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11-09-2020 Council Packet
Agenda Council Meeting Monday, November 9, 2020 6:00 P.M. Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356 952-249-4600 / www.ci.orono.mn.us Sign up for email notifications at www.ci.orono.mn.us The public is invited to address the council regarding any item on the regular agenda. If your topic is not on the agenda, you may speak during the Public Comments section. Roll Call Pledge of Allegiance Approval of Agenda Consent Agenda 1. City Council Meeting Minutes of October 26, 2020 2. Council Work Session Minutes of October 26, 2020 3. Special City Council Meeting Minutes of October 16, 2020 4. Claims/Bills 5. Approve Tobacco License for C-Store Gas Station 6. Carman Bay LID Assessment 7. Approval to Accept Donation for Big Island Park 8. Public Works Maintenance Worker Appointment 9. Shadywood Villas – Formal Acceptance Public Water and Sanitary Sewer – Resolution 10. Willow Bay Sanctuary – Formal Acceptance Public Water and Sanitary Sewer – Resolution 11. Authorization to Accept William Persell Resignation 12. LA20-000051 – NIH Homes, Request for Alley Vacation – Resolution 13. LA20-000059 – Hendel Homes o/b/o Casey Webber & Sydney Anderson, 1775 Fox Street, CUP – Resolution 14. LA20-000064 – John Kraemer & Sons, 320 Woodhill Road, Plumbing CUP, Guest House CUP – Resolution 15. LA20-000065 – Gonyea Transformations, 140 Kintyre Lane, CUP, Resolution 16. LA20-000066 – Marty Sarenpa, 1101 North Arm Dr, Variance, Resolution 17. LA20-000067 – Alethea Sadowski o/b/o Roger and Nancy McCabe, 1265 Shoreline Drive, Variance – Resolution Public Comments – (Limit 5 Minutes per Person) This is an opportunity for the public to address matters not on the agenda. The council will not engage in discussion or take action on items presented at this time. However, the council may refer issues to staff for follow up or consideration at a future meeting. Speakers should state their name and home address at the podium before speaking. Public Works Director/City Engineer Report 18. Big Island Park ADA Trail Project (19-033) – Change Order 19. Smith Avenue Cul-De-Sac Easement Planning Department Report 1 1 Agenda Council Meeting Monday, November 9, 2020 6:00 P.M. Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356 952-249-4600 / www.ci.orono.mn.us Sign up for email notifications at www.ci.orono.mn.us 20. LA20-000022 – LA20-000022 – Randy Haapala, HNH Homes o/b/o William & Kathleen Wanner, 1095 Ferndale Rd West, Variances + CUPs 21. Discussion Related to a Potential Text Amendment Related to Residential Dock Use and Certain Exceptions 22. Authorize for Advertisement, RFP for Building Services Mayor/Council Report City Administrator Report 23. Health Insurance Approval 24. Long Lake Fire SCBA Capital Purchase 25. CARES Act Allocation City Attorney Report Closed Session 26. Closed Session to Discuss Union Negotiations for Local 12 and Local 49 Adjournment Upcoming Events 2020 11-11-20 Official Holiday, City Offices Closed 11-16-20 Planning Commission Meeting, Monday, 6:00 p.m. (Aaron Printup) 11-23-20 Council Work Session, Monday, 5:00 p.m. 11-23-20 City Council Meeting, Monday, 6:00 p.m. 11-26-20 Official Holiday, City Offices Closed 11-27-20 Official Holiday, City Offices Closed 12-07-20 Truth in Taxation Meeting, Monday, 6:00 p.m. 12-07-20 City Council Meeting, Monday, 6:00 p.m. 2 2 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 26, 2020 6:00 o’clock p.m. _____________________________________________________________________________________ Page 1 of 7 ROLL CALL The Orono City Council met on the above-mentioned date with the following members present: Mayor Dennis Walsh, City Council Members Richard Crosby, III, Matt Johnson, and Victoria Seals. Council Member Aaron Printup was absent. Representing Staff were City Attorney Soren Mattick, Public Works Director/City Engineer Adam Edwards, Community Development Director Jeremy Barnhart, and City Administrator Dustin Rief. Mayor Walsh called the meeting to order at 6:00 p.m., followed by the Pledge of Allegiance. APPROVAL OF AGENDA CONSENT AGENDA 1. City Council Meeting Minutes of October 12, 2020 2.Council Work Session Minutes of October 12, 2020 3.Claims/Bills 4. Gregg Palmer Retirement – Resolution Crosby asked to remove this item from the Consent Agenda so the City Council can discuss the item. 5. Pipe Televising System Purchase Crosby moved, Johnson seconded, to approve the Consent Agenda as revised. VOTE: Ayes 4, Nays 0. PUBLIC COMMENTS There were no public comments. UPDATE FROM HENNEPIN COUNTY Jan Callison stated it has been a busy year at Hennepin County and gave a summary update on COVID- 19, what is being seen in Minneapolis with the unrest, and the 2021 budget. She reported on the number of COVID-19 cases in Hennepin County and specifically Orono, and went over statistics regarding demographics by race and age, and hospitalizations versus recovery at home. Ms. Callison reported on CARES Act Funding and distributing approximately $40,000,000 to small businesses in Hennepin County grants of which Orono businesses received $60,000. They have provided hotels for high-risk homeless individuals, housing assistance, mortgage assistance, and given funding to Hennepin County Medical Center. Ms. Callison noted a challenge in the unrest in Minneapolis and showed some pictures onscreen of the damage done to Hennepin County property in May, including the East Lake Library, a service center and a pharmacy. She noted they are continuing to protect properties by using fences and boarding up first floor windows. She commended the Sheriff’s department for the work they have done. Regarding the 2021 budget, they have approved a max levy with 0% property tax increase; challenges with the budget include not knowing how long the pandemic will last, how they will make sure the homeless cost is brought to a more reasonable level, if there will be federal and state assistance, and 3 3 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 26, 2020 6:00 o’clock p.m. _____________________________________________________________________________________ Page 2 of 7 whether the County will be expected to pay part of the cost of distribution of a COVID-19 vaccine. Ms. Callison moved on to the upcoming election and gave an update on preparedness and ballot deadlines. She thanked the Councilmembers for their support over the years and noted this will be her last presentation to them and shared her best wishes. Mayor Walsh thanked Ms. Callison for all the support given regarding County roads and he hopes the person that replaces her is as good to Orono and takes care of them the way she has. He appreciates all her years of service. 6.SWEARING IN OF OFFICERS AND SERGEANTS Mayor Walsh led Matthew Siltala in the Oath of Office of Police Sergeant of the City of Orono: “I do solemnly swear under oath that I will support the Constitution of the United States of America, and of the State of Minnesota, and faithfully discharge the duties of the Office of Police Sergeant in the City of Orono, of the County of Hennepin, to the best of my judgment and ability so help me God.” Mayor Walsh led Larry Cable, Trey Wiebusch and Collin Palm in the Oath of Office of Police Officer of the City of Orono: “I do solemnly swear under oath that I will support the Constitution of the United States of America, and of the State of Minnesota, and faithfully discharge the duties of the Office of Police Officer in the City of Orono, of the County of Hennepin, to the best of my judgment and ability so help me God.” Mayor Walsh thanked the members of the Police Department for all they do and noted the Blue Line Flag that will fly in Orono 365 days a year. Crosby thanked the families of the Police Department for being there for them during these difficult times as what the families have to go through is sometimes even harder than what the officers have to go through. He asked everyone to keep them in their prayers. GREGG PALMER RETIREMENT – RESOLUTION (formerly Consent Agenda Item No. 4) Seals noted she is the daughter of a public works person and she is honored to read a letter of thank you and acknowledgement. She read the Resolution of Appreciation to Gregg Palmer for his 30 years of dedicated service. Crosby moved, Johnson seconded, to adopt a Resolution of Appreciation to Employee Gregg Palmer for His Forty Years of Dedicated Service. VOTE: Ayes 4, Nays 0. PUBLIC HEARING 7.CERTIFICATION OF DELINQUENT UTILITIES Mayor Walsh opened the public hearing at 6:18 p.m. 4 4 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 26, 2020 6:00 o’clock p.m. _____________________________________________________________________________________ Page 3 of 7 There were no public comments. Mayor Walsh closed the public hearing at 6:18 p.m. Walsh moved, Johnson seconded, to adopt the attached Resolution providing for the certification of delinquent 2020 water and sewer utility charges, recycling program fees, on-site sewage treatment program, storm water charges to Hennepin County for collection of the 2021 Property Taxes. VOTE: Ayes 4, Nays 0. PLANNING DEPARTMENT REPORT 8. LA19-000048 – TIMOTHY WHITTEN O/B/O IRWIN JACOBS 2018 REV TRUST, 1700 SHORELINE DRIVE PRELIMINARY PLAT Mayor Walsh noted the Applicant has requested to table the measure, and asked if anyone would like to come up and discuss. Meredith Kuhlman, 1760 Shoreline Drive, lives west of the proposed development. She noted her father purchased the estate years ago, and it was made into three lots and the Kuhlmans decided to move to Orono because of the great schools and sprawling location. Ms. Kuhlman and her husband watched the last Council meeting and noted Mr. Whitten said he had talked to the neighbors about the development and that many are on board. She said they had not been approached or talked about the development at all and that the original average lakeshore setback (ALS) proposed affected the Kuhlman’s sightline to the lake. Ms. Kuhlman said they object to 5-7 houses being built, even though they will be beautiful, because if they had wanted to invest in a house in a neighborhood, they would have moved to Edina. She noted they tried to be very respectful of neighbors when they built their home and set it back into a hill. The fact that this development will be so densely populated is concerning and increasing traffic on Shoreline Drive adds to that. Ms. Kuhlman understands development of some sort will potentially be at the site, but noted the density of the current proposal as well as the fact that the communication hasn’t been forthright and neighborly. Carolyn Nelson, 1780 Shoreline Drive, lives next to the Kuhlmans; she noted three proposed houses are so close to the wetlands and she thinks it would be unfortunate if they were built there as there is not much of a setback. Ms. Nelson also noted they have trouble on the driveway and the developer better make sure the roads are wide enough to accommodate two delivery trucks passing one another. She believes they are crowding more houses into the space than they ought to. Bob Nelson, 1780 Shoreline Drive, said he doesn’t see why a variance should be granted as the developers know what the rules are and there doesn’t seem to be a reason for the Council to grant a variance. Barbara Burwell, 1100 Millston Road, is the property owner of 1125 and 1075 Shoreline Drive. She stated she appreciates the Councilmembers service to the community. Today she feels sad as they have already talked about the density and proposal but there have been some changes that have upset her. She is not for this subdivision with 7 lots and she understands there is a new proposal which she knows nothing about. She was offered the opportunity to walk the property with the staking of three houses and said it was very helpful but she did not see anything regarding the road, or Lots 4-7. On October 16, 2020 she was notified that the stakes were in place for the road and lots and went to the property on October 21, 5 5 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 26, 2020 6:00 o’clock p.m. _____________________________________________________________________________________ Page 4 of 7 2020 and met with surveyor Mark Gronburg, realtor Mike Stedman, and developer Tim Whitten. They walked the property and at that point nothing was said regarding changes to the proposal. She noted they now have two proposals, one of which is completely different, with only one business day notice. She noted she objects to the first proposal with 7 lots and she is also not in favor of 6 lots. She believes it is in Minnesota State Statute that there must be 10 days’ notice to bring a proposal. She has retained legal counsel and will ask Attorney Aaron Dean to share what they have been working on. The second proposal was 26 pages and it was not an incidental decision to put it forward the previous Friday night. She feels this is a bait-and-switch as it is a high-density 7 lot development reminding her of a square trying to be put into a circle and she does not understand it as the road goes right into her property and is a very big concern. Ms. Burwell stated this is affecting her property in a big way; at a previous meeting, she noted Mr. Whitten stated the neighbors ‘love the proposal and they have had lots of meetings.’ Ms. Burwell said there has been one meeting on March 12, 2020. She was never asked for her consent and never stated she is for this and has never wanted a development there for reasons such as density, safety, the road, the forest, the beauty, and preservation. Ms. Burwell noted this development is a big step for Orono and she knows the City does not take it lightly. She asked that the City Council deny the application for the subdivision, start over and actually speak with the neighbors to disclose their true intentions. Aaron Dean from Moss and Barnett Law Firm stated he spoke with City Attorney Mattick earlier today and was not surprised by what the Applicant has done; the Applicant owns that they are putting themselves in harm’s way by not providing notice to the neighbors. Just minutes before the meeting, the Applicant asked for a do-over and to table all discussion on the matter; they don’t want a vote because they know they are in trouble. Wherever one lives, they deserve to have peace and the Jacobs Family Trust and their consultants have turned that truth upside down. He said they want the Burwells, Kuhlmans, Nelsons and others to live with uncertainty. Mr. Dean said the time is now to vote on the 7 Lot subdivision and the 6 Lot subdivision and provide finality on those two subdivisions. He noted the neighbors hate it and Ms. Burwell should not have to hire an attorney. He gave a power-point presentation outlining the objections along with video clips of the August 17, 2020 and September 14, 2020 meetings. After audio difficulties, Mr. Dean asked the Council to go back after the presentation to consider comments by the Applicants and in a closed session go back and listen to those very audio clips so they have the benefit of a fresh recollection. Regarding one video clip, Mr. Dean noted Mr. Whitten talking about how the neighbors love the proposal; yet the Applicant only scheduled one meeting in mid- March with a little over one-week notice that no one was able to attend and they called it good because no one attended and voiced any objection. He said it is a shameful act by the Applicant to stand before the Council and say the neighbors are fine with it, when tonight three neighbors spoke and said they never agreed to it. He hopes this colors the view of everything the Applicant says going forward. Mr. Dean noted the Burwell property on screen and said somehow, they have lost sight that the Burwell residence is located on that singular lot. Staff and the developer have said they can draw a new ALS line down to 1125 Millston Road where the caretakers’ house is…but that is not the purpose of the ALS line; rather the ALS line is to protect the actual resident and there has been no consideration to Mrs. Burwell about her actual home. Mr. Dean said the biggest problem with the application is that they are trying to have too much density and they would have been far better off with 2-4 lots depending on configuration. However, this is not the neighbor’s problem, nor is it the Council’s job to come up with a plan that meets City ordinance or state law; it is the Applicants job. Mr. Dean noted Mr. Barnhart said previously that the ALS line was arbitrarily created or “manufactured” in order to have some buildable areas on Lots 1, 2 and 3. The standard for the ALS ordinance is not to arbitrarily set or manufacture a line. This 7 Lot development would require this City Council to ignore the problems with Lots 1, 2, 3 and 6 and possibly Lot 5. Mr. Dean said they would have to overlook 4 lots that would require variances and that is not fair. 6 6 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 26, 2020 6:00 o’clock p.m. _____________________________________________________________________________________ Page 5 of 7 He asked the Council to keep in mind the proposed ALS (Line B) on the north side is also a manufactured line...now there are two manufactured ALS lines to try and fit a 7 Lot development on a parcel that is not big enough. Mr. Dean noted the Applicant met with Ms. Burwell one day after they submitted the new proposal and did not disclose their intentions; now they want the Council to allow them to sanitize their actions, pull it back and have no vote. He showed an aerial photo on screen and said the top ALS line stops on the Burwell property at an unoccupied accessory garage building. He gave the City Attorney the ordinances regarding principal versus accessory structure and also spoke about the road plans. He said there is a requirement for 10-days’ notice under MN Statute 462.358 subdivision 3B; it was not published in the newspaper or provided to any neighbors. Mr. Dean showed an aerial on screen with a blue line which noted the definition of the ALS which would extend to Ms. Burwell’s home. He hopes the Council takes time to listen to the developer and the video clips and come back tonight with a vote. Pat Steinhoff, a lawyer from the law firm Malkerson, Gunn, Martin, representing the Applicant, noted he thought they would be talking about the request to table and did not realize they would discuss the application itself. He said if the Council is not going to table, he asks that they allow Mr. Whitten and the Applicant to make their presentation on the application. Mayor Walsh said because the Applicant has requested to table; from the Council’s perspective they will table it. However, because others were present at the meeting, he wanted to give them the opportunity to speak. He noted City Attorney Mattick would also address some of the legal arguments. Mr. Steinhoff said the reason the Applicant decided to table is because the application has been in front of the City since March with multiple Planning Commission and City Council meetings. One hour before arriving tonight, they received a 10-page letter from Mr. Dean and it is impossible to thoughtfully respond to everything in the letter, which it what they want to do. Therefore, they immediately contacted City Staff to ask that the application be tabled so they can respond in a thoughtful manner to all the things Ms. Burwell and Mr. Dean have said. He said the reason there are two alternative plans is in previous meetings there were many objections to the ALS, so the intent of the alternative concept plan was to respond to those objections by presenting a plan that put all the lots behind the ALS. Attorney Mattick said he also received Mr. Dean’s letter earlier that afternoon and has a chance to read it, but would like the opportunity to provide the Council with his thoughts on the arguments that Mr. Dean raises. In fairness, before the Council votes on the merits of the application, Attorney Mattick would like to address those comments. Mattick understands that the Applicant would also like the opportunity to submit their thoughts on the items raised. If Mr. Steinhoff can give a date that his memo will be prepared, the City can then take all of the information, respond to it and allow the Council to make a meaningful decision. Mr. Mattick also noted there was discussion about lack of notice and neighbors having to scour the internet for information and he said that is an incredibly fair request and it might make sense to table the discussion to a date-certain so people know when that meeting would happen. The Applicant has provided the City a 60-day extension. Walsh motioned, Crosby seconded, to table LA19-000048 1700 Shoreline Drive until December 7, 2020. VOTE: Ayes 4, Nays 0. MAYOR/COUNCIL REPORT Johnson had nothing to report. 7 7 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 26, 2020 6:00 o’clock p.m. _____________________________________________________________________________________ Page 6 of 7 Crosby thanked the Citizens that showed up last week to show support for the Police Department, Fire Fighters and Public Works. Seals had nothing to report. Walsh said everyone should remember that the following morning October 27, 2020 through the following Monday November 2, 2020 at 5:00 p.m., people can come in, complete their ballot and scan it in the Council Chambers. On Tuesday November 3, people will need to go to their official polling place. He noted Anoka-Hennepin school district has gone to online learning and has cancelled all sports as of November 2, 2020 which is a bad omen and very sad. He is hopeful that Orono districts stay safe and numbers stay low. Walsh noted Hennepin County is at 0% property tax increase but they cut a ton of stuff and will have some issues going forward. CITY ADMINISTRATOR REPORT 9. NAME MAGGIE UNG ACTING FINANCE DIRECTOR Rief noted the Finance Director is out on medical leave and will not be back to a full-time capacity until after the first of the year. Rief recommended appointing Maggie Ung as Acting Finance Director, which is in alignment with the Local 12 agreement. Crosby moved, Johnson seconded, to name Maggie Ung as Acting Finance Director effective October 22, 2020. VOTE: Ayes 4, Nays 0. 10. CONSULTING BUILDING SERVICES REQUEST FOR PROPOSAL (RFP) Rief noted this is in response to the recent realignment of the services provided by the City’s building official. Currently the building inspection services is provided by West Metro and was not part of Resolution 6586 which puts it on a 5-year rotation and the agreement has been in place since 2014. Because the City already has a relationship with them and needs to continue services, there was a special meeting last week continuing it. This RFP is for proposed long-term services in that capacity. Johnson would like to add himself to the committee and help with the search. He noted in reading the RFP, it is included that this position will also being doing inspections and code enforcement inspections, and they have already been outsourcing some code enforcement inspections. He asked if the current vendor is included or broken out separately. Barnhart said West Metro bills Orono for all of the monthly inspections and he breaks out how many hours of those inspections are related to code enforcement. Johnson would like to go back 12 months and identify how much has already been outsourced for code enforcement as this position doesn’t distinguish between what they have already outsourced and what is new. As demand goes up or down, the City should only be paying for what they are using, and they don’t want to eliminate vendors as there could be a two-tier approach. Rief asked if Johnson was suggesting an alternate component, such as doing all inspection-type services and then the code enforcement is an alternate. 8 8 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 26, 2020 6:00 o’clock p.m. _____________________________________________________________________________________ Page 7 of 7 Johnson replied yes, that is what he was thinking. He asked if they need to vote on the RFP or if they can table it. Walsh thinks they can approve RFP services subject to a final draft that they can work with Barnhart on. Barnhart clarified he will not be advertising anything until the Council approves the final draft. Seals asked if there was a reason this wasn’t included in the RFP schedule. Walsh said he thinks it slipped under the cracks. Rief noted this was also before he and Barnhart worked for the City. His recommendation is that whenever they appoint that service provider, they will adopt a new resolution to extend that timeline as they are almost halfway through it. Walsh moved, Seals seconded, to accept Request for Proposal for services subject to a final draft that will come to the City Council at the next meeting. VOTE: Ayes 4, Nays 0. CITY ATTORNEY REPORT Attorney Mattick had nothing to report. ADJOURNMENT Walsh moved, Crosby seconded, to adjourn the meeting at 7:24 p.m. VOTE: Ayes 4, Nays 0. CLOSED SESSION Walsh moved, Crosby seconded to enter into closed session at 7:24 p.m. as permitted by §13D.05, Subd. 3(a), to evaluate the performance of the City Administrator, Dustin Rief. VOTE: Ayes 4, Nays 0. Walsh moved, Johnson seconded to open the meeting at 8:20 p.m. VOTE: Ayes 4, Nays 0. ADJUOURNMENT Walsh moved, Johnson seconded to adjourn the meeting at 8:20 p.m. VOTE: Ayes 4, Nays 0. ATTEST: _____________________________________ _______________________________________ Anna Carlson, City Clerk Dennis Walsh, Mayor 9 9 Orono City Council Work Session Minutes Monday, October 26, 2020 Council Chambers 5:00 p.m. PRESENT: Mayor Dennis Walsh, Council Members Richard F. Crosby II, Victoria Seals, and Matt Johnson. Staff members present were City Administrator Dustin Rief, Public Works Director/City Engineer Adam Edwards, Finance Director Ron Olson, and City Clerk Anna Carlson. 1. 2021 CIP Discussion a. Water b. Sewer Public Works Director/City Engineer Adam Edwards presented the CIP funding tables and packet to the City Council. Edwards provided a brief overview of the projects shown on the CIP for both Water and Sewer. A scope of each project was presented to the City Council. 2. 2021 Police CIP Discussion Police Chief Correy Farniok presented the 2021 Police CIP to the City Council. Farniok noted body cameras have been becoming popular. The department would like to implement body cameras around spring 2021. He recommended that a policy and committee be put together to bring this forward. Farniok presented approximate costs to be expected to bring forward body cameras. The only controversial issue for body cameras may be the review of the footage. A committee and policy should be put in place so that issues or concerns can be addressed and combed out prior to implementation. 3. Utility Rate Study Accountant Maggie Ung gave an update of the Utility Rate Study. Ung gave the Council an Option to have a 10% increase to be followed with a 3% increase annually after that or the second option was to have a 15% increase now to be followed with a 2% increase annually after that. The Council favored the option with a 10% increase. Discussion followed and the Council noted that communications could be better about the increases that have already taken place for utilities and added that they should be improved for those that will take place in the future. The Council would like there to be more communication about water meters as well. Meeting Adjourned: 5:55 p.m. CITY OF ORONO: ATTEST: ________________________________ Dennis Walsh, Mayor _________________________________ Anna Carlson, City Clerk 10 10 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 26, 2020 6:00 o’clock p.m. _____________________________________________________________________________________ Page 1 of 1 ROLL CALL The Orono City Council met on the above-mentioned date with the following members present: Mayor Dennis Walsh, City Council Members Matt Johnson, and Aaron Printup. Council Members Victoria Seals and Richard F. Crosby II were absent. Representing Staff were City Attorney Soren Mattick, Community Development Director Jeremy Barnhart, and City Administrator Dustin Rief. Mayor Walsh called the meeting to order at 8:30 a.m., followed by the Pledge of Allegiance. APPROVAL OF AGENDA 1. Appointment of Interim Building Official Barnhart presented to the City Council the resolution to appoint an interim Building Official to allow Staff to resume building inspections and to prepare a Request for Proposal for Building Inspections services. Walsh moved, Johnson seconded, to approve the Consent Agenda as revised. VOTE: Ayes 3, Nays 0. ADJOURNMENT Walsh moved, Printup seconded, to adjourn the meeting at 8:32 a.m. VOTE: Ayes 3, Nays 0. ATTEST: _____________________________________ _______________________________________ Anna Carlson, City Clerk Dennis Walsh, Mayor 11 11 AGENDA ITEM Prepared By: MLU Reviewed By: MLU Approved By: DJR 1. Purpose. The purpose of this action item is to approve payment of claims made on the City for services and/or products provided to the City. 2. Background. The attached claims for payment have been received by the City. Staff has reviewed the claims and is recommending approval of the listing for payment. The claims will be paid by checks 115099 to 115177, totaling $454,509.34. 3. Noteworthy Payments. Vendor Amount Description of Payment #115114 Blackstone Contractors $15,878.55 Second payment for East Long Lake Trail project #115130 Diamond Mowers Inc $83,496.00 Purchase of attachments for Tractor #450. #115140 Hollywood Pyrotechnics $3,300.00 Down payment for the Tree Lighting Ceremony in December. #115142 John Deere $67,981.68 Payment for the replacement of Tractor #450 used to mow vegetation in right-of-ways and parks. 4. Staff Recommendation. Staff recommends approval of a motion authorizing payment to the claims list as presented. COUNCIL ACTION REQUESTED Motion to approve the claims list as presented. Exhibits A. Check Register Item No.: 4 Date: November 9, 2020 Item Description: Claims/Bills Presenter: Maggie Ung Accountant Agenda Section: Consent Agenda 12 12 City of Orono Check Register - COUNCIL REPORT Page: 1 Check Issue Dates: 10/27/2020 - 11/9/2020 Nov 05, 2020 01:22PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount JJ TAYLOR DIST LF MN 11/02/2020 114965 3088565 101-45210-091 BEER FOR RESALE-GC Golf Course 333.90- Total 114965:333.90- PUBLIC EMPLOYEES RETIREM 10/30/2020 115099 102220 101-21704 PERA 9/21/20-10/4/20 113.98 PUBLIC EMPLOYEES RETIREM 10/30/2020 115099 102220 101-21704 PERA 10/5/20-10/18/20 37,135.75 Total 115099:37,249.73 UNITED STATES POSTAL SERVI 10/30/2020 115100 103020 651-49910-322 10/20 UTILITY BILLS Storm Water 224.93 UNITED STATES POSTAL SERVI 10/30/2020 115100 103020 601-49400-322 10/20 UTILITY BILLS Water 224.93 UNITED STATES POSTAL SERVI 10/30/2020 115100 103020 602-49450-322 10/20 UTILITY BILLS Sewer 224.94 Total 115100:674.80 JJ TAYLOR DIST LF MN 11/02/2020 115101 3088565 101-45210-091 BEER FOR RESALE-GC Golf Course 333.90 Total 115101:333.90 City of Wayzata\DMV 11/05/2020 115102 110520 231-45650-441 FORFEITURE 2008 SATURN 27.00 Total 115102:27.00 A 1 ELECTRIC SERVICE OF WA 11/09/2020 115103 22388 602-49450-406 LS#1 GENERATOR Sewer 900.13 Total 115103:900.13 A 1 RENTAL 11/09/2020 115104 152282 101-45200-415 TEE BOX / NURSERY CONSTRUCTION Parks 295.90 A 1 RENTAL 11/09/2020 115104 152334 101-45200-415 TEE BOX / NURSERY CONSTRUCTION Parks 422.17 Total 115104:718.07 ABDO EICK & MEYERS LLP 11/09/2020 115105 436003 101-41500-301 FINANCE ASSISTANCE Finance Department 2,945.00 Total 115105:2,945.00 ADVANCED IMAGING SOLUTIO 11/09/2020 115106 427397799 710-49970-413 PW COPIER LEASE 10/20/20-11/20/20 121.76 Total 115106:121.76 13 13 City of Orono Check Register - COUNCIL REPORT Page: 2 Check Issue Dates: 10/27/2020 - 11/9/2020 Nov 05, 2020 01:22PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount AIRDATA UAV INC 11/09/2020 115107 219936-2020 101-42110-437 DRONE FLIGHT LOGS Police Department 260.00 Total 115107:260.00 ALLSTREAM 11/09/2020 115108 17134485 101-45210-321 PHONE SERVICE 10/23-11/22/20 Golf Course 52.06 ALLSTREAM 11/09/2020 115108 17134485 101-42110-321 PHONE SERVICE 10/23-11/22/20 Police Department 312.35 ALLSTREAM 11/09/2020 115108 17134485 101-41900-321 PHONE SERVICE 10/23-11/22/20 Central Services 437.29 Total 115108:801.70 ANNE HENTGES 11/09/2020 115109 102620 101-41300-489 SYMPATHY CARDS - 2 EMPLOYEES Administration 6.44 Total 115109:6.44 APPLIED CONCEPTS INC 11/09/2020 115110 374204 101-42110-221 EQUIPMENT REPAIR Police Department 225.00 Total 115110:225.00 APPRIZE TECHNOLOGY SOLUT 11/09/2020 115111 2002010202 101-41900-319 ADMINISTRATIVE FEE 10/20 Central Services 567.00 Total 115111:567.00 Aspen Mills 11/09/2020 115112 263609 101-42110-226 UNIFORMS Police Department 159.17 Total 115112:159.17 Batteries + Bulbs 11/09/2020 115113 P30586290 602-49450-227 LS#15 BATTERY Sewer 25.19 Batteries + Bulbs 11/09/2020 115113 P31888179 602-49450-227 BATTERIES Sewer 25.19 Total 115113:50.38 Blackstone Contractors LLC 11/09/2020 115114 ELLT2 225-16500 20-029 EAST LONG LAKE TRAIL 693.65 Blackstone Contractors LLC 11/09/2020 115114 ELLT2 225-45200-530 20-029 EAST LONG LAKE TRAIL 152,878.55 Total 115114:153,572.20 BOLTON & MENK INC.11/09/2020 115115 0257882 225-45200-530 BIG ISLAND IMPROVEMENT PHASE 1 19-033 3,436.50 BOLTON & MENK INC.11/09/2020 115115 0257889 710-49970-401 CITIZEN PROBLEM REPORTER 517.50 14 14 City of Orono Check Register - COUNCIL REPORT Page: 3 Check Issue Dates: 10/27/2020 - 11/9/2020 Nov 05, 2020 01:22PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 115115:3,954.00 CARDMEMBER SERVICE 11/09/2020 115116 101720 101-42110-240 GYM EQUIPMENT - BARBELL & STORAGE Police Department 231.58 CARDMEMBER SERVICE 11/09/2020 115116 102020-3 101-42110-201 DVD'S FOR RECORDING Police Department 116.12 CARDMEMBER SERVICE 11/09/2020 115116 102220 101-42110-321 DICTATION APP-WITTKE Police Department 10.74 CARDMEMBER SERVICE 11/09/2020 115116 102220-1 101-41110-439 LUNCH MEETING WITH COUNCIL MEMBER Mayor & Council 22.31 CARDMEMBER SERVICE 11/09/2020 115116 102220-2 101-42110-437 DMT RECERTIFICATION - KIRSCHNER Police Department 75.00 CARDMEMBER SERVICE 11/09/2020 115116 102220-3 101-42110-437 DMT RECERTIFICATION - J. WITTKE Police Department 75.00 CARDMEMBER SERVICE 11/09/2020 115116 102320 601-49400-489 UNIT #711 PARTS - TASK #49821 Water 44.19 CARDMEMBER SERVICE 11/09/2020 115116 102620 101-41300-489 CONDOLENCE FLOWERS - D. KLITZKE Administration 75.21 CARDMEMBER SERVICE 11/09/2020 115116 102620-1 101-42110-439 CAKE - SWEARING IN CEREMONY Police Department 26.99 CARDMEMBER SERVICE 11/09/2020 115116 102820 238-39630 19-033 PLAQUE FOR DONTATED SITTING STON 99.83 CARDMEMBER SERVICE 11/09/2020 115116 102920 101-42110-221 UAV PARTS Police Department 61.43 CARDMEMBER SERVICE 11/09/2020 115116 103020 101-42110-437 FAA EXAM - HWAY Police Department 160.00 CARDMEMBER SERVICE 11/09/2020 115116 110220 101-42110-437 UAV TRAINING Police Department 20.00 Total 115116:1,018.40 CECE S SIGNS 11/09/2020 115117 8500 602-49450-227 LS#29 PLACARD Sewer 60.00 Total 115117:60.00 CENTERPOINT ENERGY MAIN 11/09/2020 115118 102320 602-49450-381 1302 SHORELINE - GAS 9/20 -10/21/20 Sewer 21.68 CENTERPOINT ENERGY MAIN 11/09/2020 115118 102920 601-49400-381 GAS SERVICE 09/22/20-10/21/20 Water 585.63 CENTERPOINT ENERGY MAIN 11/09/2020 115118 102920 602-49450-381 GAS SERVICE 09/22/20-10/21/20 Sewer 385.92 Total 115118:993.23 Century Link 11/09/2020 115119 101920 101-45210-321 GC PHONE/INTERNET 10/19-11/18/20 Golf Course 232.54 Total 115119:232.54 CINTAS CORPORATION 11/09/2020 115120 4056963622 101-43000-221 SHOP TOWELS Public Works Department 3.50 CINTAS CORPORATION 11/09/2020 115120 4056963622 101-43000-226 UNIFORMS Public Works Department 274.50 CINTAS CORPORATION 11/09/2020 115120 406066975 101-43000-221 SHOP TOWELS Public Works Department 3.50 CINTAS CORPORATION 11/09/2020 115120 406066975 101-43000-226 UNIFORMS Public Works Department 46.86 CINTAS CORPORATION 11/09/2020 115120 4063374003 101-45210-319 GOLF MAT SERVICE Golf Course 23.50 CINTAS CORPORATION 11/09/2020 115120 4064715894 101-43000-221 SHOP TOWELS Public Works Department 3.50 CINTAS CORPORATION 11/09/2020 115120 4064715894 101-43000-226 UNIFORMS Public Works Department 46.86 15 15 City of Orono Check Register - COUNCIL REPORT Page: 4 Check Issue Dates: 10/27/2020 - 11/9/2020 Nov 05, 2020 01:22PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount CINTAS CORPORATION 11/09/2020 115120 4065422293 101-43000-221 SHOP TOWELS Public Works Department 3.50 CINTAS CORPORATION 11/09/2020 115120 4065422293 101-43000-226 UNIFORMS Public Works Department 46.86 CINTAS CORPORATION 11/09/2020 115120 4065925511 101-41900-401 MAT SERVICE - COUNCIL CHAMBERS Central Services 25.92 CINTAS CORPORATION 11/09/2020 115120 4065925616 101-41900-404 MATS/AIR SERVICE - CITY HALL Central Services 21.92 CINTAS CORPORATION 11/09/2020 115120 4066066975 101-43000-221 SHOP TOWELS Public Works Department 3.50 CINTAS CORPORATION 11/09/2020 115120 4066066975 101-43000-226 UNIFORMS Public Works Department 46.86 CINTAS CORPORATION 11/09/2020 115120 9104950350 101-43000-226 UNIFORM Public Works Department 219.75- Total 115120:331.03 CITY OF LONG LAKE 11/09/2020 115121 00201493 601-49400-387 2ND QTR 2020 WATER SERVICE Water 3,645.50 CITY OF LONG LAKE 11/09/2020 115121 00201493 602-49450-387 2ND QTR 2020 SEWER SERVICE Sewer 1,898.12 CITY OF LONG LAKE 11/09/2020 115121 00201501 601-49400-387 3RD QTR 2020 WATER SERVICE Water 4,831.44 CITY OF LONG LAKE 11/09/2020 115121 00201501 602-49450-387 3RD QTR 2020 SEWER SERVICE Sewer 2,240.33 CITY OF LONG LAKE 11/09/2020 115121 00201504 602-49450-387 OLIVER HILL SEWER SERVICE 2017-1ST QTR 20 Sewer 1,881.92 CITY OF LONG LAKE 11/09/2020 115121 00201504 101-20808 2340 OLIVER HILL SEWER CONNECT 1,800.00 CITY OF LONG LAKE 11/09/2020 115121 00201504 602-49450-489 2345 OLIVER HILL SEWER CONNECT Sewer 1,800.00 Total 115121:18,097.31 City of Orono Utilities 11/09/2020 115122 102720 CH P 101-41900-382 OCTOBER 2020 UB - CH Central Services 76.09 City of Orono Utilities 11/09/2020 115122 102720 CH P 101-42110-382 OCTOBER 2020 UB - PD Police Department 76.09 City of Orono Utilities 11/09/2020 115122 102720 PO 101-41900-382 OCTOBER 2020 UB - PO Central Services 78.14 City of Orono Utilities 11/09/2020 115122 102720 PW 101-41900-382 OCTOBER 2020 UB - PW Central Services 171.05 City of Orono Utilities 11/09/2020 115122 102720 WP 601-49400-382 OCTOBER 2020 UB - WATER PLANT Water 133.58 Total 115122:534.95 CITY OF WAYZATA 11/09/2020 115123 103120 601-49400-387 OCTOBER 2020 WATER Water 1,992.85 CITY OF WAYZATA 11/09/2020 115123 103120 602-49450-387 OCTOBER 2020 SEWER Sewer 3,843.10 Total 115123:5,835.95 COMMERCIAL ASPHALT 11/09/2020 115124 201015 101-43000-224 BLACKTOP FOR PATCHING Public Works Department 322.09 Total 115124:322.09 COMPASS MGMT GROUP 11/09/2020 115125 110220 999-10015 UB REFUND 3753 LIVINGSTON CT 681.15 16 16 City of Orono Check Register - COUNCIL REPORT Page: 5 Check Issue Dates: 10/27/2020 - 11/9/2020 Nov 05, 2020 01:22PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 115125:681.15 COMPASS MINERALS AMERICA 11/09/2020 115126 695139 101-43000-224 NON-TREATED ROAD SALT Public Works Department 6,624.49 Total 115126:6,624.49 CORE & MAIN 11/09/2020 115127 N192057 601-49400-227 GASKET FOR MIDDLE SCHOOL METER Water 24.70 Total 115127:24.70 Crow River Farm Equipment & Mf 11/09/2020 115128 198853 701-49800-221 BOLTS AND WRENCHS FOR PLOW TRUCKS 112.52 Total 115128:112.52 DALCO 11/09/2020 115129 1029062 101-41900-221 CLEANING MACHINE - COVID 19 (CARES ACT) Central Services 4,170.16 Total 115129:4,170.16 DIAMOND MOWERS INC. 11/09/2020 115130 0187552-IN 405-48500-580 TRACTOR #450 ATTACHMENTS 83,496.00 Total 115130:83,496.00 DPC INDUSTRIES 11/09/2020 115131 DE82000132 601-49400-216 CHLORINE Water 10.00 Total 115131:10.00 EARL F ANDERSON & ASSOC 11/09/2020 115132 0124913-IN 101-45200-223 SIGNS Parks 129.30 Total 115132:129.30 ECM PUBLISHERS INC 11/09/2020 115133 802935 101-42400-340 NOVEMBER PH Building & Zoning 41.72 Total 115133:41.72 Emergency Medical Products Inc 11/09/2020 115134 2204065-1 101-42110-221 SQUAD MEDICAL SUPPLIES Police Department 10.50 Total 115134:10.50 FASTENAL 11/09/2020 115135 MNPLY1259 101-43000-224 NUTS & BOLTS Public Works Department 99.24 17 17 City of Orono Check Register - COUNCIL REPORT Page: 6 Check Issue Dates: 10/27/2020 - 11/9/2020 Nov 05, 2020 01:22PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount FASTENAL 11/09/2020 115135 MNPLY1259 701-49800-240 DRILL BIT SET AND REPLACEMENTS 203.30 Total 115135:302.54 FERGUSON WATERWORKS #25 11/09/2020 115136 046515 601-49400-227 METERS Water 7,203.60 Total 115136:7,203.60 GENUINE PARTS COMPANY/NA 11/09/2020 115137 3270-488578 701-49800-221 ALTERNATOR 63.99 GENUINE PARTS COMPANY/NA 11/09/2020 115137 3270-490009 701-49800-221 ALTERNATOR - JET TRUCK PUMP MOTOR 290.96 GENUINE PARTS COMPANY/NA 11/09/2020 115137 3270-490179 701-49800-222 OIL FILTER 14.28 Total 115137:369.23 GLEYSTEEN, MICHAEL & CYNT 11/09/2020 115138 110220 999-10015 UB REFUND 2474 SANDSTONE LN 50.07 Total 115138:50.07 GOPHER ACE 11/09/2020 115139 3541/1 101-45200-223 TARP TO HAUL TREES FROM HC Parks 73.98 GOPHER ACE 11/09/2020 115139 3548/1 101-45200-223 TARP TO HAUL TREES FROM HC Parks 31.99- GOPHER ACE 11/09/2020 115139 3553/1 601-49400-240 SIDEWALK PATCH AROUND VALVE Water 9.18 GOPHER ACE 11/09/2020 115139 3730/1 101-42110-240 MINOR EQUIPMENT Police Department 12.99 GOPHER ACE 11/09/2020 115139 3793/1 601-49400-227 HEATER - NORTH WATER TOWER Water 56.98 GOPHER ACE 11/09/2020 115139 3815/1 101-41900-401 FLAG POLE REPAIR COUNCIL CHAMBERS Central Services 2.59 Total 115139:123.73 HOLLYWOOD PYROTECHNICS I 11/09/2020 115140 12052020 101-43290-800 HOLIDAY TREELIGHTING FIREWORKS Special Projects-Contingencies 3,300.00 Total 115140:3,300.00 IN CONTROL INC.11/09/2020 115141 20050NC01 601-49400-405 SCADA SERVICE Water 864.00 Total 115141:864.00 JOHN DEERE GOVERNMENT S 11/09/2020 115142 116980646 405-48500-580 ROW MOWING TRACTOR #450 67,981.68 Total 115142:67,981.68 JR'S ADVANCED RECYCLERS 11/09/2020 115143 102513 603-49500-442 FALL CLEAN UP 246.00 18 18 City of Orono Check Register - COUNCIL REPORT Page: 7 Check Issue Dates: 10/27/2020 - 11/9/2020 Nov 05, 2020 01:22PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 115143:246.00 KYLE KIRSCHNER 11/09/2020 115144 102320 101-42110-317 ANIMAL CARE Police Department 191.14 Total 115144:191.14 LEOWEBPROTECT.com 11/09/2020 115145 2792 101-42110-433 MONTHLY SUBSCRIPTION Police Department 143.06 Total 115145:143.06 LOGIS 11/09/2020 115146 49433 710-49970-311 HOSTED SERVERS 11/20 1,093.00 LOGIS 11/09/2020 115146 49433 101-42110-310 POLICE RECORDS 11/20 Police Department 7,305.00 LOGIS 11/09/2020 115146 49433 710-49970-329 INTERNET 11/20 509.00 LOGIS 11/09/2020 115146 49433 710-49970-311 HOSTED COMPLIANCE ARCHIVE 11/20 501.00 LOGIS 11/09/2020 115146 49433 710-49970-329 BACKUPS 11/20 804.00 LOGIS 11/09/2020 115146 49494 710-49970-401 NETWORK SUPPORT 9/24-10/13/20 812.50 LOGIS 11/09/2020 115146 49538 710-49970-221 ENTRUST TOKEN - AUDITORS 15.00 Total 115146:11,039.50 MANSFIELD OIL COMPANY 11/09/2020 115147 22017231 101-42110-212 UNLEADED FUEL Police Department 1,504.63 MANSFIELD OIL COMPANY 11/09/2020 115147 22017245 101-42110-212 UNLEADED FUEL Police Department 1,342.18 Total 115147:2,846.81 METRO WEST INSPECTIONS S 11/09/2020 115148 2605 101-42400-310 INSPECTION SERVICES SEPTEMBER 2020 Building & Zoning 7,499.50 Total 115148:7,499.50 MINNEAPOLIS OXYGEN COMPA 11/09/2020 115149 00067318 101-43000-415 ACETYLENE, OXYGEN Public Works Department 30.69 MINNEAPOLIS OXYGEN COMPA 11/09/2020 115149 00067319 101-42110-221 MEDICAL OXYGEN Police Department 51.15 MINNEAPOLIS OXYGEN COMPA 11/09/2020 115149 00067320 101-42110-221 MEDICAL OXYGEN Police Department 7.13 Total 115149:88.97 MINT ROOFING 11/09/2020 115150 1268352 101-42110-404 ROOF REPAIRS Police Department 3,974.00 Total 115150:3,974.00 19 19 City of Orono Check Register - COUNCIL REPORT Page: 8 Check Issue Dates: 10/27/2020 - 11/9/2020 Nov 05, 2020 01:22PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount MN DEPT OF AGRICULTURE 11/09/2020 115151 20107415-20 101-43000-433 TREE CARE REGISTRY DJ GOMAN-20107415-JA Public Works Department 25.00 Total 115151:25.00 MN DEPT OF PUBLIC SAFETY 11/09/2020 115152 18397 101-45210-489 GOLF BUYERS CARD Golf Course 20.00 Total 115152:20.00 MTI DISTRIBUTING INC 11/09/2020 115153 1282801-00 101-45210-404 GOLF IRRIGATION WINTERIZATION Golf Course 907.46 Total 115153:907.46 NAVARRE HARDWARE 11/09/2020 115154 103120 ACC 101-42110-240 MISC SUPPLIES Police Department 5.97- NAVARRE HARDWARE 11/09/2020 115154 327578 601-49400-227 CURB STOP EXTENSIONS Water 10.99 NAVARRE HARDWARE 11/09/2020 115154 327604 601-49400-227 MIDDLE SCHOOL METER CHANGEOUT Water 46.16 NAVARRE HARDWARE 11/09/2020 115154 327634 601-49400-489 SHIPPING Water 34.73 NAVARRE HARDWARE 11/09/2020 115154 327742 601-49400-489 SHIPPING Water 11.38 NAVARRE HARDWARE 11/09/2020 115154 327819 101-45210-223 GOLF IRRIGATION ANTIFREEZE Golf Course 5.98 Total 115154:103.27 NCPERS GROUP LIFE INS. 11/09/2020 115155 67320011202 101-21710 PERA LIFE 11/2020 384.00 Total 115155:384.00 Newegg Business Inc 11/09/2020 115156 1302982750 710-49970-575 SPARE MONITORS 199.98 Newegg Business Inc 11/09/2020 115156 1302983023 710-49970-575 UPS BATTERY - COUNCIL CHMABERS 158.18 Total 115156:358.16 NORLINGS 11/09/2020 115157 37428 101-45200-404 LIVINGSTON PARK MAINTENANCE Parks 424.00 NORLINGS 11/09/2020 115157 37524 101-45200-404 BEDERWOOD PARK PROJECTS Parks 5,892.00 Total 115157:6,316.00 OFFICE DEPOT 11/09/2020 115158 1309636490 101-41900-201 OFFICE SUPPLIES Central Services 158.46 OFFICE DEPOT 11/09/2020 115158 1309658010 101-41900-201 OFFICE SUPPLIES Central Services 202.36 OFFICE DEPOT 11/09/2020 115158 1309658020 710-49970-221 USB 69.99 OFFICE DEPOT 11/09/2020 115158 1309658140 101-41900-201 OFFICE SUPPLIES Central Services 20.84 OFFICE DEPOT 11/09/2020 115158 1309733180 101-41900-201 OFFICE SUPPLIES Central Services 3.59- 20 20 City of Orono Check Register - COUNCIL REPORT Page: 9 Check Issue Dates: 10/27/2020 - 11/9/2020 Nov 05, 2020 01:22PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount OFFICE DEPOT 11/09/2020 115158 1320380650 101-42110-201 OFFICE SUPPLIES Police Department 108.91 OFFICE DEPOT 11/09/2020 115158 1323741670 101-41900-201 TONER Central Services 104.44 OFFICE DEPOT 11/09/2020 115158 1323750290 101-41900-201 TONER Central Services 102.93 Total 115158:764.34 OPTUM 11/09/2020 115159 9412636 101-41900-319 HSA MAINTENANCE FEE 3RD QTR 2020 Central Services 215.75 Total 115159:215.75 OTTEN BROTHERS 11/09/2020 115160 1-1639954 101-45200-223 TREE FERTILIZER Parks 26.59 Total 115160:26.59 RANDYS ENVIRONMENTAL SER 11/09/2020 115161 October2020 101-41900-404 GARBAGE SERVICE - 10/2020 Central Services 837.50 RANDYS ENVIRONMENTAL SER 11/09/2020 115161 October2020 101-45200-404 GARBAGE SERVICE - 10/2020 Parks 559.66 RANDYS ENVIRONMENTAL SER 11/09/2020 115161 October2020 101-45210-404 GARBAGE SERVICE - 10/2020 Golf Course 118.42 RANDYS ENVIRONMENTAL SER 11/09/2020 115161 October2020 101-45220-404 GARBAGE SERVICE - 10/2020 Brush Site 36.31 Total 115161:1,551.89 Riverside Design 11/09/2020 115162 2200 101-45200-352 LURTON DOG PARK PASSES Parks 520.80 Total 115162:520.80 RYAN AUTO MALL 11/09/2020 115163 240692 101-42110-402 AUTO EQUIPMENT Police Department 163.10 Total 115163:163.10 SAFETY VEHICLE SOLUTIONS 11/09/2020 115164 2063 405-48500-580 TRACTOR #450 SAFETY LIGHTING 535.00 Total 115164:535.00 SiteOne Landscape Supply LLC 11/09/2020 115165 104448499-0 101-43000-224 SIDEWALK AND TRAIL MARKERS Public Works Department 153.68 SiteOne Landscape Supply LLC 11/09/2020 115165 104448499-0 101-45200-223 SIDEWALK AND TRAIL MARKERS Parks 153.69 Total 115165:307.37 SOUTH LAKE MINNETONKA PO 11/09/2020 115166 101520 101-43280-319 119 OT Special Services 973.33 SOUTH LAKE MINNETONKA PO 11/09/2020 115166 101520-1 101-42110-226 N95 MASKS Police Department 436.00 21 21 City of Orono Check Register - COUNCIL REPORT Page: 10 Check Issue Dates: 10/27/2020 - 11/9/2020 Nov 05, 2020 01:22PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 115166:1,409.33 St. Cyr Johnson Enterprises 11/09/2020 115167 15868-1-174 101-42110-226 UNIFORMS Police Department 330.25 Total 115167:330.25 TALLEN AND BAERTSCHI 11/09/2020 115168 102120 101-41600-306 PROSECUTION SERVICES-10/2020 Law/Legal Services 2,874.20 Total 115168:2,874.20 THE HOME DEPOT 11/09/2020 115169 4010204 701-49800-221 TOOLS FOR BUCKET TRUCK 314.61 Total 115169:314.61 TIM SONNEK 11/09/2020 115170 102220 101-42110-437 TRAINING Police Department 47.88 Total 115170:47.88 U.S. AutoForce 11/09/2020 115171 3461198 101-42110-402 AUTO TIRES Police Department 422.72 U.S. AutoForce 11/09/2020 115171 3530531 101-42110-402 AUTO TIRES Police Department 985.60 U.S. AutoForce 11/09/2020 115171 3530532 101-42110-402 AUTO EQUIPMENT Police Department 492.80 Total 115171:1,901.12 ULINE 11/09/2020 115172 125454243 101-42110-240 MISC SUPPLIES Police Department 211.14 Total 115172:211.14 US Bank Equipment Finance 11/09/2020 115173 427433826 710-49970-413 COPIERS 596.76 Total 115173:596.76 WAYZATA BAY CAR WASH 11/09/2020 115174 18603 101-42110-402 #260 CAR WASH Police Department 9.95 Total 115174:9.95 WILLIAMS TOWING 11/09/2020 115175 153860 231-45650-436 Forfeiture Towing Case #OR20008286 155.00 WILLIAMS TOWING 11/09/2020 115175 154181 101-42110-436 TOWING FEE CASE #20008238 Police Department 155.00 22 22 City of Orono Check Register - COUNCIL REPORT Page: 11 Check Issue Dates: 10/27/2020 - 11/9/2020 Nov 05, 2020 01:22PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 115175:310.00 WOLD ARCHITECTS INC 11/09/2020 115176 69190 240-25695-489 20-039 FRONT ENTRY REDESIGN 2,660.08 WOLD ARCHITECTS INC 11/09/2020 115176 69460 240-25695-489 20-039 FRONT ENTRY REDESIGN 432.43 Total 115176:3,092.51 XCEL ENERGY 11/09/2020 115177 705490864 101-45200-381 BEDERWOOD PARK 9/20/20-10/19/20 Parks 30.61 Total 115177:30.61 Grand Totals: 454,509.34 23 23 AGENDA ITEM Prepared By: AMC Reviewed By: AMC Approved By: 1. Purpose. The purpose of this action item is to approve the Tobacco License for C-Store Gas Station formerly known as Orono Station. 2. Background. The current Orono Station is changing ownership and the new owners have submitted an application for a Tobacco License. The applicant has provided all of the required documents for a Tobacco License. The new ownership will take place on November 11, 2020. 3. Staff Recommendation. Staff recommends approval of the Tobacco License for C-Store Gas Station starting November 11, 2020. COUNCIL ACTION REQUESTED Motion to approve the Tobacco License for C-Store Gas Station Fore November 11, 2020 to January 30, 2021. Exhibit A. Tobacco License for C-Store Gas Station. Reference A. C-Store Gas Station Tobacco License Application Item No.: 5 Date: November 9, 2020 Item Description: Approval of Tobacco License Presenter: Anna Carlson, City Clerk Agenda Section: Consent Agenda 24 24 City of Orono, 2750 Kelley Parkway, P.O. Box 66, Crystal Bay, MN 55323 Phone: 952-249-4600 / Fax: 952-249-4616 / www.ci.orono.mn.us State of Minnesota License No. 2020-07 County of Hennepin City of Orono Amount: $125.00 A license to sell tobacco and tobacco products and tobacco related devices at retail in the City of Orono in said county and state for the term of two months, beginning with the eleventh day of November and ending on the thirtieth day of January; subject to the laws of the State of Minnesota and the ordinances and regulations of said City of Orono pertaining thereto; is hereby granted to the following: Granted to: Patel P. Rajendra Business Name: C-Store Gas Station Business Address: 2160 Wayzata Blvd Long Lake, MN 55356 Business Description: Convenience Store Issued by authority of the City Council of the City of Orono, Minnesota on November 9, 2020. Attest: ____________________________________ ____________________________________ Anna Carlson, City Clerk Dennis Walsh Mayor License to Sell Tobacco at Retail 25 25 AGENDA ITEM Prepared By: MLU Reviewed By: DJR Approved By: DJR 1. Purpose. The purpose of this agenda item is to adopt a Resolution Certifying the Assessment Roll of the Carman Bay Lake Improvement District. 2. Background. On July 24th, 2017 the Orono City Council passed resolution number 6871, A Resolution Approving the Establishment of the Carman Bay Lake Improvement District. The district is required to hold an annual meeting in which it adopts an annual budget and a tax roll. On September 15, 2020 the district held its annual meeting and adopted its 2021 budget and tax roll. The district has forwarded the assessment roll to the City for certification to Hennepin County. 