelley Parkway but now there is a problem on Willow. He recognizes that and does not have a better idea. He has concern over the setbacks and agreed that Wayzata Boulevard is the identity of the community and he recognizes that things like McDonald's and gas stations are also part of that as it is an urban area. What the Planning Commission cannot do is change that, but they can provide feedback on what the future will look like, if there is proper screening being provided. Ressler said one of the illustrations provided was hard to tell the scale because it did not look like 9 feet unless it was a 3 - foot man and a 2 -foot dog. His constructive feedback would be to better understand the scale to help the Planning Commission and City Council feel more comfortable about what that really is. His question is if Page 28 of 38 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday, February 16, 2021 6:00 o'clock p.m. this is the minimum without having to change how they guide a lot of things in this area, where were they planning on going when they guided it ... because how do they add more? Knowing the traffic that goes in and out, knowing the area, knowing how difficult it is to egress and ingress. He thinks okay, what would they rather see here, an apartment complex at 3-4 stories? He does not know and said that does not solve the traffic. Ressler still does not like that small of a buffer between Wayzata Boulevard and the proposed development; he does not have a constructive answer about what would do it without reducing the number of units. Knowing that they need to add massing and housing, he noted they had a proposal further west that they kicked around that also would have helped with that exchange and that is not what this application is. He does not know, but if they asked him, he would rather see a taller structure that has more greenery to provide some clearance for enjoyment and less pavement and massing of structure than one -level living. However, one -level living seems to be more in alignment with the community and that is where he struggles. For whatever it is worth that is his perspective. Libby said to add merit and credence to the planners and several other members perception about that front -facing Wayzata Boulevard and the impression of the community, there is great validity to that. Being the only person here other than the developer that has sold hundreds of units like this over the course of 30 years and listening to the voice of the consumer in a year than most people in the room deal with in a lifetime, he can tell them that they are conjecturing on what the garage side of these would look like. He said they have not really looked at it or seen a perspective and how attractive, like a single- family home, the garage side entry to an architectural design can look. It is not as unwelcoming as the Commissioners are proposing and they have not even seen the design of the garage side of one of these units. Again, there is another serious concern he has regarding the change to Road A, and he thinks the developer was very open-minded and had an ear to the environmental aspects of moving a gathering place for children or kids to the center from the outside. What do they do then? They take an area that now is kind of a safe spot in the middle of the living center of the community and by adding Road A, they intensify noise pollution, carbon monoxide, sulfur dioxide pollution into an area where they will disturb everybody every time. Whether a UPS truck, a garbage truck, or a recycling truck going on to that road; they may not disturb the people on the backside on Kelley, but certainly will have a high concentration of just about every kind of pollution as long as they have high combustion engines delivering packages and picking up garbage. They are moving all of that to the inside versus having it dispersed widely on the outside. He noted they can make a garage approach architecturally very attractive and look very nice from the street side. That is Libby's perspective and he said they are exacerbating a problem that they have already kind of solved by turning these around and flipping them to the other side. Ressler said until they go to the next generation of electric powered heli -taxis, they are all in this conundrum together. He said again, he is trying to be constructive here because it is kind of a tough one. Libby said they can do the environmental metric fairly easily as they have the capacity to do that, engineering and design people do that all day. Ressler does not think environmental is necessarily the biggest concern here, that is a personal opinion. He struggles with buffering to a busy road and traffic; he does not know how they fix that. He is not going to recycle the same comments he has already made in essence of efficiency and wants to clarify he is not arguing, either. Erickson made a comment on traffic, and would like to make a little historical background as he first looked at this area in 1971. He said it was 80 acres for sale between Willow and Old Crystal Bay Road and many years before the City showed any interest in