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Home My WebLink About07-18-2022 Planning Commission Packet Q Agenda Planning Commission Meeting Monday,July 18, 2022, 6:00 P.M. 1� G: Orono Council Chambers, 2780 Kelley Parkway, Orono,MN 55356 `�kESHo�8' 952-249-4600/www.ci.orono.mn.us Audience Members: Memos regarding each of the Agenda items are available on the City website (www.ci.orono.mn.us) in Agendas Minutes & Videos and in the Public Packet—located in the lobby near the entrance. Applicants will be asked to move to the lectern to answer questions after staff presents the application. The Planning Commission is an advisory body to the City Council. If action is taken on any items on this agenda, they will be scheduled for an upcoming City Council meeting. A quorum of the City Council may be in attendance of a Planning Commission meeting to hear comments made, though no action or deliberation of the Council will occur. Council Representative: Dennis Walsh Pledge of Allegiance Approval of Agenda Approval of Minutes: June 21, 2022 Public Hearings: 1. LA22-000034 Concept Landscaping, 1350 Rest Point Circle requests variance for lakeyard setbacks to replace failing retaining walls and the lake access stair system. (Staff: Melanie Curtis) 2. LA22-000035 Alexander Design Group, 2659 Casco Point Road, requests variances for hardcover, lot area and lot width in conjunction with redevelopment of the property. (Staff: Melanie Curtis) 3. LA22-000038 Dennis Walsh, 1354 Rest Point Circle, requests variance for lakeyard setbacks to replace failing retaining walls and the lake access stair system. (Staff: Laura Oakden) Other Business: 4. Update on July 11, 2022 City Council meeting Adjourn Planning Commission Liaison to Monday, August 8, 2022 City Council meeting: Chris Bollis Sign up for email notifications at www.ci.orono.mn.us—follow links for Stay Connected & Email Notification MINUTES OF THE ORONO PLANNING COMMISSION Tuesday,June 21,2022 6:00 o'clock p.m. ROLL CALL The Orono Planning Commission met on the above-mentioned date with the following members present: Chair Mark McCutcheon,Commissioners Chris Bollis,Dennis Libby, Jon Ressler, Scott Kirchner and Bob Erickson.Commissioner Matt Gettman was absent.Representing Staff were City Planner Melanie Curtis and City Planner Laura Oakden. Chair McCutcheon called the meeting to order at 6:00 p.m., followed by the Pledge of Allegiance. APPROVAL OF AGENDA Erickson moved,Kirchner seconded,to approve the Agenda.VOTE: Ayes 6,Nays 0. APPROVAL OF PLANNING COMMISSION MEETING MINUTES OF MAY 16,2022 Libby moved,Bollis seconded,to approve the minutes of the Orono Planning Commission meeting of May 16,2022.VOTE: Ayes 6,Nays 0. PUBLIC HEARINGS 1. LA22-000024 SHARRATT DESIGN,3350 FOX STREET,REQUESTS A CONDITIONAL USE PERMIT FOR A GUEST HOUSE USE.(STAFF: MELANIE CURTIS) Mike Sharratt,Applicant,was present. City Planner Curtis gave a presentation on the item,stating 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 and the minimum required for a guest house is 4 acres,a conditional use permit(CUP)is required,the existing 1,300 square foot building is conforming with respect to size and location. Staff recommends approval of the CUP conditioned upon the property owners' agreement to the standard guest house covenants assuring it will not be used for a home occupation,rented,or leased. Staff further recommends an additional condition of approval that the existing 5 bedroom septic system be upgraded appropriately to serve the number of bedrooms in the guest house. Ressler asked if the City changed something regarding guest houses. Curtis replied in the negative,noting nothing has happened yet which is why they need a CUP. Mike Sharratt,464 2°d Street in Excelsior, is the architect and noted it is pretty straightforward,simply adding 1/2 story to the top of the existing garage to create guest quarters. Chair McCutcheon opened the public hearing at 7:05 p.m.There were no public comments. Chair McCutcheon closed the public hearing at 7:05 p.m. Ressler moved,Libby seconded,to approve LA22-000024,3350 Fox Street,Conditional Use Permit for a Guest House Use,as applied with Staff recommendations.VOTE: Ayes: 6,Nays 0. Page 1 of 9 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday,June 21,2022 6:00 o'clock p.m. 2. LA22-000026 AL AZAD, 165 BEDERWOOD DRIVE,REQUESTS FRONT AND SIDE YARD SETBACK VARIANCES FOR A GARAGE ADDITION.(STAFF: MELANIE CURTIS) Al Azad,Applicant,was present. City Planner Curtis gave a presentation on the item,noting in 2021 the Applicant received variances in order to redevelop the property. However,due to high material and labor costs,they have adjusted their plans. The Applicant is now requesting variances from the front 50 foot setback and side setback in order to construct a garage addition in line with the existing home's interior layout.The side property line abuts Luce Line right-of-way which extends into the property approximately 7.5 feet.The existing home is set 7.3 feet from this right-of-way encroachment line and 14.9 feet from the property line.The addition will encroach into the railroad easement by 3.1 feet creating a setback of 4.4 feet from the northern property line where a 10 foot setback is required. Staff finds the zoning district requirements,the existing lot size and width,and the unique configuration of the property having no actual road frontage create practical difficulties. The existing detached garage is constructed right up to this property line within the railroad easement and the new garage is shown within the existing garage foot print.The DNR has received a copy of the Applicant's plans and Staff is awaiting their feedback on this application. Staff recommends approval. Curtis noted the Applicant should use care in improving the existing driveway to connect the new driveway assuring the improved driveway area remains within the established driveway easement shown on the survey.Feedback from the DNR will be provided to the City Council along with the Planning Commission's recommendation at the July 11,2022 meeting. Ressler noted it is currently encroaching on a railroad easement and typically they are not supportive of going into easements,yet Staff recommends approval. Curtis replied Staff approval is based on the existing garage and the improved setback the new garage addition will provide from the property line. Erickson stated an easement is not the same as a setback. Rather an easement is something granted from one property owner to another and in this case it is a State trail administered by the DNR.They are the beneficiaries of that easement and from a jurisdictional standpoint Erickson questions the City's ability to approve something that conflicts with State property. Curtis replied that is the reason at this time Staff recommends approval pending feedback from the DNR. She spoke with the Parks and Trails Supervisor earlier in the day that was going to review the plans and provide feedback which has not yet been received.In the conversation,the Supervisor indicated the way the DNR addresses building encroachments within their building areas is to issue a lease to the property to allow that use. Erickson thinks it is important for the City to have some consistency and there have been other Applicants with encroachments in the Luce Line.He believes they required them to remove any encroachments on the easement,and spoke about an application regarding a shed.Another concern is looking at the plan there is an 8 foot space between the garage and the house,it seems if they put the garage right up against the house that would take care of the 3 foot encroachment. Curtis thinks there are some windows the owners are trying to preserve on that side of the home. She believes the shed encroachment Erickson is talking about was actually a Dakota Rail improvement which Page 2 of 9 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday,June 21,2022 6:00 o'clock p.m. is Hennepin County governed so the City defers to the County to proceed with a removal if they so choose. Al Azad, 165 Bederwood Drive, said the garage is not in good shape and they are trying to rebuild it where it was as the property was built in 1946. Chair McCutcheon asked Mr.Azad if he would consider moving the garage closer to the existing home. Mr.Azad replied yes,they might be open to that.He also called the DNR and has not heard back from them. Chair McCutcheon opened the public hearing at 7:19 p.m.There were no public comments. Chair McCutcheon closed the public hearing at 7:19 p.m. Bollis would like to see the garage out of the easement but if the DNR is okay with it,he would also be fine with it as it is making the situation better. He would be willing to vote yes pending DNR approval. Kirchner stated this is not something he can support for many of the reasons Erickson noted regarding encroachments and easements.Even with DNR approval he does not believe it is a good practice as a Commission to approve projects that create an encroachment. He cannot support the item. Ressler said similar to lake yards that have tight setbacks where one is able to rebuild like-kind,the City prefers to improve those positions and he is seeing that here.He recognizes Kirchner's points that this is an easement so it is not quite that simple.However,Ressler follows Bollis in recommending approval contingent upon DNR providing their blessing. Libby cannot comfortably support this having experience with proprietary real property asset ownership of both the DNR and Dakota Rail.He has seen decisions go either way(not at a City level)but it would appear that the Dakota right-of-way encroachment into railroad property is more DNR park land;he noted they have categorically denied,refuted,refused, and actually caused loss of historic buildings and accoutrements because there is a standing policy in their legal department that they will not allow it. If this is truly real property asset owned and controlled with a decision made by the DNR,there is still another governing authority that will have to decide.From past experience he cannot support this application as it is an encroachment,whether it is historic or"grandfathered"in. Curtis asked for clarification from the Commission: if the encroachment into the easement is not acceptable,they still have a10 foot setback from the side and for the Applicant's sake she'd like to know whether the Commission is supportive of that encroachment. Kirchner stated he would be fine with the setback,however he has an issue with the encroachment. Bollis and Ressler agreed. Chair McCutcheon thinks there is an opportunity to change the design and not be inside the encroachment which would be more likely to be approved. Page 3 of 9 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday,June 21,2022 6:00 o'clock p.m. Kirchner moved to deny LA22-000026, 165 Bederwood Drive,Requests Front and Side Yard Setback Variances for a Garage Addition as applied. Ressler clarified his position that he is in support of the application as applied for the merits mentioned. He is in support of a"lesser version"of this.He appreciates Staff clarifying they seem to have majority support for everything except the encroachment onto the easement.He feels even if denied that feedback should carry some weight to the City Council. Erickson seconded.VOTE: Ayes: 5,Nays 1 (Bollis). 3. LA22-000028 PETER ESKUCHE WITH ESKUCHE DESIGN,2605 NORTH SHORE DRIVE,REQUESTS VARIANCES FOR BUILDING,HARDCOVER,AND RETAINING WALLS WITHIN THE 75' LAKESHORE,SIDE YARD,WETLAND BUFFER,AND LOT AREA IN ORDER TO CONSTRUCT A NEW HOME. (STAFF: LAURA OAKDEN). Peter Eskuche,Applicant,was present. City Planner Oakden gave a presentation on the item, stating this is a project for a new home with a request to demolish the existing home and rebuild. She gave background on the surveys noting the site is unique because Lake Minnetonka is on the south side but is also present on the side,along with a pond and inlet which creates quite a large 75 foot setback. The new house will be a building,hardcover, and retaining walls within the 75 foot setback variance requested, sideyard variance request, lot area variance request,and a wetland setback request. Staff recommends approval of the proposed variances associated with the construction of the new home; Staff does not support the wetland setback variance as it pertains to an entrance monument proposed location.The existing structure is 18 feet from Lake Minnetonka at the closest point on the lake yard and 50 feet on the inlet side/sideyard.The Applicant is proposing a new home further back from the lakeshore at 36.5 feet from the lake and 53 feet from the inlet.The proposal includes the removal of hardcover on the west and south side of the property and to minimize the inlet encroachment the Applicant is proposing to push the house closer to the shared property line on the east. The Applicant has worked to design the home to try to improve current setbacks and maintain some of the same footprint of the existing home.Minnehaha Creek Watershed was contacted and they require a low floor opening of 933.5 which was shared with the Applicant.Oakden stated the property currently has entrance monuments which could be maintained;the new location of the entrance monuments are roughly 5 feet from delineated wetland where 25 feet is required. Staff finds the inlet is a practical difficulty supporting the variance and notes the Applicant is working to improve the site by building within the existing foot print and moving the house away from the existing setbacks,and reducing the overall hardcover. Staff finds the wetland buffer variance to allow for the monuments is a convenience and not necessary for use of the property and does not support that variance. She has included a variance request from 2019 that has since expired.The Applicant submitted two neighboring signatures with acknowledgement and those are also included in the packet. Staff recommends approval for the proposed variances for hardcover,building,retaining wall,and the 75 foot lake yard, 75 foot setback, sideyard setback,and lot area. Staff recommends denial for the proposed setback for the new entrance monuments as practical difficulty standards were not met. Ressler asked if there is a survey identifying the existing monument. Oakden replied the red indicates the existing monument and the blue is the new proposed monuments. Page 4 of 9 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday,June 21,2022 6:00 o'clock p.m. Ressler asked if Staff would support the monuments being rebuilt in the current location. Oakden replied home owners are allowed to maintain what they already have and if they wanted to rebuild the existing monuments in-kind or smaller that would be done with a building permit.Any new expansion would trigger the need for variances. Peter Eskuche, 18318 Minnetonka Boulevard,Deephaven,noted they received previous approval of the project on a bigger scale and have since reduced the project.He stated French Creek which runs through the property is the biggest practical difficulty. Regarding the monuments,he noted they are six feet square and they are proposing to remove that which would improve the hardcover around the wetland,as well as increase the distance from the busy road. The main reason they want to spread them out is because it is quite scary to back up onto North Shore Drive so these would be a bit further from the road.Mr.Eskuche could repair the existing monuments but because those were so much bigger,they thought this would be an improvement. Chair McCutcheon clarified it is more of a safety issue in trying to see around the monuments. Mr.Eskuche replied in the affirmative,noting one can barely pull in and still touch the numbers on the gate.Delivery trucks are longer than his car and one feels very unsafe with no choice but to back out onto the highway. This is the reason they are proposing the monuments. Kirchner clarified the existing monuments are 6x6 feet and the proposed new monuments are 2x2feet. Mr. Eskuche replied in the affirmative. Kirchner asked Staff if the Applicants could rebuild where the existing monuments are at 2x2 feet and push to the back"wall"of the existing 6 foot monument to gain 4 feet? Ms. Oakden replied the Applicant could not do that without a variance.They could maintain the current concrete pad and pillar;she noted the City is very literal with in-kind replacement and moving the pillars even two inches upon the existing concrete pad would trigger a variance as it is new massing where no massing exists today. Ressler asked if Staff would recommend approval of the variance applied in that way. Ms. Oakden noted entrance monuments are an accessory use and are not necessary to the principal use of the lot,they have been consistently interpreted as accessory use variances and it is challenging to meet those practical difficulty standards. She does not believe Staff would support a variance to most accessory use expansions which is the hard interpretation of the City Code. Chair McCutcheon opened the public hearing at 7:41 p.m.There were no public comments. Chair McCutcheon closed the public hearing at 7:41 p.m. Erickson noted the plan was to have an entrance at the 925.7 elevation which is currently well below the lake level.He also checked the history of lake levels and many times the lake level has been around 930.5.He is glad the Staff report notes this will be contingent upon watershed district approval and they can be assured the watershed district will not approve an entrance that is underwater. Based on his early Page 5 of 9 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday,June 21,2022 6:00 o'clock p.m. experience in an older lakeshore home,the basement floor was a few feet below the lake level with a sump pump that constantly ran and a basement underwater when the power went out. Oakden clarified the elevations,noting the low floor regulation the City has adopted would put the minimum lowest floor at the 932.5 which the Applicant is meeting. The watershed has an additional low opening level at the 933.5 which was communicated to the Applicant.This is a note in the Staff memo regarding that issue. Bollis sees almost every situation getting better which is nice.He is generally in favor and understands the Applicant's idea behind the entry monument and also understands how the Code is written regarding rebuilding in-kind. Ressler can get comfortable with rebuilding the gate so long as the occupied space does not exceed the space the existing gate occupies. If it is becoming smaller that is even better.He noted they must follow the way the rules are written right now but he would be supportive of the gate if it occupies some or all of the space already there, such as the pad. Kirchner and McCutcheon agreed. Libby agrees with Staff.He does see serious improvement to the traffic problem if they received allowance regarding the wetland and moving the monuments away from the thoroughfare. Ressler stated it might be something for the Applicant to consider in raising the driveway so it is more flat and helps the elevation. The Commissioners discussed the monuments, location,and safety. Bollis moved to approve LA22-000028,2605 North Shore Drive,Variance requests per Staff recommendations.He commented that he would be supportive of the monuments moving on the same foundation they are currently on. Libby seconded.VOTE:Ayes: 5,Nays 1(Erickson). 4. LA22-000029 JOHN PETERSON,2880 FOX STREET,REQUESTS A HEIGHT VARIANCE FOR AN ACCESSORY BUILDING TO EXCEED THE HEIGHT OF THE HOME ON THE PROPERTY.