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HomeMy WebLinkAbout05-17-2021 Planning Commission Packet ( O/V3\\ Agenda Planning Commission Meeting May 17,2021, 6:00 P.M. GOrono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356 kfSH04� 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: Aaron Printup Pledge of Allegiance Approval of Agenda Approval of Minutes: April 19, 2021 Approval of PC Workshop minutes: April 19, 2021 Public Hearings: 1. LA21-000030 Tom Bergstrom, 1509 Long Lake Blvd, Variances (Staff: Melanie Curtis) 2. LA21-000031 BCD Homes o/b/o Steve& Sara Zawoyski, 724 Tonkawa Rd, Variance(Staff: Melanie Curtis) 3. LA21-000032 Al Azad, 165 Bederwood Dr, Variances (Staff: Melanie Curtis) 4. LA20-000033 Dupont Construction o/b/o Carolyn & Mason Hardy, 1579 Maple Place, Variances (Staff: Melanie Curtis) 5. LA21-000035 Darrin Rosha o/b/o Orono Station West, 2160 W.Wayzata Blvd, Variance (Staff: Jeremy Barnhart) 6. LA21-000028 Text Amendment related to sign regulations (Staff: Jeremy Barnhart) Other Business: 7. LA21-000034 Charles Schatz o/b/o Brook Investment Group, LLC, 3423 Shoreline Dr, Sketch (Staff: Jeremy Barnhart) 8. Update on May 10, 2021 City Council meeting Adjourn Planning Commission Liaison to Monday, June 14, 2021 City Council meeting: Chris Bollis Sign up for email notifications at www.ci.orono.mn.us—follow links for Stay Connected & Email Notification MINUTES OF THE ORONO PLANNING COMMISSION Monday,April 19,2021 6:00 o'clock p.m. ROLL CALL The Orono Planning Commission met on the above-mentioned date with the following members present: Chair Scott Kirchner,Commissioners Bob Erickson,Matt Gettman,Dennis Libby,Mark McCutcheon, and Jon Ressler.Representing Staff was Community Development Director Jeremy Barnhart. Chair Kirchner called the meeting to order at 6:00 p.m.,followed by the Pledge of Allegiance. APPROVAL OF AGENDA Libby moved,Gettman seconded, to approve the Agenda.VOTE: Ayes 6,Nays 0. OATH OF OFFICE Barnhart led Commissioners Erickson,Libby, and Ressler in the Oath of Office. APPROVAL OF PLANNING COMMISSION MEETING MINUTES OF MARCH 15,2021 Gettman moved,Ressler seconded,to approve the minutes of the Orono Planning Commission meeting of March 15,2021 as submitted.VOTE: Ayes 6,Nays 0. PUBLIC HEARINGS 1. LA21-000023 MARK PRUETER,3215 CRYSTAL BAY ROAD,VARIANCES Mark Prueter,applicant,was present. Staff presented a summary packet of information. The property owner is requesting variances in order to build a new detached garage in generally the same location as an existing,aging garage. Hardcover and side yard setback variances are requested.The new garage will be 82 square feet larger than the existing to improve functionality but the project will result in 49 square feet less hardcover. The applicant identified the size of the property as a practical difficulty supporting the requested variances, as well as the property's orientation and access with respect to the lakeshore,Crystal Bay Road,and the Dakota Trail.The current hardcover level is 37.7%;a 49 square foot reduction in hardcover results in a 37.3% hardcover.The garage conforms to the west and rear setbacks. The applicant has received support from the property owners to the east where a 4.5 foot setback is proposed.An elevation difference from the rear requires a stairway replacement and moving the stair from the east to the west side of the garage. The applicant is able to reduce hardcover for the pathway in addition to removal of the walls that encroach on the Dakota Rail Trail property. Supporting documents have also been received from the neighbor to the west. Staff finds there are practical difficulties inherent to the lot's shape,size, and width and the configuration of the existing garage and access over the easement in the rear which support the applicant's request for variances. The applicant approached the podium, introducing himself. Chair Kirchner opened the public hearing at 6:06 p.m. Chair Kirchner closed the public hearing at 6:06 p.m. Page 1 of 10 MINUTES OF THE ORONO PLANNING COMMISSION Monday,April 19,2021 6:00 o'clock p.m. Kirchner said although this is larger it is reducing hardcover and in all is a betterment to the situation. He heard Barnhart say by removing the walls it would remove an encroachment. Barnhart noted a retaining wall that encroaches in to the Dakota Rail property that will be removed with this proposal. Ressler moved,Libby seconded,to approve LA21-000023,3215 Crystal Bay Road,Variances. VOTE: Ayes 6,Nays 0. Barnhart noted this item will be reviewed by the City Council on May 10,2021. 2. LA21-000024 LORRAINE GOODWALD,706 NORTH ARM DRIVE,VARIANCES Lorraine Goodwald,applicant,was present. Barnhart noted they are getting some audio feedback so the mics had to be turned down. He asked everyone to please speak into their microphones and speak up a bit. Staff presented a summary packet of information. The property owner is requesting side yard,lake yard, and average lakeshore(ASL)setback variances as well as a hardcover variance for the reconstruction and expansion of an existing irregularly shaped deck. The applicant proposes that the shape of the deck makes it a practical difficulty in using the deck for family and normal deck accoutrements(tables,grills, etcetera),and that the location of the house,proximity to the lake,and the substandard area of the lot all contribute to practical difficulties. Virtually half the house is lakeward of the lake and ASL lines; Staff understands these variances but are somewhat challenged by the hardcover variance. Staff can support the setback variances but cannot support the hardcover variance. Barnhart noted there is virtually no spot to put a deck on this property without a variance.The hardcover increases from 33%to a 34.2%which does not sound like a huge number,but they try to hold firm to the standard 25%in Orono. Staff recommends denial;however the concern is with the hardcover. Barnhart noted this is an older survey and they have removed quite a bit of improvements, some hardcover and a garage. Barnhart stated Staff's recommendation is denial but really they are concerned with the hardcover which would likely require some modification to the deck. However, any deck,especially if it lines up with the side of the house, would likely require a side yard setback in addition to the lake and ALS. Lorraine Goodwald,706 North Arm Drive,applicant,said the reasons she is asking for this variance is because when they open up the door the deck is only 3 feet wide.. McCutcheon asked on the drawings,what is there for hardcover. Ms. Goodwald said right now underneath the deck are some brick pavers,she noted they bought the home as a foreclosure in 2011, so everything that was there when they purchased it still exists. She said it is the original survey from 2003 when the house was built and there really has not been any change. The existing garage to be removed is gone. Page 2 of 10 MINUTES OF THE ORONO PLANNING COMMISSION Monday,April 19,2021 6:00 o'clock p.m. Gettman assumes the sidewalk is gone, also. Ms. Goodwald clarified the sidewalk is there from the driveway to the front door.There is another sidewalk that was removed. She would be flexible to do something different and just wants to have a safe space to be able to bring her family, friends,and her mother out on the deck. There is a grade from the outside so Ms. Goodwald cannot go out and pull her mother(in a wheelchair)levelly as they are on a hill. Libby asked where the entry is from the house. Ms. Goodwald said there is a door from her kitchen that opens up and it is a very narrow,perhaps 4 foot and then it narrows around. Gettman noted the feedback received has been on size and the applicant would be increasing the size of the deck itself. He asked if there is any ability to make it narrower and not the full length or width of the house to accommodate the extending out and squaring off. Ms. Goodwald clarified if she were to do the 8 foot and not the clear end of the house,there is a set of windows there and it might cut into that section but she would be happy to look at that. Gettman noted they had just redone the sidewalk area with a covering or awning. Ms. Goodwald noted the wood arbor was falling apart as the previous owners used interior wood on the outside and the glue was coming apart, so they had it replaced. Chair Kirchner opened the public hearing at 6:20 p.m. Chair Kirchner closed the public hearing at 6:20 p.m. Kirchner said there are applications for 4 variances on this application. McCutcheon understands the applicant's concern as they have a lake view as the front of the house is all windows and Ms. Goodwald does not want to put a deck railing in front of a window.He imagines it will be difficult to make the deck return into the middle of the house but if there is an opportunity to reduce the footprint of the deck but still have the depth needed to access it,that is a good solution or compromise. Gettman asked to look at Exhibit H and said by narrowing it, it will actually free up more window but then the issue is they are making a really small deck. There is no easy solution as they are trying to protect the lakeside view. Ms. Goodwald asked to show a picture from the opposite side of the deck and said from the furthest point she wanted to have a rectangle. She asked if she removes the hardcover underneath the deck, could that be a solution? Kirchner stated they have to base it on the application in front of the Commissioners. He said the concern is with the hardcover and whether the Commission approves or denies,it still goes to the Council for their review. His understanding is that Ms. Goodwald can change the application,as far as the layout,between Page 3 of 10 MINUTES OF THE ORONO PLANNING COMMISSION Monday,April 19,2021 6:00 o'clock p.m. this meeting and the Council meeting; she could make changes to the hardcover in the plan and bring it to the Council. McCutcheon knows the driveway is narrow but there have been applicants that narrow their driveways to accomplish things and meet the hardcover. It is an option although the applicant probably does not want to do it.He reiterated it is the hardcover so perhaps a compromise on the deck design,as they must win Council over.He thinks showing that she is improving the situation from the original ask says a lot. Libby thinks the Commission's stance on hardcover has been very consistent and a redesign and re- concept coming closer to the standards would be advisable. Ressler moved,Libby seconded,to deny LA21-000024,706 North Arm Drive,Variances as applied. VOTE: Ayes 6,Nays 0. Barnhart noted this item will be reviewed by the City Council on May 10,2021. 3. LA21-000026 JALIN DESIGN,LLC, 1395 ORONO LANE,VARIANCES Jalin Design,on behalf of the applicant,was present. Barnhart noted he is getting text messages about the audio noise but cannot really do much;he can hear it himself and it is frustrating. On behalf of the property owner,the applicant is requesting approval of variances for two separate,non- conforming accessory buildings in order to reconstruct them with minor changes.The first project is the carriage house near the street and the other is a proposed boathouse near the lake.The boathouse is requesting side yard, lake,and ALS variances in order to expand the volume envelope of the existing building to meet flood plain regulations.Essentially they are taking the same footprint and structure size and moving it back into the property and away from the side yard setback to address a flood plain issue. It still needs a variance because it is occupying spaces not originally occupied by the structure.The corners of the new building's flat roof will expand outward from the sloped portions of the existing roof The boathouse will be slightly higher at the edge of the building where the flat roof corners expand upward and the overall height of the boathouse will be reduced about 3 feet from the peak of the existing boathouse.The carriage house near the street is currently setback from the side property line 1 foot so it is non-conforming structure and is considered a guesthouse and has received a CUP for a guesthouse. The applicant is proposing to raise the roof inside the first floor to allow more current garage ceiling dimensions.To accomplish this,the applicant is proposing a minor roof and side wall change resulting in the new envelope expansion slightly above the existing roof on the street side and beyond the pitch of the roof on the lake side requiring the rear and side yard variances. The carriage house is proposed to be reconstructed on the same footprint,which is one foot from the side lot line and the roof within the rear and side yard is approximately 1.6 feet taller than the existing roof with an overall peak height reduction of 1 foot 5.5 inches. In other words,portions of it are getting taller but portions of it are getting shorter. The applicant has identified the location of existing buildings,their setbacks and sizes, and the internal dimensions of the structures 100-year flood plain low-floor requirements,as well as the need to increase the garage door and ceiling height as practical difficulties supporting the variances. Staff recommends approval citing those practical difficulties. Page 4 of 10 MINUTES OF THE ORONO PLANNING COMMISSION Monday,April 19,2021 6:00 o'clock p.m. Jeff Lindgren,Jalin Design, 651 408th Trail,Brooklyn Park, stated they have provided a fairly comprehensive report of what they are trying to accomplish.They are working to find a new plan for the site that is good for the home owners,the City,and the neighbors. This is part of a bigger journey as they are doing a lot of improvements to the site. These two buildings need to be done first and in talking to the City over time this is the way it has been decided to move forward. Kirchner appreciates the drawings submitted as it makes it very clear to understand the changes being proposed. Libby asked regarding the boathouse,it is a physically larger footprint than the previous. Mr.Lindgren noted it is the same footprint as what is there now,with respect to a couple of architectural details they are adding which are considered wing walls on the bottom left corner and the mid-right upper corner.Those are outside of the envelope and are not for living space but are architectural elements on the outside of the boathouse.In some sense they are reducing the footprint;he noted overhangs on the structure are being reduced by changing to a flat roof structure. Libby asked if they are increasing the volume of the square footage. Mr. Lindgren replied they are increasing the volume,but not the footprint.The volume is per the code; the current structure has a low heel height above the wall and nowadays cannot be obtained with the energy code. What they are trying to do is lower the high point and raise up the low point in the situation to get more energy efficiencies above the wall line around the perimeter. That is where they are changing the volume. Chair Kirchner opened the public hearing at 6:43 p.m. Chair Kirchner closed the public hearing at 6:43 p.m. McCutcheon does not have a problem with this entire plan. Kirchner asked if he is okay with the carriage house. McCutcheon replied yes, even though it is a foot from the property line—that is what it was before. Kirchner tends to agree,it is really a replica of the footprint that was there before and he thinks they are improving by shifting the boathouse back 9 feet and over. Barnhart clarified Staff recommends approval subject to the two conditions in the memo. The boathouse should not have any hardcover landing because of the hardcover concerns,and the property owner shall sign the standard plumbing covenant regarding plumbing within the boathouse. There is already a CUP for the carriage house. Gettman moved,McCutcheon seconded,to approve LA21-000026, 1395 Orono Lane,Variances with the conditions listed in the Staff memo.VOTE: Ayes 5,Nays 1 (Libby). 4. LA20-000047 TEXT AMENDMENT RELATED TO BOAT STORAGE Page 5 of 10 MINUTES OF THE ORONO PLANNING COMMISSION Monday,April 19,2021 6:00 o'clock p.m. Barnhart said this item carries over from the March meeting and the work session from earlier today. The Planning Commission provided some feedback in terms of changes to the ordinances as it relates to boat storage.The City code has certain rules and regulations for boat storage and they have worked to address a code enforcement issue identified by the City Attorney. Staff has drafted an ordinance amendment to define what boats are for the purposes of this regulation-basically excluding canoes,kayaks, paddleboards,or pedal boats—and Staff recommends that all boats stored on properties have to be currently licensed and not missing key components of being a boat. These include a motor,propeller, battery,or the interior used for storage such that a person could not operate the vehicle. He noted they borrow from the junk car regulation in that they are not asking people to turn the motor on a boat to make sure it runs, and not all boats have motors. However,it would be to demonstrate that the boat is operable as a boat versus a storage facility. Staff recommends approval as drafted with the exception of"fish house." He would like to remove fish houses from this ordinance and they will address that later if needed. Chair Kirchner opened the public hearing at 6:49 p.m. Chair Kirchner closed the public hearing at 6:49 p.m. McCutcheon moved,Ressler seconded,to approve LA20-000047 Text Amendment related to boat storage.VOTE: Ayes 6,Nays 0. 5. LA21-000027 TEXT AMENDMENT RELATED TO PLUMBING IN ACCESSORY BUILDINGS Barnhart said this ordinance is intended to address an issue that seemed to require residents to go through an unnecessary level of hoops to get minor improvements to their property, but it also still retains protection from a density issue. City code requires someone adding a bath or shower to an accessory building to get a Conditional Use Permit(CUP)for plumbing. The original concern is they were trying to prevent excess density by adding dwelling units in residential areas,effectively doubling the amount of density in a particular area.In the last 15 months the City has had 8 plumbing CUP's come through, all were approved and all included as a matter of approval a covenant that the applicant will not use the structure as a guest house,home occupation,or rent it.From Staffs perspective,they can accommodate those same goals through a conditional permit and not necessarily a conditional use permit(CUP). Staff recommends some changes that remove the requirement that if one is adding a bath or shower to an accessory building,they need to get a CUP. They will still need a CUP when building a guest house, which has been defined a bit differently in correlation with the building code;it requires all of the standards of a dwelling unit identified in the building code such as living, sleeping,eating,cooking, and sanitation requirements.If one meets those requirements they would need a CUP and if they do not they would need to sign a covenant through the office. This ordinance is identical in six residential zoning districts so the actual ordinance amendment will be much lengthier because of duplication. For purposes of conversation,Barnhart wants to show the Commissioners what they may expect to see in the new ordinance.This draft would require the covenant with the standards here and would still prevent guest homes beyond certain requirements. Staff recommends approval of this change that would ease some of the process for property owners looking to add a shower to a pool house,for example. Chair Kirchner opened the public hearing at 6:55 p.m. Chair Kirchner closed the public hearing at 6:55 p.m. Page 6 of 10 MINUTES OF THE ORONO PLANNING COMMISSION Monday,April 19,2021 6:00 o'clock p.m. Kirchner noted they have seen these applications quite a bit and as Barnhart stated they have all been approved in the last 15 months.This would also help homeowners get projects done in a more timely manner rather than waiting for Planning Commission and Council approval. Ressler moved,Erickson seconded,to approve LA21-000027 Text Amendment related to plumbing in accessory buildings as proposed by Staff.VOTE: Ayes 6,Nays 0. 6. LA21-000025 DUNKLEY—VOGSTROM,2709 WALTERS PORT ROAD,SKETCH PLAN Sue Dunkley and Eric Vogstrom,applicants,were present. Barnhart said the applicant is requesting sketch plan feedback on a proposal to re-plat the property including adjusting the boundary lines for all three lots(2709 Walters Port Road,2710 Pence,and outlot A). When this property was platted a couple years ago there were some conditions on the final plat resolution that prohibited access from lot 1 to Pence.At the time, Staff and Council wanted to prevent access from Lot 1 to Pence for the main reason that Pence Lane was not constructed to a private road standard—right now it is a private driveway. In the City code a private driveway can serve up to two properties while a private road can serve 3-6 depending on the width of the pavement or up to 10 units if the pavement is wider.There is also a cul-de-sac or turnaround requirement and construction feedback.At the time there were no plans to improve Pence to a private road so the condition was put into the resolution. What the applicants propose now is to re-plat the property,provide the necessary cul-de-sac for Pence Lane,and make Pence Lane a private road. Barnhart said they are interested in hearing any feedback the Commissioners have on that scenario.One main issue from Staff perspective is whether lot 1 has rights access to this portion of Pence Lane. The applicant has provided material that suggests they do have rights to that and the City Attorney is verifying that and will have an answer before filing for a preliminary final plat. The other issue identified is that Pence Lane is a 30 foot wide outlot and is required to be 50 feet wide from City code,therefore it is likely that some variance would be necessary to improve Pence Lane within the existing right-of-way. The challenge is they cannot acquire additional right-of-way because it is constructed on either side.Barnhart noted a comment letter received from a neighboring property owner which was provided to the Commission. They are objecting to the change for a number of reasons outlined in the letter and would be incorporated into a formal public comment period in terms of the preliminary plat.Because there is likely no public improvements necessary before the final plat, Staff anticipates the preliminary and final plat occurring at the same time. He noted they are not subdividing any property,but removing the condition imposed on the original subdivision and there is a distinction there.They are looking for some feedback for the applicant. Kirchner wants to fully understand the purpose served by re-platting. Barnhart said re-platting is a clean depiction of what the lot is,what the boundary lines are,and a lay person can identify the boundaries of lot 1 and lot 2 versus having to go out in to the field and survey and find those corners.From a future easement standpoint and any legal document needed, instead of paragraphs of dimensions,distances,minutes,and seconds becomes lot 1,block 1,Pence Lane,second addition. It is a very clean,distinct depiction of what they are working with. From a planning perspective it is much easier to communicate with future property owners what the boundaries and legal description are. Page 7 of 10 MINUTES OF THE ORONO PLANNING COMMISSION Monday,April 19,2021 6:00 o'clock p.m. Barnhart said the two conditions imposed that approved the final plat were: 1)access to lot 1 will be via Walters Port Lane only,and 2)vehicular access to Pence Lane from Lot 1 is expressly prohibited. Mark Gronberg, Gronberg and Associates,noted they are trying to clean up some things and Dunkley's have always wanted their driveway to come through Pence Lane because Walters Port is somewhat narrow and crowded;it just makes a better situation and they are willing to put in a cul-de-sac.He noted there is 150 foot stretch of Pence Lane that is 30 foot right-of-way as Barnhart mentioned and is about a 16 foot blacktop now.There are some nice trees,neighbors' fences and it could be widened a bit within that 30 foot but for that short of a stretch they do not know if it is really necessary because of the cul-de- sac and they would like feedback on that. They would have to take down some trees but could get 20 feet wide as fire departments like,or even 24 feet would leave 3 feet on each side. Mr.Gronberg noted Walters Port is so narrow right now that it makes more sense to have these two lots have their own private driveways from the cul-de-sac. Kirchner asked if the existing driveway to lot 1 is intended,too. Mr. Gronberg replied yes,the existing driveway would remain and there is still a house to the north of Lot 1 that uses part of that.He pointed out on screen some shared driveways in there and that would still stay. Sue Dunkley,2709 Walters Port Road,said when they bought this property back in 2018 the neighbor who is having the issues was not even there yet. Pence Lane,Kelly Avenue that they are talking about was at one point a public road and in 1985 it was given back to those neighbors because there isn't much traffic on it. Walters Port,which they come in on now,is also a private road and it is grandfathered in. She said they had the fire in October of 2019 and it was pretty clear what really needs to happen in this whole area—they purchased four acres so they could come in the driveway they own and all of that land that has been in question from the neighbors that came later.They come in 600 feet on their land and all of this has been trying to get them not to come in the land that they purchased and pay taxes on. She knows the Commissioners have a letter she has not seen and that is not surprising,but the whole idea is when they bought the land,the purpose was to come in on the land they bought,that gated area. Ms. Dunkley said they have worked really hard trying to make it incredibly safe for everyone and after the fire,they are at the dead end right now,if there is a UPS truck,a moving truck,a fire truck,there was nowhere to turn around and she stated they have solved all of those issues. They would like to be able to have those neighbors—not everyone in the world—be able to go out and around again. When one comes down Walters Port the only surface to do anything with is their driveway so they are really trying to improve this whole neighborhood.Ms.Dunkley said when they purchased the land it had washers and dryers and mattresses and they are trying to make it a beautiful park-like area. They own it and they really want to be able to come in and look at the land they bought;they do not want to be restricted by someone that bought a back lot and thinks that they should not come in on their land. If one wants