building this building. They were occupying the Page 29 of 38 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday, February 16, 2021 6:00 o'clock p.m. same building that Mr. Gronbuig the surveyor has, that was City Hall in Orono. Eventually the guide plan developed into something other than 2 acre lots and it first became commercial, because Long Lake had commercial, on the south side was the Harvest Moon, and Otten Brothers before that. So, they figured if they have commercial on 3 corners, they must have commercial on the 4"' corner. The first proposal that came along was a Cub Foods store and that did not develop but was seriously discussed for some period of time. In thinking about traffic, think about how much traffic would be generated by a Cub Foods store; as it turned out, that was not approved. Erickson said one that was approved was 2 office buildings, with one of the office buildings having a bank with a drive-in teller. Apparently somewhere in the process the prospective banker changed his mind about it and it never happened; again, thinking about a couple of office buildings with a bank, how much traffic would that be? More recently in the last few years, in talking about a medium density residential on that corner, they are talking about less traffic than other alternatives might be. Granted, they can take some units out and there will be a little less traffic, but where do they stop with that? The most impractical statement Erickson has ever heard in this room (and this was many, many years ago) was from a Councilman who suggested they can have 2 acre lots on the whole frontage of Wayzata Boulevard. Erickson had done a lot of work in other cities such as Long Lake, Minnetonka, Wayzata, and that was before there was even any discussion of a bypass and State Highway 12 was right there. To his mind, 37 units here is moderate density and is moderate traffic compared to anything else that might be there. He said it works for him. Gettman asked the Applicant, regarding the targeted prices, especially as compared to across the street, so Stone Bay versus this new development; with the 43 properties there was one price range they were targeting. With the 37, has that price range changed for each of the homes. Mr. Saddiqui said the labor and the material has gone up significantly in the last 6 months and that is one impact, and also the unit count. He said the kind of elevations they are doing and the cost related to that; they are targeting $430,000 or $440,000 to $470,000, and said again, it is in the works and is not set. Gettman understands and just said for the City Council. Ressler said this was good feedback from everyone and unlike some applications that are very clear and concise as to the direction they are going. Gettman asked if they want a motion for each or if he is comfortable with one motion. If Gettman has a suggestion, Ressler is all for it. Gettman moved, Kirchner seconded, to approve LA21-000014, PID 33-118-23-11-0060 (NW Corner of Willow and Wayzata Blvd) Comprehensive Plan Amendment - Site Plan, reducing the density; Zone Change to the Residential PUD; the Preliminary Plat and Master Plan approval of the development as applied with Staff recommendations. Barnhart asked to confirm the five conditions Staff put in the memo. Met Council approval of the Comprehensive Plan amendment, City Council approval of the Zone change to RPUD, City Staff comments Exhibit G, City Engineer comments satisfied Exhibit H, and MC -WD approval of storm water. He asked if those are correct. Gettman replied yes that is correct. Page 30 of 38 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday, February 16, 2021 6:00 o'clock p.m. Ressler clarified all criteria that Staff recommends as a contingency. He asked Kirchner if he could clarify that he seconds that. Kirchner said he does. VOTE: Ayes 6, Nays 1 (Ressler). Commissioner Gettman excused himself and left the Planning Commission meeting. OTHER BUSINESS 12. LA21-000015 WILLIAM STODDARD O/B/O MILLER LIVING TRUST, PID 34-118-23- 32-0002 (SE CORNER OF HIGHWAY 12 AND WILLOW DRIVE), SKETCH PLAN (STAFF: JEREMY BARNHART) Bill Stoddard, Applicant, was present. Staff presented a summary packet of information. He noted this is a sketch plan or concept review and is the first step of a residential planned unit development. The proposed project is for 12 residential units in 6 twin -home style buildings; all buildings will face south in the linear configuration as shown on screen. The use and density are consistent with the Comprehensive Plan. The Comp Plan does guide this property for urban medium high density which is the 3-10 units/acre range. The 2030 Comp Plan had this property as higher density with 10-20 units/acre, and the committee suggested reducing the density because it did not seem appropriate to put that much density on a relatively small piece of property with no other density around it. Access to this project is via public road that terminates at the southeast corner of the fire station lot; they are proposing a private road that connects there and feed the new private road that runs along the