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HomeMy WebLinkAbout05-16-2022 Planning Commission Packet Agenda Planning Commission Meeting Monday, May 16,2022, 6:00 P.M. l' GC Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356 "IktsHo0- 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: Victoria Seals Pledge of Allegiance Approval of Agenda Approval of Minutes: April 18, 2022 April 18, 2022 workshop Public Hearings: 1. LA22-000017 Jon Ressler, 3683&3685 North Shore Drive, requests a lot width variances as part of an administrative boundary line adjustment between the two properties. (Staff: Laura Oakden) 2. LA22-000024 Sharratt Design, 3350 Fox Street, requests a conditional use permit for a guest house use. (Staff: Melanie Curtis) 3. LA22-000018 Text amendment related to setbacks for irrigation systems. The amendment would allow irrigation systems in required yards. (Staff: Jeremy Barnhart) 4. LA22-000019 Text amendment related to docks and easements for docks in the Seasonal Recreational zoning (RS) District. The amendment clarifies current regulation allowing Big Island owners to grant dock easements for interior Big Island lots. (Staff: Jeremy Barnhart) 5. LA22-000021 Text amendment related to Exterior Storage in R Districts relating to vehicle parking surfaces. The ordinance would require vehicles to be licensed, operable, and parked on a hard surface. (Staff: Jeremy Barnhart) 6. LA22-000022 Text amendment regarding vegetation removals in the Shoreland Overlay zoning district. The ordinance relates to the removal of hazardous and diseased trees. (Staff: Jeremy Barnhart) Other Business: 7. Update on May 9, 2022 City Council meeting Adjourn Planning Commission Liaison to Monday, June 13, 2022 City Council meeting: Mark McCutcheon 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,April 18,2022 6:00 o'clock p.m. ROLL CALL The Orono Planning Commission met on the above-mentioned date with the following members present: Chair Mark McCutcheon,Commissioners Scott Kirchner,Dennis Libby,Jon Ressler, and Bob Erickson and alternate Commissioner Gary Kraemer; Commissioners Chris Bollis and Matt Gettman were absent. 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. OATH OF OFFICE Community Development Director Barnhart led Mark McCutcheon and Gary Kraemer in the Oath of Office. APPROVAL OF AGENDA Libby moved,Erickson seconded,to approve the Agenda.VOTE: Ayes 6,Nays 0. APPROVAL OF PLANNING COMMISSION MEETING MINUTES OF MARCH 21,2022 Libby moved,Ressler seconded,to approve the minutes of the Orono Planning Commission meeting of March 21,2022.VOTE: Ayes 6,Nays 0. 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. Eric Zehnder,Applicant,was present. City Planner Oakden gave a report on the item,noting the Applicant is requesting an average lakeshore variance(ALS)to elevate the grade over 42 inches in height.A new home is being constructed on the property and the lot has a large sloping yard on the side of Lake Minnetonka. In 2001 a previous owner removed an existing home and did not restore that grade after removing the basement level leaving a large depression in the sloped lake yard. The Applicant is proposing a pool,patio,and retaining wall to the lakeside of the home forward of the ASL. These improvements are proposed to be about 11.5 feet above existing grade. Oakden showed elevations on screen. The Applicant has identified the grade left from the previous removal of the home as well as the sloped lake yard as practical difficulties; 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 similar to neighboring properties.However the property owner can install these improvements without elevating the grade by lowering the proposed pool and patio by using stairs to access the space from the walkout basement of the house.Elevating these improvements is seen as convenience and not necessary for the use of the property. Staff can support a variance to fill the hole left by the previous owner and use the 956 elevation contour as an estimated natural grade. Staff is challenged finding practical difficulties to support raising the grade 8 feet above the 956 elevation. Planning Staff recommends denial of the application. Page 1 of 7 MINUTES OF THE ORONO PLANNING COMMISSION Monday,April 18,2022 6:00 o'clock p.m. Eric Zehnder,Zehnder Homes, 10300 Tenth Ave N,Plymouth,noted they are not proposing the 11 foot difference in the Staff report.He understands the existing grade,and said if it had been backfilled correctly to begin with they would be at the 956 elevation and would not need to get a variance to go up to 959.5. In his eyes the variance they are asking for is only 4.5 feet from what would be allowed by ordinance if it was backfilled correctly.Mr.Zehnder noted no one came out against the application,the neighbors to the north are fine with it;the neighbors to the south winter in Florida and he has not had a chance to talk to them about it yet. McCutcheon is looking at the contour lines with the neighbors and it seems that they align. When Mr. Zehnder says"backfilled correctly"how far towards the lake is the backfill? Mr.Zehnder showed the contour lines on screen noting where the basement was dug out. He stated if they had backfilled the basement to meet existing grades they would have been a nice level 956 all the way across and then they would be at 959.5' without even asking for a variance and to go up to 964' is much less of a variance than it seems to be right now. Oakden noted the existing grade as it sits today,the elevation is 952.5and the proposed top of the patio is 964 which is where the 11.5 feet from today's grade to what they are proposing comes from. The Applicant is talking about the natural grade,that Staff is supportive of,which is at the 956 and if the previous homeowner had backfilled and followed the contours of the neighbor's slope, 956 should be the natural grade. Unfortunately because the old home's basement was not graded out it is much lower than what the neighbors have. Ressler asked if the Applicant has any surveys of the grade for neighboring properties to set the expectation that the natural slope should support the 968?Whether it is a big or little variance it needs to be supported and to use as an example that there is precedence of neighboring natural slope being at 964. Mr.Zehnder replied on the survey it shows the contour lines and they continue through on a pretty consistent basis for the neighbors. James Mattson, 940 North Arm Drive,was talking to his neighbor Matt Gettman who mentioned the neighbor north of Mr. Gettman did the exact same thing with the variance process to level off their pool given the slope of the land. Kirchner noted Mr. Ressler's comment that it must be about practical difficulties and he has yet to hear about what those practical difficulties are. Mr.Zehnder stated the grade is not where it should be if it was backfilled correctly. The dramatic slope of the lot is a practical difficulty,also. Kirchner shared the practical difficulty could be solved using Staff's solution of using stairs. Mr.Zehnder thinks every variance is a convenience and that Mr. Mattson would prefer to walk out right onto his patio level without going down steps. Kraemer clarified if they take the 956 elevation they are allowed to go 42 inch above that? Page 2 of 7 MINUTES OF THE ORONO PLANNING COMMISSION Monday,April 18,2022 6:00 o'clock p.m. Oakden replied Staff would support a variance request if it was in the 42 inch range of that 956 elevation. Libby asked Staff if the Applicant would still need a variance for the 956? Oakden replied that is correct and today if they wanted a building permit at a strict reading of the Code, they have 42 inches above existing grade. Libby asked if in the original recommendation for denial Staff had taken into consideration the severity of the slope towards the lake and drainage from roof, gutters,and pool. Oakden replied this specific plan was sent to the City Engineer to review for drainage and waterways. The engineer said that this pattern as proposed would manage drainage for the house and improvements just fine. Chair McCutcheon opened the public hearing at 6:26 p.m. Chair McCutcheon closed the public hearing at 6:26 p.m. Kirchner thinks Staff has gone out of their way to present something that is reasonable. He does not see practical difficulty and would support denial at this time. McCutcheon thinks it is all about the definition of the previous grade and he can see where there is some contention.He tends to believe Staffs expertise and it looks like they were pretty accurate with their measurement. Erickson has some experience in demolishing houses and one thing the City has made clear is that any rights one may have had due to the structure being there will disappear when the structure disappears.For example a non-conforming setback, lot size,etc.He noted when there was a house there,and it was a certain height,those things are not issues that apply to this.Erickson thinks Staff have done a good job looking at the issues and supports denial. Kraemer is not hearing anything that meets practical difficulty. Libby agreed. Kirchner moved,Libby seconded,to deny LA22-000014,940 North Arm Drive,Variances.VOTE: Ayes: 6,Nays 0. 2. LA22-000012 Stonewood LLC,2987+3005 Casco Point Rd and PID 20-117-23-34-0027, Sketch Plan(Staff: Melanie Curtis) Michael Gorman,property owner, and Sven Gustafson, Stonewood LLC,were present. City Planner Curtis gave a summary of the item noting 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. The Applicant is proposing to re-plat all three lots and is 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 Page 3 of 7 MINUTES OF THE ORONO PLANNING COMMISSION Monday,April 18,2022 6:00 o'clock p.m. non-conforming 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. The Applicant is requesting feedback and if positive feedback is obtained they intend to proceed with the preliminary plat application. McCutcheon noted this is a non-conforming proposal. Curtis replied in the affirmative. Kirchner asked if Lot 3 is currently conforming but would be non-conforming. Curtis replied in the affirmative. Kirchner stated they are taking a conforming lot and making it non-conforming to plat another lakeshore lot. Curtis replied in the affirmative. Bonnie Martinson,2970 Casco Point Road,could write a book about the drainage issues across the street from those properties.In 2010 a new drain was put in which was supposed to take care of the drainage issues coming from the Hartzell property and the other side,as well.A new house was built across the street some time ago and they removed a catch basin.Ms.Martinson and another neighbor are very concerned regarding drainage on those properties because right now the drainage from the Hartzell property is coming down the road into the drains which go across their properties and drain into the lake. The 2010 drain they put in is not adequate.Ms.Martinson has pictures to show what happens when it rains in their area.In 2010,the City's Engineer decided to put a catch basin between Ms.Martinson's house and the neighbors that was supposed to catch debris from the gravel that washes down the drain and is supposedly to be vacuumed out on a yearly basis.Ms. Martinson does not know if Orono even has a vac to get the debris out and noted it never gets cleaned out.All of the debris goes through the drain and the rest goes onto Ms.Martinson's and the neighbor's properties. She thinks it really needs to be looked at by the City to understand what happens when it rains and how the drainage flows. Sven Gustafson, Stonewood LLC, does not think the removal of the catch basin Ms.Martinson mentioned ever happened. He noted they had an approved drainage plan that was followed and this is the first he's heard that there is any concern about drainage created by that property. His clients intend to build personal homes on the subject property and are focused on making the lots more consistent with the neighborhood,creating three properties as similar as possible while keeping the non-conformity to a minimum.Ms. Gustafson did a study of 15 lots north and south of this property and of those lots only eight are conforming in width and area. If approved,the third lot would be larger than 20 of the adjacent lots and wider than 12 of the 30 lots.He noted the City has approved similar requests including one on Wildhurst that took two conforming lots and made them into non-conforming lakeshore lots,so there is precedent. He also met with neighbors and explained what would happen and believes they have support of those neighbors. Dan Seidel,3015 Casco Point Road,met on Friday with the potential homeowner and Stonewood and it sounds like they have some nice plans.The only issue Mr. Seidel has is if they only issue a plat what happens if for whatever reason the homeowners do not go forward?He has heard that the middle lot could Page 4 of 7 MINUTES OF THE ORONO PLANNING COMMISSION Monday,April 18,2022 6:00 o'clock p.m. move down to within 75 feet of the lakeshore and if that happens it changes the tennis court setback and Mr. Seidel's setback is roughly where it is now but possibly creates some unintended consequences. It would also be helpful if the approval included where the houses will be.The neighbors are concerned that if it gets approved and someone builds on their non-conforming lot,now they need to get variances to make the house fit.Mr. Seidel said the Applicants seem like really good people and he looks forward to having them as neighbors. John Miller,2980 Casco Point Road,has been out there for 10 years and can say that it turns into a river when it rains, even