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08-16-2004 Planning Packet
ORONO PLANNING COMMISSION Monday August 16,2004 6:00P.M 2750 Kcllev Parkway - Council Chamhers AGENDA Council Representative: Jim White At DIPM'K MIIMBERS: Please sigB la for the public record at the front podtam If >oa wl^h to addrew the Pfanaing Commission. Applicants will be asked to mose to the front table to answer questions when the Chair annonnccs the application. The Planning Commission is an advisors body to the City Council. If action is taken on any ilems on this agenda, they will be scheduled for the September l.t, 2004 Cits Council meeting unless otherwise noted by the Chair. SCIIEDtl.F.D PUBLIC HEARINGS 6:00P.M 1. h04-.t0.W Proposed Kevtsioiis to Orono Zoning Code, Secliuns 78-1101 through 78-1210, Floodplain and Wetlands Management (Slafl': Melanie CurtisJ CONSENT 2. »04-3034 Apcrfect Construction. LLC on hehalf of RoIkii P. Mack. 1580 Slvlh Avenue N.. Conditional Use Permit. (Staff: Melanie Curtis) 3. 1104-3040 Dean and Sherry Lundblad. 1290 Arbor Street. N’anancc. (Staff: Melanie Curtis) OLD BUSINESS 4 K04-3010 Tlteodorc Capra. 3534 Ivy Place, Variances. (Staff Janice Gundlach) 5. K04-3037 Way/ata Country Club. 430 Old Long Lake Road, Vanancc. (Stall: Janice Gundlach) NEW BUSINESS 6. K04-3041 Rebecca Hol/em. 3407 East Lake Street, Variances. (Staff; Melanie Curtis) 7. 804-3043 John C. Holm and Susan M. Kcrbcr. 1485 Bay Ridge Road, \ ariancc. (Staff: Melanie Curtis) 8. 804-3044 Jennifer Simon. .3925 Cherry Avenue, Xariance. (Staff; Janice Gundlach) 9. 804-.3046 Robert W. and Brenda Zoc MacDonald. 2480 Old Beach Road. AAc Thc-FacI V'ariance. (Staff; Janice Gundlach) PLANNING C U.MMISSION CO.M.MENTS 10. Report of Planning Commission representatives attending Council meetings July 26,2(X)4 and August 9, 2004. 11. Other issues for discussion. 12. Planning Commission approval of minutes for July 19.2004. 13. Selection of representatives for City Council meetings on August 23.2004 and September 13, 2004. ADJOURN.MENT Public A ttendance □ COINCII. P^Planm .ng Co^imission □ Park Commission Pu: am ; mi. on i iii; infokma i ion Rtgi ESTto mi llW EOKOI K( ll> RirORnN. NAME (plcusc print)ADDRESS PKKSE.M FOR (fruni u»cnda) N AME OR .M .MBKR /i 2. T<< y___W— / ■>/S/ \ V «• 'It 1 nZ A t •i' *'i yTi ^rf: ^’'•1 -------------^-L-4-------- ------------------------------------------ h . YJ. ______ I>UV / 1 5. / ..i.'NHblc'vi nsn uJ.t-,(L.^nr..l Cyl- V'/C 6. (\ iTN Hf I'i i »* \■y%T L'««.L l-lV .1 ♦<"1 x'H 7. ^ iet't.'t 4rf :^cn nr .t'.i CIt, In. ^ 8. A ri..v WiuV I4\N Q c«i- 3.-/-; aI 9. ) ----------------- 10. 11. 12. 13. 14. 15. L MEMORANDUM To; Chair Rahn &. Planning Commissiuncrs From: Mike GafTron. Planning Director/ Dale: August 13.2tK)4 Svbjrrt: I aHous Topics of Current Importance StoaebayTovmhomrs Eiterior Appearance. Tlie developers ha\ e late tins v\ eek pro\ ided colorrcndcringsofllieirproposcd exterior design changes, which w ill be distributed shortly. Thc> have incorporated many of the features in Planning Commission *s punch list, aixl tlieylia\e agreed to iiKOrporaiecertain upgrades into the low nhomes lliat hav e alread> been constmeted as w ell as those >-ct to be built. Additional Planning Commissionrrs Sought. We have advertised in the local papers for candidates for the vacant PC posiuon as w ell as for altcntatcs, but hav c had viituall) no responses. If \x)u arc aw arc of someone vou bclicv c w ould be a good candidate, please encourage them to apply or let us know- so we can contact them... September 1 Planning Commiulon M ori Session. Our next regularly scheduled w ork session is set for Wednesday. September 1 . at 5:30 p.m. in the Council Chambers. Topics for discussion w ill include: • Building Height Code Amendments (Janice) - <*3024 - Consider CL'P for Large Vehicle Storage - Review Performance Standards (Mike) MFR Development Moratorium Update. On August I Olh the Council met w ith Consultant Planner John Shardlow in a w ork session to begin to identi fy the Council’s issues, goals and vision forhigherdensitvrcsidcntial development in thcCily. It was a productive session, and should lead to a joint meeting of PC and Council w ithin the next month or so, follow cd by a public review process for any Comp Plan or Zoning changes that might result from the discussions. ORONO PLANNING COMMISSION Monday Augutl 16, 2004 6:00PM 2750 Kftlrv Parkwav - Council Chomhen AGENDA CouDcil Rcpmentathe: inn White AIDIFNCTMEMBERS: Weave tixa ia for the public record at the front podium If you Hith to addrevv the Planning Commiulon. Applicanti Hill be atked lo move to the front table to anvwer quevtioni when the Chair announeei the application. The Planning Commivvion Iv an advivorv body to the City Council, If action it taken on anv itenit on thli agenda, they will be uhidulrd for the Sepiernbcr 13. 2004 Citv Council meeting unleti otberwltc noted by the Chair. SCHEULT.F.O PUBLIC I1EAKINC.S 6:00PM 1 a04-3039 Prcpovcvi Rcvitionv to Orono 7on:ng Code, Sectioni 7S*| 101 through 78 1210, Floodplain and WcllanJt Managrmcrt (Suff Mclamc Cuitivi CONSENT 2 »04-3034 Aperfec: Contlruction. LLC on hcl.alf of Robert P .M.vck. 1580 Sivih Avenue N„ Conditional Use Pemul. (StafT Metanie Curtis) 3 *04-3040 DcanaiidSlicny l.inulblad. 1290 Arbor Street, Variance. (Staff Melanie Curtts) OLD nCSINESS 4 a04-30I0 Theodore Capra, 3534 Ivy Place, Variances, (Suff jance Gundlach) 5 «04>3037 Wav7ata Country Club. 430 Ofd Long Lake Road. Variance. (Staff Janice Gundlach) NEW BUSINESS 6 *04-3041 Rebecca Hoirrm, 3407 East Lake Street, Variances, (StafT: Melanie CurtA) 7. 804-3043 John C Holm and Susan M Kcrber, 1485 Bay Ridge Road, Variance, (SiafT: Melanie Curtis) S 804-3044 Jennifer Simon, 3925 Cherry Avenue. Vanance. (Suff Jan;ceGai:dlach) 9 804-3046 Robert W and Brenda Zoc MacDonald, 2480 Old Beach Road. Aftcr-The-Fact Vanince. (Staff: Janice Gundlach) File ■04 3C39 A*.a«str 2CCX Paje 2 of 3 ordinances which are attached herein The goal is to have these draft ordinances before Uie Council for final approval on August 23'^. Summar) of Floodplain Ordinance Changes: 1. Adoption of the most recent Flood Insurance Rate Map (FIRM) map revisions. 2 Mandated changes in the definitions for: • fowvj/ Floor • Manufactured Homes • Recreational Vehicles • Substantial Damage d- Substantial Improvement • General Flood Plain District 3. Changes to the language regarding flood proofing Accessory Structures - which w ill be requiring two automatic openings in the outside walls of accessory structures 4. Changes to the language tor Flood Fringe Conditional I'ses regarding the automatic openings in Uic walls where internal flooding is to be used as a flood proofing technique 5. Change to the language to Commercial Uses under All Flood Fringe Uses - regarding the measurement of water v elocity 6. Changes in the Administration section regarding the iollowing: • Standards for requiring a permit • Notification for watercourse alterations • Notification to FEMA when phvsical changes inctca>c or decrea>e the I00*year flood elevation • Variances - additional v uriance criteria 7. Sonconforming Uses section regarding historic structures, substantial damage and substantial improvement Summar)' of Welland Ordinance Changes: IVho does the Ordinance apply to'^ The new wetland ordinance will applv in all of the following situations: 1. New developmrnt - A subdivision creating new lots or development of v acant land will be subject to the requirements of this ordinance; or 2. Redevelopment • At any time when a property is redeveloped (i.e. new principal structure built) the property will be expected to meet the requirements of this ordinance, or 3. At any time a land use application is determined by staff or the MC\VD to have adverse affects on a wetland; or 4. At any time a project consists of grading, fill or results in a disturbance area which exceeds 50 cubic yards or 5,000 s.f. tn properties where wetlands arc located. One of the goals of this new ordinance is to incorporate existing MCWD regulations regarding buffer strip requirements and si2C. The size of the buffer area will be determined by the size of the entire w etland body as follows: FUE •04.^039 A.gi.ttn 2004 Pas* 3 013 Size of Wetland Width of Buffer Area From the Wetland Boundary 0 - 1 acre 16.5 feet 1 - 2.5 acres 20 feet 2.5 - 5 acres 25 feet 1 >5 acres 35 feet 1 The City is also establishing regulations exceeding MCWD requirements some arc as follows: 1 Establishment of an official City Wetland Map. in an effort to streamline our regulation and offer a concise map for staff and the public, 2. Establisliment of a 20 foot setback from the buffer for stractures. 3 Establishment of criteria for what defines an “acceptable ” buffer: a. Aesthetics b. Functionality 4. Requirement for submittal of suiA cys and delineations in an electronic format which will enable the city to update the official City Wetland Map with each new delineation Stair Recommendation Planning Staff recommends the Planning Commission forward an appro\al recommendation of both of the draft ordinances to the Council for final approval on August 23'’^. ^•A ARTICLE Mil. FLOODPLAIN AND \\ ETLANDS MANAGEMENT* • Cro»» Reference*: Waiei«ay». eh 94 Slate La%« Reference*: Floodplain nunacen*xnt. Mmn Sut | 103F lOl et *eq . floodplain manaeenient oidir.ance*. Mi:in Sut 5 10?F 121 DIVISION 1. GENER.\LLY Sec. 78-1101. Definitions. In addition to tenns defined in section 7S-I. the following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the coiHe.\t cleaily indicates a dilTercnt meaning Flood means a temporary rise in stream flow or stage that results in inundation of the areas adjacent to the channel Flood frequency means the average frequency, statistically dctcnnined. for which It IS expected that a specific flood stale or discharge may be equaled or exceeded. Flood fringe means that portion of the floodplain outside of the floodw ay. Flood fringe is synoiivinous w ith the term "floodway fnnge" used in the flood insurance study. Stale l.avv References: Sinular piovmons. Minn Slat $ I03F1H. subd. 3 Floodplain means the areas adjoining a watcreourse which have been or hereafter may be covered by the regional flood. Slate Law Reference*: Suuilat piovutoiu.Mum. Slat $ 103F 111. »ubd 4 Floodproofing means a combination of structural provisions, changes or adjustments to properties and structures subject to flooding primarily for the reduction or elimination of flood damages Floodway means the channel of the watcicoursc and those portions of the adjoining floodplains which arc reasonably required to carry and discharge floodwater and provide water storage during a regional flood. Stale I.aw Reference*: Sinular provisions, Mmn Sut $ 103F.111. subd 5 Lake Minnetonka means the naturally occurring lake shown on all the official maps referenced in this chapter, including all bays, channels, inlets, lagoons, marshland and other w ater-connected portions, whether naturally occurring or artificially created: (1) Defined ordinary highwater elevation, 929.4 feet MSL (2) Defined floodplain boundar>% 100 year flood. 931.5 feet MSI Mean sea lex el means elevation measured in feet. Obsiriiciton means any dam. wall, wharf, embankment. Icvcc. dike, pile, bridge, abutment, projection. e.\cavation. channel rectification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter in. along, across, or projecting into any channel, watercourse, wetlands or regulatory flood hazard area which may impede, retard or change the direction of the flow of water, either in itself or by catching or collecting debns earned by such water, or that is placed where the flow of water miglit carry the same dow nstream to the damage of life and property (1) \atnrcil obstruction means any rock. tree, gravel or analogous natural matter that is an obstniction and has been located w ithin the floodplain by a nonliuman cause (2) Artificial obstruction means any obstruction which is not a natural obstruction. Ortlinary high uatcr lexel tOHH'I.} means the boundary of public w aters and wetlands, and shall be an elevation delineating the highest water level which has been mamtamed for a sufficient period of time to lca\ c evidence upon tlie landscape, commonly that pomi where the naiiiral xcgciatioii changes from predominantly aquatic to predominantly terrestrial. For water courses, the ordinarx high water lex cl is the cicxation of the top of the bank of the channel. For reserx oirs and flowages. the ordinary high xxatcr lex el is the operating elevation of the normal summer pool. The designated OIIWL has been dctennined by the slate department of natural resources for certain xx atcr bodies as indicated in article IX of this chapter. Reach means a hydraulic engineering term to desenbe a longitudinal segment of a stream or nver influenced by a natural or manmade obstruction In an urban area, the segment of a .stream or nver betw cen two consecutive bndge crossings xvould most t>pically constitute a reach. Regional flood means a flood which is rcprcsentuiixc of large floods known :o hax’e occuned generally in the state and reasonably charactciistic of xxhat can be expected to occur on an ax erage frequency in the magnitude of the 100-year recurrence intcrx al. Tlic term is sx-nonx-mous xx ith the term "base flood" used in the flood insurance study. Structure means anxihing which is built, constructed or erected, an edifice or building of any kind, or any piece of work artificially built up or composed of pans joined together in some definite manner, which requires a location on, beloxx or above tlie ground, land or xvaicr. Hetlands and marshland mean lowlands covered with shallow mi sometimes temporary or intermittent waters and also identifiable by wetlands vegetation and soil ty-pes. WctUwds soil types includes, but is not limited to r arsl*. (Ma). peat and peaty muck (Pa. Pm), lake beaches (Lc, Ld), Hamel (Ha), and Glencoe (Gc) as identified and classified by the Hennepin Soil and Water Conser\’ation District and'or Circular 39 of the United States Department of the Interior. Fish and Wildlife Scr% ice Wetlands vegetation types includes but is not limited to bulrushes, cattails, arroNNhead. sedges, marsh grasses as identified by the Heiuiepin Soil and Water ConseiA ation District and or Circular 39 of the United States Depaitineiit of the Interior. Fish and Wildlife Scr\ ice. (Code 1984. § 10.55(3). Ord. No. 101 2nd senes. § 3. 2-24-1992) CroM References: Defmmoiu generally. $ 1-2. See. 78-1102. Statement of purpose. It is the purpose of this aniclc to promote the public health, safety and general welfare and to protect the public interest against uncoordinated and unplanned land development which affects marshes, swamps, wetlands, drainagcways. lakes and watercourses, which de\elopmcnt. if allowed to continue, will result in loss and danuL ’c to public and private improvements through inundation by floodwaters and .subsequent expensive construction of storm sew ers and other public projects, in the incparablc destruction of these valuable natural resources, loss of water retention facilities, open space and w ildlife habitats, and impairment of public and pnv ate w ater management piogram and the retention of open land uses which w ill locale pennancnl structures a.nd artificial obstructions so as not to obstruct the pas.sage of w aters nor destroy the natural public water areas, marshes .ind wetlands within the city. In addition to these general purposes, the specific intent of this article is to: (1) Reduce danger to health b> protecting surface and groundwater supplies from the impamnent which results from incompatible land uses by providing safe and sanitary drainage. (2) Reduce the financtal burdens imposed both on this community and on communities within the .Minnehaha Creek Watershed District and the individuals therein by frequent floods and overflow of w ater on lands. (3) Permit and encourage plaimed development land uses which w ill not impede the flow of floodwatcr or cause danger to life or property (4) Permit and encourage land uses compatible w nh the preservation of the natural vegetation and marshes which are a principal factor in the maintenance of constant rates of w ater flow Uuough the year and w hich sustain many species of wildlife and plant growth. (5) Avoid fast runoff of surface waters from developed areas to prevent T pollulional materials, such as animal feces, motor oils, paper, sand, salt and other debris, garbace and foreign materials, from being earned directly into the nearest natural stream. lake or other public waters. Encourage a suitable system of ponding areas to permit the temporary withholding of rapid water runoff which presently contributes to downstream flooding and general water pollution giving preference to areas whieh contribute to groundwater infiltration and iccharge. thereby reducing the need for public projects to contain, store and control such runoff Pio\ ide sufficient land area to carry abnormal flows of stormwater m period of heavy precipitation, and to present needless CNpciuliiurcs of public funds for storm sewers and flood protection devices which proper plaimmg could have avoided Present the development of structures :n areas unfit lor human usage by reason of danger fiom flooding, unsanitary conditions or other Iia/ards Prevent the placement of artificial obstraciions w hich restrict tlie right of public passage and use of the bed. bank and w ater of any creeks, maishcs or watercourses within the cit>. (10)Pioicci against potential loss of life, loss of property, health and s.ifc:> hazards, disruption of commerce and goscnuncntal services, cxiraordinary public e.xpenditurcs for flood protection and relief, and imp.iinnent of the la.\ base, all of which adversely affect llie public health, safety and general welfare. (Code 19S4. 5 10 55(D) See. 78-1103. Statutory authorization, findings of fact aad meiliod of analysis. Pursuant to the National flood Insurance Act of 1%S. the legislature of the state has in Minn Stat. ch I03F delegated the responsibility to local governmental units to adopt regulations designed to minimi/e flood losses. In addition, the regulations of the Lake Minnetonka Conservation Disirict and the Minnehaha Creek Watershed District, the open space policies of the metropolitan council and ns guidelines encouraging proiectum of marshes, wetlands and the floodplain areas all support floodplain and wetlands management controls as provided in this article. The floodplain and w etland areas of the city arc subject to periodic inundation which results in potential loss of life, loss of property, destruction of natural resources, health and safely hazards, disruption of daily life and services, and extraordinary public expenditures for flood protection and relief.' This article is based upon a reasonable method of analyzing flood hazards which is consistent with the standards established by the stale department of natural resources (Code 19S4. § 10.55(2)) L Sec. 78-1104. Compliance. No iitruclure or land shall be used and no structure shall be located, extended, cotuericd or structurally altered without full compliance with the terms ofthts antclc and other applicable regulations which applv to uses within the jurisdiction of this article (Code I9S4, § 10 55(l7)(Bn Sec. 78-1105. Interpretation. In their intcipictation and application, the provisions of this aniclc shall be held to he minimum requii cmcnis ami shall be liberally constnied in fa\or of the city and shall not be deemed a limitation or repeal of any other powers granted by state statutes Tiie boundaries of the floodplain districts shall be determined by scaling distances on the official maps Where interpretation is needed as to the exact location of th-? boundancs of the district as show n on the ulficial maps, as for example where there appears to be a conflict betw een a mapped boundary and actual field conditions, the city engineer shall make the necessary mterptctation based on elevations on the regional (100->earl flood profile. The person contesting the location of the district boundary shall be guen a reasonable opportunity to present his case to the cit> and to submit technical evidence if he so desires (Code 1984. § 10 55(28)) .Sec. 78-1106. Abrogatiun and greater leslriciioiis. It IS not intended by this article to repeal, abrogate or impair any existing ordinance, regulation. ca.senicnl. covenant or deed restriction However, where thi^ article imposes greater restrictions, the prousions of this article shall prevail (CoJe 19S4, § 10 55t29M See. 78-1107. Warning and disclaimer of liability. This amcic docs not implv that areas outside the floodplain districts or land uses permitted w iihtn such districts w ill be free from flooding or flood damages. Tins article sli.ill not create liability on the part of t!ie city or any officer or cmplovec of the city for any flood damages that result from reliance on this ar.icle or any administrative decision law fu!!v made thereunder. (Code 1984. § 10 55(30)) Sec. 78-1108. Ucrmiiion and csiablishnienl of protected arras. The floodplain and wetlands conservation area, hereinafter referred to as the protected area, is defined and establi.shed to be the low areas and floodplain adjoining and including any watercourse or drainage way or body of w ater subject to periodic flooding or overflow. These areas arc divided into the following three protected area districts; (1) Floods ay district (FW). The floodvv ay distnet shall include those areas designated as floodway in the flood insurance study, including without limitation the surface and shoreline of Lake Minnetonka below elevation 929.4 MSL. the surface and shoreline of other lakes, ponds and wetlands below the ordinary high water elevation, and the designated floodway of ail streams and llowage areas. (2) Flood fringe district (FFDi The flood fringe district shall include those areas designated as floodway fringe in the flood insurance study, including without limitation the shoreline of Lake Minnetonka between elevations 929.4 MSI. and 931.5 .MSL, tlie area between the floodway and the edge of the 100-year flood on all other lakes. pond.s and streams, all designated sheet flow areas, all intennittent streams, and ponding areas and all lands containing soil tNpes classified as wetlands soils, whether or not there is water standing on those soils at ar.^ gi\cn time (3) General floihlplaiu district (GFPf. The general floodplain distnet shall include those areas studied by approximate methods and designated as unnumbered A zones by the flood insurance rate map GbP areas may include both floodw ay and flood fringe areas Development of lands containing designated GFP areas shall be contingent upon submittal by ihe dcvciopci of topographic data (at contour intervals of no greater than two feci) and or other engineering analysis sufficicni for the city to detcniiir.e the .ictual cMcnt of tlic floodway and or the fiod fringe Upon such detcnniiiation. the re.sinctions of the FW .md n-D districts slull appiv (Code 19S4,§ 10.55(4)) Cross References: Dcrmitions geccially, § See. 78-1109. orricial fluoil prulecliun maps. (a) The boundanes of the floodplain and w ctlands conscrv ation areas shall be and arc dcstgiutcd as shown on one or more of the following official maps (1) Tliosc areas designated and shown as stream, lake, marsh, wooded marsh, submerged marsh, inundation area, inlcnniltent lake or intermittent streams by the United States Department of the Interior, through the Geological Survey on maps and supporting data designated as .Mound Quadrangle, Minnesota (N\V 4 Lake .Miniictonka (1958)] and Excelsior Quadrangle, .Minnesota (N\V, 4 Lake .Minnetonka (195S)]. (2) Those a:eas designated and show n as w ctLnds soil types on the wctlands inventory and classification aerial plat map overlay s prcp.ircd by the Hennepin Soil and Water Conservation Distnet (June. 1975). (3) Those areas designated and shown as general floodplain. floodw*ay or flood fnngc by the Federal Insurance Administration on the Flood Boundary and Floodw ay Maps. Orono. Minnesota, and FK od Insurance Rate Maps. Orono. Minnesota, dated October 17, 1978. Specifically included is the explanatory material and tabular information contained in the Federal Insurance Administration Flood Insurance Study for Orono, Minnesota, dated April 1978. (b) The maps and studies designated m subsection (a) of this section are adopted by reference as the official maps for the cstablishTr.^ui of the floodplain and wetlands conserv ation areas and are made a p-rt of this aniclc as if fully set out in this section. At least one copy of each official map shall be kept on file in the office of the clerk, administrator and shall be available for public review during all normal office hours. (Code 1984. § 10,55(5)) Sec. 78-1110. Zoniog use districts. The zoning use districts as designated on the official zoning map shall remain unchanged w ith the adoption of this article. The provisions of this article, including the designation of floodplain and wetlands conservation areas, shall be m addition to all other provisions of this chapter. \Micne\er conflicts occur between other provisions of this chapter and provisions of this aniclc, the m.st restrictive provision shall prcva.l. (Code 1984, § 10.55(6)) Sec.78-1 111. Regulatory Hood prutcctionelevation. Tlie regulatory flood protection elevation shall be an elevation no lower than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the floodplain (1 ) The regulatory flood protection elev ation w ithin the floodway and flood fringe districts shall be established b> adding I.O foot to the base flood water surface elevations within floodway listed in the flootlway data table contained in the flood insurance study. Regulatory flood protection elevations between cross sections shall be interpolated. (2) The regulatory flood protection elevation for Lake Minnetonka shall be 932 5 MSL. (3) The regulatory flood protection elevation within the general floodplain di.strict shall be calculated by a qualified registered professional engineer in accordance with procedures set forth in this article (Code 1984, § 10.55(7)) See. 78-1112. Development restricted; prohibllioo. Except as specifically permitted, no filling, grading, dredging, excavation, bard cover, temporary or permanent structures, obstructions, septic systems, well or other construction shall be allowed within the floodplain and wetlands conservation area; nor on any lands \\ithin 26 feet of such area; nor on any land within 7S feet of the ordinar>f highwater elevation of any lake shoreline, nor on land Cutting, adjoining or affecting the area if such activity upon those adjacent areas is incompatible with the policies expressed in this article and the preservation of those conservation areas in their natural state. (Code 1984, § 10.55(8)) Sec. 78*1113. FhMdway district (n^*). The following uses have a low flood damage potential and do not obstruct flood flows, lliese uses shall be permitted within the floodway district to the e.xtcnt that they are not prohibited by any other provision of this Code and provided all permits or authorizations arc received as may be required by other provisions of this Code or regulation of other governmental agencies having jurisdiction, including w ithout limitation, the .Minnesota Department of Natural Resources, the .Minnehaha Creek Watershed District, and the Lake Minnetonka Conservation District. In addition, no use shall adversely affect the capacity of the channels or floodways or any tributary to the main stream or of any drainage ditch, or any other drainage facility or system, and no use shall adversely affect the quality or quantity of groundw alcr runolT or the quality of the natural environn.ent. (I) Permitted uses, when in conformance w ith this chapter, are: Agricultural uses, such as pasture, grazing and w ild crop harvesting. Fish and wildlife sanctuaries. Recreational uses, such as fishing accesses, unpav ed hiking, biking, horseback or nature trails, and picnic areas Residential uses, such as lawns and gardens, provided no filling, grading or hard cover is involved. Seasonally installed residential boat docks for single-family dwellings. f. g- Natural stone riprap shoreline protection. Sand beach blankets meeting the requirements of the department of natural resources regulation 6MCAR15021B. (2) Conditional uses, when in conformance with this chapter, are: All other forms of shoreline protection, including w ood, metal, mortared stone or concrete seaw alls. L_ I All dredging or excavation of material from any lake bed, pond, or wetland or from adjacent land thereto. All permanent boat docks or other similar structures. All multiple boat docks, including residential or commercial structures, whether seasonal or permanent. f g- h. Water control structures, such as dams, culverts and weirs. Bridges and abuimcnt.s Utility lines. Other similar uses not specifically listed when approved by the council and other rcgulator>' agencies, but no use shall be approved which will restrict or obstruct any flood flow or which will raise the level of any flood flow. (Code 19S4, § 10 55(9)) Sec. 78<1 114. Flood fringe district. The follow mg uses ha\ e a low flood damage potential and do not obstioict flood flows. Tlicsc uses shall be pennitted within the flood fringe district lo the extent th.v. they are not prohibited by any other provision of this Code and provided all permits or authorizations arc received as may be required by other provision of this Code or regulation of other governmental agencies having jurisdiction, including witlraut limitation the Minnesota Department of Natural Resources, the Minnehaha Creek Watershed District, .ind the l ake Minnetonka Conservation District. In addition, no use shall adversely affect the capacity of the channels or floodw ays or any tributary to the main stream or of any drainage ditch or any other drainage facility or system, and no use shall adversely alTect the quality or quantity of groundw ater runoff or the quality of the natural environment. (I) Permitted uses, when in conformance with this chapter, are; Agricultural uses, such as pasture, grazing and w ild crop harvesting. Kish and wildlife sanctuaries. Recreational uses, such as fishing accesses, unpaved hiking, biking, horseback or nature trails, and picnic areas. Residential uses, such as lawns and gardens, provided no filling, grading or hard cover is involved i L_ Seasonally installed residential boat docks for single-family dwellings. C g- Natural stone nprap shoreline protection. Sand beach blankets meeting the requirements of the department of natural resources regulation 6MCAR1S021B Agricultural uses, such as general farming, outdoor plant nurseries, horticulture, truck farming and forestr>’ Recreational uses, such as golf courses, tennis courts, driving ranges, archery ranges, parks and nature preserves. In areas other than w etlands, grading, filling or excavating of ten cubic yards or less, and subject to the appropriate permits as regulated elsewhere in this Code. (2) Conditional uses, when in confonnance w ith this chapter, are; All otl;cr fonns of shoreline protection, including wood, metal, mortared stone or concrete seawalls. All dredging or excavation of material from any lake bed, pond, or wetland or from adjacent land thereto. c. d. All permanent boat docks or other similar structures. All multiple boat docks, including residential or commercial structures, whether seasonal or permanent. Water control structures such as dams, culverts and weirs. Bridges and abutments. Utility lines. Other similar uses not specifically listed when approved by the council and other regulatory agencies, but no use shall be approved which w ill restrict or obstruct any flood flow or which w ill raise the level of any flood flow. Residential accessory structures, such as open decks and patios provided the structure meets the setbacks required by section 78- 1112. 1 j. Commercial storage of boats and marina equipment in the B-2 dtsliici, provided all storage meets the requirements of the B-2 district. k. Other accessor)’ uses not specifically listed when approved by the council, but no use shall be approved w hich will restrict or obstruct any flood flow or which will raise the level of any flood flow. l. All structures constructed as conditional u sltall be constructed in accordance w ith the state building code (Code 1984, §§ 10.55(9). 10.55(10); Ord No 171 2nd scries. § 3.4-4-199S) Sec. 78-1115. Minimum lot area requirements. The minimum lot area requirements of this chapter shall be interpreted to mean that all of the required land area for c.tch building site shall be in one contiguous parcel undivided by floodway or flood fringe, and no land within the protected area shall be included in detennination of minimum lot area except as follow s: (1) For propeiiies not servcd by municipal sanitar>’ sewcr. the minimum lot area may be di\idcd by flo^ fringe Lands, provided at least 2 0 acres of land not w ithin the protected area is included in one contiguous p.irccl, and legal access is available to that building site w nhout encroachment on the protected area (2) For properties serv ed by municipal sanitary sew cr. the minimum lot area may be divided by flood fringe lands, provided at least one-half acre of land not w ithin the protected area is included in one contiguous parcel and both municipal sew er and legal access is available to that building site w ithoul encroachment on the protected area. (3) For properties abutting a classified public water, for purposes of complying w ith minimum lot area requircmcnis, an area credit w ill be allowed for land within the flood fnngc abutting the public w ater when such flood fringe land is not w etland. The owner or developer of such property will be credited with an amount of his land within the nonw etland flood fnnge equal to but not exceeding the amount of his adjacent land w hich othenvise qualifies for development under this chapter. (4) All properties which were granted lot area credit or development density credit for w etlands as part of a subdivision, lot area variance, building permit approval or other city approval process under pnor city ordinances (specifically. Ordinance No. 125. adopted December 28.1970; Odinance No. 213, adopted October 26. 1978; and Ordinance No. 1 2nd series, adopted March 12.1984) shall be considered as legally nonconforming as to lot area or density per such original approval. After the effective date of Ordinance No. 176, adopted June 6.1998, wetlands shall not be credited toward minimum lot area requirements or for purposes of compl>'ing with any land use density, open space, building unit to land area ratios, or other similar requirements of the land development and zoning provisions, except that wetlands may be allowed as area credit for meeting the 150 percent back lot area requirement as long as the back lot contains sufTicicnt dry buildable land to satisfy the minimum acreage requirement of the underlving zoning district. (Code 19S4. § 10.55(15); Ord. No. 176 2nd series. § 1.6-6-1998) See. 78-1116. Special assessments. Tlie land area in the floodplain and wetlands conservation area which is not to be developed and is not used for credit as in section 7S-1115(3). and which is dedicated as an easement shall not be subject to special assessments to defray the cost of other municipal improvement projects, including but not limited to tnink sanitar>' sewer and water mains and stomi sewer impro\ cmcnis. (Code 1984, § 10.55(16)) Sec. 78-1117. Standards for ftoodway and flood fringe conditional uses. (a) Alt uses. No structure (temporary or pernanent), fill, deposit, obsiaiciion, storage of materials, equipment, or other use may be allowed as conditional uses which, acting alone or in combination w ith existing or reasonably anticipated future uses, adversely affect the capacity of the fioodw ay or increases flood heights (1) No fill shall be deposited in the floodway. and any f !I deposited in the flood fringe shall be no more than the minimal amount necessarv to conduct a conditional use. Generally, fill shall be limited to that needed to grade or landscape for that use and shall not in any way further obstruct the flow of floodwaters. (2) Spoil from dredging shall not be deposited in (he fioodway nor in the flood fringe. (3) All fill shall be protected from erosion by vegetative cover in the form of grass, natural ground covers, shrubs and trees as determined by the council. (4) All filling and grading activities shall be performed w ith only clean fill. (b) Structural work for food control. Structural work for flood control, such as dams, levees, dikes and floodwal's, shall be allowed only upon issuance of a conditional use permit In addition, any proposed work in the beds of public waters which w ill change the course, current or cross section of the waters shall be subject to the provisions of all applicable slaTutes. (Code 1984, § 10.55(11)) See. 78-1118. Land development and platting. No part of any lot wiihm the floodplain and wetlands conservation area shall be platted for residential occupancy or for other uses which w ill increase the danger to health, life, property or the public w elfare. All lots containing land w ithin the floodplain districts shall contain a building site above the rcgulatorv' flood protection elevation All subdivisions shall have w ater and sewage disposal facilities that comply w ith the provisions of this article and have road access no low cr than two feet below the regulatory flood protection elevation Whenever a portion of the floodplain and wetlands conservation area is located wiihin or adjoins a land area that is being subdivided, the subdividcr shall dedicate to the city an adequate pcipctual casement over the land w ithin the protected area and along each side of such area Ibr the purjiose of improving or protecting the area for drainage or other purposes expressed in this article and other recreational uses, as detennined by the council. Public or private streets, drisew - drainage openings and culverts shall not be constrtictcd unless their design h- approved by the city, and such smicturcs shall be designed so as not to rcstru. tr. flow of water. Subdiv ision applicants shall provide all certified engineering data, surveys, site plans, flow age calculations and other information as the city may require m order to detenmne the effects of such development on the aflected land and w atcr areas. (Codel9S4.§ 10.55(15)) Sec. 78-1119. Removal of arlinrial ohsiruclion. If an artificial obstruction is found after investigation by the city, an order shall be Issued to the owner, follow ing ten da>s* written notice and hearing, for removal within a icasonable tunc as may be presenbed by the condition and type of artificial obstruction. If the owner shall fail to remove the artificial obstruction or if the ow ner cannot be found or detennined, the city shall have the power to make or cause such removal to be made, the cost of which shall be borne by the owner or specially assessed against the lands in the same manner as prescribed by law for the levy of special assessments for municip.il improvements, notw ithstanding section 7S-1116. The special assessment shall be certified to the county auditor for collection in the same maimer as :he ad valorem real propenv tax of the city. (Code 19S4.§ I0.55(17)(A)) Sees. 78-1120-78-1140. Reserved. DIVISION 2. administration AND ENFORCEMENT* Croit RefercDCMi Administration, ch. 2. (4) Increase the financial burdens imposed on the community through increased floods and overflow of water onto land areas within the city or onto land areas adjacent to Minnehaha Creek. (5) Be not in keeping with land use plans and planning objection- for the city or \^hich will increase or cause danger to life or property. (6) Be inconsistent with the objectives of encouraging land uses compatible with the preserv ation of the natural land forms, vegetation and the marshes and wetlands. (7) Include development of land and water areas essential to continue the temporary withholding of rapid runoff of surface water w hich contributes to dow'nstream flooding or water pollution or for land and water areas w hich provide groundwater infiltration w hich diminishes the land area necessary to caay increased flows or stomiwater following periods of heavy precipitation. (c) Notice of all applications for variances to this article shall be sent to the commissioner of natural resources in the same manner as notices of conditional use pemiit applications. ^d) Applications for variances to this article shall be reviewed according to engineering conditions and rcle\ ant factors in the same manner as pros ided for conditional use permit applications; and in granting a variance, the city may prescribe .ippropnate conditions and safeguards w hich are in conformity with the purposes of this article. Violations of such conditions and safeguards, when made a pan of the terms under w hich the variance is granted, shall be deemed a violation of this anicle. punishable as provided in this chapter. (Code 1984.5 10.55(25)) Sec. 79-1144. Nonconforming uses. A structure or the use of a structure or premises w hich w as law ful before January 1 1, 1979. or before amendment of this aniclc but w hich is not in confomiity w ith the provisions of this article may be commued subject to the follow ing conditions: (1 ) No such use shall be expanded, changed, enlarged or altered in a way which increases its nonconformity. (2) No structural alteration or addition to any nonconfonning structure over the life of the structure shall exceed 50 percent of its value at ilic lime of its becoming a nonconforming use unless the structure is permanently changed to a conforming use or unless the alteration or addition w ould substantially reduce potential flood damages for the entire structure. (3) Any alteration or addition to any nonconforming use which w ould result in substantially increasing its flood damage potential shall be protected in accordance with section 78-1176(5). (4) If such use is discontinued for 12 consecutive months, any future use of the building premises shall conform to this article. The assessor shall notify the zoning administrator in writing of instances of nonconforming uses which have been discontinued for a period of 12 months. (5) If any nonconfomiing use is destroyed by any means, including floods, to an c.xtent of 50 percent or more of its assessed value, it shall not be reconstructed e.xcept in conformity w ith the provisions of this article. However, the city may issue a conditional use permit for reconstruction if the use is located outside the floodway and. upon the reconstruction, is adequately floodproofed, elevated or othennsc protected in conformity with this article (6) Uses or adjuncts which arc or become luii.sanccs shall not be entitled to continue as nonconforming uses. (7) Except as provided in subsection (5) of this section, any use which has been permitted as a conditional use shall not be considered as a nonconforming use. (8) Nonconforming uses located in the floodway district shall be eliminated or brought into conformity with the standards conuined in this article within a reasonable period of time as determined by the city, afler a hearing for each such nonconforming use The council shall make its determination upon the basis of the normal useful life of any improvement upon the premises. In addition, the monetary value of any competitive advantage derived by the operation of such nonconforming use, by reason of the limitation on establishment of competing businesses as a result of this article, shall be considered as a reduction of losses resulting from the requirement of termination of the use under this article. (Code 1984, § 10.55(26)) See. 78-1145. Amendments. The floodplain designation on the oflicial maps shall not be removed from floodplain areas unless it can be shown that Ute designation is in error and that the area is at or above the elevation of the regional flood and is contiguous to lands outside the floodplain. Special exceptions to this rule may be permitted by the commissioner of natural resources if he determines that, throu^ other measures, lands are adequately protected for the intended use. All amendments to this article, including amendments to the official maps, must be submitted to and approved by the commissioner of natural resources prior to adoption. Changes in the official maps also require prior approval by The Federal Insurance Administration. (Code 19S4. § 10.55(27)) Secs. 7g-1146-7JM165. Resrrsed. Subdivision II. Permits and Ccrltficate of Zoning Compliance See. 78-1166. Declaration of nuisance. Any filling, alteration, constmetion or artificial obstruction of the floodplain and \scilands conservation area is declared to be and to constitute a public nuisance unless a pcnv.it to construct and maintain the obstruction has been obtained in the manner provided in this subdivision (Code 19S4. § 10 55(17)) See. 78*1167. Required. A use pennit issued by the zoning administrator in confomiity \* ith the provisions of this article shall be secured pnor to the: (1) Erection, addition or alteration of any building or structure; (2) Use or ch.mge of use of a building, structure or land; (3) Change or extension of a nonconfomr.ng use, and (4) Placcmciu of fill or excavation of materials within the floodplain. Where required by this article or any other zoning provisions, such use permit may require prior review and approval by the plamung commission and the council. (Code 1984. § 10 55(19)) See. 78-1168. Certificalc of zoning compliance. It is unlaw ful to use. occupy or permit the use or occupancy of any building or premises, or both, created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure until a certificate of zoning compliance shall have been issued by the zoning administrator stating that the use of the building or land confomts to the requirements of this article. Where a nonconfonmng use or structure is extended or substantially altered, the certificate of zoning compliance shall specifically state the manner in which the nonconforming structure or use differs from the provisions of this article (Coile 1984. § 10.55(22)) L See. 78-1169. Applications. Applications for a use permit shall be made to the zoning administrator on fonns provided by him and shall include all information required by this article, other zoning provisions, and or any other information required by the zoning administrator, city engineer, plaiuiing commission or Uie council. (Code 19S4.§ 10 55(19)(A)) Sec. 78-1170. Stale and federal permits. Prior to granting a use pemiit or processing an application for a conditional use pennit or variance, the zoning administrator shall determine that the applicant has obtained all necessary' state and federal permits (Code 19S4.§ 10 55(19KB)) See. 78-1171. Permit approval. The granting of any permit under other pros isions of this chapter sliall not imply the approval of aiiv work or use of land or water w ithin the floodway or flood fringe districts Where specifically required by this article, such approval may be e.xprcssly given in conjunction w ith other permits applied for. but no approval shall be implietl from the grant of such pcnnits nor from the necessity to apply for a permit as desenbed in this subdivision. (Code 1984. § 10 55(20)) See. 78-1172. Kffect of permit. The granting of a pennit under the provisions of this subdivision shall in no w ay affect the owner's rcspoasibihly lo obtain the appros ul required by any other statute, provision of this Code, or regulation of any state agency or subdivi.sion, (Code 19S4.