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Home My WebLink About06-21-2021 Planning Commission Packet "WAgenda Planning Commission Meeting June 21, 2021, 6:00 P.M. **.e, Orono Council Chambers,2780 Kelley Parkway, Orono, MN 55356 /QsHo� 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: Victoria Seals Pledge of Allegiance Approval of Agenda Approval of Minutes: May 17, 2021 Public Hearings: 1. LA21-000041 Thomas Wilson, 1955 Heritage Drive, Variances (Staff: Melanie Curtis) 2. LA21-000042 Mohegan Hansen Arch o/b/o CBS MN Properties, 2060 Wayzata Blvd West, Site Plan, Zoning Change, Plat (Staff: Jeremy Barnhart) 3. LA20-000043 Eric Luth o/b/o Onyx Performance Investment LLC, 135 Orono Orchard Road, Vacation (Staff: Jeremy Barnhart) 4. LA21-000044 Lecy Bros., 3297 Casco Circle, Variances (Staff: Melanie Curtis) Other Business: 5. Update on June 14, 2021 City Council meeting Adjourn Planning Commission Liaison to Monday, July 12, 2021 City Council meeting: Matt Gettman 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,May 17,2021 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 Chris Bollis, Bob Erickson,Matt Gettman,Dennis Libby,Mark McCutcheon,and Jon Ressler. Representing Staff were Community Development Director Jeremy Barnhart and City Planner Melanie Curtis. Chair Kirchner called the meeting to order at 6:00 p.m.,followed by the Pledge of Allegiance. APPROVAL OF AGENDA Libby moved,Bollis seconded,to approve the Agenda.VOTE: Ayes 7,Nays 0. APPROVAL OF PLANNING COMMISSION MEETING MINUTES OF APRIL 19,2021 Gettman moved,Libby seconded,to approve the minutes of the Orono Planning Commission meeting of April 19,2021 as submitted. APPROVAL OF PLANNING COMMISSION WORKSHOP MINUTES OF APRIL 19,2021 Erickson moved,Ressler seconded,to approve the minutes of the Orono Planning Commission workshop meeting of April 19,2021 as submitted.VOTE: Ayes 7,Nays 0. NEW BUSINESS 1. LA21-000030 TOM BERGSTROM, 1509 LONG LAKE BLVD,VARIANCES Tom Bergstrom,Applicant,was present. Staff presented a summary packet of information(Item 1 on the Agenda under Public Hearings). Curtis noted the owner received variances to redevelop the property with a new home and deck; at this time the applicant is requesting rear street setback and 75 foot setback variances in order to expand the existing deck by 227 square feet including a spiral 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. Staff finds the variances are not supported by practical difficulty and recommends denial of requested variances to enlarge the deck as the property has reasonable use with the existing improvements. Bollis asked regarding the 80 square foot patio: was that part of the 2018 redevelopment or was it existing prior? Curtis replied it was preexisting. Tom Bergstrom, 1509 Long Lake Blvd,did not know he did not want a diamond-shaped lot until he moved into the lot as one cannot do much with it as shown regarding the lake setback and road setback. He is requesting to have a deck that would be approximately a smaller size than all of the existing lake owners on the lake.His nearby neighbors to the west have large decks;the average deck in the U.S. is approximately 300-400 square feet and Mr.Bergstrom is requesting 395 square feet. He thinks it is Page 1 of 21 MINUTES OF THE ORONO PLANNING COMMISSION Monday,May 17,2021 6:00 o'clock p.m. reasonable to have an average-sized deck in the U.S. given that he is on the lake. He showed his property on screen and noted he would like to ideally remove a patio and combine it together,taking hardcover out of the 75 foot lake setback and moving it or attaching it to the house so it is not separated. He showed the survey and noted that his property only has a sliver in which one can technically or legally build anything; he thinks on some level that is a practical hardship considering if it was a rectangle-shaped lot they do not have the same practical difficulties. There has also been some severe erosion over the past several decades,they did some shoreline stabilization and noted years and years of erosion has impacted the size of the lot.He noted there is not a good work around for the proposal,he has come to the City and worked with Ms. Oakden trying to figure out the best ways to expand this. Because of bugs,being higher off the ground is preferred and unfortunately there would still be a section in the 75 foot setback but it would be less than 15 feet so there would be a reduction in hardcover in that precious area.He showed overhead photos of his house and 9 adjacent houses and said every one of them have decks,pools,outdoor spaces, hardcover spaces substantially larger than his. He would think it reasonable to still have the smallest imprint in front of his house considering he is well below the hardcover requirement and making concessions. Kirchner said Deck B on screen is currently existing and asked how many square feet it is. Mr. Bergstrom replied 179 square feet. It is enough to put six chairs and a table. He would ideally like to pull the couch off the other area and have a place to sit and eat to enjoy the lake views. Chair Kirchner opened the public hearing at 6:12 p.m. Chair Kirchner closed the public hearing at 6:12 p.m. Ressler said Staff feedback point of contention seems to be the deck. He asked if there are any other concerns over the rest of the application and variance besides the deck. Curtis replied all the applicant is asking for at this point is to construct that deck. Ressler said as long as it stays behind the green line, Staff would be agreeable to it and asked if that is accurate. Curtis believes Staff could support the request if it was not encroaching in the 75 foot setback. Kirchner asked if it is not encroaching in the 75-foot setback,would a variance still be required for the 50-foot setback? Curtis replied yes. Kirchner feels there is currently usage of the space and does not think the applicant is being denied usage in that they do currently have a deck. He appreciates the research that went in but does not believe that just because the average size of a deck is 300-400 square feet the Planning Commission needs to go out of their bounds to allow that to happen within the 75 foot setback. If they were not encroaching on the 75 foot setback he would likely be a bit more open to it if it was merely a 50 foot rear yard setback. Page 2 of 21 MINUTES OF THE ORONO PLANNING COMMISSION Monday,May 17,2021 6:00 o'clock p.m. Ressler agrees.The precedent in Orono follows the recommendation by Staff in trying to be agreeable to a reasonable building envelope and stay within the guidelines they have. He would support Staffs recommendation. Bollis agrees.There is no doubt there is practical difficulty on the lot with the legal building envelope.He likes the intent of the exchange for the hardcover within the 75 foot setback but would like to see something closer to a 1-to-1 exchange. Mr. Bergstrom reiterated that he would be removing approximately 85 feet in that setback area. If the goal is to stabilize erosion,which is the point of the hardcover issues for drainage;this meets and actually exceeds that goal in a precious area by eliminating more hardcover area and reduces that. As for the definition of reasonable,he would like to understand that if all decks bigger than this are now considered unreasonable,he would think that will affect many other houses potentially being built in the City—if the Commission defines anything bigger than this as an unreasonable request. Kirchner shared that Mr. Bergstrom's request is not unreasonable,the overall thought is there is a reasonable use of the property at this time. A home is there for year-round use and the owner is being afforded the opportunity to use the lot in a single family residential manner as zoned.As for removing hardcover within it, a vast majority of applications the Commission sees involves hardcover from decades prior that is already within that,which would set a bad precedent if they said because they are removing some hardcover that they will allow other intrusions into that space to then be allowed. Mr. Bergstrom pointed out in the survey,he did not know when building a house for his family,that they were not able to do this and he understands there is a legal gray area of an existing house in that structure. They intentionally worked with the City to pull that back and he does not see a great way besides putting a hallway on a deck to work inside of that. He noted it would be a very small corner, less than 10 square feet in total in that area; he showed the house that was torn down less than two years ago on screen. Kirchner noted the Commission has a note from a neighbor stating they have no concerns with the proposal. Ressler stated the Commission has to work with what they have as guidelines for the City. There have been other applications that have had as reasonable or more reasonable means for approving the application—however,it has been made loud-and-clear that the City Council does not necessarily agree and they draw a pretty hard line on meeting the defined practical difficulties. He thinks that will be the pushback regardless of the outcome of the Commission's vote. Once it gets to the Council it is not necessarily something that is granted. Libby asked the applicant if there is any resistance to modify the proposed deck in a more linear manner in the front where the encroachment into the 75 foot setback is,bringing the deck front,back,equal,to deck B.He asked Curtis if that would bring it back enough out of the 75 foot setback? Mr. Bergstrom would be willing to do that,he has met with the City several times and sent dozens of emails,and the hardship is the corner of the deck. He would be absolutely open to any work around to try to enjoy the hardcover space up to 25%. Libby said the encroachment into the 75 foot setback and the surface area of the patio are really not a trade-off because there would still be a remaining encroachment in to the 75 with the physical location of Page 3 of 21 MINUTES OF THE ORONO PLANNING COMMISSION Monday,May 17,2021 6:00 o'clock p.m. the deck.He is trying to take a constructive method in designing the deck to remove the encroachment into the75 which the Commission has regularly and consistently maintained as a metric of ordinance. Bollis asked if Mr.Bergstrom has a calculation for the amount of the proposed deck over the 75 foot setback. Mr. Bergstrom replied approximately 16 feet total. He would be removing approximately 95 square feet of hardcover which is better for the City and better for the lakes. Ressler does not feel that it is a fair exchange removing hardcover in exchange for structure. He does not think it is an unreasonable ask but he does not know it can be approved under the guidelines the Commission must abide by. Ressler moved,seconded by Libby,to deny LA21-000030, 1509 Long Lake Blvd,Variances as submitted.VOTE: Ayes: 7,Nays 0. 2. LA21-000031 BCD HOMES O/B/O STEVE& SARA ZAWOYSKI,724 TONKAWA RD, VARIANCE Doug Johnson o/b/o the Applicant,was present. Staff presented a summary packet of information(Item 2 on the Agenda under Public Hearings). In 2011, the property owners received variances in order to build the current home and detached garage. 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 setback 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. Staff finds lot width,topography, and the proximity of the existing garage to the rear lot line supporting of the requested variance.Finding practical difficulties,Planning Staff recommends approval of the rear setback variance to add a 2nd story to the existing detached garage. Gettman asked if there are additional covenants being suggested such as no plumbing so it does not turn into a second house. Curtis did not recommend any covenants. The applicant would need a conditional use permit(CUP)in order to have additional plumbing.A toilet and a sink are proposed. Kirchner asked if a toilet and sink would trigger a CUP. Curtis replied no;they require a covenant for that but it is not a CUP-level activity. Kirchner asked if a shower is what triggers it. Barnhart clarified as of last month yes,but now it is just a covenant. Page 4 of 21 MINUTES OF THE ORONO PLANNING COMMISSION Monday,May 17,2021 6:00 o'clock p.m. Doug Johnson,200 SE University Ave,Minneapolis,said there is currently no plumbing in the detached garage and the owners would like to use it for an office and would like a toilet and sink,there will be no shower. Kirchner asked if the owner would be okay with the Commission adding a covenant added that a shower not be added. Mr. Johnson replied 100%. Barnhart noted they should be cautious about adding conditions that are not germane to the application in front of the Commission. The applicant has the right to have certain plumbing and covenants are in place. The reason Staff did not suggest a covenant is because they did not a see the need;obviously the Code still prevails so if there is a future building permit with plumbing,then they would add that as a requirement. Chair Kirchner opened the public hearing at 6:32 p.m. Chair Kirchner closed the public hearing at 6:32 p.m. Libby asked if this is sewered. Curtis replied yes, it is sewered. Ressler said generally speaking to trigger the covenant, is it at the time of rough building inspection and does it then come back to the Commission? Curtis replied when they apply for the permit and show features on the plan the applicant is required to provide a covenant prior to issuance of the permit. The covenant is dependent upon the noted features that will be roughed in. They would not be able to proceed if they did not have a covenant; it would not come back to the Commission as it is just a covenant at the Staff level. Ressler noted that includes a shower,as well. Curtis answered that is true. Ressler is on board with the applicant as applied. Ressler moved,Bollis seconded,to approve LA21-000031,724 Tonkawa Rd,Variance as applied. VOTE: Ayes 7,Nays 0. 3. LA21-000032 AL AZAD, 165 BEDERWOOD DR,VARIANCES Al Azad,Applicant,was present. Staff presented a summary packet of information(Item 3 on the Agenda under Public Hearings). The applicant is requesting approvals in order to redevelop the property with a new single family home. Requested variances are for the following: lot area, lot width,and front and rear setback. Staff finds the LR-1A zoning district requirements, lot size,width, and the unique configuration without Page 5 of 21 MINUTES OF THE ORONO PLANNING COMMISSION Monday,May 17,2021 6:00 o'clock p.m. actual road frontage in an easement driveway create practical difficulties for development. However, there is a reasonable, conforming building envelope available to the property owner. If the proposed home were rotated slightly it would nearly fit into the allowed building envelope(showed on screen).The existing envelope appears to provide adequate space with which to construct a conforming home footprint. Staff suggests the applicant re-orient the home to better fit into the permitted envelope. Planning Department Staff recommends denial of the setback variances;however, Staff supports lot width and lot area variances allowing for redevelopment. McCutcheon said it seems that they need a variation for every setback and asked why the existing envelope is better than this one. Curtis noted the lot has historically been defined as the front with the eastern lot line which would thereby dictate the other setback yards. It is an awkward orientation as the lot does not have frontage on Bederwood Drive,the road continues up into the Luce Line property and becomes a driveway for this residence. McCutcheon asked if the proposed front will be the south or the north. Curtis said they are not changing the proposed front but are asking to be 15.3 feet from the defined front, 10 feet on the side as the Luce Line property cuts through 44.8 from the west(rear), and 39 from the side. Bollis asked if an analysis has been done in redefining the lot lines so that the north line was the front line; is there a different legal buildable envelope that conforms more with what they are proposing? Curtis said potentially but the front would still be 50 feet. Barnhart did a cursory analysis of that and there is less buildable area if they consider the north property line the front. Al Azad, 165 Bederwood Drive,noted the house is quite old and they are trying to remodel it and fix it up;they decided for community enhancement to rebuild the house.The garage,although they are saying detached,is actually attached as there is a little sidewalk separating the garage from the house but the roof is attached. They are putting the house exactly where the old house is but is a bit bigger than the old house. Al Azad said the house that is there right now is the exact same direction,the only thing they added was a sunroom and the garage is a little bigger. Chair Kirchner opened the public hearing at 6:43 p.m. Chair Kirchner closed the public hearing at 6:43 p.m. Kirchner does not see that it is the same location of the current house.Based on setbacks this is not something he can support and agrees with Staffs recommendation. Gettman asked what would be the proposed envelope that Kirchner and Curtis would be comfortable with because they are combining the garage that is currently separated. The overall footprint looks like it is modified but practical difficulty is this is just not a buildable lot. Page 6 of 21 MINUTES OF THE ORONO PLANNING COMMISSION Monday,May 17,2021 6:00 o'clock p.m. Curtis showed the building envelope on screen that the Code would dictate. Gettman said where the existing garage is they are not trying to modify the footprint that much but trying to combine it under one space. He would tend to support this as the practical difficulty of trying to combine. Switching it the 45 degrees based on this lot,it looks like the area to the south does not necessarily mean it will fit for any kind of house they are trying to combine the space with. Bollis thinks Gettman brings up a good point and the 15.3 front yard setback they are asking for it actually better than the existing one when considering the garage. That being said,he could get behind this if it was a remodel or addition but this is a completely new house.He does not know if he can support this; if it was an addition he would support it. Gettman asked the applicant what renovations he had previously tried to do. Mr.Azad said the house is close to 100 years old and the basement has a lot of problems. Trying to fix and remodel was not reasonable and it did not work out. McCutcheon asked if it is oriented to get a lake view out of the sun room. Mr.Azad said they are trying to put the house where the old house is and a little bit on the back might be bigger;that is his understanding from talking with the designer. McCutcheon asked if the applicant were to re-orient the house,what does Mr. Azad not like about that design. Mr.Azad stated there is nothing that he would not like. Libby asked to clarify in the term"partial approval"what Curtis sees as permissible and positive and can work within the envelope that would meet the City's ordinance. Curtis noted they are asking for four variances: lot area, lot width,front, and rear setback. Staff supports the lot area and lot width variances to develop the lot with a new home. Staff is suggesting that there is an adequate building envelope to do so not requiring variances. Ressler said generally the Commission likes to see an improvement of the existing structure setbacks,the existing garage is demonstrative of that. He does not disagree with Staff that there is a reasonable building envelope.He believes 48 feet is the width of a reasonable building envelope and asked if that is correct. Curtis noted she said that the building envelope is 40 by 80. Ressler would not be in support of the application as applied; however for where this application may go afterward,he would like to be on record that he probably would be supportive of the garage part of the structure to go outside of the building envelope. He does not know that he would be supportive of encroaching on the rear setback as a variance from the building envelope.He does not know how supportive he would be on the house itself exceeding in any direction; if it were to go any direction he would perhaps be agreeable going front. Page 7 of 21 MINUTES OF THE ORONO PLANNING COMMISSION Monday,May 17,2021 6:00 o'clock p.m. Kirchner noted Ressler sees the value in improving the garage location but is not in support of the applicant encroaching in other areas. Ressler agreed.He thinks there is precedence identified because the current garage is already outside the building envelope quite extensively and they are improving that position in having the attached garage be part of a proposed structure.Moving the garage farther away also adds hardcover so they must be cognizant. If they can keep the house mostly or entirely within the building envelope he would be supportive of the garage exceeding the building envelope. Curtis asked if that would mean getting the sun room out of the rear setback and leaving the rest as-is. Ressler said it looks like the front of the lot where the garage is,he would be agreeable to exceeding that building envelope.Right now it looks like it is applied to exceed the building envelope(house and garage).He would not be agreeable to that much of an encroachment. Gettman noted they are saying because of the practical difficulties they are willing to have the garage go outside the envelope which by definition is saying that this is not buildable. It is not reasonable for them to have that 40 foot space—it just does not work for any kind of set up. He suggested giving the applicant feedback with the partial approval as opposed to just denying the application completely. Kirchner clarified the Commission is not here to redesign for the applicant,and regardless of the outcome at the Commission it will go before the City Council and they will make the ultimate determination of approval or denial.This discussion is feedback for the applicant and a recommendation for the Council. Kirchner agrees with Ressler;40x80 allows for about a 3,200 square foot footprint which he thinks is reasonable and there are ways that can be done to still build a home and have use of that.He is a little torn on the garage, depending on how things would be aligned;he thinks some work can be done and he would not be supportive of this as applied today. Erickson would support the Staff report. With the 40x80 building envelope and rotating the building, it would bring it closer to fitting in the City's ordinance,those are two good reasons for denial at this point. Erickson moved,Ressler seconded,to deny LA21-000032 Al Azad, 165 Bederwood Dr,Variances. Ressler asked Gettman if he would move to partially approve. Gettman replied for the certain setbacks.He is willing to have it denied so it can go to Council to hear the Commission's recommendations. McCutcheon clarified the applicant has the opportunity to submit another drawing before it goes to Council. VOTE: Ayes 7,Nays 0. 4. LA20-000033 DUPONT CONSTRUCTION OB/O CAROLYN& MASON HARDY, 1579 MAPLE PLACE,VARIANCES Carolyn Hardy,Applicant,was present. Page 8 of 21 MINUTES OF THE ORONO PLANNING COMMISSION Monday,May 17,2021 6:00 o'clock p.m. Staff presented a summary packet of information(Item 4 on the Agenda under Public Hearings).The applicant requests lot area and lot width variances;the property is 9,000 square feet in area, and has 50 feet in width 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 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%,although the property is within Tier 2 which allows a hardcover level of 30%. The applicant would like to construct a slightly larger deck(140 square feet);therefore, lot area and width variances are required.The applicant identified the substandard lot area and lot width as practical difficulties. Staff agrees and finds the substandard size of the property a practical difficulty. Staff recommends approval of the requested lot area and lot width variances which would permit the property to utilize 30%hardcover—the applicant is proposing 27%. Bollis asked the hardcover levels of the neighboring homes on each side. Curtis replied many of the homes in this strip of Maple Place were built by the same builder who took advantage of the Lot of Record status. She did not look to see if any had received lot area or width variances,but they were all either conforming to 25%or had received variances. Carolyn Hardy, 1579 Maple Place, stated they are the second owners and the deck was put in before they purchased the property and is unsafe.There are simply trying to replace the bad deck with a good deck and hopefully fit all four of their family out there. Kirchner is trying to understand how much larger this deck would be. Ms. Hardy thinks it is 8x9 foot deck and they are asking for a 10x10 deck. Chair Kirchner opened the public hearing at 7:04 p.m. Chair Kirchner closed the public hearing at 7:04 p.m. Kirchner stated this seems fairly simple and reasonable;they are not maxing out the 30%hardcover level. He asked if it expands any wider than the existing exterior of the home. Curtis replied no it does not and it meets the setbacks. Kirchner does not have any problems with this application. Libby supports Staff's recommendation. Bollis questions how these lots were able to be developed in the first place with the Lot of Record. He is sure they will have applications from other lots wanting to go to the 30%. Erickson moved,Ressler seconded,to approve LA20-000033, 1579 Maple Place,Variances As applied.VOTE: Ayes 7,Nays 0. 