if it is a 1.5 inch rain and it washes out the grass.He said when people come and want to build a dream home,they come to the City asking for a couple inches here and there.Mr. Miller thinks the City needs to let the developers know they must draw the line.He noted there was a catch basin when he moved in and did not notice any water drain between the properties while he now notices it almost every time it rains.Mr. Miller understands that the Hartzell lot is big and it could be three homes,but he thinks the City should set the precedent of what it should be to the new homeowners and try to maintain the rules so developers don't buy a property banking on the fact that they will come to the City and get whatever they ask for. The Commissioners discussed the item. Ressler noted they see a lot of odd-shaped lots on the lake. Clearly someone wanted a lot for their tennis courts at one point.Now they want to turn the tennis courts into a non-conforming lake lot and that is where Ressler gets hung up. It would make more sense to him to redraw the plat as two lots,both of them conforming because there are two lake lots there already. He does not think the City is in the business of creating more lake lots. Kirchner agrees,it seems they are stealing from a lake lot to create another lake lot and are now making one non-conforming.He struggles with that idea and pointed out they do not know that the houses would be built to the rear of those angle points where it is 100 feet and conforming. Kraemer thinks they did a great job drawing the plat and getting three lots that would conform at the building setback lines. The fact that there are a lot of non-conforming shoreline lengths in the neighborhood does seem to fit the nature of the neighborhood. If the Applicant would come back with a proposal Kraemer would like it to include where the houses will be so those questions can be answered. Erickson noted number two of the practical difficulties list says the plight of the landowner must be due to circumstances unique to the property and not created by the landowner.Here they have an Applicant seeking to create non-conforming lots. State law regulates the definition of practical difficulty and Erickson cannot support the variance. Libby stated usually people want a lakeshore lot so they can have a dock. In Orono they have regulatory compliance for a dock and he stated this is fairly linear,although non-conforming which is an obstacle. He is confident with the other scrutiny this would have to go through that a prudent decision will be made at a City Council level on whether or not the extra lot can be done. McCutcheon does not think they need to create more lake lots on Lake Minnetonka and if it does not fit the conforming lots that Staff proposes he would not allow the 80 foot lake lot. Page 5 of 7 MINUTES OF THE ORONO PLANNING COMMISSION Monday,April 18,2022 6:00 o'clock p.m. 3. LA22-000015 North Shore Development Partners-Matt Alexander,3245 Wayzata Boulevard West,Sketch/Concept Plan—Eisinger Flats(Staff: Jeremy Barnhart) Barnhart gave a summary,noting Eisinger Flats is a proposed 180-unit stacked townhome style development.The main issue identified earlier was the density;the north five acres of the property is guided for low-density residential(3-8 units/acre)and south is guided for high-density residential(20-25 units/acre).This proposal takes all of that density,mixes it up, and is basically medium-high density. Originally anticipated at 215 dwelling units in the area they are now anticipating 180 dwelling units.This would require a Comprehensive Plan amendment but it would be consistent with the overall goals of the City. The City's PUD zoning agreement does have a certain amount of setbacks for external property lines and the accessory garages shown here do not quite meet that.Access will be proposed off Wayzata Boulevard with a ring road through the development and a neighborhood amenity in the middle as well as a play area,clubhouse, and pool. Matt Alexander,North Shore Development Partners,thinks there is opportunity on the site with the density. He spoke about the guidance calculations and the Met Council.Mr.Alexander noted that typically the City has discretion with adjoining parcels that have a combined density that is still attained by a plan that meets the minimums for the combination of the two parcels as one development proposal. Kirchner asked if the townhomes are rentals. Mr.Alexander replied in the affirmative,noting they will have higher-end finishes and resort-style amenities. Kirchner thinks the only thing they need to consider is the density and how it affects the City. He thinks this is a thoughtful development and the City needs a rental property like this within the City. Kraemer echoes Kirchner's thoughts. Ressler noted they have looked at a couple of proposals for this area and he likes this one best.He likes the look and appreciates the massing kept at two levels.Met Council has given Orono direction to add density. Libby likes the architectural details. He spoke about detached parking versus attached and sheltered parking.The upper bracket,more expensive units seem to be married more with sheltered parking attached to the building. Erickson agrees with Libby regarding parking. McCutcheon thinks if the only feedback is the parking challenge,great job. It is exciting,a good project, and will help Orono hit the density numbers. OTHER BUSINESS—Update on April 11,2022 City Council Meeting Barnhart noted the City Council reviewed four items,two were approved on Consent Agenda and two were tabled with feedback given to the Applicants. The City Council was very clear on looking for practical difficulties to support variances. Page 6 of 7 MINUTES OF THE ORONO PLANNING COMMISSION Monday,April 18,2022 6:00 o'clock p.m. ADJOURNMENT Erickson moved,Libby seconded,to adjourn the Planning Commission Meeting.VOTE: Ayes 6, Nays 0. The Orono Planning Commission meeting adjourned at 7:35 p.m. ATTEST: Ssett.Kircler;Chair /14404. McLQ - Page 7 of 7 MINUTES OF THE ORONO PLANNING COMMISSION WORKSHOP Monday,April 18,2022 5:30 o'clock p.m. The Orono Planning Commission met on the above-mentioned date with the following members present: Chair Mark McCutcheon,Commissioners Scott Kirchner,Bob Erickson,Gary Kraemer,and Jon Ressler. Representing Staff was Community Development Director Jeremy Barnhart,City Planners Laura Oakden and Melanie Curtis. Chair McCutcheon called the meeting to order at 5:30 p.m. Barnhart reviewed the standards for variances ion general terms,and noted the practical difficulties identified by State Statute. Barnhart noted the importance of the Commission's role in the public hearing[process, and that Council appreciate their review,their questions,and their raising of issues to be discussed. Barnhart noted that the Commissions should not try to guess what the Council wants to do on a particular item, but they should be able to support their decisions using the applicable standards, Commissioners discussed the changes.No action was taken. The Commission adjourned at 5:42. • Date Application Received: 04/01/2022 Date Application Considered as Complete:05/03/2022 7L jO 60-Day Review Period Expires: 07/02/2022 Y To: Chair McCutcheon and Planning Commission Members el 10 Adam Edwards, City Administrator G From: Laura Oakden, Planner LLO 9kFSH0°. Date: May 16, 2022 Subject: #LA22-000017,Jon Ressler and Frank Plachecki,3683 North Shore Drive (Ressler)+3685 North Shore Drive (Plachecki), Lot Width Variance for both properties, Public Hearing Application Summary: With the goal of a boundary line adjustment,the applicants are requesting lot width variances for both lots Staff Recommendation: Staff finds there are some practical difficulties to support the lot width variance request. Background Ressler and Plachecki are neighboring property owners at 3683 and 3685 North Shore Drive. The applicants are looking to complete an administrative boundary line adjustment (officially called a Subdivision Exception) which can be completed by staff and recorded by the owner. Moving the property boundary is a staff administrative action as long as no new non-conformities are created or an existing non-conformity is not increased. Each property will require a lot width variance for in order to allow the boundary line adjustment. Lot width is measured in 2 places on lakeshore properties, at the ordinary high water level (OHWL) and at the 75' lakeyard setback. Properties in the LR-1C district require 100' lot width. Both properties are nonconforming to lot width, area and setbacks. Due to the angle of the proposed lot line, the lot width will decrease at the 75' lakeyard setback from 54'to 52' at 3683 (Ressler) and at 3685 (Plachecki) it will decrease from 92'to 82' at the OHWL.The new property boundary will maintain the same lot area sizes. The proposed new property line will improve many non-conformities on the both parcels. The building setback, overall hardcover and lot width at the OHWL will improve for 3683 (Ressler) and the new property line will be move off of the existing driveway bringing the driveway setback closer to conformance for 3685 (Plachecki). Practical Difficulties Analysis Applicant Submittal Information:The applicant has primarily identified the existing conditions and the improvement of many nonconforming to the city codes for each property as practical difficulties supporting the requested variance lot width variances and boundary line adjustment. Additionally,they have provided their supporting documentation regarding Practical Difficulties attached as Exhibit B, and should be asked for additional testimony regarding the application. Planning Staff Practical Difficulty Analysis: Regarding practical difficulty, Staff finds that the proposed lot line adjustment improving existing nonconformities on hardcover, building setbacks,driveway setbacks is a positive improvement. The lot width variance requested may be supported by practical difficulty as an improvement from the existing condition. • LOT ANALYSIS WORKSHEET Section 78-350—Building/Improvement Setbacks: The proposed lot line adjustment will improve the existing nonconforming building setbacks (in green). FILE#LA22-000017 16 May 2022 Page 2 of 4 • 3683 (Ressler) DISTRICT LR-1C Required Existing Proposed West Side(Proposed to be moved) 7.5' 3.2' 6.2' Side (East) 7.5' 4' No Change Driveway 5' 6.5' 5' Lakeshore 75' 37' No Change 3685 (Plachecki) DISTRICT LR-1C Required Existing Proposed East Side(Proposed to be moved) 9.2' 11' . 13' West Side 9.2' 25' No Change Driveway 5' located across the property boundary 2.5' Lakeshore 75' 35' No Change Section 78-350—Lot Area/Width: Based on the proposed lot ling adjustment,the currently nonconforming-lot width will improve on 3683 at the OHWL(in green).The lot width will become narrower at the 75'on 3683 and at the OHWL on 3685 (In red). Property Required Existing Proposed 3683 21,780 s.f. (0.5 acres) 7,989 Sq. Ft (0.16 AC) 7,989 Sq. Ft (0.16 AC) No Change (Ressler) 100' @ OHEL 53' @ OHWL 63' @ OHWL 100' @ 75' lakyard 54' @ 75' lakeyard 52' @ 75'Iakeyard 3685 21,780 s.f. (0.5 acres) 18,269 Sq. Ft (0.41 AC) 18,269 Sq. Ft (0.41 AC) No Change (Plachecki) 100' @ OHEL 92' @ OHWL 82'@ OHWL 100' @ 75' lakyard 171' @ 75' lakeyard 173' @ 75' lakeyard Section 78-1403—Structural Building Coverage: The structural coverage on each lot will not change as the lot area size is not proposed to change with no new improvements proposed. Section 78-1680—Hardcover Calculations: Based on the proposed lot ling adjustment,the current nonconforming hardcover will improve on 3683 (in green). Property Existing Proposed 3683 (Ressler) 3,130 sq.ft. (39.18%) 3,073 sq.ft. (38.47%) 3685 (Plachecki) 3,539 sq.ft (19.37) 3,596 sq.ft (19.68%) Applicable Regulations: Lot Width Variance (78-350) While lot with at the OHWL is improving from 53'to 63' on 3683, lot widh variances are required for both lots due to the more narrow width at the 75' setback on 3683 going from 54'to 52' and the OHWL on 3685 going from 92'to 82'. 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 FILE#LA22-000017 16 May 2022 Page 3 of 4 • circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems.Variances shall be granted for earth- sheltered construction as defined in Minn. Stat. §216C.06, subd. 14,when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located.The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. According to MN §462.357 Subd. 6(2)variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance.The intent of the ordinance is to establish minimum lot sizes and protect against overcrowding at the lakeshore. The proposed variances does not negatively impact those goals. The applicants' proposal would serve to improve some existing nonconformities in the substandard lot widths, hardcover and building setback orientation. 2. The variance is consistent with the comprehensive plan. The use of the property for single family residential is consistent with the comprehensive plan. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The request to realign the shared property line between two nonconforming lots improves nonconforming lot width, hardcover and building setback as applied to for the adjacent properties. The use of the property is established with the existing • homes on the properties. The variance does not impact this use. b. There are circumstances unique to the property not created by the landowner;The unique shape,size, and orientation of the subject properties present challenges.The properties have been developed over time not exclusively by the property owners. The proposed boundary line adjustment follows the historic development pattern.The suggested reallocation of 1 property would result in more improved nonconforming city codes on the property bringing the property closer to conformance for the neighborhood.There should be consideration for variance approvals from the lot width as the applicants are proposing improvements on both lots. c. The variance will not alter the essential character of the locality. The lots are both nonconforming as they pertain to lot width. Altering the lot line between the parcels improves the lot width as one point of measurement but increase the nonconformity at another point of measurement creating an even trade between the two nonconforming parcels,so there is little impact to the character of the area. 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination. 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06,subd. 17,when in harmony with Orono City Code Chapter 78.This condition is not applicable. 6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located.This condition is not applicable,as a single family home is allowed in the LR-1C District for properties which meet the minimum requirements. 7. The board or council may permit as a variance the temporary use of a one-family dwelling as a two- illfamily dwelling.This condition is not applicable. FILE#LA22-000017 16 May 2022 Page 4 of 4 8. The special conditions applying to the structure or land in question are peculiar to such property or • immediately adjoining property.The applicants propose changes to the lot line bring many substandard requirements closer to conformance which that is unique to the subject properties.The lot width limitations is not unique to the applicants'properties. 9. The conditions do not apply generally to other land or structures in the district in which the land is located.The substandard lot width is not unique to the immediate neighborhood.The applicants wish to bring many substandard conditions closer to conformance of the city code. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The property owners indicate that the property has historically been maintained and granting the lot width variances to allow a lot line adjustment follows how the properties have been used which will better protect the rights of the property owners. 11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter.The granting of a lot width variance standard to permit boundary line adjustment on undersized properties is not in conflict with the intent of the comprehensive plan and zoning chapter. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The applicants has stated the variances are necessary due to the historic use and maintain of the properties and this action is not a convenience. The Commission may recommend or Council may impose conditions in granting of variances.Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Public Comments • No comments from the public have been received. Issues for Consideration 1. Does the Planning Commission find that that the property owners proposes to use the properties in a reasonable manner which is not permitted by an official control? 2. Does the Planning Commission find that the variance(s), if granted, will not alter the essential character of the neighborhood? 3. Does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested variance(s)? 4. Are there any other issues or concerns with this application? Planning Staff Recommendation Planning Staff finds there are practical difficulties to support the lot width variances to allow a property line adjustment. List of Exhibits Exhibit A. Application & Narrative Exhibit B. Practical Difficulties Documentation Form Exhibit C. Proposed Survey and Survey Annotated by Staff Exhibit D. Existing and Proposed Hardcover Calculations Exhibit E. Aerial Photos Exhibit F. Property Owners List and Map • Letter View PC Exhibit A Land Use Application Summary LA22-000017 •pplication Date: 04/01/2022 Address: 3683 North Shore Dr Orono, MN 55391 Parcel Number: 0811723340053 Land Use Number: LA22-000017 Application Submitted By: Property Owner Owner: Name: JON RESSLER Address: CHRISTINE RESSLER 3683 NORTH SHORE DR Applicant: Name: Jon Ressler Company: Address: 3683 northshore dr Wayzata ,Mn 55391 Resslerjon@gmail.com Contact Information: Associated Contact: Jon Ressler Resslerjon@gmail.com Associated Contact: Associated Contact: Associated Contact: Project Description: Lot width variances/Lot line rearrangement with 3685 NSD Land Use Application Type: Amendmend Application ❑ Appeal of Admin Decision 0 Concept Application Conditional Use Permit 0 Site Plan Application 0 Subdivision Application 0 Subdivision Exception El Vacation Application 0 Variance Application Ei Applicant Signature: .w.w. • file:///C/Users/Ioakden/Downloads/Land%20Use%20Application%20Summary%20(17).htm[5/12/2022 8:31:48 AM] From: Frank Plachecki To: Melanie Curtis; on R Subject: Re: 3683 lot line rearrangement Date: Tuesday,April 5,2022 12:10:51 PM Hello Melanie. I support the property line correction as Jon is indicating. Thank you both. Frank J. Plachecki, Ph.D. On Tuesday, April 5, 2022, 08:47:58 AM CDT, Jon R <resslerjon@gmail.com>wrote: Hey there Frank, as you know, we're working on doing the lot line correction. Melanie with orono is copied on this email, they just need to get clarification from you that you are OK with the application based on the proposed survey we have gone over together. If you don't mind sharing your support?-- Sent from Gmail Mobile • • Letter View PC Exhibit B PRACTICAL DIFFICULTIES DOCUMENTATION FOFLA22-000017 LA22-000017 . The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter. Response: Current lot line arrangement, as the legal drawing of the lot is not conducive to use. my neighbor and i have been utilizing the property line proposed as such for several years, so this application is to just finalize what has already been practiced for a very long time. 2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. Response: Current lot line arrangement, as the legal drawing of the lot is not conducive to use. my neighbor and i have been utilizing the property line proposed as such for several years, so this application is to just finalize what has already been practiced for a very long time. 3. The variance, if granted, will not alter the essential character of the locality. Response: Current lot line arrangement, as the legal drawing of the lot is not conducive to use. my neighbor and i have been utilizing the property line proposed as such for several years, so this application is to just finalize what has already been practiced for a very long time. 4. Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter. Response: Current lot line arrangement, as the legal drawing of the lot is not conducive to use. my ighbor and i have been utilizing the property line proposed as such for several years, so this application is just finalize what has already been practiced for a very long time. 5. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minnesota Statutes, Section 1163.06, Subd. 2, when in harmony with this Chapter. Response: Current lot line arrangement, as the legal drawing of the lot is not conducive to use. my neighbor and i have been utilizing the property line proposed as such for several years, so this application is to just finalize what has already been practiced for a very long time. 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: Current lot line arrangement, as the legal drawing of the lot is not conducive to use. my neighbor and i have been utilizing the property line proposed as such for several years, so this application is to just finalize what has already been practiced for a very long time. 7. The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. Response: Current lot line arrangement, as the legal drawing of the lot is not conducive to use. my neighbor and i have been utilizing the property line proposed as such for several years, so this application is just finalize what has already been practiced for a very long time. .• The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. file:///C/Users/loakden/Downloads/Practical%20Difficulties%20Documentation%20Form%20(15).htm[5/12/2022 8:31:47 AM] Letter View Response: Current lot line arrangement, as the legal drawing of the lot is not conducive to use. my neighbor and i have been utilizing the property line proposed as such for several years, so this application is to just finalize what has already been practiced for a very long time. .' 9. The conditions do not apply generally to other land or structures in the district in which said land is located. Response: Current lot line arrangement, as the legal drawing of the lot is not conducive to use. my neighbor and i have been utilizing the property line proposed as such for several years, so this application is to just finalize what has already been practiced for a very long time. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Response: Current lot line arrangement, as the legal drawing of the lot is not conducive to use. my neighbor and i have been utilizing the property line proposed as such for several years, so this application is to just finalize what has already been practiced for a very long time. 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: Current lot line arrangement, as the legal drawing of the lot is not conducive to use. my neighbor and i have been utilizing the property line proposed as such for several years, so this application is to just finalize what has already been practiced for a very long time. 12. The granting of such variance will not merely serve as a convenience to the applicant but is necessary to alleviate demonstrable difficulty. Response: Current lot line arrangement, as the legal drawing of the lot is not conducive to use. my • neighbor and i have been utilizing the property line proposed as such for several years, so this application is to just finalize what has already been practiced for a very long time. • file:///C/Users/loakden/Downloads/Practical%20Difficulties%20Documentation%20Form%20(15).htm[5/12/2022 8:31:47 AM] From: Ressler.Jon To: Laura Oakden;Frank Plachecki Cc: Melanie Curtis Subject: RE:Fwd:LA22-000017(3683/3685 North Shore Dr)Var-Update Practical Difficulties Date: Saturday,April 30,2022 10:22:56 AM Well hello there miss Oakden, So I'm getting gronberg to redraw this survey to remove the driveway setback variance created by this redraw,which should also slightly improve the 100' lot width at 75'. I've added my comments in highlight below to be amended to my application if it's helpful. Thanks so much! Lot Area: Both lots are currently substandard. Your proposed land exchange will not change the lot areas overall but will keep the lots substandard to the district so a variance is require to allow the exchange. 100' Lot Width at OHWL: (3683)51.5'to 63.5'and(3685):91'to 81' This reduction is mostly in part to the other property line also not following the ideal use.The proposed change does not change or reduce the use of the property, but rather a correction due to the applicants agreeing to using the property as proposed. Currently the Plachecki driveway is in part on Ressler property, and although this lot width appears to be impacting the lot width, it's current utility serves as reflected in application, and is mutual agreed as most practical use of the 1111 properties. 100'Lot Width at 75': (3683) 54'to 50'and(3685): 171'to 175' This change appears to have no negative impact to the utility of either property, but rather just how the property lines have been redrawn. The proposed line is redrawn for the best practical utility of each lot. 25% Hardcover: (3683)39.18%to 38.47%and (3685) 19.37%to 19.68% This change reflects an improvement to current hardcover calculations. 10'/7.5' Principal Side Yard Setback: (3683)3.2'to 4.75'and (3685) 18'to 16' This change reflects an improvement to the current side yard setback, and serves for best practical utility of properties. 5' Driveway Setback(3683)6.5'to 3'and (3685)0'/located outside property boundaries to 4.5' (This variance may be able to be resolved for one or each property if you/you neighbor is will to remove some driveway to meet the 5'setback requirement) This change will be improved to 5 feet from 3683,and although still close to zero for 3685,the change as applied would improve the overall difficulty, and serve as best practical use of both properties. • 0 PC Exhibit C LA22-000017 CERTIFICATE OF SURVEY AND LOT LINE REARRANGEMENT FOR JONATHAN RESSLER AND FRANK PLACHECKI u-s" IN LOTS 5,6,AND 7,BLOCK 2,CRYSTAL EXISTING LEG„DESGRIFFIOMS Z:S{ BEACH,AND VACATED CO.RD.NO.18 Ressler IPee Can...a T...14009231 OO1" MSC wwN� '• °�9 "�',""l HENNEPIN COUNTY,MINNESOTA tots.c.,.r.N... wsr SSM.peaOnvenat >r * 7@0.11. 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New Proposed Measurements ;'711 1 a(/' d • -- —1 ®' Yellow=the new proposed property boundary bti =21.1Red=an increase in a nonconformity 1111 1 to f i ,o Ea s.�1'E,1.._ „ — Green=an improvement in a nonconformity. III € Ra,NONEM AAA In 1 / seama «w „,.a.lour.Oa. 0.t-, 0 20 40 60 0 n arm ply � rg m.mwwrtto my aanto 0.•bourn.*not*a loose.Ow.*how*. g SCALE IN FEET SE Si w • • CERTIFICATE OF SURVEY AND LOT LINE REARRANGEMENT FOR JONATHAN RESSLER AND FRANK PLACHECKI Zia„ IN LOTS 5,6,AND 7,BLOCK 2,CRYSTAL DUSTING x B 3 7 BEACH,AND VACATED CO.RD.NO.19 Pos.,arCs...ear«�i�a.owea, HENNEPIN COUNTY,MINNESOTA La a,crystal e.m ui AND 1........'moos. U$ 5 abandonedAn that part of County Sr,.Aid xa,.:a,No ,(.Nunn a.County Roan n m. 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Date: 3-/7. 