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08-20-2001 Planning Packet
Public A ttendance Meeting D ate \ I □ Council B^Planning Commission □ Park Commission □ Other Ple:ase fill oirr the ineornution reqlesteo BELOW »OR OUR Cm’ RECORDS. PRESENT FOR (rram UBeada) NAME (please print) ADDRESS NAME OR NUMBER 1. (C^d. /tt9. //c't*-’ C/vf > > ''‘I y »<L " ■> L C'/~ ( I ilC^UT • /| Ai ^k I y ^ f !' t ^I lU- "WCl T)/7a ^ j t ^p.• .j7v 4* j///loj ho _______Q/ ' / /A- ^ oi }7o\ ~ro'fffcty'i /hII.zt'ib 13. / 14. fv/d/LO^- jy 15.. (_iya/ I ^ M* IWmiilOCT I^HIMSnU K .A I L^(0^ V aJoJ1^'V owv % ^ Ol .<?.(>.• s(V. kU S6 Public A ttendance Melting D ate □ C ouncil □ Planning COMMISSION □ PARK COMMISSION □ OTHER Please ntLovr the lneoksution ■eulesteo BELOW FOR OL'R Cm' RECORDS. PRESENT FOR (rnm a|cn<b) NAME (phsaM print) ADDRESS NAME OR NUMBER 1.. 3.. 51, Qo-<^ 7. Ai-1 TkVk)ETT 8. LUtV6N-CTr XSV Xv/T* *■ /CV?S Iri^* 9. l^\o L Cy^ \^r IL/iy \ ) SZj>^ Cc . V o ^ / ^ 10. /r * A K <- II. D^Jip fenipgA .Tr II. BJ QT^r/c c/ 13 ------------------ 14 ___________ 15._______________ t.-UffViWP«M»«TDOCVfaU*VPi«UC.An I ^(oQ ^ z'' £/f^nvo^>d____ MEMO CITY OF ORONO TO; Chair Ha\%Ti and Planning Commission FROM: Paul Wcn.Ungcr, Zoning Administrator/Planncr DATE: August 17.2001 SUBJECT: Consent Agenda jilKy The Planning Commission has requested the establishment of a Consent Agenda to hold a shared hearing for uncontroversial agenda items. Items on the Consent Agenda require a public hearing to be opened so all members of the public have an opportunity to comment. If the Planning Commission feels any item listed on the Consent Agenda should be discussed the item can be pulled off and heard separately. Staff will limit the Consent Agenda items to renewals and items that are considered non-controvcrsial. Consent Agenda Procedure I. Chairperson will open a public hearing and announce all items on the Consent Agenda. Public will be given an opportunity to comment on any item on the Consent Agenda. Following all public comments the hearing will be closed by the Chair. Based on Public Comments the Planning Commission may discuss and-^or remo\ e items from the Consent Agenda. 5. Planning Commission will vote to adopt the Consent Agenda. ORONO PLANNING COMMISSION Monday August 20,2001 6:10PM 2750 Kclle>' Parkway - Council Chambers AGENDA Council Representative: Jim Wliilc Al'DIENCF. MEMBERS: Please sign in for the public record at the front podium if you w ish to address the Planning Commission. Applicants will be asked to move to the front table to answer questions when the Chair announces the application. The Planning Commbsion b an advisory body to the City Council. If action b taken on any items on thb agenda, they will be scheduled fur the September 10,2001 City Council meeting unless otherwise noted by the Chair. CONSENT AGENDA I. M)l-2702 I- inc I.inc Design Group, 1551 Livingston Avenue, Renewal of Variances (SialT: Wendy Bonenberg) OLD BUSINESS Rev iew of these items w ill commence before or between scheduled public hearings. 2. (tOI-2691 J.Hric and Christine Ntenge. 140 Turnham Road, Variances (Staff: Wendy Bottenberg) 3. itOI-2691 David and Maryann Maiser. 2700 Sbadywood Road, V^arianccs (Staff: Paul Weinberger) 4. MOl-2692 ABC Supply Company. Inc.. 2765 Way^ata Boulevard, Conditional Use Permit (Staff: Paul Weinberger) NEW BUSINESS Review of these items w ill commence before or between scheduled public hearings. 5. MH-2689 Mandeep Sodhi. 4080 Dahl Road, ARer the Fact Variances and Conditional Use Permit (StalT: Paul Weinberger) 6. WH-2698 Kim and John Puckett, 4100 Watertow n Road, Conditional Use Permit (Staff: >^'endy Bottenberg) 7. ltOI-2699 Jay and Kendal Nygard, 1186 Rest Point Road, Variances (Staff: Paul Weinberger) 8. M)l-2700 Vincent and Virginia Anderson. 1855 Concordia Street, Variances (Staff: Wendy Bottenberg) 9. #01-2701 Mark and Cecilia Schulte. 3477 Livinpton Avenue, Variances (Staff: Paul Weinberger) 1 0. #01-2703 Orono Baseball Association, 1030 Old Costal Bay Road, Conditional Use Permit (Staff: Paul Weinberger) SCHEDULED PUBLIC HEARINGS 8:00 PM 11. Proposed Revisions toOrono Zoning Code Section 10.50, Subd. 13, storage of boats on residential property (Staff: Mike Gaffron) SKETCH PLAN REV IEW 12. #10-2705 Winton and Sheryl Wold, 1760 Concordia Street. Class III Subdivision (Staff: Wendy Bottenberg) PLANNING COMMISSION COMMENTS 13. Report of Planning Commission rcprcscntaiives attending Council meetings July 23, 2001 and August 13.2001. 14. Other issues for discussion. 15. Planning Commission approval of minutes for July 16. 2001. 16. Selection of representatives for City Council meetings on August 27,2001 and September 10.2001. ADJOURNMENT 4800 4400 g 4000 Q oSttT-g 3»0 ^ 2^ p 2400 Q 2000 ^ 1600 j TO J City of Orono, Minnesota Street Numbering Index Map • ftuac.«K.p.tr.ia,_ •e- M*t U*r r.ttM A«C JS.M* AMI A.M^ffM I•.•M «MH •.!••> **•-ir,i»#» iM •«.•««) 4500 4400 g 4000 p 2400 Q OKONO I'LANMM; commission Monday Au|>u»l 20,2001 6:J0PM 2750 Kcllry Parkway - Couacil Chanibcra City of Orono, Minnesota Street Numbering Index Map aoKSct «ao«. a umc.» north ffCvrirB* m- s OM r«» i,0M ■cn nnti ae.M« star r, rts« AM t. WSI a-*M. M.OM ma. ir.un •rwi •. i««iMtaOMiM N.isn ACKNUA Council Kcpmrnlalitc: Jim While Al DIPSC E MEMUKHS: PIcaic sign in fur (he puhlir record al the front podium if you with to addrc^c the Plannii Commmion. Applicants will b« asked to move to the front table to answer questions sshi the Chair announces the application. The Planning Commission is an adsisory body In ll City Council. If action is taken on any items on this agenda, they is ill be scheduled for ll Nepicrober 10, 2001 City Council meeting unless olhcniise noted by the ( hair. < OS.SK.NT A<;KSI)A 1 KOI-2702 1 me l ine Dcsi^m Group. .1551 l.iiingslon Asrnur, Renewal ofVanjnei (StatT. Wendy ilolicnberg) OLD ULSISE.SS Kesies* of these items will commenee before or between scheduled public hearings. 2 ttOI-2601 J line and Christine Mcngc. 340 Turnliam Road, Varunces (Stair Wendy lloltcnbagt 3. <NII>2693 David and Maryann Maiser, 2700 Shady wood Road, Variances (Staff Paul Weinberger) 4. N0D2692 ARC Supply Company. Inc . 2765 Way rata Doulcsard, Conditional Us« Petmii (Staff Paul Weinberger) NKW m siNKSS Resiew of Ihcsc items will commence bcfarc or between scheduled public hearings. 5. hOI-26119 ManderpSodhi.40S0 Dahl Road, Afler the Fact Vananccs and Conditiuial Cse Permit (Slalf Paul Wcmbcrgerl 6 It01>269!| Kim and John Puckett. 4100 XN aierlovvn Road, Conditional L'sc Permit (Stair. Wendy Uotienbcrg) 7. «0I>2699 Jay and Kendal Nygard. I3S6 Rest Point Road, VanaiKcs (Stall Paul Weinberger) 8 ttOI-2700 Vincent and Virginia Anderson. 1855 Concordia Street, Variances (Suit. Wendy Uottenberg) 9. #01*2701 Mark and Cecilia Schulte. 3477 Lisingstun Asrnur, Variances (StjfT Paul Weinberger) 10. #01*2703 Orono Uascball Association. 1030 Old CrysUl llay Road, Coisdilional Cse Permit (Staff Paul XX'cinbergcr) SCHEDULED PUULIC IIEARI.NG.S 8:00 PM 11. Proposed Revisions loOrono Zoning Code .Section 10.50, Sutid. 13, storage of huts oi residential property (Suff: .Xlike Caflion) SKETCH PLAN REVIEW 12. #10*2705 Winlon and Sheryl Weld, 1760 Concordia .Street. Class III Subdivision (SufT Wendy Doltenberg) PLA.VMNf; ( O.MMISSION < OMMENTS 13. Rcpi’ft of Planning Commiwii'n rcprc'enuiives attending Council meetings July 23. 2001 and August 13.2001 z. TO: Chair 1 lawn and Orono Planning Commission Members Ron Moorse. Ciiy Administrator FROM: Wend) Bottenberg, Zoning Administrator/Planner DATE: August 10.2001 SUBJECT: «0I-2691 J Eric & Christine Mengc 340 Tumhain Road Variances •• Public Hearing Zoning District: RR-1A One FamiU Rural Residential District (5 acre) Lot Area; 45.366 s.E (1.04 acre) (1.15 acre before excluding road) List ofEshibits A Rc\ i.sed Site Plan B Draft Minutes Planning Commission July 16.2001 C Letter from applicants builder received July 19. 2001. D Location Map E July 16.2001 Planning Commission Report Application Summary: This application was tabled at the July 16.2001 Planning Commission meeting so the applicants could rev ise their proposed plan regarding a garage and fainil) room addition. The applicants were .seeking variances for side yard and front vard setbacks. .A majority of the Planning Commission provided general direction to applicant that the side setback should be not less tlian 30'. 1 lie family room addition to the rear of the residence remains the same. Brief Summary of Proposed Changes: • The garage lias been reJc.xigncd. It is 30’ \ 20' (600 s.f.) and located 24’ from the side lot line and 53.7* from the front lot line. The project as proposed still requires va. iMpcrs for the following: 1. Section 10.27. Subd. 5(B): Side Yard Setback: The minimum requirement for side >ard setback in the RR-IA zoning district is 50 feet. To pemiit a variance to allow the garage addition to be located 24' from the side lot line where 50' is required, and a family room addition to be located 49.8' from the side lot line where 50' is required. 2. Section 10.27. Subd. 5(B): Front Yard Setback: Tlie minimum requirement for front yard setback in the RR-IA zoning district is 100 feet. To permit a variance to allow the garage addition to be located 53.7 from the street lot line where 100’ is required. »Ot :69tA J Eric & Christin* Mcnge 340 Turnham Road i'antmeej R 10^2001 Pag* / 1 Statement of HardithiD; 1 he applicants have included their statement of hardship in Exhibit B of the July 16 stalT memo. An additional letter of appeal was received July 19 (E.xhibit C) from applicants' builder. The applicants should also be asked for tlieir testimony regarding this issue. Issues for Consideration: 1. Structural lot coverage as proposed is nut a concern. 2. With the redesigned garage addition (without angle), will the mu ash and one white oak tree need to be removed? These trees are not protected by Cit>- Ordinance. 3. The proposed location of the garage addition still flows with the existing floor plan. Is the proposed 24' side setback acceptable? 4. Other issues raised by the Planning Commission. Options for Action: 1 . Recommend approval of variances as requested. 2. Recommend denial of variances, stating reasons. 3. Table for plan revisions or further information. 4. Other action. *01-2691 A J Eric 4k Chr‘snne Menge )40 Tumham Road Variances a.ia:ooi Pag0 2 liiifimiiflifi 1 II iip" 4.%'. . Chris and Eric Men^e 0>MI.W-I iMTUMirtMTHiM Scale Vd*>r TTA' t<B««tM0»ne4O»»i Ine. S?12 Wot t32nJ Street Oume<»»«e. MN 55337 - rhonr 952-395-3236 ShecvNa 3 Date f r*" ’ 35‘-r 24-/ .® ”‘ ✓ yr, y err ^ e ^ ^ s-ir ^-r frof<o«r<< M^wt Fk»f F^mi^ *00" 4> I^’ frvpotej N«»d«r«4# rr I 'CkiMt rfo"iH ; ^ Lg N A,TVl E«^t"4 lMn|rpom »*' i* I- $ *|> ^ fc*^ ^ 6- r ^ er , ta-4- , , 3C-1V \ \N (0 N Cf7n'5 and Eric Mcngc S«0’<««-1<»< (Vv«.WN 5c4ir i/d*»r UBotHonvcom Inc. 3312 West 132nd Street Pumemne. MN 56337 •■'''V-. V-, Sheet No. 5 Ddte: »rnrmriao> iiiri rfniii Chrb and Eric Menge Wj)etr\»» 5c4J«: 1/®*=r urMfr* t »*rti •>*mM.tcS«#iHo*nero*»i Inc. f ^ ^ ^ 3312 We»l 132nd Street <l#m « Dumaville. MN M337 9S2 M5-3236 F#u 992-390-2673 ShMtNo. y 0«te; >r,a.2cx> L...-------I -An.rtHT^i-^iWinOe i1 .,._1-L- Chrie 3nd Brie Men^e tJdt 0f^4 NcrtH 5cje i/a‘=r '. •.! ./ tvt*?*:**;"*-'-o"- ;»ic ?3t2 We»t i32rrf Strfft P-rr*., f. VS 55337 r-.zne- 95Z-^96 P230 Sheet No. d V»te: *.♦.« ' /n." mm Chris and Eric Men^e 5*0 CV*w* MN K«»t W 5cwUi dMt«^ Scjle: 1/ft*=r -V, •xBe^l^'O^COfn Inc ' ’ ^ 33>2 We»t 132"<I Stwt <I#M ♦- Pum*^ >. MN 5M37 .. J ■ rhone: 952 e96-d236 • J F*« 952-590-2673 ShertTio. 9 Djt«: ^.•.M » ^.V* MINUTES OF THE ORONO PLANNLNC COMMISSION MEETING Monday, July 16,2001 Lindquist askeaS^^e Planning Commission would approve use of the unimproved right-of-way. The Commissioners ohi^mt think such a request would be approved. Weinberger commented that the prK^s owner had started some type of request to use the right-of- way in 1995 but did not complete that reqbeM, and he suggested continuing with the permitting process. There was much activity in 1991 whet^lhe building was completely remodeled and a deck added,and then again in 1995 when the property wasfbc^sale. Hawn suggested the Applicant continue to move forward with the rlm)u-of-way issue Lindquist moved. Smith seconded, to recommend approval of AppUcation)l9^26'*9. John A. Eiden, 330 Big bland, granting approval of after-the-fact hardcover amNu-uctural variances to permit replacement of the lakeside deck at 330 Big bland. VOTE: Ayes 7, Nays 0. («2) #01-2691 J. ERIC AND CHRISTINE MENGE, 340 TURNTIAM ROAD, VARUNCES, 6:40 p.m. - 7:35 p.m. J. Eric Menge. Applicant, was present. The Certificate of Mailing and Affidavit of Publication were noted. Botteiiberg stated the Applicants are proposing to construct an anached 2 '/: stall garage to the north side of the residence, and a two-story family room addition to the rear of the residence. The area below the garage will be additional liv ing and storage space. The existing single stall garage will be turned into living space. A side yard setback variance is requested to allow the garage addition to be located 12.27* from the side lot line where 50* is required, and a family room addition to be located 49.8* from the side lot line where 50* is required. A front yard setback variance is also requested to allow the garage addition to be located 32.6* from the street lot line where 100* is required, and the family room addition to be located 69* from the front lot line where 100* is required. PAGE 3 MINUTES OF THE ORONO PL.\NNING COMMISSION MEETING Moaday.July 16,2001 Bottcnberg noted the septic s>stem has a capacity for 2 bedrooms, is non-conforming, and is required lo be replaced by the end of 2006. Since the proposed plans suggest that additional space could be converted to bedrooms, it is recommended that a new system should be designed to accommodate more than two bedrooms if the additions are completed. She indicated tw o 12-1S" ash trees w ill be removed to accommodate the proposed garage addition, but a 24" white oak will be saved by angling the garage addition. Bottenberg noted the neighboring affected property owner has submined a letter opposing the magnitude of the setback encroachment. Menge stated he has lived in the area for 25 years and his family owns a business in Long Lake. He and his wife bought this home 5 years ago. knowing it would outgrow their needs. They are requesting variances to add a garage and living space which was designed to give them :he most room for their budget, require the least amount of variance issues and cause the least intrusion to the neighbors. He noted the current structure is a "shoebox", with only a one-car garage when the standard has become three-car garages, and is non-compliant with current zoning codes. The design of the additions has been done for functionality , not aesthetic design. They would like to remain in the area and because of the lack of afforJabte housing, the best option was to remodel their existing home. Menge addressed some of the objections that have been voiced I) Setbacks are an issue since the current zoning is for five acres and their lot is approximately I acre, with neighboring lots at 3 acres and I 3/4 acre. 2) Proximity and noise are of concern since the house to the north was built 25‘ from property line. It was suggested that they consider a different layout with only a one-car addition to the north and additional living space to the other side, or a garage addition to the other side or behind the house. They felt the current design was the best since fewer variances would be required, the cost was less, logistically it works with the current house layout, considerably less fill would be required, and fewer trees would need to be cut down. Tearing down and rebuilding did not seem economical because of the small building envelope and steep grade. 3) Steps have been taken to make the septic sy stem compliant with the issuance of a building permit. 4) The appraised value of the project improvements will improve property values throughout the neighborhood. 5) All of the neighbors have approved the project. PAGE 4 i 1 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Mooday, July 16,2001 Doug Mcrz. 380 Tumhom Road, stated he is the neighbor to the north and confirmed that the Commissioners had a copy of his letter indicating his concerns. He added the Menges have been great neighbors and this is a difficult siniation. He commented that one of the reasons they moved to Orono was because of the open space. The proposed project brings the garage very close to his property line and is not ty pical of other development in the neighborhood. He has also consulted with realtors and has been advised the project could have a negative impact on his property value. He has suggested to the Menges that a I '/; stall garage would be acceptable. Hawn confirmed that the garage is the only part of the proposed improvements that Merz finds objectionable. Merz stated that their bedroom would be in close proximity to the proposed garage. Stoddard asked what the distance would be. Berg responded it would be appro.ximately 3T. John DIumentritt and Craig Johnson, architects for the project, presented a computerized demonstration of the proposal. The demonstration presented the location of the e.xisting house and the neighbor ’s home, conversion of the existing one-car garage to living space, trees and shrubs on the property. 4S0 s.f. of additional living space, aivd a two-car garage addition. DIumentritt explained that he had been working with Menges on a plan that would address the garage addition and pro.ximity to the neighbor. The face of the neighbor ’s house is 6’ closer to the road than the Menges. with on additional 6’ of entryway. With the footprint of the e.xisting home at 24* .\ 24*. they looked at various ways to increase space. By angling the garage, an area was created that would facilitate maintenance equipment in the garage. They also looked at placing the garage so it would face the neighbor to the north. This would have minimized the distance of the garage to the neighbor, but places the driveway along the property line. Slope conditions would also require fill and retaining walls. An angled garage would change the view of the addition for the neighbor to a point of the garage rather than the whole face, minimizing privacy issues. The angled garage also minimizes the amount of driveway and grading required. DIumentritt also commented on the possibility of another bedroom in the basement. He recommended against this idea, noting that a master bedroom addition was being considered for some future time as a second floor. Under the garage, a studio area is planned to be used for PAGES MINUTES OF THE ORONO PLANNLNG CO>DIlSSION MEETING ___ Monday, July 16,2001 hobbies. If the Menges can afford to put a room under the porch, it will be a recreation area with a pool table. Mabusth asked where the future master bedroom would be. Blumeniritt responded that it would be everything to the right of the gable on the entry roof, which would be over the main portion of the e.xisting structure. Mabusth commented that the septic capacity was of major concern with the possibility of an additional bedroom. DIumentritt confirmed there would be a second septic site available for a mound system. Hawn questioned the need for primary and alternate septic sites. Weinberger responded that the City asks for t\^o sites, but added that the City w ill accept a letter fr sm w hoever does the testing to ensure that a potential future site Isn’t lost by the addition. Blumentritt noted that if the garage addition were put on the other side of the house, the walkout lower .evel would necessitate imparting appro.ximately 8’ of elevation. In addition, the bedroom windows below- would be blocked Blumentritt reviewed the hardships for the variance application including the fact that a one car garage is not the norm and the difficult site conditions The proposed design will be able to save some mature trees and buffer the garage doors from neighbor. Berg inquired about the room in the back beneath the deck. Johnson e.xplained that it was proposed and would be included if the budget figures would allow the additional construction. Smith asked about adding on to the back of the house, which might help . lit the size of the proposed garage addition and the neighbor ’s concerns. She thought the garage may not need to be conv erted to liv ing space if more were added to the back. The architects indicated there were fairly steep slopes to the back of the house limiting the building area. Stoddard commented that it is important to be cognizant of side setbacks and neighbor ’s views. He thought if the garage were not angled, there would be a 25* setback and possibly more living space PAGE 6 MLNUTESOFTHE ORONO PLANNING COMMISSION MEETING Monday, July 16,2001 behind the garage. Blumentritt responded that by angling the garage, more open area is gained with only a comer closer to the neighbor. Lindquist noted there were two setbacks, the front and side yard setbacks. The side yard setback is proposed at 12'. The neighbor to the other side has a setback of appro.iimately 31'. Lindquist stated he would look at a minimum of a 30* side setback for each neighbor and the applicant would need to stay within those setbacks in his design. Hawn agreed w ith Lindquist noting that a 50* setback is required. A setback proposal at 12.T requires a variance which is too great Menge asked what the required setbacks are for a one or tsvo acre zone. Gaffron responded that the one acre zone requires 35' front and rear with 10' on the sides, and the nvo acre zone is SO' front and rear with 30' on the sides. Menge noted that his lot is a one acre lot and next door is 2 'A. Hawn commented Utat his request is a radical departure from the zoning standards. Smith commented that she had the same concerns as Hawn and Lindquist. Stoddard stated that he may be a little more lenient and may allow up to 25' for the side setbacks. Mabusth stated that she had the same concerns and suggested tabling the application with some direction to the applicants. None of the Commissioners were concerned w ith the front or rear setbacks. The side setback is the major issue, especially with the concerns expressed by the neighbor to the north. Hawn commented that tipping the garage may help some but was concerned with the impact of headlights on the neighbors. Mabusth commented that using portions of the existing garage to enlarge the garage area w ould be a good option to pursue. PAGE? MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, July 16,2001 Biumentritt responded that they had looked at those options. The current entry is not safe and using the existing garage as an entr>-»av makes sense with the rest of the la>out. Fritzler staled that in redesigning a structure on the existing propert>. the goal would be not to encroach on the side setbacks any more than necessary. He also suggested shortening the 2 Vi car garage but going deeper to the back of the property so the same square footage would be involved in the additions. Berg was in concurrence with other members in maintaining a 30* setback from the side lot line, w ith more of the additions to the back of the house. She was also concerned with headlights shining in the neighbor's house. Menge stated one of the neighbor's concerns was the noise caused by dri\ ing into the garage. He fell by having a longer driveway, the noise issue was increased. Biumentritt requested that the application be tabled to provide an opportunity to rev isc the proposed plans. Lindquist indicated that if the proposal were 30 ’ or more from the lot line and the structure is reasonable for Ihe property, the Planning Commission may vote in favor of such a plan. Biumentritt stated they would look again at the design of the garage addition but would probably be approaching a 2S* setback. Lindquist reiterated that he was looking at a 30* setback. If additional space is needed, going back into the lot should be considered. Biumentritt responded that the topography of the lot may play a part in the steepness of a driveway. He stated the purpose of the variance is to took at the hardships on the site, and determine a reasonable solution. PAGES MLNXTES OF THE ORONO PLANNrNG COMMISSION MEETING Monday, July 16,2001 Hawn Riovcd, Smith seconded, to table Application MOl-2691, J. Eric and Christine Menge. 340 Tumham Road, for variances to side and front yard setbacks to construct an attached 2 '/i stall garage and family room additions. VOTE: Ayes 7, Nays 0. JCHEDULED PUBLIC HEARINGS - 7:00 P.M. (#8)N|(01-2696 MICIUEL P. AND JEANNINE B. BADEN, AND 11. WESLEY AND ELI2U^TH L, WOLVERTON, 3420 AND 3445 HIGH LANE, REARR.ANGE.ME.NT OF COMMON^OPERTY LINES, 7:35 p.m. - 7:46 p.m. Michael P. and Jeat^ne B. Baden and H. Wesley and Elizabeth L. Wolverton. the property ovsners. were present. The Certificate of Mailing and\ffidavit of Publication w ere noted. Weinberger explained that the applicates have proposed a lot line rearrangement between the two properties for the purpose of creating a sp^e on the Badens property, 3445 High Lake, that would allow for future construction of a detached ga^ce. The Badens have explored various options for locating the garage but have been unable to find agitable location that works within the existing driveway. A private driveway serves both propertiesNuth private easements recorded on the property titles. The north lot at 3420 High Lane is 1.95 obtes, just short of the two acre minimum. The south lot at 3445 High Lane is l.l acre, The proposed n^property line would change each property by about one-tenth of an acre, making the north lot one^th of an acre smaller and the south lot one-tenth acre larger. The transfer of property creates an arba in the northwest comer of the south lot where a garage could be built A 20* drop in elevation limits thb>option to place a garage behind tiie house. Historically, the parking area for the south lot has been atW end of High Lane and it makes sense to place the garage in that area. No variances vvould be requm^ for new garage construction because the new property line changes the definition of the front properVy^line. The new- front property line would be narrower and require only a 10' setback. PAGE 9 «nd Maitct Value: Due lo existing stmcturc issues, if Mcnge's are no* granted a workable solution to their objectives, the property will only decay. Such properly will clearly lower adjacent property values. Conversely, as one homeowner makes Improvements on their property, adjacent ownere values also increase. Speaking as a licensed real estate agent. 1 found the statennent by the adjacent property owner preposterous. His home values can only increase if Menge’s project goes forward, and likewise, only decrease if it does tK>l. CoTlwimr As common sense would lead us. the historic facts are clear - upgrading the property will have a ;-tsitive impact on adjacent property values. Lights and Noise: Menge’s have lived next door to the Men’s for five years. No complaints on noise or car headlighu have arisen during that time. The bedroom windows provide only limited visibility of .Menge’s property. Most of the view is obscured by existing vegeution. The windows are curtained - view is not a current priority of the property owner. With the angled garage, clearly any potential problem in this area would be lessened, not increased. CoadusiiMi: The concern is specious. Oearty the design lessens die potential for problems. We have studied the Menge sire for nearly a year. We have done no less than three major design sttjdies over that period. The one presented last night was the culmination of that efforl: it optimizes the sensitivity to the pn^ems. should diminish neighbors concerns (those that are fairly and without bias presented) as well as makes a dramatic improvement to not only the property, but the anticipated life of the dwelling, the tax base, and the quality of housing in the area. We appeal to you for recoruideration of immediate approval: The coiutruction season in well upon us and approval allows Menge’s to commence corutruction this season. Further delays only force either a postponement of the project or iu abandonment. Menge’s would then sell arid move elsewhere, leaving the future of the property in doubt. .Vlenge’s have lived in Orono for over 25 years and have many friends and relatives in the immediate area, Farrily that they do not wish to separate from. It would be a cruel conclusion that the values, energy, intensity and involvement in the community that the Menge family consistently provides to the community would be cast aside so capriciously. Finally. I have known Chris and Eric for many years. It is out of my regard for them I am writing. They have not directed me to write this letter. I apologize if the letter comes across as •’sour grapes.” The design challenges the property offers have been thoughtfully considered and I implore you to re evaluate your thoughts on the issue. I further invite you to persorutlly visit the site and examine the problems. I would be happy to meet with you there at your convenience. Please give me a call>a^t up an appointment. TMi Senior Partner cc: Christine and Eric Menge PlMil Weinberger - Orono ^WChdy Bottenberg • Orono Ron Ntoorse - Orono lcBeslHoiiie.com Inc.0312 West 132*" SlrecfBumsvillc*MN«55337*952 895-^6 FROM: DATE: Chair Hawn and Orono Planning Commission Members Ron Moorse, Cit>' Administrator Wendy Bonenberg, Zoning Administrator/Planner July 9.2001 SUBJECT: «01-269I J. Eric & Christine Menge 340 Tumham Road Variances •• Public Hearing Zoning District: Lot Area: RR-IA One Family Rural Residential District (S acre) 45,366 s.f (1.04 acre) (1.15 acre before excluding road) List of Eshibits A Application Variance Request Addendum Site Plaa'Surses (Existing and Proposed) Elevations/Floor Plans Septic Diagram Topographic Map of property Photos of Property Libation Map Property Map Permit Record Property Owner's List Letter from Adjacent Property Owner rertinent Code Section: I. Section 10.27. Subd. 5 (B): Side Yard Setback: The minimum requirement for side yard setback in the RR-1A zoning district is 50 feet. To pemiit a \ariance to allow the garage addition to be located 12.27' from the side lot line where 50' is required, and a family room addition to be located 49.8' from the side lot line where 50' is required. 2. Section 10.27, Subd. 5 (B): Front Yard Setback: The minimum requirement for front yard setback in the RR-IA zoning district is 100 feet To permit a \ariance to allow the garage addition to be located 32.6 feet from the street lot line where! 00' is required, and the family room addition to be located 69’ from the front lot line where 100' is required. Application Summary: The applicants are proposing to construct an attached 2' i stall garage to the north side of the residence, and a two-story family room addition to the rear of the residence The proposed garage addition is approximaich 675 s.f. footprint, the proposed family room has a footprint of 384 s.f The area below the garag- will be additional living and storage space labeled • studio" on the plans submitted; the existing single stall garage will also be turned into li\ ing space (E.xhibil C). The proposed garage location will allow the existing floor plan to continue and will maintain the existing front entry. Applicant's submittal statement describes the reasoning behind the proposed garage addition location. hOI-2691 J Erie d ChrtsUne Mtngt 3-tO Turnham Road VorianctM T9 2001 Page I the family room is not designated as lo use on the plans submitted; it eliminates the walkout door and being on the same level as the two existing bedrooms, could easily be converted to a Iwge mwter bedroom. The property owner has recently indicated to staff that this addition is submitted^ ^ ^ -^-season porch above an open patio; that is a difTcrent concept than the plans •*®cre zoning standards in effect at that time; * ^ rezoning to 5-acrc minimum made this site and house location very non-conforming. No additions have been constructed to the residence since it was built. The nei^bonng re^ence to the north is the only adjacent property that will be impacted by the proposed addition. The residences are currently approximately 78 feetapart. The proposed addition will result in a separation from the adjacent residence of approximately 46 feel. Septic System The property is seix ed with a septic system. It is located to the rear of the residence. (See Exhibit ). The septic system currently has a capacity for 2 bedrooms, and is non-conforming, required to ^ replaced by the end of2006. The addition is not intended to add to the total number of bedrooms, but the plans suggest additional space in the additions could easilv be con\ erted to bedrooms WTiile a largy septic system is not technically required at this lime, when a new system is constructed it s lou esigr.wd lo accommodate more than two bedrooms if the additions arc completed.. The existing septic tanks are located as close as 19 ’ from the house, and adding a 16* addition to the rear will result in a substandard setback from the house lo the tanks (required is 20*. proposal results in only Again, while it may be acceptable lo have the tanks 3* from the foundation at 5 ^ Other Factors Sinictural lot coaerage os proposed is 1942 s.f. or 4.3%. meeting the 13% limit for lots less than 2 acres and therefore not an issue with the proposed additions. The lot is not in a Shoreland area and IS not subject to hardcover standards. Two 12-18” ash trees will be removed to accommodate the proposed garage addition. The angling of the gwage is intended to allow the 24” white oak to the lert of the existing driveway lo be saved None of these trees arc specifically protected by City ordinance. Ltba" '"^^ni.ud. of the 9/ J. Eric <£ Christine ,\tenge )40 Tumham Road Variances ^'9/2001 Page 2 Statement of Hardship : The applicants have included ihcir statement of hardship in Exhibit A. The applicants should also be asked for their testimony regarding this issue. Itiuea for Coniideration: 1. The proposed location of the garage addition flows with the existing floor plan. Staff agrees that the garage location at the north side of the house is appropriate considering the existing floor plan, and significant unplanned interior remodeling would be needed to reverse it if the garage addition was attached to the south end of the house. That would also require significantly more fill than the current plan... 2. The garage is very large at 675 square feet. Could it be downsized and angled differently, resulting in less encroachment into the side yard setback? The residence was built in the late 1%0’s in its present location, prior to current zoning ordinances but generally in compliance with all codes at that time. The goals of the RR-1A 5-acre District are to preserve open space and a nmd character. Would a smaller garage that maintains a setback of approximately 30* (the standard for Orono’s 2- acre zone) be more appropriate than the proposed 12 ’ setback, given the concerns of the neighbor and the intent of the current zoning district? 3. Other issues raised by the Planning Commission. Options for Action: 1. Recommend approval of variances as requested. 2. Recommend denial of variances, stating reasons. 3. Table for plan revisions or further information. 4. Other action. J. Eric A Christine Menge 340 Turnha-n Road Variances 7/9/200/ Pages ^ S 0 01 '■ CITY OF ORONO - VARIANCE APPLICATION Inith! Application Fee $250.00 (S50.00 per each additional variance) Renewal Variance Fee $150.00 (no change from original application) Variance for non-conforming structures $250.00 After-the-Fact Fees (Double application fee) PROPERTY INFORMATLON Site Address ~7o ta I S? A, Propert>- Identification Number (P.I.D.) ?// / V ^ OcOC»7 ______________ Attach legal description to application if not included on required survey. Date Pr^rtv Acquired _______________i_____^(month/ycar) I (do) (i€o no& also own the adjacent parcels of land.» W-w ---------------------------------------— ... f,. Present use of property: / residential Zoning District:, _othcr (specify). applicant Phone (home) .g,7/ Name 3 r^.c. ______ Phone (work) 6 Q T 7<3 17 Address: ^ VQ ~77j rrJ k^ >_______ Citv: _______Zip;__SlS3^^ OUTS’ER (if different than applicant) Name______________________ Phone (home). Phone (work)_ Address:City:, DESCRIPTION OF REQUEST Estimated Construction Cost $ Describe request in detail; A^A -to oJ’T hJort-lx (attach additional sheets if necessary) VARIANCES REQUIRED Lot Area Setback; ___Lot Width /^ont l^ide Lot Co\*crageHardcover _ Rear __ Average Lakeshore Other (specify) H.ARDSHIP/DESCRIPTION of UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficult)' or unusual property conditions preventing compliance with Zoning Code requirements: Due. no A ance with Zoning Code requirements: Due. (attach additional sheets if necessary) ' ' ' L REQUIRED SUBMITTALS s y *** ^iihnillltd hv lh« .pplic.n«« A... .- order for VOUr annlicntion to be fnntM>^ed completer 1. 2. Completed Application Form s’Jneyor) and include hardcover KproduXn.“ * "" f®' Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed. In addition, provide one (I) copy 8'/;” x 11” for reproductiott Sketches or plans of floor & elevation views (provide one (1) copy 8^.' x II") List of the Icg^ names (include marital status) of all persons with an interest hi As M ad?' Of applicant(s) if not c-jirent ownctfs). As an add.ndira to this application, please attach a separate list of any other persons you wish notified of this application. Additional items as may be requested by City staff. I X 8. application. Please remember that vour >arinnc^ nppligallQn U not ^mnletc if the nbovc information b.n< nnr APPLICANT S SIGNATURE The applicant hereby agrees to provide all infosTnation required or requested by the Zoning Admm.stra:or agrees to pay additional fees (staff lime not covered by original L paS ando. consu.sant expenses incurred m review of this application, and certifies that the info.-mation supplied is inie and correct to the best of his/her knowledge. Applicant's Signature Date 0\ OTOER’S SIGNATURE and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents. Commission members, and Council members for purposes of investigation and verification of this request. Owner’s Signanirc Date C-/7-OI Applicant n-.us; have .11 .ubminals into the City ofHces 25 davs before the Planning make anangiments to havean au'L‘"eIl\“ln?.rnd1nVw"^^^^^^ “alaTele BiSld"^ & Zoning Office of this change prior to the meeting. isc me Duiiotng i Variance Request City of Orono Addendum June 18,2001 Hardship issues for Eric and Christine Menge 340 Tumham Road Orono. \IN 952-404-9171 Zone: RR-IA Current House summar>-: Located on slightly over 1 acre this non-conforming single family home faces the following objectives: iSorth Boundary Setback Objective: To economically add adequate living area to the home. Process; Convert 'he current single car garage into living space and add a 2 1/2 car garage. The propeny to the north is set back from their property line by appro.ximately 36 fee:. The design calls for the new garage to be rotated by 30® from the house. The proposed construction would set a point of the Menge’s garage back from their property line by slightly over 12’ - creating o^er 4S' between the two homes. This maximizes the overall separation between the two properties Variance Request: Allow construction to begin at 12.27'from existing lot line. While locating the garage to the south of the existing structure w ould ease the setback concerns, the issue is the inability to adjust the design relative to kitchen location and entry from the garage (mud room). Further it would put portions of the existing updated septic system under the hardcover of the dnveway and garage. HVj/ Boundary Setback (From Right of way) Either .idjusting the garage to a straight in 2 car garage or positioning the garage so the vehicle entry is from the nonh. would necessitate more hardcover or in the latter instance, an unworkably small turning radius for the vehicles. The sightline of the garage is partia'Iy hidden by an existing (and to be retained) old oak tree. This approach not only retains a magnificent mature oak, but blunts the visual effect of the rotated garage. Note color renderings attached. The western most tip of the garage will extend 12’ closer to the right of way as compared to the existing structure. Variance Request: U'e are requesting a variance in this area to allow a 32.6' setback from the right-of-way. J ...... I ■'*7*' ' f iiir Hec'd 'llik'l Chris and Eric Menge OtteFUn Ul^»Utcmmuim l»fc^ Mr»( LX'tvi turret Ml 5rirtr r. yy I^IJVMWi ,-^JwXj/ niun* »>^ e>‘JL> r^^Mt ftm 9f«i> |VJt> A>/A •fieetNoT 1 DjtU: Jit*O ¥ North RIcvation 5\vel 5 '0>dT/jrfd EWt; Men^e LSI Eii^t 4iwl Noftli rlrvntiortd S.ilr: I//V- r UlWlitomeciMti Im Wti.1 CVivI titrfet rV«i»'4tV. kIM ‘••iCW n*nw ».i. ji-w*iy%\ Air.s : I I .V « \ s\ Chrle and Eric Mengc Mcnlrwlltagrru* ^ OwwM<Scjlr 1/3"-r !•#UWe*U1ome£OfTi Inc. 3312 We»tt52fvl Street _ r>urT>e»iae. MN 5S337 1 ,ivJV fho«e:952-395-3236 ‘r»i I -J F#c 962 390-2673 Sheet No. 5 P«t«: nccBvco JUl 22W mwonoNo Chris and Eric Mengc » 0>MI Mil Scjle: 1/d“»r Ific. 3312 We*t I32iwi Strut ,, ^ SumM««.MN 56337 ,Lji Phou:952S95d236’ < rf »l 952 090-2673 Sheet No. 3 Dote; JUDI I .ttf (Hutt j. < »!•*• ,• lV«.Aiur w4 llir »•.»«» >u> n« ^ ■utcfvit* »nJi MtrctttM «Mot4>i»« »m#irJ lh« C4nn»«lu> to *e»i»y ^ .Imtamot * i.o*vMio»** m th« hrt« »U Kf *o» *m*. yijn*, Jrakfrt. rcivU'Hi^y •••sl i«,v«tTijlUii o |»i« t<db««»< pxifcity o< uP*«tMo«v. Inc jn.1 (moU c IK*' «•'»•*• Ut U* UnditfIKiMXfJ UM •• proN^tCil ivr-ii* ■••nM., li'j K fl 1 C^r/5 Fnc Menge Scale: none CupyrujtiL UtJc;e»lMymc.coni Inc. ifuUt Job SIto Location Map r I .c^*r Tablc of Cont<;nt« ’ '■ *" ^k4iii Pliinfc'fiTrtlt (, r.iuj Jottnwin P>*« Jufig 1ft. ?001 j23_________ Afr*'’*'* CK oI Uym^/ tc^tHomsxom Inc 3312 Weal 02na SUeet ^ Pum»<nile, MN 5M37 ... ; Phone 952 0960236 I ^ Fee 992 090-2673 Sheet No. I Oiile: MIA.2D0I I SEPTIC SYSTEM JNVENTORY Address: 340Tumham RcL PID: 31-118-23 42 0007 Building Typ residence #BRs/GPD: 2 ^Systems 1 Units Billed I Permit 1921 Date of Permit: 8/22/68 Installer WidmerBros. System Type standard trench Experimental: no Appliances Indry SiSTEM CONDITlOy Conformity: 3 Tank Condition: 9 SEPTiC TANKS Material: concrete DF condition; 11 Failure Pot: medium Setback to Bldg: 20 Capacitv-; Cesspool: DRAINFIELD Length of Lines 200 # Lines: 2 Trench Width: 2 Treatment Area; 400 Type of Filter Soil Boring: yes Tile Size: Under Tile Perc Rate; Setback DF-Bldg; 40 DF Ht above Wt: Soil Ty'pe; loam, silt loam Limitations: water table irELL DATA Setbacks - Well-Tanks: Pump Type: subm. 50 Well-DF: Depth: 139 75 Report in File yes Diameter: 4 Method: drilled INSPECTION RECORD DATE DESCRIPTION 11/2/81 no surfacing 9;9/86 no surfacing 8/13/90 no surfacing-need risers,pump tanks 7/11/91 no surfacing-need risers.pump tanks 5/13/93 no surfacing-need risers.pump tanks 10/8/96 non-compliani-repair by 12/31/2006 4'28/00 non-compliant, repair by 12/31/2006 PUMPOUT RECORD COMPLIANCE DATE GALLONS 2 11/23/98 1500 /2^ 'Ji/irnhorr\ f^. ii B TT rn sro Si'O 36'(9 i)S.S919 H^'O N /k // / '•‘/c '.1 r\^ad PTPlt No. /?3^/ /£53' ______ T. •' '^L /Cr/ -1 PERHIT RECORD Date 6 -/;> '6- f ^,-s f ___________________ .T Type of PeruIt CP # <w /// r :<.c' -ti /'<-«/' ■UN BATC tk/St/M ■ATCN Its WNNiriN COIMTV mrfkTV INFOmUTlON SVSTEH ftOTEAfV OMNn LIST ■trMT NO. PMC S M Sl-lll-tS II MI2 f«OP MM •M2t TMNNAM *0 OMNI* NMC L C UaO ■ R H ilM TARPAYCR LIONMO I RATM.CIN N KRO NMC/MO* 42* TMNMM NO N4P1C PtAIN Ml I5SS4 M S1*1U-2S IS MAS •4S4I WATERTOMN NO BONAiO R PCARSON I MIPC eONALO R PCARSON 4S4S MATCRTONN ROM HAPLC PtAIN HN SSSS4 U BI-UR-2S SI RMA ••SRS tURNHAN RO C K PNiLPS 1 J C PNiiPS CNARLIS C/JCMNIPCR C PNKLPS SOS TVRNNAM RR HN SSSS9 SR SI-11B-2S 42 RRI? PROP ADM itS4R TURNHAH RO OMCR NANi e C TRUAR S J C NiNBl JR TARPAVCR e C TRUAR S J f WNCC JR NANf/AOM S4t TURNHAN M NAPtC PLAIN NN SSSS9 SR SI>I1B-2S 42 ROAR AA5RA TURNHAN M 0 I R D r NM2 OOWIAS C t DIANC f NCR2SRA vmmm m NAPLC PIAIN NN SSSB4 SR SI-tlR«2S 42 ISIS RAS2A TURNNAN RO J L R ■ P 21LINSRV JR J L t R P 2IIINSRV JR S2A TURNNAN RO NAPIE PtAIN Ml SSSBA SR S1-I1R«2S 42 AAI4 PROP ABM AAS2A TURNNAN RR OMCR NANC J L R R P ZELINSRV JR TARPAVIR J L R R P miNSXV JR NANC/ARM S2A TURNNAN RO NAPLC PLAIN NN SS55A SR S1-I1R'2S 42 BAIR •4S4A CNIPPCMA LA L E NARIINEAU/J N NMTINEAU LARRY C R JEAN N NUTINEAU 4S4A CIIIPPCHA LA NAPLC PLAIN Ml SSSS4 TOTAL BATCH SRI RRAAR I CERTIFY THAT TNC FACTS RfPRCSCNnO ARC AN ACCURATE ANO TRUE RCPRESCNTATION OF INFORNATION AS IT APPEARS THIS DATE ON TNC RECORDS S n Tr USTeOGC ANORILlEFt*”*'*^ ^ fWPIRTY TASATION, TO TNC BIST DATE V. ..I,:K- L 7/9/01 Doug and Dian« Mea 380 Tumham Road Maple Plain. MN Wendy BoUenberg GtyofOrono 2750KeleyPari(way Dear Wendy: Pursuant to our conversation this afternoon, we would like to register our concerns with the City of Orono's planning commission regarding land use issue U 01-2691 by J. Eric and Christine Menge requesting a variance at 340 Tumham road. We are the house immediately north of the Merges and their request for a variance within 12 ft. of their north property line wifl affect us visually and aesthetically to a greater degree than any of the other neighbors. They currently have a one-car garage and approached us last year about ad^ a second stall. We agreed to this requesting that the addition be slanted away from us to minimize vehicle noise since their garage and driveway are close to our bedroom window. T.vo weeks ago Eric brought me the plans for their current proposal and I was surprised to see it had grov^n to what he described as a two car garage addition with the current one car garage to be converted into living space I was even more surprised to gel the hearing notice and see the addition described as a two and one-half car ga.''2ge. Our concerns are with the visual affect hav^ another home within 1 2fl. of tf^e property Ene wifi have on our home and also the possible negative impact this variance and adrftion as currently proposed rroght have on our property value. We certainly have no concerns with their original plan, as explain^ to us a year ago. to add a one-car space addition to their existing garage. We have scheduled lime to meet with the Menge's and hopefully will have this matter resolved before the hearing on July 16^^ but until then we would like this letter to score as fr - ' notice of our concerns with the current variance and land use application. On a f'na! not? we pu'^chased o».r ! and t-Vee cyjafte' acre lot in Orono with an older home because we highly value the country atmosphere and privacy Orono maintains via its zoning laws. We do not want to be cSfficult neighbors and understand the Menge's need for additional garage space. However, we cannot support a 2 and one half car garage addition virith a plan to convert the current garage to Rving space. The Menge's do have more than adequate space on the other side of their house to add their living space. Thank you for your time and attention to this matter. b««4fdy. Diane Merz Ikc^d. 'Jhcloi Date of Complete Applicatioa: 7/2/01 60 Day Deadliae: 9/1/01 TO: Chair I lawn and Orono Planning Commission Members Ron Moorse. City Administrator FROM: Paul Weinberger. Zoning Administrator/Planner DATE: August 13.2001 SUBJECT: «01 -2693 David ajid Marsann Maiver 2700 Shadvwood Road Variances - Public Hearing Zoning District: List ofEihibits LR-IB One Family Lakeshore Residential District A Applica’ion B Revised Site Plan C Planning Commission Minutes (July 16.2001) D Planning Report (Jul> 6, 2001) Application Review- Planning Commission tabled the application for variances requesting a garage addition, deck replacement and addition ol'a deck and patio. Planning Commission minutes are attached (Exhibit C). Property owners submitted an application requesting replacement of on attached 9' X 28' deck w iihin 75' of the lakeshore. a 23' X 28.8' garag* addition encroaching within 75' of the lakeshore. and a 12* X 20' porch with attached 12' X IT deck within 75’ of the lakeshore. Original proposal required the following variances, all revisions to the plan arc in bold text. The hardcover removals are noted on the revised site plan (E.xhibit 0): 1. .Section 10.22. Subdivision I and Section 10.56. Subdivision 16 (L) (I) - .Vo hanLowr or impt'rvums .surface shall be placed, located or constructed within ~5 feet of the Ordinary fli^h Hater Level of any lake or tributary, e.xcept for stairways, lifts, landings and lockboxes n-75* Lot Area - 19,223 s.f. Existing Hardcover - 1,159 s.f. (6.03%) Proposed Hardcover « 1,185 s.f (6.16%) 901 s.f. (4.0%) 2. Section 10.22, Subdivision 2 and Section 10.56. Subdivision 16 (L) (2) - Hardcover shall not exceed 25% in the 75-250* setback. fOI-2693 Datitl and Maoanna Maitcr 2700 Shad)iM>od Hoad rioai rmtior: 75-250 ’ Lot Area = 15.320 sS. Existing Hardcover = 4,435 s.f. (28.95®o) Proposed Hardcover = 4,593 s.f. (29.98“ o) 3369 s.f. (23.9%) 3. Section 10.55. Subdivision 8 - \u hankover or structures are permitted within 7 S'of the lakeshore The new proposed deck atUched to the porch hai been removed from the plans. lioHcvcr, the plans do include the replacement of a deck and garage addition within 75* of the lakeshore. 4. Section 10.24. Subdivision 5 (B) - To pennit an 8’ encroachment into the side yard adjacent to street setback for a new porch proposed to be located off the southeast side of the house. The required side yard setback to C.R. 19 Shadnvood Road is 35' where the porch is proposed 27’ from the lot line. Proposed patio has been reduced in size to not encroach closer than 30' to the street property ’ line. The required setback is 35*. Rccommendations/Discussion Items Stafl' recommends approval of the variance to allow the deck to be a*placed within 75’ of the lakeshore. I he Planning Commission made the following recommendations prior to tabling the application: 1 he pt>rch and deck addition would he acceptable if the deck is removed from wiihin the 75* setback and removals of hardcover within the 75-250* setback would reduce hardcoser to not exceed 25 “b. A variance to the 35* setback for the norch would not be approv ed absent a hardship. • Tile City of Orono has approved variances to replace decks in the past. The deck would replace a deck lhai had existed on the house, likely since the house was originally built or shortly after. • The garage addition would not increase the hardcover on the property, however it is new structure within the 75’ setback. No other variances would be required because the garage would meet all other lot requirements. Options for Planning Commission .Action 1. Recommend approval of one or more of the variances listed above. 