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HomeMy WebLinkAboutResolution 70421111111 II 111 II II II 11 I II Doc No T05664069 Certified, filed and/or recorded on Nov 20, 2019 11:46 AM Office of the Registrar of Titles Hennepin County, Minnesota Martin McCormick, Registrar of Titles Mark Chapin, County Auditor and Treasurer Deputy 144 Pkg ID 1908498E Document Recording Fee 46.00 Document Total 46.00 Existing Certs 1350348 This cover sheet is now a permanent part of the recorded document. OArp CITY OF ORONO RESOLUTION OF THE CITY COUNCIL yF zIL- NO. 704 2G 9KESHO A RESOLUTION APPROVING VARIANCES FROM MUNICIPAL ZONING CODE SECTIONS 78-350; 78-1279; 78-1282; 78-1403; 78-1405; 78-1680; 78-1681 & 78-1700 AND GRANTING AN INTERIM USE PERMIT PURSUANT TO SECTION 78-1726 FILE NO. LA19-000069 WHEREAS, on August 21, 2019, Dale Olsen and Jonmari Olsen (hereinafter the Applicants"), applied for a number of variances from the City Code for the property addressed 3315 Crystal Bay Road and legally described as: Lots 2, 3 and 4, "Wallace's Addition to the Village of Minnetonka Beach". A strip or piece of land 5 feet wide and 150 feet long, being all that part of the right-of-way of the railway of the Great Northern Railway Company in Government Lot 6, Section 17, Township 117 North, Range 23 West of the 5th Principal Meridian, lying parallel with and adjoining the Southeasterly line of Lots 2, 3 and 4, Wallace's Addition to the Village of Minnetonka Beach. hereinafter the "Property"); WHEREAS, the Applicants have made application to the City of Orono for variances to the following Orono Municipal Zoning Code Sections to allow redevelopment of the Property: 1. Section 78-350 for a lot area variance to develop a lot with 11,100 square feet in defined lot area where 21,780 square feet (0.5 acre) of area is required; 2. Sections 78-1608 and 78-1700 for hardcover variances to allow 49.6% total site hardcover where 25% is allowed; and 3,697 square feet of hardcover within the 75-foot setback; 3. Section 78- 1405 for a structural coverage variance to allow 31.1% building/structural coverage where 20% is the maximum allowed based on a defined lot area of 11,100 square feet; 4. Sections 78-350; 78-1279; and 78-1405 for setback variances to allow: a. 2,353 square feet of building/structure within the 75-foot setback where no structure is allowed; b. Retaining walls within the 75-foot setback, 30 feet from the OHWL; c. Retaining walls within 10-feet of the paved roadway, between 0-2 feet; d. Retaining walls in excess of 2 feet in height within the side yard setback; 1 icLOAtp CITY OF ORONO RESOLUTION OF THE CITY COUNCIL y11k NO. 7 0 4 2 q"ES H O e. 6.3-foot rear yard setback variance for the principal building where 30-foot setback is required; f. 41-foot setback from the OHWL for the principal building where a 75-foot setback is required; g. Driveway width within the 75-foot setback wider than the permitted 8-foot allowance; and WHEREAS, the Applicants have made application to the City of Orono for an interim use permit (hereinafter the "IUP") pursuant to Orono Municipal Zoning Code Section 78- 1726 to permit export of approximately 1,120 cubic yards of material from within the 75-foot setback from the OHWL; and WHEREAS, on September 16, 2019, after published and mailed notice in accordance with Minnesota Statutes and the City Code, the Planning Commission held a public hearing, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, on September 16, 2019, the Planning Commission recommended denial of the variances as proposed; and WHEREAS, on October 14, 2019, the City Council reviewed the application and the recommendations of the Planning Commission and City staff; and voted to table the application, and advised the Applicants to redesign the plan reducing the proposed structural coverage level; and WHEREAS, on October 28, 2019, the City Council reviewed the revised request which included the following: 1. Section 78-350 for a lot area variance to develop a lot with 11,100 square feet in defined lot area where 21,780 square feet (0.5 acre) of area is required; 2. Sections 78- 1608 and 78- 1700 for hardcover variances to allow 39.7% total site hardcover where 25% is allowed; and 3,218 square feet of hardcover within the 75-foot setback; 3. Section 78-1405 for a structural coverage variance to allow 26.9% building/structural coverage; 4. Sections 78-350; 78-1279; and 78-1405 for setback variances to allow: a. 2,103 square feet of building/structure within the 75-foot setback where no structure is allowed; b. Retaining walls within the 75-foot setback, 32 feet from the OHWL; c. Retaining walls within 10-feet of the paved roadway, 2 feet from the paved road; d. Retaining walls in excess of 2 feet in height within the side yard setback; 2 1R,OAte.\ CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 704 2 G q"ESHO e. 6.3-foot rear yard setback variance for the principal building where 30-foot setback is required; f. 41-foot setback from the OHWL for the principal building where a 75-foot setback is required; g. Driveway width within the 75-foot setback wider than the permitted 8-foot allowance; and 5. An IUP for removal of approximately 1,120 cubic yards of fill from the 75-foot setback. WHEREAS, on October 28, 2019, the City Council directed preparation of findings for approval of the revised plan. NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves the requested variances and IUP as described above based on one or more of the following findings of fact concerning the Property: FINDINGS OF FACT: 1. This application was reviewed as Zoning File #LA19-000069. The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the above mentioned meetings, and any and all other materials distributed at these meetings are hereby incorporated by reference. 2. The Property is located in the LR-1C Single Family Lakeshore Residential Zoning District. 3. The Property contains 11,100 square feet (0.25 acre) in defined lot area and has a defined lot width of 149 feet. 4. Total defined lot area of the Property excludes the bituminous, travelled area of Crystal Bay Road; therefore 14,459 square feet(total) minus the 3,359 square feet of paved public road equals 11,100 square feet. 5. The Property is within Tier 1 and hardcover is limited to 25% according to the Stormwater Quality Overlay District. 6. The applied building setbacks on the Property overlap resulting in an absence of any legal buildable area. 7. Applicant has applied for the following variance[s]: a. Lot Area Variance b. Structural Coverage Variance 3 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL y G ' NO. 7042 1 ESHO c. Hardcover Variances—Overall and within 75-foot Setback d. Lake Setback Variance e. Street Setback Variance f. Side Yard Setback Variance g. Rear Yard Setback Variance h. Driveway Width within 75-foot Setback Variance 8. In considering this application for variances and IUP, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed variances 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. VARIANCE ANALYSIS: 1. "Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance . . . ."The proposed variances are in harmony with the purpose of the Ordinance. The small, shallow lot includes difficulties in its small size and depth, and proximity to the lake to allow redevelopment. The lot is also challenged by Crystal Bay Road which subtracts 3,359 square feet from the calculated lot area and runs through the lake yard. 2. "Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan."The variances requested to develop the nonconforming lot of record are consistent with the comprehensive plan. The requested hardcover and structural coverage variances are supported by the undue burden caused by the 3,359 square feet of paved Crystal Bay Road. 3. "Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. `Practical difficulties,' as used in connection with the granting of a variance, means that: a. The property owner in question proposes to use the property in a reasonable manner, however, the proposed use is not permitted by the official controls. The request to permit construction of the home on the substandard lot, in the proposed location within the 75-foot lake setback, front setback, and rear yard setback, appears to be reasonable as the Property's reduced size and orientation with respect to the lakeshore, Crystal Bay Road, and adjacent properties creates difficulties. 4 ONp CITY OF ORONO RESOLUTION OF THE CITY COUNCIL y 4' NO. 7 0 4 2 l' SHO°' b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The Property's uniquely small, shallow size, location with respect to the lake and roadway, and required setbacks prevent a residential footprint consistent with the neighborhood. Approval of the requested variances provides relief from the hardcover limitation, the lake and street setback, the rear setback and the lot area requirements. The presence of the Crystal Bay Road improvements limits the usability of the Property. c. The variance, if granted, will not alter the essential character of the locality." The variances are requested in order to permit construction of a home which is reasonable. Other homes in the immediate neighborhood have been granted similar levels of variances for redevelopment. 