5.LA21-000035 DARRIN ROSHA O/B/O ORONO STATION WEST,2160 W.WAYZATA BLVD, VARIANCE Page 9 of 21 MINUTES OF THE ORONO PLANNING COMMISSION Monday,May 17,2021 6:00 o'clock p.m. Darrin Rosha o/b/o Orono Station West,Applicant,was present. Staff presented a summary packet of information(Item 5 on the Agenda under Public Hearings). Barnhart stated the property owner recently purchased the existing gas station and are looking to rebrand the fuel sales portion of the business. This property includes the gas station,fuel sales,and several other commercial entities in the mall building on the property. The applicant is requesting variances from the sign ordinance,all of which are spelled out in the City Code and Barnhart's memo. City Staff supports the second freestanding sign variance,they can support some modification to the sign area but Staff has a challenge supporting a variance that is 2-3 times the size allowed by the City. Staff can support some modification from the number of canopy signs but cannot support lighting of the canopy. When the City enacted a new sign ordinance in 2018,one provision was that a canopy sign cannot be lit. Staff recommends approval of the number of free standing signs,and the number of canopy signs. Staff does not support variances for the lighting of the canopy and the size of the proposed free standing sign. Kirchner said the lighting of the sign Barnhart is talking about is the blue and red line running along the face of the canopy—he asked if the words"Marathon"would be supported as lit. Barnhart replied yes,the Code contemplates logos and signage on the canopy which would be lit.The Code allows this type of business to have one street frontage and one canopy sign; Staff can support multiple canopy signs because of the unique shape of the canopy but cannot support the lighting of the bars around the canopy. Ressler asked what part of the presentation is the changeable copy that Staff had opposition to. Barnhart said as defined by City Code,change of copy is anything that can change the text or graphic of the sign. This technically is changeable copy with the idea they can put pictures,words,advertisements on it which could change.By the strict reading of the rule,the price sign is changeable copy,although that was never the intent of the ordinance so Staff is clarifying that issue with the sign text amendment the Commission will see later. Ressler asked if the gas prices were not part of the calculation would it meet criteria for changeable copy? Barnhart replied it would meet the criteria in the sense that it is the correct ratio. The changeable copy is to be 35%maximum of the freestanding copy area. Ressler asked if they know the size of signage of the gas station down the road from this property to contrast and compare. Erickson sold that property back in 1997 and they received a variance for height at 16 feet high and has 75 square feet of signage. Barnhart noted that sign is in Long Lake so it did not factor in to his comparison. Bollis clarified Code allows 45 square feet. Barnhart replied 45 square feet for the freestanding sign area. Bollis asked if that is 45 and the additional electronic portion?Or 45 including it? Page 10 of 21 MINUTES OF THE ORONO PLANNING COMMISSION Monday,May 17,2021 6:00 o'clock p.m. Barnhart replied it is 45 including it.The sign the Commission is looking at tonight is proposed at 95.79 square feet. Erickson asked the height on the Marathon sign. Barnhart noted it is 20 feet high. It conforms because there is a section of the Code that applies only to gas stations which allows a 22 foot high sign. Gettman asked about the Holiday station on Shadywood; it looks like it is 106 square feet as opposed to the 95 square feet. He noted that is another 10 square feet over what the applicant is proposing and asked if that was approved for any particular reason? Barnhart did not pull the resolution for that or what the standards were at the time; he does not have the history for that one. He stated a lot of signage that was redone replaced existing signs so it may have been 20 years ago. Bollis asked the square footage of the existing Orono Shopping Center sign. Barnhart replied it is 141 square feet. Darrin Rosha noted the owners are present as well as the owner of Hamilton Sign.His law office is in the same building,there have been a lot of improvements to it,and they opened Orono Station West. As a tenant they are happy to see this continuing to move forward. It is very unique and a landmark in the City; Barnhart has talked about historic variances and the new owners have gone back-and-forth trying to figure out what is permissible because there were variances at different times. There are about 10 businesses in the strip mall and if it were parallel to the road there would be more opportunity for signage. In talking about the canopy, it is a challenge because in looking at which sides meet the road,one is at an angle and another is behind you going east,the last one coming to the west; it is a challenge to see those so having them on three sides is definitely beneficial.There is significant improvement in the safety for the staff at the gas station as he heard changing the old plastic price signs in winter with a ladder is challenging. In looking at the way the road curves,most gas stations have a"long run"and drivers have a longer way to see the property;this one comes up on one and if the sign copy is too small it becomes dangerous to drivers and pedestrians. Mr.Rosha stated there is lighting around the canopy on other stations within Orono—it is fairly modest—and 2 of the 4 stations have lighting on the canopy.This property owner would request the same opportunity so people are aware of their presence and maximize their capacity to exceed—he said an independently-owned station adds a lot to the community. Chair Kirchner opened the public hearing at 7:26 p.m. Chair Kirchner closed the public hearing at 7:26 p.m. Erickson asked to clarify which is the monument sign.Barnhart showed it on screen. Erickson said by the picture it looks to be structurally supported. He shared about his time on the Long Lake Planning Commission and there was lots of discussion about signs. They ended up noting a monument sign has some type of solid fill on the bottom(masonry, stone)and those supported by poles were defined as free standing signs,which they prohibited. Page 11 of 21 MINUTES OF THE ORONO PLANNING COMMISSION Monday,May 17,2021 6:00 o'clock p.m. Barnhart stated all signs not attached to a building are defined as free standing in Orono.They frequently see support posts or panels/shrouds in front of that to screen that post. He would anticipate some type of planter and if not,it would be something Staff would carry to the Council as a comment. Bollis asked for Staff clarification,when they say the Staff does not support the sign,area proposed, and the lighting of the canopy,they are speaking just to the canopy on that. Or are they talking about the overall sign area? Barnhart supports the number of free standing signs,the number of canopy signs,and the areas proposed. Staff does not support the area of that free standing sign,nor the lighting of the canopy that is not signage. Gettman asked to clarify the area referred to of the free standing sign that Barnhart is not recommending approval for—he asked to see a picture of that sign so everyone is on the same page. Barnhart showed the sign on screen(95.79 square feet)and said it is too big. He also showed the lighting of the blue/red lines around the canopy. McCutcheon asked to see the existing sign. His first thought in making it bigger is that they would hit the power lines but then Barnhart noted they would move it back. He noted they want two gas stations in town—they want competition—so he likes Orono Station and noted there is a great point about the building being perpendicular to the road.He kind of feels sorry for the other businesses trying to get signage,too,because they have to go back. McCutcheon wants to be pro-business but noted this seems pretty big.He asked if this area is the limit or if they will go a bit bigger than this. Barnhart stated this is 64 square feet and he can support 64 square feet,which is in excess of what the ordinance allows,but it is consistent with the variance approved 20-or-so years ago. Gettman clarified Barnhart does not support the 96 square feet. Barnhart replied that is correct. Jim Hamilton,Box 148,Rosemount,of Hamilton Signs approached the podium. Gettman asked Mr.Hamilton if there is any contractual relationship as a Marathon owner that they must have certain signage requirements. Mr. Hamilton replied there are requirements—there are certain orders on the sign:they must have the top three signs: "Marathon,""Regular"and a"pricer".That is basically all they must have from Marathon. Gettman asked the minimum size that the requirement would have? Mr. Hamilton noted he would have to calculate it because they have different signs and different widths depending upon the location. Gettman asked for this location? Mr.Hamilton said they could reduce the height of this sign by eliminating the height of the two signs. The expectation from Marathon is that they would like to see a minimum of 7-foot sign at this location Page 12 of 21 MINUTES OF THE ORONO PLANNING COMMISSION Monday,May 17,2021 6:00 o'clock p.m. and if they can get an 8-foot wide,they have enough roadway to see a larger digit from farther away. Proportionally, if he was going to make an 8 foot wide sign he would not have it lower than a 20 foot sign.Most standards run between 20-24 feet in height. Gettman asked of that 20-24 feet,how much height is used for the sign itself? Mr. Hamilton stated it depends on the location,but 50-75%. Gettman said about 10-18 feet.Back to the canopy sign, is there any requirement from Marathon on those? Mr. Hamilton noted this is the new look of Marathon,so the whole fascia is illuminated; if the City denies that,then it goes down to a hard metal(ACM)like most canopies and the Marathon would be channel letters. Kirchner said Marathon has branding standards that allow for a non-lit canopy. Mr. Hamilton replied they do. Libby asked about the monument sign—they are truly numeric rather than alpha-numeric—they simply change the gas prices,there is nothing streaming,no video,no motion. By standards the City has set and Staff has recommended, is there anything detrimental about conforming with Orono's sign ordinance? Mr.Hamilton stated they went through it in a meeting and noted the 14 foot sign is very small,even with an electronic gas pricer,and put a Marathon on the top;Marathon will look at it and say it is too small because of their standards. Can he shrink it down to 40-45 square feet?Yes,but monetarily he does not think it is worth it for the customer to put a really small sign out there and battle with Marathon in saying all they can do is 45 square feet. Libby said that is not a really small sign,especially with LED digital lighting 24/7.The idea is they are better off to have a sign that meets and complies with the City ordinance than have no sign at all that would be changeable and go back to getting on a ladder to change the numbers. He sees a win-win if they can come to some terms together. He asked if there is any sort of marketing deprivation from having a canopy that is not lighted versus one that is. Mr. Hamilton replied driving down the road and seeing Marathon illuminated canopies,people will say "wow."It is all marketing and he pointed out it is not shining lights throughout the community, it is illuminating the canopy and when one drives down the road they say"I want to stop there." He said the electronic message center will really help with the tenants that are not getting noticed there,also. Mr. Rosha clarified there is a stone base. When one contemplates 22 feet high for a service station sign and then limit it to 45 square feet,that is a 2-foot-wide sign. It is a challenge with an independent fuel station,as they must have a relationship with a quality fuel supplier. They could have it down to Marathon,Regular,and the price;but there would be no local branding(Orono Station)and would not have the ability to draw people in like the competitor down the road has.The station down in Navarre has a sign that exceeds even what is being proposed here. His client was trying to come up with something reasonable;they would prefer that the canopy not be considered signage and be lit. Page 13 of 21 MINUTES OF THE ORONO PLANNING COMMISSION Monday,May 17,2021 6:00 o'clock p.m. Erickson said the concept of a lit sign is a way to deal with the fact that it is on a curved piece of road that does not have long sight lines like other locations do. Mr. Rosha noted they are very mindful that it faces south to the direction of an industrial area rather than lighting up a neighborhood. Bollis thought this monument sign proposed(20 foot)was replacing the Orono Shopping Center sign that is similar in size.He clarified that is not the case and the Orono sign is staying;he asked if there been any consideration of replacing that one with this one that can give each individual business billing there and then create a smaller monument sign where Marathon was proposing this one. Mr. Rosha said the current Orono Shopping Center sign tenants were under 10 square feet per unit. His concern about making that switch and going with something smaller for the gas station is—that is the one catching the eyes and if it is too small it does create a safety hazard for people being able to see prices. Mr. Rosha said there are no plans for the Orono Shopping Center sign right now. Bollis noted there is one existing sign and the property is only allowed one to begin with. He is pro- business and pro-signage but they also have to look at the Code to see what is reasonable.He would like to see a proposal that includes all signage for the site so they know what to expect for the future. When McCutcheon sees the two per property,the practical difficulty there is the building, such a narrow lot,and it is deep. He can see where the property needs two signs. Mr.Rosha thinks it bears a mention that they are two different entities. The Orono Station is a tenant of the mall itself; in the Code,they are treated differently than other businesses are. He noted as a tenant,the current Orono Shopping Center sign did not attract them to the location. He said that would be opening up another conversation that has not been part of this dialogue so far. Ressler shared his comments on this application.Bollis makes a good point,they have to look at the entire lot. Because it would be triggering a variance,if the applicant wanted to then modify the second sign, it would trigger another variance which would go before the Commission for feedback. The timing of the application is curious because they are having an agenda item to talk about getting more favorable for signage in the area in trying to be more encouraging and accommodating for businesses. Personally, when he goes to the gas station off Shadywood and Shoreline Drive,Ressler does not think that sign is too big. The Speedway(although not in Orono)is comparable and worth noting as guidance for the City as they talk about perhaps changing their guidelines.As it is applied,he does not see changeable copy being egregious and they have noted that particular plot of commercial space has had difficulty drawing attention.For that reason he has support for the application as submitted,he does not know if Staff does not recommend it because it does not meet practical difficulties or if it does not meet the opinion of Staff. Barnhart stated Ressler raised a number of good questions. Regarding the existing sign on the west side of the property,the owner can tear that down and replace it in-kind and they do not need to come back from a variance standpoint.Part of the reason they are here today is because they want to relocate the gas station sign to a more favorable location. The comment about practical difficulty and Staff not finding out —it is not uncommon for the Commission to identify practical difficulty through the analysis of the application and find practical difficulty when Staff did not.They can certainly recommend approval based on the Commission's findings...that is just Staff's recommendations. Page 14 of 21 MINUTES OF THE ORONO PLANNING COMMISSION Monday,May 17,2021 6:00 o'clock p.m. Ressler said in regards to the like-kind, if they were not going to increase the sign area of the secondary sign it would not come back to the Commission unless they were looking to increase that? Barnhart replied only if they wanted to increase it or move it. Kirchner echoed the reactions; he does not have strong oppositions to the way this is proposed. He struggles with the lit canopy,especially as they heard Marathon has branding standards that allow for a non-lit canopy. He struggles to approve that if there is another option to meet those standards. Gettman would be in favor of having the lit canopy because of the location and the fact that one cannot see coming from the different angles. What Staff was recommending was just lighting the"Marathon" part of it,but that is not an option,which is why he wanted to clarify the branding standard. It is either no lights or the full lights;those are the only two options and he would support the full light option. Libby agrees in part with Ressler's statements. He would tend to be in favor of the application as made. He asked Barnhart in his presentation where he referenced sign ordinance changes in 2018: in view of the fact the Commission is currently looking at proposals of changing or modifying the sign ordinance, Hennepin County just spent an extraordinary amount of money in one of the most ambitious infrastructure re-dos and bringing them into the 21'century. When he looks at things like lighted canopies and digital information available as a public service,he thinks about it as moving into the 21st century with infrastructure outside of just roadways. He thinks very modern and is in favor of the proposal as it is,not that he is in contradiction to the ordinance, but he thinks it is currently in flux and they do not know how it will land.The ordinance as applied seems to be 20th century thinking and methodology versus the 21"century—a more progressive and modern way of marketing and serving the community. Erickson has similar thought regarding the new signage proposal,it all looks great to him. He asked if the owner would get rid of one of the old signs as there are two free standing signs here. Do they both go away or do they both stay? Barnhart's understanding is the sign on the west which is lower will stay with no changes. He showed photos on screen and said one sign will have no changes and the other sign will be removed and a new Marathon sign will be placed. Ressler moved, Gettman seconded,to approve LA21-000035 Orono Station West,2160 W.Wayzata Blvd,Variance as applied.VOTE: Ayes 7,Nays 0. 6. LA21-000028 TEXT AMENDMENT RELATED TO SIGN REGULATIONS Staff gave a high-level overview of the summary packet of information(Item 6 on the Agenda under Public Hearings). He noted they do not do a lot of sign permits as they do not have a huge commercial area,but when they do they take notice to make sure they are meeting the goals of the ordinances. This project and a couple others identified some areas where the City needs to look at the sign Code. Staff has received authorization from the Council to examine it and make sure things are clear and meet the goals of the community. Staff has drafted an ordinance amendment they think accomplishes a number of goals, the mains ones relate to the definition of incidental signs(line 97). The sign ordinance is a standalone document and provides all the regulations for signs in the City;when it was drafted in 2018 the goal was that it would be content-neutral as they did not want to regulate signs based on what they said. Sometimes Page 15 of 21 MINUTES OF THE ORONO PLANNING COMMISSION Monday,May 17,2021 6:00 o'clock p.m. in writing a content-neutral ordinance the clarity goes away and now they are trying to rebalance the confusion level while not ignoring the content-neutral aspects. In clarifying, Staff tried to provide examples so a lay person can understand what the sign ordinance is telling them they can do(lines 95 and 97). Barnhart walked the Commissioners through the suggested changes in his memo with examples. Gettman asked regarding number 3, is there any research data that led him to 50 arbitrary feet being an appropriate amount?What he heard earlier is that Marathon has a 70 to 144 square foot norm for the big sign.He asked Barnhart if he did any analysis on some of the big companies that franchise? Barnhart replied no.He has been in the Planning Department for 20 years and has heard examples such as the Dodge dealership requires this,Marathon requires this, Speedway requires this;most cities do not care and say"these are our standards and this is what you can do in our community."He did look at source in that respect,but used the application from earlier for the amount of signs—he felt the amount of signs proposed was reasonable given the size of the building and lot.This is even more than what they would be asking for.They did some analysis on what the other canopies were. Gettman said going back to the branding,they cannot underestimate the value that these companies,and corporations have spent millions doing the analysis on how much is that minimum square footage. If the City wants to be friendly to the businesses,they have to understand what the branding necessity is for a franchisee to come in. Barnhart said that is a fair comment; if they ask any advertiser they will want the biggest sign they can possibly get. Barnhart does not propose changing what part of a canopy cannot be illuminated because 7- 8 years ago Holiday went through a rebranding and wrapped their building in blue neons and they received a lot of complaints from people that now their living room or office was blue because of the light shining.Many cities did not consider neon to be signage;he does not want to write an ordinance that says one cannot have neon as it is not a defendable ordinance. However,they can define where the lighting occurs and that is how they arrived at the canopy not being lit. Libby is aware of the fact there are very deep pockets in corporate research for signage, advertising, and marketing—they have metrics and statistical data to draw from and make decisions on. He is still not sure where the last line under number 3 (page 8 of 14)is coming from. Barnhart read the line:Such signage may be illuminated externally, internally, or backlit, but no other part of the face of the canopy shall be illuminated. Libby asked if there is concern about having external lighting that would be lighting toward the canopy or is it backlit as a structure. Barnhart replied in this application they are allowed up to 50 square feet of signage on the canopy. That signage may be lit, either externally,internally,or backlit, but nothing else may be illuminated on the canopy. This only applies to the surface area canopy. Libby clarified it is the face of the canopy which is like the fascia on a house facing outward. He asked where does that determination come from-from a ruling and ordinance standpoint-how was the decision made that it is detrimental to have that permitted? Page 16 of 21 MINUTES OF THE ORONO PLANNING COMMISSION Monday,May 17,2021 6:00 o'clock p.m. Barnhart stated it was written in to the existing Code and they put it in there because of the situation many years ago with the Holiday station. The goal was to avoid those situations and that is where the prohibition came from. Libby noted if they have this ordinance and it is applied,then it is global and the Commission cannot look at this on a case-by-case basis. If it is not a Holiday type of situation where it is not intrusive to offices or other adjoining properties,will they not have the latitude then? Barnhart noted they just did,as a half hour ago the Commission approved lighting of the canopy.He clarified the only changes they are making are struck through/underlined in red in the document. Kirchner said an applicant could always apply for a variance as they just saw. Bollis noted he lived 1,000 feet away from a Holiday Station that had the wrap all the way around not facing the street and it did put blue light into his house. He thinks"facing the street" is to protect residents as there is no need to brand the back side of their canopy that is facing a residential neighborhood. In the previous application it made sense they could light the sides not facing these street; but he thinks there needs to be some protection for residents. Barnhart's proposal is to re-strike that limitation if the Commission would prefer. He hears Bollis say he would not permit signage facing residential areas. Libby agrees with that premise as many of these are zoned densely commercial and there are not adjoining residential properties. If they could add language that would be more specific as to where it would be intrusive to other businesses and/or residential so they do not have people coming back and asking for variances if there is not that sort of intrusion by that type of lighting. McCutcheon said language is tough and what if there is a house across the street...there is gray area. Barnhart stated to keep in mind they would already be next door to a gas station which has some inherent impacts. Ressler agreed there is not a lot of purpose in lighting the back and they can apply for a variance. He likes the change to 50 square feet for service area as that is doubling what they currently have and they can continue to monitor it. Erickson asked regarding line 229,free standing pole signs,perhaps it could be a bit expanded. He noted a definition on line 86 that is somewhat similar. Barnhart noted the pole sign definition prohibits two poles,basically the monument sign is the sign that has a base mounted.He clarified there is a free standing sign definition, a pole sign definition, and a monument sign definition. Erickson said on Table 1 it comes up again in looking at free standing and"type B" do they want to scratch pole out of there? Barnhart replied they want to be as clear as possible. On Table 1 he is proposing an increase in the max height for free standing signs in sign district 3 which is most of the commercial. Page 17 of 21 MINUTES OF THE ORONO PLANNING COMMISSION Monday,May 17,2021 6:00 o'clock p.m. McCutcheon said the max height of a house is 30 so he can see staying under that; earlier tonight they approved almost 22 feet. Barnhart noted they approved 20 feet and Code allows 22 feet. He stated he is proposing to not count fuel signs as changeable dynamic display as that is a reasonable expectation for those businesses. It is the same with time and temperature displays.He shared one area they get a lot of pushback from the real estate community is what kind of sign one can use to advertise a property for lease or a development and is trying to clarify that signage. Planning Staff recommends approval of these changes with the comments made earlier in terms of residential impact. Bollis stated regarding the 45 square feet,he feels that is pretty limiting for a business. He thinks Minnetonka has 50 square feet which is also pretty limiting. He asked how long it has been 45 square feet. Barnhart said when they changed the Code in 2018 that is when they did the 45.He does not recall what it was before that time. Bollis thinks it is pretty restrictive. He would be supportive of bringing that number up a bit perhaps to 50 or 55. Ressler would not disagree with that,he thinks at least 50 square feet is reasonable. Kirchner is not willing to put a number on it right here and would be curious to know what other municipalities nearby are doing. Erickson noted in Long Lake, Sherwin Williams has 80 and Speedway has 75 on the monument signs. Ressler has driven by the signs several times and has never felt the sign was too large. If he were going to pick a number,he thinks 75 square feet based on that. Barnhart is hearing the Commission is open to some changes but Staff should provide some additional feedback to the Council. Chair Kirchner opened the public hearing at 8:42 p.m. Chair Kirchner closed the public hearing at 8:42 p.m. Ressler moved,Libby seconded,to approve LA21-000028 Text Amendment Related to Sign Regulations as applied with further Planning Commission feedback shared.VOTE: Ayes 7,Nays 0. 