§ 10.55(21)) See. 78-1173. Constructiun and use to be as approved. Use pcmiiis. conditional use pemuts. or ccnificatcs of zoning compliance issued on the basis of approved plans and applications authorize only the use. arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement or construction. Any use, arrangement or construction at variance w ith that authorized shall be deemed a violation of titis article, and punishable as provided in this chapter. The applicant shall be required to submit certification by a registered professional engineer, registered architect or registered land surveyor that the finished fill and building elevations w ere accomplished in compliance w ith the provisions of this article. Floodproofing measures, where pcmiitled, shall be cenifieJ by a registered professional cncinecr or registered architect. (Code 1984, § r0.55(23)) —■** Sec. 78*1174. Conililiooal use permit review. (a) Plainung comnn.ssion. council .Applications for conditional use pcirmts shall be reviewed by the planning commission and the coi neiJ in the same manner as other zoning conditional use permit applications. No conditional use pennit shall be issued unless the applicant, m support of hts application, shall submit certified engineering data, sur\ cys, site plans, flowagc calculations and other information as the city may require in order to determine the effects of such development on the affected land and water areas. (b) \otu c to state. Upon filing of an application for a conditional use pennit, the zoning administrator shall submit to the commissioner of natural resources a copy of the application for proposed conditional uses sufficiently in advance so that the commissioner will receive at least ten da> s' notice of the hearing. A copy of all decisions granting conditional penmts shall be forvsardcd to the commissioner of natural resources w ithin tc:' days of such action (c) Condmons of appro\al In granting a conditional use penmt, the city ma> prescribe appropriate conditions and safeguards, which arc in confonnity with the purposes of this article. Violations of such conditions and safeguards, when made a part of the temis under wliich the conditional use pemiit is granted, shall be deemed a violation of this aniclc punishable as provided in this chapter. (d) Enginccni.g review The city engineer or other designated evpcrt shall review applications for conditional use pennits and applications for uses within the general lloodplain district and. con.sistciU with Minnesota Regulations NRS6-S7. shall dcicnninc whether the proposed use is in the floodwav or flood fnnee and shall dclcnmnc the regulatory flood protceiion elevation. The dcsienatcJ engineer or expert shall: (1) Hstimute the peak discliuigc of the regional flood. (2) Cvlciilaie the w alcr surface profile of the regional flood based upon a hydraulic anaivsis of tlie stream channel and overbank areas (3) Compute the floodwav necessary to convey the regional flood without increasing flood stages more than 0.5 foot An equal degree of cncroacitmcnl on both sides of the stream within the reach w ill be assumed (c) Factors upon which the decision of the city shall he based In passing upon conditional u.sc applications, the city shall consider all relevant factors specified in other prov isions of this article, and (I) The danger to life and property due lo increased flood heiglits or velocities caused by encro,.chmcnis. r The danger that materials may be swept onto other unds or do^^•nstrcam to the injur>' of others. The proposed water supply and sanitation s\'stcms and the ability of these systems to prevent disease, contamination and unsanitary conditic.is The susceptibility of the proposed facility and its contents to flood d 'mage and the effect of such damage on the individual owner The importance of the services provided by the proposed facility to the community. (6) (7) The requirements of the facility for a w aterfront location. The availability of alteniative locations not subject to flooding for the proposed use. Tlie compaiibility of the proposed use with existing development and development anticipated in the foreseeable future. The relationship of the proposed use to the comprehensive plan and floodplain management program for the area. (10)The safety of access to the property in times of flood for ordinary and emergency vehicles. (ID The e.xpccied heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at tltc site (12) Such other factors which are relr» ant to the purposes of this article. (Code 1984, § 10.55(12)) Sec. 7S-1175. City determination. Based up- -n the technical evaluation of the designated engineer or expert, and based upon the factors listed in this subdivision, the city shall determine whether the proposed use is in the floodway or flood fringe and the regulatory flood protection elevation at the site (Code 1984. § 10.55(13)) .Sec. 78-1176. Conditiont attached to conditioiial use permits. Upon consideration of the factors listed in this subdivision and the purpose of this article, the city may attach such conditions to the granting of a conditional use permit os it deems necessary to fulfill the purposes of this article. Such conditions may include lilhli but au'c not limited to the following: (1) Modification of waste disposal and water supply facilities. Litn ta>«t>n; on period of use, occupancy and operation Imposition of operational controls, sureties, and deed restrictions. (2) (3) (4)Requirements for construction of channel modifications, dikes, levees and other protective measures. (5) Floodproofing measures, in accordance with the state building code. The applicant shall submit a plan or document certified by a registered professional engineer or architect that the floodproofing measures arc consistent with the regulatory* flood protection elevation and associated flood factors for the particular area. (Code 1984, § 10.55(14)) Secs. 78-1177-78-1210. Reserved. ©C. 3 ARTICLE VIII. FLOODPLAIN MANAGEMENT ORDINANCE TABLE OF CONTE?CTS DIN ISION I STATUTORY AUTHORIZ.\TiON. FINDINGS OF FACT ANT) PURPOSE 1101 St2tutor>‘ Authonzatior. 7S-U02 Findings of Fact 7S-1103 Statement of Purpose DD'ISION 2 GENER.AL PROVISIONS 7S-U04 7S-1105 78-1106 78-1107 7S-:i08 7S-1109 73.1110 78-1111 Lands to Which Otdinance Applies Establishment of Official Floodplain Overlay Distnet Map Regulator> Flood Protection Elevation Interpretation Abrogation and Gieater Restrictions Wamivg and Disclaimerof Liaf • t> Severability Definitions DIVISION 3 ESTABLISHMENT OF FLOODPLAIN OVERLAY DISTRICTS 78-1112 D ish ids 78-1113 Compliance DIN ISION 4 floodway DISTRICT (FW) 78-1114 Permitted Uses 78-1115 Standards for Floodway Penniticd Uses 78-1116 Conditional Uses 7S-1117 Standards for Floodway Conditional Uses DIVISION 5 FLOOD FRINGE DISTRICT (FF) 78-1118 Permuted Uses 78-1119 Standards for Flood Fnngc Permitted Uses 78-1120 Conditional Uses 78-1121 Standards for Flood Fnnge Condiiior-al U k$ 78-1 122 Standards for All Flood Fnnge Uses DIN ISION 6 GENER-NL FLOOD PLAIN DISTRICT 78-1123 Permitted Uses 78-1124 Procedures for Floodway and Flood Fnngc Determinations i Dtsinct-i Map. I‘h'2004 n\uiaa i. PAGE 1 9 9 10 10 12 13 13 DIVISION 7 SUBDIVISIONS 78-1125 78-1126 78-1127 Land Suitability Review Criteria Re<;uiremcnts for FloodwayTlood Fnnge Determinations Removal of Special Flood Hazard Area Designation SECTION 8 UTILITIES. RAILROADS. ROADS. AND BRIDGES 78-1128 78-1129 78-1130 Public Utilities Public Transportation Facilities On-site Sewage Treatment and Water Supply Systems DIVISION 9 78-1131 DIVISION 10 PLACEMENT OF RECREATIONAL VEHICLES Recreational Vehicles ADMINISTRATION 78-1132 78-1133 78-1134 78-1135 Planning Director Permits, Certification Requirements and Record Keeping Appeals and Vanances/Duties of the Cit)‘ Council Conditional Uses-Standards and Evaluation Procedures SECTION II 78-1136 SECTION 12 NONCONFORMING USES Nonconforming Uses PENAL TIES FOR VIOLATION 78-1137 78-1138 Violations Authority/Enforcemeni Actions SECTION 13 AMEND.MENTS 78-1139 78-1140 Floodplain Designation Amendments to the Official Floodplain Overlay District Map J DiUnrul Map, lfh20C4 14 14 14 14 15 IS 15 13 17 17 17 18 19 20 20 23 23 23 24 24 ARTICLE VTII. FLOODPLAIN MANAGEMENT ORDINANCE ONE-MAP FORMAT' Flood luMutiitice RiUi’ Miip has been p ib'nl'cd fo> the coinniuinn ivui the Rcgtilatoiy Floodway bouudaiy u .>»i dm mop .4 icpauire Flood Bottnda>y tvid Fhudway \tnp hm not been published DIVISION I STATUTORY AUTHORIZATION. FIN15INOS OF FACT AND PURPOSE See. 78-1101 Siaiulory Authori/ation. The legislature of the State of Minnesota has, in .Minnesota Statutes Chapter 103F ar.J Minnesota State Statute 462 35'' delegated the respons.bility to local government units to adopt regulations designed to mminuzc flood losses Therefore, the City Council of the City of Oiono. Minnesota does ordain as follows: Sec. 78-1102 Findings of Fact (a) The Hood hazard areas of the City of Orono, Minnesota, are subject to periodic inundation which results in potential loss of life, loss of property, health and safety hazards, disruption of conunercc and governmental services, extraordinary public expenditures for flood protection and relief, and inipairmcnt of the tax base, all of which adversely affect the public health, safety , and general wclfaie (b) .Methods Used to Analyze Flood Hazards. I hi.s Ordinance is based upon a reasonable method of analyzing flood hazards which is> consistent with the standards established by the Minnesota Department of Natural Res .rces Ic) National Flood Insurance Ihopam Compliance. This Ordinance is adopted to comply w ith the rules and regulations of the National Flood Insurance Program codified as 44 Code of Federal Regulations Parts 59 -7S. as amended, so as to mamtaun the comnuinity s eligibility in the National Flood lnsurjr.ee Program See. 78-1103 Statement of Purpose It IS the purpose of this Ordinance to promote the public health, safety, and general wclf.irc and to mmimize those losses desenbed in Section 78*1102(a) by provisions contained herein DIVISION 2 GENFR.M. PROVISIONS See. 78-1104 I ands to Which Ordinance Applies: This Ordinance shall apply to all lands w ithin the jurisdiction of the City of Orono shown on the Oflicial Floodplain Overlay District Map and or the attachments thereto as being luv atcd w ithm the boundaries of the Floodw ay. Flood Fringe, or General Flood Plain Districts Sec. 78-1105 Establishment of Omdid Floodplain Osertay District Map. The Official Floodplain Os <^lay District Map together w ith all matenals anached thereto is hereby adopted by reference and declared to be a part of this ordinance. 1 he attached material »’■ ih 'iclude the Flood Insurance Study. Volume 1 of 2 and Volume 2 of 2. Hennepin County. Minnesota. Jurisdictions and the Flood Insurance Rate Map panels numbered 27053C0144E. 27053C0165E. 27053C0254E, 2-053C0285E. 27053C0292E. 27053C0301E. 27053C0302E. 2"053C0303.27053C0304E. 27053C030oE. 2-053C0307E. 27053C030SE. :;053C0311E, 27053C0312E. 27053C0312E. 27053C0316E for the City of J Distna~l Uap l>'i 300* te*t$iom I- L Orono. dated September 2.2004, is de\*eIoped by the Federal Emergency Management Agency. The OfTicul Floodplain Overlay District Map shall be on file in the office of the Planning Director. Sec. 7S-1I06 Regalalory Flood Protection Elevation The regulatory fiood protection elesiiion shall be an elevation no lower than one foot abos-e the elevauon of the regio^ flood plus any inacases in flood elevation caused by encroachments on the flood plain that result from designation of a floodway Sec. 7S-1107 Interpretation (a) in their interpreution and application, the provnsions of this Ordinance shall be held to be m.nimum requirements and shall be liberally construed in favor of the City Council and shall not be deemed a limitation or repeal of any other pow ers granted by state statutes (b) The boundaries of the zoning distnets shall be determined by scaling distances on the Official Floodplain Overlay District Map Where interpretation is needed as to the exact location of the boundaries of the district as shown on the Official Flotxlplatn Overlay District Map. as for example where there appears to be a conflict betw een a mapped boundary and actual field conditions and there is a formal appeal of the decision of the Planning Director, ihe City Council shall make the necessary intcrprctauon. All decisions will be based on elevations on the regional (lOO-xear) flood profile, the ground elevations that existed on the site at the time the Community adopted its ir.'tial floodplain ordinance, and oihcr available technical data. Persons contesting the location of the district boundaries shall be given a reasonable opportunit) to present their case to the City Council and to submit technical evidence Sec. 7S-110S Abrogation and Greater Restrictions It IS not intended by this Ordinance lo tcpcal. abiogate. or impair any existing easements, covenants, or deed restrictions. Howcv ’cr. where this Ordinance imposes greater restrictions, the provisions of this Ordinance shall prevail. All other ordinances inconsistent with this Ordinance are hereby repealed to the extent of the inconsistency only See. 78-1109 \% arKing and Disclaimer of Llabiliix This Ordinance does not imply that areas outside the flood plain districts or land uses permuted within such districts will be free from flooding or flood damages. This Ordinance shall not create liability on the part of the City of Orono or any officer or employee thereof for any flood damages that result from reliance on this Ordinance or any administrative decision lawfully made thereunder Sec. 78-1110 Sexerabiliiy If any section, clause, provision, or portion of this Ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Ordinance shall not be affected thereby. See. 78-1111 Dcfiallions (a) Unless specifically defined below, words or phrases used in this Ordinance 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. (1) Accessory Use or Structure • a use or structure on the same lot w iih. and of a nature customarily incidental and subordinate to. the principal use or structure. J Dut'ui ’l Map. lJI/2004 rtntiot L (5) (6) (7) (8) (9) (10) Basement • means any area of a structure, including craw*, spaces, hasing its floor or base subgrade (below ground level) o:. all four sides, regardless of the depth of excas'ation below ground level. Conditional Use - means a specific :>pe of structure or land use listed in the official connol that may be allowed but only after an in-dcpth review procedure and w ith appropnatc conditions or restrictions as provided in the official zoning controls or building codes and upon a finding that; Certain conditions as detailed in the coning ordinance ex;>t The structure and or l.-nd use conform to the comprehensive land use plan if one exists and are compatible with the existing neighborhood. Equal Dcgiee of Encroachment • a method of determining the location of f.oodway boundaries so that flood plain lands on both sides of a stream arc capable of conx eying a proportionate share of flood flows. Flood - a temporary increase in the flow or stage of a s*ieain or in the suge of a wetland or lake that results m the inundation of normally dry areas. Flood Frequency ■ the frequency for which it is expected that a specific flood stage or discharge may be equaled or exceeded. Flood Fringe - that portion of the flood plain outside of the floodway. Flood fringe is synonymous with the term "floodwTiy fringe" used in the Flood Insurance Study Flood Plain - the beds proper and the areas adjoining a wetland, lake or watercourse which have been or hereafter may be covered by the regional flood Flood Proofing • a combination of structural provisions, changes, or adjustments to properties and structures subject to flooding, primarily for the reduction or eliminution of flood damages Floodway - the bed of a wetland or lake and the channel of a war. course and those poiiions of the adjoining flood plain w hich are reasonably required to carry or store the regional flood discharge. (II)Lake Minnetonka • Lake Minnetonka means the naturally occuning lake shown on all the official maps tcfeicnced in this chapter, including all bays, channels, inlets, lagoons, marshland and other water-connected portions, whether naturally occurring or artificially created; Defined ordinary high water elevation. 929 4 feet ,MSL. Defined floodplain boundary, 100-ycar flood. 931.5 feet NiSL as established by the Minnehaha Creek Watershed District (MCWD). J Dutrtct’l Slap. t/tflOC* rriouHi (12) Lowest Floor • the lowest floor of the '.ow est enclosed area (including basement). An unfinished or flood resistant enclosure, used solely for parking of vehicles, building access, or storage in an area other than a basement area, is not considered a building's lo\vest floor. (13) Manufactured Home • a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation \shcn attached to the required utilities The term “manufacrured home" does not include the tern “recreanonal vehicle " (14) Obstruction • any dam, wall, wharf, embankment. le\ cc. dike, pile, abutment, projection, excavation, channel modification, culvert, building, wnre. fence, stockpile, refuse, fill, structure, or matter in. along, across, or projecting iruo any charutel. watercourse, or regulatory flood plain which may impede, retard, or change the direction of the flow of w ater, either in itself or by catching or collecting debns earned by such water (15) Piincipai Use or Sii-uclurc • means all uses or structures that arc not accessor) uses or structures. (16) Reach • a h>draul:c engineering term to describe a longitudinal segment of a strea.m or river influenced by a natural or man-made obstruction In an urban area, the segment of a stream or river between two consecutive bridge crossings would most typically constitute a reach (17) Recreational Vehicle ♦ a vehicle that is built on a single chassis, is 400 square feel or less when measured at the largest honzontal projection, is designed to be self-propelled or peimanenily towable by a light duty truck, and is designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use For the purposes of this Article, the term recreational vehicle shall be synonymous with the term travel trailer travel vehicle. (IS) Regional Flood - a flood w hich is reprcscnUliv c of large floods known to have occurred generally in .Minnesota and reasonably characienstic of what can be expected to occur on an average frequency in the magnitude of the lOO-ycar recurrence interval. Regional flood is synonymous w ith the term "base flood" used in a flood insurance study. (19) Regulatory Flood Protecuon Elevation - The regulatory flood protection elevation shall be an elevation no lower than one foot above the elevation of the regional flood plus any tncrcascs in flood elevation caused by encroachments on the flood plain that result from designation of a floodway. a. The regulatory flood protecuon elevation within the floodway and flood fringe distnets, except for Lake Minnetonka, shall be established by adding 1 0 foot to the base flood water surface elevations w ithin floodway listed in the floodway data table contained in the flood insurance study. Regulatory flood protection elevations between cross sections shall be interpolated b. The regulatory flood protection elevation for Lake Minnetonka shall be 932.S MSL c. The regulatory flood protection elevation w ithin the general floodplain district shall be calculated by a qualified registered professional engineer m accordance with J Dumet-J iUf. l:h20Ct muM •4 procedures se: forth in this article. (20) Structure - an>ihmg conflicted or erected on the ground or attached to the ground or on* site utilities, including, but not limited to. buildings, factones, sheds, detached garages, cabins, manufactured homes, recreational vehicles not meeting the exemption cntena specified in Section 78*1131(1) of this Ordinance and other similar items (21) Substantial Damage - means damage of any origin sustained by a structure uhere the cost of restoring the structure to lU before damaged condition uould equal or exceed SO percent of the market value of the structure before the darrage occurred. (22) Substantial Improvement - within any consecutive 365-day period, any reconstruction, rehabilitation (including normal maintenance and repair), repair after damage, addition, or othCT improvemem of a structure, the cost of which equals or exceeds 50 percent of the maiket \-alue of the structure before the “start of construction ” of the improvement. This term includes structures that have incuncd "substantial damage," regardless of the actual repair work performed. The tcmi docs not. however, include cither; a Any project for improxcmcni of a structure to correct cxisiing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions. b. Any alteration of an "histone structure.” provided that the alteration will not preclude the smiciurc’s continued designation as an "histone structure " For the purpose of this Ordinance, "histone structure" shall be as defined in Code of Tederal Regulations, Part 59.1. (231 Variance • means a modification of a specific permitted development standard required m an official control including this Ordinance to allow an alternative development standard not slated as acceptable in the official control, but only as applied to a particular properly for the purpose of alleviating a hardship, practical dilTiculty or unique circumstance as defined and elatoraied upon in a commumt/s respective planning and zoning enabling legislation DI\TSION 3. ESTABLISHMENT OF FLOODPLAIN OVERLAY DISTRICTS Sec. 78*1112 Districts (a) Floodway District. The Fioodway District shall include those areas designated as floodway on the Flood Insurance Rate Map adopted in Section 78-1105. (b) Flood Fringe District. The Flood Fringe District shall include those areas designated as Hoodway fringe. The Flood Fringe District shall include those areas shown on the Flood Insurance Rate Map as adopted in Section 7S*I 105 as being w ithin Zone A£ but being located ouuide of the fioodway. (c) General Flood Plain Distnct. The General Flood Plain District shall include tho'• arras designated as Zone A or Zone A£ without a floodway on the Flood Insurance Rate Map adopted in Section 78-1105. J Dtunehl Map. 1/1/2004 irtutoa Sec. 7S«1113 ConpUance No rew structure or land shall hereaAer be used and no structure shall be constructed, located, extended, converted, or structurally altered without full compliance with the terms of this Ordinance and other applicable regulations which apply to uses within the jurisdiction of this Ordinance. Within the Floodway, Flood Fringe and General Flood Plain Distncis, all uses not listed as permmed uses or conditional uses m Divisions 4.5 and 6 that follow, respectively, shall be prohibited. In addition, a cauuon is provided here that New manufactured homes, replacement manufactured homes and certain travel trailers and travel vehicles are subject to the general provisions of this Ordinance and specifically Division 9. Modifications, additions, structural alterations, normal maintenance and repair, or repair after damage to existmg nonconforming structures and nonconforming uses of structures or land are regulated by the general provisions of this Ordinance and specifically Section 7S* 1136 As-built elcsations for elesated or tlood proofed suuctures must be certified by ground surveys and flood proofing techniques must be designed and certified by a registered professional engineer or architect as specified in the general provisions of this Ordinance and specifically as stated in Section 78-1133 of this Ordinance. Sec. 78-1114 Permiilcd t scs DmSION 4 FLOODWAY DISTRICT (FW) (a) General fanning, pasture, gta/ing, outdoor plant nur>cTtc$, hoiticulture, truck farming, forestry, sod fanning, and wild crop harvesting (b) Pnvate and public golf courses, dnvnng ranges, archery ranges, picnic grounds, public boat launching ramps, swimming areas, parks, wildlife and namre preserves, game farms, fish hatchenes, shooting preserves, target ranges, trap and vkect ranges, hunting and fishing areas, and single or multiple purpose recreational trails. (c) Residential lawns, gardens, parking areas, boat launching ramps, and play areas, provided no filling, grading or hardcover is involved. (d) («) (0 Seasonally installed residential boat docks for single-family dwellings. Natural stone riprap shoreline protection. Sand beach blankets meeting the requirements of the DNR regulation 6MC^.1502 IB Sec. 78-1115 Standards for Floodway Permilted t'ses (a) The use shall have a low flood damage potential . (b) The use shall be permissible m the underlying zonmg distnct tf one exists. 3 Dutna-l •6 J (c) The use shall not obstruct flood flou-s or increase flood elevations and shall not involve snrtictures, fill, obstructions, excavations or storage of nutcnals or equipment (d) The use shall be permitted within the flood x ay district to the extent that they are not prohibited by any other provision of mis Code and provided all permits or authorizations arc received as may be required by other provisions of this Code or regulation of other governmental agencies ha% ing jurisdiction, including wthout limitation, the Minnesota Department of Natural Resources, the Mirmehaha Creek Watershed District, and the Lake Minnetonka Conservation District (e) No use shall adversely afTect the capacity of the channels or floodways or any tributar> to the mam stream or of any drainage ditch, or any other drainage facility or sy stem. See. 7S-1 116 Conditional l ies (a) Structures accessory to the uses listed in 78*1 1 14 above and the uses listed in 78-1 1 16(a) subsections 1 - 8 below. 1 Extraction and storage of sand, gravel, and other materuls. 2. Mannas, boat rentals, docks, piers, w harves, and water control structures. 3. Railroads, streets, bndges. utility trarsniission lines, and pipelines. 4 Storage yards for equipment, nuchmery. or materials. 5. Placement of fill or construction of fences 6. Structural vsorks for flood control such as levees, dikes and floodwans constructed to any height where the intent is to protect indiviJial structures and levees oi dikes where the intent is to protect agricultural crops for a frequency flood event equal to or less than the 10-ycar frequency flood event 7. All other forms of shoreline protection, including wood, metal mortared stone or concrete seawalls. 8. All peimanent boat docks or other similar structures. See. 78-1117 Standards for Floodway Conditional I’scs (a) All Uses No structure (temporary or permanent), fill (including fill for roads and levees), deposit, obstruction, storage of materials or equipment, or other uses may be allowed as a conditional use that w ill cause any increase in the stage of the 100-ycar or regional flood or cause an increase in flood damages m the reach or reaches affected. (b) All floodway conditional uses shall be subject to the procedures and standards contained in Secuon 78-11 3S of this Ordinance. (c) The conditional use shall be permissible in the underlying zvmmg district if one exists. i DtutKi-J Map. I t,TOO* rpuion Fill 3. Fill, dredge spoil, and all other smtilar irater.als. if approved to be deposited or stored, deposited or stored m the flood plain shall be no more than ihc irinimal amount necessary to conduct a conditional use. The fill, dredge spoil, and all other similar materials deposited or stored in the flood plain shall be protected from erosion by vegetative cover, mulching, riprap or other acceptable method. Dredge spoil sites and sand and gravel operations shall not be allowed in the floodway unless a long-term site development plan is submitted which includes an erosion sedimentation prevention element to the plan. As an alternative, and consistent with Subsection (d)(2) immediately above, dredge spoil disposal and sand and gravel operations may allow temporary, on-site storage of fill or other materials which w ould have caused an increase to the stage of the lOO-year or regional flood but only after the Governing Body has received an appropriate plan which assures the removal of the materials from the floodway based upon the flood warning time available The conditional use permit must be title registered w ith the property in the Office of the County Recorder. 4. All filling and grading activities shall be performed with only clean fill. Accessory Structures 1. Accessory s'.ruciufcs shall not be designed for human habitation 2. Accessory structures, if permitted, shall be constructed and placed on the building site so as to ofTa the minimum obstruction to the f.ow of ilood waters: a. WTiencver possible, strucnircs shall be constructed with the longitudinal axis parallel to the direction of flood flow, and b. So far as practicable, structures shall be placed appro.ximatcly on the same flood flow lines as those of adjoining structures. 3. Accessory structures shall be elevated on fill or structurally dry flood proofed in accordance with the FP-I or FP-2 flood proofing classifications in the State Building Code. ,As an alternative, an accessory strticlurc may be flood proofed to the FP-3 or FP-4 flood proofing classification in the State Building Code prov ided the accessory structure constitutes a minimal investment, does not exceed 500 square feet in size at Its largest projection, and for a detached garage, the detached garage must be used solely for parking of VYhtcles and limited storage. All flood proofed accessory structures must meet the following additional standards: a. The structure must be adequately anchored to prevert flotation, collapse or lateral movement of the structure and shall be designed to equalize hydrostatic flood forces on exterior walls; J Dittittt-i t I 70C*-8- b. Any mechanical and utility equipment m a stnicrure must be clex'ated to or above the regulatory ftood protection elex-atior. or properly flood proofed: and c. To allow for the equalization of hydrostatic preitsure. there must be a minimum of two “automatic” openings in the outside wall* of the structure ha\^ng a total net area of not less than one square inch for ev ery square foot of enclosed aiea subject to flooding. Thae must be openings on at least two sides of the struciuie and the bonom of all openings must be no higher than one foot above the lowest adjacent grade to the structure. Using human intervention to open a garage door prior to flooding will not satisfy this requirement for automat le openings (f) Storage of Mulenals and Equipment. 1. The storage or processing of materials lliat arc. in time of flooding, flammable, c.xplosive. or potentially injurious to human, animal, or pla.nt life is prohibited. 2. Storage of other materials or equipment may be allowed if readily removable from the area w iihin the time available after a flood warning and in accordance with a plan approved by the City Council (g) Flood Control Structural works for flood control that will change the course, cunent or cross section of protected wetlands or public waters shall be subject to the provisions of Minnesota Statute. Chapta 103G Community-wide structural works for flood control intended to remove areas from the regulatory flood plain shall not be allowed in the floodway (h) A Icvcc. dike or floodwall constructed in the floodway shall not cause an increase to the inO- year or regional flood and the technical analysis must assume equal conveyance or storage los» on both sides of a stream DIVISION 5 FLOOD FRINGE DISTRICT (I F) See. 78.|ll8Pcrmiiicdl'scs (a) Ihie uses listed in Section 7g-l 114 of this Ordinance shall be pemutted uses (b) All other permitted uses shall be those uses of land or structures listed as pcnniitcd uses in tlic underly ing zoning use disnicUs) If no pre-existing, underlying zoning use districts exist, then any residential or non residential smicturc or use of a structure or land shall be a permitted use in the Flood Fnnce District provided such use does not constitute a public nuisance. All permitted uses shall comply with the standards for Flood Fringe Distnet "Pcrmiucd Uses” listed in Section "8-1119 and the "Standards for all Ftood Fringe Uses" listed in Section 78-1 122 Sec. 7S-1 119 Standards for Flood Fringe Permitted Uses (a) All structures, including accessory structures, must be elevated on fill so that the lowest floor including basement floor is at or above the regulatory flood protection elevation The finished fill elevation for structures shall be no lower than one (I) fool below the regulatory flood protection elevation and the fill I Oasttf! l S$ap IW2Wi -9 b. Any mechanica! and utility equipment in a strucUirc must be elcv-aicd to or above the regulatory flood protection elex-ation or properly flood proofed: and c. To allow for the equalization of hydrostatic pressure, there must be a minimum of two "automatic” openings in the outside w alls of the structure haxing a total net area of not less than one square inch for every square foot of enclosed aiea subject to flooding. Thac must be openings on at least two sides of the structuic and the bonom of all openings must be no higher than one fool above the lowest adjacent grade to the structure. Using human interx'ention to open a garage door prior to flooding w ill not satisfv this requirement for automatic openings (0 Storage of Materials and Equipment. 1. The storage or processing of mater lals Ural are. m time of Hooding, tlammablc. c.xplosive. or potentially injurious to human, animal, or plant life ts piohibiied. 2. Storage of other malerials or equipment may be allowed if readily removable from the area within the time available after a flood warning and in accord.incc with a plan approved by the City Council. (g) Flood Control Structural works for flood control that will change the course, current or cros> HTction of protected wetlands or public waters shall be subject to the provisions of Minnesota Statute Chapter 1030 Community-wide structural works for flood control intended to remove areas from the regulatory flood plain shall not be allowed in the floodway (h) A levee, dike or floodwall constructed in the floodway shall not cause an increase to the 100- y«mr or regional flood and the technical analysis must assume equal conveyance or storage loss on both sides o; a stream DIVISION 5 FLOOD FRINGE DISTRICT (FF> Sec. 78-1118 Permillcd I'scs (a) The uses listed in Section 78-1114 of this Ordinance shall be permitted uses (b) All other permitted uses shall be those uses of land or structures listed as permitted uses in the underlying zoning use district(s) If no prc-c.xisting. underlying zoning use districts exist, then anv residential or non residential structure or use of a structure or land shall be a permitted use in the Flood Fringe District provided such use docs not constitute a public nuisance. All permitted uses shall complv with standards for Hood Fringe District "Permitted Uses" listed in Section ”S-1 119 and the ' SianJatds for all Flood Fringe Uses" listed in Section 7g-l 122. See. 78-1119 Standards for Flood Fringe Pcrmilled Uses (a) All structures, including accessory stracturcs. must be elevated on fill so that the lowest floor includmg basement floor is at or above the regulatory flood protection elev ation. The finished fil! elevation lor structures shall be no lower than one (1) fool below the regulatory flood protection elevation and the fill S Diunct! stop to 200J 9- shall extend at such elevation at least fifteen (15) feet beyond the outside limits of the structure erected thereon. (b) As an alternative to elevation on fill, accessory strucnircs that constirjte a minimal investment and that do not exceed 500 square feet at its largest projection mav be intemallv flood proofed in accordance with Sct.tion 78-1117(c)(3). (c) The cumulative placement of fill where at any one time in excess of onc-fnousand (1.000) cubic yards of fill is located on the parcel shall be allowable only as a conditional isc. unless said fill is specifically intended to elevate a structure in accordance wuh Section 78-11 19ri) of this ordinance (d) The storage of any materials or equipment shall be elevated on fill to the regulatory flood protection elevation. (e) The provisions of Section 78-1122 of this Ordinance shall apply. See. 78-1120 Conditional Uses Any structure that is not elevated on fill or flood pioofed m accordance with .Seciion 7S-1119(a) - (b) and or any use of land that docs not comply with the standards in Section 78-1 1 19(c) and (d) shall only be allowable as a conditional use. An application for a conditional use shall be subjeci to the standards and criteria and evaluation proccdure.s specified in Sections 7S-1121 - 78-1122 and 78-1135 of this Ordinance. Sec. 78-1121 Standards for Flood Fringe Conditional Uses (1) Alternative elevation methods other than the use of fill may be utilized to elevate a structure's lowest floor above the regulatory flood protection elevation. These ahcmaiivc methods may include the use of stilts, pilings, parallel walls, etc., or above-grade, enclosed areas 'uch as crawl spaces or luck under garages. The base or floor uf an endowed area shall be considered above-grade and not a structure's basement or lowest floor if; I) the enclosed area is abovc-gradc on ai least one side of the structure: 2) it is designed to intemallv flood and IS constructed with flood resistant materials, and 3) il is used solely for parking of vehicles, building access or storage. The abovc-nolcd alternative elevation methods are subject to fnc following additional standards: a. Design and Ccnification - The snuctorc's design and as-built condition must be certified by a registered professional engineer or architei *s being in compliance with the general design standards of the State Budding Coflv and. specifically, that all electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities must be at or above the regulatory flood protection elevation or be designed lo prcveni flood water from entering or accumulating within these components during limes of flooding. b. Specific Standards for Above-grade, Enclosed Areas - Above-grade, fully enclosed areas such as crawl spaces or tuck under garages must be devigned to internally flood and the design plans must stipulate. 1. A minimum area of openings in the w alls where internal flooding is to be used as a flood proofing technique. There shall be a minimum of two openings on at least two sides of the structure and the bottom of all openings 3 DtSUict-l Alep t/l/2094 ftyutot - 10- shall be no higher than one'foot above grade. The automatic upen.r.gs shall have a mmtmutr. net area of not less than one square inch for ever> square foot subject to flooding unless a rcgi-stered professional engineer or architect certifies that a smaller net area would suffice The automatic openings mjy be equipped wiCn screens, louvers, valves, or other coverings or devices provided that they pemn the automatic entr> and exit of flood waters without any form of human interv ention, and 2 That the enclosed area w ill i>c designed of tlood ie>.stunt materials in accordance with the FP-3 or FP-4 ciassificaiions in the Slate Building Code and shall be used solely for building access, parking of vehicles or storage. (2) Basements, as defined by Scctu>n TS-1 11 1(a)(2) of this Ordinance, shall be subject to the following a. Residential basement construction shall not be allowed below the reguLtorv f ood protection elevation b. Non-icsidenlial basements may be allowed K*low tlic legulaloty flood piotcttior. elevation provided the baseme-t is structurally dry flood proofed in accordance with Section 7S-11 21 (3) of ihu Ordinance i3) All areas of non residential structures including basemen's to be ^laced below the regulatory flood protection elevation shall be flood proofed in accordance with the strucrurally dry flood proofing classifications in the State Building Code Siiucturaliy dry flood pro*»fing must meet the FP-l or FP-2 flood proofing classification in the State Building Code and this shall require making the structure watertight with the walls substantially impermeable to the passage of water .'iiu w ith structural components having the capability of re*isiing hydrostatic and hydrodynamic loads and the effects of buoyancy Structures flood proofed to the FP-3 or FP-4 classification shall not be permitted (4) When at any one time more than 1,000 cubic yards of fill or other similar material is located on a parcel for such activities as on-site storage, landscaping, sand and gravel operations, landfills, roads, dredge spoil disposal or construction of flood control works, an erosion, sedimentation control plan must be .vubmmcd unlcs.> the community is enforcing a stale approved shoreland management ordinance. In the absence of a state approv ed shotcland ordinance, the plan must clearly specify methods to be used to stabilize the fill on site for a flood event at a minimum of the 100-year or regional flood event. The plan must be ptepaird and certified by a registered professional engineer or other qualified individual acceptable lo the City Council. The plan nuy incorporate alternative procedures for removal of the material from the flood plain if adequate flood w ammg time exists. (5) Storage of .Materials and Equipment a. The storage or processing of materials that ate. tn time of flooding, flammable, explosive, or potcniialiy injurious to human, animal, or plant life is prohibited i UM’ici ! step. 1/1/2004 rruiu»i Storage of other matenals or equipment may be allowed sf readily removable from the area within the time available after a flood warning and in accordance with a plan approvxd by the City Council. (6) The provisions of Section 7S-1122 of this Ordinance shall also apply Sec. 78-1122 Standards for All Flood Fringe Uses: (a) All new principal structures must have vehicular access at or above an elevation not more than tw o (2) feet below the regulatory flood protection elcvution If a variance to this requirement is granted, the Cit>' Council must specify limitations on the period of use or occupancy of the .structure for times of flooding and only after dciemiming that adequate flood warning time and local flood emergenev response procedures exist. (b) Commercial L'ses - accessory land uses, such as yards, railroad tracks, and parking lots may be at elevations lower than the regulators flood protection elcvaiion. However, a permit for such facilities to be used by the employees or the gencTal public shall not be granted in the absence of a flood warning s\ stem that provides adequate time for evacuation if the area would be inundated to a depth and velocity such ihat when multiplying the depth (in feet) times velocity (in feet per second! the product number excKds four (4> upon occurrence of the regional flood. (c) Manufacturing and InJustnal Uses - measures shall be taken to minimize interference with normal plant operations especially along streams having protracted flood durations Certain accessory land uses such as yards and parking lots may be at lower elevations subject to requirements set out in Section 78- 1122(b) above In considenng permit applications, due consideration shall be given to needs of an indus*.ry whose business requires that it be located in flood plain areas. (d) Fill shall he properly compacted and the slopes shall be p.opcrly protected by the use of riprap, vegetaiivc cover or other acceptable method The Federal Emergency Management Agency (M.MA) has established criteria for removing the special flood hazard area designation for certain structures properlv elevated on fill above the 100-vcar flood elevation - FEMA’s requirements incorporate specific fill compaction and side slope protection standards for mulii-structure or multi-Iot developments These standards should be investigated pnor to the initiation of site preparation if a change of special flood hazard area designation will be requested (c) Hood plain dcvelopmenu shall not adversely affect the hydraulic capatiiv of the channel and adjoining flood plain of any tributary watercourse or drainage system where a floodway or other encroachment limit has not been specified on the Official Floodplain Overlay District Map. (0 (g) Standards for recreational vehicles arc contained in Section 78-1131. All manuiactuted homes must be securely anchored to an adequately anchored foimdation system that resists floution. collapse and lateral movement. Methods of anchoring may include, but are r.ut lO Sr limited to, use of ovcr-thc-top or frame ties to ground anchors. This requiremer • \ ’it iA5dttion to applicable state or local anchoring requirements for resisting wind fw.-'i Dl - ilfi'iSiS V iENERA l flood PLAIN DISTRICT 3 Datna l U»p. 11 •12- -------- Sec. 78.1 12J Permitted Utc« (a) The uses listed m Section 78-1 1 14 of this Ordinance shall he permitred uses. (b) All other uses shall be subject to the floodway llood mnge evaluation criteria pursuant to Section ■'8*1 124 below. Division 4 shall apply if the proposed use is in the FIov-*d\v ay District and Division 5 shall apply if the proposed use is in the Flood Fnr.ge District Scr. 78-1124 Procedures for Floodssay and Flood Fringe Delvnninalioiis ssiihln the General Flood Plain District. (a) Upon receipt of an applicatum for a permit or other approval within the General Flood Plain District, the applicant shall be required to fumsh such of the follow ing information as is deemed necessary by the Planning Director for the determination of the regulatory flood protection elevation and wlKther the proposed use is w ithin the Floodway or Flood Fringe District. 1. A typical valley cross-section(s) show mg the channel of the stream, elevation of land areas adjoining each side of the channel, cross-sectiona! areas to be occupied by the pioposed development, and high water information. 2 Plan (surface view) show mg elevations or contours of the ground, pertinent structure, fill, or storage elev ations, the st/e. location, and spatial aaangement of all proposed and existing structures on the sue. and the location and elevations of streets 3. Photographs showing existing land uses, vegetation upstream and downstream, and soil types. 4 Profile showing the slope of the bonom of the channel or flow line of the stream for at least 500 feet in eiOier direction from the proposed development (b) llie applicant shall be responsible to submit one copy of the above information to a designated engineer or other expert person or agency for technical assistance m determining whether the proposed use is m the Floodway or Flood Fringe District and to determine the regulatory flood protection elcvaiion. Procedures consistent with Minnesota Regulations 19S3. Parts 6120.5000 - 6120 6200 and 44 Code of Federal Regulations Part 65 shall be followed in this expert ev aluation The designated engineer or expert is strongly encouraged to discuss the proposed technical evaluation methodology with the respective Department of Natural Resources* Area Hydrologist pnor to commencing the analysis The designated cnginccx or expert shall 1 . Estimate the peak discharge of the regional flood 2. Calculate the vv atcr surface profile of the regional flood based upon a hydraulic analysis of the stream channel and overbank areas. 3. Compute the floodway r.rccssary to convey or store the regional flood without increasing flood stages more th.an 0 5 foot. A lesser stage increase than 0.5' shall be required if, as a result of the additional stage increase, increased flood damages i Otsi'ict-l Mfp. t'ICWyi rrntHM -13- would result. An equal degree of encroachment on both sides of the stream w ithin the reach shall be assumed in computing floodway boundanes. (c) The Planning Director shall present the technical evaluation and findings of the desigruted engineer or expert to the Governing Bod> The Governing Body must formally accept the technical evaluation and the recommended Floodway and or Flood Fringe Dismct boundary or deny the permit application The Governing Body, prior to official action, may submit the application and all supporting data and analyses to the Federal Emergency Management Agency, the Depart.ment of Natural Resources or the City Council for re\ncw and comr mt. Once the Floodway and Flood Fringe District Boundaries have been determined, the Governing Body shall refer the matter back to the Planning Director who shall process the permit application consistent with the applicable provisions of Divisions 4 and 5 of this Ordinance. DIVISION 7. SUBDIN'ISIONS Sec. 78.1125 Review Criteria No land shall be subdivided which is unsuitable for the tea>on of nooding. inadequate drainage, water supply or sew-age treatment facilities. All lots within the flood pbm districts shall be able to contain a building site outside of the Floodway District at or above the regulatory flood protection elevation. All subdiv tsions shall have w atcr and sew age treatment facilities that comply w ith the provisions of this Ordinance and have road access both to the subdivision and to the individual building sites no lower than two feet below the regulatory flood protection elevation. For all subdivisio.ns in the flood plain, the Floodway and Flood Fringe District boundanes. the regulatory flood protection elevation and the required elevation of all access roads shall be clearly labeled on all required subdivision drawings and platting documents Sec. 78*1126 Floodway/Flood Fringe Dcirrminations in the General Flood Plain District In the General Flood Plain District, applicants shall provide the mfonnation required in Section 78- 1124 of this Ordinance to dcicmimc the 100-ycar flood elevation, the Fioodway and Flood Fringe District boundaries and the regulatory flood protection elevation for the subdivision sits Sec. 78*1127 Removal of Special Flood Haiard Area Designation The Federal Emergency Management Agency (FEMA) has established critciia tor removing the special flood hazard area designation for cenatn structures properly elevated on fill above the lOO-ycar flood elevation. FE.MA's requirements incorporate specific fiil compaction and side slope protection standards for multi-structure or multi-lot developments These standards should be investigated prior to the initiation of sue preparation if a change of special flood hazard area designation will be requested. DIV ISION 8 PUBLIC LTILITIES. RAILROADS. RO.ADS. AND BRIDGES 78*1128 Public I tilitics All public utilities and facilities such as gas, electrical, sewer, and water supply systems to be located in the flood plain shall be flood proofed in accordance with the State Building Code or elevated to above the regulatory* flood protection elevation. 78-1129 Public TransporUlion Fadlitirs Railroad tracks, roads, and bndges to be located w uhtn the flood plain shall comply w*ith Divisions 4 and 5 of this Ordinance. Elevation to the regulatory flood protection elevation shall be provided w here failure or intcmiption of these transportation facilities w ould result m danger to the public health or safety or where such facilities arc essential to the orderly functionmg of the area. Minor or au.\ilury roads or railroads i D-.vnti-l Kt»p. I l'20(U •tmioi 1 ;nay be constaicted at a lo^^’cr elevation where failure or interruption of c^antportation serv’ices would not endanger the public health or safety. 78*1130 On-siic Sesvage Treatment and Water Supply Systems Wheie public utilities are not provided. 