3. Staff Recommendation. Staff recommends the adoption of the attached resolution levying the Assessment Roll for the Carman Bay Lake Improvement District. COUNCIL ACTION REQUESTED Motion to adopt the Resolution Certifying the Assessment Roll of the Carman Bay Lake Improvement District. Exhibits A. Assessment Role B. Resolution C. Annual Meeting Notice D. Annual Meeting Minutes E. CBLID Budget Item No.: 6 Date: November 9, 2020 Item Description: Carman Bay Lake Improvement District Levy Presenter: Maggie Ung Accountant Agenda Section: City Administrator’s Report 26 26 City of Orono Special Assessment Certification Rolls Tax Assessment for 2021 Carman Bay Lake Improvement District Adopted at CBLID Annual Meeting September 15, 2020 House #Street PID Catagory Total Principal 2525 Kelly Ave 2011723110022 LS $300.00 2545 Kelly Ave 2011723110023 LS $300.00 3555 Frederick St 2011723120017 LS $300.00 3565 Frederick St 2011723120068 LS $300.00 3585 Frederick St 2011723120067 LS $300.00 2474 Carman St 2011723120027 LS $300.00 2480 Carman St 2011723120028 LS $300.00 2509 Kelly Ave 2011723120037 LS $300.00 2515 Kelly Ave 2011723120038 LS $300.00 2523 Kelly Ave 2011723120039 LS $300.00 2497 Kelly Ave 2011723120051 Cove $300.00 2499 Kelly Ave 2011723120052 Cove $300.00 2501 Kelly Ave 2011723120053 Cove $300.00 2503 Kelly Ave 2011723120054 Cove $300.00 2440 Carman St 2011723120058 Cove $300.00 2450 Carman St 2011723120059 Cove $300.00 2507 Kelly Ave 2011723120063 Cove $300.00 2414 Carman St 2011723120064 Cove $300.00 2490 Carman St 2011723120065 LS $300.00 2470 Carman St 2011723120066 LS $300.00 2697 Kelly Ave 2011723140007 Cove $300.00 2695 Kelly Ave 2011723140008 Cove $300.00 3225 Carman Rd 2011723140009 Cove $300.00 3245 Carman Rd 2011723140010 Cove $300.00 3265 Carman Rd 2011723140011 Cove $300.00 3275 Carman Rd 2011723140012 LS $300.00 3285 Carman Rd 2011723140013 LS $300.00 3295 Carman Rd 2011723140014 LS $300.00 3300 Carman Rd 2011723140015 LS $300.00 2565 Kelly Ave 2011723140019 LS $300.00 2585 Kelly Ave 2011723140020 LS $300.00 2587 Kelly Ave 2011723140021 LS $300.00 2605 Kelly Ave 2011723140022 LS $300.00 2655 Kelly Ave 2011723140025 LS $300.00 2625 Kelly Ave 2011723140026 LS $300.00 2500 Casco Point Rd 2011723210010 LS $300.00 2530 Casco Point Rd 2011723210014 LS $300.00 2528 Casco Point Rd 2011723210015 LS $300.00 2510 Casco Point Rd 2011723210016 LS $300.00 2520 Casco Point Rd 2011723210017 LS $300.00 2590 Casco Point Rd 2011723210034 LS $300.00 2480 Casco Point Rd 2011723210037 LS $300.00 2540 Casco Point Rd 2011723210038 LS $300.00 2660 Casco Point Rd 2011723240002 LS $300.00 2684 Casco Point Rd 2011723240003 LS $300.00 2726 Caroline Ave 2011723240005 LS $300.00 2691 Caroline Ave 2011723240025 LS $300.00 2690 Caroline Ave 2011723240033 LS $300.00 2696 Caroline Ave 2011723240034 LS $300.00 2618 Casco Point Rd 2011723240038 LS $300.00 2648 Casco Point Rd 2011723240039 LS $300.00 2732 Caroline Ave 2011723240041 LS $300.00 2600 Casco Point Rd 2011723240043 LS $300.00 2696 Ethel Ave 2011723240044 LS $300.00 2697 Ethel Ave 2011723240045 LS $300.00 2691 Ethel Ave 2011723240046 LS $300.00 2914 Casco Point Rd 2011723310031 Cove $300.00 2916 Casco Point Rd 2011723310032 Cove $300.00 2920 Casco Point Rd 2011723310033 Cove $300.00 2930 Casco Point Rd 2011723310034 Cove $300.00 1 27 27 2940 Casco Point Rd 2011723310035 Cove $300.00 2948 Casco Point Rd 2011723310036 Cove $300.00 2990 Casco Point Rd 2011723310038 Cove $300.00 3700 Casco Ave 2011723310040 LS $300.00 3630 Casco Ave 2011723310041 LS $300.00 3600 Casco Ave 2011723310042 LS $300.00 3650 Casco Ave 2011723310043 LS $300.00 2970 Casco Point Rd 2011723310060 Cove $300.00 2980 Casco Point Rd 2011723310061 Cove $300.00 3020 Casco Point Rd 2011723340025 Cove $300.00 3026 Casco Point Rd 2011723340026 Cove $300.00 3570 Ivy Pl 2011723420037 LS $300.00 3600 Ivy Pl 2011723420038 LS $300.00 3550 Ivy Pl 2011723420016 LS $300.00 3548 Ivy Pl 2011723420017 LS $300.00 3546 Ivy Pl 2011723420018 LS $300.00 3534 Ivy Pl 2011723420019 LS $300.00 3516 Ivy Pl 2011723420022 LS $300.00 3560 Ivy Pl 2011723420027 LS $300.00 3486 Ivy Pl 2011723420031 LS $300.00 3532 Ivy Pl 2011723420033 LS $300.00 3545 Ivy Pl 2011723420034 Cove $300.00 3535 Ivy Pl 2011723420035 Cove $300.00 3508 Ivy Pl 2011723420036 LS $300.00 3229B Casco Circle 2011723430003 LS $300.00 3229 Casco Circle 2011723430004 LS $300.00 3466 Ivy Pl 2011723430006 LS $300.00 3251 Casco Circle 2011723430007 LS $300.00 3249 Casco Circle 2011723430008 LS $300.00 3247 Casco Circle 2011723430009 LS $300.00 3243 Casco Circle 2011723430010 LS $300.00 3237 Casco Circle 2011723430013 LS $300.00 3235 Casco Circle 2011723430014 LS $300.00 3233 Casco Circle 2011723430015 LS $300.00 3231 Casco Circle 2011723430016 LS $300.00 3241 Casco Circle 2011723430050 LS $300.00 3034 Casco Point Rd 2011723430051 Cove $300.00 3030 Casco Point Rd 2011723430052 Cove $300.00 2702 Walters Port Ln 2111723230039 Cove $300.00 2701 Kelly Ave 2111723230040 Cove $300.00 2699 Kelly Ave 2111723230041 Cove $300.00 2703 Walters Port Ln 2111723230042 Cove $300.00 2705 Walters Port Ln 2111723230043 Cove $300.00 2707 Walters Port Ln 2111723230044 Cove $300.00 2710 Pence Ln 2111723230061 LS $300.00 2709 Walters Port Ln 2111723230060 LS $300.00 2791 Pheasant Rd 2111723320001 LS $300.00 2795 Pheasant Rd 2111723320002 LS $300.00 2799 Pheasant Rd 2111723320003 LS $300.00 2800 Pheasant Rd 2111723320004 LS $300.00 2789 Pheasant Rd 2111723320005 LS $300.00 2715 Pence Ln 2111723320007 LS $300.00 112 Properties Total $33600.00 2 28 28 3 29 29 4 30 30 5 31 31 6 32 32 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ A RESOLUTION CERTIFYING THE ASSESSMENT ROLL OF THE CARMAN BAY LAKE IMPROVEMENT DISTRICT Whereas, The Carman Bay Lake Improvement District has adopted its 2021 budget and tax levy; and Whereas, The district has forwarded the assessment roll to the City for approval; and Whereas, Hennepin County requires the City to approve the assessment roll for certification to the property tax rolls. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orono as follows: That the Hennepin County Special Assessment Division is hereby authorized to place the costs totaling $33,600, on the 2020 property tax rolls, payable in 2021. ADOPTED by the City Council of the City of Orono, Minnesota, this 9th day of November, 2020. ATTEST: _____________________________________ ______________________________ Anna Carlson, City Clerk Dennis Walsh, Mayor 33 33 -Public Notice Ad Proof- Ad ID: 1070116 Copy LIne: Annual Meeting PO Number: Start: 08/29/20 Stop: 08/29/2020 Total Cost: $26.99 # of Lines: 28 Total Depth: 3.111 # of Inser ts: 1 Ad Class: 155 Phone # (763) 691-6000 Email: publicnotice@ecm-inc.com Rep No: SW700 Date: 10/08/20 Account #: 480564 Customer: CARMAN BAY LAKE IMPROVEMENT Address: 3300 CARMAN RD EXCELSIOR Telephone: (612) 716-1932 Fax: This is the proof of your ad scheduled to run on the dates indicated below. Please proof read carefully if changes are needed, please contact us prior to deadline at Cambridge (763) 691-6000 or email at publicnotice@ecm-inc.com Ad Proof Enlarged Publications: Laker Pioneer Contract-Gross CARMAN BAY LAKE IMPROVEMENT DISTRICT NOTICE OF ANNUAL MEETING Notice is hereby given that the Carman Bay Lake Improvement District will hold their Annual Meet- ing Tuesday, September 15, 2020 at 6:00 p.m. as a virtual Zoom meeting. Link to join: https://us02web.zoom. us/j/2538538476 The proposed budget for 2020 will be discussed and voted upon. We also will be electing 3 board members for a 2 year term. The current 3 in- cum-bents have all agreed to serve another 2 year term if so elected. All members of the public are wel- come to attend. Anyone having questions relative to this meeting may contact Steve Niel-sen, Chair CBLID at (612) 716-1932 or info@ carmansbay.org Published in the Laker Pioneer August 29, 2020 1070116 34 34 1 10/9/2020 CARMAN BAY LAKE IMPROVEMENT DISTRICT ANNUAL MEETING Meeting Minutes Date: September 15, 2020 Place: Virtual Zoom Meeting (Due to COVID 19) Present: Board members Steve Nielsen, Kevin Kennefick, Mary Tucker, Mark Kieper, Ted Cha- lupsky, Mark Plewka and Dave Owen Absent: None Others attending: 3 Carman Bay residents. Next Meeting: TBD I. Call to Order Meeting was called to Order at 6:08 pm by Chairman Steve Nielsen. II. Establish Quorum A quorum was established. All 7 Board Members in attendance. III. Proof of Notice of Meeting Proof of Notice of Meeting established by Chair Nielsen. (Notice posted on Orono website and at two post offices, published in Laker/Pioneer newspaper, and a post card mailing to all bay residents). IV. Approval of Minutes Kennefick moved to approve the August 19, 2020 Special Meeting minutes, 2nd by Plewka. VOTE by the Board, Ayes 7, Nays 0. MOTION PASSES. V. Treasurer’s Report Treasurer Kennefick presented the 2020 budget, estimated expenses, and actual expenses for 2020 (see attached 2020 CBLID Treasurer’s Report.) The CBLID had a very successful year. We have not yet received our tax revenue for 2020 from the City of Orono. The first half payment to the CBLID is com- ing shortly, and the remainder is typically sent in December. The CBLID did receive a DNR Grant this year of $9135 to treat Eurasian Water Milfoil (milfoil) and Curly Leaf Pondweed (CLP). The grant and a reduced amount of milfoil to treat allow for a balance carryover of funds into 2021. We had a limited outbreak of milfoil in 2020, in fact the least milfoil in our bay that we have ever had. Discussion of the 2021 budget was deferred to the new business portion of the meeting. VI. Old Business A. CBLID web page established on City of Orono website: http://www.ci.orono.mn.us/423/Carman-Bay-Lake-Improvement-District-CBL 35 35 2 10/9/2020 Nielsen stated the City of Orono has been helpful supporting our website presence. He reviewed the Table of Contents page that is on the CBLID website. It is comprehensive and includes all key doc- uments, including our Bylaws, Annual Reports, Resolutions, and Board Meeting Minutes. All resi- dents are encouraged to look at the website. B. Handout for CBLID residents summarizing the responsibilities of the CBLID. Nielsen introduced a document that Mark Kieper developed, explaining that it is intended to answer frequently asked questions about what the CBLID can do and what homeowners can do regarding lakeshore weeds. Kieper then added more detail about what the CBLID can and cannot do, and what individual lakeshore owners can do to address nuisance weeds in front of their property. The Minnesota DNR has two programs for lake weeds, one for individual lakeshore owners, and another for the more public waters further from shore that the CBLID can treat. The lakeshore owner, with a permit, is allowed, in a small area around docks and swimming areas, to treat all vegetation, both invasive weeds and native nuisance weeds. The DNR website describes this program. The CBLID is only allowed to address and treat invasive species which currently include Eurasian Water Milfoil and Curly Leaf Pondweed. The document will soon be available on the CBLID website. VII. New Business A. 2020 Carman Bay treatment update Nielsen described the 2020 CBLID Bay treatment. The focus is only on Eurasian Water Milfoil (milfoil) and Curly Leaf Pondweed (CLP). The first step each year is a delineation survey of where the invasive weeds are. We then need approval of our treatment plan by the DNR and a permit to treat. The CLP survey is done early in May. This year CLP was found mostly on the west side of the bay, and in the coves on the west, east and north sides. This pattern was very similar to 2019 – in fact, it has been pretty much the same since 2017. CLP was treated in late May, and the treatment was very successful. We have been told that 7 consecutive years of treatment (3 more years) may wipe it out. The milfoil survey is done later, in June, because the milfoil plants start growing later. In 2019 we had an explosion of milfoil all over the bay, with 37 acres treated. 2020 was a stark contrast from last year, with very little milfoil except in the coves. Fewer than 7 acres were treated this year. Two chemicals were used. Diquat is a broad spectrum herbicide while ProcellaCor is a focused herbicide that is specific for milfoil, but is 10 times more expensive. It is used sparingly in isolated locations to keep the costs down. ProcellaCor is more powerful, and the manufacturer guarantees that after 3 years of use in an area of over 10 acres, there will be no milfoil. This year the milfoil treatment was on July 15, later than we prefer. We want to treat before July 4, but this year the mil- foil was slow starting, and weather conditions also were not conducive to earlier treatment. Each year in September we have a Point Intercept Survey done to determine the effectiveness of the milfoil treatment. There were small, isolated pockets of milfoil left. The survey showed there was 11% occurrence (i.e., 89% reduction) of milfoil left after the treatment, which is pretty good. Our goal is to be at 20% or less. B. Proposed 2021 budget Treasurer Kennefick presented the budget for 2021 (see attached 2021 CBLID Budget Report). 36 36 3 10/9/2020 The budget for treatment is similar to what we budgeted for this year in 2020, but with this year’s DNR Grant we spent less of our funds, which gives us a nice opportunity to carry over funds into next year. There may be DNR grants next year, and we will apply for them if they are available. For Curly Leaf Pondweed we expect about the same treatment as this year. With milfoil we in- creased the budget for 2021, as treatment may return to more normal and we expect more treatment than 2020, though less than 2019. Overall, we estimate spending about $20,000 for 2021 treat- ments, and are able to contribute $14,000 as carryover to our reserves from 2020. We would like to have $60,000 in reserves. There are two reasons to do this. First, each year we incur costs in the summer and receive the tax receipts later in the year. Second, we need to be prepared for some new invasive species, or an explosion of growth of the current ones. The worst case would be to have a bad year and not have the funds available to fully treat the bay. A few years ago, before the CBLID, we were raising and spending up to $70,000 per year for treatments. We want to build a reserve and then hopefully reducing the tax assessment. This budget proposes that the 2021 taxation level re- main the same as 2020 at $33,600 with the same CBLID tax levied at $300 per lakeshore property. Chuck Nadler from the public moved to approve the 2021 budget as presented with a tax assessment of $300 in 2021 for each property in the CBLID district, 2nd by Tucker. VOTE by voice vote of Board and audience: All who voted, voted Aye, Nays 0. MOTION PASSES. C. Election of Board Members and Officers Three Board positions for 2 year terms are expiring. There were no nominations from the public. Nominations from the public must be received by the Board by June 1st, as required by the CBLID Bylaws. The three incumbents Steve Nielsen, Kevin Kennefick and Mary Tucker agreed to run again and were nominated. A VOTE to approve the nominations by voice vote of Board and audience was taken: All who voted, voted Aye, Nays 0. NOMINEES APPROVED. The Board must elect its officers annually. Nominees to keep the following positions: Chairman, Nielsen; Vice Chair, Plewka; and Treasurer, Kennefick. The Secretary position to be filled by Owen. These Board members agreed to fill these positions. VOTE by the Board, Ayes 7, Nays 0. NOMINEES APPROVED. VIII. Adjournment Motion to adjourn by Candace Nadler from the public, 2nd by Plewka. VOTE by the Board, Ayes 7, Nays 0. MOTION PASSES, and meeting adjourned at 7:06 pm. Attachments: 2020 CBLID Treasurer’s Report 2021 CBLID Budget Report Submitted by Dave Owen, Secretary of the Board. 37 37 4 10/9/2020 Carman Bay Lake Improvement District 2020 CBLID Treasurer's Report Source of Funds 2019 Actual 2020 Budget 2020 Estimate EST vs Budget Carryover from prior year $21,964.00 $13,711.00 $13,711.00 - $ Tax receipts $20,427.00 $33,617.50 $33,617.50 - $ Grants from DNR $9,135.00 9,135.0 $ Total Available $42,391.00 $47,328.50 $56,463.50 9,135.0 $ Expenses PLM: CLP and EWM Delineation $2,300.00 $2,400.00 2,200.00 (200.0) $ CLP Treatment Diquat $3,007.00 $3,500.00 3,795.00 295.0 $ EWM Treatment Diquat $3,328.00 $4,000.00 523.00 (3,477.0) $ EWM Treatment ProcellaCor $17,592.00 $17,600.00 4,848.00 (12,752.0) $ Point Intercept Survey $2,200.00 $2,400.00 2,400.00 - $ Total PLM $28,427.00 $29,900.00 13,766.00 (16,134.0) $ Misc Exp $253.00 $250.00 250.00 - $ Total Expenses $28,680.00 $30,150.00 $14,016.00 (16,134.0) $ Remaining Carryover $13,711.00 $17,178.50 $42,447.50 25,269.0 $ Note: 38 38 5 10/9/2020 Carman Bay Lake Improvement District 2021 CBLID Budget Report Source of Funds 2019 Actual 2020 Budget 2020 Estimate 2021 Budget Carryover from prior year $21,964.00 $13,711.00 $13,711.00 $41,858.80 Tax receipts $20,427.00 $33,028.80 $33,028.80 $33,028.80 Assumes 112 homes Grants from DNR $9,135.00 @ .983% of $300 ea Total Available $42,391.00 $46,739.80 $55,874.80 $74,887.60 Expenses PLM: CLP and EWM Delineation $2,300.00 $2,400.00 2,200.00 $2,300.00 CLP Treatment Diquat $3,007.00 $3,500.00 3,795.00 $3,500.00 EWM Treatment Diquat $3,328.00 $4,000.00 523.00 $2,000.00 EWM Treatment ProcellaCor $17,592.00 $17,600.00 4,848.00 $10,000.00 Point Intercept Survey $2,200.00 $2,400.00 2,400.00 $2,400.00 Total PLM $28,427.00 $29,900.00 13,766.00 $20,200.00 Misc Exp $253.00 $250.00 250.00 $275.00 Total Expenses $28,680.00 $30,150.00 $14,016.00 $20,475.00 Remaining Carryover $13,711.00 $16,589.80 $41,858.80 $54,412.60 Note: 39 39 AGENDA ITEM Prepared By: Reviewed By: DJR Approved By: DJR 1. Purpose. The purpose of this action item is to gain approval to accept a donation for Big Island Park from Mr. Tom Kolar 2. Background. The Big Island Legacy (BIL), a 501C3, has initiated a funding drive to provide amenities to the ongoing Big Island Project. The group is soliciting for donation for picnic tables and sitting stones with the intent of using remaining grant moneys to match. 3. Donation Received. Mr. Tom Kolar donated $852 for a Sitting Stone 4. Staff Recommendation. I recommend acceptance of the donation. COUNCIL ACTION REQUESTED Motion for accept the donations from Tom Kolar Item No.: 7 Date: November 9, 2020 Item Description: Approval to Accept Donation for Big Island Park Presenter: Adam T. Edwards Public Works Director/City Engineer Agenda Section: Consent Agenda 40 40 AGENDA ITEM Prepared By: Reviewed By: DJR Approved By: DJR 1. Purpose. The purpose of the agenda item is to gain Council approval to appoint a new Maintenance Worker within Public Works. 2. Background. The Public Works Department has six full time maintenance worker positions. The maintenance worker positions are critical to meet current service needs and is essential to City operations. One position is currently unfilled. 3. Recruitment. The selection process for the vacant position has been completed. The process involved application screening, an interview panel, practical exercise testing and background checking. 4. Recommended Candidate. The top candidate is Mr. Rick Mielke. Rick has 6 years of public works experience with Hennepin County and 20 years’ experience as commercial truck driver. 1. Recommended Compensation. I recommended that Mr. Mielke be appointed to the position of Public Works Maintenance Worker effective November 23rd, 2020. a. Salary. Starting salary of $26.06/hr. (Grade 7, Step 2) b. Vacation. Starting vacation to be earned at a rate of 10 days (80 hours) per year COUNCIL ACTION REQUESTED Motion to appoint Mr. Rick Mielke as a Public Works Maintenance Worker. Item No.: 8 Date: November 9, 2020 Item Description: Public Works Maintenance Worker Appointment Presenter: Adam T. Edwards Public Works Director/City Engineer Agenda Section: Consent Agenda 41 41 AGENDA ITEM Prepared By: Reviewed By: DJR Approved By: DJR 1. Purpose. The purpose of this item is for City Council to accept the sanitary sewer, water, and stormwater utilities as well as the public roadway within the Shadywood Villas development. 2. Background. The Shadywood Villas development was approved subject to the terms of the Development Contract, Shadywood Villas, 16-3868, executed by the developer and the City November 28th, 2016. Per the contract the sanitary sewer, water and stormwater utilities as well as the street are to be a public facilities owned, operated and maintained by the City of Orono. The public portions of the Project are complete and the as-built surveys received by the city in accordance with the Development Agreement. 3. Public Improvements. The development infrastructure that is public include the sanitary sewer, water and stormwater utilities as well as the street. 4. Staff Recommendation. I recommended formal acceptance of the public improvements. COUNCIL ACTION REQUESTED: Adopt the attached resolution accepting the sanitary sewer system improvements within Shadywood Villas as public facilities. Exhibits A. Resolution References A. Development Contract, Shadywood Villas, 16-3868. Item No.: 9 Date: November 9, 2020 Item Description: Shadywood Villas- Formal Acceptance Public Water and Sanitary Sewer - Resolution Presenter: Adam T. Edwards Public Works Director/City Engineer Agenda Section: Consent Agenda 42 42 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ A RESOLUTION ACCEPTING THE SANITARY SEWER, WATER, STROMWATER AND STREET WITHIN THE SHADYWOOD VILLAS DEVELOPMENT AS PUBLIC FACILITIES WHEREAS, on November 28th, 2016 the City of Orono and Willow Bay Sanctuary, LLC into Development Contract Shadywood Villas, 16-3868, (the "Contract") which documented the terms and conditions under which the development known as Southways was approved; and WHEREAS, the terms and conditions of the Agreement state that final acceptance of the improvements to be publicly owned, including, sanitary sewer, water, stormwater and street shall take the form of a Resolution passed by the Orono City Council, on the advice of the City Engineer; and WHEREAS, the City Engineer has recommended that the City formally accept the sanitary sewer water, stormwater and street improvements; and NOW, THEREFORE BE IT RESOLVED that the City Council of Orono does hereby formally accept the sanitary sewer, water, stormwater and street as public improvements associated with Shady wood Villas and shall assume ownership and maintenance of said facilities. Adopted by the City Council of Orono, Minnesota this 9th day of November, 2020. ATTEST: CITY OF ORONO: ____________________________ ______________________________ Anna Carlson, City Clerk Dennis Walsh, Mayor 43 43 AGENDA ITEM Prepared By: Reviewed By: DJR Approved By: DJR 1. Purpose. The purpose of this item is for City Council to accept the sanitary sewer and water utilities within the Willow Bay development. 2. Background. The Willow Bay development development was approved subject to the terms of the Development Contract, Willow Bay Sanctuary, LA19-000033, executed by the developer and the City August 26th, 2019. Per the contract the sanitary sewer and water utilities are to be a public facilities owned, operated and maintained by the City of Orono. The utilities portion of the Project is complete and the as-built surveys received by the city in accordance with the Development Agreement. 3. Public Improvements. The development infrastructure that is public include the water system and the sanitary sewer system. 4. Staff Recommendation. I recommended formal acceptance of the water and sanitary sewer systems. COUNCIL ACTION REQUESTED: Adopt the attached resolution accepting the sanitary sewer system improvements within Southways as public facilities. Exhibits A. Resolution References A. Development Contract, Willow Bay Sanctuary, LA19-000033. Item No.: 10 Date: November 9, 2020 Item Description: Willow Bay Sanctuary - Formal Acceptance Public Water and Sanitary Sewer - Resolution Presenter: Adam T. Edwards Public Works Director/City Engineer Agenda Section: Consent Agenda 44 44 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ A RESOLUTION ACCEPTING THE WATER AND SANITARY SEWER UTILITYS WITHIN THE WILLOW BAY SANCTUARY DEVELOPMENT AS PUBLIC FACILITIES WHEREAS, on August 26th, 2019 the City of Orono and Willow Bay Sanctuary, LLC into Development Contract Willow Bay Sanctuary, LA19-000033, (the "Contract") which documented the terms and conditions under which the development known as Southways was approved; and WHEREAS, the terms and conditions of the Agreement state that final acceptance of the improvements to be publicly owned, including, sanitary sewer and the water, shall take the form of a Resolution passed by the Orono City Council, on the advice of the City Engineer; and WHEREAS, the City Engineer has recommended that the City formally accept the sanitary sewer and water improvements; and NOW, THEREFORE BE IT RESOLVED that the City Council of Orono does hereby formally accept the sanitary sewer and water public improvements associated with Willow Bay Sanctuary and shall assume ownership and maintenance of said facilities. Adopted by the City Council of Orono, Minnesota this 9th day of November, 2020. ATTEST: CITY OF ORONO: ____________________________ ______________________________ Anna Carlson, City Clerk Dennis Walsh, Mayor 45 45 AGENDA ITEM Prepared By: Correy Farniok Reviewed By: DJR Approved By: DJR Purpose. The purpose of this action item is to gain approval accepting Officer William Persell’s letter of resignation. Background. William Persell was hired as a part-time police officer by the City of Orono on November 7, 1994. For more than 26 years William Persell has covered thousands of shifts and provided a tremendous service to the communities we serve. William Persell also worked in Oak Park Heights for more than 10 years prior. William Persell has more than 36 years as a police officer. On October 29, 2020, Officer William Persell submitted a letter and a two week notice to resign from the Orono Police Department. Officer Persell’s last day is November 14, 2020. The police department wishes William Persell the best of luck in his retirement and all his future endeavors. We thank him for his service to the citizens of Orono, Mound, Spring Park and Minnetonka Beach. Staff Recommendation. I recommend accepting the resignation of William Persell effective November 14, 2020 COUNCIL ACTION REQUESTED Motion to approve the resignation of William Persell effective November 14, 2020 and approve resolution for 26 years of dedicated service to the City of Orono. Exhibits A. Resolution Item No.: 11 Date: November 9, 2020 Item Description: Authorization to Accept William Persell Resignation Presenter: Correy Farniok Police Chief Agenda Section: Consent Agenda 46 46 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ A RESOLUTION RECOGNIZING OFFICER WILLIAM PERSELL FOR HIS TWENTY-SIX YEARS OF DEDICATED SERVICE TO THE CITY AS A POLICE OFFICER WHEREAS, William Persell was appointed to the position of Part-time Police Officer on November 7, 1994; and WHEREAS, William has for 26 years exceptionally served, patrolled and responded to calls for service; and; WHEREAS, William’s years of service as a Police Officer has been characterized by his willingness to come in on a moment’s notice, his great spirit, his helpful advice and his dedication to providing the highest quality police service to the city and its citizens and; WHEREAS, William was a team player and set the example for his fellow police officers and; WHEREAS, William has provided service to the community in a fair, respectful, honest, trustworthy, and selfless manner and; WHEREAS, William is resigning from his position as Police Officer effective November 14, 2020. NOW, THEREFORE, BE IT RESOLVED, that the Orono City Council does hereby recognize and commend Officer William Persell for his leadership, and dedicated service to the community as Police Officer. BE IT FURTHER RESOLVED that the Orono City Council does hereby extends its best wishes to Office William Persell. Adopted by the City Council of Orono, Minnesota at a regular meeting held this 9th day of November, 2020. ATTEST: ________________________ _________________________ Anna Carlson, City Clerk Denny Walsh, Mayor 47 47 AGENDA ITEM Prepared By: LLO Reviewed By: J. Barnhart Approved By: DJR 1. Purpose. The applicant is requesting the city vacate an unimproved alley. 2. Background. Colt Skogquist o/b/o NIH Homes has requested the City vacate a 20-foot unimproved alley that runs through/ abuts 4485, 4465, and 4455 North Shore Drive and a parcel owned by Hennepin County. The alley does not show to have any improvements or city utilities located in the area. The alley was platted in Bergquist’s Addition to Saga Hill (1889) and abuts the Tonkaview Gardens (1921) plat. 3. Planning Commission Vote and Comment. The Planning Commission reviewed the application and held a public hearing on October 19, 2020. The Commission voted unanimously (6-0) in favor of the application to vacate the unimproved alley. 4. Public Comment. Utilities were notified and no concerns or request for easements were made. 5. Staff Recommendation. Staff recommends to approve the application. COUNCIL ACTION REQUESTED Approve or amend the included resolution Exhibits A. Survey and legal description B. DRAFT approval Resolution C. 10.19.20 PC Minutes D. 10.19.20 PC Staff Report References PC Exhibits A. Application B. Annotated maps C. Original Plat Maps D. Utility Comments E. Mailing Information Item No.: 12 Date: November 9, 2020 Item Description: LA20-000051 – NIH Homes, Request for alley vacation, Resolution Presenter: Laura Oakden Planner Agenda Section: Consent Agenda 48 48 49 49 EXISTING DESCRIPTION OF PROPERTIES PARCEL 1: Lot 4, BERGQUIST'S ADDITION TO SAGA HILL, Hennepin County, Minnesota. (per Quit Claim Deed Doc. no A9694336) PARCEL 2: Lot 5 in BERGQUIST'S ADDITION TO SAGA HILL, Hennepin County, Minnesota. (per Trustee's Deed Doc. No. A10002568) PARCEL 3: Lot 6, BERGQUIST'S ADDITION TO SAGA HILL, Hennepin County, Minnesota. (per Quit Claim Deed Doc. No. 7083175) DESCRIPTION OF VACATED ALLEY That part of the ALLEY as dedicated by the plat BERGQUIST'S ADDITION TO SAGA HILL, Hennepin County, Minnesota lying northeasterly of Lots 4, 5 and 6 of said BERGQUIST'S ADDITION TO SAGA HILL; lying easterly of the northerly extension of the west line of said Lot 6; lying southwesterly and westerly of Outlot A, TONKAVIEW GARDENS, Hennepin County, Minnesota; and lying southwesterly and southerly of the southwesterly and southerly line of Hennepin County State Aid Highway No. 19. PROPOSED DESCRIPTION OF PROPERTIES PARCEL 1: Lot 4, BERGQUIST'S ADDITION TO SAGA HILL, Hennepin County, Minnesota. Together with that part of the vacated ALLEY as dedicated by said BERGQUIST'S ADDITION TO SAGA HILL lying northeasterly of said Lot 4; lying southeasterly of the northerly extension of the northwest line of 50 50 said Lot 4; and lying southwesterly of the southwesterly line of Hennepin County State Aid Highway No. 19. PARCEL 2: Lot 5 in BERGQUIST'S ADDITION TO SAGA HILL, Hennepin County, Minnesota. Together with that part of the vacated ALLEY as dedicated by said BERGQUIST'S ADDITION TO SAGA HILL; lying northeasterly of said Lot 5; lying northwesterly of the northerly extension of the southeasterly line of said Lot 5; lying southeasterly of the northerly extension of the northwesterly line of said Lot 5; lying southwesterly of Outlot A, TONKAVIEW GARDENS, Hennepin County, Minnesota; and lying southwesterly of the southwesterly line of Hennepin County State Aid Highway No. 19. PARCEL 3: Lot 6, BERGQUIST'S ADDITION TO SAGA HILL, Hennepin County, Minnesota. Together with that part of the vacated ALLEY as dedicated by said BERGQUIST'S ADDITION TO SAGA HILL lying northeasterly of said Lot 6; lying southeasterly of the northerly extension of the northwest line of said Lot 6; lying northwesterly of the northerly extension of the southeasterly line of said Lot 6; lying southerly of the southerly line of Hennepin County State Aid Highway No. 19; and lying southwesterly and westerly of Outlot A, TONKAVIEW GARDENS, Hennepin County, Minnesota. 51 51 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ Page 1 of 3 A RESOLUTION VACATING A 20-UNIMPROVED ALLEY RIGHT OF WAY WITHIN THE PLAT OF BERGQUIST’S ADDITION TO SAGA HILL, HENNEPIN COUNTY, MINNESOTA FILE NO. LA20-000051 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, on October 19, 2020, NIH Homes, (hereinafter the “Applicant”), made a complete application to vacate a 20-foot wide unimproved alley right-of-way abutted Lot 4, Lot 5, Lot 6 and Lot 7, Berguists Addition to Saga Hill legally described as follows and as depicted on Exhibit A. WHEREAS, on October 19, 2020, after published and mailed notice in accordance with Minnesota Statutes and the City Code, the Planning Commission held a public hearing, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, on October 19, 2020, the Planning Commission voted 6 in favor of and 0 against a motion to recommend approval of the requested vacation; and WHEREAS, on November 9, 2020, the City Council reviewed the application and the recommendations of the Planning Commission and City staff; and 52 52 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ Page 2 of 3 WHEREAS, the Orono Council finds the vacation as proposed is in keeping with the public interest and in consideration of the following findings: 1. The right of way was never improved or used and is no longer necessary. 2. There are no drainage or utility improvements within the right of way. 3. The City Council finds that the existing 20 foot wide alley right of way to be vacated has no apparent present or future benefit to the public. 4. The City Council finds that: a. The vacation does not affect access to or use of any adjoining property. b. The City does not intend to develop, improve, or use the existing right of way. NOW, THEREFORE, BE IT RESOLVED, that the vacation of the 20 foot wide alley right of way area as described above is hereby granted by the City Council of the City of Orono on this 9nd day of November, 2020. ATTEST: ________________________ __________________________ Anna Carlson, City Clerk Dennis Walsh, Mayor 53 53 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ Page 3 of 3 54 54 55 55 EXISTING DESCRIPTION OF PROPERTIES PARCEL 1: Lot 4, BERGQUIST'S ADDITION TO SAGA HILL, Hennepin County, Minnesota. (per Quit Claim Deed Doc. no A9694336) PARCEL 2: Lot 5 in BERGQUIST'S ADDITION TO SAGA HILL, Hennepin County, Minnesota. (per Trustee's Deed Doc. No. A10002568) PARCEL 3: Lot 6, BERGQUIST'S ADDITION TO SAGA HILL, Hennepin County, Minnesota. (per Quit Claim Deed Doc. No. 7083175) DESCRIPTION OF VACATED ALLEY That part of the ALLEY as dedicated by the plat BERGQUIST'S ADDITION TO SAGA HILL, Hennepin County, Minnesota lying northeasterly of Lots 4, 5 and 6 of said BERGQUIST'S ADDITION TO SAGA HILL; lying easterly of the northerly extension of the west line of said Lot 6; lying southwesterly and westerly of Outlot A, TONKAVIEW GARDENS, Hennepin County, Minnesota; and lying southwesterly and southerly of the southwesterly and southerly line of Hennepin County State Aid Highway No. 19. PROPOSED DESCRIPTION OF PROPERTIES PARCEL 1: Lot 4, BERGQUIST'S ADDITION TO SAGA HILL, Hennepin County, Minnesota. Together with that part of the vacated ALLEY as dedicated by said BERGQUIST'S ADDITION TO SAGA HILL lying northeasterly of said Lot 4; lying southeasterly of the northerly extension of the northwest line of 56 56 said Lot 4; and lying southwesterly of the southwesterly line of Hennepin County State Aid Highway No. 19. PARCEL 2: Lot 5 in BERGQUIST'S ADDITION TO SAGA HILL, Hennepin County, Minnesota. Together with that part of the vacated ALLEY as dedicated by said BERGQUIST'S ADDITION TO SAGA HILL; lying northeasterly of said Lot 5; lying northwesterly of the northerly extension of the southeasterly line of said Lot 5; lying southeasterly of the northerly extension of the northwesterly line of said Lot 5; lying southwesterly of Outlot A, TONKAVIEW GARDENS, Hennepin County, Minnesota; and lying southwesterly of the southwesterly line of Hennepin County State Aid Highway No. 19. PARCEL 3: Lot 6, BERGQUIST'S ADDITION TO SAGA HILL, Hennepin County, Minnesota. Together with that part of the vacated ALLEY as dedicated by said BERGQUIST'S ADDITION TO SAGA HILL lying northeasterly of said Lot 6; lying southeasterly of the northerly extension of the northwest line of said Lot 6; lying northwesterly of the northerly extension of the southeasterly line of said Lot 6; lying southerly of the southerly line of Hennepin County State Aid Highway No. 19; and lying southwesterly and westerly of Outlot A, TONKAVIEW GARDENS, Hennepin County, Minnesota. 57 57 MINUTES OF THE ORONO PLANNING COMMISSION October 19, 2020 6:00 o’clock p.m. _____________________________________________________________________________________ 1. LA20-000051 NIH HOMES, 4465 NORTH SHORE DRIVE, VACATION (Staff: Laura Oakden) Brian Benson O/B/O NIH Homes, Applicant, was present. Staff presented a summary of packet information. Ms. Oakden noted Planning Department Staff supports the request to vacate the unimproved alley. Chair Ressler said as policy they must notify all service providers, Frontier being one of them, and asked if Frontier had an issue with it, would that change Staff’s recommendation. Ms. Oakden replied no, and noted in the recommendation, for Staff to approve the proposed alley vacation contingent on any easement requests by utility companies. All utility companies have responded with the exception of Frontier, and none have requested easements. Gettman asked if there is any idea as to what caused the alley to be required in the first place. Ms. Oakden said it was out of a plat in 1889 and she assumes it was before North Shore Drive was there; these were cabin lots and the alley was the access to those lots. She noted over time portions of the alley have been vacated and this is the final portion. Kirchner asked regarding Frontier, did Ms. Oakden say there was a contingency that this would be vacated assuming there is not an easement request from any utilities. Ms. Oakden replied it is contingent on any easement requests, so if there is an easement request before City Council, they adopt their easement request. She stated it is not typical that they get easement requests through Frontier so she would not anticipate one but she did put it in the motion. Kirchner asked if that contingency expires at some point, is he hearing that expiration would be once it goes to the City Council. Ms. Oakden said yes, City Council would then take all input into consideration with their action. Brian Benson, 201 East Lake Street, Wayzata, O/B/O NIH Homes, (the current owner of 4465 North Shore Drive) noted he has spoken with both neighbors who have indicated they’d like to get this cleaned up; the alley goes through one neighbor’s garage as it has for 50 years or so. Chair Ressler opened the public hearing at 6:06 p.m. Chair Ressler closed the public hearing at 6:06 p.m. Gettman moved, Libby seconded, to approve LA20-000051, 4465 North Shore Drive, Vacation of Unimproved Alley. VOTE: Ayes 6, Nays 0. 58 58 Date Application Received: 08/12/2020 Date Application Considered as Complete: Incomplete To: Chair Ressler and Planning Commission Members Dustin Rief, City Administrator From: Laura Oakden, Planner Date: October 19, 2020 Subject: #LA20-000051, NIH Homes, Request for alley vacation, Public Hearing Background Colt Skogquist o/b/o NIH Homes has requested the City vacate a 20-foot unimproved alley that runs through/ abuts 4485, 4465, and 4455 North Shore Drive and a parcel owned by Hennepin County. The alley does not show to have any improvements or city utilities located in the area. The alley was platted in Bergquist’s Addition to Saga Hill (1889) and abuts the Tonkaview Gardens (1921) plat. 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. State Statute: 412.851 VACATION OF STREETS. The council may by resolution vacate any street, alley, public grounds, public way, or any part thereof, on its own motion or on petition of a majority of the owners of land abutting on the street, alley, public grounds, public way, or part thereof to be vacated. When there has been no petition, the resolution may be adopted only by a vote of four-fifths of all members of the council. No vacation shall be made unless it appears in the interest of the public to do so after a hearing preceded by two weeks' published and posted notice. Analysis Application Summary: The applicant is requesting the city vacate an unimproved alley. Staff Recommendation: Planning Department Staff supports the request to vacate the unimproved alley. 59 59 FILE # LA20-000051 October 19, 2020 Page 2 of 2 The unimproved alley does not seem to show any public need. Most utilities are located in the right-of-way for North Shore Drive. The utilities have been notified. Some are conducting their owe research to verify utility improvements. Centurylink and Frontier have not provided a response to the alley vacation notice. Engineer Comments. To the best of my knowledge the alleyway in question does not provide a public benefit to the city. We do not have any municipal infrastructure in the alleyway nor plans to place any there. Public Comments To date, no public comments have been submitted. Issues for Consideration 1. Does the Planning Commission support the vacation request as proposed? 2. Does the Planning Commission find the conditions proposed by Staff appropriate? 3. Are there any other issues or concerns with this application? Planning Staff Recommendation Staff recommends approval of the proposed alley vacation contingent on any easement requests from utility companies. List of Exhibits Exhibit A. Application Exhibit B. Annotated maps Exhibit C. Original Plat Maps Exhibit D. Utility Comments Exhibit E. Mailing Information 60 60 AGENDA ITEM Prepared By: mcc Reviewed By: J. Barnhart Approved By: DJR 1. Purpose. This application is regarding a conditional use permit for plumbing in an accessory building. 2. MN§15.99 Application Deadline. The application was received on August 20, and considered to be complete on September 23rd. Therefore the 60-Day review period expires on November 22, 2020. 3. Background/ Summary. The applicant wishes to install full bathroom facilities in a 630 square foot pool house building to be on the property. A conditional use permit is required due to the proposed shower. 4. Planning Commission Vote and Comment. On October 19th, the Planning Commission held a public hearing. Following the public hearing the Planning Commission voted 6 to 0 on a motion to approve the requested CUP for plumbing. 5. Public Comment. No comments from the public were received. 6. Staff Recommendation. Staff recommends approval subject to the standard covenants. COUNCIL ACTION REQUESTED Motion to adopt or amend the approval resolution. Exhibits A. Draft Resolution B. Proposed Plans C. Draft PC Minutes D. PC Staff Report References PC Exhibits 10/19/2020 A. Application B. Proposed Survey C. Proposed Plans and Elevations D. Hardcover E. Property Owners List F. Plat Map Item No.: 13 Date: November 9, 2020 Item Description: LA20-000059 – Hendel Homes o/b/o Casey Webber & Sydney Anderson, 1775 Fox Street, CUP – Resolution Presenter: Melanie Curtis Planner Agenda Section: Consent Agenda 61 61 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 1 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT PURSUANT TO MUNICIPAL ZONING CODE SECTION 78-418 FILE NO. LA20 -000059 WHEREAS, on August 20, 2020, on behalf of the Owners, Casey Webber and Sydney Anderson, Hendel Homes (hereinafter the “Applicant”), applied for a conditional use permit from the City Code for the property addressed 1775 Fox Street and legally described as: Lot 3, Block 1, Fox Island, Hennepin County, Minnesota (hereinafter the “Property”); WHEREAS, the Applicants have made application to the City of Orono for a conditional use permit pursuant to Orono Municipal Zoning Code Section 78-418 to allow a full bathroom including shower or bathtub within an accessory pool building; and WHEREAS, on October 19, 2020, after published and mailed notice in accordance with Minnesota Statutes and the City Code, the Planning Commission held a public hearing, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, on October 19, 2020, the Planning Commission recommended approval of the conditional use permit; and WHEREAS, on November 9, 2020, the City Council reviewed the application and the recommendations of the Planning Commission and City staff; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves the requested conditional use permit 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 #LA20-000059. 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. 62 62 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 2 2. The Property is located in the RR-1B One Family Residential Zoning District. 3. The Property contains 2.16 acres in area. 4. The Property is within Tier 1 and hardcover is limited to 25% according to the Stormwater Quality Overlay District. 5. Applicant has applied for the following: a. Conditional Use Permit for Plumbing within an Accessory Building. 6. In considering this application for conditional use permit, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed application 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. CONDITIONAL USE PERMIT ANALYSIS: On the basis of the application and the evidence submitted, the city must find that the proposed use at the proposed location is or will be: 1) Consistent with the community management plan; The proposed use is residential in nature and residential use is consistent with the CMP guiding for this neighborhood. 2) Compliant with the zoning code, including any conditions imposed on specific uses as required by article V, division 3 of the City Code; The proposed accessory building improvement including the plumbing fixtures are compliant with the zoning ordinance. 3) Adequately served by police, fire, roads, and stormwater management; The proposed use will be adequately served by existing services and facilities. 4) Provided with an adequate water supply and sewage disposal system; The property is served by a private septic system and private well. This criterion is met. 5) Not expected to generate excessive demand for public services at public cost; This criterion is met. 6) Compatible with the surrounding area as the area is used both presently and as it is planned to be used in the future; The proposed pool house building is residential in character and its use is expected to be compatible with the surrounding area. 7) Consistent with the character of the surrounding area, unless a change of character is called for in the community management plan; The pool building including 63 63 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 3 plumbing is residential in visual character and is expected to be compatible with the house on the property and the surrounding area. 8) Compatible with the character of buildings and site improvements in the surrounding area, unless a change of character is called for in the community management plan; The architectural styling of the proposed pool building is expected to be residential- looking in character and consistent with that of the principal structure on the Property. 9) Not expected to substantially impair the use and enjoyment of the property in the area or have a materially adverse impact on the property values in the area when compared to the impairment or impact of generally permitted uses; The use of the pool house building which includes plumbing is not expected to have any adverse impacts. No information has been presented to indicate such. 10) Provided with screening and buffering adequate to mitigate undesirable views and activities likely to disturb surrounding uses; The pool house building will be situated in a conforming location and will not be significantly visible when viewed from off the Property on the street side, and the views from the neighbors will be screened by existing vegetation and the physical separation. In the opinion of staff, additional screening or buffering is not necessary. 11) Not create a nuisance which generates smoke, noise, glare, vibration, odors, fumes, dust, electrical interference, general unsightliness, or other means; The proposed pool house building with plumbing is not expected to cause any of these undesirable impacts. 12) Not cause excessive non-residential traffic on residential streets, parking needs that cause a demonstrable inconvenience to adjoining properties, traffic congestion, or unsafe access; It is anticipated that the proposed building will not generate any of these undesirable issues. 13) Designed to take into account the natural, scenic, and historic features of the area and to minimize environmental impact; The proposed building has been visually designed to conform to the residence on the property, and will not have a negative environmental impact. 14) All exterior lighting shall be so directed so as not to cast glare toward or onto the public right-of-way or neighboring residential uses or districts; Applicants are hereby advised of this requirement; and 64 64 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 4 15) Not detrimental to the public health, public safety, or general welfare. This criterion is met. A conditional use permit may be granted subject to such conditions as the Council may prescribe. Further approval shall be granted only when the following criteria are met: 1. The proposed use of the accessory building with a shower will not be detrimental to the residential character of the neighborhood. 2. The plumbing fixtures proposed are in keeping with the applicants’ intended use of the accessory building. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants a conditional use permit pursuant to Orono Municipal Zoning Code Section 78-418 to allow plumbing including a bathtub and/or shower subject to the following conditions: 1. Council approval is based on the entire record, above Findings. 2. The approved project shall conform to the survey dated December 6, 2019 and updated on September 21, 2020 and building plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibits A & 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. 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 9, 2021). 5. The Owners hereby agree to this covenant providing that the accessory building will not be: a. Used for a home occupation unless specifically approved by the city or if allowed by this Code. b. Used as a dwelling unless a guest house conditional use permit is obtained. c. Rented, leased or otherwise provided for use as a dwelling under any circumstances. 65 65 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 5 6. Additionally, the conditional use permit shall remain in effect as long as the conditions imposed by the City Council are observed, but nothing in this section shall prevent the city from enacting or amending official controls to change the status of conditional uses. 7. 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 9th day of November, 2020. ATTEST: CITY OF ORONO: _______________________________ ________________________________ Anna Carlson, City Clerk Dennis Walsh, Mayor 66 66 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 6 ______________________________ ________________________________ Property Owner Property Owner STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this ___ day of ___________, 20___, by _________, _______ of ____________. ____________________________________ Notary Public 67 67 68 68 AS P H A L T S H I N G L E , T Y P ST U C C O 5/ 4 x 4 1 / 2 R A K E , P A I N T T O M A T C H W D W , T Y P RI D G E V E N T , T Y P PO O L M E C H / S T O R PO O L B A T H 12 16 RU B B E R R O O F I N G (1 / 4 " P E R 1 ' - 0 " S L O P E ) FL A S H I N G 20 " F L A T R O O F T R U S S E S 2 0 ' - 1 1 / 8 " PO O L H O U S E T . O . S L A B PO O L B A R 12 16 RU B B E R R O O F I N G (1 / 4 " P E R 1 ' - 0 " S L O P E ) FL A S H I N G W / F L A S H I N G T A P E 20 " F L A T R O O F T R U S S E S 7' - 1 1 1 / 2 " 7'- 1 1 1 / 2 " 5' - 6 " 5' - 6 " PO O L H O U S E T . O . F O O T E R 9 1 / 4 " 7 1 / 4 " 9 1 / 4 " 7 1 / 4 " CO L L E C T I O N B O X W I T H D O W N S P O U T 8 ' - 4 1 / 2 " 1 0 ' - 1 1 / 8 " PO O L H O U S E T . O . S L A B PO O L H O U S E T O P P L A T E @ F L A T R O O F PO O L H O U S E T . O . F O O T E R 4 ' - 2 " PO O L H O U S E T O P P L A T E @ G A B L E WI N D O W H E A D E R H E I G H T 8 ' - 0 1 / 2 " DO O R H E A D E R H E I G H T 7 ' - 0 1 / 2 " WI N D O W H E A D E R H E I G H T 1 8 ' - 0 " PO O L H O U S E T . O . F O O T E R 8 ' - 4 1 / 2 " 1 0 ' - 1 1 / 8 " PO O L H O U S E T . O . S L A B PO O L H O U S E T O P P L A T E @ F L A T R O O F PO O L H O U S E T . O . F O O T E R 4 ' - 2 " PO O L H O U S E T O P P L A T E @ G A B L E WI N D O W H E A D E R H E I G H T 8 ' - 0 1 / 2 " DO O R H E A D E R H E I G H T 7 ' - 0 1 / 2 " WI N D O W H E A D E R H E I G H T 1 8 ' - 0 " PO O L H O U S E T . O . F O O T E R 8 ' - 4 1 / 2 " 1 0 ' - 1 1 / 8 " PO O L H O U S E T . O . S L A B PO O L H O U S E T O P P L A T E @ F L A T R O O F PO O L H O U S E T . O . F O O T E R 4 ' - 2 " PO O L H O U S E T O P P L A T E @ G A B L E WI N D O W H E A D E R H E I G H T 8 ' - 0 1 / 2 " DO O R H E A D E R H E I G H T 7 ' - 0 1 / 2 " WI N D O W H E A D E R H E I G H T 1 8 ' - 0 " BU I L D I N G S E C T I O N SC A L E : 1 / 4 " = 1 ' - 0 " 8 ' - 0 " GR I L L S U R R O U N D GR I L L S U R R O U N D BA C K E L E V A T I O N SC A L E : 1 / 4 " = 1 ' - 0 " SI D E E L E V A T I O N 1 SC A L E : 1 / 4 " = 1 ' - 0 " FR O N T E L E V A T I O N SC A L E : 1 / 4 " = 1 ' - 0 " SI D E E L E V A T I O N 2 SC A L E : 1 / 4 " = 1 ' - 0 " GA R A G E D O O R 1 ' - 0 " 8 ' - 1 1 1 / 2 " 12 16 12 16 12 16 12 16 9' - 0 " 1 ' - 2 1 / 8 " 8 ' - 3 " 1 ' - 0 " 8 ' - 1 1 1 / 2 " 5 ' - 0 " 3 ' - 0 " PL A N T E R B O X PL A N T E R B O X 9' - 0 " 1 ' - 1 0 " LI G H T F I X T U R E RI D G E V E N T , T Y P 8" 6 1 / 2 " 5/ 4 x 4 W O O D T R I M O N 5 / 4 x 1 2 5/ 4 x 4 W O O D T R I M , P A I N T E D 1x 4 W O O D T R I M , P A I N T E D WO O D T R I M , P A I N T E D 5/ 4 x 1 4 W O O D T R I M , P A I N T E D W I T H ME T A L F L A S H I N G O N T O P E D G E HA R D I P A N E L , P A I N T E D CO L L E C T I O N B O X 4" D E C O R A T I V E E I F S T R I M B A N D CO R B E L , T U S C A N S T O N E W O R X O R S I M TO P O F E I F S A T S T U C C O , T Y P CU T S T O N E S U R R O U N D 3 ' - 6 " 6" 8' - 0 " 6" 3 ' - 0 " 20 " F L A T R O O F T R U S S E S 5/ 4 x 4 W O O D T R I M O N 5 / 4 x 1 2 1x 4 W O O D T R I M , P A I N T E D WO O D T R I M , P A I N T E D 5/ 4 x 1 4 W O O D T R I M , P A I N T E D W I T H ME T A L F L A S H I N G O N T O P E D G E HA R D I E P A N E L , P A I N T E D CO L L E C T I O N B O X 2x 4 W O O D T R I M , P A I N T E D PA I N T E D W I T H M E T A L F L A S H I N G ME T A L F L A S H I N G T O M A T C H T R I M C O L O R 1" ( A N G L E T O P 1 / 2 " ) x 2 " W O O D T R I M , TY P I C A L H A R D I E W A L L : - H A R D I E P A N E L S I D I N G - D R A I N A G E S Y S T E M - ( 2 ) " D " G R A D E P A P E R - 1 / 2 " P L Y W O O D S H E A T H I N G - 2 x 6 S T U D S @ 1 6 " O . C . - C L O S E D - C E L L S P R A Y F O A M , F U L L CA V I T Y . R V A L U E = 2 1 - 6 M I L P O L Y V . B . , S E A L P E N E T R A T I O N S - 1 / 2 " G Y P S U M B O A R D TY P . F L O O R S L A B : -4 " C O N C . F L O O R S L A B -2 L A Y E R S 6 M I L P O L Y V A P O R B A R R I E R W / T A P E D A N D L A P P E D J O I N T S -2 " R I G I D I N S U L A T I O N E X T E N D E D U N D E R SL A B , T Y P . -8 " M I N . R I V E R R O C K - D R A I N T O I N T E R I O R D R A I N T I L E R- 4 9 I N S U L A T I O N 8 ' - 4 1 / 2 " 4 ' - 2 " WA L L S E C T I O N SC A L E : 1 " = 1 ' - 0 " R 6 1 / 2 " TO P O F F L A S H I N G A T H A R D I E P A N E L , T Y P AS P H A L T S H I N G L E , T Y P FL A S H I N G W / F L A S H I N G T A P E 1 0 ' - 7 5 / 1 6 " LI G H T F I X T U R E PR O J E C T N O : 1 6 3 SH E E T : A n d e r s o n - W e b b e r P o o l H o u s e 1 7 7 5 F o x S t r e e t O r o n o , M N 5 5 3 9 1 © J a m e s M c N e a l A r c h e c t u r e & D e s i g n , L L C T H E S E A R C H I T E C T U R A L P L A N S A N D T H E H O M E C O N S T R U C T E D P U R S U A N T T O T H E P L A N S A R E T H E E X C L U S I V E C O P Y R I G H T E D P R O P E R T Y O F J A M E S M c N E A L A R C H I T E C T U R E & D E S I G N , L L C A N D A R E P R O T E C T E D B Y U N I T E D S T A T E S C O P Y R I G H T L A W . A N Y U N A U T H O R I Z E D U S E O F T H E S E P L A N S I S S T R I C T L Y P R O H I B I T E D . C o p y r i g h t © 2 0 1 8 1 5 0 4 0 2 3 r d A v e n u e N o r t h P l y m o u t h , M N 5 5 4 4 7 8 7 7 - 7 9 6 - J M A D w w w . J a m e s M c N e a l A r c h i t e c t u r e A n d D e s i g n . c o m IS S U E : 8/ 2 0 / 2 0 - P E R M I T S E T EL E V A T I O N S / S E C T I O N S 6 9 6 9 LI N E N 26 7 0 PO O L H O U S E CL G V A U L T E D 9' - 0 " x 8 ' - 0 " O V E R H E A D D R . 