control and privacy maybe they do not buy a lot that comes in 600 feet on someone else's property. She noted they have finally come up with a plan that makes sense to everybody. What they have done is taken a map that was really a mess due to some new neighbors that moved in and make them jump through all these hoops. She hopes after four years that they really can look at this reasonably and say what is best for the area,the five homeowners on Walters Port and what really works. There is the same amount of traffic in those areas as always and those two driveways will be close to the same width. She hopes to work with the Commissioners and everyone to make it a safe area. Page 8 of 10 MINUTES OF THE ORONO PLANNING COMMISSION Monday,April 19,2021 6:00 o'clock p.m. Mr. Gronberg said with the plan they have fire and police can come in Pence Lane and go out Walters Port and vice-versa. Eric Vogstrom,2710 Pence Lane, wants to be sure the Commission understands the big picture. Coming in on Pence Lane right now is himself and the Randall's;right now that road is 16 feet wide and has three people coming in on it.He said now they are asking for a fourth person. Kirchner opened discussion and noted this is just feedback without a motion. He said the letter before the Commissioners talks about the redundancy of the driveway paralleling the existing driveway. When he first looked at the picture prior to reading the letter that was his concern.He does not know how it works with a private road versus a private driveway and Barnhart could assist on that.Kirchner would prefer to see the existing driveway on the east side.If the second driveway to the west of that was not added and instead,where the 45-degree angle is on lot 2 and it starts to open up wider,he would like to see that secondary driveway branch off right there.He understands there is a covenant that they cannot cross two to one. Barnhart said from a new plat standpoint there are certain things they have say in and certain things they do not. There is a shared driveway agreement for lot 2 and a lot that is not part of the project,so there are certainly constraints within that of who can access or share that driveway. If three lots shared this and it branched off, it would have to be a private road and they do not have the width for that,nor is that what is proposed.There are setbacks and he hears the concern with the redundant or parallel driveways;however if they meet the setbacks there is not much he can do about it. They think they can meet the five foot setback from the driveway perspective but they just need to see it on the drawing. Primarily they are focused on if the Commission is comfortable with Pence Lane terminating in this cul-de-sac,are they comfortable with the likely necessary variance from the right-of-way width from the existing Pence. The Dunkley's brought up the connection between Pence and Walters Port for fire and emergency vehicles which raises another level of comment and concern because they have private road standards including vertical and horizontal curves and things like that for those vehicles which they do not have for private driveways.He would be cautious about promoting that as an emergency access;knowing the history of the site,there are some challenging horizontal curves and elevation changes that might be difficult to address.They would want to look at that before they say it is an access. Mr. Gronberg mentioned the right-of-way pavement issue he would like some comment on; from Staff's perspective the standard is 24 feet and they should keep it at 24 feet to make it a true private road. Again,they are here to listen to the Commissioner's comments. The lots meet the standards in terms of area and width,both have the improvements from a hardcover standpoint so there is no issue there. Primarily,the main question is what the Commissioner's thoughts are on Pence, because if Pence is a private road,they can remove those conditions. Kirchner said there are covenants that do not allow crossing from lot 2 to lot 1,so adding that drive off Pence to lot 1 then connects with Walters Point;he asked isn't that a similar thing? Barnhart thinks that will be less of an issue because now they will have their own access to Pence. Kirchner asked if the traffic on Walters then crosses onto that private drive. Barnhart said that is a fair point but he thinks the issue raised earlier is because there was no driveway and there was a concern that it would be a big loop.Now there is another driveway so that is less of a concern. Page 9 of 10 MINUTES OF THE ORONO PLANNING COMMISSION Monday,April 19,2021 6:00 o'clock p.m. Erickson spoke about pavement width. Kirchner would like to see the neighbors work together to have easements for lot 1 to access the driveway that is on lot 2. McCutcheon would like the neighbors to get together and come up with a solution and it does seem like they have been trying. If they somehow accomplished the horseshoe,would the City still want the cul-de- sac there? Barnhart said no,this is not an easy one,not only how the road is oriented and how to connect,but how do they accommodate hardcover and avoid creating non-conforming situations.He thinks the Commissioner's feedback is helpful and they may see something similar to this because it has to meet the ordinance. Perhaps a PUD is an option but this is not a subdivision,just a plat, and he cannot require them to go through the subdivision process. Kirchner thinks the Commission has given feedback on the item. 7.Update on April 12,2021 City Council meeting Barnhart said the City Council reviewed applications the Commissioners saw in March. 1405 Rest Point Road variances,the applicant made modifications and the Council approved it. The dock permit at 480 Big Island was tabled and the Mayor suggested the property owner's work together to find a solution.The CUP for plumbing at 3500 Bayside was approved on consent, as was the CUP for bees on Bayside. A variance at 4085 Watertown Road was approved,the preliminary plat at 1485 6th Avenue North was approved, and the variance at 15 Stubbs Bay Road was approved. The concept for the apartment building at 2060 Wayzata Boulevard West,the Council did not support additional height above the 30 feet but did seem to support the flat roof configuration. ADJOURNMENT Libby moved,Erickson seconded,to adjourn the Planning Commission Meeting.VOTE: Ayes 6, Nays 0. The Orono Planning Commission meeting adjourned at 7:41 p.m. ATTEST: le"; Scott Kirchner,Chair Page 10 of 10 • Date Application Received: 04/20/2021 Date Application Considered as Complete:04/20/2021 g.Ot 60-Day Review Period Expires: 06/19/2021 To: Chair Kirchner and Planning Commission Members Adam Edwards,City Administrator ` � • lifts HO From: Melanie Curtis, Planner VlIGG Date: 17 May 2021 Subject: #LA21-000030,Tom Bergstrom, 1509 Long Lake Blvd, Variances Public Hearing Application Summary: The applicant is requesting rear yard and 75-foot lake yard setback variances to construct a deck expansion. Staff Recommendation: Planning Department Staff recommends denial as noted. Background In 2018,the applicant received variances to lot area,width, rear setback, 75-foot lake setback, • and side yard setback in order to redevelop this property with a new home and 179 square foot deck.At this time the applicant is requesting rear setback and 75-foot lake setback variances in order to expand the existing deck by 227 square feet(including staircase). The property owner has indicated a willingness to remove an 80 square foot patio within the 75-foot setback to facilitate approval of the requested variances. Practical Difficulties Analysis Applicant Submittal Information:The applicant has identified the substandard size of the lot and the topography as practical difficulties supporting the requested variance(s). Additionally,they have provided supporting documentation regarding Practical Difficulties attached as Exhibit B, and should be asked for additional testimony regarding the application. Planning Staff Practical Difficulty Analysis: Regarding practical difficulty, Staff finds that this lot is unique due to the curve of the shoreline creating a diagonal 75-foot setback across the property.The 75-foot lake setback overlaps the 50 foot rear yard setback nearly eliminating the building envelope on the lot. 4110 FILE#LA21-000030 17 May 2021 Page 2 of 5 • LOT ANALYSIS WORKSHEET Section 78-305—Setbacks: LR-1A District Required Existing Proposed Rear/Street 50' House 17.9' Deck 30' West Side 11.6' 10.3' +50' East Side 11.6' House 18.8' Deck 18.8' Lakeshore 75' Deck±65' New Deck 72' Average Lakeshore The project conforms to the average lakeshore setback requirement. Section 78-305—Lot Area/Width: LR-1A District Lot Area Lot Width Required 87,120 s.f. (2.0 acre) 200' Actual 16,240 s.f. (0.37 acre) 116' @ 75' 130' @ OHWL Section 78-1403—Structural Building Coverage: Total Lot Area Total Structural Coverage 16,240 s.f. (0.37 acre) Allowed: 3,248 s.f. (20%) Existing: 2,074 s.f. (12.7%) • Proposed: 2,074 s.f. (12.7%) Section 78-1680 and 78-1700—Hardcover Calculations: Stormwater Overlay District Total Area in Allowed Existing Proposed Zone Hardcover Hardcover Hardcover Tier Tier 1 16,240s.f 4,060 s.f. 3,519 s.f. 3,746 s.f. (25%) (21.6%) (23%) Applicable Regulations: Rear Yard Setback Variance(Section 78-305) The LR-1A district requires a 50-foot rear setback.The proposed deck is situated approximately 30-feet from the rear lot line. 75-foot Lake Setback and Hardcover Variance (Section 78-1279+78-1680) A 75-foot structural and hardcover setback is required for sewered lots on Long Lake.The proposed 227 square foot deck is shown approximately 72 feet from the OHWL, requiring a variance.The proposed hardcover level for the property is conforming at 23%, however there is existing hardcover within the 75-foot setback in an 80 square foot"dock patio", and portions of the new deck(±16 square feet)will be within the 75-foot setback increasing hardcover in the lake yard. The applicant has indicated the 80 square foot patio could be removed. • FILE#LA21-000030 17 May 2021 1111 Page 3 of 5 Governing Regulation:Variance(Section 78-123) In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health,safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn.Stat. §216C.06, subd. 14,when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located.The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. According to MN §462.357 Subd. 6(2)variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance. The proposed variances are 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 and deck. 2. The variance is consistent with the comprehensive plan. The variances for additional • hardcover development within the lake and rear yards are 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 setback variances are requested to facilitate the creation of more outdoor living space The variance requests to allow expansion of the hardcover 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 2018 to construct a new home on the property Resolution No. 6877 (attached as Exhibit E). However the uniqueness found in the shape, size, slope, 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 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 FILE#LA21-000030 17 May 2021 Page 4 of 5 III defined in Minn. Stat. § 216C.06, subd. 17, when in harmony with Orono City Code Chapter 78.This condition is not applicable. 6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located. This condition is not applicable, as a residential deck is an allowed use in the LR-1A District. 7. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling.This condition is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The lot size and shape, proximity to the lake, and the topography are not particular to this specific property within this immediate neighborhood. 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,as well as the conditions specifically impacting this property: lot size and shape, topography, home proximity to the lake, and the required 50-foot street setback generally apply to the other substandard properties in this immediate LR-1A neighborhood. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The owner indicates that granting the variances are necessary for the preservation of their property right. However, in the opinion of staff,their property right is established by home and existing improvements on this substandard lot. 11. The granting of the proposed variance will not in any way impair health, safety, comfort ill or morals, or in any other respect be contrary to the intent of this chapter. Granting the variances to allow construction of additional deck area 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? 3. Does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested variance(s)? • FILE#LA21-000030 17 May 2021 • Page 5 of 5 4. Are there any other issues or concerns with this application? Planning Staff Recommendation Planning Staff recommends denial of the requested variances to enlarge the deck as the property has reasonable use with the existing improvements. The requested variances are not supported by practical difficulty. List of Exhibits Exhibit A. Application Exhibit B. Practical Difficulties Documentation Form Exhibit C. Proposed Survey/Site Plan +Staff Annotated Plan Exhibit D. Submitted Hardcover Calculations—edited by staff Exhibit E. Proposed Deck Plans Exhibit F. Resolution No. 6877 Exhibit G. Property Owners List Exhibit H. Plat Map • • Exhibit A Land Use Application Summary Application Date: 04/20/2021 Address: 1509 Long Lake Boulevard Orono, MN 55356 Parcel Number: 3511823220003 Land Use Number: LA21-000030 Application Submitted By: Property Owner Owner: Name: THOMAS C BERGSTROM Address: KATHRYN A BERGSTROM 1509 LONG LAKE BLVD LONG LAKE, MN 55356 Applicant: Name: Tom Bergstrom Company: land owner Address: thomas.c.bergstrom@gmail.com Contact Information: Associated Contact: Tom Bergstrom thomas.c.bergstrom@gmail.com Associated Contact: Associated Contact: Associated Contact: Project Description: Deck Expansion 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 II LA21-000030 1. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter. Response: I am wanting to expand my current deck to enjoy my lake views. When building the original deck along with the new construction I didn't have the funds available then to make to the size desired. We also didn't add stairs due to funding, which we would like access from the backyard to the deck. 2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. Response: The sub-standard size of the Property was not the result of actions by the landowner. Feedback has been requested by the City of Orono in a best effort to comply with the set backs. 3. The variance, if granted, will not alter the essential character of the locality. Response: The lot area and width variances will not alter the character of the neighborhood. Neighbor on both sides of the house received similar variances to build both of their properties. 4. Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter. • Response: Economic considerations 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: 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 the use for a single family home is an allowed use in the LR-1A District. 7. The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. Response: 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. Response: The lack of a building envelope with the substandard lot, the curved shoreline and curved right-of-way along the rear property line and the steepness of the lot create a difficulties unique to the property. 9. The conditions do not apply generally to other land or structures in the district in which 0 said land is located. Response: The existing deck cannot be moved. The expansion takes into consideration a best effort to be outside of the 75' lake set back. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Response: Yes, all efforts have been made to comply with the City of Orono's set back restrictions. Every every has been made to be within compliance to the best of our ability including visiting with Orono city staff prior to submission through both face-to-face and email conversations. 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 the requested variances will not adversely impact health, safety, comfort, or morals; nor will it be contrary to the intent of the Code. 12. The granting of such variance will not merely serve as a convenience to the applicant but is necessary to alleviate demonstrable difficulty. Response: The substandard area and width of the Property; steepness of the lot, unique shoreline 0 and the curved road long the rear property line create practical difficulties affecting the Property; the variances are necessary and do not merely serve as a convenience to the owner. • Exhibit C Staff Annotated CERTIFICATE OF SURVEY FOR I 1 THOMAS BERGSTROM IN LOTS 21 & 22, ALBEE'S LONG LAKE ADDITION 1 HENNEPIN COUNTY, MINNESOTA 1 LEGAL DESCRIPTION OF PREMISES : 1 Lot 22, and the East half of Lot 21, ALBEE'S LONG LAKE ADDITION I4`lOR`86-, C�O� • : denotes iron marker found C 14,28 • r / (908.3): denotes existing spot elevation, mean sea level datum /5.4,., 'h, 1 ' ape , --917---: denotes existing contour line, mean sea level datum j + �j. Bearings shown ore based upon an assumed datum. � . "16, w�J This survey intends to show the boundaries of the above described -T property, the location of an existing house, driveway, spot elevations, topography and the lakesides of the two adjoining houses thereon. \ \ It does not purport to show any other improvements or encroachments. *et;i',.!,\. I �'•\ �\ PROPOSED ELEVATIONS : (verify) EXISTING �\, +.,\.I I 8• HOUSE T 1 1\ :,..C`'•.��\ .c:'\/•, 1) Garage =1951.01 91525 , \ I`••i��i` (E '•:i\• '•. 1.5� 2) Top of foundation =1981.31 \sV + I i IV " \ 3) Basement = 1e72.61 • \ � , ( ........ \\ II y\ "� s Proposed Deck �\ `1 \.\s ''ass' ., • \ 1.,\`,\ :41 kP -'\\ \ it PROPOSED 3 :.\ • \ .„, \ -.4 ... , ,... „ • \ • \ I\\ •\\ \\ \ \ � �a I \ ., \ t.__„-1-. n ace b �\ SId\, \\ \\ \1. . "' 1 .�\\AI I'- a \ \\ Ste\ � fVGI\I\ \\ ;N. 1\;EXIT . ...>t.f sr \ \ '\ \ \ \ Hp awt � \ \ s, ,?sQo�% sEi$w0f � 'C \\\q\ ' \ ,, \ \\ `.. GARAGE Property's Only \\ _;\ 1 \\ \ \ '� �7ce, \\\\ \ \ \ \ � L ' -Le al Building \ i \,,,,!....\\\\.\\,, , \c,1 Envelope \I\_\ \\\\\\\\\\\ , EXISTNG \ \ \ \ \\\\\\\\\944.3 #1st FUSE \ \ LONG t"Coca) \\ \\ \\\\ \� I I NOTE: THE LAKESIDE DOES NOT \\ \\\ \ \V\ QUALIFY AS A BLUFF SINCE THE \\ \\\\ \ \ AREA ONLY RISES 22' FROM THE \ \�I\�\ 948 CONTOUR TO THE 970 CONTOUR LAKE \`\,:„...2 \\\ ..\7-\\\\.\\.............,_ \\\ , \\\ \,(`\\\ \\. !`\ \\-„\- \� ,, \IS MM.ED \\ DATE MOON, NOTION/�raeKnx�aevem KM �"O" "" GRONBERG AND i hereby certify that this wan,specification,or rep0rt SCALE tiss-o. .ovroeu Oo _ orad by u de, y drect yorsup.ei n t"ATE a, a^^°°e®°"a'"Y ASSOCIATES INC. "'d 4'' ' t du r:undd Lend Surveyor undo 40 ON lows of the State of Minnesota. DATE CONSULTING ENGINEERS,LAND 3-30-18 SURVEYORS, &SITE PLANNERS 445 NORTH 1aLLOw DRIVE �, S X0 NI. LONG LAKE,MN.55356 18-096 952-473-4141 Mork S.Gronbar9 Mimesoto License/_f umber 12755 18-096 Exhibit D City of Orono • �oNo Hardcover Calculation Worksheet `z Property Address: So 9 L o.c/G LA K F Bc.vp, (B ERCT rRo rvt 0.° Prepared by: Date: GRo,v9C'RG T4 A5J'oc IA7-FJ; /•vc, 7-i9-I? Stormwater Quality Overlay District Tier: (Circle one) Tier 1 Tier 2 Tier 3 Tier 4 Tier 5 Step 1: XISTING HARDCOVE In the following table identify all items of existing hardcover on the property, keyed by letter to Certificate of Survey (survey must accompany this form). Use as many lines as necessary to accurately depict existing hardcover status of the property. For Tier 1 properties, identify any features by letter which are split at the 75' setback line and calculate hardcover square footage separately for each portion. Key to Hardcover Item(Describe) Length x Width Total Survey (Square Feet) (Example) (Garage) (24'x 30') (720 S.F.) A /S/04e.S E 2 02 7 S.F. B QECK / 79 S.F. C X700 f 171-,eS y7 S.F._ Gt,AG.K g3 S.F. E BSA c1r roP 'At 1,/F t2.1.4 y l 01 7 S.F. F Re 74 [✓/14/G lt/A L .$ /S 7 S.F. G Afi('ir IA .17- nvF BogQFA.S 76- S.F. H D9Ck At'T,o RO S.F. I S7--•Pc-AS 7 Q S.F. S.F. S.F. L • L S.F. Nl S.F. N S.F. O S.F. P S.F. o S.F. R S.F. S S.F. T S.F. U S.F. ✓ S.F. W S.F. X S.F. Y S.F. Z S.F. (1) Total Existing Hardcover , 3676 S.F. Excludable Hardcover(See City Code Sec 78-1684): F R E'7.1 i v,,✓c Gesw c c s /5 7 S.F. S.F. S.F. S.F. S.F. (2) Total Excludable Hardcover /5-7 S.F. (3) Net Existing Hardcover [Subtract line(2)from line(1)] 3 51 9 S.F. (4) Total Lot Area /6, 2 yo S.F. Proposed Hardcover Percentage ((3)+(4)] 2 e. 6 7 % (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 City of Orono . �o Hardcover Calculation Worksheet ) Property Address: ‘. .S-01 Lo n� LRKE- ZW&.. c 4kE,Hoo` Prepared by: -Tom "_ cistm Date: )Z\ Stormwater Quality Overlay District Tier: (Circle one) Tier 1 Tier 2 Tier 3 Tier 4 Tier 5 Step 1: EXISTING HARDCOVER In the following table identify all items of existing hardcover on the property, keyed by letter to Certificate of Survey (survey must accompany this form). Use as many lines as necessary to accurately depict existing hardcover status of the property. For Tier 1 properties, identify any features by letter which are split at the 75' setback line and calculate hardcover square footage separately for each portion. Key to Hardcover Item (Describe) Length x Width Total Survey (Square Feet) (Example) (Garage) (24'x 30') (720 S.F.) A t"")c' \/Y3 ZCo 3 S.F. j B S.F. C S.F. D S.F. E S.F. F S.F. G S.F. H S.F. S.F. J S.F. K S.F. L S.F. M S.F. 411111 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 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)] 3( 3 S.F. (4) Total Lot Area ] S.F.6,1`10 Proposed Hardcover Percentage [(3)_(4)] I /C % (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 City of Orono e-oNo� Hardcover Calculation Worksheet • I Property Address: \ 509 Loc Le A'k1 �I e (�'rFSHOp't Prepared by: To nn Q{-3S11(bn Date: 3/\/a\ 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 Certificate of Survey (survey must accompany this form). Include all existing hardcover items that are intended to remain, as well as all proposed hardcover items that will be added. Use as many lines as necessary to accurately depict proposed hardcover status of the property. For Tier 1 properties, identify any features by letter which are split at the 75' setback line and calculate hardcover square footage separately for each portion. Key to Hardcover Item (Describe) Length x Width Total Survey (Square Feet) (Example) Garage (24'x 30') (720 S.F.) A 1f�la. �`(o S.F. e S \ ViDac t64Z ��(;.rc ( /a) 11 S.F. C 6 S.F. d- D �•>/ �neG- S.F. E S.F. F S.F. G S.F. H S.F. S.F. J S.F. K S.F. L S.F. M S.F. • N S.F. O S.F. P S.F. Q S.F. R S.F. S S.F. T S.F. U S.F. ✓ S.F. W S.F. X S.F. Y S.F. Z S.F. (1) Total Proposed Hardcover f . � S.F. P7QFJ 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 Proposed Hardcover [Subtract line(2)from line(1)] °"' ,. _; S.F. (4) Total Lot AreaS.F. J �9 ' Proposed Hardcover Percentage [(3)••(4)] Z''?,Cr' 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 9 of 9 4 4. . . . . • . : . : . �,. . . . . . . . . , , , . , . . , t . . . . _ . - . . , : : ' _ .� —" M.. . . goil ''f • e . a . • . • • . . i . = `1 . !.- ;... € , , . _ . . . . . . . . . . . F . - . . , . .. . . . y" t- 4 _ moi. : . , .4 Exhibit F III 1111111 IIIIII 11111 II • Doc No A10565253 Certified, filed and/or recorded on Jun 20, 2018 12:20 PM Office of the County Recorder Hennepin County, Minnesota Martin McCormick, County Recorder Mark Chapin, County Auditor and Treasurer Deputy 129 Pkg ID 1702269E 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 p NO. 6 0 7 7 4KFSHOQ,E G A RESOLUTION APPROVING A VARIANCE FROM MUNICIPAL ZONING CODE SECTION 78-305 FILE NO. LA18-000043 WHEREAS, on April 18, 2018, Thomas and Kathryn Bergstrom ("Applicants"), applied for a variance from the City Code for the property addressed 1509 Long Lake Boulevard and legally described as: Lot 22, and the'East half of Lot 21, ALBEE' S LONG LAKE ADDITION (hereinafter the"Property"); WHEREAS, the Applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-305 to allow rear yard setback variance for a17.9 foot setback ; and WHEREAS, the Applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-305 to allow a side yard setback variance for a 10.3 setback; and WHEREAS, the Applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-305 to allow lot area variance; and WHEREAS, the Applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-305 to allow lot width variance; and WHEREAS, on May 21, 2018, after published and mailed notice in accordance with Minnesota Statutes and the City Code, the City Council 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 May 21, 2018, the Planning Commission recommended approval of the variance; and WHEREAS, on June 11, 2018, the City Council reviewed the application and the recommendations of the Planning Commission and City staff; and • 1 Lb CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6877 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: 1. This application was reviewed as Zoning File#LA8-000043. 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 LR-1A Zoning District. 3. The Property contains 0.37 acres in area and has a defined lot width of 116 feet. 4. The Property is within Tier 1 and hardcover is limited to 25 % according to the • Stormwater Quality Overlay District. 5. Applicant has applied for the following variance[s]: a. Rear Yard b. Side Yard c. Lot Area d. 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 lot width and lot area variances requested are consistent with the general intent of the Ordinance. The rear and side yard setback variances are in harmony with the purpose of the ordinance. The lot includes challenges with topography and the curved right of way and shoreline eliminating the building envelope 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 construction of a single family residence in a residential zone are consistent with the Comprehensive Plan. •2 • eg:020 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL sF G� NO. 6877 kESHOl."" 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 properly in a reasonable manner, however, the proposed use is not permitted by the official controls. The request to permit construction of the home on the substandard lot,in the proposed location within the rear yard setback seems reasonable as the property is steepness and to protect the 75 foot lakeyard setback. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. • The sub-standard size of the Property was not the result of actions by the landowner. The location of the home with attached garage on the Property,the steepness of the lot,the curve of the shoreline,the narrowness and shallow depth of the buildable area of the property create difficulties for developing the Property c. The variance, if granted, will not alter the essential character of the locality." The lot area and width variances will not alter the character of the neighborhood. It does not appear that the setback variances to permit the new home will adversely impact the adjacent property owners. The neighboring parcel has a home much closer to the road than it proposed. 4. "Economic considerations alone do not constitute practical difficulties." Economic considerations have not been a factor in the variance approval determination. 5. "Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. §216C.06, subd. 2, when in harmony with Orono City Code Chapter 78."This condition is not applicable. 6. "The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located."This condition is not applicable,as the use for a single family home is an allowed use in the LR-1A District • 3 p CITY OF ORONO RESOLUTION OF THE CITY COUNCIL -.4$;111e NO. 6877 kEsH21 L 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 lack of a building envelope with the substandard lot,the curved shoreline and curved right-of-way along the rear property line and the steepness of the lot create a difficulties unique to the property. 9. "The conditions do not apply generally to other land or structures in the district in which the land is located." Due to the steepness of the lot the home should be set closer to the road to create a manageable access. Moving the home further from the road creates a an encroachment in the lakeyard setback and would require much more grading closer to the lake. 10. "The granting of the application is necessary for the preservation and enjoyment of a • substantial property right of the applicant."Staff finds this condition to be 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 the requested variances will not adversely impact health,safety,comfort,or morals; nor will it be contrary to the intent of the Code. 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty." The substandard area and width of the Property;steepness of the lot,unique shoreline and the curved road long the rear property line create practical difficulties affecting the Property; the variances are necessary and do not merely serve as a convenience to the owner. 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 78-305 to allow rear setback, side setback, lot area and lot with, 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 May 2, 2018 and building plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibits A • 4 • p CITY OF ORONO RESOLUTION OF THE CITY COUNCIL s00' NO. 6877 `'lKES H 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. A framing inspection must be completed within one year of the date of Council approval, or the variance will expire on that date (June 11, 2019). 5. Violation of or non-compliance with any of the terms and conditions of this resolution may result in the termination of any authority granted herein. ADOPTED by the Orono City Council on this 1 I-01 day of /V I , 20 . O ATTST: CITY OF ORONO: 1 tagie 1 Anna Carlson, ity Clerk Dennis Walsh, Mayor • 5 CERTIFICATE OF SURVEY FOR THOMAS BERGSTROM 1111 iIN LOTS 21 & 22, ALBEE'S LONG LAKE ADDITION 2 ' HENNEPIN COUNTY, MINNESOTA J _LEGAL DESCRIPTION OF PREMISES : /� 1 Lot 22, and the East half of Lot 21, ALBEE'S I ?VS R` '� • : denotes iron marker found Resol No: I d;1p°146'?e �a' Noes: denotes existing spot elevation, me LA18-000043 Cc 15 42r� yG /� ExftibitA l;:l ir —9t7---� denotes existingcontour line, mea y!vt\t ,e Bearings shown are based upon on assumed datum. •� This survey intends to show the boundaries of the above described i \ property, the location of on existing house, driveway, spot elevations, '�'� topography and the lakesides of the two adjoining houses thereon. +'\ ..�� \` It does not purport to show any other improvements or encroachments. —1 I �1y`\ �� PROPOSED ELEVATIONS (verify) EXISTING tO ; 11 '�'4'';6'd ,/y�,) HOUSE T\' ;er'J!\ \�z, �'n \i 1) Garage =®1. /15 \ \\ : (E `I ''. i \\ � 2) Top of foundation = 1881.31 7-11 •.• a . _ .._�' f� e/ '[ 3) Basement = Raj O \.7.\\ \ I ill +� \\mss\ \ ; r1c 1-\\ \\ _y\,\'..-a ` v tP \1 `'l- OP \ PROPOSED, N b•Q '' 2— I.Nci-,' \,•\ .r.'''''' 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MI Z v, 1 1 IF III N WV - ! ,III JA h, 1 I_ i, Ib PrigI I- !n t,.--.....1 `t Ara lir I• 1 M., •tti 61- ae 1..11k (7 0 ANNA 7X ea \ 41.1 z? i, OO w1, I u N • MI Mitiallill- : CO CV a11111111 i, =b J fP i, /i O • �� ll -.CII H N uW W .• , - N I, N r 0 • i 1 - .\ h W .71._ o IN, y X /;"! 11111ll ifill ., -• - 1 . ri -"li .-s,- 0 • § a 3 Liw1`t6 a I Il ho : t'. 1189 B s / . 1 RUN DATE:04/21/2021 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM(PROPERTY OWNERS LIST) PAGE:1 • 38 26-118-23 33 0001 38 26-118-23 33 0019 38 35-118-23 22 0002 J W GARDNER&A L GARDNER T J HARRISON&J M ALBAUGH LINDA DRISCOLL TAMOSUINAS 1486 LONG LAKE BLVD 880 DAKOTA AVE 1525 LONG LAKE BLVD ORONO MN 55356 ORONO MN 55356 ORONO MN 55356 ANITA L GARDNER T J HARRISON&J M ALBAUGH LINDA DRISCOLL TAMOSUINAS 1486 LONG LAKE BLVD 880 DAKOTA AVE 1525 LONG LAKE BLVD LONG LAKE MN 55356 LONG LAKE MN 55356 LONG LAKE MN 55356 38 26-118-23 33 0002 38 26-118-23 33 0020 38 35-118-23 22 0003 TRYGVE REAGIN BJORGEN JANET M BENWAY TRUST T C BERGSTROM/K A BERGSTROM 1490 LONG LAKE BLVD 884 DAKOTA AVE 1509 LONG LAKE BLVD ORONO MN 55356 ORONO MN 55356 ORONO MN 55356 TRYGVE BJORGEN KEITH J GASNER THOMAS C BERGSTROM 1490 LONG LAKE BLVD JANET M BENWAY KATHRYN A BERGSTROM LONG LAKE MN 55356 884 DAKOTA AVE 1509 LONG LAKE BLVD LONG LAKE MN 55356 LONG LAKE MN 55356 38 26-118-23 33 0004 38 26-118-23 33 0021 38 35-118-23 22 0004 YURIY&MARYNA KOSOVAN BAYRON A CALDERON YUEHCHUAN KUNG 1516 LONG LAKE BLVD 888 DAKOTA AVE 1505 LONG LAKE BLVD ORONO MN 55356 ORONO MN 55356 ORONO MN 55356 YURIY&MARYNA KOSOVAN THE WELLSWOOD GROUP LLC YUEHCHUAN KUNG 1516 LONG LAKE BLVD 1444 BALDUR PARK RD 1505 LONG LAKE BLVD LONG LAKE MN 55356 WAYZATA MN 55391 LONG LAKE MN 55356 38 26-118-23 33 0005 38 26-118-23 33 0022 38 35-118-23 22 0005 MICHAEL A STEWART S R KNUTSON&J A KNUTSON KR&A M VANDENBRANDEN 1520 LONG LAKE BLVD 908 DAKOTA AVE 1465 LONG LAKE BLVD ORONO MN 55356 ORONO MN 55356 ORONO MN 55356 MICHAEL A STEWART SCOTT R&JULIE A KNUTSON KEITH&ANITA VANDENBRANDEN 1520 LONG LAKE BLVD 908 DAKOTA AVE N 1480 LONG LAKE BLVD LONG LAKE MN 55356 LONG LAKE MN 55356 LONG LAKE MN 55356 38 26-118-23 33 0006 38 26-118-23 33 0023 38 35-118-23 22 0006 G J FLAHERTY&T J JORDAN T&K STEINKE J C CERNY JR&I 0 CERNY 1530 LONG LAKE BLVD 910 DAKOTA AVE 1405 SIXTH AVE N ORONO MN 55356 ORONO MN 55356 ORONO MN 55356 • GLEN J FLAHERTY THOMAS A&KARI A STEINKE JOSEPH C CERNY JR 400 EAST LAKE ST 245 14TH AVE N INGER 0 CERNY MINNEAPOLIS MN 55408 HOPKINS MN 55343 1405 SIXTH AVE N LONG LAKE MN 55356 38 26-118-23 33 0007 38 26-118-23 33 0026 RACHEL ANN CARPENTER T J JORDAN&G J FLAHERTY 1540 LONG LAKE BLVD 1590 LONG LAKE BLVD ORONO MN 55356 ORONO MN 55356 RACHEL ANN CARPENTER GLEN FLAHERTY 1540 LONG LAKE BLVD 400 EAST LAKE ST LONG LAKE MN 55356 MINNEAPOLIS MN 55408 38 26-118-23 33 0008 38 26-118-23 33 0027 MICHAEL J FEY/STACHIA L FEY ANITA&KEITH VANDENBRANDEN 1570 LONG LAKE BLVD 1480 LONG LAKE BLVD ORONO MN 55356 ORONO MN 55356 MICHAEL J FEY/STACHIA L FEY ANITA&KEITH VANDENBRANDEN 1570 LONG LAKE BLVD 1480 LONG LAKE BLVD LONG LAKE MN 55356 LONG LAKE MN 55356 38 26-118-23 33 0011 38 26-118-23 33 0029 M D MILLER&M J MILLER STEPHEN L NEWELL TRUST ET AL 1575 LONG LAKE BLVD 1485 SIXTH AVE N ORONO MN 55356 ORONO MN 55356 MICHAEL DAVID MILLER STEPHEN L NEWELL MICHELLE JEANNE MILLER JOHN E NEWELL 1575 LONG LAKE BLVD 1485 SIXTH AVE N LONG LAKE MN 55356 LONG LAKE MN 55356 38 26-118-23 33 0012 38 26-118-23 33 0031 J E BIGHAM&C A BIGHAM NICOLIE WHEELER 1545 LONG LAKE BLVD 1580 LONG LAKE BLVD ORONO MN 55356 ORONO MN 55356 JAMES&CYNTHIA BIGHAM NICOLIE WHEELER 1545 LONG LAKE BLVD 1580 LONG LAKE BLVD LONG LAKE MN 55356 LONG LAKE MN 55356 • 38 26-118-23 33 0014 38 35-118-23 22 0001 RABIH NAHAS/WILLIAM C SHARP KURTIS A GREENLEY&WIFE 1535 LONG LAKE BLVD 1485 LONG LAKE BLVD ORONO MN 55356 ORONO MN 55356 RABIH NAHAS KURTIS A GREENLEY WILLIAM CLAYTON SHARP 1485 LONG LAKE BLVD 1535 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. • • Hennepin County Locate & Notify Map • Date: 4/21/2021 OR, s5o 7 ' zt. to 1191 Ps 1594 61 908 7r I 0 1586 `1, 1.31 mi 1 peo 15'1 3a8 1669 1570 Ili 14H \> c iai e., 1.5c: iu \1/4\ 1 5 t`h ai_, t45:f 3 .Ia 44 I:4S `ak t49t; 1535 1524 t 4 ir, ra c a z, 1501 • e • , 5 )4651585 a, 14115 ,r, 1 N .*1 k Buffer Size: 500 0 50 100 200 Feet Map Comments: IIIIIIIII 1509 Long Lake Blvd. This data (i) is furnished 'AS IS' with no representation as to completeness or accuracy; (ii)is furnished with no warranty of any 110 kind, and (ii) is notsuitable for legal, engineering or surveying purposes.Hennepin County shah not be liable for any damage,injury or loss resulting from this data. For mon:information,contact Hennepin County GIS Office 300 6th Street South,Minneapolis,M N 55487/gi s.info@hennepin.us • Date Application Received: 04/21/2021 O� Date Application Considered as Complete:05/04/2021 g. VjO 60-Day Review Period Expires: 07/03/2021 To: Chair Kirchner and Planning Commission Members y ,` Adam Edwards,City Administrator 4kESH08)`" From: Melanie Curtis, Planner VY1GG Date: 17 May 2021 Subject: #LA21-000031, Doug Johnson o/b/o Steve Zawoyski, 724 Tonkawa Rd Variance Public Hearing Application Summary: The applicant is requesting rear setback variance in order to construct a second story addition on an existing detached garage. Staff Recommendation: Planning Department Staff recommends approval. Background In 2011,the property owners received variances in order to build the new home and detached garage. Resolution No. 6083 granted lot area and lot width variances, a hardcover variance • permitting 32.9% hardcover where 25% is allowed, and a rear setback variance for the detached garage to be set back 15 feet from the rear/street yard where a 30-foot setback is required. The applicant is requesting a variance to add a second story above the existing detached garage. The garage has a street-facing overhead door which requires the building to be set at the principal building setback of 30 feet.The garage is set at 15.6 feet from the rear property line. Practical Difficulties Analysis Applicant Submittal Information:The applicant has identified the lot width and topography of the property as practical difficulties supporting the requested variance. Additionally,they have provided supporting documentation regarding Practical Difficulties attached as Exhibit B, and should be asked for additional testimony regarding the application. Planning Staff Practical Difficulty Analysis: Regarding practical difficulty, Staff finds the lot width, topography, and the proximity of the existing garage to the rear lot line support the requested variance. • FILE#LA21-000031 17 May 2021 Page 2 of 5 LOT ANALYSIS WORKSHEET Section 78-330—Garage Setbacks: LR-1B District Required Existing Proposed Rear/Street 30' 15.6' 15.6' North Side 7.5' 10.3' 10.3' South Side 7.5' 17.4' 17.4' Lakeshore 75' 181' 191' Average Lakeshore The garage will conform to the average lakeshore setback. Section 78-330—Lot Area/Width: LR-1B District Lot Area Lot Width Required 43,560 s.f. (1.0 acres) 140' Actual 11,490 s.f. (0.26 acre) 50'@ 75'/50' @ OHWL Section 78-1403—Structural Building Coverage: Total Lot Area Total Structural Coverage 11,490 s.f. (0.26 acre) Allowed: 2,298 s.f. (20%) Existing: 1,707 s.f. (14.8%) Proposed: 1,707 s.f. (14.8%) • Section 78-1700—Hardcover Calculations: Until 2012,the City's hardcover limits were based on setback zones from the lake:0-75'where no hardcover was permitted; 75'—250' zone where 25%of the lot's area within that setback zone was permitted to be hardcover; 250'—500' zone where 30%of that zone's square footage was permitted to be hardcover; and 500'-1,000'where 35%was permitted.The previous setback zones generally align with the City's current Tier system. The property received variances in 2011, including a hardcover variance to permit (32.9%) hardcover in excess of 25%within the 75'to 250' zone. The 2011 variance resulted in a total of 2,608 square feet of hardcover for the property(divided between the two setback zones).The applicant is not proposing changes to hardcover, however at the current level of 2,608 square feet,the Tier 1 property is under the limit at 22.6%. Applicable Regulations: Rear Setback Variance (Section 78-330) Accessory garages on lakeshore lots are permitted to be closer to the rear,street lot line than the principal building when the doors on the building face away from the street—side load or interior rear load.The lot width does not accommodate a side load garage.The existing garage doors face the street requiring a 30-foot principal building setback.The applicant is requesting a setback variance to allow a second story to be constructed over the existing garage 15 feet from the rear lot line. The overall height of the garage will increase by approximately 4 feet. i FILE#LA21-000031 17 May 2021 Page 3 of 5 • Governing Regulation:Variance (Section 78-123) In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health,safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. §216C.06, subd. 14,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 garage setback on the street side is shown to be in keeping with the character of the neighborhood. The garage meets/exceeds side setbacks which helps to provide the necessary open space.There is no hardcover change from the existing condition and the variance is supported by the small/narrow lot challenges. 1111 2. The variance is consistent with the comprehensive plan. The scale and type of variance proposed to expand the upward volume of the detached garage within the rear setback while not impacting adjacent properties is consistent with the comprehensive plan. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The request to permit expansion of the garage on the substandard lot, within the required rear setback appears to be reasonable as the property's reduced size and orientation with respect to the lake and adjacent properties creates difficulties. No encroachment to adjacent properties or hardcover expansions are proposed. b. There are circumstances unique to the property not created by the landowner; If the doors faced inward, the garage would be conforming to the setback requirements.The small size and width,location with respect to Tonkawa Road, and required setback based on the overhead door prevent expansion of the garage consistent with the neighborhood. There should be consideration for variance approvals from rear setback; and c. The variance will not alter the essential character of the locality.The footprint size and overall height of the garage at approximately 23 feet is in character with the immediate neighborhood. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination. 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight • for solar energy systems. Variances shall be granted for earth-sheltered construction as FILE#LA21-000031 17 May 2021 Page 4 of 5 defined in Minn. Stat. § 216C.06, subd. 17, when in harmony with Orono City Code • Chapter 78.This condition is not applicable. 6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located.This condition is not applicable,as an accessory garage is an allowed use in the LR-1B District. 7. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling.This condition is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property.The property's substandard size,width,and topography creates difficulties which also apply to many of the properties in the same neighborhood. The setbacks are not out of character. The proposed structural and hardcover levels are met. 9. The conditions do not apply generally to other land or structures in the district in which the land is located.The property's substandard width,topography,and proximity to the County roadway create difficulties which apply to some properties in the immediate area but not the LR-1B district as a whole. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. According to the applicant,granting the rear setback variance is necessary for the preservation of the property right of the owners. 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 setback variance in this unique situation is not contrary to the intent of the zoning chapter as the improvement is not shown to adversely impact adjacent property • owners. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. Volume expansions of the garage are not permitted without variances.The variances from the rear setback is appropriately scaled for the owners'use and for the neighborhood.The variance will not merely serve as a convenience. The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Public Comments To date, no public comments have been received. Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? 2. Does the Planning Commission find that the variance(s), if granted, will not alter the essential character of the neighborhood? 3. Does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested variance(s)? 4. Are there any other issues or concerns with this application? • FILE#LA21-000031 17 May 2021 • Page 5 of 5 Planning Staff Recommendation Planning Staff recommends the following approval of the rear setback variance to add a 2nd story to the existing detached garage. List of Exhibits Exhibit A. Application Exhibit B. Practical Difficulties Documentation Form Exhibit C. Existing Survey/Site Plan Exhibit D. Proposed Plans and Elevations Exhibit E. Hardcover Calculations (2011) Exhibit F. Property Owners List Exhibit G. Plat Map • • Exhibit A Land Use Application Summary Application Date: 04/21/2021 Address: 724 Tonkawa Road Orono, MN 55356 Parcel Number: 0511723340003 Land Use Number: LA21-000031 Application Submitted By: Agent on behalf of property owner Owner: Name: STEVE& SARA ZAWOYSKI Address: 724 TONKAWA RD LONG LAKE,MN 55356 Applicant: Name: Doug Johnson Company: Address: 200 University Ave SE,Unit 2301 Minneapolis,MN 55414 doug@bcdhomes.com Contact Information: Associated Contact: Doug Johnson doug@bcdhomes.com Associated Contact: Associated Contact: • Associated Contact: Project Descri tion: Remove existing roof from detached garage and install new roof with p dormers and stairs to upper level 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: L� // • Exhibit B PRACTICAL DIFFICULTIES DOCUMENTATION FORM LA21-000031 1. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter. Response: Yes, it is a minimal expansion to a existing residential detached garage. 2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. Response: The existing detached garage is 15.6' from the street with the garage door facing the street. If the garage door was facing a different direction this would not be needed. The direction of the garage door can not be changed due to the elevation changes that exist on the property. 3. The variance, if granted, will not alter the essential character of the locality. Response: No, I do not believe it will alter the character of the locality at all. 4. Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter. Response: Economic considerations are not part of this variance application, we are doing what makes the most sense and not expanding the footprint of the existing garage. • 5. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minnesota Statutes, Section 1163.06, Subd. 2, when in harmony with this Chapter. Response: N/A 6. The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not allowed under this Chapter for property in the zone where the affected person's land is located. Response: A residential accessory building is allowed. 7. The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. Response: N/A 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. Response: The structure is located 15.6' from the street with the garage door facing the street. This structure currently exists, we are only asking for a minimal expansion to the trusses, nothing on the footprint of the garage. The elevation changes on the lot from the street do not allow any changes to the direction of the garage door. 9. The conditions do not apply generally to other land or structures in the district in which said land is located. Response: The condition which requires the variance is the street setback along with the direction of • the garage door. This is found in other propertys in close proximity but still unique to this property. If the garage door was going a different direction the variance would not be needed, but the steep slop located on the property does not allow for this to be changed. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Response: As everyone, our family has grown. We love and use the property with friends and family and want to continue that use. A minimal expansion to the already existing detached garage will give us a rec room / office which has become more and more necessary as our family has gotten older. A quiet place to go and work, outside of the house. 11. The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code. Response: This will not impair health, safety, comfort or moral of this property or any others directly attached to this property. It is within the intent of the zoning code as accessory structures are allowed. 12. The granting of such variance will not merely serve as a convenience to the applicant but is necessary to alleviate demonstrable difficulty. • Response: We are only asking for a minimal expansion of the trusses / roof of the existing garage. The sturcture already exists and seems like an excellent solution for our continued enjoyment of the property. • 41110 byyN. p N - o'r v N ii Q S°s Y PJt Z ° mE. C 5.0 Q y° ¢ E5 W w vio 09 ° w Z m 4 a cu' Z_ M // gW = = w3 J -o o„s C () 0 7.7 tea° .E Q> MX W G <. w it 9A E .oma �miw U7 /� a �> vL N �o m_ mm v mot il mm °' nQJ �� �' m"'mw a k'm` o>m WI S . / mcm -400001.r.' a m m m E m o .8,,/ m m � / �O m m C y cE co' m T� m ��j.i ' �/ i / C.0 m>. a c a of E \ / m y0' '/, 3 m a''o a� E 6 /� / � /' ''i ` v_ S .2m$ a caE Z ' is ' // \\ O rL. oy m ,Soo z / S 44, - - \ Q• / /-} '' \ wow dy c in �''/ '/ \\ r- O D mmi Tt o --- io ¢�' , 0 0 vu '_' / , '; 'e„�-/- \ QZ n, moo Oo \ ..i!.2 P2,5. �07, 0 \\ I s O 2�z75 x , Y �[ 7775 ¢ ' - '/ 5f.”\\\ • / \v \ w O \\\\\\ r / E�\�0�2p ' ” s r \ W u o 4g \ m Z =_ O NW -0° 5 '`-c? 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OR,VII + ih 1 f� , il\ I iiY 1 I .a:.e1g 1 mil i II 1 11 $ 11 11 ii .. i-0 t. t 1911 I a ca c c a a�a a a y�••`"` fi i 1 = } 1 " loll i p I I, c 4 t ... § - 13I il I imlmlm : 1I<16 I 9 1 y41 111111 II �I: m 1 I1iJk�lrIII Ip1:ii riy ii i° i $limn haulm Uk o-S, k r > . , �'r 11111111 $1 ; 1 111 s amaa { e I� > 1- 1 ii i i el t 10 hiit,111 I 1 7, ,1 1, t ak:i '\I 1IJiiii , 11{{10{01111 y — =� ____I , Fil_l, 1 ,F 1 -_LI\ --Li. 1 I, 1E1-44.1E i 1 h ylt•fY111 1 , \\ i k , WdL ' % _L. .__® illllllllll • Ir is{,f I, { �' iIII , -„ `-1 4 S TRvE• z if 4/G y fk 1 Exhibit E Address: 7 2 -- I Oh4f4.Z,1V✓'.4 i .ox,i) ORONO COPYte:' mss_;- • Prepared by: 2 ON 3E - 4 IS +c i 9-;-) ,/._,.., ,. 2011 Hardcover Calculations: HARDCOVER CALCULATION WORKSHEET 0 to 75' zone + 75' to 250' zone = Total HC SETBACK.ZONE: (CIRCLE ONE) 0-75' 75-250'250-500' 500-1000' EXISTING HARDCOVER IN ZONE A. House x = I i 6 S.F. Length Width x = S.F. x = S.F. B. Garage x = S.F. C. Driveway x = S.F. x = S.F. D. Sidewalk x = F,2. S.F.- u L:c x = ? S.F.... 19r5 5. E. Patio/Deck x = 393 S.F.-p/i TIC x = 10 S.F.- DCsCic, F. Landscape x = 2 9 S.F.- F/i1.2'C• Underlain x = I ci S.F.-PtA;"'fc By Plastic x = S.F. G. Retaining Walls x = I IfS.F.- GvniC, 5. • H. Other x = S.F. TOTAL HARDCOVER IN ZONE - f` 15 S.F. A TOTAL PROPERTY AREA IN Z01\1E,_ - 3I4¢ S.F. B f� % A b{� + B �Y71�' x 100 = 16.0-7 PROPOSED HARDCOVER IN ZONE (including existing hardcover to be retained) A. House x = S.F. Length Width x = S.F. x = S.F. B. Garage x = S.F. C. Driveway x = S.F. x = S.F. D. Sidewalk x = ,5 :_ x = / n S.F.-- /,,,',-' . E. Patio/Deck x = S.F. x = S.F. F. Landscape x = S.F. Underlain x = S.F. By Plastic x = S.F. G. Retaining Walls x = S.F. H. Other x - = .F. IIITOTAL HARDCOVER IN ZONE - fie, . A TOTAL PROPERTY AREA IN ZONE - 38t S. . B A 82 r B --y-2,1q- x100 = 2 /5 °/ RECEIVE - 21 - NOV 28 a l l 4 5.76-5.76-i1 zA wor fve i i Address: 724 -rO4t 4WA. PO4 Date: U"12 If Prepared by: C'P.ONt842.e Accoci,nic . HARDCOVER CALCULATION WORKSHEET SETBACK.ZONE: (CIRCLE ONE) 0-75' •0-500' 500-1000' I EXISTING HARDCOVER IN ZONE 1 A. House x = 6 3 CI S.F. Length Width �ji4ED � x = 3S S.F. © x = I43 S.F. B. G,ge © x = 2S S.F. C. Driveway x = 1420 S.F. x = S.P. D. Sidewalk x = i 46 WA LIC S.F.- x = 72 S.F.— PAOS E. Patio/Deck x = i 213 S.F.--01~t.Y x = S.F. F. Landscape x = 201 S.F. - VI Underlain x = SS- S.F. - )' (3 By Plastic x = S.F. G. Retaining Walls x = S.F. H. Other x = S.F. IllTOTAL HARDCOVER IN ZONE - L 23 S1F. A TOTAL PROPERTY AREA IN ZONE - S.F. B A Z8 2.3 + B -7676 x 100 = PROPOSED HARDCOVER IN ZONE(including existing hardcover to be retained) r w t-'v i A. House 1110— F4nd5f x t1-7- 519O = I IS? SIF.