1) On-site water supply systems must be designed to minimize or eliminate infiltration of flood waters into the systems; and 2) New or replacement on-site sewage treatment systems must be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the syatems into flood waters and they shall not be subject to impairment or contamination during times of flooding Any sewage treatment ssstem designed in accordance with the State's cunent statewide standards for on-site sewage treatment systems shall be determined to be in compliance with this Section. DIXTSION 9. PLACEMENT OF RECREATIONAL VEHICLES Sec. 78-1131 Recreational Vehicles Recreational vehicles that do not meet the exemption criteria specified in Section 7S-113I(I) below shall be subject to the provisions of this Ordinance and as specifically spelled out in Section 7S-1131 (3) below. (1) F.xcmpiion - Recreational vehicles arc exempt from the provisions of this Ordinance if they are placed in any of the areas listed in Section (2) below and further they meet the follow ing criteria a. Have current licenses required for highway use. b. Are highway ready meaning on wheels or the internal jacking system, arc attached to the site only by quick disconnect type utilities commonly used in campgrounds and recrcjlioral vehicle parks and the recreational \chiclc has no permanent structural type additions attached to it c. The recreational vehicle and associated use must be permissible in any prc-cMsting, underlying zoning use district. (2) Areas Exempted For Placement of Recreational Vehicles: a. Individual lots or parcels of record b. Existing commercial recreational vehicle parks or campgrounds c. Existing condominium type assuciaiions. (3) Recreational vehicles exempted in Section 78-1131(1) above lose this exemption when development occuis on the parcel exceeding S500 for a stiuctuial addition to the iccieationai vehicle or exceeding S500 for an accessory structure such as a garage or storage building. The recreational v-ehtcle and all additions and accessory structures w ill then be treated as a new structure and shall be subject to the elevation flood proofing requirements and the use of land restnctions specified in Divisions 4 and 5 of this Ordinance Ihcrc shall be no development or improvement on the parcel or attachment to the recreational vehicle that 3t^ia-tMcp t/l '20Q* 'putM 15- hmden the reTno\*al of the recreattona! vehicle to a food-free location should Hoodmg occur. DfV'ISION 10. ADMINISTRATION Sec. 7S-1132 PtiBOlRg Director A Planning Director or designee shall administer and enforce this Ordinance. If the Planning Director finds a violation of the prosnsions of this Ordinance the Planning Director shall notify the person responsible for such violaiion m accordance with the procedures s‘.atcd in Section 7S-1138 of the Ordinance. Sec. 7S-1133 Permit Requirements (a) Permit Required. A Permit issued by the Planning Director in conformity vsnh the provisions of this Ordinance shall be secured prior to the erection, addition, modification, rehabilitation (including normal maintenance and repair), or alteration of any building, structure, or portion thereof; pror to the use or change of use of a build.r.g. siiucturc, or land, prior to the construction of a dam. fence, ot on site septic system; prior to the change or extension of a nonconforming use. prior to the repair of a structure that has been danuged by Hood. fire, tornado, or any other source, and pnor to the placement of fill, excavation of materials, or the storage of materials or equipment within the food plain. (b) Application for Permit. Application for a permit shall be made in duplicate to the Planning Director on forms furnished by the Planning Director and shall include the follow ing where applicable plans in duplicate drawn to scale, showing the nature, location, dimen.sions. and elevations of the lot; existing or proposed structures, fill, or storage of matcnals. and the location of the foregoing in relation to the stream channel. (c) State and Federal Penniis. Prior to granting a permit or processing an application for a conditional use permit or variance, the Planning Director shall determine that the applicant has obtained all necessary stale and federal permits (d) Certificate of Zoning Compli-ncc for a New. Altered, or Nonconfomiing L’se It s.’4ll be unlawful to use. occupy, or permit the use or occupancy of any building or premises or part thereof hereafter created, erected, changed, converted, altered, or enlarged in its use or structure until a certificate of zoning compliance has been issued by the Planning Director stating that the use of the building or land conforms to the requirements of this Ordinance (c) Con.struciion and Use to be as Provided on .Applications. Plans. Permits, Variances and Certificates of Zoning Compliance. Pcnnits. conditional use permits, or certificates of zoning compliance issued on the basis of approved plans and applications authonze only the use. arrangement, and construction set forth in such approved plans and applicaf ms. and no otha use, arrangement, or construction Any use, arrangement, or construction at variance w ith that authorized shall be deemed a violation of this Ordinance, and punishable as provided by Section 78-1138 of this Ordinance. (0 Certification The applicant shall be required to submit certification by a registered professional engineer, registered architect, orrcginered land surveyor that the finished fill and building elevations were accomplished in compliance wnit iie provisions of this Ordinance. Flood proofing measures shall be certified by a registered professional engineer or registaed architect. J DiV’itt t %Up /// 290*-16- (g) Record of First Floor Ele\ aiion. The Planning Director shai; maintain a record of the elexauon of the lowest f.oor (including basement) of al! new sUuctures and alterations or additions to existing structures in the foodplain. The Planning Director shall also maintain a record of the elevation to which structures or alterations and additions to structures are flood-proofed (h) Notifications for Watercourse A'terations The Planning Director shall notify, in nvenne situations, adjacent communities and the Commissioner of the Department of Natural Resources pnor to the coirrmunity authorizing any alteration or relocation of a watercourse If the applicant has applied for a permit to work n the beds of public waicis pursuant to Minnesota Statute, Chapter 1030, this shall suffice as adequate notice to the Commissioner of Natural Resources A copy of said notification shall al o be submitted to the Chicago Regional Office of the Federal Emergency Management Agency (FtMA). (i) Notification to FEMA When Physical Changes Increase or Decrease the 100-\car Flood Elevation. As soon as is practicable, but not later than six (6) months after the date such supporting information becomes available, the Planning Director shall notify the Chicago Regional Office of FEMA of the changes by submitting a copy of said technical or scientific data Sec. 78-1134 Appeals and \ ariances-Duties of the City Council (a) Rules. The City Council shjil adopt rules for the conduct of business and may exercise all of the powers conferred on such Bodies by State law. (b) Administrative Renew. The City Council shall hear and decide appeals where it is alleged there :s enor in any order, requirement, decision, or determination nude by an admmtsu c off rial m the enforccncnt or administration of this Ordinance. (c) Variances. The City Council may authorize upon appeal in specific cases such rclicfor variance from the terms of this Ordinance as will not be contrary to the public interest and only for those circumstances such as hardship, practual difficulties or circumstances unique to the property under consideration, as provided for in the respective enabling legislation for planning and zoning for cities or counties as appropriate hr the granting of such vanancc. the City Council shail clearly identify in writing the specific conditions that existed consistent with the criteria specified in this Ordinance, any other zoning regulations in the Communiiy. and m the respective crubling legislation that justified the granting of the varia.nce. No variance shall have the cITcct of allowing in any district uses prohibited in that district, permit a lower degree of flood protection than the regulatory flood protection elevation for the particular area, or permit standards lower than those required by sute law tV x follow ing additional variance entena of the Federal Emergency Management Agency must be satisfied 1 Vanances shall not be issued by a community within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result. 2 Vanances shall only be issued by a community upon (i) a showing of good and sufficient cause, (u) a dcicnnination tliat failuie to grant the \-aiiance would result in c.xccplionaI hardship to the applicant, and (iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, rrcaie nuisances, cause fraud on or victimization of the public, or confl :t with existing local laws or ordirunces. SDiV' ct-l \tcp I'I‘2004 rr^uton 3. Variances shall only be issued upon a determination that the \-anance is the minimum necessary, consider.ng the flood hazard, to afford relief. (d) Heanngs Upon filing with the City Council of an appeal from a decision of the Planning Director, or an application for a x'anance. the City Council shall fix a reasonable time for a hearing and give due notice to the parties in interest as specified by law. The City Council shall submit by mail to the Commissioner of Natural Resources a copy of the application for proposed variances sufficiently in advance so that the Commissioner w ill receive at least ten days notice of the hearing. (e) Decisions. The City Council shall arrive at a decision on such appeal or \-anance within 60 day's. In passing upon an appeal, the City Council may. so long as such action is in confomiity with the provisions of this Ordinance, reverse or affinn, wholly or m pari, or modify the order, requirement, decision or determination of the Planning Director or other public official. It shall make it.s decision in wr.t’'Mj setting forth the findings of fact and the reasons for its decisions. In granting a variance the City Council may presenbe appropriate conditions and safeguards such as those specified in Section 78-1135(6). which arc m confomiity w iih the purposes of this Ordinance Violations of such conditions and safeguards, when made a part of the terms under w hich the variance is granted, shall be deemed a violation of this Ordinance punishable under Section 7S-1 1 3S A copy of all decisions granting variances shall be forwarded by mail to the Commissioner of Natural Resources wiihin ten (10) days of such action. (0 Appeals. Appeals from any- decision of the City Council may be nude, and as specified in this community’s official controls and also by Minnesota Statutes (g) Flood Insurance Notice and Record Keeping The Planning Director shall notify the applicant for a vanance that: I) The issuance of a vanance to construct a structure below- the base flood level w ill result in increased premium rates for flood insurance up to amounts as high as $25 for SlOO of insurance coverage and 2) Such construction below the lOO-ycar or regional flood level increases risks to life and property*. Such notification shall be maintained with a record of all vanance actions. A community shall maintain a record of all vanance actions, including justification for their issuance, and report such vanarces ivsued in its annual or biennul report submitted to the Administrator of the NatiotuI Flood Insurance Program. See. 78-1135 Condilional Uses. The City Council shall hear and decide applications for conditional uses permissible under this Ordinance. Applications shall be submitted to the Planning Director who shall forward the application to City Council for consideration. (1) Heanngs Upon filing w ith the City an application for a conditional use permit, the City shall submit by mail to the Commissioner of Natural Resources a copy of the application for proposed conditional use sufficiently in advance so that the Commissioner will receive at least ten da> s nouce of the hearing. (2) Decisions The City Council shall amve at a decision on a conditiotul use within 60 days In granting a conditional use permit the City Council shall presenbe appropnatc conditions and safeguards, in addinon to those speafied in Secuon 78-1135(6). which are in conformity with the purposes of this Ordinance. \'ioIations of such conditions and safeguards, when made a part of the terms under which the condilional use permit is granted, shall be deemed a violation of this Ordinance punishable under Section 78-1138. A copy of all decisions 3 Dutntt-I Nip. I I>700* rnuiM • 18. r granting conditional use permits shall be forw arded by mail to the Commissioner of Natural Resources within ten (10) days of such action Procedures to be followed by the City in Passing on Conditional Use Permit Applications Within all Flood Plain Dismcts a. Require the applicant to furnish such of the following information and additional information as deemed necessarj- by the City for determining the suitability of the particular site for the proposed use: 1. Plans in triplicate drawn to scale showing the nature, location, dimensions, and elevation of the lot. existing or proposed structures, fill, storage of matcnals, flood proofing measures, and the relationship of the above to the location of the stieani channel, and 2. Specifications for building construction and materials. Rood proofing, filling, d.'edging, grading, channel impros cment. storage of materials, water supply and sanitary facilities. b. Transmit one copy of the information desenbed in subsection (a) abos e to a designated engineer or other expert person or agency for technical assistance, where necessary, in evaluating the proposed project m relation to Rood heights and velocities, the seriousness of R<Md damage to the use. the adequacy of the plans for protection, and other technical matters. c. Based upon the technical evaluation of the designated engineer or expert, the City- Council shall determine the specific Rood hazard at the site and evaluate the suitability of the proposed use m relation to the Rood hazard Factors Upon XVluch the Decision of the City Council Shall Be Based In passing upon conditional use applications, the City Council shall consider all relevant factors specified in other sections of this Ordinance, and; a. The danger to life and property due to increased Rood heights or velocities caused by encroachments. b. The danger that materials may be swept onto other lands or downstream to the injury of others or they may block bridges, culverts or other hydraulic structures. c. The proposed w ater supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary- conditions. d. The susceptibility of the proposed facility and us contents to Rood danuge and thx effect of such damage on the indixidual owner. e. The importance of the services provided by the proposed facility *.o the community f. The requirements of the facility for a waterfront location. J Datrtci I Map. 1/1/2004 rtuMa -19 g. The ax-ailability of alternative locations not subject to flooding for the proposed use. h. The compatibility of the proposed use with e.Msting development and development anticipated in the foreseeable fuMre I. The relationship of the proposed use to the comprehensive plan and flood plain nrunagement program for the area j. The safety of access to the property in times of flood for ordinary and emergency vehicles. k. The expected heights, velocity, duration, rate of nse. and sediment transpon of the flood waters expected at the site. l. Such other factors which are relevant to the purposes of this Ordinance. (5) Tune for Acting on Application The City Council shall act on an application in the manner described above within 60 days from rcccisnng the application, except that whete additional intormation is required pursuant to Section 78-1135(3) of this Ordinance The City Council shall render a written decision w ithin 60 days from the receipt of such additional information. (6) Conditions Anached to Conditional Use Permits Upon considcraiion of the factors listed abost and the purpose of this Ordinance, the City Council shall attach such conditions to the granting of conditional use pcmiits as it deems necessary to fulfill the purposes of this Ordinance. Such conditions may include, but arc not limited to. the following; a. Modification of waste treatment and water supply facilities. b. Unuutions on period of use. occupancy, and operation. c. Imposition of uperulional controls, sureties, and deed rcstnclions d. Requirements for construction of channel modifications, compensatory storage, dikes, levees, and other protective measures e Flood proofing measures, in accordance w ith the Sute Building Code and this Ordinance. The applicant shall submit a plan or document certified by a registered professional engineer or architect that the food proofing measures arc consistent With the regulatory flood protection elev ation and associated Hood factors for the particular area DIVISION II. NONCONFORMING USES See. 78-1136 NMCOaformiiig Uses A structure or the use of a structure or premises w hich was law ful before the passage or amendment of this Ordinance but w hich is not in conformity with the provisions of this Ordinance may be continued subject to the follow ing conditions. Histone structures, as defined m Section 78-11 1 l(a)(22)(b) of this Ordinance, shall be subject to the provisions of Sections 78-11 36( I) - (5) of this Ordinance. I Oul'Kf-r M»p t I 2^20 (!) No such use shall be expanded, changed, enlarged, or altered in a way increases iti nonconformity. (2) Any structural alteration or addition to a nonconforming structure or nonconforming use which would result in increasing the flood damage potential of that structure or use shall be protected to the Regulatory Flood Protection Elesutton in accordance with any of the elcNTition on fill or flood proofing techniques (i c. FP-1 thru FP-4 f.oodproofing classifications) allowable in the State Building Code, except as further restricted in (3) and (6) below. (3) The cost of any structural alterations or additions to any nonconforming structure over the life of the structure shall not exceed 50 percent of the market value of the structure unless the conditions of this Section are satisfied The cost of all structural alterations and additions constructed since the adoption of the Community's initial flood plain controls must be calculated into today's cunent cost which w ill include all costs such as construction materials and a reasonable cost placed on all manpow er or labor. If the current cost of all previous and proposed alterations and additions exceeds 50 percent of the current nurket value of the structuie. then the structure must meet the standards of Division 4 or 5 of this Ordinance for new structures depending upon whether the structure is in the Floodway or Flood Fringe District, respectively. (4) If any nonconforming use is diseontmucd for 12 consecutive months, any future use of the building premises shall conform to this Ordinance The Assessor shall notify the Planning Diicclor in writing of inslances of ncnconfomung uses that have been di.sct'nlinued for a period of 12 months. (5) If any nonconforming use or structure is substantially cumaged. as defined in Section “TS- 111 l(aH21) of this Ordinance, it shall not be reconstructed except in conformity w :th the provisions of this Ordinance. The applicable provisions for establishing nexs uses or new structures in Divisions 4, 5 or 6 ssill apply depending upon whetha the use or structuie is in the Roodw ay. Flood Fnngc or General Flood Plain District, respectively (0) If a substantial improvcmcni occurs, as defined in Section 78-111 l(aH22) of thi% Ordinance, from any combination of a building addition to the outside dimensions of the existing building or a rehabilitation, reconstruction, alteration, or other improvement to the ins-.dc dimensions of an existing nonconforming building, then the building addition (as required b> Section 78-1136(2) above) and the existing nonconforming building must meet the requirements of Divisions 4 or S of this Ordinance for new structures, depending upon whether the structure is in the Floodway or Flood Fringe Distnet. respectively. DI\ ISION 12 PENALTIES FOR VIOLA HON Sec. 78-1137 Violations Violation of the provisions of this Ordinance or failure to comply w iih any of its requirements (including violations of conditions and safeguards established in connection w ith grants of vananccs or conditional uses) shall constitute a misdemeanor and shall be punishable as defined by law. Sec. 78-1138 .4uthoritvT!nforccmeiil Actions S DiVfiei’t Ucp ! I 26m -21- Nothing herein contiined shall prevent the Cit>* of Orono Ironi taking such other lawful action as is necessary to prevent or remedy any violation. Such acnons may include but are not limited to: (1) In rcs’^onding to a suspected Ordinance violation, the Planning Director.and Local Government may utilize the full array of enforcement actions available to it including but not limited to prosecution and fines, injunctions, after-lhc*fact permits, orders for corrective measures or a request to the National Flood Insurance Program for denial of flood insurance availability to the guilty party. The Community must act m good faith to enforce these official controls and to correct Ordinance violations to the e.vtcnt possible so as not to jeopardize its eligibility in the National Flood Insurance Program (2) When an Ordinance violation is cither discovered by or brought to the attention of the Planning Director, the Planning Director shall immediately invcsiigaie the situation and document the nature and extent of the \nolation of the official control. As soon as is reasoiubly possible, tnis information u ill be submitted to the appropriate Dcpar.meni of Natural Rcsouiccs' and Federal Emergency Management Agc-.c' ’'eg-.onal Office along with the Community's plan of action to correct the violation to the degree (xissiblc (3) The Planning Director shall notify the suspected party ot the requirements of this Ordinance and all other official eontroU and the nature and exicni of the suspected violation of these controls. If the structure and or use is under construction or dcvelopm,ent. the Planning Direclor may order the construction or de\d»>pment immediately halted until a proper pcnnil or approval is granted by the Community If the construction or development is already completed, then the Planning Director may either (11 issue an order identifying the correclivc actions that must be made within a sjKcificd Innc peruvd to bring the use or structure into compliance with the official controls; or (2) notify the responsible party to apply for an after-ihe-fact permit development approval within a specified period of tinw not to exceed 30-days. (4) If the responsible party docs not appropriately respond to the Planning Director w ithm the specified period of lime, each additional day that lapses shall constitute an additional violation of this Ordinance and shall be prosecuted accordingly The Planning Director shall also upon the lapse of the specified response period notify the landowner to restore the land to the condition which existed prior to the violation of this Ordinance DIVISON 13 AMEND.MbNTS Sec. 7S-1139 Floodplilu Deslgnalloii Ihe flood plain designation on the Official Floodplain Overlay District Map shall nut be removed from flood plain areas unless n can be shown that the designation is in cnor or that the area has been filled to or above the elevation of the regulatory flood protection elevation and i.s contiguous to lands outside the flood plain Special exceptions to this rule may be permitted by the Commissioner of Natural Resources if he determines that, tluough other measures. Iaiid» arc adequately piotected for the intended use See. 7S-1140 AmcNdnenU All amendments to this Ordinance, includmg amendments to the Official Floodplain Overlay District Map. must be submitted to and approv ed by the Commissioner of Natural Resources pnor to adoption. Changes in the Ofl'ictal Floodplain Overlay District Map must meet the Federal Emergency Management Agency's (FEMA) Technical Conditions and Critena and must receive pnor FE.MA approval before S Dainci I Utp :'/ "TWa -22 adoption. The Commissioner of Natural Resources must be given 10*days «Tinen nonce of all hearings to consider an amendment to this Orduunce and said notice shall include a draft of the Ordmance amendment or technical study under consideration. EFFECTIVE DATE: This Ordinance shall be in lull force and effect from and after its passage and approval and publicaiiun, as required by law and or charter. Adopted by the Orono City Council This____of_______._____ (Day) (Month) (Year) Attest: ____ ___ (Barbara A. Peterson) Attest . Mayor City Clctk (l.inda S. Vee) Stamp With Community Seal: t Diurnt-I Mtp. m '2004 rrUlM -23- ARTICLE XI. WETLANDS PROTECTION DIVISION 1. GENERALLY Sec. 78-1601 Purpose and Intent. (a) The purpose of this section is to iccognize. preserv e and protect the environmental, acstlictic and hydrologic functions of the City's wetlands by regulating the use of w etlands and their adjacent properties in conjunction w ith the goals of the Environmental Protection Plan within the Community Management Plan These functions include, but are not limited to. sediment control, pollution control, filtration. fi>h and wildlife habitat and aquifer recharge. The Surface Water Management Plan will provide guidance for stormwater treatment requirements and wetland restoration opportunities in order to protect the integrity of wetlands. (b) The intent of this section is to protect wetlands to the maximum extent possible w hile allow ing a reasonable use of the piopcrty. This section adopts the regulations and standards of the Wetland Conservation Act of 1991 (WCA). Laws of Miimcsota 1991. chapter 354, as amended, and the rules adopted pursuant to the WCA. It also establishes a wetland o\ erlay district. This overlay district furtlicr regulates the undcrlxitig land use as allowed by other disiiicts or the WCA (c) This ordinance applies to. and wetland buffer areas must be created or existing buffer areas must be maintained around, all protected wetlands in the follow mg situations: (1) When wetlands arc required to be replaced or restored; (2) When new development occurs For purposes of this subsection, new development means: a. .Any subdiv ision that creates a new lot that has no pnncipal use on it. b. construction of a principal use on an existing vacant parcel of land. (3) When redevelopment occurs. For purposes of this subsection rcdcvclopmcni means the removal of Uic pnncipal use of more than 50 percent of its market value and volume and reconstruction on the same property. This requirement does not apply if construction is the result of less than 75 percent of the building being damaged by an involuntary force, such as fire, w ind, or vandalism; WTicn a variance, conditional use pennjt, or site plan review has the potential to have indirect adverse impacts to the wetland a buffer may be required, or On any wetland when grading or construction is proposed exceeding 50 cubic yards or 5.000 square feet that requires a City permit and the proposed activity could t oientially impact the quality of the w etland by increasing hard surface run off. altering existing drainage, or impacting an existing buffer. DIMSIO.N 2. DFSICN.ATION OF PROTKCTED WETLANDS Sec. 78*1602 Wetland Types The w cthtnds protected and regulated by this Section arc types 1.2.3,4, 5.6. 7. and S w etlands, as defined in circular 39. “Wetlands of the United Slates’*. 1971 edition. United Slates Depa.iineni of the Interior, unless the wetland is wiihm a shoicland distiicl in which ca.se the more restrictive rules regarding setbacks would apply Protected wetlands are further dciincd as follows Ti/v / SciisoiKtlly Flooded Bairns or FloodpLims Type I w etlands arc .seasonally flooded basins or flats in which soil is coscred with water or is waterlogged dunni* variable seasonal periods but usually is well-drained during much of the growing season Type 1 wetlands are located in depressions and .,i overflow botte . along water courses. V’cgetaiion vanes greatly according to the season and duration of the flooding, and includes bottom land hardwoods, as well as herbacccis plants. Type 2 Inland Frexli Meadow : Occurs along the shallow edges of lakes, marshes and floodplains, or in perched depressions. The soil is usually w ithout standing water dumg much of the growing season, but is waterlogged w iih..» at least a few inches of the surface. Vegetation includes grasses, sedges, rushes and vanous herbaceous plants. Type S Inland Shallow Fresh Marsh Soil is usually water logged during the growing season, often covered w ith as much as »ix inches or more of water. Vegetation includes grasses, bulrushes, cattails, arrowheads, smartweeds ard other emergent aquatic vegetation Type 4 Inland Deep Fresh Marsh Soil cov ered w nh six inches to tlircc feel or more of w atcr during grow mg season. Vegetation includes cattails, reeds, bulrushes and wild rice. Open water areas may contain pondweeds, naiad*, coontail, water milfoils and other submergent aquatic vegetation. See. 78>I604 iDterprelalioo of Wetlands Boundaries. Whenever a wetland boundary is disputed or uncertain, the Planning Direc’ x nay require the submission of a registered survey of the property and field staking sho\» mg the city-designated wetland contour or a delineation of the wetland, and such other information as the director may require in order to resolve the dispute or uncertainly. No boundary change may be authorized on the basis of fill that was placed on the site after the City designated the area as part of the wetland overlay district. Persons aggnev cd by a decision of the Planning Director may appeal such decision in accordance with the provisions of Section 78-99 of this ordinance and the WCA rules DIVISION 3. BUFFER AREAS Sec. 78-1605 Welland Buffer Areas. (a) This subsection establishes requirements for wetland buffer areas aiound protected wetlands. Buffer areas arc necessary and beneficial to maintain the health of wetlands. Buffer areas protect the edge of wetlands from erosion while filtering .sediment, chemicals and other nutrients from runoff that drains into wetlands Buffer areas can improve the biological diversity and health of a wetland environment while reducing the adverse impacts of human activities. (b) Buffe.' areas regul.iicd by this section arc are.is of vegei.niive co\ cr that are upland of the w ctland edge, and that occur in a natural condition or through restoration. BufTcr areas consist of shrubbery and trees, native grasses and or forbs that arc not mow ed, fertilized or manicured m any manner. Mowing, fertilizing, manicuring, or vegetation removal w ithin a buffer area is not allow cd unless the City has issued a permit for such activity in conjunction w ith an approved buffer management plan. Acceptable buffer areas shall ha\c the following qualities: A continuous dense layer of pcrcrmial grasses that have been uncultivated or unbroken for at least ten (10) consecutive >-cars, or An o\ cr story of trees and or shrubs w ith at least eighty (80® o) percent canopy closure that have been urcultivatcd or unbroken for at least ten (10) consecutive years, or A mixture of the plant communities desenbed in a. and b. above, w hich have been uncultivated or unbroken for at least ten (10) consecutive years. Unacceptable buffer areas have the following qualities, including but not limited to; Mill I L Undesirable plant species (inclu '.ingbul not limited to reed canary grass, common buckthorn, purple loosestrife, leafy spurge and noxious weeds), or b. c. Lacking a la>er of organic thatch or duff, or Topography which tends to chaiuidize the flow of surface runoff. Is characteristically unlikely to retain nutrients and sediment. Buffer aicas which ha\c been broken or cultivated w ulun the past ten (10) consecutive years must be restored to a condition consistent with an acceptable buffer area defined in Section 7S-1605(b)(l). a restoration or landscape plan must be submitted to the Planning Director, which restoration shall include, replanting and maintaining according to each of the follow ing guidelines; a.Buffer areas shall be planted w ith a seed mi' containing one hundred (100*/o) percent percimial native plant species, except for a one-timc planting of an annual nurse or cover crop such as oats or rye. Tlic see * 10 be used shall consist of at least twelve (12) pouiid.s pure live sw .-d ^PLS) per acre of nativ c prairie gia.ss .seed and fiv e (5) pounds PLS per acre of nativ c forbs Native prairie grass and native forb mixes shall contain no fewer than four (4) and five (5) species respectively. c.Tlie annual nurse or cover crop shall be applied at a rate of twenty (20) pounds per acre. Native shnibs and or trees may be substituted or used in addition to forbs and grasses. Such shnibs may be bare root seedling and shall be planted at a rate of sixty (60) plants per acre Shrubs shall be distributed so as to provide a natural appearance and shall not be planted in tows. Native pramc grasses and forbs shall be planted by a qualified contractor. No fcitilizcr shall be used in establishing new buffer /ones, except on highly disturbed sites when deemed necessary to establish acceptable bufTcr vegetation and then limited to amounts indicated by an accredited soil testing laboratory. g. All seeded areas shall be mulched immediately w ith clean straw at a rate of one and one half (1 '/a) tons per acre. Mulch shall be anchored w ith a disk or tackifier. h. Buffer areas (both natural and created), shall be protected by silt fence during construction and the fence shall remain in place until the area crop is established, and at that time the fence shall be removed. (c) Buffer area w idths will be based on the size of the wetland basin. The following are the required buffer area widths; I SiTe of Wetland 0 - 1 acre 1 - 2.5 acres I 2.5 - 5 acres >5 acres If’idih of Buffer At ea Front the Wetland Boundnn 16.5 feci 20 feet I 25 feet 35 feet (d) In cases of new development or redevelopment the City shall require that vegetation in the wetland buffer be installed prior to the issuance of the certificate of occupancy. The City may w aivc this requirement in lieu of a cash escrow or letter of credit equal to 150 percent of the cost to install the required buffer. (c) The City may allow the disturbance of an existing buffer area during the course of construction activity. This disturbance musi be kept to a minimum, soils must be dccompactcd to a level that w ill accommodate root growth, and the buffer area must be re-established as required by the City. The City will determine the amount of allowable disturbance. The City may require a cosh escrow or letter of credit equal to 1 50 percent of the cost to re-establish the buffer to its original condition (f) The City may require buffer area planting and ma.niLnance w lien the City dctcTTnines that there is inadequate vegetation in the buffer area to meet the intent of this section. The City may require a cash escrow or letter of credit equal to 1 50 percent of the estimated cost of the vegetation and installation. The escrow or letter of credit must be valid for up to two years and may be used by the City to replace any vegetation that dies. (g) Tlie affected propeny ow ner or homcow ncr association that i.s responsible for the maintenance must; (I) Maintain and repair damage to buffer areas from such activities as mowing, cutting, grading or other prohibited activities, unless mowing is approved by the City as a buffer management plan. Permission must be obtained from the City before implementing bu.fcr management plans, which may include mowing, burning, and the use of herbicides. Maintain only the permitted vegetation in the bufTer area and must remove all noxious weeds and invasive, non-native species such os European buckthorn, upon obtaining a vegetation removal permit from the City in conjunction with an approved bufTer management plan. Ensure that all soil surfaces in the buffer area arc planted with the permitted vegetation and that there is no open soil surface that may result in erosion. Ensure that livestock or other domesticated animals w hich ha\ c the potential to pcnnancnlly disturb the buffer area by compaction or vegetation removal be kept from entering the buffer area and wetland by a fence or other suitable means. (h) The final upslope edge of the buffer shall be provided to the City in a hard copy and in a CAO or CIS format in Hciutepin County coordinates. DIVISION 4. USES Sec. 78-1606 Permitted Uses. (a) Within the wetland oveilay districts no land ma\ be used except for one or more of the following uses- Native wetland vegetation, piovided that no change is made to the ground elevation; (2) (3) (4) Wildlife and nature presers cs; Overhead utrlity lines and poles that arc less than two feet in diameter; Docks which provide reasonable access to the lakcshorc and do not exceed 4’ in w idih; Public and private flood control structures, ponding and drainage facilitic.s and associated accessory appurtenances as approved by the City; or Environmental monitoring o: control facilities, including those related to w ater quality and wildlife legulation. (b) Within w ctland buffer areas no land may be used except for one or more of the following uses: (1) Nallve vegeialion. provided that no change is made to the ground eIc\ation; (2) Wildlife and nature preserves; (3) Boardwalks, docks or other reasonable access to the wetland not exceeding 4 ’ in width, poles that arc less than two feet in diameter to be used for boardwalks and bridges; (4) Public and pnvate flood control structures, ponding and drainage facilities and associated accessor)' appurtenances as approved by the City; (5) Environmental monitoring or control facilities, including those related to water quality and wildlife regulation, (6) Overhead utility poles and lines that are less then two feet in diameter, under-ground utility lines and distribution equipment, light poles, traffic signals, traffic regulatory signs, mailboxes and other equipment that provides an essential public service; (7) Retaining w alls if the City determines tliat the retaining wall w ill protect the w etland from conditions of erosion. See. *»8-1607 Conditional Uses. (a) Within the wetland overlay distnets and the wetland buffer areas no land may be used for the following except by conditional use permit and except in conlormance with the standards specified m Section "S- * 60S of this section: (1) Private and public recreational uses, including golf courses, imperv ious trails, picnic grounds and boat ramps; (2) Public utilities, including necessary structures; (3) Other non-structural facilities similar to those pemuitcd by this section w hich also meet the intent of this section, as determined by the City, or (4) Public structures associated with recreational uses permitted by this Section or by Section "S-1606 of this section that arc designed in an envuotunentally sensitive manner and will withstand periodic Hooding, except for structures designed or used for habitation or the i»totage of equipment. (5) Unpaved hiking, skiing and horseback riding trails which comply w ith WCA standards. r (b) No conditional use pennit unll be granted unless its approval ui!l not adversely impact wetlands, the wetland bufTer area, and surrounding properties, the intent of this ordinance or the goals and policies of tl;e Community Management Plan. If applicable, granting of a conditional use pemiii will be conditioned upon approval of the request by all other appropriate regulatory governmental agencies, including the MCWD (MOW'D) oi the Minnesota Department of Natuial Resources DIVISION 5. STANDARDS TOR NVETLA.NDS DISIRICTS. BUFFER AREAS AND NEIGHBORING LANDS Sec. 78«l608 Staodards. The following standards apply to all land within the wetland overlay d;stncts, wetland bufTer areas, and to neighboring lands: (I) Protection of wcilanas and wetland buffer areas a. Except as modified or regulated by the standards of this subsection, all requirements of the underlying zoning district apply. b. No structures arc allowed in the wetland overlay districts, or wetland buffer area except those allow ed as of right or by conditional use pennit by Sections 78-1606 or "’S-160'^ of this Ordinance. c. Activities including, but not limited to. building (other than a boardwalk or dock), paving, mow ing. x egetatioii removal, filling, dumping, yard waste disposal or fertilizer application arc prohibited. c\cq)l that certain such activities **^iy be permitted when approved by the City as a buffer managemert plan Remov al of invasive non- native vegetation, such as European buckthorn and noxious weeds, may be removed by obtaining a vegetation removal permit from the City. d. Before grading or construction near a w ctland overlay district or buffer area, the ow ner or contractor must place erosion control fencing on the upland side of the penmeter of the wetland overlay district or wetland buffer area, which ever is more restnetive, or as required by the City. This fencing must remain in place until all development activities that may affect the wetland and the w eiland bufTer area have been finished and adequate vcgclativc cover has been established at which time the fencing must be removed. L All structures must have a minimum basement floor elevation not less than one foot above the lOO-year flood elevation. All hard-surface ninoff must be treated in accordance with the requirements of the City and the appropriate w atershed district. Treatment may include site retention, skimmers, w eirs or sedimentation ponds of appropriate scale. Structures and ponds scrv ing this purpose must be properly mamtamed and ser% iced by the property owner. Discharge into the wetlands must occur at a rate no greater than allowed by the City Engineer in accordance wi’h the City's Surface Water Management Plan and the appropriate MCWD requirements. Setbacks. All buildings (principal and accessory), must be set back at least 20 feet from the upslope edge of the w etland buffer. E.vceptions: play structures (including sport court type stnicturcs) grade-level decks, patio slabs, drixewas^ and parking lots. A setback from the buffer area is not required for overhead utility poles and lines that arc less ilion two feet in diameter, underground utility lines and disinbution equipment, light poles, traiTic signals, trafTic regulatory signs, mailboxes, entrance monuments meeting Section 78-I405(S) and other equipment that provides an essential public service A setback is not required for fences or retaining walls. However, they may not be located w iihin the buffer area unless the retaining wall is approved as part of a w ctland pcmiit application U' protect the wetland from fill. An existing structure, driveway or parking area meeting the required setback from a City-dcsignated wetland boundary or buffer area is considered a legal nonconforming development if a later wetland delineation or implementation of a wetland buffer shows that the wetland or it.s buffcT is closer than the required setback See. 78-1609 Removal of Lands from the Wctlaodi Overlay Disiricl. (a) Removal of w etlands from a w etland overlay district (i.c. by filling, etc) requires a zoning amendment and an amendment of th official City Wetland Map. The amendments must be made pursuant to the provisions of Section 78-43 of this ordinance and WCA replacement rules. These amendments must be consistent with the purpose of this ordinance, the Cit/s Surface Water Management Plan and the goals and policies of the Community Management Plan. In determining the appropnateness of a rezoning request, the City Council will consider the size of the wetland overlay district, the magnitude of the area proposed for removal, hydrological and ecological cffcct.s and the t\pc and function of w etlands involved in order to provide the maximum feasible protection (b) Wetlands within an overlay district may only be removed according to WCA rules and if at least an equal area of new wetland is created to compensate for the wetland being filled. However, the dcminimus exemption specified by the WCA rules for wetland replacement may be used for the removal of Tvpe 1 wetlands that arc not included within the Cit/s overlay dislnct. Unless otherwise approved by the City Council, compensatory vsctland area must be provided within the same suhwalcrshcd district as the wetland being altered (c) In addition to application requirements, the City may require submission and approval of the following infonnation: (1) An approved wetland replacement plan application from the MUWD; (2) A concept plan show ing the ultimate use of the property. (3) A grading plan, in liaid copy format and a CAD or CIS foniut m Hennepin Counl> coordinates, with appioptialc dtamage calcul.iiions and erosion controls prepared by a registered engineer, (4) A landscaping or rev egetation plan. (5) Such other information as may be necessary or convenient to cv aluatc the proposed pemnt; and (6) A MnRAM assessment completed by the MCWD Sec. 78-1610 Alteration of the Wetlands. (a) No alicration of land wiihin a wetland overlay district oi a wetland buffer IS allowed without a wetlands alteration pemnt. subject to recommendation by the Planning Commissiuii and approval of the City Council. The Planning Commission must hold a public heanng after notifying the property owners wiihm 350 feel of the property on which the proposed alteration will occur. Activities that constitiilc an alteration regulated bv this section include changes to tlic size, depth or contour of the wetlands or its buffer, dredging, or alterations of wetlands or buffer vegetation Alterations do not include wetland planting or the selectiv e clearing or pruning of trees or vegetation that are dead, diseased, noxious weeds or similar hazards. A wetland alteration pemiit is not required when a wetland district is rezoned to another zoning classification (b) Alteration of land within a wetland overlay district will only be allowed if water storage is provided in an amount compensatory to that removed. Unless otherw ise approved by the City Council, compensatory* wetland area must be provided w ithin the same subwatershed distnct as the Zetland being altered In determining the apprepnateness of an alteration request, the City Council \m!I consider the size of the total wetland district, the magnitude of the area proposed for alteration, the aesthetic, hydrological and ecological effect, the type and function of wetlands involved, and such other factors as may be appropriate in '-'rder to provide the maximum feasible protection to the wetlands Application for a wetlands alteration pemnt must be accompanied by such information as required by the City, including: (1) An approved wetland replacement plan application from the MCWD. (2) A concept plan show ing the ultimate use of the property. (3) A grading plan, in hard copy format and a C.AD or GIS fonnat m Hermepm County coordinates, w ith appropriate drainage c.ilculaiioijs and erosion controls prepared by a icgisteied eiigineei. (4) A landscaping or revcgetation plan. (5) Such other infomiation as may be nccessaiy or com enicnt to evaluate the proposed permit, and (6) A MnR,\M assessment completed by the MCWD. See. 78-1611 Public Control of Wetlands. (a) The City Council may require that ihc owner of any property affected by this ordinance must establish wetland and buffer area casements or restrictive covenants to be recorded within the propcr»y‘s chain of title. These casements or covenants must describe the boundaries of the wetland and buffer area and prohibit any building, paving, mowing (unless approved as a buffer management plan), cutting, filling, dumping, yard .vastc disposal or fcrtili/cr application vv ithm the w ciland and the buffer area. The owner or developer must record these Cosements or covenants with the fina! plat, with dccd> from a lot division or. if no subdivision is involved, before the City issues a grading permit or building permit for an affected property The applicant must submit ev idence that the easernem or coven ml has been submitted to the county for recording (b) If the City Council docs not require an cascnicnt or covenant, ilie City may record a notice of the wetland and buifer area requirements against the property. The p'opcrty ow ner must still comply with the requirements of this section. See. 78-1612 Welland Buffer .Markers. When new development or redevelopment results in multifamily residential or a business use. the developer must place markers at the upland boundary* of the wetland f buffer edge at least every two hundred feet. The developer must submit a location plan m hard copy format and a CAD or CIS format in Hennepin County coordinates and must use uniform markers pto\ idcd by the City. The City will charge a reasonable cost for the markers and approve the locaiion of the markcr.s pnor to installation. See. 78-1613 Violations Violation of the provisions of this Orumance or failure to comply with any of its requirements (including violations of conditions and safeguards established m connection with grants of variances or conditional uses) shall constitute a nnsdcincanor and shall be punisliablc as defined b> law. Sec. 78-1614 Aulhorily/Enrorcemenl Actions Nothing herein contained shall pres ent the City of Orono from taking such other lawful action as is ncccs.»ury to pres ent or remedy any violation Such actions may include but arc not limited to: In responding to a suspected Ordinance xiolation. ‘he Planning Director and the City of Orono may utilize the full array of enforcement actions available to it including but not limited to prosecution and fines, injunctions, after-thc-faci permits, and or orders for corrective measures to the guilty party. When an Ordinance \iolation is either discos cred by or brought to the attention of the Plaiming Director, the Planning Diiector shall immediately investigate the situation and document the nature and e.xtcnt of the violation of the otTicial control As ioon as is rea.sonably possible, ih.s infonnation will be submitted to tl.c NIC\VD along with the Community's plan of action to coiiect ilic violalmn to degree possible The Planning Director shall notify the suspected party of the requirements of this Ordinance and all other official controls and the nature and extent of the suspected \ lolation ot these controls If the structure and or use is under construction or dcNclopment. the Plamring Director may order the construction or development imnicdiatcK halted until a piopcr pernut or approval is granted by the Comnuniils. If the construction or development is already completed, then the Planning Director iiu> either (I) issue an order identifsing the corrective actions that must be made within a specified time penod to bnng the use or structure into compliance with the official controls; or (2> notify the responsible party to apply for an after- the-fact penmt development approval wnhin a specified period of time not to exceed 30-davs If the responsible party does not appropnately rc.spond to the Planning Director within the specified period of lime, each additional day that lapses shall constitute an additional violation of this Ordinance and shall be prosecuted accordingly. The Planning Director shall also upon the L r lapse of the specified response period notify the landouncr to restore the land to the condition which existed prior to the violation of this Ordinance. EFFECTIVE DATE; This O.dinance shall be in full force and effect from and after its passage and approval and publication, as required by law ar.d''or charter. Adopted by the Orono City Council This (Day) (Month) (Year) Attest:Ma>or (Barbara A Peterson) Attest:City Clerk (Linda S. Vee) Stamp With Community Seal: ex.D» Memorandum Date: July 28. 