2. Recommend denial, stating reasons. 3. Table. 4. Other action. •0I-2S9) and M«>anne NUhet 2700 Shad>«ivd Road S200I Pa|c2or2 1 Date: To: FroM: Subject: MEMO July 20,2001 Paul Wciobeiicr Dave Mailer #01-2693 Variance Request for 2700 Sbadywood Below, in mpouse to tbe Planning Conmission meeting of July 16, are the proposed changes to the plan. The changes address the Commission request to reduce hardcover and the front setback variance. 0 - 75' Hardcover Reductions 1. rroove proposed deck construction 2. remove garden shed A slab on side of house 3. remove brkk sidewalk 4. remove garden bricks 5. remove greenhouse Total Hardcover Reduction 26 sq. ft. 04 20 13 12 160 sq.ft. 0 - 75* hardcover before changes 1,061 l.ess: changes J[60 Net hardev ’ er 901 4.7% 75* - 250' Hardcover Reductions 6. remove S' s 20* concrete driveway slab 7. remove retaining walls (rdl to garage - ground lev el) 8. reconfigure sidewalk between garages 9. remove greenhouse 10. reduce size of porch addition 11. remove proposed deck addition Total Hardcover Reduction 75'-250* 160 sq. ft. 41 22 39 42 94 398 sq.lt 7S* - ISO' hardcover before chaoses Less: chaoges Net hardcover 4,M7 dl3i 3,M9 23.9% This proposed pbo redoces hardcover ta the 0 • 7S* womt froai 6.0% to 4.7% aod Aron 2t.9% to 23.9% io the 75* - 250 ’ looe. To accoamodale the 35* setback fron the froot we have redoced the toe of the porch aod OMved it back fron the street by 4* so the 35* sHback b realbcd at the poiot of attachneot to the bowse. We abo aoslcd the froot side waM of the porch to nininiiie encroachmciil into the 35* setback. Ooc of oor reslrictioos b the doorway into the porch whkh oscs ao esbting window opening. The new deck has been dininated. Abo note that the comer of the sooth wal of the eaisting hoose straclorc c«inrcntly has jost a 27* setback fron the front (CO. Rd. 19). Paol, let ne know if yon kave any qnesliotts or snsfcstioos. Give ne a caM after yon have a chance to review the propoo^ changes. My direct line office nnnber b 952- 975-2320.1 an luoaly in the office between 7:00 AM and 5:00 PM. ntelMiiajrfiiiitii i MLNITTESOFTIIE ORONO PLANNXNG COMMISSION MEETLNC Monday, July 16.2001 ______ (MOI-2693 David And Maryann Maiser, Continued) Lindquist stated that the lot is "maxed out" which is why the additional po ch/deck is a problem. Mabusih reiterated that it would be difficult for her to approve the porck'deck addition because of the c.\cessive hardcover. Stoddard stated he would approve the garage and deck replacement, but would like to see the deck removed from the porch addition in the 0-75* zone. Anything else that could be done to remove hardcover would be helpful, such as the greenhouse or sidewalk. Hawn stated she would accept the porch/dcck addition if it could be reduced to meet the 25% hardcover requirement and move it within the street setback. Berg suggested that as they reconsider their plans, all items to be remo’. cd should be sht>wn so there are accurate calculations. Mabusth added that the porcK'dcck addition should meet the 35* setback rather th,;p having an 8 encroachment into that setback. Mrs. Mai.scr stated there were some considerations in the porch addition for the entry since the proposed entry is where an existing window is located and moving the addition back 8* may impr : that entry. Hawn moved. Smith seconded, to table Application #01-2693, David and Mary ann .Maiser, 2700 Shadywood Road, requesting variances for a garage, deck replacement and porch/deck addition. Ayes 7, Nays 0. (#6) #01-2694 BAYWLND CHRISTIAN CHURCH, 2477 SILADVTVOOD RO/\D, CONDITIONAL USE PERMIT. 8:33 p.ro. - 8:58 p.m. George Wells. Helmer Heckal. Pastor. Greg Metz, and Frank and Joan Svoboda, property owners, appeared on bcl.'lf of the BayWind Christian Church. The Certificate of Mailing and Alfidavit of Publication were noted. Botienbcrg reviewed the Staff report stating that lire BayWind Chris .-n Church is proposing to occupy an existing structure located at 2477 Shadywood Road which has prev iously been used as a realty office and environmental service- business. The building is located in the B-4 zoning district with a recent code amendment which allows "churches" as a conditional use in the B-4 Office and Professional Business District The church would like to purchase the building as an interim step toward constructing its own church building in the future. There are no plans for structural changes but they will remodel a number of interior spaces. The building consists of two floors. The entire second floir will bt used by the church as a san tuary, conference rooms and church offices. A PAGE 12 i MINLTES OF THE ORONO PLANNXNG COMMISSION MEETLNG Monday, July 16,2001 (#01-2693 David And Maryann Maiser, Continued) porch/deck addition increases the hardcover from almost 29 % to 30*/*. The proposed garage would be constructed over the existing driveway access: therefore no additional hardcover is created. Mr. Maiser commented that they arc essentially adding a two-car garage over an existing concrete driveway. The house currently has a two-ca-- tuck-under garage that holds only one car and is used mainly as a workshop. They also looked at adding a three-season porch under the deck that collapsed but it became non-functional. There were no public comments. Smith asked for a a review of what is considered "replacement" versus "new" structure Weinberger indicated these areas on an overhead diagram. Hawn stated she had no problem with the garage or deck replacement, but had a concern with the porch/dcck addition because it exceeds hardcover standards. Lindquist agreed with Hawn and stated that no additional hardcover should be allowed. No more structural coverage should be considered for the 75-250’ setback He would allow the hardcover that exists but no additional hardcover. Weinberger added that the Staff report did not indicate that a 35* setback is equired to be met to the road, and the proposed porch encroaches 8 ’ into the 35* setback, requiitng an additional variance. Mabuith stated that she thought the existing garage was going to be remov ed. Mr. Maiser confirmed that it would not be removed. Mr Maiser stated that landscaping plastic could be removed to address hardcover issues Lindquist replied that the landscape plastic would need to be removed if any v ariances are granted, and there would be no credit for it Mabusth asked for clarificition of the hardcover calculations regarding and replacement structure. Weinberger responded that in the past in some remodels the 7.r-250‘ zone had been considered fo- additional hardcover when thev didn’t meet the 25V» requirement. Mabusth noted the lot has many hardships including the angle o. ,iie houie. the 35* setback, a d the location of the 75’ setback. Excesses in hardcover alreadv exist and nothing can be removed e.xccpt the existing garage, which is located out of the 0-75’ setba .. area. She suggested tabling the appli.ation with direction to the applicants, such as major reductions in hardcover and no encroachments in the 0-75* zone fc»r the porch/deck addition. Removal of the existing garage.'workshop and the greenhouse may be options to reduce hardcover. Mrs. Maiser indicated that it may be possible to remove the greenhouse, but one of the main reasons they bought the property was because of the workshop area. Weinberger noted that 56% of the lot is within 75’ of the lake, which creates a real challenge in working with improvements. PAGE 11 MLNUTES OF THE OKONO PLANNING CO>LM1SSION MEETLNG Monday, July 16,2001 (f(01-2697 Larry And Sharoo Gcbl, Continued) CafTron stated he could not predict future plans but did not think an 8 ’. 10' or IS' setback would impact the City’s use of the right-of-way. The applicants may have a greater issue with how .lose they want to be to a right-of-way with an unpredictable future use. Hawn thought that it may be unfair to ask for a 10' setback since there is * ;ady an encroachment with the house existing at the 8' setback. Although she would prefer the lU' setback, requiring it creates cn irregular shape for the house. Mabusth indicated she agreed with other Planning Commission members i*nd would allow an 8 ’ setback. Smith suggested an option may be to angle the house from the existing comer at the 8* setback to meet a IC‘ setback at the opposite garage comer. Lindquist did not think the change was important enough for 2'. Stoddard moved, Berg seconded, to recommend approval of Application #01-2697, Larry and Sharon Gchl, 1825 Concordia Street, granting approval of variances to permit an 8* side setback w here a 15* side setback Is required for a tw o-story* addition to the house, including a garage and second floor living space above the garage. Ayes 7, Nays 0. (#5) #01-2693 DAVID AND .MARVA.NN .MAISER, 2700 SIUD^AVOOD ROAD, V a RLANCES, 8:10 p.nt. - 8:33 p.ro. David and Mary ann Maiser. the Applicants, were present. The CeniHcate of Mailing and .AfTidav it of Publication were noted. Weinberger staled the application is a three-part request requiring separate variance approvals as follows: 1) The addition of an attached garage (23' x 28 8') to the house requires a variance to encroach into the 75' lakeshore setback. 2) Replacement of a deck (9’ x 28‘) that had v jllapsed from snowfall requires a hardcover variance because it is within 75' of the lakeshore. j) The addition of a three-season porch on the south side of the house w iih an attached deck requires a hardcover variance because the addition is over the 25^« allowed hardcover in the 75-250' setback The properly is located in the LR-IB zoning district requiring one acre. The property is approximately 3/4 acre and was originally developed in the 1960'$. The detached garage was added in *974 and met the standards at the time it was built. ;r stated that the proposed additions include remodeling the existing attached garage to c, an equal replacement of the previously existing deck, and a porch/deck addition. The PAGE 10 5 Date of Complete Applicatioo: 7/2/01 60 Day Deadline: 9/1/01 TO: Chair Haw n and Orono Planning Commission Members Ron Moorse, Cit> Administrator FROM: Paul Weinberger. Zoning Administrator/Pianner DATE: July 6.2001 SUBJECT: iiO 1-2693 David and Maryann Maiser 2700 Shadywood Road Variances - Public Hearing Zoning District: List ol Eahibits LR-IB One Family Lakeshore Residential District A Application B Plat Map C Survey D I" Floor Plan E Floor Plan F Hardcover Calculation Worksheets G Site Photos H Property Owners Notification List Applicniion Summary Applicant has submiued an application requesting replacemep» of an attached 9’ X 28’ deck within 75’ of the lakeshore. a 23’ X 28 8’ garage addition encroaching within 75* of the lakeshore. and a 12’ X 20 ’ porch with attached 12’ X 11' deck within 75’ of the lakeshore. The existing attached garage on the lowe* level would be converted into a bedroom and study. The application requires review- of the following variances: 1. Section 10.22, Subdivision 1 and Section 10.56. Subdivision 16 (L) (1) - No hardcover or impervious surface shall be placed, located or constructed w ithin ‘5 feet of the Ordinary High H'ater Level of any lake or tributary, except for stairway s, lifts, landings, and lockboxes 0-75 ’ Lot Area » 19.223 s.f. Existing Hardcover =1.159 s.f. (6.0.3%) Proposed Hardcover - 1,185 s.f. (6.16%) •01-2693 Drrid md Matter 2700 Saa4>-Mood Road Pi|C I of4 Section 10.22, Subdivision 2 and Section 10.56, Subd^' ision 16 (L) (2) - Hardcover shall not exceed 23% in the 73-250' setback 75-250’ Lot .Area = 15,320 s f E.xisting Hardcover 4,435 s.f. (:8.95“/i) Proposed Hardcover » 4,593 s.f. (29.98'Jo) Section 10 55. Subdivision 8 - Ao hardcover ''•’structures are permitted within 73'of the lakeshore Section 10.24, Subdivision 5 (B) - To permit an 8 ’ encroachment into the side yard adjacent to street setback for a new porch proposed to be located off the southeast side of the h.ouse The required side yard setback to C R. 19'Shadnvood Road is 35’ where the porch is proposed 27' from the lot line. Discussion Applicants lot was or.ginally developed in the early 1960s The detached garage was later added in 1975. To meet the needs of the applicants they have proposed an addition to house that vvou.d remodel the e.xisting attached garage to create more living space The existing garage is proposed to be conv^ened into a bedroom and mud exercise room Extending out from the old garage would ^ a new 23' X 28 >’ 2 li car garage. The garage would not increase hardcover because it is being built dnveway. The proposed garage encroaches approximately 5’ into the lakeshore setback. Tire garage was designed to follow the existing house, thus not encroaching any closer to the lakeshore than the house. At the time the house was bui.i ihere was no requirement to meet a 75 setback from the lake. > jocated on the lakeside of the residence had collapsed due to heavy snow this past winter. The deck has not been replaced because a variance is required to teplace the deck. Applicant’s have stated the deck would be a replacement, not an enlargement of the deck that had collapsed The deck IS structure and hardcov er w ithin the 75' setback. Access to the deck would be through sliding doors that enter from the second level of the house. No stairway access to the deck has been pressed A I. X 20 porch and deck are proposed off the southeast side of the house The porch and deck are new construction not replacing any other structure or hardcover. There are several issues with the ^rch and dwk proposal. The porch encroaches 8' into the side yard adjacent to the street setback Code considers the Shadvxvood Road property line as the side propenv line because it is m the snoner of the tw^o dimensions along a street for a corner lot Therefore the property line abutting West Lafayene Road is the front property line. Also the porch and part of the deck contribute 'a increasing the hardcover in the 75-250’ setback. The deck is new structure and hardcov er within 75’ ot the lakeshore. a^chcrt^thS^rciwri^ numbered I) garage, 2) deck, and 3) new porch'deck on the survey'site plan *01-2693 David md .Mar>un< .VUImt 2roo Siudvuood Rtfsd 7/ISOI Pile 2 Of4 1 1 p i t i. f. Sutement of Hardship The applicants have not submitted a statement of bar Jship. They should be asked for their testimony regarding this issue. Hardships must be inherent in the * and should not be granted as a convenience to the property ovsner. RccommcDdatioos/Discussion Items The City of Orono has approved vari.mces to replace decks in the past. The deck would replace a deck that had existed on the house, likely since the house was originally built or shortly after. The garage addition would not increase the hardcover on the property, however it is new structure within the 75' set xtek. Redesigning the garage to stay outside of the 75* setback w .Id stilt require a variam e because the garage would constitute an alteration to hardcover that exceeds 25% in the 75 ^SO’ setback. No other variances would be required because the garage would meet all other lot requirements. Additional variances are required because the garage is within 75* of the lakeshore. As stated previously, the garage addition was designed to meet the same setback from the lakeshore as the house. The new deck and porch arc each within required setbacks and increase overall hardcover on the property. Please refer to the Analysis Worksheet on page 4 and hardcover calculations that have been attached for a breakdown of the overall hardcover on the property Options for Planning Commission Action I. Recommend approval of one or more of the variances listed abov e. Recommend denial, stating reasons. Table. Other action. •01-2693 Otvid amJ Vl«r niae Moitcr 2700 Shje>%»ood ao«4 7/16^1 Pif*3of4 J Lot Area : ANALYSIS WORKSHEET LRIB Lot Area Required 1 acre Actual 34.543 s.f (0.79 acre) Structural Covtnige: Total Lot Size Total Structiual Coverage 34.543 s.f Allowed: 5.I8Isf(l5%) Existing: 2.133 s.f (6%) Proposed: 3.423 s f (I0®/o) • Proposed New Structure Hardcover Calculatinf^; Garage - 662.4 s.f. Deck « 256 s.f. Porch;T)eck » 372 s.f Distance from shoreline Total area in setback Allowed hardcover Existing hardcover Proposed hardcover 0-75’19,223 s.f 0 s f (0“/o)U59 s.f (60%) 1.185 s.f (6.1%) 75-250*15.320 s.f 3.830 s.f (25%)4.435 s.f (28 -Vo) 4.593 s.f (29.9®/o) Hardcoser if lam Iscane plastic is removed Distance from shoreline Total area in setback Allowed hardcover Existing h jdcover Proposed hardcov er 0-75*19.223 s.f 0 s.f (0%)1.035 s.f (5%) 1.061 s.f (5.5%) 75-250*15.320 vf 3.830 s.f (25®.i)3.909 s.f (25.5®/.) 4.067 s.f (26.5»/i) •01-264J David Mil Mar)vn< .Maiur 2700 Shjdvuood Road 7/livOI Pafc4er4 AppUcation » Ot-0-(/f3 Date Recch'cd -20c i Amount Paid ^S~Q. 00 CITY OF ORONO - VARLANCE APPLICATION Initial Application Fee $250.00 ($50.00 per each additional variance) Renev^'al Variance Fee $150.00 (no change from original application) Variance for non-conforming structures $250.00 Afrer-the-Fact Fees (Double application fee) property INFORMATION Site Address Oncao P Property Identification Number (PID.) 31 -ti 0 -02 i)tc<i.d/a>e j TSJJ/ * _______________\______ . __ ov qqJ/______ Attach legal description to application if not included on required surv'ey. Dale Property Acquired O V. OooqL/AiC ____ I (do) (do not) also ov^n the adjacent parcels of land. Present use of property: X residentiad ___pother (specify). Zoiung District: 2. ff - / ft_________________________ _(month/ycar) applicant Name w/a Phone (home). Phone (vs‘ork)_ Address:j2^ i?o 0\VTS’ER (if different than applicant) Name ________________________ City:____Zio: Phone (home). Phone (work)_ Address:.City:. description of request Estimated Construction Cost S fy). ooo Describe request in detail: 9* y Oo nsfir DwM/nc.tC> f to) C/7QUA ._____________________________________________— (attach additional sheets if necessary) VARIANCES REQUIRED Lot Area iX* Setback: ____Lot Width Front Side Hardcover Rear Lot Coverage ___ Average Lakeshore Other (specify) . HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing compliance wth Zoning Code requirements:_____________________________________— # O (attach additional sheets if necessary) -’A- .*• ,;0 CERTIFICATE OF SURVEY FOR DAVID MAISER M TRACT A. R.L.5. NO. 420, ic W LOT 13. SHORE WLLS & TRACT A. R.L.S. NO. 846 ^€NNEPW COUNTY. MWNESOTA m \ ■IS*:?.: UC*L MSQU^nOw or WHMISM fctUt«*« th« Morl-«««*l*rlr I.m« «r , --- - . • ► * •*« *•< »'»• l»««n«rl* lin«t «t*tai«t«rc4 land Swr.a^ Na. las «•« Ifinf MartrMaalar■■ at in« lallaaina dat 4 lint •fiicii ailtnaa aarpandicuittljr from iht NoMKtatl It paini In Traci ai a Kna rwnninf tram lur.tr *20 la lha rrotl (atla'I tKat pari at Traci A. lyinp VttI tpultitri* liAd at laid Traci A I •aid Narlhtrlr IIna al r dinntitla. And Inal pari IfiAa Call at a line runni Traci A la a paini in ina narintn. iina at a al riatl analai Itiarala Rtcardi at Hennepin Caunit. Winntiala Alia Traci A. Rtfalacad Land W«tr Ha. led. Manntp.n Ca«nlr Traci A.Traci A.ina deteriPtd Iint; Traci A at Rta .•. «ia paint In int A. unicA I int iraalt at Rtaititrtd Land Rtyilltrtd Land Sur.tf Na •« lAa mail Nannerir at laid TriiililltiiiS;:: Minntiaia a : dinaltl Iran inarktr •tarindt iAatn arc Miad ap«n an aaawnid daltm. Tnia aut.ar Inland! la ihon Iht Aawndariai at tha aba*a daicribad praatrl* lacallan al an atitlina Kawii and faraft. lAa lecatlan at all tiiibla *aa/^ and lha prapatad iMalian at l«a prapaitd addltiani lharaan. II daai nal pur la lAan anr alAtr inaravamnta tr ancraactnanla ^ IM _ja*tr" purpart GRONBERG ic ASSOCIATES, INf. .• CM Cn^naara, Land S>t>tran, Land Hiorrara 444 Nami Wlaa OHta. Lang L*a. Ui SUSS •S3-47S-4I4I r ------^ oor HtTAL. •'TC Ncv cey^arTmxK^nsu Xt-r-o DAVto . C-Zo- Rffv'. 7-Z 0/ HARDCOVER CALCULATIOiN WORKSUEET 75.250’2S0-S0U'SOO-iOOO’ A House 4^0 SF. Ltnfih Wid'Ji X «SF. X m SF. X m 36 SF.-BovLOCR B. Garage 2 -X 17 #• SF. C, Driveway X 234 S.F. X m SF D. Sidewalk \m lO X m S.F. E. Paiio/Deck X 12 IZO S.F. - pATfO X B 13 ..S.F. V (Sect'S IN 6p-rtfi* F. Landscape X .124 SF. Underlain X -S.F. By Plastic X ■S.F. Or Fabric 0. Other X ts 35"S F VN«eU.5 7 Metis TOTAL HARDCOVER IN ZONE 115^S.F. A TOTAL PROPERTY AREA IN ZONE •14 223 i S.F. B A - B N ICO «A.OZ t % • PROPOSED HARDCOVER IN ZONE ‘• • A House X 3 S.F. .Ltnfih \ViJ;S X Mt S.F. X S.F. X a S.F. B. Garage X a S.F. C. Driveway X a S.F. • X m S F. D. Sidewalk X m SF. X m SF E. Patio/Deck X •^2^P(?OR75c'0 S f • "cfcii - Nf r £»fl X m S.F. F. Landscape X m SF. Underlain X m SF. By Plx^tic X m S.F. Or Fabric G. Other •X m SF. TOTAL HARDCOVER IN ZONE lias SF. A TOTAI. PROPERTY AREA IN ZONE •i«. 223 i S.F. B A - B X ICO «6.I& 2 % bmim D<*W/r> SETBACK ZONE: (CIRCLE ONE) EXISTING HARDCOVgR p ^n.Mr A. House hardcover calculation WORKSUEE l 2'0/ 0-75' TION V 250-5CC'500-1000' B. Garage C. Drivfway D. Sidewalk E. Patio/Dcck • • F. Landscape Underlain By Plastic Or Fabric G. Other X m IDIO S F U.“.jth X VV.C-N m iO S S F.X B X «4i S F Z0.2*2».3(-2i X ----.sr. (JtlTAlH/ISt m/all V X B ____ ^ 1456 r. -iNCLVO S F X S W A a S F \m 30 707 W*4 C0>jC. •s F - *y C p « C9MC. U/Afi^ FXm X — 5t>-fiSTJf3y• S F X m w a S F 307 -RP7 X 526 S F X B W i a s ^ X a w a . S F Zl X .67 B /4 S F.-^.l?. TffJ total Hardcover di zone TOTAL PROPERTY AREA fN ZON'E .443^S.F - B • • V w i’?.3zg>t s.r. __Zi.tst % A B PROPOSED RARnrOVFR IN 70\T A House Length + X X X m SB a POi2Cfi NtT SF S.F. SF. B. Garage C. Driveway * -O tiC » f r •; /,»/T i/ry* X X SF. SF. D. Sidewalk X X E. Patio/Deck SF. SF. X X 2 ?5A in ' S F F. Landscape Underlain By Plastic Or Fabric X X X S.F. SF. SF. G. Other total Hardcover in zone TOTAL property AREA IN ZONE - B X ICO - ___________S.F. IS 320 1 SF. y# A B llUMlJ lIliii'i mill III II I nil I'l iMiiitiii III iini*«ni^iiiirfiiiMiii . »>.... .. «... •V t- i- « . •.t •1. * ^ ** • •.K ?^--- • . -.....-• ••"•■ ^'^v.t:^ ... - • ••^ ^ .... ' " ^.. __ . - • *.., <" ■** . ..vj;...>.^ ^_ _ . . .. - ••—- isT*----- — --------------m-...-- •• 7 • ir'^- • • % «• : .• •< »: *> •'Vr.Va, •• .**T - ** #•■••••' .«• .* w (. . 5^___ %' V ' vkor* ^ w , .f n» - f ' V f- -*-5._ V • ••■ ■■■ r» uri? ••• ;.. v,.:^■•/•••.“:' *^- •• i *:^:>' v.;i::.: ^:r~v^3;^ ;'' ■ . •:' •*• .•• *. l.*.*M <•* «■• .. • - * ’• »V •• ^* •• —• mmmm m w^wr^-''’'^ 4a^'^il ■ .'tT.^WT!- Vi-,.'.V^ a i. w,,, V • .. & RUN DATE OS/00/91 MTCIl 5Q^ HENNEPIN COUNfY PROPERTY INrORNATlON SYSTCN PROPERTY OWNERS LIST PROP AOOR OWNER NANC TAXPAYER NAIfE/AOOR PROP ADOR OWNER NANE TAXPAYER NAHE/AODR PROP ADDR OWNER NANE TAXPAYER NANE/AOOR PROP ADOR OWNER NANE TAXPAYER NANC/AODR «ROP ADDR OWNER NANE TAXPAYER NANE/ADOR PROP ADDR OWNER NANE TAXPAYER NANE/AODR 36 21-117-r3 2A tiOS •2765 SIIAOYWOOO RD c o i j N rox GAYLORD O A JON NARIE FOX 27IS SIIADYWOOD RO EXCELSIOR NN 5S33I 30 21-117-23 2^ 6936 66636 ADDRESS UNASSIGNEO DAVID F NAISER/NARY A NAISER DAVID F NAISER/NARY A NAISER 2760 SHADYWOOD RD EXCELSIOR NN SS331 30 21-117-23 2fi 6036 00036 ADDRESS UNASSIGNEO VICTORIA L GAGNE VICTORIA L GAGNE 2615 W LAFAYETTE RD EXCELSIOR NN 55331 30 21-117-23 26 0030 02655 WEST LAFAYETTE RD R H NARTENS A E L NARTENS RONALD A ESTHER NARTENS 2655 WEST LAFAYETTE RD EXCELSIOR NN 55331 36 21-117-23 26 0067 6^*(iS5 WEST LAFAYETTE RD R II NARTENS A E L NARTENS RONALD A ESTHER NARTENS 2655 WEST LAFAYETTE RO EXCELSIOR NN 55331 TOTAL BATCH 566 60615 36 21-117-25 26 0006 02725 SHADYWOOD RD N 0 A R A NCEK NICIIAEL 0 A ROBERTA A NEEK 2725 SHADYWOOD RD EXCELSIOR NN 55331 36 21-117-23 26 0031 02706 SHADYWOOD RD DAVID F NAISER/NARY A NAISER DAVID F NAISER/NARY A NAISER 2700 SHADYWOOD RD EXCELSIOR NN 55331 36 21-117-23 26 0037 00036 ADDRESS UNASSIGNEO VERNON E TURUA ETAL VERNON E TURUA 2660 SHADYWOOD RD EXCELSIOR NN 55331 36 21-117-23 26 0065 00036 ADDRESS UNASSIGNEO NARGARET L LOWE NARCARET L LOWE 2630 LAFAYETTE RO W EXCELSIOR NN 55331 36 21-117-23 26 0655 62663 SHADYWOOD RO TODD A ROBIOEAU TODD ROBIOEAU 2663 SHADYWOOD RD EXCELSIOR NN 55331 REPORT no. PI635601 PAGE 13 36 21-117-23 26 0005 02735 SHADYWOOD RD R C CAY A S L CAY RICHARD CAY t SUE GAY 2735 SHADYWOOD RO EXCELSIOR NN 55331 36 21-117-23 26 0032 02720 SHADYWOOD RO D A RVAN I J C RVAN TRUSTEES JOHN C I BEVERLEE A RVAN 2720 SHADYWOOD RD EXCELSIOR NN 55331 36 21-117-23 26 0036 00636 ADDRESS UNASSIGNEO NARGARET L LOWE NARCARET L LOWE 2630 LAFAYETTE RO W EXCELSIOR NN 55331 30 21-117-23 26 0066 62660 SHADYWOOD RO VERNON E TURUA ETAL VERNON E TURUA 2600 SHADYWOOD RD EXCELSIUR IVI 55331 36 21-117-23 26 0066 02750 SHADYWOOD RD JOHN L FIEBELRORN JOHN.L FIEOELRORN 2750 SHADYWOOD RO EXCELSIOR NN 55351 Application Date: 6/19/01 Deadline: 10/17/01 TO: FROM: DATE: SUBJECT: Chair Hawn and Orono Planning Commission Members Ron Moorse, City Administrator Paul Weinberger, Zoning Administrator/Planncr August 13, 2001 #01-2692 ABC Supply Company, Inc. 276S West Wayzata Boulevard Outdoor Storage Conditional Use Permit Zoning District: Last of Exhibits I, Industrial A Revised Site Plan B Planning Commission Minutes (July 16, 2001) C Planning Report (July 11,2001) Review of Request ABC Supply Co., Inc. has been leasing the VCl Capital Building since March 2000. ABC Supply is a wholesaler/warehouser of building and constructic.i supplies, including roofing materials, siding and windows, as well as other smaller supplies that are for sake to contractors. Wholesale and warehouse businesses are listed as “permitted uses” in the 1, Industrial district. The wholesaling operation permits ABC to receive and deliver materials in bulk amounts to and from vendors and contractors off-site. No individual retail is pennitted in the Industrial district. ABC’s current use of the property is consistent with the intent of the Comprehensive Plan and 2^ning Ordinance. Please review Exhibit H a list of permitted and conditional uses in the district. ABC is requesting a conditional use permit to permit permanent “outside storage ” of stock materials on the property. They have been storing materials on the site since moving to the property, llie warehouse is used when possible, however when the amount of stock exceeds the storage capabilities of the warehouse certain items are stored outside, litis is primarily the case in the Spring and early Summer when there is excessive stock on hand for the upcoming construction season. Some materials are delivered and ate stored outside the building when it is anticipated the items will only be on-site for a few days before delivery.__________________________________________ Outside Storage Area The Municipal Code does not have a criteria that specifically defines permanent or temporary outside storage. Some cities allow temporary outside storage for a period not exceeding a defined time limit, usually 72 hours. Some of the materials that are delivered to the ABC site are not warehoused indoors. Those items are stored in a large area, approximately 24,000 s.f. in size, located on the south side of the building. Most of the stock is stacked two pallets high in the outside storage area. VOI-2692 ABC Supply Co.. Inc 450 Old Crystal Bay Road ft/20/01 Page I of 3 The Conditional Use Permit/lndustrial district standards require the applicant provide screening to buffer the storage area and activity associated with the outside storage area. The property is located adjacent to residentially zoned property across Old Crystal Bay Road. Other lots located around the site are located in the 1, Industrial District. The primary screening that is exposed to residential or public property are the properties west of Old Crystal Bay Road. The screening of the open storage area shall be screened by a fence or wall not less than five feet in height and not less than 50% opaque. Lots are also required to be landscaped with trees, shrubs or planted ground cover. Such landscaping shall conform with a plan acceptable by the City. Plaiming Commission Recommendation The Planning Commission tabled the application on July 16 recommending the following details be addressed with the original plan: 1. Designate an area for delivery trucks for overnight parking. 2. Provide an employee paildng area and screening. 3. Provide plans indicating location of a raised berm and tree planting area. ABC will be installing two signs to be posted north of the delivery entrance that state “No Overnight Truck Parking". The locations of the signs are shown on the site plan. ABC has also notified their vendors that overnight delivery parking would be located around to the east side of the building. The new plans have indicated a berm and planting area to be located between the proposed outdoor storage/parking area and Old Crystal Bay Road. The berm height should be a minimum of a six foot height with planting above and around the berm. Six foot trees for screening purposes have typically been planted above berms. The parking area is shown to be relocated west of the outside storage area, meeting the required 75' setback. Parking stalls are required to be 20' in length however they are only showing a 25' wide paved surface. Adding additional space to the parking area would have an encroachment into the front setback. 5' is not an adequate backing and maneuvering area for vehicles. Parking areas are not permitted within required setbacks on the property. Required setbacks for the subject property are as follows: 75* from Old Crystal Bay Road 10' from the side or rear property lines Options for Planning Commission Action A. Recommend approval. A recommendation of approval shall include conditions that would protect the surrounding properties and uses from the activities that would be related to outside storage. 1 Activity related to outside storage shall be limited to the hours specified by ABC as I0I-2692 ABC Supply 0>., lac 450OMCiytUlBayltoaS 1/2001 P^2oT) B. C. their regular business hours. 2.All parking related to the operation of the business shall be limited to the areas designated on the plan and approved by the City of Orono. Parking areas are required to bo a hard, all-weather, durable, dust-free surface material. 3. 4. Light sources must not be visible beyond the property boundries. Conditions shall be placed on the limits of activity that occurs during non-business hours, including deliveries, transporting materials on site and parking of business related vehicles. 5.Screening shall include an elevated berm with evergreen plantings on and around the berm with the intent to protect the residential properties located west of Old Crystal Bay Road, a flnal landscaping plan shall be submitted for review prior to the Council Action. Final landscaping plan shall include 8 evergreen trees on the berm and 8 hardwood trees. Evergreens can be substituted for hardwoods, but no hardwoods can be substituted for evergreens. All noise generated by the operation of the business shall not exceed the allowed noise levels as set by the City of Orono Noise Ordiiuuice. 7.Any other conditions as the Planning Commission feels necessary to protect the public safety and health from noise, smoke, toxic or noxious matter, odors, vibration and glare. Recommend denial, stating reasons. Table. D. Other action. •01-2692 ABC Supfily Co. Inc 4SOOMCiyslalBayRo«i •aomi Piie3or3 MINUTES OF THE ORONO PLAN7<ING COMMISSION MEETING Monday, July 16,2001 * (II0I-2694 Ba>>vind Christian Church, Continued) Heckel expressed his appreciation for the patience and fairness the Planning Commission and City have shown the church representatives in working with their applications. (ttl) tiOI-2696 ABC SUPPLY COMPANT, INC. 2765 WAYZATA BOULEVARD, CONDITION AL USE PER.MIT, 8:59 p.m. - 9:38 p.m. M>ron Dahl. Manager of ABC Supply Company. Don Jeziorski. Lessee for ABC Supply Company, and Steve W hite, property owner, were present. The Certificate of Mailing and Affidavit of Publication were noted. Weinberger explained that ABC Supply has been leasing the VCI Capital building since March of 2000. .ABC Supply is a wholesaler and warehouser of building and construction supplies including rooting, windows, and siding sold exclusively to contractors. Wholesale and warehouse businesses are permitted uses in the Industrial district. ABC has been using a portion of their yard for outside storage and such storage is only allowed as a conditional use in the Industrial district. ABC also leases the north 125* ot the lot to the south and is proposed to be used under the conditional use permit for outside storage. The conditional use permit would allow ABC permanent outside storage ot stock materials. Orono's zoning code does not define permanent or temporary outside storage." Staff has discussed with ABC how the outside storage is handled. Often ABC receives materials at night or earl> in the morning, then will unload the trucks, leave the materials in storage for a short period of time, and then deliver within a day or two to a job site. Staff had told ABCthat as long as the materials were on the property for no longer than 72 hours, temporary storage would be allowed. Other cities typically allow 48 to 72 hours for temporary storage, which allows for Friday deliveries to be handled on \Ionday mornings when the business reopens. The property area at 450 Old Cry stal Bay Road is 2.3 acres with a 32,000 s.f facility used to house construction materials. The conditional use permit requires screening to buffer the storage area and its activities from surrounding lots. Lots to the east and north of the property are also industrial properties. However, lots to the west are proposed for medium density deyelopment of 2-4 units per acre in the Comprehensiye Plan and yvould need some type of buffering. The new Highyvay 12 is proposed to the south of the property . The screening or fence is required to be not less than 5' in height that would be located along the west property line not less than 50% opaque. The City also has the ability to require landscaping with trees, shrubs and other types of groundcover. Staff has a plan yvhich proposes a raised berm yvith plantings on and around the berm. This would screen an area that currently has pallets stacked tyvo high and approximately 6' in height. The site is served by a 26 ’ wide driveway with access from Old Crystal Bay Road and a staging area where trucks load and unload. A shared loading dock is located on the neighboring property. Employee parking is permitted and required on the site with a 75* setback for parking. With the building located 100 ’ from Old Crystal Bay Road, a 75’ setback with a 20 ’ parking space doesn’t Page is MINUTES OF THE ORONO PLANNING COM>USSION MEETCSC ______ Monday, July 16,2001 (#01*2696 ABC Supply Company, Inc., Continued) allow enough area for parking and maneuvering of vehicles on the west side of the buildine. This may require the parking to be within 60’ of the right-of-way. Customer and visitor parking are locatnl approximaKly 6' ouside th, building entranc. where iff is required. The Applicants have requested to continue to use the parking area as it e.xists. ABC has both summer and winter business hours. Outside regular business hours there mav be elivery trucks entering the site and waiting for the business to open, or the truck mav pull in drop a trailer and Icave^ Deliveries are typically made with semi trucks. There have been some phone cavils stating that trucks have been idling all night long. This type of activity has the potential to generate e.xcessive noise and odors that would go off site. The Zoning Code has performance standards which allows the City to protect the public safety and health against such things as noise, smoke, to.xic or noxious matter, odors, vibration and glare. consistent with other industrial and commercial areas with standard wall pack lights on security. No e.xcessive glare is visible at the property lines. A large flood light located on the south side of the building is of concern. open ^^1 ^me^*^* reasons. Staff recommends that the entire 26' roadway through the facility be left Weinberger stated the issues for discussion should include the following: Location and operation of outdoor storage area, including screening ~ Parking-location and screening - Noise ” Hours of operation Lighting Traffic Use of outdoor storage area and compatibility with surrounding properties Staff recommends approval to allow the outside storage, subject to the follow ing conditions: 1. Aenvity related to outside storage shall be limited to the hours specified by ABC as their regular business hours. 2. All parking related to the operation of the business shall be limited to the areas designated on the plan and approved by the City of Orono. Parking areas are required to be a hard, all-weather, durable, dust-free surface materi'al, and appropriate screening shall be provided for all parking areas on-site. 3 4. Light sources must not be visible beyond the property boundaries. Conditions shall be placed on the limits of activity that occurs during non-business relawdTeJiicIc* deliveries, transporting materials on site and parking of business PAGE 16 MINUTES OF THE ORONO PLANNING COMIVUSSION MEETING Monday, July 16,2001 (001-2696 ABC Supply Company, Inc., Continued) 5. 6. 7. Screening shall include an elevated berm with evergreen plantings on and around the berm with the intent to protect the residential properties located west of Old Cry stal Bay Road, a final landscaping plan shall be submitted for review prior to the Council Action. All noise generated by the operation of the business shat, .lot e.\ceed the allowed noise levels as set by the City of Orono Noise Ordinance. Any other conditions as the Planning Commission feels necessary to protect the public safety and health from noise, smoke, toxic or noxious matter, odors, vibration and glare. Jeziorski stated that they realize additional landscaping is required and were looking for Staff and Planning Commission recommendations. Steve White, property owner, stated he was in attendance to answer any questions. There were no other public comments. Lindquist asked if the Applicant had any problems with the staff suggestions. Jeziorski replied that he didn’t but had not seen the plan for the berm prior to the meeting. Lindquist expressed concern that the Applicant had not had sufficient opportunity to review the plans. Jeziorski stated that they had been considering either berming or fencing with privacy slats. Weinberger stated that there was an existing berm created approximately two years ago. The proposed plan would be an e.xpansion of the existing berm. Hawn asked for clarificafion of the ty pe of vegetation to be used on the berm. Weinberger suggested evergreens for year-round protection of the site, but other trees and shrubs could also be considered as part of the plan. Stoddard asked if there had been any input from neighboring pioperties. Weinberger responded that a couple anonymous calls had been received regarding idling truck noise at night. Jeziorski stated that independent truck companies make deliveries. They are requested to give a 24- hour notice but they don’t always do that. Trucks could come at any hour of the night and wait for the business to open. The applicants are willing to post the property but couldn’t post the road or right-of-way. Hawn asked if it was possible for the trucks to park somew here and turn off the engine. Dahl stated there was only one fence with a gate that is locked at night. Hawn stated that the ABC business had the potential problem of idling trucks, and it would be their problem to resolve rather than the City’s. Weinberger stated it was possible that delivery trucks could park off site (truck stops) or in the 100' of driveway that isn’t locked, and a sign could be posted on the gate indicating no idling engines. Jeziorski stated that a truck with a diesel engine would not shut it off. White stated it may be possible to use the Drop Ship parking lot after hours. PAGE 17 MINUTES OF THE ORONO PLANNDTG COMIVOSSION MEETING ____ Monday, July 16,2001 (MOl-2696 ABC Supply Company, Inc., Continued) Fritzler indicated that a police officer could ask an idling truck to move to the other side of the building to the Drop Ship parking lot if he was aware of the regulation. Most of the time, the truck driver would move his truck. If the truck driver refuses to move, the police could possibly issue a Citation for violation of the noise ordinance. Stoddard felt that with a property the size of ABC’s, there should be a wav to address the parkins issues. ' ^ ® Hawn referred to the bituminous parking. Jeziorski confirmed that the employee parking would be bituminous. Gaffron referred to ine parking setback issue and the possibility of a variance request. Jeziorski confirmed that there was a mxximum of 12 employees which would require 12 employee parking spaces. Stoddard asked if there was a way to avoid a variance by getting the employee parking inside the gated area. Jeziorski replied that they are still working on the plans. Gaffron asked If there w as any possibility of leasing more space to the south of the outside storage. Jeziorski stated they were looking at options for employee parking and fencins. Jeziorski addressed the flood light issue. He stated that it was only used for emergencies and would only be used during business house. Planning Commission members did not object to use for emergencies. Mabusth asked how many delivery trucks ABC has in the storage area. Jeziorski replied there are four trucks - one semi, mo cranes, and one convey or truck. He added that they were currently stocked at their mxximum capacity because of the busy construction season. Inventory is greatly- reduced from November to March. Employees are also reduced to 6 or 7 in the winter. Jeziorski stated that if the application were tabled, he could prepare a landscape plan with the berm and trees. Hawn requested that he also work on a parking plan without variances. Smith asked if the new Highway 12 plan would affect their business. Jeziorski replied that ABC was not a destination for that traffic since they work with contractors and deliver the product to job sites. Hawn moved. Lindquist seconded, to table Application #01-2692. ABC Supply Company . Inc., 2765 Wayzata Boulevard, requesting a conditional use permit to allow outside storaae. Ayes 7, Nays 0. jiGCO.NLMISSION COMMENTS («9) IMPORT OF PEMi^q^CO.NLMlSSION REPRESENTATIVES ATTENDING COUNCIL MEETINGS JUNnS^OOl AND JULY 9,2001 Smith stated she attetided the June 25* Council mMTm^^q^ommented that the Council reviewed the same issues as the Planning Commission regarding theB>9*Huid Church application and came to the same conclusions as the Planning Commission. PAGE 18 n c Application Date: 6/19/01 60 Day Deadline: 8/18/01 TO: FROM: DATE: SUBJECT: Ci.air Mavvn and Orono Planning Commission Members Ron Moorse, City Administrator Paul Weinberger. Zoning Administrator/Planner July 11,2001 <101 *2692 ABC Supply Company. Inc. 2765 West Wayzata Boulevard Outdoor Storage Conditional Use Permit - Public Hearing Zoning District: List of Exhibits I, Industrial A B C D E I- G II I J K L Application Applicant Summary of Request (June 18, 2001) Zoning Review Letter (April 4. 2001) ABC Letter (May 11, 2000) Plat Map Additional Applicant Submittals Site Photos Standard for the I, Industrial District Map 3B-7, Future Land Use Map Table 3B-5b, Future Land Use for Residential Properties West of Old Cry stal Bay Road Property Owners Notification List Site Plan Application Summary ABC Supply Co., Inc. has been leasing the VCI Capital Building since March, 2000. ABC Supply is a wholesaler/warehouser of building and construction supplies, including roofing materials, siding and windows, as well as other smaller supplies that are for sa|ic to contractors. Wholesale and warehouse businesses are listed as “permitted uses" in the 1. Industrial district. The wholesaling operation permits ABC to receive and deliver materials in bulk amounts to and from vendors and contractors olT-sitc. No individual retail is permitted in the Industrial district. ABC’s current use of the property is consistent with the intent of the Comprehensive Plan and Zoning Ordinance. Please review Exhibit H a list of permitted and conditional uses in the district. ABC is requesting a conditional use permit to permit permanent “outside storage" of stock materials on the property. They have been storing materials on the site since moving to the property. The warehouse is used when possible, however when the amount of stock exceeds the storage capabilities of the warehouse certain items are stored outside. This is primarily the case in the Spring and early Summer when there is excessive stock on hand for the upcoming construction season. Some materials are delivered and are stored outside the building when it is anticipated the items will only be on-site for a few days before delivery.____________________________________________ m «01*2692 ABC Supply Co. Inc 450 Old Crystal Bay Road 7/16/01 Page 1 of 5 Pertinent Code Section Section 10.50 - Requirements for the I. Industrial District. [Property Info) Lot Size 450 Old Crystal Bay Road Lot Size Outside Storage Leased area Warehouse building size 2.3 acres 194* X 125* = 24,250 s.f. Located on property south of the 450 Old Crystal Bay Road Lot 32.250 s.f Outside Storage Review The Municipal Code does not have a criteria that sped fically defines permanent or temporary outside storage. Some cities allow temporary outside storage for a period not exceeding a defined time limit, usually 72 hours. Some of the materials that are delivered to the ABC site are not warehoused indoors. Those items are stored in a large area, approximately 24.000 s.f. in size, located on the south side of the building. Most of the stock is stacked two pallets high in the outside storage area. The Conditional Use Permit/Industrial district standards require the applicant provide screening to buffer the storage area and activity associated with the outside storage area. The property is located adjacent to residentially zoned property across Old Cry stal Bay Road. Other lots located around the site are located in the I, Industrial District. The primary screening that is exposed to residential or public property are the properties west of Old Crystal Bay Road. The screening of the open storage area shall be screened by a fence or wall not less than five feet in height and not less than 50% opaque. Lots are also required to be landscaped with trees, shrubs or planted ground cover. Such landscaping shall conform with a plan acceptable by the City. No official landscaping plan has been provided with the plan set that has determined the size, number and size of trees to be planted. The applicant has considered two options. 1) To provide slats in the existing perimeter fence that break up the view from the properties to the west and 2) provide an option to plant trees along the west side of the property to provide a natural buffer. Planning Commission is asked to provide direction to the applicant as to size, type and location of trees. Staff would recommend a staggered planting plan of evergreen trees outside the fence and constructed on and around an elevated berm. Parking yio' Parking areas ar^ermitted within required setbacks on the property. Required setbacks for the subject property are as follows: 75* from Old Crystal Bay Road 10' from the side or rear property lines «01-269: ABC Supply Co . Inc 450 Old Cr>sud Bay Road 7/16/01 Page 2 or 5 Parking areas containing more than six spaces that face either a public street and/or residentially zoned property shall have a solid wall or fence of not less than four feet nor more than six feet in height for screening The material for the screening shall be designed to be architecturally harmonious with the principal building on the lot. The Council may approve a screened planting may be substituted for the fence or wall. The property owners had relocated the employee parking area inside the fence, but have requested to relocate employee parking outside the fence to the west side of the building and fence. Please refer to the attached site plan depicting the parking areas. The parking area is outside the required 75' setback, but is located closer to the front property line than the building. Customer and visitor parking is located on the south side of the building. Code requires parking areas to be located a minimum of 10’ from the building. Because the building is existing they have requested to use the parking areas that have served the building and not to relocate the parking. Parking areas are required to be a hard, all-weather, durable, dust-free surface material. The spaces to the interior (customer/visitor spaces) are existing asphalt surface. Proposed employee parking spaces west of the building are natural and gravel ground cover. Noise/Hours of Operation The Noise Ordinance does not limit hours of operation in the I district. The operation hours for .\BC are; Summer hours;6;00 a.m. to 5;00 p.m. 7;00 a.m. to Noon Closed Monday through Friday Saturday Sundav Winter hours;8;00 a.m. to 4;30 p.m. Closed Monday through Friday Saturday and Sunday The hours of operation are the hours when ABC is open for business. Outside regular business hours delivery' trucks enter the property or park outside the gate. The deliveries are typically made with semi trucks that may sit outside the yard idling until ABC opens and deliveries can be made. This type of activity has the potential to generate excessive noise and odors from exhaust while the trucks maneuver or idle. The Zoning Ordinance has performance standards to protect the public safety and health against such things as noise, smoke, toxic or noxioua matter, odors, vibration and glare. Applicant should be asked to comment on any off hour activity that may occur on the property . Lighting Several wall pack lights are located on the building to provide basic security of the property and are illuminated in the evenings. The lights are consistent with the type of lighting normally associated w ith industrial or commercial areas and pose a minimal impact on surrounding properties. *01-2692 ABC Supply Co. Inc 450 dd Crystal Bay Road 7/16/01 Page 3 of 5 ----- > L The primary lighting issue is a large flood light that was installed on the south side of the building that can illuminate the entire yard outside of normal daylight hours. The City required the tight to be disconnected or screened to not allow the source of the light to be visible from adjacent properties. The light is primarily an issue only in the winter months. The Code prohibits light sources from being visible to property lines. Traffic Traffic to the property consists of regular deliver)' of items to the site. Much of the trafiic leaving the site are ABC trucks delivering materials to construction sites in the area. Contractors will occasionally travel to the site to pick up additional construction materials not requiring deli\ ery off site. Surrounding Residential Land Use The 2000-2020 Comprehensive Land Use Plan (CMP) has designated the properties located west of Old Crystal Bay Road as a Mixture of urban single and multi-family residential uses at a suggested density of 2-4 units per acre. Exhibits 1 and J, Table 3B-5b and Map 3B-7 from the CMP are attached and provide background information regarding the guided use for these properties. Issues for Discussion 1.Planning Commission should individually consider each of the items listed above and make conclusions on each issue in relation to the operation of ABC and the impact on surrounding properties. A. Location and Operation of Outdoor Storage Area, Including Screening B. Parking I )Location2)Screening C.Noise Hours of Operation E. Lighting F.Traffic Is the proposed use of the outdoor storage area compatible with the surrounding properties? 