HomeMy WebLinkAbout10-17-2022 Planning Commission PacketAgenda
Planning Commission Meeting
Monday, October 17, 2022, 6:00 P.M.
Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356
952-249-4600 / www.ci.orono.mn.us
Sign up for email notifications at www.ci.orono.mn.us – follow links for Stay Connected & Email Notification
Audience Members:
Memos regarding each of the Agenda items are available on the City website (www.ci.orono.mn.us) in Agendas
Minutes & Videos and in the Public Packet – located in the lobby near the entrance.
Applicants will be asked to move to the lectern to answer questions after staff presents the application.
The Planning Commission is an advisory body to the City Council. If action is taken on any items on this agenda, they
will be scheduled for an upcoming City Council meeting. A quorum of the City Council may be in attendance of a
Planning Commission meeting to hear comments made, though no action or deliberation of the Council will occur.
Council Representative: Victoria Seals
Pledge of Allegiance
Approval of Agenda
Approval of Minutes: September 19, 2022
Public Hearings:
1. LA22-000041 Eskuche Design, 3005 Casco Point Road, requests vacation of perimeter drainage and utility
easements in conjunction with an administrative boundary line adjustment. (Staff: Melanie Curtis)
2. LA22-000042 Shawn Wischmeier, 540 Big Island, requests a conditional use permit for a permanent dock
placed within the floodplain. (Staff: Melanie Curtis)
3. LA22-000052 Denali Custom Homes, 1780 Shadywood Road, requests hardcover and rear yard setback
variances in order to construct an addition to the home. (Staff: Melanie Curtis)
4. LA22-000023 Text Amendment regarding Accessory Dwelling Units. (Staff: Laura Oakden)
Other Business:
5. Update on October 10, 2022 City Council meeting
Adjourn
Planning Commission Liaison to Monday, November 14, 2022 City Council meeting: Bob Erickson
MINUTES OF THE
ORONO PLANNING COMMISSION
Monday, September 19, 2022
6:00 o’clock p.m.
_____________________________________________________________________________________
Page 1 of 9
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, Bob Erickson, and
Alternates Dave Peterson and Gary Kraemer. Commissioner Matt Gettman was absent. Representing
Staff were Community Development Director Laura Oakden and City Planner Melanie Curtis.
Chair McCutcheon called the meeting to order at 6:00 p.m., followed by the Pledge of Allegiance.
APPROVAL OF AGENDA
Libby moved, Ressler seconded, to approve the Agenda. VOTE: Ayes 7, Nays 0.
APPROVAL OF PLANNING COMMISSION MEETING MINUTES OF AUGUST 15, 2022
Kirchner moved, Kraemer seconded, to approve the minutes of the Orono Planning Commission
meeting of August 15, 2022. VOTE: Ayes 7, Nays 0.
PUBLIC HEARINGS
1. LA22-000036 SCOTT GATES, 2815 CASCO POINT ROAD, REQUESTS HARDCOVER,
AVERAGE LAKESHORE SETBACK, AND SIDE YARD SETBACK VARIANCES TO
PERMIT A LAKESIDE DECK AND ROOF CHANGES. (STAFF: MELANIE CURTIS)
Scott Gates, on behalf of the Applicant, was present.
Staff gave a summary presentation of the item. Curtis stated the owners purchased the property in April
2022 and have planned improvements to the home. They have recently applied for a permit to construct a
garage addition to the rear of the home, meeting the setbacks. The garage addition project reflects changes
to the site which bring the existing hardcover level down from 31.1% to a conforming 25%. Regarding
practical difficulty, Staff finds there are difficulties in the location of the existing home which may
support the variances for the change in the rooflines. Staff may be able to support he average lakeshore
setback variance for the change in the lakeside roof mass as long as the change does not adversely impact
views of the lake from the neighboring homes. The average lakeshore setback request pertaining to the
new deck cannot be supported. As proposed, the elevated deck and railing appear to impact the lake views
for the adjacent neighbor(s). A grade-level deck or on-grade patio (≤ 42 inches from existing grade) can
be constructed in the same location. Regarding the requested hardcover variance, the application for
building permit demonstrates that a level of 25% hardcover is achievable and therefore staff does not find
practical difficulty supporting a hardcover variance. The existing home is located between 4.8 – 7.5 feet
from the west side lot line. The changes proposed to the roof structure from a hip roof on the street and
lake sides to gable ends will also increase the mass of the home encroaching within the average lakeshore
setback. Curtis spoke about public comments noting most of the comments do not overly support the
project. Based on the plans Staff was unable to fully evaluate the existing and proposed massing
increases/changes to the roof. Staff recommends the Applicant redesign the plans to limit or eliminate
variances. Regarding the variances requested to permit the new lakeside deck Staff finds that the project
should be adjusted to accommodate the additional hardcover to stay within 25%. Planning Staff
recommends denial of the average lakeshore setback variance and hardcover variance relating to the deck.
MINUTES OF THE
ORONO PLANNING COMMISSION
Monday, September 19, 2022
6:00 o’clock p.m.
_____________________________________________________________________________________
Page 2 of 9
Curtis stated the Applicant has the option of reducing the hardcover and installing a grade level patio
without variances. The side yard setback variance involving the roof expansion may be reasonable if the
encroachments do not further limit the light, air, and open space of the neighbors to the west. If the
Commission identifies practical difficulties which support the roof changes in the side yard area, the new
encroachments should be limited to the roof and any additional new impacts, such as roof overhangs and
the possible new shed roof over kitchen window, should be denied. The average lakeshore setback
variance to change the hip configuration to a gable thereby increasing the mass of the roof within the
setback significantly is not supported by practical difficulty. Staff recommends denial.
Scott Gates, 545 Second St. #295, Excelsior, noted it is not terribly complicated and the owners wanted to
get the remodel underway prior to the variance being heard. He noted they scaled down the hardcover
significantly and if these changes are not acceptable, they will go ahead and build what has been
submitted for the building permit. He walked the Commissioners through the project and spoke about the
overhang, encroachments, setbacks, a bay window, and neighbor comments. Mr. Gates showed proposed
plans on screen and shared about the various views, roof pitch, and massing.
Ressler asked about practical difficulty on the project.
Mr. Gates replied the practical difficulty is the location of the home. The setback is similar to the
neighboring house, with 2813 set back considerably more, with 2821, 2825, and 2827 at about 79-80 feet
and this property is at around 120 feet. The house next door is what creates the issues regarding average
lakeshore setback (ALS). The practical difficulty of the deck is that there is nowhere else to put it.
Ressler clarified they could put in a patio.
Curtis noted they could do it on grade or a patio.
Mr. Gates spoke about what is intended to be an at-grade deck, and they could do the 10x16 provided
they meet hardcover or get a variance and the other is to have a lakeside deck with access to the family
living space.
Kirchner clarified Mr. Gates is saying the practical difficulty is that it is a convenience to have a deck or
the desire for the owners to have a deck.
Mr. Gates replied in the negative noting he is saying there is not another place to put it that has access to
the lake view. Because this is considerably farther back than the 75 foot minimum lakeshore setback that,
coupled with the ALS being further back due to the offset of the house next door are both practical
difficulties that make this the only choice.
Kirchner asked what structural purpose the new roof serves that then provides additional massing.
Mr. Gates replied the existing roof needs replacement and once they start replacing it makes sense to go
to something cleaner and simpler without all the angles to the roof. He thinks it is also a design
consideration in trying to fit into the neighborhood, make something that looks good by mixing the gable
with the hip.
Ressler spoke about practical difficulty. He stated the location of the house is something the owner knew
when they purchased it and every zone has different requirements and guidelines. The existing house is
MINUTES OF THE
ORONO PLANNING COMMISSION
Monday, September 19, 2022
6:00 o’clock p.m.
_____________________________________________________________________________________
Page 3 of 9
affording some opportunities in like-kind, but exceeding is historically where the Planning Commission
has very rarely (especially in these districts) allowed encroaching on lakeshore setbacks because those
modest encroachments become a hindrance for the enjoyment of the neighboring homes. This creates a
problem because it creates precedent for Applicants in the future which is why the Commission has had to
take a very hard line. He noted one can have a home without a deck, that is not a practical difficulty. The
Commissioners want to help get this through but without practical difficulty they are not in a position to
support.
Mr. Gates noted they could build a much bigger house if they knock the existing down but they did not
want to do that. It may not be a direct practical difficulty but does factor into the equation. He spoke about
options for the back of the home where there is not the ability to put a deck somewhere else. He does not
think it is unfair to ask for a small variance to build the deck. He finished walking the Commissioners
through the plans on screen.
Kirchner clarified the Commissioners are required by State Statute to fall back to the practical difficulties.
He is struggling to find practical difficulties in this case.
Chair McCutcheon opened the public hearing at 6:42 p.m.
Patty Saiki, 2874 Casco Point Road, does not see gutters or drainage shown and that is one of the critical
points. She noted living with a narrow sideyard regarding the fire department they would need hook-and-
ladder. All insurance companies watch the fire departments and rates will go up if the City does not
manage widths between houses. She is just giving the Commissioners a heads-up.
Charles Price, 2813 Casco Point Road, shared that he lives to the west of the subject property. Mr. Price
strongly objects to one of the pictures Mr. Gates showed that it will not affect his view of the lake but
would now be filled with elevated deck, sofas, couches, umbrellas, grills, and the Mr. Price would be very
uncomfortable if the City allowed a deck in that space. He noted the property owners who will suffer the
water runoff from these proposed variances are at great risk of accelerated erosion on their bluffs as well
as an increased risk of their bluff sliding down into the lake as so many nearby bluffs have already done,
including his at 2813. The shoreline of the subject property and nearby properties have a risk profile that
is much worse than most on Lake Minnetonka, primarily due to the high elevation above the lake (his
property is 42 feet above the water) and the soil makeup is a loose mix of clay and sandy loam that can be
easily eroded by running water. Many properties nearby have experienced severe erosion and severe
slippage into the lake with huge expense and loss of yard size. If there ever was a case to minimize
hardcover, this is the case. Mr. Price noted this property already has a patio of about 120 square feet
which has been adequate for multiple families over decades. The Applicant wants to add another 360
square feet of deck very near Mr. Price’s home and yard in a prohibited way. It is safe to assume the
Applicants will not go through all of this to have a 480 square foot deck to quietly sit and read a book; it
is expected that it will be fully furnished with all of the previously mentioned things, and a sound system.
Mr. Price’s yard could feel like they are living next to a loud bar or a night club. All of this illegal
development will be between the Price’s home and their view of the lake, and every person on the deck
will be able to look directly into his living room day and night from only 22 feet away. He stated there are
rules and laws in place which, if followed, will make all of this unnecessary. Simply put the Applicant
bought a lot which cannot be made to fulfill their wishes. This lot is only 12, 217 square feet and the
average width is less than 55 feet. The Applicant should either purchase a lot more appropriate for what
they desire or they should meet current rules and laws that protect the property owners, Lake Minnetonka,
and the environment. Several years ago Mr. Price attempted to move a detached garage and attach it
MINUTES OF THE
ORONO PLANNING COMMISSION
Monday, September 19, 2022
6:00 o’clock p.m.
_____________________________________________________________________________________
Page 4 of 9
against his house and was told by the Planning Commission that he should come back when his plan
included getting hardcover down to 25%.
Wes Byrne, 2817 Casco Point Road, is on the east side of the property. He noted the extra hardcover is a
concern as has already been brought up with respect to extra stormwater and the danger to the bluff in
having another landslide there. With the contours of the land, the water moves towards Mr. Byrne’s
property and will end up going down into the stairs that go down to his lakeshore. He has retaining walls
helping but he is not really pleased at that potential. The plan is to remove the landscape border between
properties which is acting as a retaining wall and preventing water from that corner from going directly
down to his property and the hillside. This is his primary concern.
Carol Price, 2813 Casco Point Road, is on the east side, and spoke about the topology of the area noting
there is a high west side and all of the land slopes eastward and downward. Every subsequent property
has a decrease in elevation, so neighbors affect every other neighbor. They are also on a bluff and they
must protect the bluff. The hardcover limit is extremely important as they are fighting all the time to limit
the water that is going down the bluff and going sideways across neighbors. The wooden timbers are part
of controlling that water. She noted her lot is generally five feet higher than the existing home at 2815
Casco Point Road. Ms. Price stated the proposed deck is very large and would definitely obscure the view
of the lake from her property; this would also affect property value. She thinks the patio/deck needs to be
appropriate for the lot. The change from a hip roof to a gable roof will significantly affect the drainage on
each side of the property. Ms. Price’s property is very close, the gable roof will overhang, there are no
gutters listed, or accounting for any drainage. They want to take away the wood timbers to the side and
she noted her property is bumping up against those wood timbers. Any drainage would exacerbate that
problem of her property falling into the Applicant’s. She spoke about the garage noting it would now be a
massive structure that would impede sunlight, airflow, and drainage. She commends the new homeowner
for trying to build on the existing footprint, but would request that they meet the existing footprint and not
add any more hardcover, add more to the overhangs, or the massive structure.
Chair McCutcheon closed the public hearing at 6:53 p.m.
Kirchner believes they failed to identify practical difficulties. Regarding the sideyard setback, he does not
see practical difficulty for the roof, for the ALS and not having another place to put a deck is also not a
practical difficulty, and regarding hardcover he does not see a practical difficulty established to go over
on hardcover allowance. He would vote denial on all variance requests.
