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04-18-2022 Planning Commission Packet
'cLO � Agenda Planning Commission Meeting Monday,April 18, 2022, 6:00 P.M. G: Orono Council Chambers,2780 Kelley Parkway, Orono, MN 55356 .kESHOR`" 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: Aaron Printup Pledge of Allegiance Oath of Office: Mark McCutcheon, Gray Kraemer Approval of Agenda Approval of Minutes: March 21, 2022 Public Hearings: 1. LA22-000014 Zehnder Homes, Inc. —Eric Zehnder, 940 North Arm Drive, requests an average lakeshore setback variance in order to construct a pool, patio, and retaining wall to the lakeside of the home. (Staff: Laura Oakden) Other Business: 2. LA22-000012 Stonewood LLC, 2987+ 3005 Casco Point Rd and PID 20-117-23-34-0027, Sketch Plan (Staff: Melanie Curtis) 3. LA22-000015 North Shore Development Partners-Matt Alexander, 3245 Wayzata Boulevard West, Sketch/ Concept Plan —Eisinger Flats (Staff: Jeremy Barnhart 4. Update on April 11, 2022 City Council meeting Adjourn Planning Commission Liaison to Monday, May 9, 2022 City Council meeting: Dennis Libby Sign up for email notifications at www.ci.orono.mn.us—follow links for Stay Connected & Email Notification MINUTES OF THE ORONO PLANNING COMMISSION Monday,March 21,2022 6:00 o'clock p.m. ROLL CALL The Orono Planning Commission met on the above-mentioned date with the following members present: Dennis Libby,Mark McCutcheon,Bob Erickson,and David Peterson.Representing Staff were Community Development Director Jeremy Barnhart,City Planner Melanie Curtis,and City Planner Laura Oakden. Chair McCutcheon called the meeting to order at 6:00 p.m.,followed by the Pledge of Allegiance. APPROVAL OF AGENDA Erickson moved,Libby seconded,to approve the Agenda.VOTE: Ayes 4,Nays 0. APPROVAL OF PLANNING COMMISSION MEETING MINUTES OF MARCH 21,2022 Libby moved,Erickson seconded,to approve the minutes of the Orono Planning Commission meeting of March 21,2022.VOTE: Ayes 4,Nays 0. PUBLIC HEARINGS 1. LA22-000008,JON BYINGTON O/B/O TRAVIS DEJONG, 1270 WILDHURST TRAIL, AVERAGE LAKESHORE SETBACK VARIANCE(STAFF: LAURA OAKDEN) Travis and Julie DeJong,Applicants,were present. Staff presented a summary packet of information.Ms.Oakden noted the Applicant is requesting an Average Lakeshore Setback(ALS)variance to put an addition and deck improvement to a house that is forward of the ALS.The existing home is non-conforming to the ALS.The Applicant has identified the current location of the home and the location of the northern neighbor's home as reasons for practical difficulty. Staff agrees with the Applicants arguments for practical difficulty due to the extreme setback of the northern neighbor's home and that the new addition and deck will not create any new view obstructions for the neighbors.The Applicant submitted a letter of acknowledgement from 1284 Wildhurst Trail which is the southern neighbor who would be the most impacted view of the project. Staff recommends approval of the ALS variance as proposed. Jon Byington,905 Maplecrest Drive,Minnetrista,stated they are building an area for storage for outdoor and lake activities such as canoes,bikes,and lawn mowers. It will not be accessed through the house. Julie DeJong, 1270 Wildhurst Trail,clarified that this is not an addition to the house but is a separate, outside entrance only with a garage-style door. It does not obstruct the neighbor's view and maintains the same height as the previous deck. Chair McCutcheon opened the public hearing at 6:08 p.m. Chair McCutcheon closed the public hearing at 6:08 p.m. Libby asked if he missed any engineering reviews in the package regarding grading. Page 1 of 3 MINUTES OF THE ORONO PLANNING COMMISSION Monday,March 21,2022 6:00 o'clock p.m. Oakden replied the engineer has not reviewed the application yet as it is being built into an existing grade and will have a minimal amount of grading. She clarified it will be reviewed at the time of the building permit. Chair McCutcheon noted the Applicant is not asking for more but is maintaining the current setback and the neighbor to the north has an extreme setback which the Commissioners have seen before. Community Development Director Barnhart asked to clarify terms,noting the Applicant stated the building was not an addition. The site plan shows the building is to be attached even if there are not access doors between the areas. If the building was not attached it is considered a separate building and there is a 10 foot setback required.He confirmed with the builder that the building will be attached. Oakden noted they are proposing a full foundation footing wall attached to the wall underneath the enclosed deck.Access will be exterior only. Barnhart stated the Commission could table the application pending further information and clarification, or Ms. Oakden can clarify the review before it goes to City Council. The Commissioners discussed the item. Erickson moved,Peterson seconded,to approve LA22-000008, 1270 Wildhurst Trail,Average Lakeshore Setback Variance as applied with additional clarification provided to Staff before the City Council meeting.VOTE: Ayes: 4,Nays 0. 2. LA22-000013,JALIN DESIGN,LLC—JEFF LINDGREN,2726 CAROLINE AVENUE, AVERAGE LAKESHORE SETBACK VARIANCE(STAFF: MELANIE CURTIS) Jeff Lindgren,on behalf of the Applicant,was present. Staff presented a summary packet of information. Curtis stated the owners would like to construct additions on the lakeside of their home including a main level expansion of the kitchen and a screen porch which will encroach approximately 15 feet into the Average Lakeshore Setback(ALS). They also plan to rebuild an existing deck with a slightly expanded footprint squaring off some clipped edges of the existing footprint which is 21.5 feet into the ALS.The Applicant has identified the unique shoreline, adjacent homes, and shape and orientation of the subject property as practical difficulties.The proposed additions have been designed to minimize impact to the adjacent properties and to protect their existing views of the lake. Supportive comments have been received by the affected neighbors on each side of the property and are included in the packet. Staff agrees that the location of the existing home with respect to the shoreline and adjacent homes contribute to practical difficulty on the property. Staff recommends approval of the Average Lakeshore Setback as requested. Jeff Lindgren,6514 108t Trail,Brooklyn Park,stated the existing deck is actually a habitable porch which is enclosed and heated; it is falling apart and leaking. Chair McCutcheon opened the public hearing at 6:28 p.m. Chair McCutcheon closed the public hearing at 6:28 p.m. Page 2 of 3 MINUTES OF THE ORONO PLANNING COMMISSION Monday,March 21,2022 6:00 o'clock p.m. Libby agreed it is an unusual property with the way the lot is shaped and the orientation. Erickson also feels this is a reasonable use for the property with many neighboring homes already having been upgraded and the owners are bringing this home closer to the level of the neighborhood. Chair McCutcheon agreed. Libby moved,Erickson seconded,to approve LA22-000013,2726 Caroline Avenue,Average Lakeshore Setback Variance.VOTE: Ayes: 4,Nays 0. OTHER BUSINESS 3. PC Liaison to City Council Schedule 4. Update on March 14,2022 City Council meeting Barnhart noted the City Council reviewed the Planning Commission recommendations from the February meeting.The hardcover and setback variance for a retaining wall was tabled,the variance at 2590 Watertown Road withdrew their application,and the variance at 65 Stubbs Bay was approved on the Consent Agenda. ADJOURNMENT Libby moved,Erickson seconded,to adjourn the Planning Commission Meeting.VOTE: Ayes 4, Nays 0. The Orono Planning Commission meeting adjourned at 6:37 p.m. ATTEST: Mark Mc ut n,Chair Page 3 of 3 • Date Application Received: 03.23.2022 Date Application Considered as Complete:03.28.2022 60-Day Review Period Expires: 05.27.2022 To: Mark McCutcheon and Planning Commission Members y >, Adam Edwards, City Administrator Ft L� ''(EsHO From: Laura Oakden , LLO Date: April 18, 2022 Subject: LA22-000014, Eric Zehnder, 940 North Arm Drive,Variance, Public Hearing Application Summary: The applicant is requesting an average lakeshore setback variance to elevate the grade lakeward of the setback over 42 inches in height. Staff Recommendation: Planning Department Staff recommends denial. Background The applicant is currently constructing a new home on the property, issued on July 2021. The site has a large sloped yard to Lake Minnetonka. In 2011, a previous owner removed the then existing home, and did not restore the grade after removing the basement area leave a large depression in the property. The applicant is proposing to use some of the earth excavated from • the new house project and fill in the large hole from the previous building to even out of the yard between the house and the lake. In this area, a pool, patio, and retaining wall are proposed. The average lakeshore setback allowed for these accessory structure improvements but limited the allowed height at 42 inches (3.5 feet) above existing grade. This improvements are proposed to be approximately 11.5 feet above existing grade. Staff has analyzed the slope with the neighboring properties and determined the current project would still be roughly 8 feet above the estimated natural grade of the neighboring properties. Practical Difficulties Analysis Applicant Submittal Information:The applicant has identified the unique existing grade left over from the removal of a previous home and slope in the lake yard as practical difficulties supporting the requested variance.Additionally,they have provided supporting documentation regarding Practical Difficulties attached as Exhibit B, and should be asked for additional testimony regarding the application. Planning Staff Practical Difficulty Analysis: Regarding practical difficulty,Staff finds the grade is a unique challenge to the property and not created by the current homeowner. The proposed project will create a more natural grading pattern consistent with the neighboring properties. However,the property owner can install these improvements without elevating the existing grade by lowering the proposed pool or patio to the existing contours and using stairs to access the space from the house. Elevating the improvements is a convenience to the homeowners and not a necessary for the use of the property. LOT ANALYSIS WORKSHEET • Section 78-330—Pool Setbacks: FILE#LA22-000014 April 18,2022 Page 2 of 5 DISTRICT LR-1B Required Proposed Street 17.5' 140' Side (North) 10' 35' Side (South) 10' 30' Lakeshore 75' 75' The proposed pool and patio project The proposed improvement has a Average Lakeshore is a permitted improvement within maximum final grade 11.5 feet the average lakeshore setback with a above existing grad where 3.5 is 3.5 feet height limit. permitted. Section 78-330—Lot Area/Width: DISTRICT Lot Area Lot Width Required 43,560 s.f. (1 acres) 140' Actual 43,378 s.f. (0.99 acre) 140' @ 75'/120' @ OHWL Section 78-1680 and 78-1700—Hardcover Calculations: Stormwater Overlay District Total Area in Allowed Existing Proposed Zone Hardcover Hardcover Hardcover Tier Tier 1 43,378 s.f. 10,844.5 s.f. 7,386 s.f. 10,305 s.f. (25%)* (17%)* (24%) *Calculated by Staff Applicable Regulations: • Average Lakeshore Setback Variance (78-1279) The average lakeshore setback allows construction of patios and accessory structures less than 42 inches above existing grade. The patio and pool as proposed are shown to have a final elevation of 964. The lowest abutting existing grade to the project is 952.5. The project will be elevated 11.5 feet above existing grade where only 42 inches(3.5 feet)is permitted. The extremely low grade was created from the demolition of a previous home(2011) which is inconsistent with the neighboring, 'natural' grading patterns. Following the contour of the natural slope of the neighboring property suggests the 956 contour would be more representative of the existing natural grade, which staff could support. The applicant is requesting a taller improvement with a final grade at 964, which would create an 8 foot elevation. 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 • FILE#LA22-000014 April 18,2022 Page 3 of 5 • 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 property will not impact the sight lines of the lake for the neighboring property. The variance would meet this standard. 2. The variance is consistent with the comprehensive plan.The property is being used for a single family home consistent with the comprehensive plan. The project is proposing to install a patio and pool which are accessory improvements to the primary use of the site,which is the house. 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 states"Due to the existing grade of the land, it is a difficult lot to build on and the added fill to bring the pool up to the desired grade does not impact neighbors on either side and will not at all impact any site lines." b. There are circumstances unique to the property not created by the landowner; The slope in the lakeyard and irregular contour for the neighborhood were not created by the homeowner. c. The variance will not alter the essential character of the locality. The variance would permit elevating the grade approximately 8 feet above neighboring, natural grades,contrary to the character of the locality. 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 house with a patio and pool are 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 grading on the parcel is unique to this property left over from an older home demolition project. Elevating the proposed pool and patio above 42 inches in height is not unique. However,raising the grade 11.5 feet does appear excessive. 411 FILE#LA22-000014 April 18,2022 Page 4 of 5 9. The conditions do not apply generally to other land or structures in the district in which 1111 the land is located.The unfilled hole supports the argument for deviation from the strict reading,as this condition is not found in the area. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.The proposed project to elevate the grade for the site to support accessory improvements is secondary to the main use of the site. The property has a home being constructed for use of the property. Staff finds this standard is not met. 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 variance is contrary to the intent of the chapter as the property meeting the primary use of the home on the site. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty.Granting the variance is a convenience. The proposed accessory structure improvements are able to be constructed on the existing grade which would meet the city code without the need for any variances. 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. Engineer Comments 1. Drainage patterns appear to be okay • 2. Proposed retaining wall will need to be designed by a licensed engineer and reviewed by the City Building official . Wall with footing will exceed 4 feet and appear to be built on top of fill. 3. Erosion control plan should be adjusted to provide double silt fence above the wetland boundary. 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 property have reasonable use of the site? 3. Can the proposed improvements be constructed without a variance? 4. Does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested variance(s)? 