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Home My WebLink About09-18-2000 Planning PacketORONO PLANNING COMMISSION Monday September 18,2000~6:30 p.m. 2780 Kelley Parkway-Council Chambers AGENDA Council Representative: Robert Sansevere AUDIENCE MEMBERS: Please sign in for the public record at the front podium if you wbh to address the Planning Commbsion. Applicants will be asked to move to the front table to answer questions when the Chair announces the application. The Planning Commission is an advisory body to the City Council. If action is taken on any items on thb agenda, they will be scheduled for the October 9,2000 City Council meeting unless otherwise noted by the Chair. PUBLIC HEARINGS Review of these items will commence prior to or between scheduled public hearings. 1. 2. 3. 4. #2596 #2604 #2608 #2609 Brenshell Homes, 1181 Wildhurst Trail, Subdivision (Staff: Paul Weinberger) James Anderst, 3380 Shoreline Drive, Conditional use permit. (Staff: Paul Weinberger) Phillip and Karen Skoog, 280 Tonka Avenue, Variances. (Staff: Wendy Bottenberg) Alan and Maxine Opheim, 1985 Eagerness Point Road, Variances. (Staff: Wendy Bottenberg) SCHEDULED PUBLIC HEARINGS 7:15 p.m. 5.#2615 7:30 p.m. 6.#2616 George and Gloria Johnson, 879 Brown Road North, Lot line rearragement. (Staff: Paul Weinberger) Minnetonka Center for the Arts, 2240 North Shore Drive, Conditional use permit. (Staff: Paul Weinberger & Wendy Bottenberg) CONTINUED PUBLIC HEARINGS 7.#2610 Jerome J. Hall, 80 Leaf Street, Variances. (Staff: Paul Weinberger) 8.#2611 Marlys McCarty, 225 Tonka Avenue, Easement vacation. (Staff: Paul Wctnber,<;er) I 9. 10. #2612 #2613 Donald Macmillan, 2550 Fox Street, Variance. (Staff; Wendy Bottenberg) James and Debra Renckens, 3020 Watertown Road, Variance. (Staff: Wendy Bottenberg) 11. 12. #2614 #2617 Joe and Sue Haus, 4485 Bayside Road, Variance. (Staff: Paul Weinberger) Doug Olson and Barbara Bowers, 2601 Lafayette Road, Variances. (Staff: Wendy Bottenberg) 13. 14. #2618 #2619 John Walker, 1368 North Ann Drive, Variance. (Staff: Wendy Bottenberg) Paul and Denise Aasen, 577 Park Lane, Variance. (Staff: Paul Weinberger) PLANNING COMMISSION COMMENTS IS.Report of Planning Commission representatives attending Council meetings August 28,2000 and September 11,2000. 16.Other issues for discussion. 17.Planning Commission approval of minutes for August 21,2000. Selection of representatives for City Council meetings on September 25,2000 and October 9,2000. ADJOURNMENT ’4 r 1 Public A ttendance Mee^g D ate 9 j</. u> '■ □ □□ COUNCIL PLANNING Commission Pakk C ommission Other _______ NAME (please print)address PRESENT FOR (from agenda) NAME OR NUMBER 515 N- ^ hSi" F^A<^cn-uns f7, £.F'. Uf A . H-2^10 ben: Public A ttendance Mee^g D ate □□□□ COUNCIL PLANNING C ommission Park commission Other ___ wmmsssm NAME (please print)ADDRESS PRESENT FOR (from agenda) NAME OR NUMBER 5. 7. 9. 10.. 12. J 13.. 14. 15.. VUfM / Application Date: 6/21/00 Deadline: 11/11/00 TO:Chair Hawn and Orono Planning Commission Members Ron Moorse, City Administrator FROM:Paul Weinberger, Zoning Administrator/Planner DATE:September 14,2000 SUBJECT: #2596 Brenshell Homes 1181 Wildhurst Trail Class III Preliminary Subdivision«S lots Zoning:LR-IB, One Family Lakeshore Residential, 1 Acre Minimum lot size Application: Five lot subdivision of a 7 acre site Construction of Garden Lane and New Road Lbt of Exhibits: A B C D Revised Site Plans City Engineer Comments June 19,2000 Planning Commission Minutes Staff Report (6/15/00) Application Deadline: Brenshell Homes has agreed to extend the application deadline to November 11,2000. Application Revievr: Brenshell Homes has proposed a 5 lot subdivision of a 7 acre parcel located at 1181 Wildhurst Trail. Access is proposed fiom Garden Lane, which is a platted right-of-way that is undeveloped. Garden Lane would connect Tonkaview Lane to Outlot A. The road is proposed as a public road to the end of the cul-de-sac. All lots would be connected to sewer and be served with private wells. Sewer is available in Wildhurst Trail and would need to be extended between Lots 2 and 3 to the new road. The 5 proposed lots would average approximately one acre in size. Lots 2 and 3, located at the end of the cul-de-sac, do not have the required lot width for new lots in the zoning district. They would require variances for lot width. Council Action and Plan Revisions: The City Council reviewed this item on September 11,2000 and voted unanimously to return the request by Brenshell Homes to the Planning Commission due to revisions in the Plan. Staff had made recommendations to the developer regarding the proposed locations of the houses on Lots 2 and 3. The developer has responded and relocated the common property line 20' to the north. 12596 Brenshell Homes 1181 Wildhum Trail Subdivision Page 1 j *• .. % i Secondly, the cul-de-sac has been shortened 40'. This allows the building sites for lots 2 and 3 to be located closer to the top of the hill and where the land is flatter allowing for a more usable back yard. The primary reason for relocating the building sites was the ravine located edong the south property line of Lot 2. The developer has created a drainage swale behind the building pads on Lots 2 and 3 to redirect stormwater runoff from the houses to the storm water pond on Lot 1. In a letter, dated September 11, 2000, by Barr Engineering (consultant hired by a group of neighborhood residents) it was noted there are several maple trees located at the west end of the ravine that should be protected. In response to the concerns addressed by the neighborhood, the developer has relocated the stormwater pond to the west to protect any mature vegetation around the ravine. The following is a list of concerns the developers were provided with regarding the original plan. Many of the concerns have been addressed by the plan revisions submitted by Mark Gronberg, Coffin & Gronberg, dated September 12,2000. 1.The property has a number of sensitive natural features that should be protected and managed when the property develops. The northerly ravine, proposed as Outlot A, would be protected by placing a conservation easement over that area. Proposed Lot 2 is proposed to include some regrading to help redirect storm water to the NURP pond located on Lot 5. Some of the grading is in the proximity of a drainage ravine located along the south property line of Lot 2. Staff has discussed this issue with the developer and recommended the common property line between Lots 2 and 3 be shifted to the north to allow the building site for Lot 2 to move awav from the drainage area and ravine. (Plans have now been submitted) 2.All drainage off the structures that would be located on Lots 2 and 3 should be redirected towards the cul-de-sac where the drainage would enter the storm sewer and flow towards the northern NURP pond. The concern is draina;^? from the structures would be concentrated towards Wildhurst and could impact the stability of the slope and drainage towards the lots east of Wildhurst Trail. j.Protection of the wooded areas along Wildhurst and protection of the ravines would be accomplished through the granting of conservation easements over those areas. A conservation easement would be granted over the east half of Lots 2 and 3 to protect those areas from removal of vegetation and land alteration. Additional easements would protect the two drainage ravines. 4.The proposed grading plan reduces the existing drainage area to the southerly ravine by about 2.5 acres. Storm sewer will redirect this drainage area to the north pond where the gradient is half as steep as the south ravine. The City Engineer has reviewed the drainage calculations 12596 Brenshcll Homes 1181 Wildhurst Triil Subdivision Page 2 i ►* and commented they appear acceptable. Both ponds reduce the off-site flow rates compared to pre-development conditions. 5.The City is strongly recommending the developer not disturb the trees and.grades east of the cul-de-sac along Wildhurst Trail. The portions of the sewer that would be installed between Lots 2 and 3 and along Wildhurst shall be directionally bored to prevent any disturbance to the steep slopes. Sewer Service: Sewer Service is available in Wildhurst Trail. The main line would be extended in Wildhurst to a point between Lots 2 and 3. A utility easement 20' wide shall be granted between lots 2 and 3 from Wildhurst Trail to the cul-de-sac and standard utility easements shall be granted over Outlot B to allow extension of service to Garden Lane. The developer shall be responsible for construction the service out to Garden Lane. The portions of the sewer that would be installed between Lots 2 and 3 and along Wildhurst shall be directionally bored to prevent any disturbance to the natural grades and not require removal of mature vegetation on the slope. Boring under Wildhurst would also eliminate the need to temporarily close access to properties north of the proposed improvements. Options for Action : 1. Recommend approval subject to the following conditions: 1. 2. 3. 4. 5. 6. Lot Width variances be approved for Lots 2 and 3. Drainage and utility easements be dedicated on the final plat 10' along extenor property lines and 5' along interior property lines, stormwater detention ponds located on lots 1 and 5. Drainage easements shall be dedicated for the lower ravine located on Lot 2 and a conservation and flowage easement shall be dedicated over the south portion of Lot 2 to ensure the higher elevations of the ravine are also protected. A conservation easement be placed over Outlot A to protect the ravine from any land alteration and vegetation removal and over the east side of Lots 2 and 3. Lftility installation shall require directional bored lines under Wildhurst Trail and between Lots 2 and 3. Subdivider shall satisfy all concerns and requirements noted in the letter dated August 15,2000 by Tom Kellogg, City Engineer. 3. Recommend denial, stating reasons. 4. Table for additional information. 5. Other action. M2596 Brenshell Homes list WildhumTrail Subdivision Page 3 4 - ■ ■ - ! :c! 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I I ■■ '■: i INlY TAKEN FRC 71POSSIBLE HOUSE smL^o —cz •H •< sp^t- OD S Si| =j ^ _ -n° S §m 50i X >* z oo n § -• • O H ro —o o I i COo •H > O (/) 73 73o ;o > 5 1 T1 •H om• 1/1 Bonestroo Rosene Anderlik& I Associates Engineers & Architects August IS. 2000 Bonestroo. Rosene. Anderlllt jnd Associatei. Inc. Is »n Affirmative Actlon/Bqual Opportunity Employer and Employee Owned Principals: Otto G Bonestroo. PE • Marvin L Sofvala. PE • Glenn R Cook. PE. • Robert G Schunicbt. PE • Jerry A Bourdon. P.E. Senior Consultants: Robert W Rosene. PE • Joseph C Anderiik. P£. • Richard E. Turner. PE. • Susan .M. Eberlin. C.PA. Associate Principals: Howard A Sanford. PE. • Keitn A Cordon. P£. • Robert R. Pfefferle. PE. • Richard X Poster. PE. • David O. Loskota. PE • Robert C. Russek. A.I.A. • Mark A. Hanson. PE. • Michael T Rautmann. PE • Ted K Piefd. PE. • Kenneth P Anderson. PE. • Mark R. Rolfs. PE. • David A. Bonestroo. MBA.* Sidney P Williamson. PE. L S • Agnes M Ring. MBA.* Allan Rick Sc^m PE. Offices; St Paul. St. Cloud. Rochester and Wiiimar. MN * Milwaukee. Wl >Mebsitc: www bonestroo com Mr. Paul Weinberger Zoning Administrator/Planner City of Orono Post Office Box 66 Crystal Bay. MN 55323-0066 Re: Brenshell Homes 6-Lot Subdivision @ Garden Lane BRA File No. 139-2596 Dear Paul: We have reviewed the preliminary plat for the proposed six-lot subdivision for Brenshell Homes. The site is located east of Garden Lane and west of Wildhurst Trail in the west half of Section 7. We have the following comments in regards to engineering matters. 1. Utilities: The proposed sanitary sewer installation raises some concerns. Sewer is proposed to be installed in an existing steep slope between Lots 2 and 3 and also down the center of Wildhurst Trail. Disturbance of the steep slope is a serious erosion concern. Installation of the sewer in Wildhurst Trail will require the removal of the entire driving surface making through traffic difficult if not impossible. We strongly recommend that the portions of the sewer between Lots 2 and 3 and the segment along Wildhurst Trail be directionally bored to prevent disturbance to the steep slopes and allow for through traffic during construction. Final plans should include plan and profile views of the sanitary sewer. Record plans should be provided to the City upon project completion. City standard details should be included in the plan set. 2. Streets: Plans should include a typical street section. A geotechnical analysis. R-value recommendation and pavement design calculations should be submitted for review. It appears that the street will be an urban section with curb and gutter. All curb and gutter shall be concrete, no bituminous curb is allowed. The fire chief should review and comment on the proposed hammer handle tum-around on Garden Lane. The chief should also look at the proposed driveway alignment to serve Lot 5. Recent discussions with local firefighters indicate that long curving driveways can be an obstacle for fire trucks. The City should review and determine whether Garden Lane should be constructed further to the north to provide access the Saga Hill Park. 3. Grading and Drainage: The proposed grading plan reduces the existing contributing drainage area to the southerly ravine by about 2.5 acres. Storm sewer will redirect this drainage area to the northerly ravine where the gradient is half as steep as the south ravine. This is consistent with our previous comments. The developer’s drainage calculations appear acceptable. Both ponds reduce the off-site flows compared to predevelopment conditions. Both ponds should have outlet structures constructed to City standards that provide skimming to the 100-year storm event. Storm sewer design and calculations should be provided for review. Final plans should be submitted to the Minnesota DNR and the Minnehaha Creek Watershed District for their review and approval. 4. Easements: Drainage and utility easements should be provided 5-feet wide along ail interior lot lines and 10-feet wide along roadway right-of-ways. Drainage easements should be provided 2335 West Highway 36 • St. Paul, MN 55113 • 651*636-4600 ■ Fax: 651-636-13I1 across all drainage ways and ponding areas. It appears that the purpose of Outlot A is to protect the ravine. The southeasterly boundary of Outlot A does not include the southerly end of the ravine. The southeasterly boundary of Outlot A should be moved southerly to tie into the 1020 contour along the west lot line of Lot 5 so that all of the ravine is included within Outlot A. 5. Financial Guarantee; When the plans have been completed we will prepare an estimate of the total cost for the site improvements to determine the amount of the financial guarantee required. Please contact me at (651) 604-4863 if you have any questions regarding this matter. Yours very truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Tom Kellogg Cc: Greg Gappa, City of Orono •i-1 feEP 07 2000 09:24 FR BflRR ENGINEERING 952 832 2601 TO 92494616 Barr Engineering Company 4700 West 77th Street • Minneapolis. MN 55435-4803 Phone: 952-832-2600 • Fax: 952-832-2601 P.02/03 BARR Minneapolis. MN • Hlbblng, MN • Duluth. MN • Ann Arbor. Ml • Jefferson City. MO September 7,2000 Mr. Mike Oaflron City of Oiono 2730 Kelley Parkway PO Box 66 Crystal Hay, MN 55323 Re: Brtnahall Homaa Davalopment Proposal Dear Mr. Ga^n: At the request of Mr. Gary Welsh and other concerned citizens of Orono, Barr Engineeiing Company is providing information for your consideration in evaluating the proposed Brenshell Homes proposed subdivision. On September 6,2000, we inspected the proposed development site to further evaluate the potential for erosion and drainage problems as a result of the development. We observed numerous, large, healthy maple trees within and surrounding the entire ravine in the southeast comer of the development parcel. It appears that some of these trees would be removed in order to construct the southernmost pond. Currently, these trees provide a number of benefits in protecting the ravine including: 1. The complete canopy over the area reduces the erosive potential of raindrops by interception, 2. The trees he^ promote infiltration and reduce surface runoff by keeping the soil porous (with macropores created by roots and soil organisms), 3. Trees have high evapotranspiration rates which reduces soil water content between rainfall events and provides more storage for rainfall and lessens runoff, and 4^ TTie expansive root systems provide stability to the soils and slopes to prevent slope failure. Once these large trees are removed and their root systems begm to decay, the stability of the slopes will dgcTfi«se and the lack of protective cover may increase the raindrop erosion potential and surface runoff resulting in increased erosion, formation of gullies, and sediment transport to Forest Lake. As we discussed yesterday, the horn', locations on Lots 2 and 3 are shown within or immediately adjacent to 18% slopes wiA no useable, flat back yard areas. The proximity of these house path on the steep slopes raises serious erosion concerns due to roof runoff; the additional grading that is expected to create small, useable back yards; and establishment of turf which generally results in increased runoff over native vegetation. It would be helpful to stake the limits of the proposed pond on Lot 1 and the bouse pad areas on Lots 2 and 3 in order to properly evaluate the potmtial for natural resource damages. We encourage that you walk the site to more closely evaluate the issues discussed at our meeting yesterday. SEP 07 2000 09:25 FR BflRR ENGINEERING 952 032 2601 TO 92494616 P.03/03 • Mr.MitoOaffiron September 7.2000 Pm»2 If you have toy questions, please call me at (9S2) 832*2764, Sincerely. Maik Jacobson Environmental Scientist c:RonMoofse Paul Weinberger OregGappa Gary Welsh ' in, ''1! * . J* SEP 11 2000 16:33 FR BflRR ENGINEERING BARR 952 832 2601 TO 92494616 Barr Engineering Company 4700 West 77th Street • Minneapolis. MN 55435-4803 Phone: 952-832-2600 • Fax: 952-832-2601 P.02/03 Minneapolis, MN • HIbbing. MN • Duluth. MN • Ann Arbor. Ml • Jefferson City. MO September 11,2< Mr. Paul Weinberger City of Ofono 2750 Kelley Parkway PO Box 66 Crystal Bay, MN 55323 Ro: Brenahell Homes Development Proposal Dear Mr. Weinberger. At the rcguest of Mr. Gary Welsh and other concerned citizens of Orono, Barr Engin^g Co^any meeting- Based on our latest review, we continue to have concerns regarding the steep slopes and wetland losses. Stetp SlopRS and Erosion Concerns approximately one-sixth of the house pad on Lot 3 Ue within areas defined as steep slo^ stMper than 12%). The current plans have not altered the drainage to ensure does not cause erosion in the south ravine and on the steep slopes leading to Wildhurst Trail. removal of numerous large maple trees which are currently providing stability m the ravme. The steep slopes on LoU 2 and 3 are currently protected from erosion by: 1 The full tree and shrub canopy which intercepts rainfall, maintains a more permeable soil structure and wicks away moisture from within the soUs by evapotransptration. and 2. The natural surface roughness and small depressional areas in the upstreaoi dri^age area slows any runoff that does occur so runoff within the ravine is spread out and maintained at lower rates. As the city staff recommended at our meeting on September 6,2000, a conservation easeroent^ould Sian 20 percent. Constructing the pond within a flatter area would eliminate smaller trees and create less of an erosion concern. r SEP 11 2000 16:33 FR BARR ENGINEERING 952 832 2601 TO 92494616 P.03>^3 Mr. Mite Otfffon September 11|200 2 A final issue that should be considered is the elimination of wetlands on the prop^were fflUnroc draining of wetlands is regulated by the Wetland Conservation Act as a^sicreo oy ti Minn^aha Creek Watershed Disoict and the discharge of dredge or fill matmal into wetlan^ is Aimy C<«p. of Enji^; At thb time, tt U not cleat d»t the •ppi.em.t wiU be able to meet the wetland pemutting and mitigation requirements. If you have any questions, please call me at (932) 832*2764. Sincerely, Mark Jacobson Environmental Scientist c:RonMoone MikeOaffxon Oreg Gappa Gary Welsh i is 1^ ■3t ^■1 V Table 1 Chapter 10 Orono Municipal Code Brenshell Homes Development, City Zoning LR*1B Peg#Issue Conforms Does Not Conform 259-1, C-3 Driveways shall be at least 10 feet Lots 1-4 probably Lot 5 shows a proposed driveway from side or rear lot lines of adjacent lot will closer than 10 feet to Lot 1 and lot to east 255-3-256. Subd. 14 Yards and open space: Each lot needs to be able to have at least 1,500 sq. ft of lot coverage by principal residence and garage structures Total footprint cannot exceed 15% of lot area Yes Yes 265 Lot Area (1 ac w/o ROW)Yes 285 Lot Width (14(7)Possiblv Lots 2 and 3 are very near minimum 285 Front Yard (35')Yes 285 Side Yard Adjacent to Another Lot (lO-) Yes 285 Rear Yard (301 Yes 285 Side Yard Adjacent to Street (35*)Yes 365, Subd. 8 No grading within WCA area No According to preliminary plat of 8/97, there is a wetland in the current Lot 1. The current grading plan would elimlnata/regrade the area to be about 2 feet lower. 374. Subd. 25.6 No variance will be granted for not oreservina wetlands No See above. 376, #24 Shoreland - This site is within 1000' of the OHW of Forest Lake —•• 376-9, Subd. 14 DNR Nottfication - must notify the ONR10 days prior to all public heailnas Not sure Not sura 376-11. C2 Bluff Setbacks Probably for Lots 1 and4 Lots 2,3, and 5 (if interpreting code correctiv) 376-13. Q Steep Slopes Not sure Not sure 376-2.3 Bluff Impact Zone - if kiterpreting code correctly, this site has three, in Lots 2.3. and 5 • 376-12,3 Bluff Impact Zone -no structure can be plac^ within zone Lots 2 and 5 (if interpreting code correctly) 376-14,1 Vegetation Alterations within Bluff Impact Zone - rto live tree 6* in dUvneler or rrxxe at 3' above ground may be removed without a pemtit from Oty Not sure Not sura. Must replace with same number suitable to staff at same setback from shoreline. 375-16, g Steep slopes - must be reviewed by Citv engineer Not sure Not sure 376-16, h No fill or excavation in Bluff Impact Zone Stormwater pond and house pad gracflng of Lots 1,2 and 5 within zorte 376-17. K5 New stormwater outfalls No Skknmina devices should be shown 376-17, K2 Minimize runoff potential and erosion potential Steep pipe outlet will create high velocities. No protected pond overflow on Lots 2 & 5 with small orifice prone to plug^ng provides potential fOr erosion and failure of berms. 376-13Q If areas Indicated are not bluffs then they and more areas are steep slopes. No soils information has been provided. L -n-iiil 11- n i: Table 2 Minnehaha Creek Watershed District Brenshell Homes Development Rule N (subdivision with density less than 2 units/acre - needs to conform to BMPs) Minimum proposed opening 2 feet or more above 100-year flood level Structural BMPs Non-structural BMPs Temporary Project Conforms Yes Silt fence is shown. Project Does Not Conform The east pond should probably be moved to the west to avoid negative characteristic impacts to the ravine. Skimmers should be installed at pond outlets. Riprap at pond outlets should be sized appropriately. The 4” orifice is likely to plug. An emergency overflow should be provided so that the dike does not collapse. A revised structure is suggested for the 7.5% slope of the outlet for the east pond to reduce flow velocities. The design does not incorporate other BMPs. Eliminates wetland in Lot 1. No infonnation provided on other BMPs. A rock filter dike is probably more appropriate in the channel of Lot 2. No rock entrance/exit is shown. kd 'T'ifr ■ \ ' . • Table 2 (continued) Minnehaha Creek Watershed District Wood fiber blanket should be used on slopes 3H:1Vor steeper. D (wetland protection) According to 8/97 information there is a 1,043 square foot wetland on Lot 1. Another wetland was located west of the current site. A third wetland was located in Outlet A. No Impact Elimination of wetland in Lot 1 does not conform to MCWD policies. It requires avoidance and/or replacement. No replacement plan is. shown. Buffers For Outlet A, probably yes. See above. cm Itaiiti • . » MINUTES OF THE ORONO PLANNING COMMISSION MEETING AUGUST 21,2000 timb^eeting the IS percent limit and having the porch be practical. Kluth cohuncnted he is particularly sensitive as it relates to structural coverage on lake lots due to The impact thhi hardcover and structural coverages have on the area lakes. Doleman inquiredwhether a reduction in hardcover would help the lake. Hawn stated a reductiotrin hardcover does lessen the impact to the lake, but that the Planning Commission docs not generallV^de hardcover for structural coverage. Hawn indicated the Plarming Commission encourages the reduction in hardcover whenever possible. Lindquist stated he concurs with Hawn. Stoddard stated this is a difficult application tb^prove since the Planning Commission normally does not grant structural coverage variances unlcssi^ardship is demonstrated. Stoddard indicated the Planning Commission is a recommending body to th^ity Council and that the City Council may or may not approve this application. Lindquist stated the Plarming Commission can either table it to alloV^e Applicant time to revise the plans or vote on the application tonight. Doleman requested the Plarming Commission vote on his application tonight. Lindquist moved, Kluth seconded, to recommend denial of Application #2605i9Phii Doleman, 1680 Shadywood Road, based on the proposed structural coverage exceealng the 15 percent limit and no hardship being demonstrated. VOTE: Ayes 6, Nays 0. SCHEDULED PUBLIC HEARINGS (/M) #2596 BRENSHELL HOMES, 1181WILDHURST TRAIL, PROPOSED FIVE LOT SUBDIVISION WITH DEVELOPMENT OF GARDEN LANE AS A PUBLIC ROAD, 8:00 p.m. - 9:37 p.m. Steve Behnke, Brenshell Homes, was present. PAGE 17 •i 9 1 • • \ MINUTES OF THE ORONO PLANNING COMMISSION MEETING AUGUST 21,2000 The Certificate of Mailing and Affidavit of Publication were noted. Weinberger stated the Planning Commission had reviewed this application at their June meeting, which consists of developing a seven acre site located on Wildhurst Trail. The Applicant has revised his plans and is now proposing access via Garden Lane. The previous proposal had shown six lots, with some issues relating to driveway access to the property and drainage concerns. The Applicant has reduced the number of lots to five in response to the concerns of the Planning Commission as well as addressed the issues relating to grading and drainage. Weinberger stated in response to the concern about protection of the ravines and controlled water ninoff to properties east of Wildhurst Trail, the Applicants have revised the grading plan and addressed the issues by directing draiitage to two storm^vatcr management ponds. ITie City Engineer reviewed the grading and drainage plan and has determined the drainage has been preliminarily approved. Both of the proposed ponds \vill reduce the amount of water runoff to what actually exists today as well as providing skimming to allow the water to be treated prior to leaving the site. Weinberger noted this plan would also be subject to review and approval by the DNR and the Minnehaha Watershed District. Secondly, the issue relating to street access has been addressed by revising the plan to make a 90 degree controlled intersection %vith Garden Lane. The northerly ravine in this development would be protected by a conservation easement and a lot has been removed that would have required access around the ravine. Weinberger stated the number of proposed lots has been reduced from six to five based on the recommendation of the Planning Commission, which has resulted in each lot meeting or exceeding the one acre minimum lot size. Weinberger stated City Staff is strongly recommending the developer not disturb the trees and grades east of the cul-de-sac along Wildhurst Trail. The portion of the sewer that \\ould be PAGE 18 .1 J . » MINUTES OF THE ORONO PLANNING COMMISSION MEETING AUGUST 21,2000 installed would be installed between Lots 2 and 3 and along Wildhurst shall be directionally bored to prevent any disturbance to the steep slopes, which would eliminate the need to close access to properties north of the prq}Osed improvements. Lot width variances are required for Lots 2 and 3. The LR-IB zoning district requires a minimum lot width of 140 ’. Both lots have approximately 120’ of width at the required structu-e se'l/ack. Weinberger indicated the City of Orono has approved lot width variances for lots which front on a cul-de-sac that demonstrate suitable building sites and meet the minimum lot size requirement. Weinberger stated the City’s Comprehensive Plan suggests properties within urban density and urban services be served by a public road. Staff recommends the new roads to this development be public, with the cul-de-sac providing an emergency tum-around. City Staff recommends approval of the proposed preliminary plat subject to the following conditions: 1. Lot width variances be approved for Lots 2 and 3. 2. Drainage and utility easements be dedicated on the final plat 10 feet along e.xterior property lines and five feet along interior property lines, stormwater detention ponds located on Lots 1 and 5. 3. Drainage easements shall be dedicated for the lower ravine located on Lot 2. 4. A conservation easement be placed over Outlot A to protect the ravine from any land alteration and vegetation removal. 5. Utility installation shall require directional bored lines under Wildhurst Trail and between Lots 2 and 3. 6. The subdivider shall satisfy all concerns and requirements noted in the letter dated August IS, 2000, by Tom Kellogg, City Engineer. Behnke stated following the last meeting after a request was made to table the application, a PAGE 19 i J r'. MINUTES OF THE ORONO PLANNING COMMISSION MEETING AUGUST 21,2000 discussion was held with a number of the residents in the lobby of City Hall. The residents expressed three major issues; one, a desire for no development; two, improve the runoff; and three, less density. Behnke stated given those concerns expressed by the residents and the concerns of the City Staff and Planning Commission, they have revised their plans to meet as many of those concerns as possible. Behnke stated in discussions with the City Engineer, reconunendations were made to redirect the water runoff from this site, which has been resulted in a reduction of the water flow leaving the site near the south ravine of 91.5 percent. Behnke stated in a 100 year flood, the normal flow would be seven cubic feet per minute to .6 cubic feet per minute, or a reduction of 91.5 percent. Behnke stated the ponding near the nordt ravine has resulted in the water runoff remaining the same as what currently exists now. Behnke stated he is in agreement that the roads should be public to this development. Behnke stated he does not have a problem with the conservation easement for Outlot A. Behnke noted they have just received Staff s report today, and in discussing tlie sewer with the directional boring contractor, Behnke noted they are in agreement with Staff s recommendation, which will result in a much lesser impact on Wildhurst. Behnke indicated the residents along Wildhurst will still experience some road construction for a one or day in this area even with the directional borings. Behnke noted all proposed lots for this development do now meet the one acre dr^’ buildable minimum, with the reduction in the number of lots resulting in a much better development overall. Kathleen O’Kasper, 1067 Linden Avenue, stated over the years she has followed Stokes’ developments, noting the building permits on some of hts developments have been issued to a PAGE 20 Iff MINUTES OF THE ORONO PLANNING COMMISSION MEETING AUGUST 21,2000 company called Fine Line Design. O’Kasper stated she contacted the Commerce Department who indicated they do not have a license for Brenshell Homes on file, which means Brenshell Homes is not a licensed builder. O’Kasper stated the license for Fine Line Design has e.xpired. O’Kasper commented since she was unable to find an office for Brenshell Homes, she has concerns that the City of Orono may be getting involved with a builder who cannot perform. Behnke commented in his view the issue raised by O’Kasper does not have any bearing on the plat that is before the Plaiming Commission tonight, noting that developers do not need to be licensed. Behnke stated the land developer on this particular development is Brenshell Homes, and that he is the owner of Fine Line Design. Behnke stated he was contacted appro.ximately one week ago by the Commerce Department that there was a problem with his license. Behnke stated the license is issued in his name and not Tom Stokes’, with the office being located in the City of Burnsville. Behnke stated the issue with his license is that his check went uncashed by the Commerce Department and his license was not extended. The Commerce Department has indicated they have had a number of problems with licenses during this period of time. Behnke stated he is continuing to work wdth the Commerce Department to correct tliis problem. Sandra Hollenhorst, 1200 V,*ildhurst Trail, commented in her view no variances should be granted on this development. Hollenhorst stated since this is a very fragile area, the City should take extra steps to insure that what is being proposed will not damage the area. Hollenhorst expressed concerns that if the vegetation is damaged in this area, it will result in another ravine. Hollenhorst inquired what the environmental impacts are when directional boring is done. Weinberger stated the directional boring is being done to protect the slope, with a tunnel being bored underneath the ground in order to allow an extension of the sewer system. Weinberger stated if the sewer line were installed the standard way, the contractor would need to dig trenches in which to place the lines in, which would disturb the topsoil. PAGE 21 iMk MINUTES OF THE ORONO PLANNING COMMISSION MEETING AUGUST 21,2000 Gaiy Welsh, 1214 Wildhurst Trail, stated he did speak with the developer on this application, noting he was to be the contact person for the neighborhood. Welsh indicated he has not been contacted by the developer or any of his representatives follo\%ing the last public hearing, and in his view the developer has not made any effort to work with the neighbors as requested by the Planning Commission. Welsh stated in his view variances should not be granted on a development in order to allow higher density. Ha\vn indicated two variances are being requested by the developer on this application, which are normal when a house is located on a cul-de-sac. O’Kasper indicated she had some additional questions regarding licensing. Hawn stated that is not an issue before the Planning Commission tonight, and suggested City Staff check into the matter. Sandra Rasmussen, 1186 Wildhurst Trail, expressed concerns regarding the current sewer capacitx', and requested that the current capacity be evaluated to insure that this development will not create additional problems in this area. Rasmussen also requested the developer be required to provide sufficient security on this project to insure completion or restoration of the area. Rasmussen stated she has a concern regarding the steep grade of the road, noting she presently experiences erosion of her driveway every time it rains. Rasmussen indicated she did speak with the developer about the possibility of relocating this road. Rasmussen stated she also has a concern with the fact that variances are being requested on this development given the situation with the cul-de-sac and the steep road. Rasmussen commented the cul-de-sac should not be constructed if it is going to compound the problem. Behnke indicated the water flow w ill be altered so that all water runoff goes to the nortli, to the holding pond, and through an outlet pond. Behnke stated the City Engineer has reviewed and approved the grading and drainage plans on this development. Rasmussen stated she would like to see some t>pe of assurance in the event the drainage does PAGE 22 < t*\ \ j NnmJTES OF THE ORONO PLANNING COMMISSION MEETING AUGUST 21,2000 not work the way the developer is proposing and that the project is completed in accordance with the plans approved by the City. Weinberger indicated a letter of credit is required on this project, with the plans on this project being required to meet certain standards of the City. Weinberger indicated the project would be inspected periodically by the City Engineer to insure compliance with the final plans. Weinberger stated the developer is also required to enter into a development agreement, which nuuidates that certain conditions are met on the project. Berg commented that the City does not release any funds on the letter of credit until an inspection has been completed by die City Engineer to insure proper compliance with the approved plans. Hawn commented the Plaiming Commission needs to rely on the advice of their e.xperts in determining whether the drainage for this area is appropriate and proper in controlling the water runoff. Stoddard requested City Staff review further any possible impact to the bluff in this area. Weinberger commented City Staff has reviewed that issue, with the determination being made that the bluff should not be negatively impacted. Behnke indicated the bluff in this area does not meet the necessary criteria to be considered an actual bluff. Stoddard stated he would like City Staff to review this issue again. Hawn commented the Planning Commission and City Council are required to act in accordance with the City’s ordinances. Hawn indicated the proposed plan does meet the City's criteria, with the developer having the right to develop the land regardless of the desires of the adjoining i roperty owners. Hawn stated it is the responsibility of the City Engineer and City Staff to insure that these issues are being addressed properly. PAGE 23 L MINUTES OF THE ORONO PLANNING COMMISSION MEETING AUGUST 21,2000 Tom Stokes, Brenshell Homes, stated he is the owner of Brenshell Homes, which is a development company and not a building company. Stokes stated he has personally spoken wth the Commerce Department, who has indicated they are responsible for the license not being issued. Stokes stated the property o^vner requested them to develop this property, which is his right, and they are attempting to resolve all the issues involved with this project in accordance with the City’s ordinances. Stokes stated Charles Cudd Homes will be constructing the homes on this site, who is a very reputable builder. Stokes stated in his view this will be a veiy nice project once completed, with extra care being taken to meet all the concerns expressed by the residents and City Staff. Stokes requested they be treated as any other developer within the City, noting the State Bank of Long Lake wll be funding this project. Nygard requested Weinberger address the issue of the holding ponds and the value they play in drainage. Weinberger stated the developer xnW be NURF ponds, which are designed to be sedimentation ponds. Weinberger stated this type of pond is generally required in most developments, with the ponds actually treating the >vater prior to it leaving the pond so it is cleaner than when it entered the pond. Stoddard requested the developer to keep the neighbors informed on the progress of this development, noting the members of the Planning Commission tvpically don t receive their packets until Thursday or Friday of the week prior. Stoddard stated Bonestroo is a large reputable ilting firm and will help to insure that the final plans are being complied with. Stoddardconsul com men ted he does have a concern with the impact to the bluff, and repeated his request of City Staff to review the impact to the bluff in this area PAGE 24 $ • MINUTES OF THE ORONO PLANNING COMMISSION MEETING AUGUST 21,2000 Stoddard commented the Planning Commission is required to look at each application on their own basis, and requested City Staff look further at the impact this development will have on the surrounding area. Lindquist commented it is the responsibility of the Planning Commission to insure that tlie rights of the residents and the developers are preserved. Lindquist indicated the proposed plan does meet the City ’s Comprehensive Plan, with the property owner having the right to develop this property. Lindquist stated he would be in fifivor of this proposal since it does meet the Cit>’s standards. Hawn indicated she is in agreement with Lindquist. Nygard conunented variances are based on a hardship inherent to the land, and in his view a hardship does exist in this case. Hawn stated outside of those two variances being requested, this proposal does meet all the City ’s requirements. Hawn stated in her opinion she does not see a reason not to approve the preliminary plat. John Dunn, 1131 Wildhurst, conunented since engineering is not an e.\act science, he would like to see additional steps taken to insure proper grading and drainage for this development. Dunn requested he be provided with any new information the developer may have on this development. Stokes indicated they would be happy to cooperate with the neighbors. Lindquist moved, Kluth seconded, to recommend approval of Application #2596, Brenshell Homes, 1181 Wildhurst Trail, subject to the six conditions outlined in the August 17, 2i Planner’s Report, with the added condition that the trees be retained on all slopes on the cast portion of Lots 2 and 3. VOTE: Ayes 5, Nays 1, Stoddard Opposed. Stoddard stated he voted in opposition to the motion because he feels there should be further research done on the impact to the bluff in this area. Stoddard stated in his opinion the Public Worics Director and City Staff should review the adjoining area to determine die impacts of this PAGE 25 4 f • MINUTES OF THE ORONO PLANNING COMMISSION MEETING AUGUST 21,2000 development. (Recess taken from 9:38 p.m. - 9:45 p.m.) (#8) #2606 RICHARD BLOOMQUIST, 3333 SHORELINE DRIVE, VARIANCES AND COMMEROAL SITE PLAN APPROVAL, 9:45 p.m. -10:10 p.m. Richard Bloomquist, Applicant, v.