7.LA21-000034 CHARLES SCHATZ O/B/O BROOK INVESTMENT GROUP,LLC,3423 SHORELINE DR,SKETCH Corey Englund,o/b/o the Applicant,was present. Staff presented a summary packet of information(Item 7 on the Agenda under Public Hearings). The project is a proposed subdivision where they are creating one commercial lot at the southwest corner of Kelly Parkway and Shoreline Drive. Typically in looking at the Code each lot maintains the required lot Page 18 of 21 MINUTES OF THE ORONO PLANNING COMMISSION Monday,May 17,2021 6:00 o'clock p.m. area and lot width and both parcels would meet the minimum 20,000 square feet in size.Analysis shows lot 1 might be higher in structural coverage and impervious surface which is one area they need to look at. The proposed development on the east side is in concept stage and appears to meet the requirements in terms of hardcover but there seemed to be an impact from a setback standpoint.The proposed layout would likely require variances for hardcover and structural coverage for the existing building,and the side yard setback from Kelly Parkway. Staff is looking for sketch plan feedback that would be carried forward to the City Council and then to the applicant. McCutcheon said it is a one story building and asked if they wanted,could they have a two story building? Barnhart said if it met the requirements of setbacks and other factors,yes,they possibly could. From a commercial standpoint in going more than one level it starts adding parking requirements. Bollis asked why subdivide and not a PUD or a different type? Barnhart said it is six-of-one and a-half-dozen of the other in terms of process. One is a re-zoning and public hearing and this is the path the applicant chose. Corey Englund,Reprise Design,2400 Portland Ave. S,Burnsville,is with the architecture group on behalf of the applicant.This is a vacant lot that is used to sell fireworks on occasion, but is otherwise a dusty,empty lot.The site is somewhat challenging because there is a retaining wall dividing the north and south portion of the lot;they are somewhat restricted in developing any kind of a driveway.He thinks this is a good use of an empty lot but before they proceed with anything they need to know that it is feasible from a platting standpoint and would like to assess if the variances would be supported. There will be some difficulties as stated,with hardscape coverage,and on the existing lot with structural coverage. Libby asked on the Kelly side,there is a fairly substantial grade,that is natural topography as they could not put a driveway in there.He said the adjacent property is the liquor store. Mr. Englund replied yes. McCutcheon noted since the retaining wall would be shared between both properties,for future use of perhaps a loading dock,has the applicant put any thought into how they would use the space to the south. Mr. Englund thinks the southern space will have an egress ability for the other lot but will mostly remain as-is for now because of the topographic difficulties, about 5-6 feet of grade change from the upper lot to the lower lot. Barnhart clarified they would not suggest much more development south of the existing retaining wall because then they are starting to encroach in the residential district and they want to be cautious of those impacts. Kirchner asked if they are adding 4 new parking stalls. Mr.Englund replied yes,parallel stalls. Page 19 of 21 MINUTES OF THE ORONO PLANNING COMMISSION Monday,May 17,2021 6:00 o'clock p.m. Kirchner asked if they are able to exempt the driveway that runs to the south because it is not servicing the second lot,but arguably that would be the only way to access those four parking stalls, and then comes back to hardcover. Barnhart said the four stalls were added to address a parking count analysis. That is something they can continue to work with the applicant on. McCutcheon asked about an easement to use those steps if one would have to park there would they have to walk across Kelly? Barnhart stated they would probably look at some sort of easements. Bollis asked if it would be a cross-flow parking easement for the entire site. Barnhart replied yes,there would be some sort of access easement, some parking easement although this area is open to discussion,and if there is not already a cross access easement through the portion, and perhaps over in another area. It is all part of the site analysis. Bollis is fine with having a business there and thinks it is big enough. Erickson asked if there has been any indication of the type of commercial business there. Mr. Englund replied yes,they are looking at a drive-through coffee shop/donut shop concept. Perhaps with a second tenant space of 1,000-2,000 square feet. Kirchner gave his opinion on the drive-through configuration emptying out in the manner in which it does gives him consternation because there is similar coffee shop with another tenant in a newly constructed building in a City to the east.The drive through creates an absolute nightmare and headache as people wait in that line to get their coffee and creates ingress and egress issues. He reiterated the hardcover concern if the driveway to the south is or is not counted,he would like to see something other than a dirt lot but wants to make sure they are not giving up so much to make that happen. Erickson shares the concern on that and said QSR's are very popular and it is possible they can become victims of their own popularity with big lines backing up and trying to get in and out.He hopes there is another way to configure that to get a clear shot out to 19 or some other way. Barnhart asked which location Kirchner is having problems with? Kirchner replied it is the Starbucks in Wayzata right across from the gas stations before getting on Highway 12. Barnhart noted there are not a lot of other options as they do not want traffic onto Kelly or south into that little parking area. He said they can do some examination on what they can do and that type of feedback is very helpful. Bollis' concerns on the subdivision are they are creating a property that literally does not have its own access and it has to access through the neighboring property. If it were ever to be sold separately,with the easements they are talking about,he believes they ran into an issue with O'Sullivan's and the old Page 20 of 21 MINUTES OF THE ORONO PLANNING COMMISSION Monday,May 17,2021 6:00 o'clock p.m. Snyder's building with a similar situation. He would rather see this application as a CUP or PUD so it is still one parcel but the Commission gets to see it in its entirety and possibly realign the access to the site. Ressler agrees that is a good point to make it a Planned Unit Development(PUD)so it would have common areas for the access in and out.He said the issue with the Starbucks in Wayzata is a good point and he pointed out the McDonald's right next door to it,and a gas station,and a strip mall,all sharing that space. It is a nightmare no matter what they are doing and the traffic counts are probably a bit heavier there. He is more encouraged to think about the Caribou in Mound on Shoreline Drive where there does not seem to be as much of an issue getting in and out of there. McCutcheon clarified they do not want to access Kelly because it is a residential street. Barnhart replied yes, and because of the grade issues.Any access on to Shoreline would be further east of Kelly which would be beneficial from a traffic movement standpoint.Assuming it is not a PUD,a drive through restaurant will be a Conditional Use Permit(CUP)back through the Commission. If it is a PUD the zone change will come back through the Commission. The Council will see this on June 14,2021 8.UPDATE ON MAY 10,2021 CITY COUNCIL MEETING Barnhart reported the variance for 3215 Crystal Bay Road was approved by the Council 3-1;the variance at 706 North Arm was tabled for a redesign;variance at 1395 Orono Lane was tabled due to the relocation of the boat house. Kirchner noted that relocating a boat house was something that historically is never done in the City or allowed and that was the Council's opinion as well. Barnhart stated the text amendment for boat storage was approved, and the text amendment for plumbing in accessory buildings was also approved. The Council gave feedback on 2709 Walters Port that seemed to support the proposal. ADJOURNMENT Libby moved,Ressler seconded,to adjourn the Planning Commission Meeting.VOTE: Ayes 7, Nays 0.The Orono Planning Commission meeting adjourned at 9:09 p.m. ATTEST: Scott Kirchner,Chair Page 21 of 21 • Date Application Received: 05/17/2021 Date Application Considered as Complete:06/01/2021 NW.Ai 60-Day Review Period Expires: 07/31/2021 O To: Chair Kirchner and Planning Commission Members .. Adam Edwards, City Administrator , AlkESHORS From: Melanie Curtis, Planner I'y1GG Date: 21 June 2021 Subject: #LA21-000041,Thomas+Jenny Wilson, 1955 Heritage Dr, Variance Public Hearing Application Summary: The applicants are requesting a side yard setback variance. Staff Recommendation: Planning Department Staff recommends approval. Background The applicants are requesting a side yard setback variance in order to construct a one-story, 218 square foot addition to the garage 20.4 feet from the side property line where a 30 foot setback is required and a 32.7 foot setback currently exists. • Practical Difficulties Analysis Applicant Submittal Information:The applicant has identified the unique shape of the lot including the encroachment of a cul-de-sac,the location of the existing home in relation to lot lines and wetland areas on the property as practical difficulties supporting the requested variance. Additionally,they have d 7 / , f provided supporting documentation ,' / regarding Practical Difficulties attached PROPOSED A00/1TUV m / d� �,/ as Exhibit B, and should be asked for yti �; / °�� o`L'Qr �J •' / additional testimony regarding the ,`1.0'h � — -/ application. ,'�� ; _ • ck. y —__ ,•-• ,. i Planning Staff Practical Difficulty ' �' `': / Analysis: Regarding practical difficulty, (J I r~'�' "�/ , t. Staff finds a number of characteristics of .wi, i ( r 4,N?0.o v �CA'Dc the lot create practical difficulties t ^( `� impacting expansion opportunities for Z r�o ,so ' ^J n Ex'SnNC the garage, in addition to the impact of 9., 1 ' I 1 ( a ac a substandard size property within a 2 I 1 � 1/ '0• " acre zoning district,such as: the impact 1 '� I J! .. " ' R... from the encroaching informal roadway v..o�, cul-de-sac,the wetland on the property )hi i I .`.:;. . ._ g: '�Snh likely resulting in the home location and I \ i k ` // orientation,the unique shape of the ; ) i 4 „ •• ''—/4 1 ,/ • property, and topography. FILE#LA1-000041 21 June 2021 Page 2 of 5 • LOT ANALYSIS WORKSHEET Section 78-305—Setbacks: LR-1A Required Existing Proposed Front 50' 56.1' No Change Rear(North) 50' ±90' No Change Northwest Side 30' 32.7' 20.4' (Luce Line) East Side 30' 95.3' No Change Wetland 25' ±100' No Change Section 78-305—Lot Area/Width: LA-1A Lot Area Lot Width Required 87,120 s.f. (2.0 acres) 200' Actual 44,207 s.f. (1.01 acre) ±300' Section 78-1403—Structural Building Coverage: Total Lot Area Total Structural Coverage 44,207 s.f. (1.01 acre) Allowed: 8,841 s.f. (20%) Existing: 3,314 s.f. (7.4%) • Proposed: 3,532 s.f. (7.9%) Section 78-1700—Hardcover Calculations: Stormwater Overlay District Total Area in Allowed Existing Proposed Zone Hardcover Hardcover Hardcover Tier Tier 3 44,207 s.f. 15,472 s.f. 10,215 s.f. 10,341 s.f. (35%) (23.1%) (23.3%) Applicable Regulations: Side Setback Variance (Section 78-305) The proposal includes construction of a 218 square foot one-story addition to the existing garage to improve storage options for the owners.The addition is shown at 20.4 feet from the property line where a 30 foot setback is required. Governing Regulation:Variance(Section 78-123) In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health,safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances FILE#LA1-000041 21 June 2021 Page 3 of 5 • 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 setback variance is in harmony with the purpose of the Ordinance. The substandard lot has difficulties due to its small size, shape, and topography. The proposed footprint expansions are screened from adjacent properties by existing vegetation and topography.The encroachment results in a minimal one-story increase the massing of the home. 2. The variance is consistent with the comprehensive plan. The variance proposed to increase the size of the residential attached garage on this nonconforming lot 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 construction of the small addition to the home on the substandard lot is reasonable. b. There are circumstances unique to the property not created by the landowner; The substandard lot size and location of the home are existing conditions.The limited yard/open space availability on the garage side of the home is a condition not created by the owners. There should be consideration for variance approval for a minimal building encroachment within the setbacks. The addition has been designed to have minimal visual impact on the most affected side;and c. The variance will not alter the essential character of the locality. The variance is requested in order to permit the creation of additional storage space with minimal impact to massing and minimal encroachments into setbacks,which is reasonable.The project should not alter the character of the neighborhood. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination. 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 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 residence is an allowed use in the LR-1A • District. FILE#LA1-000041 21 June 2021 Page 4 of 5 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 unique and substandard size and does apply to many of the properties in the same neighborhood as the plat of Foxhill was created in 1965 and pre-dates the establishment of the LR-1A zoning district. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The buildable area impacts of the wetland and road encroachment are difficulties unique to this property. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Granting the setback variance to permit the garage addition is necessary for the preservation of the property right of the owner. The improvements will not be substantially visible when viewed from off the property or from the Luce Line Trail.The setback variances facilitate creation of additional storage space within the property and preserve the property rights of the owner. 11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. Granting the setback variance for the addition in this situation is not contrary to the intent of the zoning chapter. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The use of the property has been established with the house. The expansion of corresponding improvements may be considered a convenience to the applicants. The Commission may recommend or Council may impose conditions in granting of variances. • Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Public Comments The applicant has reached out to neighbors;to date, no public comments have been received. Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? 2. Does the Planning Commission find that the variance(s), if granted, will not alter the essential character of the neighborhood? 3. Does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested variance(s)? 4. Are there any other issues or concerns with this application? Planning Staff Recommendation Planning Staff recommends approval of the requested variance to allow the one-story expansion of the garage as proposed.Staff further suggests the Commission review the existing storage shed located on the northwest lot line,and consider requiring removal or relocation of the shed as it is approximately one foot from the property line where a 15-foot accessory building setback is required as a condition of variance approval. FILE#LA1-000041 21 June 2021 Page 5 of 5 • 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. Site Photos Exhibit G. Aerial PhotosD Exhibit H. Property Owners List Exhibit I. Plat Map Exhibit A Land Use Application Summary Application Date: 05/17/2021 111 Address: 1955 Heritage Drive Orono,MN 55391 Parcel Number: 1011723130014 Land Use Number: LA21-000041 Application Submitted By: Property Owner Owner: Name: THOMAS WILSON&JENNY WILSON Address: 1955 HERITAGE DR WAYZATA,MN 55391 Applicant: Name: Thomas Wilson Company: Address: 1955 Heritage Drive Orono,Mn 55391 thomaswilliamwilson@gmail.com Contact Information: Associated Contact: Jen Wilson jenwwilson@gmail.com Associated Contact: Max Windmiller max@windmillerds.com Associated Contact: Jeff McCall Associated Contact: Project Description: Wilson Residence Addition 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: ,Zi JJ • MMy wife and I are looking to add a utility and storage room to our existing home at 1955 Heritage Drive in the Foxhill neighborhood. One of the main reasons is that the water from our well has very high iron and sediment readings. We would like to add an entire house water treatment system but unfortunately there is no basement in which to locate the equipment. We are also going to remove a non-compliant shed that existed when we purchased the property in 2013. Our plan is to move the yard maintenance items from there to the addition. The proposed addition encroaches on the 2 acre lot zone 30 ft side yard setback. There are several practical difficulties that exist on the property. There is a permanent city cul- de-sac on our property and creates additional setback constraints on the front and side of the lot. On the east side of the lot there is a wetland and the corresponding 25 ft setback. The lot is atypical shaped and therefore the orientation of the house along with the proposed addition creates a triangle shaped encroachment. With a rectangular lot this would not have occurred. Also, the slope in the backyard drops 15' feet which makes adding sheds for storage somewhat challenging. Another difficulty is that there is an abandoned will about 9' from the middle back of our house which cannot be built over. Finally, we are an approximately 1 acre lot in a 2 acre zone. The side-yard setback for 1 acre zoned lots is 10 ft instead of 30 ft for a 2 acre zone. The addition will have minimal impact to our closest neighbors. The main reason is the top of the slope in our backyard is on side of the proposed addition. Also, the closest house in that direction is across the Dakota Trail and Brown Road, there will be minimal visual impact to • those properties. We believe the addition is in harmony with the neighborhood and city planning. It is only 1 story; it will be used to improve the quality of living in the home with drinkable water throughout. It also provides needed storage for items that are currently in a non-compliant shed, out in our yard and deck during the winter(kayaks and paddle boards). We thank you for considering this variance request and the multiple unique characteristics of the property. • Exhibit B PRACTICAL DIFFICULTIES DOCUMENTATION FORM LA21-000041 1. The property owner proposes to use the property in a reasonable manner not permitted by 110 the Zoning Chapter. Response: The applicant is proposing an addition of a storage and utility room off the northwest corner of the garage. This storage will be used for a water treatment system, items from a currently non- compliant shed, items currently stored outside, bike storage and lawn care equipment. 2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. Response: The property has a number of unique characteristics. The shape of the lot is unconventional, there is a wetland and subsequent setback on the east side and there is a permanent city cul-de-sac on the property. In addition to these circumstances the house does not have a basement. 3. The variance, if granted, will not alter the essential character of the locality. Response: The addition will be in-line with the current aesthetics of the home and is 1 story high. The property has no single family home lots as immediate neighbors. The lot boarders the Foxhill Home Owners Association 8 acre common area on two sides. The closest two neighbor's houses are about 200' away each across the Dakota Trail and Brown Road. In addition there are stands of coniferous and deciduous trees between the house and those neighbors. 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 1167.06, Subd. 2, when in harmony with this Chapter. Response: The property has a number of practical difficulties due to the nature of the lot and the house. First, the unique shape of the property creates an overlap because of the orientation of the house on the property. Second, the wetland on the east side of the property prevents any additions on that side. On the southwest corner of the lot the city has an easement for a cul-de-sac and a 50' setback from the edge of the pavement. Next, there is no basement where the water treatment components could be located. Finally there is 5' deep existing natural pool and an abandoned well on the north side of the house that makes it difficult to expand that direction. 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 request complies with acceptable use of the property zone. 7. The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. III 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: There is a 15' drop in the topography from one side to the other. The existence of the city cul-de-sac constrains the options to expand towards that direction. The shape of the lot is unique. It is a 1 acre property in a minimum 2 acre housing zone. 9. The conditions do not apply generally to other land or structures in the district in which said land is located. Response: The property is located in the Foxhill neighborhood with lots that are all around 1 acre. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Response: I believe this to be true because of the lack of a basement and the desire for a more adequate water treatment system. 11. The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code. Response: The proposed addition will not impede sight lines or change the character of the neighborhood. 12. The granting of such variance will not merely serve as a convenience to the applicant but is necessary to alleviate demonstrable difficulty. • Response: I believe this to be true. • _1 W = v! .1:2 - N 00'47'46'W 160.13 .