3. What areas of the property should be designated for permanent outside storage? *01-2692 ABC Supply Co, Inc 450 Old Crystil Bay Road 7/16/01 Page 4 of 5 Options for Planninf Commission Action A. Recommend approval. A recommendation of approval shall include conditions that would protect the surrounding properties and uses from the activities that would be related to outside storage. B. C. I.Activity related to outside storage shall be limited to the hours specified by ABC as their regular business hours. 2.All parking related to the operation of the business shall be limited to the areas designated on the plan and approved by the City of Orono. Parking areas are required to be a hard, all-weather, durable, dust-free surface material, and appropriate screening shall be provided for all parking areas on-site. 3. Light sources must not be visible beyond the property boundries. 4.Conditions shall be placed on the limits of activity that occurs during non-business hours, including deliveries, transporting materials on site and parking of business related vehicles. 5.Screening shall include an elevated berm with evergreen plantings on and around the berm with the intent to protect the residential properties located west of Old Crystal Bay Road, a final landscaping plan shall be submitted for review prior to the Council Action. 6.All noise generated by the operation of the business shall not exceed the allowed noise levels as set by the City of Orono Noise Ordinance. 7.Any other conditions as the Planning Commission feels necessary to protect the public safety and health from noise, smoke, toxic or noxious matter, odors, vibration and glare. Recommend denial, stating reasons. Table. D. Other action. #01-2692 ABC Supply Co.. Inc 450 Old Crystal Bay Ro«l 7/16/01 Page 5 of 5 ! i #2O.-C5O0 A Date Rccdvcd AmonntPald..^^ij££—- Ctiv OF ORONO - GENERAL LAND USE APPUCATION property LOCATION r^vscal p^v Road, Orono> MN_---------- Site Address 450 North Old ^ J 1 ou«-«»ide Stora_3g Type of Application to be n i _ Property Identification Number (P.l.D.) .part, of ----- ^ Phone (h»mf)pic^-^41-8829. APPLICANT/ LESSEE _ Don pi,»nA rvvnrk^ Name A nr SupplY ro« ritynoinit. WI Zip 5351L-Address ABC Parj^---------------Luyeei--------------------- Phone (home). (month/year) 0>VNER(if different than applicant) gteve White r>-a7fi-2&13 Name ypT rapital» rityTrinq Lake, MN----Zip 55 356 Leased.by ABC Supply* war^h i• 2000 Udor«SKlw?a^''’' *“ P““'“ *“'* fees - ^pp, SI75 00 Residential Accessory Use ■ S250.00 Institutional (church, school, etc.) ---------S225.00 Guest House/Guest Apartments S200.00 Duplex CrediiBldg ^ 00 Commercial/Industrial Use --------® - d«igna«d wetland ot floodplain = °oS, --- - — —Sof'- fr' sr--------After-the-Fact Fee - Double Current Application Fee OTHER APPUCATIO^^^^,^^ S300.00 Vacation ■ $700.00 Easement Vacation ------- $100.00 Easement Vacation With SuW^^ision ■ ------- $350.00 Rezoning (PUD - refer to fee schedule) --------$375.00 Comprehensive Plan Amendment $100.00 Appeals " Other - see Fee Schedule ABC Supply Co. Inc. .AMERICA'S LARGEST ROOFING i SIDING WHOLESALER B June 18,2001 Via Federal Express Mr. Paul Weinberger Zoning Administrator City of Orono 2750 Kelley Parkway Orono, MN 55356 RE: Conditional Use Permit for Outside Storage for .\BC Supply Company. Inc. at 450 Nonh Old Cry stal Bay Road, Orono, NtN Dear Mr. Weinberger: This letter is being written in response to your letter dated April 4,2001 requesting ABC Supply to submit an Application for a Conditional Use Permit for Outside Storage. In accordance with your letter, please find the following: 1. Completed Land Use/Conditional Use Permit Application form. 2. A check for the application fee in the amount of S325.00. 3. Certified list of all property owners within 350 feet of the property. 4a. Detailed description of the proposed use of the outdoor storage area for palletized stacking of roofing shingles. The roofing shingles will be stacked two high in rows. The maximum height of palletized double-stacked shingles will be 6 feet (see photographs enclosed^. 4b. Lighting of the outdoor storage area is from wall packs located on the building. An emergency floodlight is available, when necessary, to light the area for personnel safety reasons. 4c. There should not be any impact on adjacent properties to the north, east and south as there are no homes in those directions. West from our site there is one residential home, across Old Crystal Bay Road. #2692 One ABC Pjrk\v3y • BelOil Wl 533 ? I • J4J f • 60S-362-777T • 6Q3-362-6215 City of Omo June 12.2001 Page 2 The only noise created by ABC Supply would be from trucks moving in and out of the property. The hours of operation for ABC Supply are as follows: Summer hours:6:00 a.m. to 5:00 p.m. 7:00 a.m. to 12:00 Noon Closed Monday through Friday Samrday Sunday Winter hours:8:00 a.m. to 4:30 p.m. Closed Monday through Friday Saturday and Sunday 4d.See attached site plan for areas of outdoor storage, traffic areas for loading/unloading trucks, and parking areas. 4e. See attached landscaping plan. For the record, there is no retail component to our use of the property. ABC Supply is a wholesaler of building materials. No cars will be parked within 20 feet of any right-of-way. All lighting units used are diffused wall packs located on the building. W'e reser\'c one floodlight in case of emergency. We are enclosing some general information on ABC Supply for your review. Please be advised that ABC Supply only leases a portion of the site as shown on the attached plans. We have no control over other areas of the site that are not leased by ABC Supply. In closing, we would like the City to recommend a buffer, be it additional landscaping by mounds along Old Crystal Bay Road or by privacy slats being placed on the fences along Old Crystal Bay Road. Again, please keep in mind that we only lease a portion of the property. We await your positive response to our request for a Conditional Use for Outside Storage. Enclosures # 6 I .€ ■ V I .A*.__.... 1 c CITYor ORONO Mmydpil Offlns Stmt Mdms: 2750 Kelley Pailiway Orono. MN SS3S6 Maillig AMrats: P.O. Boi 66 Crystal Bay. MN 55323-0066 Mr. Don Jeziorski, Regional Asset Manager ABC Supply Co. Inc. One ABC Parkway Beloit, \V1 53511-4466 April 4,2001 RE: Zoning Review ABC Supply Company - 450 North Old Cry stal Bay Road Dear Mr. Jeziorski; The intent of this letter is to review for you the zoning regulations applicable to the site ABC is occupying at 450 North Old Crystal Bay Road. The property is located v ithin the I, Industrial District. ABC Supply Company has been operating as a wholesale building products warehouse and office within the existing building. The Orono .Municipal Code pemiits ‘■warehousing"and wholesaling" in the 1 district. It is our position that the proposed use of the building for warehousing and wholesaling is permitted. Last year ABC moved onto the property and had used the outside lot for storage of product. It was our understanding the outdoor storage used on the lot last year was due to the lack of i'lterior storage racks and those racks would be installed eliminating the need for outdoor storage. The zoning regulations do qo I permit outdoor storage of any type. No outside storage will be permitted without a conditional use permit. Outdoor storage is only allowed by a conditional use permit issued by the Orono City Council. The required submittals for a conditional use permit will include at a minimum: I. j. 4. Complete Land Use-'Conduional Use Permit application form (attached). S350.00 application fee Certified list of all property owners within 350' of the property. A detailed description of the proposed use including: a) Outdoor storage areas and screening, as the property is located adjacent to residential property b) Lighting plan for outdoor storage area(s) c) Potential impacts on adjacent properties, such as noise, hours of operation, and visual impacts d) A site plan indicating outdoor storage area(s), traffic areas, and parking e) Landscaping plan : - t # • Tdephone(952) 2494600 • Fax (952) 249-4616 www.du»rooojnn.us . >v . . ABC Supply April 4.2001 Page 2 The conditional use permit review period is approximately 60 days, and requires a public hearing with the Planning Commission prior to City Council review. The earliest possible date at which a public hearing could be held is May 21, 2001. The application deadline for the May 21, 2001 Planning Commission meeting is April 18, 2001. The City Council has the authority to set reasonable conditions as it relates to outdoor storage on the property, should the conditional use permit be approved. The primary’ concerns will be screening, lighting, noise, parking, signage and hours of operation. Because the property is located adjacent to residential uses, the preferred screening would be some form of natural buffer (trees, shrubs, etc.). It is our understanding there is no retail component to the use of the property. Retail uses are not permitted in the I. Industrial District. I have attached a copy of Section 10.50 of the Municipal Code relating to properties in the industrial district. The parking stanoard does not permit any parking within 20’ of any right of way. Currently, cars are being parked along Old Cry stal Bay Road and may be in violation of the setback requirement. (Section 10.61, Subdivision 5 (C)). Section 10.60, Subdivision 8 requires that lighting shall be directed downward to not be visible at any lot line. Lighting in all instances shall be diffused or directed away from any residential district. Residential districts are located to the w est of the property across Old Cry stal Bay Road and to the south of the property across the railroad tracks. I have attached a copy of the conditional use permit application form, noise ordinance and above referenced code sections. Please contact me at your earliest convenience to discuss the issues noted above, I can be reached at (952) 249-4600. Sincerelv, Zoning Administrator cc; Ron Moorse, City Administrator Greg Gappa, Director of Public Services Mike Gaffron, Planning Director Lyle Oman, Building Official \\ endy Bottenberg, Zoning ,Administrator Marc Davis, Building Inspector r V “ V . Supply Co. Inc. AMERICAS LARGESTROOflNG S SIDING WHOLESALER May 11.2000 Mr. Paul Weinberger City of Orono 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 RE: ABC Supply Co. Inc. 450 North Old Crystal Bay Road, Orono, MN Dear Mr. Weinberger: This letter is being wtitten to provide the City of Orono with information concerning our company, ABC Supply. ABC is America’s largest roofing, siding and window wholesaler. As you know we have leased a portion of the VCl Capital Building in Orono and are in the process of making improvements to both the interior and exterior of the building and lands that surround the building. I am sure you will agree that the improvements we are undertaking w ill improve the look of the building and the grounds. We would first like to address and clarify some issues raised in a letter from Mr. Moorse on February 17,2000 (a copy of which is enclosed) on how our on site activities work. The types of activities that ABC performs outside of the building consist of unloading product by small forklift trucks that comes from our suppliers. Once the truck is unloaded we place that product in the warehouse. The types of products we handle most are roofing materials along with siding and windows, which all come on pallets. Since we are wholesalers of roofing materials and siding most of our orders are generated by phone or by our outside sales staff and are delivered to a location specified by the customer. Customers typically come in to pick up only small oiders or when a job falls short of materials. Delivery of product to the customer is why we have been successful in the wholesale business and is the most important factor is servicing a customer. From time to time and mostly in the spring and early suntmer it is necessary for us to temporary store some roofing materials outside on pallets because demand for the product is great and the product moves so quickly. We also stage products outside for 0 CORPORA TE OFFICE • One ABC Parkway loading onto our trucks for deliveries to the customer on a daily basis. Please refer to the enclosed site plan for the location of the proposed loading areas and outside storage area. Our hours of operation for this location are as follows: Monday through Friday 6:00 AM to 5:00 PM Saturday 7:30 AM to 11:30 PM Sunday Closed Concerning the issue of noise, the only things we can think of that will produce some noise are the loading and unloading of trucks in the staging area during our hours of operation. Again our business does not produce a lot of traffic from the public because we are a wholesaler. On the issue of exterior lighting we are agreeable to using wall packs on the south side of the building for security lighting purposes but request permission to use flood lighting during business hours when it is dark in order to be able to load and unload our trucks, if necessary. Please review this letter and let us know if you have any questions or comments. We look forward to working with the City of Orono to resolve any concerns the City may have concerning our business operations. Sincerely, Regidifal/Asset Manager Enclosure cc. Ronald J. Moorse City of Orono Myron Dahl ABC Supply Orono Sue Christensen f. rr ^ JJ ri £. J||||^|n County Taxpayer Serv ices Department Parcfif Intbrmatlon PaiMi 10 ssiiaasiaooi2 iMum Thhi I* no/»t^nHv rrcnMrd nuii'. :i rcH*‘,v. <'f: i - enddafci AtVM Ctlf^. l^MiflY. •■*"■■•' »•*•*•.'."j;-!'-<?:*•• GS*a izei OIG ZT9-QI ATddAB 08V aa:6S 10-SI-98 12/ZS/99 10:40 CEC-23-1999 09:46 IMITED PROP 4 916083640172 gCl CPPtTO.________ -U.8. Highway,No. 12 'A KI.48B P.05/05 005 S^Acei:) bee< aoiiJbi^ 33,-6b^ 4^. Pr. 1XM4I& *^«RVV&dS »OT* T* CBltMl -A3A^L_iA-WU^JL>K‘‘SlAA_ft^blSA ttkkS. 66/CS/Zt THTa P.W U,S. Hlghway.No, i* ^1. piitttusts Ou/haioaJ hoc^s oeo^o.AIAl 200 iSi'QN ^>a.3 U)A->2>>»y>^l.o2i 2iT0WC809I6 ♦ 3E»Q>OM/«n ^.T:^.T 00/10/C0 1 EXHIBIT B LEGAL DESCRIPTION Lot 2. Block 1. Van Dale Addition. City of Long Lake. Hennepin County. ABC CEN'. 2R LOCATED AT RONO, MN Wyr^.rr r •. f * f k J fr ^ j ; « r r tr* 05 t' CQ =tfc k. ABC CEN ^ 2R LOCATED AT V.RONO, MN V y k j sl'ts: ''t>l^''. ABC CEr»r. 2R LOCATED AT RONO, MN V* ’ H'' f • ' •^« ABC CENl 2R LOCATED AT RONO, MN Rpl * ■' 'T'iS ■n'5*fe r KU- r« « • • .. ^v > v’vti M - • -.11. . ' 5* • •* ^ - ^x (.VS- * • *.. .* X •• ■ • • % .$: • •- •* t’ •.' . • li - ’/ •-»LirX» fp* ^ ^* :r^ : ? I ■i •: - «i ^•i 1 G < i > * ^# i. - >T \ ^ T- > , . ^17 • ^mms-w ■. . ‘ ’ 7^ 1 • . ■* ■*'* ■;^y"'W\'t’'^>" •’. J ^ ■ . * vj^ r’'; ■ : ‘ • A - - i V4^ I ,/! V., ^ r. , .. .i ’it ryjiijMf J V"-''V'* • ‘ •''**' -.• •■ V. ■ rr > ■ I G-2 'i 0 r- S'-S' G'trf' 8 •• ' n! J V. “V:* •-!• ,- - V; Sa ^mw' '.%-•»*, v-*^ " -I.*;. ---------------------*-.•.•41-^ r • . w-< >- .. V V, IS . vsr ..> V;, ♦“ • • IV t. .,-J.‘ V.. - '•'• 1^ . -^. »•* '■ ••■ •' *’ ' i.-------•:• • , r ’ *** , . ... ';.■ • .• • ^ -'.sGs-.'‘.. s,:::; :•• G \*5’ i ^W3 Pl^' rjL>v/^, .-ri7,-<r f,r.‘r^ r: .* <^1! mm i: -r. % SH ' - . v'-, tt.^ 3 9*t! Ij -■ r.r*:*; J ,• •• • r. ■_ ;{/ V •-:■ . •■■- l. ■, -.” ■ . ^. * ( *• . • 'V • •■ r n •• •' • > • k^? § 10.50 H SEC. 10.50.I INDUSTRIAL DISTRICT. Subd. 1. Application. All applications for a building permit in any 'T' Industrial District shall be reviewed by the Council and may be referred to the Planning Commission for review. Subd. 2. Permitted Uses. Within any "I" District, no structure or land shall be used except for one or more of the following uses: A. Processing. Etc. Conducting a process, fabrication, storage, manufacturing or wholesaling operation or providing of a serv ice as listed hereafter: 1 . Apparel. 2. Artificial limbs. 3. Automobile and truck painting, major repair, body and fender work, upholstering, tire recapping and sales when within a completely enclosed building. The storage of automobiles or trucks in process of repair shall be within a fenced area. Open sales lots shall be subject to a conditional use permit. 4. Bakery. commercial. 5. Bicycles and toys. 6. Boats and marine products. 7. Bus. truck and contractor's terminals and maintenance yards. 8. Cabinet and carpentry shops, lumber yards and millworks. electrical, plumbing, heating, air conditioning shop. 9. Camera and photography. 10. Canvas and cloth products. 1 1 . Ceramic and cloth products. 12. Ceramic products. 13. Cork products. 14. Drugs, cosmetics, pharmaceutical and toiletries. 15. Electric motors, generators, electric products. 16. Engraving and printing. 17. Ice and cold storage plants, bottling works. 1 8. Laundries, commercial. 19. Machine shops. 20. Metal polishing and plating. 21. Musical instruments. 22. Novelties. 23. Paper products. 24. Pharmaceutical products. 25. Products made of glass, cellophane.leather, plastic, wood. 26. Shoes and footwear. ORONO CC 352 (4-1-84) § 10.50 27. Sporting equipment. 28. Television, radio and appliances. 29. Tools, hardware and small metal products. 30. Warehousing. Subd. 3. Conditional Uses. A. Within any "1" District, no structure or land shall be used for one or more of the following uses except by conditional use permit: 1. Accessory structures. 2. Farm equipment sales, repair and storage. 3. Heliports as an accessory use for that property. 4. Motor fuel stations. 5. Open sales lots. ^^j^^utsidcstorage^^ 7. Public service structures. 8. Railroad switch yards, team tracks or freight houses. 9. Research laboratories. 10. Resideoce necessary for security and safety in relation to a permined use or conditional use. 11. Restaurants (Class 1) which are located in and mainly servicing the persormel employed in that structure. 12. Planned Industrial District as regulated by Section 10.51. Source: Ordinance No. 172 Effective Date: 1-1-75 B. Antenna Strueture. One independent antenna strueture, with anterwa or eombitwUion of antenna attached thereto, subordinate to and servicing the prineipal use or strueture on the-aame let and eustomarily incidental thereto that is net attached to anothef stnieture provided the height of the antenna smteture dees not ex ceed 65 feet and the antenna stnieture is set back from any let line a distance at least equal to the total height of the antenna structure. (Seurec! Ordinance No. 177; EfFeetive Date; 6*5 *75) Deleted via Ordinance No. 161,2nd Series Adopted: 5-27-97 ORONO CC 353 (4-1-84) ■fc-^*'nrrriiafn J § 10.50 Subd. 4. Accessor>’ Uses. Within any "I" Industrial District, the following uses shall be permitted accessory uses: A. Any accessory use as regulated in the ”8-1’" District. Subd. 5. Area, Height, Setback and Design Requirements. A. Lot Area. The minimum lot size shall be two acres. B. Building Area. Each individual building shall have a gross floor area (not including basements) of not less than 5.000 square feet when designed for a single tenant nor less than 15,000 square feet when designed for multi-tenants. C. Lot Coverage. Not more than 30% of the total area of any lot. tract or parcel of land three acres or less in size may be covered by buildings or other structures. Not more than 45% of the total area of any lot. tract or parcel of land more than three acres in size may be covered by buildings or other structures, except that when the total building floor area on a site is contained within a single building, and when the total area used for loading terminals, docks and berths is completely enclosed within the same single building, a lot coverage of not more than 60% will be permitted. D. Height. No structure or building shall exceed three stories or 40 feet in height except as provided in Section 10.75. E. Building Setback and Yards. 1. Street Setbacks. All buildings and structures must be set back at least 75 feet from the right-of-way of any highway or street which has been designated as limited access, freeway or expressway; and 50 feet from those designated as thoroughfares, collectors, minor or secondary streets. Where the district abuts or adjoins an "R" District there shall be a building setback from that street of not less than 75 feet. 2. Side Yards or Rear Yards. Any building or structure required by any building code adopted by the City to have openings in the rear wall, shall be erected no closer than 30 feet to a rear property' line. Where rear wall openings are not required by any such code, and the rear wall has no openings, buildings or structures may be constructed to w ithin 10 feet of a rear property line. No building or structure shall be erected any closer to a side property line than a distance equal to one and one-half times the average building height. Where the district abuts or adjoins an "R" District, the side or rear yard abutting such residential district shall be not less than too feet. ORONO CC 354 (4-1-84) { 10.50 F. Building Design and Construction. Id addition to other restrictions of this Chapter, the use, construction, alteration or enlargements to any building or structure within the district shall meet the following standards: 1 . All exterior wall finishes on any building shall be: (a) Face brick; or. (b) Natural stone; or. (c) Specially designed precast concrete units if the surfaces have been integrally treated with an applied decorative material or texture; or. (d) Factory’ fabricated and finished metal framed panel construction, if the panel materials be of any of those noted in Items (a), (b) and (c) above, glass, prefinished metal (other than unpainted galvanized iron) or plastic; provided that if any wall of the building or structure faces a street or abuts an "R" District, then that wall shall have at least one-third of its surface of materials other than prefinished metal and the remaining walls shall have at least one-fifth of their surfaces of materials other than prefinished metal; or, (e) Other materials as may be approved by the Council. Combinations of such materials shall be permitted. 2. All subsequent additions and outbuildings constructed after the erection of an original building or buildings shall be constructed of materials comparable to those used in the original construction and shall be designed in a manner conforming with the original architectural design and general appearance. 3. No building or structure of a temporary character, trailer, basement, tent or shack shall be constructed, placed or maintained upon the property except as accessory to and during the construction of permanent buildings. Off-Street Parking. In addition to other restrictions of this Chapter, ofl-street parking areas of sufficient size to provide parking for patrons, customers, suppliers, visitors and employees shall be provided on the premises of each use. Parking areas shall be surfaced with a hard, all-weather, durable, dust-free surfacing material and^hal],J;gjtfiaSjiLjlaiflS(L<M^ landscaped, and SITSTHlgTTigfntinWWTtTTrstgWff^WH^veTriccprcondi No parking area^shall occupy any required setback except on lots, tracts, or parcels navmg two or more street trontages. ots. tracts, or parcas having two or more street frontages, 50° o of the required setback from one of the streets, designated as a thoroughfare, collector, minor, or secondary street and not adjoining a residential district, may be occupied for parking purposes only; provided, however, that parking shall not be located within the required setback area in front of the building. No parking shall be located closer than ten feet to a side or rear lot line, nor closer than ten feet to any building. Each parking space shall have a minimum width of nine feet and a minimum depth of twentN’ feet exclu E^S^mSeuvemt^^acerCT parking areas containing more thansixspace^^ ORONO CC 355 (4-1-84) § 10.50 jgc^||hfiI^lUlllifi^U;g|^J^5Jider^ialIyzone^grojJgrtvshal^lav^^oIi^^ than four feet norjnorgjhan^ijLfegLinJieighLalongju^ Such lence^r walls shall be^ p!anun^p|Tove^B^B!r<?ouncUniayo^^ for the required xvallonence"""""^" H. Loading Facilities. In addition to other restrictions of this Chapter, all loading or unloading into or out of trucks in excess of three-fourths ton capacity or railroad cars, shall be conducted at facilities specifically designed and designated for that purpose. Those facilities, hereby designated as "loading facilities", shall be subject to the following regulations: 1. Amount Required. Loading facilities of sufficient number to provide for the requirements of each use shall be provided on the premises of each principal and accessorv' use. The exact number required will depend on the nature of the principal and accessory use and the type of transport service used, but in no event shall there be less than one truck transport loading facility for each 50,000 square feet of building floor area or major fraction thereof. 2. Design. A loading facility includes the dock to or from which the transport vehicle is being unloaded or loaded and the berth for the vehicle while it is being loaded or unloaded, and the maneuvering areas needed to maneuver the vehicle into or out of its berth. All docks shall be located within the perimeter of the building housing the principal or accessory use and they shall be completely enclosed except for the opening needed for access to a vehicle during the time it is standing in the berth. All berths shall be screened from view from the property's street frontages by a solid wall of not less than ten feet in height. Such walls shall be so designed that they are architecturally harmonious with the principal structure on the lot. At least one and not less than 50% of the required number of truck transport loading berths shall be not less than 50 feet in length. 14 feet in width and 15 feet in height. All truck transport berths and maneuvering areas shall be surfaced with a hard, all-weather, durable, dust-free surfacing material properly drained and maintained in a sightly and well-kept condition. 3. Location. Loading berths shall not be located on a street frontage unless located within the perimeter of the building housing the principal or accessory use. Where located on a street frontage, they shall be completely enclosed. No berth shall be located w ithin the required side or rear yards. All berths shall be physically separated from areas used for off-street parking except for connecting driveways or aisles. No maneuvering area shall be located within ten feet of a side or rear property line. In addition to other restrictions of this Chapter, all raw materials, supplies, finished or semi-finished products and equipment shall be stored within a completely enclosed building; or shall be screened by a fence or wall not less than five feet in height and not less than 50% opaque; provided, however, that motor vehicles necessary to the operation of the principal use and of not more than three-fourths ton capacity may be stored within the permitted parking areas. ORONO CC 356 (4-1-84) § 10.50 m J^Lwdscaglijg;^ All open areas of any site, lot, tract or parcel shall be graded to provide proper drainage, and except for areas used for parking, drives or storage, shall be landscaped with trees, shrubs or planted ground cover. Such landscaping shall conform with the planting plan approved by the Council at the time the building permit was issued. It shall be the owners' responsibility to see that this landscaping is maintained in an attractive and well-kept condition. All vacant lots, tracts or parcels shall also be properly maintained. K^gjggg^No land shall be developed and no use shall be permitted that results in water runoff causing floods, erosion, or deposits on adjacent properties. Site and drainage plans shall be submitted by the applicant in such detail as required by the Council and those plans shall be reviewed by the City Engineer before submission to the Planning Commission and Council for approval. Such runoff may be required to be properly channeled into a natural water course, ponding area, storm drain or other public facilities. Any change in grade affecting water runoff whether onto adjacent property or otherwise must be in compliance with the ''urface Water Management Plan and shall be consistent with other applicable regulations or City Code provisions and subject to the approval of other agencies having jurisdiction over the area affected by the drainage. Source; Ordinance No. 172 Effective Date: 1-1-75 SEC. 10.51. PID PLANNED INDUSTRIAL DISTRICT. |ubd. 1. Purpose. The purpose of this Section is to establish provisions for the granting of a conditional use permit to erect a multi-building industrial facility in relation to an over-all design, an int^gr^ted physical plan and in accordance with the provisions and procedures as provided hereafter. Subd. 2. Submission of^ms. The owner or owners of any tract of land within an "1" District may submit to the Council for apphq^ a plan for the development and use of such a tract of land for a Planned Industrial District for comh^rcial or other uses permitted in the district within which the land is located by making an applicahsn for a conditional use permit authorizing completion of the development in accordance with th^^an. The plan for the development shall conform to the requirements of the district within which it i^*^Kated except as herein amended. Subd. 3. Size Required. The tract of land for which a^la^elopment is proposed and a permit requested shall not be less than five (5) acres. Subd. 4. Sewer and Water. The tract shall be served by the City^ater and sewer system when available and fire hydrants shall be installed according to a plan approvec^to the Fire Chief as to type and location. ORONO CC 357 (4-1-84) PtmI OfOUD 1 Existing Zoning: RR-1B Single Family Rural Residantial. 2 Actt Minununt “ ——————-------------------------------- Existing Quid. Pt«. »“«*•«» «*"«'•'» ''•"•X with .r.a ,x,rth o* K.ll.y P«Xwsy pUnnsd for Parcel Group 2._______________________________________ Existing Zoning! RR-tB Singlo Famly Rural Residontiai. 2 Ac/e Minimum ------------------------------------------------------------— --------------------------------------- Existing GuMa Plan (1 9W) Singla family njral rasidenual usa at a dansity of l unt per 2 acres Pfoposad Ouida Plan Mixture of urtan smgle and mulfi-famity residential uses at a aensity of 2-* units per acre PBfcal Group 3:_________________________ Existing Zoning RR-1B Singly FarrUy Rural Residential. 2-Acre Minimum ' " ' ----------- ■■ ■ Existing Guide Plan (i960) Single family rural residential use at a density of i unit per 2 acres Proposed Guide Plan Sngle famity uban residential use at a density of 2-3 units per acre CpmmTcUt Af a B#tw—n Wiilow Dr. and Brown Rd..* Lusting Zoning b.iCS’sX“b*Js^s"’s:s^°'*'^’ Existing Guide Plan (19a9) Office/eon-mereial uses accessmg Highway 12 via a se-v.ce road 'rom Brown Road to Will«m Onve. with no direct access to Highway 12 Proposal Guide Ptan pnrnan,,^^ of nxHa de«n«. devetopm«,t goals m. of of'<e. reft and service components focused on somplenenong Highway 12 Areas Proposed for Change City of Orono Minnesota 4- K.S -V “ MAP3B-7 t • « CMP Part 3B. Laad Uie Plan wm Site Description: SITED (Parcel Group 2« Map 3B-7) 55 acres located between Highway 12 and the Burlington Northern Railroad property, abutting and just west of Old Crystal Bay Road. Property includes 5 separate tax parcels with S existing residences plus outbuildings, and is currently zoned for single family rural development at a density of 1 unit per 2 acres. The new Highway 12 route is planned to abut the south side of this property, paralleling the railroad track. Site Characteristics: Gross site area east of major wetland: Area of additional wetlands in east half of site: Area to be lost due to Hw>' 12 bypass: Net dry buildable for development: 55 acres ± • 4 acres ± - 2 acres ♦ 49 acres ± Easterly 25 acres is relatively flat with high-watertable soils and interspersed wetland pockets. No! easily developable with septic systems. Mostly open fields that have been farmed previously. Westerly 30 acres has 5®/o-l5% slopes, eventually dropping a total of 50' down to major wetland basin. Soils are better suited for use of septic systems, but slopes may be a factor for individual sites. This area is more wooded and contains apple orchard. This site has a number of factors which make it unattractive for 2-acre rural residential development as currently zoned, including: • Location bemeen two highway corridors is not conducive to rural development. - Location across from Industrial Park is not conducive to rural development. • Site abuts one of the busiest intersections in Orono. - East half of site is poorly suited for development with septic systems. Municipal sewer and water are relatively available as compared to most other areas of the City; the site is adjacent to existing MUSA and is a logical MUSA expansion point. This site has direct access to arterial and collector road system, and is relatively near urban services as compared to most other areas of the City. Furthermore, this site is separated from existing rural neighborhoods by the Orono Schools, by existing wetlands, by the existing railroad, and by existing and future road^railroad corridors. Because of these separations, development at higher densities will have little impact on adjacent rural character neighborhoods. Site B Residential Development Options; Density parameter Dwelling Units Density Current 2-acre zoning 16-18 Units (septic systems) 2-acre zoning 20-22 Units (sewered, standard plat) 2-acre zoning 24 Units (sewered. PRD) 1-acre zoning 42-44 Units (sewered, standard plat) l-acre zoning 47-48 Units (sewered, PRD) 1/2-acre zoning 80-85 Units (sewered, standard plat) 1/2-acre zoning 95-100 Units (sewered, PRD) 3 unit/acre PRD 140 Units 0.3 units/ac. 0.4 unils/ac. 0.5 units/'ac. 0.8 units/ac. 0.9 units/ac. 1.5 units/ac. 1.8 units/ac. 3.0 units/ac. Preferred Development Option: Mix of 0.5 units/ac SFR & 4 units/ac townhomes 120 Units 2.5 units/ac. City of Orono Community Management Plan Scpceaibcf 2000 Pago 3B-35 3 —* — mm PhVL S4/ic/n iATCH StA fROr AOM €MNIR MAMI TAKTAVCII NANt/ADOi fWf AMR OMtf R MAhf VAMfAViRwmt/iomr. rtOf AWR ORNIR NAHE TARRAVER MAtV/APDR r * ‘ • I t: I ;v • '•> ! V V A. (!.1 .X NCMNiriH COUNTY raOPOTV INTOimikllON SVS1CH MOfCRTV OtMCDS IIST WrORT NO. riRIOMl OMi U 01 I • Ul • I M «S-nO ‘2S IS Rtlt •S7*S NAY2AT* OI.VO M VfOA INC CTAL UCOA INC ro OOK S7S LONG lAitC tw SSSSfc SO ss-m-zs IS oolc •MBS 010 CRYSTAL BAY RO N VEOA INC VCI CAPITAL INC PO BOR STS LONO UKE MN SBSSA SB SS>llB-tS IS OBIS 02MB WAV2ATA KYO H VEBA INC VESA INC PO BOX STB LONO LAKE NN BBSSS SB SS-1IB-2S IS OOIA B272B NAVZATA BLVO H VESA INC VEOA INC F9 BOH 37B LONO LAKE HN BSSSA SB SS-UB-2S IS Oils 02A0S NAVZATA BLVO W WASHINGTON SClENTirZC INO HASNIHCTON SCIENTIFIC INO 1S2S0 NAVZATA BLVO RIOS NAVZATA NN SSSOl SB SS-UB-2S 2A 0102 OOOSB AOORESS UNASSXCHED TNOHAS F JAMES TRUSTEE TMONAS F JAMES TRUSTER TFJ NOMINEE TINIST 7707 T STREET LXTTIE ROCK AR 72227 SR SS-m'2S 2A 0003 0M2S eU' CRYSTAL BAY AO N T P JAMES T.TUBTEE TFJ NOMINEE TRUST 7707 T STRCEV LITTLE ROCK A/ 72227-AMA TOTAL OATCN fOA 00007 I CERTITV THAT THE FACTS REPIESENTCO AOC AN ACCURATE AND TRUE REPRESENTATION OF INfORMATION AS IT APPEARS THIS BATE ON THE BECOBBS or THE HENNEPIN COUNTY DEPARTNENT OF PROPERTY TAKATJOM. TO THE BEST OF NY KNOHLEOCC AND BELIEF. DATE I7^ 10 0* Q POf Q (0c•a •0r < 0■ 01 ro CJ OB OB M 4 V M TO: FROM: DATE: Chair Hawn and Orono Planning Commission Members Ron Moorse, City Administrator Wendy Bottenberg, Zoning Administrator/Planner August 10,2001 SUBJECT: ^01-2702 Fine Line Design Group 3551 Livingston Avenue Variance Renewal- Public Hcarine Zoning District: Lot Area: LR-IC One Family Lakeshore Residential District (.5 acre) 6,725 s.f. (.15 acres) List of Exhibits A Analysis Worksheet Application Survey Elevations/Floor Plans Resolution <13952(1997) Council Minutes 9/8/97 Planning Commission Minutes 8/18/97 Staff Report 9/3/97 Location Map B C D E F G H I Application Summary: This is a request for renewal with no change of variances granted in 1997 to allow the replacement of the e.xisting residence on this substandard lot, w ith a new residence. The e.xisting residence and shed were demolished June 1998. The variances granted in 1997 and requested for renewal are: Section 10.25. Subd. 6(B): Lot Width: The lot is 50 feet wide where 100 feet is the minimum lot width for the LR-IC zoning district for new construction. Section 10.25. Subd. 6(B): Lot Area: The lot is 6.725 s.f. (.15 acre) where 21,780 (0.5) acre is the minimum lot area for the LR-IC zoning district for new construction. Statement of Hardship : This is an existing lot which was platted prior to current zoning standards. Both adjacent properties contain existing homes, hence no additional land is available to make the lot larger. HO!•2'^02 Fine Line Design Group 355 i Livingston Road Vanance Renewal 8/10/2001 Page / Imucs for Conaidcnition; I. The lot was platted prior to current zoning requirements. 2. A residence once existed on the property. 3. Other issues raised by the Planning Commission. Staff Recommendation; Staff recommends approval of the requested variances. To obtain a building permit the new residence must meet all setbacks, hjidcover and structural lot coverage requirements. UOl-2702 Fine Line Design Group 3551 Livingston Road Variance Renewal S/lO/2001 Page 2 i .............. # ■ - •***“ • Lot Area; ANALYSIS WORKSHEET A LR-IB Lot Area Required 43,560 s.f. (1 acre) Actual 6,725 s.f. (.15 acre) Hardcover Calculations ; Distance from shoreline Total area in setback Allowed hardcover Existing hardcover Proposed hardcover 500-1000'6,725 s.f.2,353.75 s.f (35%) 0 s.f 1,680 s.f (24.98%) Structural Coverage; Total Lot Size Total Structural Coverage 6,725 s.f (.15 acres)Allowed: 1,500 s.f Existing: vacant Proposed: 1,100 s.f /JD CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee $250.00 ($50.00 per each additional variance) Renewal Variance Fee $150.00 (no change from original application) Variance for non-conforming structures $250.00 After-the-Fact Fees (Double application fee) Application ft df'XlO'b- Date Recch’ed v- Amount Paid t fiO. c30 PROPERTY INFORMATION Site Address Property Identification Number (P.I.Dft i 11 ^ -CX) il Date Property Acquired 0^pfb)fC. le 'aAiacei Attach legal description to application if n^t included on required survey. I (do) (do not) also own the 'adjacent parcels .(month/year) Present use of property: _J>^residenti^ Zoning District: I other (specify). APPLICANT Name Addr 1 I ' K ' / Phone (home) e Phone (work) 3Su ^ City:>A>rit/;va f U Zip: OWNER (if different than applicant) f-r>____ Address: /^sS~ Name iJVwLS Phone (home) / City:, Phone (wyk) U/^ >/-'/( s^/ ^AtyJr^ Zip: ^ DESCRIPTION OF REQUEST Estimated Constniction Cost $ /QOiOTI^- Describe request in detail: Lo4' AAJLa ^ V- lOuLM/y __________ (attach additional sheets if necessary) VARIANCES REQUIRED X Lot Area Vlot Width Hardcover Lot Coverage Setback:Front Side Rear Average Lakeshore Other (specify) HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditiops preventing compliance with Zorung Code requirements: f-S______ __________________________ nr2LiAyt/Uji^. _ (attach additional sheets if necessary) CERTIFICATE OF SURVEY FOR BRENSHELL HOMES LOT 6, BLOCK 4, NAVARRE HEIGHTS HENNEPIN COUNTY. MINNESOTA LIVINGSTON AVENUE s (•>55)r> S 89"59' 00"E 50.00 ___________________________(•>5 IJ (•>5U (•>•2) 1000 o /in•I'V77.1| K>lOo too • I ^Ui £ oo O 8 t BLACKTOP OfSvCWAV f t r*. M itrft) ido 2 PROPOSED » HOUSE 8 c#♦ f <»!•*> /977.TI (•>••) »oo i / <N (MO A) (•n« m to (0o E r^ K) ro O) Oo O 49.92 mc*sjcd 50*0^ S 89®5r44" W ^ I 1 I ^rimn NlfMM MHL .1 Lg:CAL DESCRtPTtON OF PREMISES : LOT 6. BLOCK 4. NAVARRE HEIGHTS o denotes iron morker (908 3) denotes existing spot elevotion. meon sea level dolunr. • : denotes distonce as shovrn on the plat of NAVARRE HEIGHTS Be:rings shown ore bosed upon on ossumed dotum. This survey intends to show the boundories of Uie above described property, and the proposed locotion of a proposed house thereon. It does not purport to show ony other improvements or crKroochme- ts. {0$A, i)C aah C^ r T77.5 Z)rp0 0f ^ J) -s CRONBEHG ft ASSODATES, IHC eWK BOm M Sim K MOB I heib) ittlifi IM tti iney hi ly mi or eiie M spe- vtMV IMr 194 • rifrteii CM D^pme oA iHi SvNyir w4k Dm km ef Iht Stote el UfMesota Uorli S Grotira liimsolo IcshTinbir 127SS SC.L 1--2U^ DATE 7-0-01 JOB NQ. 01-050A OI-OSOA ifWiriilMgnt fl/ u 9CAUE . - r- 2 L B 1/6 - V- J»' ?>• h- « rvS’§ ? 0 J S- xO X 3 ii K u r V •• > lit D li / i □ Si• ^1 EIUA EU-EVATI^S>riS #r S iT ‘>^t- T A2.^ P r^orps. cwam Mk. ^1 •k«*»'«« « •''• «>a^ i ■ M • •*> »«**•»•• m »mm CW»« «i n o 4^t?* •'OCT'OATO^I f>^TB9» C^*r ^"kk* •■ Akk. 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Alf; > . A HIV I »i A'f 1 , > I : i,*% •vAB j^-1 -------- ‘''.4.^ .. I WAUU SEc^Ticr^n rM^viTHo rs?Tc?M IVaCM .*4«|« •#«••* A4C n* «4<«1 41 •< 4 I 4 • XI «o4»r« a I ixa ■> CVw»m w n o cr»r a ac*. %aa ^»a co (4we a •-«» •• < i.4*hru MAa^r a ton— **' •rA«r »Ai o(MH HC a a* t o>»»4 aa v«r^ OA/aneM Ma4.mb r^T«ac.Tor^~ i««4 ^441 rat4x«a *MB fwio#ro 44 <Aa%^ •• 40Ar«44a !•«. r#! W» *>4 »«a\ P«K»« 6< »4^ 4ik rviu-a IS>4«h aa Pa V4«a«mf* ar-i Aiir^' rt>f Hucftc^ ( a4 *^a»a a xv*»#4r»w t a-«4 f«|4 f'\a^ oata a«f4f F0or^ at u<z: « rTJ.0 ?. •& 52 xO Xss s • LSSI .EMI u> A 2 ;^vmr SMCt- r A6.C7 c-*f* f ^ i_^._ .^_iunk.‘3ii«erQFr c.'.t ndBtkiM»'«'r*iMeuilbA .4tal>-LV.a4 ^ 6S03378 w.r.kvi :jse8Ho CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. ^952_____ A RESOLUTION GRANTING VARIANCES TO Ml NICIPAL ZONING CODE SECTION 10.25, SUBDIVISION 6 (B) FILE NO. 2253 \VHERE.\S, David Reinliold (hereinafter "the applicant") is the owner of the property located at 3551 Livingston uithin the City of Orono (hereinafter "the City") and legally described as follows: Lot 6. Block 4, Navarre Heights, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for variances to Municipal Zoning Code Section 10.25, Subdivision 6 (B) to permit the construction of a new single family residence to replace the existing residence on a lot of 0.15 acre area and 50' width where a 0.5 acre area and 100' width are normally required. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono. Minnesota: FINDINGS 1. This application was reviewed as Zoning File #2253. The property is located in the LR-lC Single Family Lakeshore pesidenti.al Zoning District. 3.The Orono Planning Commission reviewed this application on .A.ugust 18. 1997 and on a vote of 7 to 0 recommended approval of the proposed variances based upon the following findings: A. The existing lot of 0.15 acre in area and 50' width contains an existing house cormected to municipal sewer. Page 1 of 5 £ * ,1 1 1 GITYoTORONO RESOLUTION OF THE CITY COUNCIL NO. 3 9 5 2_____ B C. D. E. The adjacent properties on either side of applicant's property are developed with c.\isting single family residences, hence no additional land is available to make the lot larger. Development of this lot would be in character with the neighborhood, as evidenced by the fact that of 73 homes in the neighborhood bounded by Shadywood Road on tlic ca^t and Blaine Avenue on the west, includiitg Livingston Avenue, Lyric Avenue and Cry stal Place, 41 are on single 50' lots, 23 are on double 100' lots, and 9 are on triple 150' or larger lots. Even though this lot is significantly smaller than the zoning district standards, a residence can be built on the property which meets the lot coverage, setback and hardcover standards of the LR-IC district. Allowing the replacement of the existing deteriorated structure with a modest residence will help the City meet its goal of maintaining affordable housing in 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 applicant and the effect of the proposed variance on the health, safely and welfare of the community. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances would not adversely affect traffi*’ conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely ser\'e as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty’; is necessary' to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. Page 2 of 5 r ClTYof ORONO RESOLUTION OF THE CITY COUNCIL NO. ^^52 CONCLUSION ’S, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.25, Subdivision 6 (B) to allow the construction of a new residence to replace the existing residence on a lot of 0.15 acre area and 50' vsidth where a 0.5 acre area and 100’ width are normally required, subject to the following conditions: 1. This approval grants only the requested lot area and lot width variances. 4. a. 6. 7. 8. Development of the property shall not e.xceed the 35% hardcover limit of the 500-1,000' hardcover zone in which the lot is located. Total lot area is 6,725 s.f., and the maximum hardcover allowed on the property is 35% or 2,353 s.f. Development of the property shall not exceed the 1,500 s.f. "lot coverage by structures" allowance. At the time the existing house is removed, the existing shed shall also be removed. Existing house and shed shall be removed within 90 days of variance approval, and if this is not completed, the applicant is advised the Cit>' may proceed with hazardous building action Applicant is advised as part of this proposal that it is the City's intent to grant no other variances for this propertv ’. Authorities granted by this variance run with the property not with the applicant, bat are permissive only and must be exercised by application for a building permit within one year of th<- date of Council approval, or this variance will expire on that date (September 8, 1998). 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 5 GlTYofORONO RESOLUTION OF THE CITY COUNCIL NO. S Q ^ O______ 9.The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the Chain of Title of the property. Adopted by the City Council of the City of Oror.o, Minnesota at a regular meeting held on the 8th day of September, 1997. ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 8th day of September, 1997 by Gabriel Jabbour and Dorothy M. Hallin, Ma>c: and Cit>‘ Clerk of the CiK of Orono, a Mirmesota municipal corporation and said instrumen: was executed on behalf the City. CAROLE A HASEMAN NOTARY PUBUC-MINNESOU , HENNEPIN COUNTY I; i A*yOsr.Ti«jion£7;mJjn 3t.?<X)0 ( y? . /y . Notary Public Page 4 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 8 Q S 9 STATE OF MINNESOTA ) ) ss. . 199 0 before me a Notary Public within and . • r«~ i>.«l______________ COUNTY OF HENNEPIN ) On this day of _____ _ for siud county, personally appeared 0;..cl neT known to me to be the person(s) described in and who executed the foregoing instrument,and acknowjedgd^hatj^^dwj^^execj^^ same as his (±eir) free act and deed. C'/'t ^ Notar'' Public CARQIEAHASEMAN iioiMrnau64iNNE$on fjTiU MMKm COUNTY MyCo«utasilonb8'«J*n STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 199_before me a Notary Public within and for said county, personally appeared____________________________^^---------------- known to me to be the person(s) described in and who executed the foregoing instrument,and acknowledged that he (they) executed the same as his (±eir) free act and deed. Notan Public Page 5 of 5 f «*■ .••••I • %*1 • •• o RESOLUTION #8952 -•1 !• :i u' 'I Ti •'i .* *1 fio t,* STATE OF MINNESOTA ) C'«r.i v» .-•> ) COUNTY OF HENNEPIN )rj #o CITY OF ORONO a ^ I, Dorothy M. Hallin. City Clerk of the City of Orono. Minnesott. do hereby certify that I have compared the foregoing copy of a 5«soIutmn of &e Cit> Council of the City of Orono with the original record of such resolutwn m^e Minu ^ nr^ediMS of said City CouncU at a meeting of said City Council held on proceetungs^ ^ , 1997 , and that the same is a true and correct CTpy’of M?d resLtion duly adopted by Mid City Council at said meeting day of In Witness Whereof, I have hereunto set my hand and seal this----|Tth September_____________19^^ (SEAL) -3 - -t-jiJg AlMbil ^ c - -----------------------^ MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON SEPTEMBER 8.1997 r (Park Commission Comments • Continued) Jabbour indicated that the Commission was asked to review the trail matter with Council Member Flint. Jabbour said his visit with Hennepin Parks Superintendent, Doug Btyant, indicated potential significant benefits to working with Hennepin Parks towards planning of trails to be a part of the regional trail system. (Council Member Flint arrived at this time.) Welles concurred with Jabbour. He reported that future funding will require new revenue sources. Jabbour informed Welles that the Council is in the process of re-evaluating the ^ ark dedication fee ordinance He also r^ivist'd Welles that the direction being considr red by the Park Commission for widenL*.-*: -adv/ays for shoulder-type trails is in direct conflict with the desires of many of the residents. He was of the opinion that it would b a problem to widen W'atertown Road to add a shoulder tidll. Flint emphasized the need for the Park Commission to focus their work in the ar .-a of open space and meet with Council. PLANNING COM>nSS10N COM>IENTS Janice Berg had no comments. PUBLIC COMMENTS There were no public comments. ZONING ADMINISTRATOR’S REPORT (•W) #2253 DAVID KECmOLD, 3551 LIVINGSTON AVENUE - VARIANCES - RESOLUTION NO. 3952 Goetten moved, Peterson seconded, to adopt Resolution No. 3952, granting lot area and width variances for construcdon of a new residence to ren* ,e the existing residence at 3 5M Livingston Avenue. Vote; Ayes 4, Nays 0. (*#4) #2267 JOHN O’SULLIVAN, 2380 SHADYVYOOD ROAD - COMMERCIAL SITE PLAN - RESOLUTION NO. 3953 L letten moved, Peterson seconded, to adopt Resolution No. 3953, granting commercial site plan approval and apprc /al for creation of an access easement to serve the proper^ at 3340 Shoreline Drive. Vote: Ayes 4, Nays 0. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON AUGUST 18, 1997 ACTION ITEM (#3) #2253 DAVID REINHOLD, 3551 LIVINGSTON AVENUE - VARIANCES - PUBUC HEARING 7:15>7;30 P.NL The Affidavit of PubKcation and Certificate ofMafiin^ were noted. The Applicant was present. Gaf&oo reported that the application is a request for lot area and lot width variances to construct a new residence on a si. II lot located at 3551 Livingston Avenue. The lots in this area were platted in the early 1900's before zoning codes were b effect There is an e?dsting house on the property. The zonbg district requires 21,780 s.f in lot area and 100* width. The property is 6,725 s.f and 50* wide. Required setbacks are 30' front and rear and lO* side. The house is whhb the 500-1000’ setback of the lake where 35% hardcover is allowed. The lot is allowed 1500 s.f structural coverage. Gaffron indicated that the e.xi$ting house is b poor condhion. Th.; applicant plans to remove the house and either rebuild on the lot, as a building site, or sell it as vacant land or sell the lot to add to a neighboring propertv*. There are no house specifications as of yet for the site. Because of that. Staff reviewed the lot area and zoning requirements and calculated what a confirming residence might bclude. An example would be a 28'x36' house with a 24'x20’ attached garage for total lot coverag<^ of 1488 s f Adding a 16'x30' driveway (480 s.f.), 3*x32' sidewalk (96 s.f), lO'xlS' deck 080 s.f), and lO'xlO’ shed (100 s.f) would resuh in 2344 s f. of total hardcover or 34.9%. A garage as noted would be an endload facbg Livingston Avenue at the front setback line. GafBron reported that no adjacent land is available to increase the lot size. 1 he homes m the area are on mainly single lots The example residence w’ould be in keepbg with the character of the neighborhood. Gaffroo recommended approval subject to the structure meeting all zonbg codes with approval of lot area and lot width variances only Gaffrun said the existing shed would be removed with the bouse and recommended re»noval withb 90 days of variance approval. Karen Cuff^ 3572 Livingston Avenue, noted she has lived at that address for 17 years. She indicated the house b question is vacant and is concerned wrth the potential size of an new residence for the ptoperty. Cuff said she currently is unable to view the existbg hc)'’e with the tree coverage. Lindquist explabed to her that the property would be allowed a 1500 s.t. house but no other variances beyond that allowed. Hawu was bformed the current house is 720 s.f Gaffiron noted this is one-half of the footprint allowed. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON AUGUST 18. 1997 (#3 - ^2253 David Reinhold • Cootioued) Schroeder asked for verification that the lot is buildable. Gafiron said in his opinion it was. noting denial of hs buildability would limit the applicant's options. Gafion noted that there is an existing house on the property. He indicated that a set of conditions would be required for approval regardless of the structure itself before anv oennit is allowed. Schroeder was told that the Commission typically reviews a specific building plan for this tvpe of variance request. Stoddard asked why the application was on the agenda. Gafiron said the ^plicant needed verification that the lot is buildable. He noted as long as other standards are met, the request is only for lot area and width variances. Schroeder asked if the approval could not be obtained at time of the building plan application. Gafiron informed him that the applicant wanted the confidence tluit the lot b buildable. Commisnon questioned whether they could approve with reviewing a plan. Gafifion noted that a similar situation was recently approved for lot area variance only without a building plan in order to allow the current owner to sell the property. Hawn noted that an approval would clarify the situation for a potenti^ buyer. Berg indicated that if the plan me.is all other requirements, the application would not have to be reviewed again. Hawn indicated that a neighboring property owner wanted to speak with the applicant. Schroeder noted that there is more value in tl^ land if it is buildable. Smith asked what the preference was of the applicant for the property. Reinhold said he preferred to sell the lot. Smith indicated she agreed with Hawn that the best scenario would be to sell the lot to the adjacent neighbor. Hawn moved, Berg seconded, to approve Application #2253 for lot area and lot width variances subject to Staflf recommendations 1-6 as noted. Smith informed the applicant that it was important to note that if a residence was buih, no other variances would be approved. Vote; Ayes 7, Nays 0. 400 JOlf - 8C0 Xryj3 inn *SS tONERSIT ^ Line •ATS I lAT BE m ‘ Nortii OAML no _ , «» Forest 1 * s <>- •MJIOVtEW «« 'i. Noerenberg ; Maxwell. WHITE MaxweA ' > y/.-Bay \ t r *: . • '•• •' » ... I V- •• •7 ^ ORONO i4r/n 5^ ',S@ POINT g r » / O • » • Crystal ood Point DEERING Fagerness Point ^0^Bay i t- StOmilE PL .-<...j3SLJ!IAAfaiM —:r—__ fATTM on ***TM ““ 0N**»r Crystal Ba •oofiaIiI / /' ..jii'C CNtS^*^ >ucw^_!l P MINNETON ■\BEACH REQUEST FOR COUNCIL ACTION DATE: September 3, 1997 ITFM NO.: Department Approval: Name Michael P. Gaffron Title Assistant Planning & Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description: #2253 David Reinhold, 3551 Livingston Avenue - Variances - Resolution Zoning District: LR-IC Single Family Lakeshore Residential, '/i Acre Minimum. Sewered Application:Request for lot area/lot width variances to construct a new residence to replace the existing residence. List of Exhibits A - Resolution B - Notice of Planning Commission Action 8/20/97 C - Memo and Exhibits of July 14, 1997 Summary of Application Please review the memo and e,\hibits of July 14. Briefly, applicant requests lot area and lot width variances for construction of a new residence to replace the existing residence on this 50' X 134.5' (0.15 acre) lot in Navarre. The LR-IC standards are 100' width and 0.5 acre. The property currently contains an existing 720 s.f. house and 40 s. f. shed, both ot w’hich would be removed. Applicant has indicated he may sell the lot rather than build on it himself. No plans for a proposed house for the site have been submitted. However, the July 14 staff memo describes how a house could be developed on the site meeting the 35% hardcover limit, the 1,500 s.f. lot coverage allowance and the required front, rear and side yard setbacks. As noted, such a house could include a two car attached garage which would be at the 30 ’ setback. Planning Commission Recommendation Planning Commission recommended approval subject to the following: 1. 2. 3. Granting only the requested lot area and lot width variances. Development of the property shall not exceed the 35% hardcover limit. Development of the property shall not exceed the 1,500 s.f. lot coverage by structures allowance. Request for Council Action continued Page 2 September 3, 1997 #2233 David Reinhold, 3531 Livingston Avenue - Variances 4. At the time the existing house is removed, the existing shed shall also be removed. 5.Existing house and shed to be removed within 90 days of variance approval (to avoid City proceeding with hazardous building acrion). 6. Applicant is advised as part of this approval that it is City’s intent to grant no other variances for this property. Staff Recommendation Staff recommends approval per the Planning Commission recoronendation. COUNCIL ACTION REQUESTED: Adopt the attached resolution of app.oval. PROPOSED MOTION: Moved by seconded by .. to adopt Resolution No. _______granting lot area and width variances for construction of a new residence to replace the existing residence at 3551 Livingston Avenue. Vote: ____ayes,_____nays. /' ; A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.25, SUBDIVISION 6 (B) FILE NO. 2253 WHEREAS, David Reinhold (hereinafter "the applicant") is the owner of the property located at 3551 Livingston within the City of Orono (hereinafter "the City") and legally described as follows: Lot 6, Block 4, Navarre Heights, Hennepin County. Minnesota (hereinafter "the property"); and WHEREAS, the (applicant has applied to the City for variances to Municipal Zoning Code Section 10.25, Subdivision 6 (B) to permit the construction of a new single family residence to replace the existing residence on a lot of 0.15 acre area and 50' width where a 0.5 acre area and 100' width are normally required. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. 2. This application was reviewed as Zoning File #2253. The property is located in the LR-IC Single Family Lakeshore Residential Zoning District. 3.The Orono Planning Commission reviewed this application on August 18, 1997 and on a vote of 7 to 0 recommended approval of the proposed variances based upon the following findings: A.The existing lot of 0,15 acre in area and 50' width contains an existing house connected to municipal sewer. Paee 1 of 5 1 -—^■ ............................. 4. B The adjacent properties on either side of applicant's property are developed with existing single family residences, hence no additional land is available to make the lot larger. C.Development of this lot would be in character with the neighborhood, as evidenced by the fact that of 73 homes in the neighborhood bounded by Shadywood Road on the east and Blaine Avenue on the west, including Livingston Avenue, Lyric Avenue and Crvstal Place, 41 are on single 50 ’ lots, 23 are on double 100' lots, and 9 are on triple 150 ’ or larger lots. D.Even though this lot is significantly smaller than the zoning district standards, a residence can be built on the property which meets the lot coverage, setback and hardcover standards of the LR-IC district. E.•Allowing the replacement of the existing deteriorated structure with a modest residence will help the City meet its goal of maintaining affordable housing in the City. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City statT, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. Page 2 of 5 CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants variances to Muiticipal Zoning Code Section 10.25, Subdivision 6 (B) to allow the construction of a new residence to replace the e.xisting residence on a lot of 0.15 acre area and 50 ’ width where a 0.5 acre area and 100’ width are normally required, subject to the following conditions: 1. This approval grants only the requested lot area and lot width variances. Development of the property shall not exceed the 35^o hardcover limit of the 500-1,000 ’ hardcover zone in which the lot is located. Total lot area is 6.725 s.f., and the maximum hardcover allowed on the property is 35% or 2,353 s.f. 3.Development of the property shall not exceed the 1,500 s.f. "lot coverage by structures" allowance. 4.At the time the existing house is removed, the existing shed shall also be removed. 5.Existing house and shed shall be removed within 90 days of variance approval, and if this is not completed, the applicant is advised the City may proceed with hazardous building action. 6.Applicant is advised as part of this proposal that it is the City’s intent to grant no other variances for this property. 7.Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (September 8, 1998). 8.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 5 1 A 9.The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the Chain of Title of the property. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 8th day of September, 1997. ATTEST: Dorothy M. Hallin, City Clerk Gabriel Jabbour, Mayor Property Owner (s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 8th day of September, 1997 by Gabriel Jabbour and Dorothy M. Hallin, Mayor and City Clerk of the Cit> of Orono, a Mirmesota municipal corporation and said instrument was executed on behalf of the City, Notary Public Page 4 of S 1 CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 473-7357 ZONING FILE #2253 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: August 20, 1997 TO: David Reinhold 5333 Forest Road Minnetonka, MN 55345 COPIES: TYPE OF APPLICATION: Variances DATE OF MEETING: 08/18/97 VOTE: 7 FOR 0 AGAINST Planning Commission recommends the following: Approval subject to conditions noted below. NOTES AND SPECIAL CONDITIONS: 1. 2. 3. Granting only the requested lot area and lot width variances. Development of the property shall not exceed the 35% hardcover limit. Development of the property shall not exceed the 1,500 s.f. "lot coverage by structures" allowance. 4. At the time the existing house is removed, the existing shed shall also be removed. 5.Existing house and shed to be removed within 90 days of variance approval (to avoid City proceeding with hazardous building action). 6.Applicant is advised as part of this approval that it is City ’s intent to grant no other variances for this property. Applicant's next scheduled meeting is confirmed as; City Council, Monday, September 8, 1997; meeting starts at 7:00 p.m. If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Conunission. TO; FROM: DATE: Chair Lindquist and Orono Planning Commission Members Ron Moorse, City Administrator Michael P. Gaffron, Asst. Planning & Zoning Administrator Julv 14, 1997 SUBJECT: #2253 David Reinhold, 3551 Livingston Avenue - Variances - Public Hearing Note: This item was tabled at your July meeting at applicant's request. Zoning District: LR-IC, Single Family Lakeshore Residential, 1/2 acre sewered. Application: Request for lot area/lot width variances to construct a new residence to replace the existing residence. List of Exhibits A - Application B - Plat Map C - Property Owner ’s List D - Survey E - Hardcover Zone Review Summary of Request This propert>- currently contains an existing 720 s.f. house and 40 s.f. shed. The lot is 50'x 134.5' or 0.15 acre. The LR-IC standards are 100' width and 0.5 acre. Applicant requests area and width variances to allow replacement of the existing house with a new residence, and he Indicates he may sell the lot rather than build on it himself. Pertinent Code Sections 1. Section 10.25, Subd. 6 (B): Lot area required = 21,780 s.f.; existing = 6,725 s.f. Required lot width = 100'; existing = 50’ Required setbacks: 30' front and rear, 10' side. 2. Sections 10.22/10.56: Hardcover in 500-1,000' zone is allowed at 35%. 3. Section 10.03, Subd. 14(C): Allowance for lot coverage by structures is 15% of total lot area or 1,500 s.f., whichever is greater. Zoning File #2253 July 14,1997 Page 2 Discussion The existing house on the property is small and in poor condition, and has not been lived in for a few years. Applicant proposes to remove the existing house and either rebuild • nself or sell the lot as a building site. A third option he is considering is sale to neighboring prope.. owners for additional yard area. Applicant has not provided plans for a proposed house for the site. It may be reasonable to grant the variances requested to replace the existing house without knowing the parameters of a new house, only if all setback, hardcover and lot coverage requirements are intended to be adhered to. Given the 35% hardcover limit, the 1,500 s.f. lot coverage allowance, and the required front, rear, side yard setback requirements, a modest residence with two car attached garage could be developed on this property without variances other than the requested lot area/width variances. A conforming residence might include the following: A. 28 ‘x36’ house + 24'x20' attached garage = 1,488 s.f. B. 16'x30'driveway = 480 s.f. C. 3’x32' sidewalk = 96 s.f. D. I0 ’x28 ’deck = 180 s. f. E. lO'xlO* shed = 100 s.f. Total hardcover = 2,344 s.f. or 34.9% Total lot coverage = 1,488 s.f. This home could be two stories in height to gain square footage, but would have to be set at the 30' street setback line in order to meet hardcover requirements. Further, the attached garage would have to face the street. This combination of limitations leaves little flexibility in design, but may also yield an opportunity for creativity. Hardship Both adjacent properties contain existing homes, hence no additional land is available to make the lot larger. Further, of 73 homes in the neighborhood bounded by Shady wood Road on the east and Blaine Avenue on the west, including Livingston Avenue, Lyric Avenue and Crystal Place, 41 are on single 50' lots, 23 are on double 100' lots, and 9 are on triple 150* or larger lots. Construction of a new residence on this property would not be out of character with the neighborhood, even though it would be significantly smaller than the zoning district standards. Also, it can be argued that a property containing a residence which meets the lot coverage, setback and hardcover standards should not be considered as "over built". Additionally, allowing the replacement of the existing deteriorated structure with a modest residence will help the City meet its goal of maintaining affordable housing in the City, Zoning File #2253 July 14,1997 Page 3 Staff Recommendation If Planning Commission determines that this lot should be considered buildable, staff would recommend the following conditions of approval: 1. 2. Granting only the requested lot area and lot width variances. Development of the property shall not exceed the 35% hardcover limit. 3. Development of the property shall not exceed the 1,500 s.f. "lot coverage by structures" / allowance. 4. 5. At the time the existing house is removed, the existing shed shall also be removed. Existing house to be removed within 90 days of variance approval (to avoid City proceeding y with hazardous building action). 6.Applicant is advised as part of this approval that it is City's intent to grant no other variances for this property. Options for Action 1. 2. 3. 4. 5. Recommend approval per staffs recommendation. Recommend approval with other conditions. Table for fiuther information (specify). Recommend denial (state reasons). Other. r • .* * ‘ A i . / 7-0 Application # Date Received 7 Amount Paid c* CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee S220.00 ($50.00 per each additional variance) \ - Renewal Variance Fee $120.00 I f., ^ y . (no change from original application) < Variance for non-conforming structures $220.W ^ '» * After-the-Fact Fees (Double application fee) 1 •.<> • J * • .•V> § 5*O. PROPERTY INFOR>UTION SiteAddress ics< v./.. 5 Property Identification Number (P.I.D.) Attach legal description to application if not included on required survey. Date Property Acquire d u/iq-»n _________________________________^(month/year) I (do) (qoji^^also own the adjacent parcels of land. Present use of property: residential ___^other (specify)___________ Zoning District: r- >1-^ c) APPLICANT Name Address: Phone (home) _______ _____ Phone (work) i-soo • ^.^LLoq City:ah. Zip: i::, OWNER (if different than applicant) Name Phone (home)_ Phone (work)_ Address:City:Zip:, DESCRIPTION OF REQUEST Estimated Construction Cost $ Describe request in'detail: V/At/A/j-o*--. n .. / :-'t i fJB^ ^ Ar1-A»*n.? '>f x/rr/f .________________ (attach additional sheets if necessary) VARIANCES REQUIRED V Lot Area Lot Width Hardcover Lot Coverage Setback:Front Side Rear Average Lakeshore Other (specify) HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficult' or imusual property conditions preventing compliance with Zoning Code requirements: Exi <-». -tc 1:/._____ (attach additional sheets if necessary) h f RUN Ui^TE 12/20/96 BATCH 006 PROP ADOR ONNT R NAME TAXI’AYIR N«i1E/A00R PI .OP ADOR OMER NAME nXPAYER NAHE/AOOR PROP AODR OIMER NAME TAXPAYER NAME/ADOR PROP ADOR OHNER NAME TAXPAYER NAHE/AODR PROP ADOR 0»f«R NAME TAXPAYER NAME/ADDR PROP ADOR ONT€R NAME TAXPAYER NAME/ADOR o 1 HEIRIEPIN C0UI4TY PROPERTY INFORMATION SYSTEM PROPERTY OHNCRS UST 38 17-117-23 63 0060 03556 LIVirr.STON AVC COIN LONG CHRISTIAN 0 I NANCY LONG 3556 LIVINGSTON AVE NAYZATA m 55391 38 17-117-23 63 0065 03533 LIVINGSTON AVE S D SANDLER AKA SANOLFR STEVEN 8 A KATHRYN A SANtILEfI 3533 IIVINGSTON AVE NAYZATA m 55391 38 17-117-23 63 0068 03559 ^IVINGSTON AVE 0 LEFEDVRE A L S CARNES DOMINIC LEFEDVRE 3559 LIVINGSTON AVE NAYZATA Itl 55391 38 17-117-23 63 0055 03556 LYRIC AVE R 0 DARTELL A K K DARTELL ROLAND 0/KIMDERLY K DARTELL 3556 LYRIC AVE NAYZATA MN 55391 38 17-117-23 63 0058 03508 LYRIC AVE RONALD THOMAS HILL RONALD THOMAS HILL 3500 LrRIC AVE NAYZATA MH 55391 38 17-117-23 63 0153 03596 LYRIC AVE MICHAEL E A LAURA J MICHAEL E A LAURA J 3596 LYRIC AVE NAYZATA m 55391 SHANSON SNANSON REPORT NO. PI635601 PAGE 16 38 17-117-23 63 0061 03520 LIVINGSTON AVE RODERT EUGENE EBERT ROOERT EBERT 3520 LIVINGSTON AVE NAYZATA m 55391 38 17-117-23 63 0066 03525 LIVINGSTON AVE S PUGH A T SOOERG SUSAN PUGH A TERREICE SOBERG 3525 LXVINGST04 AVE NAYZATA MN 55391 36 17-117-23 63 0066 03561 LIVINGSTON AVE JOANN M HOLSDECK M HOLSDECK 3561 LIVINGSTON AVE NAYZATA rwi 55391 30 17-117-23 63 0067 03551 LIVINGSTON AVE DAVID N RE1I4NOLO DAVID H REirRIOLO 3551 LIVINGSTON AVE NAYZATA m 55391 CO 30 17-117-23 63 0D69 0357/ LIVINGSTON AVE ELIZABETH J BALTER ELIZABETH J BALTER 3577 LIVINGSTON NAYZATA rt4 55391 38 17-117-23 63 00M) 035B5 LIVINGSTON AVE MICHAEL G MOSIMAN MICHAEL G MOSIHAN 3565 LIVINGSTONE AVE NAYZATA MN 55391 SB 17-117-23 63 0056 03536 LYRIC AVE RICHARD R GILMORE CHARLES LENIS HEriCE 3536 LYRIC AVE NAYZATA MI4 55391 36 17-117-23 63 0057 03520 LYRIC AVE J A V NEGLEY JAMES A VICKY NEGLCY 3520 LYRIC AVE N NAYZATA MN 55391 3B 17-117-23 63 016B 03556 LIVINGSTON AVE R E A J M THOMPSON RICHARD E/JE4U4NE M THOMPSON 3556 LIVINGSTON AVE NAYZATA MT4 55391 38 17-117-23 63 0150 03572 LIVINGST0t4 AVE MARK H A KAREN L CUFF MARK H A KAREN L CUFF 3572 LIVINGSTON AVE NAYZATA HT4 55391 TOTAL BATCH 006 00016 CERTIFICATE OF SURVEY FOR DAVID REINHOLD LOT 6. BLOCK 4. NAVARRE HEIGHTS HENNEPIN COUNTY, MINNESOTA LIVINGSTON AVENUE •o .. S 89*59' E 50.00 13^ i 0 o *9.2 EXISTING HOUSE iMMMi 199...> 0> EXSTNG 9€D* in V)s E rv o>o•o 49.92 meo9 50.0^ S 89-5V44" W N « Tf 0 »V* • /. %# LEGAL DESCRPTiON OF PREMISES : LOT 6. BLOCK 4 NAVARRE KF.GHTS 1m o : denotes iron marker * : denotes distance cs s^oen on the plot of NAVARRE HEIGHTS Beorings sho«n ore bosed upon on ossumed dotum. TNs survey intends to sho* the boundaries of the obove described property, ond the locotion of on existing house and shed thereon. It does not purport to shoe ony other improvements or encroochments. # k :q3 \c/ ii (,KONBtW. lx I vvrtifv ihji ihi-. ^uno w pn |\iu\I K me uiuUf Jint! Hipcf* \ !'.*.««. jivl iKjI I .in* 4 »!gU r»->;ixU n'l t. n il I oi;i»H\r arvl I jnJ hunm»*f iirkL f llu* *4 !hi- M «4 Mints m4.i \! Ilk ** (.r**nS It; Miniu’M4.i I k» iim \umK f*T'“ PMI J.J-fZ *»«N 96-458 I r-\ ■mi"n»T: #~i?^ rH.~^i:, s?' - H C%H «•k ’ f-V- ;2 te\ ^r /r : Vi • f Jt ? :••r.<* •• ti • y f7[ • 1^». K^' 1 ii#|i ilSi ■wttj T" '<IL (•t ::>* t % ' Mi.l.-; ^ 5 0(* 'Ti^v yo* % F»*af *^t.* li*. fH,kT^s m hi*.mBL ?• \v ^ e: l«t • »4 If. >u)CiW^ i\> - 5 f y iliMi IS; .Jri 1 ■. Xl_ lii 11ii!Si, r- *•• '«7/i <•»' ----- P’SP • -A I- .'• - I >i ;o >•• • • Cl .P 5 Dale of Complete Application: 60 Day Deadline: 7/19/01 9/18/01 TO: FROM: DATE: SUBJECT: Chair Haxvn and Orono Planning Commission Members Ron Moorse, Cit> Administrator Paul Weinberger, Zoning Administrator/Planner August 15,2001 i^OI-2689 Mandeep Sodhi 4080 Dahl Road After-the-Fact Variances and Conditional Use Permit Lakeshore Vegetation Restoration Plan Review Zoning District: List of Exhibits LR-IB One Family Lakeshore Residential District A B C D E F G H I J K L Application Plat Map Site Photo Section 10.56, Subdivision 16 (1) • Regulation of Vegetation Alterations Definition of Intensive Vegetation Ctearinu Property Sur\ ey Appro.ximate Bluff Line Determination Landscaping Plan Planting Schedule Hardcover Calculations Hardcover Calculation Worksheet (Entire Lot) Property Owners Notification List Background In late Spring the City of Orono was made aware of vegetation removal and replacement of a stairway on the lakeshore side of the property. The property ow ner had purchased the property the previous year and hired a contractor to replace the stairway and retaining walls on the hillside and to remove the vegetation. The applicant had stated the vegetation removal was done primarily to remove poison ivy. It was also determined at least two large and several small trees were removed. The Shoreland Ordinance does not permit “Intensive Vegetation Removal” within 75' of the shoreline, on steep slopes or within the bluff impact zone. WTiat would be allowed is limited clearing of shrubs and trees less than 6 inches in diameter and cutting, pruning and trimming of trees of any size to provide a view to the water from the principal dw elling site and to accommodate the placement of permitted stairways and landings, picnic areas, access paths, beach and waercraft access areas, and permitted lock boxes, provided that the screening of structures as viewed from the water is not substantially reduced (assuming summer leaf-on conditions). iO 1-2689 Mandeep Sodhi 4080 Dahl Road 8/15/01 Page 1 of 4 *** Any vegetation removal of trees that are within 75' of the lakeshore or in a bluff impact zone require a permit from the City. One large tree that was removed from the property was hollowed out and likely would have qualified to receive a permit. A condition of permit approval may have been the property owners plant new vegetation in its place. The City did issue a building permit to allow the property owner to complete the stairway and retaining wall replacement, with a condition the property owner apply for an after-the-fact variance and conditional use permit to permit the retaining wall replacement within 75' of the lakeshore. It is not clear how much e.xcavation was done to lower the stairway since the grading was completed before Staff was able to visit the site. Crews stated they did not low'er the stairway into the hillside, except some excavation was done to level the ground. The concern of lowering the stairway into the hillside is the small retaining walls on each side of the stairway are then raised to accommodate the lower steps. An additional retaining wall was replaced along the lakeshore prior to the permit being issued. The photo attached as Exhibit C was taken the day Staff was made aware of the w ork on the lakeshore. The photo indicates how much work was completed before a Stop Work Order was issued. The stairway to the lake is designed at an angle that will allow it to be screened from the lake views once natural vegetation has been restored and to follow the path taken by the previous stairway. The application requires review of the following variances: 1 Section 10.22. Subdivision I and Section 10.56, Subdivision 16 (L) (1) - A'o hardcover or impervious surface shall be placed, located or constructed within 75 feet of the Ordinary High l^ater Level of any lake or tributary, except for stairways, lifts, landings, and lockboxes. 0-75' Lot Area = 3,523 s.f. Hardcover = 296 s.f. (8.4%) To permit 86 s.f of hardcover for the retaining wall system replacement along the stairway. Section 10.55. Subdivision 8 - No hardcover or structures are permitted within 75' of the lakeshore. A Conditional Use Permit is required per Municipal Code Section 10.56, Subdivision 19 to replace the retaining wall. Conditional Use Permit review shall include landscaping plans that screen and break up the unnatural appearance of such structures. The intent is to maintain a natural appearance when viewed from the lake. In addition to approval of the vanance/CUP the property owmer has requested approval of a restoration plan for the vegetation removed from the bluff line. Home Planning Associates, Inc. has submitted a planting schedule and plan that would include planting of 2 maple trees, 1 scotch pine, a crabapple tree and several small bushes and plants. •01-2689 Maitdeep Sodhi 4080 Dahl Road 8/I.VOI Page 2 of4 J The overall landscaping plan would have a garden appearance rather than a natural species shoreline. The plan could be changed to include some undergrowth species such as day lilies and more junipers. Eventually the trees would mature and provide tree cover. Until mature growth is in place the plants and bushes will need to be in place to help prevent erosion and provide a green ground cover. Natural regrowth will occur over time and eventually restore the natural appearance the lakeshore had prior to removal of the vegetation. The natural restoration would allow the property ow ner to remove any vegetation classified as “noxious ” including buckthorn and poison ivy. The land located above the bluff line has a slow, gradual slope up to the house. Recently the property owner removed a permanent walk to the lake and eventually will sod the property from the house to the bluff line. The grade has not changed and Staff did not identify trees that had been removed in this area. Only one large tree was removed close to the house. This tree was hollowed and outside of any part of the property where tree removal would be prohibited. The total width of the lot where vegetation was removed is 45'. At the time the trees achieve full growth they will have the ability to cover most of the lot near the lake. Full natural cover may occur earlier if 2 or 3 trees are added to the plan or the crabapple tree is replaced with a tree that will achieve a maximum height taller than what a crabapple would. A crabapple tree may reach a maximum height of 10-30' a red maple will reach a maximum height of 60-90'. Discussion Items • Staff issued a building permit to allow the stainvay to be replaced, including replacing the retaining walls. The primary reason is the old had already been removed and there were concerns about erosion along the hillside. • The proposed landscaping plan does include some species that may be more natural to the shoreland areas, however should more natural green understory vegetation be part of the plan? Staff Recommendation Staff recommends approval to the concept to allow the vegetation to be restored subject to the following suggestions and conditions. 1. The proposed plantings shall be in place to create green cover for the slope, however vegetation around the stairway should be allowed to naturally restore itself over time. The natural vegetation will ultimately fully screen the stairway and walls. 2. Two additional tree plantings shall be provided to allow for additional canopy cover in the future. 10I-2689 Mamteep Sodhi 4010 Dim RoMi 8/15/01 PM«}or4 3.The properly owner shall be responsible for clean up of all debris left on the property since the vegetation was removed. 4.Erosion control, including silt fence, shall continue to be provided on the site until the City has determined the vegetation has been restored, this to prevent sediment from reaching the lakeshore. Options for Planning Commission Action I. Recommend approval. Recommend denial, stating reasons. 3.Table. 4.Other action. ■(! •0i-26S9MandccpSodhi 4010 Mil (told I/I 5/01 Pa|c4or4 ' fH) C" O O r I t . ^ / Application # Date Received / >• •/ (' Amount Paid -• / CITY OF ORONO - GENERAL LAND USE APPLICATION PROPERTY LOCATION Site Address _______ *4^^'^Q/f^ ^^DA/(P Type of Application to be Filed Property Identification Number (P.I.D.)g 7- // 7 - ^3 //npTX APPLICANT Name ^OA/// Address ^^o^o ^ojtd City Phone Oiome) />ci(o Phone (work) 6-/2 • 3 S*?- O^OA/£>______Zip__£XZ£i' O^^'NER (if different than applicant) Name Phone (home) Phone (work)_ Address City Zip. Date Property Acquired ^ I (do) (do not) also own the adjacent parcels of land. (month'year) FEES - CONDITIONAL USE PERi>nTS - _____$ 75.00 For each variance request with CUP application _____$175.00 Residential Accessor>' Use _____$250.00 Institutional (church, school, etc.) _____$225.00 Guest House/Guest Apartments _____$200.00 Duple.x Credit/Bldg _____$325.00 Commercial/Ir.dustrial Use _____$250.00 Land Alteration ____ Grading and filling - designated wetland or floodplain Grading and filling - 501 cu. yd. or more X Grading, seawall, retaining walls within 75' of lakeshore PRD/PID - see Fee Schedule $150.00 Renewal Fee (no change from oiiginal application) After-the-Fact Fee - Double Current Application Fee OTHER APPLICATIONS _____$275.00 Commercial Site Plan Re\iew (+ consultant fees) _____$300.00 Vacation _____$200.00 Easement Vacation _____$100.00 Easement Vacation With Subdivision _____$350.00 Rezonlng (PUD - refer to fee schedule) _____$375.00 Comprehensive Plan Amendment _____$100.00 Appeals ______ Other - see Fee Schedule • • 07~/J7.^3^ Hennepin County Taxpayer Services Departmetitjt C% n •7 ^^rcel Information • * *• .»; Parcel ID 0711723110018 House Number 4080 Street Name DAHL RO Condominium • •. condominium This is not a legaity racordad map. It rapfasants a compnaUon ohnfdtmaUon and data from City, County, and State road authoritias and oihar aourcas. ;V-n ?f.’ : ’.s ^4r:-- -Br'-' *' - .ism .• *'*•‘. .’2 B,sfl J’V'-S. i * • ^ « • i y ■^1 i £i;:''^-; 4-^fiV^ £’5- ' .r*« •* - .. |p^ * " •"**- ”"*•*. .i '• If’-'- ■ -4,N: '.V^><S«- . *• • . r *• •* ' j •>* J. ^ - . • • -• •_ • • j • ^ ^ ^ ■ • " - ^* • , ^* ^ w .J ^ i ‘ , " ' ---^ - •' - ' ’ 1 V , A*V. : K. , • I f \-;L- . . . . • B^t-■^m - •'>-'dN • —^ I N f m ^ i § 10.56 I. Vegetation Alterations. 1 • No live tree within 75 feet of the shoreline or within the bluff impact zone with a diameter of 6 inches or more (or 19 inches in circumference or greater) measured 3 feet above the ground may be removed without first obtaining a permit from the City staff provided that at least the equivalent number of replacement trees of a size and nature found acceptable to the staff are planted at the same setback from the shoreline as those removed. Appeals of staff determinations as to type, size and quality of the trees to be replaced will be to the Council. Removal of trees that are dead shall not require a permit but such trees must be inspected by City staff prior to their removal. 2. Intensive vegetation clearing within 75 feet of the shoreline, on steep slopes or within the bluff impact zone within the Shoreland Overlay District is prohibited. Liimted clearing of shrubs and trees less than 6 inches in diameter and cutting, pruning and trimming of trees of any size is allowed to provide a view to the water from the principal dwellmg site and to accomodate the placement of permitted stairways and landings, picnic areas, access paths, beach and watercraft access areas, and permitted lock boxes, provided that the screening of structures, vehicles or other faci:ities as viewed from the water, assuming summer, leaf-on conditions, is not substantially reduced. Source: Ordinance No. 127,2nd Series Adopted: 7-11-94 J. Topographic Alterations/Grading and Filling. 1 . Grading and filling and excavations necessary for the construction of structures, sewage treatment systems, and driveways under validly issued construction permits for these facilities do not require the issuance of a separate grading and filling permit. However, all grading and filling activity approved permits for construction of structures, sewage treatment systems, and driveways shall adhere to the grading and filling standards of this section. 2. Grading, filling or excavating of more than 10 cubic yards is prohibited within 75' of the Ordinary High Water Level of the public waters enumerated in Subdivision 7 of this section. Grading, filling or e.xcavating of 10 cubic yards or less shall require City staff review and permit and be subject to other pertinent sections of the Zoning Code. Source: Ordinance No. 171,2nd Series Adopted: 3-23-98 ORONO CC 376-14 (2-24-92) • V — — *... L It . § 10.56 7. "Dwelling Site, Transient" - A designated location for temporar>- or transient residential use by one or more persons using temporary or movable shelter, including camping and recreational vehicle sites. 8. "Dwelling Site" - A designated location where a dwelling unit is intended to be constructed. 9. "Dwelling Unit" - A building or a portion of a building designed or intended to be occupied e.xclusively for residential purposes, including provisions for sleepina, eating, cooking and sanitation for not more than one family, but not including rooms in motels, hotels, nursing homes, boarding houses, nor trailers, tents, cabins, recreational vehicles, nor lodeing rooms. 10. "Extractive Use" - The use of land for surface or subsurface removal of sa.nd, gravel, rock, industrial minerals, other nonmetallic minerals, and peat not regulated under Mirmesota Statutes Sections 93.44 - 93,51. 11. "Forest Land Conversion" - The clear cutting of forested lands to prepare for a new land use other than re- establishment of a subsequent forest stand. 12. "Industrial Use” - The use of land or buildings for the production, manufacture, warehousing, storage, or transfer of goods, products, commodities, or other w holesale items. 13. "Intensive Vegetation Clearing" - The complete removal of trees or shrubs in a contiguous paten, stripTrowToTEIoHr'"" ~ ‘ ——— 14. 'Ordinary High Water Level (OHWL)" - The boundary of public waters and wetlands, and shall be an elevation delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape, commoixly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. For watercourses, the ordinary high water level is the elevation of the top of the bank of the channel. For reservoirs and flowages, the ordinary high water level is the operating elevation of the normaJ summer pool. The designated OHWL has been determined by the Minnesota Department of Natural Resources for certain water bodies as shown in Subdivision 7 of this section. 15. 'Plarmed Unit Development (PUD)" - A type of development characterized by a unified site design for a number of residential dwelling units or non-residentiaJ sites on a parcel, whether for sale, rent, or lease, often involving clustering of units or sites to provide areas of cortunon open space or a mi.xture of structure types and land uses. Two types of PUD are provided for in the zoning code; ORONO CC 376-3 (2-24-92) V ^••FOUNO IR< ^0 WALIS r K^rf. 6<;^n2,|l-1^! isl £> ^0 Usilf^t^ -'Jt4irt^ <■ <yfsC(^^ (^. j\pL>0^i V Psf4i ^G?<\\S K i ^ ('\7\-^ j't^T&j+^L- uv A Ihi-ilt^ FROn : S 3 CONSULTING FAX NO. : 763 546 3500 ".e—U 4 INUUH^Jul. 19 2001 02:04PM P3 bi^MbbMv 7?'-ISO' -so©‘ Co"T *). ‘i'Stj 30.5^8I £<l«T|0^ Z.9 4» Peefos£0 V\ard Ooocr *2,4 (<} ^ A^o CVsat\«^^ ^7^4^ //^PC»y£< FROM : S 3 CONSULTING FAX NO. : 763 546 3500 Jul. 19 2001 02:03PM P2 SSTBACKZOSt! rC/RClf OMEJ 5 HAl^OVat M UME o - A. haue C Tot AC ^o&peH-y T, sr. Lmph X X X s,r. sr. B. Oangi C. Dftvx^ s.r X X Zn%G S.F. __________S.F. D. JWrwft X X b S.F. S.F. £. Momtdt X X *<ID S.F. SJF. F. iMMbeap* Vr-AtrUn SyKasde OrFaMe X X X ^ S.F. ________S.F. S.F. C. OAer I ^6 S.F. TOTAL HAFDCOVER Iff ZONE • TOTAL PMOFOarAAEA INZOSE A ■ I t 2 C* » B ^3^*9 0'? xlOO 2,Z Z. S.F. _S.F. " * A. Haatx iMfA Z,C<\4 S.F. X X X 5.F. S.F. S.F. t. Ccfogt S.F. C. Dii- twxy .r X S.F S.F D. SUtwalk X X fil ti> S.F. ir. e. PatiafDtc!^X X Q I O S F. __________SF. F. iMXdlCBpt ViiAtAein By Flattie Or Fabric X X X 5 tz S.F. S.F. S.F. C. Oitur JkS±..SF. TOTAL KAMDCOVBR IS ZOSF > TOTAL FROPiKTYAREA BfZOSB A -7j ^2.1 + 1 *1^. .liOO HS^J^SF. JTiT&T SF. n % TOTAL P.03 aeiMK - .1 * r^*wjM^mr-«x4ayo.ii»a5tfO4lfclK.W0*A8i<teliftl4»l ■»-- RUN DATE M/2R/R1 BATCH SIB HCNNEMN COUNTY fROPERTY INFORHATION SYSTEN PROPERTY OWNERS LIST REPORT NO. PIASS4B1 PACE 40 PROP AOOR OWNER NAME TAXPAYER NANE/ADDR 50 B7*117-23 14 BBS4 BIBSB LONA LltffiA AVE L A NUINKER t C W WOLLNER LORI A NUINKER GARY N WOLLNER 1B5B LONA LINOA DR NN SS544 50 B7-117-23 14 BBSS B1B45 NORTH ARH DR ROGER J ILLIES ROGER J ILLIES 1B4S NORTH ARN DR HOUND NN 55544 5B B7-117-25 14 BB7B BB4BB LONA LINDA AVE R E HINKLER SHE WINKLER RAYNOND E WINKLER BOB LONA LINOA AVE HOUND HN 55344 PROP AODR OWNER NAHE TAXPAYER NANE/ADDR 30 B7-117-23 14 BB7I BIBBB LONA LINOA AVE NARY A ULRICH NARY A ULRICH IBBB LONA LINDA AVE HOUND NN 55344 TOTAL BATCH 510 BBB22 ) ■( 4 ) J ) ) 1 CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORHATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTHENT OF PROPERTY TAXATION, TO THE BEST I ' Of ffV KNOMLEDCC AND BELIEF. DATE •» --^«lrrT uNWuNfrut-fr- RUN DATE AA/Ea/Ol BATCH SIO HENHCRIN COUNTY fRORERTY INFORHATION SYSTEH PROPERTY OWNERS LIST PROP ADOR OWNER NANE TAXPAYER NANE/ADDR PROP ADDR OWNER NANE TAXPAYER NANE/ADDR PROP ADDR OWNER NANE TAXPAYER NANE/ADDR PROP ADDR OWNER NANE TAXPAYER NANE/ADDR PROP ADDR OWNER NANE TAXPAYER NANE/ADDR PROP ADDR OWNER NANE TAXPAYER NANE/ADDR Sa B7-117-25 11 RMS M14i FOREST LAKE DR L L GOLDEN B T 0 GOLDEN LVIIN X t TINOINV D GOLDEN Also FOREST LAKE DR NOUND NN 55344 3B 17-117-25 11 ii07 04155 FOREST LAKE DR FREDERICK J YOUNG FREDERICK J YOUNG 4155 FOREST LAKE DR ORONO NN 55344 30 07-117-23 11 0014 00460 NORTH ARN DR DIR DICKNELL * BRUCE A B RHONDA J DICKNELL 400 NORTH ARN DR NOUND NN 55344 3S 07-117-23 11 0014 04070 DAHL RD T E DAHLQUIST/N A DAHLOUIST THONAS E B NARY A DAHLQUIST 4070 DAHL RO NOUND NN 55344 36 07-117-23 11 0022 04050 DAHL RD J H GILBERT B N N GILBERT JANES H B NARY N GILBERT 4030 DAHL RD NOUND NN 55344 36 07-117-23 14 0016 01055 NORTH ARN DR ANDREA DAHL ANDREA DAHL 1055 NORTH ARN OR NOUND NN 55344 REPORT NO. P1435401 PACE 47 36 07-117-23 II 0004 00470 FOREST ARNS LA C J LANGE/R A LANCE TRUSTEES C JANES B RUTH A LANGE 470 FOREST ARNS LA NOUND HN 55344 36 07-117-23 11 0004 04175 FOREST LAKE DR TBS THEISEN THONAS J THEISEN 4175 FOREST LK DR NOUND HN 55344 .nil I 0 200) 36 07-117-23 11 0014 00440 NORTH ARN DR G B J SPINNER G JANES B JUDITH SPINNER 440 N ARN DRIVE HOUND NN 55344 36 07-117-23 11 0015 00450 NORTH ARN DR J T OLSON B C L OLSON JOHN T OLSON 450 NORTH ARN DR NOUND HN 55344 01 n ui- ohono 36 07-117-23 11 0017 00444 NORTH ARN DR J N HEIDORN B J L HEIDORN JON N B JANENE L HEIDORN 444 NORTH ARN DR HOUND HN 55344 001636 07-117-23 11 04060 DAHL RD N S SODHI B L L SODHI NANDEEP S B LEISA L SODHI 4000 DAHL ROAD HOUND HN 55344 36 07-117-23 11 04040 DAHL RD J B J NEVE JR JANES P NEVE JR 4040 DAHL RD NOUND m 55344 0020 002136 07-117-23 11 04040 DAHL RD JOHN L LEPPLA B WIFE JOHN L LEPPLA 4040 DAHL RD NOUND NN 55344 CD ( I 36 07-117-23 14 0002 04025 DAHL RD LARRY D NCLAIN LARRY D NCLAIN 4025 DAHL RD HOUND NN 55344 36 07-117-23 14 04035 DAHL RD WILLIAN J ROSETH NARIE E HALL 4035 DAHL RD HOUND NN 55344 0003 W 36 07-117-23 14 0019 01045 NORTH ARN DR SALLY A RHYLICIC SALLY A RHYLICK 1045 NORTH ARN DR HOUND HN 55344 36 07-117-23 14 0020 01015 NORTH ARN DR R 0 L CONRAD RONALD C CONRAD 1015 NORTH ARN OR HOUND HN 55344 O' TO: FROM: DATE: Chair Hawn and Orono Planning Commission Members Ron Moorse, City Administrator Wendy Bottenberg, Zoning Administrator/Planner August 10, 2001 SUBJECT;#01-2698 Kim and John Puckett 4100 Watertown Road Conditional Use Permit'Variance -• Public Hearing Zoning District: Lot Area: RR-IA One Family Rural Residential District (5 acres) 13.1 acres (Lots 4, 5 and 50’ pasture easement) List of Exhibits: A B C D E F G H Application Applicants tetter and Map Site plan Septic Revie\v-On-Site Systems Manager Letter Res. #4641, Adopted April 2001 Location Map Section 10.03, Subd. 18 (A, B & C) Section 10.20, Subd. 3 (M, N, O, P) Application Summary: The applicants are applying for a conditional use permit to permit public use of the bam and riding arena on the property. Variances are needed to permit the bam to be located within 150' of the property line and to pemtit a nonowner to provide instruction to the ow ner of horses boarded at the site. The applicants own Lots 4,5 and the pasture easement on Lot 6. The total acreage is appro.ximately 13 acres. Both boarding and training will be managed by Suzy Kokesh. She will also be offering lessons to people who own and board their horses on the property. Pertinent Code Sections: I .Section 10.03, Subd. 18(B): Bam Location: The establishment of any new building for the housing of animals or fowl shall be located 150 feet from the nearest lot line; and Section 10.20. Subd 3(0): To allow use for commercial purposes of existing bam located 100 feet from the lot line. (Including the pasture easement it is located 150' from the lot line). 2. Section 10.20, Subd. 3(0): Stables and Bams - Public: The use of accessory buildings or land for the storage or rearing of animals not owmed by the property owner or resident. Such must meet the requirements of Section 10.03, Subd. 18. Further, no such structure shall be located less than 150' from the nearest lot line. To permit horses on the property that are not owned by the property owner resident; and to allow the use in an existing bam located 100’ from the nearest lot line. ttOI-2693 Kim d John Puckett 4100 tt'atertown Road Variance'CUP - Public Hearing Page I 3. Section 10.20, Subd. 3(P): Riding Academy: Any such instruction maintained as an accessory use and conducted by the owTier shall meet the requirements of Section M, N and O of this subdivision and no such instruction shall occur less than 100' from an adjacent residence or less than 75' from the nearest lot line. To allow a non-owner to provide instruction to the owner of horses boarded at the site. History of Property: The Kokesh Farm and horse operation had been in existence prior to 1975. The property contained a total of .>5 acres. In 1985 Frank Kokesh was granted a conditional use permit to allow 25 horses to be maintained on the property, rental of horses and instruction in the riding of horses. In 2001 the property was sold and subdivided into six lots. The applicants have purchased Lot 4, Lot 5 and the pasture easement on Lot 6. The applicants own these lots but have not legally combined them and there currently are not plans to do so. Lot 4 is vacant. Lot 5 contains a residence plus an existing bam and an indoor riding arena. The preliminary plat approval resolution adopted April, 2001 allowed the bam and riding arena to remain on the property. (Lot 5). It stated the following: Maintaining, but not expanding, the bam and riding arena would contribute to the rural character of the propert>', the use of the buildings or land for the storage or rearing of animals, riot owned by the property owner or resident requires a conditional use permit, and no such stmcture shall be located less than 150 feet from the nearest lot line. (Exhibit E). Number of Horses Allowed: Lots 4 and 5 and the pasture easement are owned by the applicants but are not legally combined. As shown below in Option 1 and 2, determining the number of horses allowed on the property can be calculated two different ways. Option 3 is the number of horses the owner requests to be allowed on the property: Option 1 (Lots 4 and 5 legally combined): Total lot areas: Lot 4 5.0 acres Lot 5 7.3 acres Total 12.3 acres Less wetlands - 1.0acres 11.3 acres Plus pasture easement + 0.8 acres 12.1 acres Less 1 ac for house per 10.20 Subd. 3M - 1.0 acre^ 11.1 acres Potential Pasture Areas Wl'2698 Kim John Puckett 4100 Watertown Road Variance/CUP - Public Hearing Page 2 ^nrtmir IT r Un KAfIfi -----------------------J At 2 acres pasture for 1st horse and 1 acre for each additional horse, total number of horses allowable would be 10 hones assuming all 11 acres are available for pasture. But, the areas defined on sketch by applicant for use as pasture total about 6 acres by staff scaling off applicants drawing (Exhibit B), which yields only 5 hones allowed to be pastured by code. (These existing defined pasture areas*will they be changed, enlarged or additional areas created since the land has been divided and adjacent road construction occurring?) Option 2 (Lots 4 & 5 not legally combined): If lots 4 and S are not legally combined, then each stands as a separate record lot and separate tax parcel, which could be sold off at any time for construction of a residence. It follows that each lot individually must then absolutely retain capabilit>‘ to function as a buildable lot, which means preservation of septic sites, etc. Lot 5 is developed and has one site available to replace its non- conforming system in the future (see Bolterman memo). Lot 4 has two tested septic sites that should be maintained in order for Lot 4 to be a viable future buildable lot. Therefore: Lot 4 = 5.0 acres. Allowing just 1 acre for the house and septic sites leaves 4 acres of potential pasture (which on Lot 4 pretty much matches the defined pastures), or enough for 3 horses. Lot 5 “ 7,3 acres - 1.0 acre wetland = 6.3. acres. Allowing 1 acre for the house and 1 acre for the bams leaves 4.3 acres of potential pasture, or enough for 3 horses, although only about 2 acres of pasture is defined on Lot 5 including the easement on Lot 6, which allow s for only 1 horse. If Lots 4 and 3 are not combined, then by code staff would say the total horses allowable for the site is 4 horses. Option 3 (Per Section 10.20, Subd. 3(M), Council may specify the allowed number of horses based on horses being fed grain and hay and not relying on pasture areas for feed): The applicant requests 12 horses and 3 ponies for a total of 15 horses to be allowed. Council has the option of establishing that 15 horses could be housed on the site subject to reasonable conditions to protect the public, such as acceptable manure management, rotation of pasture areas to avoid bare ground, etc.). Septic Sites: Matt Bolterman. On-Site Systems Manager, has reviewed the proposal regarding septic sites. His findings and concerns are noted in memo dated August 10,2001 . (Exhibit D). • • not -2698 Kim A John Puckttt 4100 fVaierunt n Road Varianct/'CUP — Public Hearing Pages Isfucs for Conaidgrariftn? 1. Applicants* principal residence is located on Lot 5 along with the bam and pole shed. 2. The property has been used as proposed in this review for over 15 years. 3. The septic system on Lot 5 is non*compliant and must be replaced by December 31,2010. One of the alternate sites near Watertown Road has been disturbed and no longer will be able to be used as a septic site. 4. Lot 4 will have three and part of a fourth pasture area. The septic sites on Lot 4 need to be protected. Would moving of fences be adequate or the elimination of a pasture area be recommended? 5. It the manure will be removed from the property on a regular basis is the location of where it will be stored a concern? 6. Should the conditional use permit be reviewed annually? 7. Other. Options for Action: 1. Recommend approval of variance/CUP as requested with direction in number of horses allowed. 2. Table for plan revisions or further information. 