(STAFF: MELANIE CURTIS) John Peterson,Applicant,was present. City Planner Curtis gave a presentation on the item,noting the Applicant applied for a building permit to construct a 40x24 pole building which had a proposed peak height of approximately 17 feet and defined height of 15 feet. The existing home is a one story rambler with a peak height of approximately 16 feet and defined height estimated at 12 feet. Code states the maximum building height for all buildings is 30 feet defined height and further stipulates that accessory buildings not exceed the height of the principal building. The proposed building will be well below the 30 foot height but is limited by the height of their one story home.The building will be in the back of the home and approximately 10 feet lower than the front of the home. Reducing the height of the building significantly reduces the building's functionality for their use,therefore they have applied for a variance noting the height of the home as practical Page 6 of 9 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday,June 21,2022 6:00 o'clock p.m. difficulty. Staff finds the existing home to be the limiting factor and recommends denial lacking practical difficulty. John Peterson,2880 Fox Street,noted the front of the home is one story and the back it is a walkout with two stories.He noted the defined height in Orono is hard in this situation. Libby asked about the need for the higher-than-average height. Mr.Peterson replied it is mostly for a wood shop the extra height would be for dust collection,ventilation ductwork,and perhaps eventually a car lift. Libby noted City Council has been very consistent on these building heights and Mr. Peterson might be well-served to modify the plan. Mr.Peterson replied there is a third design if this one fails and he has also thought about adding on to the back of the garage,however he does not know what that would cost. Chair McCutcheon opened the public hearing at 8:14 p.m.There were no public comments. Chair McCutcheon closed the public hearing at 8:14 p.m. Kirchner's biggest hang up is the identified practical difficulty,that the primary structure is causing an issue to an accessory structure. He does not see that as a practical difficulty. Bollis does not know but would guess the intent of the ordinance is that if one is looking at a flat piece of property they do not want an accessory building towering over it. He noted this will be 10 feet lower than the house and he can see the practical difficulty in that the shed will not be able to be used for the specific use as it must be"shorter"than normal.Bollis thinks it meets the intent of the Code but reiterated he was not here to write the Code. Ressler said,having been in the seat of an Applicant, Staff recommendations carry a lot of weight and following them gives the best likelihood to succeed.His feedback is that demonstrating improvements to situations have been a good example, even tonight. In situations like these,he will always go to the recommendations of Staff as a default because they are far more qualified than he is. Libby commented that denial is based on practical difficulty and it has not been established. Erickson agrees with Staff recommendation for denial due to lack of practical difficulty. Ressler thinks the language in the ordinance is intended to not allow a massive accessory building that towers over the principal residence;however,that is not what this application is as it is downgrade from the principal structure. On a larger scale,he asked if Staff would be interested in exploring how that ordinance is written in the future. Chair McCutcheon would be in favor of looking at a modification to the ordinance. Kirchner moved,Ressler seconded,to deny LA22-000029 2880 Fox Street,Variance request. Page 7 of 9 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday,June 21,2022 6:00 o'clock p.m. Libby clarified with the denial,the Applicant can modify the plan and bring those plans to the City Council. VOTE: Ayes: 6,Nays 0. OTHER BUSINESS 5. LA22-000027 AMY SWANSON,4025 WATERTOWN ROAD, SUB-SKETCH PLAN. (STAFF: LAURA OAKDEN) Brian and Amy Swanson,Applicants,were present. City Planner Oakden gave a presentation on the item,noting the Applicant is requesting a sketch plan review on a proposed subdivision that would divide a parcel into a front lot/back lot subdivision. Planning Staff recommends non-binding feedback; Staff does not support the lot split as proposed bevause a non- conforming lot would be created inconsistent with the Zoning Code and Comprehensive Plan.The Applicant is proposing to split the parcel with an existing home and a creek on the property being the lot line.The Applicant would be proposing a 240 foot front lot width where 300 feet is required and 3.65 acres where 5 acres is required per the zoning district.Each lot would have its own septic and well and use of the property is anticipated as single-family residential.Oakden noted potential wetland areas are on the property. Brian Swanson,4025 Watertown Road,stated with the crazy housing market they picture the narrow yet deep property and envision four sections:the first is the area they are proposing to break off,the pine area,the yard and existing home,and a wetland area.They could potentially add some acreage by the property line cutting across the creek rather than dividing the creek although it would still fall short of the five acre minimum. He noted moving the five acres would steal the septic tank from the current house. Mr. Swanson stated they have a second septic site approved for the current property and a primary with two alternates approved for the proposed split.He stated they have not done a wetland delineation yet as they wanted to come to the City first for feedback. Chair McCutcheon noted it is very tough for the City to open a non-conforming lot.He asked Mr. Swanson if they did five acres would it cut into the primary structure? Mr. Swanson replied it would not cut into the house but would cut into the mobile yard and would take the septic tank. Libby noted a wetland delineation manifests a lot more outcome and there is only a limited time to do this. He understands it is a budgetary thing. Mr. Swanson asked if they can prove the wetlands are here and there are two acres of buildable,would that be worth going down the road further? Bollis cannot think of a time the Commission has approved a substandard lot with width and area on a brand-new subdivision and he would not be in support of that. Libby asked if the Applicant has utilized any Hennepin County or federal wetland maps. Page 8 of 9 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday,June 21,2022 6:00 o'clock p.m. Mr. Swanson replied they did use some of the Hennepin County measuring tools but he has not seen any of the federal overlays. Oakden clarified this is not a public hearing as listed on the Agenda but rather should be listed under Other Business for feedback. Bollis asked Oakden about the required lot depth. Oakden replied she does not know if there is a required lot depth for the front lot but there is one called out for the back lot at the 150%. Staff looks for the dry envelope,two acres dry contiguous,and in this zoning district they have 100 foot front and rear setbacks which will be limiting when dealing with a narrow lot. McCutcheon noted for the Applicant that the Commissioners are trying to brainstorm ways to put a driveway where they could actually split it and change the definition of"front." He told the Applicants the City would want a five acre minimum and adherence to the 300 foot front yard. Oakden clarified in septic areas they require 2 acres of dry buildable so wetlands do not count towards acreage;on this lot they could essentially have 3 acres of wetland with 2 acres dry contiguous and five acres total for the lot size. Ressler noted the issue now is zoning and that is what the Commissioners must follow. Libby noted they have had quite a few cases before them where the guidelines they must use are very finite and can be strict. 6. UPDATE ON JUNE 13,2022 CITY COUNCIL MEETING Oakden shared Jeremy Barnhart has resigned as Community Development Director and moved on to Eden Prairie. She will be acting in the interim and Ms.Curtis is also available if the Commissioners have questions. She updated on the June 13 Council meeting noting most were text amendments approved on the Consent Agenda. ADJOURNMENT Kirchner moved,Bollis seconded,to adjourn the Planning Commission Meeting.VOTE: Ayes 6, Nays 0. The Orono Planning Commission meeting adjourned at 7:56 p.m. ATTEST: Mark McCut., eon,Chair Page 9 of 9 • Date Application Received: 06/22/2022 O�j Date Application Considered as Complete:06/23/2022 "WAT VO 60-Day Review Period Expires: 08/22/2022 • To: Chair McCutcheon and Planning Commission Members ,4' Adam Edwards, City Administrator ICE sHOr-‘C. From: Melanie Curtis, Planner I'YGG Date: 18 July 2022 Subject: #LA22-000034,Concept Landscaping o/b/o Deborah Jordan, 1350 Rest Point Circle Variance Public Hearing Application Summary: The applicant is requesting approval of lake setback variances in order to reconstruct a retaining wall and stair system in the lake yard with different wall materials. Staff Recommendation: Planning Department Staff recommends approval. Background The subject property has an existing, aging timber wall and stair system that is exhibiting signs of • failure.They have provided an engineered report for the wall construction.They plan to reconstruct all of the walls,stairs, and decks in kind. Due to the change in wall materials from timber with an approximate footprint of 6-inches to a modular block material (Anchor Diamond Pro)which will have a slightly larger footprint approximate footprint of 11-inches, a setback variance is required. Practical Difficulties Analysis Applicant Submittal Information:The applicant has identified the failing retaining wall and protection of the hillside as practical difficulties supporting the requested variance.Additionally, they have provided supporting documentation regarding Practical Difficulties attached as Exhibit B, and should be asked for additional testimony regarding the application. Planning Staff Practical Difficulty Analysis: Regarding practical difficulty,Staff finds the existing conditions of the retaining walls and the hillside are practical difficulties which support the variance request.The new retaining walls would support and protect the slope. LOT ANALYSIS WORKSHEET Section 78-1279—Setbacks: The existing retaining walls are tiered and support the hillside of the property. The configuration allows for the existing lake access stairs with deck platforms.The bottom wall is located approximately 6 feet from the OHWL. The proposed retaining wall repair will be located one foot in front of the existing wall creating an estimated 5 foot setback from the lake. In addition • to the size of the block being used,there will be a batter which will further increase the footprint of the walls.The batter of a wall is the angle of the front face of the wall as compared FILE#LA22-000034 18 July 2022 Page 2 of 4 • to a vertical straight line starting at the toe of the slope. Walls that are straight faced (i.e. have no batter or setback), cannot be built as high as walls that have a batter. Based on the wall design specifications,the installation will include batter of a 1 inch setback for each wall course. No retaining walls are permitted within the 75 foot lakeshore setback. Section 78-1680 and 78-1700—Hardcover Calculations: Retaining walls are exempt from hardcover totals for the property. Retaining walls are excluded from the hardcover calculations. Applicable Regulations: Lake Setback Variance(Section 78-1279) Retaining walls are not permitted within 75' of the lake, in order to replace the existing wall system,with a slightly expanded footprint a setback variance has been requested. Governing Regulation:Variance(Section 78-123) In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties • also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. §216C.06, subd. 14,when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located.The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. According to MN §462.357 Subd. 6(2)variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance. Preserving and protecting the existing lake yard slope is in harmony with the intent of the ordinance.The proposed retaining walls will be screened with vegetation to maintain the rural nature of the lake wherever feasible. 2. The variance is consistent with the comprehensive plan.The proposed retaining walls will continue to maintain the integrity of the slope and protect the slope from catastrophic failure which protects the lake.The proposal 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 owner proposes to install retaining wall improvements which are residential in nature and reasonable from a residential scope. b. There are circumstances unique to the property not created by the landowner; The owner has proposed retaining walls to protect against failure of the slope. II/ FILE#LA22-000034 18 July 2022 Page 3 of 4 • The existing slope of the lake yard was not the result of actions by the owner; and c. The variance will not alter the essential character of the locality. There are existing retaining walls in the lake yard.The variance to permit the expanded retaining wall structure within the 75-foot lake setback will help to maintain the existing slope and character of the area. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination. 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems.Variances shall be granted for earth-sheltered construction as 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 residential improvements are permitted to support a residential use in the LR-1B District. 7. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling.This condition is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property.The slope of the property combined with the pre-existing improvements are unique conditions affecting the subject property. • 9. The conditions do not apply generally to other land or structures in the district in which the land is located.The steep slope, existing timber wall configuration, and the existing improvements create conditions which do not apply to all of the adjacent properties. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Granting a lake setback variance to allow the retaining walls within the 75-foot lake setback to be reconstructed with an expanded footprint is reasonable,is a better solution long-term,and is necessary to preserve the rights of the owner.The variance is supported by the vulnerable slope on the property. 11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals,or in any other respect be contrary to the intent of this chapter. Granting the lake yard setback variance allowing the retaining walls within the 75-foot lake setback will not adversely impact health,safety,comfort or morals, or in any way be contrary to the ordinances. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty.The proposed walls within the lake yard will continue to preserve the integrity of the slope and there is no conforming location to install the retaining walls which would protect the slope. Preserving the existing wall is necessary for the protection of the slope and the lake. 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. FILE#LA22-000034 18 July 2022 Page 4 of 4 • Engineer Comments The applicant provided a plan designed by a licensed engineer, Paul Schimnowski,for stabilizing the slope using an Anchor Diamond Pro block system. A building permit is required to install the walls and improvements to be reconstructed. The City Engineer and Building Official will review the engineered wall plans at the time of the building permit review. Public Comments To date, no public comments have been received. Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? 2. Does the Planning Commission find that the variance(s), if granted, will not alter the essential character of the neighborhood? 3. Does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested variance(s)? 4. Are there any other issues or concerns with this application? Planning Staff Recommendation Planning Staff recommends approval of the lake setback variance for the improvements as proposed. Staff further recommends additional screening of the walls be implemented to preserve the natural vegetated view from the lake where feasible. • List of Exhibits Exhibit A. Application Exhibit B. Practical Difficulties Documentation Form Exhibit C. Existing Survey Exhibit D. Engineered Plans Exhibit E. Plans Exhibit F. Submitted Hardcover Calculations Exhibit G. Photos Exhibit H. Property Owners List Exhibit I. Plat Map • PC Exhibit A Land Use Application Summary 11110 Application Date: 06/22/2022 Address: 1350 Rest Point CIR Orono, MN 55364 Parcel Number: 0711723310024 Land Use Number: LA22-000034 Application Submitted By: Agent on behalf of property owner Owner: Name: CLAUDE J JORDAN Address: DEBORAH D JORDAN1350 REST POINT CIRCLE Applicant: Name: Jared Smith Company: Concept Landscaping Address: PO Box 430 Mound, MN 55364 Jaredmound@aol.com Contact Information: Associated Contact: Jared Smith Jaredmound@aol.com Associated Contact: Associated Contact: Associated Contact: Project Description: Replace walls decks and stairs to lake 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 a Applicant Signature: 1cu\KAA PC Exhibit B PRACTICAL DIFFICULTIES DOCUMENTATION FORM LA22-000034 • 1. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter. Response: The property owner is proposing to use the property in a reasonable manner but the configuration and location of the existing amenities is such that their reconstruction and replacement do not meet the standards of the Zoning Code. 2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. Response: The extremely lengthy lake setback of the adjacent home to the immediate west establishes a setback line that makes the existing and proposed amenities nonconforming 3. The variance, if granted, will not alter the essential character of the locality. Response: Because the proposed encroachments of the average setback line are essentially replacing existing very similar encroachments, no impact to the character of the neighborhood will result. Walls have been on this property since the early 1980's used to retain the hillside. 4. Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter. Response: The average setback encroachments are a factor unique to this property because of the • unusually large lake setback of the neighboring property to the west. Economics is not the reason for the change. It is needed to retain soil and land from washing into the lake or down the hill. 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: This condition is not applicable 6. The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not allowed under this Chapter for property in the zone where the affected person's land is located. Response: This condition is not applicable, as the use for a single family home with stairs for lake access is an allowed use in the LR-1B District. 7. The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. 1111 Response: This condition is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. • Response: The slope of the property combined with the pre-existing improvements is a unique condition to the subject property. 9. The conditions do not apply generally to other land or structures in the district in which said land is located. Response: The subject property?s specific slope is beginning to erode and stairs have become unsafe, creating conditions which do not apply to adjacent properties 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Response: Granting a lake setback variance to allow the retaining walls within the 75-foot lake setback is reasonable and necessary to preserve the property rights of the owner and supported by the vulnerable lake yard slope on the property. 11. The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code. Response: Granting the lakeyard setback variance allowing the retaining walls within the 75-foot lake setback will not adversely impact health, safety, comfort or morals, or in any way be contrary to the ordinances. • 12. The granting of such variance will not merely serve as a convenience to the applicant but is necessary to alleviate demonstrable difficulty. Response: The applicant has demonstrated practical difficulties which support granting the lakeyard setback variance to permit the construction of the tiered retaining walls and in-kind replacement of the stairs within 75 feet of the OHWL. eRmun P.enpy PC Exhibit C CERTIFICATE OF SURVEY FOR CORNERSTONE INDUSTRIES, INC.OF LOT 12, REST POINT PARK Alz.C)\' 110 s H NN PIN COUNTY,MINNESOTA C). " S OZ�� city of Orono ts�s.11 :_ Planning&za Plan Review � �� vac Site Plan Resew Date 1)g"I 11 111 3 >APPROVED 1 (mu ❑APPROVED WITH REVISIONS(see n44:0 ❑OSNIED 00" Sue: to AA ( (MI) ,`OOw V � ` g} \ Yri—F-I rt.al tJbt' • \ +ri m tP 34. * \ \ I \ y '. ? EXISTING \"� }, HOUSE g \\ , #1350 io ^,4 % I ".1. PATIO 1 \\� 1 1 A EXISTING �A rosEo DRAT Ace_ ( I HOUSE &U'.iTY EASEMENT a, #1354 1 r7 VV`, L ..- 75' Sk<4.9....›...„...BA ••' . ,— MOM .. kryLON1 EASEMENT(1 \S WC Na.3975:)0//'".••..... 42 0 -4 \ -,-.% - - '' EXISTING ELEVATIONS I '/ \ ( ��• v- . `', rl 1. 1) Garage = 973.0 r r ! 3 --' �y aS 2) First floor = 973.9 _toI �0e 441"VI `---- W 3) Basement 963.8 ) " 7-------- -..,4r•-%- (1EiNNINa �e�' ' • se _ '-N ,#lig .,�, -. - \,,. -.s�- 3 _- _ - - ....92114 CONTOUR UNE ../e. LEGAL DESCRIPTION OF PREMISES : LAKE KE Lot 12, REST POINT PARK L^' MINNETONKA o : denotes iron marker (908.3): denotes existing spot elevotion, mean sea level datum WEST ARM ---_917--_-: denotes existing contour line, mean sea level datum Bearings shown ore boxed upon an ossumed datum. NOTE: MEASUREMENTS ON HOUSE ARE TO THE FOUNDATION. This survey shows the boundaries of the above described property, and the location of on existing house, driveway, "hardcover" and elevations thereon. It does not purport to show any other improvements or encroachments. RECEIVED SEP-22011 CITY OF ORONO °EAGVE° aE,n.°e °Orr pE5O1ensw GRONBERG AND I hereby cert;"that the e°rvey woe preawld by me. SCALE ,,.r direct tuperviaipn,pna that a duty 1"=20' ASSOCIATES, INC. laws of le oee �fVey��"den the • CRAVEN laws o/the State 'Minnesota. DATE ----- I CONSULTING ENGINEERS,LAND 7-21.06 PRJ SURVEYORS,&SITE PLANNERS CHECKED 445 NORTH WILLOW DRIVE �fj l� i.-/'.__ 11 NO. LONG66358 Mork S.Grasberg Minnesota LiLinens�iNumber 12755 11-245 11-245 > V) "U n -0 t 1 £ V),^_,R)D D-o n'-' o A CO N V)CI rD DdZ� 0 V)mm r n 0 `0 `� r<coo _n> --,_ Illi Q ed Q td n) ro „mc. _m __ o o o D m -10 �rdmrm'l �wmz fU7�D ,0o> V)f'l it ,-,,) n C ty m, o (_m ,. -1 Z) -< -< 4a ^^ 0 Z) 3> 3> WZ Z\ >- l l no ri r o �� DL_ H tJ oz �� n Z D R) I. N N m O� 0 O,1,1z)° " ZZ II m N-� D 64 H,,m _ CA r l 1 W N T 0 Z,,,,,\ C Vp O N ▪ . O W0 s (\ • A •• . --.]--.1 0 / Th% . 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D --I mr ,_, Z V) xm R) >-1 o m Z PC Exhibit D ASCHIMNOWSKI CRITERIUK 41111 ENGINEERS June 9, 2022 (Revised June 16, 2022) Jared Smith Concept Landscaping PO Box 430 Mound, MN 55364 Submitted by email: JaredMound@aol.com RE: Segmental Retaining Wall Typical Sections Project Location: 1350 Rest Point Circle, Mound, Minnesota Project No. 22-6321 Dear Mr. Smith: This letter includes important details regarding the attached design typical engineered section for the segmental retaining walls at the above location. This design is based on information provided by you in during a site visit on June 2, 2022, including a description of the project and existing site survey and wall layout information. Revisions include changes to the plan view and wall cross-section designs. The attached typical section(s) should be referenced for construction details. Special note should be made of the wall embedment depth and the geosynthetic fabric(geogrid) length as measured from the front face of the wall, or of the no-fines concrete wall backfill material depths, as applicable. Where tree roots conflict with geogrid installation, geogrid lengths may be modified and cut to work around roots. No • - fines concrete or double-stacked block walls may also be used as an alternative. Refer to Anchor Retaining Wall Systems Standard Specifications for installation information and details. The design of the wall system assumes the following: • Wall location: Replacement of existing timber retaining walls (similar configuration) • Wall height(s): 4.67-ft (maximum exposed heights, not including cap units) • Minimum embedment depth =6" min., or as noted • Soil conditions: Silty/Clayey Sand, friction angle= 30.0 degrees, unit weight of 125.0 lb/ft3 • Required minimum soil bearing capacity= 1500 psf • Surcharge load at top of walls: None • 2:1 maximum slope at top and bottom of walls • Block Type: Anchor Diamond Pro • Geosynthetic Fabric Type: Mirafi 3XT • Drainage pipe: Required These walls have not been designed for ground water surcharge loads. Direct all surface and groundwater drainage away from the walls. Methods to do so include but are not limited to the following: drainage swale, site grading, retention ponds, etc. Details of water control are left to the wall contractor or the site civil engineer. Please contact Criterium-Schimnowski to provide additional site assessment services if desired. The wall design was performed using the design guidelines presented in the third edition of the"Design Manual for Segmental Retaining Walls" (DMSRW) published by NCMA in 2009. Additional information requested by Criterium-Schimnowski Engineers but not available includes: geotechnical site survey and Independently Owned and Operated • 161 Dunbar Way/Mahtomedi, MN 55115 0: 651.779.7700/criterium-schimnowski.com 41, 1350 Rest Point Circle, Mound, Minnesota June 9, 2022(Rev.June 16, 2022) Page 12 • soil data. If soil conditions, proposed wall layouts, or other design parameters vary from that assumed, a revised analysis may be needed. Please call me if you have any questions or need more information. This design has been prepared in strict confidence with you as our client. Reliance upon our design by other parties is strictly prohibited. If you choose to share our design, you agree to indemnify, defend and hold harmless the Engineer from any third-party action. No reproduction or re-use is permitted without express written consent. Further, we will not release this design to anyone without your permission. Thank you. Sincerely, I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. Paul Schimnowski, P.E. MN#40126 Paul Schimnowski, P.E. 