2004 To: Mayor Peterson C'ly Council Members City Administrator Planning Commissioneis From: Melanie Curtis. City Planner \ RE: FFM A Mandated update of the Floodplain and Wetlands Management Ordinance Due to recent reinterpretation of then regulations, the Federal Fmergency Management Agency (FUM.\) has mandated changes in local fiiHsdp'.ain ordinances. FEM.A reqaites tl'.at these changes arc in effect in our com- inits b> September 2. 2004 If uc are unable tt> adopt the newly dratted ordinance, a moratorium will be required in order to avoid flood in.surance policy eligibility problems for our residents who are affected by this ordinance. Staff has been working with personnel at the DNK to streamline this revisio:. process. On July 15. 2004. the DNR apprvwcd liic draft ordinance. .AnacheJ >ou will find a one-page summ.iry of the mandated changes in the floodplain oidiaaiue The complete draft ordinance is also attached for your review, Our current FIcodplam and Wetlands NUmagcmeni Ordinance is essentially two ordinances in one .\t the time thev were combined this ma> have K'cn a convenient option, however new .stand.iids and leguhitions dictate that it is more appropriate to design, e separate ordinanee.s for c.ich of these overlay districts. The wetland portion of the Floodplain and Wetlands Management Ordinance is outdated and staff has been working in conjunction with our engineering consultant to develop a wetland oidinance which addrc;.scs the goals and strategics idcniifieJ within bom the Communitv Management ^'ian and Surface Water Management Plan and maintain confortii.tnce with the Wetland Conservation Act of 1091 (WCA) and the Minnehaha Creek Watershed District’s standards (MCWD) The one-page .summary of the newly drafted wetland.s ordinance is attached, and the complete dnft ordir..incc is also attached Timeline (ioal .August 4^ - PC W iMK Session -/r/tvu-mwf/uM A discussuyit August 9*^ - Council Meeting - pn'si'ntjiion js in/onnjitor, picci it iliscu.\:i >n August 16*" - Planning Commis.sion Publii: lUuring August 2.V'* - Council Meeting - final appro\al ^x. MtMOKVNDLM Dair: To: August 5. 2004 Mayor Peterson City Council Members City Administrator 1 From: RE: Melanie Curtis. City Planner ^ Floodplain and Wetlands Management Ordin.incc Revision At the August 4'*" work session, the Planning Commission and staff discussed the draft Floodplain Management and draft Welland Management ordinances Tom Luigen witli the MN DNR and John Smyth from Bonesiroo aiiended die meeting to answer questions and helped to facilitate the discussion. The changes discussed at the work session are included in the revised draft ordinances winch are attached herein. Please be adused that t’^e public hearing for these ordinances will be held during the Planning Commission meeting on Aucnst 16 . and will be before the Council for final approval on .August 23 Please look over the enclosed mfonnation and contact staff if you have any questions or concerns that we may be able to address g lur lo the public hearing and piior to your August 23 ’*^ meeting. J e I >. |t«pjttnirni nl Mumrljnil S<turiii DC ^'UT ‘JU.***m fema \\>i.l'Unnins & /.unin,; (or l^luoilplain Atlniini^lralur) Orono. Cil> of To Ho\ 66 < r>tlal na>.MN 55.^23 lH\ir A's’ I’i.mniiig A: Zoning (or Floodplain .\dn'.;nl^t^alo^) II.e Fcacial Cmcigcncy M.iiiJi;eineiM Agcnc> 'ITMA' would like to dunk >ou foi >out court aini> < p.utiupaticn in ihc Natton.il l iv . d InsJiatice Piogr.im (NFIP) and Ici \oiir cotmnitmeni u* irduce luluie llood losics Please \i$it FtMA's webjiie at wv\w fetri.i gov and the Dcp.itimcni ot Hor.cland Security’* webkile at www dh« g.)v lo learn moie .about mitigation and ptepaicdr.ess uppotluniiics designed to pioteci loc.lI ccniinunitics Iron iiaiiital and nunm.idc ha.Mrd.< lAety two yo.\is. all comnumilics ;h.i: p.ttlicip.ite in ;he NHP are leqimcd to coniplere .ind nihinil tV.e NTIP Bienm.tl Reptnt The NHP Biennial Rcpcii provides a status of each paiticipating coinniuiiiiy's Hoodplain in.itugement piogtain Section I of the icpoit .isk> foi infoiinatioii about changes in youi comniunils ’s llood h.i/aul .liras 1 IMA nmU use this mfonn.i:ion to help cicatc an inveiiioiy of inappmg needs to ideiiiify communilies th.it need to he ic-inappcd or ha\e additional flood lia/auls identified Seciion II of ihe icpoit asks for inioinution iboiii youi community's tloodplani runagemcnt piopiam inclnding the numbet of building pcniiitf issued i". vour community's Hood hazard aicas. and population .and buildiiic.' I'lpuics both in Ihe llocd h.vaid aicas and throughout yout er.tite community Fach corr.iminiiy is also c.skcd if traiamg or floodplain managcnicnt technical asMstance is needed This inform.iiion pros ides d.ita I FM.A e.an use to develop piogram ptiunlies and esaluate national progress in floodp!.i.ii man.igement The infoimattonal enclosure provides a fuiihci esphniation on how the Biennial Report data will be used .iml ihe choices you have III how you submit l!ie Biennial Report data. If you have any questirns regarding the Biennial Report or the NFIP. ple.ise contact FEMA's Biennial Report Cooidin.itor at our loll free number 8~'^-FEM.\MAP (3?6-262'?l Ih.ink you in advance for your lime .md prompt attention to this matter It is greatly appreciated Sinwcich. Anthony S Low e Direclur Miligaticn Division Fmcrgcncy Preparedness and Response Directorate Mww.fema.gov L S. DrpariVKBf »f tloacUB4 ^cvnt> *03 C Stwi. S'A' Wur.j'jrcn DC 2;'*T2 ® FEMA CERTH'lED MAIL RETURN RECEIPT REQUESTED The Honcrablc Barbara A Peters...-. Ma>or of the City of Orono :'50 Kelley Park\vay Orono. Miiincsota 55356 ^ . w, * ^>r.* Dear Ma>or Peterson Please consider this an official reninder that your commu.nity has until Septentber 2. 2004. to adopt floodplain nranagenicni measures that satisfy Section 60 3(d) of ihc Natiotu; Mood Insutancc Program (NFIP) regulations and ha\c them .ipproved by oar Regional Office I realize that sour comim.mty may be in the final adoption process, or sou rr.as base recently adopted the appropriate measures If >o . h.ase not done so. plea.se submit these measures to the Minnesota Floodplain Management Program in the Minnesota Department of Natural Resources • Waters where they will be rcsic\>cd upon receipt. You may reach Ogbazghi Siuin. P.L . the NFIP State Coordinator, at iC»51) 296-0444. or by mail at the Minnesota Department ofNatural Resources • Waters. 500 Lafayette Road. St Paul, Minnesota 55l55-40.*2. or by e-mail at oeb-i/chi sium '.Vdnr state mn u- The Federal Emergency Management Agency (FEM.A) Regional Office is also available to assist you wi.h adoption of adequate floodplain management measures. Our Regional Office car. be reached at (312) 40S-554S or by mail. Send tnquines to Director. Federal Insurance and .Miticaiion Diwsion. FEMA. 536 South Clark Street. Sixth Floor, Chicago. Illinois 606f'5 As in prcMOus corre* spondcnce. we urge yoa tc- contact the NFIT State Coordinator or our Regional Office if your community is encountering difficulties in enacting the apprepnate measures The NFIP regulations (copy enclosed) identify certain f»codplain manage.mc.v. measures for adoption by participating communities These measures need to be adepted by September 2. 2004. to axoid your community'^ suspension from the NFIP on that date Please note that there is a significant consequence to a corn:n..rity that is suspended fiorr. pa:*.cipat.cn in tl.e NTI? m food .nsur.iiicc may not be sold or renewed within the community It IS important to also note that when a community is suspended from the NFIP. it is subject to the provisions of Section 202(a) of Public Law 93-234. as amenced This sect.on prohibits Federal officers or agencies from approving any fonr. of lean, grant, guaranty, insurance, payment, rebate, subsidy, disaster assistance lean or gram, for acquisition cr construction purposes within special ***»»* fema fov ex. ^ The HonocahltBarbara A. Peterson AU'J ; <n i Page 2 flood hazard areas For example, this would prohibit mongage loans guaranteed by the Depanment of Veterans Affairs, insured by the Federal Housing .A,dmin;stration. or secured by the Rural Economic and Co.Timuniiy Development Services Ln the case of disaster assistance under the Robert T. Stafford D saster Rei ef and Emergency Assistance Act of 19SS, as amended, this prohibition only applies to assistance in connection with a fiood Furthennore, Section 202(b) of P. L. 93-234, as amended, requires federally regulated lending institutions to notify the purchaser or lessee of improved real property situated in a special flood hazard area whether Federal disaster assistance will be available when such property is being used to secure a loan that is being made, increased, extended or renewed .A suspended community can regain eligibility m the NFIP by submiitting a new application and enacting the floodplain management measures established in Section 60 3 of the NTI? regulations However, please note that dunng the penod of suspension from the NFIP, if the community permits development to take place in the floodplain that aggravates the Hood hazard, t.ne community will be required to remedy the increased hazard to the maximum extent possible before eligibility can be restored. We encourage you to contact the .Minnesota Depanment of Natural Resources or our Regional Office if you need assistance or have any questions. Our regional staff will provide technical assist.ir.ee and guidanr? in the development of your community's floodplain management measures The adoption of compliant fiOodplain management measures w ill ensure participation in the NFIP and will provide the citizens in your community protection from disaster. Sincerely, David I Maurstad Acting Director Mitigation Division Emergency Preparedness and Response Directorate DM.bl Enclosure Mr. Michael P Gafffon. CityofOrcr.o Planning Director Regional Director. FE.M.A. Region V NFIP State Coordinator e><” F| Melanie Curtis P,om- Tom L^tgcn (tom tutge-'gonr state rrn us] Sent;’ Tfiursda/ May 13 2004 *0 24 AM jj,. josr>dot/®a medina mn us rumb€fto"'S'®a3i com mstalzSoofest'oo com Vva'iderircp®co^estfOO com rs'^a't r.gci oioom rgtcr rri wS "/.arrc"®C' Croc*'.'yn- center mn us c ndygo brook yr-ca'k mn us. scnuitegc cnamp .n nn us sverg«n@ci co'co'an r-n us tmatnise-gci crystal mp us talk rsongci aayicn mn us ^aavergci edma mr us cnengci exce.s o*' mn us. joi've'Sc gaiden-va' e/ mn us sstahmergci icr.g-iaKe m- us bwa.3e:@ci mapie-grcwe mn -s dedwarosgo made- grove mn us Steve wveckmargct minneaooi s mr uS bgozc a®c m..nret'ista mn us Me an« Curtis Mtke Gaffron. schie'd@:i csseo mn uS. bsernessgc- piymoutn mn us maarlmggct Plymouth rr.n us cccsteiiogd rchfidd nn us. fcdcb'orgci 'cbdrsdaie mr us geiteigci roge^s mn us mmornscngci samt-antnory mn us br.eison@ci shorewood mn us gusxgotyofdeephaven com sarahsmithgcityofmound com sirvinegCityo*tonkaoay net. dmooregoderpra-rie org jco ’ierangem.nnetonka com, nandersonfghopkmsmr com lorettocityc'crk ghctma.i com. cityna'tgmapiepiatr com biHwvee*vsS"'chsi com rkf.ergmchsi com grfdgmr net. amsoiberggnacpiam.-'g com gmomsongstlouispark org bscottgtowr.otbassar com Lyd a_Ne son2 j'scc'p con stcor ®v s con m.'Kcgwayzata org Cg. LRodr^uergdcwterry com. mtradcc*gdcAber»v com guy matbosonSdhs gov terry fe gdhs gov Dale Homutn. Jjise Ekman Ob: S um Suzanne JrAant. Tom Hove/ Subiect: Reouestea Update or F oodpian Ord.nance Revisions Dea' Local Offic a! (please respond by email or telephone) On March 2 2CC4. the Federal Emergency Management Agency tFEMAi notif ed your com.mjmty tnat tre Hennep r County Flood Insurance Study wiH become effect ve on September 2 2004 E tner Juiie Ekman Ton Hovey or mysef frorr dn R Wate ’s recently advised you of the f.oodplain ordinance revis ons that yojr ccmmunity wiil reed to aJort by the Sepiemter 2 2004 effective cate We a’e ass.st ng 42 Hennepn County corrmumt es prior to the Study effective dale For us to Ce ade to manage such a •a'ce project we w.ii be periodically asking you to update us via ena ' or telephone on your c'ogross Have you deve oped a final O'aft foodp'am ordinance rev sion ’ It yes. please reply m tne affirmative and mcLde tr.e scheduled public hca-ng oate if one has been set I' you have not developed a rev sea O'aft crdma-ce p ease reply w th an est mated date when tre draft of the rev.sed floodplain ordinance will be done A-C ust a 'err.irvaer Please send or ema^ us a cooy of your l-.rat oral c'd nance pror to accptior (unless you 'ece.ved a coPd t'P-a' approval hem us w th tre suggested sample o'd nance language that we recent', sent ycu) A (o'rraiity c* M n-esota Statute Chapter 103 is tnat we approve a ftooopia n ord-rance amendment p'lor to adoption cy your community FEMA s stfc^’oiy encouraging your community to have the adopted and certified o'0 na"ce subn tted to the r regional off ce n C^-icago IL so that they rece-ve it by August 2. 2004 (at least 30-days p ’ or to the e “ec? ve date) Tn s w : save FEMA sta'f t.rre and taxpayers do'iars because FEMA w'il not nave to provide 30-aay notices to conmunties ano do the reo'j red advance m.easures to suspend a community from the National Flood Insurance Program srcuia tne Secterrter 2 2CC4 dead ’ine be missed ' have a onc-t.me add tional favor to ask Periodically FEMA asks us to contact comnunit.es n Mirnesoia tc determine f you are having any problems or concerns with your floodplain management program This seems I ke a good time to ask you to answer the fol owmg ques'. ons Are there any problems with your community's fioodpiam adm.nislraiive and enforcement procedures ’ . Are there any engineering or other problems with the f.ood maps Of your ccm.muhity s **ooo insurance study ’ • Are there any other p'ob'ems in your community s foodpia n managerrent program ’ Have potent ai vroiat.ons been identified or are any suspected ’ If the answer is no to these questions please respond back accordingly If the answer is yes to any of these questions. Metanie Curtis From: Sent: To: Cc: Subject: Tom Ljlgen [tcm lutgcngdnr state mn us] Wednesday. July 14, 2004 7 45 PM Melanie Curtis Julie EKmar. Final Draft of Floodplam Ordinance Revisions Melange svri’rp,tr.v&i.“ «o,,* in me ne*t couple of days and will be mailed to you as scon as is poss b e verce pa-Hs m the c?y and non will be allowed m me floodpia n n me futu'e Would you please respond to m s ema-1 mat mere a'e no e«ist ng recreational vemoe parxs m me city m the fkxxjpiam and non wai be allowed n me future Thanks agan for your prompt attenton to this matter You d>d a great ]Ob getting mis done Tom Lutgen DNR Waters Floodplain Program 65 ’-236-0522 L mm Minnesoia Dcparimeni of Natural Resources Central Region Waters - 1200 Warner Road Si Paul. MN 55106*6793 Telephone: (651) 772-7910 Fax 651»772*"977 *■ ^'*0 i *> July 15. 2004 The Honorable Barbara A Peterson Mayor. City of Orono 2750 Kelle’y Parkway Orono. MN 55.756 STATE approval . ORI 4NANCE REVISION. HENNF.PIN COl-NTY 1X000 LVSLRANCE STUDY Dear Mayor Peterson; The Federal Emergency Maiia^emer.t Agency iFEM.At has rr\i‘eJ Uic Mood Insunncc Study text and the Flood Insurance Rate .Map for Hennepin County. The Hennepin County FUx)d Insurance Study and map will become effective on Septembot 2. 2004 Before this effcctise date, your community must amend its floodplain management erdtnance consistent with state and federal flo^plain nunagensent standards in order to tiuintain its eligibility in the .National Flood Insurance Program Melanie Curtis. Orono city planner, submitted a final draft of an updated floixlplain man.igement ordma.nce to this Department via e-mail on July 12. 2004 On belialf of the Commissioner of Natural Resources. 1 am pleased to inform you that the above-cited proposed fltxxlplain ordinance amendment is in compliance with ‘’Statewide Standards and Criteria for ManapetrKni of Floodplain Areas of Minnesota." Minnesota Rules. Paris 6120 5000 to 6120.6200 Therefore, in accoidancc with Minne.sota Statutes. .Section 103F121. Subd. 2 (g). 1 hereby conditionally cenify state approv.il of the abose-ciied draft ordinance This proposed oidinancc anvndment also appears lo be compliant with the floodplain rrunagement standards of the National Flood Insurance Program This approval is valid upon adoptiuii of the draft ordinance by the city and receipt hy this ofTice of llirre (3i certified copies of the adopted ordinance aincndmenlM along with the signed and completed “Ordinance Certification Checklist” that 1 have attached We will then forwaid a ceitiftcd copy to FUMA s legior.a! office in Chicago on your community's behalf. Your community's cooperation and quick action in providing for tlie reduction in flood damage through the adoption and adminisuation of this ordinance is greatly appiectatcd Please continue to work with Tern Lutgen of our centra! office until this ordinance revision process ts complete. For all other matters, please ccntict .Area Hydrologist Julic Eknun (651*772*7919) of this office should you base concerns or questions Sincerciv. DNR Waters Dale E Homuth Regional Hydrologist Enclosure C; FE.MA. Guy .Matheson Planning Director. Michael Gaffron City Planner. Melanie Curtis DNR Waters. Tom Lutgen DNR Wateis. Julie Ekman DNR lul.Mmuiton 65t.2vrvM5? • • TTY 65l-296.54)U . VlimiiiiiHi Ilf. Memoilvnoum Date: To: From: RE: August 12, 2004 Chair Ralm, Pbrning Commission. City Administrator McIanic Curtis, City Planner i / ( 04-3034, Aperfect Construction on behalf of Robert P. Mack. 15S0 Sixth A\ enue North This application was tabled at your July IQ'"* meeting at the applicant’s request The applicant wished to increase the size of the berm onginally proposed and was unable to do so prior to the meeting on July 19’*’ The applicant has since revised the plans and staff has submitted those plans to the City Engineer for review. As of the dale of this memo the City Engineer’s comments have not yet been received Staff has had conversations with the Engineer regarding the changes in the berm and has received preliminaiy approval. Staff will provide the Planning Commission with the City Engineer’s comments at Monday’s meeting and those comments should be considered and added to any approvals. Planning Department staff is recommending approval of the conditional use permit for a benn along Sixth Avenue North with the stipulation that the applicant meet all of tlie City Engineer’s requirements. Attachments: A. Applicant’s Request to Table B. Revised Survey C. Planning Commission Action Notice D. Original PC Report of July 6, 2004 CITYOKORONO 2750 Kelley Parkway PO Box 66 Cnstal Bay, MN 55323 952.249.4600 ZONING FILE 04-3034 NOTICE OF PLANNING CO.MMISSION ACTION DATE OF NOTICE: July 20. 2004 TO:Ape: feet Ccnst:-uc:-.or. 314 Buchanan St NE Minneapolis, MN 55413 COPIES:Robert P Mack 1650 North Famt Rd Long Lake. MN 55356 TYPE OF REQUEST: Conditional Use Permit DATE OF MEETING: July 19, 2004 Planning Commission recommended as follows: The apnlication was tabled as recuicstcd bv the applicant VOTE: 7 FOR 0 AGAINST Applicant’s next scheduled meeting is confimicd as. Planning Commission - Monday. August 16, 2004; Meeting starts at 6:00 pm If >ou de.sire ccitificd copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. If you have questions, please call City Planner, Melanie Curtis at 952 249 4627 Qy-\ fc^r-cL fTJ f' c^s f Cy<^’ e>^— ^ ^ lAircl-pl^ S^-^,^. {Zc^U^^- ^ /C— ^juirnmiiiltuiiiim file »:4-5C3-» J-ty6 27W Page i o‘ 3 Date Application Rccci\ed: 06*23-04 Dale Application Contiderrd ac Complete: 07-06-04 60-Day Re«icM Period l.tpircs: 09-06*04 To:Chair Rahn and Planning Commission Members Ron Moorsc, City Adminislraior From: Date: Subject: MeUme Curtis. Cily Planner July 6. 2004 04-.1034. Dave Mack of Apcrfecl Consiruclion on behalf of Roben P Mack. 1580 Sixth Avcmic N, - Conditional Use Permit - public hearing /.oning District: Lot Arc:i: KR-IB, One Fumily Rural Residential, 2 acre minimum 3 75 acre(U)3.417s.f) ' Applkalioii Summary: The applit.inl is requesting a conditional use permit to construct I a bciin along Cour.ty Road 6 ( Staff Recommendation: Planning Department SialT recommends approval of the I conditional use permit with implementation of the City Lngmeer s recommcndation.s Pertinent /.oning Ordinance Secliuiis See. 78-966. Prnhiliilion. (a) It is unlawful for any person to pci form or have pe. formed the following land .alteration activities without a conditional use permit isst:ed by the council (1 ) Remove, fill, use for fill, dredge, store or excavate rock. sand, gravel, dirt or similar earth inatcru! within the limits of the city. (2) Fill reclaim any l.md by depositing such maten.il or b\ gr.iding of existing land to elevate or alter the existing n.itural grade List of Exhibits •\. Application B. Existing it Proposed Survey'Site Plan C. Proposed Berm Plans D. Submitted Hardcover Calculations E. Cily Engineer’s Comments F. Property Owners List G Plat Map Background Apcrfect Construction has applied for a conditional use permit in order to construct a sound blocking berm along County Road 6 in conjunction with the dcvelopmcni of the lot FILE«C4.3C34 juy6 :c:4 p*5« ? c* 3 for a single family home. LOT ANALYSIS Lot .\rcaAVidch; The prororty exceeds ihe lot area and lot width for the RR-IB. One Family Rural Residential Zoning District with 3 75 acres and 450 ’^ in width where 2 acres in area and 200’ in w idih arc required Setbacks; 1 he piopo'cd home meets the required setbacks for the RR-IB. One Family Residential Zoning District The berm also meets the required 5’ setback from property lines Hanicover Calculations: The pioposal falls beneath the allowed hardcover percentages as outlined in City Code Section 7S-12S8 CONDITIONAL I’SF. PFRMIT ANALYSIS According to Cii> Code Section 78-l28(He) the following considerations ajid conditions must be adhered to during the issuance of construction permits. (1) Grading or filling in any t>pe 2. 5. 4. 5. 6. 7 or 8 wetland mu.st K* evaluated to dctemimc how extensively the propo.sed aciixity would affect the following functional qualities of the wetland: ✓ \ot appUmblc (2) Alterations must be deigned and conducted in a manner that ensures only the smallest amount of bare ground is exposed for the shortest time possible. ✓ 7/ie applicant has proposed silt fcncint; and has also proposed landscaping for the newly constructed hernt (3) Mulches or similar materials must be used, where necessary, for temporary bare soil coserage. and a permanent \egetation co\er must he established as soon as possible ✓ The applicant has proposed landscaping for the berm (4) Methods to minimize soil erosion and to trap sediments before the\ reach any surface water feature must K* used ✓ The applicant has proposed a silt fence to be installed surrounding the entire area to be disturbed (5) 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 Serv icc. FILE FW-SOM Ju'y6 2004 Page 3 cf 3 (6) rill or excavated matcnul must not be placed in a manner that creates an unstable slope. ✓ The applicant has proposed a slope not to exceed 3 I (7) Plans to place fill or excavated material on steep slopes must be reviewed b> the city engineer for continued slope stability and must not create finished slopes of 10 percent or greater. ✓ The City Engineer, Toni Kellogg has revies^ed the plans and has made comments which are attached as Exhibit E (8) Fill or excavated material must not be placed in bluff impact zones ✓ The henn is not proposed in a blutt impact area (9) Any alierations below the ordinary Ingli water level of public w aters must first be authorized b> the commissioner of the Department of Natural Resources under Minn. Stnt § 103G 245 ✓ Sot applicable (10) Alterations of topography must onK be allowed if the> are accessory to pennitted or conditional uses and do not odvcrsel) affect adjacent or nearby property. ✓ The henn u til not ncgainely impact adjacent or nearby properties (11) Placement of natural rock riprap, including associated grading of the shoreline and placement of a filter blanket, is permitted if the finished slope does not exceed three feet horizontal to one foot vertical, the landward extent of the ripr.ip is within ten feet of the ordinary high water level, and the height of the riprap above the ordinary high water level does not exceed three feet. A riprap permit shall be obtained per the requirements of section 78-969. ✓ Sot applicable Issues for Consideration .Are there anv other is>ue.s or concerns with this application * Staff Recommendation Planning Staff recommends approval of the conditional use permit with implementation of the City Engineer’s recommendations. CITY OF ORONO - GENERAL LAND USE APPLICATION Application# Date Received / Amount Paid (I'OO'OJ PROPERTY LOCATION . . , v i ^ \ S te Adcress Type of Application to be Filed Ay<aHy^^f ^ Property Identification N^r.ber (P.I.dY “Z-fe l \ C> AXj ^ '.^rie}Phonetv/orkl ^ f ^--79 /L^ OWNERA'f d fferent than^pplican^ Name Phone (norne)fe^T7y^:^24^^ Phone (work) Address (A^X7 a ^t^7 fA City Or0*--v:O-^ Z'P.S3I^/AuUICSS [ ^ T'' • ly Date Pr^ert^Acquired I (d^)^dono^lso own the oo.dcent parce ’s of land FEES . CONDITIONAL USE PERMITS - ______$600 00 Residential Accessory Use ______$600.00 Institutional (church, school, etc.) ______$600 00 Guest House/Guest Apartments ______$600 00 Duplex Credit/Bldg ______$600 00 CommercaL'Industrial Use / $500 00 Land A.terat;on + Permit _____ Grading and filing - designated wetland or floodpla'n X Grading and filling - 501 cu. yd or more _____ Grading, seav;all, retaining walls within 75' of lakoshoro ______PRD/PID - sea Fee Schedule ______$250.00 Renewal Fee (no change from original application) ______A^ier-the-Fact Fee - Double CuTent Application Fee (month/year) OTHER APPLICATIONS ______$500.00 Ccmmerc al S te Plan Review (•► consultant fees) _______$600.00 Vacation ______$600.00 Easement Vacation _______$100.00 Easement Vacation With Subdivision ______S60C.00 Rezening (PUD • refer to fee schedule) ______$600.00 Comprehensive Plan Amendm.cnt ______$100.00 Appeals Other - see Fee Schedu'e # ti /? 1. 2. 3. REQUIRED SUBMITTALS __Completed Application Form. __Describe request in detail. Certified Property Owners List of o/.rers within 350* of the Subject property, labels and plat map. List, lace’s and map may be obtained from Hennepin Co 'nt/ Dccar.mcrt of Finance. Government Center. A-6C3 3C0 South 6 ‘ Street. Mmneapoi.s. telephone 612-3*^0*591 C) _ Certifeate of Survey (signed by a licensed surveyor - refer to handcut fc" survey ir.format.cn. Attach legal descriptor to app’icat cn if net irciuded on requ 'ed sur.e/. ___Topographe su'^^ey (ex sting and p'oeosed contours) if iand a'terat'cns involve changes in c evation (grades). ___List of the legal names (include manta! status) of ^'l persons with an interest in the property This would induce narr.e(s) of applicants) if net current cwner(s). ___Const'uction pian. if applicable (see staf* for requirements). ___As an addendum to this application, p'ease attach a separate list of any other persons you v/ish notified of this application. YOU ARE REQUIRED TO SUPPLY 3 COPIES OF LARGE DOCUMENTS AND 1 COPY FOR REPRODUCTION (11" X 17*’ OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. (Staff will requ re scaled drawings of a I documents p'ans, etc. to be submitted ) The Applicant and Property Owner m.ust sign this appl cation. Please remember that your application is not complete if the above information has not been included. Cert.f cation by Clerical Department that Land Use Application is complete. Initials of Clerical Staff;_____________________________Date_________________ 8. 9. APPLICANT’S SIGNATURE The appl cant hereby agrees to provide all information requireu cr requested by the Zoning Administrator, agrees to pay addrtional fees (staff time not covered by original fee paym.cnt) and/or unusual expenses incurred in review of this applicat.on. and cert Hes that the information supplied is ta^ and correct to the best of his/her krowleoge. /v* Date C*"Applicant's slgnatui OWNER'S SIGNATURE The owner hereby ucknov/ledges and agrees to this application and further authorized reasonable entry onto the property by City staff, consultants, agents, commssicn members, and Council m.embers for purposes of investigation and verfcation of this request. Owner's signature _______Date Ap;l;cant must have alt s-tr.cas .nto pie City off.ces 25 cays before tne Piarr ng Cominiiss oi f.'eeln^ P.ar.ning Conm.ss on ^fcetngs are held on the third Monday of each month. Apol cants must be present at all scheduled review m.eelngs of the Planning Commission and Council If an appl carl is unable to attend a schedu'ed meetng, please make arra.ngements to have an authorized agent attend m your p'ace and advise the Building & Zloning Office of this change prior to the meeting.ao &a/ 1 J I L gciitBiTV> Af^cK HARDCOVER CALCULAlUQjlUORKSUEET SETBACK ZONE: (CIRCLE ONE) 7-2' 0-7S'25D-50a*•00-1000' A Hcuse Ltnr-I B GtrajS C Dnvev^-ay D Sidewalk E Pa;;c/I5eck F Landscape Underlain By Pliitic Or Fabric G. O&er TOTAL Hardcover in zone TOTAL PROPERTY AREA IN ZONE A __________ - B PROPOSED Ha UDCOVER IN ZONE A Hci.se _______________ N U-r-' B Garage C Driveway D Sid:.va’.k E Pasts-Dcck F Landscape Underlain By P:a*:ic Or Fabr.c C Ouher TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A • B \ ICO ll*f Di7 74 0 0 S? SF SF SF SF SF SF £F SF SF SF SF SF A SF B V, SF SF SF SF SF. 'sF SF SF SF SF SF SF SF n. B4-3 X 100 SF __ _ _ _ _.SF /0 .3 9 V» 11^.017 /fo^f/tr /i4AC< '7'Z‘O^ HARDCOVER CALCULATIO.N WORKSUEEV SETBACK ZONE: (CIRCLE ONE) EXISTING hardcover IN ZONE A Hocje _______________ 0-75* Unr<^ B Cirage C Dnvewiy D Sidewalk: E P*ti3/Deck F Lir.djcape Underlain By Plastic Or Fabnc G Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A ______________ - B PROPOSED RARDCOVER IN ZONE A House ______________ u-r” B Oarage C Dnveway D Sidews'.k E Patio/Deck F. Landsaape Underlain By Plastic Or Fabnc G Other 75-2fU*^so-sjc;^SOO-IOOO' X KM W.0VI SF SF SF SF SF SF SF TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A _ _ _ _ _ __ • B / "700 X 100 • SF S- SF SF SF SF SF SF SF 1700 SF SF SF SF SF SF SF SF SF ,SF SF SF V, miBonestroo osene *^,Anderlik& Associates Engin««rt4 Architecii 2335 West Hignw*y 36 • St P»J^ WN 55l»3 OM.ce 651 636 4600 • Ffl* 651-636‘13H wwwbonesiroo com '■'i-'l- I i i'. u! Cirvc'^caavoJuly 9. 2004 Ms. Melanie Cums Planner C ity of Orono Post Office Box 66 Cn’Stal Bay. MN 55323 Re; Robert Mack Berm flic No. 129-05 COC Plat No. 04-3034 Dear Melanie. \Vc base rcMcwcd the ptoposed grading plan for 15S0 6* Avenue North. The proposed improvements include the construction of a berm along C R. 6 and associated site grading for a new home co.nstruction We ha\e the follovs’ing comments with regards to engineering mar.ers; • The ptoposed bciin is located along the south side of the pioposcd dri\e\\a>. The grading plan does not indicate a ditch between the toe of the berm and the dmew ay. The grading plan should be revised to include a ditch along the south side of the driveway • We visited the site and disco\ ered a culvert parallel to C R 6 under the existing shared dnvew ay The proposed berm appears to impede (low s to this culvert. The grading plan should be revised to show the culvert, culvert inverts and a ditch directing drainage to this culvert. • The plaits should include erosion and sediment control details, planting and restoration information, a typical ditch section, and ditch restoration details. If you have any questions please call me at (651) 604-4863. Yours very truly. BONESTROO. ROSENE. ANDERLIK & ASSOCUTES. INC. /<mt Tom Kellogg Cc Greg Gappa, City of Orono St Paul. St Cloud Rochester wuimar, WN • Viiwau*ee. Wl • Chicago. IL Attitmtiw* A<ii«n;l«uJ4 O’Pff an* rmptmr** KtJNltAIL WM'WM 1» ;6mi7tW(viOI rSOPADIJR n/UMXIMAVIN OWNLKNAMI. I h Will I MAN A I) M VVlltIMAN TAXPAVIK MIIINI.WIMIMAN NAMt/Al)OR 15706111 AVI N LONGLAAI MN 55556 )R 26IIII7II.’01W7 PROP Alton 1550 sum AVLN OWNLRNAML PWOROWAVAC SOKOWAV TAXPA51 R rim »p WA AVSANimA S ORUWAV NAMfyADOR 1550SLXIIIAVI N Ktm.LAKLMN 55jy. II 20Hli/tltn«?*i PROP Alton I4S5MXIMAVIN OWNI M NAMI W PI AK« I A II A M AWI TRSIIS lAXPAVI R WIII lAM A ilANIlAKA Pt ARt'C NAML/AltOR MS5niRIINOfc lONO LAKI MN 55V»5 51 ?7lll2MIOimi PROrAlMtR M AIIORI-5SIINASSH.NI.O OWNIKNAMi SIAII Of MINNIMMA lAXPAriR OWnni AllMAIt MUMI NAMiyAOOH AtINOhllllll fAJRUN MXtl Al AVMlIiHO SI PAUL MN 51155 HINNLPINtftl.Nn PROPI.RrV INK IRMA I ION SYS ILM pnOI'ERI VmVNI KSI.I.SI II 76IU2»».’<WO< PROI'AOOK I540MMIIAVIN OWNIRNAMI AIIRIIUmi M HI OIIOIIM IV I t Al lAXHAVm AOHIMIJRI SfMIOlWHIMIV NAMI /a UDH I UO six III AVI N LUMilAKI.MN 5515* II ’f.lll’H2(Wrt I'KOI'AHOK 1410 MXIMAVI N OWNfR NAME R«. IIAOSIR A S I IIAOM.R IAXPA5I H ROHfRI GA SAll Yl HAUSIR NAMI'ADim l4>fOSIXTII AVI N lUNGIAM MN 55156 i« ’oiixjijmjo): PKOI'AtlltK IWW lONCfl AKI HLVO OWNIRNAMI. CAROI UAIACOB IAVPAUR C AKOl JIANt AJA(0« NAXII'ADOH U/XMONlil am UIVO lOW.lAt.l MN 55}5(, PROP Alton OWNLK NAMI lAXI’AVIH NAMI'Allim IS 2Tiiii;u«(iUir» 1650 norihiahmpu ARIH I I M MA( K ARINLLMXIAI a |I.MiNORIIIIARMRl> ORONOMN 55156 l« :ollMI’20006 PROPAIIftR |5|) MXIII AVI N OWNIKNAMI WIIIIMANKIAI ISIAII PIRMIP IAXPAMR IOIINI WIIIIMAN NAMIMUHK |5?0 6t»IAVI N lOWiUlKl MN 55156 U ;6IIWJOOOII I ROPADOR 1550 sum AVf N OWNI R NAMI P W OHOWAV A f S OROWAV IAXPAt I R Pim IP W ,1ASSANORA S OHItWAV NAUtVAOOH I5VISIXIHAVIN IONGIAKI MN 55156 II 26IIR.’I»W0M PttOPADOR 152' SI.XIH AVI. N OWNIRNAMI SBASGMORRIViN 1AXPAVIH X»on BA SKI RVI O 540RRISON NAML/AOOR 1525 6 01 AVI N IONOU5K1 MN 55156 PROP AOIIK OWNLR NAXU IAXPAMR NAXU ADOR )R 2int2Mmuiu I6«0 NOR OI lAMM MO I AiniRl A M I lul Rf lltOVASLIlIRl If^jNORmiARMRO IONI jLAMMN 55156 I-----1.' XPvj r'S 'f:'- •< X '■< . I tlJflOY THAT 1 HI. FAl lS RLPKIStNTH) AKfc AN , RECORDS IKDI Kt.rRTSnNTAIlONOnNM)RMAn0NAS '^ 01 Tin: MhNNCHlN C(AINTY TA.\J*AYI.R SI.RVICtS DLPARIM^ Dll Hf^l 01 MYKNOWLtUiLANDlirUI.r . HATH 6 *'7*7 OV ■6icriiBrr4 Date Application Received: 07-21-04 Date Application Considered at Compleie: 08-0$-04 60-Da> Resiew Period Expires: I0-05-04 Pile a 04.3040 Pa;# : ct 3 Chair Rahn and Planning Commission Members Ron Moorse. City Administrator From: Dale: Subject: Melanie Curtis, City Planner August 9. 2004 CONSENT P04-3040, Dean & Sherry Lundblad. 1290 Arbor Sirccl, Variance Public hearing Zoning District:RJl-IB, One Family Rural Resident:-J 2 - Acre minimum 200* w idth Lot Area:0.29 acre (12.809 s.f.) Lot Width:100’ Application Summary: The applicants arc requesting a 21 2* side street setback from an unimprov cd right-of-way where a 50 ’ setback is required in order to construct a detached | garage. w. —-w -- ------------------------------------------------------------------ \ariancc as proposed with the following condition: 1. The existing turn around driveway suall be removed concurrently with the construction of the proposed garage and installation of the new proposed driveway. Hanhhip The suhstaiuiord lot si:c causes a itifi'u ulh for locolinf! o detachedgantiic Pertinent Zoning Ordinance Sections Sec. 78-420. Area, height, lot width and yard requirements. (a) Height No structure or building in any RR-1H district shall exceed 2 1 '2 stories or 30 feet in heiglit except as provided in section 78-1366. (b) Lots The follow ing minimum requirements shall be observed: l.oi Area (Kret) Lot W iJih 1 (feel) troni Yard (feet) Side y ard (feet) Side Yard Adjaceni to Street (feet) Rear Yard (feet) 2 200 ?0 30 [50 (50 FIlE»S4.3S43 August 9 2CC4 Pagt 2 o() List of Exhibits A. Application B. Hardship Documentation Form C. Existing & Proposed Sur\ey Site Plan D Staff illustration of buildablc area E. Submitted I lardcovcr Calculations & Staff Review F. Photos G. Aerial photo H Memo from Greg Gappa I. Property Owmers List J. Plat Map Background Steven Benson is the property ovsiier of 1290 Arbor Street The Lundblads are purchasing the propert) and have made an application for a variance in order to construct a 30 ’ \ 19.3* detached garage 21* from the side property line which is platted right-of-way requiring a 50* setback for accessory structures. LOT ANALYSIS WORSIIEET Lot ArcaAVIdth; jltR-IB Lot Area Lot Width Required 87.120 sf Caere)200* Actual 12.809 s f (0 29 acre)100‘ Setbacks: 1 RK-IB Required Kxhiinc 1 Pror»oscd Front 50 ’15 4’1 No Chance Rear 1 ^0*65-J21 ______________ North Side 1 30-9 8 ’No Change South Sidc(R O-W)1 50' 11 61 ’21 2’ (proposed garage) Structural Coverage: Total I^t Area Total Structural Coverage 12.809 s.f. (0.29 acre)AlloNvcd; 1,921.4 s f. (15' o) Proposed: 1,909 s f (14 9 •.) Hardcover Calculations: Hardcover /ame Total Area in Zone Allowed Hardcover EUslio* 1 p, HarJeover ] (Esitmatff 500-1000 12,809 s.f.4.483 S f (35%) 2,152 s f. 1 3,165 s f (17% ±) 1(24.7%) After exclusion of fabric or plastic-lined landscape beds file h &4-3:^o Ajgu»! 9 2X4 P«a# 3 of 3 Side Street Setback Variance The applicants have proposed a detached garage to be set back 212* front the side street lot line where a 50 ’ setback is normally required. The side st-*et in question was fenced and turned into part of the grassed park lawn. It is unimproved right-of-way currently, and indefinitely, being used”as parkland for Cry stal Bay Playground. This unimproved right-of-way serv’es as a side yard and not an improsed. traveled street Hardship Statement Applicant has completed the Hardship Documentation Form attached as Exhibit B. and should be asked for additional testimony regarding the application Hardship Analysis In comiderlng applications for variance, the Planning CtnniniiUon shall cunuder the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and me effect on values of property in the surrounding area, the Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances nhere their strict enforcement would cause undue hardship because of circunutances unique to the Individual property under consideration, and shall recommend approval only when It is demonstrated that such actions nill be in keeping with the spirit and intent of the Orono Zoning Code. The size of the lot is consistent with the other properties within this neighborhood and the proposal is not out of character for the neighborhood. Stall' finds tliat due to the size of the lot and the nature of the unimproved side street right-of-way there is hardship to support the 21.2 ’ side street setback where a 50 ’ setback is normally required Issues for Consideration Are there any other issues or concerns with this application? Staff Recommendation Planning Staff recommends appiosal of the side street setback variance as proposed with the following condition; 1. I'he existing turn around driveway shall be remosed concunently with the construction of the proposed garage and installation of the new proposed driveway. City of Orono ^ Variance Application S:'«ef *5ri'es5 2750 Keiey ParlcAay C-ors. WN 55356 Vain 952-249-*.50: fax 952-249-4ria Vaurg A^a «:s PO 63x66 Crystal 3a/. f.'N 55222-:C65 A:: :3: 3ns fjij - Ca:e P.ece^el A(“.-L.nt Pa 3 Staff . /I'l,/TTHTTf. Fee “S dOO" -------- Renewal S30D A*ter-tr!e-'act S: 2C0 D;l3 2 "ee This a?pi.caticr form must oe comp’etea m fu'i Apc.can: v^ii be noticed 'withm ts days as to tne status of tni aop icaticn Incomplete applications will not be placed on Planning Commission Agendas. PROPERTY INFORMATION: Site Address HrK-rw I 1 f ■ » *- V. ^ _ X * Property Identif.cation Number (PIN)._____________>_____________________________ (Altacn legal aescr.ption to application if not irouced on the survey ) Date Property Acquired (m^th/year) "y fof □ Yes. I own the adjacent parcels. Present use of property: ^Res.dential '□Other Zoning District ____ APPLICANT INFORMATION: (Complete 'cgal ra-as ana mantat status required fer each irte'ested sart>) Name I ..irt<-VtaUuA c./xA ^K?ro fntTrlovv __________ Phone (home). 71 - 'bt /<_•____________ Phone (work); HSI• •il 1 - 7^^__________ Address ’Tr-^ i , L Vu ••>L . H a 4 A/'iA4 ___________________ __ Fmail ^1^(; t.,,.n OWNER INFORMATION; (Ccrrp’ete legal names a-a ma-ial status requ *ed for each interested pan/) Name C ______)______ > r. "Phono (work);Phone (home); _ _ _______________ Address; ) fk?.tv> _/ ?Ts ‘7it DESCRIPTION OF REQUEST: Estimated Pfcjecl Cost Deser be the request in detail (attach additional sheets if necessary). ______________ Kr'UMivi c.».yvst<ut; tv J ^ Mvtr f r ir^t. rm»»>/< 4^. uJ c. S iYj Aucf' r 1 ^ itu^ * pLi/■c-V.v)<-i •|tr» ^ C-i-K« c n r 1.^: (> >y t A ^ ^ A ^ ^I ^ ^ i _ V _i . I c-crVi e-?VvCsm jZ,?. (T^a•rv- O) -U A 0 REQUIRED SUBMITTALS: All cf the following information must be submitted by the application deadline date in order for your app’ication to be processed D Pre-App'ication Mcet-ng Form, ccrrp'eted b/ a City P'anrcr □ Completed Application Form □ Com.pleted Hardship Documentation Form ^ Certified Property Owners List - owners within 150 ’ of the subject property, labels and plat m.ap List, labels and map may bo obtained from Hennepin County Department of Finance. Government Center, A-603 300 South 6''’ Street. Minneapolis, telephone 612-348-5910 □ O'igira' Certifcate cf Survey (signed by a licensed surveyor), meeting all the requirements i sted w'thin this packet, including hardcover calculations. Also provide one copy 8 5" x 1 v or 11" X 17" for reproduction. □ Comoleted hardcover calculation worksheets (as provided within the variance packet) □ Topographic survey - including existing and proposed elevations. Provide one copy 8 5 x 11* cr 11 ■ X 17" for reproduction. □ Sketches or plans of floor and etevat on views (provide one copy 8.5- x 11" or 11* x 17"). O Additional items may be requested by City Staff depending on the scope of the project. * APPLICANT’S ACKNOWLEDGEMENT: The applicant hereby agrees to provice ai. information required or requested by the Planning Department, agrees to pay additional fees (staff t.me not covered in the original fee payment) and/or consultant expenses incurred m review of this application and certifies that the information supplied is true and correct to the best of h.s/her knowledge The applicant recognizes that he/shc is solely responsible for submitting a complete application being aware that upon failure to do so. the staff has no alternative but to reject it until It Is complete or to recommend the request for denial of the request regardless of its potential merit. Applicant s Signature Applicant's Signature: r>- >^1 -f:—Date Date OWNER’S ACKNOWLEDGEMENT; The ownor hereby ocknow'edges and agrees to this application and further authorizes reasonable entry onto the property by City Staff, consultants, agents. Commission & Council Members for purposes of investigation and verification of this request Owner ’s Signature; Ov/ner ’s Signature: Date: Date; o4- Applicant must have all submittals into the City offices 25 days afore the Planning Commission Meeting. Planning Com.mission Meetings are normally held on the third Monday of each month. Applicants must bo 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 representative jttend in place of the applicant and advise the City Piarner assigned to your project # Q r / S ^ D<- ^Page 1 of 3 HARDSHIP DOCUMENTATION FORM This form is a required svjbmittal tor ALL variance applications. An appl ca*. or A I ret he cars de'ed eemptete cr c’aced cn a-y neetirg egendas uriil this fo'm 15 ccTio:ete ard submitted to the C ty Minnesota State Statue Section 394 27. Sufcd /son 7 requires that a haresh-p be derronstrated in order for a variance to be granted The ha'dship must be unique to the property as variances run with the Irnd and not tne land owner. Ferscnal and ezononi: s tuat ens are not considered va'>d hardships In o'der fer an acpiication to be heard by •‘■e Pianr ng Comm ssicn and City Ccunc i a ha'dsh p raving rr.erit must be cerronstrated HOW DO I PROVE A HARDSHIP? This form has 12 points outlining the basis City sta‘f uses to determine if a ha'dship exists ard how the vanance will affect the surrounding community. To prove a hardsmp. address a'\ the relevant points listed below ard answer them ns clearly as possib'c b nee yo j are reoucsting the code exception, you have the burden of proving that the variance is justified. Tne information the C ly rece.ves s what is usca ..1 dcter.m m-g a denial cr approval recomrrendat on If you leave scmetn rg out it w.ll ret be cons dored Please address each of these hardship criteria as they reiato to the request (some may rot apply) 1. 'The property in question cannot he put to condit'ons allowed by the official cofiiro's * Oinei tuc Cal J'-C-OI 11, > I .n/ ;>( a reasonable use if used under h± 1 r>tr •The plight of the Irndowner is due to circumstances unique to his property not cheated by the landowner.” ;;;[h.e vahanc j. if gr-anted. will rot alter the essential character of the loca'ity ” K li K»V -ffiP- hc«n<>.CLt> •Economic considerations a'one shall not constitute an undue hardship if reasonable use for the properly exists under the terms of the Zoning Chapter." "I n IJ Page 2 of 3 Sr “Undue hardship also indudes. but is not tin ted to. Inadequate access to d 'ect sun' sm for solar energy systems. Vanances s‘*a:i be granted for eaah sr.eitered construct on as defined in f/innescta Statutes. Sect on 116-’ C6. Subd 2. when .n haTnory with, this Chapter.* •The Board of Appeals and Adiustments or the Council nnay rot perrr.t as a variance any use that is not permitted under this Cnapter for prcpeny m tna 2o'“e where the affected person's land is located * ""Thi prey rr 4" I «' * -1 ut r *»-> I.i.r h,-VC l1'«’/-> U: IT “The Boa-d or Council may perrr.1 as a var.a-ce the ter^pc'^ary usn cf a one-famiiy dwelling as a two-fam.Iy dwelling * e. *7he special ccnc t ons apply.ng to the struett-e cr iand ir quest on a'e peculiar to such prop>^y or immediately adjoin ng property * . -TKr <■ < '-> rtr I h>.- "V. c = n pfcr^\?r I I i.r*- t.M- \ o.Tj 4c I t ’ r I~■■> .vv^. 9. “The cond.t.ons do not apply generally to ot^er land or structures In tno d.stnct m which said land is Iccate^ * Du t cA- C.W-dcv.1 C*-0 _____ I <i« > wruv-ci. v»-ppr.^ 10 “Tne granting of the application is necessary for the preservation and enjoyment cf a substant.al property nght of the applicant.' ^ , -h J ‘The granting of the proposed variance will not in any vway impair health safety, comfort, morals cr in any other respect be contrary to the intent of thu Zoning Code* yVur^./L ianK bP ^iriArrs*^j?ci tr% -Htc_________ tri § ^ M Page 3 of3 'The granting of such variance w‘I not nere ’y serve as a corvemence to the applicant, but is necessary to alleviate demonstrable hardship or 0;ff.cuity " ri'mrtrhf hcuvish .-p Or>/ny^iV ----------- -toV "hTiira _________________———------------ Hardship Statement Should you fee! the hardship cannot fuHy be described m the above cnte'ia. describe ne unique hardshio. p'actical d ff-cutty or unusual property conditions prevent.ng coTpliance w.th Zoning Ordinance requirements m the fcllov^mg lines (attach add.tiorai sheets if necessary) r r V ■•• ■ 1-^1 ‘ - L, CERTIFICATE OF SURVEY FOR DEAN & SHERRI LUNDBLAD OF LOTS 7 & 8, BLOCK 1. CRYSTAL BAY MINNETONKA HENNEPIN COUNTY. MINNESOTA U > < Q 2 CM < L. h~ U Ld a h* UJ a:□ DQ < S 88°5V00" E 1 35.38 OrrSTAL lAV MTKA. 135.60 ICASIWO / / / / Ia I 8 bo CMoo TO BC iWMovro :I- i;os. ; wo '•k A ' '/ EXISTING J * HOUSE *; ton #1290 4■ U U __.................i PAVt»5 P90f>0S£D BrTLW.OUS CfflvEiWAY CtJSCTtTt 19-U PROPOSED 2 ®R S GARAGE 1»3J 8 1000* SETBACK line....... / 5Ttm2o_ ST0*CS O,/ 7. / / / / A*C COAJfPCTf TO K NCMOVtO N 88®43' 50" W 1 1 9.26 kCASuKO 1 1 8.90 CU tSTA*. bay IM<T0»«(A CRYSTAL AVENUE LEGAL DESCRIPTION OF PREMISES : Lots 7 and 8, Block 1, CRYSTAL BAY M.NNETONKA o : denotes iron morker Bearings shown are based *jpon an assumed datum. This survey intends to the boundories of the above described property, the location of two existing buildings, the proposed location of a proposed garage, and the location of oil visible "hardcover" thereon. It does not purport to show any other improvements or encroachments. er- o t •fcWd ZtZZ tzt £55 ec--so >oc:'t: -nr ,------^ ' I ;• i • ti <0 w t t I j^'H- I CViOltulCT 5nc<»> ur . I- f«i'<Tiil(/ »^rr—jS jj 15 ClARACig jfl (Pf TA^Htp') 30 E/IV? •>*ir o CH jm. wr t.K't\M PM't \ ----------- I r e* .C9 t£. I — \ • A r' f- -T rs M 1.1 :--!T£. Pl.