front of the buildings. This is one issue Staff wanted the Planning Commission to provide feedback on. Barnhart pointed out a parcel called outlot H which is a City owned property and currently houses a community garden. The City Council had expressed concern from encroaching development on that issue previously and extended the license agreement for the community garden. This proposed road will not impact the garden other than that it will be a road nearby, and will require Council authorization for an easement; they are looking for Planning Commission and City Council feedback on that issue as it impacts the development of this site. The alternative to this driveway route is a direct access onto Willow Drive. Staff has concerns from an engineering and planning perspective because a driveway here is relatively close to a bridge over the railroad and Highway 12 and there is some concern from a sight/visibility standpoint. They are trying to keep that intersection away from the bridge as much as they can and that is why Staff supports the configuration as shown. An easement will be necessary through the City property. Typically, when transitioning from a public road to a private driveway or road they look for some sort of cul-de-sac so they can prevent people from driving on the private road; they also look for feedback on that. Putting a cul-de-sac at the eastern terminus of Redinger Drive it will impact more of the City lot there and feedback would be appreciated. Barnhart said this property is 1.7 acres and is not big enough to be considered its own RPUD, so the City Council and Planning Commission would have to support waivers from the very beginning for this to be developed as an RPUD because it does not meet the 5 -acre size requirement and none of the adjacent properties are zoned RPUD so this could not be considered an extension of that. The other option is to create a zoning district for this parcel; they could create their own standards for a project of this scope on the property and Staff looks for feedback on that. The benefit of creating a new zoning district is they can create all their own standards, establish the setbacks, establish things from a regulatory standpoint. Barnhart would not recommend tailoring or adjusting the standard of an existing zoning district and rezoning it to the same RRIA, for Page 31 of 38 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday, February 16, 2021 6:00 o'clock p.m. example, as it introduces problems down the road for those existing subdivisions. He does not recommend the third option that he outlined in the memo. He provided some preliminary comment on the RPUD analysis on page 3 of the memo and mentioned the minimum size for the project is not 5 acres. The uses, multi -family residential is permitted only when consistent within areas of the City designated as urban in the Comp Plan. Regarding the project before, that property was originally guided as commercial; this property has not been guided for commercial, nor is it on Highway 12 so some of the other options are not available. The property is anticipated to be sewered but do not expect it to be designed at this stage. The floor ratio has to be above .5 and no higher than land Staff has not done the calculations as they do not have final plans but anticipate it to be less than the ratio of 1. RPUD requirements are 35 feet from the local street, 50 feet from a railroad, 35 feet from the exterior side lot lines, and parking and driving lanes are to be 20 feet from the exterior lot lines. Barnhart said this lot is very long and narrow so meeting those setbacks is somewhat challenging, therefore waivers will be necessary for any type of development of any scale. The property shows 21 feet from these buildings to the north property line and the drive is 10 feet where it is supposed to be 20 feet. The RPUD zoning district requires 10% private recreational area and none is shown on this project and that will factor in to how this project lays out and Staff will look for feedback on that. A private road is proposed along the front of the buildings and will serve each unit; the road shows a termination into a cul-de-sac, which is really just a widened area of the road and not wide enough to be considered a cul-de-sac. The Planning Commission should provide feedback on the cul-de-sac size and right-of-way width. The end of each of these is driveway and there is really no opportunity for Amazon trucks or other utilities to turn around within that private driveway. The Applicant has requested feedback on the expectation for storm water management; the preliminary plan shows 3 ponds on the property that are intended to provide for storm water management. Barnhart said the site drains to the east and to the south so it seems like a potential for a regional storm water pond on the City property. Staff's expectation of storm water management is that it would occur all on-site, but look for feedback as requested by the Applicant. The developer has provided elevation of potential buildings which suggests two-story buildings with residential -style pitched roofs. The