Ressler echoed Mr. Kirchner’s remarks. He added the Commissioners want to make things work for
homeowners but find themselves in a situation where they must meet the guidelines, rules, and
regulations in place for the City. They have made amendments to those rules and regulations to be more
favorable for applications such as these than in the last 40 years. If they do not change the rules, one must
provide proper practical difficulty for going outside those rules or they open up a can of worms with
precedence. Ressler does not think practical difficulties have been met but that does not mean they are not
reasonable, they just do not meet the City’s guidelines. The Commissioners must abide by the rules that
are in place right now. Ms. Saiki made a good point regarding water and drainage, and he is sure anyone
involved in these plans will have to sign off on any drainage plans to make sure it meets the requirements.
Ressler would also not recommend as applied.
Peterson noted one person spoke positively and everyone else, including Staff spoke negatively. He
agrees with denial.
MINUTES OF THE
ORONO PLANNING COMMISSION
Monday, September 19, 2022
6:00 o’clock p.m.
_____________________________________________________________________________________
Page 5 of 9
McCutcheon noted the reduction of hardcover is always a plus and if one wants to move a structure (the
garage) the end result needs to reduce hardcover. He asked if the garage has been demolished yet.
Mr. Gates replied in the negative.
Curtis clarified that is a part of the building permit and they have already demonstrated they can do that
without variances.
Ressler noted it does play into the hardcover and exceeding hardcover becomes a variance. He does not
see that the Applicant is meeting requirements to exceed hardcover.
McCutcheon asked about the rock bed at the front and asked about hardcover regarding a deck or patio.
Curtis clarified they could turn that landscaped area into an on-grade patio or grade level deck.
Mr. Gates spoke about hardcover and noted they are reducing hardcover significantly from 31% to 26%.
The wooden borders are in pretty bad shape and while they are removing those, they will replace with
boulders that serve the same purpose. Regarding the 26% hardcover, the belief is reducing and improving
the situation is part of the purpose of a variance; they are improving the situation not making it worse.
They are not increasing runoff of the house, not increasing the physical footprint, and reducing hardcover.
the guidance that would be helpful is regarding the portion at-grade behind the existing patio, would the
Commissioners be amenable to doing it at-grade with a slight hardcover variance slightly above the 25%?
McCutcheon noted it is hard to say without seeing something.
Ressler thinks if they are currently at 31% hardcover and are proposing less at-grade, an improvement of
the situation is always what the City Council is looking for. He cannot guarantee the City Council would
be in support but Ressler would certainly look at it more favorably.
Bollis thinks the issue is that the Applicant has already demonstrate they can go down to the 25% so it is
hard to wrap their heads around a practical difficulty that now they need another 1%. This is just his view
of it.
Mr. Gates spoke about drainage noting he spoke with the owner at 2817 and indicated they would work
with the owner to try and improve the grading. As Mr. Gates understands it, the owner was selling the
property and was not interested at that time. Regarding 2813, there is a patio on the corner of their house
that encroaches past the ASL, and he is sure that is grandfathered in, but noted it is a little frustrating
when someone comes and speaks against something when they have the same issue. Mr. Gates believes
they may even have some setbacks on the other side of their property.
Bollis asked if Mr. Gates sees drainage getting better with the gabled roof and if they can control the
runoff.
Mr. Gates noted they control the runoff because they only have sides. In theory, they are increasing the
runoff to the sides slightly but with gutters on the gable ends and landscaping, they can better help that. It
is easier on their side to get it to the street. He spoke about elevations of the surrounding properties noting
MINUTES OF THE
ORONO PLANNING COMMISSION
Monday, September 19, 2022
6:00 o’clock p.m.
_____________________________________________________________________________________
Page 6 of 9
all of the neighboring water comes down on to this site and flows into the backyard. He noted they could,
especially with 2817, work with all of these properties and help that situation.
Bollis stated the City has approved some in the ALS with the neighboring house being extremely setback
and he remembers those being hundreds of feet setback. He asked if that is accurate.
Curtis replied they have granted ALS variances and she thinks the way the City Council looks at these is
from a straight Code standpoint in looking at what the setback line is, what encroachments are being
proposed, and whether they are supported by the affected neighbors. She noted they have had all kinds of
different orientations of homes affecting the ALS.
Ressler thinks the feedback for the Applicant is to know where this goes with the City Council. Showing
the hardcover, even though it is in excess of what is applied for, is still an improvement of what they now
have. In talking about odds, he thinks they have better odds of having that entertained. He noted the ALS
is historically very restrictive, but rather than tabling he thinks they should rule on what the
Commissioners have so it continues forward to the City Council rather than coming back to the
Commission.
Ressler moved, Kirchner seconded, to deny LA22-000036, 2815 Casco Point Road, Variances as
applied, for the reasons provided in comments. VOTE: Ayes: 7, Nays 0.
Libby asked to speak about the Orono citizens who came to speak up for what they thought was right. He
is not taking sides on this but he was involved in the 2040 Comprehensive Plan and can say that Orono
has a nicely articulated bluff ordinance that the public may want to look up. Many of the issues and
questions discussed today are articulated in that rule of law which the Commissioners are guided by.
2. LA22-000043 SANJA DEGARMO, 2675 FOX STREET, REQUESTS A FRONT YARD
SETBACK VARIANCE IN ORDER TO CONSTRUCT A GARAGE ADDITION TO THE
EXISTING HOME. (STAFF: MELANIE CURTIS)
Sanja DeGarmo, Applicant, was present.
Staff gave a summary presentation of information. Curtis stated the subject property is on the corner of
Fox Street and Gander Road. The property’s narrower frontage is on Gander Road, making Gander Road
by definition the “front” for setback purposes. The majority of the property is encumbered by a large
wetland, resulting in a relative small buildable area on the 4.4 acre property. The Applicants are
requesting variance from the required 50-foot front yard setback in order to construct a 648 square foot
attached garage addition to the home. The existing 887 square foot detached garage will be removed. The
garage addition is proposed to be set back approximately 35 feet from the front property line, where a 50-
foot setback is required. The existing detached garage is located 22 feet from the front property line. The
Applicant has identified the wetland encroachment, and the location of the existing improvements as
practical difficulties supporting the requested variance. Additionally, they have provided supporting
documentation provided in the packet. Staff finds the practical difficulty criteria has been met. The 4.4
acre property contains approximately 3.5 acres of wetland. The majority of the remaining dry land exists
within the RR-1B building setbacks. The septic system location on the south side of the home further
limits building opportunities in a conforming location. One comment from the public was received in
support; Staff recommends approval of the variance as requested.
MINUTES OF THE
ORONO PLANNING COMMISSION
Monday, September 19, 2022
6:00 o’clock p.m.
_____________________________________________________________________________________
Page 7 of 9
Sanja DeGarmo, Applicant, noted there is really no other place to put an attached garage, noting they
would be decreasing hardscape and it would be a simple two-car garage. The Watershed District does not
require any permitting or approval.
Chair McCutcheon opened the public hearing at 7:16 p.m.
Chair McCutcheon closed the public hearing at 7:16 p.m.
McCutcheon thinks the Applicant did due diligence with what they had and they do not have a lot. The
practical difficulty is understood and it is a sensible ask.
Kraemer echoed McCutcheon noting it is a textbook example of practical difficulty, Staff did a great job,
it is a nice design and set up and it is a yes for him.
Ressler agreed, without disrupting wetlands there is not a reasonable place to put it, and they are
improving current situations to mitigate that practical difficulty. He is prepared to support a motion.
Bollis moved, Kraemer seconded, to approve LA22-000043, 2675 Fox Street, Variance. VOTE:
Ayes: 7, Nays 0.
3. LA22-000045 ADDILAY HOMES & REMODELING, LLC - SCOTT JOHNSON, 1153
ELMWOOD AVENUE, REQUESTS SIDE YARD AND STREET YARD SETBACK
VARIANCES FOR A HOME ADDITION. (STAFF: LAURA OAKDEN)
Scott Johnson, Applicant, was present.
Staff presented a summary packet of information. Oakden noted the Applicant is requesting a street and
sideyard variance for a new garage. The property currently has a detached garage that encroaches in to the
right of way and a deck along the side of the accessory building connecting to the main door of the
home. The Applicant is proposing to remove the existing garage and build a new garage that is attached
to the existing house. The new garage addition will create a new front door to the home and will connect
to the existing sidewalk along the south side of the home. The new improvements will create a 15 foot
sideyard setback where 30 is required but existing conditions of the garage encroaching into the right-of-
way is an improvement. Staff finds the practical difficulty standards are met. The property is substandard
as it pertains to size and width. While the home meets the setbacks for the zoning district there is no
conforming building envelope to allow a garage within reasonable proximity to the home. The property is
unique due to the right‐of‐way which crosses through the parcel limiting the building envelope. The
proposed project will improve the existing conditions of the setbacks today to the street and sideyard, the
engineer has reviewed and noted the proposal appears to remove any encroachments to City right-of-way.
The Applicant submitted letters of support from abutting neighbors, and Oakden received quite a few
phone calls from neighbors interested in the project but did not submit concerns. Staff recommends
approval of the project as proposed.
Scott Johnson, 4130 St. Marks Drive, Minnetonka, is here to answer any questions noting it helps the
situation for the neighbors and reduces the garage from the right-of-way.
Chair McCutcheon opened the public hearing at 7:23 p.m.
MINUTES OF THE
ORONO PLANNING COMMISSION
Monday, September 19, 2022
6:00 o’clock p.m.
_____________________________________________________________________________________
Page 8 of 9
Chair McCutcheon closed the public hearing at 7:23 p.m.
McCutcheon noted the Applicant seems to understand the building envelope and the garage is within that.
He does not think it is egregious and in Minnesota an attached garage makes a lot of sense.
Kirchner agrees and noted the significant benefit in removing the existing detached garage out of the
right-of-way and away from public utilities as noted by Staff. That is a significant improvement to the
benefit of the City and surrounding neighbors when those utilities need to be serviced.
Kraemer agreed it is a win-win-win for the neighbors, homeowner, and City.
Ressler agreed they are improving the position and showing something reasonable. He is in support.
Kirchner moved, Ressler seconded, to approve LA22-000045, 1153 Elmwood Avenue. VOTE: Ayes:
7, Nays 0.
4. LA22-000046 ESKUCHE DESIGN, 3345 FOX STREET, REQUESTS A CONDITIONAL
USE PERMIT FOR A GUEST HOUSE USE. (STAFF: MELANIE CURTIS)
Peter Eskuche, Applicant, was present.
Staff presented a summary packet of information. Curtis noted The Applicant wishes to construct a new,
971 square foot accessory building which will function as a guest house and the property meets size
qualification to support a guesthouse which will be four bedrooms and the septic system on the property
will need to be upsized to support. It will be in a conforming location and will meet all regulations
including height. The City has not received any public comments and Staff recommends approval
conditioned upon the property owner’s agreement for the filing of a covenant in the title of the property
assuring that the guesthouse will not be used for a home occupation, will not be rented or leased under
any circumstances, and recommendation of an additional condition of approval that the septic system be
upgraded appropriately. Staff recommends approval.
Mr. Eskuche noted it is a completely conforming and permitted use and he is available for any questions.
Chair McCutcheon opened the public hearing at 7:28 p.m.
Chair McCutcheon closed the public hearing at 7:28 p.m.
Ressler noted a Conditional Use Permit (CUP) has governing rules and regulations that must be met with
a permit which are the protections the City has.
Ressler moved, Libby seconded, to approve LA22-000046, 3345 Fox Street, Conditional Use Permit
as applied. VOTE: Ayes: 7, Nays 0.
5. LA22-000048 TEXT AMENDMENT RELATED TO MAXIMUM ACCESSORY
BUILDING HEIGHT WITHIN RR-1A AND RR-1B RURAL ZONING DISTRICTS.
(STAFF: LAURA OAKDEN)
MINUTES OF THE
ORONO PLANNING COMMISSION
Monday, September 19, 2022
6:00 o’clock p.m.
_____________________________________________________________________________________
Page 9 of 9
Staff presented a summary packet of information. Oakden stated Staff is proposing a text amendment to
accessory building height, specifically in the rural RR1A and RR1B districts. Currently the City Code
limits maximum building height for accessory buildings to 30 feet defined height in each zoning district
and states further that accessory buildings may not exceed height of principal building on the property.
This becomes a challenge for properties in rural districts with ranch/rambler homes where it is very
common to want a pole-barn or barn-type outbuilding. This Code limits that availability to the rural
district. From a previous application earlier in the summer where the City saw a variance, a text
amendment was discussed by the Planning Commission and the City Council. Staff recommends approval
as drafted.
Chair McCutcheon opened the public hearing at 7:33 p.m.
Chair McCutcheon closed the public hearing at 7:33 p.m.
Kraemer moved, Peterson seconded, to approve LA22-000048 Text Amendment Related to
Maximum Accessory Building Height within Rr-1A and Rr-1B Rural Zoning Districts. VOTE:
Ayes: 7, Nays 0.
OTHER BUSINESS – Update on September 12, 2022 City Council Meeting
Oakden noted a handful of items went through the City Council on the Consent Agenda, the City Council
discussed 3005 Casco Point Road and the City Council recommended approval. She spoke about a marina
sign denial and an emergency slope repair which was approved.
ADJOURNMENT
Ressler moved, Libby seconded, to adjourn the Planning Commission Meeting. VOTE: Ayes 7,
Nays 0.