2670 C L G @ 8 ' - 4 1 / 2 " C L G @ 8 ' - 4 1 / 2 " HE A T E D T I L E F L O O R 2670 S T O R A G E BA R CL G V A U L T E D HE A T E D T I L E F L O O R 26 7 0 PO O L B A T H HE A T E D T I L E F L O O R CL G @ 8 ' - 4 1 / 2 " ST O R / E Q U I P CO N C F L O O R CL G @ 8 ' - 6 1 / 2 " B O X E D B E A M @ 8 ' - 3 " A . F . F . B O X E D B E A M @ 8 ' - 3 " A . F . F . B O X E D B E A M @ 8 ' - 3 " A . F . F . B O X E D B E A M @ 8 ' - 3 " A . F . F . WI N D O W P L A N T E R B O X G R I L L S T O R A G E PO O L - B Y L A N D S C A P E R ST O O P 5' - 6 " 16 ' - 0 " 5'- 6 " 8' - 0 " 8' - 0 " 27 ' - 0 " 2 5 ' - 0 " 2 ' - 0 " 2 1 ' - 0 " 2 ' - 0 " 2 5 ' - 0 " 2 ' - 0 " 2 1 ' - 0 " 2 ' - 0 " 1 1 ' - 2 " 9 ' - 1 0 " B O X E D R I D G E B E A M 27 ' - 0 " 5' - 6 " 16 ' - 0 " 5'- 6 " 3' - 1 1 1 / 2 " 1' - 6 1 / 2 " 8' - 0 " 8' - 0 " 1' - 6 1 / 2 " 3' - 1 1 1 / 2 " 1 1 ' - 3 " 1 3 ' - 9 " UN E X C A V A T E D 4" C O N C R E T E S L A B W / ON G R A D E 8 " 9 ' - 0 " 4 ' - 0 " H E A T E D T I L E F L O O R H E A T E D T I L E F L O O R 2" R I G I D I N S U L A T I O N 1 ' - 8 " 4 " 2 0 ' - 8 " 2 ' - 0 " 2 4 ' - 8 " 1' - 1 0 " 3' - 4 " 3' - 4 " 1' - 1 0 " 26 ' - 8 " 6 " 4 " 1 ' - 8 " 4 " 2 0 ' - 8 " 2 ' - 0 " 2 4 ' - 8 " 5' - 6 " 15 ' - 8 " 5' - 6 " 26 ' - 8 " FO U N D A T I O N P L A N SC A L E : 1 / 4 " = 1 ' - 0 " E S W N PO O L H O U S E P L A N SC A L E : 1 / 4 " = 1 ' - 0 " SQ U A R E F O O T A G E S : PO O L L E V E L : 5 6 4 S F PO O L M E C H A N I C A L / S T O R A G E / E Q U I P : 6 7 S F PO O L M E C H / SI N K 2 1 / 2 " 1' - 9 1 / 4 " 7 1 / 4 " 9' - 1 0 " 7 1 / 4 " 1'- 9 1 / 4 " 2 1 / 2 " DR O P F L O O R 2 " ME C H R O O M DR O P F L O O R 2 " 5'- 6 " 4" 15 ' - 8 " 4" 5' - 6 " 2 ' - 0 " 4 " 4 " 2 ' - 0 " 6 " 4 " 4 " 6 " 2x 6 W / S H E A T H I N G , O V E R H A N G 2 " 10 " P O U R E D C O N C R E T E W A L L 14 " P O U R E D C O N C R E T E W A L L FD 2 x 6 2 x 6 SH E L V E S SH E L V E S 1 1 1 1 SE P T I C S E T B A C K SE P T I C S E T B A C K 2" 6" 6 " 9 ' - 0 " 2'- 6 " 6 " 2 " 7 ' - 8 " 2 " 6 " SO U N D P R O O F WA L L S NO T E S : - A L L I N T E R I O R D I M E N S I O N S A R E T O F A C E O F S T U D W A L L U N L E S S O T H E R W I S E N O T E D . - A L L D O O R S T O H A V E A 4 1 / 2 " S H O U L D E R U N L E S S O T H E R W I S E N O T E D . - A L L B O X E D B E A M S T O B E S T A I N E D W H I T E O A K W I T H M I T E R E D J O I N T S . - A L L I N T E R I O R S T U D W A L L S A R E 2 x 4 U N L E S S O T H E R W I S E N O T E D . - A L L E X T E R I O R S T U D W A L L S A R E 2 x 6 U N L E S S O T H E R W I S E N O T E D . - A L L B A S E T R I M T O B E " B H 2 4 1 0 " P A I N T E D T O M A T C H W A L L S U N L E S S O T H E R W I S E N O T E D . - A L L W I N D O W H E A D E R H E I G H T S D I M E N S I O N E D F R O M T O P O F S L A B . - A L L I N T E R I O R D O O R S T O H A V E D R Y W A L L R E T U R N S U N L E S S O T H E R W I S E N O T E D . - A L L E X T E R I O R D O O R S & W I N D O W S T O H A V E D R Y W A L L R E T U R N S U N L E S S O T H E R W I S E N O T E D . - S O U N D P R O O F W A L L S P E R P L A N - A L L E X T E R I O R D I M E N S I O N S A R E T O E X T E R I O R F A C E O F - A L L E X T E R I O R D I M E N S I O N S A R E T O E X T E R I O R F A C E FO U N D A T I O N U N L E S S O T H E R W I S E N O T E D . OF S H E A T H I N G U N L E S S O T H E R W I S E N O T E D . PA T I O PO O L H O U S E T O B E C E N T E R E D W I T H P O O L GA S RO O F P L A N SC A L E : 1 / 4 " = 1 ' - 0 " 16 : 1 2 R I D G E V E N T 16 : 1 2 FL A T R O O F (1 / 4 " P E R 1 ' - 0 " S L O P E ) RU B B E R M E M B R A N E 1' - 0 " O H 2 " O H 6 " O H 6" O H FL A T R O O F (1 / 4 " P E R 1 ' - 0 " S L O P E ) RU B B E R M E M B R A N E 6 " O H 6" O H 2 1 ' - 0 " 2 ' - 0 " 2 ' - 0 " 2 5 ' - 0 " 5' - 6 " 16 ' - 0 " 5' - 6 " 27 ' - 0 " 5' - 6 " 16 ' - 0 " 5' - 6 " 27 ' - 0 " 2 ' - 0 " 2 1 ' - 0 " 2 ' - 0 " 2 5 ' - 0 " 1' - 0 " O H 1' - 0 " O H 2 " O H 1' - 0 " O H 6 " O H 6 " O H EX T E R I O R O F SH E A T H I N G B E L O W 6" 2' - 0 " 6 " 2x 6 W / S H E A T H I N G , O V E R H A N G 2 " 7 1 / 2 " 2'- 8 " 7 1 / 2 " 2' - 8 " 3' - 3 " 9' - 2 " 3' - 3 " 9 ' - 8 " 2 ' - 8 " 8 ' - 4 " 8 ' - 3 " 7 " 2 ' - 8 " 8 ' - 4 " 8 ' - 3 " 1 1 ' - 7 " 5' - 4 1 / 4 " 6" 14 ' - 1 1 1 / 2 " 6" 5' - 4 1 / 4 " SO U N D P R O O F WA L L S PR O J E C T N O : 1 6 3 SH E E T : A n d e r s o n - W e b b e r P o o l H o u s e 1 7 7 5 F o x S t r e e t O r o n o , M N 5 5 3 9 1 © J a m e s M c N e a l A r c h e c t u r e & D e s i g n , L L C T H E S E A R C H I T E C T U R A L P L A N S A N D T H E H O M E C O N S T R U C T E D P U R S U A N T T O T H E P L A N S A R E T H E E X C L U S I V E C O P Y R I G H T E D P R O P E R T Y O F J A M E S M c N E A L A R C H I T E C T U R E & D E S I G N , L L C A N D A R E P R O T E C T E D B Y U N I T E D S T A T E S C O P Y R I G H T L A W . A N Y U N A U T H O R I Z E D U S E O F T H E S E P L A N S I S S T R I C T L Y P R O H I B I T E D . C o p y r i g h t © 2 0 1 8 1 5 0 4 0 2 3 r d A v e n u e N o r t h P l y m o u t h , M N 5 5 4 4 7 8 7 7 - 7 9 6 - J M A D w w w . J a m e s M c N e a l A r c h i t e c t u r e A n d D e s i g n . c o m IS S U E : 8/ 2 0 / 2 0 - P E R M I T S E T PL A N S 7 0 7 0 71 7 1 A S P H A L T S H I N G L E , T Y P S T U C C O 5 / 4 x 4 1 / 2 R A K E , P A I N T T O M A T C H W D W , T Y P R I D G E V E N T , T Y P POOL MECH/STORPOOL BATH 1216RUBBER ROOFING(1/4" PER 1'-0" SLOPE)FLASHING20" FLAT ROOF TRUSSES20'-1 1/8"POOL HOUSE T.O. SLAB POOL BAR 1216 R U B B E R R O O F I N G ( 1 / 4 " P E R 1 ' - 0 " S L O P E ) F L A S H I N G W / F L A S H I N G T A P E 20" FLAT ROOF TRUSSES 7'-11 1/2"7'-11 1/2"5'-6"5'-6"POOL HOUSE T.O. FOOTER 9 1/4"7 1/4"9 1/4"7 1/4" C O L L E C T I O N B O X W I T H D O W N S P O U T 8'-4 1/2"10'-1 1/8"POOL HOUSE T.O. SLAB POOL HOUSE TOP PLATE @ FLAT ROOFPOOL HOUSE T.O. FOOTER 4'-2"POOL HOUSE TOP PLATE @ GABLEWINDOW HEADER HEIGHT8'-0 1/2"DOOR HEADER HEIGHT7'-0 1/2"WINDOW HEADER HEIGHT18'-0"POOL HOUSE T.O. FOOTER 8'-4 1/2"10'-1 1/8"POOL HOUSE T.O. SLAB POOL HOUSE TOP PLATE @ FLAT ROOFPOOL HOUSE T.O. FOOTER 4'-2"POOL HOUSE TOP PLATE @ GABLEWINDOW HEADER HEIGHT8'-0 1/2"DOOR HEADER HEIGHT7'-0 1/2"WINDOW HEADER HEIGHT18'-0"POOL HOUSE T.O. FOOTER 8'-4 1/2"10'-1 1/8"POOL HOUSE T.O. SLAB POOL HOUSE TOP PLATE @ FLAT ROOFPOOL HOUSE T.O. FOOTER 4'-2"POOL HOUSE TOP PLATE @ GABLEWINDOW HEADER HEIGHT8'-0 1/2"DOOR HEADER HEIGHT7'-0 1/2"WINDOW HEADER HEIGHT18'-0"BUILDING SECTIONSCALE: 1/4"=1'-0"8'-0" G R I L L S U R R O U N D G R I L L S U R R O U N D BACK ELEVATIONSCALE: 1/4"=1'-0" S I D E E L E V A T I O N 1 S C A L E : 1 / 4 " = 1 ' - 0 " FRONT ELEVATIONSCALE: 1/4"=1'-0" S I D E E L E V A T I O N 2 S C A L E : 1 / 4 " = 1 ' - 0 " GARAGE DOOR 1'-0"8'-11 1/2"1216 1216 1216 12169'-0"1'-2 1/8"8'-3"1'-0"8'-11 1/2"5'-0"3'-0"PLANTER BOX P L A N T E R B O X 9'-0"1'-10" L I G H T F I X T U R E R I D G E V E N T , T Y P 8 " 6 1/2" 5 / 4 x 4 W O O D T R I M O N 5 / 4 x 1 2 5 / 4 x 4 W O O D T R I M , P A I N T E D 1 x 4 W O O D T R I M , P A I N T E D W O O D T R I M , P A I N T E D 5 / 4 x 1 4 W O O D T R I M , P A I N T E D W I T H M E T A L F L A S H I N G O N T O P E D G E H A R D I P A N E L , P A I N T E D C O L L E C T I O N B O X 4 " D E C O R A T I V E E I F S T R I M B A N D C O R B E L , T U S C A N S T O N E W O R X O R S I M T O P O F E I F S A T S T U C C O , T Y P C U T S T O N E S U R R O U N D 3'-6" 6 " 8 ' - 0 " 6 " 3'-0" 2 0 " F L A T R O O F T R U S S E S 5 / 4 x 4 W O O D T R I M O N 5 / 4 x 1 2 1 x 4 W O O D T R I M , P A I N T E D W O O D T R I M , P A I N T E D 5 / 4 x 1 4 W O O D T R I M , P A I N T E D W I T H M E T A L F L A S H I N G O N T O P E D G E H A R D I E P A N E L , P A I N T E D C O L L E C T I O N B O X 2 x 4 W O O D T R I M , P A I N T E D P A I N T E D W I T H M E T A L F L A S H I N G M E T A L F L A S H I N G T O M A T C H T R I M C O L O R 1 " ( A N G L E T O P 1 / 2 " ) x 2 " W O O D T R I M , T Y P I C A L H A R D I E W A L L : - H A R D I E P A N E L S I D I N G - D R A I N A G E S Y S T E M - ( 2 ) " D " G R A D E P A P E R - 1 / 2 " P L Y W O O D S H E A T H I N G - 2 x 6 S T U D S @ 1 6 " O . C . - C L O S E D - C E L L S P R A Y F O A M , F U L L C A V I T Y . R V A L U E = 2 1 - 6 M I L P O L Y V . B . , S E A L P E N E T R A T I O N S - 1 / 2 " G Y P S U M B O A R D T Y P . F L O O R S L A B : - 4 " C O N C . F L O O R S L A B - 2 L A Y E R S 6 M I L P O L Y V A P O R B A R R I E R W / T A P E D A N D L A P P E D J O I N T S - 2 " R I G I D I N S U L A T I O N E X T E N D E D U N D E R S L A B , T Y P . - 8 " M I N . R I V E R R O C K - D R A I N T O I N T E R I O R D R A I N T I L E R - 4 9 I N S U L A T I O N 8'-4 1/2"4'-2" W A L L S E C T I O N S C A L E : 1 " = 1 ' - 0 " R6 1/2" T O P O F F L A S H I N G A T H A R D I E P A N E L , T Y P A S P H A L T S H I N G L E , T Y P F L A S H I N G W / F L A S H I N G T A P E 10'-7 5/16" L I G H T F I X T U R E P R O J E C T N O : 1 6 3 S H E E T : Anderson-Webber Pool House 1775 Fox Street Orono, MN 55391 © James McNeal Archecture & Design, LLC THESE ARCHITECTURAL PLANS AND THE HOME CONSTRUCTED PURSUANT TO THE PLANS ARE THE EXCLUSIVE COPYRIGHTED PROPERTY OF JAMES McNEAL ARCHITECTURE & DESIGN, LLC AND ARE PROTECTED BY UNITED STATES COPYRIGHT LAW. ANY UNAUTHORIZED USE OF THESE PLANS IS STRICTLY PROHIBITED. Copyright © 2018 15040 23rd Avenue North Plymouth, MN 55447 877-796-JMAD www.JamesMcNealArchitectureAndDesign.com I S S U E : 8 / 2 0 / 2 0 - P E R M I T S E T E L E V A T I O N S / S E C T I O N S 72 7 2 L I N E N 2 6 7 0 P O O L H O U S E C L G V A U L T E D 9 ' - 0 " x 8 ' - 0 " O V E R H E A D D R . 2 6 7 0 CLG @ 8'-4 1 /2" CLG @ 8'-4 1 /2" H E A T E D T I L E F L O O R 2 6 7 0 STORAGE B A R C L G V A U L T E D H E A T E D T I L E F L O O R 2 6 7 0 P O O L B A T H H E A T E D T I L E F L O O R C L G @ 8 ' - 4 1 / 2 " S T O R / E Q U I P C O N C F L O O R C L G @ 8 ' - 6 1 / 2 " BOXED BEAM @ 8'-3" A.F.F. BOXED BEAM @ 8'-3" A.F.F. BOXED BEAM @ 8'-3" A.F.F. BOXED BEAM @ 8'-3" A.F.F. W I N D O W P L A N T E R B O X GRILL STORAGE P O O L - B Y L A N D S C A P E R S T O O P 5 ' - 6 " 1 6 ' - 0 " 5 ' - 6 " 8 ' - 0 " 8 ' - 0 " 2 7 ' - 0 " 25'-0" 2'-0"21'-0"2'-0" 25'-0" 2'-0"21'-0"2'-0" 11'-2"9'-10" BOXED RIDGE BEAM 2 7 ' - 0 " 5 ' - 6 " 1 6 ' - 0 " 5 ' - 6 " 3 ' - 1 1 1 / 2 " 1 ' - 6 1 / 2 " 8 ' - 0 " 8 ' - 0 " 1 ' - 6 1 / 2 " 3 ' - 1 1 1 / 2 " 11'-3"13'-9" U N E X C A V A T E D 4 " C O N C R E T E S L A B W / O N G R A D E 8" 9'-0"4'-0" HEATED TILE FLOOR HEATED TILE FLOOR 2 " R I G I D I N S U L A T I O N 1'-8" 4" 20'-8"2'-0" 24'-8" 1 ' - 1 0 " 3 ' - 4 " 3 ' - 4 " 1 ' - 1 0 " 2 6 ' - 8 " 6" 4" 1'-8"4" 20'-8"2'-0" 24'-8" 5 ' - 6 " 1 5 ' - 8 " 5 ' - 6 " 2 6 ' - 8 " F O U N D A T I O N P L A N S C A L E : 1 / 4 " = 1 ' - 0 " E S W N P O O L H O U S E P L A N S C A L E : 1 / 4 " = 1 ' - 0 " S Q U A R E F O O T A G E S : P O O L L E V E L : 5 6 4 S F P O O L M E C H A N I C A L / S T O R A G E / E Q U I P : 6 7 S F P O O L M E C H / S I N K 2 1 / 2 " 1 ' - 9 1 / 4 " 7 1 / 4 " 9 ' - 1 0 " 7 1 / 4 " 1 ' - 9 1 / 4 " 2 1 / 2 " D R O P F L O O R 2 " M E C H R O O M D R O P F L O O R 2 " 5 ' - 6 " 4 " 1 5 ' - 8 " 4 " 5 ' - 6 " 2'-0"4" 4"2'-0" 6" 4" 4" 6" 2 x 6 W / S H E A T H I N G , O V E R H A N G 2 " 1 0 " P O U R E D C O N C R E T E W A L L 1 4 " P O U R E D C O N C R E T E W A L L F D 2x6 2x6 S H E L V E S S H E L V E S 1 1 1 1 S E P T I C S E T B A C K S E P T I C S E T B A C K 2 " 6 " 6"9'-0" 2 ' - 6 " 6" 2" 7'-8" 2" 6" S O U N D P R O O F W A L L S N O T E S : - A L L I N T E R I O R D I M E N S I O N S A R E T O F A C E O F S T U D W A L L U N L E S S O T H E R W I S E N O T E D . - A L L D O O R S T O H A V E A 4 1 / 2 " S H O U L D E R U N L E S S O T H E R W I S E N O T E D . - A L L B O X E D B E A M S T O B E S T A I N E D W H I T E O A K W I T H M I T E R E D J O I N T S . - A L L I N T E R I O R S T U D W A L L S A R E 2 x 4 U N L E S S O T H E R W I S E N O T E D . - A L L E X T E R I O R S T U D W A L L S A R E 2 x 6 U N L E S S O T H E R W I S E N O T E D . - A L L B A S E T R I M T O B E " B H 2 4 1 0 " P A I N T E D T O M A T C H W A L L S U N L E S S O T H E R W I S E N O T E D . - A L L W I N D O W H E A D E R H E I G H T S D I M E N S I O N E D F R O M T O P O F S L A B . - A L L I N T E R I O R D O O R S T O H A V E D R Y W A L L R E T U R N S U N L E S S O T H E R W I S E N O T E D . - A L L E X T E R I O R D O O R S & W I N D O W S T O H A V E D R Y W A L L R E T U R N S U N L E S S O T H E R W I S E N O T E D . - S O U N D P R O O F W A L L S P E R P L A N - A L L E X T E R I O R D I M E N S I O N S A R E T O E X T E R I O R F A C E O F - A L L E X T E R I O R D I M E N S I O N S A R E T O E X T E R I O R F A C E F O U N D A T I O N U N L E S S O T H E R W I S E N O T E D . O F S H E A T H I N G U N L E S S O T H E R W I S E N O T E D . P A T I O P O O L H O U S E T O B E C E N T E R E D W I T H P O O L G A S ROOF PLAN SCALE: 1/4"=1'-0"16:12RIDGE VENT16:12 FLAT ROOF(1/4" PER 1'-0" SLOPE)RUBBER MEMBRANE1'-0" OH2" OH 6" OH 6" OH FLAT ROOF(1/4" PER 1'-0" SLOPE)RUBBER MEMBRANE6" OH 6" OH 21'-0"2'-0"2'-0"25'-0"5'-6"16'-0"5'-6"27'-0"5'-6"16'-0"5'-6"27'-0"2'-0"21'-0"2'-0"25'-0"1'-0" OH 1'-0" OH2" OH1'-0" OH6" OH6" OH EXTERIOR OFSHEATHING BELOW 6 " 2 ' - 0 " 6" 2 x 6 W / S H E A T H I N G , O V E R H A N G 2 " 7 1 / 2 " 2 ' - 8 " 7 1 / 2 " 2 ' - 8 " 3 ' - 3 " 9 ' - 2 " 3 ' - 3 " 9'-8"2'-8"8'-4" 8'-3" 7" 2'-8"8'-4" 8'-3"11'-7" 5 ' - 4 1 / 4 " 6 " 1 4 ' - 1 1 1 / 2 " 6 " 5 ' - 4 1 / 4 " S O U N D P R O O F W A L L S P R O J E C T N O : 1 6 3 S H E E T : Anderson-Webber Pool House 1775 Fox Street Orono, MN 55391 © James McNeal Archecture & Design, LLC THESE ARCHITECTURAL PLANS AND THE HOME CONSTRUCTED PURSUANT TO THE PLANS ARE THE EXCLUSIVE COPYRIGHTED PROPERTY OF JAMES McNEAL ARCHITECTURE & DESIGN, LLC AND ARE PROTECTED BY UNITED STATES COPYRIGHT LAW. ANY UNAUTHORIZED USE OF THESE PLANS IS STRICTLY PROHIBITED. Copyright © 2018 15040 23rd Avenue North Plymouth, MN 55447 877-796-JMAD www.JamesMcNealArchitectureAndDesign.com I S S U E : 8 / 2 0 / 2 0 - P E R M I T S E T P L A N S 73 7 3 MINUTES OF THE ORONO PLANNING COMMISSION October 19, 2020 6:00 o’clock p.m. 2. LA20-000059 HENDEL HOMES, 1775 FOX STREET, CONDITIONAL USE PERMIT (Staff: Melanie Curtis) Steve Kothman O/B/O Hendel Homes, Applicant, was present. Staff presented a summary of packet information. The applicant is requesting a conditional use permit (CUP) to install a full bathroom including a shower, in a new pool house. Planning Department Staff recommends approval of the CUP conditioned upon the property owners’ agreement to the filing of the standard restrictive covenant against the property regarding the building’s use. Ressler asked for clarification if any of these applications go before the City Engineer for review in case of environmental concerns or impact regarding the installation of an auxiliary shower and full bathroom. Ms. Curtis replied the City Engineer would not review it regarding the plumbing itself, and the septic system is sized based on bathroom number in the home and the toilet and sink are an allowed use; however, the shower requires a CUP due to the intensified use of the building. She noted there are no concerns that have been expressed about the installation. Ressler asked if this project will hook up to existing septic. Ms. Curtis answered in the affirmative, stating it will hook up to the existing septic system for the home. Mr. Steve Kothman, Senior Project Manager for Hendel Homes, stated it is a pool house conforming to the hardscape areas and falls within the setback lines of the flood plain and other areas. Chair Ressler opened the public hearing at 6:11 p.m. Chair Ressler closed the public hearing at 6:11 p.m. Libby thinks Ressler’s question about the services is valuable and important but he does not see anything other than agreement on his part as Staff recommendation seems prudent and well thought out. He noted the designs look in keeping with good fit and finish. Chair Ressler agrees with Staff’s opinion recommending approval. He asked if anyone else has an opinion. Kirchner asked just below the proposed pool house it appears there is a future septic area and asked if that is part of this project or if that plan is for the future. Ms. Curtis noted that is the alternate septic site should it be needed and the setback to the actual treatment area of the mound is 20 feet, which the building complies with. Kirchner moved, Gettman seconded, to approve LA20-000059, 1775 Fox Street, Conditional Use Permit, contingent upon City Staff’s recommendation that it is not used for a home, dwelling or leased/rented as a dwelling. VOTE: Ayes 6, Nays 0. 74 74 Date Application Received: 08/20/2020 Date Application Considered as Complete: 09/23/2020 60-Day Review Period Expires: 11/22/2020 To: Chair Ressler and Planning Commission Members Dustin Rief, City Administrator From: Melanie Curtis, Planner mcc Date: 19 October 2020 Subject: #LA20-000059, Hendel Homes o/b/o Casey Webber & Sydney Anderson, 1775 Fox Street CUP Public Hearing Background The applicant wishes to install full bathroom facilities in a 630 square foot pool house building to be on the property. A conditional use permit is required due to the proposed shower. Applicable Regulations: Plumbing in the Accessory Building CUP (Section 78-418(6)) The proposed pool house building is permitted. The applicant’s request to install a bathroom with full bathing facilities requires a CUP. The building is a conforming size, and proposed in a conforming location. Applicable Regulation: Conditional Use Permit (Section 78-916) The Planning Commission may recommend and the Council may grant a Conditional Use Permit (CUP) as the use permit was applied for or in modified form. On the basis of the application and the evidence submitted, the city must find that the proposed use at the proposed location is or will be: 1) Consistent with the community management plan; The proposed use is residential in nature and residential use is consistent with the CMP guiding for this neighborhood. 2) Compliant with the zoning code, including any conditions imposed on specific uses as required by article V, division 3 of the City Code; The proposed accessory building improvement including the plumbing fixtures are compliant with the zoning ordinance. 3) Adequately served by police, fire, roads, and stormwater management; The proposed use will be adequately served by existing services and facilities. Application Summary: The applicant is requesting a conditional use permit to install a full bathroom, including shower, in a new pool building. Staff Recommendation: Planning Department Staff recommends approval. 75 75 FILE # LA20-000059 19 Oct 2020 Page 2 of 3 4) Provided with an adequate water supply and sewage disposal system; The property is served by a private septic system and private well. This criterion is met. 5) Not expected to generate excessive demand for public services at public cost; This criterion is met. 6) Compatible with the surrounding area as the area is used both presently and as it is planned to be used in the future; The proposed pool house building is residential in character and its use is expected to be compatible with the surrounding area. 7) Consistent with the character of the surrounding area, unless a change of character is called for in the community management plan; The pool building including plumbing is residential in visual character and is expected to be compatible with the house on the property and the surrounding area. 8) Compatible with the character of buildings and site improvements in the surrounding area, unless a change of character is called for in the community management plan; The architectural styling of the proposed pool building is expected to be residential- looking in character and consistent with that of the principal structure on the Property. 9) Not expected to substantially impair the use and enjoyment of the property in the area or have a materially adverse impact on the property values in the area when compared to the impairment or impact of generally permitted uses; The use of the pool house building which includes plumbing is not expected to have any adverse impacts. No information has been presented to indicate such. 10) Provided with screening and buffering adequate to mitigate undesirable views and activities likely to disturb surrounding uses; The pool house building will be situated in a conforming location and will not be significantly visible when viewed from off the Property on the street side, and the views from the neighbors will be screened by existing vegetation and the physical separation. In the opinion of staff, additional screening or buffering is not necessary. 11) Not create a nuisance which generates smoke, noise, glare, vibration, odors, fumes, dust, electrical interference, general unsightliness, or other means; The proposed pool house building with plumbing is not expected to cause any of these undesirable impacts. 12) Not cause excessive non-residential traffic on residential streets, parking needs that cause a demonstrable inconvenience to adjoining properties, traffic congestion, or unsafe access; It is anticipated that the proposed building will not generate any of these undesirable issues. 13) Designed to take into account the natural, scenic, and historic features of the area and to minimize environmental impact; The proposed building has been visually designed to conform to the residence on the property, and will not have a negative environmental impact. 14) All exterior lighting shall be so directed so as not to cast glare toward or onto the public right-of-way or neighboring residential uses or districts; Applicants are hereby advised of this requirement; and 15) Not detrimental to the public health, public safety, or general welfare. This criterion is met. A CUP may be granted subject to such conditions as the Council may prescribe. Further approval shall be granted only when the following criteria are met: 76 76 FILE # LA20-000059 19 Oct 2020 Page 3 of 3 1. The council finds that the proposed use of the accessory building with a shower will not be detrimental to the residential character of the neighborhood. 2. The council finds that the plumbing fixtures proposed are in keeping with the applicants’ intended use of the accessory building. 3. The property owner agrees to the filing of a covenant in the title of the property providing that the accessory building will not be: a. Used for a home occupation unless specifically approved by the city or if allowed by this Code. b. Used as a dwelling unless a guest house conditional use permit is obtained. c. Rented, leased or otherwise provided for use as a dwelling under any circumstances. Additionally, a CUP shall remain in effect as long as the conditions imposed by the City Council are observed, but nothing in this section shall prevent the city from enacting or amending official controls to change the status of conditional uses. Public Comments To date, no public comments have been received. Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner as allowed by the Zoning Code? 2. Does the Planning Commission find that the approval, if granted, will not alter the essential character of the neighborhood? 3. Are there any other issues or concerns with this application? Planning Staff Recommendation Staff recommends approval conditioned upon the property owners’ agreement to the filing of a covenant in the title of the property addressing the plumbing, providing that the pool house will not be: 1. Used for a home occupation unless specifically approved by the city or if allowed by this Code. 2. Used as a dwelling unless a guest house conditional use permit is obtained. 3. Rented, leased or otherwise provided for use as a dwelling under any circumstances. List of Exhibits Exhibit A. Application Exhibit B. Proposed Survey Exhibit C. Proposed Plans and Elevations Exhibit D. Hardcover Exhibit E. Property Owners List Exhibit F. Plat Map 77 77 AGENDA ITEM Prepared By: mcc Reviewed By: J.Barnhart Approved By: DJR 1. Purpose. This application is regarding two conditional use permits (CUP): one for a guest house and one for plumbing with a shower in the pool cabana. 2. MN§15.99 Application Deadline. The application was received and considered to be complete on September 22, 2020. Therefore the 60-Day review period expires on November 21, 2020. 3. Background/ Summary. The applicant is proposing to construct a new carriage house with a guest house use on the upper floor; and a pool cabana with a full bathroom. Both uses require conditional use permits. The property is 7.9 acres in area where 2.0 acres is the minimum required. A guest house requires at least 4.0 acres in the RR-1B district. Both buildings will be conforming with respect to size and location. 4. Planning Commission Vote and Comment. On October 19th, the Planning Commission held a public hearing. Following the public hearing the Planning Commission voted 6 to 0 in favor of a motion to approve the requested CUPs contingent upon the property owner signing the appropriate covenants. 5. Public Comment. No comments from the public were received. 6. Staff Recommendation. Staff recommends approval of both CUPs conditioned upon the property owner’s agreement to the filing of the standard covenants in the title of the property. The covenants specify that neither building will not be used for a home occupation, rented, or leased under any circumstances. The pool cabana will not be used as a dwelling unless a guest house conditional use permit is obtained. COUNCIL ACTION REQUESTED Motion to adopt or amend the approval resolution. Exhibits A. Draft Resolution B. Proposed Plans C. Draft PC Minutes D. PC Staff Report References PC Exhibits 10/19/2020 A. Application B. Proposed Survey C. Proposed Plans and Elevations D. Property Owners List E. Plat Map Item No.: 14 Date: November 9, 2020 Item Description: LA20-000064 – John Kraemer & Sons, 320 Woodhill Road, Plumbing CUP, Guest House CUP – Resolution Presenter: Melanie Curtis Planner Agenda Section: Consent Agenda 78 78 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 1 A RESOLUTION APPROVING CONDITIONAL USE PERMITS PURSUANT TO MUNICIPAL ZONING CODE SECTIONS 78-418(2) + 78-412(6) FILE NO. LA20-000064 WHEREAS, on September 22, 2020, John Kraemer (hereinafter the “Applicant”), on behalf of the Owner, Gina Paulucci, applied for conditional use permits pursuant to the City Code for the property addressed 320 Woodhill Road and legally described as: CERTIFICATE OF TITLE NO. 1064830 Par 1: Lots 1 and 2, Block 1, Edgewood Place, Par 2: Tract I, Registered Land Survey No. 1098, Hennepin County, Minnesota Subject to drainage and utility easements as shown on plat; (as to Par 1) The boundary lines of which have been established by Judicial Landmarks as shown on Plat of Survey and certification as to location thereof filed October 29, 1963 in Torrens Case No. 15271 in the District Court Fourth Judicial District, Hennepin County, Minnesota; (as to Pars 1 and 2) NOTE: FOR REGISTERED LAND SURVEY NO, 1098 SEE DOCUMENT NO. 747495. THE UNDERLYING DOCUMENT FOR LOTS 1 AND 2, BLOCK 1, EDGEWOOD PLACE IS TRACT A, REGISTERED LAND SURVEY NO. 1098 (hereinafter the “Property”); WHEREAS, the Applicant has made application to the City of Orono for a conditional use permit pursuant to Orono Municipal Zoning Code Section 78-418(2) to allow a guest house use within a carriage house/garage; and WHEREAS, the Applicant has also made application to the City of Orono for a conditional use permit pursuant to Orono Municipal Zoning Code Section 78-418(6) to allow the provision of a shower or bathtub in the bathroom of a pool cabana; and WHEREAS, on October 19, 2020, after published and mailed notice in accordance with Minnesota Statutes and the City Code, the Planning Commission held a public hearing, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, on October 19, 2020, the Planning Commission recommended approval of the conditional use permits for both buildings; and WHEREAS, on November 9, 2020, the City Council reviewed the application and the recommendations of the Planning Commission and City staff; and 79 79 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 2 NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves the requested conditional use permits 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 #LA20-000064. The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the above mentioned meetings, and any and all other materials distributed at these meetings are hereby incorporated by reference. 2. The Property is located in the RR-1B One Family Rural Residential Zoning District. 3. The Property contains 7.9 acres in area and has a defined lot width of over 200-feet. 4. Applicant has applied for the following: a. Conditional Use Permit for a Guest House use b. Conditional Use Permit to allow a bathtub or shower within an accessory pool cabana. 5. In considering this application for the conditional use permits, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed conditional use permits 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. CONDITIONAL USE PERMIT ANALYSIS: On the basis of the application and the evidence submitted, the city must find that the proposed guest house use and plumbing including a shower within an accessory pool cabana on the Property is or will be: 1) Consistent with the community management plan; The proposed uses are residential in nature and residential use is consistent with the CMP guiding for this neighborhood. 2) Compliant with the zoning code, including any conditions imposed on specific uses as required by article V, division 3 of the City Code; The proposed accessory building improvements including the uses and plumbing fixtures are compliant with the zoning ordinance. 80 80 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 3 3) Adequately served by police, fire, roads, and stormwater management; The proposed uses will be adequately served by existing services and facilities. 4) Provided with an adequate water supply and sewage disposal system; The Property is served by sewer and a private well. This criterion is met. 5) Not expected to generate excessive demand for public services at public cost; This criterion is met. 6) Compatible with the surrounding area as the area is used both presently and as it is planned to be used in the future; The proposed pool cabana and guest house are residential in character and their use is expected to be compatible with the surrounding area. 7) Consistent with the character of the surrounding area, unless a change of character is called for in the community management plan; The pool cabana with plumbing and guest house are residential in visual character and are expected to be compatible with the principal building on the Property and the surrounding area. 8) Compatible with the character of buildings and site improvements in the surrounding area, unless a change of character is called for in the community management plan; The architectural styling of the proposed cabana and guest house are expected to be residential-looking in character and consistent with that of the principal building on the Property. 9) Not expected to substantially impair the use and enjoyment of the property in the area or have a materially adverse impact on the property values in the area when compared to the impairment or impact of generally permitted uses; The proposed uses are not expected to have any adverse impacts. No information has been presented to indicate such. 10) Provided with screening and buffering adequate to mitigate undesirable views and activities likely to disturb surrounding uses; The pool cabana and guest house will be situated in conforming locations and will not be significantly visible when viewed from off the Property, and the views from the neighbors will be screened by existing vegetation and the physical separation. Additional screening or buffering is not required. 11) Not create a nuisance which generates smoke, noise, glare, vibration, odors, fumes, dust, electrical interference, general unsightliness, or other means; The proposed buildings are not expected to cause any of these undesirable impacts. 81 81 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 4 12) Not cause excessive non-residential traffic on residential streets, parking needs that cause a demonstrable inconvenience to adjoining properties, traffic congestion, or unsafe access; It is anticipated that the proposed buildings will not generate any of these undesirable issues. 13) Designed to take into account the natural, scenic, and historic features of the area and to minimize environmental impact; The proposed buildings have been visually designed to conform to the residence on the Property, and will not have a negative environmental impact. 14) All exterior lighting shall be so directed so as not to cast glare toward or onto the public right-of-way or neighboring residential uses or districts; The Applicant is hereby advised of this requirement; and 15) Not detrimental to the public health, public safety, or general welfare. This criterion is met. The conditional use permits may be granted subject to such conditions as the Council may prescribe. Further approval shall be granted only when the following criteria are met: 1. Regarding the guest house CUP, the lot is at least two times the minimum lot area required by this the RR-1B district; and 2. The guest house is for the sole use of the occupants of the principle dwelling, including their domestic employees and nonpaying guests. 3. The council finds that the proposed use of the pool cabana with a shower will not be detrimental to the residential character of the neighborhood. 4. The council finds that the plumbing fixtures proposed in the cabana are in keeping with the applicants’ intended use of the accessory building. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants conditional use permits pursuant to Orono Municipal Zoning Code Section 78-418(2) to allow a guest house use within a carriage house/garage; and Section 78-418(6) to allow the provision of a shower or bathtub in the bathroom of a pool cabana, subject to the following conditions: 1. Council approval is based on the entire record, above Findings. 82 82 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 5 2. The approved project shall conform to the survey dated 08/28/2020 and building plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibits A & 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. Authorities granted by this resolution run with the Property not with the Owner, 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 approvals will expire on that date (November 9, 2021). 5. The Owner hereby agrees to this covenant providing that the neither accessory building will be: a. Used for a home occupation unless specifically approved by the city or if allowed by this Code. b. Used as a dwelling unless a guest house conditional use permit is obtained. c. Rented, leased or otherwise provided for use as a dwelling under any circumstances. 5. Additionally, the conditional use permits shall remain in effect as long as the conditions imposed by the City Council are observed, but nothing in this section shall prevent the city from enacting or amending official controls to change the status of conditional uses. 6. 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 9th day of November, 2020. ATTEST: CITY OF ORONO: _______________________________ ________________________________ Anna Carlson, City Clerk Dennis Walsh, Mayor 83 83 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 6 ______________________________ Gina J. Paulucci, Property Owner STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this ___ day of ___________, 20___, by _________, _______ of ____________. ____________________________________ Notary Public 84 84 Pr o p o s e d C a b a n a Pr o p o s e d C a r r i a g e Ho u s e / G u e s t H o u s e 8 5 8 5 3 2 x 7 0 r a t e d w o o d d o o r Po t t i n g R o o m - C o n c . w / e p o x y f i n i s h En t r y / S t a i r s - C o n c . w / e p o x y f i n i s h Ga r a g e - C o n c . w / e p o x y f i n i s h ± 7 ' - 1 0 1 2 " w . x 6 ' - 1 1 " h . o . h . d o o r t o b e r e - u s e d f r o m e x i s t . s h e d 10 ' - 2 " 38 ' - 6 " 1' - 6 " 54 ' - 0 1 4 " 1 2 ' - 0 " 2 4 ' - 0 " ± 6 ' - 2 1 8 " ( d i m . b a s e d o n e x i s t . t u r r e t t o b e r e u s e d ) 1 2 ' - 0 " 1 5 ' - 7 3 8 " ± 1 4 ' - 6 3 4 " ( d i m . b a s e d o n e x i s t . t u r r e t r o o f t o b e r e u s e d ) 4' - 4 " 1 ' - 9 " ± R 7 ' - 1 1 1 8 "3' - 7 1 8 " ± 5 3 ' - 9 1 8 " 38 ' - 1 1 4 " ± 1 5 ' - 7 7 8 " (d i m . b a s e d o n e x i s t . t u r r e t r o o f t o b e r e u s e d ) 2' - 0 " 9' - 0 " 1' - 8 " 9' - 0 " 1' - 7 " 2' - 6 1 4 " UC A 2 4 4 8 3 W 2 x 1 0 2 x 1 0 P a i r o f 3 0 x 7 0 c u s t o m w o o d d o o r s - s e e e x t . e l e v s 3' - 1 0 1 4 " U C A 2 4 4 8 2 W Tr e n c h dr a i n 10 ' - 2 " 1 1 ' - 0 1 8 " 10 " s q . w r a p p e d p o s t s - se e e x t . e l e v s f o r n o t e s - 1 1 2 " b e y o n d o u t s i d e f a c e of s h e a t h i n g 3 0 ra t e d 1 2 ' - 0 " 8 ' - 3 1 4 " 3 ' - 8 3 4 " 2 x 6 2x 6 Tr e n c h dr a i n Tr e n c h dr a i n Tr e n c h d r a i n P i t c h 2 " t o f . d . D i p c o n t r o l j o i n t 1 " @ c e n t e r ( t y p . ) 9' - 0 " w . x 8 ' - 0 " h . o . h . d o o r w/ p e r i m e t e r w e a t h e r s t r i p p i n g Pi t c h 1 2 " fi r s t 5 ' - 0 " Pi t c h 1 1 2 " to f . d . 9' - 0 " w . x 8 ' - 0 " h . o . h . d o o r w/ p e r i m e t e r w e a t h e r s t r i p p i n g 9' - 0 " w . x 8 ' - 0 " h . o . h . d o o r w/ p e r i m e t e r w e a t h e r s t r i p p i n g D i p c o n t r o l j o i n t 1 " @ c e n t e r ( t y p . ) 3 0 Up 1 7 R ± 4 2 ' - 2 1 8 " 10 " 4 2 ' - 2 1 8 " 3' - 0 1 4 " ± 6 ' - 6 " w a l l h g t 2 A9 1 A5 1 A7 1 A6 1 A8 2 A9 1 A9 1 A9 2 4 ° 16° 8 ° Cl g b d di r e c t i o n Ou t s i d e f a c e o f up p e r l e v e l sh e a t h i n g a b v . sh o w n d a s h e d Ou t s i d e f a c e o f u p p e r le v e l s h e a t h i n g a b v . sh o w n d a s h e d Eq . . 4 ' - 7 1 8 " Ri s e r s a b v . sh o w n d a s h e d U C A 2 4 4 8 4 W . 22 . 5 ° 75 ° UC A 24 6 4 - he a d @ 9' - 1 " a b v . sl a b Se e U p p e r Le v e l P l a n f o r wn d w n o t e s P i t c h 2 " t o f . d . Cu r t a i n f o r c a r wa s h i n g - i n t a l l FR P b o a r d @ e n t i r e st a l l w / p o w e r f a n 6" m i n . t r e a d d e p t h @ i n s i d e ed g e , 1 0 " m i n . t r e a d d e p t h 1' - 0 " f r o m i n s i d e e d g e Ve r i f y w / e x i s t . tu r r e t r o o f t o be r e - u s e d Di m s t o o u t s i d e fa c e o f s h e a t h i n g 1 0 " Wn d w s s e t 2 " f r o m i n s i d e co r n e r t o a l l o w f o r 1 0 " s q . po s t s @ e x t e r i o r 2 ' - 2 1 4 " 5 ' - 0 " 7 ' - 0 " Br a c k e t s be l o w sh o w n da s h e d P i t c h 2 " t o f . d . P i t c h 2 " t o f . d . Pi t c h 1 1 2 " to f . d . Pi t c h 1 1 2 " to f . d . P i t c h 2 " t o f . d . P i t c h 2 " t o f . d . Pi t c h 2 " to f . d . Pi t c h 1 1 2 " to f . d . Pi t c h 1 1 2 " to f . d . S l o p e d c l g 1' - 8 " 9' - 0 " 1' - 8 " Wo o d t r e a d s w / gy p . b d r i s e r s 3 2 x 7 0 c u s t o m wo o d d o o r - se e e x t . e l e v s 5 ' - 0 " 7 ' - 0 " Ho s e bi b Ho s e bi b 1' - 9 7 8 " Ho s e bi b S h e l v e s Pr o v i d e w i r i n g fo r f u t u r e e l e c t r i c ca r p l u g - i n 1 ' - 1 1 " 2 ' - 4 7 8 " 4" b r i c k ve n e e r w / 1" a i r s p a c e 3 2 x 7 0 c u s t o m w o o d d o o r - s e e e x t . e l e v s 3 2 x 7 0 c u s t o m wo o d d o o r - se e e x t . e l e v s Ra t e d wa l l Ra t e d w a l l S h e l v e s U D H - G 2 2 6 2 0 ( 2 t h u s ) ( 2 ) 2 x 6 90° 4 ' - 4 " 6 ' - 8 1 4 " . E q u a l 4 " b r i c k v e n e e r w / 1 " a i r s p a c e 4" b r i c k ve n e e r w / 1" a i r s p a c e Tr e n c h d r a i n P i t c h 2 " t o f . d . P i t c h 2 " t o f . d . Pi t c h 2 " to f . d . Pi t c h 2 " to f . d . P i t c h 2 " t o f . d . Pi t c h 2 " to f . d . Pi t c h 2 " to f . d . Ou t s i d e f a c e o f up p e r l e v e l sh e a t h i n g a b v . sh o w n d a s h e d Fr o n t E n t r y - V e r i f y m a t ' l w / l a n d s c a p e d e s i g n e r En d o f w a l l t o h a v e 9 0 ° in t e r s e c t i o n t o l a s t r i s e r 4 ' - 6 1 2 " 2x 6 w a l l P i t c h 2 " t o f . d . Be a m - s e e st r u c t u r a l 8 1 2 " 8 1 2 " 1 0 " SH E E T N U M B E R SH E E T T I T L E IS S U E D A T E S TH E S E D R A W I N G S A N D S P E C I F I C A T I O N S H A V E B E E N P R O F E S S I O N A L L Y P R E P A R E D BY M U R P H Y & C O M P A N Y D E S I G N , I N C . A N D A R E T H E E X C L U S I V E P R O P E R T Y O F MU R P H Y & C O M P A N Y D E S I G N , I N C . T H E S E D O C U M E N T S A R E N O T T O B E S H A R E D , RE P R O D U C E D O R U S E D , I N W H O L E O R I N P A R T , W I T H O U T T H E E X P R E S S W R I T T E N CO N S E N T O F M U R P H Y & C O M P A N Y D E S I G N , I N C . ST A G ' S L E A P CA R R I A G E H O U S E 32 0 W O O D H I L L R O A D OR O N O M N 5 5 3 9 1 18 - 1 4 9 SE P T E M B E R 2 3 , 2 0 1 9 [ I N - P R O G R E S S ] NO V E M B E R 2 5 , 2 0 1 9 [ I N - P R O G R E S S ] AP R I L 2 1 , 2 0 2 0 [ P R I C I N G ] AU G U S T 2 4 , 2 0 2 0 [ C O N S T R U C T I O N ] MA I N L E V E L P L A N A2 Sc a l e : 1 4 " = 1 ' - 0 " Ma i n L e v e l P l a n - A l l a n g l e d w a l l s a r e 4 5 d e g r e e s u n l e s s n o t e d o t h e r w i s e - P r o v i d e 4 " Ø d r a i n t i l e - s l e e v e t h r o u g h f o o t i n g s w / p v c a s r e q ' d - A l l d o o r o p e n i n g s & c a s e d o p e n i n g s t o b e s e t a m i n . o f 6 " c l e a r f r o m g y p . b o a r d t o e d g e o f d o o r o r op e n i n g u n l e s s n o t e d o t h e r w i s e - I n t e r i o r d o o r s & c a s e d o p e n i n g s t o b e 7 ' - 0 " h i g h a t m a i n l e v e l a n d 6 ' - 8 " a t u p p e r l e v e l ( u . n . o . ) . - W i n d o w & d o o r n u m b e r s t a k e n f r o m " M a r v i n " w i n d o w s c a t a l o g ( u . n . o . ) - T o p o f t y p . m a i n l e v e l w i n d o w / d o o r r o u g h o p e n i n g a t 7 ' - 0 " a b o v e t y p . s l a b , a n d u p p e r l e v e l a t 6 ' - 1 0 " ab v . t y p . s u b f l o o r ( u . n . o . - s e e p l a n ) - V e r i f y w i n d o w & h a r d w a r e c o l o r w / M u r p h y & C o . & o w n e r p r i o r t o o r d e r i n g . - O p e r a t i n g c a s e m e n t w i n d o w s s h o w n i n o p e n p o s i t i o n - s e e p l a n - S e e e x t e r i o r e l e v a t i o n s f o r g r i d p a t t e r n - U n i t s t o b e p r o v i d e d w / 7 8 " i n t e r i o r & e x t e r i o r g r i d s ( s d l ) w / a l u m i n u m s p a c e r b a r - P r o v i d e M u r p h y & C o . w / s h o p d r a w i n g s p r i o r t o o r d e r i n g - A l l w i n d o w s t o b e s e t i n s a s h ( u n l e s s n o t e d o t h e r w i s e ) . - " T h i n f r a m e " a s n o t e d o n p l a n s - t o b e a f l a t f r a m e d w a l l u s i n g t i m b e r s t r a n d l s l s t u d s - A l l w a l l s t h a t c o n t a i n p o c k e t d o o r s t o b e 2 x 6 w a l l s u n l e s s n o t e d o t h e r w i s e -A l l d i m e n s i o n s t o o u t s i d e f a c e o f s h e a t h i n g o r c o n c . w a l l s ( u n l e s s n o t e d o t h e r w i s e ) - V e r i f y e x t e r i o r f a u c e t l o c a t i o n s w / o w n e r - W a l l & S o f f i t L e g e n d : I n d i c a t e s d r o p p e d s o f f i t a r e a s - s e e p l a n s , d e t a i l s , o r i n t e r i o r e l e v a t i o n s f o r h e i g h t s ( v e r i f y h e i g h t s n o t i n d i c a t e d w / M u r p h y & C o . ) I n d i c a t e s w o o d f r a m e w a l l ( o r s t e e l f r a m i n g a s r e q ' d f o r c o m b u s t i b l e o f f s e t s ) I n d i c a t e s n e w p o u r e d c o n c r e t e w a l l - s e e d r a w i n g s f o r n o t e s - T i l e s h o w e r a r e a s : - 4 " h i g h t i l e c u r b - G l a s s s h o w e r d o o r ( a p p r o x . s i z e a s n o t e d - v e r i f y a c t u a l s i z e ) - H e a d @ ± 7 ' - 0 " ( v e r i f y w / h e a d s e l e c t i o n & o w n e r ' s b o d y h e i g h t ) - S o a p r e c e s s @ ± 4 8 " a . f . f . ( v e r i f y w / o w n e r ) - L e d g e @ ± 5 6 " a . f . f . ( v e r i f y w / o w n e r ) Ge n e r a l P l a n N o t e s : = 1 , 7 6 0 s q . f t = 1 , 0 0 0 s q . f t = 2 , 7 6 0 s q . f t Ma i n l e v e l a r e a ( i n c l u d i n g S t a i r s ) Up p e r l e v e l a r e a ( i n c l u d i n g S t a i r s ) To t a l a r e a Sq u a r e F o o t a g e C a l c u l a t i o n s : Gr a p h i c S c a l e {S c a l e i n F e e t } 0 3 1 48 1 2 2 N Ca r r i a g e H o u s e P l a n s 8 6 8 6 U C A 2 4 6 4 3 W 2' - 1 1 1 8 " 14 ' - 4 1 2 " ( d o r m e r ) 4' - 6 5 8 " 5' - 4 " 7 ' - 4 " Op e n t o be l o w 8 ' - 8 5 8 " 5 ' - 7 1 4 " ( d o r m e r ) UC A 2 8 7 2 3 W 11 ' - 3 1 4 " 14 ' - 4 1 2 " ( d o r m e r ) 8' - 1 1 8 " U C A 2 4 6 4 2 W UC A 2 4 6 4 - h e a d @ 1' - 1 0 " a b v . u p p e r le v e l s u b f l o o r 2 x 1 0 ± 4 ' - 0 " wa l l h g t ± 4 ' - 0 " wa l l h g t 7 1 4 " m u l l 7 1 4 " m u l l ± 7 ' - 0 5 8 " wa l l h g t 7' - 2 1 4 " 7' - 2 1 4 " ± 1 5 ' - 7 7 8 " (d i m . b a s e d o n e x i s t . t u r r e t r o o f t o b e r e u s e d ) ± 7 ' - 2 3 8 " wa l l h g t 3 ' - 8 " 3 ' - 8 " 8 ' - 4 " 8 ' - 4 " Ou t s i d e f a c e o f ma i n l e v e l sh e a t h i n g sh o w n d a s h e d 1' - 5 1 4 " 52 ' - 3 7 8 " 2' - 1 1 1 8 " 1' - 5 1 4 " 43 ' - 4 3 4 " ± 9 ' - 0 " c l g h g t sh o w n d a s h e d Ou t s i d e f a c e o f ma i n l e v e l sh e a t h i n g sh o w n d a s h e d ± 6 ' - 0 " wa l l h g t ± 1 ' - 5 7 8 " wa l l h g t ± 1 ' - 5 7 8 " wa l l h g t Ou t s i d e f a c e o f do r m e r w a l l a b v . sh o w n d a s h e d ± 3 0 ' - 2 1 8 " ± 1 5 ' - 1 0 1 4 " ( d i m . b a s e d o n e x i s t . t u r r e t r o o f t o b e r e u s e d ) 2 ' - 1 1 3 4 " 2 ' - 7 1 2 " 2 A9 1 A51A7 1 A6 1 A8 2 A9 1 A9 1 A9 Do w n 1 7 R ± 7 ' - 1 3 4 " wa l l h g t UC A 2 8 7 2 . 22 . 5 ° 7 5 ° Po s t s b e l o w sh o w n d a s h e d UC A 24 6 4 - he a d @ 4' - 8 " a b v . up p e r le v e l su b f l o o r St a i r s - W o o d t r e a d s & r i s e r s - 9 ' - 0 " c l g h g t Wn d w s ti g h t t o co r n e r s Wn d w t i g h t to c o r n e r 2 4 ' - 0 " ± 1 ' - 5 7 8 " wa l l h g t UC A 2 8 7 2 3 W 7 1 4 " m u l l 7 1 4 " m u l l ± 7 ' - 0 5 8 " wa l l h g t UC A 2 8 7 2 ± 1 ' - 5 7 8 " wa l l h g t 11 ' - 3 1 4 " 10 ' - 3 1 4 " Ro u g h - i n f o r pl u m b i n g o n l y UC A 2 8 7 2 UC A 2 8 7 2 Fu t u r e w a l l s sh o w n d a s h e d ± 9 ' - 0 " c l g hg t s h o w n da s h e d Ve r i f y m e c h a n i c a l e q u i p . / l o c a t i o n & p r o v i d e f . d . an d / o r p a n b e l o w e q u i p . Ou t s i d e f a c e o f c h i m n e y sh e a t h i n g a b v . s h o w n d a s h e d Wn d w s t i g h t t o do r m e r w a l l s Wn d w s ti g h t t o do r m e r wa l l s St o r a g e R o o m 1 ' - 9 " Pr o v i d e a t t i c ac c e s s 4' - 4 " 1' - 0 " SH E E T N U M B E R SH E E T T I T L E IS S U E D A T E S TH E S E D R A W I N G S A N D S P E C I F I C A T I O N S H A V E B E E N P R O F E S S I O N A L L Y P R E P A R E D BY M U R P H Y & C O M P A N Y D E S I G N , I N C . A N D A R E T H E E X C L U S I V E P R O P E R T Y O F MU R P H Y & C O M P A N Y D E S I G N , I N C . T H E S E D O C U M E N T S A R E N O T T O B E S H A R E D , RE P R O D U C E D O R U S E D , I N W H O L E O R I N P A R T , W I T H O U T T H E E X P R E S S W R I T T E N CO N S E N T O F M U R P H Y & C O M P A N Y D E S I G N , I N C . ST A G ' S L E A P CA R R I A G E H O U S E 32 0 W O O D H I L L R O A D OR O N O M N 5 5 3 9 1 18 - 1 4 9 SE P T E M B E R 2 3 , 2 0 1 9 [ I N - P R O G R E S S ] NO V E M B E R 2 5 , 2 0 1 9 [ I N - P R O G R E S S ] AP R I L 2 1 , 2 0 2 0 [ P R I C I N G ] AU G U S T 2 4 , 2 0 2 0 [ C O N S T R U C T I O N ] UP P E R L E V E L P L A N A3 Sc a l e : 1 4 " = 1 ' - 0 " Up p e r L e v e l P l a n - A l l a n g l e d w a l l s a r e 4 5 d e g r e e s u n l e s s n o t e d o t h e r w i s e - P r o v i d e 4 " Ø d r a i n t i l e - s l e e v e t h r o u g h f o o t i n g s w / p v c a s r e q ' d - A l l d o o r o p e n i n g s & c a s e d o p e n i n g s t o b e s e t a m i n . o f 6 " c l e a r f r o m g y p . b o a r d t o e d g e o f d o o r o r op e n i n g u n l e s s n o t e d o t h e r w i s e - I n t e r i o r d o o r s & c a s e d o p e n i n g s t o b e 7 ' - 0 " h i g h a t m a i n l e v e l a n d 6 ' - 8 " a t u p p e r l e v e l ( u . n . o . ) . - W i n d o w & d o o r n u m b e r s t a k e n f r o m " M a r v i n " w i n d o w s c a t a l o g ( u . n . o . ) - T o p o f t y p . m a i n l e v e l w i n d o w / d o o r r o u g h o p e n i n g a t 7 ' - 0 " a b o v e t y p . s l a b , a n d u p p e r l e v e l a t 6 ' - 1 0 " ab v . t y p . s u b f l o o r ( u . n . o . - s e e p l a n ) - V e r i f y w i n d o w & h a r d w a r e c o l o r w / M u r p h y & C o . & o w n e r p r i o r t o o r d e r i n g . - O p e r a t i n g c a s e m e n t w i n d o w s s h o w n i n o p e n p o s i t i o n - s e e p l a n - S e e e x t e r i o r e l e v a t i o n s f o r g r i d p a t t e r n - U n i t s t o b e p r o v i d e d w / 7 8 " i n t e r i o r & e x t e r i o r g r i d s ( s d l ) w / a l u m i n u m s p a c e r b a r - P r o v i d e M u r p h y & C o . w / s h o p d r a w i n g s p r i o r t o o r d e r i n g - A l l w i n d o w s t o b e s e t i n s a s h ( u n l e s s n o t e d o t h e r w i s e ) . - " T h i n f r a m e " a s n o t e d o n p l a n s - t o b e a f l a t f r a m e d w a l l u s i n g t i m b e r s t r a n d l s l s t u d s - A l l w a l l s t h a t c o n t a i n p o c k e t d o o r s t o b e 2 x 6 w a l l s u n l e s s n o t e d o t h e r w i s e -A l l d i m e n s i o n s t o o u t s i d e f a c e o f s h e a t h i n g o r c o n c . w a l l s ( u n l e s s n o t e d o t h e r w i s e ) - V e r i f y e x t e r i o r f a u c e t l o c a t i o n s w / o w n e r - W a l l & S o f f i t L e g e n d : I n d i c a t e s d r o p p e d s o f f i t a r e a s - s e e p l a n s , d e t a i l s , o r i n t e r i o r e l e v a t i o n s f o r h e i g h t s ( v e r i f y h e i g h t s n o t i n d i c a t e d w / M u r p h y & C o . ) I n d i c a t e s w o o d f r a m e w a l l ( o r s t e e l f r a m i n g a s r e q ' d f o r c o m b u s t i b l e o f f s e t s ) I n d i c a t e s n e w p o u r e d c o n c r e t e w a l l - s e e d r a w i n g s f o r n o t e s - T i l e s h o w e r a r e a s : - 4 " h i g h t i l e c u r b - G l a s s s h o w e r d o o r ( a p p r o x . s i z e a s n o t e d - v e r i f y a c t u a l s i z e ) - H e a d @ ± 7 ' - 0 " ( v e r i f y w / h e a d s e l e c t i o n & o w n e r ' s b o d y h e i g h t ) - S o a p r e c e s s @ ± 4 8 " a . f . f . ( v e r i f y w / o w n e r ) - L e d g e @ ± 5 6 " a . f . f . ( v e r i f y w / o w n e r ) Ge n e r a l P l a n N o t e s : = 1 , 7 6 0 s q . f t = 1 , 0 0 0 s q . f t = 2 , 7 6 0 s q . f t Ma i n l e v e l a r e a ( i n c l u d i n g S t a i r s ) Up p e r l e v e l a r e a ( i n c l u d i n g S t a i r s ) To t a l a r e a Sq u a r e F o o t a g e C a l c u l a t i o n s : Gr a p h i c S c a l e {S c a l e i n F e e t } 0 3 1 48 1 2 2 N 8 7 8 7 1 2 3 1 2 1 3 12 5 2 A9 1 A5 1 A7 1 A6 1 A8 2 A9 1 A9 1 A9 1 2 1 3 1 2 4 C u r v e d r o o f - s e e b u i l d i n g s e c t i o n s & e x t . e l e v s Cu r v e d ro o f - s e e bu i l d i n g se c t i o n s & e x t . e l e v s 12 6 12 9 5 1 4 " o. h . 1 1 7 8 " o . h . 4' - 0 3 4 " O. h . 3 1 4 " o . h . 7 1 2 " o . h . Cu r v e d ro o f - s e e bu i l d i n g se c t i o n s & e x t . e l e v s 12 5 5 1 4 " o. h . Ou t s i d e f a c e o f m a i n le v e l s h e a t h i n g sh o w n d a s h e d P i t c h b r e a k P i t c h b r e a k Pi t c h b r e a k 5 ' - 8 " 2' - 8 " Di m s t o o u t s i d e f a c e of c h i m n e y s h e a t h i n g Ch i m n e y lo c a t i o n s e t @ va l l e y in t e r s e c t i o n Ex i s t . w e a t h e r v a n e to b e r e - u s e d Ra k e - s e e 6 / A 1 0 Ra k e - se e 6 / A 1 0 Ra k e - se e 6 / A 1 0 Ra k e - se e 6 / A 1 0 Po s t s b e l o w sh o w n d a s h e d ± 3 ' - 6 1 2 " No n - f u n c t i o n i n g c h i m n e y po t s - s e e e x t . e l e v s f o r n o t e s Ou t s i d e f a c e o f u p p e r le v e l s h e a t h i n g s h o w n w/ l a r g e r d a s h e s Ou t s i d e f a c e o f ma i n l e v e l sh e a t h i n g sh o w n d a s h e d Br a c k e t s b e l o w sh o w n d a s h e d E q u a l . 12 24 12 24 12 ± 2 5 (e x i s t . ) Ea v e - s e e 1 / A 1 0 (1 3 4 " o . h . ) 1 2 4 C u r v e d r o o f - s e e b u i l d i n g s e c t i o n s & e x t . e l e v s 5 1 4 " o . h . St a n d i n g s e a m r o o f Ou t s i d e f a c e o f b r i c k s h o w n w/ s m a l l e r d a s h e s Th i n b r i c k @ f a c e o f ch i m n e y Ce n t e r d o r m e r s on r i d g e 5 1 4 " o . h . C u r v e d r o o f - s e e b u i l d i n g s e c t i o n s & e x t . e l e v s 4: 1 2 f a s c i a 4: 1 2 f a s c i a 9 ' - 2 " 9 ' - 2 " 1 1 7 8 " o . h . C u r v e d r o o f - s e e b u i l d i n g s e c t i o n s & e x t . e l e v s Ra k e - se e 6/ A 1 0 Ra k e - s e e 6 / A 1 0 Ra k e - s e e 6/ A 1 0 7 1 2 " o . h . Ra k e - s e e 6 / A 1 0 Co p p e r r i d g e - se e e x t . e l e v s Do r m e r r o o f t o ru n o n t o t u r r e t ro o f ( n o s a d d l e ) SH E E T N U M B E R SH E E T T I T L E IS S U E D A T E S TH E S E D R A W I N G S A N D S P E C I F I C A T I O N S H A V E B E E N P R O F E S S I O N A L L Y P R E P A R E D BY M U R P H Y & C O M P A N Y D E S I G N , I N C . A N D A R E T H E E X C L U S I V E P R O P E R T Y O F MU R P H Y & C O M P A N Y D E S I G N , I N C . T H E S E D O C U M E N T S A R E N O T T O B E S H A R E D , RE P R O D U C E D O R U S E D , I N W H O L E O R I N P A R T , W I T H O U T T H E E X P R E S S W R I T T E N CO N S E N T O F M U R P H Y & C O M P A N Y D E S I G N , I N C . ST A G ' S L E A P CA R R I A G E H O U S E 32 0 W O O D H I L L R O A D OR O N O M N 5 5 3 9 1 18 - 1 4 9 SE P T E M B E R 2 3 , 2 0 1 9 [ I N - P R O G R E S S ] NO V E M B E R 2 5 , 2 0 1 9 [ I N - P R O G R E S S ] AP R I L 2 1 , 2 0 2 0 [ P R I C I N G ] AU G U S T 2 4 , 2 0 2 0 [ C O N S T R U C T I O N ] RO O F P L A N A4 Sc a l e : 1 4 " = 1 ' - 0 " Ro o f P l a n Ro o f P l a n G e n e r a l N o t e s : - O v e r h a n g s d i m e n s i o n e d f r o m f a c e o f s h e a t h i n g t o b a c k s i d e o f f i n i s h e d f a s c i a (u n l e s s n o t e d o t h e r w i s e ) - s e e e a v e d e t a i l - R a k e p r o j e c t i o n s a r e d i m e n s i o n e d f r o m f a c e o f s h e a t h i n g t o b a c k s i d e o f fi n i s h e d r a k e t r i m ( u n l e s s n o t e d o t h e r w i s e ) - s e e r a k e d e t a i l -S e e R o o f P l a n , B u i l d i n g S e c t i o n s , & E x t e r i o r E l e v a t i o n s f o r c u r v e d r o o f lo c a t i o n s - V a l l e y s t o b e c l o s e d s h i n g l e t y p e - S e e t y p i c a l e a v e d e t a i l f o r g u t t e r n o t e s - M u r p h y & C o . t o p r o v i d e g u t t e r / d o w n s p o u t p l a n a t a l a t e r d a t e - O f f s e t a l l r o o f v e n t s , f l u e s , s t a c k s , e t c . t o m o s t i n c o n s p i c u o u s a r e a s o f r o o f - S e e t y p i c a l c o n s t r u c t i o n n o t e s f o r r o o f i n g m a t e r i a l & r i d g e v e n t n o t e s Gr a p h i c S c a l e {S c a l e i n F e e t } 0 3 1 48 1 2 2 N 8 8 8 8 To p o f t y p . Ga r a g e s l a b Ex i s t . t u r r e t r o o f to b e r e - u s e d 12 ± 2 5 (e x i s t . ) Ga r a g e c l g (+ / - 9 ' - 0 " ) To p o f t y p . Up p e r l e v e l f l o o r Up p e r l e v e l c l g (± 9 ' - 0 " ) Wo o d b r a c k e t s - s e e 2 / A 1 0 Tu r r e t e a v e & fr i e z e d e t a i l t o ma t c h e x i s t i n g Re - u s e w e a t h e r v a n e fr o m e x i s t . s h e d 12 9 12 6 12 24 12 24 1 A91A9 Cu r v e d w a l l - s e e p l a n Ch i m n e y - s e e N o r t h w e s t E l e v a t i o n f o r n o t e s / d i m s 3 1 2 " 6 A1 0 3 A1 0 3 1 2 " Wo o d 4 p a n e l o . h . d o o r - c o n s t r u c t d o o r s w / d i a g . ( 4 5 ° ) 1x 8 " v " g r o o v e b o a r d s a s s h o w n . P r o v i d e f a l s e w o o d as t r a g a l i n m i d d l e ( i n t e n t i o n f o r d o o r t o a p p e a r a s p a i r o f ca r r i a g e d o o r s ) . T r i m i n s t a l l e d o v e r f l u s h w o o d o . h . d o o r . Ve r i f y h a r d w a r e s e l e c t i o n w / o w n e r & d e s i g n e r . P r o v i d e Mu r p h y & C o . w / s h o p d r a w i n g s p r i o r t o f a b r i c a t i o n 1x 8 6 A1 0 7 A1 0 Wn d w t r i m - se e 4 / A 1 0 ( s i m . ) 2 7 ' - 6 3 8 " b u i l d i n g h g t ( m e a s u r e d f r o m m i d p o i n t o f t u r r e t r o o f ) Co p p e r r i d g e t o ma t c h m a i n h o u s e 2x 8 t r i m f l u s h w / b r i c k Br i c k / t r i m a b o v e d o o r - s e e 1 a / A 5 "D e s i g n e r D o o r s " s q . ri n g p u l l ( 6 0 2 0 - 0 2 3 1 ) Li g h t lo c a t i o n s 12 24 Pi t c h e d b r i c k s i l l 1x t r i m @ d o r m e r fa c e & m u l l s Al i g n c h a m f e r w / to p o f w n d w 8 ' - 2 " R o u g h f r m g h g t 9 1 4 " o v e r a l l f r m g d e p t h 7 1 4 " ex p o s e d 2 " 6 " 1 ' - 0 " 2 1 2 " 1 3 4 " 3 4 " 3 4 " 5 1 4 " Br i c k v e n e e r Br i c k s o l d i e r co u r s e - s e e ex t . e l e v s St e e l l i n t e l - se e s t r u c t u r a l Br i c k v e n e e r be y o n d 5" 1x t r i m f i l l e r 1x j a m b s 2" rad . 