*as present. Weinberger stated the Applicant is requesting approval of a commercial site plan and variances for building additions to the existing supermarket totaling approximately 4,740 square feet. Variances are needed for hardcover in the 500-1000’ setback, street and side lot line setbacks, and parking. The proposed additions would provide additional retail space, warehouse/cooler areas, parcel pick-up, and an employee break room. The use of the property would not change. Weinberger indicated the City Council did adopt a resolution in 1997, approving variances to permit additions to the building that increased the size of the structure. However, the additions have not been constructed and the one year time period has expired, requiring a new land use application. Weinberger stated the gross leasable area for the B-3 Zoning District shall not exceed 28 percent of the total land area of the lot. Weinberger indicated this lot consists of 2.85 acres, and with the proposed additions, the gross leasable area would cover 22.2 percent of the total land area of the Lot. Weinberger stated there are no proposed changes to the parking, with a variance being approved in 1988 for a 0’ parking setback. The side yard adjacent to street variance >vas approved in 1991 for a ten foot parking setback, no change being proposed. The Applicant has requested structural PAGE 26 1 rib /=■ ■ TO: FROM: DATE: SUBJECT: Zoning: Chair Hawn and Orono Planning Commission Members Ron Moorse, City Administrator Paul Weinberger, Zoning Administrator/Planner August 17,2000 #2596 Brenshell Homes 1181 Wildhurst Trail Class III Preliminary Subdivision - 6 lots Public Hearing LR-IB, One Family Lakeshore Residential, 1 Acre Minimum lot size Application: Five lot subdivision of a 7 acre site Construction of Garden Lane and New Road List of Exhibits: A Revised Site Plan B City Engineer Comments C June 19,2000 Planning Commission Minutes i D Staff Report (6/15/00) Application Review: Several major concerns were addressed by Staff, Planning Commission and Public at the Public Hearing on June 19,2000. The following concerns were addressed by the applicant. Drainage Street The primary concerns were about protection of the ravines and controlled water runoff to properties east of Wildhurst Trail. The applicants have revised the grading plan and addressed the issues by directing drainage to two stormwater management ponds. Tom Kellogg, City Engineer, has reviewed the grading and drainage plan and has determined the drainage has been preliminarily approved. The street alignment has been revised to make the 90 degree intersection with Garden Lane. h Conservation The northerly ravine would be protected by a conservation easement. A lot Easement has been removed that would have required access around the ravine. Lot area One lot has been removed based on the Planning Commission Variances recommendation that density variances would not be approved. The total lots proposed would be 5 lots. Each meeting or exceeding the 1 acre minimum lot size. 5. i’>-. Erosion Control The City is strongly recommending the developer not disturb the trees and grades east of the cul-de-sac along Wildhurst Trail. The portions of the sewer that would be installed between Lots 2 and 3 and along Wildhurst shall be directionally bored to prevent any disturbance to the steep slopes. Boring under Wildhurst would eliminate the need to close access to properties north of the proposed improvements. Wildhurst is the only access to the northerly lots. 6.Lot Width Variances Proposed Lots 2 and 3 would require lot width variances. The LR-IB zoning district requires a minimum lot width of 140'. Both lots have approximately 120' of width at the required structure setback. The City of Orono has approved lot width variances for lots which front on a cul-de-sac that demonstrate suitable building sites and meet the minimum lot size requirement. Public vs. Private Road The Comprehensive Plan suggests properties within urban density and urban services to be served by a public road. Staff recommends the new roads should be public. The cul-de-sac would provide an emergency turn around. Also snow plows could use the turn around after plowing Garden Lane. Staff Recommendation The proposed plat meets the requirements as set by the Subdivision Ordinance. Staff is recommending approval of the proposed preliminary plat conditioned upon: 1. 2. 3. 4. 5. 6. Lot Width variances be approved for Lots 2 and 3. • Drainage and utility easements be dedicated on the final plat 1 O' along exterior property lines and 5* along interior property lines, stormwater detention ponds located on lots 1 and 5. Drainage easements shall be dedicated for the lower ravine located on Lot 2. A conservation easement be placed over Outlot A to protect the ravine from any land alteration and vegetation removal. Utility installation shall require directional bored lines under Wildhurst Trail and between Lots 2 and 3. Subdivider shall satisfy all concerns and requirements noted in the letter dated August 15, 2000 by Tom Kellogg, City Engineer. Options for Action ; 1. Recommend approval. 3. Recommend denial, stating reasons. 4. Table for additional information. 5. Other action. i i.••irSsA ? I f K .' .N >jpfj . |£|^I\ _ ' ---- •___- " ^ — -- »• \ ^ '' i-* ^})/"'■ \ ''^■\ ^ >• .oV*' N ^ V»|l Si'. / ^ Or N il^ \ \ / .1 '•./ $ / 3- \ / \.8 ;/ \ ;/■ f V .A V^ >/3 ».1.r Stm” s.« • b o®'21 >e itZr.;,ir»'‘^-rnm % ■ \ \ •' • • U '®\»' Iv.-.V ' . v Y ..... \*\\ ..« C, 1 \ '\ ■ '.. -V _ .----A« •V'* —-.....- \ i\ \\ • .. \j\ •*» * ft ft m \ « - \'\ •«» ' t\ ; t* ■ |\ • ... 1 j., • *^ ». I :./• \ ■ -* ^------'«-’,--------------------JIZ' ----*'■0 >, . ''---------• ■ \\U..=---------- ----'-x __ .. ....Jb- • ■ ^«.*'pv ’ -------------------'"’ " ? ,A - ^ J Bonestroo Rosene ■ Anderlik & \ Associates Engineers & Architects Bonestroo. Rosene. Anderlllc and Associates. Inc. Is an Affirmative Action/Equal Opportunity Employer and Employee Owned Principals; Otto G Bonestroo. PE • Warvm L. Sorvaia. PE • Glenn R. Cook. PE • Robert G. Schunicht. PE • Jerry A Bourdon. PE Senior Consultants: Robert W Rosene. PE • Joseph C. Anderlik. PE. • Richard E Turner. PE • Susan M. Eberlin. C PA. August IS, 2000 Associate Principals: Howard A. Sanford. PE. • Keith A Gordon. PE. • Robert R. Pfefferle. PE. • Richard NV. Foster. PE • David O Loskota. PE. • Robert C Russek. A I.A. • Mark A. Hanson. RE. • Michael T. Rautm^n. PE. • Ted K Field. PE • Kenneth P Anderson. PE. • Mark R. Rolfs. PE. • David A Bonestroo. M B A. • Sidney P Williamson. PE. L S • Agnes M Ring. MBA.* Allan Rick Schm c:. PE Offices: St. Paul. St Cloud. Rochester and Willmar. MN • Milwaukee, Wl MAebsIte: www.bonestroo com Mr. Paul Weinberger Zoning Administrator/Planner City of Orono Post Office Box 66 Crystal Bay, MN 55323-0066 Re: Brenshell Homes 6-Lot Subdivision ® Garden Lane BRA File No. 139-2596 Dear Paul: We have reviewed the preliminary plat for the proposed six-lot subdivision for Brenshell Homes. The site is located east of Garden Lane and west of Wildhurst Trail in the west half of Section 7. We have the following comments in regards to engineering matters. 1. Utilities: The proposed sanitary sewer installation raises some concerns. Sewer is proposed to be installed in an existing steep slope between Lots 2 and 3 and also down the center of Wildhurst Trail. Disturbance of the steep slope is a serious erosion concern. Installation of the sewer in Wildhurst Trail will require the removal of the entire driving surface making through traffic difficult if not impossible. We strongly recommend that the portions of the sewer between Lots 2 and 3 and the segment along Wildhurst Trail be directionally bored to prevent disturbance to the steep slopes and allow for through traffic during construction. Final plans should include plan and profile views of the sanitary sewer. Record plans should be provided to the City upon project completion. City standard details should be included in the plan set. 2. Streets: Plans should include a typical street section. A geotechnical analysis, R-value recommendation and pavement design calculations should be submitted for review. It appears that the street will be an urban section with curb and gutter. All curb and gutter shall be concrete, no bituminous curb is allowed. The fire chief should review and comment on the proposed hammer handle tum-around on Garden Lane. The chief should also look at the proposed driveway alignment to serve Lot 5. Recent discussions with local firefighters indicate that long curving driveways can be an obstacle for fire trucks. The City should review and determine whether Garden Lane should be constructed further to the north to provide access the Saga Hill Park. 3. Grading and Drainage: The proposed grading plan reduces the existing contributing drainage area to the southerly ravine by about 2.5 acres. Storm sewer will redirect this drainage area to the northerly ravine where the gradient is half as steep as the south ravine. This is consistent with our previous comments. The developer’s drainage calculations appear acceptable. Both ponds reduce the off-site flows compared to predevelopment conditions. Both ponds should have outlet structures constructed to City standards that provide skinuning to the 100-ycar storm event. Storm sewer design and calculations should be provided for review. Final plans should be submitted to the Minnesota DNR and the Minnehaha Creek Watershed District for their review and approval. 4. Easements: Drainage and utility easements should be provided 5-feet wide along all interior lot lines and 10-feet wide along roadway right-of-ways. Drainage easements should be provided 2335 West Highway 36 • St. Paul, MN 55113 ■ 651-636-4600 • Fax: 651-636-1311 J across all drainage ways and ponding areas. It appears that the purpose of Outlot A is to protect the ravine. The southeasterly boundary of Outlot A does not include the southerly end of the ravine. The southeasterly boundary of Outlot A should be moved southerly to tie into the 1020 contour along the west lot line of Lot 5 so that all of the ravine is included within Outlot A. 5, Financial Guarantee: When the plans have been completed we will prepare an estimate of the total cost for the site improvements to determine the amount of the Hnancial guarantee required. Please contact me at (651) 604-4863 if you have any questions regarding this matter. Yours very truly, BONESTROO. ROSENE, ANDERLIK & ASSOCIATES, INC. / Tom Kellogg ^ Cc: Greg Gappa, City of Orono 'tv. MINUTES OF THE ORONO PLANNING COMMISSION JUNE 19,2000 (W5WJAMES JOHNSON, CONTINUED) an easetnenh^er the wetlands, which was thought to be the shortest, most logical way to acc^s the parcel. Gatfiron commented the rules and regulations concerning wetlands at the present time are much stricterSsith Applicants needing to get their approval prior to final plat approval. Gaffron stated the City^uld perhaps have held off granting the driveway permit until the other approvals were obtained. Bottenberg noted for the record thal a letter has been received from the Swiontkowskis indicating they own the property to the north aJh^ey would like to see as many trees saved as possible with this development. Johnson commented he has a problem with cStdition number four contained in the Planner s Report, noting the agencies are unidentified and^iut the time period of open-ended. Lindquist stated if the Planning Commission approves^i^s application, it will be subject to the conditions contained in the Planner’s Report. Lindquist sUK^ City Staff will be able to provide the Applicant with a list of the appropriate agencies to contact. Dq^quist not^Che Applicant will need to obtain those approvals prior to this application being approvelk^ the Citj’ Council. Johnson indicated the rest of the conditions are acceptable. Lindquist moved, Smith seconded, to recommend approval of Applicatibo(#2594, James R. Johnson, 2240 Fox Street, Class II Subdivision, subject to CondiuOM 1-7 contained in the Planner’s Report dated June 19,2000, with the approvals relMjng to the wetlands being obtained prior to City Council approval of this applica'Jon. VOTE; Ayes 4, Nays 0. ------- • ^Recess taken from y;05 p.m. — 9110 p.m. {H6) H2S96 BRENSHELL HOMES, 1181WILDHURST TRAIL - PROPOSED SIX LOT SUBDIVISION WITH DEVELOPMENT OF CARDEN LANE AS A PUBLIC ROAD, 9:10 p.m.- 10;02 p.r Steve Behnke, Brenshell Homes, was present. The Certificate of Mailing and Affidavit of Publication were noted. Weinberger stated the Applicant has submitted a preliminary plat application for a six lot subdivision of approximately seven acres of land located at 1181 Wrldhurst Trail. The lots would have access from Garden Lane, which is a platted but undeveloped street. Garden Lane would connect Tonkaview Lane to Outlet A. The road is proposed as a public road to the cul-de-sac. The proposed access from Tonkaview eliminates a number of problems with the proposal with the sketch plan review. The Garden Lane access will eliminate driveways to Wildhurst, thus protecting the trees along Wildhurst Trail and controlling stormwater runoff on site. PACE 19 Q MINUTES OF THE ORONO PLANNING COMMISSION JUNE 19,2000 (#2596 BRENSHELL HOMES, CONTINUED) Weinberger stated the six proposed lots would average approximately one acre in site, with all lots being connected to sewer and served with private wells. Sewer is currently available in Wildhurst Trail and would need to be extended between Lots 2 and 3 to the new road. Weinberger indicated Lots 2 and 3, located at tlte end of the cul*de-« *c, do not have the required lot width for new lots in this zoning district and would require variances for lot width. Lot 5 does not have the required frontage along the proposed road and would require a variance as the width of the lot is narrower adjacent to Outlot A than Garden Lane. Garden Lane would only be developed to the intersection with Outlot A and would become a public road. Weinberger stated Lot 1 is proposed at 1.03 acres, but does not account for land area dedicated for the NURP pond, with the City not crediting buildable area for land that will be used as a drainageway or for storage of stormwater. Weinberger noted a variance would be required for lot area. Weinberger stated Lots 2 and 3 would require lot width variances since they are less than the 140 feet required w idth at the rear of the front yard setback. Both lots are considered to be through lots since they would have access to the new road and are adjacent to Wildhurt Trail. Weinberger stated Lot 4 would be a conforming lot and does have a buildable area that would be suitable for residential construction. Lot 5 would have approximately 90 feet of frontage along the front property line, with no direct access being available from Garden Lane. Weinberger stated Lot 6 contains a major ravine, which is shown on the preliminary drawings as a drainage easement. City Code requires properties served by municipal sanitary sewer, the minimum lot area may be divided by Flood Fringe lands provided at leas^ one half acre of land not w ithin the protected area is included in one contiguous parcel and both n micipal sewer and legal access is available to that building site without encroachment on the protected area.. According to the proposed plan, the driveway access would impact the southern edge of the ravine. Weinberger noted the City Engineer is reviewing this driveway location for Lot 6, with on>site grading and drainage plans needing to be submitted to the MCWD for review. Weinberger stated access to Lot 6 is not possible without impacting the ravine. Weinberger stated athe road and most of i^'e lots will drain towards the NURP pond depicted on Lot 1, with the pond draining to the ravine along the south lot line of Lot 2. Staff has a concern about the drainage being diverted into one location before it drains to the east side of Wildhurst Trail, with the City Engineer recommending that all drainage be diverted to the north from the pond and into the ravine located in Lot 6, w ith some form of water retention downstream before it enters Lake Minnetonka. Weinberger stated additional information regarding the drainage will need to be submitted to the City Engineer for his review and approval. Weinberger stated the Park Commission will need to review this application as it relates to the issue of park dedication. This property is lcK.atcd across an undeveloped road from the Saga Hill Park and provides the City of Orono with an opportunity to determine if a land dedication would be appropriate to protect the ravine. PAGE 20 MINUTES OF THE ORONO PLANNING COMMISSION JUNE 19,2000 mS96 BRENSHELL HOMES. CONTINUED) City Staff is recommending this application be tabled until the next Planning Commission meeting in order to give the Applicant time to resolve some of these issues. Steve Behnke stated he has a number of questions relating to the issues raised in the Planner s report. Behnke stated currently in his view Garden Lane as being required because of Lot 64, which is the lot to the north being a potential public access to a private lot. Behnke stated in his opinion Lot 1 docs show over one-half acre dry buildable outside of the NURP pond, with the engineer for this development calculating two-thirds dry buildable on this lot. Lots 2 and 3, ^ lot width variances would not be necessary' since at Wildhurst Trail the lots are 224 ’ and 153’, and if measured along the setback, there is the potential that they are less than 140’, but arc obviously greater in width across the northern section. Behnke pointed out both lots will be located on a cul-de-sac. Behnke stated it was on the recommendation of City Staff that this plan took the approach from Garden Lane. Lot 4 also contains enough frontage along Garden Lane and would not need a variance. Behnke acknowledged that there are issues relating to grading and drainage concerning this property, which will need to be addressed further. Behnke stated it is his opinion that Lot 6 and the ravine have been addressed. Behnke noted they have adopted the DNR’s definition of a blufif as the method of determining the top of the ravine. The top of the ravine d<»s not extend to Garden Lane and ends prior to it, and because of that, the acreage on both sides is being incorporated into the dry buildable acres. Behnke stated the driveway docs not impact the ravine proper as defined by the bluff definition. Behnke stated Lot 6 consists of appro.ximatcly 1.25 acres in size, and they would be able to manipulate the lot line if necessary. Behnke commented the current division of water between the north and south is essentially equivalent to what it was prior to this plan being created, with this development not increasing the water runoff. Behnke stated the intention of the NURP pond is to hold the water to allow it to drain to the ravine at the same rate that it is currently. Behnke stated the water that drains to this property offsite is also included in the NURP pond proposed for Lot 1. Behnke stated the comment by the City Engineer that all drainage be directed to the north is opposite the natural direction of the water. Behnke stated in his view there are some inaccuracies in the statements by the City Engineer. Behnke stated in his opinion he should not be responsible to extend Garden Lane to the north as part of this project since they arc offsite. Behnke indicated they arc in agreement with the standard easements and that Outlet A should be a public right-of-way, with the road being a public road due to the number of houses that will be serviced by it. Behnke stated they will continue to work with City Staff on these issues. Behnke noted the proposed drainage for this development is designed to keep the water runoff at the same rate as what currently exists in the ravine. Weinberger stated regardless of the one-half acre dry contiguous, these lots arc located within the one acre zoning district and still require the one acre dry buildable regardless of being separated by a drainage area Weinberger stated Lot 6 docs meet this requirement, with Lot 1 being less than one PAGE 21 L MINUTES OF THE ORONO PLANNING COMMISSION JUNE 19,2000 (#2596 BRENSHELL HOMES, CONTINUED) acre in size due to the location of a NURP pond on that lot. Weinberger stated Lots 2 and 3 do front on a cul-de-sac, wth Staff measuring the lot w.idth from the setback from the cul-de-sac. The frontage along Wildhurst would technically require a variance. Weinberger stated as it relates to the drainage, the comment from the City Engineer were based on the information provided by the Applicant. The City Engineer has not commented on the new information submitted. Weinberger stated the concern initially was that all of this drainage was going to one location. Gary Welsh, 1214 Wildhurst Trail, stated he lives east of the proposed development. Welsh stated the ravine that runs on the south side is actually the ravine that runs through their property, noting he is well aware of the drainage that runs through the ravine. Welsh inquired whether this was a situation where the rules will be bent by granting the variances to allow the extra density and have an adverse impact on the area due to the added hardcover and increased runoff. Welsh commented that perhaps more water needs to be held on the property in order to address the drainage issues. Mike Hollenhorst, 1200 Wildhurst, stated in his opinion due to the number of variances required on this development, the application should be denied. Hollenhorst indicated they live downhill from Lots 2 and 3, with the construction as a result of this development causing the entire roadway and driveway to be blocked while the sewer line is being extended. Holle; Vi; ‘i r;?q‘Mf>red that the Planning Commission require a substantial bond on this project to enabl. i rty ic restore the land back to its original state should the developer go bankrupt on this project. Sandy Robinson, Wildhurst Trail, expressed concerns relating to the proposed density and drainage. Robinson stated in her view the City should not permit a developer to push the amount of lots that can be developed in this area. Robinson stated in her opinion three lots would be acceptable in this area. Robinson commented the depth of the ravine in the area should give a clear indication to the Planning Commission of the power of the runoff in that area, and that ample steps need to be taken in order to guarantee proper drainage from this development. Michael Wear, 1184 Wildhurst, commented in his view the developer has a right to develop this property if he so chooses, w ith the City having the right and the obligation to place sufficient conditions upon the developer to insure proper compliance with City Codes and adequate drainage. Wear stated in his view this area needs to be developed with the issues in mind, especially in light of the drainage that flows through this area. Wear stated the current condition of the ravine is not very attractive due to the number of downed trees and debris within the ravine. Wear suggested the developer revise his plans to work with the runoff and the other issues and reappear before the Planning Commission. Robert Birkeland, 1298 Wildhurst Trail, stated when this area experienced a 12 inch rain, the ravine looked like the Missippissi River under the existing conditions. Birkeland stated in his opinion the City needs to get some kind of balance between w hat currently exists and what the develc^er is attempting to do. The President of Brenshell Homes stated they would be willing to table this application in PAGE 22 •' I i « 4 MINUTES OF THE ORONO PLANNING COMMISSION JUNE 19,2000 (#2596 BRENSHELL HOMES, CONTINUED) order to address these concerns and arrive at a better medium ground. Hawn stated she appreciates the offer to table this application, noting that this is a difficult piece of property to develop with a number of complicated issues, which is not the fault of the developer. Hawn noted the developer has indicated he is willing to work with City Staff and the neighbors on these issues. Hawn encouraged the neighbors to work together with the developer on this proposal. Hawn indicated in her opinion she feels the number of lots being proposed for this area is ambitious and should be reduced by one or t\vo lots, with particular attention being given to the drainage issues in this area. Smith commented the number of variances being requested generally serves as a flag to the Planning Commission that perhaps what is being proposed for the area is a little too intense or not appropriate for the area. Smith commended the developer for suggesting that this item be tabled in order to allow these issues to be addressed. Lindquist stated he concurs with tabling this application, noting he would like to see the developer and the neighbors get together to discuss these issues. Nygard indicated he was in agreement. Hawn moved, Lindquist seconded, to table Application #2596, Brenshell Homes, 1181 Wildhurst Trail, to give the Applicant time to submit revised plans at their request. VOTE: Ayes 4, Nays 0. #2584 ANDREW AND TRACY RASCHER, 4705 NORTH SHORE DRIVE- CONDITIONAL USE PERMIT, 10:03 p.m. - 10:18 p.m. Tracy' Raschch>Applicant, along with Jeremy Bakken, Builder, was present. The Certificate of MaiKqg and Affidavit of Publication were noted. Bottenberg stated this applicatibivwas tabled at the May 15,2000 Pluttning Commission meting to allow the Applicant time to rev'isb'tjicir proposed plan regarding the construction of l^nide retaining walls. The Applicants are scckiqK a Conditional Use Permit to replace two existing retaining walls and construct two additionarbs^ining walls within the 0-75’ setback. A variance is needed in the 0-75’ setback since retaining wattssare considered as hardcover. Bottenberg stated the Applicants, the contractor. City En^m^r, and City Staff met on May 19,2000, at the site to discuss how to stabilize the existing walls and swlH^ith minimal inripact to the property'. The City Engineer at that time reiterated his initial obsetvqtions regarding the proposed new retaining walls as requiring substantial grading, w ith the recommendall'aqjhat no new retaining walls be constructed. Bottenberg stated another solution discussed was to replace the existing walls in tWh^urrent location and to their current dimensions. What is being proposed by the Applicants is tbsxolace the PAGE 23 } r TO:Chair Hawn and Orono Planning Commission Ron Moorsc, City Administrator FROM: DATE: RE: Paul Weinberger, Zoning Administrator/Planner June 15,2000 #2596 Brenshell Homes 1181 Wildhurst Trail Class III Preliminary Subdivision - 6 lots Public Hearing Zoning: LR-IB, One Family Lakeshore Residential, 1 Acre Min imum lot size Application: Proposed subdivision of one acre parcel of land into 6 one acre lots, List of Exhibits A B C D E F G H I Application Plat Map Preliminary Plat Layout Preliminary Grading, Drainage and Utility Plan Parkland and City Owned Property around Saga Hill Park Area Se wer Map Sewer Extension Map Property Owners Notification List Sketch Plan Staff Report (April 13,2000) Pertinent Ordinances Section 10.24, Subdivision 5(B) - Lot Standards for LR-IB zoning district Section 11.03, Subdivision 24. "Lot Area, Minimum" - Each lot shall contain the minimum area required for each proposed lot as prescribed in the Zoning Chanter of the City Code. In urbw areas served by sanitary sewer, each lot must contain contiguous dry buildable land equal to the minimum areas as prescribed in the Zoning Chapter of the City Code or half-acre, whichever is less, (exclusive of public and private rights-of-way, vehicular or pedestrian easements, surface areas below &e ordinary high water mark of any surface water wetlands or areas at or below the flood plain elevation for a specific property) and have legal access to the building site without encroachment of a wetland or flood plain area. «2596 Brenshell Homes III! WUdhurstTrail Qass III Preliminary SuMiv'ision JtiM 19. 2000 D •i a Application Review Brenshell Homes has submitted a preliminary plat application for a 6 lot subdivision of approximately 7 acres of land located at 1181 Wildhurst Trail. The lots would have access from Garden Lane, which is a platted but undeveloped street. Garden Lane would connect Tonkaview Lane to Outlot A. The road is proposed as a public road to the cul-de-sac. All lots would be connected to sewer and be served with private wells. Sewer is available in Wildhurst Trail and would need to be extended between Lots 2 and 3 to the new road. The 6 proposed lots would average approximately one acre in size. Lots 2 and 3, located at the end of the cul-de-sac, do not have the required lot width for new lots in the zoning district. They would require variances for lot width. Lot 5 would only have 56' of frontage along the proposed road. Technically, this would require a variance as the width of the lot is narrower adjacent to Outlot A than Garden Lane. Garden Lane will only be developed to the intersection with Outlot A. The proposed access from Tonkaview eliminates a number of problems with the proposal with the sketch plan review. The Garden Lane access will eliminate driveways to Wildhurst, Aus protecting the trees along Wildhurst Trail (Lots 2 and 3) and controlling stormwater runoff on site. This application has requires the following: 1. 2. 3. 4. 5. 6. 7. 8. Approval of a six lot preliminary plat Construction of a road within the Garden Lane platted right of way Construction of a continued road into Outlot A Acceptance of the road as a public road Lot Width Variances for lots 2, 3 and 5 Sanitary Sewer extension to serve the six lots from Wildhurst Trail Construction of a stormwater management pond (NURP) Approval of a private driveway to serve Lot 6 thru Garden Lane Lot Standards Lot 1 is proposed at 1.03 acres, but does not account for land area dedicated for the NURP pond. The City docs not credit buildable area for land that will used as a drainageway or for storage of stormwater. A variance would be required for lot area. Lots 2 and 3 require lot width variances because they are less than the 140' required width at the rear of the front yard setback. Lot 2 is slightly under the required setback. Lot 3 is approximately 100' in width at the setback. Both lots are through lots because they would have access to the new road and arc adjacent to Wildhurst Trail. Mature stands of trees are located between the building sites on Lots 2 and 3 and Wildhurst. Soils types in the area make it difficult for vegetation to restore itself The trees should be protected if the lots are developed. *2596 Brenshell Homes 1181 Wildhunt Trail Class 111 P'eliminary Subdivision JuM 19.2000 poit-2 4 • * • • • #_ Lot 4 would be a conforming lot and does have a buildable area that would be suitable for residential construction. Lot 5 would have would have approximately 90' of frontage along the front property line. Garden Lane is not proposed to be constructed north of the Outlot A cormection. No direct access would be available from Garden Lane. Lot 6 contains a major ravine, shown on the preliminary drawings as a drainage easement. Section 10.55, Subdivision 15 (A) (2), "For properties served by municipal sanitary sewer, the minimum lot area may be divided by Flood Fringe lands provided at least one half acre of land not within the protected area is included in one contiguous parcel and both municipal sewer and legal access is available to that building site without encroachment on the protected area." According to the plan the driveway access would disturb the southern edge of the ravine. The City Engineer is reviewing the impacts of the driveway location on Lot 6. On-site grading and drainage plans must be submitted to the MCWD for review. MCWD permits will be required. Garden Lane adjacent to Lot 6 would not be developed. The land across Garden Lane is part ot the Saga Hill Park. The ravine is a natural feature to the area and should be protected. Review Exhibit E half-section map indicating all land dedicated as part of the park and Garden Lane. Grading/Stormwater Management/Road Details (City Engineer Comments) Qrpdinpf/Stormwater Management The road and most of the lots will drain towards the NURP pond shown on Lot I. The pond outlets to the drainage ravine along the south lot line of Lot 2. There is concern about the drainage being ■ diverted into one location before it drains to the east side of Wildhurst Trail. It is recommended by the City Engineer that all drainage be diverted to the north from the pond and drain into the ravine located in proposed Lot 6 with some form of water retention downstream before it enters Lake Miimetonka. The stormwater calculations indicate the runoff from the site would not increase, post development. However, the stormwater currently drains off the property in several locations. The grading plan indicates the drainage will now all be concentrated to the south ravine and out Lot 2. The subdivider should provide a map indicating the runoff pre and post development prior to Preliminary Plat approval. It does not appear access is possible to Lot 6 without impacting the ravine. The preliminary drawings show the drainage easement turning to the south to accommodate a driveway. This would require land alteration and filling of a portion of the ravine to provide access. I2S96 Brenshell Homes list Wildhurst Trail Class 111 Preliminary Subdivision June 19, 2000 pogi-3 * •• < Road Alignment Although curve data has not been submitted to indicate the design speed of the intersection, it appears the road would not meet the standards for speed. It would be more appropriate to have a T intersection and cul-de-sac Garden Lane rather than have one continuous road ending in a cul-de-sac. Access to lots north of the Development The road is proposed to end at the intersection of Outlot A. There is one lot north of the development that is one acre in size that could be developed sometime in the future. The only access is via Garden Lane. A road ending at Outlot A will not allow ideal access for this property, but would be better than a private drive the entire length of Garden Lane to Tonkaview Lane. Easements/Covenants 1.Standard drainage and utility easements shall be dedicated 5' in width along interior lot lines. 1 O' perimeter drainage and utility easements were dedicated for the entire property when the underlying Heathcrcroft Addition was recorded. 2. An easement and maintenance agreement shall be recorded for the NURP pond. 3. 4. 5. Drainage easements shall protect all drainageways, including the ravine areas. A preservation easement should be granted over the east portion of Lots 2 and 3 to protect the trees. The trees are located on the side and top of a hill. Saving the trees would protect the hillside from erosion and preserve the natural features as a buffer between the new lots and Wildhurst If Outlot A should be a private road, an easement for egress should be granted in favor of the City of Orono. Park Dedication The Plaiming Commission should discuss the issue of Park Dedi :rtion. Section 11.62 of the Subdivision Ordinance states “The form of contribution (cash or land, or any combination thereof) shall be decided by the City Council based upon the need and conformance with the Comprehensive Plan.” Dedication requirement of 8% of the land being platted or subdivided. The property is located across an undeveloped road from the Saga Hill Park. This provides the City of Orono the opportunity to determine if a land dedication would be appre riate. Any land to be dedicated as a requirement of this subdivision could be reasonably adaplv -.- for the public purpose of Saga Hill. The Code describes factors used in evaluating the adequacy c;' . .wd dedicated areas shall include size, shape, topography, drainage, geology, tree cover, access aai location. *2596 Brenshell Homes IISI Wildhurst Trail Class III Preliminary Subdivision Jun» 19,2000 paf-t r. L The Council has the optionof a cash contribution in lieu of land dedication. In those imt^ces where a cash contribution is to be made by the subdivider, in lieu of a conveyance or dedication of land, the cash contribution to be contributed shall be equivalent to the fair market value of the equivalent undeveloped land that would otherwise have been conveyed or dedicated. The City shall account for such flmds in a special fund named Park Dedication Funds. These funds arc to be used only for the acquisition, development and improvement of public parks, playgrounds, trails, wetl^ds, or open spaces, and debt retirement in connection with land previously acquired for such public purposes. The cash contribution is 8% of the fair market value of the properties. A minimum contribution of $2,900 per lot or a maximum $4,900 per lot would be required if the City requires a cash contribution rather than a land dedication. This item will be forwarded to the Park Commission for review at their next meeting. Given the location of the park area, it is possible the Park Commission will request a land dedication rather than collecting a park dedication fee. Land around the northerly ravine is most likely a candidate for dedication. Issues for Discussion 1.Should lot width variances be approved for lots not meeting the minimum width requirement on the cul-de-sac? 2.The pond on Lot 1 requires credit for the drainage area to be buildable. Should credit be granted for the lot. Typically, credit has only been given for stormwater ponding areas as part of a Planned Residential Development. 3.Should the Outlot be a public road? The Comprehensive Plan suggests urban residential and urban service areas should be served with public roads. 4.Is the proposed road layout acceptable? Should two roads be provided (Garden Lane/Outlot A) or would it be acceptable to combine into one road? Should Garden Lane be extended filler to the north to provide future access to other properties? 5.Would a Park Dedication be appropriate for any portion of the development due to the proximity of the Saga Hill Park? If so what areas may be appropriate for dedication? 6.The road and most of the lots will drain towards the NURP pond shown on Lot 1. The pond outlets to the drainage ravine along the south lot line of Lot 2. There is concern about the drainage being diverted into one location before it drains to the east side of Wildhurst Trail. H2596 Brenshell Homes nil Wildhurst Trail Ga» III Pralimiiuiy Subdivision Jum 19.2000 pagt-S J • $ s • Planning Commission Options for Action: 1. 2. 3. 4. Recommend approval of the preliminary plat and forward to the Council, with conditions. Recommend denial, stating reasons. Table, if road or any lots are to be redesigned or realigned. • Would require amending the grading and drainage plan. • Additional engineering information as may be requested by the City Engineer. • Direction given to the applicant listed under Issues for Discussion. Other Action. S2596 Brenshdl Homes nil WndhuntTrail Clou 111 Pteliminaiy Subdivision Juiu 19. 2000 pagt-O •• • • • *• *• ■> • :- tv Z, \ •/ •.••.>*.- • f » ••• / . * '• ’*.**‘ V -V V , r .. -w V%v;.v. '®j • • •; ' .r# v; *'.*- ^ •4:.v - . * ». .* • . -V.. . . •’. • *• \ . 1S7K Z IV/-: • :■■ ■■- . ••<' Oi O'Wi' 6 B-• • PRELIMINARY PLAT PROPOSED SUBDIVISION FOR BRENSHELL HOMES OF LOT 2. BLOCK 1. HEATHERCROFT HENNEPIN COUNTY. MINNESOTA —<5)- MUH-JT SC Ate IN rccT total lot AUCA: ACRCS tomography takcn moy orono oty maps MOSS0LC House arc ;; *• ........-.V ......... •*.. . • • ^ ••* •*.v .•. —. ..*4V. • •.^■•..•.•r.-r-I /. ....... - •f A y- -///V ‘ ' ) i X •.‘ vs-rvi?-^ ! ~¥yJLii J 1T - ' ■ • !i! uL--:... ~\ 4/^jZf ^,;:. V Mil . rt'"/ .' ^ ........................ ........ V ' •..*•« V .• ^-;* ^..v '. •••••^ .* ■ •* ***«^ * *. v"----;.-^tO A-’R D H N ■■••>i'V" ,...'5n«**'----»»-'---—............ ••• .•* / * I I I I ***••••••••••••••............... ’••• *••* ...................•••••• i V .....• ! ^-1 -f■■ ■' c preliminary grading, drainage & UTILITY PLAN PROPOSED SUBtWiSION FOR BRENSHELL HOMES OF LOT 2, BLOCK 1. HEATHERCROFT HENNEPW COUNTY, MNNESOTA .............. ...............................❖ •• • ..••• / / • •••■ r-A '• ■■“•v j *. I ; *.l__I ^—rz/9 $ ...\........-------------------------------------------\ '"^y/ >----------------'. ’G A R 0 E N *' —-—,S —------------------- . .......... ................ •••••••••••••' \ L Mmm im •ro EBnj 1 i liUrl^ r&SA m■I II r^lH'rlT m tel 1^ * RUN DATE *5/17/00 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST lATCN 511 PROP AODR OWNER NAME TAXPAYER NAME/AOOR SO or-iir-ES es ooiy ooosa ADDRESS UNASSXCNED CITY OF ORONO CITY OF ORONO P 0 BOX AA CRYSTAL MN 5S32S SB 07-117-23 23 0020 00038 ADDRESS UNASSXCNED CITY OF ORONO CITY OF ORONO P 0 BOX AA CRYSTAL BAY MN 55323 PROP ADOR OWNER NAME taxpaVer NAHI/AOOR 38 07-117-23 23 0022 00038 ADDRESS UNASSIONED CITY OF ORONO CITY OF ORONO P 0 BOX AA CRYSTAL BAY MN S5S2S 38 07-117-23 23 0025 01181 WXLDHURST TR ARNOLD H SOSKXN. ARNOLD H SOSKXN 802 EDOEMOOR DR HOPKINS MN 55305 PROP ADDR OWNER NAME TAXPAYER NAME/ADDR 38 07-117-23 23 0030 00720 TONKAVXEW LA STEVEN F 0 JOAN VALEK STEVEN F R JOAN VALEK 0720 TONKAVXEW LA HOUND MN 5SSA0 38 07-117-23 20 0007 OllOA WXLDHURST TR B D RASHUSSEN/S J RASMUSSEN BRIAN D 8 SANDRA J RASMUSSEN 118A WXLDHURST TR HOUND MN 553A0 PROP ADDR OWNER NAME TAXPAVER NAHE/ADOR 38 07-117-23 20 0020 00075 FOREST LAKE LANDXNO RAY D HURLEY RAY D HURLEY 0075 FOREST LAKE LANDING HOUND MN 55300 38 07-117-23 20 0027 01100 WILDHURST TR LYLE E RAHN ETAL LYLE E RAHN 1100 WXLDHURST TRAIL HOUND MN 55300 PROP ADDR OWNER NAME TAXPAVER NAHt/AODR 38 *7-117-23 20 0030 00038 ADDRESS UNASSXCNED cm OF ORONO cm OF ORONO P 0 BOX 00 CRYSTAL BAY MN 55323 38 07-117-23 20 0035 00038 ADDRESS UNASSXCNED cm DP ORONO cm OP ORONO P 0 BOX 00 CRYSTAL BAY MN 55323 PROP ADOR OWNER NAME TAXPAYER NANE/ABDR 38 *7-117-23 20 *037 *0455 FOREST LAKE LANDXNO S W I H J ERXKSON SANFORD S HAROARET ERXKSON 0455 FOREST LAKE LANDXNO hound MN 55S00 38 *7-117-23 20 0038 00005 FOREST LAKE LANDING JON D BLACKSTONE ET AL JON D BUCKSTONE 0005 FOREST LAKE LANDING HOUND HN 55300 REPORT HO. PX035001 PACE 1 SB 07-117-23 28 0*21 *0038 ADDRESS UNASSXCNED CITY OF ORONO CITY OF ORONO P 0 BOX 00 CRYSTAL DAY MN 55323 38 07-117-23 23 *020 00030 ADDRESS PENDING HENNEPIN FORFEITED LAND CITY OF ORONO 2750 KELLEY PKWY P 0 BOX 00 CRYSTAL BAY MN 55323 i*1. 