The Orono Planning Commission meeting adjourned at 7:41 p.m.
ATTEST:
_________________________________________
Mark McCutcheon, Chair
Date Application Received: 07/20/2022
Date Application Considered as Complete: 07/20/2022
120-Day Review Period Expires: 11/17/2022
To: Chair McCutcheon and Planning Commission Members
Adam Edwards, City Administrator
From: Melanie Curtis, Planner mcc
Date: 17 October 2022
Subject: #LA22-000041, Eskuche Design o/b/o Watertower LLC
2987 & 3005 Casco Point Road and PID 20-117-23-34-0027,
Easement Vacation & Public Hearing
Background
The applicant is seeking approval of vacation of existing perimeter drainage and utility (D/U) easement in the plat
of Hartzell Addition which are no longer necessary and create a conflict due to an administrative lot combination
creating two lots where three currently exist. Replacement D/U easements will be granted along the new
boundaries between the two combined lots as depicted on Exhibit B.
The applicant received an average lakeshore setback variance for 3005 Casco Point Road under this same
application number in September (Resolution No. 7284).
Public Comments
Although many of the neighbors have expressed concerns about development of the subject properties and
stormwater management, to date, no public comments have been received specifically on the vacation of the
easements.
DNR + Utility Company Notifications
On July 26th notification was sent to the Commissioner of the Department of Natural Resources pursuant to MN
§412.851 Vacation of Streets as well as relevant utility companies regarding the easements to be vacated.
According to our information no utility or drainage improvements are located in this existing perimeter easements
to be vacated.
Issues for Consideration
1. Does the commission identify any issues or concerns with this application?
Planning Staff Recommendation
Planning Staff recommends approval of the easement vacation as requested in conjunction with the owners
granting new drainage and utility easements over the new common boundary as depicted on Exhibit B.
List of Exhibits
Exhibit A. Application
Exhibit B. Proposed Site Plan – areas to be vacated
Exhibit C. Boundary Line Adjustment
Exhibit D. Notification Letters – Utility + DNR
Exhibit E. Responses
Exhibit F. Property Owners List & Plat Map
Application Summary: The applicant is requesting approval of vacation of drainage and utility easements.
Staff Recommendation: Planning Department Staff recommends approval.
Land Use Application Summary
Application Date:
Address:
Parcel Number:
Land Use Number:
Application Submitted By:
Owner:
Applicant:
07/20/2022
3005 Casco Point RD
Orono, MN 55391
2011723340024
LA22-000041
Agent on behalf of property owner
Name: WATERTOWER LLC
Address: 5100 MIRROR LAKE,
EDINA, MN 55436
Name: Peter Eskuche
Company: Eskuche Design
Address: 18318 Minnetonka Blvd
Deephaven, MN 55391
Contact Information:Associated Contact: Peter Eskuche
peter@eskuche.us
Associated Contact: Sven Gustafson
sven@stonewood.comAssociated Contact:
Associated Contact:
Project Description:New Home
Land Use Application Type:Amendmend Application
Appeal of Admin Decision
Concept Application
Conditional Use Permit
Site Plan Application
Subdivision Application
Subdivision Exception
Vacation Application
Variance Application
Applicant Signature:
From:Easement, Nre
To:Katie Fitzsimmons
Cc:Carson, Cody
Subject:P842738 /Proposed Vacation of Hartzell Addition Drainage and Utility Easements, Orono
Date:Monday, August 1, 2022 2:30:02 PM
Attachments:image001.png
Century Link.pdf
Good afternoon. We have received your request for a Vacate - Abandonment and have set up a
Lumen project accordingly. Your project number is P842738 and it should be referenced in all emails
sent in for review.
Please do not reply to this email. Your project owner is Cody Carson and they can be reached by
email at Cody.Carson@lumen.com with any questions that you may have regarding this project.
Requests are addressed in the order received; Lumen will endeavor to respond within 30 days.
Have a great day!
Best Regards,
Gara Fluitt
Faulk & Foster
1811 Auburn Ave, Monroe, LA 71201
From: Katie Fitzsimmons <kfitzsimmons@ci.orono.mn.us>
Sent: Thursday, July 28, 2022 3:04 PM
To: Easement, Nre <Nre.Easement@lumen.com>
Cc: Melanie Curtis <MCurtis@ci.orono.mn.us>
Subject: P842738 /Proposed Vacation of Hartzell Addition Drainage and Utility Easements, Orono
Good afternoon!
Please see the attached letter and enclosure regarding a proposed vacation request in Orono. Please
reach out with any questions or comments.
Thanks!
Katie
Katie Fitzsimmons
Planning Assistant
Direct: 952.249.4620
2750 Kelley Parkway, Orono, MN 55356
www.ci.orono.mn.us
All permitting can be done through the city’s online portal, here.
This communication is the property of Lumen Technologies and may contain confidential or
privileged information. Unauthorized use of this communication is strictly prohibited and may
be unlawful. If you have received this communication in error, please immediately notify the
sender by reply e-mail and destroy all copies of the communication and any attachments.
26 July 2022
Chuck Mayers
CenterPoint Energy
PO Box 1165
Minneapolis, MN 55440-1165
RE: Proposed Vacation of Hartzell Addition Drainage and Utility Easements, Orono
2987 Casco Point Road; 3005 Casco Point Road; and PID 20-117-23-34-0027
The City of Orono has been requested to vacate the perimeter drainage and utility easements between existing
Lot 1 (PID 20-117-23-34-0027) and Lot 2 (2987 Casco Point Road); and the easements between Lot 2 and Lot 3
(3005 Casco Point Road) which terminate at the OHWL. This action is requested in conjunction with a request to
combine the three lots into two lots as depicted on the attached site plan.
We are not aware of any utilities located within the existing easements; however, we request your confirmation
of this. Enclosed are copies of the proposed site plan, legal descriptions of the easements to be vacated, and the
new drainage and utility easements to be dedicated along the new common line between the two newly created
lots. Please advise whether you have any objections to vacation of the easements shown.
This item will be on the October 17, 2022 Planning Commission Meeting agenda for a public hearing. Receipt of
your comments by or before Monday, October 10th would be appreciated. Please contact me at
mcurtis@ci.orono.mn.us or 952.249.4627 for more information of if you have any questions.
Thank you for your input.
Sincerely,
CITY OF ORONO
Melanie Curtis
Planner
Enclosure
c: via email
26 July 2022
Century Link
SENT VIA EMAIL: Nre.easement@centurylink.com
RE: Proposed Vacation of Hartzell Addition Drainage and Utility Easements, Orono
2987 Casco Point Road; 3005 Casco Point Road; and PID 20-117-23-34-0027
The City of Orono has been requested to vacate the perimeter drainage and utility easements between existing
Lot 1 (PID 20-117-23-34-0027) and Lot 2 (2987 Casco Point Road); and the easements between Lot 2 and Lot 3
(3005 Casco Point Road) which terminate at the OHWL. This action is requested in conjunction with a request to
combine the three lots into two lots as depicted on the attached site plan.
We are not aware of any utilities located within the existing easements; however, we request your confirmation
of this. Enclosed are copies of the proposed site plan, legal descriptions of the easements to be vacated, and the
new drainage and utility easements to be dedicated along the new common line between the two newly created
lots. Please advise whether you have any objections to vacation of the easements shown.
This item will be on the October 17, 2022 Planning Commission Meeting agenda for a public hearing. Receipt of
your comments by or before Monday, October 10th would be appreciated. Please contact me at
mcurtis@ci.orono.mn.us or 952.249.4627 for more information of if you have any questions.
Thank you for your input.
Sincerely,
CITY OF ORONO
Melanie Curtis
Planner
Enclosures
26 July 2022
Office of the President
Frontier Communications
PO Box 5156
Tampa, FL 33675
RE: Proposed Vacation of Hartzell Addition Drainage and Utility Easements, Orono
2987 Casco Point Road; 3005 Casco Point Road; and PID 20-117-23-34-0027
The City of Orono has been requested to vacate the perimeter drainage and utility easements between existing
Lot 1 (PID 20-117-23-34-0027) and Lot 2 (2987 Casco Point Road); and the easements between Lot 2 and Lot 3
(3005 Casco Point Road) which terminate at the OHWL. This action is requested in conjunction with a request to
combine the three lots into two lots as depicted on the attached site plan.
We are not aware of any utilities located within the existing easements; however, we request your confirmation
of this. Enclosed are copies of the proposed site plan, legal descriptions of the easements to be vacated, and the
new drainage and utility easements to be dedicated along the new common line between the two newly created
lots. Please advise whether you have any objections to vacation of the easements shown.
This item will be on the October 17, 2022 Planning Commission Meeting agenda for a public hearing. Receipt of
your comments by or before Monday, October 10th would be appreciated. Please contact me at
mcurtis@ci.orono.mn.us or 952.249.4627 for more information of if you have any questions.
Thank you for your input.
Sincerely,
CITY OF ORONO
Planner
Enclosures
26 July 2022
Steve Hennes
Mediacom
1670 Lake Drive W
Chanhassen, MN 55317
RE: Proposed Vacation of Hartzell Addition Drainage and Utility Easements, Orono
2987 Casco Point Road; 3005 Casco Point Road; and PID 20-117-23-34-0027
The City of Orono has been requested to vacate the perimeter drainage and utility easements between existing
Lot 1 (PID 20-117-23-34-0027) and Lot 2 (2987 Casco Point Road); and the easements between Lot 2 and Lot 3
(3005 Casco Point Road) which terminate at the OHWL. This action is requested in conjunction with a request to
combine the three lots into two lots as depicted on the attached site plan.
We are not aware of any utilities located within the existing easements; however, we request your confirmation
of this. Enclosed are copies of the proposed site plan, legal descriptions of the easements to be vacated, and the
new drainage and utility easements to be dedicated along the new common line between the two newly created
lots. Please advise whether you have any objections to vacation of the easements shown.
This item will be on the October 17, 2022 Planning Commission Meeting agenda for a public hearing. Receipt of
your comments by or before Monday, October 10th would be appreciated. Please contact me at
mcurtis@ci.orono.mn.us or 952.249.4627 for more information of if you have any questions.
Thank you for your input.
Sincerely,
CITY OF ORONO
Melanie Curtis
Enclosures
c: via email
Mark Niebuhr
26 July 2022
Xcel Energy
Attn: Sean W. Lawler, Land Rights Agent
414 Nicollet Mall (MP-8A)
Minneapolis, MN 55401
RE: Proposed Vacation of Hartzell Addition Drainage and Utility Easements, Orono
2987 Casco Point Road; 3005 Casco Point Road; and PID 20-117-23-34-0027
The City of Orono has been requested to vacate the perimeter drainage and utility easements between existing
Lot 1 (PID 20-117-23-34-0027) and Lot 2 (2987 Casco Point Road); and the easements between Lot 2 and Lot 3
(3005 Casco Point Road) which terminate at the OHWL. This action is requested in conjunction with a request to
combine the three lots into two lots as depicted on the attached site plan.
We are not aware of any utilities located within the existing easements; however, we request your confirmation
of this. Enclosed are copies of the proposed site plan, legal descriptions of the easements to be vacated, and the
new drainage and utility easements to be dedicated along the new common line between the two newly created
lots. Please advise whether you have any objections to vacation of the easements shown.
This item will be on the October 17, 2022 Planning Commission Meeting agenda for a public hearing. Receipt of
your comments by or before Monday, October 10th would be appreciated. Please contact me at
mcurtis@ci.orono.mn.us or 952.249.4627 for more information of if you have any questions.
Thank you for your input.
Sincerely,
CITY OF ORONO
Melanie Curtis
Planner
Enclosures
c: via email
26 July 2022
SENT VIA U.S. CERTIFIED MAIL: 7015 1520 0000 3575 7396
Sarah Strommen
Commissioner of the Department of Natural Resources
500 Lafayette Road
St. Paul, MN 55155-4040
Ms. Strommen:
RE: Proposed Vacation of Hartzell Addition Drainage and Utility Easements, Orono
2987 Casco Point Road; 3005 Casco Point Road; and PID 20-117-23-34-0027
The City of Orono has been requested to vacate the perimeter drainage and utility easements between existing
Lot 1 (PID 20-117-23-34-0027) and Lot 2 (2987 Casco Point Road); and the easements between Lot 2 and Lot 3
(3005 Casco Point Road) which terminate at the OHWL. This action is requested in conjunction with a request to
combine the three lots into two lots as depicted on the attached site plan.
Enclosed please find a copy of the proposed site plan highlighting the easements to be vacated, and location of
the new drainage and utility easements to be dedicated along the new common line between the two newly
created lots. Please advise whether you have any objections to vacation of the easements shown.
This item will be on the October 17, 2022 Planning Commission Meeting agenda for a public hearing. Receipt of
your comments by or before Monday, October 10th would be appreciated. Please contact me at
mcurtis@ci.orono.mn.us or 952.249.4627 for more information of if you have any questions.
Thank you for your input.
Sincerely,
CITY OF ORONO
Melanie Curtis
Planner
c: via email
You don't often get email from kfitzsimmons@ci.orono.mn.us. Learn why this is important
From:Mayers, Charles J
To:Katie Fitzsimmons
Cc:Mayers, Charles J
Subject:RE: [External Email] Proposed Vacation of Hartzell Addition Drainage and Utility Easements, Orono
Date:Wednesday, August 3, 2022 7:47:03 AM
Attachments:image001.png
image002.png
image003.png
image004.png
image005.png
Hi Katie,
CenterPoint Energy has no issues or concerns with the Vacation of Hartzell Addition DU&E in Orono.
