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11-21-2022 Planning Commission Packet
Agenda Planning Commission Meeting Monday, November 21, 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: Matt Johnson Pledge of Allegiance Approval of Agenda Approval of Minutes: October 17, 2022 Public Hearings: 1. LA22-000050 Matt Johnson, 1003 Wildhurst Trail (including PIDs 07-117-23-21-0006; 07-117-23-21-0007; 07- 117-23-21-0016; 07-117-23-21-0002), requests vacation of unimproved right-of-way. (Staff: Melanie Curtis) 2. LA22-000051 Paul Taunton, 3600 Ivy Place, requests after-the-fact variance approval for hardcover within the 75-foot setback for a parking area. (Staff: Melanie Curtis) 3. LA22-000054 David Charlez Designs, 3275 Carman Road, requests an average lakeshore setback variance for a new home. (Staff: Natalie Nye) 4. LA22-000055 Eskuche Design, 3838 Cherry Avenue, requests variances for average lakeshore setback, 75- foot lake setback, and hardcover in order to construct additions to the existing home. (Staff: Melanie Curtis) 5. LA22-000056 Patrick Regan with JDD Studio, 200 Woodhill Road, requests a conditional use permit and variance for an addition to an accessory structure related to a golf course use. (Staff: Natalie Nye) Other Business: 6. Update on November 14, 2022 City Council meeting Adjourn Planning Commission Liaison to Monday, December 12, 2022 City Council meeting: Dennis Libby MINUTES OF THE ORONO PLANNING COMMISSION October 17, 2022 6:00 o’clock p.m. _____________________________________________________________________________________ Page 1 of 6 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, Scott Kirchner (arrived at 6:01 p.m.), Jon Ressler, Bob Erickson. Commissioner Matt Gettman. was absent. Representing Staff were Community Development Director Laura Oakden, City Planner Melanie Curtis, and City Planner Natalie Nye. 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 5, Nays 0. APPROVAL OF PLANNING COMMISSION MEETING MINUTES OF SEPTEMBER 19, 2022 Bollis moved, Erickson seconded, to approve the minutes of the Orono Planning Commission meeting of September 19, 2022. VOTE: Ayes 5, Nays 0. 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) A representative from Eskuche Design, Applicant, was present. Curtis gave a presentation on the item, stating the Applicant is seeking approval of vacation of existing perimeter drainage and utility 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. Easements will be granted along the new boundaries between the two combined lots. The Applicant received an average lakeshore setback variance for 3005 Casco Point Road under this same application number in September (Resolution No. 7284). 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. Staff recommends approval of the easement vacation requested in conjunction with the owner’s granting replacement easements. Chair McCutcheon opened the public hearing at 6:04 p.m. Bonnie Martinson, 2970 Casco Point Road, asked if drainage and water is also part of a utility. Chair McCutcheon noted when one changes lot lines they want to have an easement so they can do a swale where the water can go. Ms. Martinson asked if that will come before the Planning Commission. MINUTES OF THE ORONO PLANNING COMMISSION October 17, 2022 6:00 o’clock p.m. _____________________________________________________________________________________ Page 2 of 6 Curtis noted it will be reviewed by the City Engineer with the building permit application for the individual lots. They will review proposed drainage improvements and any grading plan at a Staff level. Ms. Martinson asked if the residents living nearby will be able to give input. Curtis clarified they do not take public comment on building permit applications but they are available for the public to view when submitted and they can ask questions. She noted when those applications come in Curtis will let Ms. Martinson know. Ms. Martinson requests that the homes maintain their own water control on their property rather than across the street to those on the east side. She wants it on record that there needs to be some consideration and she is happy to work with whomever to help with that because there have been problems in the past and she does not want it to continue. Penny Saiki, 2874 Casco Point Road, noted when someone brought it up with the builder, the builder said they do not want any ugly ponds. To her, that is just saying “I don’t want to do stormwater water management.” She noted as an architect, he knows (pointing to someone in the Chambers) how to manage the water in a nicely designed way so it does not look like a holding pond. Chair McCutcheon closed the public hearing at 6:12 p.m. Ressler noted this is an opportunity for the drainage to be improved and he hopes the neighbors are satisfied with the improvement that it becomes. He is in support as applied. He echoed Staff’s recommendation for replacement perimeter drainage and utility easements on the new common boundary. Kirchner moved, Ressler seconded, to approve LA22-000041, 3005 Casco Point Road vacation easement as applied with the contingency of the rededication of drainage and utility easements along the new common property line. VOTE: Ayes: 6, Nays 0. 2. LA22-000042 SHAWN WISCHMEIER, 540 BIG ISLAND, REQUESTS A CONDITIONAL USE PERMIT FOR A PERMANENT DOCK PLACED WITHIN THE FLOODPLAIN. (STAFF: MELANIE CURTIS) Shawn Wischmeier, Applicant, was present. Curtis gave a presentation on the item, stating the Applicant owns a seasonal residence on Big Island and wishes to install a permanent dock. Because of the permanent nature of the dock structure within the floodway below the 100-year floodplain elevation, a conditional use permit (CUP) is required. The Lake Minnetonka Conservation District (LMCD) regulates docks on the Lake. Curtis noted the City has been delegated to enforce floodplain regulations of the DNR and FEMA. Permitted docks may be allowed as a conditional use within the floodway following standards and procedures set forth in the City Code. The request is also on the LMCD’s schedule for a public hearing on Wednesday, November 9, 2022. In speaking with Staff it appears the dock will meet all the LMCD’s setbacks. To date, no public comments have been received. 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. MINUTES OF THE ORONO PLANNING COMMISSION October 17, 2022 6:00 o’clock p.m. _____________________________________________________________________________________ Page 3 of 6 Libby asked about the Minnehaha Creek Watershed District (MCWD) noting he does not see comment or remarks from them. Curtis noted she does not know which portion would be permitted by the MCWD as it is not affecting their riprap area. Libby noted a third element with the MCWD would make him more comfortable supporting this. Curtis stated for permitting they are required to approach the District to seek out whether they are required to get a permit from the District. She noted the Applicant will be asked to have a conversation with the District at the time of the City’s permitting when the dock is installed. Libby recommends that it be added to the conditions of the approval to review any aspects of environmental affect. Curtis clarified that will be done at the time of permitting. Libby responded that it makes him feel more comfortable. Chair McCutcheon opened the public hearing at 6:23 p.m. There were no public comments. Chair McCutcheon closed the public hearing at 6:23 p.m. Kirchner asked about the de-icing. Mr. Wischmeier, 110 Sunrise Avenue, Tonka Bay, noted he does not need a de-icing permit as he owns the Caribbean Marina across the bay and runs icebreaking boats to protect the permanent docks at the marina. They will break the ice at his property, also. Ressler moved, Libby seconded, to approve LA22-000042, 540 Big Island, Conditional Use Permit for a permanent dock placed within the Floodplain based on Staff recommendation. VOTE: Ayes: 6, Nays 0. 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) Chad Mayes, Applicant, was present. City Planner Curtis gave a presentation on the item, stating 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% hardcover. They are proposing an 84 square foot reduction resulting in 32.01% hardcover. The Applicant is proposing to remove the existing detached garage and the associated hardcover in the right-of-way beyond the property boundary which do not reflect within their hardcover calculations. The hardcover proposed to serve the new 3-car garage also accommodates a required turnaround due to the property access on Shadywood Road. The proposed addition results in MINUTES OF THE ORONO PLANNING COMMISSION October 17, 2022 6:00 o’clock p.m. _____________________________________________________________________________________ Page 4 of 6 19.2% structural coverage where 16% currently exists with 20% being the maximum structural coverage level permitted. As designed the 40x24 foot garage encroaches into the setback by 12.5 feet. The Applicant has identified the non-conforming lot size as a practical difficulty supporting the requested variances. Staff finds the non-conforming 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. By reducing the garage footprint and changing the driveway it may be possible to provide a hardcover reduction resulting in approximately 28% for the site. In the opinion of Staff the Applicant has not provided sufficient practical difficulties and recommends the Applicant redesign the plan to reduce the home footprint, the hardcover, or both. Staff recommends denial of the application as proposed. Chad Mayes, Denali Custom Homes, clarified the existing garage is almost in the road with the non- conforming parking area to the left. The proposal was to remove the offending issues around the garage area as well as rock on plastic on the site. He noted they are improving on all metrics, conforming from a percent-of-structure standpoint, dropping hardcover a bit, and dramatically improving on the setback from the road to the new structure. He stated if they clip the corner of the garage they would be hard pressed to fit a two stall garage in that space. Mr. Mayes stated the family of four has four drivers and having a spot to park all three cars as well as back out into the turnaround is really important. Bollis asked how much hardcover the Applicant is not getting credit for. Mr. Mayes believes it is about 600 square feet. Erin Wessling, homeowner, stated the safety issues on Shadywood are real. Her son parks in the gravel spot they were speaking about and they cannot see his car from their house. With recent thefts and break- ins they are currently locking up keys. She also has elderly parents who visit and she worries every time they try to exit onto Shadywood. Ms. Wessling noted they really need a spot to back up into and be able to have a third car; she stated they are on a curve on Shadywood and it is a little uphill on each side. Ms. Wessling noted there is no street parking on Shadywood and in looking at nearby houses there are a lot of homes that have an upward build or other variances to address the safety issues. Chair McCutcheon opened the public hearing at 6:41 p.m. There were no public comments. Chair McCutcheon closed the public hearing at 6:41 p.m. The Commissioners discussed the item. McCutcheon likes that it is bettering the situation but it comes down to how big the addition is. He asked the Commissioners if they feel it is an egregious ask and if the practical difficulty is there. Bollis can see where Staff is going but also sees some of the practical difficulties with the lot and configuration. He noted this would be making the scenario better, the hardcover better, and thinks it may actually be more conforming to the neighborhood than the existing scenario two houses to the north. Ressler agrees with Bollis. One thing he sees is that the right-of-way is not counting against them but is also not counting for them. He noted they are removing hardcover and generally the spirit of that is to help with drainage. He would like to consider giving them credit for what they are giving up for hardcover there as it would be a good mitigate for subsidizing drainage that would be added or impacted MINUTES OF THE ORONO PLANNING COMMISSION October 17, 2022 6:00 o’clock p.m. _____________________________________________________________________________________ Page 5 of 6 inside the property line that is being counted against them. He would be open to looking at that to give them credit above and beyond. McCutcheon spoke about the angle of the lot lines causing the setback at such a sharp angle. In looking at the neighborhood they are jam-packed and it is a busy road with safety being a big concern. He considers safety, practical difficulty, and that sharp angle. Kirchner is of the opposite belief of most points made. He understands the spirit of giving credit for the removal of hardcover in the right-of-way but then arguably they should expand everyone’s hardcover allowance for every variance request to include the right-of-way in front of their home. He thinks it is a slippery slope to add that as a consideration for this one. Kirchner does not think the size is egregious but thinks 24x24 is standard size for a two car garage. Erickson thinks a change from a zero setback to a setback is a huge improvement. The turnaround and better access into the garage is another vital aspect of the application. He would have a different interpretation of numbers 11 and 12 in the Staff report; 11 mentions health and safety and the improved driveway is a big safety improvement. By having the third garage it puts less pressure on the turnaround area to be used as parking which would then cause people to turn around on the County Road again. Regarding number 12, Erickson thinks the garage and driveway increases the functionality of the home and he does not consider those items as a convenience but something that adds functionality which leads to improved safety. With those things in mind he would be willing to support the application as presented. McCutcheon agrees it is a slippery slope. In a lakeshore community, with many visitors, that is a busy road and backing into a busy road is not a good thing. It is a well thought-out design and it is improving the situation. Libby supports Kirchner’s leaning toward City Ordinance and noted it is hard not to agree with the Commissioners who brought up more practical matters. His business office is off County Road 51 and he is sensitive that it is a fast and busy road. He thinks having a turnaround rather than backing out is an incredibly enhanced safety feature. It is difficult to be somewhat in the middle of these two very logical approaches but he would tend to support the application. Ressler moved, Libby seconded, to approve LA22-000052, 1780 Shadywood Road, variances as applied. Bollis asked if it would be possible to put a condition that there not be parking on the west side of the garage at the spot they are eliminating. Curtis noted parking spaces are hardcover. If the Applicant were to choose to park there they would put themselves out of conformance. VOTE: Ayes: 5, Nays 1 (Kirchner). 4. LA22-000023 TEXT AMENDMENT REGARDING ACCESSORY DWELLING UNITS. (STAFF: LAURA OAKDEN) Oakden gave a presentation on the item, stating the Ordinance amendment would list accessory dwelling units (ADU) as an accessory use in residential zoning districts. The Code Review Committee has MINUTES OF THE ORONO PLANNING COMMISSION October 17, 2022 6:00 o’clock p.m. _____________________________________________________________________________________ Page 6 of 6 identified a need to create alternate housing types to support multi-generational housing within the City. Staff brought draft language to the committee in April 2022. ADUs would be a permitted accessory use within the residential district and proposed text amendments define the ADUs as a subordinate, habitable dwelling unit which has its own basic requirements for shelter, heating, cooking, and sanitation which can be attached or detached from a single-family dwelling. With this proposed change, guest houses and non- rental guest apartments would be removed from the City Code as they would fall under the umbrella of ADUs. It would require a building permit to construct the ADUs , they would not be eligible for rental licenses, and a covenant would be required. Chair McCutcheon opened the public hearing at 7:06 p.m. There were no public comments. Chair McCutcheon closed the public hearing at 7:06 p.m. The Commissioners discussed the item including the benefits of multi-generational housing, preventing rental scenarios and limiting possible abuse of the multi-generational concept, and the potential growing demand for temporary accessory dwelling units. Kirchner moved, Bollis seconded, to adopt LA22-000023 Text Amendment regarding Accessory Dwelling Units. VOTE: Ayes: 6, Nays 0. OTHER BUSINESS – Update on October 10, 2022 City Council Meeting Oakden gave an update on the October 10 Council meeting and the results of Planning Commission recommendations. Oakden introduced the new City Planner Natalie Nye. ADJOURNMENT Bollis moved, Kirchner seconded, to adjourn the Planning Commission Meeting. VOTE: Ayes 6, Nays 0. The Orono Planning Commission meeting adjourned at 7:26 p.m. ATTEST: _________________________________________ Mark McCutcheon, Chair Date Application Received: 09/09/2022 Date Application Considered as Complete: 09/20/2022 120-Day Review Period Expires: 01/18/2023 To: Chair McCutcheon and Planning Commission Members Adam Edwards, City Administrator From: Melanie Curtis, Planner mcc Date: 21 November 2022 Subject: #LA22-000050, Matt Johnson, 1003 Wildhurst Trail Vacation Public Hearing Background The applicant is requesting to vacate the unimproved portions of right-of-way adjacent to 1003 Wildhurst Trail and PIDs 07-117-23-21-0006; 07-117-23-21-0007; 07-117-23-21-0016; 07-117-23-21- 0002. This includes the right-of-way of Lafayette Avenue, Grandview Place, Hattie Place, and the alley within Blocks 3 and 4 as dedicated on the plat of Mount Home Park (described fully in Exhibit C). There is an existing City sewer line within the Hattie Place right-of-way serving the home at 1003 Wildhurst Trail in addition to an overhead power line running from north to south. The applicant has proposed maintaining a utility easement serving these structures. In 2018 under application #LA18-000065, the City reviewed a subdivision sketch plan for the properties associated with 1003 Wildhurst Trail (including the 10 acre property to the west). The project included vacation of the subject rights-of- way and development of the properties into 7 total lots At that time, the Planning Commission and Ccouncil were open to the proposal for vacating the rights-of-way as long as access to Saga Hill Park was maintained; they were not in favor of the overall project resulting in the creation of substandard lots. Applicable Regulations: MN State Statute 412.851 VACATION OF STREETS The council may by resolution vacate any street, alley, public grounds, public way, or any part thereof, on its own motion or on petition of a majority of the owners of land abutting on the street, alley, public grounds, public way, or part thereof to be vacated. When there has been no petition, the resolution may be adopted only by Application Summary: The applicant is requesting City approval of vacation of undeveloped rights-of-way. Staff Recommendation: Planning Department Staff recommends partial approval as noted on page 4. FILE # LA22-000050 21 Nov 2022 Page 2 of 4 a vote of four-fifths of all members of the council. No vacation shall be made unless it appears in the interest of the public to do so after a hearing preceded by two weeks' published and posted notice. The council shall cause written notice of the hearing to be mailed to each property owner affected by the proposed vacation at least ten days before the hearing. The notice must contain, at minimum, a copy of the petition or proposed resolution as well as the time, place, and date of the hearing. In addition, if the street, alley, public grounds, public way, or any part thereof terminates at, abuts upon, or is adjacent to any public water, written notice of the petition or proposed resolution must be served by certified mail upon the commissioner of natural resources at least 60 days before the hearing on the matter. The notice to the commissioner of natural resources does not create a right of intervention by the commissioner. At least 15 days prior to convening the hearing required under this section, the council or its designee must consult with the commissioner of natural resources to review the proposed vacation. The commissioner must evaluate: 1. The proposed vacation and the public benefits to do so; 2. the present and potential use of the land for access to public waters; and 3. how the vacation would impact conservation of natural resources. The commissioner must advise the city council or its designee accordingly upon the evaluation. After a resolution of vacation is adopted, the clerk shall prepare a notice of completion of the proceedings which shall contain the name of the city, an identification of the vacation, a statement of the time of completion thereof, and a description of the real estate and lands affected thereby. The notice shall be presented to the county auditor who shall enter the same in the transfer records and note upon the instrument, over official signature, the words "entered in the transfer record." The notice shall then be recorded with the county recorder. Any failure to file the notice shall not invalidate any vacation proceedings. MN State Statue 462.358 Subd. 7. Vacation The governing body of a municipality may vacate any publicly owned utility easement or boulevard reserve or any portion thereof, which are not being used for sewer, drainage, electric, telegraph, telephone, gas and steam purposes or for boulevard reserve purposes, in the same manner as vacation proceedings are conducted for streets, alleys and other public ways under a home rule charter or other provisions of law. A boulevard reserve means an easement established adjacent to a dedicated street for the purpose of establishing open space adjacent to the street and which area is designated on the recorded plat as "boulevard reserve". Orono City Code. Sec. 78-9. - Vacation of streets, alleys and public grounds. Vacation of streets, alleys and public grounds shall follow the procedures set forth in this chapter; except that such vacation shall require a petition by a majority of the landowners abutting the property to be vacated, and a hearing preceded by two weeks' published and posted notice, all as required by Minn. Stat. § 412.851. The council may vacate any publicly owned utility easement or boulevard reserve which is not being used for sewer, drainage, electric, telegraph, and telephone, gas and steam purposes or for boulevard reserve purposes, in the same manner as vacation proceedings are conducted for streets, alleys and other public ways. A boulevard reserve means an easement established adjacent to a dedicated street for FILE # LA22-000050 21 Nov 2022 Page 3 of 4 the purpose of establishing open space adjacent to the street and which area is designated on the recorded plat as boulevard reserve. Orono’s 2020-2040 Comprehensive Plan: Transportation Chapter 4A - Lake access, preservation and management Orono's lakes provide a significant recreational resource for all Orono residents. This value was long ago realized by City leaders. In order to provide lake access for the general public, as well as to provide for fire department access to the lake as a water source, a number of lake access corridors were created as the shore land developed. These typically are platted, dedicated right- of-ways leading from the local road system to the shoreline, and are commonly from 16' to 66' in width. These right-of-ways (often referred to as “fire lanes” or “lake access roads”) vary considerably in their proximity to traffic, parking availability, proximity to housing, lakeshore conditions, and other factors that effect their recreational value. Some of these corridors have been maintained by the City for local swimming beaches or as winter snowmobile and ice-fishing accesses. Certain accesses have docks for fishing, and some have ramp areas suitable for launching a small boat. However, most do not have designated parking available, and are primarily intended to serve the neighborhood rather than the general public. A number of these access corridors have steep topography, shallow water depths, undesirable lake bottom conditions, and/or dense vegetation and experience little or no usage. Of the City lake accesses shown on Map 4E-2 (Exhibit J), half of those located outside of Big Island are either undeveloped or closed to public use. Orono’s 2020-2040 Comprehensive Plan: Chapter 4E Parks, Trails, and Open Spaces • Orono will maintain Lake Access for all residents. With shore land abutting a dozen separate bays in Lake Minnetonka, Orono has a commitment to maintaining access via the dedicated access corridors. It is the City’s intent to permanently retain for public use all existing lake access corridors and fire lanes, regardless of the current level of use or maintenance. (Supports goal 5) To this end, the City will follow these policies: o Requests for vacation of dedicated lake access right of ways will be evaluated carefully, in particular where equal or better lake accesses are not available nearby. The City will identify and take necessary action to preserve the public’s right to use of any such accesses which exist but which may not have been formally dedicated. o The City will endeavor to work with property owners adjacent to lake access corridors to ensure that both the rights of the public and the rights of the private landowner are upheld. Engineer Comments 1. I do not recommend the vacation of those parts of Hattie Place identified in the proposal. That section of ROW provides a public benefit with sanitary sewer utilities. It also provides future access to the abutting parcels. 2. The other right of ways identified in the proposal do not appear to serve a public purpose and subject to DNR and other agency review could be vacated. FILE # LA22-000050 21 Nov 2022 Page 4 of 4 Staff Analysis The right-of-way corridors addressed in this application have not been identified as lake access points. There is an identified lake access point approximately ¼ mile south of the property on Forest Lake Landing (Lake Access Point #23). The challenge with vacating rights-of-way is that vacation is final. Should the public or the City have access or utility needs in the future, the cost to taxpayers to reacquire the property will be at a premium. For this reason, vacation reduces options for the City in the future. The rights-of-way of Lafayette Avenue and Grandview Place, and the alley within Blocks 3 and 4 do not serve as a benefit to the public and create a hindrance to development of the abutting property. However, Hattie Place contains improvements and secures opportunity for future access to the adjacent properties. DNR Comments The Minnesota Department of Natural Resources has reviewed the vacation request and provided comments (Exhibit G). They oppose the vacation. Their analysis indicates that the proposed vacation does not provide a public benefit nor does it protect future public use of the land to access the lake. Public Comments We have received a few phone calls requesting more information about the proposal. To date, no public comments have been received. Issues for Consideration 1. Does this request follow the Comprehensive Plan? 2. Does this request meet the statutory requirements for approval? 3. Would approving this action set precedent for future lake access vacations? 4. Are there any issues or concerns with this application? Planning Staff Recommendation Staff recommends approval of the vacation of Lafayette Avenue, Grandview Place, and the alley within Blocks 3 and 4 dedicated within the plat of Mount Home Park. However, staff recommends denial of the request to vacate Hattie Place at this time as the future purpose of the right-of-way is undetermined. Should the applicant provide a plan for development to address the access the noted concerns with the vacation of Hattie Place, staff may reconsider the vacation request. List of Exhibits Exhibit A. Application Exhibit B. Proposed Vacation Exhibit C. Legal Description Exhibit D. Aerial Photos Exhibit E. 60-day extension Exhibit F. Utility Company Notifications & Responses Exhibit G. DNR Notification & Response Exhibit H. Council Packet & Minutes 10/08/18 (RE: Sketch Plan #LA18-000065) Exhibit I. PC Report & Minutes 09/17/2018 (RE: Sketch Plan #LA18-000065) Exhibit J. Comp Plan Map 4E-2 Lake Access Points Exhibit K. Property Owners List Exhibit L. Plat Map Land Use Application Summary Application Date:09/09/2022 Address:1003 Wildhurst TRL Orono, MN 55364 Parcel Number:0711723210002 Land Use Number:LA22-000050 Application Submitted By:Property Owner Owner:Name: Matt Johnson Address: matt johnson 285 leaf st, long lake mn 55356 Applicant:Name: matt johnson Company: Address: 285 Leaf St Long Lake , MN 55356 matt.johnson.mn@gmail.com Contact Information:Associated Contact: Mark Gronberg markg@gronbergassoc.com Associated Contact: Associated Contact: Associated Contact: Project Description:Vacation of ROW (07-117-23-21-0006; 07-117-23-21-0007; 07-117-23-21- 0016; 07-117-23-21-0002) 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: PROPOSED LEGAL DESCRIPTION FOR MATT JOHNSON OF STREETS, AVENUES & ALLEYS TO BE VACATED IN THE PLAT OF MOUNT HOME PARK September 12, 2022 Those parts of Lafayette Avenue, Grandview Place, Hattie Place and the Alley in Blocks 3 and 4, as dedicated to the public in the plat of Mount Home Park described as follows: Those parts of Hattie Place lying east of the east line of the Southwest Quarter of the Northeast Quarter of the Northwest Quarter of Section 7, Township 117, Range 23, Hennepin County, Minnesota; south of the south line of Lafayette Avenue and north of the north line of Oak Glen Avenue (now known as Wildhurst Trail). Those parts of Lafayette Avenue lying east of the east line of the Southwest Quarter of the Northeast Quarter of the Northwest Quarter of Section 7, Township 117, Range 23, Hennepin Country, Minnesota and west of the northerly extension of the east line of the west ½ of Lots 8- 14, Block 1, Mount Home Park. Those parts of Grandview Place lying south of the south line of Lafayette Avenue and north of a line drawn from the southwest corner of Lot 8, Block 1 to the southeast corner of Lot 7, Block 3, all in Mount Home Park. Those parts of the Alley in the middle of Blocks 3 and 4 lying south of the south line of Lafayette Avenue and north of the north line of Oak Glen Avenue (now known as Wildhurst Trail). From:Melanie Curtis To:Matt Johnson; Matt Johnson Subject:LA22-000050 / 1003 Wildhurst Vacation Application - 60-day Review Deadline Extension Date:Wednesday, September 21, 2022 11:59:00 AM Attachments:1003 Wildhurst Trail proposed Vacation letter DNR.PDF Good morning, Matt. I wanted to let you know that the notification letters to the DNR & utility companies have been sent. I’ve attached the DNR letter for your information. Additionally, as you are aware, your application will be placed on the November 21st planning commission agenda for public hearing and December 12th City Council meeting. According to State Statue, the City has 60 days to review a land use application. Your application was considered to be complete on September 20th, upon receipt of the legal descriptions and survey information, which means your initial 60-day review period would expire on November 19th. Because of the additional timeline required for DNR notification, your application will not receive final Council action within the initial 60-day review period. Therefore, City hereby notifies you that we are extending the time period for City action under Minn. Stat. § 15.99, subd. 3(f). The initial 60-day period would normally end on October 20th; the application review time period is now hereby extended until January 18, 2023. Further extensions beyond January 18th will need to be requested by you in writing (email) if additional time is needed. This is an administrative action and results in no change to the planned meeting date schedule. If you have any questions please reach out. Melanie Melanie Curtis, Planner Direct 952.249.4627 Planning & Zoning Office 952.249.4620 2750 Kelley Parkway, Orono, MN 55356 Email: mcurtis@ci.orono.mn.us Website: www.ci.orono.mn.us All permits and applications are handled through our online portal - LINK! 20 September 2022 Chuck Mayers CenterPoint Energy PO Box 1165 Minneapolis, MN 55440-1165 RE: Proposed Vacation of unimproved right-of-way adjacent to 07-117-23-21-0006; 07-117-23-21-0007; 07- 117-23-21-0016; and 07-117-23-21-0002 in Orono. File: #LA22-000050 The City of Orono has been requested to vacate unimproved right-of-way between existing PIDs: 07-117-23-21- 0006; 07-117-23-21-0007; 07-117-23-21-0016; and 07-117-23-21-0002 which terminate at or about the OHWL; as depicted on the enclosed. We are not aware of any utilities located within the existing right-of-way/easements; however, we request your confirmation of this. Enclosed are copies of the proposed site plan. Please advise whether you have any objections to vacation of the areas shown. This item will be presented on the November 21, 2022 Planning Commission Meeting agenda for a public hearing. Receipt of your comments by or before Monday, November 14th would be appreciated. Please contact me directly 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 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] 1003 Wildhurst Trail proposed Vacation Date:Thursday, September 22, 2022 8:11:36 AM Attachments:image001.png image002.png image003.png image004.png image005.png Hi Katie, CenterPoint Energy has no issues or concerns with the proposed Vacations. 