38 ■ 07-117-23* 24 0023 04475 FOREST LAKE LANDING RAY D HURLEY RAY DONALD HURLEY 4475 FOREST LAKE LANDXNO HOUND HN 55304 38 07-117-23 24 *029 01085 WXLDHURST TR H A SCHULTZ ETAL HARVEY A SCHULTZ 1085 WILDNURST TR HOUND HN 55304 38 07-117-23 24 0030 0*038 ADDRESS UNASSXCNED RED NENNESSV RICHARD L HENNESSY 7520 BLOONXNOTON AVE S RICHFIELD HN 55423 38 07-117-25 24 0043 01131 WXLDHURST TR JSC CULLZTON JOHN H I CINDY L CULLZTON 1131 WXLDIFiRST TR HOUND MN 55304 pa)' kJ. . . .. .. MM MTE MAT/OO BATCH SCI HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST REPORT NO. PZ4SBAC1 PACE Z PROP'ADDR ONNER NAME TAXPAYER NAHE/ADOR SO C7*117-2S 24 CC44 •liS4 NXLDHURST TR mCHAEL S WEAR A BRIT S HICHAEL S WEAR 11S4 NlLimURST TR HOUND HN SSS44 HEAR SO 07-117-23 31 0015 01270 NILDHURST TR JAR STASIK JAHES STASIK 1270 NILDHURST TRAIL HOUND HN 55344 SO 07-117-23 31 0024 00030 ADDRESS UNASSICNED TODD C BIRKELAND SUBJ/LE ROBERT A HARn BIRKELAND 1290 NILDHURST TR HOUND HN 55344 PROP ADDR ONNER NAHE TAXPAYER hANE/AOOR SO 07-117-23 31 0034 01214 NILDHURST TR ‘ GARY N WELSH ETAL OARY WWELSH 1214 NILDHURST TRL HOUND HN SSS44 SO 07-117-23 31 0037 01200 NILDHURST TR SANDRA J HOLLENHORST ET AL SANDRA J HOLLENHORST A HICHAEL J HOLLENHORST 1200 NILDHURST TR HOUND HN. 55344 SO 07-117-23 31 0030 01241 NILDHURST TR SCOTT HICHAEL HENNESSY SCOTT H HENNESSY 1241 NILDHURST TR MOUND HN 55344 PROP ADDR OWNER NAHE TAXPAYER NAHE/ADOR SO 07-117-23 51 0040 . 01297 NILDHURST TR . DEAN T LUNDBLAD ET AL DEAN T LUNDBLAD A SHERRI J STELON-LUNDBLAD 1297 NILDHURST TR HOUND HN 55344 30 07-117-23 32 0027 04435 TONKAVIEW LA H BOON A H H BOON HENK BOON A HARK H BOON 4435 TONXAVIEN LA HOUND HN 55344 SO 07-117-23 32 0020 04455 TONKAVIEW LA DENNIS A HEYER DENNIS.A HEYER 4400 NORTH SHORE DR MOUND HN BSS44 Prop aodr ONNER NAHE TAXPAYER NAHE/ADOR 30 07-117-23 32 0029 00030 ADDRESS UNASSIONED DENNIS A HEYER DENNIS A HEYER 4400 NORTH SNORE DR HOUND HN ' 55344 30 07-117-23 32 0043 04440 TONKAVIEW LA KENNETH J HICKEY KENNETH J HICKEY 4440 TONKAVIEW LA HOUND HN 65344 30 07-117-23 32 0045 00030 ADDRESS UNASSIONED J D DOLEZAL A J A ROSTAD J 0 .DOLEZAL A J A ROSTAD 5044 BARTLETT BLVD HOUND HN .55344 PROP AODR ONNER NAHE TAXPAYER NAHE/ADOR SO 07-117-23 32 0044 04450 TONKAVIEW LA JEFFREY S NOROSTROH* ET AL JEFFREY S A LISA K NOROSTROH 4450 TONKAVIEW LA HOUND HN 55344 30 07-117-23 32 0047 04490 TONKAVIEW LA NAS BULL WILLIAH A BULL 4490 TONKAVIEW LA HOUND MN 55344 - SO 07-117-23 32 0043 04420 'TONKAVIEW LA TODD R COURNEYA TODD R COURNEYA 4420 TONKAVIEW IA ORONO HN 55344 PROP AODR OWNER NAHE TAXPAYER NAHE/ADOR TOTAL BATCH 501 OOOSS o K Q 9 •*'» (’T r TO:Chair Hawn and Orono Planning Commissioners Ron Moorse, City Administrator FROM: DATE; RE: Paul Weinberger, Zoning Administrator/Planner April 13,2000 #2576 Brenshell Homes 1181 WUdhurst Trail Sketch Plan Review of a 4 lot subdivision Zoning; LR-IB, One Family Residential (non-lakeshore), 1 Acre Minimum lot size Lut of Exhibits: A B C E F G Application Plat Map Zoning Map Topo Map Proposed Plat Previous Plan (Zoning Application #2239) Application Summary: Brenshell Homes has filed a sketch plan for a four lot subdivision of a 6.87 acre parcel located within the LR-IB zoning district The purposed of the review is to consider the four lot plan that includes three lots requesting variances for lot width. The three lots also request direct access to WUdhurst Trail. A fourth lot with access to a driveway located in the platted, but undeveloped. Garden Lane is also proposed. Pertinent Ordinances: 1. Section 11.10, Subdivisions 6,7 and 8 - Purpose of sketch plan review. 2. Section 10.24 - LR-IB zoning district standards. 3. Section 10.56 (Shoreland Regulations) Subdivision 16 Application Summary: The proposal incorporates the 6.86 acre Soskin property east of Garden Lane. Access to the subdivision is proposed via direct access for Lots 1,2 and 3 to Wildhurst Trail and an access to Lot 4 via a private driveway located within the Garden Lane right of way. Garden Lane was dedicated in 1921 at a 60' width. All lots meet the minimum I acre requirement as shown, although this does not account for any stormwater or other easements wh'ch might be needed. Variances would be #2576 Brenshell Homes till Wildhurst Trail Sketch Plan Review of a 4 lot subdivision April II 2000 pagt-l .L J • »* required for the three lots that front on Wildhurst as they do not meet the minimum 140' lot width all new lots in the LR-IB zoning district require. It would be contrary to the City of Orono’s Comprehensive Plan and practice to grant variances to create lots that do not meet the minimum requirements in the Code. Review Comments 1. 2. Drainage/Grading Plan. There are two major drainageways within the property. There is a major ravine that intersects the north end of the property, in the proposed Natural Area and (Please refer to the Site Plan attached as Exhibit C). The City will require a drainage easement over this ravine. A major portion of this property drains to the south and east to a less dramatic ravine area that drains under Wildhurst Trail and eventually to the lake. There is concern about erosion on the east side of Wildhurst Trail due to stormwater flows, and the neighboring property owner west of Wildhurst has, constructed a minimal ponding area to reduce the flow rates which were threatening the driveway access. Stormwater calculations should be submitted for review to ensure additional hardcover in the development will not further increase flow rates. Additionally, private driveway accesses are proposed on Wildhurst Trail. There is no indication how the stormwater will be directed and treated prior to crossing Wildhurst. There is a high potential for erosion. City Staff is concerned about any new access to Wildhurst Trail. It is the recommendation of Staff all access for the development is via a new road constructed by the developer through Garden Lane with a cul-de-sac serving any lots within direct -cess. The topography favors access from Tonkaview. On-site grading aua drainage plans must be submitted to the Minnehaha Creek Watershed District for their review at the time the preliminary plan is submitted to the City. The MCWD will review the plans only after receiving preliminary approval from the City. Grading plans submitted with the formal application must include existing and proposed 2' contours. The plans must also include erosion control, building pad locations and elevation and temporary erosion control during construction. Staff Recommendation Regarding Property Access. Earlier proposals on this site indicated access to the property via Garden Lane. Staff does not support direct access for the lots to Wildhurst. TTiere are concerns with additional driveways being located on the road when alternative access is available through Garden Lane. Locating the driveways directly onto Wildhurst Trail would not allow stormwater to be treated. The City of Orono will require stormwater ponding that can be treated with aNURP pond being constructed to treat additional run off from the street and within the development Attached to this report is a proposed lot layout from a preliminary plat application for this property in 1997. The lots were proposed to all have access from a road built in Garden Lane N2576 Brcnshell Homes 1181 Witdhursl Trail Sketch Plan Review of a 4 lot subdivision ApriU7.2QQ0 pagt-2 .1 f ■ ^7 ' to a second road ending in a cul-de-sac, Exhibit G. 3.Designated Wetlands. There are no designated City or NWI-mapped wetlands within the property. The major ravine and drainageway at the northern portion of the property is not designated on the City's wetland inventory maps. All land not used for stormwater management and road purposes will count towards dry buildable for zoning purposes. 4.Utilities. This property is within the MUSA and sanitary sewer is available from either Tonkaview Lane or Wildhurst Trail. Water supply will be provided by individual private wells. Sanitary sewer will have to be extended approximately 300' north along Wildhurst if that route is used, which is probable since the sewer in Tonkaview would have to be lowered to serve the lots. The developer will bear the cost of sewer installation in addition to a per unit sewer connection charge. The property has not been assessed for sewer. 5.Easements. The City will ask for a dedication of drainage and utility easements at 5' width along all internal lot lines and 10' along the proposed road right-of-way. The City will ask for drainage easements over all retention areas, drainageways and storm sewers. 6.Park Impacts . This proposal may not be necessary to providing access to the Saga Hill park. Access and a parking area have been located off Torikaview. This sketch plan application will be forwarded to the Park Commission for review at their next available meeting. Given the location of the park area, it is possible Park Commission will want land dedication rather than collecting a fee as part of this subdivision. The developer will need to know what land is to be dedicated. Land in the area of the northerly ravine is the most likely candidate for dedication. Summary of Issues for Discussion 1 Planning Commission should provide applicant with general direction regarding the following issues: Road system configuration, driveways vs. road access for the lots. Shall any access be permitted from Wildhurst. Public vs. private roads. Future access to adjacent lots. Whether lot width variances noted are acceptable. Address any other issues raised by staff or applicant. 2. 3. 4. 5. jm576 Brcnshell Homes I III Wildhurst Trail Sketch Plan Review of a 4 lot SubdivUion April 17. 2000 pagt-3 j •’ .CITY OFORONO ^ 6122494616 • • 03/20/00 17:46 0:11/18 N0;792 A AppUcatioa # Date Received 3/as/oD Amount Paid CITY OF ORONO • SUBDIVIStON APPUCATION Plo.v\ PROPERTY LOCATION Site addreas //g /kJ • idU u tr^'h ! y' ^ ! Prbpdty Identification Number (PID) 07-111*2^ OOZS PleaM check one - Proper^ abstract or ___torrens? Attach legal description to application. ^. Name ifoi 'Addreaa P* 0» Rox /'7-X' • Am — A MCity J. Aimt^efo-hi Phone (homel ZipPhone (work) 7.2./*’//yA owner (if dififerent than Name A rt\ o'jTtcoikivx Address City • (attach list if mote than one) Zip Phone (home), . Phone (work) EASTING LAND USE 'Number of Tax Parcels ■Development Size / Present use (check) Present Zoning District PROpb^ X Acres Dry Land ^res Wet Land Acres Total, all pafcels Residential; no. of units fACis/' Other (specify) r AC4H X Division for Tax Purposes Lot Line Reanangemetit Only (no new building sites) Number of Building Sites Subdivision forNewBuilding Sites ildinff Sites O Existing Units _ New Units Total UnitsI Proposed Gross Density Mtdihum Lot Size a Proposed Use (check) Units per 7 Acres Sq. Ft Dry Buildable Land Residenti^ Other (specify)________ i A’oK. ■ Ji f. • -i. i i — P X 14 1 1 4 ^9 0 1 % s V’3 s=» J 9 ;4. • ”5 : • s *s o 5\?» ^ O ^ •• - eN» V 5*•rr“ 5 • '^ fa •9 .'* i• • O 114 _ - *.(16)5 ^ • • • -a ;• 0*^0 ?< ’’>.? o »^;c " o s ^• • •® ‘* >iSi V.-i.C-s^c.:r<3r v;».t2. • •***’ »«f»3 %!••• t tt'at %v if^^BS^^PRING PAR \ \\\NX® \\"-0-^^''msa\ M fM.« X 9)1.• Wildhurst by Orenshel Homes 3/22/00 # , ^ rra’ ,0-f? • ^ / 'Qi0.J it ^ i I ■r-i-iA V___L SCHOCLL k IIAOSON. fNC. • cmmmm IMM tv*l * «■ MJM ctifl !••-*••» »«•-•••» OMNcn/ocvtio^ft LGA INVESTMENT GROUP, INC. APRtt 1997 FNUjccf n^mc/skh nac \ GARDEN LANE SITE ORONO, MN CONCEPT SKETCH A J LOT AREAS AREAJLL 59.000 19.000 45.000 49.000 49.000 59.000 45.000 AVERAGE 54.000 \ iv«> WrtM xin4m|.| r Application Date: 8/23/00 120 Day Deadline: 12/21/00 TO: FROM: DATE: Chair Hawn and Orono Planning Commission Members Ron Moorse, City Administrator Paul Weinberger, Zoning Administrator/Planner September 13,2000 SUBJECT: #261S George and Gloria Johnson 879 Brown Road South Lot Line Rearrangem . ■* Public Hearing 2U>ning District:RR-IB One Family Rural Residential District (2 acre) Lot Area: (Existing)Parcel 1 Parcel 2 a 1.00 acre 4.45 acres 2.46 acres (excluding wetlands and areas below tki OHWL of Dickey Lake) Lot Area: (Proposed)Parcel 1 Parcel 2 1.10 acre 4.35 acres 2.36 acres (excluding wetlands and areas below ^e OHWL of Dickey Lake) Required Minimum Lot Size 2.00 acres • List of Exhibits A B C D E Application Plat Map Site Survey Resolution No. 3982 Property Owners Notification List Summary of Request: The applicants have requested a rearrangement of a common property line for properties located at 879 Brown Road North. The properties have been under conunon ownership for many years. Parcel 1 would remain a residential parcel less than the required minimum lot size for properties in the RR-1B district, however the size of the parcel would increase by about 4,300 s.f. The existing residence would meet setback standards for lots in the zoning district. •26IS G«oitc and Oloria Johnson 179 Brown Rond South Lot Line Reefran|cmcnt - Public Hearing Page I Parcel 2 is an existing 4.5 acre parcel. About 2 acres of the parcel are located below the OHWL of Dickey Lake or are designated as wetland. Lot area does not include those areas that are designated as Dickey Lake or have been determined to be wetlands. The total existing lot size is 2.46 acres. This would be reduced as 4,300 s.f. of land would be transferred to Parcel 1. Pertinent Ordinances: 1. 2. Section 10.28, Subdivision 5 - Lot standards for RR-IB zoning district. Section 10.56 - Shoreland Overlay District a.Subdivision 16 (C) - Required setbacks for structures and septic systems from the OHWL of a Natural Environment Lake. Required = 150' b. Subdivision 16 (L) - Hardcover restrictions. Both Lots 1 and 2 will be subject to the hardcover regulations for the Shoreland Overlay District. Hardcover Restrictions Both Parcels 1 and 2 are subject to hardcover restrictions from Dickey Lake and a protected tributary located along the north property line of Parcel 1. Dickey’s Lake Creek has been identified as a protected waterway and requires a 75' setback for structure and hardcover. An original plan was submitted in August that proposed a driveway access for Parcel 2 along the north side of Parcel 1. Staff suggested the access should remain south of Parcel 1 to not disturb the creek. A driveway along the north property line would have required grading and hardcover within the protected area of the creek. A 300' shoreland protection area has been established around protected tributaries. The 300 ’ would allow 0% hardcover within 75' of the high water level of the creek, 25% hardcover between 75-250' from the creek and 30% from 250-300'. Required Setbacks Parcel 1 Front Yard = 50 feet Side Yard = 30 feet Rear Yard = 50 feet To protected tributary (north of property line) = 75 feet Parcel 2 Front Yard = 50 feet Side Yard = 50 feet Lakeshore = 150 feet* * Dickey Lake has been classified as a Natural Environment Lake and requires a 150' setback for structure and hardcover #2615 George and Gloria Johnson 179 Brown Road South Lot Line Rearrangement * Public Hearing Page 2 Discussion The common property line would reduce the frontage for Parcel 2 along Brown Road from 50' to 30'. A 30' platted outlot is required for front/back lot subdivisions when providing for driveway purposes only. This application is not a plat, it is only rearranging a common lot line. Parcel 2's status as a flag lot would not change. An accessory structure has been located on Parcel 2. The new property line is shown to pass thru the shed. Prior to recording the new legal descriptions the shed shall be removed or relocated to Parcel 1. Several other small buildings would be relocated to Parcel 1 to meet the required 10' setback for accessory structures. The house would not require variances for its location. The site plan, attached, indicates the house does meet required setbacks. The new property line allows the house to expand to the flat area northwest of the structure. The property owner should be advised new construction would require variances for lot area since the lot is under the two acre minimum lot size for the district. Development of Parcel 2 would require the Council approving sewer connection to the property. The proposed Comprehensive Plan would bring both Parcels into the MUSA allowing for the provision of sewer service to the site. The City Council has recently approved sewer connection for the developed property. The lot had a septic system that was non-compliant and no alternate sites were available due to the size of the lot and creek north of the property. Parcel 2 has been tested for septic to demonstrate 2 sites are available. The testing results have not been provided to staff identifying the location. Although septic may be available, the property owners will petition the Council for sewer before the Comprehensive Plan is approved by Met Council. Dickey Lake Dickey Lake is a protected lake. The applicants shall provide a drainage easement over the property __Aoc c* r\u\\n tViA m wetland. Drainagebelow the 985.5' OHWL.and for the land above the 985 5’ that is classified as wetland. Drainage easements have been dedicated around Dickey Lake as the properties have developed. The wetland boundaries have are shown on the survey. TTie boundary is at about the 986' contour. Staff Recommendation Staff is recommending approval of the lot line rearrangement as proposed subject to the following conditions: 1.Applicant shall dedicate drainage and utility easement 10' along exterior property lines and 5* along interior property lines. 2. Applicant shall provide to the City any documentation relating to easements on both properties. «26l S George end Gloria Johnson 179 Brown Road South Lot Line RcMTaiiiement - Public Hearing Page 3 3.Prior to City Council review 3 original surveys of the survey completed by a licensed surveyor in the State of Minnesota shall be submitted, with signature blocks. 4.Drainage easement shall be recorded for the property below the 985.5' OHWL of Dickey Lake and over City protected wetlands. 5.Prior to Council review a title opinion addressed to the City shall be submitted by the property owners. 6. Accessory buildings shall be relocated to conform with Zoning Standards. a V26IS George md Gloria Jotiiuon 179 Brown Road South Lot Line Rearrangement - Public Hearing Page 4 t: s [ A Application # ^ Date Receiyed S~2 3-00 Amount Paid y *^5:0 CITY OF ORONO - SUBDIVISION APPLICATION PROPERTY LOCATION Site address /} IA/w 6!>r*y^rJ /Xq|. Property Identification Number (PID) “ZH! oooH 'Z'7llc'2.'31I*f6;00^ Please check one - Property ____abstract or _____torrens? Attach legal description to application. APPLICANT Name Address City__ ^0 U/. *• ^ 0 C 0 /?/• >Phone (home) V ^ J"- 2S7SS Zip JTJbT ^hone (woric)^^^-J OWNER (if different than applicant) __ > Name _______'G~l\srio^ Address City__ SroWA^ Ac^_______Phone (home) <^/73 Zip Cpy/^hone (work)____ -7<r^y (attach list if more than one) EXISTING LAND USE Number of Tax Parcels Development Size Present use (check) Acres Dry Land Acres Wet Land Acres Total, all parcels Residential; no. of units Other (specify)______ Present Zoning District .Z PROPOSAL _ Division for Tax Purposes _ Lot Line Rearrangement Only (no new building sites) _________ Subdivision for New Building Sites Number of Building Sites ________Existing Units ________New Units Total Units Proposed Gross Density Minimum Lot Size Proposed Use (check) Units per___Acres Sq. Ft. Dry Buildable Land Residential Other (specify)_________ ------ • . I • w I V;;*. m ir"f:•■;=i :• -dk . : i'A •'■ ■ ■ ■■;. SOUTH • n « • « f * .. - •• •• • fl •I* ** •. •• f. * to.• • - * • i494}.9 63SJS V • • • t • • • * ' ''V'* AV' m •M m CITYofORONO RESOLUTION OF THE CITY COUNCIL NO. 8 9 8 2 A RESOLUTION APPROVING A SEWER CONNECTION AT 879 BROWN ROAD NORTH AS PART OF THE NORTH LONG LAKE/LONG LAKE COUNTRY CLUB ADDITION SEWER PROJECT WHEREAS, the Metropolitan Council has approved up to 50 undefined sewer units for use by the City for properties outside of the MUSA but adjacent to sewer lines; and WHEREAS, the requirements regarding the 50 undefined units are that the property is adjacent to a sewer line, that it is an existing residence, and that it has a failing or non-conforming septic system; and WHEREAS, George Johnson has requested that his property at 879 Brown Road North be provided with sewer service as part of the North Long Lake/Long Lake Country Club Addition Sewer Project; and WHEREAS, the property at 879 Brown Road North meets the requirements for die use of the 50 undefined units; and • • WHEREAS, the cost per unit for those properties participating in the sewer project has been set at $13,950.00. NOW, THEREFORE, BE IT RESOLVED, by the City Council of Orono, Miimesota diat the property at 879 Brown Road North be provided with sewer service as part of the North Long Lake/Long Lake Country Club Addition Sewer Project, subject to the property being assessed in the amount of $13,950.00. Adopted by the City Council of Orono this 13th day of October, 1997. ATTEST; A- Page 1 of 1 MM MTE M/ai/ftl MTCN Sf 1 HENNEPIN COUNTY PROPERTY INFORHATION SYSTEN PROPERTY OWNERS LIST REPORT NO. nRSMRl PACE 19 PROP ADDR OWNER NAHE TAXPAYER NAME/ADOW SO 27-110-23 31 0019 02195 SIXTH AVE N DANIEL 6 0 RUTH 6 HCPHERSON DANIEL 0 0 RUTH G HCPHERSON 2195 9TH AVE N LONG LAKE HN 55359 PROP ADDR OWNER NAHE TAXPAYER NAHE/AOIMI 30 27-110-23 33 0007 00799 DICKEY LAKE DR G L PETTIS RAJ PETTIS GERALD L 0 ALICE J PETTIS 799 DICKEY LAKE DR LONG LAKE HN 55359 PROP ABOR OWNER NAME TAXPAYER NAME/ADDR 30 27-110-23 39 0001 00925 BROWN RD H LYLE P COX 0 WIFE LYLE P COX 925 N DROWN RD LONG LAKE HN 55359 PROP ADDR OWNER NAME TAXPAYER NAHE/ADOR 30 27-110-23 39 0009 00079 BROWN RD N GEORGE A JOHNSON 0 WIFE GEORGE A JOHNSON 079 BROWN RD N LONG LAKE HN 55359 PROP Al OWNER NAHE TAXPAYER NAHE/ADDR SO 27-110-23 39 0007 02095 SALEH CT D T LARKIN 0 S B LARKIN BRIAN LARKIN 0 SUSAN LARKIN 2095 SALEN CT LONG LAKE HN 55359 PROP ADDR OWNER NONE TAXPAYU NANE/ABOR 30 27-110-23 93 0023 00900 BROWN RD N NON ROBBINS NARK W 0 NARIA ROBBINS 900 DROWN RD N LONG LAKE HN 55359 30 27-110-23 32 0010 01000 COX FARH RD TIHOTHY L WMITEIS TIHOTHY L WHITEIS 1000 COX FARH RD LONG LAKE HN 55359 30 27-110-23 S3 0009 00739 DICKEY LAKE DR HARIAN H HOYT HAKIAN H HOYT 739 DICKEY LAKE DR LONG LAKE HN 55359 * ^% ^ SO 27-110-23 S3 0012 00900 COX FARH RD S J LEUSNER 0 J H LEUSNER STEVEN J 0 JULIE H LEUSNER 900 COX FARH RD LONG LAKE HN 55359 SO 27-110-23 S3 0021 00050 WILLOW DR N T 0 CARLSON OJA CARLSON THQNAS D 0 JANE A CARLSON 9505 EDINA BLVD EDINA HN 55929 30 27-110-23 39 0002 00915 BROWN RD N TNOHAS W LANE 0 WIFE THONAS H LANE 915 BROWN RD NO LONG LAKE HN 55359 30 27-110-23 39 0003 00030 ADDRESS UNASSIGNED G A 0 6 J JOHNSON GEO JOHNSON 079 N BROWN RD LONG LAKE HN 55359 30 27-110-23 39 0005 00019 BROWN RD N STEVEN GUV GRAY STEVEN GUV GRAY 019 BROWN RD H LONG LAKE HN 55359 30 27-110-23. 39 0009 00009 BROWN RD N LESLIE N BARRY LESLIE N BARRY 15915 19TH AVE N • PLYHOUTH HN 55997 30 27-110-23 .93 0013 01995 WEST FARH RD R L PARRISH 0 C J PARRISH RICHARD L PARRISH 1995 WEST FARH RD LONG LAKE HN 55359 30 27-110-23 93 0022 01990 WEST FARH RD AON BRACHHAN ARNAND E 0 HARY A BRACHHAN 1990 WEST FARN RD LONG LAKE HN 55359 SO 27-110-25 95 0029 00030 ADDRESS UNASSIGNED THE FARN AT LONG LAKE THE FARH AT LONG LAKE PTNSHP C/0 TIHOTHY ADANS 1010 WEST FARH ROAD LONG LAKE HN 55359 30 27-110-23 93 0025 00990 BROWN RD N CHARLES CLAYT TABOR CHARLES CLAYT TABOR 990 BROWN RD N LONG LAKE HN 55359 4* it ^if ..V iUN BATC tA/ai/tt ■ATCN SBl niOP AODR OWNER NANE TANPAVER NANE/AINNI . - 4 HEfRIEPIN COUNTY PROPERTY XNFORNATZON SYSTEH PROPERTY OWNERS LIST REPORT NO. PXASB401 PAGE ER SR SA>11R-2S 22 ROM RR75R DICKEY LAKE DR J D RXCR I J N RICK JONATHAN D RICK 7SR DICKEY LAKE DR LONG LAKE HN 55S5R TOTAL BATCH 551 RSRIR I « „ I « < * * r ■ n O 7> ;i» .'i'i 4 1 CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTHENT OF PROPERTY TAXATION, TO THE BEST OF NY KNOMLEOCE AND BELIEF. ■T' :#■ DATE J Minnetonka Center for the Arts r' P “-“itei:^ i ^ e The Minnetonka Center for the Arts project represents a unique opportunity to explore the intimate relationship of Fine Art and Architecture. The design of the building shares many aspects with fine art: process, plane, form, color, balance, light, shadow, materiality, plasticity. The design decisions have been made with the processes of fine art as a guiding principle, and as a result the building will be a primary illustration of how art is created, and promote the ideas of creativity and artistic expression. The building should be an introspective, self-referential space, illustrating the strong sense of the community it serves, as well as the interdisciplinary nature of fine art. The Art Center serves a distinct community of artists, and a regional community of visitors that utilize the facility for social purposes. Additionally, fine art is interdiscipli nary in nature, and these two ideas together suggest a building that is not organized along a line, but is turned back in on itself, allowing for a sense of interaction and awareness of others' activities within the building. The U-shaped' building provides this opportunity, allowing for views into and across adjacent spaces. The building also surrounds a central courtyard, the 'Town Square' of the Art Center, an overt expression of the gathering of artists, students, teachers, and visitors that are the spirit behind the Art Center. The spaces within the building should have close relationships with the exterior. There is a unique quality to living in Minnesota that involves outdoor activity at all times of the year, including winter. Therefore, each space in the building should have a complimentary outdoor space associated with it. Outdoor studios for each medium, allowing for a diversity in scale, material and lighting quality; outdoor dining for the caf6; outdoor exhibition for the exhibition gallery; and freedom for the Summer Arts Camp students. The connection to the land and the freedom of space associated with working outdoors will greatly enhance the experience of the Art Center. Fine Art is a limitless endeavor We have seen in the world of fine art that the creativ ity of the artist has no limitations. Particularly in the last 100 years, we have seen art incorporate all modes of thought, process, media, and artists have demonstrated that expression has no limitations. The Art Center is designed around a series of display areas that will be available to students and faculty. These areas are essentially blank canvases, capable of accommodating all types of media and all scales of work The most visible of these is the Art Wall, located at the north end of the central courtyard. The Art Wall is a 28-foot high wall, capable of holding painting, drawing, sculpture, video, film, or nearly any medium an artist can conceive of. The wall is at once a work surface for the artist, and a highly visible illustration of the creative energy within the Art Center. „ ^ fc. .. # t ^ 1 I« • c N c t w a I DESIGN »• - liiALLMAfOvki: • V 0 O 0 C <?0 ©oT T T 1 T 1 ^ Q>noor PLAN mjLi SS^Sl MkM K y z y Hji \t\ Z«lhi II It ii poor PLAN A-1 03 r NOIt: RtlCII TO lANOSCAPt PIAN fOR fiMSM CttADC tlCVAnONS •♦It*-5S?t L J L (> SFs* n»* ■« »«■»• I I I IrxinziJIXXX.I I! II ■ ■ i i_inrirnLnm I 1 i I i ; M 1 1 <r? ©-SCAST CLCVATION (D-!^NORTH CLCVATION NORTH CLCVATION » ni n ai^ssu, /-sTw ■? T ■ I 1 T' j:.r: n j 1 r I .11 NORTH CLCVATION ICONTI MMUl Ml V dJHD 1 mmrn ttm m mwBmm tiz y H i *:i‘Phi ill! li ItIVMI A-202 O ^3 0 0 © 0 ©© O 0© © o © o '^© O O © © '© ““iUTLoTNa ”AFtiqn Baiiiiiii^ O O O 0 (3 O © BUILDINQ 8CCTION ///////Aiiiii plft'llllffiSlHls.:., \ tSSTmm^m Kl«* ■ I 4^• ■ f 00 0 0©0 ' 0^3 O© O Q O .................._______________ BUILDING SCCTION © O0 © ©© o © BUILDING SECTION c«*« 3 0 0 O O 0 0 0 0 BUILDING SCCTION • M«* • I ‘BUILDING SCCTION Lv V* IILDING SECTION • • *■0 O O O O 0 0 BUILDING SCCTION %>!»• • t-0 0 (;) 0 llllSI D 7u rzj 0 fO © 0 X ^ 0 © y Mil! I © © © , 1;■mizz RUILOINn SECTION (B ntllLOINn SECTION / •••'•• «r 6; ss::- iisX014,S] tlL w t \ »3 ( f > . -------------------------------- 1 lliiilmlllrii laivifi [rffirlr T j j n •1 1 1 .LLi_) 1 1 1 1 tsnnsmVtWzSTp 11 1 r—'ten rr R "i T ““1 BS.tSS DISK MM MMMO sccnoNS A-2D3 'M ;^.;r'OB? ’ !►- I 'V H.' ■ ' ‘ ,.^. ' .^.r ...._ .V -,5>i -• ■■ ' '■= ' •■'- ■ *4/ *V V ■ ' '“^:- i. ’ AI‘-‘ a>^ f 4% .- ?».* *" .i?'m ju ' ^ .. -v%. ^144^ ^J»-k y r* • .-V / ^ c5 r % #' ^ • . ; %► J: • > C*") c •'i. ^,j;H:: ^1 ^Ar •. V *.ir . • *** • -at «» ,A. ^ - . • , ■w.. ■ ■ ' ',»'»■ IK... • ‘ •'i .. \ "•f i- } r*'•'•'I COm % I Wtfc&n-l :-^-w ^ ^ * ^ 9 • i^ '■;' ^Ir^-7« ': - ■,, O’ V •■ V-*'>Z '-^ -'-^ ■ " ' ■*^ ■^ • .^✓!'- —- '*•• - -=----- % \ • • i C' Application Date: 60 Day Deadline: 8/23/00 10/22/00 TO:Chair Hawn and Orono Planning Commission Members Ron Moorse, City Administrator FROM:Paul Weinberger, Zoning Administrator/Planner Wendy Bottenberg, Assistant Zoning Administrator/Planner DATE:September 15,2000 SUBJECT: #2616 Minnetonka Center for the Arts 2240 North Shore Drive Conditional Use Permit -- Public Hearing Zoning District: Lot Area: RR*1B One Family Rural Residential District (2 acre) S.6S acres Lbt of Exhibits: A B C D E F G H Application Project Narrative Site Plan - Existing Site Plan - Proposed Site Plan (indicating location of both buildings) Plat Map Zoning Map* Minnetonka Arts Center Submittal Application Summary: The Minnetonka Center for the Arts has proposed to construct a new facility on their property located at 2240 North Shore Drive. The property has been used as an Arts Center since 1978. Prior to being an Arts Center the building had been used as an elementary school since its construction in 1950. The Minnetonka Center for the Arts has stated they need a new building for several reasons. The enrollment and attendance have steadily increased over the past several years. The existing building has 22,000 usable square feet. The new building would have about 30,000 square feet of usable area. They have also stated the existing building has structural problems with the foundation and the roof, and the mechanical systems are out of date. Their letter also refers to such hazards as asbestos and lead paint being present in the existing building. The new facility is proposed to be constructed north of the existing building beginning next year. The following year, upon completion of the new Arts Center, the old building would be removed. During construction, the existing building would remain in use until the new building is complete. A site plan illustrating the building locations has been attached as Exhibit E. #2616 Minneumka Center for the Arts 2240 North Shore Drive Conditional Um Permit - Public Hearing P^cl Pertinent Code Sections: 1. Section 10.28 - Standards for the RR-1B Zoning District 2. Section 10.20, Subdivision 3 - Uses Allowed by Conditional Use Permit in “R” Districts 2. Section 10.61 - Parking and Sign Provisions Surrounding Properties: The Minnetonka Arts Center is located on North Shore Drive with residential property surrounding the lot to the north east and west. North: Open Space Outlot owned by the French Creek Homeowner ’s Association South: North Shore Drive West: French Creek neighborhood (residential use) East: Crystal Bay neighborhood (residential use) and Environmental Learning Center (school) Issues: 1. Site Characteristics. Conformity Required/Allowed Existing/Proposed Site area:2 acres 5.65 acres Defined lot width:200’565.5’ Parkine Areas Required front yard:50’50’ Required rear yard:50’NA Required side yard (east):30’30’ Required side yard (west):30’105’ Building setbacks: (30’ to service drive) Front lot line:50’190’ Rear lot line:50’70 ’ Side lot line (east):50’110’ Side lot line (west):50'118’ Building Height:30’30’ The “cooling tower ” is defined at 44.5' in height. Section 10.75, Subdivision 1 (A) allows cooling towers to exceed the 30' maximum height limitation by a conditional use permit. The Section allows certain sUuctures to exceed adlowed height by 50%. The majority of the building meets the 30' height limitation. * A Conditional Use Permit is Required #2616 Minnetonka Center for the Arts 2240 North Shore Drive Conditional Use Permit - Public Hearing Page 2 lOAiiia No. of Parking Stalls: Community Centers, Physical Cultural Studios and Museums require the following parking standards: Ten spaces plus one for each 300 square feet of floor area in excess of 2,000 square feet of floor space in the principal structure. The Arts Center has calculated the usable floor area as 21,192 square feet. 21,192 s.f. - 2,000 s.f. = 19,193 s.f./300 s.f. = 64 + 10 = 7.4 §P3cg§ The site plan indicates only 72 spaces. The final plan set should indicate a total of 74 spaces. Signage Allowance 12 s.f. per surface 192 s.f MCA letters on cooling tower are 8* X 24* in size. * A signage variance would be required for this sign. No other signs have been noted. II. Construction Schedule The new facility is proposed to be constructed north of the existing building beginning in 2001 . The following year, upon completion of the new Arts Center, the old building would be removed. During construction, the existing building would remain in use until the new building is complete. The construction entrance is tentatively proposed to come from the east side at an entrance to access Briar Street. Staff has concerns with the construction traffic using a smaller residential street. It would be advisable to redirect all construction traffic to the south entrance to access North Shore Drive. 111. Curb Cuts. Driveways. Parking Areas The existing entrance is a horseshoe with two access points on North Shore Drive. The access points will be removed and each shifted outward towards the property lines, as shown on the site plan. The parking areas and driveways do meet minimum setbacks to the property lines. The Arts Center has proposed a crushed rock aggregate material rather than black top for the parking lots. They have stated they would prefer to use the rock material for aesthetic purposes rather than the traditional bituminous surface. Bituminous surface lots would allow for striping and would require far less maintenance. Zoning Code Section 10.61, Subdivision 9 (D) requires the lots to be “surfaced with material to control dust and drainage”. Staff believes that bituminous surfacing is most appropriate for this use. IV. Grading/Drainaee A stormwater management pond is shown on the plans and would be located over the northwest comer of the property. Final design and rate calculations should be provided for review by the City. No outlet for the pond has been shown on the plans. This information shall be provided prior to D26I6 Minnetonka Center for the ArU 2240 North Shore Drive Conditional Uie Permit - Public Hearing Page 3 review by the City Council. The grading plan is page L200 in the Minnetonka Arts Center submittal booklet. The City’s intent would be that runoff from virtually all hard surfaces on the site be directed to the stormwater pond. V. Off-Street Loading Areas The service entrance would be on the west side of the building. This would be the area used for truck delivery and trash receptacle storage. The plans should indicate how the dumpsters would be screened, and protected to not allow trash to leave the service area. A fence has been shown in the plans. The fence should be enclosed to completely screen the trash enclosures. While the Zoning Code indicates this size school building should have two loading berths, only ine is proposed. The second loading berth may be unnecessary. VI. Lighting and LandscaDin2 A lighting plan has not been completed for the project. City Ordinance requires that lights sources not be visible at property lines. A final lighting plan shall be provided with the final plan set. The landscaping plan is page L300 in the Minnetonka Arts Center submittal booklet. Trees are proposed to be planted along the east property lines along Briar Street and to screen the property from the residential properties located to the east. Additional trees are to be planted to screen from the residential properties to the north and west. VII. Impacts on Adjacent Properties The property is adjacent to the Hill School which uses the tennis court and has an outdoor area used by the students of the School. The area is immediately adjacent to the proposed east parking area. The use of the lot for parking is a possible safety issue for the neighboring school. One option would be to require fencing along the property line between the school and Arts Center to define the property boundary and screen the parking area. The area between the property line and the proposed parking lot is proposed to be sodded. Tempiorary fencing should be provided along the property lines to the Hill School to separate the construction area from the Hill School property. Construction traffic should be limited to access to the southwest entrance, shown on the plans as the proposed entrance once the buildings are complete. Options for Action; 1. 2. 3. 4. Recommend approval of the conditional use permits, Plarming Commission should provide direction on each of the VII issues discussed above and any other issues that are relevant. Recommend denial, stating reasons. Table. Other action. #2616 Minnetonka Center for the Arts 2240 North Shore Drive Conditional Use Permit - Public Hearing Paged #1 Pi. A Application # | (j) Date Received S *ZB"-00 Amount Paid ^7-SO CITY OF ORONO - GENERAL LAND USE APPLICATION PROPERTY LOCATION Site Address 2240 North Shore Drive, Wavzata# MN 55391 Type of Application to be Filed Institutional Property Identification Number (P.I.D.) <^1011723320019 Phone fhome’l(763) 295-6062 __________________________________Phone (work) (952) 473-7361 Address 2240 North Shore Drive City Wavzata _______Zip 55391 APPLICANT Name ,Tr>hn S^an<^**r OWNER (if different than applicant) Nam e Roxanne L. Heaton Address 2240 North Shore Drive Phone (home) (952) 473-8856 _____ Phone (work) (952) 473-7361 City Wavzata _______Zip 553J1 1 Date Property Acquired September 7, 1972 I (do) (do not) also own the adjacent parcels of land. (month/year) FEES - CONDITIONAL USE PERMITS - _____$ 75.00 For each variance request with CUP application __$175.00 Residential Accessory Use X__$250.00 Institutional (church, school, etc.)