22 Stormwater Quality Overlay District Tier: (Circle one) OW Tier 2 Tier 3 Tier 4 Tier 5 Step 1:(JCISTING HARDCOVER) In the following table identify all items of existing hardcover on the property, keyed by letter to Certificate of Survey (survey must accompany this form). Use as many lines as necessary to accurately depict existing hardcover status of the property. For Tier 1 properties, identify any features by letter which are split at the 75' setback line and calculate hardcover square footage separately for each portion. Key to Survey Hardcover Item(Describe) Length x Width Total (Example) (Garage) (Square Feet) (24'x 30') (720 S.F.) A //ptfJC /7&y S.F. B i//rA'TG/ 0.(/UF ' Y (S//4q. FO} C CQrtiCRFry /tAki t�G 1�`�Y S.F. D CO.(iCirc7cc PT eP 462 S.F. E 1 /( ( /trio 9 0 S.F. F DEFK / 9 o S.F. G Air .o_D f ,sy S.F. H 37E//it- I7vvt y �i S.F. .17t;/4//.vG" j7'aac%r Y S.F.K S.F. L S.F. M S.F. • N N S.F.S.F._ p S.F. Q S.F. R S.F. S S.F. S.F. S.F. V S.F. y� S.F. X S.F. S.F. z S.F. S.F. (1) Total Existing Hardcover 3/3 O S.F. Excludable Hardcover(See City Code Sec 78-1684): S.F. _ S.F. S.F. S.F. S.F. (2) Total Excludable Hardcover 0 S.F. (3) Net Existing Hardcover [Subtract line(2)from line(1?1 3/3 p S.F. (4) Total Lot Area 7989 S.F. Proposed Hardcover Pejcentage [(3)_(4)j 32. /8 % (Proposed Hardcover next page) This is an information packet regarding Hardcover. Every effort has been made to insure the accuracy of the information contained herein; 411 however,if any information is not consistent with provisions of the City Code,the Code provisions will prevail. Page 8 of 9 City of Orono 110 .- Hardcover Calculation Worksheet Property Address: r ` (E. 3 No4 nv JAWir Ohf(/E- (REire ER ) `�'tESHO7/ Prepared by: u-A° FRG AffOCIITE1- ivc_ Date: Ad / S-2-22 Stormwater Quality Overlay District Tier: (Circle one) (13:) Tier 2 Tier 3 Tier 4 Tier 5 Step 2: ROPOSED DCOVE ,4 cr(A G or e/tic R EA A'1114/CfAi r. ) In the following table, identify alTifems of proposed hardcover on the property, keyed by letter to Certificate of Survey(survey must accompany this form). Include all existing hardcover items that are intended to remain, as well as all proposed hardcover items that will be added. Use as many lines as necessary to accurately depict proposed hardcover status of the property. For Tier 1 properties, identify any features by letter which ares lit the 75' setback line and calculatep at hardcover square footage separately for each portion. Key to Total Survey Hardcover Item (Describe) Length x Width (Example) (Garage) , (Square Feet) ,(24'x 30') (720 S.F.) A A /S/a<f.J-E eyiCr,�e.G /78Y S.F. B11161c4-ra/ 4 /1/E-4-44 Jr C.Fir.riccP) �, �r, C Ca.t/c A E TE /A k K/rte Y vQ-- S.F. D Ce,,vrarTE ) Dp iIt p62_ - S7 = 90$ S.F. E � - _ 86 S.F. �ticK /,CTIA ti /9p S.F. F OECk G A/c /i 0 S i, - Yi1 S.F. // S.F. H f7fti,x-G frovfT .*, Yi S.F. I fr6yrdAzG /74,.4vf f it /Q S.F. J L = S.F.- III K S.F. M S.F. N - S.F. 0 _ S.F. p S.F. P Q S.F._ R . S.F. S - _ S.F. T S.F._ U _ S.F. U S.F.J W S.F. x S.F. X S.F. Y S.F. Z S.F. (1) Total Proposed Hardcover 3073 S.F. Excludable Hardcover(Sae City Code Sec 78-1684): S.F. S.F. S.F. S.F. S.F. (2) Total Excludable Hardcover a S.F. (3) Net Proposed Hardcover [Subtract line(2)from fine(1)] 3o 7 (4) Total Lot Area 7 p . S.F. Proposed Hardcover Percentage [(3)+(4)j 3 8. Y7% • Subdivision Application-January 2016 This is an information packet regarding Hardcover. Every effort has been made to ensure the accuracy of the information contained herein;however,if any information is not consistent with provisions of the City Code,the Code provisions will prevail. Page 19 City of Orono o Hardcover Calculation Worksheet 4. Property Address: 368 S �/ORTN ' rA/a4F 04/1/F (PeAc,vcr. i) .kts„o!;' Prepared by: '� Date: otv6,fRG Affar/.tr‘z, /Ai EJ-4 3-/7 22 Stormwater Quality Overlay District Tier: (Circle one) (MILO Tier 2 Tier 3 Tier 4 Tier 5 Step 1: XISTING HARDCOVER In the following tab e leen I a items of existing hardcover on the property, keyed by letter to Certificate of Survey (survey must accompany this form). Use as many lines as necessary to accurately depict existing hardcover status of the property. For Tier 1 properties, identify any features by letter which are split at the 75' setback line and calculate hardcover square footage separately for each portion. Key to Survey Hardcover Item(Describe) Length x Width Total (Example) (Garage) (Square Feet) A y pu fE (24'x 30') (720 S.F.) B R,E'p) "Writ.r O D.t r vE(.,.e 7 (f//4! /7/7 S.F. G COCRCTF ,ARK//VG / j � S.F. D DeCk E liot(fr'f6i Cour Bo/t 0 E-A 'f3 S.F. F 1-y CO Y.3 S.F. G S.F. H J7dOP 7 S.F. S7TP I /6 S.F. /3 S.F. J S.F. L S.F. M S.F. N S.F. • N S.F. p S.F. Q S.F. R S.F. S S.F. T S.F. S.F. V S.F. �y S.F. x S.F. x S.F. Z S.F. S.F. (1) Total Existing Hardcover 35-3 S.F. Excludable Hardcover(See City Code Sec 78-1684): S.F. S.F. S.F. S.F. S.F. (2) Total Excludable Hardcover 0 S.F. (3) Net Existing Hardcover [Subtract line(2)from line(1)] 5 S.F. (4) Total Lot Area /8,2 C 9 S.F. Proposed Hardcover Percentage [(3)÷(4)] /9.37 (Proposed Hardcover next page) This is an information packet regarding Hardcover. Every effort has been made to insure the accuracy of the information contained herein; • however,if any information is not consistent with provisions of the City Code,the Code provisions will prevail. Page 8 of 9 'PC Exhibit D LA22-000017 City of Orono • (3...cwo. Hardcover Calculation Worksheet Property Address: 36-8'5 NORTH sh'7RF A/i/v' 11 SHo'-` Prepared by: , G�iLs►v/ERG 4 .lJfdC/�:'l:t', :,vc_ 5-2-z2 Stormwater Quality Overlay District Tier: (Circle one) ier 1 Tier 2 Tier 3 Tier 4 Tier 5 Step 2:Q'ROPOSED HARDCOVE (A Awe z or u.vF Af CIA A jou,GrAi ce'L? In the following table, identiy all items of proposed hardcover on the property, keyed by etter to Certificate of Survey(survey must accompany this form). Include all existing hardcover items that are intended to remain, as well as all proposed hardcover items that will be added. Use as many lines as necessary to accurately depict proposed hardcover status of the property. For Tier 1 properties, identify any features by letter which are split at the 75' setback line and calculate hardcover square footage separately for each portion. Key tSurvey , (Square Feet) (Example) (Garage) (24'x 30') A //DurE Exirri+vC (720 S.F.) B /7i 7 S.F. Se.../ 04 i1, "Gf/.L`1 Cr/iAc0) i+ 3-63.7 S.F. C COrVr'LCTE ,D1AklArG Ir /12/ 7457 - //78 S.F. U DECK « Yif S.F. E t/O/LE,f0ALI_ cL94xRT eagA0F4 „ _ Y3 F I-NE',0 ., S.F. G wick i+ /277 S.F. H STOOP ,+ 5 7 S.F. _ /6 S.F. 4 I TrrA.!' ,i i3 S.F. J S K S.F. L S.F. IN S.F. S.F. N S.F. O S.F. P S.F. Q S.F. R S.F. S , S.F. T S.F. - u S.F. V S.F. W S.F. x S.F. Y S.F. Z S.F. (1) Total Proposed Hardcover _ 3 59 6 S.F. Excludable Hardcover(See City Code Sec 78-1684): S.F. ' S.F. S.F. S.F. S.F. (2) Total Excludable Hardcover 0 S.F. (3) Net Proposed Hardcover [Subtract line(2)from line(111 3 59 6 S.F. (4) Total Lot Area /P, 26 9 S.F. Proposed Hardcover Percentage [(3)+(4)] /9. 6-8 % • Subdivision Application-January 2016 This is an information packet regarding Hardcover. Every effort has been made to ensure the accuracy of the information contained herein;however,if any information is not consistent with provisions of the City Code,the Code provisions will prevail. Page 19 • i , 0 $ Or + P C Exhibit E ' LA22-000017 w `, • 1. ti /. '`r*-': ,tet y �'\ ....,e- - ,..„, ...„... , , . ,. . 4 - :,,,,, , / 4t140.. ..,..... ....,. . , ...-- . .....„,,,.. ... , •. ,.., -,,,,,.. , 4. ... ),......, 4 4 ' :'. ". ,,' ''' '' 't . 41**Age ". _4,, 4PL ' ! f . #sem M J r _ h ''''itiiiiit-40 , 4 ,IiL r- • r *, • '' . . ._-•, 1,0.1? • % 44. • . ''.*;;?•`"i' A. 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At • "4„:,'` 4 • i i V 4140„t*e.. t Al 011/-; • • •fit* ... : ,;,,t.,: , t. i.. s ! i • ..____ 1 PC Exhibit F Hennepin County Locate & Notify Map LA22-0000177 • Date:4/4/2022 35i `540 3550 041 3580 69r 3570 6111) c- ,590*4: r 40' Vfli ' Ill 'f� ,I +� 51 ,c4 0411°°"*&Ji lt5 4, 361 ! 3625 tQi Mf if, 3635 -i `'`., 3645 "H' t 4O� 3655Ix , 3669 49 vv. 3675 at' lc?A 3768 °�� 3683 51 : III / 3805 1 1610 nu' 37(''l "'" l' t F 620 1635 021 ?ti 1645 i3 1640 . 13'1 }s- fn 165.' yr t t1675 1 1670In i i 1680 Uri l 1690 {rfl Buffer Size: 500 0 50 100 200 Feet Map Comments: I I f I I l I l I 3683 North Shore Dr This data O is furnished 'AS IS' with no representation as to completeness or accuracy; (ii)is fumshed with no warranty of any knd; and (ii) is notsuitable for legal, engneering or surveying • purposes.Hennepin County shall not be liable for any damage,injury or loss resulting from this data. For more information,contact Hennepin County GIS Office 300 6th Street South,M imeapolis,MN 55487/gis.info@hen nepin.us RUN DATE:04/04/2022 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM(PROPERTY OWNERS LIST) PAGE:I 38 08-117-23 34 0003 38 08-117-23 34 0051 38 17-117-23 21 0014 COUNTY OF HENNEPIN D G HEEMAN&D A ELLINGBOE A LARSON&C LARSON • 38 ADDRESS UNASSIGNED 3669 NORTH SHORE DR 1650 SHADYWOOD RD ORONO MN 00000 ORONO MN 55391 ORONO MN 55391 COUNTY OF HENNEPIN DONALD G HEEMAN ANGELA LARSON FACILITIES SERVICES DEBORAH A ELLINGBOE CHRISTOPHER LARSON 300 S 6TH STREET MC 228 3669 NORTH SHORE DR 5008 BRUCE AVE MINNEAPOLIS MN 55487 WAYZATA MN 55391 EDINA MN 55424 38 08-117-23 34 0004 38 08-117-23 34 0052 38 17-117-23 21 0029 COUNTY OF HENNEPIN MELISSA PLACHECKI BARRY CARLSON/DEBBIE CARLSON 38 ADDRESS UNASSIGNED 3675 NORTH SHORE DR 3805 NORTH SHORE DR ORONO MN 00000 ORONO MN 55391 ORONO MN 55364 COUNTY OF HENNEPIN MELISSA PLACHECKI BARRY JON CARLSON FACILITIES SERVICES 3675 NORTH SHORE DR DEBBIE MARIE CARLSON 300 S 6TH STREET MC 228 WAYZATA MN 55391 3805 NORTH SHORE DR MINNEAPOLIS MN 55487 MOUND MN 55364 38 08-117-23 34 0005 38 08-117-23 34 0053 COUNTY OF HENNEPIN J RESSLER/CHRISTINE RESSLER 38 ADDRESS UNASSIGNED 3683 NORTH SHORE DR ORONO MN 00000 ORONO MN 55391 COUNTY OF HENNEPIN JON RESSLER FACILITIES SERVICES CHRISTINE RESSLER 300 S 6TH STREET MC 228 3683 NORTH SHORE DR MINNEAPOLIS MN 55487 WAYZATA MN 55391 38 08-117-23 34 0006 38 08-117-23 34 0054 COUNTY OF HENNEPIN FRANK PLACHECKI 38 ADDRESS UNASSIGNED 3685 NORTH SHORE DR ORONO MN 00000 ORONO MN 55391 COUNTY OF HENNEPIN FRANK PLACHECKI FACILITIES SERVICES 3685 NORTH SHORE DR 300 S 6TH STREET MC 228 WAYZATA MN 55391 MINNEAPOLIS MN 55487 38 08-117-23 34 0007 38 08-117-23 34 0061 ADAM LEHR&ASHLEY LIPNICK HENNEPIN COUNTY 3645 NORTH SHORE DR 3700 NORTH SHORE DR ORONO MN 55391 ORONO MN 55391 ADAM LEHR COUNTY OF HENNEPIN HRA • 3645 NORTH SHORE DR 701 4TH AVE S STE 700 WAYZATA MN 55391 MINNEAPOLIS MN 55415 38 08-117-23 34 0008 38 08-117-23 34 0063 MICHAEL D SHARRATT NANCY L BLAIR 3635 NORTH SHORE DR 3768 NORTH SHORE DR ORONO MN 55391 ORONO MN 55391 KATHERINE S KITT NANCY L BLAIR 5590 WOODSIDE LA 3768 NORTH SHORE DR EXCELSIOR MN 55331 WAYZATA MN 55391 38 08-117-23 34 0009 38 17-117-23 21 0010 MARK E WELCH GAIL C ROGERS REV TR 3625 NORTH SHORE DR 1610 SHADYWOOD RD ORONO MN 55391 ORONO MN 55391 MARK E WELCH GAIL ROGERS 3625 NORTH SHORE DR 1610 SHADYWOOD RD WAYZATA MN 55391 WAYZATA MN 55391 38 08-117-23 34 0010 38 17-117-23 21 0011 STONE POND LLC KRISTINA M ERICSON ET AL 3619 NORTH SHORE DR 3705 NORTH SHORE DR ORONO MN 55391 ORONO MN 55391 STONE POND LLC GAIL ROGERS CHIEF MANAGER 1610 SHADYWOOD RD 4507 MOORLAND AVE WAYZATA MN 55391 EDINA MN 55424 38 08-117-23 34 0011 38 17-117-23 21 0012 STEARNS JAMES LLC HANS DONALD ROSACKER II ETAL 3605 NORTH SHORE DR 1620 SHADYWOOD RD ORONO MN 55391 ORONO MN 55391 STEARNS JAMES LLC DON&KIM ROSACKER 4507 MOORLAND AVE 1620 SHADYWOOD RD EDINA MN 55424 WAYZATA MN 55391 38 08-117-23 34 0050 38 17-117-23 21 0013 • A&D HAGEN TRST AGRMNT OF DORIS E FINN 3655 NORTH SHORE DR 1640 SHADYWOOD RD ORONO MN 55391 ORONO MN 55391 AL&DONNA HAGEN DORIS ELAINE FINN P O BOX 5 1640 SHADYWOOD RD CRYSTAL BAY MN 55323 WAYZATA MN 55391 • Hennepin County has developed electronic forms of certain property information databases.Hennepin County makes reasonable efforts to produce and publish the most current property information available.The viewer should understand,however,that Hennepin County makes no representation or warranties,either express or implied,or as to merchantability or fitness for a particular purpose regarding the accuracy and/or completeness of the information contained herein. • • • Date Application Received: 04/20/22 Date Application Considered as Complete:04/20/22 . o 60-Day Review Period Expires: 06/19/22 1_ ` ftgj To: Chair McCutcheon and Planning Commission Members Adam Edwards, City Administrator F! G. "IkEs From: Melanie Curtis, Planner I'Y1G0 Date: 16 May 2022 Subject: #LA22-000024, Sharratt Design o/b/o Michael&Shyan O'Shaughnessy 3350 Fox Street Guest House CUP Public Hearing Application Summary: The applicant is requesting a guest house conditional use permit. Staff Recommendation: Planning Department Staff recommends approval. Background The applicant wishes to construct an addition over the existing detached garage to function as a guest house.The property is just over 7 acres in area within the LR-1A zoning district where 2.0 • acres is the minimum size. A conditional use permit (CUP) is required for the guest house use. A minimum of 4.0 acres is required for a guest house use in this district. Applicable Regulations: Plumbing in the Accessory Building CUP (Section 78-303) The applicant is proposing to construct a second story addition over the existing oversized detached garage to serve as a guest house use. A guest house uses requires a conditional use permit. The±1,300 square foot building is conforming with respect to size and location. Applicable Regulation:Conditional Use Permit(Section 78-916) The Planning Commission may recommend and the Council may grant a Conditional Use Permit (CUP) as the use permit was applied for or in modified form. On the basis of the application and the evidence submitted,the city must find that the proposed use at the proposed location is or will be: 1) Consistent with the community management plan;The proposed use is residential in nature and residential uses are consistent with the CMP guiding for this property. 