3. Other. MI-269S Kim dt John Puckett 4100 IVatertown Road Variance/CUP - Public Hearing Page 4 •• >. ‘J Application » 3iU9)^ Date Recehed 7 Amount Paid '/S. or> CITY OF ORONO - GENERAL LAND USE APPLICATION PROPERTY LOCATION Site Address MlOO iZodL^l . fHlJ ♦ SSSSR Type of Application to be Filed co»vd^ V)Vc fe*»tvvC ♦-_____________ • Property Identification Number (P.l.D.) bl- I~oon9! APPLICANT Name J^Itvy/^/o HU PjcJtt^ Address MlOO UfaoUv4ov>V\ fUj. Phone (home') ^SZ * ~ ^P ______ Phone (work) Crl2^ - /UW~7 City rAr>flUflfl^.rvuo»zip ^S3S*i OWNER (if different than applicant) Name Address Phone (home) Phone (work) City Zip, Datf_Propert>' Acquired I^2^do not) also own the adjacent parcels of land. (month/year) I FEES - CONDITIONAL USE PER.\nTS - S 75.00 For each variance request with CUP application 51 75.00 Residential Accessor>* Use 5250.00 Institutional (church, school, etc.) 5225.00 Guest House/Guest Apartments 5200.00 Duple.x Credit/Bldg 5325.00 Commercial/Industrial Use 5250.00 Land Alteration ____ Grading and filling - designated wetland or floodplain ____ Grading and filling - 501 cu. yd. or more Grading, seawall, retaining walls within 75' of lakeshore PRD/PID - see Fee Schedule SI50.00 Renewal Fee (no change from original application) Afrer-the-Fact Fee - Double Current Application Fee OTHER APPLICATIONS _____S275.00 Commercial Site Plan Review (+ consultant fees) _____S300.00 Vacation _____S200.00 Easement Vacation _____S 100.00 Easement Vacation With Subdivision _____S350.00 Rezoning (PUD • refer to fee schedule) _____S375.00 Comprehensive Plan Amendment _____S 100.00 Appeals _____Other - see Fee Schedule L Application For Conditional Use Permit Applicant / Property Owner : Kim & John Puckett Property Location : 4100 Watertown Road, Maple Plain 55359 We purchased 13 acres of land at 4100 Watertown Road in June. The property is shown on the attached survey as Lots 4,5 and .80 acre pasture easement on Lot 6. As avid horse people, we are interested in maintaining the buildings and grounds as a first-class horse property. Bam Management : Suzy Kokesh will be responsible for both boarding and training the horses and maintaining the buildings and grounds. Suzy grew up at 4100 Watertown Road and has a great deal of pride in the property. She knows the property inside and out and is intensely interested in restoring the facility to pristine condition. I have been riding and boarding my horse with Suzy Kokesh for six years. She is extremely knowledgeable about horses and maintains an immaculate facility. A Partnership: We will keep 2-3 horses of our own in the bam so we will be actively involved in the horse operation. The bam is literally in our front yard so it is important to us that the horse facilities are kept properly with a minimum of activity. Business Operation: Suzy is downscaling her business to meet her growing demands of work and family. She is keeping a few long term clients and will not be offering lessons to the public. Lessons will be offered to those who owti and board horses at our bam. Pastxuing : The property has 7 pasture areas (existing). The horses are stabled and fe^d grain and hay so they are not dependant on the pasture for feed. The horses are turned out every’ day for 5-7 hours. A map of the pasture areas is attached. Manure : Manure will be removed from the property on a regular basis. We will not be “spreading” manure in the pasture areas unless it is needed for fertilizing purposes. #2698 b Ii. '.-u. 1 .'V I n V V ' ^ f.'j/:' l|- it P2‘->b -ftnc0 it-. ' L oi hn0i ^fid <;am#r of th9 S l•'^♦ ""’t />' ''\N. \/* ^ »*<■ Sf »/« i''i" /■ ,sf,»/■*f>f»Af'/* I '-i'., y • ;/l ' \ ' ’ ■iTfv' . /i ■ 7«ice ‘I t \ \ ' N of (».«/; I ' ' /m-4»'ta'w 50 ocr«* of 1/4 of Sacof thm NJ, ^4c2?yo^ Obar Oif/o* v ^ jm 4 Mt Shad m V •^4 M 1/ 9B<>r ^lO ^ ' 'v \ ^ V f<rO^«4>)VAA^ TTp .jilLL I 2 OF 2 SHEE, TO:Wendy Bottenberg FROM:Matt Bolterman, On-Site Systems Manager DATE:August 10, 2001 SUBJECT: Septic Review for Lot 4 and 5 Kokesh Farm - Puckett CLT* The proposed application shows lot four will be used as fenced in horse pastures for lot five Since lot four and five are not going to be combined the septic sites on lot four must be protected tor future residential use. The primary and secondary septic sites for lot four are located in pasture = 6 These septic sites shall be protected to ensure lot four has adequate septic locations in the future Compaction of soil can occur from repeated use activities such as horse training and ruin a septic site. I recommend the following for lot four: 1) limiting pasture # 6 to just pasturing of horses and not used as a training area. 2) Require the alternate site to be entirely inside or outside of the fenced pasture This will limit soil disturbance when the fence is put in or fixed. This can be done by relocating the alternate septic site outside the fenced area, or the fence can be enlarged to enclose the entire septic site Lot 5 has a non-compliant septic system that must be replaced by 12-31-2010. This lot has two replacement sites but one near Watertown Road has been disturbed and will no longer be viable to use as a septic site. 1 recommend the following for lot five: 1) Pasture # 3 must be protected as a septic site only. This is currently the only site left for a replacement septic site for lot five. Pasture # 3 shall only be used if another septic site is located on lot five. m • I rt»Ltt &Mt:D v^<r?oh'‘C‘^ v^on?<vv o<^ 4 TOuC. %v»t>^ *J*SS -t»o er«'Z'«M -vD ^UftN-owooM • cv»6i^, v«r« ^I.'VIVWC- %1-tti- — 0».>V.M Wt- -to ~7 K tUTS^Crt, t'VcTH nOVvi tv«aw\5!>e^ 4 D ■'■‘'j-oi. ^TM»aSicv4 3 ud h***' V k ./I STA'ivji \ \ \ v.r. ... -..1.N .. O'VTTo/S. \ I A -<bv ux *0 .3*^^ 17.^ 0 4^------,S •W»ic GPtorco> XSoil 8 9Benc^ Note: T> the Chi Chec O C osiMac CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 fi /f. A RESOLUTION APPROVING PRELIMINARY PLAT FOR PROPERTIES LOCATED AT 4100 WATERTOWTs* ROAD AND 505 ORCHARD PARK ROAD FILE NO. 01-2663 WHEREAS, Craig Alshouse, on behalf of CPV Development Company, LLC., (hereinafter the "subdivider") has an interest in the properties located at 4100 WatertowTi Road and 505 Orchard Park Road, and has filed an application with the City of Orono (hereinafter "the City") rejuestin.g a. si.\ lot plat for proper.y legally described as: Attached hereto as ‘'E.xhibit A' (hereinafter "the property"); and WHERE.AS, after due published and mailed notice in accordance with Minnesota Statutes 462.35S et. seq. and the City of Orono's Zoning and Subdivision Codes, the Orono Planning Commission held a p.iblic hearing on March 19, 2001 at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHERE.AS, at their regular meeting held on April 9, 2001 the Orono City Council considered the subdivision application of the subdivider noting the following findings ot tact: FINDLNGS The property is located within the RR-IA Single Family Rural Residential Zoning District requiring a minimum of five acres dry buildable land within each newly created lot, and a minimum of two acres contiguous for the individual building sites and drainfield sites. The property contains a total of 37.06 acres of land. Page 1 of 12 •; -- \o\ CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO.____4 6 4 i 4. 3. 6. 7. 8. 9. The proposed plat consists c: si.x residential lots each meeting the minimum lot size requirement as establishei for the RR-IA (5 acre) zoning district. Lots 1, 3, 4, 5 and 6 each meets or exceeds the 300' minimum lot width requirement for properties ir. *he RR-IA zoning district. Lot 2 has a lot width of ar;:oxima:ely 220' requiring a variance to the 300' required width at the strucrcre setback. The City of Orono has approved variances for lots that front cz a cu! de sac at the time of subdi\ ision when the lot can demonstrate a suitable building site and have dimensions similar to other surrounding lots. The property is located L". Comprehensive Plan and the district is to provide a comb: limited agricultural activit>. developed as low density res: the RR-IA (5 acre zoning district). The Zoning Code intent for propenies in the zoning nation of low densit>- residential development and The lot is surrounded by properties that are iential developments and small horse farms. There are two residences on i-.e property. One is the existing primary residence and a second residence is located at 505 Orchard Park Road. The Orchard Park lot was purchased and combined in 1996 by the current owners. The primary residence, shown on proposed Lot 5 is located approximately 50" from the front property line. A variance shill be approved with the final plat that would allow the building to remain on the proper.y. The house located on proposed Lot 6 IS located over the front proreny line. A variance shall be approved that would iillow the structure to reni2:r. on the property. Seveml variances and cor.cl'.lonal use permits have been granted to permit additions to the residence or. proposed Lot 5. Said variances shall be released from the entire property to n:-; appear on titles of anv newiv created lots In December of 1985 the Cit>- Council adopted Resolution No. 1894 for \arixnces and a Conditional Use Permit to allow the keeping of domestic ammals for commercial purposes and to allow the continued use of the property for a public riding stable based on conditions that the total employees hired by the applicants to assist in the commercial horse operation shall not e.xceed five Pare 2 of 12 ./CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. ______4 ^ 1 10. 11 A * • 12. 13. 14. full and part time employees, except for special events to be approved by the Council. The riding lessons are to be provided by members of the propen>- owner ’s family. One additional important condition was the City shall review the Conditional Use Permit annually, however annual reviews had not been necessary. The approvals granted by the CUP shall be released from the title as the use does not carry to the new properaes. The keeping of domestic animals for non-commercial purposes is a permined use including horses for the use of the occupants of the premises. A minimum of one acre in aggregate, exclusive of one acre for the principal building, must be available for each animal unit, except as hereinafter set forth. A minimum of two acres of open pasture must be available for a single horse and one additional acre must be available for each additional horse. When the horses are kept stabled and do not require pasture for feed purposes, the minimum pasture requirement may be adjusted at the discretion of the Council. Such minimum pasture acreage shall not include low lying lands unusable fo.- pasture or grazing. .•\ny person keeping such animals must comply with the provisions of the City Code. The use of an accessory building for keeping animals for non-commercial purposes is a permitted use provided it is for the non-comntercial use of the property owner or resident and meets the available area standards outlined in the paragraph above (Section 10.20, Subdivision 3 (M). Further, no such structure shall be located less than 150 feet from the nearest adjacent residence and no closer than 75 feet from the nearest lot line. The use of accessory buildings or land for the storage or rearing of animals no: owned by the property owner or resident requires a conditional use permit. Further, no such structure shall be located less than 150 feet from the nearest lo: line. To permit the bam and riding arena to remain on the property variances shall be approved that would allow the non-conforming structures on a 7.3 acre lot. The riding arena and bam were originally built before standards were established regarding the size and number of oversized accessory building allowed on an Page 3 of 12 _ ..tvlr- ... CITY of ORONO RESOLUTION OF THE CITY COUNCIL » 4 6 ANO. 15. IS. A.To permit two oversized accessory buildings on one lot where one is allowed. B.To permit two oversized accessory buildings larger than the 3,000 s.f. ma-ximum allowed for oversized accessor>* structures. C.aUowe™'^ s.f. for all accessorv- buildings where 6,000 s.f. is ‘h* City in 1974 and appaa: on Section fo H '“'’j*'' “ "■' i" nrotecL « ,k " e “ The protected wetla,ndi are "Con.l,?-,, subdivision b> the developer by granting of a ion and Flo wage Easement” and further are identified as "Drainaae Elements on the official plat mylars. Section 10.55, Subdivision 15 defines the ''Tuirements shall be ir.tetpreted to not allow protected areas ^ "etland areas within the reculatoiv boundary are not credited toward dry buildable area for zoning putpos.>^S. A eoement is proposed along the properu' lines between Lots 3, 4 and ftvv-n.. U ^ provide for a future path to allow property baiJ^TnH i!" '0 access Lot 5. There is a future pote^a? the trail would nlln ** owners of Lots 1-4 and Lot 6. Thetrail would allow access for those property owners to Lot 5. A 50 pasture easement, in favor of Lot 5 is proposed over the south 50' of Lot Page 4 of 12 % r riir^.*a CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. ________4^ ■:! \ 19.The proposed private road to be constructed in Outlot A is 950' in length. This length is allowed for roads ending in a cul-de-sac. The planed Outlot A cul-de- sac (100’) and road (50’) meet established standards for width in the Subdivision Ordinance. 20.Private residential streets serving four units are required minimum paved width of 24' and the cul-de-sa: is to be paved with a 40' radius. Construction standards are established in the Subdivision Ordinance in Section 11.33. Subdivision 4. 21 Lots 1-4 require access to the new private road to be constructed in Outlot A. Lot 5 has had a direct access to Watertown Road. Lot 6 has access to Orchard Park Road. A Homeowner's Association will be responsible for maintenance of the private road, horse trail, and stormwater management facilities and pond. The City Engineer has reviewed the stormwater management plan and has conceptually approved the plan and location of stormwater facilities. 23 The City On-Site Systems Manager has approved the septic design and has determined each lot demonstrates a primary and alternate site in a location to meet all required setbacks. NOW, THEREFORE, BE IT RESOLVED, that based upon one or more of tlte findings noted above, the City Council of the City of Orono hereby approves the preliminary plat application and conditional use permit for CPV Development Company, LLC. be approved per preliminary plat drawings by Martin P. Campion, a registered engineer of Otto Associates Engineers and Land Surveyors. Inc., revised date 3.'28/0l. anached as E.\hibit B, subject to the following conditions: 1. The final plat drawing shall indicate the property lines as depicted on the preliminary plat drawing noted above. 2. Setbacks shall be shown on a revised site plan to be submitted with the final plat. - •* Page 5 of 12 mOi CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. ______4 6 4 1 (Private Road) The private road, to be constructed within Outlet A. shall be developed to Cit\- requirements (Section 11.33, Subd. 4) for private roads serving 4 units. Code requires a oO* platted right-of-way, and the minimum paved width of the street radi^ of 4^^' cul-de-sac shall be platted 50' in radius with a minimum paved 4.The private road will be constructed with rural sections, subject to review and approval by the City Engineer. 5.Private road construction shall be subject to a Developers Agreement to be e.xecuted between the Ciw and the developer. Private road construction can begin as soon as the engineering plans for the road as well as stormwater management plans have been approved by the City, the Developers Aareement has been executed, and the final plat has been recorded with Hermepin'’County. 6.The private road shall be privately owned and maintained per the appropriate access easement/maintenance documents to be executed by the developer. The eveloper shall create a homeowners association for such ownership and maintenance. ^ 7.Ko building permits will be issued until the private road base work and all stormwater management impro\ements have been completed bv the developer and approved by the City. ' ^ S. fbr'^OuUot°A ^ ^ underlying Road and Utilities Easement (Landscaping) of S«> "on i uo!’sSwf (Stormwater Management Plan/Wetlands) stormwater management improvements generally as sno -n on the Preliminary Grading, Drainage and Erosion Control Plan dated Page 6 of 12 !: [ I I ^ t •/ CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 8 ‘i ) 2/16/01 subject to any revisions of said plan as may be required by the Engineer. A final Grading, Drainage & Erosion Control Plan must be ap-r by the Cit>’ Engineer prior to final plat approval. Subdivider shall grant dra; and utilitv ’ easements over the stormwater pond located on Lot 1. Cit>- o'.-ed .-.aae 11 . Subdivider is hereby advised that the City will not grant final plat approval the MCWD has approved all grading and drainage improvements o" propertv’. -r.til the 12. Subdivider shall grant Flowage and Conservation Easements over Cit>’ protected wetlands and show the wetlands as a ‘drainage easement’ on the plat. 13.Standard Drainage and Utility Easements shall be dedicated on the final rla: 5’ along interior property lines and 10' along exterior property lines a.nd Outlet .A.. (Bams and Riding Arena) 14, 15. Variances shall be approved to permit the bam and riding arena on the p:cre.t>'. Subdi\ider and property owner shall enter into a restrictive covenant that li.r.its the use of the bam and riding arena to uses accessor}' to livestock. Th covenant shall restrict any use related to the keeping of livestock to commercial/private, per the requirements of the Municipal Code, and not permit any e.xpansion to the use or structure of the buildings. Com.mercial use, including boarding of horses not owned by the occupants c: the property and/or commercial use of the riding arena shall £21 be permined without conditional use permit approval by the City Council. 17.The remaining accessory buildings located on Lots 1-4 and Outlot A shall be removed prior to the issuance of buildi.ng permits as accessory buildings are not permitted on lots without a principal structure. (Park Dedication) 18. Pa>ment of standard Park Dedication Fee or dedicate land per Cit>- ordinance. Page 7 of 12 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. ________A a A •: •f—*r 19. Subdivider is hereby advised that preliminary’ subdivision approval will expire Council preliminary plat approval. Should the subdiyider fail to complete the filing of the final plat application within the vear eadline, it shall be necessary for the subdivider to file a new preliminaiy subdivision application with the City. Final Plat Submittals: The following list of final subminals must be submined to the Zoning Administrator two r/nLsr Lt "ubSist: “f' ^ 1.Record plat drawings in the form of two (2) mylar copies (one copv for the a.Lot lines platted per preliminary survey by Martin P. Campion of Otto Associates Engineers and Land Sur\’eyors, Inc. dated March 28, 2001. b.Dedication of drainage and utility easements iO’ wide along the e.xterior boundaries of property and 5' along the internal lot lines. c.Designation and dedication of drainage and utility’ easements over detention ponds a.nd drainageways as shown on preliminary grading, drainage and erosion control plan. Designation and dedication of drainage easements over all City protected \\etlands as shown on the preliminary’ plat drawing. e. f. Designation of Outlot A to serve as a private roadwav. The naming of plat. Legal documents required: a.Title opinion addressed to the City. All owners, mongage holders or others with property’ interest indicated therein shall sign the plat and all other documents affected by such interest. Page 8 of 12 CITYofORONO RESOLUTION OF THE CITY COUNCIL NO.____4 8 4'^ b. The applicant must provide certified copies of all recorded easements currently affecting the propert>\ c. Signed and executed Developer’s Agreement and letter of credit for approv ed site improvements, landscaping and construction of private road (Outlot A), stormwater and drainage facilities, etc. d. Signed and e.xecuted Flowage and Conservation Easement over the wetlands within the development. e. Signed and e.xecuted Road and Utilities Easement over Outlot A. f Signed and executed "Declaration of Private Road Easement and Declaration of Maintenance for Same". g. Signed and executed easement in favor of Lots 1-6 for use cf the riding trail. J. h. Signed and executed easement agreement for 50* pasture area within Lot 6 for use by Lot 5. i. Signed and e.xecuted restrictive covenant document limiting the use of the bam and riding arena on Lot 5. j. Completed "Application for Private Road Name". Fees to be paid: Total due: S425.00* a. Final plat fee = S225.00 b. Legal review and filina fees for subdivision and associated documents = S200.00 c.Park Dedication Fee shall be determined by the City Assessor based on the fair market value of the undeveloped land at the t'me of preliminary plat approval. The subdivider shall be advised as soon as Assessor's report has been filed with City. Park dedication fee shall be based on 8% of the fair market value of land within the plat. Page 9 of 12 ♦ ' • CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO.___ 4R4 1 mteling held twfC day of^riUM ATTEST: Linu‘i 3". Vet, City Ci^rk Ai-k.v«c- / C.i-i.Barbara A. Paterson, Mayor STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ) 3S. 2001. by BarbIra*A° was acknouiedged befo me on this 9th day of April. Minnesota municipal corooratinn anH ...a of the City of Orono, amuntepa, con^oration and said instrument wal cx.u^T^n^lehalf of the c[" NotaV. Fublic l±yV>\^6-y^ / Page 10 of 12 #rf/ 09tcr ‘pt!oft (.^rort Jertttfw/# A Wcagt Tt'# U^suirne^ P^>t/ Ho. X1772’"LUt)Exhibit A futti u Tft§ SmjVt ^tftot 9f U!§ Ho^i^fgif OLerftr •/ louViocMl o7 tfio HofV*04if A^arfar Utf HotVi 0.erf«r «/ Sev*Ji#cif Cwe^i^ •/ &»• SmtLtoaot C^srfgr mf tfio HorVfo^ot CUfirtar S^et’on Jt, f/C 21. Hsrsii 2: I^ot pz< 9f Vf ¥/ft: 0ff*9k,rVi Qf t‘f 5<wt*»t9«! euvitt of lU Ho^Uctt totVpf^ J^ Tz*'^orj Its, Pzj^$9 23 €i ca/rmmiri ot Lto iiiorstcLoo of f# oorlof^ tho of V^o 0Tf^to*n HocS •t’tl o />• 32.ZQ /##f Wtii o\ r-ttruti ot ffg^i ongfoi to ori ptftStf w-V tffo tsi*. t>9 of jr.’rf Wis! c^9^fo^,rji of t*^# 5owt^*cif OCcrfar •/ tfio Hort^oost C^s^ton Vioroo fisr*,\ fisrc2it J:.tf fsif />«. • of t2i.ZO f$9*^ Vtmoo fotl tf /<;'? o*;'##. • Ci*or:9 of J3.CC f»§*. tj t*§ pz'j%*. of pt^'rn'^i: I’fm^so lf#ji ot ftfht cr.pfi to $ei4 ioot Coo, o 4 4f 7J.CC /!»#*; Jcw*.\ pzrz.:4 atlt oz ‘4 Cril fi»a. fa ca^fa^ ii’# f<^r» ScuCiooiit^/ dz^2 »z>4 liio to iz'4 €:st Ono: Ctoneo NotV* dorj td4 tsit to tro pz/it ^r-T * J: r?io SouVf 7.3C csr$t of Lto Cs$i Cue/^a* of L*to HorVtnst Cjcrior of SocL'tn Jt, Ta»*isft'p VS, Hz.^^9 23 C.U fret pc.-i of fJ# Uti httf of Vto 5ewti 27.3J ocr$i of C^» Hut Hcif of Vto Szs! 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Pauat 5: Hast C^ertf of da af da Sordaaat Ojcrtar #/ t*a hahdaaat Cv. 9r?ar. c-3 dzt pz'’t of da Wtat C-.c/'fir «.* da Jaydert! O.zrtar of da Hordaaat €^.crtan tynp Hard C* da cr^tat Una of da Vrnazpal'i C“4 Wz’tC^n Psci, in SaaL'on Jt, Te^ah'p US, Psnpo m 3 Of a tp » V# Waat Jt5 50 faat of da Jcvtl ICSS.tO faat o* da W::t Hpf of do Se^d 27.50 ocaa of do ntat Hz^f of da Caat Hdf o da Nardazat d.tO^.ar of Satl’on Jt, To^dp ttS, Mango 23 Iji^S «/ do cantar tina of da U/*/* oca at a enf watarta^ca Meed. >f > Hornap’n Cat,n!/, Urn a iota. t*.»^/^’a Hota: ITtr^a i$ 0 gzo > da aa>atng p^apart/ 4aacrptora tor do Hard ^,artan «/ da CzMd.aaat C\,ar*.ar 0* da SzAjdacat OdCHttr of Hordoett CMzrlar v>i da Soad 730 ca.ua c' da Cut C^ertar of da Sardaaat OLsrtar (PsraH J). Wa Pa^ d>a gap (aaa 4ataJ) end m^tlar « Caizrplan for da gap ad w>g;ut cn ct:or~ia/Pa cantactad to raaa^ d a proclarn. Sagjattad Cata.‘pVcn of Cap: r?a: per* of da Szudoet: d,ertar pf da Sardaaat C\,artar of da Hardtzat Tartar §f 5#cts/» J*. To^dp US, Manga 21 Harnap\Ca^t/, annttaia, dat Uat hard o* da .sud Ono of da Solid 7.30 oz.ua daraof end Szad of da Sa^d ino of da Hard Cmzrtar of ae*4 Sca,datot C>,trlar of da Cwtr.**< of da Sudaztt S^zTlat. Paaellom Exhibit 5 Pag? 12 of 12 11«'V, »; •apr»Ma^^OHiapW^f irTritOIllitriiiiiiiMn lirtimiiMirftrftii I ^ Keserve DlNA T • • .. V ‘ J • '. '■■■vv;. • • t i . v' •• • • »• •••-!• r w - CHlPPrWA u WOOOKon ORONO QFORI UR 0 EILEEN ST HIGH SC hrstine or m mA K / IM s ? p coma- f««oa 0 Uis sr ic s® o '.1 13 *Arf iO Wto M i X J W£A« cm g o T«i ** WATERTOWN M BO 0 TMOROU£liJ Stubbs i SOMERSET >: f J f. • .y. : • ! .. * EAST UO ST r ---- BATS I BAT \ "• ■ * . .} line •••••♦ ? WHITE 400 *0 eco %_^^ I. Source: Ordinance 26,2nd Series Adopted: 7-14-86 ORONO CC 257 (4-1-84) 'V ■ m. JlWrtfcn, §10.03 C. Products produced on the farm may be sold at retail. One temporary roadside stand may be established for conducting such business. One temporary business sign not over eight square feet in area may be located in the &ont yard during the period when products are for sale. Off-street parking must be provided fur. Source: Ordinance No. 172 Effective Date: 1-1-75 Subdivision‘19.*'^Lfuid7Uteration;Prohibition. It is unlawful for any person to perform oKhave performed the following land alteration activities without a conditional use permit issued by Ui^Council: *7 Remove, fill, use for fill, dredge, store or excavate rock, sand, gravel, dirt or similar earth material within the limits of the City. Fill or reclaim any land by depositing such material cr by grading of existing land to elevate or alter the existing natural grade. Build, alter, or repair any seawall, retaining wall, or otherwise change ^e grade or shore of lakeshore property*. All of the above-referenced land alterations involving filling and grading shall be performed only with "clean fill" as defined in Section\(h02. Granting of such permits is subject to other regulations and prohibitions of the City Code, and obi^r applicable statutes or ordinances of other governmental bodies. Source: Ordinance 163,2nd Series Adopted: 12-8-97 Subd. 20. Permit. An application for suabjMimit shall be accompanied by a drawing made by a registered surveyor or other comuetent person shov\ing the location of the proposed excavation or storage and shall state the amount of materiarwhich is to be removed, excavated or stored, filled or graded, and such other information as the Couhcll may require from time to time. Applications shall be filed with the City Administrator and shall t^ccompanied by a deposit to be determined by the City, which will be used to offset the cost of processing the application. Aaty unused portion will be refunded to the applicant. Subdivision 21. Land Alteration; E.xception. The requirements^ Subdivision 19 are not intended to govern the following land alteration activities: 1. Normal and customary grading in the area of an existing or a new] constructed building, or the grading of the driveway serving such building ORONO CC 258 ..(4-1-84) -r* MaMW I. ■ ■ b ♦ § 10.20 Stnieture. One independent antenna atnieture with antenna er any let line a diateneg at leajt cquatte the total heig Source: Deleiea>k^dinancc 161,2nd Series EfTective Date: 5-27? L. Farms (Crop and stock). Provided that the area is ten or more acre^ Animals. The keeping of domestic animals for non-commercial purposes including horses for the use of the occupants of the premises. A minimum of one acre in aggregate, e.xclusive of one acre for the principal building, must be available for each animal unit, except as hereinafter set forth. A minimum of two acres of open pasture must be available fcr a single horse and one addiUo^ acre must be available for each addiUonal horse. When the horses are kept stabled and do not require pasture for feed purposes, the minimum pasture requirement may be adjusted at the discretion of the Council. Such minimum pasture acreage shall not include low lying lands unusable for pasture or grazing. Any person keeping such animals must comply with the provisions of the City Code. N. Stables and Bams - Private. The use of an accessory building for keeping animals for non-commercial purposes provided it is for the non-commercia' use of the property owner or resident and meets the available area standards outlined in Paragraph M of this subsection. Further, no such structure shall be located less than 150 feet from the nearest adjacent residence and no closer than 75 feet from the nearest lot line. O. Stables and Bams - Public. The use of accessory buildings or land for the storage or rearing of animals not owned by the property owner or resident. Such must meet the requirements of Section 10.03, Subdivision 18. Further, no such structure shall be located less than 1 50 feet from the nearest lot line. P. Riding Academy. Any such instruction maintained as an accessory use and conducted by the owner shall meet the requirements of Sections M, N and 0 of this subdivision and no such instruction shall occur less than 100 feet from an adjacent residence or less than 75 feet from the nearest lot line. Source: Ordinance 26,2nd Series Adopted: 7-14-86 ORONO CC 280-2 (4-1-84) 4 I i II To: From: Date: Subject: Chair 1 lawn and Planning Commission Members Mike GaflVon, Planning Director August 16, 2001 Zoning Amendment: Hxterior Storage (Boats), Section 10.60, Subd. 13 Public Hearing, 8:00 p.m. List of Exhibits A - Draft Ordinance Amendment B - Artldavit of Publication C - Memo and Hxhibits of Julv 30 A draft amendment of the exterior storage ordinance related to boat sti>rage is attached. The draft language incorporates Planning Commission's comments from the July 31 work session. This draft was in the Council’s August 13 packet as ‘information only' with a request for comments - none received as of this writing. The draft includes text revisions/additions and a summary table. 1 have received no new public comments in reeent weeks. The .August 20 hearing notice was published and posted in the normal manner for code amendment hearings. In addition we sent a news release to the local papers and at least one of them had a notice in the community events section (but listed it incorrectly as Monday August 22). We also requested that the notice he run on Cable Channel 21. I do not have an inkling at this point as to how many people might show up to the hearing. Staff Perspective The building/zoning/planning staff have discussed the draft at length. We have concluded that the draft doesn't make many significant changes from the current code, but it makes screening a higher priority and screening will likely be ver> difficult to accomplish. The existing code allows outside storage of boats over 20' in length as long as they are screened. The draft amendment still requires boats over 20' long to be screened, but establishes standards for screening that w ill be diftlcult to meet. The screening requirement will force residents to become creative, and we can expect to see all sorts of‘contraptions' devised for screening boats. Since fences over 6' high aren't allowed m most places that people will want to store boats, fences aren't a good solution. Vegetative evergreen screening may take some time to grow to a sufficient height, and many lots won't have a site that can be easily screened. Relaxing the screening requirement may help the situation... Enforcing the 10' setback requirement will also be difficult, becau.se we believe there are many situations w here boats have been normally stored nearer the lot line than 10' and meeting the setback at those locations will be impossible. The general expectation that the new ordinance will now be I I Boat Storage Amendment August 16,2001 Page 2 strictly enforced will potentially be a big problem, because many existing boat storage situations that we haven't dealt with due to lack of any complaints, will be out of compliance with the new ordinance. We will likely have a lot of unhappy homeowners no matter what w e do; those upset if we enforce the ordinance, and others upset if we don't. Recommended Action 61 Review the draft amendment, hold the public hearing on it, make any appropriate changes and send it on to Council with your recommendations. A % I Til I ■■iiTiiiiiiiiieitinAd V -■ -iWi: A i /■ Suhd. 13. Exterior Storage in ’’R" Districts. In all "R" Districts, all mobile materials and equipment shall be stored within a building or fully screened so as not to be visible from adjoining properties, except boat.s and unoccupied tra ilers less tha n 20 feet in length, which are not stored for commercial purposes, if stored to the rea r of the house a nd a distanc e of 10 feet or more from a ny property line except that boats, unoccupied boat trailers, and boats on trailers shall he subject »o the follovvine storage requirements when not stored for commercial numoses: A. C. D. E. F. G. All boats stored outside on a residential property shall be licensed to the owner or occupant of the property, and shall be in operable condition. The maximum period a boat mav be stored outside on a property is 9 months per calendar vear, the intent beine to discourage the long-term storage of inoperable boats on residential property. IV, No boat shall be stored on a prt^pertv that does not contain a principle residence structure. Boats and unoccupied boat trailers exceedinu 27 feet in leneth. and boats on trailers which as a combination exceed 30 feet in length, shall not be stored on anv residential property except within a fuliv enclo.sed buildine meetinu all applicable ^onim» and building code standards: except that such boats, boat trailers or combinations mav be stored outside on a property of 2.0 acres in area or lartier when located a minimum of 30' from all property lines, when located to the side or rear of the principal residence structure, and when fuliv screened. Boats and tinoccupied boat trailers 20-37 feet in lenuth. and boats on trailers which as a combination have a length of 23-30 feet, mav he stt>red outside on a residential property tt> the side or rear of the principal residence structure, shall be located no less than 10 feet from anv lot line, and shall be fuliv screened. Bt>ats and unoccupied boat trailers less than 20 feet in lemith. and boats on trailers which as a combination are less than 23 feet in lenuth. mav be stored outside on a residential property to the side or rear of the principal residence structure, shall be located no less than 10 feet from anv lot line, and need not be .screened. Such boats mav also he stored w ithin the driveway in the street yard of the principal residence structure durimi the months of June through August as long as a setback of 10 feet from all lot lines is maintained. However, if the boat, trailer or combination extends hieher than 6 feet above tirade, the entire boat. trailer t^r combination shall be fuliv screened. Boats of anv lenuth or heieht shall not be stored within a required lakeshore vard. and shall not be stirred so as to block lake views enioved hv adjacent neighbors. "riilK screened" as used \\ith regards to boat, trailer and boal'trailer combination shall mean screened bv dense vei’etation or privacy fencinii of leeal heiuht and location, sufficient that no portion of the boat, trailer or combination shall be visibie from adjacent properties durine all seasons. C’anvas. tarps. shrink wrap or other boat coverintis shall not be considered as adequate .screenini*. i Exterior Boat Storage Regulations (Draft for discussion) Boat or trailer length; OR <20*20-27'>27' Boat/trailer combination length <23’23-30'>30' Minimum lot si/c No minimum No minimum 2.0 Acres Allowable storage locations In Front of House (Lakeshore yard of lake lot) Not allowed except as follows: allowed in driveway of non-lake lot June-August; must be setback 10* from side and street lot lines Not allowed Not allowed Rear Yard (Street yard of lake lot)Allowed Allowed Allowed Side Yard Allowed Allowed Allowed Side Street Yard Not allowed Not allowed Not allowed Setback from lot line 10 ‘I0‘30’ Screening Required ?No - but any boat over 6' high must be fully screened Yes Yes 1*^ CITY Of ORONO 27SO Parkway. P.O. Rai M Cryalal Ray. MN tSSn Phona (fS2)24f^00 fii <tS2)24»-4«1t NOTICE Tha Planning Committion will hold i public haaHng in lha Council Chambari at 2760 KtHay Parkway on Monday. Auguat 20. 2001. at 6:00 p m. on tha manor ol propoaad ravifiont to Orono Zoning Coda S^on 10 60. Subd 13. ralaong to tha iioraga of, boats on rasidanbal proparty. All parsons wishing to ba haard wtH appaw at this bma. Wntttn commana ara solidttd A copy of tha proposad raviPona will ba availibta in tha City oflloas for raviaw 10 days prior to iha haahng City of Orono By: Planning Comrrussion Michaal P. Gaffron. Planning Oiracior (Publishad In Tha Lakar and Plonaar Aug 4 and 11.2001) •• ... 1 .5 2Cu! C'.TY Or OoC.'.'C Affidavit of Publication ^ 1 State of Minnesota, County of Hennepin. Bill Holm, being duly sworn on oath, says that he is an authorized agent and employee of the publisher of the newspaper known as THE LAKER, Mound. Minnesota, and has full knowledge of the facts which are stated below: A.) The newspaper has complied with all the requirements constituting qualifications as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. B.) The printed Proposed Revisions Tn ■Zoning r.nde-3e&t ---10.-60-Subd. 13 which is attached was cut from the columns of said newspaper, and was printed and published once each week for 2____successive weeks. 't was first published Saturday the 4thday of Angngh 2001, and was thereafter printed and published every Saturday, to and including Saturday, the 11 day of August 2001; Authorized Agent Suscribed and sworn to me on this H_day of August________. 2001. Bv: Notar^^^yjL "loLM I •rwisOTA M KRISTI HOLM NOTARY PUSUC ----------- •) Rate InformaMon (1) Lowast classifiad rata paid by commarcial usars for cofflparabla spaca: $15.00 par inch. (2) Maximum rata aNowad by law (or abova mattar: $15.00. (3) Rata actually chargad for abova mattar: $7.73 par inch. Each additional succassiva waak: $5.62. f ....-w.,-------1 C To: From: Date: Subject: Chair Hawn and Planning Commission Members Mike Gaffron, Planning Director July 30,2001 Boat Storage Discussion Topics for July 31 Work Session Your discussion of exterior boat storage on residential properties should address the following topics: 1. 2. 3. 4. 5. 6. 7. 8. 9. Length of boats allowed to be stored Height of boats allowed to be stored Location of exterior boat storage on various typea of properties Screening requirements and/or boat cover requirements Seasonal or temporary boat storage VS long-term boat storage Storage of boats in "operable condition" VS storage of boats being renovated; licensing? To what extent do we expect a neighborhood to police itself? Pro-active enforcement VS enforcement upon complaint Boat storage safety Attachments A - & - c. - D - e - F- ^ * July 10 Staff Memo to PC July 5 Staff Memo to Council with Exhibits Draft Council minutes, July 9 Public Hearing S .mmary of Public Comments Received as of July 30,2001 Commercial Boat Storage Options Info Interpretation of Storage Ordinance Language Shrink-Wrap Info The goal of this *.« ork session is for Planning Commission to provide direction to staff so that a proposed ordinance amendment can be drafted for the public hearing to be held a* your August 20 meeting. i To: From: Date: Subject: Chair Hawn and Planning Commissioners Mike GalTron, Planning ^ July 10, 2001 Pending "Boat Storage" Ordinance Review - Options: Preliminary' Discussion on July 16 or Set A Work Session Date Z.0 The City Council on July 9 held a public hearing to obtain public input on whether the existing ordinances regarding boat storage on rcsidentia' Toperty needed to be changed. Approximately 25- 30 residents were in ai'vndance. and excellent comments were received. I'he result is that Council has unanimously referred this matter to the Planning Commission with the following general direction; Consider increasing length of boats allowed to be stored w ithout screening Consider expanding and clarifying where boats can be stored on various types of lots Consider what t>pes of screening are necessaiy and under what circumstances or conditions, as well as what type'color of boat coverings are appropriate If Planning Commission feels boat storage regulations should be more restrictive rather than less restrictive, or if you feel there shouldn't be any limits on boat storage. Cou. icil is open-minded in terms of your recommendations; i.e. they didn't want to tie your hond.s by providing the general direction above. Procedurally. we can have some preliminan.’ discussions at tiie July 16 meeting, or we can ha\e a work session in late Jul\ or early August to discuss ooat storage issues, so that staff can d. afi an ordinance amendment for coiisideration at a public b*.*aring at your August meeting, and tlrial Council action in late August or early September. While Council acknowledged that their July 9 hearing may seem to have pre-empted Planning Commission's review process, staff and C'»)ancil wanted a sense of the public's position on this topic before sending Planning Commission on a w ild goose chase. It was clear from the public comments that, while there are a w ide range of opinions on boat lUorage. this is a lake community and people bought property here expecting to be able to store a boat on their property, to avoid high off-site storage costs, to be able to work on their boats at home, and to be good neighbors. Many acknow ledged they are out of compliance now . and would prefer to be in compliance w ali iin ordinance tb..t they can live w ith. They generally don't want to have ordinances that aren't enforced or that aren't enforceable, but also don't want the City to create ordinances that will require added staffing. Many are satisfied with the current 'enforce only upon complaint' policy, although this generated discussion regarding neighbors "ratting" on each other for storage violations versus working it out in a neighborly v\ay Avidunit bringing fb City into it. Tm attaching a copy of the Council staff memo and the draf t Council minutes from July 9. Please be prepared with some thoughts or questions on this topic for Monday evening's meeting. If PC wants to set a work session for la «. bily/early August, that is also an option. REQUEST FOR COUNCIL ACTION Date: Julv 5,2001 Item No.2- Department Approval:Administrator Approval: Name: Michad P. Gaffron Title: Planning Director Agenda Section: Zoning Item Description: Public Hearing - Review of Boat Storage Ordinances Summar>' A Public I Icnring is scheduled for 7:00 p.m. at the Monday Jul> 9 Council meeting to take public cominert and consider whether existing ordinances regulating boat storage on residential properties should be rev ised. IfCouncil determines an amendment is appropriate, it could be reviewed at the August Planning Commission meeting and an amendment adopted by Council in late August or early September, so any code revisions would be in place in time for the boat storage season. Public notification of this hearing has included the follow ing: 1) Publication of the standard Public Hearing notice in the Pioneer newspaper; Posting at the City Offices and local Post Offices; Issuance of a press release to the three local papers (as of this writing, the Pioneer had a front page article in the June 30 issue) Announcement running on Lake Minnetonka Cable Channel 21. 2) 3) List of Exhibits A - SktMchcs of current boat storage allowed locations B - Performance Standards: Section 10.60, Subd. 10-13 C - Review of Other Cities’ Exterior Storage Ordinances D - Parking of Recreational Vehicles: Section 9.52 E - “Yard” Definitions. Section 10.02 Current Ordinance, Interpretation and Enforcement The current City ordinance regarding boat storage is 10.60. Subd. 13 which reads as follows: Subd. 13. Exterior Storage in "R" Districts. In all ”R" Districts, all mobile materiab and equipment shall be stored within a building or fully screened so as not to be visible from adjoining properties, except boats and unoccupied trailers less than 20 feet in length, which are not stored for commercial purposes, if stored to the rear of the house and a distance of 10 feet or more from any property line. -L iiSSiS 4 Boat Storage July 5, 2001 Page 2 Depictions of currently allowed boat storage locations on lakeshore and non-lakeshore lots appear in Exhibit A. These depictions are based on the yard definitions of the zoning code, as interpreted and enforced by City staff. Because the street yard of a typical lakeshore lot is by definition its rear yard, the visual impact from the street of boats stored on lakeshore lots is potentially much greater than for non-lakeshore lots (Section 10.02 "Yard * definitions are attached as Exhibit E). A staff windshield inspection of boats of length appearing to be in excess of 20’ stored on residential lots early this spring revealed the following, by neighborhood: Casco Point: 40 Forest Arms (E. side of Forest Lake): 6 Carman Bay: 12 Rest Point: 4 Navarre: 10 Wildhurst: 8 Fagemess Point: 23 llighwood: 4 Cheny/I.oma I.inda: 21 While photos were not taken and individual boat lengths and storage locations were not specifically documented, these boats were all visible from the public right-of-way. Staff has historically enforced the boat storage regulations only upon complaint, or when a boat is clearly placed where it has a potential impact on traffic sight distances. 1 he unavailability (or high cost) of off-site storage is a common response from boatowners who are found to be in violation of the ordinance. Although property owners are given a reasonable amount of time to comply, quite ofien a complaint will be received after the boat has been snowed in or frozen in place for some time and is impossible to move until spring. Screening commonly becomes an issue with adjacent property ow ners. With the leaves gone, storage locations that are nearly invisible in the summer may be in full view all winter. The color of the canvas, tarp or shrink wrap, the height of the boat, its proximity to neighbor's windows and views, all factor in to whether a storage situation is acceptable to adjoining property owners. The ordinance does not clearly indicate what is meant by "fully screened so as not to be visible from adjoining properties”. Is covering a boat with a tarp considered as "fully screened”? The general screening standards of Section 10.60, Subd. 11-12, would appear to be ineffective in providing adequate screening for most boats, since only a 4-5' fence is required. Screening a boat by placing it in an accessory building is a rare option, given that such buildings on lakeshore lots constitute hardcover and count against structural coverage. Storing boats over 20' long in garages meant for cars also is usually not an option due to the height of such boats. Summer boat storage has generally been less of a concern than winter storage. A trailerable boat stored in the driveway from May to September is more common for non-lakeshore lots than lakeshore lots. Long-term storage of boats during spring/summer/fall seasons on lawn areas could be a hardcover issue. Planner Wendy Bottenberg has reviewed other cities’ ordinances regarding exterior storage, summarized in Exhibit C. Most include boats within the definition of recreational vehicles or similar equipment. Orono ’s regulations regarding storage of recreational vehicles appear in Section 9.52 (see Exhibit D). - OpTl'M'^L ~~ - cor'/j; -y A 'i l [ C J T/ Boat Storage July 5,2001 Page 3 COUNCIL ACTION REQUESTED Provide staff with direction as to whether the planning Commission should proceed with an amendment to the ordinances pertaining to boat storage. BH^f* -^■:v A) ho 1^ 1 P4>»l£ fp^wJT I_____ ^V • ^ ct-rf oe coiaa JtV ’2^*. ■ -•>: . ' p.6Mf -■- - C Re A- *'^r'<“! I J 'A| Iu u , allowed boat storage locations Based oo Current Orono Ordinances For a lakcshore lot, the yard adjacent to the street is defined by the zoning code as e "rear yard", and the yard abutting the lakeshore is the "lakeshore yard". Lakeshore lots technically do not have a "front yard", although the lakeshore yard is sometimes called the front y^d. Therefore, boat storage "to house" is considered to be within the area house and the 2 For a comer lot, by definition tiie lot line with the shorter frontage along the street is the "front" lot line (or in the case of a lakeshore comer lot, the ”k3x”). The longer frontage is considered as street" lot line. Absent any clear direction in the code, staff has suggested that m order to be located "to the rear of the house on a comer lot. a boat ^ to the side street than the line of the h^ alona the side street. It could be argued.u»t only to'&om UK side ^ lot line should be required for a lakeshore lot, since a boat could be stored only 10 from the "rear" (or "street") lot Ime. \\ LAKB V:. /}U.OuJ^ e^CVVT' «Sro^^ (iTAep^ //brtx/‘/^/’^rToAi^ Crrf e^ C0(4<utV 1 VcJ|% Iir* LA\i£ ayti /• Al.I.OWKD BOAT STORACiE UK'ATIONS Based un Current Oruno OrdbiaBCCs NV»lcs t I^u a lakrshorc loi, the yard adjacent to the succt is defined by the zoning code as the "rear yard", and die yard abutting the tokesliorc is the "lakeshore yard". Lakeshorc lots technically do not have a "front yard*, although the lakeshore yard is Mimetimes called the front yard. Tlicrcforc, boat storage "to the rear of the house* is considered to be within the area between the house and the stfccl 1 O' a comer lot. by defiruiion die lot line with the shorter frontage along the street is the "front* lot line (or in die case of a lakeshore comer lot, the "rear"). The longer frontage is considered as the "side sued* lot line Absent any clear direction in die code, staff has suggested that in order to be located "to the rear of the house* on a comer lot. a boat must be stored no closer to the side sucet than the line of the house along the side street It could be argued, boweler. that only 10* from the side street lot line should be required for a lakeshore lot, since a boat could be stored only I O' from the *reaf" (or "street") lot line. liHUBtsdBBsuuayi laatariii § 10.60 Subd. 7. Vibration. Any use creating periodic earth-shaking vibrations, such as may be created from a drop forge shall be prohibited if such vibrations are perceptible beyond the lot line of the site on which the use is located. The standard shall not apply to vibrations created during the process of construction. Subd. 8. Glare or Heat Any use requiring an operation producing an intense heat or light transmission shall be performed with the necessary shielding to prevent such heat or light ^m being detectable at the lot line of the site on which the use is located. Lighting in all instances shall be diffused or directed away from ”R" Districts and public streets. Subd. 9. Explosives. Any use requiring the storage, utilization or manufacturing of products which could decompose by detonation shall be located not less than 400 feet frnm any R District line. where: Subd. 10. Screening Requued. Screening shall be required in residential zones A. Any off-street parking area which contains more than four parking spaces and is within 30 feet of an adjoining residential lot line, and. B. Where the driveway to a parking area of more than six parking spaces is within 15 feet of an adjoining residential lot line. ^ Subd. 11. Screenine. Type of. The screening required herein shall consist of a solid ^ fence or wall at least 50% open, not*"less than four feet nor more than five feet in height but shall not e.xtend within 15 feet of any street or driveway opening onto a street. The screemng shall be placed along the property lines or in case of screening along a street, 15 feet from the street right- of-way with landscapmg (trees, shrubs, grass and other planting) between the screening and the pavement. A louvered fence shall be considered solid if it blocks direct vision. Planting of a type approved by the Planning Commission may also be required in addition to, or in lieu of, fencing. ^ Subd. 12. Maintenance. In all districts, all structures, required landscaping and ^ fences shall be maintained so as not to be unsightly or present harmful health or safety conditions. Subd. 13. Exterior Storage in "R" Districts. In all "R” Districts, all mobile materials ^ and equipment shall be stored within a building or fully screened so as not to be visible from adjoining properties, except boats and xmoccupied trailers less than 20 feet in length, which are not stored for commercial purposes, if stored to the rear of the house and a distance of 10 feet or more from any property line. x, m Source: Ordinance No. 172 Effective Date: 1-1-75 ORONO CC 378 (4-1-84) TO: FROM: DATE: Mike GatTron, Planning Director Wendy Bottenberg, Zoning Administrator/Planner July 5.2001 SUBJECT: Boat storage In reviewing Orono’s boat storage ordinance, eleven cities were contacted regarding their boat storage ordinances. The cities all have lakeshore or lakes within their city limits and varied in population size. The information collected fiom each city was reviewed and compiled in the attached table. CITY BOAT STORAGE MAXIMUM ORDINANCE LENGTH SETBACKS COMMENTS Bloomington yes 20 feet Side yard/rear yard • S'Hard surface required, 2 boats allowed Front yard-not more than 8' in front of plane of front wall of dwelling. If in front must be in driveway or side yard adj to driveway. Chanhassen yes None Side yard/rear yard • 10'Hard surface not required. Oeephaven no No exterior storage ordinance- nuisance ord. Edina yes None Rear yard* 25' Not in required front or side street.