5. Are there any other issues or concerns with this application? Planning Staff Recommendation Staff can support a variance to fill in the hole left by the previous owner to use the 956 contour as the estimated natural grade for the area. Staff is challenged finding practical difficulties necessary to support the raising of the grade 8 feet about existing, 'natural' grades. Planning Staff recommends denial of the average lakeshore setback variance. S FILE#LA22-000014 April 18,2022 Page 5 of 5 List of Exhibits Exhibit A. Application Exhibit B. Practical Difficulties Documentation Form Exhibit C. Survey and Images Exhibit D. Proposed Plans and Elevations Exhibit E. Submitted Hardcover Calculations Exhibit F. Property Owners List and Map • Letter View PC Exhibit A Land Use Application Summary LA22-000014 Application Date: 03/23/2022 S Address: 940 North Arm Drive Orono, MN 55364 Parcel Number: 0711723110014 Land Use Number: LA22-000014 Application Submitted By: Agent on behalf of property owner Owner: Name: JAMES MATTSON Address: 643 5TH STN#616 MINNEAPOLIS MN 55401 Applicant: Name: Eric Zehnder Company: Zehnder Homes Inc Address: 4400 Bluebell Trail S Medina, MN 55340- Ericzehnder@zehnderhomes.com Contact Information: Associated Contact: Eric Zehnder Ericzehnder@zehnderhomes.com Associated Contact: Associated Contact: • Associated Contact: Project Description: Variance for pool elevation Land Use Application Type: Amendmend Application D Appeal of Admin Decision D Concept Application D Conditional Use Permit ❑ Site Plan Application El Subdivision Application ❑ Subdivision Exception El Vacation Application ❑ Variance Application 0 Applicant Signature: i file:///C/Users/loakden/Downloads/Land%20Use%20Application%20Summary%20(16).htm[4/14/2022 12:44:08 PM] • ZEHNDER HOMES, INC I 10300 10TH AVE N • PLYMOUTH,MN 55441 • 763-204-8114 • LICENSE#: BC582356 Narrative for Variance Request 940 North Arm Drive A variance is being requested to raise the grade in the lakeshore setback area above the allowed 42". The existing grade is roughly at an elevation of 956. The proposed pool deck would be at an elevation of 964. The previous home on the property was built towards the bottom of the hill,partially in what is now the lakeshore setback area. The new home is being built towards the top of the hill,and as a result,the basement floor is considerably higher than the bottom of the hill. The landowner wishes to raise the grade where the pool is proposed in order to not have a significant number of steps down to the pool deck. This variance will not impact the views of either neighbor and, given the circumstances of the lot,is a reasonable request. • Letter View PC Exhibit B PRACTICAL DIFFICULTIES DOCUMENTATION FORM LA22-000014 LA22-000014 1. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter. Response: Due to the existing grade of the land, it is a difficult lot to build on and the added fill to bring the pool up to the desired grade does not impact neighbors on either side and will not at all impact any site lines. 2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. Response: This lot has a dramatic slope. The landowner has done what they can to address this issue, but in order to mitigate this issue, a variance is needed. 3. The variance, if granted, will not alter the essential character of the locality. Response: This variance will not alter the essential character of the neighborhood. It is not for a structure, it is for a pool. 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 the cause for this variance application. 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 hip 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: 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: As stated previously, this land has a very dramatic slope. 9. The conditions do not apply generally to other land or structures in the district in which said land is located. Response: I cannot confirm that this issue is unique on this property, as I'm sure other lake lots have similar issues, but the slope on this lot is very dramatic and likely unique to that degree. I would venture to, guess that similar variances have been approve to alleviate similar issues. file:///C/Users/loakden/Downloads/Practical%20Difficulties%20Documentation%20Form%20(14).htm[4/14/2022 12:44:09 PM] Letter View 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. *sponse: This variance will greatly enhance the enjoyment of the landowner's use of the property. 11. The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code. Response: There is no health, safety or other aspects that will be affected by granting of this variance. 12. 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Key to Survey Hardcover Item(Describe) Length x Width Total(Square Feet) (Example) (Garage) (24'x 30') (720 S.F.) A Proposed House/Garage 3,536 S.F. B Proposed Driveway 3,385 S.F. C Proposed Portico 64 S.F. D Proposed Sidewalk 14 S.F. E Proposed Terrace 388 S.F. F Screen Porch 280 S.F. G Proposed Paver Patio 1576 S.F. H Proposed Pool 800 S.F. I Prop.Ret.Wall(inside OHW setback) 131 S.F. J Proposed Concrete Pad 26 S.F. K Existing Ret.Walls(inside OHW setback) 67 S.F. L Prop.Landing(inside OHW setback) 24 S.F. M Prop.Landing(outside OHW setback) 24 S.F. N Prop.Dock Stairs(outside OHW setback) 145 S.F. III O Proposed Paver Steppers 126 S.F. P S.F. Q S.F. R S.F. S S.F. T S.F. U S.F. ✓ S.F. W S.F. X S.F. Y S.F. Z S.F. (1)Total Proposed Hardcover 10586 S.F. Excludable Hardcover(See City Code Sec 78-1684): I Prop.Ret.Wall(inside OHW setback) 150 S.F. K Existing Ret.Walls(inside OHW setback) 131 S.F. S.F. S.F. S.F. (2)Total Excludable Hardcover 281 S.F. (3)Net Proposed Hardcover[Subtract line(2)from line(1)] 10,305.00 S.F. (4)Total Lot Area 43,378 S.F. Proposed Hardcover Percentage[(3)+(4)] 23.76% % This is an information packet regarding Hardcover.Every effort has been made to insure the accuracy of the information • contrained herein;however,if any information is not consistent with City Code,the Code provisions will prevail. PC Exhibit F LA22-000014 VI Hennepin County Locate & Notify Map 7„,,,, ', Date: 3/24/2022 irpr.835 a I 885 ' ' 4 1 1 954 .w. 1160 0, 860 iti• il 875 ma t` 0 4.:% ! 151 • 500 41' 4119 41 1135 4,� 920 n,, or. • 915 {sN (Ra 941 950 its, {Ltl 4250 945 rm. tin) ,2l 9138 SKI s. 40 10 5; !3r 970''4' 4160 Im 4221i ki!',, rst,Lake4Ar 4049151 tvI 465'1 +'.15 NMI 1111 C6. 4285 40: + , t .. 3:, t�ahl I 1:115 1015 MI atu 1135 g, 1027 ,i, 1045 1;Ies Buffer Size: 500 0 50 100 200 Feet Map Comments: 11 I I I 1 I l I 940 North Arm Dr. This data O 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, engneenng or surveying • purposes.Hennepin County shall not be liable for any damage,injury or loss resulting from the data. For more information,contact Hennepin County GIS Office 300 6th Street South,Minneapolis,MN 55487/gis.info@hennepin.us 38 07-117-23 11 0001 38 07-117-23 11 0011 38 07-117-23 12 0008 TRESSA JOHNANSEN JOE HAFERMANN JOHN D YOUNG 941 NORTH ARM DR JONE HAFERMANN LAURA E YOUNG 4110 MOUND MN 55364 5525 ZENITH AVE SO 900 FOREST ARMS LN EDINA MN 55410 MOUND MN 55364 38 07-117-23 11 0002 38 07-117-23 11 0012 38 07-117-23 12 0015 DOUGLAS J NIELAND BENJAMIN L MITLYNG CHAD D GUSTAFSON LAVONNE A ROSENWINKEL SARA J MITLYNG MEGAN A GUSTAFSON 960 FOREST ARMS LA 870 WINDJAMMER LA 895 FOREST ARMS LA MOUND MN 55364 MOUND MN 55364 MOUND MN 55364 38 07-117-23 11 0003 38 07-117-23 11 0013 38 07-117-23 12 0017 ASHLEY NICOLE THOME MATTHEW GETTMAN THERESA B MEAKINS ANDREW ROSS CHANG CHING LO GETTMAN 920 FOREST ARMS LA 4160 FOREST LAKE DR 880 WINDJAMMER LA MOUND MN 55364 MOUND MN 55364 MOUND MN 55364 38 07-117-23 11 0004 38 07-117-23 11 0014 38 07-117-23 12 0018 JOSEPH ALLEN THEISEN JAMES MATTSON JAMIE BELAWSKI/AARON RUSS 970 FOREST ARMS LA 643 5TH ST N#616 915 FOREST ARMS LA MOUND MN 55364 MINNEAPOLIS MN 55401 MOUND MN 55364 38 07-117-23 11 0005 38 07-117-23 11 0015 38 07-117-23 12 0019 GERALD L BLOMS MARK J&CHERYL L FEINBERG ROBERT A EATON NANCY C BLOMS 7117 PELICAN BAY BLVD#307 945 FOREST ARMS LA 4195 FOREST LAKE DR NAPLES FL 34108 ORONO MN 55364 MOUND MN 55364 • 38 07-117-23 11 0006 38 07-117-23 11 0016 38 07-117-23 12 0020 THOMAS J THEISEN CHARLES J SMOOT JUDITH E OLSON 4175 FOREST LK DR VALARIE SMOOT 965 FOREST ARMS LA MOUND MN 55364 980 NORTH ARM DR MOUND MN 55364 MOUND MN 55364 38 07-117-23 11 0007 38 07-117-23 11 0017 38 07-117-23 12 0021 SAMUEL S HUDSON LAURA A JABLE&TODD R JABLE BRANDON GRADY 4155 FOREST LAKE DR 996 NORTH ARM DR NATALIE SWILER MOUND MN 55364 ORONO MN 55364 4210 FOREST LAKE DR MOUND MN 55364 38 07-117-23 11 0008 38 07-117-23 11 0018 38 07-117-23 12 0022 DEAN A RUDRUD LEISA L SODHI MARK R DONGOSKE JANET K STEWART 4080 DAHL RD 4250 FOREST LAKE DR 835 WINDJAMMER LA MOUND MN 55364 MOUND MN 55364 ORONO MN 55364 38 07-117-23 11 0009 38 07-117-23 11 0019 38 07-117-23 12 0027 MARK C STRASSER THOMAS E&MARY A DAHLQUIST 4205 FOREST LAKE DR LLC 830 WINDJAMMER LA 4070 DAHL RD 4205 FOREST LAKE DR MOUND MN 55364 MOUND MN 55364 MOUND MN 55364 38 07-117-23 11 0010 38 07-117-23 12 0007 38 07-117-23 12 0028 • FAIZ M&KATHLEEN J KHAN C A CLARK&B A SEGNER-CLARK DANIEL L CUMMINGS 850 WINDJAMMER LA 890 FOREST ARMS LA MARTHA CUMMINGS MOUND MN 55364 MOUND MN 55364 865 WINDJAMMER LA MOUND MN 55364 38 07-117-23 12 0029 RONALD&JUDITH DAVISSON • 860 N ARM DR MOUND MN 55364 38 07-117-23 12 0030 BRETT T BROGHAMMER 875 WINDJAMMER LA MOUND MN 55364 • • To: Chair McCutcheon and Planning Commission Members 0� Adam Edwards, City Administrator VDAT From: Melanie Curtis, Planner h'1GG t' Date: 18 April 2022 t'6 L� 41 EsHO°' Subject: #LA22-000012,Sven Gustafson—Stonewood LLC 2987 and 3005 Casco Point Rd and PID 20-117-23-34-0027 Sketch Plan Background The Hartzell Addition was platted in 1985. Each of the lots are conforming with respect to area and width. Lot 1 containing the tennis court was platted as a non-lakeshore lot; Lots 2 and 3 were platted as lakeshore lots. Proposal The applicant is proposing to re-plat all three lots.They are requesting informal feedback on their sketch plan proposal to move the lot lines in order to create one more lakeshore lot. In order to create a third lakeshore lot, one of the three lots will become nonconforming with respect to width.Their proposal reflects movement of the shared lot lines on all three properties.As a result,the existing Lot 3 (3005 Casco Point Rd) is proposed to be 65 feet wide at • the ordinary high water level (OHWL),and 75 feet wide at the 75-foot setback where 100 feet is required. As proposed,each lot is shown to have a conforming building envelope. If positive feedback is provided by Planning Commission and Council on the proposal,they intend to proceed with a preliminary plat application. Applicable Regulations: Lot Width Variance (Sec 78-350) The LR-1C district requires 100 feet in width at the ordinary high water level (OHWL) and at the 75-foot setback for Lake Minnetonka.Together,the properties have an approximate 264 feet in width as measured at the OHWL and 285 feet at the 75-foot setback. There should be at least 300 feet at these points to support three lakeshore lots. According to City Code Section 78-1 Definitions., Lot width means the horizontal distance between side lot lines measured at the following locations: (1)For lots which do not abut a lake or tributary, at the rear of the required front yard, measured parallel to the front lot line. (2)For lots which abut a lake or tributary, at the shoreline measured in a straight line between the points at which the side lot lines intersect the OHWL, and at the required structure setback from the OHWL,measured in a straight line between the points of intersection of the side lot lines with the structure setback line. • FILE#LA22-000012 18 April 2022 Page 2 of 2 • Lot Area Lot Width LR-1C Requirements (OHWL&75-foot SB) 21.780 s.f. (0.5 acres) 100' 2987 Casco Point Rd Existing=0.8 acre (35,172 s.f.) 199' @ OHWL/95' @ 75' Lot 2 Proposed=0.75 acre (32,714 s.f.) 100' @ OHWL/102' @ 75' 3005 Casco Point Rd Existing=0.84 acre (36,897 s.f.) 100' @ OHWL/100' @ 75' Lot 3 Proposed=0.73 acre (31,819 s.f.) 65' @ OHWL/75' @ 75' F Variance Required Tennis Court Lot Existing=0.52 acre (23,043 s.f.) 101' @ Casco Point Rd -Non-lakeshore lot Lot 1 Proposed=0.7 acre (30,579 s.f.) 100' @ OHWL/ 106' @ 75' -NEW lakeshore lot Staff Analysis The purpose for this application is to increase marketability by creating a third lakeshore lot.The Planning Commission and Council should determine whether or not the plat is appropriate given that a variance will be required. There is a sufficient buildable area on each property to accommodate a new home in a conforming location. Public Comments Comments from the public have been received and are attached as Exhibit D. • Issues for Consideration 1. Are there any other issues or concerns with this application? Planning Staff Recommendation Planning staff does not find justifiable reasoning to support the lot width variance to create one additional lakeshore lot.The properties are currently conforming. List of Exhibits Exhibit A. Proposed Plat Exhibit B. Aerial Photos Exhibit C. City Code Sections Exhibit D. 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'. • ` Gxtt i x #' 'R'' �,` �Ti J` mss'+ lit • L. • ;a a a .. •J T ; fir, ? • f ' :....._2 ' ° k , 4..• ... \ .'':4••••• '''% • '',. 1.,,45 i,, ,..: , ..,... . .,f,..,.,,,. pt- , W ti s . ^zsi • max ''• • p` , ., Attila., ° ,---h-. r P. A t 4T . .: 44..:_-.• i s r k_ i 4 ` * , Alt co _ • . .� u�t r r 9 d W . ii r ; "s`✓ I`s l 1,, Ifs' +rev 0 ♦ Jay ..,., ' 'lG'' ! P,.;wl. *.. ._ "?'Irl: ..4.144•.- ',r- r - I • PC Exhibit C 4111111 Modified/Edited for LA22-000012 Sec. 78-1. Definitions. The following words,terms and phrases,when used in this chapter,shall have the meanings ascribed to them in this section,except where the context clearly indicates a different meaning. Unless specifically defined in this section,the words and phrases used in this chapter shall have the meanings given to them in chapter 82. Accessory use,building, or structure means a use, building, or structure subordinate to and serving the principal use or building on the same lot and customarily incidental to the principal use or building. Alley means a public right-of-way which affords a secondary means of access to abutting property. Building means any structure having a roof which may provide shelter or enclosure of persons,animals or chattel;and when the structure is divided by party walls without opening,each portion of such building so separated shall be deemed a separate building. Building footprint means the outline of the total area covered by a building's perimeter at the ground level (to the block/foundation). (1) Carports,covered porches and other similar building features which have no exterior walls shall be included as part of a building footprint by drawing a straight line between the outer edges of all support structures(and the main building if applicable). (2) The outer edge of building protrusions,bay windows or other similar features that extend outward from a building and are less than four feet from the ground shall be considered as part of the building footprint. Building height means the vertical distance between the highest existing ground level or ten feet above the lowest ground level,whichever is lower,and the top of the cornice of a flat roof, or the deck line of a mansard roof,or the uppermost point on a round or other arch-type roof,or the median height of the highest gable of a pitched or hipped roof.Topographic changes which elevate the adjoining ground level above the existing terrain • shall not be considered in determining building height. Carport means an automobile shelter having one or more sides open. Cellar means that portion of the building having more than half of the floor-to-ceiling height below the average grade of the adjoining ground. City means the City of Orono, Minnesota. Clean fill means all native soils as described in the Unified Soils Classification System.Organic, manmade and reprocessed materials,topsoil and rocks larger than 0.25 cubic yard (2.9 feet diameter)shall not be considered clean fill. Cornice means any horizontal decorative molding that crowns a building or wall. Dry buildable means that portion of the lot not encumbered by the waters of a duly recorded lake or river, wetlands, bluffs,or slopes steeper than 30 percent. Dwelling means a building or part of a building containing independent living,sleeping, housekeeping accommodations, and sanitary facilities for occupancy by one family,intended to be occupied exclusively for residence purposes, but not including rooms in motels,hotels, nursing homes, boardinghouses, nor trailers,tents, cabins or trailer coaches.A dwelling shall not be interpreted to include lodging rooms. Dwelling,attached, means a dwelling which is joined to another dwelling at one or more sides by a party