- ___$225.00 Guest House/Guest Apartments ___$200.00 Duplex Credit/Bldg ___$300.00 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 Ip r A i * c • .n i ■ -j PRD/PID - see Fee Schedule $150.00 Renewal Fee (no change from original application) After-the-Fact Fee - Double Current Application Fee =41= OTHER APPLICATIONS _____$250.00 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) ______$350.00 Comprehensive Plan Amendment ______$100.00 Appeals Other - see Fee Schedule ' f J V Project Description from the Minnetonka Center for the Arts Fifty years ago, the Minnetonka Center for the Arts was simply a good idea, bom out of the enthusiasm, confidence, creativity and determination of a small group of people who agreed to take a summer painting class and see where it might lead. By the time it was incorporated in 1952, MCA already had a reputation for quality programming on a shoestring budget. For its first three decades, the Center thrived in a variety of rented spaces while it refined its mission, gained a sense of identity and enlarged its programs. In the late 1970s, the community took a leap of faith in purchasing the Center’s present home. From its beginning, the Minnetonka Center for the Arts’ purpose has been to help a diverse group of Minnesotans - particularly families and children - make art a part of everyday life. We believe in the value of art making and art appreciation. Art not only transforms materials - wet clay and paint, dry canvas and dusty marble, molten bronze and gold - it can transform lives. Our mission statement is as follows: In the belief that the visual arts are indispensable to a healthy community, it is the mission of the Minnetonka Center for the Arts to provide teaching excellence, quality exhibitions and cultural enrichment for people of all ages, interests and abilities. Our current facility, built in 1950 as an elementary school and purchased/renovated in 1978 by MCA, is past its useful life. For over twenty years, the building has provided space for classes and programs twelve months a year, six days a week, twelve hours a day and has reached the point where it is literally falling apart. Unless it is replaced, MCA will have a future measured in months rather than decades. Though it may not be apparent to visitors, every structural and mechanical system - from climate and security controls, plumbing, structural integrity of the foundation and condition of the roof, to such hazards as asbestos and lead paint - has deteriorated beyond cost-effective repairs. Furthermore, emergency maintenance and high fuel costs are deflecting financial resources from programs. In recent years, MCA has experienced dramatically increased enrollments/attendance at the Center, thereby pushing our facility to its limits and forcing the Board to approve, at its March 17, 1998 meeting, the Crossroads Campaign. In the past seven years, for example, class enrollments have increased by over 80% to more than 5000 per year, with students coming from as far as Aitkin, Willmar, St. Cloud and Delano. The classes include sculpture (clay, stone and bronze), ceramics, painting and drawing, photography, fiber arts, and jewelry making. MCA has the only publicly-accessible metal foundry in the Upper Midwest. For its part-time faculty, MCA draws from a group of approximately 100 professional artists who teach and/or conduct workshops at the Center. Our Summer Arts Camp for Children enrolled nearly 800 “campers” this past summer, an increase of nearly 200% since it began in 1990. Furthermore, professional artists, os well as advanced talents who no longer need to take classes, use the Center’s sophisticated equipment for their work. i?. W' JLHIHHETOHKIl tEBTEIHBRTS 2240 NorihShore Drive. WayzaU.MN 35391.9127 1el(952) 473-7361 Fax:(952)473.7363 1'^ i i Q The Center mounts an average of nine exhibits per year, open to the public without charge, featuring the works of Minnesota and regional professional artists. Attendance at these exhibits has increased annually. Community outreach has also increased in recent years. MCA has been collaborating with C.O.N.E.C.T. (Community Organizations Networking Compassionately Together) to provide summer arts camp experiences and seven-week courses in metal working, jewelry making and ceramics for high-risk families and children from low-income neighborhoods. MCA hosts Positive Strokes, a community arts festival for physically- challenged children and adults. MCA collaborates with more than two dozen schools in the seven-county area and sponsors a juried exhibition of student work. MCA also hosts the Twin Cities Suburban Arts Conference which features 150 outstanding arts students and their teachers from fourteen high schools and includes workshops, demonstrations and seihinars. Other recent outreach partners include St. David’s Child Development and Family Services, The Minneapolis Institute of Arts, Little Brothers-Friends of the Elderly, Orono Community Education, The Institute of Renewing Leadership at the University of St. Thomas and the Radisson Hotel Corp. For programs that require fees, MCA has a scholarship fund so programs are accessible regardless of ability to pay. Unlike most community art centers, MCA receives no city or county funding. The budget for the 1999-2000 fiscal year (6/30) was $833,600, and 78% of the income was the result of earned revenues, an exceptionally high ratio for an arts organization. For the past 11 years, MCA has operated with balanced budgets and is expected to continue to do so. After two years of thorough analysis by architects and construction professionals, including Architectural Alliance and M. A. Mortenson Company, it was determined that the direct and contingent costs of remodeling and enlarging the existing MCA building would likely be as costly as new construction. In addition, remodeling would require closing the Center for at least a year (or partially closing for two years, if the remodeling was staged). Fortunately,’ MCA has sufficient land (over five acres) that allows for construction of a new facility without interruption of classes in our current facility, thus preventing the likely loss of students and/or faculty. Currently envisioned is a dramatic new arts center of 30,000 sq. ft. as compared to our emrent 22,000 sq. ft. The building is being designed by James Dayton, the architect who recently designed the Northern Clay Center. The new building will increase useable space by at least 50% and be far more flexible than our current elementary school building. Of particular importance will be vastly expanded and improved exhibition spaces with adequate climate and security controls. The Center draws over 25,000 visitors a year to its exhibits, but the quality of its exhibits has been limited because of a lack of climate and security controls in the galleries. Despite the increase in the size of the building, architects and engineers predict, by virtue of the building design and systems, that monthly operating and maintenance costs will decline by an estimated 20%. MCA has a professional faculty and staff, a strong and growing constituency and a Board that is increasingly capable, responsible and personally invested in the Crossroads Campaign. A Campaign Committee has been at work since the fall of 1998; $4,028,963 has been pledged as of 8/23/00; and payments of over $ 1 .9 million have been received on existing pledges. Included is a $200,000 pledge by an anonymous donor, contingent upon MCA reaching $4.8 million. MCA has identified additional major gift prospects totaling $2.5 million and expects decisions from most by year-end. J ' i i-./- i. ??V>. For the past eighteen months, MCA’s Board, staff and Building Committee have worked with Mr. Dayton to develop a program and plans for a new building. The initial design concept resulted in a building plan in excess of 32,000 sq. ft. with some special features that proved too costly upon a preliminary analysis and estimate by M. A. Mortenson Company. The design concept has been revised, and the building size has been reduced to just over 30,000 sq. ft. in order to bring estimated costs in line with the building budget and our campaign goal. Our Campaign Committee has been successful in its efforts to meet our campaign plan and timetable. We are working with Andrew Currie, of Currie, Femer, Scarpetta & DeVries, as our campaign consultant. Mr. Currie conducted a feasibility study in June 1998. On Saint Patrick’s Day in 1955, a young Minnetonka Center for the Arts (then Wayzata Center) faced its first crossroads. A fire at the Wayzata City Hall, the second floor of which housed the fledgling Art Center, destroyed the Center’s facilities. Undaunted, community volunteers found another temporary home at Wayzata High School the next day, and not a single class or program was missed. Today, MCA faces a similar challenge: it must build a new home to continue its programs without interruption, to continue expanding its programs and outreach in response to a growing and diverse interest in the visual arts, and to set the stage for another fifty years of service to the community. ^ "A / r IS nil \h\%!r r ii‘ m I- / $ __ .* NOUdtWC / - I \ ^ 1 '' I t:V- 'i*7 [/>. A I f Xfi ;i !! li!'t s ^•"s> tJ :a j ^ p ^ 5 i >• I tlf • t n*'' I I 11 ' ,iW II *^Hit l! I aMoa jop»f»»*»r R •ri*'u^u-L<r. /! •..X/ •j j-, A » TIki .5^ •imi * i i^ f-*~ ! I ! 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The design of the building shares many aspects with fine art; process, plane, form, color, balance, light, shadow, materiality, plasticity. The design decisions have been made with the processes of fine art as a guiding principle, and as a result the building will be a primary illustration of how art is created, and promote the ideas of creativity and artistic expression. The building should be an introspective, self*referential space, illustrating the strong sense of the community it serves, as well as the interdisciplinary nature of fine art. The Art Center serves a distinct community of artists, and a regional community of visitors that utilize the facility for social purposes. Additionally, fine art is interdiscipli nary in nature, and these two ideas together suggest a building that is not organized along a line, but is turned back in on itself, allowing for a sense of interaction and awareness of others' activities within the building. The 'U-shaped' building provides this opportunity, allowing fc: views into and across adjacent spaces. The building also surrounds a central courtyanr Town Square ’ of the Art Center, an overt expression of the gathering of artists, ^tLiderts, teachers, and visitors that are the spirit behind the Art Center. The spaces within the buiid^ shouid have ciose relationships with the exterior. There is a unique quality to living in Minnesota that involves outdoor activity at all times of the year, including winter. Therefore, each space in the building should have a complimentary outdoor space associated with it. Outdoor studios for each medium, allowing for a diversity in scale, material and lighting quality: outdoor dining for the caf6; outdoor exhibition for the exhibition gallery; and freedom for the Summer Arts Camp students. The connection to the land and the freedom of space associated with working outdoors will greatly enhance the experience of the Art Center. st'‘' Fine Art is s limitless endeavor. We have seen in the world of fine art that the creativ ity of the artist has no limitations. Particularly in the last 100 years, we have seen art incorporate all modes of thought, process, media, and artists have demonstrated that expression has no limitations. The Art Center is designed around a series of display areas that will be available to students and faculty. These areas are essentially blank canvases, capable of accommodating all types of media and all scales of work. The most visible of these is the Art Wall, located at the north end of the central courtyard. The Art Wall is a 28-foot high wall, capable of holding painting, drawing, sculpture, video, film, or nearly any medium an artist can conceive of The wall is at once a work surface for the artist, and a highly vis'ble illustration of the creative energy within the Art Center. DESIGN W^T' IJ-F , ( lor-F ) , .-10 , ( «r-r j ) J!v *«•-!•»•-•• O ©■ ECONO FLOOR PLAN I «r BtS 0 > s 11- itm MU Mi MotMI Pm •«! 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MMI ■UUMNO sccnoNt A-2D3 / ! -'V' / ' . '* tSi^»i3 ■•'ll I.'.’.': ■••'^.'f' I : .1 I I !%l - \ i • I O > !% ::^ o m iiS mi jflBSin I I! « IIi ■S' z o i KJ CD CD;om •nnm H Oo C/) Im •O 70o•D Oinmo 30 T K Z. 2 (/)c CD O P O5 ^ Im > M8 m CO O I 0 m o 70 O:dO*n m (/) ■n Ox» I If s ^ O JO > >om Application Date: 7/18/00 Deadline: 11/16/00 TO:Chair Hawn and Orono Planning Commission Members Ron Moorse, City Administrator FROM:Paul Weinberger, Zoning Administrator/Plannet DATE:September 14,2000 SUBJECT:#2604 Narrows Saloon - James Anderst 3380 Shoreline Drive Wayzata, MN 5391 Sitt Plan Review and Conditional Use Permit for Live Entertainment Zoning:B-1, Limited Business District Ust of Exhibits: A B C D E F G Application Location Map Property Survey Building Plan Standards for B-1 Retail Sales Business District City Council Minutes (7/19/00) Council Memo (7/10/00) Background: The Planning Commission tabled this item on August 21,2000 because the applicant was not available at thr meeting. Mr. Anderst had appeared before the City Council on July 24,2000 to request approval to proceed with the interior remodeling and restroom addition, which had been started. The restrooms are being expanded for handicapfy o accessibility. The Narrows Saloon is required to obtain a conditional use permit. The .onditional use permit would pemrit live entertainment and expansion of the floor area. The Council did vote to allow the remodeling to continue even though a conditional use permit should have been required before the building expansion began. The City of Orono had issued a building permit to allow additional remodeling of the Narrows Saloon which includes expanding the bar into the former Miimetonka Photo space, now vacated. The property is located in the B-1 Retail Sales Business District in which a Class II Restaurant is defined as a restaurant which serves intoxicating liquor or has live entertainment. Expansion of the building requires the owner to obtain a conditional use permit since Class II Restaurants are allowed by CUP. 1^2604 Sorrows Saloon - James Anderst 3S80 Shoreline Drive Sue Plan Review and Conditional Use Permit September 18. 2000 pag*-l ___..A •TslIiTCtlt] »avii ^uTiJlWlfTiJ •iinctim^ RTijMl^[infW ^.TiSi ftTtWtl WlI«RUi]riiiir«ii T^iwrrrinjriw •isiivfroivt •iMirtRiT^ lilmTO W* 15 liTt I rmuii ^rniTiWiI rticiKiiii liltKt riTilllV:U4tJ [•Vi u ni iVA iwuj niiin [iiRriiii^re •TTRr«niT*iw •TsTiTtI •IIIIRI rtiiutii itioit rtBCi [fmm ririw:iir«M« p:Wll iUtiiTimvA] ilRiriRlTv rt¥4«]P.lWi [•W1W«•iHini PTirF.l ^TlVcIiIil p.TiliK* •ir.Rrti [•]iRiT*¥h«[• IiTR • tliltliKswJ • ■•Til •jicfcVF. iRiti»nrc PT« n Vi nrnFFirt ■ ra «• *^¥•1 •RUtIt r«nu«¥€t •llliF.l ^riRTRTiTi¥«l (nm^rrm uic4uM4mr*\ r- IV. The new Snyder’s store, under construction, located across Shadywood has provided adequate parking for that use. Some overflow traffic during lunch hour at the Culver’s restaurant may use the Snyder’s site. There would be little use of the Municipal lot by customers from Culver’s and Snyder’s. UL Lighting No changes to lighting have been proposed to the exterior of the building. Sign Space In the B-1 district one s.f of sign space is permitted for each front foot of building frontage. The space being leased for the Narrow’s would allow this space to use 60 s.f. of signage. No single sign shall be greater than 50 s.f Mr. Anderst has stated they are in the process of designing a sign plan. The signage shall conform to Code requirements. Signage would likely be placed above the main entrance along Shoreline and a second sign would be located above the rear entrance towards the parking lot. Noise The City of Orono has adopted a noise ordinance. The primary concern with live entertainment is the noise generated by a live band. This property is not adjacent to residential property. Should live entertainment be approved for the site, loading and unloading of band equipment should occur at the rear entrance of the building to avoid blocking of any traffic areas. Interior design of the building should take into consideration the noise that is generated by live music from within the building. It may be appropriate to have a two door entrance so one door is alv/ays closed to maintain a low’ noise level outside the building. The doors should be spaced enough so one door closes before the second door is opened when entering or exiting the building. VL Hours of Operation The applicant has not provided hours of operation for the live entertainment. The normal hours for the tavern use are until 1:00 a.m. Applicant should provide hours the kitchen is open. Staff Recommendation The Code does not list specific performance standards for live entertainment in the B-1 district. Staff recommends approval of the conditional use permit and site plan approval for the Narrow Saloon based on the following conditions: 1. All improvements are subject to fire code standards. 2.Use of the building shall be limited to the hours as established by the Planning Commission and Council. •^^^2604 Sorrows Saloon • Jams Amiersi 3380 Shortlim Drtvs Sue Plan Review and Condiiional Use Permit September 18, 2000 page-3 3. 4. Noise shall be held to a level as to not be in violation of the Noise Ordinance. A two door system shall be used to not allow excessive noise when customers are entering or exiting the building. 5.The sale of intoxicating liquor requires the business have a valid liquor license with the City of Orono. 6. Any other conditions the Planning Commission requires of the live entertainment use of the property. Planning Commission Options for Action: t. Recommend approval of the preliminary plat and forward to the Council, with conditions. 2. Recommend denial, stating reasons. 3. Table, requesting further information and provide direction to the applicant. 4. Other Action. 1^2604 Sarrou's Saioon - James Anderst 3380 Shoreline Drive Sue Plan Review and Condillonal Use Permit September IS, 2000 page-4 • i Application # _ Date Received Amount Paid 2(^oV CITY OF ORONO - GENERAL LAND USE APPLICATION PROPERTY LOCATION Site Address___ ON , j. Type of Application to be Filed C.uP— R€s4y*OOW Property Identification Number (P.I.D.’l i7* 117*^ ^ W m i4iow\ APPLICANT Name Address nJ.\ >7q iC OWNER (ifdifferent tlm applicant) ^ /VNEK (It dinerent man anplicai Name /*X«t v\ Address y Phone (home ) ______ Phone (work) <77/ '3 City A Zip ^<^19/ Phone (home)_ Phone (work^ City Zip. Date Prope^ Acquired /9^9 I (do) (do^H^/^so own the adjacent parcels of land. FEES - CONDITIONAL USE PERMITS - _____$ 75.00 For each variance request with CUP application _____$175.00 Residential Accessory Use _____$250.00 Institutional (church, school, etc.) _____$225.00 Guest House/Guest Apartments _____$200.00 Duplex Credit/Bldg yC $300.00 Cormnercial/Industrial Use _____$250.00 Land Alteration ____ Grading and filling - designated wetland or floodplain ____ Grading and filling - 501 cu. yd. or more ____ Grading, seawall, retairung 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 OTHER APPLICATIONS $250.00 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) _____$350.00 Comprehensive Plan Amendment _____$100.00 Appeals Other - see Fee Schedule (month/year) ¥ CJ It* -r-»-^^r7~7 yy‘r r;8 STOftC UA>/^7IVJ *7 Fr V/t't'G'-'A'/.— ^ '/J^n0£!> ii^‘5 'I/'' u^/T TO cixy oF •ty ~lYlPT i:niV:.WAY IUCG/*'XOrr fZ€CC'iP£.P /••> ^ To CF^GllC^JO \ \ y r l^t^rro'^S' I ^0 SUoftEL/W£ PKW£ ?«s-f-roowi cim%ii(Ation 01 nc%% ]| And fOOi o< loikH jiiinii coiK. bH. wall \tt ini¥i%e(l b dio«yfi U hh J. a*-« rr I'lillioil ol ‘H- fillitl in nnf Mmctiif jl \jK*ri<ica!»om '(V/LLLLk'Ui^< . i*e itfiiciurat i'4inf«fing iilc Jlionf hit Jruction oi wall and ji toilet \u3tn%.y umtwdnor I / wall* Jii* *Im»v\h duik-d I ‘' "7 V.?- V-% IIi iVw inikiS A ofiiijl * %howfi I riqi. ftf%. 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Vllll* %% •H*IM • ll ••“I* *i^|iMr*<sl III v% ll•n•^% U.il*‘4l. ------------------------------------------------ -rm It \ Siv MiimiH J i-njtMKiiinn * »|K<dMalirin\imili^ien«a ^ iii‘u Iidiinimmtc|N.iif* >»l*t% Mil llM*l*H«ll \ \ O P u s: \vICt . It li-.J V 01.'.' ••'*•*<fr-.........—^ B.u/Reslour.inl J70 *. I. I v.r Ip‘o o OR I I o o onn 4Mv«iocM|it — JiM dor .%» . • - ‘ n* ■ V I i|iniii*.al * •.!• ••••• • ••- •*• 4. SI.IIV’ I I ^ 0 A? o oP ciLo Jo ?Hoto SPACE L SMal ca w*«al iianimit jf %\in<krw* Hi |ai4Wl |;laM m*ai ijl»li*%. IaIiIi** A woihs Ia Forme* s,^- Omm Iiaal i^hivnlij^ hm ..I * %|«n IIH a*Mim im i!i|if|5Haili<ions im <fc**»Kn i4 n. n In ffdlKt f4»»0>njpn «0 miAl t^ Lou* Wob' SPA «’l -»* ce §10.40 SEC. 10.40. B-1 RETAIL SALES BUSINESS DISTRICT. Subd. 1. Purpose. The "B-1" Retail Sales Business (District) is intended to provide a district for businesses that supply commodities or perform a service primarily for residents in the surrounding neighborhood. The district may adjoin residential districts or other business districts which are subject to more restrictive controls. The district shall have immediate access to adequate highways and public sanitary sewer. Subd. 2. Application. All applications for a building permit in any "B-l" Retail Sales Business District shall be reviewed by the Council and may be referred to the Planning Commission for review. Subd. 3. Permitted Uses. Within any "B-1" Retail Sales Business District, no structwe or land shall be used except for one of the following uses or uses deemed similar by the Council: A. Retail and Service Businesses. The following neighborhood retail sales and service businesses supplying commodities or performing a service primarily for residents in the surrounding neighborhood: 1. Arts and school supplies store. 2. Banks and insurance companies. 3. Barber and beauty shops. 4. Bicycle sales and repair. 5. Books, magazines, record shop. 6. Drugs, candy, ice cream, soft drinks, cosmetics and other usual drug store merchandise. 7. Dry cleaning and laundry pick-up stations including incidental pressing and repair. 8. Garden supplies, florist shop. 9. Gift or antique shops. 10. Hardware store, paint store. 11. Hobby shops, camera and photographic supply stores. 12. Jewelry shops and repair. 13. Laundromats. 14. Locksmith. 15. Music, radio, TV, appliance sales and repair stores. 16. Newsstands. 17. Office supply store, office machine store. 18. Pet shop. 19. Pipe and tobacco shops. 20. Plumbing, electrical, heating, housewares, furniture, carpet store, 21. Postal substation. 22. Real estate sales. ORONO CC 332 (4-1-84) 1 mam § 10.40 23. Retail food of all varieties and home supplies. 24. Sewing center and yardgoods. 25. Sporting goods store. 26. Tailor shops. 27. Temporary sales such as Christmas tree lots. 28. Travel bureau. 29. Variety store. 30. Wearing apparel store, shoe store. 31 . Off-sale Liquor Store ^ Source: Ordinance 29,2nd Senes Adopted: 2-23-87 32. Home and garden equipment rental. Source: Ordinance 152,2nd Series Adopted: 10-28-96 B. Municipal Buildings. Municipal buildings where the use conducted is customarily considered to bc an office use. Subd. 4. Conditional Uses. Within the '‘B-r' Retail Sales Business District no structure or land shall be u.sed for one of the following uses except by conditional use permit: A. Garages. For the servicing and repair of automobiles provided repair functions are totally enclosed in a building. B. Motor Fuel Stations. Subject to the provisions set forth in Section 10.61, Subdivision 18. C. Restaurants (Class I). Food is served to customer while seated at counter or table. Cafeteria - Food is selected by a customer while going through a line and taken to a table for consumption. Neither live entertainment nor intoxicating liquor sales are permitted m Restaurants (Class 1.) Source: Ordinance 67,2nd Series Adopted: 5-8-89 D. Restaurants (Class II). Fast Food, Convenience, Drive-in, and Liquor Store Restaurants. A restaurant where a majority of customers order and are served their food at a counter in packages prepared to leave the premises to be consumed; or a drive-in where most customers consume their food in an automobile regardless of how it is served, or restaurants which serve intoxicating liquor or have live entertainment. ORONO CC 333 (4-1-84) i §10.40 E. Off-Street Parking. Off-street Parking when the principal site of the off-street parking abuts on a lot which is (in) another "B" or "I" District and is in the same ownership as the land in the "B” or "I" District and subject to those conditions as set forth in Section 10.61, Subdivision 4 and such other conditions as found necessary by the Council. F. Public Services. Public service structures, including, but not limited to, electric transmission lines and buildings such as telephone exchange stations, booster or pressure stations, elevated tanks, lift stations and electric power substations. Personal wireless service and commercial broadcasting antennas and towers shall not be considered public service structures. Source: Ordinance No. 183,2nd Series Adopted: 2-22-99 . G. Nurseries. Day nurseries provided not less than 50 square feet of outside play area per pupil is available and fenced. H. Offices. Professional office and offices of a general nature. Source: Ordinance No. 172 Effective Date: 1-1-75 trAaten na Struetufc. One independent ant enna atnie ture, with ant enna w eembinati en of ant etaa atta ched thereto, subordinate to ahd serv icing the principal use-or stweture en the sa me let and customarily incidental thereto that is net attached to an other stnieture provid ed the height of the ant enna stmeture dees net ex ceed 6 5 feet and the antenna atm eture is set ba ck from any let line a distan ee at least equal to the total height of the antenna stnieturo: Source; Ordinan ce No.-177 EfFeetive-Dat e; 6-S-75 (Subd. 41 deleted per Ordinance No. 161,2nd Series, adopted 5-27-97) Subd. 5. Accessory Uses. Within any "B-l" Retail Sales Business District, the foUoN^ing uses shall be permitted accessory uses: A. Garages, Etc. Private garages, off-street parking and loading spaces, as regulated in this Chapter. B. Sigi.s. Signs, as regulated in this Chapter. C. Temporary Buildings. Buildings temporarily located for purposes of construction on the premises for a period not to exceed time necessary to complete said construction. ORONO CC 334 (4-1-84) §10.40 D. Landscaping. Decorative landscape features. E. Fences. Fences, as regulated in this Chapter. F. Incidentals. Any incidental repair or processing necessary to conduct a permitted principal use, provided that the incidental use shall not exceed 30% of the floor space of the principal building. G. Public Telephone Booths. Source: Ordinance No. 172 Effective Date: 1-1-75 H. Communication Reception/Transmission Devices. 1. Accessory Antennas. Accessory anteimas shall be limited to radio and television receiving antennas, satellite dishes, TVRO's, and amateur short-wave radio transmitting and receiving anteimas. Accessory antennas that are accessory to the principal use of the property are permitted access 3ry uses in all zoning districts provided they meet the following conditions: a. Height. A ground mounted r -cessory antenna shall not exceed twenty (20) feet in height from ground level. b. Yards. Accessory antennas shall not be located within the required front yard setback, comer side yard setback or side yard setback abutting a street. c. Roofs. If vegetation or obstmctions interfere with £-7.tellite signals at a location in any allowable placement area, the accessory antenna may be placed on the roof of any authorized structure on the premises. d. Accessory antennas shall not be located within a required yard or setback area or within dradnage or utility easements. Anterma towers shall be set back from adjacent property lines a horizontal distance no less than the maximum height of the anterma. e. Building Permits. A building permit shall be required for the installation of any accessory anterma requiring a conditional use permit- Building penmt applications shall be accompanied by a site plan and structural component data for the accessory anterma, including details of anchoring. The Building Official must approve the plans before installation. ORONO CC 335 (4-1-84) 1 %1 k ►'ri, Pt; § 10.40 f. Lightning Protection. Each accessory antenna shall be grounded to protect against natural lightning strikes in conformance with the National Electrical Code as adopted by the City of Orono. g. Electrical Code. Accessory antenna electrical equipment and connections shall be designed and installed in conformance with the National Electrical Code as adopted by the City of Orono. h. Color/Content. Accessory antennas shall be of a neutral color and shall not be used as signage. 2. Amateur Short-Wave Radio Antennas and Towers which do not meet the conditions for accessory antennas, may be allowed with a conditional use permit in all zoning districts provided they meet the following conditions: a. Height When an amateur short-wave radio anteima is mounted on an antenna tower, the total height of the antenna and tower shall not exceed 65 feet. b. Yards. Amateur short-wave radio anteimas and towers shall not be located within a front, comer side or side yard. c. Setbacks. Amateur short-wave radio antennas and towers shall not be located within any required setback area and shall be located no less than the height of the antenna and tower from the property line. Source: Ordinance No. 183,2nd Series Adopted: 2-22-99 Subd. 6. Area, Height, Lot Width, Setback Requirements and Design Requirements. A. Area. The minimum lot size shall be 20,000 square feet. B. Lot Width. The minimum lot width shall be 100 feet. C. Front Yards. The minimum front yard shall be 20 feet. D. Rear Yards. The minimum rear yard shall be 30 feet; side yard adjacent to "R" District shall be IS feet; side yard adjacent to street shall be 10 feet E. Setback i\f!q*iifcmcnts. No building shall be nearer than 35 feet to any front lot line, 35 feet from any rear lot line, 15 feet from any side lot line, 35 feet to side lot line adjacent to street; except abutting or across the street from an "R" District, no building shall be less than 35 feet from such lot line. ORONO CC 335-1 (4-1-84) ' ■ 1 A § 10.40 F. Fencing. Wherever a "B-1" Retail Sales Business District abuts an "R" District, along the side or rear lot line, a fence or compact evergreen hedge no less than 50% opaque nor less than six feet in height shall be erected along the abutting lines except within the required front yard. G. Building Design and Construction. In 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. (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 us^ 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. H. Drainage. 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 Surface 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. I. Height. No structure or building shall exceed 2-1/2 stories or thirty feet in height except as provided in Section 10.75. ORONO CC 335-2 (4-1-84) r'm MINUTES OF THE ORONO CITY COUNCIL MEETING MONDAY, JULY 24,2000 12600 BRIAN KERBER, Continued) PetersolNilated a hardship in her view is inherent to the land and not the need for additional storage sp:^ Mayor Jabbour commbi^cd he would like to see the properties in Orono be as uncluttered as possible. Sansevere moved, Jabbour seconded«to approve the variance to permit construction of a 2,160 square foot pole barn and a vamhiM to the street lot line for the property located at 740 Orchard Park Road, with the stipulation bbiqe that if the Applicant wishes to exercise his right as presently exists in the Ordinance to>qi»truct an additional shed, that building must comply to City standards, and with the undenHq^ing the Applicant will store his vehicle and trailer inside the newly constructed structurb>«^d further with the understanding that the existing two-stall garage will be relocated as far backsti^ possible. Jabbour commented in his view the hardship is based on the land and the his right to construct four structures on his property. ilieant relinquishing VOTE: Ayes 4, Nays 1, Peterson Opposed. Peterson stated in her view there is no hardship inherent with the land and that the Applicant shot be required to limit the siac of the building to 2,0011 square feri----------------------------------- («7) JAMES ANDERST-NARROWS SALOON, 3380 SHORELINE DRIVE-PERMIT REVIEW James Anderst, Applicant, was present. Weinberger stated the City of Orono has issued a building permit to the Applicant to allow the additional remodeling of the Narrows Saloon w hich includes expanding the bar into the former Minnetonka Photo space, which is now vacant. This property is located in the B-1 Retail Sales Business District in which a Class II Restaurant is defined as a restaurant which serves intoxicating liquor or has live entertainment. Weinberger stated the expansion of the building requires the owner to obtain a conditional use permit since Class II Restaurants arc allowed by a conditional use permit. The applicant has made a formal application for a conditional use permit, but would technically be considered to be an after-the-fact application since the owner was permitted to proceed fonvard w ith the remodeling and expansion of the restrooms. Weinberger stated the proposed expansion meets all setback requirements for the B-l District, with no change to the footprint of the building except for the small expansion to the restroom ar^. Weinberger stated the expansion to the restroom is needed in order to make the restrooms handicap accessible. Subsequent to issuance of a building permit. Staff detemiined that a conditional use permit is Page 6 P -4 L._ MINUTES OF THE ORONO CITY COUNCIL MEETING MONDAY, JULY 24,2000 (JAMES ANDERST, Continued) needed for the expansion project. The Planning Commission will review this conditional use permit application at their next meeting. The Applicant has requested that he be allowed to proceed with the remodeling and expansion. City Staff would request a letter in writing from the Applicant indicating that all work is done at the owner’s risk at this point since a conditional use permit is required. Weinberger stated the Applicant is requesting the City Council approve the continued remodeling of the Narrows Saloon prior to the August 21" conditional use permit review and prior to the issuance of the conditional use permit. Anderst stated he obtained a demolition permit from the City to tear a concrete wall out and erect a beam. Anderst stated he submitted architectural drawings to the City and obtained a building permit. Anderst stated he proceeded with the remodeling and requested a footings inspection and was told at that time that he needed to appear before the City Council. Anderst stated he was informed by tlie building inspector that he did not notice the new footings at the time he reviewed the plans. Mayor Jabbour stated it was his recollection that at the time the Applicant approached the City for a liquor license, he had indicated he wanted to remodel the structure. Jabbour stated the issue relating to live musie will be part of the conditional use permit, but the restaurant and bar license has been approved. Weinberger stated the Applicant is expanding into the vacant Minnetonka Photo space, and technically a conditional use permit is required. Weinberger stated any building permits to e.xpand the size of this building, requires City Council approval as part of a commercial site plan review, which is part of the conditional use permit process. Mayor Jabbour inquired why the owner is proceeding at his own risk since the City has previously granted a liquor license based on the existing plan and also a building permit. Weinberger stated the issue relates to the live entertainment. Kelley stated in his view the City has errored by not realizing the Applicant would be c.\panding the use of his business, which requires a conditional use permit, w ithout having a commercial site plan done first. Kelley stated City Staff should have realized at tlic time of the request for a demolition permit that the business was being expanded and that a site plan review was required as well as a conditional use permit to do that. Mayor Jabbour pointed out the Applieant is attempting to work with the City on this matter and that hopeflilly a mutual agreement can be reached. Kelley indicated as part of a commercial site plan other factors come into play, such as lighting, signage, and parking, which the Applicant should be aware of Kelley stated he has concerns that the City Council gives the okay to proceed forward with the remodeling without these other issues being addressed. Kelley commented in his view it is not proper for the Citv Council to proceed forward with this application without a site plan review and conditional use permit review. Page 7 i MINUTES OF THE ORONO CITY COUNCIL MEETING MONDAY, JULY 24,2000 (JAMES ANDERST, Continued) Anderst stated the building is not changing except for the four foot expansion to the restroom area. Anderst commented he is merely expanding into existing spaee. Mayor Jabbour stated in his view the Applicant is entitled to proceed forward with his remodeling project. Anderst stated the improvements have enhanced the neighborhood. Mayor Jabbour stated the Applicant will be required to meet certain conditions at the time the site plan and conditional use permit process arc reviewed. Weinberger stated the City Council will need to approve the Applicant proceeding forward with the remodeling project, noting the building currently is open and construction is undenvay. Flint commented since the Applicant is in the midst of the remodeling at the present time, it is difficult for the City Council to i,'U the Applicant not to proceed fonvard since City Staff failed to inform the Applicant of the proper procedure that needs to be followed. Flint reiterated the applicant w ill be required to meet certain conditions that arc nomially required as part of the conditional use permit. riint moved, Jabbour seconded, to approve the continued remodeling of the Narrows Saloon located at 3380 Shoreline Drive prior to the August 21,2000 Conditional Use Permit review and prior to the Conditional Use Permit being issued by the City of Orono, with the understanding the Applicant will be required to meet certain required conditions as part of the Conditional Use Permit process. Anderst inquired what t>pically is required with a conditional use permit. Mayor Jabbour stated the requirements var> from property to property and arc undetermined at this time. Mayor Jabbour stated there still is an issue with the live entertainment that will need to be further addressed. Kelley stated the kitchen may need to be brought up to code and other items such as lighting, signage, parking, and hours of operation will need to be review ed. Kelley expressed concern that he is being requested to approve this application without those questions being answered. Flint commented that the City Council is not approving the conditional use permit at this time but is merely allowing the Applicant to proceed fonxard with the remodeling. Mayor Jabbour stated the City Council in his view will not be able to deny the Applicant the right to continue to operate as he was in the past, but that any expansion of use w ill need to be reviewed. Jabbour stated the issuance of a building permit has triggered a number of requirements which w ill need to be addressed Kelley stated the amount of parking required for this business differs from the photo business that used to exist at this location. Page 8 I MINUTES OF THE ORONO CITY COUNCIL MEETING MONDAY, JULY 24,2000 (JAMES ANDERST, Continued) Andcrst commented lie experiences a number of people parking in the public parking lot that frequent Lord Fletchers. Sanseverc inquired what increase in capacity the Applicant is expecting with this additional space. Andcrst stated he is not sure at this time. Andcrst stated the total square footage of the building is 3,000 square feet. Sansevere inquired what the current capacity of the building is. Andcrst stated Code allows 15 square feet per person at the present time. Andcrst stated he is not aware of what that number is offhand. Kelley stated he is not tiying to be opposed to this project, but that the City needs to be careful about informing the Applicant that he will be required to meet certain conditions as part of this project. Kelley inquired whether the City Council w ould be in favor of closing this business down should the Applicant not be able to meet the required conditions. Mayor Jabbour stated in his view the City Council should not take that position since the City did issue a building permit to the Applicant and did not inform the Applicant that he needed to obtain a conditional use permit. Flint commented in his opinion it has been made clear to the Applicant that he will be required to comply with certain conditions as part of this project. Andcrst requested he be allowed to keep the live entertainment. Mayor Jabbour commented that will need to be discussed further. Jabbour noted he has received calls in support of the improvements from the residents in the area. VOTE ON ABO\X MOTION: Ayes 5, Nays 0. ORJCOUNCIL REPORT Mayor JabbouTTwte^hc will be meeting with the County Commissioners regarding the Dakota Rail to Trail project this wc( Mayor Jabbour stated the issues rclatmgsa.,^rrows Dock have not been resolved. Jabbour indicated he has discussed this matter withafSxvmfthc residents of this area who have expressed dissatisfaction with the parking. Jabbour stated a con5cn«us^\^ reached with the neighbors that this was primarily a personal matter and that the City shoulu^tiohqbly not be involved. Jabbour stated he suggested a meeting be held with all the owners of the dooc5t®4Q^o obtain first rights of refusal for the purchase of the dock lots by the ow ners of adjacent propcrtii Mayor Jabbour stated the issue relating to the additional water patrol was not meeting with Page 9 4 G REQUEST FOR COUNCIL ACTION DATE: July 19,2000 ITEM NO.: ^ Department Approval: Name Paul Weinberger Title Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description:Narrows Saloon - James Anderst 3380 Shoreline Drive Wayzata, MN 5391 Building Permit Review Zoning: List of Exhibits: B-1, Limited Business District A. B. C. D. Location Map Property Survey Building Plan Standards for B-I Retail Sales Business District Background: The City of Orono has issued a building to allow additional remodeling of the Narrows Saloon which includes expanding the bar into the former Minnetonka Photo space, now vacated. The property is located in the B-1 Retail Sales Business District in which a Class II Restaurant is defined as a restaurant which serves intoxicating liquor or has live entertainment. Expansion of the building requires the owner to obtain a conditional use permit since Class II Restaurants are allowed by CUP. Mr. Anderst has met with Staff and has made a formal application for a Conditional Use Permit to be reviewed by the Planning Commission on August 21,2000. However, he would like to continue the remodeling under the existing building permit that has been issued even though a conditional use permit should b^ve been required before the building expansion began. City files indicate no CUP has ever been issued for a restaurant on this property. The use has required a CUP in the B-1 zone since, at least 1967. Expansion of the facility into the former Minnetonka Photo space and a 4' addition to the bathrooms now requires a conditional use permit. Also, the B-1 district requires a commercial site plan review before a building permit can be issued. Normally a commercial site plan review has not been required for minor interior space remodeling, but this application involves expansion of the building envolope. Mr. Anderst has requested approval to proceed with the interior remodeling and restroom addition, which have been started. Tlie restrooms are being expanded for handicapped accessibility. The Narrows Saloon would be required to obtain a conditional use permit which has been applied for, but will not be reviewed by the Planning Commission until August 21,2000. The conditional use permit would permit live entertainment and expansion of the floor area. * Vi Request for Council Action continued Page 2 July 19,2000 Narrows Saloon_______________ If the Council permits the Narrows Saloon to proceed with the remodeling and expansion the owner shall provide a letter to the City of Orono stating the continued remodeling is at the owners risk since a conditional use permit is required for the building expansion and live entertainment. COUNCIL ACTION REQUESTED Motion to permit continued remodeling of the Narrows Saloon prior to the August 21 st CUP review and prior to issuance of the CUP. 3 TO: FROM: DATE: SUBJECT: Chair Hawn and Orono Planning Commission Members Ron Moorse, City Administrator Wendy Bottenberg, Assistant Zoning Administrator/Planner September 18,2000 ^2608 Philip and Karen Skoog 280 Tonka Avenue Variance — Public Hearing Zoning District: LR-IA One Family Lakeshore Residential District (2 acre) Lot Area: 23,750 s.f. (.55 acre) List of Exhibits A Analysis Worksheet B Application C Site Plan/ Survey D Views E Hardcover calculations F Photo of Property G Location Map H Plat Map I Property Owner’s List J Permit Record Pertinent Code Sections 1. Section 10.27, Subd. 5 (B): Front yard : The minimum requirement shall be observed for the front yard setback: 50 feet. To permit a 43 ’ setback to the property line to construct an attached garage 43' from the front lot line where 50 feet is required. 