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HomeMy WebLinkAbout02-22-2022 Planning Commission Packet SWAT� Agenda Planning Commission Meeting Tuesday,February 22, 2022, 6:00 P.M. • tiF G: Orono Council Chambers,2780 Kelley Parkway, Orono,MN 55356 iktswo ' 952-249-4600/www.ci.orono.mn.us Audience Members: Memos regarding each of the Agenda items are available on the City website (www.ci.orono.mn.us) in Agendas Minutes & Videos and in the Public Packet—located in the lobby near the entrance. • Applicants will be asked to move to the lectern to answer questions after staff presents the application. The Planning Commission is an advisory body to the City Council. If action is taken on any items on this agenda, they will be scheduled for an upcoming City Council meeting. A quorum of the City Council may be in attendance of a Planning Commission meeting to hear comments made, though no action or deliberation of the Council will occur. Council Representative: Dennis Walsh Pledge of Allegiance Approval of Agenda Approval of Minutes: January 18, 2022 Public Hearings: 1. LA21-000076 Yardscapes, Inc. - Lincoln Danforth, 1720 Bohns Point Road, requests hardcover and 75-foot lakeyard setback variances to allow the reconstruction of a retaining wall. (Staff: Laura Oakden) 2. LA22-000001 Tim & Leslie Oare and John & Michele Abbott, 2941 Casco Point Road and 2967 Casco Point Road, request hardcover variances, a lot area variance for a guest house, and a Conditional • Use Permit for a guest house as part of a boundary line adjustment and lot combination of the property at 2965 Casco Point Road. (Staff: Melanie Curtis) 3. LA22-000005 Charles Welf, 2590 Watertown Road, requests a front yard setback variance for a home addition. (Staff: Laura Oakden) 4. LA22-000007 Alma Homes, LLC, 65 Stubbs Bay Road North, requests lot area and lot width variances, side yard setback and front yard setback variances in order to construct a new home. (Staff: Melanie Curtis) Other Business: 5. LA22-000002 Jim Hillier, 1245 Arbor Street, Subdivision, Sketch Plan. (Staff: Jeremy Barnhart) 6. Update on February 14, 2022 City Council meeting Adjourn Planning Commission Liaison to Monday, March 14, 2022 City Council meeting: Jon Ressler • Sign up for email notifications at www.ci.orono.mn.us—follow links for Stay Connected & Email Notification MINUTES OF THE ORONO PLANNING COMMISSION Tuesday,January 18,2022 6:00 o'clock p.m. ROLL CALL The Orono Planning Commission met on the above-mentioned date with the following members present: Vice Chair Jon Ressler,Mark McCutcheon,Bob Erickson,Alternate Dave Peterson. Chair Scott Kirchner and Commissioners Chris Bollis,Dennis Libby,Matt Gettman were absent. Representing Staff were Community Development Director Jeremy Barnhart,City Planner Melanie Curtis,and City Planner Laura Oakden. Vice Chair Ressler called the meeting to order at 6:00 p.m., followed by the Pledge of Allegiance. APPROVAL OF AGENDA McCutcheon moved,Erickson seconded,to approve the Agenda.VOTE: Ayes 4,Nays 0. APPROVAL OF PLANNING COMMISSION MEETING MINUTES OF NOVEMBER 15,2021 McCutcheon moved,Peterson seconded,to approve the minutes of the Orono Planning Commission meeting of November 15,2021.VOTE:Ayes 4,Nays 0. PUBLIC HEARINGS Vice Chair Ressler noted the Applicant for item 2,LA21-000077 has asked for the item to be tabled.He noted many people are present this evening for public hearing on the item so the Planning Commission will allow public comment so those present do not have to come back another time to speak. 1. LA21-000071 PAUL TAUTON,3600 IVY PLACE,CONDITIONAL USE PERMIT(CUP) Paul Tauton,Applicant,was present. Staff presented a summary packet of information.Ms. Oakden noted the Applicant is looking for a CUP for a structure in the floodplain to install a permanent dock. The Lake Minnetonka Conservation District (LMCD)regulates docks on the lake and they have not yet issued a permit.However the proposed dock will extend 40 feet off the shore and the LMCD is working with the Applicant at this time.An updated layout was emailed to Commissioners and published to the website earlier in the day,along with public comment received.Per City code permanent docks may be allowed with a CUP following the standards and procedures set forth by the code. Staff recommends approval of this CUP for construction of the proposed permanent dock subject to the following conditions: 1. The dock may be allowed as long as it continues to be permitted by the LMCD and DNR and is in conformity with the rules and regulations of those agencies,and 2. The dock is not to be used for commercial purposes or rented. McCutcheon asked with the dock to the south,is there room for this new proposed dock. Oakden noted the location of the dock is something the LMCD will review and they are coordinating with the Applicant regarding lake depths and location. Paul Tauton,3600 Casco Point,noted he is present and available for questions. Page 1 of 11 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday,January 18,2022 6:00 o'clock p.m. Chair Ressler opened the public hearing at 6:09 p.m. Jay Nygard, 1386 Rest Point Road,does not have a problem with the application but he does not understand why they are before the City Council this evening.He knows there is a teeny bit of the dock that might be attached to the shore and it seems silly to him. The LMCD regulates docks on the lake and should issue the permit for the dock. He noted they are making Mr. Tauton go through a double process for no reason and the overregulating seems silly.It hearkens him back to"Nancy the dock lady"whom the City prosecuted a few years ago for renting out a single space so she could pay her taxes and stay in the family home; she had to go through two different criminal charges over that and it makes no sense to him. They should be encouraging people to stay in the City and should not be overregulating.He noted this does not fall under a conditional use because everyone on the lake gets to have a dock.He thinks things like this have to go away. Chair Ressler closed the public hearing at 6:11 p.m. McCutcheon moved,Peterson seconded,to approve LA21-000071,3600 Ivy Place,Conditional Use Permit(CUP).VOTE: Ayes: 4,Nays 0. 2. LA21-000077 PKA ARCHITECTURE OB/O LONG LAKE ROWING CREW AND THE CITY OF ORONO,455 EAST LONG LAKE ROAD(SUMMIT BEACH PARK), CONDITIONAL USE PERMIT AND TEXT AMENDMENT. Ms. Curtis noted that the Applicant requested the item be tabled tonight;therefore Staff recommends the Planning Commission receive any public comment and table the application. The Applicant will have an opportunity to review the comments and make adjustments to their plans to be reviewed at a future meeting and when appropriate a notice will be published,posted,and mailed prior to the next public hearing date for the item. Chair Kirchner opened the public hearing at 6:15 p.m. Elizabeth Weir, 765 Bridgewater Drive,brought a document from Hennepin County which she thinks relates to Summit Park,signed February 21, 1980 by Doug and Virginia Dayton. She read a portion of the document saying: No structure shall be constructed, erected, or placed upon, above, or beneath the land including without limitation,principle or accessory buildings,fireplaces, steps, docks,piers, hardcover, or roads of any nature whatsoever, or any other structure or improvement inconsistent with the natural state of the land. Ms. Weir hopes this relates to Summit Park and thinks the Planning Commission should consider if it is appropriate to give donated land for public use to a private entity. Eleanor Winston,765 Springhill Road,brought a letter that Brandt Dayton wrote and read it aloud: Dear Mayor Walsh and members of the Orono City Council and Planning Commission, Page 2 of 11 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday,January 18,2022 6:00 o'clock p.m. My siblings, Governor Mark Dayton, Lucy Dayton,Ann Dayton, and myself are the children of Bruce Dayton. I have consulted with all of them today and am writing on behalf of the four of us. We are dismayed to hear that the property our father gave to the City of Orono in 1978 called Summit Park is in danger of being developed It is particularly disconcerting to think that the 72-hour notice of the hearing over this development is being rushed over a holiday weekend as if to slip it by public notice and discussion. In quite a different spirit, Bruce Dayton spent many decades preserving the simple bucolic beauty of the east side of Long Lake.I am a man of 72 and from my earliest days accompanied my father on walks and rides along East Long Lake Road(then a dirt road), he would tell me of his vision to preserve the end of the lake in all its natural simplicity. He felt it was so special that there were no houses or structures at that end of the lake and thus it was in unusually well-preserved condition for a lake so close to Minneapolis. He had the vision of keeping it that way for future generations. My father proceeded to go calling over many years on all of his neighbors, many of whom were his friends, who owned land along East Long Lake Road, to persuade them of the benefit to the people of Orono of preserving this end of the lake in perpetuity. With some of these neighbors it took years to get them to agree to put easements on the parks of their land along the lake so they would not be developed with structures.I went with my father on some of the meetings with these neighbors. In the case of the Kohls family, he convinced them to contribute their house and property to the creation of Spring Hill Conference Center, a public spirit adventure of its own. But his actual underlying motive with the creation of Spring Hill was to preserve the Kohls land along East Long Lake and prevent its development. Finally Bruce Dayton had the opportunity to purchase the Valerius Resort on the side of Summit Park. This resort had a bit of a shady reputation and Dad was relieved to be able to rid the neighborhood of it. He took great joy in removing the buildings on this last key property to create a continuous stretch of open space along East Long Lake Road and the shore of the lake. Dad loved the fact that East Long Lake was now preserved in a natural and serene state for use by the general public. When he gave the land for Summit Park to the City of Orono he was particularly pleased that the spot would be used by all the public of Orono for a simple swimming hole and picnic area. He felt that these uses were in keeping with the natural beauty and quiet of East Long Lake which he had worked carefully and long to preserve. We feel that Bruce Dayton would never have chosen to have this park developed for use by any particular group other than the general public.Also, he would have objected strongly to any structure on this land, given that his whole vision was to remove and prevent all buildings of any kind along that end of the lake. The proposed development before you is out of keeping with the philanthropic intention of his gift for maximum conservation of natural beauty and general public use. Dad was a devoted citizen of Orono and trusted the City of Orono to protect the best interests of its local general public better than anyone. He was very pleased to have made a gift directly to Orono as he loved the corner of the world where he lived and wanted to keep it a quiet, beautiful place everyone would enjoy. We respectfully ask that you not approve this development as it is out of keeping with the intention of our father's very generous and far- sighted original gift. Sincerely yours, Brandt Dayton Ms. Winston stated she had been a neighbor of the Dayton's for almost 80 years and knew them well. She totally agrees with what Brandt has to say and is glad to read his letter. Tom Bergstrom, 1509 Long Lake Boulevard,begged and pleaded with the Long Lake Rowing Club (LLRC)on Friday,Monday,and today to table this matter to connect with the public.Instead,they stole him, as a father,for the entire weekend to understand what is 520 pages of information to then have them at the last minute adhere to tabling the issue.He read a speech saying: I am here today because I stand up for a park that can't speak for itself. I stand up for a public which hadn't been informed or given time to properly understand these 20+ exhibits and more than 500 pages Page 3 of 11 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday,January 18,2022 6:00 o'clock p.m. worth of information that were only available one business day prior to today. I am here because the LLRC's application does not comply with City and State ordinances, and both for the CUP and the hardcover variances. I am here today because the public clearly has concerns. I am here today because you have been blatantly misled by the LLRC.As a community member I am outraged by the lack of transparency by the LLRC regarding this proposal as it has been sold to us as a public-private partnership. On the July 27, 2020 Planning Commission, they moved and voted to seek a broader set of community input and that the Park Commission should have a role in that. The fact is, the LLRC has not engaged in a single meeting in over two years with the community. The LLRC blatantly misleads us on their narrative report that they have hosted numerous community events getting feedback from the community. I personally met(via Zoom) with both Rob and Amy from the LLRC on Friday morning requesting that they push back tonight's meeting by 30 days so they could hold a public Q&A. The response from Rob was the strategy has been and will continue to be that the LLRC is an organization that will operate independently and we are following all the City protocols for moving this protect forward and will not be holding a public Q&A and will not be moving the meeting.It is shameful to say that this is a public-private partnership. Summit Beach Park was graciously donated by the Dayton family to the City or Orono 40 years ago. We know regarding the adjoining easement from the Daytons that their family's intentions with these public donations were to keep them in a natural state,fully accessible to the public. Their easement on this adjoining donation specifically mentions no buildings, hardcovers, no earth can be moved, no trees can be cut down. What we now know as Summit Beach Park was given to the City of Orono in two separate donations by the Daytons. Unfortunately, most likely due to a record not being properly recorded or a record being lost, we do not have an official easement section from Summit Beach Park that the LLRC wishes to build on their club house. We do know after speaking to the former mayor of Orono, Lou Oberhauser, who said today that the donor's desire was that the property and the beach was to be kept as a neighborhood asset and to not be improved. His belief that Bruce Dayton, who he personally spoke with, was that keeping the area undeveloped would be an asset to the residents in this immediate area and he was concerned that improving the area would be detrimental to the neighborhood. This information comes directly from a person who dealt with Bruce Dayton during these donations. Do not believe for one second that the Dayton's intentions would have wanted this land to be built upon, no less by an organization to build a private club house. It is truly unbelievable that the LLRC, a non-profit organization, one that relies on private donors would have the nerve to attempt to redirect a deceased donor's contribution from the people of Orono. Let's talk about this members-only private club house because that is what it is.It is not a public building. If it was public, the public would have daily or near-daily accessibility to its amenities. Sadly, the indoor space on this proposal would have less than 1%accessibility to the public on a daily basis, which is a single-stall bathroom. But don't worry, the LLRC members won't need to use this bathroom because they would have plenty of access to their men's and women's locker rooms with multiple showers, multiple toilets, changing room, and lockers. The LLRC promises potential for community access to the building, a whole one day a month on their website which equates to 3%per year. Yes, the community can join the sport but keep in mind it is an extremely expensive sport that is outside the means of most community members. The community is concerned about the project and many are against the LLRC proposal.I started a Change.org proposal active on Saturday morning with over 100 people signing on the first day, 200 on Sunday, 350 on Monday, and over 550 on Tuesday evening. Rob,Amy, and I spoke about the hundreds of likes, shares, and posts on Nextdoor and Facebook regarding the public's concerns and questions about the LLRC's proposal. The LLRC was aware of the community's questions and concerns over the past 8 days but decided not to respond to a single question or concern. Once again, this would be shameful to call a public-private partnership. Frankly, I think it is unfathomable that the LLRC would request a variance on an ordinance that exists to help protect the very waters on which they row upon. I would strongly encourage the Planning Commission to deny any request of this nature. The LLRC had us here this Page 4 of 11 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday,January 18,2022 6:00 o'clock p.m. evening because they claim they need a permanent home. The fact is that they have a permanent home here within our community with over 50%of the members within the community. They are under no threat to lose their home, they have ample, safe, no-charge space to store their equipment, they have already afforded community members health benefits and a fun activity to join on Long Lake. Team members have learned how to be part of a team and how to do many successful things like winning competition and even earning scholarships.All this exists today with or without a club house. Please do not listen to any misinformation that they need a club house when what they really want is a private club house. They claim their equipment cannot be stored outside;I have reached out to boat manufacturers who have said it is perfectly fine to store them outside. I have connected with authors in regards to rowing equipment who also said it is totally fine to store them outside. I strongly caution the Planning Commission and the City Council to take the time to understand why this is not in our community's best interest and tonight, deny both applications. The Daytons left their legacy by leaving the public this park and the City of Orono as the guardians. Tonight,you decide to make your own legacy or to change the Dayton's. Larry Carlson has lived on Old Long Lake Road for 34 years. It was his honor and privilege to work for Bruce and Ruth Dayton as their caretaker and property manager for 26 of those years. They had many discussions about how to preserve the main property along Old Long Lake Road and how to keep it in its natural state.Through their vision and generosity it became Wood Rail Scientific and Nature Area and will remain undeveloped and enjoyed by all in perpetuity. In 1980 Bruce donated the Summit Beach property to the City of Orono and Mr. Carlson is convinced his vision for it is to remain as a natural space and more importantly for it to remain a public space. I cannot envision any scenario where he would view an 8,000 square foot private-entity building and a huge dock complex as maintaining natural and public spaces.Mr.Carlson read parts of a letter from Ron Bowen,the founder of Prairie Restorations,Inc.,and also a former employee: In my years of working at Wood Rail for Bruce, I came to know all his property very intimately. The property down on the lake has met with Bruce's vision of becoming a public space. It seems inappropriate to me that the space would now become available for a rowing facility as it would serve a relatively small number of people. This would not meet with Bruce's original vision. He was very fond of providing this outdoor amenity for all of the public. He did not have the vision that it would become a private rowing club. I hope you will seriously consider these factors and maintain an optimum amount of access to the general public. Much of it has been used for the last 40 years in this way and it should be maintained as it was intended. Sincerely, Ron Bowen Mr.Carlson does not view this as a case of"not in my backyard"but as a sincere desire to maintain an unfettered public space per Bruce's vision,generosity,and foresightedness. Sonja Lockman, 115 Luce Line Ridge,has studied and worked in the realm of human behavior since 1990.Today she has come to express her concern with what is a seeming pattern of the Council behaving in a manner that does not follow typical human behavior. Specifically there seems to be a pattern of giving away public land for the great benefit of a small, select,few,private organizations and their members. These people are often not even citizens paying taxes into or able to vote within the City of Orono. Indeed,the actions of the Council could create adverse impact to the environment and citizens of Orono and Long Lake. She keeps hearing the guise of public-private partnership as the reason for these actions.However,true public-private partnership creates notable, obvious benefit for both sides.Think of the Trump Administration providing funds and guaranteed orders to potential creators of urgently needed Covid vaccines or private companies that maintain segments of public roadways and receive a small toll Page 5 of 11 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday,January 18,2022 6:00 o'clock p.m. per car using them. In the case of both Summit Beach and Lowry Woods,the Council is going out of its way to go against the expressly-stated intent of the original land owners who donated land to Orono's care and preservation. They are bending over backwards to negate the basic contract of these properties, to violate the trust inherent in those land donations without any clear or apparent universal benefit to the citizens of Orono.That is not meeting a fiduciary responsibility. It is not preserving the environment. It is not to use the land in a manner intended in the donation. It only benefits a private organization with relatively small membership that often do not even live here. In the 2020 letters noting the for and against in the City's materials,of the 99 people who had registered themselves only 5 people were for this development who were also residents or Orono or Long Lake and also not members. 5%had no vested interest and still wanted this development to continue.In looking at LLRC's website it says they have benefitted up to 400 people. If one took only 7,000 residents of Orono not counting Long Lake, understanding that roughly half of all the people that benefit from the LLRC's business are actually residents,it means this company only benefits about 3.5%of the residents of Orono. This is also an issue that does not need such a fix.The LLRC can easily continue where they are in the commercial part of the lake,can secure and cover their equipment if they are so worried,and can house their equipment for the winter somewhere that is not on public property.There is no real problem needing a solution,no clear benefit to the majority of citizens,but there are clearly identifiable problems for the environment,for precedent,and for land-use originally intended by the land owners for something else.Human behavior just does not take those factors and give away the land for no good reason.That prompts the serious question of just what exactly is the Council gaining in exchange for these land giveaways because it is clearly not the general public of Orono that is gaining enough benefit to make this a clear or rational decision. Barbara Schmidt,50 Landmark Drive,read a letter: Dear Planning Commission, I am known as the "tree lady."I am the taxpayer that has been busy out trying to keep a local sports team off my private property and out of Bederwood, Big Woods, and the Lowry Woods Nature Conservation Area. Sound familiar? That is because it is nearly the same scenario as tonight. Someone in our City government hands over a piece of public property for development without including the neighbors or constituents in the process. Sound familiar?Orono public land is being taken for private gain.It is either being given away to become a personal asset or for private development, neither of which give all constituents access or benefit. In fact in most cases the constituents lose access to Lake Minnetonka and natural areas without any meaningful chance to be heard at all. Out of the hundreds of people I've met and the thousands of people I've heard on social media, no one wants Summit Beach to go to a single niche private activity. Not one person wants to lose this natural area as it is today to become a private club house.As our very own Mayor Dennis Walsh has said,preserving and maintaining Orono's open space is a priority that we cannot afford not to protect and keep maintained because once you lose it you never go back. When asked what are the most pressing issues for Orono, Councilmember Richard Crosby said: residential building growth while preserving open spaces and a historic feel for Orono. From Councilmember Victoria Seals:when looking at development in Orono, I, along with the City Council should look to the community and make sure our decisions not only fall in line with the laws in place but also with what the greater public wants. So now our City Council has taken a 180 degree turn and supports a private, niche sports team to dominate a favorite public beach. Summit Beach land value is somewhere worth between$2-2.5 million dollars on a conservative day. Where is the financial benefit for the public to give away their land? What does the average person gain?Please vote to table this for further input, table it so the environmental assessment can be done, table it because you work for us, the Page 6 of 11 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday,January 18,2022 6:00 o'clock p.m. constituents. Vote no for the history books. We know this is hard but we're with you all together now. Please do the right thing and vote to stop this private club from taking over Summit Beach. Ms. Schmidt stated she spent the entire morning at the Hennepin County Registrar's Office pulling documents and deeds for everyone. Someone emailed her a letter from March 30, 1978 from Bruce Dayton's attorney when this piece of land, Summit Beach,was given to the City: Mr. Dayton proposes an outright gift of the property to the City. This outright gift to the City will contain the necessary provisions to ensure that the land will be used for park purposes and that the land will be open to the general public without restrictions as to area of residency, race, or creed. Ms. Schmidt will print the letter and send to the City so it can be added to the record. Ellen Deutscher,308 Walker Avenue North,agrees with everything that has been said. She noted the road leading down is very narrow and two cars can barely pass one another. She kayaks while the rowing club is there and she sees 10-20 people at the same time and imagines one group coming and another going up and down that narrow road. If a family was going for a swim,the beach is very small,the water and grass areas are small,and then to have a big building on it...she does not understand practically how that will work.Where are people going to swim and not be hit by a boat?She has kayaked all over the lake and the area where they are looking for the docks is very shallow and will have to be a very long dock to get to a place that is not shallow. Alisa Benson, 1220 Lyman Avenue,has been a resident of Orono for about 14 years and moved here for the public schools and the beautiful natural setting.As a substitute teacher and parent, one thing that comes up a lot is the issue of fairness. One of her favorite quotes she has used in the classroom comes from Roald Dahl's book Charlie and the Chocolate Factory which is a book about chocolate yet also what it means to be a good citizen.In one of the famous exchanges several children are fighting and accusations are flying about some taking more than their fair share of candy. Mr.Wonka put an end to it with these words:"Everybody has had one, and one is enough for anybody."We teach kids from a very young age that taking more than what is fair is not the thing to do.Most have seen at some point a child taking fistfuls of candy that was not offered and like Mr. Wonka the impulse is to teach and model how to behave in the world. What they are talking about tonight is not candy but about children,about adults and seniors. It is about those who are here now and those who have come before. It is about what is imparted on children,not by"what we say,but by what we do."It is about values,ethics,stewardship,and community. It is about the story of our town and the neighboring communities to the north,west,east, and south. It is about the story of the landscape and the living waters within it,the history of this town and the stories that will be written about it today and into the future.When Mr. Dayton gifted Summit Beach Park to the City of Orono,he did it with confidence that the land would be protected.Trees,earth, boulders,and sand don't have dollar signs attached to them but nevertheless they are assets and they are timeless. Our City, its elected and appointed officials and its citizens are the collective stewards of these public assets and share the weight of the good faith promise made to Mr.Dayton and his family. This story is also about assets of a different kind,equipment that does have price tags attached and that is valuable to the people that use it.Ms.Benson held up a jar and said there are a hundred pieces of candy in this jar, she then emptied the jar on the podium and put one piece back. She asked the Commissioners to imagine that the community,its citizens,elected officials,and friends at the City of Long Lake are represented with the candy emptied on the podium. Ms. Benson removed the one remaining piece of candy from the jar and said that one piece represents the interest, involvement,members,and assets of the people who wrote the proposal being discussed tonight. While there has been a lot of talk about Page 7 of 11 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday,January 18,2022 6:00 o'clock p.m. community,the proposal before them tonight represents a percentage of community-members.As a community they have the responsibility to look out for the good of everyone,not one select group or interest no matter what it is. Ms. Benson asked to speak about the nature park proposal she presented to the Park Commission in Orono back in November 2021. It is important that everyone understands basic facts.First,the proposal was made by Ms.Benson as an alternative option to a plan that the Park Commission already had in the works for a standard play structure built of metal and plastic at Summit Beach Park.Given Mr.Dayton's commitment to preserving natural spaces the idea of having this structure at the park seemed a less-than-ideal fit and she spent a lot of time,and was happy to do it, talking to Park Directors and Staff in at least three different Minnesota parks who have made significant changes to their parks.As part of her research,Ms.Benson asked each one if they could do it differently, what would they do;the theme was community engagement from the beginning. Second,Ms. Benson