wall or walls. Dwelling,detached, means a dwelling which is entirely surrounded by open space on the same lot. Created: 2022-03-25 15:53:28 [EST] (Supp.No.20,Update 1) Page 1 of 23 • Engineered grade means the elevation of the ground,or any paving or sidewalk built upon it,which has been established on the basis of an engineered grading and drainage plan for the property that has been reviewed and approved by the city for the property. Essential services means the erection,construction,alteration,or maintenance of underground or overhead gas,electrical,steam, or water transmission or distribution systems,collection,communication,supply or disposal systems by public utilities, municipal or other governmental agencies, but not including buildings. Existing ground level means the elevation of the grade at the base of an existing structure, measured at points abutting the foundation wall,or the natural grade of a vacant lot or the engineered grade established by an approved grading plan at the time of final platting For conditional use permit. Family means any number of individuals generally, but not necessarily, related by blood or marriage, living together at one location maintaining a common household as a single, nonprofit housekeeping unit,as distinguished from a group occupying a boardinghouse or rooming house,hotel or motel. Family dwelling, multiple, means any structure made up of two or more attached dwellings. Garage,private, means a detached accessory building or portion of the principal building, including a carport, which is used for storing passenger vehicles, and trailers. Hardcover means a hard surface that prevents or retards entry of water into the soil and causes water to run off the surface in greater quantities and at an increased rate of flow than prior to development. Hardcover shall include but not be limited to the following:all building footprints,driveways,sidewalks,stepping stones, retaining walls, patios,courts(sport,tennis,etc.),decks, pools,areas used for the extended outdoor storage of vehicles or equipment, and all other similar features or surfaces as determined by the city engineer or city planner. In-kind,when used in the context of replacement of a non-conforming building or structure, means the replacement of a building or structure completely within the limits(location, height,width,and depth)of the • previous building or structure. Lot area means the area of a lot in a horizontal plane bounded by the lot lines, but not including any area occupied by the waters of a duly recorded lake or river or wetland or area which has been dedicated as public right-of-way. Lot,back, means a lot typically separated from a public or private road by another lot and which gains access to the public or private road via a narrow corridor.Such a separated lot is considered to be a back lot when the corridor is platted as an outlot.A separated lot is considered to be a flag lot when the corridor is platted as part of the lot.When the corridor is merely an easement over another lot,the separated lot is considered to be an easement back lot. Lot, corner, means a lot situated at the junction of,and abutting on,two or more intersecting streets,or a lot at the point of deflection in alignment of a continuous street,the interior angle of which does not exceed 135 degrees. Lot coverage means the total square footage of all building footprints and structures on a parcel. Lot depth means the mean horizontal distance between the front lot line and the rear lot line of a lot. Lot,front, means a lot abutting a public or private road,across which an outlot has been platted for access to a back lot. Lot,interior, means a lot other than a corner lot. Lot line means the property line bounding a lot;except that where any portion of a lot extends into the public right-of-way or a proposed public right-of-way,the line of such public right-of-way shall be the lot line. Lot line,front, means that boundary of a lot which abuts an existing or dedicated public or private street,and in the case of a corner lot it shall be the shortest dimension on a public or private street. If the dimensions of a 1111 Created: 2022-03-25 15:53:28 [EST] (Supp. No.20,Update 1) Page 2 of 23 corner lot are equal,the front lot line shall be designated by the owner and filed in the office of the building inspector. Lot line, rear, means that boundary of a lot which is opposite the front lot line. If the rear lot line is less than ten feet in length,or if the lot forms a point at the rear,the rear lot line shall be a line ten feet in length within the lot, parallel to and at the maximum distance from the front lot line.On a lakeshore lot,the rear lot line is the lot line that is opposite the natural ordinary high water mark at the lakeshore. Lot line,side, means any boundary of a lot which is not a front lot line or a rear lot line. Lot,lot of record, means any lot for which a deed or registered land survey has been recorded in the office of the Register of Deeds or the Registrar of Titles for Hennepin County prior to January 1, 1975, and after approval by the council if required. Lot, through, means a lot which has a pair of opposite lot lines abutting two substantially parallel streets,and which is not a corner lot.On a through lot, both street lines shall be front lot lines for applying this chapter. Lot width means the horizontal distance between side lot lines measured at the following locations: (1) For lots which do not abut a lake or tributary,at the rear of the required front yard, measured parallel to the front lot line. (2) For lots which abut a lake or tributary,at the shoreline measured in a straight line between the points at which the side lot lines intersect the OHWL, and at the required structure setback from the OHWL, measured in a straight line between the points of intersection of the side lot lines with the structure setback line. Municipal buildings or facilities means only those structures owned and operated by the city. Natural grade means the elevation of the ground surface in its natural state, prior to excavation or filling. (used for[section]78-1379 Alternative energy systems) • Nonconforming structure means any structure legally existing upon January 1, 1975,which would not conform to the applicable regulations if the structure were to be erected under the provisions of this chapter. Nonconforming use means use of land, buildings or structures legally existing on January 1, 1975,which does not comply with all the regulations of this chapter or any amendments to it governing the zoning district in which such use is located. Parking means the keeping of passenger automobiles and light trucks for a temporary period (usually less than 24 hours) in a space designated and improved for such use according to the requirements of the Zoning Ordinance. Parking does not include storage. Performance standards means criteria established to control noise,odor,toxic or noxious matter,vibration, fire and explosive hazards,or glare or heat generated by or inherent in uses of land or buildings. Permeable lining(landscaping fabric)means a porous material used for weed prevention that allows storm water to permeate into the ground. Pervious paver means concrete,asphalt or similar blocks with holes of some kind that allow water to go through the surface into a specialized aggregate base—consistent of an open-graded aggregate—and into the soils below. Pervious surface means naturally occurring groundcover or a variety of types of pavement,pavers and other devices that provide stormwater infiltration while serving as a structural surface. Retaining wall means a wall or similar structure designed and constructed to hold back and prevent lateral movement of earth or other landscaping materials. Created: 2022-03-25 15:53:28 [EST] • (Supp.No.20,Update 1) Page 3 of 23 Stockpiling means on-site storage of ten cubicyards or more of soil and/or aggregate in a concentrated state P 9 g / where the material is intended to be distributed throughout the site or exported from the site. Street means a dedicated public right-of-way not less than 50 feet in width which affords a primary means of access to abutting property. Street or road,private, means any private way set aside as a permanent right-of-way for vehicular access 50 feet or more in width. Structure means anything which is built,constructed or erected,an edifice or building of any kind,or any piece of work artificially built up or composed of parts joined together in some definite manner,which requires a location on, below or above the ground, land or water,or attached to something having a location on the ground, land or water. Use means the purpose or activity for which the land or building is designated, arranged or intended, or for which it is occupied, utilized or maintained,and shall include the performance of such activity as defined by the performance standards of this chapter. Use, conditional, means those occupations,vocations,skills, arts, businesses, professions or uses specifically designated in each zoning use district which,for their respective conduct, exercise or performance in such designated use districts, may require reasonable but special, peculiar, unusual or extraordinary limitations, facilities,or regulations in such use district for the promotion or preservation of the general public welfare, health, convenience or safety in such use and in the city and,therefore,may be permitted in such use district only by a conditional use permit,which is designed to meet the problem that arises where certain uses, although generally compatible with the basic use classification of a particular zone,should not be permitted to be located as a matter of right in every area included within the zone because of hazards inherent in the use itself or special problems which its proposed location may represent. Use,permitted, means a use which may be lawfully established in a particular district, provided it conforms with all requirements, regulations and performance standards(if any)of such districts. Use,principal, means the main use of land or buildings as distinguished from subordinate or accessory uses. A principal use may be either permitted or conditional. Use,secondary, means a use of land or of a building or a portion which is subordinate to and does not constitute the primary use of the land or building. Yard means a required open space on a lot,which is unoccupied and unobstructed by a structure from its lowest ground level to the sky except as expressly permitted in this chapter.A yard shall extend along a lot line and at right angles to such lot line to a depth or width specified in the yard regulations for the district in which such lot is located. Yard,front, means a yard extending across the front of a lot between the side yard lines and lying between the front street line of the lot and the required front yard setback line,which front yard shall be provided on both street frontages of corner lots and double-frontage lots.A lakeshore lot shall not be considered as having a front yard, but rather shall be considered as having a lakeshore yard on one side of the building and a rear yard on the other side of the building. Yard,lakeshore means a yard lying between the natural ordinary high water mark of a public water and a line parallel to it at the Shore Setback. Yard, rear, means a yard lying between the required rear yard setback line and rear line of the lot,for the full width of the lot.On a lakeshore lot,the rear yard shall be the yard which fronts on the street lying between the street line of the lot and the required rear yard setback line. Yard requirements means those requirements which relate exclusively to the size of yard areas when such are required within specific zoning districts. • Created: 2022-03-25 15:53:28 [EST] (Supp. No.20,Update 1) Page 4 of 23 Yard,side, means a yard extending along the side lot line between the front and rear yards, having a width as 41) specified in the yard regulations for the district in which such lot is located. Yard,side street, means a side yard abutting a side street. Cross reference(s)—Definitions generally, §1-2. Sec. 78-350. LR-1C district—Area, height, lot width, setback, and yard requirements. (a) The following minimum requirements shall be observed: Dimensional Requirements: Lot Area(Minimum):0.5 acre. Lot Width(Minimum): 100 feet. Height: Maximum 30 feet defined height;accessory buildings may not exceed height of principal building. Setbacks: Street/Front Interior Side Street Rear/Street OHWL* Wetland (feet) Side (feet) (feet) (feet) (feet) (feet) Principal Building 30 10 15 30 75/100/150 25 or +ALS MCWD buffer Accessory Building(AB) 30 10 15 10 75/100/150 25 or <1,000 sf +ALS MCWD buffer Oversize Accessory 30 10 15 30 75/100/150 25 or 1111 Building(OAB) +ALS MCWD >1,000 sf buffer Accessory Structures(AS) 15 10 15 10 75/100/150 25 or +ALS MCWD buffer *OHWL setback is determined by the classification of the lake as defined in section 78-1217 and the applied minimum setback from the OHWL as outlined in section 78-1279. (b) Exceptions: (1) Side yard setback. For lots that are non-conforming as to their width,the interior side yard setback for the principal building,and accessory buildings less than 1,000 square feet,shall be the lessor of ten feet or equal to ten percent of the lot width as defined. However, in no case shall the side yard setback be less than 7.5 feet. (2) Side yards adjacent to unimproved rights-of-way. In any residential district,the setback for side yards adjacent to unimproved rights-of-way shall be the same as the applicable interior side yard setback. Unimproved in this section shall be interpreted to mean not improved or maintained by the city or county for vehicular travel. (3) Front yard setback. For lots that are non-conforming with respect to area the minimum front yard setback for the principal building,and accessory buildings less than 1,000 square feet,shall be equal to the average depth of the existing front yards on the adjacent lots on each side of the non-conforming lot fronting on the same street. However,the depth of such front yard shall not be less than ten feet. Created: 2022-03-25 15:53:28 [EST] 411 (Supp. No.20,Update 1) Page 5 of 23 410 (Code 1984, § 10.25(6);Ord. No. 18 3rd series, §3,9-27-2004; Ord. No. 173 3rd series, §6,6-27-2016; Ord. No. 199 3rd series, §4,6-12-2017;Ord. No. 222 3rd series, §11, 12-10-2018) Sec. 78-1251. Notifications to the department of natural resources. Copies of all notices of any public hearings to consider variances,amendments or conditional uses under this article must be sent to the commissioner of the department of natural resources and postmarked at least ten days before the hearings. Notices of hearing to consider proposed subdivisions/plats must include copies of the subdivision/plat. Upon final action by the city council,a copy of approved amendments and subdivisions/plats,and final decisions granting variances or conditional uses under this article must be sent to the commissioner of the department of natural resources and postmarked within ten days of final action. (Ord. No. 101 2nd series, § 1(10.56(14)),2-24-1992) Sec. 78-1277. Minimum lot area/lot width standards. Minimum lot area and lot width standards of the underlying zoning district shall apply,with the following exceptions: (1) No lot within 1,000 feet of a general development lake and approved for duplex use per sections 78- 228(8),78-253(8),78-303(9), 78-328(9), 78-348(10),or 78-367(10)shall be less than 135 feet in width nor less than 26,000 square feet in area, if riparian, nor less than 17,500 square feet in area, if nonriparian, but such lot shall also meet the minimum lot area and width requirements of the respective underlying zoning district. (2) No lot within 300 feet of a tributary and approved for duplex use per sections 78-228(8), 78-253(8),78- 303(9),78-328(9),78-348(10),or 78-367(10)shall be less than 150 feet in width when no sewer is available, nor less than 115 feet in width when sewer is available, but such lot shall also meet the minimum lot width requirements of the respective underlying zoning