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02-13-1992 Planning Packet
h’.: • -r r‘/ h0''- : ,A. CITY OP ORONO PLANNING COMMISSION MEETING TUESDAY, FEBRUARY 18, 1992 - 7:00 P.M. 1275 BRONN ROAD SOUTH - COUNCIL CHAMBERS INCIL REPRESENTATIVE - Gabriel Jabbour ' r'.ATTENDANCE - •ULED PUBLIC BEARINGS - am-:8:00 p.m 1. Amendment of Shoreland Regulations - Proposed shoreland overlay district and new performance standards ACTION ITEMS - Review of these items will commence prior to or between scheduled public hearings. m Applicants presenting variance requests before the Commission are asked to move to the podium at the front of the Chambers when their application is announced by the Chairman• 2.#1711 Edwin & Tracee Gibbs, 1135 Loma Linda Avenue Variance - Public Hearing 3.#1712 Edward Baker, 3059 Farview Lane - Variances - Public Hearing 4. #1713 Whitney & Betty MacMillan, 1560 Fox Street - Conditional Use Permit - Public Hearing 5. #1714 Thomas W. Lytle, 1935 Concordia Street - Variances - Public Hearing 6. #1715 City of Orono, 2700 Town Hall Road - Conditional Use Permit/Variance - Public Hearing Planning Comaission Comments - 7. Report by Planning Commission representative to Council meeting of February 10, 1992. Status report by Lake Use Committee representatives. 9. Status report by Facilities Committee representatives 10. other issues (Planning Work Sessions). > '•'mm Additional Items ~ t; I 11, Planning Commission approval of minutes of the January 21, 1992 meeting. ■p: 12. Planning Commission to select a representative to attend March 9, 1992 Council meeting. I Adjournment - i h irftffti M itwari j.— ■ >'ii (ikHiiitfigii 1 1 4 i ...— ; r ■■ - • > »« To: ;-v Chairman Kelley and Planning Commission Members Ron Moorse, City Administrator Is. p«(^V,>r Pr< :v- . ‘ Michael P. Gaffron, Asst Planning & Zoning Administrator Date:February 10, 1992 Subject: Zoning Code Amendment - Shoreland Management List of Exhibits Exhibit A Exhibit B Exhibit C - DNR Mandate • Proposed Section 10.56-Shoreland Management • Concurrently Proposed Revisions to Chapters 10 & 11-Definitions Exhibit D - Plat/Shoreland PRD Comparison Diagrams Background The Minnesota Department of Natural Resources on February 5, 1990 notified the City of Orono and many other Minnesota cities that local land use controls and shoreland ordinances must be brought into compliance with the revised "Statewide Standards for Management of Shoreland Areas" rules, which became effective on July 3, 1989. Orono was offered the option of working with the 13 other Lake Minnetonka municipalities, but chose to independently develop a comprehensive shoreland ordinance. In May 1991 the City Council appointed a Lake Use Committee, one goal of which was to work with staff in developing a shoreland ordinance. The Lake Use Committee began meeting in June 1991, and met on a regular basis through January 1992, resulting in the draft ordinance attached as Exhibits B and C. A\ A grant agreement providing up to $5,000 in DNR funding for the ordinance revision process initially gave Orono a February 5, ^^-1992 deadline for ordinance adoption. That deadline date has subsequently been extended to December 10, 1992. At the recommendation of the Lake Use Committee, on August 26, 1991 the City Council adopted Ordinance No. 96, Second Series, establishing an interim moratorium on the granting of land subdivisions that had not received preliminary approval from the City. This subdivision moratorium applies to all prc^ierties located within 1,000 feet of the Ordinary High Water Mark of npecified lakes and within 300 feet of certain tributaries. Wliile the moratorium as adopted is effective for a period of une year, it is anticipated that once the shoreland management ordinance is adopted, the moratorium will be lifted by the Council. j 1 -- -^ ’ i' Zoning Code Amendment February 10, 1992 Page 2 Shoreland Management Ordinance Highlights The Shoreland Management Ordinance will constitute an entirely new section. Section 10,56, within the zoning code. A number of definitions not appearing elsewhere in the zoning code are added for clarity, and existing definitions within various sections of the zoning code and subdivision code are revised as necessary to eliminate inconsistencies. A number of new concepts, such as "bluff", "bluff impact zone", "shore imoact zone", and "water-oriented accessory structure or facility", are introduced for the sake of compliance with DNR regulations. Because Orono has defined lakeshore zoning districts and a number of restrictive controls already in place, it was determined that creation of a Shoreland Overlay District was the most appropriate method to effectuate the necessary ordinances without compromising the integrity of the current code structure. The lakes which define the extent of the Shoreland Overlay District are classified either as General Development (GD), Recreational Development (RD) or Natural Environment (NE). The District includes lands within 1,000 feet of the Ordinary High Water Level (OHWL) of these defined lakes, as well as lands within 300 feet of designated tributary streams. The City contracted with Barr Engineering to provide supportive data to assist the DNR in determining the OHWL foi Lake Classen, Dickey Lake, and Lydiard Lake, for which no OHWL had previously been defined. Additionally, the DNR defined the OHWL for French Lake. Three tributary streams within Orono were initially designated as protected waters by the DNR. These include Painters Creek, Wolsfeld Creek (entering the north side of Long Lake from sources in Medina) and Long Lake Creek (between Long Lake and Tanager Lake). The Lake Use Committee has recommended adding Stubbs Bay Creek (between Lake Cl-asen and Stubbs Bay) and Dickey Lake Creek (between Dickey Lake and Long Lake) as protected waters subject to the Shoreland Regulations. The ordinance provides for notification of the DNR whenever variances, conditional use permits or amendments are being considered that affect the Shoreland Overlay District. Perhaps the most significant portion of the Shoreland Management Ordinance is Subdivision 16, The Shoreland Overlay District Standards. These standards apply to the use and development of all property in the District, and are summarized as follows: - Minimum lot area and width standards generally exhibit no change from existing codes. i ---- Zoning Code Amendment February 10r 1992 Page 3 The use of lakeshore access ov/ners is strictly limited. lots for non-riparian Placement of structures on lots will in many situations mi.-:.: ;t,V^ ['■ be more restricted than per current codes, especially for the newly designated Natural Environment lakes, where 150 foot OHWL setbacks for structures and septic systems will significantly limit development. Limitations on development of bluff Impact zones, average lakeshore setback and hardcover restrictions will also have a significant impact on rural properties not previously subject to lakeshore regulations. Stairways, lifts, landings, and lockboxes will be the only structures allowed within the shore setback zone. MW Lakeshore vegetation alterations are more strictly limited. '• i j..y Grading, filling and excavating within 75 feet of the OHWL of all public waters will continue to be prohibited and strict review procedures adopted for all grading work within the overlay district. All development in the overlay district shall be subject to strict storm water managemenb standards. ■i.'A 1^' ^ Commercial, public, semi-public, agricultural and extractive uses will be subject to specific regulations. y Water supply and sewage treatment systems shall be subject to minimum standards. Nonconforming sewage treatment systems will be required to upgrade based on more restrictive standards than previously in effect. a Subdivisions will continue to be regulated based on suitability of the land for development. mmkm Planned Residential Developments (PRD's) within shorelands will become more strictly regulated, with development densities consistent with or more restrictive than the standards of the underlying zoning district. Open space requirements, and maintenance and administration requirements are more specifically defined, and centralization of facilities is mandated. Conversion of resorts or other land uses to Planned Residential Developments is subject to strict standards with the goal of reducing or eliminating existing nonconformities. fW ■ j- • i m . I I i "‘7s ■'i'i 5 " Y' • V ’ T4 K i. ■ -'-MS » ik Zoning Code Amendment February 10, 1992 Page 4 Exhibit D depicts an example of how the proposed PRD "shoreland tier” system (page 376~23) required by the DNR, would actually yield a more restrictive setback configuration than per our current subdivision requirements. This is a 1.99 acre parcel on Casco Point Road (half acre zone). Four plat options shown as A, B and C, each show how a 3-lot plat with a cul-de-sac might be configured. Sketch D shows a 3-lot plat without a cul-de-sac road which might yield building sites with better lake views. In each of A through D, only one of the three lots would be allowed lake access based on only 115 feet of shoreline. In the PRD option, the property is divided into Tier 1 (200 feet deep), and Tier 2 (200 feet). After wetlands and bluffs are subtracted, the area of Tier 1 is divided by the zoning district area requirement, yielding the number of units allowed within that tier. Rounding down. Tier 1 is allowed one unit. The excess can be credited to Tier 2. Looking at the diagram labeled PRD Step 2, a total of three building pads could be allowed on the property, but only one pad would be allowed in the 0-200 foot setback. Plats A, B and C would each allow portions of a second house in the 0-200 foot tier, and plat D would potentially allow all three houses in the 0-200 foot tier. It is expected that the Shoreland Management Ordinance will generally have relatively minor impacts on properties currently abutting or near Lake Minnetonka which have been subject to Lakeshore Residential zoning district standards since 1975. The greatest impact ..11 be on those Rural Residential zoned properties in northern Orono which to date have not been subject to the LR standards. Staff Recommendation Planning Commission is requested to review the proposed ordinance and ask any questions or make any comments you may have. The February 18 meeting includes a public hearing on this ordinance, and staff will be happy to attempt to answer any questions brought forth by the public. Please feel free to recommend to the City Council any revisions which you feel are appropriate. If your recommendation for approval is forthcoming with few revisions, this ordinance at the request of the Lake Use Committee will be placed on the Council's February 24 agenda for adoption. The Lake Use Committee suggested that the ordinance be adopted as soon as ;;ossible, then submitted to the DNR and neighboring citi**^ ror review. This recommendation is due partly ctendedto concern t.iat the DNR review process may take an extende period of time, causing hardship for Orono property owners who have already been held up for nearly 6 months by the moratorium. It was the Committee's intent that the ordinance be adopted, the moratorium lifted, and if the DNR requires specific changes after their review, these would be dealt with as later eimendments. '-it i •V . 1 M STATE OF k DEPARTMENT OF NATURAL RESOURCES DNR INFORMATION (612)296-6157February 5, 1990 500 LAFAYETTE ROAD • ST. PAUL, MINNESOTA • 55155-40.bxh -a |l i ! .J u' ■ ■ The Honorable James Grabek Mayor, City of Orono Box 66 Crystal Bay, MN 55323 i!\i FB-8 « M i! Dear Mayor Grabek; NOTICE TO ADOPT REVISED STATEWIDE SHORELAND MANAGEMENT RULES On July 3, 1989, the revised Statewide Standards for "Management of Shoreland Areas" rules became effective (Minnesota Rules Part 6120.2500 - 6120.3900). Under the authority of Minnesota Rules Part 6120.2800. Subp. 2. you are hereby notified that your City/County must upgrade its land use controls or shoreland ordinance by February 5, 1992, to comply with the new rules. The rules were developed through a consensus process by 23 groups representing diverse Interests from agriculture and environment to local and state governmental agencies Including the Department of Natural Resources. A series of ten hearings before an Administrative Law Judge in the fall of 1988 completed the public review process. ■ /» The Legislature has provided grant monies to assist local units of government in adopting the new shoreland rules. A grant application form is enclosed. Please return the completed form by March 5, 1990, to the Shoreland Hydrologist serving your region (see attached map); Regions 1, 2, 3 Regions 4, 5, 6 m Russ Schultz, Shoreland--Hydrologist DNR-Div. of Waters ; 1601 Minnesota Drive* Brainerd, MN 56401 (218) 828-2605 DNR-Div. of Waters Shoreland.Hydrologist 120C Warner Road St. Paul, MN 55106 (612) 296-7523 The Shoreland Hydrologist is your primary contact for the grant application, contract, eligible expenses. :^d related questions. The Area Hydrologist serving your city/county (see attached map) will be your primary contact when it comes to the actual work of revising your zoning ordinance. Please feel free to call upon them for assistance. Sincerely, DIVISJ^S^F HATE Ron Nargang, Director Enclosure cc; John Stine, Regional Hydrologist Ceil Strauss, Area Hydrologist Dorothy Zoning Admlnistrator^CU^^a V iI i i2ab. •r Section msMiFf Title 10.56 Subd. Subd. Subd. Subd. Subd. Subd. Subd. Subd. 2 3 4 5 6 7 8 Subd. Subd. 9 10 Subd. Subd. Subd. Subd. 11 12 13 14 Subd. IS .................. •> • ?■ v: - fSf wmm .. .’ ' ■ V. r. Subd. Subd. Subd. Subd. Subd. Subd. 16 x7 18 19 20 21 1 y-m M'■i- J o> • A^Sv^r;-:^ Wy-:y^k ^ ^ ■- ; • » = •■ ,* /*■■.' /‘i- ■ ■ ORONO CC S-h^- •F? Shoreland Management. . . . . . . . . . . . . 1 Statement of Purpose. . . . . . . . . . Statutory Authorization . . . . . . . Definitions. . . . . . . . . .. Jurisdiction. . . . . . . . . . . . . . . . Oompliance............. Enforcement . . . . . . . . . . . . . . . . Classification of Public Waters . . Establishment of Shoreland Overlay District. . . . . . . . . . . . . . . . . . . . Interpretation of District Boundaries Land Alteration and Building Permits Required. . . . . . . . . . . . .. Certificate of Zoning Compliance. . . Variances . . . . . . . . . . . . . . . . . . . Conditional Oses. . . . . . . . . . . . . . Notifications to the Department of Natural Resources . . . . . . . . . . . . . Zoning District Compliance with Minimum Requirements. . . . . . . . . . . . . . . . . Shoreland Overlay District Standards. Nonconformities . . . . . . . . . . . . . . Subdivision/Platting Provisions . . . PRD/PUD Standards . . . . . . . . . . . . . Riparian Access and Rights. . . . . . . Amendments. . . . . . . . . . . . . . . . . . . rf;' mm I s Page 376-1 376-1 376-1 376-1 376-5 376-6 376-6 376-6 376-7 376-7 376-7 376-7 376-8 376-8 376-9 376-9 376-9 376-20 376-20 376-22 376-28 376-28 (DATE) '.i .■ Mi. S' '.w 4 .■■4‘ '.'n r" 'v 1 i 1 : 1 • 5 § 10.56 • ti’ SECTION 10.56. SHORELAND MANAGEMENT. Subd. 1. Statement of Purpose. The purpose of this section is to promote the public health, safety, and general welfare by providing for the wise subdivision, use and development of shorelands abutting public waters that exist within the City's corporate boundaries. The City recognizes that the uncontrolled use and development of shorelands has a negative impact on not only the quality of surface waters, but on the economic, recreational, and natural environmental values of shorelands and the waters they surround. The specific intent of this section is to: A. Protect the water quality of Lake Minnetonka and other lakes within the City by allowing development of uses in the shoreland areas which are compatible with Orono's Comprehensive Land Use Management Plan. -y. B. Provide appropriate standards for development which will minimize the impact of shoreland development on the water quality and the economic, aesthetic, and natural environment values of Orono's lakes. Subd. 2. Statutory Authorization. This shoreland ordinance is adopted pursuant to the authorization and policies contained in Minnesota Statutes, Chapter 105, Minnesota Regulations, Parts 6120.2500-6120.3900, and the planning and zoning enabling legislation in Minnesota Statutes, Chapter 462. - * A V * Subd. 3. Definitions. Unless specifically defined below, words or phrases used in this section shall be interpreted as defined elsewhere in this chapter. All other words or phrases shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this ordinance its most reasonable application. For the purpose of this section, the words "must" and "shall" are mandatory and not permissive. All distances, unless otherwise specified, shall be measured horizontally. 1. "Animal Feedlot" - A lot or building or combination of lots and buildings intended for the confined feeding, breeding, raising or holding of animals and specifically designed as a confinement area in which manure may accumulate, or where the concentration of animals is such that a vegetative cover cannot be maintained within the enclosure. For purpose of this Code, open lots used for the feeding and rearing of poultry (poultry ranges) shall be considered as animal feedlots. Pastures shall not be considered as animal feedlots when the area enclosed as pasture is equal to or greater than 1.0 acre per animal unit. ORONO CC 376-1 'A ti y' '' r^ti ^ ■ -i SSfflf C3 S 10.56 f'" 2. "Bluff - A topographic feature such as a hill# cliff, or embankment having the following characteristics (an area with an average slope of less than 18% over a distance of 50' or more shall not be considered part of the bluff); shoreland area; A. Part or all of the feature is located in a B. The slope rises at least 25' above the Ordinary High Water Level of the water body; C, The grade of the slope from the toe of the bluff to a point 25' or more above the Ordinary High Water Level averages 30% or greater; and D. The slope must drain toward the water body. "Toe of the bluff" means the lower point of a 50' segment with an average slope exceeding 18%. "Top of the bluff" means the higher point of a 50' segment with an average slope exceeding 18%. 3. "Bluff Impact Zone" - A bluff and land located within 20' from the top of a bluff. 4, "Commercial Use" - The principal use of the land and/or buildings for the sale, lease, rental or trade of products, goods, and services. mm 5. "Deck" - A horizontal, unenclosed platform with Ijp^or without attached railings, seats, trellises, or other features, attached or functionally related to a principal use or site. ■ V. ■' 6. "Duplex, Triplex, Quad" - A dwelling structure on a single lot, having two, three, and four units, respectively, being attached by common walls and each unit equipped with separate sleeping, cooking, eating, living and sanitation facilities. - 7. "Dwelling Site, Transient" - A designated location for temporary or transient residential use by one or more persons using temporary or movable shelter, including camping and recreational vehicle sites. 