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: Wednesday, September 21, 2022 9:38 AM To: Mayers, Charles J <charles.mayers@CenterpointEnergy.com> Cc: Melanie Curtis <MCurtis@ci.orono.mn.us> Subject: [External Email] 1003 Wildhurst Trail proposed Vacation 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 morning Chuck, Please see the attached letter and enclosure regarding a proposed Vacation of unimproved right-of- way adjacent to 1003 Wildhurst Trail, including the following PIDs: 07-117-23-21-0006; 07-117-23- 21-0007; 07-117-23-21-0016; and 07-117-23-21-0002 in Orono. The attached has also been sent to 20 September 2022 Century Link SENT VIA EMAIL: Nre.easement@centurylink.com RE: Proposed Vacation of unimproved right-of-way adjacent to 07-117-23-21-0006; 07-117-23-21-0007; 07- 117-23-21-0016; and 07-117-23-21-0002 in Orono. File: #LA22-000050 The City of Orono has been requested to vacate unimproved right-of-way between existing PIDs: 07-117-23-21- 0006; 07-117-23-21-0007; 07-117-23-21-0016; and 07-117-23-21-0002 which terminate at or about the OHWL; as depicted on the enclosed. We are not aware of any utilities located within the existing right-of-way/easements; however, we request your confirmation of this. Enclosed are copies of the proposed site plan. Please advise whether you have any objections to vacation of the areas shown. This item will be presented on the November 21, 2022 Planning Commission Meeting agenda for a public hearing. Receipt of your comments by or before Monday, November 14th would be appreciated. Please contact me directly 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 From:Easement, Nre To:Katie Fitzsimmons Cc:Carson, Cody Subject:P843322 /1003 Wildhurst Trail proposed Vacation Date:Tuesday, September 27, 2022 3:52:20 PM Attachments:image001.png 1003 Wildhurst Trail proposed vacation.pdf Good afternoon. We have received your request for a Vacate – Abandonment and have set up a Lumen project accordingly. Your project number is P843322 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: Wednesday, September 21, 2022 9:07 AM To: Easement, Nre <Nre.Easement@lumen.com> Cc: Melanie Curtis <MCurtis@ci.orono.mn.us> Subject: P843322 /1003 Wildhurst Trail proposed Vacation Good morning! Please see the attached letter and enclosure regarding a proposed Vacation of unimproved right-of- way adjacent to 1003 Wildhurst Trail, including the following PIDs: 07-117-23-21-0006; 07-117-23- 21-0007; 07-117-23-21-0016; and 07-117-23-21-0002 in Orono. Please reach out with any questions or comments. Thanks! Katie 20 September 2022 Office of the President Frontier Communications PO Box 5156 Tampa, FL 33675 RE: Proposed Vacation of unimproved right-of-way adjacent to 07-117-23-21-0006; 07-117-23-21-0007; 07- 117-23-21-0016; and 07-117-23-21-0002 in Orono. File: #LA22-000050 The City of Orono has been requested to vacate unimproved right-of-way between existing PIDs: 07-117-23-21- 0006; 07-117-23-21-0007; 07-117-23-21-0016; and 07-117-23-21-0002 which terminate at or about the OHWL; as depicted on the enclosed. We are not aware of any utilities located within the existing right-of-way/easements; however, we request your confirmation of this. Enclosed are copies of the proposed site plan. Please advise whether you have any objections to vacation of the areas shown. This item will be presented on the November 21, 2022 Planning Commission Meeting agenda for a public hearing. Receipt of your comments by or before Monday, November 14th would be appreciated. Please contact me directly 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 20 September 2022 Robert Craig Mediacom 1670 Lake Drive W Chanhassen, MN 55317 RE: Proposed Vacation of unimproved right-of-way adjacent to 07-117-23-21-0006; 07-117-23-21-0007; 07- 117-23-21-0016; and 07-117-23-21-0002 in Orono. File: #LA22-000050 The City of Orono has been requested to vacate unimproved right-of-way between existing PIDs: 07-117-23-21- 0006; 07-117-23-21-0007; 07-117-23-21-0016; and 07-117-23-21-0002 which terminate at or about the OHWL; as depicted on the enclosed. We are not aware of any utilities located within the existing right-of-way/easements; however, we request your confirmation of this. Enclosed are copies of the proposed site plan. Please advise whether you have any objections to vacation of the areas shown. This item will be presented on the November 21, 2022 Planning Commission Meeting agenda for a public hearing. Receipt of your comments by or before Monday, November 14th would be appreciated. Please contact me directly 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 From:Katie Fitzsimmons To:Melanie Curtis Subject:FW: 1003 Wildhurst Trail proposed Vacation Date:Wednesday, September 21, 2022 12:54:37 PM Attachments:image001.png image010.png image011.png image012.png image013.png image002.png image003.png image004.png image005.png From: Thomas Heimel [mailto:thomas.heimel@mediacomcc.com] Sent: Wednesday, September 21, 2022 12:34 PM To: Robert Craig; Katie Fitzsimmons Subject: RE: 1003 Wildhurst Trail proposed Vacation Assuming this is the correct area we only have utilities along Wildhurst Trail. Thomas Heimel Broadband Specialist IV | Construction Mediacom Communications 1670 Lake Dr. W., Chanhassen, MN 55317 845-545-8863 thomas.heimel@mediacomcc.com mediacomcable.com P Go Green! Please print this email only when necessary. Thank you for helping Mediacom be environmentally responsible. This communication is for the named recipient(s) only. It may contain confidential, proprietary or legally privileged material not waived or lost by any mistransmission. Any interception, disclosure or use of this communication by other persons is unlawful. You must not, directly or indirectly, use, disclose, distribute, print or copy any part of this message if you are not the intended recipient. If you believe you have received this communication by mistake, please delete it and all copies from your system, destroy any hard copies and notify the sender From: Robert Craig <rcraig@mediacomcc.com> Sent: Wednesday, September 21, 2022 11:14 AM To: Thomas Heimel <thomas.heimel@mediacomcc.com> Subject: FW: 1003 Wildhurst Trail proposed Vacation From: Katie Fitzsimmons <kfitzsimmons@ci.orono.mn.us> Sent: Wednesday, September 21, 2022 9:49 AM To: Robert Craig <rcraig@mediacomcc.com> Cc: Melanie Curtis <MCurtis@ci.orono.mn.us> Subject: 1003 Wildhurst Trail proposed Vacation Good morning Robert, Please see the attached letter and enclosure regarding a proposed Vacation of unimproved right-of-way adjacent to 1003 Wildhurst Trail, including the following PIDs: 07-117-23-21-0006; 07-117-23-21-0007; 07-117-23-21-0016; and 07-117-23-21- Good morning Robert, Please see the attached letter and enclosure regarding a proposed Vacation of unimproved right-of-way adjacent to 1003 Wildhurst Trail, including the following PIDs: 07-117-23-21-0006; 07-117-23-21-0007; 07-117-23-21-0016; and 07-117-23-21-0002 in Orono. The attached has also been sent to you by mail. 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. 20 September 2022 Xcel Energy Attn: Mason Padilla 414 Nicollet Mall (MP-8A) Minneapolis, MN 55401 RE: Proposed Vacation of unimproved right-of-way adjacent to 07-117-23-21-0006; 07-117-23-21-0007; 07- 117-23-21-0016; and 07-117-23-21-0002 in Orono. File: #LA22-000050 The City of Orono has been requested to vacate unimproved right-of-way between existing PIDs: 07-117-23-21- 0006; 07-117-23-21-0007; 07-117-23-21-0016; and 07-117-23-21-0002 which terminate at or about the OHWL; as depicted on the enclosed. We are not aware of any utilities located within the existing right-of-way/easements; however, we request your confirmation of this. Enclosed are copies of the proposed site plan. Please advise whether you have any objections to vacation of the areas shown. This item will be presented on the November 21, 2022 Planning Commission Meeting agenda for a public hearing. Receipt of your comments by or before Monday, November 14th would be appreciated. Please contact me directly 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 21 September 2022 Sean W. Lawler Land Rights Agent Xcel Energy 414 Nicollet Mall (MP-8A) Minneapolis, MN 55401 RE: Proposed Vacation of unimproved right-of-way adjacent to 07-117-23-21-0006; 07-117-23-21-0007; 07- 117-23-21-0016; and 07-117-23-21-0002 in Orono. File: #LA22-000050 The City of Orono has been requested to vacate unimproved right-of-way between existing PIDs: 07-117-23-21- 0006; 07-117-23-21-0007; 07-117-23-21-0016; and 07-117-23-21-0002 which terminate at or about the OHWL; as depicted on the enclosed. We are not aware of any utilities located within the existing right-of-way/easements; however, we request your confirmation of this. Enclosed are copies of the proposed site plan. Please advise whether you have any objections to vacation of the areas shown. This item will be presented on the November 21, 2022 Planning Commission Meeting agenda for a public hearing. Receipt of your comments by or before Monday, November 14th would be appreciated. Please contact me directly 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 SENT VIA U.S. CERTIFIED MAIL: 7015 1520 0000 3576 2567 Sarah Strommen Commissioner of the Department of Natural Resources 500 Lafayette Road St. Paul, MN 55155-4040 Ms. Strommen: RE: Proposed Vacation of unimproved right-of-way adjacent to 07-117-23-21-0006; 07-117-23-21-0007; 07- 117-23-21-0016; and 07-117-23-21-0002 in Orono. File: #LA22-000050 The City of Orono has been requested to vacate unimproved right-of-way between existing PIDs: 07-117-23-21- 0006; 07-117-23-21-0007; 07-117-23-21-0016; and 07-117-23-21-0002 which terminate at or about the OHWL; as depicted on the enclosed. We are not aware of any utilities located within the existing right-of-way/easements; however, we request your confirmation of this. Enclosed are copies of the proposed site plan. Please advise whether you have any objections to vacation of the areas shown. This item will be presented on the November 21, 2022 Planning Commission Meeting agenda for a public hearing. Receipt of your comments by or before Monday, November 14th would be appreciated. Please contact me directly 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 Minnesota Department of Natural Resources • Central Region 1200 Warner Road, St. Paul, MN 55106 Office of the Regional Director DNR Central Region Headquarters 1200 Warner Road St. Paul, MN 55106 November 14, 2022 City of Orono Melanie Curtis, Planner 2750 Kelley Parkway Orono, MN 55356 Re: Proposed Vacation of right-of-way adjacent to Forest Lake, including portions of Hattie Place, Lafayette Avenue and Grandview Place Dear Ms. Curtis, Thank you for seeking input from the Department of Natural Resources regarding the above referenced proposed vacation. Your letter was forwarded to me to review and provide comments as required by M.S. 412.851. M.S. 412.851 indicates, “No vacation shall be made unless it appears in the interest of the public to do so.” In response, “The commissioner must evaluate: (1) The proposed vacation and the public benefits to do so; (2) The present and potential use of the land for access to public waters; and (3) How the vacation would impact conservation of natural resources.” The DNR has reviewed the proposed vacation of the right-of-way, including portions of Hattie Place, Lafayette Avenue and Grandview Place adjacent to Forest Lake in the city of Orono, and we offer the following comments: The proposed vacation public benefit: There is nothing in the application/letter or survey that indicates a benefit to the public. Present and potential use of the land for access to public waters: As land use patterns change this right of way has potential for access to land and water that may be of vital importance in 50 to 100 years. Fluctuation in lake levels either seasonal or long term can be unpredictable and the city may find the right of way of the road invaluable for emergency access and property owner access during these events. We ask the city to consider this. Minnesota Department of Natural Resources • Central Region 1200 Warner Road, St. Paul, MN 55106 If the city chooses to vacate the right of way, we strongly recommend that, in addition to retaining an easement for drainage and utility, the city explicitly retain the right of the public to travel across the property as well. In summary, the Department of Natural Resources concludes that the proposed vacation does not provide public benefits or protect present and potential public use of the land to access to the public water and is opposed to the vacation. If you have any questions or concerns about this letter, please contact Nancy Spooner-Mueller, with DNR Parks and Trails Division, at Nancy.spooner-walsh@state.mn.us. You may contact her by phone at 651-269-1370. Thank you for the opportunity to comment on the proposed vacation. Sincerely, Grant L. Wilson, Central Region Director Department of Natural Resources 1200 Warner Road St. Paul, MN 55106 cc: Nancy Spooner-Walsh, Division of Parks and Trails Rachel Henzen, Division of Parks and trails. AGENDA ITEM Prepared By: J. Barnhart Reviewed By: DJR Approved By DJR 1. Purpose. The purpose of this item is consider a sketch plan prepared for 1003 Wildhurst, and to provide non-binding feedback to the applicant and property owner. 2. Background. The City has received a sketch plan that proposes the consolidation of 4 lots privately held by Chris Morgart and adjacent rights-of way, to be subdivided into 8 single family lots. The 4 lots to the west (Lots 1-4) of a proposed expansion of Wildhurst Trail are zoned RR-1B and require a minimum 2 acre area and 200 feet width. The 4 lots (lots 5-8) to the east are zoned LR-1B, and require minimum 1 acre, 140 feet width. Note: Figures in red are non-conforming. Lot sizes may fluctuate, based on wetland delineation, slopes greater than 18%, and bluffs, which are not included in the minimum lot area. Access to the site will be via the extension of Wildhurst Trail, a public street. The plan shows a cul de sac at the northern terminus of Wildhurst. The eastern 4 lots are within the MUSA boundary, and therefore have access to sanitary sewer. The lots to the west are not. To be served by sanitary sewer, the MUSA boundary will need to be adjusted. The developer has indicated they have developed a plan to follow zoning requirements as closely as practical, though some flexibility is requested: These main policy questions identified are: a. Vacation of Right of Way. There are several platted rights of way for streets and alleys that are proposed to be vacated. Does the Council find vacation of rights of way desirable? b. Lot width flexibility. The Plan shows the 4 western lots to be less than the 200 feet of width required by the Zoning Code. Does the Council support flexibility in the lot width for these parcels, currently showing widths of 156.75 feet or 157.42 feet? The western lots appear to exceed the minimum 2 acre area. c. Lot width flexibility. The plan shows the 4 lots to the east of Wildhurst to be between 120-245 feet in width, measured at the street. Lot 7 touches Forest Lake, thereby establishing that lot as a lake lot. Lot frontage is measured at the OHWL and 75 feet back. The property contains only 90 feet of Lakeshore frontage. It does not seem possible to achieve the lake frontage requirement without expanding the Lake. Aside from the Lake frontage requirement, does the Council support lot width flexibility for the remaining lots? The Planning Commission staff report, included as Exhibit B, provides additional information. Width Area MUSA Width Area MUSA Lot 1 156.75 2.33 No Lot 5 124.74 1.07 Yes Lot 2 156.75 2.31 No Lot 6 120 1.01 Yes Lot 3 156.75 2.3 No Lot 7 145 1.00 Yes Lot 4 157.42 2.26 No Lot 8 245 1.01 Yes RR-1B (200 feet width, 2 acres)LR-1B (140 feet width, 1 acre) Item No.: 13 Date: October 8, 2018 Item Description: LA18-000065 – Jim Koch o/b/o Christopher Morgart, 1003 Wildhurst Trail, Sketch Plan Presenter: Jeremy Barnhart, AICP Community Development Director Agenda Section: Planning Department Report AGENDA ITEM Prepared By: J. Barnhart Reviewed By: DJR Approved By DJR 3. Planning Commission Comment. The Planning Commission reviewed the sketch plan at their meeting on September 17th. The draft minutes are attached as Exhibit C. The Planning Commission comments included a desire to retain access to Saga Hill, City owned land to the west. Existing ROW, 30 feet wide, is not proposed to be vacated. Some Commissioners also commented on the desire to retain access to the Lake. The Commission seemed open to flexibility of lot width (on the east side) to support access to the Lake. Commissioners did not seem to support flexibility for the lot width for the west side lots, but some mentioned the benefits of providing sanitary sewer to these lots. These benefits could include a retention of more trees, as septic sites would not need to be developed if served by sanitary sewer. 4. Public Comment. To date, no public comments have been received. 5. Staff Recommendation. Staff recommends the Council provide feedback on the issues identified, and any other topics of interest. COUNCIL ACTION REQUESTED Provide non-binding feedback to the developer based on their review of the proposal. Exhibits Exhibit A. Plans Exhibit B. Planning Commission Staff report Exhibit C. Planning Commission minutes LA18-000065 Exhibit A MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,October 8,2018 7:00 o'clock p.m. Seals agreed it does not meet the definition of a practical difficulty. Crosby noted the applicants are not expanding the footprint, which would be more of a concern, but there is not a major practical difficulty for the expansion but would provide them with more enjoyable outdoor space. Crosby indicated he would be willing to give some flexibility given the retractable screens. Printup moved to approve the stairway but to deny the roofed porch over the top. Schutz stated the property owners' idea of a practical difficulty is the amount of bugs that are down by the lake,which limits their ability to use the structure. The owners would be willing to reduce the massing on the lot by removing the main patio area or the pumphouse,which is deteriorated and ready to fall into the lake, or the upper deck. Walsh stated trading hardcover is still not a practical difficulty and having a screen porch to avoid insects is probably not a practical difficulty. If that was the case,the City would have a number of other owners of boathouses coming in asking for a second story to be added to their boathouse. Printup moved, Seals seconded to approve the hardcover variance to reorient lake stair access and to deny the vertical expansion of the boathouse. VOTE: Ayes 5,Nays 0. PLANNING DEPARATMENT REPORT—BRUCE LEMKE,REPRESENTATIVE 13. LA18-000065 JIM KOCH ON BEHALF OF CHRISTOPHER MORGART, 1003 WILDHURST TRAIL,SKETCH PLAN Jim Koch,Applicant, was present. Barnhart stated this sketch plan proposes the consolidation of four lots privately held by Chris Morgart and adjacent rights-of-way. The lot would then be subdivided into eight single-family lots. The developer is requesting some flexibility on the following: 1. Vacation of right-of-way. Here are several platted rights-of-way for streets and alleys that are proposed to be vacated. 2. Lot width flexibility. The plan shows the four western lots to be less than the 200 feet of width required by the Zoning Code. 3. The plan shows the four lots to the east of Wildhurst to be between 120-245 feet in width, measured at the street. Lot 7 touches Forest Lake,thereby establishing that lot as a lake lot. Lot frontage is measured at the OHWL and 75 feet back. The property contains only 90 feet of lakeshore frontage Access to the site will be via the extension of Wildhurst Trail,which is a public street. The plan shows a cul-de-sac at the northern terminus of Wildhurst. The eastern four lots are within the MUSA boundary and therefore have access to sanitary sewer. The lots to the west are not within the MUSA boundary. To be served by sanitary sewer,the MUSA boundary will need to be adjusted. Page 7 of 18 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,October 8,2018 7:00 o'clock p.m. The Planning Commission reviewed the sketch plan at their September meeting and expressed a desire to retain access to Saga Hill, city-owned land to the west. The existing right-of-way, 30 feet wide, is not proposed to be vacated. Some Commissioners also commented on the desire to retain access to the lake. The Commission seemed open to flexibility of lot width on the east side to support access to the lake. The Commissioners did not seem to support flexibility for the lot width for the west side lots but some mentioned the benefit of providing sanitary sewer to these lots. One benefit would be the retention of more trees since septic sites would not need to be developed if served by sanitary sewer. Walsh asked for more information on the MUSA. Barnhart stated right down the middle of the right-of-way is the MUSA boundary,resulting in the lots to the east being within the MUSA boundary. The reason the City does not just expand the MUSA boundary is that the Metropolitan Council looks to those lots as being three units per acre. The east side is already within the City's density calculation,but the western lots are not within the MUSA unless the City makes an amendment to the Comprehensive Plan. In that case,the Metropolitan Council will look to see whether there are three lots per acre,and if there is not,the Metropolitan Council will ask for those units to be added somewhere. It is expected that these properties will be served by private septic. Overall the property is vastly wooded,with some steep slopes. Walsh stated one of the benefits of extending the MUSA boundary is that there are four potential lots that are close to the lake on land that runs towards the lake,and if anything happened, it would essentially go into the lake. The negative is that it impacts the City's overall number for density. Barnhart displayed an aerial of the area,pointing out the subject parcels and the right-of-way. Walsh stated the City will want to keep the access to Saga Hill. Barnhart stated the Planning Commission also felt that access should remain public and that there is no proposal to vacate that. Printup asked about the right-of-way to the lake. Barnhart stated the idea the Planning Commission had is if the City Council decides they do not need the right-of-way depicted in green, perhaps a better access would be through a different area,which is an item for discussion tonight. Printup asked what the topography is going down to the lake. Barnhart indicated there are some steep slopes in that area and marshy areas. Rief noted the Big Woods encroaches on that property, and if there is septic rather than MUSA,that would require a lot more land disturbance on the west side. One of the things that has been talked about before is if there was ever an expansion of Saga Park,that property would be ideal. Rief stated in his view the City Council should consider it even though it is not the density the Metropolitan Council may want. Walsh stated the City should perform that calculation to determine how adding this parcel will impact the City's density. Page 8 of 18 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,October 8,2018 7:00 o'clock p.m. Barnhart stated in his view the City will have sufficient buffer to absorb these lots. Jim Koch, Contractor, stated this is a unique piece of property and consists of almost 15 acres. The ten- acre side of the property is located in the RR-1B District, and the eastern four lots are zoned LL-RB, which is the 5-acre zoning. In coming up with the sketch plan,they tried to follow current zoning requirements,the Comprehensive Plan designations, lot size requirements and land use density requirements. Some initial engineering and environmental studies have been completed and they have met with the Watershed District on some of the wetlands and a potential stormwater management plan. The overall goal of the project was to try to come up with a plan that met as many of the City's requirements as possible rather than trying to ask for more lots as has been done in previous applications. Koch indicated it worked out perfectly to have the road go down the middle of the site, which gave them the opportunity to keep the zoning requirements intact on each side as well as meet the lot size requirements and most of the frontage requirements. Koch noted they did not request initially changing the MUSA boundary but some of the Planning Commissioners did indicate it would be a great opportunity and would help preserve more of the trees and be more environmentally friendly. Koch stated they recently asked Staff whether they could do an exchange with Saga Hills for extending the MUSA but apparently that is not possible. Koch indicated they would be open to anything they can do to help facilitate sewer on the western side of the road. As part of the project,an analysis on the Conservation Design was completed, and stormwater management and conceptual designs for the roads were studied to ensure they had positive views for all the lots. Even though there is some elevation on the back side of the site, in their view the proposed plan makes for a better elevation for views and being in the MUSA would allow them to preserve more of the trees. Koch stated from their standpoint,they wanted to propose a concept that met most of the requirements and that they attempted to minimize the need to rezone. Some flexibility on the road frontage is necessary but overall the lots are well over the size minimum. Koch indicated they would also like some flexibility to vacate the road rights-of-ways. A plat from 1949 was found that showed several hundred lots, which is where the road rights-of-way came from. Koch stated they are looking for guidance on those two elements. Chris Morgart, 1003 Wildhurst Trail, displayed the 1949 plat, and noted that in the early 1960s a number of rights-of-ways were vacated except for two areas. Morgart pointed out a section of the site that used to be part of the park but is now private land. Morgart commented he is not sure the City needs another entrance to the park. Walsh stated he would be in favor of looking at expanding the MUSA boundary to include the western lots,but from a blank slate point of view,unless there is some inherent practical difficulty demonstrated, the City will want the plan to follow the frontage requirements. If the City Council says 200 feet can now be 140 feet with this plan,what they would be saying is that they are in favor of increasing the density and changing the standards. If the project does not work economically, it does not work economically. Walsh noted the City's Economic Development Committee reviewed the codes and eliminated some but the ones that remain the City Council likes to enforce. Page 9 of 18 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,October 8,2018 7:00 o'clock p.m. Walsh stated the City also has philosophically said that they do not want to increase density anywhere except for a portion along the Highway 112 corridor to help with the City's density calculation. The City Council would like to keep a large portion of Orono rural. Walsh indicated he does not have any problem with vacating the easements as long as the easement to Saga Hill remains and that he can see some hardship given the slope. Walsh stated they will have to figure out how to get one acre of dry buildable with the wetland included. Crosby asked what the benefit to the City would be with the lakeshore access. Barnhart indicated it would maintain some access for the public to the lake in that area. Rief noted that access is currently not maintained. Printup indicated he is in agreement with Mayor Walsh but that he would like to hold off on the lake access until he has more information on it. Seals stated she has a problem with the width of the lots and that it seems the City has issues when the lots are not wide enough, especially when the development is a blank sheet. Crosby asked what the width is on the east side. Koch indicated the east lots are 140 feet and the western lots are 200 feet. Koch stated if they were to eliminate a lot,they have looked at eliminating Lot 8,which could provide some additional frontage, but there might be one lot that is in one zoning district overlapping the other zoning district. Koch stated that could be considered a practical difficulty. In addition,the configuration of the road could possibly change. Koch asked whether having a lot that overlaps from one zoning district to the other would be allowed. Walsh stated he would refer that back to Staff,but that he would encourage them to do whatever makes sense and meets the code. Barnhart stated frontage for lake lots is measured at the lake, so Lot 7 would probably need to be eliminated. Some flexibility could possibly be given for Lot 6 on the width. The rest of the lots are measured at the building setback line. Staff would support a modification to the zoning ordinance so one lot does not have two zoning districts. Rief asked how that would impact the MUSA. Barnhart stated a modification might need to be made but that it would be rather marginal. Walsh stated if the developer can figure out how to make it work with the road,he would encourage him to pursue that. Crosby, Dankey, and Seals indicated they would be in favor of city sewer for the western lots. The City Council took no formal action on this item. Page 10 of 18 60-Day Review Period: Not Applicable – Sketch Plan To: Chair Thiesse and Planning Commission Members Dustin Rief, City Administrator From: Jeremy Barnhart, Community Development Director Date: September 17, 2018 Subject: #LA18-000065, Jim Koch o/b/o Christopher Morgart; 1003 Wildhurst Trail, Sketch Plan Background The subject property consists of 4 parcels and unimproved right of way. The project proposes to combine all parcels into one, to be subdivided with the vacated right of way. The first policy question for the Planning Commission and the Council is to determine the appetite to vacate the right of way necessary to support the development. The total project area, including rights of way, is 14.8 acres. Right of Way Vacation. The right of way forming the north portion of planned Lot 5, and the eastern portion of lots 5, 6, and 7 may connect to Lake Minnetonka. The DNR will be included in the formal review process. Generally, the City avoids vacating right of ways that serve as lake access. Further review is necessary, but perhaps a portion of the right of way should be retained to provide that access, and remaining sections vacated. Application Summary: The applicant is requesting comments related to the review of a sketch plan for a proposed eight lot single family subdivision at the north end of Wildhurst Trail. Staff Recommendation: While no formal action is required, this memo will serve as a foundation for discussion of issues to be addressed when a formal preliminary plat application is submitted. PID Comp Plan Zone Area 711723210002 Rural Residential RR-1B 10.09 711723210007 Low-Medium Density Residential LR-1B 1.66 711723210016 Low-Medium Density Residential LR-1B 1.26 711723210006 Low-Medium Density Residential LR-1B 0.41 LA18-000065 Exhibit B FILE # LA18-000065 September 17, 2018 Page 2 of 4 The parcel has been the subject of sketch plans and preliminary plats in the past: File Number Date Lots Notes 867 Jul-78 11 Lots range in size from 40,000 to 72,555 sf 2240 Jun-97 10 10 of 17 lots on subject property. Lots ranged in size between 45,000 and 66,300 sf. 3 conforming 1.0 acre lots, 7 non- conforming lots 2293 Sep-97 11 11 of 14 lots on subject property. 