Planning Commission is asked to provide feedback regarding expected design styles. Barnhart said this is kind of an early stage of an RPUD project and normally they will review a project 2- 3 times before something really sticks in terms of a proposal so they really understand the Planning Commission and City Council's goals for that property. This is the first application Barnhart is aware of for this property since 2012 which was a high-density subsidized project which the Council did not support. Barnhart is anxious to hear the Planning Commission's feedback on the zoning, the access, the storm water management, the use of the property, and the design standards. The Planning Commission can either provide the Applicant the feedback and invite him to move forward to the City Council, or ask him to address those comments in a new plan that the Planning Commission would review at a sketch plan level. MCCutcheon asked the current zoning. Barnhart replied RR1B which is the 2 -acre zone. MCCutcheon asked what it is guided for. Barnhart noted urban medium density, which is 3-10 units/acre. A change to the zoning must occur to be consistent with the Comprehensive Plan. MCCutcheon asked for the history on the high density and what the complaint was. When he looks at it, it is right against the highway, why wouldn't they consider a high-density apartment building in this spot. Page 32 of 38 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday, February 16, 2021 6:00 o'clock p.m. Barnhart does not think this site is big enough to support a higher density than that. To do an apartment building it would likely require use of the City outlot A, and whether it was intentional or not, the City Council did not want to include development of the City lot for that. He said it is still guided for that, but not guided for high density. McCutcheon does not know if the community garden has a high utility but if it does, he can see the City Council's reluctance to put high density there. Bill Stoddard, 440 3`d Street, Excelsior, approached the podium. He appreciates the Planning Commission's time in giving feedback on this application and noted it is a very unique site; he is a smaller developer than some of the other parties seen today and he has done things such as a 172 -unit apartment building, assisted living facilities, and in downtown Excelsior the 10 -brick row -houses, and the 18 twin villas. He has heard some historic comments and has lived in Orono for 20 years and is still in the same zip code in Excelsior, he was on the Planning Commission for 7 years in the 1990's. Barnhart told him he could remind the Planning Commission of the times in the past, but not keep them here until, 1:00 a.m. like they did with Spring Hill. He noted this is a very funky site and he has it under purchase agreement, he has talked to a number of builders, some said no way, it's right on the highway, guided for residential. He said Barnhart laid out some of the comments and feedback and Mr. Stoddard noted it is right on the highway and looks at boat storage. To make the site even have a chance of working, they first proposed having the access right off of Willow Drive, and that was massaged and changed with City Staff. That doubles the length of road they have to put in, and still may probably be a deal breaker for the Planning Commission. Another comment is having a cul-de-sac and two 90 -foot cul-de-sacs at each end of the property line, which are designed so fire trucks can turn around. He said this is right on the fire station property and they have worked with fire departments in the past to see where they can place fire hydrants; this project cannot support three 90 -foot cul-de-sacs. Mr. Stoddard was told when the fire station went in there, their storm water was designed for the size of their building. However, he would ask the City to allow them to engage that ownership to see if they can enlarge that storm water and pipe some of it to that site. That would leave some drier land for him to have some recreational land. He requested some green light/red light about talking to neighboring properties about increasing that. Bollis looks at this and prefers the access to be off of Willow Drive; he recognizes it is close to the overpass but he would be favorable of a variance for a side yard setback for that road so it could be closer to the fire station and farther from the overpass. That way they don't have to use the really nice vacant City lot for access of this private development. In fact, that vacant lot looks like it might be a good place for a municipal building instead of across the highway on Old Crystal Bay Road. He believes the access should be within its own site and they have less storm water to worry about. The cul-de-sac issue, the City has required cul-de-sacs for two private homes on 10 acres, so it is hard to say they would not require a full cul-de-sac for this. Regarding storm water, Bollis feels it should be on site, especially if the road can be on site. He feels like extending fire station road through kind of ruins this lot where the community garden is for any potential