Have a great safe day.
Chuck Mayers
Chuck Mayers SR/WA
Senior Agent, Right of Way
System Integrity & Operation Support
612-321-5381 w. | 952-334-9180 c.
Charles.mayers@centerpointenergy.com
From: Katie Fitzsimmons <kfitzsimmons@ci.orono.mn.us>
Sent: Thursday, July 28, 2022 2:56 PM
To: Mayers, Charles J <charles.mayers@CenterpointEnergy.com>
Cc: Melanie Curtis <MCurtis@ci.orono.mn.us>
Subject: [External Email] Proposed Vacation of Hartzell Addition Drainage and Utility Easements,
Orono
EXTERNAL EMAIL
| CAUTION: This message originated from outside CenterPoint Energy. Do not click on links,
open attachments, or enter data unless you recognize the sender, were expecting the content
and know it to be safe.
Good afternoon Charles,
Please see the attached letter and enclosure regarding a proposed vacation request in Orono. Please
reach out with any questions or comments. The attached has also been mailed to you.
Thanks!
Katie
Katie Fitzsimmons
Planning Assistant
Direct: 952.249.4620
2750 Kelley Parkway, Orono, MN 55356
www.ci.orono.mn.us
All permitting can be done through the city’s online portal, here.
***** This email is from an external sender outside of the CenterPoint Energy network. Be cautious
about clicking links or opening attachments from unknown sources. *****
From:Padilla, Mason O
To:Katie Fitzsimmons
Cc:Lawler, Sean W
Subject:Orono Easement Vacation Request
Date:Tuesday, August 2, 2022 9:17:21 AM
Katie,
After inspection, there are no existing utilities along the proposed easement vacation request.
Thank you,
Mason Padilla
Xcel Energy
Intern, Siting and Land Rights
414 Nicollet Mall, Minneapolis, MN 55401
E: mason.o.padill@xcelenergy.com
He nn epin Co u n ty L oc ate & N o tify Map
300 5 C a sco Pt. R d .
0 100 20050 Feet
Da te : 7/2 0/20 22
Buffer Size:500Map Co mm e nts :
Th is d ata (i) is furn ish ed 'AS IS' with no represen ta tion as tocompleteness or accuracy; (ii) is fu rn ish ed with n o warra nty of anykind; an d (iii) is n ot suitable for le ga l, eng ineerin g or surve yingpurposes. Hennepin County shall not b e liab le for a ny da ma ge , in ju ryor loss resu lting from this dat a.
Fo r mo re inf ormation , co nta ct Hen ne pin Co un ty GI S Off ice300 6th S tree t So uth , Minn ea polis, MN 5 5487 / gis.in fo@h en ne pin.us
38 20-117-23 31 0035
ROBERT G SORENSEN
STACI D SORENSEN
2940 CASCO POINT RD
WAYZATA MN 55391
38 20-117-23 31 0036
PAUL F JOHNCOX
2948 CASCO POINT RD
WAYZATA MN 55391
38 20-117-23 31 0038
ED PEKARIK JR
2990 CASCO POINT RD
WAYZATA MN 55391
38 20-117-23 31 0045
NEIL GOODWIN/BARBARA GOODWIN
2975 CASCO POINT RD
WAYZATA MN 55391
38 20-117-23 31 0047
MICHELLE WILLIAMS-ABBOTT TR
2941 CASCO POINT RD
WAYZATA MN 55391
38 20-117-23 31 0048
NANCY G BROWN
2933 CASCO POINT RD
WAYZATA MN 55391
38 20-117-23 31 0060
JERRY & BONNIE MARTINSON
2970 CASCO POINT RD S
WAYZATA MN 55391
38 20-117-23 31 0061
JONATHAN R & AMY R MILLER
2980 CASCO POINT RD
WAYZATA MN 55391
38 20-117-23 31 0063
DENNIS-OARE TRUST
MICHELE WILLIAMS-ABBOTT TRU
2967 CASCO POINT RD
WAYZATA MN 55391
38 20-117-23 31 0064
TIMOTHY J OARE
LESLIE M OARE
2967 CASCO POINT RD
WAYZATA MN 55391
38 20-117-23 31 0065
THE CITY OF ORONO
P O BOX 66
CRYSTAL BAY MN 55323
38 20-117-23 34 0001
JAY S HULBERT
3035 CASCO POINT RD
WAYZATA MN 55391
38 20-117-23 34 0002
STEVEN & IRENE STANDA
3025 CASCO POINT RD
WAYZATA MN 55391
38 20-117-23 34 0003
DANIEL & HELENA SEIDEL
3015 CASCO PT RD
WAYZATA MN 55391
38 20-117-23 34 0005
PHILLIP S WHIPPLE
3095 CASCO POINT RD
WAYZATA MN 55391
38 20-117-23 34 0006
KENT E & SUSAN J RICHEY
3105 CASCO PT RD
ORONO MN 55391
38 20-117-23 34 0010
CHERYL CORYEA
3085 CASCO POINT RD
WAYZATA MN 55391
38 20-117-23 34 0011
JERRAMIE VONDALL
KIMBERLY VONDALL
3065 CASCO POINT RD
WAYZATA MN 55391
38 20-117-23 34 0012
ZDENKA FENIKOVA
3045 CASCO POINT RD
WAYZATA MN 55391
38 20-117-23 34 0017
DORIS MOLITOR-WATERS
3061 CASCO POINT RD
WAYZATA MN 55391
38 20-117-23 34 0018
JOHN W DENNIS IRREV SUBTRUST
C/O JOHN W DENNIS
3055 CASCO POINT RD
WAYZATA MN 55391
38 20-117-23 34 0023
WATERTOWER LLC
5100 MIRROR LAKE DINT RD
EDINA MN 55436
38 20-117-23 34 0024
WATERTOWER LLC
5100 MIRROR LAKE DINT RD
EDINA MN 55436
38 20-117-23 34 0025
JAMIE GRANT
3020 CASCO POINT RD
WAYZATA MN 55391
38 20-117-23 34 0026
LEAH CARLSON
JOEL S CARLSON
5990 KIMBERLY LA N
PLYMOUTH MN 55446
38 20-117-23 34 0027
WATERTOWER LLC
5100 MIRROR LAKE DR
EDINA MN 55436
38 20-117-23 42 0005
CITY OF ORONO
PO BOX 66
CRYSTAL BAY MN 55323
38 20-117-23 42 0006
HENNEPIN FORFEITED LAND
NOT FOR SALE/UNDER WATER IN
LAKE MTKA
38 20-117-23 43 0035
PATRICK KINZIE
MORGAN KINZIE
3040 CASCO POINT RD
WAYZATA MN 55391
38 20-117-23 43 0045
LISA B KAERCHER
JOHN DAVID KAERCHER
3297 CASCO CIRCLE
WAYZATA MN 55391
38 20-117-23 43 0048
BRIAN V & DAWN R NELSON
3305 CASCO CIR
WAYZATA MN 55391
38 20-117-23 43 0049
LAWRENCE L BRUSTAD
3309 CASCO CIRCLE
WAYZATA MN 55391
38 20-117-23 43 0051
WILLIAM D GUST
3034 CASCO POINT RD
WAYZATA MN 55391
38 20-117-23 43 0052
KRISTEN & ANDREW RONNINGEN
3030 CASCO POINT RD
WAYZATA MN 55391
38 20-117-23 43 0055
DONALD JAMES KAVANAGH
3038 CASCO POINT RD
WAYZATA MN 55391
Date Application Received: 08/02/2022
Date Application Considered as Complete: 09/23/2022
60-Day Review Period Expires: 11/22/2022
To: Chair McCutcheon and Planning Commission Members
Adam Edwards, City Administrator
From: Melanie Curtis, Planner mcc
Date: 17 October 2022
Subject: #LA22-000042, Shawn Wischmeier, 540 Big Island,
CUP – Permanent Dock
Public Hearing
Background
The applicant owns a seasonal residence on Big Island. They wish to install a permanent dock.
Because of the permanent nature of the dock structure within the floodway, a conditional use
permit (CUP) is required. The Lake Minnetonka Conservation District (LMCD) regulates docks on the
Lake.
CUP (Section 78-1117)
Floodway means the bed of a wetland or lake and the channel of a watercourse and those portions
of the adjoining floodplain which are reasonably required to carry or store the regional flood
discharge. Permanent docks may be allowed as a conditional use within the floodway following the
standards and procedures set forth in City Code Section 78-1148 and further subject to the
standards set forth in Code Section 78-1119. The applicant’s request is on the LMCD schedule for a
public hearing on Wednesday, November 9th meeting. The LMCD has not yet fully processed the
application; however, the proposed dock will extend approximately 100 feet from the shore, and
appears that it will meet all LMCD-required setbacks.
Conditional Use Permit (Sections 78-916 & 78-1119)
The Planning Commission may recommend and the Council may grant a Conditional Use Permit
(CUP) as the use permit was applied for or in modified form. On the basis of the application and
the evidence submitted, the city must find that the proposed use at the proposed location is or
will be:
1) Consistent with the community management plan; Docks are anticipated accessory
uses on lakeshore residential properties. This criterion is met.
2) Compliant with the zoning code, including any conditions imposed on specific uses as
required by article V, division 3 of the City Code; Docks are listed as allowed accessory
uses in residential zoning districts. This criterion is met.
3) Adequately served by police, fire, roads, and stormwater management. This criterion is
met.
4) Provided with an adequate water supply and sewage disposal system; Not applicable.
5) Not expected to generate excessive demand for public services at public cost; The
permanent dock is not expected to generate an excessive demand for public services.
This criterion is met.
Application Summary: The applicant is requesting approval of a conditional use permit for a
permanent dock.
Staff Recommendation: Planning Department Staff recommends approval with conditions.
FILE # LA22-000042
17 October 2022
Page 2 of 4
6) Compatible with the surrounding area as the area is used both presently and as it is
planned to be used in the future; There are other seasonal and permanent docks in the
general area, there is no proposed change of use. This criterion is met.
7) Consistent with the character of the surrounding area, unless a change of character is
called for in the community management plan; No change is proposed in the
Comprehensive Plan. This criterion is met.
8) Compatible with the character of buildings and site improvements in the surrounding
area, unless a change of character is called for in the community management plan;
There are other seasonal and permanent docks in the general area, there is no
proposed change of use. This criterion is met.
9) Not expected to substantially impair the use and enjoyment of the property in the area or
have a materially adverse impact on the property values in the area when compared to
the impairment or impact of generally permitted uses; The proposed permanent dock is
not expected to impair property values or impact permitted uses in the area. This
criterion is met.
10) Provided with screening and buffering adequate to mitigate undesirable views and
activities likely to disturb surrounding uses; By the nature of the dock it will project
from the shore into the lake as permitted by the LMCD. This criterion is met.
11) Not create a nuisance which generates smoke, noise, glare, vibration, odors, fumes, dust,
electrical interference, general unsightliness, or other means; This criterion is met.
12) Not cause excessive non-residential traffic on residential streets, parking needs that
cause a demonstrable inconvenience to adjoining properties, traffic congestion, or unsafe
access; This residential dock on a single family property is not expected to generate
excessive traffic or be an inconvenience to adjoining properties. This criterion is met.
13) Designed to take into account the natural, scenic, and historic features of the area and to
minimize environmental impact; By the nature of the dock it will project from the shore
into the lake as permitted by the LMCD. This criterion is met.
14) All exterior lighting shall be so directed so as not to cast glare toward or onto the public
right-of-way or neighboring residential uses or districts; The applicant will be informed of
this requirement; and
15) Not detrimental to the public health, public safety, or general welfare. This criterion is
met.
Additional standards for floodway conditional uses (Sec. 78-1119). A conditional use must not cause
any increase in the stage of the one percent chance or regional flood or cause an increase in flood
damages in the reach or reaches affected.
Accessory structures. Accessory structures, as identified in section 78-1118(1), may be permitted,
provided that:
(1) Structures are not intended for human habitation;
(2) Structures will have a low flood damage potential;
(3) Structures will be constructed an placed so as to offer a minimal obstruction to the flow of
flood waters;
(4) Service utilities, such as electrical and heating equipment, within these structures must be
elevated to or above the regulatory flood protection elevation or properly floodproofed;
(5) Structures must be elevated on fill or structurally dry floodproofed in accordance with the
FP1 or FP2 floodproofing classifications in the state building code. All floodproofed
FILE # LA22-000042
17 October 2022
Page 3 of 4
structures must be adequately anchored to prevent flotation, collapse or lateral
movement and designed to equalize hydrostatic flood forces on exterior walls.
(6) As an alternative, an accessory structure may be internally/wet floodproofed to the FP3 or
FP4 floodproofing classifications in the state building code, provided the accessory
structure constitutes a minimal investment and does not exceed 576 square feet in size.
Designs for meeting this requirement must either be certified by a registered professional
engineer or meet or exceed the following criteria:
a. To allow for the equalization of hydrostatic pressure, there must be a minimum of
two "automatic" openings in the outside walls of the structure, with a total net area
of not less than one square inch for every square foot of enclosed area subject to
flooding; and
b. There must be openings on at least two sides of the structure and the bottom of all
openings must be no higher than one foot above the lowest adjacent grade to the
structure. Using human intervention to open a garage door prior to flooding will not
satisfy this requirement for automatic openings.