2) Compliant with the zoning code, including any conditions imposed on specific uses as required by article V, division 3 of the City Code; The proposed accessory building improvements including the guest house use are compliant with the zoning ordinance. 3) Adequately served by police,fire, roads, and stormwater management;The proposed use will be adequately served by existing services and facilities. • FILE#LA22-000024 16 May 2022 Page 2 of 3 4) Provided with an adequate water supply and sewage disposal system; The property • is served by sewer and a private well.The applicant is aware that the septic system must be upsized at the time of building permit.This criterion is met. 5) Not expected to generate excessive demand for public services at public cost; This criterion is met. 6) Compatible with the surrounding area as the area is used both presently and as it is planned to be used in the future; The proposed guest house is residential in character and its use is expected to be compatible with the surrounding area. 7) Consistent with the character of the surrounding area, unless a change of character is called for in the community management plan; The guest house is residential in visual character and is expected to be compatible with the principal building on the property and the surrounding area. 8) Compatible with the character of buildings and site improvements in the surrounding area, unless a change of character is called for in the community management plan; The architectural styling of the guest house will be residential-looking in character and consistent with that of the principal building on the Property. 9) Not expected to substantially impair the use and enjoyment of the property in the area or have a materially adverse impact on the property values in the area when compared to the impairment or impact of generally permitted uses; The proposed use is not expected to have any adverse impacts. No information has been presented to indicate such. 10) Provided with screening and buffering adequate to mitigate undesirable views and activities likely to disturb surrounding uses; The guest house use will be in the existing detached garage and it is situated in conforming location.The guest house will not be • significantly visible when viewed from off the Property,and the views from the neighbors will be screened by existing vegetation and the physical separation. In the opinion of staff,additional screening or buffering is not necessary. 11) Not create a nuisance which generates smoke, noise,glare,vibration, odors,fumes, dust, electrical interference,general unsightliness, or other means; The proposed guest house use is not expected to cause any of these undesirable impacts. 12) Not cause excessive non-residential traffic on residential streets, parking needs that cause a demonstrable inconvenience to adjoining properties,traffic congestion,or unsafe access; It is anticipated that the proposed use will not generate any of these undesirable issues. 13) Designed to take into account the natural,scenic, and historic features of the area and to minimize environmental impact; The guest house is designed to conform to the residence on the property,and will not have a negative environmental impact. 14) All exterior lighting shall be so directed so as not to cast glare toward or onto the public right-of-way or neighboring residential uses or districts; Applicant is hereby advised of this requirement; and 15) Not detrimental to the public health, public safety, or general welfare.This criterion is met. The CUPs may be granted subject to such conditions as the Council may prescribe. Further approval shall be granted only when the following criteria are met: 1. Regarding the guest house CUP,the lot is at least two times the minimum lot area required by this section; and FILE#LA22-000024 16 May 2022 Page 3 of 3 • 2. The guest house is for the sole use of the occupants of the principle dwelling, including their domestic employees and nonpaying guests. 3. The council finds that the proposed use of the pool cabana with a shower will not be detrimental to the residential character of the neighborhood. 4. The council finds that the plumbing fixtures proposed in the cabana are in keeping with the applicants' intended use of the accessory building. 5. The property owner agrees to the filing of a covenant in the title of the property providing that the accessory buildings will not be: a. Used for a home occupation unless specifically approved by the city or if allowed by this Code. b. Used as a dwelling unless a guest house conditional use permit is obtained. c. Rented, leased or otherwise provided for use as a dwelling under any circumstances. Additionally,the CUPs shall remain in effect as long as the conditions imposed by the City Council are observed, but nothing in this section shall prevent the city from enacting or amending official controls to change the status of conditional uses. Public Comments To date, no public comments have been received. Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner as allowed by the Zoning Code? • 2. Does the Planning Commission find that the approval, if granted, will not alter the essential character of the neighborhood? 3. Are there any other issues or concerns with this application? Planning Staff Recommendation Staff recommends approval conditioned upon the property owner's agreement to the filing of a covenant in the title of the property assuring that the guest house will not be used for a home occupation unless specifically approved by the city or if allowed by Code; and will not be rented, or leased under any circumstances. Staff recommends an additional condition of approval that the existing 5-bedroom septic system be upgraded appropriately to serve the additional bedrooms in the guest house. List of Exhibits Exhibit A. Application & Narrative Exhibit B. Existing Survey Exhibit C. Existing Garage Elevations Exhibit D. Proposed Plans and Elevations Exhibit E. Aerial Views Exhibit F. Property Owners List Exhibit G. Plat Map 5/10/22,12:45 PM Permit Details I Citizenserve PC Exhibit A Land Use Application Summary Application Date: 04/20/2022 Address: 3350 Fox Street Orono,MN 55356 Parcel Number: 0511723440008 Land Use Number: LA22-000024 Application Submitted By: Agent on behalf of property owner Owner: Name: NANCY R BIGOS Address: Sold to: Michael and Shyan O'Shaughnessy 3350 Fox Street Orono, Mn 55356 Applicant: Name: Nora Kirkwold Company: Sharratt Design & Company Address: 464 Second St. Excelsior,MN 55331 nkirkwold@sharrattdesign.com Contact Information: Associated Contact: Associated Contact: Associated Contact: • Associated Contact: Project Description: Addition of living quarters above detached garage 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 C1 Mt Applicant Signature: • https://www7.citizenserve.com/Admin/PermitController 1/1 sh .irr.itt C• des 0tit p ny 04-20-22 3350 Fox St., Orono,Mn 55356 Our client,Michael and Shyan O'Shaughnessy recently became the new owners of the home on 3350 Fox Street. Our clients appreciate the breath-taking views of Lake Minnetonka from the site as well as some of the old-world charm that comes with this 1920's brick estate. Michael and Shyan number one aim is to respect the rich history of the site and home. One of their desires, however, is to create a living space above their existing detached garage for when they would occasionally have guests overnight. The original door of the main house was reincorporated into the back façade of the garage. Michael and Shyan want to keep all 4 sides of the brick garage intact and merely build on top of the garage except for adding a new wood plank door to match the existing that would have direct access to the living quarters above. The new hip roof would be steeper than the existing roof(more in keeping with the main home)and would rise from where the old roof began. The space above would be contained under this roof and 4 stucco dormers similar to the dormers on the main house are located on each façade to add interest as well as create the necessary head room. This creates a feeling of the structure being more of a story and a half vs. a full 2 stories. As you can see from the bird's eye view photo with the new roof superimposed, the O'Shaughnessy's want to make sure that the remodeled garage will feel like it blends in seamlessly with the rest of the estate. Every effort will be made to copy details from the main home. The roof will be a slate hipped roof with relatively short overhangs to match the existing home,the walls will be brick and stucco in identical colors as the main home, the windows will be the same turquois color and will have divided lights in proportions that are similar to the main home. The shutters have been added to all the windows on the second floor and will match the existing color and style of the shutters on the main floor. We believe that this addition ties in perfectly with the house and pool building and respects the original vintage architecture while at the same time creating the function needed to accommodate their guests. 4 6 4 Second Street • Suite 1 0 0 • Excelsior , MN 5 5 3 3 1 p h o n e : 9 5 2 . 4 7 0 . 9 7 5 0 • fax : 9 5 2 . 4 7 0 . 8 4 0 7 website : s h a r r a t t d e s i g n . c o m • email : info@sharrattdesign . com • PC Exhibit B .1 // CERTIFICATE OF SURVEY FOR l NANCY BIGOS FOX STREET O,51,-p1 I' OF LOT 4,BLOCK 1,FULLERTON ESTATES a Q? sI S� _ 9O'O OO"E' G`• me' HENNEPIN COUNTY,MINNESOTA y l fl' 0 i J O t-l11 1 A 4� ' Prop.d a m.Maur ,_______ \.\ `1 ' ciap O I\ N 1 t 1 TJ MUM t, 1 11 le 41 •_.__ a __ 3 , `1 4Q ± p,. - avi,*,_ l Y sr -4o e_ _ Ix is t,1 'L )�a�' Tf -L__ .767d.11,171,!0 a „e..,)\,v. 4114, v Lf`'.r'`te� —'f- � 0 I__- -��`�''�_ _./"/__- EQ\,�`Ji __ � •t P!! ! cc,nu»nw a PROMS: iflSyM;; , . - _ t, Lot 4.aw 1.FULLERTON a L„a !Hi $ L 'i ` / — e u .. o mm we..el i • I + `yisarnR ® yarww,..e .. ..,es1 D 8 ' \\ i /i . 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For more Information,contact Hennepin County GIS Office 300 6th Street South,Minneapolis,MN 55487/gis.info@hennepin us • *A/4 To: Chair McCutcheon and Planning Commission Members Adam Edwards, City Administrator yFrom: Jeremy Barnhart,AICP, Community DevelopmentkFSHoV'‘` Director Date: May 16, 2022 Subject: #LA22-000018,City of Orono Text Amendment related to non-encroachments Public Hearing Application Summary: The city of Orono is proposing an ordinance amendment that will list lawn irrigation systems as among permissible encroachments into the required yard setbacks. Staff Recommendation: Planning Department Staff recommends approval of the draft as written. Background In each zoning district,front, side, rear, and where applicable, lake yards are established by minimum setbacks. These setbacks generally prohibit improvements within a required yard. Additionally,the code permit certain improvements within those setbacks. These • improvements include fences, entrance monuments, retaining walls, etc. and are considered non-encroachments. Irrigation systems are listed as an accessory use, but without being listed in the non- encroachment section, must maintain accessory structure setbacks. The placement of irrigation systems within required yards, along the property lines, or even in adjacent rights of way is a common practice. The proposed ordinance adds an irrigation systems as a permissible non- encroachment. Staff sees the amendments as a housekeeping action. Public Comments To date, no public comments have been received. Issues for Consideration 1. Are there any issues or concerns with this proposal? Planning Staff Recommendation Planning Staff recommends approval of the amendment as drafted. List of Exhibits Exhibit A. Draft Ordinance • LA22-000018 PC ExA • 1 Sec. 78-1405. Nonencroachments. 2 (a) The following shall not be considered to be encroachments on yard setback requirements: 3 (1) Chimneys,flues, belt courses, leaders,sills, pilasters, lintels,ornamental features,cornices, eaves, 4 gutters,and similar building elements, provided they do not extend more than two feet into a required 5 yard. 6 (2) Nameplate signs for one-family dwellings subject to the provisions of article X,division 4 of this 7 chapter;lights for illuminating parking areas, loading areas or yards for safety and security purposes, 8 provided the direct source of light is not visible from the public right-of-way or adjacent residential 9 property and is located at least five feet from the front lot line; public utility poles and overhead lines; 10 mailboxes. 