>MJ ifC^ALe rr^-»*.,- t / U UMC>g=>l^AP> rKEUMiAi^t oi/a./A-t jToTAt. U tT area t ll.Scx^tp ^K|6T i>JU fiiuii.x>ikjtt I 5p PRe»po5«0 4*a <A0.G ‘sqjSF T»TAU I,‘11-1 tf I,*111 SK -t- lZ,(o8 5F • -mib * \^7» CevCA«6« r ;♦ HLNNLh'IIN LUUINII, IVIIININL.OW I S 88°5r00" E 135.38 0A» MtKA 135.60 ***si#to N 88‘*43' 50" W 1 1 9.26 iCASUO 1 1 8.90 CTTSTAi BAY UMCTOMU CRYSTAL AVENUE Dc«w f ^Ugazi L\/h O<3 uu O L(t', VfB; [itacM.1 Mtum, HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) EXISTING HARDCOVER IN ZONE A House _______________ 0-75 ‘ Un|Ui \1,2. B. Cvige C. Dnvevviy D Sidewalk E. PitiaOeck F. Landscape UnderlaLn By Plutic Or Fabric G 0-her TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE - B PROPOSED HARDCOVER IN ZONE A House ___ B Garage C Driveway D. Sidewalk E Paiis/Deck F Landscape Underlain By Plftsuc Or Fabnc G Other TOTAL HARDCOVER IN ZONE tota L property area in zone A ___________ - B 75-250' 250-500’ 3.Z.\oo xlOO W.sih SF SF SF.-SLEC^ SF S? KlOO .* T»rjc fT €XfJr,»ya A/Wf c /3Z^ S.r. ? rjc • 7Sf - AV 9y S? SF SF SF SF SF SF ca>Mdtfr rt S F -Nc/t TO Swc, SF SF •A SF SF SF SF SF SF SF SF SF SF SF. SF SF. SF. fc'^l. .'^•., X*' . nrr^^rf-' fV, ;»:.'ag .' -X'' «v* ' »•* ■' .'^r ■' r^;, 1 ■***^ '/■< • r^r'n c *1“I V , \::>v. ^ - •• . -• \p- • . - . . *• . •■■-.v>-h.H:7^:^V'' --''i'-;■'Jitw ^^ ;n;-i'. :'■'■%■■■:■■ ,’• h >-•■•• *.. -V..-‘t.'X'.. -. «^«t l.<t »K . ^•4<:-T!^-, _ ^ n 14- : fence in V'^ islalled,*-' 'V ••r " '...J _ _ : c* CrvbT.i't',,. .1 . - ft* —Xmmr f Eyth&frW Page 1 of 1 Melanie Curtis From: Greg Gappa Sent: Wednesday. August 11. 2004 10 24 AM To; Mefante CurliS Subject: l290ArborCBParKCioseCfys!al Ave doc August 11,2004 To: Orono Planning Commission From: Greg Gappa. Director of Public Scr\ ices Subiocl: 1290 Arbor Street Crystal Avenue Closure The City recently closed Crystal Avenue beiueen Brown Road and Arbor Street, adjacent to the Crystal Bay Park This street was closed because it severed the park, and it was not uitical for neighborhood traffic circulation. 1 ’’c street pavement was removed and the area was restored to grass, but the Right of W av has not been vacated. The City has no intention of ever vacating this Righi of W'ay as it is now being used for park purposes. Also, because this area is essentially fully developed according to current /oiling regulations, we do not envision any future substantial changes in neighborhood traffic circulation patterns that -vould necessitate the reopening of Crystal Avenue 8/11/2004 L. e^- j ADJACENT PROPERTY OWNERS’ ACKNOWLEDGEMENT FORM I (we) A A Ti r. 1 \ 1 fpnrt name(s)][prirt adcess] I ^ L . have 'evewed the plans for the p'cpcsed mprcwe-nent or p'ODOsed jse o* the C'ooeny located 3*____________________also referred to as Lard Use Ape' caticn No _________ I (we) urde'stand that in executing tn;s acxnov.'edgerent. I (we) an (are) rot asked to declare approval or disapproval of the procerty or tse bJt merely to conf.rrn for the City Ccunci t:iat I (v.re) am (are) aware of the Improvement p'ars arj that the proposed ne ghbor's project or use requires Council approval. ')I . 7 ■ F’’opeWy O’whcr A'. jA (X<I i'i > > tOA ~7 ' J (" H Date PfCperty Owner Cate I (we) (print name(s))(print address) have reviewed the plans for the proposed im.provemont or pro at _______________ also re*erred to as Land Use Appi. • ■ •‘■e p-operty located I (we) understand that *n executing th s acknowledgement. I (we) am (are) ret asked to oeclare approval or disapproval of the prope.ty or use out merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor ’s project or use requires Council approval Property Owner Date Properly Owner Date If you have any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building & Zoning Office at least 10 days pr.or to the scheduled meeting date. / / IT 'iA /i.^ Scfti&lTj Hennepin Hennepin County Taxpayer Services Department • e 14 ' * ' /T 7' I ^ /7~ I ^140 I (7^) 140 ‘.99; c?/ 5(65; , ^ MINNETONKA AVE 1 \^ zl J^CRYSTAL u(T 3. CO 8 11 140 (39)(321 140 'cj tea 35 12 to tea 35 t •-,! 1601 (31) ^ 157 62 (^3) /' t51.B6^30/ Sti 14S35'^3 i - a to 140^ y 140^^ ^ 10 ^ 3\ ^ Vv sS'S?q: 9 t40, / a' ^ 1 **\ V ______ ' 143 140 07 (3^)\^: <37\ 3 QQ 5!a T40c a-7 JJ.O. b si O CQ MTKA 132 55 ^25; Ci- I ^ :'34f 6 t^O s oc ,.»; ^ j ^ ^ (28; • Sij 1255 (25; Jir 35) i4o' YSTALAVE ^ 1182___116 9 ji HB) I (57; PROSPECT AVE 1 Si ' (51) 175 J KV/ LlzE s' ;S (5/1 8 o §1 CO ^ ! 175 V sj M 1 !« .. 2t2 1 190 j8 2 (101) 175 3 155 «»>/ Q y 4 .*• ,•- *••'1.W (j ;V n L' !*H Parcel Information .r 1;^ 'i arcel ID 1011723310028 House Number 1290 Street Name ARBOR 8T r^r£ 4 nor a Itoaty '•co'ttea map /t rapreaanu a comp«/atKyf o7 m^mafion and data (irom Ofy. Cot/nty. and Stats roadat/diontas and od>ar sources Hiae BlRL&fflAtasaas. «W-30I0 Av(utl 16. 2004 Pigr I ofJ Due Application Received: 4*21-04 Date Application Contidered ai Complete: 6*9*04 60*Day Review Period E&pirev: 8-8-04 extended to I0-'’-04 To: Chair Rahn and Planning Commission Members Ron Moorsc. City Administrator From: Janice Gundlach, City Planner Date: August 12. 2004 Subject: i»04-3010, Theodore L. Capra. 3534 Ivy Place - Hardcover Variance. Conditional L'se Permit • Public Hearing Zoning District: LR - 1C, One Family Lakeshore Residential District ('/j acre min ) Lot Area: 0.50 acres (21.926 s.f.) Lot Width: 104 feet Ti Shoreline; 101 feet ^ 75' Setback Application Summary: .Applicant requests the following in order to consiiuct a new i residence on an existing lot 1. Hardcover varumcc to pciimt 30% hardcover within the 75'-250* zone where 25* 9 is normally allowed and 49® o currently exists 2 Conditional use permit to allow land alterations within the 0-75' /one_________ Staff Recommendation: Stall recommends denial of the hardcover vaiiance as the I project is a rebuild and should be held to the 25®b hardcover limit.rtion and no valid I hardship has been demonstrated Staff also recommends denial of the conditional use permit to allow grading within 75' of the lake Only one portion of the slope requires restoration, which can be accomplished without grading the entire lake yard or constructing any retaining walls The applicant is encouraged to investigate the use of deep-rooted plant material like prairie grasses and or vvildfiowcrs. other titan turf grass, in an effort to stabilize the existing slope._______________________________________ List ofFlxhibits Exhibit A - Rev iced Survey Exhibit B - Revised Hardcov er Calculations Exhibit C - Revised Elevations Exhibit D - Revised Floor Plans Exhibit E - Photographs Exhibit F - 60-Day Extension Letter Exhibit G - PC M*ecting Minutes of 6-21-04 E.xhibit H - PC Action Notice of 6-22-04 Exhibit I - PC Report of 6-17-04 Background The applicant and the applicant's architect have met with stafT numerous times since the June Ploiuiing Commission meeting to discuss alternative site plans in an attempt to ■04-3010 Aug»t 16. 2004 Page 2 of 3 reduce hardcover. The applicant has reduced the size of the garage, however increased the siz. of the house footprint slightly. The applicant has also explored moving the house to\s^ds the road but doesn ’t want to give up any lake views. Lastly, the applicant has tried a smaller anached garage as well as a detached garage in an effort to reduce driveway hardcover. All the exercises have led the applicant to the anached revised plan The applicant is still proposing to rcmo\e the shed located at the lake and the detached garage located at the road, as well as retaining walls within 75 ’ of the lake. The new plan consists of 3Wo hardco\cr when 33% was previously proposed and 25% is normally allowed. The applicant is also still requesting a conditional use permit in order to re-grade the lake yard. The City Engineer haj reviewed this plan briefly, howexer has not provided any wnnen commento at the time this report was drafted. His verbal comments relate spccific.illy to whether or not the slope is indeed in need of restoration He will conduct a site visit and provide WTitten comments, although he maintains that only the portion of the slope between the 934 elevation and the 944 elevation are in need of slight repair and the repair can be done without the need for retaining walls The applicant should explore replanting the area between the 934 elevation and 944 elcxations with prairie grasses and or wildflowcrs as those plant types provide much deeper root systems than turf grasses The Planning Commission should come to a consensus on whether extensive grading within the lake yard should be permitted given the City Engineer’s preliminary comments, the conditional use pci.nit standards outlined in the previous staff report, and historically what residents have been approved to do within their lake yard. lot .\NALYSIS WORSHEET (changti from theprevioui plan havt bten bohled and Italiclied) 1 LR-IC Lot Area Lot Width Required 21.780 s.f. (0.50 acres)100 ’ Actual 1 21.929 s.r (0.50 acres)104 ’ Shoreline lOl’rr? 75 ’ Setback LR-IC Required Existing Proposed Front 30 ’N/A N A Rear 30 ’ 99.6 ’ - house 11.5’ - detached garage 68 ’ (71 ’ was previously propose4) Left Side (north)10’ 23.2’ - house 1.3' - detached garage /i’ (28’ was previously proposed) •04-3010 AugutI 16. 2004 Page 3 of J Right Side (south)10* 26 2 ’ - house 73’ - detached garage //• ] (10* was previously proposed) Lakeshore 75* 1 91.5’ - house 18.5’-shed 1 88 • ( previously 90 ’ - house ) Average Lakeshore 71.5* - 98.5' (going north to south) 110’ -94* (conforming) 88' (94 ’ prev iously) Structural Coverage Total Lot Area Total Structural Coverage Allowed. 3.289 s f (I5*b) Proposed: 3,128 s.f. (14.3%) Previously Proposed: 3.208 s f. (14.6°b) Hardcover Calculations (A t>po was made on the on lire previous report regarding the square footages in each zone, however this typo did not affect the hardcover levels proposed. It is now j Hardcover Zone Total .\rca in Zone Allowed Hardcover Exi.i.ng Hardcover Proposed ! Hardcover i 0-75 7.698 s.f.Osf 320 s.f.* (4«b) Os.f (0%) 75 - 250 14.228 s f.3.557 s f. (25%) 7.032 s f • (49«o) 4,306 s.f. (30 ’c) Previous i 4.676 s f 1 (52 86<^b) 1 drivewavs never approved by the City. Issues for Consideration 1. Should this conforming lot be gr.mted a hardcover variance? 2 What level of ground disturbance should be allowed within the 0-75' lake yard? 3. Should the applicant be encouraged to reduce the footprint of the house, which is currently proposed at 2,288 square feel, not including the garage even though the structural coverage requirement is met? StalT Recommendation Staff recommends denial of the hardcover variance and conditional use permit request The applicant should be encouraged to reduce the size of the hou .• and dr garage Staff also recommends denial of the conditional use permit request as cuncntly presented. Following a site visit from the City Engineer the applicant will be directed an alternative solution for restoring the slope located between the 934 and 944 elevations. a''/ j DtTAtHiD 6AfA<i6 fo Be (leMovep L.k\i--:::^^0^"'- ,5-o3;^.J;.^-: "T®o,|tt>^VEP sweD*- VlAU' li-ro 06gtAioveo ■fo be UtMOVfeO OeTAtHtD fo 6e ncMovep EXISTING DUELLING 2-STCRY WOOD FRAfJE NO. J546 IVY place ^956- - ■ \i / ------to.___ r-rjco* Cii»*no« • (lc«(4 uvu) \ »52 3” ff . -r \ SO«S-f=H 'V* \ 4ls C*v * i' / / ■;oH-o^ '•\ « ' • ‘ '* • * ;* Iv:^ :-:n '*v '. •' • K' V.', • 13* C«lar 12* A JSO rr.^:••'>;' -- ''•i«t u*. ■ «SI2 ) 4 IMIiim •••HJM • Hfltll mnui ill iiiiiiii \v iv'tTw y % rm %t f I! W i ; V ..P A -.J,-•fr^vi -‘il ■: SUf-OA- . VlAU' -TO B6 g£/1(NED 220i m I I .-5' /-St'f ............ •VALU - -fO 6C fBtMOVfeO fjO. ^ ^ BAMDCOJ^lCAUVUTIMmUSI^^ SETBACKZONE: fCJRdSOW ___ EXHIBIT B 250-500* SOO-JOOO' I IN TONE A. Hemst 5J^. S.F, S.F. B. Gamgt C. Drfwfw^ S.F. 'S.F. X>. SbfaMoft E. Patio/Deck ____________ 5.F. --------------SJ^. S.F. S.F. eter. IMdtrlain _____________ ByFtaale ___________— Or Fabric ^^__S.F. S.F. ' S.F. G. Other — S.F. TOtALHAMDCOVEXOIZONB - mALF^mM^IOHE^ ^ xiOO ^ 7-C- S.F. A \-----—* fp^fQSgP it Uotae S.F. S.F. ___S.F. S.F. B. Garage C, Dn*e¥MXf S.F. S.F. D. Sldemitk E. PadoiDedt 5.F. S.F. S.F. S.F. F. Loetiuepa Uaderidai BfPUadc Or Fabric SF. S.F. S.F. a oto- w.--^ -y, W" . >' trCb '^S.F. ------------^ cir/ total BAMDCOVERDi ZONE - TOTAL FttOPEKTY AREA at ZOtS A ^ - xioo - \e0{o S.F. A -y ^h>}^ S.F. %znE hardcover CALCULA SETBACK ZONE: (CZRCLEOWS) )RKSHEET 25tK5W* A. Bouse gjg IN TjONE soo-ieoo' M. Garage C. Driveway D. SdewaJk E. Patiometk F. Lmbeape Dtuteriabt BfPlastie Or Fabric <gtV3 C>fe /So*>c*U^KU^ X ______ X X a 5./^. '5.F. ’i/. JiA3i- S.F. .S.f. 5.F. ‘S.F. S.F. _S.F. SJ-\ 'SF. 's.r. TOTAL HARDCOVER Of ZOKE - TOTAL PROPE^TMA IHZOHE^ ^ To32^ S.F. xlOO - i1 5.F. " » £ ^pmVKR IN ZOSE A House ______________ ■a»2.g>a> _5.F. B. Garage C. Drtrcwof D. SdcsioS: E. Pado/Deck F. Uadscape Underidn By Plastic Or Fcdtric G. OOter SF. S.F. S.F. 12-0 S.F. - 1050 17^ 12-0 SJ^. S.F. S.F. [S.F. SF. 'S.F. S.F. SF. 'SF. total HARDCOVER IN ZONE - WALFKOJ^MS^aiZONE ^ S.F. xJOO - A SF.7 % 50.x* . ... LWCi in?QGn m X I m H O o» a> i r ■ -“cT \0 XI**- rr - J7>. Wl...-_J-lV7 r')/‘n ITT?0 '"‘f “rxv-1^ ^:i53 :.t?3“i: <SlTtW4V r—I ui oraj! Li w '.V '<>P i. fUl j #ir lEELi ■rif ■■'ra ll tj I tT.k'l.U B»ATtt'nyaAAX —^ /i P|E*-»T rurflC. 22^3** Mcus» ^**P • ‘%'^db'ttl ToTAI---- 3 H D ■•^*«***"-^t^SST_____ L • , • -I. . f j ! ! Ai'.r I •' / ■ w: ' ^ >• . .. U-'X *• .f . }■ r •' •■f»'-iure? m'r r,-f. ■-•r: #,- ' '/• <• . - •-», ^tP \t • ■ *^* * •‘-.. 1 V V*; • ■ *•'* • 7 EXHIBIT F o o A %c** CITYof ORONO Municipal Officrs SUiet Addreit ?75D Kfi.e, Pv^*>iy 0*9-:. Its 55550 Matl'nt Address P 0 B:t 65 Crystal 3i, MS 55323 0:ta July 1.2004 Theodore L Capra 2S49 110‘-\AvenucNE Blaine. NIN 55449 RE: Variance Application 04-3010.60-Day Kesiess Period Extension Dca; Mr. Capra State law provides that Cities shall make decisions on zoning requests within 60 cays fiom Use date of application, and that this review period may be extended by ncufic.siioii to the applicant Your application was received on Apnl 21. 2004 and considered complete on June 9. 2004 The 60-diy review period will end on Augu.st 8, 2004^ Because your application was talMed by the Planning Commission at the June 21' meeting, and you arc not able to submit plans tor the July 19"’ meeting, the earliest potential date for final Council action falls after the 60-day period ends Therefore, the 60-day review period is hereby extended an additional 60 days to October 7, 2004. Your application is scheduled to appear before the Planning Commission at the August 16. 2004 meeting Revi-cd plans must be received by August 11^’’ m order to remam o.i this meeting Thank vou for your cooperation, and if you have funlicr questions ple.ose do not hesitate to call at (952) 249-4623. Sincerely. City of Orono Janice Gundlach City Planner Telephone (952) 249-: 300 • Fax (952) 249-1616 «rww.da)ronojnn.us ORC MINXTES OF THE J PLANNING COMMISSION MEET MONDAY, JUNE 21. ;0C4 6.00 o’clock p m. EXHIBIT G (2. «04-?009 JAMES /VND DARCY LOI FLEK, 1690 bllAUVNN OOD ROAD. VARJ.XNCE. REVISED PLAN, PUBLIC HEARING (6:09-6:15 p.m.) Leslie moved, Chair Mabusth seconded, to recommend approval of Application «04-.^009 James and Darcy Lofflcr, 1690 Shads'vsood Road, framing variances needed for the revised plan: 1. Lot area (0.39 acre where 0.50 acre required; docs not meet S0% rule) 2. "5*250' Hardcostr (Proposed =* 3,557 s.f. 10,"80 s.f. in /one - 33.0®where 25?^ is allowed.) 3. Subject to City Engineer acceptance of grading and drainage plan. VOTE: .Ayc$7,.NavsO. Fntzlcr urged the apph.cants to adhere to the approved variances and discouraged the applicants fioni ctilargin? hardcover sutfaces, i c backup apron and deck, in the future Gaffron advised the application would be scheduled for the June 2S. 2004 City Council meeting. Mr Lofflcr thanked the Pla:tning Cc:nmi»sion for their service to the corttiiuniiy NEW BUSINESS .3. W04 3010 THEOnOILE L. CAP1L\, 3534 IW PLACE, \ VlUANC E. CONDI I lONAL USE PERMIT, PUBLIC HEARING (6:15 6:32 p.ni.) Tltcodore Capra, applicant, was present Gundlacli presented the application for a p:cposal to tear down the existing house and rebuild, removing approximately 2,356 s f. of hardcover, althcugh the applicant ;s still requestmg a variance to pcr.r.it 4,676 s f. of hardcover, or 32 86”o The applicant is proposing to remove 320 s f of existing hardcover within the 0-75‘ zone and would then comply with the 0°o hardcover standard for the 0*75’ zone The lot meets the 'i acre standard as well as the width standard Gun llach pointed out the proposed house plans leave or. y 349 s f for allowable non-structural hardcove r and if the applicant wctc to constr-ct the proposed 3-^stall gaiage at the toad, 1.36S s.f of driveway hardcover would not be necessary In sunmury. she stated the applicant ’s property is conforming in area and vv.dth, ai*d the proposed application mcc.s ail other setbacks, including removal of the non conforming detached garage at the road and the non confomning shed located at the lake. She stated staff finds that no valid hardships inherent to the land to warrant approval of the hardcover *. inancc. Further, Gundlach advised the applicant requests a conditional use pem.it to allow grading all the way down to the shore. Proposed site grading would consist of a substantial f.il amount on the street and side of the home, w hich docs not require a CUT unless it exceeds 500 cubic yards. Gundlach refered to the City Engineer review comments in Exhibit F of the staff report, dated June 17, 2004 Page 3 of 22 J MINUTES OF THE ORONO PLANNING COMMISSlOl lEETING MONDAY. JUNE 21, 2004 6 00 o’clock p.m (3. U04-3010 THEODORE L. CAPRA, 3534 IVT PLACE, V/VRIANCE, CONDITION.VL USE PERMIT, PUBLIC HE,VRING - continued) Gundlach rccoxniended denial of both the hardcover variance and conditional use permit request. She indicated the applicant has an option to revise his plan to incorporate a smaller detached garage or reduce the total foot print in order to achieve 25^o hardcover within the 75’*250’ zone Also, the applicant could revise his plan to incoiporate minimal grading only as needed to remove the existing retaining wall, noting the proposed amount of grading is unnecessary to achieve a walk out style house Mr. Capra, applicant, pointed out his proposal decreases the hardcover from to 32.8".» He indicated that he thought rock retaining walls were undesirable so, instead, proposed substantial lakeside grading. If it w ere possible, he wished to install mo rock retaining walls instead f grading the entire slope Mr Capra commented that he believed his new house would greatly enhance the property mSiCad of the existing old house He explained he had already installed a shoreline nprap wall Chair Mabusth asked to sec Mr. Capra's photos of the shoreline iipiap wall. Mr Capra provided the photos to members of the Piarmiiig Commission Chair Mabusth inquired of staff if there were signs of erosion on the property Gundlach replied that the proposed retaining walls w ere net on the applicant's grading plans and she had not obseix ed any slope failures. Chair Mabusth asked if lakeside grading w ould be necessary if the house w ere moved further back from tb. ikeshorc. Gundlach explained that the City Engineer and the applicant's architect think the proposed house can be built without grading in the lakeside yard but fill would be required for the street and side yard. Mr Capra explained tliat after re-considcration of the substantial amount oflakcsidc grading proposed, lie now would like to pursue installation of retaining w alls. Chair Mabusth rccom.mcndcd tabling the conditional use permit request for grading m the 0'-75* zone until Mr Capra finalizes his grading plan She stated it was difficult for her to appro\ c of a hardcover \ariancc on a property that meets the width and area standards for its zoning distr.cl Rahn concurred with Chair Mabusth's and staff s dental recommendaiion, pointing out that it is a conforming site and he did not see any valid hardship. Mr. Capra commented that Ivy Place is very narrow and has no cn-strcct parking He also wanted the larger garage space for inside storage of spons equipment Kempf remarked that on-street parking is better than some ether streets because Mr. Capra's property IS located nearly at its end. Also, the property has other options like a detached garage or a reconfigured house footprint Jurgens added that Mr. Capra purchased the property as is and therefore the narrow road does not create a valid hardship._______________________________________________________________ Page 4 of 22 L MINUTES OF THE ORONO PLANNING COMMISSION MEETING MONT)AY, KJNE 21. 2C04 6.00 o’clock ? n (3. S04-3010 THEODORE L. CAPRA, 3534 1\T PLACE. VARIANCE. CONDI FIONAL USE PERMIT. PUBLIC HEARING - cootlnucd) Leslie moved. Rahn seconded, to tabic Application f-04-3010, Theudore L. Capra. 3o34 1\\ Place. VOTE: Ayes 7. Nays 0. 4. fe04.30l9 WENDY SULLIVAN. 325 CRESTVTEW AVENUE, VARIANCES. PUBLIC HEARING (6:34-6:40 p.m.) W-ndy Sulliva:!, app!:cant. was present. Gundlach presented the application for a tcardowa of the existing vacant, old and dilapidated house and to construct a new house Site remediation w ould be '•equit ed prior to issuance of a building pemiit She stated the lot is located w ithin a small neighborhood zoned fox 2 acre lots and that :r.any of the lots on Crcstv.ew Avenue and Tonka Avenue are substarrtia’.ly under rhe requ: ed 2 ac.es and require vamuxcc appreve.’. to do v.nually any inpiovcmer t Gundlach riidicatcd tlrat .5 acre st.indards have been .applied :n the past. WT.cn applied to this lot. 5 aero setback standards are met or exceeded 1 he applicant s plan meets all other rcqniicincnts for hardcover and structural coverage. Gundlach recommended approval of the requested vaitances Chair Mabustii invited coinmcnis from the applicant Ms Wendy Sullivan asked for cl-infication of the remediation requirement Ga.dlacli cvp'.a.ncd it was a requirement from tl.c Mirurcsota State Health Depanmeru due to the prior mclha!r.phct.tmines found there when the property was rented o-t Chair Mabvisth asked for any public comments There w 're none Jurgens requested pool and patio setback rcquircniems from staff. Gundlach pic<\ ided the infcrmatron. concluding »hc prcpcscd pool and patio arc compliant with City standards Chair Mabasth inquired if there were any lot coverage issues Gundlach stated thetc were none as the proDCsed applicat.on meets the 15% standard Jur}>eiis iiiuved, Kempf seconded, to recommend approval of Application »04-30I‘^, Wendy Sullivan. 324 Crcsiview Avenue. graDliii ” approval of the following variances in oidcr lo construct a ness residence on an existing lot: 1. Lot area s ariimcc in order to construct a ness residence on the existing 0.43 acre lot where 2 aces Is normally required. 2. Lot ssidth variance in order to construct a ness residence on the existing 150’ sside lot when 200’ is normally required. 3. Front yard setback variance to alloss the ness bouse to be setback 30’ from the front properly line sshen 50* nor malls is required. 4. Side yard (south) setback variance to allosv the ness house to be setback 19’ from the side property line sshen 30’ Is normally rcqur»d. VOTE: \se$7,Na>s0. Gu.ndlach stated .Application gQ4-3Q19 would be refeirrd to the June 2S. 2004 City Council meeting Page 5 of22 EXHIBIT II CIT\' OF ORONO 2750 Kelley Parkway r.O. Box 66 ZONING FILE: 04o0I0 NOTICE OF PLANNING COMMISSION ACTION Crsslal Bay, MN 55323 (952) 249-4600 DATE OF NOTICE: June 22. 2004 TO: Theodore L. Capra 2849 no''’ Avenue KE Blaine. MN 55449 COPIES: TYPE OF APPLICATION:Hardcover V'ariance. Conditional Use Permit DATE OF MEETING: June 21.2004 Planning Commission recommended as follows: Table The applicant was directed to revise the proposal to meet the 2S^o hardcover allowance for the 75‘-250* /one The applicant was also directed to finalize any grading or retaining wall plan for the 0-75 ’ zone and submit the plan to staff and the City Engineer for review prior to review by tl;c Planirmg Commission. VOTE:FOR AGAINST Applicant’s nc.\t meeting is tentatively scheduled as Planning Commission - Monday, July 19, 2004; meeting starts at 6:00 p.m. If sou desire certified copies of the official Planning Commission or Council minutes, they are available from the City Recoider after review and approval by the Plaiuiing Commission or Council. If you liave questions, please call City Planner Janice Gundlach at 952-249-4623. _id EXHIBIT I 3 ■o*.joi) —* Mj> r. :0m Pa|« I of 6 Date AppUeatlon Received: 4-21-04 Date Application Conildered ai Complete: 6-9-04 60-Da> Revie*» Period Expires: S-8-04 To: Chair Mabusth ar.d Planning Commission Members Ron Moorse, City Administrator From: Janice Gundlach, City Planner\*J!^ Date: Junel7, 2C 4 Subject: i*04-3010, Theodore L. Capra. 3534 Ivy Place - Hardcover Variance. Conditional Use Permit - Public Hearing Zoning District: Lot Area; Lot Width: LR - 1C, One Family Lakeshorc Residential Pistnet (1- acre tnin ) 0.50 acres (21,926 s *f) 104 feci a Shoreline; 10! feet @ 75’ Setback \ Application Summary: .-\^hcant requests the following in order to construct a new ' residence on an existing lot. I 1. Hardcover variance to permit 32 S6®s hardcover with.n the /5 -250 zcnc where 1 25®'o 15 normally allowed and 49% currently exists. ^ j ' 2 Conditional use permit to allow land alterations wiiliin the 0-75’zone ____________________________________________________________~4 ^ Staff Reconinieuilatiou: Statf recommends denial of the hardcovet xariar.ee as tl.c I project is a rebuild and should be held to the 25'-a .nardcoxcr limitation and no valid 1 hardship has been demonstrated Staff also recommends denial of the conditional use ' permit to allow grading within 75’ of the lake. The applica.nt can still achieve a xxalk-out | I style home without requiring the extensive grading Pertinent Zoning Ordinance Sections See. 78-2S2. Laxcshcrc hard co\c: and land alteration regulations In any LR-IA, I R- IB. LR-IC or LR-lC-1 district, wiUun 75 feet of shorclr.c, there shall be no excavating, filling, hard cover, temporary or permanent structures except as permitted u.nder section 78-281. Within 75 to 250 feet of the shoreline, there shall be no greater than 25 percent hard cover. Within 250 feci to 500 feet of the shoreline, there shall be no greater than 30 percent hard cover Within 500 feet to l.OOO feci of the shoreline, there shall be no greater than 35 percent hard coxcr Sec. 78-1288. Hard cover limitations. (a) No hard cover or impervious surface shall be placed, located or constructed xxiihin 75 feet cf the ordinary high water level of any lake or tributary, except for stairways, Ufu. landings and lockboxes as regulated elsewhere in this Code. V04-30I0 May 17.2004 Pa|t 2 of 6 (b) Between 75 fee! and 250 feet of the OHUT, there sh^l be no greater than 25 percent hard cover. Between 250 feet and 500 feet cf the OHWL there shall be no greater than 30 percent hardcover. Between SCO feet and 1,000 feet of the OHWL there shall be no greater man 35 percent hardcover. Section 78-1286. Topographic alterations'grading and filling. Co) Grading, filling or excavating of more than ten cubic yards is prohibited w'ithin 75 feet of the ordinary high water level of the public waters enumerated in section 78-1217. Grading, filling or excavating of ten cubic yards or less shall require city staff review imd permit and be subject to other pe.'tir.ent sections of this chapter (addressed in the conditicnal use permit section of this report) List ofExhibiu Exhibit A - Applications Exhibit B - Hardship Documentation Form Exhibit C - Existing Survey Exhibit D - Proposed Survev Exhibit E - Hardcover Calculations Exhibit F - City Engineer Comments Exhibit G - Front & Rear Elevations Exhibit H - Floor Plans Exhibit I - Adjacent Property Owner’s Acknowledgement Form Exhibit J - Photographs Exiiibit K - Property Owner’s List Exhibit L - Plat Ma? Background The applicant has met several limes with Planning Depar.mer.t staff to discuss construction of a new residence on his existing lot. The Plarminz Dcparmcnl has advised the applicant that new construction has consistently been required to meet all standards established by the Zoning Ordinance, including hardcover. The applicant has attempted to work with staff to determine if any hardships exist to warrant approval of hardcover in excess of 25°/3. LOT /VNALYSIS WORSHEET • 34.J010 M»y 1-. 2004 P<cc3 ofC Right Side (south)10 ’ ! LR-lC j Required Existing ] Proposed ( Freni 30 ’ |NA jN'A 1 i Rear 1 iS9.6 ’-house , ! 30 ’ j 11.5’- detached | 71 ’ i 1 aaracc i ! j ■ ■ 1 123 2’ - house ; Lef. Side (norJt) ! 10 ’ T3’ - detached :s- ' 1 26 2’ - house 1 73* - detached Lakeshore 75- ; 91 5’ - house 18 5*-shed 90 ’ - house ' Average Lakeshore I 71.5 ’-98 5’(going j 1 iiorih to south> ! 110-94’ (conformine)j 94* ! fsiructurnt Covcrasc --------------------------------------------------------- j Total Lot Area 1 Total Structural Coverage 21.9:6 s f (0 50acrca) t Allowed 5.289 5 f (15'a) j Proposed: 3.208 s f (14 6'j) | . H.irdcovcr Zone 1 Total Area in Zone .Allow cd Hardcover j Existing ' Hardcover I Proposed j 1 Hardcover | 1 C - 75 6.97S5.f. 320 s I • (4®/c) jOs:V'' ^ __| 75 - 250 14,948 s f.i,737 s f. {25=/o) 7,032 5,f.- (49%) 1 4.676 s f 1 (32 86%) • After exclusion of fabric or plastjc-lincd landscape beds Hardcover Variance The apphcani is proposing to tear down the existing house and rebuild The CMStir.g house has approximately 7,032 s.f or ‘♦9®'o hardcover w*iihin the /5 --50 zone. The applicant is proposing to remove approximately 2.356 s.f. of hardco\er, although is stiil requesting a variance to permit 6 s.I. of hardcover, or 3- S6*. > Also, the property curicntly contains 320 s f. of hardcover wiuhin the 0-"5* zone or 4% (the rock wall at the shore does not count towards hardcover). Tire applicant is proposing to remov c tliis hardcover and comply with the O®/-;) hardcover standard for the 0-75 ’ zone. •0 4-3010 Mi> r.:oo4 rate 4 sf6 Hardship Statement Applicant has provided a brief hardship statement in Exhibit 3, and should be asked fer additional testimony regarding the application. Hardship Analysis In conudering applications for yanance. f'tr Planning CemmaUon shall confider the effect of the propoted variance upon the health, safer/ and welfare of the eemrnunity, e.xisi.ng and anticipated i traffic conditions, light and air. danger of fire, risk to the publics afer/', and the effect on values of property In the surrounding area. The Planning Conwilsslon shall consider recommending approval for variances from the literal provisiens of the Zoning Code in instances >vhere their strict enforcement would cause undue hardship because of circumstances unique to the indiv idual j property under consideration, and shall recommend approval only when It is demonstrated that such actions will be In keeping with the spirit and intent of the Orono Zoning Code. Staff finds that no valid hardships inherent to the land exist to warrant approval of the hardcover variance The lot meets the ‘/a acre area stariaid a.s well as the widih standard. The applicant has proposed 3.20S s f footprint leaving only 349 s f for allowable non- structural hardcover, which would work under most citcumstanccs however the applicant has proposed an anached. 3 -stall • garage. !f the applicant were to construct the garage at the road. l,3cS s f of hardcc\cr for a driveway would not be necessary The Zoning Ordinance specifically addresses detached t’.nagcs for lakeshore lots and reduced setbacks to allow for minimal driveway. The Planning Commission has consistently requiicd that properties meet all standards, including hardcoscr, when a property is being rebuilt. Conditional Use Permit The applicant has expressed his desire to “even out” the grade on the lake side of the home In doing this the applicant has proposed grading all the way down to the shore. This in part has to do with the applicants proposed walk-out .-tyle home but also an attempt to remove tlie existing reta.ning wall that a previous owner constructed in an attempt to create a flat area for a garden The grading proposed on site will consist of a substantial amount of fill on the street side of the heme, which doesn’t require a CUP unless it exceeds 500 cubic yards, and also the grading cn the shcrclinc side which does require a CUP. The City Engineer has reviewed the proposed grading plan and his comments arc anached as Exhibit F. Below, the proposed grading within 75* of the shore is reviewed against the conditions established under the Shoreland Overlay District Ccndiiional uses allowable w.thin shoreland areas shall be subject to the review and approval proced.itcs and criteria and conditions for review of conditional uses established in the Zc.ning Ordinance. The following additior.il evaluation criteria and ccr.ditiv-'ns apply within the shoreland overlay district E'caludiion crirer j A thorough evaluation of the water body and the topographic, vegetation and soils conditions on the site must be made to ensure: The prev ention of soil erosion or the possible pollution of public waters, both during and after ccnstniction; ■04.3010 Miy r. :004 PagcSofO Because the applicant can achieve 3 \\>alk-out style home v^ukout grading to the shoreline, the possibility of the above criteria can be avoided The visibilit>' of simcrures and o'Jier facilities as v.ewed frcm p’jblic u-aters is limited; From staffs perspective, the proposed grading ui.V not make the proposed home any more visible from the lake than the existing home. The applicant is proposing to merely e .en out the grade The site is adequate for water supply and cn-site sewage treatment; and This site is served with public sanitary sewer The types, uses and numbers of w atercraft that the project w ill generate arc compatible m relation to the suitability of public waters to safely accommodate these watercraft. S/.A The applicant will continue to use his lakeshore for personal boat storage and lake accessibility Conditions attached to conditional use permits The city council upon consideration of the criteria listed in subsection (!) above and the purposes of the Zoning Ordinance, shall attach such conditions to the issuance of the conditional use permits as it deems necessary to fulfill the purposes of the Zoning Ordinance. Such conditions may include but are not limited to the following a. Increased setbacks from the ordinary high water level. A7.4 Limitations on the natural vegetation to be removed or the requirement that additional \eg.iation be planted. The existing vegetation on the lake side of the home consists mainly of underbrush Should the Planning Commission determine that some amount of grading on the lake side of the home is appropriate, additional vegetation implementation could be required. Special proMsions for the Icca’icns, design and use of structures, sewage treatment system*.s. watercraft launching and docking areas, and vehicle parking areas. The applicant is proposing to remove the shed located at the lake in an effort to reduce hardcover Issues for Consideration 1. Docs the applicxnis desire to have an attached garage create a hardship? 2. Can a lakeshore property handle a 3 -stall + garage? REQUIRED SUBMITTALS: Alt Of the following Information must be submibed by the appCcation cJeaOlire bate in crier for ycjr application to be processed. u Pre-Application Meet ng Fern. ccTc’eted by a Ciby Pia.nne'. □ Cemp'eted Applicatsn Form □ Completed Hardship Docurrentation Form ^5V. ' O Certified Property Owners L st - cv.ners .vtr.n ISO' of the subject property, abels and p at rap List, labels and map na/ be ccta rec from Hennepin Counf/ rf p,na>--o Government Center. A-6C3 303 South 6*' St'eet, Minneapolis, teiephe-e'^'2-2^8-591 o 5, C Original Certificate of Survey (signed by a licensed surveyor), meeting a.i tne reeji-errents listed with'n this packet, mc'ucing narccove" calcjlatcns. Aiso provde cne copy E 5' x tr or 1 r X 17" for reproduct'on. □ Cempieted hardcover calculation v.orksheets (as provided with n tne variance packet) Topograohic survey - including existing anc proposed e'evatiens Provide ore copy 8 5" x 11" or 11"x 17"for reprcducton. □ Sketches or plans of f.oor and elevation vievss (provide one cosy 8.5' x 11" or 11" x 17') □ Additional items may be requested by City Staff depending cn the scope of t.he project. " APPLICANT'S ACKNOWLEDGEMENT; Tne applicant hereby agrees to provide a'! infermatien required or requested by the Planning Department, agrees to pay addit oral fees (staff time not covered in the original fee payment) and.'or consultant expenses incurred in review of this application and certif es that the information supplied is true and correct to the best of his/her knowledge The applicant recognizes that hc/oho Is solely responsible for submitting a complete application being aware that upon failure to do so. the staff has no alternative but to reject it until it is complete or to recommend the request ' denial of the request rogardl^j^ of its potential merit Applicant's Signature- Applicant's Signature:/ Date Date: OWNER'S ACKNOWLEDGEMENT: The owner hereby acknowledges and agrees to this application and further authorizes reasenab e entry onto the property by City Staff, consultants, agents. Commiss ’on & Councii Mem.bers for purposes of investigation and verification of this request _Da:e: Jo ? Date: ^ purposes of investigation and verification of thi^req^st Ov^ner's Signature: ' Ovmer ’s Signature: * 7 Applicant must have all submittals into the City offices 25 days befo*e the Planning Comm.ss cr Meeting. Planning Commission Meetings are normally heid on the third Monday of each merth Applicants must be present at all scheduled review meetings of the Planning Commission anc Council. If an applicant Is unable to attend a scheduled meeting, please make arrancenerts t( have an authorized representative attend in place of the applicant and advise the cTty Planne assigned to your project. J V P /i 1 n.is City of Orono Pre-Application Meeting Form (Th s >5 to be coT.pleted by a City P'arre: ycur ce-acp^ ca: rree-. ~g *) Sf'tffl? Ai^ress 2753 <ei:ey Pa'<*ay C'cno. VN 55353 Ma>. 952-2‘.:-^5C0 Fax S52-241-4S16 Mailing Adarass P O Boxee Crystal Bay. W.N 55323*0C65 Fr- Cf^ce U50 Criv City P amer ___ ^■•eetl-.g Date/T'-rie PC Date Mo^ 0 <J/.O-;, What is the purpose of a pre-application meeting? Pre-appucatior meet.rgs a:d the a3p!:cant in prepanrg a complete proposal, ■n.orn r.em cf tie c'ocedjres a"d repwlrements of the c.ty code, and identify poliCiCS or regua^ens that c ea.e opportunities or problems for the proposal. PROPERTY INFORMATION; Site Address prepedy Iderttfcaticn Number vPlN) Zoning District: Size of Property;4. ' i?. DESCRIPTION OF REQUEST: □ Averace Setbac< □ S de Yard Setback □ Rear Yard Setback ;a^Harocove' □ Lot Coverage C Lot A'ea '□Other: n\J-i bf □ r'ort Ya'd Setcack □ Let Wdtn Appiicant’s^j^ Initials; V HARDSHIP; Applicant nas received the Hardsh.p Dccumentat on Form, understands it as it has been expla ned to them, and is aware that it must be completed and submitted in conjunction with their form.al variance application. OTHER INFORMATION: __________________________________________________________ *Pl0ase note: Your variance applicat.on wi'l NOT be accepted without a pre-appiicaticn m.ecting during which this form svilj.^^complied by Cit^t^^ Applicant Signature: Dimn will>^completed by Ci^t^ » Y i ‘n i EXHIBIT B Pagt : cf3 HARDSHIP DOCUMENTATION FORM This form is a required submittal for ALL variance zpplicatons. An appHcaicr W.11 net be cons dered complete c' olaced o-. any rreetrg agendas urM ttr.s *crm 1 ccmDicte and s jt'Ttned to the C :y. M nnesota State Statue Sect on 3=4.27. S-bd.v s cr. 7 reou-res t^at a ha'->h ? -e cem.onslrated in order for a variarce to oe granted. Tne ^a^clsh..p must be ur.q-e t- tno P'openy as variances run with tre lard ard not the land c^.er. FersonsI a^a eoonomjc st'jations are not considered va'.d hartisMps. in order for an acp!ioaticn to be hea'- t/ tne Panning Commission and City Council a nardship having mert r-«st ce demonstrated. HOW DO I PROVE A HARDSHIP? ^ This form has 12 points cuU nng tre basis C ty staff uses to determ.ne if a ha dsh p exists and how the variance wnll affect tne surcunc.rg cemmunrty. To p'ove a nards..ip. ado*es8 all the relevant ooirts listed below ana answer I'-em as c'eariy as pcssib.e Since you are requesting the code exception, you have the burden of proving that the variance is iustifled. Tre irfcr-nal;on tr.e City receives is what is used .n dcter-n.nrg a denia. or approval recom.mendation. If you leave something out it w.ll not be conside'ed Piease add'ess each of these hardship criteria as they relate to the request (same may not apply); “The property in question cannot be put to a reasonable use / used uncer conditions allowed by the official controls * P r nxA gLhfh? ^ ^ 130 Rg. -mi.„LOT ----- 'TMPirO H>-vA-r u^HiOH rr>r>^sT\TU1 A ------------- “The plight of the landowner is due to circumstances unique to hiS property rot created by the landowner.* Z\J\y Pl AO*r, i^^ f\)T i4 PT iV- COP\T>A^\ [L»7H-iT.ir( r* Aii.SiAJfm A TgAVlH C CTAr^. “The variance, if granted, will rot alter the essenfa’. character c» the 'cca'ity.* n uQtt.t^ hJin ALT^ PC^r>7T^ trO XT ^^uw~lALn irv;i4-Af\;C.0 \T._____________________ “Economic censiderat'ons alone shall not Constitute an undue narcsh.p if reasonable use for the propehy exists under th.e terns of the Zcr.ng Chapter,' rom ___________________________ f 8. 9. i Page 2 of 3 •Undue ha-dship also includes, but is not Tm ted to. inadequate access to d rect ijr.iight for solar energy systexs. Varances shall be grantee for eath f elte-ed construct on as deHned in V nresota Stat-tes. Section 11SJ.CS. Sufcd. 2. wtten in harmony wi*Ji this Chapter." /V/A "The Board of Aopea^s and Adjustments or the Council may not perm.t as a variance any use that is not pern tied under tn.is Chapter for prepety in the zone where the afected person's iard is located." SjltTOC- CMl-U. Of« _______ L&l\ VA Tt Oru^ r**? ? »n> T. "The Bca'-d or Counci: may permt as a variance the tempora-y use of a one-famJy Cwcil.ng as a two-family cfwell.ng Z KJJ A •The special conditions applying to the stxcture cr land in question are peculiar to such property or immediately adjoining preperty." 10 •The conditions do rot apply generally to other land or structures in the district in which said land is located." AlfD 10. "Ire granting of the application is necessary fer the preservation and enjcym.eni of a substantial property right of the applicant" - ---------------- 11. ‘The granting of tne proposed vs.iance will not in anv way impair health, safety, comfort, morals, or in any otner respect be conlra7 to the intent of the Zonng Cede." COC.'i'cGT Page 3 of 3 ‘Tne grant ng of fuch vanance will rot merely serve as a ccnveritnco^ to the aaol cant, but is rocessary to alleviate derronstrabie hardsr.ip or d^iculy. .-T rf\A-r7<^Gf> TO — Cl-Q^P PACwccQ CnH^?^----------- ^ L-P > Hf^iONgOAO lOtTVnnCT --------- Pr i-’CcCiCH n^ Snouid you feel the hardship carrot f ji’.y be desc'ibed in the above cr.tena. descnoe the unique nardsh p. practical difficulty or unusual property co-d ticns praverti-g corp'iarcc with Zon.ng Ordinance requirements in the foilcwing lr.es (attach additional snee.s i. ii fkr nc-jo ivr . '7- Aon A\x,vA-(2 ^ -r »ler V T ur-~!fiAfjvjirc A,■^c ivnj^ J^T -y^\ *~fo rx<Ltr- pc'SSifb<-L Lo^^^Lo or-T. 6VV- ^lcao. __u>r -vv im.p qx— f\-n Ani-A->r^ ^aPAr^fX t nvn c> rt‘ ^4-o lAOnm e.. li_>H i c.H l-l? q r t >/Ae^ A/L»4-. ^lAirvttr TU id f-iVt-\ArVO-ti. rbiTbjiK> m fh _______1H «vS — ^tNVo I t^V « dNVl* U-? r‘\*Lt I- O f C ^ ^ ~.___1 -1 I ■ ——». , ---------- ^ o r-T ^\-v- (2,cAD. u)^ u.y .u.L4?b r^LjLr\.QLiVG Tl^K AftfA TV*»rv>?.^nin<!u SttovO vp.v r^Dtci fv\^ , ~L fArvn p^vjAit t/5. <7- ^ ■ft ’>i•s. 'A. .S'. if r^;»i -J REVISIONS CERTIFICATE OF SURVEY SURVEY FOR: TED CAPRA EXHIBIT D REViaONS pJh^oJiUU lUWJiffr!TED CAPRA L. HAItDCOVEn CALCULATION WORKSHEET SETBACK ZOSE: (CIRCLE ONE) Fittfn'mr, hamdcovkr in ZONE A. Hotut ______________ mi 7S-25Q’250-500’ EXHIBIT E 500-1000' B. (jarage C. Dri\e*vS5 D. Sidewatk E. BaAo!De6i X X X X X X X X X F. Landsaipe U^irL^ Underlain By Plcsrie______________ Or Fabric C. Other ^ TOTAL hardcover IS ZONE - TCrrALFROF^;^REAlSZONE^ ^ ^ S.F. SF. S.F. S.F. S.F. SF. S.F. S.F. ]S.F. SF. ' S F. ' SF t*^{^^S.F. 'htO-ocXbr- S.F. xIOO - A S.F. % PROPOSED HARDCOVER tN ZONE A. House ___________ LenfiM B. Carage C. Driveway D. Sdci^alk E. Patia/Deck F. Landseepe UixUrlain ByPtasiie OrFtAriC O. Other S.F. S.F. ’ S.F. S.F. S.F. S.F. S.F. S.F. [S.F. S.F. ’SF. 'S.F. B F HARDCOVER CALCULATW^ORKSHEET SETBACK ZONE: (CIRCLE ONE)0-7S’2S0-S00'5«>-J00C* RytSTtAin DAJtDCOVER IN ZONt. A. House X m S.F. Unfm X w!eai S.F. X m S.F. •X m S.F. B. Garage C. Driveway X SF. X ■m SF. X SF. D. Suteualk X ^toA^SF. X m CmG S.F. E. Paiio/Deck X S.F. X s SF. F. Landscape Underlaift X 3 S.F. X 4.2.^SF. By Plastic Or faen- G. Other X a S.F. X S.F. TOTAL HARDCOVER IN ZONE TOTAL PROFERTYAREA IN ZONE no92-B f ^Z2.g> *To53. SF. A i ;oo - PROPOSED HARDCOX'ER IN ZONE A, House ______________ Ltntih WtOh D. Garage C. Driyeway D. Sidewalk E. Polio Deck F. Landscape Underlain By Plastic Or Fabric C. Other X X X X X X X X X q4o K.& SF. SF. S.F. S.F. >.F. S.F. .S.F. S.F. .S.F. S.F. S.F. S.F. 7CTMLa4«?a7VZRr?>^ZOA»E - TOTAL PROPERTY AREA IN20NE . ^ A * B ^>00 - T5»X.r. A S.F. % L. m Bonestroo Rosene Associates Ergtn«ef» & A'Ch»te:tJ AnderliK & 2335 WtfIt Highway 35 • St. Paul. WN 55t*3 Office 5Si-636-<6C0 • Pa* 65'-636-J3:i wwwboneit'QC co— EXHIBIT F Jure \A,2004 Ms. Janice Gundiach Planner Cit>' of Orono Por. Office Box 66 Cr>stalBay.MN 55323 3534 1\7 Place rile No. 139-04-000 Plat No. 04-3010 Dear Janice. \Vc have reviewed the plans for the proposed improvements to 3534 Ivy Place. The proposed improvements include removing an existing residential home and garage, constructing a new home and regrading the entire lot. We have the following comments with icgatds to engineering maticrs; Tr.e proposed grading plan shows a swale along the south let line that will convey drainage onto the neighboring property to the south. Plans should be rcv.sed so storm water is conveyed around the house on the subject property. The plans propose to regrade the slope between the new home and the lake. This does not appear to be necessary and should be strongly discouraged. Any grading within 75-feet of the lake should be avoided if at all possible to preserve the stabiliy of the slope and prevent erosion into the lake. Tne grading plan should be revised so that swales are incorporated along both the ncr.h and south sides of the home. This may require relocating ti.r hom.e to provide adequate room to construct the swales. The revised plans should include existing contours and topography beth on the site and extending to at least 50-fcei beyond all lot lines If you have any questions please call rac at (651) 604-4S63. Yours very truly, BONESTROO. ROSENE, ANDERLIK & ASSOCIATES. INC. Tom Kellogg Cc; Greg Gappa. City of Orono • St. Paul. St. Cloud, Rochester. Wiilmar, MN • Milwaukee. Wl • Chicago. IL ArrtrmatlW Actl«n/(4«Ml Opp«ftijnlt» ■irplojr*' OwnM c-,Apo-A jz-Gs.'oe>x^e %C-i4- ivy VV/-yZATA • ^^0»VMM kIO* rvi o> o zr M •Ms •-1 o • « • Q';;rfiorr^ ADJACENT PROPERTY OWNERS’ ACKNOWLEDGEMENT FORM I (*.) CA«^e^_________o; EXHIBIT I ’OT.rl raT.e^a)) ;p'int aPcress; have '■ev ewed the j'ans for the proposed imp'’cverreni o'' p'coosed use cf the o'coerty iccated at 35*34 >Jalso revered to as Land Use Applscation Nc._________ I (we) urde'sta-'d rat n executrg this ac<no.v.ecgere-it. I (we) a-n (are) net as'Ked to decia'e app^’cval or c-sapoxva' of the p'oper.y or use but rr.ere'y to cerfrm for me C»ty Cc;-nc'S rat I (we) an (are) aware of the iT.provenent plans and that the preposec ne.gheor's p'ojeot o' use redjires Counc.I arsrcval. 1 ------— Pr^pert^e'Jf:^/Oa^«r / Property Owne'Date 1 (wet >'n ^iwO of ij T-r.*' (print narne(s'JT'(pr.nt address] ' have reviewed the plans for the proposed improvement or proposed use of the property Iccateo at fL\^j also referred to as Land Use Aop. cation No . ! 1 (we) understand that in exec-tir.g th s acknowledgement. 1 (we) am (are) rot askeo to dccla'e app'ova! or disapproval of the property or use but merely to cenf rrr fc' the C ty Ccunol that 1 (we) am (are) aware of the improvement plans and that tne proposed ne ghbor s prc.ect or use requi'es Council approval. Property Owner Ddto ' Properly Owner Date j| If you have any infemaation that may ass st the City in the review of th ? Land Use >1 1 Application, please submit your comments to the Buiidng & Zoning Office at least 13 days | 1 prior to the scheduled meet.ng dale ^ > - • V. 1/ •vj-.-;- ■WHAil- 'W. m^m ~ ,-,;a!l ■.,_») ♦. * mwm ;u vJ ti.lV. ( -V ,v.vv>fi- ■E2?|W ! fSlS'nMf; f.;7. ^^'c^\ I-At'-' &' T mu • .V.A-o^vU-tJ I*, ^iv■^^ ■ few., A, Av'V'‘r •’. .■. ■ • t-'V.'" • . ‘ • -i-. :V-v;.:.-f'i.- . ’^. ♦ .•s^ppppr-*'' •' . IS ., .:■ vi>5.r^y wmm mmi'21 »v^ . v; H '“____r) ■/. . - siesfi «?