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' ••' - m � cyoy I-rl CD xz l� O kR , �. • • 1 � Ca al � r- x ozd u, � . tri Cil z n� r� � v H y o .< � CO t� v) r V, ,- •'•: : z PI .ti �n ° . ,'e IIII drr � r � � D d � � � II o� � rn H Oj .i • z t7 D t7 N -D ON t_1 \`,, tt +,11 i ; /,,,/ C7 P I O 1/40 <+ 1•.•• r Ccy = F ON L \ r0 `:-,4,`,.. • ' �'� z r Z N $ • S O S `n y tiiri) -",.....,:(0,0..... ,n 1 "•, 4 •..•• 'vim x ''',,+yds . , ' ,,Lti 1350 Rest Point Circle, Mound, Minnesota June 9, 2022 (Rev.June 16, 2022) Page 13 • Retaining Wall Completion Reports and Construction Inspections To: Retaining wall contractors and/or all clients utilizing our services for retaining wall engineering. From: Paul Schimnowski, PE Retaining Wall Engineer Criterium-Schimnowski Engineers (CSE) Paul@CriteriumMN.com Date: April 1, 2022 To help contractors and other interested parties navigate the changes that many cities and jurisdictions are making regarding construction inspection requirements and final approval letters,we are making the following recommendations: 1. Request that the City Building Official complete the Required Inspections of Retaining Walls form, attached. 2. Notify your client of the potential for added cost depending on city/building official requirements. Contact our office or refer to our service agreement for current fees. • 3. Contact Criterium-Schimnowski Engineers to schedule any required inspections. Adequate lead time is required. Similar to typical City inspections, at least one week is recommended. We cannot guarantee immediate service. 4. Take daily construction progress photos for your records and for submittal to Criterium- Schimnowski Engineers upon request. 5. Complete the Statement of Conformance for your records and for submittal to Criterium- Schimnowski Engineers upon request. Form attached. If a Wall Completion Report(Post-built Conformance Letter), is requested of CSE,we will require that you provide construction photos and Statement of Conformance. In addition,CSE will need to perform a site visit once final grading is completed.Without these three items,we are unable to comment on the construction/conformance of the wall. We are here to help as much as possible.These inspection requirements are not coming from us. Contact us if you have any questions. Independently Owned and Operated 161 Dunbar Way/Mahtomedi, MN 55115 0: 651.779.7700/criterium-schimnowski.com 4-** 1350 Rest Point Circle, Mound, Minnesota June 9, 2022(Rev. June 16, 2022) Page 14 • Statement of Conformance (for Retaining Wall Contractor) Project Name/Address: Form to be submitted with all construction progress photos by the retaining wall contractor at time of wall completion.This form is required in order to request a wall completion letter from CSE: Block type: Geogrid type: Description of site soils (i.e. sand, clay, loam): Leveling pad size and type of material: Embedment depth (courses of block buried): • Draintile type and diameter: Drainage aggregate type and layer thickness: Geogrid lengths and elevations: Compaction methods used: I hereby certify that,to the best of my knowledge,the work is in conformance with the approved plans and specifications, manufacturer recommendations and requirements, and/or the applicable workmanship provisions of the code. Date Signature of Person in Responsible Charge Printed Name/Title/Company Submit completed form to: Melissa@CriteriumMN.com Independently Owned and Operated 161 Dunbar Way/Mahtomedi, MN 55115 0: 651.779.7700/criterium-schimnowski.com 1350 Rest Point Circle, Mound, Minnesota June 9, 2022 (Rev. June 16, 2022) Page 15 • Required Inspections of Retaining Walls (for City Building Official) Project Name/Address: Permit Number: Please choose one of the following: 1. No inspections are required. 2. The city will perform all needed inspections. 3. The retaining wall engineer-of-record must complete the following: Final site visit with wall completion letter. Contractor's Statement of • Conformance is accepted in lieu of periodic site visits during construction. Periodic site visits with a wall completion letter that includes documentation of the engineer's construction observations. Number of inspections required by building official: Signature of Building Official or Authorizing Personnel Printed Name/Phone Number Date Independently Owned and Operated 5 161 Dunbar Way/Mahtomedi, MN 55115 0: 651.779.7700/criterium-schimnowski.com i) 1350 Rest Point Circle, Mound, Minnesota June 9, 2022 (Rev. June 16, 2022) Page I 6 • DESIGN PROVISIONS: 1. REFER TO WALL MANUFACTUER'S SPECIFICATIONS FOR SEGMENTAL RETAINING WALL UNITS AS THEY ARE INTEGRAL TO THESE PLANS. 2. SEE PRODUCT MANUFACTURER INSTALLATION RECOMMENDATIONS FOR CONSTRUCTION SEQUENCE AND INSTALLATION NOTES. 3. THE DESIGN OF THIS RETAINING WALL SYSTEM WAS BASED UPON THE EFFECTIVE STRENGTH PARAMETERS SHOWN ON THE"SOIL VALUES"TABLE. UNLESS OTHEWISE NOTED, NO FORMAL SOIL INFORMATION WAS PROVIDED BY THE OWNER OR OWNER'S REPRESENTATIVE. IF SOIL CONDITIONS VARY AT TIME OF CONSTRUCTION,WALL ENGINEER MUST BE CONTACTED TO DETERMINE IF A REVISED DESIGN IS NEEDED. 4. THE WALL DESIGN WAS BASED ON THE INFORMATION NOTED IN THE LETTER ABOVE. 5. NO PRODUCT/MATERIAL SUBSTITUTIONS WILL BE ALLOWED WITHOUT PRIOR WRITTEN PERMISSION OF CRITERIUM-SCHIMNOWSKI ENGINEERS. 6. FINAL SITE GRADES AND ROOF DRAINS SHALL DIRECT CONCENTRATED RUNOFF AWAY FROM ANY RETAINING WALL(S). UNLESS OTHERWISE NOTED,THE WALL(S) HAS NOT BEEN DESIGNED FOR HYDROSTATIC SURCHARGE LOADING. 7. THE WALL DESIGN WAS PERFORMED USING DESIGN GUIDELINES PRESENTED IN THE THIRD EDITION OF THE"DESIGN MANUAL FOR SEGMENTAL RETAINING WALLS" PUBLISHED BY NCMA. DESIGN LIMITATIONS: 1. THE INFORMATION PROVIDED WITHIN THESE DOCUMENTS IS FOR THE STRUCTURAL DESIGN OF THE PROPOSED RETAINING WALL(S)ONLY. THE REQUIREMENTS FOR AND/OR WORK RELATED TO HANDRAILS, GUARDRAILS, OR OTHER LIFE/SAFETY ISSUES ARE EXCLUDED FROM THESE DOCUMENTS AND ARE TO BE PROVIDED BY OTHERS. 1111 2. SITE LAYOUT AND GRADING DESIGN ARE NOT INCLUDED IN WALL DESIGN SERVICES.THOSE SERVICE ARE THE RESPONSIBILITY OF THE SITE CIVIL ENGINEER. 3. INTERNAL COMPOUND STABILITY(ICS) HAS BEEN CALCULATED FOR THIS PROJECT BY CRITERIUM. HOWEVER, ICS IS NOTA SUBSTITUTE FORA GLOBAL STABILITY ANALYSIS WHICH SHOULD BE PERFORMED BY A QUALIFIED GEOTECHNICAL ENGINEER.ADDITIONAL SUBSURFACE EXPLORATION MAY BE REQUIRED. SUGGESTED QUALITY ASSURANCE REQUIREMENTS: 1. A QUALIFIED ENGINEER OR TECHNICIAN SHALL SUPERVISE THE WALL CONSTRUCTION TO VERIFY SITE SOIL CONDITIONS. IF THE PROJECT GEOTECHNICAL ENGINEER DOES NOT PERFORM THIS WORK,A QUALIFIED GEOTECHNICAL ENGINEER/TECHNICIAN SHALL BE HIRED TO ASSURE THE RETAINING WALL IS CONSTRUCTED WITH PROPER SOIL PARAMETERS. 2. A QUALIFIED GEOTECHNICAL ENGINEER SHALL BE CONSULTED TO VERIFY THE SUITABILITY OF DESIGN ASSUMPTIONS MADE BY CRITERIUM. 3. WALL EXCAVATION AND SOILS SHALL BE INSPECTED FOR GROUNDWATER CONDITIONS.THE GEOTECHNICAL ENGINEER SHALL DETERMINE ADDITIONAL DRAINAGE PROVISIONS TO BE INCORORATED INTO THE WALL DESIGN. 4. THE WALL DESIGN ENGINEER SHALL BE HIRED TO PERFORM A PRE-CONSTRUCTION SITE VISIT. 5. THE WALL DESIGN ENGINEER CAN BE HIRED FOR CONSTRUCTION OBSERVATION SERVICES. 6. THE WALL CONTRACTOR IS RESPONSIBLE FOR MAINTAINING QUALITY CONTROL FOR THE CONSTRUCTION OF THE WALL IN ACCORDANCE WITH CONTRACT REQUIREMENTS. 7. SEE PROJECT CONTRACT DOCUMENTS FOR SPECIFIC DETAILS ON THE SCOPE OF WORK THAT WILL BE PROVIDED BY ALL PARTIES. Independently Owned and Operated 161 Dunbar Way/Mahtomedi, MN 55115 0: 651.779.7700/criterium-schimnowski.com 1350 Rest Point Circle, Mound, Minnesota June 9, 2022(Rev. June 16, 2022) Page 17 TERMS AND CONDITIONS-Effective Nov.10.2020 • This design is expressly made subject to the following terms and conditions to which all persons that receive and rely thereon agree: 1. STANDARD OF SERVICE: Services performed by ENGINEER under this agreement shall be performed in a manner consistent with the skill and care ordinarily used by members of the engineering profession practicing under similar conditions at the time and in the locality the services are performed. • CLIENT recognizes that interpretations and recommendations of ENGINEER are based solely on the information available to the company. • ENGINEER will be responsible for those interpretations and recommendations, but shall not be responsible for the interpretation by others of the information developed. • Services provided reflect the professional judgment of ENGINEER,to the best of ENGINEER's knowledge, information,and belief as of the date hereof. • No other warranty or guarantee,express or implied, is made. 2. SCOPE OF SERVICE:Services performed by ENGINEER are expressly limited by the scope of services ENGINEER has been employed by CLIENT to perform. 3. TERMS OF PAYMENT: ENGINEER may require a retainer fee to be paid before commencing any project. Extended engagements may require interim invoicing on a weekly,monthly,or other basis.At the completion of the project,we will issue a final invoice. Payment of each invoice is due upon presentation. Failure to pay invoices within the allotted time period will constitute a breach of contract and may result in suspension of work until such time as all overdue payments are made in full.Should any suspension occur because of overdue payments,the time for contract completion, if any is stated,shall be extended by the period of the suspension. Invoiced balances remaining unpaid for thirty(30)days after the date of invoice may be charged a finance charge in the amount of/2 percent per month from the date of invoice. If an invoice remains unpaid and it becomes necessary, in the ENGINEERS'opinion to initiate collection procedures,the CLIENT hereby agrees to pay all collection costs including,but not limited to, reasonable fees for attorneys retained by ENGINEER and court costs at our standard billing rate for time necessitated in court appearances or presentation of claim to the appropriate court jurisdiction. Exceptions to payment terms must be specified in writing. 4. OWNERSHIP OF DOCUMENTS:All reports,field data,field notes,calculations,estimates and other documents ('reports')prepared by Engineer,as instruments of service,shall remain the property of Engineer.CLIENT agrees that all reports furnished to CLIENT or his agents,which are not paid for,will be returned upon demand and will not be used by CLIENT for any purpose whatever. ENGINEER will retain all pertinent records relating to the services performed for • a period of five years following submission of the report,during which period the records will be made available to CLIENT at all reasonable times. 5. COPIES OF DOCUMENTS: ENGINEER agrees to furnish CLIENT with an electronic copy of our report,drawings, or documents relating to the services performed. Hard copies, bound or unbound, may be provided upon request at charge of cost plus 10 percent, at ENGINEERS's sole discretion. ENGINEER shall retain an electronic copy of the final documents in its files for a period of five years. 6. INSURANCE: ENGINEER represents and warrants that it is protected by Workers Compensation insurance and has such coverage under Public Liability and Property Damage insurance policies which ENGINEER deems adequate. Certificate for all such policies of insurance shall be provided to the CLIENT upon request in writing. ENGINEER shall not be responsible for any loss,damage or liability arising from any acts by CLIENT,its agents,staff and other consultants employed by it. 7. TERMINATION:This agreement may be terminated by either party by written notice. In the event of termination, ENGINEER shall be paid for services performed and expenses incurred up to the termination notice date. Neither CLIENT not ENGINEER may delegate,assign,sublet or transfer his/her duties or interest in this Agreement without the written consent of the other party. 8. LIMITATION OF LIABILITY: To the fullest extent permitted by law, CLIENT and ENGINEER (a) waive against each other,and the other's employees,officers,directors,agents, insurers,partners, and consultants, any and all claims for or entitlement to special, incidental, indirect,or consequential damages arising out of, resulting from, or in any way related to this report, (b) agree that ENGINEER's total liability to CLIENT shall be limited to the total amount of compensation received by ENGINEER, (c) agree that CLIENT will defend, indemnify, and hold harmless ENGINEER from and against any claims, liabilities, actions,demands, losses,damages,costs and expenses sustained by any third-party not granted reliance on ENGINEER's reports and services, (d) agree that any action arising out of or related to the services provided must be brought to ENGINEER'S attention no later than two(2)years after the date of the services, and (e) if an action is brought against the ENGINEER and the ENGINEER prevails, ENGINEER shall be entitled to recover costs and expenses, including reasonable attorneys'fees and costs. 9. FORCE MAJEURE:The engineer shall not be responsible or liable for any failure or delay in the performance of its obligations under this contract arising out of or resulting from any cause or event beyond our control,such as war, strike,crime,epidemic/pandemic, regulations and/or restriction imposed by any government agency, or other event. Independently Owned and Operated 161 Dunbar Way/Mahtomedi, MN 55115 0: 651.779.7700/criterium-schimnowski.com t,#) PC Exhibit E Easm - Deck Planner SoftwareTM Report • 3D view /1/,,, , ; I\\/\\\\ lilltl'` tl • Y \� Y yr i ✓ Johnson Debbie Deck Planner SoftwareTM Report All lengths,areas,weights, masses and structural forces are expressed in U.S.Customary units unless otherwise specified. This report was created 6/22/2022 11:46 AM by Deck Planner Software" • Page 1 www.strongtie.com Copyright C 2013-2022 Simpson Strong-Tie Company Inc All rights reserved. Deck Planner Software" Report SIMPSON StrongTie 0 3D view -.1111111 i\\ \ 1 i I iIIIIIII 11[111111 it • p Johnson Debbie Lower Deck Deck Planner Software' Report All lengths, areas,weights, masses and structural forces are expressed in U.S.Customary units unless otherwise specified. This report was created 6/22/2022 12:03 PM by Deck Planner SoftwareT' • Page 1 www.stronatie.com Copyright 4)2013-2022 Simpson Strong-Tie Company Inc.All rights reserved. SIMPSON Deck Planner SoftwareTM Report Strong-Tie. • 3D view IIIJ" IIII ra I at • I ' Johnson Debbie 3 Deck Planner SoftwareTM Report All lengths, areas, weights, masses and structural forces are expressed in U.S.Customary units unless otherwise specified. This report was created 6/22/2022 11:35 AM by Deck Planner Softwaree' • Page 1 www.strongtie.com Copyright tc-)2013-2022 Simpson Strong-Tie Company Inc.All rights reserved. Deck Planner Software" Report SIMPSON P Strong:Tie, 40 3D view a%MA '` \ iii .. \\\\ , ' '. ''''I*'*-7'... ' '''''.:'' :/.1r' • Johnson Debbie Upper Deck Deck Planner Software' Report All lengths,areas,weights, masses and structural forces are expressed in U.S.Customary units unless otherwise specified. This report was created 6/22/2022 11:57 AM by Deck Planner Software^" • Page 1 www.stronatie.com Copyright 412013-2022 Simpson Strong-Tie Company Inc.All rights reserved. Deck Planner Software' Report stroneri • g 3D view I It • Johnson Debbie 3 Deck Planner SoftwareTM Report All lengths,areas,weights, masses and structural forces are expressed in U.S.Customary units unless otherwise specified. This report was created 6/22/2022 11:40 AM by Deck Planner SoftwareTM • Page 1 www.stronatie.com Copyright(c-)2013-2022 Simpson Strong-Tie Company Inc.All rights reserved. PC City of Orono Exhibit F o Hardcover rdcover Calculation Worksheet .. o Property Address skFSO-., •: )3U €5r P�- CO- 1_ H � Preparedby: Date: z - Z z • Stormwater Quality Overlay District Tier: (Circle one) Tier 1 Tier 2 Tier 3 Tier 4 Tier 5 Step 2: PROPOSED HARDCOVER In the following table, identify all items of proposed hardcover on the property, keyed by letter to site plan or survey(must accompany this form). Include all existing hardcover items that are intended to remain, as well as all proposed hardcover items that will be added. Use as many lines as necessary to accurately depict proposed hardcover status of the property. For Tier 1 properties, identify any features by letter which are split at the 75' setback line and calculate hardcover square footage separately for each portion. Key to Hardcover Item (Describe) Length x Width Total Survey (Square Feet) (Example) (Garage) (24'x 30') (720 S.F.) A HnuS0 /u /Z S.F. B ,7t2‘v'�Uko'%"( 5 '// S.F. C S i17t i:J-/}L 1` Sc S.F. D -PPr.if E.,. /iS S.F. E PCccx.C,J1 45 S.F. F Cc.UG;Z�7 t 5"rTTPS &C.; S.F. G t�ctp 5-7-C--e5- €3cj S.F. H 13r_01.,h' /Z01;,-/-/./V/,‘/1- c(-7)-1-1-- (d-7�- ') Z Zp, S.F. I t—igC• pc( _( _ c1 S.F. J PEC-I-< /(2_O S.F. K S.F. L S.F. MS.F. N NS.F. 411 O S.F. P S.F. Q S.F. R S.F. S S.F. T S.F. U S.F. ✓ S.F. W S.F. X S.F. Y S.F. Z S.F. (1) Total Proposed Hardcover L 3 1(a 7 S.F. Excludable Hardcover(See City Code Sec 78-1684): S.F. S.F. S.F. S.F. S.F. (2) Total Excludable Hardcover S.F. (3) Net Proposed Hardcover [Subtract line(2)from line(1)] ,7/ (? 1 S.F. (4) Total Lot Area / t./ / (4,. S.F. Proposed Hardcover Percentage [(3)_(4)] a), `r Last Updated: January 2022 • Note: This is an information sheet only, every effort has been made to insure the accuracy of the information contained herein;however, if any information is not consistent with provisions of the City Code, the Code provisions will prevail. Page 9 of 9 City of Orono N� Hardcover Calculation Worksheet • �y �) Property Address: / 5---6 jZ cS( Ci J e/ `�KfSHoaE Prepared by: -37, v2 w�Tri — CGNc��S''i ,vIJSCRc)► te: (�—z z - Z Stormwater Quality Overlay District Tier: (Circle one) Tier 1 Tier 2 Tier 3 Tier 4 Tier 5 Step 1: EXISTING HARDCOVER In the following table identify all items of existing hardcover on the property, keyed by letter to site plan or survey (must accompany this form). Use as many lines as necessary to accurately depict existing hardcover status of the property. For Tier 1 properties, identify any features by letter which are split at the 75' setback line and calculate hardcover square footage separately for each portion. Key to Total Hardcover Item (Describe) Length x Width Survey (Square Feet) (Example) (Garage) (24'x 30') (720 S.F.) A )-/0 /8 / Z S.F. B pfLt v2 &`iefc 5--`>L/ S.F. C1a � 1ra� C S.F. DA-7 //5 S.F. E oZct'c './ S.F. F CcrrieS S.F. G w-Wp S�+''J f% S.F. S.F. S.F. J D�C+< G S.F. K S.F. L S.F. M S.F. • N S.F. O S.F. P S.F. Q S.F. R S.F. S S.F. T S.F. S.F. ✓ S.F. W S.F. x S.F. Y S.F. Z S.F. (1) Total Existing Hardcover 5-3 S.FT Excludable Hardcover(See City Code Sec 78-1684): S.F. S.F. S.F. S.F. S.F. (2) Total Excludable Hardcover S.F. (3) Net Existing Hardcover [Subtract line (2)from line(1)1 p 5-3 S.F. 4 Total Lot Area ( ) /� / �02_....__..__S.F. Proposed Hardcover Percentage [(3)_(4)] Z \ , o/o (Proposed Hardcover next page) Last Updated: January 2022 Note: This is an information sheet only, every effort has been made to insure the accuracy of the information contained herein; however, if any information is not consistent with provisions of the City Code, the Code provisions will prevail. 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' .... 411111111111111111111111 kt, .. , / . . • PC Exhibit H 38 07-117-23 31 0005 38 07-117-23 31 0023 38 07-117-23 32 0038 MICHAEL P RYAN RYAN P SCOTT/CORRIN W SCOTT JAMES HOUTMAN TRUSTEE 4495 NORTH SHORE DR 1348 REST POINT CIRCLE KRISTINE HOUTMAN TRUSTEE • MOUND MN 55364 ORONO MN 55364 204 WHISPERING PINES AVE FRIENDSWOOD TX 77546 38 07-117-23 31 0006 38 07-117-23 31 0024 38 07-117-23 32 0039 RICHARD N MCLELLAN CLAUDE J JORDAN DAVID MILLER/JENNIFER MILLER JANINE E MCLELLAN DEBORAH D JORDAN 1350 REST POINT LA 27572 RIVERBANK DR 1350 REST POINT CIRCLE MOUND MN 55364 BONITA SPGS FL 34134 MOUND MN 55364 38 07-117-23 31 0007 38 07-117-23 31 0029 38 07-117-23 32 0052 ROGER S&ELAINE M HAYDOCK P SAWICKI&K M SAWICKI KEVIN J GROVER AND 810 MAIN ST N#288 4510 NORTH SHORE DR SUSAN K GROVER SPEARFISH SD 57783 MOUND MN 55364 1315 REST POINT LA MINNETRISTA MN 55364 38 07-117-23 31 0016 38 07-117-23 31 0043 38 07-117-23 32 0053 LEAH MARIE STEAHL MARK HONG&SUSANNA WONG GEORGE THOMAS AHERN 1347 REST POINT CIR 1300 WILDHURST TR CANDACE F AHERN MOUND MN 55364 MOUND MN 55364 1345 REST POINT LA MOUND MN 55364 38 07-117-23 31 0017 38 07-117-23 32 0002 38 07-117-23 32 0054 PREMIUM PROPERTY GROUP JAMES HESSEL HOUTMAN GEORGE T AHERN 13100 WAZATA BLVD STE 400 KRISTINE JOANN HOUTMAN CANDACE F AHERN MINNETONKA MN 55305 204 WHISPERING PINES AVE 1345 REST POINT LA FRIENDSWOOD TX 77546 MOUND MN 55364 • 38 07-117-23 31 0018 38 07-117-23 32 0024 38 07-117-23 32 0060 DAN CHRISTIAN KATHLEEN G ASH JAMES K&SHEILA LANGHANS 1320 REST POINT CIR 4615 TONKAVIEW LA 1366 REST POINT RD MOUND MN 55364 MOUND MN 55364 MOUND MN 55364 38 07-117-23 31 0019 38 07-117-23 32 0030 38 07-117-23 32 0061 KATHLEEN ALBRECHT STEPHANIE FERRELL AMY J MIGLINI 4545 NORTH SHORE DR 1310 REST POINT LA 1371 REST POINT LA MOUND MN 55364 MOUND MN 55364 MOUND MN 55364 38 07-117-23 31 0020 38 07-117-23 32 0031 38 07-117-23 32 0062 JANICE K DEMATTEO DAVID B&JENNIFER BOIES JR DENNIS WALSH/AMANDA HEIEN 1336 REST POINT CIRCLE 1360 REST POINT CIRCLE 1354 REST POINT CIR MOUND MN 55364 MOUND MN 55364 MOUND MN 55364 38 07-117-23 31 0021 38 07-117-23 32 0034 38 07-117-23 33 0006 ZIGMUND PERET/JONI JOHNSON CHRISTINA C NILLISSEN J T NYGARD&K M NYGARD 1340 REST POINT CIR PO BOX 814 1386 REST POINT RD MOUND MN 55364 WAYZATA MN 55391 0814 MOUND MN 55364 38 07-117-23 31 0022 38 07-117-23 32 0037 38 07-117-23 33 0007 • MARK J ALTENHOFEN MICHAEL&LYNNE GERLICHER EUGENE G DOBKIN 1342 REST POINT CIR 1375 REST POINT RD GALINA DOBKIN MOUND MN 55364 MOUND MN 55364 1380 REST POINT RD MOUND MN 55364 38 07-117-23 33 0011 DAVID W&JODI L RAHN 0 1385 REST POINT RD MOUND MN 55364 38 07-117-23 33 0012 GARY&KATHRYN GANGSTEE 1374 REST POINT RD MOUND MN 55364 • 0 PC Exhibit 1 Hennepin County Locate & Notify Map w . ID Date: 6/22/2022 oar as, 4620 1291 i 4f 80 1299 h+ J 4629 4615 as' 3,1 �ti� 1296 4615 k42' / f3nt 4510 G5 �' 1300 44117 low. ''. 