(d) Structural works for flood control that will change the course, current or cross section of
protected wetlands or public waters are subject to the provisions of Minn. Stat. § 103G.245.
(e) A levee, dike or floodwall constructed in the floodway must not cause an increase to the one
percent chance or regional flood. The technical analysis must assume equal conveyance or
storage loss on both sides of a stream.
(f) Floodway developments must not adversely affect the hydraulic capacity of the channel and
adjoining floodplain of any tributary watercourse or drainage system.
A CUP may be granted subject to such conditions as the Council may prescribe. Additionally, a
CUP shall remain in effect as long as the conditions imposed by the City Council are observed, but
nothing in this section shall prevent the city from enacting or amending official controls to change
the status of conditional uses.
Conditional Use Permit Analysis
Orono’s concurrent jurisdiction over permanent docks is primarily via the City’s floodplain
regulations, which provide no significant standards pertinent to the approval of permanent docks.
Both permanent and seasonal docks fall under the zoning category of accessory structures, so with
the exception of the RS District, one cannot have a permanent or seasonal dock without a principal
residence structure. This property is zoned RS- Seasonal Recreation, there is a seasonal principal
residence on the property.
There are no specific Building Code construction standards for docks. The City will require that a
zoning permit be issued to document the existence and construction of the permanent dock.
Permanent docks (i.e. those docks with permanent pilings which cannot be removed without heavy
equipment) sometimes result in requests by property owners for winter de-icing, to avoid ice
damage. The applicant has not indicated there will be a need for winter de-icing, but should be
asked to confirm this. There are other permanent docks on Big Island, and the city has received no
documented problems or issues.
Another potential concern would be whether the work is in a sensitive habitat or spawning area, and
whether the permanent dock might affect navigation or winter vehicular traffic on the lake. Neither
FILE # LA22-000042
17 October 2022
Page 4 of 4
of these issues are apparent with this application.
Public Comments
To date, no public comments have been received.
Planning Staff Recommendation
Staff recommends approval of the conditional use permit for construction of the proposed permanent
dock subject to the following conditions:
1. The dock may be allowed as long as it continues to be permitted by the LMCD and DNR and
is in conformity with the rules and regulations of those agencies; and
2. The dock is not to be used for commercial purposes or rented.
3. A building permit is required for the installation of the permanent dock.
List of Exhibits
Exhibit A. Application
Exhibit B. Survey
Exhibit C. Dock Plans
Exhibit D. Property Owners List
Exhibit E. Plat Map
Land Use Application Summary
Application Date:08/02/2022
Address:540 Big Island
Orono, MN 55331
Parcel Number:2211723420001
Land Use Number:LA22-000042
Application Submitted By:Property Owner
Owner:Name: SHAWN WISCHMEIER
Address: KELLY WISCHMEIER 2851 WASHTA BAY RD
Applicant:Name: Shawn Wischmeier
Company: Margaret A. Cargill Philanthropies
Address: 6889 Rowland Road
Eden Prairie, MN 55344
swischmeier@macphil.org
Contact Information:Associated Contact: Kelly Wischmeier
kgwisch@hotmail.com
Associated Contact:
Associated Contact:
Associated Contact:
Project Description:ATF Variance for Lakeside deck/landing
Land Use Application Type:Amendmend Application
Appeal of Admin Decision
Concept Application
Conditional Use Permit
Site Plan Application
Subdivision Application
Subdivision Exception
Vacation Application
Variance Application
Applicant Signature:
38 22-117-23 31 0001
FAUS FAMILY INVESTMENTS LP
3810 YORK AVE S
MPLS MN 55410
38 22-117-23 31 0002
CHRIST'S FAM CHRCH METRO INC
7375 BUSH LAKE RD
EDINA MN 55439
38 22-117-23 42 0001
SHAWN WISCHMEIER
KELLY WISCHMEIER
110 SUNRISE AVE
EXCELSIOR MN 55331
38 22-117-23 42 0002
GERALD A ERICKSON JR
4567 AMERICAN BLVD W
MINNEAPOLIS MN 55437
38 22-117-23 42 0021
BIG ISLAND INC
PO BOX 188
EXCELSIOR MN 55331
He nn epin Co u n ty L oc ate & N o tify Map
540 Bi g Isla nd
0 200 400100 Feet
Da te : 8/2 /2 02 2
Buffer Size:500Map Co mm e nts :
Th is d ata (i) is furn ish ed 'AS IS' with no represen ta tion as tocompleteness or accuracy; (ii) is fu rn ish ed with n o warra nty of anykind; an d (iii) is n ot suitable for le ga l, eng ineerin g or surve yingpurposes. Hennepin County shall not b e liab le for a ny da ma ge , in ju ryor loss resu lting from this dat a.
Fo r mo re inf ormation , co nta ct Hen ne pin Co un ty GI S Off ice300 6th S tree t So uth , Minn ea polis, MN 5 5487 / gis.in fo@h en ne pin.us
Date Application Received: 09/20/2022
Date Application Considered as Complete: 09/26/2022
60-Day Review Period Expires: 11/25/2022
To: Chair McCutcheon and Planning Commission Members
Adam Edwards, City Administrator
From: Melanie Curtis, Planner mcc
Date: October 17, 2022
Subject: #LA22-000052, Denali Custom Homes, 1780 Shadywood Rd,
Variances
Public Hearing
Background
The applicant is proposing to remove the existing detached garage which is situated on the rear
property line and construct an attached garage addition with living space above 18.3 feet from the
rear property line where a 30-foot setback is required. Additionally the property currently has
32.7% (3,991 square feet) hardcover. They are proposing an 84 square foot reduction resulting in
32.01% hardcover. Variances for rear setback and hardcover are requested. Initially, a driveway
setback variance was requested however, the applicant’s revised the plan to conform to the 5-foot
side setback at the suggestion of staff.
Practical Difficulties Analysis
Applicant Submittal Information: The
applicant has identified the
nonconforming lot size as a practical
difficulty supporting the requested
variance(s). Additionally, they have
provided supporting documentation
regarding Practical Difficulties
attached as Exhibit B, and should be
asked for additional testimony
regarding the application.
Planning Staff Practical Difficulty
Analysis: Regarding practical
difficulty, Staff finds the
nonconforming size and width of the
property, combined with the angle of
the 75-foot setback across the
property create difficulties for development. However, staff finds there is a conforming building
envelope available to support a garage addition. The 3 car garage addition creates more hardcover
than necessary for reasonable use of the property. Reducing the size of the garage addition would
bring the hardcover closer to conformance. The applicant has not provided practical difficulty
statements that support the proposed addition size and hardcover levels.
Application Summary: The applicant is requesting a rear yard setback variance and
hardcover variance in order to construct an addition to the home.
Staff Recommendation: Planning Department Staff recommends denial.
FILE #LA22-000052
17 October 2022
Page 2 of 5
LOT ANALYSIS WORKSHEET
Section 78-350 – Setbacks:
LR-1C DISTRICT Required Existing Proposed
Rear/Street 30’ 0’ garage
53.8’ house
18.3’ house w/
attached garage
North Side 7.5’ 8’ 8’
South Side 7.5’ 13.4’ No change
Lakeshore 75’ 63’ deck
79’ house No change
Average Lakeshore The improvements are conforming with respect to average
lakeshore setback.
Section 78-350 – Lot Area/Width:
LR-1C DISTRICT Lot Area Lot Width
Required 21,780 s.f. (0.5 acres) 100’
Actual 12,206 s.f. (0.28 acre) 70’ @ 75’ / 70’ @ OHWL
Section 78-1403 – Structural Building Coverage:
Total Lot Area Total Structural Coverage
12,206 s.f. (0.23 acre) Allowed: 2,441 s.f. (20%)
Existing: 1,964 s.f. (16%)
Proposed: 2,355 s.f. (19.2%)
Section 78-1700 – Hardcover Calculations:
Stormwater
Overlay District
Tier
Total Area in
Zone
Allowed
Hardcover
Existing
Hardcover
Proposed
Hardcover
Tier 1 12,206 s.f. 3,051 s.f.
(25 %)
3,991 s.f.
(32.7%)
3,097 s.f.
(32.01%)
Applicable Regulations:
Rear Yard Setback Variance (Code Section 78-350)
An attached garage is required to meet the principal building setback of 30-feet from the rear/street
property line. As designed, the 40’ x 24’ garage addition encroaches into the setback by 12.5 feet.
The existing detached side load garage is situated on the rear property line resulting in a 0-foot
setback. Additionally there is an existing driveway/parking area on the street side of the garage
completely within the County right-of-way. The proposed plan will eliminate the illegal driveway,
and improve the rear setback.
Hardcover Variance (Code Section 78-1700)
The applicant is removing the existing 642 square foot, detached garage and driveway hardcover in
the right of way, beyond the property boundary. Removal of hardcover outside the property
boundaries is not reflected in the “proposed” hardcover calculations as hardcover removals. A 1,033
FILE #LA22-000052
17 October 2022
Page 3 of 5
square foot garage addition with a 391 square foot, larger footprint is proposed.
The hardcover proposed to serve the new, 3-car garage also accommodates a required turnaround
due to the property access on Shadywood Road/CSAH 19. The turnaround proposed is
approximately 8’ x 12’, the minimum required, however it will allow for better turning access and
may also provide an additional parking spot on the property. The proposed addition results in
19.2% structural coverage where 16% currently exists. 20% is the maximum structural coverage level
permitted, however the result of maximizing the structural footprint is 32.01% hardcover.
The new driveway will meet the required 5-foot setback from the property line.
Governing Regulation: Variance (Section 78-123)
In reviewing applications for variance, the Planning Commission shall consider the effect of the
proposed variance upon the health, safety and welfare of the community, existing and anticipated
traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of
property in the surrounding area. The Planning Commission shall consider recommending approval
for variances from the literal provisions of the Zoning Code in instances where their strict
enforcement would cause practical difficulties because of circumstances unique to the individual
property under consideration, and shall recommend approval only when it is demonstrated that such
actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic
considerations alone do not constitute practical difficulties. Practical difficulties also include but are
not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be
granted for earth-sheltered construction as defined in Minn. Stat. §216C.06, subd. 14, when in
harmony with this chapter. The board or the council may not permit as a variance any use that is
not permitted under this chapter for property in the zone where the affected person's land is
located. The board or council may permit as a variance the temporary use of a one-family dwelling
as a two-family dwelling.
According to MN §462.357 Subd. 6(2) variances shall only be permitted when:
1. The variance is in harmony with the general intent and purpose of the Ordinance. The
requested setback variance to construct an attached garage to the home as well as
construct a second story over the garage is reasonable and results in a 18-foot setback
improvement from the existing condition. However the proposed hardcover level is not
the minimum amount necessary to meet the applicant’s needs. This criterion is not met.
2. The variance is consistent with the comprehensive plan. The variances allowing the
addition to the existing home in a residential zone are consistent with the Comprehensive
Plan. The setback variance allowing the connection of the garage to the home including
the upward volume expansions will improve the safety along the roadway and improve
the livability and functionality of the house. However, combined with the proposed
footprint size, the level of hardcover proposed is inconsistent with the comprehensive
plan. This criterion is not met.
3. The applicant establishes that there are practical difficulties.
a. The property owner proposes to use the property in a reasonable manner not
permitted by the official controls; The applicant’s request to permit a connecting
addition to the home and upward expansion of the garage within the rear setback
is not reasonable as there is an adequate building envelope available. A
conforming addition is permitted and the resulting hardcover levels may be more
reasonable than the current proposal.
FILE #LA22-000052
17 October 2022
Page 4 of 5
b. There are circumstances unique to the property not created by the landowner; The
lot size and the location of the garage and home on the property were not created
by the owners; and
c. The variance will not alter the essential character of the locality. The requested
variances will result in the home being out of character with the neighborhood
based on the scale and proximity to Shadywood Road. The new encroachments of
the home addition and additional massing resulting from the second story will
alter the character of the locality. This criterion is not met.
Additionally City Code 78-123 provides additional parameters within which a variance may be
granted as follows:
4. Economic considerations alone do not constitute practical difficulties. Economic
considerations have not been a factor in the variance approval determination.
5. Practical difficulties also include but are not limited to inadequate access to direct sunlight
for solar energy systems. Variances shall be granted for earth-sheltered construction as
defined in Minn. Stat. § 216C.06, subd. 17, when in harmony with Orono City Code Chapter
78. This condition is not applicable.
6. The board or the council may not permit as a variance any use that is not permitted under
Orono City Code Chapter 78 for property in the zone where the affected person's land is
located. This condition is not applicable, as a residential home is an allowed use in the 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 lot size, detached garage location, and
hardcover level are existing conditions which are not uncommon in the immediate
neighborhood.
9. The conditions do not apply generally to other land or structures in the district in which the
land is located. The location of the detached garage and hardcover level are existing
conditions which are not unique to the property. However, the applicant’s proposal to
construct a garage addition to the existing conforming house will result in the house
becoming nonconforming with respect to rear setback.
10. The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant. Substantial property right is provided by the
principal structure. The proposed expansion of the existing conforming home into the
rear setback is not a right, however the property has a reasonable building envelope
which will support a garage addition in a conforming location to improve the functionality
and livability. Expanding the home into a setback area with the proposed hardcover level
is not a right.
11. The granting of the proposed variance will not in any way impair health, safety, comfort or
morals, or in any other respect be contrary to the intent of this chapter. Granting the
requested variances is contrary to the intent of the zoning chapter.