is in no way personally invested in changing the landscape of Summit Beach whether for a natural playground or something else. She is interested in listening to the desire of the collective community. She has learned things about the sport of rowing such as teamwork,communication,coordination,and timing are very important...in a nutshell,working together. These are all great things,unfortunately these skills have not been employed effectively thus far and what has been done cannot be undone.However, as a community they can write the story of their town going forward and rather than a story of conflict it can become a story of celebration.Ms.Benson asked them to imagine Summit Beach in the future and that everyone,regardless of age,ability,means, influence,or recreational interest can gather and enjoy the gift of this land in the spirit in which it was given. Jay Nygard, 1386 Rest Point Road,was a Planning Commissioner and on the City Council. It was always important to him to visit the property so he could understand what was going on.This is especially true in this case,until one gets to the property to see the trees,hill,and beach, one does not really know what they are looking at. One concern with this project is that Orono did not provide any deed,covenants,or restrictions in the application which he thinks would be imperative for a park project that was donated.To him,private entities are not allowed to build on public land.There is a process to go through where the City builds and leases it out or one purchases the land and then builds on it.Another concern is that the proposed lease was not put in the packet.How can people look at what is going on without it?Especially because there is a clause that says the rights of the LLRC supersede any sale of the property which basically makes the property unsaleable.The lease needs to terminate when the property is sold and to give someone those kinds of rights is just silly. Orono should hold the keys to that property not the LLRC. Mr.Nygard does not think the LLRC has any standing to apply for a variance on City property.He cannot apply for a variance on someone else's property.He asked how can the LLRC put together a proposal, claim Orono is applying for the variance,apply for the variance and move forward?It is interesting that City Staff is pretty negative on the variance for hardcover which he has to agree with as Orono is very strict in the 0-75 and the LLRC could either make the building smaller or move it back in order to make this work.If Orono truly was the Applicant which is how a lot of these projects work,there would have to be an RFP(Request for Proposal)put out with three received back so Orono could choose the best to build on its property.This is not happening and is the reason Mr.Nygard thinks there was an end-around done and the LLRC can just go with their guys and make it the way they want to rather than the City being in control of what is going on.To him,they are actually violating State law by not putting out an RFP.Mr.Nygard stated the building is just too big,it is monstrous,too tall,will dominate the property, and will scare people away. He thinks it will probably have more uses than they are suggesting and they need to be skeptical of these things.He also asked what are they doing removing trees in a conservation area?Why is there no environmental impact study or study by the fire departments on the width of the narrow road? Page 8 of 11 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday,January 18,2022 6:00 o'clock p.m. Terri Panske,3407 Harriet Avenue South,Minneapolis,has been coming to that beach for over 35 years and brought her children and grandchildren to that beach. It makes her very angry and sad that this is even being talked about. She noted they have talked about the building but have not talked about parking. They will need a bigger parking lot and it would be private because it is for the rowers so nobody will be able to park there to get to the beach. Norm Hamman with his brother Greg Hamman,450 East Long Lake Road,have had the property for over 50 years across the street from the park. He read the vision statement from the City of Orono's website: To be the residential community of choice and remain widely recognized for its preservation of natural, rural beauty, quality of life, and recreational assets. Mr.Hamman stated this project as proposed would be a direct conflict with the vision statement of the city and compromise the natural beauty of this incredible public asset that was preserved in perpetuity by one of their most gentle local benefactors. Thomas Joyce, 1200 West Wayzata Boulevard,Long Lake, is new to the community and is very excited at the prospect of taking his soon-to-be-born daughter to an undeveloped and natural Summit Beach Park. He shared some statements from people across the community and the country that have previously spent years enjoying this park. • Jean Erickson from Monroe,WI says"This is a wonderful place to take your children,getting them off screen time to play outside is a must." • Mike Kohl from Orono,MN says"this was designed as a public beach with 100%access to all. The rowing club plan will definitely change the nature of the beach and park. What other special carve-outs will be made for private entities on public spaces in Orono and Long Lake?" • Max Burke from Tempe,AZ says,"This is one of my favorite spots on the lake.If this was to be done it would ruin the nature of the lake.This is a very peaceful and family-friendly spot how it is.Please don't build that club house." • Amy from Big Lake says,"I grew up going to that beach and now I take my kids there." • Krissy Spencer from Minneapolis,MN says,"Summit Beach is a hidden community treasure. It is a place that invites us to slow down,be present,play,and revel in the beautiful nature that surrounds our community. It should be preserved and remain accessible to all." • John Ohman from Long Lake,MN says,"Please do not allow this boat house to be built. I have nothing against rowing but this is a beautiful park for all the public,not a small group of rowers who can afford it.It will hurt the diversity of use and access for those who most need it.Please, this is public land,not private." • Jeanette Hilton from Mayer,MN says,"I grew up in Orono and went to school in Long Lake.I support the preservation of the beach being kept free to the public for eternity.But don't steal from the donor's intended use." • Karla Parra,Minneapolis,MN says,"We love this place.My little ones call it'our beach.' Let's keep praying and supporting places like this." Mr.Joyce wants to remind the community and the Commissioners that this is not a negotiation to reduce the building a little bit,but rather about protecting the whole park and being good stewards to the vision of Bruce Dayton.It is not about what they can legally do but about what a good steward should do.He asks the City of Orono,the Planning Commission, and City Council to be good stewards of the people in Page 9 of 11 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday,January 18,2022 6:00 o'clock p.m. the room tonight but also futuregenerations.Mr.Joyce asked if the LLRC were to resubmit a proposal in g Y p P the future,would it necessitate another public hearing and similar process? Vice Chair Ressler replied that is his understanding. As of now,the Planning Commission has not technically heard a presentation or feedback from Staff on the item.There would be another public hearing if the Applicant brought the presentation back. Vice Chair Ressler thanked everyone noting he appreciates their comments and concern on the matter.He closed the public hearing at 7:06 p.m. McCutcheon moved,Erickson seconded,to table LA21-000077 PKA,455 East Long Lake Road (Summit Beach Park),Conditional Use Permit and Text Amendment.VOTE: Ayes 4,Nays 0. 3. LA21-000074 TEXT AMENDMENT,PARK DEDICATION. Staff presented a summary packet of information.Barnhart stated when they reviewed the subdivision code in 2018 it was noted that the park dedication requirements were antiquated and needed to be updated based on current goals of the community. Staff tweaked some of the ordinance and reviewed the methodology of how they came up with the park dedication. Park dedication is allowed by State statute within several parameters. One of the key parameters is that there should be a nexus between what the City requires as a park dedication and what impact a proposed development has on the park system. Staff analyzed the number of households and acreage of the park system,then approached it with the idea that new development should pay for itself,meaning there is an adequate amount of park system for the community. If one adds more households to the community they should also add more park to the community to keep things linear.He noted parks and trails would be part of the park dedication calculation. He showed a draft on screen noting that each new household should provide 0.1 acres of park (land or cash)at the discretion of the City Council. Staff has drafted an ordinance that takes the current amount of households,parks,trails,and anticipated growth based on the 2040 Comprehensive Plan from 2018 and applied it to the subdivision code.He noted they also propose a cap as a parcel with a lot of density(10-20 units/acre)the cash donation requirement could be more than the cost or value of the property. Staff proposes a cap based on density. Erickson asked if Barnhart received his email with comments and proposed adjustments. Barnhart did incorporate Erickson's comments into the draft that is currently on screen. Vice Chair Ressler opened the public hearing at 7:24 p.m. Sonja Lockman, 115 Luce Line Ridge,has a real concern that the money can be used for park improvement,that the value can be determined simply between the City and the developer when they have already seen the potential for these bogus public-private partnerships that do not benefit the City or the residents. She is very concerned that the money can be used to take over a park, such as Lowry Woods,to buy into an easement to give property to another private entity—which is a mountain biking group—that would destroy the woods and that is expressly not in line with the nature conservancy of that woods. She stated"we have been told that the Lowry Woods access is the number one goal for the Park Commission even though we were told prior that they would not try to get any access for bikes into Lowry Woods.We have been told that our neighbors have been approached in the past about selling an easement for people to have access."Ms.Lockman has a very big concern that this is an end-run around Page 10 of 11 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday,January 18,2022 6:00 o'clock p.m. things that do not benefit. She thinks this is a lack of available notice to the public to weigh in on this and that is not okay. She stated a public hearing requires that they give notice and there was no notice. Vice Chair Ressler closed the public hearing at 7:28 p.m. Vice Chair Ressler asked Mr.Barnhart to clarify how the public is notified of a text amendment such as this one. Barnhart replied a text amendment is posted on the website and also in the paper.He would recommend anyone interested to subscribe on the website,noting they can subscribe to any legal notices and have agendas pushed to their email inbox. Vice Chair Ressler's feedback is that the text amendment seems to make sense and the calculation laid out is reasonable. Erickson moved,McCutcheon seconded,to approve LA21-000074 Text Amendment,Park Dedication as amended.VOTE: Ayes: 4,Nays 0. ADJOURNMENT McCutcheon moved,Peterson seconded,to adjourn the Planning Commission Meeting.VOTE: Ayes 4,Nays 0. The Orono Planning Commission meeting adjourned at 7:39 p.m. ATTEST: 0/l# Jon Ressler,Vice Chair Page 11 of 11 • Date Application Received: August 25,2021 O�j Date Application Considered as Complete:January 18,2022 .t$4 60-Day Review Period Expires: March 19,2022 To: Chair Kirchner and Planning Commission Members '�y �' Adam Edwards, City Administrator kES H O°' From: Laura Oakden, LLO Date: February 22, 2022 Subject: LA21-000076, Lincoln Danforth, 1720 Bohns Point Rd,Variance, Public Hearing Application Summary: The applicant is requesting to reconstruct the retaining walls in the 75' lakeyard with minor expansion. Staff Recommendation: Planning Department Staff recommends approval. Background The applicant is proposing to reconstruct failing retaining walls within the 75' lakeyard setback. The property abuts Lake Minnetonka with a large slope along the shoreline.The property is currently vacant and the existing retaining walls which are made of concrete.The new proposed walls will be boulders to match the neighbors existing walls. Most of the walls will following the same footprint as the existing walls. There is a slight variation closer to the north property line. • The new wall in this area will be placed further away from the lake compared to the existing walls,which will be removed. There is existing vegetation located lakeward of the retaining walls to act as screening from the lake. Commissioners should discuss if additional screening should be required. Practical Difficulties Analysis Applicant Submittal Information:The applicant has identified the sloped shoreline and the existing retaining walls as practical difficulties supporting the requested variance.Additionally, they have provided supporting documentation regarding Practical Difficulties attached as Exhibit B, and should be asked for additional testimony regarding the application. Planning Staff Practical Difficulty Analysis: Regarding practical difficulty, staff finds there to be practical difficulties for allowing the applicant to rebuild and install new retaining walls within the lake yard. The retaining walls would support and protect the slope. Staff would recommend adding additional screening of the walls to preserve a nature vegetated view from the lake. LOT ANALYSIS WORKSHEET Section 78-1680 and 78-1700—Hardcover Calculations: The existing retaining walls consist of 72 square feet.The new proposed retaining walls are 72 square feet. Retaining walls are exempt from hardcover totals for the property. Retaining walls are excluded from the hardcover calculations. Applicable Regulations: • Lake Setback Variance (Section 78-1279) LA21-000076 February 22,2022 Page 2 of 4 Retaining walls are not permitted within 75' of the lake,therefore the applicant is requesting a • setback variances.The applicant's plan involves replacing the existing concrete slab style retaining walls,with more natural looking boulders and to support the new style stair.The applicant is hoping to proactively prevent any further erosion and potential failure of the lake yard with tiered retaining walls to stabilize the area. Governing Regulation:Variance (Section 78-123) In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. §216C.06, subd. 14,when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located.The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. According to MN §462.357 Subd. 6(2)variances shall only be permitted when: 410 1. The variance is in harmony with the general intent and purpose of the Ordinance. Preserving and protecting the existing slope in the lake yard is in harmony with the intent of the ordinance. The proposed retaining walls will be screened with vegetation to maintain the rural nature of the lake. 2. The variance is consistent with the comprehensive plan. The proposed retaining walls are protecting the slope on the property 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 owner proposes to install retaining wall improvements which are residential in nature and reasonable from a residential scope. b. There are circumstances unique to the property not created by the landowner; The owner has proposed retaining walls as a solution which will protect against failure of the slope. The existing slope of the lake yard was not a result of actions by the owner. and c. The variance will not alter the essential character of the locality The variance to permit retaining wall structures within the 75-foot setback will help to maintain the existing slope and character of the area. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination. 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as • LA21-000076 February 22,2022 Page 3 of 4 • defined in Minn. Stat. § 216C.06, subd. 17, when in harmony with Orono City Code Chapter 78.This condition is not applicable. 6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located.This condition is not applicable, as single family home is an allowed use in the LR-1B District. 7. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling.This condition is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. .The slope of the property combined with the pre-existing improvements is a unique condition to the subject property. 9. The conditions do not apply generally to other land or structures in the district in which the land is located.The subject property's specific slope and existing improvements are creating conditions which do not apply to adjacent properties. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.Granting a lake setback variance to allow the retaining walls within the 75-foot lake setback is reasonable and necessary to preserve the property rights of the owner and supported by the vulnerable lake yard slope 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 lakeyard setback variance allowing the retaining walls within the 75-foot lake setback will not adversely impact health, safety, comfort or morals, or in any way be contrary • to the ordinances. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty.The location of the slope in the lakeyard does not support another, conforming location for the retaining wall. The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Public Comments To date, no public comments have been received. Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? 2. Does the Planning Commission find that the variance(s), if granted, will not alter the essential character of the neighborhood? 3. Commission should discuss if additional landscaping and screening should be required to preserve and enhance a natural vegetated view from the lake. Planning Staff Recommendation Planning Staff recommends approvals for the lakeyard variances to allow the reconstruction of the retaining walls with a condition to add additional vegetation to screen the retaining walls from the lakeview of the property. LA21-000076 February 22,2022 Page 4 of 4 List of Exhibits • Exhibit A. Application Exhibit B. Practical Difficulties Documentation Form Exhibit C. Existing& Proposed Survey/Site Plan Exhibit D. Pictures Exhibit E. Submitted Hardcover Calculations Exhibit F. Property Owners List and Map S Letter View PC Exhibit A Land Use Application Summary LA21-000076 likplication Date: 12/14/2021 Address: 1720 Bohns Point Road Orono, MN 55391 Parcel Number: 1611723220008 Land Use Number: LA21-000076 Application Submitted By: Agent on behalf of property owner Owner: Name: 1720 BOHNS POINT LLC Address: 1725 BOHNS POINT RD ORONO MN 55391 Applicant: Name: Lincoln Danforth Company: Yardscapes,Inc. Address: 8609 Harriet Ave So. Bloomington,MN 55420- Lincoln@yardscapesinc.com Contact Information: Associated Contact: Lincoln Danforth Lincoln@yardscapesinc.com Associated Contact: • Associated Contact: Associated Contact: Project Description: Replace Lakeside Poor Concrete Walls w/New Granite Outcropping Boulder Retaining Wall Land Use Application Type: Amendmend Application 0 Appeal of Admin Decision D Concept Application 0 Conditional Use Permit ❑ Site Plan Application ❑ Subdivision Application El Subdivision Exception ❑ Vacation Application 0 Variance Application 0 0) Applicant Signature: 40 • file:///C/Users/loakden/Downloads/Land%20Use%20Application%20Summary%20(13).htm[2/17/2022 11:55:09 AM] • yardscapes Project Narrative: The goal of this project is to replace a failing concrete retaining wall with a more secure and permanent material, granite boulder outcroppings. The granite boulders are not only a better structural material for this wall replacement, but they also match aesthetically with the existing retaining walls on neighboring properties. The existing concrete retaining wall will be demo-ed and disposed of off-site. The new proposed granite boulder wall will be constructed in accordance with the engineering specifications detailed out by Criterium-Schimnowski Engineers. The replacement of the failing concrete retaining wall is crucial to protect the hillside from eroding into Lake Minnetonka. Sincerely, Lincoln Danforth • Letter View PC Exhibit B PRACTICAL DIFFICULTIES DOCUMENTATION FCLA21-000076 LA21-000076 •The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter. Response: N/A 2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. Response: The existing concrete retaining wall that needs to be replaced was installed before the current landowner purchased the property. 3. The variance, if granted, will not alter the essential character of the locality. Response: The proposed new retaining wall will be installed as close as possible within the footprint of the existing wall. The material (granite boulders) will be the same used on both neighboring properties to fit with the character of the area. 4. Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter. Response: N/A 5. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for lar energy systems. Variances shall be granted for earth-sheltered construction as defined in nnesota Statutes, Section 116106, Subd. 2, when in harmony with this Chapter. Response: N/A 6. The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not allowed under this Chapter for property in the zone where the affected person's land is located. Response: N/A 7. The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. Response: N/A 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. Response: The conditions of this property also impact the adjoining property. If the current retaining wall is not replaced, there is the risk of erosion of hillside into Lake Minnetonka. 9. The conditions do not apply generally to other land or structures in the district in which said land is located. sponse: N/A 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. file:///C/Users/loakden/Downloads/Practical%20Difficulties%20Documentation%20Form%20(12).htm[2/17/2022 11:55:09 AM] Letter View Response: If the current retaining wall is not replaced, there is risk of erosion of hillside into Lake Minnetonka. 11. The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code. Response: The granting of the proposed retaining wall will improve safety. 12. The granting of such variance will not merely serve as a convenience to the applicant but is necessary to alleviate demonstrable difficulty. Response: The granting of this variance is necessary to stop the current retaining wall from failing into Lake Minnetonka. 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'A 4,, I # g it t 1 y 1' :VW t ,ip •.. h ,0 ,":4' PC Exhibit E City of Orono LA21-000076 Hardcover Calculation Worksheet • Property Address: 7�^1261,7�{-}NS pc�c*.04,-;c: Prepared by: Soso. Date: bAt fzdzl Stormwater Quality Overlay District Tier: (Circle one) CO Tier 2 Tier 3 Tier 4 Tier 5 Step 1: EXISTING HARDCOVER In the following table identify all items of existing hardcover on the property, keyed by letter to site plan or survey(must accompany this form). Use as many lines as necessary to accurately depict existing hardcover status of the property. For Tier 1 properties, identify any features by letter which are split at the 75' setback line and calculate hardcover square footage separately for each portion. Key to Total Hardcover Item(Describe) Length x Width Survey (Square Feet) (Example) (Garage) (24'x 30') (720 S.F.) A ASt2tkpt1 pfUvFw,4-( 3 355 S.F. B r300cT 1{00S& 8b S.F. C bec..K 2-3 Co S.F. D Cx2W R e--re W P-t-KWW1 fat- S.F. E 12c-riktoiL C.r WNLJ W 1TtknJ o • L M -)2. S.F. F S.F. G S.F. H S.F. S.F. J S.F. K S.F. L S.F. • M S.F. N S.F. O S.F. P S.F. Q S.F. R S.F. S S.F. T S.F. U S.F. ✓ S.F. W S.F. X S.F. Y S.F. Z S.F. (1) Total Existing Hardcover J 3a 5b S S.F. Excludable Hardcover(See City Code Sec 78-1684): G F1 R-ST 10a S5 or P€12.J1boS I o c' S.F. S.F. S.F. S.F. S.F. (2) Total Excludable Hardcover 1O0 S.F. (3) Net Existing Hardcover [Subtract line(2)from line(1)] 3,-1 D S S.F. (4) Total Lot Area SO, 4 1 t{ S.F. Proposed Hardcover Percentage [(3);(4)] y, co (Proposed Hardcover next page) Last Updated: January 2021 • Note:This is an information sheet only, every effort has been made to insure the accuracy of the information contained herein; however,if any information is not consistent with provisions of the City Code, the Code provisions will prevail. Page 8 of 9 City of Orono / ©No Hardcover Calculation Worksheet Property Address: Imo �D • F I e Nto S Po l t�T `i,tr,,o,0`, Prepared by: Date: 8�2o�2oZ[ ins Pc K-P- -b� Stormwater Quality Overlay District Tier: (Circle one)4131) Tier 2 Tier 3 Tier 4 Tier 5 Step 2: PROPOSED HARDCOVER In the following table, identify all items of proposed hardcover on the property, keyed by letter to site plan or survey(must accompany this form). Include all existing hardcover items that are intended to remain, as well as all proposed hardcover items that will be added. Use as many lines as necessary to accurately depict proposed hardcover status of the property. For Tier 1 properties, identify any features by letter which are split at the 75'setback line and calculate hardcover square footage separately for each portion. Key to Total Hardcover Item (Describe) Length x Width Survey (Square Feet) (Example) (Garage) (24'x 30') (720 S.F.) A AS'14At_" 7.712-1gGw ; 3i3 SS- S.F. B j,,OA-r 8ou5c $o S.F. C T7EGIc.._ 22-5 to S.F. D (QN)GR E Wt4 wf. ( ( t S.F. E .. -- - (Tb $e (ZeMwEA) --7---a----- S.F. F New RE'i= W Pa..t- W rt'th w "15"' or L.4 c (-ri' QE Atzeb) -12- S.F. 1 G S.F. H S.F. I S.F. J S.F. K S.F. L S.F. • M S.F. N S.F. O S.F. P S.F. o S.F. R S.F. S S.F. I T S.F. U S.F. ✓ S.F. W S.F. X S.F. Y S.F. Z S.F. (1) Total Proposed Hardcover 3, ,Oc- S.F. Excludable Hardcover(See City Code Sec 78-1684): G t ii•Lst- 10o Sl✓ o= P p ilooc Dec _-KI bcv S.F. S.F. S.F. S.F. S.F. (2) Total Excludable Hardcover too S.F. (3) Net Proposed Hardcover [Subtract line(2)from line(1)] 3,70 S S.F. (4) Total Lot Area So/y7 y S.F. Proposed Hardcover Percentage [(3):(4)] i/ (o Last Updated: January 2021 • Note: This is an information sheet only,every effort has been made to insure the accuracy of the information contained herein;however,if any information is not consistent with provisions of the City Code,the Code provisions will prevail. Page 9 of 9 I PC Exhibit F LA21-000076 38 08-117-23 44 0024 38 17-117-23 11 0005 PATRICK J HALLORAN WILLIAM F&JULIE R SNYDER • KATHLEEN A HALLORAN 1629 BOHNS POINT TD 1595 BOHNS POINT RD WAYZATA MN 55391 WAYZATA MN 55391 38 09-117-23 33 0008 38 17-117-23 11 0006 THE NYK TRUST JAMES H MURPHY 1580 BOHNS POINT RD CYNTHIA A MURPHY ORONO MN 55391 5128 QUEEN AVE S MINNEAPOLIS MN 55410 38 16-117-23 22 0001 38 17-117-23 11 0007 CHARLES MILLER&JILL MILLER JOHN CHURCH 1600 BOHNS POINT RD KLERISSA CHURCH WAYZATA MN 55391 1645 BOHNS POINT RD WAYZATA MN 55391 38 16-117-23 22 0002 38 17-117-23 11 0008 ANGELA V ROSS RONALD L OTTEN 1640 BOHNS POINT RD SUSAN K OTTEN WAYZATA MN 55391 1655 BOHNS POINT RD WAYZATA MN 55391 38 16-117-23 22 0003 38 17-117-23 11 0009 PETER A SANTRACH RONALD L OTTEN MELISSA A KREIMER SANTRACH SUSAN K OTTEN 1700 BOHNS POINT RD 1655 BOHNS POINT RD WAYZATA MN 55391 WAYZATA MN 55391 • 38 16-117-23 22 0007 38 17-117-23 11 0010 1725 BOHNS POINT LLC RONALD L OTTEN 1725 BOHNS POINT RD SUSAN K OTTEN WAYZATA MN 55391 1655 BOHNS POINT RD WAYZATA MN 55391 38 16-117-23 22 0008 38 17-117-23 11 0011 1720 BOHNS POINT LLC RONALD L OTTEN 1725 BOLTS POINT RD SUSAN K OTTEN ORONO MN 55391 1655 BOHNS POINT RD WAYZATA MN 55391 38 17-117-23 11 0002 38 17-117-23 11 0012 RONALD L OTTEN RONALD L OTTEN SUSAN K OTTEN SUSAN K OTTEN 1655 BOHNS POINT RD 1655 BOI-INS POINT RD WAYZATA MN 55391 WAYZATA MN 55391 38 17-117-23 11 0003 38 17-117-23 11 0013 RACHEL JENSEN RONALD L OTTEN 1625 BOHNS POINT RD SUSAN K OTTEN WAYZATA MN 55391 1655 BOHNS POINT RD WAYZATA MN 55391 •38 17-117-23 11 0004 JOHN CHURCH KLERISSA CHURCH 1645 BOHNS POINT RD WAYZATA MN 55391 Hennepin County Locate & Notify Map Date: 12/14/2021 1 % Lake Minnetonka • F•� 0. • p6. •'H • .P Iht Buffer Size: 500 0 100200 400 Feet Map Comments: I ) ) ) I I I 1 I 1720 Bohns Point Rd This data () 's furnished 'AS IS with no representation as to completeness or accuracy; (ii)is furnished with no warranty of any kind; and (ii) is notsuitable for legal, engneering or surveying purposes.Hennepin County shall not be liable for any damage,injury or loss resulting from this data. For more information,contact Hennepin County GIS Office 300 6th Street South,Minneapolis,MN 55487/gisinfo@hennepin.us Peter and Melissa Santrach • 1700 Bohns Point Road Orono, MN 55391 February 21, 2022 Planning Commission City of Orono 2750 Kelley Parkway Crystal Bay, MN 55323 RE: LA21-000076 We are writing in strong support of the variance requests by Yardscapes for the property at 1720 Bohns Point Road,which is adjacent to our home. The retaining wall in question was likely constructed when the first home was built on the property in the 1950s.This concrete block wall is visibly failing. Not only is the wall tremendously unsightly, but it is a potential safety hazard, especially during periods of heavy rain. Yardscapes' proposal to reconstruct this wall will provide the necessary reinforcement, will greatly improve the appearance of their property from the lake, and will provide an attractive aesthetic that is III consistent with the quality of the home on the property. We urge the Planning Commission to approve all variance requests pertaining to the reconstruction of this retaining wall. Sincerely, Peter and Melissa Santrach • • Date Application Received: 01/04/2022 Date Application Considered as Complete:01/21/2022 AzLo. jO 60-Day Review Period Expires: 03/22/2022 To: Chair Kirchner and Planning Commission Members y A. Adam Edwards, City Administrator ikE S H 0°' From: Melanie Curtis, Planner hIGG Date: 22 February 2022 Subject: #LA22-00001(Also related#LA21-000078) Tim & Leslie Oare and co-applicants John & Michele Abbott 2967 Casco Point Road (Gare) +2641 Casco Point Road (Abbott) • Hardcover Variances (both lots) • Lot Area Variance for Guest House Qualification (2967 CPR) • Guest House Conditional Use Permit (2967 CPR) Public Hearing Application Summary: With the goal of a lot combination and boundary line adjustment (LA21- 000078), the applicants are requesting hardcover variances for both lots, and a lot area variance and CUP for a guest house for the Oare property. • Staff Recommendation: Please see the Staff recommendation on Page 7. Background John and Michele Abbott have lived at 2941 Casco Point Road for a number of years;Tim and Leslie Oare recently built a new home at 2967 Casco Point Road. 2965 Casco Point Road (formerly the Swenson property) was offered for sale in 2021 and was purchased by the Abbotts and Oares jointly. They hope to split the property and combine each portion with their lots. They also plan to keep the existing home and detached garage on their respective portions of the property. An administrative boundary