468545118 %� 1325 V11‘ i 4.54igo . tt 0 04/16 �', 132001., Shol..**Q, 1345 } R$ 1310 am .# P 1337 in Y 4 �� 1365 1347 t 4545 tett �` '3133 4515 tat A " 44115 Rt 1373 1371 , s WI S. 1360 AS. t 35 \5. }';'°-....r 1336 �' ' �t 61) , '..s 1340 y.. t/►� 1342 4y 1 1349 = 1354 13 '. > ts' W. 0 1365 `s. 1366 �' C �,- �0 1374 tatIII '105 1380 1330 / • n,r # 400 \1/4\ . ,f 06 Buffer Size: 500 0 50 100 200 Feet Map Comments: I t i ) I t ) ) 1 1350 Rest Point Circle This data (i) is furnished 'AS IS' with no representation as to completeness or accuracy; (ii)is fumshed with no warranty of any kind, and (ii) is notsuitable for legal, engineering or surveying purposes.Hennepin County shah not be liable for any damage,injury • or loss resulting from the data. For more information,contact Hennepin County GIS Office 300 6th Street South,Minneapolis,MN 55487/gis.info@hennepin.us • Date Application Received: 06/22/2022 O Date Application Considered as Complete:06/22/2022 87L.0.At 60-Day Review Period Extension Expires: 08/21/2022 O To: Chair McCutcheon and Planning Commission Members Adam Edwards, City Administrator 4. tie. G From: Melanie Curtis, Planner I'YIGG `�kESHO�� Date: 18 July 2022 Subject: #LA22-000035,Alexander Design Group o/b/o Atrion & Lisa Faiola, 2659 Casco Point Road Variances/Public Hearing Application Summary: The applicant is requesting lot width, lot area, side setback, structural coverage, and hardcover variances in order to redevelop the property. Staff Recommendation: Staff recommends denial as proposed. Background The applicant is requesting variances in order to construct a new home on a property with substandard area and width. Additionally requested are a side yard setback variance for deck stairs, a hardcover variance to permit 30.8% hardcover where 25% is permitted and 32.1%currently exists; and a structural • coverage variance to permit 21.6% ..9.:"----;:,;-/,' hardcover where 20% is the -/. w maximum allowed.Thef ,. ,.. .� ` boathouse/shed on the property tIs�• �'9''g= s j' mss„ 0 0 rj will be rebuilt in kind. / 1.);.,,,,,,t, / y^ r.- Practical Difficulties Analysis y5•\`' vI • ,- ¢.� -,,�;s, • 7 . • 4454 4w Applicant Submittal Information: i d - , t, // • /t�` '' r6 08'4 Vii �° u/ma.._.-, / i / o StT FFNC The applicant has stated that the (��,�� ., �z-,,/ /�,��j!i",' .�� .vs��_ 'e` -. irks-TALL size and width of the property 75 foot �/ / •",// 'r 1, 40100.9 4f, aprovide challenges for development. , setback 1-/ yiki ///� �The nonconforming lot size limits .0.pan.t•, .4. . T, o 9•!� ;..<,.: the amount of building footprint „a6 r a'`�' ,b. , •-•ktt Ii• p,Q41V:i°"aw . : "t,. and hardcover from that of a Y • wroc L "- "ir '' ' -47' d SF4 41-'4' ,,::� % conforming sized lot.They have "'°e•i'S6 --...rt•.31. a /. 4'c provided supporting documentation `'"T•. ,?'Nos AREA DRAIN RIA4 ag--":- `'` �J a ' 'I 1regarding Practical Difficulties R °O Of�"` ,' attached as Exhibit B, and should be —`,� �,�. .56'.7.9'49:;/:___:--.,1, 8 �j0` ' ,z-aos asked for additional testimony . --• V- o • regarding the application. II. 954 0194, `e3)O0,, w f'hsn.._ Planning Staff Practical Difficulty Analysis: In this neighborhood, Staff finds practical difficulties inherent to the size and shape of the lot affecting the property which justify the variances allowing redevelopment. However,the proposed structural coverage • level, hardcover level, and deck stair encroachment into the side setback are not supported by practical difficulties. The plans could be modified to further reduce building coverage and hardcover. FILE#LA22-000035 18 July 2022 Page 2 of 5 . LOT ANALYSIS WORKSHEET Section 78-350-Setbacks: LR-1C Required Proposed Rear/Street 30' 32.9' North Side 7.5' 7.8' South Side 7.5' 7.5' House 3.3' Deck stair Lakeshore 75' 107' Average Lakeshore The average lakeshore setback will be met. Section 78-350- Lot Area/Width: LR-1C Lot Area Lot Width Required 21,780 s.f. (0.5 acres) 100' Actual 12,851 s.f. (0.29 acre) 60' @ 75'/60' @ OHWL Section 78-1403-Structural Building Coverage: Total Lot Area Total Structural Coverage 12,851 s.f. (0.29 acre) Allowed: 2,570 s.f. (20%) Proposed: 2,778 s.f. (21.6%) • Section 78-1700-Hardcover Calculations: Stormwater Overlay District Total Area in Zone Allowed Hardcover Proposed Hardcover Tier Tier 1 12,851 s.f. 3,212 s.f. 3,969 s.f. (25%) (30.8%) Applicable Regulations: Lot Area and Lot Width Variances (Section 78-350) Zoning Code Section 78-72 provides options for the redevelopment of lots which do not meet the minimum area or width requirements for the respective zoning district. Substandard properties within the Shoreland Overlay District, like the subject lot, are able to be redeveloped without variances if specific standards are met; such as: 1. All setback requirements can be met; 2. A Type 1 sewage treatment system consistent with Minnesota Rules, chapter 7080, can be installed or the lot is connected to a public sewer; and 3. The impervious surface coverage meets all hardcover location and square footage restrictions of this chapter and the total square footage of hardcover does not exceed the percentage permitted in the appropriate Stormwater Quality Overlay District Tier. 4. All other zoning district standards can be met. The applicant's request for structural coverage, hardcover, and side setback variances results in the • property's inability to conform to all of the standards above.Therefore, lot area and lot width variances FILE#LA22-000035 18 July 2022 • Page 3 of 5 are also required in order to redevelop the property.The ability to develop the property consistent with other existing developed properties in the neighborhood would be limited if the area and width variances are not granted. Structural Coverage Variance (Section 78-1403) The Code states that residential properties between 10,000 square feet and 2.0 acres are limited to 20%of the property's area for building coverage.The applicant is proposing a 2,518 square foot home,and a 260 square foot boat house/shed exists on the property.Together,the buildings total 2,778 square feet (21.6%)structural coverage,which is 207 square feet over the limit. Hardcover Variance (Section 78-1700) The proposed plans provide a hardcover reduction of 170 square feet (1.3%)from existing conditions, resulting in 30.8% hardcover where 32.1%currently exists.Tier 1 limits hardcover to 25%of the lot area. Eliminating the overage in structural coverage(207 square feet)would result in a proposed hardcover level of 29.2%. Side Setback Variance(Section 78-350&78-1405) The plans reflect a 4-foot wide deck stair encroaching within the south side lot setback area, 3.3-feet from the side lot line. In design,the applicant applied the City's nonencroachment provision in 78-1405(3) which states that"steps, sidewalks, uncovered porches,stoops or similar structures which do not extend above the height of the ground floor of the principal building" can be situated as close as 2 feet to any lot line. Although the Code does not specify, Staff interprets and applies this section to those listed features which provide required egress to the home.The steps off of the rear deck do not meet this standard; a variance is required. Governing Regulation:Variance (Section 78-123) In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health,safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2,when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located.The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. According to MN §462.357 Subd. 6(2)variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance.The proposed lot area and width variances are in harmony with the purpose of the Ordinance.The substandard lot has difficulties in its small size and depth, and proximity to the lake to permit redevelopment.The variances for structural coverage, hardcover,and side setback are not in harmony with the purpose of the Ordinance.This criterion is not met. • 2. The variance is consistent with the comprehensive plan.The structural coverage and hardcover variances proposed to develop this nonconforming lot of record are not consistent with the FILE#LA22-000035 18 July 2022 Page 4 of 5 comprehensive plan.The setback variance could be eliminated if the building coverage is 111 reduced.This criterion is not met. 3. The applicant establishes that there are practical difficulties.This criterion is not met. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls;the request to permit construction of the home on the substandard lot is reasonable. However,the type and level of variances requested for development are out of scale for the property and are not reasonable. b. There are circumstances unique to the property not created by the landowner;The substandard size is an existing condition and there is no available land with which to make the property conforming.There should be consideration for variance approvals from the lot width and area requirements.The house size resulting in the requested setback,structural coverage,and hardcover variances are created by the property owner; and c. The variance will not alter the essential character of the locality.The variances are requested in order to permit construction of a home,which is reasonable. However the size and scale of the proposed development on this property would be out of character with the neighborhood. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination. 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06,subd. 2,when in harmony with Orono City Code Chapter 78.This condition • is not applicable. 6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located. This condition is not applicable, as a residential home is an allowed use in the LR-1C District. 7. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling.This condition is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property.The property's substandard size creates difficulties which also apply to many of the properties in the same neighborhood.The proposed structural and hardcover levels should be scaled for the size of the property and as proposed are out of character. 9. The conditions do not apply generally to other land or structures in the district in which the land is located.The property's substandard size creates difficulties which also apply to many of the properties in the same neighborhood. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Granting lot area and lot width variances are necessary for the preservation of the property right of the applicant.The structural coverage, hardcover,and setback variances which result in a construction of a home which exceeds the building coverage limitations is not a property right of the 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. Granting the variances for lot width and lot area in this unique situation is not contrary to the intent of the zoning chapter. However,the requested structural coverage, hardcover, and setback variances as proposed are • contrary to the zoning chapter. FILE#LA22-000035 18 July 2022 • Page 5 of 5 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty.The variances for lot area, lot width are necessary, and do not merely serve as a convenience to the applicant. However,the proposed hardcover and structural coverage variances would be a convenience to the owners.This criterion is not met. The Commission may recommend or Council may impose conditions in granting of variances.Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Public Comments The applicant has submitted a neighborhood letter with signatures from the neighbors. No additional public comments have been submitted. Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? 2. Does the Planning Commission find that the variance(s), if granted, will not alter the essential character of the neighborhood? 3. Does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested variance(s)? 41, 4. Are there any other issues or concerns with this application? Planning Staff Recommendation Staff does not find practical difficulties which support the level of variances requested.The lot area and width variances to address the substandard lot size are supported by practical difficulty;staff supports granting those variances. However,the structural coverage level, 208 square feet more than permitted, is compounded by the requested hardcover and setback variances for the home. Staff recommends the applicant redesign to reduce the structural and hardcover levels for the project. Staff recommends denial of the application as proposed. List of Exhibits Exhibit A. Application & Neighbor letter Exhibit B. Narrative and Practical Difficulties Form Exhibit C. Existing Conditions Survey Exhibit D. Proposed Survey Exhibit E. Proposed Plans—House and Boathouse Exhibit F. Proposed Renderings & Landscape Plan Exhibit G. Hardcover Calculations (Staff Edit) Exhibit H. Aerial Photos Exhibit I. Property Owners List Exhibit J. Plat Map • PC Exhibit A Land Use Application Summary Application Date: 06/22/2022 Address: 2659 Casco Point RD Orono,MN 55391 Parcel Number: 2011723230022 Land Use Number: LA22-000035 Application Submitted By: Agent on behalf of property owner Owner: Name: Atrion& Lisa Faiola Address: 2659 CASCO POINT RD Applicant: Name: Kristy Raasch Company: Alexander Design Group Address: 401 Lake St E# 100 Wayzata, MN 55391 kristy@alexanderdesigngroup.com Contact Information: Associated Contact: Associated Contact: Associated Contact: ! Associated Contact: Project Description: Variance request Land Use Application Type: Amendmend Application 0 Appeal of Admin Decision 0 Concept Application 0 Conditional Use Permit 0 Site Plan Application 0 Subdivision Application 0 Subdivision Exception 0 Vacation Application 0 Variance Application O \<Applicant Signature: I ' •1 Hello Casco Neighbors! 0 We have plans ready for 2659 Casco Point Rd, and will be submitting everything to the planning commission by 6/22— this puts us on the 7/18 planning commission agenda and the 8/8 city council meeting. We will be asking for variances for:Hardcover/Structural coverage/Lot width for a substandard lot/Lot Area for a substandard lot. Any support from the neighborhood is greatly appreciated! See below for the renderings: .f ` \`3� Lao` Y!t ::c `„,yam P, 1.:k,,` *,• r+ . ti J` i•i�• . # L1M �. v • +r• 4414, 2 Y rt aL .. .li .fS, it=' s _ n Aiy4 ¢ _ r 1• R "` . '.4'?Y „y .;. i X!° ,,,.':,,;;:t4=,-.::• y 149 >rf�.r.tir - t 0 - ,....pt----. Future 2659 Casco Point Road Rendering—front r a >4e `-y�*. 4 , a V `„�rA tip. a rz � f ' Irs.,.::Ircilk *, ...„ :.....: ,p �. k ,1p7-,44,•!, _ : ,. . pp . ... ,,, . '� `+ ` `fit i lip ti ., ,. i:;,,L, , , 4 .''.,;..14,,X; ''d. —. -----iiir- ...4„. . .. .. - . ..,, ,,,,,,....,,,.:..,i Asivirfti I ,g,,,.., „,,,:- -- . 1 ' ‘"C` !4it: .ae * 4y i ' ' ''''' • ', 1' ',-,,; '^'' •,' , , '''',.••--*,--,----••----..--4-------- 41,t:.-..-,tk .,. hL a.t . • it Future 2659 Casco Point Road Rendering—Lake Side cils-c/0 f`k- Y� PC Exhibit B PRACTICAL DIFFICULTIES DOCUMENTATION FORM LA22-000035 0 __ 1. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter. Response: The proposed project is a reasonable use of the property: The proposed single-family home is a reasonable use of the LR-1C zoned property. Since the lot area is 8,929 square feet less than what is required in the LR-1C zone, it is reasonable that the property owners would request a hardcover and structural cover variance. It is reasonable that the property owner?s want to re-build the existing boathouse with the same footprint, requiring a tiny corner of the boathouse to remain on the adjoining property at 2649 Casco Point Rd. The adjoining neighbors at 2649 Casco Point Rd. also agree that this is reasonable. I believe they may have reached out to Melanie directly to convey that they are in agreeance. The existing boathouse has a settling and failing foundation. Granting of the hardcover and structural cover is reasonable when working with a substandard lot. The minimum lot area for the LR-1C zone is 21,780 square feet, or .5 acres. This property is 12,851 square feet. If the lot was a standard size for the zone, we would be able to have up to 5,445 square feet of hardcover and 4,356 square feet of structural coverage. Our proposed numbers are well under these. (3,929 HC / 2,785 SC) 2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. diResponse: The variance request is due to circumstances unique to the property, not created by the landowner: The practical difficulty in complying with the hardcover and structural cover regulations is directly due to the size and width of the existing lot. The practical difficulty in complying with the hardcover and structural cover regulations is also due to the fact that there is an existing boathouse on the property that the property owners did not create, but would like to re-build. The practical difficulty in complying with re-building the existing boathouse completely on the owner?s property is due to the fact that a very small corner of the existing boathouse is on the adjacent property. These site conditions are specific and unique to this site and were not created by the landowner. 3. The variance, if granted, will not alter the essential character of the locality. Response: The variance will not alter the essential character of the locality: Granting of the variances of the proposed new dwelling and boathouse will enhance and improve the essential character of the locality. It will replace an old, dilapidated house and boathouse. The boathouse will be re-built to the exact same massing as the original, keeping its integrity in place. 4. Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter. • Response: N/A 5. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minnesota Statutes, Section 116106, Subd. 2, when in harmony with this Chapter. Response: N/A 6. The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not allowed under this Chapter for property in the zone where the affected person's land is located. Response: N/A 7. The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. Response: N/A 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. Response: The special conditions are peculiar to such a property or immediately adjoining property: As it is not uncommon on for boathouses to be different shapes and sizes, it is peculiar for a small corner of a boathouse to be on the adjoining property. 9. The conditions do not apply generally to other land or structures in the district in which said land is located. Response: N/A 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Response: N/A 11. The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code. Response: Granting of the variances will not impair health, safety, comfort, morals, or be contrary to the intent of the zoning code: Granting of the variances will improve the safety and enjoyment on the property, as it will replace an older deteriorating home as well as unsafe existing landscaping and pavers. Granting of the variances will also naturally allow more parking on the owner?s property, as opposed to on Casco Point Road, a busy thoroughfare, which increases the safety of residents in the area. 12. The granting of such variance will not merely serve as a convenience to the applicant but is necessary to alleviate demonstrable difficulty. Response: Granting of the variances will not serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty: Granting of the hardcover and structural cover is necessary to alleviate the difficulty in working with a • substandard lot. The minimum lot area for the LR-1C zone is 21,780 square feet, or .5 acres. This property is 12,851 square feet. If the lot was a standard size for the zone, we would be able to have up to 5,445 square feet of hardcover and 4,356 square feet of structural coverage. Our proposed numbers are well under these. (3,929 HC / 2,785 SC) Granting of the structural cover is necessary to alleviate the difficulty in working with a lot that has an gib existing boathouse on it. The boathouse alone is 267 square feet. The property owners did not build Mir or create this boathouse. Assuming the boathouse was not already existing on the property, the property owners would be under the 20% structural coverage requirement. i S Variance Requests:Hardcover(Maximum 25%) Proposed:30.57%Existing:32.1%/Structural coverage(Maximum 20%)Proposed:21.87%/Lot width for a substandard lot(Minimum 100 feet) Proposed: 60.31 feet/Lot Area for a substandard lot(Minimum 0.5 acre, 21,780 square feet) Proposed:12,851 square feet/Tiny corner of the boathouse to remain on the neighbor's property when it is re-built. 