8. "Dwelling Site" - A designated location where a dwelling unit is intended to be constructed. ORONO CC 376-2 ;1. ■; . m i -.i ^----------------------------------------^ ..-4. ^ /.iiM . ■ r ^ § 10.56 r' .’-. • ■ * . 'J'*. irrv- - "t- Wm 9. "Dwelling Unit" - A building or a portion of a building designed or intended to be occupied exclusively for residential purposes, including provisions for sleeping, eating, cooking and sanitation for not more than one family, but not including rooms in motels, hotels, nursing homes, boarding houses, nor trailers, tents, cabins, recreational vehicles, nor lodging rooms. 10. "Extractive Use" - The use of land for surface or subsurface removal of sand, gravel, rock, industrial minerals, other nonmetallie minerals, and peat not regulated under Minnesota Statutes Sections 93.44 - 93.51. 11. "Forest Land Conversion" - forested lands to prepare for a new land establishment of a subsequent forest stand. The clear cutting of use other than re- 12. "Industrial Use" - The use of land or buildings for the production, manufacture, warehousing, storage, or transfer of goods, products, commodities, or other wholesale items. 13. "Intensive Vegetation Clearing" - The complete removal of trees or shrubs in a contiguous patch, strip, row, or block. 14. "Ordinary High Water Level (OHWL)" - The boundary of public waters and wetlands, and shall be an elevation delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. For watercourses, the ordinary high water level is the elevation of the top of the bank of the channel. For reservoirs and flowages, the ordinary high water level is the operating elevation of the normal summer pool. The designated OHWL has been determined by the Minnesota Department of Natural Resources for certain water bodies as shown in Subdivision 7 of this section. 15. "Planned Unit Development (PUD)" - A type of development characterized by a unified site design for a number of residential dwelling units or non-residential sites on a parcel, whether for sale, rent, or lease, often involving clustering of units or sites to provide areas of common open space or a mixture of structure types and land uses. Two types of PUD are provided for in the zoning code: A. "Planned Residential Development (PRD)" - The nature of allowed uses is non-transient residential, including attached and detached single faunily or multiple faunily dwellings, subject to the limitations provided for in each zoning district. ORONO CC 376-3 'i -.li y:W ®@iaf F S 10.56 B. "Planned Unit Development (PUD) - Highway 12 Corridor" - The nature of allowed uses may include residential, ccmmtercial, institutional, public and semi-public uses as set forth in Orono's Comprehensive Plan Amendment No. 2, and it is limited to areas within the Highway 12 Corridor as defined in said amendment. The Highway 12 PUD offers a mixture of land uses, housing types and densities. Note; No properties which could be developed via the Highway 12 PUD are within the Shoreland Overlay District. 16. "Public Use" - The use of land by the general public or by a public agency on behalf of the general public, for any purpose. 17. "Public Waters" - Any waters as defined in MinftdSota Statutes Sectio; 105.37, Subdivisions 14 and 15. 18. "Semi-public Use" - The use of land by a private, nonprofit organization to provide a public service that is ordinarily open to some persons outside their regular constituency cf the organization. P 19. "Sensitive Resource Management" - The preservation and management of areas unsuitable for development in their natural state due to constraints such as shallow soils over groundwater or bedrock, highly erosive or expansive soils, steep slopes, susceptibility to flooding, or occurence of flora or fauna in need of special protection. 20. "Sewage Treatment System" - Septic tanks and a soil absorption system or other type of on-site sewage treatment system as described in Section 12.30 of the municipal code. ? 21. "Sewer System" - Pipelines or conduits, pumping stations and force main, and all other construction, devices, appliances, or appurtenances used for conducting sewage or industrial waste or other wastes to a point of ultimate disposal. 22. "Shore Impact Zone" - Land located between the Ordinary High Water level of a public water and a line parallel to it at a setback of 50% of the structure setback. 23. "Shore Setback Zone" - Land located between the Ordinary High Water Level of a Public Water and a line parallel to it at the structure setback. ORONO CC 376-4 *■. \ m k* § 10.56 m- ity 24. "Shoreland” - Land located within the following distances from public waters; 1,000' from the Ordinary High Water level of a lake, pond, or flowage; and 300' from a river or stream, or the landward extent of a flood plain designated by ordinance on a river or streaun, whichever is greater. Where topographic divides occur at lesser distances from the involved water, the limits of shoreland have been modified per the official map entitled Shoreland Overlay District on file at the City offices. 25. "Significant Historic Site" - Any archaeological site, standing structure, or other property that meets the criteria for eligibility to the National Register of Historic Places or is listed in the State Register of Historic Sites, or is determined to be an unplatted cemetery that falls under the provisions of Minnesota Statutes, Section 307.08. A historic site meets these criteria if it is presently listed on either register or if it is determined to meet the qualifications for listing after review by the Minnesota State Archaeologist or the Director of the Minnesota Historical Society. All unplatted cemeteries are automatically considered to be sianificant historic sites. 26, "Steep Slope" - Lands having average slopes of 18% or greater as measured over horizontal distances of 50' or more, that are not bluffs. h ■ . Vi 27. "Surface Water-Oriented Commercial Use" - The use of land for commercial purposes, where access to and use of a surface water feature is an integral part of the normal conductance of business. 28. "Variance" - Variance shall mean the same as r k • that term is defined or described in Minnesota Statutes Chapter 462. 24. "Water-Oriented Accessory Structure or Facility" - A small, above ground building or other improvement, except stairways, fences, docks, and retaining walls, which, because of the relationship of its use to a surface water feature, reasonably needs to be located closer to public waters than the normal structure setback. Examples of such structures and facilities include boathouses, gazebos, screen houses, fish houses, pump houses, and detached decks. 25. "Wetland" - Shall have the same meaning as defined in Section 10.55 of the zoning code. Subd. 4. Jurisdiction. The provisions of this ordinance shall apply to the shorelands of the public water bodies as classified in Subdivision 7 of this ordinance. ORONO CC 376-5 ! .'Sl • •; *: S 10.56 1^ r?; •*• fclfe'.*. Subd. 5. Compliance. The use of any shoreland of public waters; the size and shape of lots; the user sizer type and location of structures on lots; the installation and maintenance of water supply and waste treatment systemsr the grading and filling of any shoreland areas; the cutting of shoreland vegetation; and the subdivision of land shall be in full compliance with the terms of this section and other applicable regulations. m Subd. 6. Enforcement. The Zoning Administrator is responsible for the administration and enforcement of this ordinance. Any violation of the provisions of this ordinance or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or conditional uses) shall constitute a misdemeanor and shall be punishable as defined by law. Violations of this ordinance can occur regardless of whether or not a permit is required for a regulated activity pursuant to Subdivision 10 of this section. Subd. 7. Classification of waters of the City of Orono have been with the criteria found in Minnesota and the Protected Waters Inventory Minnesota: Public Waters. The public classified below consistent Regulations, Part 6120.3300, Map for Hennepin County, I a ?Protected Waters 'S:,. ■1.: ’ A. Mm Natural Environment (NE)Lakes OHWL Inventory I.D. # Lake Classen 974.5'162-P Dickey Lake 985.5'161-W French Lake 140-P North Basin:930.5' 1 Sewage Lagoon:934.3' South Basin:930.0' Lydiard Lake 970.9 159-P Lake Katrina —154-P Wolsfeld Lake (Medina)—157-P Protected Waters Recreational Development (RD) Lakes OHWL Inventory I.D. # Long Lake 944.3'160-P Mooney Lake 988.0'134-P Tanager Lake 929.4'141-P Hadley Lake (Plymouth)961.4*109-P Protected Waters General Development (GD)Lakes OHWL Inventory I.D. # Forest Lake ^i^.4'139-P Lake Minnetonka 929.4'133-P m D.Tributary Streams Painters Creek Stubbs Bay Creek Long Lake Creek Wolsfeld Creek Dickey Lake Creek ORONO CC 376-6 ^4 § 10.56 Subd. 8. Establishment of Shoreiand Overlay District. The Shoreiand Overlay District is hereby defined and established to include the following lands within the City of Orono: 11 .•••'V ■VU >// • ' I y ■' .i f.' ‘ ''fci" i ^ A. All lands within 1000' of the Ordinary High Water level of the lakes classified Natural Environment, Recreational Development, and General Development in Subdivision 7 of this section. The Shoreiand Overlay District includes lands within Orono that are located within 1000 ’ of lakes located in adjacent cities, namely Hadley Lake in the city of Plymouth and Wolsfeld Lake in the city of Medina. B, All lands within 300' of the Ordinary High Water level of the watercourses classified as tributary streams in Subdivision 7 of this section. Where the flood plain of said tributary streams as defined in Section 10.55 or as defined elsewhere in the Orono Zoning Code extends further than 300' from the Ordinary High Water level, the boundary of the Shoreiand Overlay District shall be extended to include those areas designated as flood plain. Subd. 9. Interpretation of District Boundaries. In their interpretation and application, the provisions of this section shall be held to be minimum requirements and shall be liberally construed in favor of the City and shall not be deemed a limitation or repeal of any other powers granted by State Statutes. The boundaries of the Shoreiand Overlay District shall be determined by scaling distances on the official map. Where interpretation is needed as to the exact location of the boundaries of the district as shown on the official map, the City Engineer shall make necessary interpretation based on the Ordinary High Water level. The person contesting the location of the district boundary shall be given a reasonable opportunity to present his case to the City and to submit technical evidence if he so desires. Subd. 10. Land Alteration and Building Permits Required. A permit is required for the construction of buildings, building additions, related work such as construction of decks and signs, installation or alteration of sewage treatment systems, grading and filling activities, and other activities as regulated elsewhere in the City of Orono Municipal Code. Subd. 11. Certificate of Zoning Compliance. The Zoning Administrator shall issue a Certificate of Zoning Compliance for each activity requiring a permit as specified in Subdivision 10 of this section. This Certificate will specify that the use of land conforms to the requirements of this ordinance. Any use, arrangement, or construction at variance with that authorized by permit shall be deemed a violation of this ordinance and shall be punishable as provided in Subdivision 6 of this section. ORONO CC 376-7 *— r ; -'V ■ -* -«4<i^’«'r''- -T^ ♦ * -- .-.^r rtMT - - •-■>- -• --3 V . .. . • "v ' . -TO S 10.56 4 **’ Subd. 12. Variances. Variances may only be granted in accordance with Minnesota Statutes Chapter 462 and as otherwise regulated in the zoning chapter. When a variance is approved after the Department of Natural Resources has formally recommended denial in the hearing recordf the notification of the approved variance required elsewhere in this section shall also include the Planning Commission and City Council’s summary of the public record/testimony and the findings of facts and conclusions which supported the issuance of the variance. Subd. 13. Conditional Uses. Conditional uses allowable within shoreland areas shall be subject to the review and approval procedures, and criteria and conditions for review of conditional uses established in the zoning chapter. The following additional evaluation criteria and conditions apply within the Shoreland Overlay District: A. Evaluation Criteria. A thorough evaluation of the water body and the topographic, vegetation, and soils conditions on the site must be made to ensure: 1. The prevention of soil erosion or the possible pollution of public waters, both during and after construction; - 2. The visibility of structures and other ffacilities as viewed from public waters is limited? 3. The site is adequate for water supply and on-site sewage treatment? and 4. The types, uses and numbers of watercraft that the project will generate are compatible in relation to the suitability of public waters to safely accomodate these watercraft. B. Conditions Attached to Conditional Use Permits, The City Council upon consideration of the criteria listed above and the puirposes of this ordinance, shall attach such conditions to the issuance of the conditional use permits as it deems necessary to fulfill the purposes of this ordinance. Such conditions may include but are not limited to the following: Water Level? Increased setbacks from the Ordinary High be removed planted; or 2. Limitations on the natural vegetation to the requirement that additional vegetation be 3. Special provisions for the locations, design, and use of structures, sewage treatment systems, watercraft launching and docking areas, and vehicle parking areas. t ORONO CC 376-0 '.•V i 1 ;-Vr ”- •». '. 1^' • r t^i S 10.56 ■ ir- Subd. 14. Notifications to the Department of Natural Resources. Copies of all notices of any public hearings to consider variances, amendments, or conditional uses under this section must be sent to the Commissioner of the Department of Natural Resources and postmarked at least 10 days before the hearings. Notices of hearing to consider proposed subdivisions/plats must include copies of the subdivision/plat. Upon final action by the City Council, a copy of approved amendments and subdivisions/plats, and final decisions granting variances or conditional uses under this section must be sent to the Commissioner of the Department of Natural Resources and postmarked within 10 days of final action. Subd. 15. Zoning District Compliance with Minimum Requirements. The zoning district standards of Chapter 10 of the Orono Municipal Code currently comply with the lot size, lot width, permitted use and conditional use standards set forth by the Department of Natural Resources Shoreland Management Regulations, MR 6120.2500 - 6120.3900. The following City of Orono zoning districts are partially or fully located within the Shoreland Overlay District: LR-IA LR-IB LR-IC LR-lC-1 RR~1A RR-IB RR-lB-1 RS B-1 B-2 B-3 B-4 B-5 '^'1 The following Orono zoning districts are also potentially available for use within the shoreland areas: ■4j! '■'B-6 PUD R-IB R-IA Any future changes within the zoning districts listed above shall meet the DNR regulations effective 7-3-89. Subd. 16. Shoreland Overlay District Standards. The Shoreland Overlay District Standards are in addition to the requirements set forth in Chapter 10 for the various zoning districts. In case of conflict, the most restrictive provision applies. A. Minimum Lot Area/Lot Width Standards. Minimum lot area and lot width standards of the underlying zoning district shall apply, with the following exceptions: 1. No lot within'1000 feet of a General Development Lake and approved for duplex use per Section 10.20, Subd. 3 (f) shall be less than 135 feet in width nor less than 26,000 square feet in area if riparian, nor less than 17,500 square feet in area if non-riparian. ORONO CC 376-9 13 i f -M'J' S 10.56 2. No lot within 300' of a tributary and approved for duplex use per Section 10.20^ Subd. 3 (I) shall be less than 150 feet in width when no sewer is available, nor less than 115 feet in width when sewer is available. B. Lakeshore Access Lots. Lots intended as accesses to public waters or as recreation areas for use by owners of non-riparian lots within subdivisions are permissible and must meet the following minimum standards: 1. Any such lakeshore access lot shall be designated as an outlot, and shall not be considered as a buildable residential lot. 2. Such an outlot shall not be subject to minimum lot area or width standards, except that the number of inland non-riparian lots which may gain access via such outlot shall not exceed the number obtained by dividing the outlot width measured at the shoreline by the required zoning district lot width, rounded down to the nearest whcle number. 3. Such out-1 n-i- shall be jointly owned by all owners of non-riparian lots in the subdivision who are provided rip=»rian access rights on the access outlot. 4. No such access outlot shall be created as part of a subdivision plat except when the building lots within the subdivision are separated by an existing public or private roadway from the lakeshore, and the land on either side of the roadway was in common ownership as of the effective date of this ordinance. 5. Covenants or other equally affective legal instruments must be developed that specify which lot owners have authority to use the access lot and what activities arc allowed. The activities may include watercraft launching, loading, storage, beaching, mooring, or docking. They can also include other outdoor recreational activities that do not significantly conflict with general public use of the public water or the enjoyment of normal property rights by adjacent property owners. Exeunples of the non significant conflict activities include swimming, sunbathing, or picnicing. The covenants must limit the total number of vehicles allowed to be parked and the total nximber of watercraft allowed to be continuously moored, docked, or stored over water, and must require centralization of all common facilities and activities in the most suitable locations on the lot to minimize topographic and vegetation alterations. They must also require all parking areas, storage buildings, and other facilities to be screened by vegetation or topography as much as practical from view from the public water, assuming summer, leaf-on conditions. Such covenants are subject to City approval. ORONO CC 376-10 ■i . \i ?