- + 1,1301:' Length Width x = SF. x = S.F. B. Garage -NEIN eilima Zc x 22 = 550 SF. C. Driveway x = 5/f? S.F. x = S.F. D. Sidewalk x Wick r SLAB = 2c?Y S.F. x = S.F. E. Patio/Deck x PAT/d = 6 O S.F. , x = S.F. F. Landscape x = - S.F. Underlain x = S.F. By Plastic x = S.F. G. Retaining Walls x - S.F. H. Other x PR 600/6-# WA4.IS = 37 S, TOTAL HARDCOVER IN ZONE - 252-6 S.F. A .. TOTAL PROPERTY AREA IN ZONE - • 7 G 76" S.F. B • q 25Z 6 + B ?676 x100 = 329/ i % -21 - Exhibit F RUN DATE:04/21/2021 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM(PROPERTY OWNERS LIST) • 38 05-117-23 33 0003 38 05-I17-23 34 0002 SARAH L BUXTON/JULIE A BROWN P J MIDDLETON ET AL 755 TONKAWA RD 720 TONKAWA RD ORONO MN 55356 ORONO MN 55356 SARAH L BUXTON PJ&K J MIDDLETON JULIE A BROWN 720 TONKAWA RD 755 TONKAWA RD LONG LAKE MN 55356 LONG LAKE MN 55356 38 05-117-23 33 0008 38 05-117-23 34 0003 DAREL J LEIPOLD S V ZAWOYSKI&S E ZAWOYSKI 678 TONKAWA RD 724 TONKAWA RD ORONO MN 55356 ORONO MN 55356 DAREL J LEIPOLD STEVE&SARA ZAWOYSKI 678 TONKAWA RD 724 TONKAWA RD LONG LAKE MN 55356 LONG LAKE MN 55356 38 05-117-23 33 0010 38 05-117-23 34 0004 TIMOTHY JOHN REINERS BRUCE R LEA&COLLEEN LEA 680 TONKAWA RD 740 TONKAWA RD ORONO MN 55356 ORONO MN 55356 TIMOTHY JOHN REINERS BRUCE R&COLLEEN LEA 680 TONKAWA RD 740 TONKAWA RD LONG LAKE MN 55356 LONG LAKE MN 55356 38 05-117-23 33 0011 38 05-117-23 34 0005 WELDON W GILBERTSON ETAL EA&M T CALDWELL TRUSTEES 684 TONKAWA RD 746 TONKAWA RD ORONO MN 55356 ORONO MN 55356 WELDON W GILBERTSON EDWARD A&MARY T CALDWELL MARCIA GILBERTSON 746 TONKAWA RD 684 TONKAWA RD ORONO MN 55356 LONG LAKE MN 55356 38 05-117-23 33 0012 38 05-117-23 34 0006 BRADLEY JOINT REV TRUST AGR KAREN E WEATHERS 690 TONKAWA RD 750 TONKAWA RD ORONO MN 55356 ORONO MN 55356 . MICHAEL S BRADLEY KAREN E WEATHERS OLIVIA M BRADLEY 750 TONKAWA RD 16277 W WINDCREST DRIVE LONG LAKE MN 55356 SURPRISE AZ 85374 38 05-117-23 33 0013 38 05-117-23 34 0007 BARBARA PUGH NANCY A BORDSON REV TRUST 692 TONKAWA RD 760 TONKAWA RD ORONO MN 55356 ORONO MN 55356 BARBARA PUGH-MCCREIGHT BRENT BORDSON 692 TONKAWA RD NANCY BORDSON LONG LAKE MN 55356 760 TONKAWA RD LONG LAKE MN 55356 38 05-117-23 33 0014 38 05-117-23 34 0008 TED H SPOONER TRUSTEE DAVID G LATZKE 700 TONKAWA RD 770 TONKAWA RD ORONO MN 55356 ORONO MN 55356 TED H SPOONER DAVID G LATZKE 117 PORTLAND AVE APT 508 770 TONKAWA RD MINNEAPOLIS MN 55401 LONG LAKE MN 55356 38 05-117-23 33 0015 38 05-117-23 34 0009 THOMAS P GOODYEAR ERIK G SWENSON 712 TONKAWA RD 774 TONKAWA RD ORONO MN 55356 ORONO MN 55356 THOMAS P GOODYEAR ERIK G SWENSON 712 TONKAWA RD 774 TONKAWA RD LONG LAKE MN 55356 LONG LAKE MN 55356 38 05-117-23 33 0019 38 05-117-23 34 0010 TEMPLE ISRAEL OF MINNEAPOLIS KEITH MENZEL 645 TONKAWA RD 780 TONKAWA RD ORONO MN 55356 ORONO MN 55356 TEMPLE ISRAEL OF MINNEAPOLIS KEITH MENZEL 2324 EMERSON AVE S 780 TONKAWA RD MPLS MN 55405 LONG LAKE MN 55356 • 38 05-117-23 34 0001 38 08-117-23 21 0001 STANLEY S SANDIFORD THE LANDSBERG FAMILY TRUST 722 TONKAWA RD 801 TONKAWA RD ORONO MN 55356 ORONO MN 55356 STANLEY S SANDIFORD THE LANDSBERG FAMILY TRUST 722 TONKAWA RD 801 TONKAWA RD 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. • • (( ADJACENT PROPERTY OWNERS'ACKNOWLEDGEMENT FORM IIII(we) JT xarx`!i 4crd of 121 TOrad ),ye Ir! lint nam (s)] [print $1 have reviewed Ole plans for the proposed improvement or propos4d use of the property Ia ;tcd at -7-4t i 7roti ro'L ri....kit.also referred to as Land Use Application No. I (we)understand that in executing this acknowledgement. I (vie)am (Ore) not asked to declare apprnvat or disapproval of the property or use but merely to confirm for the City Council that I (vre)am (are) aware of the Improveme I plans and that me oroposed neighbor's project or use requires Council approval. / i / / e.'Wer rty Date Property Owner Gate If you have any information that may assist the City in the review of this Land Use Ap n,please submit your comments to the Building&Zoning Office at least 10 days prior to the scheduled meeting date, •••••KM+**M••et*** i1I.O•►.NIY1 M11.N.1htt......4tf.-i......t*.EN.+.OW. lr.f}.i"..M..rft11/M*M.ffili•M ADJACENT PROPERTY OWNERS'ACKNOWLEDGEMENT FORM ' it C liC r O p4 )14 G 1love) to +af] af_rIDe)kfttb,O d IP [pri�`rt name(s)] jprint addrta] have reviewedthe plans for the proposed Improvement or proposed use of the property located at 7 L 4 j 7 iial4 24 also referred to as Land Use Application No. I (we) understa that In executing this acknowledgement, I (we) am (are)not asked to declare approval or disapproval of the pioperty or . out merely to confirm for the City Counts!that I (we) am (are)aware of the \• em . ent plans alnd that the t e. ed neighbor's project or use requires Council approval. ,. f dr at. 4 c---- ajar 1 oto .. � � tbato, �i.i a i P ..:rid©caner_. 52 : ) . ate i If ybuhave any Information that may assist the City in the review of this Land Use Application,please submit your comments to the Building&Zoring Office at least 10 days prior to the scheduled meeting date. Adjacent Pmpely Owner Form-January 2Q21 r Hennepin County Locate & Notify Map Date: 4/21/2021 Fyn 660 670 . csi .80ti I 884 • 21 Sr ti3G89) 13' G0 7 717 itai 645 1111.1111, • 135 160 ._i • $Q 780 755 ai :8t,. i>flI APPAA wt� 1.11. 801 ynrs.a. E e 5 pptrtpi,v aw-Fu,, Buffer Size: 500 0 50 100 200 Feet Map Comments: I I I I I I I 1 I 724 Tonkawa Rd This data () is 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, engneering or surveying • purposes.Hennepin County shall not be liable for any damage,injury or loss resulting from the data For more information,contact Hennepin County GIS Office 300 6th Street South,Minneapolis,MN 55487/gis.info@hennepin.us • Date Application Received: 04/21/2021 Date Application Considered as Complete:04/28/2021 liLOAt 60-Day Review Period Expires: 06/27/2021 il4,>, To: Chair Kirchner and Planning Commission Members y Adam Edwards,City Administrator `°t � � .kFS H 0� From: Melanie Curtis, Planner h'1GG Date: 17 May 2021 Subject: #LA21-000032,Al Azad, 165 Bederwood Dr, Variances Public Hearing Application Summary: The applicant is requesting the following variances in order to redevelop the subject property: Lot width; lot area;front setback;and rear setback. Staff Recommendation: Planning Department Staff recommends partial approval. Background The applicant is requesting approvals in order to redevelop the property with a new single family home. Requested are for the following: lot area, lot width, and front and rear setback • variances. Practical Difficulties Analysis Applicant Submittal Information:The applicant has provided supporting documentation s+ regarding Practical Difficulties attached as ExhibitJ�':J ,r �\ B, and should be asked for additional testimony 4'x,6 �`. regarding the application. r- ``? ` ,' ss –I �.\. Planning Staff Practical Difficulty Analysis: Staff -u-------I / �T 14*. �1, -`, ' finds the LR-1A zoning district requirements, lot I i , size,width, and the unique configuration without I `�� Ns.. s '.�.,, \ .._ • 0 actual road frontage abutting the Luce Line Trail Ai. �. t..1%.create some practical difficulties for Al<lc M1____---c,60____---c,60 /--1s,development. However,there is a reasonable, .e _—__-c, ' r i 1,1 conforming building envelope available to the ,JJ ' ut4R ,� d jo ,t, a property owner. `4 I�dM " f f / --.---MO- .. ...-....- • '1° , r ®;..�. ..._„o. iI ; ,• i % PQL. - - ,W.a 21. 0 4 0 10 O test :4754 -I •_ap n i • .......„........4:11:04..iks,-ir I l2 R M� d CON, ear r. E FILE#LA21-000032 17 May 2021 Page 2 of 5 LOT ANALYSIS WORKSHEET 4111 Section 78-305—Setbacks: LR-1A District Required Existing Proposed -House Front (East) House 50' House 40.1' 15.3' Garage 50' Garage 8.3' Rear(West) 50' House 61.8' 44.8' (sunroom) North Side 10' * House 14.9' 17.6' Garage 0' South Side 10' * House 45' 39.1' Garage 72' *Exception for side yard setback per 78-305(b)(1) Section 78-305—Lot Area/Width: LR-1A District Lot Area Lot Width Required 87,120 s.f. (2.0 acres) 200' Actual 17,054 s.f. (0.39 acre) 87.75' Section 78-1403—Structural Building Coverage: Total Lot Area Total Structural Coverage 17,054 s.f. (0.39 acre) Allowed: 3,410 s.f. (20%) Proposed: 2,863 s.f. (16%) • Section 78-1700—Hardcover Calculations: Stormwater Total Area in Allowed Existing Proposed Overlay District Zone Hardcover Hardcover Hardcover Tier _ Tier 2 17,054 s.f. 5,116 s.f. 3,707 s.f. (30%) (21.7%) Applicable Regulations: Lot Area +Lot Width Variances (Section 78-305) The 0.39 acre property is substandard for the LR-1A zoning district which requires 2 acres in area.The property is a lot of record and the property owner has a right to develop it within the parameters of the code. Front+ Rear Setback Variances (Section 78-305) The applicant is requesting variances from the front and rear 50-foot setbacks to orient the front of the home toward the Luce Line and with a rear yard facing the lake.The proposed setbacks are 15.3 feet from the front and 44.8 feet from the rear where 50-foot setbacks are required. The north side yard facing the Luce Line Trail functions as a front for the existing home and the proposed home. • FILE#LA21-000032 17 May 2021 Page 3 of 5 • Governing Regulation:Variance (Section 78-123) In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health,safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn.Stat. §216C.06, subd. 14,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 lot width and lot area variances area supported by practical difficulties due to the substandard lot conditions and lot of record status.The variances for rear and front setback for development of the lot do not appear to be in harmony with the City's goals for conforming development and is not in harmony with the Ordinance as there • are reasonable opportunities for development within these setbacks. 2. The variance is consistent with the comprehensive plan.The level of setback variances requested to permit 15.3'front and 44.4'rear setbacks for development of the Property are inconsistent with the Comprehensive Plan and are not supported by necessary practical difficulties inherent to the Property.This criterion is not met. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls;The application of the required setbacks for the Property allows for an approximate 3,200 square foot building area;the proposed home is shown to have a 2,800 square foot footprint. Reasonable use of the Property is established by allowing construction of a new residence on this substandard lot of record. This criterion is not met. b. There are circumstances unique to the property not created by the landowner; The substandard size of the property and easement access are existing conditions;there is no available land with which to make the Property conforming. State Statute and City Code allow for redevelopment of a nonconforming lot of record however the setback variances do not appear to be supported by practical difficulty.The applicant's site design does not appear to make use of the allowed building envelope; and c. The variance will not alter the essential character of the locality. The orientation and placement of the home on the property does not appear to negatively impact the local neighborhood character. Additionally City Code 78-123 provides additional parameters within which a variance may be • granted as follows: FILE#LA21-000032 17 May 2021 Page 4 of 5 • 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. 17,when in harmony with Orono City Code Chapter 78.This condition is not applicable. 6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located.This condition is not applicable,as residential home is an allowed use in the LR-1A District. 7. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling.This condition is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property.The Applicant has not identified special conditions to the land justifying the setback variances other than the easement access and driveway configuration.This criteria is not met. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The Applicant has not identified conditions specific to the Property which affect the need for the requested setback variances. This criteria is not met. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Substantial property right is provided by the redevelopment of the property with a new residence structure,which is permitted to be constructed.Variances to the rear and front setback requirements to orient the home in a particular way is not a right.This criteria is not met. III 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 lot width and lot area in this unique situation is not contrary to the intent of the zoning chapter.The requested setback variances do not align 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 asserts that the setback variances are necessary.The setback variances provide for a certain home orientation and footprint location which could be considered conveniences.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? FILE#LA21-000032 17 May 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 Application of the LR-1A setbacks,when applying the allowed side yard setback exception, provides an approximate 40' by 80' building envelope.The applicant's proposed home, if rotated approximately 45 degrees would nearly fit in the building envelope. The existing building envelope appears to provide adequate space with which to construct a conforming home footprint. Planning Staff does not support the variance for Front and rear yard setback 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. Submitted Hardcover Calculations Exhibit F. Aerial Photos Exhibit G. Property Owners List Exhibit H. Plat Map • • Exhibit A Land Use Application Summary • Application Date: 04/21/2021 Address: 165 Bederwood Dr. Orono, MN 55356 Parcel Number: Land Use Number: LA21-000032 Application Submitted By: Property Owner Owner: Name: Address: Name: Al Azad Applicant: Company: P y: Address: 200 Bederwood Dr. Orono, Mn 55356 a.azad@mchsi.com Contact Information: Associated Contact: Associated Contact: Associated Contact: 411 Associated Contact: Project Description: variance 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 • LA21-000032 1. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter. Response: Yes- The new house is in the same location as the old house and little bigger. The old house didn't meet setbacks, and now you're hoping to preserve the location of the driveway and the view of the trail. 2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. Response: Correct 3. The variance, if granted, will not alter the essential character of the locality. Response: 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: Correct di 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: Yes- will not cause any difficulty to access or blocking sunlight 6. The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not allowed under this Chapter for property in the zone where the affected person's land is located. Response: N/A 7. The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. Response: single family residence 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. Response: N/A •9. The conditions do not apply generally to other land or structures in the district in which said land is located. Response: Correct 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. • Response: The new house will be in the same location of the old house 11. 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"Vio:• '-NIT'`4., ,, ' ' ..„..,,,. , , • " '. c s 1 ' ' ...1'. •-...• 4' : f,• 4 ; 4.;* ' AK! - .4.......,.,,G1: - -- .11 •1 _. .. ..„ . e11;,- -4 f" .e. - - - '7," - , ..-- - Exhibit G RUN DATE:04/21/2021 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM(PROPERTY OWNERS LIST) PAGE:1 38 05-117-23 12 0006 38 05-117-23 12 0022 38 05-117-23 21 0017 • STATE OF MINN C C KROLL ET AL TRUSTEES STATE OF MINNESOTA 38 ADDRESS UNASSIGNED 60 STUBBS BAY RD S 38 ADDRESS UNASSIGNED ORONO MN 00000 ORONO MN 55359 ORONO MN 00000 DNR REAL ESTATE MGMT CLEMENT C KROLL DNR REAL ESTATE MGMT ATTN DEBBIE GURTIN 60 STUBBS BAY RD S ATTN DEBBIE GURTIN 500 LAFAYETTE RD MAPLE PLAIN MN 55359 500 LAFAYETTE RD ST PAUL MN 55155 ST PAUL MN 55155 38 05-117-23 12 0010 38 05-117-23 12 0024 38 05-117-23 21 0018 SUSAN RALLS TRUSTEE BETZ ADDITION HOMWNRS ASSOC HENNEPIN FORFEITED LAND 3580 BAYSIDE RD 38 ADDRESS UNASSIGNED 38 ADDRESS UNASSIGNED ORONO MN 55356 ORONO MN 00000 ORONO MN 00000 TRUSTEE BETZ ADDITION HOMEOWNRS ASSO CITY OF ORONO 3580 BAYSIDE RD 60 STUBBS BAY RD S PO BOX 66 LONG LAKE MN 55356 MAPLE PLAIN MN 55359 CRYSTAL BAY MN 55323 38 05-117-23 12 0011 38 05-117-23 12 0028 38 05-117-23 21 0025 ALISHAH S AZAD TRUSTEE C J ADAMS&E A ADAMS J J BARKLEY&M L BARKLEY 165 BEDERWOOD DR 200 BEDERWOOD DR 3640 BAYSIDE RD ORONO MN 55356 ORONO MN 55356 ORONO MN 55356 CREEKVIEW FARM/C FESTE CHRISTOPHER J ADAMS JACOB J BARKLEY 200 BEDERWOOD DR ELLEN A ADAMS MAUREEN L BARKLEY ORONO MN 55356 200 BEDERWOOD DR 3640 BAYSIDE RD ORONO MN 55356 LONG LAKE MN 55356 38 05-117-23 12 0012 38 05-117-23 13 0017 38 05-117-23 24 0117 ELLIOT L DIETZ KYLE FAMILY LTD PTNRSHP CITY OF ORONO 185 BEDERWOOD DR 3560 BAYSIDE RD 38 ADDRESS UNASSIGNED ORONO MN 55356 ORONO MN 55356 ORONO MN 00000 ELLIOT L DIETZ RICHARD&KATHLEEN A KYLE CITY OF ORONO 185 BEDERWOOD DR 1140 TONKAWA RD P 0 BOX 66 ORONO MN 55356 LONG LAKE MN 55356 CRYSTAL BAY MN 55323 38 05-117-23 12 0016 38 05-117-23 13 0041 STATE OF MINN JO ANNE POOLE BARTLETT 38 ADDRESS UNASSIGNED 3568 BAYSIDE RD ORONO MN 00000 ORONO MN 55356 DNR REAL ESTATE MGMT JO ANNE POOLE BARTLETT ATTN DEBBIE GURTIN 3568 BAYSIDE ROAD • 500 LAFAYETTE RD LONG LAKE MN 55356 ST PAUL MN 55155 38 05-117-23 12 0017 38 05-117-23 13 0048 LSF9 MASTER PARTICIPATION TR SUSAN RALLS TRUSTEE 3415 HIGH LA 38 ADDRESS UNASSIGNED ORONO MN 55356 ORONO MN 00000 US BANK TRUST SKR TRUSTEE C/0 HUDSON HOMES MGMT LLC 3580 BAYSIDE RD 3701 REGENT BLVD STE 200 ORONO MN 55356 IRVING TX 75063 38 05-117-23 12 0018 38 05-117-23 13 0055 WILLIAM C HAASE JR ALISHAH S AZAD 3575 CHRISTINE DR 38 ADDRESS UNASSIGNED ORONO MN 55359 ORONO MN 00000 WILLIAM C HAASE JR ALISHAH S AZAD 3575 CHRISTINE DR 200 BEDERWOOD DR ORONO MN 55359 LONG LAKE MN 55356 38 05-117-23 12 0019 38 05-117-23 13 0056 NICOLE M NELSON REV TRUST J D MUELLER&R J MUELLER 3535 CHRISTINE DR 222 BEDERWOOD DR ORONO MN 55359 ORONO MN 55356 NICOLE M NELSON JEFFREY D&RENEE J MUELLER 3535 CHRISTINE DR 222 BEDERWOOD DR MAPLE PLAIN MN 55359 LONG LAKE MN 55356 38 05-117-23 12 0020 38 05-117-23 21 0001 S L MANIKOWSKI ET AL CITY OF ORONO 3505 CHRISTINE DR 55 STUBBS BAY RD S ORONO MN 55359 ORONO MN 55359 SUSAN L MANIKOWSKI CITY OF ORONO 3505 CHRISTINE DR CITY CLERK MAPLE PLAIN MN 55359 PO BOX 66 CRYSTAL BAY MN 55323 38 05-117-23 12 0021 38 05-117-23 21 0014 • ADAM R BELL&JESSICA L BELL J B SEALS&V M SEALS 3485 CHRISTINE DR 3620 EILEEN ST ORONO MN 55359 ORONO MN 55359 ADAM R BELL&JESSICA L BELL JAMES B&VICTORIA M SEALS 3485 CHRISTINE DR 3620 EILEEN ST MAPLE PLAIN MN 55359 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. • • Exhibit H Hennepin County Locate & Notify Map Date:4/21/2021 • 5I F.4.4-0,-- c ._- • s ' ` Ilr, 3575 tte1 3535 0u, asos • 3620 -,,,,, , tit) I �h. 131 =Elia . 1 jil X11`S t `. 3Mf5 'G tES/.,, 362 464J j• � III A co n61 in 3560 LI 203 rml p U Bra" •e1F me 222 3568 (LI l1 +'tel y/ \111...... .............0000000###°- Al ' 111Lk 21 1:f. i In 0- CD Buffer Size: 500 0 50 100 200 Feet Map Comments: I ) i ) I ( ) ) I 165 Bederwood Dr. This data O is furnished 'AS IS' with no representation as to completeness or accuracy; (i)is furnished with no warranty of any kind, and (ii) is notsuitable for legal, engheering or surveying purposes.Hennepin County shall not boilable for any damage,injury41, or loss resulting from the data. For more information,contact Hennepin County GIS Office 300 6th Street South,M inn ea p iis,MN 55487/gis.info@h en ne pi n.us • Date Application Received: 04/21/2021 Date Application Considered as Complete:04/21/2021 \VO / 60-Day Review Period Expires: 06/20/2021 To: Chair Kirchner and Planning Commission Members Adam Edwards, City Administrator -1 ESHO°- From: Melanie Curtis, Planner h(1GG Date: 17 May 2021 Subject: #LA21-000033, Dupont Construction & Remodeling Inc., o/b/o Mason+Carolyn Hardy, 1579 Maple PI, Variances Public Hearing Application Summary: The applicant requests lot area and lot width variances in order to take advantage of the Tier 2 hardcover level of 30%. Staff Recommendation: Planning Department Staff recommends approval. Background The subject property is 9,000 square feet in area, and has 50 feet in width within the LR-1C zoning district where 21,780 square feet and 100-feet in width are required. This substandard Lot of Record qualified for buildability without area and width variances under City Code Section 78-72, and a new home was constructed on the property in 2012. However, a qualifier for taking advantage of the Lot of Record status is a hardcover limitation of 25%.The new home met that limitation. At this time,the owner wishes to be able to construct a deck. In order to be able to exceed 25% up to the 30% limit,to construct a slightly larger deck(140 square feet).Therefore, lot area and width variances are required. The property, based on its' proximity to the lake, would be in Tier 2, allowing for up to 30% hard cover. Practical Difficulties Analysis Applicant Submittal Information:The applicant has identified the substandard lot area and width as practical difficulties supporting the requested variance(s). Additionally, they have provided supporting documentation regarding Practical Difficulties attached as Exhibit B, and should be asked for additional testimony regarding the application. Planning Staff Practical Difficulty Analysis: Staff finds the substandard size of the property is a practical difficulty.The neighborhood consists of single family homes located on individual lots as well as combinations of lots. The subject property was vacant for many years before it was developed with a new home.The ability to have the same type of hardcover amenities as other existing developed properties in the same neighborhood would be limited if the area and width variances are not granted. • FILE#LA21-000033 17 May 2021 Page 2 of 4 LOT ANALYSIS WORKSHEET • Section 78-350—Lot Area/Width: LR-1C District Lot Area Lot Width Required 21,780 s.f. (0.5 acres) 100' Actual 9,000 s.f. (0.2 acre) 50' Section 78-1403—Structural Building Coverage: Total Lot Area Total Structural Coverage 9,000 s.f. (0.2 acre) Allowed: 1,800 s.f. (20%) Existing: 1,447 s.f. (16%) Proposed: No Change Section 78-1680 and 78-1700—Hardcover Calculations: Stormwater Overlay District Total Area in Zone Allowed Hardcover Proposed Hardcover Tier • Tier 2 9,000 s.f. 2,700 s.f. 2,457 s.f. (30%) (27.3%) Applicable Regulations: Lot Area+ Lot Width Variance (Section 78-350) The property was platted prior to current local zoning regulations and is substandard with respect to area and width for the LR-1C district. Governing Regulation:Variance(Section 78-123) In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health,safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider 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. 14, when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located.The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. • FILE#LA21-000033 17 May 2021 Page 3 of 4 According to MN §462.357 Subd. 6(2)variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance. Single family residences are a permitted use within the LR-1C zoning district.This criterion is met. 2. The variance is consistent with the comprehensive plan.The residential home and associated residential amenities are residential uses which are consistent with the comprehensive plan guiding of this and surrounding properties for residential use. 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 property owner is proposing to use the property in a reasonable manner but the size of the lot is below the minimum lot size standards of the Zoning Code. b. There are circumstances unique to the property not created by the landowner; The property is substandard for the LR-1C zoning district. Due to the existing substandard lot size,which is a result of the property being platted as part of the'Crystal Bay View'subdivision in 1891, before local zoning codes were in effect;and c. The variance will not alter the essential character of the locality.The immediate neighborhood consists of similarly sized lots.The single family residence with associated amenities on a single lot in this neighborhood is not inconsistent with the character of the surrounding neighborhood. Lots surrounding applicants' property are all similarly within Hardcover Tier 2. 411 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. 17,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 residence is an allowed use in the LR-1C District. 7. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling.This condition is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The lot area, lot width,setback, hardcover and lot coverage standards applying to this property are similar to those of other properties in the neighborhood,and there are many similar sized developed lots in the neighborhood. 9. The conditions do not apply generally to other land or structures in the district in which the land is located.The standards applicable to this property apply to all other property in the neighborhood; however,in order to be allowed the 30%hardcover that other developed similar-sized lots are afforded, a variance to lot area and width is required. FILE#LA21-000033 17 May 2021 Page 4 of 4 . 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. In the opinion of staff,the property rights of the owner will be diminished if the lot area and lot width variances are not granted,as the new residence would not be able to have the 30%hardcover that neighboring similar-sized lots are allowed. 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 area and width variances would not impair health,safety,comfort or morals and would not be contrary 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. In the opinion of staff,granting of the lot area and lot width variances will alleviate a practical difficulty by allowing the property to be further developed under the same hardcover and structural coverage allowances as other similar-sized developed lots in the neighborhood. 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? 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 Staff recommends approval of the requested lot area and lot width variances. If Planning Commission determines that the practical difficulties test is met for the area and width variances,then a recommendation for approval would be in order. List of Exhibits Exhibit A. Application Exhibit B. Practical Difficulties Documentation Form Exhibit C. Survey/Site Plan Exhibit D. Deck Plans Exhibit E. Submitted Hardcover Calculations Exhibit F. Property Owners List Exhibit G. Plat Map • Exhibit A Land Use Application Summary • Application Date: 04/21/2021 Address: 1579 Maple Place Orono, MN 55364 Parcel Number: 0811723330033 Land Use Number: LA21-000033 Application Submitted By: Agent on behalf of property owner Owner: Name: CAROLYN MARIE HARDY Address: MASON MCCORMICK HARDY 1579 MAPLE PL MOUND,MN 55364 Applicant: Name: Brooke Dupont Company: Dupont Construction and Remodeling, Inc Address: 7012 Humber Trail NE North Branch,MN 55056 info@dupontdecks.com Contact Information: Associated Contact: • Associated Contact: Associated Contact: Associated Contact: Project Description: Remove existing deck and build a new 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: r ra'`(2ay^ir.,- A • Exhibit B PRACTICAL DIFFICULTIES DOCUMENTATION FORM LA21-000033 . 1. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter. Response: Substandard lot size would be afforded the 30% lot allotment had the original builder applied for the variance which is the commonly approved variance for lots like this. We are requesting the variance in order to expand the deck to accommodate the homeowners growing family. 2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. Response: The original builders opted to not apply for the variance for the substandard lot size to allow the hardcover coverage of 30% in the Tier 2 lot coverage size. Had they applied for the variance, we would not be needing to apply for the variance now. 3. The variance, if granted, will not alter the essential character of the locality. Response: The granting of the variance will not alter the character of the locality. It will simply allow the homeowners to increase their existing deck size and the lot coverage will increase by less than 3%. 4. Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter. Response: Expanding the deck to 10' x 10' is a reasonable use of the property and a reasonable request to allow the homeowners to use the 30% hardcover of their property as would be allowed by the council should the variance by granted. 5. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minnesota Statutes, Section 1163.06, Subd. 2, when in harmony with this Chapter. Response: N/A 6. The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not allowed under this Chapter for property in the zone where the affected person's land is located. Response: The variance application and request is not unreasonable and is a standard request that is approved by the council and is allowed. 7. The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. • Response: N/A 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. aResponse: Substandard lot size would be afforded the 30% lot allotment had the original builder applied for the variance which is the commonly approved variance for lots like this. 9. The conditions do not apply generally to other land or structures in the district in which said land is located. Response: Substandard lot size would be afforded the 30% lot allotment had the original builder applied for the variance which is the commonly approved variance for lots like this. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Response: Approving the variant application will allow the homeowners to increase their deck size from a smaller deck size to one that will accommodate their growing family as they are expecting a child to be born in the next month or two. 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: Approving the variance application will not impede or impair anything related to the zoning code. 12. The granting of such variance will not merely serve as a convenience to the applicant ibut is necessary to alleviate demonstrable difficulty. Response: The current deck size is not large enough to allow for a reasonable enjoyment or use of the homeowners growing family. Substandard lot size would be afforded the 30% lot allotment had the original builder applied for the variance which is the commonly approved variance for lots like this. • ,!; 1 0,, a 411111 ia I E s -0 w - ----7"--41)-- Li, w to > s,,,- _.E --• re `6 Fa °g g 1 D Li) F.9 ul fa W0 1 u) .,,. E E 2€t t., 6 E -5 ti 5W p-) 2 > i Ci T.,Et LW ›. >= C.0>. . 30Vld 3 1d V IN t5 7'zc 15:0 g.gg ---e- AO" — >- E.c c ..c.0,12 0 = CCz,= 0,- OTOS--4.--.g£,I,C000 S a. 0 te -oca / • 0 ce -0 In 0 ii 9.'5- / cb / I W 0 zroz 66-6 / 0 --I - 43-g•S g.2. 4E O - .•.-•• ...8 o Lo z - E C 15 CO , t , 0,(----A-------.6-.--—A.__ ...1 J 0 -o, LU W 7 i g>- ae. ma E > < t F- t / >. / ry. CRO) g (91 1 1 / I' 4 g 6-,°L,. g 1 1 .00l,aonovo - r) 0..—. 1.A.... /I i g.',,,---' U-S 1 --1_,.. 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Y T • V. 4 R • g f L-: } 1. 011:1-im.-1111111111Van 41t t.tlAARbt.. • 3 _ M wrap : .ewt_': ii. . iliislin01 t 4i, i r cs S3" • }. „ s Exhibit E City of Orono (*. o \ Hardcover Calculation Worksheet •Property Address: ` —�f�, � � ?�<Esio ' Prepared by: �u e,4 (Dn ta. lob Date: ..,20_,71D42-1 Stormwater Quality Overlay District Tier: (Circle one) Tier 1 MTh 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 1-'\tiV,- R-- -- Q4�' 7 $` k 2'*aur ` \ S.F.I It S.F. B 7"1 r-i^vt.._vAac�-� r} p "j1 -'?..-t.).7 ,�X �tQ' ,`AD S.F. E 1-it G1`� S.F. FS.F. G S.F. H S.F. 1 S.F. J S.F. K S.F. L S.F. M S.F. III 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. ZS.F. (1) Total Proposed Hardcover --F D,'{S i S.F. 1 Excludable Hardcover(See City Code Sec 78-1614): S.F. S.F. S.F. S.F. ______LS.F. (2) Total Excludable Hardcover S.F. (3) Net Proposed Hardcover (Subtract line(2)from line(1)] i S.F. (4) Total Lot Area 41 Dt.. Q _S F__ Proposed Hardcover Percentage [(3)_(4)] ai ,5 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 9 of 9 Exhibit F RUN DATE:04/21/2021 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM(PROPERTY OWNERS LIST) PAGIS:I 38 07-117-23 44 0002 38 08-117-23 33 0020 38 08-117-23 33 0040 • TOWN OF ORONO GUY W FELDMANN LISA J MERNIK 2016 TRUST 38 ADDRESS UNASSIGNED 3908 CHERRY AVE 3843 CHERRY AVE ORONO MN 00000 ORONO MN 55364 ORONO MN 55364 TOWN OF ORONO GUY W FELDMANN LISA J MERNIK PO BOX 66 3908 CHERRY AVE PO BOX 64142 CRYSTAL BAY MN 55323 MOUND MN 55364 ST PAUL MN 55164 38 07-117-23 44 0003 38 08-117-23 33 0027 38 08-117-23 33 0043 J SPLINTER&V SPLINTER JENNIFER A KLAAHSEN ANN W ENGLUND TRUST 4005 NORTH SHORE DR 3907 CHERRY AVE 3860 CHERRY AVE ORONO MN 55364 ORONO MN 55364 ORONO MN 55364 JAMES SPLINTER JENNIFER A KLAAHSEN ANN WEEKS ENGLUND VICKI SPLINTER 1545 MAPLE PLACE 3884 CHERRY AVE 4009 NORTH SHORE DR MOUND MN 55364 MOUND MN 55364 MOUND MN 55364 38 07-117-23 44 0004 38 08-117-23 33 0028 38 08-117-23 33 0044 J SPLINTER&V SPLINTER M W&J A JENSEN TRS ANN W ENGLUND TRUST 4009 NORTH SHORE DR 1520 MINNIE AVE 38 ADDRESS UNASSIGNED ORONO MN 55364 ORONO MN 55364 ORONO MN 00000 JAMES SPLINTER MARK W&JACQUELYN JENSEN ANN WEEKS ENGLUND VICKI SPLINTER 1520 MINNIE AVE 3884 CHERRY AVE 4009 NORTH SHORE DR MOUND MN 55364 MOUND MN 55364 MOUND MN 55364 38 07-117-23 44 0005 38 08-117-23 33 0029 38 08-117-23 33 0045 M BLASTICK&T A BLASTICK J A KLAAHSEN&R KLAAHSEN PAUL E&MARY J TAYLOR 4017 NORTH SHORE DR 1545 MAPLE PL 3883 CHERRY AVE ORONO MN 55364 ORONO MN 55364 ORONO MN 55364 MICHAEL BLASTICK JENNIFER&RYAN KLAAHSEN PAUL TAYLOR TARA BLASTICK 1545 MAPLE PL 3883 CHERRY AVE 4017 NORTH SHORE DR MOUND MN 55364 MOUND MN 55364 MOUND MN 55364 38 07-117-23 44 0066 38 08-117-23 33 0030 38 08-117-23 33 0048 J L ELMORE&K A ELMORE REAL ASSETS LLC ROGER GRANNING&WIFE 4000 NORTH SHORE DR 1555 MAPLE PL 3898 NORTH SHORE DR ORONO MN 55364 ORONO MN 55364 ORONO MN 55364 • JOHN&KRISTEN ELMORE MAPLE PLACE I LLC ROGER GRANNING 4000 NORTH SHORE DR 1555 MAPLE PL 3898 NORTH SHORE DR MOUND MN 55364 ORONO MN 55364 MOUND MN 55364 38 08-117-23 33 0006 38 08-117-23 33 0031 38 08-117-23 33 0049 ENGLUND COTTAGE LLC ANDREW PRATT&ALYSEN PRATT ANN W ENGLUND TRUST 38 ADDRESS UNASSIGNED 1565 MAPLE PL 38 ADDRESS UNASSIGNED ORONO MN 00000 ORONO MN 55364 ORONO MN 00000 ENGLUND COTTAGE LLC ANDREW PRATT&ALYSEN PRATT ANN WEEKS ENGLUND 3855 CHERRY AVE 1565 MAPLE PL 3884 CHERRY AVE MOUND MN 55364 MOUND MN 55364 MOUND MN 55364 38 08-117-23 33 0007 38 08-117-23 33 0032 38 08-117-23 33 0050 ENGLUND COTTAGE LLC C L WEERTS&D C WEERTS ANN W ENGLUND TRUST 38 ADDRESS UNASSIGNED 1575 MAPLE PL 38 ADDRESS UNASSIGNED ORONO MN 00000 ORONO MN 55364 ORONO MN 00000 ENGLUND COTTAGE LLC CAITLIN L WEERTS ANN WEEKS ENGLUND 3855 CHERRY AVE DERECK C WEERTS 3884 CHERRY AVE MOUND MN 55364 1575 MAPLE PL MOUND MN 55364 MOUND MN 55364 38 08-117-23 33 0008 38 08-117-23 33 0033 38 08-117-23 33 0063 ENGLUND COTTAGE LLC C M HARDY&M M HARDY MARK D DUENOW 3860 CHERRY AVE 1579 MAPLE PL 1525 MINNIE AVE ORONO MN 55364 ORONO MN 55364 ORONO MN 55364 ENGLUND COTTAGE LLC CAROLYN MARIE HARDY MARK D DUENOW 3855 CHERRY AVE MASON MCCORMICK HARDY 1525 MINNIE AVE MOUND MN 55364 1579 MAPLE PL MOUND MN 55364 MOUND MN 55364 38 08-117-23 33 0009 38 08-117-23 33 0034 38 08-117-23 33 0064 ENGLUND COTTAGE LLC JAMES B SMITH/LARISSA SMITH PATRICIA M KNAPP 38 ADDRESS UNASSIGNED 1587 MAPLE PL 1529 MINNIE AVE ORONO MN 00000 ORONO MN 55364 ORONO MN 55364 ENGLUND COTTAGE LLC JAMES B SMITH PATRICIA M KNAPP 3855 CHERRY AVE LARISSA SMITH 1529 MINNIE AVE MOUND MN 55364 1587 MAPLE PL MOUND MN 55364 MOUND MN 55364 • 38 08-117-23 33 0019 38 08-117-23 33 0035 38 08-117-23 33 0065 NADINE P WASHUTA REV TRUST REAL ASSETS LLC SARAH ELAINE STRAND-PAUL 3926 CHERRY AVE 1595 MAPLE PL 1535 MINNIE AVE ORONO MN 55364 ORONO MN 55364 ORONO MN 55364 KENNETH P WASHUTA REAL ASSETS LLC SARAH ELAINE STRAND-PAUL NADINE P WASHUTA 550 25TH AVE N 1535 MINNIE AVE 3926 CHERRY AVE ST CLOUD MN 56303 MOUND MN 55364 MOUND MN 55364 RUN DATE:04/21/2021 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM(PROPERTY OWNERS LIST) PAGE:2 38 08-117-23 33 0066 38 08-117-23 33 0085 38 17-117-23 22 0006 • BENJAMIN P CARLSON SEAN ENNEVOR LYNN&FAITH CHRISTINE 1545 MINNIE AVE 3898 CHERRY AVE 38 ADDRESS UNASSIGNED ORONO MN 55364 ORONO MN 55364 ORONO MN 00000 BENJAMIN P CARLSON SEAN ENNEVOR LYNN&FAITH CHRISTINE 1545 MINNIE AVE 3898 CHERRY AVE 3925 NORTH SHORE DR MOUND MN 55364 MOUND MN 55364 MOUND MN 55364 38 08-117-23 33 0067 38 08-117-23 33 0086 38 17-117-23 22 0007 LAUREN M EGGERT A R FIEDLER II&L L FIEDLER L&F CHRISTINE 3950 NORTH SHORE DR 3925 CHERRY AVE 3925 NORTH SHORE DR ORONO MN 55364 ORONO MN 55364 ORONO MN 55364 LAUREN M EGGERT LORI L&ALLAN R FIEDLER II LYNN R CHRISTINE 3950 NORTH SHORE DR 3925 CHERRY AVE 3925 NORTH SHORE DR MOUND MN 55364 MOUND MN 55364 MOUND MN 55364 38 08-117-23 33 0068 38 08-117-23 33 0087 38 17-117-23 22 0009 TIMOTHY L ZWART PAUL E&MARY J TAYLOR G C LUNDEEN&L K LUNDEEN 3970 NORTH SHORE DR 3883 CHERRY AVE 3995 NORTH SHORE DR ORONO MN 55364 ORONO MN 55364 ORONO MN 55364 TIMOTHY L ZWART PAUL TAYLOR GARY C&LINDA K LUNDEEN 3970 NORTH SHORE DR 3883 CHERRY AVE 960 CAPE MARCO DRIVE MOUND MN 55364 MOUND MN 55364 UNIT#1202 MARCO ISLAND FL 34145 38 08-117-23 33 0069 38 08-117-23 33 0088 38 17-117-23 22 0039 LEAH MARIE/MICHAEL CHERWIEN ALLAN C LARSON LISA MARIE ALTON 3980 NORTH SHORE DR 3852 CHERRY AVE 3905 NORTH SHORE DR ORONO MN 55364 ORONO MN 55364 ORONO MN 55364 LEAH MARIE/MICHAEL CHERWIEN ALLAN C LARSON LISA MARIE ALTON 3980 NORTH SHORE DR 3852 CHERRY AVE 1635 CONCORDIA ST MOUND MN 55364 MOUND MN 55364 WAYZATA MN 55391 38 08-117-23 33 0071 38 08-117-23 33 0090 38 17-117-23 22 0040 CARLOS GOMEZ-LOPEZ STEVEN MEEHAN ENGLUND LISA MARIE ALTON 1570 NORTH ARM DR 3855 CHERRY AVE 1635 CONCORDIA ST ORONO MN 55364 ORONO MN 55364 ORONO MN 55391 CARLOS GOMEZ-LOPEZ STEVEN ENGLUND LISA MARIE ALTON • 1570 NORTH ARM DR 3855 CHERRY AVE 1635 CONCORDIA ST MOUND MN 55364 ORONO MN 55364 WAYZATA MN 55391 38 08-117-23 33 0073 38 08-117-23 33 0094 38 17-117-23 22 0047 PATRICIA M LAWLESS CITY OF ORONO REAL ASSETS LLC 1560 NORTH ARM DR 38 ADDRESS UNASSIGNED 3855 NORTH SHORE DR ORONO MN 55364 ORONO MN 00000 ORONO MN 55364 PATRICIA LAWLESS CITY OF ORONO REAL ASSETS LLC 1560 NORTH ARM DR P 0 BOX 66 550 25TH AVE N MOUND MN 55364 CRYSTAL BAY MN 55323 ST CLOUD MN 56303 38 08-117-23 33 0074 38 08-117-23 33 0095 38 17-117-23 22 0050 MARGARET PELTOLA BENJAMIN C DZURIK REAL ASSETS LLC 1550 NORTH ARM DR 3860 NORTH SHORE DR 38 ADDRESS PENDING ORONO MN 55364 ORONO MN 55364 ORONO MN 00000 MARGARET PELTOLA BENJAMIN C DZURIK REAL ASSETS LLC 1550 NORTH ARM DR 3860 NORTH SHORE DR 550 25TH AVE MOUND MN 55364 MOUND MN 55364 ST CLOUD MN 56303 38 08-117-23 33 0075 38 08-117-23 33 0098 E A LINDGREN&L M MILLER MICHAEL&LAUREN HUBBARD 1540 NORTH ARM DR 3955 CHERRY AVE ORONO MN 55364 ORONO MN 55364 EDDIE A LINDGREN MICHAEL HUBBARD LYNNETTE M MILLER LAUREN HUBBARD 1540 NORTH ARM DR 3955 CHERRY AVE MOUND MN 55364 MOUND MN 55364 38 08-117-23 33 0076 38 17-117-23 22 0002 MITCHELL P NEUBAUER ET AL M A&M A DOBRATZ 1530 NORTH ARM DR 3865 NORTH SHORE DR ORONO MN 55364 ORONO MN 55364 MITCHELL P NEUBAUER MARK A&MARY A DOBRATZ 1530 NORTH ARM DR 3865 NORTH SHORE DR MOUND MN 55364 MOUND MN 55364 38 08-117-23 33 0084 38 17-117-23 22 0003 • ANN W ENGLUND TRUST WBL SPE 11 LLC 3884 CHERRY AVE 3895 NORTH SHORE DR ORONO MN 55364 ORONO MN 55364 ANN WEEKS ENGLUND WBL SPE 11 LLC 3884 CHERRY AVE 101 HUDSON ST MOUND MN 55364 33RD FLOOR JERSEY CITY NJ 07302 • 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. • • ADJACENT PROPERTY OWNERS' ACKNOWLEDGEMENT FORM • I (we) Dersck s of- 4-75- 71ap4- Place.. [print name(s)) jprint address) 15 have reviewed the plans for the proposed improvement or proposed use of the property located at also referred to as Land Use Application No. I (we) understand that in executing this acknowledgement, I (we) am (aro) 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. �/ a6) d2/ Property Iwner Date L/P-Di2-b2.4 Property Ow 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. ••e•f••.•••ff Mfff!••••1••HH41H�fer :rr•••e•rrHa:e...r+er•••a••+sRn•+w••a••s+••a••••••+ti•++r+..r ADJACENT PROPERTY OWNERS' ACKNOWLEDGEMENT FORM • I (we)15RAI\g)542.'t LAile-AS.50,ag rill of f5t7 Mfl L PL [print name(s)] [Print address] have reviewed the plans for the proposed improvement or proposed use of the property located at /Sig f hlq)< pal also referred to as Land Use Application No. I (we) understand that iinbexecuting 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. 4/404/ Property Owner Date Property Owner Date If you have any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building&Zoning Office at least 10 days prior to the scheduled meeting date. • Adjacent Property Owner Form—January 2021 Exhibit G Henn_, Hennepin County Locate & Notify Map Date:4/21/2021 Z ,- 01 ..t/tf 1475 A1477 1 3928 Oar 1493 3 . ...1 3980 aa' 3926 —' tali 1505 1 r. .Gh a rrYf'' 10 3925 mai 1� 389@ 55 kW AiG , '41.4* 7r ci 3552 15251 !', c . t 4000 �A;,� f5sl 1530 1529.7137 i, 3907 "w;" � ?rl "' "* , 1544 tnr 1535 z, GhEtr . r� Q 45.4.. '1... 3093 i86P I 1555 _ 165 oar ;545 C ;555 s a31 •-• w 3: _ [:dr 17 1560 rn! 2 1565 iii 009 in r 15.5 rxi A 1..7u 460 1573 04. a+ 390 3950 3898 3860 • 4005 93+ 1595 ras a." y 19 a rtFh 3925 Rt .7. :+605 0, 3895 3855 faTf 1635 H_, 1675 +ni rsm 1685 car 1680 1687 all wr . 1695 ag 1690 '„ 1705 Buffer Size: 500 0 50 100 200 Feet Map Comments: IIIIIIIII 1579 Maple Place 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,injury or loss resulting from the data. For more information,contact Hennepin County GIS Office 300 6th Street South,Minneapolis,MN 55487/gis.info@hennepin.us • Date Application Received: April 21,2021 Date Application Considered as Complete:April 21,2021 8ZLOAio 60-Day Review Period Expires: June 20,2021 To: Chair Kirchner and Planning Commission Members Adam Edwards, City Administrator ikESHO'1" From: Jeremy Barnhart,AICP, Community Development Director Date: May 17, 2021 Subject: #LA21-000035, Darrin Rosha o/b/o Orono Station West, LLC, 2160 Wayzata Blvd West, Variances from sign ordinance Public Hearing Application Summary: The applicant is requesting variances from the sign ordinance to support a rebranding of the existing gas station. The variances include the number of free standing signs, monument sign area, sign copy area, changeable copy area, canopy signage area, and lighting of the canopy. Staff Recommendation: Planning Department Staff recommends approval of the number of free standing signs, and the number of canopy signs. Staff does not support the sign area proposed,and the lighting of the canopy. If the sign area is not approved,staff does not support the changeable copy,or the monument sign area. Practical Difficulties Analysis Applicant Submittal Information:The applicant suggests that the unique use of the property(a mall with several different land uses), the limited frontage, and the variance history of the property are practical difficulties supporting the requested variances. Finally,the applicant has provided supporting documentation regarding Practical Difficulties attached as Exhibit B, and should be asked for additional testimony regarding the application. Planning Staff Practical Difficulty Analysis: Regarding practical difficulty, Staff finds there are some practical difficulties supporting the second free standing sign because of the unique mall use of the property. • The sign area of the structure (66"x 209") is 95.79 sq ft,greater than allowed by precedent (63 sq ft), ordinance (45 sq ft),and proposed ordinance (45 sq ft). There are no practical difficulties to support a variance of this magnitude. • The monument sign area of 141.66 sq ft (240"x 85") is less than 150%of the sign area proposed,though in excess of the 67.5 sq ft anticipated as a maximum monument sign area. If the City approves the sign area variance,this variance is moot. • The changeable copy of the sign, excluding the fuel prices is 21%of the proposed sign area,within the 35% maximum, but in excess of the 16 sq ft anticipated by ordinance. If the City approves the sign area variance,this variance is moot. • The uniqueness of the lot,on a curved part of the road, and the shape of the canopy supports variances for the additional canopy signs. • FILE#LA21-000035 May 17,2021 Page 2 of 6 •Staff does not support the backlighting of the canopy. Background **The city is currently reviewing potential changes to the sign ordinance(LA21-000028). Applying the regulations to real world examples, including the original sign permit application for this project, staff recognized that the intended goals are not realized. For example, the regulations for neighborhood identification signs, and incidental signs not clearly defined. The following analysis is based on the existing code. ** The subject property has been a gas station since at least 1980. A number of variances and conditional use permits have been approved for the property, including resolutions 2073 and 4420,which approved variances for signage in 1986 and 2000, respectively. These approvals are summarized in the table attached as Exhibit D. When a project does not conform to the standards of a previously approved variance, the variance is from the existing city code, not the standards established by the variance. Legal non- conforming structures may be rebuilt in kind, without the need for a variance. Proposal. The applicants propose a sign package that includes: Free standing sign Replacing an existing freestanding sign (Exhibit C-1). The sign is • 20 feet tall, 95.79 sq ft of sign copy area,the monument sign is 141.66 sq ft. The sign area includes 20.16 sq ft of changeable copy(21%). The changeable copy calculation does not include the fuel price. The sign exceeds the number,area, monument sign area,and changeable copy area prescribed by Ordinance. Monument and changeable copy are functions of the sign copy area. The height proposed, 20 feet, is allowed per section 78-1373, which allows signs for gas stations to be 22 feet tall. Building sign A new building wall sign 20 sq ft (Exhibit C-2) No variance needed. Canopy sign (3,each 12.7 sq ft) Also proposed is a LED backlit canopy (Exhibit C-3) Only one edge faces a street, in staffs opinion, therefore 2 canopy signs requires a variance. Illumination of canopy requires a variance. No changes are proposed for the existing free standing sign located on the west side of the property. • FILE#LA21-000035 May 17,2021 • Page 3 of 6 A comparison of other gas stations in Orono are summarized in the following table. Comparison of gas station signage 2420 2160 Shadywood 3360 3340 Wayzata (Holiday Shoreline Shoreline (Marathon) Station) (Minnoco) (Holiday) proposed Canopy Number 2 6 3 3 Area (each) 46.69 23.17 7.88 12.7 Freestanding sign Height 20'5" 17 8 20 Area 106.31 24 30 95.79 Monument 125.7 No 24 141.66 Dynamic display 22.4 0 9 20.16 Dynamic percentage (excluding fuel) 21% 0% 30% 21% Wall Number 5 1 4 4 Area 106.45 20.91 40.87 85 Total signage 306.14 183.93 94.51 218.89 • LOT ANALYSIS WORKSHEET Applicable Regulations: Variance (78-1478 Table 1): Total Sign Copy Area (45 sf) Variance (78-1478 (3))Service Area Canopy. Each edge of a service area canopy facing a street is permitted 25 square feet of sign area in addition to all other sign area permitted on the site. Such signage may be illuminated externally, internally, or backlit, but no other part of the face of the canopy shall be illuminated. Variance (78-1478 (2)) Monument Signs. a. No more than one monument sign shall be permitted on any site except in cases where properties front more than one public street. For properties that front more than one public street, one additional monument sign may be permitted provided that the additional monument sign does not exceed half the size of the maximum sign area allowed for a monument sign in the underlying district. b.The sign area of a monument sign shall only be calculated using one side of the sign. If the two sides are different sizes,the larger side shall be used for determining sign area. c. Monument signs shall be located at least five feet from any property line and shall not project over the property line. Clear vision shall be maintained from all streets and driveways. d.The total area of a monument sign shall not exceed 1.5 times the permitted sign copy • area of a monument sign.The total sign area includes all sign copy,graphics, and FILE#LA21-000035 May 17,2021 Page 4 of 6 structure. • Variance (78-1479) Changeable message sign. No more than 35 percent of the actual sign area of a permitted sign in a non-residential district shall be capable of displaying changing messages.The remainder of the sign area shall not have the capability to change messages even if not used. 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. 14,when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located.The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. According to MN §462.357 Subd. 6(2)variances shall only be permitted when: • 1. The variance is in harmony with the general intent and purpose of the Ordinance. The intent of the ordinance is to establish a comprehensive and balanced system of sign control that accommodates the need for a well-maintained, safe, and attractive community, and the need for effective communications, including business identification. The second free standing sign accommodates that goal, as does the additional canopy signs. The more than double sign area is not consistent with the intent of the ordinance. 2. The variance is consistent with the comprehensive plan.The use of the property, and its inherent signage,is consistent with the Comprehensive Plan. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; There is two freestanding signs on the property, replacing and relocating one of them is reasonable. The number of canopy signs is reasonable, given that the sign area Is a modest increase over the existing levels of signage. The sign area proposed, and the backlighting of the canopy is not supported. b. There are circumstances unique to the property not created by the landowner; The multiple uses of the property and the variance history for two free standing signs are unique,supporting the need for a second free standing sign. Variance history does support signage above the 45sq ft, but not to the 95 sq ft level. Further,the design of the canopy has three sides that are visible from the street, and could support the uniqueness argument. and • FILE#LA21-000035 May 17,2021 Page 5 of 6 • c. The variance will not alter the essential character of the locality. The proposed signage, including the second free standing sign, will fit into the commercial character of the corridor. 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 alone 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. 17, 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 signage is a permissible accessory use in the B-1 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 unique use of the property as a mall with multiple uses supports the need for two free standing signs. The enhanced aesthetics of the sign structure supports the monument sign area. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. There are no similar parcels in this area, in Orono. There are three • other gas stations in Orono, in the Navarre neighborhood. Further west on Wayzata Blvd, there is a gas station; that station is in Long Lake. Other buildings with multiple tenants are in Navarre,and none of them include a gas station. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. A second sign for the gas station use is necessary. The use and enjoyment can be preserved with a smaller sign. 11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. The updated, signage will aid in the provision of information to the traveling public, necessary for health and safety. 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 states that variances are necessary to provide for competitive signage. The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Public Comments To date, no public comments have been received. Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? FILE#LA21-000035 May 17,2021 Page 6 of 6 • 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 a second sign, and approval of a 2nd and 3rd canopy sign at 12.7 sq ft each. Staff recommends denial of the sign area of the second sign to be larger than 45 sq ft, and for the canopy to be back lit. List of Exhibits Exhibit A. Application Exhibit B. Practical Difficulties Documentation Form Exhibit C. Proposed Plans and Elevations Exhibit D. Applicable sign regulations Exhibit E. Resolution 4420 Exhibit F. Resolution 2073 Exhibit G. Site Pictures Exhibit H. Mailing information S IP Land Use Application Summary • Application Date: 04/21/2021 Address: 2160 Wayzata Boulevard West Orono,MN 55356 Parcel Number: 3411823210002 Land Use Number: LA21-000035 Application Submitted By: Agent on behalf of property owner Owner: Name: ORONO STATION WEST LLC Address: 2160 W WAYZATA BLVD ORONO,MN 55356 Applicant: Name: Darrin Rosha Company: Rosha Legal Group, PLLC Address: 2160 West Wayzata Boulevard Long Lake, MN 55356 drosha@roshalegal.com Contact Information: Associated Contact: Associated Contact: Associated Contact: Associated Contact: Project Description: Updating Signage Land Use Application Type: Amendmend Application Appeal of Admin Decision Concept Application Conditional Use Permit I Site Plan Application Subdivision Application Subdivision Exception r i Vacation Application Variance Application --_ Applicant Signature: • PRACTICAL DIFFICULTIES DOCUMENTATION FORM LA21-000035 11111 1. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter. Response: The property owner intends to update commercial signage in a tasteful and appropriate way consistent with the commercial nature of the property. Modifying canopy signage and lighting and replacing an outdated front-of-building sign will improve the success of the business and improve the appearance of the business and surrounding community. The proposed signage improvements are technically inconsistent with the current Zoning Chapter in limited ways that are not inconsistent with the purpose of the chapter or the comprehensive plan. The height of the canopy sign would be 30 inches, which is within the ordinance. Rather than two signs of 20 square feet, the canopy would be 3 sides at 12.7 square feet. The freestanding sign would be 97.6 square feet which exceeds the current ordinance and prior variance resolution with a vertical separation monument area of 141 square feet, which exceeds the current condition or the ordinance limitation of 67.5 square feet. 2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. Response: The property is located at an unusual angle along West Wayzata Boulevard. The variance is necessary to improve visibility for an Orono-based gas station/ convenience store, especially in the case of the canopy which is uniquely visible from three sides. The new in-front signage is effective for traffic in each direction, and it permits the changing of prices remotely rather than by ladder during snow, rain, or wind storms. 