2. Section 10.27, Subd. 5 (B): Rear yard: The minimum requirement shall be observed for the rear yard setback: 50 feet. To permit a 39' setback to the property line to construct an 13.6’ x 18’ dining area 39' from the rear lot line where 50 feet is required. Application Summary: The applicant has applied for variances to construct an addition to the rear of the residence and a two stall attached garage with living space above it. The addition to the rear is a 13.6' x 18' dining area. The dining area will be constructed where the deck is currently located. The two stall garage is proposed to be 22' x 24’. It will be on the south side next to the existing one stall tuck under garage. The .55 acre property is very undersized for its 2 acre zoning district. In 1996 the applicants bought and combined to their property 90 feet of additional land to enlarge their property. Even with this additional property the lot is still significantly undersized for the LR-1A zoning district. • The dining area and garage additions will result in an increase of structural coverage on the lot to 2,342 s.f (9.9%) where 1,570.38 s.f (6.6%) exists and 3,562.5 s.f (15%) is allowed. • The dining area and garage additions will result in an increase of hardcover in the 500-1000' setback area to 3,153.18 s.f (13.3%) where 2,706 s.f (11.39%) exists and 8,312.5 s.f (35%) is allowed. #2409 Philip/Karen Skoog 280 Tonka Avtnue Variances^p. / 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. Structural coverage is increasing but still below the 15% amount allowed. 2. Hardcover in the 500-1000' setback area will be increasing but still below the 35% amount allowed. 3. The lot is significantly undersized for the LR-1A zoning district. The lot sizes in this neighborhood are more typical of those found in Orono ’s LR-IC districts. If this were in the LR- 1C zoning district (.5 acre), which is the size that most of the lots in the neighborhood are, the proposal would meet all the required setbacks. 4. The dining area and attached garage living area addition will not adversely affect adjacent properties. 5. The residence was built well before current zoning standards were adopted. 6. Docs the Planning Commission have additional issues or concerns with this proposal? Staff Recommcndatloa : Recommend approval of front yard setback and rear yard setback variances for a garage and dining area additions. ^2609 Philip/Karen Skoog 280 Tonka Avenue Variances-p.2 i b CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee S250.00 (S50.00 per each additional variance) Renewal Variance Fee SI50.00 (no change from original application) Variance for non-conforming structures $250.00 After-the-Fact Fees (Double application fee) Application # 0 2> Date Received fi'/io -Of) Amount Paid PROPERTY INFOg^TION . Site Address ‘t cnlOUC rvuuiwa________ __________f I --------------— -----------------—" Property Identification Number rPTB.") /Y . _ 1__1 j__if nrtf inrliidtfd on reouired sujAttach legal description to appUcation if not included on required survey. Date Property Acquired ----------------------------^(month/year) I (do) (do not) also own tb'^^djacent parcels of land. Present use of property: V^^esidendal ___pother (specify). Zoning District: 1 ^ -1 A___________________ \\ J i-PLICANT,, Name rl\i Address: A^O ~T Aw _ Phone fhome^ ^ ^ ____ Phone fwork^ ! 7 City: t/^v7<r^ HO Zip: OWNTR (if different than applicant) Name _____________— Address: ------------- Phone (home). Phone (work). City:,Zip:, description OF REQUEST ^ ^stimated ^ ^^ ITr te. ^ ^ (attach additional sheets if necessa A VARIANCES REQUIRED Lot Area ___Lot Width Setback: Front Side Hardcover Ul(ear Lot Coverage Average Lakeshore Other (specify) ^t^^ addiibn^sheetetf ^cessar^ n (U\ji^dAs^ ^ !^\KxJL 1 <*/•c' I • ‘ REQUIRED SUBMITTALS All ftf the following information must be submitted bv the application deadline date in order,for vour application to be considered complete; 1. 2. 3. 4. 5. 6. 7. 8. Completed Application Form Certified Property Owners List of owners within 150', labels and plat map (you must obtain this list, labels and map firom Hennepin County Department of Finance, A-603, Govt Center, 348-5910). Certificate of Survey (signed by a licensed surveyor) and include hardcover calculations as required. In addition, pro\’ide one (1) copy 8'/i" x 11" for reproduction. Topographic survey (existing and proposed elevations) if any changes in cjdsting grade are proposed. In addition, provide one (1) copy 8 ‘/a" x 11" for reproductioa Sketches or plans of floor & elevation views Q)rovide one (1) copy 854" x 11"). 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 applicatioiL Additional items as may be requested by City staff. The Applicant and Property Owner must sign this application. Please remember that your Yariance aPDlication is not comple te 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 Admimstrator, agrees to pay additional fees (staff time not covered by original fee payment) ud/or consultant expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. Applicant's Signature Date // OWNER’S SIGNATURE The owner hereby acknowledges 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 Signature ^Date i ^ JApplicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Plaiming 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 Biulding & Zoning Office of this change prior to the meeting. F 1 QJ % Cf c CD 1 DC • • • •• •• • rw** S89Vsr 1252S p >*iT -7 ■I < M »«• ^ c *• Existins ;^y. (Jora^c i!«> • • B. . •••*. :*..•Shtd r^isfifig -s •• •• Qi £ Ms^-»K /y------- □•1 t •' I ______► --A ■ b;y." •*. ■‘t.'. ’ • •'■ 'V- ••• w.' » ^ (l**r \ i I . IC » D . i *->hk- • •••/V . • •• .. S ¥i -■-w fruYv^ SrxouuOi 0(\ HARDCOVER CALCULATION WORKSHEET ^ SETBACK ZONE: (CIRCLE ONE) 0-75’ 75-250’ 250-500’ /^OO-IOOO' EMSTINO HARDCOVER IN ZONE A. House ____________• X Lea|^WU& X X X B. Gzrzgc • • C. Driveway •• • MS •* • *>*■ X * * I %'______ "X X D. Sidewalk X X E. Pado/Deck SiO. I F. Landscape Underlain By Plastic Or Fabric X X X O. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE - A cOnOlV +. B X100 ; A. House UuibI?X X X ■ wieei l3.0> 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 O. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY ABE A W20NE_ A it ♦ B . »»°0 1570-3^ S.F. S.F. S.F. S.F. S.F. iglQ' ' S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. (do S.F. \^no. 3% S.F. 9 S.F. S.F. S.F. S.F. ^10 S.F. S.F. S.F. S.F. \ A B S.F. S.F. S.F. S.F. S.F. S.F. SiSUl ^I6a /=?.3 S.F. S.F. 5S .A ;v_ ( •. r • • . <7* ^ #T# m:•A /"v SS3 i »?t! V'- - J re * -^:.i • •:I s' • ■M- y • > J-: j p s, >#L * .*. ^ ’’ * '*■ % [r»- ‘ ** ‘ . ♦. -’ '■ ' 'ji^- k, . ’. •* v» *. - -M '4 AT I-. i . ■ ’ '^'’^'EsS.43*^ ^•V- z .- . ': , . : ' • • *• ■ J ‘ •.* ^ • ' •- ;>. 4Q0 VrOOOHjkVfN 0 ORONO WtAACm COPfll* vi« 01 HIGH EILEEN ST SCHRSTINE OR S tt w*. ' » • ^ I EASTU^ • • • • • , » ▼ ••• ■ I **. »* "Stubbs c I. . • ••. i ELM,Jin BAYS I BAY *• *• / DAHL BO "0 0 thorough ELM MAF LI RED f/tjtojj? a SOMERSET 4^cryooo oe«BJ!2 BEBO Bay ®ii, oiUMra o FOINT 5 \U sr«\rPi f t Crystal • • • Bay 1 OEVINU L0N6V1EYV Cn AamSOON VAT ORO FRENCH LAKE BO Frtnch 7 U Lake ORONC *V*I 1600 Bo> i: ,: Bohns Point I Crystal Bay • • • O^ll^ Lafayet Country C|ub \.j \ • • • V; •.•••* . V’. . : os-m-A 3 ■MW RUN DATE •t/A7/0«HENNEPIN COUNTY PROPERTY XNFORHATXON SYSTEN PROPERTY OWNERS LIST REPORT NO. PXASSARl PAGE 1 RATCH SRI PROP AMR OWNER NAME TAXPAYER NAHE/AODR St ts-ii7-2S IS tixa M29S TONKA AVE N t R SCHNITZ HENRY 1 ROSIE SCHHXTZ 2RS TONKA AVE LONO LAKE HN S5SSA St IS-llT-ES IS 0029 OOOSt ADDRESS UNASSIGNED ESTHER H AMXSON ESTHER N AMISON SSG2 RAYSXDE RO LONG LAKE HN S5SS0 St 0S-I17-2S IS OOSO OS400 DAVSXDE RO D t S ESTERS DANIEL S SAMRA ESTERS S400 lAYSXOE RO LONG LAKE HN 5SS50 OWNER NANE TAXPAYER NAME/AOOR St 05-117-2S IS OOSO 002AS TONKA AVE NARY KAY NCCARTY NARY NCCARTY 29B TONKA AVE LONO LAKE HN S5SSA St 0S-117-2S 14 0020 00245 CRESTVXEW AVE GARY F ROLL II GARY F GOLL II 24S CRESTVIEW AVE LONO LAKE HN S5S54 St 0S-117*2S 14 0021 002S5 CRESTVXEW AVE HXCHAEL L NCCALL NXCNAEL L NCCALL SS40 PIPER RO NOUNO HN 55S44 PROP AOOR OWNER NANE TAXPAYER NANE/AODR St 05-117-2S 14 0022 0024S CRESTVXEW AVE JOHN C HOROAN JOHN C NOROAN 205 CRESTVXEW AVE LONO LAKE HN 5SS50 St 05-117-2S 14 002S 00275 CRESTVXEW AVE HAROLD R HANSON ETAL HAROLD R HANSON 275 CRESTVXEW AVE LONO LAKE HN 5SS50 St 0S-117-2S 14 0024 00205 CRESTVXEW AVE NARK R LARSON NARK R URSON 205 CRESTVXEW AVE LONO LAKE HN 55550 PROP AOOR TAXPAYER NANE/AODR St 05’117<2S 14 0025 00205 CRESTVXEW AVE NARK R LARSON NARK R LARSON 205 CRESTVXEW AVE LONO LAKE HN 5SS50 St 05-117-25 14 002S 00250 TONKA AVE GERALD L IRXGGS/XRENE 5RX6GS GERALD t IRENE BRIGGS 250 TONKA AVE LONG LAKE HN 5SS50 St 05-117-25 14 0029 00250 TONKA AVE S A OLSON SKA OLSON STEVEN A B KELLY A OLSON 250 TONKA AVE LONG LAKE HN 55550 TAXPAYER MNR/AOOR St 05-117-25 14 0050 00515 CRESTVXEW AVE 0 S t J N PUXSTED DAVID S 1 JOY N PLAXSTED SIS CRESTVXEW AVE LONO LAKE HN 55550 St 05-117-2S 14 OOSl 00S25 CRESTVXEW AVE WXLLXAN L SULLIVAN WXLLXAN SULLIVAN 8417 REGENT AVE N RIOS BROOKLYN PARK HN 55445 St 05-117-25 14 0059 00S40 TONKA AVE BRAD D PETERSON BRAD D PETERSON S40 TONKA AVE LONG LAKE HN 55550 4 < ■' TAXPAYER NANE/AODR St 05-117-25 14 0001 00280 TONKA AVE PAIRS SKOOO PHILIP t KAREN SKOOG 200 TONKA AVE LONO LAKE HN 55550 38 05-117-2S 14 0002 OOSSO TONKA AVE W L BAERT/S E'SPEER W L BAERT/S E SPEER S50 TONKA AVE* LONG LAKE HN 55S50 TOTAL BATCH SOI 00017 cP5^C ^trn kCf< PERHIT RECORD Permit No, 90 _ _ Date S'- Type of Permit s^tjpy'riaA/_______ //’)'5 -fee OumP nao/no^ S>GO ~7')-)U ‘1-^-8 5 Law ii (e?^-9 7 r« ••• « * -l».a><a» V M •«■ «••«••* • ^ •••«» •••• •• U .• . 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'- $ ,»• •' • .. . ^ ..*•.«•. . . t * * • « » ‘ • * * • 9 m • • #4• • a . • • a aa . • • a * • * • a • a . * a a . * ' •* - ... «r • - . . ‘ . ..• .'*..' ... * * .1.’ e ••^ • • ,' *. . . . . ... ^ ... . ^ ^ • . ^ •. • • a . . . » . . ... • a • a • , ^ . . a * 'a a. a« «*-4 aa- •a a •• * •. . * " • — • • « . * • 1 ^n4l . : .U.- . . 1 TO: FROM: DATE: Chair Hawn and Orono Planning Commission Members Ron Moorse, City Administrator Wendy Bottenberg, Assistant Zoning Administrator/Planner September 18,2000 SUBJECT:#2609 Alan and Maxine Opheim 1985 Fagemess Point Road Variance — Public Healing Zoning Dbtrict: LR-IC One Family Lakeshore Residential District (1/2 acre) Lot Area: 13,883 s.f. (.316 acre) List of Exhibits A Analysis Worksheet Application Site Plan/ Survey Topographic Map 1981 Fagemess Point Road-Adjacent property to north Views of porch Photo of Property Location Map Plat Map Property Owner’s List Permit Record R C D E F G H 1 J K Pertinent Code Sections 1. Section 10.22, SuM. 1 (B) and Section 10.56, SuM. 16 (CK6): Average Lakeshore: The average lakeshore setback line shall be a straight line connecting the most lakeward protrusions of the residence buildings on the immediately adjacent lakeshore lots. To permit a variance to encroach 73' into the average lakeshore setback. 2. Section 10.25, Subd. 6 (B):Side Yard: The minimum requirement shall be observed for the side yard setback: 10 feet. To permit a 6.9' setback to the property line to construct a 12' x 18' three season porch where 10' setback is required. Application Summary: The applicant has applied for variances to change an existing concrete patio to a three season porch. The three season porch will be constructed on the existing concrete slab which is located 6.9' from the side lot line where 10' is required. The existing concrete slab and proposed three season porch is located approximately 80' from the OHWL and encroaches into the average lakeshore setback by 73'. The three season porch will not alter the views of the adjacent properties. The property to the north is oriented to have lake views to the east rather than the west. The topographic map (Exhibit D) and survey of adjacent property (Exhibit E) shows the rise in the land and a guest house that obscures their view of the lake to the west. The three season porch will increase the structural coverage on the lot to 2,074.5 s.f. (13%) where 1,858.5 s.f. (11.6%) exists and 2,396.25 s.f. (15%) is allowed. #2609 Alan/Maxine Opheim 1985 Fagemess Point Road yariances-p. I J The three season porch will not result in an increase of hardcover coverage in the 75-250 setback area. Proposed is 2,535.4 s.f. (24.1%) where 2,535.4 s.f. (24.1%) exists and 2,625 s.f. (25%) is allowed. The City of Orono Building Official reviewed the proposal, inspected the concrete slab and verified that frost footings will be built under the slab, therefore the three season porch can be built on it. 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. iMueg for Consideration; 1. Structural lot coverage is increasing but still below the allowed 15%. 2. Massing is not an issue in this proposal in staffs opinion. The three season porch is approximately 80' from the OHWL and is located on the lakeside of the residence. The adjacent property to the north lake view is directed to the east. The topographic map shows the property to the east rises and really does not have a view of the lake to the west, therefore it will not be adversely affected by the porch. 3. The 10’ setback may interfere with the existing patio door since the proposed panel design is in 4' increments. 4. A 1 O' setback will yield a 9' wide porch which would be less useful than a 12' wide porch. 5. The hardcover in the 75-250' setback zone is not increasing. It will remain at 2,535.4 s.f. (24.1%). 6. The residence was built well before current zoning standards were adopted. 7. The only variance requested and granted for this property was in 1977 for remodeling and an addition to the existing residence. 8. Docs the Planning Commission have additional issues or concerns with this proposal? Staff Recommendation Recommend approval of average lakeshore and side yard setback variances for the three season porch. U2609 Alan/Maxine Ophelm 1985 Fagerness Point Road Variances-p.2 4 ANALYSIS WORKSHEET i Lot Area: LR-IC Lot Area Required 21,780 s.f. (.5 acre) Actual 15,975 s.f. (.366 acre) Structural Coventyc: Hardcover Calculations ; Total Lot Size Total Structural Coverage 15,975 s.f Allowed: 2,396.25 s.f (15%) Existing: 1,858.5 s.f (11.6%) Proposed: 2,074.5 s.f (13%) Distance from shoreline Total area in setback Allowed hardcover Existing hardcover Proposed hardcover 75-250’10,500 s.f 2,625s.f (25%) 2,535.4 s.f (24.1%) 2,535.4 s.f (24.1%) 3 Application U Date Received S'SI ("CO Amount Paid ^,^50_____ 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) PROPERTY INFORMATION Site Address Property Identification Number (P.l.D.) 1^-117-7.^ 000^ Attach legal description to application if not included on required survey. Date ProgCTty Acquired ____________________^(month/year) I (do) n^ also own the adjacent parcels of land. Present use of property: X" residential Zoning District: Llc-iO__________ other (specify). Phone (home ) ^39^ ^ ___ _________ ,___________ Phone (work ) *V7S Address:/^JPr/=??<&r>gA/4rys pr. /gq City: UAyjZA'r/i Zip:5'g3y APPLICANT <. _ , /QcName OWNER (if different than applicant) Name ___________________ Phone (home). Phone (work)_ 'Ql Address:City:.Zip:.=tl= DESCRIPTION OF REQUEST Estimated Construction Cost $ 2.0t^oO Describe request in detail: 3 ^S'gvfSgAy Ah/t.c^N ______njQ e'xisrr/t>/<» CLoAJC.i9.mm ^ (attach additional sheets if necessary) VARIANCES REQUIRED Lot Area Lot Width Hardcover Lot Coverage Setback:Front X 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: 2?/f*sc*___ £,j/Js /A/sn4cc.cro ^ I A/rgr?— \ UJTthiJ -------- (attach additional sheets if necessary) \ REQUIRED SUBMITTALS All nf the fnllnwino information must be submitted bv the application deadline date in order for vour appikation to be considered complete; 1- X 2. 3. 4. 5. 6. 7. 8. Completed Application Form Certified Property Owners List of owners within 150', labels and plat map (you must obtain this list, labels and map from Hennepin County Department of Finance, A-603, Govt Center, 348-5910). Certificate of Survey (signed by a licensed surveyor) and include hardcover calculations as required. In addition, provide one (1) copy 814" x 11" for reproduction. Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed. In addition, provide one (1) copy 8'/j" x 11" for reproduction. Sketches or plans of floor & elevation views (provide one (1) copy 854" x 11"). 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 your 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 expenses incurred in review of this application, and certifies that the information supplied is true and correct to the^st of ms/her knowledge. Applicant's Signature 5^Date OWNER'S SIGNATURE The owner hereby acknowledges 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^^rificatidn of this request. Owner's Signature Date Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, ple^ arrangements to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. Mi o ■ r 1 v:r- \ •' •r -*-■; •. _ ■1 - , * Iff 1 : V^ ;V !•! >• •C(tf|l««i« l»l*f |»f ••rtM»rtl«r l| (• tM tfe«rt II*# mt i««» Ria»«lM«« •» If t«*ff «i «nc l«i ]. #*c l•clMI•f t*a «c(trr«»*t i» iti« Itt ) lfl*« •••Ifttfllrrl| i* a liat »■*(• It Rarallai • tifc *r»i lr»» *1 *.» »•!» ikt J ttlott* d# »*1 la ia» taart *1 ifit f* IM ••rtar««trrl. #«< *#•? I .1 ■WOS03 MIUM«AW«L RwRiaw^wif <aai»w IT »««• ?UMmvmM.wc. 7SSinS!r n9-/A ' 'C2*_aaA. ALA.V /. OPA/a/Af ■ i ■t •. f .V jp M ■lURai '!u* ^ I '•'.V ;•• . 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V . . .•■ \ ;. . sv, v.‘ k,r,. .:• /® N Skogsberg Point S 5 \ ^ X M '»Rm/woo^r-5v. 600 /jo/i. V ORONO /Irm ?*4 • r .• .•• ' * • •*• *•;. \R0RTiy / V. Ao9.\ r Crystal Shadnood Point DEERINO ISLAND ... Fagermss Point K ■■uoo \ i*mo«uiiFi .SPRINGV.----- VO 3 ixgfl ••NIMI SsCSWflK' |!z40(| ^ u ny ■gKJ* Jwiatng ■-----IcRTtTAk oaczBaidcag IfMC 7 ^Spring f fltta •• ISli 14NAMMIU >AWinaT Park tHOMUlI 8 V \ r Hh ■ K I i f - if% (O',oy 3 r *4 i r I’* iilim ^ < I* 5-3 3 0^ M M 9n H »• iiSs N Si 1 1 NS Wi M -4^33,s ** »K “3M I M ^ M IM H m M ~n S2 s 3:9s 8 S u« u ir-^t.;* Vi .f: X 83il *Mg m8 SJ^-^aSM r?r*2 • 038 M X > 3 8 ^ SJ3*S^ UM/IMftll U Mui j S 0 ^ 1# O > (/tM M M f ^ S 3 M S S8M f«i m 3ac!® s*||35 m ^5r^P *1*2*8? iVi r* M 3 m M WI t* 3 ? C 8 *1* "I *?3Sr- M w 8 < 3 3 M M 3 3 H 3 M ill 8 88 S.m ®r 8 83"H 8 sr|« :»:ISi S3 8 T I I 83 H 3 m 3 8 3 S n ■r PERMIT RECORD Pernit No. 5o £> 1 ‘9bin p ^^•63? Date //_ i^-Oc ~J~i //- f'7-7 c2-^0-5>S* /o 1"^ (o ' ^^7 Type of Permit yyy LOy^ j2r- juAa^ uk^ II r‘r I. . k‘ 7 Application Date: 8/21/00 60 Day Deadline: 10/20/00 TO:Chair Hawn and Orono Planning Commission Members Ron Moorse, City Administrator FROM:Paul Weinberger, Zoning Administrator/Planner DATE:September 13,2000 SUBJECT: #2610 Jerome J. Hall 80 Leaf Street After-the-Fact Variance — Public Hearing Zoning District: Lot Area: RR-IB One Family Rural Residential District (2 acre) 36,625 s.f. (.84 acre) Application Summary: Applicant requests approval of an after-the-fact variance to permit replacement of a deck within the 75' setback to a protected tributary. The applicant has stated the preexisting deck was not safe and needed replacement. In July, 2000 it was observed the deck was being replaced without a permit. The deck has been about 50% completed and is constructed larger than the deck that was removed. Preexisting deck = 174 s.f. Replacement deck = 244 s.f. * Approximately 25 s.f. of the replacement deck is outside of the 75* setback. List of Exhibits A Application Plat Map Site Survey Project Photo Site Topography Property Owners Notification List B C D E F Pertinent Code Section 1.Section 10.56, Subdivision 16 (L) (1) prohibits hardcover within 75' of the ordinary high water level (OHWL) of a tributary. Analysis Air photos indicate the preexisting deck was constructed sometime between the mid 1970's to the early 1980's. The City does not have a permit on file for the deck. The replacement deck would include two areas that were not part of the original structure. Please refer to the site plan attached as Exhibit C. At its’ closest point, the deck would not encroach nearer to the protected tributary than the old deck (48' from the OHWL). 12610 Jerome J. Hall 80 Leaf Street After-the-Fact Variance - Public Hearing Page I 1 j if A deck would continue to provide a landing for a sliding glass door located at the rear of the house. The additional 6' at the south end would not be required for access to the door. The closest the added 6' would encroach to the tributary is 70' where 75' is required. Hardship The applicant has included his hardship statement as part of Exhibit A. The original deck would have been constructed prior to the adoption of the Shoreland Ordinance. The Shoreland Ordinance applies to non-lakeshore property. Section 10.22, which is the ordinance that regulated hardcover prior to 1992, applies only to lots zoned Lakeshore Residential and only to lakeshore properties. The applicant ’s property is zoned RR-IB and is not a lakeshore property. Staff Recommendation Staff makes the following recommendation: To approve the variance application to permit replacement of a deck and adding 6' to the size of the deck based on the following finding: 1.A deck has existed for many years in the location of the new deck. The additional 6' of deck would be located 70' from the lakeshore and partially outside of the 75' setback. 2. The house and deck were constructed prior to the adoption of the zoning ordinance. 3. The deck would not encroach closer to the creek than the preexisting deck. 4.The deck is located on an area of the property that is generally flat and does not slope directly to the creek. This condition allows for surface water to infiltrate into the ground better than ' property with varying topography. m: Options for Action: 1. Recommend approval of variances. 2. Recommend denial of variances, stating reasons. 3. Table for additional information. 4. Other action. i2610 Jerome J. Hall 80 Leaf Street After-the-Fact Variance Page 2 •• Public Hearing ANALYSIS WORKSHEET Lot Area : LR-IB Lot Area Required 2 acre Actual 36,625 s.f. (.84 acre) Structural Coverage ; Total Lot Size Total Structural Coverage 36,625 s.f.Allowed: 5493 s.f. (15%) Existing: 1,733 s.f. (4.7%) Proposed: 2,003 s.f. (5.4%) Hardcover Calculation ; Distance from Total area in Allowed Existing Proposed shoreline setback hardcover hardcover hardcover 0-75*11,150 s.f.0 s.f. (0%)462 s.f. (4.1%) 507 s.f. (4.5 %) *2610 Jerome J Hail SO Leaf Street After-tbe-Fact Variance Pages ~ Public Hearing A Application # I 0 Date Received S'- Z l>On Amount Paid 2SG 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) PROPERTY INFORMATION Site Address Property Identification Number (P.I.D.’l <r •/^ ^ — Attach legal description to application if not included on required survey. Date Pro"^ Acfluired ^ ___________^(month/year) I (do)_ ^ also own the adjacent parcels of land. Present'usc^f proMrty: residential ___pother (specify), Zonins District: ___________________________O APPLICANT Name y<:‘c n j-U' Address: i-a r j y Phone (horned - v^75 - ^"6^ i> ____ Phone (work) _______ rity ! jtu Zip; .^sr 3 *1 OWNER (if different than applicant) Name _________________' Phone (home) Phone (work) Address:.City:. DESCRIPTION OF REQUEST Estimated Construction Cost $ Describe request in detail: f{ L a. i ^ f's TFiLm'—(<^ (attach additional sheets if necessary) VARIANCES REQUIRED Lot Area ___Lot Width Hardcover Lot Coverage Setback:Front Side Rear AvCinge Lakeshore Other (specify) HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITI- /.^i Describe undue hardship or practical difBculty or wusual property condiuoM preventing compliance with Zoning Code requirements:_j2^C gvi <V £ rf r\ ^ -fa <^<40^1^^ cr •<- ------------------------------------------------------- (attach additional sheets if necessary) h ' U O B I 3 L I IMMai no >IOUV3U3adS iNVld SMI iVHi AJXM13 A8SI^I 1 HOddUXy}31VQ INOSIAai / » • *8)UdUll|300J3U9 JO 8)UdUU9A0jdlU{ JOtHO Xuo MOqS 0^ )jodjod )ou S90p )i uoojam >|Ddp pasodojd o jo uoj)ooo| posodojd puo *>i09p puo 'psi^s 9$noi( 6 ui)8 ixo uo )0 u0!)090| 814) *X)j8d0Jd pDquosop 8Aoqo aq) jO saijopunoq aq) Moqs O) 8pu8)U{ XaAjns siqi *ain)op paujnsso uo uodn pasoq ajo UMoqs 86ujJ08g ja>|ioiiJ uojj 6a)ou8p : o ‘0]0S9UU!M ‘Xjunoo uidsuusH *S3|1!1 jo joj^siSoy jo sa|ij ‘if^L ’®N XsAjng puoT *v pojx ; S3SIW3yd JO NOIldiyOS3Q 1V031 00X92 iS3M VilL V X •• , if * ■ 0>IS ^ 5; OlTVl 7»ip X 12?: 3snoH »J0 OMiSBQv.^^ V-♦n.IJtP SMISOG t VJ.0S3NNIW 'AiNnOO Nlc^3NN^^: ttz ’ON 'S’Ty ‘V iovai jo 11VH A31dlHS aoj A3Ayns jo sivouayso if-’^ W-fTf. vlf 1 \y - D (C.'aI t. " r^: , ■ ' •■. - ^ I' -'O vc.A«{iifii2la .."-Ml ■.‘*’h, .-v.J-n - .''. . • > mw^':■ f‘ <f2a@s ;r. 0..:v ' f^,'j ''jff* VjfP> ‘ ^ it % m% B iUN DATE •7/Sl/f9 ■ATCM SEE HENNEPIN COUNTY PROPERTY XNFORNATION SVSTEH PROPERTY OWNERS LIST REPORT NO. PXASSAtl PAOE S OWNER turn TAXPAYER NAHE/AOOR 58 8A-117-2S EE tIES ESiES WATERTOWN RO T C RITTER E K S RITTER TNONAS C I KALLX S RITTER SIES WATERTOWN RO LONG LAKE HN SS55A EEEASi EA-117-E5 EE EEEEE LEAF $T JERONE J HALL JERONE J HALL OE LEAF ST LONG LAKE HN 5SS5A SO E4-II7>ES EE EEES EEllE LEAF ST H S E K J ORONKRO HARK S MONiERO HE LEAF ST LONG LAKE HN 55SBE OWNER WANE TAXPAYER NANE/AOOR SO EA-117-ES EE EEE7 EEEES CYGNET PL D C • A L SHAU6HNESSY DAVID E ANN SHAUOHNESSY ES CYGNET PL LONO LAKE HN S5S5E SO E4-117-ES EE EEEO EEEES CYGNET PL R I Y HOFFATT YVONNE HOFFATT ES CYGHET PL LONG LAKE HN SSSSE 30 E4-117-ES EE EEEO EEE8S CYGNET PL / G J EHALT ETAL GREGORY J EHALT 1E5 CYGNET PLACE LONO LAKE HN SSSSE PROP AOOR OWNER NAHE TAXPAYER NAHE/AOOR SO EE>1I7-ES EE EEXE EEIES CYGNET PL . 0 J EHALT ETAL yX GREGORY J EHALT lEB CYGNET PLACE LONO LAKE HN SSSSE SO ES-117-2S 11 EEEl ESSES WATERTOWN RO C 8 A RHAHE CARL P RHAHE SEES WATERTOWN ROAD LONG LAKE HN SSSSE EEESSO ES-117-ES 11 EEEES LEAF ST E C ORAHAH JR ETAL E C GRAHAN JR ES LEAF ST LONO LAKE HN SS^SE PROP AOOR OWNER NAHE TAXPAYER NAHE/AOOR TOTAL OATCH SEE EEEEE X CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF XNFORNATION AS XT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTHENT OF PROPERTY TAXATION, TO THE REST OF NY KNOWLEDGE AND RELIEF. DATE 0 •) t: •I \'n g Application Date: 60 Day Deadline: 8/23/00 10/22/00 TO:Chair Hawn and Orono Planning Commission Members Ron Moorse, City Administrator FROM:Paul Weinberger, Zoning Administrator/Planner DATE:September 13,2000 SUBJECT:#261 IMarlys McCarty 225 Tonka Avenue Easement Vacation - Public Hearing Zoning District:RR-IB List of Exhibits: A B C D E F G Application Description of Request Property Survey Utility Map Plat Map Resolution 1619 (Vacating a portion of Brook Street) Property Owners Notification List Pertinent Code Section: 1.Section 10.12. Easement Vacations. Application Summary: The applicant has requested vacation of adrainage and utility easement located thru the center of the property. A 20* X 100* portion of Brook Street on which the detached garage is currently located was by the City of Orono in 1984 per Resolution No. 1619 (attached). A condition of the var^ion was that the property owner grant to the City a Utilities and Access Easement over the northerly 15' of the vacated Brook Street, for future use by the City. It is this easement the current property owner has requested to vacate. The property owner has recently acquired the property north of the vacated Brook Street. The property owner has stated the current location of the easement is an obstacle and deterrent in plans to improve the property. The applicant would like to construct an attached garage to the existing house. In exchange for the 1 S' easement the property owner would provide an access and utility easement over the south 15’ of the property. The new easement would make it possible to provide sewer service and access if the lot to the west ever required the access. The lot to the north and west has access around the applicant ’s property via the platted right-of-way beginning at the north end of Tonka Avenue. According to the sewer maps a stub was made available about 100* north of TorJea Avenue to provide ser'ice to the property north and west of the applicant ’s lot. i26l IMirlys McCarty 225 Tonka Avenue Easement Vacation - Public Heving ] r A 25 ’ section of Brook Street west of the Tonka Avenue/Brook Street intersection was not vacated in 1984 to provide access to the north lot. This lot eventually went tax forfeit before the current property owner acquired the lot and combined it with the 225 Tonka Avenue lot. To vacate an easement a finding must be made that no public purpose exists for the easement. The relocation of the utility and access easement would still allow the property to the west access and sewer connection. Providing access to ti.e north lot would no longer be required since it has been acquired and combined with the applicant’s lot. The City of Orono has not received comments from all agencies (phone, cable, gas, etc.). Written confirmation from ?ach should be received before a final determination on the request is made. The Planning Commission could make a recommendation of approval with the condition all utility companies have agreed to the vacation and relocation of the easement. Staff Recommendation; Staff recommends approval of the easement vacation and relocation to the south IS' of the property subject to the condition the City of Orono receives confirmation that all utility companies have agreed to the easement relocation and the new easement is granted in favor of the City of Orono prior to recording the easement vacation. Options for Action; 1. Recommend approval. 2. Recommend denial, stating reasons. 3. Table. 4. Other action. #2611Waflys McCany 225 Tonka Avrnuc Eisemciii Vxation - Public Hcarinf . ,1 ,1^mti 1 /I Application #Z(fll Date Received 23^06k^ed Amount Paid '2.00 CITY OF ORONO - GENERAL LAND USE APPLICATION PROPERTY LOCATION ^ ^ . Site Address_________<=>co<0 JOy\KO. __________ ______________ Type of Application to be Filed h^Cei-A'ot^ b-r Property Identification Nimiber (P.I.D.) /)S // ~7 / /) APPLICANT . Name A1A/^L</S /hoCMD^ Address 5" Tb/vf/4 >41^; Phone (home l 9>5‘f^~yoy-^fTe3 O _______ Phone ^vork) / . City Oitohic________Zip JT^A S6 OWNER (if different than applicant) Name _____ Phone (homeX Phone (work)_ Address City Zip. Date Property Acquired I (do) (do not) also own the adjacent pjaSelsof (month/year) land. FEES - CONDITIONAL USE PERMITS - _____$ 75.00 For each variance request with CUP application _____$175.00 Residential Accessory Use _____$250.00 Institutional (church, school, etc.) _____$225.00 Guest House/Guest Apartments _____$200.00 Duplex Credit/Bldg _____$300.00 Commercial/Industrial Itse _____$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 1 PRD/PID - see Fee Schedule $150.00 Renewal Fee (no change from original application) After-lhe-Fact Fee - Double Current Application Fee OTHER APPLICATIONS $250.00 Commercial Site Plan Review (+ consultant fees) g. $300.00 Vacation A $200.00 Easement Vacation _____$100.00 Easement Vacation With Subdivision _____$350.00 Rezoning (PUD - refer to fee schedule) _____$350.00 Comprehensive Plan Amendment _____$100.00 Appeals Other - see Fee Schedule i . \ 225 Tonka Ave Orono, MN 55356 Name of Applicant and Owner Marlys Rae McCarty Single Description of Request Relocation or vacation of current easement, for potential use of utilities. I am requesting that the current utility easement, for potential use of utilities, 15 feet wide, over a vacated road, to be moved to the south edge of the property line or vacated completely. In reviewing the sewer layout and ordinances regarding subdividing it does not appear that an easement is needed in anyway. The current location of this easement is a huge obstacle and deterrant in plans to improve my property. I purchased an adjacent tax forfeited property and the two properties have been combined. The easement cuts through the middle of the newly acquired property and inhibits options for building a new garage. B 1 J r C £k\SJlNC9 '0»«o •ri 5LOT 5 SOUTH IK or lot Sk AUD. sua TO. 203 S«LY LK or LUCC u€ 1IUL< CERTFICATE OF SURVEY FOR Marlys McCarty IN LOTS 1 & 2. BLOCK 3. ic PART OF VACATED BROOK STREET BAYSIDE ADDITION TO LAKE MINNETONKA le PART OF LOT 5. AUD. SUB. 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Vi • •• i- ! <cjsa£o2sCl'iy ofRESOLUTION Of THE CiVY COUNCIL NO. UI5_ _ _ _ _ A RESOLUTION VACATING AN UNUSED PORTION OF OROON STRSUT WITHIN THE PLAT OF DAYSIOE ADDITION TO LAKE MINNETONKA, SECTION 5, TOWNSHIP 117, RANGE 23 IN THE CITY OF ORONO, MINNESOTA WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the Stato of Minnesota; and WHEREAS, on March 3, 198«, Scott C. McLain and Debra McLain filed a petition with the City of Orono requesting tho vacation of the westerly 100 feet of Brook Street, Baysidc Addition to Lako Minnetonka, Ken.nepin County; and WHEREAS, after duo published and posted notice, a public hearing was hold before tho City Planning Corjnissior. on March 19, 1984, regarding said vacation and all persons interested wore given an opportunity to bo heard; and WHEREAS, after duo study and consideration, the Manning Comr.ission roco.’nnendcc approval of the requested vacation and tho City Council of tho City of Orono finds that said vacation, as proposed, is in keeping with tho public interest in consideration of tho following findings: 1.Tho vacation does not affect access to or uso of any adjoining property 2. 3. The City has not and docs not intend to develop, improve or uso tho property in any way except for utilities and accesfs purposes hcrcir.aitcr described The property as it e.xists servos no public purpose NOW, THEREFORE, 3E IT RESOLVED that the petition of Scott C. McLain and Debra McLain is hereby granted and that that portion of Brook Street Icg.illy doseriboc abov is hereby vacated. The granting of the petition in subject to the following conditions: 1 Upo.n v.ic.ition, Scott C. Mcl.ain and Debra McLain must combine the v.icatec portion of BrooH Street with their .idj.icont liomostoad property (Lots 14 2, Block 3, Baysido Addition to I~ike Minnetonk.i TkAKS.'S*? cM’cRtD ti'l* 'J*' ‘ •’ 4LVf 6 OilMrt cV:svr;?* *■'I*-'!'?’*' •• • •-*• *1 !. • mpi!* :v^» '• * iCW-.;! , !V. V V* ‘ I' . T . J ;rr;:sV | I CvV ’*' ^ i•a Vr J a,* V ^ 5A. ^ <• , • • mr ■ K,> I h J. i »* % ,«'.wf •’ • •• •' ; f •• : • i ‘^. L .L. if :/ Vi/ V** * *‘ • •», 4* .■ >>* ’ V f:ri • a 1 4 Ii*.,.Vi>A* !•«*•1 '0]^ 1^ :;#^1 iw ■■.•'teljf: :p •> .. i'poj; • '.v'^4 . ..» #v f.»:Wi .{•JK] • tltV/1 Ciiy oST 025*0N0RESOLUTION OF THE CITY COUNCIL NO. __lal2 ----------- 2.Uoon vacation. Scott C. McLain and Oebra McLain must ^ execute a utilities and access oasement granting specia.. oasenent rights to the City over, under, and above the vacated portion of Brook Street Adopted by the City Council of the City of Orono, Minnesota at a regular incetin^ held April 9# 1934# MJry C.^^ler. Mayor ' • . • *••• 1 • * * * I \i •* * * ^ At CO '-'if ■. ' .•'.A’3#i%a-.‘M. Strom, City Clerx > iX’i 4'.y.i-%|a .'rW'f.vs' i-'f-li i*.\•'-•VV-'1 I*•**%.' *j'-r tV* ! b :'‘‘Ji ’*"'* ■ 1 * ►. ,^.s •*:. Aft • :-T' V,-. I .•;; ''•la* -r iv'VjV- ■iiM I ♦ »■ ».' * T» . I'' 1 SvVfe-.i i;,-: <.*• • ?..>v.vV>r?,v.i V m > r -r^vV { u.v,-v><V«.V' \ f •*• * s r, • • •* •-* ri—o »; RUN DATE t«/2*/R» ■ATCN 5t4 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST REPORT NO. PIA35AAI PAGE 1* PROP AOOR OWNER NAME TAXPAYER NANE/ADOR OMNER NAME TAXPAYER NAME/AOBR PROP ADOR OMNER NAME TAXPAYER NANE/AOOR PROP AOOR OMNER NAME TAXPAYER NANE/ABM OMNER NAME TAXPAYER NANE/ABOR OWNER NAME TAXPAYER NANE/ABOR 1 0005SS 05-117-2S 11 00005 LEAF ST E C 60ANAH Jll ETAL E C COANAH JR 05 LEAF ST LONG LAKE HN 55350 38 05-117-23 12 0015 00038 ADDRESS UNASS16NED STATE OF HINN DNR REAL ESTATE HGHT ATTN DE88XE GURTIN 500 LAFAYETTE RD ST PAUL NN 55155 38 05-117-23 12 0010 00038 ADDRESS UNASSIGMED STATE OF HINN DNR REAL ESTATE HGHT ATTN DE881E GURTIN 500 LAFAYETTE RD ST PAUL HN 55155 38 05-117-23 12 0017 03015 HIGH LA RICHARD 0 HARKLUND ET AL RICHARD GUSTAV HARKLUND 8 NINA E GUERTIN-HARKLUND 3015 HIGH LA LONG LAKE HN 55350 38 05-117-23 13 0003 00038 ADDRESS UNASSIGHED ROBERTA E VAUGHAN ROBERTA E VAUGHAN 3000 BAYSIDE RD ORONO HN 55350 38 05-117-23 13 0000 00038 ADDRESS UNASSIGNED ALISHAH S AZAD ALISHAH S AZAD 200 BEDERHOOD DR LONG LAKE HN 55350 38 05-117-23 13 0012 03020 BAYSIDE RD R 8 R ANDERSON ROBERT F 8 UENDY S ANDERSON 3020 BAYSIDE RD LONG LAKE HN 55350 38 05-117-23 13 0013 03000 BAYSIDE RD T H ZIESHER 8 H T ZIESHER TODD H 8 HARIE T ZIESHER 3000 BAYSIDE RD LONG LAKE HN 55350 38 05-117-23 13 0010 03070 BAYSIDE RD TRST J 0 HALSTEDT RV LFTH TR JOHN G HALSTEDT 3070 BAYSIDE RD LONG LAKE HN 55350 38 05-117-23 13 0028 00205 TONKA AVE H 8 R SCHHXTZ HENRY 8 ROSIE SCHHITZ 205 TONKA AVE LONG LAKE HN 55350 38 05-117-23 13 0020 00038 ADDRESS UNASSIGHED ESTHER H ADDISON ESTHER H ADDISON 3382 BAYSIDE RD LONG LAKE HN S5350 38 05-117-23 13 0050 00205 TONKA AVE HARY KAY HCCARTY HARY HCCARTY 205 TONKA AVE LONO LAKE HN 55350 38 05-il7-23 13 0051 00225 TONKA AVE NARLVS NC CARTY HARLVS NC CARTY 225 TONKA AVE LONG LAKE HN 55350 38 05-117-23 10 0012 00038 ADDRESS UNASSIGNED STATE OF HINN DNR REAL ESTATE HGHT ATTN DEBBIE GURTIN 500 LAFAYETTE RD ST PAUL HN 55155 38 05-117-23 10 0010 00235 CRESTVIEH AVE S T ANDERSON 8 C ANDERSON S T ANDERSON 8 C ANDERSON 235 CRESTVIEH AVE LONO LAKE HN 55350 38 05-117-23 10 0020 00205 CRESTVIEH AVE GARY F BOLL II GARY F BOLL II 205 CRESTVIEH AVE LONG LAKE HN 55350 38 05-117-23 10 0021 00255 CRESTVIEH AVE HICHAEL L HCCALL HICHAEL L HCCALL 5300 PIPER RD HOUND HN 55300 38 05-i17*23 10 0022 00205 CRESTVIEH AVE JOHN C HORGAN JOHN C HORGAN 205 CRESTVIEH AVE LONO LAKE HN 55350 v;; Tr ^ ^r••Vr.lo RUN DATE «A/2«/tt HENNEPIN COUNTY PROPERTY INFORHATION SYSTEH PROPERTY OWNERS LIST REPORT NO. PX4S5401 PACE 17 ■ATCN SM PROP AOOR ONNER NANE TAXPAYER NANE/ADOR PROP ABOR OWNER NANE TAXPAYER NANE/ABOR PROP AOOR ONNER NANE TAXPAYER NANE/ABOR SO 0S-117-2S lA 0023 •027S CRESTVXEW AVE NAROlO R HANSON ETAL HAROLD R HANSON 27S CRESTVXEN AVE LONG LAKE HN S5S50 SO 05-117-23 lA 002A 00205 CRESTVXEN AVE NARK R LARSON NARK R LARSON 205 CRESTVXEN AVE LONG LAKE HN S535A 30 05-117-23 lA 0025 00205 CRESTVXEN AVE HARK R LARSON NARK R LARSON 205 CRESTVXEN AVE LONO LAKE NN 55350 30 05-117-23 lA 0020 00250 TONKA AVE GERALD L BRXOCS/XRENE BRXCOS GERALD 0 IRENE BRIGGS 250 TONKA AVE LONO LAKE NN 55350 30 05-117-23 lA 0029 00230 TONKA AVE S A OLSON OKA OLSON STEVEN A I KELLY A OLSON 2S0 TONKA AVE LONG LAKE HN 55350 30 05-117-23 lA 0055 002A0 CRESTVXEN AVE JEFFREY S NELBY JEFFREY S NELBY 2A0 CRESTVXEN AVE LONO LAKE HN 55350 30 05-117-23 lA 0001 00200 TONKA AVE P A 0 K S SKOOG PHILIP 0 KAREN SKOOG 200 TONKA AVE LONO LAKE NN 5535i TOTAL BATCH 50A 00025 X CERTIFY THAT TIC FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTA.iON OF INFORHATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTNENT OF PROPERTY TAXATXOH* TO TNG BEST OF HY KNONLEOCE AND BELIEF.. . 1 i >i /. * \Mio „ iw kMJUJ viv:mM DATT n< i ♦ “i j. !. TO: FROM: DATE: SUBJECT: Chair Hawn and Orono Planning Commission Members Ron Moorse, City Administrator Wendy Bottenberg, Assistant Zoning Administrator/Planner September 18,2000 U2612 Donald Macmillan 2550 Fox Street Variance — Public Hearing Zoning District: RR-IB One Family Lakeshore Residential District (2 acre) Lot Area: 7.29 acres List of Exhibits A Application B Applicant letter C Site Plan/ Survey D Views E Photo of Property F Location Map G Plat Map H Property Owner’s List I Permit Record J Section 10.03, Subd. 9 (CX3) K Sample Covenant for Overr ’zed Accessory Structures Pertinent Code Sections 1. Section 10.03, Subd. 9 (D):Accessory Building Location: No detached garages or other accessory building shall be located nearer the front or street lot line than the principal building on that lot. To permit a 40 ’ x 40' accessory structure closer to the street lot line than the residence. 2. Section 1003, Subd. 9 (C): Size Restrictions & Conditions for Oversize Accessory* Structures: The maximum oversize accessory structiu-e footprint for a lot of 7.29 acres is 2600 s.f. Application Summary: The applicant has requested a variance to permit the construction of an 40' x 40 ’ (1600 s.f.) accessory building between the principal structure and the street. 'The accessory building is proposed to be 1 ‘A story, with the half story being a loft. 'The accessory building will be used for storage. The lot is approximately 350' wide and 900' deep. ('The applicant owns the front lot and is in the process of combining them as one parcel). The residence sits on the rear of the property approximately 700' from the street. The proposed location for the accessory building is already prepared due to a different accessory structure which was located there until 1997. The lot is wooded and the location would not require any trees to be removed. Also, the number of trees on the lot will screen the accessory structure from the street and adjacent properties. The accessory building meets all setback requirements for the RR-1B zoning district and the square footage of the building meets the size restrictions of the oversize accessory structure ordinance. #2612 Don MacMillan 2550 Fox Street Variances-p.! 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; 1. Currently the applicants property is two parcels. The process to legally combined them needs to be completed. City of Orono ordinance prohibits an accessory structure to be on a property without a principal structure. 2. The accessory building will not impact adjacent properties. 3. This building is subject to the requirements of Section 10.03, Subd. 9(C()3) which are attached as Exhibit J which reuires the execution of an ‘Oversize Accessor>’ Structure’ covenant. 