§ 10.56 C. Placement of Structures on Lots. V'hen more than one setback applies to a site# structures and facilities must be located to meet all setbacks. Structures shall be located as follows; 1. Structure and On-site Sewage System Setbacks (in feet) from Ordinary High Water Level: Setbacks ?r‘ ^ Public Water Structures Sewage Treatment 5 • Classification Unsewered Sewered System NE T5Ti 150 150 RD 100 75 75 GD 75 75 75 Tributary 100 75 75 2, Additional structure setbacks. The following additional structure setbacks apply, regardless of the classification of the water body; m Setback from; Top of bluff Setback (in feet) Unplatted cemetery Right-of-way line of federal, state or county highway and local public and private roads 30 50 30* ll' "4 # i'PSimmrn Except for detached garages on lakeshore lots as regulated in Section 10.03, Subd. 9 (D) and except for structures subject to less restrictive "side yard adjacent to street" setbacks as regulated in the various zoning districts. 3. Bluff impact zones. Structures and accessory facilities, except stairways, J andings, and lock boxes, must not be placed within bluff impact zones. I' 4. Uses without water-oriented needs. Uses without water-oriented needs must be located on lots or parcels without public waters frontage, or, if located on lots or parcels with public waters frontage, must either be set back double the normal Ordinary High Water level setback or be substantially screened from view from the water by vegetation or topography, assuming summer, leaf-on conditions. 5. Fences, docks, retaining walls. No. fence shall be placed within the shore setback zone. Portions of dock located landward of the OHWL shall be considered as a landing, subject to -he regulations for landings per Subdivision 16 (F) of this section. Retaining walls shall not be placed within the shore setback zone. ORONO CC 376-11 1 * .* rH: <■ < .A- S 10.56 r.. * ’• .■ ■"*'. y y* . # 6. Average lakeshore setback. No principal or accessory structure shall be located closer to the lakeshore than the average distance from the shoreline of existing residence buildings on adjacent lots, except that this does not apply to stairways, lifts, landings, and lockboxes. 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 mos- lakeward protrusions of the residence buildings on the immediately adjacent lakeshore lots. D. Minimum Lowest Floor Elevations. All structures located within the Shoreland Overlay District which are subject to the flood plain regulations of Section 10.55 of this ordinance shall be placed at an elevation consistent with the requirements of that section. The regulatory flood protection elevation shall be established as set forth in Section 10.55, Subd. 7 of this code. All structures constructed within *■ Shoreland Overlay District shall have their lowest floor, inci > . ‘ basement, placed at an elevation no lower than the regctc,ry flood protection elevation. Where the regulatory flood pj..-’ . elevation cannot reasonably be determined, the minimum elevation at which the lowest floor, including basement, may be placed shall be determined as follows; 1. For lakes, by placing the lowest floor at a level at least 3 feet above the highest known water level, or 3 feet above the Ordinary High Water Level, whichever is higher. 2. For rivers and streams, by placing the lowest floor at least 3 feet above the flood of record. E. Water-oriented Accessory Structures. The only water-oriented accessory structure allowed to be located nearer the Ordinary High Water Level than the normal structure setback as specified in this section shall be a lock box no greater than 20 square feet in area and no higher than 48 inches in height. Such a structure requires a building permit from the City. F. Stairways, Lifts and Landings. Stairways and lifts are the preferred alternative to major topographic alterations for achieving access up and down bluffs and steep slopes to shore areas. Stairways, lifts and landings shall be allowed in the shore setback zone and must meet the following design requirements: in width. 1. Stairways and lifts must not exceed 4 feet 2. Landings for stairways and lifts shall not exceed 32 square feet In area. 3. Canopies or roofs are not allowed on stairways, lifts, or landings. ORONO CC 376-12 I i i -'N. "j;.S^IFF § 10.56 4. Stairways, lifts and landings may be either constructed above the ground on posts or pilings or placed into the ground, provided they are designed and built in a manner that ensures control of soil erosion. 5. Stairways, lifts and landings must be located in the most visually inconspicuous portions of lots, as viewed from the surface of the public water assuming summer, leaf- on conditions, whenever practical. 6, Facilities necessary to provide shore area access to physically handicapped persons shall be allowed provided that the dimensional and performance standards of subitems 1-5 are completed in addition to the requirements of the Minnesota Regulations, Chapter 1340. 7. A building permit shall be obtained for construction of stairways, lifts and landings regardless of whether such improvements are constructed above, at or below grade. G. Steep Slopes, Any applicant requesting a permit for construction of sewage treatment systems, roads, driveways, structures, or other improvements on steep slopes, shall provide adequate information to allow the City to evaluate possible soil erosion impacts and development of visibility from public waters before such permit may be issued. When determined necessary, conditions shall be attached to issued permits to prevent erosion and preserve existing vegetation screening of structures, vehicles, and other facilities as viewed from the surface of public waters, assuming summer, leaf-on vegetation. H, Height of Structures. No structure within the Shoreland Overlay District shall exceed the height limitations set forth in the standards for the underlying zoning district. I. Vegetation Alterations. 1. No live tree within 75 feet of the shoreline with a diameter of 6 inches or more (or 19 inches in circumference or greater) measured 3 feet above the viround may be removed without first obtaining a permit from the City staff provided that at least the equivalent number of replacement trees of a size and nature found acceptable to the staff are planted at the same setback from the shoreline as those removed. Appeals of staff determinations as to type, size and quality of the trees to be replaced will be to the Council. Removal of trees that are dead shall not require a permit but such trees must be inspected by City staff prior to their removal. ORONO CC 376-13 • • A" m • V V.’iH -f. V* - ” *, ^ S 10.56 I Intensive vegetation clearing within 75 feet of the shoreline and on steep slopes within the Shoreland Overlay District is prohibited. Limited clearing of shrubs and trees less than 6 inches in diameter and cutting, pruning and trimming of trees of any size is allowed to provide a view to the water from the principal dwelling site and to accomodate the placement of permitted stairways and landings, picnic areas, access paths, beach and watercraft access areas, and permitted lock boxes, provided that the screening of structures, vehicles or other facilities as viewed from the water, assuming summer, leaf-on conditions, is not substantially reduced. J. Topographic Alterations/Grading and Filling, 1. Grading and filling and excavations necessary for the construction of structures, sewage treatment systems, and driveways under validly issued construction permits for these facilities do not require the issuance of a separate grading and filling permit. However, ail grading and filling activity approved permits for construction of structures, sewage treatment systems, and driveways shall adhere to the grading and filling standards of this section. 2. Grading, filling and excavating is prohibited within 75* of the Ordinary High Water Level of the public waters enumerated in Subdivision 7 of this section. 3. Public and private roads, driveways, parking areas, and public or private watercraft access reunps shall not be constructed within 75' of the Ordinary High Water Level of the public waters enumerated in Subdivision 7 of this section. If no alternatives exist, such improvements shall be subject to the standard zoning variance review procedure, and such review shall take into account the following considerations: a. Such improvements shall be designed 1:0 take advantage of natural vegetation and topography to achieve maximum screening from view from public waters. b. All roads and parking areas shall be designed and constructed to minimize and control erosion to public waters consistent with the requirements of all agencies with jurisdiction. t 4. Except for those projects requiring permits for construction of structures, sewage treatment systems, and driveways, a land alteration permit will be required as follows; ORONO C 376-14 ■'mm Ipli Ji?" -V'y'y, 'i .V r I ' 1 » -'sj. 1 - •> IN', •-N’-< § 10.56 a. For movement of i-100 cubic yards of material anywhere within the Shoreland Overlay District, a staff issued land alteration permit shall be required. EU- z . b. For movement of more than 100 cubic yards of material anywhere within the Shoreland Overlay District, conditional use permit approval by the City Council is required in addition to the required land alteration permit. ir.. 5. The following considerations and conditions must be adhered to during the issuance of construction permits, grading and filling permits, conditional use permits, variances and subdivision approvals: a. Grading or filling in any Type 2, 3, 4, 5, 6, 7 or 8 wetland must be evaluated to determine how extensively the proposed activity would affect the following functional qualities of the wetland: and retention; (1) (2) prevent or reduce flood damage; Sediment and pollutant trapping Storage of surface run-off to (3) (4) (5) (6) Fish and wildlife habitat; Recreational use; Shoreline or bank stabilization; Noteworthiness, including spe- W. K 4 ’ *•. » cial qualities such as historic significance, critical habitat for endangered plants and animals, or others. M:This evaluation must also include a determination of whether the wetland alteration being proposed requires permits, reviews, or approvals by other local State or Federal agencies including but not limited to watershed districts, Minnesota Department of Natural Resources, or the United States Army Corps of Engineers. 1^ b. A Iterations must be designed and conducted i*. a manner that ensures only the smallest amount of bare ground is >»-ad for the shortest time possible; c. Mulches or similar materials must be used, where necessary, for temporary bare soil coverage, and a permanent ve'retation cover must be established as soon as possible; d. Methods to minimize soil erosion and to trap sediments before they reach any surface water feature must be used; m ORONO CC 376-15 A,. ' V- 4 ■a i ; § 10.56 e. Altered areas must be stabilized to acceptable erosion control standards consistent with the field office technical guides of the local soil and water conservation districts and the United States Soil Conservation Service; f. Pill or excavated material must not be placed in a manner that creates an unstable slope; g. Plans to place fill or excavated material on steep slopes must be reviewed bv the City Engineer for continued slope stability and must not create finished slopes of 30% or greater; h. Pill or excavated material must not be placed in bluff impact zones; i. Any alterations below the Ordinary High Water Level of public waters must first be authorized by the Commissioner of the Department of Natural Resources under Minnesota Statutes, Seciton 105.42; j. Alterations of topography must only be allowed if they are accessory to permitted or conditional uses and do not adversely affect adjacent or nearby property; k. Placement of natural rock rip rap, including associated grading of the shoreline and placement of a filter blanket, is permitted if the finished slope does not exceed 3 feet horizontal to 1 foot vertical, the landward extent of the rip rap is within 10 feet of the Ordinary High Water Level, and the height of the rip rap above the Ordinary High Water Level does not exceed 3 feet. A rip rap permit rhall be obtained per the requirements of Section 10.03, Subdivisions 22, 23 and 24 of this zoning code. 6. Connections to Public Waters. Excavations where the intended purpose is connection to a public water, such as boat slips, canals, lagoons, and harbors, are prohibited above the Ordinary High Water Level. Such excavations below the elevation or the Ordinary High Water Level are subject to approval of the Department of Natural Resources and othei agencies with concurrent jurisdiction. K. Storm Water Management. The following general and specific standards shall apply in addition to those standards found in Sections 10.55 and 11.41 of the Orono Municipal Code: 1. When possible, existing natural drainageways, wetlands, and vegetated soil surfaces must be used to convey, store, filter and retain storm water run-off before discharge to public waters. 376-16 ft ■ ;v -t I. ‘ ; . . *1 . ♦ kVi'. i:m^. ■';a4 -S*^, f~:<w S 10.56 2. A development must be planned and conducted in a manner that will minimize the extent of disturbed areas, run-off velocities, erosion potential, and reduce and delay run-off volumes. Disturbed areas must be stabilized and protected as soon as possible and facilities or methods used to recain sediment on the site. 3. When development density, topographic features, and soil and vegetation conditions are not sufficient to adequately handle storm water run-off using natural features and vegetation, various types of constructed facilities such as diversions, settling basins, skimming devices, dikes, waterways, and ponds may be used. Preference must be given to designs using surface drainage, vegetation, and infiltration rather than buried pipes and manmade materials and facilities. 4. When constructed facilities are used to perform water management, documentation must be provided by a registered professional civil engineer that they are designed and installed consistent with the field office technical guide of the local soil and water conservation district. 5. New constructed storm water outfalls to public waters must provide for filtering or settling of suspended solids and skimming of surface debris before discharge. L. Hardcover Limitations. 1. No hardcover or impervious surface shall be placed, located, or constructed within 75 feet of the Ordinary High Water Level of any lake or tributary, except for stairways, lifts, landings, and lockboxes as regulated elsewhere in the Municipal Code. 2. Between 75 feet and 25C feet of the OHWL there shall be no greater than 25% hardcover. Between 250 feet and 500 feet of the OHWL there shall be no greater than 30% hardcover. Between 500 feet and 1000 feet of the OHWL there shall be no greater than 35% hardcover. M. Standards for Commercial, Public, and Semi- Puolic Uses. 1. Surface water-oriented commercial uses and public or semi-public uses with similar needs to have access to and use of public waters may be located on parcels or lots with frontage on public waters, if permitted by the underlying zoning district standards. Those uses with water-oriented needs must meet the following standards: ORONC CC 376-17 . c P'* . . , Tt- t'.- 4 r'4.^ S 10.56 a. In addition to meeting impervious coverage (hardcover) limits, setbacks, and other zoning standards in this ordinance, the uses must be designed to incorporate topographic and vegetative screening of parking areas and structures. ■■■ < b. Uses that require short-term Watercraft mooring for patrons must centralize these facilities and design them to avoid obstructions of navigation and to be the minimum size necessary to meet the need. i. 'KK'v'’ . c. Uses that depend on patrons arriving by watercraft may use the minimum amount of signage and lighting necessary to convey needed information to the public, subject to the following general standards: (1) No advertising signs or supporting facilities for signs may be placed in or upon public waters. Signs conveying information or safety messages may be placed in cr on public waters by a public authority or under a permit issued by the County Sheriff. (2) Signs may be placed, when necessary, within the shore setback zone if they are designed in size to be the minimum necessary to convey needed information. They must only convey the location and name of the establishment and the general types of goods or services available. The signs must not contain othe? detailed information such as product brands and prices, must not be located higher than 10 feet above the ground, and must not exceed 32 square feet in size. If illuminated by artificial lights, the lightr iri-' ' le shielded or directed to prevent illumination out across put ■ « ers. (3) The aggregate square footage of sign space per property shall not exceed the limitations on sign square footage as regulated in Section 10,61. (4) Non-sign related outside lighting may be located within the lakeshore setback zone or over public waters only if it is used primarily to illuminate potential safety hazards and is shielded or otherwise directed to prevent direct illumination out across public waters. This does not preclude use of navigational lights. 2. Uses without water-oriented needs must ba located on lots or parcels without public waters frontage, or, if located on lots or parcels with public waters frontage, must either be set back double the normal Ordinary High Water Level setback or be substantially screened from view from the water by vegetation or topography, assuming summer, leaf-on conditions. ORONO CC 376-18 mm pi:i^ I s-<- § 10.56 ■»,v'-.r> T»N. Agricultural Use Standards. 1. When permitted in the underlying zoning district, general cultivation farming, grazing, nurseries, horticulture, truck farming, and wild crop harvesting shall be allowed in the Shoreland Overlay District except that no such activity shall occur within the shore setback zone nor on steep slopes or bluff impact zones. Steep slopes, shore setback zone and bluff impact zones shall be maintained in permanent vegetation. 2. Animal feedlots must meet the following standards : Wi; .rtv a. New feedlots, if permitted, must not be located in the shoreland of watercourses or in bluff impact zones and must meet a minimum setback of 300 feet from the Ordinary High Water Level of all public waters basins; and m ty ■ b. Modifications or expansions to existing feedlots that are located within 300 feet of the Ordinary High Water Level or within a bluff impact zone are allowed if they do not further encroach into the existing Ordinary High Water Level setback or encroach on bluff impact zones. 