� W ( ('-7; LAND 1 1 ( a L '- Wi 1 1 I b hry AS }I , / /� N N % cF OVER _T`✓ 11 G` o _— s� EDGE BY ,// O i r• / / .1C:' -- - } of* doh ��/ / _ �1°s_-- ---��/ //' - I �Q R "Vs. 1-+a.+.b / / / dam- --k- .. 1, W j ,\ ' , Sha * \ / ,''''-. 44, --'-'--- -'--—--- j js TVZ;1% 4 \gyp' — ------------ y , 45 .. I* i , ` - 1 — \\ r z s\Ni....„. „$, N,\ k, .Z Vt 5 ‘. "\ - \---) � �k 3 gmg # — \ ,� \ ," / , , , / as IM dia ‘`. 'ir \ \ ' \1 . :. \ . : , ... . ....• • . , \ \ \\ ‘\___./ .., al:: ,. : ,-.\:.,.,..:--/ / / / i (1..),s N — \ \ \ \ \ N-- . .— '','. .. / / i ''"' ' / ' -9 5 1 1 \ 4, 'N. ". - ' . -. .. 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No. 42379 Date: 6/1/2021 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. Key to Survey Hardcover Item (Describe) Length x Width Total (Square Feet) (Example) (Garage) (24'x 30') (720) S.F. A House 3,232 S.F. B Shed 82 S.F. C Driveway&Stoop 3,312 S.F. D Decks &Steps 244 S.F. E Stone Patio 1,325 S.F. F Pool Equipment 36 S.F. G Fire Pit 172 S.F. H Bituminous Roadway 1,812 S.F. S.F. 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. V S.F. W S.F. X S.F. y S.F. Z S.F. (1) Total Existing Hardcover 10,215 S.F. Excludable Hardcover(See City Code Sec 78-1684) S.F. S.F. S.F. S.F. S.F. (2) Total Excludable Hardcover 0 S.F. (3) Net Existing Hardcover 10,215 S.F. 04) Total Lot Area 44,207 S.F. Existing Hardcover Percentage [(3)/(4)] 23.11% ADVANCE SURVEYING & ENGINEERING CO. I hereby certify that this report was prepared by me or under my direct supervision and 11110 that I am a licensed professional land surveyor under the laws of the State of Minnesota. m. CBEG-cs-m Thomas M. Bloom P.L.S. No. 42379 Step 2: PROPOSED 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. Key to Survey Hardcover Item (Describe) Length x Width Total (Square Feet) (Example) (Garage) (24'x 30') (720) S.F. A House 3,450 S.F. B Shed 82 S.F. C Driveway&Stoop 3,284 S.F. D Deck 136 S.F. E Stone Patio 1,179 S.F. F Pool Equipment 36 S.F. G Fire Pit 172 S.F. H Bituminous Roadway 1,812 S.F. I Balcony 190 S.F. 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 _ 10,341 S.F. Excludable Hardcover(See City Code Sec 78-1684) S.F. S.F. S.F. S.F. S.F. (2) Total Excludable Hardcover 0 S.F. (3) Net Proposed Hardcover[Subtract line (2)from line (1)] 10,341 S.F. (4) Total Lot Area 44,207 S.F. • Proposed Hardcover Percentage [(3)/(4)] 23.39% • W ru xz 'i t-.....-:- - • s eSRL A:--a'�+v 113 ' tiS�t mak. .- ''..-1. rf ,,,, '0.'-m^ +C j I ,--!,...-4.-v-,,-0.Z *to t.,.{ci. . nom! `•!i'I•' I �• a j ';w a r" � ""'{ • , <••t, s w YrCO sH�� ,• 1 . ' s N _ t.,,, '4',',:,. ..; \\ , `._ r • �i;I � - ' •,t k . 1'trts, •4111@R E __,7,-,-',:.,'--,,,7,,,,:-.40.---. 4. 31j�: �„R% -®� Q s '' \ '', , 4. :' .' �+r. �„��'�. s .� `.i '. 'Aft - `.! t. ,...,.. .,;„"t„,„---...-;„-,.,•,,),.0,4,,,... . t , s�. s d �,i w - d • Ka fr•. 5,. 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Exhibit H RUN DATE:05/17/2021 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM(PROPERTY OWNERS LIST) PAG 1 38 10-117-23 11 0002 38 10-117-23 24 0007 38 10-117-23 31 0064 • HENNEPIN CO REGIONAL RR AUTH LAURIE A ZIEGLER CYNTHIA JORGENSON 38 ADDRESS UNASSIGNED 1150 WILLOW DR S 1205 BROWN RD S ORONO MN 00000 ORONO MN 55391 ORONO MN 55391 HENNEPIN COUNTY LAURIE A ZIEGLER CYNTHIA JORGENSON REGIONAL RAILROAD AUTHORITY 1150 WILLOW DR S 1205 BROWN RD S 701 4TH AVE S SUITE 400 WAYZATA MN 55391 WAYZATA MN 55391 MINNEAPOLIS MN 55415 38 10-117-23 13 0001 38 10-117-23 24 0008 38 10-117-23 31 0065 S T FAWCETT&R L FAWCETT KARA HANS O'BRIEN KACEY RASMUSSEN 1000 BROWN RD S 1140 WILLOW DR S 1223 BROWN RD S ORONO MN 55391 ORONO MN 55391 ORONO MN 55391 SHANE THOMAS FAWCETT KARA HANS O'BRIEN KACEY RASMUSSEN REBEKAH LYNN FAWCETT 1140 WILLOW DR S 1223 BROWN RD S 1000 BROWN RDS WAYZATA MN 55391 WAYZATA MN 55391 WAYZATA MN 55391 38 10-117-23 13 0013 38 10-117-23 24 0018 38 10-117-23 310066 DAVID F SCOTT BETTE PERL REVOCABLE TRUST M T BROWN&M E BROWN 1905 HERITAGE DR 1145 WILLOW DR S 1241 BROWN RD S ORONO MN 55391 ORONO MN 55391 ORONO MN 55391 DAVID F SCOTT BETTE PERL MONICA T&MICHAEL E BROWN 1905 HERITAGE DR 1145 WILLOW DR S 1241 BROWN RD S WAYZATA MN 55391 WAYZATA MN 55391 WAYZATA MN 55391 38 10-117-23 13 0014 38 10-117-23 24 0019 38 10-117-23 31 0069 THOMAS WILSON&JENNY WILSON DOUGLAS PAUL SCHNOOR&WIFE WILLIAM KROLL&LUCY KROLL 1955 HERITAGE DR 1220 LAKEVIEW AVE 1230 ARBOR ST ORONO MN 55391 ORONO MN 55391 ORONO MN 55391 THOMAS WILSON&JENNY WILSON DOUGLAS&NORMA SCHNOOR WILLIAM KROLL&LUCY KROLL 1955 HERITAGE DR 1220 LAKEVIEW AV 1230 ARBOR ST WAYZATA MN 55391 WAYZATA MN 55391 WAYZATA MN 55391 38 10-117-23 13 0016 38 10-117-23 24 0020 38 10-117-23 42 0003 FOXHILL ASSN J K J NIELSEN&E E NIELSEN S E CHARRIER&J L CHARRIER 1105 HERITAGE LA 1165 BROWN RD S 1910 HERITAGE DR ORONO MN 55391 ORONO MN 55391 ORONO MN 55391 FOXHILL ASSN JENNIFER K JOHNSON NIELSEN STEPHEN&JENNI CHARRIER • NANCY BJERKE ERIC E NIELSEN 1910 HERITAGE DR 1035 HERITAGE LA P 0 BOX 54 WAYZATA MN 55391 WAYZATA MN 55391 CRYSTAL BAY MN 55323 38 10-117-23 24 0002 38 10-117-23 24 0022 38 10-117-23 42 0004 M J CRANE&K J CRANE GEORGIA O'CONNOR B R FIELD N/K K FIELD 1045 BROWN RDS 1212 ARBOR ST 1860 SHORELINE DR ORONO MN 55391 ORONO MN 55391 ORONO MN 55391 MATTHEW J CRANE GEORGIA O'CONNOR BENJAMIN RUSH FIELD IV KELLY J CRANE 1212 ARBOR ST KIMBERLY KENNEDY FIELD 1045 BROWN RD S WAYZATA MN 55391 1860 SHORELINE DR WAYZATA MN 55391 WAYZATA MN 55391 38 10-117-23 24 0003 38 10-117-23 24 0023 38 10-117-23 42 0005 R BERRETT&C BERRETT W A JOHNSON&A M FARNHAM J DUTCHER&M K DUTCHER 1085 BROWN RD S 1225 LAKEVIEW AVE 1930 SHORELINE DR ORONO MN 55391 ORONO MN 55391 ORONO MN 55391 ROBERT&CLAIRE BERRETT W A JOHNSON&A M FARNHAM JOSEPH DUTCHER 1085 BROWN RD S 1225 LAKEVIEW AVE 1930 SHORELINE DR WAYZATA MN 55391 WAYZATA MN 55391 WAYZATA MN 55391 38 10-117-23 24 0004 38 10-117-23 24 0024 38 10-117-23 42 0006 N N MIDDENDORF REV LIV TRUST JENNIFER L NORD G D GRUMAN&C L GRUMAN 1105 BROWN RD S 1245 LAKEVIEW AVE 1980 HERITAGE DR ORONO MN 55391 ORONO MN 55391 ORONO MN 55391 NICOLE MIDDENDORF JENNIFER L NORD GREGORY D GRUMAN 1105 BROWN RD S 1245 LAKEVIEW AVE CARRIE L GRUMAN WAYZATA MN 55391 WAYZATA MN 55391 1980 HERITAGE DR WAYZATA MN 55391 38 10-117-23 24 0005 38 10-117-23 24 0032 38 10-117-23 42 0007 CHRIS MILANO&TRACY MILANO TROY WEISS A R NETTLES&A T NETTLES 1115 BROWN RD S 1120 WILLOW DR S 1940 SHORELINE DR ORONO MN 55391 ORONO MN 55391 ORONO MN 55391 CHRIS MILANO&TRACY MILANO TROY WEISS ALAN NETTLES&ANNE NETTLES 9704 GRAND OAK DR 1120 WILLOW DR S 1940 SHORELINE DR AUSTIN TX 78750 WAYZATA MN 55391 WAYZATA MN 55391 • 38 10-117-23 24 0006 38 10-117-23 24 0033 38 10-117-23 42 0016 D A GLEW&P S GLEW K 0 OBERMAIER&W OBERMAIER L MARTINI&C MARTINI 1135 BROWN RDS 1130 WILLOW DR S 1920 SHORELINE DR ORONO MN 55391 ORONO MN 55391 ORONO MN 55391 DUANE A&PATRICIA S GLEW KENT 0 OBERMAIER LELAND MARTINI 1135 BROWN RD S 1130 WILLOW DR S CHRISTINE MARTINI WAYZATA MN 55391 WAYZATA MN 55391 1920 SHORELINE DR WAYZATA MN 55391 RUN DATE:05/17/2021 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM(PROPERTY OWNERS LIST) PAGE:2 38 10-117-23 42 0017 M FEHRESTI&H MOUSAVINASAB • 1910 SHORELINE DR ORONO MN 55391 MAJID FEHRESTI 1910 SHORELINE DR WAYZATA MN 55391 38 10-117-23 42 0018 MICHAEL P DOUGHERTY 1900 SHORELINE DR ORONO MN 55391 MICHAEL DOUGHERTY 2535 PARK AVENUE MINNEAPOLIS MN 55404 38 10-117-23 42 0019 W G COWARD JR&K L COWARD 1950 HERITAGE DR ORONO MN 55391 W GREGORY COWARD JR KATHERINE L COWARD 1950 HERITAGE DR WAYZATA MN 55391 Hennepin County has developed electronic forms of certain property information databases.Hennepin County makes reasonable efforts to produce and publish the most current property information available.The viewer should understand,however,that Hennepin County makes no representation or warranties,either express or implied,or as to merchantability or fitness for a particular purpose regarding the accuracy • and/or completeness of the information contained herein. • Exhibit I Hennepin Hennepin County Locate & Notify Map Date: 5/17/2021- • / 2120 til / - 000 1085 1110,1i159 1105 of 1120 lit N At i*i 1115 a IZ / 1115 a4 r* 1130 .3i / 1135.n0 3 / 4.7 IS. f 1 1 A9.gi co 1150 7'ate 1905 p'"I� p.R3r /ri 1 f,5 it ,/ 1955 rS11 z,,ciHeritage flrr Nk* w .,k44 1', 1205 Ai wi d 1223 10160 1980 X61 244 1T`r 1241 t 661 rill IkarAve 1251 rzi :'10 1900 i 11 '.275 my t i 1255 1940 .:11 51 t285 2001 4 Buffer Size: 500 0 50 100 200 Feet Map Comments: IIIIIIIII 1955 Heritage Dr This data (i) is furnished 'AS IS with no representation as to completeness or accuracy; (i)is furnished with no warranty of any knd, and (ii) is notsuitable for legal, engneedng or surveying purposes.Hennepin County shall not be liable for any damage,injury or loss resulting from this data. 1110 For more information,contact Hennepin County GIS Office 300 6th Street South,Minneapolis,MN 55487/gis.info@hennepin.us • Date Application Received: May 19,2021 Date Application Considered as Complete:May 19,2021 1WATO 60-Day Review Period Expires: July 18,2021 To: Chair Kirchner and Planning Commission Members y ,` Adam Edwards, City Administrator 4kESHOi"" From: Jeremy Barnhart, AICP, Community Development Director Date: June 21, 2021 Subject: #LA21-42, Mohegan Hansen Arch o/b/o CBS MN Properties, LLC, 2060 Wayzata Blvd West, Master Development Plan Approval,Zone Change, and Preliminary Plat Public Hearing Application Summary: The applicant is requesting approval for Master Development Plan, Zone Change, and Preliminary Plat approval for a proposed 48 unit market rate apartment building. Staff Recommendation: Planning Department Staff recommends approval of the Master Development Plan, Preliminary Plat, and zone change to RPUD subject to: 1. Met Council approval of the Comprehensive Plan amendment that reduces the density • below 20- units per acre 2. MCWD approval 3. City Engineer approval 4. Fire Chief approval 5. Approval of the final plat and Development Agreement Background The project was presented as a sketch plan (LA20-53) in March and April of this year. This formal submittal is generally consistent with that submittal. The subject property was/is the site of the proposed Amber Woods Office Center in 2007. Only one building of that project was built. The 2040 Comprehensive Plan guided this property as High Density Residential,from the Office use previously. Proposal The applicant proposes a 48 unit market rate apartment building. The building is three stories, plus one level of underground parking. The units themselves are a mix of 1, 2, and 3 bedroom apartments,with balconies. Each unit is shown with laundry facilities. There are community spaces throughout the building, most notably a community room and adjacent rooftop deck on the south end of the building, on the third floor. • The L shaped building exterior will feature brick, limestone, and metal panels on all four FILE#LA21-42 June 21,2021 Page 2 of 5 elevations.The applicant has indicated there will be no roof mounted mechanical units (Heat/ Ventilation/Conditioning).Any such units will need to be screened from view. Site Improvements. Site improvements include a dog run located west of the existing parking lot, a trail terminating in an outdoor patio in the NE corner of the site, and a large concrete patio type area in the front of the building. Portion of this area will be covered with reinforced turf,to accommodate fire apparatus turning movements. Staff has suggested that a connection to the public trail along Wayzata Blvd be added. Parking. City Code requires 2 parking spaces per unit. Under-ground,there are 66 spaces,and on the surface,to the west of the building, are 55 spaces,totaling 121 spaces. Adjacent to the building is an existing day care center. This day care center will remain, and require 15 stalls. Total parking provided on site is 121 spaces, exceeding the 111 spaces required. The underground spaces are dimensioned as 9 feet by 18 feet,with a 2 foot overhang. The code requires 9 x 20 foot spaces. Access. Access to the site is via a shared driveway off of Wayzata Blvd at the SE corner of the project. There is future potential for this frontage type drive to connect to the commercial businesses to the west, including Orono Station. Cross access easement are recommended. Utilities. The site will be served by municipal water and sanitary sewer. Stormwater will be collected at a number of catchbasins in the parking lot and along the rear of the building and diverted to an existing stormwater pond at the NW corner of Brown and Wayzata Blvd. Plat. The plat proposes to replat the existing property,which now includes 5 office pads, and common area into two building sites (one for the day care center) and a common lot. Because no new lots are created,there is no subdivision proposed. Signage. The building plans show building signs on the south side of the building, one facing Wayzata Blvd,and a second above the entrance. Additionally,the applicant has indicated a desire to upgrade the existing freestanding sign south of the drive. 10% Private recreational. RPUD standards require 10%of the gross land area to be dedicated for private recreational space. These spaces are often tailored to the eventual users of the property, and has varied from trails and gazebos,to recreation rooms and tot lots. The applicant proposes 3500 sq ft of indoor amenities, and 2800 sq ft in exterior amenities: Private Recreation area Bike Storage 441 sq ft Excersize Room 930 sq ft Sitting area (second floor) 243 sq ft Sitting area (third floor) 243 sq ft Community Room 921 sq ft Roof top Deck 745 sq ft Dog Run 2100 sq ft Patio 706 sq ft • FILE#LA21-42 June 21,2021 Page 3 of 5 • Trails 440 feet 6329 sqft 10%of the gross area is 10,800 sq ft. The plans (Exhibit E) shows the applicants proposed amenity, which includes virtually all of the green space on the north and east sides of the building. The Commission should comment on this space as meeting the private recreation requirement. Applicable Regulations: Division 10 of the Orono Zoning Code-RPUD regulation (Exhibit K) Analysis: Building Height. Building Height is limited to 30 feet, though the Council has the discretion to approve a building higher than 30 feet. The Building Height Analysis(Exhibit L)shows the building at 31'-0". The applicant has proposed to lower the ceilings of each of the floor 1 inch, bringing the building to 30' 9",though the plans have not been revised. RPUD zoning establishes a number of conditions and/or criteria. Staffs analysis of these conditions is summarized in the following table. Section Standard Conforming? 1 (1) Minimum area: 5 acres or certain The property to be platted is 2.48 acres. The • exceptions... Council may find that the project conforms to the exception under C: The property is located in an area where the proposed development provides a transition between a commercial or industrial area and an existing residential area or on an intermediate or principal arterial as defined in the comprehensive plan. 2 Uses. Multifamily residential uses are permitted. 3 Sewer availability Yes. 4 Density. Each development in the The Comprehensive Plan guides the property RPUD district shall have a density high density residential,20-25 units per acre. within the range specified in the Including the day care center,density comes in comprehensive plan for the specific at 18.23 units per acre, (48 units over 2.63 site. acres)which is lower than the 20 units per acre required by the Comprehensive Plan. A Comprehensive Plan amendment will be required. 5 Incentives.The city may utilize None requested. incentives to encourage the construction of projects which are consistent with the city's housing goals. 6 Floor Ratio, up to 1.0 Calculated at 0.69(79,125 sq ft of floor area/ 114,562 sq ft of gross land). FILE#LA21-42 June 21,2021 Page 4 of 5 7a Setbacks. Setbacks are 50'to Wayzata The plans reflect a setback of 82 feet from the • Blvd,35'to the rear and the side. Drive front property line,36 feet from the side,and lanes 20'from exterior property lines. 35 feet from the rear property line. It should be noted that these setbacks are measured from the district boundary,the building itself will be developed on its own lot,established just outside the building footprint. 7b Height,stories, roof style Non-Conforming. The ordinance requires a residential character by incorporating pitched or hipped roof,the proposal is for a flat roof. The Council did not have a concern with the flat roof proposed at sketch plan. As noted above, the height of the building is 30'9 inches. The Council may approve a deviation from the height for projects in the RPUD zoning district, but is not obligated to. 7c Outside storage No. None proposed. 11 10%Private Recreational Area(Active The floor plans show areas labeled "amenity" and/or Passive) on the 2"d and 3`d floor,and a 750 sq ft amenity deck on the third floor. 10 percent of the project is 10,800 sq ft. 12 Common Ownership Conforming. Association documents required. 13 Signage Signage located,details not yet developed. 14 Landscaping Landscaping plans provided,appear to be conforming. • 15 Architectural Standards Elevations provided. 16 Flexibility from standards Requested: Height. 17 Traffic Studies Not suggested. 18 Building Permits Expected. 19 General regulations applicability Expected. 20 Lighting Lighting plans provided. 21 Trails Sidewalks and public walks proposed. Comprehensive Plan implications. The 48 units on 2.63 acres establishes a density at 18.235 units per acre, below the 20-25 units per acre required for the subject property, requiring a Comprehensive Plan Amendment. The Council has authorized the initiation of a Comprehensive Plan amendment to create a new land use category of 15-19.9 units per acre. The Comprehensive Plan amendment will be considered at the same time as the Council considers the Final Site and Building Plan, and the Final Plat. Engineer Comments. The city engineer has provided some review comments. They and the applicants response is provided in the attached Exhibit J. Fire Comments. The Fire Department has provided comments, incorporated in the staff comment letter, Exhibit I. FILE#LA21-42 June 21,2021 Page 5 of 5 Public Comments To date, no public comments have been received. Issues for Consideration 1. Does the Commission find it necessary to impose conditions in order to mitigate any potential impacts of the proposed development? 2. Does the Commission have comment on the flexibility requested: a. Height 30'9" instead of 30' b. Private recreation area. 3. Are there any other issues or concerns with this application? Planning Staff Recommendation Planning Staff recommends approval of the Master Development Plan, Rezoning,and preliminary plat subject to the conditions listed above. List of Exhibits Exhibit A. Application Exhibit B. Preliminary Plat Exhibit C. Site-Civil Plans Exhibit D. Architectural Plans Exhibit E. Exterior Amenity Space Exhibit F. Fire Truck Turning Exhibit G. Fire Hose Reach • Exhibit H. Narrative Exhibit I. Staff Response letter Exhibit J. Engineer response letter Exhibit K. RPUD Regulations Exhibit L. Building Height Analysis Exhibit M. Mailing Information S PC Exhibit A Land Use Application Summary LA21-42 Application Date: 05/19/2021 • Address: 2060 Wayzata Boulevard West Orono,MN 55356 Parcel Number: 3411823210039 Land Use Number: LA21-000042 Application Submitted By: Agent on behalf of property owner Owner: Name: CBS MN PROPERTIES LLC Address: PO BOX 575LONG LAKE MN 55356 Applicant: Name: Jennifer Kaplan Company: Mohagen Hansen Architecture In Address: 1000 Twelve Oaks Center Dr. Wayzata, MN 55391 jkaplan@mohagenhansen.com Contact Information: Associated Contact: CBS MN PROPERTIES LLC Associated Contact: Tom Gregory tgregory@loucksinc.com Associated Contact: Associated Contact: Project Description: Multi-Family Apartment Building 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: !��,,� • C7 r L ``f') 229 § ° ff IUII 1 $ Y C 9!4i ^'2 R 0 1 L (r a WLU d Y yR --Ig �N ¢� `i Y{[19i Y; r ' i my �); f a • F N Na nm I G.. 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Nig o ,, VII 1 iii► ��,� a Ni J 3 �� _k, ! � NA / J7II I 1 t2 L' 7 //: /1/ I1 LU w oo , � � 1 0 WWW Jr. / :5-- U F j U1 '.1 h, 3....-i: 1 - \ LLL 1 PC Exhibit H LA21-42 Project Narrative Eagle Ridge Residential Development As an existing business owner in Orono,the objective of Dale Richardson and his company is to improve the property location and maintain the high quality standards the city proudly displays. The project will compliment the city's available need for up-scale multi-family housing. None of the existing multi-family developments in the area are specifically focused on the up-scale demographic being proposed. In addition,the project can provide an alternative to Orono residents who are downsizing and considering leaving the area to find this type of higher end rental options. The proposed development property was originally zoned for Light Office use and the business owner has submitted request and is awaiting Multi-family Residential approval to house the proposed Eagle Ridge Residential Development. The proposed development is an up-scale residential building offering fully self-contained (heat/AC, water heater and laundry) units and deluxe amenities. Amenities to include: Guest unit Rental (nightly) BBQ/Fire Pit Area Outdoor Recreation Area . Fitness Room with Sauna Dog Run &Off-leash Play Area Underground Parking with Electric Car charging station Bike Racks Roof Top Deck Eagle Ridge Residential will feature a variety of 1Bedroom, 2 Bedroom and 3 Bedroom units housed in one building located at 2060 Wayzata Boulevard in Orono, MN. The project will include underground parking and surface parking with extra spaces for guests. The driveway system allows access for emergency vehicles and handicapped-accessible parking will also be provided. A secure bike rack area will be provided, allowing residents to easily utilize the community's many bike trails. Owner may convert the proposed rentals in to private condominiums and sell as such in the future. • PC Exhibit I I I LA21-42 , I June 14, 2021 MOHAGEN HANSL Architecture Interiors Mr.Jeremy Barnhart,AICP Community Development Director City of Orono P. O. Box 66 Crystal Bay, MN 55323 Re: City Response Letter Eagle Ridge Multi-Family City File # LA21-000042 Mohagen Hansen Project#21011 Dear Mr. Barnhart: In response to your Inspection/Plan Review letter dated June 7,2021, regarding the above referenced project,we would like to offer our explanation and resolution to the outstanding issues: Building Height 1. By my calculations,the building is 31 feet high, based on 10 feet above the lowest ground level. I've attached my worksheet. The Council was clear in not supporting any building higher than 30 feet, defined height. Response: The building can be reduced 1"for each residential floor. The final adjusted building height will be 30'-9". Fire Comments . 2. The Fire Chief,James Van Eyll, has provided comment:The fire department requires access to all sides of the building.The truck needs to be able to stretch a 300 foot hose line and reach all sides with the tip of that hose line.The Fire Department Connection (FDC) is required and so is the Post Indicating Valve (PIV). Both should be located in a visible spot.We prefer the front side of the building.The PIV should only shut off the water to the sprinkler system and not the entire building. Response: The attached graphic shows the 300 ft hose line will reach all sides of the building as well as C4-1. The attached plans show the PIV and FDC proposed locations. A separate domestic water line has been added to service the building on sheet C4-1. Engineering Comments 3. The city engineer's comments are attached. Response: See attached Responses from the Civil Engineer General Comments 4. Please confirm the Floor Area Ratio by provided the floor areas of all levels of the structure. a. Please note on the plan where mechanical units (heating/ventilation/AC) will be located. If they are to be located on the roof, please provide a cross section of the elevation of the building with these units,to verify screening as required by 78-626(14)g. Response: FAR = Floor= 79,125SF, Site=114,562.8SF- 79,125/114562.8 =.69 Response: The mechanical/AC will be located in each unit. The common area will have the same type of system with an interior closet within the common area. b. Please show any freestanding signage proposed. 4111 MH Eagle Ridge Multi-Family Response Letter June 14,2021 Page 2 of 3 Response: The Existing Monument sign on Wayzata Blvd will be modified. c. Please provide a photometric plan, showing light levels throughout the site. Response: See Attached.Additional lights will be added to the building at each entry/exit door 5. Sheet A200 a. Please verify the turning radii for the spaces at the short end of the el, in particular those 'west' of the staircase. Response: Final parking will comply with parking regulations. See attached for Back-up dimensions. b. The width of the parking spaces are not dimensioned. Response: 9'-0"wide parking stalls provided. See Attached. c. I note that the spaces are 18' deep where the city code requires 20'. Response: We have provided a 2'-0"min overhang. See Attached 6. Sheet A201. Please provide a layout of the apartment types. . Response: See Attached. 7. Sheet A202. The community sitting area is highlighted, and outside of the building there is a note for community bike space. Please clarify,this appears to be up a level from grade. Response: This was a drawing error. 