4. Does the Planning Commission have additional issues or concerns with this proposal? Staff Recommendation; Recommend approval of the variance to allow construction of a 40' x 40’ accessory’ structure between the principal structure and the street provided the building permit not be issued until the two parcels are legally combined. *^2612 Don Machfillan 2550 Fox Street Variances-p.2 Application # 2 G? 1 2. Date Received g > - o o Amount Paid f 2.S~C CITY OF ORONO - VAM^^lCILAPPLICATION Initial Application Fee •'$^5^.00 ^ (S50.00 per each additional variance) Renewal Variance Fee SI50.00 (no change from original application) Variance for non-conforming structures $250.00 After-the-Fact Fees (Double application fee) Present use of property: X residential Zoning District: RA" other (specify). APPLICAOT , Name /O^o.n Jo / To Address: Phone thome^l V Phonefwork^ /9ZA City: __________Zip: \ ‘ ‘ 0\V>rER (if different than applicant) Name Address: ^ Phone fhome'l ^ ^ Phone (work)_£c2__Z2il k. > , / xvnii'Xd^ Zip:Citv! DESCRIPTION OF REQUEST Describe request in detail; Estimated Construction Cost (attach additional sheets if necessary) VARIANCES REQUIRED Lot Area ___Lot Width Setback: Front Side Hardcover Rear Lot Coverage Average Lakeshore Other (specify) habdship /description of xjnusual property conditions “^crib« undue hardship or pracUcal difficulty^or unusial^ry^^o^moiis preventing compliance wth Zoning Code requirements:.. ----------------- - (attach additional sheets if necessary) REQUIRED SUBMITTALS All of the following information must be submitted bv the application deadline date order for vour application to be cnnsidergH cnmpletgt 1. 2. 3.y 4. 5. 6. 7. 8. •7 AW _ • Completed Application Forni Certified Property Owners List of owners within 150', labels and plat map (you must obtain this list, labels and map firom Hennepin County Department of Finance, A-603, Govt Center, 348-5910). Certificate of Survey (signed by a licensed surveyor) and include hardcover calculations as required In addition, pro\ide one (1) copy 8!4" x 11" for reproduction. Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed. In addition, provide one (1) copy 8!4" x 11" for reproduction. Sketches or plans of floor & elevation views (provide one (1) copy S’A" x 11"). 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 expenses incurred in review of this application, and certifies that the information supplied is trueandl correct to the best of his/her knowledge. Applicant's Signature '‘S’. 20TD y OWNER'S SIGNATURE The owner hereby acknowledges 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 Signature Date Z'* AppliCiint must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building 8c. Zoning Office of this change prior to the meeting. Paa Johnston Designer & B uilder 20 years experience Lie. #20230020 B H ardship /Desgriptidn of unusual Property C onditions Unusual property conditions preventing compliance with Zoning Code include: □ The proposed site of the structure is located on the site of a similar structure that was moved to another property, therefore, the site is ready to build on. □ Large trees cover the remainder of the property and to prepare another suitable site u ould require cutting do^^■n dozens of trees. □ In addition, neither the house nor the site of the proposed stweture can be seen from the street. Therefore, by erecting the structure in the proposed site would have an end result within the intent of the Comprehensive Plan enforced by the Zoning Code. I will answer any questions you may have regarding the above at the meeting of the Planning Commission. Feel free to contact me before that time at the telephone number on the letterhead. Applicant August 17, 2ChX)C, >4 3425 H cnncpin Avenue South Minneapous , Minnesota 554DB Phone ; 612.360.1976 c S ’i p • Dan Johnston Designer & B uilder 20 years experi Lie. #202300: enence 0020 Front View, East Side Rear View, West Side *! fy Dan Johnston D esigner <5c Builder D 20 years experience Lie. #20230020 End View, South Side I Page 4 Dan Johnston Designer & Builder 20 years experience Lie. #20230020 W-> 4:,: f .'a.T' End View, North Side 4' (w) X 5* (h) cascmtfit Pages D I I i ( 'A (< '* t ’•\i . . . I r^.nzf^i-xT UxT X > ’ *. ’.5-' ■ glkH'-. ‘ •••-" ■ . -> •.•:•• ' •• vv**-';7.*^*r'*r ^ ^ ^ : ** — V. V'/J’T? 4 “ E^^x'^v jtp^ jv/v-A ■' ' 'L*'j^-'y^'^- ^ •»Is^^SgfeV;^^- ■ . ! ■IrSfts ^^i-.'.... L vA-\V: .jy;, j:, .■ Sm^B/BSlSS^S^Ei&r^'^' * vS> iyi.i'/ ■ • ■ ••'' •'•^^iir. .^^. • ' • f;*‘: r • ->' • > •• .••w-.'i*”.--- -' w/ir'.’-V"- . ‘»*-f v~'.. -•. ^ .- •.....V'. '• .-. • ..'•'rvjv.s ?,^ ^‘f»r f.--* . .*t- .. .ja;».0-x ^ - :-r* ^ '.''T^-- ■ •• •-•■■ ■• •• - t ‘-.‘•r. cT. • • "'>s t: ;:; 1- Jl WAHATA BLVO 4qo WEAA cm mIcopma - gIviVOA ^ WATEHTOWII BOO thorough SOMERSET fouir^ oii "i BiVting ,...-' ........................... ^0^ R/OCf /)0 \ - » .». • • i :ivz^, ''k. Orono, V: Golf » Course 3 • : • • No«cnbcrg| eoo Garden'^ /T/\ - • C ■ t § ! OCIEISON I ▼T. I . !•••-• I •.j.'J'.V V •' ;V tale BBEEWTLREfj ■ .■»; p/tH'.y'>sy‘ ------ ORONOA‘ 1600 Smith B ly "’ • . «• • ^ohns Point Crystal Bay Lafayet Country Club /•' - .»• - Bracketts Point RUN DATE Q6/23/00 BATCN 552 PROP ADDR OWNER NAME TAXPAYER NAHE/ADDR PROP AOOR OWNER NAHE TAXPAYER NANE/ADDR PROP ADDR OmER NANE TAXPAYER NAHE/ADDR PROP ADDR OWNER NAHE TAXPAYER NAHE/ADDR 56 0A-117-2S lA 6003 00A05 WILLOW DR S K H t W R PRIEDEHAN JR X H I W R PRIEDEHAN JR 005 WILLOW DR S LAKE HN 55350 SO -117-23 01 0005 02020 FOX ST JOHN H t SUSAN B RINGER JOHN t SUSAN RINGER 2020 FOX ST WAYZATA HN 55391 36 00-117-23 01 0010 02530 FOX ST DONALD C HACHILLAN TRUSTEE DONALD C HACHILLAN C/0 WAYCROSSE INC DEPT 26 PO BOX 9300 HPLS HN 55000 36 .00-117-23 02 0010 02020 FOX ST D N JAFFRAY t H B JAFFRAY D H i H B JAFFRAY 2020 FOX ST WAYZATA HN 55391 HENNEPIN COUNTY PROPERTY INFORHATION SYSTEH PROPERTY OWNERS LIST 36 00-117-23 01 0003 02050 FOX ST K I K ANDERSOr: KEITH 0 KATHLEEN ANDERSON 2050 FOX ST WAYZATA HN 55391 36 00-117-23 01 0006 02550 FOX ST DONALD C HACHILLAN TRUSTEE DONALD C HACHILLAN C/0 WAYCROSSE INC DEPT 26 P 0 BOX 5026 HPLS HN 55000-5026 36 00-117-23 02 0006 02000 FOX ST D A J PLUCKER DARRELL A PLUCKER 2000 FOX ST WAYZATA HN 55391 36 00-117-23 03 0009 02025 FOX ST DIE PETERSON DAVID E PETERSON 2025 FOX STREET WAYZATA HN 55391 REPORT NO. PI035001 PAGE 27 36 00-117-23 01 0000 00038 ADDRESS UNASSICNED WILLIAH E OGRAH ETAL DEAN R LINDBLOOH 2030 FOX ST WAYZATA HN 55391 36 00-117-23 01 0009 02560 FOX ST W SHITH I J VERVOORT-SHITH WILLIAH F SHITH AND JENNIFER E VERVOORT-SHITH 2560 FOX ST WAYZATA HN 55391 36 00-117-23 02 0009 02030 FOX ST DEAN ROBERT LINDBLOOH DEAN R LINDBLOOH 2030 FOX ST WAYZATA HN 55391 36 00-117-23 00 0002 02555 FOX ST P E ECKERLINE/H A ECKERLINE PETER E ECKERLINE 2555 FOX ST ORONO HN 55391 PROP AWR OWNER NANE TAXPAYER NAHE/ADDR TOTAL BATCH 552 00012 STKEET FILE •J-^ J^SS'd PERMIT RECORD PERMIT NO. A 3 5^ %'=iQ 11 / ? DATE </-..-^Pi'7 TYPE OF PERMIT \ i //'} Ulc J • V.rr / -7■VN,•7-/7-V7 /• i /7 /f-^7 . KjL-yyU-.t-(ijLS‘?75g'=?-6-^-7 g 7<^o /767 >H-9n 6'1-^n rj2^ 'yn^fA ----------------- — § 10.03 C. Area Restrictions. In all "R" Districts no accessory building shall exceed 1,000 square feet of footprint area except that accessory structures in excess of 1,000 square feet will be allowed under the following conditions: 1. Not more than one Oversized Accessory Structure (OAS) shall be permitted on any property. An "Oversized Accessory Structure" is defined as an accessory structure of footprint area in excess of 1,000 square feet, except that the following non-robfed accessory strucUires which exceed 1,000 s.f. footprint area are nol considered as "Oversize Accessory Structures", but are subject to the special setback restrictions of Section 10.03, Subdivision 14 (D): - Tennis courts Pools, when pool basin structure (excluding nonencroachment-type patios) is greater than 1,000 s.f. Paddocks or arenas 2. Oversized Accessory Structures are regulated by the following table: Lot Area Maximum Individual Accessory Structure Footprint Area Maximum Allowed Total of All Accessory Structure Footprint Areas on a Prooertv 0-1.99 acre 1,000 s.f 2,000 s.f 2.00-3.00 acre 1,200 s.f 2,400 s.f 3.01-3.50 acre 1,400 s.f 2,800 s.f 3.51-4.00 acre 1,600 s.f 3,200 s.f 4.01-4.50 acre 1,800 s.f 3,600 s.f 4.51-5.00 acre 2,000 s.f 4,000 s.f 5.01-6.00 acre 2,200 s.f 4,400 s.f 6.01-7.00 acre 2,400 s.f 4,800 s.f. 7.01-8.00 acre 2,600 s.f 5,200 s.f 8.01-9.00 acre 2,800 s.f 5,600 s.f 9.01 acre or more 3,000 s.f 6,000 s.f * Excluding non-roofed tennis courts, pools, paddocks, arenas 3. Any Oversize Accessory Structure shall be subject to the following conditions: a) No such accessory structure shall be located within a required yard area (principal structure setbacks must be met). Further, no such structure shall be nearer the front lot line than the front line of the principal residence on the property, and no such accessory structure shall be located less than 30 ’ from the side or rear lot line regardless whether less strict principal structure setbacks apply. ORONO CC 255 (4-1-84) J § 10.03 b) The ma.ximum height for such accessory structure shall be 30 ’ or the defined height of the principal residence structure on the property, whichever is less. c) Such structure shall be allowed only when the property owner agrees and covenants in writing with the City as follows: i. No future subdivision will be approved that places the structure within a lot that has no principal structure, except that the City in its subdivision approval may grant a finite time period in which the oversized accessory structure may remain without a principal structure, in order that a principal structure may be constructed. At the end of this time period the oversized accessory structure must be removed if no principal structure has been constructed. ii. If the property is subdivided, the oversize accessory structure and principal structure will be located together within a lot that meets the minimum lot area requirement for the given size of accessory building. iii. In subdivision approval, the setback required for the oversize accessory structure as defined herein shall remain. Such covenant shall be binding on current and future property owuers and shall be filed in the chain of title of the property. Source: Ordinance 72, 2nd Series Adopted: 8-14-89 D. Location. No detached garages or other accessory building shall be located nearer the front or street lot line than the principal building on that lot except on lots which have frontage on a lake and rear yard adjacent to a street, accessory buildings located within the street or rear yards of such lots are subject to the setback requirements of Section 10.23, Subdivision 6 (B), Section 10.24, Subdivision 5 (B) and Section 10.25, Subdivision 6 (B) except that detached garages may be located 10 feet from the street or rear lot line when doors face away from the street and a tum-around is provided on site. This section shall not apply to lakeshore lots divided by roadways or comer lots. Source: Ordinance 26,2nd Series Adopted: 7-14-86 1. Location of Principal Building to Lakeshore. No principal building shall be located closer than 75 feet to the natural ordinary high water mark of a lake abutting the property. This lakeshore setback shall be determined as the mean horizontal distance between the natural ordinary high water mark on the lakeshore and the allowable building line. ORONO CC 255-1 (8-14-89) J i- K CITY OF ORONO COVENANT FOR OVERSIZED ACCESSORY STRUCTURE THIS COVENANT, made and entered into this day of . 19__,by (single/husband and wife/a Minnesota corporation), (hereinafter referred to as "Applicants") and the City of Orono, a Minnesota municipal corporation (hereinafter referred to as the "City"). WITNESSETH: WHEREAS, Applicants have made application to the City for an accessory structure on property in Hennepin County, State of Minnesota, legally described as: (hereinafter referred to as "Subject Property"); and WHEREAS, City staff have reviewed Applicants' ipplication and have found that the structure requested is defined within Section 10.03, Subdivision 9 (C) of the Orono Municipal Code as an Oversized Accessory Structure ("OAS"); and WHEREAS, Applicants are aware that according to Section 10.03, Subdivision 9 (C)(3)(c), specific conditions exist for an allowable OAS; and WHEREAS, Section 10.03, Subdivision 9 (C)(3)(c) allows issuance of a permit for construction of the subject OAS conditioned upon the execution of this Covenant and its filing in Applicant’s chain of title; and WHEREAS, in order to identify all parties within an interest in the subject property, the Applicants are required to provide title information to City staff Jis requested. All parties with an interest in this property shall sign this covenant. Page 1 of 4 NOW, THEREFORE, THE PARTIES TO THIS COVENANT AGREE TO THE FOLLOWING; 1. 3. 4. Applicants' request for one (1) Oversized Accessory Structure ("OAS") on the Subject Property is approved conditioned upon the execution of this Covenant by the City and the Applicants. 2. The following conditions shall control the existence of the OAS: No future subdivision of the Subject Property will be approved that places the OAS within a lot that has no principal structure. Should Applicants wish to subdivide the Subject Property, the OAS may remain without a principal structure for a period to be determined by the Orono City Council. If no principal structure is fully constructed and completed on the property by the end of the determined period, the OAS must be removed. Should Applicants subdivide the Subject Property, the OAS and the principal structure shall be located within the same lot, which meets the minimum lot area requirement based upon the size of the accessory building, which lot area requirement is detailed in Section 10.03, Subdivision 9 (C)(2) of the Orono Municipal Code. Setback requirements as defined in Section 10.03, Subdivision 9 (C)(a) shall also apply. This Covenant shall be binding upon current and future owners of Subject Property, and shall be filed within the chain of title of the Subject Property. Fee owner(s) of the Subject Property, if not the Applicants, consent to the e.xecution of this Covenant and to its terms, as shown by his/Tier/their signature(s) upon this document. Page 2 of 4 CITY OF ORONO: By:. Its Mayor By:. Its City Clerk ACKNOWLEDGEMENT STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ______________________.19 ___ .by __________________________ day of __and and of the City of Orono on behalf of the municipal corporation. Notary Public APPLICANT(S): By:. By:. ACKNOWLEDGEMENT (APPLICANTS) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this .19 .by ___________________ day of and (husband and wife/single/a Minnesota Corporation) as their free act and deed/on behalf of the corporation. Notary Public Page 3 of 4 i__ r FEE OWNER(S): By:. By:. ACKNOWLEDGEMENT (FEE OWNERS) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this __________!_____________, 19 ___, by ________________________ day of and (husband and wife/single/a Minnesota Corporation) as their free act and deed/on behalf of the corporation. Notary Public ■-S Page 4 of 4 TO: FROM: DATE: Chair Hawn and Orono Planning Commission Members Ron Moorse, City Administrator Wendy Bottenberg, Assistant Zoning Administrator/Planner September 18,2000 SUBJECT:#2613 Jim Renckens 3020 Watertown Road Variance - Public Hearing Zoning District: RR-IB One Family Lakeshore Residential District (2 acre) Lot Area: 11.825 acres List of Exhibits A Application Site Plan/ Survey Views Photo of Property Location Map Plat Map Property Owner’s List Permit Record B C D E F G H Pertinent Code Sections 1. Section 10.03, Subd. 9 (D):Accessory Building Location: No detached garages or other accessory building shall be located nearer the front or street lot line than the principal building on that lot. To permit a 24' x 36’ (864 s.f.) accessory structure closer to the street lot line than the residence. Application Summary: The applicant has requested a variance to permit the construction of a 24' x 36’ accessory building between the principal structure and the street. The accessory building will be used for storage. The lot is approximately 460' wide and 1,170' deep. The residence sits approximately 678' from the street on the rear of the property. The accessory building will be approximately 40’ from the side lot line. Note that the location of the building 40' from the side lot line precludes its future use as a horse bam. The applicant is planning to landscape the area by the accessory building ana berm along the street. This will aid in screening the building from the street and adjacent properties. The adjacent properties on Crystal Creek are a very' long distance from the proposed site. (See Exhibit E). The accessory building meets all setback requirements for the RR-IB zoning district, and the square footage of the building is within the 1000 s.f. maximum for standard accessory structures. 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. #26 /i Jim Renckens 3020 Watertown Road Variances-p. I i . • Issues for Consideration; 1. The applicants options for locating the accessory building are limited. The property on the east side of the lot is low and includes wetlands. 2. The accessory building will not impact adjacent properties, being 300' plus to the nearest adjacent residence. 3. Does the Planning Commission have additional issues or concerns with this proposal? Staff Recommendation; Recommend approval of the variance to allow construction of a 24' x 36' accessory structure between the principal structure and the street per the proposed plan. { if26l3 Jim Renckens 3020 ty’atertown Road Variances-p.2 Application U A(i^l ^____ Date Received~TZS^J! Amount Paid 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) PROPERTY INFOj^IATION . i ^ p j Site Address 30:20 ___b£^---------------;-------------------------- Property Identification Number fP.I.D.^ ?>^ - I <^3 ~ 3^ ''C^C 1 -------------------------- Attach legal description to application if not included on required survey. Date Property Acquired ---------------------------------^Cmonth/year) I (do) (do not) also own the adjacent parcels of land. Present use of property: A residentizd ___other (specify). Zoning District: 1 ^--------------------------------i Phone (home). KafM'ra-u--------Ptooe (TOtk) V? j Address: vKg City: ^ ^^— OWNER (if different th^i applicant) Name t \.Vi i ^ ^ Address:_______________________ Phone fhome"! ^ _____ Phone fwork^l City:__________________------------- DESCRIPTION OF REQUEST Describe request in detail: ^ ^ V/f ^ A r Offrr^ Estimated Constniction Cost S "iO.CCd > A/ , I Vfrrf ^____________ — (attach additional sheets if necessary) VARIANCES REQUIRED Lot Area ___Lot Width Setback: X F ront Side Hardcover Rear Lot Coverage Average Lakeshorc Other (specify) ”■» "%?r ‘J.U V- -r fc/ l-ju• I (attach additional sheets if necessary] REQUIRED SUB^^TTALS All of the follQwinsL information must be submitted bv the aPDlication deaHlipe dat<> fn order for vour application to be considered complete; 1. 2. 3. 5, 6. 7. 8. ___ Completed Application Form ---- Certified Prope^ Ov-mers List of owners within 150', labels and plat map (you must obtain this list, labels and map from Hennepin County Department of Finance, A-603, Govt Center, 348-5910). ---- Certificate of Survey (signed by a licensed surveyor) and include hardcover calculations as required In addition, pro\ide one (1) copy 8'/j" x 11" for reproduction, ---- Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed. In addition, provide one (1) copy 854" x 11" for reproduction. ___ Sketches or plans of floor & elevation views provide one (1) copy 854" x 11"). ---- 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 lanapcg aDPllcation is not complete if the above information has not been incInHy^, 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 expenses incurred in review of this application, and certifies that the information supplied is true and corrept to the best of his/her knowledge. Applicant’s Signature Date ?/CO OWNER'S SIGNATURE The owner hereby acknowledges 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 Signature 17 ) / /7 : )Date ^ \ -.7'S • - Cxi-) Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review m'.^etings 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. I % I L - ■ . CS^- ^ X* „-,n " ••....UU I......■-•Ifl^s\ n aW'^- St > •; w=" if rv\ \ \\ \ Tv'; • I * n/, v'' ;.A^ j 1 'M>V ?:?;/ Vtlsvm -A '\ ' I m iMI :\M ''•'■■■ ■' V -rir:.rz^m •rr • % B • » ) '41 • i ) \ 5 ! / j* ^*4 N •? \<- I ’V 1) ^ /. '.s >?,X''4-;r t|| I ■■ :i-:^ tX'.-M- . V t-i >> )25^vl -------- i\» :«' •-•r •OOPO'^v, O.QOOO 0^/1 ]’iC§ *V3 .A V V*.\ n',:.. ;G7 0 V| • j ■.. s / \©s y V '..'S-S I* 4443:3 TTT r g <\rig>:r:5»" “v-■? o -4 c5 V, -rrj » •;; ? -f t¥i' n 0 iKfr M. IMs. BOARDS W U4 BAHENS S/4*IO FRJEZE BO l-S X 2-6 •AueCO* •»44X5F RECTANCiULAR REDUJOOD LOUVER PISM SCALE CEDAR SMINCLES SMkS TRIM BD. /^GARAGE ELEVATION ■ J1/4 ’ * r-0* bcS FASCIA lU/ U3 RAKE S/4xS HEADTRIM UV 3 S/S" CROUN MLDG. CEDAR SMINOL^ SIDINO S/4i(6 TRIM BD. S/4xlO TRIM BO. UJ/ Omf* CAf»CQ Cf) OJ 5 O'io iR r I.; o $ Uh R5, T.40. BOARDS ttJ/ H4 BATTENS • i |T7i1 11'I•. . • n I f •, I •, ’,.. i,. ,u,i,i:i.^ I iJ.l.ijJrA: l’} I*' I'l 1 LJ I I I I * ; r IIII; I ‘Iu.! M.i.if;: r:‘l 'i • • ft .,1.1 I,♦ , . iVi'i'i-’*:ill!.1.1 at'.'i'.Vi'!- ' I * . > J i. ^ ■iV l.i ! i'l 1 V.' !i 11 ill ti 11 * I :i I'. • • < I * • r !!• 11 iii'il! !1 11 * 1 • 1 • • • • 1 • 11 !l lii: r r*'• '.'l i'i’l .l.i,ill 1 i.l ,'l . . * . .'tYi' M 1 ' I |i i • l.i.l.l,*,!. r;*! i j ;‘i .. . ....... H i± ' I ‘i I iI,.,.. I, I.z• I ilililiji!' ,»,:. l I,. .’I'l'lT!^1,1,1.M. CBDAR SMlNaLE S/4 mS TWMBO. J S/4 kI0 TRn BO. ttV DRIP CAP ON DR OVERLAY* -U6. Ixa ft Utl R5. TRIM DOS • 3/S* n 4* T.40. V.JOINT CEDAR BOARDS S/4x8 TRn BO. /^GARAGE ELEVATION I • y 1/4- a r-0* 0 CUDM2^4 t QI (M e • ’!■ s‘‘‘S'l’I’£ •• d»? n ‘-4* a-a- 2^4 (|> \ (I) \ -«T ► CUDM 2024 --------1................................... m ^ . 9-« » n.® OM. GAR DR l3'-4* t'- /^GARAGE FLOOR PLAN V I I 1/4- a r-0* OPTIONS U 6MBET MTERIC I ceiLMei w 1/ 21 »eULATIt94L > t > O ASPMALT 6M»IC sLE& ROOF VENT6 A5 REQUIRED ©• FELT PAPER 1/2* PLYUJOOD ROOl* 6MEATM1NQ 7n dUBFASCIA Ik0 fascia W 1x3 rake 2x4 LOOKOUTS • 24* OO. 3/S* PLTUOOO SOFFIT Ui/VENTS AS REQUIRED S/4xQ FRIEZE BOARD Ml/ SCREEN 1-ft.DG. 1/2* PLTUO. SMEATWQ TTVEK* DUILDINQ PAPER CEDAR SMINQLE SIDNQ 5/4x10 TRIM BOARD MU OmR CAR SHI. X 3‘-S*T POURED CONC. FDN UIALL MU 4HI X S-T. SLAB LEDOE 4 REW. AS REQ*D I4ATT4 4 I m ifi/ P»l niw /^GARAGE SECTION y I yi/4’ = I’-o’ § § lO K 5 i! I 0 1 X' l'v(* ^ ■ I;.. X Vi- . V X► •'■■; \ ‘-'P ' -p .v%---- > ■'•^, ■ rjt'2' ' s-^czCy' .{.'A ■~^- 'v • ‘‘ ■ •• • :.. . . T..?J t:-x^-.:.-’.W v:—T^'T^T^r^Tri-'-T:X-=r^-- fe-'s W5S£Sr Pi 4.. v"f ’.s:..M. , ... ’ -. . '■• - - . '-' P '. V i’-»-V ^- • -‘ ■ • . ■ • “ .. • .;•..'.. • . ^.-i- •^-v.. • ^ •#.-# c - » ^ • >“ * ^ V. •.. • • •■^‘.’ ' • .* • , . - » .r . *V ' . . • * . *P.- tk^ . • ■•-/ * ' Xr . * *■'.*■ « ' ‘ • »i • •' ■ -' • *.. -•W'* * •' Ul S‘"--^«..• • • • • BATIOERO ^ /4 5 *XF w«sl^ = SOMERSET ► “ ^ _ „ , LOUS VIEW cm Line ^ m m m m m m • •ASmSOON WAT ORONO V t % .:. : .f. r ; v^ f ^ : V ■"-.. _______^ '>_ > url/in 6<^r//7- A3~Ja, CQ 4^:3 i i \K <\ fa (=e'4 *i4 RUN DATE 06/28/00 HENNEPIN COUNTY PROPERTY INFORHATION SYSTEM PROPERTY OWNERS LIST DATCN 502 PROP ADDR OWNER NAHE TAXPAYER NAHE/ADDR S8 06-117-23 21 0001 02085 WATERTOWN RD T D 8 t BAURLE THOMAS D ft LOUANN BAURLE 2085 WATERTOWN RD LONG LAKE HN 55356 38 06-117-23 21 0008 00038 ADDRESS UNASSIGNED EST OF RUTH F WEAR CITY OF ORONO PO BOX 66 CRYSTAL BAY NN 55323 PROP ADDR OWNER NAME TAXPAYER NAME/ADDR 38 06-117-23 21 0016 00038 ADDRESS UNASSIGNED OLD CRYSTAL BAY RD ASSOC ROBERT HARE 1600 LONG LAKE BLVD ORONO MN 55356 38 06-117-23 22 0016 00060 CYGNET PL D ft M CURRIER JR DONALD ft MARGARET CURRIER JR 60 CYGNET PLACE LONG LAKE MN 55356 PROP ADOR OWNER NAME TAXPAYER NAME/ADDR 38 06-117-23 22 0028 03065 WATERTOWN RD BRUCE C ft KATHRYN S HALL BRUCE C ft KATHRYN S HALL 3065 WATERTOWN RD ORONO MN 55356 38 06-117-23 22 0030 03015 WATERTOWN RD GEORGAYN C KRAMER GE0R6AYN C KRAMER 2090 SOMERSET LA LONG LAKE MN 55356 j • i- PROP ADDR OWNER NAME TAXPAYER NAME/ADDR 38 06-117-23 22 0036 00038 ADDRESS UNASSIGNED S J ULSETH ODD ULSETH STEVEN J ULSETH 3085 WATERTOWN RD LONG LAKE MN 55356 38 33-118-23 31 0007 00225 OLD CRYSTAL BAY RD N S K GOLDSMITH OLD SCHWIE S K GOLDSMITH ft L D SCHWIE 265 OLD CRYSTAL BAY RD N LONG LAKE HN 55356 PROP ADOR OWNER NAME TAXPAYER NAME/ADDR 38 33-118-23 32 0003 00185 CRYSTAL CREEK RD KENDRICK B MELROSE KENDRICK B MELROSE C/0 TORO COMPANY 8111 LYNDALE AVE S BLOOMINGTON MN 55620 38 33-118-23 32 0006 00195 CRYSTAL CREEK RD PILLAR HOMES INC PILLAR HOMES INC 620 UPLAND LA N PLYMOUTH MN 55667 PROP ADDR OWNER NAME TAXPAYER NAME/ADDR 38 33-118-23 33 0001 03020 WATERTOWN RD J R RENCKENS ft D A RENCKENS DEBRA ft JAMES RENCKENS 6680 rORESTVlEW LA N PLYMOUTH MN 55662 38 33-118-23 33 0006 00175 CRYSTAL CREEK RD JYLAHD DEVELOPMENT INC JYLAND DEVELOPMENT INC 150 BROADWAY AVE S WAYZATA MN 55391 REPORT HO. PI635601 PAGE 12 38 06-117-23 21 0010 02995 WATERTOWN RD GEORGAYN C KRAMER GEORGAYN C KRAMER 2990 SOMERSET LA LONG LAKE HN 55356 38 06-117-23 22 0026 00020 CYGNET PL H J ft N M PANUSKA HAROLD J/HARGARET M PANUSKA 20 CYGNET PL LONG LAKE MN 55356 38 06-117-23 22 0032 03085 WATERTOWN RD S J ULSETH ODD ULSETH STEVEN J ULSETH 3085 WATERTOWN RD LONG LAKE MN 55356 38 33-118-23 31 0011 00265 OLD CRYSTAL BAY RD N S K GOLDSMITH OLD SCHWIE SCOTT K GOLDSMITH 265 OLD CRYSTAL DAY RD N LONG LAKE MN 55356 38 33-118-23 32 0005 00038 ADDRESS PENDING KINGSBRIDGE PROPERTIES INC KINGSBR1D6E PROPERTIES INC 3125 FOX ST LONG LAKE MN 55356 38 33-118-29 33 0007 00020 CRYSiAL CREEK RD CHARLES CUDD LLC CHARLES CUDD CO 275 MARKET ST 1665 MPLS MN 55605 • , J W 1-)if* ^3•<1. 3 KUN DATE 06/26/90 BATCH S02 HENNEPIM COUNTY PROPERTY INFORNATION SYSTEH PROPERTY OWNERS LIST REPORT NO. P1A3M01 PAGE IS PROP ADDR OWNER NAHE TAXPAYER NAHE/ADOR PROP ADDR OWNER NAHE TAXPAYER NAHE/ADOR PROP ADDR OWNER NAHE TAXPAYER NANE/ADDR PROP ADDR OWNER NAHE TAXPAYER NAHE/AODR 36 33-118-23 33 0008 00060 CRYSTAL CREEK RD THONA8 W i LYNDA ISAACS TNOHAS W i LYNDA ISAACS 60 CRYSTAL CREEK RD LONG LAKE HN 55356 36 33-116-23 33 0000 00100 CRYSTAL CREEK RD HARK A t JULIE J WENINGER HARK A i JULIE J WENINGER 100 CRYSTAL CREEK RD LONG LAKE HN 55356 36 33-118-23 33 0010 00160 CRYSTAL CREEK RD D E DRODEN I L H BRODEN DAVID E i LAYLON H BRODEN 160 CRYSTAL CREEK RD LONG LAKE HN 55356 36 33-116-23 33 0011 •0170 CRYSTAL CREEK RD DANIEL 8 LAURA FRATE DANIEL I LAURA PRATE 176 CRYSTAL CREEK RD LONG LAKE HN 55356 36 33-118-23 35 0012 00030 ADDRESS PENDING CRYSTAL CREEK HOHEOWNERS CRYSTAL CREEK HOHEOWNERS 1002 WOODDALE DR* WOODBURY HN 55125 38 33-118-23 36 0001 00165 OLD CRYSTAL BAY RD N L S STUBBS ETAL LYDON SHERWOOD STUBBS 165 OLD CRYSTAL BAY RD N LONG LAKE HN 55356 36 33-116-23 36 0005 60065 WEAR LA N N P 8 0 H SIEVERT NICHAEL P 8 GAYLE H SIEVERT 85 WEAR LA N LONG LAKE HN 55556 36 33-118-23 36 0006 00055 WEAR LA N DIANA J GROSS DIANA J GROSS 55 WEAR LA N LONG LAKE HN 55356 36 33-118-23 36 0013 00155 WEAR LA N J B WINSTON OCR WERSAL J B WINSTON OCR WERSAL 155 WEAR LA N LONG LAKE HN 55356 TOTAL BATCH 502 00027 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORNATION AS IT APPEARS THIS DATE OH THE RECORDS OF THE HENNEPIN COUNTY DEPARTHENT OF PROPERTY TAXATIONi TO THE BEST 1 OF NY KNOWLEDGE AND BELIEF. DATE F. ^ 0 “tt H o 4* u Permit No 'JLJ.2C. /^O X(03/ A&s^132- •Po :^iNi J^o Di:^3-S' PERMIT RECORD f+ Date 3-]l-U ‘S' Type of Permit LuttXl (,rSOrM^myOtrt, ^r2=2^ 2d.rl.Url^- /3,/y. y y 2 ^/(a^c^O_____________ 3. 0 O_____________J 3^fO'C^O , <:;c7 -/ ^5 ^=5> y 7 5- ^7- ■=’<^ _ S3 _____i/^jX7-ae 2 // Application Date: 60 Day Deadline: 8/23/00 10/22/00 TO:Chair Hawn and Orono Planning Commission Members Ron Moorse, City Administrator FROM:Paul Weinberger, Zoning Administrator/Planner DATE:September 13, 2000 SUBJECT:<^2614 Joe and Sue Haus 4485 Bayside Road Variance - Public Hearing Zoning District: Lot Size: RR-IB Rural Residential (2 acre) District + 7,5 acres Lut of Exhibits: A Application Description of Request/Hardship Statement Building Photos Property Survey Plat Map Property Owners Notification List B C D E F Pertinent Code Section: 1. Section 10.03, Subdivision 9: Location of Accessory Structures A^lication Summary: The variance request is to permit a recently remodeled accessory buiidir.g located in front of a new principal residence that will be constructed on the property. The Haus' pychased the property last year and had a conditional use permit for a guest house approved by the Council. They have decided not to construct the guest house and, instead, build a new residence and remove the existing residence following receipt of a Certificate of Occupancy for the new house. The Property does not have direct access to a road. The lot is accessed via an easement for driveway purposes along the west property boundary of the property to the northeast. The building in question is located along the north property line where the driveway enters the applicant’s property'. The building is located approximately 530' from Bayside Road and 200' from the nearest adjacent residence. A property map has been attached. In the Hardship Statement the applicants have stated they would prefer to keep the building where it is located since they have just completed remodeling the building. The project description and hardship are attached as Exhibit B. #2614 Joe and Sue Haus 448S Bayside Road Variance - Public Hearing Page 1 Conformity to Zoning Code ; The Code prohibits accessory buildings from being located closer to the front property line than a principal residence and meet a minimum setback of 10' to the side property lines. Because the structure has been there since prior to the adoption of the zoning ordinance it is considered legally non-conforming. The variance requested is to permit the structure to remain on the property without a principal building assuming the structure to which it is accessory will be removed. Required Setbacks; Lots in the RR-IB district have the following setback requirements: Principal Structure Front Setback = 50 ft. Rear Setback = 50 ft. Side Setback = 30 ft. Accessory Structure Front Setback = shall be a minimum of 50 ft. and not closer to the front property line than the principal residence. Side Setback (for buildings less than 750 square feet) = 10 ft. Rear Setback = 5 ft. Staff Recommendation ; Staff recommends approval of the variance based on the following findings: 1. 2. 3. The building has existed as a legally non-contv rming structure and was recently remodeled. The building is located on a property without frontage on a road. Access to the property is via an easement over the lot located to the northwest. The building is located well behind all other residential structures along Bayside Road. Natural vegetation adequately screens the building from view from adjacent structures. Options for Action ; 1. Recommend approval. 2. Recommend denial, stating reasons. 3. Table. 4. Other action. #2614 Joe and Sue Haus 4485 Bayside Road Variance - Public Hearing Application #2(p N Date Received S~^^*O0 /Amount Paid ^ISO 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) PROPERTY INFORMATION Site Address Property Identification Numbef^(P.I.D.’l 0(o~ \(7~^ 3 '2. |_—QOO.^ A.ttach legal descriptio n to ^^^do n if not included on required survey. ( jjj/ ) I (do) (do not) also own the adjacent parcels of land. Present use of property: > residentid ___pother (specify). Zoning District: 1B___________________________ APPLICANT . I Name _____. r^g- OWNER (if different than applicant) Name ______________________ Phone (home). Phone (work). Address:City:.Zip:. DESCRIPTION OF REQUEST Estimated Construction Cost Describe request in detail: A ff‘4Y‘ __________________ (attach additional sheets if necessary) VARIANCES REQUIRED Lot Area ___Lot Width A ILJ vr.' Phone rhome^ <^42 ___________ Phone (work ) ~^//j Vf.5 ^ ^ ~ Address: City: QrohJjl -----------Zip: _ f. Hardcover Lot Coverage Setback: Other (specify) / Front __Side Rear Average Lakeshore - w>/v hardship /description of UNUSUAL PROPERTY CONDITIONS Describe undue hardship or pracUcal difficulty or unusual property condiUons preventing compliance with Zoning Code requirements: ^Vic4-i.o^__— (attach additional shceL« if necessary) .m a'inTT-la-A mm r^i ■ ■■ •13 1 This variance request is to keep an existing garage that will be located in front of the principle structure. This garage has recently under gone considerable repairs. After purchasing the property last year we applied for a Conditional use permit to build a garage/guest house with the intended purpose to live in that residence while construction on a new home took place. After realizing the cost involved in building the guesthouse we discontinued that course and decided to put the money towards a new house in 2000. To provide for immediate storage we started repairs on one of the accessory structures removing half of the structure according to the city inspector's recommendations. At that time we removed the other run down structures on the property that were not as easily repairable. This year during the process of getting a permit for the new residence Lyle called with questions on plans for the existing house and garage. We plan to remove the existing house after moving into the new house but want to keep the garage. The intended purpose of the garage will be for storage and snow removal equipment as it is at the top of the property/driveway and will make snow removal less difficult. Lyle said that we would need to apply for a variance because the garage would be in front of the principle structure. He indicated a variance might be granted because our property and this structure are located far from Bayside Rd and cannot be seen from the street. While visiting with Paul from the city he also indicated it might be desirable to move the structure farther from the lot boundaries to meet setback regulations. After discussing this with several contractors we discovered the cost for moving the garage because of foundation oddities would be better invested in a completely new structure if keeping the current gange is not approved. Thanks for your consideration, Joe and Sue Haus Before anb- Pictures attached. r. - ' V ’ • • * V*-. •‘•'lO^ .*.v^ -..■■i'-J^ ' rr i' ’>• ^ ll - • '■ •* r ' s * '■•“ . •• •'• ' .: U.V-** .. - •■ • w. > . --•. . , • , ■ . «• ••-« ..• k '.. • • V 4 4 . .%• I •y e "tfc LiT, • ^ - . i» ^ h ‘•rr^*>.'V . :>^'^!- > m m KP -'N * Vr ** V-, ', ^ ^T-;*'. I >’.-• V'. //u-v '• '. • : I ' ! * TONY EIDEN COMPANY _ \fC““ * ■ . ly ~ Denoted Surfoce Drainage klwCoe.-,U6A t>6-rAlL UE'/4 > Ww /4- lOj^CoOl - 1 io ' ----- <0 ■ «o '0/ » is A NOTE: Proposed grades ore subject to rosulto of soil tests. Prop I5.P. O - L'’ s/ V- irt .0W ; 7^<®d4j l^ aS JL I 'I I0O7.1 Proposed building InfomKitlon must be checked with opproved building plan end development or groding plan before excavotlon ond construction. Proposed Top of Block CC\ \ 1007.V Proposed Coroge Floor —^ Proposed Lowest Floor Type of Building FUuu 6A<<M€‘dt' b-n?^ SI I /' f 'U^i:cc>'ff2Z..a uJauZoot VWJri^ I IT’ZM j hnl.\/ ................. iOr J) 'S^^^BCT E)0/ lc >}N G *' 1 aJeia^ House LocATiOAJ n -^ .Oe<*cJ 0TP7 ^4 V; 4^r 146.3 fM&o d^CCP. LKaAbuesciunioN /O Tttsi p«r« or tb« Nortliooot 1/4 of Um Iforilioool 1/4 of Sooiloa •• Townolitp 117, Rongo tJ 4ooorioo4 •• f^lloooiBotlaalM •* IBo KoniMioot ooroor of tho Boulliootl 1/4 oC tko Rortboost 1/4 of Iho Nortbooot 1/4 or Roolloo t|tboaoo foot oloof %bo Rortb Iloo of tM •otttbooot 1/4 or 0014 Rortbooot 1/4 or Rortbooot 1/4 of Rootloo §• 0 4totoooo or iH.rodUf tboooo Roiitb oo4 poffXXol oltb tbo Root Iloo or ooto Nortbooot I/4 of Rortbooot 1/4 to Routb Iloo or ool4 i! Nortbooil l/« or Rortbooot 1/4 or Roolloo 01 tboooo loot oloo« Roulb iloo of Hortboooi 1/4 or Roriboool 1/4 or Rootloo 0, IN roOot ihoBoo North 0 4iotoooo oC 40 toOo to o ROlRf 10 ro4o Boot ol tbo foot Iloo or tbo Nortbooot 1/4 or Nortooool 1/4 of Rortbooot 1/4 or Rootloo 0|«tboooo foot 10 ro4o to foot iloo of ool4 Rortbooot l/i or Itortbooot 1/4 or Nortbooot I/4 or Rootloo 0| tboooo Rotitb to fln% of ooglootoo, oil lo oo4 port of Rootloo 0, Tooooblp Ilf. Moooo RR| 4ioo 0 otrtf or lso4 R 1/4 foot o|4o 00 000b ol4o or o iloo 4rooo rroo o potot 00 tbo RorRi Iloo oT Rortbooot 1/4 or Rootloo 0, Toon.oKljLJUL7_._nAiijr.o_f_a_o_4.1o_i_miio_o_o_r_i5_lVb_tti4_«_loot_®r_IM_rilijB_ooJl___ . %UKJ U // ^d .'!h liv 0 ~u E /*•.... »• • ...'.* • *•••* • >< ••...* MM OATi ••/•S/99 ■ATCM SM HENNEPIN COUNTY PIOPERTY INFORHATZCM SYSTEH PROPERTY OWNERS LIST REPORT NO. PI4S54n PACE 10 PROP AOOR OWNER NAME TAXPAYER NANE/AODR SC 0C>U7-25 21 0002 04455 lAYSIDE RO NAP JOHNSON HARK S A PATRICIA P JOHNSON 4455 lAYSlDE RO NAPLE PLAIN HN 55S59 54 04-117-2S 21 0004 04495 BAYSIDE RO BAB KELLEY CERALD P KELLEY 1*925 CO RD NO 6 PLYNOUTH HN 55447 PROP AOOR OWNER NAHE TAXPAYER NANE/AOOR SB OB-117-25 21 4005 045*5 BAYSlOE RO PAS RENNEBOHN PETER A SHARON RENNEBOHN 45*5 BAYSlOE ROAO NAPLE PLAIN HN 55S59 SB OB-117-25 21 *00* 044*5 BAYSlOE RO BRENT A SHIANN JOHNSON BRENT A SHIANN JOWOSON 44*5 BAYSlOE RD HAPLE PLAIN HN 55S59 7^ ti OWNER NAHE TAXPAYER NANE/AODR SB 0B-117-2S 24 00*1 *0215 NORTH ARN LA C A PASS ET AL TRUSTEES JEAN T ARHSTRONO 255 ARH LA N HOUND HN 555*4 TOTAL BATCH 504 00007 .i'l i 1 CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORHATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HEHNEPIN COUNTY DEPARTNENT OF PROPERTY TAXATION^ TO THE BEST OF NY KNOWLEDGE AND BELIEF. DATE yr/, o -f * • JL h' TO: FROM: DATE: SUBJECT: Chair Hawn and Orono Planning Commission Members Ron Moorse, City Administrator Wendy Bottenberg, Assistant Zoning Administrator/Planner September 18, 2000 #26 17 Doug Olson and Barbara Bowers 2601 West Lafayette Road Variance -- Public Hearing Zoning District: LR-iB One Family Lakeshore Residential District (1 acre) List of Exhibits A Analysis Worksheet B Application C Addendum to Application D Site Plan/ Survey E Views/Floor Plan F Hardcover Calculations G Photo of Property H Location Map I Plat Map J Property Owner’s List K Permit Record Pertinent Code Sections 1. Section 10.22, Subd. 1(A): Lakeshore Setback Regulations: No principal building shall be located closer than 75 feet to the natural ordinary' high water mark of a lake abutting the property. To permit construction of a second story addition where a portion of the existing residence is located within 75' of the ordinary high water mark of Lake Minnetonka. • • 2. Section 10.22, Subd. 1 (B) and Section 10.56, Subd. 16 (C)(6): Average Lakeshore: The average lakeshore setback line shall be a straight line connecting the most lakeward protrusions of the residence buildings on the immediately adjacent lakeshore lots. To permit a variance to encroach 70' into the average lakeshore setback. Application Summary: The applicant has applied for variances to construct a secona Sioo’ addition to the existing residence. The addition is continuation of an ongoing remodeling project, ‘•Phase III”. The proposed addition will be approximately 1500 s.f. and over the east portion of the existing residence. In 1996 variances for lakeshore setback, average lakeshore setback and hardcover w:(- granted for “Phase II” of the remodeling project. This portion of the project consisted of to the existing residence including a room expansion on the south side of the house in the 7,-. . ■ .-one and a second story addition above the central portion of the house in the 75-250' zone. Addiuonally, the entire house and addition got a new 12:12 pitch roof system replacing the existing low 3:12 pitch roof. A portion of the existing house (approximately 30 s.f.) to have the second story addition is located in the 0-75' setback zone. Further, the entire house is located lakeward of the average lakeshore setback line as drawn between the two adjacent residences. The house sits on a point of the lakeshore. (Exhibit D). Douglas Olson'Barbara Bowers 2607 West Lafayette Road Variances~p. I Hardcover in the 0-75' setback area is 9.1%, and no hardcover changes are proposed. Hardcover in the 75-250' zone is 29.0%, and no hardcover changes are proposed. Note Orono policy states that a second story may be added when the foot print of the building is not increasing regardless of hard cover excesses, therefore a variance for hardcover in this area is not necessary. The adjacent residence to the southeast is on somewhat higher ground, and may currently enjoy minimal views over the existing residence, which may be reduced by the second story addition. However, the main views of the lake for that house are to the east and not affected. Existing vegetation will also act to limit neighbors’ views hence it is unlikely that average lakeshore setback is a significant issue for this property. No neighbors have indicated a problem to siaff as of this writing. Lot coverage by structures currently is approximately 8.8%, will remain the same and well within the 15% limitation. Statement of Hardship; The applicants have included their statement of hardship in Exhibit C. The applicants should also be asked for their testimony regarding this issue. I.ssucs for Consideration; 1. The second story is not changing the footprint of the existing residence. It is increasing living space but not increasing structural coverage or hardcover. 2. Are any neighbors’ views of the lake negatively impacted by construction of the second story. Is the shape of the shoreline sufficient hardship to justify the granting of an average lakeshore setback variance? 3. Although the lot size is conforming with an area of approximately 1.5 acres, nearly half of the lot is in the 0-75' setback zone. 4. Is the shape of the lot and the curve of the shoreline, as well as the fact that lake exists on both the north and east sides of the property hardships that are unique to the property? 