0. Forest Management Standards. The harvesting of timber and associated reforestation must be conducted consistent with the provisions of the Minnesota Non-Point Source Pollution Assessment-Forestry and the provisions of Water Quality in Forest Management "Best Management Practices in Minnesota". P. Extractive Use Standards, 1. Site Development and Restoration Plan. An extractive use site development and restoration plan must be developed, approved, and followed over the course of operation of the site. The plan must address dust, noise, possible pollutant discharges, hours and duration of operation, and anticipated vegetation and topographic alterations. It must also identify actions to be taken during operation to mitigate adverse environmental impacts, particularly erosion, and must clearly explain how the site will be rehabilitated after extractive activities end. 2. Setbacks for Processing Machinery. Processing machinery must be located consistent with setback standards for structures from Ordinary High Water Levels of public waters and from bluffs. I* Q. Water Supply. Any public or private supply of water for domestic purposes must meet or exceed standards for water quality of the Minnesota Department of Health and the Minnesota Pollution Control Agency. ORONO CC 376-19 ,.::V M *1 .1 1 J . iklam i, S 10.56 R. Sewage Treatment. Any premises used for human occupancy must be provided with an adequate method of sewage treatment per Municipal Code Secti*'*n 12.30. On—site sewage treatment systems must be setback from the Ordinary High Water Level in accordance with the setbacks contained in Section 10.56 r Subdivision 16 (C). Non-conforming sewage treatment systems shall be regulated and upgraded in accordance ^ith Subd. 17 of this ordinance. S. Significant historic sites. No structure may be placed on a significant historic site in a manner that affects the values of the site unless adequate information about the site has been removed and documented in a public repository. Subd. 17. Nonconformities. All legally established nonconformities as of the date of this ordinance may continue subject to applicable State Statutes and as regulated elsewhere^in the Orono Municipal Code. In shoreland areasr the following standards shall also apply: A. Construction on Nonconforming Lots of Record. Development or use of existing lots of record shall be regulated as set forth in Section 10.03, Subdivision 6 of the Orono Zoning Code. B. Additions/Expansions to Nonconforming Structures. All additions or expansions to the outside dimensions of an existing nonconforming structure must meet the setback, height, and other requirements set forth in the Orono Zoning Code. Any deviation from these requirements must be authorized by a variance pursuant to provisions of the zoning chapter. C. Nonconforming Sewage Treatment Systems. A nonconforming sewage treatment system as defined in Section 12.30 and located within the Shoreland Overlay District must be upgraded and made conforming, at a minimum, at any time a permit or variance of any type is required for any improvement on, or use of, the property. Further, the nonconforming sewage treatment system provisions of Section 12.30 shall apply to all shoreland areas. Subd. 18. Subdivision/Platting Provisions. A. Land Suitability. Each lot created through subdivision, including Planned Unit Developments or Planned Residential Developments authorized elsewhere in the Zoning and Platting Codes, must be suitable in its natural state^ for the proposed use with minimal alteration. In analyzing the suitability of land for a specific use, the City shall consider susceptibility to flooding, existence of wetlands, soil and rock formations with severe limitations for development, severe erosion potential, steep topography, inadequate water supply or sewage treatment capabilities, near-shore aquatic conditions unsuitable for water- based recreation, important fish and wildlife habitat, presence of significant historic sites, or any other feature of the natural land likely to be harmful to the health, safety or welfare of future residents of the proposed subdivision or of the community. ORONO CC 376-20 V/ —--- 1 I ■ ... 4 %■. ?l R r? q?liu If S 10.56 V; wm r^-/£ mm B. Consistency with Other Controls. Subdivisions shall conform to all official controls of the City of Orono. Subdivision will not be approved where a later variance from one or more standards in the official controls would be neede*- to use the lots for their intended purpose. In areas not served by publicly owned sewer and water systems, a subdivision will not be approved unless adequate and conforming water supply and sewage treatment systems can be provided for each lot in conformance with Section 12.30 of the Municipal Code. Each lot shall meet the minimum lot size and dimensional requirements set forth elsewhere in the Code, including at least a minimum contiguous lawn area, that is free of limiting factors sufficient for the construction of two standard soil treatment systems. Lots that would require use of holding tanks must not be approved. C. Information Requirements. Sufficient information must be submitted by the applicant for the City to make a determination of land suitability. In addition to information required by other provisions of the Zoning and Platting Codes, the following information shall also be submitted: 1. Topographic contours at 2 foot intervals showing limiting site characteristics. 2. The surface water features required in Minnesota Statutes Section 505.02, Subdivision 1, to be shown on plats, obtained from United States Geological Survey quadrangle topographic maps or more accurate sources. 3. Adequate soils information to determine suitability for building and on-site sewage treatment capabilities for every lot from the most current existing sources or from field investigations such as soil borings, percolation tests, or other methods . 4. Information regarding adequacy of domestic water supply? extent of anticipated vegetation and topographic alterations? near-shore aquatic conditions, including depths, types of bottom sediments, and aquatic vegetation; and proposed methods for controlling storm water run-off and erosion, both during and after construction activities. 5. Location of 100 year flood plain areas and floodway districts from existing adopted maps or data. 6. A line or contour representing the Ordinary High Water Level the toe and the top of bluffs, and the minimum building setback distances from the top of the bluff and the lake or streeun. D. Dedications. When a land or easement dedication is a condition of subdivision approval, the approval must provide easements over natural drainage or ponding areas for management of storm water and significant wetlands, as regulated in Section 10.55 of the zoning code. ORONO CC 376-21 4 1 f :•.:. , .:;V; .:-:x CT3 S 10.56 E. Lakeshore Access Lots. Lots intended as accesses to public waters or as recreational areas for use by owners of non-riparian lots within a subdivision must meet or exceed the minimum standards set forth in Subdivisir 16 of this section. Subd. 19. PRD/PUD Standards. A. Types of Allowed Planned Developments. Residential Planned Unit Developments ("Planned Residential Developments" or "PRDs") are allowed in the Shoreland Overlay District for new projects on undeveloped landr redevelopment of previously built sites, or conversions of existing buildings and land. Land use districts in which they are an allowable use are Identified in the individual zoning district descriptions in the zoning chapter. The following exclusion applies: 1. Rezoning to M-6 and development via the M- 6 PRD shall not be allowed within the Shoreland Overlay District. B. Commercial PUDs. Commercial Planned Unit Developments are limited to land v/ithin the Highway 12 corridor as set forth in the City of Orono Comprehensive Plan Amendment No. 2 adopted May 23, 1988. The following further restriction shall apply: 1. No land located within the Shoreland Overlay District shall be developed via a commercial PUD. Any proposed amendment to the zoning code which would allow commercial PUD development within the Shoreland Overlay District shall be subject to review by the Department of Natural Resources to ensure consistency with DNR requirements for shoreland areas. C. Processing of Residential Planned Unit Developments. Residential Planned Unit Developments (PRDs) shall be processed as a conditional use permit as required by the Individual zoning district standards. D. Application for a Planned Residential Development. The applicant for a PRD must submit the following documents, in addition to the Information required in Section 10.32, prior to final action being taken on the application request: 1. A site plan and/or plat for the project shwii 1 locations of property bourxdaries, surface water features, exist, ig and proposed structures and other facilities, land alterations, sewage treatment and water supply systems (where public systems will not Le provided), and topographic contours at 2 foot intervals. ORONO CC 376-22 t i jS - *. ly. ' •f*‘ rJMsm § 10.56 -'*( 'w 2. y ». Property owners association agreement with mandatory membership, in accordance with the requirements of this ordinance. 3. Deed restrictions, covenants, permanent easements or other instruments that; iisw-a) Properly address future vegetative and topographic alterations, construction of additional buildings, and beaching of watercraft; b) Ensure the long-term preservation and maintenance of open space in accordance with the criteria and analysis specified in this ordinance. vv X y?I- 4. Those additional documents as requested by the City of Orono that are necessary to explain how the PRD will be designed and will function. •i- »’ .. T-' E. Site "Suitable Area" Evaluation. Proposed new or expansions to existing PRDs must be evaluated using the following procedures and standards to determine the suitable area for the dwelling unit/dwelling site density evaluation. ! -f - ' ’ • 1. The project parcel must be divided into tiers by locating one or more lines approximately parallel to a line that identifies the Ordinary High Watpr Level at the following intervals, proceeding landward; Shoreland Tier Dimensions General development lakes- first tier General development lakes- second and additional tiers Recreational development lakes Natural environment lakes Tributaries Unsewered Sewered (feet)(feet) 200 200 267 200 267 267 400 320 TOO 300 2. The suitable area within each tier is next calculated by excluding from the tier area all wetlands, bluffs or land below the Ordinary High Water Level of public waters. This suitable area and the proposed project ire then subjected to the PRD density evaluation steps to arriv / *1’ an allowable number of dwelling unxts or sites. ORONO CC 376-23 .1! i1 ¥ I1 10.56 F. PRD 'Allowable Density' Evaluation. The procedures for determining the allowable density of a PRD is as follows: m M t • 3t- r- . ir V S' W.‘- 9-^ ^■v 1. The suitable area within each tier is divided by the single residential lot size standard of the underlying zoning district, yielding the allowable number of dwelling units or sites for each tier (Fractions shall be rounded down to the nearest whole number, but may be transferred as noted below). 2. Allowable densities or numbers of units or excess fractions of units may be transferred from any tier to any other tier further from the water body, but must not be transferred to any other tier closer. 3, No density increases based on increased setbacks or other factors will be allowed. G. Maintenance and Administration Requirements. 1. Before final approval of a PRD, adequate provisions must be developed for preservation and maintenance in perpetuity of open spaces and for the continued existence and functioning of the development. 2. Open Space Preservation. Deed restrictions, covenants, permanent easements, public dedication and acceptance or other equally effective and permanent means must be provided to ensure long-term preservation and maintenance of open space. The instruments must include all of the following protections: a. Commercial uses prohibited. b. Vegetation and topographic alterations other than routine maintenance prohibited. c. Construction of additional buildings or storage of vehicles and other materials prohibited. prohibited. d. Uncontrolled beaching of watercraft 3. Development, organization and functioning. Unless an equally effective alternative community framework is established, when applicable, all PRD's must use an owners association with the following features: a. Membership must be mandatory for each dwelling unit or site purchaser and any successive purchasers. b. Each member must pay a pro rata share of the Association's expenses, and unpaid assessments can become liens on units or sites. ORONO CC 376-24 1 |(^t: . •’PjppnrwTfT/ S 10.56 c. Assessments must be adjustable to accomodate changing conditions. d. The Association must be responsible for insurancer taxes, and maintenance of all commonly owned property and facilities. if H. Open Space Requirements. PRD's must contain open space meeting all of the following criteria: P 1, At least 50% of the total project area must be preserved as open space. 2, The following items shall not be included in the computation of minimum open space: lilii i: a. b. c. d. e. f. Dwelling units or sites. Road rights-of-way. Land covered by road surfaces. Parking areas. Structures. Commercial facilities or uses. 3. The following items shall be included in the computation of minimum open space: V. ■m a. Wetlands. b. Significant historic sites. c. Unplatted cemeteries. d. Other areas with physical characteristics unsuitable for development in their natural state. A A e. The lakeshore setback zone, based on normal required structure setbacks, must be included as open space. For PRDs, the entire lakeshore setback zone must be preserved in its natural or existing state, except for those improvements necessary to provide reasonable pedestrian access to the water body as regulated elsewhere in the zoning code. 4. Open space may include subsurface sewage treatment systems if the use of the space is restricted to avoid adverse impacts on the systems. ORONO CC 376-25 mmm § 10.56 l-X 'V . ■ 7''** ■ :m-m fF^ 5.The appearance of open space areas, including topography, vegetation, and allowable uses, must be preserved by use of restrictive deed covenants, permanent easements, public dedication and acceptance, or other equally effective and permanent means. I. Erosion Control and Stormwater Management. Erosion control and stormwater management plans must be developed and the PRD must: 1. Be designed and the construction managed to minimize the likelihood of serious erosion occurring either during or after construction. This must be accomplished by limiting the amount and length of time of bare ground exposure. Temporary ground covers, sediment entrapment facilities, vegetated buffered strips, or other appropriate techniques must be used to minimize erosion impacts on surface water features. Erosion control plans approved by the Minnehaha Creek Watershed District may be required if project size and site physical characteristics warrant; and 2. Be designed and constructed to effectively manage reasonably expected quantities and qualities of storm water run-off. Impervious surface coverage within any tier must not exceed 25% of the tier area except that credit for unused hardcover allowance in tiers near the lake may be used in tiers further from the lake. J. Centralization and Design of Facilities. Centralization and design of facilities and structures must be done according to the following standards: 1, PRD's must be connected to publicly owned water supply and sewer systems, if available. On-site water supply and sewage treatment systems must be centralized and designed and installed to meet or exceed applicable standards or rules of the Minnesota Department of Health, the Minnesota Pollution Control Agency, and as regulated elsewhere in this ordinance. On-site sewage treatment systems must be located on the most suitable areas of the development, and sufficient lawn area free of limiting factors must be provided for a replacement soil treatment system for each sewage system. 2. Dwelling units or sites must be clustered into one or more groups and located on suitable areas of the development. They must be designed and located to meet or exceed the following dimensional standards for- the relevant shoreland classification: a. Setback from the Ordinary High Water Level. b. features. Elevation above the surface water c.Maximum height. ORONO CC 376-26 .-•■'I ^ [V'v ■ ■ ' •■ •1 7 , X -msiiff t\'. ii’" li^r%., ■t A -■ ) Ml • •♦fT ■'jU:- :-“^v 4; m »■ f T: m w.,4^ 10.56 •"r ■ 4 • c t.;-' ¥'V 3. Shore recreation facilities including but not limited to swimming areas, docks and watercraft mooring areas, must be centralized and located in an area suitable for them. Evaluation of suitability must include consideration of land slope, water depth, vegetation, soils, depth to ground water and bedrock or other relevant factors. Th^ number of dwelling units or sites which may be granted lake access shall not exceed the number of riparian dwelling units or sites which could be created under a standard subdivision. The allowable number of dock slips or moorings and the designation of which dwelling units or sites shall have the right to use those slips or moorings shall be subject to Council approval and shall be defined in the covenants governing the PRD. In no case shall the number of slips or moorings exceed the number allowed under the official controls of the Lake Minnetonka Conservation District. All docks serving three or more dwelling units shall be subject to the Joint Use Dock Licensing requirements in Chapter 5 of the Orono Municipal Code. 4. Structures. Parking areas and other facilities must be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks, color, or other means acceptable to the City, assuming summer, leaf-on conditions. Vegetative and topographic screening must be preserved, if existing, or may be required to be provided. 5.Accessory structures and facilities must ]_-neet the required principal structure setback and must be centralized, except for those pedestrian access and equipment storage structures allowed elsewhere in this code. K. Conversion. Existing resorts or other land uses and may be converted to Planned Residential Developments if all of the following standards are met: 1. Proposed conversions must be initially evaluated using the same procedures for PRD's involving all new construction. Inconsistencies between existing features of the development and these standards must be identified. 