11 (3) Steps,sidewalks, uncovered porches,stoops or similar structures which do not extend above the 12 height of the ground floor level of the principal building and extend to a distance of not less than two 13 feet from any lot line. 14 (4) Bays,cantilevers,and fire escapes. In side or rear yards only,the following encroachments are 15 permitted: 16 a. Bays and/or cantilevers which are not part of the defined building footprint, may extend up to 17 two feet into the required side or rear yard, provided the aggregate area of the bays and/or 18 cantilevers is not more than 20 square feet;and 19 b. Fire escapes not exceeding a width of three feet and a depth of four feet. 20 (5) Driveways and parking areas when constructed, located and used in compliance with other provisions 21 contained within chapter 78. Driveways and parking areas may extend to within five feet of a side lot • 22 line. 23 (6) Retaining walls, planters and similar structures,subject to the following provisions: 24 a. Retaining walls, planters and similar structures may be located in all required yards when all of 25 the following conditions are met: 26 1. The structure is located at least ten feet from the edge of the traveled roadway; 27 2. The structure is not located within a drainage, utility, or other easement, except upon 28 approval in writing for an encroachment agreement by the city;or similar approval from 29 another regulatory and/or utility agency; 30 3. The structure creates no impacts to drainage direction, rate or volume for adjacent 31 properties. 32 4. The structure is two feet in height or less above existing grade. 33 b. Retaining walls, planters and similar structures exceeding two feet in height above existing 34 ground level or which are located less than five feet from a side property line,shall require a 35 permit and upon recommendation of the building official may require city council review or a 36 conditional use permit per the provisions of section 78-967. 37 c. Retaining walls, planters and similar structures exceeding the allowed height of a fence shall be 38 located so as to meet the required accessory structure setbacks established for that yard. Created: 2022-03-25 15:53:37 [EST] (Supp.No.20,Update 1) Page 1 of 5 • 221710v1 • 39 (7) Window wells including those for fire egress which do not extend more than five feet from the 40 building, and no closer than two feet to the property line. 41 (8) Air conditioning or heating equipment may be located within a required yard but shall be located 42 within five feet of the building it serves;shall not be located within an existing or required drainage 43 and/or utility easement;and shall be located at least five feet from any lot line. 44 (9) Fences erected in all zoning districts are considered as a nonencroachment when they conform to the 45 standards listed below. For the purposes of this section,the following definitions shall apply: 46 Permanent fence. A fence that is installed in a fixed or enduring manner that is not intended for a 47 seasonal or temporary purpose. 48 Temporary fence.A fence that is not permanently secured or anchored to the ground by posts or 49 affixed footings, and is installed and removed on a limited term or seasonal basis such as:snow fences, 50 garden fences,seasonal recreational fences such as hockey boards;fences installed for safety or access 51 management purposes for special events;and fences installed for the duration of a construction 52 project such as silt fences,erosion control bioretention logs, and septic drainfield site protection 53 fences. 54 Fence height.The measurement from the top of any part of the fence, including posts or other 55 structural supports, lattice,ornate top design elements,and so forth measured to the existing ground 56 level below the fence,as measured perpendicular to the slope(see Drawing). Exception: Post finials 57 extending above the top of the fence shall not be deemed as part of the fence for height determination 58 purposes as long as they do not exceed ten inches in width per finial and do not extend above the top 59 of the fence by more o e t h an ten percent of the allowed maximum fence height at that location. 60 • 61 Drawing:Fence Height Measurement 62 on Sloped Site 63 I-I _h %It 64 65 a. Nonlakeshore lots. 66 1. Fences and walls within a required front yard or side street yard shall not exceed a height 67 of 42 inches above existing ground level . Created: 2022-03-25 15:53:37 [EST] • (Supp. No.20,Update 1) Page 2 of 5 221710v1 68 2. Fences and walls within a required rear or side yard shall not exceed a height of six feet • 69 above existing ground level. 70 b. Lakeshore lots. 71 1. Fences within the required street(rear)yard or side street yard of a lakeshore lot shall not 72 exceed 42 inches above existing ground level. Exception:A fence not exceeding six feet in 73 height may be located along the street lot line of a lake frontage lot which abuts a major 74 thoroughfare.A major thoroughfare for purposes of this section means any county road or 75 state highway. If such fence involves fill or berming,the total combined height of both 76 fence and fill shall not exceed six feet above the height of the crown of the major 77 thoroughfare. 78 2. Fences within the required side yard of a lakeshore lot shall not exceed six feet in height, 79 and shall not exceed 42 inches in height for any portion located lakeward of a line drawn 80 between the most lakeward projection of the fence owner's principal residence structure 81 and the most lakeward projection of the principal residence structure on the adjacent 82 property abutting the side yard in which the fence is located. 83 3. Fences shall not be constructed within the defined lakeshore yard of a lakeshore lot,i.e., 84 shall not be located within 75 feet of the shoreline for general development lakes, 100 feet 85 for recreational lakes,or 150 feet for natural environment lakes. 86 4. When the building site of a lakeshore lot is separated from the lakeshore by a public or 87 private road,the following definitions will apply for fence location purposes subject to the 88 provisions of section 78-1405(a)(8)a.2:When the yard on the opposite side of the building 89 site from the lake does not abut a street,such yard shall be considered as a standard rear 90 yard.The yard between the building site and the street shall be considered as a standard 91 front yard. • 92 c. Special provisions.Split rail fences of no more than three rails within a required front,street or 93 side street yard may have a maximum top rail height of 48 inches above existing ground level. 94 Board rail fences within a front,street or side street yard for the specific purpose of enclosing 95 permitted domestic animals may have a top rail height of 60 inches and shall be no more than 50 96 percent opaque. 97 d. Intersection sightline obstruction prohibited. No fence shall be installed so as to obstruct a 98 required clear view at street intersections as required by section 78-1371. 99 e. Fence construction and maintenance. 100 1. The owner of a fence shall maintain it in a condition of reasonable repair and appearance 101 and shall not allow it to become or remain in disrepair or in a dangerous condition. 102 2. Fences shall be installed with the finished side facing neighboring properties or the street. 103 The term "finished side" means that side having no structural supports. 104 3. Fencing materials shall consist of permanent all weather products. 105 4. Temporary fencing shall not be allowed to remain on the property following final 106 inspection, or issuance of a certificate of occupancy for a permitted construction project, or 107 protection of property during a similar project or winter conditions.Winter conditions shall 108 be defined as October 15 through March 31 of the following year.Temporary fencing 109 associated with a special event shall be removed within seven days of the end of such Created: 2022-03-25 15:53:37 [EST] (Supp. No.20,Update 1) Page 3 of 5 • 221710v1 • 110 event.Temporary fencing materials shall not be allowed to remain on a permanent basis 111 on a parcel. 112 5. Existing fences that are legal nonconforming as to location, height, design or other 113 characteristics may be replaced in kind. 114 (10) Entrance monuments,defined for the purpose of this section as a nearly permanent physical structure 115 or object, natural or artificial, used to depict an entrance to the property,erected in all residential 116 zoning districts are considered nonencroachments when they conform with the following standards: 117 a. Each monument,with a maximum of two per approved driveway access,shall be limited to a 118 single pillar with a footprint measuring no larger than 25 square feet and no length to exceed five 119 feet; 120 b. The monument must be setback a minimum of five feet from all property boundaries and never 121 fewer than ten feet from the edge of the paved,traveled roadway; 122 c. Plans and/or elevation views of the proposed monuments are required to be submitted for 123 approval by the planning director; 124 d. All signage proposed for the monuments must comply with article X,division 4; 125 e. The monuments are limited to eight feet in height including any appurtenances.Any monument 126 exceeding the maximum height must meet principal structure setback requirements; 127 f. When more than one monument is proposed,and serving two or fewer residences,a minimum 128 horizontal width of 16 feet is required between them; 129 g. When more than one monument is proposed,and serving three or more residences,a minimum 130 horizontal width of 22 feet is required between them; • 131 h. Lighting is allowed,in conformance with section 78-1573 and at the discretion of the planning 132 director. 133 i. A building permit is required for installation and the property corners must be located for 134 inspection purposes. 135 (11) Gates,when proposed, must meet the following requirements: 136 a. The gate must open into the property not outward towards the right-of-way,and 137 b. Gates serving two or fewer residences shall have a minimum horizontal width of 14 feet in the 138 full open position,and 139 c. Gates serving three or more residences shall have a minimum horizontal width of 20 feet in the 140 full open position,and 141 d. For all properties,gate height may not exceed the height of the monument, measured from 142 grade, unless principal structure setbacks are met(if monuments are not proposed then gate 143 height shall be regulated in accordance with the fence height regulations of section 78-1405(8), 144 and 145 e. For locked and/or secured gates a knox box, meeting the standards set forth by the police and 146 fire department,must be provided for emergency access,and Created: 2022-03-25 15:53:37 [EST] (Supp. No.20,Update 1) • Page 4 of 5 22[710vI 147 f. On major thoroughfares the monuments and gates must be located 40 feet from the paved, • 148 traveled road to allow for vehicle stacking.A major thoroughfare for the purposes of this section 149 means any county road or state highway. 150 (12) Lawn Irrigation systems are permitted in any required yard. Non-pressurized lines for Irrigation systems 151 may be installed in the adjacent right of way,at the system owner's risk.The system owner shall 152 relocate or remove the lawn irrigation system from the right of way at system owner's expense in the 153 event said relocation or removal is required by the city or other utility company authorized to use the 154 city right of way.System owner shall defend, indemnify, and hold harmless the city its officials and 155 employees from and against any and all claims, liability for loss,damage,or injury arising directly or 156 indirectly from the lawn irrigation system or to the system that is in the right of way. 157 (b) The following shall not be considered to be encroachments on structure height requirements: 158 (1) Parapet walls that extend no more than three feet above the height of the building. 159 (2) HVAC cooling towers. 160 (3) Elevator penthouses. 161 (Code 1984,§10.03(15);Ord. No. 211 2nd series, §§1-5, 11-26-2001;Ord. No. 12 3rd series,§1,5-24-2004;Ord. 162 No.30 3rd series, §1, 11-28-2005;Ord. No.43 3rd series,§ 1, 2-25-2008; Ord. No. 106 3rd series,§22,6-10-2013; 163 Ord. No. 139 3rd series, §1,2-23-2015; Ord. No. 140 3rd series, §1,3-23-2015; Ord. No. 170 3rd series, §§3,4,6- 164 13-2016; Ord. No. 188 3rd series, §1,3-22-2017; Ord. No. 189 3rd series,§5,4-10-2017; Ord. No.209 3rd series, § 165 1,6-11-2018;Ord. No.222 3rd series, §22, 12-10-2018) 166 • Created: 2022-03-25 15:53:37 [EST] (Supp.No.20,Update 1) Page 5 of 5 • 221710v1 To: Chair McCutcheon and Planning Commission Members Adam Edwards, City Administrator A ti • 1.6L From: Jeremy Barnhart,AICP, Community Development `,dkFSHo��` Director Date: May 16, 2022 Subject: #LA22-000019, City of Orono Text Amendment related to docks in RS zoning districts Public Hearing Application Summary: The city of Orono is proposing an ordinance amendment clarifies the ability for lake property owners in the RS zoning district (Big Island, Mahpiyata, and Deering Islands) to provide an easement for inland owners in the RS district, and also remove\s the ability for the city to issue permits for docks on Big Islands. The may still issue licenses for docks in the RS zoning district. Staff Recommendation: Planning Department Staff recommends approval of the draft as written. • Background In 2020,the City of Orono amended the city code, allowing riparian (lake side) property owners in the RS zoning district to grant easements for non-riparian owners in that zoning district for lake access. Lake access easements are not permitted elsewhere in the city. This amendment restates that permission within the RS zoning district regulations,to aid the user in finding it. Other changes proposed include removing the provision of the code that granted the City Council authority to issue a permit for a property owner to use public rights of way for inland property access (docks). That provision was in essence replaced with the Council's licensing program, established in 2021. Any municipal dock must be approved by the LMCD. Public Comments To date, no public comments have been received. Issues for Consideration 1. Are there any issues or concerns with this proposal? Planning Staff Recommendation Planning Staff recommends approval of the amendment as drafted. List of Exhibits Exhibit A. Draft Ordinance • LA22-000019 PC ExA • Subdivisions Code:Sec.82-255.