3" 2" 2 1 2 " rad i u s 2 1 2 " 1" 5 1 2 " 4 1 2 " 2 1 2 " 2 " 3 4 " El e v a t i o n v i e w Wo o d b e a m - se e s t r u c t u r a l Se c t i o n v i e w Ti m b e r w / 3 4 " c h a m f e r as s h o w n 8 " SH E E T N U M B E R SH E E T T I T L E IS S U E D A T E S TH E S E D R A W I N G S A N D S P E C I F I C A T I O N S H A V E B E E N P R O F E S S I O N A L L Y P R E P A R E D BY M U R P H Y & C O M P A N Y D E S I G N , I N C . A N D A R E T H E E X C L U S I V E P R O P E R T Y O F MU R P H Y & C O M P A N Y D E S I G N , I N C . T H E S E D O C U M E N T S A R E N O T T O B E S H A R E D , RE P R O D U C E D O R U S E D , I N W H O L E O R I N P A R T , W I T H O U T T H E E X P R E S S W R I T T E N CO N S E N T O F M U R P H Y & C O M P A N Y D E S I G N , I N C . ST A G ' S L E A P CA R R I A G E H O U S E 32 0 W O O D H I L L R O A D OR O N O M N 5 5 3 9 1 18 - 1 4 9 SE P T E M B E R 2 3 , 2 0 1 9 [ I N - P R O G R E S S ] NO V E M B E R 2 5 , 2 0 1 9 [ I N - P R O G R E S S ] AP R I L 2 1 , 2 0 2 0 [ P R I C I N G ] AU G U S T 2 4 , 2 0 2 0 [ C O N S T R U C T I O N ] EX T E R I O R E L E V A T I O N & C O N S T R U C T I O N D E T A I L A5 Sc a l e : 1 4 " = 1 ' - 0 " 1 A5 So u t h w e s t E l e v a t i o n Sc a l e : 3" = 1 ' - 0 " 1a A5 Ov e r h e a d D o o r H e a d D e t a i l 8 9 8 9 To p o f t y p . Ga r a g e s l a b Ga r a g e c l g (+ / - 9 ' - 0 " ) To p o f t y p . Up p e r l e v e l f l o o r Up p e r l e v e l c l g (± 9 ' - 0 " ) 12 13 12 3 2 A92A9 Ou t s i d e f a c e o f s h e a t h i n g be y o n d s h o w n d a s h e d 2 x 8 2x tr i m Cu r v e d w a l l - s e e p l a n 1x t r i m @ do r m e r f a c e 5 4 " w o o d s i l l 3 A1 0 Si m . 3 1 2 " 6 A1 0 1 1 2 " h . t a p e r e d st o n e p l i n t h ( t y p . ) 8" h . w o o d t i m b e r w / 1 1 2 " ch a m f e r & j o i n t a s s h o w n - p r o j e c t 1 1 2 " f r o m f a c e o f s h e a t h i n g Li g h t l o c a t i o n 6 A1 0 Wn d w t r i m - s e e 4/ A 1 0 ( s i m . ) 10 " w . w o o d t i m b e r w / j o i n t as s h o w n - p r o j e c t 1 1 2 " f r o m fa c e o f s h e a t h i n g 1 A1 0 Ex i s t . d o o r t o be r e - u s e d Co p p e r s t e p fl a s h i n g u p ch i m n e y 8 " m i n . 2 x 8 Co p p e r s t e p fl a s h i n g u p wa l l 8 " m i n . Li g h t lo c a t i o n 2x 8 2x 8 2 x 12 4 12 ± 2 5 (e x i s t . ) SH E E T N U M B E R SH E E T T I T L E IS S U E D A T E S TH E S E D R A W I N G S A N D S P E C I F I C A T I O N S H A V E B E E N P R O F E S S I O N A L L Y P R E P A R E D BY M U R P H Y & C O M P A N Y D E S I G N , I N C . A N D A R E T H E E X C L U S I V E P R O P E R T Y O F MU R P H Y & C O M P A N Y D E S I G N , I N C . T H E S E D O C U M E N T S A R E N O T T O B E S H A R E D , RE P R O D U C E D O R U S E D , I N W H O L E O R I N P A R T , W I T H O U T T H E E X P R E S S W R I T T E N CO N S E N T O F M U R P H Y & C O M P A N Y D E S I G N , I N C . ST A G ' S L E A P CA R R I A G E H O U S E 32 0 W O O D H I L L R O A D OR O N O M N 5 5 3 9 1 18 - 1 4 9 SE P T E M B E R 2 3 , 2 0 1 9 [ I N - P R O G R E S S ] NO V E M B E R 2 5 , 2 0 1 9 [ I N - P R O G R E S S ] AP R I L 2 1 , 2 0 2 0 [ P R I C I N G ] AU G U S T 2 4 , 2 0 2 0 [ C O N S T R U C T I O N ] EX T E R I O R E L E V A T I O N A6 Sc a l e : 1 4 " = 1 ' - 0 " 1 A6 So u t h e a s t E l e v a t i o n 9 0 9 0 To p o f t y p . Ga r a g e s l a b Ga r a g e c l g (+ / - 9 ' - 0 " ) To p o f t y p . Up p e r l e v e l f l o o r Up p e r l e v e l c l g (± 9 ' - 0 " ) 12 5 12 24 12 24 12 6 12 9 1 A91A9 12 5 6 A1 0 6 A1 0 6 A1 0 8" h . w o o d t i m b e r w / 1 1 2 " ch a m f e r & j o i n t a s s h o w n - p r o j e c t 1 1 2 " f r o m f a c e o f s h e a t h i n g 10 " w . w o o d t i m b e r w / j o i n t as s h o w n - p r o j e c t 1 1 2 " f r o m fa c e o f s h e a t h i n g 12 " h . w o o d t i m b e r w / j o i n t s a s s h o w n - p r o j e c t 1 1 2 " f r o m f a c e o f s h e a t h i n g 1 1 2 " h . t a p e r e d st o n e p l i n t h ( t y p . ) Ex t e n d b e a m t o a l i g n w / ou t s i d e f a c e o f r a k e t r i m (s a m e @ o p p . s i d e ) Ou t s i d e f a c e o f s h e a t h i n g be y o n d s h o w n d a s h e d Wo o d b r a c k e t s - s e e 2 / A 1 0 (f l u s h w / 2 x 8 tr i m b e l o w ) . . Ma t c h v e r t i c a l e x p o s u r e o f 1x 4 f a s c i a t r i m @ s h e d r o o f 6 A1 0 Si m . 3 1 2 " 6 A1 0 3 A1 0 3 1 2 " 2x 8 Co m p o s i t e t r i m @ b a s e ( t y p . ) Ta p e r e d w o o d s i l l 1x t r i m @ d o r m e r fa c e & m u l l s 2 x 8 Co p p e r s t e p f l a s h i n g up w a l l 8 " m i n . Co p p e r r i d g e to m a t c h ma i n h o u s e Ch i m n e y - s e e No r t h w e s t E l e v a t i o n fo r n o t e s / d i m s 12 ± 2 5 (e x i s t . ) Al i g n c h a m f e r w / to p o f w n d w 2x8 8 e q . p a n e l s 2 x 8 t r i m SH E E T N U M B E R SH E E T T I T L E IS S U E D A T E S TH E S E D R A W I N G S A N D S P E C I F I C A T I O N S H A V E B E E N P R O F E S S I O N A L L Y P R E P A R E D BY M U R P H Y & C O M P A N Y D E S I G N , I N C . A N D A R E T H E E X C L U S I V E P R O P E R T Y O F MU R P H Y & C O M P A N Y D E S I G N , I N C . T H E S E D O C U M E N T S A R E N O T T O B E S H A R E D , RE P R O D U C E D O R U S E D , I N W H O L E O R I N P A R T , W I T H O U T T H E E X P R E S S W R I T T E N CO N S E N T O F M U R P H Y & C O M P A N Y D E S I G N , I N C . ST A G ' S L E A P CA R R I A G E H O U S E 32 0 W O O D H I L L R O A D OR O N O M N 5 5 3 9 1 18 - 1 4 9 SE P T E M B E R 2 3 , 2 0 1 9 [ I N - P R O G R E S S ] NO V E M B E R 2 5 , 2 0 1 9 [ I N - P R O G R E S S ] AP R I L 2 1 , 2 0 2 0 [ P R I C I N G ] AU G U S T 2 4 , 2 0 2 0 [ C O N S T R U C T I O N ] EX T E R I O R E L E V A T I O N A7 Sc a l e : 1 4 " = 1 ' - 0 " 1 A7 No r t h e a s t E l e v a t i o n 9 1 9 1 Ga r a g e c l g (+ / - 9 ' - 0 " ) To p o f t y p . Ga r a g e s l a b To p o f t y p . Up p e r l e v e l s u b f l o o r Up p e r l e v e l c l g (+ / - 9 ' - 0 " ) 12 13 12 13 12 4 2 A92A9 Cu r v e d w a l l b e y o n d - s e e p l a n 4 ' - 5 1 2 " 2 1 4 " t h i c k st o n e ch i m n e y t o p to m a t c h ma i n h o u s e 6 A1 0 3 1 2 " 6 A1 0 6 A1 0 Wo o d b r a c k e t s - s e e 2 / A 1 0 3 A1 0 Wn d w t r i m - se e 4 / A 1 0 ( s i m . ) 7 A1 0 Si m . 12 3 1x 8 2 x 8 2 x 8 Eq . "S u p e r i o r C l a y " La r g e E d w a r d i a n Co p p e r s t e p fl a s h i n g u p ch i m n e y 8 " m i n . Ro o f b e y o n d sh o w n d a s h e d Sh u t t e r s t o m a t c h ma i n h o u s e 6 A1 0 2 x 8 Do o r s w / d i a g . ( 4 5 ° ) 1 x 8 " v " gr o o v e b o a r d s t o m a t c h ov e r h e a d d o o r s . V e r i f y h a r d w a r e se l e c t i o n w / o w n e r & d e s i g n e r . Pr o v i d e M u r p h y & C o . w / s h o p dr a w i n g s p r i o r t o f a b r i c a t i o n 2 x 8 2 x 8 2 x 8 2x 8 12 13 12 4 12 ± 2 5 (e x i s t . ) 7 1 4 " ex p o s e d 7 1 4 " ex p o s e d . Th i n b r i c k @ ch i m n e y 3 1 2 " Eq . SH E E T N U M B E R SH E E T T I T L E IS S U E D A T E S TH E S E D R A W I N G S A N D S P E C I F I C A T I O N S H A V E B E E N P R O F E S S I O N A L L Y P R E P A R E D BY M U R P H Y & C O M P A N Y D E S I G N , I N C . A N D A R E T H E E X C L U S I V E P R O P E R T Y O F MU R P H Y & C O M P A N Y D E S I G N , I N C . T H E S E D O C U M E N T S A R E N O T T O B E S H A R E D , RE P R O D U C E D O R U S E D , I N W H O L E O R I N P A R T , W I T H O U T T H E E X P R E S S W R I T T E N CO N S E N T O F M U R P H Y & C O M P A N Y D E S I G N , I N C . ST A G ' S L E A P CA R R I A G E H O U S E 32 0 W O O D H I L L R O A D OR O N O M N 5 5 3 9 1 18 - 1 4 9 SE P T E M B E R 2 3 , 2 0 1 9 [ I N - P R O G R E S S ] NO V E M B E R 2 5 , 2 0 1 9 [ I N - P R O G R E S S ] AP R I L 2 1 , 2 0 2 0 [ P R I C I N G ] AU G U S T 2 4 , 2 0 2 0 [ C O N S T R U C T I O N ] EX T E R I O R E L E V A T I O N A8 Sc a l e : 1 4 " = 1 ' - 0 " 1 A8 No t h w e s t E l e v a t i o n 9 2 9 2 6' - 1 1 4 " 11'-11" 10 ' - 3 3 4 " 20'-2" ±21'-3" (exist.) ±18'-9" (exist.) ± 2 1 ' - 3 " ( e x i s t . ) ±6 ' - 0 " ( e x i s t . ) D Exist. wndw to remain Changing Bath Storage 18" d. bench 30 28 Exist. door to remain Exist. wndw to remain Exist. wndw to remain Exist. wndw to remain 1' - 6 " Hooks U.c. ref. W F.d. 4" fin. 26 Hooks 3' - 0 " 1'-6"6'-0" 7'-4" 7' - 6 " Cabana Floor Plan 93 93 94 94 6' - 1 1 4 " 11'-11" 10 ' - 3 3 4 " 20'-2" ±21'-3" (exist.) ±18'-9" (exist.) ± 2 1 ' - 3 " ( e x i s t . ) ±6 ' - 0 " ( e x i s t . ) D Exist. wndw to remain Changing Bath Storage 18" d. bench 30 28 Exist. door to remain Exist. wndw to remain Exist. wndw to remain Exist. wndw to remain 1' - 6 " Hooks U.c. ref. W F.d. 4" fin. 26 Hooks 3' - 0 " 1'-6"6'-0" 7'-4" 7' - 6 " Cabana Floor Plan 95 95 3 2 x 7 0 r a t e d w o o d d o o r Po t t i n g R o o m - C o n c . w / e p o x y f i n i s h En t r y / S t a i r s - C o n c . w / e p o x y f i n i s h Ga r a g e - C o n c . w / e p o x y f i n i s h ± 7 ' - 1 0 1 2 " w . x 6 ' - 1 1 " h . o . h . d o o r t o b e r e - u s e d f r o m e x i s t . s h e d 10 ' - 2 " 38 ' - 6 " 1' - 6 " 54 ' - 0 1 4 " 1 2 ' - 0 " 2 4 ' - 0 " ± 6 ' - 2 1 8 " ( d i m . b a s e d o n e x i s t . t u r r e t t o b e r e u s e d ) 12'-0"15'-738"± 14'-634"(dim. based on exist. turret roof to be reused) 4' - 4 " 1 ' - 9 " ± R 7 ' - 1 1 1 8 "3' - 7 1 8 " ± 5 3 ' - 9 1 8 " 38 ' - 1 1 4 " ± 1 5 ' - 7 7 8 " (d i m . b a s e d o n e x i s t . t u r r e t r o o f t o b e r e u s e d ) 2' - 0 " 9' - 0 " 1' - 8 " 9' - 0 " 1' - 7 " 2' - 6 1 4 " UC A 2 4 4 8 3 W 2 x 1 0 2 x 1 0 P a i r o f 3 0 x 7 0 c u s t o m w o o d d o o r s - s e e e x t . e l e v s 3' - 1 0 1 4 " U C A 2 4 4 8 2 W Tr e n c h dr a i n 10 ' - 2 " 11'-018" 10 " s q . w r a p p e d p o s t s - se e e x t . e l e v s f o r n o t e s - 1 1 2 " b e y o n d o u t s i d e f a c e of s h e a t h i n g 3 0 ra t e d 1 2 ' - 0 " 8 ' - 3 1 4 " 3 ' - 8 3 4 " 2 x 6 2x 6 Tr e n c h dr a i n Tr e n c h dr a i n Tr e n c h d r a i n P i t c h 2 " t o f . d . D i p c o n t r o l j o i n t 1 " @ c e n t e r ( t y p . ) 9' - 0 " w . x 8 ' - 0 " h . o . h . d o o r w/ p e r i m e t e r w e a t h e r s t r i p p i n g Pi t c h 1 2 " fi r s t 5 ' - 0 " Pi t c h 1 1 2 " to f . d . 9' - 0 " w . x 8 ' - 0 " h . o . h . d o o r w/ p e r i m e t e r w e a t h e r s t r i p p i n g 9' - 0 " w . x 8 ' - 0 " h . o . h . d o o r w/ p e r i m e t e r w e a t h e r s t r i p p i n g D i p c o n t r o l j o i n t 1 " @ c e n t e r ( t y p . ) 3 0 Up 1 7 R ± 4 2 ' - 2 1 8 " 10 " 42'-218" 3' - 0 1 4 " ± 6 ' - 6 " w a l l h g t 2 A9 1 A5 1 A7 1 A6 1 A8 2 A9 1 A9 1 A9 2 4 ° 16° 8 ° Cl g b d di r e c t i o n Ou t s i d e f a c e o f up p e r l e v e l sh e a t h i n g a b v . sh o w n d a s h e d Ou t s i d e f a c e o f u p p e r le v e l s h e a t h i n g a b v . sh o w n d a s h e d Eq . . 4'-718" Ri s e r s a b v . sh o w n d a s h e d U C A 2 4 4 8 4 W . 22 . 5 ° 75 ° UC A 24 6 4 - he a d @ 9' - 1 " a b v . sl a b Se e U p p e r Le v e l P l a n f o r wn d w n o t e s P i t c h 2 " t o f . d . Cu r t a i n f o r c a r wa s h i n g - i n t a l l FR P b o a r d @ e n t i r e st a l l w / p o w e r f a n 6" m i n . t r e a d d e p t h @ i n s i d e ed g e , 1 0 " m i n . t r e a d d e p t h 1' - 0 " f r o m i n s i d e e d g e Ve r i f y w / e x i s t . tu r r e t r o o f t o be r e - u s e d Di m s t o o u t s i d e fa c e o f s h e a t h i n g 10" Wn d w s s e t 2 " f r o m i n s i d e co r n e r t o a l l o w f o r 1 0 " s q . po s t s @ e x t e r i o r 2'-214"5'-0"7'-0" Br a c k e t s be l o w sh o w n da s h e d P i t c h 2 " t o f . d . P i t c h 2 " t o f . d . Pi t c h 1 1 2 " to f . d . Pi t c h 1 1 2 " to f . d . P i t c h 2 " t o f . d . P i t c h 2 " t o f . d . Pi t c h 2 " to f . d . Pi t c h 1 1 2 " to f . d . Pi t c h 1 1 2 " to f . d . S l o p e d c l g 1' - 8 " 9' - 0 " 1' - 8 " Wo o d t r e a d s w / gy p . b d r i s e r s 3 2 x 7 0 c u s t o m wo o d d o o r - se e e x t . e l e v s 5 ' - 0 " 7 ' - 0 " Ho s e bi b Ho s e bi b 1' - 9 7 8 " Ho s e bi b S h e l v e s Pr o v i d e w i r i n g fo r f u t u r e e l e c t r i c ca r p l u g - i n 1'-11"2'-478" 4" b r i c k ve n e e r w / 1" a i r s p a c e 3 2 x 7 0 c u s t o m w o o d d o o r - s e e e x t . e l e v s 3 2 x 7 0 c u s t o m wo o d d o o r - se e e x t . e l e v s Ra t e d wa l l Ra t e d w a l l S h e l v e s U D H - G 2 2 6 2 0 ( 2 t h u s ) ( 2 ) 2 x 6 90° 4 ' - 4 " 6 ' - 8 1 4 " . E q u a l 4 " b r i c k v e n e e r w / 1 " a i r s p a c e 4" b r i c k ve n e e r w / 1" a i r s p a c e Tr e n c h d r a i n P i t c h 2 " t o f . d . P i t c h 2 " t o f . d . Pi t c h 2 " to f . d . Pi t c h 2 " to f . d . P i t c h 2 " t o f . d . Pi t c h 2 " to f . d . Pi t c h 2 " to f . d . Ou t s i d e f a c e o f up p e r l e v e l sh e a t h i n g a b v . sh o w n d a s h e d Fr o n t E n t r y - V e r i f y m a t ' l w / l a n d s c a p e d e s i g n e r En d o f w a l l t o h a v e 9 0 ° in t e r s e c t i o n t o l a s t r i s e r 4 ' - 6 1 2 " 2x 6 w a l l P i t c h 2 " t o f . d . Be a m - s e e st r u c t u r a l 812" 8 1 2 " 1 0 " SHEET NUMBERSHEET TITLEISSUE DATESTHESE DRAWINGS AND SPECIFICATIONS HAVE BEEN PROFESSIONALLY PREPARED BY MURPHY & COMPANY DESIGN, INC. AND ARE THE EXCLUSIVE PROPERTY OF MURPHY & COMPANY DESIGN, INC. THESE DOCUMENTS ARE NOT TO BE SHARED,REPRODUCED OR USED, IN WHOLE OR IN PART, WITHOUT THE EXPRESS WRITTEN CONSENT OF MURPHY & COMPANY DESIGN, INC.STAG'S LEAP CARRIAGE HOUSE 320 WOODHILL ROAD ORONO MN 55391 18-149 SEPTEMBER 23, 2019 [IN-PROGRESS]NOVEMBER 25, 2019 [IN-PROGRESS]APRIL 21, 2020 [PRICING]AUGUST 24, 2020 [CONSTRUCTION]MAIN LEVEL PLAN A2 Sc a l e : 1 4 " = 1 ' - 0 " Ma i n L e v e l P l a n - A l l a n g l e d w a l l s a r e 4 5 d e g r e e s u n l e s s n o t e d o t h e r w i s e - P r o v i d e 4 " Ø d r a i n t i l e - s l e e v e t h r o u g h f o o t i n g s w / p v c a s r e q ' d - A l l d o o r o p e n i n g s & c a s e d o p e n i n g s t o b e s e t a m i n . o f 6 " c l e a r f r o m g y p . b o a r d t o e d g e o f d o o r o r op e n i n g u n l e s s n o t e d o t h e r w i s e - I n t e r i o r d o o r s & c a s e d o p e n i n g s t o b e 7 ' - 0 " h i g h a t m a i n l e v e l a n d 6 ' - 8 " a t u p p e r l e v e l ( u . n . o . ) . - W i n d o w & d o o r n u m b e r s t a k e n f r o m " M a r v i n " w i n d o w s c a t a l o g ( u . n . o . ) - T o p o f t y p . m a i n l e v e l w i n d o w / d o o r r o u g h o p e n i n g a t 7 ' - 0 " a b o v e t y p . s l a b , a n d u p p e r l e v e l a t 6 ' - 1 0 " ab v . t y p . s u b f l o o r ( u . n . o . - s e e p l a n ) - V e r i f y w i n d o w & h a r d w a r e c o l o r w / M u r p h y & C o . & o w n e r p r i o r t o o r d e r i n g . - O p e r a t i n g c a s e m e n t w i n d o w s s h o w n i n o p e n p o s i t i o n - s e e p l a n - S e e e x t e r i o r e l e v a t i o n s f o r g r i d p a t t e r n - U n i t s t o b e p r o v i d e d w / 7 8 " i n t e r i o r & e x t e r i o r g r i d s ( s d l ) w / a l u m i n u m s p a c e r b a r - P r o v i d e M u r p h y & C o . w / s h o p d r a w i n g s p r i o r t o o r d e r i n g - A l l w i n d o w s t o b e s e t i n s a s h ( u n l e s s n o t e d o t h e r w i s e ) . - " T h i n f r a m e " a s n o t e d o n p l a n s - t o b e a f l a t f r a m e d w a l l u s i n g t i m b e r s t r a n d l s l s t u d s - A l l w a l l s t h a t c o n t a i n p o c k e t d o o r s t o b e 2 x 6 w a l l s u n l e s s n o t e d o t h e r w i s e -A l l d i m e n s i o n s t o o u t s i d e f a c e o f s h e a t h i n g o r c o n c . w a l l s ( u n l e s s n o t e d o t h e r w i s e ) - V e r i f y e x t e r i o r f a u c e t l o c a t i o n s w / o w n e r - W a l l & S o f f i t L e g e n d : I n d i c a t e s d r o p p e d s o f f i t a r e a s - s e e p l a n s , d e t a i l s , o r i n t e r i o r e l e v a t i o n s f o r h e i g h t s ( v e r i f y h e i g h t s n o t i n d i c a t e d w / M u r p h y & C o . ) I n d i c a t e s w o o d f r a m e w a l l ( o r s t e e l f r a m i n g a s r e q ' d f o r c o m b u s t i b l e o f f s e t s ) I n d i c a t e s n e w p o u r e d c o n c r e t e w a l l - s e e d r a w i n g s f o r n o t e s - T i l e s h o w e r a r e a s : - 4 " h i g h t i l e c u r b - G l a s s s h o w e r d o o r ( a p p r o x . s i z e a s n o t e d - v e r i f y a c t u a l s i z e ) - H e a d @ ± 7 ' - 0 " ( v e r i f y w / h e a d s e l e c t i o n & o w n e r ' s b o d y h e i g h t ) - S o a p r e c e s s @ ± 4 8 " a . f . f . ( v e r i f y w / o w n e r ) - L e d g e @ ± 5 6 " a . f . f . ( v e r i f y w / o w n e r ) Ge n e r a l P l a n N o t e s : = 1,760 sq. ft = 1,000 sq. ft = 2,760 sq. ft Ma i n l e v e l a r e a ( i n c l u d i n g S t a i r s ) Up p e r l e v e l a r e a ( i n c l u d i n g S t a i r s ) To t a l a r e a Sq u a r e F o o t a g e C a l c u l a t i o n s : Gr a p h i c S c a l e {S c a l e i n F e e t } 0 3 1 48 1 2 2 N Ca r r i a g e H o u s e P l a n s 96 96 U C A 2 4 6 4 3 W 2' - 1 1 1 8 " 14 ' - 4 1 2 " ( d o r m e r ) 4' - 6 5 8 " 5' - 4 " 7 ' - 4 " Op e n t o be l o w 8 ' - 8 5 8 " 5 ' - 7 1 4 " ( d o r m e r ) UC A 2 8 7 2 3 W 11 ' - 3 1 4 " 14 ' - 4 1 2 " ( d o r m e r ) 8' - 1 1 8 " U C A 2 4 6 4 2 W UC A 2 4 6 4 - h e a d @ 1' - 1 0 " a b v . u p p e r le v e l s u b f l o o r 2 x 1 0 ± 4 ' - 0 " wa l l h g t ± 4 ' - 0 " wa l l h g t 7 1 4 " m u l l 7 1 4 " m u l l ± 7 ' - 0 5 8 " wa l l h g t 7' - 2 1 4 " 7' - 2 1 4 " ± 1 5 ' - 7 7 8 " (d i m . b a s e d o n e x i s t . t u r r e t r o o f t o b e r e u s e d ) ± 7 ' - 2 3 8 " wa l l h g t 3 ' - 8 " 3 ' - 8 " 8 ' - 4 " 8 ' - 4 " Ou t s i d e f a c e o f ma i n l e v e l sh e a t h i n g sh o w n d a s h e d 1' - 5 1 4 " 52 ' - 3 7 8 " 2' - 1 1 1 8 " 1' - 5 1 4 " 43 ' - 4 3 4 " ± 9 ' - 0 " c l g h g t sh o w n d a s h e d Ou t s i d e f a c e o f ma i n l e v e l sh e a t h i n g sh o w n d a s h e d ± 6 ' - 0 " wa l l h g t ± 1 ' - 5 7 8 " wa l l h g t ± 1 ' - 5 7 8 " wa l l h g t Ou t s i d e f a c e o f do r m e r w a l l a b v . sh o w n d a s h e d ± 3 0 ' - 2 1 8 " ± 1 5 ' - 1 0 1 4 " ( d i m . b a s e d o n e x i s t . t u r r e t r o o f t o b e r e u s e d ) 2 ' - 1 1 3 4 " 2 ' - 7 1 2 " 2 A9 1 A51A7 1 A6 1 A8 2 A9 1 A9 1 A9 Do w n 1 7 R ± 7 ' - 1 3 4 " wa l l h g t UC A 2 8 7 2 . 22 . 5 ° 7 5 ° Po s t s b e l o w sh o w n d a s h e d UC A 24 6 4 - he a d @ 4' - 8 " a b v . up p e r le v e l su b f l o o r St a i r s - W o o d t r e a d s & r i s e r s - 9 ' - 0 " c l g h g t Wn d w s ti g h t t o co r n e r s Wn d w t i g h t to c o r n e r 2 4 ' - 0 " ± 1 ' - 5 7 8 " wa l l h g t UC A 2 8 7 2 3 W 7 1 4 " m u l l 7 1 4 " m u l l ± 7 ' - 0 5 8 " wa l l h g t UC A 2 8 7 2 ± 1 ' - 5 7 8 " wa l l h g t 11 ' - 3 1 4 " 10 ' - 3 1 4 " Ro u g h - i n f o r pl u m b i n g o n l y UC A 2 8 7 2 UC A 2 8 7 2 Fu t u r e w a l l s sh o w n d a s h e d ± 9 ' - 0 " c l g hg t s h o w n da s h e d Ve r i f y m e c h a n i c a l e q u i p . / l o c a t i o n & p r o v i d e f . d . an d / o r p a n b e l o w e q u i p . Ou t s i d e f a c e o f c h i m n e y sh e a t h i n g a b v . s h o w n d a s h e d Wn d w s t i g h t t o do r m e r w a l l s Wn d w s ti g h t t o do r m e r wa l l s St o r a g e R o o m 1 ' - 9 " Pr o v i d e a t t i c ac c e s s 4' - 4 " 1' - 0 " SHEET NUMBERSHEET TITLEISSUE DATESTHESE DRAWINGS AND SPECIFICATIONS HAVE BEEN PROFESSIONALLY PREPARED BY MURPHY & COMPANY DESIGN, INC. AND ARE THE EXCLUSIVE PROPERTY OF MURPHY & COMPANY DESIGN, INC. THESE DOCUMENTS ARE NOT TO BE SHARED,REPRODUCED OR USED, IN WHOLE OR IN PART, WITHOUT THE EXPRESS WRITTEN CONSENT OF MURPHY & COMPANY DESIGN, INC.STAG'S LEAP CARRIAGE HOUSE 320 WOODHILL ROAD ORONO MN 55391 18-149 SEPTEMBER 23, 2019 [IN-PROGRESS]NOVEMBER 25, 2019 [IN-PROGRESS]APRIL 21, 2020 [PRICING]AUGUST 24, 2020 [CONSTRUCTION]UPPER LEVEL PLAN A3 Sc a l e : 1 4 " = 1 ' - 0 " Up p e r L e v e l P l a n - A l l a n g l e d w a l l s a r e 4 5 d e g r e e s u n l e s s n o t e d o t h e r w i s e - P r o v i d e 4 " Ø d r a i n t i l e - s l e e v e t h r o u g h f o o t i n g s w / p v c a s r e q ' d - A l l d o o r o p e n i n g s & c a s e d o p e n i n g s t o b e s e t a m i n . o f 6 " c l e a r f r o m g y p . b o a r d t o e d g e o f d o o r o r op e n i n g u n l e s s n o t e d o t h e r w i s e - I n t e r i o r d o o r s & c a s e d o p e n i n g s t o b e 7 ' - 0 " h i g h a t m a i n l e v e l a n d 6 ' - 8 " a t u p p e r l e v e l ( u . n . o . ) . - W i n d o w & d o o r n u m b e r s t a k e n f r o m " M a r v i n " w i n d o w s c a t a l o g ( u . n . o . ) - T o p o f t y p . m a i n l e v e l w i n d o w / d o o r r o u g h o p e n i n g a t 7 ' - 0 " a b o v e t y p . s l a b , a n d u p p e r l e v e l a t 6 ' - 1 0 " ab v . t y p . s u b f l o o r ( u . n . o . - s e e p l a n ) - V e r i f y w i n d o w & h a r d w a r e c o l o r w / M u r p h y & C o . & o w n e r p r i o r t o o r d e r i n g . - O p e r a t i n g c a s e m e n t w i n d o w s s h o w n i n o p e n p o s i t i o n - s e e p l a n - S e e e x t e r i o r e l e v a t i o n s f o r g r i d p a t t e r n - U n i t s t o b e p r o v i d e d w / 7 8 " i n t e r i o r & e x t e r i o r g r i d s ( s d l ) w / a l u m i n u m s p a c e r b a r - P r o v i d e M u r p h y & C o . w / s h o p d r a w i n g s p r i o r t o o r d e r i n g - A l l w i n d o w s t o b e s e t i n s a s h ( u n l e s s n o t e d o t h e r w i s e ) . - " T h i n f r a m e " a s n o t e d o n p l a n s - t o b e a f l a t f r a m e d w a l l u s i n g t i m b e r s t r a n d l s l s t u d s - A l l w a l l s t h a t c o n t a i n p o c k e t d o o r s t o b e 2 x 6 w a l l s u n l e s s n o t e d o t h e r w i s e -A l l d i m e n s i o n s t o o u t s i d e f a c e o f s h e a t h i n g o r c o n c . w a l l s ( u n l e s s n o t e d o t h e r w i s e ) - V e r i f y e x t e r i o r f a u c e t l o c a t i o n s w / o w n e r - W a l l & S o f f i t L e g e n d : I n d i c a t e s d r o p p e d s o f f i t a r e a s - s e e p l a n s , d e t a i l s , o r i n t e r i o r e l e v a t i o n s f o r h e i g h t s ( v e r i f y h e i g h t s n o t i n d i c a t e d w / M u r p h y & C o . ) I n d i c a t e s w o o d f r a m e w a l l ( o r s t e e l f r a m i n g a s r e q ' d f o r c o m b u s t i b l e o f f s e t s ) I n d i c a t e s n e w p o u r e d c o n c r e t e w a l l - s e e d r a w i n g s f o r n o t e s - T i l e s h o w e r a r e a s : - 4 " h i g h t i l e c u r b - G l a s s s h o w e r d o o r ( a p p r o x . s i z e a s n o t e d - v e r i f y a c t u a l s i z e ) - H e a d @ ± 7 ' - 0 " ( v e r i f y w / h e a d s e l e c t i o n & o w n e r ' s b o d y h e i g h t ) - S o a p r e c e s s @ ± 4 8 " a . f . f . ( v e r i f y w / o w n e r ) - L e d g e @ ± 5 6 " a . f . f . ( v e r i f y w / o w n e r ) Ge n e r a l P l a n N o t e s : = 1,760 sq. ft = 1,000 sq. ft = 2,760 sq. ft Ma i n l e v e l a r e a ( i n c l u d i n g S t a i r s ) Up p e r l e v e l a r e a ( i n c l u d i n g S t a i r s ) To t a l a r e a Sq u a r e F o o t a g e C a l c u l a t i o n s : Gr a p h i c S c a l e {S c a l e i n F e e t } 0 3 1 48 1 2 2 N 97 97 1 2 3 1 2 1 3 12 5 2 A9 1 A5 1 A7 1 A6 1 A8 2 A9 1 A9 1 A9 1 2 1 3 1 2 4 C u r v e d r o o f - s e e b u i l d i n g s e c t i o n s & e x t . e l e v s Cu r v e d ro o f - s e e bu i l d i n g se c t i o n s & e x t . e l e v s 12 6 12 9 5 1 4 " o. h . 1 1 7 8 " o . h . 4' - 0 3 4 " O. h . 3 1 4 " o . h . 7 1 2 " o . h . Cu r v e d ro o f - s e e bu i l d i n g se c t i o n s & e x t . e l e v s 12 5 5 1 4 " o. h . Ou t s i d e f a c e o f m a i n le v e l s h e a t h i n g sh o w n d a s h e d P i t c h b r e a k P i t c h b r e a k Pi t c h b r e a k 5 ' - 8 " 2' - 8 " Di m s t o o u t s i d e f a c e of c h i m n e y s h e a t h i n g Ch i m n e y lo c a t i o n s e t @ va l l e y in t e r s e c t i o n Ex i s t . w e a t h e r v a n e to b e r e - u s e d Ra k e - s e e 6 / A 1 0 Ra k e - se e 6 / A 1 0 Ra k e - se e 6 / A 1 0 Ra k e - se e 6 / A 1 0 Posts below shown dashed ± 3 ' - 6 1 2 " No n - f u n c t i o n i n g c h i m n e y po t s - s e e e x t . e l e v s f o r n o t e s Ou t s i d e f a c e o f u p p e r le v e l s h e a t h i n g s h o w n w/ l a r g e r d a s h e s Ou t s i d e f a c e o f ma i n l e v e l sh e a t h i n g sh o w n d a s h e d Br a c k e t s b e l o w sh o w n d a s h e d E q u a l . 12 24 12 24 12 ± 2 5 (e x i s t . ) Eave - see 1/A10 (1 3 4 " o.h.) 1 2 4 C u r v e d r o o f - s e e b u i l d i n g s e c t i o n s & e x t . e l e v s 5 1 4 " o . h . St a n d i n g s e a m r o o f Ou t s i d e f a c e o f b r i c k s h o w n w/ s m a l l e r d a s h e s Th i n b r i c k @ f a c e o f ch i m n e y Ce n t e r d o r m e r s on r i d g e 5 1 4 " o . h . C u r v e d r o o f - s e e b u i l d i n g s e c t i o n s & e x t . e l e v s 4: 1 2 f a s c i a 4: 1 2 f a s c i a 9 ' - 2 " 9 ' - 2 " 1 1 7 8 " o . h . C u r v e d r o o f - s e e b u i l d i n g s e c t i o n s & e x t . e l e v s Ra k e - se e 6/ A 1 0 Ra k e - s e e 6 / A 1 0 Ra k e - s e e 6/ A 1 0 7 1 2 " o . h . Rake - see 6/A10 Co p p e r r i d g e - se e e x t . e l e v s Do r m e r r o o f t o ru n o n t o t u r r e t ro o f ( n o s a d d l e ) SHEET NUMBERSHEET TITLEISSUE DATESTHESE DRAWINGS AND SPECIFICATIONS HAVE BEEN PROFESSIONALLY PREPARED BY MURPHY & COMPANY DESIGN, INC. AND ARE THE EXCLUSIVE PROPERTY OF MURPHY & COMPANY DESIGN, INC. THESE DOCUMENTS ARE NOT TO BE SHARED,REPRODUCED OR USED, IN WHOLE OR IN PART, WITHOUT THE EXPRESS WRITTEN CONSENT OF MURPHY & COMPANY DESIGN, INC.STAG'S LEAP CARRIAGE HOUSE 320 WOODHILL ROAD ORONO MN 55391 18-149 SEPTEMBER 23, 2019 [IN-PROGRESS]NOVEMBER 25, 2019 [IN-PROGRESS]APRIL 21, 2020 [PRICING]AUGUST 24, 2020 [CONSTRUCTION]ROOF PLAN A4 Sc a l e : 1 4 " = 1 ' - 0 " Ro o f P l a n Ro o f P l a n G e n e r a l N o t e s : - O v e r h a n g s d i m e n s i o n e d f r o m f a c e o f s h e a t h i n g t o b a c k s i d e o f f i n i s h e d f a s c i a (u n l e s s n o t e d o t h e r w i s e ) - s e e e a v e d e t a i l - R a k e p r o j e c t i o n s a r e d i m e n s i o n e d f r o m f a c e o f s h e a t h i n g t o b a c k s i d e o f fi n i s h e d r a k e t r i m ( u n l e s s n o t e d o t h e r w i s e ) - s e e r a k e d e t a i l -S e e R o o f P l a n , B u i l d i n g S e c t i o n s , & E x t e r i o r E l e v a t i o n s f o r c u r v e d r o o f lo c a t i o n s - V a l l e y s t o b e c l o s e d s h i n g l e t y p e - S e e t y p i c a l e a v e d e t a i l f o r g u t t e r n o t e s - M u r p h y & C o . t o p r o v i d e g u t t e r / d o w n s p o u t p l a n a t a l a t e r d a t e - O f f s e t a l l r o o f v e n t s , f l u e s , s t a c k s , e t c . t o m o s t i n c o n s p i c u o u s a r e a s o f r o o f - S e e t y p i c a l c o n s t r u c t i o n n o t e s f o r r o o f i n g m a t e r i a l & r i d g e v e n t n o t e s Gr a p h i c S c a l e {S c a l e i n F e e t } 0 3 1 48 1 2 2 N 98 98 To p o f t y p . Ga r a g e s l a b Ex i s t . t u r r e t r o o f to b e r e - u s e d 12 ± 2 5 (e x i s t . ) Ga r a g e c l g (+ / - 9 ' - 0 " ) To p o f t y p . Up p e r l e v e l f l o o r Up p e r l e v e l c l g (± 9 ' - 0 " ) Wo o d b r a c k e t s - s e e 2 / A 1 0 Tu r r e t e a v e & fr i e z e d e t a i l t o ma t c h e x i s t i n g Re - u s e w e a t h e r v a n e fr o m e x i s t . s h e d 12 9 12 6 12 24 12 24 1 A91A9 Cu r v e d w a l l - s e e p l a n Ch i m n e y - s e e N o r t h w e s t E l e v a t i o n f o r n o t e s / d i m s 3 1 2 " 6 A1 0 3 A1 0 3 1 2 " Wo o d 4 p a n e l o . h . d o o r - c o n s t r u c t d o o r s w / d i a g . ( 4 5 ° ) 1x 8 " v " g r o o v e b o a r d s a s s h o w n . P r o v i d e f a l s e w o o d as t r a g a l i n m i d d l e ( i n t e n t i o n f o r d o o r t o a p p e a r a s p a i r o f ca r r i a g e d o o r s ) . T r i m i n s t a l l e d o v e r f l u s h w o o d o . h . d o o r . Ve r i f y h a r d w a r e s e l e c t i o n w / o w n e r & d e s i g n e r . P r o v i d e Mu r p h y & C o . w / s h o p d r a w i n g s p r i o r t o f a b r i c a t i o n 1x 8 6 A1 0 7 A1 0 Wn d w t r i m - se e 4 / A 1 0 ( s i m . ) 27'-638" building hgt (measured from midpoint of turret roof) Co p p e r r i d g e t o ma t c h m a i n h o u s e 2x 8 t r i m f l u s h w / b r i c k Br i c k / t r i m a b o v e d o o r - s e e 1 a / A 5 "D e s i g n e r D o o r s " s q . ri n g p u l l ( 6 0 2 0 - 0 2 3 1 ) Li g h t lo c a t i o n s 12 24 Pi t c h e d b r i c k s i l l 1x t r i m @ d o r m e r fa c e & m u l l s Al i g n c h a m f e r w / to p o f w n d w 8'-2"Rough frmg hgt 9 1 4 " o v e r a l l f r m g d e p t h 7 1 4 " ex p o s e d 2 " 6 " 1 ' - 0 " 2 1 2 " 1 3 4 " 3 4 " 3 4 " 5 1 4 " Br i c k v e n e e r Br i c k s o l d i e r co u r s e - s e e ex t . e l e v s St e e l l i n t e l - se e s t r u c t u r a l Br i c k v e n e e r be y o n d 5" 1x t r i m f i l l e r 1x j a m b s 2" rad . 3" 2" 2 1 2 " rad i u s 2 1 2 " 1" 5 1 2 " 4 1 2 " 2 1 2 " 2 " 3 4 " El e v a t i o n v i e w Wo o d b e a m - se e s t r u c t u r a l Se c t i o n v i e w Ti m b e r w / 3 4 " c h a m f e r as s h o w n 8 " SHEET NUMBERSHEET TITLEISSUE DATESTHESE DRAWINGS AND SPECIFICATIONS HAVE BEEN PROFESSIONALLY PREPARED BY MURPHY & COMPANY DESIGN, INC. AND ARE THE EXCLUSIVE PROPERTY OF MURPHY & COMPANY DESIGN, INC. THESE DOCUMENTS ARE NOT TO BE SHARED,REPRODUCED OR USED, IN WHOLE OR IN PART, WITHOUT THE EXPRESS WRITTEN CONSENT OF MURPHY & COMPANY DESIGN, INC.STAG'S LEAP CARRIAGE HOUSE 320 WOODHILL ROAD ORONO MN 55391 18-149 SEPTEMBER 23, 2019 [IN-PROGRESS]NOVEMBER 25, 2019 [IN-PROGRESS]APRIL 21, 2020 [PRICING]AUGUST 24, 2020 [CONSTRUCTION]EXTERIOR ELEVATION & CONSTRUCTION DETAIL A5 Sc a l e : 1 4 " = 1 ' - 0 " 1 A5 So u t h w e s t E l e v a t i o n Sc a l e : 3" = 1 ' - 0 " 1a A5 Ov e r h e a d D o o r H e a d D e t a i l 99 99 To p o f t y p . Ga r a g e s l a b Ga r a g e c l g (+ / - 9 ' - 0 " ) To p o f t y p . Up p e r l e v e l f l o o r Up p e r l e v e l c l g (± 9 ' - 0 " ) 12 13 12 3 2 A92A9 Ou t s i d e f a c e o f s h e a t h i n g be y o n d s h o w n d a s h e d 2 x 8 2x tr i m Cu r v e d w a l l - s e e p l a n 1x t r i m @ do r m e r f a c e 5 4 " w o o d s i l l 3 A1 0 Si m . 3 1 2 " 6 A1 0 1 1 2 " h . t a p e r e d st o n e p l i n t h ( t y p . ) 8" h . w o o d t i m b e r w / 1 1 2 " ch a m f e r & j o i n t a s s h o w n - p r o j e c t 1 1 2 " f r o m f a c e o f s h e a t h i n g Li g h t l o c a t i o n 6 A1 0 Wn d w t r i m - s e e 4/ A 1 0 ( s i m . ) 10 " w . w o o d t i m b e r w / j o i n t as s h o w n - p r o j e c t 1 1 2 " f r o m fa c e o f s h e a t h i n g 1 A1 0 Ex i s t . d o o r t o be r e - u s e d Co p p e r s t e p fl a s h i n g u p ch i m n e y 8 " m i n . 2x8 Co p p e r s t e p fl a s h i n g u p wa l l 8 " m i n . Light location 2x 8 2x 8 2 x 12 4 12 ± 2 5 (e x i s t . ) SHEET NUMBERSHEET TITLEISSUE DATESTHESE DRAWINGS AND SPECIFICATIONS HAVE BEEN PROFESSIONALLY PREPARED BY MURPHY & COMPANY DESIGN, INC. AND ARE THE EXCLUSIVE PROPERTY OF MURPHY & COMPANY DESIGN, INC. THESE DOCUMENTS ARE NOT TO BE SHARED,REPRODUCED OR USED, IN WHOLE OR IN PART, WITHOUT THE EXPRESS WRITTEN CONSENT OF MURPHY & COMPANY DESIGN, INC.STAG'S LEAP CARRIAGE HOUSE 320 WOODHILL ROAD ORONO MN 55391 18-149 SEPTEMBER 23, 2019 [IN-PROGRESS]NOVEMBER 25, 2019 [IN-PROGRESS]APRIL 21, 2020 [PRICING]AUGUST 24, 2020 [CONSTRUCTION]EXTERIOR ELEVATION A6 Sc a l e : 1 4 " = 1 ' - 0 " 1 A6 So u t h e a s t E l e v a t i o n 10 0 10 0 To p o f t y p . Ga r a g e s l a b Ga r a g e c l g (+ / - 9 ' - 0 " ) To p o f t y p . Up p e r l e v e l f l o o r Up p e r l e v e l c l g (± 9 ' - 0 " ) 12 5 12 24 12 24126 12 9 1 A91A9 12 5 6 A1 0 6 A1 0 6 A10 8" h . w o o d t i m b e r w / 1 1 2 " ch a m f e r & j o i n t a s s h o w n - p r o j e c t 1 1 2 " f r o m f a c e o f s h e a t h i n g 10 " w . w o o d t i m b e r w / j o i n t as s h o w n - p r o j e c t 1 1 2 " f r o m fa c e o f s h e a t h i n g 12 " h . w o o d t i m b e r w / j o i n t s a s s h o w n - p r o j e c t 1 1 2 " f r o m f a c e o f s h e a t h i n g 1 1 2 " h . t a p e r e d st o n e p l i n t h ( t y p . ) Ex t e n d b e a m t o a l i g n w / ou t s i d e f a c e o f r a k e t r i m (s a m e @ o p p . s i d e ) Ou t s i d e f a c e o f s h e a t h i n g be y o n d s h o w n d a s h e d Wood brackets - see 2/A10 (flush w/ 2x8 trim below) . . Ma t c h v e r t i c a l e x p o s u r e o f 1x 4 f a s c i a t r i m @ s h e d r o o f 6 A1 0 Si m . 3 1 2 " 6 A1 0 3 A1 0 3 1 2 " 2x 8 Co m p o s i t e t r i m @ b a s e ( t y p . ) Ta p e r e d w o o d s i l l 1x t r i m @ d o r m e r fa c e & m u l l s 2 x 8 Co p p e r s t e p f l a s h i n g up w a l l 8 " m i n . Co p p e r r i d g e to m a t c h ma i n h o u s e Ch i m n e y - s e e No r t h w e s t E l e v a t i o n fo r n o t e s / d i m s 12 ± 2 5 (e x i s t . ) Al i g n c h a m f e r w / to p o f w n d w 2x8 8 e q . p a n e l s 2x8 trim SHEET NUMBERSHEET TITLEISSUE DATESTHESE DRAWINGS AND SPECIFICATIONS HAVE BEEN PROFESSIONALLY PREPARED BY MURPHY & COMPANY DESIGN, INC. AND ARE THE EXCLUSIVE PROPERTY OF MURPHY & COMPANY DESIGN, INC. THESE DOCUMENTS ARE NOT TO BE SHARED,REPRODUCED OR USED, IN WHOLE OR IN PART, WITHOUT THE EXPRESS WRITTEN CONSENT OF MURPHY & COMPANY DESIGN, INC.STAG'S LEAP CARRIAGE HOUSE 320 WOODHILL ROAD ORONO MN 55391 18-149 SEPTEMBER 23, 2019 [IN-PROGRESS]NOVEMBER 25, 2019 [IN-PROGRESS]APRIL 21, 2020 [PRICING]AUGUST 24, 2020 [CONSTRUCTION]EXTERIOR ELEVATION A7 Sc a l e : 1 4 " = 1 ' - 0 " 1 A7 No r t h e a s t E l e v a t i o n 10 1 10 1 Ga r a g e c l g (+ / - 9 ' - 0 " ) To p o f t y p . Ga r a g e s l a b To p o f t y p . Up p e r l e v e l s u b f l o o r Up p e r l e v e l c l g (+ / - 9 ' - 0 " ) 12 13 12 13 12 4 2 A92A9 Curved wall beyond - see plan 4 ' - 5 1 2 " 2 1 4 " t h i c k st o n e ch i m n e y t o p to m a t c h ma i n h o u s e 6 A1 0 3 1 2 " 6 A1 0 6 A1 0 Wo o d b r a c k e t s - s e e 2 / A 1 0 3 A1 0 Wn d w t r i m - se e 4 / A 1 0 ( s i m . ) 7 A1 0 Si m . 12 3 1x 8 2 x 8 2 x 8 Eq . "S u p e r i o r C l a y " La r g e E d w a r d i a n Co p p e r s t e p fl a s h i n g u p ch i m n e y 8 " m i n . Ro o f b e y o n d sh o w n d a s h e d Sh u t t e r s t o m a t c h ma i n h o u s e 6 A1 0 2 x 8 Do o r s w / d i a g . ( 4 5 ° ) 1 x 8 " v " gr o o v e b o a r d s t o m a t c h ov e r h e a d d o o r s . V e r i f y h a r d w a r e se l e c t i o n w / o w n e r & d e s i g n e r . Pr o v i d e M u r p h y & C o . w / s h o p dr a w i n g s p r i o r t o f a b r i c a t i o n 2 x 8 2 x 8 2 x 8 2x 8 12 13 12 4 12 ± 25 (exist.) 7 1 4 " ex p o s e d 7 1 4 " ex p o s e d . Th i n b r i c k @ ch i m n e y 3 1 2 " Eq . SHEET NUMBERSHEET TITLEISSUE DATESTHESE DRAWINGS AND SPECIFICATIONS HAVE BEEN PROFESSIONALLY PREPARED BY MURPHY & COMPANY DESIGN, INC. AND ARE THE EXCLUSIVE PROPERTY OF MURPHY & COMPANY DESIGN, INC. THESE DOCUMENTS ARE NOT TO BE SHARED,REPRODUCED OR USED, IN WHOLE OR IN PART, WITHOUT THE EXPRESS WRITTEN CONSENT OF MURPHY & COMPANY DESIGN, INC.STAG'S LEAP CARRIAGE HOUSE 320 WOODHILL ROAD ORONO MN 55391 18-149 SEPTEMBER 23, 2019 [IN-PROGRESS]NOVEMBER 25, 2019 [IN-PROGRESS]APRIL 21, 2020 [PRICING]AUGUST 24, 2020 [CONSTRUCTION]EXTERIOR ELEVATION A8 Sc a l e : 1 4 " = 1 ' - 0 " 1 A8 No t h w e s t E l e v a t i o n 10 2 10 2 MINUTES OF THE ORONO PLANNING COMMISSION October 19, 2020 6:00 o’clock p.m. 3. LA20-000064 KRAEMER & SONS, 320 WOODHILL ROAD, CONDITIONAL USE PERMITS (Staff: Melanie Curtis) Kevin Hilgers O/B/O Kraemer & Sons, Applicant, was present. Staff presented a summary of packet information. The applicant is requesting two conditional use permits for the property: 1) A CUP for a Guest House use; and 2) A CUP to install a full bathroom, including shower, in a new pool cabana building. Planning Department Staff recommends approval. Mr. Kevin Hilgers reported the project is within hardcover calculations and setbacks and they are simply following protocol for formality purposes. Chair Ressler opened the public hearing at 6:15 p.m. Chair Ressler closed the public hearing at 6:15 p.m. Chair Ressler asked Ms. Curtis to verify that the project will go under the existing septic that is already on site and there is nothing unique or exact being added. Ms. Curtis replied the property is connected to City sewer. Bollis moved, Libby seconded, to approve LA20-000064, 320 Woodhill Road, Conditional Use Permits. VOTE: Ayes 6, Nays 0. 103 103 Date Application Received: 09/22/2020 Date Application Considered as Complete: 09/22/2020 60-Day Review Period Expires: 11/21/2020 To: Chair Ressler and Planning Commission Members Dustin Rief, City Administrator From: Melanie Curtis, Planner mcc Date: 19 October 2020 Subject: #LA20-000064, John Kraemer & Sons, 320 Woodhill Road, Plumbing CUP Guest House CUP Public Hearing Background The applicant wishes to construct a new carriage house with a guest house use; and install full bathroom facilities in a new pool cabana on the property. Conditional use permits are required for the guest house use and for the proposed shower in the pool cabana. Applicable Regulations: Plumbing in the Accessory Building CUP (Section 78-418(2) + (6)) The applicant is proposing to construct a new carriage house with a guest house use on the upper floor; and a pool cabana with a full bathroom. Both uses require conditional use permits. Both buildings will be conforming with respect to size and location. Applicable Regulation: Conditional Use Permit (Section 78-916) The Planning Commission may recommend and the Council may grant a Conditional Use Permit (CUP) as the use permit was applied for or in modified form. On the basis of the application and the evidence submitted, the city must find that the proposed use at the proposed location is or will be: 1) Consistent with the community management plan; The proposed uses are residential in nature and residential use is consistent with the CMP guiding for this neighborhood. 2) Compliant with the zoning code, including any conditions imposed on specific uses as required by article V, division 3 of the City Code; The proposed accessory building improvements including the uses and plumbing fixtures are compliant with the zoning ordinance. Application Summary: The applicant is requesting two conditional use permits for the property: 1. A CUP for a Guest House use; and 2. A CUP to install a full bathroom, including shower, in a new pool cabana building. Staff Recommendation: Planning Department Staff recommends approval. 104 104 FILE # LA20-000064 19 Oct 2020 Page 2 of 3 3) Adequately served by police, fire, roads, and stormwater management; The proposed uses will be adequately served by existing services and facilities. 4) Provided with an adequate water supply and sewage disposal system; The property is served by sewer and a private well. This criterion is met. 5) Not expected to generate excessive demand for public services at public cost; This criterion is met. 6) Compatible with the surrounding area as the area is used both presently and as it is planned to be used in the future; The proposed pool cabana and guest house are residential in character and their use is expected to be compatible with the surrounding area. 7) Consistent with the character of the surrounding area, unless a change of character is called for in the community management plan; The pool cabana with plumbing and guest house are residential in visual character and are expected to be compatible with the principal building on the property and the surrounding area. 8) Compatible with the character of buildings and site improvements in the surrounding area, unless a change of character is called for in the community management plan; The architectural styling of the proposed cabana and guest house are expected to be residential-looking in character and consistent with that of the principal building on the Property. 9) Not expected to substantially impair the use and enjoyment of the property in the area or have a materially adverse impact on the property values in the area when compared to the impairment or impact of generally permitted uses; The proposed uses are not expected to have any adverse impacts. No information has been presented to indicate such. 10) Provided with screening and buffering adequate to mitigate undesirable views and activities likely to disturb surrounding uses; The pool cabana and guest house will be situated in conforming locations and will not be significantly visible when viewed from off the Property, and the views from the neighbors will be screened by existing vegetation and the physical separation. In the opinion of staff, additional screening or buffering is not necessary. 11) Not create a nuisance which generates smoke, noise, glare, vibration, odors, fumes, dust, electrical interference, general unsightliness, or other means; The proposed buildings are not expected to cause any of these undesirable impacts. 12) Not cause excessive non-residential traffic on residential streets, parking needs that cause a demonstrable inconvenience to adjoining properties, traffic congestion, or unsafe access; It is anticipated that the proposed buildings will not generate any of these undesirable issues. 13) Designed to take into account the natural, scenic, and historic features of the area and to minimize environmental impact; The proposed buildings have been visually designed to conform to the residence on the property, and will not have a negative environmental impact. 14) All exterior lighting shall be so directed so as not to cast glare toward or onto the public right-of-way or neighboring residential uses or districts; Applicant is hereby advised of this requirement; and 15) Not detrimental to the public health, public safety, or general welfare. This criterion is met. 105 105 FILE # LA20-000064 19 Oct 2020 Page 3 of 3 The CUPs may be granted subject to such conditions as the Council may prescribe. Further approval shall be granted only when the following criteria are met: 1. Regarding the guest house CUP, the lot is at least two times the minimum lot area required by this section; and 2. The guest house is for the sole use of the occupants of the principle dwelling, including their domestic employees and nonpaying guests. 3. The council finds that the proposed use of the pool cabana with a shower will not be detrimental to the residential character of the neighborhood. 4. The council finds that the plumbing fixtures proposed in the cabana are in keeping with the applicants’ intended use of the accessory building. 5. The property owner agrees to the filing of a covenant in the title of the property providing that the accessory buildings will not be: a. Used for a home occupation unless specifically approved by the city or if allowed by this Code. b. Used as a dwelling unless a guest house conditional use permit is obtained. c. Rented, leased or otherwise provided for use as a dwelling under any circumstances. Additionally, the CUPs shall remain in effect as long as the conditions imposed by the City Council are observed, but nothing in this section shall prevent the city from enacting or amending official controls to change the status of conditional uses. Public Comments To date, no public comments have been received. Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner as allowed by the Zoning Code? 2. Does the Planning Commission find that the approval, if granted, will not alter the essential character of the neighborhood? 3. Are there any other issues or concerns with this application? Planning Staff Recommendation Staff recommends approval conditioned upon the property owner’s agreement to the filing of a covenant in the title of the property addressing the guest house and that the pool cabana will not be used for a home occupation unless specifically approved by the city or if allowed by Code. The pool cabana will not be used as a dwelling unless a guest house conditional use permit is obtained. Neither building will be rented, or leased under any circumstances. List of Exhibits Exhibit A. Application Exhibit B. Proposed Survey Exhibit C. Proposed Plans and Elevations Exhibit D. Property Owners List Exhibit E. Plat Map 106 106 AGENDA ITEM Prepared By: LLO Reviewed By: J. Barnhart Approved By: DJR 1. Purpose. The applicant is requesting a conditional use permit to install a bathroom, including shower, in an accessory building. 2. Background. The applicant wishes to install a bathroom facilities in a 450 square foot accessory building. The heated two story building includes a bathroom, storage space and open office/ exercise space. A conditional use permit is required due to the proposed shower. 3. 15.99 Deadline. The applicant made a complete application on September 22, 2020. Following the 60-day Rule the application review period will expire November 21, 2020. 4. Planning Commission Vote and Comment The Planning Commission reviewed the application and held a public hearing October 19, 2020. The Commission discussed and agreed with findings for approval. Following the public hearing the Planning Commission voted 6 to 0 on a motion to approve the requested variance. 5. Public Comment To date, no submitted public comments have been received. 6. Staff Recommendation. Staff recommends approval. COUNCIL ACTION REQUESTED Motion to adopt or amend the approval resolution. Exhibits A. Proposed Plans B. DRAFT Resolution C. PC Minutes 10.19.20 D. PC Staff Report References A. Application B. Proposed Survey C. Proposed Plans and Elevations D. Property Owners List and Map Item No.: 15 Date: November 9, 2020 Item Description: LA20-000065 – Gonyea Transformations, 140 Kintyre Lane, CUP – Resolution Presenter: Laura Oakden Planner Agenda Section: Consent Agenda 107 107 A/C A/C 3.3' 2 0 .4 ' 2 3 .5 ' 44.2' FLR ELEV. = 1017.0 1 0 0 0 B o o n e A v e . N , S u i t e 4 0 0 - G o l d e n V a l l e y , M N 5 5 4 2 7 M a i n 7 6 3 .4 3 2 .4 5 1 0 F a x 7 6 3 .4 3 2 .4 5 0 1 P E R M I T P L A N S E T © GONYEA TRANSFORMATIONS 2020 L I C E N S E #B C 6 7 2 6 6 9 C O N C E P T S A N D P L A N S A R E P R O P E R T Y O F G O N Y E A T R A N S F O R M A T I O N S (R E M O D E L I N G S P E C I A L I S T S L L C d b a G O N Y E A T R A N S F O R M A T I O N S ). S O L E U S E B Y G O N Y E A T R A N S F O R M A T I O N S F O R T H E P U R P O S E O F D E S I G N I N G , P R E S E N T I N G , C O S T I N G A N D B U I L D I N G W I T H C L I E N T S U N D E R C O N T R A C T , O N L Y . A N Y U S E B Y P A R T I E S O T H E R T H A N G O N Y E A T R A N S F O R M A T I O N S F O R T H E A B O V E W I L L R E S U L T I N L E G A L A C T I O N . 9 -2 2 -2 0 W A T K I N S R E S I D E N C E 1 4 0 K I N T Y R E L A N E O R O N O , M N R E V I S I O N R E C O R D : 8 -2 1 -2 0 8 -2 6 -2 0 9 -2 -2 0 9 -2 2 -2 0 5 108 108 12" EEAASSTT EELLEEVVAATTIIOONN SSCCAALLEE:: 11//44"" == 11''--00"" 44 11 10 x 10 CEDAR POST 2x10 RAFTERS w/ CLIPPED ENDS 1x4 CEDAR PURLINS O.C. 2x12 CEDAR BEAMS ASPHALT SHINGLES 1x2 OVER 1x10 L.P. TRIM 4" L.P. CORNER TRIM (TYP.) L.P. SIDING 8:12 5:12 1x3 OVER 1x8 L.P. FASCIA L.P. SOFFITS 6" L.P. FRIEZE BRD. 10" L.P. FRIEZE BRD. 1 0 " 1 '-0 " 8 '-1 0 " SSOOUUTTHH EELLEEVVAATTIIOONN SSCCAALLEE:: 11//44"" == 11''--00"" 11 11 12 8 12 5 CEDAR BRACKET 1x3 OVER 1x8 L.P. FASCIA 4" L.P. CORNER TRIM (TYP.) 10 x 10 CEDAR POST L.P. SIDING L.P. SHAKES 6" L.P. FRIEZE L.P. SOFFITS 6" L.P. FRIEZE BRD. 1x6 L.P. TRIM w/ 1x4 L.P. SILL EXTEND SILL 2" PAST TRIM 2x8 L.P. LINTEL w/ DRIP EDGE EXTEND LINTEL 2" PAST TRIM 12" WWEESSTT EELLEEVVAATTIIOONN SSCCAALLEE:: 11//44"" == 11''--00"" 22 11 10 x 10 CEDAR POST 2x10 RAFTERS w/ CLIPPED ENDS 1x4 CEDAR PURLINS O.C. 2x12 CEDAR BEAMS 4" L.P. CORNER TRIM (TYP.) L.P. SIDING 1x3 OVER 1x8 L.P. FASCIA L.P. SOFFITS 6" L.P. FRIEZE BRD. 8:12 NNOORRTTHH EELLEEVVAATTIIOONN SSCCAALLEE:: 11//44"" == 11''--00"" 33 11 12 8 12 5 CEDAR BRACKET 1x3 OVER 1x8 L.P. FASCIA w/ L.P. SOFFITS 1x2 OVER 1x10 L.P. TRIM 4" L.P. CORNER TRIM (TYP.) L.P. SIDING L.P. SHAKES 6" L.P. FRIEZE BRD. 6" L.P. FRIEZE BRD. 6" L.P. FRIEZE BRD. 1 0 0 0 B o o n e A v e . N , S u i t e 4 0 0 - G o l d e n V a l l e y , M N 5 5 4 2 7 M a i n 7 6 3 .4 3 2 .4 5 1 0 F a x 7 6 3 .4 3 2 .4 5 0 1 P E R M I T P L A N S E T © GONYEA TRANSFORMATIONS 2020 L I C E N S E #B C 6 7 2 6 6 9 C O N C E P T S A N D P L A N S A R E P R O P E R T Y O F G O N Y E A T R A N S F O R M A T I O N S (R E M O D E L I N G S P E C I A L I S T S L L C d b a G O N Y E A T R A N S F O R M A T I O N S ). S O L E U S E B Y G O N Y E A T R A N S F O R M A T I O N S F O R T H E P U R P O S E O F D E S I G N I N G , P R E S E N T I N G , C O S T I N G A N D B U I L D I N G W I T H C L I E N T S U N D E R C O N T R A C T , O N L Y . 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U P 1 5 R PPEERRGGOOLLAA EENNTTRRYY LLEEVVEELL FFLLOOOORR PPLLAANN SSCCAALLEE:: 11//44"" == 11''--00"" 11 22 PED. CANTILEVER ABOVE @ 1 6 " O .C . 1 8 " T R U S S E S 10 x 10 CEDAR POST 2x12 CEDAR BEAM 2x12 CEDAR RAFTERS WITH CLIPPED ENDS 1x4 CEDAR PURLINS W O O D S T E P S 1 3 1 3 1 3 1 3 F .D . LOOKOUTFULL FOUNDATION LOOKOUT WALKOUT SMALL RETAINING AS REQ'D BY GRADE EXISTING RETAINING 2 3 2 3 2 3 2 3 18" DIA. x 48" CONC. SONOTUBE TYPICAL AT PERGOLA POSTS 1 TRTD. PLATE ON 3'-6" x 8" CONC. FDN. WALL R-10 DRAINAGE BOARD ON 20" x 8" CONT. CONC. FTG. REBAR PER CODE 1 TRTD. PLATE ON4 4'-0" x 8" CONC. FDN. WALL R-10 DRAINAGE BOARD ON 20" x 8" CONT. CONC. FTG. REBAR PER CODE W03W03 W03W03 W04W04 W04W04 W04W04W01W01 W01W01 W01W01 W02W02 W02W02 W02W02 2 2 '-0 " 22'-0" 4'-0"14'-0"4'-0" 3'-2"3'-10"3'-10"3'-2" 2 '-0 " 2 0 '-0 " 1 3 '-3 " 3 '-3 " 3 '-6 " 2 '-0 " 2 0 '-0 " 2 2 '-0 " 3 '-6 " 3 '-3 " 6 '-6 " 3 '-3 " 3 '-6 " 22'-0" 4'-2"13'-8"4'-2" 3'-8"3'-8"14'-2" 9 '-2 " 1 '-3 " 10' PLATE HGT. 8' PLATE HGT. C O F F E E B A R /S T O R . w / U /C R E F OOFFFFIICCEE SSPPAACCEE EEXXEERRCCIISSEE SSPPAACCEE C L G V A U L T 7 :1 2 7 :1 2 8' PLATE HGT. 3) FLOATING SHELVES 96"t WALLS w/ WOOD TOP ENG. WD. FLR. ENG. WD. FLR. w/ RUBBER MAT E N G . W D . S T E P S D N 1 5 R UUPPPPEERR LLEEVVEELL FFLLOOOORR PPLLAANN SSCCAALLEE:: 11//44"" == 11''--00"" 22 22 SSCCAALLEE:: 11//44"" == 11''--00"" Window Schedule Number Label Qty R/O Manufacturer Comments W01 3030AWN 3 36 1/2"x36 1/2"ANDERSON 100 EXERCISE AREA W02 3620PIC OVER 3660PIC 3 42 1/2"x96"ANDERSON 100 OFFICE AREA W03 3030AWN 2 36 1/2"x36 1/2"ANDERSON 100 SITTING AREA W04 3030PIC 3 36 1/2"x36 1/2"ANDERSON 100 STAIRWELL SSIITTTTIINNGG AARREEAA ENG. WD. FLR. PITCH CHANGE 3 :1 2 C L G V A U L T C L G V A U L T WDW HDR - SIZE T.B.D. 2 -2 x 1 0 3" MULL 3" MULL 3" MULL 7 :1 2 C L G V A U L T 3 " M U L L 3 " M U L L 2-2x10 2-2x10 2 -2 x 1 0 2 -2 x 1 0 3 2 3 2 @ 2 4 " O .C . M A N U F . R O O F T R U S S E S 1 3 1 3 1 3 1 3 2 3 2 3 2 3 2 3 1 0 0 0 B o o n e A v e . N , S u i t e 4 0 0 - G o l d e n V a l l e y , M N 5 5 4 2 7 M a i n 7 6 3 .4 3 2 .4 5 1 0 F a x 7 6 3 .4 3 2 .4 5 0 1 P E R M I T P L A N S E T © GONYEA TRANSFORMATIONS 2020 L I C E N S E #B C 6 7 2 6 6 9 C O N C E P T S A N D P L A N S A R E P R O P E R T Y O F G O N Y E A T R A N S F O R M A T I O N S (R E M O D E L I N G S P E C I A L I S T S L L C d b a G O N Y E A T R A N S F O R M A T I O N S ). S O L E U S E B Y G O N Y E A T R A N S F O R M A T I O N S F O R T H E P U R P O S E O F D E S I G N I N G , P R E S E N T I N G , C O S T I N G A N D B U I L D I N G W I T H C L I E N T S U N D E R C O N T R A C T , O N L Y . A N Y U S E B Y P A R T I E S O T H E R T H A N G O N Y E A T R A N S F O R M A T I O N S F O R T H E A B O V E W I L L R E S U L T I N L E G A L A C T I O N . 9 -2 2 -2 0 W A T K I N S R E S I D E N C E 1 4 0 K I N T Y R E L A N E O R O N O , M N R E V I S I O N R E C O R D : 8 -2 1 -2 0 8 -2 6 -2 0 9 -2 -2 0 9 -2 2 -2 0 2 110 110 2 5 " 24" 3 1 /2 " 2 0 1 /2 " 3 1/2" 16" 3 1/2" 4 5 . 0 ° CCEEDDAARR BBRRAACCKKEETT DDEETTAAIILL SSCCAALLEE:: 11//22"" == 11''--00"" 44 33 4x CEDAR ASPHALT SHINGLES ON 15# ROOF FELT 1/2" O.S.B. SHEATHING w/ H-CLIPS INSTALL WIND WASH & 4' OF ICE & WATER SHIELD 1 0 '-1 1 /8 " 6 '-1 0 " 8 '-1 0 " 8 '-1 1 /8 " 1 '-6 " 8 '-0 " 3 '-6 " 3/4" T&G SUBFLOOR 18" FLOOR TRUSSES @ 19.2" O.C. W A L L P L A T E H E I G H T (T Y P .) W D W H E A D H E I G H T (T Y P .) W A L L P L A T E H E I G H T @ B U M P O U T W D W H E A D H E I G H T @ B U M P O U T 12 8 H E E L H E I G H T 12 5 12 8 12 7 12 3 VENT 1/300 OF ATTIC 50% AT RIDGE 50% AT SOFFIT R-49 CEILING INSULATION 4mil VAPOR BARRIER 5/8" GYP. BOARD MIN. 1" AIR SPACE @ EAVE 1/2" GYP. BOARD 4mil. VAPOR BARRIER 2x6 STUDS @ 16" O.C. R-21 BATT INSULATION 7/16" OSB SHEATHING SIDING PER ELEVATION SLOPED GRADE OOFFFFIICCEE // EEXXEERRCCIISSEE MMEECCHH.. // SSTTOORR.. 5/8" F.R. GYP BRD. NO MUD/TAPE BBUUIILLDDIINNGG SSEECCTTIIOONN SSCCAALLEE:: 11//44"" == 11''--00"" 11 33 1 TRTD. PLATE ON 8'-0" x 8" CONC. FDN. WALL R-10 DRAINAGE BOARD ON 20" x 8" CONT. CONC. FTG. REBAR PER CODE UNFIN. / CONC. FLR ENG. WD. FLR. 24" x 24" CEDAR BRACKET SEE DETAIL 3-3 SLOPED GRADE STEP FTG AS NEEDED FOR FROST PROTECTION 1 TRTD. PLATE ON 3'-6" x 8" CONC. LOOKOUT FDN. WALL R-10 DRAINAGE BOARD ON 20" x 8" CONT. CONC. FTG. REBAR PER CODE 1 '-6 " 1 '-6 " 1 '-6 " 1 '-6 " 1'-6" 1'-6" RROOOOFF PPLLAANN SSCCAALLEE:: 11//44"" == 11''--00"" 33 33 8 8 :: 1 1 2 2 8 8 ::1 1 2 2 8 8 ::1 1 2 2 5 5 :: 1 1 2 2 PPIITTCCHH CCHHAANNGGEE 8 8 ::1 1 2 2 E E Y Y E E B B R R O O W W 8 8 ::1 1 2 2 E E Y Y E E B B R R O O W W 8 8 :: 1 1 2 2 ASPHALT SHINGLES ON 15# ROOF FELT 1/2" O.S.B. SHEATHING w/ H-CLIPS INSTALL WIND WASH & 4' OF ICE & WATER SHIELD 8 '-1 1 /8 " 4 '-0 " 10" 7 1 /2 " 8 '-0 " 1 '-6 " 4 '-0 " 18" FLOOR TRUSSES @ 19.2" O.C. WOOD CAP W A L L H G T . W A L L H G T . 