2. Deficiencies involving water supply and sewage treatment, impervious coverage, open space, and shore recreation facilities must be corrected as part of the conversion or as specified in the conditional use permit. 3. Shore setback zone and bluff impact zone deficiencies must be evaluated and reasonable improvements be made as part of the conversion. These improvements must include where applicable the following: a. Removal of extraneous buildings, docks, or other facilities that no longer need to be located in shore setback zone or bluff impact zone. ORONO CC 376-27 V -I mm K * Ifl* p-"'®@^|?|r § 10.56 b. Remedial measures to correct erosion sites and improve vegetative cover and screening of buildings and n4-hA%* 1 -i A« Aft awaH from the water* c. If existing dwelling units are located in the shore setback zone or bluff impact zone, conditions shall be attached to approvals of conversions that preclude exterior expansions in any dimension or substantial alterations. The conditions must also provide for future relocation of dwelling units, where feasible, to other locations, meeting al"! setback and alteration requirements when they are rebuilt or replaced. 4. Existing dwelling unit or dwelling site densities that exceed the standards in Subdivision 19(F) may be allowed to continue but must not be allowed to be increased, either at the time of conversion or in the future. Efforts must be made during the conversion to limit impacts of high densities by requiring seasonal use, improving vegetative screening, centralizing shore recreation facilities, installing new sewage treatment systems, or other means. Subd. 20. Riparian Access and Rights. For properties which as a result of the designation of the OHWL are found to abut the boundary of a lake, stream, or tributary, no section of this Code shall be construed as obligating the City of Orono to approve variances to provisions of the Code prohibiting physical improvements, structures or land alteration within protected wetlands, flood plain areas or shorelands. Nothing in the Code shall be considered as establishing or increasing riparian rights. This section of the Code is intended to regulate land use and establish building and zoning restrictions only. Subd. 21. Amendments. All amendments to this section, including eunendments to the official maps, must be submitted to the Commissioner of the Department of Natural Resources prior to adoption. Further, amendments to underlying zoning district standards which may be in conflict with this section must also be submitted to the Commissioner of the Department of Natural Resources prior to adoption. ORONO CC 376-28 't s £XH. C The following revisions to the Definition sections of the Zoning (Chapter 10) and Subdivision (Chapter 11) codes are proposed, as a complement to the Shoreland Regulations: Revise the definition of "Building Height" in Section 10.02 as ‘follows: mmmm 13, "Building Height" - The vertical distance ^•roHH-tho ole»*at-i<MV between the highest adjoining ground level at the building or ten feet above the lowest ground level, whichever is lower t-o and the top of the cornice of a FTat roof, to or the deck line of a mansard roof, to-a-point-of-the 4>q. or the uppermost point on a round or other arch type roof -f—to-the-me«tn—d-ire>tanee or the average height of the a pitched or hipped roof. Topographichighest gable on of changes which elevate the adjoining ground level above the inexisting terrain shall not be considered determining iiv.;- ■ building height. Revise the definition of "Setback", Subdivision Code Section 11.03 as follows: 55. "Setback" - The e-h-o-rt-e^t horizontal distance between a structure^^ system, or “FacilTty and a natural feature, ^ J^op©^ty linejr_ right-of-way linej^ OHWL, structure, system, or other facility -naaares4>--the«>to. Revise definition of "Lot Width" in Section 10.02 and 11.03 as follows; (Subdivision Code, Section 11.03, Existing definition) 28. "Lot Width" - The shortest dimension between opposite lot lines measured at all of those points as required by the zoning chapter of the City Code and this chapter. (Zoning Code, Section 10.02, Existing definition) 43, "Lot Width" - The maximum horizontal distance between the side lot ^ine of a lot measured parallel to the front lot line and at the rear of the required front yard, m -yy." .■y w >. . . . . . . . . . I 1 ."fsoi* t-tf 'y \ y:.C- mm- Pxi. #•: i. ■ my ^ u m ’Mm T* --y -''AC.:* - O' ■ - m ki ^ *^i I ■ i ?»y li.;o-i* . (; E. lim- ■f.' i \l -: ■ AJ i®^FF b. For lots which abut a lake or tributary, at the shoreline measured in a straight line between the points at which the side lot lines intersect the OHWL, and at the required structure setback from the OHWL, measured in a straight line between the points of intersection of the side lot lines with the structure setback line. Revise definition of Ordinary High Water Level in Section 10.55 "Flood Plain and Wetlands Management", to be identical to the definition of OHWL in proposed Section 10.56. The existing 10.55 definition reads as follows; 10. "Ordinary High Water Mark" - A mark delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape. The ordinary high water mark is commonly that point where the natural vegetation changes from predominately aquatic to predominately terrestrial. This definition will be revised to read as follows: 10. "Ordinary High Water Level (OHWL)" -* The boundary of puolic waters and wetlands, and shall be an elevation delineating the highest water level which has been maintained for a sufficie.it period of time to leave evidence upon the landscape, commonly that point where the natura" vegetation changes from predominantly aquatic to predominantly terrestrial. For water courses, the ordinary high water level is the elevation of the top of the bank of the channel. For reservoirs and flowages, the ordinary high water level is the operating elevation of the normal summer pool. The designated OHWL has been determined by the Minnesota Department of Natural Resources for certain water bodies as indicated in Section 10.56. Revise the zoning code definition of "Structure" (Section 10.02.69) to match the definition of "Structure" currently in Orono's subdivision code (Section 11.03.62) as follows; Structure" - Anythingj_ or part thereof , which is built. constructed or erected, an edifice or building of any kind, or any piece of work artifjj^ally built up or composed of parts joined together in some definite manner, -t-he--u-ee —ef which requires a location onj,^ below, or above the groundj_ land, or water, or attached to something having a location on the groundj^ land, or water. i'u' *: ‘1: ':.m ■V ’ ^ Vj ^,>.V Chairman Kelley and Planning Commission Members Ron Moorse, City Administrator Jeannt> A. Mabusth, Building & Zoning Administrator February 11, 1992 Subject: #1711 Edwin J, and Tracee Gibbs, 1135 Loma Linda Avenue Variance - Public Hearing Pertinent Ordinances 1.§mm Ms Section 10.03, Subd. 9 (D) - Accessory structures must be located no closer to the street setback line than the existing principal structure. Applicants propose placement of garage completely in front of principal structure located 55' from the street lot line. Principal structure is set approximately 94' from the street lot line. Review of Setbacks ^ :4: Required = 35’ Principal structure setback Proposed garage = 55' 94' Section 10.03, Subd. 14 (C) - Lot coverage. mmmm Total lot area *= 16,287 s.f. or .37 acres Allowed lot coverage = 2,443 s.f. or 15% Proposed coverage ~ 1,934 s.f. or 11.9% No variance required Section 10.22, Subd. 2 - Hardcover within 250-500' setback area. Total area = 16,287 s.f. Allowed hardcover = 4,886 s.f. or 30% Existing * 3,856 s.f. or 23.6%* Proposed * 3,914 s.f. or 24% V'f; •'•ii ‘Applicants hardcover calculations included portions of paved driveway located in road right-of-way for Loma Linda Avenue. Refer to Exhibits D and H. Hardcover within the boundaries of the property totals out at 1,586 s.f. Please note applicants have provided the hardcover inventory. Staff is unable to confirm paving hardcover adjacent to drive but all other improvement areas have been confirmed. • -I ■ i; ■ m St-. Zoning Pile #1711 February 11, 1992 Page 2 mMmimmm m'nm m:wmmi:'... '. im&imm List: of Exhibits -* A “ Application B - Property Owners List C - Plat Map D - Hardcover Fact Sheet E - Applicants Site Plan F - Survey G - Applicants Hardcover Sketch H - Staffs Hardcover Sketch i - Front Elevation J ~ Spec Sheet •V.-X?' W: Description of Request The City approved the recent vacation of the 20* easement to the west side of the property adding 3,260 s.f. to lot area. Applicants now propose construction of a 24'x26* detached garage placed 10* to the front of whe principal structure. The majority of the detached garage will be placed over existing paving hardcover. Refer to lot coverage standards set forth above. Applicants' proposal still conforms to lot coverage controls on their property at .37 acre. The drive will not be expanded as a result of the garage improvements Review of Hardships Please review Exhibit A. Applicants note the front yard is the only suitable area to install garage because of steep topographies to the north, limited lot width and principal structure has been placed to the rear of the property. mm mmm ^mmm r" Vs t- : •V f ■ • - . •I#- '•'6. r' '• .■*r ' J Jr S mm JM m f:\ F.:#■■ 'r ^fli/ CITY OP ORONO - VARIANCE APPLICATION Ji. i*. Initial Application Fee $175.00 ($50.00 per each additional variance) Renewal Variance Fee $100.00 (no change from original application) j Variance for non conforming use $200.00 After-the-Fact Fees (Double application fee) V'; v: ■t ■. PROPERTY INFORMATION « Site Address 1135 lorm L\nna i hL CITY OF OF&O c-ah\kirc nccTPCI ^nniiLri. ui I jkwi. Property Identif. Number (P.I.D.) Attach legal description to application if not included on required survey. Date Propert*' Acquired j I - 'ZP •‘M l_ _ _ _(month/year) 1350200000 01 QES 175.00verxiiJ.00 I (do)(do not) also own the adjacent parcels of land. ucrcTOT^yuMii' ynnI I nnni\ i UU n232650 COCi f<01 714:3 or/15/9 Present use of property: _residential Zoning District: Lfi - I _ _ _ _ _ _ _ _ other(specify) APPLICANT Phone (home ) 4-1Z - Z7 (oAr Name rudlMin J 6\IqoS ^.~\hone (work ) 3 -^Z235 rtKi:Address; ILT) U')tYY:i bn(Vl City; Orr.nA Zip:i OT«NEjc< (if different than applicant)Phone (home):a Ncune Phone (work) Address:City:Zip: DESCRIPTION OP REQUEST Estimated Construction Cost $ (n >000 ^ Describe request in detail: WoUld llkg build CL dt^arYyFC Qrooe in -frent )r\njE^25.i VARIANCES REQUIRED Lot Area : v/; Lot Width Setback Front _ _ Hardcover_ _Lot Coverage Side _ _ Rear . Average Lakeshore Other (specify) BARDSHIP/DBSCRIPTION op unusual PROPERTY CONDITIONS Describe undue hardship or practical difficulty and unusual property conditions preventing compliance with Zoning Code requirements: i- re.- ‘.^.* (attach additional sheets if necessary) REQUIRED SUBMITTALS All of the following information must be submitted by the application deadline date in order for your application to be considered cooiplete; %’t % V ■r- 1« Completed Application Form 2. Certified Property Owners List of owners within 150' (you must obtain this list from Hennepin County Department of Finance A-603 Govt Center • 348-3271). 3. v^Plat Map (obtained with property owners list). 4. \/Certificate of survey (signed by a licensed surveyor) to include hardcover calculations as required (provide one (1) copy 8%‘*xll" for reproduction). 5. V Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed (provide one copy BJi^xll"). \/ Sketches or plans of floor & elevation views (provide 1 copy 8%"xll”). 1,) __As an addendum to this applicationr please attach a separate list of any other persons you wish notified of this application. 8._ _Additional items as may be requested by City staff. & The Applicant and Property Owner must sign this application. Please remember that your variance application is not complete if the above Information has not been Included. r^' APPLICANT'S SIGNATURE t.‘he applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay addition** 1 fees (staff time not covered by original fee payment) and/or consultant expenses Incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. Applicant's Signature c<yujvK_^' —•—. { Date 10 OWNERS SIGNATURE The owner hereby ackowledges and agrees to this application and further autl.Ajrizes reasonable entry onto the property by City staff, consultants, agents. Commission members, and Council members for purposes of investiga tion and verification of this request. Owner * a Signature Date \' IG Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled zmvlew meetings of the Planning Commission and Council. If an applicant Is unable to attend & scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. .mm, I H t «v • I -4 ^-- i i V'U ■' •,^...... ’ r: ; •»' . • ? . *'./ *^- ^ * . 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V -/'.K w'v-i..'; - v;,.’. -f ;>;'..-'4..:ivv-.>; .r>7|;3lJ;rv-.-.•■.^/.•.;i^^^■.c• iZ . ..v . • * ■<: '■•.>•♦»•* -.-«,<>*^ ^ *.T' ^ •*' ' ^ ■• ’.-v.*'^ f.* *' •••'’’•■ • -• l;*-. ^t.-- V,. ^_ V ;;^, •* •,:;-J_-; .. ' •’vt' •^^y.^y■i■^''*-* >-^. '■ ‘ 'ui'’; *!'•’. ..•^*, ^:' :■ i ^"'iJ>,%r'*4*'C.r*-' ?.^ ►•, *V^' t• »•**•• -,-' •. ..*•- . # ' -. rS-.>» s «, •; -i liffahV* fcf# it-rrrVi ^iiTl ~ TPtfi^^¥«iiitrTr^^ . *v . >. ; AV =■ w -^4 -> r • ■V. ■- ■ •*• *‘;f.. r-Tv • \« * «. •. » • * . *. i ' ^■'-.•.;vV; ' •• •• * » 01*' r. .r w • L . ■ C-- .•, ^rf , •V ^**» •>• ■ *. .#»y*' .’ '.-r^ * • 3'HARDCOVER CAICUUTION WORKSHEE ScTBACK ZONE: (CIRCLE ONE) 0-^5' 75-250' (250-500' Existing Hardcover in Zone Z9.Z 500-1000' A. ■ House •r.,^ PropO ‘-^Cl B. Garage c. Driveway m » ■ ■«,.■■■m n F.Landscape AREAS UNJB§BLAU< BY PLASTIC SHEETING \e5 G. Other 2.5.1^ X 1»><2 3JO S.F, LENGTH WIDTH S.F.2. S.F.1 S.F. 34 - \ J ^ - '■ Zb . - J \ X 10!) V 14 t ?3 :lAL D.. Sidewalk _/I A A 42 k^n-iet E, -pATtO/B eckS\dcuuO\L..Ai ft' 4- 28 '•>21 £3 - S.F. 1,J-i /' ^ ^ \ L'iddma \ ‘-V, / wv_-_py S.F. a - hX^33 / '■"rp/- '4 ^*'^4 S.F. ...'60 ...___ 3.p; 9^4^ “ _ S.F. a 9-9.‘4- _ __ S.F. .2.9 _ _ s . F. •V ■ ' '44 V.- mmm _ S.F. :Z ' _ f - 7:’ S.F. I.: S.F. -i - n. jA "2d 2 5 43 S.F. Total Hardcover in Zone Total Property Area in Zone b,ni »• - S.F.B 4Z04 e 1 lfc.Z27 k 100 rl6)■o7r4?r^,' ^2: 6{ll ----^%f-u Z07o %t(jL) tIf Ave. ,ocation xoperiy / / # 17I « w -I ■m ,?■? • f‘f teai^iii A- ;• ■»_ i - . -- .•___.1.4. fc»— ■W I , / * , ♦ I . » f ffwyh fft i^ii iifatiiinio ■■'•^~*------■■-i^ilk.l............,.*'i«i m K* '■ • w-r ^ k #v ‘ -..JSSSSSS^SSSm K:r^' '\'^v. t i "f»r •—tv-'.* -" • •**Cr V SUSSEL rnmi 3 tasii i •it''., ' ^ ' ■ T •• K ^ ' "■'* V:' . V 'V t ... - •• • GMLMSES •» *• . i’ J; 8USSEL C0RP0RAT1OM '' “ r;™— Como Av«. Si Pool, MN 55108 U:. ^*: .K 1;. : PhofMi:^2)848*<»1; • V ; ^ i.i.^.... i j. ... •. ler’s ; Mama; ____ • ■ < . * ** t » »* ♦ ' » .» i .^ , T • L « - h i. ... I- w»- -•» • * ------- • *^fr—'/r , rf*»r . « .•« i 1 •-'..t- w:r • * ' I •>—•• — - * sr: • f »• - *.• -■ - - ^ k 1' V ^ DATE « ,* * * * • • 1 * * • • .. ... ■, V- •'7'!*’’ ■*' '■ ■“ ,-■• *. . ■*. ;»J * ••,.*•* ’ .• ’ •‘j ..... ,, . , Z“?X i; - t •V .^5 Ka . * y t. a*-..M * . »JU,. ..... ^ V *• if I.!:-,- V/' •;iv.;rv--wr •• •!• •“ SIZE OF GARAGE' ... _ . MM.. •‘a ■ -.> ..X. ;.t .a - . ... ^ •. . • • ^ * * >• .• — - t 'a.W.1 . • t ‘ : ,: rJ :• ;;•:• V' * f -'■••• Single ./“■ Double'-- □ 14x22 □ 18x22 □ 16x22 □ 20x22 ,i .^.9^ e.Other • I*. •• I I « »« '40TE: First dimension is width L ROOF STYLE “Near-Blir Framed by SUSSEL ,16X22^: □ 20xg :,;, ^ ^'x.3 ‘Z Built by SUSSEL .. -...t h*. ^ 22X2Z. ^ M i Qj Detached ••:* □ Attached .... □ 24x22 »•.' T^. •* - -V;*.. *. • - !*' □ GABLE Have Overhang (Circle One) 12' 18' 24' Rake Overhang Flush 12' 18 □ REVERSE GABLE Eave Overhang (Circle One) 12' 18' 24' Rake Overhang Flush 12' 18' ^^Eave Overhang (Circle One) H2y 18' 24' S. AspnaUi dS^ibergJas^ shingles with exte^'or grade roof sheathing. J. RAFTERS: B 2 x 6 ’s Conventional Framing □Manufactured Trusses L STUDS: 2 x 4's O.cT) "~V^\ Height^.a^Or L WALLSHEATHING ^ 1/2'Graylite □ 25/32'BUdrite □1/2'Plywood □ 1/2'Wafer Board □ None .. OVERHEAD DOOR: J/c= x7_'- □ □X □□ Wood Panel Glass □ No Glass Raised Panel Raised Redwoc-d Z F\ustr^^ □ Textured □□□ Steel Ribbed Raised Panel . SERVICE DOOR £S Yes □ No ^ 2'8' X 6'8' □ 3'0' X 6'8' □ Glass (Jf No Glass □ Wood jS Steel . Nurnber of Ranch Windows:Number of Skylites: . CEMENT SLAB:Included 12. BLOCKS: OB Reouired # of Courses.□ Concrete □ Blacktop n Driveway ^ Sq. FLflSK> Foot Apron) ■■■ □ Not Required ■, - . ' b REMOVALS Garage " " Slab ^.■' ^ Driveway /ctjf Sussel By Pu'Ch^iser . ELECTRICAL OHD OPERATOR . CLEAN UP . PERMIT t Notes . □ □ . □ Sussel □ I •□ : a ■ □ □ □ □ By Owner 0 -□ JP \ . □ Cash Price Equal Monthly Installments & $..Ter Month A££ TOTAL COST Cc?9^fL C>3 7,?^7)11^/U^ * ., 1 iii!^ T^ ‘ . ,w,r » ^r. Chairman Kelley and Planning Commission Members Ron Moorse, City Administrator Subject: r*:' Jeanne A. Mabusth, Building 6 Zoning Administrator February 12, 1992 #1712 - Edward F. Baker^ 3059 Farview Lane - Variances - Public Hearing Al^plication Applicant received approval of lakeshore setbacks/hardcover vlSriances within the 0-75' setback area and 26' wetland setback area for the reconstruction of stairways and decks on October 11, 1991. Current application involves a request for the City to reconsider a revised plan resulting in reductions in hardcove. and encroachment of the lakeshore protected area. Pertinent Ordinances 1. Section 10.22, Subd. 1 and 2. r*/'. . ''i' ;V- :V';V•; ■ . .VI v,.: ;V /Y ■ •• 'W.;./-'*i- vt;: ./V •v; k %■ 0-75' setback area = 19,300 s.f. Existing * 2,749 s.f. or 14.2% Approved with application #1685 * 1,264 s.f. or 6.5%* Proposed with current application •* 1,107 s.f. or 5.7%* Net reduction « 157 s.f. or .8% *Refer to Exhibit H 75-250' setback area as with Application #1685, hardcover is still below 25% allowed hardcover. Section 10.55, Subd. 8. Encroachment of wetland setback area. . i- . m-tback Required = 26' If Existing - 18' Proposed with application #1685 and current application = 16' * Variance *» 10' or 38% No change from findings approved with application #1685.h rdcover Allowed “ 0 Proposed application #1685 * 353 s.f. (hardcover area incorrectly reported at 310 s.f.) Proposed with current application * 390 s.f. Net Increase » 37 s.f. IP’ h. r'W ►v«-» » '•>. > ‘,> - :.‘^, . t ‘ ' .