8. Site Plan a. Engineering will be required for the retaining walls. Response: This will be done with construction plan documents b. Some sort of fence or similar is necessary along to top of these walls that are greater than 4 feet. Response: Back picket fencing (similar to existing) will be on walls over 4 ft tall 9. Plat. The plat proposes a drainage and utility easement over all lot 3. Please verify this lot may also be used for parking, access, and signage. Response: Lot 3 will be used for parking, access and signage. D&U easements do not restrict these surface improvements 10. Grading and Drainage plan. This plan shows the existing sign for the day care center. Is another freestanding sign proposed, or with the apartment building utilize this sign structure? Response: The existing monument sign will be modified for new project S MohagenHansen.com I Ii I Eagle Ridge Multi-Family Response Letter June 14,2021 111/ Page 3of3 11. Exterior Amenity Plan a. Please provide a detail of the fence around the dog run. Response: Black metal fence. _ IIIIIIMIIuIIIIN►! : b. A trail connection to the trail along Wayzata Blvd is recommended. Response:A trail connection to the sidewalk on Wayzata Blvd already exist at the SE corner of the site. 12. Landscaping Plan a. Landscaping requirements are outlined in Section 78-626(14).The number of trees are based on the greater of 1 tree / 1000 sqft of footprint area, or 1 tree per 40 fee of lot width, whichever is greater. My calculations require 27 over-story trees, 12 coniferous, and 51 shrubs. Response:See attached for new landscape plan. • b. The landscaping plan should include the 2-foot contours. Response: We will comply c. Please adjust the plan to meet those requirements. Response:See attached Should you have any questions or require additional information, please contact me at(952)426-7400. Sincerely, MOHAGEN HANSEN Architecture I Interiors Jennifer Kaplan,AIA Project Manager K:\Jobs\EagleRidge- MultiFamily_21011\01_Admin\CODE Entitlement\20210614_Responselnformation\21011_RespLtr JeremyBarnhart 20210609.docx I Mohagen H ansen.corn PC Exhibit J LA21-42 1111 • MEMORANDUM UI Louc KS TO: Jeremy Barnhart, City of Orono FROM: Val Anderson, PE, Loucks Associates CC: Dale Richardson, CBS MN Properties, LLC DATE: 6/11/2021 PROJECT: Eagle Ridge SUBJECT: Engineering Review#1 Loucks has received comments from the City's engineer dated June 2,2021.We have reviewed comments and addressed the comments to the best of ability.Please see written comments and responses below. 1. The following permits will need to be obtained and copies provided to the City conditional to City approval: a. Minnehaha Creek Watershed District Permit b. NPDES Permit for Stormwater Discharge i Noted,permits are being submitted for as required 2. The rock construction entrance and pavement reconstruction are proposed on the adjacent property,and retaining wall construction along the east property line may require access to adjacent property. Therefore,a Temporary Construction agreement will be necessary with the owner of 2040 Wayzata Boulevard to install proposed improvements. A copy of the agreement must be provided to the City conditional to final approval. a. The rock construction has been moved to the propery. There is some pavement disturbance to connect water. Our understanding is the current joint easements cover maintenance items. 3. An Engineer's Estimate for proposed improvements must be provided to determine the Letter of Credit amount required. The letter of credit shall be 150%of the estimate. If Minnehaha Creek Watershed District requires an escrow for erosion control and restoration,additional escrow to the City of Orono should not be necessary for these items. a. An engineer's estimate will be provided once final design is approved. 4. The condition of the regional pond and storm sewer east of the site must be reviewed by the City and Contractor prior to any work. The pond bottom must be verified with survey prior to any work,and once work commences,the Contractor shall be responsible for removing any sediment added to the pond or sewer due to site construction. a. A note on sheet C3-1 has been added to verify the pond bottom. 5. Hydrant,gate valve,and fire connection locations must be reviewed by the Fire Chief and City Engineer. a. Ciy staff has reviewed and will continue to review as needed. 6. All connections to watermain and sanitary sewer must be coordinated with the City. Contractor must provide a minimum 48-hour prior notice. a. Added to notes on sheet C4-1. 7. Perimeter erosion control measures must be installed by the Contractor and inspected by the City prior to any other work. Contractor must provide minimum 24-hour notice prior to inspection. • a. Added to notes on C3-3 PLANNING I CIVIL ENGINEERING I LAND SURVEYING I LANDSCAPE ARCHITECTURE I ENVIRONMENTAL www.loucksinc.com 7200 Hemlock Lane,Suite 300, Maple Grove, MN 55369 1763.424.5505 8. Retaining walls 4'or greater in height must be designed by a licensed Professional Engineer. Wall • plans must be submitted for review prior to construction. a. Retaining walls over 4 ft in height will be designed by a professional engineer during construction plan preparation. 9. Fencing must be provided on walls 4'or greater in height. Fencing must be indicated on the plans and details included accordingly. a. Fencing will be provided on top of walls to match existing black wrought iron fence along north side. See Architectural for detail. 10. Gate valves must be provided at or near proposed connection points to the existing system. The eastern connection must be adjusted so it is not directly under curb or in conflict with the storm sewer. a. Gate valves have been added and the rerouting has been adjusted so it is not under the curb or storm sewer. 11. Due to the inaccessible location of CBMH-18 and manhole depth,the applicant should consider removing the sump. a. Sump has been removed. 12. A Prairie Rose Crabapple near the entrance is indicated over the watermain. This tree location must be adjusted to remove the conflict. The Prairie Rose Crabapple has been relocated. 13. The Stormwater Pollution Prevention Plans shall be revised as outlined in the attached SWPPP Review Checklist. Following are the general items that must be addressed: a. Identify persons responsible for inspections and BMP maintenance.A contractor has not been selected yet, when the project moves forward and a contractor is selected, their responsible person will be listed for maintenance and inspections. b. Provide map of surface waters,impaired waters within 1 mile. The map has been added,as well as a list of water bodies. c. Provide training certifications.Designer cert fcate has been added to the sheet C3-3, a copy of other certificates will be stored with the SWPPP as contractors are selected • 14. Record drawings must be submitted upon completion of the project. a. Noted S Page 2 PC Exhibit K DIVISION 11.-RPUD RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT LA21-42 Footnotes Cross reference—Planned unit development,§78-1001 at saq. Sec.78-621.-Purpose. The purpose of the residential planned unit development(RPUD)district is to provide a district which will allow for the implementation of certain residential housing goals established in the 2000-2020 Orono Community Management Plan("CMP"or"comprehensive plan").The RPUD district is established to accommodate the densities and types of residential development contemplated in the CMP by incorporating the principles of the planned unit development concept.The RPUD district will encourage the following: (1) Flexibility In land development and redevelopment in order to utilize new techniques of building design,construction and land development; (2) Provision of housing to meet lifecycle,and affordable and moderate cost housing needs; (3) Energy conservation through the use of more efficient building designs and sitings and the clustering of buildings and land uses; (4) Preservation of desirable site characteristics and open space and protection of sensitive environmental features,including steep slopes,poor soils and trees; (5) High quality of design and design compatible with surrounding land uses,including both existing and planned; (6) Sensitive development in transitional areas located between different land uses and along significant corridors within the city;and (7) Development which is consistent with the comprehensive plan. (Ord.No.202 2nd series,§1(1),2-26-2001) Sec.78-622.-Exceptions. This section shall not apply to any residential PUD or PRD which has received preliminary or final approval by the city council prior to the effective date of the ordinance from which this division is derived,unless such application is requested by the property owner and approved by the city council. (Ord.No.202 2nd series,§1(9),2-26-2001) Sec.78-623.-Permitted uses. Within the RPUD district,no structure or land shall be used except for one or more of the following uses: (1) One-family detached dwellings. (2) Publicly owned parks and playgrounds. • (3) Municipal buildings. (4) Multifamily attached dwellings only when consistent within the areas of the city designated as urban area in the comprehensive plan. (Code 1984,§10.20(2);Ord.No.202 2nd series§1(2),2-26-2001) State Law reference—State mandated permitted uses,Minn.Stat.§462.357,subd.7. Sec.78-624.-Conditional uses. Within the RPUD district,no land or structure shall be used for the following uses except by conditional use permit: (1) Public service structures.Public service structures,Including but not limited to electric transmission lines,buildings,such as telephone exchange stations,booster or pressure regulating stations,wells,and plumbing stations,elevated tanks,lift stations and electrical power substations,provided no building shall be located within 50 feet from any lot line of an abutting lot in an R district.Prior to granting such permit it shall be found that the architectural design of service structures is compatible to the neighborhood in which it is to be located and thus will promote the general welfare.Public service structures that have been approved by the city at required public hearings for public Improvement projects shall not require a conditional use permit,but such structures shall be subject to all other appropriate standards set forth in this section;amendments to approved plans Involving design and/or placement of these structures will require written notice by the city to all affected property owners 14 days prior to the adoption of the amended plans by the council.Personal wireless services and commercial broadcasting antennas and towers shall not be considered public service structures.Uses allowed by conditional use permit shall be reviewed for compliance with the PUD master development plan and with the applicable conditional use permit standards of this division.Uses allowed by conditional use permit shall also be subject to site and building plan review pursuant to this division. (2) Assisted living facilities.Assisted living facilities as defined In this chapter,subject to the general conditions and multifamily-specific conditions applicable to uses in the RPUD district. (Ord.No.202 2nd series,§1(3),2-26-2001;Ord.No.75 3rd series,5 1,7-12-2010) Sec.78-625.-Accessory uses. Within any RPUD district,the only permitted accessory uses and structures are the following: (1) Private garages and parking space. (2) Private swimming pools,tennis courts,and paddocks. (3) Home occupations,as defined in this chapter.All home occupations shall comply with the provisions of section 78-1376 and the licensing provisions of section 26-76 when applicable. S (4) Signs,as regulated in this chapter. (5) Buildings temporarily located for purposes of constructing on the premises for a period not to exceed time necessary for such constructing. (6) Gardening and other horticultural uses,including aviaries and decorative landscape features. (7) Communication reception/transmission devices as follows: a. Accessory antennas,which shall be limited to radio and television receiving antennas,satellite dishes,TVROs,and amateur shortwave radio transmitting and receiving antennas.Accessory antennas that are accessory to the principal use of property are permitted accessory uses in all zoning districts,provided they meet the following conditions: 1. Height.A ground-mounted accessory antenna shall not exceed 20 feet in height from ground level. 2. Yards.Accessory antennas shall not be located within the required front yard setback,corner side yard setback or side yard setback abutting a street. 3. Roofs.If vegetation or obstructions interfere with satellite signals at a location in any allowable placement area,the accessory antenna may be placed on the roof of any authorized structure on the premises. 4. Location.Accessory antennas shall not be located within a required yard or setback area or within drainage or utility easements.Antenna towers shall be set back from adjacent property lines a horizontal distance no less than the maximum height of the antenna. 5. Building permits.A building permit shall be required for the installation of any accessory antenna requiring a conditional use permit.Building permit applications shall be accompanied by a site plan and structural component data for the accessory antenna,including details of anchoring.The building official must approve the plans before installation. 6. Lightning protection.Each accessory antenna shall be grounded to protect against natural lightning strikes in conformance with the National Electrical Code as adopted by the city. 7. Electrical code.Accessory antenna electrical equipment and connections shall be designed and installed in conformance with the National Electrical Code as adopted by the city. 8. Color/content.Accessory antennas shall be of a neutral color and shall not be used as signage. b. Amateur shortwave radio antennas and towers which do not meet the conditions for accessory antennas may be allowed with a conditional use permit in all zoning districts, provided they meet the following conditions: 1. Height.When an amateur shortwave radio antenna is mounted on an antenna tower,the total height of the antenna and tower shall not exceed 65 feet. 2. Yards.Amateur shortwave radio antennas and towers shall not be located within a front corner side or side yard. 3. Setbacks.Amateur shortwave radio antennas and towers shall not be located within any required setback area and shall be located no less than the height of the antenna and town from the property line. (8) Privately owned buildings to be used for recreational or social purposes,or for use as storage areas for maintenance equipment or rubbish. (9) Other uses that are customarily Incidental to,and subordinate to,the allowed permitted and conditional uses in this district. (Code 1984,§10.20(4);Ord.No.161 2nd series,§6,6-7-1997;Ord.No.202 2nd series,41(4),2-26-2001;Ord.No.221 2nd series,§3,9-23-2002;Ord.No.106 3rd series,§12,6-10-2013) Sec.78-626.-Development standards. Within the RPUD district all development shall be in compliance with the following: (1) Minimum area;shoreland district limitation.Each site proposed for rezoning to RPUD shall have a minimum area of five acres,excluding areas within a designated wetland, floodplain or shoreland district or right-of-way,unless the council finds the existence of one of the following: a. Unusual physical features of the property itself or of the surrounding neighborhood such that development as a RPUD will conserve a physical or topographic feature of • importance to the neighborhood or community. b. The property is directly adjacent to or across a public street from property which has been developed previously as a RPUD or planned residential development and will be perceived as and will function as an extension of that previously approved development. c. The property is located in an area where the proposed development provides a transition between a commercial or industrial area and an existing residential area or on an intermediate or principal arterial as defined in the comprehensive plan. d. The property contains steep slopes or a substantial number of significant trees that could be preserved through the clustering of buildings or other design techniques not generally allowed by the existing zoning district. No property located within 250 feet of the ordinary high water level(OHWL)of a protected lake or tributary as defined in article IX of this chapter shall be rezoned to RPUD. However,for a property that is partially located less than 250 feet from the OHWL and partially located more than 250 feet from the OHWL,the portion located more than 250 feet from the OHWL may be rezoned to RPUD at the discretion of the city council when all other requirements are met. (2) Uses.Each property rezoned to RPUD shall only be used for the use or uses for which the site is designated in the comprehensive plan,except that the city may permit rezoning to RPUD on a site designated for commercial use if the city council finds that such use is in the best interests of the city and Is consistent with the requirements of this division.If a commercial site is to be rezoned to RPUD,the city may forward a copy of the request to the metropolitan council for review. (3) Sewer availability.A site proposed to be rezoned to RPUD with proposed density greater than one unit per two acres must be in the metropolitan urban services area(MUSA) and must be serviced by municipal sewer. (4) Density.Each development In the RPUD district shall have a density within the range specified in the comprehensive plan for the specific site.If the site Is not designated in the comprehensive plan for residential use,the appropriate density shall be determined by the city based upon the city council's finding that such density is consistent with the intent of this division and of the comprehensive plan.Developments with proposed densities In excess of the densities contemplated in the comprehensive plan shall be allowed only on properties which are currently zoned and guided for commercial use,in order to maintain the character and integrity of the areas zoned and guided for residential use. (5) Incentives.The city may utilize incentives to encourage the construction of projects which are consistent with the city's housing goals.Incentives may include modification of density(only for properties currently zoned and guided for commercial use)and floor area ratio requirements for developments providing lifecycle housing and affordable and moderate cost housing.Incentives for affordable and moderate cost housing may be approved by the city only after the developer and city have entered into an agreement to ensure that the low and moderate cost units remain available to persons of low and moderate income for at least 20 years. (6) Floor area ratio.Floor area ratios(FARs)shall be limited per the following table: Comprehensive Plan Designation Maximum Floor Area Ratio* Low or medium density residential(up to 50 and including 6.0 units per acre) 0.5 • High density residential(in excess of 6.0 units per acre) 1.0 *FAR=Total Building Floor Area/Total Lot Area Individual lots within a development in the RPUD district may exceed these standards as long as the average meets these standards. (7) Development standards for attached and multifamily dwelling structures.Each site rezoned to RPUD and developed for attached or multiple-family dwelling uses shall be subject to the following standards: a. Setbacks and separation of uses.Within the RPUD district the setback for all attached and multifamily dwelling buildings and their accessory buildings from any bordering or abutting street line shall be 35 feet for local streets and 50 feet from railroad lines or collector or arterial streets,as designated in the comprehensive plan,except that in no case shall the setback be less than the height of the building.The setback for all buildings from exterior RPUD site lot lines not abutting a public street shall be 35 feet,except that in no case shall the setback be less than the height of the building.Building setbacks from Internal public streets shall be determined by the city based on characteristics of the specific RPUD site.Parking lots and driving lanes shall be set back at least 20 feet from all exterior lot lines of a RPUD site.The setback for parking structures,including decks and ramps,shall be 35 feet from local streets and 50 feet from all other street classifications,except that In no case shall the setback be less than the height of the structure.Parking structure setbacks from external lot lines shall be 50 feet or the height of the structure,whichever is greater,when adjacent to residential properties;35 feet,when adjacent to nonresidential properties.Parking structure setbacks from Internal public or private streets shall be determined by the city based on characteristics of the specific RPUD site.Where industrial uses abut developed or platted single-family lots outside the RPUD site,greater exterior building and parking setbacks may be required in order to provide effective screening.The city council shall make a determination regarding the adequacy of screening proposed by the applicant.Screening may include the use of natural topography or earth berming,existing and proposed plantings and other features,such as roadways and wetlands,which provide separation of uses.Property rezoned to RPUD shall be considered a residential district for purposes of determining building and parking setback requirements on adjacent high density residential,commercial and industrial property outside the RPUD. b. Height/imitations.For properties guided for residential use in the comprehensive plan,a building height limit of 30 feet shall apply.For properties currently zoned or guided in the comprehensive plan for commercial use,height may exceed 30 feet but shall not exceed three stories(not including underground parking level)and shall maintain a residential character by incorporating pitched or hipped roof structure.No mansard or flat roofed multiple-family building will be allowed. c. Outside storage/imitations.Building materials,recreational vehicles,boats,RV's,snowmobiles,and other items of personal property shall not be stored outside within any site used for attached or multifamily uses. (8) Development standards for single-family detached dwellings In the RPUD district.Each RPUD site developed for single-family detached dwellings at medium density(i.e., densities ranging from one unit per acre to six units per acre)shall be subject to the following standards: a. Permitted locations:In areas of the city where smaller single-family detached dwelling lots will allow for clustering to preserve significant natural features,or in areas where a mixture of higher density attached dwellings and lower density detached single-family dwellings will result in a development that does not exceed the overall guided density. b. Minimum SFR lot size:15,000 square feet. c. Minimum lot width at the setback line:90 feet. d. Minimum lot depth:125 feet. 4110 e. Minimum front yard setback:25 feet on Internal streets within the RPUD site.On exterior or through streets a setback of 35 feet must be provided on local streets and a 50- foot setback on collector or arterial streets,as defined in the comprehensive plan. f. Minimum side yard setback:ten feet along interior lot lines;15 feet on lot lines along the exterior of the RPUD site.Side yards abutting streets must meet the minimum front yard setbacks as noted in subsection(8)e of this section.Structures in side yards abutting another residential zoning district shall meet the side yard setback requirement of the adjacent zoning district. g. Rear yard setback:minimum of 40 feet or 20 percent of the depth of the lot,whichever is less. h. Building height:maximum of 30 feet. i. All dwelling units,including manufactured homes,shall have a depth of at least 20 feet for at least 50 percent of their width.All dwelling units,including manufactured homes,shall have a width of at least 20 feet for at least 50 percent of their depth. j. All dwellings shall have a permanent foundation in conformance with the state building code. k. Accessory structures shall conform to the setbacks established for principal structures,except as follows: 1. All accessory structures located more than ten feet from a principal structure may be located a minimum of ten feet from a rear or side lot line when that line does not abut a street right-of-way. 2. No accessory structure shall be located closer to the front lot line than the principal structure,regardless of the principal structure setback. I. No accessory structure shall occupy more than 30 percent of the side or rear yard in which it is located,nor exceed 1,000 square feet in area,nor exceed 12 feet in height. m. Off-street parking shall be provided for at least two vehicles for each single-family dwelling.A suitable location for a garage measuring at least 20 feet by 24 feet without a variance shall be provided and Indicated as such on a site plan or certified site plan to be submitted when applying for a building permit to construct a new dwelling or alter an existing garage. (9) More than one building allowed.More than one building may be placed on one platted or recorded lot in a RPUD site. (10) Single housing type permitted.Any RPUD development which involves a single housing type shall be permitted,provided that it is otherwise consistent with the objectives of this division and the comprehensive plan. (11) Private recreational area.Each RPUD development shall provide a minimum of ten percent of the gross project area In private recreational uses for project residents.Such area shall be for active or passive recreational uses suited to the needs of the residents of the project,Including swimming pools,trails,nature areas,picnic areas,tot lots and saunas. Private recreational area requirements are in addition to the standard park dedication requirements. (12) Ownership.All property to be included within a RPUD development shall be under unified ownership or control,or subject to such legal restrictions or covenants as may be necessary to ensure compliance with the approved master development plan and final site and building plan. (13) Signage.Signs shall be restricted to those which are permitted in a sign plan approved by the city and shall be regulated by permanent covenants. • (14) Landscaping,screening and buffering. a. Landscape plan requirements.Landscape plans shall be prepared by a landscape architect or other qualified person acceptable to the city,drawn to the scale of not less than one inch equals 50 feet and shall show the following: 1. Boundary lines of the property with accurate dimensions; 2. Locations of existing and proposed buildings,parking lots,roads,trails and other improvements; 3. Proposed grading plan with two-foot contour intervals; 4. Location,approximate size and common name of existing trees and shrubs; 5. A planting schedule containing symbols,quantities,common and botanical names,size of plant materials,root condition and special planting instructions; 6. Planting details illustrating proposed locations of all new plant material; • 7. Locations and details of other landscape features,Including berms,fences and planter boxes; 8. Details of restoration of disturbed areas,including areas to be sodded and seeded; 9. Location and details of irrigation systems;and 10. Details and cross sections of all required screening. b. Minimum landscaping requirements. 