3 conforming lots, 8 non-conforming. Submitted as Preliminary Plat, Comp plan Amendment, Rezoning, Street Vacation LA18-000018 Mar-18 11 Withdrawn by applicant. 4 conforming lots, 7 non-conforming lots These previous proposals included a desire to be served by the Municipal sanitary sewer service, requiring comprehensive plan amendments at that time. Proposal The applicants plan is attached as Exhibit B. The development proposes to extend Wildhurst Trail to the north boundary of the parcel, to terminate in a cul de sac. Wildhurst Trail is a public road. On the east side of the extended Wildhurst, 4 lots are proposed (numbered as lots 5-8). These lots are in the Metropolitan Urban Services area (MUSA) and would be served by municipal sanitary sewer services. Each lot is greater than the 1.0 acre required. Lots 5, 6, and 7 appear to include a 929.4 elevation, which would mean that these lots would be lake lots, and subject to the lot width measurement at the lake, and at 75 feet landward of the lake. If Lake lots, it does not appear that the lot width requirement (100 feet) can be met. The Commission should comment on their appetite for flexibility on the lot width issue here. Lot 8 appears to be encumbered by a wetland, a delineation will clarify the encroachment. West of the extended road, 4 lots are proposed (numbered 1-4). These lots exceed the 2 acre lot acre minimum gross lot size, but some of these lots have slopes greater than 18%, these areas cannot be included in the lot area calculation. Lots 1-4 are 157.42 to 156.75 feet wide, measured at the street, the width requirement is 200 feet. These lots are not located within the MUSA and would be served by on-site septic systems. The slopes on proposed lots 3 and 4 may limit options for locations. The 4 lots should be considered conceptual, of importance in developing the final plan is the analysis of the parcels to confirm that each lot can support two septic sites for 5 bedroom homes. The Commission should also comment on their appetite for flexibility from the lot width requirement for these lots. The proposal does not suggest the need for a comprehensive plan amendment, or a rezoning. No house plans, or sale price of the lots, has been indicated. Environmental Impact The developer is advised that this subdivision is subject to the City’s Conservation Design Ordinance. The project will be reviewed in terms of the Rural Oasis goals and policies which FILE # LA18-000065 September 17, 2018 Page 3 of 4 have been approved by the City Council. Conservation design regulations are attached as Exhibit E. The western 10 acres of the site is heavily wooded. There appears to be wetlands on the property, based on data provided by Hennepin County (Exhibit D). The effect of the development on these ecosystems will need to be carefully considered. Analysis The Planning Commission should comment on the lot width issues identified above. The Conservation Design Plan will provide further insight on the impact of the development onto the ecosystems, and the developers plan to minimize and mitigate these impacts. Wildhurst is a 3,000 foot long residential road terminating in a cul de sac. There are no proposed extensions of this road to connect to other collectors, nor is that connection immediately likely, due to wetlands to the north. The extension of the cul de sac to the north property line does provide an opportunity for a connection, should that be a desire in the future. No analysis of a stormwater management plan has been completed. The land use (single family residential) and density are generally consistent with the Comprehensive Plan. Adjusting the plan to meet existing zoning requirements may result in the loss of 1 or 2 lots. Engineering Comments The city engineer has provided some preliminary comments on the proposal: The developer will be responsible to extend the sanitary sewer main to service lots 5, 6, and 7. It is advised that the stormwater management plan be developed early in the process as the topography may influence layout. City water is not available, each lot will need a private well. Issues for Consideration 1. Does the Planning Commission support vacation of right of way to support development on the property. 2. Does the Planning Commission support a flexibility of lot width at the lake? 3. Does the Planning Commission support a flexibility of lot width for non-lake lots? 4. Does the Planning Commission have other comments or issues with the plan that the developer should be aware of? Planning Staff Recommendation The Planning Commission should provide non-binding feedback to the developer as they further develop their plans. List of Exhibits Exhibit A. Application Exhibit B. Proposed Plans with contours Exhibit C. Proposed Plans without contour, showing Right of Way Vacation Exhibit D. Wetland Map (Hennepin County) FILE # LA18-000065 September 17, 2018 Page 4 of 4 Exhibit E. Conservation Design regulations MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 17, 2018 6:30 o’clock p.m. _____________________________________________________________________________________ Page 1 of 5 7.LA18-000065 JIM KOCH ON BEHALF OF CHRIS MORGART, 1003 WILDHURST TRAIL, SKETCH PLAN, 7:19 P.M. – 7:58 P.M. Jim Koch, Applicant, was present. Barnhart stated this is a sketch plan for an 8-lot single-family subdivision at the north end of Wildhurst Trail. The subject property consists of four parcels and an unimproved right-of-way. The first policy question for the Planning Commission and the City Council is to determine whether they would be amenable to vacating some or all of the right-of-way necessary to support the development. The right-of-way forming the north portion of planned Lot 5 and the eastern portion of Lots 5, 6, and 7 may connect to Lake Minnetonka. Generally the City avoids vacating rights-of-way that serve as lake access. In this situation, Staff feels some portion of the right-of-way could be vacated but that access to the lake should be preserved. The west side of the development is a 2-acre zone and is outside of the MUSA. On the east side it is a 1-acre minimum zone and is eligible for MUSA. Each lot on the east side is greater than the 1.0 acre required but some of these lots appear to have a 924’ contour, which would make them lake lots and subject to the lot width measurement at the lake and at the 75-foot setback. If they are deemed lake lots, it does not appear that the lot width requirement can be met. West of the extended road four lots are proposed. These lots exceed the two-acre lot minimum gross lot size but some of these lots have slopes greater than 18 percent. Those areas cannot be included in the lot area calculation. The width requirement is 200 feet as measured at the street. At this time the lots should be considered conceptual since all lots will need to be confirmed that they can support two septic sites. The developer should be aware that this subdivision is subject to the City’s Conservation Design Ordinance. The project will be reviewed in terms of the Rural Oasis goals and policies that have been approved by the City Council. The Conservation Design will provide further insight on the impact of the development and the developer’s plan to minimize and mitigate these impacts. Lemke asked how the sewer would come into the property. Barnhart indicated it would likely come from Wiildhurst but that a feasibility study has not yet been performed. Lemke asked whether it would make sense to serve both sides. Barnhart stated that argument could be made. One advantage to that would be to save some trees, but that it would be a pretty significant departure from past practice in regard to expanding the MUSA boundary. In addition, it would be inconsistent with the Comprehensive Plan and the rest of the Wildhurst Road neighborhood. Lemke asked whether there have been any soil tests done that demonstrate the lots will support a private septic system. Barnhart stated to his understanding there was some septic testing done in the late 1990s but that he does not have that information available tonight. LA18-000065 Exhibit C MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 17, 2018 6:30 o’clock p.m. _____________________________________________________________________________________ Page 2 of 5 Libby stated a consideration for the property owners and developer is that if city sewer is allowed, each lot will gain a substantial amount of land since they will not have to dedicate a second site for septic. Barnhart stated if the Planning Commission supported that change, it is likely the applicant would welcome that, but that expansion of the MUSA boundary would be a departure from what has normally been done. Landgraver asked if this is an isolated right-of-way. Barnhart stated this whole area has been platted in the past and that is what is left on the eastern three parcels that the property owner owns. Thiesse asked if there is an alley easement down Wildhurst. Barnhart stated it would be a right-of-way and not an easement. If it is a platted right-of-way, it would need to be addressed by the applicant. Jim Koch, Applicant, commented this is a unique piece of property with an intervening view of the lake. The parcel consists of almost 15 acres with two different zoning classifications. The 10-acre parcel is zoned RR-1B and the 5-acre parcel is zoned LL-RB. There have been some applications in the past that have created more lots than what is being proposed right now and required rezoning. Koch stated they attempted to come up with a plan to stay within the existing zoning guidelines and have designed lots that are similar to the surrounding area. Koch noted this plan requires a variance to the frontage, which they felt was the least impactful. The lots are well over the 2-acre minimum on the RR-1B side and are within the requirements for lot sizes on the east side. The plan is to follow engineering guidelines and environmental recommendations. Koch indicated they have met with the Watershed District on the wetlands and a stormwater plan and that they are attempting to be the least impactful that they can. The parcel consists of four different PIDs and the proposal is to take those properties and combine them. An analysis was done on the engineering and environmental impacts and Conservation Design requirements will be followed. Koch stated they would welcome the opportunity to add city sewer to the lots in the RR-1B district and that they would certainly explore the engineering to add that side of the road to city sewer. As it relates to the extension of Wildhurst Trail, the other designs that have been proposed have had multiple roads going into the property, which did not meet the environmental guidelines for the property. This proposal has one road coming in off of Wildhurst and follows the zoning line. Koch stated the two things they would like support from the Planning Commission on is to vacate the rights-of-way and for some flexibility on the lot widths. Koch stated they were not able to provide the 200-foot lot width but that they are very close. The intent of the 2-acre minimum was to make sure the lots were bigger, which this proposal meets, and that the proposed lots are very similar to much of the surrounding platted property. Lemke asked what will happen north of the property. MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 17, 2018 6:30 o’clock p.m. _____________________________________________________________________________________ Page 3 of 5 Koch indicated Saga Hill is in the area, which has been included in the MUSA boundary, and that one option might be to swap out a portion of the Saga Hill site. Lemke asked why the cul-de-sac is located so far up. Koch indicated they did that because of the potential right-of-way to the lake but that they could move it back. Thiesse noted it is pretty much all wetland to the north and that Saga Hill is to the south. Thiesse asked if the right-of-way pretty much goes into Saga Hill. Barnhart indicates the unimproved right-of-way goes into Saga Hill. Thiesse stated he would like to retain some of the right-of-way into Saga Hill and have some sort of right- of-way between Lots 6 and 7. Koch stated that is a good recommendation. The lots are a little over an acre and it would be a matter of where that access could be provided but that would be one possibility. Thiesse asked if it would still be a viable project if it was reduced down to three lots. Koch stated they have already reduced the number of lots from 11 and that they feel this is a good number of lots. Thiesse asked if Lot 4 is buildable. Koch stated it likely is. Landgraver stated the lots on the left could get more into conformance, which would mean three lots. Koch noted Lots 1 through 4 are significantly bigger than the other lots in the neighborhood. Libby asked if he has any metrics on the water quality or depth of the water in that area. Koch stated they have been working with the Watershed District and that in 1991 maintenance dredging had been done at ten feet but that it is kind of a floating bog in some of the area. Koch indicated he is trying to do a little more research about dredging with the Watershed District and that they can dredge it out to the original size. Libby asked how many docks would be available. Koch stated they have not really explored that at this time but to his knowledge there were two docks listed with the City under a joint dock use agreement. Landgraver stated historically the City has not yielded on rights-of-way to the lake and that if the developer could maintain some form of right-of-way, it would be a win-win situation. Thiesse recommended the right-of-way into Saga Hill be maintained. MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 17, 2018 6:30 o’clock p.m. _____________________________________________________________________________________ Page 4 of 5 Koch stated that would be very difficult due to the elevation. Thiesse commented they would not have to do anything with the right-of-way but that they could trade the right-of-way to provide someone else the opportunity to do something with it if they wished. Thiesse noted the only variance they are proposing is to the lot width. Erickson noted he served on the Orono Comprehensive Plan Committee and that they reviewed the lake access points listed in the Comprehensive Plan. In reviewing the list, it was discovered that over half of the access points have been closed. Any further discussion about the lake access should refer to that inventory to see whether this access point is on that inventory. Erickson noted some of the lake access points that are available to the public are restricted, such as no snowmobiling, which is how it should be due to the different topography. Erickson stated there is also the issue of neighborhood concerns regarding the access. Landgraver stated he has a concern with reducing the width of the lots in order to get four lots in there on the west side. Landgraver indicated he would be willing to give some compromise on the lake lots if the west side is brought more into conformity. Thiesse stated it appears the Planning Commission is okay with some type of right-of-way being maintained but they have some difficulty with the width of the lots on the west side. Thiesse asked if the new road is proposed to be private or public. Barnhart stated currently Wildhurst is a public road. Barnhart stated what he has heard so far regarding what is important to the Planning Commission is access to the lake, access to Saga Hill from the west, meeting the requirements for lot width, particularly on the west side, but that they are open to some flexibility on the east side. Barnhart noted the lot sizes are based on the gross area and the wetlands and slopes of 18 percent may impact that. Koch commented they have received a lot of interest on lots that are over two acres and that the 4-lot number is pretty important to them on that side. Libby asked if Haddy Street is built to city standards. Barnhart indicated he has not done that measurement. Koch stated to his knowledge their engineer did take that into consideration. Barnhart noted a lot of details are not usually included on a sketch plan and that Staff was looking for some direction on the three policy questions. Lemke stated the width of the lots does not bother him as much as it does some of the other Planning Commissioners. Thiesse stated once the wetlands and slopes are taken into consideration, the lots will likely shrink. Lemke recommended the developer pursue city sewer for the other lots. MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 17, 2018 6:30 o’clock p.m. _____________________________________________________________________________________ Page 5 of 5 The Planning Commission took no formal action on this item. #* #* #* #* #* #*#*#* #* #* #*#*#* #* #* #* #* #* #* #* #* #*#* #*#* #* #*#*#*#* #* #*#* #* #* #* #* #* #* #* #* #*#*#* #*#* #*#*#*#* #* Cook'sBay SpringParkBay Carman'sBay HarrisonBay WestArm MaxwellBay NorthArm ForestLakeJenning'sBay StubbsBay LafayetteBay WayzataBayTanagerLake LakeClassen DickeyLake LongLake LydiardLake MooneyLake CascoPoint CrystalBay BohnsPoint SmithBay LakeMinnetonka BrownsBay BrackettsPoint FrenchMarsh KatrinaLake DutchLake LangdonLake LongLa k e CreekM inne h ahaCreek Pai n t e r C r e e k M in n e h a h a C r eek Paint er C reekGVWX15 GVWX16 GVWX15 GVWX112 GVWX84 GVWX135 GVWX101 GVWX110 GVWX146 GVWX125 GVWX5 GVWX151GVWX19 GVWX6 GVWX19 GVWX101 GVWX6 GVWX51 %&'(394 %&'(494 )*12 )*12 ?@A@7 ST26 ST201 M inne t o n kaD r Minnetonka Blvd WoodhillRoadT hreePointsB lvd Lake St Extension Orcha rd Roa d Highland Ave LynwoodBl vd P eaveyRoad6 t h Ave N Ferndale Road NCounty Road 19 NStar keyRoadRutledge Road 22 ndAve N Commerce BlvdHighway 12 E6thAveN TonkawoodRoadCountyRoad101Interstate 494Highw oo d D r N Arm Dr Williston RoadAzure RoadBrownRoadNShorelineDr Ferndale Road W 19th Ave N Man o rR o a d O akla n d RoadFerndaleRoadSInterstate394 Highway 7 8th Ave N NShore Dr StoneRoad Rice St E W atertownRoad G l e a so n L a k e D rCarlsonPkwyN21 s t A v e N 3rdAve N Wayzata Bl vd EWillow Dr NBayside Road W a y zata B lv d W Ke lley P k w y Lakeview AveCounty Road 151 Grays B ayB lvdRanchview Ln NLake Ave Daniels St Ma pl ewood RoadLakeStE Pkwy4th Ave N Av onDrD e v on Dr P ar k Ave S Ln OrchardLn S h or e w ood L n SteeleStPark St E Grand Ave N o r t h e r n A ve Vine StDove Ln2 0 th Ave N County Road 839thA v e NRidge v i e wDr EOld Crystal Bay Road NFox St OldLongL ake R o a dMinnehaha PlDay PlHeritageLnRainbowDrLyricAve W Branch Road Ringer R oa dHunter DrWayzata Blvd Spring HillR oadTemp le Dr Arco l a LnCountyRoad15Crow n DrEastwoodRoad5thAveNChimoWWildhurstTrl Moline Road Tamarack DrWayza t a B l v d W To go Roa d W Arm Dr Regent s W a lkGaleRoadPea vey Ln C y gnetPlDrake Dr Turner Road Linwood RoadKelly Ave McGintyRoadW M an it o u R oadWilshireBlvd CountyRoad101ShadywoodRoad G leasonLakeRoadCrosbyRoadHarborLnNBa rtlettBlvdHighland RoadCounty Road 19Old Crystal Bay Road SVineHillRoadCanterbu r yDrDonald Dr LinnerRoadDunkirk Ln NW illo wDrSLeaf StHoldridg e Dr To n k a w a Ro a dMcCulleyRoadCo unty Road1 10N Victoria StBrownRoadSI slan dViewDrEastmanLn Niagara Ln NEd g e w ater Dr Vicksburg Ln NWPointRoadLafa y ette RoadBushawayRoadWoodhillR oadLakeview Pkwy Leroy StStubbs Bay Road NSussex DrTroy L n N Hi l lside D rW18thA v e N 2 1 34 5 6 7 8 9 10 111213 14 15 16 17 18 19 20 21 222324 2526 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 A B CD E FG HI 1A Map Document: \\Arcserver1\GIS\ORNO\C13114814\ESRI\Maps\LandUse\ORNO_4E-B_LakeAccessPoints_11x17L.mxd | Date Saved: 11/9/2018 3:27:44 PM2040 Comprehensive PlanOrono, MN November 2018Lake Access Points Legend City Limits 2040 MUSA Lakes & Ponds Rivers & Streams 0 3,500FeetSource: Met. Council, City of Orono, Hennepin County, MnDOT !I Lake Access Points #*Lake AccessPoints Map 4E-2 38 07-117-23 12 0002 COREY ROBERT OLSON ANNETTE SUE OLSON 75631 265TH ST GRAND MEADOW MN 55936 38 07-117-23 12 0003 BRAD PFAFF 993 WILDHURST TR MOUND MN 55364 38 07-117-23 12 0009 JOSEPH R FELDMANN DONELLE L FELDMANN 805 FOREST ARMS LA MOUND MN 55364 38 07-117-23 12 0010 MICHAEL & MARY MC ELLIGOTT 815 FOREST ARMS LA MOUND MN 55364 38 07-117-23 12 0011 NATHAN M BRANDENBURG BETH M BRANDENBURG 825 FOREST ARMS LA MOUND MN 55364 38 07-117-23 12 0012 BRET C RIEMENSCHNEIDER JENNIFER S RIEMENSCHNEIDER 835 FOREST ARMS LA MOUND MN 55364 38 07-117-23 13 0216 RITA JANE ZEBECK 4658 CARLTON DUNES DR #14 AMELIA ISLAND FL 32034 38 07-117-23 13 0217 PETER J RYSKAMP LISA M V RYSKAMP 1000 WILDHURST TR MOUND MN 55364 38 07-117-23 21 0002 CHRISTOPHER D MORGART 1003 WILDHURST TR MOUND MN 55364 38 07-117-23 21 0003 THOMAS W FLECK LAURIE A FLECK 995 WILDHURST TR MOUND MN 55364 38 07-117-23 21 0004 BRIAN L & ANN K TURBEVILLE 997 WILDHURST TRL MOUND MN 55364 38 07-117-23 21 0005 TONY SCOTT STINAR ALISON STINAR 999 WILDHURST TR MOUND MN 55364 38 07-117-23 21 0006 MATTHEW JOHNSON 1003 WILDHURST TR MOUND MN 55364 38 07-117-23 21 0007 CHRISTOPHER D MORGART 1003 WILDHURST TR MOUND MN 55364 38 07-117-23 21 0013 MELISSA J MUNSCH 1001 WILDHURST TR ORONO MN 55364 38 07-117-23 21 0014 LAURA SANDEN & DANIEL SANDEN 4505 WEST BRANCH RD MOUND MN 55364 38 07-117-23 21 0015 JANE E KLINE 4455 WEST BRANCH RD MOUND MN 55364 38 07-117-23 21 0016 MATTHEW JOHNSON 1003 WILDHURST TR MOUND MN 55364 38 07-117-23 22 0007 CITY OF ORONO P O BOX 66 CRYSTAL BAY MN 55323 38 07-117-23 22 0008 CITY OF ORONO P O BOX 66 CRYSTAL BAY MN 55323 38 07-117-23 22 0011 RYAN MATTHEW ORTLIP 10405 BUNKINGHAM DRIVE EDEN PRAIRIE MN 55347 38 07-117-23 22 0014 STEVEN RUCE & IRENE SILBER 4625 WEST BRANCH RD MOUND MN 55364 38 07-117-23 22 0015 ERIC R TRUSKOSKI BRIGETTE K HAMBLIN 4665 WEST BRANCH RD MOUND MN 55364 38 07-117-23 23 0021 CITY OF ORONO P O BOX 66 CRYSTAL BAY MN 55323 38 07-117-23 23 0022 CITY OF ORONO P O BOX 66 CRYSTAL BAY MN 55323 38 07-117-23 23 0023 CITY OF ORONO P O BOX 66 CRYSTAL BAY MN 55323 38 07-117-23 24 0011 ROBIN E WOOLEY & LORI WOOLEY 1080 WILDHURST TR MOUND MN 55364 38 07-117-23 24 0029 ANDREA J YANKOUPE 1085 WILDHURST TR MOUND MN 55364 38 07-117-23 24 0030 EILEEN M ROBERTS 1045 WILDHURST TRAIL MOUND MN 55364 38 07-117-23 24 0031 VIOLETTA KORABEL IGOR KORABEL 742 REGENCY LANE E HOPKINS MN 55343 38 07-117-23 24 0032 JACOB J GOERGEN APRIL L WILL 15675 DARLING PATH ROSEMOUNT MN 55068 38 07-117-23 24 0033 CITY OF ORONO P O BOX 66 CRYSTAL BAY MN 55323 38 07-117-23 24 0034 CITY OF ORONO P O BOX 66 CRYSTAL BAY MN 55323 38 07-117-23 24 0035 CITY OF ORONO P O BOX 66 CRYSTAL BAY MN 55323 38 07-117-23 24 0036 CITY OF ORONO ATTN CITY ADMINISTRATOR PO BOX 66 ORONO MN 55323 38 07-117-23 24 0045 ANA E & MATTHEW E CARTER 1006 WILDHURST TR MOUND MN 55364 38 07-117-23 24 0046 KENNETH C PETERSON 1074 WILDHURST TR MOUND MN 55364 He nn epin Co u n ty L oc ate & N o tify Map 0 200 400100 Feet Da te : 9/1 5/20 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 From:Brian Turbeville To:Melanie Curtis Subject:RE: LA22-000055 / 1003 Wildhurst Date:Thursday, November 17, 2022 2:36:13 PM Melanie, Thank you for your response. You have indicated twice that the file will be updated on Friday. I do not believe that the city is providing the public ample or reasonable time to access and review the file prior to the Monday’s council meeting and form any opinion either for or against the request. The City is intending to vote on whether it will give up its rights-of-way to a private party without providing any notice to the adjacent property owners or the public at large. I am also wondering if there are any building or re-construction permits or other land use permits for this property outside of the notice contained in the post card mailing? I request that the City continue this matter to a future council meeting and provide the members of the public adequate notice and an opportunity to review the proposal being submitted by a private property owner. Is this notification ample to accomplish that or how do we go about it? I also understand Matt Johnson sits on the city council. I am hopeful this matter will be considered and accessed in the same manor any other member of our community would be granted and cautious that a sitting council member does not grant favoritism. You mention providing you with comments or questions by the end of today. How can I do that by today if the file is not complete and I have no ability to review the facts or form an opinion? Even if the city provides the information tomorrow, that is not adequate time to review the information, consider whether the City is following proper procedures and form an opinion by Monday. At this point, I am not either for or against the proposal – the issue is that there has not been adequate notice and an opportunity for the public to review and form an opinion. Thanks Brian Brian Turbeville│President│Wallace Carlson Printing │office (952) 545-1645│fax (952) 546-8755│www.wc-print.com From: Melanie Curtis <MCurtis@ci.orono.mn.us> Sent: Tuesday, November 8, 2022 3:23 PM To: Brian Turbeville <Brian@wc-print.com> Subject: LA22-000055 / 1003 Wildhurst From:Melissa Munsch To:Melanie Curtis Cc:Melissa Munsch Subject:Feedback on 1003 Wildhurst Application for Proposed Vacation - To be presented at Nov 21st Planning Commission Meeting Date:Sunday, November 20, 2022 7:57:56 PM Hi Melanie, My name is Melissa Munsch and I'm the homeowner at 1001 Wildhurst Trail in Orono. I will be present at tomorrow's 6pm Planning Commission Meeting and am also sending my concerns to you via email so that you have my concerns documented. I have lived at 1001 Wildhurst Trail for almost 13 years. All of the unimproved right-of-ways the applicant is requesting to be vacated are visible from my front or back door and a 15 second walk from my home. I have not met the applicant nor know anything about him. He doesn't live at 1003 Wildhurst nor has he owned the property for more than a couple of months. This email documents why I oppose the applicant's request: I don't support the request because I don't have any information regarding the reasons for the request and how the applicant intends to utilize the land and right-of-ways. I don't support the request because I don't see how it benefits the public nor the existing Wildhurst neighborhood community. I don't support the request because the DNR does not support the request. I am extremely concerned that the Planning Commission has not acknowledged the concerns of the DNR in its summary statement. I don't support the request because I see no merit in one applicant achieving personal benefit at the sacrifice of the neighborhood and the public benefit. Why does this applicant have more rights than any other resident on Wildhurst? I don't support the request because I am concerned that the applicant is using a piecemeal approach to city approvals, which feels like an underhanded and secretive approach. The applicant is not making any attempt to provide full disclosure or transparency in his motives. I don't support the request because it prohibits public access from Saga Hill Park to the lake. I don't support the request because it prohibits public access to the channel, which is used by the public for fishing in the summer and snowmobiling, skiing, ice skating and walking on the ice in the winter. I don't support the request because the summary mentions there is an identified lake access point 1/4 south of the property on Forest Lake Landing. There is NO identified lake access point. This has been disputed by neighbors on Forest Lake Landing for years. There is NO identified or allowed lake access point on Forest Lake Landing. I don't support the request because vacation of ROW's will likely lead to a building of multiple homesites on this property. This will result in the removal of extensive trees which provide a home for flora and fauna. There are dozens of turkeys, deer, foxes, squirrels, and birds that make this property their home. The recent building of new homes on Wildhurst has decimated the tree population. Look at the new homes on 1025 and 1035 Wildhurst. The lot was cleared at 1025 Wildhurst within the last month