3. The variance, if granted, will not alter the essential character of the locality. Response: The new signage is consistent in size and character with the existing signage, with the variance serving to improve function and safety and improve the overall character of the commercial strip along West Wayzata Boulevard. 4. Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter. Response: The intended signage is not a result of economic considerations, per se, but intended to improve the appearance and effectiveness of the signage to support commercial operations consistent with the City's plans. 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 116).06, Subd. 2, when in harmony with this Chapter. Response: N/A • 6. The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not allowed under this Chapter for property in the zone where the affected person's land is located. • Response: N/A 7. The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. Response: N/A 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. Response: The layout of the buildings on the property are unique and give rise to and support for the variance request. 9. The conditions do not apply generally to other land or structures in the district in which said land is located. Response: The subject property is the only one of its kind on the Orono side of Wayzata Boulevard West. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Response: The variance is essential for safety and commercial success purposes related to the • subject property. 11. The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code. Response: The granting of the variance will improve those factors. 12. The granting of such variance will not merely serve as a convenience to the applicant but is necessary to alleviate demonstrable difficulty. Response: Granting of the variance will have a substantial and necessary effect on the current difficulty posed by the current signage. S dill PC Exhibit B-1 LA21-35 445456-1 • Notes: V10 7'System Overall Sign Height:240.06" Chassis Height:165.06" Chassis Width:85.12" Chassis SQ Footage:97.6 �°- � Pole Height:230" Illuminated Cladding Detail 1:Marathon Logo Size:69.06" MARATHON ********************* I) Detail 2:LED Pricer-1 Product Size:64.5" GaswMs Line 1: °° STP Digit Size:24" REGULAR Adddrvsa Digit Color:Red ********************* , Detail 3:Imprint il1-J 4Size:21.5" r Ti Custom r - .. -- 1 1 ail Utility Trough SizeDet:104:" ********************* O 1—/ 0 Electrical Service Camping-5.55 Amps 4111 - STAT_ N Pricers-9.58 Amps (2)20 Amp Circuits REQ h } CUSTOMER PROVIDED EMC 3'8"x 5'6" DISCLAIMER:Renderings are for graphic purposes only and not intended for actual construction dimensions.For rdndload requirements,actual dimensions,and mounting detail,please refer to engineering specifications and install drawings. ; .Everbrite ,..® These drawings and designs are the exclusive property of Everbrite LLC.Use of,or duplication in any manner without express written permission of Everbrite LLC,is prohibited. Customer: MARATHON Description: Customer Approval:Graphics and colors on file will be used unless otherwise specified by customer.Please review drawing carefully.By signing Project No: 445456-1Scale:: below,you agree to graphics as shown above,and to location of sign as shown.Please return signed copy back to Everbrite. nate: 03/15/3021 1Drawn By:J.Goldsmith ______ Location&Site NO.: Revised: CUSTOMER SIGNATURE DATE M A 21 6 O A D R Revised: LANDLORD SIGNATURE DATE io N t, r4.- M .5.."' (.:'2 C) a i1I ij11 �� >. = � �� o. iFIl! V > ` i a a ' a 1 11111111111111111111,111•11111Ili a c O 11 -I mosotwoom < d 'E C v I i IPC i a 3 °! N 1 {11 ; pad 03 E : 1 I OM I - L £ E_ v st1Il il E 1 +, ill g I Rn nq 1, I .1 u '9 u o o, 5 " 3 � t, eE ) X — ate.. .. Y X w w_ Y N l b W t c•- V V e ...+ V ¢ S d ._ V L N rO N r0 y� 'O l/1 M Q m m '- CC ? m 6 S F T r1 w Ii 4 , -; t' O,D H r &ti11167 Z 1: ,t : f 1 4,,,....4.410,- . 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N O U N 0 0 N _ on N N N 4_, C ..--.4 G 0- 7. a c-i O .ti on ,v V oa •7 N 03 C pl 7 X .--I m .N.. a a, j os L C OC O s- "0 Q a- 0. < N a ..V l LL O as ec V O a c c i rtsc 7 •f0 Q W 01 N 00 mc m c v '6 y to mN CO N m V N LI O 1 m `, (7 W N ca F2 u 'a a. f6 OCO 2 m MO ie O 000.- c = N c c O N �• u Q .v w o \ v to O = n N ,O 1 \ 0, r0 N `-, O L0 N 4 .0 -. u V In In in o- Cr'n w O c- cm T cn ti u co N E C N a a o m co c -' v c N o v j6 0o 4- T > C O. . p 00 0 m O .7..--, up v c L'-' N Q v N v a o C d Q _ C - 00 -j 00 00 - E a) 00 - 00 m o ? 0 'v� E 01 N (p U C d 0] C L A 3 C c Q O f0 '''>2 � 'Q a 0 (O ac-. o Cro O O tD ti 04 0' Q Q] U F d = VI .z U d 0 CW y 00 3 E in ca FO- r1 N CO Cr 1n )O N CO Ol O .ti N m V Vt LO f� co .--I .-1 .-i c-I c-1 c-1 .-i ci .-i (4?,, • CITY of ORONO i;1 1C Cf RESOLUTION OF THECITY COUNCIL �ESH.O4 • f NO. - 4 _'• 0 A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.61, SUBDIVISION 3 (A) Metro Legal Services IncFILE NO. #2530 Box 491 WHEREAS, William W. Wear and Mable Wear (hereinafter "the applicants") are owners of the property located at 2160 Wayzata Boulevard within the City of Orono (hereinafter "the City") and legally described as follows: The West 200 feet of that part of the East Half of the Northwest Quarter of Section 34, Township 18, Range 23 described as commencing at the Northwest corner of said East Half of the Northwest Quarter; thence due south (assumed bearing) along the West Line of said East Half of the Northwest Quarter a distance of 1311.29 feet; thence South 87 degrees 41 minutes East, 545.87 feet to the point of beginning; thence North 87 degrees 41 minutes West, 200 feet; thence North 2 degrees 19 minutes East, 188.93 feet; thence North 87 degrees, • 41 minutes West, 200 feet; thence South 2 degrees 19 minutes West, 334.96 feet to the Northerly right of way line of State Highway No. 12; thence South 69 degrees 41 minutes East along said Northerly right of way line 45.94 feet; thence Easterly 364.3 feet along said Northerly right of way line being a tangential curve to the left having a radius of 1587.28 feet to an intersection with a line bearing South 2 degrees 19 minutes West from the actual point of beginning; thence North 2 degrees 19 minutes East, 232.24 feet to actual point of beginning, according to the Government Survey thereof. (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 October 18, 1999 and November 15, 1999 at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.61, Subdivision 3(A) and (D) to permit total signage on the property Page 1 of 7 • .s, 04,. (C ,,,, 0 ,. CITY of ORONO ��9 ���,� 4Gti RESOLUTION OF THE CITY COUNCIL EsiiO4 NO. 4 4f to be 380 s.f. where 200 s.f. is allowed for this property in the B-1 zoning district and to permit an encroachment of 6 feet into the front yard setback. This signage plan requires the following variances to the B-1 zoning district standards for signage. Section 10.61, Subdivision 3 (A) - Allowed area for signage in the B-1 district. Allowed = 200 s.f. Proposed = 380 s.f. Variance = 90% Section 10.61, Subdivision 3 (D) - Front yard setback for signs in the B-1 zoning district. Allowed = 10 feet Proposed = 4 feet NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, 0 Minnesota: FINDINGS 1. This application was reviewed as Zoning File #2530. 2. The property is located in the B-1 Business District. 3. The Orono Planning Commission reviewed this application on November 15, 1999 and recommended approval on a vote of 6 to 0 for a variance based upon the following findings: A. The use of the property is more in conformance with that listed in the "B-3" Shopping Center District. If the property is zoned B-3 the lot would be allowed 380 s.f of sign space. A variance could be justified based on the use of the property is similar to that of a property in the B- 3 District. The Planning Commission noted in 1986 the applicable B-1 zoning standards are not compatible with existing shopping center use and since 1980 B-3 shopping standards were found more appropriate when considering signage needs of the property. B. The Conoco station, as well as many other tenants, use an exterior ill Page 2 of 7 /i (O 64-4 • to CITY of ORONO A "< i;,l to �G'� RESOLUTION OF THE CITY COUNCIL �/CESH.04' NO. 4 4 2 0 entrance rather than a typical interior entrance associated with other malls. It may be appropriate to approve additional signage based on this need. C. Highway 12 will be relocated from the existing location reducing the amount of regional traffic to local traffic. The signage along old Highway 12 should be in character with the local traffic use and pedestrian users. D. The Conoco pylon shall not be located closer than 10 feet to any lot line. 4. The existing pole for the previous pylon sign is located on the front property line. The proposed sign would be located 4 feet from the property line. The sign could not replace the existing pylon and meet the required setback from the front property line. If the pylon is located off the property line 10 feet it would be located in an existing drive and parking area. The sign could have been • relocated further to the west, however relocating the sign would require the only tree remaining on the property to be removed. The tree would obstruct the view of the sign for westbound traffic. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting 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 applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 6. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. i Page 3 of 7 ! 44?4) 4:-. 11i.c, ^s: tip- CITY of ORONO A -1441.l�� ti It I ��1Wlif G~ RESOLUTION OF THE CITY COUNCIL r ;� ��kESIiD4� NO. 4 4 F` 07 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 10.61, Subdivision 3(A) to permit total signage on the property to be 380 s.f. where 200 s.f. is allowed for this property in the B-1 zoning district and Section 10.61, Subdivision 3 (D) to permit an encroachment of 6 feet into the required 10 foot setback. This signage plan requires the following variances to the B-1 zoning district standards for signage. Section 10.61, Subdivision 3 (A) - Allowed area for signage in the B-1 district. Allowed = 200 s.f. Proposed = 380 s.f. Variance = 90% • Section 10.61, Subdivision 3 (D) - Front yard setback for signs in the B-1 zoning district. Allowed = 10 feet Proposed = 4 feet 1. The signage on the property shall be limited to 180 s.f. of signage for the building. a) Two 2.5' x 8' conoco logos, one each for the east and west sides of the canopy = 40 s.f. b) 140 s.f. of signage limited to each tenant in the building's name or logo. No individual sign shall be greater than 30" in height and shall be located above the entrance(s) for each current tenant. 2. One east pylon shall be allowed for the Conoco Station. The pylon shall be allowed one 2.5' x 8' = 20 s.f. conoco logo, one 1.5' x 6' tenant's name for the gas station = 9 s.f., three lines identifying types of gasoline for sale and price 21 s.f. and 1.5' x 6' two line, changeable reader board = 9 s.f.. 41111 Page 4 of 7 • O O CITY of ORONO �� 17 � � RESOLUTION OF THE CITY COUNCIL ‘41.CESH�4 NO. 4 4 s `0 3. One west pylon shall be allowed six plaques 2.5' x 7.5' = 18.75 s.f. x 6 plaques = 112.5 s.f. one individual plaque is allowed per current tenant, limited to tenant's name or logo and one logo sign 5' x 7.5' 37.5 s.f. to identify the shopping mall, not to exceed 141 s.f. as exists the date of this resolution. 4. All signage for the property shall be in conformance with the conditions set forth in this resolution by March 31, 2000. 5. 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 (February 14, 2001). 6. 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. 7. 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 5of7 • 7,i ,13.-O _ . O _- �� CITY of ORONO � ,'�11,�R1��,. ti ��l ' i�^jl �Gti RESOLUTION OF THE CITY COUNCIL �ESH04 NO. 4 4 2 t� Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 14th day of February, 2000. ATTEST: , } �.. : I 0 Linda S. Vee, City Clerk Gabrie Jabbour, Mayor ���� 327 4'). Property Owners • STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 14th day of February, 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. `, "a.w MAR';'Af1N JOHNSON /�� /11/i / C --�� -4 `` NOTARY PUBLIC-MINNESOTA � 5,: PLidlic My Commission Expires Jan.31,2005 `� Notary G'. —rJ.c.... . . lYJI • Page 6 of 7 , _ O O 4 o..ey. • -,, CITY of ORONO a ›. la. ` O 11'" 0 RESOLUTION OF THE CITY COUNCIL �EsH0S:ki) NO. 4 _ �' 3 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this .7 rh day of , dip;/ ,200 o before me a Notary Public within and for said county, personally appeared W;i/,.q m t,t.%, We q,e. rrra ,e/et.6,,-C 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. "<.' Ott, MARY ANN JOHNSON 1:;:• ��, v! �r ,��_ NOTARY PUBLIC•MINNESOTA �^ c -,Y., M,Comm n Expp:es Jan.31,Zoos Notary Public F�/✓!�•C STATE OF MINNESOTA ) • ) ss. COUNTY OF HENNEPIN ) On this s2 Sthday of A • ,-(i / ,200 L before me a Notary Public within and for said county, personally appeared /Ylaj)f I vJ ec e , m a few; ece 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. +�'^�'o M R'i A..•::�JOHNSON Notary Pub1 c \ h , : 0. NOTARY PUBLIC•MINNESOTA My Commission Expires Jan.31,2005 I 4111 9 r, Pag 7 of 7 ro o n• ri s- C) r ,016:r.;• f1:t 4 City of ORONO 411, aIYR'i,1.41,* RESOLUTION OF THE CITY COUNCIL witYi * NO. 2073 ORONO TIMM A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 10.61, SUBDIVISION 3 (A) & (D) , ORDINANCE 13, SECOND SERIES FILE #1000 & 1009 WHEREAS, William Wear (hereinafter "the applicant") is the owner of the property located at 2160 Wayzata Boulevard within the City of Orono (hereinafter "City") and legally described as follows: Section 34, Township 118, Range 23; Commencing at a point in Northerly line of State Highway No. 12 distance 149.05 feet Easterly as measured along said Northerly line from West line of East 15 of Northwest 1/4 thence North 2 degrees, 41 minutes, 23 seconds East distance of 334.52 feet; thence South 87 degrees, 18 4111 minutes, 37 seconds East distance 200 feet; thence South 2 degrees, 41 minutes, 23 seconds West to Northerly line of said highway; thence Westerly along said Northerly line to beginning (P.I.D.: 34-118-23 21 0002), (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for variances to Municipal Zoning Code Sections 10.61, Subdivision 3 (A) & (D) and Ordinance 13, Second Series seeking approval of a staged comprehensive signage plan prior to the completion of the Highway 12 Planning Study requiring modifications in existing signage, allowing the installation of a second, independent pylon and limiting building signage at 288 s.f. (12 tenants each allowed a 2'x12' location sign) , this signage plan requires the following variances to the B-1 Commercial Zoning District standards: Ordinance 10.61, Subdivision 3 (A) - Allowed Area For Signage Allowed = 200 s.f. Proposed = 573 s.f. Total Signage Area Proposed Variance = 373 s.f. or 187 % • Ordinance 10.61, Subdivision 3 (D) - Allowed Height For Signage Allowed = 22 feet Proposed = 26 feet Variance = 4 feet or 18% NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, 41p0 Minnesota: Page 1 of 5 • ' Y,�f City of ORONO 111 � RESOLUTION OF THE CITY COUNCIL err eb1T.Y ' s NO. 2073 ORON' FINDINGS 1. These applications have been reviewed as Zoning Files #1000' & 1009. 2. The property is located in the B-1 Commercial Zoning District. 3. The Orono Planning Commission reviewed application #1000 on December 16, 1985 and application #1009 on February 18, 1986, and recommended approval of the multiple variances sought by the applicant based upon the following findings: A) The location, height and size of the directory sign will not impair sighting at the accesses to the shopping center and poses no hazard to the safety of the general public. B) The applicable B-1 zoning standards are not compatible with existing shopping center use and since 1980 B-3 0 • shopping standards were found more appropriate when considering signage needs of the property. C) The specific design of the structure with elongated sides and minimal building area facing the street is unique to this property requiring special signage. D) The highway is curved *along the street frontage of the property and the two curb cuts at the extreme edges of the property create special signage needs. E) The majority of tenants have direct accesses from building and not via an interior mall requiring special signage needs. 4. 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 variances on the health, safety and welfare of the community. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting 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 0 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. Page 2 of 5 • • 4._ City of ORONO • "= RESOLUTION OF THE CITY COUNCI L NO. 2073 ORONO. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants variances to the Municipal Zoning Code Section 10.61 , Subdivision 3 (A) & (D) and Ordinance 13, Second Series seeking area and height variances and a variance to the temporary limited development ordinance subject to the following conditions: 1. The City Council hereby approves a staged comprehensive signage plan for the property: A) Total Signage Area: Building Signage (12 x 24 s.f. ) = 288 s.f. Pylon Plaques (12 x 18.75 s.f. ) = 225 s.f. Logo Area (5 ' x 7.5 ' ) = 37.5 s.f. Time/Temperature Area (3 ' x 7.5' ) = 22.5 s.f. TOTAL- SIGNAGE AREA = 573 s.f. B) Theproperty is limited to two 26 feet high pylons described as the west "Logo" pylon and the east "Time/Temperature" pylon, the areas of each pylon are designated as follows: 1. West Logo Pylon - 6 Plaques (2.5 ' x 7.5 ' = 18.75 s.f. x 6 ) = 112.5 s.f. 1 Logo Sign (5 ' x 7.5' ) = 37.5 s.f. TOTAL SIGNAGE AREA = 150 s.f. 2. East Time/Temperature Pylon 6 Plaques (2.5 ' x 7. 5 ' = 18.75 s.f. x 6) = 112.5 s.f. 1 Time/Temperature (3' x 7.5 ' ) = 22.5 s.f. TOTAL SIGNAGE AREA = 135 s.f. 2. The existing west "Logo" pylon must be altered to meet approved 26 foot height by May 10, 1987. The east and west pylon must be identical and constructed of similar material. Building permits are required for the installation of the east pylon and proposed modifications of west pylon. Each tenant shall be allowed one plaque area space but in no case shall any one tenant be allowed to exceed 37.5 s.f. of single signage or the combined area of two approved plaque signs on each pylon. 3. Building signage shall be limited to current tenant's name or logo. Building signage must be brought into conformance by May 31, 1989. Page 3 of 5 • . City of ORONO :,. .F �'': '}'�� ""R RESOLUTION OF THE CITY COUNCIL CITY + OF; NO. 2073 ORONO 4. All additional signs in front island or landscape area are to be removed. The use of temporary portable signs is discouraged until the final code and comprehensive plan amendments have been completed. The use of temporary signs is limited to 3 to 5 day periods and requires a permit from the City. 5. The City Council places the owner on notice that he (she) is solely responsible for the maintenance and implementation of this staged signage plan and that violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 6. Authorities granted by these variances run with the property not with the applicant, but are permissive only and must be • exercised by application for a building permit within one year of the date of Council approval, or these variances will expire on that date (November 10, 1987). 7. 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. Adopted by the Orono City Council on this 10th day of November, 1986. ATT: / 4,154/15, `W%j\I i'I othy 41 allin, City Clerk Mary C. B er, Mayor AO," ` 110111100' 73/ Property Owner(s) • Page 4 of 5 City of ORONO '. RESOLUTION OF THE CITY COUNCIL 1; 1,,Y1' '+ .. y: NO. 2073 ST, OR,' ;N'NESOTA ) - ) ss. COUNTY OF HENNEPIN ) On this 11 day of )00 Cfevn.h-e.r , 1986 before me a Notary Public within and for said county, personally appeared tail/0.44J GJeo„r- d' table J l, kour 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. C-1) :LL---0--- ( 4i9-1--- ; ` � THERESA L. NAAB NOTARY PUBLIC NOTARY PUBLIC- MINNESOTA ' ' x' HENNEPIN COUNTY • My oommisalon expires 9-8-s - lbMY COMMISSION EXPIRES • STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this day of , 1986, before me a Notary Public within and for said County, personally appeared 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. NOTARY PUBLIC MY COMMISSION EXPIRES Page 5 of 5 j j 0 k 4 i 21111111111111111N MIL . i vis 1 I 111111110111111r N OW . , - ` . 1011111001M is ".x Ee„" g, , . .. a 2 � e®�f waramprammir . r+ Sf ai) 1 , . i is 4 r,..,.. ..._ , iimiiiii___:______ _______._...a._ 94111* i' 04 4140 1 i 4 , 0 i9 a i t i • b' IMO NIIIIII 'rte i aim 1.1111 1.0101011111111111 uolrgIIIIIII o 1:: ==IIIIIIIIIINMIIIIIIIIIIIIIIIIIIIIIII. '1•11110111111 `'Ire � ; i. 104 it ce, cop era 1 Nell C� I $ ffi. I I N .., , a ‘ villw co f ,, %'*, siommossii mig'= ----I Ni. 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CIi `2e , +}y e � • , is .. 1� i '� 1 • ii, IVo To: Chair Kirchner and Planning Commission Members Adam Edwards, City Administrator A ,>.,ti A. G.. From: Jeremy Barnhart,AICP, Community Development 4kESHORI` Director Date: May 17, 2021 Subject: #LA21-000028, City of Orono Text Amendment related to signs Public Hearing Application Summary: The City is proposing amendments to the city code, in particular the sign code, to clarify regulations, or to provide for signage more consistent with community expectations. Staff Recommendation: Planning Department Staff recommends approval as drafted. Background The city completed a comprehensive review of the sign ordinance in 2018, in an attempt to be content neutral. Occasionally, however,signs are defined by what they say(i.e. real estate for sale signs). III In the application of the ordinance since then, staff has identified certain regulations that are unclear to the lay person, or overly restrictive,and this ordinance is intended to address those concerns. The proposed changes are provided in Exhibit A. Proposed deletions are struck-through, and new text is underlined. Overall, changes are shown in red. Analysis: More prominent changes include: • Revised definition of Incidental signs to include examples,for clarity. (line 97) • Revised definition of Monument signs to remove the height restriction in the definition. (lines 104-105) • Revised definition of Portable signs to better reflect the types of signs observed. (lines 117-126) • Revised definition to Public sign, changing it Regulatory or Directional Sign. Intended to address traffic control signs placed on private roads, and signs placed by the city, county,or park district. (lines 129-131) • Removed prohibition for signs attached to utility poles,trees, street signs, etc. as these features are typically(with the exception of trees), in the right of way, duplicating#6. (line 236) • Removed the word 'permanent'from prohibited outdoor advertising signs. This regulation is intended to only allow for the advertisement of items or service offered on • the property. (line 237) • Added examples of non-residential uses in residential districts,for clarity(line 247) FILE#LA21-000028 May 17,2021 Page 2 of 2 III■ Increased the allowable canopy signage area from 25 to 50 feet to better reflect industry expectations. (lines 265-266) • Amended Table 1 to increase the height of monument signs in the business districts to 18 feet, and removed the maximum coverage for window signs, related to the building façade because it is an extra level of regulation beyond what is necessary. (Table 1) • Amended dynamic display to exclude time/temperature, and fuel price signs from the 35% changeable copy limit. Time and temperature are public service information, and fuel prices are necessary for gas stations, and using their allotment of changeable copy for fuel pricing is inconsistent with the intent of the ordinance. (lines 280-281) • Amended regulations for sale/rent/or lease signs, adding a paragraph b for clarity. (lines 334-342). • Amended the regulation for development construction signs, reducing the triggers where these signs are permissible. (lines 344-348) • Amended section 78-1373 which includes sign regulations that conflict with the sign ordinance. The proposed solution is to reference the Orono Sign Code. (lines 442-446) Public Comments To date, no public comments have been received. Issues for Consideration 1. Are the regulations (number of events/duration)for temporary sign permits appropriate 2. Are there any other issues or concerns with this ordinance? Planning Staff Recommendation • Planning Staff recommends approval of the ordinance modifications as drafted. List of Exhibits Exhibit A. Draft Ordinance Title VI-LAND USE Chapter 78-ZONING REGULATIONS • ARTICLE X.-SUPPLEMENTARY REQUIREMENTS AND RESTRICTIONS DIVISION 4.ORONO SIGN CODE 1 DIVISION 4. ORONO SIGN CODE1 2 Sec. 78-1465. Recitals. 3 This division shall be known,cited and referred to as the Orono Sign Code,except as referred to herein, 4 where it shall be known as"this division." 5 (Ord. No.2015 3rd series, §1, 9-10-2018) 6 Sec. 78-1466. Purpose. 7 Purpose.This Sign Code is intended to establish a comprehensive and balanced system of sign control that 8 accommodates the need for a well-maintained,safe,and attractive community,and the need for effective 9 communications, including business identification. It is the intent of these sign regulations,to promote the health, 10 safety,general welfare,aesthetics,and image of the community by regulating signs that are intended to 11 communicate to the public in all areas of the city. It is not the purpose or intent of this division to regulate the 12 message displayed on any sign.The purpose of this division is to authorize: 13 (1) Permanent signs which establish a high standard of aesthetics and are appropriate for the planned 14 character in each sign district as established in section 78-1478; • 15 (2) Signs that are compatible with their surroundings; 16 (3) Signs that are designed,constructed, installed,and maintained in a manner that does not adversely 17 impact public safety or create a hazard to motorists, pedestrians,or cyclists; 18 (4) Signs that are proportioned to the scale of,and are architecturally compatible with, principal 19 structures; 20 (5) Permanent signs which give preference to the on-premise owner or occupant; 21 (6) Temporary commercial signs and advertising displays which provide an opportunity to advertise while 22 restricting signs that create visual clutter and hazards at public right-of-way intersections; 23 (7) Minimize adverse effects on nearby property;and 24 (8) Provide for fair and consistent enforcement of the sign regulations set forth herein under the authority 25 of the city. 26 (Ord. No.2015 3rd series, §1,9-10-2018) 'Editor's note(s)—Ord. No.215 3rd series, §1,adopted Sept. 10,2018, repealed the former Art.X, Div.4, §§78- 1466Editor's note(s)--78-1468,and enacted a new Div.4 as set out herein.The former Div.4 pertained to signs and derived from Code 1984, § 10.61(1)—(3);Ord. No.97 2nd series, §§2,3,adopted August 26, 1991; Ord. No.221 2nd series,§5,adopted Sept.23,2002; Ord. No.6 3rd series, §§ 1, 2,adopted April 26,2004; Ord. No.32 3rd series, §5,adopted March 27,2006; Ord. No.35 3rd series, §§1,2,adopted Nov. 13,2006; Ord. No.70 3rd series, §1,adopted April 26, 2010; Ord. No. 193 3rd series,§1,adopted April 10,2017. • Orono,Minnesota,Code of Ordinances Created: 2021-04-05 11:46:26 [EST] (Supp.No.19,Update 1) Page 1 of 14 • 27 Sec. 78-1467. Findings. 