1. All open areas of a lot which are not used or Improved for required parking areas,drives,trails or storage shall be landscaped with a combination of deciduous and coniferous species,including overstory trees,understory trees,shrubs,flowers and groundcover materials.The plan for landscaping shall include ground cover,bushes, shrubbery,trees,sculpture,foundations,decorative walks or other similar site design features or materials in a quantity having a minimum value in conformance with the following table: Minimum Tree and Shrub Requirements Vegetation Type Size Quantity Overstory deciduous trees 2.5-inch bb(Caliper) One tree per 1,000 gross square feet of building footprint area or one tree per 40 lineal feet of site perimeter,whichever is greater. Coniferous trees 6-foot height bb Minimum of 30 percent of required overstory trees must be coniferous Understory shrubs 3-gal.potted or 18-inch One shrub per 300 gross square feet of building footprint area or one shrub per 30 lineal feet of site perimeter,whichever is greater. Ornamental deciduous trees 1.5-inch bb(Caliper) Not required;but two ornamental deciduous trees may be substituted for one required overstory deciduous tree(maximum substitution equals 25 percent of required overstory deciduous trees) Credits for existing trees:The city council shall have sole discretion whether credit shall be granted for existing healthy trees i In instances where healthy plant materials of acceptable species exist on a site prior to Its development,the application of the standards In subsection(14)b of this section may be adjusted by the city to allow credit for such material,provided that such adjustment is consistent with the Intent of this division. 2. A reasonable attempt shall be made to preserve as many existing trees as is practicable and to incorporate them into the site plan. 3. All new overstory trees shall be balled and burlapped or moved from the growing site by tree spade.Deciduous trees shall have a minimum caliper of 215 inches. Coniferous trees shall be a minimum of six feet in height.Ornamental trees shall have a minimum caliper of 1/Inches. 4. All site areas not covered by buildings,sidewalks,parking lots,driveways,trails,patios,or similar hardcover shall be covered with sod or an equivalent ground cover approved by the city.This requirement shall not apply to site areas retained in a natural state. 5. In order to provide for adequate maintenance of landscaped areas,an underground sprinkler system shall be provided as part of each new development,except one- and two-family dwellings and additions to existing structures which do not at least equal the floor area of the existing structure.A sprinkler system shall be provided for all landscaped areas,except areas to be preserved in a natural state. 6. Not more than 50 percent of the required number of trees shall be composed of one species.The city shall maintain a list of prohibited species,which shall not be used for landscaping. c. Interior parking lot landscaping. 1. All parking lots containing over 100 stalls shall be designed to Incorporate unpaved,landscaped islands In number and dimension as required by the city.All landscape islands shall contain a minimum of 180 square feet.Islands which are necessary to promote the safe and efficient flow of traffic shall not be subject to the 100-stall standard and shall be required by the city when warranted. 2. Parking lot landscape areas,including landscape islands,shall be reasonably distributed throughout the parking lot area so as to break up expanses of paved areas. Parking lot landscape areas shall be provided with deciduous shade trees,ornamental or evergreen trees,plus ground cover,mulch and/or shrubbery as determined appropriate by the planning commission.Parking lot landscape trees shall be provided at the rate of one tree for each 15 surface parking spaces provided,or major fraction thereof.Parking lot landscaping shall be contained in planting beds bordered by a raised concrete curb or equivalent approved by the planning commission. d. Maintenance of landscaping.The owner,tenant and their respective agents shall be jointly and severally responsible for the maintenance of all landscaping in a condition presenting a healthy,neat and orderly appearance and free from refuse and debris.Plants and ground cover which are required by an approved site or landscape plan,and which have died,shall be replaced within three months of notification by the city.However,the time for compliance maybe extended up to nine months by the city In order to allow for seasonal or weather conditions. e. Retaining walls.Retaining walls exceeding four feet in height,and staged walls which cumulatively exceed 16 feet in height or Involve more than four tiers,must be constructed in accordance with plans prepared by a registered engineer or landscape architect. • f. Landscaping performance security required.When screening,landscaping or other similar improvements to property are required by this division,a letter of credit shall be supplied by the owner in an amount equal to at least 11/2 times the value of such screening,landscaping or other Improvements.The letter of credit shall be conditioned upon reimbursement of all expenses incurred by the city for engineering,legal,contracting or other fees in connection with making or completing such Improvements.The letter of credit shall be provided prior to the issuance of any building permit and shall be valid for a period of time equal to two full growing seasons after the date of installation of the landscaping.The city may accept some other form of security in lieu of a letter of credit in an amount and under such conditions that the city may determine to be appropriate.If construction of the project is not completed within the time prescribed by building permits and other approvals,the city may,at its option,complete the work required at the expense of the owner and the surety.The city may allow an extended period of time for completion of all landscaping,if the delay is due to conditions which • are reasonably beyond the control of the developer.Extensions,which may not exceed nine months,may be granted due to seasonal or weather conditions.When an extension is granted,the city shall require such additional security as it deems appropriate. g. Screening and buffering. 1. The following uses shall be screened or buffered in accordance with the requirements of this section: I. Principal buildings and structures and any building or structure accessory thereto used for residential uses at a density of greater than four units per acre shall be buffered from residential lots located in any R district. ii. Off-street parking facilities containing six or more spaces shall be buffered from streets located within 50 feet.Parking facilities shall be buffered with landscape zones. Iii. Loading docks shall be screened from all lot lines and public roads. iv. Trash storage facilities shall be screened from all lot lines and public roads. v. Access roads serving multifamily buildings shall be screened as necessary to eliminate the impact of vehicle headlights shining toward adjacent residential neighborhoods. 2. Required screening or buffering may be achieved with fences,walls,earth berms,hedges,or other landscape materials.All walls and fences shall be architecturally harmonious with the principal building.Earth berms shall not exceed a slope of 3:1.The screen shall be designed to employ materials which provide an effective visual barrier during all seasons. 3. All required screening or buffering shall be located on the lot occupied by the use,building,facility or structure to be screened.No screening or buffering shall be located on any public right-of-way or within eight feet of the traveled portion of any street or highway. 4. Screening or buffering required by subsection(14)of this section shall be of a height needed to accomplish the goals of subsection(14)of this section.Screening methods incorporating roofs over storage,trash or mechanical facilities to screen from higher adjacent properties or buildings may be required.Height of plantings required under subsection(14)of this section shall be measured at the time of installation. (15) Architectural standards. a. It Is not the intent of the city to restrict design freedom unduly when reviewing project architecture in connection with a site and building plan.However,it Is In the best Interest of the city to promote high standards of architectural design and compatibility with surrounding structures and neighborhoods.Architectural plans shall be prepared by an architect or other qualified persons acceptable to the city and shall show the following for all structures other than single-family detached dwellings: 1. Elevations of all sides of the building. 2. Type and color of exterior building materials. 3. A typical floor plan. . 4. Dimensions of all structures. 5. The location of trash and recycling containers and of heating,ventilation and air conditioning equipment. b. Unadorned prestressed concrete panels,concrete block and unfinished metal shall not be permitted as exterior materials for residential principal and accessory buildings. This restriction shall apply to all principal structures and to all accessory buildings.The city may,at Its discretion,allow architecturally enhanced block or concrete panels. c. Accessory buildings shall be architecturally compatible with principal structures. d. All rooftop or ground-mounted mechanical equipment and exterior trash and recycling storage areas shall be fully enclosed or screened so as to be not visible with materials compatible with the principal structure. e. Underground utilities shall be provided for all new and substantially renovated structures(the term"substantially renovated"shall mean when the renovations exceed 30 percent of the prerenovation value of the structure). (16) Flexibility.The uniqueness of each RPUD requires that specifications and standards for streets,utilities,public facilities and subdivisions may be subject to modification from the city ordinances ordinarily governing them.The city council may therefore approve streets,utilities,public facilities and land subdivisions which are not in compliance with usual specifications or ordinance requirements,If it finds that strict adherence to such standards or requirements Is not required to meet the intent of this section or to protect the health,safety or welfare of the residents of the RPUD,the surrounding area or the city as a whole. (17) Traffic studies.The city may require a traffic analysis to be prepared by a registered traffic engineer approved by the city to assess potential traffic impacts on local streets.If impacts on service levels of roadways and Intersections are anticipated,the project will be approved only contingent upon a traffic management plan that adequately mitigates those impacts.The plan may include travel demand management strategies,use of transit facilities or other appropriate measures to reduce traffic generation,and necessary improvements to road systems.The developer shall have the responsibility to install all necessary road system improvements. (18) Building permits.No building or other permit shall be issued for any work on property Included within a proposed or approved RPUD development,nor shall any work occur unless such work Is in compliance with the proposed or approved RPUD development. (19) General regulations applicability.The requirements contained in this division pertaining to general regulations for residential districts and performance standards shall apply to a RPUD development as deemed appropriate by the city. (20) Lighting standards.All RPUD developments shall be subject to the general performance standards for lighting in this chapter. (21) Trails.When any portion of the project is within 1,000 feet of a public trail system,pedestrian access shall be provided to the trail system by means of a public trail constructed at the developer's expense.Where public rights-of-way are available,at the city's discretion the trail may utilize the public right-of-way.Trails shall be of bituminous construction,or such other material as may be approved by the city and shall be not less than eight feet In width. (Ord.No.202 2nd series,§1(5),2-26-2001;Ord.No.94 3rd series,§2,9-24-2012;Ord.No.189 3rd series,§6,4-10-2017) Sec.78-627.-Review of application;procedures. (a) Concept plan review.In order to receive guidance in the design of a RPUD prior to submission of a formal application,an applicant may submit a concept plan for review and comment by the planning commission and city council.Submission of a concept plan is optional but Is highly recommended for large RPUDs.In order for the review to be of most help to the applicant,the concept plan should contain such specific Information as is suggested by the city.Generally,this information should include the following: (1) Approximate building,road and trail locations; (2) Height,bulk and square footage of buildings; (3) Type and square footage of specific land uses; (4) Number of dwelling units; (5) Generalized grading plan showing areas to be cut,filled and preserved;and (6) Staging and timing of the development. • The comments of the planning commission and city council shall address the consistency of the concept plan with this section.The comments of the planning commission and city council shall be for guidance only and,if positive,shall not be considered binding upon the planning commission or city council regarding approval of the formal RPUD application when submitted. (b) Master development plan and rezoning.Approval of a rezoning to RPUD and approval of a master development plan shall be subject to the procedures outlined in this chapter for a zoning map amendment.The master development plan shall contain the following: (1) Building location,height,bulk and square footage; (2) Type and square footage of specific land uses; (3) Number of dwelling units; (4) Detailed street and utility locations and sizes; (5) Parking layout; (6) Drainage plan,Including location and size of pipes and water storage areas; (7) Grading plan and drainage plan,including two-foot contours; (8) Generalized landscape plan; (9) Generalized plan for uniform signs and lighting; (10) Plan for timing and phasing of the development; (11) Covenants or other restrictions proposed for the regulation of the development; (12) Renderings or elevations of all sides of buildings to be constructed in the first phase of the development; (13) Trail plan;and (14) Lighting plan. Approval of the master development plan shall indicate approval of the listed Items in subsections(b)(1)—(b)(14)of this section and shall occur in conjunction with rezoning of the property to RPUD.After rezoning the property to RPUD,nothing shall be constructed on the RPUD site except in conformance with the approved plans and this section.The procedure for notification of and public hearing on the master development plan shall be the same as required for a zoning map amendment by this chapter. (c) Development agreement/flnancialguarantee.Following the approval of the master development plan but prior to final plan approval,the applicant shall enter into an agreement with the city relating to the terms of the RPUD development,and shall also provide such financial guarantees as the city requires or deems necessary.Such agreement may take the form of: (1) A development contract; • (2) A site Improvement performance agreement;and/or (3) Another form of binding instrument as may be required by the city. (d) Final site and building plan.Approval of a final site and building plan for the entire RPUD or for specific parts of the RPUD shall be subject to the procedures outlined In this division. The final site and building plan shall contain information as required by the city,including the following: (1) Detailed utility,street,grading and drainage plans; (2) Detailed building elevations and floor plans; (3) Detailed landscaping,sign and lighting plans;and (4) Detailed trail plan. (e) Substantial compliance.The final site and building plan shall be in substantial compliance with the approved master development plan.Substantial compliance shall mean: (1) Buildings,parking areas,roads and trails are in substantially the same location as previously approved; (2) The number of residential living units has not increased or decreased from that approved in the master development plan; (3) The gross floor area of any individual building has not been increased from that approved In the master development plan; (4) There has been no increase in the number of stories in any building; (5) Open space has not been decreased or altered to change Its original design or intended use;and (6) All special conditions required on the master development plan by the city have been incorporated Into the final site and building plan. Approval of a final site and building plan shall signify approval of all plans necessary prior to application for a building permit,subject to conformance with any conditions on the approval and subject to other necessary approvals by the city. (f) Simultaneous review.Applicants may combine the final site and building plan review with the master development plan review by submitting all information required for both stages simultaneously. (g) Basis for approval;conditions.In evaluating a site and building plan,the planning commission and city council shall base their recommendations and actions regarding approval of a RPUD on a consideration of the following: (1) Compatibility of the proposed plan with this section and consistency with the goals,policies,and objectives of the comprehensive plan and surface water management plan; (2) Preservation of the site in its natural state to the greatest extent practicable by minimizing tree and soil removal and designing grade changes to be In keeping with the general character and appearance of neighboring properties; (3) Creation of compatible relationships between buildings and open spaces both on the site and adjacent to it,incorporating natural site features and with existing and future buildings having a visual relationship to the development,giving special attention to: • a. An internal sense of order for the buildings and uses on the site and provision of a desirable environment for occupants,visitors and the general community. b. The amount and location of open space and landscaping. c. Materials,textures,colors and details of construction as an expression of the design concept and the compatibility of the same with the adjacent and neighboring structures and uses;and vehicular and pedestrian circulation,including walkways,Interior drives and parking in terms of location and number access points to the public streets,width of interior drives and access points,general interior circulation,separation of pedestrian and vehicular traffic and arrangement and amount of parking. (4) Promotion of energy conservation through design,location,orientation and elevation of structures,the use and location of glass in structures and the use of landscape materials and site grading; • (5) Protection of adjacent and neighboring properties through reasonable provisions for surface water drainage,sound and sight buffers,preservation of views,light and air and those aspects of design not adequately covered by other regulations which may have substantial effects on neighboring land uses;and (6) Such other factors as the planning commission or city council deem relevant. The planning commission and city council may attach such conditions to their actions as they shall determine necessary or convenient to better accomplish the purposes of this section. (Ord.No.202 2nd series,§1(6),2-26-2001) Sec.78-628.-Term of approval. (a) If application has not been made for a final site and building plan approval pursuant to the approved master development plan for all or a part of the property within a RPUD by December 31 of the year following the date on which the RPUD zoning map amendment became effective or,If within that period no extension of time has been granted,the city council may rezone the property to the original zoning classification at the time of the RPUD application or to a zoning classification consistent with the comprehensive plan designation for the property.In the absence of a rezoning,the approved master development plan shall remain the legal control governing development of the property Included within the RPUD. (b) If construction on the property included within an approved final site and building plan has not started by December 31 of the year following the date on which such final site and building plan was approved or,if building construction in a phase of a RPUD approved to be built in phases has not started within this period,or,if within that period no extension of the time has been granted,the city council may rezone the property to the original zoning classification at the time of the RPUD application or to a zoning classification consistent with the comprehensive plan designation for the property.In the absence of rezoning,the approved master development plan and final site and building plan shall remain the legal control governing development of the property Included within the RPUD. (Ord.No.202 2nd series,§1(7),2-26-2001) Sec.78-629.-Amendments. Major amendments to an approved master development plan may be approved by the city council after review by the planning commission.The notification and public hearing procedure for such amendment shall be the same as for approval of the original RPUD.A major amendment is any amendment which: (1) Substantially alters the location of buildings,parking areas or roads; (2) Increases or decreases the number of residential dwelling units; (3) Increases the gross floor area of any Individual building; • (4) Increases the number of stories of any building; (5) Decreases the amount of open space or alters it in such a way as to change its original design or intended use;or (6) Creates noncompliance with any special condition attached to the approval of the master development plan. Any other amendment may be made through review and approval by a simple majority vote of the council. (Ord.No.202 2nd series,§1(8),2-26-2001) Secs.78-630-78-640.-Reserved. PC Exhibit L LA21-42 BUILDING HEIGHT • A ,, Planning & Zoning Department 952-249-4620 ti F � www.ci.orono.mn.us -,kESH0 All buildings in Orono are limited to a maximum building height of 30 feet or less, as defined within City Code Section 78-1 as follows: Building height means the vertical distance between the highest existing ground level or ten feet above the lowest ground level, whichever is lower, and the top of the cornice of a flat roof, or the deck line of a mansard roof, or the uppermost point on a round or other arch-type roof, or the median height of the highest gable of a pitched or hipped roof. Topographic changes which elevate the adjoining ground level above the existing terrain shall not be considered in determining building height. How to determine the defined height for a building: Distance Between First Floor and defined Top of Roof* as defined above. (a) 30' 4" First Floor Elevation (from building plans): (b) Highest existing ground level touching the building's footprint (per (c) *99' 4" survey) or 10' above lowest ground level, whichever is lower: Difference between (b) and (c)**: (d) 8" • DEFINED HEIGHT **If highest existing adjacent grade is above FFE- Height is (a) - (d) OR (e) 31' 0" If highest existing adjacent grade is below FFE- Height is (a) + (d) For More Information Contact the Planning and Zoning Department at 952-249-4620 or planninq(a�ci.orono.mn.us. *Highest Existing Ground Level is 1018 Lowest Ground Level 89'4" + 10' is 99'4" Last Updated: January 2021 • Note: This is an information sheet only, every effort has been made to insure the accuracy of the information contained herein;however, if any information is not consistent with provisions of the City Code, the Code provisions will prevail. Page 1 of 1 PC Exhibit M LA21-42 Hennepin Hennepin County Locate & Notify Map • Date: 5/19/2021 r :,, Zc1 2Jc7 /lie _.,r..1,.:1 nar ...ri`�r 105 s71 2251 2107m, S agar a r w o'o d rfjr:,, 2102 a � ,41 . 