3" FLOATING SHELVES OOFFFFIICCEE // EEXXEERRCCIISSEE EENNTTRRYY BBUUIILLDDIINNGG SSEECCTTIIOONN SSCCAALLEE:: 11//44"" == 11''--00"" 22 33 TILE FLR ENG. WD. FLR. BBAATTHH TILE FLR 12 8 H E E L H E I G H T 12 7 R-49 CEILING INSULATION 4mil VAPOR BARRIER 5/8" GYP. BOARD MIN. 1" AIR SPACE @ EAVE 1/2" GYP. BOARD 4mil. VAPOR BARRIER 2x6 STUDS @ 16" O.C. R-21 BATT INSULATION 7/16" OSB SHEATHING SIDING PER ELEVATION VENT 1/300 OF ATTIC 50% AT RIDGE 50% AT SOFFIT 1/2" GYP. BOARD 4mil. VAPOR BARRIER 2x6 STUDS @ 16" O.C. R-21 BATT INSULATION 7/16" OSB SHEATHING SIDING PER ELEVATION SLOPED GRADE SLOPED GRADE STEP FTG AS NEEDED FOR FROST PROTECTION 1 TRTD. PLATE ON 4'-0" x 8" CONC. WALKOUT FDN. WALL R-10 DRAINAGE BOARD ON 20" x 8" CONT. CONC. FTG. REBAR PER CODE 1 TRTD. PLATE ON 4'-0" x 8" CONC. LOOKOUT FDN. WALL R-10 DRAINAGE BOARD ON 20" x 8" CONT. CONC. FTG. REBAR PER CODE STEP FTG AS NEEDED FOR FROST PROTECTION 1 0 0 0 B o o n e A v e . N , S u i t e 4 0 0 - G o l d e n V a l l e y , M N 5 5 4 2 7 M a i n 7 6 3 .4 3 2 .4 5 1 0 F a x 7 6 3 .4 3 2 .4 5 0 1 P E R M I T P L A N S E T © GONYEA TRANSFORMATIONS 2020 L I C E N S E #B C 6 7 2 6 6 9 C O N C E P T S A N D P L A N S A R E P R O P E R T Y O F G O N Y E A T R A N S F O R M A T I O N S (R E M O D E L I N G S P E C I A L I S T S L L C d b a G O N Y E A T R A N S F O R M A T I O N S ). S O L E U S E B Y G O N Y E A T R A N S F O R M A T I O N S F O R T H E P U R P O S E O F D E S I G N I N G , P R E S E N T I N G , C O S T I N G A N D B U I L D I N G W I T H C L I E N T S U N D E R C O N T R A C T , O N L Y . A N Y U S E B Y P A R T I E S O T H E R T H A N G O N Y E A T R A N S F O R M A T I O N S F O R T H E A B O V E W I L L R E S U L T I N L E G A L A C T I O N . 9 -2 2 -2 0 W A T K I N S R E S I D E N C E 1 4 0 K I N T Y R E L A N E O R O N O , M N R E V I S I O N R E C O R D : 8 -2 1 -2 0 8 -2 6 -2 0 9 -2 -2 0 9 -2 2 -2 0 3 111 111 WP R 4 GFCI 3WP SD EP DC SD DM A T AV Control C5/TVC5 TV T SP SP DDEESSCCRRIIPPTTIIOONNSSYYMMBBOOLL EELLEECCTTRRIICCAALL//DDAATTAA// AAUUDDIIOO LLEEGGEENNDD Ceiling Fan Ventilation Fans: Ceiling Mounted, Wall Mounted Ceiling Mounted Light Fixtures: Surface/Pendant, Recessed, Heat Lamp, Low Voltage Wall Mounted Light Fixtures: Flush Mounted, Wall Sconce Chandelier Light Fixture 240V Receptacle 110V Receptacles: Duplex, Weather Proof, GFCI Switches: Single Pole, Weather Proof, 3-Way, 4-Way Switches: Dimmer, Timer Audio Video: Control Panel, Switch Wall Jacks: CAT5, CAT5 + TV, TV/Cable Telephone Jack Intercom Thermostat Door Chime, Door Bell Button Smoke Detectors: Ceiling Mounted, Wall Mounted Electrical Breaker Panel Speakers: Ceiling Mounted, Wall Mounted Fluorescent Light Fixture R R R R R R R RR R R R 3 3 3 NNEEWW UUPPPPEERR LLEEVVEELL EELLEECCTTRRIICCAALL SSCCAALLEE:: 11//44"" == 11''--00"" 22 44 WH R NNEEWW EENNTTRRYY LLEEVVEELL EELLEECCTTRRIICCAALL SSCCAALLEE:: 11//44"" == 11''--00"" 11 44 FURN. WH F.D. 1 0 0 0 B o o n e A v e . N , S u i t e 4 0 0 - G o l d e n V a l l e y , M N 5 5 4 2 7 M a i n 7 6 3 .4 3 2 .4 5 1 0 F a x 7 6 3 .4 3 2 .4 5 0 1 P E R M I T P L A N S E T © GONYEA TRANSFORMATIONS 2020 L I C E N S E #B C 6 7 2 6 6 9 C O N C E P T S A N D P L A N S A R E P R O P E R T Y O F G O N Y E A T R A N S F O R M A T I O N S (R E M O D E L I N G S P E C I A L I S T S L L C d b a G O N Y E A T R A N S F O R M A T I O N S ). S O L E U S E B Y G O N Y E A T R A N S F O R M A T I O N S F O R T H E P U R P O S E O F D E S I G N I N G , P R E S E N T I N G , C O S T I N G A N D B U I L D I N G W I T H C L I E N T S U N D E R C O N T R A C T , O N L Y . A N Y U S E B Y P A R T I E S O T H E R T H A N G O N Y E A T R A N S F O R M A T I O N S F O R T H E A B O V E W I L L R E S U L T I N L E G A L A C T I O N . 9 -2 2 -2 0 W A T K I N S R E S I D E N C E 1 4 0 K I N T Y R E L A N E O R O N O , M N R E V I S I O N R E C O R D : 8 -2 1 -2 0 8 -2 6 -2 0 9 -2 -2 0 9 -2 2 -2 0 4 112 112 A/C A/C 3.3' 2 0 .4 ' 2 3 .5 ' 44.2' FLR ELEV. = 1017.0 1 0 0 0 B o o n e A v e . N , S u i t e 4 0 0 - G o l d e n V a l l e y , M N 5 5 4 2 7 M a i n 7 6 3 .4 3 2 .4 5 1 0 F a x 7 6 3 .4 3 2 .4 5 0 1 P E R M I T P L A N S E T © GONYEA TRANSFORMATIONS 2020 L I C E N S E #B C 6 7 2 6 6 9 C O N C E P T S A N D P L A N S A R E P R O P E R T Y O F G O N Y E A T R A N S F O R M A T I O N S (R E M O D E L I N G S P E C I A L I S T S L L C d b a G O N Y E A T R A N S F O R M A T I O N S ). S O L E U S E B Y G O N Y E A T R A N S F O R M A T I O N S F O R T H E P U R P O S E O F D E S I G N I N G , P R E S E N T I N G , C O S T I N G A N D B U I L D I N G W I T H C L I E N T S U N D E R C O N T R A C T , O N L Y . A N Y U S E B Y P A R T I E S O T H E R T H A N G O N Y E A T R A N S F O R M A T I O N S F O R T H E A B O V E W I L L R E S U L T I N L E G A L A C T I O N . 9 -2 2 -2 0 W A T K I N S R E S I D E N C E 1 4 0 K I N T Y R E L A N E O R O N O , M N R E V I S I O N R E C O R D : 8 -2 1 -2 0 8 -2 6 -2 0 9 -2 -2 0 9 -2 2 -2 0 5 113 113 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 1 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT PURSUANT TO MUNICIPAL ZONING CODE SECTIONS 78-418(6) & 78-1437 FILE NO. LA20-000065 WHEREAS, on September 22, 2020, Gonyea Transformations o/b/o Christopher Watkins (hereinafter the “Applicants”), applied for a conditional use permit (hereinafter the “CUP”) pursuant to City Code for the property addressed 140 Kintyre Lane and legally described as: Lot 2, Block 2, Kintyre Two, Hennepin County, Minnesota (hereinafter the “Property”); WHEREAS, the Applicants have made application to the City of Orono for a CUP pursuant to Orono Municipal Zoning Code Section 78-418(6) to allow plumbing including a bathtub or shower within an accessory building; and WHEREAS, on October 19, 2020, after published and mailed notice in accordance with Minnesota Statutes and the City Code, the Planning Commission held a public hearing, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, on October 19, 2020 the Planning Commission recommended approval of the CUP to allow plumbing including a bathtub or shower within an accessory building; and WHEREAS, on November 9, 2020, the City Council reviewed the application and the recommendations of the Planning Commission and City staff, NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves the requested CUP for plumbing including a bathtub or shower within an accessory building 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 #LA20-000065. 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. 114 114 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 2 2. The Property is located in the RR-1B Residential Zoning District. 3. The Property contains 2.24 acres in area. 4. The Property is exempt to the Stormwater Quality Overlay District. 5. Applicant has applied for the following: a. A conditional use permit for plumbing including a bathtub or shower within an accessory building. 6. In considering this application for CUP for plumbing including a bathtub or shower within an accessory building, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed CUP 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. CONDITIONAL USE PERMIT ANALYSIS: The Council finds that the proposed use at the proposed location is or will be: 1) Consistent with the community management plan; The proposed use is residential in nature and residential use is consistent with the CMP guiding for this neighborhood. 2) Compliant with the zoning code, including any conditions imposed on specific uses as required by article V, division 3 of the City Code; The proposed accessory building improvement including the plumbing fixtures are compliant with the zoning ordinance. 3) Adequately served by police, fire, roads, and stormwater management; The proposed use will be adequately served by existing services and facilities. 4) Provided with an adequate water supply and sewage disposal system; The Property is served by City sewer and private well. This criterion is met. 5) Not expected to generate excessive demand for public services at public cost; This criterion is met. 6) Compatible with the surrounding area as the area is used both presently and as it is planned to be used in the future The proposed accessory building with a storage and 115 115 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 3 office space is residential in character and its use is expected to be compatible with the surrounding area 7) Consistent with the character of the surrounding area, unless a change of character is called for in the community management plan; The accessory building including plumbing is residential in visual character and is expected to be compatible with the house on the Property and the surrounding area. 8) Compatible with the character of buildings and site improvements in the surrounding area, unless a change of character is called for in the community management plan; The architectural styling of the proposed accessory building is expected to be residential-looking in character and consistent with that of the principal structure on the Property. 9) Not expected to substantially impair the use and enjoyment of the property in the area or have a materially adverse impact on the property values in the area when compared to the impairment or impact of generally permitted uses; The use of the accessory building with storage and office space includes plumbing is not expected to have any adverse impacts. 10) Provided with screening and buffering adequate to mitigate undesirable views and activities likely to disturb surrounding uses; The accessory building will be situated in a conforming location and will not be significantly visible when viewed from the road. 11) Not create a nuisance which generates smoke, noise, glare, vibration, odors, fumes, dust, electrical interference, general unsightliness, or other means; The proposed accessory building with plumbing is not expected to cause any of these undesirable impacts. 12) Not cause excessive non-residential traffic on residential streets, parking needs that cause a demonstrable inconvenience to adjoining properties, traffic congestion, or unsafe access; It is anticipated that the proposed building will not generate any of these undesirable issues. 13) Designed to take into account the natural, scenic, and historic features of the area and to minimize environmental impact; The proposed building has been visually designed to conform to the residence on the Property, and will not have a negative environmental impact. 116 116 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 4 14) All exterior lighting shall be so directed so as not to cast glare toward or onto the public right-of-way or neighboring residential uses or districts; the Applicants are hereby advised of this requirement and have noted the narrative that all lighting will be downcast; and 15) Not detrimental to the public health, public safety, or general welfare. This criteria is met. 16) The plumbing fixtures proposed are in keeping with the intended use of the accessory building. 17) The Owners agree to the filing of a covenant in the title of the Property providing that the accessory building will not be: a. Used for a home occupation unless specifically approved by the city or if allowed by this Code. b. Used as a dwelling unless a guest house conditional use permit is obtained. c. Rented, leased or otherwise provided for use as a dwelling under any circumstances. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants a conditional use permit to allow plumbing including a bathtub or shower in an accessory building pursuant to Orono Municipal Zoning Code Section 78-418(6) in conjunction with the construction of a new detached garage; subject to the following conditions: 1. Council approval is based on the entire record, above Findings. 2. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. 3. The conditional use permit granted by this resolution runs 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 conditional use permit will expire on that date (November 9, 2021). 4. The undersigned Owners hereby agree to the filing of a covenant in the title of the Property providing that the accessory building will not be: 117 117 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 5 a. Used for a home occupation unless specifically approved by the city or if allowed by this Code. b. Used as a dwelling unless a guest house conditional use permit is obtained. c. Rented, leased or otherwise provided for use as a dwelling under any circumstances. 5. Violation of or non-compliance with any of the terms and conditions of this resolution may result in the termination of any authority granted herein. ADOPTED by the Orono City Council on this 9th day of November, 2020. ATTEST: CITY OF ORONO: _______________________________ ________________________________ Anna Carlson, City Clerk Dennis Walsh, Mayor ______________________________ Christopher Watkins, Property Owner STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this ___ day of ___________, 2020, by Christopher Watkins ____________________________________ Notary Public 118 118 A/C A/C 3.3' 2 0 .4 ' 2 3 .5 ' 44.2' FLR ELEV. = 1017.0 1 0 0 0 B o o n e A v e . N , S u i t e 4 0 0 - G o l d e n V a l l e y , M N 5 5 4 2 7 M a i n 7 6 3 .4 3 2 .4 5 1 0 F a x 7 6 3 .4 3 2 .4 5 0 1 P E R M I T P L A N S E T © GONYEA TRANSFORMATIONS 2020 L I C E N S E #B C 6 7 2 6 6 9 C O N C E P T S A N D P L A N S A R E P R O P E R T Y O F G O N Y E A T R A N S F O R M A T I O N S (R E M O D E L I N G S P E C I A L I S T S L L C d b a G O N Y E A T R A N S F O R M A T I O N S ). S O L E U S E B Y G O N Y E A T R A N S F O R M A T I O N S F O R T H E P U R P O S E O F D E S I G N I N G , P R E S E N T I N G , C O S T I N G A N D B U I L D I N G W I T H C L I E N T S U N D E R C O N T R A C T , O N L Y . A N Y U S E B Y P A R T I E S O T H E R T H A N G O N Y E A T R A N S F O R M A T I O N S F O R T H E A B O V E W I L L R E S U L T I N L E G A L A C T I O N . 9 -2 2 -2 0 W A T K I N S R E S I D E N C E 1 4 0 K I N T Y R E L A N E O R O N O , M N R E V I S I O N R E C O R D : 8 -2 1 -2 0 8 -2 6 -2 0 9 -2 -2 0 9 -2 2 -2 0 5 119 119 12" EEAASSTT EELLEEVVAATTIIOONN SSCCAALLEE:: 11//44"" == 11''--00"" 44 11 10 x 10 CEDAR POST 2x10 RAFTERS w/ CLIPPED ENDS 1x4 CEDAR PURLINS O.C. 2x12 CEDAR BEAMS ASPHALT SHINGLES 1x2 OVER 1x10 L.P. TRIM 4" L.P. CORNER TRIM (TYP.) L.P. SIDING 8:12 5:12 1x3 OVER 1x8 L.P. FASCIA L.P. SOFFITS 6" L.P. FRIEZE BRD. 10" L.P. FRIEZE BRD. 1 0 " 1 '-0 " 8 '-1 0 " SSOOUUTTHH EELLEEVVAATTIIOONN SSCCAALLEE:: 11//44"" == 11''--00"" 11 11 12 8 12 5 CEDAR BRACKET 1x3 OVER 1x8 L.P. FASCIA 4" L.P. CORNER TRIM (TYP.) 10 x 10 CEDAR POST L.P. SIDING L.P. SHAKES 6" L.P. FRIEZE L.P. SOFFITS 6" L.P. FRIEZE BRD. 1x6 L.P. TRIM w/ 1x4 L.P. SILL EXTEND SILL 2" PAST TRIM 2x8 L.P. LINTEL w/ DRIP EDGE EXTEND LINTEL 2" PAST TRIM 12" WWEESSTT EELLEEVVAATTIIOONN SSCCAALLEE:: 11//44"" == 11''--00"" 22 11 10 x 10 CEDAR POST 2x10 RAFTERS w/ CLIPPED ENDS 1x4 CEDAR PURLINS O.C. 2x12 CEDAR BEAMS 4" L.P. CORNER TRIM (TYP.) L.P. SIDING 1x3 OVER 1x8 L.P. FASCIA L.P. SOFFITS 6" L.P. FRIEZE BRD. 8:12 NNOORRTTHH EELLEEVVAATTIIOONN SSCCAALLEE:: 11//44"" == 11''--00"" 33 11 12 8 12 5 CEDAR BRACKET 1x3 OVER 1x8 L.P. FASCIA w/ L.P. SOFFITS 1x2 OVER 1x10 L.P. TRIM 4" L.P. CORNER TRIM (TYP.) L.P. SIDING L.P. SHAKES 6" L.P. FRIEZE BRD. 6" L.P. FRIEZE BRD. 6" L.P. FRIEZE BRD. 1 0 0 0 B o o n e A v e . N , S u i t e 4 0 0 - G o l d e n V a l l e y , M N 5 5 4 2 7 M a i n 7 6 3 .4 3 2 .4 5 1 0 F a x 7 6 3 .4 3 2 .4 5 0 1 P E R M I T P L A N S E T © GONYEA TRANSFORMATIONS 2020 L I C E N S E #B C 6 7 2 6 6 9 C O N C E P T S A N D P L A N S A R E P R O P E R T Y O F G O N Y E A T R A N S F O R M A T I O N S (R E M O D E L I N G S P E C I A L I S T S L L C d b a G O N Y E A T R A N S F O R M A T I O N S ). S O L E U S E B Y G O N Y E A T R A N S F O R M A T I O N S F O R T H E P U R P O S E O F D E S I G N I N G , P R E S E N T I N G , C O S T I N G A N D B U I L D I N G W I T H C L I E N T S U N D E R C O N T R A C T , O N L Y . A N Y U S E B Y P A R T I E S O T H E R T H A N G O N Y E A T R A N S F O R M A T I O N S F O R T H E A B O V E W I L L R E S U L T I N L E G A L A C T I O N . 9 -2 2 -2 0 W A T K I N S R E S I D E N C E 1 4 0 K I N T Y R E L A N E O R O N O , M N R E V I S I O N R E C O R D : 8 -2 1 -2 0 8 -2 6 -2 0 9 -2 -2 0 9 -2 2 -2 0 1 120 120 WH 3 0 6 1 1 F U L L V I E W 2 6 6 8 2 8 6 8 2 8 6 8 G L S D R 1 TRTD. PLATE ON 8'-0" x 8" CONC. FDN. WALL R-10 DRAINAGE BOARD ON 20" x 8" CONT. CONC. FTG. REBAR PER CODE 2 " 1 9 '-8 " 2 " 2" 13'-8"8'-2" 2"17'-10"4'-0" 2'-0"10"13'-2"22'-0" 4'-2"4'-0" 2 0 '-0 " 2 '-2 " 2 '-1 0 " 8'-6"1'-3" 3 '-9 " 5 '-5 " 1 '-0 " 1 0 " 1 6 '-4 " 1 0 " 1 '-0 " 22'-0" 2 0 '-0 " EE XX II SS TT II NN GG PP AA TT II OO 33//44 BBAATTHH TILE FLR. EENNTTRRYY TILE FLR. SSTTOORR.. CONC. FLR. MMEECCHH.. // SSTTOORR.. CONC. FLR. F U R N . W H 8 4 "t L I N E N TTIILLEE SSHHWWRR.. G L S P N L & D R O N C U R B 2) SHLVS. U P 1 5 R PPEERRGGOOLLAA EENNTTRRYY LLEEVVEELL FFLLOOOORR PPLLAANN SSCCAALLEE:: 11//44"" == 11''--00"" 11 22 PED. CANTILEVER ABOVE @ 1 6 " O .C . 1 8 " T R U S S E S 10 x 10 CEDAR POST 2x12 CEDAR BEAM 2x12 CEDAR RAFTERS WITH CLIPPED ENDS 1x4 CEDAR PURLINS W O O D S T E P S 1 3 1 3 1 3 1 3 F .D . LOOKOUTFULL FOUNDATION LOOKOUT WALKOUT SMALL RETAINING AS REQ'D BY GRADE EXISTING RETAINING 2 3 2 3 2 3 2 3 18" DIA. x 48" CONC. SONOTUBE TYPICAL AT PERGOLA POSTS 1 TRTD. PLATE ON 3'-6" x 8" CONC. FDN. WALL R-10 DRAINAGE BOARD ON 20" x 8" CONT. CONC. FTG. REBAR PER CODE 1 TRTD. PLATE ON4 4'-0" x 8" CONC. FDN. WALL R-10 DRAINAGE BOARD ON 20" x 8" CONT. CONC. FTG. REBAR PER CODE W03W03 W03W03 W04W04 W04W04 W04W04W01W01 W01W01 W01W01 W02W02 W02W02 W02W02 2 2 '-0 " 22'-0" 4'-0"14'-0"4'-0" 3'-2"3'-10"3'-10"3'-2" 2 '-0 " 2 0 '-0 " 1 3 '-3 " 3 '-3 " 3 '-6 " 2 '-0 " 2 0 '-0 " 2 2 '-0 " 3 '-6 " 3 '-3 " 6 '-6 " 3 '-3 " 3 '-6 " 22'-0" 4'-2"13'-8"4'-2" 3'-8"3'-8"14'-2" 9 '-2 " 1 '-3 " 10' PLATE HGT. 8' PLATE HGT. C O F F E E B A R /S T O R . w / U /C R E F OOFFFFIICCEE SSPPAACCEE EEXXEERRCCIISSEE SSPPAACCEE C L G V A U L T 7 :1 2 7 :1 2 8' PLATE HGT. 3) FLOATING SHELVES 96"t WALLS w/ WOOD TOP ENG. WD. FLR. ENG. WD. FLR. w/ RUBBER MAT E N G . W D . S T E P S D N 1 5 R UUPPPPEERR LLEEVVEELL FFLLOOOORR PPLLAANN SSCCAALLEE:: 11//44"" == 11''--00"" 22 22 SSCCAALLEE:: 11//44"" == 11''--00"" Window Schedule Number Label Qty R/O Manufacturer Comments W01 3030AWN 3 36 1/2"x36 1/2"ANDERSON 100 EXERCISE AREA W02 3620PIC OVER 3660PIC 3 42 1/2"x96"ANDERSON 100 OFFICE AREA W03 3030AWN 2 36 1/2"x36 1/2"ANDERSON 100 SITTING AREA W04 3030PIC 3 36 1/2"x36 1/2"ANDERSON 100 STAIRWELL SSIITTTTIINNGG AARREEAA ENG. WD. FLR. PITCH CHANGE 3 :1 2 C L G V A U L T C L G V A U L T WDW HDR - SIZE T.B.D. 2 -2 x 1 0 3" MULL 3" MULL 3" MULL 7 :1 2 C L G V A U L T 3 " M U L L 3 " M U L L 2-2x10 2-2x10 2 -2 x 1 0 2 -2 x 1 0 3 2 3 2 @ 2 4 " O .C . M A N U F . R O O F T R U S S E S 1 3 1 3 1 3 1 3 2 3 2 3 2 3 2 3 1 0 0 0 B o o n e A v e . N , S u i t e 4 0 0 - G o l d e n V a l l e y , M N 5 5 4 2 7 M a i n 7 6 3 .4 3 2 .4 5 1 0 F a x 7 6 3 .4 3 2 .4 5 0 1 P E R M I T P L A N S E T © GONYEA TRANSFORMATIONS 2020 L I C E N S E #B C 6 7 2 6 6 9 C O N C E P T S A N D P L A N S A R E P R O P E R T Y O F G O N Y E A T R A N S F O R M A T I O N S (R E M O D E L I N G S P E C I A L I S T S L L C d b a G O N Y E A T R A N S F O R M A T I O N S ). S O L E U S E B Y G O N Y E A T R A N S F O R M A T I O N S F O R T H E P U R P O S E O F D E S I G N I N G , P R E S E N T I N G , C O S T I N G A N D B U I L D I N G W I T H C L I E N T S U N D E R C O N T R A C T , O N L Y . A N Y U S E B Y P A R T I E S O T H E R T H A N G O N Y E A T R A N S F O R M A T I O N S F O R T H E A B O V E W I L L R E S U L T I N L E G A L A C T I O N . 9 -2 2 -2 0 W A T K I N S R E S I D E N C E 1 4 0 K I N T Y R E L A N E O R O N O , M N R E V I S I O N R E C O R D : 8 -2 1 -2 0 8 -2 6 -2 0 9 -2 -2 0 9 -2 2 -2 0 2 121 121 2 5 " 24" 3 1 /2 " 2 0 1 /2 " 3 1/2" 16" 3 1/2" 4 5 . 0 ° CCEEDDAARR BBRRAACCKKEETT DDEETTAAIILL SSCCAALLEE:: 11//22"" == 11''--00"" 44 33 4x CEDAR ASPHALT SHINGLES ON 15# ROOF FELT 1/2" O.S.B. SHEATHING w/ H-CLIPS INSTALL WIND WASH & 4' OF ICE & WATER SHIELD 1 0 '-1 1 /8 " 6 '-1 0 " 8 '-1 0 " 8 '-1 1 /8 " 1 '-6 " 8 '-0 " 3 '-6 " 3/4" T&G SUBFLOOR 18" FLOOR TRUSSES @ 19.2" O.C. W A L L P L A T E H E I G H T (T Y P .) W D W H E A D H E I G H T (T Y P .) W A L L P L A T E H E I G H T @ B U M P O U T W D W H E A D H E I G H T @ B U M P O U T 12 8 H E E L H E I G H T 12 5 12 8 12 7 12 3 VENT 1/300 OF ATTIC 50% AT RIDGE 50% AT SOFFIT R-49 CEILING INSULATION 4mil VAPOR BARRIER 5/8" GYP. BOARD MIN. 1" AIR SPACE @ EAVE 1/2" GYP. BOARD 4mil. VAPOR BARRIER 2x6 STUDS @ 16" O.C. R-21 BATT INSULATION 7/16" OSB SHEATHING SIDING PER ELEVATION SLOPED GRADE OOFFFFIICCEE // EEXXEERRCCIISSEE MMEECCHH.. // SSTTOORR.. 5/8" F.R. GYP BRD. NO MUD/TAPE BBUUIILLDDIINNGG SSEECCTTIIOONN SSCCAALLEE:: 11//44"" == 11''--00"" 11 33 1 TRTD. PLATE ON 8'-0" x 8" CONC. FDN. WALL R-10 DRAINAGE BOARD ON 20" x 8" CONT. CONC. FTG. REBAR PER CODE UNFIN. / CONC. FLR ENG. WD. FLR. 24" x 24" CEDAR BRACKET SEE DETAIL 3-3 SLOPED GRADE STEP FTG AS NEEDED FOR FROST PROTECTION 1 TRTD. PLATE ON 3'-6" x 8" CONC. LOOKOUT FDN. WALL R-10 DRAINAGE BOARD ON 20" x 8" CONT. CONC. FTG. REBAR PER CODE 1 '-6 " 1 '-6 " 1 '-6 " 1 '-6 " 1'-6" 1'-6" RROOOOFF PPLLAANN SSCCAALLEE:: 11//44"" == 11''--00"" 33 33 8 8 :: 1 1 2 2 8 8 ::1 1 2 2 8 8 ::1 1 2 2 5 5 :: 1 1 2 2 PPIITTCCHH CCHHAANNGGEE 8 8 ::1 1 2 2 E E Y Y E E B B R R O O W W 8 8 ::1 1 2 2 E E Y Y E E B B R R O O W W 8 8 :: 1 1 2 2 ASPHALT SHINGLES ON 15# ROOF FELT 1/2" O.S.B. SHEATHING w/ H-CLIPS INSTALL WIND WASH & 4' OF ICE & WATER SHIELD 8 '-1 1 /8 " 4 '-0 " 10" 7 1 /2 " 8 '-0 " 1 '-6 " 4 '-0 " 18" FLOOR TRUSSES @ 19.2" O.C. WOOD CAP W A L L H G T . W A L L H G T . 3" FLOATING SHELVES OOFFFFIICCEE // EEXXEERRCCIISSEE EENNTTRRYY BBUUIILLDDIINNGG SSEECCTTIIOONN SSCCAALLEE:: 11//44"" == 11''--00"" 22 33 TILE FLR ENG. WD. FLR. BBAATTHH TILE FLR 12 8 H E E L H E I G H T 12 7 R-49 CEILING INSULATION 4mil VAPOR BARRIER 5/8" GYP. BOARD MIN. 1" AIR SPACE @ EAVE 1/2" GYP. BOARD 4mil. VAPOR BARRIER 2x6 STUDS @ 16" O.C. R-21 BATT INSULATION 7/16" OSB SHEATHING SIDING PER ELEVATION VENT 1/300 OF ATTIC 50% AT RIDGE 50% AT SOFFIT 1/2" GYP. BOARD 4mil. VAPOR BARRIER 2x6 STUDS @ 16" O.C. R-21 BATT INSULATION 7/16" OSB SHEATHING SIDING PER ELEVATION SLOPED GRADE SLOPED GRADE STEP FTG AS NEEDED FOR FROST PROTECTION 1 TRTD. PLATE ON 4'-0" x 8" CONC. WALKOUT FDN. WALL R-10 DRAINAGE BOARD ON 20" x 8" CONT. CONC. FTG. REBAR PER CODE 1 TRTD. PLATE ON 4'-0" x 8" CONC. LOOKOUT FDN. WALL R-10 DRAINAGE BOARD ON 20" x 8" CONT. CONC. FTG. REBAR PER CODE STEP FTG AS NEEDED FOR FROST PROTECTION 1 0 0 0 B o o n e A v e . N , S u i t e 4 0 0 - G o l d e n V a l l e y , M N 5 5 4 2 7 M a i n 7 6 3 .4 3 2 .4 5 1 0 F a x 7 6 3 .4 3 2 .4 5 0 1 P E R M I T P L A N S E T © GONYEA TRANSFORMATIONS 2020 L I C E N S E #B C 6 7 2 6 6 9 C O N C E P T S A N D P L A N S A R E P R O P E R T Y O F G O N Y E A T R A N S F O R M A T I O N S (R E M O D E L I N G S P E C I A L I S T S L L C d b a G O N Y E A T R A N S F O R M A T I O N S ). S O L E U S E B Y G O N Y E A T R A N S F O R M A T I O N S F O R T H E P U R P O S E O F D E S I G N I N G , P R E S E N T I N G , C O S T I N G A N D B U I L D I N G W I T H C L I E N T S U N D E R C O N T R A C T , O N L Y . A N Y U S E B Y P A R T I E S O T H E R T H A N G O N Y E A T R A N S F O R M A T I O N S F O R T H E A B O V E W I L L R E S U L T I N L E G A L A C T I O N . 9 -2 2 -2 0 W A T K I N S R E S I D E N C E 1 4 0 K I N T Y R E L A N E O R O N O , M N R E V I S I O N R E C O R D : 8 -2 1 -2 0 8 -2 6 -2 0 9 -2 -2 0 9 -2 2 -2 0 3 122 122 WP R 4 GFCI 3WP SD EP DC SD DM A T AV Control C5/TVC5 TV T SP SP DDEESSCCRRIIPPTTIIOONNSSYYMMBBOOLL EELLEECCTTRRIICCAALL//DDAATTAA// AAUUDDIIOO LLEEGGEENNDD Ceiling Fan Ventilation Fans: Ceiling Mounted, Wall Mounted Ceiling Mounted Light Fixtures: Surface/Pendant, Recessed, Heat Lamp, Low Voltage Wall Mounted Light Fixtures: Flush Mounted, Wall Sconce Chandelier Light Fixture 240V Receptacle 110V Receptacles: Duplex, Weather Proof, GFCI Switches: Single Pole, Weather Proof, 3-Way, 4-Way Switches: Dimmer, Timer Audio Video: Control Panel, Switch Wall Jacks: CAT5, CAT5 + TV, TV/Cable Telephone Jack Intercom Thermostat Door Chime, Door Bell Button Smoke Detectors: Ceiling Mounted, Wall Mounted Electrical Breaker Panel Speakers: Ceiling Mounted, Wall Mounted Fluorescent Light Fixture R R R R R R R RR R R R 3 3 3 NNEEWW UUPPPPEERR LLEEVVEELL EELLEECCTTRRIICCAALL SSCCAALLEE:: 11//44"" == 11''--00"" 22 44 WH R NNEEWW EENNTTRRYY LLEEVVEELL EELLEECCTTRRIICCAALL SSCCAALLEE:: 11//44"" == 11''--00"" 11 44 FURN. WH F.D. 1 0 0 0 B o o n e A v e . N , S u i t e 4 0 0 - G o l d e n V a l l e y , M N 5 5 4 2 7 M a i n 7 6 3 .4 3 2 .4 5 1 0 F a x 7 6 3 .4 3 2 .4 5 0 1 P E R M I T P L A N S E T © GONYEA TRANSFORMATIONS 2020 L I C E N S E #B C 6 7 2 6 6 9 C O N C E P T S A N D P L A N S A R E P R O P E R T Y O F G O N Y E A T R A N S F O R M A T I O N S (R E M O D E L I N G S P E C I A L I S T S L L C d b a G O N Y E A T R A N S F O R M A T I O N S ). S O L E U S E B Y G O N Y E A T R A N S F O R M A T I O N S F O R T H E P U R P O S E O F D E S I G N I N G , P R E S E N T I N G , C O S T I N G A N D B U I L D I N G W I T H C L I E N T S U N D E R C O N T R A C T , O N L Y . A N Y U S E B Y P A R T I E S O T H E R T H A N G O N Y E A T R A N S F O R M A T I O N S F O R T H E A B O V E W I L L R E S U L T I N L E G A L A C T I O N . 9 -2 2 -2 0 W A T K I N S R E S I D E N C E 1 4 0 K I N T Y R E L A N E O R O N O , M N R E V I S I O N R E C O R D : 8 -2 1 -2 0 8 -2 6 -2 0 9 -2 -2 0 9 -2 2 -2 0 4 123 123 A/C A/C 3.3' 2 0 .4 ' 2 3 .5 ' 44.2' FLR ELEV. = 1017.0 1 0 0 0 B o o n e A v e . N , S u i t e 4 0 0 - G o l d e n V a l l e y , M N 5 5 4 2 7 M a i n 7 6 3 .4 3 2 .4 5 1 0 F a x 7 6 3 .4 3 2 .4 5 0 1 P E R M I T P L A N S E T © GONYEA TRANSFORMATIONS 2020 L I C E N S E #B C 6 7 2 6 6 9 C O N C E P T S A N D P L A N S A R E P R O P E R T Y O F G O N Y E A T R A N S F O R M A T I O N S (R E M O D E L I N G S P E C I A L I S T S L L C d b a G O N Y E A T R A N S F O R M A T I O N S ). S O L E U S E B Y G O N Y E A T R A N S F O R M A T I O N S F O R T H E P U R P O S E O F D E S I G N I N G , P R E S E N T I N G , C O S T I N G A N D B U I L D I N G W I T H C L I E N T S U N D E R C O N T R A C T , O N L Y . A N Y U S E B Y P A R T I E S O T H E R T H A N G O N Y E A T R A N S F O R M A T I O N S F O R T H E A B O V E W I L L R E S U L T I N L E G A L A C T I O N . 9 -2 2 -2 0 W A T K I N S R E S I D E N C E 1 4 0 K I N T Y R E L A N E O R O N O , M N R E V I S I O N R E C O R D : 8 -2 1 -2 0 8 -2 6 -2 0 9 -2 -2 0 9 -2 2 -2 0 5 124 124 MINUTES OF THE ORONO PLANNING COMMISSION October 19, 2020 6:00 o’clock p.m. _____________________________________________________________________________________ 4. LA20-000065 GONYEA TRANSFORMATIONS, 140 KINTYRE LANE, CONDITIONAL USE PERMIT (Staff: Laura Oakden) Tom Larson O/B/O Gonyea Transformations, Applicant, was present. Staff presented a summary of packet information. The applicant is requesting a conditional use permit (CUP) to install a 450 square foot accessory building which will include a bathroom, shower, storage space, open office and exercise space. The CUP is due to the shower request. Planning Department Staff recommends approval conditioned upon property owners’ agreement to filing restrictive covenants. Tom Larson added that this new structure will be tied to the existing sewer and water on the property. Chair Ressler opened the public hearing at 6:18 p.m. Chair Ressler closed the public hearing at 6:18 p.m. Kirchner moved, Erickson seconded, to approve LA20-000065, 140 Kintyre Lane, Conditional Use Permit contingent upon restrictive covenants as recommended by City Staff. VOTE: Ayes 6, Nays 0. 125 125 Date Application Received: 09/22/2020 Date Application Considered as Complete 09/22/2020 60-Day Review Period Expires: 11/21/2020 To: Chair Ressler and Planning Commission Members Dustin Rief, City Administrator From: Laura Oakden, Planner Date: October 19, 2020 Subject: #LA20-000065, Gonyea Transformations, 140 Kintyre Lane, CUP, Public Hearing Background The applicant wishes to install a bathroom facilities in a 450 square foot accessory building. The heated two story building includes a bathroom, storage space and open office/ exercise space. A conditional use permit is required due to the proposed shower. Applicable Regulations: Plumbing in the Accessory Building CUP (Section 78-328(7) & 78-1434) The proposed accessory building, a storage area with office space, is permitted, the applicant’s request to install a bathroom with shower facilities requires a CUP. The property is 2.24 acres in area, allowing a total of 2,400 square feet in accessory building. There are no other accessory buildings on the property at this time. Applicable Regulation: Conditional Use Permit (Section 78-916) The Planning Commission may recommend and the Council may grant a Conditional Use Permit (CUP) as the use permit was applied for or in modified form. On the basis of the application and the evidence submitted, the city must find that the proposed use at the proposed location is or will be: 1) Consistent with the community management plan; The proposed use is residential in nature and residential use is consistent with the CMP guiding for this neighborhood. 2) Compliant with the zoning code, including any conditions imposed on specific uses as required by article V, division 3 of the City Code; The proposed accessory building improvement including the plumbing fixtures are compliant with the zoning ordinance. 3) Adequately served by police, fire, roads, and stormwater management; The proposed use will be adequately served by existing services and facilities. 4) Provided with an adequate water supply and sewage disposal system; The property is served by City sewer and private well. This criterion is met. 5) Not expected to generate excessive demand for public services at public cost; This criterion is met. Application Summary:The applicant is requesting a conditional use permit to install a bathroom, including shower, in an accessory building. Staff Recommendation: Planning Department Staff recommends approval. 126 126 FILE # LA20-000064 19 October 2020 Page 2 of 3 6) Compatible with the surrounding area as the area is used both presently and as it is planned to be used in the future; The proposed accessory building with a storage and office space is residential in character and its use is expected to be compatible with the surrounding area. 7) Consistent with the character of the surrounding area, unless a change of character is called for in the community management plan; The accessory building including plumbing is residential in visual character and is expected to be compatible with the house on the property and the surrounding area. 8) Compatible with the character of buildings and site improvements in the surrounding area, unless a change of character is called for in the community management plan; The architectural styling of the proposed accessory building appears to be consistent with the permit for the principal structure on the Property. 9) Not expected to substantially impair the use and enjoyment of the property in the area or have a materially adverse impact on the property values in the area when compared to the impairment or impact of generally permitted uses; The use of the accessory building with storage and office space includes plumbing is not expected to have any adverse impacts. 10) Provided with screening and buffering adequate to mitigate undesirable views and activities likely to disturb surrounding uses; The accessory building will be situated in a conforming location and will not be significantly visible when viewed from the road. 11) Not create a nuisance which generates smoke, noise, glare, vibration, odors, fumes, dust, electrical interference, general unsightliness, or other means; The proposed accessory building with plumbing is not expected to cause any of these undesirable impacts. 12) Not cause excessive non-residential traffic on residential streets, parking needs that cause a demonstrable inconvenience to adjoining properties, traffic congestion, or unsafe access; It is anticipated that the proposed building will not generate any of these undesirable issues. 13) Designed to take into account the natural, scenic, and historic features of the area and to minimize environmental impact; The proposed building has been visually designed to conform to the residence on the property, and will not have a negative environmental impact. 14) All exterior lighting shall be so directed so as not to cast glare toward or onto the public right-of-way or neighboring residential uses or districts; Applicants are hereby advised of this requirement and have noted in the narrative that all lighting will be downcast; and 15) Not detrimental to the public health, public safety, or general welfare. This criterion is met. Bathing facilities in accessory structures is not uncommon. As part of the review of the conditional use, the city imposes conditions to prevent the accessory building from becoming a second dwelling unit. A CUP may be granted subject to such conditions as the Council may prescribe. Further approval shall be granted only when the following criteria are met: 1. The council finds that the proposed use of the accessory building with a shower will not be detrimental to the residential character of the neighborhood. 127 127 FILE # LA20-000064 19 October 2020 Page 3 of 3 2. The council finds that the plumbing fixtures proposed are in keeping with the applicants’ intended use of the accessory building. 3. The accessory building is conforming in location, size and height. 4. The property owner agrees to the filing of a covenant in the title of the property providing that the accessory building will not be: a. Used for a home occupation unless specifically approved by the city or if allowed by this Code. b. Used as a dwelling unless a guest house conditional use permit is obtained. c. Rented, leased or otherwise provided for use as a dwelling under any circumstances. Additionally, a CUP shall remain in effect as long as the conditions imposed by the City Council are observed, but nothing in this section shall prevent the city from enacting or amending official controls to change the status of conditional uses. Public Comments To date, no submitted public comments have been received. Issues for Consideration 1. Does the Planning Commission find that the approval, if granted, will not alter the essential character of the neighborhood? 2. Are there any other issues or concerns with this application? Planning Staff Recommendation Staff recommends approval conditioned upon the property owners’ agreement to the filing of a covenant in the title of the property addressing the plumbing in an accessory building providing that the accessory building will not be: 1. Used for a home occupation unless specifically approved by the city or if allowed by this Code. 2. Used as a dwelling unless a guest house conditional use permit is obtained. 3. Rented, leased or otherwise provided for use as a dwelling under any circumstances. 4. Regarding future subdivision of the property: a. No future subdivision will be approved that places the accessory building within a lot that has no principal building b. If the property is subdivided, the accessory building and principal building will be located together within a lot that meets the minimum lot area requirement for the given size of the accessory building. c. In subdivision approval, the setback required for the accessory building shall remain. List of Exhibits Exhibit A. Application Exhibit B. Proposed Survey Exhibit C. Proposed Plans and Elevations Exhibit D. Property Owners List and Map 128 128 AGENDA ITEM Prepared By: LLO Reviewed By: J Barnhart Approved By DJR 1. Purpose. The applicant is requesting an average lakeshore setback variance. 2. Background. The applicant is proposing to add an addition along the side of the existing home. The entire home is located lakeward of the average lakeshore setback. This home was constructed around 1920. The addition will be used as a solarium and will be roughly 11’ tall from existing grade. 3. 15.99 Deadline. The application was deemed complete on September 29, 2020. Following the 60-day rule the application review time period will expire November 28, 2020. 4. Planning Commission Vote and Comment. The Planning Commission reviewed the application and held a public hearing October 19, 2020. The Commission discussed the proposed location in relation to the average lakeshore setback and neighbor’s lake views. Following the public hearing the Planning Commission voted 6 to 0 on a motion to approve the requested variance. 5. Public Comment. The Applicant submitted two emails from neighbors in support of the project. 6. Staff Recommendation. Staff recommends approval. COUNCIL ACTION REQUESTED Motion to adopt or amend the approval resolution. Exhibits A. Proposed Plans B. DRAFT Resolution C. PC Minutes 10.19.20 D. PC Staff Report E. Emails from Neighbors References PC Exhibits A. Application B. Practical Difficulties Documentation Form C. Existing & Proposed Survey/Site Plan and Hardcover D. Proposed Plans and Elevations E. Emails from Neighbors F. Property Owners List and Map Item No.: 16 Date: November 9, 2020 Item Description: LA20-000066 – Marty Sarenpa, 1101 North Arm Drive, Variance - Resolution Presenter: Laura Oakden Planner Agenda Section: Consent Agenda 129 129 130 1 3 0 131 131 132 132 133 133 134 134 135 135 136 136 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 1 A RESOLUTION APPROVING A VARIANCE FROM MUNICIPAL ZONING CODE SECTION 78-1279 FILE NO. LA20-000066 WHEREAS, on September 29, 2020, Marty Sarenpa (“Applicant”), applied for a variance from the City Code for the property addressed 1101 North Arm Drive and legally described as: Lot 1, including the adjoining part of the street on the North, no vacated, and all of Lots 2 and 3, and the North ½ of that part of West Point Avenue heretofore vacated, in all Skarp and Linquist’s Fernhill, Lake Minnetonka, Hennepin County, Minnesota (hereinafter the “Property”); WHEREAS, the Applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1279 to allow for an average lakeshore setback; and WHEREAS, on October 19, 2020, after published and mailed notice in accordance with Minnesota Statutes and the City Code, the Planning Commission held a public hearing, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, on October 19, 2020, the Planning Commission recommended approval of the variance; and WHEREAS, on November 9, 2020, the City Council reviewed the application and the recommendations of the Planning Commission and City staff; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves the requested variance as described above based on one or more of the following findings of fact concerning the Property: FINDINGS OF FACT: 1. This application was reviewed as Zoning File #LA20-000066. 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. 137 137 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 2 2. The Property is located in the LR-1B Zoning District. 3. The Property contains 1 acre in area and has a defined lot width of 170’ feet. 4. The Property is within Tier 1 and hardcover is limited to 25 % according to the Stormwater Quality Overlay District. 5. Applicant has applied for the following variance: a. Average Lakeshore Setback 6. In considering this application for variance, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. ANALYSIS: 1. “Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance . . . .” The proposed location of the home addition does not block lake views of the adjacent property owners, and therefore is harmonious with the intent of the Ordinance. 2. “Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan.” The average lakeshore setback variance is consistent with the goals in the comprehensive plan to protect lake views. 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 proposes to use the property in a reasonable manner not permitted by the official controls; The variance requests are residential in nature and are reasonable considering the current location of the home. b. There are circumstances unique to the property not created by the landowner; The location of the structures on the property and configuration of the lot were not created by the property owner. The current home is roughly 100 years old and c. The variance will not alter the essential character of the locality. The visual impacts resulting from the additions proposed within the average lakeshore setback will not alter the character of the neighborhood. Rather, the home will not impact views from the lake nor will it appear to be more visually obtrusive than the existing buildings on the property. 138 138 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 3 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination. 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter 78. This condition is not applicable. 6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located. This condition is not applicable, as the use for a residential home is an allowed conditional use in the LR-1B District. 7. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. This condition is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The home currently sits within the setback and the addition is not going to change the setback from the lake. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The proposed addition will not change the current setbacks from the lake and meets all other zoning setback requirements. The location of the existing home is unique. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The existing home can be re-built in kind, the proposed addition is necessary to permit the property owners continued enjoyment of their property. The addition is located in a location which serves the intent and goals of the ordinance by minimizing visual impacts to the lake. 11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. The proposed project will not impair the health, safety, comfort, or morals of the public. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. Granting of the variance will resolve and alleviate a demonstrated practical difficulty. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-1279 to allow an average lakeshore setback, subject to the following conditions: 1. Council approval is based on the entire record, above Findings. 139 139 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 4 2. The approved project shall conform to the survey dated October 1, 2020 and building plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibit A. 3. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. 4. Authorities granted by this resolution run with the Property not with the Applicants, but are permissive only and must be exercised by obtaining a building permit for the new construction and commencing construction of said project. A framing inspection must be completed within one year of the date of Council approval, or the variance will expire on that date (November 9, 2021). 5. Violation of or non-compliance with any of the terms and conditions of this resolution may result in the termination of any authority granted herein. ADOPTED by the Orono City Council on this ______ day of ________________, 20__. ATTEST: CITY OF ORONO: _______________________________ ________________________________ Anna Carlson, City Clerk Dennis Walsh, Mayor 140 140 141 1 4 1 142 142 143 143 144 144 MINUTES OF THE ORONO PLANNING COMMISSION October 19, 2020 6:00 o’clock p.m. _____________________________________________________________________________________ 5. LA20-000066 MARTY SARENPA, 1101 NORTH ARM DRIVE, VARIANCE (Staff: Laura Oakden) Marty Sarenpa, Applicant, was present. Staff presented a summary of packet information. The applicant is requesting an average lakeshore setback variance. Staff finds there are practical difficulties inherent with the property as the existing location limits the type or any additions/renovations that can be done. Planning Department Staff recommends approval of the average lakeshore setback variance. Chair Ressler said the variance they are talking about is average lakeshore setback and seeing as this is building like-kind, the addition of additional structure will not further encroach upon the average setback. The additional structure is not triggering a variance for total structure or finished hardcover and asked if that is correct. Ms. Oakden replied that is correct; the Applicant is meeting all other zoning requirements and they are asking to do an addition for a solarium on the South side of the home, not lakeward of the existing home. Marty Sarenpa, 1101 North Arm Drive, stated he is looking for a variance to build a solarium and can answer any questions. Chair Ressler opened the public hearing at 6:22 p.m. Chair Ressler closed the public hearing at 6:22 p.m. Ressler stated the application serves many of the purposes the Planning Commission normally faces, they are not further encroaching, they are building like-kind, the only variance entertained is average lakeshore setback and they are not worsening an existing condition. He is inclined to support Staff’s recommendation. Erickson asked Mr. Sarenpa, in looking at the aerial photo it looks like there is a good-sized shade tree fairly close to the proposed solarium and wondered if he is contemplating taking the tree down for more sunlight. Mr. Sarenpa responded no; it is an old oak tree which was damaged from straight-line winds before he purchased the property back in the early 1990’s. He is not looking to take the tree down and hopes it lasts as long as possible. Kirchner moved, Bollis seconded, to approve LA20-000066, 1101 North Arm Drive. VOTE: Ayes 6, Nays 0. 145 145 Date Application Received: September 24, 2020 Date Application Considered as Complete: September 29, 2020 60-Day Review Period Expires: November 28, 2020 To: Chair Ressler and Planning Commission Members Dustin Rief, City Administrator From: Laura Oakden, Planner Date: October 19, 2020 Subject: LA20-000066, Marty Sarenpa, 1101 North Arm Dr, Variance, Public Hearing Background The applicant is proposing to add an addition along the side of the existing home. The entire home is located lakeward of the average lakeshore setback. This home was constructed around 1920. The addition will be used as a solarium and will be roughly 11’ tall from existing grade. Practical Difficulties Analysis Applicant Submittal Information: The applicant has identified the current location of the existing home as practical difficulty supporting the requested. Additionally, they have provided supporting documentation regarding Practical Difficulties attached as Exhibit B, and should be asked for additional testimony regarding the application. Planning Staff Practical Difficulty Analysis: Regarding practical difficulty, Staff finds there is practical difficulties inherent with the proposed property. The existing home location limits the types of addition and renovations that can be done with the home. The proposed addition meets all setbacks and other zoning requirements. The proposed addition will not create any new encroachment in the lake view. LOT ANALYSIS WORKSHEET Section 78-330- Setbacks: DISTRICT LR-1B Required Existing Proposed Street 30’ 121’ 121’ No change Side (North) 10’ 20’ 20’ No change Side (South) 10’ 110’ 95’ Lakeshore 75’ 104’ 104’ No change Average Lakeshore Not Met Section 78-1700 - Hardcover Calculations: Stormwater Overlay District Tier Total Area in Zone Allowed Hardcover Existing Hardcover Proposed Hardcover Application Summary: The applicant is requesting an average lakeshore setback variance. Staff Recommendation: Planning Department Staff recommends approval. 146 146 LA20-000066 October 19, 2020 Page 2 of 4 Tier 1 42,613s.f. (1 acre) 10,653 s.f. (25 %) 5,637 s.f. 13.2 %) 5,922 s.f. (13.9 %) Applicable Regulations: Average Lakeshore Setback Variance (Section 78-1279) The existing home is currently placed forward of the ALS. The proposed addition is on the south side of the property. The proposed addition meets all other zoning requirements and does not encroach on any neighboring lakeview. Governing Regulation: Variance (Section 78-123) In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. According to MN §462.357 Subd. 6(2) variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance. The proposed location of the home addition does not block lake views of the adjacent property owners, and therefore is harmonious with the intent of the Ordinance. 2. The variance is consistent with the comprehensive plan. The average lakeshore setback variance is consistent with the goals in the comprehensive plan to protect lake views. 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 variance requests are residential in nature and are reasonable considering the current location of the home. b. There are circumstances unique to the property not created by the landowner; ; The location of the structures on the property and configuration of the lot were not created by the property owner and c. The variance will not alter the essential character of the locality. The visual impacts resulting from the additions proposed within the average lakeshore setback will not alter the character of the neighborhood. Rather, the home will not impact views from the lake nor will it appear to be more visually obtrusive than the existing buildings on the property. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 147 147 LA20-000066 October 19, 2020 Page 3 of 4 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination. 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter 78. This condition is not applicable. 6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located. This condition is not applicable, as the use for a residential home is an allowed conditional use in the LR-1B District. 7. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. This condition is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The home currently sits within the setback and the addition is not going to change the setback from the lake. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The proposed addition will not change the current setbacks from the lake and meets all other zoning setback requirements. The location of the existing home is unique. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The existing home can be re-built in kind, the proposed addition is necessary to permit the property owners continued enjoyment of their property. The addition is located in a location which serves the intent and goals of the ordinance by minimizing visual impacts to the lake. 11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. The proposed project will not impair the health, safety, comfort, or morals of the public. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. Granting of the variance will resolve and alleviate a demonstrated practical difficulty. The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Public Comments The Applicant submitted two emails from neighbors in support of the project. 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? Planning Staff Recommendation Planning Staff recommends approval of the average lakeshore setback variance. 148 148 LA20-000066 October 19, 2020 Page 4 of 4 List of Exhibits Exhibit A. Application Exhibit B. Practical Difficulties Documentation Form Exhibit C. Existing & Proposed Survey/Site Plan and Hardcover Exhibit D. Proposed Plans and Elevations Exhibit E. Emails from Neighbors Exhibit F. Property Owners List and Map 149 149 AGENDA ITEM Prepared By: mcc Reviewed By: J. Barnhart Approved By: DJR 1. Purpose. This application is regarding an average lakeshore setback variance to construct a lakeside porch. 2. MN§15.99 Application Deadline. The application was received on September 23rd, and was considered to be complete on September 24th. Therefore the 60-Day review period expires on November 23, 2020. 3. Background/ Summary. The owners would like to construct a roofed porch addition on the lakeside of the home, on the 2nd floor, which will extend into the average lakeshore setback. The current home is situated partially ahead of the average lakeshore setback. The addition would be entirely within the average lakeshore setback and is proposed to extend 10 feet further toward the lake than the home, expanding the encroachment. 4. Planning Commission Vote and Comment. On October, 19th, the Planning Commission held a public hearing. The Commission discussed the location of the existing improvements on the property and potential impacts to the neighbors on the west side. Following the public hearing the Planning Commission voted 6 to 0 on a motion to approve the requested variance. 5. Public Comment. Supportive comments from the neighbors on the east side were received and are attached as Exhibit D. 6. Staff Recommendation. Staff recommends approval. COUNCIL ACTION REQUESTED Motion to adopt or amend the approval resolution. Item No.: 17 Date: November 9, 2020 Item Description: LA20-000067 – Alethea Sadowski o/b/o Roger and Nancy McCabe, 1265 Shoreline Drive, Variance – Resolution Presenter: Melanie Curtis Planner Agenda Section: Consent Agenda 150 150 AGENDA ITEM Prepared By: mcc Reviewed By: J. Barnhart Approved By: DJR Exhibits A. Draft Resolution B. Proposed Plans C. Draft PC Minutes D. Public Comment E. PC Staff Report References PC Exhibits 10/19/2020 A. Application & Narrative B. Practical Difficulties Documentation Form C. Proposed Survey w/ Staff Annotations D. Proposed Plans and Elevations E. Hardcover Calculations F. Photo G. Aerial Photos H. Property Owners List I. Plat Map 151 151 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 1 A RESOLUTION APPROVING A VARIANCE FROM MUNICIPAL ZONING CODE SECTION 78-1279 FILE NO. LA20 -000067 WHEREAS, on September 23, 2020, Alethea Sadowski (hereinafter the “Applicant”), on behalf of the Owners, Roger and Nancy McCabe, applied for a variance from the City Code for the property addressed 1265 Shoreline Drive and legally described as: Tract A, Registered Land Survey No. 1123, Files of Registrar of Titles, County of Hennepin, Minnesota (hereinafter the “Property”); WHEREAS, the Applicant has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1279 to allow construction of a lakeside porch addition to the home lakeward of the average lakeshore setback line; and WHEREAS, on October 19, 2020, after published and mailed notice in accordance with Minnesota Statutes and the City Code, the Planning Commission held a public hearing, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, on October 19, 2020, the Planning Commission recommended approval of the variance; and WHEREAS, on November 9, 2020, the City Council reviewed the application and the recommendations of the Planning Commission and City staff; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves the requested variance as described above based on one or more of the following findings of fact concerning the Property: FINDINGS OF FACT: 1. This application was reviewed as Zoning File #LA20-000067. The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the above mentioned meetings, and any and all other materials distributed at these meetings are hereby incorporated by reference. 