for a new home. Eighty to ninety percent of the living trees on that property have been removed for the building of a new home. Trees that have been there for decades maybe hundreds of years. If you'd like to discuss my concerns, I'd be happy to do so. I can be reached at my cell, 612.749.0739. Please respond back that you've received this email. Thank you, Melissa Munsch From:Tony Stinar To:Melanie Curtis Cc:Alison Stinar Subject:Wildhurst - Vacation of Right of Ways Date:Monday, November 21, 2022 9:39:17 AM Hi Melanie, My name is Tony Stinar. My wife, Alison, and I live at 999 Wildhurst Trail with our two teenage sons. We are writing in response to a notice we received regarding the vacation of right of ways near our property (one is immediately adjacent to our property). We have received the packet of information from the city further detailing this request. It is difficult to assess exactly what the overall plan is here, but we are concerned with the impact of vacating these right of ways. We agree with the DNR and others that there doesn't appear to be any public benefit. The public would actually experience a loss from this lack of access, specifically the section that borders the lake/marsh. We are also concerned about potential future plans for this area (like the ones presented to the city in 2018) which could lead to, among other things, lack of public access, displacement of wildlife, and increased traffic/loss of rural setting. Without more information, we would oppose the vacation of these right of ways. Thank you for your consideration, Tony and Alison Stinar From:Scott Kirchner To:Melanie Curtis Subject:Fwd: November 21 Planning Commission Mtg Date:Saturday, November 19, 2022 12:50:28 PM Attachments:Wildhurst Vacation Request.docx Hi Melanie - I received this email from a community member. Although it doesn’t explicitly state his support or objection to the agenda item, I am forwarding it as a matter of public comment on the proposal. I did respond to him and advised him that although I will not be at the meeting, I would forward his email to you so it could be included in the packet as public comment. Thank you, Scott Kirchner Sent from my iPhone Begin forwarded message: From: Robert Howells <rob.howells1054@gmail.com> Date: November 19, 2022 at 13:21:38 EST To: bensonforcouncil@gmail.com Cc: kirchner.scott@gmail.com, jonressler@outlook.com Subject: November 21 Planning Commission Mtg Alicia, I am not sure this email address is still active, but I wanted to alert you to another upcoming potential concern over City property vacations. LA22-000050 relates to another proposed vacation of City property that has far reaching implications highlighted by the DNR impacting Forest Lake Bay in Orono, Minnesota. See excerpts from the letter sent to Melanie Curtis, Orono City Planner, drafted by the Department of Natural Resources date November 14, 2022. I am copying Planning Commissioners Scott Kirchner and Jon Ressler in the hope they seriously weigh the impact of of this vacation request. Thank You, Rob Howells Forest Lake Bay Resident LA22-000050 - 1003 Wildhurst Trail Vacation - Matt Johnson DNR Response M.S. 412.851 indicates, “No vacation shall be made unless it appears in the interest of the public to do so.” In response, “The commissioner must evaluate: (1) The proposed vacation and the public benefits to do so; (2) The present and potential use of the land for access to public waters; and (3) How the vacation would impact conservation of natural resources.” The DNR has reviewed the proposed vacation of the right-of-way, including portions of Hattie Place, Lafayette Avenue and Grandview Place adjacent to Forest Lake in the city of Orono, and we offer the following comments: The proposed vacation public benefit: There is nothing in the application/letter or survey that indicates a benefit to the public. Present and potential use of the land for access to public waters: As land use patterns change this right of way has potential for access to land and water that may be of vital importance in 50 to 100 years. Fluctuation in lake levels either seasonal or long term can be unpredictable and the city may find the right of way of the road invaluable for emergency access and property owner access during these events. We ask the city to consider this. City Engineer also does Not Support the request for vacation. From:Brian Turbeville To:Melanie Curtis Subject:RE: LA22-000055 / 1003 Wildhurst Date:Thursday, November 17, 2022 2:36:13 PM Melanie, Thank you for your response. You have indicated twice that the file will be updated on Friday. I do not believe that the city is providing the public ample or reasonable time to access and review the file prior to the Monday’s council meeting and form any opinion either for or against the request. The City is intending to vote on whether it will give up its rights-of-way to a private party without providing any notice to the adjacent property owners or the public at large. I am also wondering if there are any building or re-construction permits or other land use permits for this property outside of the notice contained in the post card mailing? I request that the City continue this matter to a future council meeting and provide the members of the public adequate notice and an opportunity to review the proposal being submitted by a private property owner. Is this notification ample to accomplish that or how do we go about it? I also understand Matt Johnson sits on the city council. I am hopeful this matter will be considered and accessed in the same manor any other member of our community would be granted and cautious that a sitting council member does not grant favoritism. You mention providing you with comments or questions by the end of today. How can I do that by today if the file is not complete and I have no ability to review the facts or form an opinion? Even if the city provides the information tomorrow, that is not adequate time to review the information, consider whether the City is following proper procedures and form an opinion by Monday. At this point, I am not either for or against the proposal – the issue is that there has not been adequate notice and an opportunity for the public to review and form an opinion. Thanks Brian Brian Turbeville│President│Wallace Carlson Printing │office (952) 545-1645│fax (952) 546-8755│www.wc-print.com From: Melanie Curtis <MCurtis@ci.orono.mn.us> Sent: Tuesday, November 8, 2022 3:23 PM To: Brian Turbeville <Brian@wc-print.com> Subject: LA22-000055 / 1003 Wildhurst From:Melissa Munsch To:Melanie Curtis Cc:Melissa Munsch Subject:Feedback on 1003 Wildhurst Application for Proposed Vacation - To be presented at Nov 21st Planning Commission Meeting Date:Sunday, November 20, 2022 7:57:56 PM Hi Melanie, My name is Melissa Munsch and I'm the homeowner at 1001 Wildhurst Trail in Orono. I will be present at tomorrow's 6pm Planning Commission Meeting and am also sending my concerns to you via email so that you have my concerns documented. I have lived at 1001 Wildhurst Trail for almost 13 years. All of the unimproved right-of-ways the applicant is requesting to be vacated are visible from my front or back door and a 15 second walk from my home. I have not met the applicant nor know anything about him. He doesn't live at 1003 Wildhurst nor has he owned the property for more than a couple of months. This email documents why I oppose the applicant's request: I don't support the request because I don't have any information regarding the reasons for the request and how the applicant intends to utilize the land and right-of-ways. I don't support the request because I don't see how it benefits the public nor the existing Wildhurst neighborhood community. I don't support the request because the DNR does not support the request. I am extremely concerned that the Planning Commission has not acknowledged the concerns of the DNR in its summary statement. I don't support the request because I see no merit in one applicant achieving personal benefit at the sacrifice of the neighborhood and the public benefit. Why does this applicant have more rights than any other resident on Wildhurst? I don't support the request because I am concerned that the applicant is using a piecemeal approach to city approvals, which feels like an underhanded and secretive approach. The applicant is not making any attempt to provide full disclosure or transparency in his motives. I don't support the request because it prohibits public access from Saga Hill Park to the lake. I don't support the request because it prohibits public access to the channel, which is used by the public for fishing in the summer and snowmobiling, skiing, ice skating and walking on the ice in the winter. I don't support the request because the summary mentions there is an identified lake access point 1/4 south of the property on Forest Lake Landing. There is NO identified lake access point. This has been disputed by neighbors on Forest Lake Landing for years. There is NO identified or allowed lake access point on Forest Lake Landing. I don't support the request because vacation of ROW's will likely lead to a building of multiple homesites on this property. This will result in the removal of extensive trees which provide a home for flora and fauna. There are dozens of turkeys, deer, foxes, squirrels, and birds that make this property their home. The recent building of new homes on Wildhurst has decimated the tree population. Look at the new homes on 1025 and 1035 Wildhurst. The lot was cleared at 1025 Wildhurst within the last month for a new home. Eighty to ninety percent of the living trees on that property have been removed for the building of a new home. Trees that have been there for decades maybe hundreds of years. If you'd like to discuss my concerns, I'd be happy to do so. I can be reached at my cell, 612.749.0739. Please respond back that you've received this email. Thank you, Melissa Munsch From:Tony Stinar To:Melanie Curtis Cc:Alison Stinar Subject:Wildhurst - Vacation of Right of Ways Date:Monday, November 21, 2022 9:39:17 AM Hi Melanie, My name is Tony Stinar. My wife, Alison, and I live at 999 Wildhurst Trail with our two teenage sons. We are writing in response to a notice we received regarding the vacation of right of ways near our property (one is immediately adjacent to our property). We have received the packet of information from the city further detailing this request. It is difficult to assess exactly what the overall plan is here, but we are concerned with the impact of vacating these right of ways. We agree with the DNR and others that there doesn't appear to be any public benefit. The public would actually experience a loss from this lack of access, specifically the section that borders the lake/marsh. We are also concerned about potential future plans for this area (like the ones presented to the city in 2018) which could lead to, among other things, lack of public access, displacement of wildlife, and increased traffic/loss of rural setting. Without more information, we would oppose the vacation of these right of ways. Thank you for your consideration, Tony and Alison Stinar From:Scott Kirchner To:Melanie Curtis Subject:Fwd: November 21 Planning Commission Mtg Date:Saturday, November 19, 2022 12:50:28 PM Attachments:Wildhurst Vacation Request.docx Hi Melanie - I received this email from a community member. Although it doesn’t explicitly state his support or objection to the agenda item, I am forwarding it as a matter of public comment on the proposal. I did respond to him and advised him that although I will not be at the meeting, I would forward his email to you so it could be included in the packet as public comment. Thank you, Scott Kirchner Sent from my iPhone Begin forwarded message: From: Robert Howells <rob.howells1054@gmail.com> Date: November 19, 2022 at 13:21:38 EST To: bensonforcouncil@gmail.com Cc: kirchner.scott@gmail.com, jonressler@outlook.com Subject: November 21 Planning Commission Mtg Alicia, I am not sure this email address is still active, but I wanted to alert you to another upcoming potential concern over City property vacations. LA22-000050 relates to another proposed vacation of City property that has far reaching implications highlighted by the DNR impacting Forest Lake Bay in Orono, Minnesota. See excerpts from the letter sent to Melanie Curtis, Orono City Planner, drafted by the Department of Natural Resources date November 14, 2022. I am copying Planning Commissioners Scott Kirchner and Jon Ressler in the hope they seriously weigh the impact of of this vacation request. Thank You, Rob Howells Forest Lake Bay Resident LA22-000050 - 1003 Wildhurst Trail Vacation - Matt Johnson DNR Response M.S. 412.851 indicates, “No vacation shall be made unless it appears in the interest of the public to do so.” In response, “The commissioner must evaluate: (1) The proposed vacation and the public benefits to do so; (2) The present and potential use of the land for access to public waters; and (3) How the vacation would impact conservation of natural resources.” The DNR has reviewed the proposed vacation of the right-of-way, including portions of Hattie Place, Lafayette Avenue and Grandview Place adjacent to Forest Lake in the city of Orono, and we offer the following comments: The proposed vacation public benefit: There is nothing in the application/letter or survey that indicates a benefit to the public. Present and potential use of the land for access to public waters: As land use patterns change this right of way has potential for access to land and water that may be of vital importance in 50 to 100 years. Fluctuation in lake levels either seasonal or long term can be unpredictable and the city may find the right of way of the road invaluable for emergency access and property owner access during these events. We ask the city to consider this. City Engineer also does Not Support the request for vacation. From:vita.birilova@gmail.com To:Melanie Curtis Subject:LA22-000055 / 1003 Wildhurst Date:Monday, November 21, 2022 2:13:24 PM > Hi Melanie, > > My name is Violetta Korabel. I'm the owner of the property at 1035 Wildhurst Trail. Unfortunately, I'm currently out of town and have not had enough time to review the proposal being discussed at the meeting today and also will not be back in time to attend the meeting. Based on my initial review, I am against granting the proposal to vacate the property/right of ways owned by the city and grant the request that was proposed by the new owner of 1003 Wildhurst Trail. One of the requirements stated in the city code is a need to realize benefit to the public for granting these types of requests. I don't see any benefit to the public or to the city of Orono as a result of granting the proposed request to vacate the right of ways. Also, I was not aware that the city owns a right of way that goes from the park on top of the hill down to the street/lake. I have seen people and bikers on many occasions coming down the hill from the park across my property/my backyard. I've had damage to my lawn and various plants from the bike tires. Vacating the right of way that goes from the park down to Wildhurst will further exacerbate this problem and will become a bigger nuisance and trespassing problem impacting me and my property. I am strongly against vacating the right of way and I would also like to request that the city install signs and clearly mark the city owned path/right of way that leads from the park down to Wildhurst Trail. Marking the path will reduce/eliminate trespassing by people coming down from the park and will allow the public better/clearer access to use the park. Please feel free to contact me if you have any questions or concerns related to my comments. > > Thank you for your time and consideration. > > Violetta Korabel > 612-805-6801 > > Sent from my iPhone From:Eileen R To:Melanie Curtis Subject:1003 Wildhurst Trail proposal Date:Monday, November 21, 2022 2:41:35 PM Good Afternoon Melanie, I'm the owner of the property at 1045 Wildhurst Trail. I have just learned of the proposal being discussed this evening. I have been in Florida helping with Hurricane recovery. After hearing what is being proposed by the new owner of 1003 Wildhurst trail I want to make it known, I am against granting the proposal to vacate the property/right of ways owned by the city. One of the requirements stated in the city code is a need to realize benefit to the public for granting these types of requests. I don't see any benefit to the public or to the city of Orono as a result of granting the proposed request to vacate the right of ways. Also, I was not aware that the city owns a right of way that goes from the park on top of the hill down to the street/lake. Vacating the right of way that goes from the park down to Wildhurst will create an issue of my property being used for access whiich I am in no way wanting! I am strongly against vacating the right of way and I would also like to request that the city install signs and clearly mark the city owned path/right of way that leads from the park down to Wildhurst Trail. Marking the path will reduce/eliminate trespassing by people coming down from the park and will allow the public better/clearer access to use the park. Please feel free to contact me if you have any questions or concerns related to my comments. Thank you, Eileen Roberts 763-218-7283 Get Outlook for iOS From:Tom Fleck To:Melanie Curtis Subject:RE: #LA22-000050, Matt Johnson, 1003 Wildhurst Trail Vacation Date:Monday, November 21, 2022 3:18:13 PM Attachments:image001.png image002.png image003.png Melanie, RE: #LA22-000050, Matt Johnson, 1003 Wildhurst Trail Vacation We are concerned about this request for the same reasons as the DNR. And, we’d like to request additional time to review the proposal and seek outside counsel. The proposal wasn’t available until Friday afternoon, and we’d like additional time to review the proposal and the potential benefit to the city for vacating the rights-of-way. Maybe tonight’s planning commission meeting will shed additional light. We will both be in attendance. Thank you, Laurie and Tom Fleck 995 Wildhurst Trail Tom Fleck President American Investors Bank and Mortgage 6385 Old Shady Oak Road, Suite 110 Eden Prairie, MN 55344 NMLS: 332216 tfleck@aibandm.com Phone 952-938-6520 Cell 612-618-8091 Fax 952-938-6507 This message and any attachments are solely for the intended recipient and may contain confidential or privileged information. If you are not the intended recipient, any disclosure, copying, use, or distribution of the information included in this message and any attachments is prohibited. If you have received this communication in error, please notify us by reply e-mail and immediately delete this message and any attachments. Thank you. SECURITY NOTICE: AIBM will never ask you to send non-public private information through e-mail, such as your PIN, Social Security numbers, or account numbers. Please do not respond to any e-mail requesting this type of From:Ann Turbeville To:Melanie Curtis Cc:Brian Turbeville Subject:LA22-000055 / 1003 Wildhurst Date:Monday, November 21, 2022 3:57:47 PM Attachments:image001.png image002.png image003.png image004.png image005.png Melanie, In reference to the planning commission meeting tonight, we want to have our opposition to this measure put into record. Brian & Ann Turbeville 997 Wildhurst Trail Our home is 50 feet from part of the proposed vacated property. Based on the limited amount we can learn in the 24 hours from release of the packet, we can’t tell what the committee is discussing? The information in the packet references a proposal from 2018. We must assume the same players (agent and developer) are asking for this variance for the development that was proposed back then. Even if that is not the case, vacating the property would have no benefit to the public. A single citizen would be the only beneficiary. There is no benefit to the public to approve any part of the release of easements. We have witnessed multiple families fishing from the banks at the end of the channel of Forest Lake Bay and removing the easement will eliminate their access to the lake. We have witnessed snowmobilers going down the channel and around the wetlands. Just a handful of years ago when the trails were more pronounced, they would snowmobile up the hill side, do a loop and return to the lake. In the winter we have witnessed people out walking their dogs and they go up the trails from the lake. Runners regularly run up the hillside cutting to Saga Hill Park and to find out through this action they had a right to do so. There is a city sign (may have been removed in the past month) facing Wildhurst Trail “Park Property” Where is the park property at Wildhurst Trail? Watershed off one of the highest points in Orono to the lake needs the runoff area to filter rainwater. The culvert in front of the property crossing Wildhurst Trail was a large point of contention when the road was re-done a few years ago. This area floods at any point of significant rain, making it impossible to walk from our home without getting wet. We request this area be addressed in any review of this proposal for this property. Thank you, Brian & Ann Turbeville Ann K Turbeville │CEO │office 952.545.1645 │ fax 952.546.8755 | www.wc-print.com 10825 Greenbrier Road, Minnetonka, MN 55305 Date Application Received: 09/14/2022 Date Application Considered as Complete: 10/27/2022 60-Day Review Period Expires: 12/26/2022 To: Chair McCutcheon and Planning Commission Members Adam Edwards, City Administrator From: Melanie Curtis, Planner mcc Date: 21 November 2022 Subject: #LA22-000051, Paul Taunton, 3600 Ivy Place, Variance: After-the-fact Public Hearing Background In September, the City received a complaint regarding a new parking area under construction at the subject property. Upon inspection staff confirmed that the property owner had installed an approximate 1,175 square foot paver parking area within the 75-foot setback connected to the existing driveway (highlighted in pink). When notified of the violation, rather than removing the added parking area, the applicant has requested an after-the-fact hardcover setback variance. At the end of October, the applicant submitted the requested as-built survey showing the newly installed driveway improvement for the after-the-fact variance application. Upon review for the after-the-fact driveway variance, staff noted two additional unpermitted patio improvements on the property: a newly constructed 500 square foot fire pit patio area on the north portion of the property, 43 feet from the OHWL (highlighted in orange); and a second 470 square foot fire pit patio area 50 feet from the OHWL on the east side of the home (highlighted in green). Throughout the summer of 2022, staff worked with the property owner on several compliance issues prior to completion of the home’s Application Summary: The applicant is requesting after-the-fact approval of variances for hardcover within the 75-foot setback. Staff Recommendation: Planning Department Staff recommends denial. FILE # LA22-000051 21 Nov 2022 Page 2 of 5 construction. At that time the property owner made unapproved changes to the landscaping plan for the project involving vegetation alterations, and expansion of the approved sand beach area; in addition, the property owner installed unapproved hardcover within the 75-foot setback. City staff coordinated with the MCWD and the owner to bring the property into compliance. The property owner was informed about the strict hardcover limitations within the 75-foot setback and the hardcover was removed. In July 2022, the final as-built survey and final site inspection for the new home showed the approved driveway installed and in compliance with the approved building permit. The recent hardcover expansions were installed after the resolution of the above-noted violations and after the building permit was closed. Practical Difficulties Analysis Applicant Submittal Information: The applicant has identified lot size and shape and safety as practical difficulties supporting the requested driveway variance. The applicant has not addressed the additional hardcover variances associated with the fire pit patio areas. 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: This is a newly created lot; the property was platted in 2018 under our current regulations. The plans submitted for the 2020 building permit for the home for the current owner provided the allowed driveway access permitted by the Code within the 75- foot setback. The home and driveway were designed to comply as much as feasible with the zoning codes. Staff does not find practical difficulty supporting any of the after-the-fact hardcover setback variances. LOT ANALYSIS WORKSHEET Section 78-350 & 78-1279 – Setbacks: The parking area is situated 31 feet from the OHWL where a 75-foot setback is required. Additionally, it exceeds the 8-foot permitted width of an allowed driveway encroachment within the 75-foot setback (Cite 78-1282). Two new patio areas have also been installed without permits, 43 feet and 50 feet from the OHWL (within the 75-foot setback) where patio hardcover is not permitted. Section 78-1680 and 78-1700 – Hardcover Calculations: The overall property hardcover is conforming at 16.7%, the new hardcover within the 75-foot setback brings the property out of conformance. Based on the submitted as-built calculations and the as-built survey, there is approximately 3,686 square feet of hardcover within the 75-foot setback. This calculation reflects 3,029 square feet of unapproved hardcover on the property. The building permit-approved hardcover level within the 75-foot setback was 657 square feet. Stormwater Overlay District Tier Total Area in Zone Allowed Hardcover Existing Hardcover Proposed Hardcover Tier 1 62,013 s.f. 15,503 s.f. (25 %) 7,660 s.f. (12.6%) 10,949 s.f. (16.7%) FILE # LA22-000051 21 Nov 2022 Page 3 of 5 Applicable Regulations: Hardcover Setback Variances (Sections 78-1282 & 78-1680) With few exceptions, hardcover is prohibited within the shore setback zone 75-feet from the OHWL of the lake. A driveway with a maximum width of 8 feet is permitted within the 75-foot setback if the property has no alternate access. Additionally, patios and other hard surface improvements are not permitted within the 75-foot setback. 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 variances for hardcover expansions within the 75-foot lake yard are not supported by practical difficulties. 75-foot lake yard hardcover and construction prohibitions are intended to maintain the natural lakeshore, increase infiltration opportunities, and encourage development away from the lake. The requested variances to expand the driveway hardcover and new patio areas within the 75-foot setback are not in harmony with the Ordinance. This criterion is not met. 2. The variance is consistent with the comprehensive plan. The variance to permit additional hardcover within the 75-foot setback is inconsistent with the Comprehensive Plan. The applicant has not identified necessary practical difficulties inherent to the land supporting their requests. The increase in hardcover within the protected 75-foot setback from the OHWL 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; Reasonable use of the Property is established with the existing principal structure including the minimal width access driveway. The request to permit an expansion of the driveway hardcover and to create two additional hardcover patio areas within the 75-foot lake setback is not reasonable. The proposal results in a 3,029 square foot increase of hardcover within the 75- foot setback and is not reasonable. The variance to install new hardcover areas FILE # LA22-000051 21 Nov 2022 Page 4 of 5 proposed within the 75-foot setback is inconsistent with the Comprehensive Plan. This criterion is not met. b. There are circumstances unique to the property not created by the landowner; The new home on the property was built in 2020-22 by the current owner. The driveway expansion and new patio areas were not included on the approved plans for the new home; no permits were obtained for the construction of the driveway or patios. The constructed expansions are not a right, are not necessary to preserve the existing home, and are not supported by practical difficulty; and c. The variance will not alter the essential character of the locality. The proposed variances reflect expansion of the impervious surface areas within the 75-foot setback and result in additional hardcover setback encroachments toward the lake which are out of character with the neighborhood. The new hardcover areas within the setback are not supported by practical difficulty and are inconsistent with the Comprehensive Plan. 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. A driveway exceeding 8-feet in width and additional patio hardcover are not allowed within the Shoreland Overlay 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. There are no obvious special conditions applying to the land which are unique, or support the requested hardcover setback variances. Beyond the existing home and location of the approved improvements on the property which was created by the Owner, the applicant has not identified special conditions to the land justifying the variance. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The Applicant has not identified conditions. This criteria is not met. 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 existing principal structure. The Code provides for the minimal driveway hardcover FILE # LA22-000051 21 Nov 2022 Page 5 of 5 necessary to access the property which was installed with the home construction. Expansion of an existing improvement or structure 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 would be 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 variances to increase driveway square footage, improve aesthetics, and increase outdoor living space near the OHWL are conveniences and are not supported by a demonstrable difficulty. The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Engineer Comments The City Engineer reviewed the as-built document provided. It does not appear that the parking pad encroaches into the drainage and utility easement covering the sanitary sewer and shoreline restoration area. Public Comments Other than the three individual complaints about the driveway installation, one neighbor comment has been received (Exhibit F). Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? 2. Does the Planning Commission find that the variance(s), if granted, will not alter the essential character of the neighborhood? 3. Does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested variance(s)? 