line adjustment(officially called a Subdivision Exception)can be completed by staff and recorded by the owner to combine and move the lot lines if no new non-conformities are created or an existing non-conformity is not increased The applicants propose a net decrease in hardcover of 22 square feet. However,the hardcover for the parcel to be owned by the Abbotts will increase from 22.96 to 27.5%,and the Oare property hardcover square footage increases and will exceed 25%.The present situation was not contemplated by the ordinance,where a third lot is absorbed into two existing lots. The Abbotts will acquire the "Swenson" detached garage with their portion of the lot split;the Oares will acquire the "Swenson" home.The Oares wish to maintain the full functionality of the existing "Swenson" home to serve as a Guest House.A guest house use in the LR-1C district requires two times the district minimum acreage. In this case, a minimum lot area of 1.0 acre is required for a guest house use in addition to a Conditional Use Permit(CUP).The resulting lot area for the Oare property is proposed to be 0.73 acre.They are also requesting a lot area variance from the guest house acreage requirement as part of this application.They have applied for the Subdivision Exception application (#LA21-000078)with the hope that the requested variances will be granted and the lot can be split between the two parties. • Practical Difficulties Analysis Applicant Submittal Information:The applicant has primarily identified the existing conditions and the FILE#LA22-000001 22 Feb 2022 Page 2 of 7 elimination of a separate nonconforming property as practical difficulties supporting the requested variance(s). • Additionally,they have provided their supporting documentation regarding Practical Difficulties attached as Exhibit B, and should be asked for additional testimony regarding the application. Planning Staff Practical Difficulty Analysis: Regarding practical difficulty, Staff finds that the elimination of a nonconforming lot is a positive improvement from an average lakeshore setback perspective,as well as the overall reduction of hardcover between the 3 properties.The hardcover variance requested may be supported by practical difficulty as an improvement from the existing condition, however the new driveway hardcover proposed (on the Oare lot) is not supported, nor is it permitted by code. Staff does not find practical difficulties exist which support the requested lot area variance to permit a guest house use. LOT ANALYSIS WORKSHEET Section 78-350&78-1279—Setbacks: The proposed diving lot line will not result in any of the existing buildings becoming nonconforming; a minimum of 10-foot setback from the new lot line is proposed for the existing home and the detached garage.The elimination of the separate"Swenson" lot results in the average lakeshore setback as applied to the Abbott and Oare properties becomes more conforming and more consistent with the other properties along the lake on this side of Casco Point Road (see Exhibit I). Section 78-350—Lot Area/Width: Based on the proposed distribution of the "Swenson" property,the currently nonconforming-sized Oare property will become conforming within the LR-1C district with respect to minimum lot area and lot width. The Abbott property will conform to lot area. The lot width will remain the same. • Property Required Existing Proposed Abbott 21,780 s.f. (0.5 acres) 27,584 s.f. (0.63 acre) 37,600 s.f. (0.86 acre) 2941 CPR 100' 90 feet 90 feet(no width change) "Swenson" 21,780 s.f. (0.5 acres) 21,240 s.f. (0.48 acre) Eliminated 2965 CPR 100' ±20 feet Oare 21,780 s.f. (0.5 acres) 20,851 s.f. (0.47 acre) 32,075 s.f. (0.73 acre) 2967 CPR 100' ±80 feet ±100 feet Section 78-1403—Structural Building Coverage: Following the property line changes each property will conform to the structural coverage limitation. Abbott Total Lot Area Total Structural Coverage Existing: 27,584 s.f. (0.6 acre) Allowed: 20% 2941 CPR Existing: 3,163 s.f. (11.4%) Proposed: 37,600 s.f. (0.86 acre) Proposed: 3,905 s.f. (10.3%) Oare Total Lot Area Total Structural Coverage Existing:20,851 s.f. (0.47 acre) Allowed: 20% 2967 CPR Existing: 3,453 s.f. (16.5%) Proposed: 32,075 s.f. (0.73 acre) Proposed: 4,697 s.f. (14.6%) S FILE#LA22-000001 22 Feb 2022 Page 3 of 7 • Section 78-1680 and 78-1700—Hardcover Calculations: Hardcover Existing Hardcover Proposed Abbott 6,333 s.f. 23% Abbott 10,340 s.f. 27.5% "Swenson" 6,763 s.f. 31% Oare +8,793 s.f. 27.4% Oare + 6,059 s.f. 29% Total 19,133 s.f. 27.4% Total 19,155 s.f. 27.4% Abbott: 25%of proposed lot area =9,400 s.f. /Proposal exceeds 25% by 940 s.f. Oare: 25%of proposed lot area =8,018 s.f. /Proposal exceeds 25% by 775 s.f. Proposed Hardcover Changes Removals: Additions: 71 s.f. stepping stones(both) 306 s.f. proposed new driveway(Oare) 114 s.f. lake stair removal (Oare) 143 s.f. driveway removal (Abbott) Total removals 328 s.f. Applicable Regulations: Hardcover Variance (Section 78-1700) While hardcover is proposed be reduced by 22 square feet, hardcover variances are required for both lots as the totals are proposed to exceed 25%.The Abbott property is proposed to have 27.5% hardcover;the Oare property is proposed to have 27.4%. There are 328 square feet of removals proposed;a new 306 square foot driveway access with 2 parking spaces is proposed to be added to the Oare property to serve the guest house. Guest House Lot Area Variance(Section 78-348(2)) The Oares will be combining the portion of the "Swenson" property with their home site.They wish to keep the existing"Swenson" home and use it as a guest home.The Code permits guest houses on properties which exceed the minimum district lot area by twice the minimum lot area.The Oares will increase their lot area from 0.47 acre to 0.73 acre, however within the LR-1C district 1/2 acre is the minimum lot size. In order to qualify for a guest house in the LR-1C district, 1.0 acre of land is required.The Oares request approval of a lot area variance to qualify for a guest house. Governing Regulation:Variance(Section 78-123) In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health,safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems.Variances shall be granted for earth- sheltered construction as defined in Minn. Stat. §216C.06, subd. 14,when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located.The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. FILE#LA22-000001 22 Feb 2022 Page 4 of 7 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. a. The lots are challenged by the location and orientation of existing improvements so some level of hardcover variance approval may be appropriate. b. The lot area variance for guest house use would serve to increase the dwelling unit density beyond the permitted level which is not in harmony with the Ordinance. 2. The variance is consistent with the comprehensive plan.A. The applicants' proposal would serve to eliminate some existing nonconformities in the substandard lot sizes,and average lakeshore setback orientation. B. However the lot area variance to support the guest house use and requested hardcover levels are inconsistent with the comprehensive plan. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; i. The request to combine the portions of 2965 Casco Point Road with the two adjacent properties eliminates two nonconforming lots and improves the average lakeshore setback as applied to for the adjacent properties. ii. However the requested lot area variance to support the guest house use and requested hardcover levels for each lot are inconsistent with the comprehensive plan. b. There are circumstances unique to the property not created by the landowner; The unique shape,size,and orientation of the subject properties present challenges. i. The suggested division and reallocation of the 2965 Casco Point Road property would result in 2 lots more consistent with the neighborhood.There should be consideration for variance approvals from the hardcover limitation as the applicants are proposing a reduction. ii. The variance to permit a guest house on a property less than twice the minimum district standard is inconsistent with the neighborhood and not supported by practical difficulties; and c. The variance will not alter the essential character of the locality. The hardcover variances do not represent an increase of hardcover over existing conditions,so there is little impact to the character of the area. The variance to permit a guest house on a property less than twice the minimum district standard is inconsistent with the neighborhood and not supported by practical difficulties. The characterization of a guest house on the small lot does establish precedent with will impact character of the neighborhood. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination. 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06,subd. 17,when in harmony with Orono City Code Chapter 78.This condition is not applicable. 6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located. Relating to the guest house,this condition is not applicable,as a guest house use is allowed in the LR-1C District for properties which meet the minimum requirements. 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 applicants propose changes to the lot configuration to remove a nonconforming lot and to solve an average lakeshore setback issue that is unique to the subject FILE#LA22-000001 22 Feb 2022 Page 5 of 7 • properties.The hardcover limitation is not unique to the applicants' properties.Relative to the request for a guest house,there are no special conditions that would support a guest house on the Property. 9. The conditions do not apply generally to other land or structures in the district in which the land is located.The substandard lot size is not unique to the immediate neighborhood however in the past, the"Swenson" lot was separated from the original property at 2967 Casco Point Road and the separation resulted in a unique and awkward lot configuration and the extreme average lakeshore setback.The applicants wish to resolve the lot configuration. Responding the guest house issue,many of the lots in the immediate area are smaller than the 1.0 acres necessary to support a guest house. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Granting some level of hardcover variance in this unique situation is not entirely contrary to the intent of the zoning chapter. However the proposed level of hardcover, including the addition of new hardcover is not supported by practical difficulty and is contrary to the intent of the zoning chapter.The variance to the required minimum lot area for a guest house use is at odds with Orono's density standards and is not necessary for the applicants'enjoyment of property rights. 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 granting of a variance to the lot area standard to permit a second dwelling unit on an undersized property is in direct conflict with the intent of the comprehensive plan and zoning chapter. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. It is possible that hardcover variances of a more appropriate scale may be necessary,and may not merely serve as a convenience to the applicants. However,the lot • area variance for the guest house use and the variances for hardcover in excess of the minimum necessary to reasonably serve the properties,as proposed appear to be strictly for the convenience of the property owner and unsupported by practical difficulties. 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 use of the property for residential uses is consistent with the Community Management Plan. 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 guest house is inconsistent with the lot size requirements outlined in the city code,the first of three conditions placed for Guest House uses. 3) Adequately served by police,fire, roads, and stormwater management; These services are currently provided to the building. 4) Provided with an adequate water supply and sewage disposal system; These services are currently provided to the building. • 5) Not expected to generate excessive demand for public services at public cost; It is not expected to increase demand for these services. FILE#LA22-000001 22 Feb 2022 Page 6 of 7 6) Compatible with the surrounding area as the area is used both presently and as it is planned to be • used in the future; No change is proposed.The guest house use will likely have a more limited occupation than a principal home on a property. 7) Consistent with the character of the surrounding area, unless a change of character is called for in the community management plan; The home proposed to be a guest house exists today.The existing condition is consistent with the existing character. 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; No change is proposed.The current"Swenson" house is proposed to be maintained as a guest house. 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; Considering the prescribed density of the district, it is possible that the use of a guest house on a nonconforming-sized property could impact property values in the area. 10) Provided with screening and buffering adequate to mitigate undesirable views and activities likely to disturb surrounding uses; The existing home is screened from Casco Point Road and the lake (due to the setback).The most affected neighbor would be the Abbotts who have supported the Oares' request for a guest house use. No additional screening would be required. 11) Not create a nuisance which generates smoke, noise,glare,vibration, odors,fumes, dust, electrical interference,general unsightliness, or other means; The listed impacts are not expected to be generated by the proposed use of the structure for a guest house. 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 guest house is to be used only for the occupants of the principal dwelling or their non-paying guests, • there should be no increase of traffic. 13) Designed to take into account the natural,scenic, and historic features of the area and to minimize environmental impact; Not applicable,the structure is existing. 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 are no proposed changes to exterior lighting; and 15) Not detrimental to the public health, public safety,or general welfare.There are no expected impacts to these concerns. 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. Engineer Comments. Regarding the proposed new driveway on the Oare property to serve the guest house, City Code permits one curb cut per property. If the Oares wish to add the guest house curb cut they should request the Council authorize them a second curb cut. Public Comments The applicants have provided comments from their neighbors which are attached as Exhibit G. No additional comments from the public have been received. Issues for Consideration 1. Does the Planning Commission find that that the property owners proposes to use the properties in a reasonable manner which is not permitted by an official control? 2. Does the Planning Commission find that the variance(s), if granted, will not alter the essential • character of the neighborhood? FILE#LA22-000001 22 Feb 2022 Page 7 of 7 3. Does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested variance(s)? 4. Are there any other issues or concerns with this application? Planning Staff Recommendation Planning Staff recommends denial of the lot area variance for a guest house use and denial of the conditional use permit for the guest house use. Staff found no practical difficulty to support approval of a 2nd dwelling unit on the Oare property.The minimum acreage requirement cannot be met therefore the property does not qualify for a guest house use. The Oares are permitted to maintain plumbing facilities in the existing house with a restrictive covenant addressing the use as an accessory building with full plumbing facilities. As the building is currently a fully appointed home,Staff recommends the Commission discuss whether or not modifications to the existing home are appropriate under this scenario. Suggestions include removal of partition wall(s)which define bedrooms, modifications to the kitchen and/or existing bathroom facilities to reduce the functionality. Casco Point Road is quite narrow in this location and visibility is limited. Staff recommends denial of any request to create a second curb cut on the Oare property. Regarding the requested hardcover variances, staff recommends denial of the hardcover variances for the Oare property.The Oares should consider making the following changes: 1. Elimination of the proposed driveway/parking area on the Oare property; 2. Removal of the existing lakeside "Swenson" deck on the Oare property; and 3. Removal of at least 340 square feet of existing patio hardcover on the lakeside of the "Swenson" house. • Planning Staff recommends approval of some level of hardcover variance for the Abbott property however encourages removal of any hardcover that exceeds the minimum necessary to serve the property, as proposed. Suggested removals include the 400 square foot concrete patio labeled as "G" and additional driveway adjacent to the"concrete to be removed" portion shown near the "Swenson"garage and/or other existing hardcover. Proposed hardcover additions and removals are detailed on the annotated survey attached as Exhibit D. List of Exhibits Exhibit A. Application & Narrative Exhibit B. Practical Difficulties Documentation Form Exhibit C. Proposed Survey Exhibit D. Survey Annotated by Staff Exhibit E. Existing and Proposed Hardcover Calculations Exhibit F. Lot Area & Hardcover Summary Exhibit G. Public Comment Exhibit H. Aerial Photo/ALS Exhibit Exhibit I. Property Owners List Exhibit J. Plat Map • Land Use Application Summary PC Exhibit A Application Date: 01/04/2022 Address: 2967 Casco Point RD • Orono, MN 55391 Parcel Number: 2011723310064 Land Use Number: LA22-000001 Application Submitted By: Property Owner Owner: Name: TIMOTHY JOHN OARE Address: LESLIE MARIE DENNIS OARE 2967 CASCO POINT RD Applicant: Name: Leslie Oare Company: Address: 2967 Casco Point Road Wayzata,MN 55391 Ltoare2967@gmail.com Contact Information: Associated Contact: Leslie Oare Ltoare2967@gmail.com Associated Contact: TIMOTHY JOHN OARE Associated Contact: John Abbott abbott.mail@gmail.com Associated Contact: Project Description: Variance and Conditional use permit for Guest House Land Use Application Type: Amendmend Application Ci Appeal of Admin Decision Ll Concept Application Li Conditional Use Permit Site Plan Application O Subdivision Application U Subdivision Exception O Vacation Application Variance Application Applicant Signature: i Oare/Abbott Request for Variance and Conditional Use Permit— Narrative Description. Currently there are three properties: (1) The Abbott property at 2941 Casco Point Road (2) The Swenson property at 2965 Casco Point Road (3) The Oare property at 2967 Casco Point Road Historically, there were only two properties (1) the current Oare and Swenson properties combined which included a main home along with a carriage house and associated property large enough to support a garage. (2) the Abbott property. A number of years ago the Oare/Swenson property was divided into two single family properties: the current Oare property with the main home, and the current Swenson carriage house property. • The Swenson property as configured at that time: o Has only 20 ft. of lakeshore, which requires a lakeshore setback variance that infringes on lakeshore rights for both the Abbotts and the Oares. o Also, years ago, a garage was added to the Swenson property—which requires a shared driveway with the Abbott property and an associated driveway easement. • The Oares and Abbott purchased the Swenson property when it went for sale in early 2021 to ensure privacy and eliminate issues related to the driveway easement and lakeshore setbacks. This request is to legally join the (divided) Swenson property between the Oare and Abbott properties. If you consider the three properties together, virtually nothing physically will change, other than the property lines. We are seeking two variances to support the proposes property split: 1. The Oares seek a Conditional Use Permit to allow the existing carriage house to be a guest house. No changes are being made to the house. 2. The Abbotts seek a hardcover variance due to the new combined property exceeding the allowed 25% hardcover. Allowing the split resolves longstanding issues of having a very small, non-conforming parcel/home wedged between the Abbott and Oare properties; it also eliminates parking/driveway challenges and lakeshore rights issues. The neighbors support the change. We respectfully request the hardcover variance and CUP for the guest house be approved. Tim and Leslie Oare John and Michele Abbott • PRACTICAL DIFFICULTIES DOCUMENTATION FORM PC LA22-000001 Exhibit B 1.The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter. Response:The request to permit the variance for a guest house is reasonable as the house already exist as a permanent residence and originally a part of the existing property. 2.The plight of the landowner is due to circumstances unique to his property not created by the landowner. Response: The approval of the variance will eliminate a nonconforming property and eliminate the average lakeshore set back inconsistency. However, the total land area will not meet the 1 acre requirement, 3.The variance, if granted,will not alter the essential character of the locality. Response:The variance is requested in order to combine the property and eliminate the driveway easement, eliminate a nonconforming lot, and eliminate the average lakeshore set back inconsistency. The character and quality of the guest house will remain as is. 4. Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter. Response: Economic considerations have not been a factor in the variance approval determination. 5. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minnesota Statutes,Section 1163.06,Subd. 2, when in harmony with this Chapter. Response: N/A 6.The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not allowed under this Chapter for property in the zone where the affected person's land is located. Response:This condition is not applicable, as the use for a guest house is an allowed use in the LR-1C district. • 7.The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. Response: N/A 8.The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. Response:The condition and goal is to clean up property issues such as the driveway easement,the nonconformity, and the average lakeshore set back inconsistency which were created when the guest house was parceled off. 9.The conditions do not apply generally to other land or structures in the district in which said land is located. Response: The property originally had this guest house and the goal is to combine it back to the original property. 10.The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Response:The granting of the application will alleviate the sharing of a driveway and allow the home owner to have peace of mind that others are not going in and out of their driveway. 11.The granting of the proposed variance will not in any way impair health,safety, comfort, morals,or in any other respect be contrary to the intent of the Zoning Code. Response: Granting of the proposed variance will not impair health or safety, No changes are being made to the property. 12.The granting of such variance will not merely serve as a convenience to the applicant but is necessary to alleviate demonstrable difficulty. Response:The single family home exist and is a finished residential home that can be used as a guest house that was part of the original property. 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Existing Abbott Lot PC Exhibit E City of Orono • �o�o Hardcover Calculation Worksheet f Property Address: 29 L// cif 5c0 OT, de 0. 0,4E. -1P4/T A.B arr. �,(A cc.c..) `'KEsMo0.° Prepared by: Date: Geo,vBE<G 4 4110CI47'6-5-0P/C- /-5- 2Z Stormwater Quality Overlay District Tier: (Circle one) 41101) Tier 2 Tier 3 Tier 4 Tier 5 Step 1:CEXISTING HARDCOVER In the fol owing table identify all items of existing hardcover on the property, keyed by letter to Certificate of Survey (survey must accompany this form). Use as many lines as necessary to accurately depict existing hardcover status of the property. For Tier 1 properties, identify any features by letter which are split at the 75' setback line and calculate hardcover square footage separately for each portion. Key to Total Survey Hardcover Item(Describe) Length x Width (Square Feet) (Example) (Garage) (24'x 30') (720 S.F.) A No u r e 297 S.F. B /t/ZA — S.F. C 1.41.,/Et lwi,IcK .335 S.F. D D/P/(/Et.A.dA Y /5// t c164/ /9 7 5 S.F. E Zeck f STEP.F 376. S.F. F 49A VCR 10.4-Tie f l6..ALK JY7 S.F. G N/A — S.F. H N/A — — S.F. I loADCA5' 77 S.F. J (Chic. 4044 e4A-04-2 IRE'Q 72. S.F. K _A e7/1/AA,c,C 44/A 1_0" 77 S.F. L BOAT 1J ,c E- /26 S.F. . M N Oecic AT if047" ,Vene.rE ,jIO 7 S.F. T4`I ,t 7' E ls. SKS /2 9 S.F. 0 S.F. P S.F. Q S.F. R S.F. S S.F. T S.F. U S.F. V S.F. W S.F. X S.F. Y S.F. Z S.F. (1) Total Existing Hardcover 6 V/O S.F. Excludable Hardcover(See City Code Sec 784684): K AEr"AiA/'4-'t Gt/AG�S 77 S.F. S.F. S.F. S.F. S.F. (2) Total Excludable Hardcover 7 7 S.F. (3) Net Existing Hardcover ISubtract line(2)from line(1)] 5 33 ? S.F. (4) Total Lot Area 27. 58 y S.F. Proposed Hardcover Percentage [(3)+(4)] 2 2. 96 (Proposed Hardcover next page) IPThis is an information packet regarding Hardcover. Every effort has been made to insure the accuracy of the information contained herein; however,if any information is not consistent with provisions of the City Code,the Code provisions will prevail. Page 8 of 9 Existing Middle Lot (Swenson) _ City of Orono �3.0N Hardcover Calculation Worksheet S Property Address: %'�r� '� 2 965 C.tTC'G PT. RD, (/�(E-T/t/r FiRrtfR TivCivTa,v�.tRCfG) `'t uo' Prepared by: Date: vi/0FRG )4AsroC/•fTES; //VC. /-5-22 Stormwater Quality Overlay District Tier: (Circle one)one) 1Clet.3 Tier 2 Tier 3 Tier 4 Tier 5 Step 1:( XISTING HARDCOVER) In the following table identify all items of existing hardcover on the property, keyed by letter to Certificate of Survey (survey must accompany this form). Use as many lines as necessary to accurately depict existing hardcover status of the property. For Tier 1 properties, identify any features by letter which are split at the 75' setback line and calculate hardcover square footage separately for each portion. Key to Hardcover Item(Describe) Length x Width Total Survey (Square Feet) (Example) (Garage) _(24'x 30') (720 S.F.) A A/ZA -- S.F. B GAit,4G6 7y2. S.F. C ll//A -- S.F. D Ode/YE-'4./1 Y 2?2 0 S.F. _ E ./A — S.F. F /t/!A — S.F. G COAX. toi ri o 00 S.F. H COvcREre' $2 S.F. I STEPS /06 S.F. J W011.1'c' /2YY S.F. K CO,VC. PAr/Q 925,1 AErl,u..vc GaelLz3' $2 /00 S.F. L A C a4D S.F. M Celt/CAC TE /p S.F. N Qt✓'r'r '17EPS 2 yO S.F. • G Arl".1; v,.4..-G 6(. t145 j /Y7 S.F. P SrF/IIA/c rroMES 7/ S.F. Q S.F. R S.F. S S.F. T S.F. U S.F. ✓ S.F. W S.F. X S.F. Y S.F. Z S.F. (1) Total Existing Hardcover 696'$ S.F. Excludable Hardcover(See City Code Sec 78-1684): K "IA//I/i---C U/lt,l T _ S2 S.F. 0 A6'TAiai..yG WA 4t5 /Y3 S.F. _ S.F. S.F. S.F. (2) Total Excludable Hardcover 2ZS S.F. (3) Net Existing Hardcover [Subtract line(2)from line(1)] 6'76'3 S.F. (4) Total Lot Area Z,/. 2`"Q S.F. Proposed Hardcover Percentage [(3)+(4)] 3/. gY % (Proposed Hardcover next page) This is an information packet regarding Hardcover. Every effort has been made to insure the accuracy of the information contained herein; • however,if any information is not consistent with provisions of the City Code,the Code provisions will prevail. Page 8 of 9 Existing Oare Lot City of Orono • .�oN� Hardcover Calculation Worksheet yA ,rs Property Address: 296-7 Arc CO fir'. A 0, (.ARE--5 PS i r ox ii r ii 4 cc ) `'k sHoY Prepared by: Date: GetGti6,fRG #AITC)C/ITFf,/4,C _5-22. Stormwater Quality Overlay District Tier: (Circle one) idaP Tier 2 Tier 3 Tier 4 Tier 5 Step 1 iXISTING HARDCOVER In the following table identify alitems of existing hardcover on the property, keyed by letter to Certificate of Survey (survey must accompany this form). Use as many lines as necessary to accurately depict existing hardcover status of the property. For Tier 1 properties, identify any features by letter which are split at the 75' setback line and calculate hardcover square footage separately for each portion. Key to Hardcover Item(Describe) Length x Width Total Survey (Square Feet) (Example) (Garage) (24'x 30') (720 S.F.) A /4/04JF- 3087 S.F. B . 7ooP /8o S.F. C WA Lk 2 7 S.F. D D.t/IA -um% /887 S.F. E AAT/o 285 S.F. F CovCA cD P.4 T/o /86" S.F. G GvAGk f fT6l,7 /28 S.F. H DFCK AT 4.Akr /72 S.F. I 7TE/S 3 7 S.F. • J A/44 .._ S.F. K /V/.Q S.F. L ti'4 .„ S.F. • M N/A S.F. N /t//tet S.F. O ACT./ia/IAd6 U/o(LLS 2ley S.F. P S.F. Q S.F. R S.F. S S.F. T S.F. U S.F. ✓ S.F. W S.F. x S.F. Y S.F. Z S.F. (1) Total Existing Hardcover 6 3 O ? S.F. Excludable Hardcover(See City Code Sec 78-1684): O R6TA/.V/a/C G(/4445 2 yy S.F. S.F. S.F. S.F. S.F. (2) Total Excludable Hardcover 2 yy S.F. (3) Net Existing Hardcover [Subtract line(2)from line(1)] K 05'2 S.F. (4) Total Lot Area 2 O,PS/ S.F. Proposed Hardcover Percentage [(3)t(4)] 2 9..06" °k (Proposed Hardcover next page) • This is an information packet regarding Hardcover. Every effort has been made to insure the accuracy of the information contained herein; however,if any information is not consistent with provisions of the City Code,the Code provisions will prevail. Page 8 of 9 Abbott + new portions of middle (Swenson) lot City of Orono ��No Hardcover Calculation Worksheet S � r Property Address: 22y/ Colic(' AT ,4 O C,vc— 46d 07T //Acct) r44.1,..FE(. Prepared by: Date: GR o�tS FR F ,t Ay/.o c ii! E I, Mor Date: -5-2 Stormwater Quality Overlay District Tier: (Circle one) CM Tier 2 Tier 3 Tier 4 Tier 5 Step 1: STING HARDCOVEP propose In the following table identify an items of exiting hardcover on the property, keyed by letter to Certificate of Survey (survey must accompany this form). Use as many lines as necessary to accurately depict existing hardcover status of the property. For Tier 1 properties, identify any features by letter which are split at the 75' setback line and calculate hardcover square footage separately for each portion. Key to Hardcover Item(Describe) Length x Width Total Survey (Square Feet) (Example) (Garage) (24'x 30') (720 S.F.) A f/O 'j- 2 987 S.F. B GAR A QC 7412 S.F. C 'OA1/EA (4/s4CK U E4t/AY y752 S.F. E D ECk t STEPS 378 S.F. F A9AI,ER 1047-10 f C.riALk /97 S.F. G co'ic, PAT/0 4100 S.F. H Co,cicRFTE e8 S.F. BoRDERS 77 S.F. Conic. //a CsAllEA TNED 72 S.F. K /ETA/ti,A/G GeJAtcS /59 S.F. L BOAT Noire- /2C S.F. M DECK Ar BOAT NrcfJE /07 S.F. N jr-FAS 'u'/trtcr 122 S.F. S.F. P S.F. Q S.F. R S.F. S S.F. _ T S.F. U S.F. ✓ S.F. W S.F. X S.F. Y S.F. Z _ S.F. (1) Total Existing Hardcover /gr If 9y, S.F. Excludable Hardcover(See City Code Sec 78-1684): K /efiT.ft.virt/0 eA41 t tS _ /59 S.F. S.F. S.F. S.F. S.F. (2) Total Excludable Hardcover /S9 S.F. (3) Net Existing Hardcover [Subtract line(2)from line(1)) I0, 3y0 S.F. (4) Total Lot Area .3 7. GOD S.F. Proposed Hardcover Percentage [(3) (4)] 2 7.50 (Proposed Hardcover next page) This is an information packet regarding Hardcover. Every effort has been made to insure the accuracy of the information contained herein; • however,if any information is not consistent with provisions of the City Code,the Code provisions will prevail. Page 8 of 9 Oare + new portions of middle (Swenson) lot City of Orono 411 �otio Hardcover Calculation Worksheet I Property Address: /4 A Cr(-) 2 9 6 7 f'./.F ca PT,�t.D. (Alf w 4.1 R E ikEs„00. Prepared by: Date: _..a „ GRo,v8ERC yeAr,rOc/,1 rel, /�+C. ., 2 --Z-- /- z/-a2 Stormwater Quality Overlay District Tier: (Circle one) MIP Tier 2 Tier 3 Tier 4 Tier 5 Step 1:(EXISTOIGHARD COVE-PProposed In the following table identify all items of eting hardcover on the property, keyed by letter to Certificate of Survey (survey must accompany this form). Use as many lines as necessary to accurately depict existing hardcover status of the property. For Tier 1 properties, identify any features by letter which are split at the 75' setback line and calculate hardcover square footage separately for each portion. Key to Hardcover Item(Describe) Length x Width Total Survey (Square Feet) (Example) (Garage) (24'x 30') (720 S.F.) A Not,If 1 o87 S.F. B ,SToaP /8.0 S.F. C ckJA K _ Z7 S.F. D D,[/vft-cm Y /887 S.F. E /A 7/[1 2$5 S.F. F COA/EAro lt7VO /86 S.F. G MIA CK 0 rrE,S /'8' S.F. H 1E-CkAr Z.4kE /72 S.F. I STE/S /Y3 S.F. J N4‘•VE- /2 YY S.F. K C ,c. /Aria 975 S.F. L A C /A D d6 S.F. • M COLI CAfre / 9 S.F. N O Ff k f r7F OT C3 TEPf 6Er,t� tt(`r�e01,�4=//'1 Jp -VS.