• Hard surface required. Excelsior yes None In rear yard Limit of three items stored; includes boats, RVs, ice house, campers, snowmobiles. Mahtomedi yes 25 feet rear yard Subject to setbacks for accessory bldgs. Maple Grove yes None Not in frontyard Not more than 2 rec vehicles stored in yard, exempt from paved storage area. Mound yes None Side yard/rear yard - 5‘1 vehicle per each 1500 s.f. of lot area to maximum 7 vehicles. Orono yes 20 feet Rear yard -10*Hard surface not addressed. Shorewood no Exterior storage ordinance- does not specirically address boats « Tonka Bay no Exterior storage ordinance-does not specifically address boats 1 .......................................... III 11 ii«ir anri'>f *-«r-^kAai#^ I lf Iftfialfci Mini ail --------------•-~~ SEC. 9.52. PROHIBITED USE AND PARKING OP MOBILE HOMES AND RECREATIONAL CAMPING VEHICLES. Subd. 1. Definitions. The terms "mobile home" and "recreational camping vehicle" shall mean and include the following definitions, and shall not include any manufactured housing unit bearing a State of Minnesota Manufactured Housing seal or certificate. A. "Travel Trailer" - A vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational, and vacation uses, permanently identified "Travel Trailer" by the manufacturer of the trailer. B. "Pick-up Coach" - A structure designed to be mounted on a truck chassis for use as a temporary dwelling for travel, recreation and vacation. C. "Motor Home" - A portable, temporary dwelling to be used for travel, recreation and vacation, constructed as an integral pact of a self-propelled vehicle. D. "Camping Trailer" — A folding structure, mounted on wheels and designed for travel, recreation and vacation uses. Subd. 2. Unlawful Acts. A. It is unlawful for any person to park a mobile home or recreational camping vehicle upon public property for human habitation, except in a licensed mobile home park or City-owned campground. B. It is unlawful for any person to park or store a mobile home or recreational vehicle in any "Residence District" for more than twenty-four hours, except in a side or rear yard at least ten feet from any property line. C. It is unlawful to use a mobile home or recrea tional camping vehicle for human habitation on any private property for more than seventy-two hours without a permit from the City. § 1 o!o2 ‘0{ 75. "Use-Principal" • The main use of land or buildings as distinguished from subordinate or accessory uses. A "principal use" may be either permitted or conditional. Source: Ordinance No. 172 Effective Date: 1-1-75 76. "Yard" - A required open space on a lot, which is unoccupied and unobstructed by a structure from its lowest ground level to the sky except as expressly permitted in the Zoning C'lapter. A yard shall extend along a lot line and at right angles to such lot line to a depth or width specified in the yard regulations for the district in which such lot is located. Source: Municipal Code Effective Date: 9-14-67 76(a). "Yard Requirements" - Those requirements which relate exclusively to the size of yard areas when such are required within specific zoning districts. Source: Ordinance 26,2nd Series Adopted: 7-14-86 77. "Yard, Front" - A yard extending across the front of a lot between the side yard lines and lying between the front street line of the lot and the required front yard setback line, which front yard shall be provided on both street frontages of comer lots and double frontage lots. A lakeshore lot shall not be considered as having a front yard, but rather shall be considered as having a lakeshore yard on one side of the building and a rear yard on the other side of the building. 78. "Yard, Lakeshore" - A yard lying between the natural ordinary highwater mark on the lakeshore and the required lakeshore setback line, for the full width of the lot. 79. "Yard, Rear" - A yard lying between the required rear yard setback line and rear line of the lot, for the full width of the lot. On a lakeshore lot, the rear yard shall be the yard which fronts on the sU'eet lying between the sueet line of the lot and the required rear yard setback line. Source: City Code Effective Date: 4-1-84 80. "Yard-Side" - A yard extending along the side lot line between the front and rear yards, having a width as specified in the yard regulations for the district in which such lot is located. 81. "Yard-Side Street" - A side yard abutting a side street. Source: Ordinance No. 172 Effective Date: 1-1-75 ORONO CC 250-3 . (4-1-84) iUmJC Shrink Wrap i wiuiuui auvcidciy uie iciiiaiiiiiiy cuvei, ui additional areas can be covered. Want to show off part of the boat but keep it covered? Replace the film with a clear shrink film. Want to keep the boat covered for an additional year or two? That can be attained by fusing an additional layer of film to the existing layer. Want additional accesses and more ventilation? That can be easily done. Want a dehumidified environment? A dehumidification system can easily be installed. Shrink wrapping works for any very large and irregularly shaped object and Is the most Incredibly flexible preservation system in existence today. The above is a suggested method. New Hampshire Mobile Marino Sorvicos is not rssponsibie or liablo for tho actions or results of persons who have not contracted with our services. Contact us at New Ha mpshire Mobile Marine Services to have your boat professionally shrink wrapped. 2.31- Service that comes to you! Copyright 2001 New Hampshire Mobile Manne Services - All Rights Reserved • Website Design By: RobfCh S Company International Webmaster Pabich corri • K ** responsible or liable for thesubrnrlted data, links or accurateness of printed information. Please submit any broken lo c^^ccnr^i/gRof^tch com . ooooiimd « . r http://www.nhmobilemarine.coin/shiinkwrap.hbn - v Page 4 of 4 7/30/2001 ShrtnirvVrap iJie 101 tup, wiiiuii U0II fjuii IIic 101 |j uii diiiiciy ui put undue force upon part of a boat. £3ch tc *30 af oaqo How we shrink wrap your boat » Prepare the boat by padding or protecting any railings, booms, sharp points, rough edges, etc. » Design and build a frame over the deck of the boat. Depending upon the requirements and size of boat, the frame may be constructed of a variety of materials including PVC pipe, steel pipe, lumber, strapping. • Create a perimeter belt around the ship with which to lock the film down. ■3 Cut and place the shrink film material over the frame. ® Anchor the shrink film edges. » Seal the shrink film seams. ♦ Heat shrink the shrink film with hand held, gas propane heat guns. > Install a custom passive, or active, ventilation system, and personnel and material access doors. The materials used can include » A single 7 or 8 mil, specialty blended polyolefin available in clear, blue, or white. White is used to reduce heat and ultra-violet (UV) exposure and increase coverage longevity; blue is used to increase heat absorption while reducing UV exposure to the ship; clear is used to increase heat absorption, natural lighting, and improve external visibility of the ship. 5 A multi-layer shrink film with special properties, such as Armorshield Plus^*''’ has a fabric backing which makes it stronger, eliminates scratching, and inhibits condensation. Its middle layer is a hot melt adhesive that can contain special additives such as anti-mold, anti-mildew, and bi-metal volatile corrosion inhibitors. The shrink film is clear, or blue tinted, and the backing is white which gives the film a glossy appearance. * Splicing tapes to connect shrink film edges. • Sealing tapes to seal the shrink film edges. Once the cover is installed, modifications can be made to meet later requirements. With the proper design, sections of the boat can be uncovered http://ww\v.nhmobilemarine.com/shrink\\Tap.htm Page 3 of 4 7/30/2001 Shrink Wrap Page 2 of 4 wina, animal Teces, Diowing oust, sanaoiast aeons, etc. Increasing the risk of lost tools and materials. • Degrade the repair materials prior to installation. Who can shrink wrap? Let Us Do it For You • Any experienced boat shrink wrapping company. It additionally is important to verify their credentials and past work. Where can shrink wrapptn^' t^e done? • Virtually anywhere. Shrink wrapp /.g can be done while the boat is on dry land or in the water, during cold or hot weather. It is not advisable to shrink wrap during windy, moist days, however, framing can be assembled during those times. How much should it cost? • The amount is relative to the design, environmental conditions, location of the work, personnel to be involved, the type materials used, and any related equipment rental. Each job is unique. • But consider all the costs associated with not properly protecting your ship and weigh the difference. Tr OUR BASIC PRICE LIST: .a: 'v® Tarps have the following disadvantages: • Shifting causes abrasion. • Not preventing weather from blowing underneath. • Laying against the wood or metal results in damage from condensation. • Not preventing birds, rodents, or insects from entry. • Flapping causes uneven pressure on a boat part, tarp destruction and can be annoyingly noisy. • Sagging which causes moisture accumulation on http;//w\vvv.iihmobilemarine.com^shri nkwTap.htm 7/30/2001 Shriflk Wrap Pane I of 4 ^ -7-50-0? ^Kci< c<>m^> to yxJvL ’■■vJ jJ'djjjjj vjJiiry I ^ ''' In This Site Home S ctviccs {mrrQcncy Assrstance Cont«0 'i Ahouj;*; Shrink Wrap Mon<i*y, juiy 10.2001 What is boat shrink wrapping? Shrink wrapping is the envelopment of a boat, or part of a boat, with a tight plastic skin and through the application of heat. In This Sectio kiGim/Major Rrpa L£:i MMenztng OeWiinr^Detailin Why use shrink wrap? ♦ To reduce contamination. • To increase reflective lighting and productivity. • To gain access for repairs during inclement weather. ♦ To protect the boat against environmental damage during reconstruction or repairs, or while awaiting repairs. ♦ The environmental factors shrink wrapping can virtually eliminate are: precipitation rain. snow, hail. ice. wind, excessive temperatures, salt air. bird droppings, rodents, insects. • To protect the boat for a season against winter storms. ♦ To provide a humidity and temperature controlled _________ environment for custom paints, patching materials. and solvents. • To save money by reducing labor costs, workers compensation, insurance, lost material charges. ------- and risk of environmental issues. New Hampshii Mobile Marint Services is pro to be an Authorized Age for 'TowBoatU.S. .Ve now provic 24 hr. TOWINt and EMERGEN* boat service U the entire Lak Winnipesauke TowBoatU.S. 1) T.k rep }V1 Without protection the adverse factors: • Degrade your boat through dry rot. mildew, rust, and corrosive compounds. • Reduce the effectiveness of your sen/iceman when conducting repairs, by limiting the hours they can work due to inclemer* weather and poor lighting, increasing the envirotimental clothing they must wear. • Increasing worker safety risk due to ice, darkness. • • • • ••• • • • • http://\\-v\Av.nhmobilemarine.com/shri nk\uap.htm 7/30/2001 r#i->it¥ ill' 07/‘e9/2eei- 10:08 STOCK t uieo WX81 yiae UX23 uia4 U125 UX26 wxe? wise WI89 MI 30 W131 Ml 32 MI33 UI34 UI3S UI36 6123794047 DESCRIPTION WEST PHOTO WINTER INSIDE STORAGE SOFT WINTER INSIDE STORAGE 8iPT WINTER INSIDE STORAGE SSPT WINTER INSIDE STORAGE S3FT WINTER XNSID^ STORAGE S4FT WINTER INSIDE STORAGE ESFT WINTER INSIDE STORAGE 26FT WINTER INSIDE STORAGE 87FT WINTER INSIDE STORAGE 28FT WINTER INSIDE STORAGE S^FT WINTER INSIDE STORAGE 30FT WINTER INSIDE STORAGE 31FT WINTER INSIDE STORAGE 32FT WINTER INSIDE STORAGE 23FT WINTER INSIDE STORAGE 34FT WINTER INSIDE STORAGE 3SFT WINTER INSIDE STORAGE 36FT PRICE t 699. eOG PRICE I 786.000 PRICE 1 7sa.000 PRICE 1 790.000 PRICE 1 636. 000 PRICE 1 1089. 000 PRICE 1 11SO.000 PRICE 1 1271.000 PRICE 1 13S1. 000 PRICE 1 PRICE 1 1691.000 PRICE 1 1622. 000 PRICE 1 1909.000 PRICE 1 8076. 000 PRICE 1 2860.000 PRICE 1 2473.000 PRICE 1 8779.000 PAGE 01 I /n C 4' PRICE BOOK JUL 9, 8001 PAOC I 8 ; Ui Interpretation of Storage Ordinance, Section 10.60, Subd. 13 (1 ) ^ mobile materials and equipment must be stored in a building or be fully screened so as to not be visible from adjoining properties ("adjoining" meaning abutting, but not across a road...)- Exception to the above (applies only to boats, boats on trailers, and empty boat trailers): Boats and unoccupied trailers that are 0-20' in total length can be stored outside . unscreened , when located to the rear of the house (City staff have generally interpreted this to mean behind the front line of the house, i.e. in the side or rear yard, although a strict interpretation would be that it means behind the back line of the bouse...). Boats and unoccupied trailers greater than 20' in length must meet the provisions of item (I). (See sketches regarding interpretation for lakeshore lots) iiarri"ttrr-Yl 4 FI JLL FR VICE , \1AHINA Ctrttfitd MtfCfUlMT Mtchantcs Slips • Ship's Stort L ft Stfvic# P^mp Out Public Boat Launch Indoor Outdoor Storagt __________ SERVICING MERCRUISER inboar ::s • sternorives parts department 6S1-695-3780 2500 Crosby Farm Rd 8t Paul Ml 845 MISSISSIPPI RIVER SINCE 19S0 marine Mercury C jtooa'3 & Mexr j ser e Piat'nun Ser** :e Dea er Complete Accessor-es epairs • Sa es • Se*. :e ill StocK.r; Pars Dea sr •Site PfopiS-eg Repair 12-588-3456 WASHINGTON AV N MPLS ti N el Ocwnimn efl I-M fgRCURY fCuts* wana lishandoamc com suprewemifine C-Mail rjpfememefcurv®cwail msn.com mt 1 Fibi*r{|;luss Repair ] Retrofitting ] Sailboat Parts ] Ocean Kayaks ] Catalina and Escape Sailboats ] Sailboat Brokerage 1 Marina and Storage ] Boat Timeshare 651* 429 • 7221 whitebearboatworks.com >95 Lakt Ave S > Whitt Star Ltkt. MN c^eetde%.com 038473 C 2001 0mA lOATIRS aUB INC D.S.A MIHNiSOTA BOAT STOAAGf REFINISHING A RISTOEATION REPAIR - 0&C-^VO*?ERC1IU INSURANa CLAIMS FREE ESTIMATES ;i:si>>4utre i.; iewglPf 952471*9606 Botlomt Up Miftnc Repiir 127CI Citowtf A.t S ^34 iui. ♦ - 952 SB2* 1443 CROWS NEST MOBILE MARINE S0K>«i>tt In C^si*: 5:4! 13SI Covnt> R3 S3 Vi51 P*i *-----763 470-3145 CUSTOM RIS6INC lioorlCerpttBejjcr-tMlCirr- >»»3r» SOSl SNwvUtf Ar. ti Beer ia*« - 651426*9752 OIMMERMAN BROS MARINE SlrnO^.»*lC-r:rr 13S A Mtr» 97 f : ei- Lue----------651464-0758 EXCELSIOR BOAT REF1NISHER5 V.;:3!:4'Be»c*i::''Sy» IS*. 731 v>i 5.’ie Ea:f t zt------------952 474-0302 F. TOGO WARNER S MANOGASY BAY N j!io?*2 A^kjfdWi ’’* 'i -eitofjlion For AntsQuf k CiJiSiC Yii*! :*a‘t • Est 1976 Buy • Broi>e*Jii • SeH • :• i:3t • Storage wk'kk*w.m4f»058".:i,.ne! 2642C3mr-r:t S .s------------ 952 495-0007 lilc Bear Boat >Vorks oat Repair & Maintenance lont'd) SIDE MARINE SERVICE • 3* i :* £i. V 5 £.:* I-------952 474-5900 E LAGOON MARINE INC • FiOes Rrpj r • AAA RaifO • Wooj R?* n & RfilOrat'On SencCf • Me^cru i-v'Cob'3 Ce-. f ed • Oiff 40 Eipf' e*7ce w*M b ue agoonmarine com J70S- 9 v: u.fVM 952-471-8000 Saving Q3S a'C nor'e^ *S important. That'S Ar> no-e rncre peooie consult t»*e C acs ! ve ..v Pages Ahen are rtiz, to ma.fi a purchase. Call aheao betc-e you drive to a bus.ness. FlIEACLASSPLUS l* V 5 ct 8 ? *• * :i* MwTt; 320-632-8322 GEORGE'S REPAIR CENHR FIBERGLASS REPAIR ALUMINUM REPAIR OVER 38 YEARS EXPERIENCE INSURANCE CU:VS SERVICE Ut:i W ».>!; U:v---------763414>$999 CRfAT RIVER tOM WORKS 14 Wit'Si w i-'t.’----------- GRECC MALIK MARINE REPAIR SPECIALIZING INMERCRUISERS INBOARDS & I/O'S ALL MAKES 2 DAY TURNAROUND 1909 H Oou(>ii 0' Cidn V>y 763 S46*9514 PERFORMANCE MARINE Service On Ail T|pes Cl Ir.su*ss-10‘i 4144 Shoreline Or SprmB Part------952 471-9249 Pert*A*Wtitfinf Inc 47W Oeerwoed Dr M»i ---------------952 933*1369 Pro Wittrsports asas w Hw» IQl S.pe----------------9S2 890*3994 ROBERTS SPEEDS MARINI Sc*C:|l .*."8 I" ^ Gopher Mini B Outside Storage ICMS U5 StW laatvilie --------- Crai's Bai Aeson B Marine :831 Hwy 101S Weytao 9S2 892*3232 9S2 473*2SS0 Indoor Boat Storage Inc iiceitior — 763 424-6160 Marine Unlimited Maple P am-------763 972*6012 MicLman Brothers Ham lakc/St Francis Storage ----------------------------------------- 612.434.4047 MINIKAMOA BOAT STORAGE 612968-1846 Rockvam Boat Yards ire Sceca* rr'8 Ir. Forgiast s<:ars-C?^r‘;i«» Scar •wa'r Se»*.<*Ir5 3e Straw 436ISu^t0r SpringPart-----—— 952 471*9515 SAT BOAT TRANSFER A STORAGE FULL MECHANICAL SERVICE & REPAIR Authorifd Dealer For Volvo Penta Kor'ff A Onar GfncraiofS • WeSe^p.ce All Brands- Faciorv Ce^. F.fd Mechan.es 763-479-2066 4975 Intfuit' ii St Mjp.e Pij n TTTf STORAGE SECURED ACCESS 5AM-10PM DAILY INDOOR AND/OR OUTDOOR 6i4 l £ij:R .** «3 ‘f C*r 763 572-2572 952S4S-SS00H;4r| :i'3 I as MPe licens or I i'4~:e Stlou sPk -—952929-0929 :s: & C:r-3 St Paul--------651 641-0101 6W4 :s?iS?N Oaitfa’e-------- 651731-1313 Sterling Welding Co Hi H 4<e H — 612 521*4678 STIUWATER YACHT CLUB P»*aw See Ou' *c l^dr ».*i •« *22 i Uwterr) St SftiwT----------------6S1 439-5658 Supreme Marine )4St A a*' rjen a.c S 612 558*3456 FUau Sre Adi erus^ment Thu Pa^ Tonka Bay Marme Serv ce Inc 23S B«i as Tcnaa 9i» —- 952 474*3319 Plratt Ste Ad un Pr. i u>a« P»%v — 763 434-1501 - 952 931*0942 - 952 535*0553 - 763 479*3050 952 993*2003 - 952 471*9249 GRAY'S BAY RESORT A MARINA Ref - v nj L 5,1“ i: :83'. S ----------- 952 473-2550 TONKA BOAT A MOTOR INC TONKA BOAT A MOTOR Full Marine Sales 6 Service f«Tca*CEI»T|flEO JOHNSON E.ISRjDC-h CSCA CMC COBRA • VtPCRUlSER - SPARTAN POURIS SN: AVOBILE SERVICE AUVACRAF7 WE STOCK I URGE VOLUME OF NEW :vc PARTS OPEN 7 DAYS A WEEK In Roy’s Live Ba t • 360 Hity 7 Eicetsior (952)474-4393 (952)474-0927 MINNESOTA MARINE Straw Sr-.'CI S r»- ;tn| 14S:S \l Hw, 45 He-n U - Minnesota Mini*5toragc 1144 S 7 St M;o«*rs ------------------- 484 France !•# ES rs------------ Mobile Marine Services Inc 04tl Hw,:: Aest Vap e Piam----- OUTSIDE STORAGE 7CC3 Wei!.a»eSt Su:u'S Park — Performance Marine 4154 S^*;re ** > Spr - J f *'*------ Rockvam Boat Yards Inc 8iat I»tr8 ass ®e;ar I- se Srvaw 4lt! 5w*se’ y Sp' nj Pj'k ——------ 952 471*9515 SAT BOAT TRANSFER A STORAGE I i . V / . t • t ^V. * f . Indoor - Outdoor . S^flrfc WracOing • PilU MFf HANiCAL SERVICE 651292-9365 TRAIL AUTOBOOY A MARINE Spe: a' enj In F.tev H tv. i Re* -1* 466: 5 scatn« a* faja- —-—— 651423*5579 Valley Motor Sports zaiiC:::«3 Easan------------------ 651 452-7400 Plt(ur Sft Ad c 1 Prrt tou* Pa^ WAGAMON BROTHERS ENGINE REBUILOERS MARINE SUPREME SPECIAL INBOARD BOAT MOTORS Over 40 Years In Business ~:• 0, «Lr. f I*• >. «• 4975 Industrial St Mapie Piam Secure Mmi Storage SlI4la■^anOl•t Br^'yn P« ~ Watergate Marma See D-r A*t*:e* l.i:fe;a' -3 25::C*nJyFr-R3 StPau' - - 763 425*2610 -6S1 695-3780 _ I Boat Trailers See fra’e^*8:jf fra f/ers RentSLeise 3'r A.iUftivAv Colun-Oia Mts —763 789-7227 I Boat Transporting Hooper's Yachts 5WVa--8 4‘*S i*t3n----------- IMPERIAL BOAT REPAIR ““ Fiberglass & Alum r.- Boat Repairs Geicoai R*:i r 651-735-1258 Wake Zone Service 141 Minnefcnia 8 *d Eic --------------9S2 470*0941 Watergate Marma 651 436*8795 j5o: C'ctt, Farrr Rj 5? *aJ---------- 651 695*3780 Pita»e Set Adienuement Thu PaeF" White Bear Boat Works 4495 ia4eA«eS White Sea* lake ----- 651429*7221 AFTON BOAT TRANSPORT CO 1 SPECU JZISC IN OVER DIMENSION LOADS I LOCAL A NATIONWIDE INDOOR 4 OUTDOOR storage FULLV insured WINTERIZIf.G A REPAIRING I’llSStCrctTi- Aftm--------6S1 436-6892 -----------------------------------651436-1253 PUa*e See Adi e’^uemenf Thu Page I Boat Storage King’s Cove Ma*m;a LLC 9N h«>61 Maifji-------651 480*8930 LANCrS PROP SHOP Prcpe e*! Ske; 5t:a*-Aium.‘>^- ia-eu l93:\8'oc.:a€:* B^kiynPv -----763S69-0872 UTUFF BROS AUTO BODY INC BSC Urivrt ry i.e w S#--------- MARINE FIBERGLASS INC i:iiw::5St s.j* 651224-2828 Alton Boat Storage Co lnO;or. Culfloor. Wn»*.:.*j Sejan & Tfans::'Ot3r* ZnaSStCroiiTri Af-n-------------- 651 436*6892 BAYSlOE MARINE SERVICE New Ixibpn On Eicets :* Sly 219;; M nretnu 8>.c Eict s w — 952 474-5900 Becker Storage Services inc Mw> 2) 6 84 Bectr ------------------ 763 420*9333 Associated Boat Transport Inc Natanwioe-SaJ Or Rpwr W ootfmv 1 e. WA Tell free O ai 1 & T-en-------------- 800 247*1195 CROSS COUNTRY BOAT TRANSPORT INC Hassngs. f-*N-----------------------651437-2454 SBTBOATTRANSFERBSTORACE 497S I'dair>ai Sr Vip e Piam------763 479-2066 BLUE LAGOON MARINE INC 4473 Shpre*nt > lake ‘‘^a -9S2471-BOOO Mark's Welding 6 SkegRtsa * I49n;SA.e*.! 3 a n«--------- Mobile M, rine StrtiCts me 6461 Hwy 12 A«t Vapie Pia * NORTH SHORE MARINA Uavwe'i Bay iMe v.nne&nka 9S2 8B2-9670 lOAHRS CLUB INC O.t.A MINNESOTA BOAT STORAGE - 763 784*0783 2415 Induseiaf 8tv4 iB Lsfglane - 9S2 471-9606 Boaters Outlet - 763 479*3050 Co Rd C 21 long lake t- e;s«v,ite — 651 639*9000 Dot Storage 9S2 471-BOAT 9900 MR vaw St Coon Rpds-----------763 754*0400 Shop at home • easily aod comfortably - by looking through the Qwest Dei Yellow Pages. 1 COMMERCIAL BOAT STORAGE OPTIONS A t , 5 i> - ^ 1. Commercial Marinas in Orono: 2. 3. (Storage Ws reported are from annual Marina License applications) Marina Winter Contract Boat Storage Capacity Windward Kings Cove Sailors World North Shore Wayzata Marine 40 44 42 200m 356 Other Commercial Marinas on Lake Minnetonka Commercial Boat Storage Services in west metro area (list is from Yellow Pages): Blue Lagoon Marine Inc. (Spring Park) Boaters Club Inc dba Minnesota Boat Storage (Long Lake Ind Pk) Indoor Boat Storage Inc. (Excelsior) Marine Unlimited (Maple Plain) Minikahda Boat Storage (Minnetonka, St. Louis Park) Minnesota Mini-Storage (Hopkins) Mobile Marine Services Inc. (Maple Plain) Outside Storage (St. Louis Park) Performance Marine (Spring Ptvk) S & T Boat Storage (Maple Plain) - - -*—-*^*-—Ilf A i^iVi Ml ml III ", r expensive coverings or off site storage for their boats. There are many here who have been blessed financial but among us are others who have been blessed in other ways or who have retired on fixed incomes and want to enjoy what they have earned. Ordinances should serve the reasonable needs of those who vote, pay taxes and live 24 hours a day on a property and they should be kept to a reasonable minimum. It is not in the best interest of any of us to have over regulation. We don’t want to find ourselves in the ridiculous situation of Eden Prairie. In summary our suggestion is: Establish reasonable set back requirements that are no more restrictive then for buildings for any item of over feet that is stored on a property - boats, recreational vehicles, trailers, etc. Include no requirements for screening or covers regardless of size (the set back requirements will take care of size). Thank you for the opportunity to provide input. Shirley Hendrickson and Rick Windenburg 3200 North Shore Drive Orono 55391 . . n » . July 9,2001 To Orono City Council Input for hearing on Boat Storage Criteria Greetings, We are residents with a lake frontage lot, 600 ’ deep. We have only lived in Orono about 1 1/2 years. We purchased land with sufficient space to acconunodate our needs and due to the recent article in the paper found out about some of the storage requirements for boats. Our boat happens to be only 16 feet and is not impacted by most storage requirements. We understand a desire to have pleasing views for passerby’s and for neighbors. That always needs to be balanced with the rights of the landowner to reasonable be able to use and enjoy their property. In looking at the competing factions, we would prioritize the needs of neighbors and landowners over that of passerby’s. The landowners and neighbors are 24-hour-a-day users of the property. Putting this into perspective, passerby’s have very short term (likely seconds) view of the property with no financial investment. Their concerns should not outweigh those who pay for and use the property 24-hours-a-day. Lot sizes also vary widely here. It makes no sense to require a visual barrier for a boat of whatever size if the boat is barely visible to any one but the landowner. Persons living on the lake border each other’s property and e.xpect to see boats. It is unreasonable for passerby’s to expect not to see boats in a lake front area. Our suggestion is that if boats arc stored more then 50 feet off the road and 10 feet otf property lines, there be no requirements for ‘screening’ regardless of size. The screening can be a bigger problem to neighbors then the boat. If a building can be 10 feet off the line, so should a boat. We’d rather look at a boat stored off season then a building there permanently. If a lot is of sufficient size to reasonably maintain it on the property, there should be no reason the landowner cannot keep it on their own property. For smaller lots, using a set back should resolve the problem and those set backs should be no more restrictive then those for buildings. The boat size would be taken care of by set back requirements. If it is too large for the lot size, they will Aot be able to meet set back requirements. How landowners want to cover their boat or not cover it should be their business. What one person likes, another may find offensive - just like the style or color of your home. We should also keep in mind that there are property owners who have been in this community for a long period of time and may not have the fmancial resources to pay for ORONO CITY COUNCIL MEETING MONDAY, JULY 9,2001 Cl PUBLIC HEARING 2. Storage of Boats and Boat Trailers Mayor Peterson opened the Public Hearing at 7:02 p.m. Mayor Peterson stated that the hearing was only concerning boats and boat storage, and that other recreational vehicles would be discussed at a later do<r. Moorse stated that the purpose of the hearing was for the Council to receive comments from the public regarding the issue. Gaffron stated that the public hearing had been publicized by a standard hearing notice, was posted at the City Offices and on the web site, a press release was issued, and an announcement was run on cable channel 21. He stated that the current ordinance has been in effect since 1967. The ordinance. 10.60, Subd. 13. states: “Exterior Storage in “R" Districts. In all “R” Districts, all mobile materials and equipment shall be stored within a building or fully screened so as not to be visible from adjoining properties, except boats and unoccupied trailers less than 20 feet in length, which are not stored for commercial purposes, if stored to the rear of the house and a distance of 10 feet or more from any property line.” Gaffron stated that the City has interpreted the ordinance to mean that all mobile materials should be stored out of site of all adjoining properties (abutting, but not across the street). Boats and trailers up to 20 ’ in riimifiiui 1 i ORONO CITY COUNCIL MEETING MONDAY, JULY 9,2001 length are the exception, and are allowed to be stored unscreened to the rear of the house. Boats longer than 20' must be in a building or fully screened. Gaffron stated that staff had done a windshield inspection of boats appearing to be in excess of 20' stored on residential lots and found the following number of boats in each neighborhood that were visible from the public right of way: Casco Point 40 Forest Arms Carman Bay:12 Rest Point Navarre 10 Wildhurst Fagemess Point 23 •Highwood Cherr>'/Loma Linda 21 6 4 8 4 Historically staff has only enforced the boat storage regulation upon complaint, or when a boat is placed where it has a potential impact on traffic sight distances. He described the problems in fully screening a larger boat; lack of foliage in winter, lack of suitable building, the color of the tarp or shrink-wrap. The cost of off-site w inter storage is prohibitive for many boat owners, ranging from S700 to S2800. Mayor Peterson opened the hearing to public comments. Chris Morgart at 1003 Wildhurst Trail stated that he would like the ordinance thrown out. ORONO CITY COUNCIL MEETING MONDAY, JULY 9,2001 Pat Fleming at 4760 North Arm Drive stated that the ordinance is outdated because boats are larger today, and wanted the size restriction expanded. Chuck Boehn at 997 Wildhurst Trail stated that people should simply be considerate of their neighbors and work things out themselves. He stated that he could not afford storage prices, and he felt there were a few people complaining who had decided to act as the conscience of Orono. He suggested dropping the length restriction and only enforcing complaints. Jim Theison at 1295 Elmwood stated the ordinance is outdated and the current regulation is too stringent for a boating community. He suggested increasing the allowed length to 30’ and only enforcing the ordinance after two complaints are received from different parties within one year. Natalya Cherherskayi at 2480 Casco Point Road stated that besides being unattractive out of water, boats stored in yards are a safety risk. She was recently sitting on her deck and watched as her neighbor's boat trailer rolled off of his property, down a slope and into her yard. She had been gardening in the path of the trailer only the day before. She was concerned that many trailers are not properly blocked and could roll away. ORONO CITY COUNCIL MEETING MONDAY«JULY9,2001 Paul Schueller at 1280 Spruce Place stated that the boat length should be changed to 30' and the rest of the ordinance left alone. TimH at 1280 North Arm Drive stated that the cost of living in Orono is high and if he had to store a boat off-site, he would not be able to afford having a boat, denying the use of the lake to the same extent of others. He suggested people be neighborly. Bob Albertson at 2100 Shady wood Road stated that he has been boating on the lake for 38 years and always gets the permission of his neighbors before storing his boats on his property. This was the first time in 38 years he’d heard of a problem with boat storage in Orono. Sansevere stated that the intent of the meeting was to review the ordinance and possibly change it, but the intent was not to eliminate the ordinance. Bill Wolfe at 3255 Crystal Bay Road stated that he would like the ordinance to be less restrictive Tom Theisen at 4175 Forest Lake Drive stated that he would like to see the ordinance repealed, and he agreed that people should work issues out with their neighbors. -------I ORONO CITY COUNCIL MEETING MONDAY, JULY 9,2001 Betsy Nea‘:baum at 3480 North Shore Drive asked for a definition of screening. Gaffron stated that in her situation the storage area would be in the vard between the house and the alley, but that the 10’ setback from property lines eliminates much of the yard. Lorraine Kavey at 1395 Brown Road stated that she also has a lot that does not fit into the e.xamples given, and suggested the ordinance be throwTi out, and felt that complaints should be anonymous so that she could talk to the complaining neighbor. Gabriel Jabbour at 985 Tonkawa Road slated that he feels that requiring off-site storage would hit the people hardest who can least afford it. He also stated that Orono has 33% of Minnetonka’s lakeshore, but only allows storage of about 350 boats in its marinas and prohibits outside storage in the industrial and commercial areas, which creates a hardship for the residents. He fell responsible to his immediate neighbors, but did not people who could see his boat in driving past his property would have a reason to complain. Tim Line at 4415 Casco Point Road stated that his definition of a neighborhood is broader than many others. He does not care to drive bv boats covered in blue 7 months out of the year. He suggested Orono adopt an ordinance like Wayzata’s that requires screening from public right of ways. He feels that a few people take advantage and do not comply with the ordinance. He stated they have guests coming to their home from around the world and does not appreciate boats being visible from the public right of way. He does not object to boats being stored outside on commercial property. ORONO CITY COUNCIL MEETING MONDAY, JULY 9,2001 Gary Welsh of 1214 Wildhurst Trail slated that requiring off-site storage would be like having an extra lax. He has traveling to other lake communities and feels Orono’s storage situation is very common. He also stated that one is not allowed to work on a boat in off site storage. <#. Nan at 999 Wildhurst Trail stated that her family moved to Orono speciftcally to be on the lake and not have to pay to store their boat in the off-season. Mav Beth Cliristianson 941 North .\rm Drive slated that winter in Minnesota is net pretty no matter what and putting a boat in someone’s yard does not detract from the winter scenery. She stated it’s the ultimate snob who is upset by the tarps. Curt Quady at 1223 South Browti Road stated that he has lived in Orono since 1927 and has a blue cover on his boat. He talks to his neighbors to make sure there aren’t any issues with his boat. Lorie Line at 4415 Forest Lake Landing stated that she felt winter is the most beautiful time of the vear, and blue tarps wreck it. She stated everyone could compromise and agree on the placement of boats and to use white tarps instead of blue. She w'as not so concerned w ith the size of the boat as how it is stored and that it be concealed from the right of way. ItTif II ORONO CITY COUNCIL MEETING MONDAY, JULY 9,2001 Bruce Neusbaum at 3480 North Shore Drive stated that he would not be able to afford off site storage for his boat and asked if they only wanted the ' ery wealthy in Orono. <0> Tom Theisen at 4175 Forest Lake Drive stated that although they would like to resolve differences with their neighbors, it seemed impossible in some cases. He asked how they could get the ordinance changed or removed from the books. Gaffron stated that the Planning Commission would hold a public hearing, then make recommendations to the Council for final action, and it would require a 4/5**’ vote to change the ordinance. He stated that there is no referendum for the public to initiate such a change. Barrett stated that a property owner who is affected by the ordinance could make an application for change to the City. Mayor Peterson stated that if the Council decided to send the issue to the Planning Commission for further consideration, the public would then be able to send funher comments to the Planning Commission. Gaffron stated that comments to the Planning Commission should address specific concerns to give them direction. Moorse stated that the Council and Planning Commission might want to hold a work session on the issue. Richard Edwards at 2480 Carmen Street stated that he has lived on the lake since 1955 and is now retired. He could not afford off-site storage and likes to work on his boat. He felt that people should respect other’s choice of colored tarps. 8 ORONO CITY COUNCIL MEETING MONDAY, JULY 9,2001 Ward Edwards at 2474 Carmen Street stated that he is also retired, can’t afford off-site storage, and likes to work on his boat. Tom Albertson stated that if the ordinance were made more restrictive or enforced, he would pursue a variance, as would others. It would cost the City a great deal of time and money to determine if people deserved a variance to the ordinance. Mayor Peterson closed the Public Hearing at 8:05 p.m. Sansevere stated that some size restriction was needed, but he felt it should be increased to 30 ’ and require that anything over 25’ long should be covered in white shrink-wap. Mr. Welsh interrupted to state that shrink wrap was not practical for people working on hobby boats. Flint had no comments. Nygard stated that he felt the ordinance is not suitable for a lake community. He agreed that blue is a bad color for tarps and felt it reasonable to ask people to use white tarps. WTiite stated that the fact people can’t work on their boats in a marina is a compelling reason for allowing storage on properties, but agreed there should be a length restriction. Ahoiittui I ORONO CITY COUNCIL MEETING MONDAY, JULY 9,2001 \ He stated the City should pursue complaints, and should loosen the specificity of the ordinance. K \ Mayor Peterson stated that she agreed they should relax the ordinance. She encouraged neighbors to communicate. The ordinance should go to the Planning Commission to research possible changes. She also stated she is not in favor of blue tarps. Mr. Quady stated that some lots in Orono are so small, that with the current ordinance a person couldn’t store an>lhing on his or her propert)-. Ms. Kavey asked if there was a rule stating that complaints be kept anonymous. Gappa stated that there is a Minnesota S'.afe statute requiring that names not be given out w hen a complaint is made. Nygard moved, and Sansevere seconded, to have the Planning Commission address the issue of boat and boat trailer storage, specifically considering expanding the allowed length of boats stored on properties, the appropriate areas for boat storage on a property’, issues of screening including tarp color, and if the ordinance should even exist. Vote: Ayes 5, Nays 0. ,•5-0 -o' PUBLIC COMMENTS RECEIVED Re: BOAT STORAGE (These are in addition to public comments made at the July 9 Council meeting) * Letter/fax/email attached July 6,2001 Jorgen Viltoft, IISS Heritage Lane • Boat storage should not be allowed in front of house • The same should apply to RV's, snowmobiles, etc. - City should enforce this regularly rather than just on complaint; neighbors might not be pleased with a storage situation but don't want to 'rat' on each other - Could City find a dedicated storage location for boats, etc.? Commercial options arc very limited and expensive... July 9.2001 Gabriel Jabbour, 985 Tonkawa - Ordinance was written when average Orono resident had a much smaller boat than today's average • Commercial boat storage is difTicult to find and is expensive - Larger properties should be allowed to store larger boats, small lots should have limits on size of boats stored • We shouldn ’t force residents to erect pole bams to hide their big boats, but at the prices of commercial storage, pole bams are becoming an attractive option... July 9, 2001 Carol Brooks. 980 West Femdale* • Would like City to enforce the current ordinance, doesn't like to look at neighbors boats alongside neighbors garage, covered in blue plastic, looks like a small marina, out of character with the neighborhood... July 9. 2001 Brent & Emily Lindgren, 3535 Ivy Place* - Would like 21* unscreened boat storage in side yard. 5' from lot line, or they will need to store it in the lakeshore vard... July 9,2001 Floyd & Diane Hair. 2660 Casco Point Road* - Current ordinance should be enforced to prcscr\ c beauty of neighborhood - Boat owners should use off-site commercial storage July 9,2001 Owners of 1251 Briar Street* - Concerns about RV and snowmobile storage as well as boat storage in front yard July 9,2001 Anonymous lady - City should include snowmobile storage and location of trampolines in the discussion... July 9,2001 Steve Silus, 3235 Casco Circle* • Was unaware of current ordinance; it’s clearly not being enforced on Casco Point, but the current boat storage on Casco Point doesn't bother him r - M Public Comments Page 2 July 9,2001 Shirley Hendrickson & Rick Windenburg, 3200 North Shore Drive* Establish reasonable setback requirements that are no more restrictive than for buildings, and make them applicable to RV’s, trailers, and similar items in addition to boats. Should be no requirement for screeing or covers regardless of the size, since setbacks should take care of this... July 17,2001 Marc Fritzler, 4385 Chippewa Lane- Maximum period of storage should be one year; boats stored outside should be operable and currently licensed (trailer licensed too) to owner of property. If stored properly and wrapped, boats shouldn ’t have to be screened. Proper venting of shrink wrap will avoid mildew problems, and shrink wrap will keep varmints out better than tarps or canvas covers. Firefighter access to homes should factor into allowed storage areas. Should address sailboats and iceboats as well as powerboats. July 18,2001 Robert Nelson, 679 Minnetonka Highlands Lane - does not support the concept of no ordinance to regulate the storage of boats. He would prefer the Council have an ordinance that allows the City to enforce the existing or a revised ordinance for situations when it is necessary... July 21,2001 (Voice Mail) John Pendleton, 350 North Arm Lane - we should limit the visibility in street yards; 25-30' boats OK, but should be hidden from neighbors view; doesn ’t like to look at blue tarp alt winter... : I Ju1 -09-01' 09:28A Carol G. Brooks 960 wesr fcrnoalc R oad WAVZATA. Minnesota 55391 P.Ol (VJL^lvJk>0^ ^ -ILl ) U)A,< .'UX CA^rrrJu>*y->S- '’ •'''■ '• ^ <W. i A ✓■> V - ^ K^A^A. n>A,-AA- ctX uJ^cfc^ “tJv.i-^ . 4Wa J tu>i ^\-Caa J “tLai. Oa-vlv-o'*V-i-CC (V^A^C• 0 0 ' J yuL C^-tU >'<Xa. *2^ !Tt£r2 (Xwv-i. trvcil«ti><-a (VU_ "to l>t _stoAS-,( tct Hi>«. wi-Uvi.TU-. S*0 "tAlUM \OA;-^ <^jKX<X£<fsjX^i ^ w. Q/>jaLp>i'Tfcc. XjCU»^i> Ou41 i I wJ=^-tt- ouuijcLJt^ “Q"^ <:fe«^- _> -tlvA-Jic'^^ !j)Ajuaje^wO JlJ_-09-2001 13:02 FROM HENNEPIN CO PUBLIC UORKS TO 99522494616 P.01 W'bX : jkAJLojJL __ZiSt \j.T9^uej2jP qj(j>ou^ OlSUyUU^Uj^. T’f "^^iJLa^AjLe'x£L. L^[^kA^~A,&6njeij^^ UjroUA}^j\^\ I Mike Gaffron - Orono City CouncH MeeMng July 9/01 Page 1-j From: To: Date: Subject: <FLOYDHAIR@aol.com> <mgafrronQci.orono.mn.us> 7/9/01 2;48PM Orono City Council Meeting July 9,'01 Dear Mike, I just read in the paper today that boat storage is to be discussed at tonighfs meeting. As a boat owner, motor home owner and property owner in Orono. I feel strongly that the present ordnance should be enforced. Plenty of commercial storage space is available for boat owners to store their craft I store my boat with Rockvam and my motor home on a form in the off season. One of the reasons property values and assessments are increasing in our city is because it is a pleasant and beautiful place to live. Keeping boats/motor homes and such stored commercially and out of sight is one of the ways we can continue to enjoy the beauty of our city. Thank you. Floyd and Diane Hair 2660 Casco Point Rd. Phone 952 471 0910 li i ------------ - \> kv.v Wt I » Or Or.V. ,c ^ ///.if Mf' /Z^/ ^tT ^m/£- , ~,^> 77 7/^^o> dm(/. Ui/ TfUiT^/f ijuf 4lL ^ ^£7fi. ' 7^/d/^. 7 & 7M V£?/Z 4%/ //i 'T^^Icl.- C7j^M B/!dk£C> D/rfikm Ad>A»jT ' ; w ^'t - l(^7 /'i/i77 l/i'f o /J£k/7- A /7)t ^ 0^/// />/ l/t r"^)j / . A ^ /y.^// /______ // leTf/dM u^'Ad?rr'^ i'/i^ m/mdi kir /t^/ m^^T- nf^T?}/0^7/ ja I Mike Ga^n - Re: Special Meeting on 7/09/01 Pags 1 % V c. From: To: Date: Subjoct: Mike Gaffron Steve Silus 7/9/01 5;36PM Re; Special Meeting on 7/09/01 Steve - The current ordinance has been in effect since 1967 For better or worse, the City has long had a policy of enforcing it only upon complaint. Violation is a petty misdemeanor, but it is unlikely the courts would impose a significant fine, perhaps a few hundred dollars at worst. It is not the City's intent to fine people but to gain compliance v^en a complaint is received. The Council has not concluded whether the current ordinance should be more or less restrictive. From the response to date, there are residents on both sides of the issue. j Come to the hearing! Sincerely, Mike Gaffron »> Steve Silus <sds@oilair.com > 07/09/01 04:07PM >» Dear Mike Gaffron, Being a resident of Orono for a number of years, I was suprised to see in the paper that there currently is an ordinance controlling boat and boat trailer parked on residential property. I am curious as to why this meeting is being held? Is it to have the ordinence removed from the books or have it made more restrictive? What is the current penalty if this ordinence is broken by a resident? Living on Casco Point, a person would never know that there is an ordinence. There are large boats parked in a number of yards which are not fenced and out of view. There are a number of smaller boats and trailers that are parked closer that 10 feet from the property line and in plain view all through the year. Now, I am not saying that these situations bother me, because they really do not. I am saying tnat it seems very rediculous to even discuss this matter when the current ordinence ts totally not being enforced. I would very much appreciate your returning answers to my questions Steve Silus 3235 Casco Circle Wayzata (Orono), MN 55391 I Subd. 13. Exterior Storage in "R" Districts. In all "R" Districts, all mobile materials and equipment shall be stored within a building or fully screened so as not to be visible from adjoining properties, j^xccpt boats aud uiiovcupiej trailers less than 20 feet in length, wliich are not stored for commercial pui posts, if stored to the rear of the house and a distance of 10 feet or more from any property hoe except that boats, unoccupied boat trailers, and boats on trailers shall he subject to the following storage requirements when not stored for commercial purposes: A. & E a All boats stored outside on a residential property shall be licensed to the owner or occupant of the property, All boats stored on a property shall be in operahig condition, expypt iROPprablc boats under under active restoration may be stored on a property for not more than Lwq_ years, the intent being to discourage the long-term storage of inoperable hoats residential property. No boat-Shall be stored on a property or on a group of contiguous commonly owned properties that does not contain a principle residence structure. Boats and unoccupied boat trailers exceeding 44 feet in length or 13.5 feet in heieht. shall not l»_StQred on anv residential property except within a fully enclosed building meeting all applicable zoning and building code stand.ird«; Boats and unoccupied boat trailers not exceeding 44 feet in length or 1 I S feet in height mav be. Stored outside on a residential property to the side or rear of the principal residence structure, and shall be located no less than 10 feet from anv lot line. Boats and unoccupied boat trailers less than 20 feet in length mav also be stored within thedrivewav in the street yard of the principal residence stn>cture during the months of June through August as long as a setback of 10 feet from all lot lines is maintained. E» Boats shall be stored so as to not block lake views enioved by adjacent neighbors. Where disputes between neighbors arise in regards to the storai»e nf boats, a dispute resolution committee comprised of________________shall have the authority to resnlv<» such dispute if agreed to bv both parties. Complaints regarding boat storage shall nnlv he addressed when made bv the owners of adjoining properties. ■r ■ -A TO:Chair Hawn and Orono Planning Commission Members Ron Moorse, City Administrator FROM:Paul Weinberger, Zoning Administrator/Planner DATE:August to, 2001 SUBJECT: #0 1 -2699 Jay Nygard 1386 Rest Point Road Variances -- Public Hearing Application #01-2699 is incomplete. Theapplicantneedstosubmltacertifiedsur\ey.hardcovercalculations and a proposed floor plan sketch with dimensions. The application will be tabled. Staff Recommendation Motion to table application #01-2699 and continue to the next available meeting. K i TO: FROM: DATE: Chair Hawn and Orono Planning Commission Members Ron Moorse. Cit\ Administrator Wendy Bottenberg. Zoning Adininistrator/Planner August 10. 2001 SUBJECT: #01-2700 Vincent & Virginia Anderson 1855 Concordia Street Variance - Public Hearing Zoning District: Lot Area: LR-IC One Family Lakeshore Residential District (.5 acre) 26.860 s.f. (.62 acre) List of Exhibits A B C D E F G H I J Analysis Worksheet Application Site Plan/Survey Description of Request/Hardship Statement Hardcover Calculations Photos of Property Location Map Property Map Property Owner ’s List 1982 Approved Site Plan Pertinent Code Section: I. Section 10.22, Subd.2 and Section 10.56. Subd. 16(L)(2): Hardcover in 0-75': Within 75’ of the lakeshore there shall be no hardcover. Variance Request: To permit 49 s.f. (.53%) hardcover where 0 s.f. (0%) is allowed. 