4. Are there any other issues or concerns with this application? Planning Staff Recommendation Planning Staff recommends denial. The hardcover improvements (driveway parking area and patios) should be removed. List of Exhibits Exhibit A. Application & Narrative Exhibit B. Practical Difficulties Documentation Form Exhibit C. As-Built Survey 7/13/2022 New Home Construction Exhibit D. As-built Survey 10/27/2022 Hardcover Additions Exhibit E. Submitted Hardcover Calculations Exhibit F. Neighbor Comment RE: driveway Exhibit G. Property Owners List Exhibit H. Plat Map Land Use Application Summary Application Date:09/14/2022 Address:3600 Ivy PL Orono, MN 55391 Parcel Number:2011723420038 Land Use Number:LA22-000051 Application Submitted By:Property Owner Owner:Name: PAUL J TAUNTON Address: 9980 DEERBROOK DR CHANHASSEN MN 55317 Applicant:Name: Paul Tauton Company: Address: , ptaunton@impactgroup.us Contact Information:Associated Contact: Associated Contact: Associated Contact: Associated Contact: Project Description:Driveway Expansion/ Hardcover within 75 foot setback 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: PRACTICAL DIFFICULTIES DOCUMENTATION FORM LA22-000051 1. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter. Response: Correct 2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. Response: Correct, the request for a variance is due to the unique shape of the lot, Exceptional narrowness, and minimal access to the lot. 3. The variance, if granted, will not alter the essential character of the locality. Response: Correct 4. Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter. Response: N/A 5. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minnesota Statutes, Section 116J.06, Subd. 2, when in harmony with this Chapter. Response: N/A 6. The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not allowed under this Chapter for property in the zone where the affected person's land is located. Response: N/A 7. The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. Response: N/A 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. Response: Correct. The parcel had limited potential, caused by the setback variance. I believe the ability to back out of my driveway is a minimal privilege, already enjoyed by other neighboring property owners. To safely back out of my driveway without using my neighbor�?�?�?¢�? ¢â�?�š�?¬�?¢â�?�ž�?¢s lot is a fair request. 9. The conditions do not apply generally to other land or structures in the district in which said land is located. Response: No, not, that I am aware of. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Response: Correct, the minimal driveway that was originally approved is the direct cause of damage to my property, my neighbor�?�?�?¢�?¢â�?�š�?¬�?¢â�?�ž�? ¢s property and the wetland area between his dock and the road, which the 75' setback is in place to protect. 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: Correct, the granting of this proposed variance will increase the safety of my family, and all of my neighbors. Having to back out, many times the full length of our private road is extremely dangerous. You can not see cars coming down the hill towards the point or the people walking their pets along the road. This is of great concern now but will be even more so as the snow starts to accumulate. Cars coming down the steep hill towards the point will not be able to stop soon enough as cars are back out of my driveway. 12. The granting of such variance will not merely serve as a convenience to the applicant but is necessary to alleviate demonstrable difficulty. Response: The granting of this variance is necessary to alleviate the great difficulty felt by my family and many of my neighbors. The variance will also fulfill my neighbor's requests to stop parking up and down the road and along the dock wetland area. 22.21Most westerly corner of Lot1 0+ / -Tract BDivision LineORDINARYHIGH WATERN4 6 ° 5 5 ' 4 0 " E 2 2 5 . 6 7 N49°11'41"W 138.04N82°41'30"W44.78S47°27'59"W72.53S16°53'21"E 177.9712+/-20+/-26+/-4+/-10+/-5+/-45.00 N50°53'49"W 126.171 2+ / -S37°12'05"E 138.44Proposed Stromwater DetentionSystem per Civil Plans Prepared byCivil Site Group, dated 12-18-2018Water service shown per civil plansprepared by Civil Site Group, dated12-18-2018Ingress and Egress Easement shownper Easement Exhibit prepared by CivilSite Group, dated 5-6-2020No recording information has beenprovided for this easement ConstructionEntrance8.41.01.07.561.114.337.12.816.836.313.410.91.922.7 31.118.1 11.310.5 27.27.2 13.74.6 13.311.55.913.92 Story Lap Sided HouseAddress: 3600 Ivy PlFoundation Area: 5,291 +/- Sq. Ft.Building Height +/- 21.3 Ft.DockLAKE MINNETONKAWater Elevation On June 17, 2022 = 929.1 (NGVD 1929)OHW = 929.4 (NGVD 1929)Drainage and ShorelineEasement per Plat of IVY PLACEDrainage & Utility EasementPer Plat of IVY PLACE8" San.8" San.ColumnsOverhangOverhangConcrete WalkConcrete PatioConcreteWalkPaver DrivewayBituminousDrive LandscapingP.I.D - 2011723420040Address - 3570 Ivy Pl.Owner - R. Kocon and J. GibneyExisting HouseP.I.D - 2011723420038DESCRIPTION OF PROPERTY SURVEYEDLot 2, Block 1, IVY PLACE, Hennepin County, Minnesota.GENERAL SURVEY NOTES1.Bearings are based on the Hennepin County Coordinate System (1986 Adjustment).2.Elevations are based on the NGVD 29 Datum. Site Benchmark is MNDOT Geodetic Station BR 7180. Elevation =945.96 Feet.3.We have shown the location of utilities to the best of our ability based on observed evidence together with evidence from the following sources: plans obtained from utility companies, plans provided by client, markings by utility companies and other appropriate sources. We have used this information to develop a view of the underground utilities for this site. However, lacking excavation, the exact location of underground features cannot be accurately, completely and reliably depicted. Where additional or more detailed information is required, the client is advised that excavation may be necessary. Also, please note that seasonal conditions may inhibit our ability to visibly observe all the utilities located on the subject property.ALTA/NSPS LAND TITLE SURVEY NOTES(numbered per Table A)1.Monuments placed and/or found at all major corners of the boundary of the surveyed property as shown hereon.2.Site Address: 3600 Ivy Place, Orono, Minnesota 55391.3.This property is contained in Zone X (area determined to be outside the 0.2% annual chance floodplain) per Flood Insurance Rate Map, Community Panel No. 27053C0311F, effective date of November 4, 2016.4.The Gross land area is 62,013 +/- square feet or 1.423 +/- acres.6.The current Zoning for the subject property is LR1-C (One Family Lakeshore Residential) per the City of Orono's zoning map dated November 2018. The setback, height, and lotsize restrictions for said zoning designation were obtained from Section 78-350 found on their web site on the date of October 21, 2020 and are as follows:Lot Area: 0.5 Acre (Min.)Lot Width: 100 feet (Min.)Front Yard Setback: 30 feetSide Yard Setback: 10 feetSide Yard Setback Adjacent to street: 15 feetRear Yard Setback: 30 feetStructure Height (Max.): 30 feet.7.(a) Exterior dimensions of buildings at ground level as shown hereon.(b)(1) Square footage of exterior footprint of buildings at ground level as shown hereon.(c) Measured height of the buildings above grade as shown hereon.8.Substantial features observed in the process of conducting the fieldwork as shown hereon. Please note that seasonal conditions may inhibit our ability to visibly observed all sitefeatures located on the subject property.13.The names of the adjoining owners of the platted lands, as shown hereon, are based on information obtained from the Hennepin County GIS website.SURVEY REPORT1.This map and report was prepared without the benefit of a Commitment for Title Insurance. The property description shown hereon was obtained from Hennepin County tax recordsand may or may not be the legal description of record. There may be items of record of which we are unaware and thus are not shown hereon.ALTA CERTIFICATIONTo: Paul J. Taunton; and Denali Custom Homes:This is to certify that this map or plat and the survey on which it is based were made in accordance with the 2021 Minimum Standard Detail Requirements for ALTA/NSPS Land TitleSurveys, jointly established and adopted by ALTA and NSPS, and includes Items 1, 2, 3, 4, 6(a), 7(a), 7(b)(1), 7(c), 8, and 13 of Table A thereof.The fieldwork was completed on 06-17-2022.Dated this 23rd day of June, 2022.________________________________________________________Rory L. Synstelien Minnesota License No. 44565rory@civilsitegroup.comPROJECTPROJECT NO.:COPYRIGHT 2022 CIVIL SITE GROUP INC.cREVISION SUMMARYDATEDESCRIPTIONV1.0ALTA/NSPS LANDTITLE SURVEY7/13/2022Added Hardcover Table..........44565RORY L. SYNSTELIENLICENSE NO.DATEI HEREBY CERTIFY THAT THIS SURVEY,PLAN, OR REPORT WAS PREPARED BY MEOR UNDER MY DIRECT SUPERVISION ANDTHAT I AM A DULY LICENSED LANDSURVEYOR UNDER THE LAWS OF THESTATE OF MINNESOTA.6/23/2022CLIENT Civil Engineering Surveying Landscape Architecture 5000 Glenwood AvenueGolden Valley, MN 55422civilsitegroup.com 612-615-0060QA/QCFIELD CREWDRAWN BYREVIEWED BYUPDATED BYDPSWCJ.OVERHEAD UTILITIESGASMAINSANITARY SEWERSTORM SEWERFIBER/COMM. LINEELECTRIC LINE (RECORD)WATERMAINELECTRIC LINEGASMAIN (RECORD)CHAINLINK FENCELINELinetype & Symbol Legend CONCRETE SURFACEPAVER SURFACEBITUMINOUS SURFACEGRAVEL/LANDSCAPE SURFACEWOODEN FENCELINEGUARDRAILWATERMAIN (RECORD)SANITARY SEWER (RECORD)STORM SEWER (RECORD)FIBER/COMM. LINE (RECORD)TELEPHONE LINE (RECORD)TELEPHONE LINESIGNSANITARY MANHOLESTORM MANHOLECABLE TV BOXTELEPHONE MANHOLEELECTRIC TRANSFORMERTELEPHONE BOXTRAFFIC SIGNALGAS METERELECTRICAL METERWATER MANHOLEWATER VALVEAIR CONDITIONERBOLLARDCATCH BASINELECTRIC MANHOLEGAS VALVEFLAG POLEHANDICAP SYMBOLFOUND IRON MONUMENTHYDRANTCAST IRON MONUMENTSET IRON MONUMENTFLARED END SECTIONPOWER POLEUTILITY MANHOLEGUY WIRECONIFEROUS TREEDECIDUOUS TREEROOF DRAINSEWER CLEAN OUTFIRE CONNECTIONWELLUTILITY VAULTPOST INDICATOR VALVEGAS MANHOLEHAND HOLEFIBER/COMM. MANHOLEMAIL BOXFUEL TANKELECTRICAL OUTLETSBSOIL BORINGLIGHT POLEVICINITY MAPNLot 2, Block 1, IVY PLCE 3600 Ivy Place, Orono, Hennepin County, Minnesota 55391 18352 Minnetonak Boulevard, Deephaven , MN 55391 Denali Custom HomesN60153001530SCALE IN FEETHARDCOVER CALCULATIONS:Tier 1 (Max 25% of Gross Lot Area)House: 5,296 Sq. Ft.Drive: 1,681 Sq. Ft.Front Walk: 568 Sq. Ft.Patio: 1,009 Sq. Ft.Retaining Walls: 59 Sq. Ft.Total Hardcover: 8,613 Sq. Ft.Lot Area:62,013 Sq. Ft.Hardcover:13.89% R14'- 6" R25'-6 " 1 8 ' - 9 " 1 2 ' OUTE R INNE R R14'-6"R25'-6"1 8 ' - 9 " 1 2 'OUTERINNERTOR HNSCALE: TO SCALE WHEN PLOTTED ON 0 10 20 1" = 10' - 0" 24" X 36" 3600 IVY PLACE WAYZATA, MN 55391 R14'-6" R25'-6" 18 ' - 9 " 1 2 ' OUTER INNERR14'-6"R25'-6"1 8 ' - 9 " 1 2 'OUTERINNERTOR HNSCALE: TO SCALE WHEN PLOTTED ON 0 1632 1/16" = 1' - 0" 0 24" X 36" DRIVEWAY STUDY 3600 IVY PLACE WAYZATA, MN 55391 Paver DrivewayBituminous DrivePavers withFire Pit Rip-RapLandscaping LandscapingConcrete WalkwayConcrete WalkwayLandscaping Pavers withFire PitHot TubSaunaTwo Story HouseFoundation Area=5,064 SQ FT +/-PID: 201172340038Address: 3600 Ivy PlaceDockPID: 201172340040Address: 3570 Ivy PlOwner: R Kocon and J Gibney8" SANSan. Serv. (Per Rec)Wat. Serv.(Per Rec) 1 0 " P VCRip Rap8" SAN8" SANUnder Ground StormFiltration Chamber6" PVC6" Pvc6" PVC6" PVC6" PVC6" PVC6" PVC6" PVCStoneWallStoneWall79.7LAKEMINNETONKALAKEMINNETONKAEdge of WaterEdge of WaterEdge of WaterN50°53'49"W 126.17N49°11'41"W 138.04N82°41'30"W44.78S47°27'59"W 72.53S16°53'21"E 177.97S37°12'05"E 138.44As Measured Elevation on October 17th, 2022 = 927.4 (NGVD29)Ordinary High Water (OHW) = 929.4 (NGVD29)Highest Elevation on June 23rd, 2014 = 931.11 (NGVD29)Lowest Elevation on December 16th, 1937 = 921.78 (NGVD29)Benchmark = MNDOT Geodetic Station BR 7180, having an elevation of 945.959 (NGVD29)6" PvC1 8 2 . 4 1 D & U E a s em e n t P e r P l a t OverhangOverhang IrrigationControlIrrigationControlPumpSandy BeachSandy BeachOrdinary High Water(929.4)Ordinary High Water(929.4)D & U EasementPer Doc. No. T55398082.71.87.41.73.918.52.9 16.535.913.411.12.222.531.117.8 11.310.4 26.97.0 10.90.43.04.913.311.5 5.729.9S4 6 ° 5 5 ' 4 0 "W 2 5 9 . 2 + / -Ordinary High Water(929.4)Edge of WaterLake Shore as of Platof 2ND DIVISION OFSPRING PARK asShown on RLS NO. 477Tract B Division LineBoundary Line Shownper Edge of Water asShown on CASCOPOINT ADDITIONSurvey LineSurvey LineIVY PLACEDriveway Easement PerDoc. No. 5759508(A Public R/W)DESCRIPTION OF PROPERTY SURVEYEDLot 2, Block 1, Ivy PlaceGENERAL SURVEY NOTES1.Bearings are based on the Hennepin County Coordinate System (1986 Adjustment).2.Elevations are based on the NGVD 29 Datum. Site Benchmark is a sanitary manhole cover located approximately 98 northwesterly of the southerly most corner of the subjectproperty, as shown hereon. Elevation = 930.913.The Gross land area is 65,499 +/- square feet or 1.50 +/- acres.4.We have shown the location of utilities to the best of our ability based on observed evidence together with evidence from the following sources: plans obtained from utility companies, plans provided by client, markings by utility companies and other appropriate sources. We have used this information to develop a view of the underground utilities for this site. However, lacking excavation, the exact location of underground features cannot be accurately, completely and reliably depicted. Where additional or more detailed information is required, the client is advised that excavation may be necessary. Also, please note that seasonal conditions may inhibit our ability to visibly observe all the utilities located on the subject property.5. Site Address: 3600 Ivy Place, Orono, MN 55391.6.The names of the adjoining owners of the platted lands, as shown hereon, are based on information obtained from Hennepin County Property Map.VICINITY MAP3600 Ivy Place Orono, Hennepin County, Minneasota 55391 3600 Ivy Place, Orono, Minnesota 55391 Paul Taunton Jaime Wallis PROJECTPROJECT NO.: 17059.08COPYRIGHT 2022 CIVIL SITE GROUP INC.cREVISION SUMMARYDATEDESCRIPTIONV1.0AS-BUILT SURVEY............N44565RORY L. SYNSTELIENLICENSE NO.DATEI HEREBY CERTIFY THAT THIS SURVEY,PLAN, OR REPORT WAS PREPARED BY MEOR UNDER MY DIRECT SUPERVISION ANDTHAT I AM A DULY LICENSED LANDSURVEYOR UNDER THE LAWS OF THESTATE OF MINNESOTA.10-27-2022NCLIENT Civil Engineering Surveying Landscape Architecture 5000 Glenwood AvenueGolden Valley, MN 55422civilsitegroup.com 612-615-0060QA/QCFIELD CREWDRAWN BYREVIEWED BYUPDATED BYSWCFCJ.OVERHEAD UTILITIESGASMAINSANITARY SEWERSTORM SEWERFIBER/COMM. LINEELECTRIC LINE (RECORD)WATERMAINELECTRIC LINEGASMAIN (RECORD)CHAINLINK FENCELINELinetype & Symbol Legend CONCRETE SURFACEPAVER SURFACEBITUMINOUS SURFACEGRAVEL/LANDSCAPE SURFACEWOODEN FENCELINEGUARDRAILWATERMAIN (RECORD)SANITARY SEWER (RECORD)STORM SEWER (RECORD)FIBER/COMM. LINE (RECORD)TELEPHONE LINE (RECORD)TELEPHONE LINESIGNSANITARY MANHOLESTORM MANHOLECABLE TV BOXTELEPHONE MANHOLEELECTRIC TRANSFORMERTELEPHONE BOXTRAFFIC SIGNALGAS METERELECTRICAL METERWATER MANHOLEWATER VALVEAIR CONDITIONERBOLLARDCATCH BASINELECTRIC MANHOLEGAS VALVEFLAG POLEHANDICAP SYMBOLFOUND IRON MONUMENTHYDRANTCAST IRON MONUMENTSET IRON MONUMENTFLARED END SECTIONPOWER POLEUTILITY MANHOLEGUY WIRECONIFEROUS TREEDECIDUOUS TREEROOF DRAINSEWER CLEAN OUTFIRE CONNECTIONWELLUTILITY VAULTPOST INDICATOR VALVEGAS MANHOLEHAND HOLEFIBER/COMM. MANHOLEMAIL BOXFUEL TANKELECTRICAL OUTLETSBSOIL BORINGLIGHT POLE60153001530SCALE IN FEETHARDCOVER CALCULATIONS:Tier 1 (Max 25% of Gross Lot Area)House: 5,064 Sq. Ft.Drive: 2,873 Sq. Ft.Concrete Walks: 683 Sq. Ft.Paver Patios: 1,001 Sq. Ft.Retaining Walls: 237 Sq. Ft.Total Hardcover: 9,858 Sq. Ft.Lot Area:65,499 Sq. Ft.Hardcover: 15.0% Last Updated: January 2022 Note: This is an information sheet only, every effort has been made to insure the accuracy of the information contained herein; however, if any information is not consistent with provisions of the City Code, the Code provisions will prevail. Page 8 of 9 City of Orono Hardcover Calculation Worksheet Property Address: Prepared by: Date: Stormwater Quality Overlay District Tier: (Circle one) Tier 1 Tier 2 Tier 3 Tier 4 Tier 5 Step 1: EXISTING HARDCOVER In the following table identify all items of existing hardcover on the property, keyed by letter to site plan or survey (must accompany this form). Use as many lines as necessary to accurately depict existing hardcover status of the property. For Tier 1 properties, identify any features by letter which are split at the 75’ setback line and calculate hardcover square footage separately for each portion. Key to Survey Hardcover Item (Describe) Length x Width Total (Square Feet) (Example) (Garage) (24’ x 30’) (720 S.F.) A S.F. B S.F. C S.F. D S.F. E S.F. F S.F. G S.F. H S.F. I S.F. J S.F. K S.F. L S.F. M S.F. N S.F. O S.F. P S.F. Q S.F. R S.F. S S.F. T S.F. U S.F. V S.F. W S.F. X S.F. Y S.F. Z S.F. (1) Total Existing Hardcover S.F. Excludable Hardcover (See City Code Sec 78-1684): S.F. S.F. S.F. S.F. S.F. (2) Total Excludable Hardcover S.F. (3) Net Existing Hardcover [Subtract line (2) from line (1)] S.F. (4) Total Lot Area S.F. Proposed Hardcover Percentage [ (3) ÷ (4) ] % (Proposed Hardcover next page) Rusty Kocon & Jackie Gibney 3570 Ivy Place 38 20-117-23 31 0031 BENJAMIN M MAYER MEGHAN J HERMANN 2914 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 31 0032 MARY STEPHANIE POWELL 2916 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 31 0033 PAULA NUNES DIAS KANNE RYAN G KANNE 2920 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 31 0034 JONATHAN A MENTH 2930 CASCO POINT RD WAYZATA MN 55391 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 0040 JAMES W & PATRICIA DONGOSKE 3700 CASCO AVE WAYZATA MN 55391 38 20-117-23 31 0041 PETER M GRAFFUNDER 3630 CASCO AVE WAYZATA MN 55391 38 20-117-23 31 0042 JON DUK KIM & YOUNG HYI AN 4700 COVEY TR MEDINA MN 55340 38 20-117-23 31 0043 SUSAN C STIELOW HOME LLC 3660 FORT CHARLES DR NAPLES FL 34102 38 20-117-23 31 0072 MICHAEL D BARRETT 2912 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 31 0073 DANIEL CLEMENT PALMER CHELSEA TAYLOR PALMER 2918 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 42 0005 CITY OF ORONO PO BOX 66 CRYSTAL BAY MN 55323 38 20-117-23 42 0006 HENNEPIN FORFEITED LAND NOT FOR SALE/UNDER WATER IN LAKE MTKA 38 20-117-23 42 0016 WILLIAM S DAMPIER CLAUDIA DAMPIER 3550 IVY PL ORONO MN 55391 38 20-117-23 42 0017 DANIEL GREGOIRE 3160 S BARRINGTON AVE #101 LOS ANGELES CA 90066 38 20-117-23 42 0018 JEFFREY R LARSON HEATHER L MIDJE LARSON 3546 IVY PL WAYZATA MN 55391 38 20-117-23 42 0019 MICHAEL JOSEPH DREHER 3534 IVY PL WAYZATA MN 55391 38 20-117-23 42 0027 JAMES C WHITE TERA R WHITE 3560 IVY PL WAYZATA MN 55391 38 20-117-23 42 0033 JONATHAN P PAUL 3532 IVY PL WAYZATA MN 55391 38 20-117-23 42 0034 TONKA BAY DEVELOPMENT LLC 5413 MANITOU RD EXCELSIOR MN 55331 38 20-117-23 42 0035 SAMSON CYRIL DRENTLAW 3535 IVY PL WAYZATA MN 55391 38 20-117-23 42 0038 PAUL J TAUNTON 9980 DEERBROOK DR CHANHASSEN MN 55317 38 20-117-23 42 0040 RUSSELL KOCON JACQUELINE GIBNEY 3570 IVY PL ORONO MN 55391 He nn epin Co u n ty L oc ate & N o tify Map 360 0 Ivy Plac e 0 100 20050 Feet Da te : 9/1 5/20 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 Date Application Received: 10/17/2022 Date Application Considered as Complete: 10/20/2022 60-Day Review Period Expires: 12/19/2022 To: Chair Kirchner and Planning Commission Members Adam Edwards, City Administrator From: Natalie Nye, City Planner Date: November 21, 2022 Subject: #LA22-000054, David Charlez Designs, 3275 Carman Road, Variances, Public Hearing Background The property is situated within the LR-1B zoning district on a peninsula. The existing house on the property is completely situated within the Average Lakeshore Setback. The applicant is requesting a variance from the Average Lakeshore Setback in order to demolish the existing nonconforming house and construct a new single-family home in a similar footprint. All other zoning requirements such as hardcover and setbacks are met. Practical Difficulties Analysis Applicant Submittal Information: The applicant has identified the property’s unique location on a peninsula as the practical difficulty supporting the requested variance. The applicant states the lot is unbuildable due to the Average Lakeshore Setback because it eliminates a conforming building envelope for the parcel. 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: Staff agrees with the applicant’s arguments for practical difficulty due to the extreme ALS setback due to the peninsular lot. The proposed new house will be in a similar location to the existing house and will not create any new view obstructions for the neighbors. The current house on the property has a portion of the home and much of the deck and patio within the 75’ Lakeshore setback. The proposed house will fully comply with the 75’ Lakeshore setback requirements, bringing the house further into conformance. All other zoning requirements such as hardcover and height are also met. Staff supports the variance request. LOT ANALYSIS WORKSHEET Section 78-395 – Setbacks: DISTRICT LR-1B Required Existing Proposed Rear 30’ 85.2’ 51.1’ Side (North) 10’ 37.7’ 13.2’ Side (West) 10’ 19.1’ 12.7’ Lakeshore 75’ 73.8’ 75’ Average Lakeshore Entire House within ALS Application Summary: The applicant is requesting an Average Lakeshore Setback (ALS) variance to construct a new single-family home on the property. Staff Recommendation: Planning Department Staff recommends approval. FILE # LA22-000054 21 November 2022 Page 2 of 4 Section 78-395 – Lot Area/Width: DISTRICT LR-1B Lot Area Lot Width Required 43,560 s.f. (1 acre) 140’ Actual 44,347 s.f. (1.02 acres) 195’ @ OHWL 122’ @ 75’ The property has approximately 550’ of shoreline, however the lot width does not reflect that due to the location on a peninsula. Lot width is measured from point to point as required by the Code. Section 78-1403 – Structural Building Coverage: Total Lot Area Total Structural Coverage 44,347 s.f. (1.02 acres) Allowed: 8,874.8 s.f. (20%) Existing: 2,582 s.f. (5.8 %) Proposed: 4,030 s.f. (9.1 %) Section 78-1680 and 78-1700 – Hardcover Calculations: Stormwater Overlay District Tier Total Area in Zone Allowed Hardcover Existing Hardcover Proposed Hardcover Tier 1 44,347 s.f 11,086.8 s.f. (25 %) 4,946 s.f. (11.2%) 6,694 s.f. (15.1 %) The application did not exclude the retaining walls in their proposed hardcover calculations. The amended proposed hardcover is 6,694 (15.1%) not 7,533 (17%) as shown in the Exhibit G Applicable Regulations: Section 78-1279 (6) Average lakeshore setback. No principal or accessory building shall be located closer to the Ordinary High Water Line (OHWL) than the average distance from the shoreline of existing principal buildings on adjacent lots; This does not apply to patios and other accessory structures less than 42 inches above existing grade, and/or stairways, lifts, landings, lockboxes, flagpoles and pump houses. Further, the average lakeshore setback shall apply only to classified lakes and shall not apply to tributaries. The average lakeshore setback line shall be a straight line connecting the most lakeward protrusions of the principal buildings on the immediately adjacent lakeshore lots. The average lakeshore setback line is roughly 145’ back from the OHWL of Lake Minnetonka. The existing home is located entirely lakeward of the ALS. The proposed home will be built in a similar location and will maintain or improve the setback from the OHWL. 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. FILE # LA22-000054 21 November 2022 Page 3 of 4 The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. According to MN §462.357 Subd. 6(2) variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance. The applicant is proposing to construct a new single-family home on a residential lot which is consistent with the intent of the ordinance. The location of the property on a peninsula creates a unique situation where there is no conforming building envelope due to the extreme Average Lakeshore Setback . The requested variance is reasonable in order to construct a new house in a similar location to the existing house on the property. 2. The variance is consistent with the comprehensive plan. A new single-family residence in a residential zone which is consistent with the Comprehensive Plan. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The applicant is proposing to use the property in a reasonable manner with the construction of a new single-family home. The location of the property on a peninsula creates an extreme Average Lakeshore Setback. A variance from this setback requirement is necessary in order to have a buildable area. The location of the proposed house is similar to the location of the existing house and is generally consistent with the setback of homes in the neighborhood. b. There are circumstances unique to the property not created by the landowner; The location of the property on a peninsula is not the result of actions by the property owner; and c. The variance will not alter the essential character of the locality. The proposed location of the new house is consistent with the existing house on the property and the character of the neighborhood. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination. 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 17, when in harmony with Orono City Code Chapter 78. This condition is not applicable. 6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located. This condition is not applicable, as a residential home is an allowed use in the LR-1B District. 7. The board or council may permit as a variance the temporary use of a one-family dwelling as a two- family dwelling. This condition is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The land constraints are unique to the property which supports the requested variance. 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 lot on the peninsula does not generally apply to all other properties in the LR-1B zoning district. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. A variance from the Average Lakeshore Setback preserves the owners’ property right as it provides a reasonable buildable area where no building envelope exists. FILE # LA22-000054 21 November 2022 Page 4 of 4 11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. Granting of the requested variance would not impair health, safety, comfort or morals and would be in keeping with the intent of the zoning code. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The property does not have a building envelope due to the extreme ALS on the peninsula lot. Granting the requested variance is necessary for the construction of a new house where an existing house is currently. The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Public Comments The applicant has submitted acknowledgement forms from the adjacent property owners shown in Exhibit H. 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, 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 grant ing of the requested variance ? 4. Are there any other issues or concerns with this application? Planning Staff Recommendation Planning Staff recommends approval of the requested variance. List of Exhibits Exhibit A. Application Exhibit B. Practical Difficulties Documentation Form Exhibit C. Property Owner’s Narrative Exhibit D. Proposed Survey Exhibit E. Existing Survey Exhibit F. Proposed Plans and Elevations Exhibit G. Hardcover Calculations Exhibit H. Adjacent Property Owners Acknowledgement Forms Exhibit I. Property Owners List and Map Land Use Application Summary Application Date:10/17/2022 Address:3275 Carman RD Orono, MN 55331 Parcel Number:2011723140012 Land Use Number:LA22-000054 Application Submitted By:Agent on behalf of property owner Owner:Name: PETER AHN & SUSAN AHN Address: 3275 CARMAN RD EXCELSIOR MN 55331 Applicant:Name: David Zweber Company: David Charlez Designs Address: 18476 Kenrick Ave Lakeville, MN 55044 Dave@DavidCharlezDesigns.com Contact Information:Associated Contact: Associated Contact: John Kraemer john@jkandsons.com Associated Contact: Associated Contact: Project Description:Variance for lake setback (average of neighboring properties hardship due to peninsula/bay) 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: PRACTICAL DIFFICULTIES DOCUMENTATION FORM LA22-000054 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: Property owner is requesting a variance to the average lakeshore setback for the above- described property due to the unique peninsula / lagoon lot situation. Using the average lakeshore setback method, the subject property would be unbuildable. What is proposed will not change the views or enjoyment of the neighboring properties. 3. The variance, if granted, will not alter the essential character of the locality. Response: The property owner wishes to remove the existing non-conforming house and replace it with a new home that is very similar in size and setback to the existing conditions. The neighbors have review the proposed plans. The plans meet all other ordinances including impervious surface, lot coverage, height, ETC. 4. Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter. Response: N/A 5. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minnesota Statutes, Section 116J.06, Subd. 2, when in harmony with this Chapter. Response: N/A 6. The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not allowed under this Chapter for property in the zone where the affected person's land is located. Response: N/A 7. The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. Response: N/A 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. Response: N/A 9. The conditions do not apply generally to other land or structures in the district in which said land is located. Response: The conditions do not apply generally to other land or structures in the district in which said land is located. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Response: The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. 