- 126S.F. G RErAIA,ivr" tv/[tS 387 S.F. P rrrPl1Arc Sralt41" (8E//vG AMov(/) — S.F. Q _ PA.4K,vc fp,s«a' (P.to/QJEe 3e6' S.F. R S.F. S S.F. T S.F. U S.F. ✓ S.F. W S.F. X S.F. Y S.F. Z S.F. (1) Total Existing Hardcover 9/80 S.F. Excludable Hardcover(See City Code Sec 78-1684): Q ,E7A..vi. 'c aliCts 3'87 S.F. S.F. S.F. S.F. S.F. (2) Total Excludable Hardcover 3 8 7 S.F. (3) Net Existing Hardcover [Subtract line(2)from line(1)] ?7 93 S.F. (4) Total Lot Area 32.07.5- S.F. Proposed Hardcover Percentage [(3)+(4)] 2 7. f/ "/o (Proposed Hardcover next page) 1110 This is an information packet regarding Hardcover. Every effort has been made to insure the accuracy of the information contained herein; however,if any information is not consistent with provisions of the City Code,the Code provisions will prevail. Page 8 of 9 PC Exhibit F Lot Area & Hardcover Summary S (Staff Calculations) Lot Area Existing Lot Area Proposed Abbott 27,584 s.f. Abbott 37,600 s.f. Swenson 21,240 s.f. Oare + 20,851 s.f. Oare + 32,075 s.f. Total 69,675 s.f. Total 69,675 s.f. Hardcover Existing Hardcover Proposed Abbott 6,333 s.f. 23% Abbott 10,340 s.f. 27.5% Swenson 6,763 s.f. 31% Oare + 6,059 s.f. 29% Oare + 8,793 s.f. 27.4% Total 19,155 s.f. 27.4% Total 19,133 s.f. 27.4% Proposed Hardcover Changes Removals: Additions: • 71 s.f. stepping stones (both) 306 s.f. proposed new driveway (Oare) 114 s.f. lake stair removal (Oare) 143 s.f. driveway removal (Abbott) Total removals 328 s.f. • PC Exhibit G Abbott 411/ From: Michele Abbott To: Melanie Curtis Subject: Support for Tim and Leslie Oare Conditional Use Permit Date: Wednesday,January 19,2022 8:14:42 AM We live next door to Tim and Leslie Oare, and are the neighbors closest to the carriage house for which they are requesting a Guest House Conditional Use Permit(CUP). We are in total support of their request and have no issue with their using this property for occasional guests. In fact,we strongly favor this over having the property individually owned with permanent residents. We anticipate that transitioning the home away from a residence will reduce congestion and noise on the small property and lakeshore. From an historical perspective,the home was formerly a carriage house. It was split off of the primary property years ago to make it an independent home. Allowing the house to be a guest house reverts the home to something much closer to its original use. As a neighbor,this is a preferred situation to having a completely separate residence on the small property sandwiched between our property and the Oare property. We hope the city will approve this CUP Michele and John Abbott 2941 Casco Point Road 763.442.4851 • i Adams January 2022 Hi Neighbors, We live at 2967 Casco Point Road and are seeking approval from you on the following: The original carriage/guest house was divided and sold off years ago. I believe sometime in the 1980's. When this occurred it created a nonconforming lot with an inconsistent "average lake shore setback". In the spring of 2021 we purchased the property (2965 Casco Point Road) with The Abbott's who live at 2941 Casco Point Road. We purchased it together with the intent of splitting the property and therefore, eliminating the Abbott's driveway easement through the property, eliminating the nonconformity, eliminating the inconsistent average lake shore setback, and at the same time combine the carriage/guest house back with the original property. • We are seeking your signature to get approval for the conditional use permit for a guest house variance to allow the house to be combined with the original property. We need the variance since part of the property will be combined with the Abbott property. We do not plan to make any changes to the property. Thank you Tim & Leslie Oare 612-790-9185 2967 Casco Point Road Wayzata, MN 55391 Ct &VA', Zq Z-7 Casco Name Address: • Goodwin January 2022 Hi Neighbors, We live at 2967 Casco Point Road and are seeking approval from you on the following: The original carriage/guest house was divided and sold off years ago. I believe sometime in the 1980's. When this occurred it created a nonconforming lot with an inconsistent "average lake shore setback". In the spring of 2021 we purchased the property (2965 Casco Point Road) with The Abbott's who live at 2941 Casco Point Road. We purchased it together with the intent of splitting the property and therefore, eliminating the Abbott's driveway easement through the property, eliminating the nonconformity, eliminating the inconsistent average lake shore setback, and at the same time combine the • carriage/guest house back with the original property. We are seeking your signature to get approval for the conditional use permit for a guest house variance to allow the house to be combined with the original property. We need the variance since part of the property will be combined with the Abbott property. We do not plan to make any changes to the property. Thank you Tim & Leslie Oare 612-790-9185 2967 Casco Point Road Wayzata,MN 55391 -P1A-6- _Ve,' (yx)'I Name Address: • Brown January 2022 Hi Neighbors, We live at 2967 Casco Point Road and are seeking approval from you on the following: The original carriage/guest house was divided and sold off years ago. I believe sometime in the 1980's. When this occurred it created a nonconforming lot with an inconsistent "average lake shore setback". In the spring of 2021 we purchased the property (2965 Casco Point Road) with The Abbott's who live at 2941 Casco Point Road. We purchased it together with the intent of splitting the property and therefore, eliminating the Abbott's driveway easement through the property, eliminating the nonconformity, eliminating the inconsistent average lake shore setback, and at the same time combine the carriage/guest house back with the original property. • We are seeking your signature to get approval for the conditional use permit for a guest house variance to allow the house to be combined with the original property. We need the variance since part of the property will be combined with the Abbott property. We do not plan to make any changes to the property. Thank you Tim & Leslie Oare 612-790-9185 2967 Casco Point Road Wayzata, MN 55391 Name Address: • From: Bonnie Martinson Martinson • To: Melanie Curtis Subject: Proposed parking spaces for 2941 Casco Point Road Date: Tuesday,February 15,2022 4:35:02 PM Melanie, Thanks for the sketch of the property listed above. Issue#1: Now,what are you people thinking to allow parking on a hill on a narrow road with them backing out into the main road. This is a major safety issue. I see it all the time with the cars parked along side there now. Trucks and garbage haulers can barely get by now and wait till Spring comes with people hauling boats on the roadway. This really needs to be reconsidered. Issue#2: What are they using for hard cover? We already have a drainage issues with the water,mud and pollutants washing down the street into the drain and my yard,which washes into the lake. Has anybody been here to see what this looks like in real life? I am vehemently opposed to such a proposal on the parking spaces. As far as the rest it's far enough off the road to not cause any problems. Why don't they have the parking spaces on the upper part of their properties where there would not be a safety or hard cover problem. I look forward to hearing a response to my concerns. • Thank you Bonnie Bonnie Martinson bonniemartinson 17(agmail.com to .Q W0 V O. vilit4 n �_ 4 �' - • 4 N - 4-y { C'J ` .C5 / 4 15 0 . . -'. �� O ,R £ . . _ ` 9'., F,....�,..fir 0 O O o 4 . Y uV 7.. a .0 CL {C ''''4e*, 4. X31 �"v` /o b ,s < • ''' ik • ' ...., 4 '7 ..'-.,' W _ c - sf - . . ,44i,, -- ..:.... „ - - zo.ii• -1E - ; e 3 Lim N • Paw. �C _ A. • - .?'ll.' •'Z'' la ..' 46' , 0,. ' - , 9... ' .10..--,.= .r- ''''' . N ,i�, �'Fj,4 v4,.., ,,.., _ - '-8;:*. ,.: la. ,, -,...-*iis \\ .......,, u -• _. A41- - ,§"r, : v . cf. .. . .. 0‘, • ' ,:11 /13'.•----.S•' , 4 ri . "1* • ,.,,'9 ' - • '-' • /AI '' - 4 -.i-r)i• — '- 0 .. U rn i 41C •; .' CI) f - ' .. ---.:1'.' ...'''- ,- " ' :'-'-'-,7 ':i*,*,:.;: ': C.. I k . .. ,,..1 . _. .. , !:, * siz 1°,4, ' • toP3 110 -' ,�,, ry �, t ?' V 1 ,y`.. wr. .e.,,..( xcl ., tr .,.,_:.: \,. 0. .y \ ,,0_ , , .„),,. : _. .,. ...40 . . : . -0* * co r 30.yam tib .io),- . � � ! 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PC Exhibit I 38 20-117-23 31 0026 38 20-117-23 31 0048 38 20-117-23 31 0064 STEVEN G SIGAFOOS NANCY G BROWN TIMOTHY J OARE . 2900 CASCO PT RD 2933 CASCO POINT RD LESLIE M OARE WAYZATA MN 55391 WAYZATA MN 55391 2967 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 31 0028 38 20-117-23 31 0049 38 20-117-23 31 0065 ANGELA L WILSON DON ADAMS&SHEILA ADAMS THE CITY OF ORONO 2910 CASCO POINT RD 2927 CASCO POINT RD P O BOX 66 WAYZATA MN 55391 WAYZATA MN 55391 CRYSTAL BAY MN 55323 38 20-117-23 31 0032 38 20-117-23 31 0050 38 20-117-23 31 0072 EMMA LOU POWELL JENNIFER L BREKKEN MICHAEL D BARRETT 2916 CASCO PT RD 2690 DEER RUN TRAIL E 2912 CASCO POINT RD WAYZATA MN 55391 ORONO MN 55356 WAYZATA MN 55391 38 20-117-23 31 0033 38 20-117-23 31 0051 38 20-117-23 31 0073 PAULA NUNES DIAS KANNE ALYSSA DWYER&ERIC BIERMANN DANIEL CLEMENT PALMER RYAN G KANNE 2915 CASCO POINT RD THERESA LYNN PALMER 2920 CASCO POINT RD WAYZATA MN 55391 2918 CASCO POINT RD WAYZATA MN 55391 WAYZATA MN 55391 38 20-117-23 31 0034 38 20-117-23 31 0052 38 20-117-23 34 0001 JONATHAN A MENTH TODD M BALAN JAY S HULBERT 2930 CASCO POINT RD 2905 CASCO POINT RD 3035 CASCO POINT RD WAYZATA MN 55391 WAYZATA MN 55391 WAYZATA MN 55391 • 38 20-117-23 31 0035 38 20-117-23 31 0053 38 20-117-23 34 0002 ROBERT G SORENSEN GREGGORY A SMITH STEVEN&IRENE STANDA STACI D SORENSEN MELANIE S SMITH 3025 CASCO POINT RD 2940 CASCO POINT RD 2895 CASCO POINT RD WAYZATA MN 55391 WAYZATA MN 55391 WAYZATA MN 55391 38 20-117-23 31 0036 38 20-117-23 31 0055 38 20-117-23 34 0003 PAUL F JOHNCOX ALYSSA DWYER&ERIC BIERMANN DANIEL&HELENA SEIDEL 2948 CASCO POINT RD 2917 CASCO POINT RD 3015 CASCO PT RD WAYZATA MN 55391 WAYZATA MN 55391 WAYZATA MN 55391 38 20-117-23 31 0038 38 20-117-23 31 0060 38 20-117-23 34 0023 ED PEKARIK JR JERRY&BONNIE MARTINSON CASCO POINT LLC 2990 CASCO POINT RD 2970 CASCO POINT RD S 2987 CASCO POINT RD WAYZATA MN 55391 WAYZATA MN 55391 WAYZATA MN 55391 38 20-117-23 31 0045 38 20-117-23 31 0061 38 20-117-23 34 0024 NEIL GOODWIN/BARBARA GOODWIN JONATHAN R&AMY R MILLER CASCO POINT LLC 2975 CASCO POINT RD 2980 CASCO POINT RD 2987 CASCO POINT RD WAYZATA MN 55391 WAYZATA MN 55391 WAYZATA MN 55391 0 38 20-117-23 31 0047 38 20-117-23 31 0063 38 20-117-23 34 0025 MICHELLE WILLIAMS-ABBOTT TR DENNIS-OARE TRUST JAMIE GRANT 2941 CASCO POINT RD MICHELE WILLIAMS-ABBOTT TRU 3020 CASCO POINT RD WAYZATA MN 55391 2967 CASCO POINT RD WAYZATA MN 55391 WAYZATA MN 55391 38 20-117-23 34 0026 LEAH CARLSON JOEL S CARLSON • 5990 KIMBERLY LA N PLYMOUTH MN 55446 38 20-117-23 34 0027 CASCO POINT LLC 2987 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 42 0005 CITY OF ORONO PO BOX 66 CRYSTAL BAY MN 55323 38 20-117-23 42 0006 HENNEPIN FORFEITED LAND NOT FOR SALE/UNDER WATER IN LAKE MTKA • • PC Exhibit J Hennepin County Locate & NotifyMap 11/ l ' Date: 2/8/2022 } 3600 13t 1 kr, .71 2918 2914 Pt) 1731 ��asC�"p'011, , ,2900 51 ►.. % 2912 "' • l-.42,, II .�,:. 13i 2917 �``-5, 2925 2927 111 st • /k.ti2948 , , 933.,73; : 965 F'' 2370 Pr t 2'986 - istt • 2y;,,as, iia 990'X'G �aA ivi 01, 102(1 t "'"et.., 3026 2981ac 3430 tit, low` 0, ,: 3015 ,7, 3040 ;0250r 3045 rr, 3• ru 411) 3065 0551 N. M 3085 iv) 3061M 3095 Or 11-it Buffer Size: 500 0 50 100 200 Feet Map Comments: 1 1 ( 1 1 ) ) ) I 2967 Casco Point Rd. This data (i) s furnished 'AS IS' with no representation as to completeness or accuracy; (i)is fumshed with no warranty of any kind; and (ii) is notsuitable for legal, engineering or surveying • purposes.Hennepin County shall not be liable for any damage,injury or loss resulting from the data. For more information,contact Hennepin County GIS Office 300 6th Street South,Minneapolis,MN 55487 f gi s.i nfo@hen ne pi n.us • From: To: bonnie Martinson Melanie Curtis Subject: Re: Proposed parking spaces for 2941 Casco Point Road Date: Friday,February 18,2022 9:52:44 AM Melanie, If there is a snow storm on Tuesday as predicted I will not be able to attend the meeting, so I would like to have the planning commission be aware of the water drainage issues in addition to the safety issue I listed earlier. If more hard cover is added to the property along the roadway it would just add more water ending up in my back yard. Please see enclosed pictures of what it looks like when we get rain. Thanks for considering my input into your decisions regarding this request. Water running down Casco along my drive. Water running down the side of my house to the lake. My backyard. • ,1;00 • * 4P ipp • • • ., aft J f.:1,,, 4 v /1 410 - t, .1d r i On Feb 17, 2022, at 11:17 AM, Melanie Curtis <MCurtis@ci.orono.mn.us> wrote: The meetings are all held in our City Council chambers connected to the City Hall building. Melanie Curtis 1-A1952.249.4627 ®Jncurtis(aci.orono.mn.us All permitting is now done through our new online portal - LINK! From: Bonnie Martinson [mailto:bonniemartinson17Pgmail.com] • Sent:Thursday, February 17, 2022 10:48 AM To: Melanie Curtis<MCurtisPci.orono.mn.us> Subject: Re: Proposed parking spaces for 2941 Casco Point Road Thanks Melanie. Where are the meetings held? Bonnie On Feb 16, 2022, at 9:34 AM, Melanie Curtis <MCurtis@ci.orono.mn.us>wrote: Bonnie I will include a copy of your comments in the packet. I encourage you to attend Tuesday night's meeting so you can ask your questions of the applicant. If you are unable to attend the meeting will be livestreamed on our website.You can find the meeting date and you can click to watch the in progress meeting. • Thank you for your comments. • Melanie Curtis 952.249.4627 mcurtisPci.orono.mn.us All permitting is now done through our new online portal - LINK! Original Message From: Bonnie Martinson [mailto:bonniemartinson17Pgmail.com] Sent:Tuesday, February 15, 2022 4:35 PM To: Melanie Curtis<MCurtisPci.orono.mn.us> Subject: Proposed parking spaces for 2941 Casco Point Road Melanie, Thanks for the sketch of the property listed above. Issue#1: Now,what are you people thinking to allow parking on a hill on a narrow road with them backing out into the main road. This is a major safety issue. I see it all the time with the cars parked along side there now. Trucks and garbage haulers can barely get by now and wait till Spring comes with people hauling boats on the roadway. This really needs to be reconsidered. • Issue#2: What are they using for hard cover? We already have a drainage issues with the water, mud and pollutants washing down the street into the drain and my yard,which washes into the lake. Has anybody been here to see what this looks like in real life? I am vehemently opposed to such a proposal on the parking spaces. As far as the rest it's far enough off the road to not cause any problems. Why don't they have the parking spaces on the upper part of their properties where there would not be a safety or hard cover problem. I look forward to hearing a response to my concerns. Thank you Bonnie Bonnie Martinson bonniemartinson17ltgmail.com 1111 Bonnie Martinson bonniemartinson17@gmail.com Bonnie Martinson • bonniemartinson17@gmail.com • • Date Application Received: January 14,2022 O�l Date Application Considered as Complete:January 28,2022 ` 4,. 60-Day Review Period Expires: March 29,2022 To: Chair Kirchner and Planning Commission Members y Adam Edwards, City Administrator , ikESHOS From: Laura Oakden, LLO Date: February 22, 2022 Subject: LA22-000005, Charles and Deb Welf, 2590 Watertown Road,Variance, Public Hearing Application Summary: The applicant is requesting a 46'front yard setback Staff Recommendation: Planning Department Staff recommends denial. Background The property consists of roughly 3.83 acres with a house and 3 out-buildings. The applicant is proposing to demo the existing detached garage on the north side of the home and build a new addition to the south side of the home. The proposed addition will be one story and include storage,a 3 stall garage and a mudroom. The current detached garage is located to the rear of • the home and is in close proximity to the septic infrastructure. The applicant is proposing to place the new garage addition along the front of the home. The applicant designed the addition to protect the existing established trees located to the east of the home behind the proposed addition. The addition will be screened from the road with the existing landscaping located along Watertown Road. Practical Difficulties Analysis Applicant Submittal Information:The applicant has identified the existing conditions of the current home location, location of the septic system and the existing established trees as practical difficulties supporting the requested variance.Additionally,they have provided supporting documentation regarding Practical Difficulties attached as Exhibit B, and should be asked for additional testimony regarding the application. Planning Staff Practical Difficulty Analysis: Regarding practical difficulty, Staff finds there is inherent with the existing locations of the home, utilities and trees on the property limiting the building envelope. However,the applicant has alternative for expansion with could conform to the setbacks. LOT ANALYSIS WORKSHEET Section 78-420—Setbacks: DISTRICT RR-1B Required Existing Proposed Front 50' 91.9' 46' Rear 50' +/-388' No Change Side Street 30' 162.5' No Change • Interior Side 30' 74.9' No Change LA22-000005 February 22,2022 Page 2 of 4 Wetland 25' or MCWD buffer */-226' No Change • Section 78-420—Lot Area/Width: DISTRICT RR-1B Lot Area Lot Width Required 87,120 s.f. (2 acres) 200' Actual 166,775 s.f. (3.82 acre) 307' at the front yard setback Structural Building Coverage and Hardcover Calculations: The property is over 2 acres in size and is exempt from structural coverage limitations and outside the shoreland district. Applicable Regulations: Front Yard Setback(78-420) The property has a 50'front yard setback.The home currently sits roughly 92'front the front property line and the applicant is requesting a 46'from the front property line. Governing Regulation:Variance(Section 78-123) In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. §216C.06, subd. 14,when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located.The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. According to MN §462.357 Subd. 6(2)variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance. The proposed addition is not in harmony with the intent of the ordinance. 2. The variance is consistent with the comprehensive plan. The addition and use of the property 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 use of the property a garage and storage addition to an existing single family home are in line with the permitted controls. b. There are circumstances unique to the property not created by the landowner; The home was built in 1900.The applicant wishes to add a 3 stall garage. The applicant stated the existing home location, existing septic and tree locations are practical difficulties which limit the building envelope of the property. Staff finds the owner has reasonable use of the lot for a single family home. There • LA22-000005 February 22,2022 Page 3 of 4 • are also other conforming locations that would allow for addition to the home, and c. The variance will not alter the essential character of the locality. The applicant states the proposed addition would not alter the character of the neighborhood and it would not impact the neighbors. There is also substantial vegetation surrounding the home. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination. 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 17, when in harmony with Orono City Code Chapter 78.This condition is not applicable. 6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located.This condition is not applicable,as single family house is an allowed use in the RR-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. Staff finds that the location of the existing home and septic system are peculiar but a reasonable building envelope is still available • for additions to the home in conforming locations. 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 and septic do not apply to other properties in the district. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.The new garage addition would be located in the front yard setback. The applicant states the existing location of the home and existing septic and established trees creates practical difficulty for the owner in allowing a useful and enjoyable space for on the existing homes. Staff finds the use and enjoyment of the property is currently being met with a single family home. 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 variance will not impair health, safety, comfort or in any other respect be contrary to the intent of the zoning code. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty.The proposed addition would serve as a convenience as the use of the property for a single family home is met with open space within a conforming building envelope of the property. 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 LA22-000005 February 22,2022 Page 4 of 4 To date, no public comments have been received. Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? 2. Does the Planning Commission find that the variance(s), if granted, will not alter the essential character of the neighborhood? 3. Does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested variance(s)? 4. Are there any other issues or concerns with this application? Planning Staff Recommendation Planning Department Staff has determined while the variance is relatively modest, the practical difficulties standards have not been proven. Staff cannot support a variance. List of Exhibits Exhibit A. Application and Narrative Exhibit B. Practical Difficulties Documentation Form Exhibit C. Existing& Proposed Survey/Site Plan Exhibit D. Proposed Plans and Elevations Exhibit E. Existing House elevations and Photos Exhibit F. Property Owners List and Map • Letter View PC Exhibit A Land Use Application Summary LA22-000005 •plication Date: 01/14/2022 Address: 2590 Watertown Road Orono, MN 55356 Parcel Number: 3311823440042 Land Use Number: LA22-000005 Application Submitted By: Property Owner Owner: Name: CHARLES WELF &DEBRA WELF Address: 2590 WATERTOWN RD LONG LAKE MN 55356 Applicant: Name: Charles Welf Company: Address: 2590 Watertown Rd Orono, mn 55356 chaswelf@gmail.com Contact Information: Associated Contact: Debra Welf deb.welf@gmail.com Associated Contact: • Associated Contact: Associated Contact: Project Description: Variance for Garage Addition Land Use Application Type: Amendmend Application 0 Appeal of Admin Decision 0 Concept Application 0 Conditional Use Permit ❑ Site Plan Application ❑ Subdivision Application ❑ Subdivision Exception 0 Vacation Application 0 Variance Application 0 h / Applicant Signature: file:///C/Users/loakden/Downloads/Land%20Use%20Application%20Summary%20(14).htm[2/17/2022 1:44:42 PM] We would really appreciate your approving the approx. 4 ft variance. We are replacing like for • like garage space by taking down a semi attached garage and adding a fully attached one story garage. We cannot do this in the same space based on a few factors. The first being the difficulty of building over where our septic lines come out of the house and where existing septic tanks are located.The next factor is the existing garage faces south west and is very visible from the road and it seems out of character for the neighborhood, by tearing that down and putting the new garage on the south side of the house facing direct west the front of the house is now less "busy" and the attached garage fits with the feel of our neighbors plus you don't look directly into the garage and it fits with the house as a whole. The next factor is that we would move the garage back further but there is a beautiful 120 year old giant Norway pine that is amazing (see pictures) we had an arborist come out and help us decide where the drip line is so that we don't impact that tree with this build. The architect actually designed a cantilever for the mudroom, so we don't impact that tree. The last factor is where the garage would have to be located to enter the house, which would be to enter directly next the existing fireplace and would result in two direct entries into the same living room which is odd from a design perspective and doesn't fit with the whole flow of the home. Putting the garage on the Southside of the house also allows for a secondary entry into the home that is more of a backdoor to a mudroom which is an added bit of safety for us as that is on the two-story side of the house. The mudroom really uses the space needed for the roof lines of the house and garage and adds functionality to the design required for eves and overhangs. The garage will have an attractive window and window box along with landscaping • to match the house and make the road facing side of the house fit with our neighborhood. We also have very large evergreen trees along Watertown road as well as lining out driveway so there is a great deal of privacy. We have planted several new trees and value the preservation of wetlands and greenspace. The last consideration is our mobility I have well controlled MS right now but even with that have fallen twice during last winter trying to get to the garage. This is also our"last" home and keeping everything as level and self-contained is key for us and potential caregivers...oh lord hate to think about that, but it happens when you retire. Thank you for your consideration • Letter'View PC Exhibit B PRACTICAL DIFFICULTIES DOCUMENTATION LA22-000005 LA22-000005 •The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter. Response: Not sure what this means but we are a single family home. 2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. Response: We bought an old property and have had an architect side by side as we improved the home and property we have tried to stay true to the original foot print of the home and it is wor 3. The variance, if granted, will not alter the essential character of the locality. Response: The like for like replacement of the garage is in line with the character of the neighborhood. We have improved the property and this garage addition will really make the house look like an updated version of a very old home instead of an old farm house is ill repair. We don't have any neighbors facing Watertown road to the south which is where the new garage will be aded There are trees on our property as well that line Watertown Road and about a block away there is one house with a Watertown front yard but they are not in our line of sight. We have shrubs along the east side of the property that provide a natural screen, Those neighbors have been very supportive of our improvements and they have all been notified that we was to take sown the old semi attached garage and replace it. 4. Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter. 'sponse: Not sure what this means but I don't think it applies 5. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minnesota Statutes, Section 1163.06, Subd. 2, when in harmony with this Chapter. Response: I'm not sure if this is a practical difficulty but I have MS and I am fortunate to be mobile but I have fallen a couple times this year by the "old" garage based on have to walk outside on snow and ice. Having a truly attached garage would help me a great deal and in the future as we live out our life here it is a key factor in being able to stay mobile with additional mobility things like vans and scooters that can be in the garage and accessible. 6. The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not allowed under this Chapter for property in the zone where the affected person's land is located. Response: Not sure what this means but I don't think it applies 7. The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. . Response: Not Applicable 0The special conditions applying to the structure or land in question are peculiar to such petty or immediately adjoining property. Response: The garage is in line with the new home being build to the west of us. We have 3.8 acres and file:///C/Users/loakden/Downloads/Practical%20Difficulties%20Documentation%20Form%20(11).htm[1/25/2022 2:40:10 PM] Letter View most of our neighbors have 2 so we have good tree and shrub coverage on all sides of our home. 9. The conditions do not apply generally to other land or structures in the district in which said land is located. Response: Not sure what this means but I don't think it applies 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Response: We love our home and have put a great deal of time and money into improving this "old homestead" it is a place we want to live for a long time. As I said beforel have MS and I am fortunate to be I mobile but have fallen a few times this year by the "old" garage based on have to walk outside on snow and ice. Having a truly attached garage would help me a great deal and in the future as we live out our life here it is a key factor in being able to stay mobile with additional mobility things like vans and scooters that can be in the garage and accessible. The tree car garage like for like replacement only requires approx 4 feet of the 50 foot front setback to help us complete of work on this property. 11. The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code. Response: It will not interfere with the zoning in any way. 12. The granting of such variance will not merely serve as a convenience to the applicant but is necessary to alleviate demonstrable difficulty. Response: The ability to attach the garage to the south side of the house is the only way we can get a reasonable entry to the home. Even if we could figure that entry into a "living room" we would still have issues going thru the septic area to get to the north side of the house. We have look at several options and the 4 foot variance we are requesting is the best solution we can find. • file:///C/Users/loakden/Downloads/Practical%20Difficulties%20Documentation%20Form%20(11).htm[1/25/2022 2:40:10 PM] 84 Y4s.