5. Does the Planning Commission have additional issues or concerns with this proposal? Staff Recommendation; Recommend approval of average lakeshore setback and lakeshore setback variances for construction of a second story addition. U26I7 Doug Olson/Barbara Bowers 2601 West Lafayette Road Variances-p. 2 'll ANALYSIS WORKSHEET Lot Area; Structural Coverage; Hardcover Calculations; f) LR-IC Lot Area Required 21,780 s.f. (.5 acre) Actual 13,883 s.f. (.316 acre) Total Lot Size Total Structural Coverage 83,575 s.f.Allowed: 12,536.25 s.f. (15%) Existing: 6,868 s.f. (8.8%) Proposed: 6,868 s.f. (8.8%) No Change Distance from shoreline Total area in setback Allowed hardcover Existing hardcover Proposed hardcover 0-75*35,961 s.f.0 s.f (0%)3,273 s.f. (9.1%) No Change 3,273s.f (9.1%) No Change 75-250 ’29,551 s.f.7,387.75s.f. (25%) 8,750 s.f. (29.0%)No Change 8,750 s.f. (29.0%) No Change UBrfll Iliu III I ^11 u*AMirM^invM^rr*wmr.r^- 6 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) PROPERTY INFORMATION Site Address Z<^Q\ Wg5T UAfAX'eTTg , op.oi^o Property Identification Number (P.I.D.) 0003 Application # / 7 Date Received Amount Paid ^SiP60-CO s Attach legal description to application if not included on required survey. Date Property Acquired peiASXtP^ I (do)^o ^o^also own the adjacent parcels of land. Present use of property: X residentid ___other Xmonth/year) of property; Zoning District: other (specify). Phone (home) A11 ~ *T3SO Phone (work) Zip: APPLICANT Name OUSot^ 3 goiVe^S_____ Address: 2^e>\ VV. UAP^CTTg City” t>65l6>0<2./B.v'^ud<L ..QW?JER^(if different than ap plicant ) Phone (home) _____________/ v Name dP /L^\i& Phone (work) 12-1 Address: _______ City:jB2t4£L£iiii^=______Zip: 9? ^51 DESCRIPTION OF REQUEST Estimated Construction Cost $ ^o,ooo ________ Describe request in detail: ATTAt^gp*^_________________________________ (attach additional sheets if necessary) VARIANCES REQUIRED X Lot Area Lot Width X Setback:Front Side X Hardcover Rear Lot Coverage X Average Lakeshore Other (specify) HARDSfflP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing compliance with Zoning Code requirements:_____________________________________ _______________(see fi(nAch0P')___________________________ (attach additional sheets if necessary) REQUIRED SUBMITTALS All of the following information must be submitted bv the application deadline date in order for vour application to be considered complete: 1. 2. 3. 4. N/h 5. 6. 7. 8. Completed Application Form Certified Property Owners List of owners within 150’, labels and plat map (you must obtain this list, labels and map from Hennepin County Department of Finance, A-603, Govt Center, 348-5910). Certificate of Survey (signed by a licensed surveyor) and include hardcover calculations as required. In addition, provide one (1) copy ZVi' x 11" for reproduction. Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed. In addition, provide oiie (1) copy %'At' x 11" for reproduction. Sketches or plans of floor & elevation views (provide one (1) copy SYi" x 11"). 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 ymir varianee application is not complete if the above information has not been included^ APPLICANT’S SIGNATURE The applicant hereby agrees to provide all information requi’-ed or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or consultant expenses incurred in review of this application, and cert.fies that the information supplied is true and correct to the best of hi^ ler kimw^dge. Applicant's Signature a OWNER'S SIGNATURE The owner hereby acknowledges 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 verkficatiom9^ this request. Owner's Signature y Date e>-^^-Oo Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. Application # (Addendum) CITY OF ORONO - VARIANCE APPLICATION ADDENDUM TO APPLICATION FOR; Doug Olson & Barbara Bowers Residence 2601 West Lafayette Road, Orono, MN 55391 DESCRIPTION OF REQUEST History The applicant has previously gone through the variance process (File #2164) and successfully received a variance to renovate their existing house, even though it was a non-conforming lot. The house extends beyond both lakeshore regulations of the line of sight setback as well as the 75 ft. setback from lakeshore. Additionally, the house was well over the hardcover limitations. In the original renovation, some additional hardcover was added; however, in conjuntion with the renovation, a pair of significant portions of the driveway were removed and green-scaped. The original hardcover in the 75-250 foot zone, before the previous construction was 31%, and with construction concluded, the total is now around 29%. The original project was performed in two phases: [1] renovations to the interior of the Easterly half of the home, and [2] renovation and addition over the Westerly half of the home as well as exterior residing on the entire home. Current Situation The applicant now wishes to perform “Phase III” of their project, which entails the addition of a second fl.oor [approx. 1500 SF] over a majority of the Easterly half of the home. The scope of work includes a master suite, two additional bedrooms, and a guest bathroom, as well as the conversion of the existing master bedroom into a library. As mentioned earlier, the area to be expanded is within the lakeshore setback, a portion of which is also within 75 feet of the ordinary high water mark, and the existing hardcover (although no new additional hardcover is being added) on the lot is over the allowable amount. 1. Request for a variance from the average lakeshore setback (line of sight) to allow for the addition to be built over the existing one-story structure. The existing house is completely within this setback, as the house sits on the peninsula tract of the neighborhood. Refer to the site plan, area “A.” 2. Request for a variance from the 75-foot setba^'k from Lake Minnetonka. A significant portion of the existing house is situated within the 75-foot setback, and a portion of this area is desired to be raised to the two story area. Refer to site plan, area “B.” 3. Request for a variance from the hardcover requirements to maintain the current hardcover level as it currently exists. The new addition is scheduled to be built completely over existing hardcover, and no new hardcover will be added as a part of the proposed renovations. hardship /description of UNUSUAL PROPERTY CONDITIONS Unique to the land In question Upon quick review of the site, it is realized that it is nearly impossible to situate any structure on this property without ignoring some aspect of the current zoning ordinances. To maintain the line of sight setback on this property would require a new structure be built in the middle of their driveway. The intent of the line-of-sight ordinance is to prevent houses being built closer to the lake than their neighbors, thus cutting peripheral views from neighboring houses dramatically. This ordinance works for straight shoreline areas, but in the guise of a peninsula, its application isn’t practical. The current house, as it sits now, is not in any neighbor’s view of the lake. This would continue to be the case, even with the second story addition. Unique to the existing structure location The owners do not wish to require a variance from the 75 foot setback, but in order to make the addition practic d and architecturally appealing, it is necessary to place the Northern wall of the second story over the main level bearing wall. TTiis creates the space necessary for the third bedroom, and allows for an appealing, subtle and simple second story. Approximately 30 square feet of the new addition hangs into this 75 ft. setback area. •V U ij ^ ^ Unique to the current conditions This property, ar noted with provided hardcover calculations, is curr^’ntly a non-conforming property in regards to the hardcover levels on site. The add.;ion will not crca!__y n«w hardcover, and this is simply a request to allow the current hardcover levels to be maintained. No new hardcover will be added as part of this plan. APPLICANTS ’ LEGAL NAMES Barbara J. Bowers wife Douglas J. Olson husband u. > V.I —•'"’■J» a**#. P *>* at d i r J 1) ^ > sii a'K D .-33 i- X.V ■' f-\) 40^*^ '^ir*'*u>*« q5' 6e>bo-C.I^ SITE PLAI LEGEND r I IOC^Tlos^vf^o^><|^ l—.J UiiMosTovv□□ i(X‘AiK>N 09 riw»fustn Sfco*«nsroR> oicw Of Norfs AM o> ivinun ivisr l»'<rilE\ IUUStE\H^kL f I DfsorfS %M\f cf «oocotn»o^to L__I H%iir)co\t«ONrMviai'S tfxinoft, CESCRlPTIQM r Kl C and P. Rt^littrrd Land Surety No 131. Manntpm Couniy. GENERAL NQTP< • • Ctrottt iron mongmorH (^^nd • • Oonottt iron monumani $•! Ptopwty to Orivnrty 'osl ^eoltvkjint Bndi Pavtf^ Hovta Conatia Wa% Rtta^nirta W;| 13 37S aquaro foal 10 8S0 aqua o fool 711 0^jaro fool 100 aquaro fool 1 B07 aquaro faol 3 36S aquaro fdat a$4 aquaro fdol 163 aquaro fool r\nn .y MiiRnRfnf^ :;:j:|:!;!:!:':'::::‘:!i;i:i:;l 1.1 nRfljiMHIli in lIKlilllfO INMMM]FRONT ELCyAVON iCAL£t 1/4 - t -0* J>K£: S'Or (FAST) eteVATION SOMJt l/«'->‘-t>* 4'mwww k<l sneccccc ii !|!i A1 -4u„-------- •U) nnn /:r •. ;*.) R p^. ■••ir.ji' h in wr > k Siljj iiSI«I«ISI SillIII! A2 la. ruA..i i.wh-r.i.iu^fiAj -iia»^.'wTr^^fca,n^.«~~Tg,*nragiWh.'‘.ruru S3i^ or UPPER LEVEL FLOOR PLAN SCAL£t ‘V U. CJi tfj[ t £-j 'U> i ulllllll l^lllilll fseiiiiii siiiiiii l^[':c:c:c IfHfill ill A3 i=i 1 11 11 1 i I 11 t /\ \\ V iQr * 1 111 Iffff!HCAsr/viis 1r 1—1 dj MAf^/ LEVEL nOOR PLAN SCALiJ l/4*-l*-CI^ #Oi: •• *• d) U r.^!\ ! ‘L iiiimi iiiimii ^ECIIIIIIHimTTTI ^i'Oc:cc HiIII>w nil!I A4 n iimriTMi ■iiiiiiTTMi 111 hrirriftarraBa hardcover calculation worksheet SETBACK ZONE: (CIRCLE ONE) ^S-ISO* 250-500’500-1000’ yX!«sTlNC hardcover IN ZONE A. House ZS'_______ JC 2(J^Z Len|\h Wklt^ X X X B. Garage C. Driveway X X D. Sidewalk n<' 6d X X ZL -A' E. Paiio/Dcck X X F. Landscape Underlain By Plastic ZJ^X X X G. Other -r TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE ■7^ ________ "*■ ® ' y f^ftpn.SFD hardco ver TN zone A. House ________ * Lct 4^Wkhh X X X B. Garage C. Driveway X X D. Sidewalk //I X X 1.6 1.6 E. Patio/Dcck *o X X S3 S3 X 100 44^ F. Landscape Underlain By Plastic Z1 X X X I G. Other total hardcover in zone TOTAL PROPERTY AREA IN ZONE X 100 52^5 Z3a -TS 0>d 3.1"'^ I =1. la 11^ l?>o d\0 3,2.15 56> 10 S.F, A S.F. S.F. S.F. S.F. S.F. S.F: S.F. C S.F. D 5.f. D S.F. S: S.F. E; S.F. f' S.F. S.F. S.F. S.F. S.F. X S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. O S.F. S.F. ’ S.F. S.F. f S.F. S.F. S.F. C S.F. S.F. % []K1o Shorelm* Apr.l HARDCOVER CALCULA SETBACK ZONE: (CIRCLE ONE) 0-75’ ^WORKSHEET 250-500*500-1000' TiiM A. 1 n/\i House $66 /rrr?<Hec>X >e»2.l ta S.F. Length Width X =3 S.F. X S S.F. X *S.F. B.Garage ivicLvOe^ ihl AltiUBtVteuse -S.F. c.Driveway SBE- frrm^ep X S.F. X =S.F. ! D.Sidewalk $eE ^irt?ieH€S>X S 0^2-S.F. X .• S.F. E.Patio/Deck X ^.E>*IUCp S.F. 6\ X zs.o 88 ISO S.F. 62.- F.Landscape X I4•^2.m |4»SF. Underlain X •-S.F. By Plastic X -S.F. G.Other X a S.F. • TOTAL HARDCOVER IN ZONE •9,510 S.F. A TOTAL PROPERTY AREA IN ZONE m 7,41 SSI S.F. B A &.B7C?------*—------ H- B 2.4.SS\ X 100 2.4.0 % A B X 100 “% PROPOSED HARDCOVER IN ZONE A. House ______________ Length WidLh B. Garage C. Driveway D. Sidewalk E. Patio/Deck F. Landscape Underlain By Plastic G. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE -O I J CQ S.F. S.F. S.F. S.F. B X 100 -- - - - -- /-2.n .t>j % A B 12 HARDCOVER ADDENDUM (75’-250’) SECTION A: HOUSE AREA WIDTH LENGTH DELTA ARE^ A1 28.0 54.0 1512.0 A2 4.0 32.0 -32 SF 96.0 A3 5.5 22.5 124.0 A4 4.0 24.0 96.0 A5 4.0 29.0 116.0 A6 12.0 28.0 336.0 A7 2.3 30.3 70.0 A8 3.7 43.0 159.0 A9 24.0 43.0 -325 707.Q TOTAL HOUSE AREA 3.216SF SECTION C:DRIVEWAY AREA WIDTH LENGTH DELTA area Cl 4b 103 4944.0 C2 16 34 544 0 C3 3.0 30 ( -90.0) C4 pi 19*M 134.0) TOTAL DRIVEWAY AREA 4,264 SF SECTION D: SIDEWALK AK^A WIDTH LENGTH DELTA AREA D1 4.0 17.0 68.0 D2 6.0 3.0 18.0 D3 4.0 15.C 60.0 D4 12.0 11.0 132.0 D5 15.0 21.0 -15 290.0 D6 8.0 8.0 64.9 TOTAL SIDEWALK AREA 632 SF 'i c o tfcA" f’*-' h / • Ii W^‘'^:^: ,. .: I'iP.v ■.••• ■•■••c-'t-..--.■,;•••■ it * n- . ^ ' i- iu ? . V V / " ’. • V‘^ • ■•/'•'if^ • ' .r Pf|^ y :;5^ -'-r ■ y^'■ .Sr -'' ^ ^mfh- ' <■ • V ■ \i II! ;V. ^m •- ^ •’l ?•*•' .' /■• -. *.. -■:*• 9. * ^ ' -: ' »* >^***-r t;TTIl1 Sf..>*-' ^ • • •• #i'Nort rncfi wn k/«AK RO N v5>s'^ trench} <4if. -y L0ii;r I i M OBIT* !t pfioMtefinr••1 ■ohms!• * fomi £.t! J6001 «• /» • ORONC 1600 * • Crystal Qs V ‘ Bohnj Point .:^ • V ' Crystal Bay *.•'** • •*'**•• . . Lafayette *• V • • ••Country C ub •uoo \ V. • • • •• :V* • . ^MINNETONKA ^XSNOaCLINC o ^ 8%\ CO C«TtT*|L «srM|S AvrW xjL’.Iwic ttf m\ SSP .240f^ afayetteBa) ITOIAR V ay / ^,9 '^ Carman41/1^ • ^ - \vORO xiSw ) 5PRAY ISLAh Wi^sJs Locke Point ■n I ^ /- // t'- O A 1 »7 (4.- 4 i -SK.a U.U- ^ b tm .^ATE te/2i/«o •ATCH itl PEOf AOOR ONNil NAME TAXPAVEN NAHE/ABM ONNEN NAME TAXPAYER NAME/AOOR OHNER NAME TAl^AVER NANE/AON K HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST REPORT NO. PIASSAtl PACE 1 SO 21-117-23 21 C9E1 t2AC* WEST LAFAYETTE RD P R A L C EKHOLN PAUL R EKHOLN 2AIA NEST LAFAYETTE RD EXCELSIOR NN 55351 SO 21-117-23 21 •Rf7 t2AtS WEST LAFAYETTE RD • LION DLANKENSHIP •RADFORD A DEtRA DLANKENSHIP 2AA5 NEST LAFAYETTE RD EXCELSIOR HN 55331 TOTAL OATCH Stl AAAAA % 35 21-117-23 21 AAA2 A2AAA WEST LAFAYETTE RD ANN MATTHEWS ANN MATTHEWS 2AAA WEST LAFAYETTE RD EXCELSIOR MN 55331 35 21-117-23 21 AAA3 A2AA1 WEST LAFAYEHE RD D J OLSON A ■ J ROWERS OOUCLAS J OLSON 2AA1 WEST LAFAYETTE RO EXCELSIOR MN 55331 35 21-117-23 24 AA43 •2A1A WEST LAFAYEHE RD CYNTHIA N ENCOUXST CYNTHIA N ENCOUXST 2A1A LAFAYETTE RO W EXCELSIOR MN 55331 55 21-117-23 24 •449 •2415 WEST LAFAYETTE RO VICTORIA L OAGNE VICTORIA L CACHE 2415 LAFAYETTE RO W EXCELSIOR MN 55331 7T X CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS XT APPEARS THIS*DATE ON THE RECORD! OF THE HENNEPIN COUNTY OEPARTMENT OF PROPERTY TAXATION^ TO THE REST OF NY KNOWLEOCE AND RELIEF. . OATI MS PERMIT RECORD ‘^CsO! 60. *>c^: K Permit No.Date Type of Permit ^GQQ?/O-SXZ-?'/ (/S'SS./C- A Vj^oI -^3-.7Ja _"zZlri .Ct(- _.3242 _________ AM.L______ Z£^.Zz.Z^.. l^CobCr. -------C^c^oLcdt/l -------------------------- HiLL'^7___-_ II-^l'l____ • lo-' ' I'^IO /d' 5"fsi^fthtHiAiA )/LJ IS0^1 V'/ i’-‘? SLin _________ l-as-'^y 77 U e/\ ,?76.3 c3- /^- ^7 f%L ^/'V 9-7 I'll iV'^ Q/7/7-/«6f 7 ^Jiynt 1 6? '^<7- 97 Pm.. ' /C>-6-^7 5.- 77 mtudu |3 TO: FROM: DATE: Chair Hawn and Orono Planning Commission Members Ron Moorse, City Administrator Wendy Bnttenberg, Assistant Zoning Administrator/Planner September 18,2000 SUBJECT:#2618 John Walker 1368 North Arm Drive Variance -- Public Hearing Zoning Dbtrict: LR-IB One Family Lakeshore Residential District (1 acre) Lot Area: 31,305 s.f. (.72 acre) List of Exhibits A Analysis Worksheet Application Site Plan/ Survey Views/Floor Plans Hardcover Calculations Photo of Property Location Map P’at. Map Property Owner’s List Permit Record B C D E F G H 1 J Pertinent Code Sections 1. Section 10.24, Subd. 5 (B): Side Yard: Die minimum requirement for side yard setback in the LR-1 B zoning district is 10 feet. Variance Request: To permit a side yard setback of 4.5' where 1 0* is required. Application Summary: The applicant has applied for a variance to extend the front (street side) wall out 4' along a 20' section of the residence. The applicant is remodeling the existing residence and is requesting the extra 4* for garage space and a second floor bathroom. The existing residence was built in 1930 prior to current zoning standards. The residence is currently located 4.5* from the side lot line. The applicant tried very hard to remodel the existing residence and stay within zoning codes as much as possible. The 4' x 20' bump out will allow the applicant to work within the existing floor plan. The first floor is for additional garage space and the second floor is for a bathroom off the master bedroom. (Exhibit D). Each area will flow with the existing floor plan and aid in the functionality of their respective areas. The applicant is also constructing an addition to the northwest side of the residence and has been issued a permit for construction. The addition meets all the setback requirements for the LR-IB zoning district. The 4' X 20' bump out and addition will result in an increase of structural coverage on the lot to 2,244 s.f. (7.1%) where 1,312 s.f. (4.2%) exists and 4,695.75 s.f. (15%) is allowed. U26l8John Walker 1368 North Arm Drive Variances-p. I 2. The 4' X 20' bump out and addition will result in an increase of hardcover coverage in the 500-1000' setback area to 6,571 s.f. (20.9%) where 5,680 s.f. (18.1 %) exists and 10,956.8 s.f. (35%) is allowed. 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. iMues for Consideration : 1. Structural coverage is increasing but still below the allowed 15%. 2. Hardcover in the 500-1000' setback area is increasing but still below the allowed 35%. 3. The adjacent property to the east is set back further from the street and will realize no impact from the 4' x 20' bump out. ANALYSIS WORKSHEET 0 Lot Area: LR-IB Lot Area Required 43,560 s.f. (1 acre) Actual 31,305 s.f. (.72 acre) Structural Coverage: Total Lot Size Total Structural Coverage 31,305 s.f.Allowed: 4,695.75 s.f. (15%) Existing: 1,312 s.f (4.2%) Proposed: 2,244 s.f (7.1%) Hardcover Calculations: Distance from shoreline Total area in setback Allowed hardcover Existing hardcover Proposed hardcover 500-1000'31,305 s.f 10,956.75 s.f (35%) 5,680 s.f (18.1%) 6,571 s.f (20.9%) B CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee $250.00 (S50.00 per each additional variance) Renewal Variance Fee SI50.00 (no change from original application) Variance for non-conforming structures $250.00 After-the-Fact Fees (Double application fee) Application # <3^ / & Date Received B O Amount Paid PROPERTY INFORMATION p. • Site Address. 13 OS N • 1/Aa/J^I Property Identification Number (P.I.D.’l r>7->//7 A ttach legal description to application if not included on required survey. ( Date Ropet^ Actpiired, ------------------------------------------^(month^ear).; . I (do) (do not) also own the adjacent parcels of land. Present use of property: / residential ___pother (specify). Zoning District: ________________________— i*.-•K APPLICANX^ Name )-)Lf Lt2« Phone rhome ^^J^<»^~ Phone (work ) Citv: 0/~qL>q % OWNER (if different than applicant) Name_____________________ Phone (home). Phone (woric)_ Address:City:.Zip:. DESCRIPTION OF REQUEST Estin^ ^nstructiqn Cost $ Describe request in detail: ‘^■&L (attach additional sheets if necessary) VARIANCES REQUIRED Lot Area ___Lot Width )( Setback:Front inside Hardcover Rear Lot Coverage Average Lakeshore Other (specify) HABDSmP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS ^ f additi(attach additional sheets if necessary REQUIRED SUBMITTALS All of the following informarion must be submitted bv the application deadline date in order for vour application to be comidergd completer 1. 2. 3. 4. 5. 6. 7. 8. Completed Application Form Certified Property Owners List of owners within 150', labels and plat map (you must obtain this list, labels and map from Hennepin County Department of Finance, A-603, Govt Center, 348-5910). Certificate of Survey (signed by a licensed surveyor) and include hardcover calculations as required. In addition, provide one (1) copy 854" x 11" for reproduction. Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed. In addition, provide one (1) copy 814" x 11" for reproduction. Sketches or plans of floor & elevation views (i)rovide one (1) copy 854" x 11"). 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 your 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 expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. (Dv L(_9flQr^ Date Taoo OWNER’S SIGNATURE The owner hereby acknowledges 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 Signature i ___ Date 2.000 Applicant must have aff submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. \ S le 58*06' t 214.32■ MEASURED 215* SACA HILL REVISED S 17 li*20* W 205.66* MEASURED 205.75* SAGA HILL REVISED CO smcopY J0& »00-007 JOHN t PAT WALKER 1566 NORTH ARM DR. ORONO. MN 352-471-7171 IHOMtl 352-471-7305 (FAX) AML 4. 2000 K-. ' ,‘W4iw-;i<s.s !■.1. .... D 1 ©, xFP OMT ELE-VATIQ N SCAUt.: 1/6 *0 L ■ a H a.MiM-i -a '■ - AV . 'I* 4 -O’ ■7^ »-ir \ NOTt P^ICH LXI&T CONC ri.QOfi A( BtOUOCO M tNTRC ftAtCMCHT I NOW NCl raOVIDE TREATED PLAI^^V hEN FCLO vtary FCLO VtRFY vtart sKLvcs BtMO¥t TPC t CHMIKT UP TO MtCH. ROOM .t-5‘ CUT tWCT. rtooo ? JOICTC I ICAfi on n NtP f 2X4 CTJD VAU. FAN Is a n t OCMOVt CXICT STASVAT I MLO FLOOQ LCVtL TO WALL TYP. > MSTALL OWtCaS C CAftilCTC FLOOQ OQAM •<> FOiTi FTfl---- TO OJPPOQT THL 2i4 ^l »ump out III 2X6 UAM POC7 TO stat r ,2-0* N lW 6 <'//)'/A........ ///ilAtAlC OUT A 46* OODM IM LX16T. '§sm ^-----------2ZZZA/^ 1*0* ■7^ (K.M COAT ThC LXI&T cone 64.AQ •/ COLOQ FitU) YtftTT KlOHTC CQAWL SPACt tmCTMA tXlST OAAAOL ACt TMT rxitT. MAAOt 0000 «/ A lew owe 70 QATC^ T»C OTpCAC I ^oex nt txiST. MOLt -FCLO vtarY- I iOlAll OflCii A ACCtCC HOarOQ ftw A00ITIO4 t roo MtCH tOUMCNT fCLO eort PUROYt TMt tXlH -COWC PlANTUK on atiK)e Tie txicT. cowc. plantcas m TMt FWOirr I ttp :>« coti oF Fp. r m&QLt -F-tLO Vtart- ////////////!^ tXTCTNA FfitPLACt 66-2* «r PLANl-fr = A4r M 4o*-§ i/r \/r L2-0' OCPLACt tWiT inMOOV «/ MC« vmrY OCTAIL& OtOLACt CXttT. »flOOV «/ NtW VtBlf T Otr/ULfc WTt rCLO VtArY SOMt walls OQ all walls may pclo TO %L S^CtTaoCKCO OQ JUST PATCHLO OaSTMO ILOttOOM *2 •CW OOOQ VtAWT StZL L/\ tXlST. C lO. tXIST M AS left vtort lxistmo _^SgSffi!LSL- ftLrmsH habowooc rLOOQMO T»«s QOOM 1 1 A 1 I[l*QOTL: VtBTT ALL BATH 1 f 1 1 1 DIM.«>•1 1 1/2 WALL MM. ' 1 ki 1 1 1 1 1 1 1 1/STtP \ IMLO Ntw CLO mw 0Q&.OtLOCATT. TMt WALL —/\ /Vh CatATt A HAUj^ txis^V -----Q BtMOVt liS 5-1 •istall TC w CAftWCT I TOO tXiST MTH tXfST tui^ w/ icw rorruBLi MAT HAVt TO QtLOCATt OOOQ rCLD VtillfT WOTt riLLO VUWFT SOMC WALLS OQ all walls may NttO TO tt SYCLTOOCCtO OQ XmT PATC»CO tnsTiia SCOBOOM *> I I CHMNLV I L. ! r •fSTALi. NtW OOOQ f Btvtast THt SWIMO S-7* -7^ 2-y •r QLMOVt TK ng^STAMWAY CLOStT>HEULO ^LOOfl OYtQ ^ViiLO M Th L OQl**«ia ’’D MATCH tXlST VA lLS BAILMMTcsarasTvn^ir MASTCtt 6tt?«OOM bedroo M FIRE EXIT RFiOjlRhO 20" MIN CL3AR W'OTH 24" Mli'i. CLE/.r! HlilGHT 5.7 SQ. FT. MK4. 0'=’l:Ml;\.5 44* MAX. SILL HCiCiKT SPECIAL NOTE E attached sheet P fK^Yi‘m - JOE requirements PROVIDE PUMP AND/OR BG. ACCESS TILE UNACCEPTABLE GUARDRAILS 36* MIN. HEIGHT 4* MAX. OPEtJINGS r 89 :•'C/ I I VtaWT tXACT{ ; v< STAB LOCATIoiL^ m T>c rtLO ;! I 7-4- OlMOVt I»C tJOST MOM i Nt« I ^ CAQtO 0OL»M«0 CtXTtAir 0* PMLPwACt ir-S’: AJOT' BOO^ OVtB TrC AABAOC sa^M CLO BLMOVt Th I IKIST — CLOSLTS f iUXJ> xtw walx -ih -closct I wall scowct TTO CAiiicr w/r UBPCBS BtMCVt WOW set BtXT PLAN 'MSULATt f rSBSM WALL TO MATCi LTBIA walls -JL... MASTtCl KDftOOW CiTTMO ABtA MLY emST. WALL TO STAY I i cjcisr. wall to mMon nIIIIIIuNtw WALLS TO BULO NCW AODITXM BtMOVt Th I tXiST WOW S — f OOOQ M.0 PLiAlBAiO WA lL 1 1 ^ LKiSTMO rot PL Act \ few AOOTION BtMOVt extST. WtOOW tXIST. House rA5= .A ICLEONE) 0-75 75-23SETBACK ZONE: fiTtriT*^^ wAi^coVFtP 7N zone A. House Chtrnnc'f Length iP-2 Width 7L 3.5 .s 2 ^?7z 5 C. Driveway D. StdewaBt E - LlO g<g F. Landscape------------------- v *2. >* 3 Undcrlain5r«s.^^2r?»ii£a -----^ ^ By Plastic__________-— Or Fabric G. Other X total hardcover in zone total property area in zone •*■ ° S/£€>$ X tOO EBQPQS.SD A. House X Length Width X X X B. Garage C. Driveway X X X D. Mcm/k X X E Patio/Deck ----X X F. Landscape Underlaih^itP ___ 0-^ X 5- )3 ByPlasuc^lO^ Or Fabric I.X 1.6 a H 0. Other total HAKU uvTOTALP^^remA^INZ NE ^ aig£>5.xlOO ^-2S-o^ ^00-100^ _S.F. /z ■t 23./z S.F. S.F. S.F. 35 43?4/ CO 573Z. S.F. A _S.F I3i9^S.F. «0 S.F. S.F. ^3.F. S.F. ^041 S.F. S.F. S.F. A B I •»“-------------------------- . ' .. • j — --- ---... .........^ WL')> \y( . p • k -!Tv. mm r:; '‘’?*-V ■■• '■ ■rfc^RSafe :^; --4 : • V’iSiCF- . v ' ■ .C: rv /'■ ‘’•v'*. f|B[Kp!:'' '< r ♦' V ,p 4- ,.. .„ # >•- *-**^* • ■ ’ >.' .■?. • >- ' T V •* Si&jv r; t: t ^ i V-£^vJ-v . ' •f-' jjWiOirtT'T'i.'. ■ V'-.'' ‘V -r -- F *VC I N w :r m’-.M »^47.v«r - N - «# 4C0 CHIPPEWA U m THAIS ENO CM BAnOC OFOBI CM 0 EILEEN ST NIRTN . . dH'svv'-. jikeviev >* HEO OAK r R«4 Oak • MAP 61 » •AW ELM, WEST MANCM HD • • ^ • m* 8C0 Sire Jennings] Bay • ( // • .* \ • • V:t v.% ' •' • 7 •* ' ■" 4 • ^ R/yt.r \V '•• • . '. . ; ....' \:.C V .V • — • ' i • -• •^ %u ' Norti OAHL HD Fo hhan ^wLU ve « 4 AAAMIU Harrison ; * 9 chi *»r^ v' ^Ik' •ORONO Arm )T“$® ShadJ^ood Point \A DEERJNO ISLAND Cryst ■ \j U\i Fagerness Paint .. A -.i ^ a (80) X 8 \ ^ \ (®2) \ ,OT^l7-^%;, •%J ' ^ ' 1 ^-i (83) ^ '• ‘I r« xCF / ';\ -( ^ 8j^ to/ 9 / ,0^(84) A 1 \. \ \-d». PARK \ (85) / / \\ 15 f^^(69) ^to .V »/ ''"'/r.«/ 22 &/ ^/ / EQ» <v/ ^/ 21 S / C V(56)/(55)/(54)7«’^ 1-^/ ^ / I A'lS^ \ J \ • ( -•V 45 / / , ✓ ' SO ' / ' / ^rcooX'*/« «/ 17 ^'. ■'® (53)^ \ (52) \ SO ^ 50 ^*1 i *5 I X.X \ 8 «i (63)V 1 90 60 ; 50 50 50 • • • JiMito. RUN RATE M/24/tt iATCN Ml HENNEPIN COUNTY PROPERTY INfORHATlON SYSTEH PROPERTY OHNERS LIST REPORT NO. PXASMil PACE S2 ONNER NANE TAXPAYER NAffE/AODR PROP AOOR ONNER NAME TAXPAYER NANE/AOOR ONNER NANE TAXPAYER NANE/AOOR ONNER NANE TAXPAYER NANE/AOOR ONNER NANE TAXPAYER NANE/AOOR TAXPAYER NANE/AOOR SO f7-I17-2S A1 ttSt #1370 NORTH ARN DR C N OANICK I K L K OANICK KARI A CHRISTOPHER lANICX 1370 NORTH ARN DR HOUND NN 553M SO 07-117-23 41 0051 01305 SPRUCE PL CLAYTON R FUCHS CLAYTON R FUCHS 1305 SPRUCE PL HOUND HN 553M 36 07-117-23 41 0053 01374 NORTH ARH DR N E SUTHERLAND ETAL NILLIAN E SUTHERLAND 1374 NORTH ARH DR NOUNO NN 55344 36 07-117-23 41 0054 01346 NORTH ARN OR J N NALKER t P A NALKER JOHN N 3 PATRICIA A NALXER 1310 SPRUCE PL HOUND HN 55344 36 07-117-23 41 0054 •0036 ADDRESS UNASSXCNEO J N NAUER i P A NAUER JOHN N I PATRICIA A NALKER 1310 SPRUCE PL ffi 55344 36 07-117-23 41 0043 •1377 NORTH ARH DR J E HOROSHAK I A R NOROSHAK A R NOROSHAK 1 J E NOROSHAK 1377 NORTH ARH DR NOUNO NN 55344 36 07-117-23 41 0045 01347 NORTH ARH OR N D SCNLENER 6 C N OOYD N 0 SCNLENER i C N 50Y0 1347 NORTH ARN DR m 55344 36 07-117-23 41 0044 01341 NORTH ARN DR S N NALCHON t N NALCHON SCOTT N 6 NANCY NALCHON 1341 NORTH ARH DR NOUNO NN 55344 36 07-117-23 41 0064 61350 NORTH ARN DR R 0 TOOO 6 C TOOO RICHARD 0 t CAROL A TODD 1350 NORTH ARH DR HOUND HN 55344 36 07-117-23 41 0065 •1340 NORTH ARN DR J V 6ANOONE 6 N J JOHNSON J V CANDONE 6 N JOHNSON 1340 N ARH DR ORONO HN 55344 36 07-117-23 41 0040 •1355 NORTH ARN DR C TULLY 1 E CNALCREN C TULLY t E CHALCREN 1355 NORTH ARN DR NOUNO HN 55344 TOTAL OATCH 550 00014 36 07-117-23 41 0052 •1374 NORTH ARN DR NILLIAN E DONEN NILLIAN E DONEN 40 PARK LANE HPLS HN 55414 36 07-117-23 41 0055 01346 NORTH ARN DR J N NALKER I P A NALKER JOHN N 6 PATRICIA A NALKER 1310 SPRUCE PL HOUND HN 55344 ■V.i 38 87-117-2S 41 ffM •1349 NMTH ARN DR D J WHARRAN A L K WNARRAH DOniNlC 8 LINDA WHARRAN 1349 NORTH ARN DR NOUND NN 55344 58 f7-117-23 41 ••83 •13«« LONA LINDA AVE NAN KULENKANR HARK A A NANCY L KULEHRAHP 13t« LONA LINDA AVC NOUND HN 55344 58 97-117-23 41 •••9 •1299 LONA LINDA AVE J N CARY A D L CABLE JOEL N CARY A DIXIE L CABLE 129« LONA LINOA AVE NOUNO NN 55544 cf- maamm s^’ PERMIT RECORD Permit No.Date V-/S-- 7J L,93>i= fonsH n-V'oo iSm. Type of Permit '■-A^—/ amjj a I d Application Date: 60 Day Deadline: 8/23/00 10/22/00 TO:Chair Hawn and Orono Planning Commission Members Ron Moorse, City Administrator FROM:Paul Weinberger, Zoning Administrator/Planner DAT^:September 14,2000 SUBJECT:#2619 Paul and Denise Aasen 577 Park Lane Variances - Public Hearing Zoning District: Lot Area: LR-IB One Family Lakeshore Residential District (1 acre) 9,500 s.f. (.22 acre) Application Summary: The applicants have requested variances to permit additions to an existing residence. The additions would be for a living room, mud room and a covered entrance to the existing house. The following variances are required: 1.Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) (2): To permit 3,170 s.f. (55.1%) hardcover in the 75-250’ lakeshore setback, where 3,349 s.f. (58.2%) exists and 1,436.5 s.f. (25%) is allowed. 2.Section 10.24, Subdivision 5 (B): To permit a structural addition 6' from the north property line where 10' is required. 3.Section 10.03, Subdivision 14 (C): Lot coverage. The proposed structural coverage would be greater than 1,500 s.f. as permitted by the Code. Existing is a total of 1,579 s.f. of structure, where 1,911 s.f. has been requested. 4.Section 10.56, Subdivision 16 (C) (6) and Section 10.22, Subdivision 1 (B): To permit an encroachment into the average lakeshore setback for the family room addition where the deck is located and to allow improvements to the screen porch. List of Exhibits: A B C D E F G H I Application Hardship Statement Description of Request Plat Map Predevelopment Property Survey Proposed Development Property Survey Elevation Views Floor Plans Hardcover Calculations «26t9 Paul MHl Denise Aasen 577 Park Lane Variances - Public Hearing Page I i 1 Required Setbacks LR-IB Front Yard = 35' Side Yard =10’ Issues: 1. Conformity to Zoning Code and Comprehensive Plan The applicants have proposed to reduce the total hardcover on the property by removing part of the driveway that is not required for maneuvering vehicles. The building additions have been placed mostly over areas that contain hardcover. New hardcover would include the construction of a sidewalk to connect the garage to the house. The house is located 2.4' from the north property line. The addition of the mud room would be 6' from the north property line where a 10' setback is required. It replaces a landing and part of the driveway that would be removed. The additional 4' encroaching into the setback would be to allow for a '/2 bath to be located within the mud room. The family room addition would be within the average lakeshore setback. A large portion of the existing residence is located within the average lakeshore setback distance. No further encroachment is proposed than what exists. It is actually 2' less into the setback than the existing house. Structural coverage is over what is permitted for lots less than 10,000 s.f. in size. The property has 1,579 s.f. of structure where 1,500 s.f. is allowed. The applicants have proposed to increase the structure an additional 332 s.f. They had made an application for a building permit that was not approved due to the variances required. Staff has notified the applicants of the structural coverage limitations on the property and the need to show a hardship to require additional structure. The applicants have provided a hardship statement (attached as Exhibit B). 11. Dccks/Patios The proposed plan does not indicate any proposed decks or patios on the lakeside of the house. The hardcover that is proposed within the 75-250' setback does not allow for any additional hardcover in the future as further variances would be required. It would not be in keeping with the intent of the Comprehensive Plan or Zoning Code to permit additional hardcover on the lot in the 75-250' setback. The only way to accommodate decks or patios within the hardcover limits will be to reduce hardcover elsewhere. III. Surrounding Properties This lot is one of several 50' lots along Park Lane that are non-conforming due to the lot width and lot size requirements. All the surrounding properties are zoned LR-IB. The Code allows Iocs, including the applicants, that are less than 10,000 s.f. to have more than 15% structure. The lots ar: permitted to have 1,500 s.f. of structure. #2619 Paul and Denise Aasen 577 Park Lane Variances - Public Hearing Page 2 i staff Recommendation Staff is supportive of variances to maintain the screen porch area within the average lakeshore setback, and supports the reduction of hardcover on the property. However, the addition of332 s.f. on a lot exceeding 1,500 before the additions are placed on the house cannot be supported by Staff. The applicants do wish to discuss the issue with the Planning Commission for direction before review by the City Council. Options for Action ; 1. Recommend approval of variances. 2. Recommend denial of variances, stating reasons. 3. Table for additional information. 4. Other action. «26I9 PmiI and Dcniie Aasen 577 Pwk L«m Viriincn - Public Hearing Pifc3 ANALYSIS WORKSHEET Lot Area; LR-IB Lot Area Required 43,560 s.f. (1 acre) Actual 9,500 s.f. (.22 acre) Structural Coverage; Total Lot Size Total Structural Coverage 9,500 s.f.Allowed; 1,500 s.f. Existing: 1,579 s.f Proposed: 1,911 s.f Hardcover Calculations; Distance from shoreline Total area in setback Allowed hardcover Existing hardcover Proposed hardcover 0-75'3,754 s.f 0 s.f (0%)169 s.f (4.5%) No Change 75-250'5,746 s.f 1,436.5 s.f (25%) 3,349 s.f (58.2%) 3,170 s.f (55.1%) #3619 Paul and Denise Aasen 377 PaA Lane Vahanoas ~ Public Hearing Paged CITY OF ORONO - VARIANCE APPLICATION Initial 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) AppUcation # 2 C? 1 ^ Date Received 9 Amount Paid ^ t Uoal rtMcriotion to aoolication if not included on requi Froperty lacnujiwauuu * in — ---------------- Acach legal description to application if not included on required survey. _ . Date Property Acquired Will--------------------—;---------------------------- « fViA cii^tar^nf of laUQ.I (do) dSono® also own the adjacent parcels of land. Present ofproperty: a residential ___other (specify). • * A21oning District: 4-r)p.vy<^. A(^^ev\ Address: S‘7T ____City: (9vo(Vi Phone Phone fwotkl Zio: OW’NER (if different than applicant) Name ______________ Address:___________________ Phone (home). Phone (work). City;.Zip:. description of RECJUEST Ejtoted Cwtstrucdon Cost Describe request in detail::a\ii (attach additional sheets if necessary) VARIANCES REQUIRED Lot Area ___Lot Width Setback:Front Side Hardcover Rear A 1 Lot Coverage Average Lakeshore ___i,«rd<t,m or nractical difficulty or unusual propertv condjtions preventmg rmac)(^ (attach additional sheets if necessary) t B Variances Requested - Hardship: Ut coverage - the exi^g lot coverage is greater than 15%. the lot width and size are non-conforming the lot IS one of 6 “city ” size lots on the east side of the North Arm Hwdcover-the existing hardcover exceeds allowed coverage (58.28% vs. 25% allowed), the proposal reduces hardcover to 55.16% in the 75’-250 ’zone ^ ^tba(^. Side the existing structure is 2.4 ’ from the north property line, the proposed mudroom is 6' from the north property line Other -- the existing screen porch extends inside the average lakeshore setback, a variance may be needed to repair and improve the screen porch and second story deck that forms the roof of the screen porch Notes: The proposal does not change hardcover in the 0’-75* zone and reduces total hardcover in the 75’-250 zone by 179sqft. Structural haialcover increases by approximately 72 sq ft. Non-structural hardcover decreases by approximately 251 sq ft. ... L 'v I 1 i - c: > August 19,2000 Description of Proposed Work and Variances requested fori 577 Park Lane, Orono, MN Paul W. Aasen & Denise L. Duenow Aasen, Owners/Applicants Work to be done by Right Angle Building Coip. of Wayzata, MN Proposed Work: First rgroundl Floor: Addition-expand family room ftom 12.3 ’x 15 ’ to 24’x 15 ’. expansion proposed over existing deck (lakeside), deck is consideted structural hard cover (more than 30" aliove grade), deck size will be reduced from 18 ’xl5 ’ to 6*xl5* Addition - remove street side deck 5*xl6’, add mud room with '/a bath 8’xl5 ’, add 3.5’x4 ’ landing for mud room entiy ^ Addition - s^ off existing outside basement entrance (8’x4 ’). add new entiy on same foundation, also add a covered landmg (8’x4 ’) for new entry d^^** remove existing % bath on first floor, remove existing closet, replace/add windows and sliding I' ^ V Vl: Repair^prove repair screen porch and lakeside deck decking and railings and steps, replace second stoiy deck (over screen porch) with a permanent roof to reduce water damage to screen porch t Second Floor: Remodel - add a Va bath 6’xlO ’ in existing 2"“ bedroom • #• Addition/remodel — expand existing 2"^ bedroom over mudroom (final room 15 ’xl2 ’) Addition - add 2 bedrooms over expanded family room (both 12 ’xl2 ’) K '\ \C **••• Remodel — replace sliding door in master bedroom, replace master bath vanity, seal off master bath hallway entry Basement: Addition — new 12 xl 5’ basement room added under expanded family room Exterior: Remodel — re-side and re-shingle home and garage, replace skylights, add new access door to front of garage Mechanicals: Improvement - replace furnace and add air conditioning Driveway: Modification - remove 333 sq ft of existing driveway, add 108 sq ft sidewalk to mudroom entiy and new front entiy Landscaning/grading: After construction, all property will be returned to existing grade/conditions ^ r C(^ -111'd,3-(^D A # « • (22) iC:Ig 13 4 » <9 ^2 4 ^ (90) 1 9 o (92) ®50«c_\6 8 8 10 ^7 O (97) ® 8 .’a 1^ .'js *1 Oz oa Ou MC%fr ^ ■ri^) V ;! * i \ ••-V) OF LOT 12, BLOCK 6, MINNETONKA SUMMIT PARK HENNEPIN COUNTY, MINNESOTA i > i• ' -* LEGAL DESCRIPTION OF PREMISES,: Lot 12, Block 6. Minnetonka Summit Park o : denotes iron marker (954.0): denotes existing spot elevation, meon seo level datum Bearings shown are based upon an assumed datum. This survey intends to show the boundaries of the above described property, the locotion of o existing house and goroge, ond ihe location of oil visible "hardcover" thereon. It does not purport to show ony other improvements or encroachments. if fi ti. J /; is OF LOT 12. BLOCK 6, MINNETONKA SUMMll HENNEPIN COUNTY, MINNESOTA 1) Achwl clecL- Sw\rt«| A tawww U WO'fred'.-ftvt 1 ii VS-'u)ifc. LEGAL DESCRPTION OF PREMISES,; Lot 12, Block 6, Minnetonka Summit Pork o : denotes iron marker (954.0): denotes existing spot elevation, mean sea level Bearings shown are based upon an assumed datum. JiecL 3) Aleu; Bvdirw oUf o^bi^dflor 0\KifcJL ^ 0Kle*J + [aJL @ lOeJ sdHeuJfAVL J If Uecp j m4 IS-'x H ''CvJiUi \)C/ifc^vivr€{|[, (dll ot ^el datum ' ym This survey intends to show the boundaries of the above described property, the location of a existing house and garage, and the location of all visible ••hordcover" thereon. It does not purport to show any other improvements or encroachments. /Tb ^ ¥ T r i m i' I 9 W • !• ■;< - •= ■ • • * 0 •*•. A. I i‘» , s •1 1• 1 ••• 1 ' y '-^ “i- 'c^ \SS *9 \ k 80 ^zisszsssmss^sr^ V* p ^ N I >' _r 1j^U-J X 1 O o i ‘ HARDCOVER CALCULATIQTl WORKSHEET SETBACK ZONE: (CIRCLE ONE) 0-75* .TIQJtV (75-25^ r 250-500' EXISTTNC HARDCOVER IN ZONE A. House _____________ viteA.u;x& — Length I X X X Width B. Garage C. Driveway XXA X X D. Sidewalk X X E. Patio/Deck X X F. Landscapt Underlain By Plastic X X X G. Other ^v^t‘AC4j sm: A A TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE ______________ + B ____ + B fPOPOSEn HARDCOVER IN ZONE A.' House Length Width B. Garage X X X C. Driveway X X D. Sidewalk Ti'X X 4' E. Patio/Deck X-A.1^.X X F. Landscape Underlain By Plastic X X X G. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE B X 100 X 100 X 100 500-1000* lC(f) a.7 SI ilia ■xin ISll it q9G ic3 fICn 4i SJ. SJ. SJ. SJF. SJ. SE. SE. SE. SE. SE. SE. SE. SE. 'SE. SE. 4 SE. A L t SE. B_s:’± % SE. ____SE. ________SE. SE. SE. SE. SE. SE. SE. SE. S.F. SE. SE. SE. SE. SE. SE. A B 1 MINUTES OF THE ORONO PLANNING COMMISSION MEETING AUGUST 21,2000 ROLL The Orono Planning Commission met on the above date with the following members present: Chair Elizabeth Hawn, Conunissioners Jay Nygard, William Stoddard, Dale Lindquist, Janice Berg, and Daniel Kluth. Commissioner Sandra Smith was absent. The following represented City Staff: Senior Planning Coordinator Michael Gafiron, Zoning Administrator Paul Weinberger, Assistant Zoning Administrator Wendy Bottenberg, and Recorder Jackie Young. City Council Representative Charles Kelley was present. Chair Hawn called the meeting to order at 6:31 p.m. PUBLIC HEARINGS («1) #2571 DOUG AULT AND JIM GINTHER, 2739 SHADYWOCD ROAD CONDITIONAL USE PERMIT, 6:31 p.m. - 6:31 p.m. This application was tabled at the request of the Applicant. PLANNING COMMISSION COMME?i (#11) PLANNING COMMISSION tt^PPROV.^L OF MINUTES FOR JUNE 19,2000 AND JULY 17,2000 Lindquist moved, Kluth seconded, to apiy.rove the minutes of the Orono Planning Commission meeting of July 17,2000, as submitted. VOTE: Ayes 4, Nays 0, Berg and Hawn Abstained. Nygard moved, Lindquist seconded, to approve the minutes of the Orono Planning Commission meeting of June 19,2000, as submitted. VOTE: Ayes 4, Nays 0, Berg and Kluth Abstained. (#9) REPORT OF PLANNING COMMISSION REPRESENTATIVES ATTENDING COUNCIL MEETINGS JULY 24,2000 AND AUGUST 14,2000 Hawn stated she attended the August 14,2000 City Council meeting. Hawn commented she has no significant issues to report. Smith attended the July 24,2000 City Council meeting but was not present at tonight's meeting. PAGEl MINUTES OF THE ORONO PLANNING COMMISSION MEETING AUGUST 21,2000 PUBLIC HEARINGS (W) ACE PROPERTIES, 3349 CRYSTAL BAY ROAD - VARIANCES, 6:35 p.m. - 7:12 p.m. Gary Gniffke, Ace Properties Representative, Owner, was present. The Certificate of Mailing and Affidavit of Publication were noted Weinberger stated City Staff has reviewed the original submittal by the Applicants, with the Applicants being advised that the proposed house was too ambitious for the size of the lot and likely would not be ^proved. The Applicants revised their plans and have reduced the amount of structure and hardcover proposed on the property and is more consistent with the surrounding development. Weinberger stated the Applicants have attempted to relocate the house to be more in compliance with the side yard setback requirements. Weinberger stated the existing house and garage total 1,080 square feet of structure and are located one foot off the east property line. The proposed new structure consists «)f 1,082 square feet and would be located in the center of the property meeting the ten foot side yard setback requirements. Weinberger noted due to the small size of the property, which consists . 