4. "Economic considerations alone do not constitute practical difficulties." Economic considerations have not been a factor in the variance approval determination. 5. "Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter 78." This condition is not applicable. 6. "The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located." This condition is not applicable, as a single family 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 Property's substandard size and depth with respect to the lakeshore, Crystal Bay Road, and adjacent properties creates difficulties which also apply to many of the properties in the same neighborhood. 9. "The conditions do not apply generally to other land or structures in the district in which the land is located." The Property's substandard size and applied setbacks creates difficulties which also apply to many of the properties in the same neighborhood. The burden of the 3,359 square feet of roadway and the shallow depth are unique to the Property. 5 spATp CITY OF ORONO RESOLUTION OF THE CITY COUNCIL yNO. 7042IL" N. G kESHoo' 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." Granting the variances are necessary for the preservation of the property right of the Applicants as when all setbacks are combined they eliminate any legal buildable area on the Property. 11. "The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter." Granting variances in this unique situation is not contrary to the intent of the zoning chapter. 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty." The variances are necessary, and do not merely serve as a convenience to the Applicants. INTERIM USE PERMIT ANALYSIS: On the basis of the application and the evidence submitted, the City Council determines that the use will comply with the following: 1. The use will meet the general performance standards in section 78-916 of this chapter; the proposed grading will conform to the standards within Section 78-916 of the Zoning Code. 2. The use is allowed as an interim use in the applicable zoning district; this statement is true. 3. The use will not delay anticipated development or redevelopment of the site; the proposed grading activity will be conducted in conjunction with the development of the new single family home on the property. This statement is true. 4. The use will not be in conflict with any provisions of the city code on an ongoing basis; the proposed grading activity will not be in conflict with the Code. 5. The use will not adversely affect the adjacent property, the surrounding neighborhood, or other uses on the property where the use will be located; this standard requires that the proposed grading and improvements must not substantially impair the use and enjoyment of the properties in the area when compared to the impairment or impact of generally permitted uses. The result of the proposed grading will not change the intended residential use of the Property so there should be no change in the use and enjoyment of adjacent properties resulting from the export of fill materials. However, activity of exporting approximately 1,120 cubic yards of fill and active grading of the Property during construction can have 6 O p CITY OF ORONO RESOLUTION OF THE CITY COUNCIL y*ICIL NO. 7042 G KE temporary adverse impact on neighbors particularly on this extremely narrow roadway. The grading work on the Property as well as the forthcoming construction of the proposed home could result in additional noise, dust, vibration and traffic on the haul routes and immediate neighbors. To the degree possible, negative impacts should be limited and mitigated. Trucks hauling material shall observe the speed and traffic laws and provide on site traffic control to improve safety. All local streets used for the haul route should be inspected prior to activity that any damage can be repaired. 6. The use will not impose additional unreasonable costs on the public; the property owner, builder, and contractors will be responsible for keeping debris off of the public roadways. The noise resulting from the trucks hauling and equipment moving the material in and around the site should be minimized to the extent possible. The grading and construction project will be monitored by the City Engineer and planning staff so as to minimize nuisances during the project. 