�,�s�.°y1`7 r Z J 9S£9S NW 'ONONO 'GVOil NMO12131VM 06SL ;� syy % . ,g �A IM/111044g 1- 7 e 11) //3 N 3 a I S 3 ?l l 3 M g h'lidli P I— 1i 11 JLJU o _) t¢ liTLC- CD ID 0 i Wcp 519.87 V 9 �� z U Q o \0. Asx I siik - .,, li$1., a fj' Isl' 1 4, .t, • ., .1.,,,,...i.„ -of il'W" .4*- #0. .... o Z i,I v wuwiw �I` B.. LI-J, ifiQw 0. 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F:7, ( ww Ipao � 3 2 U .a . r az �1aUFQ � �� CERTIFICATEICAOF �S�URVEY FOR • E ELF OF LOT 8,BLOCK MEADOW WOOD POND HENNEPIN COUNTY, MINNESOTA 50 I --- S 89°10'10" E 306.44 ---.,�47 7 132.57 i .__----PERTIERE / w AT or MEADOW / OaD Y010 \ / Z t ..---5-i \ 2 o c o \ oa,i-- o 0 m o° w J m -A o o' r.o 8 - 9.-3 W EX5 NG BAra • ,.... 2 CF"'" Iw„w to Co woe N 1 ©AT J p W 1.EXISTNG'm II :""Z0°• cn U ...E HORSE 'TT 1 +._\ woe/ 9°% Av , _ 10105 I 00,0 ,., i / J+ \\eL ` .......-'5..._- ' .'— y,,a 50 I I ...Aar �� Iwm MANAGE AW"' �I �IITLRv EASEMENTS ,a i 1410. ' RIFRD�W WOOOR zi \ N 89°10'10" h W 281.96 -- O WATERTOWN ROAD so LEGAL DESORPTION OF PREMISES: Lot B,Block 1,MEADOW WOOD POND •: denotes iron marker found A (sof"): denotes existing spot elevation,mean sea level datum Col) 917--: denotes existing contour Eine,mean sea Navel datum Bearings shown ore based upon an assumed datum. 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This data () is furnished 'AS IS with no representation as to completeness or accuracy; (ii)is fumished with no warranty of any kind; and (ii) is notsuitable for legal, engineering or surveying • purposes.Hennepin County shall not be liable for any damage,injury or loss resulting from this data. For more information,contact Hennepin County GIS Office 300 6th Street South,Minneapolis,MN 55487/gis.info@hennepin.us 38 04-117-23 11 0014 38 04-117-23 12 0021 38 33-118-23 44 0010 JOSEPH G COLIANNI JUDSON K&ALEYA R CHAMPLIN MICHAEL J MULVANNY TAMMI G COLIANNI 2643 THOROUGHBRED LA 141 HACKBERRY HILL 2460 THOROUGHBRED LA LONG LAKE MN 55356 LONG LAKE MN 55356 ill LONG LAKE MN 55356 38 04-117-23 11 0015 38 33-118-23 43 0004 38 33-118-23 44 0011 ERIC L&MONICA F DELATTRE CUSTOM ONE HOMES LLC TIMOTHY MCKENNA 2520 THOROUGHBRED LA 652 BIELENBERG DR#103 DAVID J PETERSON LONG LAKE MN 55356 WOODBURY MN 55125 125 HACKBERRY HILL LONG LAKE MN 55356 38 04-117-23 11 0016 38 33-118-23 43 0009 38 33-118-23 44 0012 KEVIN&HELEN LANDGRAVER G V D H A MARLENE T HARTY 2570 THOROUGHBRED LA 155 GOLDEN VIEW DR 109 HACKBERRY HILL LONG LAKE MN 55356 LONG LAKE MN 55356 LONG LAKE MN 55356 38 04-117-23 11 0017 38 33-118-23 43 0010 38 33-118-23 44 0013 KELLY L LINK&DAVID M LINK M J ANDERSON&K K ANDERSON DUANE E SULANDER 2600 THOROUGHBRED LA 35 GOLDEN VIEW DR 95 HACKBERRY HILL ORONO MN 55356 LONG LAKE MN 55356 ORONO MN 55356 38 04-117-23 11 0020 38 33-118-23 43 0011 38 33-118-23 44 0014 BRADLEY E&MARY J BAKKEN PETER A ROBSON GEOFFREY STANKEVITZ 2525 THOROUGHBRED LA ANN J ROBSON JENNIFER STANKEVITZ LONG LAKE MN 55356 55 GOLDEN VIEW DR 81 HACKBERRY HILL LONG LAKE MN 55356 LONG LAKE MN 55356 • 38 04-117-23 11 0021 38 33-118-23 43 0012 38 33-118-23 44 0015 ANTHONY J CHAVEZ ANN&MICHAEL HILBELINK GREEN ACRES ASSET MGMT LLC MICHELLE H CHAVEZ 85 GOLDEN VIEW DR 1907 WAYZATA BLVD E#300 2575 THOROUGHBRED LA LONG LAKE MN 55356 WAYZATA MN 55391 LONG LAKE MN 55356 38 04-117-23 11 0022 38 33-118-23 43 0013 38 33-118-23 44 0016 GARY A&KATHY P GULLO KAREN D JOHNSON DUANE H LUND&VICKI J LUND 2605 THOROUGHBRED LA 2215 BAYVIEW PL 3600 AMERICAN BLVD W LONG LAKE MN 55356 WAYZATA MN 55391 #360 BLOOMINGTON MN 55431 38 04-117-23 11 0023 38 33-118-23 43 0023 38 33-118-23 44 0017 TONY EIDEN COMPANY MATTHEW J PRYBILLA RICHARD W WAGMAN 4100 BERKSHIRE LA KATHELYN V MURRAY 35 HACKBERRY HILL PLYMOUTH MN 55446 140 GOLDEN VIEW DR LONG LAKE MN 55356 LONG LAKE MN 55356 38 04-117-23 12 0008 38 33-118-23 43 0024 38 33-118-23 44 0018 PETER VANOVERBEKE BRIAN J WINKELS RICHARD W WAGMAN 2645 WATERTOWN RD 120 GOLDEN VIEW DR 35 HACKBERRY HILL LONG LAKE MN 55356 LONG LAKE MN 55356 LONG LAKE MN 55356 38 04-117-23 12 0020 38 33-118-23 43 0026 38 33-118-23 44 0019 • CITY OF ORONO CHRISTOPHER J ROHRER RICHARD W WAGMAN PO BOX 66 DEBORA D ROHRER 35 HACKBERRY HILL CRYSTAL BAY MN 55323 160 GOLDEN VIEW DR LONG LAKE MN 55356 LONG LAKE MN 55356 38 33-118-23 44 0035 MORGAN WELLS • CHRISTINA STREY-WELLS 40 TRUFFULA TR LONG LAKE MN 55356 38 33-118-23 44 0036 RAJ K&SHAKUN MAHESHWARI 80 TRUFFULA TR ORONO MN 55356 38 33-118-23 44 0037 BRANDON&JENNIFER L PACKARD 120 TRUFFULA TR LONG LAKE MN 55356 38 33-118-23 44 0038 PAUL KUBISTA&AMY KUBISTA 160 TRUFFULA TR LONG LAKE MN 55356 38 33-118-23 44 0039 STEPHANIE MARIE TODD 200 TRUFFULA TR LONG LAKE MN 55356 • 38 33-118-23 44 0040 SAMUEL K JOHNON ANNA E JOHNSON 155 TRUFFULA TR LONG LAKE MN 55356 38 33-118-23 44 0041 JAMES W HUNT III HEIDI P HUNT 125 TRUFFULA TR LONG LAKE MN 55356 38 33-118-23 44 0042 CHARLES WELF&DEBRA WELF 2590 WATERTOWN RD LONG LAKE MN 55356 38 33-118-23 44 0043 CITY OF ORONO PO BOX 66 CRYSTAL BAY MN 55323 • • Date Application Received: 01/18/2022 Date Application Considered as Complete:01/18/2022 -vLO %jO 60-Day Review Period Expires: 03/19/2022 To: Chair Kirchner and Planning Commission Members y ,4- Adam Edwards, City Administrator �e G� lkESHO°' From: Melanie Curtis, Planner VYIGG Date: 22 February 2022 Subject: #LA22-000007,Alma Homes LLC o/b/o Andrea &Garrett Gronberg, 65 Stubbs Bay Rd N, Variances Public Hearing Application Summary: The applicant is requesting approval of lot area, lot width, side yard setback, and front setback variances in order to build a new home on the property. Staff Recommendation: Planning Department Staff recommends approval. Background The property is situated within the RR-1A zoning district where 5.0 acres in area is required. The property is • substandard with respect to area and width. The property's topography slopes considerably toward the wetland within the 100 foot front setback area. Currently there is a home and 3 detached buildings on the property. The applicant is proposing to redevelop the property with a new home in a similar location as the existing home.They are requesting setback variances due to the site's topography, applied setbacks, and existing shared driveway configuration. They are proposing a home with an attached garage and a rear deck within the front yard setback.The two sheds behind the home are proposed to remain. Practical Difficulties Analysis Applicant Submittal Information:The applicant has identified the property's substandard size,terrain, and the septic system location as practical difficulties supporting the requested variance(s).Additionally,they have provided supporting documentation regarding Practical Difficulties attached as Exhibit B, and should be asked for additional testimony regarding the application. Planning Staff Practical Difficulty Analysis: Regarding practical difficulty, Staff finds there are practical difficulties in the size and width of the property,the sloping topography, and existing conditions supporting variances for a new home. LOT ANALYSIS WORKSHEET Section 78-395—Setbacks: RR-1A Required Existing Proposed Front 100-foot 46' 51.7' Rear 100-foot +250' +250' North Side 50-foot 72' 62' • South Side 50-foot 39' 48.8' Wetland 25' or MCWD buffer ±150' ±150' FILE#LA22-000007 22 Feb 2022 Page 2 of 4 • Section 78-395—Lot Area/Width: The property's boundary extends to the centerline of Stubbs Bay Road. Document No. 10802224 is for a road easement,therefore the property area calculation and front boundary begins at the edge of the 66 foot wide roadway easement. RR-1A Lot Area Lot Width Required 217,800 s.f. (5 acres) 300' Actual 108,180 s.f. (2.48 acre) 165' Section 78-1403—Structural Building Coverage: The property exceeds 2.0 acres,therefore the structural coverage limit does not apply. Applicable Regulations: Lot Area and Lot Width Variances (Section 78-395) 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 a residential district not served with sanitary sewer, such as the subject lot, are able to be redeveloped without variances if specific standards are met;such as: a. The lot area and lot width each meet at least 50 percent of the district standard. The subject lot meets 49%of the area requirement and 55%of the width requirement of the RR-1A district. b. Suitable primary and alternate septic sites are identified on the property and are protected from future development by execution of a covenant. The septic treatment area has been identified by a septic designer and is shown on the survey. c. All other zoning ordinance requirements must be met, including but not limited to the following: • 1. Setbacks. The applicant is requesting variances from the front and side property setback requirements. 2. Hardcover. The property is not subject to hardcover restrictions. 3. Lot coverage by structures. The property is not subject to structural coverage restrictions. 4. Accessory structure requirements. The existing accessory buildings are proposed to remain. The larger building is nonconforming with respect to setback. No changes are proposed. The acreage and the applicant's request for setback variance result in the property's inability to conform to all of the standards above.Therefore, lot width and area variances are required in order to redevelop the property.The ability to develop the property consistent with other existing developed properties in the neighborhood would be limited if the area and width variances are not granted. Front Yard and Side Yard Setback Variances(Section 78-395) The RR-1A district requires a 100-foot front yard setback and a 50-foot side yard setback.The application of the required front setback results in pushing the home further back into the sloped area of the property and closer to the wetland which is not conducive to the type of soils that will support the home, nor is it consistent with the neighborhood.The lot has an existing shared driveway with the neighbors to the south that is proposed to be maintained. The applicant is proposing to situate the home 51.7 feet from the front property line where a 100 foot setback is required and a 46 foot setback currently exists.The new home will meet the north side setback at 62 feet where 50 feet is required;the setback from the south side lot line is 48.8 feet where 50 feet is required. Both the front and south side yard setbacks proposed improve the existing condition. FILE#LA22-000007 22 Feb 2022 Page 3 of 4 0 Governing Regulation:Variance(Section 78-123) In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health,safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems.Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. §216C.06,subd. 14,when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located.The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. According to MN §462.357 Subd. 6(2)variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance.The applicant is proposing to construct a new single family home on a residential lot which is consistent with the intent of the ordinance.The front yard setback and side yard setback variances requested are reasonable considering the upland buildable area of the property and are consistent with the immediate neighborhood. 2. The variance is consistent with the comprehensive plan.The variances resulting in a permit for a new IIII0single family residence in a residential zone are consistent with the Comprehensive Plan. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls;The applicant is proposing to use the property in a reasonable manner with the construction of a single family home.The RR-1A setbacks applied to the lot's relatively narrow width results in limited options to construct a conforming building on the upper portion of the site.The front setback proposed is generally consistent with the existing home and neighbors to the south. b. There are circumstances unique to the property not created by the landowner; The lot's substandard size and topography is not the result of actions by the property owner;and c. The variance will not alter the essential character of the locality. The proposed location of the new home is consistent with the existing home on the property and the character of the neighborhood is not likely to be altered by construction of the residence. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination. 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems.Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06,subd. 17,when in harmony with Orono City Code Chapter 78.This condition is not applicable. 6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located.This condition is not applicable,as a residential home is an allowed use in the RR-1A District. 4. 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. FILE#LA22-000007 22 Feb 2022 Page 4 of 4 8. The special conditions applying to the structure or land in question are peculiar to such property or • immediately adjoining property.The area and width of the property within the RR-1A zoning district is unique to the property and to the immediate neighbors which supports the requested variances. 9. The conditions do not apply generally to other land or structures in the district in which the land is located.The substandard size of the property is unique within the 5-acre rural residential zoning district. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Lot area and lot width variances are necessary for the preservation of the owners'property right;granting the requested setback variances provides a reasonable buildable area on the substandard 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 of the requested variances would not impair health,safety,comfort or morals and would be in keeping with the intent of the zoning code. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty.The relatively narrow lot within the RR-1A district results in limited building areas for construction of a single family home on the high portion of the site.The property's size is unique for the RR-1A zoning district.Granting the requested variances is necessary. The Commission may recommend or Council may impose conditions in granting of variances.Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. • Public Comments To date, no public comments have been received. Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? 2. Does the Planning Commission find that the variance(s), if granted, will not alter the essential character of the neighborhood? 3. Does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested variance(s)? 4. Are there any other issues or concerns with this application? Planning Staff Recommendation Planning Staff recommends approval of the variances. List of Exhibits Exhibit A. Application Exhibit B. Practical Difficulties Documentation Form Exhibit C. Proposed Survey Exhibit D. Proposed Plans and Elevations Exhibit E. Wetland Delineation Information Exhibit F. Property Owners List Exhibit G. Plat Map • PC Land Use Application Summary Exhibit A alication Date: 01/18/2022 X dress: 65 Stubbs Bay Road North Orono,MN 55359 Parcel Number: 3211823340004 Land Use Number: LA22-000007 Application Submitted By: Agent on behalf of property owner Owner: Name: ANDREA MARIE GRONBERG Address: GARRETT GRONBERG 65 STUBBS BAY RD N Applicant: Name: Ethan Kindseth Company: Alma Homes, LLC Address: 2500 Shadywood Road, Suite 750 Orono, MN 55323- ethan@almahomesmn.com Contact Information: Associated Contact: Ethan Kindseth ethan@almahomesmn.com Associated Contact: Garrett Gronberg garrett.gronberg@gmail.com Associated Contact: • Associated Contact: Project Description: New Build Land Use Application Type: Amendmend Application Ll Appeal of Admin Decision Cl Concept Application ( I Conditional Use Permit C Site Plan Application Li Subdivision Application Subdivision Exception Li Vacation Application L Variance Application C: kA"/"'-\Applicant Signature: • PC Exhibit B PRACTICAL DIFFICULTIES DOCUMENTATION FORM L422-000007 1. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning • Chapter. Response: The proposal to build a single family home is reasonable use of this property. This is simply a continuation of the current use of the property. 2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. Response: The property was split into a 2.47 acre lot with 152 of width prior to our ownership. This is substandard lot size for the RR-1A zone. Furthermore, the elevations of the lot and the wetlands in the back of the lot further restrict the area of the lot that would be buildable. In addition to this, there are existing septic systems as well as a great deal of tree coverage that we are seeking to minimize our impact on these. 3. The variance, if granted,will not alter the essential character of the locality. Response: The neighboring parcels and property in the southwest corner of Watertown Rd and Stubbs Bay Rd are all similarly situated and behave closer to neighbors to the East of Stubbs Bay Rd in a RR-1B zone. Furthermore, we are proposing a new house location which is closer to the requirements than that of the structure that is currently in place on the property. 4. Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter. Response: Economic considerations are not factored in our request for variance. Our belief. is that we are proposing the path most congruent with the intent of the Ordinance and also that which would have the least impact on the existing natural topography and tree coverage. • 5. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minnesota Statutes, Section 116106, Subd. 2,when in harmony with this Chapter. Response: N/A 6. The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not allowed under this Chapter for property in the zone where the affected person's land is located. Response: N/A 7.The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two- family dwelling. Response: N/A 8.The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. Response: The width of lot, size of lot, terrain, and wetland provide special conditions that make the request for variances reasonable. We are also making every effort to be cognizant of the existing septic system in place and also to be protective of the existing tree coverage. 9. The conditions do not apply generally to other land or structures in the district in which said land is located. • Response: The requirements within zone RR-1A are for 5 acre lots with 300 feet of width. The neighborhood of 4 parcels on the southwest corner of Watertown Rd and Stubbs Bay Rd are all substandard in comparison to those requirements. The variances requested are consistent with those previously granted in the neighborhood. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. 4111 Response: The variance is necessary to build a single family home consistent with the neighborhood homes. As stated previously, the existing structure is in severe deterioration such that the structure needs to be replaced due to its condition. 11.The granting of the proposed variance will not in any way impair health, safety, comfort, morals,or in any other respect be contrary to the intent of the Zoning Code. 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II ._7_1:11.1 sf 12 8 .- ''-- 5 1 1 ' 11/ 11111 111111II r _ _ 1 g i 1111 i o i W1 W 1 .,: ii 0 0 PC Exhibit E rYllBOARD OF WATER AND SOIL RESOURCES • Minnesota Wetland Conservation Act Notice of Decision Local Government Unit: Minnehaha Creek Watershed District County: Hennepin _ Applicant Name: Ethan Kindseth Applicant Representative:Will Effertz, Kjolhaug Project Name: Gronberg Propberty, 65 Stubbs Bay Rd N, Orono 55359 LGU Project No. (if any):W21-039 Date Complete Application Received by LGU:07/02/2021 Date of LGU Decision: 08/04/2021 Date this Notice was Sent:08/04/2021 WCA Decision Type-check all that apply ® Wetland Boundary/Type ❑ Sequencing ❑ Replacement Plan ❑ Bank Plan (not credit purchase) ❑ No-Loss (8420.0415) ❑ Exemption (8420.0420) Part: ❑ A ❑ B ❑ C❑ D ❑ E ❑ E ❑ G ❑ H Subpart: 02 ❑ 3 ❑ 4 ❑ 5 0 6E D 80 Replacement Plan Impacts(replacement plan decisions only) Total WCA Wetland Impact Area: Wetland Replacement Type: ❑ Project Specific Credits: ❑ Bank Credits: Bank Account Number(s): Technical Evaluation Panel Findings and Recommendations (attach if any) ® Approve ❑ Approve w/Conditions ❑ Deny ❑ No TEP Recommendation LGU Decision ❑ Approved with Conditions (specify below)" 0 Approved' ❑ Denied List Conditions: Decision-Maker for this Application: © Staff ❑ Governing Board/Council LI Other: Decision is valid for: ® 5 years (default) LI Other(specify): 1 Wetland Replacement Plan approval is not valid until BWSR confirms the withdrawal of any required wetland bank credits.For project- specific replacement a financial assurance per MN Rule 8420.0522,Subp.9 and evidence that all required forms have been recorded on the title of the property on which the replacement wetland is located must be provided to the LGU for the approval to be valid. LGU Findings—Attach document(s) and/or insert narrative providing the basis for the LGU decision'. ❑ Attachment(s) (specify): IA Summary: Ethan Kindseth has applied for a wetland boundary&type confirmation for the wetlands located at 65 Stubbs Bay Rd N,Orono, Hennepin County, Minnesota. Legal description: Section 32,Township 118N, Range 23W. The boundary&type approval was requested 07/02/2021 and a complete application was received on 07/02/2021. • A wetland delineation was conducted by Adam Cameron on 05/25/2021. One wetland was delineated within the project area. Wetland 1 was identified as a Type 2/1,fresh (wet) meadow wetland. BWSR NOD Form—November 12, 2019 1 MCWD and BWSR reviewed the boundaries in the field on 07/23/2021. MCWD was in agreement with the wetland boundaries and types identified on site and shown in the delineation report. MCWD approves the wetland boundaries and types as shown in the delineation report.This decision is valid for five years.A future project located on this property may require a permit from the MCWD. 1 Findings must consider any TEP recommendations. Attached Project Documents ® Site Location Map ® Project Plan(s)/Descriptions/Reports (specify): Wetland Delineation Exhibit Appeals of LGU Decisions If you wish to appeal this decision,you must provide a written request within 30 calendar days of the date you received the notice.All appeals must be submitted to the Board of Water and Soil Resources Executive Director along with a check payable to BWSR for$500 unless the LGU has adopted a local appeal process as identified below.The check must be sent by mail and the written request to appeal can be submitted by mail or e-mail. The appeal should include a copy of this notice, name and contact information of appellant(s) and their representatives (if applicable), a statement clarifying the intent to appeal and supporting information as to why the decision is in error.Send to: Appeals&Regulatory Compliance Coordinator Minnesota Board of Water&Soils Resources 520 Lafayette Road North St. Paul, MN 55155 travis.germundson@state.mn.us Does the LGU have a local appeal process applicable to this decision? ❑X Yes' ❑ No 11f yes, all appeals must first be considered via the local appeals process. Local Appeals Submittal Requirements(LGU must describe how to appeal,submittal requirements,fees,etc.as applicable) Appeal of an LGU staff decision. Send petition and $100 fee to: Minnehaha Creek Watershed District 15320 Minnetonka Boulevard Minnetonka, MN 55345 wca@minnehahacreek.org Notice Distribution (include name) Required on all notices: ® SWCD TEP Member:Stacey Lijewski-stacey.lijewski@co.hennepin.mn.us ▪ BWSR TEP Member: Ben Carson- ben.carlson@state.mn.us ❑ LGU TEP Member(if different than LGU contact): ▪ DNR Representative: Mellisa Collins—Melissa.collins@state.mn.us; Lucas Youngsman— lucas.youngsma@state.mn.us ❑Watershed District or Watershed Mgmt.Org.: ® Applicant:ethan@almahomesmn.com ® Agent/Consultant:will@kjolhaugenv.com Optional or As Applicable: ® Corps of Engineers: usace_requests_mn@usace.army.mil ❑ BWSR Wetland Mitigation Coordinator(required for bank plan applications only): ❑ Members of the Public(notice only): 0 Other: BWSR NOD Form—November 12, 2019 2 Signature: Date: • 08/04/2021 This notice and accompanying application materials may be sent electronically or by mail.The LGU may opt to send a summary of the application to members of the public upon request per 8420.0255,Subp.3. • • BWSR NOD Form—November 12, 2019 3 Gronberg Property Orono, Hennepin County, Minnesota Wetland Delineation Report Prepared for Alma Homes, LLC by Kjolhaug Environmental Services Company, Inc. (KES Project No. 2021-104) July 2, 2021 • • Gronberg Property Orono, Hennepin County, Minnesota Wetland Delineation Report TABLE OF CONTENTS Title Page 1. WETLAND DELINEATION SUMMARY 1 2. OVERVIEW 1 3. METHODS 2 4. RESULTS 3 4.1 Review of NWI, Soils, Public Waters and NHD Information 3 4.2 Wetland Determinations and Delineations 3 4.3 Other Areas 4 4.4 Request for Wetland Boundary and Jurisdictional Determination 4 5. CERTIFICATION OF DELINEATION 5 • FIGURES 1. Site Location 2. Existing Conditions 3. National Wetlands Inventory 4. Soil Survey 5. DNR Public Waters Inventory 6. National Hydrography Dataset APPENDICES A. Joint Application Form for Activities Affecting Water Resources in Minnesota B. Wetland Delineation Data Forms C. Precipitation Data D. Reference Photos Gronberg4110 Property p Y Orono, Hennepin County, Minnesota Wetland Delineation Report 1. WETLAND DELINEATION SUMMARY • The 2.47-acre Gronberg Property was inspected on May 25, 2021 for the presence and extent of wetland. • The National Wetlands Inventory(NWI)map did not show any wetlands within the site boundaries. • The soil survey showed Hamel-Glencoe complex(Predominantly Hydric) as the hydric soil types mapped within the site boundaries. • The DNR Public Waters Inventory did not show any DNR Public Waters, Wetlands or Waterways within 1000 feet of the site boundaries. • The National Hydrography Dataset showed one Canal/Ditch approximately 999.4 linear feet south of the site. • One Type 2/1 (PEM1B/PFO1A)wet meadow& forested seasonally flooded basin wetland was delineated within site boundaries. • 1 Gronberg Property Wetland Delineation Report 110 2. OVERVIEW The 2.47-acre Gronberg Property was inspected on May 25, 2021 for the presence and extent of wetland. The property was located in Section 32, Township 118N North,Range 23 West, City of Orono, Hennepin County, Minnesota. The site was situated north of Stubbs Bay, south of Watertown Road and adjacent to Stubbs Bay Road South (Figure 1). The property corresponded to Hennepin County PID#'s: 3211823340004 Gronberg Property consisted of a single family home,manicured lawn,woodland and a single wetland. Topography of the site sloped from 1006 ft MSL on the eastern portion of the site down to 974 ft MSL within the wetland on the western portion. Surrounding land use consisted of single-family residential housing, a public park,woodland and wetlands. One wetland was delineated within the site boundaries. The delineated wetland boundaries and existing conditions are shown on Figure 2. 3. METHODS Wetlands were identified using the Routine Determination method described in the Corps of Engineers Wetlands Delineation Manual (Waterways Experiment Station, 1987)and the • Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Midwest Region (Version 6.1) as required under Section 404 of the Clean Water Act and the Minnesota Wetland Conservation Act. Wetland boundaries were identified as the upper-most extent of wetland that met criteria for hydric soils,hydrophytic vegetation, and wetland hydrology. Wetland-upland boundaries were marked with pin flags that were located using a Trimble R1 GPS Unit. Soils,vegetation, and hydrology were documented at a representative location along the wetland- upland boundary. Plant species dominance was estimated based on the percent aerial or basal coverage visually estimated within a 30-foot radius for trees and vines, a 15-foot radius for the shrub layer, and a 5-foot radius for the herbaceous layer within the community type sampled. Soils were characterized to a minimum depth of 24 inches(unless otherwise noted)using a Munsell Soil Color Book and standard soil texturing methodology. Hydric soil indicators used are from Field Indicators of Hydric Soils in the United States (USDA Natural Resources Conservation Service(NRCS) in cooperation with the National Technical Committee for Hydric Soils, Version 8.1,2017). Mapped soils are separated into five classes based on the composition of hydric components and the Hydric Rating by Map Unit color classes utilized on Web Soil Survey. The five classes include Hydric (100 percent hydric components), Predominantly Hydric(66 to 99 percent hydric 2 Gronberg Property Wetland Delineation Report components), Partially Hydric (33 to 65 percent hydric components), Predominantly Non-Hydric 4111 (1 to 32 percent hydric components), and Non-Hydric (less than one percent hydric components). Plants were identified using standard regional plant keys. Taxonomy and indicator status of plant species was taken from the 2016 National Wetland Plant List(U.S. Army Corps of Engineers 2016.National Wetland Plant List,version 3.3, Engineer Research and Development Center, Cold Regions Research and Engineering Laboratory,Hanover,NH). 4. RESULTS 4.1 Review of NWI, Soils, Public Waters, and NHD Information The National Wetlands Inventory(NWI) (Minnesota Geospatial Commons 2009-2014 and U.S. Fish and Wildlife Service)did not show any wetlands within the site boundaries (Figure 3). The Soil Survey(USDA NRCS 2015) showed Hamel-Glencoe complex(Predominantly Hydric) as the hydric soil types mapped within the site boundaries. Soil types mapped on the property are listed in Table 1 and a map showing soil types is included in Figure 4. Table 1. Soil types mapped on Gronberg Property Symbol Soil Name Acres % of % Hydric Category Area Hydric • Lester loam, 6 to 10 percent o Predominantly Non- L22C2 slopes,moderately eroded 0.6 25.20/0 2 Hydric Lester-Kilkenny complex, 10 Predominantly Non- L41 D2 to 16 percent slopes, 0.2 7.20% 5 Hydric moderately eroded L132A Hamel-Glencoe complex, 0 to 1.7 67.60% 90 Predominantly Hydric 2 percent slopes The Minnesota DNR Public Waters Inventory (Minnesota Department of Natural Resources 2015)did not show any DNR Public Waters, Wetlands or Waterways within 1000 feet of the site boundaries(Figure 5). The National Hydrography Dataset(U.S. Geological Survey 2015) showed one Canal/Ditch approximately 999.4 linear feet south of the site(Figure 6). 