11. The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code. Response: The granting of the proposed 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 12. The granting of such variance will not merely serve as a convenience to the applicant but is necessary to alleviate demonstrable difficulty. Response: The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. Property Address: 3275 Carman Rd, Orono, MN Property Owner: Peter & Susan Ahn Agent / Applicant on Behalf of Owner: David Zweber – David Charlez Designs Builder: John Kraemer & Sons Property owner is requesting a variance to the average lakeshore setback for the above-described property due to the unique peninsula / lagoon lot situation. Using the average lakeshore setback method, the subject property would be unbuildable. The property owner wishes to remove the existing non-conforming house and replace it with a new home that is very similar in size and setback to the existing conditions. The neighbors have review the proposed plans. The plans meet all other ordinances including impervious surface, lot coverage, height, ETC. AHN RESIDENCEAugust 23, 2022 3275 CARMAN RD, ORONO, MN © DCD 2022A Concept plans only, subject to change without notice. Optional items may be shown for illustrative purposes only. Refer to builders specs for included features. Dimensions are rounded to the nearest six inches. Building materials, site conditions, landscaping, ETC may differ from what is shown. © David Charlez Designs 2022 AHN RESIDENCE ON CARMAN BAYTHE SHORES OF LAKE MINNETONKA AHN RESIDENCEAugust 23, 2022 3275 CARMAN RD, ORONO, MN © DCD 2022A Concept plans only, subject to change without notice. Optional items may be shown for illustrative purposes only. Refer to builders specs for included features. Dimensions are rounded to the nearest six inches. Building materials, site conditions, landscaping, ETC may differ from what is shown. © David Charlez Designs 2022 AHN RESIDENCE ON CARMAN BAYTHE SHORES OF LAKE MINNETONKA AHN RESIDENCEAugust 23, 2022 3275 CARMAN RD, ORONO, MN © DCD 2022A Concept plans only, subject to change without notice. Optional items may be shown for illustrative purposes only. Refer to builders specs for included features. Dimensions are rounded to the nearest six inches. Building materials, site conditions, landscaping, ETC may differ from what is shown. © David Charlez Designs 2022 AHN RESIDENCE ON CARMAN BAYTHE SHORES OF LAKE MINNETONKA AHN RESIDENCEAugust 23, 2022 3275 CARMAN RD, ORONO, MN © DCD 2022A Concept plans only, subject to change without notice. Optional items may be shown for illustrative purposes only. Refer to builders specs for included features. Dimensions are rounded to the nearest six inches. Building materials, site conditions, landscaping, ETC may differ from what is shown. © David Charlez Designs 2022 AHN RESIDENCE ON CARMAN BAYTHE SHORES OF LAKE MINNETONKA AHN RESIDENCEAugust 23, 2022 3275 CARMAN RD, ORONO, MN © DCD 202201A Concept plans only, subject to change without notice. Optional items may be shown for illustrative purposes only. Refer to builders specs for included features. Dimensions are rounded to the nearest six inches. Building materials, site conditions, landscaping, ETC may differ from what is shown. © David Charlez Designs 2022 AHN RESIDENCE ON CARMAN BAYTHE SHORES OF LAKE MINNETONKA FOYER18' X 7' COAT CLOSET STACKED W / D OFFICE10'-6" X 12' OPT. BUILT-IN DESK DBL. PKT. DRS. REAR FOYER9'-6" X 8' BENCH / DROP ZONE DOG EXIT GARDENING PREP AREA10' X 19'-6" 9'-0"16'-0"9'-0"26'-0"59'-0" FOUR CAR + GARAGE W.I.C. PWDR. RM. UP PREP / PANTRY9'-6" X 8' 36" FERMENTING 18" WINE 30" REF. 30" FRZ. 30" UPRIGHT FRZR. 60" RANGE DW DN 24" U.C. REF. DW KITCHEN16' X 18' 10' X 5' ISLAND DINING11' X 15' DBL. SD GAS F/P DBL. SD GAS F/P 60" PKT. DR. 36" PKT. DR. SOLARIUM13' X 13' OUTDOOR KITCHEN10' X 10' BLACKSTONEEGG BUILT-INGRILL12' SLIDING GLASS DR.12' SLIDING GLASS DR.DECK 16'-6"18'-6"22'-6" GREAT ROOM20' X 20' OWNER'S SUITE15' X 15' OWNER'S BATH15'-6" X 10'-6" LINEN 72" X 48" STEAM SHWR. HER W.I.C.8'-6" X 6'-6" HIS W.I.C.8'-6" X 6'-6" PORTICO GAS F/P AHN RESIDENCEAugust 23, 2022 3275 CARMAN RD, ORONO, MN © DCD 202202A Concept plans only, subject to change without notice. Optional items may be shown for illustrative purposes only. Refer to builders specs for included features. Dimensions are rounded to the nearest six inches. Building materials, site conditions, landscaping, ETC may differ from what is shown. © David Charlez Designs 2022 AHN RESIDENCE ON CARMAN BAYTHE SHORES OF LAKE MINNETONKA BONUS LOFT24'-6" X 28' OPT. BUILT-IN STORAGE OPT. BUILT-IN STORAGE 3/4 BATH DOWN AHN RESIDENCEAugust 23, 2022 3275 CARMAN RD, ORONO, MN © DCD 202203A Concept plans only, subject to change without notice. Optional items may be shown for illustrative purposes only. Refer to builders specs for included features. Dimensions are rounded to the nearest six inches. Building materials, site conditions, landscaping, ETC may differ from what is shown. © David Charlez Designs 2022 AHN RESIDENCE ON CARMAN BAYTHE SHORES OF LAKE MINNETONKA FAMILY / GAME RM.25' X 25' BDRM THREE14' X 12'-6" BDRM TWO12' X 14'-6" W.I.C.9'-6" X 5'-6" EN' SUITE LAUNDRY11' X 6'-6" EXERCISE RM.19' X 14' MECH. & STORAGE14'-6" X 30' DOG RM.9' X 8' DOG SHWR. LAKE BATH14' X 6'SAUNA6' X 9' HOT TUB COVERED / SCREENED PATIO EN' SUITE W.I.C. UP STORAGE BELOW LINEN CABINETGAS F/P AHN RESIDENCEAugust 23, 2022 3275 CARMAN RD, ORONO, MN © DCD 202204A Concept plans only, subject to change without notice. Optional items may be shown for illustrative purposes only. Refer to builders specs for included features. Dimensions are rounded to the nearest six inches. Building materials, site conditions, landscaping, ETC may differ from what is shown. © David Charlez Designs 2022 AHN RESIDENCE ON CARMAN BAYTHE SHORES OF LAKE MINNETONKA AHN RESIDENCEAugust 23, 2022 3275 CARMAN RD, ORONO, MN © DCD 202205A Concept plans only, subject to change without notice. Optional items may be shown for illustrative purposes only. Refer to builders specs for included features. Dimensions are rounded to the nearest six inches. Building materials, site conditions, landscaping, ETC may differ from what is shown. © David Charlez Designs 2022 AHN RESIDENCE ON CARMAN BAYTHE SHORES OF LAKE MINNETONKA Date: Tier 1 Tier 2 Tier 3 Tier 4 Tier 5 S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. % (Proposed Hardcover next page) This is an information packet regarding Hardcover. Every effort has been made to insure the accuracy of the information contrained herein; however, if any information is not consistent with City Code, the Code provisions will prevail. (3) Net Existing Hardcover [Subtract line (2) from line (1)]4,946.00 (4) Total Lot Area 44,347 Existing Hardcover Percentage [(3)+(4)]11.15% (2) Total Excludable Hardcover 874 Excludable Hardcover (See City Code Sec 78-1684): H Boulder Retaining Walls 868 I Keystone Retaining walls 6 Z (1) Total Existing Hardcover 5,820.00 X Y V W T U R S P Q N O L M J K H Boulder Retaining Walls 868 I Keystone Retaining walls 6 F Stone Steps 100 G Deck 336 D Concrete Walk & Stoop 71 E Concrete Patio 38 B Paver Driveway 1,653 C Paver Patio 166 (Example) (Garage) (24' x 30') (720 S.F.) A House & Garage 2,582 In the following table, identify all items of existing hardcover on the property, keyed by letter to Certificate of Survey (survey must accompany this form). Use as many lines as necessary to accurately depict existing hardcover status of the property. For Tier 1 properties, Identify any features by letter which are split at the 75' setback line and calculate hardcover square footage separately for each portion. Key to Survey Hardcover Item (Describe) Length x Width Total (Square Feet) SB Job Number: 100002-001 Prepared by: JRS Stormwater Quality Overlay District Tier: (Circle One) Step 1: EXISTING HARDCOVER City of Orono Hardcover Calculation Worksheet Property Address: 3275 Carman Road, Orono, MN 55331 Prepared By: Sathre-Bergquist 6/13/2022 Date: Tier 1 Tier 2 Tier 3 Tier 4 Tier 5 S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. % This is an information packet regarding Hardcover. Every effort has been made to insure the accuracy of the information contrained herein; however, if any information is not consistent with City Code, the Code provisions will prevail. (3) Net Proposed Hardcover [Subtract line (2) from line (1)]7533 (4) Total Lot Area 44,347 Proposed Hardcover Percentage [(3)+(4)]16.99% (2) Total Excludable Hardcover 0 Excludable Hardcover (See City Code Sec 78-1684): Z (1) Total Proposed Hardcover 7533 X Y V W T U R S P Q N O L M J Existing Keystone Retaining walls 6 K H Proposed Retaining Walls 38 I Existing Boulder Retaining Walls 795 F Proposed Deck 583 G Proposed Concrete Pad 18 D Proposed Portico 68 E Proposed Outdoor Kitchen 95 B Proposed Driveway 1,945 C Proposed Sidewalk 23 (Example) (Garage) (24' x 30') (720 S.F.) A Proposed House & Garage 3,962 In the following table, identify all items of Proposed hardcover on the property, keyed by letter to Certificate of Survey (survey must accompany this form). Use as many lines as necessary to accurately depict Proposed hardcover status of the property. For Tier 1 properties, Identify any features by letter which are split at the 75' setback line and calculate hardcover square footage separately for each portion. Key to Survey Hardcover Item (Describe) Length x Width Total (Square Feet) SB Job Number: 100002-001 Prepared by: JRS Stormwater Quality Overlay District Tier: (Circle One) Step 1: Proposed HARDCOVER City of Orono Hardcover Calculation Worksheet Property Address: 3275 Carman Road, Orono, MN 55331 Prepared By: Sathre-Bergquist 10/7/2022 He nn epin Co u n ty L oc ate & N o tify Map 327 5 C a rm an R o a d 0 200 400100 Feet Da te : 10 /18/2 022 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 RUN DATE: 10/18/2022 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM (PROPERTY OWNERS LIST)PAGE: 1 38 20-117-23 14 0007 MARK TAYLOR & MARY A TAYLOR 2697 KELLY AVE ORONO MN 55331 MARK TAYLOR & MARY A TAYLOR 2697 KELLY AVE EXCELSIOR MN 55331 38 20-117-23 14 0008 MARK D KIEPER TRUST ET AL 2695 KELLY AVE ORONO MN 55331 MARK & POLLY KIEPER 4965 GULF OF MEXICO DR LONGBOAT KEY FL 34228 38 20-117-23 14 0009 B W HOUCK & M A HOUCK 3225 CARMAN RD ORONO MN 55331 BENNETT W HOUCK MELISSA A HOUCK 3225 CARMAN RD EXCELSIOR MN 55331 38 20-117-23 14 0010 JON & KIRSTEN NIELSEN TRUST 3245 CARMAN RD ORONO MN 55331 JON S NIELSEN KIRSTEN R NIELSEN 3245 CARMAN RD EXCELSIOR MN 55331 38 20-117-23 14 0011 D M HECTOR & B K BOHN-HECTOR 3265 CARMAN RD ORONO MN 55331 D MARK HECTOR BONNIE K BOHN-HECTOR 3265 CARMAN RD EXCELSIOR MN 55331 38 20-117-23 14 0012 PETER AHN & SUSAN AHN 3275 CARMAN RD ORONO MN 55331 PETER AHN & SUSAN AHN 3275 CARMAN RD EXCELSIOR MN 55331 38 20-117-23 14 0013 L R MOLSATHER & L D SALLEE 3285 CARMAN RD ORONO MN 55331 L R MOLSATHER & L D SALLEE 3285 CARMAN RD EXCELSIOR MN 55331 38 20-117-23 14 0014 JAMES DIEBEL & DEVON DIEBEL 3295 CARMAN RD ORONO MN 55331 JAMES DIEBEL & DEVON DIEBEL 3295 CARMAN RD EXCELSIOR MN 55331 38 20-117-23 14 0015 J E NIELSEN & S J NIELSEN 3300 CARMAN RD ORONO MN 55331 JOAN E NIELSEN STEVEN J NIELSEN 3300 CARMAN RD EXCELSIOR MN 55331 38 20-117-23 14 0016 VILLAGE OF ORONO 38 ADDRESS UNASSIGNED ORONO MN 00000 CITY OF ORONO PO BOX 66 CRYSTAL BAY MN 55323 38 20-117-23 14 0017 MARILYN H MCCLASKEY 2693 KELLY AVE ORONO MN 55331 MARILYN H MCCLASKEY P O BOX 6 MINNETONKA BEACH MN 55361 38 20-117-23 14 0025 J W EUGSTER & C M EUGSTER 2655 KELLY AVE ORONO MN 55331 JACK EUGSTER/CAROL M EUGSTER 2655 KELLY AVE EXCELSIOR MN 55331 38 20-117-23 14 0026 ELLEN REDMOND REVOC TRUST 2625 KELLY AVE ORONO MN 55331 ELLEN REDMOND REVOC TRUST 2625 KELLY AVE EXCELSIOR MN 55331 38 21-117-23 23 0040 T R & W W STORLIE 2701 KELLY AVE ORONO MN 55331 TED R & WENDY WEIHE STORLIE 2701 KELLY AVE EXCELSIOR MN 55331 38 21-117-23 23 0041 C MORIN & T M SREPEL 2699 KELLY AVE ORONO MN 55331 CHARLES MORIN TANYA M SREPEL 2699 KELLY AVE EXCELSIOR MN 55331 38 21-117-23 23 0042 A J REHMAN & L A REHMAN 2703 WALTERS PORT LA ORONO MN 55331 ANTHONY JAY REHMAN LISA A REHMAN 2703 WALTERS PORT LA EXCELSIOR MN 55331 38 21-117-23 23 0043 R F CROSBY II & P L CROSBY 2705 WALTERS PORT LA ORONO MN 55331 PATRICIA/RICHARD CROSBY II 2705 WALTERS PORT LA EXCELSIOR MN 55331 38 21-117-23 23 0044 W J & S J KEEGAN 2707 WALTERS PORT LA ORONO MN 55331 WILLIAM J & SANDRA J KEEGAN 2707 WALTERS PORT LA EXCELSIOR MN 55331 38 21-117-23 23 0046 W M DUNKLEY & S K DUNKLEY 38 ADDRESS UNASSIGNED ORONO MN 00000 WILLIAM M & SUSAN K DUNKLEY 3405 ANNAPOLIS LA N #100 PLYMOUTH MN 55447 38 21-117-23 23 0047 ANDREW J MCDERMOTT III 38 ADDRESS UNASSIGNED ORONO MN 00000 ANDREW J MCDERMOTT III 2702 WALTERS PORT LA EXCELSIOR MN 55331 38 21-117-23 23 0048 ENVIRONMENTAL PLANNING INC 38 ADDRESS UNASSIGNED ORONO MN 00000 ENVIRONMENTAL PLANNING INC 4910 IDS CENTER MPLS MN 55402 38 21-117-23 23 0049 C MORIN & T M SREPEL 38 ADDRESS UNASSIGNED ORONO MN 00000 CHARLES MORIN TANYA M SREPEL 2699 KELLY AVE ORONO MN 55331 38 21-117-23 23 0063 W M DUNKLEY & S K DUNKLEY 2709 WALTERS PORT LA ORONO MN 00000 WILLIAM M DUNKLEY SUSAN K DUNKLEY 2709 WALTERS PORT LA EXCELSIOR MN 55331 38 21-117-23 23 0064 E VOGSTROM & E VOGSTROM 2710 PENCE LA ORONO MN 00000 ERIC VOGSTROM ELIZABETH VOGSTROM 2710 PENCE LA EXCELSIOR MN 55331 Hennepin County has developed electronic forms of certain property information databases. Hennepin County makes reasonable efforts to produce and publish the most current property information available. The viewer should understand, however, that Hennepin County makes no representation or warranties, either express or implied, or as to merchantability or fitness for a particular purpose regarding the accuracy and/or completeness of the information contained herein. Date Application Received: 10/19/22 Date Application Considered as Complete: 10/27/2022 60-Day Review Period Expires: 12/26/2022 To: Chair McCutcheon and Planning Commission Members Adam Edwards, City Administrator From: Melanie Curtis, Planner mcc Date: Meeting Date Subject: #LA22-000055, Eskuche Design o/b/o Travis & Sara Wildenberg, 3838 Cherry Ave, Variances Public Hearing Background The existing home on the property is situated almost entirely lakeward of the 75-foot setback line; most of the home is also within the average lakeshore setback. The applicant, representing new owners of the property, has requested 75-foot lake setback, average lakeshore setback, and hardcover variances in order to do a major home renovation including footprint and second floor additions. Practical Difficulties Analysis Applicant Submittal Information: The applicant has not clearly identified practical difficulties supporting the requested variances. They have provided brief responses to the Practical Difficulty criteria in the application, attached as Exhibit B. They should be asked for additional testimony regarding the application. Planning Staff Practical Difficulty Analysis: Staff finds the location of the existing improvements (within the average lakeshore setback and 75-foot lake setback) do impede opportunities for constructing conforming any additions, height, or footprint changes to the home. However, the applicant’s proposal to expand the nonconformities within the average lakeshore setback and 75-foot setback may not be reasonable. Application Summary: The applicant is requesting lake setback, average lakeshore setback, and hardcover variances in order to construct additions to the existing home. Staff Recommendation: Planning Department Staff recommends denial. FILE #LA22-000055 21 Nov 2022 Page 2 of 6 The proposed improvements increase the mass of the existing home within the setbacks, further increasing the negative massing impacts from development within the protected shore setback zone. Although variances would still be required, additions to the footprint or expansions of the existing mass should be contemplated further from the lake. The increase of mass within the setbacks is not supported by practical difficulties. LOT ANALYSIS WORKSHEET Section 78-350 & 78-1279 – Setbacks: LR-1C District Required Existing Proposed Rear/Street 30’ 134’ 110’ East Side 10’ 13.4’ 13.4’ West Side 10’ 10.6’ 10.6’ Lakeshore 75’ Deck -7’ House 20’ No Change Average Lakeshore The majority of the existing home is lakeward of the average lakeshore setback line. Section 78-350 – Lot Area/Width: LR-1C District Lot Area Lot Width Required 21,780 s.f. (0.5 acres) 100’ Actual 22,592 s.f. (0.51acre) 100’ @ 75’ / 100’ @ OHWL Section 78-1403 – Structural Building Coverage: Total Lot Area Total Structural Coverage 22,592 s.f. (0.52 acre) Allowed: 4,518 s.f. (20%) Existing: 3,427 s.f. (15%) Proposed: 4,267 s.f. (18.8%)* *approximately 3,100 s.f. building footprint is within the 75’ setback Section 78-1680 and 78-1700 – Hardcover Calculations: Stormwater Overlay District Tier Total Area in Zone Allowed Hardcover Existing Hardcover Proposed Hardcover Tier 1 22,592 s.f. 5,648 s.f. (25 %) 7,655 s.f. (33.9%) 7,431 s.f. * (32.9%) *approximately 4,400 s.f. of hardcover is within the 75-foot setback Applicable Regulations: Average Lakeshore & 75-foot Lake Setback Variances (Section 78-1279) The majority of the existing single story home is situated lakeward of the average lakeshore and 75-foot lake setbacks. The lake side deck projects over the OHWL and the lake. The applicant is proposing to increase the ceiling height in the entire main level, reflected in the approximate 2 foot roof height expansion (see Exhibit F). They are proposing to add a 2nd story over the western portion of home increasing the overall height by 13 feet plus chimneys. The 2nd story addition was pushed to the west side of the property as the home at 3852 Cherry Avenue to the west is situated closer to the western side of that property, see Exhibit H. FILE #LA22-000055 21 Nov 2022 Page 3 of 6 There are four areas of footprint expansion proposed, shown in yellow on Exhibit E, the largest addition is a 22’x 26.5’ garage addition on the rear. This addition meets the required setbacks. The three other footprint expansions include the covered porch entry and 6.5’x 9’ addition on the street side of the home 60-feet from the OHWL; a small addition on the west side of the home 48-feet from the OHWL; and a small chimney addition on the lakeside of the home. The chimney is approximately 13-feet taller than the existing roof height and will be 18 feet from the lake. Hardcover Variance (Section 78-1680 & 78-1700) The property currently has 33.9% hardcover where 25% is permitted. The majority of the hardcover is located within the 75-foot setback from the OHWL where, according to City Code Section 78-1680, very limited amounts of hardcover are permitted (stairs, landings, lockboxes, etc.). The applicant is showing some new areas of hardcover and is proposing to remove 224 square feet of total hardcover resulting in 32.9% hardcover. Some of the existing non-structural hardcover surfaces are proposed to become building footprint – the garage addition and the proposed stair addition next to the front stoop for example. A variance is required to change the nature of nonconforming hardcover from non-structural to structural when the property is out of conformance with the hardcover limitation. 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 variances for expansion of non-conforming building within the average lake setback and the 75-foot lake yard setback are not supported by practical difficulties. 75-foot lake yard construction prohibitions are intended to maintain the natural lakeshore and encourage development away from the lake. Additionally, the goals of the average lakeshore setback requirement include protecting views from land to the lake, the requested variances to expand the volume of the existing home are not in harmony with the Ordinance. The additional mass of the 2nd story, chimneys, and roof areas within the setbacks result in an increase of the building height closer to the lake than existing and may negatively impact the views into the property from the lake. The new hardcover and reorientation of existing hardcover to create a new patio and sidewalk within the 75-foot lake setback are not in harmony with the Ordinance. This criterion is not met. 2. The variance is consistent with the comprehensive plan. The variances resulting in modifications to the existing home with a volume expansion and minor footprint expansions within the setbacks in a residential zone are inconsistent with the Comprehensive Plan. The applicant has FILE #LA22-000055 21 Nov 2022 Page 4 of 6 not identified necessary practical difficulties inherent to the land supporting their requests. The increase in structural massing within the setbacks in such close proximity to the OHWL 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; Reasonable use of the Property is established with the existing principal structure. The request to permit expansion of the home lakeward of the average lakeshore setback and within the 75-foot lake setback is not reasonable. The proposal results in an increase of building mass within the 0-75’ and average lakeshore setback areas are not reasonable. Additionally the variance to install new hardcover areas proposed within the 75-foot setback is inconsistent with the Comprehensive Plan. This criterion is not met. b. There are circumstances unique to the property not created by the landowner; The existing house was not build by the current owners. However, this is not justification necessary support the new encroachments into the average lakeshore setback or the lake yard. While the home was not originally constructed by the current owners, they have a right to keep and even re-build the home in-kind. The constructed expansions are not a right, are not necessary to preserve the existing home, and are not supported by practical difficulty; and c. The variance will not alter the essential character of the locality. The proposed variances reflect expansion of the footprint and the volume of the home and result in additional encroachment into the setbacks toward the lake, all of which are out of character with the neighborhood. The home expansions and new hardcover areas within the setback areas are not supported by practical difficulty and are inconsistent with the Comprehensive Plan. 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. There are no obvious special conditions applying to the structure or the land which are unique, or support the requested variances. Beyond the existing FILE #LA22-000055 21 Nov 2022 Page 5 of 6 nonconforming home location, the Applicant has not identified special conditions to the structure or land justifying the variance. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The Applicant has not identified conditions. This criteria is not met. 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 existing principal structure which may be rebuilt. The home is allowed to be maintained and replaced in kind. Expansion of an existing non-conforming building or structure 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 will not adversely impact health, safety, comfort, or morals; the Commission should determine whether the expansions negate the goals of the code in relation to views into, and out of the property, and hardcover limitations. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The variances provide an increase of home square footage, improved aesthetic, and outdoor living space near the OHWL which could be considered conveniences. The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Public Comments The applicant has provided acknowledgement forms from the neighbors on either side of the subject property. However, 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 The proposed project scope appears to approach a complete rebuild. The applicant is able to construct a home or additions to the existing home in a more conforming location. It is possible to recapture some of the existing home footprint area in the 75-foot setback for new outdoor living space. Having found no substantial practical difficulties supporting the applicant’s request, Planning Staff recommends denial of the application as proposed. List of Exhibits Exhibit A. Application FILE #LA22-000055 21 Nov 2022 Page 6 of 6 Exhibit B. Practical Difficulties Documentation Form Exhibit C. Proposed Survey Exhibit D. Proposed Plans and Elevations Exhibit E. Staff Annotated Proposed Survey Exhibit F. Staff Annotated Proposed Plans Exhibit G. Submitted Hardcover Calculations Exhibit H. Aerial Photos Exhibit I. Property Owners List & Acknowledgement Form Exhibit J. Plat Map Land Use Application Summary Application Date:10/19/2022 Address:3838 Cherry AVE Orono, MN 55364 Parcel Number:0811723330003 Land Use Number:LA22-000055 Application Submitted By:Agent on behalf of property owner Owner:Name: Travis & Sara Wildenberg Address: 1421 North Arm Drive Mound, MN 55364 Applicant:Name: Peter Eskuche Company: Eskuche Design Address: 18318 MInnetonka Blvd Deephaven, MN 55391 peter@eskuche.us Contact Information:Associated Contact: John Daly John@revisionmn.com Associated Contact: Peter Eskuche peter@eskuche.us Associated Contact: Associated Contact: Project Description:Addition/Remodel 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: 3838 Cherry Ave Road. Variance Application Request Description of Request: 1. Request of lakeside setback and hardcover. Background/ Current Condition: We are seeking to renovate the existing residential home structure at 3838 Cherry Ave Road. The original structure was built in the 1960 and is a legally nonconforming structure to the current zoning requirements on the lakeshore setback. The proposed design changes the shape of structure triggers a variance request due to the existing location of the structure on the property. We are seeking to preserve this structure and make improvements through a renovation in the design, layout, and architectural interest of the home. We have been walking past 3838 Cherry Ave since we moved into our current home nearby in 2015. We were drawn to the unique architecture and the location on the lot as well as the fact that it is on a dead-end street which would be perfect for raising our three children. It also happens to be just down the street from several of our children's friends in a neighborhood that we have desired to live in and located in the Mound Westonka School District which we have become engaged in the community of with our children. We have worked over the past two years (2020 to 2022) to acquire and purchase the home from the previous Owner. The home has not been in full occupancy for the past seven years and has had a lot of unfinished work performed, neglect to structure with maintenance and repairs, and neglect to the landscape of the property leaving it an eye sore for the adjoining neighbors. Most notably, the home has had significant roofing issues causing water infiltration that as neglected over that time. As new owners we are committed to making improvements to both the structure and the landscaping of the home. We are seeking to make the improvements to the property as well expand the existing structure or the home to work for our growing family. Over the past months we have explored multiple options for the design and layout of this home. Our goals are to try and seek a solution to renovate the existing structure and expand the structure to gain the needed space for our family. We have worked with the goals to meet the constraints from the zoning requirements and the goal to be considerate of the impact to our adjoining neighbors. We find this proposed plan to be the complementary to these goals. The structure of the home is one of the more unique structures in location to lake in Orono. It is unique that it currently 23.4 ft from the OHW with a deck structure that cantilevers out of over the shoreline. Because the house is deep into the property, the current hardcover of the property is 33.88% which is mostly related to a long driveway connecting the home to the street. The current house is a single-story rambler with no basement because of the location in proximity to the water. Action for Request: A. Lakeside Yard Setback The current structure of the foundation of the home is of is 23.4 ft from the OHW. The deck structure is current -4.5 ft from the OHW. We are seeking to expand the massing of the current structure at 23.4 ft off of the OHW with a 2nd floor addition over the Main level. The addition is designed over the middle and of the home and expand towards the street over the existing garage. There is also an expansion for a chimney structure on the lakeside. The addition of the 2nd floor allows for the use of Secondary Bedrooms and a Family Room space that would be typically planned in the Lower level. The change in massing of the structure and the intent of the design was to keep the addition in the middle of the property and structure as much as possible so that it had minimal impact to the neighboring property owners sight lines. The structure has also been designed with a flat roof to minimize the impact to the overall massing. This home with a pitched roof as a single story would have similar perceived massing elements. Impervious Surface Coverage Variance Request: The current property has a hardcover of 33.88%. We are requesting for a variance of a proposed hardcover of 32.8% by reducing from the current by 1%. We are proposing to bring the property closer to meet the zoning requirements. This proposed property is legally non- conforming, and we have designed areas to reduce hardcover with narrow walkways and removal of existing hardcover to minimize the overall impact. The long driveway into the property and sidewalk to the front door create a practical difficulty of the property to meet the zoning standards to comply with the hardcover requirements. We also analyzed in the design process we explored the option to expand the footprint of the home on the main level towards the street side for the bedroom expansion. This would be an option to work with in the buildable footprint of the lot but would have dramatically increase the hardcover calculations. Be expanding over the existing structure with the 2nd floor we have worked to minimize the impact of hardcover on the property. Questionnaire of Practical Difficulties: 1. The variance is in harmony with the general intent and purpose of the ordinance – The home will continue the use of a residential use. We will be using this property as our family home. (Three children; Will 7yr, Sam 5yr, Paige 3yr) 2. The variance is consistent with the comprehensive plan – The variance we are applying for is repurposing the hardcover and reducing the current percentage of impervious surface and improving access to the lake. We also plan to improve the current shoreline to be consistent with DNR recommendations as currently the lakeshore is in poor condition. We also are seeking to renovate a 2-story home with flat roofs to minimize impact to the overall massing. 3. the applicant establishes there are practical difficulties - The property owner proposes to use the property in a reasonable manner not permitted by the official controls – YES, we plan to raise our family in this home and contribute to our community and local school district. - There are circumstances unique to the property not created by the landowner – YES, The location of the footprint is of the structure built in 1970s was allowed to be built in an area that close to the OHW. This house also does not have a lower level and only consist of a one-story structure that requires variance to expand in any matter of massing or expansion with new footprint. This is a unique circumstance for the city of Orono and not consistent with other surrounding properties in the area. The home has been vacant for many years and has been a challenge to work with for all the previous Owners. The updates/remodel we proposed will improve both the function and the aesthetic of the home significantly without imposing on our neighbors. We have discussed and reviewed the plans with our adjacent neighbors who support the design. - The special conditions applying to the structure or land in question are peculiar to such property: YES, this is one of the most unique existing structures in the city. We are looking to have support in our design and the project to create a home that we can enjoy and raise our family. We are not looking to set a precedent with this request and understand the uniqueness of what we are asking for. - the granting of the application is necessary for the preservation and enjoyment of a substantiation property right of the applicant: YES, we are looking to keep the structure of the home which minimizes other environmental preservation to the lakeshore with a full removal of the structure. With the addition of the 2nd floor we will be able to accommodate the space needed for a family of five. Thank you for your consideration and review of this request and application. C. Lakeshore Setback D. Allowable Encroachments for Life Safety Measures QUESTIONS OF THE APPLICATION: The information provided by the applicant will be used in determining whether to approve or deny the request. 