28 Findings.The city finds it is necessary for the promotion and preservation of the public health,safety, 29 welfare,and aesthetics of the community to control the construction, location,size,and maintenance of signs. 30 Further the city finds: 31 (1) Permanent and temporary signs have a direct impact on and relationship to the image and aesthetic of 32 the community; 33 (2) The manner of installation, location,and maintenance of signs affects the public health,safety, 34 welfare,and aesthetics of the community; 35 (3) An opportunity for viable identification of community businesses, residences,and institutions must be 36 established; 37 (4) The safety of motorists,cyclists, pedestrians,and other users of public streets and property is affected 38 by the number,size, location,and appearance of signs that create a hazard for drivers; 39 (5) Installation of signs suspended from, projecting over,or placed on the tops of buildings,walks,or other 40 structures may constitute a hazard during periods of high winds and an obstacle to effective fire- 41 fighting and other emergency service; 42 (6) Uncontrolled and unlimited signs and sign types adversely impact the image and aesthetic 43 attractiveness of the community and thereby undermine economic value and growth; 44 (7) Uncontrolled and unlimited signs, particularly temporary signs which are commonly located within or 45 adjacent to public right-of-way or are located at driveway/street intersections, result in roadside 46 clutter and obstruction of views of oncoming traffic.This creates a hazard to drivers and pedestrians 47 and also adversely impacts a logical flow of information; • 48 (8) Commercial signs are generally incompatible with residential uses and should be strictly limited in 49 residential zoning districts; and 50 (9) The right to express noncommercial opinions in any zoning district must be protected,subject to 51 reasonable restrictions on size,height, location,and number. 52 (Ord. No.2015 3rd series, §1,9-10-2018) 53 Sec. 78-1468. Scope of regulations. 54 The sign regulations set forth in this division shall apply to all structures and land uses.This division describes 55 the signage standards for the sign districts that overlay the zoning districts of the city.Specific additional 56 regulations are established for signs which are unique in purpose and not easily addressed by district regulations. 57 No person, property owner, or lessee shall place, erect,alter, modify,enhance, or change in any way a sign that 58 does not conform to the requirements of this division and all other applicable regulations. 59 (Ord. No.2015 3rd series, § 1,9-10-2018) 60 Sec. 78-1469. Definitions. 61 For the purposes of this division,the following words and terms are defined as follows: 62 Auxiliary sign means a sign that provides direction for internal circulation, parking or entry, restrictions on 63 parking,security warnings, or other similar primarily noncommercial signs that are directed at people that are 64 entering, exiting,or on a particular property.Auxiliary signs do not include outdoor advertising signs. Created: 2021-04-05 11:46:26 [EST] • (Supp. No.19,Update 1) Page 2 of 14 • 65 Banner means any temporary sign of lightweight fabric or similar material mounted to a pole or a building at 66 one or more edges. 67 Billboard means see"Outdoor advertising sign." 68 Canopy/awning sign means a message or logo on an awning or canopy which is constructed according to the 69 requirements of the building code, is an integral part of the building,and is consistent with the architecture and 70 design of the building. 71 Clear vision area means an area within a triangle that is measured along the edge of the driving surface of 72 the road starting at the intersection of two roads and driveways(public or private)and extending 30 feet in each 73 direction from the intersection and then a line connecting these two end points. 74 Changeable message sign means a message that is not permanently attached to the sign face but is not a 75 dynamic display.The message is changed manually. 76 Commercial message sign means any message which identifies a business or product or promotes the sale of 77 any product or service. 78 Dynamic display means any characteristics of a sign that appear to have movement or that appear to change, 79 caused by any method other than physically removing and replacing the sign or its components,whether the 80 apparent movement or change is in the display,the sign structure itself,or any other component of the sign.This 81 includes a display that incorporates a technology or method allowing the sign face to change the image without 82 having to physically or mechanically replace the sign face or its components.This also includes,but is not limited 83 to, any rotating, revolving, moving,flashing,blinking, projecting,or animated display and any display that 84 incorporates rotating panels, LED lights manipulated through digital input, "digital ink,"or any other method or 85 technology that allows the sign face to present a series of images or displays. • 86 Freestanding sign means a self-supporting sign usually held up by uprights placed in the ground or any other 87 base that is anchored to the ground. 88 Grand opening means commencement of operation of a new business. For purposes of the ordinance,a 89 grand opening is considered to occur if there is a new business,a business name change or change in type of 90 business or activity. 91 Graphic sign means a sculpture attached to or sign painted directly on a wall that is primarily symbolic or 92 representational in nature and not alpha or numeric in content or copy. 93 Illuminated sign means any sign,which has characters,letters,figures, designs or outlines which are 94 illuminated by an artificial light source. 195 Incidental sign means any sign that is generally not understandable or readable from property other than 96 where the sign is located,such as from adjacent property or a public street,as determined by the city 97 administrator or their designee.Signs may include onsite wavfinding signs,gas pump signs, and menu boards. 98 Lighting,backlit means an illuminated sign where the light source which illuminates the wall behind 99 individual sign letters is hidden from view.The sign letters are opaque and appear as a silhouette against the 100 lighted surface. 101 Lighting, external means the sign is illuminated by means of external light fixtures directed at the sign. 102 Lighting,internal means an illuminated sign having the source of illumination located inside a translucent 103 panel and is not directly visible. 104 Monument sign means a freestanding sign with its sign face mounted installed on the ground with the sign 105 copy er—mounted on a base at least as wide as the sign and is less than 16 feet in height. 106 On-premise sign means a sign whose message is related to the property or the activity and use occurring on 107 the property on which the sign is located.On-premise signs include multi-tenant identification signs that may • Created: 2021-04-05 11:46:26 [EST] (Supp.No.19,Update 1) Page 3 of 14 108 advertise tenants on different property provided such tenants are within the same approved PUD and parking is 109 shared between properties. 110 Outdoor advertising sign means any sign that is located outdoors and that advertises a product, business, 111 service, event,or any other matter that is not available, or does not take place,on the same premises as the sign. 112 Outdoor advertising signs are commonly called billboards.An outdoor advertising sign does not include a sign that 113 is not readily understandable or readable from property other than where the sign is located,such as from 114 adjacent property or a public street,as determined by the city administrator or their designee. 115 Permanent sign means any sign that is not temporary. 116 Pole sign means a freestanding sign that is elevated off the ground by one or more poles. 117 Portable sign means a temporary sign whose principal supporting structure is intended, by design and 118 construction,to be used by resting upon the ground for support and may be easily moved or relocated for reuse. 119 Portable signs include,but are not limited to,A-frame or T-frame signs,sandwich signs,signs mounted on a trailer, 120 bench,wheeled carrier,or other non-motorized mobile structure with or without wheels. 121 . . -- • - • - : - _ - - - - - . - - •_ -- . - - . 122 portable signs include,but arc not limited to:A frame or T frame signs,sandwich signs;signs designed to be 123 transported by trailer or on wheels;and signs mounted on a vehicle for advertising purposes,except signs 124 - •- -- • 125 may be a portable sign even if it has wheels removed,was designed without wheels,or is attached to the ground,a 126 structure, or other sign. 127 Projecting sign means a sign,other than a wall sign,that is attached to and projects more than 18 inches 128 from the building facade. 129 Public sign Regulatory or Directional Signs means a traffic control sign in Minnesota State Statutes; any 130 identification sign installed on public propertyin a public_pack-by a public authority;and any other identification, • 131 regulatory, or warning sign approved by the city council for installation on public or private land. 132 Re-facing means the process of replacing the sign copy, message, logo,or graphic on a sign without altering 133 or moving the structure to which the sign face is attached. 134 Roof sign means a sign that is mounted on the roof of a building or on a parapet wall that is above the roof 135 line. 136 Rotating sign means a sign or a portion of a sign which moves in a rotating,oscillating or similar manner 137 other than changing signs. 138 Service area canopy means an open air roof-like structure that projects from the wall of a building or is 139 freestanding and is for the purpose of shielding equipment and/or people from the elements; is often found 140 covering service or gasoline station islands. 141 Sign means any written message, pictorial presentation, number,illustration, decoration, banner or other 142 device that is used to announce,direct attention to, identify,advertise or otherwise make anything known. For 143 purpose of maintenance or removal,the term "sign"shall also include frames and support structures. 144 Sign area means the area in square feet of the single smallest rectangle,circle, or triangle that contains the 145 sign copy. 146 Sign height means the distance measured perpendicular from the highest point of the sign structure to the 147 average grade at the base of the sign. 148 Temporary sign means a sign designed to be displayed for a limited period of time that is not permanently 149 affixed to the land or to a structure. 150 Wall sign means a sign attached to or erected against an exterior wall surface of a building or structure. Created: 2021-04-05 11:46:26 [EST] • (Supp. No.19,Update 1) Page 4 of 14 • 151 Window sign means a sign mounted inside of a building within the window area that is applied or fastened to 152 the window in a manner that is intended to be viewed from outside the building. 153 (Ord. No.2015 3rd series, §1,9-10-2018) 154 Sec. 78-1470.Application process. 155 An application for a sign permit shall be made on the city's permit platform.The applicant shall provide all 156 required information. 157 (Ord. No.2015 3rd series, § 1,9-10-2018) 158 Sec. 78-1471. Review process. 159 The city administrator or their designee shall approve or deny the sign permit application in an expedited 160 manner, no more than 30 days from the receipt of the completed application,including applicable fees.All 161 complete permit applications not reviewed within 30 days shall be deemed approved.Applicants shall be notified 162 in writing if the application is denied, including the reasons for denial. 163 (Ord. No.2015 3rd series, § 1,9-10-2018) 164 Sec. 78-1472. Appeals process. 165 Appeals shall be made as outlined in sections 78-96 through 78-99 no later than ten days following the 166 decision. • 167 (Ord. No.2015 3rd series, § 1,9-10-2018) 168 Sec. 78-1473. Fees. 169 Sign permit fees and the impoundment fee shall be set by the city council by ordinance from time to time. 170 (Ord. No.2015 3rd series, § 1,9-10-2018) 171 Sec. 78-1474. Inspection and enforcement. 172 (1) Inspection authority.All signs shall be subject to inspection by the city administrator or their designee,who is 173 hereby authorized to enter upon any property or premise to ascertain whether the provisions of this division 174 are being obeyed.Such entrance shall be made during business hours unless an emergency exists. 175 (2) Signs in Disrepair.The city administrator or their designee may order the removal of any sign that is not 176 maintained in accordance with the maintenance provisions of this ordinance. Upon failure to comply with 177 such notice within the time specified in such order,the city council may declare the sign to be a public 178 nuisance,impound it,and assess the cost of removal to the sign owner or the sign owner's agent. 179 (3) Impoundment of signs on public property or within public right of way.The city administrator or their 180 designee may,at any time and without notice, impound signs that have been installed on public property, 181 within the public right-of-way,or within a public easement that are in violation of this division.The sign 182 owner or their agent may retrieve an impounded sign subject to the following rules: • Created: 2021-04-0S 11:46:26 [EST] (Supp.No.19,Update 1) Page 5 of 14 183 a. Payment of an impoundment release fee.Any subsequent impoundment(s),within one calendar year, • 184 for a particular property or sign owner will require payment of double the initial impoundment release 185 fee. 186 b. Any impounded sign may be retrieved from the impounded area within three business days of the 187 impoundment or the city administrator or their designee may dispose of it.The impoundment area can 188 be located by contacting City Hall.Any cost incurred by the city for disposal of an impounded sign may 189 be assessed to the sign owner or the sign owner's agent. 190 c. The city shall have no obligation to notify a property owner that it has impounded a sign. 191 d. The city shall not be held liable for any damage to an impounded sign. 192 (Ord. No.2015 3rd series, § 1,9-10-2018) 193 Sec. 78-1475. Exempt signs. 194 All signs shall require an approved sign permit prior to placement except for the signs specifically noted in 195 this section. Exempted signs shall not reduce the permitted signage for a property.These exemptions shall not 196 relieve the owner of the sign from the responsibility of its maintenance and its compliance with the provisions of 197 this division or any other law or ordinance regulation the same. 198 (1) Government--Regulatory or Directional signs.All government Regulatory or Directional signs, including 199 but not limited to traffic control and other regulatory purpose signs,street signs, identification signs, 200 informational signs,danger signs, and railroad crossing signs. 201 (2) Non-commercial signs in an election year. Signs of any size containing non-commercial speech may be 202 posted in any number beginning 46 days before the state primary in a state general election year until • 203 ten days following the general election and 13 weeks prior to any special election until ten days 204 following the special election provided that the signs are in compliance with Minnesota Statutes. 205 (3) Address signs.Address identification signs not exceeding four square feet in area for each structure or 206 portion of a structure with an assigned address.Street identification numbers are required in all sign 207 districts and should be clearly visible from the street. 208 (4) Exempt residential signs. Properties in sign district 1 shall be allowed up to eight square feet of signage 209 provided that a single sign is no larger than six square feet,the signs are not illuminated,and 210 freestanding signs are at least five feet from any property line. 211 (5) Portable signs. Portable A-frame,T-frame,sandwich,or other similar signs that do not exceed six 212 square feet in size,are not illuminated,are located within 15 feet of the primary entrance to a building, 213 and are displayed only during the hours of business operation. No more than two of these signs shall 214 be in place at any given time. 215 (6) Incidental signs.Incidental signs or signs within a building provided the sign is not readily visible from 216 the public right of way and adjacent properties. 217 (7) Window signs.Window signs that are inside of a building shall not require a permit but shall be in 218 accordance with section 78-1478,Table 1. 219 (8) Non-commercial signs.Any sign display or device allowed under this section may contain any otherwise 220 lawful noncommercial message that does not direct attention to a business operated for profit,or to a 221 commodity service for sale,and that complies with the size, height,and lighting requirements of this 222 division. 223 (9) Change of copy. No permit shall be required to change the text of a sign provided the sign structure 224 and face is not otherwise enlarged, modified,enhanced or altered in any way. Created: 2021-04-05 11:46:26 [EST] • (Supp.No.19,Update 1) Page 6 of 14 225 (Ord. No.2015 3rd series, §1,9-10-2018) 226 Sec. 78-1476. Prohibited signs. 227 The following signs shall be prohibited in all sign districts: 228 (1) Signs with moving,swinging, revolving,or rotating parts. 229 (2) Freestanding pole signs. 230 (3) Roof signs. 231 (4) Projecting signs. 232 (5) Noncompliant signs.Any sign not constructed,wired,assembled,attached,or supported in 233 conformance with applicable building or other codes and regulations. 234 (6) Signs in the right-of-way.Signs in the public right-of-way except as provided for, by Minnesota 235 Statutes,or allowed by the agency regulating the right-of-way. 236 -{7) Signs attached to public utility poles,trees,street signs,stoplights,or fences. 237 (8) Permanent°Outdoor advertising signs,including billboards. 238 (9) Portable signs. Portable signs shall be prohibited,except for portable A-frame,T-frame,sandwich,or 239 other similar signs that do not exceed six square feet in size. 240 (10) Signs in the clear vision area. 241 (11) Signs imitating traffic control signs.Signs that are designed to resemble official traffic signs except signs . 242 which are used to control traffic on private property. 243 (12) Any sign,sign type,sign lighting,or sign technology not specifically listed as permitted in this division 244 shall be prohibited. 245 (Ord. No.2015 3rd series, § 1,9-10-2018) 246 Sec. 78-1477. Regulation by sign district. 247 For the purpose of regulating signs,the following sign districts are adopted: District Description 1 All residential properties zoned R-1A, R-1B, LR-1A, LR-1B, LR-1C, LR-1C-1, RR-1A, RR-1B, RR-1B-1, RS, PRD, RPUD 2 M-6,All nonresidential uses located in a residential district, including,but not limited to schools, places of worship, neighborhood identification features-_ 3 B-1, B-2, B-4, B-5, B-6 4 B-3 5 I, PID 248 (Ord. No.2015 3rd series, §1,9-10-2018) 4110/ Created: 2021-04-05 11:46:26 [EST] (Supp.No.19,Update 1) Page 7 of 14 249 Sec. 78-1478. Permitted sign type, area, height, and illumination by sign district. 250 All signs shall conform to the applicable standards in Table 1:Sign Standards by Sign District.The following 251 provisions shall also apply: 252 (1) Wall Sign.Wall signs shall not extend more than 18 inches from the wall they are attached to. 253 (2) Monument Signs. 254 a. No more than one monument sign shall be permitted on any site except in cases where 255 properties front more than one public street. For properties that front more than one public 256 street,one additional monument sign may be permitted provided that the additional monument 257 sign does not exceed half the size of the maximum sign area allowed for a monument sign in the 258 underlying district. 259 b. The sign area of a monument sign shall only be calculated using one side of the sign. If the two 260 sides are different sizes,the larger side shall be used for determining sign area. 261 c. Monument signs shall be located at least five feet from any property line and shall not project 262 over the property line.Clear vision shall be maintained from all streets and driveways. 263 d. The total area of a monument sign shall not exceed 1.5 times the permitted sign copy area of a 264 monument sign.The total sign area includes all sign copy,graphics,and structure. 265 (3) Service Area Canopy. Each edge of a Sservice area canopies y facing a street is are permitted up to 2-5 266 50 square feet of sign area in addition to all other sign area permitted on the site.Such signage may be 267 illuminated externally, internally,or backlit, but no other part of the face of the canopy shall be 268 illuminated. 269 (4) Awnings and Canopies. No part of an awning or sun canopy shall be less than eight feet or greater than • 270 12 feet above grade.Any sign area on the awning,if illuminated,will be deducted from the permitted 271 sign area.The fabric or material used for the awning or canopy must be opaque and no internal 272 illumination is permitted. 273 (5) Adult Use Signs. In addition to this division,all adult use oriented signs shall comply with the sign 274 requirements in the Sexually Oriented Business Ordinance. Table 1: Sign Standards by Sign District Sign Type District 1 District 2 District 3 District 4 District 5 Total Sign area on a parcel shall 1:1 1:1 1:1 1:2.5 5%of be in proportion to the lot building frontage on a street, described facade by the ratio: 1 foot of street frontage to X feet of sign area, unless otherwise noted WALL Maximum sign copy area — 6 sf 20 sf 60 sf 100 sf 45 sf single sign Max Height wall wall wall wall wall height height height height height Created: 2021-04-05 11:46:26 [EST] . (Supp.No.19,Update 1) Page 8 of 14 • Lighting (a) Not E/I/B E/I/B E/I/B E/I/B permitted FREESTANDING Type (b) M M M M M Total Maximum sign copy area 6 sf 32 sf 45 sf 45 sf 25 sf Max Height 8 ft. 8 ft. 42-18 ft. 20 ft. 8 ft. Lighting Not E/I/B E/I/B E/I/B E/I/B permitted GRAPHIC Total maximum sign area 8 sf 20 sf 60 sf 60 sf 45 sf Max Height wall wall wall wall wall height height height height height Lighting Not E/I/B E/I/B E/I/B E/I/B permitted WINDOW Maximum coverage area Not Not 35%of 35%of 35%of permitted permitted window window window area, not area .et area, not to to to exceed exceed exceed • 5%of 5%of 5%of 4341.144-Rg g boildifig facade facade facade AUXILIARY Maximum sign copy area per sign 8 sf 8 sf 8 sf 8 sf 8 sf Wall Height Not 4 ft. 6 ft. 6 ft. 8 ft. permitted Freestanding Height 4 ft. 4 ft. 6 ft. 6 ft. 8 ft. (a) E = external, I = internal, B = backlit (b) M = monument, P = pole (c) Single pole support only. 275 (Ord. No.2015 3rd series, § 1,9-10-2018) 276 Sec. 78-1479. Changeable message sign. 277 No more than 35 percent of the actual sign area of a permitted sign in a non-residential district shall be 278 capable of displaying changing messages.The remainder of the sign area shall not have the capability to change 279 messages even if not used. 280 a. Dynamic display that depicts time,temperature,or fuel prices only shall not be calculated as changeable 281 copy for the purposes of determining the 35%limit. 282 (Ord. No.2015 3rd series, §1,9-10-2018) • Created: 2021-04-05 11:46:26 [EST] (Supp.No.19,Update 1) Page 9 of 14 • 283 Sec. 78-1480. Allocation of permanent signs on multi-tenant development sites. 284 In multi-tenant buildings or sites,the permitted sign area and sign types,except for freestanding signs, may 285 be installed by each individual business establishment that has exclusive use of some portion of the street or 286 otherwise primary level of the building and direct access to the outside.Tenants located on the street or otherwise 287 primary level in a center with a common mall or atrium shall be considered to have direct access to the outside for 288 the purpose of this section.The management and ownership of any business establishment proposing to install 289 signage must be separate and distinct from the management and ownership of any other establishment in the 290 same building or on the same building lot. 291 (1) Multi-tenant buildings and properties sign allocation.Signage for establishments occupying a multi- 292 tenant building or site but not located on the street or primary level of the building must be provided 293 from the allocation of sign area and type to the occupants of the street or primary level of the building 294 as determined by the property owner. 295 (2) Freestanding signs on multi-tenant buildings and properties. For freestanding signs, a multi-tenant 296 parcel shall be considered one parcel and freestanding signs shall be permitted in accordance with 297 section 78-1478 Table 1. In the case of multiple tenant sites,the permitted freestanding sign area shall 298 be allocated by the property owner among its tenants. 299 (Ord. No.2015 3rd series, §1,9-10-2018) 300 Sec. 78-1481. Temporary on-premise signs. 301 All temporary signs shall require an approved sign permit prior to placing the sign and shall conform to the 302 following: • 303 (1) Temporary sign permit length.Temporary signs, including portable signs,streamers, pennants, 304 banners, inflatables,or other similar objects with a commercial message may be displayed on four 305 occasions per calendar year with a maximum of ten days for each occasion.The four occasions may be 306 used consecutively with one permit.Temporary sign permits are nontransferable to other properties or 307 establishments on the same property. 308 (2) Single occupant parcels. 309 a. No more than one permitted temporary sign shall be permitted at any given time.The area of the 310 temporary signage shall not exceed one half of the permitted sign area as allowed in section 78- 311 1478 Table 1 for a particular sign type in the underlying sign district. 312 b. Freestanding temporary signs shall only be permitted in districts where freestanding signs are 313 permitted as allowed in section 78-1478 Table 1. 