• ^Wy W .. |U4■^ Zoning File #1712 February 12, 1992 Page 2 W ■* •. Ti*: %. r>'-.'' i:-- ■' - Xdst: of Exhibits - A - Application B - Property Owners List C - Plat Map D - Application #1685 - Hardcover Improvements E - Current Application - Hardcover Improvements F - Application #1685 - Existing and Proposed Site Plans G - Current Application - Existing, Approved Proposal and Revised Proposal - Site Plan H - Hardcover Comparisons I - Resolution #3028 Approving Application #1685 r »t' r^v. '*• i. i Description of Reques Applicant now resides in the residence and after review of the comprehensive Improvement plan for his lakeshore yard now requests reconsideration of an amended proposal. It appears that with application #1685 much of the outdoor pool improvements or activity areas were placed in front of the viewing windows of the living room. The current application now places the majority of those improvements to the west resulting in a decrease of structure within the 0-75' setback area and a flight Increase in the wetland setback area as noted above by staff. In the original improvement plan the walkway around the west edge of the pool was limited to a maximum 2' width. The current proposal now provides a safer and functional connecting area. This expansion does result in a net increase of 37 s.f. of structure within the wetland setback area. As in the original review, the 10' high access way along the west side of the pool has not been included in the hardcover calculation. Total deck area has been reduced in size; approved with application #1685 was 1,322 (647 s.f. 0-75', 675 s.f. in 75-2S0'). Current proposal shows total deck area at 1,194 s.f. (490 s.f. within 0-75', 704 s.f. within 75-250' setback area). As in the earlier review, hardcover reductions result from the removal of existing hardcover improvements, i.e., brick paths, landscape areas underlined with plastic and removal of grade level patio areas. Statement of Hardships and Findings Planning Commission's original approval is based on the issues of safety and a logical design in relation to the pool and stairway. A major factor was obviously the reduction in hardcover. The original findings hold true for this second review. With application #1712 there are additional decreases in hardcover within the 0-75' and the deck structure is set further away from the 929.4 elevation. Based on current survey information, it is difficult to give an accurate setback but it appears to be an additional 7' to S'. L I ‘ijriMWi I ' I'-.e ■■•'■.-i -’■■ ■' ''■"‘iS Zoning Pi3 February 1 Page 3 "Djptlons of ActionIfei" 1. o ^■e>' < Approval as proposed. Approval based on proposed amendments. ' '.• ■ •^^’55 • - V : 12/31^^1 li:inc Ci i I Lr Ur.o. «•-# Oi^' .................... S o • */“* I I UUW .• ^r'iL2 CITY OP ORONO “ V3U*XANCE APPLICATION 4 f' ’ Initial Application Fee $175.00 ($50.00 per each additional variance) Renewal Variance Fee $100.00 (no change from original application) After“the“Fact Fees (Double application fee) #17 12 PROPERTY LOCATION Site Address property Identification Muiab.r {P«I.D.) 0^~ W'l-V^'^h-bOOi) Attach legal description to application if not included on required survey. APPLICANT Phone (hone) ^ Name ^ - Phone (work) Address;f^l^eK/ ^Au’^Citv; Zip. SS^y-^Kt) OWNER (if different than applicant)Phone (home) K'-Name Phone (work) Address:City:Zip: . 1. \ Date Property Acquired 2^7^ I (month/year) I (X) (do nor) also own the adjacent parcelc of land. PRESENT USE OP PROPEHTY Present zoning District ug-- 1^ Present Use of property €>li^bi^ ftynt-Y other (specify) CITY OF OROHO ----------------rm'R.CT'COTCf U50200000 01 CEH 175,00 CHECK JL 175,00 ResidenMiWIF'T-imK YOU H232930 cool ROl T13:^ 01/21/9 Estimated Construction Cost $ /CP, OQODBSCSaPTION OF REQUEST f^lU) k*:t VARIANCES REQUIRED Lot Area setback Variances ( _ Front Other _________________________ Lot Width ^ Hardcover Side ______ Rear). Jk. K> m IP Describe un THE ip or pra F ORONO 612-473-7357 006 ficulty resulting from strict Pcnu OPxMtl DB8CR1PTI0N OF UNUSUAL PROPERTY CONDITIONS Describe i^uaual prop^^^^oi^iti^ns pre^nt^g^^oro^L^inc^ with Zoning 1. U I. REQUIRED SUBMITTALS L- Completed Application Form Certified Property Owners List of owners within 150’ (you must obtain thia Hat from Hennepin County Department of Finance A-603 Govt Center 340-3271). Plat Map (obtained with properly owners list). Certificate of survey (signed by a licensed surveyor) to include hardcover calculations as required (provide one (1) copy 8*i"xll” for reproduction). Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed (provide one copy 8%"xll’'). Sketches or plans of floor & elevation views (provide 1 copy 8%‘’xll"). A8 an addendum to this application, please attach a separate list of any other persons you wish notified of thrs application. Additional items as may be requested by City staff. I. r. I. Applicant and Property Owner must sign this application. Please remember that vour variance application is not__complete—if—the—above jafonnatiozi has not"been included. APPLICANT’S SIGNATURE 'he applicant hereby agrees to_ _ provide all information required or •Rested by the Zoning A^ninistrator, agrees to pay additional fees (staff ime not covered by original fee payment) and/or consultant expenses acurred in review of this application, and certifies that the information Applied is true and correct to the best of his/her knowledge. Ijtpjfpplieant'a Signature Data NinCRS SXGHATURB he owner hereby ackowledges and agrees to this application and further thorites reasonable entry onto the property by City staff, consultants, exitsf Commission members, and council members for purposes of invest!ga— Ion and verification of this request.5 oner's Signature Cj^_______ Date tplicant must have all submittals into the city offices 25 days before ^e tanning Commission Meeting. Planning commission Meetings are held ^ lird Monday of each month. Applicants must be present at all scheduled 'lew meetings of the Plauming Commission and Council. If an applican ble to attend a scheduled meeting, please make arrangements to have an ithorised agent attend in your place and to advise the Buxlding o [flee of this change prior to the meeting. Z 'r ii'. I ^v- V ■ • ' ’ • „c ■ . - ■■• 41: ' ’.■ k • o o » M ti •ti m ■o n ar H » m ^ X m » rri c/) H ^ m M m m M X j-.'.. -J. 1 . ' . j v* :. •: :■ • <^ryv^.i,Vf,,,:;:;.,; ■, ‘::vf sss* ®'m, ^ ‘ : •. V* .■ gM" 0.1^3 M a 5 c/> m m > o > s r- w » O S S S O ? Xf- -*i a M Hr> , » t. r- m < _ M M CB > •-' • ro o 1-4 S ' In __In m IN in is: O VN IN 09 Oin ^ M O I M -n M > X I < M M INm X w IN QB n ooo N» Mr-r- Mi r- IN o Q O 9» 5 'N < 8 O M o > > 0* Xm < X _ H4 > 2 m X 2 X X r- X > > inin in IN M O O IN IN X 0* O •^4X o o I M M X M > X < IN9M INm *2 3 oo M IN § IN O O' o 5?O IN IN X X X O -< K O'o o r- "n c. c ^ > > > > I m < Z ^ 2 ^ 2 m XI 2 X ni m < is> ' ' M IN > : r* IN X X O IN Q o X» IN X2 ^ c > a 8 X f- •0» X o f- X ► I X t» Mm < c. -n M Mr- > N4 m c -4 X I n > < M M < M IN m r* m O X X X X r 5m X S ^ X X X H>-< OX r* X m m o X Q O XX 2 X Ti o8 XX X ^ Q I V-. ■ M mW c c. X X X X ■;.•<■• VV- 'X r ^IN > O K 555o >«• ft ‘-i; # X os ft X o o oX rn ffi g S Q| * A. R m ftt X x$ •.' *;•••.* •. X .. * ’. : ‘■W. S' . . - .V ' •• •• - • # 4 • '•* -♦ * iT 2. ■ “ •• . .*•* £* • - •'. ^ ^ -*• • • V -f* i ‘ f. »•• . .A- ♦ » / • •'Pr-* • V' V* ^ f .V tm7' WTIOT * (!2) (II) m FOK p- r'j.%,'r\ »itJ' .1! y “SITT ■• : 1S1 T« n s vr. 5*»*fT tm _fTf «• 967 Bay f ) sa.* HI5 • 7\ J '^14*j i =>«^^ /;’* ‘ »H r* ^ * t #»‘•.:. cl4 mi '■4‘ - •■ • i- , - ■ ■• ‘I:--: - •■ -..■■■ >i: ■ .:• ■v.rl ' i-... • V -• :i-'V.:-': 7, — —k ;-V;. V’ -T (5: ■* , i' - . - . > :v:V: y -rf.^ <r.| I ,ij^ Pli' nom BAKER ASSOCIATES, INC. ARCHltECTSiA.I^ V I 514 NICOLLEf MALL. SUITE 420 • MINNEAPOLIS. MINNESOTA TELEPHONE 339-8601 REVISED PROPOSED DECK QUANTITATIVE ANALYSIS Hardcover Previous Submission fivv Crest Plan. 8/22/91) A. Stairs from lawn to lake B. Stairs from deck to driveway C. Brick Path 160 sf(106?) 238 s£ m D. Deck in 0'-75' shoreline setback zone E. Deck in 75'-250'shoreline mm setback zone F. Pool G. Boulder walls M. Bituminous driveway I. Planting beds (plastic lined) m Revised Submission 160 sf 238 s£ 0 sf 647 sf 490 sf (157 sf less) 675 sf 563 sf 704 sf (29 sf more) 563 sf 110 Sf 109 sf 0 sf 'V Total hardcover in 0'-75' shoreline setback zone Percentage of total 0'-75' setback zone (19,300 sf) g Summary 1,264 sf 1,107 sf 6.5%5.7% pm The total deck area, and thus the total hardcover area, has been decreased by 128 sf (9.6%) in this revised submission. Although the deck area within the 75'-250' setback zone has increased slightly (29 sf), the deck area within the 0'-75' setback zone has decreased substantially (157 sf). The total hardcover area within the 26' wetland setback is 390 sf. The hardcover area within the wetland setback was previously calculated at 310 sf (see previous submission), but this figure seems to be in error and has been recalculated at 353 sf. In either case, the total hardcover within the wetland setback has increased slightly (37 sf). Despite this slight area increase, the deck has projected no farther into the wetland setback than in the previous submission - approximately 16'-0" from the wetland setback at its closest point. r'\ wm a: V'** vv- iHit,/--? _ CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3028_________ -«,3w-*r:.' K* ■*rv • i^'r A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 10.22r SUBDIVISIONS 1 AND 2, AND 10.55r SUBDIVISION 8 PILE #1685 -:■> ■ ■* s WHEREAS r Edward F. Baker (hereinafter "the applicai^) is owner of the property located at 3059 Farview Lane within the City of Orono (her^einaf ter "City") and legally described as follows: Lot 6, Block 1, Farview, Hennepin County, Minnesota (hereinafter "the property"); and no hardcover or structure is normally allowed, and encroaching on the 26' wetland setback line where no structure or hardcover is normally allowed. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota:FINDINGS I 1.This application was reviewed as Zoning File #1685 The property is located in the LR~1A, Single Family Lakeshore Residential Zoning District. The Orono Planning Commission reviewed this application A. fc-iK I l'-2' walkway around 3 sides. The decking around the pool and associated stairway to the lower level are necessary for safety and convenience. The proposed 10' encroachment of the normally required 26’ wetland setback is not of significant magnitude to outweigh the safety issues. Page 1 of 6 J ' ':?■ • mm: f.. O ■„ p \\ ■ffef t.^sk4 T i '..V M m CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3028__________ A hardcover deci-ease from 14*2% to 6.5% in the 0— 75’ setback zone supports a recommendation to allow construction of a new 647 s.f. deck to replace a pre-existing 315 s.f. deck in conjunction with removing portions of an existing wood patio. The existing deck, patio area, and plastic-lined landscape beds were constructed by a previous property owner without any apparent City approval. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the variances on the health, safety and welfare of the community. i •i- ■ -vv i\. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit intent of the Zoning Code and Comprehensive Plan of the City. COHCLUSIONS, ORDER AND CONDITIONS Based apon the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Sections 10. f Subdivision 8 and 10.22, Subdivisions 1 and 2 to permit the IISIt^!tS^in"g Hir/olVr ?n^ fe\1sho setback zone and 0-26* wetland setback zone structure or hardcover Is normally allowed, subject to tne following conditions: 1.Construction shall adhere to the site plan attached to this resolution as Page 3. Any revisions to that plan shall be subject to further City review. Page 2 of 6 a: I % '.m. ^ * <■ \ '■ '• r • ■ ■' wa -dv‘. mm RESOLUTION «3028 r Ir 1 ] W rs'Hieaai ' i.fss'sP 2.749 SP (14%) * J « /J VA 3 «•> I Utt J Jl| / »/,. If' IP I I , i ‘il' / ■'•'/ , I iIn. ,} f* w N ■V I !! 11*1}lumilii ijiij, p(Zo(^oS€t> PecK5 •^4' il Arts wUhJn 0**75^ Shortlint Stiback 19,300 SP 4 ittng CondUlons - (lik«n from Slio«B & Madson smvsy dalid 8/8/91) 180 SF PropoMd OavalOfmMnI - (««« bom SIM wrr*y 8 UyCftii pAon daiwl 6/22/91) Bain from fawn to iaKa Bafra from ctock to dhvaway Idck Patfo fVood dock within 75* satback 202 506 SFr%^€£») 315 SF^ i/ood dack bayood 75’ tatback 327 SF *ro »ooi * 827 SF kHiklarwatti Muminoua ddvaway • 10® SP ^lanling bada w/ pbutlo within 75* faOiadt • 0 takeahora 245 SF ^ wait of dack 218 SF C \*y*r south ol dack 373 SF ( v^- aasioldack Sti SF.^^0d ^tlng bads wT plastic ouliWa 75* salback 1,755 SF 67S 8F sea 8F tec SF (undiAnaadl 236 8F 0 SF 647 SF 4 Statra from lawn lo taba d Siairi irom daca lo diwaway C Brick PiSo 4; Wood dack wimin 75* tatback £Wood dock bayoral 7S* laiback rB^^Lorwnii 1*® ®F |yndiandtdl //8ttumlnous drW«wov 5S (unctiangadl ^Ptandna badt pimsae (radUcsd t,TB$ SF oufstda 75) 0 SF Tout: ^0-7S'2U d1 oO • V"' ■ Propoaad Davolop ia an t/WaUand Saibaek -^/#4 TBiakSng/PoobOack naMn 26* waSand ______ Wood dock (30* wida) cam davorad abova iaiim balow ProcKMod Slakway wuhai 25 waitand tatback ^Ptanona bads mth plasic mtfin 26* watland 232 SF (uncbangad) 100 SF-ia4a«b«^. 76 SF 0 SF fotai:2,749 8P (14%) Tal6l:4td 9F -* » - : 4 4 5 '•‘ ' ’.ii Page 3 of 6 ' t ♦ . \ ■ : .1 i t SJesHoi CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. _^3028______ -:?fi % ei vl ► f' vv'/' . ■ - /■:■■■ . Vv' 4'.: t r ' Hardcover in the 0-75' zone is approved at a level of 6.5%. All existing and proposed hardcover approved with this variance approval is recorded in the calculation worksheet and diagram enclosed with this resolution as Page 3. The current property owner and .'ll future owners of this property are placed on notice that hardcover shall not be increased above the irrently approved level and any proposed improvements of this property that will result in additional hardcover must be approved by the City. Such approval may result in a requirement for concurrent equivalent or greater removals of existing hardcover. ^ ^ existing hardcover scheduled for removal as a condition of this resolution must be removed prior to the footing inspection for the new construction. ^ '■■■ '.I Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (October 14, 1992). Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Page 4 of 6 *v ’- "r Li ■; .rr 4 ii .....' mm.mmmnm li ■' =. 1 t :w ‘^1%. wv^vo<— f-*r-:x- *'^' S?6s«0^ CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3028__________?.3 Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 14th day of October# 1991. li iST: '■:;; •- /Dd^othy W. I allin. City Clerk Property Owner(s) STATE OF MINNESOTA COUNTY OF HENNEPIN ■■r ■: ■!• V The foregoing instrument was acknowledged before me on this 14th day of October 1991, by Barbara A. Peterson & Dorothy j:'M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instriament was executed on behalf of the City. J Notary Public Page 5 of 6 4 <<< < ?'■• V mmM m CAROLE A. HASEMAN notary PUSUC-UtMESOTA HENNEPIN COUNTY IIY OOMUISSICN EXPIRES MMt V . iA/:-' .‘•.7 * . "• • • .4 •V-- .; .iiV y.w:> ' «• t-.. - .r ^ -I- ^ * .V 7 V;ry . CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3028_________ i . • .r- STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) ^ m: On this / Icziown to in© to b© tii© p©3TSon( ) , -----^ ^ ^j ^ 4 iFk 0^‘f^iiTTion't* • a^nd ©clc! 199 1 On/fj^^n. iL STATE OF^INNESOTA .) Notary Public } ss. COUNTY OF HENNEPIN ) Ooi?)k _______ »»»»»#### CAROLE A. HASEMAN NOTARY PUBUB-MtMaorA HENNEWN COUNTY , MY OOMMSTION EXPIRES MM , 199 1 •V •■-• ,.;;;'5-*ji ', •a'c,hJ. Notary Public CAROLE A. HASEMAN NOTARY PUBUe-WffMESOTA HENNEPIN COUNTY IIYOOUMSSfiN -if; p-:.:K;. ■ ■ 1:-r^ P^ge 6 of 6 -V-IP w •■ v;.,t ■•-V y=;^ w //>■■•. ■ -T V.' ■/ >-V‘ • '• ■;■ ' ■ ^- ■■ SlBiP -v:. - Vi :i' • V' /:.i i '■;.:::.;; .‘i--:/ • ^ i-f'' V ■;‘; .;'vV-/v • ■■? • ■ • • ■•.,. -■ LlI RESOLUTION #3028 Iv.., STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF ORONO •5 '1* I Dorothy M. Hallln, City Clerk of the City of Orono, Hennepin County, Minnesota, do hereby certify that I have compared the foregoing copy of a resolution of the City Council of the City of Orono with the original record of such resolution in the Minutes of the proceedings of said City Council at a meeting of said City Council held on October 14 , 19 91_ _. and that the same is a true and correct copy of said resolution was duly adopted by said City Council at said meeting. In Witness Whereof, I have hereunto set my hand and seal this 15 th day of •Tiv:W October 19 91 /Dorothy M.^^llin, City Clerk mF' (SEAL) 1. ' ■•••••■■ • , ^ ■■ V ".... * ' . mi-r:'I;Fi 4 : • • • • p ■t V'l vv*;''v:' Chairman Kelley and Planning Commission Members Ron Moorse, City Administrator Jeanne A. Mabusth^ Building 6 Zoning Administrator February 13, 1992 #1713 Whitney and Betty MacMillan, 1560 Pox Street Conditional Use Permit - Public Hearing Pertinent Ordinance Section 10.03, Subdivision 19. Conditional Use Permit required as proposed land alterations involve grading and filling activities in excess of 100 cu. yd. List of Exhibits A - Application B - Plat Map C -- Property Owners List D - Location Map - MacMillan Addition Plat E - Site Plan Description of Request Applicants propose the relocation of a low retention area on the property to the immediate east. Refer to Exhibit E. The area is not defined as a designated wetland. Members may remember the area in an earlier review involving the subdivision of the property. Consultants for the applicants had reviewed the conceptual proposal with the City staff during the subdivision review. The City Engineer is familiar with the area proposed with the land alteration application. Glenn Cook has asked for a cross sectior. of the pond and a plan confirming where the soils from the excavation are to be placed. Herb Baldwin, Landscape Architect for applicants, has been contacted and will provide the necessary information. As of this writing, the City has not received the requested information. Staff will provide the additional exhibits and engineer's comments at your meeting. In conversation with Mr. Baldwin he advised that the relocated low area will still function as the current retention area a wet, dry meadow not to exceed a depth of 2', review Exhibit E. The application does not propose a permanent wet pond but merely an active pond that receives intermittent runoff during the spring and fall rainy periods. The pond will function as the current retention area to the immediate west. The fill from the excavation will be used within former retention area and replanted. Appropriate aquatic vegetation will be planted in active pond area. The plan does not propose erosion control. Any recommendation of approval of this application will involve installation of approved erosion control prior to the construction. Such erosion control shall remain until ground cover is restored to site. The City Engineer in his report may also seek amendments of the proposed grading and filling plans. i ^11 ^__CKPY OP ORONO - GENERAL LAND USE APPLICATION PROPERTY LOCATION Site Address fVM^ '1 Property Identification Number (P.I.D.) Please attach legal description to appl on required survey. #.12:13 APPLICANT Phone (home) Name I^ Phone (work) _ _ _ Address 4tg?