1. The proposed project is in harmony with the general purposes and intent of this ordinance: • The project is a single-family home, a use specifically called for in LR-1C district, One- Family Lakeshore Residential District • The proposed project is a within all setback requirements, and meets the required height restriction, demonstrating that the project is not out of scale with the lot itself. *Setbacks Restrictions:7.5'sides/Average Lakeshore/30'front *Building height: 28'-2 7/8" (30' maximum allowed) 2. The proposed project is consistent with the comprehensive plan: • The project proposes to improve a site with a new single-family home, consistent with the Comprehensive Plan and goals of improving housing quality within the city, maintaining properties, and reinforcing the surrounding single-family neighborhood. • The natural character of the lakeshore will be preserved and enhanced by replacing an older deteriorating home and boathouse, with higher quality materials and overall • design of the new structures. • The increase of massing of the structures are limited: *The proposed project is within all requirements for building setbacks and building height, demonstrating that the project is not out of scale with the lot itself. *The project proposes to decrease the existing hardcover by 1.53%, or 202 square feet. Not only maintaining, but improving the protection of lake Minnetonka as a natural and recreational resource. 3A. The proposed project is a reasonable use of the property: • The proposed single-family home is a reasonable use of the LR-1C zoned property. • Since the lot area is 8,929 square feet less than what is required in the LR-1C zone, it is reasonable that the property owners would request a hardcover and structural cover variance. • It is reasonable that the property owner's want to re-build the existing boathouse with the same footprint, requiring a tiny corner of the boathouse to remain on the adjoining property at 2649 Casco Point Rd.The adjoining neighbors at 2649 Casco Point Rd. also agree that this is reasonable. I believe they may have reached out to Melanie directly to convey that they are in agreeance.The existing boathouse has a settling and failing foundation. • • Granting of the hardcover and structural cover is reasonable when working with a substandard lot.The minimum lot area for the LR-1C zone is 21,780 square feet, or.5 acres.This property is 12,851 square feet. If the lot was a standard size for the zone, we would be able to have up to 5,445 square feet of hardcover and 4,356 square feet of structural coverage. Our proposed numbers are well under these. (3,929 HC/2,785 SC) 3B. The variance request is due to circumstances unique to the property, not created by the landowner: • The practical difficulty in complying with the hardcover and structural cover regulations is directly due to the size and width of the existing lot. • The practical difficulty in complying with the hardcover and structural cover regulations is also due to the fact that there is an existing boathouse on the property that the property owners did not create, but would like to re-build. • The practical difficulty in complying with re-building the existing boathouse completely on the owner's property is due to the fact that a very small corner of the existing boathouse is on the adjacent property. • These site conditions are specific and unique to this site and were not created by the landowner. 3C. The variance will not alter the essential character of the locality: • • Granting of the variances of the proposed new dwelling and boathouse will enhance and improve the essential character of the locality. It will replace an old, dilapidated house and boathouse. • The boathouse will be re-built to the exact same massing as the original, keeping its integrity in place. 8. The special conditions are peculiar to such a property or immediately adjoining property: • As it is not uncommon on for boathouses to be different shapes and sizes, it is peculiar for a small corner of a boathouse to be on the adjoining property. 11. Granting of the variances will not impair health,safety,comfort, morals,or be contrary to the intent of the zoning code: • Granting of the variances will improve the safety and enjoyment on the property, as it will replace an older deteriorating home as well as unsafe existing landscaping and pavers. • Granting of the variances will also naturally allow more parking on the owner's property, as opposed to on Casco Point Road, a busy thoroughfare,which increases the safety of residents in the area. • 12. Granting of the variances will not serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty: • Granting of the hardcover and structural cover is necessary to alleviate the difficulty in working with a substandard lot.The minimum lot area for the LR-1C zone is 21,780 square feet, or.5 acres.This property is 12,851 square feet. If the lot was a standard size for the zone,we would be able to have up to 5,445 square feet of hardcover and 4,356 square feet of structural coverage. Our proposed numbers are well under these. (3,929 HC/2,785 SC) • Granting of the structural cover is necessary to alleviate the difficulty in working with a lot that has an existing boathouse on it.The boathouse alone is 267 square feet.The property owners did not build or create this boathouse. Assuming the boathouse was not already existing on the property, the property owners would be under the 20% structural coverage requirement. S • • LEGAL DESCRIPTION: Lot 137,Spring Park,Hennepin County,Minnesota. PC Exhibit C SCOPE OF WORK @ LIMITATIONS: 1. Showing the length and direction of boundary lines of the legal description listed above. EXISTING The scope of our services does not include determining what you own,which is a legal CONDITIONS maker.Please cheek the legal description with your records or consult with competent legal counsel,if necessary,to make sum that it is correct and that any matters of record, such as easements,that you wish to be included on the survey have been shown. 2. Showing the location of observed existing improvements we deem necessary for the urvey. 3. Setting survey markers or verifying existing survey markers to establish the comers of the property. /. 4. Existing prop 6 (ding dimensions and setbacks measured m outside of siding or stucco. •„ni 5. Showing and such g impervious surface coverage of the Int for your review d for the review of such governmental agencies that may have jurisdiction over these requirements to verify they are correctly shown before proceeding with construction. . 6. Showing elevations on the site at selected locations to give some indication of the b topography of the site.We have also provided a benchmark for your use uin determining y c 5G.FT. elevations for construction on this site.The elevations shown relate only to the 6 benchmark provided on tris survey.Use that benchmark Rod check al least one other t' ns/i feature shown on the survey when determining other elevations for use on this site or sa • before construction. ,,,rrrfff'/• 7. Thusurvey hun been completed without the benefit of a current title commitment.There �Ol PPP y/ r °r'1 -„y' may be existing easements or other encumbrances that would be revealed bye current G /"�f title commitment. Therefore,this survey does not purport m show my easements or �V \\ _ E65 encumbrances other than to ones shown hereon. N$ Y//`` Au,pie 8. Ishould be noted that this survey w completed with and located snow coverage o site. ,` ,/// \\ • __ car° We cannot be certain that all items were observed and located during the process of / \ , conducting the survey due to the stew cover.IF this uncertainty is something you would • '/ 1:'.2: gy', like t remove,please expose ail improvements and we can return to locale said items,if 4.' 1/ / 4 •.• ` needed. // / n�7 '/ - sF.lf ..N r '// j°� / /''1 55'',...<.../V---..›,,!.?,:,..0. 4.sw STANDARD SYMBOLS&CONVENTIONS: Ali / " 7,:/ IF •••Denotes iron survey marker,found unless otherwise noted. / / /;/// "'",...,-44,,..,:r., / p. ° ,.zoos a a a as Ne4WH Q2'k- te ci 144.1.--* •/� ��R /gf . to \ W wI 65 •t. .� �0N -Rs M• *9�f :\ g� on, a Cp EXISTING HARDCOVER - '�� IWI HOUSE(WITH CANTILEVERS) 1,542 SO.FT. / GARAGE 481 S0.FT. DRIVEWAY 340 SO.FT. LAKESIDE SHED 237 S.FT. / SHED(BY HOUSE) 78 SOO.FT. FRONT WALK 379 S0.FT, / REAR DECKS STEPS 892 S0.FT, ACCESS STEPS SO SO,FT. STONES ROCK WALLS a 202 S0.FT. SHED PATIO 204 S0.FT. TOTAL EXISTING HARDCOVER 4,523 S0.FT. AREA OF LOT(TO O.H.W.) 12,851 SO.FT. LOT COVERAGE 35,25 NOTE:SIGNIFICANT SNOW COVERAGE AT TINE OF SURVEY. SEE NOTE NE. I OM OFENTAnOH S CLIENruos ADDRESS 72rmnw 1,72-g re eunu0vao: RRET mE —.._ a_ETNO °%°,22 o;�PAM Advance .NI�Naoouoon ouwn.o� ATRION FAIOLA N n” 4a DECEMBER 22,2021 EXISTING SURVEY /� 1 C.„' SraveigaEngirorNg,Co. L SHEETwrs:Ino 2 1 2659 CASCOPOINTRD. ws"W SATE000e7om J • ORONO,MN INN WNYwy Nat ucos.s„ PRAWNS.40400 NUMBER® DECEMBER 2e,.2021 I sI ••••••.••••••••••• DECEMBER 292021 212483 WP DATE• • PC Exhibit 0 LEGAL DESCRIPTION: Lot 137,Spring Park,Hennepin County,Minnesota. GRADING&EROSION CONTROL NOTES: PROPOSED SURVEY DUWHVOCONSTRUes have. • If naps BEFORE DEMOLDION AND GRADING BEGIN • When din o peensn have been created,a double mw of silt fence shall necessary,vehicle,that have mud on SCOPE OF WORK&LIMITATIONS: • Imtall silt fenceAio roll around the perimeter of tie mmvution•res be placed to prevent escape of sediment laden runoff ad iifthe piles or before exiting the site v the rock moan, I. Showing the length and direction of boundary lines of the legal description listed above. Sc&meso comm)measures must remain v place until final dabilizdion other disturbed areas are to remain in place for more than 14 days,they • Moisture shall be applied to disturbed ar • The scope of our services does not include determining whet you own,which is•legal has been established and then shall be removed Sediment controls may dull be ceded with Minnesota0.panmem of Tnmponaton Seed • Portable toilet facilities styli be placed on site for use by workers and matte,Please check the legal description with your records or consult with competent h removed to accommodate shun teen construction activity ben mud klimve 22-111 at 10016/ane followed by eosermg wall spay mulch. shill be properly mvmaired legal counsel,ifnecenary,to make sure that it is coned and that any matters of record, be replaced before the next min. • Adumpsteshall be placed on the site for prompt disposal of Vetberomes necessary to pump the excavation during construction, such as easements,that you wish to be included on the survey have been shown. construction debris.These dumpders shell be serviced regularly to • discharge hell be into the stockpile' tut the double silt 2. Showing the location of observed existing improvements we deem nate for the • A temporary rock construction entrance shall be established d each pump arge s areas so B Bimpmvemen necessary &arns point m the site and a 6 inch layer of l to 2 inch rock extending Isrevem overflowing and blowing onto adjumtpropenin.Disposal of fence around then areas can filter the weer before h leaves the site. mrvry, d least 50 f Gnu the street into the site and shall be underlain with solid wants f the site shall v accordance with Minnesota Pollmion 3. Setting survey markers or verifying existing survey markers to establish the comets ofpermeable gmtextile fabric.The entrance shall h maintained during Control Agency requirements_ • Temporary erosion control shall be installed no Wer any, 14 days afl the property. communion by top dressing or waling to prevent tracking or flow of • As unarms container shall be placed for disposal of hazardous wade. pante is first disturbed and shall consist castceding with 4. Existing building dimensions and setbacks measured to outside of siding or stucco. sediments onto mobile streets,walks or alleys.Potential entrances that Hazardous wastes shall be disposed of in accordance with MPGA Minnesota Dep Send Mof Transportation Seed Mixture 22.111 et 100 5. Showing and tabulating impervious surface coverage of the lot for your review and for are not x protected shall be closed by forcing to prevent unprotected mourn... Ib/enc followed by covering with appy mulch. the review of such governmental agencies that may have jurisdiction over these exit born the site. • Connate truck washout shall be in the plastic luted ditch and dispose of • Erosion commere th )measures shown on the erosion control plan e e requirements to verify they are correctly shown before proceeding with constmction. • Contractor shall instal Wet protection on all exdabsolute existing am sewer inlets washings a solid waste. absolute minimum.The contractor shall install temporary earth dikes, 6. Showing elevations on the site at selected locations to give some indication of the in accordance with the city standard details.Inlet protection shall also sediment tap or basins and additional silt fencing as deemed necessary' topography of the site.We have also provided a benchmark for your use in determining be provided on ill proposed storm sawn inlna immediately following • Sediment control device shall cleaned be regularly iced as n cess after myon 1 COhIerosioa elevations for construction on this site.The elevenons shown relate only to the oonsmnnion of the inlet.Inlet protection muss be installed in a manner dow.leventeMahall be cleaned and rcpeircdasnecessary to Provide SITE WORT:COMPLETION: dowmtrearn potectwm • When final n has hem completed bis befre I of seed or benchmark provided on this survey.Use that benchmark and check s lost one other the will not impound wenn for ar or ped prions of time a v e mamasgradingplacement onk o facture shown on the survey when determining other elevations for tax on this site or the pexins ahazad to vehicular or pedestrian teff. • Smarts andother public at ll pr be inspected em daily and if liner or ed an briar"survey that gr d done speroiryof Minnetonka before beginning construction. soils has hem deposited it shall promptly h removed rcheo any u to insure that Fading was properly done. T. This survey has been completed without the benefit of a current tide commitment.Them • When any remedial grading has been completed,ed Or seeding shall be may be existing easements or other encumbrances that world be reveled by a currentcompleted including my erosion control blankets for steep ren. title commitment. Therefore,this survey does not purport m show any easements or / • When turf is established.silt fence and Wet protection and other erosion encumbranms other than the ones shown hereon. carol device shall be disposed of and adjacent stens,alleys and E It should be noted that this survey was completed with significant snow coverage on site. walks shall be cleaned as seeded to deliver•site that u erosion resistant drat g We cannot be certain at all items were observed and located during the f -''•h; aclean process o d conducting the survey due to the mow cover.If this uncertainty is something you would / Contractor shall maintain positive drainage of•minimum 255 slope an like to remove,please expose all improvements and we creturn to locate said items,if ` away from proposed building needed. et' ` STANDARD SYMBOLS&CONVENTIONS: , aq ',%i } ,0 "••Denotes iron survey marker,found.unless otherwise noted. t�r ,p3 '+� CEJ ff ,3` I' / /55y71-'2/7 '/,,,,,,,:_ 255'LA. • PROPOSED ELEVATIONS y'1 C ///1",14!/;///' •gyp / /r OB W ze: FIRST FLOOR(SUB—FLOOR)=956.69 1'410 INSTALL .' ./ 4y // J' /`/ - >]� a° .INSTALL ser et-NCE 70P OF FOUNDATION—954.71 '.. TEArr 7`., // If,jr A, BASEMENT FLOOR=946.00 r / //J�r i r// /'/ t• //i\ / 1,1 GARAGE FLOOR 954.50 ;'/// // / • • 0 .. 'm• \ / err /f /a% /44 ` j • �'4.rn // / .. puar:a:pe.'!,, o• p. oto.419 .04 \�• vAueatin �.�.. . , 4v..S/ nye$�/ w�2' �- y `-_•�t' -!orae s,.-}_ �8," ^ V•'T/ ecT. Opc,\ e GNtt1W Y gZa let-IANIIIE DWI max:: 4. Ili A w w %C 44' 1.-_ 1'=JO fe02-----'.-26!m.--4 X; \\ ,Gs 'p .\ _-.mu�ixuFc i "-!;ie 1T'ANS AREA ORA/M RtlM1 �='•�y % ,�-t\ • ENIRAalF PER NOTES ter' PRLVq.SEt fLTCE�' \� 4 �/ I.�0�� LEGEND --„P-RM&fE0 s2EPs-,= ' �f> '!i EXISTING CONTOUR ___954—_— S”SPD TAPE--'AREA Oand • '76. 6.., ,T %�'a�v rr \2 .-•�- MIMau, E R6` -,tit' LXo LAC SPOT ELEYADON x 954.0 A5 d Alam. - '; PROPOSED COVTOUR —MP— yam. •-uagm: /`.,.\(1,\ PROPOSED SPOT ELEVATKW ASRG—'' • A,~m Ade,,. C•\} N "pc •b' ^Q•' DRAINAGE ARROW—FLOW / 7 `INS,LL SILT IENCE SILT FENCE/ O ROLL —SS`F�— / L� TREE RDIOVAL L X 5 / DATE RMS.DESO,PTOP X•� dw OPIEPTATION SCALE aiEnn,onAo0HESS aeonn.,..nEs SHEET co � a us e,,DA:egntaartwaw ra aVEr�'. 011E117.2 A ,4 TRION FAIOLA Advance �,R46/ //�x� r.,_DECEMBER22,202s osEo SURVEY 1 Gurveyap d E,,,,.„,„„,ter. L/E// /IL 1 1659CASCO POTM'RD. Al waaroas..as r -- MEN"'+� ORONO,MN JUNE 15.3021 JUNE T5.corn PROP 220854 JR ® vr..w•w•amn OM • 111/0 LEGAL DESCRIPTION, Lot 137,Spring Park,Hennepin County,Minnesota. GRADING&EROSION CONTROL NOTES: DURING CONSTRUCTION: BEFORE DEMOLITION AND GRADING BEGIN • When din stockpiles have been anted•double row pls.fence shall • V necessary,vehicles,Mat have mud on their wheels,shall be cleaned SCOPE OF WORK&LIMITATIONS: • Install silt fence/bio roll around the perimeter dem construction arca be laced to of laden runoff and if lea« before exiting the site in the rock entrance are. I. Showingthe lm d direction of boundary lines of the 1 description listed above. p pram escape o yi BM'an deny legal P • Sediment control measures mutt remain in place until tutu stabilization cher disturbed are.are to remain in place for more than 14 days,they • Moisture shill h applied to d'utubed area m.mol dust.needed. The scope of our services does not include determining what you own,which is a legal shall be seeded with Minnesota Department of Transportation Seed has been established and then shill be rammed Sediment crawls may • Portable toilet facilities shall be plaid on site for use by workers and matter.Please chock the legal description with your records or consult with competent be removed to accommodate short terns construction activity but mum Mismn 22-111 at I W lb/acre followed by covering spay mWch. shall be properly maintained legal counsel,if necessary,w make sure that it is correct end that any matters of record, be replaced def the nen rain. • A dumpater shill be placed on the site f«prompt disposal of V h bemnus necessary w pump the excaveion during c«atsuction, such.easements,that you wish to be included on the survey have been shown. construction debris.These dunpeters shag be serviad regularly to • 2. Showing the location of observed existing v we deem for the • Atemparary rockcomwn'on entrance shall be established at each pump discharge shill be into Me stockpile areas so the the double silt g g improvemrn necessary ems point to the site and a 6 inch layer of Ito 2 inch rock eemding Prevent overflowing end blowing onto adjumt proyni.Disposal of fence around these areas can filter the water before it leaves the site. momg etleast 50 feet from the street into the site and shill be underlain with solid wastes from Ne site shillmacmrduue with Minnesota Pollution 3 Setting survey markers or verifying existing survey markers to establish the comers of Control Agency requirements. • Temporary mesion control shall be installed no Wer than 14 days after Me permeable pawn le fabric.The entrance shill be maintaiud during the site u first disturbed end shell consist of broadcast ceding with PaoPerty construction by top dressing or washing to prevent tracking or flow of • A separate terminer shill be placed for disposal of hazardous waste. Minna.sers Department and Seed Mixture seeding with A. Existing building dimensions and setbacks measured to outside of siding or stucco. sedimenta onto public sheets,walks or alleys.Potential entrances Mae Hazardous wanes shall be deposed of in accordance with MPGA 100 lb/acrfollowed by ent of th a Wed ch 5. Showing and tabulating impervious surf coverage of the lot for your review and for so protected shall be closed by fencing to prevent unprotected requirements. g w' pray'n the view of such governmental agencies that may have jurisdiction over these are from the siteErosionconsul mentum shown on the erosion control plan are the review • Concrete truck washout shall be in Ne plant lined ditch and dispose of • ,,,,,,,lure W Wmun.The convector shall insult se anh dikes, requirements to verify they are correctly shown before proceeding with construction. • Contractor shell install inlet praection on all existing storm sewer Wets washings m solid waste. teary e 6. Showing elevations on the site at selected locations to give some indication of the laaccordmce with the city standard details.Wrtprotection rhall also sediment tray or basins and additional silt fencing m dinned rue topography of the site.We have also provided a benchmark for your use in determining be provided on all proposed noon sewer inlets immediately following • Sediment consul devices shell h regularly inspected and after major to control crochet �� onlyconstmcti protection must rot a events cod shall h 0„,,,,,,,,.,,d reyired m naasvey to provide elevations for con ion on this site.The elevations shown relateto the onoftha inlet tun be SITE WORK COMPLETION: provided } pow periods dowruveam protection benchmarkon sunny when thatbmher elevations sfor at leastat this other that primoint impound ped dsafc. or in When tutu built.survey shall ncedons completed placement of seed yr before beginning an the survey ohm determining other elevations for use on this site or that presents a hard to vehicular«pedestdan traffic. / • sStrew oahoao deer pu iced it h l pro m inspected re daily ho if liner« req ireoa00 to oourot at grad ngm seroierlyty doiwetonka before begiwing andmetion. soils h.been depnited it shill promptly h removed requirements to insure the grading was properly doe. I This survey has been completed without the benefit of a current title commitment.There • When any remedial grading hos been completed,and or seeding shill be may be existing easements or other rnumbranus that would be reveled by a curtest completed including any erosion control blankets for steep areas. title commitment. Therefore,this survey does not purport to show any easements or / • • When turf is mtebluhcd silt fence and Wet protection and ohm erosion encumbrances other than the ones shown hereon. control devices shill be disposed of and adjacent streets,alleys end % It should be noted that this survey was completed with significant snow coverage on site. walks shall be clewed as needed to deliver a she the is erosion resistant We cannot be certain that all items were observed and loured during the prouu n of / and clean. conducting m ing the survey due to the owuncertaintyver.If thisuncertainty is something you would • Contractor shall maintain positive drainage of s minimum 2%slope like to remove,please expose all improvements and we can return to locate said items,if •�.