future use the City may need it for. Ressler asked Barnhart if they have any feedback from the City Council as far as what the eventual use of that City lot will be. Barnhart said it is the Community Garden and he thinks if they asked the City Council today, they would say the future use of that property is a Community Garden; he does not think there are plans or support to change that. Page 33 of 38 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday, February 16, 2021 6:00 o'clock p.m. Ressler asked if this creates an opportunity to provide a roadway that makes it a little more accessible where there might be some street parking for people who actually go visit the Community Garden ... he said it is an open-ended question. Is there a place they could have a water feature that could give some relief to storm water. He was born and raised in Orono and he doesn't know what he has even visited the Community Garden, but if there is street parking maybe it makes it a bit more approachable. He sure likes this location a lot better than the last application they were trying to circumvent. Ressler agrees with Bollis, he is not entirely against going directly on to Willow Drive, because of the number of units and he knows any road gets busy during certain times of the day but Willow Drive certainly has a lot less traffic than the other side. Kirchner said specific to the zoning, he thinks they get into the weeds a bit to create their own individual zoning district for this specific parcel. He thinks it would be easier to find a plan they agree with and then grant the waivers for that plan as proposed rather than trying to create specifics for one parcel and zone it differently. Barnhart appreciates that comment, and said they have to give some guidance; when the project does not fit any zoning district, what guidance can they give. He said they should find something they like and create an ordinance for it. That opens them up to big problems down the road so he wants to give them some guidance on what they are working towards. Kirchner said that is understandable. As far as access, he agrees that there is a bit of a burden to extend fire station drive to the Applicant across the City parcel. He agrees that Willow Drive is perhaps suitable, although traffic engineering and study counts would need to be done. He has a bit of concern for the twin -home use and asked if the driveways are 10 feet instead of 20 feet. Barnhart clarified it is the setbacks. Kirchner said in looking at the drawing he has some concern for turn around with the service vehicles, he would imagine snow gets pushed to those two end cul-de-sacs which could cause issues for larger vehicles to turn around in the winter months. Barnhart stated if the Planning Commission supports access off of Willow Drive, this one cul-de-sac goes away so now they would just have one at the far side. Ressler asked the Planning Commission how they feel about the zoning. Do they feel the massing is the right density? He has heard comment about considering a higher density that creates some opposition and was addressed by Staff. He asked if anyone has a problem with the density here assuming they can meet all the standards for parking requirements. McCutcheon noted it is guided for urban medium and asked what that is defined as. Barnhart replied it is 3-10 units/acre. McCutcheon asked what this is proposed. Barnhart replied 7 units/acre. His question on zoning is more related to the mechanism to provide guidance for setbacks, design standards, and things like that. He asked if the Planning Commission is Page 34 of 38 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday, February 16, 2021 6:00 o'clock p.m. open to the number of waivers identified through the RPUD analysis included in his Staff memo or would they prefer to pursue creation of its own zoning district. He believes Kirchner suggested the RPUD is probably the way to go rather than creating its own zoning district. Kirchner clarified that was his feedback — he believes the RPUD is better than the Planning Commission trying to carve out their own zoning district for one specific parcel in the City. Bollis agrees with RPUD, as well. He said Barnhart is comfortable with this even though it is not allowed to be an RPUD because of acreage, is there a mechanism where the Planning Commission can make it an RPUD. Barnhart replied yes. Ressler asked if there is any opposition to the RPUD. He is hearing none. He asked to talk about access. Barnhart has heard pretty consistently that they are open to an access directly off Willow Drive. Ressler does not have a problem with that and asked the Planning Commission if anyone has a problem. Erickson does. He has walked that from his office to chamber meetings at the fire station and when you are that close to the bridge, there are sightline issues. He can understand why that was problematic previously and thinks it is much safer to do the way it is shown. Similarly, to backtrack on density, he does not have any problem with it as shown here; however, he does have some concerns about all three of the cul-de-sacs that