2. The Property is located in the LR-1A One Family Lakeshore Residential Zoning District. 152 152 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 2 3. The Property contains 1.2 acres in area and has a defined lot width of 140 feet. 4. The Property is within Tier 1 and hardcover is limited to 25% according to the Stormwater Quality Overlay District. 5. Applicant has applied for the following variance: a. Average Lakeshore Setback Variance 6. In considering this application for variance, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. ANALYSIS: 1. “Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance . . . .” The requested average lakeshore setback variance is in harmony with the Ordinance as the most adjacent neighbors’ views of the lake will not be impacted by the improvements. 2. “Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan.” The variance resulting in a permit for construction of an addition to an existing single family residence in a residential zone is consistent with the Comprehensive Plan. 3. “Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. ‘Practical difficulties,’ as used in connection with the granting of a variance, means that: a. The property owner in question proposes to use the property in a reasonable manner, however, the proposed use is not permitted by the official controls. The request to permit construction of improvements lakeward of the average lakeshore setback appears to be reasonable; the mature vegetation, topography, and home orientation separate the proposed improvements on the Property from the adjacent neighbors. 153 153 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 3 b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The location of the existing home, the orientation and location of the neighboring homes, and the character of the lake shoreline in question are conditions not created by the landowner; and c. The variance, if granted, will not alter the essential character of the locality.” It does not appear that the requested average lakeshore setback variance to permit an addition to the home will adversely impact views of the lake currently enjoyed by the adjacent property owners or alter the character of the locality. 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 residential home and additions to a home are allowed use in the LR-1A District. 7. “The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling.” This condition is not applicable. 8. “The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property.” The location of the existing home, the orientation and location of the neighboring homes, and the character of the neighborhood are unique conditions affecting the subject Property and the immediately adjoining properties. 9. “The conditions do not apply generally to other land or structures in the district in which the land is located.” The location of the existing home, the orientation and location of the neighboring home are unique conditions affecting the subject Property. 154 154 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 4 10. “The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.” The applicant states that the variance is necessary to preserve the Owners’ right to improve their home and Property. 11. “The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter.” Granting the requested variance will not adversely impact health, safety, comfort, or morals; nor will it be contrary to the intent of the Code. 12. “The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty.” The application of the average lakeshore setback severely limits the options for improving the Property and home; the granting of the requested variance is necessary to alleviate a practical difficulty resulting from the location of the existing home in relation to the neighboring home to the west, the orientation of the neighboring homes, and the character of the properties along this portion of Shoreline Drive with wetlands on the street side of the properties. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-1279 to allow construction of an upper level, roofed porch addition entirely lakeward of the average lakeshore setback line, subject to the following conditions: 1. Council approval is based on the entire record, above Findings. 2. The approved project shall conform to the survey (annotated by City staff) dated September 22, 2020; and building plans submitted by the Applicant, herein referred to as the Plans and attached to this Resolution as Exhibits A & 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. Authorities granted by this resolution run with the Property not with the Owners, 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 9, 2021). 5. Violation of or non-compliance with any of the terms and conditions of this resolution may result in the termination of any authority granted herein. 155 155 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 5 ADOPTED by the Orono City Council on this 9th day of November, 2020. ATTEST: CITY OF ORONO: _______________________________ ________________________________ Anna Carlson, City Clerk Dennis Walsh, Mayor 156 156 40.02 ft Average Lakeshore Setback Line 7 9 . 2 0 ft Exhibit B Plans 157 157 8' - 0 " 9 ' - 1 1 " 9 ' - 1 1 " 1' - 2 1 4" EX T E N D E X I S T . 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CEDAR ROOF 3' - 1 " SCALE: 1 A3.0 SOUTH ELEVATION 1/4"=1'-0" A3 . 0 EX T E R I O R EL E V A T I O N IS S U E D A T E : 09 . 2 2 . 2 0 RE V I S I O N D A T E S : A. S A D O W S K I D E S I G N S 17 8 0 0 H U T C H I N S D R I V E MI N N E T O N K A , M N 5 5 3 4 5 95 2 . 3 0 3 . 4 2 3 0 ww w . a s a d o w s k i d e s i g n s . c o m ALL DRAWINGS COPYRIGHT 2020 A.SADOWSKI DESIGNS, LLC DE S I G N DE V E L O P M E N T MC C A B E R E S I D E N C E 12 6 5 S H O R E L I N E D R OR O N O , M N 5 5 3 9 1 SCALE: 2 A3.0 WEST ELEVATION 1/4"=1'-0" 161 161 18 ' - 6 " 7'-8" 12 ' - 4 " 10 ' - 0 " 7'-8" OV E R H A N G O F BA L C O N Y A B O V E OV E R H A N G O F BA L C O N Y A B O V E EXIST. CONC. STOOP EXIST. GRILL SWIMMING POOL CONCRETE POOL PATIO LANDSCAPE BORDER IRON RAILING @ NEW BALCONY TO MATCH EXISTING IRON RAILING B 13 ' - 0 " 10'-0" B 9' - 4 " ±6'-1" 8'-0" AZEK (OR EQUAL) DECK BOARDS @ BALCONY EXIST. DOORS/ WINDOWS TO REMAIN SCALE: 1 A2.1 PATIO PLAN 3/8"=1'-0" A2 . 1 PL A N IS S U E D A T E : 09 . 2 2 . 2 0 RE V I S I O N D A T E S : DE S I G N DE V E L O P M E N T MC C A B E R E S I D E N C E 12 6 5 S H O R E L I N E D R OR O N O , M N 5 5 3 9 1 A. S A D O W S K I D E S I G N S 17 8 0 0 H U T C H I N S D R I V E MI N N E T O N K A , M N 5 5 3 4 5 95 2 . 3 0 3 . 4 2 3 0 ww w . a s a d o w s k i d e s i g n s . c o m ALL DRAWINGS COPYRIGHT 2020 A.SADOWSKI DESIGNS, LLC SCALE: 1 A2.1 2ND FLOOR DECK 1/4"=1'-0" 162 162 MINUTES OF THE ORONO PLANNING COMMISSION October 19, 2020 6:00 o’clock p.m. 6. LA20-000067 ALETHEA SADOWSKI, 1265 SHORELINE DRIVE, VARIANCE (Staff: Melanie Curtis) Alethea Sadowski, O/B/O Roger and Nancy McCabe, Applicant, was present. Staff presented a summary of packet information. The applicant is requesting a variance in order to construct an upper level porch addition on to the existing home encroaching entirely into the average lakeshore setback. Planning Department Staff recommends approval of the variance. Bollis asked if the proposed project will go completely over existing hardcover. Ms. Curtis replied yes but she believes there is a tiny piece of hardcover being added. She said they are conforming at 24.99% with the proposed addition. Chair Ressler asked if the proposed addition is encroaching upon the average lakeshore setback. Ms. Curtis answered yes, noting the red line on screen is the average lakeshore setback. Erickson asked if the neighboring house is a two-story. Ms. Curtis said 1305 Shoreline Drive is a two-story home. Erickson said the addition of the roof over the balcony could have some impact on the view. Ms. Curtis said she does not believe so as the way the home is oriented, 1305 Shoreline Drive is on a higher level of topography. She noted 1265 Shoreline Drive is much lower on the land and there is a mature oak tree and mature evergreen tree on the property line that almost block their view of the pool area on the subject lot. Alethea Sadowski, 1265 Shoreline Drive, noted she spoke to the neighbor directly to the East and he has offered to write a letter to give the home owner a favorable reply. She reported it is a bit of a struggle as half of the house is in a hardship. Chair Ressler opened the public hearing at 6:30 p.m. Chair Ressler closed the public hearing at 6:30 p.m. Chair Ressler asked Staff to help him understand the project as they always try to avoid adding additional structure inside of a lakeshore setback and would like to know how Staff’s recommendation differs from that regarding this Application. Ms. Curtis clarified they are not within the 75-foot setback; onscreen she noted the 75-foot setback comes just house-ward of the pool and they are not encroaching into that area. Staff is supportive of this as it does not appear that it will negatively impact views of the neighboring homes, which is the purpose for the code provision. Gettman asked if there is any history on the pool. 163 163 MINUTES OF THE ORONO PLANNING COMMISSION October 19, 2020 6:00 o’clock p.m. Ms. Curtis replied she does not know the history. Kirchner clarified there is an existing 14-foot encroachment and this project would be adding an additional 10 feet totaling 24 feet. Ms. Curtis responded that is true. She said the setback line angles and is about 14 feet and gets smaller as one moves to the East; she doesn’t know if it is exactly 24 feet but from the house as it sits now it is 10 feet further towards the lake than the house sits. Chair Ressler stated it is meaningful to know that the proposed plans are building beyond the lake lot setback of 75 feet. Bollis asked Staff to refresh the Commissioners’ memory on why the pools on this home and the neighboring home are not considered within the setback line. Ms. Curtis reported the average setback line is measured from the most lakeward part of the principal building. The pools are considered structure so are not part of that calculation. She noted upper level decks and the home itself would be part of the principal building and that is why the line is drawn from the location shown, rather than using the pools. Bollis asked about stairs. Ms. Curtis said a 6-foot-high portion of the principal building is what Staff uses; she clarified if it is 6 feet or above. She stated in the average lakeshore setback they allow encroachments that are 42 inches or less. Libby moved, Kirchner seconded, to approve LA20-000067, 1265 Shoreline Drive, Variance. VOTE: Ayes 6, Nays 0. 164 164 From:Alethea Sadowski To:Melanie Curtis Subject:Fwd: McCabe Residence Date:Friday, October 23, 2020 2:20:20 PM Here is the email from the McCabe's Neighbor - Favoring the Deck Addition. Please let me know if you need anything else. Thanks! Alethea Alethea Sadowski Principal A.Sadowski Designs 17800 Hutchins Drive Minnetonka, MN 55345 952.303.4230 P 952.261.9102 C ---------- Forwarded message --------- From: Mark Saliterman <mark@salitermanltd.com> Date: Fri, Oct 23, 2020 at 12:44 PM Subject: RE: McCabe Residence To: Alethea Sadowski <alethea@asadowskidesigns.com> Dear Mayor and Members of the City Council, We would appear in person but with the present situation, we think it would be best for us to stay at home. We own the property at 1225 Shoreline Drive and live next to the McCabe’s on the east side. We are in favor of their request to extend their existing deck. We have 165 165 looked at their plans and it makes perfect sense to grant their request which would be approved had the neighbor’s home to the west had been built closer to the setback line. At some point this house will be razed and a new home will probably be built closer to the lake. If you have any questions please feel free to e mail me at mark@scpateam.com or call my cell at 612-718-8282 Thank you for your consideration to allow us to respond by e mail. Mark and Beth Saliterman 166 166 Date Application Received: 09/23/2020 Date Application Considered as Complete: 09/24/2020 60-Day Review Period Expires: 11/23/2020 To: Chair Ressler and Planning Commission Members Dustin Rief, City Administrator From: Melanie Curtis, Planner mcc Date: 19 October 2020 Subject: #LA20-000067, Alethea Sadowski o/b/o Roger and Nancy McCabe, 1265 Shoreline Drive Variance Public Hearing Background The applicant represents the owners of the property. The owners would like to construct a roofed porch addition on the lakeside of the home, on the 2nd floor, which will extend into the average lakeshore setback. The current home is situated partially ahead of the average lakeshore setback. The addition would be entirely within the average lakeshore setback and is proposed to extend 10 feet further toward the lake than the home, expanding the encroachment. Survey Excerpt- annotated by staff Practical Difficulties Analysis Applicant Submittal Information: The applicant has identified the location of the existing home on the subject property, and the location of the neighboring homes, particularly the neighbor to the west as practical difficulties supporting the requested variance. Additionally, they have Application Summary: The applicant is requesting a variance in order to construct an upper level porch addition on to the existing home encroaching entirely into the average lakeshore setback. Staff Recommendation: Planning Department Staff recommends approval of the variance. 167 167 FILE #LA20-000067 19 Oct 2020 Page 2 of 5 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: In reference to the home on the west, the wetlands on the north side of the property, and the existing home setback staff finds there may be practical difficulties present to justify granting the requested variance. LOT ANALYSIS WORKSHEET Section 78-305 & 78-1279 - Setbacks: LR-1B Required Existing Proposed Lake 75’ 85’ ±79’ Rear / Street 50’ House ±250’ No change Southwest Side 14’* House ±14.8’ Porch ±35’ Northeast Side 14’* House 33.7’ Porch ±80’ Average Lakeshore The existing home encroaches approximately 14’ feet lakeward of the ALS; the porch addition will expand the encroachment toward the lake. * 78-305 (b)(1) Exceptions: Side yard setback. For lots that are non-conforming as to their width, the interior side yard setback for the principal building, and accessory buildings less than 1,000 square feet, shall be the lessor of ten feet or equal to ten percent of the lot width as defined. However, in no case shall the side yard setback be less than ten feet. Section 78- 305 - Lot Area/Width: LR-1B Lot Area Lot Width Required 87,120 (2.0 acres) 200’ Actual 53,344 s.f. (1.2 acre) 140’ @ 75’ / 145’ @ OHWL Section 78-1403- Structural Building Coverage: Total Lot Area Total Structural Coverage 53,344 s.f. (1.2 acre) Allowed: 10,668 s.f. (20%) Existing: 4,276 s.f. (8.2%) Proposed: 4,486 s.f. (8.4%) Section 78-1700 - Hardcover Calculations: Stormwater Overlay District Tier Total Area in Zone Allowed Hardcover Existing Hardcover Proposed Hardcover Tier 1 61,387 s.f. 15,346 s.f. (25 %) 13,312 s.f. * (24.96%) 13,333 s.f. * (24.99%) *Note: The hardcover within the 75-foot setback has not been calculated separately. The 75-foot hardcover is not proposed to be changed. 168 168 FILE #LA20-000067 19 Oct 2020 Page 3 of 5 Applicable Regulations: Average Lakeshore Setback Variance (Section 78-1279) The existing home encroaches into the average lakeshore setback by approximately 14 feet. The applicant is proposing to construct an upper porch addition to the home which will extend 10 feet further into the average lakeshore setback. It is not possible to construct improvements on the lake side of the home in a conforming location. Governing Regulation: Variance (Section 78-123) In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. According to MN §462.357 Subd. 6(2) variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance. The requested average lakeshore setback variance is in harmony with the Ordinance as the most adjacent neighbors’ views of the lake will not be impacted by the improvements. 2. The variance is consistent with the comprehensive plan. The variances resulting in a permit for construction of an addition to an existing single family residence in a residential zone are consistent with the Comprehensive Plan. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The request to permit construction of improvements lakeward of the average lakeshore setback appears to be reasonable; the mature vegetation, topography, and home orientation separate the Property from the adjacent neighbors. b. There are circumstances unique to the property not created by the landowner; The location of the existing home, the orientation and location of the neighboring homes, and the character of the lake shoreline in question are conditions not created by the landowner; and c. The variance will not alter the essential character of the locality. It does not appear that the requested average lakeshore setback variance to permit an addition to the home will adversely impact views of the lake currently enjoyed by the adjacent property owners or alter the character of the locality. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 169 169 FILE #LA20-000067 19 Oct 2020 Page 4 of 5 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination. 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 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 home and additions to a home are allowed use in the LR-1A District. 7. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. This condition is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The location of the existing home, the orientation and location of the neighboring homes, and the character of the neighborhood are unique conditions affecting the subject Property and the immediately adjoining properties. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The location of the existing home, the orientation and location of the neighboring home are unique conditions affecting the subject Property. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The applicant states that the variance is necessary to preserve their right to improve their home and property. 11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. Granting the requested variance will not adversely impact health, safety, comfort, or morals; nor will it be contrary to the intent of the Code. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The application of the average lakeshore setback severely limits the options for improving the property/home; the granting of the requested variance is necessary to alleviate a practical difficulty resulting from the location of the existing home in relation to the neighboring home to the west, the orientation of the neighboring homes, and the character of the properties along this portion of Shoreline Drive with wetlands on the street side of the properties. 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. 170 170 FILE #LA20-000067 19 Oct 2020 Page 5 of 5 Public Comments Comments from the neighbors have not 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, if granted, will not alter the essential character of the neighborhood? 3. Does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested variance? 4. Are there any other issues or concerns with this application? Planning Staff Recommendation Planning Staff recommends approval of the requested variance. List of Exhibits Exhibit A. Application & Narrative Exhibit B. Practical Difficulties Documentation Form Exhibit C. Proposed Survey w/ Staff Annotations Exhibit D. Proposed Plans and Elevations Exhibit E. Hardcover Calculations Exhibit F. Photo Exhibit G. Aerial Photos Exhibit H. Property Owners List Exhibit I. Plat Map 171 171 Prepared By: Reviewed By: Approved By: 1. Purpose. The purpose of this action item is for Council approve change orders related to the Big Island ADA Trail Project. 2. Background. In early 2017 the Big Island Committee was established to evaluate and develop plan to improve the Park and meet the goals of the 2011 Big Island Management Plan. The group worked with staff, consultants and coordinated with MCWD to develop a master plan to guide improvements at the park. The Council approved the Big Island Master Plan on April 23, 2018. In 2019 the City Applied for and received a MN DNR Outdoor Recreation Grant for Big Island. On October 28th, 2019 the Council approved the Big Island Grant Agreement with the DNR. The City Awarded the base bid and Alternate #1 (the vault toilet) in April of 2020. The project was then delayed for archeology and Federal Native American consultation requirements though the summer and early fall of 2020. All of the requirements were met at the end of October and the Project is currently under construction. Over this state legislative session, the Mayor successfully got an entry added to state bonding bill for the city. The State Bonding Bill which recently passed both houses of the legislature and was signed by the governor included $300,000 for Orono’s Big Island Park Project: For a grant to the city of Orono to predesign, design, construct, furnish, and equip improvements at Big Island ark, including a picnic area, trails and trail gates, restrooms, permanent seating, and interpretive panels. The grant funds will be administered by the Minnesota State Department of Employment and Economic Development (DEED). Staff has been in contact with DEED and expects to get guidance on the process and limits associated with the funds soon. The funding should be available in time to complete the original Big Island Project as designed including the items that were previously differed due to lack of funding. This includes the picnic shelter and tables. Staff will also be recommending that some of the funding be used to pay for the additional archeology and design work required this past summer to get the final state and federal approvals for the project. 3. Project Scope. The original project scope consist of ADA accessible pathway, picnic shelter, interpretive signage and an ADA compliant restroom facility. 4. Change Order Scope. Inclusion of the Picnic shelter and tables (Alternates 2-5), delay and additional mobilization fees. Additional Archeology and associates construction mgmt. for change. 5. Cost. Item Cost Comments Construction Base Bid: Trails $ 212,460 Awarded in April 2020 Construction Alternate 1: Vault Toilet $ 93,000 Construction Alternate 5: ADA Picnic Tables $ 10,000 Previously approved/ match donated 3 Sitting stones for northern overlook $ 3,975 Previously approved/ match donated Design and Archeology Costs $ 51,457 Previously approved Construction Management $ 20,000 Previously Approved City procured Items: Signage and painting $ 4,817 Does not include labor or admin costs Construction Alternates 2-3: Picnic shelter $ 73,030 Change order Construction Alternate 4: Picnic Tables $ 10,000 Mobilization for Change order and delay costs $ 16,160 Additional Archeology & Construction Mgmt $ 19,040 Not to exceed PROJECT TOTAL $ 513,939 To date Item No.: 18 Date: November 9 , 2020 Item Description: Big Island Park ADA Trail Project (19-033) – Change Order Presenter: Adam T. Edwards Public Works Director/City Engineer Agenda Section: Public Works and Engineering 172 172 AGENDA ITEM 6. Funding. With the addition Bonding Bill Funding all elements of the originally proposed project are funded with funds left over for some follow on work. The extend of the follow on funding will be subject to any restriction that come with the Bonding Bill and a determination by the council of how much of the bonding bill funds should be used to cover the city’s portion of the project funding. Once detail of the bonding funding restrictions are known, staff will come back to Council for direction on Bonding Fund use. Funding Source Amount Projected Comments City- Construction-Park Fund $ 131,530 Approved at Award Donations- Big Island Legacy Fund $ 68,000 Approved at Award Individual Donations $ 7,302 Accepted DNR Grant $ 200,000 The DNR Grant requires a match Donation in kind-Bolton and Menk $ 10,000 State Bond Funding $ 300,000 Some could be used to cover city funding TOTAL $ 717,685 7. Project Timeline. When What April 13th, 2020 Award November 2020 Trail Construction Summer 2021 Toilet and shelter construction 8. Staff Recommendation. I recommend approval of the change order to the Project. COUNCIL ACTION REQUESTED Motion to: Accept the change order proposal from Blackwell Construction. Accept Proposal from BMI for archeology, construction management and donated services. Exhibits A. Blackwell Change Order. B. BMI Proposal References A. Big Island Management Plan, 2011 (Available on Big Island Website) B. Big island Master Plan, 2018. (Available on Big Island Website) C. Grant Agreement (Available at October 28th,2019 City Council Agenda) 173 173 2 Blackstone Contractors, LLC Project 9520 County Road 19, Suite D Owner Loretto, MN 55357 Address Phone: 763-291-7728 City Orono, MN 55323 Fax: 763-445-2107 Phone Item Unit 1 LS 2 SF 3 EA 4 EA 5 LS 6 7 8 9 10 11 12 13 14 Special Notes or Arrangements: Accepted:Date: Big Island Nature Park Improvements 2750 Kelley Parkway ADDITIONAL MOBILIZATIONS. 99,190.00$ 952-249-4616 1 Total -$ -$ -$ -$ EXTRA COSTS INCLUDE EXTRA BARGE TRIPS, BARGE UNLOADING RAMP DUE TO LOW WATER, -$ 890 49,000.00$ 24,030.00$ -$ 1 The original Contract Sum was……………………………………………………………………………………………….. The net change by previously authorized Change Orders was……………………………………………………………………. The Contract Sum prior to this Change Order was……………………………………………………………………….. The Contract Sum will be increased by this Change Order…………………………………………………………….. The new Contract Sum will be………………………………………………………………………………………………… $305,460.00 $13,975.00 $319,435.00 $99,190.00 $418,625.00 Total Change Order Change Order # Date: 10,000.00$ 14,500.00$ -$ -$ -$ -$ -$ 11/3/2020CHANGE ORDER REQUEST City of Orono $49,000.00 $5,000.00 $14,500.00 Price/Unit 1,660.00$ 2 1 $1,660.00 $27.00 QuantityDescription MOBILIZATION - EXTRA COSTS FOR CHANGE ORDER ITEMS IN 2021 (2% ADD) 4" CONCRETE PAVEMENT w/4" AGG BASE SHELTER STRUCTURE PICNIC TABLE - STANDARD EXTRA COSTS FOR WORK NOT STARTING IN JULY & OCTOBER 2020 Phone: 763-291-7728 Fax: 763-445-2107 9520 Cty Rd 19, Ste D Loretto, MN 55357 SPECIALTY CONTRACTING 174 174 H:\ORNO\2020 New Projects\Big Island Fee Amendment.docx November 3, 2020 City of Orono Attn: Adam Edwards PO Box 66 Orono, MN 55323 RE: Big Island Project Additions Dear Adam: As we have discussed, there have been some changes to the Big Island Project that we believe, justify the approval of additional engineering fees. It is our understanding that the scope of the Big Island Project has been expanded to include the previously unbudgeted portions of the project. Also, we have spent time on this project beyond our approved budget due primarily to the archology requirements that have been dictated by state agencies. To date, we have not billed the City for any of the additional time. However, given the changed scope of the project and the additional staff time that has been required, we propose the follow fee additions for the project: • Previously completed archaeological work associated with identification and processing of archaeological materials that were gathered during the Phase 1 Survey - $7,480. • Continued construction administration, observation, and archaeological review during construction to gain agency approval for the project - $11,560. Understanding the importance of this project to the City of Orono, Bolton & Menk has been happy to donated approximately 19,000 in engineering services to support this project so far and we anticipate that by the time the project is completed, we will have donated over $40,000. With that said, we respectfully request an additional not-to-exceed fee of $19,040 for continued engineering services related to this on-going project. Sincerely, Bolton & Menk, Inc. David P. Martini, P.E. Principal Engineer 175 175 AGENDA ITEM Prepared By: Reviewed By: DJR Approved By: DJR 1. Purpose. The purpose of this action item is to confirm/clarify Council direction on the marking of the public access in the Smith Avenue ROW to the Luce Line Trail. 2. Background. The 2020 streets projects are complete less a few punch list items and any necessary spring restoration items. One of the items included in the project was the provision of a gravel trail in Smith Avenue Right of Way connection the neighborhood to the Luce Line Trail. One remaining item with respect to the trail is to place the trail head markers. Trail head marks consist of upright 4x4 posts, one on each side the trail with an embedded plates to indicate the space between the posts if public and an of the prohibitions, in this case motorized vehicles. This is the same method the city uses to mark Lake Accesses. The abutting property owner requested the posts not be installed and has asserted this was agreed to by the city. Staff has not found a written record of such an agreement. At the December 9th, 2019 the Council did direct that the public right of way be marked. 3. Staff Recommendation. I recommend that the public access trail be marked consistent with other public access sites. The marking is simple, does not draw undue attention to the site but does provide clear direction that the access is public and not private. COUNCIL ACTION REQUESTED: Motion to direct staff to mark trail as planned. Inset plates for 4x4 markers Location of 4x4 trail markers Item No.: 19 Date: November 9, 2020 Item Description: Smith Avenue Cul-De-Sac Easement Presenter: Adam T. Edwards Public Works Director/City Engineer Agenda Section: Public Works / City Engineer 176 176 AGENDA ITEM Prepared By: mcc Reviewed By: J. Barnhart Approved By: 1. Purpose. This application is regarding variances (for lot area and lot width; hardcover and building within the 75-foot setback); and conditional use permits (for grading in the floodplain and plumbing within an accessory building) in order to develop the vacant property. 2. MN§15.99 Application Deadline. The application was received on March 13, 2020 and considered to be complete on October 26th. Therefore the 60-Day review period expires on December 25, 2020. 3. Background/ Summary. This property has a history of variances to redevelop beginning in 2009 when the home was demolished. Variances were granted, renewed, and eventually expired due to inactivity. In 2017, new owners, Bill and Kathleen Wanner, requested approvals to develop the property. Those plans were delayed and the approvals expired. The Wanners wish to proceed with construction of their home and are currently requesting similar approvals to do so. Additionally included is a conditional use permit to allow plumbing within the proposed accessory building. The current plans reflect less hardcover in the 75-foot setback and the average lakeshore setback encroachments have been reduced from the previously approved plans. Still required are approvals to permit the modifications to the floodplain to facilitate elevation of the home out of the floodplain. The applicant is working with the MCWD to assure proper permitting and appropriate floodplain mitigation. There will be import and export of materials throughout the project. The City’s Engineer has reviewed and approved the grading plan. Currently Proposed Plan 2019 Approved Plan There were a number of open issues at the public hearing which the applicant addressed with the revised plan submitted on October 26th with the exception of the requirement for a 15-foot elevation bench of 931.5’ around the home due to the building being elevated out of the floodplain on fill. The applicant is providing a minimum bench of ±12 feet in some places; a Item No.: 20 Date: November 9, 2020 Item Description: LA20-000022 – Randy Haapala, HNH Homes o/b/o William & Kathleen Wanner, 1095 Ferndale Rd West, Variances + CUPs Presenter: Melanie Curtis Planner Agenda Section: Consent Agenda 177 177 AGENDA ITEM Prepared By: mcc Reviewed By: J. Barnhart Approved By: variance is still necessary. Variances from the floodplain management ordinance may result in increased flood insurance premiums. 4. Planning Commission Vote and Comment. On October 19th, the Planning Commission held a public hearing. Following the public hearing the Planning Commission voted 5 to 1 on a motion to approve the variances and CUPs for the proposed plan with the stipulation that required 15- foot elevation bench required for floodplain protection be met. The Planning Commission did not support the 15’ bench variance. 5. Public Comment. Comments from the neighbors have not been received. 6. Staff Recommendation. Staff recommends approval of the plan with the exception of the variance to permit a lessened elevation bench around the home. Staff recommends denial of this variance. COUNCIL ACTION REQUESTED Council should review the application and direct staff to draft a resolution reflecting your decision. Exhibits A. Proposed Plans B. PC Minutes C. PC Staff Report D. Applicant Narrative – 15’ Bench References PC Exhibits 09/21/2020 A. Application 178 178 AGENDA ITEM Prepared By: mcc Reviewed By: J. Barnhart Approved By: B. Practical Difficulties Documentation C. Existing Survey D. Site Plan – Annotated by Staff E. Civil Plans F. Architectural Plans and Elevations G. Submitted Hardcover Calculations H. City Engineer Comments I. MCWD Email J. Property Owners List K. Plat Map 179 179 FE R N D A L E EA S T R O A D LAKE MI N N E T O N K A REMOVE WALLS 3.00 30. 1 9 12. 8 4 15. 7 0 39.0 0 6.0 0 22.2 3 6.0 0 32.0 0 4.0 0 6.00 12. 2 3 6.00 8.5 0 8.00 4.5 0 56.0 0 13. 5 0 36. 0 0 4.00 24.2 3 20. 0 0 4.00 75. 9 TO O H W 70 . 4 TO O H W 104.3 TO OHW CB RIM 929.6 INV 927.6 (SEE CIVIL ENG. PLANS) AC AC PRO P O S E D N E W H O U S E MAI N F F E : 9 3 6 . 0 0 CRA W L S P A C E : 9 3 2 . 5 TOP F O U N D A T I O N C U R B : 9 3 5 . 6 GAS / ELE C WE L L 2. 5 % DRIVEWA Y DRI V E W A Y DRIV E W A Y DRI V E W A Y (SE E C I V I L 18" R C P 936. 0 935. 9 935. 6 935. 6935 . 8 935. 5 M.E 93 3 . 0 0 935. 8 932. 7 5 BOD 933.0 8 L.P. 933. 0 0 BOD M.E 933.3 3 930. 0 0 GAT E 930. 0 0 930. 0 0 (SEE CIVIL 4" SANITARY ENG. PLANS) & CLEANOUT EN G . P L A N S ) 30 . 7 X XX X X X X X XXXX X XX X X XX X X X X SILT F E N C E SILT FENCE SILT F E N C E SILT F E N C E SI L T F E N C E 153 . 3 X GA R A G E GFE : 9 3 5 . 5 56.0 0 ROO F L I N E ROO F L I N E RO O F L I N E RO O F L I N E PO R C H FES AND RIPRAP(TYP. SEE CIVIL PLANS) 935.5 933. 8 9 3 3 . 8 93 6 . 0 1 5 . 0 30.2 9 AC G A S / EL E C 93 2 . 0 0 93 3 . 7 5 93 3 . 7 5 P R O P O S E D N E W A C C E S S O R Y B U I L D I N G FF E : 9 3 3 . 7 5 936. 0 75' O H W S E T B A C K 30' S I D E S E T B A C K 50 ' F R O N T S E T B A C K AVE R A G E L A K E S E T B A C K 30' S I D E S E T B A C K (SEE C I V I L P L A N S F O R PRI V A T E S T O R M W A T E R M G M T ARO U N D T H E H O U S E ) 935.5 15.0 30 . 0 46 . 1 33 . 2 9 3 3 . 2 9 30.2 9 PID#0211723430023 BENCHMARKS ELEVATIONS BASED ON INFORMATION AS SHOWN ON THE MNDOT GEODETIC WEBSITE. SURVEY DISK DARUS MN053 WITH AN ELEVATION OF 941.44 WAS USED TO ESTABLISH VERTICAL CONTROL FOR THIS SURVEY (NAVD 88) CONTACT: RDS ARCHITECTS Attn: Rick Storlien 4900 State Highway 169 Serv. Dr. New Hope, MN 55428 Phone: 612.810.9628 EMAIL: rick@rdsarc.com LEGEND: UNDERGROUND UTILITIES NOTES: THE UNDERGROUND UTILITIES SHOWN HAVE BEEN LOCATED FROM FIELD SURVEY INFORMATION AND EXISTING DRAWINGS. THE SURVEYOR MAKES NO GUARANTEE THAT THE UNDERGROUND UTILITIES SHOWN COMPROMISE ALL SUCH UTILITIES IN THE AREA, EITHER IN SERVICE OR ABANDONED. THE SURVEYOR FURTHER DOES NOT WARRANT THAT THE UNDERGROUND UTILITIES SHOWN ARE IN THE EXACT LOCATION INDICATED ALTHOUGH HE DOES CERTIFY THAT THEY ARE LOCATED AS ACCURATELY AS POSSIBLE FROM THE INFORMATION AVAILABLE. THIS SURVEY HAS NOT PHYSICALLY LOCATED THE UNDERGROUND UTILITIES. GOPHER STATE ONE CALL LOCATE TICKET NUMBER(S) 152741934 SOME MAPS WERE RECEIVED, WHILE OTHER UTILITIES DID NOT RESPOND TO THE LOCATE REQUEST. ADDITIONAL UTILITIES OF WHICH WE ARE UNAWARE MAY EXIST. STR15036D 7PROPCERT-STR36-D-2020 VARIANCE SKETCHSURVEY COUNTY/CITY: REVISIONS: PROJECT LOCATION: LAND SURVEYING, INC.CORNERSTONE Suite #200 1970 Northwestern Ave. Stillwater, MN 55082 Phone 651.275.8969 dan@ cssurvey .net DATE REVISION PROJECT NO. FILE NAME 1095 CALL BEFORE YOU DIG! TWIN CITY AREA:TOLL FREE:1-800-252-1166651-454-0002Gopher State One Call LEGAL DESCRIPTION: FERNDALE ROAD W. 1. BEARINGS ARE BASED ON COORDINATES SUPPLIED BY THE HENNEPIN COUNTY SURVEYORS OFFICE. 2. UNDERGROUND UTILITIES SHOWN PER GOPHER ONE LOCATES AND PREVIOUS SURVEY PROVIDED BY THE OWNER. THERE MAY SOME UNDERGROUND UTILITIES, GAS, ELECTRIC, ETC. NOT SHOWN OR LOCATED. 3. THIS SURVEY IS HAS RELIED UPON A SURVEY BY GRONBERG & ASSOCIATES, INC DATED 10/31/12 FOR PRE-DEMOLISION INFORMATION AND PREVIOUS INTERPRETATION OF PROPERTY BOUNDARIES. SURVEY NOTES: CITY OF ORONO HENNEPINCOUNTY All that part of Lot 9, North Shore Cottage Acres Lake Minnetonka, lying Southeasterly of the Southeasterly lines of Registered Land Survey No. 441 and Registered Land Survey No. 902, and lying Northwesterly of the Northwesterly line of Registered Land Survey No. 1372. Subject to perpetual easements for sanitary sewer purposes in favor of the City of Orono over that part of the above land as specifically described in Hennepin County Recorder Document No. 4608875 and in Hennepin County Recorder Document No. 4608876. Per Certificate of Title Number 1120830 10-19-15 INITIAL ISSUE CERTIFICATION: I hereby certify that this plan was prepared by me, or under my direct supervision, and that I am a duly Licensed Land Surveyor under the laws of the state of Minnesota. Daniel L. Thurmes Registration Number: 25718 Date:__________________ PARCEL AREA (TO OHW) 55,423 SQ. FT. = 1.27 ACRES AREA: FERNDALE ROAD RESIDENCE ORONO, MINNESOTA 0 NORTH 20 40 10-19-15 UNDERGROUND ELECTRIC UNDERGROUND CABLE TV UNDERGROUND FIBER OPTIC UNDERGROUND TELEPHONE OVERHEAD UTILITY UNDERGROUND GAS SANITARY SEWER STORM SEWER WATERMAIN FENCE CURB [TYPICAL] CONTOURS PROPOSED CONTOUR PROPOSED SPOT ELEVATION TOP/BOTTOM OF WALL TOP/BOTTOM OF STEP DIRECTION OF DRAINAGE PROPOSED SILT FENCE FOUND MONUMENT SET 1/2" IRON PIPE MARKED RLS NO. 25718 CABLE TV PEDESTAL AIR CONDITIONER ELECTRIC MANHOLE ELECTRIC METER ELECTRIC PEDESTAL ELECTRIC TRANSFORMER LIGHT POLE GUY WIRE POWER POLE GAS MANHOLE GAS METER TELEPHONE MANHOLE TELEPHONE PEDESTAL SANITARY CLEANOUT SANITARY MANHOLE CATCH BASIN STORM DRAIN FLARED END SECTION STORM MANHOLE FIRE DEPT. CONNECTION HYDRANT CURB STOP WATER WELL WATER MANHOLE WATER METER POST INDICATOR VALVE WATER VALVE BOLLARD FLAG POLE MAIL BOX TRAFFIC SIGN UNKNOWN MANHOLE SOIL BORING SPOT ELEVATION TRAFFIC SIGNAL CONIFEROUS TREE DECIDUOUS TREE TREE TO BE REMOVED 1. Variances per conditional use permit per Doc. No. T4992780. TITLE NOTES: ZONING=LR-1A LAKESHORE RESIDENTIAL ZONING DISTRICT ZONING: 10-27-15 AREA/SETBACKS X GARAGE FLOOR = 935.5 MAIN FLOOR ELEVATION = 936.0 TOP FOUND. STEM WALL = 935.6 CRAWL SPACE FLOOR = 932.5 ACCESS. BUILDING FLOOR = 933.75 ELEVATIONS AND CONTOURS BY OTHERS (SEE ARCHITECTURE, ENGINEERING AND LANDSCAPE ARCHITECTURE PLANS FOR DETAILS. PROPOSED IMPROVEMENTS AND BUILDING PLANS PER PLANS BY RDS ARCHITECTS PROVIDED SEPTEMBER 2020. PROPOSED GRADES, CONTOURS, UTILITIES AND SILT FENCE PER PIERCE PINI & ASSOCIATES PROVIDED 10/05/2020. *CONTRACTOR TO VERIFY ALL DIMENSIONS ELEVATIONS WITH FINAL CONSTRUCTION DOCUMENTS BEFORE CONSTRUCTION. **AREA CALCULATIONS PROVIDED BY ARCHITECT. PROPOSED ELEVATIONS: 02-22-17 PROPOSED FOR VAR. 04-06-17 REV. HOUSE/LA 934.83 BOW 05-18-17 REV 11-08-18 PLAN REVISIONS 10-05-20 PLAN REVISIONS 10-20-20 REVISE ACCESSORY TOW BOSTOS 180 180 181 1 8 1 182 182 183 183 184 184 185 185 186 186 187 187 188 188 MINUTES OF THE ORONO PLANNING COMMISSION Monday, September 21, 2020 6:00 o’clock p.m. _____________________________________________________________________________________ 1. LA20-000022, RANDY HAAPALA, HNH HOMES O/B/O WILLIAM & KATHLEEN WANNER 1095 FERNDALE RD WEST, VARIANCES AND CONDITIONAL USE PERMITS. STAFF: MELANIE CURTIS. Rick Storlien, RDS Architects, OBO William & Kathleen Wanner, Applicants, were present. Staff presented a summary of packet information. Curtis noted this property has a history of variances to redevelopment beginning in 2009, variances were granted, renewed and eventually expired due to inactivity. The applicant has demonstrated practical difficulties to support the requested lot area, lot width, setback and hardcover variances without generating neighborhood opposition. Staff recommends approval of the recommendation, however the flood plain requirement for a 15-foot elevation bench around the home should be met if there is adequate space on the property and the grading plan can be modified to conform. Chair Ressler asked if the blue line she mentioned onscreen is in compliance and not encroaching on the setback. Curtis pointed out one area of the home and patio that encroach on the setback, noting it is 530 square feet. Rick Storlien, RDS Architects, 10135 47th Avenue North, Plymouth said Ms. Curtis presented things well and he welcomes any questions. Gettman asked, when considering the actual layout, were there any possible plans that allowed for no encroachment of the 75 foot setback. Mr. Storlien replied it’s a bit like the chicken and the egg, the issue is that they’re trying to maximize the flood plain holding pond area and the closer the house gets to the street, that pond gets smaller and smaller and reduces the capacity. Chair Ressler opened the public hearing at 6:08 p.m. Chair Ressler closed the public hearing at 6:08 p.m. Kirchner said he understands the detached garage will be revised and conform to the 15 foot setback, if this is something they vote to approve he thinks it’s prudent to recommend to City Council that it be approved assuming these updated certificates of survey and such are in fact complete and finalized with that final application at the Council level. Erickson thinks the Staff report is well done and understands that there are some revisions coming, he is happy to hear that and is willing to support the approval. Libby concurs with the Staff report and supports it. Chair Ressler noted he, too, generally likes to follow the Staff’s recommendation. Whenever possible, he likes to see homes not encroaching upon the setback, however, it appears that the Staff is pleased with what has been proposed and he doesn’t see anything out of place. 189 189 MINUTES OF THE ORONO PLANNING COMMISSION Monday, September 21, 2020 6:00 o’clock p.m. _____________________________________________________________________________________ Kirchner moved, Libby seconded, to approve LA20-000022, 1095 FERNDALE RD WEST, for all of the Variances requested as well as the Conditional Use Permits, along with a recommendation to City Council that the updated plans reflect the detached garage being in compliance. Ms. Curtis asked for clarification on the motion, that they are recommending approval of all of the variances requested, so they are not recommending the Staff recommendation regarding the 15 foot flood plain elevation bench around the home. Kirchner said the recommendation was that would be met, and asked if that is correct. Ms. Curtis answered that is true. Kirchner said Staff’s recommendation is for approval of some but not all. Ms. Curtis replied that is the only exception, approval of all with the exception that the 15 foot bench should be met in Staff’s opinion. Kirchner said would like to amend the motion to be in line with Staff’s recommendation. Kirchner moved, Libby seconded, to approve LA20-000022, 1095 Ferndale Road West, for all of the Variances and Conditional Use Permits requested, with the exception that the flood plain requirement for a 15-foot elevation bench around the home should be met. VOTE: Ayes 4, Nays 1 (Gettman). 190 190 Date Application Received: 03/13/2020 Date Application Considered as Complete: The application is currently incomplete. 60-Day Review Period Expires: To: Chair Ressler and Planning Commission Members Dustin Rief, City Administrator From: Melanie Curtis, Planner mcc Date: 21 September 2010 Subject: #LA20-000022, Randy Haapala, HNH Homes o/b/o William & Kathleen Wanner 1095 Ferndale Rd West Variances + CUPs Public Hearing History The subject property has a history of variances to facilitate redevelopment beginning in 2009. Variances were granted, renewed, and eventually expired due to inactivity. In 2017, new owners, Bill and Kathleen Wanner, requested approvals to develop the property. Those plans were delayed and the approvals expired. The Wanners wish to proceed with construction of their home and are currently requesting similar approvals to do so. Summary Owners are requesting the following land use approvals in order to construct a new residence on the vacant property: • Lot area and lot width variances (Section 78-305); • Hardcover and building within the 75-foot setback from the ordinary high water level (OHWL); • Floodplain 15’ elevation bench requirement (Section 78-1125 (a)); and • Conditional use permits: o Placement of fill within the floodplain (Section 78-1118; 78-1126(3)) o To allow installation of a full bathroom within the proposed detached garage. The applicant is still working on the revised certificate of survey to address all of staff’s comments; engineering comments are attached as Exhibit G. A set of civil plans and an architectural site plan have been submitted, changes have been requested by City staff. Additionally, at this time the applicant has not submitted an updated certificate of survey Application Summary: The applicant is requesting approvals to develop the property with a new home similar to past approvals. Included are variances for lot area and lot width; hardcover and building within the 75-foot setback, grading in the floodplain. Conditional use permits for filling with the floodplain; and for plumbing within an accessory building are also requested. Staff Recommendation: Planning Department Staff recommends approval. 191 191 FILE #LA20-000022 21 September 2020 Page 2 of 10 showing the proposed improvements. Staff’s review is based on the original civil plans dated August 26, 2020. An updated certificate of survey is required. The application is considered to be incomplete and the survey must be submitted in order to proceed to City Council. As drawn, the detached garage is shown where it was proposed in a previous plan and does not meet the current required 15-foot setbacks from the property lines. Upon revision, Staff anticipates the site plan to reflect a conforming detached garage. Practical Difficulties Analysis Applicant Submittal Information: The applicant has identified the lot’s size and the floodplain as practical difficulties supporting the requested variances. Additionally, they have provided supporting documentation regarding Practical Difficulties attached as Exhibit B, and should be asked for additional testimony regarding the application. Planning Staff Practical Difficulty Analysis: Staff finds practical difficulties based on the size of the property, the areas impacted by the 1% chance of annual flood elevation of the property to support the variances for lot area and width, as well as the requested 75-foot hardcover variance, and lake setback variance for the new home. The applicant has provided grading improvements which appear to offer relief to the neighbors regarding the floodplain as well as created areas of infiltration to mitigate the impacts of the home on the property. LOT ANALYSIS WORKSHEET Section 78-305; 78-1279 - Setbacks: LR-1A Required Proposed Rear/Street 50’ house 15’ detached garage <1000 sf 154’ house **10’ detached garage ( East Side 17’ house* 15’ detached garage <1000 sf 30’ house **±14’ detached garage West Side 17’ house* 30.5’ Lakeshore 75’ ±70’ house ±50’ patio/deck Average Lakeshore The proposed home will meet the average lakeshore setback. *78-305(b)(1) Exceptions: Side yard setback. For lots that are non-conforming as to their width, the interior side yard setback for the principal building, and accessory buildings less than 1,000 square feet, shall be the lessor of ten feet or equal to ten percent of the lot width as defined. However, in no case shall the side yard setback be less than ten feet. **Detached garage will be revised to conform to the required 15-foot setback. No variance requested. Section 78-305 - Lot Area/Width: LR-1A Lot Area Lot Width Required 87,120 s.f. (2.0 acre) 200’ Actual 55,423 s.f. (1.27 acres) 176’ @ OHWL / 180’ @ 75’ 192 192 FILE #LA20-000022 21 September 2020 Page 3 of 10 Section 78-1403- Structural Coverage: Total Lot Area Total Structural Coverage 55,757 s.f. (1.27 acre) Allowed: 11,084 s.f. (20%) Proposed: 5,416 s.f. (9.7%) Section 78-1680 and 78-1700 -Hardcover Calculations: Stormwater Overlay District Tier Total Area in Zone Allowed Hardcover Proposed Hardcover Tier 1 55,757 s.f. 13,939 s.f. (25 %) 13,504 s.f. (24.2%) 530 s.f. w/in 75’ Applicable Regulations: Lot Area & Lot Width Variances (Section 78-305) The property does not conform to the area and width standards for the LR-1A district where it is located. Zoning Code Section 78-72 provides options for the redevelopment of lots which do not meet the minimum area or width requirements for the respective zoning district. Substandard properties within the Shoreland Overlay District, like the subject lot, are able to be redeveloped without variances if specific standards are met; such as: 1. All setback requirements can be met. 2. A Type 1 sewage treatment system consistent with Minnesota Rules, chapter 7080, can be installed or the lot is connected to a public sewer; and 3. The impervious surface coverage meets all hardcover location and square footage restrictions of this chapter and the total square footage of hardcover does not exceed 25 percent of the entire lot area. 4. All other zoning district standards can be met. The request for hardcover and building in the 75-foot lake setback results in the property’s inability to conform to #1 and #4 above. Therefore, area and width variances are also required in order to redevelop the property. Lake Setback Variance (Section 78-1279) and 75-foot Hardcover Variance (Section 78-1680) The applicant is proposing to construct a new home with lakeside patio on the property. A detached garage is also proposed. Previous variance requests have been granted for similar encroachments due to the difficulties of the property including floodplain, lot size, topography, drainage, etc. The applicant is proposing to encroach as close as ±70 feet to the lake with the home where a 75-foot setback is required. This encroachment is consistent with previous approvals on this property. The overall site hardcover level is conforming at 24.2%. The proposed patio and deck are partially within the 75-foot setback. Of the 13,504 square feet of hardcover proposed for the site, 530 square feet is proposed within the 75 lake yard. Conditional Use Permit for Plumbing (Section 78-1437) The Code provides for installation of plumbing, including a bathtub/shower, within an accessory building provided the building is conforming and a conditional use permit is granted. A restrictive covenant is also required which restricts the use of the accessory building. The 193 193 FILE #LA20-000022 21 September 2020 Page 4 of 10 applicant is proposing a full bathroom in the upper floor of the proposed detached garage. This building will be used primarily for storage with the upper floor to be utilized as a flex space for the homeowners. Conditional Use Permit for Floodplain Mitigation Grading and Elevation on Fill (Sections 78- 1118; 78-1125; 78-1126) The regulatory flood protection elevation (RFPE) for Lake Minnetonka is 932.5 feet (or one foot above the 1% annual chance flood elevation; 931.5’ + 1’ = 932.5’). All structures must be elevated on fill so the lowest floor (including crawl spaces) is elevated at or above the RFPE. The home is proposed with a crawl space at 932.5 feet. There is a typo on the civil plans incorrectly noting the crawl space elevation at 832.5 feet, this will be shown correctly on the certificate of survey and revised civil plans. FEMA regulations and the City Code require that the grade around any building elevated on fill to have an elevation of no lower than one foot below the RFPE or in this case 931.5 feet for at least 15 feet around all buildings elevated on fill. This project does not provide that grade spacing, rather is reduced to approximately 9 feet in some places. This is not uncommon on the smaller lots within the City; a variance to 78-1125(a) is required. The low floor elevation and further details for the detached garage should be provided on the revised civil plans and certificate of survey. It appears a minimal amount of fill material will be brought in to the property to accommodate the proposed grading plan. Most of the material is planned to be reused on site. The Minnehaha Creek Watershed District (MCWD) will also be reviewing the proposed grading and mitigation plan to assure the overall volume of flood storage has not been diminished. The MCWD’s regulations require all low openings on buildings to be one foot higher than the RFPE or 933.5 feet. The proposed plan appears to accomplish both goals with a proposed first floor elevation of 936 feet. The architectural plans must be updated in order to reflect the crawl space and for verification of the MCWD’s low opening regulation. Governing Regulation: Variance (Section 78-123) In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. 194 194 FILE #LA20-000022 21 September 2020 Page 5 of 10 According to MN §462.357 Subd. 6(2) variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance. The lot width and area variances requested are consistent with the general intent of the Ordinance. The lake setback and hardcover variances are reasonable and necessary as the highest points of the property for construction of the home above the 1% annual chance floodplain are located toward the lake. 2. The variance is consistent with the comprehensive plan. The variances resulting in a permit for construction of a single family residence in a residential zone are consistent with the Comprehensive Plan. 