12. The granting of such variance will not merely serve as a convenience to the applicant, but is
necessary to alleviate demonstrable difficulty. The currently requested variances are not
necessary to increase functionality of the home, and will merely serve as a convenience to
the owners.
The Commission may recommend or Council may impose conditions in granting of variances. Any
conditions imposed must be directly related to and must bear a rough proportionality to the impact
created by the variance. No variance shall be granted or changed beyond the use permitted in this
FILE #LA22-000052
17 October 2022
Page 5 of 5
chapter in the district where such land is located.
Public Comments
To date, no public comments have been received.
Issues for Consideration
1. Does the Planning Commission find that that the property owner proposes to use the
property in a reasonable manner which is not permitted by an official control?
2. Does the Planning Commission find that the variance(s), if granted, will not alter the
essential character of the neighborhood?
3. Does the Commission find it necessary to impose conditions in order to mitigate the
impacts created by the granting of the requested variance(s)?
4. Are there any other issues or concerns with this application?
Planning Staff Recommendation
After reviewing the proposed plans, it appears that by reducing the garage addition to conform to the
rear setback (approximately ±680 square foot footprint) and making changes to the driveway to line
up with the smaller garage footprint, it may be possible to offer an approximate 550 square foot
reduction from the existing hardcover resulting in approximately 28% for the site. There is a
reasonable building envelope in which to construct the addition. For this reason, staff cannot support
the level of hardcover variance proposed or the setback variance for the addition.
Staff recommends the applicant redesign the plan to reduce the home footprint, hardcover, or both.
A hardcover variance may still be required, however, the resulting footprint and hardcover level will
be much more appropriately scaled for the property and the area.
Planning Staff recommends denial as proposed.
List of Exhibits
Exhibit A. Application
Exhibit B. Practical Difficulties Documentation Form
Exhibit C. Proposed Survey
Exhibit D. Staff Annotated Survey
Exhibit E. Proposed Plans and Elevations
Exhibit F. Submitted Hardcover Calculations
Exhibit G. Property Owners List
Exhibit H. Plat Map
Land Use Application Summary
Application Date:09/20/2022
Address:1780 Shadywood RD
Orono, MN 55391
Parcel Number:1711723210024
Land Use Number:LA22-000052
Application Submitted By:Agent on behalf of property owner
Owner:Name: Jon & Erin Wessling
Address: Jon and Erin Wessling
Applicant:Name: Dan Phillips
Company: Denali Custom Homes
Address: 18352 Minnetonka Blvd.
Wayzata, MN 55391
Dan@denalicustomhomes.com
Contact Information:Associated Contact: Dan Phillips
Dan@denalicustomhomes.com
Associated Contact:
Associated Contact:
Associated Contact:
Project Description:
Demolish existing garage that is in right of way and build new attached
garage and small addition off front of house where existing deck exists. We
plan on removing other areas of rock over plasctic and planting sod as well.
Land Use Application Type:Amendmend Application
Appeal of Admin Decision
Concept Application
Conditional Use Permit
Site Plan Application
Subdivision Application
Subdivision Exception
Vacation Application
Variance Application
Applicant Signature:
18352 Minnetonka Blvd,
Wayzata, MN, 55391
(612) 282-0918
chad@denalicustomhomes.com
Variance Request: 1780 Shadywood Road.
To the Orono Planning Board,
We are seeking a variance for the proposed changes for the property
at 1780 Shadywood Road. These changes are all improvements to the
current situation for both the City and the Homeowners.
First a bit about the existing property and conditions:
• The existing garage is in the road right-of-way.
• The existing garage lies completely outside of the rear lot
setback.
• The existing property is non-conforming.
• The existing driveway configuration is unsafe, requiring the
homeowners to back into their property or back out of their
property onto very busy Shadywood Road (County Road 51).
• The current hardcover is 39.91%.
Our Clients/Homeowners would like to complete the following,
improving the safety and conformity of the property:
• The homeowners are proposing to remove the existing
dangerous garage from the road right-of-way and rear lot
setback, attaching a new garage to the existing home.
• Relocating the garage will help allow motorists to exit the
property onto Shadywood Road in a forward direction.
• The addition of a City required turnaround pad will further
enable vehicles room to orientate vehicles exiting the
property in a forward manner.
• To accommodate safe navigation, the homeowners are
seeking to construct a 3-car garage. The 3-car garage will
allow for parking for the 3 drivers, keeping the turnaround
space open for its intended purpose.
• With no street parking, a 3-car garage and accompanying
turnaround is a key element to the safety and usability of this
property.
• While extending past the rear setback, the three-car garage
greatly improves the complete encroachment of the current
garage within the rear lot setback and totally removes it from
road right-of-way.
• The proposed property improvements reduce hardcover from
the current 39.91% to down to 39.07%.
• The proposed structural changes are still below the maximum
requirements.
For the reasons stated above as to the existing property and its non-
conforming and dangerous layout, we and our clients believe that
what we propose greatly improves the lot for all parties.
In summation, we are removing a dangerous traffic liability, removing
an existing garage that lies totally into the rear lot setback and
partially into the City road right-of-way, and reducing the total
hardcover. The client only asks in return to have a variance issued to
build the new garage only partially into the rear lot setback, allowing
for safe ingress/egress to the property.
City of Orono
2750 Kelley Parkway,
Orono, MN 55356
April 22, 2022
To the City of Orono Planning Commission,
We are writing this letter on behalf of our client to request a variance for a rear yard setback and
driveway setback. The property is located at 1780 Shadywood Rd. The current lot is nonconforming
including a detached garage that is placed in the road right of way.
Our clients are proposing to demolish an existing garage that currently resided in the road right of way.
They would then like to build an attached garage to the existing home. The proposed attached garage
would be within the new construction setback and would greatly improve the setback over the current
structure. The new structure would reside entirely within the property in question, the existing garage
has a corner within the road right of way. With the proposed new location of the garage, the client
would also like to widen their driveway as far to the lot line as possible. This will allow them to turn
around and exit their property driving in a forward direction. Currently, you must back out into the
roadway. This will greatly improve the safety of entering and exiting the property for all motorists.
In summary, we ask you to approve building an attached garage in place of a non-conforming detached
garage and widening the driveway to improve the safety of the roadway while entering and exiting the
property.
Sincerely,
Dan Phillips
Denali Custom homes
PRACTICAL DIFFICULTIES DOCUMENTATION FORM
LA22-000052
1. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter.
Response: N/A
2. The plight of the landowner is due to circumstances unique to his property not created by the landowner.
Response: Yes. His lot and existing garage are already non conforming. we propose to make the lot better conform.
3. The variance, if granted, will not alter the essential character of the locality.
Response: Yes. We believe the plans fit with the locality
4. Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists
under the terms of the Zoning Chapter.
Response: This variance is not based on economic reasons.
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: NA
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: NA
7. The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family
dwelling.
Response: NA
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 apply to this property as well as the city's own roadway. By removing the violating structure and
attaching it to the home as well as widening the driveway to allow the owner to pull out into traffic forward the risk of accident is
greatly reduced.
9. The conditions do not apply generally to other land or structures in the district in which said land is located.
Response: We believe this is unique to this property but do know of other situations where detached garages are non conforming.
10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right
of the applicant.
Response: NA
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: On the contrary. As stated above we believe this will make the property safer for all.
12. The granting of such variance will not merely serve as a convenience to the applicant but is necessary to
alleviate demonstrable difficulty.
Response: Yes. The layout of the garage now and its encroachment into the right of way makes it dangerous to enter and exit the
property.
UPUP40' - 0"24' - 1"5' - 6"8"17' - 3"8"8"33' - 3"8"5' - 5"8"22' - 9"8"5' - 5"34' - 7"16' - 1"8"14' - 9"8"5' - 6 1/2"8"6' - 2 1/2"ScaleProject ArchitectDateDrawn byChecked by1/4" = 1'-0"9/8/2022 11:18:19 AMA101Lower Level PlanKBWessling Remodel1780 Shadywood RdWayzata, MNJBKB1/4" = 1'-0"1Lower Level Plan
UPDNDNDNDN40' - 0"3' - 0"9' - 0"1' - 6"18' - 0"3' - 0"5' - 6"24' - 0"5' - 6"5 1/2"17' - 7"5 1/2"18' - 0"16' - 0"16' - 2"7"3' - 0"10' - 4"3' - 0"1' - 1"6' - 6 1/2"5 1/2"6' - 2 1/2"3 1/2"8' - 7"5 1/2"8' - 8 1/2"3' - 3"3 1/2"3' - 0"3 1/2"3' - 3 1/2"3 1/2"1' - 10"3 1/2"2' - 0"12' - 0"2' - 0"2' - 2"12' - 0"2' - 0"18' - 8"2' - 8"17' - 11"7' - 2 1/2"9' - 7"7' - 2 1/2"6' - 2 1/2"1' - 0"4' - 0"1' - 2 1/2"17' - 6 1/2"5 1/2"5 1/2"15' - 1"5 1/2"Office101Foyer102P.R.103Mudroom104Kitchen105Dining106Family107Pantry108Garage10939' - 6 1/2"5 1/2"5 1/2"23' - 1"5 1/2"34' - 6"ScaleProject ArchitectDateDrawn byChecked by1/4" = 1'-0"9/8/2022 11:18:19 AMA102Main Level PlanKBWessling Remodel1780 Shadywood RdWayzata, MNJBKB1/4" = 1'-0"1Main Level Plan
DN5 1/2"11' - 4 3/4"3 1/2"11' - 4 3/4"5 1/2"17' - 9 1/2"5 1/2"7' - 5 1/2"5 1/2"2' - 1"3 1/2"11' - 0"5 1/2"5 1/2"3' - 7"3 1/2"5' - 7"3 1/2"9' - 5 1/2"3 1/2"3' - 7"5 1/2"5 1/2"17' - 3 1/2"3 1/2"5' - 6"5 1/2"4' - 8 1/2"5 1/2"5' - 1"5 1/2"11' - 0"3 1/2"17' - 6 1/2"5 1/2"7' - 8 1/2"5 1/2"3' - 10"7' - 1"5 1/2"3' - 7"5 1/2"3' - 7"5' - 7"21' - 8 1/2"3 1/2"17' - 6 1/2"3' - 10 1/2"12' - 0"3' - 2"16' - 2 1/2"5' - 7 1/2"3' - 0"3' - 4"5' - 7 1/2"6' - 1"5' - 7 1/2"3' - 4"9' - 6"5' - 7 1/2"16' - 3"5' - 7 1/2"3' - 0"1' - 6"3' - 2"3' - 6"24' - 0"40' - 0"Laundry201Family202Bath 1203Bedroom 1204Bedroom 2205Bath 2206ScaleProject ArchitectDateDrawn byChecked by1/4" = 1'-0"9/8/2022 11:18:20 AMA103Upper Level PlanKBWessling Remodel1780 Shadywood RdWayzata, MNJGKB1/4" = 1'-0"1Upper Level Plan
6" / 1'-0"6" / 1'-0"ScaleProject ArchitectDateDrawn byChecked by1/4" = 1'-0"9/8/2022 11:18:20 AMA104Roof PlanKBWessling Remodel1780 Shadywood RdWayzata, MNJGKB1/4" = 1'-0"1Roof Plan
Main Level Plan0"Upper Level Plan12' -0"Main Level H.H.9' -8 1/2"Lower Level H.H.-8"Upper Level H.H.20' -0 1/2"Garage Slab-2' -0"Main Level Plan0"Upper Level Plan12' -0"Main Level H.H.9' -8 1/2"Lower Level H.H.-8"Upper Level H.H.20' -0 1/2"Garage Slab-2' -0"ScaleProject ArchitectDateDrawn byChecked by1/4" = 1'-0"9/8/2022 11:18:21 AMA201Exterior ElevationsKBWessling Remodel1780 Shadywood RdWayzata, MNJGKB1/4" = 1'-0"1North1/4" = 1'-0"2East
Main Level Plan0"Upper Level Plan12' -0"Main Level H.H.9' -8 1/2"Lower Level H.H.-8"Upper Level H.H.20' -0 1/2"Garage Slab-2' -0"Top Conc. 1-1' -8 1/2"Main Level Plan0"Upper Level Plan12' -0"Main Level H.H.9' -8 1/2"Lower Level H.H.-8"Upper Level H.H.20' -0 1/2"Garage Slab-2' -0"ScaleProject ArchitectDateDrawn byChecked by1/4" = 1'-0"9/8/2022 11:18:22 AMA202Exterior ElevationsKBWessling Remodel1780 Shadywood RdWayzata, MNJGKB1/4" = 1'-0"1South1/4" = 1'-0"2West
38 17-117-23 21 0005
LAUREEN E DARLING
1719 FAGERNESS POINT RD
WAYZATA MN 55391
38 17-117-23 21 0006
CITY OF ORONO
P O BOX 66
CRYSTAL BAY MN 55323
38 17-117-23 21 0007
CITY OF ORONO
P O BOX 66
CRYSTAL BAY MN 55323
38 17-117-23 21 0008
MICHAELA DIERCKS
1795 SHADYWOOD RD
WAYZATA MN 55391
38 17-117-23 21 0017
JOHN PAUL KIEFFER
BENJAMIN EDWARD KIEFFER
1690 SHADYWOOD RD
WAYZATA MN 55391
38 17-117-23 21 0018
JOHN & JOAN FITZPATRICK
2001 SE SAILFISH POINT BLVD
#103
STUART FL 34996
38 17-117-23 21 0019
1720 SHADYWOOD ROAD LLC
1720 SHADYWOOD RD
WAYZATA MN 55391
38 17-117-23 21 0020
KENNETH DECUBELLIS
JENNIFER DECUBELLIS
1740 SHADYWOOD RD
WAYZATA MN 55391
38 17-117-23 21 0021
GRETCHEN S SHAW
1750 SHADYWOOD RD
ORONO MN 55391
38 17-117-23 21 0022
DAVID H EISS
1760 SHADYWOOD RD
WAYZATA MN 55391
38 17-117-23 21 0023
DANIEL P O'DONOGHUE
1770 SHADYWOOD RD
WAYZATA MN 55391
38 17-117-23 21 0024
JON WESSLING
ERIN M WESSLING
1682 INDEPENDENCE AVE
GLENVIEW IL 60026
38 17-117-23 21 0025
JOSHUA D MATEFFY
CAITLIN M MATEFFY
2342 NORTH WAYNE AVENUE
CHICAGO IL 60614
38 17-117-23 21 0026
DOUGLAS R SEABOLT
1800 SHADYWOOD RD
WAYZATA MN 55391
38 17-117-23 21 0027
CHAD J RICHARDSON
1810 SHADYWOOD RD
WAYZATA MN 55391
38 17-117-23 21 0028
ARLYN BIRKHOLZ
501 CARLSON PKWY #408
MINNETONKA MN 55305
38 17-117-23 23 0001
HENNEPIN FORFEITED LAND
NOT FOR SALE/WATER FRONT
38 17-117-23 24 0001
RONALD A & SABRINA L RUUD
1825 SHADYWOOD RD
WAYZATA MN 55391
38 17-117-23 24 0006
SCOTT W HUTTON
1835 SHADYWOOD RD
WAYZATA MN 55391
38 17-117-23 24 0007
JOHN O MOTZKO
1855 SHADYWOOD RD
WAYZATA MN 55391
38 17-117-23 24 0009
MARK KOSEK & GINA FINK KOSEK
1875 SHADYWOOD RD
WAYZATA MN 55391
38 17-117-23 24 0010
MARK KOSEK & GINA FINK KOSEK
1875 SHADYWOOD RD
WAYZATA MN 55391
38 17-117-23 24 0015
BRUCE A SKJERPING
1820 SHADYWOOD RD
WAYZATA MN 55391
38 17-117-23 24 0016
SCOTT ERICKSON
1840 SHADYWOOD RD
WAYZATA MN 55391
38 17-117-23 24 0017
JOSEPH BRENT LONGVAL
20550 PARKVIEW LANE
SHOREWOOD MN 55331
38 17-117-23 24 0018
WILLIAM & RHONDA OMLIE
1860 SHADYWOOD RD
WAYZATA MN 55391
38 17-117-23 24 0029
MARK J KOSEK
GINA FINK KOSEK
1875 SHADYWOOD RD
WAYZATA MN 55391
He nn epin Co u n ty L oc ate & N o tify Map
178 0 Sh adyw ood R d
0 100 20050 Feet
Da te : 9/2 1/20 22
Buffer Size:500Map Co mm e nts :
Th is d ata (i) is furn ish ed 'AS IS' with no represen ta tion as tocompleteness or accuracy; (ii) is fu rn ish ed with n o warra nty of anykind; an d (iii) is n ot suitable for le ga l, eng ineerin g or surve yingpurposes. Hennepin County shall not b e liab le for a ny da ma ge , in ju ryor loss resu lting from this dat a.