2104 21(ii, 41,1„....._ vI 21088 I as. 2510 im 244278 21+a , 011111111111111111.1 . rt lir 206G 3914 • 'ill2160 41 2Ch,1 206J 2010 Il) .1t1.60 2120 9. - e�.daW 41111 Cd r- 2073 2973 2045',I AM 1 PP" 6F. .9 57 MI 545 Iai1 2965 t r 535 in Th 525 api Premier-Dr 'rr m 515 gm St3 ,a;; I 2085 u 505 Buffer Size: 500 0 50 100 200 Feet Map Comments: I i t i l t i i t 2060 Wayzata Blvd.W This data () is furnished 'AS IS with no representation as to completeness or accuracy, (i)is fumshed 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 RUN DATE:05/19/2021 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM(PROPERTY OWNERS LIST) PAGE:1 38 34-118-23 21 0002 38 34-118-23 21 0025 38 34-118-23220015 KESHAV PROPERTIES LLC G E MILEUSNIC&M MILEUSNIC LOCO PARTNERS LLP • 2160 WAYZATA BLVD W 2110 SUGARWOOD DR 38 ADDRESS UNASSIGNED ORONO MN 55356 ORONO MN 55356 ORONO MN 00000 KESHAV PROPERTIES LLC GEORGE E&MARILYN MILEUSNIC CLIFFORD L OTTEN 7625 CO RD 116 2110 SUGARWOOD DR P O BOX 249 CORCORAN MN 55340 LONG LAKE MN 55356 LONG LAKE MN 55356 38 34-118-23 21 0016 38 34-118-23 21 0026 38 34-118-23 22 0020 P MAHONEY&A MAHONEY KARL G BERG TRUST LOCO PARTNERS LLP 2107 SUGARWOOD DR 2112 SUGARWOOD DR 38 ADDRESS UNASSIGNED ORONO MN 55356 ORONO MN 55356 ORONO MN 00000 PATRICK MAHONEY KARL AND KONNIE BERG LOCO PARTNERS LLP ANGELA MAHONEY 2112 SUGARWOOD DR P O BOX 249 2107 SUGARWOOD DR LONG LAKE MN 55356 LONG LAKE MN 55356 LONG LAKE MN 55356 38 34-118-23 21 0017 38 34-118-23 21 0028 38 34-118-23 22 0023 THOMAS J&VIRGINIA A SMITH SUGAR WOODS HOMEOWNERS ASSOC CITY OF ORONO 2105 SUGARWOOD DR 38 ADDRESS UNASSIGNED 2250 WAYZATA BLVD W ORONO MN 55356 ORONO MN 00000 ORONO MN 55356 THOMAS J&VIRGINIA A SMITH SUGAR WOODS HOMEOWNERS ASSOC CITY OF ORONO 2105 SUGARWOOD DR C/O FRANK PINGTENS P O BOX 66 LONG LAKE MN 55356 2007 SUGARWOODS DR CRYSTAL BAY MN 55323 ORONO MN 55356 38 34-118-23 21 0018 38 34-118-23 21 0030 38 34-118-23 24 0001 K W FAIRCHILD&T FAIRCHILD SUGAR WOODS HOMEOWNERS ASSOC KESHAV PROPERTIES LLC 2103 SUGARWOOD DR 38 ADDRESS UNASSIGNED 2120 WAYZATA BLVD W ORONO MN 55356 ORONO MN 00000 ORONO MN 55356 KENNETH WAYNE FAIRCHILD SUGAR WOODS HOMEOWNERS ASSOC KESHAV PROPERTIES LLC TIMOTHY FAIRCHILD C/O REBERS FAMILY LLC 7625 CO RD 116 2103 SUGARWOOD DR 2640 OAKLAND RD CORCORAN MN 55340 ORONO MN 55356 MINNETONKA MN 55305 38 34-118-23 21 0019 38 34-118-23 21 0033 38 34-118-23 24 0072 RICHARD J&CONNIE L APPLE CHILDREN'S WORKSHOP CBS MN PROPERTIES LLC 2101 SUGARWOOD DR 2190 WAYZATA BLVD W 2060 WAYZATA BLVD W ORONO MN 55356 ORONO MN 55356 ORONO MN 55356 RICHARD J&CONNIE APPLE CHILDREN'S WORKSHOP CBS MN PROPERTIES LLC 2101 SUGARWOOD DR 2190 WAYZATA BLVD W PO BOX 575 • LONG LAKE MN 55356 LONG LAKE MN 55356 LONG LAKE MN 55356 38 34-118-23 21 0020 38 34-118-23 21 0036 38 34-118-23 24 0073 C A CASE&C M TOIVARI-CASE ORONO HSG&RDVLPT ATHY CBS MN PROPERTIES LLC 2100 SUGARWOOD DR 2040 WAYZATA BLVD W 2060 WAYZATA BLVD W ORONO MN 55356 ORONO MN 55356 ORONO MN 55356 CHRIS CASE ORONO HSG&RDVLPT ATHY CBS MN PROPERTIES LLC CARRIE TOIVARI-CASE 2040 WAYZATA BLVD W PO BOX 575 2100 SUGARWOOD DR LONG LAKE MN 55356 LONG LAKE MN 55356 LONG LAKE MN 55356 38 34-118-23 21 0021 38 34-118-23 21 0037 72 34-118-23 23 0066 J SWANSON&T SWANSON CBS MN PROPERTIES LLC LOCO PARTNERS LLP 2102 SUGARWOOD DR 2060 WAYZATA BLVD W 72 ADDRESS UNASSIGNED ORONO MN 55356 ORONO MN 55356 LONG LAKE MN 00000 JUSTIN SWANSON CBS MN PROPERTIES LLC LOCO PARTNERS LLP THEKLA SWANSON PO BOX 575 PO BOX 249 2102 SUGARWOOD DR LONG LAKE MN 55356 LONG LAKE MN 55356 LONG LAKE MN 55356 38 34-118-23 21 0022 38 34-118-23 21 0038 72 34-118-23 24 0036 P ANTONENKO&E ANTONENKO CBS MN PROPERTIES LLC SNH HOLDING LLP 2104 SUGARWOOD DR 2060 WAYZATA BLVD W 2069 WAYZATA BLVD W ORONO MN 55356 ORONO MN 55356 LONG LAKE MN 55356 PAUL D ANTONENKO CBS MN PROPERTIES LLC SNH HOLDING LLP ELIZABETH R ANTONENKO PO BOX 575 130 MANOR CIR 2104 SUGARWOOD DR LONG LAKE MN 55356 ORONO MN 55356 LONG LAKE MN 55356 38 34-118-23 21 0023 38 34-118.23 21 0039 72 34-118-23 24 0039 R M SCHOMMER&E M SCHOMMER CBS MN PROPERTIES LLC J&M INVESTMENTS 2106 SUGARWOOD DR 2060 WAYZATA BLVD W 2067 WAYZATA BLVD W ORONO MN 55356 ORONO MN 55356 LONG LAKE MN 55356 R M SCHOMMER&E M SCHOMMER CBS MN PROPERTIES LLC J&M INVESTMENTS 2106 SUGARWOOD DR PO BOX 575 6341 KINGSVIEW LA N LONG LAKE MN 55356 LONG LAKE MN 55356 MAPLE GROVE MN 55311 38 34-118-23 21 0024 38 34-118-23 21 0040 72 34-118-23 24 0040 0 MICHAEL L RICKS TRUST CBS MN PROPERTIES LLC JAMES R&LINDA J MILOW 2108 SUGARWOOD DR 2060 WAYZATA BLVD W 2065 WAYZATA BLVD W ORONO MN 55356 ORONO MN 55356 LONG LAKE MN 55356 MICHAEL L RICKS CBS MN PROPERTIES LLC JAMES R&LINDA J MILOW JACQUELINE M RICKS PO BOX 575 2065 WAYZATA BLVD W 2108 SUGAR WOODS DR LONG LAKE MN 55356 LONG LAKE MN 55356 ORONO MN 55356 RUN DATE:05/19/2021 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM(PROPERTY OWNERS LIST) PAGE:2 72 34-118-23 24 0068 • FORD CLIFF LLC 2073 WAYZATA BLVD W LONG LAKE MN 55356 ML-LONG LAKE LLC 3600 HOLLY LANE N#100 PLYMOUTH MN 55447 Hennepin County has developed electronic forms of certain property information databases.Hennepin County makes reasonable efforts to produce and publish the most current property information available.The viewer should understand,however,that Hennepin County makes no representation or warranties,either express or implied,or as to merchantability or fitness for a particular purpose regarding the accuracy and/or completeness of the information contained herein. • • • Date Application Received: May 19,2021 Date Application Considered as Complete:May 27,2021 AOA/ 60-Day Review Period Expires: July 26,2021 y To: Chair Kirchner and Planning Commission Members y A• Adam Edwards, City Administrator 4kFSHOSL‘" From: Jeremy Barnhart,AICP, Community Development Director Date: June 21, 2021 Subject: #LA21-000043, Eric Luth o/b/o Onyx Performance Investment, LLC, 135 Orono Orchard Rd, Sanitary Sewer Easement Vacation Public Hearing Application Summary: The applicant is requesting vacation of an existing, but unimproved easement for sanitary sewer services. Staff Recommendation: Planning Staff recommends approval of the easement vacation by shifting the easement to the boundary between lots 4 and 5, and connecting to the existing easement through the wetland. • Background The subject property is part of a platting project for Orchard Creek, a 5 lot single family residential subdivision on 39.4 acres. Much of the land area is wetland, reducing buildable sites to a peninsula in the middle of the property. In the development of the plat, it was noted that an existing easement for sanitary sewer significantly encumbers one of the buildable lots. Noting that this easement was not improved, the applicants desire its'vacation. Applicable Regulations: Sec. 78-9. -Vacation of streets, alleys and public grounds. Vacation of streets, alleys and public grounds shall follow the procedures set forth in this chapter; except that such vacation shall require a petition by a majority of the landowners abutting the property to be vacated, and a hearing preceded by two weeks' published and posted notice, all as required by Minn. Stat. §412.851.The council may vacate any publicly owned utility easement or boulevard reserve which is not being used for sewer, drainage, electric,telegraph,telephone,gas and steam purposes or for boulevard reserve purposes, in the same manner as vacation proceedings are conducted for streets, alleys and other public ways. A boulevard reserve means an easement established adjacent to a dedicated street for the purpose of establishing open space adjacent to the street and which area is designated on the recorded plat as boulevard reserve. Analysis: The Council may vacate any publically owned easement which is not being used. The • city has confirmed with the Metropolitan Council, Metropolitan Waste Control Commission's FILE#LA21-43 June 21,2021 Page 2 of 2 successor,that the easement is not being used. (Exhibit G); It appears unlikely that it will be. 41111 The vacation of an easement is final,acquiring future easements in the area can be very expensive and time consuming. Planning staff recommends that a portion of the easement be vacated, and a new easement be created. This is illustrated on the attached Staff's Exhibit D. This would shift the easement to the property line between Lots 4 and 5,allowing for future sanitary sewer needs in the area. Public Comments To date, no public comments have been received. Issues for Consideration 1. Does the Planning Commission identify any issues or concerns with this application? Planning Staff Recommendation Planning Staff recommends approval of the easement vacation by shifting the easement to the boundary between lots 4 and 5, and connecting to the existing easement through the wetland. List of Exhibits Exhibit A. Application summary Exhibit B. Easement vacation exhibit Exhibit C. Final Plat Exhibit D. Staff's annotated exhibit Exhibit E. Original Easement document • Exhibit F. Narrative Exhibit G. Met Council response Exhibit H. Public Notice information • PC Exhibit A LA21-43 Land Use Application Summary . Application Date: 05/19/2021 Address: 135 Orono Orchard RD Orono, MN 55356 Parcel Number: 3411823440035 Land Use Number: LA21-000043 Application Submitted By: Agent on behalf of property owner Owner: Name: ONYX PERFORMNCE INVSTMNT LLC Address: 1585 MEDINA RD LONG LAKE MN 55356 Applicant: Name: Eric Luth Company: Sambatek Address: 12800 Whitewater Drive Minnetonka, MN 55343 eluth@sambatek.com Contact Information: Associated Contact: Associated Contact: • Associated Contact: Associated Contact: Project Description: Orchard Creek 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: CLA4—' /Vr4 PC Fxhihit B LA21-43 DENOTES EASEMENT TO BE VACATED '�' / i •I N� �� Oji .I o^ 1 N /y am S855BX37 W 508.09 3 co o' y co S3 co / A^ /, I Stn 7 I I I-4. 1 II 11\1 I co V) I /t/ 4 ./ \/ L/ L/ I V I ./ 1 \, I r I , w� I,-' /,/y69* N ao —, I ./ L_ I / -+ i ./ L._ I / -+ //i 435uN M 1"1 / 51t W L� //, F- I < / I I I )C F! / < -Iw 141 1 //1--/ ./ L_ \1 . .., -i- i + 1 I . 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LA21-43 Mpls., Minn. 55402 EASEMENT . THIS INSTRUMENT, Made this 91h h day o `75 A 1975, by and between Arkay Construction Co., a Minnesota /Betty ii,Ncorporation, Fremont C. Fletcher, Abrt Grnina v. Grazzini,H&W, Margaret W.liull r H&W, Lois M. Wilcox H&W George 9 Wipplinger,H&I� Phillip E. Mullen Robert Wilcox,/ and Helen 11ipplinger, o1 the County of Hennepin and State of Minnesota, parties of the first part and the METROPOLITAN WASTE CONTROL COMMISSION, formerly the Metropolitan Sewer Board, a duly constituted agency of the Metropolitan Council created and organized pursuant to Minnesota Laws 1969, Chapter 449, party of the second part: WITNESSETH, That the said parties of the first part in consideration of One Dollar and other good and valuable consideration to them in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, do hereby Grant, Bargain, Sell and Convey to said party of the second part, the easements situate in Hennepin County, Minnesota, described as follows, to wit: A 35 foot perpetual easement and a 100 foot width temporary construction easement for sanitary sewer purposes over, under and across the following described property: That part of Subdivision No. 1 of the Southeast Quarter of the Southeast Quarter, Subdivision No. 1 of the Southwest Quarter of the Southeast Quarter and Subdivision No 1 of Lot 3, Section 34, Township 118, Range 23, described as TRANSFER CERED follows: Beginning at a point in the East line of said S Section 34, which point is 340 feet South of the Northeast corner of the Southeast Quarter of the Southeast Quarter of FINANCE DIVISION said Section: thence running Southwesterly, making an angle HEN 'EPIN CO Nrr, t+tiNN. to the right of 36 degrees, 45 minutes from said East line- of said Section a distance of 220 feet to the center line sv %►�' '' Y of the bed of the creek which flows from Long Lake in Town of Orono Southwesterly into Mud Lake near Lake Minnetonka• thence following the center line of the bed of said creek in a Westerly and Southwesterly direction to a point in the center line of said creek distant 180 feet Northeasterly from the Southwest corner of said Quarter Quarter section: thence in a straight line Southwesterly to said Southwest corner: thence Easterly to the Southeast corner of said Section: thence North to the beginning. Said perpetual easement being 17.5 feet on each side of the following described line, and said temporary construction easement being 37.5 feet to the right and 62.5 feet to the left of the following described line. Said line is described as follows: • Commencing at the Southeast corner of Section 34, Township 118, Range 23: thence on an assumed bearing of North 0 degrees, 53 minutes 11 seconds East along the East line of said Section 34 a distance of 815.77 feet to the beginning of the line to be described: thence South 69 degrees, 07 minutes, 45 seconds West 141.60 feet: thence South 45 degrees, 34 minutes, 40 seconds West 119.82 feet: thence South 68 degrees, 00 minutes, 45 seconds West 167.63 feet: thence South 85 degrees 57 minutes, 14 seconds West 508.09 feet: thence South 43 degrees, 53 minutes, 45 seconds West 569.13 feet: thence South 1 degree, 29 minutes, 43 seconds West 160.91 feet to a point on the South line of said Section 34 distant 1266.39 feet West of the Southeast corner of said Section 34 and there terminating. g• The side lines of said easements are prolonged or shortened to terminate on the boundary lines of the above described parcel of land. Also a 35 foot perpetual easement and a 100 foot temporary construction easement for sanitary sewer purposes over, under and across the following described property: All of that part of the Northeast Quarter of the Northeast Quarter of Section 3, Township 117 North, Range 23 West of the 5th Principal Meridian, lying North of a line • described as follows: Commencing at a point on the East line of said quarter quarter Section distant 457.5 feet South of the Northeast corner of said f` Section 3: thence running South 67 degrees, 10 minutes West a distance of 570.5 feet: thence running South- westerly on a right curve with a radius of 5729.65 feet, a distance of 333.45 feet to a point on West line of said Quarter Section distant 368 feet North of the Southwest corner of said quarter quarter section. Said perpetual easement being 17.5 feet on each side of the following described line, and said temporary construction easement being 37.5 feet to the right e,nd 62.5 feet to the left of amid following described line. Said line is described as follows: Commencing at the Northeast corner of the Northwest Quarter of Section 3, Township 117, Range 23: thence on an assumed bearing of North 89 degrees, 28 minutes, 02 seconds West along the North line of said Northeast Quarter a distance of 1266.39 feet to the beginning of the line to be described; thence South 1 degree, 29 minutes, 43 seconds West 615.73 feet: thence South 65 degrees, 53 minutes West 336.58 feet: thence South 23 degrees, 02 minutes, 51 seconds West 300.04 feet and there terminating. The side lines of said easement are prolonged or shortened to terminate on the boundary line of the above described parcel of land. 411 Said temporary construction Easement expires December 31, 1976. This conveyance is exempt from State Deed Tax pursuant to M.S.A. 287.22. . IN TESTIMONY WHEREOF, the said parties of the first part • have hereunto set their hands the day and year first above written. ., iKAY:CONSTRUCTION C9/ ./ J w.,. , •$Y << } �� /� i' Fremont C, Fletcher 4„, /Ay / `/ L�/y, TTS maw, (/-.-'1':-Z.,•(, 1' t.�c:�'Q,. ,�r- //' <:" '.. ,. 1311'. .._:-� Dial' y_, - Bettyd4. Fletcher.wife of l"47,4,1,:',:'• ..ITS -'/ •• , , , Frenon x C. Fletcher •, ,; ,,. .. ere a ' N j' (.eN_ —� �— � �. d1iT” % .��%rill`. Robert Wilcox Phille% . Mul Ir - 1! v ---6.4.,:.: . -) JI ,C. __��,<-....�L Q GZ,-.�-/ Lois M. Wilcox, wife o / MKa`garet W. Mullen, wife of Robert Wilcox Phillip L. Mu en 0. 244-_,/,,z.,..„, jv I A'l ert`Grazzirr •{ret Helen Wippl nger � ii � ii Gel ge 0, W ling, husband ' Nina V. Grazzini, ice_) /,(<.;-1,„(A:-v- e of 4„, L. of Helen Wipplinger Albert Grazzini • STA'L'L OF MINNESOTA ss: COUNTY OF HENNEPIN ))) On this 9t1day of July , 1975, before me, a notary public, within and for said county, per, ocaa�l appeared Fremont C. Fletcher BeVt . Fletcher `2�H Mullen, Margaret W. Mul azzini, Nina V. Grazzini/,husband & wife Robert Wilcox,hL6 ' �''t} Helen Wipplinger and George 0. Wippl`Y ` iii known to be the persons described in and:•who executed the foregoing instrument and acknowledged that riw.,,,,, executed the same as their free act and deed. Vii','`.• tiH•:.:._:iji. - Notaryublic ;• �' Berry E. CAMPBELL ;' STATE OF MINNESOTA Notary Public, Hnnr.:-ln County,M(na'''/`';'••;• ' i' My Commission Expires Qac,Z.1.07� r. i-''� ,;.. sa: C.�UNTY OF HENNEPIN ) Dec. '7 1fli ' On this 9th day of July , 1975, before me, a notary public within and for said County, personally appeared Julius M. Rivkin and Jack Y. Kahn , to me personally known, who being each by the duly sworn did say that they are the President and..• h0e retary Of the corporation named in the foregoing it 't'rument $.nd that the seal affixed to • said instrument is the c; 6poz"ate:ig. g..C;e.f said corporation, and that said instrument waA',A .geed .ari4 -s-tiled in behalf of said corporation by authority :ofA.•ts.••Board: of Directors and said Julius M. Rivkin },�,AMad., .•, ..`'Jack V. Kahn aknowledged said instrutt . E �AtJiELL-'e- ee. actAnd de d said orp ration. Notary Public, Hcnncoln County,•,I.11.60,,',:• • •" �.,<•'f� i /, //¢ My Commission Expires Dec. 7„14, ';? .� .0 �� 4�"'Y � tai P .i1r • • • • • • • • • • • t 7 ki 75 63 _ i i� ialit-d c. �^ IJ r In 4, _ ) ; 1 _ J • .. i m 4.. ,. ,:' --SD Li E.5 ' i GI▪ f-77:O J n.. I:3 ▪ . � t L 4,i....s, c::::.• _ w = i \ �- � vGi '' 0zw �rw Z •c 3 .. III ! ! � *. \..r.:' cc 1 . .C:). . 44- Ns ''*.t ''' Z L6- u O ice' ti FU t _ C F . PC Exhibit F LA21-43 From: kiellsktistran To: krterardec 6aohart Toh • : Luth rtlry Si-Herter m lha ®toadwareauicment nom John MiMiv¢ Subject: RE:Orchard Creek Emane rt vacation LA21-43 Date: Thursday,May 27,2021 3:32:20 PM Attachment: imassdigLow Ima:2.ces Imaaena3.coo coissidiracca imikaelliPicos aaeX7¢n7 r. unnaeddlood imp ma imirocillam0 Jeremy, Eric passed along the easement vacation email you sent regarding a narrative for the easement vacation—does the following work: • We are requesting an easement vacation for the original easement document recorded as document 4160083 for the following reasons: • The new Orchard Creek development has a 5-lot configuration,and the original easement runs through the middle of our new lot 5 o If the easement is not intended to be used,we request it be vacated and if the easement is still needed,we could move the easement to the lot line between lots 4&5 • Thanks for your consideration in approving this easement vacation. Let me know if this works and how you want it displayed—does it need to be on an easement vacation drawing or on a letter?If it is a letter,who do we address it to?Thanks— haveaa great day!! ` Fordon Joe Mce:cPh763.479o.300ersn/7 PresideMobile:60nt rifles Offi2.3693736 ....,au+m PO Box 306/5059 Main Street E x200/Maple Plain,MN/55359/MN Ue BC53096t O©® O® The information contained in this electronic mail message is confidential information intended only for the use of the individual or entity named above,and maybe privileged.If the reader of this message is not the intended recipient or the employee or agent responsible to deliver it to the intended recipient,you are hereby notified that any dissemination,distribution or copying of this communication is strictly prohibited. From:Eric Luth,PE<ELuth@sambatek.com> Sent:Thursday,May 27,2021 1:09 PM To:Joe McPherson<joe@gordon-james.com> Subject:FW:Orchard Creek Easement vacation LA21-43 Eric Luth,PE Senior Project Manager Dina 761 250 6013 Email Fi nmara*mt ,.mm • 24',?''''Sambatek Fnnin-e_a1<,w' _z oma I Fnvannmentl Trustedadvisors since 1966. ®El© I Watch our video and we who We're uniaenj From:Jeremy Barnhart<jbarnhart(dri crony mn ut> Sent:Wednesday,May 26,2021 9:56 AM To:Eric Luth,PE<FI nth Osamhatek comp Cc:'harry@broadwayequipment.com'<barrvf0broadwaveauioment romp Subject:Orchard Creek Easement vacation LA21-43 Eric,To complete your application,please provide the following information: Narrative explaining the purpose of the vacation A copy of the original easement document recorded as document 4160083 I also recommend that the title block for the easement exhibit provided be changed to reflect Orchard Creek,rather than Orchard Hill. Your application is not yet complete,receipt of the above listed items will complete it.To be included in the PC agenda for June 21st,please provide no later than June 3rd Jeremy Barnhart,AICP Community Development Director City of Orono 952-249-4626 PC Exhibit G LA21-43 ' 411 From: Reilly.Jake To: )eremv Barnhart Subject: RE:Easement vacation request Date: Friday,June 11,2021 11:59:30 AM Attachments: RE Easement vacation reauest.msq Goodness,Jeremy,apologies for failing to follow up as promised. Attached is the information I received on that easement. I didn't get a response back from MCES staff once GIS staff provided that information. I'll double check with them now, but based on the attached, I don't believe we would have any concerns. I'll for sure get a more firm response to you before your June 21 meeting.When is your staff report due to your Council/Commission? Thanks, Jake Jake Reilly Pronouns: he/him/his Senior Planner Metropolitan Council Community Development P. 651-602-1822 I C. 612-245-3884 • From:Jeremy Barnhart<jbarnhart@ci.orono.mn.us> Sent: Friday,June 11, 2021 10:45 AM To: Reilly,Jake<Jake.Reilly@metc.state.mn.us> Subject: RE: Easement vacation request Hi Jake, Wondering if you have any comments on this proposed vacation,or if you need more information? From: Reilly,Jake [mailto:Jake.ReillyPmetc.state.mn.us] Sent: Friday,June 4, 2021 12:08 PM To:Jeremy Barnhart<jbarnhartftci.orono.mn.us> Subject: RE: Easement vacation request Thanks Jeremy, I'm doing some investigation and will plan to get back to you by the end of the day on Monday. Will that work? Jake Reilly • Pronouns: he/him/his Senior Planner Metropolitan Council Community Development P. 651-602-1822 I C.612-245-3884 • From:Jeremy Barnhart<jbarnhart@ci.orono.mn.us> Sent: Friday,June 4, 2021 9:56 AM To: Reilly,Jake<Jake.ReillyPmetc.state.mn.us> Subject: Easement vacation request Jake, The City of Orono has received a request to vacate a sanitary sewer easement that runs through a proposed subdivision. Since the easement is written for the benefit of the Metropolitan Waste Control Commission, I'd appreciate any comment/recommendation you would have. The Planning Commission is scheduled to review this application at their meeting on June 215t. lye attached the final plat proposal, a copy of the easement document, and an exhibit showing the proposed easement vacation. If the Council objects to the vacation,would they support a relocation of the easement? It is our understanding that there is no improvements in this easement. I realize that you may not be the person to handle this request, kindly forward to that person, or let me know who I should direct this question. Thanks! • Jeremy Barnhart,AICP Community Development Director City of Orono 952-249-4626 Caution! This email was sent from an external source. Do not click any links or open attachments unless you trust the sender and know the content is safe. Caution! This email was sent from an external source. Do not click any links or open attachments unless you trust the sender and know the content is safe. 1111 2 !I d-+ II v p11 O >, c EV • a) 3 O ° `n Q d o6- W / 4- E N m RI c nm 0c 171,' 0 V MI >, E +, H y NC Q)N 'C Lf0 OU QI CC N MS Om N C J N imV w ` E -8Z, A E m m i8 c ed > nm miR J LL Q @ Q O cx Ca N ,V #3 3 V I OJ J _ P>v,'IP ewese3Po PPAUPPnbPEPIPP¢MP.P.P.3\u1No9 WM IZ0E19PP.P•ilysanba tlPWs1-,Nad1.1953,W953,N Vied P.P. 13 • r :, .�� I,�r�� ; �r >, p� e '•'° ' of '7, 1i., i-4, •. : .-ii..= ., , ,. . , �F,� ,]/, ` m 11112 11 i '3 b •yy��a� ''-1 �; a 1e, -.N4•+,' r ,,,,1„,.,...„.4,,b,-,,,, Z®, ,µ.o '` ado .'' / jo.:::.,:;• :, .. ,. ,i.44,• ,:2,,,:,1,,, .‘,',.',.,:'. 'j• 4?I • , i ' , , ,, xt, dor ./ e / ,,','-., .' .',-f't:,. I.;. ..'',!.. N. 'V.-,. . 'C''' , J, f i* '' A4 • , N g . E f ,' U �qmoa . �- � 'tF I ' ,,r.110.,-.1:. ',,-m..,ktr'"' ,,,r, , %. - „.= Ift i Ma`15t1 3>, ' � ', ' � • I. ; `tea°1}i,-,?aei'O.. V,00‘000) to µ•. 1 j'� • _ um « - . . ' ..-r. .v. .. „� « .... , la 4` .,.. 1 ,�, ` , 1 6 PC Exhibit H LA21-43 Hennepin County Locate & Notify Map , Date: 5/19/2021 •w a 111111 .. ..''''... .,.,_ C.',,, 0,4111% ,,,k . , ip r to. e., P vI 'I . .• I 1 bit ./iii7 I V II S ,-5 6 in : iii a iI +,tF. a-, i ,0,0 D .y _:-, N A OPIFILIT 0 -"I. a IIIT 0rC/ "..