<^W IfeCygr*__________ City (J-ggOAP MI>Jzip OWNER (if different than applicant)Phone (home) I Name WKTOB t 'ANP g^grTt^Phone Address City‘5^1^_ Zipgg3Si Date Property Acquired (month/year) I fd^ (do not) also own the adjacent parcels of land. PEES - CONDITIONAL USE PERMITS - "t- $ 50.00 For each variance request with CUP application $125.00 Residential accessory Use $175.00 Institutional (church, school, etc.) $150.00 Guest House/Guest Apartments $150.00 Duplex Credit/Bldg $250.00 Commercial/Industrial Use $200.00 Land Alteration CJD' DF CfaOHO FI^AriCE OFFICE 1J50200000 Q1 QEH 200.00 CHECK TL 200.00 Grading, seawall, retaining walls within 75* of lakeshOTfe^'’ PRD/PID - see fee schedule Renewal Fee - $100.00 (no change from original application) After-the-Fact Fee ~ Double Current Application Fee OTHER APPLICATIONS $200.00 Commercial Site Plan Review (+ consultant fees) $250.00 Vacation ~~~ $175.00 Easement Vacation $ 75.00 Easement Vacation With Subdivision _ _ _ _ $300.00 Rezoning (PUD - refer to fee schedule) _ _ _ _ $300.00 Comprehensive Plan Amendment _ _ _ _ $100.00 Appeals Other “ see fee schedule m .....ffriiiiilirtiArillliliteiiiiiri PRSSBNT OSE OF PROPERTY Present Zoning District Present Use of Property Residential Other (specify) DBSCRIWI^OPr^^Tii^ detail: <?T= UCVV “—iam* vMfu.(4or EF=T=Bar w/^ 2. ‘ a r>'J ..f'»T REQUIRED SUBMITTALS 1. Completed Application Form. Certified Property Owners List of owners within 350' (you can obtaii this list from Hennepin County Department of Finance A-603 Governmen* Center 348-3271). Plat Map. Certificate of survey (signed by a licensed surveyor). Topographic survey (existing and proposed contours) if land alterations Involve changes in elevation (grades). Construction plan, if applicable (see staff for requirements). As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. 3. 4. 5. 6. 7. YOU ARE REQUIRED TO SUPPLY 30 COPIES OP LARGE DOCUMENTS OR A WORKING COPY {11" X 17■ OR SMALLER) FOR ALL DOCUMENTS SUBMITTED The applicant and Property Owner must sign this application. Please remember that your application is not complete if the above information has not been included. Certification by Clerical Department that Land Use Application is complete Initials of Clerical Staff: _ _ _ _ _ _ _ _ _ _ _ _ _ _ Date_ _ _ _ _ _ _ _ _ APPLICANT * S SIGNATURE The applicant hereby agrec^ :o provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or unusual expenses incurred in review of this applicaftlon^rtend,-«<»t^ies that the information supplied is true and correct to thip^wSlror his^/n^r—Jcpowledge. Applicant * s signatur Date •v/VKI 22?, |<SS22- OWNERS SIGNATURE The owner hereby acknowledges ^and agrees to this application and further authorized reasonable entry onto the property by City staff, consultants, agents, commission members, and Council members for purposes of investigation and verification of this request. Owner tlgation and verification of this request. / ' s signature C\VXJ^ VxJ rYXsO-Oo-A/s. Date \j ^ ^ Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and advise the Building & Zoning Office of this change prior to the meeting. \ I 4 a » > a o 2 9 9 In pilIn > » N. -< _ >> ni z oo 9 > a O 2 9 9 In C >r* I 2 Tj n o o w 9 o 9 9 M 0»9 O 9 9 M {/> O M M 3;iss o o W4 sS-.:: si«:O m 13 M M M H ► > isj m m o 9 ifi w a Vi .-• iT <• r -2. • 9 9III m > 9 &> m z ao 9 > o S $ vn $ S 2 o •< <^ M M m H 9 ni rn iv>>g<< • M M (/) VIIn in VI MM so M IM IV*. 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From: Date: Chairman Kelley and Planning Commission Members Ron Moorse, City Administrator Jeanne A. Mabusth, Building & Zoning Administrator February 11, 1992 •v^‘• ^ ^ I. .V * » A side setback variance . .'Si Subject: #1714 Thomas W. Lytle, 1935 Concordia St. - Variances - Public Hearing Pertinent Ordinances 1. Section 10.03, Subd. 9 (D), Street setback variance required for detached garage to be constructed in street yard of lakeshore lot. Required = 10' Existing *= 8'8" Proposed =* 8'8" Variance *= 1'2" or 12% Section 10.25, Subd. 6 (B). required for detached garage. Required * 10' Proposed » 3'9" Variance = 6.1 or 61% Existing garage is 3.9' from south side lot line. Proposed garage will be placed at the same substandard side setback requiring variance approval. Section 10.22, Subd. 1 (A). Lakeshore setback variance required for proposed deck. Required = 75' Proposed » 65' Variance •■10' or 13.3% Section 10.22, Subd. 1 (B). Average lakeshore setback required for 10' encroachment of deck. Refer to Exhibit E. 3. / V ■ -'i- : «:v ■ • -,V ^ . • : i-.: .. > V. -'i' . W* ^ mm K V ■ .V-V: 'vl f-v:,^'Mm Eibk-'' t '"T'Zoning File #1714 February 11, 1992 Page 2 V • "r 5. Section 10.22, Subd. 2. rm ■jm Hardcover within 0-75' setback area Allowed “ 0 Existing = 0 Proposed « 129 s.f. or 2.3% 5,625 s.f. 8,737.5 s.f -''' ' X' ’» Hardcover within 75-250' setback area * Allowed *= 2,184.3 s.f. or 25% Existing « 2,205,7 s.f. or 25.2% Proposed Per applicant's inventory » 2,540.34 s.f. or 29%. (Refer Exhibits D and M) Staff's findings based on amendments to plan = 2,712.34 s.f. or 31% (Refer to Exhbits M and Net increase = 506.6 s.f. or 5.7% V • List o£ Exhibits - A - Application B - Plat Map C - Property Owners List D - Applicant's Survey / E V G H I Vv,.' - Staff's Sketch - Deck Plan - Deck Section ■ 1 through 2 Garage Elevations - Garage Foundation Plans J - Application #886 Rerarding 1945 Concordia K - Survey Plus Buildirg Permit for Lakeside Deck 1925 Concordia L - Hardcover Fact Sheet - Existing M - Hardcover Fact Sheet - Proposed N - 1975 Survey >5^';^ . ■- ■.'■■■a " ' ■' •r - V:' . • ■ ' S ' ' ■.. •' "' i ' ' V.:..•_ .. . Description of Request ■ 'V ■ - Applicant proposes the installation of a 12'xl8' deck to the lakeside of the existing residence. Half of the proposed deck will be located within the 0-75' setback area extending at its maximum encroachment at 10' to the north side. The average lakeshore setback line will also be encroached approximately 10'. Staff has enclosed information on the lakeside deck installed at 1945 Concordia (Review Exhibit J) and the lakeside deck at 1925 Concordia (Refer to Exhibit K), Note the lakeside deck for 1925 has been altered. The permit issued in 1958 was for an 8'xl5' deck. The City has no record of a permit for the existing deck. Review Exhibit E, staff has sketched a proposed deck at 9'x20' that meets the lakeshore setback, average lakeshore setback and side setback. Please review Exhibit N the original survey of 1975 that applicant based the current proposed lakeside Improvement project. Applicant may be asked to reevaluate the staff's proposal or to provide an amended proposal based on current survey Information. y-. I: ' ■ 1^- pa<-..:; -fu ». -iV'/r Zoning File #1714 February 11, 1992 Page 3 In 1984 the City granted hardcover and lakeshore setback variances for the property at 1945 Concordia. Members may wish to review the findings set forth in the enclosed resolution Exhibit J. Approval was based predominately on the fact that the steep banks of the lakeshore yard would shield the proposed deck expansion from the views at lakeside. The deck was also grade level not requiring vertical expansion such as a railing although a partial railing has been installed. Deck construction was also based on special standards. Please review Exhibit G. Applicant proposes a 3 1/2' high deck bench for the deck considered a grade level deck (30" or less above grade). The proposed detached garage at 22'x26' feet shall replace an existing 20'xl8' garage located 8'8" from the street lot line and 3.9' from said lot line. Applicant proposes construction at the same substandard setbacks. Applicant's hardcover facts show backout depth at total of 16'. Staff must recommend that adequate turn around be provided by expanding it 4' to the north and to the west resulting in approximately 172 s.f. of additional hardcover. The ordinance specifically requires when a detached garage is placed 10' from the street lot line, turn around must be provided on-site. Improvements within the 75-250' setback area result in a net increase of hardcover of 506.6 s.f. or 5.7% Can hardcover be reduced on this property? Review Exhibit D. Paved drive cannot be reduced as ordinance requires adequate turn around ability. Sidewalk sections appear to be adequate and not excessive. Based on the final resolve of proposed improvements within lakeshore yard hardcover may be increased an additional 72 + s.f. if total deck Improvement is behind 75' setback line. Proposed improvement of this property is certainly consistent with the total improvement project approved for 1945 Concordia (lakeside deck and upgraded 2 stall garage). Staff has reviewed the lot coverage facts for the property which are as follows: Total lot area ** 14,362.5 s.f. Allowed * 2,154.4 s.f. or 15% Proposed « 1,822.34 s.f. or 12.6% Description of Hardship or Unique Findings Review Exhibit A. Applicant's information notes that original survey. Exhibit N, was used to plan lakeshore deck improvement. Encroachment of the 75' setback area was discovered after revised/updated survey was prepared. Proposed detached garage shall encroach no closer within substandard street or side setbacks of current garage. i A . -.«r- - . ^ '- i ^■ %■ ■" ■m- Zoning File #1714 February 11» 1992 Page 4 V;' mmW " w 1 Issues for Consideration 1.Are there other options available to applicant for placement of a deck within the lakeshore yard? 2. 3. What is an acceptable level of hardcover within the 75-250' setback area? Can reasonable reductions be made if deck can be relocated completely within the 75-250' setback area? Will special considerations be made? PiSiP ■ ■'•■■iyimfm " ■ m- '1.4 * m friiH fr CITY OP ORONO - ^miANCE APPLICATIOH Initial Application Fee $175.00 ($50.00 per each additional varianc Renewal Variance Fee $100.00 (no change from original Variance for non conforming use $200.00 After-the-Fact Fees (Double application fee) #1714 m \ I ; } ! I Site Address PROPERTY INPORMATIOH - - - - - - -^/7->3Property Identif. Number (P.I.D.)-M—t7_1_- - - - Attach legal description to application if not included on required survey. Date Property Arguired /9^.1- - -(month/yea -* +*h*a ad-iacent parcels or other(specify) cijy Of oRo^o FmAMCE OFFICE 1350200000 # 01 CE^i 175,00 CHECK Tl 175.00 RECEIRT-THAHK YOU ^33460 cool ROl 715:0 i 01/24/92 1 t^e)(do not) also own the adjacent parcels of land residential _Present use of pro 7,oning nistrict;^vr-ic APPLICAHT Phone (home) ^^7 ^ Name / ^Cj. Lvns Phone (work) 9S^ ~ 7/^ Address OWNER (if different than applicant)Phone (home) DK^wioN OF RISQOBST ^ Describe request in detail: t,f AtPecr /o' /Y 7^' C'kt$7f-^C 6_. Name Phone (work) Address: -- - - - - - - City;Zip: VARIANCES REQUIRED Lot Area Lot Width Hardcover Lot Coverage Setback:Front Side Rear Av erage Lake shore Other (specify) H^SHIP^KCRIPTIOH OF OHOSOAL PROPERTY CONDITIONS .gtaajr^.SaSiSg; f\pf*ec<\^nr<r(-Y Yy —ui—7^ —dl — Q/iet^<2 £. ___________________________________________________________________________________________ «.*'• ■ ' r-ri additional sheets if necessary) REQUIRED SUBMITTALS —the ^following information must be submitted by the applicat-inn deadline date in order for your aDPllcation to be consider^ iVi t 1. 2. Completed Application Form __Certified Property Owners List of owners within 150* (you must obtain ftom Hennepin County Department of Finance A-603 Govt Center 3*- -Plat Map (obtained with property owners list). - -Certificate of survey (signed by a licensed surveyor) to Include hardcover calculations as required (provide one (1) copy BJi^xll" for reproduction). xxr tor 5. _Topographic survey (existing and proposed elevations) if any changes _ existing grade are proposed (provide one copy 8%"xll"). any other persons you wish notified of this application. 8» Additional items as may be requested by City staff. The Applicant and Property Owner must sign this remember that your variance application is not information has not been inclnd^. • M|e application. Please lete if the above APPLICAHT'S SIGNATURE The applicant hereby agrees to requested by the Zoning Administrator, agrees to pay additioiTal^feesTsIraff ^ his/her Jcnowledge Applicant’s Signature Date OWNERS SIGNATURE The owner hereby ackowledges and agrees to this application and further authorises reasonable entry onto the property by city staff, consultants, apnts. Commission members, and Council members for purposes of investiqa- tlon and verification of this request. ^ Owner's Signature Date ppllcant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled ®««tlngs of the Planning Comaission and Council. If an applicant is «K^*4 * scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building & Zoning of this change prior to the meeting. • * I itTWrrfatr i«T i^r' I .r; . • ■ • % . 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ITTLC eoToSi:6 i^eA6<c €>(2-rA y. •> ; "r-, 'wpi : .'S Vi.'mm >-.7- i//iV. ...^'^ : .' ll '* //57-0 (vyrirm l-l^u%e mm. mrnm i-■•■; •• •n-A'. ■ d Tinxjjrrj' i j~r c.:'..v —:.7^>“ ffr r-T / 9.0 if i mkr~ .'' 9t, r 'A:AM iM—iipii Jg.xm* / A/ ^ 4 Cl- c D -V-' "/ > » * I#-'";-r k ■, • TTT»>>v ff .••• //o o^Poo^s, S'^^T rm -r.; 5 < 6 ^ To fft)us£: 1% I'tWi. !^.„ > ■>'i Sir ■ iv ‘ ;■ -J • ' i** ' ^•- r . ' feWM ■iiim ',rr^ *■■ -I? ; t"- -• . ■:■■ -i - V Vli •* r .'.■><>.■ >•; R ^ •. i-V THOMAS W. LYTIC 'J^0oTo i>Ci> ^/t ^Of' 3 l^j ; / bs V.iv rr>- O ‘ *■ 'iJ i5*». i&f’m *■ i Ba-;r. :;■•>>.■: -V'.'^ ■■•. r' \v;-. :,.;vv^F-v ■.;■■; mW. ■I':' ;■ :0'' l:^^: :-v Kliil f.^ JofS /T^ »« lb" ceHTi-^J ly ytu;«v«ilKcaCt<‘tc.C^<iY irXCr<<*c«*fP < ^. •'f r < j?-- _____ >a.<9 ;? ., i'» fo n fb 6v'-vv' ■••'•■Vi: ^^■'•.,::Wv'i''A.W, Coucefr^^<^6 To “^1 ^ilii :/a< - .'v-.f.-V •. -^..vr-:'::w • 1.— . •• . .'■ ■\L , .:•... .V-f= •i.-i.- ’ •: ,? : ■ t. -i -•> i . nm- THOMAS w. lyrit (jr,rl0/!6€: tl ■i; *•. "it- .p ;i-ur 1^:2 •■"'■!"■ • i ‘i ■ , r%<r. •:•■ • 'I-L.-Y:- ■ • - , ••; ., ■ - • ' .'• •.. ** *1;' -' .r ^ p#-;*■*'. - T-:.. K-. .• • ’i 'J ! m tesi''' :v ••:':■ •• ij.. 'li 1.1 w hiimm V ^ V. I®, p-f'V--'- • ^ ■' ■ - ' ' '• \ « • I- '•... PC ' ■ .X ■■ ■ V-y> :•--J ,3^ T, .• *- •*•'', V* »4 ' >4x-AaNi • ♦ ;--i''' ■'■ -y ■■ i.'- ix ' > • 'L4J il t ♦; If- '.i : Xr • ‘ ' w ;. .. >-.L- V . ■r^ / ' dtncef City of ORONO CITY ; o»= ^ ORONO RESOLUTION OF THE CITY COUNCIL 1 7.10NO. CHANTING A VARIANCE TO MUNICIPAI. ZONING CODE SECTION 10.j5, SUUOIVISION 8, ANU SECTION 10.22, SUBDIVISION 2 FILE 1886 WlIKKKAS, Richortl Raqatz (hereinafter "the applicant") Is owner of the property located at 1945 Concordia Street within the City of Orono (hereinafter "City") and legally described as follows: Lot 11, Fagernosc, Hennepin County, Minnesota, (hereinafter "property"): and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Sections 10.22, Subdivision 2 and Section 10.55, Subdivision 8 to permit the construction o. a 770 square foot deck structure of which 404 square feet is to be located 60 feet from the lakcshoro and within the 0-75 foot lalccshorc setback zone wl»crt no permanent or temporary structures arc normally allowed. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS * ^ > ' I, This application was reviewed as Zoning File_No.l.886. •i. • V.. 2. This property is located within the .LR-IC Single Fami*y Lakeshoro Residential Zoning District. 5.. ft- 1.IN V 3. The Orono Planning Commission reviewed this application . 4 ■ : on January 21, 1985 and recommended approval conditioned on . flvoMble^findings by Council that decks which meet certain standards arc not considared as hardcover. - ! ' view problem would be encountered. j * A ( vr. > The proposed deck only extends 8M^^:J^«ton;;ion‘ef Ti;;" house to the south. • «. ^ e. Xhe location of an existing Box Elder tree and the house - south are factors which limit the acceutable <• 3t 4 'locations for the proposed deck li 'i. '.' v' • * t >v- • V '. ’ V - vtfj. *•, • ► ■ . vO*. * V.1 •i^• i.-* p v :; i: • «i» > ♦|^-, ►•} ■ • V# t;vr-v-. •«’ . V-* ^7 V'*** J ..iT. :Wi » >m ■t'--.‘:--A" C, ^7, City of ORONO CITY » OF . ORONO resolution of the city council NO. 1 " >Q--------------- :v • ‘.A» I f- . 7. Tho locaticn of applicant b cxistiruj house poses a problem in locating a suitable deck. 8. Applicant has stated that he has rt-moved feet of existing h..rdcrver walkways in the 0-7a setback zone. 9. The front lino of the proposed deck docs not extend beyond the front line of the home to the south. i •I 10. Sand is to be placed under tho surface of the deck as was done in the Krutzig application Vg\backprevent encroachment of hardcover into the 0 75 setoacK none, hence no hardcover variance is requiret.. 11. The deck in low to the ground and will not be noticeable from the lake. 12. A deck on either side of tae house docs not appear to be practical bocaune of limited space. Tho 15* elevation «nd at®®? ?iVerUn'd run^7,'Vi‘.“';n"=';“oV7'd rVo.-th.'V.kc .t .bout . 7C* horizontal distance. i-svia ■ ■ . *■> 15. Tho variance will not modify the character of tho neighborhood. !%• 16. The proposed deck still meets the Minnesota Department of Natural Resources 50' minimum setback for Genera 1 Development lakes such as Uke Minnetonka. iv. *«■ -?»?,h:- K ■■■ J • ‘ V’ .r* •••»» •* . 1? The City Council has considered this application inpiudine tho findings and rocommen ations of the Planning CWMilb, report, b’/cuy „.ff, ement. by tb. •PPUc.nt fnd th« .Jf.cT ot th. propo.od v.rUnce on the h.«lth. safety and welfare of the community. •1 5 ,• • V* J ^ V41 V.•••■'* -pooe 2 of 5 • ' '1;^ . V--V m ■■ A '■A ®r-Tri^ \ .-^ \ 1 11 ORON(^ City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1710_______■ . * ^ ■ "> :•> -V tjf * ■•\v . ..i % ' • ■ "v -ij- .' * f'<4 •'V-/-' tf I8« The City Council finds that the conditions cxistinc} on this property arc peculiar to it and do not apply generally to other pro[»crty in this rcmii.ci djf:tiictj that granting the .variance would not advi.Tsely affict traffic coruliticnr# light, air nor pose* a fire* har^inl ci other dancicj tc neighboring property: would not rcrcly serve an a convenience to the applicant, but ;h neccesary to alleviate a demonstrable hardshifi or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the r.oning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a variance to Municipal Code Section 10.55, Subdivision 8 and Section 10.22, Subdivision 2 to permit the construction of a 770 square foot dec?: structure of which 404 square feet is to be located 60 feet fror! the lakfshcrc and within the 0-75 foot lakeshore setback rone where nc structures arc normally allowed, subject to the follcw-r.o conditicns: ■•ha 1. A permit for the deck must be obtained prior to construction. The entire deck must muit the following minimum design requirements: 4 ■'» '■ a) Width of decking boards may rr*noe frem no loss than 4** to ro more than 6“ in width. t /A'-i" T'!. W'--iRatio of board width to spacing width may be no ^ greater then 12:1 (8.33% open space). e) A 1/2 ‘inch high wood strip must be installed along the upper perimeter of tho dccic to prevent direct run off • except where railing will not be installed. d) A minimum of a 12-inch depth of sand must be placed under the entire area of the deck and extending downward through any fill layers to the original soil surface. 