1) The variance is in harmony with the general purpose and intent of Chapter Two, City Code of Ordinances : The variance is in harmony with the general purpose and intent. We are renovating an existing legally nonconforming structure and seeking to improve and/or maintain the current legal nonconformity of the structure. The intent and use of the property remains the same as a single-family structure. 2) The variance is consistent with the Comprehensive Plan and will not alter the essential character of the locality? Yes, the variance is consistent with the current Comprehensive plan. 3) State the practical difficulties in complying with the standards contained in Chapter Two, including but not limited to inadequate access to direct sunlight for solar energy systems. The property was originally built to meet the zoning requirements at the time of construction. As changes in the city have been made, the structure no longer meets the current zoning requirements. We are seeking to comply with the standards and maintain reasonable use of the property. We are doing this by reducing massing and legal nonconformity in some parts of the structure while maintaining legal nonconformity in the remaining parts of the structure. 4) State how the applicant proposes to use the property in a reasonable manner not permitted by the standards contained in Chapter Two: The property is to be used as a single-family home as it was intended. 5) The plight of the applicant is due to circumstances unique to the property and not created by the landowner The structure was built when the zoning code allowed it to be built as it is today. The property owners did not change the zoning requirements, therefore making it legally nonconforming today. 6) Address how economic considerations alone do not constitute practical difficulties The current structure and care of the home had been deferred for years prior to the property owners purchasing it. Improvements are being made to improve the current structure and correct the design flaws that it has for the function of the home and how it works today. PRACTICAL DIFFICULTIES DOCUMENTATION FORM LA22-000055 1. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter. Response: yes 2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. Response: yes 3. The variance, if granted, will not alter the essential character of the locality. Response: yes, it will not alter the essential character of 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: n/a 5. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minnesota Statutes, Section 116J.06, Subd. 2, when in harmony with this Chapter. Response: n/a 6. The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not allowed under this Chapter for property in the zone where the affected person's land is located. Response: n/a 7. The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. Response: n/a 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. Response: yes 9. The conditions do not apply generally to other land or structures in the district in which said land is located. Response: yes 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Response: yes 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: yes, it will not impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code 12. The granting of such variance will not merely serve as a convenience to the applicant but is necessary to alleviate demonstrable difficulty. Response: yes, it is necessary to alleviate demonstrable difficulty Lake MinnetonkaCherry Lane# 42379LICENSE NO.Thomas M. BloomDATES1OCTOBER 27, 2022Minnetonka, Minnesota 55345Phone (952) 474-796417917 Highway 7Web: www.advsur.comAdvanceSurveying & Engineering, Co.CLIENT NAME / JOB ADDRESSSHEET TITLEPROPOSED SURVEYSHEET NO.SHEET 1 OF 1DRAWING ORIENTATION & SCALE40200222063 JRDRAWING NUMBERDATE DRAFTED:DATE SURVEYED:SEPTEMBER 14, 2022OCTOBER 27, 2022LEGENDSHEET SIZE17 X 22SCALE - 1" = 20'LEGAL DESCRIPTION:Lots 8 and 9, Block 3, CRYSTAL BAY VIEW, Hennepin County, Minnesota.SCOPE OF WORK & LIMITATIONS:1.Showing the length and direction of boundary lines of the legal description listedabove. The scope of our services does not include determining what you own,which is a legal matter. Please check the legal description with your records orconsult with competent legal counsel, if necessary, to make sure that it is correctand that any matters of record, such as easements, that you wish to be included onthe survey have been shown.2.Showing the location of observed existing improvements we deem necessary for thesurvey.3.Setting survey markers or verifying existing survey markers to establish the cornersof the property.4.This survey has been completed without the benefit of a current title commitment.There may be existing easements or other encumbrances that would be revealed bya current title commitment. Therefore, this survey does not purport to show anyeasements or encumbrances other than the ones shown hereon.5.Note that all building dimensions and building tie dimensions to the property lines,are taken from the siding and or stucco of the building.6.Showing and tabulating impervious surface coverage of the lot for your review andfor the review of such governmental agencies that may have jurisdiction over theserequirements to verify they are correctly shown before proceeding withconstruction.7.Showing elevations on the site at selected locations to give some indication of thetopography of the site. We have also provided a benchmark for your use indetermining elevations for construction on this site. The elevations shown relateonly to the benchmark provided on this survey. Use that benchmark and check atleast one other feature shown on the survey when determining other elevations foruse on this site or before beginning construction.8.While we show a proposed location for this home or addition, we are not as familiarwith your proposed plans as you, your architect, or the builder are. Review ourproposed location of the improvements and proposed yard grades carefully to verifythat they match your plans before construction begins. Also, we are not as familiarwith local codes and minimum requirements as the local building and zoningofficials in this community are. Be sure to show this survey to said officials, or anyother officials that may have jurisdiction over the proposed improvements andobtain their approvals before beginning construction or planning improvements tothe property.STANDARD SYMBOLS & CONVENTIONS:"●" Denotes iron survey marker, set, unless otherwise noted.REVISION, LLC3838 CHERRY LANEORONO, MN 32.7933.5933.0939.1939.5938.8935.0934.8938.5939.5939.6939.9940.3939.5939.2939.9940.1940.6941.1941.7938.2935.5935.7935.8939.8938.9930.9936.2937.5937.9936.6935.8935.5935.2934.8933.5932.5932.6934.9935.4936.0936.1936.3938.3938.4937.1936.8936.8936.5936.1935.1932.8933.5935.8936.9937.6937.4937.7937.8938.2938.3938.6938.3938.0938.2938.4938.2937.7936.0936.9938.1938.7938.6938.2938.2938.8939.5939.1939.4939.1937.8936.5937.4938.6939.7940.1939.7939.9939.9939.4939.1940.2940.4941.2942.1941.6942.2942.6941.8942.1940.7940.8939.8928.8929.4939.5939.6939.8939.5939.7938.6939.2939.1933.7931.5928.8931.0929.4931.2929.2931.0929.2935.4935.3934.2933.6937.6937.9937.8937.6938.5934.3935.0939.1939.0939.0941.4941.8928.9929.9930.1928.9928.7930.9936.7938.6938.2935.7935.8937.5938.1939.0936.1938.0937.5935.8937.6935.5928.7928.1928.1928.1927.9928.0928.1928.0928.3928.3932.5937.1939.3939.0939.2938.8938.2940.1939.3939.3940.1938.9929.4929.4--195.00--N 04°16'58" E27.046±--99.88--S 82°34'32" E15.8412±--200.11--N 04°13'43" E--99.94--S 86°04'25" E0.616.330.58.110.61.330.026.531.822.93.01.07.526.91.01.933.725.11.424.9Threshold atdoor 940.8GarageFloor938.8WallStoneStoneD e c kEdge of waterOHWLWallWallsEdge of bit. roadDeckRet.WallsRet.WallsNote:Dilapidated terracingand walls alongshoreline.Existing DwellingExisting DwellingExisting DwellingBenchmark:Top of MH 935.3Found capped ironFound 1/2"Found capped ironFound capped iron13.413.610.610.6132.18.29.560.123.4942942 941941940940940939939939939938938938938937 937936936935935935935934934933933930930929929929928928Lake MinnetonkaCherry LaneLot 9Lot 8EXISTING PLANTER RET. WALLS TO REMAIN EXISTING PLANTER RET. WALLS TO BE REMOVED EXISTING PLANTER & RET. WALLS TO BE REMOVED EXISTING DECK TO REMAIN EXISTING STAIRS TO REMAIN EXISTING FRONT WALK & RET. WALL TO BE REMOVED EXISTING PAVING TO BE REMOVED THIS SECTION OF RET. WALL TO BE REMOVED EXISTING CONCRETE PAD TO REMAIN EXISTING CONCRETE PAD TO BE REMOVED EXISTING RET. WALLS TO REMAIN EXISTING RET. WALLS TO REMAIN OHWL AVERAGE LAKESHORE SETBACK 75' REMOVE ALL PAVING WITHIN RET. WALL AREA AND RESTORE TO NATURAL PLANTINGS EXISTINGGARAGE 1,976 sq ft EXISTING PAVING TO BE REMOVED 7060504030802010NWES30'35'40' GRAPHIC SCALE 10'0'5'15'20'25'SUMMER SOLSTICESUNRISEWINTER SOLSTICESUNRISESUMMER SOLSTICESUNRISEWINTER SOLSTICESUNRISEEXISTING TO BE REMOVED & RE-PURPOSED EXISTING TO BE REMOVED EXISTING TO REMAIN HARDCOVER KEY DEMOLITION SITE PLAN SHEET A1 VARIANCE SET 27 OCTOBER 2022 952-544-3844 18318 Minnetonka Blvd Deephaven, MN 55391 Copyright 2022 CHERRY AVE RENO 3838 CHERRY AVE, ORONO, MN 55364 32.7933.5933.0939.1939.5938.8935.0934.8938.5939.5939.6939.9940.3939.5939.2939.9940.1940.6941.1941.7938.2935.5935.7935.8939.8938.9930.9936.2937.5937.9936.6935.8935.5935.2934.8933.5932.5932.6934.9935.4936.0936.1936.3938.3938.4937.1936.8936.8936.5936.1935.1932.8933.5935.8936.9937.6937.4937.7937.8938.2938.3938.6938.3938.0938.2938.4938.2937.7936.0936.9938.1938.7938.6938.2938.2938.8939.5939.1939.4939.1937.8936.5937.4938.6939.7940.1939.7939.9939.9939.4939.1940.2940.4941.2942.1941.6942.2942.6941.8942.1940.7940.8939.8928.8929.4939.5939.6939.8939.5939.7938.6939.2939.1933.7931.5928.8931.0929.4931.2929.2931.0929.2935.4935.3934.2933.6937.6937.9937.8937.6938.5934.3935.0939.1939.0939.0941.4941.8928.9929.9930.1928.9928.7930.9936.7938.6938.2935.7935.8937.5938.1939.0936.1938.0937.5935.8937.6935.5928.7928.1928.1928.1927.9928.0928.1928.0928.3928.3932.5937.1939.3939.0939.2938.8938.2940.1939.3939.3940.1938.9929.4929.4--195.00--N 04°16'58" E27.046±--99.88--S 82°34'32" E15.8412±--200.11--N 04°13'43" E--99.94--S 86°04'25" E0.616.330.58.110.61.330.026.531.822.93.01.07.526.91.01.933.725.11.424.9Threshold atdoor 940.8GarageFloor938.8WallStoneStoneD e c kEdge of waterOHWLWallWallsEdge of bit. roadDeckRet.WallsRet.WallsNote:Dilapidated terracingand walls alongshoreline.Existing DwellingExisting DwellingExisting DwellingBenchmark:Top of MH 935.3Found capped ironFound 1/2"Found capped ironFound capped iron13.413.610.610.6132.18.29.560.123.4942942 941941940940940939939939939938938938938937 937936936935935935935934934933933930930929929929928928Lake MinnetonkaCherry LaneLot 9Lot 8109'-11"PROPOSED FRONT SETBACK13'-4"EXISTING SETBACKPROPOSED FRONT WALK PROPOSED STAIR ADDITION EXISTING PLANTER RET. WALLS TO REMAIN PROPOSED WALK + PATIO PROPOSED COVERED STOOP EXISTING DECK TO REMAIN EXISTING STAIRS TO REMAIN EXISTING CONCRETE PAD TO REMAIN PROPOSED CONCRETE PAD FOR A/C UNIT EXISTING RET. WALLS TO REMAIN EXISTING RET. WALLS TO REMAIN OHWL AVERAGE LAKESHORE SETBACK 75' PROPOSEDGARAGEADDITIONON EXISTINGFRONT DRIVE EXISTINGGARAGE 1,976 sq ft RE-PAVE EXISTING FRONT DRIVE PROPOSED CHIMNEY 7060504030802010NWES30'35'40' GRAPHIC SCALE 10'0'5'15'20'25'SUMMER SOLSTICESUNRISEWINTER SOLSTICESUNRISESUMMER SOLSTICESUNRISEWINTER SOLSTICESUNRISEPROPOSED ADDITIONAL HARDCOVER PROPOSED RE-PURPOSED HARDCOVER EXISTING TO REMAIN HARDCOVER KEY PROPOSED SITE PLAN SHEET A2 VARIANCE SET 27 OCTOBER 2022 952-544-3844 18318 Minnetonka Blvd Deephaven, MN 55391 Copyright 2022 CHERRY AVE RENO 3838 CHERRY AVE, ORONO, MN 55364 12'14'16' GRAPHIC SCALE 4'0'2'6'8'10' #LayID TYP CEILING HEIGHT = 10'-1⅛" APPROX. SF = 4,071 FINISHED + 962 GARAGE + 1,375 TERRACE + 370 COVERED OUTDOOR MAIN LEVEL FLOOR PLAN PROPOSED 6'-6"9'-0"4'-0"2'-6"1'-0"5'-6"2'-0"22'-0" PROPOSED STAIRS ADDITION PROPOSED LAKE ENTRY ADDITION PROPOSED CHIMNEY EXISTINGGARAGE PROPOSEDGARAGE ADDITIONON EXISTING DRIVE EXISTINGHOUSE EXISTING DECK SHEET A3 VARIANCE SET 27 OCTOBER 2022 952-544-3844 18318 Minnetonka Blvd Deephaven, MN 55391 Copyright 2022 CHERRY AVE RENO 3838 CHERRY AVE, ORONO, MN 55364 12'14'16' GRAPHIC SCALE 4'0'2'6'8'10' TYP CEILING HEIGHT = 10'-1⅛" APPROX. SF = 4,071 FINISHED + 962 GARAGE + 1,375 TERRACE + 370 COVERED OUTDOOR UPPER LEVEL FLOOR PLAN PROPOSED SHEET A4 VARIANCE SET 27 OCTOBER 2022 952-544-3844 18318 Minnetonka Blvd Deephaven, MN 55391 Copyright 2022 CHERRY AVE RENO 3838 CHERRY AVE, ORONO, MN 55364 L.L. SLAB 9XX.X' -11'-1 1/4" M.L. SUBFLOOR 9XX.X' ±0" U.L. SUBFLOOR +12'-0 1/8" L.L. SLAB 9XX.X' -11'-1 1/4" M.L. SUBFLOOR 9XX.X' ±0" U.L. SUBFLOOR +12'-0 1/8" U.L. CEILING +22'-1 1/4"24'-10" BUILDING HEIGHT< 30'-0" MAX.30'-0"HIGHEST EXISTING GRADE 940.0' REFERENCE LINE (30' ABOVE HIGHEST) ROOF DEFINED (TOP OF CORNICE) SOUTH ELEVATION (EXISTING) SOUTH ELEVATION (PROPOSED) EXISTING SOUTH FACADE PROPOSED SOUTH FACADE PROPOSED SOUTH FACADE REMOVE AND SAVE BRICK VENEER REMOVE EXTERIOR SOFFITS TO ALLOW FOR NEW CONSTRUCTION EXISTING GARDEN WALLS TO REMAIN, REPLACE BRICK W/ STONE VENEER RE-USE EXISTING BRICK AT NEW BRICK APRON LOCATIONS SHEET A5 VARIANCE SET 27 OCTOBER 2022 952-544-3844 18318 Minnetonka Blvd Deephaven, MN 55391 Copyright 2022 CHERRY AVE RENO 3838 CHERRY AVE, ORONO, MN 55364 L.L. SLAB 9XX.X' -11'-1 1/4" M.L. SUBFLOOR 9XX.X' ±0" U.L. SUBFLOOR +12'-0 1/8" L.L. SLAB 9XX.X' -11'-1 1/4" M.L. SUBFLOOR 9XX.X' ±0" U.L. SUBFLOOR +12'-0 1/8" U.L. CEILING +22'-1 1/4" WEST ELEVATION (EXISTING) WEST ELEVATION (PROPOSED) EXISTING WEST FACADE PROPOSED WEST FACADE MAINTAIN EXISTING RAILING & DECKS SHEET A6 VARIANCE SET 27 OCTOBER 2022 952-544-3844 18318 Minnetonka Blvd Deephaven, MN 55391 Copyright 2022 CHERRY AVE RENO 3838 CHERRY AVE, ORONO, MN 55364 L.L. SLAB 9XX.X' -11'-1 1/4" M.L. SUBFLOOR 9XX.X' ±0" U.L. SUBFLOOR +12'-0 1/8" L.L. SLAB 9XX.X' -11'-1 1/4" M.L. SUBFLOOR 9XX.X' ±0" U.L. SUBFLOOR +12'-0 1/8" U.L. CEILING +22'-1 1/4" NORTH ELEVATION (EXISTING) NORTH ELEVATION (PROPOSED) EXISTING NORTH FACADE FROM LAKE PROPOSED NORTH FACADE FROM LAKE ADD NEW STONE VENEER OVER EXISTING CMU REPAIR EXISTING STAIRS EXISTING OUTDOOR STORAGE TO REMAIN SHEET A7 VARIANCE SET 27 OCTOBER 2022 952-544-3844 18318 Minnetonka Blvd Deephaven, MN 55391 Copyright 2022 CHERRY AVE RENO 3838 CHERRY AVE, ORONO, MN 55364 L.L. SLAB 9XX.X' -11'-1 1/4" M.L. SUBFLOOR 9XX.X' ±0" U.L. SUBFLOOR +12'-0 1/8" U.L. CEILING +22'-1 1/4" L.L. SLAB 9XX.X' -11'-1 1/4" M.L. SUBFLOOR 9XX.X' ±0" U.L. SUBFLOOR +12'-0 1/8" EAST ELEVATION (EXISTING) EAST ELEVATION (PROPOSED) PROPOSED EAST FACADE EXISTING EAST FACADE SHEET A8 VARIANCE SET 27 OCTOBER 2022 952-544-3844 18318 Minnetonka Blvd Deephaven, MN 55391 Copyright 2022 CHERRY AVE RENO 3838 CHERRY AVE, ORONO, MN 55364 L.L. SLAB 9XX.X' -11'-1 1/4" M.L. SUBFLOOR 9XX.X' ±0" U.L. SUBFLOOR +12'-0 1/8" L.L. SLAB 9XX.X' -11'-1 1/4" M.L. SUBFLOOR 9XX.X' ±0" U.L. SUBFLOOR +12'-0 1/8" U.L. CEILING +22'-1 1/4"24'-10" BUILDING HEIGHT< 30'-0" MAX.30'-0"HIGHEST EXISTING GRADE 940.0' REFERENCE LINE (30' ABOVE HIGHEST) ROOF DEFINED (TOP OF CORNICE) SOUTH ELEVATION (EXISTING) SOUTH ELEVATION (PROPOSED) EXISTING SOUTH FACADE PROPOSED SOUTH FACADE PROPOSED SOUTH FACADE REMOVE AND SAVE BRICK VENEER REMOVE EXTERIOR SOFFITS TO ALLOW FOR NEW CONSTRUCTION EXISTING GARDEN WALLS TO REMAIN, REPLACE BRICK W/ STONE VENEER RE-USE EXISTING BRICK AT NEW BRICK APRON LOCATIONS SHEET A5 VARIANCE SET 27 OCTOBER 2022 952-544-3844 18318 Minnetonka Blvd Deephaven, MN 55391 Copyright 2022 CHERRY AVE RENO 3838 CHERRY AVE, ORONO, MN 55364 L.L. SLAB 9XX.X' -11'-1 1/4" M.L. SUBFLOOR 9XX.X' ±0" U.L. SUBFLOOR +12'-0 1/8" L.L. SLAB 9XX.X' -11'-1 1/4" M.L. SUBFLOOR 9XX.X' ±0" U.L. SUBFLOOR +12'-0 1/8" U.L. CEILING +22'-1 1/4" WEST ELEVATION (EXISTING) WEST ELEVATION (PROPOSED) EXISTING WEST FACADE PROPOSED WEST FACADE MAINTAIN EXISTING RAILING & DECKS SHEET A6 VARIANCE SET 27 OCTOBER 2022 952-544-3844 18318 Minnetonka Blvd Deephaven, MN 55391 Copyright 2022 CHERRY AVE RENO 3838 CHERRY AVE, ORONO, MN 55364 L.L. SLAB 9XX.X' -11'-1 1/4" M.L. SUBFLOOR 9XX.X' ±0" U.L. SUBFLOOR +12'-0 1/8" L.L. SLAB 9XX.X' -11'-1 1/4" M.L. SUBFLOOR 9XX.X' ±0" U.L. SUBFLOOR +12'-0 1/8" U.L. CEILING +22'-1 1/4" NORTH ELEVATION (EXISTING) NORTH ELEVATION (PROPOSED) EXISTING NORTH FACADE FROM LAKE PROPOSED NORTH FACADE FROM LAKE ADD NEW STONE VENEER OVER EXISTING CMU REPAIR EXISTING STAIRS EXISTING OUTDOOR STORAGE TO REMAIN SHEET A7 VARIANCE SET 27 OCTOBER 2022 952-544-3844 18318 Minnetonka Blvd Deephaven, MN 55391 Copyright 2022 CHERRY AVE RENO 3838 CHERRY AVE, ORONO, MN 55364 L.L. SLAB 9XX.X' -11'-1 1/4" M.L. SUBFLOOR 9XX.X' ±0" U.L. SUBFLOOR +12'-0 1/8" U.L. CEILING +22'-1 1/4" L.L. SLAB 9XX.X' -11'-1 1/4" M.L. SUBFLOOR 9XX.X' ±0" U.L. SUBFLOOR +12'-0 1/8" EAST ELEVATION (EXISTING) EAST ELEVATION (PROPOSED) PROPOSED EAST FACADE EXISTING EAST FACADE SHEET A8 VARIANCE SET 27 OCTOBER 2022 952-544-3844 18318 Minnetonka Blvd Deephaven, MN 55391 Copyright 2022 CHERRY AVE RENO 3838 CHERRY AVE, ORONO, MN 55364 City of Orono Hardcover Calculation Worksheet Property Address: 38389 Cherry Lane (our survey 221599 TB) Prepared by: Thomas M. Bloom P.L.S. No. 42379 Date: 10/27/2022 Stormwater Quality Overlay District Tier: (Circle one)Tier 1 Tier 2 Tier 3 Tier 4 Tier 5 Step 1: EXISTING HARDCOVER In the following table identify all items of existing hardcover on the property, keyed by letter to Certificate of Survey (survey must accompany this form). Use as many lines as necessary to accurately depict existing hardcover status of the property. Key to Survey Hardcover Item (Describe) Length x Width Total (Square Feet) (Example)(Garage) (24' x 30') (720) S.F. A House 3,427 S.F. B Concrete Drive 2574 S.F. C Deck North 575 S.F. D Deck South 110 S.F. E Stone Areas 329 S.F. F Concrete 271 S.F. G Ret. Walls 257 S.F. H Landscape with plastic 469 S.F. I S.F. J S.F. K S.F. L S.F. M S.F. N S.F. O S.F. P S.F. Q S.F. R S.F. S S.F. T S.F. U S.F. V S.F. W S.F. X S.F. Y S.F. Z S.F. (1) Total Existing Hardcover 8,012 S.F. Excludable Hardcover (See City Code Sec 78‐1684) Ret. Walls 257 S.F. Decks with 1/4" spacing (Width needs to be verified) 100 S.F. S.F. S.F. S.F. (2) Total Excludable Hardcover 357 S.F. (3) Net Existing Hardcover 7,655 S.F. (4) Total Lot Area 22,592 S.F. Existing Hardcover Percentage [(3) / (4)]33.88% ADVANCE SURVEYING & ENGINEERING CO. I hereby certify that this report was prepared by me or under my direct supervision and that I am a licensed professional land surveyor under the laws of the State of Minnesota. Thomas M. Bloom Thomas M. Bloom P.L.S. No. 42379 Step 2: PROPOSED HARDCOVER In the following table identify all items of existing hardcover on the property, keyed by letter to Certificate of Survey (survey must accompany this form). Use as many lines as necessary to accurately depict existing hardcover status of the property. Key to Survey Hardcover Item (Describe) Length x Width Total (Square Feet) (Example)(Garage) (24' x 30') (720) S.F. A House 4,130 S.F. B Concrete Drive 1994 S.F. C Deck North 575 S.F. D Covered Stoop 132 S.F. E Stone Areas 95 S.F. F Lake Side Patio/Walk 308 S.F. G Ret. Walls 104 S.F. H Front Walk 276 S.F. I Chimney Addition 5 S.F. JAC Pads 16 S.F. K S.F. L S.F. M S.F. N S.F. O S.F. P S.F. Q S.F. R S.F. S S.F. T S.F. U S.F. V S.F. W S.F. X S.F. Y S.F. Z S.F. (1) Total Proposed Hardcover 7,635 S.F. Excludable Hardcover (See City Code Sec 78‐1684) Ret. Walls 104 S.F. Decks with 1/4" spacing (Width needs to be verified) 100 S.F. S.F. S.F. S.F. (2) Total Excludable Hardcover 204 S.F. (3) Net Proposed Hardcover [Subtract line (2) from line (1)] 7,431 S.F. (4) Total Lot Area 22,592 S.F. Proposed Hardcover Percentage [(3) / (4)]32.89% 38 08-117-23 33 0001 JAMES W BECK 5152 BELMONT AVE S MINNEAPOLIS MN 55419 38 08-117-23 33 0002 CARIN OFFERMAN ERIC D SVIEN 3826 CHERRY AVE MOUND MN 55364 38 08-117-23 33 0003 TRAVIS WILLIAM WILDENBERG SARA ELIZABETH WILDENBERG 1421 NORTH ARM DRIVE MOUND MN 55364 38 08-117-23 33 0006 ENGLUND COTTAGE LLC 3855 CHERRY AVE MOUND MN 55364 38 08-117-23 33 0007 ENGLUND COTTAGE LLC 3855 CHERRY AVE MOUND MN 55364 38 08-117-23 33 0008 ENGLUND COTTAGE LLC 3855 CHERRY AVE MOUND MN 55364 38 08-117-23 33 0009 ENGLUND COTTAGE LLC 3855 CHERRY AVE MOUND MN 55364 38 08-117-23 33 0020 GUY W FELDMANN 3908 CHERRY AVE MOUND MN 55364 38 08-117-23 33 0038 CITY OF ORONO P O BOX 66 CRYSTAL BAY MN 55323 38 08-117-23 33 0039 CITY OF ORONO P O BOX 66 CRYSTAL BAY MN 55323 38 08-117-23 33 0040 LISA J MERNIK PO BOX 64142 ST PAUL MN 55164 38 08-117-23 33 0043 ANN WEEKS ENGLUND 3884 CHERRY AVE MOUND MN 55364 38 08-117-23 33 0044 ANN WEEKS ENGLUND 3884 CHERRY AVE MOUND MN 55364 38 08-117-23 33 0045 PAUL TAYLOR 3883 CHERRY AVE MOUND MN 55364 38 08-117-23 33 0048 ROGER GRANNING 3898 NORTH SHORE DR MOUND MN 55364 38 08-117-23 33 0049 ANN WEEKS ENGLUND 3884 CHERRY AVE MOUND MN 55364 38 08-117-23 33 0050 ANN WEEKS ENGLUND 3884 CHERRY AVE MOUND MN 55364 38 08-117-23 33 0054 CITY OF ORONO P O BOX 66 CRYSTAL BAY MN 55323 38 08-117-23 33 0055 CITY OF ORONO P O BOX 66 CRYSTAL BAY MN 55323 38 08-117-23 33 0056 CITY OF ORONO P O BOX 66 CRYSTAL BAY MN 55323 38 08-117-23 33 0057 CITY OF ORONO P O BOX 66 CRYSTAL BAY MN 55323 38 08-117-23 33 0059 EVELYN B HAAS 3820 NORTH SHORE DR WAYZATA MN 55391 38 08-117-23 33 0084 ANN WEEKS ENGLUND 3884 CHERRY AVE MOUND MN 55364 38 08-117-23 33 0085 ALSRT2 LLC 10528 PARKER DR EDEN PRAIRIE MN 55347 38 08-117-23 33 0087 PAUL TAYLOR 3883 CHERRY AVE MOUND MN 55364 38 08-117-23 33 0088 ALLAN C LARSON ELIZABETH LARSON 3852 CHERRY AVE MOUND MN 55364 38 08-117-23 33 0089 MATTHEW B & AMY B HERMAN 3825 CHERRY AVE MOUND MN 55364 38 08-117-23 33 0090 STEVEN ENGLUND 3855 CHERRY AVE ORONO MN 55364 38 08-117-23 33 0094 CITY OF ORONO P O BOX 66 CRYSTAL BAY MN 55323 38 08-117-23 33 0095 BENJAMIN C DZURIK 3860 NORTH SHORE DR MOUND MN 55364 38 08-117-23 34 0063 NANCY L BLAIR 3768 NORTH SHORE DR WAYZATA MN 55391 38 08-117-23 34 0064 PAULA J JOHNSON 3818 NORTH SHORE DR WAYZATA MN 55391 38 17-117-23 21 0029 BARRY JON CARLSON DEBBIE MARIE CARLSON 3805 NORTH SHORE DR MOUND MN 55364 38 17-117-23 22 0002 MARK A & MARY A DOBRATZ 3865 NORTH SHORE DR MOUND MN 55364 38 17-117-23 22 0045 KELLE M BOWE 3845 NORTH SHORE DR MOUND MN 55364 38 17-117-23 22 0048 DENALI CUSTOM HOMES INC 18352 MINNETONKA BLVD MINNETONKA MN 55391 38 17-117-23 22 0049 GREGG STUART SUTTON 3825 NORTH SHORE DR MOUND MN 55364 He nn epin Co u n ty L oc ate & N o tify Map 383 8 C h err y Av e nue 0 100 20050 Feet Da te : 10 /19/2 022 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: 10/19/22 Date Application Considered as Complete: 10/27/22 60-Day Review Period Expires: 12/26/22 To: Chair McCutcheon and Planning Commission Members Adam Edwards, City Administrator From: Natalie Nye, City Planner Date: November 21, 2022 Subject: #LA22-000056, Patrick Regan with JDD Studios, Woodhill Country Club, 200 Woodhill Road CUP; Variance Public Hearing Background The Woodhill Country Club is requesting approvals in order to expand an existing accessory building on their site. The Woodhill property is unique in that part of it is located in Wayzata and part in Orono. The country club’s main building is located on the Wayzata parcel and the Orono parcel contains several accessory structures including a maintenance building, warming structures, and barn. The proposed addition is to the barn. The barn is currently used for dining and events. Additionally, the project includes improvements to the grounds including new parking areas, improved drives, pathways and landscaping. The barn is currently 3,118 square feet. The proposed addition will include a new sit-down dining room, expanded kitchen, office, storage space and more. The total square footage including the addition will be approximately 5,115 square feet. The barn is located toward the center of the 121 acre parcel and meets all required setbacks. The seven accessory buildings on the Orono parcel meet the maximum allowable total square footage for accessory structures. However, the code only permits having one oversized accessory structure (over 1,000 square feet) on a parcel. The Woodhill Country Club has five OAB’s and therefore this expansion requires a variance. The other oversized accessory structures are various maintenance and storage buildings. (Exhibit D) The golf course use is located within the RR-1B, 2-acre residential zoning district and is permitted through a conditional use permit (CUP). Improvements and changes to the site and use must be addressed through the CUP amendment process. The original CUP on the property dates back to 1968. There have been numerous amendments and new conditional use permits issued since then. Because of the numerous CUP’s and amendments on the property related to Woodhill Country Club, staff is suggesting issuing a new CUP for the expansion of the barn accessory structure on the site. Application Summary: The applicant requests a variance from the Code’s limit of one oversized accessory structure for the expansion of an existing accessory structure in conjunction with a Conditional Use Permit (CUP) for a Golf Course use for said expansion and additional site work to the Woodhill Country Club. Staff Recommendation: Planning Department Staff recommends approval. FILE #LA22-000056 21 Nov 2022 Page 2 of 6 Applicable Regulations: CUP: Golf Course (Code Section 78-418(1)) Golf courses are permitted within the RR-1B district by conditional use permit. Woodhill Country Club was originally approved in 1968 through a conditional use permit and over the years received several amendments to the CUP and new CUP’s for improvements to the property including the construction of the maintenance building and pump house. The conditional use requires the principal building to meet a 100’ setback from adjacent properties zoned residential and a 50’ setback for all accessory buildings. The existing barn building on the property is in need of a renovation and expansion in order to better serve the country club. The barn building would be maintaining the same use and function as it is used throughout the year for programming, events and dining. The addition will include a new sit down dining area, expanded kitchen, new office as well as improvements to the parking areas, loading area and landscaping. There are 51 total parking spaces that serve the barn. Staff has calculated the parking needs based on a restaurant use which would require 43 parking spaces. The applicant believes there is sufficient parking for the proposed use of the barn building. The proposed site work will decrease the amount of total hardcover by approximately 1,260 square feet. The applicant is proposing to remove some existing gravel areas and pavement and will be replacing it with landscaping. Accessory Building Variances (Code Sections 78-1434) Accessory building size limitations are based on the area of the property. The City Code allows a maximum of 1.3% of the lot area for accessory structures if the total lot size is over 14 aces. The Orono parcel alone is over 121 acres in size allowing up to 68,520 square feet of accessory buildings. However, only one oversized accessory structure, 1,000 square feet or greater, is permitted. This is a code requirement for a residential zoning district and designed for residential properties. A golf course use has very different needs from a typical residential property and having more than one oversized accessory structure is not unreasonable. The Woodhill Country Club has seven (7) accessory buildings on the Orono parcel, five (5) of which are oversized. The request is to expand one of these oversized accessory structures by approximately 2,000 square feet. (Exhibit F) Practical Difficulties + Conditional Use Permit Analysis Staff finds Woodhill Country Club’s request to construct an addition to an existing accessory building and associated site work to be reasonable and appropriately scaled for the site. LOT ANALYSIS WORKSHEET Section 78-418- Conditional Use Setback Requirement RR-1B Required Setback (Accessory Structures) Existing Setback (Barn Building) Proposed Setback (Barn w/ Addition) North 50’ 1,500’+ 1,500’+ East 50’ 700’+ 700’+ South 50’ 450’+ 450’+ West 50’ 600’+ 575’+ FILE #LA22-000056 21 Nov 2022 Page 3 of 6 Section 78-1403- Accessory Building Coverage: Total Lot Area* Total Accessory Building Footprint Total Accessory Building Footprint ±121 acres Allowed: 68,520 s.f. (1.30% of lot area) Proposed: 22,826 s.f. *Total acreage does not include Wayzata parcel Accessory Structure Inventory Existing Square Footage Proposed Square Footage Oversized Accessory Structure Maintenance Building 10,835 s.f. 10,835 s.f. Yes (1) Barn 3,118 s.f. 5,115 s.f. Yes (1) Storage Building 3,648 s.f. 3,648 s.f. Yes (1) Vacated Storage Building 1,463 s.f. 1,463 s.f. Yes (1) Butler Building 1,164 s.f. 1,164 s.f. Yes (1) Ice Skating Warming House 493 s.f. 493 s.f. No (0) Gate House 108 s.f. 108 s.f. No (0) Total 20,829 s.f. 22,826 s.f 5 Governing Regulation: Variance (Section 78-123) In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. According to MN §462.357 Subd. 6(2) variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance. The use for a golf course on this size property follows the general intent of the ordinance. 2. The variance is consistent with the comprehensive plan. The proposed addition is well within the required setbacks and is minimally changing the nature of what is currently existing on the site. The proposal is in line with the City of Orono 2040 Comprehensive Plan, which includes maintaining the natural character of the site, minimizing impacts to neighbors (screening, sound buffering), and natural resource impacts such as hardcover, grading, tree removal, and the control of storm water runoff off site. FILE #LA22-000056 21 Nov 2022 Page 4 of 6 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 golf course use is permitted through an approved conditional use permit, and the improvements proposed to support this use are reasonable. b. There are circumstances unique to the property not created by the landowner; The applicant is proposing to construct an addition to an existing accessory structure on the site to support the permitted use oriented to improve upon the existing condition; and a. The variance will not alter the essential character of the locality. The proposed addition is intended to improve upon an existing structure and supporting hardscape to support the golf course use. The proposed addition is fully screened by existing vegetation from surrounding residential properties. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination. 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter 78. This condition is not applicable. 6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located. This condition is not applicable, as golf course is an allowed use in the RR-1B District. 7. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. This condition is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The existing golf course use and existing structures are unique to this property. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The existing golf course use and existing structures are unique to this property. The property is being used as a golf course within a residential district. The conditions for the property are uninque for the district based on the use. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The variance is necessary for the improvement of an outdated accessory building that support the country club and golf course use. 11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. The use of the property, and proposed improvements are not intended to adversely impact health, safety, comfort, and morals. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The existing facilities are outdated and need of improvement. The addition and site work surrounding the addition are needed to support the activities and programming for the existing use. FILE #LA22-000056 21 Nov 2022 Page 5 of 6 The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Applicable Regulation: Conditional Use Permit (Section 78-916) The Planning Commission may recommend and the Council may grant a Conditional Use Permit (CUP) as the use permit was applied for or in modified form. On the basis of the application and the evidence submitted, the city must find that the proposed use at the proposed location is or will be: 1) Consistent with the community management plan; A golf course is a conditional use in the RR-1B zoning district and is consistent with the community management plan. 2) Compliant with the zoning code, including any conditions imposed on specific uses as required by article V, division 3 of the City Code; This criterion is met. 3) Adequately served by police, fire, roads, and stormwater management; This criterion is met. The applicant will be reducing the overall hardscape and will go through necessary permitting requirement of the City and any other impacted agency. 4) Provided with an adequate water supply and sewage disposal system; The current building is served by well and septic system. Additional infrastructure may be needed; this will be reviewed by the Building Official and City Engineer. 5) Not expected to generate excessive demand for public services at public cost; This criterion is met. 6) Compatible with the surrounding area as the area is used both presently and as it is planned to be used in the future; 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; The Woodhill Country Club has been part of the community since the 1960s. The golf course use is interwoven into the character and history of the area. 8) Compatible with the character of buildings and site improvements in the surrounding area, unless a change of character is called for in the community management plan; The site is currently a golf course and the proposed improvements will maintain the surrounding character. 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 improvements will not negatively impact the adjacent properties. 10) Provided with screening and buffering adequate to mitigate undesirable views and activities likely to disturb surrounding uses; 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; The proposed project is situated toward the center of the large property and will have very little impact on the adjacent properties. 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; Historically, the Woodhill Country Club has been responsive to neighbors’ concerns. All construction associated with this addition will enter and FILE #LA22-000056 21 Nov 2022 Page 6 of 6 exit via the main entrance. No additional traffic will be added to the second entrance. The parking needs of the barn have been reviewed by staff and found to be adequate for the proposed use. 13) Designed to take into account the natural, scenic, and historic features of the area and to minimize environmental impact; 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; This criterion is met; and 15) Not detrimental to the public health, public safety, or general welfare. This condition is met. 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. Practical Difficulties Statement Applicant has provided supporting documentation regarding the applicable Practical Difficulties attached as Exhibit B, and should be asked for additional testimony regarding the application. Public Comments No public comments have been received. Issues for Consideration 1. Does the Planning Commission find that the variance, if granted, will not alter the essential character of the neighborhood? 2. Does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the grant ing of the requested variance ? 3. Does the Planning Commission find the proposed parking sufficient for the expanded use? 4. Are there any other issues or concerns with this application? Planning Staff Recommendation Planning Staff recommends approval of the CUP amendment and variances. List of Exhibits Exhibit A. Application Exhibit B. Practical Difficulties Documentation Form Exhibit C. Existing Survey Exhibit D. Site Plan Exhibit E. Proposed Plans and Elevations Exhibit F. Hardcover Changes Exhibit G. Narrative Exhibit H. Property Owners List Exhibit I. Plat Map Land Use Application Summary Application Date:10/19/2022 Address:200 Woodhill RD Orono, MN 55391 Parcel Number:0211723120001 Land Use Number:LA22-000056 Application Submitted By:Agent on behalf of property owner Owner:Name: WOODHILL COUNTRY CLUB Address: 200 WOODHILL RD WAYZATA MN 55391 Applicant:Name: Patrick Regan Company: JDD Studio Address: 1515 Central Ave NE Minneapolis, MN 55413 pregan@jddltd.com Contact Information:Associated Contact: mark gronberg Associated Contact: Associated Contact: Associated Contact: Project Description:Woodhill Lower campus Barn Project 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: PRACTICAL DIFFICULTIES DOCUMENTATION FORM LA22-000056 1. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter. Response: The property owner proposes to continue the existing use allowed under their current Conditional use for golf clubs, country clubs, and tennis clubs. 2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. Response: The Woodhill property is spilt into 2 separate zoning districts and municipalities (Orono RR-1B and Wayzata R-1). The Barn is located in the 121 acre Orono property. In addition to the property being in this unique condition, split between two cities and zoning districts, the structure also predates the zoning code in both cities. 3. The variance, if granted, will not alter the essential character of the locality. Response: A primary project goal is to maintain the character, materials, and understated simple elegance of the existing Barn structure. 4. Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter. Response: The project variance is not applied for due to economic considerations. The Barn project is located at the existing structure, which serves as the warming house for the adjacent existing skating pond, hockey rinks, sledding hill, and paddle tennis courts. this is the only member clubhouse structure on the 121 acre Orono site. Other existing structures are accessory grounds buildings serving the golf course, and are not part of this project. 5. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minnesota Statutes, Section 116J.06, Subd. 2, when in harmony with this Chapter. Response: The practical difficulties include the existing location and continued existing use for the structure, as described in item 4. 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: The Barn project is proposing to continue the existing use, which is allowed as a conditional use under the Orono code. A variance is being applied for due to the special circumstances of the Woodhill property crossing two separate cities. 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 proposed project is a special and unique condition. The Barn project is proposing to continue the existing use, which is allowed as a conditional use under the Orono code. A variance is being applied for due to the special circumstances of the Woodhill property crossing two separate cities. 9. The conditions do not apply generally to other land or structures in the district in which said land is located. Response: The conditions do not apply generally to other land or structures in the district. The golf club, country club, and tennis club use are unique; as is the unique 121 acre size and scope of the property. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Response: The application is necessary for the preservation and enjoyment of the property. The kitchen and dining facilties are 20 years old and have not had any significant improvements in that time period. Additionally, the project proposes to improve accessible access for the bathroom facilties, accessible parking, traffic and loading traffic pathways, and the addition of a fire suppression system. 11. The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code. Response: Granting of the proposed variance will not in any way impair the health, safety, comfort, morals or in any other respect be contrary to the intent of the Zoning Code. 12. The granting of such variance will not merely serve as a convenience to the applicant but is necessary to alleviate demonstrable difficulty. Response: Granting of the variance is not merely to serve as a convenience to the applicant, but is necessary to alleviate the difficulties described. A0121DateProject Number1515 CENTRAL AVENUE NESUITE 150MINNEAPOLIS, MN 55413T 612.338.0005 F 612.338.0141Mechanical & Electrical EngineerIssue RecordIssue:C JDD STUDIOStructural EngineerCivil EngineerNOT FOR CONSTRUCTIONJDDSTUDIO.COMCivil Engineer NameStructural Engineer NameMechanical & Electrical Engineer NameCivil TelephoneStructural TelephoneMechanical & Electrical TelephoneA011SITE PLAN - PHASE 1-10/26/2022WCC 2021200 Woodhill Road Wayzata, MN 55391 / Orono MNPLANNING REVIEWWoodhill BarnNo. Description DatePHASE ONE SITE PLAN NOTES1.WIDEN AND PAVE EXISTING NORTH LOOP OF GRAVEL DRIVE FOR NEWBITUMINOUS ENTRYDRIVE IN SAME LOCATION.2.WIDEN AND PAVE EXISTING SOUTH LOOP OF GRAVEL DRIVE FOR NEWBITUMINOUS ENTRYDRIVE IN SAME LOCATION.3.NEW BITUMINOUS PARKING IN LOCATION OF EXISTING GRAVEL ANDBITUMINOUS PARKING LOTS.4.EXISTING SKATING WARMING HOUSE TO REMAIN. NEW WALK IN SCOPE OFWORK.5.PAVE EXISTING NORTH SERVICE DRIVE TO EXISTING MAINTENANCE BUILDING.SEE PLAN FOR TRANSITION FROM BITUMINOUS TO EXISTING GRAVEL DRIVE.6.NEW TRASH ENCLOSURE CONNECTED TO SERVICE DRIVE ( NORTH OF BARN).7. SEE ARCHITECTURAL DRAWINGS FOR REMODEL AND ADDITION TO THE BARN.8.NEW OUTDOOR 'BARNYARD' PATIO AT SOUTH SIDE OF BARN. REGRADE FORLEVEL PAD FOR TENT. PATIO AREA TO BE NEW BRICK PAVERS.PROVIDE BROKEN OUT COST FOR OUTDOOR PATIO AND SIDEWALKS.9.EXISTING GRASS LAWN AREA TO REMAIN WITHING DRIVE LOOP.SIDEWALKS AND LANDSCAPE AREAS AT BARN AND CONNECTING NEW PARKINGLOT TO BE INCLUDED IN BASE BID SCOPE OF WORK.10.EXISTING BULTER MAINTENANCE BUILDING TO REMAIN, TO BE PAINTED.11.EXISTING ABANDONED STORAGE BUILDINGS 'BUILDING A' AND 'BUILDING B' -TO REMAIN IN PHASE 1.1" = 30'-0"1SITE PLAN - PHASE 1 - DNDNCONTROLR-10234"24" 72"24" 72"24" 36"24" 48" 24" 48" 21" 48"24" 48" 24" 48"21" 48"24" 36"18" 48" 18" 48"18" 48" 18" 48"A2002A2001A2012A2011A211491,108 SFNEW DININGROOM108118 SFENTRYVESTIBULE10094 SFCOAT ROOM101112 SFMENSRESTROOM102177 SFWOMENSRESTROOM10338 SFBACKVESTIBULE112434248A2121234A21147444546A21117192123A21137343536A2116A2113A21112A21116131415911107851423A3012A3051A3052A3041A3022A301NEW TOILET PARTITIONSNEW TOILET PARTITIONSQUARY TILE FLOORING AND WALL TILE AT KITCHEN - INFILL AND PATCH AS REQUIRED EXISTING CONC FLOORTO REMAIN, TYP.NEW WOOD BURNING FIREPLACE AND NEW STONE SURROUND AND HEARTHNEW CONC STAIRSNEW FULL-LITE DOORNEW GAS FIREPLACE WITH NEW STONE SURROUND AND HEARTHNEW STAIRS & RAILINGSWD FLR 1ALL NEW PLUMBING FIXTURES, TILE FLOOR AND FULL-HEIGHT WALL TILE AT BATHROOMS, GYP.BD CEILINGS, LIGHTING TYP. ALL EXIST. ROOM FINISHES TO REMAIN AT COAT RM.FT 5NEW LANDING & RAILING100.00100.00NEW KITCHENEQUIPMENT- SEE FOODSERVICE PLANNEW BAR ARCH WDWK& EQUIPMENTNEW ADDITIONEXISTING BARN22577644111,491 SFEXISTINGBARN114116 SFNEW BAR111EXIST CONCNEW FLRNEW FLREXIST FLREEDB1AAC27' - 7"34' - 3 1/2"28' - 10"26' - 2"28' - 1"4' - 1"11' - 2"6' - 0"58' - 4"34' - 0"61' - 10 1/2"A2113032313398' - 4"EXISTING PADDLE COURT95' - 0" (-5' - 0")NEW BUILT-INARCH WDWKBANQUETTENEW SERVICE DOOREXISTING SIDE ENTRY DOOR & SIDELITENEW WALK FOOD COOLER20' - 0"29' - 6"12' - 4 1/2"13' - 0"NEW WALK IN FREEZERWD FLR 1EXISTCONCNEW BUILT-INARCH WDWKBANQUETTE110A110B110C1021081A30498 SFWAREWASHING10545 SFSTAFFRESTROOM106104BA400133WD FLR 1EXISTCONCP1.4P2.6AX3X3X3X3X3P1.6AP1.4AP1.6AP3.6P3.4234 SFBAR LOUNGE1137' - 6 1/2" V.I.F.WD FLR 1100.06E110AE100P4A21122W12W11W10W15W14W17W16W19W18W20W1W2W3W4W5W6W8W7QT 1QT 1QT 1FT 54' - 5 1/4" 3' - 4 3/4" 4' - 7" 3' - 4 3/4" 4' - 7" 3' - 4 3/4" 4' - 7" 3' - 4 3/4"2' - 8 1/4" 8' - 3 1/4"2' - 9 3/8" 3' - 5 1/4"2 1/2"3' - 5 1/4"3' - 6 3/4"3' - 5 1/4"2 1/2"3' - 5 1/4"1' - 0 3/4"3' - 5 1/4"2 1/2"3' - 5 1/4"1' - 0 3/4"3' - 5 1/4"2 1/2"3' - 5 1/4" 4' - 9 3/8" 6' - 3 1/4" 4' - 9 3/4" 4' - 4"1' - 4"P3.4P3.4P3.43A303X3HALLWAY110A21256781A5002A50098' - 4"P3.4X33A500NEW ADDITIONEXISTING BARNQT 1P536 SFNEW STAIR AST-A6' - 4 1/4"17' - 3"6' - 4 1/4"W24W21W22W232A302STAIR LANDING95' - 0" (-5' - 0")P1.4P2.6AP2.4AF1P1.4A104C106A104A3' - 8 1/4"P1.4AP1.4AP1.4AF4F4F4F4F4F4F4F4F4103ASTACKED COURSE BRICK THRESHOLDAW COLUMN, TYP.SEE INT ELEV1A3014A30363 SFSERVERSTATION109A21127282629A21120A211393841A211182440A40026' - 0" V.I.F.7' - 0"W13NEW FULL-LITE DOORNEWDOORSW9EQEQ6' - 0"AW COLUMN, TYP.SEE INT ELEVWND LEDGE1' - 0 5/8" 4' - 7" 7 1/8"NEWDOORSLANDSCAPE AREAAW COLUMN, TYP.SEE INT ELEVDateProject Number1515 CENTRAL AVENUE NESUITE 150MINNEAPOLIS, MN 55413T 612.338.0005 F 612.338.0141Mechanical & Electrical EngineerIssue RecordIssue:C JDD STUDIOStructural EngineerCivil EngineerNOT FOR CONSTRUCTIONJDDSTUDIO.COMCivil Engineer NameStructural Engineer NameMechanical & Electrical Engineer NameCivil TelephoneStructural TelephoneMechanical & Electrical TelephoneA110FLOOR PLAN - LEVEL0110/19/2022WCC 2021200 Woodhill Road Wayzata, MN 55391 / Orono MNPLANNING REVIEWWoodhill Barn1/4" = 1'-0"1FLOOR PLAN - LEVEL 01No. Description Date UPDNDNUPA2002A2012A2011A2101423565 SFSTORAGE0113A3012A3051A3052A3041A30288.672A301EXISTING UNEXCAVATEDEXIST CONC S.O.G.NEW CONC S.O.G. AT ADDITION AREA, UNDER FINISHED FLRNEWDOORNEW STAIRSNEW WINDOWNEW ARCH. MILLWORKEXISTING BARN22557764411EXISTUNEXCAVATEDUNEX120 SFNEW WALKIN006270 SFGOLF SIM A002EEDDB1B1AACEXISTING PADDLE COURT95' - 0" (-5' - 0")CONC RETAINING WALLFDFDSTORMDRAINNEW LANDSCAPE AREANEW WD SURROUND @ EXIST COL6' - 0"58' - 4"34' - 0"4' - 0"7' - 10 1/4" 4' - 6 1/4"18' - 0"14' - 11 5/8"14' - 11 5/8"CASED OPENINGW/ GUARDRAIL4' - 8 1/2"20' - 0"27' - 7"34' - 3 1/2"29' - 6"12' - 4 1/2"11' - 2"83' - 1"4' - 1"NEW FURRING & FINISHED WALL, TYPICALNEW FURRING & FINISHED WALLNEW ARCH. MILLWORKRETAILDISPLAY &CASHWRAPNEW GOLFSIMULATORNEW GOLFSIMULATOR6' - 0" V.I.F.001A001B0081A304115 SFOFFICE01072 SFSTORAGE0090093368 SFNEW WC00735 SFCHANGINGROOM005BX1X1X1X1X1P5.4P5.4P1.6AX1X1F1P1.6P1.6P1.6F2F2F2P1.4AX1X1P1.4P2.4AP5.4F1F1F1F1F2F2F290.5491.1788.67F120' - 0"15' - 10"18' - 8"13' - 7 1/2"6' - 10 1/2"32' - 2"4' - 11 3/4"005A005BFT 4F1P1P2A21015181617A21011141213A21019222021A21023262425A210576A2108109CONC 1CPT 1CPT 1WD FLR 2FT 1FT ?W28W27W263' - 2 7/8"17' - 2 7/8"3' - 4 3/4" 4' - 7" 5' - 6 1/2"3A303WINTER PROSHOP008F2A2125781A5003A5005' - 0"29' - 6"8' - 0"P2.4P2.4P3.4P3.4F12A302W322' - 7 1/4"CONC RETAINING WALL007A1A3014A303120 SFSTORAGE004NEW STAIR AST-A20 SFHALLWAY001AA21138001CP2.6(-11' - 8")(-11' - 4")(-8' - 10")(-11' - 4")98' - 4"61' - 10 1/2"NEW ADDITIONW32NEWDOOR6' - 6"FDSTAFFLOCKERS012CONC RETAININGWALLSTORMDRAINDateProject Number1515 CENTRAL AVENUE NESUITE 150MINNEAPOLIS, MN 55413T 612.338.0005 F 612.338.0141Mechanical & Electrical EngineerIssue RecordIssue:C JDD STUDIOStructural EngineerCivil EngineerNOT FOR CONSTRUCTIONJDDSTUDIO.COMCivil Engineer NameStructural Engineer NameMechanical & Electrical Engineer NameCivil TelephoneStructural TelephoneMechanical & Electrical TelephoneA111FLOOR PLAN - LEVEL0010/19/2022WCC 2021200 Woodhill Road Wayzata, MN 55391 / Orono MNPLANNING REVIEWWoodhill Barn1/4" = 1'-0"1FLOOR PLAN - LEVEL 00No. Description Date LEVEL 01100' - 0"ROOF127' - 1"1A3052A304EDB1AC1A304110B110A110CNEW ADDITION EXISTING BARN3A303E100NEW DECRATIVE SCREENING TO CONCEAL ROOF TOP MECHANICAL, TBDNEW ADDITION PAINTED BOARD & BATTON, TRIMTYPICALNEW METALCHIMNEY4A303EXIST WINDOWNEW WALLSCONCENEW WALLSCONCEEXIST WOOD SIDING, PAINTEDEXIST WOOD SIDING, PAINTEDEXIST WINDOWEXIST WINDOWEXIST WINDOWNEWFRENCH DRNEWFRENCH DRNEW WALLSCONCELEVEL 01100' - 0"ROOF127' - 1"3A3012A3051A3022A301NEW ADDITION EXISTING BARNNEW ADDITION ROOFSHINGLES EXISTING BARN ROOFNEW ROOF SHINGLES 257641NEW SHED ROOF, SHINGLES104B32A302NEW DECRATIVE FENCE TO CONCEAL ROOF TOP MECHANICAL, TBD122.16NEW ADDITION PAINTED BOARD & BATTON, TRIMTYPICALW24NEW MASONRYCHIMNEY,1A301EXISTING BARN ROOFNEW ROOF SHINGLES EXIST PAINTED BOARD & BATTON, TRIMTYPICALNEW ADDITION WOOD SIDING& WINDOWSNEW DOORNEW WALLSCONCEDateProject Number1515 CENTRAL AVENUE NESUITE 150MINNEAPOLIS, MN 55413T 612.338.0005 F 612.338.0141Mechanical & Electrical EngineerIssue RecordIssue:C JDD STUDIOStructural EngineerCivil EngineerNOT FOR CONSTRUCTIONJDDSTUDIO.COMCivil Engineer NameStructural Engineer NameMechanical & Electrical Engineer NameCivil TelephoneStructural TelephoneMechanical & Electrical TelephoneA200EXTERIORELEVATIONS10/19/2022WCC 2021200 Woodhill Road Wayzata, MN 55391 / Orono MNPLANNING REVIEWWoodhill Barn1/4" = 1'-0"1EXTERIOR ELEV CARDINAL SOUTH - PLAN EAST1/4" = 1'-0"2EXTERIOR ELEV- CARDINAL WEST - PLAN SOUTHNo. Description Date LEVEL 01100' - 0"ROOF127' - 1"F.F. GOLF BSMT88' - 8"1A3052A304EXISTING BARNPAINTED WOOD SIDING AND TRIMNEW ADDITIONPAINTED WOODSIDING AND TRIMTYPICALEDB1ACT.O. PADDLE DECK, FOREGROUNDOUTLINE OF PADDLE COURT, FOREGROUNDF.F. BARN BSMT91' - 2"NEW STAIRAND GUARDS1A304W12001A001B3A303NEW ADDITION PAINTED BOARD & BATTON, TRIMTYPICALNEW DECRATIVE SCREEN TO CONCEAL ROOF TOP MECHANICAL, TBDW22W234A303W13W9NEW CHIMNEYNEW WINDOWNEW WINDOWNEW WINDOWNEW WINDOWNEW DOORNEW WINDOWLEVEL 01100' - 0"ROOF127' - 1"F.F. GOLF BSMT88' - 8"3A3012A3051A3022A301EXISTING BARN ROOFWITH NEW SHINGLES EXISTING BARN NEW ADDITIONNEW ADDITION ROOFSHINGLES 257641T.O. PADDLE DECK, FOREGROUNDF.F. BARN BSMT91' - 2"PAINTED WOOD SIDING & TRIM NEW ALUM CLADWOOD WINDOWSSIM TO MARVINULTIMATE NEW METALCHIMNEY W1W2W3W4W5W6W7W8W14W15W16W17W18W19W20W26W27W283E110A2A302W21W32NEW CHIMNEY 122.16103B1A301Grade4' - 4"DateProject Number1515 CENTRAL AVENUE NESUITE 150MINNEAPOLIS, MN 55413T 612.338.0005 F 612.338.0141Mechanical & Electrical EngineerIssue RecordIssue:C JDD STUDIOStructural EngineerCivil EngineerNOT FOR CONSTRUCTIONJDDSTUDIO.COMCivil Engineer NameStructural Engineer NameMechanical & Electrical Engineer NameCivil TelephoneStructural TelephoneMechanical & Electrical TelephoneA201EXTERIORELEVATIONS10/19/2022WCC 2021200 Woodhill Road Wayzata, MN 55391 / Orono MNPLANNING REVIEWWoodhill Barn1/4" = 1'-0"1EXTERIOR ELEV- CARDINAL NORTH - PLAN WEST1/4" = 1'-0"2EXTERIOR ELEV-CARDINAL EAST- PLAN NORTHNo. Description Date 2022-10-19 Natalie Nye, City Planner City of Orono 2750 Kelley Parkway Orono, MN 55356 Woodhill Lower Campus Barn Project - Narrative The Woodhill Country Club Lower Campus Project is to provide new amenities and spaces at the existing Woodhill Barn building to allow for flexible programming for members of all ages throughout the year. This project includes the renovation of the Barn in a way that will enhance the existing building to be adaptable to meet future needs, but retain the simple elegance of the existing structure and setting. The Woodhill Barn is the focal point for winter season weekend dining and serves as the warming house for winter activities at Woodhill including: a sledding hill, ice skating, hockey, paddle tennis courts, and skiing and hiking trails. In the summer the Barn anchors the nearby grass tennis court, kids programing activities, junior Golf practice area, and the croquet and bocci lawn sports. The primary elements of the project include: the remodel of the existing Barn for more flexible programming, expansion of the kitchen to provide a better variety of menu items, and the addition to the barn of a dedicated sit-down dining room. Other elements include: a new golf-Pro office, fitting, and swing training space below the new dinning addition, replacement of an existing blacktop drive with a new landscaped patio area for outdoor dining and activities, a new fire suppression system for the entire structure, and limited modifications to the existing walks and parking for better accessible access. Other site improvements include a loading, trash and delivery area separated from the public traffic and pedestrian pathways. Goals of the project for the Woodhill Country Club Lower Campus Barn Project include: • Preserve the Barn profile, aesthetics and iconic imagery of the Barn Complex. • New sit-down dining room. • New expanded kitchen. • Remodeled and additional bathrooms. • Golf-Pro office, fitting and swing training space. • Additional storage. • New fire suppression system. • Replace existing blacktop area with new landscaped patio. • Modifications to walks and parking for better accessible access. • Dedicated loading, trash, and delivery area. RUN DATE: 10/19/2022 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM (PROPERTY OWNERS LIST)PAGE: 1 38 02-117-23 11 0003 BURLINGTON NORTHERN RY 38 ADDRESS UNASSIGNED ORONO MN 00000 B N & SANTA FE RR CO PROPERTY TAX DEPT PO BOX 961089 FORT WORTH TX 76161 38 02-117-23 12 0001 WOODHILL COUNTRY CLUB 200 WOODHILL RD ORONO MN 55391 WOODHILL COUNTRY CLUB 200 WOODHILL RD WAYZATA MN 55391 38 02-117-23 13 0003 T RASSIEUR & BARBARA STEINER 1050 EDGEWOOD HILLS RD ORONO MN 55391 THOMAS RASSIEUR BARBARA STEINER 1050 EDGEWOOD HILLS RD WAYZATA MN 55391 38 02-117-23 13 0007 WOODHILL COUNTRY CLUB 38 ADDRESS UNASSIGNED ORONO MN 00000 WOODHILL COUNTRY CLUB 200 WOODHILL RD WAYZATA MN 55391 38 02-117-23 13 0008 NADINE M MCGUIRE TRUST 315 WOODHILL RD ORONO MN 55391 WILLIAM & NADINE MCGUIRE 315 WOODHILL RD WAYZATA MN 55391 38 02-117-23 13 0009 GINA J PAULUCCI REV TRUST 320 WOODHILL RD ORONO MN 55391 GINA J PAULUCCI 480 RUSSELL AVE WAYZATA MN 55391 38 02-117-23 14 0001 ROBERT A BJORK/BETH J BJORK 965 EDGEWOOD HILLS RD ORONO MN 55391 ROBERT A BJORK/BETH J BJORK 965 EDGEWOOD HILLS RD WAYZATA MN 55391 38 02-117-23 21 0001 S A MELBERG & C W MELBERG 1290 LYMAN AVE ORONO MN 55391 STEVEN A/CAROLINE W MELBERG 1290 LYMAN AVE WAYZATA MN 55391 38 02-117-23 21 0005 WILLIAM J PAUL HOUSTON ET AL 1235 LYMAN AVE ORONO MN 55391 WILLIAM J PAUL HOUSTON 1235 LYMAN AVE S WAYZATA MN 55391 38 02-117-23 21 0006 WILLIAM J PAUL HOUSTON ET AL 1235 LYMAN AVE ORONO MN 55391 WILLIAM J PAUL HOUSTON 1235 LYMAN AVE S WAYZATA MN 55391 38 02-117-23 21 0007 MATTHEW PETERSON 1230 WOODHILL AVE ORONO MN 55391 MATTHEW PETERSON 1230 WOODHILL AVE ORONO MN 55391 38 02-117-23 21 0009 G F STOFER III & A K STOFER 190 ORONO ORCHARD RD S ORONO MN 55391 GORDON F STOFER III ADELAIDA K STOFER 190 ORONO ORCHARD RD S WAYZATA MN 55391 38 02-117-23 21 0010 JOSEPH M ROKKE ETAL 180 ORONO ORCHARD RD S ORONO MN 55391 JOSEPH M ROKKE 180 ORONO ORCHARD RD WAYZATA MN 55391 38 02-117-23 21 0027 H I & E T MCMILLAN 1275 LYMAN AVE ORONO MN 55391 HOWARD & ELIZABETH MCMILLAN 1275 LYMAN AVE WAYZATA MN 55391 38 02-117-23 21 0028 THOMAS C HUNT 140 SMITH AVE ORONO MN 55391 THOMAS C HUNT 140 SMITH AVE WAYZATA MN 55391 38 02-117-23 21 0029 M N & M K NICOLL 160 SMITH AVE ORONO MN 55391 MATTHEW N & MARY K NICOLL 160 SMITH AVE WAYZATA MN 55391 38 02-117-23 21 0030 MATTHEW PETERSON 38 ADDRESS UNASSIGNED ORONO MN 00000 MATTHEW PETERSON 1230 WOODHILL AVE ORONO MN 55391 38 02-117-23 21 0034 G MARC WHITEHEAD ET AL 38 ADDRESS UNASSIGNED ORONO MN 00000 G MARC WHITEHEAD 305 W FULLERTON PKWY CHICAGO IL 60614 38 02-117-23 21 0035 G MARC WHITEHEAD ET AL 38 ADDRESS UNASSIGNED ORONO MN 00000 G MARC WHITEHEAD 305 W FULLERTON PKWY CHICAGO IL 60614 38 02-117-23 21 0036 G MARC WHITEHEAD ET AL 38 ADDRESS UNASSIGNED ORONO MN 00000 G MARC WHITEHEAD 305 W FULLERTON PKWY CHICAGO IL 60614 38 02-117-23 24 0008 WILLIAM W MCGUIRE 1250 WOODHILL AVE ORONO MN 55391 WILLIAM W MCGUIRE 315 WOODHILL RD WAYZATA MN 55391 38 02-117-23 24 0009 WILLIAM W MCGUIRE 1260 WOODHILL AVE ORONO MN 55391 WILLIAM W MCGUIRE 315 WOODHILL AVE WAYZATA MN 55391 38 02-117-23 24 0010 W W MCGUIRE & N M MCGUIRE 355 WOODHILL RD ORONO MN 55391 WILLIAM W & NADINE M MCGUIRE 315 WOODHILL RD WAYZATA MN 55391 38 02-117-23 24 0011 W W MCGUIRE & N M MCGUIRE 1255 WOODHILL AVE ORONO MN 55391 W W MCGUIRE & N M MCGUIRE 315 WOODHILL RD WAYZATA MN 55391 38 02-117-23 24 0012 W W MCGUIRE & N M MCGUIRE 1245 WOODHILL AVE ORONO MN 55391 WILLIAM & NADINE MCGUIRE 315 WOODHILL RD WAYZATA MN 55391 38 02-117-23 24 0013 W W MCGUIRE ET AL 38 ADDRESS UNASSIGNED ORONO MN 00000 W W MCGUIRE & N M MCGUIRE 1255 WOODHILL AVE WAYZATA MN 55391 38 02-117-23 31 0003 W MCGUIRE & N M MCGUIRE 480 RUSSELL AVE ORONO MN 55391 WILLIAM MCGUIRE NADINE M MCGUIRE 315 WOODHILL RD WAYZATA MN 55391 38 02-117-23 41 0002 MARY JEANNE BOWEN REV TRUST 985 EDGEWOOD HILLS RD ORONO MN 55391 MARY JEANNE V BOWEN TRSTEE P O BOX 201 BENSON MN 56215 38 02-117-23 41 0003 KATHARINE K JACKSON 1045 EDGEWOOD HILLS RD ORONO MN 55391 KATHARINE K JACKSON 1045 EDGEWOOD HILL RD WAYZATA MN 55391 38 02-117-23 42 0001 TIMOTHY W KNUTSON 538 RUSSELL AVE ORONO MN 55391 TIMOTHY W KNUTSON 538 RUSSELL AVE WAYZATA MN 55391 RUN DATE: 10/19/2022 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM (PROPERTY OWNERS LIST)PAGE: 2 38 02-117-23 42 0002 K K JACKSON/R J KEITH JR TR 1055 EDGEWOOD HILLS RD ORONO MN 55391 KATHARINE K JACKSON 1045 EDGEWOOD HILL RD WAYZATA MN 55391 38 02-117-23 42 0003 C F PETER ROSENBERG 450 WOODHILL RD ORONO MN 55391 C F PETER ROSENBERG 450 WOODHILL RD WAYZATA MN 55391 38 02-117-23 42 0004 ANNE LARSON SIMONSON TRUST 1065 EDGEWOOD HILLS RD ORONO MN 55391 ANNE LARSEN SIMONSON 1065 EDGEWOOD HILLS RD WAYZATA MN 55391 38 02-117-23 42 0006 NATURE CONSERVANCY 38 ADDRESS UNASSIGNED ORONO MN 00000 NATURE CONSERVANCY 1101 RIVER PKWY W STE 200 MINNEAPOLIS MN 55415 38 02-117-23 42 0011 CITY OF ORONO 38 ADDRESS UNASSIGNED ORONO MN 00000 CITY OF ORONO P O BOX 66 CRYSTAL BAY MN 55323 38 02-117-23 42 0012 WOODHILL COUNTRY CLUB 38 ADDRESS UNASSIGNED ORONO MN 00000 WOODHILL COUNTRY CLUB 200 WOODHILL RD WAYZATA MN 55391 38 02-117-23 42 0013 HENNEPIN CO REGIONAL RR AUTH 38 ADDRESS UNASSIGNED ORONO MN 00000 COUNTY OF HENNEPIN REGIONAL RR AUTH 701 4TH AVE S STE 700 MINNEAPOLIS MN 55415 38 02-117-23 43 0007 ERROL J CHUGG 1080 FERNDALE RD W ORONO MN 55391 ERROL J CHUGG 1080 FERNDALE RD W WAYZATA MN 55391 38 02-117-23 43 0026 ROBERT BROOK & SHARON QUINN 1165 FERNDALE RD W ORONO MN 55391 ROBERT BROOK & SHARON QUINN 1165 FERNDALE RD W WAYZATA MN 55391 38 02-117-23 44 0028 THE NATURE CONSERVANCY 38 ADDRESS UNASSIGNED ORONO MN 00000 NATURE CONSERVANCY 1101 RIVER PKWY W STE 200 MINNEAPOLIS MN 55415 38 35-118-23 34 0014 H HANSON & M HANSON 1280 LYMAN AVE ORONO MN 55391 HARLAN & MARCIA HANSON 1280 LYMAN AVE WAYZATA MN 55391 38 35-118-23 34 0015 BETH A DWORSKY 2006 REV TRST 1250 LYMAN AVE ORONO MN 55391 BETH A DWORSKY WILLIAM B DWORSKY 1250 LYMAN AVE WAYZATA MN 55391 38 35-118-23 34 0016 SEAN C BENSON & ALISA BENSON 1220 LYMAN AVE ORONO MN 55391 SEAN C BENSON & ALISA BENSON 1220 LYMAN AVE WAYZATA MN 55391 38 35-118-23 43 0024 R R GIBSON & L K GIBSON 1200 LYMAN AVE ORONO MN 55391 RICHARD R & LISA K GIBSON 1200 LYMAN AVE WAYZATA MN 55391 38 35-118-23 43 0026 BURLINGTON NORTHERN RY 38 ADDRESS UNASSIGNED ORONO MN 00000 B N & SANTA FE RR CO PROPERTY TAX DEPT PO BOX 961089 FORT WORTH TX 76161 38 35-118-23 43 0028 A J STOESZ & S K STOESZ 1170 LYMAN AVE ORONO MN 55391 ASHLEY J STOESZ SHELLY K STOESZ 1170 LYMAN AVE WAYZATA MN 55391 38 35-118-23 43 0029 K L EGAN & W J EGAN 1150 LYMAN AVE ORONO MN 55391 KATHRYN LOUISE EGAN WILLIAM J EGAN 12915 54TH AVE N MINNEAPOLIS MN 55442 38 35-118-23 43 0030 CITY OF ORONO 38 ADDRESS UNASSIGNED ORONO MN 00000 CITY OF ORONO P O BOX 66 CRYSTAL BAY MN 55323 38 35-118-23 43 0034 BRIAN E & JULIA M PALMER 1190 LYMAN AVE ORONO MN 55391 BRIAN E & JULIA M PALMER 1190 LYMAN AVE WAYZATA MN 55391 38 35-118-23 44 0006 HENNEPIN FORFEITED LAND 38 ADDRESS UNASSIGNED ORONO MN 00000 HENNEPIN FORFEITED LAND FOR SALE TO ADJACENT PROPERTY OWNER ONLY 38 35-118-23 44 0011 ENGELSMA LIMITED PARTNERSHIP 875 WAYZATA BLVD W ORONO MN 55391 ENGELSMA LIMITED PARTNERSHIP C/O KRAUS-ANDERSON REALTY CO 525 S 8TH ST MINNEAPOLIS MN 55404 99 01-117-23 22 0003 STATE OF MINNESOTA 490 WAYZATA BLVD W WAYZATA MN 55391 MN DEPT OF TRANSPORATION METRO RIGHT OF WAY 1500 W CO RD B2 ROSEVILLE MN 55113 99 01-117-23 23 0001 WOODHILL COUNTRY CLUB 601 CO RD NO 15 WAYZATA MN 55391 WOODHILL COUNTRY CLUB 200 WOODHILL RD WAYZATA MN 55391 99 01-117-23 23 0002 WOODHILL COUNTRY CLUB 501 CO RD NO 15 WAYZATA MN 55391 WOODHILL COUNTRY CLUB 200 WOODHILL RD WAYZATA MN 55391 99 01-117-23 24 0003 HENNEPIN CO REGIONAL RR AUTH 403 SHORELINE DR WAYZATA MN 55391 COUNTY OF HENNEPIN REGIONAL RR AUTH 701 4TH AVE S STE 700 MINNEAPOLIS MN 55415 99 01-117-23 24 0004 BURLINGTON NORTHERN INC 401 SHORELINE DR WAYZATA MN 55391 B N & SANTA FE RR CO PROPERTY TAX DEPT PO BOX 961089 FORT WORTH TX 76161 99 01-117-23 32 0001 WOODHILL COUNTRY CLUB 601 SHORELINE DR WAYZATA MN 55391 WOODHILL COUNTRY CLUB 200 WOODHILL RD WAYZATA MN 55391 99 01-117-23 32 0002 WOODHILL COUNTRY CLUB 501 SHORELINE DR WAYZATA MN 55391 WOODHILL COUNTRY CLUB 200 WOODHILL RD WAYZATA MN 55391 99 01-117-23 32 0007 LAUREN S LINDELOF 502 SHORELINE DR WAYZATA MN 55391 LAUREN S LINDELOF 502 SHORELINE DR WAYZATA MN 55391 99 01-117-23 32 0008 K R MUNROE & K J MUNROE 699 HILLSIDE DR W WAYZATA MN 55391 KENNETH R & KARIN JO MUNROE 699 HILLSIDE DR W WAYZATA MN 55391 RUN DATE: 10/19/2022 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM (PROPERTY OWNERS LIST)PAGE: 3 99 01-117-23 32 0014 SCOTT HARRIS & ANDREA HARRIS 688 HILLSIDE DR W WAYZATA MN 55391 SCOTT HARRIS & ANDREA HARRIS 688 HILLSIDE DR W WAYZATA MN 55391 99 01-117-23 32 0020 DR ZORBA REV TRUST 700 HILLSIDE DR W WAYZATA MN 55391 LORI PETERSON 700 HILLSIDE DR W WAYZATA MN 55391 99 02-117-23 11 0001 WOODHILL COUNTRY CLUB 200 WOODHILL RD WAYZATA MN 55391 WOODHILL COUNTRY CLUB 200 WOODHILL RD WAYZATA MN 55391 99 02-117-23 11 0004 STATE OF MINNESOTA 500 WAYZATA BLVD W WAYZATA MN 55391 MN DEPT OF TRANSPORATION METRO RIGHT OF WAY 1500 W CO RD B2 ROSEVILLE MN 55113 99 02-117-23 41 0010 NATURE CONSERVANCY 700 SHORELINE DR WAYZATA MN 55391 NATURE CONSERVANCY 1101 RIVER PKWY W STE 200 MINNEAPOLIS MN 55415 99 02-117-23 41 0011 DR ZORBA REVOCABLE TRUST 700 HILLSIDE DR W WAYZATA MN 55391 LORI PETERSON 700 HILLSIDE DR W WAYZATA MN 55391 99 02-117-23 41 0012 DR ZORBA REV TRUST 700 HILLSIDE DR W WAYZATA MN 55391 LORI PETERSON 700 HILLSIDE DR W WAYZATA MN 55391 99 35-118-23 44 0008 CITY OF WAYZATA 500 WAYZATA BLVD W WAYZATA MN 55391 CITY OF WAYZATA 510 WAYZATA BLVD W WAYZATA MN 55391 Hennepin County has developed electronic forms of certain property information databases. Hennepin County makes reasonable efforts to produce and publish the most current property information available. The viewer should understand, however, that Hennepin County makes no representation or warranties, either express or implied, or as to merchantability or fitness for a particular purpose regarding the accuracy and/or completeness of the information contained herein. He nn epin Co u n ty L oc ate & N o tify Map 200 w oo dhill rd 0 780 1,560390 Feet Da te : 10 /19/2 022 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