` away from proposed building needed. qy STANDARD SYMBOLS&CONVENTIONS: 4; ,•'''_.,.....?,' se "•-Denotes iron survey marker,found,unless otherwinoted. 4 -� C Staff annotated y Ai +~� a \\ 411 �� , /,/��, /f /-les'��f( I' ��"`d"� f , --- // 'eK- 91,S Ar, 1 xr// b�� / �-; ',Lg.!'6 Icor,it P / /ca g/ I': /'M'% 474:167p1 W_ ROPOSFD PbI FVATIONS / /, Sqg' As FIRST FLOOR(SUB-FLOOR)=956.69 PRt41 / ./I /`/ �v �.; ,,-0,51.411 xT FENCE TOP OF FOUNDATION a 954.72 - 'yt evs -- ' /'f-// IF/55 J/,{' - O M_ , BASEMENT FLOOR a 946.00 75 foot / / / / F• �� O. //i\ / GARAGE FLOOR 954,50 , /,s-,a/ // • Cm. \ / setback •/ Y%i/ /� .r=ti W / k / \ r s6...-A,. /!••' ,4P:y � ° -.nqe ! +��ray. �_nYar fl �'G-' p'QO `�saertfwtr '• a'}•�� /• x wro e4L-L-- ® "t' OW�f,a :•r r,,..,,if RETAaum woe MMRR/T a-= y�� <�.. og6s'' ^'C I r s1 DR';'..-/At 4 \ ;,e` -�G9 '' I --ca''''' '`•.r42a )I'AIDS'AREA PPAR!Rg5E0— Yf '14�i• �' --- W• tN KR/MICS INV-6160 � RRewnsEa M21xeE�•a axle. .,RRtYgeFO sIERs---' • d6 6j'w 9fyip- �04 , y O• EXISTING CONTOUR 954 '.E•^ ft-- �- • ---EMMC SPo7 fLEV1RW %854.5 'my-ma asam.-` ° Al: - +A.M. PROPOSED CONTOIIR -95.1 r / �` '1 sem. -% DPR2°QSED SPOT ELEVATION 145A5--/.,. 4£0,,,, ,d2 DRAINAGE ARROW-FLOW -=f es ,'Ars/ a.�5o,\'',MST,..aC MILE SRT fENLY/BIO ROLL -�S-Fye- / �5v�� TREE REMOVAL F.X 5 / DATE REVS.taaoamt 2(•r�prM000es00Mo G4@R,M9 MORES q� ' um ovcrv... DA SURVEYED: SREET tn�v Advance470D''1": ., 11"'"'''''''''" PROPOSED SURVEY A7RION FAIOLADECEMBER 22,01 -4- SurvaYro6 Engornarvp,Co. Axis DATE DRAFTED. -Setter nip trot `- 1 2659CASCOPoINTRD .,,,,...•••••,.'-' J ORONO,MNi.e... UNE 15.2022 panne.NoaEn ® w.•.v.>.•... LAME I5 ran 220854 JR 91.1.10F I • PC Exhibit E CmHouse Plans '''',,00==k 1 Utz .,i‘ , s a rim - win. CFA Me = =BEM BIEHEEEB BIBBEE13 me- DO BEI e = _:bier © QIGHT 6DE(NORTH)ELEVATION Z c 1 iNeirLEI r 2 00 h °p 1-- 4 l il r-2 :L; P:i\iliiarj; W Q 0 8 Mil —_- $ a- r w ONT YEAST)ELEVATION O FR h �......=..ud.a.,.a..e...� -- $ I OF XX • • bp1 ....„..........=,•i , 4 _ - rz 11 r p LAIIL ___ /i0, _ 1� _ I r 1 KIIII 11 © .."",LEFT SIDE(8 IJTH)ELEVATION I r 2 7 Z-2 . r1 _ Illglll ,� , IIVI III' `' rz 1 -F I I II . i II III11111111 Ill IIII 1 Y —1111 - SII =1. _ Iiez. ,1 - ti 11111111111111111111111111_ 777 ;, 6 i g 111111 11 1111111i 211 rrz : �. ..�kms_ ® REAR(WEST)ELEVATION OF • 0 I IIE ! 40 2 0 ;i7.2.wl, ■■■❑ ,. ■ tiE. i Fr- a — i l- j � ' s f_ ,. !CLARE FOOTAGE FLAN- LION ZIPPER MIN W LOWER FEL- OM LE TOTAL FM- 46181 W Q 1.1901W GARAGE- 3591 2 i; TEC4/9TOR- 901 STRICT COVER 1W $ BOATIYAL8E- 73851 4 218 '1.M 1*(FLAXII70x) di Q_iM1 LL v' LOUER LEVEL FLOOR PLAN ' 4• ` 4 O • 0 0 II ,,... . , 1 IE 1 — 1 u r1 iI '427 , , IL .�II I 11 sis . v it ■1 14 q • _ - m_>ue i___16 ti ,::� .I _ —{SN.' ii 1 swam FOOTAGE cswtin-1— HAN- 401 I 4 UPPER- IMP O' i ` LOVER FN.- 1319. 40 1 - I r y y l i; TOTAL FN.- 46181 1' i fi4RA E- 399. Z3Z I, L_,L__ MECW9TOR- 318. W @ g r_ —— um'COVER WI y—T) B STI .I I i BOATHOIDE- r». SWUM i I.I - ; 21E11(MAXIMUM OT4iO IOW O y�1 3 S I � I ' \ a$ m..�...e.nw.a.�...vl.n...� y k.M LEVEL FLOOR PLAN CE;) • 0 4T 1 .... II t-- ; I ] s — — — `; $■ --- — 11 i ill 11,=!!,. (I 0. I MAN- 1401. IUPPER- 111684I., La1ER RN- 0791 IV i Mr I TOTAL FELKIe- 1 _1 ••jIG :* ,1 I GARAGE- 1591 t! L'• ( ..�.1�L ��.-.:....�. PEGFVSIOR- DW ... ; eOATl LOVER W/ 0 �__ ; GOATIACUSE- 71591 i -- tiers(MA%R11120%) =1 1 II Y=i IO ��a.00R� Ai"H" SII I II i. - -N = 1 LU ` �� Wig s o k s" t ! l i, I{ it a V % Ci I LL 1 Ora,11101r WM 41.••••111.1•101111.1,MC 0 • IBoat House Plans INT iM Il I ifi 71.1.1.1.2 EmitiAms .1 lininial=1..... ED IBTT.BOATHOUSE/SFED PLANS i r i rill. 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Note:These images are 3d conceptual illustrations.They are not intended to convey exact final design,landscaping,survey information,colors,or materials.Architectural plans,specifications&Survey supersede these 3d illustrations • 0 ''....;3`...'; .• ,. l ,y a r, YP ae.• �'-'"tea .. =:-.; .:Fa �• - a r i 1 Ee RF i i1 1�� (R s _ 1. -14 t_ 1.v ' .,. 2 g �r t•` I VI it .+( ,tipdr. f- _ li f ' -,, ......- k" ,i7... 11!' 10 kr 's •t° ALEXANDER , Faiola DESIGN GROUP 3D Conceptual Illustration Copyright 2022 — Alexander Design Group Inc. ..z,,,,m, Note:These images are 3d conceptual illustrations.They are not intended to convey exact final design,landscaping,survey information,colors,or materials.Architectural plans,specifications&Survey supersede these 3d illustrations • 0 r ' 1'i,fit , , - - 11-= •:•--- .9.. '11,‘'.-',. 7 !k. i� 'T, ,_ t A-V' Qf Yf, ai • ± „ i 6 1y, sJ p.• MAW Ng n'••••••••1 - 1 ,Or ,. 5' w f — 141 11111111 • ,� fiat o- -'-: i,, , 4.. . 411' ' 44 # ' , +IP ..i"..;.,...-.7".,...4.6......,,,,,,- r a.a .+�. V' l.Y 4- `P -_Y�> R.-<R71y1 lel 2A�C r. ' ALEXANDER , Faiola DESIGN GROUP 3D Conceptual Illustration Copyright 2022 — Alexander Design Group Inc. ...6m Note:These images are 3d conceptual illustrations.They are not intended to convey exact final design,landscaping,survey information,colors,or materials.Architectural plans,specifications&Survey supersede these 3d illustrations • • ,--11":1,12:::.1:::: •..rd...if.. 'N-32 4.. ...YR vorbtryir, . —. L • . .."*11.0,11111116.4,1 N. °—•—:., -7, C) • ,11, ------. -. '‘-',.. -., --, ....., - ' rW , •--10.-41,j ,F,END NT 0 ' . - _,..'..., -..:- Nall-,6ORS - ..1; 1 1_,ND5CA.Ttg; ' . ,__=.._..,..,._. . . . , idl.r.10. •v-c--•--- -1--.- . - _ Pigr.,-? - ' - ---,1., : 4ai , ! ,.. „r:,. .... _ I ,i.i • ilk I - 4 1 ..,1 i ; r 41k I 1 11 •• . ' FIVI EIN11711...:..)1 ., -II • , ,......r- - I 1 '. • . . 0 1 1 1 . * a ' 1 I - I t1 et co ck-N-4: i., Otalr0 1-r! ..._, r 1 410 . ..., 0 '0 0 ------- ,1. .5. Do Cc. ii/ICIIII .;:3' ..• •-•d V 0 • ... 1:-Al."._,..).A FP,OJECT ,.,_ 11. .4,14 KALE el,Et r rONCFPTLIAL PLAN 2L•E:('I Cc-Jsco Point R000 OUTDOOR EXCAPES .,, ..., Orono, "11 L.-1.331! MADE-11\E GEER PC Exhibit G City of Orono • °No Hardcover Calculation Worksheet Property Address: 2659 Casco Point Road (our survey 212483) y �z Prepared by: Thomas M. BLoom P.L.S. No. 42379 Date: 6/17/2022 44-t5HO Stormwater Quality Overlay District Tier: (Circle one) Tier 1 Tier 2 Tier 3 Tier 4 Tier 5 Step 1: EXISTING HARDCOVER In the following table identify all items of existing hardcover on the property, keyed by letter to Certificate of Survey (survey must accompany this form). Use as many lines as necessary to accurately depict existing hardcover status of the property. Key to Survey Hardcover Item (Describe) Length x Width Total (Square Feet) (Example) (Garage) (24'x 30') (720) S.F. A House 1,542 S.F. B Bitumiunous Drive 340 S.F. C Front Concrete Walk 379 S.F. D Garage 481 S.F. E Front Retaining Walls 44 S.F. F Conc. Steps-North Side Home 50 S.F. G Shed-South Side Home 76 S.F. H Ret. Wall-South Side Home 7 S.F. I Rear Deck&Steps to Lake 892 S.F. J Rear Shed 267 S.F. K Rear Shed Conc. Patio 204 S.F. • L Rear Retaining Walls 241 S.F. M S.F. N S.F. O S.F. P - S.F. Q S.F. R S.F. S S.F. T S.F. U S.F. ✓ S.F. N/ S.F. X S.F. y S.F. Z S.F. (1) Total Existing Hardcover 4,523 S.F. Excludable Hardcover(See City Code Sec 78-1684) Retaining Walls 292 S.F. Deck/Porch Credit 100 S.F. S.F. S.F. S.F. (2) Total Excludable Hardcover 392 S.F. (3) Net Existing Hardcover 4,131 S.F. (4) Total Lot Area 12,851 S.F. 10 Existing Hardcover Percentage [(3)/(4)] 32.1% • ADVANCE SURVEYING & ENGINEERING CO. I hereby certify that this report was prepared by me or under my direct supervision and that I am a licensed professional land surveyor under the laws of the State of Minnesota. Thomas M. Bloom P.L.S. No. 42379 Step 2: PROPOSED 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. Key to Survey Hardcover Item (Describe) Length x Width Total (Square Feet) (Example) (Garage) (24'x 30') (720) S.F. A House 2,160 S.F. B Concrete Driveway 988 S.F. C Front Porch/Steps 102 S.F. D Ret. Walls-North Side Home 55 S.F. E Ret. Walls-South Side Home 50 S.F. F Rear Deck(Patio Below) 256 S.F. G Rear Deck Steps 40 S.F. H Rear Patio 263 S.F. I Rear Retaining Walls 96 S.F. • J Rear Shed 260 S.F. K S.F. L S.F. M S.F. N S.F. O S.F. P S.F. Q S.F. R S.F. S S.F. T S.F. U S.F. ✓ S.F. W S.F. X S.F. Y S.F. Z S.F. (1) Total Proposed Hardcover 4,270 S.F. Excludable Hardcover(See City Code Sec 78-1684) Retaining Walls 201 S.F. Deck Steps 40 S.F. Pervious Paver Patio 100 S.F. S.F. S.F. (2) Total Excludable Hardcover 341 S.F. 381 (3) Net Proposed Hardcover[Subtract line (2)from line (1)] 3,929 S.F. 3,969 04) Total Lot Area 12,851 S.F. Proposed Hardcover Percentage [(3)/(4)] 30.57% 30.8% Staff Notes • PC Exhibit H . 401 ', '.*4. 4 .. 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' , . *.:ZIN—.' s. 0 PC Exhibit I 38 20-117-23 21 0031 38 20-117-23 23 0021 38 20-117-23 24 0029 MICHAEL J RUSINKO DAVID D GUTERMUTH DUSTIN J KINDL MARY L RUSINKO LYNN J GUTERMUTH CASIE L KINDL . 2565 DUNWOODY AVE 2665 CASCO POINT RD 2649 CASCO POINT RD WAYZATA MN 55391 WAYZATA MN 55391 WAYZATA MN 55391 38 20-117-23 21 0032 38 20-117-23 23 0022 38 20-117-23 24 0030 WENDY W DANKEY ATRION FAIOLA&LISA FAIOLA TIM HANSON 2599 CASCO POINT RD 2659 CASCO POINT RD 1270 ARBOR ST WAYZATA MN 55391 WAYZATA MN 55391 WAYZATA MN 55391 38 20-117-23 21 0035 38 20-117-23 24 0001 38 20-117-23 24 0031 PATRICK FITZGERALD DAVID L RUNKLE PATRICIA REDMOND WEBBER 2598 CASCO POINT RD 2684 CASCO POINT RD 15159 TECHNOLOGY DR. WAYZATA MN 55391 WAYZATA MN 55391 EDEN PRAIRIE MN 55344 38 20-117-23 23 0001 38 20-117-23 24 0002 38 20-117-23 24 0032 GERALD ERICKSON TODD M KIMMES THOMAS&PATRICIA KUBALAK SANDRA ERICKSON 2660 CASCO PT RD 2623 CASCO POINT RD PO BOX 584 WAYZATA MN 55391 WAYZATA MN 55391 WAYZATA MN 55391 38 20-117-23 23 0002 38 20-117-23 24 0003 38 20-117-23 24 0035 ROBERT E BREON DAVID L RUNKLE GARY L&JOAN M MARQUARDT JULIE C BRANDSMA 2684 CASCO POINT RD 2617 CASCO POINT RD 2691 CASCO POINT RD WAYZATA MN 55391 WAYZATA MN 55391 WAYZATA MN 55391 • 38 20-117-23 23 0003 38 20-117-23 24 0004 38 20-117-23 24 0036 BRYANT SLOSS DAVID L RUNKLE JEREME TOM&STEPHANIE TOM KIMLOAN NGUYEN SLOSS 2684 CASCO POINT RD 2601 CASCO POINT RD 2695 CASCO POINT RD WAYZATA MN 55391 ORONO MN 55391 WAYZATA MN 55391 38 20-117-23 23 0004 38 20-117-23 24 0014 38 20-117-23 24 0038 MARY C ENGER&MARK M ENGER LAWRENCE D PILLAR JENNIFER HARRIS 2875 GULF SHORE BLVD N 6827 CARDINAL COVE DR QUINTIN ANDREW HARRIS B-302 MOUND MN 55364 2618 CASCO POINT RD NAPLES FL 34103 WAYZATA MN 55391 38 20-117-23 23 0005 38 20-117-23 24 0020 38 20-117-23 24 0039 SHIRLEY A JUNGELS JEFFREY A SCHUTT JEFFREY&BARBARA ESSEN THOMAS J JUNGELS PIA E SCHUTT 2648 CASCO PT RD 7730 LOCHMERE TER 2750 CASCO POINT RD WAYZATA MN 55391 EDINA MN 55439 WAYZATA MN 55391 38 20-117-23 23 0006 38 20-117-23 24 0021 38 20-117-23 24 0042 JOANN SUE GINKEL JEFFREY LOEHMANN PAUL J'CASTER 2745 CASCO POINT RD SARA JOHNSON 2600 CASCO POINT RD WAYZATA MN 55391 2710 CASCO POINT RD WAYZATA MN 55391 WAYZATA MN 55391 38 20-117-23 23 0020 38 20-117-23 24 0022 38 20-117-23 24 0045 • ZHIHUA LIU&YING LIU DANIEL BUESING/LINDA RUNNING MARC COHEN 2677 CASCO POINT RD 2700 CASCO POINT RD 2697 ETHEL AVE WAYZATA MN 55391 WAYZATA MN 55391 WAYZATA MN 55391 38 20-117-23 24 0046 MICHAEL D REVIER • 2691 ETHEL AVE WAYZATA MN 55391 S • PC Exhibit J Hennepin County Locate & Notify Map Date: 6/22/2022 e 545 33l 2565 ,0r ' )00000,„ • 259r 2599 cm ti0- NC. 2598 041 41 ;Qt f.LI ,D 1111 260n 1617 x1 1623,x/, F 2619/ On 2635 ,• 2645 ix) 2649 2648 T 05, ' 259 :1_654211 i "IF • 2677 , 26,60 CI 2683 111 -- 2664 2691 01 ` 269 Sal (4, 2584 2691 its, 2697 ,•1 (al 2686 2715ar 2706144. RA 11111751 696 2745 1s1 2755 2710 17"r . 114Y t6 g1 2705 26974 2765 f • C1 ; u: 6 2725 C (191 `6� 2750 , , ita1 ,Q2709orono 2773 p�Q, 4o 113. ` 274.5 (*il M 2795 2755 1171 3800 091 2720 2715 (171V. 2776 2765 ?740 MI lils m Buffer Size: 500 0 50 100 200 Feet Map Comments: 1 1 1 1 1 1 1 1 1 2659 Casco Point Rd. This data () s furnished 'AS IS with no representation as to completeness or accuracy, Qi)is fumshed with no warranty of any knd; and (ii) is notsuitable for legal, engneenng or surveying purposes.Hennepin County shall not be liable for any damage,injury • or loss resulting from the data. For more information,contact Hennepin County GIS office 300 6th Street South,Minneapolis,MN 55487/gis.info@hennepin.us • PC Exhibit K REVISED PLANS 07182022 ....7.7.....7.".....""'""%r"."....•..s. .,r..........a.. 1...itw•r r....rww.... w wgl..Yy...rr.....w-- a ..r y teir'"""t. ttre .� w.L..r..n�w... `•4�.w.r..r.w.rt+ irii�iS w r Tana MS.��.�.Y M km.......... .....a.n.r�... r a n...I.YJ..Y Y.ar.w.r...WWW..Y • ua� widr..�i. wwrrwwr.wnr.+..� _ .ww�i..��..�. moi...�.....I�...�...w. ..r wr..... rYN.rr �. w ......w... .a.....iw. .w..wr.F,r Y.r• _ wela • 11) ....tattllYaralitfIlawrIalak ., `. .... // ezJ ./1/ „ - , 1 ,. p.acn nrw . irp . 6 V. -//if/0/•li .......i•9464446, - / 3 et-eticgtiz 1.422112 ---'"--- .,�,�� — - i i t..:: .. .a Y Y.w..,...... -- ..........: +,ALL .u. — wr.uw, ,,TRIO,,,rvau Advance ..90CANOI•0047 RA ORO.MY sr` ,, 411 • LEGAL DESCRIPTION: Lot 137,Spring Park,Hennepin County.Minnesota. GRADING @ EROSION CONTROL NOTES: DURING CONSTRUCTION: BEFORE DEMOLTIION AND GRADING BEGIN • When din stockpiles have been created,a double row of silt fence shall • Ifnaes'ssary,vehicles,that have mud on their wheel,shall be cleaned SCOPE OF WORK&LIMITATIONS: • Install silt fence/bio roll around the of comwvon area be laced to of Iden runoff and if the les or before exiting the site in the rock entrance areas I. Showingthe length d direction of boundary lines of the 1 descri listed above. perimeter o p ed area are o Mies gth an dory ,gal ptron t oiler disturbed ter arc to remain in place for more then 14 days,they • Moisnm shall be applied to dumbed areas to control dust m needed. The sun f our services does not include determinist hal • Sediment control measures mus remain m place unit f al stabilization pe o B w you own,which is a legal has been established and then shall be removed.Sediment crawls may shall be seeded with Minnesota Department of Transportation Sed Portable toilet facilities shall be placed on site for use by workers and matter.Please check the legal description with your records or consult with competentbe removed to accommodate Short won construction activity but mart Mixme 22-111 n 10016/acre followed by covering with spray mulch. shall be properly malmaincd legal counsel,if necessary,to make sure that it is correct and that any matters of record. be replaced before the nen rain. • A dumpster shall be pled on the site foe prompt disposal of such as easements,that you wish to be included on the survey have been shown. construction debris.These danceters shall be serviced regularly to • If n becomes necessary to pump the excavation during construction. • A temporary rock construction and on entrance shall be established a,each pump discharge shall be into the stockpile areas so that the double silt 2. Showing the location of observed existing improvements we deem necessary for the ac: prcvem ovdlowing and blowing onto djuentpropenies.Dupo.al of sea point to the site and a 6 inch layer a 1 to 2 inch rock encoding fence wound these mem em filter the water before it leaves the site. Ney' et lent 50 feet froDi Ne prat int°the site and shall be underlain with solid wanes from the site shall in accordance with Minnesota Pulhaion 3. Setting survey markers or verifying existing survey markers to establish the comers of permeable geotextile fabric.The entrance shall be maintained during Control Agency aqu'remen s' • Temporary erosion consul shall be installed no later than 14 days after the property. omwaion by top dressing et washing to prevent tracking or Bow of • A separate comalnar shall be placed for disposal of hazardous waste. the site is first disturbed W shall consist of broadcast seeding with 4. Existing building dimensions and setbacks measured to outside of siding or stucco. sediments onto public streets,walks or alleys.Potential entrances that Hazardous wastes shall be disposed of in accordance with MPCA Minnesota Deed by coveent ring with spray gad Mixture 22-111at100 i. Showing and tabulating impervious surface coverage of the lot for your review and for ere not so protected shall be closed by fencing to prevent unprotected requirements. Ib/acre followed by covering with spay mulch. the review of such governmental agencies that may have jurisdiction over these exit from the site. • Erosion meant measures shown on the erosion consul plan are the t theym erect) h before with coo Ins no. • Concrete truck washout shall be in the plastic lined ditch and dispose of shoal,,,,rmnanurn.The contractor shall imW l temporary esnh dike.. requirements o verify are correctly shown proceeding wi • Contractor shall install inlet protection on all existing swim sewer inlets washings m solid as sediment sups or basun and additional silt fencing m deemed news.,b. Showing elevations on the aim at selected locations to give some indication of the inaccordancewith airy standard details.Wcta protection shall oho Sediment control devices shall be regularly inspected and after major to control erosion topography of the site.We have also provided a benchmark for your use in determining be provided on all proposed atom,sewer inleta immediately following rainifall eventa sed shall be cicSee ed rtpaired as necemery to provide elevations for cdedtian on this site.The elevations shown relent only to the eauwaionufthe inlet Wet protection must be Installed m a Dimmer dowmtrem SITE WORK COMPLETION: protection. • When furl has been completed bed before) faced or benchmark provided on this survey.Use that benchmark and check at lean one other thn will not impound water for extended periods r of time or in a mamma grading pee placement w feature shown on the survey when determining other elevations for use on this site or that pexis a hazard to vehicular or pedestrian traffic. • Streets and other public ways shall be inspected daily and if liner or sod m"as Ostumam survey shall be dao per City of Minnetonka before beginning construction. soils has been deposited it=hall promptly be removed. requirements to ithat grading was properly done. 7. This survey hen been completed without the benefit of a current title commitment.There • When any remedial grading has been completed,sod w seeding shall be may be existing easements or other encumbrances that would be revealed by a current completed including any erosion consul blankets for steep meas tide commitment. Therefore,this survey don not purport to show my easements or / • • When turf isastabluhd,sit fence and inlet protection and other erosion encumbrances other than the ones shown hereon. control devices shall be disposed of and adjacent strews,alleys and h. It should be noted that this survey was completed with significant wow coverage on site. walks shall he cleaned as needed to deliver a site that is erosion resistant We cannot be certain that all items were observed and locatd during the process of and clears conducting We survey due m the wow cover.If this uncertainty is something you would / • Contractor shall maintain positive drainage of a minimum 2X slope like to remove,please expose all improvements and we can return to locate said items,if away from proposed building needed. gyp STANDARD SYMBOLS&CONVENTIONS: p, • e%. `` '•'Denotes iron survey marker,found,unless otherwise noted. u� /cwtry \\ •..., r, 4\, , r////,,;`--y \' Ill sit • •' ;/ %''-'-ret %�:.�7nj'ha ,�(`-M y7r�:sss2G' �.... PROPOSED FI FVATION4 °�'y'// /b �m --....7/ /,' ///v�N' � OB° *1_4 FIRST FLOOR(SUB—FLOOR)=956.69 T�)g8 h ` /"4 ./, ' /`/ wA. frwsTAu.m.T rrrrr TOP OF FOUNDATION=954.71 -,.sv -'- t% Q 7y,/a/// ii c V ,11,‘,...„° a; BASEMENT FLOOR=946.00 t n '/ / •//I e' ,�\- ,_,,,,pr. / GARAGE FLOOR=954.50 4111 •''//{/ /1,1/y1// / // 'w ;Mt14 '9v m. / // .9/4'/ '0/ /qtr a \ 4 -. '. .�,\ / ----____ ,01,-. ...,..41.,474,,,,:, ,,/ A e...4.,/ ,e,..„..,, .. _...,.,,... , ______„,. .,„r„,„,...... ..47 4- A.,p \ .:r:,d.' ' •,. '..e,,,.. .ecUM.c.RAU da w � • 1.5h1":• \\ C ``E I, •�..LPh.7ROE' i'SIXb ROK-�'•'-... a� qy "�4ta J]'Ams AREA P AM"Rgl�A51.0-"'..ea:of �\ `�t Z'?_�f J 1‘;‘.3. NfF PER NORY WV 9.480 o.N LEGEND rnrnasen rnxe—;Y 69,4--.1b , g a o,� E37$73W CON7OLM ___gig___ 5' „,,D,,,----/ARG UG.".:-•,S 6•78:49 1. .\R`.'.... N dr A.N Po1i-9551 E• \�pfe yar \2a EXISRNG SPOT 0EEVADXW x 0'54.5 Y., war-950.9 95.4m.' �. a \ PROPOSED CONTOUR —95.4— sssm , .-- X4 R 0` 63tu, a PROPOSED SPOT flfvATKW .95/,5-' %9M±,.. `qts (Ox`. DRAINAGE ARROW-FLOW -moi 'ma / fAl ocorott Sgs FA.” SILT FENCE/910 ROLL SF / GQ' TREE REMOVAL 0 / DATE n0V oIENTAIpn guts CLIEMIABACORE98 a io�n�n uma�nvwrma pore suevonEO asoTtri Sao NO 7-1R-2.2 UPDATED PROP.DESCRIPTOR pit fwAY.NET.WALLS.STEPS4 Advance n _ PROPO E ATRION PAIOLA ��BE 32 , PROPOSED SURVEY 1 ORTE T SIZE slwvad'hpS Eroireaarn.Co. /C//y 1 2659 CASCOPOLNTRD. `a OOL ORONO,MN Anon t5,2022 o 32 "uaBER re.r s zmn 220854 JR ...N m • • City of Orono 15---iiL,C, Hardcover Calculation Worksheet Property Address: 2659 Casco Point Road (our survey 212483) �Z Prepared by: Thomas M. BLoom P.L.S. No. 42379 Date: 7/18/2022 Stormwater Quality Overlay District Tier: (Circle one) Tier 1 Tier 2 Tier 3 Tier 4 Tier 5 Step 1: EXISTING HARDCOVER In the following table identify all items of existing hardcover on the property, keyed by letter to Certificate of Survey (survey must accompany this form). Use as many lines as necessary to accurately depict existing hardcover status of the property. Key to Survey Hardcover Item (Describe) Length x Width Total (Square Feet) (Example) (Garage) (24'x 30') (720) S.F. A House 1,542 S.F. B Bitumiunous Drive 340 S.F. C Front Concrete Walk 379 S.F. D Garage 481 S.F. E Front Retaining Walls 44 S.F. F Conc. Steps-North Side Home 50 S.F. G Shed-South Side Home 76 S.F. H Ret. Wall-South Side Home 7 S.F. I Rear Deck&Steps to Lake 892 S.F. • J Rear Shed 267 S.F. K Rear Shed Conc. Patio 204 S.F. L Rear Retaining Walls 241 S.F. M S.F. N S.F. O S.F. P S.F. Q S.F. R S.F. S ' S.F. T S.F. U S.F. ✓ S.F. W S.F. X S.F. Y S.F. Z S.F. (1) Total Existing Hardcover 4,523 S.F. Excludable Hardcover(See City Code Sec 78-1684) Retaining Walls 292 S.F. Deck/Porch Credit 100 S.F. S.F. S.F. S.F. (2) Total Excludable Hardcover 392 S.F. ) Net Existing Hardcover 3r 4,131 S.F. Total Lot Area 12,851 S.F. Existing Hardcover Percentage [(3)/(4)] 32.1% ADVANCE SURVEYING & ENGINEERING CO. • I hereby certify that this report was prepared by me or under my direct supervision and that I am a licensed professional land surveyor under the laws of the State of Minnesota. ��t o rru C8eo-cv-m Thomas M. Bloom P.L.S. No. 42379 Step 2: PROPOSED 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. Key to Survey Hardcover Item (Describe) Length x Width Total (Square Feet) (Example) (Garage) (24'x 30') (720) S.F. A House 2,017 S.F. B Concrete Driveway 1,022 S.F. C Front Porch/Steps 69 S.F. D Ret. Walls-North Side Home 49 S.F. E Ret. Walls-South Side Home 50 S.F. F Rear Deck(Patio Below) 224 S.F. G Rear Patio 263 S.F. H Rear Retaining Walls 96 S.F. I Rear Shed 260 S.F. S.F. • K S.F. L S.F. M S.F. N S.F. p S.F. p S.F. (� S.F. R S.F. S S.F. T S.F. U S.F. ✓ S.F. W S.F. X S.F. y S.F. Z S.F. (1) Total Proposed Hardcover 4,050 S.F. Excludable Hardcover(See City Code Sec 78-1684) Retaining Walls 195 S.F. Pervious Paver Patio 100 S.F. S.F. S.F. S.F. (2) Total Excludable Hardcover 295 S.F. (3) Net Proposed Hardcover[Subtract line (2)from line (1)] 3,755 S.F. • (4) Total Lot Area 12,851. S.F. Proposed Hardcover Percentage [(3)/(4)] 29.22% • r i _ I - ill I I „,,,,..