district. (Ord. No. 101 2nd series, § 1(10.56(16)(A)),2-24-1992; Ord. No. 63 3rd series, §1,9-14-2009; Ord. No. 243 3rd series, §2,4-13-2020) Sec. 78-1279. Placement of buildings and structures on lots. When more than one setback applies to a site, buildings,structures,and facilities must be located to meet all setbacks. Buildings and structures shall be located as follows: (1) Building,structure, and on-site sewerage system setbacks(in feet)from ordinary high water level: Public Water Setbacks Classification Building/Structure Sewage Treatment Unsewered Sewered System NE 150 150 150 RD 100 75 75 GD 75 75 75 Tributary 100 75 75 (2) Additional building and structure setbacks.The following additional setbacks apply, regardless of the classification of the water body: Created: 2022-03-25 15:53:30 [EST] (Supp. No.20,Update 1) Page 6 of 23 Setback from: Setback (in feet) Top of bluff 30 Unplatted cemetery 50 Right-of-way line of federal,state or county highway and local public and 30* private roads * Except for accessory buildings on lakeshore lots as regulated in this chapter and except for buildings and structures subject to less restrictive side yard adjacent to street setbacks as regulated in the various zoning districts. (3) Bluff impact zones. Buildings,structures and accessory facilities,except stairways, landings and lock boxes, must not be placed within bluff impact zones. (4) Uses without water-oriented needs. Uses without water-oriented needs must be located on lots or parcels without public waters frontage,or, if located on lots or parcels with public waters frontage, must either be set back double the normal ordinary high water level setback or be substantially screened from view from the water by vegetation or topography, assuming summer, leaf-on conditions. (5) Fences, docks, retaining walls. No fence shall be placed within the Shore Setback zone. Portions of dock located landward of the OHWL shall be considered as a landing,subject to the regulations for landings per section 78-1282. Retaining walls shall not be placed within the Shore Setback zone. (6) Average lakeshore setback. No principal or accessory building shall be located closer to the Ordinary High Water Line(OHWL)than the average distance from the shoreline of existing principal buildings on adjacent lots;This does not apply to patios and other accessory structures less than 42 inches above existing grade, and/or stairways, lifts, landings, lockboxes,flagpoles and pump houses. Further,the 4110 average lakeshore setback shall apply only to classified lakes and shall not apply to tributaries.The average lakeshore setback line shall be a straight line connecting the most lakeward protrusions of the principal buildings on the immediately adjacent lakeshore lots. a. In situations where improvement is proposed on a lot adjacent to a vacant lot or right-of-way, the average lake shore setback shall be equivalent to the setback of the most lakeward protrusion of the principal building on the immediately adjacent improved lakeshore lot. b. In situations where the average lake shore setback line bisects the principal building located on either adjacent lot,the next most adjacent lake side point of the bisected principal building shall be used for determining the average lakeshore setback. If the line continues to bisect the principal building,the next most lakeside point is to be used until the setback line does not bisect the principal building on an adjacent lot. (Ord. No. 101 2nd series, § 1(10.56(16)(C)),2-24-1992;Ord. No. 11 3rd series, § 1,5-24-2004;Ord. No. 106 3rd series,§28, 6-10-2013;Ord. No. 157 3rd series, §1,8-10-2015; Ord. No. 222 3rd series, §19, 12-10-2018;Ord. No. 234 3rd series, §1, 10-14-2019;Ord. No.243 3rd series, §2,4-13-2020) Sec. 78-1700. Specific tier regulations. Per the official stormwater quality overlay district map,each property in the stormwater quality protection overlay district is assigned to a protection tier based on its relative distance to receiving waters.This protection tier dictates the specific protection measures that must be implemented. (1) Tier 1 parcels. Hardcover shall not exceed 25 percent of the gross lot area. Created: 2022-03-25 15:53:36 [EST] • (Supp. No.20,Update 1) Page 7 of 23 • (2) Tier 2 parcels. Hardcover shall not exceed 30 percent of the gross lot area. (3) Tier3 parcels. Hardcover shall not exceed 35 percent of the gross lot area. (4) Tier4 parcels. Hardcover shall not exceed 50 percent of the gross lot area. (5) Tiers parcels. Hardcover shall not exceed 85 percent of the gross lot area. (Ord. No.94 3rd series, § 11,9-24-2012) Sec. 82-2. Definitions. The following words,terms and phrases,when used in this article,shall have the meanings ascribed to them in this section,except where the context clearly indicates a different meaning: Applicant means any subdivider or their agent. Block means a tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, rights-of-way,exterior boundaries of the subdivision,shorelines of waterways,outlots or boundary lines of municipalities. Bond means any form of security, including surety bond,warranty bond, penalty bond,collateral, property, or instrument of credit acceptable to the city. Building means any structure having a roof which may provide shelter or enclosure of persons,animals or chattel;and when the structure is divided by party walls without opening,each portion of such building so separated shall be deemed a separate building. Building site line means a line on the preliminary plat which delineates the dry buildable land of any lot upon which a structure may be constructed,which land meets all of the setback requirements of chapter 78. Capital improvement program means an itemized program setting forth the schedule and details of specific contemplated public improvements by fiscal year, including public improvements in or related to air space and subsurface areas necessary for mined underground development pursuant to Minn.Stats. §§469.135-469.141, together with their estimated cost,the justification for each improvement,the impact that such improvements will have on the current operating expense of the city,and such other information on capital improvements as may be pertinent. Community facilities plan means a compilation of policy statements,goals,standards, maps and action programs for guiding the future development of the public or semipublic facilities of the city,such as recreational, educational and cultural facilities. Community management plan means a compilation of policy statements,goals and standards,and maps and recommendations for their execution, prepared and adopted by the city for guiding the physical,social and economic development, both private and public, of the city and its environs and to protect the public health, safety and welfare, and may include but is not limited to statements of policies,goals and standards,a land use plan, a transportation plan,a community facilities plan,a capital improvement program,an official map,a surface water management plan and a comprehensive sewer plan.The community management plan is the City of Orono's Comprehensive Municipal Plan. Comprehensive sewer plan means a compilation of policy statements,goals,standards, maps and action programs for the preservation and best use of waters and other natural resources of the city,for the prevention, control and abatement of water pollution in the city,and for the efficient and economic collection,treatment and disposal of sewage in the city. • Created: 2022-03-25 15:53:39 [EST] (Supp.No.20,Update 1) Page 8 of 23 Construction plan means the maps or drawings,accompanying a subdivision,showing the specific location • and design of required public or private improvements to be installed as part of the subdivision in accordance with the requirements of the city or this chapter as a condition of the approval of the subdivision. Cul-de-sac means a local street with only one outlet and having an circular turnaround for the safe and convenient reversal of traffic movement. Density means the number of building sites per acre. Design standards means the specifications to the subdivider for preparation of preliminary and final plats, including but not limited to the optimum, minimum or maximum dimensions of such items as rights-of-way, blocks, easements and lots, public and private improvements. Dry buildable land means that portion of the lot not encumbered by the waters of a duly recorded lake or river,wetlands, bluffs, or slopes steeper than 30 percent. Easement means authorization by a property owner for the use by another, and for a specified purpose,of any designated part of their property. Escrow means a deposit of cash with the city. Grade means the slope of a road,street or other public way,site or topography specified in percentage terms. Improvements means any building,structure,drainage ditch,dam, roadway, parkway,sidewalk, pedestrian way,trees,shrubs,lawn,off-street parking area,sewer and water utilities,or other facility. Improvements,lot, means any improvement on the lot. Improvements,private, means any improvement required by this chapter,which improvement the city or subdivider shall construct at the subdivider's expense and for which the city will not assume any responsibility for its maintenance and operation and which shall not be dedicated to the city. • Improvements,public, means any improvement required by this chapter,which improvement the city or subdivider shall construct at the subdivider's expense and for which the city will ultimately assume the responsibility for its maintenance and operation upon issuance of the certificate of satisfactory completion. Land use plan is a chapter of the community management plan and means a combination of policy statements,goals,standards,maps and action programs for guiding the future development of private and public property.The term includes a plan designating types of uses for the entire city as well as a specialized plan showing specific areas or specific types of land uses,such as residential,commercial, industrial, public or semipublic uses or any combination of such uses.A land use plan may also include the proposed densities for development. Lot means a tract, plot or portion of a subdivision or other parcel of land intended as a unit for the purpose, whether immediate or future,of transfer of ownership or for building development. Every platted lot shall be a buildable lot or an outlot. Lot area means the area of a lot in a horizontal plane bounded by the lot lines, but not including any area occupied by the waters of a duly recorded lake or river or wetland or area which has been dedicated as public right-of-way. Lot, back, means a lot typically separated from a public or private road by another lot and which gains access to the public or private road via a narrow corridor.Such a separated lot is considered to be a back lot when the corridor is platted as an outlot.A separated lot is considered to be a flag lot when the corridor is platted as part of the lot.When the corridor is merely an easement over another lot,the separated lot is considered to be an easement back lot. Lot, buildable, means a lot or combination of lots or outlots which meet all of the requirements of chapter 78 and this chapter for the intended purpose. Created: 2022-03-25 15:53:40 [EST] 110 (Supp.No.20,Update 1) Page 9 of 23 • Lot, corner, means a lot situated at the junction of,and abutting on,two or more intersecting streets, or a lot at the point of deflection in alignment of a continuous street,the interior angle of which does not exceed 135 degrees Lot,front, means a lot abutting a public or private road across which an outlot has been platted for access to a back lot. Lot, outlot, means a lot depicted on a final plat which intended for open space preservation,access,future development or other use. Lot width means the horizontal distance between side lot lines measured at the following locations: (1) For lots which do not abut a lake or tributary,at the rear of the required front yard, measured parallel to the front lot line. (2) For lots which abut a lake or tributary,at the shoreline measured in a straight line between the points at which the side lot lines intersect the OHWL,and at the required structure setback from the OHWL, measured in a straight line between the points of intersection of the side lot lines with the structure setback line. Natural feature means any naturally occurring physical phenomenon,including lakes,streams,flowage areas, marshland,wetlands,floodplains,slopes, unusual soil pockets,and rock outcroppings. Nonresidential subdivision means a subdivision for which the intended use is other than residential,such as commercial or industrial. Official controls and controls mean all provisions of this Code,ordinances and regulations which control the physical development of a city, county or town or any part or any detail,and implement the general objectives of the comprehensive plan.Official controls may include ordinances establishing zoning and subdivision controls,site • plan regulations,sanitary codes, building codes and official maps. Official map means a map adopted in accordance with Minn.Stat.§462.359 which may show existing and proposed future streets, roads and highways of the city and county;the area needed for widening of existing streets, roads and highways of the city and county;and existing and future county state aid highways and state trunk highway rights-of-way.An official map may also show the location of existing and future public land and facilities within the city. In counties in the metropolitan area as defined in Minn.Stat.§473.121,official maps may for a period of up to five years designate the boundaries of areas reserved for purposes of soil conservation,water supply construction,flood control and surface water drainage and removal, including appropriate regulations protecting such areas against encroachment by buildings,other physical structures or facilities. Off-site premises means any premises not located within the area of the property to be subdivided,whether or not in the same ownership of the subdivider. On-site septic manager means the person designated to administer and enforce chapter 58,article II. Outlot means the same as Lot, outlot. Owner means any person, partnership,corporation or any other legal entity having legal title to or sufficient proprietary interest in land sought to be subdivided under this chapter. Park commission means a body appointed by the council to study and consider the continuing needs of the city for parks and recreation areas.The commission shall report direct to the council, may hold joint meetings with the council, and may hold public hearings to determine public sentiment and make recommendations to the council. Park fund means a special fund established by the city to retain monies contributed by a subdivider in lieu of land in accordance with provisions of this chapter. • Created: 2022-03-25 15:53:40 [EST] (Supp.No.20,Update 1) Page 10 of 23 Plat means the map or plan of a subdivision showing the property boundaries, layout,dimensions and legal • descriptions of all lots, blocks and rights-of-way. Plat final, means the plat of the subdivision which includes all information required by statute and this chapter,which plat will be recorded with the office of the county recorder. Plat,preliminary, means the proposed plat showing all information required by this chapter. Platting authority means the city council pursuant to Minn.Stat.§462.358. Property line means the boundary lines enclosing a lot, parcel or tract of land. Regardless of the legal description,the property line to be used for purposes of compliance with chapter 78 and this chapter shall be the ordinary high water mark of any lakeshore,the edge of the right-of-way,the edge of any public or private roadway,or the edge of an adjacent lot or outlot. Public hearing means a hearing to be held by the planning commission to allow for public review and input relating to the proposed subdivision pursuant to Minn.Stat.