7. The date or event that will terminate the use can be identified with certainty; the conclusion of the grading activity will coincide with the finalization of the construction of the proposed home on the property. An as-built survey will be submitted to confirm conformance with the approved grading plan at the closing of the permits. 8. And the applicant agrees in writing to any conditions that the city council deems appropriate for the use, including a requirement for a financial security to ensure removal of all evidence of the use upon termination, and restoration of the site to prior or better conditions. The conditions shall be set forth in a development agreement between the property owner and the city, which agreement shall be recorded with the Hennepin County Recorder or Registrar of Deeds. The conditions of approval will be documented as required. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants the following approvals: A Variance to Orono Municipal Zoning Code Section 78-350 for a lot area variance to develop a lot with 11,100 square feet in defined lot area where 21,780 square feet (0.5 acre) of area is required; Variances to Orono Municipal Zoning Code Sections 78-1608 and 78-1700 for hardcover variances to allow 39.7% total site hardcover where 25% is allowed; and 3,218 square feet of hardcover within the 75-foot setback; 7 icLOAtp CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7042 ikESHov-`" A Variance to Orono Municipal Zoning Code Section 78- 1405 for a structural coverage variance to allow 26.9% building/structural coverage; Variances to Orono Municipal Zoning Code Sections 78-350; 78- 1279; and 78-1405 for setback variances to allow: 2,103 square feet of building/structure within the 75-foot setback where no structure is allowed; Retaining walls within the 75-foot setback, 32 feet from the OHWL; Retaining walls within 10-feet of the paved roadway, 2 feet from the paved road; Retaining walls in excess of 2 feet in height within the side yard setback; 6.3-foot rear yard setback variance for the principal building where 30-foot setback is required; 41-foot setback from the OHWL for the principal building where a 75-foot setback is required; Driveway width within the 75-foot setback wider than the permitted 8-foot allowance; and An IUP pursuant to Section 78-1726 for removal of approximately 1,120 cubic yards of fill from the 75-foot setback, subject to the following conditions: 1. Council approval is based on the entire record, above Findings. 2. The approved project shall conform to the hardcover calculations and improvements as shown on the revised site plan dated 10/18/19 submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibits A and B. 3. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. 4. No grading within the Hennepin County Regional Rail Authority's (HCRAA) easement is permitted without HCRR permit/ permission. 5. To offset the hardcover increases, the plan proposes underground infiltration ( French drains). Applicant shall provide the calculations used to size the system with the Building Permit submittal. Also a detail of the French drain should be included in the plan set, and the locations shown on the as-built certificate of survey. 6. A complete stormwater pollution prevention plan shall be required as part of the building permit review. 8 1cLOAtp CITY OF ORONO RESOLUTION OF THE CITY COUNCILtf\A NO. 70 4 2 CESHO 7. Prior to building permit review the survey shall be updated to show all existing utilities in accordance the City survey and site plan requirements. 8. Authorities granted by this resolution run with the Property not with the Applicants, but are permissive only and must be exercised by obtaining a building permit for the new construction and commencing construction of said project. A framing inspection must be completed within one year of the date of Council approval, or the variance will expire on that date (November 12, 2020). 9. Violation of or non-compliance with any of the terms and conditions of this resolution may result in the termination of any authority granted herein. ADOPTED by the Orono City Council on this 12th day of November, 2019. 