2. Section 10.22. Subd. 2 and Section 10.56. Subd. 16(L)(2): Hardcover in 75-250 ’: Within 75- 250' of the shoreline there shall be no greater than 25% hardcov er. Variance Request: To permit 6.060 s.f (34.35%) hardcover where 4.410 s.f (25%) is allowed. Description of Request: The applicant is requesting variances to replace old and deteriorating wood decks and walkwavs. fhe decks and walkwavs lie in the 0-75' setback area and 75-250' setback area. Part One: Replace a small section of walkway and steps which lie within 75' of Lake Minnetonka. The walkway and steps lead from the house towards the lake. The hardcover is not changing in this setback area. It will remain at 49 s.f (.53%). (Picture-Exhibit F-1). Part Two: Replace the wood deck by the front door (Picture-Exhibit F-3) and other walkways surrounding the residence which lie in the 75-250’ setback area. The applicants also propose to enlarge the deck^patio on the north side of the residence. tt0l-2~Q0 Vincent/Virgli'ia Anderson I8S5 Concordia St. Variances 810 2001 Page / s The hardcover in the 0-75’ setback area will not change. The applicant is replacing what already exists. The hardcover in the 75-250’ setback area will decrease from 6,084 s.f. (34.49%) to 6.060 s.f. (34.35%). The increased patio area adds 101 s.f. of hardcover, however the applicant is removing 125 s.f. of hardcover. The hardcover removed consists of a wood walkway and patio blocks. Statement of Hardship : The applicants have included their statement of hardship in Exhibit B. The applicants should also be asked for their testimony regarding this issue. Issues for Consideration; I. The 1982 approved site plan (Exhibit J) differs minimally from the current existing site plan, in that today there are a few more areas of wooden walkway around the house. It may be important to note that although the 25% hardcover limit has been in effect since 1975. it wasn't strictly enforced for new home construction until ca. 1984, and the home at 1855 Concordia was approved without the need for hardcover calculations. It probably has always been in the 35% range since it was built. There have not been any addition to the residence since it was built in 1982. 2. The hardcover in the 0-75’ is not changing. 3. Structural coverage is not a concern with this property. 4. Other issues raised by the Planning Commission. Staff Recommendation ; Staff recommends approval of the requested variances. U0t~2700 Vincent/l'irginia Anderson 1855 Concordia S(. Variances 8/IO/200I Page 2 riii^ tttinfti lilt - Lot Area; ANALYSIS WORKSHEET B CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee $250.00 ($50.00 per each additional variance) Renewal Variance Fee $150.00 (no change from original application) Variance for non-conforming structures $250.00 After-the-Fact Fees (Double application fee) Application U 0 !^“70^ Date Received 2.00 / Amount Paid 2^ OO PROPERTY INFORMATION Site Address /€ £>/ A ^7" Property Identification Number (P.I.D.) /7^//7-3l3 Attach legal description to application if not included on requited survey. Date Proper^ Acquired____^/A ^^_______■'.(month/year) I (do) (do also own the adjacent parcels of land. Present u5Cm property: Presidential ___pother (specify) Zoning District: L.K-IC__________________________ APPLIC.ANT , Phone (home) Name l//kj rrAjT 1/' //? c, fju/A HKj T>r RSo aj Phone (work) - — ________ Address:C/iK,rc/^h,a St City: ________Zip: 0)VNER (if different than applicant) Name ,.'/s-Mc2_____________ Address: k}^V2/V-f-4- CHA^lL(Ji<iy Phone (home)___ Phone (work) City:.Zip:. DESCRIPTION OF REQUEST Describe request in detail: Estimated Construction Cost S ATI"u c: 7^ (attach additional sheets if necessary) VARIANCES REQUIRED Lot Area Lot Width H ardcover Lot Coverage Setback:Front Side Rear Average Lakeshore Other (specify) HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing compliance with Zoning Code requirements:_____________________________________ ^T~rAr^tP^> s~A//rjg7~ (attach additional sheets if necessary) O 1 REQUIRED SUEMITTALS All of the following information must be submitted bv the application deadline date in order for your application to be considered complete; 1. 2. 3. 5. 6. 7. 8. Completed Application F^rm Certified Property Ovvners List of ouners within 150', labels and plat map (you must obtain this list, labels and map from Hennepin County Department of Finance, A-603, Govt Cenferf 348-5910). Certificate of Survey (signed by a licensed surveyor) and include hardcover calculations as required. In addition, provide one (1) copy 8'/j" x 11" for reproduction. Topographic sur\ey (existing and proposed elevations) if any changes in existing grade are proposed. In addition, pro\ide one (1) copy 8'/j" x 11" for reproduction. Sketches or plans of floor & elevation views (provide one (1) copy 8'/i" x H"). List of the legal names (include marital status) of all persons with an interest in the property. This would include name(s) of applicant(s) if not current owner(s). As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. Additional items as may be requested by City staff. The Applicant and Property Owner must- sign this application. Please remember that vour variance application is not complete if the above information has not been included. APPLICANT’S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or consultant e,\penses incurred in review of this application, and certifies that the information supplied is true and co^ct lo^e best of his/her knowledge. Applicant’s Signatur^-'^Ky/ , y ______ Date 7^^ / 7-/ 7 OW'NER’S SIGNATURE The owner hereby acknowledges and agrees to this application and further authorizes reeisonable entry onto the property by City staff, consultants, agents. Commission members, and Council members for purposes of invesUg^on and verification of this request. Owner’s Signature^Date 7-/7- cj Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Plarming Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. #2700 ^ropot><jA C- PROPOSAL FOR VINCENT ANDERSON OF LOT 2. BLOCK 1, FAGERNESS WOODS HENNEPN COUNTY. MBWCSOTA • • *1^ # • • # . • ^ IK r\\ i C - C:.0 HAC!>!3VI« (WAOO WA wR 4M^ ^ HAOftOvftR r^tMOvao CrgU7CCT R.47*/.3j; total. h*HPCo^s,4, total HAKDCOsjan 0 !0\ C^a mr tzs ^0 ^ legal oescrftion of presses Lot 2. Block 1. FAGERNESS WOOCS T>«t t^voy thowt tho bout^»#t of tbt o6ovf dtfCfiM pfopofty. or>d tho locotioo of on ovisting howM. ployhoutf. and d ot^or visibif **hardcov«f*' thoroon. it do«s not purport to fhow any othor improvonnintf or oncroocNnonts. o Iron morkir Boorin^f d>o«n art boMd i^on on otsumtd Oct cm GBONBERG k ASSOCUTSS, INC 44ft H dJLOV OR. lONO UOC. MR MSI 032-473-4141 «MT ym iCMi MflrcAiiM ot IMA I All A M OAfC JITTT f-20* •Alt V17/01 xm «c 01-1R7 I • CERTIFICATE OF SURVEY FOR VNCCNT ANDERSON OF LOT 2. BLOCK 1. EAGERNESS WOODS HENNEPM COUNTY. MM4ESOTA c LEGAL OESCRFTtON Of PREVISES Lot 2. Bk>cV 1. FAGERNESS WOODS This turvty shows ths bOiTKjarits of tho obovs described property, orv] the tocotion of on eiistmd house, pioyhouse. and cP other visible "hardcover** thereon. It does not purport to show any other irnprovtments or encroachments. o Iron mortter Bedfings shoim ore based upon on assumed datum •» : CRONBESCI ASSOCUTSl OiC OR. LONG UMC. IM. 8UM •53-473-4141 lot eeI isio i omrr insi imb njni toM (MS w It ibui 9 9mm£ Tsr I i i f SAW t/17/01 M •*fW .ff-/ A # * * - K t 1 s • b • • M V# w € 0 s b^SCf^lPT/CKl OP- R£(^ixes’7 V */ r;.--^5* C-«r V TO R£PLAc:£./RePA\K TAB l8VS/i-^ OLb VJOOD bBCKS Ayjb UiAtKr AN^ A-bI> to Tf4E, hs<iK/P/sfrio TH-e VOftT-/f ^ihB. OP TH-C. HOUSl^,. i H-B. Abb8\> P/^TtO AKr^A /% /Cl SO. FT coAtcn W/^U OPFStSr BY FLCH^MlACf /^S Sq FT <o p: HAR.T> co \je.r. H^^l>:yAlP/DBS^K.tPT/cjO aF UKJUSUAL. Co/J^rryc/J^ TH-t^ House.^ UJA\Mofir^S ARt> biTcniS SUiLT OAJ A l-OT 'THAT’ ah ISlOATeSN pO<iT~ bR.<^P /N E.UPUATiQ\i FR.OM THE SOUTH BAST Ca/^AOEft. TO TAZ NOR.TH C0GL5-7 THIS j<j s-cass it-^tcu tas . op tu-ctcs AHS> UJ ALIFUJavs , Tpe.se: 2>Bootes Afu^ u/auiauia YS arts /Q YizARS C>L~X> A-H)X> CSB.t> TO SB R.epUACG.t>/RlBrAIR.^h. P 1 (1 ■\ !i ' 1 i VlMcewr AND6/l5^/si LO”, Z- / K/'<Sns4iMC<55 y/c^c.^ HAR OVER CALCULAllUtN WORKS .Kl SETBACK ZONE: (CIRCLE ONE) f^5’ EXTSTfNG HARDCO\TER fN ZONE A. Hous« Length X X X B. Garage • C. Drivewav X X D. Sidewalk £.2 X X E. Paiio/Deck X X F. Landscape Underlain By Plastic Or Fabric 7^/Afope X X X G. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A 4? ^ B PROPOSED HARDCOVER IN ZONK A. House Length X X X f B. Garage C. Driveway X X D. Sidewalk X X E. Patio/Deck X X F. Landscape Underlain By Plastic Or Fabric X X X G. Other TOTAL HARDCOVER IN ZONE total PROPERTY AREA IN ZONE 75-250*2au-500*500-1000' WidUi G.£ S3 a 49 9zzo X 100 WidUt S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. _S.F. _________S.F. 0.5 3 % S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F4 S.F. S.F. E' A B IS.F. . S.F. A B • ^ \jinc,e.>jr /;NO£asc>^ HARDCOVER CALCULATlUtN VVUKR^H±.iM ' SETBACK ZOiVE: (CtRCLE ONE) 0-75’ (iS-2S0 250-500*500-1000* A. Housi X o S3 GO Sr % • X \V;ea 4^9 Z?d-4 //A S.F- (LoKfr.. X B /S.F. • X S 3ZO S.r. //W'ffoo . • B. Corajs X • • 1 • ld/> S.F. <=..D£r.. C.* Driveway X KT<y oa.. /<3-ZC, S.r. X B S.r.' D. Sidewalk 24^ S.F. A-5- P /.*5 \a / 3^ S.F.• E. Patio/Deck s ^ X m /z ^ e c5.r. X a s.r. F. Landscape X a S.r. r“/A^ r Underlain X 0» / 3 a /O S.F. 2*7~ja 4/^ By Plastic X a S.F. U/a. Of Fabric G. Other g.S S.F. • total HARDCOVER IN ZONE m • • S.F. A lUI AL PROPERTY AREA IN ZONE •/7(.4^ S.F.. 3 • rV •^7^4-0 X ICO »34-.Ta PROPOSED RARDCOVFR fN ZONE A. House X _33 00 S.F. Lcn|«J) X WiiJA a •. . pj-4-yf/rci/x^ S.F. C'^j CC. AP/ld. X a V S.F. i^jccbc^ X as *3 / S.r, a/. ic' • B. Garage X /f/Z5 S.r. S'. 'bBCC C. Drivewav X a S'O /jCO, S.F. X 8 S.F. D. SidewaJk pA-TT(^fi/i^Cb S.F. /. S" ^ X . c,o Sb / s..=. E. Patio/Deck _3 X y / iz. S.F. X S.F. « • F. Landscape t HL LP- X s-S.F. C "Ttf-.SP*'Underlain X a./3 8 y ^ S.F. * ^By Plastic X 8 *?/ S.F. ^tfc«r Hj Mll.Or Fabric •* • 1. G. Other (^/ip C X ^ S.F. TOTAL HARDCOVER IN ZONE m C^O^O ■• S.F." A TOTAL PROPERTY AREA IN ZONE A -r B / </£> X ICO - / 'll. <fO S.F. r. I 1^ • I- V ' r r ■•.' {• \ I ; I •» - tn: ilk' w *. • --■w^ ■• 11^ ^ t? ■ ^ •: ~ w B JrT^ IjAaA'I’^ 5. 1-f '1. ■r ^A'3B -!• ~— '.'r^ >. ^ f »v _ r ^ s • . TA 'V.\ f( I y>' ; roJrA-fi- ; ^ . • ^V. r i V?3!» ■.J . .O j-i- - •J:in\iijn«:. • ••-'■ iiil / • ■• • A “^4. ■" ■■■■' iiais?:' _. —r*-j M &!iSis^t:- mSP" m rVr.XA. *5 is?; * *■- '- ■S>' “'•' V- ' ■^i'Jftiivft'. ■ • • V Maxwell '' ^ Maxwe i'x,i f?: r^- » Arm1 XA Vv^'.C; - '• .. ' ■■ • •' • ■ '*A\i • • - A ■'. •:v i-i-■• • 1 « i .t'/ ■OHMS M POINT a >u *■ Crystal V nflS ^' LI" ;\ • Boht Bay] \ •tSG»» - [cmT>^narrnrn M|JD \ .2-<cr7-^ i('S; j^TSre -// Carman {^4 ^vPRO D I p" ^ i 'KJ 'Parcel Information . e Parcel ID 1711723220038 House Number 1888 - / Street Name CONCORDIA 8T . W$ - Comiomlnlum • .*»• • 4 \ ! ThJs Is not a legally recorded map. It npresents a compilation of Infdnnatlon and data from City. County, and State road authonties artd other aoutcaa. mJN DATE AT/ll/ll BATCH SfS NEIMPDi COUNTY PROPCiTV INFORNATXQN SYSTEM PKOPEITY OUNEBS LIST tEPOBT NO. PXASBAti PACE IS . i POOP ADOB OUNER NAME TAXPAYER NANE/ADDR SB 17-117-2S 22 IBIS •1B25 CONCORDIA ST L P B S t 6EHL LARRY B SHARON QEHL 1B2S CONCORDIA ST NAYZATA HN BSSYi SB 17-U7-2S 22 IBIS B17BS CONCORDIA ST K T DULIN BOO OULIN KEVIN OUiXN B BARBARA DULIN 17BS CONCORDIA ST VAYZATA HN 5SSB1 SB 17-117-2S 22 BB2S BIBBB CONCORDIA ST P D B K J HANSEN PAUL B KAREN HANSEN IBBB CONCORDIA ST HAVZATA HN S5SB1 PROP ADDR OWNER NAME TAXPAYER NANE/ADDR SB I7-117-2S 22 BBSB B1B55 CONCORDIA ST V R B V B ANDERSON TRUSTEES VINCENT B VIRGINIA ANDERSON IBS5 CONCORDIA ST VAYZATA HN 55S91 SB 17-1I7-2S 2S BBB2 B1BB5 CONCORDIA ST JANES V PECCHIA JANES PECCHIA IBBS CONCORDIA ST VAYZATA HN 55SB1 SB I7-117-2S 2S BB2S BIBSB CONCORDIA ST STEVEN D TOVLE ETAL STEPHEN D TOVLE BUS PINNACLE DR OLDSNAR PL SBB77 PROP AOOR OWNER NANE TAXPAYER NANE/ADDR SB 17-I17-2S 2S BBS2 BIBBS CONCORDIA ST J J TVIDVELL B N A TVIDVELL JEPPRY J B NANCY A TVIDVELL IBBS CONCORDIA ST VAYZATA HN 55591 TOTAL BATCH 5B5 BBBB7 I CERTIPY THAT TNE PACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OP XNPORNATION AS IT APPEARS THIS DATE ON TNE RECORDS OP TNE HENNEPIN COUNTY OEPARTNENT OP PROPMTY TAXATION^ TO TNE BEST OP NY KNOWLEDGE AND BELIEP DATE * y ;f i: MtTNCNT or flOmTV TAXATION, TO TNE OEST W Mi-: 9 Z 11 i I 4 * I # ,l!l f Dale of Complete Application: 60 Day Deadline: 7/17/01 9/16/01 TO:Chair Hawn and Orono Planning Commission Members Ron Moorse. City Administrator FROM:Paul Weinberger. Zoning Administrator/Planner DATE:August 15. 2001 SUBJECT: #01-2701 Mark and Cecilia Schulte 3477 Livingston Avenue Variance - Public Hearing Zoning District:LR-IC One Family l.akcshore Residential District List of Exhibits A D C D E I- G H I Application Statement of Haidship Plat Map Survey Hardcover Calculation Worksheet Garage Views Site Photos Property Owners Notification List Compilation of Surveys Application Summary Property owners have applied for a variance to permit construction of a 16' X 26' detached garage 5' front the side property line where a 10' setback is required. Seeiion 10.03, Subdivision \> (.F) requires accessory structures meet a minimum 10 foot setback to anv side lot line. Discu.vsion Property owners have proposed to construct a detached garage that would replace an existing car port that is attached to the house. The car port is a non-conforming structure due to the fact it is built out to the cast property line. The proposed garage would be located to the rear of the house because it is the only location detached structures can be built. Locating the garage in front of the house would not be allowed as zoning ordinances do not permit accessory buildings to be located closer to the street than the principal dwelling. The only place on the property the garage could be located and ntect required setbacks is in the center of the back yard. #0i-2701 Mirk and Cccilii Schullc 3477 Livingsiori Avenue t2om Pa^e 1 of 3 Hardship Placing the garage in the center of the back yard would create a difficult drive access. The driveway would have a sharp turn to maneuver because the drive would have to wxap around the house to access the garage. Backing out may not be possible in such a tight area. A garage meeting the 10* setback would also pose two other issues, a longer driveway requires a greater amount of hardcover and the garage would take away the ability for the property owners to use their back yard. They have requested a 5' setback to have a straight in/straight out access to the garage and to not have to change any of the access to the property. The 5' setback allows the adjacent property owner the ability to build within 5' of the propt'rty line and maintain the 10' required distance between structures. The proposed garage will be appro.ximately 12 ’ from the nearest point of the neighboring residence structure (See Exhibit I). Recommendation Staff recommends approval of the variance based on the discussion and hardships noted above, subject to the condition that the car port is removed. The property owners have stated they do intend to remove the car port. Options for Planning Commission Action 1 . Recommend approval of tl ance t line w here 1 O' is required. •e garage to be located 5' from the side lot Recommend denial, stating reasons. 3.Table. 4.Other action. tfOl-2701 Mark and Cecilia Schulte 3477 Livingston Avenue g/20/01 Page2of3 1 ANALYSIS WORKSHEET Lot Area; LR-IC Lot Area Required 1/2 acre Actual 6,725 s.f. (0.15 acre) Structural Coverage; Total Lot Size Total Structural Coverage 6,725 s.f.Allowed: 1,500 s.f E.xisting: 1,474 s.f Proposed: 1,302 s.f * Regardless oflot area, every developed lot shall be allowed at least 1,500 s.f. of lot coverage by structures. Hardcover Calculation; Distance from shoreline Total area in setback Allowed hardcover Existing hardcover Proposed hardcover 500-1000*6,725 s.f 2.354 s.f (25%)2,004 s.f (29.8%) 2,172 s.f (32.3%) 4 i 4 iOl-2701 Mark and Cecilia Sdiiiltc 3477 Livinpton A%cmic %nm\ Page 3 of3 A $ CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee $250.00 (S50.00 per each additional variance) Renewal Variance Fee $150.00 (no chrmge from original application) Variance for non-conforming structures $250.00 After-the-Fact Fees (Double application fee) Application # (9/~Z70/ Date Rccched" 7// 7 /0} Amount Paid 7.^0 PROPERTY INFORMATION Site Address 3V77 Propert>- Identification Number (P.I.D.) /7-/Z7-23 OQ(cH Attach legal description to application if not included on required survey. Date Property Acquired ___________________• I (do) (do not) also own the adjacent parcels of land. Present use of property: X residential ___pother (specify) Zoning District: C____________________________ (month/year) APPLICANT Phone (home) -ofliG_____ Name jyjftPK. E. HUL TzT *_________ Phone (work) 3 - 73 Address:3 y 77 /iUiT City: _______Zip: Oi 0\\'NER (if different than applicant) Name /I1. Address: 3v77Lrc»rrvc;.4T-)/-^ A.v^r . Phone (home) l'-0d^\C Phone (work) y-T /1 I ’ _____Zip: j322 i2_L —City: I t DESCRIPTION OF REQUEST Estimated Construction Cos^ $_ Describe request in detail: J’^fVd’Lti' ______ (attach additional sheets if necessary) VARIANCES REQUIRED Lot Area Lot Width Hardcover Lot Coverage Setback:Front ^ Side Rear Average Lakeshore Other (specify) HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing compliance with Zoning Code requirements:_____________________________________ (attach additional sheets if necessary) #270 a i o-^ OfonCj 7-53-^/ *11x11, r>eascrnt? OUf -Qrp lUcxr vOcr\C€^ it? •vWv.'t ’ o'-^-r bacW ^ar<!L uO<?alcL biL, :^inr\DAjl8.r to-o \,0^vCfc uj)v V mi-- lO-^eol" p/^cpcr^^ i}jj,\JL J CKt> C.C\XJjlA^ -VVjL priOpA/p'f^ rL'-^S>* /)■ SjC j .our (i-rioe-tocv^ oocujIcL Kcvv.^ aA^l-e. arcundt- .IViL KotA^Sfi, *Vr> l-ft-ojL -Vo vbvA-c^ara^-e ' Tixi'b ^jLii.rr»s i4o bx-Wa_ cnr»l^ tOcv^ Can hoarVi^-cuVl irr\v;\jc:W ov,v.r bcv^-WyarcL at> pOt>slb;e* ars^ .pla.A(\\A^ bo Acruon cur ‘SjWdLs ^ hop//i^ bW* 1bvA_ ‘ >jc/^ n I. '~V^r* * v< • ^ :•w i • • i* /I« ;i MlA* I: I; i « i ■ t. .f 1 JmJ „ ___ CERTIFICATE OF,^RyEY LIVINGSTON AVENUE ppg;CRIPTiON.L lot 11. BLOCK 5 NAVARRE HEIGHTS. HENNEPIN COUNTY. MN (CIRCA 1909) 50.0 LOT 12 \\ N90*00 E 50.0 \_i 50.0 LOT 17 50 0 LOT 10 500 rotcc - LOT'18 LOT 19 g) 2001 SURVEY «e REPROOUCTION PROHlBlTEO SCALE IN FEET LEOaiB • IRON MONUMENT FOUND O IRON PIPE SET AND STANDARD OF WORK FOR SURVEYOR BASED UPON "NORMAL* STANDARD OF CARE REQUIRED BY LAW MARK SCHULTE 3477 UVINGSTON AVENUE ORONO, MN 55391 712 952-471-0210 I HCKBY CERUrr that this wamno rcpresinis a HOUNGCK UMNCSOTA RCQSmAIMN NO. 10890 DATE: T%. Survey k. jPPW&.SSmii • UMmWVCtMO • OWmiCTOI $TV»iO TOO, mz OOflMLIii a«-«n IM« MtE, m i* HARDCOVER CALCULATION WORKSHEET SETSACK ZONX: (CIRCLE ONE) 0-7S* 7S-2S0* 250-500* A. House Leai^ X X X B. GiraWCar -Porf «p • • • m *• • C. Driveway ••• • .• X X D. Sidewalk X X E. Pado/Deck X X F. Laadsc^e Uaderlain By Plastic Or Fabric X X X G. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A B PROPOSED HARDCOVER IN ZONT. A. House Ltai’A X X X B. Garage C. Driveway X X D. Sidewalk X X E. Patio/Deck X X F. Landscape Uaderlain By Plastic Or Fabric X X X G. Other TOTAL HARDCOVER IN ZONE : aTAL PROPERTY AREA IN ZONE A _ _ _ + B giU> .S.F. WUih S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. • S.F. S.F. ZOO^ xlCO gf S.F. S.F. S g8(p S.F. VTteex S.F. S.F. S.F. S.F. S.F. S.F. fix > S3. S.F. S.F. S.F. S.F. S.F. S.F. S.F. B S.F. 2<7 ^S.F. xlOO - VUZ-tX ST f* COuxT f- \ (esiM# 20955 ( MENARDS Design-It “ ^) 7/10/2001 ** Tal» this sheet to the Buildiej Materiels eeoater to purchase your materials. 'ou selected a garage with these o|ttions: 16' Wide X 26' Deep X 9' High Gable roof «f/ 8/12 pitch rafter construction. 0" gable/12" eave overhangs. 7/16" OSB Wall Sheathing. 7/16" OSB Roof Sheathing. Slate Blue Vinyl 4" Double lap Siding. 20 yr. Standardglass, Dual Gray Shingles. Pine Soffit & Fascia. Galvanized Aluminum Regular Roof Edge. Pine overhead door jamb. f oday's cost for materials estimated in this design: $ 2388.94 Base garage without options: $ 1417.26 *The heie price iodides: 0* feve/0* 6ehle Overhcojs, 2X4 Well Studs, 7/16 OBS RNf Sheethio), 20 yr. Fiher|leis Clessio - Oofi Blech Shiojles, fioe Fesele, Bduaised Rcfuler Reef Edfo, t* Toitired Verticd Kerdheird Wdlc), No Servico Doors, No Overheed Deers, No WinliM. or Any Other Optleas. * • T‘ i: j rCil/ :/ • I •J 0^ Trp \)\r<>>' Vr \ r\ ..A*to i /j i(/ 'i ///C p o/y 'i OAp U/. >) c \)<r\i.J <,oO- \J r’rotvx I t ■' ■ ■ 1 f:.r?'-. V *> - ' V *..»<<IH- 2t ' Hi iniu n // //j- ’// '/A'/' .v/y^ -r \/**^vj Frofvi Rc^y RUN DATE t7/17/61 RATCN SOI PROP ADDR OWNER KANE TAXPAYER NANE/ADOR PROP ADOR OWNER NANC TAXPAYER NAtfC/AOOR PROP ADDR OWNER KANE TAXPAYER NANE/AODR PROP ADOR OWNER KANE TAXPAYER KANE/AODR PROP ADOR OWNER NANE TAXPAYER KANE/ADDR PROP ADDR OWNER NANE TAXPAYER NANE/AODR NENNEPIN COUNTY PROPERTY XNPORNATXON SYSTEN PROPERTY OWNERS LIST REPORT NO. PXASS^Ol PACE 1 Sa 17-117-25 A5 Oils •5472 LIVINGSTON AVE C T VERSAILLES ET AL CHESTER I NELOOY VERSAILLES 5472 LIVINGSTON AVE WAYZATA NN 55501 sa 17-117-25 45 0017 05400 LIVINGSTON AVE 6 CARTALUCCA I K BOE GEORGIANA CARTALUCCA KEVIN aOE 5400 LIVINGSTON AVE WAYZATA NN 55501 5B 17-117-25 45 OOIB 05452 LIVINGSTON AVE WILLIAN R NAXWELL XX t WIPE WILLXAN R NAXWELL XI 5452 LIVINGSTON AVE NAVARRE NN 55501 sa 17-117-25 45 0005 05445 LIVINGSTON AVE CAROLYN N TILLOTSON CAROLYN N TILLOTSON 5445 LIVINGSTON AVE WAYZATA NN 55501 sa 17-117-25 45 oooa •5475 LIVINGSTON AVE WILLIAN F ALLEN I WIFE WILLIAN F ALLEN 5475 LIVINGSTON AVE WAYZATA NN 55501 50 17-117-25 45 0000 05477 LIVINGSTON AVE N i SCHULTE i C N SCHULTE NARK a SCHULTE 5477 LIVINGSTON AVE WAYZATA NN 55501 sa 17-117-25 45 0070 05405 LIVINGSTON AVE VERA TEETZEL VERA TEETZEL PO BOX 210 SPRING PARK NN 55504 50 17-117-25 45 0071 •5400 LYRIC AVE JANES ALAN JOHNSON JANES ALAN JOHNSON 5400 LYRIC AVE WAYZATA NN 55501 50 17-117-25 45 0072 00050 ADDRESS UNASSIGNED HENNEPIN FORFEITED LAND BRADLEY JANES GLEASON P 0 BOX 52 NAVARRE NN 55502 50 17-117-25 45 0075 00050 ADDRESS UNASSIGNED BRADLEY J GLEASON BRADLEY J GLEASON PO BOX 52 NAVARRE NN 55502 50 17-117-25 45 0074 05472 LYRIC AVE BRADLEY JANES GLEASON BRADLEY JANES GLEASON 5472 LYRIC AVE WAYZATA NN 55501 50 17-117-25 45 0075 •5400 LYRIC AVE E L HURRAY OPS ROSS E L HURRAY IPS ROSS 5400 LYRIC AVE WAYZATA NN 55501 50 17-117-25 45 0070 •5444 LYRIC AVE F L I S E HITTELSTAEDT HR/NRS FRANK L NITTELSTAEDT 5444 LYRIC AVE WAYZATA NN 55501 50 17-117-25 45 0150 05400 LIVINGSTON AVE D P DOSHAN ICO DOSHAN DAN P I CHERYL 6 DOSHAN 5400 LIVINGSTON AVE WAYZATA NN 55501 50 17-117-25 45 0141 •5475 LIVINGSTON AVE SARANNE W ANDERSON SARANNE W ANDERSON 5475 LIVINGSTON AVE WAYZATA NN 55501 TOTAL BATCH 501 00015 #2701 CER EXHIBIT A re RESOLUTION NO.__ 1 10 Application Dale: Deadline: 7/18/01 9/17/01 TO:Chair Hawn and Orono Planning Commission Members Ron Moorsc, Cit> Administrator FROM:Paul Weinberger, Zoning AdministratonT*Ianner DATE:August 13, 2001 SUBJECT: //OI-2703 Orono Baseball Association 1030 Old Crystal Bay Road Conditional Use Permit - Public Hearimt Zoning District:RR-IB, One Family Rural Residential List or Exhibits A B C D E F G H I J K L M Application Orono Baseball Association Letter of Application (July 18. 2001) Orono Baseball Association Lener - Revised Plan (August 3.2001) Orono Public Schools Board of Education Approval Letter (July 12. 2001) Plat Map Survey Site Plan Rev iew of February 2, 1994 - Jeanne Mabusth Memo Map of Land Leased to the Ci . of Orono from School District Plat Map Ball Field Construction Plans (AJA Associates) Orono Comprehensive Tiail Sy stem Plan Proposed Trail Connection Map Property Owners Notification List Review of Request Orono Baseball Association has submined an application for a conditional use permit requesting approval for construction of a third baseball field at the Lee Carlson Fields Comple.x. The property is located south of County Road 6 east of Old Crystal Bay Road. The property is owned by the Orono School District and leased to the Baseball Association. When not being used for baseball the outfield areas would be used for youth soccer fields. The two e.xisting baseball fields are designed for play for up to about 12 years of age. The new field would be built larger and would be made available for high school use. The new field would not include lights. Games would only be played during daylight hours. To accommodate the new field a new drive entrance would wrap around the north side of the existing baseball fields to a parking area west of the new field. iO 1-2703 Orono Baseball Association 1030 Old Cr>ital Bay Road S/2a01 Page I of 5 Background - Lee Carlson Fields and School Property- In 1994 the Orono Baseball Association (OBA) constructed the two existing baseball fields on the property. No Conditional Use Permit was required for the west '/s of the property. The City of Orono has leased the west ‘A of the property from the Orono School District. The City has then leased the property to OB.A. It was the opinion of the City Attorney that as long as the City was leasing the property from the School for a period greater than ten years that the baseball fields would be considered a permitted City park use. The lease betw een the School District and City of Orono was entered into on April 15, 1994 for a period of 19 years and 11 months, terminating on March 15, 2014. A copy of the land area that is leased to the City, and from the City to the Baseball Association is attached as Exhibit H. The Code permits any municipal use in the zoning district. The east lA of the property is the proposed location of the new baseball/soccer field. Since the City does not have a lease for this portion of the property and it is owned entirely by the School District a Conditional Use Permit is required for the construction. Schools and their associated facilities require a CUP or CUP Amendment when such facilities are proposed. As a condition of approval of the new Orono Middle School all the properties located east of Old Crystal Bay Road have been combined into one parcel. The parcel includes the baseball fields and Middle School. In 1999 the CUP for Middle School construction was approved and the school opened the fall of 2000. Site Lavout The access road w ill be an extension of the existing access from Old Cr> stal Bay Road. The road will lead to a 48 stall parking area west ot the ball field. In addition, the parking area will include a turnaround with a 65' radius. The 65' radius is 15' narrower than a tvpical cul-de-sac width. The City Engineer and Fire Marshall shall approve the final design and dimension of the turn around. The turnaround area is necessary for traffic flow, safety and to provide a suitable drop offsite for the fields. Pedestrian access w ill include a sidewalk that would be located adjacent to the new parking area and provide access to a future trail extension along County Road 6. Staff has requested Hennepin County to comment on the trail plan since it is adjacent to the County right-of-way. The trail connection would not be constructed by the Orono Baseball Association due to lack of funds. The City of Orono would not require construction with the CUP. We can only require park dedication or trail construction when property is being platted and new building sites are created. The Park Commission reviewed the request at their meeting on August 6. 2001. They commented they are supportive of a set aside of land that could be used for a trail cormection in the future. The land could be designated for trail use by granting of an easement along the proposed trail corridor. The trail corridor would be determined following concept approval of the site plan and trail easement would be granted by the School District to the public. iOl-2703 Orono Baseball Association 1030 Old Crystal Bay Road 8/20/01 Page 2 of 5 j Also shown on the plans are batting cages, a 24’ X 36' storage building, play lot and announcer s booth. West of the existing fields the OB A is proposing to replace an existing storage shed with a larger shed and expand the parking area along the entrance drive. Setback for Right Field Fence Fence regulations prohibit any fence from exceeding 6’ in height along the east property line where the right field fence is located as well as a bullpen. The final set of plans shall indicate fence heights to determine if a variance is required to exceed 6'. A fence can not exceed 6* when within 30 ’ of the property line. RavineAV etiands A wooded ravine separates the baseball fields from the school property. The ravine is a designated wetland. The proposed improvements do not encroach within the protected area around the ravine. The City of Orono ’s 1974 wetland inventory did not classify any of the wetlands on the property as protected, however the ravine and wetlands are protected by WCA regulation and do appear on the National Wetlands Inventory. All grading plans are required to be approved by the City Engineer prior to any land alteration occurring on site. The Miimehaha Creek Watershed District may require, an amendment to the permit previously granted (#94-59) for the stormwater management plan and stream crossing when the road was constructed. A wetland basin is located at the northwest comer of the site where County Road 6 and Old Cr> stal Bay Road intersect. The new ball field does not impact that wetland basin. Parking The plans do not indicate the total seating capacity for the bleachers. Code would allow seating up to 288 based on the 48 spaces shown for parking. The Code determines parking for athletic fields as 1 parking space for each six seats of capacity. Each 22 inches of bleacher space devoted to seating is counted as one seat when determining design capacity for the bleachers. Any bleacher space devoted to aisle or any other purposed is not considered seat space. Lighting There are no lights proposed for the field. Any lighting used within concession stand areas shall be installed and shielded to not expose the light source, per code requirements. «0i*2703 Orono Baseball Association 1030 Old Costal Bay Road S/20/01 Page 3 of 5 Adjacent Properties The property is located adjacent to the Willow View development. The most impacted properties would be those in the northwest comer. At the time Willow View was developed an open space and ponding outlot was created. This area is shown on the maps attached to this report. The open space outlet would provide an additional buffer zone to the use. Because most of the activity during a baseball game is located at and around the infield area, the impact is even less. The primary impact would be when soccer games are played on the outfield grass areas. Without lights, use of the facility would only occur during daylight hours. Propenies north of the site, across County Road 6, are zoned for 2 acre residential development. All land south and west are owned by the School District (Ice .\rena and Middle School). The use of the property is consistent with other uses on the School Property. Trail Connection The future trail along C.R. 6 would provide a needed link to the east. A trail is located east of the property to Willow Drive and continues south to the southern end of the Willow View Development. Final trail construction design and engineering would be completed at some point in the future however this is an opportunity to reserve the trail connection by acquiring an easement from the School District. A trail system map and the Comprehensive Trail System Plan from the new Comprehensive Plan are attached to this report. Options for Planning Commission Action A. Recommend approval. A recommendation of approval is subject to the following conditions: 1.The final road grading and stomiwater management plans shall be approved by the City Engineer prior to final approval. 2. The MCWD shall be consulted to determine if a new permit or amendment to the existing permit is required. The Fire Marshall shall determine if the turn around provided for on-site is adequate for emergency services. 4. Seating shall not exceed 288 without amending the parking plan. 5.OB.A, School District and City of Orono shall work with Hennepin County to determine the appropriate trail cormection. 6.A trail easement shall be granted by the School District to the public for a future trail corridor to connect the trail along Old Crystal Bay Road to the trail in the Willow V'iew Development. *01-2703 Orono Baseball Association 1030 Old Cr>staJ Ba> Road 8/20/01 Page 4 of 5 1 n J ] f A 7. No parking signs shall be placed along the new road and in the drop off zone to not block vehicles from entering or exiting the new parking area. B. C. Recommend denial, stating reasons. Table. Other action. Staff Recommendation Staff recommends Alternative A and forward review of the CUP to the September 10,2001 City Council meeting. *0I<2703 Orono Baictall Atsocittion 1030 OM Ciytti B<y RMd S/2(V0I PaicSof5 *1 »■ I ^ i 4 • • • . I - . ,•11 I •.■'jn. iNC •i'j ■ j::.:/i: A Application # Date Received *7"/.P'0/ Amount Paid cj> CITY OF ORONO - GENERAL LAND USE APPLICATION PROPERTY LOCATION Site Address intn nirl rryetal Ray Rna/1 Type of Application to be Filed Conditional Use Permit Property Identification Number (P.I.D.) applicant Name Leith Dumas Address p n pny Phone (home) 763-479-3634 ______ Phone(work ) 952-656-4623 City Innj lalfP M^^ Zip SS3S6 0>VNER (if different than applicant) Name Omnn Piihlir ^rhnn 1 s Phone (home). Phone (work)_ Address 685 Old Crystal Bay Road City Orono. MM Ztp 55356 UnknownDate Property Acquired_____ 1 (do) (do not) also own the adjacent parcels of land. FEES - CONDITIONAL USE PERNHTS - _____$ 75.00 For each variance request with CUP application ______$175.00 Residential Accessory Use _j(____$250.00 Institutional (church, school, etc.) _____$225.00 Guest House/Guest Apartments _____$200.00 Duplex Credit/Bldg _____$325.00 Commercial/Industrial Use _____$250.00 Land Alteration ____ Grading and filling - designated wetland or floodplain ____ Grading and filling - 501 cu. yd. or more ____ Grading, seawall, retaining walls within 75* of lakeshore ______PRD/PID - see Fee Schedule _____$150.00 Renewal Fee (no change from original application) _____After-the-Fact Fee - Double Current Application Fee (month/year) OTHER APPLICATIONS _____$275.00 Commercial Site Plan Review (+ consultant fees) _____$300.00 Vacation _____$200.00 Easement Vacation _____$100.00 Easement Vacation With Subdivision _____$350.00 Rezoning (PUD - refer to fee schedule) _____$375.00 Comprehensive Plan Amendment _____$100.00 Appeals Other - see Fee Schedule •t i-.- .• • •* .1 • • f ,' • V * 4# plain keshore ition) rnKtVi^ riWHf****'r5»fFTiTiwn*c>] rtiaiii r«kiiK^«i rTOTOMTi] r«imnfilai] TT3T innKM miWlfW ■BivjiWn r«»^T*4( itlHtJ [•4'.\llt)i»'‘”W MfWOaiiJ ees) rJM.MMi-.• •m*t *f ■ » M 9 • 9 \ ]. \\ i • \ r5TTT»il»l*l RTTIM r*FTlW«J MiiMI il« r»Fnw*i RT1T»^ riVtVAMJ riR¥ii«] OT1L«J [iliTFllW rtiiiK4*j r«rinfi«] iMT4fil?j m ----- loenier/7M-t73-07S9 «J«de/76J-»79.:S68 lenscn / 7M-479-2765 OumM/763-479 3634 Use Permit for the field will be used *r. Also, please note 0* (i.e. 927 should ORONO BASEBALL ASSOCIATION P.o. Box 503 Loof Lake, MN 55356 August 3, 2001 Prcsidenl / Kuct Bocreer / 763-I75-07S9 Vice Piesideni / Doug Jerde / 763-479-286S Secfttary / Lois Jensen / 763-479-.76S Treasurer / Lcilh Dumas / 763-J79-3634 /. j CITY OF ORONO 2750 Kelley Parkway Orono, MN 55356 Attn; Mr. Mich^Gaffron DC; Conditional Use Permit Expansion of Lee Carlson Fields 1030 Old Crystal Bay Road Dear Mr. Gaffron: (4) full size and (1) U X 17 copies of the revisft ball shed) that were inadvertently not included on our ongmal submittal, out be approved under the conditional use permit. These Sheds will be used by the Orono youth baseball, football and soccer organizations to store ne.dLin«n»« a«d smping supplks d.d «,«.pm.n.. Pleas, call it you have any questious. o, «U1 need addUional mese addUional items at the August 20.2001 Planning Commission Meeting Sincerely. OR£R10 BASEBALL ASSOCIATION our planning to have the funds to :c in obtaining nine wall along the in order to consider Leih/T. Dumas (2) 656-4623 Attachments a y € /) U ft d 4 2001 12:49PM PI i. the Baseball approximate 4 Ids. The Board of this land. !viU be available O Hennepin Countyl^ayer Services Department i I i Parcel Information Parcel ID 2811823430005 House Number 770 8treet Name OLD CRYSTAL BAY RD N Condominium ms is not a legally recorded map. It represents a 2d Sfa from Ci<y. County, and State road authonPes and other sourees.__ / o 3 o G TO: FROM: DATE: Ron Moorse, Ci^ Administrator Jeanne A. Mabusth. Building & Zoning Administrator February 2, 1994 SUBJECT: Review of Orono Baseball Association Site Plan for Development of Baseball Fields on School Property to East of Old Crystal Bay Road Attachment - OBA letter of 2/1/94 Municipal Code and Comp Plan Sections Code Issues 1.The issue of whether a conditional use permit would be required for the use was resolved by Tom Barrett, City Attorney. It was his opinion that as long as the City was leasing property from school for a greater than ten year period of time that the use would be considered a City permitted use. If the ball fields were to be under the authority of the School District, a conditional use permit would have been required. The City shall approve all improvements to the property and it is not clear, as I do not have a copy of the lease, whether the school will require review and approval of the plan. It is my understanding that the only communication with the adjacent neighbors has been through a written notification. It would be my recommendation that a public information meeting be scheduled before the Park Commission so that adjacent neighbors receiving any potential impact can review improvement plan. Review of RR-IB Standards The proposed 20’x24* structure will function as a concession stand and support structure for the score board. The structure is located 200 ’ + from all jq^ines. The zoning district requires a minimum 50 ’ setback. The structure is 16’ in Ifl^dP^e code would allow 30 ’. The baseball fields adjacent to County Road 6 are located 60 ’ from the street lot line. In order to discourage illegal access from County Road 6 to field area, fencing should be required along County Road 6. Site Improvements No lighting is proposed within the baseball field areas. A light is proposed at the concession stand for security purposes. Per code requirements, all lighting will be shielded downward away from adjacent residential lot lines and roadways. Fifty-seven parking stalls have been shown. Parking stalls do not meet 9’x20 ’ as required by code. Applicant’s site plan shows stalls at 8 ’xl6 ’. Parking is being reviewed by the City Engineer. As to the required number of parking stalls, the code states that "one parking space would be required for every six seats designed capacity”. There is no information concerning the number of seats provided with each bleacher but it would be my guess that fiffy-seven stalls will easily satisfy proposed level of use. -i L Memo - OroDO Baseball Association February 2, 1994 Page 2 Other Issues The Engineer has been asked to review grading and dramage, access road and parking plan. His written commentary should be received by Friday, February 4th. It is my recommendation that the grading and drainage plans be submitted to the Watershed District for possible permit review. Applicant notes the possibility that an on-site well will be installed to provide water for maintenance of grounds and water fountains. The Engineer has been asked to comment about the feasibility of bringing municipal water to the site. The cost of extending water service would put this project out of the reach of the association. Per the attached sections of both the Comp Plan and Municipal Code, the project would not appear to require the extension of water. The association will provide portable "port a potties" for use during baseball season. Please let me know if you have any question concerning my review comments or if you seek additional information. 1 ---- - • • * ........................... ^ '« ^"sV V \ \\ •• \ \ X;\ • \\ V a/f'ioAJC SA\*S^ffAj^^ S Jot.Ml \X' ^ • • • » % 9.Y 0/(V^«<y Ck^<.\ V 2 II V M \ •. " . \ Ji v'-v b V‘.\ • t ______-------------------------------------------- aurcor Legal Description of Proposed Leased Parcel That part of Lot 1. Block 1. .ORONO SCHOOL EXPANSION, which lies northerly of the following described line:- Beginning at the. Intersect ion Of the west-line of- said Lot 1 with the north line of the southr430 feet of said-Lot 1; thence- on“arr assumed bearing of South 89 degrees 39 minutes East'3^1 ohg said-north I ine *of-the'sovth-4.30 feet a distance of 274 feet: thence North 41 degrees East a distance of 152 feet; thence South 32 degrees East to the north line of the south 253 feet of said Lot 1; thence South 89 degrees 39 minutes East along said north line of the south 253 feet to the east line of said Lot 1, and said line there ending; ALSO, that part of the West 140 feet of Lot 2, said Block 1 which lies north of the south 253 feet of said Lot 2. '• f \ .* U Ji r % i) I ^m% ^/i mytum '■iT'"- - > ^.-'.'.' jiT^C ^ J««-____*!.'^<1 r _—-% '/'•' // SBw»- / ~—_ - ^/1 ~i - ) . A . A. ^ V -"* —• — f IF^- -,1.*^.•- X L-^‘ i—*•. X;'^l■ ' xr. ^ IIIBl pSoitTt y.^y/ «• ' I V.. i?5Vc^2^«I —iW« Vj-.-^fWTA I \- / tvivi K\-n ‘-4- - - - - p] **t ►. /*•»__ • •u / /' ^ !i i! 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' 12.1 TO:Chair Hawn and Orono Planning Commission Members Ron Moorse, City Administrator FROM: Wendy Bottenberg, Zoning Administrator/Planner DATE:August 10,2001 SUBJECT: #01-2705 Winton & Sheryl Wold 1760 Concordia Street Sketch Plan The applicants have decided to not go forward with their proposal and have withdrawn their application. --------------------------------.->*1 Proposed Trail Connection .u >A-.'• i-,--; 4 !' ‘ •» ^**** • « •' I. I.U ^ • j J j .. ’ .• ^ ' V' ’' ’ 1 * • 1 T *j‘7‘ ■ . --He ** * ; v>: l:. ' '^ ...*11.44^ ”• ------1 " ^ I Si q: S'*ca ' 1 i q propoMd Trail Connactioi ;» School Property — *1. M--pv ^__. ^ Xl.\. L..j • *r■;.':v;v:.-v- ... ;--j.; >;■. •• .r. • ■ ••; oV-WAv •■'•>v.'. • ; -'• •rV'4'-" • V».' “•'ri>':.■':■■• ■<•»;> ■•■;>’V>At /■■ ■ :.;- ' • .‘r ‘. •* > ' « :ity^cel ‘ i*: - ' V. r:^; *vl I,“1 •m ••n V. • I * • . : ‘ ‘ • •i ••7'.i t •' ■ i ;,i^, Ji«‘* «« 't . ' ‘; v*'.l ' v-V*' * ■ I ;*.' . . '• l|.‘. ‘ '‘I! ’ • jC''. .1 .-r. j .*'•* ■* jfit* - ‘rir. . . rr'*- iy ——^ • ■; . i * 7 ■ / •■. A _ ^ ^ _ Existing Trail Orono Baseball Association Orono Soccer Association Zoning File #01-2703 L siRUN DATC 07/20/01 BATCH 50^ PROP ADOR OWNER NAHE TAXPAYER NAHE/AOOR 3S 20-116-2S 51 0001 029A0 SIXTH AVE N STONECATE PARH INC STONEOATE PARH INC 4851 PLVINC CLOUD DR EDEN PRAIRIE NN 55344 HENNEPIN COUNTY PROPERTY INPORHATION SYSTEM PROPERTY OWNERS LIST 38 28-118-23 34 0003 00705 OLD CRYSTAL BAY RD N SCHOOL DIST NO 27B ORONO SCH BIST NO 278 485 OLD CRYSTAL DAY RD LONG LAKE NN 55354 REPORT NO. PI435401 PACE 11 38 28-118-23 41 0004 02500 SIXTH AVE N LEW A ERICKSON LEW A ERICKSON 718 129TH AVE N E BLAINE NN 55434 PROP ADOR OWNER NAME TAXPAYER NANE/AODR 38 28-118-23 41 0005 00038 ADDRESS UNASSICNED TIWNAS P CARROLL THONAS P CARROLL 2400 4TH AVE N LONG LAKE NN 55354 38 28-118-23 41 0004 01005 WILLOW VIEW DR WILLOW VIEW DEVELOPERS LLC WILLOW VIEW DEVELOPERS LLC 1521 04TH LA N E NPLS NN 55449 38 28-118-23 41 0007 01025 WILLOW VIEW DR RVC HONES INC RVC HONES INC 15500 WAYZATA BLVD WAYZATA NN 55391 PROP ADDR OWNER NANE TAXPAYER NANE/ADOR 38 28-118-23 42 0002 02700 SIXTH AVE N JOIM LEIN JOHN N LEIN P 0 BOX 177 LONG LAKE NN 55354 38 28-118-23 42 0003 02400 SIXTH AVE N THONAS P CARROLL THONAS P CARROLL 2400 SIXTH AVE N LONG LAKE fW 55354 38 28-118-23 42 0004 00038 ADDRESS UNASSICNED ROGER A PAZENDIN ET AL CHAD 0 ANN-HARIE CROCHOWSKX 1245 MAPLEWOOD DR NEDINA NN 55354 PROP ADOR OWNER NANE TAXPAYER NANE/ADOR 38 28-118-23 43 0005 00770 OLD CRYSTAL BAY RD N INO SCHOOL DIST 0278 fORONO) ATTN SUPERINTENDENT INO SCHOOL DIST 8278 (ORONOI 485 OLD CRYSTAL BAY RD N LONG LAKE NN 55354 38 28-118-23 43 0009 00800 OLD CRYSTAL BAY RD N INO SCHOOL DIST NO 278 IND SCHOOL DIST NO 278 ADNIN OfFXCE-SUPERlNTENOENT 400 OLD CRYSTAL BAY RD N LONG LAKE NN 55354 38 28-118-23 44 0004 00885 WILLOW VIEW OR WILLOW VIEW DEVELOPERS LLC WILLOW VIEW DEVELOPERS LLC 1521 94TH LA N E MPLS NN 55449 PROP ADOR OWNER NANE TAXPAYER NANE/ADOR 38 28-118-23 44 0007 00905 WILLOW VIEW DR WILLOW VIEW DEVELOPERS LLC WILLOW VIEW DEVELOPERS LLC 1521 94TH LA N E NPLS NN 55449 38 28-118-23 44 0008 00925 WILLOW VIEW OR WILLOW VIEW DEVELOPERS LLC WILLOW VIEW DEVELOPERS LLC 1521 94TH LA N E NPLS NN 55449 38 28-118-23 44 0009 00945 WILLOW VIEW OR WILLOW VIEW DEVELOPERS LLC WILLOW VIEW DEVELOPERS LLC 1521 94TH LA N E NPLS NN 55449 PROP ADOR OWNER NAME TAXPAYER NANE/ADOR 38 28-118-23 44 0010 00945 WILLOW VIEW DR WILLOW VIEW DEVELOPERS LLC WILLOW VIEW DEVELOPERS LLC 1521 94TH LA N E NPLS NN 55449 38 28-118-23 44 0011 00985 WILLOW VIEW DR WILLOW VIEW DEVELOPERS LLC WILLOW VIEW DEVELOPERS LLC 1521 94TH LA N E NPLS NN 55449 38 28-118-23 44 0020 00038 ADDRESS UNASSICNED WILLOW VIEW DEVELOPERS LLC WILLOW VIEW DEVELOPERS LLC 1521 94TN LA N E NPLS NN 55449 (•4 RUN DATE ar/ER/tl •ATCH SOA HENNCriN COUNfV rRorCRTV INFORIUtMN SYSTEM PROrERTV OWNERS LIST REPORT NO. PlASMtl PACE 12 PROP ADDR OWNER NAME TAXPAYER flANE/AHOR SO SS-lie-23 11 RMS •tiSO ADDRESS UNASSICNED ORONO PLAZA DRONO PLAZA C/0 REIERSCORD UN OFPICE ASRt AATN ST W NPLS MN 55A2A 50 S5-110-23 12 •••7 12700 RELLEY PKWV H R A CITY OF ORONO N R A CITY OF ORONO 15S5 DROWN RO S NAYZATA MN SS301 50 55-110-25 21 0001 0070S OLD CRYSTAL BAY RO N SCNOOL DIST NO 11 ORONO SCNOOL DIST B27B MS OLD CRYSTAL BAY RO N LONG LARE MN SSS50 «>• I ■‘I f KOf AOOfI OUHER NAHE TAXfAVEII NAIIE/AODR TOTAL 9ATCH 50A 10021 • ~ w / . ' I • V r fi rJ .1 /■' -i jif u 1 CERTIFY THAT THE FACTS REPRESENTED ARC AN ACCURATE AND TRUE REPRCSCNTATION OF INFORNATION AS IT APPEARS TNIS DATE ON THE RECORDS DATE y MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, July 16,2001 ROLL The Orono Planning Commission met on the above date with the following members present: Chair Elizabeth Hawn. Commissioners William Stoddard. Dale Lindquist. Sandra Smith. Janice Berg. Jeanne Mabusth. and J. Marc Fritzler (alternate). The following represented City Staff Planning Director Michael Gaffron. Zoning Administrator Paul Weinberger. Zoning Administrator Wendy Bottenberg. and Recorder Lin Vee. Chair Hawn called the meeting to order at 6:30 p.m. NEW BUSINESS PUBLIC HEARINGS (#1) #01-2690 JOHN A. EIDEN, 330 BIG ISLAND, AFTER-THE-FACT VARIANCES, 6:31 p.m. - 6:40 p.m. John Eiden. Applicant, was present. The Certificate of Mailing and Aflldavit of Publication were noted. Weinberger stated the Applicant is requesting an after-the-fact variance to permit replacement of a lakeside deck on Big Island, constituting hardcover and structural coverage within 75* of the lakeshore. The deck is approximately 32' from the lakeshore. According to historical surveys and photos, the deck appears to be of the same size as the original deck. I he owner's intention was to repair the deck; however, only the original footings could be used because of extensive deterioration. Another issue, unrelated to the variance request, is that a structure located at the rear of the property is above a platted right-of-way used for pedestrian access or utilities. A previous owner had completed a rehabilitation of the structure in 1991 and w as issued a "stop work" order. No further work has been done to that structure and it has no impact on the current variance request. City Stalf recommends approval of the after-the-fact variance request for deck replacement w ithin 75' of the lakeshore constituting hardcover and structural coverage based on the fact that the deck previously existed, the existing building was located in its current location prior to current zoning standards, and some ty pe of structure is needed to the lakeside of the building for access. Eiden stated that he had eliminated a staiivvay resulting in less hardcover than the previous deck. He show ed a sample of the rotten floor joists to the Commissioners. There were no public comments regarding this application. Smith asked if the deck needed to be considered a rebuild rather than a repair. Weinberger responded that since only a couple of posts remained, it was considered new structure. PAGE I j-f MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, July 16,2001 (l^01>2690 John A. Eiden, Continued) Eiden commented that he was from Louisiana where 50°^ replacement was allowed. He intended to replace only 50% but found rotten wood. He used the original footings and replaced the deck in the original footprint. Smith noted that the application was essentially a replacement deck. Hawn and Lindquist commented that the Planning Commission has been fairly consistent in allowing deck replacement. Hawn e.xprcssed concern w ith the building in the right-of-way. Eiden commented that it was originally an ice house and is currently used as a guest house with no plumbing. Hawn asked if it were possible to move the building w ithin the property lines. Eiden responded that it would not be worth it. Mabusth asked if the Applicant had considered the permit process for use of the unimproved right- of-way. Eiden responded that he was not aware of that process. Lindquist asked if the Planning Commission would approve use of the unimproved right-of-way. The Commissioners did not think such a request would be approved. Weinberger commented that the previous ow ner had started some type of request to use the right-of- way in 1995 but did not complete that request, and he suggested continuing w ith the permitting process. There was much activity in 1991 when the building was completely remodeled and a deck added, and then again in 1995 when the property was for sale. Hawn suggested the Applicant continue to move forward with the right-of-way issue. Lindqubt moved. Smith seconded, to recommend approval of Application MH-2690, John A. Eiden, 330 Big Island, granting approval of after-the-fact hardcover and structural variances to permit replacement of the lakeside deck at 330 Big Island. VOTE: Ayes 7, Nays 0. («) iiOl-2691 J. ERIC AND CHRISTINE MENGE, 340 TURNHAM ROAD, VARIANCES, 6:40 p.m. - 7:35 p.m. J. Eric Menge, Applicant, was present. llie Certificate of Mailing and Affidavit of Publication w ere noted. Bottenberg slated the Applicants are proposing to construct an attached 2 % stall garage to the north side of the residence, and a two-story family room addition to the rear of the residence. The area below the garage will be additional living and storage space. The e.xisting single stall garage will be turned into living space. A side yard setback variance is requested to allow the garage addition to be PAGE 2 1. I- ' I MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, July 16,2001 (MH-2691 J. Eric and Christine Mengc, Continued) located 12.27* from the side lot line where 50* is required, and a family room addition to be located 49.8* from the side lot line where SO* is required. A front yard setback variance is also requested to allow the garage addition to be located 32.6* from the street lot line where 100* is required, and the family room addition to be located 69* from the front lot line where 100* is required. Bottenberg noted the septic system has a capacity for 2 bedrooms, is non-conforming, and is required to be replaced by the end of 2006. Since the proposed plans suggest that additional space could be converted to bedrooms, it is recommended that a new s> stem should be designed to accommodate more than two bedrooms if the additions are completed. She indicated two 12-18** ash trees will be removed to accommodate the proposed garage addition, but a 24" white oak will be saved by angling the garage addition. Bottenberg noted the neighboring affected propert> owner has submitted a letter opposing the magnitude of the setback encroachment. Menge stated he has lived in the area for 25 years and his family owns a business in Long Lake. He and his wife bought this home 5 years ago, knowing it would outgrow their needs. TItey are requesting variances to add a garage and living space which was designed to give them the most room for their budget, require the least amount of variance issues and cause the least intrusion to the neighbors. He noted the current structure is a *'shoebo.