„,..„ o �j0; sky _ 1 tk e \!� �❑ Vii; I1T 11 ©; Row ?� iu. — ' • �� "_ ...=.."..". • w ,> i EINI i d � - .. X11, 11 a ei Ea z _.. 1 1 IaIIARE FOOTAGE AN Q a 16190 - LOITER FN- Q921 III TOTAL Pit- 45401 0W Q GARAGE- 1191 0 RE HELM/51'0R- 1591 Q$ GA))R f STRICT LOSER W/ R'py3 qd BOAI)EUEE- 15101 U 1014(MA U1J11 110 -e)U IL a" LL oorr+m LOWER LEVEL FLOOR PLAN ' �//`// .mart�en..l..K.r.�.ew o.7.....G / 0 • _ r1 r t u .,......,. , . . 1 1 OM II 1 •I lie ` r i [ ] ,Ili — II 1 -W- 1,i' l'il II WRIV a 1 ,1 I 1 ' P till I. — w -1tt Ma - el . - El ' ." fat SOME� I Ii ••• nnnnnnn i'Ii•.s : !QUARE FOOTAGE --I— it MAN- 12991 I UPPER- WS. SOS 13 Z i LOUER Rai- 2221 I . • i TOTAL FN.- 43-10$ W L— -- 1 GARAGE- 91 z ii _IL YECWBTOR- 2521 W iE il SWUM I I i /MEET ER W/ r I 1 20IA BOE- 15101 N 1 20D1 R -u1 201) < Ii I iI 4 1 ii p§$ Z \ LL '-Ix lam' \I — ® SMV LEVEL FLOOR PLAN j ....,,,...„............o.............. • • 0 MG= , IIE 1 —A (sem'! _ _ gi ` ""' f0 • �_ 1 j \ OEW _L..) � UPPER SW.MVO LEVEL FLOOR PLAN _r SQUARE FOOTAGE u1 v` v d16 HAN- IMO W UPPER W91 Q � ■ LOVER FN- Q171 k `, I TOTAL FRL- 43401 ^rti I , "'AI. - 1B1 _ I d 4�1—, , i hECWETOR- 7974 J p j i. IT : STRICT COVER 111/ 0 i 3 L.- 1 �J BOATNCUEE- 79101 Q 10.03(MAXIMUM 20.IE* 1? LL Y 6 OF • COMM,2.10,11.0•01.•DM.Wei.s 0 PC Exhibit L • From: Dustin Kindl To: Melanie Curtis Cc: Casie Kindl;afaiolaCa�northoortfundina.com Subject: 2659 Casco Pt Rd-variance application Date: Friday,July 15,2022 2:03:23 PM Hi Melanie. We live in the home next door to 2659 and share the north property line that runs east/west. I am writing to let you know that my wife (Casie) and I fully support Atrion and Lisa'a plans to build their new home. Furthermore,we support their hardcover overage variance request. We did not have a chance to sign the form previously submitted with their plans for your review, so I wanted to send an email to let you know. Please let me know if there is anything else we could do that would be helpful to you supporting their variance application and recommending it be approved. Thank you! Dustin Kindl 2649 Casco Pt Rd • Orono MN 55391 612-414-2889 • • • Date Application Received: June 22,2022 Date Application Considered as Complete:June 22,2022 "�O/�jO 60-Day Review Period Expires: August 21,2022 i To: Chair McCutcheon and Planning Commission Members y Adam Edwards, City Administrator G. 'IkESHO From: Laura Oakden, Interim Community Development Director Date: July 18, 2022 Subject: #LA22-000038, Dennis Walsh, 1354 Rest Point Circle,Variance, Public Hearing Application Summary: The applicant is requesting a variance to construct a new retaining wall with minor footprint expansions within the lakeyard setback. Staff Recommendation: Planning Department Staff recommends approval. Background The property has an existing timber retaining wall that is failing. Pursuant to City Code 78- 1726(6), an emergency slope repair request was approved at the City Council on June 27, 2022 to address the wall failure (Resolution 7273, Exhibit C).The applicant has proposed to construct a new retaining wall directly in front of the existing wall to create the required support for the • existing slope. The repair creates a new footprint expansion within the 75' lakeyard.The applicant's engineer provided drawings and an analysis stating the slope failure is imminent without the proposed project.The applicant has applied for a building permit to construct the wall.The project is shown to cross over the property boundary onto 1366 Rest Point Circle. The owners of 1366 Rest Point Circle have provided an email of approval for the work to be completed within their property, Exhibit F. Practical Difficulties Analysis Applicant Submittal Information:The applicant has identified the failing retaining wall and protection of the hill side as practical difficulties supporting the requested variance. Additionally,they have provided supporting documentation regarding Practical Difficulties attached as Exhibit B, and should be asked for additional testimony regarding the application. Planning Staff Practical Difficulty Analysis: Regarding practical difficulty,Staff finds the existing conditions of the retaining walls and the hillside are practical difficulties which support the variance request. The new retaining walls would support and protect the slope. Staff would recommend additional screening of the walls to preserve the natural vegetated view from the lake. LOT ANALYSIS WORKSHEET Section 78-1279—Setbacks: The existing retaining walls are tiered down the slope to create stair access and support the hillside of the property. The bottom wall is located approximately 6 feet from the OHWL. The proposed retaining wall repair will be located one foot in front of the existing wall creating an • estimated 5 foot setback from the lake. No retaining walls are permitted within the 75 foot LA22-000038 July 18,2022 Page 2 of 4 • lakeshore setback. Section 78-1680—Hardcover Calculations: Retaining walls are exempt from hardcover totals for the property. Retaining walls are excluded from the hardcover calculations. Applicable Regulations: Lake Setback Variance (Section 78-1279) Retaining walls are not permitted within 75' of the lake,therefore the applicant is requesting a setback variance.The applicant's plan involves adding a new timber wall directing abutting the existing wall to create the additional support required to preserve and protect the hillside. Governing Regulation:Variance (Section 78-123) In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. §216C.06, • subd. 14,when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located.The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. According to MN §462.357 Subd. 6(2)variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance. Preserving and protecting the existing slope in the lake yard is in harmony with the intent of the ordinance. The proposed retaining walls will be screened with vegetation to maintain the rural nature of the lake. 2. The variance is consistent with the comprehensive plan. The proposed retaining walls will help to maintain the integrity of the slope and protecting the slope from catastrophic failure.The proposal 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 owner proposes to install retaining wall improvements which are residential in nature and reasonable from a residential scope. b. There are circumstances unique to the property not created by the landowner; The owner has proposed retaining walls to protect against failure of the slope. The existing slope of the lake yard was not the result of actions by the owner; and c. The variance will not alter the essential character of the locality. There are existing retaining walls in the lake yard slope area. The variance to permit • LA22-000038 July 18,2022 Page 3 of 4 • additional retaining wall structure within the 75-foot lake setback will help to maintain the existing slope and character of the area. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination. 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as 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 residential improvements are permitted to support a residential use in the LR-1B District. 7. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling.This condition is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The slope of the property combined with the pre-existing improvements are unique conditions affecting the subject property. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The property's slope instability combined with the existing improvements create conditions which do not apply to adjacent properties. 10. The granting of the application is necessary for the preservation and enjoyment of a • substantial property right of the applicant.Granting a lake setback variance to allow the retaining walls within the 75-foot lake setback is reasonable and necessary to preserve the property rights of the owner and supported by the vulnerable lake yard slope on the property. 11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. Granting the lakeyard setback variance allowing the retaining walls within the 75-foot lake setback will not adversely impact health, safety, comfort or morals, or in any way be contrary to the ordinances. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The proposed wall repairs within the the lakeyard will preserve the integrity of the slope and there are no conforming locations for the retaining walls which would protect the slope. Preserving the existing wall is necessary for the protection of the slope and the lake. The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Engineer Comments: a. This Application: The applicant has provided a letter from a licensed engineer, Ronald Vickery, with the assessment that a slope failure is imminent. Further the same engineer has • provided a plan for stabilizing the slope using retaining wall in front of the failing existing walls and installing soil anchors. I believe the proposed fix does address the potential slope failure. In LA22-000038 July 18,2022 Page 4 of 4 this particular instance the proposed emergency repair appears to also be the proposed • permanent repair. Therefore my recommendation for council to authorize the emergency repair in a timely manner but is not a recommendation to forgo the normal requirements associated with improvements in the lakeyard/75foot setback for the permanent structure which should still follow. Public Comments To date, no public comments have been received. Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? 2. Does the Planning Commission find that the variance(s), if granted, will not alter the essential character of the neighborhood? 3. Does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested variance(s)? 4. Are there any other issues or concerns with this application? Planning Staff Recommendation Planning Staff recommends approval of the requested variance. List of Exhibits Exhibit A. Application Exhibit B. Practical Difficulties Documentation Form • Exhibit C. Resolution 7273 Emergency Slope Repair Exhibit D. Proposed Site Plan And Engineered Drawing Exhibit E. Engineer Letter Exhibit F. Neighbor's Permission for Work Exhibit G. Property Owners List and Map • Letter View PC Exhibit A Land Use Application Summary LA22-000038 •plication Date: 06/22/2022 Address: 1354 Rest Point Circle Orono, MN 55364 Parcel Number: 0711723320062 Land Use Number: LA22-000038 Application Submitted By: Property Owner Owner: Name: DENNIS WALSH/AMANDA HEIEN Address: 1354 REST POINT CIR MOUND MN 55364 Applicant: Name: dennis walsh Company: Address: 1354 Rest Point Circle orono, MN 55364 ftkdenny@gmail.com Contact Information: Associated Contact: Associated Contact: • Associated Contact: Associated Contact: Project Description: Slope failure Land Use Application Type: Amendmend Application 0 Appeal of Admin Decision 0 Concept Application 0 Conditional Use Permit 0 Site Plan Application 0 Subdivision Application 0 Subdivision Exception 0 Vacation Application 0 Variance Application 0 aA-) Applicant Signature: S file:///C/Users/loakden/Downloads/Land%20Use%20Application%20Summary%20(22).htm[7/7/2022 7:18:40 AM] Letter View [PC Exhibit B PRACTICAL DIFFICULTIES DOCUMENTATION FORM !LA22-000038 LA22-000038 • 1. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter. Response: The existing retaining wall is failing and a new wall is needed to prevent the hill from sliding into the lake. 2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. Response: The existing retaining wall is failing and a new wall is needed to prevent the hill from sliding into the lake. 3. The variance, if granted, will not alter the essential character of the locality. Response: Correct 4. Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter. Response: agreed 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 116J.06, Subd. 2, when in harmony with this Chapter. • Response: The existing retaining wall is failing and a new wall is needed to prevent the hill from sliding into the lake. 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: ok 7. The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. Response: n/a 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. Response: yes 9. The conditions do not apply generally to other land or structures in the district in which said land is located. Response: yes 10. The granting of the application is necessary for the preservation and enjoyment of a 11111 substantial property right of the applicant. file:///C/Users/loakden/Downloads/Practical%20Difficulties%20Documentation%20Form%20(l8).htm[7/7/2022 7:18:39 AM] Letter View Response: yes The granting of the proposed variance will not in any way impair health, safety, comfort, upbra or in any other respect be contrary to the intent of the Zoning Code. Response: correct 12. The granting of such variance will not merely serve as a convenience to the applicant but is necessary to alleviate demonstrable difficulty. Response: correct • file:///C/Users/loakden/Downloads/Practical%20Difficulties%20Documentation%20Form%20(18).htm[7/7/2022 7:18:39 AM] PC Exhibit C LA22-000038 SONCITY OF ORONO RESOLUTION OF THE CITY COUNCIL *,114 ; NO. 7273 kESHO A RESOLUTION APPROVING AN EMERGENCY SLOPE REPAIR PURSUANT TO MUNICIPAL ZONING CODE SECTION 78-1726 WHEREAS, on June 9, 2022, Dennis Walsh (hereinafter the "Applicant"), pursuant to City Code 78-1726, applied for authorization to proceed with an emergency repair to the lake slope on his property addressed 1354 Rest Point Circle and legally described as: Lot 11, Subdivision of Lot 14 Rest Point Park, Lake Minnetonka and Lot 13 Subdivision of Rest Point Park, Lake Minnetonka, Hennepin County, Minnesota (hereinafter the"Property"); WHEREAS, the Applicant submitted documentation from a licensed professional • engineer which indicates the failure of the current lake yard slope on the Property and the existing retaining walls is imminent; and WHEREAS, the Applicant has made a request to the City of Orono for an emergency slope repair pursuant to Orono Municipal Zoning Code Section 78-1726; and WHEREAS, on June 9, 2022, a corrective restoration plan was provided by the Applicant's licensed professional engineer to correct and reinforce the existing failing retaining walls; and WHEREAS, the engineered plans proposed an expansion of the existing retaining wall footprint within the 75' setback from the ordinary high water level (hereinafter the "OHWL") of Lake Minnetonka where no walls are permitted and existing walls are failing; and WHEREAS, due to their proximity to the OHWL the new, reinforcement retaining walls will require a setback variance from City Code section 78-1279; and WHEREAS, on June 27, 2022, the City Council reviewed the request, the engineered plans, and the recommendations of the City staff; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves the requested emergency slope repair including new engineered retaining walls as described above based on one or more of the following findings of fact concerning the Property: 1 • -OAT CITY OF ORONO RESOLUTION OF THE CITY COUNCIL A� Cl NO. 7273 `-i"ESHO FINDINGS OF FACT: 1. The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the above mentioned meetings, and any and all other materials distributed at these meetings are hereby incorporated by reference. 2. The Property is located in the LR-1B Zoning District. 3. The Property contains 0.71 acres in area and has a defined lot width of 125 feet. 4. The Property is within Tier 1 and hardcover is limited to 25% according to the Stormwater Quality Overlay District. 5. The Property contains existing timber walls within the lake yard 75-feet from the OHWL • which have been determined to be under imminent threat of failure confirmed by a licensed professional engineer. 6. The Applicant has requested consideration for an emergency slope repair pursuant to City Code Section 78-1726. Engineered plans were provided which demonstrate the proposed corrective action. 7. Retaining walls are not permitted within 75-feet of the OHWL; installation of new walls require City Council approval of a lake setback variance. 8. In considering this application for emergency slope repair, the Council has considered the advice and recommendation of the City Staff and the effect of the proposed emergency slope repair 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. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants approval to proceed with an emergency slope repair pursuant to Orono Municipal Zoning Code Section 78-1726 to allow the repair of the existing retaining walls including installation of new retaining walls according to the approved plan, subject to the following conditions: 1. Council approval is based on the entire record, above Findings. • 2 �-OArO CITY OF ORONO • RESOLUTION OF THE CITY COUNCIL y- G4` NO. 7273 `�kESHO 2. The approved emergency slope repair shall conform to the submitted plans (hereinafter the "Plans") submitted by the Applicant and annotated by City staff, attached to this Resolution as Exhibit A. 3. Any amendments to the emergency slope repair which are not in conformity with City codes may require further Planning Commission and City Council review. 4. A building permit must be issued before work can commence on the emergency slope repair. 5. The Applicant shall apply for and receive an after-the-fact variance from City Code 78- 1279 prior to finalization of the building permit for installation of the walls. 6. Authorities granted by this resolution run with the Property not with the Applicant, but are permissive only and must be exercised by obtaining a variance and building permit for the Plans. A building permit must be applied for within 60 days of the date of Council approval, • or the action will expire after August 26, 2022. 7. Violation of or non-compliance with any of the terms and conditions of this resolution may result in the termination of any authority granted herein. ADOPTED by the Orono City Council on this 27th day of June, 2022. ATTEST: CITY OF ORONO: Anna Carlson, City Clerk Aaron Printup, Acting Mayor • 3 • PROPOSED TIMBER RETAINING WALLS R 7273 Exhibit ionA 1354 REST POINT CIRCLE MOUND, MINNESOTA GENERAL NOTES 1. Soil strength parameters for this project were assumed based one review of soils viewed by VEC at the project area and Information from the diem. It is the responsibility of the owner or owners representative to verify the soil strength parameters provided are representative of the soils available for wail construction. If the soli strength parameters are found to be inconsistent with those used by VEC during the design,this design is no longer valid and h is the responsibility of the owner or owners representative to notify VEC so the retaining wall system can be redesigned.Failure to notify VEC may result In failure of the retaining wall. 2. Design Soli Parameters: a.Retained soil: Imported/on-site day(CL) phi=27 degrees gamma=125 pd. b.Foundation soil: Imported/on-site day(CL) phi=27 degrees gamma=125 pcf. This set of timber retaining wall plans are based on she measurements at the site,as directed by the dlent.If other plans are produced that contain different Information than that referenced,this plan may need to be revised and/or the wall may need to be redesigned. 4. This set of timber retaining wall plans am based specifically on the wall being constructed with 6"by 5"timbers and Manta Ray soil anchors. Absolutely no substitutions allowed. 5. Location of the timber retaining walls in relation to property lines,utility easements,watershed easements,or any other type of easements are the responsibility of the owner or the she civil engineer.VEC assumes no liability for the location of the retaining wall,or if construction of the proposed retaining wall encroaches any property lines or easements. 6. It is imperative that the site surveying of the timber retaining wall be done by the site civil engineer or surveyor and must be based on computer generated site/grading plans and not profile plans done by VEC.Surveying of the retaining wall must take into account the design batter Indicated on the enclosed plans and details.Failure to take into account wall batter for timber retaining wall surveying will produce incorrect locations of all SHEET I NID E X top of walls and shall be corrected at no cost to VEC. SHEET NO. SHEET DESCRIPTION 7. Wall geometry,locations,slopes and surcharge loads for the timber retaining walls were assumed from the information referenced above.If conditions vary greatly in the field from those shown In these plans,VEC must be notified prior to construction of the retaining wall to review the WI TITLE PAGE 6 WALL NOTES design and/or plans.Modifications to the design and/or plans may be required after the review,and may take up to ten business days to complete. Minor modifications can be made In the field by VEC during construction. W2-W3 WALL ELEVATION VIEWS 8. If there are discrepancies between any information on these plans end information in any project specifications,the more restrictive information W4 SECTIONS AND DETAILS takes precedence.Please refer to the Manta Ray installation instructions for additional information. /'U' PROPOSED TIMBER RETAINING WALLS SCALE o SHEET: 0F: ENT: OC VickeryEnw.ineeringg&Consulting,LLl 1354 REST POINT CIRCLE I W� I ,+ !COLO'unERDREAT1oNG NLINITEO I+++1 Viila a Woods Drive VERIFY LINE ABOVE MEASURES I HEREBY CERTIFY THAT THIS PLAN,SPECIFICATIONS,OR MOUND, MINNESOTA NONE -INCH. IF 0 DOESN'T,ADJUST REPORT WAS PR' RE• NE OR •CI NY•IONS, EdenPu e,MN 57547 TITLE PAGE AND GENERAL NOTES SCALE ACCORDINGLY SUPERVISION A A DUc SED:'OFESSIONAL Phone:95z.r63•az7z ENGINEER �A S• HE MINNESOTA. REV: DATE: DESCRIPTION. VEC PROJECT NO VEL 21-230 /� www.viCl[ertJens.fAm DRAWN BY: VEC /� ._ou V.I�.y C^a^==�s•Co.u,y,LLC REVIEWED BY. 