§462.358 and section 78-48. Registered engineer means an engineer properly licensed and registered in the state. Registered land surveyor means a land surveyor properly licensed and registered in the state. Right-of-way means a strip of land occupied or intended to be occupied by an alley,street,crosswalk, railroad, public or private roadway or easement,electric transmission line,oil or gas pipeline,water main,sanitary or storm sewer main, or for another special use. Roadway means any street, highway, road, lane,way,trail or any other area used for vehicular traffic. Roadways classification means one or more of the following: (1) Principal arterial means a roadway intended to connect urban subregions with one another,connect urban and rural service areas with metro centers, or connect outstate cities. (2) Intermediate arterial means a roadway intended to connect two or more subregions, provide secondary connections outstate and complements principal arterials in high-volume corridors. (3) Minor arterial means a roadway intended to connect adjacent subregions and activity centers within subregions. (4) Collector means a roadway intended to connect neighborhoods within and between subregions. (5) Local means a roadway intended to connect blocks within neighborhoods and specific activities within homogeneous land use areas. (6) Parkway means a roadway intended to provide low-speed and low-volume vehicular or bicycle access to or through recreational areas, parks and lakeshore. (7) Dead end means a roadway with only one vehicular-traffic outlet. (8) Private means a roadway for which the city or other political subdivision shall not be responsible for its maintenance and operation. (9) Public means any roadway for which the city or other political subdivision is or expects to be responsible for its maintenance and operation. Roadway right-of-way width means the distance between property lines measured at right angles to the centerline of the roadway. Setback means the minimum horizontal distance between a structure,system or facility and a natural feature, property line, right-of-way line, ordinary high water level,structure,system or other facility. Created: 2022-03-25 15:53:40 [EST] • (Supp. No.20,Update 1) Page 11 of 23 4111 Sewage treatment system, on-site, means a device or series of interconnected components designed, installed and maintained for the purpose of safely treating and disposing of sewage and domestic waste,whenever such system is not part of a municipal sewerage system. (1) Individual system means a system serving an individual building,typically a single-family residence. (2) Collective system means a system serving two or more buildings,typically including individual septic tanks connected to a common soil treatment and absorption area. (3) Commercial system means a system serving any nonresidential building. Screening means a manmade or natural visual barrier of a type that will form a year-round dense screen. Shade tree means a tree of approved species and size. Shoreline means a line denoting the ordinary high water elevation of any lake,stream or other body of water,which ordinary high water elevation shall be as established by the Minnehaha Creek Watershed District, department of natural resources,or any other agency,whichever elevation is the highest. Single ownership means ownership by the same person,corporation,firm, entity,partnership or unincorporated association;or ownership by different corporations,firms, partnerships,entities or unincorporated associations, in which a stockholder, partner,or associate,or a member of their family owns an interest in each corporation,firm, partnership, entity or unincorporated association. Slope means vertical distance in feet per 100 feet of horizontal distance. State means the State of Minnesota. Street means the same as Roadways. Structure means anything which is built,constructed or erected,an edifice or building of any kind,or any • piece of work artificially built up or composed of parts joined together in some definite manner,which requires a location on, below or above the ground, land or water, or attached to something having a location on the ground, land or water. Subdivider means any person who: (1) Has an interest in land,who causes it,directly or indirectly to be divided into a subdivision; (2) Directly or indirectly sells,leases or develops,or advertises for sale, lease or development,any interest, lot, parcel,site, unit or plot in a subdivision; (3) Engages directly or through an agent in the business of selling, leasing,developing or offering for sale, lease or development a subdivision or any interest,lot,parcel,site, unit or plot in a subdivision; or (4) Is directly or indirectly controlled by or under direct or indirect common control with any of the foregoing. Subdivider's agent means any person who represents or acts for or on behalf of a subdivider in selling, leasing or developing,or offering to sell, lease or develop,any interest, lot, parcel, unit,site or plot in a subdivision. Subdivision means the separation of an area,parcel or tract of land under single ownership into two or more parcels,tracts, lots or long-term leasehold interests,where the creation of the leasehold interest necessitates the creation of streets, roads or alleys,for residential, commercial, industrial or other use or any combination of such uses, except those separations: (1) In which all the resulting parcels,tracts, lots or interests will be 20 acres or larger in size and 500 feet in width for residential uses and five acres or larger in size for commercial and industrial uses. (2) Creating cemetery lots. 11111 Created: 2022-03-25 15:53:40 [EST] (Supp.No.20,Update 1) Page 12 of 23 (3) Resulting from court orders, or the adjustment of a lot line by the relocation of a common boundary as • long as each of the resulting lots meets the requirements of chapter 78. Surface water management plan means a compilation of policy statements,goals,standards, maps and action programs for guiding the future hydrological and hydraulic development of the watersheds and subwatersheds,water storage areas,drainageways,floodways and filtration systems of the city to control surface water runoff,flood hazards,flood damage and general water quality within the city and its environs,including lakes,streams,wetlands, marshes, natural watercourses and storm sewer systems or facilities. Temporary improvement means improvements built and maintained by a subdivider during construction of the subdivision. Tract and subject tract mean the parcel of land comprising all the contiguous land owned or controlled by the subdivider and included in whole or in part in the subdivision. Transportation plan means a compilation of policy statements,goals,standards, maps and action programs for guiding the future development of the various modes of transportation of the city and its environs,such as streets and highways, public transit, railroads,air transportation,trucking and water transportation;and includes a major thoroughfare plan. Wetlands as defined in circular 39, "Wetlands of the United States", 1971 edition, United States Department of the Interior as amended from time to time. Water system, individual, means a water system which may include supply,treatment and distribution which serves only one lot(e.g., private well). Water system,private community, means a water system which may include supply,treatment and distribution facilities,established by a subdivider to serve two or more lots,which system is independent from the public water system. Water system,public, means a water system which may include supply,treatment and distribution facilities owned and maintained by the city. (Ord. No.248 3rd series, § 1,9-14-2020; Ord. No. 254 3rd series, §2,2-8-2021) ARTICLE III. PLAT APPROVAL PROCESS DIVISION 1. GENERALLY Sec. 82-81. Restrictions on development prior to final plat approval. Once a preliminary plat has been submitted to the city,whether a subdivision is occurring or not, no building permits will be issued by the city for the construction of any building,structure or improvement to the land or to any lot in the proposed subdivision until all requirements of this chapter have been fully completed,including the official recording of the final plat,or until the application is formally withdrawn by the subdivider.When specifically authorized by this chapter and specifically approved by the council, permits may be issued for the construction of certain improvements such as roads, utilities and drainage structures. (Ord. No.248 3rd series, §1,9-14-2020) Created: 2022-03-25 15:53:40 [EST] 410 (Supp. No.20,Update 1) Page 13 of 23 Sec. 82-82. Coordination of subdivision approval. (a) Intent. It is the intent of this chapter that subdivision review be carried out simultaneously with the review of accessory zoning applications, (variances,zone changes or other similar prerequisites)to the subdivision. (b) Fees.Whenever a proposed subdivision requires accessory zoning applications,the subdivider shall file the separate zoning applications and pay all required fees concurrent with the filing of the preliminary plat application. (Ord. No.248 3rd series, §1,9-14-2020) Sec. 82-83. Official submission dates. (a) The city shall establish and publish submittal deadlines for land use applications annually.Subdivision applications shall be submitted based on this schedule. (b) When a division or subdivision to which the regulations of the city do not apply is presented to the city,the city administrator or designee shall within ten days certify that the subdivision regulations of the city do not apply to the particular division. (c) If the city or the responsible agency of the city fails to preliminarily approve or disapprove an application within the review period,the application shall be deemed preliminarily approved;and upon demand the city shall execute a certificate to that effect. Following preliminary approval,the applicant may request final approval by the city;and upon such request,the city shall certify final approval within 60 days if the applicant has complied with all conditions and requirements of applicable regulations and all conditions and requirements upon which the preliminary approval is expressly conditioned either through performance or • the execution of appropriate agreements assuring performance. If the city fails to certify final approval as so required,and if the applicant has complied with all conditions and requirements,the application shall be deemed finally approved;and upon demand the city shall execute a certificate to that effect.After final approval a subdivision may be filed or recorded. (Ord. No.248 3rd series, § 1,9-14-2020) Sec. 82-84. Initial staff review. Any person proposing subdivision of land within the city shall meet with the city administrator or designee to review briefly the proposed subdivision and receive advice concerning subdivision requirements, required submittals,fees and schedules. (Ord. No.248 3rd series, §1,9-14-2020) Sec. 82-85. Sketch plan. (a) Purpose.The sketch plan is an initial presentation of the subdivider's intention and serves as the basis for conceptual discussion between the city and the subdivider and provides beneficial savings for the subdivider. (b) Requirements.A sketch plan review may be completed for all subdivision applications. (c) Sketch plan application. (1) All subdivisions.The planning commission shall review all sketch plans based upon the subdivider's formal application. Incomplete applications will not be reviewed.Complete applications shall include the following: SCreated: 2022-03-25 15:53:40 [EST] (Supp.No.20,Update 1) Page 14 of 23 a. Completion of all items on the sketch plan application form; b. A location map; d. A map in a form acceptable to the city administrator or designee which adequately describes the proposed subdivision in such a way as to show compliance with this chapter; e. Any additional information requested by the city administrator or designee; and f. Payment of the sketch plan review fee. (d) Sketch plan review and recommendations. (a) Recommendations to the subdivider.After reviewing and discussing the sketch plan,city administrator or designee will advise in a general manner the subdivider of the changes or additions, if any,which will be required in the layout, and the character and extent of required improvements and dedications which will be required as a prerequisite to the approval of the final plat. (b) The planning commission shall study the sketch plan,taking into consideration the requirements of this chapter and the best use of the land being subdivided. Particular attention will be given to the location, arrangement,shape and size of lots,access,parkland dedication,the further development of adjoining lands as yet unsubdivided,and the requirements of chapter 78 and the community management plan. (c) The applicant may request review by the city council. Upon such request,the planning commission's comments shall be forwarded to the city council for study and comment. (Ord. No.248 3rd series, §1,9-14-2020) Sec. 82-86.Vested rights. No vested rights shall accrue to any subdivision by reason of preliminary or final subdivision approval except as stated in this article. For one year following preliminary approval and for two years following final approval, unless the subdivider and the city agree otherwise, no amendment to a comprehensive plan or official control shall apply to or affect the use,development density, lot size, lot layout,or dedication or platting required or permitted by the approved application.Thereafter, pursuant to its regulations,the city may extend the period by agreement with the subdivider and subject to all applicable performance conditions and requirements,or it may require submission of a new application unless substantial physical activity and investment has occurred in reasonable reliance on the approved application, and the subdivider will suffer substantial financial damage as a consequence of a requirement to submit a new application. In connection with a subdivision involving planned and staged development,the city may by resolution or agreement grant the rights referred to in this section for such period of time longer than two years which it determines to be reasonable and appropriate. (Ord. No.248 3rd series, § 1,9-14-2020) Secs. 82-87-82-110. Reserved. DIVISION 2. PRELIMINARY PLAT Sec. 82-111. Purpose and requirements. (a) Purposes. During this stage,the subdivider details their proposal and the city details the subdivision requirements, in the form of a preliminary plat. Created: 2022-03-25 15:53:40 [EST] • (Supp.No.20,Update 1) Page 15 of 23 • (b) Requirements.The subdivider is required to furnish detailed surveying,engineering and legal information sufficient to ensure compliance with the city's community management plan and chapter 78,and other local, state,federal,watershed or conservation district regulations.A preliminary plat review shall be completed for each subdivision proposed prior to the city's accepting any final plat application. (Ord. No. 248 3rd series, §1,9-14-2020) Sec. 82-112. Plat application. (a) Plat.All preliminary plat applications shall provide the following to be deemed complete: (1) Completion of all items required by the city; (2) Provision of the utilities map, if applicable; (3) A soil survey and report(to be requested by the city if the city administrator or designee feels such information is necessary for the subdivision review); (4) A soil erosion and sedimentation control plan; (5) A vegetation preservation and protection plan; (6) Any additional information requested by the city administrator or designee or planning commission; a. Proposed protective covenants; b. Statement of the proposed use of lots stating type of residential buildings with number of proposed dwelling units and type of business or industry,so as to reveal the effect of the development on traffic,fire hazards and congestions of population;or • (7) Payment of the preliminary plat review fee;and Certification does not mean all information is correct,just that apparently all issues identified in the plat have been addressed by the subdivider. (b) Application deadlines.The