‘"di • 11 f l 4 .00001111000111111. . NI Buffer Size: 500 0 100200 400 Feet Map Comments: l l l l l l l l l 135 Orono Orchard Rd. N This data (ti 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, engneering or surveying purposes.Hennepin County shall not be liable for any damage,injury or loss resulting from this data. • For more information,contact Hennepin County GIS Office 300 6th Street South,Minneapolis,MN 5 548 7/gis.info@hennepin.us RUN DATE:05/19/2021 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM(PROPERTY OWNERS LIST) PAGE:1 38 02-117-23 22 0001 38 03-117-23 12 0017 72 34-118-23 41 0051 • STATE OF MINN HOMETIME VIDEO PUBLSHING INC LORRAINE T HECOMOVICH 38 ADDRESS UNASSIGNED 90 CREEK RIDGE PASS 185 ORCHARD CIR ORONO MN 00000 ORONO MN 55356 LONG LAKE MN 55356 DNR REAL ESTATE MGMT HOMETIME VIDEO PUBLSHING INC LORRAINE T HECOMOVICH ATTN DEBBIE GURTIN 4355 PEAVEY RD 185 ORCHARD CIR 500 LAFAYETTE RD CHASKA MN 55318 LONG LAKE MN 55356 ST PAUL MN 55155 38 02-117-23 22 0002 38 03-117-23 12 0018 72 34-118-23 41 0052 S ACKERBERG&R ACKERBERG N J TRUAX&L M TRUAX C FERNANDEZ&I FERNANDEZ 15 ORONO ORCHARD RD S 80 CREEK RIDGE PASS 187 ORCHARD CIR ORONO MN 55391 ORONO MN 55356 LONG LAKE MN 55356 STUART IRA ACKERBERG NOAH JOHN TRUAX CHRISTOPHER FERNANDEZ ROMY M ACKERBERG LINDSAY MARIE TRUAX 187 ORCHARD CIR 15 ORONO ORCHARD RD S 80 CREEK RIDGE PASS LONG LAKE MN 55356 ORONO MN 55391 LONG LAKE MN 55356 38 02-117-23 22 0003 38 03-117-23 12 0019 72 34-118-23 43 0018 PARTNERSHIP HOLDINGS LLC CREEKSIDE IN ORONO HMWR ASSN B BUTTERFIELD/M BUTTERFIELD 38 ADDRESS UNASSIGNED 38 ADDRESS UNASSIGNED 44 APPLE GLEN RD ORONO MN 00000 ORONO MN 00000 LONG LAKE MN 55356 PARTNERSHIP HOLDINGS LLC CREEKSIDE IN ORONO HMWR ASSN BROOKS M BUTTERFIELD P O BOX 5628 C/O ANDREW JOHNSON MEGAN L BUTTERFIELD MINNEAPOLIS MN 55440 110 CREEK RIDGE PASS 44 APPLE GLEN RD ORONO MN 55356 LONG LAKE MN 55356 38 02-117-23 22 0005 38 03-117-23 13 0001 72 34-118-23 43 0019 VILLAGE OF ORONO RICHARD N CHALFEN MOLLY G WILSON 265 ORONO ORCHARD RD S 350 BROWN RD S 38 APPLE GLEN RD ORONO MN 55391 ORONO MN 55356 LONG LAKE MN 55356 CITY OF ORONO RICHARD N CHALFEN MOLLY G WILSON P O BOX 66 350 BROWN RD S 38 APPLE GLEN RD CRYSTAL BAY MN 55323 LONG LAKE MN 55356 LONG LAKE MN 55356 38 03-117-23 11 0001 38 03-117-23 14 0001 72 34-118-23 43 0020 PARTNERSHIP HOLDINGS LLC PARTNERSHIP HOLDINGS LLC K V BIGELOW&J T BIGELOW 38 ADDRESS UNASSIGNED 38 ADDRESS UNASSIGNED 32 APPLE GLEN RD ORONO MN 00000 ORONO MN 00000 LONG LAKE MN 55356 PARTNERSHIP HOLDINGS LLC PARTNERSHIP HOLDINGS LLC KENNETH&JUDY BIGELOW • P O BOX 5628 P O BOX 5628 32 APPLE GLEN RD MINNEAPOLIS MN 55440 MINNEAPOLIS MN 55440 LONG LAKE MN 55356 38 03-117-23 11 0002 38 34-118-23 44 0034 72 34-118-23 43 0021 STATE OF MINNESOTA CITY OF ORONO GITTE WENGLER 38 ADDRESS UNASSIGNED 38 ADDRESS UNASSIGNED 26 APPLE GLEN RD ORONO MN 00000 ORONO MN 00000 LONG LAKE MN 55356 DNR REAL ESTATE MGMT CITY OF ORONO GITTE WENGLER ATTN DEBBIE GURTIN 2750 KELLY PKWY 2420 FOX STREET 500 LAFAYETTE RD ORONO MN 55356 WAYZATA MN 55391 ST PAUL MN 55155 38 03-117-23 12 0002 38 34-118-23 44 0035 72 34-118-23 43 0022 PARTNERSHIP HOLDINGS LLC ONYX PERFORMNCE INVSTMNT LLC STEPHEN LYNCH/AMBER JO LYNCH 38 ADDRESS UNASSIGNED 135 ORONO ORCHARD RD N 20 APPLE GLEN RD ORONO MN 00000 ORONO MN 55356 LONG LAKE MN 55356 PARTNERSHIP HOLDINGS LLC ONYX PERFORMNCE INVSTMNT LLC STEPHEN DUFRESNE LYNCH P O BOX 5628 1585 MEDINA RD AMBER JO LYNCH MINNEAPOLIS MN 55440 LONG LAKE MN 55356 20 APPLE GLEN RD LONG LAKE MN 55356 38 03-117-23 12 0003 38 35-118-23 33 0003 72 34-118-23 43 0060 STATE OF MINN KELLY M LOWE ANITA L PASTER 38 ADDRESS UNASSIGNED 105 ORONO ORCHARD RD N 46 CREEKSIDE DR ORONO MN 00000 ORONO MN 55356 LONG LAKE MN 55356 DNR REAL ESTATE MGMT KELLY M LOWE ANITA L PASTER ATTN DEBBIE GURTIN 231 SOUTH PHILLIPS AVE 303 46 CREEKSIDE 500 LAFAYETTE RD SIOUX FALLS SD 57104 LONG LAKE MN 55356 ST PAUL MN 55155 38 03-117-23 12 0015 38 35-118-23 33 0004 72 34-118-23 43 0061 ANDREW G&RACHAEL A JOHNSON J W BRENNAN&C M BRENNAN J L OHMAN&R A OHMAN 110 CREEK RIDGE PASS 25 ORONO ORCHARD RD N 52 CREEKSIDE DR ORONO MN 55356 ORONO MN 55356 LONG LAKE MN 55356 ANDREW G&RACHAEL A JOHNSON JIM W BRENNAN JOHN L OHMAN 110 CREEK RIDGE PASS CONNIE M BRENNAN 52 CREEKSIDE DR LONG LAKE MN 55356 25 ORONO ORCHARD RD N LONG LAKE MN 55356 LONG LAKE MN 55356 III 38 03-117-23 12 0016 38 35-118-23 33 0008 72 34-I 18-23 43 0062 BARRY F PETERS JOHN ALLEN DALBEC REV TRUST D M KVALE&T E KVALE 100 CREEK RIDGE PASS 1565 ORONO OAKS DR 58 CREEKSIDE DR ORONO MN 55356 ORONO MN 55356 LONG LAKE MN 55356 BARRY F PETERS JOHN ALLEN DALBEC THOMAS E&D M KVALE 100 CREEK RIDGE PASS 1565 ORONO OAKS DR 58 CREEKSIDE DR LONG LAKE MN 55356 LONG LAKE MN 55356 LONG LAKE MN 55356 RUN DATE:05/19/2021 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM(PROPERTY OWNERS LIST) PAGE:2 72 34-118-23 43 0063 72 34-118-23 44 0013 72 34-118-23 44 0023 CAROLINE M BROST J K ANDERSON&J L ANDERSON MICHAEL D&RUTH B BASH 64 CREEKSIDE DR 165 MEADOW LA 1680 BOLLUM LA • LONG LAKE MN 55356 LONG LAKE MN 55356 LONG LAKE MN 55356 CAROLINE M BROST JAMES K&JOAN L ANDERSON MICHAEL D&RUTH B BASH 64 CREEKSIDE DR 165 MEADOW LA 1680 BOLLUM LA LONG LAKE MN 55356 LONG LAKE MN 55356 LONG LAKE MN 55356 72 34-118-23 43 0064 72 34-118-23 44 0014 72 34-118-23 44 0031 MATTHEW STAHL&KATIE STAHL MATTHEW J JAMES ET AL G M SWENSON&T A SWENSON 43 CREEKSIDE DR 167 MEADOW LA 1684 BOLLUM LA LONG LAKE MN 55356 LONG LAKE MN 55356 LONG LAKE MN 55356 MATTHEW STAHL&KATIE STAHL MATTHEW&REA JAMES GREGG M&TAMARA A SWENSON 43 CREEKSIDE DR 167 MEADOW LA 1684 BOLLUM LA LONG LAKE MN 55356 LONG LAKE MN 55356 LONG LAKE MN 55356 72 34-118-23 43 0065 72 34-118-23 44 0015 72 34-118-23 44 0032 F L FORSANS&S H FORSANS M J SPONSLER/M A SPONSLER TR S A SCHMID&C SCHMID 37 CREEKSIDE DR 169 MEADOW LA 1690 BOLLUM LA LONG LAKE MN 55356 LONG LAKE MN 55356 LONG LAKE MN 55356 FABRICE L FORSANS MARK J SPONSLER CATHERINS&STEPHEN SCHMID 37 CREEKSIDE DR MARY A SPONSLER 1690 BOLLUM LA LONG LAKE MN 55356 169 MEADOW LA LONG LAKE MN 55356 LONG LAKE MN 55356 72 34-118-23 43 0066 72 34-118-23 44 0016 72 34-118-23 44 0033 CHAD M SPONSLER W J REISER&J A REISER TODD&SHELLEY G SETHER 31 CREEKSIDE DR 171 MEADOW LA 1691 BOLLUM LA LONG LAKE MN 55356 LONG LAKE MN 55356 LONG LAKE MN 55356 CHAD M SPONSLER WILLIAM J REISER TODD&SHELLEY G SETHER 31 CREEKSIDE DR JODI A REISER 1691 BOLLUM LA LONG LAKE MN 55356 171 MEADOW LA LONG LAKE MN 55356 LONG LAKE MN 55356 72 34-118-23 43 0067 72 34-118-23 44 0017 72 35-118-23 33 0024 TRISH OHRT CHAD M&KIMBRA L BOITNOTT C BACH&S BACH 15 CREEKSIDE DR 173 MEADOW LA 1597 STONERIDGE CIR LONG LAKE MN 55356 LONG LAKE MN 55356 LONG LAKE MN 55356 TRISH OHRT CHAD M&KIMBRA L BOITNOTT CHRISTOPHER BACH 15 CREEKSIDE DR 173 MEADOW LA STEPHANIE BACH • LONG LAKE MN 55356 LONG LAKE MN 55356 1597 STONERIDGE CIR LONG LAKE MN 55356 72 34-118-23 44 0006 72 34-118-23 44 0018 72 35-118-23 33 0029 M J&R OTTO MRKONICH J D PETERSON&L R PETERSON THE METROPOLITAN COUNCIL 22 CREEKSIDE DR 175 MEADOW LA 1598 STONERIDGE CIR LONG LAKE MN 55356 LONG LAKE MN 55356 LONG LAKE MN 55356 MARKO J MRKONICH& JOSHUA D PETERSON METROPOLITAN COUNCIL ROBANN OTTO MRKONICH LYNDSAY R PETERSON ATTN ENVIRONMENTAL SERVICES 22 CREEKSIDE DR 175 MEADOW LA 390 ROBERT ST N LONG LAKE MN 55356 LONG LAKE MN 55356 ST PAUL MN 55101 72 34-118-23 44 0007 72 34-118-23 44 0019 72 35-118-23 33 0035 C M JOHNSON&S K W JOHNSON M E&R A LEUTHNER TRUSTEES CITY OF LONG LAKE 28 CREEKSIDE DR 177 MEADOW LA 240 ORONO ORCHARD RD LONG LAKE MN 55356 LONG LAKE MN 55356 LONG LAKE MN 55356 CRAIG JOHNSON MICHAEL E&REBECCA LEUTHNER CITY OF LONG LAKE 28 CREEKSIDE DR 177 MEADOW LA 450 VIRGINIA AVE LONG LAKE MN 55356 LONG LAKE MN 55356 PO BOX 606 LONG LAKE MN 55356 72 34-118-23 44 0008 72 34-118-23 44 0020 72 35-118-23 33 0036 C STERNHAGEN&L STERNHAGEN A VENNERSTROM/E VENNERSTROM CITY OF LONG LAKE 34 CREEKSIDE DR 179 MEADOW LA 230 ORONO ORCHARD RD LONG LAKE MN 55356 LONG LAKE MN 55356 LONG LAKE MN 55356 CHRISTOPHER STERNHAGEN ANDREW VENNERSTROM CITY OF LONG LAKE LEAH STERNHAGEN EMILY VENNERSTROM 450 VIRGINIA AVE 34 CREEKSIDE DR 179 MEADOW LA PO BOX 606 LONG LAKE MN 55356 LONG LAKE MN 55356 LONG LAKE MN 55356 72 34-118-23 44 0009 72 34-118-23 44 0021 MARY J BUBANY ANTHONY SARENPA 40 CREEKSIDE DR 181 MEADOW LA LONG LAKE MN 55356 LONG LAKE MN 55356 MARY J BUBANY ANTHONY SARENPA 40 CREEKSIDE DRIVE PO BOX 809 LONG LAKE MN 55356 WAYZATA MN 55391 72 34-118-23 44 0011 72 34-118-23 44 0022 III P H GILLETTE&K C GILLETTE T STINAR&A J STINAR 1676 BOLLUM LA 183 MEADOW LA LONG LAKE MN 55356 LONG LAKE MN 55356 PETER H GILLETTE TONY STINAR KRISTEN C GILLETTE ALISON J STINAR 1676 BOLLUM LA 183 MEADOW LA LONG LAKE MN 55356 LONG LAKE MN 55356 • Hennepin County has developed electronic forms of certain property information databases.Hennepin County makes reasonable efforts to produce and publish the most current property information available.The viewer should understand,however,that Hennepin County makes no representation or warranties,either express or implied,or as to merchantability or fitness for a particular purpose regarding the accuracy and/or completeness of the information contained herein. • • • Date Application Received:05/19/2021 Date Application Considered as Complete:06/03/2021 O.A7 60-Day Review Period Expires: 08/02/2021 To: Chair Kirchner and Planning Commission Members y A Adam Edwards, City Administrator 41QsHO From: Melanie Curtis, Planner h'1GG Date: 21 June 2021 Subject: #LA21-000044, Lecy Bros. Homes & Remodeling, o/b/o John + Lisa Kaercher, 3297 Casco Circle 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 13,652 square feet in area, and has 99.9 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, however,a qualifier for taking advantage of the Lot of Record status is a hardcover limitation of 25%. The applicant has requested variances in order to be able to exceed 25% up to the permitted 30% limit,to redevelop the property with a new home.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. The proposed home meets all zoning requirements. 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 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. S FILE#LA21-000044 21 June 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 13,652 s.f. (0.31 acre) 99.9' Section 78-1403—Structural Building Coverage: Total Lot Area Total Structural Coverage 13,652 s.f. (0.31 acre) Allowed: 2,730 s.f. (20%) Proposed: 2,611 (19%) Section 78-1680 and 78-1700—Hardcover Calculations: Stormwater Overlay District Total Area in Zone Allowed Hardcover Proposed Hardcover Tier 4,095 s.f. 3,907 s.f. * Tier 2 13,652 s.f. (30%) (28.6%) *Upon approval of the lot width and lot area variances, the developed property will be able to modify the proposed hardcover at the time of the building permit to utilize the 30%limitation without further variances. • 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. I FILE#LA21-000044 21 June 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 'Winship's Subdivision of Spring Park Lots'subdivision in 1884,well before local zoning codes were in effect and the applicants purchase; 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. • 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#LA21-000044 21 June 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 The owners on either side of the subject property have signed the acknowledgement form. 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. House Plans Exhibit E. Submitted Hardcover Calculations Exhibit F. Plat:Winship's Subdivision of Spring Park Lots Exhibit G. Property Owners List Exhibit H. Plat Map • Exhibit A Land Use Application Summary • Application Date: 05/19/2021 Address: 3297 Casco CIR Orono, MN 55391 Parcel Number: 2011723430045 Land Use Number: LA21-000044 Application Submitted By: Agent on behalf of property owner Owner: Name: LISA B KAERCHER Address: JOHN DAVID KAERCHER 4M SHANNEYBROOK CT PHOENIX, AZ 21131 Applicant: Name: Mike Mann Company: Lecy Bros. Homes & Remodeling Address: 15012 Hwy 7 Minnetonka, MN 55345 mikemann@lecybros.com Contact Information: Associated Contact: Associated Contact: • Associated Contact: Associated Contact: Project Description: New Home Land Use Application Type: Amendmend Application Appeal of Admin Decision Concept Application Conditional Use Permit Site Plan Application Subdivision Application Subdivision Exception Vacation Application Variance Application Applicant Signature: ?)„4,4 • Exhibit B PRACTICAL DIFFICULTIES DOCUMENTATION FORM LA21-000044 1. The property owner proposes to use the property in a reasonable manner not permitted by 41° the Zoning Chapter. Response: The property owner proposes to use the property in a reasonable manner not permitted by the official controls. The proposed plan for the property, to situate a new home of adequate size on the lot, along with a typical driveway and other hard surfaces, is a reasonable use of the property that would not otherwise be allowed due to the maximum 25% hardcover restriction. 2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. Response: There are circumstances unique to the property not created by the landowner; the size of the lot was created years ago, long before the current owner purchased the property. 3. The variance, if granted, will not alter the essential character of the locality. Response: The variance will not alter the essential character of the locality. In fact, the existing home is likely one of the smaller homes in the neighborhood. The new home, built to today's standards, will fit in with the other (newer) homes in the area. 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 alone do not constitute practical difficulties. The size of this lot • restricts the development of the property- no plan, regardless of the cost, can overcome that difficulty. 5. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minnesota Statutes, Section 1163.06, Subd. 2, when in harmony with this Chapter. Response: 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: Construction of a single family home on this lot is allowed under the zoning code. 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 special conditions applying to the structure or land in question are peculiar to such • property or immediately adjoining property. It is the size of this particular lot that is the issue here, nothing else. 9. The conditions do not apply generally to other land or structures in the district in which said land is located. Response: The conditions do not apply generally to other land or structures in the district in which the land is located. Only small lots like this one impose this kind of a restriction on the size of the home. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Response: The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Remodeling of the existing (old, small) structure was being considered, but upon future review has been rejected as not providing a long term solution to the needs of the property owners, and would have limited their enjoyment of the 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 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. This will be a single family home in a neighborhood of single family homes. 12. The granting of such variance will not merely serve as a convenience to the applicant but is necessary to alleviate demonstrable difficulty. Response: The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. Remodeling of the existing structure will not eliminate the limitations imposed by the age and size of the structure. Constructing a new home is the solution. • Exhibit C CERTIFICATE OF SURVEY N of: LEIGH & DAVE • KAE R C HE R PROPERLY DESCRIPTION: LOT 169 AND 170, PrIneHardcover: See Hardcover Inventory and Exhibit Sheets RESIDENCE WINSHIP'S SUBDIVISION OF SPRING PARK LOTS SITE ADDRESS: / 3297 Casco Circle �o Orono, MN 55391 \��G4i Proposed Building Coverage: �4- �P Buildings: 2,435 sq.ft. -/ P Porches: 176 sq.ft it G total 2,511 sq.ft. parcel area 13,652sq.ft. coverage15.1 Im.lx 7 / IP . f" &N,, N ' p v>e s d, "9�- o ',, r�j EXISTING STRUCTURES,PATIOS 'i 4 ,x (,> ..03.36 �9P \__ • ?".,22.3" ',i.. �� WALKS AND DRIVES TO BE REMOVED A>z:,5 .I 4,,41 „.3.- $' .\••<,<,, ,.: i isrr''' \ • moi fl Li, �� `� bizp.,`♦litlih,�I e,'c,,y %' S\:a �" N.� .c;t� 110,°,7,' z" 41 I V ,�r �, ; �0� 1 0� 410 4szy \, [.. 1%0. Oc wml\ 4` `, 0 , ,3 y G e.11 921LNs' - '/& pq ' s � 969.1. er ,yt ♦ o �%, Ns )am �OV � 143, 569.13 �� G,, TL 9 ,,,, 5 � Y. S Existing fest Floor elev.918.2 / p .06266 Existing lock order gar.de.910.0 0 G IBB3/01/711 'i,./� , • 6)26; ./ REAM M 11369k 5,,W 91- i .9a>ua /M21 • Denotes found monument ,' Bart 6iVel tem Denotes existing elev. 1\ m�enum/�i PREPARED FOR: LECY BROS. HOMES & REMODELING DEMARS—GABRIEL I hereby certify that this survey, plan or report was prepared by me or under File No. LAND SURVEYORS, INC. my direct supervision and that I am a duly Registered Land Surveyor under the 14798 2317 W. 93rd St. Laws of the State of Minnesota. Book—Page • Bloomington, MN 55431 763-559-0908 office �-yO� Scale 612-751-6785 cel' �; 4. 3/01/2021 dec@gwestoffice.net David i Crook Minnesota License No. 22414 SHEET 1 Of 3 SNE[.IS 1"=10' I O N 113 O O 1N 3 2� V$ S 3 W OI—I. 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Homes No. 14798 Exhibit E REVISED: 3/24/2021 REVISED: 3/26/021 REVISED: 6/10/2021 Property Address: 3297 Casco Circle REVISED:6/10/2021 • Prepared by: Demars Gabriel Land Surveyors, Inc. Date: 3/02/2021 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 ntended tc remain, as well as all proposed hardcover items that wil' be added. Use as mary lines as necessary'to accurately depict proposed hardcover status of the property. Key to Hardcover Item(Describe) length x Width Total Survey (Square Feet) IExamFlo) (Gare) ;241 x 3G) _ S..f.) . _ A ' House * 2,435 S.F. B i Bituminous Driveway ** 1,142 S.F. C Concrete Surface 5 x 10 50 S.F. D Sidewalk 29.7 x 3.5 104 S.F. E Retaining wall 57.5 x 2 115 S F. F Window Wells 38.7 x 0.67 28 S.F. G Shed N/A to be removed 10 x 12 o S.F. H Covered Porches 12(14)+15(6) 176 S.F. 1 S.F. S.F. * 34(14)+27.67(28)+7(12.5)+3(28)+10.29(24)+10.76(15,7)+10(22)+14.67(20)+5.3319.5)=2,435 S.F. ** 50(16)+14(17)+1.33(10)+13(14) =1,142 S.F. M 2 S.F. N S-F• O S.F. • P S.F. Q S.F. R S.F. SS.F. _ T S U S.F. ✓ S.F. W S.F X S.F. Y S.F. Z S.F. (1) Total Proposed Hardcover 4050 S.F. Excludable Hardcover(See City Code Sec 78-1684): E Retaining Wall 115 S.F. F Window Wells 28 S.F. S.F. S.F. S.F. (2) Total Excludable Hardcover 143 S.F. (3) Net Proposed Hardcover [Subtract line (2)from line (1)] 3,907 S.F. (4) Total Lot Area 13,652.0 S.F. Proposed Hardcover Percentage [ (3) .. (4) ] 28.6 oya • hvvei cv 30'2012 SHEET 5 OF 5 SHEETS C) Li. till- 4• 1 ) A ;,) \ tAq 41 I 4 I '1 J jj 1 \ 11• 1 ^ , � , \ s �1d11 ,� 1 o t:s� ix Y a ' ' • ? T t 1 t 1\‘‘1 k 'q i i Ai N tr?Z Aft CO r""I 06 y .r '' ,� - ,' 7 ifi` I '''1'..n.*'�/ Ali / , 1 Exhibit G RUN DATE:05/19/2021 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM(PROPERTY OWNERS LIST) 38 20-117-23 31 0038 38 20-117-23 34 0018 38 20-117-23 42 0035 EDWARD PEKARIK JR J W DENNIS IRREV SUB TRUST SAMSON CYRIL DRENTLAW III 2990 CASCO POINT RD 3055 CASCO POINT RD 3535 IVY PL ORONO MN 55391 ORONO MN 55391 ORONO MN 55391 ED PEKARIK JR JOHN W DENNIS IRREV SUBTRUST SAMSON CYRIL DRENTLAW 2990 CASCO POINT RD C/O JOHN W DENNIS 3535 IVY PL WAYZATA MN 55391 3055 CASCO POINT RD WAYZATA MN 55391 WAYZATA MN 55391 38 20-117-23 34 0001 38 20-117-23 34 0021 38 20-117-23 43 0006 JAY S HULBERT TRUSTEE R G&P A DUDLEY MARY L TUCKER TRUSTEE 3035 CASCO POINT RD 3125 CASCO CIR 3466 WY PL ORONO MN 55391 ORONO MN 55391 ORONO MN 55391 JAY S HULBERT RONALD G&PATRICIA A DUDLEY MARY L TUCKER 3035 CASCO POINT RD 3125 CASCO CIRCLE SO 3466 IVY PL WAYZATA MN 55391 WAYZATA MN 55391 WAYZATA MN 55391 38 20-117-23 34 0003 38 20-117-23 34 0022 38 20-117-23 43 0007 D P SEIDEL&H N SEIDEL STACY R MARKS WILLIAM H KOCH ET AL 3015 CASCO POINT RD 3127 CASCO CIR 3251 CASCO CIR ORONO MN 55391 ORONO MN 55391 ORONO MN 55391 DANIEL&HELENA SEIDEL STACY R MARKS WILLIAM H KOCH 3015 CASCO PT RD 3127 CASCO CIR LAURA D KOCH WAYZATA MN 55391 WAYZATA MN 55391 3251 CASCO CIR WAYZATA MN 55391 38 20-117-23 34 0005 38 20-117-23 34 0024 38 20-117-23 43 0008 PHILLIP S WHIPPLE CASCO POINT LLC JOHN M ELLENBERGER ET AL 3095 CASCO POINT RD 3005 CASCO POINT RD 3249 CASCO CIR ORONO MN 55391 ORONO MN 55391 ORONO MN 55391 PHILLIP S WHIPPLE CASCO POINT LLC JOHN M ELLENBERGER ET AL 3095 CASCO POINT RD 2987 CASCO POINT RD ELIZABETH A ELLENBERGER WAYZATA MN 55391 WAYZATA MN 55391 3249 CASCO CIR WAYZATA MN 55391 38 20-117-23 34 0006 38 20-117-23 34 0025 38 20-117-23 43 0009 K E RICHEY&S J RICHEY JAMIE GRANT JOSEPH KISER&MARY E KISER 3105 CASCO POINT RD 3020 CASCO POINT RD 3247 CASCO CIR ORONO MN 55391 ORONO MN 55391 ORONO MN 55391 KENT E&SUSAN J RICHEY JAMIE GRANT JOSEPH KISER&MARY E KISER 3105 CASCO PT RD 3020 CASCO POINT RD 3247 CASCO CIR • ORONO MN 55391 WAYZATA MN 55391 WAYZATA MN 55391 38 20-117-23 34 0008 38 20-117-23 34 0026 38 20-117-23 43 0010 TIES LIVING TRUST A DETERMAN&T DETERMAN GEORGE E/MARILYN K MILEUSNIC 3129 CASCO CIR 3026 CASCO POINT RD 3243 CASCO CIR ORONO MN 55391 ORONO MN 55391 ORONO MN 55391 KRISTI M TIES ANTHONY F DETERMAN GEORGE E MILEUSNIC MARK EDWARD TIES TRINA D DETERMAN 3243 CASCO CIRCLE 3129 CASCO CIR 3026 CASCO POINT RD WAYZATA MN 55391 ORONO MN 55391 WAYZATA MN 55391 38 20-117-23 34 0010 38 20-117-23 42 0006 38 20-117-23 43 0030 CHERYL CORYEA HENNEPIN FORFEITED LAND G C BECKER/T I MARCHESSAULT 3085 CASCO POINT RD 38 ADDRESS UNASSIGNED 3133 CASCO CIR ORONO MN 55391 ORONO MN 00000 ORONO MN 55391 CHERYL CORYEA HENNEPIN FORFEITED LAND G C BECKER/T I MARCHESSAULT 3085 CASCO POINT RD NOT FOR SALE/UNDER WATER IN 3133 CASCO CIR WAYZATA MN 55391 LAKE MTKA ORONO MN 55391 38 20-117-23 34 0011 38 20-117-23 42 0029 38 20-117-23 43 0031 JERRAMIE VONDALL&K VONDALL Z STROUT&M STROUT THE CASCO CO 3065 CASCO POINT RD 3525 IVY PL 3100 CASCO CIR ORONO MN 55391 ORONO MN 55391 ORONO MN 55391 JERRAMIE VONDALL ZEBADIAH STROUT CITY OF ORONO PARKS KIMBERLY VONDALL MOLLY STROUT P 0 BOX 66 3065 CASCO POINT RD 3525 IVY PL CRYSTAL BAY MN 55323 WAYZATA MN 55391 WAYZATA MN 55391 38 20-117-23 34 0012 38 20-117-23 42 0031 38 20-117-23 43 0035 ZDENKA FENIKOVA DAVID&KAY OWEN TRUST T A SWANSON&D R SWANSON 3045 CASCO POINT RD 3486 IVY PL 3040 CASCO POINT RD ORONO MN 55391 ORONO MN 55391 ORONO MN 55391 ZDENKA FENIKOVA DAVID S OWEN TROY A&DEBORA R SWANSON 3045 CASCO POINT RD KAY J OWEN 3040 CASCO POINT RD WAYZATA MN 55391 3486 IVY PL WAYZATA MN 55391 WAYZATA MN 55391 38 20-117-23 34 0017 38 20-117-23 42 0034 38 20-117-23 43 0042 • DORIS MOLITOR-WATERS TONKA BAY DEVELOPMENT LLC DANIEL H COX 3061 CASCO POINT RD 3545 IVY PL 3277 CASCO CIR ORONO MN 55391 ORONO MN 55391 ORONO MN 55391 DORIS MOLITOR-WATERS TONKA BAY DEVELOPMENT LLC DANIEL H COX 3061 CASCO POINT RD 5413 MANITOU RD 3277 CASCO CIR WAYZATA MN 55391 EXCELSIOR MN 55331 WAYZATA MN 55391 RUN DATE:05/19/2021 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM(PROPERTY OWNERS LIST) PAGE:2 38 20-117-23 43 0043 • DANIEL H COX 3277 CASCO CIR ORONO MN 55391 DANIEL H COX 3277 CASCO CIR WAYZATA MN 55391 38 20-117-23 43 0044 S A STRUCK/J W STRUCK TRUST 3287 CASCO CIR ORONO MN 55391 SARAH ANN STRUCK JAN WILLIAM STRUCK 3287 CASCO CIR WAYZATA MN 55391 38 20-117-23 43 0045 L B KAERCHER&J D KAERCHER 3297 CASCO CIR ORONO MN 55391 LISA B KAERCHER JOHN DAVID KAERCHER 4M SHANNEYBROOK CT PHOENIX AZ 21131 38 20-117-23 43 0048 B V NELSON&D R NELSON 3305 CASCO CIR ORONO MN 55391 BRIAN V&DAWN R NELSON 3305 CASCO CIR WAYZATA MN 55391 38 20-117-23 43 0049 L&J BRUSTAD 3309 CASCO CIR ORONO MN 55391 LAWRENCE L BRUSTAD • 3309 CASCO CIRCLE WAYZATA MN 55391 38 20-117-23 43 0051 WILLIAM D GUST 3034 CASCO POINT RD ORONO MN 55391 WILLIAM D GUST 3034 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 43 0052 KRISTEN M/ANDREW V RONNINGEN 3030 CASCO POINT RD ORONO MN 55391 KRISTEN&ANDREW RONNINGEN 3030 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 43 0053 DANIEL BRABENDER 3271 CASCO CIR ORONO MN 55391 DANIEL BRABENDER 3271 CASCO CIR WAYZATA MN 55391 38 20-117-23 43 0054 LEISEL&MARK PFLEGHAAR 3509 IVY PL ORONO MN 55391 LEISEL&MARK PFLEGHAAR 3509 IVY PL WAYZATA MN 55391 • 38 20-117-23 43 0055 DONALD JAMES KAVANAGH 3038 CASCO POINT RD ORONO MN 55391 DONALD JAMES KAVANAGH 3038 CASCO POINT RD WAYZATA MN 55391 Hennepin County has developed electronic forms of certain property information databases.Hennepin County makes reasonable efforts to produce • and publish the.most current property information available.The viewer should understand,however,that Hennepin County makes no representation or warranties,either express or implied,or as to merchantability or fitness for a particular purpose regarding the accuracy and/or completeness of the information contained herein. • • Exhibit H �,^ „ III Hennepin County Locate & Notify Map { Date: 5/19/2021 U 4550 c 3548 3546 iter e 3534 3545 , OM 134 Isla 3532 03f -P 3516p2f zsan NII 3508 ' 3535 990�r' A .rI x fp,0A _—--___ 3525 �i� 02Gs >; 3486 2387 ft25 ,N! 3026 3034 3501 ,i, 3030 3271ggi mil \iv 3005 Ntr 66 t64 327 Si 471 �, r�si .615 {- 303t,;�, 3777 fir, y igi Ilk 3 287'A-0 3040 " 3045 `i. osf d7 ra, �x 3305 • 3t. �, 39(5 3305 3243 °r 0,1 it. 3961 3485 nm3<d' / n, 3095 01 311311 7r 3105 �/ /., 3125 /.. 71 / • .d 127 IA 3129 3225 1.i 3133 313`.+ °aSCO$C1 3205 t 3131 3165 3195 az,$, 3145 3155 3165 Buffer Size: 500 0 50 100 200 Feet Map Comments: I I I 1 I 1 1 1 I 3297 Casco Circle 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, engineering or surveying ID purposes.Hennepin County shall not be liable for any damage,injury or loss resulting from this data. For more information,contact Hennepin County GIS Office 300 6th Street South,Minneapolis,MN 55487/gis.info@hennepin.us