314 (3) Multi-tenant parcels. 315 a. Each individual business establishment that has exclusive use of some portion of the street or 316 otherwise primary level of the building and direct access to the outside qualifies for the 317 temporary signs permitted in section 78-1481(1).Sign permits shall not be transferrable to other 318 business establishments. 319 b. Temporary wall signage may be permitted for each individual business establishment that has 320 exclusive use of some portion of the street or otherwise primary level of the building and direct 321 access to the outside.The total temporary wall sign area for each tenant shall not exceed one 322 half of the permitted permanent wall sign area as allowed in section 78-1478 Table 1. Each 323 business shall not have more than one wall or freestanding temporary sign at a time. Created: 2021-04-05 11:46:26 [EST] • (Supp.No.19,Update 1) Page 10 of 14 • 324 c. One temporary freestanding sign may be permitted for each individual business establishment 325 that has exclusive use of some portion of the street or otherwise primary level of the building 326 and direct access to the outside.The total area of all temporary freestanding signage for the 327 parcel shall not exceed one half of the permitted area of permanent freestanding signage for the 328 parcel as allowed in section 78-1478 Table 1.The total permitted temporary freestanding sign 329 area shall be allocated by the property owner or their designee among its tenants. 330 (4) Grand openings. New businesses with grand openings are eligible for one additional temporary sign 331 permit of any type permitted in the underlying sign district with an approved permit.The sign may be 332 in place for up to 30 days provided all other requirements in this section are met and the required 333 permits are obtained.This eligibility shall expire six months after the business opens. 334 (5) Sale,Rent,or Lease or vacant space. 335 a. Lots. Buildings or Parcels for sale, rent,or lease,or those with space for sale or lose may obtain a 336 temporary sign permit for one temporary freestanding sign per street frontage that 337 does not expire until seven days after the building-or parcel is leased or sold. 338 exceed 32 square feet in size and shall be used in place of a permanent wall sign.A freestanding sign 339 shall not exceed 32 square feet in size_All other provisions in this section 78-1481 shall apply. 340 b.Space. Buildings with space for sale,rent or lease may obtain a temporary sign that does not expire 341 until the space is leased or sold, provided that the sign is not-illuminated or greater than 32 square feet 342 in size. 343 (6) Residential,commercial, industrial developments. For the purpose of selling or promoting a residential 344 project, including its architect,engineer,developer,financer,or contractor of sic-three or more 345 dwelling units one sign not to exceed 48 square feet; a commercial area three acres or more,or an • 346 industrial area of ten acres or more,one sign not to exceed 86-48 feet of advertising surface may be 347 erected upon the project site.Such sign shall not remain after 90 percent of the project is developed. 348 One sign per street frontage may be permitted. 349 (7) Temporary sign height.A temporary sign shall not exceed the height limits listed in section 78-1478 350 Table 1 for a permanent sign of a particular sign type in a given district, including inflatable signs and 351 balloons. 352 (8) Sign installation.A temporary sign shall be secured and well-constructed so as not to create a hazard to 353 pedestrians or vehicles. 354 (9) Illumination.A temporary sign shall not be illuminated. 355 (10) Location.The permitted location of all temporary signs is subject to change as determined by the city 356 administrator or their designee in order to protect the public health,safety,welfare,and aesthetics. 357 (Ord. No.2015 3rd series, § 1,9-10-2018) 358 Sec. 78-1482. Sign standard adjustments. 359 Adjustments to the requirements and standards for the height, number,type, lighting,area,and/or location 360 of a sign or signs established by this division may be approved with a site plan review or planned unit development 361 process as described in Chapter 78,Article II, Division 4 and Chapter 78,Article VI of the Zoning Code. In order to 362 approve any sign standard adjustment,the following criteria of(1)or(2)shall be satisfied of this section,and the 363 necessary criteria of(3)shall be satisfied: 364 (1) There are site conditions that require a sign adjustment to allow the sign to be reasonably visible from 365 a street immediately adjacent to the site. 11111 Created: 2021-04-05 11:46:26 [EST] (Supp.No.19,Update 1) Page 11 of 14 366 (2) The sign adjustment will allow a sign of exceptional design or style that will enhance the area or that is 411 367 more consistent with the architecture and design of the site. 368 (3) The sign adjustment will not result in a sign that is inconsistent with the purpose of the zoning district 369 in which the property is located or the current land use. 370 (Ord. No.2015 3rd series, § 1,9-10-2018) 371 Sec. 78-1483. Maintenance and repair. 372 All signs shall be kept in good repair and free from peeling paint, rust,damaged or rotted support, 373 framework or other material, broken or missing faces or missing letters.Any structure from which a sign has been 374 moved or removed shall be repaired with materials and/or painted or stained to match the existing background. 375 (1) Sign permit not required.Activities not requiring a sign or building permit considered normal- 376 maintenance and repair and not requiring a sign or building permit shall include activities such as 377 replacing or repairing lamps,ballasts,transformers,trim,sign fasteners, nuts,or washers; painting the 378 pole or base of freestanding signs;and painting the cabinet of freestanding signs or building signs. 379 (2) Sign permit required. For any sign that required a permit,the following activities shall not be 380 considered normal maintenance and repair and a permit shall be required: 381 a. Removing the sign for the repair of the cabinet or any part thereof. 1382 b. Changes made to a sign's size or illumination, including, but not limited to, height,width,weight, 383 area,adding or removing illumination. 384 c. Changes in poles,structural supports, bases or shrouds,footings,or anchor bolts,moving the sign 385 to a new location,or replacement of the interior or exterior cabinet frame,except the sign face. • 386 (3) Building permit. A building permit may be required for any signs involving the construction of or 387 changes to a sign structure and/or electrical connections as determined by the building official. 388 (Ord. No.2015 3rd series, §1,9-10-2018) 389 Sec. 78-1484. Nonconforming signs. 390 It is the intent of this division that nonconforming signs shall not be enlarged or expanded, nor be used as 391 grounds for adding other signs or uses prohibited elsewhere in the same district. It is further the intent of this 392 division to permit legal nonconforming signs to remain provided that such signs are safe, maintained so as not be 393 unsightly, and have not been abandoned or removed subject to the following provisions: 394 (1) Nonconforming sign continuance.A legal nonconforming sign may be continued through repair, 395 replacement, restoration, maintenance,or improvement but shall not be expanded or moved to a new 396 location. 397 (2) Nonconforming sign discontinuance. If the use of the nonconforming sign or sign structure is 398 discontinued for a period of one year,the sign or sign structure shall not be reconstructed or used 399 except in conformity with the provisions of this division. 400 (3) Nonconforming sign damaged or destroyed. Should a nonconforming sign or sign structure be damaged 401 or destroyed by any means to an extent greater than 50 percent of its market value and all required 402 permits for its reconstruction have not been applied for within 180 days of when the sign or sign 403 structure was damaged,it shall not be reconstructed or used except in conformity with the provisions 404 of this division. Created: 2021-04-05 11:46:26 [EST] • (Supp.No.19,Update 1) Page 12 of 14 • 405 (4) Sign regulation conformance.Should a nonconforming sign or sign structure be permanently moved for 406 any reason for any distance,it shall thereafter conform to the regulations for the sign district in which 407 it is located after it is moved. 408 (5) Loss of nonconforming land use.An existing sign devoted to a use not permitted by Chapter 78,Article 409 IV of the Zoning Ordinance,in the zoning district in which it is located shall not be enlarged,expanded, 410 or moved except in changing the sign to a sign permitted in the sign district in which it is located. 411 (6) Loss of nonconforming status. When a building or use loses its nonconforming status, all signs devoted 412 to the structure or use shall be removed and all signs painted directly on the structure shall be 413 repainted in a neutral color or a color which will harmonize with the structure. 414 (Ord. No.2015 3rd series, §1,9-10-2018) 415 Sec. 78-1485. Severability. 416 If any section,subsection,sentence,clause or phrase of this division 4 is for any reason held to be invalid by 417 any court of competent jurisdiction,such decision shall not affect the validity of the remaining portions of this 418 division 4.The city council hereby declares that it would have adopted this division 4 in each section,subsection, 419 sentence,or phrase thereof,irrespective of the fact that any one or more sections,subsections,sentences, 420 clauses,or phrases be declared invalid. 421 (Ord. No.2015 3rd series, § 1,9-10-2018) 422 Secs. 78-1486-78-1490. Reserved. 423 424 425. Sec. 78-1373. - Gas stations. 426 Motor fuel stations in all districts shall be subject to the following performance standards: 427 (1) Fencing. A fence, wall or landscaping of acceptable design not over six feet or less than five 428 feet in height shall be constructed along the property line when the use abuts property residentially 429 used or in an R district, and the fence shall be adequately maintained. Application of this provision 430 shall not require a fence within the required front yard or within 15 feet of any street right-of-way 431 line. 432 (2) Surfacing. The entire site other than that taken up by a structure or planting shall be surfaced 433 with a material to control dust and drainage. 434 (3) Drainage. A drainage system subject to approval of the city engineer shall be installed. 435 (4) Curbs. A box curb not less than six inches above grade shall separate the public right-of-way 436 from the motor vehicle service areas, except at approved entrances and exits. 437 (5) Lighting. The lighting shall be accomplished in such a way as to have no objectionable direct 438 source of light visible from the public right-of-way or adjacent land in residential use. Created: 2021-04-05 11:46:26 [EST] (Supp.No.19,Update 1) Page 13 of 14 439 (6) Pumps. Pump islands shall be installed and conform to yard requirements. • 440 (7) Driveways. No driveway at a property line shall be less than 30 feet from the intersection of two 441 street right-of-way lines. 442 (8) Signs. Signs shall be as regulated in the Orono Sign Code. Each motor fuel station may have 443 _•" _ _ •- _ _ e-- - -- •_ _ - •_• -- •- _ - 444 within any yard; except that no part of the sign shall be less than six feet from a property line. No 445 part of the sign surface shall be less than 16 feet vertical distance from the grade of the nearest 446 driveway or parking areas. 447 (9) Sales prohibited. No sales of motor vehicles shall be permitted except as an integral part of a 448 new car agency. 449 (10) Number limited. Two stations only will be permitted at the same intersection. Two such 450 stations shall be permitted within each district without council approval. 451 (Code 1984, § 10.61(18)) 452 • Created: 2021-04-05 11:46:26 [EST] (Supp. No.19,Update 1) Page 14 of 14 o o 1vo To: Chair Kirchner and Planning Commission Members Adam Edwards, City Administrator A y A, From: Jeremy Barnhart,AICP, Community Development ikFSHoSL�` Director Date: May 17, 2021 Subject: #LA21-000034, Charles Schatz o/b/o Brook Investment Group, LLC, 3423 Shoreline Dr, Sketch Plan Application Summary: The applicant is requesting non-binding feedback on the proposed plat to create one new buildable lot at the SW corner of Shoreline and Kelly Ave. Staff Recommendation: Planning Department Staff requests direction. Variances will be necessary to develop as proposed. Background The subject property is a 1.58 acre parcel on the south side of Shoreline Drive,west of Kelly Avenue. The property is improved with a multi-tenant building and parking along Shoreline, and another parking lot south of the building, off of Kelly Avenue. The eastern 1/3 of the property is 411 vacant. A gas station in this portion of the property was closed in 1977 and the fuel tanks were removed in 1983. Contamination cleanup was completed in 2002. The parcel is home to occasional seasonal sales (fireworks), but otherwise is used for parking. Proposal The property owner proposes splitting the parcel into two lots,one for a future drive through business,and the other retaining the existing multi-tenant building. The first step in a proposed subdivision is a sketch plan. The Planning Commission and City Council area asked for initial, non-binding feedback on the lot split. The property is zoned B-1 Retail Sales Business. LOT ANALYSIS WORKSHEET Lot 1(Existing Lot 2 (Proposed Required building building) Lot area 20,000 47,017 25,000 Width 100 206.52 108.96 Front setback 35 70 44 Rear setback 35 80 109 Street side setback 35 NA 22 • Interior setback 15 0/ 15.03 49 FILE#LA21-000034 May 17,2021 Page 2 of 3 • All setbacks listed are for buildings Section 78-1403—Structural Building Coverage: Preliminary calculations of the proposed lots show structural coverage for lot 1 at 23.4%, and the proposed building on lot 2 at 11.4%. The maximum permitted without a variance is 20 percent. Lot 1 would need to be approximately 7,000 sq ft larger to accommodate the structural coverage, which reduces the size of lot 2 below the 20,000 sq ft minimum. Section 78-1680 and 78-1700—Hardcover Calculations: Stormwater Overlay District Total Area in Allowed Zone Hardcover Tier Tier 2 (Lot 1) 47,017 s.f. 14,105 s.f. (30%) Tier 2 (Lot 2) 25,000 s.f. 7,500 s.f. (30%) Hardcover calculations have not yet been completed for this proposed sketch plan but are expected to be in excess of the maximum. Access. The applicants have requested permission to relocate the entrance off of Shoreline. Preliminarily,the County does not support this change(Exhibit E). Other than the drive serving • the existing parking lot to the south of the building, access is not proposed, or recommended, off of Kelly Avenue. Analysis: The proposed lot split meets the lot area and width requirements of the zoning district. However, proposed layout will likely require variances for hardcover and structural coverage for the existing building, and, as shown, a side street setback for the proposed drive through building. Staff has provided additional comment regarding the proposal in a letter dated April 30, 2021, attached as Exhibit D. These comments include a review of the parking study provided for the new building, information on business design outlined by the city code, and the stormwater/ structural coverage issues identified above. Staff does not typically support variances for subdividing property. However,given the age of the existing building and the era in which it was developed (pre stormwater regulation) some flexibility in the form of variance is likely justified to facilitate incremental reinvestment in the property. Public Comments To date, no public comments have been received. Issues for Consideration 1. Does the Planning Commission have comments regarding the proposed lot split? 2. Are there any other issues or concerns with this application? FILE#LA21-000034 May 17,2021 Page 3 of 3 • Planning Staff Recommendation Planning Staff recommends the Commission provide feedback. List of Exhibits Exhibit A. Application Summary Exhibit B. Proposed Plat Exhibit C. Proposed site plan Exhibit D. Staff comment letter dated 4-30-21 Exhibit E. County comments • • PC Exhibit A Land Use Application Summary LA21-34 Application Date: 04/21/2021 • Address: 3423 Shoreline Drive Orono, MN 55391 Parcel Number: 2011723120034 Land Use Number: LA21-000034 Application Submitted By: Agent on behalf of property owner Owner: Name: BROOK INVESTMENT GROUP LLC Address: 34321 MYRTLE LA UNION CITY, CA 94587 Applicant: Name: Charles Schatz Company: Reprise Design Address: 12400 Portland Ave. S. #100 Burnsville, , MN 55337 cschatz@reprisedesign.com Contact Information: Associated Contact: Corey Englund cenglund@reprisedesign.com Associated Contact: Irfan Habib irfan13305@gmail.com • Associated Contact: Associated Contact: Project Description: New Construction Retail Project 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: �,r1oJJ@ gyutt: / I I; I ( / Y I i l l l l i l 1 )2/' Y ` i , UL, R t7 \• Ii(I 1ia /' 46 `•:1 r-i(i i �pE/ /7; / i` Ra t. to �, ! 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En' a 2414i411111/§ n .1 I LT a 3 z UL ,..) (400 OcZ LO' (11)9 0£Z 3„Z£,SZ.00S Z . Pits i 1!2 i 1 s-= il: • LI 42,0,W !.36 i • E-R COSTING BUILDING FFE 948 0 PC Exhibit D LA21-34 • ;/ CITY OF ORONO Street Address: Mailing Address: Telephone(952)249-4600 ` 2750 Kelley Parkway P.O.Box 66 Fax (952)249-4616 l q�. �t.L/ Orono,MN 55356 Crystal Bay,MN 55323 www.ci.orono.mn.us S ti April 30, 2021 Charles Schatz VIA EMAIL 12400 Portland Ave S#100 cschatz@reprisedesign.com Burnsville, MN 55337 Re: Concept Plan @ 3423 Shoreline File#LA21-000034 Mr.Schatz, I has received and completed a preliminary review of your proposed concept plan for a proposed building at 3423 Shoreline Drive. I have the following comments to offer as we prepare for a Planning Commission review of your project. I have tried to be as thorough as possible, but note that additional comments may be generated as review continues. If you would like to supplement your application,or make any changes to the plan,these should be provided no later than May 10, 2021. I intend to place this on the Planning Commissions agenda for May 17, 2021. • 1. Process. The City does not review conceptual conditional use permits or site plan proposals. We do have a process for a sketch plan,which allows for the review of a potential subdivision. This project will be processed as a sketch plan. Subdividing the property will involve a preliminary plat and a final plat. Given the nature of the project,and no apparent public improvements, I can support these two reviews occurring concurrently. The preliminary plat will require a public hearing. The building will require a conditional use permit. This will require a public hearing,also. The public hearings can occur at the same time, or separately. 2. Plat/subdivision. a. Please confirm that the new lot is at least 20,000 sq ft and has 100 feet of width at the Shoreline Drive. Also,we will need to confirm that the remaining parcel: b. Has no more than 20%structural coverage and 30%impervious surface area. c. Retains at least 15 foot side yard setback(to the east). 3. Hardcover. The city code limits the site to 30% coverage of pervious surfaces. The portion of the lower driveway that serves the commercial buildings to the west can be excluded from the hardcover limits. 4.Structural coverage. The city code limits structural coverage to 20%of the lot area. 5. Stormwater management. Confirmation of permit requirements from the Minnehaha Creek Watershed district will be necessary. It is expected that stormwater leaving the site cannot exceed predevelopment levels of rate, volume, and phosphorus. 6.Access. The County will need to approve access location. • a.A cross access and parking easement will be required over at least the shared drive aisles and parking spaces east of the existing liquor store. 7. Parking/loading. I appreciate the parking study completed and submitted. I do have some comments: • a.The parking spaces the'head' into the building will need some sort of curbing to protect cars from bumping into the building. b.All spaces on both lots will need to be restriped according to the approved plan,including those in the lower level. c. The parking study suggests a need for 58 spaces, based on, among other uses, the 4,492 sq ft of storage garages and 7,000 sq ft for antique store. The antique= furniture store will need to be verify prior to formal review. However, I cannot support parking calculations that assumes a non-permissible use (garage). For our analysis I can apply the following use calculations and assumptions: Use Designation Ratio NFA* Computed spaces Auto parts Retail 1/150 2676 18 Liquor Retail 1/150 1567 10 Antique store Furniture 1/500 7027 14 Vacant Office 1/200 4492 22 (coffee shop) Restaurant 1/80 1764 22 *assumed based on study 86 Based on these uses,86 spaces are provided,and 84 spaces are provided. The lower level parking lot layout may yield better information as to the number of spaces available. Otherwise, a variance may be required, which your parking study and the mix of uses and peak times offers some argument for a variance. 8. Building design. The zoning code outlines minimum building standards for buildings in the B-1 zoning districts: • (1)All exterior wall finishes on any building shall be: a. Face brick; b. Natural stone; c.Specially designed precast concrete units if the surfaces have been integrally treated with an applied decorative material or texture; d. Factory fabricated and finished metal framed panel construction, if the panel materials are of any of those noted in subsections (g)(1)a—c of this section;or e. Other materials as may be approved by the council.Combinations of such materials shall be permitted. A building design is not required for a subdivision sketch plan, but will be required as part of the Conditional Use Permit. Lighting. As this project is adjacent to residential neighborhood, effort should be made to prevent light pollution into the neighborhood. This should include cut off shields for any parking lot lights, shrubbery for car headlights, etc. Photometric plans will be required. Please feel free to contact me at 952.249.4626 or by email at jbarnhart@ci.orono.mn.us if you have any questions on the above requirements. Sincerely, CITY OF ORONO C44-7 • Jeremy Barnhart,AICP Community Development Director PC Exhibit E LA21-34 • From: To: Jason D Gottfried Corey Englund Cc: Melanie Curtis;Jeremy Barnhart;Ashley Morello;Michael D Olmstead Subject: RE: [External]Navarre Retail-3423 Shoreline Dr,Orono,MN Date: Thursday,April 22,2021 9:41:56 AM Attachments: jmage001.onq 02-16-21 Navarre Retail Preliminary Site Plan#01.odf Hello Corey, I was able to bring your inquiry to our most recent plat review committee (04/20) and want to offer the following thoughts from our engineering staff for consideration by your team and the city: This is a very challenging site from an access and traffic standpoint with 3 existing driveways in short succession with heavy traffic volumes and routine backups along Shoreline Drive resulting in a lot of conflict points.We believe the shifting the driveway to the east as you propose,would even further diminish safety and operations for two main reasons; 1.) Driveway would then be located in the EB right turn lane for Kelly Ave,further increasing driver confusion about where a vehicle is turning here. 2.)The inbound drive thru aisle would have backups directly onto Shoreline Drive.This concern is further compounded by the inbound drive thru aisle competing with parking bays. Perhaps reversing the direction of the drive thru would help some, but we still have all the same concerns. Our 1st preference for this site would be to either close this easterly access outright or work with the • city and the neighboring businesses for a broader rethinking of access and circulation here consolidating driveways. I understand that may be a long shot, at least at this time, but curious if there is an access easement(s) across the propert(ies)that may make this feasible now or in the future?A closure of access would provide more space for parking, improve safety and operations of the roadway and provide for a more walkable/bikeable area next to the pedestrian crossing/refuge. If none of this seems reasonable at this time,you could always just leave the driveway(s) as is, and we will continue to monitor safety and operations.This seems like a lengthy response to a fairly simple question, but we just finished a fairly significant improvement project at the intersection (CSAH 15/CSAH 19) and do not want to take any steps backwards. Thanks for your inquiry early on in the design process, allowing for additional planning and modification as necessary. I welcome further discussion over the phone or possibly a teams mtg with city staff as well as necessary.Just wanted to get our initial thoughts out clearly in an email for everyone involved Be well Jason Jason Gottfried • Transportation Planner Transportation Planning Office: 612-596-0394 Cell: 612-719-8073 jason.gottfriedPhennepin.u4 411 Hennepin County Public Works 1600 Prairie Drive Medina, MN 55340 (working remotely) From:Corey Englund<cenglundla'reprisedesign.com> Sent: Monday,April 12, 2021 2:04 PM To:Jason D Gottfried<Jason.GottfriedPhennepin.us> Subject: [External] Navarre Retail -3423 Shoreline Dr, Orono, MN Dear Jason, I am working on a project that will be alongside County Road 15 (Shoreline Drive) in Orono.The existing site address is 3423 Shoreline Dr, and the PID is 2011723120034.This project is in preliminary design to develop the vacant eastern portion of the property into a second lot with a drive-thru building,and we're looking to go in for initial site plan review with Orono in the near future. Since site access is from County Road 15, it will also be important to coordinate County requirements. In particular,we are interested in relocating the existing curb cut for site access to • improve traffic flow to the parking lot expansion and drive-thru. I've attached a concept plan of the site and a traffic study for this site. Please let me know if you are the best contact to speak to for this project. We are interested in getting feedback on any design concerns from the County as well as eventual requirements for formal submittal and review. Thank you, Corey Englund Project Manager Reprise Design 112400 Portland Avenue S. Suite 100 I Burnsville, MN 55337 I U.S.A. Phone: 952.252.4042 I Direct 952.562.3728 I Email: cenglund@reDrisedesign.com ilepAmpire DESIGN ***CAUTION:This email was sent from outside of Hennepin County. 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