-Lakeshore lots. - Commented[JB1]:Original section in Subdivision Code 2 The granting of easements which purport to grant access to the lake to any person for any uses, 3 including but not limited to docking,mooring,swimming and launching of boats,is prohibited and 4 shall be deemed a violation of this chapter and subject to all of the penalties and proceedings as 5 set forth in this chapter. 6 Exception.An owner of a riparian lot within the Seasonal Recreational(RS)zoning district may 7 grant an easement over their riparian,RS zoned property to benefit a non-riparian,RS zoned 8 property for lake access purposes.] Commented[JB2]:Change made in 2020,no change proposed now 9 (Ord.No.248 3rd series,§1,9-14-2020) 10 11 12 13 Section 78-579.—Easement for non-riparian lake access - Commented[JB3]:New section to be added to Zoning Code 14 An owner of a riparian lot within the Seasonal Recreational(RS)zoning district may only grant an 15 easement over their riparian,RS zoned property to benefit a non-riparian.RS zoned property for 16 lake access purposes. 17 Sec.78-566.-Accessory uses. • 18 Within any RS seasonal recreational district,no accessory structure or use of land shall be 19 permitted unless a permitted or conditional use is first established on such land,except as allowed 20 in section 78-564(3). Once a permitted or conditional use exists on any lot or parcel,no accessory 21 structure or use of land shall be permitted except for one or more of the following uses: 22 (1)Docks conforming to city and Lake Minnetonka Conservation District regulations,not to exceed 23 one slip per 50 feet of shoreline width,or a maximum of four slips per property,whichever is less. 24 An annual joint-use dock license shall be required for any nonresidential dock and/or for any 25 property having more than four slips.The accessory use of a residential or non-residential private 26 dock shall not include renting space,except to an inland Biq Island lot owner. 27 28 Sec.78-567.-Permit for private improvements within public rights-of-way. commented[JB4]:This is specific to the RS zoning District. 29 It is unlawful for any person to alter,improve or use for private purposes in any RS district any 30 platted public right-of-way,any platted public park,or any other property owned by the city without 31 first obtaining a permit from the council,as follows: 32 (1)Inland property accocs. Persons desiring access to property located inland and not abutting the 33 shoreline may apply for a permit to privately use and/or improve platted public right of way for 35 reasonable alternative access available,and that the proposed improvements and/or type of use 36 would not unreasonably affect other properties abutting the right of way.The council may approve, 221719v1 • • 38 - - - • - -- - - • • - - 42 assess- 43 (2)Land alterations. Grading or physical alteration of any platted public right-of-way for any 44 purpose,including inland property ascus,is prohibited except when such work has been 45 specifically authorized as part of a permit issued by the council.The permit applicant shall provide 46 a detailed land survey of the right-of-way and appropriate engineering drawings sufficient to 47 identify the full extent of all proposed work. Permit approval shall be subject to obtaining a grading 48 permit from city staff;and land alterations involving filling and grading shall be performed with only 49 clean fill,and all other permits as may be required by other agencies having jurisdiction. Public 50 rights-of-way so improved shall be maintained by the licensee. 51 (3)Dockage on right-of-way. Installing,maintaining,keeping or using a private dock on any platted 52 public right-of-way for any purpose,including inland property access,is prohibited except when 53 such dock has been specifically authorized as part of a permit or license issued by the council.Net 55 approval or denial of such permit.the council shall consider the width and topography of the right 56 of way,the number of property owners requesting dockage at that location,the plan of the 59 sac#-desk-permit- 110 60 (4)Encroachments prohibited. No private property,buildings,structures,fences.boats,vehicles. 61 dock parts,junk or debris shall be built,stored,parked or kept at any time within any platted public 62 right-of-way,within any platted public park,or on any other property owned by the city except as 63 specifically authorized by a permit or license issued under this section. 64 (5)Permit exceptions. No permit shall be required for any person to walk on or over any platted 65 public right-of-way or any platted public park when such use is made without altering the natural 66 state of the land. No permit shall be required for any person whose property abuts a platted public 67 right-of-way or a platted public park to control weeds or brush,seed,sod, mow or otherwise 68 maintain the right-of-way or park in a neat and presentable manner. Persons whose record lot 69 established by section 78-568 consists of tax parcels divided by platted,unopened public right-of- 70 way may incorporate and use such right-of-way as part of their yard without a permit, provided no 71 permanent structures are erected or maintained within the right-of-way. 72 (6)Public use limited.Any permit issued under this section shall be deemed to open the platted 73 public right-of-way only to the extent necessary as established in the permit,and for the limited 74 use of the permittee and his invitees. 75 (7)Permit limitations.A permit or license issued under this section shall not grant or vest any 76 property rights to use of the public right-of-way or other public property,or in any improvements. 77 Permits or license issued under this section shall be valid for one year,shall be subject to change, 78 alteration or revocation for cause by the council at any time,and shall be automatically renewable 79 on the anniversary of the date of issuance except upon written notice from the city to the permittee 80 or licensee at least 30 days prior to the anniversary date. 221719v1 • 81 (8)Hold harmless.As a condition of issuance of any permit or license,the applicant shall in writing 82 release,indemnify and hold harmless the city from any and all claims or causes of action arising 83 out of the use or alteration of the platted right-of-way by applicant or his invitees. 84 (9)Permit hearing and notice.The planning commission or the council shall hold a public hearing 85 or hearings on each application for a permit as required by section 78-48. • 221719v1 • o g �o To: Chair McCutcheon and Planning Commission Members Adam Edwards, City Administrator y C. From: Jeremy Barnhart,AICP, Community Development <IkESHo°` Director Date: May 16, 2022 Subject: #LA22-000021,City of Orono Text Amendment related to vehicle parking requirements Public Hearing Application Summary: The city of Orono is proposing an ordinance amendment that will more clearly require the parking of vehicles on hard surfaces, asphalt, concrete, class V gravel. Staff Recommendation: Planning Department Staff recommends approval of the draft as written Background Extended parking of vehicles on grassy surfaces, by definition, converts that surface to hardcover: • 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. Emphasis added. In fielding complaints about parking of vehicles in yards, one of the areas of code cited is the unapproved expansion of hardcover. Hardcover in many areas of the city is a valuable commodity, and carefully regulated, both in amount and location. The draft ordinance clarifies that vehicles must be parked on a hard surface, including asphalt, concrete, or class V gravel. This is intended to help residents with understanding of the rule, and also in enforcement situations, should they become necessary. Expansions of hardcover require a permit. Many cities require parking on a hard surface to control the growth of weeds and grasses that are difficult to manage around wheels, bumpers etc. Public Comments To date, no public comments have been received. Issues for Consideration 1. Are there any issues or concerns with this proposal? • FILE#LA22-000021 May 16,2022 Page2of2 Planning Staff Recommendation • Planning Staff recommends approval of the amendment as drafted. List of Exhibits Exhibit A. Draft Ordinance • • LA22-000021 PC ExA 1 • 1 Exterior Storage in R districts 2 Sec 78-1 Hardcover means a hard surface that prevents or retards entry of water into the soil and 3 causes water to run off the surface in greater quantities and at an increased rate of flow than prior 4 to development. Hardcover shall include but not be limited to the following: all building footprints, 5 driveways, sidewalks, stepping stones, retaining walls, patios, courts (sport, tennis, etc.), decks, 6 pools, areas used for the extended outdoor storage of vehicles or equipment, and all other similar 7 features or surfaces as determined by the city engineer or city planner. 8 Sec. 78-1511. -Setbacks for parking. 9 Required off-street parking in all districts shall meet the following setback requirements: 10 (1) R districts. Within all R districts, all vehicles normally owned or kept by the occupants on the 11 premises must have a garage stall or open parking space on the same lot as the principal use 12 served. Garage stalls acce"sory to residential structures may be located anywhere on the lot other 13 14 •_ e ••- -•e _ • ••• -• -- _ _ - _ ••- ubject to this chapter. Hardcover used for 15 parking shall maintain the side and rear setback established for accessory buildings in that district. 16 Open parking spaces on lots must have a location other than a required yard, except that such 17 __ _ - _- _-- -. •• - -- - _ _ ••• -• -- _ _• interior side lot line and to within ten 18 feet of a r ar lot lino. 19 Sec. 78-1577. Exterior storage in R districts. 20 In all R districts,it is the responsibility of the owner of any property,improved or unimproved,to maintain 21 the outdoor areas; including courtyards and the like, of the property and adjacent rights-of-way in a manner that • 22 complies with the following requirements.All recreational vehicles, mobile homes, camping trailers, motor homes, 23 pickup coaches,travel trailers,special mobile equipment,and utility trailers shall meet the requirements of this 24 Code.Additionally, all exterior storage must comply with subdivision(6)of this section. 25 (1) Definitions: 26 a. Blight means a deteriorated condition,something that impairs or destroys. 27 b. Junk means any cast-off,damaged, discarded,junked,obsolete,salvage,scrapped, unusable, 28 worn-out or wrecked object,thing or material composed in whole or in part of asphalt, brick, 29 carbon,cement, plastic, or other synthetic substance,fiber,glass, metal, paper, plaster, plaster of 30 paris, rubber,terra cotta,wool,cotton,cloth,canvas,organic matter or other substance, 31 regardless of perceived market value or requiring reconditioning in order to be used for its 32 original purpose. 33 c. Recreational vehicle. Mobile home and recreational vehicle shall mean and include the following 34 definitions,and shall not include any manufactured housing unit bearing a State of Minnesota 35 manufactured housing seal or certificate,for uses including but not limited to those listed below: 36 1. Camping trailer means a folding structure, mounted on wheels and designed for travel, 37 recreation and vacation uses,also called a pop-up camper. 38 2. Motor home means a portable,temporary dwelling to be used for travel, recreation and 39 vacation,constructed as an integral part of a self-propelled vehicle. Created: 2022-03-25 15:53:38 [EST] (Supp. No.20,Update 1) • Page 1of5 221720v1 40 3. Pickup camper means a structure designed to be mounted on a truck chassis for use as a • 41 temporary dwelling for travel, recreation and vacation. 42 4. Travel trailer means a vehicular,portable structure built on a chassis, designed to be used 43 as a temporary dwelling for travel, recreational and vacation uses, permanently identified 44 as a travel trailer by the manufacturer of the trailer. 45 d. Special mobile equipment means every vehicle not designed or used primarily for the 46 transportation of persons or property and only incidentally operated or moved over a highway, 47 including but not limited to:ditch digging equipment,moving dollies, pump hoists and other well- 48 drilling equipment,street sweeping vehicles, and other machinery such as asphalt spreaders, 49 bituminous mixers, bucket loaders,tractors other than truck-tractors,ditchers, leveling graders, 50 finishing machines, motor graders, road rollers, scarifiers,earth-moving equipment.The term 51 does not include travel trailers,dump trucks,truck-mounted transit mixers,truck-mounted feed 52 grinders,or other motor vehicles designed for the transportation of persons or property to which 53 machinery has been attached. 54 e. Utility trailer means any motorless vehicle,other than a boat trailer or personal watercraft 55 trailer,designed for carrying of snowmobiles, motorcycles,all terrain vehicles,or property on its 56 own structure and for being drawn by a motor vehicle but shall not include boat trailers, a trailer 57 drawn by a truck-tractor semitrailer combination, or an auxiliary axle on a motor vehicle which 58 carries a portion of the weight of the motor vehicle to which it is attached. 59 f. Boat,for the purposes of this article, means any water craft required to be registered or licensed 60 by the state of Minnesota,but excluding canoes, kayaks, paddle boards,or pedal boats. 