• > T , / ' V . '. . 1'^ f^v I* 4K->d^'''d ■^. i. r ^ V^V‘ ^.'rf . ••* < ^ 'V rJS?r : .*•; r«;'v>, ■• ■■.« H % mm :' 'X': ^ n “r • ?:^- •• ■'tM w?C ■^ •t v, -*' • hT 4m "t-'''' • Jl) ^ • EXHIBIT L Hennepin County Taxpayer Services Department L iiiP Memorandum Date:August 10,2004 To:Chair Rahn Planning Commissioners From:Janice Gundlach. City Plannerj'-' RE:Application M04-3037, %Va>*zata Country Club The applicanu have applied for a variance to permit an addition to the existing maintenance building located on the north side of the Luce Line Trail, to be located vkithin the 50 ’ required setback. The application was tabled at the July 19, 2004 meeting because a representative was not present to represent the project. TIte required 60-day review period will expire on September 6.2004 therefore action must be taken during the August meeting. There have been no changes to the project since the July PC meeting. The staff report is attached along with the PC action notice. The MnDNR has been notified of the project but has not provided any writien comments. A neighborhood comment is also attached for youi reference. List of Exhibits Exhibit A - PC Action Notice of 7-20-04 Exhibit B - Neighbor Comment Exhibit C - Staff Report Dated 7-9-04 IIP II EXHIBIT A CITY OF ORONO ZONING FILE: 04-3037 2750 Kelley Parkway _ _ ^ P.O. Box 66 NOTICE OF PLANNING COMMISSION ACTION Costal Bay, MN 55323 , . (952)249-4600 DATE OF NOTICE: July 20,2004 TO; Wayzata Country Club COPIES: Attn: Julie Driscoll 430 Old Long Lake Road Wayzata, MN 55391 •n'PE OF APPLICATION;^..........Lucjr.Ul*® y?L'fQ£5L...................-............. DATE OF MEETING: July 19. 2004 Planning Commission recommended as follows: Table The applicant was not present to represent the project. VOTE: 7 FOR 0 AGAINST Applicant's next scheduled meeting is connnried as: Planning Commission - Monday, August 16,2004; meeting starts at 6:00 p.m. If you desire certified copies of the official Planning Commission or Council minutes, they are available from the City Recorder after review and approval by the Planning Commission or Council. If you ha\c questions, please call City Planner Janice Gundlach at 952-249-4623. L Page 1 of 1 EXHIBIT B Janie* Gundlach From: M>He Ooffron Sant: Tuesday. June 29.2004 12 37 PM To: Jan^ Gundlach; Melanie Curts Sul^acl: FW July PC agenda FYI, Sandae has a few thoughts on this application. Michael P GafTion Planning Director Cit>- of Orono P O Box 66 Ciysul Bay. MN SS323 (phone)9S2-249-4600 (fax) 952*2494616 —Original Message — From: Sandra Smith [malltotsmithcom^goldengate.net] Sent: Tuesday, June 29. 2004 10:39 AM To: Mike Gaffroo Subioct: July PC agenda Mike, I see that Wayzata Country Club is asking for a vanance to further encroach on the Luce Line Trad for construction/reconconstructon of a maintenance building I am opposed to any further enaoachments on the trail As you know I am familiar with the Trail in this area This is becoming an increasingly busy trail corridor with a variety of multiple uses. I bebeve we should keep to the DNR setbacks and if this is actually "new' construction. I would like to see the country club meet the 50' setback (I thmk this is consistent with previous decisions regarding setbacks in general, although we don't often deal with Luce Lme Trail setbacks, m particular ) I can't attend the meetir>g (I'm teaching again on Monday evenings), so please share my comments with the PC commissioners Sandee Smith 6/29/2004 EXHIBIT C ■04-3037 July 19.2004 Page I of! Date Application Received: 6-23-04 Date Application Considered as Complete: 7-7-04 60-Da> Revic^v Period Expires: 9-6-04 Chair Rahn and Planning Cominissio:» Men;bers Ron Moorse. City Administrator From: Datft Janice Gundlach, City Plarutcr July 9, 2004 Subject:»04-3037. Wayzata Country Club, 430 Old Long Lake Road • Luce Line Setback Variance - Public Hearing Zoning District: Lot Aren: LotWUlth: RR - IB. One Family Rural residential District (2 acre mimnutm) Total Club .Arc?.; ~165 acres with ->155 acres within Oiono 430 Old Long Lake Road 36 721 acres Appioxinrately 1,000* .along Wayzata Doulcx ard [Appiicaiioit Sunwuiry: Applicant lequcsts the following xannnee to pc:nnt conatruction”] t of an IS* \ 60' addition to :!:e existing maintenance building. ! 1 .Accessciy building setback vari.ance to allow an addition to the cxistiag ma-.nlenancc buildi:tg to be setb.ack 41 ’ when 50* is normally required and 45*’ ' currently exists. 2 Accessoiy building area variance to allow a single building to be larger than 3.000 square feci and to alloxv the total area of all accessory builc.ngs to be greater than 6,000 square feet. Staff Recontmendation: Staff recommends: 1 Denial of the Luce Line setback variance to allow- an accessory building to be constructed within 50* of the Luce Line boundary. .Approval of an accessory building area variance to allow an individual building to exceed 3.000 squ.7ie feet, and for the total area cf accessory buildings to exceed 6,000 squaie feet 2. Pertinent Zoning Ordinance Sections See. 7S-4 1S Conditional uses Within any RR-1B one-faniily rural residential district, no structure or land shall be used for the following uses without a conditional use permit: (4) Golf courses, country clubs, tennis clubs, public swimming pools serving more than one family, scout camps, YMCA camps, YWCA camps, church camps, or private nonprofit parks, playgrounds and other similar uses. The principal structure for any of these uses shall be ICO feet or more from any abutting lot in an R district, and accessory structures shall be a minimum of 50 feet from any lot line. M04-3037 Jul> 19.2004 Pile 2 ofS Sec 78-U34. Area restrictions In all R districts, no accessory building shall exceed 1,000 square feet of footprint area, except that accessory stracnires in excess of 1,000 square feet \wll be allowed under the following conditions (2) Oversized accessory structures are regulated by the following table Lot .Arts (icrrs >j VliMmum I-.dividuil | Accfijor) Siructure | 1 rcotp;int.V« 1 f7et) MxvnLm Allowed To;a! ] 1 :f All AcceiJO') Stru:iure Foerp-if. A.-J3J* on a Pfcjerrv (ssji'e ftti’ 0--! S9 1 'TC'O : : cco :C3-3 0C 1 i.:oo 2 4C0 3Ci"J 50 , l 400 1: so; J 51-4 CO j 1 tco , 1 :oc 4 01-4 50 1 1 SCO nico 4 51-5 CO :oco , 4o:o 1 5 01-6 i: ::o nio3 1 6 01--’00 j 2 400 i 4.SCO 7 01-3 OC |:600 . 5 :oc S O'.-9 00 1 2.S00 5 6CC* ! 9 01 or more i 3.000 ' 6.000 1 List of Exhibits Exhibit A - Applications Exhibit B - Hardship Documentation Form Exhibit r - Applicant's Nanatixes Exhibit D - Survey Exhibit E - Proposed Elevations Exhibit F - Survey from Original Construction Exlv.bit G - Survey Showing Addition at a 50’ Setback Exhibit H - Aerial Photograph Exhibit I - Property Owner’s List Exhibit J - Plat Map Background Wav^zata Country Club applied for a conditional use permit amendraent in March of this year in order to complete an addition and major renovation to the existing club building. That CUP amendmeni was approved in late April as all standards of the Zoning Ordmuuoe were met. The Ground? Department of the Club is now requesting a variance to allow an addition to be constructed to the existing maintenance building that cumently exists on the north side of the Luce Line Trail. A variance was approved in 1988 to allow the existing building to be oversized (over 1,000 square feci). That variance application and the building permit indicated the building would be setback 55 ’ from the Luce Lxe Trail. The survey submined for the proposed addition shows the building at a 45 ’ setback from the Luce Line Trail. Therefore, tlte building was not constructed in its approved location in 1988- 1989 «)4-303? juu i9.:oo4 Pace 3 of 5 LOT ANALYSIS WORSHEET 1 ! RR-IB t Lot Area Lot Width 1 Required S7.i:0st. (2 0 acres')200' 1 ------ ) Actual 7.iS7,400s.f. (155 acres)I -ICOC* Setbacks: Thu Zoning Ordinance requires that aK accessory buildings on conditional use properties meg: a 50' setback front a!l propeny lines_____________________________ RR-IB Wesiein Lot Line Luce Line Trail Required 50‘ Existing Proposed 135* 45 ’ NOCHANGE 41* Structural Coverage Th:s property is not subject to structural co.erage requirements per Section 78-14C3 as the property is in excess of 1.99 acres. Hardcover Calculations Tins property is also not subject to hardcover requirements »iS it is not located within the Shorcland Overlay District Luce Line Setback Variance The appheant has proposed an addition to the eastern side of the existing nuir.tcr.arce building that is located just north cf the Luce Line Trail The existing bu.ldmg is setback 45 feet when 50 feet is required by Ordinance The applicants have proposed an 18 ‘ \ 60’ addition which will be setback 41 feet from the Luce Line Tiail boundary. The additional 4 foot encroachment on the 50 foot required setback requires variance approval Tlie club also has an existing maintenance building on the south side of the Luce Line Trail and maintains a 0’ setback from the boundary It should be notc^ that if this weic a rcsidcr.tially used property the only setback restrictions in place arc the standard accessory building setbacks, which could mean an accessoiy building under 750 square feet could be sctb.iuk 10* from the Luce Line Trail boundary. The 50’ setback requirement only takes effect because of the conditional use status of the Club. Accessory ’ Building Area Variance Section 7S-1434 (2) limits the area of any individual accessory building as vveh -s the total area allowed lor accessory buildings This section of the code was adopted in l?te 19S9, just after construction of the existing building. The existing building at 40’ x 60' ..a ■04-3037 July 19.2004 Page 4 ofS (2.4C0 s f) received a variance to area, as prior to adoption of the current code any building in excess of I,COO s f required a vanance Becau ; the 18.5* x 60 ’ (1,110 s f) addiuon puts the entire building ever the 3,000 s f. requirement for an individual building, a variance is required. Also, a variance to the total amount of a:cesscr>' buildings is required as the existing buildings, with the proposed addition, exceed the 6.000 s f requirement of the chart in Section 78-143 J (2) DNR Setback Requirements The Luce Line Trail piopcity is owned and operated by the DNR Tr.e DNR docs not have any formal setback requiiements The DNR was notified of this request and no comments liave been received to date. Should the DNR comment pnor to the meeting, those comments svill be distributed. Hardship Statement Applicant has provided a Hardship Documentation Form in Exhibit B. a narrative in E.\iubit C. and should be asked for additional testimony regarding the application Hardship Analysis /ii co/uidering appUcatiom for %tsnjnce. the Plaitning Comniniion ihatl comiJer the ejfect ojthe propoied variance upon the health, ta/et)- and net/are of the coninninity. e.xisting and anticipated traffte eonditiont, light and ..»>, danger of fire, ri§k to the public safety, and the effect on values of property in the surrounding area. The Planning Coinmission shall consider reeoniinending approval for variances from the literal prouiions of the Zoning Code in instances uhere their strict enforcement HOiild cause undue hardship hecause of circtimst,ini ;s unique to the individual properly under ct'nsideraiion, and shall recoinineiid approval only h hen it is deinonstraied that such actions will be in * eeping h Ith the spirit and intent of the Orono Zoning Code. Staff finds no hardship exists to support approval of the Luce Line setback variance. The location of the addition could be modified to meet the 50* setback, regardless of where overhead doors exist as those can be relocated (see Exhibit G) Staff finds that a hardship does exist to warrant approval of ^he accessory building area variances. The total pioperty aica is in excess of 150 acres where the table m Section 78- 1434 (2) only accounts for properties up to 9 00 acres, wheie any property above 9.00 acres IS subject to the same requirement. This is not to say that the table should be extrapolated at the same area increments up to 150 acres and that is the area requirement the club should be subject to, but rather the property could support accessory buildings in excess of 6.000 square feet Issues for Consideration 1. Docs the additional 4 ’ encroachment, for a total of 9’ encroachment on the 50 ’ setback cause any negative impacts to the Luce Line Trail? 2. Is the hardship proposed convincing enough to grant the variances? 3. Would a separate building meeting the 50 ’ required setbacks have fewer negative visual impacts? 4. Arc there any other issues or concerns with this application? •04-3037 July 19, 2004 rates of5 Staff Recommendation Denial of the Luce Line setback variance to allow an accessory buildir.3 to be constructed \N i!hin 50 ’ of the Luce Line boundary. Approval of an accessory budding ar^a variance to allow an individual building to exceed 3,000 square feet and for the total amount of accessory buildings to exceed 6,000 square feet. EXHIBIT A City of Orono Variance Application S.’rpBf Atfr/VJS 2753 K# tty Pa*-cw3> Orcno. VN 55353 Va^n: 95:-249-45CJ rax. 9S2'249-4613 f.*aifinQ Acdrtss P O eox 66 CrysU* day, MN 5£323>:063 Appi.cator 8 Tate i^arttvea . ArcuntPad itrCti'C Staff: __________ Foe 5600______________ Rarewal 8330 After-tfe-'ad 8- 233 Cajge Fee Trvs appiicavon (.rm r-.ust be camptf-cd m Lr,. Appi;=ar.t w.'X bo rei.faa 15 days as to tne status c* V'b appbcaticT Incomplete applications will not be placed on Planning Commission Agendas. PROPERTY INFORMATION: Site Address: fJd. Lgvi a, LoJc^ P.'operty Idcntfication Number (PiriOt i iY Z ^i'o3 hA ^viK (ARach legal descrip ’uon to aopiication i( not included on me survey ) Dale Property Acquired (morth/year); □ Yes. I cwn ms adjacent parects. Present use ot property □ Res'denllai S Om.er Ci' }\t CCT«.v*5 -C_________Present use of pro perty Zenmg District: jfS^-V. |g.id -|i^ APPLICANT INFORMATION: tCcmplcte legal namea and marita: status reQu'rcd for eacn irtcrcstes party) Name WA\l'OrH-4t*- Ci/VviAi^u\E1Phene (horreV 41 Address' 2.(Tp P^\i/A._____ Emal; ✓i- •>ju. A-t ^ loA'r Phone (work): 412,- City: ~h/j _______Zip Fax. (jrA\ OWNER INFORMATION: (Comptoto legal names and rrar^ai status req. redfor earn interested paly) Name: __________________________________ Phone (homeJT 4^7 • 415fi^6f5 Phone (work); !» Address; U>^-P \*Jh<>tTLn^ ?)\jA__________ Email: OViTM-^Ls r-fi-Jr I*- City: i; _______ Zip Fax; 4^ 1.' DESCRIPTION OF REQUEST. Estimated Project Cost; %P'b_ Describe the request m detail (attach 3dd;toral sheets if necessary): _________________________ r' A -. . •____________________ .A-: 6'"'': •;'% fc“: r\7 iV' ^ i ItM U9/I80 d m*i itm»zzs!4 C«»9 dO A413-«ii «!S:t3 »CCZ-ZZ*a"i L Page 2 of3 ‘Undue ha^ship also Includes, but Is not lim'ted to, Inadequate access to direct sunlight for solar energy systerrs. Vanances shall be granted for earth sreltered construction as defined In Minnesota Statutes, Section 11SJ.03. Sutd. 2. when m hamnony with this Chapter * 6. The Board of Appeals and Ad,‘ustmenls or the Council may not Demut as a variance any use that is not permitted under this Chapter for property in the zone where the affected person's land is located' 7. The Board or CouncU may perm4 as a variance the temporary use o( a one>(amily dwelling as e two-famity dwelling.* 8. The special conditions applying to the structure or land in Questicn are peculiar to such property or immediately adjoining proporty.' 9 The conditions do rot apply generally to other land or structures »n tne district In which said land is located.* 10. *The granting of Lha acpScation is necessary for the preservation and enjoyment of a substantial property right of the applicant.* 11. The granting of the proposed variance will not in any way impai* health, safety, comfort, morals, or in any other respect ba contrary to the ir^nt of the Zoning Code* f lll-i lll/IOS i IIM itim»si«OKtN iO MaS'lS S09l-U-Mf Page 3 of3 'The grar.ling of toch variance will not merely serve os a convenience to lha 8pp'<cant. but is necessary to alleviate demonst'aCie na'dship or Ciffcvuty.* Hardship Statement Should you feel the hardship cannot fully be desenbed in the above cr.leria. describe the unique hardship, practical difficulty or unusual property conditions preventing compliance with Zoning Ordinance requirements in the following Inos (ahach add.tional sheets if necessary); iit-i iia/010 ‘4 ti»-i OSOW 19 Ulb-aois MOO^tS **<>**■» EXHIBIT C VVAYZATA COUNTRY CLUB HJai}2ata 200 WMt Wayzau Bouteva-d • Post Office 8o» 151 wayzata Minnesota 55391 Pno-e 952 473 69‘5 • Fax 952.404.2532 tWt k To \^nom It May Concern; I am NYTUing to you on behalf of the Wayzata Country Club Grounds Department We recently had plans and a survey map submined to you as to the addition we would hke to proceed w ith. The addition is to o’ur existing maintenance facility located just north of the Lice Line Trail. This building has been here for 20+ years and is storage for a large amount of our maintenance equipment. With our ever-growing fleet of machinery, we are forced to temporarily store these items outside until a solution is agreed upon. There are questions on your part as to why we can only build off the south side a.,d so close to the Luce Line. The West & South sides of the building arc equipped with cverhead doors that meet the height that is needed for some of our larger equipment. The North side of the building is within 8’ of our inbounds golf course and there is no way to e.xtead the building. The East side of the building is the only feasible side for the addition, as well we would not be occupying any more space than our temporary storage already occupies. Also, over the past 2 summers we have been victims of senous vandalism and feel that the equipment without proper storage is subject as a target. We arc also very conscious of the Luce Line patrons and strive to keep our facility aesthetically pleasing Therefore, we would like to eliminate as much outdoor clutter as possible. If you have any other questions or concerns, please do not hesitate to contact m.e at 952-473-6955. Respectfully Submitted. iu Julie Driscoll Wayzata Country Club Grounds Department Administrative Assistant '1^ (i \O L LESTLR BUILOINGS :.«• •• %4> t.- j- Mil .Scwt^l Aw^m« U»«<t P»«» « <S.1.<U Tc» J:o ><5 J53I WiyMij Country Club 200 West Wayzati Blvd. Wayiati. Mn. 53391 April 19. 200-* UK,tTtZi^ ’ *" "'’ "'■■■" • 4- concrete floor with mesh in kan to addition ‘ Ju'zr""■'^ '■=«' >“« •» u---.. .v.rt».d d«,«.. building. ""’y' ‘“>P» «’ Utree overhead doors in maimen«,ce Ub.,.d.,„..,.ux .=n«.. ,f„,.rcte Engineered drawings for L2L22I drtns d«pos.l. „p.,„ .......... “ *Sn K''V*'-*<y Submined. , , Lani Oriseoll ter Buildings. Inc/'*&Wer Building L, J cd •i r L A.* 0* ;t- U C F_ -<>~-------------------------- V • IS 1^ j ^ •*-i **.* • •. BD9 H OEIu A' s H O ■? f** *■ ** ‘ ^/rT>* •: iPj. ips'i? ■fm<i> Is : ' - . V. .* ■ : ;• “v .•r V •f ?if . ■-; i fX- r^\y :! '.1 ■| ' ^ ■? ■ I *.•» r * < \\ y •Vv ^ *. ;,V!. • ■■ • . «■ ;■;■ '■ ‘ .7-. existing country ;V ' /CLUB MAINTENANCE'}^ ^iBi^LDiNG •;• X EDGE OF ,. 'LUCEtINE TRAIL w •L* "-r ■B WILLIAM D LARSCN P BOX 20037 OMINGTON MN 53420 ROBERT F MADDQCKS 450 0-D long lake RD WAVZATA MN 5539! H NORMAN NAFSTAO 12159 ST ANDREWS ST RANCHO MIRAGE CA 92270 PEDER S LINDA ENGEBRETSON 470 OLD LONG LAKE RD WAYZATA MN 55391 MICHAEL L LEJEUNE 460 OLD LONG LAKE RO WAYZATA MN 55391 LAWRENCE F & BARBARA WIKEN 490 OLD LONG LAKE RO WAVZATA MN 55391 WILLIAM S BLOOMER III GERALDINE A BLOOMER 220 WAKEFIELD RD WAYZATA MN 55391 WILLIAM & ELEANOR FERRIL 240 WAKEFIELD ROAD WAYZATA MN 55391 PAUL BASZUCKI 250 WAKEFIELD RO WAYZATA MN 55391 jMAS 3/KATHERINE S BATINA 280 WAKEFIELD RD WAYZATA MN 55391 : P BOTOS & C I BOTCS 320 WAKEFIELD RD WAYZATA MN 55391 C WAYNE I ANGIE A LENEAVE 360 WAKEFIELD RD WAYZATA MN 55391 WILLIAM HENDERSON ROSLYN L HENDERSON 430 VMKEFIELD RD WAYZATA MN 55391 KENDRICK 3 MELROSE 2626 CROSBY RD W AYZATA MN 55391 OALE A SPENCER 503 FERNDALE RO N WAYZATA MN 55391 EDWARD j & NANCY K BIERMAN 505 FERNDALE RD N WAYZAFA MN 55391 DAVID W & KEIKO M THURSTON 509 FERNDALE RD N WAYZATA MN 55391 PATRICK & LEAH MOYNE'JR 131 CHEVY CHASE OR WAYZATA MN 55391 DAVID M & JEAN E SAHLSTROM 129 CHEVY CHASE DR WAYZATA MN S5391 EXHIBIT I JEFFREY i ELIZABETH JACOBSEN 127 CHE'.'Y CHASE DR S VMYZA'A MN 55391 MARK CAPECE & BARBARA CAPECE 511 FERNDALE RD N WAYZATA MN 55391 K A STRICKER & R J GRI=FIN 125 CrE'/Y CHASE DR WAYZATA MN 55391 R E STRAUMAN 6 K E STRAJMAN 123 CHEVY CHASE DR WAYZATA MN 55391 LOUIS B CBERHAUSER JR 121 CHEVY CHASE DR WAYZATA MN 55391 THOMAS FORSTER 119 CHEVY CHASE DR WAYLATA MN 55391 ALAN J & CAPOL K ART‘ UR 117 CHEVY CHASE CR WAYZATA MN 55391 AMY SCHUETT 115 CHEVY CHASE DR WAYZATA MN 55391 JONATHAN 6i MARTHA JAMSA 113 CHEVY CHASE DR WAYZATA MN 55391 THOMAS L CURRY 111 CHEVY CHASE DR WAYZATA MN 55391 i File ■ C4-30X1 A^3uf.9 2C04 Page i d4 Pate Applicaiioii Received: 07.21-04 Pale Appikalioa Coaddered ai Cempicle: 0t4)2-04 60-Day Review PeHod F.iplrrs: 10-02dM From: Date: Subject: Chair Ralin and Planmng Commission Members Ron Moorsc, Cuy Administrator Melanie Curtis, City Planner j|/(i August 9. 2004 tf04-3041, Rebecca Hol/cm, 3407 Eastlakc Street, Variance Public hearing Zoning District: LR-1 A. One Family Lakeshore Residential 2-Acrc 200* Lot Area: 4.180 s f. or 0 096 Acre (nonh of the creek) Lot Width: 44* Application Summary: In order to build a new S64 s.f. single family residence on the | above property the applicant is requesting the following: j 1 . Lot area and lot width variances for a lot 4,180 s.f in area and 44' in width where i 2 acres and 200* of w ith arc nonnally required. i 2. A creek setback of 37* where 75 ’ is required and 15* (detached garage) currently ! exists; and j 3. A rear street setback of 1 8.8* where 50 ’ is required and 1 8.8* currently exists, and 4. Side setback variances for side setbacks of 10* where 30 ’ is normally required and | where S’ (house) and 1 4' (d 'tached garage) currently exist; and t I 5. A hardcover variance within the 0-75 ’ setback zone to allow 21.8% or 720 s.f 1 ! where 0®b IS nonnally allowed; and i ! 6. A hardcover vanance within 75* - 250 ’ setback zone to allow 43.0?# or 378 s.f. j_____where 25% is normally allowed.______________________________________I I Staff Recommendation: Plamiing Department Staff recommetids approv al of the lot I w idth and lot area variances as requested, as w cil as the setback and hardcover variances. I Hardship Sntoll lot Size ami proximity to the OH\VL___________________________ Pertinent Zoning Ordinance Sections Sec. 78-305. Area, height, lot w idth and yaM requirements, 1 Lot Area (acre) 1 Lot Width (feet) j Fiunt Vatd t (feeO 1 Side Yard ' (feet) Side Yaid Adjacent to Street (feet) 1 Rear Yoid 1 (feet) I 2 .200 I 50 I30 1 50 1 50 i Sec. 78-1288. Hard covxr Irmrutrons. (a) No h,ard cover 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 riLE»C4.30«1 August 9 20C4 P«gs2ot4 and lockboxes as regulated elsewhere in this Code. (b) Betu-ecn 75 feet and 250 feet of the OH^^X. there shall be no greater than 25 percent hard cover. Between 250 feet and 500 feet of the OHWL there shall be no greater than 30 percent hardcover. Between 500 feet and 1,000 feet of the OHWL there shall be no greater than 35 percent hardcom. Sec. 78*1403. Lot coverage In all zoning districts, for all lots of 0*1.99 acres in toul area, the toul combined footpnnt areas of all principal and accessory structures shall not exceed 15 percent of the lot area. Exception: Regardless of lot area, every developed lot shall be allowed at least 1.500 square feet of lot coverage by principal residence and garage structures. List of Exhibiu A. Application B. Hardship Documentation Form C. Existing & Proposed Survey/Site Plan D. Proposed Plans and Elevations E. Submitted Hardcover Calculations & Staff Analysis F. Photos G. Resolution No. 4846 (5415 Eastlakc Street) H. Property Owners List I. Plat Map Background Rebecca Holzcm is the property owner of 3407 Eastlake Street. The propeity is located within the LR-IA Zoning District. The property owner would like to construct a •'-•w single family residence however, due to the small lot and zoning standards it is not possible to rebuild on the property without requiring a number of variances. LOT ANALYSIS WORSHEET Lot AreaAVidth: LR-IA 1 Lot Area , Lot Width Required 87.120 s f. (2 acre)1 200’ 1 Actual 4.180 s f. (0.096 acre)1 44* Setbacks: 1 LR-IA { Required ! Existing 1 Proposed * Lake 1 75- 15’1 37* 1 Rear Ho^ Tut 1 18 8* i 1 East Side 30* 8*Tio^":------------1 . West Side 30’ t 15 5-1 10* n„E • C4 3041 Ajfiust 9 2X4 p«e«4or« Hardcover Variance As over 73% of the property is located within the 75’ setback from the creek, so is most of the hardcover. The hardcover level existing on the property within the 0-75' setback zone is 50.5% or 1.665 s.f. The applicant has proposed a sigmficant reduction to 21 S% or 720 s.f.. With the reduction within the 0*75’ setback, the applicant has proposed a slight increase within the 75’-250’ setback zone from 37.6% hardcover to 43*•. a difference of 47 s f. Hardship Statement Applicant has completed the Hardship Documentation Form attached as Exliibi! B. and should be asked for additional testimony regarding the application. Floodplain Status This property, along with most other lots on Eastlake Street, are within a “sheet How” flood zone (area between 100 year and 500 year flood) due to topography and pioximity to the creek, and w ill be required to meet the appropriate flood proofing measures. Hardship Analysts In cansidertng applications far variance, the Pianning Commiision shait consider the effect of the proposed xariance upon the health, safety and welfare of the cammunity, existing and anticipated traffic eandMons, light and air, danger offtre, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approial for sariances fiam the literal provisions of the Zoning Code in inuances where their stria enforcement would cause undue hardship because of circumstances unique to the Individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Staff finds that due to the overlapping setbacks, the size of the lot and the proximity to the creek there are hardships to justify granting some degree of variances for this property. Issues for Consideration 1. Docs the Planning Commission feel that the property is similar enoug.*' to the property at 3451 Eastlake St to be held to similar standards? i.e. 50' creek setback, etc? How would this impact the proposed house size or location? 2. Are there any other issues or concerns with this application? Staff Rccommendatioo If the Planning Commission feels there are sufficient hardships to Justify granting the van«iices as presented, then a recommendation for approval may be appropriate. If Planning Commission wishes to maintain a 50 ’ setback from the creek, some additional encroachment of the street yard coupled with house size reduction may be appropriate. r City of Orono A| Variance Application street AdtJress 2753 Kei’ey Pa*Vway Cro-o. MN 55356 Appticat on # I Ma-n 952*249-s600 fax 952-249-4S ‘:5 f/ai'irg Address PO Boxes Crystal Bay, MN 5532:-;3€3 Date Rece ved Amcjrt Pa a Slaf Fee 5633 Renewal • C>*! LAt. (/• w 5333 A*ter-fe-*ac: S* 230 OooD'e Fee Th»s apDiicat:on fcriT must be coTipieted m full App cant will be nct.fied within 15 cays as to re stat-s cf re application Incomplete applications will not be placed on Planning Commission Agendas. PROPERTY INFORMATION: Site Address. 3^07 Ease Lake Street. Orono, MN Property Identification Number (PIN) 55356 . ___,__________ _ , , 05-117-23 13 C035_________________________ (Attach legal descript.on to application if not inc'-ded cn the survey ) Date Property Acqu red (month/year): 07/1996 □ Yes. I own the adjacent parcels. Present use of property: IS Residential □ Other ____________________________ Zoning District.LRIA APPLICANT INFORMATION: (Complete legai re-es ana ma'itai status resu red for eacn mto'ested pany) Phone (home) 612.801. luo Phone (work):952.936.5042 Address 3407 East Lake Street, Orono, MN 55356 Email. rebecca .holt cn?oet ter nsrouD .coa Fax 952.936.5050 OWNER INFORMATION: (Complete legai ran-es e*3 na-tai stat-s required for each rte'estea party; Name Rebecca Lyr.n Kolzer. Phone (home): 6l2.80i.lU0 Phone (work)952.936.5C42 Address 3407 East Lake Street. Orono. MN 55356 Email' rebecca.ho!rcr.?petter*Rroup. coa Fax 952.936.5050 DESCRIPTION OF REQUEST: Est rmated Prefect Cost Describe the request in detail (attach additional sheets if necessary). _____________ SEE ATTACHED - EXHIBIT A_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ S UOjOOO.OO L 4-1ft ^ ^ REQUIRED SUBMITTALS: All of the following information must be subm.tted by the application deadline date in order for your application to be processed. If. 't.'S' f <g Pre-Appl-cat’on Meeting Form, completed by a City Planner. Completed Application Form Completed Hardship Documentation Form Certified Property Owners List - owners within 150’ of the subject properly, labe s and plat map List, labels and map may be obtained from Hennepin County Department of Finance Government Center. A-603 300 South e ’"* Street. Minneapolis, telephone 612-348-5910 Original Certificate of Survey (signed by a licensed surveyor), meeting all the requirements listed within this packet, including hardcover calculations. Also provide ore copy 8 5' x It" or irx 17 ‘ for reproduction Completed hardcover calculation w'orksheets (as provided within the variance packet} Topographic survey - including existing and proposed elevations Provide one copy 8.5’’ x 11" or 11" X 17" for reproduction. Sketches or plans of floor and elevation views (provide one copy 8.5’ x 11" or 11 x 17") Additional items may be requested by City Staff depending on the scope of the project. * APPLICANTS ACKNOWLEDGEMENT: The applicant hereby agrees to provide all information required or requested by the Planning Department, agrees to pay add.tional fees (staff time not covered in the original fee payment) and/or consultant expenses incurred in review of this application and certifies that the inform.ation supplied s true and correct to the best of his/her knowledge The applicant recognizes that hc/sho is solely responsible for submitting a complete application being aware that upon failure to do so. the staff has no alternative but to reject it until it is complete or to recommend the request for denial of the request regardless of its potential merit. Applicant's Signature Applicant’s Signature: - (J u:;: :,x <4:1-"I,-:... Date: ______________________/ 'N________Date 1 OWNER’S ACKNOWLEDGEMENT: The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City Staff, consultants, agents. Commission & Council Members for purposes of investigation and verification of this request. Ovm.er's Signature Ovmer ’s Signature. -LitcCiV.' A \ C Date Date C- t / O » ^ Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting Planning Commission Meetings are normally 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 representative attend in place of the applicant and advise the City Planner assigned to your project. O A A 1JL Exhibit DESCRIPTION OF REQUEST: Existing structures - including 563 sq. ft. cabin and small detached garage that is 10.3* b> 18.4* in size will be demolished and remoxed from site thereby signifraiitlx decicasinc existing groundcover. Existing Drivewax xvill also be removed. One nexv structure that xvill be 24* x 36* in dimension at 2 '/j stories tall will he built on the property to replace former structures. Nexv structure will be centered on property xviih 10* set-backs on cad. >.de and approximate 50* set-back from creek in the back yard. Nexv structure xxill have a driveway 13* long and approximately 20* vvidc. New structuie xvill consist of the folloxxing - see attached drawings 1“ Story: I '/: car Tandem Style Garage Small Entrance Area with Closet Small Sitling'Craft Room Small Room that xvill contain all mechanical equipment (CUeineol Box. Furnace. Water Heater, Water Softener anJ Weil Tank) Staircase to 2"** level (conuMmg o/itorage area benenth) 2"^ Story; > Kitchen with adjacent Pantry arwl Center Island > Dining Area > Vx Bath with Laundry Facilities ^ Lix ing Room ^ Staircase to 3'^ / '/i Story level •/j Story: V Master Bedroom > Full Bath > Guest Bedroom > Staircase to 2"“ level M. OI.141 HARDSHIP DOCUMENTATION FORM Page I of 3 j This form is a required submittal for ALL variance applications. An appiical sn w'il not be considered complete or placed on any rreetrg agendas unti! this fo'n ,s complete and submitted to the City Minnesota State Statue Sect on 334 27. Sucd vis on ~ requires that a hardshp oe demonstrated in order for a variance to be granted The hardship must be un que to the property as variances run with the land and not the land cw.ner. Personal and eccncm,c situations are not considered va^id hardshias. In order for an app’ication to be hea^d by the Planning Commission and City Council a ha-cship having merit m.ust be demonstrated HOW DO I PROVE A HARDSHIP? This form has 12 points outlining the basts C'ty staff uses to determine if a hardshp exists and how the variance will affect the surround.ng cemmunity. To prove a hardship, address all the relevant pomts listed belov/ and answer them as e’eariy as possib'e Since you are request ng the code exception, you have the burden of proving that the variance is justified. Tne information the City rece ves s what s used m determi"in3 a denial or approval recommendation If you leave scmethiig cut it wiii not be conside'ed Please address each of these hardship criteria as they relate to the request (some nay not apply): 1. ‘The property in question canno* .:c um to a ‘■“’scnabie use if used under conditions allowed by the official contrcls " Alr.osc 75% of the property currently lies vlthtn the 0-75* setback area. "The plight of the landowner is due to circumstances unique to h;s propehy not created by the landowner ” Prapertv was purchased bv landcvncr In 1996 as it exists at present day - no changes have been nade since date of purchase to structure size or location. Therefore landowner did not create unique clrcu:nscanccs that exist with property. "The variance, if granted will not a'ter the essentia’ characte: of the loca'.ty," The essential character of the locality will not be altered If the variance lb granted. The essential character will in fact be enhan ced due to the removal of current p.round cover that exists on the proper ty. “Economic considerations alone shall not .onstitute an undue hardship if reasonable use for the property exists under the le.-ms of the Zoning Chapter." Econonic considerations are not a factor pertaining to the variante request._____________________ fr <• &*1J 11. Page 2 of3 "Undue hardship also includes, but is not l.mited to, inadequate access to c -e-t harmony v;ith this Chapter ^ ‘ Not Applicable where the a^eciec persons lard is located * h / ezo..e Not Applicable ^ as a variance the temco'a^ use of aone-family dwelling as a hvo-famtiy dwelling • ' ° ® Nof Anr^lirnSI® on the street are 50* to 56• wide. - - - - - - -^- ---■ ■—i^£i3_i£.ts proper,wall „ to .„l„.n... ;ISl;^fprope^Tr ”hrcr;He"a^ _Ejc..i_3tinR structure l^nfested with tentltes and wlt>. ... Ri?Tr.i3vlr*e .'in«4 v>Ar»1 __"" * , .--------------------- -------------WWUC roc Z7 ------------and_^lacln;^ cxl.stlr.p structure wM 1 or.lv enhanr-.^ f.. EIlMIiaiiO'LjnL.nJoyn.nt of . suba^ntlgl proP..,v rUh^of’t. ............. I --------------------------------------------------------------------------— • ■«-------------------——■ 'l^Z cropcsed variance will not in ary way i.mpalr health safe'v com^o't, rrora.s, or in any other respect be contra^ to the intent of the Zo-!r^g Health, safety, coafort. =oraIs, etc. vlU not be affact^J tc any .citizen wlthjn zoning area bv gra nting proposed variar.ci.. . V. .•‘■z'* « :• 11 jl‘ J1 REBECCA HOLZEM IN LOT 1, BLOCK 8, BAYSIDE ADDITION TO LAKE M HENNEPIN COUNTY. MINNESOTA s EAST LAKE STREET « 1^=20 LEGAL DESCRIPTION OF PREMISES ec.a. CERTIFICATE OF SURVEY FOR REBECCA HOLZEM IN LOT 1, BLOCK 8, BAYSIDE ADDITION TO LAKE MIN^ HENNEPIN COUNTY. MINNESOTA -.fI"; W s EAST LAKE STREET ^ EAST 44.00 &X-P/ ~wm &;i □ □£: (; ^ . t. r « f #8041 ^ ^ . i: • 1 . ■ 3 ( 'i f t Exhibit C HARD COVER CALCULATIONS EXISTING Lot Total Square Footage 0 • 75'Square rootage 75* - 250‘ Square Footage House 0 - 75’ House 75* - 250’ Garage Patio Driveway 0 - 75* Driveway 75‘ - 250* TOTAL Cover 0 - 75* Percerttage of Cover 0 - 75* Cover 75* - 250* Percentage r» Cover 75* • 250* PROPOSED 4.468 Lot Total Squanr 1 oolage 3.423 0.75' Square Footage i!065 75* - 250* Square Footage 748 Mouse 0 • 75* 29 House 75’ • 250' 188 Garage 103 Pabo 626 Dnvewa/ 0 - 75' 302 Driveway 75* • 250* 1.996 TOTAL 1.666 Cover 0 • 75* 88 6%Percentage ol Covtr 0 • 75* 332 Cove' 75* • 250- 31 0%Percentage of Cover 75* ■ 250* 4.4fl8 3.423 1.06b 720 144 0 0 0 234 ”5 1098 720 21 0% 378 35 b% •' V* • l: exiSTiNq Lot Total Square Foolage 0 - 75* Square Footage 75* - 250* Square Footage House 0 - 75' House 75' - 250’ Garage Patio Driveway 0 - 75‘ Driveway 75' • 25ff TOTAL Cover 0 • 75’ Percentage of Cover C - 75* Exhibit C HARD COVER CALCULATIONS PROPOSED Lot Total Square Foolago 0 - 75‘ Square Footage 75’ • 250’ Square Footage House 0 - 75’ House 75’ ■ 250' Garage Patio Driveway 0 • 75’ Driveway 75’ • 250’ 1.996 TOTAL 1.666 88 6% Cover 0 • 75’ Percentage of Cover 0 - 75’ Cover 75’ - 250" Percentage c* Cover 75’ - 250’ 332 310% Cover 75 ’-250 ’ Percentage of Cover 75’ - 250’ / •- '• 1 098 720 21 0% 378 35 5% • .; L’-vvVr ■i-Mr*‘Ffmms.im 9mm ^'^'1 M w' • '• ■ wm 7^^ •■ !=J .■ .-•■• > ** ■ .r?t • :*.«v • ■■ I, s.*- ^ .1 ^xld ■ aT'*' X ■ J T ^ ... yr 'J- i.-* Itef’ r r ex-6i CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 8 4 fl A RESOLITION GRANTING VARI.VNCES TO MUNICIPAL ZONING CODE SECTION 10.23, SUBDIVISION 6(B), SECTION 10.55, SUBDIVISION 8, SECTION 10.22, SUBDIVISION 1 & 2; ,VND SECTION 10.56, SUBDIVISION 16 (L)(l & 2). HLE NO. <?02-2S05 WHEREAS, Carson Erickson and Frxiklin Fox, (hereinafter "the applica.n:s”) are the ow-ers of the property located at 341S Eastlake Street within ike City of Orono (hereinafter **±0 Cil>*“) and legally described as follows: I he west 50 feel of the East ICO feet of Lot 2, Block S, Ba\sidc Addition to L.ikc Minnetonka, also the West 50 feet of the cast 150 feet of Lot 2. Block S, Da>sido Addition to Lake Minnetonka, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicants have applied to the Cit>' for variances to Municipal Zoning Code Section 10.23, Subdivision 6 (B), Section 10.55, Subdivision S, Section 1072, Subdivision I and 2, and Section 10.56, Subdivision 16 (L)(l and 2) to permit new residential single family construction on a lot that is 100 feet wide where 200 feel is required, on a lot that the area is .23 acre where 2 acres is required, a front yard setback to be 13’ where 50’ is required, a lakeside sctbac’K of50’ where 75’ is required, a side yard setback to be 28 29 feet where 30’ is required, 919 s f. of structure within 75’ of OHV\*L where 0 s.f is allowed, 1,219 s f. (16 25*/o) hardcover in 0-75’ sctbac’< zone where none ;s allowed, 760 5 s.f. (30 5‘5'o) hardcover :n 75-250’ setback zone where 621.75 S f. (25%) is allowed. Munncsoia: 1. 2. NOW, THEREFORE, BE IT RESOLV ED by the City Council of Orono, nNDlNGS This application was reviewed as Zoning File #f02-2S05. The property is located in the LR-l.<\ Zoning District, where 2 acres is the rr umum Page 1 of 6 CITYof ORONO RESOLUTION OF THE CITY COUNOL NO. 4 8 4 8 3. required lot area. Tr.e proper.) consists of appro.ximatcly .23 acres or 10,200 s.f. (9.937 s f. absent the area below the 929.4’). The Orono Planning Commissior reviewed this application on July 15, 2002 at which time the Planning Commission tabled it for revisions The applicants revised the application which revisions were reviewed by the Planning Commission on July 17.2002, at which time Planning Commission recommended approval of the reused proposal on a vote of 7 to 0. The Planning Commission r.tadc the following findings of fact: A. The property' has been developed w ith a residential use since at least 195S. Appro.ximately 75% of t'nc prepeny lies within the 0-75 ’ setback zone, and a residence cannot be constructed on the property without encroaching substantially into the 0-75 ’ zone There is no additional land to combine with the property. The properties surrounding this lot are also undersized, arc rcsidc:t;ially developed, and do not meet the required area m the zoning district. The residence meets City ordin mcc standards for structural lot co\ erage. The residence has been located to provide an acceptable street setback w'nilc initiitnizing dr.vcway hardcover. E F. The property can not be redeveloped unless variances are granted The lot is provided w rdi and has been fully assessed for sanitary sewer. Tlic City Council f.r.ds tliat the conditions existing on this property are peculiar to it and do not apply generally to other propcr.y in this zoning distnet. that granting the \anancc will not ad%ersely aFect traffic conditions, light, air, no: pose a firc hazard or other danger to neighboring property, would not merely serv e as a convenience to the applicants, but is nccessa.'y to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; Page 2 of 6 CITY of OROXO RESOLUTION OF THE CITY COUNCIL fy;0. ____4 8 4 fi and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City Staff, comments by the applicants and the effect of the proposed variance on the health, safety and welfare of the coiturvmity. CONCLUSIONS, ORDER, AND CONDI HONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.23, Subdivision 6 (B), Section 10.55, Subdivision 8, Scclic •' U.22, Subdivision I and 2. and Section 10.56, Subdivision 16 (L) (I and 2) to permit new- residential single family constaicticn on a lot that is 100 feet wide where 200 feet is required, on a lot that the area is .23 acre where 2 acres is required, a front yard setback to be 13* where 50 ’ is required, and a lake setback of 50* where 75* is required, a side yard setback to be 23 feet 2 14 inches where 30* is required. 919 s f. of structure within 75* of OKWL where 0 s.f. is allow ed, 1,219 s f. (16.25®/#) hardcover in 0-75 ’ setback zone where none is allowed. 760 5 s.f. (30.5%) hardcover in 75-250* setback zone where 621.75 s.f. (25®/o) is allowed Approval is su’oject to the following conditions: 1. Council approval is based on the site plan submitted by the applicant attached to this resolution as Exhibit A Any amendments to the site plan may require further Plarming Commission and City Council review. 2. Aulhont:cs granted by this vanance run w ith the property not w ith the applicants, but are permissive only and must be exercised by application for abuilding permit wiihin one year of the date of Council approval, or these variances w ill expire on that date (August 12. 2C03). 3. 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 temunate any authority granted herein, and shall be punishable as a misdemeanor. Page 3 of 6 CITY of ORONO RESOLUTION OF THE CITY COUNCIL fy;0. ____4 8 4 fi and would be in keeping wi:h ihe spirit and intent of the Zoning Code and Comprehensive Plan of Lhe City. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City Staff, comments by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER, AND CONDITIONS Based upon one or moic of the above findings, the Oror.o City Council hereby giants variances to Municipal Zoning Code Section 10.23, Subdivision 6 (B), Section 10.55, Subdivision 8, Section 10 22, Subdivision 1 and 2. and Section 10.56, Subdivision 16 (L) (I and 2) to permit new •• 4idential single farr.ily corisimction on a lot that is 100 feet wide where 200 feet is required, on a lot that the area is .23 acre where 2 acres is required, a front yard setback to be 13 ’ where 50’ is required, and a lake setback of 50’ w here 75’ is required, a side yard setback to be 23 feet 2 '/j inches where 30 ’ is required, 919 s f of structure within 75' of OKWL where 0 s.f is allow ed, 1,219 s f. (16 25*’/t) hardcover in 0-75’ setback zone where none is allowed, 763 5 s.f (30.51i) hardcover in 75-250 ’ setback zone where 621.75 s f (25»/o) is allowed Approval is subject to the following conditions: 1.Council approval is based on the site plan submitted by the applicant attached to this resolution as Exhibit A. Any amendments to the site plan may require further Planning Commission and City Council review. 2.Authorities granted b> this vanance run w ith the property rot w iih the applicants,but are penrussive only and must be exercised by application for abuilding pennit within one sear of the date of Council approval, or these variances will expire on that date (August 12, 2003). 3.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. Page 3 of 6 I CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO /I ft A 4,The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the property. Adopted by the City Council of the City or Orono, Minnesota at a regular meeting held on the 12th day of August, 2002. ATTEST; / 1. ../t. / Lir^a S. City Clerk Property Owner (s) Barbara A. Peterson, Mayor STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 1 2th day of August, 2002 by- Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. NotatY Public RACHEL DODGE NCTARV Pueuc • v-v -c-i STATE OF MINNESOTA COUNTY OF HENNEPIN o The foregoing instrument was acknowledged before me on this day of August, 2002 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the ^:ry. RACHEL DODGE a KOTWYPViX.V.^'- y-M»ConrvU«"S*9^^ .1 A\fL.A.<-^C .OiC-C(C Notai\* Public Page 4 of6 CITY of OROXO RESOLUTION OF THE CITY COUNCIL NO. ^ ^ ^ 6 STATE OF MINNESOTA COUNTY OF HENNEPIN On ihisil day o f Ayrm-r , 2002. ^Scn Y ks^,perionally appeared before me, ____who is personally known to me __^ whose identity I proved on the basis of ____________________^— whose identity I proved oa the oatb'affirmauon of _____________f a credible witness____ whose lacniity i proven oa ir.c oairwaiurmauon ____________f«» and who executed the foregoing instrument, and acknow ledged that he she they executed the same as his her/their free act and deed. / Notary Public STATE OF MIN’NESOTA COUNTY OF HENNEPIN On thisli day o f . 2002, /r fi3< personally appeared before me, ____who is personally known to me whose identity I proved on the basis of whosc identity I proved on the oath'affirmation ofw nosc iGcmuy i pro>cu uu me ujiu aiiiiiiiiiauti ut «a credible w itness and who executed the foregoing instrument, and acknowledged that he she they executed the same as kivhcr their free act and deed. lU- Notary Public XSas. c:^:S£M.LESKl^^EN NOTA«t PVJBUC • MKSESOTA VfCemriuionEip^r*-’! 31.20CS Page 5 of 6 r !■L, L H ADJACENT PROPERTY OWNERS* ACKNOWLEDGEMENT FORM I TT ^’UcL.tt_____of C Isr .>U, S'S'J^C- [print rame(5)l lpr<nt address] have rev ewed the p'ars for the proposed irrc'cveniem or proposed use of the property located at r ! also refered to as Lana Use Application No --------------- I (we) uroerstand that m executing this acknowledgement. I (we) am (are) rot asked to declare approval or disapproval of the property cr use but m.erely to cor-.firm for the City Counc I that I (we) am (are) aware of the improverrent p!ans a"d that the proposed neighbor's project or use requires Council aoproval -7- -Z-c'-c / Property Owner Date Property Owner Date Ifwel //‘‘/’/•’i/'T'-'*-.r-'v gf •’/ A *,r [print name(s))[print address) have rev«wed the plans for the proposed improvement or proposed use of the property locateo at '^ ‘/t-7 r- r also referred to as Lana use Ano* cation No 1 (we) understand that in executing this acknowledgement. 1 (we) am (are) not asked to declare approval or Disapproval of the properly or use but merely to confrm for the City Council that 1 (we) am (are) aware of the irrprovemenl plans and that the proposed neighbor ’s project or use requires Council approval. / Ll /A; Property Owrier Date Property Owner Date If you have any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building & Zcnmg Off-ce at least 10 days prior to the scheduled meeting date • {-------- r RUNOATE 7/n/KD4 )l 05ll7niXK»I RROPAODR M05 MSTIAKESl OWNER NAME MARK 1 KRONINJLM TAXPAYER mark T KRONMOLM NAME/ADOR WW CASILAKt ST LONG LAKE MN 3S1M Jt 03M7»I)00<1 PROPADOR J444 tASfUKfcSf OWNER NAME D A MONCk R N A MONOE TAXPAYER DEAN A A NANCY A MONGk NAMt/ADOR J4M EAST UKESTS LONG LAKE MN 351Vi }| 03117211)00)2 PROPADOR J4I) EASIUKLSl OWNER NAME CARSON M ERICKSON TAXPAYER CARSON M ERR KSON NAME/AOOR WISTASILAKLST LONG LAKE MN SS)3b MENStPlNCOUNlV PROPtRn- INkORMAIHJN PROPERTY OWNERS USr J| OMITTIlXXm PROPADOR J407 EASTI>KEST OWNER NAME Rl Ht CCA l.YNN MUl/l M TAXPAVEK RIBECCALYNNIIOLZIM NAMEMOaR M07 EASUAKE S7 EONGLAKEMN 33)36 PROP ADI>R M 03110)1)0016 )400 EASrUKEST OWNER NAME ANDREW I SCHUEl/ TAXPAYER ANORIWSCIHJLT? NAMF7AODH EASTIAKE ST LONG LAKE MN 33130 la 031177)1)0044 PROPADOR M24 CASItAKEST OWNER NAME 11 RADKE A M A KADiU: TAXPAYER THOMAS ERMAR*;a REI A RADKE NAMiyADOR EASTLAKE ST EONC LAKI MN 33)36 )• 031172)1)0046 PROPADDR 1* ADDRESS UNASSICNEO OWNER NAME 0 A MONOE ANA MONOC l^^py^YER DEAN A A NANCY A MONCE NAMT/ADOR '*44 fc LAKk. ST S lONGIAKEMN 33)36 18 0311771140060 PROPAOtTR )40J EASUAKE SI OWNER NAME TROY W KENNEDY taxpayer TROY W KENNEDY NAME/ADOR )40) EASUAKE SI IjOMjLAKEMN 33)36 )8 031172)410072 PROPADDR 403 OXFORDRD OWNER NAME MARYANN G BRANW NBURG TAXPAYER many ANN G BRANDINBURO NAM t/ADDR *®) OXFORD RO lONOIAKF MN 33136 OF THE HENNEPIN COUNTY TAXPAYER SERVICES rePARTMEHr. TO^TIIE BEST OK MY KNOWlXtXjF. AND OEUEF. DAT R SERVICES H:PARrMEHr. TO nit u»i ^AiMov .,0 ?is ll) Fl.E • 3*-3043 9 2X4 P*9« * of 4 Date Application Received: 07-21.04 Dale \pplicatioa Coaiidered at Complde: 0S-02-O4 60-Day Revievt Period Eipirca: 10-02-04 From: Date: Subject: Chair Rahn and Planning Commission Members Ron Moorse. City Adnv.nisirator Melanie Curtis. City Planner August 9.2004 P04-3043. Jolut Holm & Susan Kcrbcr. 