are substandard. He would be more comfortable if at least the middle one was closer to a standard size. He does not know how it will work out with storm water, either. Adding a cul-de-sac and digging for storm water may result in losing a unit. McCutcheon said as far as setbacks, his guidance would be to reduce hardcover as much as possible. He does not know if there is an opportunity to move the street closer than they normally would to a property line, especially since there is a fire parking lot right there. Anything they can do to achieve space and save hardcover. As it is drawn on screen besides the cul-de-sac, he asked what the setback is from where the road is. He clarified his question is how far is the road from the property line. Barnhart said it is about 10 feet. He has heard pretty consistent feedback with the exception of Erickson on the access location. He noted these five questions guide further refinement of the plan. If the Planning Commission can agree that access off Willow is preferred, great. He has heard from most of them that storm water should be managed on site. Ressler noted there is one Commissioner opposed to access via Willow and asked if anyone else feels that way. None of the other Commissioners felt that way. Ressler said regarding the storm water situation, he does not feel qualified to answer that. Bollis' opinion on storm water would be if they are accessing through the site on Willow Drive, it should all be within the site. If they demand that they access through a City lot and there is a lot of hardcover on Page 35 of 38 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday, February 16, 2021 6:00 o'clock p.m. that road, they may be able to use storm water on that City lot, as well. He said that is one more reason tc have access on Willow. Libby said in looking at the available area at the Willow Drive access, if that is properly radiused with an apron in either direction, he thinks there is more than adequate safety. He just drove by today and did not have any visibility problems during the day. He asked the developer if he has any plans for a Home Owners' Association (HOA) within this development. Mr. Stoddard replied yes, this would be HOA controlled, so storage and lawn care will be regulated by the HOA. Libby's main reason for asking is to find out how snow removal would be handled, not only on the thoroughfare to access the radiuses to turn into the garages, but if this other proposal for an access road. How would that be maintained with snow removal? Mr. Stoddard said they will have to prove that they can store the snow there or will have to prove them have a storm management plan to remove the snow in the events of large snowfall. He said they have been successful at doing that in their projects. The feedback received to extend across Willow Drive is wonderful, which gets them down to one cul-de-sac that meets those conditions. Libby thinks the access to Willow Drive would be the most practical from a management standpoint, whether it is an association with owners paying for snow plowing as part of their HOA dues. It sounds like Mr. Stoddard has plenty of track record at managing snow removal. He would be in favor of the Willow Drive access. Ressler said regarding storm water it sounds like it could be managed on site, especially if it is proposed to access on Willow. He moved on to use and said the Planning Commission has already covered it and thinks it is reasonable for the twin homes, especially as they have talked about finding ways to increase some density in different parts of the City. He is completely in support of that. He asked if anyone is opposed. No Commissioners were opposed. Ressler moved on to design standards and noted they are on a preliminary sketch so they have not gotten into a whole lot of detail. He does not think anyone is offended by how the design would be. Libby asked the developer if he has considered a development of detached townhomes rather than the twin home design and is it because of the economics of building two houses at one time. Mr. Stoddard noted their first go was detached HOA town homes and they could not get the density to make it work. He said it is very preliminary on the twin homes designs. He added regarding storm water that the Planning Commission would like to keep it on site, noting they have not done all the calculations and knowing how much that is going to be. He would like to ask the Planning Commission and Barnhart to keep an open mind as he has had discussions with the water shed district and they are absolutely fine if they brought it off site, for example, to the fire station. It is the ownership of that who would have to permit and it is all about the quantity of the storm event. He asked the Planning Commission to keep that crack open in case 1/3 of this needs to be for storm water if that is what the calculations show. Page 36 of 38 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday, February 16, 2021 6:00 o'clock p.m. Ressler noted this early on, he does not see anyone opposed to the design standards. He asked for feedback again regarding Willow