Fo r mo re inf ormation , co nta ct Hen ne pin Co un ty GI S Off ice300 6th S tree t So uth , Minn ea polis, MN 5 5487 / gis.in fo@h en ne pin.us
To: Chair McCutcheon and Planning Commission Members
Adam Edwards, City Administrator
From: Laura Oakden, Community Development Director
Date: October 17, 2022
Subject: #LA22-000023, City of Orono Text Amendment related to Accessory Dwelling
Units; Public Hearing
Background
The code review committee has been reviewing a code amendment which would allow ADUs
within the residential districts in the City. Staff brought draft language to the code review
committee in April 2022. Language from St. Louis Park, Plymouth, Wayzata and American
Planning Association was presented as guidance to develop the performance standards.
The code review committee identified a need to create alternative housing types to support
multi-generational housing within the City of Orono. The proposed language would permit and
regulate permanent ADUs, attached or detached. Additionally, the code outlines performance
standards for ADUs. The performance standards are intended to protect the character and
quality of the existing neighborhoods.
The current city code allows Guest Houses, Nonrental Guest Apartments, and 2 family dwellings
as either permitted or conditional uses in residential districts. Guest Houses and Nonrental
Guest Apartment uses no longer need to be listed in the city code as they would be considered
an ADU. Two family dwellings as a use will remain in the City code as this would impact density
considerations in the code, unlike ADUs. Two family dwellings have specific parameters
including allowed locations, separate utility connections and addresses.
Definition:
Accessory Dwelling Unit (ADU) means a subordinate habitable dwelling unit, which has its own
basic requirements of shelter, heating, cooking and sanitation, which is attached or detached
from a single family dwelling.
General Performance Standards:
- Only 1 ADU is permitted per property
- Only allowed in residential districts
- ADUs can be attached or detached from the primary residence.
Application Summary: The City of Orono is proposing an ordinance amendment that will list
Accessory Dwelling Units (ADUs) as an accessory use in all Residential zoning districts.
Staff Recommendation: Planning Department Staff recommends approval of the draft as
written.
LA22-000023
October 17, 2022
Page 2 of 2
- Limited to a maximum of 50% total floor area of the primary dwelling size
- Must use the same utility connections as the primary residence.
- Designed to maintain consistent will the architectural style of the primary residence
- 2 off street parking spaces are required
- Must have a permanent foundation
- The property shall only have 1 address
- An ADU may not subdivided or segregated in ownership from the primary residence.
Permitting Requirements
- A building permit is required to construction an ADU
- ADUs are not eligible to obtain a rental license. They cannot be rented separately from
the primary residence.
- A covenant is required to be recorded against the property providing the ADU will be
maintained in compliance with the identified performance standards.
Public Comments
To date, no public comments have been received.
Issues for Consideration
1. Are there any issues or concerns with this proposal?
Planning Staff Recommendation
Planning Staff recommends approval of the amendment as drafted.
List of Exhibits
Exhibit A. Draft Ordinance
Created: 2022‐03‐25 15:53:28 [EST]
(Supp. No. 20, Update 1)
Page 1 of 10
222311v2222311v1
Sec. 78‐1. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to
them in this section, except where the context clearly indicates a different meaning. Unless specifically defined in
this section, the words and phrases used in this chapter shall have the meanings given to them in chapter 82.
Accessory Dwelling Unit (ADU) means a subordinate habitable dwelling unit, which has its own basic
requirements of shelter, heating, cooking and sanitation, which is attached or detached from a single family
dwelling.
Accessory use, building, or structure means a use, building, or structure subordinate to and serving the
principal use or building on the same lot and customarily incidental to the principal use or building.
Boardinghouse means a building other than a motel or hotel where, for compensation and by
prearrangement for definite periods, meals or lodgings are provided for three or more persons, but not to exceed
eight persons.
Camp means a parcel of land with permanent buildings, tents or other structures together with
appurtenances thereon, established or maintained as living quarters where both food and lodging or facilities
therefore are provided for ten or more people, operated continuously for a period of five days or more each year
for educational, recreational, or vacation purposes, and the use of the camp or participation in its programs are
provided to adults and/or children free of charge or for payment of a fee. This definition does not include cabin
and trailers camps, fishing and hunting camps, resorts, penal and correctional camps, industrial and construction
camps, nor does it include homes operated for care or treatment of children and for the operation of which a
license is required by state law or structures used as a dwelling.
Dwelling, attached, means a dwelling which is joined to another dwelling at one or more sides by a party or
fire wall or walls.
Dwelling, detached, means a dwelling which is entirely surrounded by open space on the same lot.
Family means any number of individuals generally, but not necessarily, related by blood or marriage, living
together at one location maintaining a common household as a single, nonprofit housekeeping unit, as
distinguished from a group occupying a boardinghouse or rooming house, hotel or motel.
Family dwelling, multiple, means any structure made up of two or more attached dwellings.
Guest apartment means a room or a set of rooms within a principal residence structure for the sole use of
the occupants of the principal residence, including their domestic employees or their nonpaying guests, with at
least one access door to the apartment from within the principal structure, such door being the primary access to
the apartment.
Guest house means a subordinate habitable dwelling unit, which has its own basic requirements of shelter,
heating, cooking and sanitation, which is detached from a single family dwelling.dwelling unit in a detached
accessory building constructed on an existing undivided lot for the sole use of the occupants, including their
domestic employees or their nonpaying guests, of the primary dwelling. For the purposes of this chapter, a guest
house is considered a dwelling unit if it meets all of the requirements of a dwelling unit outlined in the Minnesota
State Building Code, as amended from time to time. These requirements include complete independent living
facilities with permanent provisions for living, sleeping, eating, cooking, and sanitation.
Created: 2022‐03‐25 15:53:28 [EST]
(Supp. No. 20, Update 1)
Page 2 of 10
222311v2222311v1
Hotel means a building containing eight or more guest rooms in which lodging is provided with or without
meals for compensation and which is open to transient or permanent guests or both, and where no provision is
made for cooking in any guest room, and in which ingress and egress to and from all rooms is made through an
inside lobby or office supervised by a person in charge.
DIVISION 2. R‐1A ONE‐FAMILY RESIDENTIAL DISTRICT
Sec. 78‐227. Permitted uses.
Within any R‐1A one‐family residential district, no structure or land shall be used except for one or more of
the following uses:
(4) Nonrental guest apartments (no exterior ingress or egress). An apartment within the principal
residence structure on a lot for the sole use of the occupants of the principal residence, including their
domestic employees or nonpaying guests. The only means of ingress or egress to the apartment shall
be from within the principal structure. Application for such a guest apartment shall address the
concerns of parking, sewage treatment, entryway and interior access method. Such apartments shall
not have utilities metered separately from the principal residence utilities and shall not have a separate
street address.
Sec. 78‐228. Conditional uses.
Within any R‐1A one‐family residential district, no structure or land shall be used for the following uses
except by conditional use permit:
(2) Guest houses provided that:
1. The lot is at least two times the minimum lot area required by this section; and
2. The guest house is for the sole use of the occupants of the principle dwelling, including their
domestic employees and nonpaying guests.
3. The property owner must execute a covenant providing that the guest house will not be:
a. Used for a home occupation unless specifically approved by the city or if allowed by this
Code.
b. Rented, leased, or otherwise provided for any use as a dwelling under any other
circumstances than what is provided for in City Code.
(8) Two‐family dwelling, provided that:
a. Public sanity sewer service is available;
b. The lot is adjacent to a commercial or industrial parcel;
c. The dwelling is within 200 feet of the commercial or industrial parcel; and
d. the design of the dwelling is compatible with the surrounding residences.
Created: 2022‐03‐25 15:53:29 [EST]
(Supp. No. 20, Update 1)
Page 3 of 10
222311v2222311v1
Sec 78‐229. Accessory Uses.
(4) Accessory Dwelling Units
DIVISION 3. R‐1B ONE‐FAMILY RESIDENTIAL DISTRICT
Sec. 78‐251. Purpose.
The R‐1B one‐family residential district is intended to provide a district which will allow denser residential
development. Planned residential developments may be allowed by conditional use permits. The district shall have
immediate access to highways and public sanitary sewer.
(Code 1984, § 10.21(1))
Sec. 78‐252. Permitted uses.
(4) Nonrental guest apartments (no exterior ingress or egress). An apartment within the principal
residence structure on a lot for the sole use of the occupants of the principal residence, including their
domestic employees or nonpaying guests. The only means of ingress or egress to the apartment shall
be from within the principal structure. Application for such a guest apartment shall address the
concerns of parking, sewage treatment, entryway and interior access method. Such apartments shall
not have utilities metered separately from the principal residence utilities and shall not have a separate
street address.
Sec. 78‐253. Conditional uses.
Within any R‐1B one‐family residential district, no structure or land shall be used for the following uses
except by conditional use permit:
(2) Guest houses provided that:
1. The lot is at least two times the minimum lot area required by this section; and
2. The guest house is for the sole use of the occupants of the principle dwelling, including their
domestic employees and nonpaying guests.
3. The property owner must execute a covenant providing that the guest house will not be:
a. Used for a home occupation unless specifically approved by the city or if allowed by this
Code.
b. Rented, leased, or otherwise provided for use as a dwelling under any other circumstances
than what is provided for in City Code.
(8) Two‐family dwelling, provided that:
a. Public sanity sewer service is available;
b. The lot is adjacent to a commercial or industrial parcel;
c. The dwelling is within 200 feet of the commercial or industrial parcel; and
Title VI ‐ LAND USE
Chapter 78 ‐ ZONING REGULATIONS
ARTICLE IV. ‐ DISTRICT REGULATIONS
DIVISION 4. LAKESHORE RESIDENTIAL DISTRICTS
Orono, Minnesota, Code of Ordinances Created: 2022‐03‐25 15:53:30 [EST]
(Supp. No. 20, Update 1)
Page 4 of 10
222311v2222311v1
d. The design of the dwelling is compatible with the surrounding residences.