1*^': y »* ^ r ••% ^ V.. e) Tho deck platform shall be no higher than 12" above finished grsdc, or if it is higher, suitable barrier must be placed between the deck and the ground surface to provent any access which would allow future place ment of impetmeablo materials (plastic, concrete slab, otc.) under the deck. :-4 4 'A ..V*; a’-*'-*-" * 'of S V ' I ■'-vr V- ; ^ -tv- V-'» -T.-: -^:;v:.^:;,:V;:: . / y f. - -. ’... -. « m: "*'■| ^ « CityofORO^ CITY Of ORONOd RESOLUTION OF THE CITY COUNCIL NO. >'^30_______ ..-A- . ’--/j -'rf# I 2. No more than 404 square ftei of the deck area may extend into the 0-75 foot setback zone. The deck may extend no further lakcward than the cxtendt.l front line of the Adjacon* hcusc to the siouth. 3t The oppliccuit is placet! vn notice* that the deck and the areas above and below it within the 0-7S* setback sonc may never be covered with impervious nunterials# cnclosed« or in any way altered so as to bccoft^c hardcover# without the grantin9 of a hardcover variance by this or a future city Council• 4, Authorities granted by this variance run with the property not with the owner, but arc permissive only and .^,fflust be exercised by application for a building permit within one year of the date of Council approval# or this variance will expire on that date {February 25# 19»6). 5. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code# shall automatically terminate any authority granted herein# and shall bo punishable as a misdemeanor. 6. The undersigned applicant has read, understood and h®*”*" ; r . . I by agrees to the terms of this resolution and on behalf of . • j hxfflsolf, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. 1-, ■ f . V ^•v:-Foteuary 1985. Adopted by the City Council on this 25th day of it ATTESTt i- I k*. iDkothy HT HalliK, City Clerk Mary c. Butler, Hayo A. V.»- ■ --‘i'T- i / C. Mary Thomas Frahm, Acting Mayor f ‘V* *; ■ < - 1.. . K-r^- \ \\ (i) Proj^rty Owno^ ^i. mw * 1 --ir * fit ^ :V i ^ TTIr i^-9k ^ k -*•- w M ' - 1/ . ■■page 4 af 5 IT* r'V ‘■ * *. i-»,•.•*•>- ^ ^ VILLAGE OF ORONO RESIDENTIAL AND COMMERCIAL BUILDINGS OWNER ADDRESS VBONE Na / ® 5 S«o.No. /? PoocalNo. PURPOSE OF BUILDINO BUILOEB ImtSiZ- ^ , ADDBESS ^ T"- ^ <#• wiotg «q»/> / g / 3 ^ pguama^y^ Lot Block Addition or SubdivUion n U;LAND SbooiLol LoBidSq.Ft Elrrotlon TION BUILDINO LOCATION Dis. From Rood Dli.SidM Dis. Bock Dndnogo COMSTRUCnON Stucco Stotto Brick, Solid Brick Vonoer Cemont Block FOOTINGS on-h /M Width Least Depth Below Grodo FOUNDATION Construction She BASEMENT Ground Drednoge Beorlna Posts Floor Six* Size Spociii^ Spon »iUiwi SYS No. Fouadollon Height Above Roof Smoko PipeDll Type From Joists f r . FLOORS SobFIooiing 9s. Joists ^ Spacing ! C '* Bearing QisK. ut/Ht. ^ Size V ^ L 'Bridging 4? .. STUPPINOS RAFTERS CEILm JOISTS ^ Spacing fC ^ facing / 6 ^ Spacing V Plolee 0 Spaa ^ V Longest Span<^ ^ Bracing • ____ **r ‘i-y ‘V'^ ; .EXITS Basement — No, 1st Floof — No, She Size Stodtwoy Stairway I. t. * »LATXON , , ^Wcdlsi ■ fi. A ‘“ V .. It*- •i":; i ^ 't:W'-i VENTILATION AND UGHT Percentage of Floor Areo Vent d) Percentage of Light to Floor Arso LINTELS Sise^ 7S/(^ Location X i* ^ Span C WELL TYPE Construction Loeadoa SEPne TANKS Size Distance Fh»n Well Construction DRAINFIELD Depth Width Length DL Dii iceFiom WeD ice From Lot Lines PLUMBING FIXTURES Sinks Laundry Bath Tub Shower Tcdlet Lavatory wm- I hereby agree that in case permit is granted oUwoikwhidi loU be done and all moteri^ eddeh sadl be need shoB oom* ts Bobndtted and with aU the ci the Village of Oroao applicable (berela. NOTES: ? X Y XA ^TJ) .n "i t ^ I ■■■■■. • 'ilT’V--S',''i" ! fc • y.e t T ‘ ' ‘ » - •> Signed Receipt Na ST ft .C. Bldg. tf^^Phimb. S.tgeS »3*gi •_ '» '-V*vWaBBmi 3/9f//y-t ___Tbkdtl^d^ NAME THE SEWAGE S/ST^Y INSTALLED BY /^/ ^ ADDBESa A f IV/an-k. C'(-Ikt , r 7 “ /B '/a/ ^AA-i y' • i\n. *\ // * \ ^'s^ ■ - k'H : »>v*; •Vj.t ■vs 'ViL « ^ ^ • f V - f »♦ ’ « 1*3 ^ 1 ,'•■•' *c >0: * f ff S i ^ y. ■»r J . t ■«3» ■ t. s i '' J ' ^•>'‘V' V «* /\' > -. V V • vv A f < ,•.. 2 ' <'•,/ % - ? .• ; f i J •t; I *v * •< V.w; Jr;: - v-v>-7! V ’• sr • ♦ *• . . .•. * ,-r ».’,vr-.5 ’ • , . * . ^ V ^ -Jfr’ X* * -■ !a* /vl ’ -r.>Xr -■» *• # " 4'fi HARDCOVER CALCULATION WORKSHEET__ w /9S^ Cd/^^^'p/a SETBACK ZONE: (CIRCLE ONE) 0-75^ 75-250^^250-500' *• Existing Hardcover in Zone 500-1000' A. Housem V^r^.‘ ■ • • •; , B. Garage m c. • :.’XV:0 D.. Sidewalk 'r Patio/ Deck F.Landscape AREAS UNDERLAIN BY , . PLASTIC SHEETING :Vfv{ J >‘7.-7 LENGTH •> V'■ S' WIDTH S.P. S.F. S.F. S.F. J?.¥S.F. D riveway / ^___x __L=n s.p. /r S.F. vT//>7.S.F. / <9 d S.F. S.F. S.F. . X 1B[iWlIL S.F. S.F. S.F. S.F. Total Hardcover in Zone Total Property Area in Zone >7 S.F. i 5! 5-0^*7 /2L. ^T?J7' ^ S.F. FUlZSMr X100. -■'tJ - rrw- y HARDCOVER CALCULATION WORKSfi ScTBACK ZONE: (CIRCLE OME) 0"75C 75-^ Existing Hardcover in Zone House ^9:7 LENGTH >4< , r, y / ■= DrIVEMAY ■'f.4SS<5 Jk /Z 0.. S idewalk ?>• : = Vr- : H V '-\<n ii. E. P atio / ^ Deckm ? F. Landscape AREAS UNDERLAIN BY PLASTIC SHEETING toOQt^ ^7^5^ G. Other _ _ X 3 > ■ > WIDTH /V •/ >• S' >. S' /^isCi^do/zb//f• * 250-500' 500-1000'M 9^ ^3^s.F. s.F. S.F.9 a s.F. S.F. S73-S.F. 3 ^ ^ s.F. ■ j S.F. ^7. r s.F. S.F.^wyy|»ini _ s.F. S.F. S.F. S.F. S.F. :^7 S.F. Total Hardcover in Zone Total Property Area in Zone ^757. r s.F.B >r7g.3/-[T| X100 A % >^4 , ,r- J "T^c; po5 HARDCOVER CALCULATIOOQEi<SHEET SETBACK ZONE: (CIRCLE one)|^'^^^^75^^75-250' 250-500 500-1000 Existing Hardcover in Zone House .ii, ! ■''' . ■ " ' . :■ 1-j. .r f B. Garage ’t c. Driveway # E. Patio/ Deck F.Landscape AREAS underlain BY , . plastic SHEETING G. Other X length d.. Sidewalk j -.x-i*. •• •■■.•■. X - Xm WIDTH 12^ 2-/ _ 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-jj Total Hardcover in Zone S.F. T otal Property Area in Zone S.F. t ; • • .Ai - O ■ t, I =S* ■ iOO >.3 %i. • «» ^ r a 1 /i ::)0 C^<:^ n cc GL "S Plat of Surrey of Lot 12 Fagernesa SubdlTlalon^ Lake Minnetonka for MR. AND MRS. LXLE CHRISTENSEN I hereby certify that this plat was prepared by me or under lay direct enpervialon and that I fra e registered CiTll Engineer and Land Surveyor under the laws of the State of Minnesota. i • 1 IJ . ir { ti . William 8. JCelley Jr, Reg. No* 13W . . im m HAS StPi'f mmwMif r'vnta •W-. • '#■' :.5 To:Chairman Kelley and Planning Commission Members Mayor Peterson and City Council Ron Moorse, City Administrator From:Jeanne A. Mabusth, Building & Zoning Administrator Date:February 13, 1992 Subject: #1715 City of Orono, 2700 Town Hall Road - Conditional Use Permit/Variance - Public Hearing Pertinent Ordinances - Section 10.55, Subdivision 8 -- Variance. Land alterations are proposed within designated wetlands classified as a Type 2. Alterations of Type 2 wetlands do not require approval or peimits from DNR or Corps of Engineers. Section 10.03, Subdivision 19 - Conditional Use Permit. Land alterations involve grading and filling activities in excess of 100 cubic yards. List of Exhibits - A - Plat Map B - Property Owners List C - Field Notes from Site Inspection (Steve McComas, Limnologist) D - McComas Report 2/3/92 E F G H Option 1 - Three Detention Ponds Option 2 - One Detention Pond Designated Wetland as Shown on Final Plat Designated Wetland as Shown on Preliminary Topographic Plan Review of Application The City of Orono grading and drainage plans for the City facility site are currently being reviewed by the Minnehaha Creek Watfeirshed District. The Watershed District has advised that detention must be provided on site to maintain exiting drainage at property's current undeveloped condition. This was already noted during the preliminary subdivision review. Review Exhibits g and H. Drainage leaves the property at the east lot line at 1016.6 elevation. The iOO year storm elevation was determined to be at the 1018. The overflow outlet to the northeast is at the 1017.9 elevation. Note drainage easement was not taken to the northeast at the time of the platting. A drainage easement shall be taken over overflow drainageway exiting at the 1017.9 elevation. The entire 25+ acre watershed has been designated on the drainage plans (Exhibits E and F). Note there still is no change proposed for drainage facility carrying drainage from Orono School complex to the western border of the City property. Drainage still fans out over existing terrain to low retention areas on property and will remain as such until biking and hike trails are installed along the western boundaries of property. '"'.j h 4 m. ■ V ■ Zoning File #1715 February 13, 1992 Page 2 Mark Gronberg, the City's consultant engineer for this project, has prepared the application before the Watershed District. He has been asked to provide two optional drainage plans for the City's consideration. Option 1 involves three retention ponds involving alterations within the designated wetland area. Option 2 involves a single pond located within the wetland just involving the western portion. Although Option 2 shows a singi.e pond, it has been noted that ponding and sediment treatment area will have to be extended closer to the baffle weir that carries water directly to the east. Both plans provide adequate separation setback from the proposed structures; Option 1 at approximately 35+' and Option 2 at approximately 40+'. Both plans will meet the detention and storage requirements of the Watershed District. The road providing access to the water tower will require special construction per Minnehaha Creek Watershed District standards. A culvert under the roadway will not be allowed. The District will require that the road be constructed with a swale design allowing overflow at the 1017.9 elevation. Erosion control has already been established on the site. Silt fencing has been placed between the construction area and the designated wetlands and low retention areas to the central portion of the property and will remain until groundcover is stabilized and restored. Steve McComas, limnologist with Bonestroo Anderlik & Rosene, has been asked to comment on the environmental superiority of one plan over the other. Please review Exhibit D. He concludes that both proposals have environmentally attractive features but that Option 1 with the three ponds has an edge over the proposal with the single pond and is recommended as the first choice. The three pond plan offers greater diversity as each of the ponds could have a different wildlife emphasis based on the type of upland and aquatic vegetation to be planted. Most important, the three pond plan offers more potential for water quality improvements of storm water run-off. The main receiving pond, or the one closest to the baffle weir, in its current configuration can be easily maintained for silt and sand removal. Option 2 would not be as easily maintained at the deeper depth. It is hoped that with the installation of three ponds as proposed in Option 1 that the Type 2 wetlands can be restored to a high quality Type 2 wetland by reestablishing the native sedges, rushes and grasses that once grew undisturbed before being altered some 40 to 80 years ago. Findings that may be considered in an approval recommendations 1.The proposed land alteration of the Type 2 wetlands or "fresh meadow" will restore a higher quality Type 2 wetlands similar to the original wetland that existed 40 to 80 years ago. ..iiiliiflbm * M ■ •' fessip Zoning Pebruai Page 3 ■ ••* • : : ■ • !• ■u K.ii * r More efficient treatment of run-off before it leaves the property Maintenance of the treatment facility or baffle weir can be easily maintained with this pond proposal. :«S^ • 'l. '. ’ .-j Isv r*a.v ■ • -v.^ <1 . I'-* mim r.y^: ’■i?;n W^: L-f: • i v;vv:.v ^■’4!-jvy f'"' ;-V:;*j • • i'vX•••• --H^ -‘ i ■'■ . it :/ ■ : ; ^;V: ■■ ■■ ■: - , /'?^ ■ : "J; v'y?yj". 'l:v : * ' ; ■::■ ■'■ -viJiH’‘fi-'-rf ’'' ■■ ■: :mi -•f ,V> [ ..:W" ' ** ’• »S mmV/- -: • ./i ■VI •V . y ; V.-:; "•; ' -.‘f- •:.•.■ ^••; • • • ; ' •“•r*iV.V,.V“- ■•••••r--- =•••:•>'*.'3 L’mm-m .• ••'..•••& iljy tt' . r: iOtOOL out NO J78 Wft m::-- 5&jSS# ■PI IF- ■■ ^Mjjjjji ■-THi *. •■'■ssBtv'-;■ * ■•[: ^>'- y-. * • I >v:.-’- ^4 ;i- '.r f f 5^ X. * (5^ (iTTrjrjnrr -I \ t A* ••• «; I - 1-118-23 34 0001 :ono School District >5 Old Crystal Bay Rd mg Lake, MN 55356 #278 N ; 28-118-23 43 0005 ORONO COMMUNITY CHURCH 770 OLD CRYSTAL BAY RD N LONG LAKE, MN 55356 I U118-23 24 0001 )BERT WAGNER ? 1, BOX 305 )NG LAKE, MN 55356 33-118-23 24 0002 JOANN R FROST TRUSTEE 521 WILLOW DR N LONG LAKE, MN 55356 1-118-23 12 0003 :llow properties )INA professional BLDG >45 HALIFAX AVF 5, ST 7 INNEAPOLIS, MN 55424 33 118-23 13 0011 VEDA INC P.O. BOX 375 LONG LAKE, MN 55356 28-118-23 43 0006 ALBiN THIES 1442 HOMESTEAD TR ' LONG LAKE, MN 55356 I 33-118-23 12 0002 HENNEPIN COUNTY LIBRARY RIDGEDALE DR & PLYMOUTH RC MINNETONKA, 'IN 55343 33-118-23 13 0009 WASHINGTON SCIENTIFIC P.O. BOX 340 ILONG LAKE, MN 55356 % Wp: ■ W .•:**** •k I X 4 «.i • • • 'ij * 2 • . -M* m * . • ■ V •«». ••...» - . *.r V ^ Field Notes and Observations - ORONO CITY OFFICES PROJ Steve McComas - BRA; Jeanne Mabusth - City of Orono 1. Majority of wetland below 1017.7 is Type 2: Inland fresh meadow. Vegetation was dominated by reed canary grass with some areas supportmg cattail growth. Cattails were found in wetter areas (probably in shallow depressions). Although no standing water was observed, duckweed was found on the surface in cattail patches. Area is probably wet—after heavy storm. Several small areas (3), (around 100 sq. ft./area) could be classified as Type 3 wetlands (Inland ShaUow Fresh Marshes), based primarily on the presence of cattails. There was no standing water when we visited the site. Wefiand area has numerous hummocks and tussocks. This area was apparently a high quality Type 2 wetland area a long time ago. (40-80 years ago agricultural practices may have plowed up the area and changed drainage patterns, which could have allowed reed canary grass to come in.) V - ■ Soil is saturated Just below surface in wetland areas. Water table is probably around 1017.5. Soil profile appears to be a silty-clay loam. Soil descriptions in the soil survey indicaie a predominately mineral soil with only a thin layer of peat at the surface. This is what we found in the field. 1 think parts of this wetland have the potential to be restored to a hign quality Type 2 wetland by establishing native sedges, rushes, and grasses. Vv^- •? • -V -; ■ -•. mw' ::rs.' iMnr mm ^ : -t ■ > - v* mm'-^ ^ nail i.jygen.cur Bonestroo Rosene Anderlik & Associates Otto G 001 ««roa P£ Joseph C / noffJUt. PE Marvin L. Sc ^ala. PE. Richara B. 1i mer. PE Cienn R Coiit. PE T>'crv2i E ^ T^TZ. PE Roorrt G Scf jncm. PE. Susan M Ebe ^in, C PA Engineers & Architects Ktfei A Gordon PE Ricnaia W PoMrr. P£ Jerry A Bourdon. PE Marie A Hanson PE Davxj O Losketa PE Rofccn C Tussek. AiA Mo^ad A San^ofd. PE Oonak) C Burgardt PE 1W 1C F»e«. PE Mcnaei T Rautmarvi. P£ Rboert R PfWf^e. PE Thomas W Petersen. PE MEivny C Lyncn. PE .0 James R Va <nd PE Kenrset*'^ P Andersoa P£. Mark R ROtft PE. Thomas E Ar^gus. PE Daniel J Eogerton PE. Mark A Sea PE PhiKp J Caswe?i PE »smae< Mamnea. PE Mark O PE Thexnas R ArxJerson. A I.A. Gary F R/ander. PE Maes a Jensen PE L Phifcp Grave fk. PE Re^ C Piumaa aia Agnes M. Ring. A1C.P Jerry O Rfftrsch. PE Cec».'o Oilvief. PE Gary W Monen. PE Karen l Wiemen. P£ Keicfs R vapa PE Mchaei P Rau, PE. Charles A Erckson Leo M Pavweisky Hanan M Olson To: Jeanne Mabusth, Building and Zoning Administrator From: Steve McComas, Bonestroo, Rosene, Anderlik & Associates, Inc. Re: Enviionmental Considerations of 2 Drainage Plan Proposals for City of Orono (New City Offices Complex) k- CONCLUSIONS; Both proposals have environmentally attractive features. Based on wildlife and water quality considerations, the original site proposal (the one with 3 ponds) has an edge over the proposal with a single pond and would be recommended as the first choice. 4iiBACKGROUND Two site layouts have been drafted in regard to the new city office site. Both proposals are designed within the low lying area, and the 1020 elevation contour is not altered. A question has been posed regarding the environmental setting: Is oiie plan better than another? My impression is the site with 3 ponds has an ecological edge because it will offer more potential for wildlife diversity. It will also give the City more options on what to manage for in this area. For example, each of the three ponds could have a dilferent wildlife emphasis. By manipulating vegetation, both upland and aquatic, songbirds and small fur-bearers could be selected. Also, the three ponds offer more potential for water quality improvement of storm water runoff and the main receiving pond can be designated to be easily maintained for silt and sand removal In contrast, the single pond proposal has several benefits associated with it (which vary depending on how deep it would be) but also has some potential problems. We would still need part of the pond to serve as a siluJion basin along with access to the pond for silt and sand removal. Also, because this is a biologically driven system, making it somewhat unpredictable with a little bit ot bad luck, the pond could turn into a weedy-mess, something that would not be as desirable as an open sheet of water (the smaller ponds would be much easier to manage). The single pond pioposal could be made attracth’:: for wildlife with appropriate landscaping but I don’t think it would have the diversity compared to the 3 sm.all ponds. Jeanne, if you have any questions or if I can give any additional information, please call l: Sincerely, ONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC Iteve R. McComas ? SRM:U 2335 West Highway 36 • St. Paul Minnesota 55113 • 612-636-4600 vi'11 iU I V 1 7 DyiMHw^e fro^Hcrifr': CITY OF ORONO ADDITION PREUr*INARY PLAT FOR THE CITY OF ORONO OF LOT.2. BL0CK..1.^IUL0W PROPERTIES ADDITION 4» • « • • Lot 2, BlOCK I, HllXCH PROramtS ACOmON --/»#—I Delating contonr Da tun I Naan Sua Laval m ^-^eortiNfec I licicby ccflify llul llm jurvry iv.15 prcparcvl by Of un.Arf my ilwfct super*, vision, ami iKil I am .1 duly irjisicm! Civil Engineer ami Und Sum) or under , ifir |.i\v< f'f llic Stale i’f MinnTM>fa UAir.T-g€-Ji «•/•*# r T\_ '■'SPi ^ . U I I T N8f*09*<7*W M8j0€ ...-•• Jv h\UUi i IV^IM ORONO 3CI-IOOL. EXPAI\'S!C1\' 5^. 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