4.2 Wetland Determinations and Delineations Potential wetlands were evaluated during field observations on May 25,2021. One wetland was identified and delineated on the property(Figure 2). Corresponding data forms are included in Appendix B. The following descriptions of the wetland and adjacent upland reflects conditions observed at the time of the field visit. Herbaceous vegetation was actively growing at the time of the wetland delineation. Precipitation conditions were within the the normal range based on I 3 Gronberg Property Wetland Delineation Report • available 30-day rolling total precipitation and typical based on the three-month antecedent precipitation data(Appendix C). Wetland 1 was a Type 2/1 (PEM1B/PFO1A)wet meadow and forested seasonally forested basin wetland dominated by reed canary grass with a lesser amount of jewelweed and stinging nettle in the northwestern portion and a canopy of green ash and American elm trees with a shrub layer of common buckthorn and an herbaceous layer of jewelweed, Jack-in-the-pulpit and Pennsylvania buttercup in the southwestern portion. The wetland was saturated at the surface in the center. Adjacent upland consisted of a manicured lawn dominated by Kentucky bluegrass, common dandelion, ground ivy and white clover. Adjacent woodland was dominated by a canopy of green ash and American basswood trees with a shrub layer of common buckthorn and an herbaceous layer of garlic mustard, ground ivy,Virginia creeper and lesser amount of jewelweed. Primary and secondary hydrology indicators were not observed on the upland. The wetland boundary corresponded to a slight topographic rise that coincided with a transition from hydrophytic plant species to upland meadow, manicured lawn and upland woodland. The wetland was not shown as wetland on the NWI map,but fell in an area mapped as Hamel- Glencoe complex(Predominantly Hydric)on the soil survey. Wetland 1 continues offsite to the south of the property boundary. 4.3 Other Areas • No other areas with hydrophytic vegetation or wetland hydrology were observed on the site.No other areas were shown as hydric soil on the soil survey or as wetland on the NWI map. 4.4 Request for Wetland Boundary and Jurisdictional Determination Appendix A of this report includes a Joint Application Form for Activities Affecting Water Resources in Minnesota, which is submitted in request for: (1)a wetland boundary and type determination under the Minnesota Wetland Conservation Act(WCA), (2) delineation concurrence under Section 404 of the Federal Clean Water Act and(3)Approved Jurisdictional Determination under Section 404 of the Federal Clean Water Act for all delineated wetlands, tributaries and ditches on-site. 410 4 Gronberg Property Wetland Delineation Report 5. CERTIFICATION OF DELINEATION The procedures utilized in the described delineation are based on the U.S. Army Corps of Engineers 1987 Wetlands Delineation Manual as required under Section 404 of the Clean Water Act and the Minnesota Wetland Conservation Act. This wetland delineation and report were prepared in compliance with the regulatory standards in place at the time the work was performed. Site boundaries indicated on figures within this report are approximate and do not constitute an official survey product. Delineation completed by: Adam Cameron, Wetland Ecologist/GIS Specialist Minnesota Certified Wetland Delineator No. 1321 Will Effertz,Ecologist/Soil Specialist • Report prepared by: Will Effertz, Ecologist/Soil Specialist 71( Report reviewed by: / Date: July 2,2021 Mark Kjolhaug, Professional Wetland Scientist No. 000845 • 5 • Gronberg Property Wetland Delineation Report FIGURES 1. Site Location 2. Existing Conditions 3. National Wetlands Inventory 4. Soil Survey 5. DNR Protected Waters Inventory 6. National Hydrography Dataset Iii US 12 . . . '.< N „... „,,,_, 0 y 4., RoaQ, ' L:1•. WMertf n, 1111 CAS Ce ___ _ f0 c'M�x�ne OM! Ca _ a .1, _ n _- -.::-- ..---_-11:1- __ _ ` cumin u e _ _= b : `te.:.. °Ran ,is,... &aY�1e Road s .t y tyF . t' _ CRA4 f1''a 1 A ` Stubbs Bay IC Site Boundary tat Lake STrtr? ©OpenStreetMap(and),contributors,CC-BY-SA Figure 1 - Site Location Map N 0 750 Gronberg Property(ICES 2021-104) ����•• I Feet Orono,Minnesota = T A • Note:Boundaries indicated KTKi�!1T LTAT�/'r on this figure are approximate JOLHAUG ENVIRONMENTAL SERVICES COMPANY and do not constitute an ��'�--R official survey product. 1'►rrr.. Source:ESRI Streets Basemap Ni • 12� , . . fr t . tet. r . w*v oaf, v .4.t s, I... ti 4-41 P 4- it _ . = ,,,. ...i.- . .-- -fs- . ,. .-'.. , , .N. .4 . 1... 1,.;., „,,...--------- .4.„ , : ,.._, ,,.„. , - ___---...., „ ,... ,4 .r.., >414=. ii.. '.,''4: ,,, '.*, p.3w 4I �”� �� � r; ,, ' `" ap E.'-' ; A r`s` /iy V i 61 91m *j Wetland 1 rte" 4. 0.64 acre "u _ 1, a �liciL, • .X, y • . t II . , , . .. . ,.0 SP1-1 1„� I \ � "< Aw- ',-7 ' - '—' co *!':„:' --. 0 44 Site Boundary Transect m _ ` � Wetland Boundary (r, Ittit:'.4, ,1 o Hennepin County Lida r 0-4 0 Figure 2 - Existing Conditions N p 75 Gronberg Property (KES 2021-104) ill) ,XI1 1 Feet Orono, Minnesota y Note:Boundaries indicated u T u 7�/r on this figure are approximA ate ' 1 L��LI111V1T F.NVIRONMF.NTAI.SERVICES COMPANY and do not constitute an 1"-----....%--.. official survey product. tr..�►✓ Source:MNGEO Spatial Commons 5: ,.. . '? .-,.z-i nf , , - , .. , ,,,, • > k.,. rte� �` { f� , „`ti • z t �J 4.• ,.. - . . ',� .. n- .,mac ilk . :ti, r 1!- * ct. ' s z agIMB A. 3 .,.. �:1;yrhs ` - C•04,41' .ik e • ,L a 9 y.o` ; -,,. 5 a 21--, '# , r• .4 Site Boundary >_,,, , _ i i`` "MIMIPEM1A :.. ,, PEM1Cvier . Figure 3 - National Wetlands Inventory N 0 200 Gronberg Property(ICES 2021-104) -,:o • Orono,Minnesota A Feet -:f� Note:Boundaries indicated on this figureare approximate : KIOLHAUG FNVIRQN0.4F.NTAI.SF.RVICF.S COMPANY and do not constitute an "��^-� official survey product. �v Source:MNGEO Spatial Commons,USFWS • ( ,- L22C2 L25A \ ' Olt 11522E1 , \ �,. ,amu„ .yW...- oto JUN ,, ,, ,,, , :. . :, ..,:- , ..:, , ,, ,,,„ , ..,.,, iP.' t �.. t 8 4- Site Boundary L47 D2 KHydric/Predominantly Hydric i 1:: Partially Hydric Predominantly Non-Hydric/Non-Hydric .• See narrative for soil series information. Figure 4 - Soil Survey N p 75 Gronberg Property(ICES 2021-104) 11 cr A 6.-1==1 Feet Orono,Minnesota _r., Note:Boundaries indicated 4. on this figure are approximate KJOr xAUG ENVIRON MENTAI.SFRVICFS COMPANY and do not constitute an official survey product. ...►— . Source:MNGEO Spatial Commons,USDA,NRCS Site Boundary i _'> >':. - - ..- Public Ditch/Altered Natural Watercourse0 R nqs . ` .; '`Unnamed(27-841 W) Public Watercourse '• ; Public Waters ' r� ' Unnamed(27-842 W) \t F � a..+.r0" t4 A ` ,uk".. y ..*1 h baa' 4 � � • ' - ,t, ., ''' _..... ' e 1 Ac v 64 A-• is- --':' "t': -.; '..-'.=::::.*1-.',„ - , . 4,.. Acl,i,,01,! ..2.44 .� .r ., } i : dry t. N • , -t: s .,—it, v - ,, ,-_-. -it 41, ,It-t-' G� +' r a i �g w r ^�".as1 ", f ,`�y s''iv �^v `3p<<. ' S • `, s r T; k -,� L W' � 4 .3i,-, ,.- >4 Y*-, k �� ,`k" ..1aR:ti_ •: t �' iipiZos ifix` c y :i>'•�6 � :. 4> �+ 'E Vit'( a; w P .., „� ,, i/ ,-_ a � � =a $ •KBE '',...?.., te ik.,,,,,..., '.•r" '_"+� i' • a , �a .. *_ ih„ d x„, , G `'t . .04%,„›,„°,c. ,--e-.'-:;"Hole . ,. .. . .., , _... „k,A-- ..T,,. : .,,,,„....„ , ..,..TS `< .. y ' t � _ ,... t �O gx L. na �� c , a. Yw ` Minnetonka-Stubbs Bay(27-133-12Pk - - S ` 1 .....,,,,___,,...,„.„ p � � �W ; • j fixa T ti '- _ . i 4.4 ..„. .4„,„:.t e. "I&, ., f,` ' _ ArilliCAL �. 0 Figure 5 - DNR Public Waters Inventory N 0 750 Gronberg Property (KES 2021-104) N! t. Al Feet Orono, Minnesota Note:Boundaries indicated TT u�AATTTT/�--ry on fi ��Lllti[Jl7 F.NVIRONMF.NTAI.SERVICES COMPANY "' andthis do not constgureareituteapproxanimate ��^ official survey product. ,..'►....✓ Source:MNGEO Spatial Commons,MN DNR t.-47 r H t els„ ;Y M , O � .: s tib►.-' j'u`'a", a`i, y -i €� 01. r Site Boundary x.` t. Si. ' _ �,,,Ave , , c 0 • Hydro Junction ,,,17,t,,,‘,,:,,-.N-474-41„ � ' * w1,,. :,,',#.:. pi ,. to ,'' ; . � Artificial Path y ;4, "a. QL .� .P.,‘,... i, . -� , r Canal/Ditch -� a4 C' r, y .ri,7 'e '".v � i Lake/Pond4. t ,� *'� �r t �-iM itt 4 -,- x )t x cs_ i,...,,-,--s,--::;4,. II v ' �• +` -./41•'-;.,11,7'..4*; t .'4 +. is / }i�,.? , ` iq.`a ',,,... ..mo ,eye .It -•,�- ,4 {H- S! 'Vs* ,t,r s L t ti , s •,.. Y$L Y ; ,�, 0 • . . xi p ..,',*.:.:1:'1:4;_.,Y£ L R#�,� 'F ' Y .� i . i t R !. ' SX' . *\ * **4i.";', f a' } y C '+. -s i *�. -, ! ilk, ii W2sP t ,,,„1.....,41111‘,-,i • _ ti x`^ .`,4r a s I ► •�� xr`, .,g'4 it M^'+' • Y' 1" .,, .; r .� • s 1 r A.r .y ... ter` . ., l • ', .tea , ,1 .t'w.�� t: a ,,,f't 44+a "4 %tet w • Js :fir � , // i / _ Figure 6 - National Hydrography Dataset N 0 750 Gronberg Property(KES 2021-104) • ' ! I I Feet Orono, Minnesota (,y Note:Boundaries indicated !1 � on this figure are approximate AL 'e" JO I IVuATilr G F.NVIRONMENTAI.SFRVICF.S COMPANY and do not constitute an ��^^ official survey product, +0••••...0"../ Source:MNGEO Spatial Commons,USGS 0 Gronberg Property Wetland Delineation Report APPENDIX A Joint Application Form for Activities Affecting Water Resources in Minnesota S Joint Application Form for Activities Affecting Water Resources in Minnesota This joint application form is the accepted means for initiating review of proposals that may affect a water resource(wetland, tributary, lake,etc.)in the State of Minnesota under state and federal regulatory programs.Applicants for Minnesota Department of Natural Resources(DNR) Public Waters permits MUST use the MPARS online permitting system for submitting applications to the DNR. Applicants can use the information entered into MPARS to substitute for completing parts of this joint application form (see the paragraph on MPARS at the end of the joint application form instructions for additional information).This form is only applicable to the water resource aspects of proposed projects under state and federal regulatory programs; other local applications and approvals may be required. Depending on the nature of the project and the location and type of water resources impacted, multiple authorizations may be required as different regulatory programs have different types of jurisdiction over different types of resources. Regulatory Review Structure Federal The St. Paul District of the U.S.Army Corps of Engineers(Corps)is the federal agency that regulates discharges of dredged or fill material into waters of the United States(wetlands,tributaries, lakes,etc.) under Section 404 of the Clean Water Act(CWA)and regulates work in navigable waters under Section 10 of the Rivers and Harbors Act. Applications are assigned to Corps project managers who are responsible for implementing the Corps regulatory program within a particular geographic area. State There are three state regulatory programs that regulate activities affecting water resources. The Wetland Conservation Act (WCA)regulates most activities affecting wetlands. It is administered by local government units(LGUs)which can be counties, townships,cities,watershed districts,watershed management organizations or state agencies(on state-owned land).The Minnesota DNR Division of Ecological and Water Resources issues permits for work in specially-designated public waters via the Public Waters Work Permit Program (DNR Public Waters Permits). The Minnesota Pollution Control Agency(MPCA)under Section 401 of the Clean Water Act certifies that discharges of dredged or fill material authorized by a federal permit or license comply with state water quality standards.One or more of these regulatory programs may be applicable to any one project. Required Information Prior to submitting an application,applicants are strongly encouraged to seek input from the Corps Project Manager and LGU staff to identify regulatory issues and required application materials for their proposed project. Project proponents can request a pre- application consultation with the Corps and LGU to discuss their proposed project by providing the information required in Sections 1 through 5 of this joint application form to facilitate a meaningful discussion about their project. Many LGUs provide a venue(such as regularly scheduled technical evaluation panel meetings)for potential applicants to discuss their projects with multiple agencies prior to submitting an application. Contact information is provided below. The following bullets outline the information generally required for several common types of determinations/authorizations. • For delineation approvals and/or jurisdictional determinations,submit Parts 1, 2 and 5,and Attachment A. • For activities involving CWA/WCA exemptions,WCA no-loss determinations,and activities not requiring mitigation, submit Parts 1 through 5,and Attachment B. • For activities requiring compensatory mitigation/replacement plan,submit Parts 1 thru 5,and Attachments C and D. • For local road authority activities that qualify for the state's local road wetland replacement program,submit Parts 1 through 5,and Attachments C, D(if applicable), and E to both the Corps and the LGU. Minnesota Interagency Water Resource Application Form February 2014 Page 1 of 5 Submission Instructions Send the completed joint application form and all required attachments to: U.S Army Corps of Engineers.Applications may be sent directly to the appropriate Corps Office. For a current listing of areas of responsibilities and contact information,visit the St. Paul District's website at: http://www.mvp.usace.army.mil/Missions/Regulatorv.aspx and select"Minnesota"from the contact Information box. Alternatively,applications may be sent directly to the St. Paul District Headquarters and the Corps will forward them to the appropriate field office. Section 401 Water Quality Certification:Applicants do not need to submit the joint application form to the MPCA unless specifically requested. The MPCA will request a copy of the completed joint application form directly from an applicant when they determine an individual 401 water quality certification is required for a proposed project. Wetland Conservation Act Local Government Unit: Send to the appropriate Local Government Unit. If necessary,contact your county Soil and Water Conservation District(SWCD)office or visit the Board of Water and Soil Resources(BWSR)web site (www.bwsr.state.mn.us)to determine the appropriate LGU. DNR Public Waters Permitting: In 2014 the DNR will begin using the Minnesota DNR Permitting and Reporting System(MPARS)for submission of Public Waters permit applications(https://webappsll.dnr.state.mn.us/mpars/public/authentication/login). Applicants for Public Waters permits MUST use the MPARS online permitting system for submitting applications to the DNR. To avoid duplication and to streamline the application process among the various resource agencies,applicants can use the information entered into MPARS to substitute for completing parts of this joint application form. The MPARS print/save function will provide the applicant with a copy of the Public Waters permit application which,at a minimum,will satisfy Parts one and two of this joint application. For certain types of activities,the MPARS application may also provide all of the necessary information required under Parts three and four of the joint application. However,it is the responsibility of the Applicant to make sure that the joint application contains all of the required information, including identification of all aquatic resources impacted by the project(see Part four of the joint application). After confirming that the MPARS application contains all of the required information in Parts one and two the Applicant may attach a copy to the joint application and fill in any missing information in the remainder of the joint application. Minnesota Interagency Water Resource Application Form February 2014 Page 2 of 5 Project Name and/or Number: KES 2021-104 • PART ONE: Applicant Information If applicant is an entity(company,government entity, partnership,etc.),an authorized contact person must be identified. If the applicant is using an agent(consultant,lawyer,or other third party)and has authorized them to act on their behalf,the agent's contact information must also be provided. Applicant/Landowner Name: Ethan Kindseth Mailing Address: 2500 Shadywood Road#750 Orono, MN 55331 Phone: 612-741-9069 E-mail Address: ethan@almahomesmn.com Authorized Contact(do not complete if same as above): Mailing Address: Phone: E-mail Address: Agent Name: Will Effertz Mailing Address: 2500 Shadywood Road#130,Orono MN 55331 Phone: 952-290-6340 E-mail Address: Will@kjolhaugenv.com • PART TWO: Site Location Information County: Hennepin City/Township: Orono Parcel ID and/or Address: 3211823340004 Legal Description(Section,Township,Range): S:32 T:118N R:23W Lat/Long(decimal degrees): Attach a map showing the location of the site in relation to local streets,roads,highways. Approximate size of site(acres)or if a linear project,length(feet): 39.7 acres If you know that your proposal will require an individual Permit from the U.S.Army Corps of Engineers,you must provide the names and addresses of all property owners adjacent to the project site. This information may be provided by attaching a list to your application or by using block 25 of the Application for Department of the Army permit which can be obtained at: http://www.mvp.usace.army.mil/Portals/57/docs/regulatory/RegulatoryDocs/engform 4345 2012oct.pdf PART THREE: General Project/Site Information If this application is related to a delineation approval,exemption determination,jurisdictional determination,or other correspondence submitted prior to this application then describe that here and provide the Corps of Engineers project number. Describe the project that is being proposed,the project purpose and need,and schedule for implementation and completion. The project description must fully describe the nature and scope of the proposed activity including a description of all project elements that effect aquatic resources(wetland, lake,tributary,etc.)and must also include plans and cross section or profile drawings showing the location,character,and dimensions of all proposed activities and aquatic resource impacts. I Minnesota Interagency Water Resource Application Form February 2014 Page 3 of 5 Project Name and/or Number: KES: 2021-104 PART FOUR: Aquatic Resource Impact' Summary S If your proposed project involves a direct or indirect impact to an aquatic resource (wetland, lake, tributary, etc.) identify each impact in the table below.Include all anticipated impacts,including those expected to be temporary.Attach an overhead view map, aerial photo, and/or drawing showing all of the aquatic resources in the project area and the location(s)of the proposed impacts. Label each aquatic resource on the map with a reference number or letter and identify the impacts in the following table. Type of Impact Duration of County,Major Aquatic Existing Plant Aquatic Resource (fill,excavate, Impact Overall Size of Watershed#, Resource Type Community ID(as noted on drain,or Permanent(P) Size of Impact' Aquatic and Bank (wetland,lake, Type(s)in overhead view) remove or Temporary Resource 3 Service Area# tributary etc.) Impact Area4 vegetation) (T)' of Impact Areas llf impacts are temporary;enter the duration of the impacts in days next to the"T". For example,a project with a temporary access fill that would be removed after 220 days would be entered"T(220)". 2lmpacts less than 0.01 acre should be reported in square feet. Impacts 0.01 acre or greater should be reported as acres and rounded to the nearest 0.01 acre. Tributary impacts must be reported in linear feet of impact and an area of impact by indicating first the linear feet of impact along the flowline of the stream followed by the area impact in parentheses). For example,a project that impacts 50 feet of a stream that is 6 feet wide would be reported as 50 ft(300 square feet). 3This is generally only applicable if you are applying for a de minimis exemption under MN Rules 8420.0420 Subp.8,otherwise enter"N/A". 4Use Wetland Plants and Plant Community Types of Minnesota and Wisconsin 3rd Ed.as modified in MN Rules 8420.0405 Subp.2. 5Refer to Major Watershed and Bank Service Area maps in MN Rules 8420.0522 Subp.7. If any of the above identified impacts have already occurred,identify which impacts they are and the circumstances associated with each: PART FIVE: Applicant Signature ❑ Check here if you are requesting a pre-application consultation with the Corps and LGU based on the information you have provided. Regulatory entities will not initiate a formal application review if this box is checked. By signature below, I attest that the information in this application is complete and accurate. I further attest that I possess the authority to undertake the work described herein. 4( � Signature: / � Date: la- I hereby authorize to act on my behalf as my agent in the processing of this application and to furnish, upon request, supplemental information in support of this application. 1 The term"impact"as used in this joint application form is a generic term used for disclosure purposes to identify activities that may require approval from one or more regulatory agencies. For purposes of this form it is not meant to indicate whether or not those activities may require mitigation/replacement. Minnesota Interagency Water Resource Application Form February 2014 Page 4 of 5 Project Name and/or Number: KES:2021-104 • Attachment A Request for Delineation Review, Wetland Type Determination, or Jurisdictional Determination By submission of the enclosed wetland delineation report, I am requesting that the U.S.Army Corps of Engineers,St. Paul District (Corps)and/or the Wetland Conservation Act Local Government Unit(LGU) provide me with the following(check all that apply): ®Wetland Type Confirmation ® Delineation Concurrence. Concurrence with a delineation is a written notification from the Corps and a decision from the LGU concurring, not concurring,or commenting on the boundaries of the aquatic resources delineated on the property. Delineation concurrences are generally valid for five years unless site conditions change. Under this request alone,the Corps will not address the jurisdictional status of the aquatic resources on the property,only the boundaries of the resources within the review area (including wetlands,tributaries, lakes,etc.). Ei Preliminary Jurisdictional Determination.A preliminary jurisdictional determination (PJD) is a non-binding written indication from the Corps that waters,including wetlands,identified on a parcel may be waters of the United States. For purposes of computation of impacts and compensatory mitigation requirements,a permit decision made on the basis of a PJD will treat all waters and wetlands in the review area as if they are jurisdictional waters of the U.S. PJDs are advisory in nature and may not be appealed. ®Approved Jurisdictional Determination.An approved jurisdictional determination(AJD)is an official Corps determination that jurisdictional waters of the United States are either present or absent on the property.AJDs can generally be relied upon by the 0 affected party for five years.An AJD may be appealed through the Corps administrative appeal process. In order for the Corps and LGU to process your request,the wetland delineation must be prepared in accordance with the 1987 Corps of Engineers Wetland Delineation Manual,any approved Regional Supplements to the 1987 Manual,and the Guidelines for Submitting Wetland Delineations in Minnesota(2013). http://www.mvp.usace.army.mil/Missions/Regulatory/DelineationJDGuidance.aspx • Minnesota Interagency Water Resource Application Form February 2014 Page 5 of 5 Gronberg Property Wetland Delineation Report APPENDIX B Wetland Delineation Data Forms • ❑ ❑I ;LI 1I 1D DJ C II IRM ❑0 D❑_ ORM ❑Md,11 III RLEion Project/Site Gronberg Property City/County: Orono/Hennepin Sampling Date: 05/25/2021 Applicant/Owner: See Joint Application Form 41) State: MN Sampling Point: SP1-1U Investigator(s): Will Effertz&Adam Cameron Section,Township,Range: S:32 T118N R:23W Landform(hillslope,terrace,etc.): Hillslope Local relief(concave,convex, none): Linear Slope(%): 2 to 3 Lat: Long: Datum: Soil Map Unit Name Hamel-Glencoe complex VWI Classification: None Are climatic/hydrologic conditions of the site typical for this time of the year? Y (If no,explain in remarks) Are vegetation ,soil ,or hydrology significantly disturbed? Are"normal circumstances" Are vegetation ,soil ,or hydrology naturally problematic? present? Yes LII IMMI IR_I 0: I I I_El :1_i[;', _ (If needed,explain any answers in remarks.) Hydrophytic vegetation present? N Hydric soil present? Y ID 11711['ami I d an a 1 I I IOI1In a[_III land!1 N Indicators of wetland hydrology present? N f yes,optional wetland site ID: Remarks:(Explain alternative procedures here or in a separate report.) 30-day precipitation rolling average within normal range. Typical based on precipitation gridded database. ❑❑[I[v i I17 O❑ -- Use scientific names of plants. Absolute Dominan Indicator Dom!nanm-1:u I r i or❑m[T t 1 Tree Stratum (Plot size: 30 ft Radius ) %Cover t Species Staus Number of Dominant Species 1 that are OBL,FACW,or FAC: 1 (A) 2 Total Number of Dominant 3 Species Across all Strata: 2 (B) 4 Percent of Dominant Species 5 that are OBL,FACW,or FAC: 50.00% (A/B) 0 =Total Cover 40 Sapling/Shrub straturr (Plot size: 15 ft Radius ) i r I al n I ind❑ I[ on>r I Z❑ 1 Total%Cover of: 2 _ OBL species 0 x 1 = 0 3 FACW species 0 x 2= 0 4 FAC species 60 x 3= 180 5 FACU species 40 x 4= 160 0 =Total Cover UPL species 0 x 5= 0 Herb stratum (Plot size: 5 ft Radius ) Column totals 100 (A) 340 (B) 1 Poa pratensis 40 Y FAC Prevalence Index=B/A= 3.40 2 Glechoma hederacea 40 Y FACU 3 Viola sororia 10 N FAC i;dro❑L[_[Ill I ii I ilIaLIn End[liaLbrm 4 Alliaria petiolate 10 N FAC Rapid test for hydrophytic vegetation 5 -Dominance test is>50% 6 -Prevalence index is<_3.0* 7 Morphogical adaptations*(provide 8 supporting data in Remarks or on a 9 _ separate sheet) 10 Problematic hydrophytic vegetation* 100 =Total Cover (explain) Woody vine stratum (Plot size: 30 ft Radius ) *Indicators of hydric soil and wetland hydrology must be 1 present,unless disturbed or problematic 2 I i[dro ❑_ L[: 0 =Total Cover 1 I I IT iarron ❑ri7i I nno N Remarks:(Include photo numbers here or on a separate sheet) • US Amy Corps of Engineers Midwest Region [ OIL –1 11. 'o.nJ SP1-1U [Toll]DLlCrilllllOn❑(DCIII r1,!il1LOEr d Ii]In'ELdd :odo Im_in' I 11nd.SaLoror'onlflm [I1111a111t-n_uo'IInd11aOr ) Depth Matrix Redox Features (Inches) Color(moist) % Color(moist) % Type* Loc** Texture Remarks 0 to 21 10YR 2/1 100 Loam 21 to 48 10YR 2/1 100 Clay Loam `Type:C=Concentration,D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains. "Location: PL=Pore Lining, M=Matrix ❑-7drLl1 Lloll Mdllar or 1 End 7alOrl I[or❑ro[I ma'I'i_ o1"z Histisol(A1) Sandy Gleyed Matrix(S4) Coast Prairie Redox(A16)(LRR HAIR) R) Histic Epipedon(A2) _-Sandy Redox(S5) Dark Surface(S7)(LRR EEL) Black Histic(A3) Stripped Matrix(S6) Iron-Manganese Masses(F12)(LRR❑C L R) Hydrogen Sulfide(A4) Loamy Mucky Mineral(F1) Very Shallow Dark Surface(TF12) Stratified Layers(A5) Loamy Gleyed Matrix(F2) Other(explain in remarks) -2 cm Muck(A10) Depleted Matrix(F3) Depleted Below Dark Surface(A11) Redox Dark Surface(F6) X Thick Dark Surface(Al2) _-Depleted Dark Surface(F7) *Indicators of hydrophytic vegetation and weltand Sandy Mucky Mineral(S1) Redox Depressions(F8) hydrology must be present, unless disturbed or -5 cm Mucky Peat or Peat(S3) problematic R[ r(_o❑ IrlId) i Type: dr Col !rELCn= Y Depth(inches): Remarks: Assumed depleted below thick dark surface Al2 • ❑❑DROLO_J CI U lland [II drolo❑❑[rid:CaibrS: Primary Indicators(minimum of one is required;check all that apply) Secondary Indicators(minimum of two required) Surface Water(A1) Aquatic Fauna(B13) Surface Soil Cracks(B6) High Water Table(A2) True Aquatic Plants(B14) Drainage Patterns(B10) Saturation(A3) -Hydrogen Sulfide Odor(C1) Dry-Season Water Table(C2) Water Marks(B1) -Oxidized Rhizospheres on Living Roots Crayfish Burrows(C8) Sediment Deposits(B2) (C3) -Saturation Visible on Aerial Imagery(C9) Drift Deposits(B3) -Presence of Reduced Iron(C4) Stunted or Stressed Plants(D1) Algal Mat or Crust(B4) Recent Iron Reduction in Tilled Soils Geomorphic Position(D2) Iron Deposits(B5) (C6) -FAC-Neutral Test(D5) —Inundation Visible on Aerial Imagery(B7) Thin Muck Surface(C7) Sparsely Vegetated Concave Surface(B8) Gauge or Well Data(D9) Water-Stained Leaves(B9) -Other(Explain in Remarks) [llld O LED- a 'On[I I Surface water present? Yes No X Depth(inches): Water table present? Yes No X Depth(inches): ndzaror t o❑=stand Saturation present? Yes No X Depth(inches): ❑Cdrolo'I 1❑r-t I n;I N (includes capillary fringe) Describe recorded data(stream gauge,monitoring well,aerial photos,previous inspections),if available: Remarks: No free water or saturation observed to a depth of 48 inches within the sample borehole. • US Army Corps of Engineers Midwest Region in, ID D❑CP IRMQIII II IIO❑ D.l❑❑ LIORM ['M d "I 1 ,RZ.on Project/Site Gronberg Property City/County: Orono/Hennepin Sampling Date: 05/25/2021 411 Applicant/Owner: See Joint Application Form State: MN Sampling Point: SP1-1W Investigator(s): Will Effertz&Adam Cameron Section,Township, Range: S:32 T118N R:23W Landform(hillslope,terrace,etc.): Depression Local relief(concave,convex,none): Concave Slope(%): 0 to 3 Lat: Long: Datum: Soil Map Unit Name Hamel-Glencoe complex VW!Classification: None Are climatic/hydrologic conditions of the site typical for this time of the year? Y (If no,explain in remarks) Are vegetation ,soil ,or hydrology significantly disturbed? Are"normal circumstances" Are vegetation ,soil ,or hydrology naturally problematic? present? Yes ❑❑MM❑RI 1 O❑❑ifilDE❑il (If needed,explain any answers in remarks.) Hydrophytic vegetation present? Y Hydric soil present? Y i❑[ri;Iam_l 1 ar:_a_ .n a HI land Y Indicators of wetland hydrology present? Y f yes,optional wetland site ID: Wetland 1 Remarks:(Explain alternative procedures here or in a separate report.) 30-day precipitation rolling average within normal range. Typical based on precipitation gridded database. ,]❑m,_1 -- Use scientific names of plants. Absolute Dominan Indicator Damvnanm]1 1:11_i or ]TJX] Tree Stratum (Plot size: 30 ft Radius ) %Cover t Species Staus Number of Dominant Species 1 Fraxinus pennsylvanica 45 Y FACW that are OBL,FACW,or FAC: 3 (A) 2 Total Number of Dominant 3 Species Across all Strata: 3 (B) 4 Percent of Dominant Species 5 that are OBL,FACW,or FAC: 100.00% (NB) 45 =Total Cover . Sapling/Shrub straturr (Plot size: 15 ft Radius ) rCl n❑ slid i ! or❑Iii LT 1 Rhamnus cathartics 15 Y FAC Total%Cover of: 2 OBL species 0 x 1 = 0 3 FACW species 130 x 2= 260 4 FAC species 20 x 3= 60 5 FACU species 0 x 4= 0 15 =Total Cover UPL species 0 x 5= 0 Herb stratum (Plot size: 5 ft Radius ) Column totals 150 (A) 320 (B) 1 Impatiens capensis 80 Y FACW Prevalence Index=B/A= 2.13 2 Arisaema triphyllum 5 N FACW 3 Alliaria petiolate 5 N FAC Ell tiro❑❑❑ II I II I]O Clon nd:Ca or]I 4 Rapid test for hydrophytic vegetation 5 X-Dominance test is>50% 6 X-Prevalence index is 553.0* 7 Morphogical adaptations*(provide 8 supporting data in Remarks or on a 9 _separate sheet) 10 Problematic hydrophytic vegetation* 90 =Total Cover (explain) Woody vine stratum (Plot size: 30 ft Radius ) *Indicators of hydric soil and wetland hydrology must be 1 present,unless disturbed or problematic 2 ❑Cldro❑❑ECHl 0 =Total Cover m ta'Ion r r[l IOU] Y Remarks: (Include photo numbers here or on a separate sheet) 0 US Amy Corps of Engineers Midwest Region IO.L am_1I nl l Clo[n!II SP1-1W Oro.111 1DLt 11.1120W I(IX LOC).nnl 1[0[1.1 id'LED n:I d 'o do Lm_n _r_l lndn_a'Or or onJim I IL]nalII I nDEo[llndJra=Or[4 Depth Matrix Redox Features • (Inches) Color(moist) % Color(moist) % Type" Loc** Texture Remarks 0 to 8 10YR 2/1 98 10YR 4/1 2 D M Loam 8 to 42 10YR 2/1 100 , Clay Loam 42 to 46 10YR 5/1 98 10YR 4/6 2 C M Clay Loam "Type:C=Concentration,D=Depletion,RM=Reduced Matrix,MS=Masked Sand Grains. ""Location: PL=Pore Lining,M=Matrix 11odr[Il1loOl EndIllaLor I CndllllaLorl I ror Oromai—_' :dr- o t"L Histisol(A1) Sandy Gleyed Matrix(S4) Coast Prairie Redox(A16)(LRR L-R) Histic Epipedon(A2) _-Sandy Redox(S5) Dark Surface(S7)(LRR oEL) Black Histic(A3) Stripped Matrix(S6) Iron-Manganese Masses(F12)(LRR OCL R) Hydrogen Sulfide(A4) Loamy Mucky Mineral(F1) Very Shallow Dark Surface(TF12) _Stratified Layers(A5) Loamy Gleyed Matrix(F2) _Other(explain in remarks) 2 cm Muck(A10) Depleted Matrix(F3) Depleted Below Dark Surface(A11) Redox Dark Surface(F6) X Thick Dark Surface(Al2) -Depleted Dark Surface(F7) "Indicators of hydrophytic vegetation and weltand Sandy Mucky Mineral(S1) Redox Depressions(F8) hydrology must be present,unless disturbed or 5 cm Mucky Peat or Peat(S3) problematic R[II ItLCEII ILal I t(irro[JCcrJEd)E Type: [3 Aril!!