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 portions of the proposed home on a substandard lot within the 75-foot setback appears to be reasonable; the floodplain grading appropriately elevates the home and the required 15-foot grade elevation is met on areas of the plan, in order to provide the full protection intended by the Code, the entire building should meet the standard, providing flood protection as intended. b. There are circumstances unique to the property not created by the landowner; The major presence of the 1% annual chance floodplain on the property creates increased difficulties in locating a conforming building elevation and location. The new house will be properly elevated out of the floodplain based on the required RFPE. However the necessary 15-foot bench around the home is not met in all areas. The sub-standard size of the Property was not the result of actions by the landowner. The natural high area on the property is more toward the lake necessitating home and patio placement partially within the 75-foot setback; and c. The variance will not alter the essential character of the locality. The lot area and width variances will not alter the character of the neighborhood; the lake setback and hardcover variances are reasonable and necessary as the highest points of the property for construction of the home above the 1% annual chance floodplain are located toward the lake. The hardcover is mitigated by the proposed landscape plan for the property. 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 alone not been a factor in the variance approval determination. 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter 78. This condition is not applicable. 6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located. This condition is not applicable, as residential home is an allowed use in the LR-1A District. 7. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. This condition is not applicable. 195 195 FILE #LA20-000022 21 September 2020 Page 6 of 10 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The substandard lot area and width of the Property is not uncommon in the surrounding neighborhood. The presence of the 1% annual chance floodplain on the property creates increased difficulties however, if the building pad is reduced it is possible the building can conform to the 75-foot setback limiting improvements toward the lake. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The property to the east has a higher grade than the subject property. The two properties to the west have similar floodplain challenges. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Granting the requested variances will provide relief to the Owners regarding the lot size and floodplain 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 the requested variances will not adversely impact health, safety, comfort, or morals; nor will it be contrary to the intent of the Code. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The size of the Property; the floodplain/topography create practical difficulties affecting the Property; the variances are necessary and not merely serve as a convenience to the owners. 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. Applicable Regulation: Conditional Use Permit (Section 78-916) The Planning Commission may recommend and the Council may grant a Conditional Use Permit (CUP) as the use permit was applied for or in modified form. On the basis of the application and the evidence submitted, the city must find that the proposed use at the proposed location is or will be: 1) Consistent with the community management plan; The proposed uses are consistent with the permitted uses for the Property, and are compliant with the zoning code and comprehensive plan. a. Plumbing within the accessory building: The bathroom within an accessory building is contemplated and permitted in the zoning code with the required protective covenants; and b. The proposed grading: The grading shown in order to elevate the home and portions of the property above the 1% annual chance floodplain is residential in nature and complies with the intent of the code. MCWD approvals are also required for the floodplain mitigation shown. 2) Compliant with the zoning code, including any conditions imposed on specific uses as required by article V, division 3 of the City Code; The detached garage where the bathroom will be located will be otherwise conforming in location, and height on the Property. The proposed grading is residential in nature which is consistent with the permitted uses for the Property. 196 196 FILE #LA20-000022 21 September 2020 Page 7 of 10 3) Adequately served by police, fire, roads, and stormwater management; The proposed use will be adequately served by existing services and facilities. 4) Provided with an adequate water supply and sewage disposal system; This statement is true; the proposed detached garage with plumbing will be connected to City sewer and private well. 5) Not expected to generate excessive demand for public services at public cost; Staff believes this criterion is met. 6) Compatible with the surrounding area as the area is used both presently and as it is planned to be used in the future; Regarding the import of and movement of fill material and re-grading of the Property, once completed, will have no impact on surrounding lands. The grades, once vegetated and landscaped should not have an adverse impact on the neighborhood or the lake. The detached garage building is rural residential in character, will be architecturally consistent with the principal building, and its use is expected to be compatible with the surrounding area. 7) Consistent with the character of the surrounding area, unless a change of character is called for in the community management plan; The detached garage will have a residential visual character in keeping with the proposed home and is expected to be compatible with the surrounding area. The proposed grading activity will help to slow runoff from leaving the Property and impacting neighboring properties. The floodplain mitigation proposed will not result in a negative impact to neighboring properties or the lake. 8) Compatible with the character of buildings and site improvements in the surrounding area, unless a change of character is called for in the community management plan; The Applicants are proposing to substantially regrade the Property to mitigate filled floodplain areas for the building site as well as facilitate better stormwater management. It is likely adjacent lakeshore properties will not be impacted. The grading will be reviewed and monitored closely by the City’s engineer and MCWD staff to assure that proper grading is conducted and that adjacent properties and the lake are not adversely impacted. The architectural styling of the building will be residential in character and consistent with that of the proposed home on the Property. 9) Not expected to substantially impair the use and enjoyment of the property in the area or have a materially adverse impact on the property values in the area when compared to the impairment or impact of generally permitted uses; The use of the structure for garage storage and flex space is not expected to have any adverse impacts. No information has been presented to indicate such. 197 197 FILE #LA20-000022 21 September 2020 Page 8 of 10 The result of the proposed grading will enhance, rather than change, the intended residential use of the Property; there should be no change in the use and enjoyment of adjacent properties resulting from the import of fill materials and grading. However, active grading of the Property can have a temporary adverse impact on neighbors. The grading work on the Property as well as the further construction of the residence could result in noise, dust, vibration and traffic on the haul routes and immediate neighbors. To the degree possible, negative impacts should be limited and mitigated. 10) Provided with screening and buffering adequate to mitigate undesirable views and activities likely to disturb surrounding uses; The finished grade will be vegetated and landscaped; it should blend into the Property. The project, once completed, should not result in undesirable views requiring mitigation. 11) Not create a nuisance which generates smoke, noise, glare, vibration, odors, fumes, dust, electrical interference, general unsightliness, or other means; The result of the proposed grading will enhance, rather than change the intended residential use of the Property; there should be no change in the use and enjoyment of adjacent properties resulting from the import of fill materials and grading. However, active grading of the Property can have a temporary adverse impact on neighbors. The grading work on the Property as well as the further construction of the residence could result in noise, dust, vibration and traffic on the haul routes and immediate neighbors. To the degree possible, negative impacts should be limited and mitigated. The proposed detached garage with plumbing is not expected to cause any of these undesirable impacts. 12) Not cause excessive non-residential traffic on residential streets, parking needs that cause a demonstrable inconvenience to adjoining properties, traffic congestion, or unsafe access; The grading project will be monitored by the MCWD, the City Engineer, and planning staff so as to minimize nuisances during the project. It is anticipated that the proposed detached garage with plumbing will not generate any of these undesirable issues. 13) Designed to take into account the natural, scenic, and historic features of the area and to minimize environmental impact; The proposed detached garage with plumbing will not affect these features or have a negative environmental impact. The project is being designed to take into account the natural, scenic, and historic features of the area and to minimize environmental impact. The long term effect of the project should result in minimal environmental impacts. The project will be monitored by the City to prevent erosion from the site. 14) All exterior lighting shall be so directed so as not to cast glare toward or onto the public right-of-way or neighboring residential uses or districts; There should be no 198 198 FILE #LA20-000022 21 September 2020 Page 9 of 10 lighting or glare resulting from the grading project; the applicant shall be advised of the lighting requirement regarding the home and detached garage; and 15) Not detrimental to the public health, public safety, or general welfare. The grading project will be monitored by the MCWD, the City Engineer and planning staff so as to minimize nuisances during the project. Staff believes this criterion is met. A CUP may be granted subject to such conditions as the Council may prescribe. Additionally, a CUP shall remain in effect as long as the conditions imposed by the City Council are observed, but nothing in this section shall prevent the city from enacting or amending official controls to change the status of conditional uses. Public Comments To date, no public comments have been received. Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? 2. Does the Planning Commission find that the variances, 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 variances? 4. Are there any other issues or concerns with this application? Planning Staff Recommendation Planning Staff recommends approval. The applicant has demonstrated practical difficulties to support the requested lot area, lot width, setback and hardcover variances without generating neighborhood opposition. The FEMA and City floodplain requirement for a 15-foot elevation bench around the home should be achieved, as there is adequate space on the property and the grading plan can be modified to conform. The proposed landscape plan offers additional infiltration opportunities offsetting the hardcover and structure placed within the 75-foot setback. They have satisfied the criteria for approval of both of the requested conditional use permits. A covenant should be signed by the property owners relating to the plumbing within the detached garage. A haul route will be required with the building permit. The Staff analysis has indicated or assumed a number of updates or revisions to the plans as submitted. The Planning Commission could table action to allow for review, or if comfortable with the level of detail provided for the current review, could provide a recommendation to the City Council. Regardless of Planning Commission action, prior to City Council review the applicant shall provide updated civil and architectural plans in addition to the required certificate of survey, and documentation from the MCWD showing approval of the floodplain mitigation plan. 199 199 FILE #LA20-000022 21 September 2020 Page 10 of 10 List of Exhibits Exhibit A. Application Exhibit B. Practical Difficulties Documentation Exhibit C. Existing Survey Exhibit D. Site Plan – Annotated by Staff Exhibit E. Civil Plans Exhibit F. Architectural Plans and Elevations Exhibit G. Submitted Hardcover Calculations Exhibit H. City Engineer Comments Exhibit I. MCWD Email Exhibit J. Property Owners List Exhibit K. Plat Map References File #14-3695 – Resol Nos. 6463 & 6679 File #17-3918 – Resol. Nos. 6759 & 6833 File #LA19-000030 – Resol. No. 6971 200 200 1 4900 Highway 169 Suite 303 New Hope, MN 55428 612-810-9628 Memo To: City of Orono RE: 1095 Ferndale Rd This memo is in response to comments regarding 15’-0” benchmark/buffer zone around perimeter of new residence. I believe the benchmark elevation requested is an elevation of 931.5’. It is my understanding that this benchmark is to provide safe egress from the home in the event of a flood event. On another project I have worked on in another city this elevation was required from the front door exit to the street or public way. The project as proposed provides a minimum grade elevation of 934.0’ within 5’-0’ of the home and out thru the driveway to the street, all above the required 931.5’ protection elevation. The Civil drawings submitted for review indicate the 15’-0” area around the house. There are 3 areas that technically end up with slightly less than the required 15’-0” of space to the benchmark elevation of 931.5’. These areas include an open covered patio to the west, the garage to the north and a small projection of the bedroom to the east. The grades may be able to be revised to provide the full 15’-0” buffer around the house but would reduce the proposed storage capacity of the stormwater retention areas and impede the surface drainage areas on the east and west sides of the new home. The storage capacity is restricted by elevation so additional area is not allowed to make these areas deeper so any reduction to surface area would reduce the capacity of the ponding areas. Richard Storlien RDS Architects 201 201 AGENDA ITEM Prepared By: J. Barnhart Reviewed By: DJR Approved By: DJR 1. Purpose. Consider directing Staff to review a text amendment related to residential dock use and certain exceptions. 2. Background. The Mayor has requested this item be placed on the agenda. In the course of enforcing the dock regulations that prohibit rental of docks, staff has learned that the non-resident users of the dock live in the neighborhood a short distance away. These residents contacted the Mayor about options. The Mayor recalled an exemption considered by the city in the past; this exception would allow a non-lakeshore property owner to dock their boat in an agreeing lakeshore property owner’s dock, provided that this dock was within 1,000 feet of their property. That exemption, and others, were considered by the Planning Commission on May 21, 2012. The Planning Commission did not support the “proximity” exception. The Council reviewed the proposed ordinance at their meeting on June 11, 2012, and after much discussion, directed staff to prepare an ordinance for adoption which included no exceptions. The final ordinance was approved on June 25, 2012, on consent. The applicable text has not been amended since then. The packet for the June 11, 2012 City Council meeting is attached as Exhibit A and includes the planning commission packet from May 2012 and discussion. The minutes from that meeting are attached as Exhibit B. If authorized to proceed, staff envisions discussion at a future Council workshop to fully understand Council’s goals, prior to initiating formal public hearing process. 3. Staff Recommendation. Staff seeks direction. COUNCIL ACTION REQUESTED City Council should provide direction whether or not to proceed. Exhibits A. June 11, 2012 City Council packet B. Minutes from June 11, 2012 CC Meeting References A. June 25, 2012 CC Packet B. February 27, 2012 CC Packet C. May 23, 2011 CC Packet D. May 21, 2012 PC Packet E. April 16, 2012 PC Packet Item No.: 21 Date: November 9, 2020 Item Description: Discussion related to a Potential Text Amendment Related to Residential Dock Use and Certain Exceptions Presenter: Jeremy Barnhart, AICP Community Development Director Agenda Section: Planning Department Report 202 202 D o c k I s s u e E x h i b i t A 2 0 3 2 0 3 2 0 4 2 0 4 2 0 5 2 0 5 2 0 6 2 0 6 2 0 7 2 0 7 2 0 8 2 0 8 2 0 9 2 0 9 2 1 0 2 1 0 2 1 1 2 1 1 2 1 2 2 1 2 2 1 3 2 1 3 2 1 4 2 1 4 2 1 5 2 1 5 2 1 6 2 1 6 2 1 7 2 1 7 2 1 8 2 1 8 2 1 9 2 1 9 2 2 0 2 2 0 2 2 1 2 2 1 2 2 2 2 2 2 2 2 3 2 2 3 2 2 4 2 2 4 2 2 5 2 2 5 2 2 6 2 2 6 2 2 7 2 2 7 2 2 8 2 2 8 2 2 9 2 2 9 2 3 0 2 3 0 2 3 1 2 3 1 2 3 2 2 3 2 2 3 3 2 3 3 2 3 4 2 3 4 2 3 5 2 3 5 2 3 6 2 3 6 2 3 7 2 3 7 2 3 8 2 3 8 2 3 9 2 3 9 2 4 0 2 4 0 2 4 1 2 4 1 2 4 2 2 4 2 2 4 3 2 4 3 2 4 4 2 4 4 2 4 5 2 4 5 2 4 6 2 4 6 2 4 7 2 4 7 2 4 8 2 4 8 2 4 9 2 4 9 2 5 0 2 5 0 2 5 1 2 5 1 2 5 2 2 5 2 2 5 3 2 5 3 2 5 4 2 5 4 2 5 5 2 5 5 2 5 6 2 5 6 D o c k I s s u e E x h i b i t B 2 5 7 2 5 7 2 5 8 2 5 8 2 5 9 2 5 9 From:Jeremy Barnhart To:Denny Walsh Cc:Dustin Rief; Aaron H. Printup Subject:RE: October 9, 2020 Letter to Kathy Rudd Date:Thursday, October 29, 2020 11:24:00 AM Will do. From: Denny Walsh Sent: Thursday, October 29, 2020 9:24 AM To: Jeremy Barnhart <jbarnhart@ci.orono.mn.us> Cc: Dustin Rief <drief@ci.orono.mn.us>; Aaron H. Printup <aprintup@ci.orono.mn.us> Subject: RE: October 9, 2020 Letter to Kathy Rudd Let's get this on the next council meeting. Thx Denny Walsh Orono Mayor 612.414.5055 On Oct 29, 2020 9:13 AM, Jeremy Barnhart <jbarnhart@ci.orono.mn.us> wrote: Denny, The current language in the code reflects the language in Ordinance 93 approved in 2012. I was here in 2015 and 16 and do not recall any changes, but double checked the ordinance list and did not seen any change that involved what we are talking about, other than the change that was made earlier this year, for RS zoned properties. I know at various times, the Council has heard testimony from residents about rentals, including dock rentals, but no action was taken related to docks specifically. Reviewing the minutes, you spoke at the Council meeting when this kicked off, in May, 2011. Jeremy Barnhart, AICP Community Development Director City of Orono 952-249-4626 From: Denny Walsh Sent: Wednesday, October 28, 2020 4:54 PM To: Jeremy Barnhart <jbarnhart@ci.orono.mn.us> Cc: kris rudd <krisrudd21@gmail.com>; Dustin Rief <drief@ci.orono.mn.us>; steve@varsitypainters.com; Lori Melander <melander5732@msn.com>; Jackie Hess <jackie_hess@hotmail.com>; Aaron H. Printup <aprintup@ci.orono.mn.us> Subject: RE: October 9, 2020 Letter to Kathy Rudd Dock Issue Exhibit C260 260 There was a council meeting after 2012. I was not on the council in 2012. We made an ordinance change while I was on the council before I was mayor. 2015 or 2016 Denny Walsh Orono Mayor 612.414.5055 On Oct 28, 2020 2:31 PM, Jeremy Barnhart <jbarnhart@ci.orono.mn.us> wrote: Mayor Walsh, others, In 2012, the City Council passed the ordinance that is currently ‘on the books’. The case was #11- 3503. At its’ meeting on May 21, 2012, the Planning Commission recommended approval of an ordinance that included an exception: “Any Boat may be docked on a private dock for a period not to exceed 72 consecutive hours.” They considered other exceptions, including one for property owners within 1,000 feet of the private dock, but the Commission did not support that exception. At its’ meeting on June 11, 2012, the City Council received the Commission’s recommendations, but did not support any exceptions, and wanted to ordinance to read as it currently is. The Council ultimately approved that final ordinance on June 25, 2012 as Ordinance 93 3rd Series. As you know, the City Council may initiate any amendment it deems appropriate. Any resident may also initiate an amendment and making the appropriate application. Please let me know if you have any questions, or need additional information. Jeremy Barnhart, AICP Community Development Director City of Orono 952-249-4626 From: Denny Walsh Sent: Tuesday, October 27, 2020 11:54 AM To: Jeremy Barnhart <jbarnhart@ci.orono.mn.us> Cc: kris rudd <krisrudd21@gmail.com>; Dustin Rief <drief@ci.orono.mn.us>; steve@varsitypainters.com; Lori Melander <melander5732@msn.com>; Jackie Hess <jackie_hess@hotmail.com>; Aaron H. Printup <aprintup@ci.orono.mn.us> Subject: RE: October 9, 2020 Letter to Kathy Rudd Thanks. I remember very well the discussion. Denny Walsh Orono Mayor 612.414.5055 On Oct 27, 2020 11:23 AM, Jeremy Barnhart <jbarnhart@ci.orono.mn.us> wrote: 261 261 Denny, I’m not aware of any exemption in the code, but I will look into it. Jeremy Barnhart, AICP Community Development Director City of Orono 952-249-4626 From: Denny Walsh Sent: Tuesday, October 27, 2020 11:20 AM To: kris rudd <krisrudd21@gmail.com>; Jeremy Barnhart <jbarnhart@ci.orono.mn.us> Cc: steve@varsitypainters.com; Lori Melander <melander5732@msn.com>; Jackie Hess <jackie_hess@hotmail.com>; Aaron H. Printup <aprintup@ci.orono.mn.us> Subject: Re: October 9, 2020 Letter to Kathy Rudd Did we ever add the exemption for neighbors that are not paying anything? I remember discussing it and I thought we put something on place for that. This was a few years ago. Thanks, Dennis Walsh Orono Mayor 612.414.5055 From: kris rudd <krisrudd21@gmail.com> Sent: Tuesday, October 27, 2020 11:09:02 AM To: Jeremy Barnhart Cc: steve@varsitypainters.com; Lori Melander; Jackie Hess; Aaron H. Printup; Denny Walsh Subject: Re: October 9, 2020 Letter to Kathy Rudd Hi Jeremy, Thank you for your reply. We realize this is a unique case and will be interested to know the end results of the other case currently being reviewed. If we can be of assistance in helping to modify the existing code, please let us know! Blessings....Kris On Tue, Oct 27, 2020 at 10:56 AM Jeremy Barnhart <jbarnhart@ci.orono.mn.us> wrote: Kris, I verified that the boats are no longer docked, so I will not be forwarding any issue related to your parents to the City Attorney at this time. A reasonable question remains, what happens next year. I don’t know other to say that I react to 262 262 complaints, and if I were to receive another complaint, another inspection would be completed, and if appropriate, another letter sent. I can say that a similar situation (another property) is being reviewed by the prosecuting attorney now, and that issue may result in changes/ clarifications of the code. Please feel free to give me a call, I’d be happy to discuss the issue with you. Jeremy Barnhart, AICP Community Development Director City of Orono 952-249-4626 From: kris rudd [mailto:krisrudd21@gmail.com] Sent: Sunday, October 25, 2020 5:31 PM To: Jeremy Barnhart <jbarnhart@ci.orono.mn.us> Cc: steve@varsitypainters.com; Lori Melander <melander5732@msn.com>; Jackie Hess <jackie_hess@hotmail.com>; Aaron H. Printup <aprintup@ci.orono.mn.us>; Denny Walsh <dwalsh2@ci.orono.mn.us> Subject: October 9, 2020 Letter to Kathy Rudd Dear City of Orono, I am writing in response to the letter you sent my mother--Kathy Rudd regarding a complaint of dock violation at 607 Park Lane. My parents are 76 and 77 years old and I live 2 houses down from them at 601 Park Lane. Understandably, they were upset by the letter. Knowing that the City of Orono filed a lawsuit against a woman in her 70's for something similar, they asked me to follow up. They do not want to retain legal counsel, but will if forced to. We are all hopeful that will not be the case. Between the homes located at 601, 607 and 630 Park Lane, our Rudd family has lived in this same Orono neighborhood for multiple generations. As long as my parents have lived at 607 Park Lane, they have allowed neighbors living across the street at 630 Park Lane to keep a boat at their dock (Stewarts, Vogts, Andersons, and now Gambonis). The 630 house was originally built by my grandparents, my dad was raised there and it will always be a part of our family history. Ben and Jackie Gamboni are the current owners and have been keeping a boat at my parents place since they moved into the neighborhood. My parents receive no money from the Gambonis for this. Around the time they turned 70, my parents stopped putting a boat in the water. Due to their age, they no longer felt comfortable driving a boat. This was about the same time Steve and Lori Melander moved into our neighborhood at 550 Park Lane. Having known the Melander family for years, my parents allowed them to also keep a boat at their dock. Our family shares a lot of history with the Melander family, which is one of the reasons they moved into our neighborhood--they knew it was a great place! Steve and I played football together/graduated from Orono High School and both of our younger brothers were in the same Orono class (both have since passed away). Just like with the Gambonis, my parents 263 263 do not receive any money from the Melanders. We are all a bit puzzled by this situation, as neighbors have kept boats at my parents for 30- 40 years without incident. The fact that this is only being addressed due to some anonymous complaint is a bit unnerving for all of who live in our tight knit neighborhood. While we understand the initial reasoning as to why the Orono ordinance regarding docks was changed, the reasons for those changes do not apply in this case. My parents receive no money in exchange for use of dock space. The Gambonis and Melanders currently own homes in our neighborhood, so this has no impact with regard to additional parking, noise or unknown people coming in/out of our neighborhood. We are a small neighborhood full of good neighbors where everyone gets along and works together to support/help one another. We would like that to continue! Looking forward to working together to find a peaceful resolution in this matter. Sincerely, Shane Rudd 601 Park Lane 612-270-5511 -- Thank You! Kris 612-270-9749 264 264 AGENDA ITEM Prepared By: J. Barnhart Reviewed By: DJR Approved By: DJR 1. Purpose: To publish Requests for Proposals for Building Inspection, Code Review, and Code Enforcement Services (collectively Building Services). 2. Background: This item was introduced to the City Council on October 26th. At that time, Councilmember Johnson volunteered to serve on the review committee. Since then, the committee has met with our current vender to better understand industry expectations of the process. The Committee also recommends the revised RFP. The revised RFP is attached as Exhibit A. It requests proposals to complete required services (Building Official/ Building Inspection) and optional services (Septic, Code Enforcement). If the selected firm does not does these optional services, other providers will need to be identified. 3. Staff Recommendation: Staff recommends approval of the Building Services RFP and to establish an ad-hoc Building Services RFP review committee. COUNCIL ACTION REQUESTED Motion to Approve Request for Proposals for Building Services and the appointment of an ad- hoc Building Services RFP review committee. Exhibits A. Request for Proposal: Building Services RFP Item No.: 22 Date: November 9, 2020 Item Description: Consulting Building Services RFP Presenter: Jeremy Barnhart Agenda Section: Planning Department Report 265 265 1 CITY OF ORONO, MINNESOTA REQUEST FOR PROPOSALS FOR BUILDING OFFICIAL, BUILDING INSPECTION, CODE REVIEW, AND CODE ENFORCEMENT SERVICES SECTION 1. REQUEST FOR PROPOSALS FOR BUILDING INSPECTION, CODE REVIEW, AND CODE ENFORCEMENT SERVICES The City of Orono is requesting proposals from firms for Building Inspection, Code Review, and Code Enforcement Services (Inspection Services). SECTION 2. GENERAL INFORMATION A. The City of Orono is a managed growth community of 8,100 people located 20 minutes west of Minneapolis on Lake Minnetonka. Orono encompasses an area of 24 square miles, 30% of which is Lake Minnetonka. Orono operates as a Statutory Plan A City. The City is governed by a five member City Council which includes four members elected at large, and a Mayor elected at large. The City Council meets the second and fourth Monday of each month. The Planning Commission meets on the third Monday of each month. The City has a Planning, Zoning and Building Department headed by a Community Development Director. B. In 2019, the City issued 1600 permits, including 58 new homes. Total valuation added was $56.6 million. The city has about 1100 septic systems. C. The City has a strong tax base, driven by high valued lakeshore homes and large lot residential development. The City is about 90% developed, and projects an ultimate population of around 9,500. Orono has one small commercial district (Navarre) and shares a “downtown” commercial district with the City of Long Lake. A modest level of future redevelopment and infill development is expected in the commercial and lakeshore residential areas. C. The City places a high value on Customer service and strives to: 1. Be a leader in customer service in the public sector by displaying professionalism and being responsive to community needs; 2. Provide efficient and effective support to all departments; 3. Work as a department to review, develop, revise, implement, and integrate processes and strategic goals to best serve the residents and customers of Orono; Exhibit A 266 266 2 4. Realize the goals of the City through the consistent and accurate application of rules, policies, and plans developed and enacted by the City Council. SECTION 3. GENERAL INSTRUCTIONS AND TIMETABLE A. All proposals should be sent and all questions and correspondence should be directed to the City of Orono, Dustin Rief, City Administrator (952-249-4601) at 2750 Kelley Parkway, Orono, MN 55356. B. All proposals must be received at the City offices no later than 4:00 p.m., Thursday, December 10, 2020. The copies shall be sealed and clearly identified with "Building Services RFP” by the submittal deadline. C. Proposals must be signed by an authorized representative of the company. D. Proposals should be limited to a maximum of 30 pages, including all supporting documentation. E. In order to ensure a fair review and selection process, firms submitting proposals are specifically requested not to make other contacts with the City staff or Councilmembers regarding their proposals. F. The City staff plan to review and analyze all proposals in early December 2020, and schedule interviews with one or more firms in December, 2020. The City plans to make a final selection by January 11, 2021. G. The effective date of Inspection services commencement will be negotiated to assure a smooth transition in services, but the transition is expected to occur expeditiously. H. The term of the contract shall be indefinite, subject to ongoing review and evaluation by the City. SECTION 4. REQUIRED CONTENTS FOR PROPOSALS: A. Title Page. Show the proposal subject, the name of the proposer’s firm, address, telephone number, e- mail address, name of the contact person, and the date. B. Table of Contents. Include a clear identification of the material by section and page number. C. Proposing Firm Overview 1. Describe your firm’s background and history, including the number of years in business and the number and breakdown of personnel that will serve the city. Include information about the firm’s experience performing similar work. 2. Provide a list of other services offered by your firm that may benefit the City. D. Identification and Qualification of Assigned Personnel. 1. Describe your firm’s capacity for providing Inspection services as indicated in this RFQ. The ideal firm should have extensive experience in Building Inspection including, but not limited to, the following areas: a. State of Minnesota Building Official Certification b. Multiple State of Minnesota Inspector Certification c. Septic System Certification as both a d. Experience with Citizen Serve, the City’s online permitting system. e. Experience in City zoning code enforcement (if applicable) 267 267 3 2. Describe the training and experience (including years) of the persons who will be providing Inspection services. Please provide resumes for all key staff that will be providing services. 3. Describe your firm’s staff and resource capacity to respond to time-sensitive or short notice requests and complicated issues. Include the proposed hours of availability of Building Official and additional support staff from your firm. 4. Describe your firm’s commitment, and the commitment of the key individuals in this proposal, to personal and professional development, and the benefit of that commitment to the City. 5. Describe the approach you would use to communicate with the city council, city clerk, city employees, the public, and the media. E. Basis for Compensation 1. Provide a proposed hourly rate schedule, including any multipliers or pay factors for overhead for all positions (Building Official, Building Inspector, Plan Review, Code Enforcement (if applicable), Court Testimony, etc.), for those services referred to as hourly services. 2. If you are proposing a fee based on a percentage of permit fees or plan check fees, include any variables or assumptions that would influence the city’s financial responsibility. Indicate what services are to be provided within the scope of the retainer. F. List of References, Potential Conflicts, and Claims 1. Provide at least five references from public clients, at least two of which are from cities of similar size for whom similar services have been performed within the past five years. 2. Describe the procedure employed by your firm for identifying and resolving conflict of interest issues. State any potential conflict(s) of interest (i.e. real estate developers, other units of government, etc.) that your firm may have in providing services as outlined in this RFQ. 3. Provide a statement of any insurance claims and/or ethics complaints taken against the firm or firm’s official(s) over the last five years and the status or outcomes of such action. Please indicate whether the action is pending or is currently under review by the State Ethics Board, G. Detailed Response to the Scope of Services 1. The proposal should address in a detailed fashion the approach of the firm to each of the general work elements outlined in the following Scope of Services. 2. The proposing firm should be able to provide all of the REQUIRED services listed in the Scope of Services, either with the organization or by using a sub-consultant. SECTION 5. SCOPE OF WORK The City of Orono is searching for a firm that will provide a wide range of professional services. The general work elements are outlined below. The items listed as “required” must be included in a proposal in order to be considered. A. The City uses Citizen Serve as it’s online application, review, permitting, Code enforcement and related record keeping program. The Firm will be expected to employ this service. (Required.) B. Building Official Services. (Required.) 1. Serve as the designated Building Official, under the general direction of the Community Development Director with proper accreditation. 2. Plan, program, direct and participate in all building service activities associated with setting and ensuring compliance with building standards. 3. Perform, plan, organize, direct, and review the operations and activities of building inspections. 268 268 4 4. Review building plans for conformance with the code provisions and approve plans/ specifications as necessary, perform plan checks for energy, plumbing, mechanical, accessibility, and other codes. 5. Advise homeowners, builders, architects, contractors, residents and others concerning building code provisions and construction methods including minimum standards of construction and materials. 6. Review plans and specifications for on-site septic systems, inspect installations and keep records. 7. Prepare complex reports and letters. 8. Assist staff in resolving technical questions relating to various code requirements. 9. Explain city polices to the public, developers and builders. 10. Establish and maintain relationships with appropriate government bodies, private firms, organizations or individuals to assist in achieving City objectives and ensuring compliance with appropriate laws and development standards. 11. Assist in resolving disputes between the City and contractors. 12. Provide highly responsive customer service to permittees, staff, and the general public. 13. Advise the City Administrator, Community Development Director, Director of Public Works and other department heads on building services activities. C. Building Inspection Services. Under the direction of the Building Official. (Required): a. Perform all manner of inspections for residential, commercial, institutional projects. b. Consult with state and federal agencies having jurisdictional authority over projects as warranted. c. Document inspection findings accurately. D. Code Enforcement. (Optional) Under the general direction of the Community Development Director: The firm will perform Code Enforcement Activities, including, inspections, letter writing, follow up inspections, reporting, etc. The individual would also provide testimony at Court as necessary. In 2019, the city processed 120 complaint cases. E. Septic Program (Optional) a. Manage the City’s individual on-site Septic System Program in accordance with applicable State Law including all plan review, inspections, reports and documentation. b. Maintain appropriate State accreditation. F. City Meetings (Optional) a. Occasionally, it is desirable to include the building department in internal meetings, including staff meetings 2 times per month. Vary rarely is attendance requested at a Planning Commission or City Council meeting (0 times in the last year). b. As necessary, it is desired to meet the property owners or developers regarding building codes, before an application is submitted. c. SECTION 6. PROPOSAL EVALUATION: A. The City intends to retain the services of the firm evaluated to be the best qualified to perform the work for the City, with experience, compatibility, cost, and other performance factors considered. B. A committee of city staff and Council member(s) will evaluate the applications based on the 100- point scale listed below. The committee will produce a list of finalists who are judged to be the most responsive and responsible proposer for the services requested. Interviews will be conducted to finalize the selection. The committee will make a recommendation to the City Council for formal approval. 269 269 5 C. A firm that does not provide the required services will not be considered. 1. The firm’s approach to, and understanding of, the Scope of Services (25 pts.) 2. The experience and qualifications of key personnel (25 pts.) 3. The firm’s experience and performance with similar contracts and clients (15 pts.) 4. Cost of services (35 pts.) 5. Approach to optional services. (10 pts maximum each service) a. Code Enforcement option (Section 5. D) i. Approach to Code Enforcement ii. Cost for Code Enforcement Services b. Septic Program option (Section 5. E) i. Approach to Septic Program ii. Cost to Administer Septic Program c. City Meetings option (Section 5. F) i. Cost to attend public meetings ii. Cost to attend internal staff meetings D. The City shall not be liable for any expenses incurred by the proposer including, but not limited to, expenses associated with the preparation and submission of the proposal, attendance at interviews, or final contract negotiations. E. The City reserves the right to request additional information from any and all proposers for purposes of clarification, and to accept or negotiate any modification to any proposal received by the posted deadline. SECTION 7. TERMS AND CONDITIONS: A. The City reserves the right to reject any or all proposals or to negotiate a contract that is in the best interest of the City at the absolute and sole discretion of the City Council. B. The contract for services will require that the firm selected maintain general liability, automobile, worker’s compensation, and errors and omissions insurance. The contract will also contain provisions requiring the selected firm to indemnify the City and firm serves at the will of the City Council and the City Council has the right to terminate the agreement, at its sole discretion, upon the provision of notice. C. The contract for services will require the firm provide all equipment necessary to perform the functions of the job, including cell phones, mobile computers, vehicles, and office equipment. SECTION 8. REQUEST FOR PROPOSALS AND SELECTION SCHEDULE Advertise and Distribute RFP: November 10, 2020 RFP Submittal Deadline: December 10, 2020 Review of Proposals: December, 2020 Interviews: December 2020 Award: January 11, 2021 Start Date: April 11, 2021 (latest) 270 270 AGENDA ITEM Prepared By: DJR Reviewed By: DJR Approved By: DJR 1. Purpose: To gain approval for the 2021 Health Insurance Plan Benefits for employees. 2. Background: In May of this year, the City elected to leave the LOGIS health insurance pool to seek opportunities to provide quality benefits at a cheaper cost for city employees. The City engaged Paychex Insurance benefits as our agent to provide these quotes and information. The City received 4 plan quotes and the information was presented to the staff insurance committee. After comprehensive look at the impact to the employees and the out of pocket costs for all categories of employees, a decision to present the Health Partners Option was made. The 2021 Health Partners premium options represents an average of 3.47% savings on premiums for employees. However, the plan options provided have moved the family deductibles from $5,600 to $7,600 per year. The average premium savings for family groups is approximately $1055.00 per year. The savings from the premiums has the potential to be used up by the employees with families to cover deductibles. 3. Funding: The City allocates $915 towards single employee contributions and $1472.50 towards family employee contributions. The total budgeted cost to the City for employee contributions for 2020 was $758,050. The City Contribution will remain the same for 2021. 4. Staff Recommendation: Staff recommends approval the 2021 Health Partners Plan option for the medical benefits for city employees. COUNCIL ACTION REQUESTED Motion to Approve the Health Partners Plan Option for employee benefits for the 2021 budget year. Exhibits A. 2020 Health Plan Options B. 2021 Health Plan Options Item No.: 23 Date: November 9, 2020 Item Description: Health Insurance Plan Presenter: Dustin Rief, City Administrator Agenda Section: City Administrator Report 271 271 Carrier:HealthPartners HealthPartners Plan:$2500 HDHP.HRA $2800 HDHP.HSA RX PLUS In-Network Plan Design Features Lifetime Maximum Unlimited Unlimited Annual Maximum N/A N/A Deductible CY $2,500/person $5,000/family $2,800/person $5,600/family Coinsurance 100/0%100/0% Medical Out-of-Pocket Max (includes Medical & Rx) $2,500/person $5,000/family $2,800/person $5,600/family Preventive Care 100% coverage 100% coverage Office Visit/Urgent Care 100% after deductible 100% after deductible Convenience/Retail Care Clinic 100% coverage 100% after deductible Lab & Pathology 100% after deductible 100% after deductible X-ray & Other Imaging 100% after deductible 100% after deductible Inpatient Hospitalization 100% after deductible 100% after deductible Outpatient Hospitalization 100% after deductible 100% after deductible Emergency Room Facility 100% after deductible 100% after deductible Prescription Drugs (Rx) Retail - 1 month supply Preferred Generic, Preferred Brand & Non-Preferred: 80/20% with a min $10 and max $25 copay/script Copayment for 1-month supply of Select Preventive Medications Generic: $12.00 Brand: $45.00 otherwise: 100% after deductible Mail Order - 3 month supply Preferred Generic, Preferred Brand & Non-Preferred: 80/20% with a min $20 and max $50 copay/script Copayment for 3-month supply of Select Preventive Medications Generic: $24.00 Brand: $90.00 otherwise: 100% after deductible Specialty - Retail 80/20% capped at $200/script/month 100% after deductible Open Access Employee $805.50 $739.50 Employee + Child(ren)$1,610.00 $1,479.00 Employee + Spouse $1,690.50 $1,553.00 Family $2,093.00 $1,922.50 Perform Employee $789.00 $725.00 Employee + Child(ren)$1,578.00 $1,449.50 Employee + Spouse $1,656.50 $1,522.00 Family $2,051.00 $1,884.00 Achieve Employee $773.00 $710.00 Employee + Child(ren)$1,545.50 $1,420.00 Employee + Spouse $1,623.00 $1,490.50 Family $2,009.00 $1,845.50 *Rates above include HealthPartners EAP = $1.00/pmpm NETWORK DEFINITIONS: Open Access: Open Access Perform: Open Access network - without Mayo Achieve: HealthPartners and Park Nicollet Care systems, HealthPartners Family of Care, Northwest Alliance Partners, an City of Orono Medical Plan Options & Rates with EAP Band C January 1, 2020 The information contained herein subject to the disclosures and disclaimers on the final page of this illustration Preferred Rx formulary This analysis is an outline of the coverage proposed by the carrier's, based on information provided by your company. It does not include all of the terms, coverage, exclusions, limitations, and conditions of the actual contract language. The policies and contracts themselves must be read for those details. Policy forms for your reference will be made available upon request. 272 272 City of Orono GBS Disclosures RENEWAL-FINANCIAL NOTICE: This analysis is for illustrative purposes only, and is not a guarantee of future expenses, claims costs, managed care savings, etc. There are many variables that can affect future health care costs including utilization patterns, catastrophic claims, changes in plan design, health care trend increases, etc. This analysis does not amend, extend, or alter the coverage provided by the actual insurance policies and contracts. Please see your policy or contact us for specific information or further details in this regard. LEGAL NOTICE: The intent of this report is to provide you with general information regarding the status of, and/or potential concerns related to, your current employee benefits environment. It does not necessarily fully address all of your specific issues. It should not be construed as, nor is it intended to provide, legal advice. Questions regarding specific issues should be addressed by your general counsel or an attorney who specializes in this practice area. COVERAGE NOTICE: This analysis is an outline of the coverage proposed by the carrier(s), based on information provided by your company. It does not include all of the terms, coverage, exclusions, limitations, and conditions of the actual contract language. The policies and contracts themselves must be read for those details. Policy forms for your reference will be made available upon request. FINANCIAL RATING NOTICE: While GBS does not guarantee the financial viability of any health insurance carrier or market, it is an area we recommend that clients closely scrutinize when selecting a health insurance carrier or HMO. There are a number of rating agencies that can be referred to including, A.M. Best, Fitch, Moody’s, Standard & Poor’s, and Weiss Ratings (TheStreet.com). Generally, agencies that provide ratings of U.S. Health Insurers, including traditional insurance companies and other managed care (e.g., HMO) organizations, reflect their opinion based on a comprehensive quantitative and qualitative evaluation of a company’s financial strength, operating performance and market profile. However, these ratings are not a warranty of any insurer’s current or future ability to meet its contractual obligations. 9/10/2019 273 273 NationalONE Plan HRA Empower HSA NationalONE Plan Annual Deductible single/family $2,500/$5,000 $2,800/$7,600 Co-Insurance % 100% 100% Annual Out-of-Pocket Max single/family $2,500/$5,000 $2,800/$7,600 Office Visits and Urgent Care Preventive Care Office Visit Co-Pay $0 $0 Regular Office Visit Co-Pay 100% after deductible 100% after deductible Specialist Visit Co-Pay 100% after deductible 100% after deductible Urgent Care Co-Pay 100% after deductible 100% after deductible Hospital Coverage Emergency Room Co-Pay 100% after deductible 100% after deductible Prescription Coverage Retail Generic/Brand/Non-Preferred 80% ($10 minimum, $25 maximum)100% after deductible Open Access Monthly Premium Monthly Premium Employee Only $782.53 $717.47 Employee + Spouse $1,643.99 $1,507.30 Employee + Children $1,565.76 $1,435.57 Employee + Family $2,035.51 $1,866.27 Perform Monthly Premium Monthly Premium Employee Only $766.88 $703.12 Employee + Spouse $1,611.11 $1,477.16 Employee + Children $1,534.44 $1,406.86 Employee + Family $1,994.80 $1,828.95 Achieve Monthly Premium Monthly Premium Employee Only $735.58 $674.42 Employee + Spouse $1,545.35 $1,416.86 Employee + Children $1,471.81 $1,349.44 Employee + Family $1,913.38 $1,754.30 January 1, 2021 Benefit Details HealthPartners Plans CITY OF ORONO MEDICAL PLAN OPTION 1 - HEALTHPARTNERS 274 274 UHC Choice Plus Network - IWI HRA UHC Choice Plus Network - IW1 HSA UHC Core Network - IVZ HRA UHC Core Network - IW1 HSA Annual Deductible single/family $2,500/$5,000 $2,800/$5,600 $2,500/$7,500 $2,800/$5,000 Co-Insurance %100%100%100%100% Annual Out-of-Pocket Max single/family $5,000/$10,000 $5,950/$11,900 $6,000/$18,000 $3,500/$7,000 Office Visits and Urgent Care Preventive Care Office Visit Co-Pay $0 $0 $0 $0 Regular Office Visit Co-Pay 100% after deductible 100% after deductible 100% after deductible 100% after deductible Specialist Visit Co-Pay 100% after deductible 100% after deductible 100% after deductible 100% after deductible Urgent Care Co-Pay 100% after deductible 100% after deductible 100% after deductible 100% after deductible Hospital Coverage Emergency Room Co-Pay 100% after deductible 100% after deductible 100% after deductible 100% after deductible Prescription Coverage Retail Generic/Brand/Non-Preferred 100% after deductible 100% after deductible 100% after deductible 100% after deductible Coverage Level Monthly Premium Monthly Premium Monthly Premium Monthly Premium Employee Only $821.66 $753.34 $805.22 $738.28 Employee + Spouse $1,726.19 $1,582.67 $1,691.67 $1,551.02 Employee + Children $1,644.05 $1,507.35 $1,611.16 $1,477.20 Employee + Family $2,137.29 $1,959.58 $2,094.54 $1,920.40 Percentage Change from HealthPartners Plans Medica Passport Network HRA Gold Medica Passport Network HSA Gold Medica Elect Network HRA Gold Medica Elect Network HSA Gold Annual Deductible single/family $2,500/$5,000 $2,800/$5,600 $2,500/$5,000 $2,800/$5,600 Co-Insurance %90%100%90%100% Annual Out-of-Pocket Max single/family $2,500/$5,000 $2,800/$5,600 $2,500/$5,000 $2,800/$5,600 Office Visits and Urgent Care Preventive Care Office Visit Co-Pay $0 $0 $0 $0 Regular Office Visit Co-Pay 90% after deductible 100% after deductible 90% after deductible 100% after deductible Specialist Visit Co-Pay 90% after deductible 100% after deductible 90% after deductible 100% after deductible Urgent Care Co-Pay 90% after deductible 100% after deductible 90% after deductible 100% after deductible Hospital Coverage Emergency Room Co-Pay 90% after deductible 100% after deductible 90% after deductible 100% after deductible Prescription Coverage Retail Generic/Brand/Non-Preferred 90% after deductible 100% after deductible 90% after deductible 100% after deductible Coverage Level Monthly Premium Monthly Premium Monthly Premium Monthly Premium Employee Only $856.87 $785.63 $839.73 $769.92 Employee + Spouse $1,800.17 $1,650.49 $1,764.17 $1,617.49 Employee + Children $1,714.51 $1,571.95 $1,680.21 $1,540.51 Employee + Family $2,228.88 $2,043.57 $2,184.31 $2,002.70 Percentage Change from HealthPartners Plans PIC 2500 100 HRA - Complete Network PIC 3000 100 HSA - Complete Network PIC 2500 100 HRA - Horizon Network PIC 3000 100 HSA - Horizon Network Annual Deductible single/family $2,500/$5,000 $3,000/$6,000 $2,500/$5,000 $3,000/$6,000 Co-Insurance %100%100%100%100% Annual Out-of-Pocket Max single/family $2,500/$5,000 $3,000/$6,000 $2,500/$5,000 $3,000/$6,000 Office Visits and Urgent Care Preventive Care Office Visit Co-Pay $0 $0 $0 $0 Regular Office Visit Co-Pay 100% after deductible 100% after deductible 100% after deductible 100% after deductible Specialist Visit Co-Pay 100% after deductible 100% after deductible 100% after deductible 100% after deductible Urgent Care Co-Pay 100% after deductible 100% after deductible 100% after deductible 100% after deductible Hospital Coverage Emergency Room Co-Pay 100% after deductible 100% after deductible 100% after deductible 100% after deductible Prescription Coverage Retail Generic/Brand/Non-Preferred 100% after deductible 100% after deductible 100% after deductible 100% after deductible Coverage Level Monthly Premium Monthly Premium Monthly Premium Monthly Premium Employee Only $868.61 $796.39 $851.24 $780.46 Employee + Spouse $1,824.83 $1,673.10 $1,788.33 $1,639.65 Employee + Children $1,737.99 $1,593.48 $1,703.23 $1,561.61 Employee + Family $2,259.42 $2,071.56 $2,214.23 $2,030.13 Percentage Change from HealthPartners Plans 11% Higher Benefit Details Alternate Medica Plans 9.5% Higher CITY OF ORONO MEDICAL PLAN OPTION 3 - MEDICA CITY OF ORONO MEDICAL PLAN OPTION 4 - PREFERREDONE Benefit Details Alternate PreferredOne Plans Benefit Details Alternate United Healthcare Plans 5% Higher CITY OF ORONO MEDICAL PLAN OPTION 2 - UNITED HEALTHCARE 275 275 AGENDA ITEM Prepared By: DJR Reviewed By: DJR Approved By: DJR 1. Purpose: To gain approval for Long Lake Fire to Purchase SCBA Systems as planned for in the 2020 Fire CIP 2. Background: The City Council approved the Long Lake Fire Capital expenditures for 2019 with a $250,000 allocation for the replacement of SCBA apparatus’. The Long Lake Fire Department has reviewed products for multiple vendors and is presenting the expenditure for approval. 