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A TEMPORARY BENCHMARK WAS USED FOR THE DESIGN OF THE RETAINING WALLS. THAT BENCHMARK WAS THE TOP OF THE EXISTING UPPER WALL,ASSUMED - INDICATES APPROXIMATE LOCATION 100.0. ALL ELEVATIONS SHOWN ARE ® OF 90-DEGREE CORNER BASED ON THAT BENCHMARK. (/ v PROPOSED TIMBER RETAINING WALLS SCALE: SHEET: �^ IOF: 4 CLIENT: Vickery Engineering&Consulting,LLC 1354 REST POINT CIRCLE �� L BOULDER CREATIONS UNLIMITEC 11++I Village DriveI HEREBY CERTIFY THAT THIS PLAN,SPECIFICATIONS,OR s MOUND, MINNESOTA 5 2,5 0 5 10REPORT WAS PR • RE•BY ME OR •ER MY•IRECT Eden Praise,MN 333+7 SCALE: I o S SUPERVISION A A OU IC SED;'OFESSIONAL WALL ELEVATION VIEWS Phone:932-t63-et2J2 ENGINEER E STr50TA. REV: DATE: DESCRIPTION: VEC PROJECT No VEC 21-230 //� .,w..�ickeryengcom DRAWN BY: VEC / us V.•Lay Ga^�^sc CO•.•le.s LLC REVIEWED BY: RWV / RRIO ....0007,..."-- /7,/1".- _-_'- ` ^ DATE: 6/4/2022 DATE: 6/4/••'REG.NO.: 24065 / • • MP 96-r BEHj51ff�q�i__ 96 102— 7 �i�ABB-BENlND-1�A6L I7-102 95-� C —C TOP,OF7NRLtI 95 101-t -I + F -Ty=EDF-11CALL___�101 94 F ~ wi w ~- H 4 100 1 T EIRE. 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LOCATIONS OF CORNERS SHOWN ARE APPROXIMATE AND SHOULD BE VERIFIED IN THE FIELD DURING CONSTRUCTION. ACk ® - INDICATES LOCATION OF SECTION CUT 2. A TEMPORARY BENCHMARK WAS USED FOR THE DESIGN OF THE RETAINING WALLS. THAT BENCHMARK WAS THE TOP AIEII OF THE EXISTING UPPER WALL,ASSUMED - INDICATES APPROXIMATE LOCATION 100.0. ALL ELEVATIONS SHOWN ARE ® OF 90-DEGREE CORNER BASED ON THAT BENCHMARK. Vickery Engineering t+Consulting, PROPOSED TIMBER RETAINING WALLS SCALE: SHEET: OF: /. CLIENT: y E s C g,LLCM 1354 REST POINT CIRCLE IMENNONNIW3 T BOULDER CREATIONS UNLIMITED 1+841 Village Wood.DM, MOUND, MINNESOTA 5 2.5 0 $ 10 I REPORT WASHEREBY IPR FY THAT THIS PIE OR SPEER IMY TIO ECT R EA.,'rr i�e,MN 3»+J WALL ELEVATION VIEWS SCALE: I'= 5' SUPERVISION A - A DU IC 'SED%'OFESSIONAL Phone 93z-t63a2J2 ENGINEjjAS. HE STr /MINNESOTA. 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II II I I II II =IT= ■. �rnJ11111n1rlr11N1111111III-II II IICIInlrll`Y�n4nKgIitaliJ liiCIInuCn. l l 9 I nII; TIMBER WALL : N 1�1 ll:-L II LL ll L 11. IL ll=1116146.441#14114411f, 11161 ll ll II IL ll IFI I ll=n • S n LL n n n n n nPn�`n�`i1�`n n n n n n I n-n- ®CONSTRUCTION SEQUENCE I I=t OT TO scAl.n -IIPII II II-11'�0� "IIII II.ILII-11 I I II: 11-1111 I I=. ®TIMBER WALL TYPICAL•A CROSS-SECTION AT SECTION CUTS SHOWN \ ALE In 1 / V leery Engineering s LLC" PROPOSED TIMBER RETAINING WALLS SCALE: 0 I SHEET: OF: / CBOULOER CREATIONS UNLIMITEC �n ineerin b ConsuItin I I W4 •+ 1354 REST POINT CIRCLE As VERIFY LINE ABOVE MEASURES 1 HEREBY CERTIFY THAT THIS PLAN,SPECIFICATIONS,OR 1+441 Vinare Wood,ET;..c MOUND, MINNESOTA I-INCH. IF IT DOESN'T,ADJUST REPORT WAS PR- RE.BY ME OR •ER MY•IRECT EdenPTai e,MN 33)+7 SECTIONS AND DETAILS SHOWN SCALE ACCORDINGLY SUPERVISION A • A DU IC SE 1-OFESSIONAL Phone:44, ...4,4-6272 - ENGINEER ��A S, HE$ SOTA. REV: DATE: DESCRIPTION: VEC PROJECT NO VEC 21-230 /r ww.vicke yenycom DRAWN BY: VEC _uuV.4...y[„g,..,.•gc Co+•.Io-,g LLC REVIEWED BY: RWV RONAL. '/� DATE: _6/4/2022 DATE: 6/4/• REG.No.: 24065 / • • t' LT'i LLJ 0. (/'a. EJ I�17❑ ma .-,2.n-0 7 ,, -0v I . 3 my I O'er ., a a 114_� � � 8 F 530203" E °0 N 1 ' 174.94 �— —_ in `o c o h Ir 11III CD a° 2 a ` i �� II I illi zti ---:.-4/770.*'.:•.r . ` \) \\I- 1 I I Iii y w c a,> \its °°°� LL -'111)1 I !I II c, -r o� ��o w.426 � :`�Pi °°°.J . I I I Ili m �t d 3 r ..� y � � I r m ill 0.� h . \ , I I i(i \ II II 1 f 111 1(11 I iii '7-/�I t.4 z.� Y isiiil III ai _ U o Z'/ / ij)ii I III ; i : ��oc a >�-tI�-150 N -- 1 T ui aarroN qua°nlpy ( / /' I1 ii w u 4�n C >1 Z M�c^o N 0 N 0 U 11� • 000ao � � �ZJh cccc c orn�� / / Ili I /IIl .-/ N7 o40tl0 C/� �nN° C.. Il/ Ill III Z or Cx4 ,ewvc°o Q. °• ga } A1 I.'fJ`}' }- Rini-Ci►ue. 0 • / PC Exhibit D PROPOSED TIMBER RETAINING WALLS LA22-000038 1354 REST POINT CIRCLE MOUND, MINNESOTA GENERAL NOTES 1. Soil strength parameters for this project were assumed based on a review of soils viewed by VEC at the project area and information from the client. It is the responsibility of the owner or owner's representative to verify the soil strength parameters provided are representative of the soils available for wall construction. If the soil strength parameters are found to be inconsistent with those used by VEC during the design,this design is no longer valid and his the responsibility of the owner or owners representative to notify VEC so the retaining wall system can be redesigned.Failure to notify VEC may result in failure of the retaining wall. 2. Design Soil Parameters: a.Retained soil: Imported/on-site day(CL) phi=27 degrees gamma=125 pcf. 11111 b.Foundation soil: Imported/on-site day(CL) phi=27 degrees gamma=125 pd. 3. This set of timber retaining wall plans are based on site measurements at the site,as directed by the client If other plans are produced that contain different information than that referenced,this plan may need to be revised and/or the wall may need to be redesigned. 4. This set of timber retaining wall plans are based specifically on the wall being constructed with 6"by 5"timbers and Manta Ray soli anchors. Absolutely no substitutions allowed. 5. Location of the timber retaining walls in relation to property lines,utility easements,watershed easements,or any other type of easements am the responsibility of the owner or the site civil engineer.VEC assumes no liability for the location of the retaining wall,or If construction of the proposed retaining wall encroaches any property lines or easements. 6. It is imperative that the site surveying of the timber retaining wall be done by the site civil engineer or surveyor and must be based on computer generated site/grading plans and not profile plans done by VEC.Surveying of the retaining wall must take into account the design batter indicated on the enclosed plans and details. Failure to take into account wall batter for timber retaining wall surveying will produce incorrect locations of all SHEET INDEX top of walls and shall be corrected at no cost to VEC. SHEET NO. SHEET DESCRIPTION 7. Wall geometry,locations,slopes and surcharge loads for the timber retaining walls were assumed from the information referenced above.If conditions vary greedy in the field from those shown in these plans,VEC must be notified prior to construction of the retaining wal to review the WI TITLE PAGE 6 WALL NOTES design and/or plans.Modifications to the design and/or plans may be required after the review,and may take up to ten business days to complete. Minor modifications can be made in the field by VEC during construction. W2-W3 WALL ELEVATION VIEWS B. If there are discrepancies between any information on these plans and information in any project specifications,the more restrictive information W4 SECTIONS AND DETAILS takes precedence.Please refer to the Manta Ray installation instructions for additional information. LLC PROPOSED TIMBER RETAINING WALLS SCALE: O SHEET: 1.I OF: 4 CLIENT: EC VICI<C,,,Engineering b Consulting,LLC I i YY I BOULDER CREATIONS UNLIMITEC 1354 REST POINT CIRCLE VERIFY LINE ABOVE MEASURES I HEREBY CERTIFY THAT THIS PLAN,SPECIFICATIONS,OR IM41 Village Woods Drive MOUND, MINNESOTA NONE -INCH. IF IT DOESN'T,ADJUST REPORT WAS PR RE.BY ME OR .ER MY:IRECT Eden rrair;e,MN 333+7 SCALE ACCORDINGLY SUPERVISION A A D IC '5E02':FESSIONAL TITLE PAGE AND GENERAL NOTES Phone:932.+63-82:z ENGINEER A S: E ST MINNESOTA. REV: DATE: DESCRIPTION: VEC PROJECT No VEC 2-230 / r/w fr, www.vicker�eng.com DRAWN BY: VEC uuVd..y Ge•'�s•C.Je^s LLC^ REVIEWED BY: RWV RMALo J ` _ DATE: 6/4/2022 DATE bl4/ REG.No.: 24065 / s • Ala e Ala ur ns 88—[ C 7 I GRACEME}@1Q WALL___C_ 3-88 87-1- I- -1 } } ,-SOPbFC____�87 86 f T o_y.oo 1 T -1 ----1-86 I- -1 + -1 + -I- _I ____-I 85—Cy C__44R-27 I*R-2-___ NRS I -KR-2 C y' 3-85 84�-.t ___I---_—F--- +_-- UI +—t_F____ ,..I X84 � 83 — — —C-- _ — 7 S M'---_ 20J' I 20` T —=C--- 7 483 1-__ _F---MR-2- A--MR-2-___ MR-2 +--MR-2__I-__ _-1 A _ H A- ,11- 8 — C 7 3-82 01 1 _f�1_ 2�—__ S�-2 ~1L 7 ]-81 1- I-\ -t0--I +-20'---- 20I +--20-- -I 79 79-Z C �. 1 1 .iE EG I I •.41,- 79 78-1- F f-m 1 � i- -I x-78 77-1 C 11010 ADE AL9ASE r 1 T BABOF iVALt a }-77 o r _ _ Ir o bt a l- tl 4 4 N N N N N N N N N N TIMBER WALL REPLACEMENT-ELEVATION VIEW 450 LOWER WALL(MAXIMUM BEARING PRESSURE=1,000 PSF) (SCALE:1•=5'-01 LEGEND NOTES © - DETAIL NUMBER ® - SHEET NUMBER I. LOCATIONS OF CORNERS SHOWN ARE APPROXIMATE AND SHOULD BE VERIFIED IN THE FIELD DURING CONSTRUCTION. gh ® - INDICATES LOCATION OF SECTION CUT 2. A TEMPORARY BENCHMARK WAS USED FOR THE DESIGN OF THE RETAINING WALLS. THAT BENCHMARK WAS THE TOP All OF THE EXISTING UPPER WALL•ASSUMED - INDICATES APPROXIMATE LOCATION 100.0. ALL ELEVATIONS SHOWN ARE ® OF 90-DEGREE CORNER BASED ON THAT BENCHMARK. U PROPOSED TIMBER RETAINING WALLS SCALE: SHEET: 10F: CLIENT: VICILery Engineering&Consulting,LLC 1354 REST POINT CIRCLE WZ BOULDER CREATIONS UNLIMITEC 1i1 V,ILX Wood.Driv MOUND, MINNESOTA 5 2.5 0 5 10 I HEREBY CERTIFY THAT THIS PLAN,SPECIFICATIONS,OR REPORT WAS PR RE.BY ME OR •ER MY•IRECT Ed=nP 9=,MN ss31 WALL ELEVATION VIEWS SCALE: 1'= 5' SUPERVISION A ADO C 'SED:'•FESSIONAL Ptia^��932-f63-0272 ENGINEERHEREBY S• HE Ti SOTA. REV: DATE: DESCRIPTION: VEC PROJECT No NEC 21-230 v,vw.vicke.yeng.mm DRAWN BY: NEC ��' c xozz V.1=y C�...��,yAC�••✓as LLC REVIEWED BY: RWV RONAL. , ^ DATE: 6/4/2022 DABS: •/4/•, REG.No.: 24065 / • i \ e • _ e e 96-- - BEHIGIS L__ 96 102Z 7 -GOADS-REMIND-MWA6L = 02 95 C ¶ {�-I L95 101 1 + I- I- -\ +r TOR OF-11flAL ____-i•-101 94 , L .1 m L- -.� 4 100 1 T m 4 7--100 L 1 L T9 93-1-` ____I- _I- -1 X93 99 L' 7 S C 1 C _ 7-99 92_2 --C C- a--92 ]-92 98-1---� __1____�R-0 I-MR-3- -MR-3-+ �R ___ 8 1--_ ---F---19' 1Ir I----15'-1- --- 1- �' -]----�,�—T♦ fir— ---L 91--� C S C 7 T91 97 -- 10 ya-Kr ____ro,_ _ 97 90-+------1---4R3- MR.s�____i___446-a 1_ ___ X90 96-C____ c JR4 C ,3-__ + F__ __1 6 ___ ___{qR-3-SR3__ _T9 BB�---- --17 + I- L88 94� 7 �N`- Y r-10'___ ----M- T A8 __- L94 87-F____ `*� - I:�_---1--7R-3-�1R-d - +-87 93- 7___ I ey.vs so ? -' 7--.93 86� HL 17 -4/1119- -1--� _�_ -,— _ 3--86 92-f- 1 X (SHECEGR3DE Ir 3L eat_1 + _,aa :g aTC--�92 84-}85-T C E®t9�QGREt1E 3L�s.SE___-� BA -0F iVALE 85 91� 1 T 1 f 1-91 b 1 t f 4- 4 Q Q Q Q < Q Q N N N N N N N N ,,..1 N N N N N N TIMBER WALL REPLACEMENT-ELEVATION VIEW TIMBER WALL REPLACEMENT-ELEVATION VIEW ®MIDDLE WALL(MAXIMUM BEARING PRESSURE=1,000 PSF) ®UPPER WALL(MAXIMUM BEARING PRESSURE =1,000 PSF) (SCALE:1'=5'-0') • (SCALE:I'=5'-0') LEGEND NOTES © - DETAIL NUMBER ® - SHEET NUMBER I. LOCATIONS OF CORNERS SHOWN ARE APPROXIMATE AND SHOULD BE VERIFIED IN THE FIELD DURING CONSTRUCTION. ® - INDICATES LOCATION OF SECTION CUT 2. A TEMPORARY BENCHMARK WAS USED FOR THE DESIGN OF THE RETAINING WALLS. THAT BENCHMARK WAS THE TOP OF THE EXISTING UPPER WALL,ASSUMED - INDICATES APPROXIMATE LOCATION 100.0. ALL ELEVATIONS SHOWN ARE ® OF 90-DEGREE CORNER > BASED ON THAT BENCHMARK. U PROPOSED TIMBER RETAINING WALLS SCALE ,� SHEET: Wj OF: CUENT: Vickery Engineering&Consulting,LLC 1354 REST POINT CIRCLE ••" 4 I BOULDER CREATIONS UNLIMITEC I++41 Village Wada MOUND, MINNESOTA 5 2.5 0 5 10 I HEREBY REPORT WASIFY PR TNAT RE.THIS BY ME OR SPEER IMYT.IO ECTR Eden rroirie,MN ss3+7 SCALE: I'= 5' SUPERVISION A A EU IC SED:'OFESSIONAL WALL ELEVATION VIEWS Phone:f32hng oon ENGINEER HE SS MINNESOTA. REV: DATE: DESCRIPTION: VEC PROJECT N0: VEC 21-230 / il ..ww.vicke.yeng.com DRAWN BY: VEC ._�:_�'d..,,[..e,... C.•..•h..c�!C REVIEWED BY: RWV imem:. - \ ^ DATE: 6/4/2022 DATE. 6/4/• REG.No.: 24065 / • OUTSIDE CORNER F'-- n u.2,1--ir7t-il_-- n nl ilt n.''R�?'fP�Tilifl 111 THREADED A)ClOOOAD O.ou .ti0 =mail , I�u�u n: n n 1i n n n n n . 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".1°,7ALLO.T,Ew.T....a:.„..Eo.w �I I II IIII. null II II II. II II II II. II. IL J 11 n. II. II IL II 11=1 PLATE MIK A 4RL..=WRIERMONET a. ® ■ n n n n. IL n n n n Jr n n n n n n n Ir n Jr n"J[ir ■ P n n n`n n u n n-n n u n n-u n u n 1r=LL n n 1[-, n'I Tr11 n°I r I it II II"IL=LLll11Kll Ilrll II 11 IL JL 1� ll IIll ll�JL n�"Rllllll T.w�"ui.i e�a•°�L me.a<s co-wcwo_ �. i II 11 II. II II II IL II: II II II II. II. IIII I II II. 11.ll JL–II II. 11 II IL II. II �Innnnnu�nunlrina ■ lFnnnnnn:l[T [LLn: II II I I 11 11 11 11 11 0 11 11 11 11 1 11 11 1 I 11 11 n l TIMBER WALL t 4r1V1W1W=IIW 1 1.4��l�ll I II�uIIn n1� I� Igua111Ju Il u r ®COT TORUCEION SEAUENCE LL 3 V = u-u -n=a''` -=npiu4llrlf=n�1 1 n n=lllnnn= OTTIMPIBERAL WACROLL XESS-SECTION AT SECTION CUTS SHOWN SCALE 1/4.11 a) I v PROPOSED TIMBER RETAINING WALLS SCALE: 0 I SHEET: OF: CLIENT: VICICCr5 ngineering&Consultinp�.,LLC 1354 REST POINT CIRCLE /� 1 1 W4 �i BOULDER CREATIONS UNLIMITEC 11-141 VIIIa Wada Drive AS VERIFY LINE ABOVE MEASURES I HEREBY CERTIFY THAT THIS PLAN,SPECIFICATIONS,OR g° MOUND, MINNESOTA INCH. IF IT DOESN'T,ADJUST REPORT WAS PR ' RE.BY ME OR •ER MY•IRECT f JcnPal aMN 355+7 SECTIONS AND DETAILS SHOWN SCALE ACCORDINGLY SUPERVISION A A DU IC SED%'•FESSIONAL Pkooewww.93z.r63-ez)x ENGINEEi��A S HE$T GOTA. REV: DATE: DeSCO:PnoN: VEC PROJECT No VEC 21-230 , www.vickeryangcom DRAWN BY: VEC j ��I e_ou ydey[.g„u�.gaCm.J,�g Ll(. REVIEWED BY: RWV ROruLo. DATE: 6/4/2022 DAT[: 6/4/ REG NO.: Z40,55 / 0 • P 0w ' ' LUW ir a 0 h „b' I It �aa4d1:1aVi Or , L______ l I I I I a j m� 3 \ a I _ iii 1 O o O N , I 5 302'031:) _..—_, I° i y 174.94 I I II 0 E c d �$ 1I IIII 0O z c I'' L \\1 ` fll Ooo z . ;; ::. .,�, ,� �/ { lv l� I ��I �`1 1 III w Ecc 0 � d •426 e„ ` ' )11ii 1 I I I)I O o '- a2i O • ..• ..y..y.. :...05/^ \o I . ceoQ n❑ -- -- M I r ' II j m O.. r iv, �� ti, I I II "' 0 r �,P•�. -. \-:i \3I �'. 11111111111 f�) ili '�0.3 `?: cb 4,1 �� 1 I I I Irl; N ^ Ui 2 f. F� :� ': I �1o5 IIt/ � ° �Ijf�II� II I I I ; y / / .,:,,.01111" ))21X I I I III' t. ,vim, �' U E' °o 0 I I) Ill __� / / • Y / ,,.4a,/, lit' m c m 4i ,----- �/ ,� �' x .-- 'it 41.•J, f erli�l....if '. pi `oma o 0 MN � . 0 t' Ci utnv1. :iFII I' m mu ?iill/�MI 3oEm0o .' ti o _ j ^ Of 7 asnoH luaoolpy / / / I I ' m d h m 1IIII I 3 Iw � r. I IIS aaoOo � � � / 7 / I I l f'J'f J 0 0 0 0 07,0 ! :;1 I 1IrgI R4 x 0 I.'fJ+ ni-Does" , � Rini- ,_. .. n.. 11.C.hr . PC Exhibit E LA22-000038 1V Vickery Engineering& Consulting, LLC 1 14441 Village Woods Drive,Eclen Prairie,MN 55)47-1509 \Lc\ Phone: 952465-8272 rax: 952426-1971 rvicken @vickeryeng.com June 13, 2022 Project VEC 21-230 Mr. Dave Durkin Boulder Creations Unlimited 309 Newton Avenue SE Watertown,MN 55388 Dear Mr.Durkin: Re: Wall Evaluation, 1354 Rest Point Circle in Mound,Minnesota As you requested,Vickery Engineering&Consulting,LLC(VEC)has performed visual observations of the existing timber walls at the referenced location. As requested,I'm writing this letter to discuss the evaluation of the existing timber walls. Background Information VEC prepared final design and construction drawings for the new retaining walls on this project. The • plans prepared are titled"Proposed Timber Retaining Walls, 1354 Rest Point Circle,Mound,Minnesota", and were dated 6/4/2022. The project number for the plans was VEC 21-230. Site Observations VEC performed observations of the existing retaining walls last fall. At that time,the walls were observed to be leaning outwards,with many of the timbers showing indications of the decay of the wood. Several of the walls showed indications that the face of the wall was pulling away from the deadmen that are anchoring the wall face in place. Discussion The existing walls are essential in holding the slope in place during construction. In order to keep the slope from falling into the lake,shoring will be required to keep the existing soils on the slope. There is no way to get a pile driving rig into the back yard to provide sheet piling for shoring, so leaving the existing walls in place and building in front of the walls is the only way to repair the walls on the slope. Conclusions Based on our on-site observations,it is our opinion that if the walls aren't repaired in the near future,the entire slope will likely end up in the lake,walls and all. The potential for failure increases every day that passes,and failure could be imminent, especially if there are any large rain events in the new future. • Engineering.5olutions Foran(Instable World Project VEC 21-230 Wall Evaluation June 13,2022 Page 2 of 2 General Engineering services provided by VEC engineers for this project have been conducted with that level of care and skill ordinarily exercised by members of profession currently practicing in Minnesota under similar time restraints. No warranty,expressed or implied, is made. Thank you for using the services provided by VEC. If you have any questions regarding this letter,please call Ron Vickery at 952-465-8272. Sincerely, :00000 /7:411.1". Ronald W. Vickery,PE President/Principal Engineer • • PC Exhibit F LA22-000038 • From: Dennis Walsh To: Adam Edwards; Laura Oakden;Denny Home Subject: Fwd: Bluff Stabilization project at the Walsh House 1354 Rest Point Circle Date: Friday,June 10,2022 8:54:46 AM Enclosed is the email from the neighbor giving the OK for the bluff project Denny Walsh FTKD Properties, Inc. PO Box 53 Crystal Bay,MN 55323-0053 612.414.5055 Cell www.FTKProperties I nc.corn Forwarded message From: Dennis Walsh <ftkdenny@gmail.com> Date: Thu,Jun 9, 2022 at 4:34 PM Subject: Re: Bluff Stabilization project at the Walsh House 1354 Rest Point Circle To: James Langhans<jlanghans@frontiernet.net> Ok. Thanks. • Denny Walsh On Thu, Jun 9, 2022, 4:33 PM James Langhans <jlanghans@frontiernet.net>wrote: It is fine with Sheila and I as long as does not go further on our property! Sent from my iPhone > On Jun 9, 2022, at 4:27 PM,Dennis Walsh<ftkdenny@gmail.corn>wrote: >Jim& Sheila(1366 Rest Point Road): >We will be starting our construction project to repair the bluff wall that is failing down by the lake. Part of the wall crosses into your property and we need an OK from you to be able to repair that section of the project for the city files. >Please email back or print off the email and have you& Sheila sign it. >Thanks, >Denny&Amanda Walsh > 1354 Rest Point Cir, Orono, MN 55364 > 612.414.5055 • PC Exhibit G " Hennepin County Locate & Notify Map LA22-000038 Henne• 1 Date:6/23/2022 • ea. 44: %. ;284 4725 .5(1j ;61 . 1 i `y 4680 11299 ti-"J 4629 4625 01 Cao 44` 1298 4615Ipp1,12I ,pt, 440141.1imaimilommimmi:mim )h„, 4705 wt I1300 11 4510 4695 far 1325 19 v1°° N° �S'h:o red 4 r {;1►y) ,t% 13201,a', D r 1345 . R$' 1310 > 1337 :r 1171 1365 4545 •I �I FFF 1347 ;+4 t 535 4!-. .2 1340 I 1373 1371 13) �, MI 01 ,E, / k 1360 •1*� 1336 1350r3rr 130.1 V I r 1340 m ', 1342 Rt, 1375 rri 41.9r1348 1 1354 1350 tzi, I1 i 365 tea* 1366 1st ;14; cit a" ..,...,s"" 1374 t 2i 1380 1386 '1r: 1390 m, 1 •8 A 140• 1406 vi „r •1Q(31 Buffer Size: 500 0 50 100 200 Feet Map Comments: IIIIIIIII 1354 Rest Point Circle This data (i) b furnished 'AS IS' with no representation as to completeness or accuracy; (i)is furnished with no warranty of any knd; and (ii) is notstitable for legal engneenng or surveying III purposes.Hennepin County shall not be liable for any damage,injury or loss resulting from this data. For more information,contact Hennepin County GIS Office 300 6th Street South,Minneapolis,MN 55487/gis.info@hennepin.us 38 07-117-23 31 0007 38 07-117-23 31 0043 38 07-117-23 32 0052 ROGER S&ELAINE M HAYDOCK MARK HONG&SUSANNA WONG KEVIN J GROVER AND 0 810 MAIN ST N#288 1300 WILDHURST TR SUSAN K GROVER SPEARFISH SD 57783 MOUND MN 55364 1315 REST POINT LA MINNETRISTA MN 55364 38 07-117-23 31 0016 38 07-117-23 32 0002 38 07-117-23 32 0053 LEAH MARIE STEAHL JAMES HESSEL HOUTMAN GEORGE THOMAS AHERN 1347 REST POINT CIR KRISTINE JOANN HOUTMAN CANDACE F AHERN MOUND MN 55364 204 WHISPERING PINES AVE 1345 REST POINT LA FRIENDSWOOD TX 77546 MOUND MN 55364 38 07-117-23 31 0017 38 07-117-23 32 0024 38 07-117-23 32 0054 PREMIUM PROPERTY GROUP KATHLEEN G ASH GEORGE T AHERN 13100 WAZATA BLVD STE 400 4615 TONKAVIEW LA CANDACE F AHERN MINNETONKA MN 55305 MOUND MN 55364 1345 REST POINT LA MOUND MN 55364 38 07-117-23 31 0018 38 07-117-23 32 0025 38 07-117-23 32 0056 DAN CHRISTIAN ERICH K BLAUFUSS KELLI GILLSPIE-COEN 1320 REST POINT CIR ELIZABETH BLAUFUSS STEVEN C COEN MOUND MN 55364 4625 TONKAVIEW LA 4685 NORTH SHORE DR MOUND MN 55364 MOUND MN 55364 38 07-117-23 31 0019 38 07-117-23 32 0030 38 07-117-23 32 0060 KATHLEEN ALBRECHT STEPHANIE FERRELL JAMES K&SHEILA LANGHANS 4545 NORTH SHORE DR 1310 REST POINT LA 1366 REST POINT RD MOUND MN 55364 MOUND MN 55364 MOUND MN 55364 • 38 07-117-23 31 0020 38 07-117-23 32 0031 38 07-117-23 32 0061 JANICE K DEMATTEO DAVID B&JENNIFER BOIES JR AMY J MIGLINI 1336 REST POINT CIRCLE 1360 REST POINT CIRCLE 1371 REST POINT LA MOUND MN 55364 MOUND MN 55364 MOUND MN 55364 38 07-117-23 31 0021 38 07-117-23 32 0034 38 07-117-23 32 0062 ZIGMUND PERET/JONI JOHNSON CHRISTINA C NILLISSEN DENNIS WALSH/AMANDA HELEN 1340 REST POINT CIR PO BOX 814 1354 REST POINT CIR MOUND MN 55364 WAYZATA MN 55391 0814 MOUND MN 55364 38 07-117-23 31 0022 38 07-117-23 32 0037 38 07-117-23 33 0004 MARK J ALTENHOFEN MICHAEL&LYNNE GERLICHER TAMALA S GREIBER 1342 REST POINT CIR 1375 REST POINT RD 1398 REST POINT RD MOUND MN 55364 MOUND MN 55364 MOUND MN 55364 38 07-117-23 31 0023 38 07-117-23 32 0038 38 07-117-23 33 0005 RYAN P SCOTT/CORRIN W SCOTT JAMES HOUTMAN TRUSTEE GREGORY A HUELER 1348 REST POINT CIRCLE KRISTINE HOUTMAN TRUSTEE 1398 REST POINT RD ORONO MN 55364 204 WHISPERING PINES AVE MOUND MN 55364 FRIENDSWOOD TX 77546 0 38 07-117-23 31 0024 38 07-117-23 32 0039 38 07-117-23 33 0006 CLAUDE J JORDAN DAVID MILLER/JENNIFER MILLER J T NYGARD&K M NYGARD DEBORAH D JORDAN 1350 REST POINT LA 1386 REST POINT RD 1350 REST POINT CIRCLE MOUND MN 55364 MOUND MN 55364 MOUND MN 55364 38 07-117-23 33 0007 EUGENE G DOBKIN GALINA DOBKIN 1380 REST POINT RD MOUND MN 55364 38 07-117-23 33 0011 DAVID W&JODI L RAHN 1385 REST POINT RD MOUND MN 55364 38 07-117-23 33 0012 GARY&KATHRYN GANGSTEE 1374 REST POINT RD MOUND MN 55364 38 07-117-23 33 0013 DAVID A WIEMER KATHRYN L WIEMER 1405 REST POINT RD MOUND MN 55364 • •