subdivider shall file a complete preliminary plat application with the city administrator or designee at the deadline established by the city annually. (Ord. No.248 3rd series, §1,9-14-2020) Sec. 82-113. Staff and agency review of the preliminary plat. (a) General coordination. On behalf of the city,the city administrator or designee shall coordinate the review of preliminary plats by all appropriate city staff persons and governmental agencies.The subdivider is responsible for filing all applications and obtaining all appropriate approvals from other agencies and to keep the city administrator or designee fully informed of the status of the review by the appropriate agency.The subdivider shall submit to the city copies of all applications filed with other governmental agencies. (b) Referral to planning commission. Upon receipt of a complete preliminary plat application,the city administrator or designee shall place the application on the agenda of the regularly scheduled planning commission meeting for which the public hearing has been scheduled.The planning commission shall then begin reviewing the proposal. (c) Public hearing meeting notice. Notice of the hearing shall be consistent with public hearing requirements in the zoning ordinance,section 78-48. • Created: 2022-03-25 15:53:40 [EST] (Supp.No.20,Update 1) Page 16 of 23 (d) Referral to park commission.Where the proposed plat includes provisions for the dedication of land for • public park purposes,trails or jointly used recreational facilities,the city administrator or designee shall refer the application to the park commission,which shall review the proposal and provide recommendations to the city council. (Ord. No.248 3rd series, § 1,9-14-2020) Sec. 82-114. Planning commission review of the preliminary plat. (a) Generally.The planning commission shall study and review all preliminary plat applications. Particular attention will be given to the location,arrangement and size of lots and blocks;the location,width, length and continuity of streets;the topography and ecology of the land;sewage disposal;traffic;drainage; public services;the further development of adjoining lands as yet unsubdivided;the requirements of chapter 78 and community management plan;and the recommendations of the city staff and other governmental agencies. (b) Planning commission public hearing.At the advertised time and place,the planning commission shall hold a public hearing as required by Minn.Stat. §462.358.The recommendations of city staff and governmental agencies shall be entered in the record.At the discretion of the planning commission,the public hearing may be closed or may be held open for additional information. (c) Planning commission recommendations.After the planning commission has reviewed the preliminary plat and the testimony and exhibits submitted at the public hearing, including citizen comments and the recommendations of the city staff and other governmental agencies,the subdivider shall be advised of any required changes and/or additions.The planning commission shall recommend approval,conditionally approve or deny the preliminary plat. If the planning commission fails to act within the 100-day period,the city administrator or designee shall refer the application to the council for action within 120 days of the date • of certification. (Ord. No.248 3rd series, §1,9-14-2020) Sec. 82-115. Council review of the preliminary plat. (a) Required.The council shall review all preliminary plat applications. Particular attention will be given to the record developed by the planning commission's study of the proposal and to the recommendations of the planning commission and the city staff. (b) Council action.The council should approve,conditionally approve or disapprove the preliminary plat within 120 days following the date of certification by the city administrator or designee of the completed application unless an extension of the review period has been agreed to by the subdivider in writing. (c) Recommendations to the subdivider.The action of the council shall be in the form of a resolution setting forth the conditions of approval,including any changes,additions and/or other requirements to be met by the subdivider prior to final plat approval. In addition to the specific conditions stated,the subdivider must fulfill all other requirements and performance standards of this Code. (d) Failure to act by the city. If the city or the responsible agency of the city fails to preliminarily approve or disapprove an application within the review period,the application shall be deemed preliminarily approved; and upon demand the city shall execute a certificate to that effect. Following preliminary approval the applicant may request final approval by the city,and upon such request the city shall certify final approval within 60 days if the applicant has complied with all conditions and requirements of applicable regulations and all conditions and requirements upon which the preliminary approval is expressly conditioned either through performance or the execution of appropriate agreements assuring performance. If the city fails to Created: 2022-03-25 15:53:41 [EST] (Supp.No.20,Update 1) Page 17 of 23 certify final approval as so required, and if the applicant has complied with all conditions and requirements, the application shall be deemed finally approved;and upon demand the city shall execute a certificate to that effect.After final approval,a plat may be filed or recorded. (e) Grading of site prior to final approval.Subsequent to preliminary plat approval by the council,the subdivider may apply for a land alteration permit from the city and upon receipt of such permit may commence construction to the grades and elevations required by plans approved by the city. (Ord. No.248 3rd series, §1,9-14-2020) Sec. 82-116. Effective period of preliminary plat review. Council resolution concerning any preliminary plat shall remain effective for one year. Failure to file a complete final plat application within this time period shall be construed as formal withdrawal of the proposed plat. (Ord. No.248 3rd series, §1,9-14-2020) Secs. 82-117-82-140. Reserved. DIVISION 3. FINAL PLATS Sec. 82-141.Generally. • (a) Purpose. Final plat review is the final stage of the plat review process.The legal documents,including plat drawings,are reviewed for completeness and conformity with the intent and requirements of the preliminary plat approval. (b) Requirements.The applicant is required to furnish completed surveying, engineering,and legal documents suitable for recording in the county recorder's office,incorporating all the information and/or changes required as part of the preliminary plat review and resolution of preliminary plat approval.All documents and requirements shall be completed by the subdivider, reviewed by the city staff and the council,and approved by the council prior to the mayor's and city clerk's certifying approval of the final plat. (c) Prerequisite.A preliminary plat of substantially the same proposal shall have been approved by the council within one year of the filing of any final plat application.The city administrator or designee shall review each final plat application to ensure substantial conformity to the requirements and representations on the preliminary plat. (d) Substantial change from preliminary plat.The council may refuse to approve any final plat application which is substantially different from the approved preliminary plat,or which discloses possible misrepresentations on the preliminary plat. In the case of such denial council may require the applicant to resubmit the proposal for planning commission reconsideration,and may require the applicant to submit or resubmit any and all documents or information required for preliminary plat review. Planning commission reconsideration may include a new public hearing.The applicant shall pay applicable preliminary plat review fees. (Ord. No.248 3rd series, §1,9-14-2020) Created: 2022-03-25 15:53:41 [EST] (Supp. No.20,Update 1) Page 18 of 23 Sec. 82-142. Final plat application. (a) All plats. Complete final plat applications shall include one or all of the following to be determined by the zoning administrator: (1) Completion of all items required by city staff. (2) All information submitted for the preliminary plat review shall be in the record and shall be considered submitted for final plat review purposes. (3) One original and two copies signed by the grantor,of any required drainage, utility, road,access,open space,conservation or other easement in the standard form as provided by the city.Any other form or changes to the standard form must be approved by the city attorney prior to filing the final plat application. (4) One original and two copies,signed by the grantor,of any quitclaim deed or warranty deed dedicating required land to the city or other governmental jurisdiction. (5) One original and two copies of any private covenant,homeowners'association agreement or other private restriction intended to be filed in the chain of title of the property at the time the final plat is recorded. (6) A developer's contract, including the complete construction plans,specifications and performance security,shall be submitted by the subdivider for all required public or private improvements which are to be installed and/or completed after final plat approval. (7) A certificate of satisfactory completion signed by the city engineer shall be submitted by the subdivider for all required public and private improvements which have been or were required to be completed prior to final plat approval. 411 (8) Any additional information requested by the city administrator or designee or the council. (9) Payment of applicable fees and payments identified in the development agreement,or preliminary plat resolution. (10) Confirmation that all county taxes are paid. (11) Title commitment or acceptable evidence of title, dated no later than 45 days of the anticipated recording date. (12) The final plat. Record plat drawings shall be prepared by a registered land surveyor in accordance with applicable statute and county regulations and shall be submitted in the form of at least two plastic film reproducible copies,three copies for Torrens property.Original signatures and certifications shall be provided on the mounted and reproducible copies for the owners,those possessing any other property interest,the professional engineer(if applicable),and the registered surveyor.Spaces for certification by the city(signature lines for the mayor and clerk)shall be provided. (13) One copy of the final plat reduced to a scale of one inch equals 200 feet. (d) Application deadlines.The subdivider shall file a complete final plat application with the city administrator or designee within one year of preliminary plat approval. (Ord. No.248 3rd series, §1,9-14-2020) Sec. 82-143. Staff review of the final plat. (a) Coordination.The city administrator or designee shall coordinate the review of final plat applications. Created: 2022-03-25 15:53:41 [EST] 401 (Supp.No.20,Update 1) Page 19 of 23 • (b) Referral to city staff. (1) The city administrator or designee shall refer the application to all appropriate city staff personnel for review and certification. (2) The city administrator or designee shall review the final plat application for conformity with chapter 78 and this chapter and with the conditions and requirements of the preliminary plat approval,and shall certify their status to the council. (3) The city attorney shall review the record plat drawing, metes and bounds descriptions,easements, deeds,covenants,agreements and other documents for proper legal form,proper representation and complete execution by all required parties,all to uphold the interests of the city,and shall certify the approval to the council. (4) The city engineer shall: a. Review the record plat drawing, metes and bounds description,easements,deeds, agreements and other documents for proper and complete legal property descriptions; b. Review and approve all construction plans; c. Approve all construction estimates for work required to be completed after final plat approval; d. Issue,when completed, certificates of satisfactory completion for all work required to be completed prior to final plat approval; and e. Certify the approval and/or status of the above to the council. (5) The city finance director shall review all final plat applications as to tax status of the property;the original, outstanding and proposed special assessment amounts levied;and the payment and status of 1110 all fees or charges imposed on the property;shall prepare all special assessment reapportionments; and shall certify the above to the council. (6) Additional comments by other city staff personnel shall be submitted in writing to the city administrator or designee for inclusion in the record. (c) Requirements of other agencies.The subdivider shall submit to the city all written confirmation of official action taken by governmental agencies or jurisdictions subsequent to the approval of the preliminary plat. Such confirmation,including all necessary permits or authorizations,shall be submitted at the meeting at which the council will act on the final plat. (d) Final plat resolution.After review and certification of the final plat application,the city administrator or designee,shall prepare a resolution of final plat approval or denial to be presented to the council. (Ord. No.248 3rd series, § 1,9-14-2020) Sec. 82-144. Council review of the final plat. (a) Powers.The council is the platting authority pursuant to Minn.Stat. §462.358,shall modify,approve or deny all final plat applications. (Ord. No.248 3rd series, § 1,9-14-2020) SCreated: 2022-03-25 15:53:41 [EST] (Supp.No.20,Update 1) Page 20 of 23 S Sec. 82-145. Effective period of final plat approval. (a) The intent of the plat approval process is that final approval will be granted only upon satisfactory completion of all requirements by the subdivider, in which case plat certification and recording will follow without delay.The final plat shall be recorded within one year of approval date. (b) Failure of the subdivider to complete any or all requirements within this time period shall constitute a formal withdrawal of the proposed plat. (Ord. No.248 3rd series, § 1,9-14-2020) Secs. 82-146-82-171. Reserved. DIVISION 4. SUBDIVISION CERTIFICATION AND RECORDING Sec. 82-172. Documents. (a) Required.The documents provided by the subdivider for final plat certification shall be the same documents certified by the city staff unless changes,alterations or additions are required by the resolution of final plat approval, in which case corrected documents shall be supplied by the subdivider. (b) Documents to be certified by the city.The following documents shall be certified by the city: (1) Two plastic film reproducible copies(in the case of Torrens property,three copies)of the plat. (2) Resolution of final plat approval;one copy provided by the city. (c) Additional documents.The following additional documents shall be recorded with the plat: (1) One original signed by the grantor of any required drainage, utility, road,access, open space, conservation or other easement in the standard form as provided by the city. (2) One original signed by the grantor of any quitclaim deed or warranty deed dedicating required land to the city or other governmental jurisdiction. (3) One original copy of any private covenant, homeowners'association agreement or other private restriction intended to be filed in the chain of title of the property at the time the final plat or survey is recorded. (4) One original copy of any required development contract in the standard form as provided by the city. (Ord. No. 248 3rd series, §1,9-14-2020) Sec. 82-173. Staff certification. The city administrator,zoning administrator,city attorney,city engineer and city finance director or their designees shall each review the final legal documents and status of each plat proposal.Whenever the resolution of final plat approval requires changes, alterations or additions prior to final plat certification, upon receipt of all corrected