\**, with only a one-car garage when the standard has become three-car garages, and is non-compliant w ith current zoning codes. The design of the additions has been done for functionality, not aesthetic design. I'hey would like to remain in the area and because of the lack of affordable housing, the best option was to remodel their existing home. Menge addressed some of the objections that have been voiced. I) Setbacks are an issue since the current zoning is for five acres and their lot is approximately I acre, w ith neighboring lots at 3 acres and I 3/4 acre. 2) Proximity and noise are of concern since the house to the north was built 25* from property line. It was suggested that they consider a different layout with only a one-car addition to the north and additional living space to the other side, or a garage addition to the other side or behind the house. They felt the current design was the best since fev\er variances would be required, the cost was less, logistically it works with the current house layout, eonsiderably less fill would be required, and fewer trees would need to be cut down, fearing down and rebuilding did not seem economical because of the small building envelope and steep grade. 3) Steps have been taken to make the septic system compliant w ith the issuance of a building permit. 4) The appraised value of the project improvements will improve property values throughout the neighborhood. 5) All of the neighbors have approved the project. Doug Merz, 380 Turnham Road, stated he is the neighbor to the north and confirmed that the Commissioners had a copy of his letter indicating his concerns. He added the Menges have been great neighbors and this is a difficult situation. He commented that one of the reasons they moved to Orono was because of the open space. The proposed project brings the garage very close to his property line and is not typical of other development in the neighborhood. He has also consulted with realtors and has been advised the project could have a negative impact on his property value, lie has suggested to the Menges that a I '/: stall garage would be acceptable. Hawn confirmed that the garage is the only part of tlie proposed improvements that Merz finds objectionable. Merz stated PAGE 3 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, July 16,2001 (#01-2691 J. Eric and Christine Menge, Continued) that their bedroom would be in close proximity to the proposed garage. Stoddard asked what the distance would be. Berg responded it would be approximately 37'. John Blumentritt and Craig Johnson, architects for the project, presented a computerized demonstration of the proposal. The demonstration presented the location of the existing house and the neighbor’s home, conversion of the existing one-car garage to living space, trees and shrubs on the property, 450 s.f. of additional living space, and a two-car garage addition. Blumentritt explained that he had been working with Menges on a plan that would address the garage addition and proximity to the neighbor. The face of the neighbor’s house is 6' closer to the road than the Menges, with an additional 6* of entryxvay. With the footprint of the existing home at 24' x 24'. they looked at various ways to increase space. By angling the garage, an area was created that would facilitate maintenance equipment in the garage. TItcy also looked at placing the garage so it would face the neighbor to the north. This would have minimized the distance of the garage to the neighbor, but places the driveway along the property line. Slope conditions would also require fill and retaining walls. An angled garage would change the view of the addition for the neighbor to a point of the garage rather than the whole face, minimizing privacy issues. The angled garage also minimizes the amount of driveway and grading required. Blumentritt also commented on the possibility of another bedroom in the basement. He recommended against this idea, noting that a master bedroom addition was being considered for some future time as a second floor. Under the garage, a studio area is planned to be used for hobbies. If the Menges can afl'ord to put a room under the porch, it w ill be a recreation area w ith a pool table. Mabusth asked where the future master bedroom would be. Blumentritt responded that it would be everything to the right of the gable on the entry roof, w hich would be over the main portion of the existing structure. Mabusth commented that the septic capacity was of major concern with the possibility of an additional bedroom. Blumentritt confirmed there would be a second septic site available for a mound sy stem. Hawn questioned the need for primary and alternate septic sites. Weinberger responded that the City asks for two sites, but added that the City will accept a letter from w hoever does the testing to ensure that a potential future site isn’t lost by the addition. Blumentritt noted that if the garage addition were put on the other side of the house, the w alkout lower level would necessitate importing approximately 8' of elevation. In addition, the bedroom windows below would be blocked. Blumentritt reviewed the hardships for the variance application including the fact that a one car garage is not the norm and the difficult site conditions. The proposed design will be able to save some mature trees and buffer the garage doors from neighbor. Berg inquired about the room in the back beneath the deck. Johnson explained that it was proposed and would be included if the budget figures would allow the additional construction. PAGE 4 MINITTES OF THE ORONO PLANNING COMMISSION MEETING Monday, July 16,2001 (<K)I>2691 J. Eiic and Christine Menge, Continued) Smith asked about adding on to the back of the house, which might help limit the size of the proposed garage addition and the neighbor’s concerns. She thought the garage may not need to be converted to living space if more were added to the back. The architects indicated there were fairly steep slopes to the back of the house limiting the building area. Stoddard commented that it is important to be cognizant of side setbacks and neigtibor's views. He thought if the garage were not angled, there would be a 25* setback and possibly more living space behind the garage. Blumentritt responded that by angling the garage, more open area is gained with only a comer closer to the neighbor. Lindquist noted there were two setbacks, the front and side yard setbacks. Tlic side yard setback is proposed at 12'. The neighbor to the other side has a setback of appro.ximately 31*. Lindquist stated he would look at a minimum of a 30' side setback for each neighbor and the applicant vsould need to stay within those setbacks in his design. Hawn agreed with Lindquist noting that a SO' setback is required. A setback proposal at 12.7' requires a variance which is too great. Menge asked what the required setbacks arc for a one or two acre zone. Gaffron responded that the one acre zone requires 35' front and rear with 10* on the sides, and the two acre zone is 50' front and rear with 30' on the sides. Menge noted that his lot is a one acre lot and next door is 2 '/z. Hawn commented that his request is a radical departure from the zoning standards. Smith commented that she had the same concerns as Hawn and Lindquist. Stoddard stated that he may be a little more lenient and may allow up to 25' for the side setbacks. Mabusth stated that she had the same concerns and suggested tabling the application with some direction to the applicants. None of the Commissioners w ere concerned with the front or rear setbacks. The side setback is the major issue, especially with the concerns expressed by the neighbor to the north. Hawn commented that tipping the garage may help some but was concerned w ith the impact of headlights on the neighbors. Mabusth commented that using portions of the existing garage to enlarge the garage area would be a good option to pursue. Blumentritt responded that they had looked at those options. The current entry is not safe and using the existing garage as an entry way makes sense with the rest of the layout. Fritzler stated that in redesigning a structure on the existing property, the goal would be not to encroach on the side setbacks any more than necessary. He also suggested shortening the 2 '/: car garage but going deeper to the back of the property so the same square footage would be involved in the additions. PAGE 5 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, July 16,2001 (#01'2691 J. Eric and Christine Menge, Continued) Berg was in concurrence with other members in maintaining a 30' setback from the side lot line, with more of the additions to the back of the house. She was also concerned with headlights shining in the neighbor’s house. Menge stated one of the neighbor’s concerns was the noise caused by driving into the garage, lie felt by having a longer driveway, the noise issue w:is increased. Blumentritt requested that the application be tabled to provide an opportunity to revise the proposed plans. Lindquist indicated that if the proposal were 30* or more from the lot line and the structure is reasonable for the property, the Planning Commission may vote in favor of such a plan. Blumentritt stated they would look again at the design of the garage addition but would probably be approaching a 25' setback. Lindquist reiterated that he was looking at a 30' setback. If additional space is needed, going back into the lot should be considered. Blumentritt responded that the topography of the lot may play a part in the steepness of a driveway. He stated the purpose of the variance is to look at the hardships on the site, and determine a reasonable solution. Hawn moved. Smith seconded, to table Application ltOI-2691, J. Eric and Christine Menge, 340 Turnham Road, for variances to side and front yard setbacks to construct an attached 2 stall garage and family room additions. VOTE: Ayes 7, Nays 0. SCHEDULED PUBLIC HEARINGS - 7:00 P.M. (#8) #01-2696 MICHAEL P. AND JEANNINE B. BADEN, AND H. WESLEY AND ELIZABETH L. WOLVERTON, 3420 AND 3445 HIGH LANE, REARRANGEMENT OF COMMON PROPERTY LINES, 7:35 p.m. - 7:46 p.m. Michael P. and Jeannine B. Baden and II. Wesley and Elizabeth L. Wolvcrton, the property owners, were present. The Certificate of Mailing and AITidavit of Publication were noted. Weinberger e.xplained that the applicants have proposed a lot line rearrangement between the two properties for the purpose of creating a space on the Badens property, 3445 High Lane, that would allow for future construction of a detached garage. The Badens have e.xplored various options for locating the garage but have been unable to find a suitable location that works within the existing PAGE 6 riRira Rmi*j riiiiiaij rrij»;nnni® ' t < / * « L. W'oivcrton, irded on the 0 acre niinimuin. uld cltange each smaller and the rtlu'csl comer ot the 1 to place a garage end of High Lane ired for new garage operty line, fhc new ehich is over the that will no longer be •nt is no longer nal property tor owners were aware the property in the jtent with the intent of iites created or scments should be Jitional information ind this may be an r to use the shed where it les in the area w here the ibout 8'. :sitiun t#0l”2696, olverton, 3420 and to the foHowing t along new property ig old property lines, relating to casements on urvey completed by a •mitted. with signature minutes OF THE orono planning commission meeting Monday, July 16.2001 ,«3, ...-26,5 THOMAS ADAMS. 5«l ORCHARD PARK ROAD. VARIANCES, 7:47 - 7:51 p.m. Thomas Adams, the Applicant, was present. The Certincate of Mailing and AnldavU of Publication « « noted. WainbatgctstatcdtltattbcAppUcantb.^^^^^^ existing house to the of the property . Tl relocated, it becomes new conforming. The variance .s 5-acre minimum lot size. The lot .s rppSateIy'^.8 aa^ard consUtem^^^^^^^ lots lot"aV 4.7 Manager. Weinberger indicated the mam issue '"'^'1“"7 on the site. A garage wtth “‘“'“'"8 ' „„,ed that the garage remain on the site but the stair recommends approval ;rnrit«"rrer;:-d a inspection and approval prror to issu.ng an> Lditional building and moving permits. There were no comments from the Applicant or the public. "mpVTd^"^^^ Applicant agreed. smith suggested to the Applicant that this was also an opportunity to clean up the lot. Hawn moved, Stoddard aeeoitdml, to reeomme^ o^i “ ?CmrAda;., SM Orchard Park Road, 8«"“"8 ^ .,.,er to the rmal inspection and removal of the small shed. Ayes 7, Nays 0. (04, «,l-26,7 LARRY AND SHARON GEHL. I.2S CONCORDIA STREET, VARIANCES. 7:52 p.m. - 8:09 p.m. Urry Gehl. the Applicant, and Gary Hansen, the builder, were present. PAGES MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, July 16,2001 (#01*2697 Larr>' And Sharon Gchl, Continued) The Certificate of Mailing and Affidavit of Publication were noted. Weinberger stated the application v\as for variaiwes to permit a tuo-stor> addition to the e.xisting house, which includes a first level garage and second level above the garage for living space. The addition would be 8* from the side property line where a 15 ’ setback is required because of a platted City right-of-way (undeveloped) down to Lake Minnetonka. The standard interior lot line setback is 10’ in the l.R-IC district, lie noted that the property owners ha\e designed the project to meet the hardcover requirements and will be removing an existing garage and the necessary driveway in front of that garage. Weinberger added that the Park Commission has been looking at the long-term use of the right-of- ways to the lake, which are public land in the City. The City has had a policy that these right-of- ways would not be vacated, with potential u-;?s including pedestrian access to the lake or snowmobile access. 1 he Park Commission has not determined the future use for this particular right-of-way. Staff w ould recommend approving a 10* setback to the interior property line w here 15' is required. The 8' setback encroaches into the standard setback because a corner of the house is located 8 ’ from the property line. Weinberger asked the Applicant and/or his builder to comment on the need to have an 8' setback rather than I O' or 15'. Hansen explained that he had been working with the Gehls for some time on various plans. The> found the best solution was to demolish the existing garage and attach a new garage to the existing house. Odd angles for the house would be created b\ maintaining a 10' setback since one corner of the house is already located 8' from the property line. Mrs. Gehl staled that the City-owned property between the two homes is a low point in the neighborhood and becomes Hooded during heavy rains. She felt the City may not be able to put the area to a good use because of the flooding conditions. She added that their current garage is only 4' from the property line; therefore, the proposed addition improves the setback situation to 8'. 1 hey have tried to work with the existing foyer and access to a three-car garage while saving a large tree. Mr. Gehl stated they had tried to upgrade the existing garage but found it would be better to remove it. He noted that his neighbor believed he >wned the 15' right-of-way and had been maintaining it. He also pays additional insurance because the right-of-way is in the flood plain. The neighbors have no objection to the proposed improvements. There were no public comments. Stoddard stated that he was pleased that the Applicants were improving the setback situation. He asked if Gaffron had anv concerns about the Cilv's future use of the rieht-of-wav. PAGE 9 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, July 16,2001 (#01-2697 Larry And Sharon Gehl, Continued) GalTron stated he could not predict future plans but did not think an 8', I O' or 1 5' setback would impact the City’s use of the right-of-way. The applicants may have a greater issue with how close they want to be to a right-of-way with an unpredictable future use. Hawn thought that it may be unfair to ask for a 10' setback since there is already an encroachment with the house e.xisting at the 8' setback. Although she would prefer the 10' setback, requiring it creates an irregular shape for the house. Mabusth indicated she agreed with other Planning Commission members and would allow an 8' setback. Smith suggested an option may be to angle the house from the existing comer at the 8' setback to meet a 10' setback at the opposite garage comer. Lindquist did not think the change was important enough for 2‘. Stoddard moved, Berg seconded, to recommend approval of Application #01-2697, Larry and Sharon Gehl, 1825 Concordia Street, granting approval of variances to permit an 8* side setback where a 15* side setback is two-story addition to the hou.se, including a garage and second floor living space above the garage. Ayes 7, Nays 0. (#5) #01-2693 DAVID AND .MARYANN MAISER, 2700 SIIADYWOOD ROAD, VARIANCES, 8:10 p.m. - 8:33 p.m. David and Mary ann Maiser, the Applicants, were present. The Certificate of Mailing and Affidavit of Publication were noted. Weinberger stated the application is a three-part request requiring separate variance approvals as follows; 1 ) The addition of an attached garage (23* x 28.8') to the house requires a variance to encroach into the 75' lakeshore setback. 2) Replacement of a deck (9' x 28') that had collapsed from snow fall requires a hardcover variance because it is w ithin 75' of the lakeshore. 3) The addition of a three-season porch on the south side of the house w ith an attached deck requires a hardcover variance because the addition is over the 25% allowed hardcover in the 75-250’ setback. The property is located in the LR-IB zoning district requiring one acre. The property is approximately 3/4 acre and was originally developed in the I960 ’s. The detached garage was added in 1974 and met the standards at the time it was built. Weinberger stated that the proposed additions include remodeling the existing attached garage to living space, an equal replacement of the previously existing deck, and a porch/deck addition. The PAGE 10 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, July 16,2001 (#01-2693 David And Maryann Maiser, Continued) porch/deck addition increases the hardco\ er from almost 29 % to 30%. The proposed garage would be constructed over the existing driveway access; therefore no additional hardcover is created. Mr. Maiser commented that they are essentially adding a two-car garage over an existing concrete driveway. The house currently has a two-car tuck-under garage that holds only one car and is used mainly as a workshop. They also looked at adding a three-season porch under the deck that collapsed but it became non-functional. There were no public comments. Smith asked for a a review of what is considered "replacement" versus "new" structure. Weinberger indicated these areas on an overhead diagram. Hawn stated she had no problem with the garage or deck replacement, but had a concern with the porch/deck addition because it exceeds hardcover standards. Lindquist agreed with Hawn and stated that no additional hardcover should be allowed. No more structural coverage should be considered for the 75-250' setback. He would allow the hardcover that exists but no additional hardcover. Weinberger added that the Staff report did not indicate that a 35' setback is required to be met to the road, and the proposed porch encroaches 8' into the 35' setback, requiring an additional variance. Mabusth stated that she thought the existing garage was going to be removed. Mr. Maiser confirmed that it would not be removed. Mr. Maiser stated that landscaping plastic could be removed to address hardcover issues. I.indquist replied that the landscape plastic would need to be removed if any variances arc granted, and there would be no credit for it. Mabusth asked for clarification of the hardcover calculations regarding new and replacement structure. Weinberger responded that in the past in some remodels the 75-250' zone had been considered for additional hardcover when they didn ’t meet the 25% requirement. Mabusth noted the lot has many hardships including the angle of the house, the 35' setback, and the location of the 75' setback. Excesses in hardcover already exist and nothing can be removed e.xcept the existing garage, which is located out of the 0-75' setback area. She suggested tabling the application w ith direction to the applicants, such as major reductions in hardcover and no encroachments in the 0-75' zone for the porch/deck addition. Removal of the existing garage/workshop and the greenhouse may be options to reduce hardcover. Mrs. Maiser indicated that it may be possible to remove the greenhouse, but one of the main reasons they bought the property was because of the workshop area. Weinberger noted that 56% of the lot is within 75' of the lake, which creates a real challenge in working with improvements. PAGE 11 4 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, July 16,2001 (#01>2693 David And Marvann Maiser, Continued) Lindquist stated that the lot is "maxed out" which is why the additional porch/deck is a problem. Mabusth reiterated that it would be difTicult for her to approve the porch/deck addition because of the excessive hardcover. Stoddard stated he would approve the garage and deck replacement, but would like to see the deck removed from the porch addition in the 0-75' zone. Anything else that could be done to remove hardcover would be helpful, such as the greenhouse or sidewalk. Hawn stated she would accept tlie porcit/deck addition if it could be reduced to meet the 25% hardcover requirement and move it within the street setback. Berg suggested that as they reconsider their plans, all items to be removed should be shown so there are accurate calculations. Mabusth added that the porch/deck addition should meet the 35' setback rather than having an S' encroachment into that setback. Mrs. Maiser stated there were some considerations in the porch addition for the entry since the proposed entry is yvhere an existing yvindoyy is located and moving the addition back 8' may impact that entry. Hawn moved. Smith seconded, to table Application itOl-2693, David and Maryann Maiser, 2700 Shadywood Road, requesting variances for a garage, deck replacement and porch/deck addition. Ayes 7, Nays 0. (ff6) #01-2694 BAYWIND CHRISTIAN CHURCH, 2477 SHADYWOOD ROAD, CONDITIONAL USE PERMIT, 8:33 p.m. - 8:58 p.m. George Wells. Helmer Heckal. Pastor. Greg Metz, and Frank and Joan Svoboda, property oyvners, appeared on behalf of the Bay Wind Christian Church. The Certificate of Mailing and Aflldavit of Publication yvere noted. Bottenberg revieyved the Staff report stating that the BayWind Christian Church is proposing to occupy an existing structure located at 2477 Shady'wood Road yvhich has previously been used as a realty office and environmental services business. Ttie building is located in the B-4 zoning district yvith a recent code amendment which alloyvs "churches" as a conditional use in the B-4 Office and Professional Business District. The church would like to purchase the building as an interim step toward constructing its own church building in the future. There are no plans for structural changes, but they yvill remodel a number of interior spaces. The building consists of two floors. The entire second floor will be used by the church as a sanctuary, conference rooms and church offices. A PAGE 12 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, July 16,2001 (#01-2694 Baywind Christian Church, Continued) portion of the first floor will be used by the church for Christian education, with the remainder to be used as professional office space which will be leased back to the current owner. Bottenberg stated that the building setback from a residential district of SO* is met. The site plan meets the required 54 parking spaces, which is one space for each four seats in the sanctuary. The church also has an agreement with the Freshwater Biological Institute to use the parking lot for overflow purposes. The City may want to look at putting in a sidewalk along Shadywood Road to gain parking w ithout having to cross Shads wood Road. The church’s primary use is Sunday morning services, and for the most part wilt have different hours than the business activities occupying the building. Bottenberg stated that the Fire Marshall has reviewed the parking plan and has no objections to the plan or w ith emergency vehicle access. The parking spaces meet the required 10' setback from the rear yard. The church entrance/exit is on Shadywood Road, meeting the required access onto a collector street. The B-4 performance standards for lot width, setbacks and building height have been met. A signage plan has not been submitted, but the allowed signage is I s.f. per foot of lot w idth, not over 50 s.f. There are no issues with gmding and drainage on the site. A plan should be submitted indicating the location and screening of trasi) receptacles. A lighting plan should also be submitted. A single family home is located to the rear of the property. Immediately adjacent to a parking area. Vegetation exists but it will lose its leaves in the winter. An evergreen hedge or one that would have leaf on year round would provide more screening to the residential property. Meckel stated that the church doesn't need 252 s.f. for signage. The existing sign won't change. Smith asked about the lighting plan. Meckel responded that the existing lighting will be sufficient for their needs. Welles stated that one change to the building would be to add a handicap ramp. Mawn asked about the refuse area. Welles replied that the existing area that is occasionally used for a dumpster is adjacent to the loading dock and is somewhat screened by vegetation. Lindquist confirmed that the Planning Commission was approving a conditional use permit for the church use in the B-4 zoning district and verifying that the church meets all the conditions of the B-4 district. PAGE 13 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, July 16,2001 (#01-2694 Bayuvind Christian Church, Continued) Weinberger confirmed that the current lighting meets the intent of the zoning code and is consistent with other commercial or industrial buildings. Mabusth asked if the adjacent residential property owner achieved access through the church property. Welles responded that he does not nor docs he have any vehicles on the church property. Hawn suggested the applicants be prepared to discuss with Council the lighting, refuse and screening plans for the property. Gaffron e.xplained that the B-4 district has a fencing requirement when a B-4 office and professional district abuts an R district along the side or rear lot line where a fence or compact evergreen hedge not less than 50% opaque nor less than 6' in height is required. This would indicate that the fencing requirement would be appropriate for the width of the parking lot. Hcckel stated that information regarding a play area was not mentioned in the Staff report. Gaffron clarified the intent was to be a fenced area for children to play in for short periods of time and not a day care use. Hawn added that a plan for the play area should also be submitted for Council's review. There were no public comments. Hawn stated she had no objections to granting the conditional use permit but some details would need to be documented before presenting to Council, such as signage, lighting, location of play area and screening. Smith asked how the issues had been resolved with parking at the Freshwater Center. Welles responded that the church no longer planned to use the Freshwater Center parking lot on a regular basis. Heckcl stated there would be occasions, such as weddings and funerals, w here use of the Freshwater Center parking lot may occur. Mabusth verified that there was an agreement with the Freshwater Center on file w ith the City regarding the parking lot use. Fritzler indicated that the sidewalk along Shadywood Road that was discussed would not be a City issue but a County issue. He noted that the area is a 40 mph speed zone. Berg added that traffic often travels quite fast in this area. Fritzler stated that Sunday traffic is also heavy with boat and lake use traffic. Planning Commission members reiterated their concerns with pedestrians crossing ShadyAvood Road. Lindquist moved. Smith seconded, to recommend approval of Application #01-2694, Bay Wind Christian Church, 2477 Shadywood Road, granting approval of a conditional use permit, subject to submittal of plans regarding lighting, screening, signage, play area and dumpster screening, as well as a letter from the Freshwater Biological Institute regarding use of the parking lot. Ayes 7, Nays 0. PAGE 14 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, July 16,2001 (#01-2694 Baywind Christian Church, Continued) ileckel expressed his appreciation for the patience and fairness the Planning Commission and City have shown the church representatives in working with their applications. (#7) #01-2696 ABC SUPPLY COMPANY, INC. 2765 WAYZATA BOULEVARD, CONDITIONAL USE PERMIT, 8:59 p.m. - 9:38 p.m. Myron Dahl. Ma.iager of ABC Supply Company. Don Jeziorski, Lessee for ABC Supply Company, and Steve White, properly owner, were present. The Certificate of Mailing and Affidavit of Publication were noted. Weinberger explained that ABC Supply has been leasing the VCl Capital building since March of 2000. ABC Supply is a wholesaler and warchouser of building and construction supplies including roofing, windows, and siding sold exclusively to contractors. Wholesale and warehouse businesses are permitted uses in the Industrial district. ABC has been using a portion of their yard for outside storage and such storage is only allowed as a conditional use in the Industrial district. ABC also leases the north 125 ’ of the lot to the south and is proposed to be used under the conditional use permit for outside storage. The conditional use permit would allow ABC pennanent outside storage of stock materials. Orono’s zoning code does not define permanent or temporary outside storage. Staffhas discussed with ABC how the outside storage is handled. Often ABC receives materials at night or early in the morning, then w ill unload the trucks, leave the materials in storage for a short period of time, and then deliver w ithin a day or two to a job site. Staff had told ABC that as long as the materials were on the property for no longer than 72 hours, temporary storage would be allowed. Other cities typically allow 48 to 72 hours for temporary storage, which allows for Friday deliveries to be handled on Monday mornings when the business reopens. The property area at 450 Old Crystal Bay Road is 2.3 acres with a 32.000 s.f. facility used to house construction materials. 1 he conditional use permit requires screening to buffer the storage area and its activities from surrounding lots. Lots to the east and north of the property are also industrial properties. How ever, lots to the west are proposed for medium density development of 2-4 units per acre in the Comprehensive Plan and would need some type of buffering. The new Highway 12 is proposed to the south of the property. The screening or fence is required to be not less than 5' in height that would be located along the west property line not less than 50% opaque. The City also has the ability to require landscaping with trees, shrubs and other types of groundcover. Staffhas a plan which proposes a raised berm w ith plantings on and around the berm. This would screen an area that currently has pallets stacked two high and approximately 6' in height. The site is served by a 26' wide driveway with access from Old Cry stal Bay Road and a staging area where trucks load and unload. A shared loading dock is located on the neighboring property. Employ ee parking is permitted and required on the site with a 75' setback for parking. With the building located 100 ’ from Old Crystal Bay Road, a 75' setback with a 20' parking space doesn't PAGE 15 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Moaday, July 16,2001 (/WI-2696 ABC Supply Company, Inc., Continued) allow enough area for parking and maneuvering of vehicles on the west side of the building. This may require the parking to be within 60' of the right-of-way. Customer and visitor parking are located approximately 6’ outside the building entrance where 10’ is required. The Applicants have requested to continue to use the parking area as it exists. ABC has both summer and winter business hours. Outside regular business hours there may be delivery trucks entering the site and waiting for the business to open, or the truck may pull in, drop a trailer and leave. Deliveries arc typically made with semi trucks. There have been some phone calls stating that trucks have been idling all night long. This type of activity has the potential to generate e.xcessive noise and odors that would go off site. The Zoning Code has performance standards which allows the City to protect the public safety and health against such things as noise, smoke, toxic or noxious matter, odors, vibration and glare. Lighting is consistent with other industrial and commercial areas with standard wall ppck lights on the building to provide security. No e.xcessive glare is visible at the property lines. A large Hood light located on the south side of the building is of concern. For safety and fire reasons. Staff recommends that the entire 26' roadway through the facility be left open at all times. Weinberger stated the issues for discussion should include the following: - Location and operation of outdoor storage area, including screening - Parking-location and screening - Noise - Hours of operation Lighting - Traffic - Use of outdoor storage area and compatibility with surrounding properties Staff recommends approval to allow the outside storage, subject to the follow ing conditions: I.Activity related to outside storage shall be limited to the hours specified by ABC as their regular business hours. 2.All parking related to the operation of the business shall be limited to the areas designated on the plan and approved by the City of Orono. Parking areas arc required to be a hard, all-weather, durable, dust-free surface material, and appropriate screening shall be provided for all parking areas on-site. 3. Light sources must not be visible beyond the property boundaries. 4.Conditions shall be placed on the limits of activity that occurs during non-business hours, including deliveries, transporting materials on site and parking of business related vehicles. PAGE 16 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, July 16,2001 <<^01>2696 ABC Supply Company, Inc., Continued) 5.Screening shall include an elevated berm with evergreen plantings on and around the berm wuh the intent to protect the residential properties located west of Old Crystal Bay Road, a final landscaping plan shall be submitted for review prior to the Council Action. 6. All noise generated by the operation of the business shall not c.xcecd the allowed noise levels as set by the City of Orono Noise Ordinance. 7.Any other conditions as the Planning Commission feels necessary to protect the public safety and health from noise, smoke, toxic or noxious matter, odors, vibration and glare. Jeziorski stated that they realize additional landscaping is required and were looking for Staff and Planning Commission recommendations. Steve White, property owner, stated he was in attendance to answer any questions. There were no other public comments. Lindquist asked if the Applicant had any problems with the staff suggestions. Jeziorski replied that he didn't but had not seen the plan for the berm prior to the meeting. Lindquist expressed concern that the Applicant had not had sufficient opportunity to review the plans. Jeziorski stated that they had been considering either berming or fencing with privacy slats. Weinberger stated that there was an existing berm created approximate!) two years ago. The proposed plan would be an expansion of the existing berm. Hawn asked for clarification of the type of vegetation to be used on the berm. Weinberger suggested evergreens for year-round protection of the site, but other trees and shrubs could also be considered as part of the plan. Stoddard asked if there had been any input from neighboring properties. Weinberger responded that a couple anonymous calls had been received regarding idling truck noise at night. Jeziorski stated that independent truck companies make deliveries. They are requested to give a 24 hour notice but they don’t always do that. Trucks could come at any hour of the night and wait for the business to open. The applicants are willing to post the property but couldn't post the road or right-of-way. Hawn asked if it was possible for the trucks to park somew here and turn off the engine. Dahl stated there was only one fence with a gate that is locked at night. Hawn stated that the ABC business had the potential problem of idling trucks, and it would be their problem to resolve rather than the City's. Weinberger stated it was possible that delivery trucks could park offsite (truck stops) or in the 100* of driveway that isn’t locked, and a sign could be posted on the gate indicating no idling engines. Jeziorski stated that a truck with a diesel engine would not shut it off. White stated it may be possible to use the Drop Ship parking lot after hours. PAGE 17 1 1 ^ 11' ^ MV7 La -^ -jjl MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, July 16,2001 (#01*2696 ABC Supply Company, Inc., Continued) Fritzler indicated that a police ofTiccr could ask an idling truck to move to the other side of the building to the Drop Ship parking lot if he was aware of the regulation. Most of the time, the truck driver would move his truck. If the truck driver refuses to move, the police could possibly issue a citation for violation of the noise ordinance. Stoddard felt that with a property the size of ABC’s, there should be a way to address the parking issues. Hawn referred to the bituminous parking. Jeziorski confirmed that the employee parking would be bituminous. Gaffron referred to the parking setback issue and the possibility of a variance request. Jeziorski confirmed that there was a ma.ximum of 12 employees which would require 12 employee parking spaces. Stoddard asked if there was a way to avoid a variance by getting the employee parking inside the gated area. Jeziorski replied that they are still working on the plans. GalTron asked if there was any possibility of leasing more space to the south of the outside sto" age. Jeziorski stated they were looking at options for employee parking and fencing. Jeziorski addressed the flood light issue. He stated that it was only used for emergencies and would only be used during business house. Planning Commission members did not object to use for emergencies. Mabusth asked how many delivery trucks ABC has in the storage area. Jeziorski replied there are four trucks - one semi, two cranes, and one conveyor truck. He added that they were currently- stocked at their ma.\imum capacity because of the busy construction season. Inventory is greatly- reduced from November to March. Employees are also reduced to 6 or 7 in the w inter. Jeziorski stated that if the application were tabled, he could prepare a landscape plan w ith the berm and trees. Hawn requested that he also work on a parking plan without variances. Smith asked if the new Highway 12 plan would affect their business. Jeziorski replied that ABC was not a destination for that traffic since they work with contractors and deliver the product to job sites. Hawn moved. Lindquist seconded, to table Application #01-2692. ABC Supply Company, Inc., 2765 Wayzata Boulevard, requesting a conditional use permit to allow outside storage. Ayes 7, Nays 0. PLANNING COMMISSION COMMENTS (#9) REPORT OF PLANNING COMMISSION REPRESENTATIVES ATTENDING COUNCIL MEETINGS JUNE 25,2001 AND JULY 9,2001 Smith stated she auended the June 25"' Council meeting and commented that the Council reviewed the same issues as the Planning Commission regarding the BayWind Church application and came to the same conclusions as the Planning Commission. PAGE 18 MINITTES OF THE ORONO PLANNING COMMISSION MEETING Mooday, July 16,2001 (Rcpoil of Planning Commission, Continued) Mabusth stated she attended the July 9th meeting where Council denied the application for the Cables on Ivy Place for their request to allow an ice house to remain on the property. Council tabled the application on Park Drive for a garage addition because Council couldn’t find sufficient hardships. Mabusth distributed information on variance hardships received from John Shardlow and Bruce Malkerson. (#10) PENDING BOAT STORAGE ORDINANCE REVIEW . PRELIMINARY DISCUSSION Planning Commission members felt a work session would be the best method to discuss boat storage and discuss the information provided by Gaffron in the memo dated July 10, 2001 . GafTron e.xplaincd that because notice was giving prior to the July 9 Council meeting when boat storage was initially discussed, potentially it could be considered a public hearing. Ga^ron added that it was the intent to have a Planning Commission work session, draft a proposed ordinance amendment following the work session which would be at a public hearing at the nc.xt Planning Commission meeting, and then have the ordinance go to Council for adoption at the end of August. GalTron indicated that the public at the Council meeting were interested in having larger boats that they could store on their property without screening. Stoddard requested that GafTron review two things prior to the work session. White plastic versus blue plastic. He had heard that in the south white is used because it doesn't absorb the heat; while blue plastic is used in the north because when there is hca\7 snow or ice, the blue plastic absorbs and melts the moisture. 2)Seasonal storage. He has observed some boats that have been on a property year-round for several years. Fritzler commented that vehicles that are unlicensed and inoperable are addressed in Orono's code, however boats arc not. It may be an option to pursue for boats as well. Gaffron stated that these ordinances have been enforced by the Building and Zoning statY rather than the Police Department. A work session to discuss boat storage was scheduled for July 3 1 at 8:00 a.m. in the Council Chambers. (#11) OTHER ISSUES FOR DISCUSSION None PAGE 19 been on a property addressed in Orono s well. Gaflron stated alT rather than the 0 a.m. in the Council minittes of the ORONO PLANNING COMMISSION MEETING Monday, July 16.2001 ition for the ty. Council tabled sufficient John Shardlow and RY DISCUSSION liscuss boat storage ting when boat i. Gafiron added sed ordinance : next Planning the end of August. I having larger PLANNING COMMISSION APPROVAL OF MINUTES FOR MAVII. 1«» AND JUNE 18,2001 Commission meeting ns submitted. VOTE: Ayes 7, Nays 0. .1.- minutes of the June 18,2001 Planning Berg «.*«!, H»»* T’”*" Commission meeting as submitted. VOTE: Ayes 7, Nays 0. SELECTION OF REPRESE^ATIVES FOR CITV COUNCIL MEETINGS ON JULY 23,2001 AND AUGUST 13,2001 July 23 - Hawn August 13 • Stoddard adjournment B.rg SmMb I. th. •' l""- ThCTe being no forthet business to discuss, the meeting was adjouined at 9.4J p on. south white is used ;d in the north ibsorbs and melts Elizabeth Hawn, Chair PAGE 20 Page 1 t Mike Gaffron - Part. 001 21,2001 AND 1 Planning tanning etings on p.m. Dear Mr. Gaffron. Orono Cty Council and Planning commission. After reviewing the "“'Si 26 foot M« t» vw^oo -It ocoof. ,««o,«w.« r<«'«r^iaSi.X^2K2o "7 and I will do with it as I , P ,gast offensive location. If the city KfoS^^S^Sg «. OituMOO «* otho. »« o««. in the dty this appears to be a consensus. I understand that the I Srilt something to further greater amount of pressure if Se a more 1 standard. What are my choices? You will be backing me into a comer As lottoe rewiired JS^cUtKi^ ^ v..- H the 0,1, chos« to ."ect^ly .ssu. Kl.«s. ro be oattful of la«so«. based on discrimination. 00 , dOfo^nt not..«.«, to. ■’TSoTrttT'^SliS'.wCJS’ over my grass S'^oS.roTSfls^ » S ooo,„a,nt «.!.««.« the city What can be done about this? Eagerly awaiting your response. David B. Boies. Jr. 1360 Rest Point Circle South Orono. MN 55364 h 952-472-5739 w 612-667-3397 boiesdb®aol.comDavidBoiesJr@wellsfargo.com ’1, mm. iimii 1 aniir ’iWtSSS ’iPTTimi 'flCC lie TTTin H7ri(C unrrr ITIE IMG iin ITiliR iTTiTi TTTsrS ITRt V 1 do not agree with the fence option. I love my neighborhood as it is open and I have lake views. If all the neighbors in my neighborhood were forced to put fences up to "hide" their boats then I would be surrounded by fences. If you intend to keep this ordinance, then I would like to see it updated to fit the average size boat that you find on Lake Minnetonka today. Or, 1 would request that 1 be grandfathered in as 1 owned my boat etc. when I bought my home and prior to your decision to enforce an outdated ordinance. I would like to repeat my opening statement that forcing me to utilize a boat storage facility at a cost much higher than what I pay to keep my boat on my property (which is free) only helps line the pocket of these people who own the boat storage facilities. This is not in the best interest of the majority of the community in my opinion. Please feel free to contact me if you wish to discuss this further. Sincerely, Marti Lynn Boehmer 3750 Casco Avenue Orono, MN 952-471-8583 Cc: Mike Gaffron Barb Peterson Richard Flint Jay Nygard Bob Sansevere Jim White ^ iiii.li* fUH iTfcii ir>4* Boats in my immediate area 36 foot Grand Sport 21 foot Crown Line 19 foot Northwoods 17 foot Crestliner 21 foot SeaRay 17 foot Alumacraft 32 foot Cris Craft 25 foot Tiara 23 foot Supra 18 foot Ranger 21 foot Sailboat 27 foot Century 30 foot Titan 5'^ wheel 83 foot cabover camper on a 22 foot 1 ton truck also a variety of sized snowmobile trailers. Mike Gaffron • Boat Storage Pagel From: To: Date: Subject: <TGOl.MW@aol.com > <mgafrronOci.orono.mn.u8> 8/20/01 2;37PM Boat Storage Dear Mr. Gaffron, First, I appologize for submitting my comments at the last moment, I had planned to attend the meeting tonight. Very quickly, i feel this is a boating community and winter storage is a part of that. I am against restrictions on winter storage. For many, the best spot to store thier boat is next to a garage. The lots around the lake are narrow and do not accomodate having to be 10’ from the side lot line. In regards to the length restrictions, again I feel there should be no restriction, but should be a minimum of 32'. The comments I have read in the paper make me think of the controversy over airport noise. I know personalty people who have moved into the area and then expect the airport to do something about the noise. Like the airport, the lake was here long before most of the residents. People choose to live in the Mtka. community and winter boat storage is a part of it. I would like to add, I choose to store my boat off site so my comments are not for personal gam. If you have any questions I can be reached @ 952-464-7689. Best Regards. Tim Olson 4757 Tonkaview Lane Orono Mike Gaffron • Re: Boat Storage Ordinance Page 1 From: To: Date: Sul^ect; Mike Gaffron EAGLE09676@aol.com 8/20/01 11:38AM Rc: Boat Storage Ordinance Brent • Thanks for your comments • I will forward them to the Planning Commission at tonite ’s Public Hearing (8:00 p.m. at the Orono Council Chambers. 2780 Kelley Parkway). This is a followup to the hearing held by the City Council on July 9... Mike Gaffron i »> <EAGLE09876@aol.com> 08/20/01 11:12AM »> Dear Mr. Gaffron: I think we need a hearing on this before the City Council approves anything. I feel they can repeal the existing Ordinance and that we are better without an Ordinance than the one proposed. Thanks, Brent Lindgren Mike Gaffron - Boat Storage Ordinance Page 1 From: To: Date: Subject; <EAGLE09876@aol.com> <mgaffron@ci.orono mn.us> 8/20,31 11:19AM Boat Storage Ordinance Dear Mr Gaffron: I have mainly 2 problems with the proposed ordinance: 1) Do not have a sideyard setback or reduce it to 2' for boats up to 27‘. 2) Eliminate screening requirement for boats up to 27*. The proposed screening doesn t make any sense. How high can a fence be? Beyond the height of the fence what can I use because you say I can't use canvas or tarps. Thank you Brent Lindgren III I III 1^1, ti,i >r: Mike Gaffron - Part. 001 Page 1 \ *1^ I will be out of town on Monday, so I can't attend *.he meeting, but would like to voice my opinion. I have lived on Lake Minnetonka all my life and paid very large sums of money for property taxes. This proposal to not allow boat storage on your own property is toatally rediculus in my opinion. I would like to know the reasoning behind this proposal. This has been a right of property owners for as long as I have been here I believe that we as tax paying citizens should be able to Store our boats on our OWN property as long as it does not pose a threat to others or cause envirorwnental issues. A concerned Orono Citizens. I..•«-