1485 Bay Ridge Road. Variance Public hearing Zoning District: LR-1 A, One Family Lakcshorc Residential 2-Acre'200 ‘ Gross Lot Area: 39.707 s.f. (0 91 .Acre) Net Lot Area: 33.300 s.f. (0.76 Acre) - excluding roads Defined Lot Width: 112’ to 104* Application Sununary’: The applicants have applied for Utc following I. An average lakcshorc setback variance .and a 75’- 250 ’ /one hardcover variance in order to replace an existing 13’ x 24’deck on the lake (cast) side of their home; and 2 A 75’ - 250 ’ zone hardcover variance in order to construct a 2-stall garage over existing hardcover (driveway), and 3. A side setback variance in order to construct a 2-stall garage 10' from the side lot line where a 30 ’ setback is required and a 9.9’ setback is existing; and 4 A 75’ - 250 ’ hardcover variance to construct a cov cred entrance over existing hardcover (grade-level porch) Staff Recommendation: Planning Department Staff recommends approval of the variances with the following condition. 1 Hardcover within the 75’- 250 ’ zone shall not increase abov e the existing level 26% or 5056 s.f.. Hardship: The location of the home and the narrowness of the hi__________________ Pcniucot Zoning Ordinance Sections Sec. 78-305. Area, height, lot width and yard requirements. (a) Height No structure or building in the LR-l A district shall e.xceed 2 1/2 stories or 30 feet in height except as prov ided in section 78-1366. (b) Lots The following minimum requirements shall be observed: Lot Area (UTt) Lot W .dth (feet) Front Yard (fee:) Side Yard Ifeet) Side Yard Adjacet:t to Street (feet) Rear Yard (feel) 2 200 150 30 50 50 FILE • 04-3043 9 2C04 P*gt 2 c* 4 See. 78* 1279. Placement of structures on lots. (6) Average iakeshore setback No principal or accessory structure shall be located closer to the Iakeshore than the average distance from the shoreline of existing residence buildings on adjacent lots; except that this does not apply to stairuays, lifts, landings and lockboxes. Further, the average Iakeshore setback shall apply only to classified lakes and shall not apply to tributaries. The average Iakeshore setback line shall be a straight line connecting the most lakeward protrusions of the residence buildings on the immediately adjacent Iakeshore lots. Sec. 78-1288. Hard cover limitations. (a) No hard cover or impervious surface shall be placed, located or constructed \s1thin 75 feet of the ordinary high water level of any lake or tributary, except for stairways, lifts, landings and lockboxes as regulated elsewhere in this Code. (b) Betw een 75 feet and 250 feet of the OHWL. there shall be no greater than 25 percent hard cover. Between 250 feet and 500 feet of the OliWL there shall be no greater than 30 percent hardcover. Between 500 feet and 1.000 feet of the 01 IWL there shall be no greater than 35 percent hardcover. (Ord. No. 101 2nd series. § U10.56U6HL)). 2-24-1992) LUI of Exhibits A. Application B. Ha^hip Documentation Fomt C. Existing & Proposed Surs cy/Silc Plan D. Proposed Plans and Elesations E. Submined Hardcover Calculations F. Photos submitted by Applicant 0. Photos of project H. Property Owners List 1. Plat .Map Background John Holm & Susan Kerber arc the property owners and applicants at 1485 Bay Ridge Road. The applicants wish to replace in-kind a rotted deck on the east side of their home, add a covered entry on the west entrance and con.struct a 660 s.f. garage addition to their existing home. Their home currently encroaches into the 30’ side setback on both of the side lot lines, and in order to construct the garage addition a side setback variance is required. Their 380* x 104 ’ property is located within the LR-IA Zoning Disuicl. LOT ANALYSIS WORSHEET Lot ArcaAVidth: LR-IA Lot Area Lot Width Required 87.120 s.f. (2 acre)200 ’ Actual 33.300±$.f. (0 76 acre)104 ’.112* flLE ■ 04 3043 A^.lt 9 2K4 P»g« 3 of 4 SHbtc^ LR-IA RMuired 1 Etisiiaa ' Proposed Front 50 ’197 r:' Rear 50 ’80*No Change 1 North Side 30’ i 9 9’10'(proposed garaget ' 1 South Side 30-8 2’No Chance i Lakeshore 75 ’134-No Change ! Aserage Lakeshore 190’-170’ from OHWX 30’-15' into setback (deck) 30’-15' into setback (deck) Structural Coverigc; Total Lot Area Total Structural Coveraee 1 33.300 s f (0 76 Acre)Allowed 4.995 s f (15%) 1 Proposed: 3.335 s f (10%) 1 Hardcover Calculations; Hardcover Zone Total Area in Zone Allowed Hardcover Existing Hardcover Proposed { Hardcover |o-75 7.291 s.f Os.f (0%) 4.280 $ r (59%) County Road IS constitutes all hardcover w/in this zone 1 4,280 s.f. (59 %) 75 - 250 19,634 s.f 4,908 5 s.f (25V.) 5.056 sf (26 %) 5.448 s.f. (27.7%) 250-500 12,819 s f 3.845 7 s f. (30%) 1.923 sf (15%) 1,923 s f. (15%) After exclusion of fabric or plasiic-lined landscape beds Side Yard Setback Variance The north side of the home is currcnily located as close as 9.9 ’ from the side lot line tapering to 12' at its most conforming comer. The applicants are proposing to construct their attached garage (including the roof overhang) no closer to the side lot line than 10’. Hardcover Variance The garage is proposed to be constructed over existing driveway hardcover, and the deck will not increase in size as it is proposed to be reconstructed in kind. The property cun^ently has 26% or 5,056 s.f. of hardcover within the 75’-250 ’ setback zone; the applicants are proposing a net increase of 1.9*/o or 392 s.f. The increase in 75’*250 ’ hardcover could easily be eliminated by reconstructing the driveway parking area so that more of it is in the 250 ’- 500’ zone. Ji 1 riLE • C4-30O A).3»»t 9 P»se4 s'* Average Lakeihore Setback Vtriince ...................... . .. ■ i. Half of the existing home, including the subject deck, is located within the average lakesbore setback. The shoreline runs at an angle to the properties along this portion of eSAH 15 and the neighboring homes are staggered such that the property to the south of the applicants* is entirely behind the applicants’ home. The proposed deck is completely blocked from view of the property owner to the south by the applicants home. Applicant has completed the Hardship Documentation Form attached as Exhibit B. and should be asked for additional testimony regarding the application. /» nmsUtrint •PpUemthm for vriance, the Hennint Cemmh%k>n ihett coaiUet the effect of the pnpotei vetiance upon the heatlh. te/ety *eH/are of the comnwHit} . exltiiat anticipated traffic condmom, light and air, danger of fire, ritk to the public tafeiy, and the effect on \aluet of property- In the torrounding area. The Planning Conimiulon shaii conilder recommending approivl for lariances from the literal pro* itiont of the Zoning Code In Inttancei where their strict enforcement would cause undue hardship because of circumstances unique to the indhidua! property under consideratien, and shall recommend approsal only when it Is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Staff finds that with respect to the average lakeshorc setback v ariance the angle of CSAH 15 and the staggering of the homes along the lake, the reconstruction of the existing deck will have minimal impact on the lake v ievvs from the neighboring properties Also, due to the location of the existing home and the narrowness of the lot there is hardship for the side setback variance as if the garage were required to meet the 30* setbacks on both sides it would have to be constructed directly in the middle of the existing home blocking an existing porch and the main entry. However, staff does not find that a hardship exists for which to grant the h^cover variance and the applicant should be required to relocate the driveway parking area hardcover so as not to exceed the current 75**250* hardcover level. Issues for Consideration Arc there any other issues or concerns with this application? Staff RccooiBendation Plarming Staff recommends approval of the average lakeshorc setback and side setback variances, and denial of the hardcover variance request. The applicants’ should he required to not e.xceed their e.xisung level of hardcover within the 75*- 250* setback zone. CityofOrono e»^,T A Variance Application_______ Street Address 2750 Kelley Parkway OroPO. M\ 55356 Man 952-2-i9-^60: fax 952*243^£‘6 Mailing Address P.O Bo* 66 Cry stal Bay. VN 55323-:065 Aopi.ca*. on tf Date Rece.ved M 7J cW~ A*nourt Pajs p /fth Staff liUuVtCt/ Fee . S500 ____ Renewal 330C After-tno-fac: St.200 Douoie Fee This app'icat on form must be comoieted in full App cant will be ret tied wttnn *5 days as to me status of me acpi cat on Incomplete applications will not be placed on Planning Commission Agendas. PROPERTY INFORMATION: . . ,, Site Address > ^ii. Properly Identification Number (PIN). (Attach legal description to application if not inc uded on the survey.) Date Property Acquired (month/year); .. □ Yes. I own tne adjacent par ••’s Present use of property; £1 Residential □ Other ________________________________ Zoning District ________________ APPLICANT INFORMATION: (Cor-.piete legal ns-«s and rra-itai status required for earn interested party) Name - /'/'/•.•/ r-S A fa #*• / Phone (home) O';.sv.:-.Phone (work); c^Pc Address r'v l a_)• s7-r'*/ Email. //./I'*.^.-4 ,Fax —---------.j------------ OWNER INFORMATION: (Complete legal names i‘d rrantai status required for each interested party) Name; 'hf.t, i/i ../r s /A-/*, vi;.- St //. .....u,:' ) Phone (home). «,*•!/ re -S i t.Phone (work): / P:.'f r Address; j., /Tv... a'*. ' / -*>s t. Email; /.,1. ,/t .. •.* .* i . — •*Fax DESCRIPTION OF REQUEST: Est mated Project Cost; Deschbe the requesUn detail (attach additional sheets if necessary); ______________ *0.-* c ►- n.- S -c.. o . w.-. Q > ll^pU d- -l H» Zr*// .Arir/ t t tc' .1 i I /TV*. g Sn. iip'-'i-___________________________ ^’04 i REQUIRED SUBMITTALS: All of the following information must be submitted by the application deadline date in oroer for your application to be processed. E E□ □□ S□ Pre-Application Meeting Form, completed by a City Planner Completed Application Form Completed Hardship Docum.entation Form Certified Property Owners List-cw"ers v/th^n 150’ of the suO.ect prcperty labels and p at map List, labels and map may be obtained from Hennepin County Department of F ranee. Government Center. A-603 300 South 6'^ Street Minneapolis, telephone 612-343-5910 Original Certifeate of Survey (signed by a licensed surveyor), meet ng' all 'the requirements listed v/ithin this packet, including hardcover calculations Also provide one copy 8 5' x 11” or ll” X 17" for reproduction. Completed hardcover calculat'on worksheets (as provided within the variance packet) Topographic survey - including existing and proposed elevations Provide ore copy 8 5" x 11’ or 11“ X 17" for reproduction. Sketches or plans of floor and elevation views (provide one copy B.S’ x 11" or 11 ” x 17") Additional items may be requested by City Staff depend rg on the scope of the p'oject. * APPLICANT’S ACKNOWLEDGEMENT: The applicant hereby agrees to provide all information required or requested by the Planning Deparlm.ent. agrees to pay additional fees (staff time not covered in the original fee payment) and/or consultant expenses incurred in review of this application and ceh f es that the m'ormalion s-ppiied's true and co'rect to the best of his'her knowledge The applicant recognizes that hc/she is solely responsible for submitting a complete application being aware that upon failure to do so, the staff has no alternative but to reject it until it is complete or to recommend the request for denial of the request regardle^ of its potMtIal merit. ------------------------------Date Date Applicant's Signature Applicant's Signature / OWNER'S ACKNOWLEDGEMENT: The owner hereby acknowledges and agrees to this application and further authorizes rcasonab'e entry onto the property by City Staff, consultants, agents. Ccmm ss’on & Council Members fer purposes of investigatioo-and vepifjeation of this request. ——______________Date Date Owner's Signature; Owner's Signature. / / Applicant must have all submitta’s into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are normally 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 representative attend in place of the applicant and advise the City Planner assigned to your project. y .V O Arr /■2 ■v. O/ 3£*c«g‘ '>a Page 1 ofi HARDSHIP DOCUMENTATION FORM This form Is a required submittal for ALL variance applicaUons. An applies: on vv'! ret be ca*'Sidered complete or placed on ary T.eetng a^erdas u"! ! tbis form .s complete and submitted to the City ________ r/innesota State Stat-e Section 394 27. Sjbdtvsicn 7 ree- res rat a rarosr p be demonstrated in order for a variance to be granted The ‘■areship must ee jn cue to me property as variances njn with me land and rot tne land cv-rer. Fe'sor.a! and ezcnzrr c situations are not considered valid hardships in order fer an appUcai or to be hea*a cy the Planning Commission and City Ccuncii a hardship having mert must ce demonstrated HOW DO I PROVE A HARDSHIP? This form has 12 points outKn:ng the bas s City staff uses to determine if a ha'dsn p exists and how the variance will affect the surrounding community. To prove a hardsh. p address all the relevant points listed below and answer them as e’eany as ccss ble S n:e ycu are requesting tne code exception, you have the burden of proving that the variance is Justified. Tne infcrmation the City rece ves s v.nat s used m deter'rr.rg a denial or approval recommendation If you leave som.eth rg out it vjhI not be conside'ocj P’ease address each of these hardship c' tcr a os iney re ate to the rec-est (seme may net apply) •The property in question cannot be put to a 'easonatle use if used under ^condit.ons allowed by the off cia! contre.s • > ,y. .V 1.- ■> , f /■' t • 1 •u 2. “The plight of the landowner is due to c rcumsta-ces un q^e to h.s creceny net created bv the landowner*created by the landowner I*. S \', <• . 4-^I......1 r.U (L n Iw-v.*. illI W *4 t ♦.»' ^I f^rr.'t t It. 1.•'L, I »*t> C3 > 1.. f 4r , .,- n ^ U>.< •» \ u: •The variance, if granted, wiil not alter the essen: a* character c' tre cca' ty ' (\l u.>i* tr.'f A." >/»:«■ u. « tt. > *V . S'^»..4%Vvr___________ M- Ml. hAivv T'.i Pl. w** ■> _^w» -4 .*tf ».t I ^ i ' f 11 i »' * »■ K ir <•**t •■jiCi. -rv.»^ . v<. •p.—.ms n. fSi •' C.'— ‘4ftori‘• *-»' « ^ “Econom.ic considerations a ore shall net const tute an undue hardsh p if reasonable use for the property exists under the terms of the Zoning Chapter* » 4> 'i .>Lt< r :r r. '••...‘I- / > •‘.I* > •O;- •Vj * >• iBa Page 2 cf3 -Urdue hardship also includes, cut Is rot limited to. inadequate access to d.rect luniiaht for solar energy systems Variances snail be granted for ear.h sl*.ei*.erea construction as defred m Vin-esota Statutes, Section 115J.06. Sufcd 2, w^en in nanrory with tn s Cnapter * *Tne Board of Appeals and Adjustments or the Council may rot permit as a variance any use that is not permitted under this Chapter for property m the zone where the affected person's land is located * *.A». « •«>*.'* ’ twt.r.r 1 >•< .at r* .t.‘. ii ■ > 4* , » . « “The Board or Ccurol may perm as a variance the temporary use of a one-family d'.-.eii ng as a two-famiiy dweii.ng ‘ 'The special condit ons aoplyng to me structure cr land m q-esticn are peculiar to such property or immediately adjcmirg p'operty ' •- V : ■* . f >•»< -< .«r. . ■ .i • i-j' •V. 4 . 1.. . . V,■t-»’•V. t 9. “The cond.tions do ret apply generally to other lard cr structures m the distnet n vbhich said land is iccated * 10. “The granting of the application :s necessa'y for tne preservat cn and er.ioyment of a substantial property right of the applicant “ P-p It. . ... t it IvC->. ♦ 4-4 L i'. ’ t ■ > 4 \ __________V •te ■■ .^4-f t4 . A . .. y -l'.* '*‘..4 t- I . /i .< 4«<.ri A-c< vT'a* ^ K» *•iJ'.v , v%v n S»^ <’*. .y.4-%. 11. * “Tne graning of the proposeo variance will not m any way impair health, safety, o.- *.»»./ comfort, morals, or in any other respect be contrary to the intent of the Zon.ng Cede.’ , ; . //Ml. t tftf f X.V • / f / i//**.* * 'IC ^7/.* {i^ oVt 4. < t. Page 3 of 3 2. “The granting of such varance will net r*erely serve as a conven ence to the applicant, but >s necessary to alleviate deTicristrafc e hardship cr dtfficu ty l5 Ig. •• \:^v. " /_>g / •-. h { •/ 'tfx.X_______^v- •a ,.7 /, / . .I /' u i Trr^:c /~7~7l /•'►•HI ^r" w r* • ‘ ‘ , f- •. 4 •'i > ' i'?’ - V .-•■iM<' c/••■'•. c ' <-r'. —*-.>• J I ' / « ^r; .'i; n: /•'►•H| •/t, Ca •" fl * Hardship Statement Should you feel the hardship cannot fully be deserbed in the above criteria desenoe tr.e unique hardship, practical difficulty or unusual property cond t ons preventing comp* arice With Zoning Ordinance requirements in the following lines (attach adcit onal sheets if necessary) \ rr '•■ A•• ;•• vj •4—' A O'A JL.k I mm III I 4T 2 %o O? I • I EAIIDCOVER CALCULATION WC a XS cj -c .* SZT3ACX ZONZ: (CTRCLl OfCIJ ^5-irr iso^tr g\i5'ii.vc BAaocovga tn zonz A Kc-at _______________ X B. Gc.*t|t C Dnvcwny 4 t4 f P* O. SidtwtSi E. Paxic>T;erk F. LandKapt Undrr'.ain By FUstic C. Oditr TOTAL hardcover IN ZONE TOTAL PROPERTY AREA IN ZONE * B _ _ _ X ICO PttQPOSgn HARPrOVER tN ZONE A Koum ______________ * Witt B. Cvzit C. DrWrvay D. Sidfwalk E. Psdo/D«k F. I andKsy* Undtrba By PUsic a 0±*f total hardcover in zone TOTAL PR0P30Y AREA IN ZONE ♦ B ____ 6^. t soo-:sc8* . j IIi/qo. IS s*. S-J. S.?. s». S-*. SJ. S.F S.F. S.F. S.F. ZJ. SF. A ■’ill’ll SJT B _____ S.F. SF. %S. S.F. ss. SJ. SJ. S.F. S.F. SJ. SJ. SJ. SJ. A SJ. B H KAJIDCOVZR CALCT.“LAT:0>' SrrSACX ZONZ: (CIUCLI ONS) 0-TT l*3-*:5* rrTgrrsG gAaDCQ\~a tv zcm A. Kcat -_________ * -■■ ■— KO-::sc’ B. Ctut C Dfivrwy D. Sidcwtji E. Paloreck r. Lsrdicapt Undvr'.ain By Plastic C. Otfccr TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE PRftPQgfn HARDC<;7VyR IN ZONE A. House ______________ B. Carct« C Drhrr»-ay D. Sidrv»alk E. Pslic/Detk F. Lardscs?* Lnderhia By Plaric C. 0±er X X X X X % X X X total karixover in zone TOTAL PROPERTY AREA IS ZONE * B ____ m 2ZC?6 SJ. m • SJ. m S-* m SJ. ss. s..*. m S.r. m S.?.•S~*. 2?W-s ? •htC' •s.?. T -s? S-7• S.F. S.F. A s.r B - % ICC ■ZL,% •}/lfU S.F. m sr. SF m m r(^n SF. S.F. m liM/'."SF. m S.F. .:ss. m ss. m 1 1 / S.F. K S.F. 1 • ‘ SF. m SJ. a SJ. m 51. * SS. A / tj SI. B X ICO - Js. 7DT>\* r.ini^d/ “ • ^3*S*i}r y.ort i.-*•: s HARDCOVER CALCL"LAT10.N *;^ CRX5x=. ^ Sc T3AC:< ZONX; (CIRCLZ 0*NX) 0-T5* rvr,cTTNC gAagcovra tv 2qvs A. Krcii _______________ *Vea B. Csn|? C. Envrwiy D. Slitwii E. Psiic/TTct* F. LacdKapf Uwi«f!aa» By Plu:;c C. Other TOTAL HARDCOVEa tN ZONE TOTAL PROPERTY AREA FN ZONE * B ___m 100 PnnPQSFn HARDC^vyR ZONE A. Kou»e B. CiR|» C Drivewy D. SldtN*ark E. ?ixLeJZtA F. Lar.dic3Ct LV.derl3ia By Plurls C 0±e X X X X X X X X X total hardcover in ZCN*E total property area in zone B ___ «oo-;:co* /f/3 MU. ^hlo^ TS S_" s.?. S-" s.-. . S--. 5--. ■ s.“. SJ. ;s.F. SF. S.F. S5. S'. A SJT H ^ jf' S.F. S.F. ■ S.F. , S.F. ^ S.F. SJ. S.F. S.F. S.F. SR. SR. SR, •SR. A "SR. B i^icUe^ iu CAlcviU4*/k»4 4 • * ■ t i ‘ \ . 1 ii^^^ T**S U-t.£-____ * a. FZ mmm J-Uv .•''. • *r‘ '’“i • * * iv\/' '*T‘''. ■'^‘^^C'C’ ■'' ** ;«L-.1C‘.'^W »M^ik*v • •^v**v *• *—.f• .^. . .:?..v. -r ^ir V•**'. •• •. ••■:-• •.' . I’: f kiiM F>! F • .*VV a* . •- :*. • \ / **> :* •» *. •• • r - « . (. ■. •♦e.iy ...V mm •V' . ff. »•••• .V 'i; Kr'->^:^:^r:c:y. X-^' •“Uji?5 * ^•:-:;'t,Vr:-.-i'-;A.-r-„,■;"•■■ :s. .• 11* • ♦ • ^ - ; *__i-..- .................................... ...................— • — - •»* ' ^ • fcv.' hobim h i;V r..i '' "tj, , . i .*.-v ^ • •> J • ■_____*•' •'*'. . m RIMDAIE iIOUHM PAGE I M loiimiioon ntOPAtWft )• auokessunassicneo OWNERNAME HENNElWOORKMOKALRRAUrU TAXfAVEII MEMNWNCOMOIOKALRRAUIM NAME/ADOR 4115TH STNfJJO MVmCAlOIJSMM SJ40I )t IOII72)non06 PROf ADOR 2»s NORTM SIIOftL OR OWNI R name CREOC W/Of NISF b SltlNHAFCt TAXrAYbR CRECOW/OLNISttSTlWIlAFIL NAMb/ADDR 11 JO OLD CRYSTAL BAY RO ORONOMN J5)«) 31 1011723)40004 PROP ADOR 1441 BAY RJUGt RD OWNER NAML 0 W Hit R A R L HJCK taxpayer davidakahitlick NAME/ADOR I*** BAY RIDOt RD WAYZATAMN 5JJ9I 31 IO)l72])4O0OS PROP ADOR 1473 BAY RJOOERO OWNERNAI4E TRAMHMCOAifc taxpayer THOMAS R IRCCWfe NAME/AOOR 1473 DAY RIOCERD WAYZATAMN JJJ9I 3S IOII721140OO4 PROP ADOR I4I5 > AY RIDGE RO OWNER NAME SUSAN M KERBER A JOHN C HOIM TAXPAYER SUSAN MW-RJltR A JOHN C HOI M NAME/AOOR '44J bay ridge RO WAYZATAMN SJJ91 34 1011721)40007 PROP ADOR IM)I BAYRllXiERO OWNER NAME t O WIU hi 11 A K WILLETTE TAXPASIR DAVID WIIU he NAMI/ADDR •’O' “AY RIOGt RD WAYZATA mm SiJYI Jt I0ll723)4000l PROPAOOR IJIl BAYRIDCERO owner NAME KEI4NETM A YOlARiBCRC TAXPAYER KENNETH A YOUNCiRERG NAME/AOOR ISU BAY RIOCE RD WAYZATAMN JJJVI ' V ‘ OFTHF. HEWEPIN COUNTY TAXPAYER SLRVICK DEPARTMENTJO TMK ^ N OFMY KNOWEEDC.E AND7/2 py > j' __J y o > o.y i •04-3044 Au|uit U. 2004 Pa|c2or4 Exhibit L - Photographs Exhibit M - Aerial Photograph Exhibit N - Property 0\^*ncr ’s List Exhibit O - Plat Map Background The applicant's representative met with staff to discuss the proposed improvements to the property. It was determined at that time that the applicant would require a rear >ard setback variance in order to construct an addition to the existing house. This was a result of misinterpretation of what frontage was considered the front. By Code definition, on a comer lot the lot boundary with the shortest street frontage is designated as the front line for zoning purposes. Although a substantial amount of improvements arc proposed, staff has determined that because much of what is existing will remain, the project would not be considered a rebuild. LOT ANALYSIS WORSHEET LR-IC Lot Area 1 Lot Width Required 21,780 s.f acre)100 ’ Actual 17.195 s.f. (0.39 acres)119.80 ’ 1 LR-IC Required Estetiag Proposed Front (Minnie Ave)30’84’62’ Rear (west)30’15 ’20’ Left Side (south)10 ’62’43’ Right Side (Cherry Ave)15 ’21 ’16.5 ’ Total Lot Area Total Stniclural Coverage 17,195 s.f. (0.39 acres)Allowed: 2,579.25 s.f. (15V.) Proposed: 2,262 s.f. (1 3.2V.) iitnUinti .nt r- -j,J L •04-3044 Au(usi U. 2004 Pit*3 of 4 1 Hardcover i Zone Total Area in Zone Allowed Hardcover Existing Hardcover Proposed Hardcover j 75 - 250 17,135 s.f.4.284 s.f. (25%) 3.362 s.f (20%) 3.622 s f (21%) 1 250-500 i 60 s.f.18 5 f (30»'o) 0 s f • t0%) 0 s.f (0%) After exclusion of fabric or plasiic-Iincd landscape beds Rear Yard Setback Variance . . u u The applicani has proposed to remove the existing screened porch and porch overhang located in the rear yard. Included for removal are the rock on plastic in the rear >arJ, some wood rail-road lie retaining walls, pavers, planter areas and some concrete patio areas on ihe north and south side of the home. The existing 1.7 x 5.7 encroachment is a chimney shaft that will remain and is an allowed encroachment The applicant is proposing to add a garage and master suite addition to the cast side of the home and a covered entry on the north side, all meeting the required setbacks. The applicant is also proposing to construct a kitchen addition to the south side of the home in line with the current house. This requires a rear yard setback v.ariance because the lot line jogs to the east 10*. The applicant is also proposing a deck to the cast of the kitchen addition, which will meet all setback requirements Hardship Slalcmeol Applicani has presided a brief hardship statement in Exhibit B. and should be asked for additional testimony regarding the application Hardship Analysis r*» con%Uering applicathm for \wianco. Ihe Flonnlng Commtuion %halt consider the effect of ihe | proposed xwlance upon the health, safety and welfare of the community, existing and anticipated I traffic conditions, light and air, danger of fire, risk to the public safety, and the effect onx-alues of ^ j for xariances from the literal provisions of the Zoning Code In instances where their strict enforcement would cause undue hardship because of circumstances unique to the indixidual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be In keeping with the spirit and intent of the Orono Zoning Code. ______________ Suff finds that there arc hard.ships inherent to the land. For example, the jogged rear property line and the sloping topography, all somewhat restricting the applicant from meeting the required 30* rear yard setback. Further, the Zoning Ordinance defines the front on comer lots as the shortest frontage. In this case that being Minnie Avenue even through the applicant's front door faces Cherry Avenue and the property has a Cherry Avenue address. If Cherry Avenue were considered the front only a 10 ’ setback to the west would be required, allowing the applicant to proceed without variances. Adding to all mentioned above is the layout of the existing home and what best fits within that envelope. r I •04*3044 Augytl It, 2004 ratt4of4 However, hardship also references “reasonable use if used under the conditions allowed by the official controls ”; this being the 30 ’ required rear yard setback. It is staffs opinion that the property owner has reasonable use, especially since the addition can be achieved within the 30 ’ rear yard setback, recognizing the layout of the existing and proposed improvements will not fit together as well or grading may be required The hardships mentioned above may hold more validity if the applicant had no other options for placement of the proposed addition, bearing in mind that the layout of the existing house is not considered a valid hardship as it isn’t something inherent to the land. Issues for Consideration 1. Are the hardships mentioned valid enough to grant variance approval, even tl.ough the applicant could meet the 30 ’ required setback if grading were done and the interior spaces were re-designed? 2. Does the sloping topography, by itself, offer a valid hardship? Or. could tlie grading necessar>* to meet the 30 ’ setback be minor enough to require it? 3. Should it be relevant that the jogged rear property line was caused by separate acquisition of the east 10 feet of the neighboring lot (the most western 10* in the rear yard was not a part of the original platted lots)? 4. Are there any other issues or concerns with this application? Staff RccoameBdatioii Denial of the requested variaxKe as the addition could be moved 10' to the east in order to meet the 30 ’ rear yard setback. Approval of the requested variance only if you find that the sloping topography alone constitutes a hardship restricting the applicant from moving the addition 10 ’ to the east in order to meet the required rear yard setback. EXHIBIT A City of Orono Variance Application Sfreef Address 2750 Keiiey Parkway Orsno. MK 55356 Man 952-249-4630 fax 952-249-4615 Mailing Address' P O Box 66 Crysta. Bay. W.N 55323-;C65 AtJD' catcn a 3^^^ Date Received 7.2-i - c> Arrour: Pa d /jQ Q ____ Staff. SJ/'i n 1' tv ^ Fee S6C0_____________ Renewa'53C3 A*te'-the-*a=t S1.2CG Dcu:> Fee T*is aopiicat on form must be comp'eted in full. App cant will be noticed w-thm 15 days as to tne stat-s cf tre application Incomplete applications will not be placed on Planning Commission Agendas. Property Identification Number (PIN) /jff- //?• 4 s ‘I (Attach legal description to app^'cation if not included on the survey.) A . . «______________^Ak-.l. ^ t ^ 0%.m I A#*% IK A •Date Properly Acquired (month/year); fi • oZ. D Yes, I own the adjacent parcels. Present use cf property: Residential □ Other ____________________________ Zoning District ______________________ APPLICAN-T INFORM ATOM; (C< Name; S/ (Complete legat ra-es and manta: status required for eacn interested party) Phone (home) CtrP dc 7/ Phone (work), f, /Z- /•//- Address; \9 Z T Email: __________ OWNER INFORMATION: (Complete :ega! names s*c mantai status required for eacn .nierested pany) Name; Phone (home); JzlZlOV-_SiQ3LO fe): r /4i~7/ rr,it Address; ^<7.3 S Ema.l__________ Phone (v;crk): *7^ r 9~4r^ DESCRIPTION OF REQUEST: Estimated Project Cost $ / Describe the request in deta ’I (attach additional sheets if necessary): /■ !C . r4/v»i-r liTtil -A/ -o V-- , "Jh JJ\0* <Wv >A>-n f »3-v/V 4/1 cL ■ J tLfZJi hit.. CL. /(aA^Xi if'L #3044 •a 1 Jii REQUIRED SUBMITTALS: All of t^e following information must be submitted by the application deadline date in orde' for your application to be processed I□ □ A Pre-Application Meeting Form, ccrpleted by a City Planner. Completed Appiication Form Completed Hardsh p Docurrentatlcn Form Certified Propeny Owners L st - o.vners within 150' of the sub;eot property, labels and plat map List, labels and map may be obtained from Hennepin County Deoanment of Finance. Government Center. A-603 3C0 South 6‘‘ Street. Minneapolis. telephons<!|^2-343-5?T[^ Original Certficate of Survey (signed by a licensed surveyor), meetm^!! ti e"Tt dourer,erts listed v/ithin th s packet, including hardcover calculations Also crcv de one ccpy 8 5 x 1V or 11" X 17” for reproduction. Completed hardcover calculation worksheets (as provided v/ithin the variance packet). Topographic survey - including existing and proposed elevations. Provide one copy 8 5 “ x 11" or 1 r X 17" for reproduction. Sketches or plans of floor and elevation views (provide one copy 8.5" x 11" or 11" x 17“) Addit.onal items may be requested by City Staff depending on the scope of the project * APPLICANT’S ACKNOWLEDGEMENT; The applicant hereby agrees to provide ail information required or requested by the Plarnrg Department, agrees to pay additional fees (staff time not covered in the original fee oayment) and/or consu tant expenses incurred in review o^ this appl.cation and cert.f es that the .nformation suopiied is true and correct to the best of his/her knowledge The applicant recognizes that he/she is solely responsible for submitting a complete appiication being aware that upon failure to do so. the staff has no alternative but to reject it until it is complete or to recommend the request for denial of the request regardless of its potential merit. Applicant's Signature App'icanfs Signature; Date Data. OWNER'S ACKNOWLEDGEMENT: The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City Staff, consultants, agents. Comm.ission & Council Members for purposes of investigal on and verification of this request. Owner's Signature; Owner's Signature;T L> /Date Date Applicant must have all submittals into the City offees 25 days before the Planning Commission Meeting. Planning Com.mission Meetings are normally 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 representative attend in place of the applicant and advise the City Planner assigned to your project. City of Orono Pre-Application Meeting Form (This form .s to be completed by a City Planner during ycur p-e-ago: eat en rrect no •) Sveef heiress 2750 Ke ey Parkway Crone MN 55355 Mam 952-249-4500 Fax 952-249-4516 Mailing Address Fq’ Of* Ce L'se Only P O Box 56 C ty P anne* ^ . Crystal Bay .VN 55323-0C55 Meeting Cate/Time PC Date 'f)\/t-hn n What is the purpose of a pre-application meeting?wnai IS me purpose oi a Pre-applicbtion meetings aid the aopiicant in preparing a complete proposal, irforrr. tnerm cf the procedures and requirements of the city code, and identify policies or regjiat ons that create opportunities or problerrs for the proposal PROPERTY INFORMATION- Site Address ^t/ri ^Ay Property Identification Number (PIN) Zoning District: L9-'\0____Size of Property nfi ’ //? DESCRIPTION OF REQ^^T: □ Average Setback jC%Jde Yard Setback ^Rear Yard Setback C Harccover C Lot Coverage C Let Area □ P'ori Yard Seioack □ Lot WidthC Harccover C Lot Coverage t Lot Area u Lot vviotn □ Other. 'll) r:yn'U'f' Appl.cants ✓/•>/)^^ARDSHlP: Applicant has received the Hardship Documentat on Form. Initials: ^LAJO understands it as it has been exp'ained to them, and is a^vare that it must I be completed and submitted m conjunction vy th the.r forma' variance application. OTHER INFORMATION: ___________________________________________________ t L *Please note: Your variance application will NOT be accepted without a pre-apphcation meeting during whicn this form will be completed by City staff. . V. A'd __________Date: ~7^Applicant Signature: C \ •• i I EXHIBIT B Page 1 of 3 HARDSHIP DOCUMENTATION FORM This form is a rcqui.’ed submittal for ALL variance applications. An app'icatcn vv/. be cors'de'ed cc*rp!ete o'- p ’acaa or. ary *nee! 'o agendas urr;! this ^C'ti is ccxp'ete arc submitted to the City _________________ f.Vrr.escta State Statue Sect on 3S4 27. Sutd vs-cr 7 reo-'es tnat a '-a'csro be demcnstrated in order for a va'iance to be granted Tre ‘•ardship must te ur’oue .o the propeny as variances run with the land and net the la"d c^-er. Personal and ezonerr c situations are not considered valid hardships In order for an application to be hea'C Cy t‘'e P'annipg Comr. ss.on ana City Ccu.ncii a hardship having mer t must ca demonstrated HOW DO I PROVE A HARDSHIP? Tms form has 12 pomts outlining tne bass C^ty staff uses to bete"n-.e .. a harosn p exists ana how the var ance will affect the sur'curo.ng cc.mm.unity To prove a hardship, address all the relevant points listed below a-o answer them as clearly as possible S nee >cu are reauestmg the code exception, you have the burden of proving that the variance is justified. Tre information the C'ty rece.ves s .vnat is used n determ. n ng a den a: or approval fecom.mendat cn if ycu lea^e Cumetn -g out -t v. i' rot be cers dereo Please address each of these hardship entena as they rc'ate to tne 'ec-est vseme rray not apply). 1 •The property in question cannot be put to a -easonab e use f used under conditors a'lov^ed by the official controls" , .a /) ‘The plight of the landowner is due tc circumstances un que to ris c^openy net created by the landcwnc'' J a /) ill not a'ter ire essent-a character c* tne loca'ity *-Tne variance if granted.^--------------- -----------------^ -----------------^ OP WA ____________________________ -Eccncmic ccns-derations aiore shal ret constitute an undue hardsn.p if reasonable use for the p'ORerty exists under U-e tenrs of the Zoning Chapter • RmC^AT. 3m>r y^s“TTyA-r- i/rd a,a.«. s TfM. p^?<*-ry. A' ‘7-:-!h. /n • I /' '1 — *Ll-> Page 3 of 3 •The grariing of such va' ance will not merely serve as a convenience to the »pp"gnr /» ^JSv* 77Mr Should you feel the hardship cannot fully be described in the above criteria, descnbe the un que hardship, practical difficulty or unusual property condit;ons prevert.ng compliance with Zoning Ordinance rcqj!'’ements in tne foUowirg lines {attach add.tonai sheets if necessary) r > iiu "‘"jZ r EXHIBIT C ADJACENT PROPERTY OWNERS' ACKNOWLEDGEMENT FORM [priprint pame(s)l lernt asd'-ess] nave rev;e*ed tf.e p ans for the proposed improverrert or proposed use cf tne oropely located at also referred to as Land Use Apoitcat on No --------------- use 'equi-es Council approval. Property Owne r-.'/ Date properly Owner Date I (we) (print nane(s)J Ipmt adoressj have reviewed the plans for the proposed .n^prove-^ent o' propdsea u«e of the prcoerty located at a'so referred to as Larid Use Appiicatior No --------------- I (we) understand that in executing this acknowledgement. I (we) am (a'e) not asteo to declare approval or disapproval of the property or use but rrerely to confrm for the Oty Councl that I (we) am (are) aware of the improvement plans and that the proposeo re ghbor's project or use requires Council app'oval Property Owner Date Property Owner Date If you have any information tnat may assist the City in the review of this Land Use Application, please submit your comments to the Building & Zoning Office at least 10 days pr or to the scheduled meeting date r r ’ - I ^ • t I jiM o's r. r> 'C»• « pp.N 87'«8' 19" t\ /aS5T •••.. ' &0 EXISTING HOUSE #3925 PROPOSED /MWTON /r -» M M l»0 ^^ too PROPOSED o AOWTioN f;PROPOSED-BrACKTOP DRIVEWAY ^ \ ni / Morato sorai // / \ K j / ir /s ^" N 88 “36' 25" ^ \ 143.95ir«swa 144.33**«» t«t EXISTING LEGAL DESCRIPTION : r'^Lo' J EXHIBITG 0.9 hMCMOitr Hiul HARDCOVER CALCULATION WORKS SETBACK ZONE: (CIRCLE ONE) EXISTING HARDCOVER IN 20NT A House __________ B Cartge C. Dnvewiy D Sidewiik E Paiio/Deck F LtndKspe Undcftaui By PIuuc Or ribnc 0 Other 0.7S* X X X X TS-ISO* :SH£ET (250-500^503.1000 ’ Ler^’-h TA-,6? TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A _______________ - B PROPOSED HARDCOVER IN ZONE A House ________ x B Ctrise C Dnveusy D Sidewalk E PitioDeck X 100 Z7 1016 w«^ VI.0 h^8 \h.O 5.9 21.^ F. Landscape Under la^ By Plasxic Or Fabnc 0. Other 1179 9.^3 MO JLIT, TOTAL HARDCOVER N ZONE TOTAL PROPERTY AREA IN ZONE A _______________ • B Ult 17.139 SF SF Sf SF ,SF SF SF SF .SF SF SF. SF SF SF. V. sf -HIU? SF-i’.^-p 5P 'SF __ afCiJ-i f.a£o ,SF - jjxvrt C.i<Ji SF -c.vrcr SF -S’-rr.: . S F - S'Ofiur t)4 SF . !sf SF SF SF £<.«! •sf-. SF - v.AutS-’J II > ‘00 Z» SF SF. H mSSSTmSS# i! I Wtst X«=ar If II II L (WMUS^ATim ic:’"'' IsioO ft.-.r\-x>ht It: r»r Al m X S ES H r I : pHDL" r- =\SRS3 98SS^ .CPM10N XmmSmiSS^’i^SmSrSmSn (;^ipyy*yi!ig!sa i?5E?iS?“«^ t»;amnEssa:r —“ l^u IWDtLOPitlON .9«noNi i IV ^>9 i S Hr. \ m : r RUN DATE. nVXM HENNtflN SmS™^T»xPAvr».rRv,m ) OF MY Ki.OMJ DGE ANDHI-UEF^^^ /^y > W! ^ / J It r^. y^\ p ■ .,,; •• .. ,f. ,-i ,:i . - ‘ «(’ ittita •04J046 Attgyit 16.2004 Page 3 of 3 3. Complete wall replacement, 4. Refuse of all mechanical systems, including sprinkler system, heating and electrical Staff would normally request to see building permit plans if there is some uncertainty as to the amount of work conducted. No formal building plar« have been submitted for staff to analyze as the structure is already complete. In order for aRer-the*fact building permit plans to be approved, building plans of what was done will need to be su»-niticd, however they are not ready at this time. If the new garage met w hat is considered maintenance, a side setback variance is justified as every property owner has the ability to maintain their non-conforming structures. Under this scenario only the side setback variance would be required and staff would recommend approval. If the new garage's improvements met the rebuild threshold, a side setback variance is not justified The garage could have easily been rebuilt to meet a 10* setback. However, under this scenario a hardcover review would be required as the applicant ’s property is at 35% hardcover within the 75’-250‘ lake setback zone. Staff Rccomnendalion Staff would recommend approval of the after-the-fact side yard setback variance request should the Planning Commission determine that the improvements made to the building qualify as maintenance. Staff would recommend denial of the requested aficr-lhe-uct side setback variance if the improvements made to the building met the threshold of a rebuild. The applicants undj.' this scenario must move the garage to meet a 10 ’ setback from the side lot line and undergo a hardcover review and ultimately variance approval process. If the Planning Commission determines this is the correct course of action, the applicant must move the garage to meet a 10 ’ setback. The applicant could be given guidance as far as the required hardcover variance review and what the Commission may approve (i.c. approval of 35% hardcover as no new hardcover is proposed or a reduction in hardcover, and to what level). EXHIBIT A City of Orono Variance Application Sfreef Address 2750 Kelley Parkway Orono. 55356 MaT 952-249-4600 fax 952-249-4616 Mailing Address: PO Box66 Crystal Bay. MN 55323-0056 App'cat ont! ______ ___ Cate Recmved *7^// jc */_ A-nouPl Pa d JiA 2CC> Sta*f iKAiLF' Fee S50C Re'^ewa! S300 After-the-fact St 200 PoLSie Fee Tr» s app’cat-on fonn nust be ca-rpieted m h. i Appicar.t wvi be rvjtif ed witnin 15 oays as to the status cf tbe acp-<catoo Incomplete applications will not be placed on Planning Commission Agendas. PROPERTY INFORMATION; SiteAflCrcss 2480 Q!d Beac^ Road Property Identifcaton Number (PifA il: 117-23-22-OOC4 (Attach legal descr ption lo appKation i not trduded on tro su^ey ) Date Property Acquired (month'year) Apr 11998_______________ Present use of property: S Residentii □Other ____________ Zorting District: LR-IB_________— □ Yes. I ow- the adjacent parce's APPLICANT INFORMATION: (Como'ete legal nam.es and mar.tai s*.alus requ'-ed for each interested pady) Name Robed W MacDona c Pror'e (nome) 952-471-8116 Address: 2490 Old Beach Road O’^onp nu 5539* Email __________— Prone (werK); OWNER INFORMATION; (Complex legal names and manta' status required for each interested party) Name Robed and Brenda Zoe MacDona'd _________ __Name Robed Y7 and Brenda Zoe M___________ Pnone(home) 952-471-8116________________ Address: 2480 0<d Beach Read. Orono. MN 55391 EmaJ_________________________________ Phene (wc'k) DESCRIPTION OF REQUEST: Estimated Project Cost S 3Q.SQ3 Describe the reques' .1 or'taJ (attach aoditonai sheets >f necessary) Recon8td.ct <n of Q^c np, 2 car ce'acrej oa>aoe m onotnal xicat on w.th a raised floor to solve mc.sture problem anc an err^anced roof desen to_ma_ke the aoneyyice xi»mo>ementarv to tne man house A variance is *ecu red because cne c omer of the y c nai oaraoe was 8 4 fc*»t from thio side probortv lire rat*^e* than 1Q feet as 'eo u "ed by hie cunent zpn ng — _ Mat -X 2»ST26*I r City of Orono Pre*Application Meeting Form ________n>.s form Is to te conpieted by a C ty P*a~nef C-^nrg your p'e-aop ’.caVor free! rg •) Street Address: Mailing Aadress: fqr Qtficg VSg-QOlit. 2750 Kelley Parkway P O Box 66 City P.anner -------------- Orono. MN 55356 Crystal Bay. MN 553?3 0C66 Veetir^g Oate/Time —VQ^'^ _ PC Date AuCJSt Mcetirj Mai 952-249-4600 Fax 952-249-4616 _3J.0_ What is th9 purpose of a pra-applicatlon meeting? Pre-apoix:at or meetings aid the applicant in preparing a corrpiete proposal, mfom tnem of mo procedures and requ rements of the c ty code, and .deni.fy ponc.es or regulations mat c-eate oppcriur.tios or problems tor me proposal. PROPERTY INFORMATION Site Address 2480 Old 9c ac^ Road Property Identification Number (PIN); 21-11-7-23-22-0004 . ,.— Zoning Distr.ct; LR-IB ___________________ Sze of Property; 2 ag.’js. DESCRIPTION OF REQUEST: Q Average Setback H Side Yard Setback O Hardcover Q Lot Coverage Q Other ______________________________ □ Rear Yard Setback □ Lot Area Q Front Yard Setback □ LotV^idth Applicants In tia's __ HARDSHIP: App. cant has received the Hardship Documentation Form, unde'starids it as it nas been exp'ained to mem, and is aware mat it must ce comp'eled ano submitted m ccrjunclion with the>r formal variance appi cation OTHER INFORMATION: ’Please note: Your variance application wH NOT be accepted wimout a pre-appiicat.on meeting during which this formwiU^ cgmgi^ed by City cia Applicant Slgnitu^T^ ^ :5osTsevi c/i:'.. •• ~r ''w > EXHIBITS LEONARD, STREET AND DEINARD July 21.2004 AtSOCiATIO'*Matthew B. Seltzer 612-335-7116 maiihew.scltzer(alecnard cor: I'la Personal Delivery Ctty of Otono Attn: Janice J. Gundlach City Planiter 2730 Kelley Parkway Orono. Ni'N 55356 Re: Robert tP. MacDonald AppUcatwn for Variance, 24S0 Old Reach Road Dear Ms Gundlach; Enclosed please find the following m support of Robert W. MacDonald's application for a set back variance. 1 . Pre-Application Meeting Fonn. 2. Application Fonn 3 Hardship Dociinicnianon Fonn 4. Certified property owner's list, labels and plat map 5 Photographs of elevation views of rcccnstnxted garage. 6 Check payable to the City of Orono for SI .200 after-the-fact application fee. I undcistand that you already have a survey and a photograph of lire original garage on file and that there is no need to resubmit these items. As we discussed. 1 understand that you will also process an amendment to resolution number 5032 on the conditional use permit for the non-rental guest apartment. Please let me know if you have any questions or comments, or if I can be of assistance in any way. Thank you very much. Veiy truly ycuis. Leonard, Street and Delnard, P.A. Matthew B. Seltzer MBS/kaa Enclosures cc; Robert W. MacDonald (w/cncls.) no South Fiitm Stmit Suits i}oo Mi.vHiAfOtii. Mikhuota i«40i Til «ii-ns >Soo -as iia jis-itp tAW OfllCtl IH HIMHIAPOLIt, tAIMT »AUt, MAHKATO, TAINT CLOUD AND WASMtHCTOH. F !} P ' :S0S49M WWW.ltOHASD.COM - i . A?: ; I.-.*-'* EXHIBIT C HARDSHIP DOCUMENTATION FORM This form is a requirod submittal for ALL variance applications. An applicahcn w.:i rc: ae ccns'Cered complete or places on any mco*. rg aaercas jnlii t** s ’s"n .$ comp ete and sjom fea •: the C*ty_______________________________________ Mtnresota Stale Statue Sect on 394 27, S-DOiv.s on 7 requires mat a hardsh o te Cfc.-no"5:.'ated »n oroer for a variance to Pe granted The hardship must be unique to the property as va' ances run ,v th tr'c land and not fe <and owner Persanat and eccnomc situat'oni are not considered va'id hardships in orser for an application to be heard by me P ann.ng Comm.ss on ano C ty Courc : a haresh o having me* t -st DC dc-n.orst'ated HOW DO I PROVE A HARDSHIP? This form has 12 points outlining the basis City staf' uses to deler.-n.ne if a nards'-.ip exists nnd how tno var ance w. i affect the sur-ouroing commun ly To prove a ha'dsnip. address a!i the roiovari po nts .sted bc'ow and answer them as dca'iy as possible S "ce you are rec-estmg the code exception, you have the burden of proving that the variance is justified. Tr'c i''formation ino City receives is what is used m celerrmr ng a den al or aoorova' rocommendation. It you leave something out it will not be considered. P>ease address each of these ha'dsh.p critena as they relate to the request (som.c may not apply) "The property in quest on ca.nnot be put to a reasonab e use .t used under conc.t ons ai c^ed by the o'ficai controls * Tne u-d jQ nci'CSh g standa rd ^ecu '•es 3 sna.v —g in.T me landowners wou'g ' to wse tneir o^ooeMv n a •essonabie "■’arne ' that is prono ted bv ord nance Here, tne a'-do/.fvs p o rosy to eon.t nue to use t"e c^o rertv m me so'^^e ^ar^npr a s t was w^cn tngv purchase d t o-opos o d use s reasenar 'r ncohOornood "The p gM of me .ancow'^c' s due to c.rcun-.stanccs -nique to his prope'ty not ceated t> me la-downor ■ The o-i3Ji3_detached garden w.ns " p» sterc e pr or to t*-e acau>s tipn o* the oropertv pv the current owners _______________________________________________________ "The variance, if granted. w.U not aUer the essential character of me loca <ty " The Purpose o* the va-ante :s to -co'ace t**e ortomal oarace n its pno na ‘ tocation Tnere s no chance to the character o* the locality _________________________________________ “Economic considerations alone s*'ai: net constitute an undue ha'csh p :f reasor'ob'e use for me property ex sts under tne terms ot me Zon/ig Chapter." 7 A r 250«IJ2«> --rr— *Urdje nardshtp a iso rcluces. but is not !>n ted to nacequate access tc d *ec: Sunils ’-! *or solar energy systerrs Variances sna" be g’anted for earth she'tered const'ucton as de' red m W.nresota Statutes. Sect on 116J 06. Subd. 2. when n harrrory w;th this Cr-apte* “ *The Board of Aopeala and Adjustments or tre Council may not pe'rnit as a vanarco any use that is not pe'm ttec unde- tn s Chapter fo' p'opcrty n the zone A*iore the affected pe-sor's land s located * A cetache .n private caraoe 'S a oe-m tted accesso-v use i’- tn 5 zone The Board cr Ccunc i f^ay oer-r, t as a var ance tn© tempora ’y use ot a ore-'ami y .we ’ rg as a two-famiiy dwelling “ The special conditions apply ng to the structure or land in question are peculiar to sucn property or immediately aCjOining p'operty " fhe comer tre y qmai detac-ec ca’see was constrjcted ^ess man to *c«»t from the s de property Ire, and this corg.t on was m existence >0 ’ many ve ai^s The conditions do not apply genera'V to other lard 0* structures n tne c s*nct ip wh ch said land ■s located " Tn s aopi cat on is aasyd uoon the fact t*-at the co-rer p* the or g ra: detached ca-aoe w js to oiher land o*' structures m tne c str ct Tne granting of the app' caticn is recessa'y for the p'eservaticr c-d er^oymert of a substantal property r ght of the applicant " The detached oaraoe is ar mportart cT-rom-t 0* tng preoerty tnat adds value arri corf p^tes to the eniov —cnt a"0 desiraD *itv of the procertv The o* am j ccrase had dcterio-ated cue to mo stu’e cobiems arc occome ^.rs c*~t.y Recorst ’uct or o* tre oa-ase w tn 3 ra see * cc*' a sound structure, and an attract ve e^’e-io* trat comoie-’-ents t-e rna - ricusc helps to srese>-ve the va'ue of the proportv a-d the aoo cant's property r chts ano cnnapcos the roicnoomcod The grant,ng 0* the proposed variance wiJ rot m a-'y way tmoj r hea tn. safety, comfort r^ora s. or m any other respect be contrary to tre intent of the Zon ng Code * The crant rg of the variance to reconst ’uct t^e or cira’ caraon m its cr Oira' ocation does rot change any cordit ons m the netchborhood o- r-arm any reinhbor or morrber of the eupi e The carace s scrcereo from re re c**oc- "s prooe^v bv means o* an e*ist ’-a fence '*'he crcroachment ucon the setback ’S very small cons-st rc of only one corner c* tre ca-ace a-d oriy 1 5 feet. Reconstruction of the carace m its one nal 'ocaton w tn its c-'Oonai Cincns crs Coes not aod any new hardcover Reconstruct on of the deteriorated structure ‘mprovos o-Pl e health and comfort.