Sec 78‐254. Accessory Uses.
(X) Accessory Dwelling Units
DIVISION 4. LAKESHORE RESIDENTIAL DISTRICTS
Subdivision II. LR‐1A Lakeshore Residential District
Sec. 78‐302. Permitted uses.
(4) Nonrental guest apartments (no exterior ingress or egress). An apartment within the principal
residence structure on a lot for the sole use of the occupants of the principal residence, including their
domestic employees or nonpaying guests. The only means of ingress or egress to the apartment shall
be from within the principal structure. Application for such a guest apartment shall address the
concerns of parking, sewage treatment, entryway and interior access method. Such apartments shall
not have utilities metered separately from the principal residence utilities and shall not have a separate
street address.
Sec. 78‐303. Conditional uses.
(2) Guest houses provided that:
1. The lot is at least two times the minimum lot area required by this section; and
2. The guest house is for the sole use of the occupants of the principle dwelling, including their
domestic employees and nonpaying guests.
3. The property owner must execute a covenant providing that the guest house will not be:
a. Used for a home occupation unless specifically approved by the city or if allowed by this
Code.
b. Rented, leased, or otherwise provided for use as a dwelling under any other circumstances
than what is provided for in City Code.
(9) Two‐family dwelling, provided that:
a. Public sanity sewer service is available;
b. The lot is adjacent to a commercial or industrial parcel;
c. The dwelling is within 200 feet of the commercial or industrial parcel; and
d. The design of the dwelling is compatible with the surrounding residences.
Title VI ‐ LAND USE
Chapter 78 ‐ ZONING REGULATIONS
ARTICLE IV. ‐ DISTRICT REGULATIONS
DIVISION 4. ‐ LAKESHORE RESIDENTIAL DISTRICTS
Subdivision III. LR‐1B One‐Family Lakeshore Residential District
Orono, Minnesota, Code of Ordinances Created: 2022‐03‐25 15:53:30 [EST]
(Supp. No. 20, Update 1)
Page 5 of 10
222311v2222311v1
Sec 78‐304. Accessory Uses.
(x) Accessory Dwelling Units
Subdivision III. LR‐1B One‐Family Lakeshore Residential District
Sec. 78‐327. Permitted uses.
(4) Nonrental guest apartments (no exterior ingress or egress). An apartment within the principal
residence structure on a lot for the sole use of the occupants of the principal residence, including their
domestic employees or nonpaying guests. The only means of ingress or egress to the apartment shall
be from within the principal structure. Application for such a guest apartment shall address the
concerns of parking, sewage treatment, entryway and interior access method. Such apartments shall
not have utilities metered separately from the principal residence utilities and shall not have a separate
street address.
Sec. 78‐328. Conditional uses.
Within any LR‐1B one‐family lakeshore residential district, no structure or land shall be used for the following
uses except by conditional use permit:
(2) Guest houses provided that:
1. The lot is at least two times the minimum lot area required by this section; and
2. The guest house is for the sole use of the occupants of the principle dwelling, including their
domestic employees and nonpaying guests.
3. The property owner must execute a covenant providing that the guest house will not be:
a. Used for a home occupation unless specifically approved by the city or if allowed by this
Code.
b. Rented, leased, or otherwise provided for use as a dwelling under any other circumstances
than what is provided for in City Code.
(9) Two‐family dwelling, provided that:
a. Public sanitary sewer service is available;
b. The lot is adjacent to a commercial or industrial parcel;
c. The dwelling is within 200 feet of the commercial or industrial parcel; and
d. The design of the dwelling is compatible with the surrounding residences.
Sec 78‐329. Accessory Uses.
(X) Accessory Dwelling Units
Title VI ‐ LAND USE
Chapter 78 ‐ ZONING REGULATIONS
ARTICLE IV. ‐ DISTRICT REGULATIONS
DIVISION 4. ‐ LAKESHORE RESIDENTIAL DISTRICTS
Subdivision IV. LR‐1C One‐Family Lakeshore Residential District
Orono, Minnesota, Code of Ordinances Created: 2022‐03‐25 15:53:30 [EST]
(Supp. No. 20, Update 1)
Page 6 of 10
222311v2222311v1
Subdivision IV. LR‐1C One‐Family Lakeshore Residential District
Sec. 78‐347. Permitted uses.
Within the LR‐1C one‐family lakeshore residential district, no land or structure shall be used except for one
or more of the following uses:
(4) Nonrental guest apartments (no exterior ingress or egress). An apartment within the principal
residence structure on a lot for the sole use of the occupants of the principal residence, including their
domestic employees or nonpaying guests. The only means of ingress or egress to the apartment shall
be from within the principal structure. Application for such a guest apartment shall address the
concerns of parking, sewage treatment, entryway and interior access method. Such apartments shall
not have utilities metered separately from the principal residence utilities and shall not have a separate
street address.
Sec. 78‐348. Conditional uses.
Within any LR‐1C one‐family lakeshore residential district, no structure or land shall be used for the following
uses without a conditional use permit:
(2) Guest houses provided that:
1. The lot is at least two times the minimum lot area required by this section; and
2. The guest house is for the sole use of the occupants of the principle dwelling, including their
domestic employees and nonpaying guests.
3. The property owner must execute a covenant providing that the guest house will not be:
a. Used for a home occupation unless specifically approved by the city or if allowed by this
Code.
b. Rented, leased, or otherwise provided for use as a dwelling under any other circumstances
than what is provided for in City Code.
(10) Two‐family dwelling, provided that:
a. Public sanity sewer service is available;
b. The lot is adjacent to a commercial or industrial parcel;
c. The dwelling is within 200 feet of the commercial or industrial parcel; and
d. The design of the dwelling is compatible with the surrounding residences.
Sec 78‐349. Accessory Uses.
(X) Accessory Dwelling Units
Subdivision V. LR‐1C‐1 One‐Family Lakeshore Residential District
Title VI ‐ LAND USE
Chapter 78 ‐ ZONING REGULATIONS
ARTICLE IV. ‐ DISTRICT REGULATIONS
DIVISION 5. RR‐1A ONE‐FAMILY RURAL RESIDENTIAL DISTRICT
Orono, Minnesota, Code of Ordinances Created: 2022‐03‐25 15:53:31 [EST]
(Supp. No. 20, Update 1)
Page 7 of 10
222311v2222311v1
Sec. 78‐366. Permitted uses.
(4) Nonrental guest apartments (no exterior ingress or egress). An apartment within the principal
residence structure on a lot for the sole use of the occupants of the principal residence, including their
domestic employees or nonpaying guests. The only means of ingress or egress to the apartment shall
be from within the principal structure. Application for such a guest apartment shall address the
concerns of parking, sewage treatment, entryway and interior access method. Such apartments shall
not have utilities metered separately from the principal residence utilities and shall not have a separate
street address.
Sec. 78‐367. Conditional uses.
Within the LR‐1C‐1 one‐family lakeshore residential district, no structure or land shall be used for the
following uses without a conditional use permit:
(2) Guest houses provided that:
1. The lot is at least two times the minimum lot area required by this section; and
2. The guest house is for the sole use of the occupants of the principle dwelling, including their
domestic employees and nonpaying guests.
3. The property owner must execute a covenant providing that the guest house will not be:
a. Used for a home occupation unless specifically approved by the city or if allowed by this
Code.
b. Rented, leased, or otherwise provided for use as a dwelling under any other circumstances
than what is provided for in City Code.
(10) Two‐family dwelling, provided that:
a. Public sanity sewer service is available;
b. The lot is adjacent to a commercial or industrial parcel;
c. The dwelling is within 200 feet of the commercial or industrial parcel; and
d. The design of the dwelling is compatible with the surrounding residences.
Sec 78‐368. Accessory Uses.
(X) Accessory Dwelling Units
DIVISION 5. RR‐1A ONE‐FAMILY RURAL RESIDENTIAL DISTRICT
Title VI ‐ LAND USE
Chapter 78 ‐ ZONING REGULATIONS
ARTICLE IV. ‐ DISTRICT REGULATIONS
DIVISION 6. RR‐1B ONE‐FAMILY RESIDENTIAL DISTRICT
Orono, Minnesota, Code of Ordinances Created: 2022‐03‐25 15:53:31 [EST]
(Supp. No. 20, Update 1)
Page 8 of 10
222311v2222311v1
Sec. 78‐392. Permitted uses.
(4) Nonrental guest apartments (no exterior ingress or egress). An apartment within the principal
residence structure on a lot for the sole use of the occupants of the principal residence, including their
domestic employees or nonpaying guests. The only means of ingress or egress to the apartment shall
be from within the principal structure. Application for such a guest apartment shall address the
concerns of parking, sewage treatment, entryway and interior access method. Such apartments shall
not have utilities metered separately from the principal residence utilities and shall not have a separate
street address.
Sec. 78‐393. Conditional uses.
(2) Guest houses provided that:
1. The lot is at least two times the minimum lot area required by this section; and
2. The guest house is for the sole use of the occupants of the principle dwelling, including their
domestic employees and nonpaying guests.
3. The property owner must execute a covenant providing that the guest house will not be:
a. Used for a home occupation unless specifically approved by the city or if allowed by this
Code.
b. Rented, leased, or otherwise provided for use as a dwelling under any other circumstances than what is
provided for in City Code.
Sec 78‐394. Accessory Uses.
(X) Accessory Dwelling Units
DIVISION 6. RR‐1B ONE‐FAMILY RESIDENTIAL DISTRICT
Sec. 78‐417. Permitted uses.
(4) Nonrental guest apartments (no exterior ingress or egress). An apartment within the principal
residence structure on a lot for the sole use of the occupants of the principal residence, including their
domestic employees or nonpaying guests. The only means of ingress or egress to the apartment shall
be from within the principal structure. Application for such a guest apartment shall address the
concerns of parking, sewage treatment, entryway and interior access method. Such apartments shall
not have utilities metered separately from the principal residence utilities and shall not have a separate
street address.
Created: 2022‐03‐25 15:53:31 [EST]
(Supp. No. 20, Update 1)
Page 9 of 10
222311v2222311v1
Sec. 78‐418. Conditional uses.
Within any RR‐1B one‐family rural residential district, no structure or land shall be used for the following
uses without a conditional use permit:
(2) Guest houses provided that:
1. The lot is at least two times the minimum lot area required by this section; and
2. The guest house is for the sole use of the occupants of the principle dwelling, including their
domestic employees and nonpaying guests.
3. The property owner must execute a covenant providing that the guest house will not be:
a. Used for a home occupation unless specifically approved by the city or if allowed by this
Code.
Sec 78‐419. Accessory Uses.
(X) Accessory Dwelling Units
DIVISION 3. ‐ ACCESSORY BUILDINGS AND STRUCTURES
Sec. 78‐1433. ‐ Accessory Dwelling Units.
1. Purpose
The City of Orono recognizes the need to encourage alternate housing types based on current
housing trends. There is an increased desire to support multi‐generational housing. This
provision is intended to accommodate single‐family residential property owners who wish to
invest in their homes and add value while providing alternative housing options within the City.
The purpose of this subdivision is to permit and regulate permanent accessory dwelling units
(ADUs) only as a permitted accessory use subject to the regulations set forth herein. By allowing
only those accessory dwelling units that are in compliance with all of the performance
standards of this subdivision, the character and quality of existing neighborhoods will be
protected.
2. Performance Standards.
No property within a single‐family residential district shall have more than one dwelling unit,
except an ADU may be permitted as an accessory use to a single family dwelling when the following
requirements are met.
a. The property must be located within the R‐1A, R‐1B, LR‐1A, LR‐1B, LR‐1C, LR‐1C‐1, RR‐1A, or
RR‐1B Zoning Districts.
b. An ADU, attached or detached shall only be permitted on lots one acre or greater in area.
c. No more than one ADU shall be permitted on a lot or parcel.
d. Total floor area of an ADU shall be no more than fifty percent (50%) of the primary dwelling
unit’s total floor area. The total floor area of an ADU shall not be less than three hundred (300)
square feet.
Created: 2022‐03‐25 15:53:31 [EST]
(Supp. No. 20, Update 1)
Page 10 of 10
222311v2222311v1
e. The ADU shall not have separate utility connections. The primary residence and ADU must be
served by shared municipal water, sanitary sewer, gas, and electric utility services. If not
served by municipal sewer and water, the primary residence and ADU shall meet the private
well and septic requirements of the Code.
f. An ADU shall be designed and maintained so as to be consistent with the architectural design,
integrated materials, style, appearance, and character of the primary residence as a single‐
family residence.
g. A minimum of two (2) off‐street parking spaces (enclosed or on a driveway) shall be required
for the ADU.
h. ADUs must be constructed on a permanent foundation with no wheels.
i. The property shall only have one address. The ADU may not be addressed separately from the
primary residence.
j. The ADU may not be subdivided or otherwise segregated in ownership from the primary
residence structure.
3. Permit Requirements
It is unlawful for a property owner to construct or allow occupancy within an ADU which does not
comply with all of the foregoing requirements:
a. Building Permit Required. An ADU, as permitted in this chapter, shall be constructed and
maintained in accordance with all State laws and State Building, Plumbing, Electrical,
Mechanical, and Fire Code regulations and City Code requirements.
b. A rental license shall not be granted to an ADU. An ADU cannot be rented separately from the
primary residence .
a.c. The property owner must execute a covenant providing that the ADU will be maintained in
compliance with the above Performance Standards and Permit Requirements.