documents,the city administrator or designee shall refer the revised documents to the affected staff for their review and recertification. (Ord. No.248 3rd series,§1,9-14-2020) Created: 2022-03-25 15:53:41 [EST] �. (Supp. No.20,Update 1) Page 21 of 23 Sec. 82-174. Official plat certification. Upon receipt of the final staff certifications,the city clerk shall determine that there has been final staff approval and shall thereafter present the final plat drawings and resolution of final plat or survey approval for the endorsement of the signature of the mayor, or the acting mayor presiding in the absence of the mayor. Upon endorsement of the mayor,the city clerk shall attest to the mayor's signature and the final city approval of the plat by signature and affixing the seal of the city on the resolution of final plat approval. (Ord. No.248 3rd series, § 1,9-14-2020) Sec. 82-175. Final acceptance of improvements. Final acceptance of all improvements and release of security shall be as and when set forth in the development contract and section 82-213. Final acceptance of all public improvements for which the city will thereafter be responsible shall be by separate motion of the city.The approval and certification by the city of a plat and/or the acceptance and recording of any easement or deed shall not be deemed to constitute or imply acceptance by the city of any street, road, easement or parts shown on the plat or identified by easement or deed. (Ord. No.248 3rd series, § 1,9-14-2020) Secs. 82-176-82-199. Reserved. DIVISION 5. EXCEPTION • Sec. 82-200. Exception. (a) Upon request,the city administrator or designee shall,within ten days,certify that the following are excepted from chapter 82 of the City Code: (1) A division of property where all the resulting parcels,tracts, lots or interests will be 20 acres or larger in size and 500 feet in width for residential uses and five acres or larger in size for commercial and industrial uses,or (2) Will create cemetery lots,or (3) Is court ordered,or (4) Is an adjustment of a lot line by the relocation of a common boundary and no new non-conformities are created or an existing non-conformity is increased. (b) Procedure for exempted subdivisions.The owners of such lots to be certified shall file with the city administrator or designee a certificate of survey of the lots to be divided,and pay the required fee.Such certificate of survey shall show the dimensions of the lots,as measured upon the recorded plan,the area of the lots,all corner elevations,all existing structures, including dimensions to existing and proposed property lines,all visible encroachments,all easements of record,and their proposed division.A written description of the separately described tracts which will result from the proposed division shall be included on the survey. If the proposed certification complies with all of the requirements of this section,it will be approved by the city administrator or designee and forwarded to the county for filing. (c) Limitations.The city administrator or designee shall not certify an adjustment of the lot line involving the same lot or parcel more than once every 365 days.The adjustment may be platted. • Created: 2022-03-25 15:53:41 [EST] (Supp.No.20,Update 1) Page 22 of 23 (Ord. No.248 3rd series, § 1,9-14-2020) 0 Secs. 82-201-82-211. Reserved. S Created: 2022-03-25 15:53:41 [E5T] 0 (Supp. No.20,Update 1) Page 23 of 23 PC Exhibit D Miller S From: )on Miller To: Melanie Curtis Subject: Development Concerns with Hartzle property 2987 Casco Pt Rd Date: Wednesday,March 9,2022 9:18:46 AM Hi Melanie, Good talking to you yesterday and thanks for the insight on everything. As i discussed my concerns are related to the water flow that comes down the street to a single drain between our property (2980) and Bonnie Martinsons which empties into Casco Cove. I understand the city has ordinances and that engineering was done beforehand to plan for the water flow but the fact is that is that it is not working. With the developments of neighboring properties over the years there is a much higher frequency of wash outs (water coming over the berm and going through the properties) and is now happening from "normal" rains. I understand water has to go somewhere and feel Im practical about that fact but what concerns me is the city may overlook considering what is happening now with the wash outs and and how the development of this property will exacerbate the issue with the water flow. I also understand the difficult situation after someone has bought the property with dreams of what they want(example would be on how the lots get built up high so even though hard cover is in accordance with the city rules the slope leads to water flowing like it was essentially hard cover). I think it would be best that before this property gets sold or developed the city thinks ahead about how the City can try to correct the issue of the water flow. A possible idea would be to do a catch pond like the one that was at one of the neighboring properties before it got removed or add another drain going to the other side of the lake. • Sincerely, Jon Miller 2980 Casco Pt Rd c: 218-689-2496 S Goodwin From: Neil Goodwin • To: Melanie Curtis Cc: Barbara Goodwin Subject: Fwd:Stonewood"s Application-LA22-000012 Date: Thursday,April 14,2022 9:25:33 AM Melanie, Thanks for the follow up note below. We would appreciate the following concerns with the above referenced project being addressed in order for us to support it moving forward: 1. Infringement of our view of the lake.New construction should not extend past(ie.towards the lake) a theoretical line between the existing houses. 2. Drainage concerns.New construction should not be raised up to funnel drainage water down towards our property (2975 Casco Pt. Rd.)The natural/existing grade of the adjacent lot is below our property and should be maintained. 3. Height of a new house next to our property. The height of our existing roof line is slightly below the house recently built on the adjacent lot north of our house(Oare's). We want the new construction roofline to not extend above ours, and to follow the natural/existing grade of the property. Please confirm receipt of this email. Thank you for keeping us updated with the status of this project. ID Sincerely, Neil&Barb Goodwin Forwarded message From: Barb Goodwin <bngoody@gmail.com> Date: Thu,Apr 14,2022 at 9:23 AM Subject: Fwd: Stonewood's Application-LA22-000012 To:Neil Goodwin<ngoodyl0@gmail.com> Sent from my iPhone Begin forwarded message: From: Melanie Curtis<1VICurtis@ci.orono.mn.us> Date: April 13, 2022 at 3:14:20 PM EDT Subject: Stonewood's Application -LA22-000012 0 • Hi there! Just checking in to see if you had any formal comments to include in the planning commission packet for Monday's meeting? If so, please send them to me in a separate email by tomorrow before noon. I've attached the plan. On Friday afternoon/evening the packet will be available on our website. Thanks! Melanie Melanie Curtis, Planner Direct 952.249.4627 Planning &Zoning Office 952.249.4620 • 2750 Kelley Parkway, Orono, MN 55356 Email: mcurtis@ci.orono.mn.us Website: www.ci.orono.mn.us All permits and applications are handled through our online portal - LINK! Seidel From: Dan Seidel • To: Melanie Curtis Cc: Helena Seidel;Neil Goodwin Subject: FW: Stonewood"s Application-LA22-000012 Date: Thursday,April 14,2022 9:44:06 AM Attachments: image002.onq image003.onq From: Dan Seidel Sent:Thursday, April 14, 2022 9:15 AM To: Helena Seidel <Helena@BankersTitleMN.com> Subject: RE: Stonewood's Application - LA22-000012 Good morning Melanie We are Helena and Daniel Seidel and we reside at 3015 Casco Point Road. We would be the neighbors next to the proposed South Parcel on the drawings submitted by Stonewood, LLC. We are opposed to the proposed replatting of the Hartzell Addition. First,the replatting creates a non-conforming lot next to our lot. In order to have the new plat approved,we believe Stonewood would need to receive a Variance in order to split the current parcel into 3 lots. Stonewood would need to prove a Practical Difficulty in order for their plan to be approved. Based on a review of the standards for approving Practical Difficulties,Stonewood does not meet these standards. 2 large homes currently sit on the property and those homes could be rebuilt or refurbished without any difficulty. • Second,the City of Orono had good public policy reasons for setting the minimum lot size when it was originally established. Overcrowding with more boats and more docks is always a concern on Lake Minnetonka. Increased hard cover on the lake threatens the water quality of the Lake. Our area of Casco Point Road has had drainage problems over the years and this project will no doubt effect runoff and drainage. Third,there is a neighborhood perception that the development and building rules are not laws but mere suggestions to potential developers and builders. The perception is that the rules don't matter because a Variance will just be granted. The integrity of the building laws and land use laws is important to homeowners especially considering the investment that lakeshore owners have in their properties. Homeowners (taxpayers) should be able to rely on the development and building laws rather than be fearful that excessive variances will be issued to erode the current laws. Lastly, if the replatting is approved, it will create a new vacant lot (the North Parcel). Suddenly, a question arises as to what the set-back rules are for the new homes being built. Playing it out, if the plan is approved and the current homes are demolished, we have been told the home on the middle lot could be built to the 75 foot setback line. This would be an injustice to the homeowner(Goodwins) to the North of the Hartzell Addition. Also, once that home is built to 75 feet,we are sure the builder of the lot next to us will seek variances to build next to the new house on the middle lot and thus greatly impeding our lake views and diminishing the value of our • property. We strongly encourage the Planning Commission and City Council to consider this domino . effect when deciding on the proposed replat of Hartzell Addition. In the event that the proposed Replat occurs,we believe there must be something in writing establishing the set-back rules so this anomaly in the laws cannot be taken advantage of. This could be done by requiring a deed restriction or making the replat approval subject to establishing set back requirements based on the property before the homes are taken down. We have discussed our concerns with Sven from Stonewood Homes. We have a meeting at his office with the potential homeowners on Friday 4/15. We want to be good neighbors and we want the new owners to enjoy the Casco Point neighborhood as much as we have for the last 18 years. Sven has made indications that his proposed new homes set-back would be in line with the current set-back lines. We need more than a handshake in this regard. We all know things could change. Stonewood and/or new homeowners could change their mind and a new buyer/builder could come in and take advantage of the Replat if approved. Thank you for taking the time to review our concerns. I can be reached at (651) 226-3334 with any questions or comments. Than you again. Daniel P. Seidel, Esq. • President 0:651-797-7609 C:651-226-3334 New Orders:OrderTitle@BankersTitleMN,com Years license#:63785 est 1997 0 0 V Ell www.BankersTitleMN.com Personal State License Number:63785 Company State License Number:40225610 k ✓ sstew-art4. 144- Vetted and verified. Named a"Top 10 Title Company"in the Greater Twin Cities metro area by Minneapolis/St.Paul Business Journal 2013 Top 25 List Confidential and Proprietary:This email and any files transmitted with it are confidential and privileged material intended solely for the use of the individual or entity to whom they are addressed.Any review or distribution by others is strictly prohibited.If you are not the named addressee,you should not disseminate,distribute or copy this email.If you are not the intended recipient,please contact the sender and destroy all copies. From: Melanie Curtis<MCurtisPci.orono.mn.us> Sent:Wednesday,April 13, 2022 2:14 PM Subject: [External] Stonewood's Application - LA22-000012 Hi there! Just checking in to see if you had any formal comments to include in the planning commission packet for 111Monday's meeting? If so, please send them to me in a separate email by tomorrow before noon. I've attached the plan. On Friday afternoon/evening the packet will be available on our website. Thanks! Melanie 604606(cA2 Melanie Curtis, Planner Direct 952.249.4627 Planning &Zoning Office 952.249.4620 2750 Kelley Parkway, Orono, MN 55356 Email: mcurtis@ci.orono.mn.us Website: www.ci.orono.mn.us All permits and applications are handled through our online portal - LINK! . . , • \\ • N. '' - '. ' . ' . \\ '4 4 4\1 4 • 4 , ••• f t . .4...4 * ". ,,'11*-17 7,..7 4 ' t •-1,/ ; .,. i 71111111(111:1 •$' t 1 ! . 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'�. i \\ ; � �". i ! t . ,, , 1010,`• . : ) ', \/ Vr l .: !,.:,... s7 i` f _ j ___ R i 4 4�4 \ ' `, i �� ) 5 Irya I } .► `v�� 1 *-0414 ,1111111P 4 • : A10 To: Chair McCutcheon and Planning Commission Members Adam Edwards, City Administrator A >, y G From: Jeremy Barnhart,AICP, Community Development 4kFSHo��` Director Date: April 18, 2022 Subject: #LA22-000015, North Shore Development Partners o/b/o Lakewest, LLC,3245 Wayzata Blvd W, Sketch Plan Application Summary: The applicant is requesting concept/sketch plan review for a proposed 180 unit attachment family development at 3245 Wayzata Blvd. Staff Recommendation: Planning Department Staff requests non-binding feedback on the proposed Eisinger Flats project. Background The applicant is proposing to develop the 30.5 acre property(two parcels) into a master planned stacked townhome type development. The project will require a Comprehensive Plan Amendment, and a zone change. • The property has been the subject of several development proposals in the past 7 years, including a twin home development and an apartment complex. All previous approvals have expired. The site contains an old landfill,somewhat hampering development, compared to greenfield development sites. Proposal The proposed development master plan shows nine 16 unit stacked townhome style buildings and two 18 unit stacked townhome buildings. Many of the buildings are arranged around open space and a proposed community amenity, including a pool, clubhouse, and play area. 11 accessory garage buildings are proposed,to accommodate covered parking for the units. Access is via a single drive off of Wayzata Blvd.This access will need to be approved by Hennepin County. The project will be served by municipal water and sanitary sewer. Issues Comprehensive Plan Amendment. The main issue to be considered is the City's willingness to adjust the Comprehensive plan for the property. The northern 5 acres are guided for low density residential 3-8 units per acre, and the southern 10 acres are guided for high density residential, 20-25 units per acre. A minimum of 215 dwelling units were contemplated for the area, as part of the 2018 Comprehensive Plan Amendment. With these 215 units,the City's calculated density is 3.206. FILE#22-000015 April 18,2022 Page 2 of 4 Application materials provided by the applicant refine the actual development area, and show • 7.95 acres in the low density area, and 7.76 acres in the high density area. This adjustment yields 179 units for the area, and drops the calculated density to 3.05. The proposal,with 180 units on 15.91 net residential acres results in a Calculated Density of 3.058. This is important because the city's density, affordable house, and housing unit goals are still met, even with slightly lower densities. Zoning. The project is anticipated to be developed under the RPUD zoning district.The RPUD district was developed to accommodate these types of development,and the Council may grant flexibility from the standards outlined. The RPUD ordinance does require a 250' setback from the OHWL of Lake Classen (974). The nearest principle structure is approximately 290 feet from the OHW, and the nearest accessory building is approximately 220 feet. A variance may be required after these distances are verified. The analysis below outlines the standards and flexibilities requested. Applicable Regulations: Chapter 78, Division 11, RPUD Residential Planned Unit Development District 78-627 (a) Concept Plan Review Chapter 82,Article Ill, Plat approval Process Section Standard Conforming? 