__________________________________________________________ .» f- V 25CSIJM .i'. ‘Urdje hardship also rduces. but ts not iim ted to nadeq-ate access tc d rect s jni'g‘-t ‘or scia' e-ergy systerrs Variances s^a" be g'anted for eann sne tered constructor as dc^red m f/.nr.esota Statutes. Sec on 1t6J 06. Sabd. 2. when ^ narrrory w.tn tnis Cnapte* ’ "The Board of Aopeais and Adj jstments or tno Council nay not pe*nit as a va'.arce any use that >s not pern tied unde- tn s Chapter fo' property n the ^o^o Ahere the a*focted po-scr's lard s loca'od " A eotacnea pr.vate ca-ace is a oe-n tree accessory use ^ tn s zone Tro Board cr Ccu“c i rray pern t as a varance ne tenpora'y use of a cre-'arrv y oac' rg as a Nws-fanily dwvc'ling ' The special conditions applying to the structure or land m question are pecu'iar to suen property or mmediotely adjoining property " The corner of tre pr omai detpened ga*ace was constr..e *ed less than tO *eef fron the s dc pfg;>yrtv ‘ ~e a-d tnis corg.t on a35 in existence >o" n any years ________________________ "The conditions dc not apply genera''y to other lard o' structures n tne d strict in Ah cn said land >s located " Tn s aoQi cat on is oase d uoon tne fact t**at tne conor of the pr o rai detacrpci co'ar.e w.is corstrjcted less tnan to feet from the side orooerty lire Tn s conct'cn does rqt app v qere'o' y to other land or structures m tno d str ct_____________________________. 'Tne granting of the app' caticn is r.ecessa'y for the p'eservat.cr c-d er,o>rrent of a substantal property r ght of the applicant * The detacned caraoe >s an rrppftart c •I'^pore^t o* tne arcoertv fat adds va*je and corh putes to the eriovncnt a"d desiraP ''tv of the proceriv Th e o* gif'a carace had deteriorated cue to rro sture g-Qpierrs and pocpne uns cht.y Reconstruction of the oarage w th a ra sed * cc' a sound structure, and an attract ve e^*e*iO ’’ tnat compien ents t**e rra " ncjso helps to preserve th e va'ue of the ofooertv 0"h «ho apj cant's property r chts and ennarcos the '•n g^^OornccO "The granting o' the propcsed variance writ rot in any way mrpair health, safety, corrfon, rrorais. or in any other respect be conbary to tne intent o' the 2on ng Code " The crant r»Q of the variance to reccnsfuc t*-e or e ra* c.vnpe n ts c*q '•a ocatio'* dses not change any cor*dit ons in tne ncicnbo’nood o* '•arm any re.ghbe*’ or r^errper of «he cu5 ’ e The I s screened fro-n tne ne c"0c- "c orooertv Dv nneans o* an e^ist-r^g fence '''neearace encroachment ucon the setbacK is very small cor.sist nc of only one corner o* the carace and only t 5 feet. Reconstruction of the carace n its ong nal location w tn its c*’QOnai dimensions coos not add any new '’ardeever Reconstruct on of the deteriorated structure 'moroves O-Pi c health and comfort.___________________________________________________________ ffJF V'. • I •/t ’A /rXi \J L * L 12.*Tne granting of »uch variance wiH not merely serve as a convenience to U'e applicant, but is necessary to alleviate demonstrab.e ha'dshg or difficulty * Tne Qftoioal oaraoe naO oecome deteriorateo due to mo:stu'e A var a*>ce for reconstruct o'^ of tne oaraoe in its ofioinal location results ‘fi no cnaroc to tt>e loca itv and recu res rp add: onaj cha*>oes to the site or its layout Hardship Statement Should you feel the hardship cannot futly be described In the above cntena. descr.be the unique hardship, practcal difficulty or unusual property conditions prevenuig compliance vn.th 2or.rf>g Oromarce requirements in the foWowing Imes (attach add tional sheets rf necessary) The undue hardship standard does not prohibit the crantipo o* set back variances ■* the variance is In Keeping with the spirit and intent of the ordinance Th s aaoiicet or^ is reasonable end w.th n the spirit and intent of the ordinance because it is for a minor variance M 5 >eet) of a corner of the oarace mto the 10 foot setback area The variance <8 to allow reconstruction o* the Qe*~.oe in i,he or p nal ipcation, Triere wll be no chance to the essentia^ character of the community Nor will the variance be contraryjo or mcofs stent vwith rcai’zation of the ooals of the comprehensive p an and the zon.no o'dmance______ r r •1 f'- / i u ■■ 2i05t32«l EXHIBIT D -APSCOvtR AREAS ►•••Viirt ii3»J IV*» ►;a t*e aaaS »>'*XX! 31-. »jr •<«.«« I:«» Mtat ••••MM IM }1MI «• :»«t] •»t> («}<) <3<]* |)««1} t4» Ui >11 »»• <•*« «r»^* •», ••(••• 1 > •»#! !•« «>»»»■ •' a( (••I •» l«< J • >na« •• }•< I LCCAL OCSCRiPTlON i*« 1 M M iM* M>i •• iM I ‘fMom >^r • IM *•<• f I. <1 » n« M« (I •M >*l I* (Ml *1 (a,l»a*tl»4y c*»«> «►♦•••> u • <M •< <M «I. «(twi HJ • W« •• •'t •ttvC'y M i«t ad • W<*f I*#!« • •»«»* • • * »'•}■ »»• t •* J«»S M Kicwae*e o^o*o m. mm- •m *• MW~t€ »*•--« - I «r> • 0<>a<tt li**« •#•«• - 9—4 Ctll • C>«« n k>n• •• • 3*M4n • »-“»•.» W>'M* • C»-» ft tVM* M«‘«» (• Wxtrt • •*•« ■•!.' <»yi »t V4»kt .1 • •«-># » • I'M « ••'la 9n $• »Ki M rt (fi •<) »• - - - 9M«in ■ - — - e*M.« C« «• • t«. . . 6«^'n 0m*m4 uimi •«« t* tVy <••■*•• «MI tMI •• tMlx« KM« - (U <1 ••«■ (kSlC ••Ml 4 a* "T" • 9*mi*» r«»i* I’M ■• •»«••) .»•»» - g*ia>M MM »• Wm “ "• - ow«i« •«•>• o-*i*M* a** •* • •»! • Ovcti r«<* Mtaa^M g*ia^a _ »*• ■A A mw«* t»«■■■■« iC »ra<*« A m C>m> C- »»»»■* »«r.» (L OMiN t» ** OmSot S5mT* 0 OM«*n 9c* A 0M*<n TO Cmwm :••• 0*«* o* • *Tt*'* O'Ca'9 ••« 6»*« C^*C*t« <••'•■*9 IHf ________________ Ctj •' . W. JOB BOOH Number (i26-9?) riELO BOCK 59t PACE S6 m SCHOELL (Se MADSON. C nC wCCRS • SuSvlYOBS • PianncRS soa TtsTwtc • c*«\«ionwcntai scavccs I05S0 ■*»Z*tA BOuUvAAO WTt 1 *M#<fONHA MR 33309 1952) 5a-H0« rAi C952) 349-K93 :c«»»:-T :::: INC.f REVISIONS A >•0 DATE Bv •5?5CIIArON CUTi 1 1 1} 1 ------------------------- : —J!> —1— 4 Ia I 1 *1> t CERTiFlCAT'CN I h*<«3r i*fl»y tnei ixt *u'»«r ■«« prtpe'tO w'-d*» »"» *wp*'»»ac er€ l"flt < o<*« • L<*n**a I6"d Sm'mj** •'•'dtr 1»# '*•« •' l>it Stou Ol T-tOOO«t D «£MRA Dot* No >7X0 Cl'^ Robert MacDonald 2480 Old Beach Rood Orono, MN. 55391 SMI project NO 64005-001 I i i ...... ..........'mmmm i‘ 'O^ ■■■3- t,i '' VV • V ',1$; ••»• -rm ;■ -I n PVIrMitO OAf-Wir* «9RV^.^ *> . • « «■':! , •• ;.m -— ■*rt» rT»- ■' -'.v^j’-- r,:^i■■ >M V. '-V • :-. -'b-i . ♦.#■ : . •♦• «,. • . • '“•-li-" ■•• •*’ . J ' f . ■ • .;■< «.Ji^^irf;;•:>v;^.,:'r’rf ^ I t*fr V ^•y. rr Xs B H Ci ttUNDATEtlAVZOM n 2lll7iU]OQ01 raof ADM 2M0 OLD BEAO< RD OWNER HAME LABARntTTA A JICBAWIETTA TAXFAYE* IAWRENCEABARBLTTA NAME/AOM 2440OLDBCAOIRD WAV2ATAMN MW Jt 2111721220010 pttor ADM 2500 OLD REACH RO owner NAME JAMES RKREV TAWArER JAMES RKREV NAME/AOM old BEAai RD WAVZATAMN SMOi RACE I J| 2III72)2200(M rROTADOR 2AMOJDI1EACHRD OWNER NAME RORERT W MACOONALO TAXRAVER ROBERT W MACDONALD NAME/AOM 2410 OLD REACH RD WAVZATAMN SJW JR 211172)220017 niOR ADM 2451 OLD BEACH RD OWNER NAME L lUNOOUST A D LDNOOlRSr taxpayer LARRY a DONNAMAE LUNOQOIST NAME/AOOR 24)1 old ueacmrd WAVZATAMN 5)191 )■ 211112122000) PROP ADDR 2490 OLD BEACH RD OWNER NAME R A LUZAICH A O L liJZAICM taxpayer rjciiardaacailllumr :h NAME/AOM 2490 old beach RD WAVZATAMN ))19l U 211172)220011 PROP AOOR 2)0) OLD BEAL H RD OWNIRNAML R D SHERMAN a JOSIItRMAN TAXPAYER 70RR O^JACQUIUNE O SHJ RMAN NAMJ7ADUR 2M») OLD BLACH RD WAVZATAMN )))9I r rnCK LEONARD STREET AND DEiNARO (MON) 8. :6*04 9:20/ST. 9:!^ 4261040684 P 2 LEONARD, STREET AND DEINARO Ausust 13.2004 '■OUIMOKAL AitOCIAltON ChyofOiooo Atin: Janice J.Gundlach City Planner 27S0 Kelley Pufcway Orono, MN 5S3S6 Timotliy M. Kelley 612-335-1458 liinothy.kelley@leonaird.coiD Mv M0kert W. MtcDniMUAf^cmlM/cr I'MHMmce, 249$ OUBt^k M§ml Dear Janice: Thank you for lakuig the tiine to ditcuss with me the ftatui of Mr. MacDonald’s application and providing me with a copy of your planning commission lepoit. As you know, when Mr. MacDon^ purchased the propetly, it contained a nou-coofonnmg garage. The garage is nun« confonniDg because one comer of the garage it 8.4 fect from the aide property line rather than lU feet as required by the cinreot zoning code. Aside from the 1 6 foot setback vanance. the structure complia with all applicable zoning rcquireoMiU. Due to water damage, Mr. MacDonald had a coolractor repair the garage by removing the walls and installing a new roof The repair wrwk was necessary to correct the water damage. The garage remains on the same slab—the location did not change, and the original electrical pond, sprinkler controls, and heating system were maintained during the repair process. The one comer of the garage remains 8.4 feat ftom the side prepeity tine. Mr. MacDonald did not obtain a building permit for the repair work, and the City directed Mr. MacDonald to apply for an laa-the-fiKt variance. Mr. MacDonald complied with the City’s request and paid the Sl.200.00 fee for an after-the-fact variance, which I undenumd is double the amount of the standard variance application fee. Additiorully. Mr. MacDonald will pay alt appropriate building fees as provided for by the City Code. It IS my undostandiiig that dm Planmng Chnniaioo win hold a public heainig and provide the City Council with recommendations on two issues (1) whether Mr. MacDonald needs an after- Ihewfkl variwiec, and (2) if so. whcilMr Mr. MacDonald has satisfied the undue hardship stands^ If the City dctamincs Mr. MacDonald does not need an after-the-fact variunce, it is my pinion that Mr. MacDonald would then only have to apply for a building permit, pay the applicable fees, and have the Building Official inq)ect the property. I}. SwufM intit Stnn*»M Mimn«otA >t«oa Tkt fM •!».>,j-il,7 tA« araicM lit MurMiAA«m. Miit* ».wi, •aimt cte«» o.c. ismtthi VWV.UOMAaD COM iMil u. Ji€ FROM LEONARD STREET AKD OEINARD BMa. Janice J. Giiodlacb August 13.2004 P«g02 ;MCN; 8.16’04 9:20/Sr. 9:19/N0.426I040634 ? 3 Non-eoafa^ing As we UiicuMed, the MimiesoU legislature recently aroended state law concerning non* confoiming rtroctunt.* Minn. Stat. § 462.357. subd. 1(e). as amended, provides: **Any nooconfbnnity. iachiding the lawftil use or occupation of land or premises esixting at the tima of the adoption of an additional control unte this chapter, may be continued, tyiy^ag through repair, replacement, restoration, tnaintenancc. or improvement but not including expansion, unless: (1) the nonconfonnity or occupancy » ducontinued for a period of more than one year, or (2) any nonconforming use is destroyed by fire or other peril to the extent of greater than SO percent of its miiket value, and no building permit has been applied within 180 days of when the property is damaged.” Based on Miim. Stal $ 462.357. subd 1(e). it is my opinion that Mr. MacDonald does not need a variance because he repaired or maintained the non-coofonnmg structure.^ It is imporuni to recognize that the non-confoimity, the 8.4 setback from the side yard, did not mcrease OtherwiK. the gangc cocnpUcs with all applicable zoning requirements. Accordingly. I rcsjpoctfolly submit that Mr. MacDonald docs not need a variance and only needs to apply for a building permit ViriiDCC If the City were to detemiiae that Mr. MacDonald’s nacds lo apply for a varunce, it is clear that Mr. MauDunaU has met the luiduo hardship standard. ’The statutory undue hardship requirement does not mean that a propcity owner must show that the land cannot be put to any reasonable use without the variance. Rate, the undue hardahip standard requires a showing that the property owner would like to uk their pioperiy an a rcasotele manner that is prohibited by the ordinance.** Noland v. City of Eden frairie. 610N.W.2d 697.701 (Minn.Ci.App 2000). By iu very nature, a vanaoce necessarily requires a dqMtture from the City's ordinance. Here, the depaituie is 1.6 foct. To datennina whate tha variance is reasonable and is in keeping with the spint and inleai of lha erdmaoce. I raepactfoUy suhinit that the Planning Commission should consider the peopoaed use and the extent of tha varimcc requesL ihwjvcsdlimibisiahoiuyiatrpilrtibswIsoJnMybsMSsd. Ths Msmcipsl PUaeiag Act emtn • SMigIs. MWliaoBpiiicsdweUMtippttiUBanciltos. Miaa. Snt 1442.3SM6S. UiUiaaoMS muct campty with UwiubslimivsaBdF«»4wslwqMiwiUHrtiof»tsct ggeMsm SOL14S2 IS|.r7] <iich. ihs City'x leguimew nd nang dwkiuas amt cooply wM dM iskvsai «iiiii8(>) , Mian te 1462JS7. ste l(s) pnwite‘te Mnateuly "*y be CMtetd. AccatdiBgly..Nh.MwfViaald Indite right tpfqwkBrnsnntiinhu pwpwtywfte«cfwh>thotteoldorcarmuvwiiooofMiaa.Snt t462JS7.wbd. !(•) applies. ladihacaic. prapwiy ««Mis an aflowsd ta rspatr or msinUia iIm opiiamliMaiiiig suiiclurr. 2M«n«i , FnCM LEONAED STREET AND DEINARD M&.J«iccJ.OBQd)ach ' Au|utl3.2004 Pi<03 IKON) 8.16*04 9:20/ST. 9:19A0.4261040584 P 4 Here, the mpieit is reasoiuble because the City's Code pemits Mr. MacDonald to have a garage. Tba variance requests also is in keeping with die spirit and intent of the setback requirancBt beewse (1) it is 1.6 loot vahance request, and (2) .Mr. MacDonald's rqiairs did not changa the location of the garage. The Planning Cooimtaaion muat also consider whether the variance, if granted, would alter the eascBiial dunetcr of the neigbboibood Again, garages are permitled under the City's Code, and the vviflKC. if grvted. would simply allow the garage to remaiB in the sane loctfioa. As such, it is my opoiion no ftctual suppOT exisa for a finding that a garage alters the essential character of the neighborhood. Significanlly, the City's Code provides that the City will look favorable on variance requests for non-oonfonnities that relate to the location or height of the structure. Ordinance 78-71(10) provides: "The nooconfofmiog use provisions of this chapter apply only to the use to which land and buildings are put. and do not annlv to where location or heieht of stnictuees. lot tixe or other factors not iovoWuig the use of the praniscs prevent strKl coaAiniiaDce with the requirementa of this chapter. Where, however, lucA a iituaiton llv under the prior law, fflglfll yij! unfea«nnahly require strict compliance and B*"fallv look with favor of araniine s variance under diviiion 3. luhdiviskm n of thia airicle." In thia case, the City agrees that the garage is a lewfol oon-eonlbniimg use, and the variance requeri. if one is required, relates to the locatioo of iba structure. Therefore, the City's Code provides that the Council will ool unreasonably require shict compliance and will generally look with favor of grantmg a variance such aa Mr. MacDonald's request As such, even if the City were to determine Mr. MacDonald needs a variance, a variance is justified. Mr. MacDonald mamtami that a variance is not lequired because MimicsoU law allows a property owner to repair or maintain a nep<onfbttmty. Ihe work done by Mr. MacDonald did not changa the setback of the atructura, and tfacrelere, it is my opinion Mr. MacDonald docs not need a variance. However, if the City dclemiincs Mr. MacDon ald does need a variance, the facta demoostraie such a variance is wamoaed. i iibilM MINUTES OF THE ORONO PLANNING COMMISSION MEETING MONDAY, JULY 19.2004 6:00 o ’clock p.m. ROLL The Commission met on the above mentioned date uiih the following members present: Chair David Rahn; Commissioners Jim Leslie, Cynthia Bremer, Ralph Kempf. Roland Jurgens III. J. Marc Fnuler and Alternate Janice Berg; City Council Liaison Bob Sansevere: Representing staff were Planner Melanie Curtis. Planner Janice Gundlach and Recorder Glenda D. Spiotia. Chair David Rahn called the meeting to order at 6:01 p.m. ♦CONSENT Chair Rahn recommended adding Item el2. Application >rO4*3038. Darrell and Karin Anderson and Bruce Dayton, 900/925/965 Old Long Lake Road, Subdivision to the Consent Agenda. Chair Rahn indicated there was a consensus to add Application #04-3038 to the Consent Agenda. *1. 04-3032 CHARLES AND KOSEANNE SIMPSON, 2095 KEIXY AVENUE, VARIANCE, PUBLIC HEARING (6:01-6:04 p.m.) Charles Shnpson. applicant, was present. Chair Rahn asked for public comments. There w ere none. Rahn moved, Frililcr seconded, to recommend approval of Application #04-3032, Charles and Roscanne Simpson, 2695 Kelly Avenue, granting the following variances in order to consirucl a new residence on an eibilng lot: 1. Lot area variance to permit const met ion of a new residence on a lot that b 0.61 acres in area when 1.0 acres b normally re<|nlrcd. 2. Lot width variance to permit constmetion of a new residence on a lot that is 67.5 feel in width at the shoreline and 107.5 feet in width at the 75 foot setback when 140 feet b normally re<)ulrcd; and, stlpnlating implementation of the recommendations of the City Engineer letter dated July 6,2004. VOTE: Ayes 7, Nays 0. ♦2. #04-3034 ROBERT P. MACK. I5M SIXTH AVENUE NORTH, CONDITIONAL USE PERMIT, PUBLIC HEARING (6:01-6:04 p.m.) Curtis advised that applicant, Robert P. Mack, 1580 Sixth Avenue North, requested Application #04-3034, for a Con^lional Use Permit be removed from the Consent Agen^ and tabled pending Anther engmccring woric. Chair Rahn asked for public comments regarding tabling of Application #04-3034. There were none. Rahn moved, FrMilcr seconded, to table AppBeatlon #04-3034, Robert P. Mack, ISM Sisih Avenne North, Conditional Use Permit VOTE: Ayce7,N#yfO. Page 1 of 13 dbft, MINUTES OF THE ORONO PLANNING COMMISSION MEETING MONDAY. JULY 19,2004 6:00 o'clock p.m. *3. MM-M3S MARK D. STROBEL, 525 HUNTER PASS, CONDITIONAL USE PERMIT. PUBLIC HEARING (6:11-4:04 p.m.) Chair Rahn asked for public comments. There were none. Ralia moved. Frililer aecooded, to recommend approval of Application #04-3035, Stark D. Sirobel, 525 Hnnter Past, granting a conditional nse permit to allow plumbing In an accessory building in order to construct a bathroom coosbling of a loilei, sink and shower within the eaisling pool cabana, and stipulating the applicant eiccutes the covenant provided within the Zoning Ordinance staling the use will not be used for a home occupation, dwelling unit or rented/leased. VOTE: Ayes 7, Nays 0. OLD BUSINESS 4. #04-3007 HAROLD AND MILDRED BOWER, 1925 LAKES lEW TERRACE, VARIANCE, PUBLIC HEARING (6:05-6:18 p.m.) Marc Brickman. Coldwell Banker/Buniet Realty, 19400 HW7. 7, Excelsior. MN, representing the applicants, was present. Gundlach referred to new information received since the lo.st stafT report.^ were pros idcU to the Planning Commission, as outlined on Page 2 of the July 15. 2004 Staff Report: • MCWD approved the wetland delineation as presented by the applicants. • City Engineer provided comments regarding stormwater management implications of amending the wetland map and allowing the lot to be buildable. • City Attorney provided an opinion regarding the City’s obligation to amend the City's wetland map. • City wetlands consultant, John Smyth, indicated there is currently no wetland basis to deny buildability of the site. Gundlach advised there is no basis to deny the buildability of the lot but if the City’s wetland map is amended and the applicant is allowed to construct a home on the lot, staff recommended ten conditions, as listed on Page 3 of the July 15.2004 Staff Report, that need to be met. Chair Rahn asked for public comments. There were none. Bremer asked Mr. Brickman what his role was in this maner. Mr. Bnckman explained that he is the listing agent for the Bower’s and had facilitated in providing the required information from the Bow er’s. He stated the Bower’s had diligently complied w ith requests from the City, MCWD and Heruiepin County. Bremer asked Mr. Brickman if the applicants had any problems w ith the ten proposed coruJitions. Mr. Brickman indicated the applicants' understand t^ proposed conditions and that he was authorized to speak on behalf of the applicants. GundUch illustrated the subject properly location and the implications of the proposed conditions. Page2ofl3 MINUTES OK THE ORONO PLANNING COMMISSION MEETING MONDAY, JULY 19. 2004 6:00 o’clock p.m. (4. m-3i07 HAROLD AND MILDRED BOWER, 1929 LAKEVIEW' TERRACE, VARIANCE, PUBLIC HEARING^ CoiiHnMcd) Chair Rahn commented that in the original 1961 plat this property was not meant to be an outlet but had the same value as the other platted lots and it is sized similarly to others in the plat. He stated that w ith tliose observations and staffs recommendation, he supported the applicants’ requests. Leslie moved, Rokn seconded, lo recommend approval of Applicolioo Harold and Mildred Bower, owners of 1929 Lakeview Terrace, reqnestinf resislon of tke City’s Jane 1979 Wetlands Inventory and Classification to exdode the portions of this vacant lot that are not wetland nnder the recent delineation, and granting a lot area variance to allow the lot to be sold as a bnihUng site, wHh the following conditions: 1. The deNncated wetland and a 26* bnffer around its perimeter shall be sabjcct to a Consen'alion and Flowagc Easement, which will disallow any nifing or structures wHhin the wetland and buBer area. 2. An additional drainage easement shall be required along the route of the ditch, to the 1012* elevation contour. No filling, structures or obstructions may be allowed within the drainage easement. 3. All structnres shall be set back a minimum of If from the drainage casement, to allow for protection of the structures and to allow access to the rear of the house. 4. The lot shall also be subject to the standard LR-IA setbacks of 90’ fkont and rear, 30' on the sides. The various setback requirements noted here and above result In a bulldable envelope approximately 90* deep by 75’ wide. 9. A driveway to access tke site shall be located so that it meets the required wetland setbacks and docs not encroach the drainage easements. 6. Lowest habitable floor elevation shall be no lower than elevation 1014’. 7. Prior to Council actioo on the variance application, applicant shall provide for City Engineer approval a schematic house design and grading plan showing how aM of the above conditions can be satisfied. 8. Prior to issuance of building permits, applicant shall provide sufficient saih/gcotechnical and design information to establish that the proposed Improvements will be structurally viable. 9. The City will concurrently with the resolution of variance approval adopt an ordinance amending the City’s wetland map. 1^. Applicant shall grant an easement and construct stormwater rate and quality control ponding in the area west of the existing dHch. Applicant shall participate in the costs of replacrment of the cuhert under Lakeview Terrace. VOTE; .Ayes 7, Nays 0. 9. 404-3926 David Pumije, 801 Tonkawa Road, Variance, Public Hearing (6:18-6:28 p.m.) Anthony Sequira. Righiway General Contractor. Inc., representing the applicant, was present. Cunts explained the applicant request for after-the-fact lake setback anj 0-7S’ hardcover variances in order to reconstruct (and reconfigure) a deck, consisting of the following: a. Hardcover within 0-75’ of 11•/• or 3,464.3 s.f. Page 3 of 13 MINUTES OF THE ORONO PLANNING COMMISSION MEETING MONDAY. JULY 19,2004 6:00 o'clock p.m. (S. M4-M26 DsvM PoariKMl TmAsw* Rood, Vorteace, MIk Hcortof- CoattaiMd) b. Lake set bock variance to allow a deck setback of 39’ where 75* is required and 49* currently exisu (house). c. Bluff impact zone encroachment of 25'. Cunis referred to the 1992 variance approval for this property resulted in hardcover removal. Since that time, the existing path to the lake had been upgraded to a 4' stone paver path with stairs, which provide a safer path down the steep slope. She indicated staff determined that the hardcover calculated in 1992 did not include this existing path and now makes it appear that the 2004 hardcover calculation is 2% higher than in 1992. The path hardcover accounts for the additional 2%, not an iiKrease in the size of the deck. Curtis stated staff found that due to the existing location of the home there may be a hardship to allow the deck to be rebuilt. Additionally, the deck provides a safe "yard” area for the applicants to enjoy the lakeside of their property from the home. Curtis recommended approval of the after-the-fact lake setback and hardcover variances as the location of the existing home and replacement nearly in-kind of a pre-existing deteriorated non- conforming deck constihile hardship in this situation. Mr. Sequira pointed out the proposed deck poction to the south eliminates the 18 ’’ drop to existing pavers at the doorway that exists the dining area. He stated ihcir goal is to create a level area os it is close to the bluff to make it safer when stepping from the house. Chair Rahn asked Mr. Sequira if the submitted hardcover calculations reflect this deck pinion. Mr. Sequira indicated that the hardcover calculations do include this deck area, and referred to Exhibit E. for clarification. There followed a discussion that clarified exactly what hardcover calculations had been approved in 1992 and what was included or excluded from the 2004 hardcover calculations. Chair Rahn summarized that the rebuilding of the existing deck has no further encroachment into the 0-75' setback. Chair Rahn asked for public comments. There were none. Jurgens asked for further clarification of the proposed hardcover calculations, referring to Page 3 of the June 15.2004 Staff Report. Chair Rahn requested the record to indicate that the hardcover calculation increase from 11.1% to l3.2°/b results from the allowed path/access to the lake and not fix>m any additional deck hardcovei. Bremer moved, Kempf sccMded, to rccomoseod approval of Appikatioo #04-3926, David Pomlje, 801 Tookawa Rood, graotlof after-the-fact lake setback aod 0-75* hardcov er variaocct In or^r to rcconstrnct (and reconfigure) a deck, consisting of the fallowing: a. Hardcover wilhhi 0-75* of 11% or 3,404Js.f. b. Lake set back variance to allow a deck setback of 39* where 75* is required and 49* currently exists (hanse). c. Bluir impact zone encroachment of 29*. VOTE: Ayes 7, Nays 0. Page4ofl3 MINUTES OF THE ORONO PLANNING COMMISSION MEETING MONDAY, JULY 19. 2004 6:00 o’clock p.m. NEW BUSINllSS 6. M4-M29 MICHAEL KEAVENY, 3423/3425 SHORELINE DRIVE, COMMERCIAL SITE PLAN REVIEW, PUBLIC HEARING (6:29*6:45 p.m.) Michael KcAvcny, applicant, was present. Gundlach introduced the application for commercial site plan resiew in order to conduct improvements to the existing building. The applicant requested the following: 1) Commercial site plan review in order to obtain a building permit to construct a new entrance at the rear of the building and to convert an existing garage area into a game room (Section 75-642). 2) Hardcover variance to allow 90®* hardco\ er on the site. The improvements associated with (his application will not iiKrease the hardcover above what currently exists (Section 78-1288). 3) StrtKtural coverage variaiKe to allow 23®/o structural coverage when 15% is allowed and 20®/o currei ily exists. It is not unusual for commercial properties to require a variance to this requirement, and variances have been approved for structural coverage at l6®o to 26% in the past (Section 78-1403). 4) A pacing stall variance to allow 104 parking stalls when 133 stalls are required and 72 stalls currently exist (Section 78-1516). 5) Parking setback variance to allow the existing gravel lot (to he converted to form.ilired paved parking) to maintain a 10' front yard setback from Shoreline Drive (Co. Rd. 15) when 20’ is normally required (Section 78-646 (c)). Gundlach referred to significant points in the Background (Page 2) and Issues for Discussion (Pages 2- 3) sections of the July 19, 2004 Staff Report. She emphasized there were a number of issues with the application beyond the structural coverage, parking and hardcover variance requests. These issues pertain specifically to the uses existing and proposed and whether those uses, such as a game room, are permitted under the current Zoning Ordinance. Gundlach recommended it should be first determined whether the uses should be permitted prior to further consideration of structural or hardcover requirements. Also, if (he proposed addition is an expansion of an existing non conforming use. Mr. Keaveny corrected staff s introduction of his application by explaining that he did nut plan to remove beams along one main wall of the building or opening up an interior area. He stated there were no plans to change the existing building except for the one door that goes into the cnb. Berg asked about a potential loss of parking spaces. Gundlach replied the applicant indicated he was willing (o shr;ien the addition to 14’ to save parking spaces. Mr. Keaveny stated he had no problem with shortening the addition to 14’. Chair Rahn asked for any public comments. Austin Evans, 2497 Kelly Avenue, identified himself as the representative of Neighbors for a Better Navarre. Mr. Evans slated their group’s intent is to expand its representation with more people from Navarre. He referred to the Issues for Consideration, itemized in the July 19, 2004 Staff Report, citing Issue #2 which points out the game room proposed is not a permitted, accessory or conditional Page5ofl3 MINUTES OF THE ORONO PLANNING COMMISSION MEETING MONDAY, JULY 19.2004 6:00 o'clock p.m. (6. «M-M29 MICHAEL KEAVE.NY,342J/342S SHORELINE DRIVE, COMMERCIAL SITE PLAN REVIEW, f UBUC HEARING- CoalteMd) use within the B-l zoning district or in my other zoning district throughout the City. Mr. Evans summarized that the games use should not be in a B-l District and if allowed by Ordinance, it should be in a separate district. Mr. Evans referred to Issue ^3, asking if the games room use is one deemed similar to the permitted uses in a B-1 retail sales business district. He quoted from Section 78-643 of the Zoning Ordinance for use permitted, such as neighborhood retail sales and commodities, neighborhood service business. He slated that a games room does not come within the existing Ordinance definitions. It is enteitainment different enough to require its own rrti.ris. Mr. Evans pointed out the subject property is as close to the residential neighborhood as t!ie distance betw’een a pitcher's mound and home plate. Referring to Issue #1, .Mr. Evans asked how the bowling alley could still be a non-conforming use since it had been closed for over one year. He suggested that there an effort is underway with the City Council to find a non-conforming use that would be feasible on the site, noting the staff s statement about the applicant working with the City to develop a plan for the use of the property and based on his attendance at city meetings. Citing from paragraph I, on page 3, under Issue *f I, Mr. Evans asked what is ‘strict enforcement of this section' (o(City Code), indicating he believed a use either is or is not a legal non-coiifomiing use. He concluded that the bowling alley is no longer a permitted, legal non-conforming use as it has been closed for over one year and the Code docs not allow for exceptions. Mr. Evaiu read into the record from Section 78-71 of Orono's Zoning Code. Item «8. emphasizing bnguage regarding allowing no expansion or intensification of a non-conforming use. Mr. Evans observed that the notice posted by the City regarding the planning application is not visible to the public road but to read it one must go over private property to see it. He asked the City and its staff to resiew the matter of assuring the posted notices arc visible to the public. Finally, on behalf of Neighbors for a Better Navarre. Mr. Evans requested the Zoning Ordinance be enforced. He advised their organization feels strongly that the City should develop a short-term and a long-term plan for Navarre, and during the plan preparation, a moratorium should be placed on all planning applications. Councilmember Sansevere responded to Mr. E\*ans refereiKe regarding Mr. Kea\*eny working with the City Council, and as a member of the City Council, Sansevere stated he had no knowledge of the City Council working with Mr. Keaveny. Mr. Evans apologized and clarified that he meant to refer to the City, not specifically to the City Council. Mr. Keaveny explained he would be increasing green spaces and was trying to improve the building appearance and to make the building more user friendly to the bowlers. His plans are only to improve the entry, stairs, repair crumbling walls aitd a retaining wall, all to make the building a nicer, neater place. Mr. Keaveny commented he may need other things along with the bowling and pinball machines. Page6ofl3 MINUTES OF THE ORONO PLANNING COMMISSION MEETING MONDAY. JULY 19.2004 6:00 o’clock p.m. (6. «f#4-M29 MICHAEL KEAVENY* 3423/3425 SHORELINE DRIVE. COMMERCIAL SITE PLAN REVIEW. PUBLIC HEARING- Coaiinucd) Kempf asked Mr. Keaveny specifically whal is a game room. Mr. Keaveny responded that the game room could have video games, ekctronic games or a pool table. Gundlach referred to the legal issue of trying to close a non-confonning use, and that the City was unable to legally close a non-conforming use in the past due to an applicants efTorts of working with the City to get a particular application approved. Gundlach indicate the City had been to court on a similar situation and lost. She indicated staff was advised that since Mr. Keaveny had been working with staff. i.e. the City, no efforts should be taken at this time to close the non-conforming use. Chair Rahn recommended concentrating on the issue of the non conforming use. He observ ed that the application is showing an additional 2000 s.f. which is an expansion of use, and he was not in favor on supporting an expansion nor supporting a Zoning Code change for permitting a game room in the B-1 zoning district. Chair Rahn concluded that any expansion of a non-conforming use is against the Zoning Code. Bremer remaiked that she appreciated Mr. Keaveny*s efforts to improve the building :^)pearances. Leslie observed that the fundamental issue is how to make the bowling alley a feasible business at its current location, and that it may not be feasible there any longer. Berg indicated she did not support any effort to rezone the location to allow the game room use. Mr. Evans reiieralcd the position of Neighbors for a Bener Navarre that the bowling alley is no longer a non-conforming use as it has been closed for om one y-ear. He advised their group will consult with their attorney for possible future action. Leslie moved. Frililer seconded, lo recommend denial of AppUcalion #t4-3029. Michael Keaveny. 3423/3425 Shoreline Drive, for a commercial site plan rev lew with variances in order lo condnet improvements to Che existing building. VOTE: Ayes 7. Nays f. 7. «04-3f34 MARTHA A.L. SPENCER. 1N5 WILLOW DRIVE SOUTH, VARIANCE. PUBLIC HEARING (6:45-4:5« p.m.) Craig Lagorio, JLM Design/Build. 7155 Cahill Road, Edina, representing the applicant, was present. Curtis introduced the applicant’s request for a lake setback variance to allow grade level decks w ithin 150* of dte OHWL on French Lake, a natural environment lake, and a hardcover variance within the 0-75’ setback zone in order to construct lakeside decks over existing patios. She recommended approval of the variances as requested as the existing home is located entirely w ithin the required 150’ lake setback and half is located within 75 ’ of the OHWL, with the stipulation that the applicant itmove all fabric and plastic liners on the property. Mil Page7ofl3 r~'MINUTES OF THE ORONO PLANNING COMMISSION MEETING MONDAY. JULY 19,2004 6:00 o'clock p.m. (7. «04-3«M MAR raAA.L.SrCNCCII, IMS WILLOW DRIVE SOUTH, variance , PUBLIC HEARlNGCoaCiBMcd) Mr. Lafurio advised that the applicant had given him the authority to agree to whatever cofulitions are required with the variances. He indicated that Dr. Spencer would ptefier not to have the expense of removal of fabric and plastic landscape liners, but would comply if this were a condition of approval. Chair Rahn indicated that co^ition is consistent with prior Planning Commission recommendations. Chair Rahn asked for public comments. There were none. Chair Rahn pointed out the application would result in a proposed reduction from 9.2% hardcover to 8% hardcover within the 0-75 ’ setback zone. Fritzler cautioned the iqtplicant’s representative to not reinstall any landscape fabric or plastic liners in the future, following their removal with this project. Berg nwvcd, Bremer seconded, to recommend approval of AppMcalion Craig LagoHo for Dr. Martha Spencer, IHS Willow Drive South, granting a lake setback variance to allow grade level decks wlthla 1S6* of the OHWL on a natural environment lake and a hardcover variance within the h-TS* setback tone In order to construct lakeside decks over existing patlot, with the fsMowiag provMon: • Removal of aB fabric and plastic landscape Nners. VOTE: Ayes 7, Nays 8. 8. PM-MSl ANDREW AND SARA TURNER, MS FERNDALE ROAD NORTH. VARIANCE. PUBLIC HEARING (6:SB-7:I8 p.m.) Andrew Turner, applicant, was present, as well as Mark Hoiseth, Stonehouse Designs, 420 East Rice Street, Wayzata, representative for the applicant. Curtis reported that in conjunction with an interior remodel and garage addition, the applicants requested a side setback variance for a living space addition 10.9* from the side lot line where a 30'setback is required and a 21.6* setback currently exists. A unique jog in the northern property line creates a nonconforming setback for their existing home. The propos^ addition would encroach into the side lot line shared with the neighboring tennis court, rather thw adding bulk atui mass to the property on the south side. Curtis informed the Planning Commission that though the Staff Report, dated July 6,2004, recommended approval of the variance as submitted, after further consideration, Curtis recommended the Planning Commission should consider whether or not the addition is necessary in a substandard setback. She referred to an overhead projection to illustrate that adding an equal square footage to the opposite side of the house would meet side setback requirements on that side of the property. Chair Rahn asked for clarification of the ownership and relationship of the adjacent iriangular>shaped property parcel to the north of the subject parcel. Gundlach explained that the applicant owns the triangle-shaped parcel but the two lots are not combined at this tune. She pointed out that the Page8ofl3 MINUTES OF THE ORONO PLANNING COMMISSION MEETING MONDAY. JULY *9.2004 6:00 o'clock p.m. (t. ANDREW AND SARA TURNER, 645 FERNDALE ROAD NORTH, VARIANCE, rUBLIC HEARING-CoaHaacd) existing house does not meet the side yaid setback and the proposed addiiioa vrould extend further into the side yard setback. Mr. Hoiseth explained the reason for placing of the addition in its proposed location, referring to design and cost considerations, as well as the fact that other location(s) w ould require removal of a lot of mature trees, and would put the kitchen on the opposite side of the home from the garage, creating an situation where the homeowners would have to go through the formal spaces to get fhmi the garage to the kitchen. He stttcd foal a logical location for foe addition was to come through the family room side, noting they tried to keep it as close as possible from the side yard. Chair Rahn asked for public comments. There were none. Chair Rahn expressed his opinion that this matter is more of a design issue than a hardship issue as there appears to be areas to consider other options, which would not become setback encroachments. Leslie asked for clarification if the application includes the garage. Curtis responded that the application is for the house addition. Chair Rahn stated that he did not favor any further encroachment beyond the existing 21.6* setback, looking at the project as a whole, including the house addition and the garage. Gundlach confirmed the proposed garage setback would be 2S.S’ non 30' but it would be no further encroachment than the existing house setback. Mr. Hoiseth explained that because of the classical/colonial architectural of the house their design wanted to retain the circular driveway and not to create an appearance of all garage with a house attached to it. He believed that if the garage is moved more forward, the openness and the circular driveway would be lost. He mentioned that the neighbors are in favor of the addition/garage design as proposed, noting that it provides more screening and creates a court>’ard. Chair Rahn asked if there is a different location that would not require a setback variance. Jurgens questioned what is foe hardship, based on the information provided. Mr. Tumer remarked that the hardship is the irregular shape of the lot. Jurgens pointed out the m>plicant purchased the property, as is, i.e., an irregular shaped lot. Bremer suted she assumed the two parcels, including the triangular-shaper parcel, would be combined by the owner. Curtis indicated the lot combination request had b^ sent for processing to Hennepin Coumy. Fritzler commented foat until the parcels are combined, he found no hardship when there is an option of moving the garage. Leslie concurred, noting an addition on the north side of the house is additional encroachment into foe setback. Page9ofl3 fcnimi MfNUTESOF THE ORONO PLANNING COMMISSION MEETING MONDAY, JULY 19,2004 6:00 o ’clock p.m. (8. M4.383I ANDREW AND SARA TURNEIU 645 FERNDALE ROAD NOglU VARIA.NCi; PUBLIC HEARING- CoaltoHcd) After a brief review of procedmal optkNU, staff sv^'*. > * .<1 dot staff recommended denial of the variance, approval of a not-to-be^ceedcd setba<^«*. t , ^nce dimension correlated to the existing 21.6’sctback, or tabling of the matter. Mr. Turner and Mr. Hoiseth suggested the design could be changed to move the mudroom to the front and also move the garage. Cliair Ralm moved, Frllxkr iccondcd, to table AppIkatSoo #84-5831, Andrew W. and Snra S. Tomer, 645 Femdale Rood North, for aide yard setback variance to allow the applicant the o ppo rtwnity to redesign the prop osed home addlHon. VOTE: Ayes 7, Nays 8. 9. #84-3833 THOMAS R. ADAMS AND JANETTE L. WEAVER, 580 ORCHARD PARK ROAD, RENEWAL VARIANCE, PUBLIC HEARING Thomas Adams, applicant was present. Mr. Adams staled that he would withdraw Application #04-3033 at this time. Gundlach asked the applicant to provide a written statement indicating his w iihdrawal of the application. Mr. Adams ajpeed to provide a written statement. 18. #84-3836 DURABILT ASSOCIATES, INC. ON BEHALF OF JAMES BROOKS, 3785 WATERTOWN ROAD, SIDE YARD SETBACK VARIA.NCE, PUBLIC HEARING (7:12-7:27 p.m.) James Brooks, 3785 Watertown Road, applicant, was present. David Park and Tom Kasprzah, Durabilt Associates, Inc. 6318 Cambridge St., St. Louis Park, represenutives for the applicant were present Gundlach presented the application requesting a side yard setback to allow an eastern side yard setback of 10' when 14.4* currently exists and 50* is normally required in order to construct an attached two-stall garage in front of the existing one stall garage. She explained the applicant has proposed to construct an attached, 24*x 24’, two-stall garage by encroaching an additional 4* into the side yard setback in an effort to not block an existing window, which would be located less than 1' from the proposed location of the garage addition. Gundlach indicated that staff found there is a hardship to warrant variance approval due to the extremely narrow but substantially deep lot If the 50* setbacks were strictly obeyed, only 10’ of width w ould be allow ed for a buldmg, which is txx reasonable for residential construction. However, she stated sUff did not And a valid hardship to warrant approval of the tc<|uested variance to encroach an additional 4* on the already non-conforming 14.4* side yard setback. Gundlach indicated staff would support approval of a side yard setback variance where the existing setbacks would be maintained. Page 10 of 13 L MINUTES OF THE ORONO PLANNING COMMISSION MEETING MONDAY. JULY 19,2004 6:00 o*clock p.m. (It. l!t4-3tMDURABU.T ASSOCIATES, INC. ON BEHALF OF JAMES BROOKS, 37tS WATERTOWN ROAD, SIDE YARD SE'lDACK VARIANCE, PUBLIC HEARING- CMtiSMi) Mr. Brooks commented that it is important to enhance their garage space from a one-stall garage but it is impossible to move the proposed garage any further as it would then cover the existing kitchen window. Mr. Kasptzah explained the garage dimensions would be 24* x 24* and they had tried to generally meet a 10* side setback. They wanted to avoid a detached garage and the garage placement was determine^ in part, due to the lot*s steepness in the center, driveway location and tvanting to limit hardcover. Discussion followed on other potential garage locations and their effects on loss of more trees, the need for a retaining wall if the 6* side space would shift to the rear wall, and impacts of the turnaround area size and orientation to the garage's location and increases in hardcover. Bremer stated she disagreed with staffs recommendation for denial as she believed the narrowness of the lot is a valid hardship. Kempf asked the applicant if the existing gmge was planned to be removed. Mr. Brooks replied the existing gange would be retained for additional storage area. He indicated he w anted to get rid of the other two existing accessory buildings. Leslie concurred with Bremer that the long, narrow lot is a hardship and suggested the applicant consider a garage width of 22* not 24* to minimize the side yard setback encroachment. Kempf agreed with Leslie and Bremer regarding the lot shape being a hardship and indicated he would siqrport approval of a compromise garage size. Mr. Brooks indicated that a 22* width would be better than a 20* width. hritzlcr asked the applicant how long the property was owned by him. and Mr. Brooks replied the property was purchased in 1983. Fritzler commented that he thought the kitchen window could be shifted or a skylight added to accommodate moving the garage away from the side yard setback encroachment. He mentioned that redesigning the garage to have the storage on the rear wall would allow the garage width to be narrower. Commissioner Kempf remarked that he thought the kitchen was valuable and should be retained for lighting aiMl safety purposes. Chair Rahn pointed out that he thought the matter was more of a design issue and agreed with staffs recommendation. Jurgeiu concurred that it was a design issue and initiated discussion of the rationale for the 50* side >’ard setback in the five-acre zone, asking if emergency vehicles could move through the 10* setback. Mr. Brooks replied the side yard area was level and there is an open field adjacent to the property. Berg agreed that this is a hardship lot due to its extreme length and narrow %vidth and preferred to iccomroend approval of a compromUe setback, but would support the variance request as is. Leslie indicated that he concurred with Berg's comment. Page 11 of 13 r MINUTES OF THE ORONO PLANNING COMMISSION MEETING MONDAY, JULY 19,2004 6:00 o’clock p.m. (!•. iM-MMDURABILT ASSOCIATES, INC. ON BEHALF OF JAMES BROOKS, 37tS WATERTOWN ROAD, SIDE YARD SETBACK VARIANCE, PUBLIC HEARING- CMRilMd) Braatr mvcB, Berg accMkkd, to rccoiMMad approval of AppMctloo #t4-3t36, DoroMIl Attodilfi, lac. oa bduilf of Jaam Broofci, 3715 Wotcrtowa Road, graatteg a iMc yard setback variaacc to allow aa eastera side yard setback of It* when 14.4* carrenlly eiists and 5t* Is aormaBy required la order to constraci an attacked two stall garage in front of the existing one stall garage, doe to the extreme hardship of the lot size and shape in Its Zoning District and due to Rs topography. VOTE: Ayes 5, Na>^ I, Abstain I. II. «t4-3t37 WAYZATA COUNTRY CLUB, 43t OLD LONG LAKE ROAD, VARIANCE, PUBLIC HEARING The applicant was not present. Chair Rahn moved, Kempf seconded, to table Appilealion MM-3037, Wayaata Country Club, 43# OM Ung Lake Road, Lace Line Setback Variance. VOTE: Ayes 7, Nays 0. •12. «#4-3#3t DARRELL AND KARIN ANDERSON AND BRUCE DAYTON, 9M/t25/96S OLD LONG LAKE ROAD, SUBDIVISION OF A LOT LINE REARRANGE.ME.NT, PUBLIC HEARING (6:fl-6:#4p.m.) Darrell Anderson, applicant, was present. Chair Rahn asked for public comments. There were none. Chair Rahn nmved, FrHzler seconded, to recommend approval of Application M4-3t3l, DarrcB aad Karin Anderson and Brace Dayton, 9tt, 925,965 Old l^ng Lake Road, granting a lot liae rearrangement for 9H, 925 and 965 Old Long Lake Road and lot area variances to allow 925 and 965 Old Long Lake Road to remain less than two acres, with the following stipulations: 1. The portion of property labeled on the survey as **to be deeded to Da>1oo** shall be legally combined with the property at 9tt Old Long Lake Road, and 2. The portion labeled on the sursey as **to be deeded to Anderson** shall be legaBy combined with the property at 925 OM Long Lake Road. VOTE; Ayes 7, Nays 9. Curtis advised Application #04*3038 was scheduled for the July 26,2004 City CouiKil meeting. PLANNING C0.^1M1SSI0N COMMENTS Page 12 of 13 fat SVaftlfi -nr MINUTES OF THE ORONO PLANNING COMMISSION MEETING MONDAY, JULY 19.2004 6:00 o'clock p.m. 13. REPORT OF PLANNING COMMISSION REPRESENTATIVES ATTENDING CITY COUNCIL MEETINGS JUNE 2t, 20M AND JULY 12,2004. Jursens reported thet he did not attend the June 28.2004 City Council meeting. However, he infonnally asked about the Veterans Park at Big Island potential sdurndocuncm issue. Gundlach pointed out that City Council made it clear that the City's interests were in keeping the property as a Veterans Park. Rahn reported that at its July 12,2004 City Council meeting, the City Council did not appear to support the Sketch Plan for the M unit proposal on the SW comer of Old Crystal Bay Road and Highway 12. The applicants did not present their Sketch Plan after hearing some City Council comments. Rahn and Gundlach reU]^ that the City may look at unguiding the location during the current development moratorium and leave it at the current 2-acre zoning. 14. OTHER ISSUES FOR DISCUSSION There were no other issues for discussion. 15. APPROVAL OF JUNE 21.2M4 PLANNING COMMISSION MINUTES FriCilcr moved, Leslie seconded, to approve the hRantes of the Jnoe 21,2tt4 Planning Commission mettlng. VOTE: Aycs6,Nayst, Abstain I. 16. SELECTION OF REPRESENTATIVES FOR CITY COUNCIL MEETINGS ON JULY 26.2M4 AND AUGUST 9,2664. July 26,2004 - J. Marc FritzJer August 9, 2004 - Roland Jurgens ADJOURNMENT Berg moved. Bremer seconded, to adjoam the PlaanIng Commltsioa meeting at 7:55 p.m. There being no further busitKSS to discuss, the meeting was adjourned at 7:55 p.m. Do% Id Rahn. Chair Pagel3ofl3