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EXISTING ADJACENT GREEN SPACE\//\ ROTE 3 Dam g5y6gy5y6 y IN.S IN..geml e- I_- --_-__ --____$- VAI1,1A U0.1CA S LANDSCAPE REM PFR CI,xrVRW ti rl: 2019w n SAb______________________________________________________ RSOR hr•K.Dp nf) GRADING AND DRAINAGE PLAN S 5 DAKOTA RAIL TRAIL NIIIMISt,# I}1 °GRADING AND DRAINAGE PLAN Aj L201 t 1—D dT City of Orono Resol. No. 7 0 4 2 ik.otio Hardcover Calculation Worksheet Exhibit B Property Address: LA19-000069 3315 CRYSTAL BAY ROAD, ORONOIt)E_ SNO0.'` Prepared by:TVL STUDIO Date: 08.20.2019 Stormwater Quality Overlay District Tier: (Circle one) Tier 2 Tier 3 Tier 4 Tier 5 Step 2: PROPOSED HARDCOVER In the following table, identify all items of proposed hardcover on the property, keyed by letter toCertificateofSurvey (survey must accompany this form). Include all existing hardcover items that are intended to remain, as well as all proposed hardcover items that will be added. Use as many lines as necessary to accurately depict proposed hardcover status of the property. For Tier 1 properties, identify any features by letter which are split at the 75' setback line and calculate hardcover square footage separately for each portion. Key to Hardcover Item (Describe) Length x WidthSurvey Total S quare Feet) Example) (Garage) 24'x 30')720 S.F.) A PROPOSED HOUSE 2,891 S.F. B DRIVEWAY AND AUTOCOURT(1,376-100 for impervious) 1,276 S.F. C ENTRY WALK AND STAIRS 132 S.F. D LIVING ROOM EGRESS STAIRS 24 S.F. E BASEMENT ENTRY WALKS AND STAIRS 69 S.F. F AUTO COURT RETAINING WALL 97 S.F. G LAWN PLINTH RETAINING WALLS 78 S.F. H WINDOW WELL WALL 19 S.F. I S.F. J S.F. K S.F. L S.F. M S.F. N S.F. O S.F. P S.F. 0 S.F. R S.F. S S.F. T S.F. U S.F. V S.F. W S.F. X S.F. Y S.F. Z S.F. 1) Total Proposed Hardcover 4,586 S.F. Excludable Hardcover(See City Code Sec 78-1684): I AUTO COURT RETAINING WALL 97 S.F. J LAWN PUNTH RETAINING WALLS 78 S.F. S.F. S.F. S.F. 2) Total Excludable Hardcover Ins S.F. 3) Net Proposed Hardcover [Subtract line(2)from line(1)1 4,411 S.F. 1 4) Total Lot Area 14,459(lot area)-3,359(existing bituminous roadway) 11,190. S.F. Proposed Hardcover Percentage [(3)_(4)] 39.74-) This is an information packet regarding Hardcover. Every effort has been made to insure the accuracy of the information contained herein;however,if any information is not consistent with provisions of the City Code,the Code provisions will prevail. Page 9 of 9 City of Orono 7 0 4 2 voN*,.. Hardcover Calculation-1W'alculation Worksheet (Within 75' setback) Property Address: 3315 CRYSTAL BAY ROAD, ORONO CESPrepared by: TVL STUDIO Date: 08.20.2019 Stormwater Quality Overlay District Tier: (Circle one) Tier 2 Tier 3 Tier 4 Tier 5 Step 2: PROPOSED HARDCOVER In the following table, identify all items of proposed hardcover on the property, keyed by letter to Certificate of Survey (survey must accompany this form). Include all existing hardcover items that are intended to remain, as well as all proposed hardcover items that will be added. Use as many lines as necessary to accurately depict proposed hardcover status of the property. For Tier 1 properties, identify any features by letter which are split at the 75' setback line and calculate hardcover square footage separately for each portion. Key to Hardcover Item (Describe) Length x Width Total Feet)q Example) (Garage) 24'x 30') 720 S.F.) A PORTION OF PROPOSED HOUSE WITHIN 75'SETBACK 2,103 S.F. f------- B PORTION OF DRIVEWAY AND AUTOCOURT WITHIN 75'SETBACK 896 S.F. \ C ENTRY WALK AND STAIRS 132 S.F. D PORTION OF LIVING ROOM EGRESS STAIRS WITHIN 75'SETBACK 18 S.F. E BASEMENT ENTRY WALKS AND STAIRS 69 S.F. F PORTION OF AUTO COURT RETAINING WALL WITHIN 75'SETBACK 43 S.F. G PORTION OF LAWN PLINTH RETAINING WALLS WITHIN 75'SETBACK 38 S.F. H PORTION OF WINDOW WELL WITHIN 75'SETBACK 0 S.F. I S.F. J S.F. K S.F. L S.F. M S.F. N S.F. 0 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 Proposed Hardcover 3.299 S.F. Excludable Hardcover(See City Code Sec 78-1684): I AUTO COURT RETAINING WALL 43 S.F. J LAWN PLINTH RETAINING WALLS 38 S.F. S.F. S.F. S.F. 2) Total Excludable Hardcover 81 S.F. 3) Net Proposed Hardcover [ Subtract line(2)from line(1)] 1 3,218 S.F. 4) Portion of Total Lot Area within 75'setback 11.294(lot area)-3.359(existing bituminous roadway) 17,935 S.F. Proposed Hardcover within 75'Setback Percentage [(3)_(4)] 9 IVO rftemt7t,,e- This is an information packet regarding Hardcover. Every effort has been made to insure the accuracy of the information contained herein;however,if any information is not consistent with provisions of the City Code,the Code provisions willprevail. Page 9 of 9