❑od[r:E in Y Depth(inches): Remarks: • 11 IDROLO❑❑ hand [1[drolo[roEnd[11aLorL111 Primary Indicators(minimum of one is required;check all that apply) Secondary Indicators(minimum of two required) Surface Water(Al) Aquatic Fauna(B13) Surface Soil Cracks(B6) High Water Table(A2) -True Aquatic Plants(B14) Drainage Patterns(B10) Saturation(A3) -Hydrogen Sulfide Odor(C1) Dry-Season Water Table(C2) Water Marks(B1) -Oxidized Rhizospheres on Living Roots Crayfish Burrows(C8) Sediment Deposits(B2) (C3) -Saturation Visible on Aerial Imagery(C9) Drift Deposits(B3) Presence of Reduced Iron(C4) -Stunted or Stressed Plants(D1) Algal Mat or Crust(B4) -Recent Iron Reduction in Tilled Soils X Geomorphic Position(D2) Iron Deposits(B5) (C6) X FAC-Neutral Test(D5) Inundation Visible on Aerial Imagery(B7) Thin Muck Surface(C7) Sparsely Vegetated Concave Surface(B8) Gauge or Well Data(D9) Water-Stained Leaves(B9) -Other(Explain in Remarks) oI td OOnf t HriOnJE Surface water present? Yes No X Depth(inches): Water table present? Yes No X Depth(inches): mdulaloroo[li 11 Mand Saturation present? Yes No X Depth(inches): O=droloo 1l rl I EnY (includes capillary fringe) Describe recorded data(stream gauge,monitoring well,aerial photos,previous inspections),if available: Remarks: • US Army Corps of Engineers Midwest Region • Gronberg Property Wetland Delineation Report APPENDIX C Precipitation Data • • N Q) V r O 0O N co oN EN W 00 Lo ++ II CU 0 w E ° c o rn 3 M CO 0.) ca n i N * LO E �a — .0 � % C cn a� � 1 o CO in' C U) coco II .5 r- U• 15 O r �) cv E. o a• ) O N oo rn ti E N T E w 5 Q-•` N o * + c O •c� -a C. N N t0 �� C O < a O 0 Ncn rn N L con C Z E o N to a) y E Eo N rn © (Jo cn II c ` N N co c) N c _ o m u n M (V a o w r2 C M c is m O o a T '" m U` O Q a rn y0 — U) q5 c A a) n D E E W m L' E a) L U O N N v I) = !Q a) II 00 Vcn N o ctS ami E o .4., m oL0 O CI -0 ° CCa E O N C ' co t + Ln ` a) v oOy °o \ Zov 7, m m co E a O ff1 N • • a s_ = = in m `° v n E i N L 3 3 ` n. •�/ Cr) E a) -O t (6 • a c O o — c m /� V V = O E C N +-' ++ ++ d V N E a� E •— +r fl. = c c c o v 3 N r � a CA Oc c m :° = o o >. c c o Y O o 0 o co > o . ° . ° v a U • c � v O ° ° 2 ` o E c U • := o con +; � @ m m c E , ° - o �1 �^1+ al CO d lOCL > N V V U O V/ oTs A _ Ca CU `MI ) a s cif o co.4 a Al Y 3 CO N c moo a � � Ecii �0 O C C (6 E M M o O) O Q o a1 ^ .-i= •– +�. v, +�+ co = <A o - fel) N CO E co •+�_a• a; iii a >L C ++ >` >, a) o a a CID �O :a to O o 2 00 au CL t/1 v a C o C, ONIVE0 as E ca o E L O QC CU c C E E ca _ v- a) 0 ca � �c � `° ^1 O 0 N 73 C VJ ▪ O C c6 0 +- C O O a) `c C ▪ +c+ = C- O .tom N �^'>++ 2� 2�i �R o i.l. 2 L .L / / co0 L C co C C co •- v Q S .5 .> W E �+ N a a` � 2 c < I— Cl) 0 . . . . ao n L • T N `c7) 1 1— I 1 N co 1- ii j 1 r ❑ ❑ I/ Li ! 1 ❑ N E I7 ® N ❑ a c h 'n o 1 71 M I F . N P • CO b �t H Z - C E 1 O C -44111111111\11: 1 -D 0 ii 0 c)L H aJ +++ ❑ • - N b (�6 CJ ❑ fl. d\ 0 C C U ` O ++ ❑ E F 41 O , c 0 6 7, C7 M . N 1 M N N_ Lo Tr co N , O co 0 ( 1 Imui) uau1®IIII 1 1 �❑ PNE ❑II II1uow puelriied Orono MN: Precipitation Summary • Source: Minnesota Climatology Working Group Monthly Totals: 2021 latitude: 44.98598 longitude: 93.61474 Target : T118 R23 S32 mon year cc tttN rrw ss nnnn 00000000 pre (inches) Jan 2021 27 117N 24w 27 BYRG . 44 Feb 2021 27 117N 24w 27 BYRG . 33 Mar 2021 27 117N 24w 27 BYRG 1. 61 Apr 2021 27 117N 23w 31 BYRG 1. 78 May 2021 27 117N 23w 31 BYRG 3 . 22 March/April/May Daily Records Date Precip. Date Precip. Date Precip. Mar 1, 2021 .05 Apr 1, 2021 0 May 1, 2021 0 Mar 2, 2021 0 Apr 2, 2021 0 May 2, 2021 0 Mar 3, 2021 0 Apr 3, 2021 0 May 3, 2021 0 Mar 4, 2021 0 Apr 4, 2021 0 May 4, 2021 0 Mar 5, 2021 0 Apr 5, 2021 .17 May 5, 2021 .08 Mar 6, 2021 0 Apr 6, 2021 .40 May 6, 2021 0 Mar 7, 2021 0 Apr 7, 2021 .15 May 7, 2021 0 Mar 8, 2021 0 Apr 8, 2021 .12 May 8, 2021 0 Mar 9, 2021 0 Apr 9, 2021 .25 May 9, 2021 0 Mar 10, 2021 .02 Apr 10, 2021 0 May 10, 2021 .02 • Mar 11, 2021 .54 Apr 11, 2021 0 May 11, 2021 0 Mar 12, 2021 0 Apr 12, 2021 .03 May 12, 2021 0 Mar 13, 2021 0 Apr 13, 2021 .06 May 13, 2021 0 Mar 14, 2021 0 Apr 14, 2021 0 May 14, 2021 .02 Mar 15, 2021 0 Apr 15, 2021 0 May 15, 2021 0 Mar 16, 2021 .28 Apr 16, 2021 0 May 16, 2021 0 Mar 17, 2021 .03 Apr 17, 2021 0 May 17, 2021 0 Mar 18, 2021 0 Apr 18, 2021 0 May 18, 2021 .08 Mar 19, 2021 0 Apr 19, 2021 0 May 19, 2021 1.17 Mar 20, 2021 0 Apr 20, 2021 0 May 20, 2021 .39 Mar 21, 2021 0 Apr 21, 2021 0 May 21, 2021 0 Mar 22, 2021 T Apr 22, 2021 .02 May 22, 2021 0 Mar 23, 2021 .02 Apr 23, 2021 .08 May 23, 2021 .13 Mar 24, 2021 .34 Apr 24, 2021 0 May 24, 2021 .28 Mar 25, 2021 .17 Apr 25, 2021 0 May 25, 2021 0(site visit) Mar 26, 2021 0 Apr 26, 2021 0 May 26, 2021 m Mar 27, 2021 T Apr 27, 2021 .50 May 27, 2021 1.05 Mar 28, 2021 .16 Apr 28, 2021 0 May 28, 2021 0 Mar 29, 2021 0 Apr 29, 2021 0 May 29, 2021 0 Mar 30, 2021 0 Apr 30, 2021 0 May 30, 2021 0 Mar 31, 2021 0 May 31, 2021 0 11 I I L2[I1 T H=mmar[i H[a[I EEE] Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec WARM ANN WAT 30% 0.46 0.41 1.08 1.91 2.39 3.19 2.69 2.91 2.26 1.25 1.07 0.59 16.43 26.35 26.03 70% 1.14 0.85 1.95 2.76 4.00 5.34 4.13 4.83 4.14 3.24 1.99 1.39 21.61 33.44 32.85 . mean 0.80 0.75 1.69 2.56 3.41 4.41 3.88 4.06 3.40 2.39 1.65 1.13 19.15 30.12 29.96 • Gronberg Property Wetland Delineation Report APPENDIX D Reference Photo • • • ❑ron❑d'❑ ❑rO❑d'®❑ wand DdETI❑allibn ❑R❑I II rLhI I I❑❑oCb❑ Mali! II II❑2L21 II ❑hand 1 RuII rdl❑❑❑❑o[ or ❑ ❑C�❑ a ❑o❑I III • lr::::7474' ,.. ... 'va +� 1 t• IA, s gM7 7''fy ❑ al ,.. :'- ..4:.:,...-.2'7;...-s:-,1!,, •--3.•...',, '',.,.:.;':-.1tk'‘,:' . '. .:. . :::'''„ •:-.., .: .....„..: ..,• ' ;:. '. t.� .J/ ti' r 1 .,...1:-.,‘,:. r. ,, '.�' • a ` ti •a �J • s r,e • ,i`, • fit :T 4� f �� t 1. t . r w , y a r... .•- +' $ < ! i, ` 1 ?}; its,+ �',r :.�.• - ),,.., , ,v.-- --.,- -1.-,„:46;- - - 4-,..,•-•.---:-.- ,.-- • •) . _ . ` _ , sem. Mari21117112E21 ❑ I land 1 RDIErlikiI I I IIIDoab ❑a❑❑❑aL111❑ ❑ • f. • r , f • r..c. 1, '' f ti -^ a6!• r • „ . , �' - f.1..+1.,-4,°; ir ..-,••••'1''.‘''''..' - , e � 34.'' rt r,.r '. t ',31 - =\•;.: 1„..„1„,..r.,-k.-4—,),,)e..° , . I .t7 d as •1 • r- Gr 4i � ' V (. . \ 1 'a +�`'�fj • r— � A 7t Ia ,. M' '� ,x.:011.,,,...0 a�:' 'i'� ,,./,..•..,---;_' ' �+,{ tSj 'E .�.�'�. .i '•1t:., i fir . .f- -tst .I . • • Page 1 of 1 PC Exhibit F 38 05-117-23 12 0009 38 32-118-23 43 0003 PHYLLIS C DUNN TRUSTEE PETER T COOK JR/KARI E COOK • 40 STUBBS BAY RD S 3580 WATERTOWN RD MAPLE PLAIN MN 55359 ORONO MN 55356 38 05-117-23 21 0001 38 32-118-23 43 0004 CITY OF ORONO GAIL M BOLLIS CITY CLERK 220 STUBBS BAY RD PO BOX 66 LONG LAKE MN 55356 CRYSTAL BAY MN 55323 38 05-117-23 21 0021 38 32-118-23 43 0014 MICHAEL J JOSEPHSON THOMAS A SCHULENBERG II BARBARA L SCHMIDT JENNIFER M SCHULENBERG 50 LANDMARK DR 3520 WATERTOWN RD LONG LAKE MN 55356 LONG LAKE MN 55356 38 32-118-23 31 0005 38 32-118-23 43 0017 REVIS L STEPHENSON III JOHN L BABITT JR 1850 FOXRIDGE RD 125 KINTYRE LA LONG LAKE MN 55356 LONG LAKE MN 55356 38 32-118-23 34 0004 38 32-118-23 43 0025 ANDREA MARIE GRONBERG SANDRA&ROBERT ROBERTSON GARRETT GRONBERG 3535 WATERTOWN RD 65 STUBBS BAY RD N LONG LAKE MN 55356 MAPLE PLAIN MN 55359 • 38 32-118-23 34 0005 38 32-118-23 43 0026 DENNIS M KRUMP SANDRA&ROBERT ROBERTSON 25 STUBBS BAY RD N 3535 WATERTOWN RD MAPLE PLAIN MN 55359 LONG LAKE MN 55356 38 32-118-23 34 0006 AFFORDABLE HOUSING LLC 1430 DIVISION ST HOPKINS MN 55343 38 32-118-23 34 0011 WADE E&LAURA C SHATZER 3685 WATERTOWN RD MAPLE PLAIN MN 55359 38 32-118-23 34 0012 W THOMAS C BERGERSON JILL S WEINER 3745 WATERTOWN RD MAPLE PLAIN MN 55359 0 38 32-118-23 34 0014 BRUCE MALBY 75 STUBBS BAY RD N MAPLE PLAIN MN 55359 PC Exhibit G Hennepin Hennepin County Locate & Notify Map Date: 1/18/2022 et./ Elk 111111111 Watertown Rd' • Bederwood Park Christine Ds lice f Si Buffer Size: 500 0 100 200 400 Feet Map Comments: 65 Stubbs Bay Rd. North This data (i) is furnished 'AS IS' with no representation as to completeness or accuracy; (ii)is furnished with no warranty of any kind; and (ii) is notsuitable for legal, engineering or surveying purposes.Hennepin County shall not be liable for any damage,injury or loss resulting from the data For more information,contact Hennepin County GIS Office 300 6th Street South,Minneapolis,MN 55487/gis.i nfo@h en nepin.us � o To: Chair Kirchner and Planning Commission Members Adam Edwards, City Administrator F G� From: Jeremy Barnhart,AICP, Community Development 'kFSHo41` Director Date: February 22, 2022 Subject: #LA22-000002,Jim Hillier, 1245 Arbor Street, Sketch Plan Application Summary: The applicant is requesting sketch plan review on a proposed subdivision that would subdivide a 0.634 acre parcel into two equal lots. The parcel is in a zoning district that requires a minimum lot area of 2 acres and 200 feet of lot width. Staff Recommendation: Planning Department Staff requests non-binding feedback from the planning commission. Planning Staff does not support the lot split as non-conforming lots would be created, inconsistent with the zoning code and the comprehensive plan for the area. Background The property was originally platted as lots 12, 13, 14, and 15 of Maxwell's Addition to Crystal • Bay in January 1915 and these 4 lots were combined as two separate parcels(12 and 13) and (14 and 15)at some point after. In 1985, Council Resolution 1798 noted the parcels were used as a single property. In 1985,sanitary sewer services were provided to the area, and one sewer connection was provided to the subject property. In 2009, after the properties were classified as Tax Forfeit, city resolution 5888 recommended (to the County)their sale only as combined parcels. The parcel is currently recognized as a single parcel,with one County Property Identification Number(PIN# 1011723310105). The parcel is 0.64 acres and the frontage on Briar Street is considered the front, by virtue of its shortest length (100.05 feet) Application The applicant's propose to split the currently undeveloped parcel into two lots. Both lots would have frontage on an existing public street, and both lots would be served by sanitary sewer within Arbor or Briar Street. Each lot will have its own well. The proposed use of the property is anticipated to be single family residential. The table below summarizes the proposed lot area and width, and the shows the required standards, including setbacks. Items in red denote non-conforming standards. • FILE#LA22-000002 February 22,2022 Page 2 of 2 RR-1B Requirements West Lot East Lot Width 200 feet 100 feet 100 feet Area 2 acres,87,120 sq ft 0.16 acres, 0.16 acres, 14,008 sqft 13,991 sqft Setbacks Front yard 50 feet 50 feet 50 feet Side street 30 feet 20 feet 20 feet Side yard 30 feet 15 feet 15 feet Rear 50 feet 40 feet 40 feet Lot width is measured at the front building setback line. Frontage along Minnetonka Ave would be considered the side street. Applicable Regulations: Section 78-420 outlines the development standards for the RR-1B zoning district. Section 82-85 outlines the purpose and process for sketch plans. Analysis: The proposal is not consistent with the zoning code or the Comprehensive Plan. The current zoning, RR-1B, requires 2 acres of gross land area, and 200 feet of frontage. The property cannot be split without variances, and the applicant must prove practical difficulties. The current zoning of the property is consistent with the community management plan, Urban Low Density Residential, which requires 0.5—2 units per acre. 0.5 units per acre is a 2 acre lot, consistent with the current zoning. Lot sizes at 14,000 sq. ft. equate to about 3 units per acre, consistent with an Urban Medium Density Residential Land Use. Public Comments To date, no public comments have been received. Issues for Consideration 1. Are there any other issues or concerns with this application? Planning Staff Recommendation Planning Staff does not support the subdivision as proposed. List of Exhibits Exhibit A. Application Exhibit B. Proposed sketch plan Exhibit C. Staff review comments Exhibit D. Pre-application correspondence Exhibit E. Resolution 1798 Exhibit F. Resolution 5888 Land Use Application Summary Application Date: 01/05/2022 *Address: 1245 Arbor Street Orono,MN 55391 Parcel Number: 1011723310105 Land Use Number: LA22-000002 Application Submitted By: Property Owner Owner: Name: JULI L ANDERSON Address:Jim Hillier Applicant: Name: Jim Hillier Company: Address:1224 Briar Street Orono,MN 55391 jim.hillier@resideo.com Contact Information: Associated Contact:JULI L ANDERSON Associated Contact:Jim Hillier jim.billier@resideo.com Associated Contact: Associated Contact: Project Description: 10-117-23-31-0105 Land Use Application Type: Amendmend Application Appeal of Admin Decision L J Concept Application Conditional Use Permit Site Plan Application Subdivision Application E Subdivision Exception -' Vacation Application -! 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CITY OF ORONO A Street Address: Mailing Address: Telephone(952)249-4600 2750 Kelley Parkway P.O.Box 66 Fax (952)249-4616 Orono,MN 55356 Crystal Bay,MN 55323 www.ci.orono.mn.us kESHO¢ February 8, 2022 Mr.Jim Hillier VIA EMAIL 1224 Briar Street ]im.hillier@resideo.com Orono, MN 55391 Re: Sketch Plan application File#LA22-000002 The City has received your sketch plan application. After review of the proposal, I have the following comments to offer. I also include information related to the sketch plan process. Comments on Plan 1. The proposal shows two lots where one currently exists. This is considered a subdivision. The title of the document says "Proposed Lot line Rearrangement..." This is inaccurate and should read "Proposed Sketch plan for..." or similar. 2. The property is zoned RR-1B, which requires 2.0 acres and 200 feet of width for each lot. Neither of the proposed lots meet these requirements: RR-1B Requirements West Lot East Lot Width 200 feet 100 feet 100 feet Area 2 acres,87,120 sq ft 0.16 acres, 0.16 acres, 14,008 sqft 13,991 sqft Setbadcs Front yard 50 feet 50 feet 50 feet Side street 30 feet 20 feet 20 feet Side yard 30 feet 15 feet 15 feet Rear 50 feet 40 feet 40 feet All setbacks are based on the proposed house pads illustrated on the plan and the standard setbacks for the RR- 1B zoning district. Items in red denote non-conforming standards. The attached letters to your attorney last summer provide additional analysis and options. To approve a subdivision,you must prove, and the Council must find, practical difficulties for variances. Based on the information provided,Staff will not support a variance as there are no practical difficulties. 3. The following fees will be due at the time of final plat. These fees will be confirmed at the time of final plat: Park dedication (0.1 acre for each new lot, or equivalent land value), Stormwater Trunk($8,060.00), and sanitary sewer connection ($5,380.00 for each lot connecting). • Sketch plan/subdivision process. The sketch plan is the initial step in the subdivision process, and is intended for the applicant to receive initial, non-binding feedback on a proposal. Staff often recommends a sketch plan when additional approvals (zone changes, comprehensive plan amendments,variances, etc.)are necessary for the project to be approved. • The Planning Commission, in a public meeting, will review and provide comment on February 22, 2022. The City Council will also review the application, likely on March 14th. While neither of these meetings are formal public hearings,the Planning Commission and City Council will allow comment from an interested public. No City Council decision will be made during the sketch plan process. Please feel free to contact me at 952.249.4626 or by email at jbarnhart@ci.orono.mn.us if you have any questions on the above requirements. Sincerely, CITY OF ORONO Jeremy Barnhart,AICP Community Development Director • 1110 • � CITY OF OR ONO Street Address: Mailing Address: Telephone(952)249-4600 $- 2750 Kelley Parkway P.O.Box 66 Fax (952)249-4616 !,� �' Orono,MN 55356 Crystal Bay,MN 55323 www.ci.orono.mn.us kES H O0 July 21,2021 Waldron Law Offices,LTD Attn: John B. Waldron VIA EMAIL ONLY 1951 Concordia Street john(a,waldronlaw.com Wayzata,MN 55391-9320 Re: Hillier Land Use Application for 1245 Arbor Street,PID 10-117-23-31-0105 Mr. Waldron, The City has received your letter of July 9 regarding your clients desire for City approval to subdivide the property into two lots. After reviewing your statements and the supporting documents,please accept this letter as the City's response to your inquiry. Your letter makes three primary arguments to support a second building site on the property:arguments based on the resolution 1798,arguments based on RPUD regulations,and arguments based on the Comprehensive Plan. • Resolution. You note that city resolution 1798 included several statements: 1. if the subject property"is granted a variance and declared buildable by this or some future council,a connection charge in the amount equivalent to one 1985-1 sewer unit assessment shall become due and payable upon granting of the variance" 2. if subject property "at some future date becomes a buildable site as a result of a change in the zoning regulations a connection charge in the amount equivalent to a 1985-1 sewer unit assessment shall become due and payable upon application for a building permit" and 3. "should the zoning regulations change at some future time to allow additional building sites on this property, any additional buildable lots or sites created by such changes will be subject to another full unit assessment charge to be collected at the time a building permit is issued." Emphasis added The resolution does offer a possibility for a second dwelling unit, if a variance is granted, or if zoning regulations change that would allow additional building sites. Neither of these actions have been approved by the City Council. RPUD. Of the two ways you offer to interpret minimum area of a RPUD, the Ordinance requires 5 acres, or a finding by the City Council that one of the 4 conditions exists(Sec 78-626(1)a-d). These 5 acres may not include designated wetlands, floodplain, shoreline district, or rights of way. The regulation is interpreted consistent with your#2 on page 2. The Council has allowed RPUDs less than 5 acres,when at least one of the conditions is found to exist. Comprehensive Plan. The City Council adopted its comprehensive Plan on June 10, 2019 after the Metropolitan Council approved it on May 22, 2019. The adopted version of the comprehensive plan on the city website can be found here. I won't go into each point because you may have been referring to earlier drafts of the plan when you referenced a plan dated March 2018. The guided land use for the property is low density residential,with a range of 0.5—2 units per acre. Two acre minimum lot sizes for the zoning district is consistent with this range. Regarding your comments relative to the November 9, 2015 worksession, the City Council has the obligation to • establish appropriate land uses throughout the city. In 2015, and with the Comprehensive Plan in 2019,they did not choose to add density or change the land use for your area. Further,regarding the comments found in the April 12, 2021 record, the changes the City Council is contemplating continue to meet the goals established by the Comprehensive Plan. Your client has several options. They may: 1. Apply for a variance for the second lot. The variance would be for lot area and lot width for each of the lots. The Council will need to agree with your provided findings of hardship and practical difficulty. 2. Apply for an amendment to the Comprehensive Plan to increase density in the area, and/ or an amendment to the zoning ordinance to change the minimum lot area and width for your zoning district. 3. Appeal these interpretations. All three applications are made through the City's application portal on the website site. Please feel free to contact me at 952.249.4626 or by email at jbarnhart@ci.orono.mn.us if you have any questions on the above. Sincerely, CITY OF ORONO Jeremy Barnhart,AICP Community Development Director Cc: Adam Edwards, City Administrator S WALDRON LAW OFFICES, LTD. JOHN B.WALDRON ATTORNEY AT LAW 1951 CONCORDIA STREET WAYZATA,MINNESOTA 55391-9320 TELEPHONE(952)471-0940 email john@waldronlaw.com FAX(952)471-8859 website www.waldronlaw.com July 9, 2021 Mr. Jeremy Barnhart VIA E-MAIL ONLY City of Orono Community Development Director 2750 Kelley Parkway Orono, MN 55356 Re: Hillier Land Use Application for 1245 Arbor Street, P.I.D. 10-117-23-31-0105 Dear Mr. Barnhart: Thank you for meeting with my clients, James and Juli Hillier, and I on April 19, and your letter • of April 23 regarding the above matter. I now wish to respond to that letter. With regard to future sewer stubs for the subject property, your letter cited to City Resolution 1798,which was issued in 1985 (about 36 years ago). While your letter accurately stated some of the findings of that Resolution, the Resolution also contained the following statements: 1. if the subject property"is granted a variance and declared buildable by this or some future council, a connection charge in the amount equivalent to one 1985-1 sewer unit assessment shall become due and payable upon granting of the variance" 2. if subject property"at some future date becomes a buildable site as a result of a change in the zoning regulations a connection charge in the amount equivalent to a 1985-1 sewer unit assessment shall become due and payable upon application for a building permit" and 3. "should the zoning regulations change at some future time to allow additional building sites on this property, any additional buildable lots or sites created by such changes will be subject to another full unit assessment charge to be collected at the time a building permit is issued." My clients maintain that this Resolution contemplated conditions under which at least one additional sewer stub could be authorized to my clients' property upon the payment of an additional connection charge. We also maintain that if an RPUD were granted for their property, that at least one additional building unit would be allowed and that one or more additional sewer stubs would be authorized. Please let us know if you disagree with this conclusion. • Your letter also acknowledged that the City of Orono "has some scenarios where a flexible Mr. Jeremy Barnhart • City of Orono Community Development Director July 9, 2021 Page 2 zoning district can be applied", among them the creation of an RPUD. In analyzing the RPUD option, your letter noted the provisions of Orono City Ordinance Sec. 78-626 that"[w]ithin the RPUD district all development shall be in compliance with the following: (1)Minimum area; shoreland district limitation. Each site proposed for rezoning shall have a minimum of five acres, excluding areas within a designated . . . shoreland district unless certain other criteria are met. (Emphasis added.)It appears there are two ways to interpret the language of this section: 1. If a site consisted of only four acres but was entirely within a designated shoreland district, the five acre minimum requirement would not apply at all, i.e. the five acre minimum does not apply at all to sites that are entirely within a designated shoreland district; or 2. If a site consisted of six acres but two of these acres were within a designated shoreland district, the two acres would be excluded, leaving a net of four acres, which would be below the required five acre minimum, i.e., if the site does not have at least five acres, • subtracting any areas within a designated shoreland district,then the site does not meet the five acre minimum. Please advise as to your thoughts on the interpretation of this Ordinance. Finally, it is our understanding that the following are true: 1. The subject property is in a designated shoreland district. 2. In the City's 2040 Comprehensive Plan dated March 2018 the subject property is guided Urban Medium Density Residential (3-10 units/acre) for future land use (for some reason changed to Urban Low Density Residential (.5—2 units/acre) on the November 2018 Future Land Use map). The subject property is currently in a Defined Rural Area and its current zoning, RR1, requires a two acre minimum lot size for only one unit, thus making the current zoning inconsistent with the Comprehensive Plan. 3. The Orono Community Management Plan("CMP"notes the following: a. Part 3B of the CMP, the General Land Use Plan, states"urban-density residential uses will be permitted only where municipal sanitary sewer, water, adequate transportation,police and fire protection services are available"and"[n]ew land uses and development will be allowed to infill existing vacant properties within the urban service area . . . ." CMP Part 3B,p. 10. b. 63% of the land . . . identified for future sewered growth falls within Orono's Urban Low Density areas. Development of these areas typically follows a piecemeal pattern as individual properties split into 1-3 units,where lots can 1111 Mr. Jeremy Barnhart City of Orono Community Development Director July 9, 2021 Page 3 accommodate subdivision." CMP Part 3B,p. 28. c. Part 3C of the CMP, the Housing Plan, states: "An increasing priority of national, regional and local concern is for the provision of an adequate supply of safe, affordable housing for all citizens. Land costs and other development factors suggest that these affordable and lifecycle housing needs can most practically be addressed within the urban areas of Orono."CMP Part 3C,p. 2. d. Within the same Part 3C, "Orono has been classified as a mix between Rural Residential and Emerging Suburban Edge" and"[a]s an Emerging Suburban Edge, local government's role is [t]o [p]lan and stage development for forecasted growth through 2040 and beyond at overall average densities of at least 3-5 dwelling units per acre in the community."CMP Part 3C,p. 4 e. "The urban area will see new residential development on the existing vacant lots and undeveloped parcels similar to the forms of development typical of closer-in suburbs. Opportunities exist for substantial rehabilitation projects in the older urban neighborhoods and for scattered-site new construction of affordable and lifecycle housing units." CMP Part 3C,p. 5 (emphasis added). f. Minnesota Statutes 473.859, Subd. 2(c) states in part that"the content of the land • use plan element of comprehensive plans shall . . . promote the availability of land for the development of low and moderate income housing."CMP Part 3C,p. 6. g. "For the period 2021-2030, Met Council established an allocation of 154 affordable units for the City of Orono."CMP Part 3C,p. 7. h. "Orono has identified the need for a broader range of housing choices including starter homes, empty-nester, and senior housing . . . ."and that there is a"pressing need for a wider range of housing options for middle income residents, such as those who grew up in Orono and would like to raise a family here,but cannot find suitably priced homes."CMP Part 3C,pp. 11-12. i. Among Orono's Urban Housing Policies are the following: • New residential development will be allowed to infill existing vacant properties within the Urban Area • The City will promote scattered site development CMP Part 3C,p.13 j. "The City frequently reviews its zoning and subdivision regulations to support development that meets its comprehensive goals. The City also employs a planned unit development(PUD)process. Through this process,the City currently provides zoning incentives such as increased density and potential staging plan flexibility for projects which achieve the city's housing goals."CMP Part 3C,p. 15. 4. An additional sewer stub has already been approved for the subject property with a payment being made for the additional stub (see City of Orono Resolution No. 1798 • dated July 8, 1985). Mr. Jeremy Barnhart S City of Orono Community Development Director July 9, 2021 Page 4 5. There is a need for the City of Orono to allow more sewer stubs. 6. In the City's Joint Work Session of November 9, 2015, the following issues were noted for discussion: a. Item 5, RPUD process ordinance revisions, stated "A easier to understand code may encourage more of these creative types of development." b. Item 22, Small lots in older neighborhoods, stated"There are several areas with lots substantially below (1/2 acre or less) the minimum 2 lot zoning requirements; Either a new zoning district or a new district classification, i.e Crystal Bay . . . . Previous Councils suggested this to be reviewed as part of the Comprehensive Plan."This issue was also ranked as the fifth top issue from the City's December 12, 2016,meeting, for action in 2017, and, of course, the subject property is located in the Crystal Bay neighborhood. 7. In the City Council's Work Session Minutes of April 12, 2021, Density Tiers Discussion, you noted that"there are a few goals the city needs to keep in mind to comply with our Comprehensive Plan"and that"the City has to identify all of the areas in the comp plan • where it anticipates development." These minutes also noted the following: "Walsh explained that the Council is interested in making changes to the deltas to allow for more room and for more credits towards the full density levels. He noted it could create an opportunity to expand the density if the City made more deltas for options . . . ." Given all of the above, it appears to us that our clients' proposed development, although it would be a relatively minor development in the scheme of things, would help the City accomplish a number of its stated goals as outlined above, and would be consistent with the Comprehensive Plan. In light of this, if the RPUD ordinance does not specifically allow our clients' development,perhaps that ordinance should be amended in order to allow the City to meet more of its goals, such as backfilling development in existing neighborhoods to avoid the expansion of the MUSA line and further the goal of the RPUD ordinance itself to encourage development which is consistent with the comprehensive plan. Please let us know your thoughts on the foregoing. Thank you. Veil trulyur 0 Jo n B. Waldron • • Mr. Jeremy Barnhart City of Orono Community Development Director July 9, 2021 Page 5 Copy: James and Julie Hillier • • g`O1Vp� CITY OF ORONO • Street Address: Mailing Address: Telephone(952)249-4600 yf 2750 Kelley Parkway P.O.Box 66 Fax (952)249-4616 !,9 EG Orono,MN 55356 Crystal Bay,MN 55323 www.ci.orono.mn.us kESNOR April 23, 2021 Mr.John Waldron Waldron Law Offices, Ltd. VIA EMAIL 1951 Concordia Street john@waldronlaw.com Wayzata, MN 55391-9320 Re: 1245 Arbor Street Mr.Waldron, Thank you for meeting with me on Monday,April 19th to discuss possible options to subdivide 1245 Arbor Street. I was asked to review the information provided and identify options to create a second lot on the property. My Findings: The properties were combined in or around December, 2009. Prior to that,via resolution 5888,the City Council released the parcels for sale,subject to the condition that the purchaser legally combine the parcels. • When the Council considered sewer stubs for the property,they consciously decided on one sewer connection, even though there were two lots at the time,citing the intent of the Comprehensive Plan and the former PID ending in 0073 is not considered a buildable lot by itself. (Resolution 1798) The property is 0.64 acres, in a zoning district that requires 2.0 acres of gross land area and 200 feet of frontage. The combination of the property on December 4, 2009 created the lot;the lot of record rules and regulations found in Section 78-72, and summarized in exhibit E of section 6 of your packet no longer apply. Options: The city has some scenarios where a flexible zoning district can be applied, RPUD, PUD, and PRD: • PUD is applicable only to parcels in the Navarre area or in the Highway 12 Corridor(Sec 78-1001). This parcel is in neither. • PRD is applicable to parcels in the Shoreland Overlay District. One of the benefits of the PRD is that it allows for an alternative minimum lot standard,with no increase of in density. This parcel is permitted one unit(Sections 78-601 and 78-1327). • RPUD is for the implementation of certain housing goals of the Comp Plan. There is a S acre minimum lot size for a RPUD development, noted in Section 78-626,with some exceptions: "Sec.78-626.