61 (2) [Parking regulated.]Parking of recreational vehicles, mobile homes and utility trailers shall be 62 regulated as follows: 63 a. It is unlawful for any person to park a mobile home or recreational vehicle upon public property • 64 for human habitation 65 b. It is unlawful for any person to park or store a utility trailer, mobile home, recreational vehicle in 66 any"R"district for more than 24 hours,except in a side or rear yard at least five feet from any 67 property line. 68 c. It is unlawful to use a mobile home or recreational vehicle for human habitation on any private 69 property for more than 72 hours without a permit from the city. 70 (3) Vehicle storage.All vehicles parked or stored on any property within the city shall be operable and 71 currently licensed.All vehicles shall be parked or stored on an approved hard surface, including, but 72 not limited to concrete, asphalt, or gravel. Vehicle, for the purpose of this section, means a device 73 for carrying or conveying persons or property which may be self propelled or may be propelled, 74 drawn, or towed by a self-propelled vehicle. Vehicle shall not include bicycles. 75 The parking of vehicles,other than recreational vehicles, in"R"districts is regulated as follows: 76 a. Parking of vehicles other than recreational vehicles,with a maximum gross vehicle weight(GVW) 77 of 14,000 pounds or less is allowed in all "R"districts. 78 b. Parking of vehicles in"R"districts in excess of 14,000 pounds GVW has the potential to create 79 negative impacts on the surrounding neighborhood.These impacts may include noise(from 80 operation as well as maintenance of vehicle);vibration;glare;odors;soil/water contamination 81 (from dripping,washing, etc.); hazards to pedestrians by way of proximity, especially on private Created: 2022-03-25 15:53:38 [EST] (Supp. No.20,Update 1) Page2of5 • 221720v1 • 82 roads;wear and tear on local or private roads; propensity to offload remaining cargo on site at 83 end of day;and visual incompatibility with the character of a neighborhood.Such use may be 84 acceptable under certain conditions in zoning districts where lot areas are generally two acres or 85 larger.Therefore, parking of such vehicles requires each of the following conditions be met: 86 1. Property owner must be vehicle owner or operator. 87 2. Vehicle must be set back 50 feet from property lines. 88 3. Vehicle must not be visible from neighboring properties and public streets;vegetative 89 screening is preferred. 90 4. Maintenance of said vehicle shall occur within an enclosed building. 91 5. The vehicle shall not constitute a nuisance at any time. 92 6. In a shared driveway situation,the applicant shall demonstrate that the appropriate 93 easement exists. 94 7. Minimum lot size of five acres. For any property at least two acres but less than five acres 95 in area,where it can be shown that prior to the effective date of this section such a vehicle 96 was previously stored on a regular basis prior to and after January 1,2004,a vehicle 97 storage permit may be granted if the above conditions a.through f.are met,subject also to 98 the following limitations: 99 i. A vehicle storage permit may only be issued for properties within the RR-1B, 100 RR-1A, and LR-1A zoning districts. 101 ii. Such permit shall be granted only to the current property owner and only for 102 the specific vehicle applied for.The current owner may replace the vehicle in • 103 kind, but shall not add other such vehicles.Any replacement vehicle must be 104 registered with the city within 30 days to transfer its permitted status. 105 iii. This permit shall not apply to subsequent property owners,subsequent 106 property owners shall not be considered as having a grandfathered permit by 107 virtue of their predecessor's permit. 108 iv. This permit shall automatically and permanently expire if the vehicle storage is 109 voluntarily discontinued for a period of one year. 110 (4) [Storage of boats and boat trailers.]Boats, unoccupied boat trailers,and boats on trailers shall be 111 subject to the following storage requirements when not stored for commercial purposes: 112 a. Licensing, operability and restorations.All boats stored outside on a residential property shall be 113 currently licensed to the owner or occupant of the property.All boats stored on a property shall 114 be in operable condition. For the purposes of this section, Inoperable condition shall mean a boat 115 lacking parts essential to operation, including but not limited to motor, propeller, battery;or 116 having the interior, including the driver's position, used for storage in such a manner that no 117 person can operate the vehicle. 118 b. Principal residence required. No boat shall be stored on a property or on a group of contiguous 119 commonly owned properties that does not contain a principle residence structure. 120 c. Required setbacks. Boats,including trailered boats,and unoccupied boat trailers may be stored in 121 any yard, provided that a five feet setback is provided. Created: 2022-03-25 15:53:38 [EST] (Supp. No.20,Update 1) • Page 3 of 5 221720v1 122 d. Screening.Screening is not required for outside boat storage when in conformance with this • 123 section. If boats are shrink wrapped,white is the preferred color but is not mandatory. 124 e. Dispute resolution. Complaints regarding boats stored in lakeshore yards and potentially 125 impacting a neighbor's views of the lake will be referred to a dispute resolution committee, 126 consisting of the planning director,the building official,and a member of the planning and zoning 127 staff. 128 (5) [Prohibited parking or storage.]Outdoor parking or storage of special mobile equipment as defined in 129 this section shall be prohibited in any"R"district. 130 (6) Prohibited material storage.Any violation of this section is subject to abatement upon seven days' 131 written notice to the owner of private premises on which such material is found or any conditions in 132 violation of this code section exist.The owner of the property will be determined as shown by the 133 records of the office of the county recorder.The city may remove such matter or correct any 134 conditions in violation, and certify the cost of such removals or corrections as any other special 135 assessment.Additionally,the city may also seek injunctive relief for violation of this section.Owners of 136 private property shall remove and keep removed from all exterior areas of all residential properties the 137 following items: 138 a. Pest harborage.All exterior property shall be free from rodent harborage and infestation. Boxes, 139 lumber,scrap metal,and similar materials shall not be allowed to accumulate outside a structure 140 in a manner that attracts an infestation of pests. Materials permitted and approved for exterior 141 storage shall be neatly stacked. 142 b. Trash and debris. 143 1. All household garbage,offal, dead animals,animal and human waste,and waste materials. 144 2. Accumulations of litter,glass,scrap materials(such as wood,metal, paper,and plastics), • 145 junk, combustible materials,stagnant water,plastic bags or trash. 146 3. Accumulations of clothing and any other items not designed for outdoor storage. 147 c. Non-trash items. 148 1. Accumulations of wood pallets. 149 2. Accumulations of vehicle parts or tires. 150 3. All construction and building materials unless such materials are being used at the time in 151 the construction of a building, in which case such construction must be permitted and on a 152 continuous, uninterrupted basis. 153 4. All appliances or appliance parts. 154 5. All indoor or upholstered furniture of a type or material which is deteriorated by exposure 155 to outdoor elements. 156 6. All recycling materials except for reasonable accumulations,amounts consistent with a 157 policy of regular removal,which are stored in a well-maintained manner according to 158 Chapter 50 and Chapter 54. 159 7. All other non-trash items which: 160 (i) Are of a type or quantity inconsistent with normal and usual use; or Created: 2022-03-25 15:53:38 [EST] (Supp.No.20,Update 1) Page 4 of 5 • 221720v1 • 161 (ii) Are of a type or quantity inconsistent with the intended use of the property;or 162 (iii) Are likely to obstruct or impede the necessary passage of fire or other 163 emergency personnel. 164 d. Fertilizer and burial of waste. No person shall leave,deposit,or cause to be placed on any private 165 ground any garbage,sewage,waste,debris,carcass,or other substance or matter which is 166 offensive or unhealthy by decomposition unless the same be buried at least three(3)feet under 167 the surface of the ground; provided,that the use of manure and phosphorous free fertilizer in 168 the normal course for agriculture or horticulture is permitted. 169 (Code 1984, § 10.60(13);Ord. No.206 2nd series, §1,9-10-2001;Ord. No.4 3rd series,§2, 11-11-2003; Ord. No. 170 21 3rd series,§ 1, 11-8-2004; Ord. No.29 3rd series, §§1-3, 10-24-2005;Ord. No.256 3rd series, §1,5-10-2021) • Created: 2022-03-25 15:53:38 [EST] (Supp. No.20,Update 1) • Page 5 of 5 221720v1 *;/-11E,#„..\To: Chair McCutcheon and Planning Commission Members Adam Edwards, City Administrator y • From: Jeremy Barnhart,AICP, Community Development 'CFSHO'CL(s. Director Date: May 16, 2022 Subject: #LA22-000022, City of Orono Text Amendment related to vegetative removal in the lake yard Public Hearing Application Summary: The city of Orono is proposing an ordinance amendment that will allow for the removal of diseased or hazardous trees in the lake yard. Staff Recommendation: Planning Department Staff recommends approval of the draft as written. Background The City's Shoreland regulations (Section 78-1285) require a permit to remove live trees within 75 feet of the shoreline,or within the bluff impact zone. Live trees removed require • replacement at a ratio established by ordinance, 1 inch per inch of tree diameter removed,for trees less than 36 inches in diameter, or 0.5 inch per of tree diameter removed for trees larger than 36 inches. There is currently no charge for tree removal permits. The important distinction in this regulation is "live"trees. The code does not require a permit for,or replacement of dead trees, regardless of size. In certain situations, it may be advantageous for a property owner to remove a diseased tree, or a tree that is determined to be hazardous, before the tree is considered "dead". The draft ordinance allows for the removal (but not replacement) of dead, diseased, or those posing safety hazards, in the written opinion of a certified arborist. Public Comments To date, no public comments have been received. Issues for Consideration 1. Should trees that are diseased or hazardous be replaced? If so, at what ratio? Planning Staff Recommendation Planning Staff recommends approval of the amendment as drafted. List of Exhibits Exhibit A. Draft Ordinance • LA22-000022 PC Ex A • 1 Code of Ordinances/Title VI - LAND USE Chapter 78-ZONING REGULATIONS/ARTICLE IX. - 2 SHORELAND MANAGEMENT/ DIVISION 3. -SHORELAND OVERLAY DISTRICT 3 STANDARDS 4 Sec. 78-1285. Vegetation alterations. 5 (a) No Give tree within 75 feet of the shoreline of public waters identified in section 78-1217, or within the bluff 6 impact zone with a diameter of six inches or more(or 19 inches in circumference or greater)measured three 7 feet above the ground may be removed without first obtaining a permit from the city staff. 8 Live trees removed within 75 feet of the shoreline,shall be replaced based in the following manner: 9 (1) Trees less than 36 inches in diameter 1 inch of replacement tree per inch of tree diameter removed. 10 (2) Trees greater than 36 inches in diameter,1/2 inch of replacement tree per diameter inch of tree 11 removed_ 12 (3) Replacement trees shall be at least 1.5 inches in diameter,and of a type approved by the city. Removal 13 of trees that are dead shall not require a permit, but such trees must be inspected by city staff prior to 14 their removal. 15 (4)XX-The replacement provisions in this subsection are not applicable to the removal of trees that are dead, 16 diseased, or pose safety hazards, in the written optinion of a certified arborist. 17 18 (b) Intensive vegetation clearing within 75 feet of the shoreline of public waters identified in section 78-1217,on 19 steep slopes or within the bluff impact zone within the Shoreland Overlay District is prohibited. Limited 20 clearing of shrubs and trees less than six inches in diameter and cutting, pruning and trimming of trees of any410 21 size is allowed to provide a view to the water from the principal dwelling site and to accommodate the 22 placement of permitted stairways and landings, picnic areas, access paths, beach and watercraft access 23 areas,and permitted lockboxes, provided that the screening of structures,vehicles or other facilities as 24 viewed from the water,assuming summer,leaf-on conditions, is not substantially reduced. 25 (Ord. No. 101 2nd series, § 1(10.56(16)(1)),2-24-1992; Ord. No. 127 2nd series,§7,7-11-1994; Ord. No. 178 3rd 26 series, §14, 10-10-2016;Ord. No. 243 3rd series, §2,4-13-2020) 27 28 29 Alternative text: 30 XX Dead, diseased,or trees deemed hazardous by a certified arborist removed shall be replaced at a ratio of one 31 tree per tree removed, regardless of size. The replacement tree shall be replanted at the same lake setback of the 32 removed tree. 33 Replacement trees shall be at least 1.5 inches in diameter, and of a type approved by the city. 34 35 Created: 2022-03-25 15:53:36 [EST] (Supp.No.20,Update 1) Page 1 of 1 • 221716v1