Drive as the access point. McCutcheon had to make a compromise because he wants to reduce the hardcover and having huge cul- de-sacs everywhere; as long the City Engineers or whoever approves it says it is safe to turn on Willow, he is fine with it. Whatever the utility garden space will be 10 years from now, not having a road there is nice as it opens up options. Ressler has not walked the property but wonders if there is the possibility of future access to Holbrook Park there. McCutcheon wonders if the Parks Board should chime in on access to that lot as that is great feedback. Mr. Stoddard said the interesting thing is the little bit of property above the subject site and above the park is owned by MnDOT. He has a request in to purchase that and they like the request but it will take about 18 months to get back with a decision. It was extra, leftover land and the thoughts were to connect the site to the park through there. He noted they could always do one on the south, as well, and will propose it in one or the other of the areas. Libby asked if they would create a rain garden or what the methodology with the storm water will be. Mr. Stoddard said the storm water will take a significant area and that is why he is asking for openness to see if they can get access to do more on the south. They had three storm water/rain gardens on the site plan already and would like some kind of central feature and having a water feature around that. He noted in Village Lane there is a road with a T and all driveways and sidewalks are paver bricks, and there is a 50 -foot roundabout in the middle that is authentic cobblestones. They were thinking about some kind of feature similar on this project, as well. He thanked the Planning Commission for their feedback. Ressler thinks Mr. Stoddard's request for the Planning Commission to keep an open -mind on the storm water has been heard and he does not think anyone has a strong opinion one way or the other. Bollis said if they are talking about using a City lot for a portion of the storm water, they should be thoughtful of the future development of the City lot for City purposes and what sort of storm water management they would need for that lot. That is why he would be hopeful that it could all stay on site, either by reducing hardcover or density. Barnhart noted they are just looking for very high-level comments. Every time there is a sketch plan, the Planning Commission provides their wishes and goals. The Applicant chooses whether to apply those to a new plan or not. Barnhart's final question is does the Planning Commission prefer to see the resulting sketch plan based on the comments given regarding access, storm water, use, before moving it forward. Ressler said the majority is open-minded to looking at what it would be as proposed from Willow Drive and they probably do not want to move forward yet as it is pretty preliminary, but to see a proposed plan that shows access from Willow, and a storm water plan. Barnhart said the Planning Commission can comment on it and move it forward and the City Council will see the sketch plan based on their feedback. Or they can suggest the Applicant apply the Planning Commission's comments as another review for the sketch plan. Page 37 of 38 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday, February 16, 2021 6:00 o'clock p.m. Personally, Bollis is fine moving this to Council as a sketch plan with the feedback. Ressler is not opposed to that. Erickson would be comfortable moving it on to the City Council. 13. UPDATE ON FEBRUARY 8, 2021 CITY COUNCIL MEETING Barnhart shared applications the Planning Commission reviewed in January were all reviewed by the City Council on February 8. The preliminary plat at 1700 Shoreline (recommended approval 6-1), the Council directed Staff to draft a resolution of approval with a vote of 4-0. Roof coverage variance at 3145 North Shore Drive (PC recommended approval) and the City Council approved that on consent 4-0. CUP for plumbing at 3425 Thoroughbred was approved. The variance for Average Lakeshore Setback at 2967 Casco was recommended to deny by Staff, Planning Commission recommended approval, and the City Council approved it 4-0. Text amendment related to appeals was approved and the text amendment related to the dry buildable definition was approved by the City Council. Ressler asked if the City Council approved the proposed plat for the Jacobs Estate. Barnhart said the City Council directed Staff to draft a resolution for approval and they have not technically approved it yet. The main issue the City Council had was the turn lane requirement and requested some additional feedback from the County in terms of what is required and he received that earlier today. He thinks that question has been answered and there will not be any impact to the neighbor's property. Bollis asked if the County requires a turn lane. Barnhart replied yes for westbound traffic. ADJOURNMENT Kirchner moved, Erickson seconded, to adjourn the Planning Commission Meeting. VOTE: Ayes 6, Nays 0. The Orono Planning Commission meeting adjourned at 10:02 p.m. ATTEST: Page 38 of 38