-Development standards. Within the RPUD district all development shall be in compliance with the following: • (1) Minimum area;shoreland district limitation. Each site proposed for rezoning to RPUD shall have a minimum area of five acres, excluding areas within a designated wetland,floodplain or eshoreland district or right-of-way, unless the council finds the existence of one of the following: a. Unusual physical features of the property itself or of the surrounding neighborhood such that development as a RPUD will conserve a physical or topographic feature of importance to the neighborhood or community. b. The property is directly adjacent to or across a public street from property which has been developed previously as a RPUD or planned residential development and will be perceived as and will function as an extension of that previously approved development. c.The property is located in an area where the proposed development provides a transition between a commercial or industrial area and an existing residential area or on an intermediate or principal arterial as defined in the comprehensive plan. d. The property contains steep slopes or a substantial number of significant trees that could be preserved through the clustering of buildings or other design techniques not generally allowed by the existing zoning district." I do not believe that any of the exceptions qualify for the property to be rezoned to RPUD. None of the flexible zoning avenues work to the favor of your clients. To subdivide,you will need the Council to accept your practical difficulties for a variance, either for lot area and width,or from the standards applied to • the flexible zoning regulations. Staff will not recommend support for any variance. Please feel free to contact me at 952.249.4626 or by email at jbarnhart@ci.orono.mn.us if you have any questions on the above requirements. Sincerely, CITY OF ORONO .Q.,.<7 C44Mr- Jeremy Barnhart,AICP Community Development Director 0 moo CITY OF ORONO • ,, Street Address: Mailing Address: Telephone(952)249-4600 �� 2750 Kelley Parkway P.O.Box 66 Fax (952)249-4616 !q E,� Orono,MN 55356 Crystal Bay,MN 55323 www.ci.orono.mn.us hESHoI� February 2, 2022 Mr.Jim Hillier VIA EMAIL 1224 Briar Street jim.hillier@resideo.com Orono, MN 55391 Re: Sketch Plan application File#LA22-000002 The City has received your sketch plan application. Since my initial letter of January 10,2022 requesting additional information, I received payment of $325.00 and a to-scale sketch plan showing your proposed layout. Your application is complete and is scheduled for review by the Planning Commission on February 22, 2022. I recommend reaching out to the watershed district to understand their rules and their potential impact on your proposed project. Please feel free to contact me at 952.249.4626 or by email at jbarnhart@ci.orono.mn.us if you have any questions on 0 the above requirements. Sincerely, CITY OF ORONO c2,,,,g6a4--- Jeremy Barnhart,AICP Community Development Director S • CITY OF ORONO A Street Address: Mailing Address: Telephone(952)249-4600 4 *1t 2750 Kelley Parkway P.O.Box 66 Fax (952)249-4616 fOrono,MN 55356 Crystal Bay,MN 55323 www.ci.orono.mn.us January 10, 2022 Mr.Jim Hillier VIA EMAIL 1224 Briar Street jim.hillier@resideo.com Orono, MN 55391 Re: Sketch Plan application File#LA22-000002 The City has received your sketch plan application. At this time, however,your application is incomplete because no plans were submitted, and the application fee has not been paid. To complete the application please: 1. Provide payment of$325.00 for the review of the sketch plan. You may make the payment by contacting city hall (952-249-4600)to make a payment by phone. • 2. The sketch plan should include the following: a. A'to-scale'drawing showing the proposed lots with notations showing the proposed lot areas. b. If one of the lots is improved (has a building on it), hardcover calculations must be submitted. The Minnehaha watershed district requests applicants contact them early in the subdivision process to better understand their rules. Formal submittal of a preliminary play will require confirmation from the watershed district. At this time,your item is tentatively placed on the February 22 Planning Commission agenda, but will be removed if the preceding information is not provided by February 7th. Please feel free to contact me at 952.249.4626 or by email at jbarnhart@ci.orono.mn.us if you have any questions on the above requirements. Sincerely, CITY OF ORONO Jeremy Barnhart,AICP Community Development Director • SON CITY OF ORONO Street Address: Mailing Address: Telephone(952)249-4600 YF. 2750 Kelley Parkway P.O.Box 66 Fax (952)249-4616 !q E, Orono,MN 55356 Crystal Bay,MN 55323 www.ci.orono.mn.us '�ESHn� July 21,2021 Waldron Law Offices,LTD Attn: John B. Waldron VIA EMAIL ONLY 1951 Concordia Street iohn(a�waldronlaw.com Wayzata,MN 55391-9320 Re: Hillier Land Use Application for 1245 Arbor Street,PID 10-117-23-31-0105 Mr.Waldron, The City has received your letter of July 9 regarding your clients desire for City approval to subdivide the property into two lots. After reviewing your statements and the supporting documents,please accept this letter as the City's response to your inquiry. Your letter makes three primary arguments to support a second building site on the property:arguments based on the resolution 1798,arguments based on RPUD regulations,and arguments based on the Comprehensive Plan. Resolution. You note that city resolution 1798 included several statements: 1. if the subject property"is granted a variance and declared buildable by this or some future council,a connection charge in the amount equivalent to one 1985-1 sewer unit assessment shall become due and payable upon granting of the variance" 2. if subject property "at some future date becomes a buildable site as a result of a change in the zoning regulations a connection charge in the amount equivalent to a 1985-1 sewer unit assessment shall become due and payable upon application for a building permit" and 3. "should the zoning regulations change at some future time to allow additional building sites on this property,any additional buildable lots or sites created by such changes will be subject to another full unit assessment charge to be collected at the time a building permit is issued." Emphasis added The resolution does offer a possibility for a second dwelling unit, if a variance is granted, or if zoning regulations change that would allow additional building sites. Neither of these actions have been approved by the City Council. RPUD. Of the two ways you offer to interpret minimum area of a RPUD, the Ordinance requires 5 acres, or a finding by the City Council that one of the 4 conditions exists(Sec 78-626(1)a-d). These 5 acres may not include designated wetlands, floodplain, shoreline district,or rights of way. The regulation is interpreted consistent with your#2 on page 2. The Council has allowed RPUDs less than 5 acres,when at least one of the conditions is found to exist. Comprehensive Plan. The City Council adopted its comprehensive Plan on June 10, 2019 after the Metropolitan Council approved it on May 22, 2019. The adopted version of the comprehensive plan on the city website can be found here. I won't go into each point because you may have been referring to earlier drafts of the plan when you referenced a plan dated March 2018. The guided land use for the property is low density residential, with a range . of 0.5—2 units per acre. Two acre minimum lot sizes for the zoning district is consistent with this range. iRegarding your comments relative to the November 9, 2015 worksession, the City Council has the obligation to establish appropriate land uses throughout the city. In 2015, and with the Comprehensive Plan in 2019,they did not choose to add density or change the land use for your area. Further,regarding the comments found in the April 12, 2021 record, the changes the City Council is contemplating continue to meet the goals established by the Comprehensive Plan. Your client has several options. They may: 1. Apply for a variance for the second lot. The variance would be for lot area and lot width for each of the lots. The Council will need to agree with your provided findings of hardship and practical difficulty. 2. Apply for an amendment to the Comprehensive Plan to increase density in the area, and/ or an amendment to the zoning ordinance to change the minimum lot area and width for your zoning district. 3. Appeal these interpretations. All three applications are made through the City's application portal on the website site. Please feel free to contact me at 952.249.4626 or by email at jbarnhart@cLorono.mn.us if you have any questions on the above. Sincerely, CITY OF ORONO C21.47 • Jeremy Barnhart,AICP Community Development Director Cc: Adam Edwards, City Administrator • WALDRON LAW OFFICES, LTD. S JOHN B.WALDRON ATTORNEY AT LAW 1951 CONCORDIA STREET WAYZATA,MINNESOTA 55391-9320 TELEPHONE(952)471-0940 email john@waldronlaw.com FAX(952)471-8859 website www.waldronlaw.com July 9, 2021 Mr. Jeremy Barnhart VIA E-MAIL ONLY City of Orono Community Development Director 2750 Kelley Parkway Orono, MN 55356 Re: Hillier Land Use Application for 1245 Arbor Street, P.I.D. 10-117-23-31-0105 Dear Mr. Barnhart: Thank you for meeting with my clients, James and Juli Hillier, and I on April 19, and your letter of April 23 regarding the above matter. I now wish to respond to that letter. With regard to future sewer stubs for the subject property, your letter cited to City Resolution 1798, which was issued in 1985 (about 36 years ago). While your letter accurately stated some of the findings of that Resolution, the Resolution also contained the following statements: 1. if the subject property"is granted a variance and declared buildable by this or some future council, a connection charge in the amount equivalent to one 1985-1 sewer unit assessment shall become due and payable upon granting of the variance" 2. if subject property"at some future date becomes a buildable site as a result of a change in the zoning regulations a connection charge in the amount equivalent to a 1985-1 sewer unit assessment shall become due and payable upon application for a building permit" and 3. "should the zoning regulations change at some future time to allow additional building sites on this property, any additional buildable lots or sites created by such changes will be subject to another full unit assessment charge to be collected at the time a building permit is issued." My clients maintain that this Resolution contemplated conditions under which at least one additional sewer stub could be authorized to my clients' property upon the payment of an additional connection charge. We also maintain that if an RPUD were granted for their property, that at least one additional building unit would be allowed and that one or more additional sewer stubs would be authorized. Please let us know if you disagree with this conclusion. Your letter also acknowledged that the City of Orono"has some scenarios where a flexible • • Mr. Jeremy Barnhart City of Orono Community Development Director July 9, 2021 Page 2 zoning district can be applied", among them the creation of an RPUD. In analyzing the RPUD option, your letter noted the provisions of Orono City Ordinance Sec. 78-626 that"[w]ithin the RPUD district all development shall be in compliance with the following: (1)Minimum area; shoreland district limitation. Each site proposed for rezoning shall have a minimum of five acres, excluding areas within a designated . . . shoreland district !1 unless certain other criteria are met. (Emphasis added.) It appears there are two ways to interpret the language of this section: 1. If a site consisted of only four acres but was entirely within a designated shoreland district, the five acre minimum requirement would not apply at all,i.e. the five acre minimum does not apply at all to sites that are entirely within a designated shoreland district; or 2. If a site consisted of six acres but two of these acres were within a designated shoreland district, the two acres would be excluded, leaving a net of four acres,which would be • below the required five acre minimum, i.e., if the site does not have at least five acres, subtracting any areas within a designated shoreland district, then the site does not meet the five acre minimum. Please advise as to your thoughts on the interpretation of this Ordinance. Finally, it is our understanding that the following are true: 1. The subject property is in a designated shoreland district. 2. In the City's 2040 Comprehensive Plan dated March 2018 the subject property is guided Urban Medium Density Residential (3-10 units/acre) for future land use (for some reason changed to Urban Low Density Residential (.5 —2 units/acre) on the November 2018 Future Land Use map). The subject property is currently in a Defined Rural Area and its current zoning, RR1, requires a two acre minimum lot size for only one unit, thus making the current zoning inconsistent with the Comprehensive Plan. 3. The Orono Community Management Plan("CMP"notes the following: a. Part 3B of the CMP, the General Land Use Plan, states"urban-density residential uses will be permitted only where municipal sanitary sewer, water, adequate transportation, police and fire protection services are available" and"[n]ew land uses and development will be allowed to infill existing vacant properties within the urban service area . . . ." CMP Part 3B,p. 10. b. 63%of the land . . . identified for future sewered growth falls within Orono's Urban Low Density areas. Development of these areas typically follows a piecemeal pattern as individual properties split into 1-3 units, where lots can Mr. Jeremy Barnhart 4111 City of Orono Community Development Director July 9, 2021 Page 3 accommodate subdivision." CMP Part 3B,p. 28. c. Part 3C of the CMP, the Housing Plan, states: "An increasing priority of national, regional and local concern is for the provision of an adequate supply of safe, affordable housing for all citizens. Land costs and other development factors suggest that these affordable and lifecycle housing needs can most practically be addressed within the urban areas of Orono."CMP Part 3C,p. 2. d. Within the same Part 3C, "Orono has been classified as a mix between Rural Residential and Emerging Suburban Edge" and"[a]s an Emerging Suburban Edge, local government's role is [t]o [p]lan and stage development for forecasted growth through 2040 and beyond at overall average densities of at least 3-5 dwelling units per acre in the community."CMP Part 3C,p. 4 e. "The urban area will see new residential development on the existing vacant lots and undeveloped parcels similar to the forms of development typical of closer-in suburbs. Opportunities exist for substantial rehabilitation projects in the older urban neighborhoods and for scattered-site new construction of affordable and lifecycle housing units."CMP Part 3C,p. 5 (emphasis added). f. Minnesota Statutes 473.859, Subd. 2(c) states in part that"the content of the land use plan element of comprehensive plans shall . . .promote the availability of land for the development of low and moderate income housing."CMP Part 3C,p. 6. 411 g. "For the period 2021-2030, Met Council established an allocation of 154 affordable units for the City of Orono."CMP Part 3C,p. 7. h. "Orono has identified the need for a broader range of housing choices including starter homes, empty-nester, and senior housing . . . ." and that there is a"pressing need for a wider range of housing options for middle income residents, such as those who grew up in Orono and would like to raise a family here,but cannot find suitably priced homes." CMP Part 3C,pp. 11-12. i. Among Orono's Urban Housing Policies are the following: • New residential development will be allowed to infill existing vacant properties within the Urban Area • The City will promote scattered site development CMP Part 3C,p.13 j. "The City frequently reviews its zoning and subdivision regulations to support development that meets its comprehensive goals. The City also employs a planned unit development (PUD)process. Through this process,the City currently provides zoning incentives such as increased density and potential staging plan flexibility for projects which achieve the city's housing goals."CMP Part 3C,p. 15. 4. An additional sewer stub has already been approved for the subject property with a payment being made for the additional stub(see City of Orono Resolution No. 1798 dated July 8, 1985). • Mr. Jeremy Barnhart City of Orono Community Development Director July 9, 2021 Page 4 5. There is a need for the City of Orono to allow more sewer stubs. 6. In the City's Joint Work Session of November 9, 2015,the following issues were noted for discussion: a. Item 5, RPUD process ordinance revisions, stated "A easier to understand code may encourage more of these creative types of development." b. Item 22, Small lots in older neighborhoods, stated "There are several areas with lots substantially below (1/2 acre or less)the minimum 2 lot zoning requirements; Either a new zoning district or a new district classification, i.e Crystal Bay . . . . Previous Councils suggested this to be reviewed as part of the Comprehensive Plan."This issue was also ranked as the fifth top issue from the City's December 12, 2016, meeting, for action in 2017, and, of course, the subject property is located in the Crystal Bay neighborhood. 7. In the City Council's Work Session Minutes of April 12, 2021, Density Tiers Discussion, you noted that"there are a few goals the city needs to keep in mind to comply with our Comprehensive Plan"and that"the City has to identify all of the areas in the comp plan where it anticipates development."These minutes also noted the following: "Walsh explained that the Council is interested in making changes to the deltas to allow for more room and for more credits towards the full density levels. He noted it could create an opportunity to expand the density if the City made more deltas for options . . . ." Given all of the above, it appears to us that our clients' proposed development, although it would be a relatively minor development in the scheme of things,would help the City accomplish a number of its stated goals as outlined above, and would be consistent with the Comprehensive Plan. In light of this, if the RPUD ordinance does not specifically allow our clients' development,perhaps that ordinance should be amended in order to allow the City to meet more of its goals, such as backfilling development in existing neighborhoods to avoid the expansion of the MUSA line and further the goal of the RPUD ordinance itself to encourage development which is consistent with the comprehensive plan. Please let us know your thoughts on the foregoing. Thank you. Veg truly ur , v � ' John B. Waldron • Mr. Jeremy Barnhart 411 City of Orono Community Development Director July 9, 2021 Page 5 Copy: James and Julie Hillier • • • CITY OF ORONO Street Address: Mailing Address: Telephone(952)249-4600 G; 2750 Kelley Parkway P.O.Box 66 Fax (952)249-4616 Fl,� F Orono,MN 55356 Crystal Bay,MN 55323 www.ci.orono.mn.us 'ESHOR April 23, 2021 Mr.John Waldron Waldron Law Offices, Ltd. VIA EMAIL 1951 Concordia Street john@waldronlaw.com Wayzata, MN 55391-9320 Re: 1245 Arbor Street Mr. Waldron, Thank you for meeting with me on Monday,April 19th to discuss possible options to subdivide 1245 Arbor Street. I was asked to review the information provided and identify options to create a second lot on the property. My Findings: The properties were combined in or around December, 2009. Prior to that,via resolution 5888,the City Council • released the parcels for sale,subject to the condition that the purchaser legally combine the parcels. When the Council considered sewer stubs for the property,they consciously decided on one sewer connection, even though there were two lots at the time, citing the intent of the Comprehensive Plan and the former PID ending in 0073 is not considered a buildable lot by itself. (Resolution 1798) The property is 0.64 acres, in a zoning district that requires 2.0 acres of gross land area and 200 feet of frontage. The combination of the property on December 4, 2009 created the lot;the lot of record rules and regulations found in Section 78-72, and summarized in exhibit E of section 6 of your packet no longer apply. Options: The city has some scenarios where a flexible zoning district can be applied, RPUD, PUD, and PRD: • PUD is applicable only to parcels in the Navarre area or in the Highway 12 Corridor(Sec 78-1001). This parcel is in neither. • PRD is applicable to parcels in the Shoreland Overlay District. One of the benefits of the PRD is that it allows for an alternative minimum lot standard,with no increase of in density. This parcel is permitted one unit (Sections 78-601 and 78-1327). • RPUD is for the implementation of certain housing goals of the Comp Plan. There is a 5 acre minimum lot size for a RPUD development, noted in Section 78-626,with some exceptions: "Sec.78-626. -Development standards. • Within the RPUD district all development shall be in compliance with the following: (1) Minimum area;shoreland district limitation. Each site proposed for rezoning to RPUD shall have a minimum area of five acres, excluding areas within a designated wetland,floodplain or shoreland district or right-of-way, unless the council finds the existence of one of the following: a. Unusual physical features of the property itself or of the surrounding neighborhood such that development as a RPUD will conserve a physical or topographic feature of importance to the neighborhood or community. b. The property is directly adjacent to or across a public street from property which has been developed previously as a RPUD or planned residential development and will be perceived as and will function as an extension of that previously approved development. c.The property is located in an area where the proposed development provides a transition between a commercial or industrial area and an existing residential area or on an intermediate or principal arterial as defined in the comprehensive plan. d. The property contains steep slopes or a substantial number of significant trees that could be preserved through the clustering of buildings or other design techniques not generally allowed by the existing zoning district." I do not believe that any of the exceptions qualify for the property to be rezoned to RPUD. None of the flexible zoning avenues work to the favor of your clients. To subdivide,you will need the Council to accept your practical difficulties for a variance, either for lot area and width, or from the standards applied to the flexible zoning regulations. Staff will not recommend support for any variance. • Please feel free to contact me at 952.249.4626 or by email at jbarnhart@ci.orono.mn.us if you have any questions on the above requirements. Sincerely, CITY OF ORONO gyiabaver--- Jeremy Barnhart,AICP Community Development Director • �4( f�11111 4 f City of ORONO ; -x ' hr RESOLUTION OF THE CITY COUNCIL :),,K::-\ TY041 r,- a { si% NO. 1798 {.. . `,O F;1. tORONO . - • A RESOLUTION DETERMINING THAT ONE SANITARY SEWER SERVICE WILL BE PROVIDED TO THE , - PROPERTY LOCATED AT 1245 ARBOR STREET KNOWN AS LOTS 12, 13, 14, AND 15, BLOCK 2, • MAXWELL'S ADDITION TO CRYSTAL BAY " WHEREAS, the City of Orono. is a municipal corporation . organized and existing under the laws of the State of Minnesota; and WHEREAS, Sewer Project 85-1 was initiated by the City to solve existing on-site sewage treatment problems in the Crystal Bay area, within which Lots 12, 13, 14, and 15, Block 2, Maxwell' s Addition to Crystal Bay, are located; and WHEREAS, the aforementioned Lots 12, 13, 14, and 15 are legally combined for tax purposes into two separate parcels, legally 411) described as follows: • PID #10-117-23 31 0072 (Lots 12 and 13 ) PID #10-117-23 31 0073 (Lots 14 and 15) ; and WHEREAS, said parcels are owned in common together, but not owned in common with any other abutting or nearby properties; and WHEREAS, all adjacent lots are occupied; and WHEREAS, Lots 12, 13, 14, and 15 have historically and are now used as . a single property; and WHEREAS, the existing house, well, and septic system and garage are all located on Lots 12 and 13; and WHEREAS, the total dryland area of the parcels is approximately 0.64 acres, as compared to the existing zoning regulations requiring 2.0 acres per buildable site; and - - WHEREAS, the owner of the property has been notified that one sewer service is intended to be provided to the property, and the owner has not requested that a second sewer service be provided;. and WHEREAS, construction of a single family residence on Lots 14 and 15 would be contrary to the intent of the Community Management Plan; 0 and r� ! 1 Page 1 of 2 4 �s City of ORONO 41) • 7,,�.`,,t,' RESOLUTION OF THE CITY COUNCIL '' �,CIT,Y,t' NO. 1798 c'ORONOT ottgicic3iiY: WHEREAS, the property owner would not be denied a substantial property right if sewer is not provided to the parcel comprised of Lots 14 and 15 . - NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Orono, Minnesota, that the property at 1245 Arbor Street, comprised of Lots 12, 13, 14, and 15, Block 2, Maxwell' s Addition to Crystal Bay, shall be provided with one sewer service to serve the. residence on the property. • FURTHER, BE IT RESOLVED, that the one sewer unit shall be assessed to parcel PID #10-117-23 31 0072, on which the structure is located; and • FURTHER, BE IT RESOLVED, that PID #10-117-23 31 0073 is not considered as a buildable lot by and of itself under current zoning regulations, and shall not be served with sewer; and • FURTHER, BE IT RESOLVED, that if PID #10-117-23 31 0073 is granted a variance and declared buildable by this or some future III council, a connection charge in the amount equivalent to one 1985-1 sewer unit assessment shall become due and payable upon granting of the variance; and . FURTHER, BE IT RESOLVED, that if PID #10-117-23 31 0073 at some future date becomes a buildable site as a result of a change in the zoning regulations a connection charge in the amount equivalent to a 1985-1 sewer unit assessment shall become due and payable upon application for a building permit. FURTHER, BE IT RESOLVED, should the zoning regulations change at some future time to allow additional building sites on this property, any additional buildable lots or sites created by such changes will be subject to another full unit assessment charge to be collected at the time a building permit is issued. FURTHER, BE IT RESOLVED, that this document shall be filed in the chain of title of the affected parcels in order to serve as notice to potential future owners of the property regarding the City' s position on sanitary sewer service. Failure to appear in the chain of title does not negate the findings and conclusions of this resolution. Adopted by the City Council of the City of Orono on this 8th • day of July , 1985. III . _ 7.' ATT T: (_ ( ‘ k \ t , I . AL ..11 ,i, WQ)\,__NC.,;.- \ ‘ D: othy M f Bailin, City Clerk Mary C. B r, Mayor ---- ------_ _________,„ • - (,,,,, O, ID -:, . CITY Of ORONO iI G kr RESOLUTION OF THE CITY COUNCIL `gkESH04; NO. 5 8 g r� A RESOLUTION TO RECOMMEND RELEASE OF TAX FORFEITED LAND AT 1245 ARBOR STREET FOR SALE AS ONE BUILDABLE SITE WHEREAS,the City of Orono is a municipal corporation organized and existing under laws of the State of Minnesota; and WHEREAS, pursuant to Minnesota Statutes 282, the City has received from Hennepin County notification that a parcel of land within the City has become the property of the State of Minnesota for non-payment of real estate taxes, referencing C/NC List #1493 encompassing two adjacent parcels identified as PINS 10-117-23-31-0072 and 10-117-23-31-0073; and • WHEREAS, the City Council has reviewed said land for compliance with local zoning ordinances,for the amount of outstanding special assessments remaining unpaid to the City,and/or for possible public use by the City as authorized in the Statutes. In addition the Council has reviewed said land and certified that this parcel need not be withheld from sale pursuant to Minnesota Statutes 85.021, 92.461, 282.01, Subd. 8, 282.018, Subd. 1 or 282.018,Subd. 2. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono, pursuant to Minnesota Statutes 282,hereby approves the classification of said parcel of land as Non- Conservation land, and further approves the sale of said land at public auction,with the following recommended conditions: 1. The two parcels are not individually buildable under existing applicable zoning ordinance provisions, including those regulations providing for minimum lot area and minimum lot width. However,lot area,lot width,and building setback variances will be granted to allow the construction of one single family residence on a combination of the two parcels; the magnitude of setback variances is subject to City Council approval. This property does not meet current zoning standards. 2. Release of this parcel by the City Council is subject to the condition that upon purchase the purchaser shall legally combine the two parcels into one 0.64 acre tax parcel. • Page 1 of 2 o o • r �; CITY of ORONO A �!! RESOLUTION OF THE CITY COUNCIL ��kESH04� NO. 5 8 R 2 3. Release of this land by the City Council is subject to the condition that all outstanding special assessments shall be paid in full to the City upon return to private ownership. Any amount not recovered at the time of sale shall be subject to reassessment by the City. PARCELS TO BE RELEASED FOR SALE BY PUBLIC AUCTION: PIDs: 10-117-23 31 0072 10-117-23 31 0073 Legal Descriptions: (0072) LOTS 12 AND 13, BLOCK 002, "MAXWELL'S ADDITION"TO CRYSTAL BAY,LAKE MINNETONKA (0073) LOTS 14 AND 15, BLOCK 002, "MAXWELL'S ADDITION"TO CRYSTAL BAY,LAKE MINNETONKA • Adopted by the City Council of the City of Orono,Minnesota at a regular meeting held on the 23rd day of November, 2009. ATTEST: • `/''�'�� 02 Linda S. Vee, City Clerk les M. White, Mayor Page 2 of 2 •