1 (1) Minimum area: 5 acres or certain The property to be platted is 30.5 acres. • exceptions... Conforming 2 Uses. Multifamily residential uses are permitted. Conforming 3 Sewer availability Conforming 4 Density. Each development in the The shifting of the densities will require RPUD district shall have a density comprehensive plan amendment,with no within the range specified in the impact to the Met Councils requirements. comprehensive plan for the specific site. 5 Incentives.The city may utilize None requested. incentives to encourage the construction of projects which are consistent with the city's housing goals. 6 Floor Ratio, up to 1.0 To be verified, appears to be well less than 0.5. 7a Setbacks. Setbacks are 50'to Wayzata The plans reflect a setback of 50 feet for a Blvd, 501'to Highway 12, 35'to the principal structure(off of Wayzata Blvd)and 30 sides. Drive lanes 20'from exterior feet for the accessory garages(off of Wayzata property lines. and Highway 12. Flexibility is requested. 7b Height,stories,roof style No calculation have been done, but the conceptual buildings appear to be 2 or 2.5 stories. They are expected to comply. • FILE#22-000015 April 18,2022 Page 3 of 4 • 7c Outside storage None proposed. Conforming 11 10%Private Recreational Area(Active No final calculations have been completed,but and/or Passive) the Community amenity area would quality as private recreation space. 12 Common Ownership Conforming. Association documents required. 13 Signage Signage located, details not yet developed. 14 Landscaping Landscaping plans have not been developed 15 Architectural Standards Elevations provided,conceptually appear conforming. 16 Flexibility from standards Requested: External Setbacks. 17 Traffic Studies Not suggested. 18 Building Permits Expected. 19 General regulations applicability Expected. 20 Lighting Lighting plans not yet developed. 21 Trails Sidewalks and public walks proposed. Analysis: The current zoning, RR-1B, is inconsistent with the Comprehensive Plan, and the zoning must change per state statute. Typically, in lieu of establishing a new zoning district,the city rezones • these types of developments to RPUD, which was established for this purpose. Noted above, a variance may be necessary to meet this setback. Previous approvals for this site were granted this flexibility; (Eisinger Flats 16-3822). This setback and external setbacks are the only identified flexibilities requested. Alternatively,for discussion, a new zoning district could be created. Building design The building style and design are the important component of the overall character of the neighborhood. While the final design of the buildings hasn't yet been established, the Planning Commission should talk about their goals for the property. The applicant has offered different possibilities for the building architecture. The buildings are predominately 2 stories, with varying facade planes, to break up the long buildings and adding shadow and other'texture'. The buildings are of a stacked design,the developer intends for one unit to be above another;for example,there would be 8 units on the ground floor and 8 units on the second floor,all with ground level private entry,as described in the applicant's narrative. This is a unique building style in Orono in recent years,the Planning Commission may want to provide feedback. Public Comments To date, no public comments have been received. • Issues for Consideration FILE#22-000015 April 18,2022 Page 4 of 4 • 1. Does the Planning Commission find the proposal appropriate? 2. Does the Planning Commission have any feedback on the proposed building design 3. Are there any issues or concerns with this application? Planning Staff Recommendation The Planning Commission is requested to give non-binding feedback. List of Exhibits Exhibit A. Application Summary Exhibit B. Proposed Layout- Buildings Exhibit C. Narrative Exhibit D. Staff comment letter Exhibit E. Hennepin County Comments Exhibit F. Fire Department Comments • S Land Use Application Summary III Application Date: 03/23/2022 Address: 3245 Wayzata BLVD West Orono,MN 55356 Parcel Number: 3211823140001 Land Use Number: LA22-000015 Application Submitted By: Agent on behalf of property owner Owner: Name: LAKEWEST LLC Address: 14525 HIGHWAY 7#265MINNEONKA MN 55345 Applicant: Name: Matt Alexander Company: North Shore Development Partners Address: 235 East Lake Street Wayzata,MN 55391 malexander@northshoredp.com Contact Information: Associated Contact: Matt Alexander malexander@northshoredp.com Associated Contact: • Associated Contact: Associated Contact: Project Description: Eisinger Flats Land Use Application Type: Amendmend Application Appeal of Admin Decision Concept Application Conditional Use Permit Site Plan Application Subdivision Application Subdivision Exception Vacation Application Variance Application Applicant Signature: fr \,I\ r • tia n.r. 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N.s a imam ,, e • V ' F r4 .f Fd ,--, Olplii • r-"' il 116111 1 ''' . ..._ . , . i 1..••. .rifailU4 ht 11111111 "0447. i 4111 —.....d ME* ' „:- ' L.......,?” ' • '.. •eI ,..., • , . lo _ s .. ,.. - - . 110''' I- - I ' 1 l • I I I I t— I I I I & s ops =< � � or §: I I 4% Yo `X y: 1 I I I I I 1 1 I--- { / I NN 1 / \ I II I I I / // // / o /I / i // / i /// 0 -- .3-- ` / / —1' / / / -- // / // / // / // / // / // / / / / \_,/—'� -- /// / \ // / '^�'.\ N /// / / / \\ �. / / // —--1— / / eo /%/ /„7/ / / LO-' / / / / — — / -----/ // T T-- / / / / // // // // / /// / cn // / •� / / / >, / / / (3 / / / C / / // Q / // /I / ' I C . 1' 0 as o u- z v) L 2 D C — O [_i W • Eisinger Flats We are pleased to present the concept sketch plan to the city of Orono for Eisinger Flats, which is prepared to deliver townhomes, with all the comforts of luxury upscale neighborhood and a small-town feel. With exceptional resort-style amenities, Eisinger Flats will be an ideal place for residents from all walks of life. We will offer a mix of spacious studio, one, two,and three bedroom luxury rental townhomes complete with ground-level private entry, granite countertops, and hardwood-style floors. The submitted a sketch plan shows a proposed density of 176-180 townhome units in 11 buildings, which is in line with the 2040 Comprehensive plan based upon the buildable(usable)acreage for the two different parcels and will be a long-term asset the city of Orono will be proud of. The property will require some level of environmental cleanup investment yet to be determined and will also require an extension of utilities from the corner of Wayzata Boulevard and Old Crystal Bay road. MATT S.ALEXANDER PRINCIPAL NORTH SHORE DEVELOPMENT PARTNERS 235 EAST LAKE STREET#201 WAYZATA MN 55391 CELL 952.250.5485 WORK 952.250.5485 MALEXANDER@ NORTHSHOREDP.COM • 111 mo CITY OF ORONO A Street Address: Mailing Address: Telephone(952)249-4600 'SW 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 o April 8,2022 North Shore Development Partners Attn:Matt Alexander VIA EMAIL 235 East Lake Street malexander a(�northshoredp.com Wayzata,MN 55391 Re: Eisinger Flats File#LA22-000015 The City has received and reviewed the proposed sketch plan showing 176 units in a townhome style development on the former Eisinger property.As we noted prior,a sketch plan is recommended as part of the process to develop this property, the sketch plan process allows for you to receive initial non-binding feedback from the Planning Commission and City Council. Comprehensive Plan/Zoning impacts. Comprehensive Plan. The proposal will require a Comprehensive Plan amendment. The northern 5 acres(about) 1111 is guided as Low Density Residential (3-8 units per acre), and the southern 10 acres (about) is guided as High Density Residential (20-25 units per acre). You have provided additional information that better defines the land area in the two areas: The site consists of 30.5 acres, including 1.7 acres for Wayzata Blvd, an arterial road, 13.2 acres of wetlands, 3.6 acres of wetland buffers,resulting in a Net Residential Acres of 12.0 acres. 176 units in 12 acres is 14.66 acres,falling in the Urban Medium Density land use category, 8-15 units per acre. When analyzing land use changes, and their impacts to a community's planned density and housing opportunity, the Met Council historically has used the land uses lowest guided density,in this case, 8 units per acre. 8 units per acre reduces the city's overall density below the 3.0 units per acre required. Adding 4 units brings the density to 15 units per acre,which then the guided land use would be Urban Medium High Density(15-20 units per acre). Staff cannot support the plan with a calculated density of less than 15 units per acre. Zoning. The project will likely be developed as a RPUD. The process, regulations, and minimum standards are found in this link: RPUD Regulations. Staffs analysis of the proposal for the Planning Commission will outline the development standards, and identify any flexibility required. • • General Comments. Parking. City Code requires 2 parking spaces per dwelling unit. One of these spaces should be covered. Building Height. Note than no building may be taller than 30 feet in defined height. Most of the submitted examples suggest two story buildings,which should be fine,but one example appeared to include a useable third story. Water. The developer will be required to construct the infrastructure necessary to get water from its current terminus to the development. There is a water main stub on the north side of Wayzata Blvd for that purpose. The water main will run along the north side of Wayzata Blvd in order to not conflict with sanitary on the south side. The city would review the design and then take over maintenance of the asset once complete. Sewer. The developer would be required to construct the infrastructure necessary to connect the development to existing sanitary infrastructure. You should begin design conversation with the city engineer early, a lift station may be required,located in a spot capable of supporting both the Eisinger development and any potential Development on the Dumas Property. The lift station would then either connect directly to the MCES forcemain that runs on the south side of Wayzata Blvd(if allowed by MCES)or would comment via forcemain to the Existing Manhole near the intersection with Old Crystal Bay road. Developer would bear the cost of the design and installation lift station and sewer mains.The City would review the design and then take over maintenance of the asset once complete. We can support an appropriate credit to the sewer connection fees,to be approved by the City Council. Fire. The Fire Chief will need to approve the location of all fire hydrants once utility plans are developed. • All residential units will be fire sprinldered,per fire code. The Fire Chief recommends that a second access to shown,off of Wayzata Blvd. Outside agency review. It is recommended that you contact the watershed district early in the design process to better understand their rules and regulations.Also,they would be the agency to approve any buffer averaging. Any formal approval will require their permit. There is an old landfill in the southern half of the property. Any formal approval will require MPCA approval/ permits. Access onto Wayzata Blvd will require a Hennepin County Permit. I have sent a copy of the plan to them for their comment. 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 qt rItc,4 • Jeremy Barnhart,AICP • Community Development Director From: Jason D Gottfried • To: Jeremy Barnhart Cc: Robert H.Byers;Adam Edwards Subject: FW: [External]Proposed development at 3265 Wayzata Blvd West. Attachments: Plat 3501-Orono-Eisinaer Meadows.pdf Coordination For Cities.odf Hello Jeremy, As we discussed over the phone, I believe our 2016 comment letter(attached)for this site would still be relevant as to what we would want to see addressed before this or any project would proceed here: • Turn lanes (EB right/WB left)will need to be provided at this singular direct access which will need to be reviewed by our team through the county permits process. • Adequate entering sight distance will need to be demonstrated at the driveway.This will be reviewed by our permits staff. • Right of Way should mostly be adequate, but turn lane design will guide any remaining needs. • Ultimately,there may be desire to connect these future residents to any future development of the Apple Farm site to the east.This current concept would appear to set the stage for that future potential connection to be made if supported by city staff. As you likely are aware our Phase 3 of the Wayzata Blvd reconstruction is currently slotted for 2022 in our construction plan. Prelim design includes off-road trail on the north side of CSAH 112 only east of the High School ball fields access. • Our plat review committee would have no further comments at this time. If this current submittal continues forward through the city process, I recommend the applicant contact our permits dept when ready.Among other items,they will coordinate our review of the turn lane design. In the mean time, please feel free to coordinate with me regarding any of our comments or modifications to the site plan. Not sure if you have on file, but I included a most recent general guidance leaflet for our overall review process(es). Thanks as always for your coordination Jeremy! Jason Jason Gottfried Transportation Planner Transportation Planning Office: 612-596-0394 jason.gottfried@hennepin.us Hennepin County Public Works 1600 Prairie Drive Medina, MN 55340 • • From:Jeremy Barnhart<jbarnhart@ci.orono.mn.us> Sent:Tuesday, October 1, 2019 4:00 PM To: Robert H. Byers<Robert.Byers@hennepin.us>;Jason D Gottfried <Jason.Gottfried@hennepin.us> Cc:Adam Edwards<aedwards@ci.orono.mn.us> Subject: [External] Proposed development at 3265 Wayzata Blvd West. Bob and Jason, The City of Orono has received concept plans for a new multi-family building, proposed where Eisinger Meadows was approved in 2016. Do you wish to add any comments?This is planned to go to the Planning Commission on October 21st,so if I could have comments by October 16th, I would appreciate it. Jeremy Barnhart,AICP Community Development Director • City of Orono 952-249-4626 ***CAUTION:This email was sent from outside of Hennepin County. Unless you recognize the sender and know the content, do not click links or open attachments.*** S From: dames Van Evil • To: deremv Barnhart Subject: Re:Eisinger Flats Date: Friday,April 8,2022 9:40:29 AM Attachments: D00040822-04082022092926.odf Untitled attachment 00017.html Hydrant Assembly Installation Soec.odf Untitled attachment 00020.html clip imaae001,onq Untitled attachment 00023.html clip imaae002.Dnq Untitled attachment 00026.html clio imaae003.onq Untitled attachment 00029.html clip imaae004.onq Untitled attachment 00032.html Hi Jeremy, This looks like a great neighborhood and it appears to be laid out well. I am not opposed with a 24' wide street as long as the units are all sprinklered. Also they will have to either have two entrances to this neighborhood or they will have to have a fire suppression system in all of the structures even the detached garages. I attached the code for Fire Apparatus Access Roads and highlighted the correct section which is D106. Can we work on changing the spec on the hydrants so that they all have a stroz connection on the larger discharge. I had sent this over to Adam last year and he was going to review it. Making this change will save us time when we arrive on scene to hook up to the hydrant. All of our large diameter hose has a storz connection. The sooner we can put water on the fire,the less damage there is to the home. • •