3. Funding: The City has allocated $250,000 for this purchase in the 2019 CIP. The City’s share for 2019 is 85.31% equating to $212,973.00 of the total expenditure of $249,646.00 4. Staff Recommendation: Staff recommends approval for the purchase of SCBA apparatus by the Long Lake Fire Department in the amount $212,973 COUNCIL ACTION REQUESTED Motion to Approve Long Lake Fire Department Capital expenditure for SCBA apparatus for Orono’s share of $212,973.00 Exhibits A. LLFD Memo B. Warranty Information C. 3M Information Item No.: 24 Date: November 9, 2020 Item Description: Long Lake Fire SCBA Capital Purchase Presenter: Dustin Rief Agenda Section: City Administrator 276 276 Serving the Communities of Long Lake, Medina, Minnetonka Beach and Orono with Pride and Professionalism since 1915 Long Lake Fire Department 340 North Willow Drive Long Lake, MN 55356 Longlakefire.org The Long Lake Fire Department would like to replace our Scott SCBA’s, which were purchased in 2006 with 3M Scott Air-Pak X3 Pro SCBA with the 3M Scott Vision Facepiece with E-Z Flo C5 Regulator. We are looking to purchase 32 SCBAs with bottles and 32 spare bottles along with 55 facepieces and 2 RIT equipment with cylinders for a total of $249,646. We will be purchasing these through the H-GAC Cooperative Purchasing Program since it gave us the best pricing. Please see the breakdown. The committee, which was made up of firefighters, coordinators and officers, made the decision to stay with our current manufacture of the SCBAs because they are a leader in the industry, they are a local company, they have the best warranty in the industry and the majority of fire departments in Hennepin County also use 3M Scott. In the future, we will be adding on the communication unit to the facepieces. It is supposed to be released sometime in 2021. Link for the Facepiece https://www.youtube.com/watch?v=5oKWVuLUoRI&feature=emb_rel_pause Scott X3 w/C5 & bottle $ 6,070.00 X 32 = $ 194,240.00 45 min bottle $ 988.00 X 32 = $ 31,616.00 Scott mask $ 280.00 X 55 = $ 15,400.00 RIT Equip $ 3,025.00 X 2 = $ 6,050.00 RIT cylinder $ 1,170.00 X 2 = $ 2,340.00 $ 249,646.00 277 277 FOR IMMEDIATE RELEASE Media Contact: Jason Cannon 704.291.8411 jrcannon@mmm.com 3M™ Scott™ Fire & Safety Announces New Warranty for NFPA 2018 Air-Pak™ X3 Pro SCBA Monroe, NC (September 9, 2019) – 3M™ Scott™ Fire & Safety, a global leader in respiratory protection and imaging solutions, announces a new warranty for its latest Air-Pak X3 Pro SCBA, compliant to the NFFA 1981, 2018 Edition standard (approvals pending). The Air-Pak X3 Pro is built on a foundation of proven, trusted performance, providing the same reliability and durability that 3M Scott builds into all its NFPA Air-Pak SCBA products. It is this relentless pursuit to deliver high quality products that allows 3M Scott to remain committed to its customers. The latest example of this commitment is the new As Long As You Own It – Air- Pak SCBA Warranty. Fire departments purchasing new Air-Pak X3 Pro SCBA, compliant to the NFPA 1981, 2018 Edition standard, will receive a lifetime warranty for as long as they own the product. “With the ‘As Long As You Own It – Air-Pak SCBA Warranty’, customers will have peace of mind knowing that their most important investment is backed for their lifetime ownership of the product,” said Jason Cannon, U.S. fire marketing manager for 3M Scott. The new As Long As You Own It – Air-Pak SCBA Warranty is effective on all Air-Pak X3 Pro SCBA shipped compliant to the NFPA 1981, 2018 Edition standard. This bumper-to-bumper warranty includes all standard components of the SCBA and is designed to help simplify budget planning for volunteer and municipal fire departments. With no mandatory overhaul schedule and no forced parts replacement, the As Long As You Own It – Air-Pak SCBA Warranty will help to minimize annual maintenance costs. “Fire departments should not have to worry about crunching numbers to help manage maintenance costs towards the end of the SCBA’s life cycle,” said John Dinning, global business manager, firefighter solutions. “This new warranty reinforces our commitment to the customer and further reduces their lifetime cost of ownership for the Air-Pak X3 Pro SCBA.” See warranty statement included with product for full detail. 278 278 About 3M At 3M, we apply science in collaborative ways to improve lives daily. With $32 billion in sales, our 91,000 employees connect with customers all around the world. Learn more about 3M’s creative solutions to the world’s problems at www.3M.com or on Twitter @3M or @3MNews. # # # 279 279 280 280 281 281 282 282 283 283 284 284 285 285 AGENDA ITEM Prepared By: MLU Reviewed By: DJR Approved By: DJR 1. Purpose: To allocate the remaining Coronavirus Relief Fund provided by the CARES Act to Police wages. Background: The Coronavirus Relief Fund (CRF) was established as part of the CARES Act to provide payment to State, Local and Tribal governments to help navigate the impact of the COVID-19 outbreak. The City received $610,407 for the CRF in July of 2020. The payments from the Coronavirus Relief Fund can only be used to cover expenses incurred between March 1, 2020 to December 30, 2020. On October 22, 2020, MMB updated the guidance that all unspent fund as of November 15, 2020 must be returned to the Hennepin County. Staff is recommending the remaining funds of approximately $195,000 be allocated to Police wages. Police officers are essential public safety positions whose duties are substantially dedicated to mitigating and responding to the COVID-19 public health emergency. 2. Staff Recommendation: Approve the allocation of the remaining $195,000 of Coronavirus Relief Fund provided by the CARES Act to Police wages. COUNCIL ACTION REQUESTED Motion to approve the allocation of the remaining CARES Act grant to Police wages. Exhibits A. Coronavirus Relief Fund Frequently Asked Questions Reference A. CARES Act Funding Information for Cities https://www.lmc.org/resources/cares-act-funding-covid/ Item No.: 25 Date: November 9,2020 Item Description: CARES Act Allocation Presenter: Dustin Rief, City Administrator Agenda Section: City Administrator Report 286 286 1 Coronavirus Relief Fund Frequently Asked Questions Updated as of October 19, 2020 1 The following answers to frequently asked questions supplement Treasury’s Coronavirus Relief Fund (“Fund”) Guidance for State, Territorial, Local, and Tribal Governments, updated as of September 2, 2020 (“Guidance”).2 Amounts paid from the Fund are subject to the restrictions outlined in the Guidance and set forth in section 601(d) of the Social Security Act, as added by section 5001 of the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”). A. Eligible Expenditures 1. Are governments required to submit proposed expenditures to Treasury for approval? No. Governments are responsible for making determinations as to what expenditures are necessary due to the public health emergency with respect to COVID-19 and do not need to submit any proposed expenditures to Treasury. 2. The Guidance says that funding can be used to meet payroll expenses for public safety, public health, health care, human services, and similar employees whose services are substantially dedicated to mitigating or responding to the COVID-19 public health emergency. How does a government determine whether payroll expenses for a given employee satisfy the “substantially dedicated” condition? The Fund is designed to provide ready funding to address unforeseen financial needs and risks created by the COVID-19 public health emergency. For this reason, and as a matter of administrative convenience in light of the emergency nature of this program, a State, territorial, local, or Tribal government may presume that payroll costs for public health and public safety employees are payments for services substantially dedicated to mitigating or responding to the COVID-19 public health emergency, unless the chief executive (or equivalent) of the relevant government determines that specific circumstances indicate otherwise. 3. The Guidance says that a cost was not accounted for in the most recently approved budget if the cost is for a substantially different use from any expected use of funds in such a line item, allotment, or allocation. What would qualify as a “substantially different use” for purposes of the Fund eligibility? Costs incurred for a “substantially different use” include, but are not necessarily limited to, costs of personnel and services that were budgeted for in the most recently approved budget but which, due entirely to the COVID-19 public health emergency, have been diverted to substantially different functions. This would include, for example, the costs of redeploying corrections facility staff to enable compliance with COVID-19 public health precautions through work such as enhanced sanitation or enforcing social distancing measures; the costs of redeploying police to support management and enforcement of stay-at-home orders; or the costs of diverting educational support staff or faculty to develop online learning capabilities, such as through providing information technology support that is not part of the staff or faculty’s ordinary responsibilities. 1 On August 10, 2020, these Frequently Asked Questions were revised to add Questions A.49–52. On September 2, 2020, Questions A.53–56 were added and Questions A.34 and A.38 were revised. On October 19, 2020, Questions A.57–59 and B.13 were added and Questions A.42, 49, and 53 were revised. 2 The Guidance is available at https://home.treasury.gov/system/files/136/Coronavirus-Relief-Fund-Guidance-for- State-Territorial-Local-and-Tribal-Governments.pdf. 287 287 2 Note that a public function does not become a “substantially different use” merely because it is provided from a different location or through a different manner. For example, although developing online instruction capabilities may be a substantially different use of funds, online instruction itself is not a substantially different use of public funds than classroom instruction. 4. May a State receiving a payment transfer funds to a local government? Yes, provided that the transfer qualifies as a necessary expenditure incurred due to the public health emergency and meets the other criteria of section 601(d) of the Social Security Act. Such funds would be subject to recoupment by the Treasury Department if they have not been used in a manner consistent with section 601(d) of the Social Security Act. 5. May a unit of local government receiving a Fund payment transfer funds to another unit of government? Yes. For example, a county may transfer funds to a city, town, or school district within the county and a county or city may transfer funds to its State, provided that the transfer qualifies as a necessary expenditure incurred due to the public health emergency and meets the other criteria of section 601(d) of the Social Security Act outlined in the Guidance. For example, a transfer from a county to a constituent city would not be permissible if the funds were intended to be used simply to fill shortfalls in government revenue to cover expenditures that would not otherwise qualify as an eligible expenditure. 6. Is a Fund payment recipient required to transfer funds to a smaller, constituent unit of government within its borders? No. For example, a county recipient is not required to transfer funds to smaller cities within the county’s borders. 7. Are recipients required to use other federal funds or seek reimbursement under other federal programs before using Fund payments to satisfy eligible expenses? No. Recipients may use Fund payments for any expenses eligible under section 601(d) of the Social Security Act outlined in the Guidance. Fund payments are not required to be used as the source of funding of last resort. However, as noted below, recipients may not use payments from the Fund to cover expenditures for which they will receive reimbursement. 8. Are there prohibitions on combining a transaction supported with Fund payments with other CARES Act funding or COVID-19 relief Federal funding? Recipients will need to consider the applicable restrictions and limitations of such other sources of funding. In addition, expenses that have been or will be reimbursed under any federal program, such as the reimbursement by the federal government pursuant to the CARES Act of contributions by States to State unemployment funds, are not eligible uses of Fund payments. 288 288 3 9. Are States permitted to use Fund payments to support state unemployment insurance funds generally? To the extent that the costs incurred by a state unemployment insurance fund are incurred due to the COVID-19 public health emergency, a State may use Fund payments to make payments to its respective state unemployment insurance fund, separate and apart from such State’s obligation to the unemployment insurance fund as an employer. This will permit States to use Fund payments to prevent expenses related to the public health emergency from causing their state unemployment insurance funds to become insolvent. 10. Are recipients permitted to use Fund payments to pay for unemployment insurance costs incurred by the recipient as an employer? Yes, Fund payments may be used for unemployment insurance costs incurred by the recipient as an employer (for example, as a reimbursing employer) related to the COVID-19 public health emergency if such costs will not be reimbursed by the federal government pursuant to the CARES Act or otherwise. 11. The Guidance states that the Fund may support a “broad range of uses” including payroll expenses for several classes of employees whose services are “substantially dedicated to mitigating or responding to the COVID-19 public health emergency.” What are some examples of types of covered employees? The Guidance provides examples of broad classes of employees whose payroll expenses would be eligible expenses under the Fund. These classes of employees include public safety, public health, health care, human services, and similar employees whose services are substantially dedicated to mitigating or responding to the COVID-19 public health emergency. Payroll and benefit costs associated with public employees who could have been furloughed or otherwise laid off but who were instead repurposed to perform previously unbudgeted functions substantially dedicated to mitigating or responding to the COVID-19 public health emergency are also covered. Other eligible expenditures include payroll and benefit costs of educational support staff or faculty responsible for developing online learning capabilities necessary to continue educational instruction in response to COVID-19-related school closures. Please see the Guidance for a discussion of what is meant by an expense that was not accounted for in the budget most recently approved as of March 27, 2020. 12. In some cases, first responders and critical health care workers that contract COVID-19 are eligible for workers’ compensation coverage. Is the cost of this expanded workers compensation coverage eligible? Increased workers compensation cost to the government due to the COVID-19 public health emergency incurred during the period beginning March 1, 2020, and ending December 30, 2020, is an eligible expense. 13. If a recipient would have decommissioned equipment or not renewed a lease on particular office space or equipment but decides to continue to use the equipment or to renew the lease in order to respond to the public health emergency, are the costs associated with continuing to operate the equipment or the ongoing lease payments eligible expenses? Yes. To the extent the expenses were previously unbudgeted and are otherwise consistent with section 601(d) of the Social Security Act outlined in the Guidance, such expenses would be eligible. 289 289 4 14. May recipients provide stipends to employees for eligible expenses (for example, a stipend to employees to improve telework capabilities) rather than require employees to incur the eligible cost and submit for reimbursement? Expenditures paid for with payments from the Fund must be limited to those that are necessary due to the public health emergency. As such, unless the government were to determine that providing assistance in the form of a stipend is an administrative necessity, the government should provide such assistance on a reimbursement basis to ensure as much as possible that funds are used to cover only eligible expenses. 15. May Fund payments be used for COVID-19 public health emergency recovery planning? Yes. Expenses associated with conducting a recovery planning project or operating a recovery coordination office would be eligible, if the expenses otherwise meet the criteria set forth in section 601(d) of the Social Security Act outlined in the Guidance. 16. Are expenses associated with contact tracing eligible? Yes, expenses associated with contact tracing are eligible. 17. To what extent may a government use Fund payments to support the operations of private hospitals? Governments may use Fund payments to support public or private hospitals to the extent that the costs are necessary expenditures incurred due to the COVID-19 public health emergency, but the form such assistance would take may differ. In particular, financial assistance to private hospitals could take the form of a grant or a short-term loan. 18. May payments from the Fund be used to assist individuals with enrolling in a government benefit program for those who have been laid off due to COVID-19 and thereby lost health insurance? Yes. To the extent that the relevant government official determines that these expenses are necessary and they meet the other requirements set forth in section 601(d) of the Social Security Act outlined in the Guidance, these expenses are eligible. 19. May recipients use Fund payments to facilitate livestock depopulation incurred by producers due to supply chain disruptions? Yes, to the extent these efforts are deemed necessary for public health reasons or as a form of economic support as a result of the COVID-19 health emergency. 20. Would providing a consumer grant program to prevent eviction and assist in preventing homelessness be considered an eligible expense? Yes, assuming that the recipient considers the grants to be a necessary expense incurred due to the COVID-19 public health emergency and the grants meet the other requirements for the use of Fund payments under section 601(d) of the Social Security Act outlined in the Guidance. As a general matter, providing assistance to recipients to enable them to meet property tax requirements would not be an eligible use of funds, but exceptions may be made in the case of assistance designed to prevent foreclosures. 290 290 5 21. May recipients create a “payroll support program” for public employees? Use of payments from the Fund to cover payroll or benefits expenses of public employees are limited to those employees whose work duties are substantially dedicated to mitigating or responding to the COVID-19 public health emergency. 22. May recipients use Fund payments to cover employment and training programs for employees that have been furloughed due to the public health emergency? Yes, this would be an eligible expense if the government determined that the costs of such employment and training programs would be necessary due to the public health emergency. 23. May recipients use Fund payments to provide emergency financial assistance to individuals and families directly impacted by a loss of income due to the COVID-19 public health emergency? Yes, if a government determines such assistance to be a necessary expenditure. Such assistance could include, for example, a program to assist individuals with payment of overdue rent or mortgage payments to avoid eviction or foreclosure or unforeseen financial costs for funerals and other emergency individual needs. Such assistance should be structured in a manner to ensure as much as possible, within the realm of what is administratively feasible, that such assistance is necessary. 24. The Guidance provides that eligible expenditures may include expenditures related to the provision of grants to small businesses to reimburse the costs of business interruption caused by required closures. What is meant by a “small business,” and is the Guidance intended to refer only to expenditures to cover administrative expenses of such a grant program? Governments have discretion to determine what payments are necessary. A program that is aimed at assisting small businesses with the costs of business interruption caused by required closures should be tailored to assist those businesses in need of such assistance. The amount of a grant to a small business to reimburse the costs of business interruption caused by required closures would also be an eligible expenditure under section 601(d) of the Social Security Act, as outlined in the Guidance. 25. The Guidance provides that expenses associated with the provision of economic support in connection with the public health emergency, such as expenditures related to the provision of grants to small businesses to reimburse the costs of business interruption caused by required closures, would constitute eligible expenditures of Fund payments. Would such expenditures be eligible in the absence of a stay-at-home order? Fund payments may be used for economic support in the absence of a stay-at-home order if such expenditures are determined by the government to be necessary. This may include, for example, a grant program to benefit small businesses that close voluntarily to promote social distancing measures or that are affected by decreased customer demand as a result of the COVID-19 public health emergency. 26. May Fund payments be used to assist impacted property owners with the payment of their property taxes? Fund payments may not be used for government revenue replacement, including the provision of assistance to meet tax obligations. 291 291 6 27. May Fund payments be used to replace foregone utility fees? If not, can Fund payments be used as a direct subsidy payment to all utility account holders? Fund payments may not be used for government revenue replacement, including the replacement of unpaid utility fees. Fund payments may be used for subsidy payments to electricity account holders to the extent that the subsidy payments are deemed by the recipient to be necessary expenditures incurred due to the COVID-19 public health emergency and meet the other criteria of section 601(d) of the Social Security Act outlined in the Guidance. For example, if determined to be a necessary expenditure, a government could provide grants to individuals facing economic hardship to allow them to pay their utility fees and thereby continue to receive essential services. 28. Could Fund payments be used for capital improvement projects that broadly provide potential economic development in a community? In general, no. If capital improvement projects are not necessary expenditures incurred due to the COVID-19 public health emergency, then Fund payments may not be used for such projects. However, Fund payments may be used for the expenses of, for example, establishing temporary public medical facilities and other measures to increase COVID-19 treatment capacity or improve mitigation measures, including related construction costs. 29. The Guidance includes workforce bonuses as an example of ineligible expenses but provides that hazard pay would be eligible if otherwise determined to be a necessary expense. Is there a specific definition of “hazard pay”? Hazard pay means additional pay for performing hazardous duty or work involving physical hardship, in each case that is related to COVID-19. 30. The Guidance provides that ineligible expenditures include “[p]ayroll or benefits expenses for employees whose work duties are not substantially dedicated to mitigating or responding to the COVID-19 public health emergency.” Is this intended to relate only to public employees? Yes. This particular nonexclusive example of an ineligible expenditure relates to public employees. A recipient would not be permitted to pay for payroll or benefit expenses of private employees and any financial assistance (such as grants or short-term loans) to private employers are not subject to the restriction that the private employers’ employees must be substantially dedicated to mitigating or responding to the COVID-19 public health emergency. 31. May counties pre-pay with CARES Act funds for expenses such as a one or two-year facility lease, such as to house staff hired in response to COVID-19? A government should not make prepayments on contracts using payments from the Fund to the extent that doing so would not be consistent with its ordinary course policies and procedures. 32. Must a stay-at-home order or other public health mandate be in effect in order for a government to provide assistance to small businesses using payments from the Fund? No. The Guidance provides, as an example of an eligible use of payments from the Fund, expenditures related to the provision of grants to small businesses to reimburse the costs of business interruption caused by required closures. Such assistance may be provided using amounts received from the Fund in the absence of a requirement to close businesses if the relevant government determines that such expenditures are necessary in response to the public health emergency. 292 292 7 33. Should States receiving a payment transfer funds to local governments that did not receive payments directly from Treasury? Yes, provided that the transferred funds are used by the local government for eligible expenditures under the statute. To facilitate prompt distribution of Title V funds, the CARES Act authorized Treasury to make direct payments to local governments with populations in excess of 500,000, in amounts equal to 45% of the local government’s per capita share of the statewide allocation. This statutory structure was based on a recognition that it is more administratively feasible to rely on States, rather than the federal government, to manage the transfer of funds to smaller local governments. Consistent with the needs of all local governments for funding to address the public health emergency, States should transfer funds to local governments with populations of 500,000 or less, using as a benchmark the per capita allocation formula that governs payments to larger local governments. This approach will ensure equitable treatment among local governments of all sizes. For example, a State received the minimum $1.25 billion allocation and had one county with a population over 500,000 that received $250 million directly. The State should distribute 45 percent of the $1 billion it received, or $450 million, to local governments within the State with a population of 500,000 or less. 34. May a State impose restrictions on transfers of funds to local governments? Yes, to the extent that the restrictions facilitate the State’s compliance with the requirements set forth in section 601(d) of the Social Security Act outlined in the Guidance and other applicable requirements such as the Single Audit Act, discussed below. Other restrictions, such as restrictions on reopening that do not directly concern the use of funds, are not permissible. 35. If a recipient must issue tax anticipation notes (TANs) to make up for tax due date deferrals or revenue shortfalls, are the expenses associated with the issuance eligible uses of Fund payments? If a government determines that the issuance of TANs is necessary due to the COVID-19 public health emergency, the government may expend payments from the Fund on the interest expense payable on TANs by the borrower and unbudgeted administrative and transactional costs, such as necessary payments to advisors and underwriters, associated with the issuance of the TANs. 36. May recipients use Fund payments to expand rural broadband capacity to assist with distance learning and telework? Such expenditures would only be permissible if they are necessary for the public health emergency. The cost of projects that would not be expected to increase capacity to a significant extent until the need for distance learning and telework have passed due to this public health emergency would not be necessary due to the public health emergency and thus would not be eligible uses of Fund payments. 37. Are costs associated with increased solid waste capacity an eligible use of payments from the Fund? Yes, costs to address increase in solid waste as a result of the public health emergency, such as relates to the disposal of used personal protective equipment, would be an eligible expenditure. 293 293 8 38. May payments from the Fund be used to cover across-the-board hazard pay for employees working during a state of emergency? No. Hazard pay means additional pay for performing hazardous duty or work involving physical hardship, in each case that is related to COVID-19. Payments from the fund may only be used to cover such hazard pay. 39. May Fund payments be used for expenditures related to the administration of Fund payments by a State, territorial, local, or Tribal government? Yes, if the administrative expenses represent an increase over previously budgeted amounts and are limited to what is necessary. For example, a State may expend Fund payments on necessary administrative expenses incurred with respect to a new grant program established to disburse amounts received from the Fund. 40. May recipients use Fund payments to provide loans? Yes, if the loans otherwise qualify as eligible expenditures under section 601(d) of the Social Security Act as implemented by the Guidance. Any amounts repaid by the borrower before December 30, 2020, must be either returned to Treasury upon receipt by the unit of government providing the loan or used for another expense that qualifies as an eligible expenditure under section 601(d) of the Social Security Act. Any amounts not repaid by the borrower until after December 30, 2020, must be returned to Treasury upon receipt by the unit of government lending the funds. 41. May Fund payments be used for expenditures necessary to prepare for a future COVID-19 outbreak? Fund payments may be used only for expenditures necessary to address the current COVID-19 public health emergency. For example, a State may spend Fund payments to create a reserve of personal protective equipment or develop increased intensive care unit capacity to support regions in its jurisdiction not yet affected, but likely to be impacted by the current COVID-19 pandemic. 42. May funds be used to satisfy non-federal matching requirements under the Stafford Act? Yes, payments from the Fund may be used to meet the non-federal matching requirements for Stafford Act assistance, including FEMA’s Emergency Management Performance Grant (EMPG) and EMPG Supplemental programs, to the extent such matching requirements entail COVID-19-related costs that otherwise satisfy the Fund’s eligibility criteria and the Stafford Act. Regardless of the use of Fund payments for such purposes, FEMA funding is still dependent on FEMA’s determination of eligibility under the Stafford Act. 43. Must a State, local, or tribal government require applications to be submitted by businesses or individuals before providing assistance using payments from the Fund? Governments have discretion to determine how to tailor assistance programs they establish in response to the COVID-19 public health emergency. However, such a program should be structured in such a manner as will ensure that such assistance is determined to be necessary in response to the COVID-19 public health emergency and otherwise satisfies the requirements of the CARES Act and other applicable law. For example, a per capita payment to residents of a particular jurisdiction without an assessment of individual need would not be an appropriate use of payments from the Fund. 294 294 9 44. May Fund payments be provided to non-profits for distribution to individuals in need of financial assistance, such as rent relief? Yes, non-profits may be used to distribute assistance. Regardless of how the assistance is structured, the financial assistance provided would have to be related to COVID-19. 45. May recipients use Fund payments to remarket the recipient’s convention facilities and tourism industry? Yes, if the costs of such remarketing satisfy the requirements of the CARES Act. Expenses incurred to publicize the resumption of activities and steps taken to ensure a safe experience may be needed due to the public health emergency. Expenses related to developing a long-term plan to reposition a recipient’s convention and tourism industry and infrastructure would not be incurred due to the public health emergency and therefore may not be covered using payments from the Fund. 46. May a State provide assistance to farmers and meat processors to expand capacity, such to cover overtime for USDA meat inspectors? If a State determines that expanding meat processing capacity, including by paying overtime to USDA meat inspectors, is a necessary expense incurred due to the public health emergency, such as if increased capacity is necessary to allow farmers and processors to donate meat to food banks, then such expenses are eligible expenses, provided that the expenses satisfy the other requirements set forth in section 601(d) of the Social Security Act outlined in the Guidance. 47. The guidance provides that funding may be used to meet payroll expenses for public safety, public health, health care, human services, and similar employees whose services are substantially dedicated to mitigating or responding to the COVID-19 public health emergency. May Fund payments be used to cover such an employee’s entire payroll cost or just the portion of time spent on mitigating or responding to the COVID-19 public health emergency? As a matter of administrative convenience, the entire payroll cost of an employee whose time is substantially dedicated to mitigating or responding to the COVID-19 public health emergency is eligible, provided that such payroll costs are incurred by December 30, 2020. An employer may also track time spent by employees related to COVID-19 and apply Fund payments on that basis but would need to do so consistently within the relevant agency or department. 48. May Fund payments be used to cover increased administrative leave costs of public employees who could not telework in the event of a stay at home order or a case of COVID-19 in the workplace? The statute requires that payments be used only to cover costs that were not accounted for in the budget most recently approved as of March 27, 2020. As stated in the Guidance, a cost meets this requirement if either (a) the cost cannot lawfully be funded using a line item, allotment, or allocation within that budget or (b) the cost is for a substantially different use from any expected use of funds in such a line item, allotment, or allocation. If the cost of an employee was allocated to administrative leave to a greater extent than was expected, the cost of such administrative leave may be covered using payments from the Fund. 295 295 10 49. Are States permitted to use Coronavirus Relief Fund payments to satisfy non-federal matching requirements under the Stafford Act, including “lost wages assistance” authorized by the Presidential Memorandum on Authorizing the Other Needs Assistance Program for Major Disaster Declarations Related to Coronavirus Disease 2019 (August 8, 2020)? Yes. As previous guidance has stated, payments from the Fund may be used to meet the non-federal matching requirements for Stafford Act assistance to the extent such matching requirements entail COVID-19-related costs that otherwise satisfy the Fund’s eligibility criteria and the Stafford Act. States are fully permitted to use payments from the Fund to satisfy 100% of their cost share for lost wages assistance recently made available under the Stafford Act. If a State makes a payment to an individual under the “lost wages assistance” program and later determines that such individual was ineligible for the program, the ineligibility determination has the following consequences: • The State incurs an obligation to FEMA in the amount of the payment to the ineligible individual. A State’s obligation to FEMA for making an improper payment to an individual under the “lost wages assistance” program is not incurred due to the public health emergency and, therefore, payments made pursuant to this obligation would not be an eligible use of the Fund. • The “lost wages assistance” payment to the ineligible individual would be deemed to be an ineligible expense for purposes of the Fund, and any amount charged to the Fund (e.g., to satisfy the initial non-federal matching requirement) would be subject to recoupment. 50. At what point would costs be considered to be incurred in the case of a grant made by a State, local, or tribal government to cover interest and principal amounts of a loan, such as might be provided as part of a small business assistance program in which the loan is made by a private institution? A grant made to cover interest and principal costs of a loan, including interest and principal due after the period that begins on March 1, 2020, and ends on December 30, 2020 (the “covered period”), will be considered to be incurred during the covered period if (i) the full amount of the loan is advanced to the borrower within the covered period and (ii) the proceeds of the loan are used by the borrower to cover expenses incurred during the covered period. In addition, if these conditions are met, the amount of the grant will be considered to have been used during the covered period for purposes of the requirement that expenses be incurred within the covered period. Such a grant would be analogous to a loan provided by the Fund recipient itself that incorporates similar loan forgiveness provisions. As with any other assistance provided by a Fund recipient, such a grant would need to be determined by the recipient to be necessary due to the public health emergency. 51. If governments use Fund payments as described in the Guidance to establish a grant program to support businesses, would those funds be considered gross income taxable to a business receiving the grant under the Internal Revenue Code (Code)? Please see the answer provided by the Internal Revenue Service (IRS) available at https://www.irs.gov/newsroom/cares-act-coronavirus-relief-fund-frequently-asked-questions. 52. If governments use Fund payments as described in the Guidance to establish a loan program to support businesses, would those funds be considered gross income taxable to a business receiving the loan under the Code? Please see the answer provided by the IRS available at https://www.irs.gov/newsroom/cares-act- coronavirus-relief-fund-frequently-asked-questions. 296 296 11 53. May Fund recipients incur expenses associated with the safe reopening of schools? Yes, payments from the Fund may be used to cover costs associated with providing distance learning (e.g., the cost of laptops to provide to students) or for in-person learning (e.g., the cost of acquiring personal protective equipment for students attending schools in-person or other costs associated with meeting Centers for Disease Control guidelines). Treasury recognizes that schools are generally incurring an array of COVID-19-related expenses to either provide distance learning or to re-open. To this end, as an administrative convenience, Treasury will presume that expenses of up to $500 per elementary and secondary school student are eligible expenditures, such that schools do not need to document the specific use of funds up to that amount. If a Fund recipient avails itself of the presumption in accordance with the previous paragraph with respect to a school, the recipient may not also cover the costs of additional re-opening aid to that school other than those associated with the following, in each case for the purpose of addressing COVID-19: • expanding broadband capacity; • hiring new teachers; • developing an online curriculum; • acquiring computers and similar digital devices; • acquiring and installing additional ventilation or other air filtering equipment; • incurring additional transportation costs; or • incurring additional costs of providing meals. Across all levels of government, the presumption is limited to $500 per student, e.g., if a school is funded by a state and a local government, the presumption claimed by each recipient must add up to no more than $500. Furthermore, if a Fund recipient uses the presumption with respect to a school, any other Fund recipients providing aid to that school may not use the Fund to cover the costs of additional aid to schools other than with respect to the specific costs listed above. The following examples help illustrate how the presumption may or may not be used: Example 1: State A may transfer Fund payments to each school district in the State totaling $500 per student. State A does not need to document the specific use of the Fund payments by the school districts within the State. Example 2: Suppose State A from example 1 transferred Fund payments to the school districts in the State in the amount of $500 per elementary and secondary school student. In addition, because State A is availing itself of the $500 per elementary and secondary school student presumption, State A also may use Fund payments to expand broadband capacity and to hire new teachers, but it may not use Fund payments to acquire additional furniture. 54. May Fund recipients upgrade critical public health infrastructure, such as providing access to running water for individuals and families in rural and tribal areas to allow them to maintain proper hygiene and defend themselves against the virus? Yes, fund recipients may use payments from the Fund to upgrade public health infrastructure, such as providing individuals and families access to running water to help reduce the further spread of the virus. As required by the CARES Act, expenses associated with such upgrades must be incurred by 297 297 12 December 30, 2020. Please see Treasury’s Guidance as updated on June 30 regarding when a cost is considered to be incurred for purposes of the requirement that expenses be incurred within the covered period. 55. How does a government address the requirement that the allowable expenditures are not accounted for in the budget most recently approved as of March 27, 2020, once the government enters its new budget year on July 1, 2020 (for governments with June 30 fiscal year ends) or October 1, 2020 (for governments with September 30 year ends)? As provided in the Guidance, the “most recently approved” budget refers to the enacted budget for the relevant fiscal period for the particular government, without taking into account subsequent supplemental appropriations enacted or other budgetary adjustments made by that government in response to the COVID-19 public health emergency. A cost is not considered to have been accounted for in a budget merely because it could be met using a budgetary stabilization fund, rainy day fund, or similar reserve account. Furthermore, the budget most recently approved as of March 27, 2020, provides the spending baseline against which expenditures should be compared for purposes of determining whether they may be covered using payments from the Fund. This spending baseline will carry forward to a subsequent budget year if a Fund recipient enters a different budget year between March 27, 2020 and December 30, 2020. The spending baseline may be carried forward without adjustment for inflation. 56. Does the National Environmental Policy Act, 42 U.S.C. § 4321 et seq, (NEPA) apply to projects supported by payments from the Fund? NEPA does not apply to Treasury’s administration of the Fund. Projects supported with payments from the Fund may still be subject to NEPA review if they are also funded by other federal financial assistance programs 57. Public universities have incurred expenses associated with providing refunds to students for education-related expenses, including tuition, room and board, meal plans, and other fees (such as activities fees). Are these types of public university student refunds eligible uses of Fund payments? If the responsible government official determines that expenses incurred to refund eligible higher education expenses are necessary and would be incurred due to the public health emergency, then such expenses would be eligible as long as the expenses satisfy the other criteria set forth in section 601(d) of the Social Security Act. Eligible higher education expenses may include, in the reasonable judgment of the responsible government official, refunds to students for tuition, room and board, meal plan, and other fees (such as activities fees). Fund payments may not be used for expenses that have been or will be reimbursed by another federal program (including, for example, the Higher Education Emergency Relief Fund administered by the Department of Education). 58. May payments from the Fund be used for real property acquisition and improvements and to purchase equipment to address the COVID-19 public health emergency? The expenses of acquiring or improving real property and of acquiring equipment (e.g., vehicles) may be covered with payments from the Fund in certain cases. For example, Treasury’s initial guidance referenced coverage of the costs of establishing temporary public medical facilities and other measures to increase COVID-19 treatment capacity, including related construction costs, as an eligible use of funds. Any such use must be consistent with the requirements of section 601(d) of the Social Security Act as added by the CARES Act. 298 298 13 As with all uses of payments from the Fund, the use of payments to acquire or improve property is limited to that which is necessary due to the COVID-19 public health emergency. In the context of acquisitions of real estate and acquisitions of equipment, this means that the acquisition itself must be necessary. In particular, a government must (i) determine that it is not able to meet the need arising from the public health emergency in a cost-effective manner by leasing property or equipment or by improving property already owned and (ii) maintain documentation to support this determination. Likewise, an improvement, such as the installation of modifications to permit social distancing, would need to be determined to be necessary to address the COVID-19 public health emergency. Previous guidance regarding the requirement that payments from the Fund may only be used to cover costs that were incurred during the period that begins on March 1, 2020, and ends on December 30, 2020 focused on the acquisition of goods and services and leases of real property and equipment, but the same principles apply to acquisitions and improvements of real property and acquisitions of equipment. Such acquisitions and improvements must be completed and the acquired or improved property or acquisition of equipment be put to use in service of the COVID-19-related use for which it was acquired or improved by December 30. Finally, as with all costs covered with payments from the Fund, such costs must not have been previously accounted for in the budget most recently approved as of March 27, 2020. 59. If a small business received a Small Business Administration (SBA) Payment Protection Program (PPP) or Economic Injury Disaster Loan (EIDL) grant or loan due to COVID-19, may the small business also receive a grant from a unit of government using payments from the Fund? Receiving a PPP or EIDL grant or loan for COVID-19 would not necessarily make a small business ineligible to receive a grant from Fund payments made to a recipient. As discussed in previous Treasury guidance on use of the Fund, a recipient’s small business assistance program should be tailored to assist those businesses in need of such assistance. In assessing the business’ need for assistance, the recipient would need to take into account the business’ receipt of the PPP or EIDL loan or grant. If the business has received a loan from the SBA that may be forgiven, the recipient should assume for purposes of determining the business’ need that the loan will be forgiven. In determining the business’ eligibility for the grant, the recipient should not rely on self-certifications provided to the SBA. If the grant is being provided to the small business to assist with particular expenditures, the business must not have already used the PPP or EIDL loan or grant for those expenditures. The assistance provided from the Fund would need to satisfy all of the other requirements set forth in section 601(d) of the Social Security Act as discussed in Treasury’s guidance and FAQs, and the business would need to comply with all applicable requirements of the PPP or EIDL program. Treasury’s Office of Inspector General has provided the following guidance in its FAQ no. 65 on reporting and recordkeeping that would apply to the recipient: The prime recipient is responsible for determining the level and detail of documentation needed from the sub-recipient of small business assistance to satisfy [the requirements of section 601(d) of the Social Security Act], however, there would need to be some proof that the small business was impacted by the public health emergency and was thus eligible for the CRF funds. In the above OIG FAQ, “sub-recipient” refers to the beneficiary of the assistance, i.e., the small business. 299 299 14 B. Questions Related to Administration of Fund Payments 1. Do governments have to return unspent funds to Treasury? Yes. Section 601(f)(2) of the Social Security Act, as added by section 5001(a) of the CARES Act, provides for recoupment by the Department of the Treasury of amounts received from the Fund that have not been used in a manner consistent with section 601(d) of the Social Security Act. If a government has not used funds it has received to cover costs that were incurred by December 30, 2020, as required by the statute, those funds must be returned to the Department of the Treasury. 2. What records must be kept by governments receiving payment? A government should keep records sufficient to demonstrate that the amount of Fund payments to the government has been used in accordance with section 601(d) of the Social Security Act. 3. May recipients deposit Fund payments into interest bearing accounts? Yes, provided that if recipients separately invest amounts received from the Fund, they must use the interest earned or other proceeds of these investments only to cover expenditures incurred in accordance with section 601(d) of the Social Security Act and the Guidance on eligible expenses. If a government deposits Fund payments in a government’s general account, it may use those funds to meet immediate cash management needs provided that the full amount of the payment is used to cover necessary expenditures. Fund payments are not subject to the Cash Management Improvement Act of 1990, as amended. 4. May governments retain assets purchased with payments from the Fund? Yes, if the purchase of the asset was consistent with the limitations on the eligible use of funds provided by section 601(d) of the Social Security Act. 5. What rules apply to the proceeds of disposition or sale of assets acquired using payments from the Fund? If such assets are disposed of prior to December 30, 2020, the proceeds would be subject to the restrictions on the eligible use of payments from the Fund provided by section 601(d) of the Social Security Act. 6. Are Fund payments to State, territorial, local, and tribal governments considered grants? No. Fund payments made by Treasury to State, territorial, local, and Tribal governments are not considered to be grants but are “other financial assistance” under 2 C.F.R. § 200.40. 7. Are Fund payments considered federal financial assistance for purposes of the Single Audit Act? Yes, Fund payments are considered to be federal financial assistance subject to the Single Audit Act (31 U.S.C. §§ 7501-7507) and the related provisions of the Uniform Guidance, 2 C.F.R. § 200.303 regarding internal controls, §§ 200.330 through 200.332 regarding subrecipient monitoring and management, and subpart F regarding audit requirements. 300 300 15 8. Are Fund payments subject to other requirements of the Uniform Guidance? Fund payments are subject to the following requirements in the Uniform Guidance (2 C.F.R. Part 200): 2 C.F.R. § 200.303 regarding internal controls, 2 C.F.R. §§ 200.330 through 200.332 regarding subrecipient monitoring and management, and subpart F regarding audit requirements. 9. Is there a Catalog of Federal Domestic Assistance (CFDA) number assigned to the Fund? Yes. The CFDA number assigned to the Fund is 21.019. 10. If a State transfers Fund payments to its political subdivisions, would the transferred funds count toward the subrecipients’ total funding received from the federal government for purposes of the Single Audit Act? Yes. The Fund payments to subrecipients would count toward the threshold of the Single Audit Act and 2 C.F.R. part 200, subpart F re: audit requirements. Subrecipients are subject to a single audit or program-specific audit pursuant to 2 C.F.R. § 200.501(a) when the subrecipients spend $750,000 or more in federal awards during their fiscal year. 11. Are recipients permitted to use payments from the Fund to cover the expenses of an audit conducted under the Single Audit Act? Yes, such expenses would be eligible expenditures, subject to the limitations set forth in 2 C.F.R. § 200.425. 12. If a government has transferred funds to another entity, from which entity would the Treasury Department seek to recoup the funds if they have not been used in a manner consistent with section 601(d) of the Social Security Act? The Treasury Department would seek to recoup the funds from the government that received the payment directly from the Treasury Department. State, territorial, local, and Tribal governments receiving funds from Treasury should ensure that funds transferred to other entities, whether pursuant to a grant program or otherwise, are used in accordance with section 601(d) of the Social Security Act as implemented in the Guidance. 13. What are the differences between a subrecipient and a beneficiary under the Fund for purposes of the Single Audit Act and 2 C.F.R. Part 200, Subpart F regarding audit requirements? The Single Audit Act and 2 C.F.R. Part 200, Subpart F regarding audit requirements apply to any non-federal entity, as defined in 2 C.F.R. 200.69, that receives payments from the Fund in the amount of $750,000 or more. Non-federal entities include subrecipients of payments from the Fund, including recipients of transfers from a State, territory, local government, or tribal government that received a payment directly from Treasury. However, subrecipients would not include individuals and organizations (e.g., businesses, non-profits, or educational institutions) that are beneficiaries of an assistance program established using payments from the Fund. The Single Audit Act and 2 C.F.R. Part 200, Subpart F regarding audit requirements do not apply to beneficiaries. Please see Treasury Office of Inspector General FAQs at https://www.treasury.gov/about/organizational- structure/ig/Audit%20Reports%20and%20Testimonies/OIG-CA-20-028.pdf regarding reporting in the GrantSolutions portal. 301 301