11 acre, makes it difficult to construct a house on the lot without the need for some type of variances. Variances are needed to permit 29 percent hardcover within the 0-75’ setback where 27 percent presently exists and 47 percent hardcover in the 75-250’ setback where 48 percent exists and 25 percent is allowed. Variances are also needed to permit the proposed residence to be located 70 feet from the 929.4’ lakeshore where 75’ is required. A variance to permit an eight foot rear setback where 30 feet is required is also needed as well as a variance to permit new construction on the non-conforming lot. Weinberger noted lot area is required to be one-half acre and lot width is 100 feet. Weinberger stated this lot has existed as a developed parcel for many years, with the proposed development being cortsistent with other new construction in the area. Weinberger commented the size of the proposed house is consistent with the size of the existing house, with the applicants having made every' effort to reduce the size of the residence. Weinberger noted some existing structure and hardcover located within on railroad property, which has not been calculated into existing hardcover figures, would be removed prior to construction of the new residence. Weinberger stated hardcover within the 0-75’ setback is required for driveway access to the property as Cry stal Bay Road is located within 75 feet of the lakeshore, with no other access being available to the property. City Staff recommends approval of the application. Gniffice had no additional comments Hawu inquired whether the structure meets the City’s height ordinance for this zoning district. Weinberger stated the height of the structure has been checked, w ith the overall height of the structure being 28 feet. Weinberger noted a neighbor did express some concerns regarding the PAGE 2 MINUTES OF THE ORONO PLANNING COMMISSION MEETING AUGUST 21,2000 (Ace Properties, Continued) height of the proposed structure. Weinberger stated the proposed structure is not technically encroaching upon the average lakeshore setback, but that there are some issues relating to the possible blocking of the neighbor’s view of the lake. Weinberger stated he has spoken with the neighbor regarding this issue. Weinberger noted the building inspector has verified the overall height of the building to be 28 feet. Berg commented she does have a concern with the height of the building. Hawn inquired what the other residences in the area consist of as they relate to height. Weinberger stated the adjacent buildings on average are one and a half story structures. Weinberger stated the house two doors to the west is similar in height to this proposed structure, with this residence having a smaller footprint and being located further from the lakeshore. Hawn commented that a number of houses in that area are currently being redone, and expressed concerns that the City may end up with a row of tail structures within 75 feet of the lakeshore. Hawn inquired whether the height of the structure could be reduced somewhat. Lany Palm, Property owner, stated they have revised their plans three times in an effort to comply with the City ’s ordinances, noting in their opinion this is the best plan possible in meeting the City ’s requirements and still having a house that is liveable. Palm stated if the height of house is reduced, they would end up with a tiny little box for a structure. Stoddard remarked he does not have a problem with the height of the structure if it is within the City ’s ordinance. Stoddard inquired whether the pitch of the roof could be altered somewhat to perhaps a 10/12 pitch. Gniffke stated they could possibly reduce the pitch of the roof somewhat. Stoddard inquired whether the Applicants have spoken with the adjacent property owners. Gniffke stated they have spoken with their neighbors regarding this proposal. Bradley Bakke, 7024 Wexford Road, distributed a letter to the Planning Commission members outlining some of his concerns regarding Resolution No. 3472, which was approved by the Orono City Council in 1994. Bakke stated the Planning Commission had recommended approval of the Resolution based upon Item U3, that the deck and rails would not create a new view encroachment for neighboring properties. Bakke inquired whether it would be appropriate for the City to approve this application in light of the resolution. Bakke stated the present structure does not encroach upon his view of the lake, noting he is presently able to see over the top of the garage. Bakke stai^ if the height of the structure exceeds the height of the deck, he will no longer have a vie^v of the lake, which w as one of the conditions approved in the 1994 resolution. Bakke commented if the Applicant is allowed to construct a t\NO and a half story structure within 75’ feet of the lake, it will also adversely affect the sunlight he receives and northwest wind onto his property. Bakke noted the City Council found that the 1994 variance would not adversely affect the light nor air of the neighboring property. PAGES MINUTES OF THE ORONO PLANNING COMMISSION MEETING AUGUST 21,2000 (Ace Properties, Continued) Bakke expressed concerns regarding drainage should the land elevation be increased along the new structure, and requested that the existing driveway be eliminated next to his existing driveway and be planted with growing lav-m or landscape should the driveway be relocated. Hawn noted the neighbor has concerns relating to height since it would block his view of the lake, hardcover issues relating to the existing driveway, and would like the residence to be located further back. Hawn indicated this would be considered new construction, with a variance needed to build on the property since it is a non-conforming lot. Hawn stated this proposed building would be located behind the average lakeshore setback, noting that every house located on this block is also located within the average lakeshore setback. Bakke stated his view of the lake is a very important issue to him. Kluth commented a change to the height ordinance would be necessary in order for the Plaiming Commission to require the Applicant to reduce the height of the structure. Kluth noted the structure is below the ma.ximum allowed by the City's ordinance. Weinberger stated one issue for the Planning Commission to consider is the portion of the house that would be located within the 0-75 ’ setback. Weinberger concurred that the proposed structure does meet the City’s height ordinance. Weinberger noted the existing building is located just over six feet from the property line, with the new structure to be located 13 feet from the lot line. Lindquist commented if the structure were located 75’ from the lakeshore, the house would be three feet from the rear property line. Hawn commented the City needs to be aware of the increasing height of the structures in this area and that perhaps a review of the ordinance is in order. Ha\vn noted the Planning Commission is not in a position to say that the Applicant cannot build the structure to the proposed height, but can look at whether the structure should remain out of the 0-75 ’ setback. Hawn commented the real issue before the Planning Commission is the location of the proposed structure. Gniffke stated they have made an effort to purchase that piece of property from the railroad, to no success. Gniffke stated they have attempted to address the loss of view. Hawu inquired whether the Planning Commission would like to see the house relocated out of the 0-75 ’ setback. Lindquist commented in his view ’ they should stay w ith the eight foot rear yard setback. Nygard commented it would be difficult to reduce the rear yard setback to three feet. Nygard noted the existing carport is still further forward than the proposed house, with the proposed new house largely offsetting any encroachment into the side yard setbacks. Berg commented she would still like to see a different pitch on the proposed residence even though what is currently proposed is allowed under the ordinance. GnefHce stated he is willing to reduce the pitch to 10/12. PAGE 4 I MINUTES OF THE ORONO PLANNING COMMISSION MEETING AUGUST 21,2000 (Ace Properties, Continued) Stoddard stated he would like to review the height ordinance in a workshop setting. Stoddard stated the Planning Commission needs to review the applications in relation to the City’s ordinances and needs to act on the application that is currently before the Planning Commission tonight. Stoddard moved, Kluth seconded, to recommend approval of Application #2593, Ace Properties, 3349 Crystal Bay Road, granting of the variances outlined in the August 16, 2000 Planner's Report, with the condition that the pitch of the roof will be reduced to 10/12 prior to City Council review. Gaffiron noted no variance is needed for lot coverage if the structure is to consist of 1,082 square feet, but recommended the Planning Commission make a finding that that variance is not needed. Hawn noted no variance is needed if the structure is under 1,500 square feet or 15 percent, whichever is greater. Stoddard moved, Kluth seconded, to amend his motion to include the finding that no variance it needed for lot coverage since the proposed structure is under the 1,500 square feet allowed by ordinance. VOTE ON THE AMENDED MOTION: Ayes 6, Nays 0. SCHEDULED PUBLIC HEARINGS (#3) #2550 CHARLES VAN EECKHOUT, 120 BROWN ROAD SOUTH, PROPOSED SEVEN LOT PLANNED RESIDENTIAL DEVELOPMENT, 7:15 p.m. - 7:46 p.m. John Bergh, Louck’s & Associates, appeared on behalf of the Applicant. The Certificate of Mailing and Affidavit of Publication were noted. Weinberger stated this application was tabled by the City Council at its February 14,2000 meeting to allow the Applicant time to review two primaiy' issues that were being discussed in relation to this development. Weinberger stated this develc^ment is located on South Brown Road and consists of approximately 20 acres, 14.1 acres of which are dry buildable. Weinberger stated the last plan by the Applicant was proposing to gain access to this development through a tract of land owned by John Durm. The Applicant has indicated he is unable at diis time to obtain a roadway easement to access Brown Road and has submitted a new plan that requests access to the lots from Apple Glen Road, which is a public road owned and controlled by the City of Long Lake. Weinberger noted the Applicant has requested Long Lake grant road access from Apple Glen as well as connection to sewer. The City of Long Lake is requesting the City of Orono review this plan prior to their review. Weinberger stated the revised plan shows Apple Glen Road being extended, with another road PAGES MINUTES OF THE ORONO PLANNING COMMISSION MEETING AUGUST 21,2000 (#2550 Charles Van Ecckhout, Continued) with two cul-de-sacs on the north side to serve those four lots. Weinberger indicated the Applicant has completed the additional soil borings necessary to determine the total dry buil^ble area of tlte property. The wetlands in this area have been re-evaluated and it has been determined that two wetland areas originally identified as wetland should not have been, with the total land designated as wetland on this property consisting of 6.05 acres. This results in a total dry buildable area of 14.1 acres. Weinberger noted the nvo acre ypning of the property would allow a maximum of seven lots based on one residential unit per two acres should the PRD be approved. Weinberger stated the second issue was to secure access to this property, which is not currently resolved. Weinberger stated in order for this subdivision to be approved, a conditional use permit for a Planned Residential Development needs to be approved, which would allow the property to be developed at a two acre density using cluster development and preservation space. Weinberger noted a road width variance and a variance to allow the road to be developed at less than the minimum requirements is requested, with the Applicant requesting to construct a 24 foot roadway. Weinberger noted City Code requires a minimum paved width for roadways serving seven or more sites to be constructed at a 28 foot width, with Apple Glen Road being 26 feet wide. Weinberger stated since this property is outside the MUSA area, it would require an amendment to be approved by the City Council and the Metropolitan Council to provide sewer to the site, with approval by the City of Long Lake also being necessar>’. Weinberger stated access to sewer is available along Apple Glen Road. Weinberger stated this area lies within the Tanager Lake drainage district. The DNR has requested that the wetland area on this property be protected by the granting of conservation easements on all wetland areas, the Long Lake Creek, and all the property south of the creek, with open space being preserved south of the creek. The Applicant has agreed to place conservation and open space easements to protect the creek and to maintain the natural buffer bet>veen the trail and the developed land north of the creek. Weinberger stated City Staff feels the proposed preliminaiy plat is in a format that could be recommended for approval subject to ^e following conditions; 1. Prior to City Council approving the Preliminary Plat, the Applicant shall secure access from the City of Long Lake to Apple Glen Road, be approved for sanitary sewer connection, and the Met Council shall approve a MUSA extension. 2. The road shall be constructed to a width consistent with road dimensions of Apple Glen Road. The City of Long Lake shall be requested for comments regarding construction and maintenance of the road. 3. Standard drainage and utility casements along the property lines will be required for final plat. 1-J‘i•I PAGE 6 MINUTES OF THE ORONO PLANNING COMMISSION MEETING AUGUST 21,2000 (#2550 Charles Van Eeckhout, Continued 4. Granting of Conservation and Flowage easements across the wetlands and ponding areas located within the development. Language in the easement documents shall restrict land alteration and removal of vegetation in all wetland areas and within 75’ of Long Lake Creek. 5. Conservation easements shall be granted over the conservation areas on proposed lots 3,4,5 and 6. 6. Drainage easements shall be dedicated on the plat across drainageways and pond areas. 7. Utility and Roadway easements shall be granted over Outlot A. 8. Subdivider shall satisfy all concerns and requirements noted in the letter dated August 14, 2000, by the City Engineer. Bergh commented the first concern expressed by the Planning Commission at the last meeting was the small lot size on the north, noting the consensus was to either eliminate a lot or to achieve bigger lot spacing. Bergh stated by having the roadway as proposed, it will create a better roadway system and affords the developer the ability to spread the lots out more. Hawn inquired what the size of the lots on the north side is. Lindquist stated he would like to know the dry buildable area on each lot. Bergh indicated he does not have the numbers with him tonight, but to his recollection Lot 1 is just over three-quarters of an acre, all dry buildable; Lot 2 is approximately eight-tenths of an acre, with approximately 80 to 90 percent dry buildable; Lot 7 is all dry buildable, and Lot 3 is approximately 30 percent dry buil^ble but still contains a large dry buildable area consisting of approximately thr^-quarters to one acre. Hawn noted the City of Orono has received two letters firom residents of Long Lake opposing the extension of Apple Glen Road. Hawn noted when the wetlands were remeasured, there was mention made to a ditch that apparently was not there in 1996 and also to some fill that hadn't been there in 1996. Hawn inquired where the ditch and fill came from. Bergh stated he is uncertain of the exact histoiy of the ditch and fill, but a wooden ditch exists in the area, with the creekway having been re-dug, which reduced the water level in this area, and resulted in the area becoming dry buildable. Bergh stated the only fill he is aware of is in the area of Lot 7. Tom Woolin, 20 Apple Glen Road, stated Apple Glen Road currently has a cul-de-sac, which he would like to see remain. Woolin stated he is opposed to the extension of the road due to the extra traffic that it would bring and the additional safety concerns for the young children in the area that would result from the added traffic. Melanie Wollin stated she is in agreement with her husband. PAGE 7 MINUTES OF THE ORONO PLANNING COMMISSION MEETING AUGUST 21,2000 (#2550 Charles Van Eeckhout, Continued) April Bresner, 50 Apple Glen Road, expressed concerns with extension of the street since Apple Glen Road is a narrower road and the added traffic. Mary Ann Hansen, 64 Creekside Drive, Long Lake, stated it v^s her understanding this area was part of a state refuge when she purchased her property three years ago. Hansen stated there currently are signs denoting the area as a state re^ge, with a targe number of wildlife living in the area. Ken and Judy Bigelow, 32 Apple Glen Road, stated they were opposed to the e.xtension of the road. John Dunn, 20 South Brown Road, stated he owns the adjoining property to this development, and it is his impression the Applicant has done quite a bit of ditching on the property. Dunn also expressed concern regarding the small size of the lots. April Bresner questioned whether once an area is designated as a wetland, regardless if a ditch is constructed and the area is now deemed dry buildable, if that area is still considered to be a wetland. Stoddard stated there are many standards that go into designating an area as wetland, with the presence of water and flora being the two primary criteria used in determining whether the area should be considered a wetland. Stoddard stated the characteristics of the land can change. Stoddard stated the DNR can designate certain areas as wetlands, with the City of Orono protecting additional wetland area beyond the DNR designations. Bergh noted diis area has never been delineated as a wetland. Weinberger stated the original delineation for this area was revised, with the area in question not being designated as a wetland. Hawn commented she has some concerns regarding the sand and fill having been found. Hawn inquired if City Staff has any information concerning where that fill may have come from. Weinberger stated the only information the City has is that it may have come from the excavation of the creekbed area. Weinberger stated he is not aware of when the area may have been filled or where the area was filled. Hawn commented it is her understanding this area was wetland in 1998 Dunn stated he has seen backhoes and tractors at various times in that area, which in his opinion was done in an attempt to lower the water table in that area and to create a buildable area. Hawn stated she does not know whether that is in fact the case. Dunn stated from a lay person’s perspective, something has occurred in the area to have lowered the water table from what it was in 1998. PAGES ku&iii MINUTES OF THE ORONO PLANNING COMMISSION MEETING AUGUST 21,2000 (#2550 Charles Van Eeckhout, Continued) Bergh stated if this area was truly a wetland area, excavation of the creek area would not result in a lower water table. Bergh stated it is his understanding from Mr. Sobotta and Mr. Van Eeckhout is that the watershed going away from this property was lowered at some time and lowered the water table in this whole area. Bergh stated by digging the creekbed out would result in the creek being filled with water if this was a true wetland, which has not occurred. Bergh stated the outlet was changed to the east of this property somew ’here, which resulted in the lower water table, and he is not aware of where that change occurred. Hawn conunented the Planning Commission will probably not be able to gain a clear understanding of the ditch and fill at tonight ’s meeting. Hawn expressed a concern regarding the small lot size. Lindquist commented the Planning Commission is looking at some very small lot sizes, noting he cannot support a project with those lot sizes. Lindquist noted there is a feir amount of opposition from the residents of Long Lake to the extension of Apple Glen Road. Hawn concurred that there is not a lot of support for the extension of Apple Glen Road among the residents of Long Lake. Kluth commented the minutes reflect that the Planning Commission has expressed concerns on a number of occasions regarding the small lot size, with a recommendation being given to lower the number of lots in this development. Hawn conunented the amount of dry buildable was increased slightly. Lindquist indicated the size of the lots still remain relatively small, and reiterated he would not be in support of the development as proposed. Stoddard noted he was in agreement with Lindquist. Kluth noted the City Council minutes reflect that hookup to sewer would not be allowed if it increased lot density, noting the City Council would prefer to see a two acre minimum. Kluth pointed out the Applicant %vas requested to address the issues relating to dry buildable and access. Bergh stated the overall average for the lots in this development are a little over two acres with respect to the PRD. Hawn conunented that there are some minimum sizes that people tend to be interested in regardless if the overall lot size is above the two acre minimum. Lindquist stated the Planning Commission can either act on this application tonight, which in his view it will be denied, or the Applicant can request the matter be tabled. Bergh requested the Planning Commission act on the revised plan. PAGE 9 MINUTES OF THE ORONO PLANNING COMMISSION MEETING AUGUST 21,2000 (#2550 Charles Van Eeckhout, Continued) Hawn moved, Kluth seconded, to recommend denial of Application #2550, Charles Van Eeckhout, 120 South Brown Road, due to the concerns expressed regarding access and small lot size. VOTE: Ayes 6, Nays 0. Hawn stated the Applicant should obtain additional information regarding the ditch and fill in this area prior to appearing before the City Council. Beigh indicated tonight was the first time he became aware of it. Weinberger noted the City has requested an updated wetland delineation report and explanation regarding the fill. Hawn pointed out a hearing will also be held before the Long Lake Planning Commission and City Council regarding extension of Apple Glen Road. CONTINUED PUBLIC HEARINGS (#5) #2603 JAMES RENCKENS, 3020 WATERTOWN ROAD, CONDITIONAL USE PERMIT AND VARIANCES, 7:47 p.m. - 7:52 p.m. Todd Irvine appeared on behalf of the Applicant. The Certificate of Mailing and Affidavit of Publication were noted. Bottenberg stated the Applicant is requesting a variance and conditional use permit to permit the removal of approximately 1,600 yards of fill out of a City of Orono protected wetland. The pond would consist of approximately 16,000 square feet of surface area, with the maximum depth being proposed at five feet. The proposed slope would be a 10:1 ratio. The wetland would become a wildlife habitat pond with water and a nesting island in the middle. The fill will be used to form berms on the left and right sides of the drivetNay along Watertown Road and a berm south of the pond. City Staff feels the excavation of the wetland will make it a Type 4 wetland, with the proposed land alterations resulting in a positive improvement and provide a higher quality wetland for wildlife and stormwater management functions. Bottenberg stated the proposal has been submitted to the Minnehaha Creek Watershed District, with the Applicant being granted approval with conditions, including a requirement for security to ensure completion of requirements. The conditions have been met and the permit has been issued. The City Engineer has also reviewed the proposal and has recommended approval. City Staff recommends approval of the application subject to the conditions outlined in the August 21, 2000 Planner’s Report. Todd Irvine, Landscape Architect, stated he has no additional comments. Hawn indicated she has no problem with this application PAGE 10 MINUTES OF THE ORONO PLANNING COMMISSION MEETING AUGUST 21,2000 (#2603 James Renckens, Continued) Lindquist inquired whether this area will be left as a wildlife pond. Irvine stated it will be left as a wildlife area, \vith the area not being mowed. Irvine stated the area will be reseeded with native grasses. There were no public comments on this application. Lindquist moved, Berg seconded, to recommend approval of Application #2603, James Renckens, 3020 Shoreline Drive, granting of a conditional use permit and variances to permit the removal of fill out of a City of Orono protected wetland, subject to the conditions outlined in the August 21,2000 Planner’s Report. VOTE: Ayes 6, Nays 0. Item #6 follows Item #8. (#7) JOHN DOLEMAN, 1680 SHADYWOOD ROAD, VARIANCE, 7:53 p.m. - 7:59 p.m. John Doleman, Applicant, w’as present. Bottenberg stated the Applicants are requesting variances to remove an existing street side stoop and step and replace it with a porch/entry way to the residence. The new entry way/porch combined will extend the entire back of the residence, which will provide better access to the house and flow better with the existing floor plan. The new entry way/porch consists of approximately 2S6 square feet. Bottenberg stated the porch would be considered outdoor space and not additional living space. Average lakeshore setback is not a concern because the addition is on the street side of the residence. The entry way and addition meet all the setback requirements for the LR-IC zoning district. A variance to hardcover in the 73-250’ setback is required. The addition will result in a reduction of hardcover in the 75-250’ setback are to 39.5 percent where 41.22 percent exists and 25 percent is allowed. A variance to structural coverage is necessary' since the addition will result in an Increase of structural coverage on the lot to 16.3 percent where 14.69 percent exists and 15 percent is allowed. Hardcover is being reduced because the Applicant has proposed to remove landscape plastic and part of a sidewalk. Doleman had no additional comments. Hawn inquired whether the Applicant could speak to the issue of hardship. Doleman stated Staff has advised him that there is a 15 percent structural coverage limit I&wn commented normally a hardship Is based on the topography of the land, which in her view has not been demonstrated here. PAGE 11 5 i t a t i i MINUTES OF THE ORONO PLANNING COMMISSION MEETING AUGUST 21,2000 (#2603 James Renckens, Continued) Doleman stated the only way he could comply with the 15 percent structural coverage limit would be to reduce the porch to two feet. Hawn inquired whether the length of the porch could be reduced somewhat rather than have it the whole length of the house. Doleman stated he possibly could red*'ce the porch somewhat but he would still have a difficult time meeting the 15 percent limit and having the porch be practical. Kluth commented he is particularly sensitive as it relates to structural coverage on lake lots due to The impact that hardcover and structural coverages have on the area lakes. Doleman inquired whether a reduction in hardcover would help the lake. Hawn stated a reduction in hardcover does lessen the impact to the lake, but that the Planning Commission docs not generally trade hardcover for structural coverage. Hawn indicated the Planning Commission encourages the reduction in hardcover whenever possible. Lindquist stated he concurs with Hawn Stoddard stated this is a difficult application to approve since the Planning Commission normally docs not grant structural coverage variances unless a hardship is demonstrated. Stoddard indicated the Planning Commission is a recommending body to the City Council and that the City Council may or may not approve this iq)plicatioa. Lindquist stated the Planning Commission can either table it to allow the Apaiveant time to revise the plans or vote on the application tonight. Doleman requested the Planning Commission vote on his application tonight. Lindquist moved, Kluth seconded, to recommend denial of Application #2605, John Doleman, 1680 Shadywood Road, based on the proposed structural coverage exceeding the 15 percent limit and no hardship being demonstrated. VOTE: Ayes 6, Nays 0. SCHEDULED PUBLIC HEARINGS (#4) #2596 BRENSf'ELL HOMES, 1181 WILDHURST TRAIL, PROPOSED FIVE LOT SUBDIVISION WIT1.» DEVELOPMENT OF GARDEN LANE AS A PUBLIC ROAD, 8:00 p.m. - 9:37 p.m. Steve Behnke, Brenshell Homes, was present The Certificate of Mailing and Affidavit of Publication were noted. Weinberger stated the Planning Commission had reviewed this application at their June meeting, which consists of developing a seven acre site located on Wildhurst Trail. The ^plicant has PAGE 12 MINUTES OF THE ORONO PLANNING COMMISSION MEETING AUGUST 21,2000 (#2596 Brenshell Homes, Continued) revised his plans and is now proposing access via Garden Lane. The previous proposal had shown six lots, with some issues relating to drivcvN'ay access to the property and drainage concerns. The Applicant has reduced the number of lots to five in response to the concerns of the Planning Commission as well as addressed the issues relating to grading and drainage. Weinberger stated in response to the concern about protecti on of the ravines and controlled water runoff to properties east of Wildhurst Trail, the Applicants have revised the grading plan and addressed the issues by directing drainage to two stormwater management ponds. The City Engineer ha.<: reviewed the grading and drainage plan and has determined the drainage has been preliminarily approved. Both of the proposed ponds will reduce the amount of water nmoff to what actually exists today as well as providing skimming to allow the water to be treated prior to leaving the site. Weinberger noted this plan would also be subject to review and approval by the DNR and the Minnehaha Watershed District. Secondly, the issue relating to street access has been addressed by revising the plan to make a 90 degree controlled intersection with Garden Lane. The northerly ravine in this development would be protected by a conservation easement and a lot has been removed that would have required access around the ravine. Weinberger stated the number of proposed lots has been reduced from six to five based on the recommendation of the Planning Commission, which has resulted in each lot meeting or exceeding the one acre minimum lot size. Weinberger stated City Staff is strongly recommending the developer not disturb the trees and grades east of the cul*de*sac along Wildhurst Trail. The portion of the sewer that would be installed would be installed between Lots 2 and 3 and along Wildhurst shall be directionally bored to prevent any disturbance to the steep slopes, which would eliminate the need to close access to properties north of the proposed improvements. Lot width \rariances are required for Lots 2 and 3. The LR-IB zoning district requires a minimum lot width of 140\ Both lots have approximately 120’ of width at the required structure setback. Weinberger indicated the City of Orono has approved lot width variances for lots which front on a cul-de-sac that demonstrate suitable building sites and meet the minimum lot size requirement. Weinberger stated the City’s Comprehensive Plan suggests properties within urban density and urban services be served by a public road. Staff recommends the new roads to this development be public, with tlie cul-de-sac providing an emergency turn-around. City Staff recommends approval of the proposed preliminaiy plat subject to the following conditions: 1. Lot width variances be approved for Lots 2 and 3. 2. Drainage and utility easements be dedicated on the final plat 10 feet along exterior property Lines and five feet along interior property* lines, stormwater detention ponds located on Lots 1 and 5. 3. Drai lage easements shall be dedicated for the lower ravine located on Lot 2. PAGE 13 MINUTES OF THE ORONO PLANNING COMMISSION MEETING AUGUST 21,2000 (1^2596 Brenshell Homes, Continued) 4. A conservation easement be placed over Outlot A to protect the ravine from any land alteration and vegetation removal. 5. Utility installation shall require directional bored lines under Wildhurst Trail and between Lots 2 and 3. 6. The subdivider shall satisfy all concerns and requirements noted in the letter dated August 15, 2000, by Tom Kellogg, City Engineer. Behnke stated following the last meeting after a request was made to table the application, a discussion was held with a number of the residents in the lobby of City Hall. The residents expressed three major issues; one, a desire for no development; two, improve the runoff; and three, less density. Behnke stated given those concerns expressed by the residents and the concerns of the City Staff and Planning Commission, they have revised their plans to meet as many of those concerns as possible. Behnke stated in discussions with the City Engineer, reconunendations were made to redirect the water runoff from this site, which has been resulted in a reduction of the water flow leaving the site near the south ravine of 91.5 percent. Behnke stated in a 100 year flood, the normal flow would be seven cubic feet per minute to .6 cubic feet per minute, or a reduction of 91.5 percent. Behnke stated the ponding near the north ravine has resulted in the water runoff remaining the same as what currently exists now. Behnke stated he is in agreement that tne roads should be public to this development. Behnke stated he does not have a problem with the conservation easement for Outlot A. Behnke noted they have Just received Staffs report today, and in discussing the sewer wirH Jie directional boring contractor, Behnke noted they are in agreement w ith Staff s recommendation, which will result in a much lesser impact on Wildhurst. Behnke indicated the residents along Wildhurst will still experience some road construction for a one or day in this area even w ith the directional borings. Behnke noted all proposed lots for this development do now meet the one acre dry buildable minimum, with the reduction in the number of lots resulting in a much better development overall. Kathleen O'Kasper, 1067 Linden Avenue, stated over the years she has followed Stokes’ developments, noting the building permits on some of his developments have been issued to a company called Fine Line Design. O’Kasper stated she contacted the Commerce Department who indicated they do not have a license for Brenshell Homes on file, which means Brenshell Homes is not a licensed builder. O’Kasper stated the license for Fine Line Design has expired. O'Kasper commented since she was unable to find an office for Brenshell Homes, she has concerns that the City of Orono may be getting involved with a builder who cannot perform. Behnke commented in his view the issue raised by C ’Kasper does not have any bearing on the plat that is before the Planning Commission tonight, t.iting that developers do not need to be licensed. Behnke stated the land developer on this paricular development is Brenshell Homes, and that he is the owner of Fine Line Design. Behnke: tated he was contacted approximately one PAGE 14 1 MINUTES OF THE ORONO PLANNING COMMISSION MEETING AUGUST 21.2000 (^2596 Brenshell Homes, Continued) week ago by the Commerce Department that there was a problem with his license. Behnke stated the license is issued in his name and not Tom Stokes\ with the office being located in the City of Burnsville. Behnke stated the issue with his license is that his check went uncashed by the Commerce Department and his license was not extended. The Commerce Department has indicated they have had a number of problems with licenses during this period of time Behnke stated he is continuing to work with Uie Commerce Department to correct this problem. Sandra Hollenhorst, 1200 Wildhurst Trail, commented in her view no variances should be granted on this development. Hollenhorst stated since this is a very fragile area, the City should take extra steps to insure that what is being proposed will not damage the area. Hollenhorst expressed concerns that if the vegetation is damaged in this area, it will result in another ravine. Hollenhorst inquired what the environmental impacts are when directional boring is done. Weinberger stated the directional boring is being done to protect the slope, with a tumtel being bored underneath the ground in order to allow an extension of the sewer system. Weinberger stated if the sewer line were installed the standard way, the contractor would need to dig trenches in which to place the lines in, which would disturb the topsoil. Gary Welsh, 1214 Wildhurst Trail, stated he did speak with the developer on this application, noting he was to be the contact person for the nei^borhood. Welsh indicated he has not been contacted by the developer or any of his representatives following the last public hearing, and in his view the developer has not made any effort to work with the neighbors as requested by the Planning Commission. Welsh stated in his view variances should not be granted on a development in order to allow higher density. Hawn indicated two variances are being requested by the developer on this application, which are normal when a house is located on a cul*de-sac. O’Kasper indicated she had some additional questions regarding licensing. Hawn stated that is not an issue before the Planning Commission tonight, and suggested City Staff check into the matter. Sandra Rasmussen, 1186 Wildhurst Trail, expressed concerns regarding the current sewer capacity, and requested that the current capacity be evaluated to insure that this development will not create additional problems in this area. Rasmussen also requested the developer be required to provide sufficient security on this project to insure completion or restoration of the area. Rasmussen stated she has a concern regarding the steep grade of the road, noting she presently experiences erosion of her driveway every time it rains. Rasmussen indicated she did speak with the developer about the possibility of relocating this road. Rasmussen stated she also has a concern with the fact that variances are being requested on this development given the situation with the cul*de-sac and the steep road. Rasmussen commented the cul*de*sac should not be constructed if it is going to compound the problem. Behnke indicated the water flow will be altered so that all water runoff goes to the north, to the holding pond, and through an outlet pond. Behnke stated the City Engineer has reviewed and PAGE 15 MINUTES OF THE ORONO PLANNING COMMISSION MEETING AUGUST 21,2000 (^2596 Brenshell Homes, Continued) approved the grading and drainage plans on this development. Rasmussen stated she would like to see some t>pe of assurance in the event the drainage does not work the way the developer is proposing and that the project is completed in accordance with the plans i^>proved by the City. Weinberger indicated a letter of credit is required on this project, with the plans on this project being required to meet certain standards of the City. Weinberger indicated the project would be inspected periodically by the City Engineer to insure compliance with the final plans. Weinberger stated the developer is also required to enter into a development agreement, which mandates that certain conditions are met on the prc*'ct. Berg commented that the City docs -.oi rclc> :e any funds on the letter of credit until an inspection has been completed by the CityXngi.u er to insure proper compliance with the approved plans. Hawn commented the Planning Commission needs to rely on the advice of their experts in determining whether the drainage for this area is appropriate and proper in controlling the water runoff. Stoddard requested City Staff review further any possible impact to the bluff in this area. Weinberger commented City Staff has reviewed that issue, with the determination being made that the bluff should not be negatively impacted. Behnke indicated the bluff in this area does not meet the necessary' criteria to be considered an actual bluff. Stoddard stated he would like City Staff to review this issue again. Hawn commented the Planning Commission and City Council are required to act in accordance with the City’s ordinances. Hawn indicated the proposed plan does meet the City’s criteria, with the developer having the right to develop the land regardless of the desires of the adjoining property owners. Hawn stated it is the responsibility of the City Engineer and City Staff to insure that these issues are being addressed properly. Tom Stokes, Brenshell Homes, stated he is the owner of Brenshell Homes, which is a development company and not a building company. Stokes stated he has personally spoken with the Commerce Department, who has indicated they are responsible for the license not being issued. Stokes stated the property owner requested them to develop this property, which is his right, and they are attempting to resolve all the issues involved with this project in accordance with the City’s ordinances. Stokes stated Charles Cudd Homes will be constructing the homes on this site, who is a very reputable builder. Stokes stated in his view this will be a very nice project once completed, with extra care being taken to meet all the concerns expressed by the residents and City Staff. Stokes requested they be treated as any other developer within the City, noting the State Bank of Long L^e will be funding this project. PAGE 16 : MINUTES OF THE ORONO PLANNING COMMISSION MEETING AUGUST 21,2000 (#2596 Brenshell Homes, Continued) Nygard requested Weinberger address the issue of the holding ponds and the value they play in drainage. Weinberger stated the developer will be NURP ponds, which are designed to be sedimentation ponds. Weinberger stated this type of pond is generally required in most developments, with the ponds actually treating the water prior to it leaving the pond so it is cleaner than when it entered the pond. Stoddard requested the developer to keep the neighbors informed on the progress of this development, noting the members of the Planning Commission tvpically don’t receive their packets until Thursday or Friday of the week prior. Stoddard stated Bonestroo is a large reputable consulting firm and will help to insure that the final plans are being complied with. Stoddard commented he does have a concern with the impact to the bluff, and repeated his request of City Staff to review the impact to the bluff in this area. Stoddard conunented the Planning Commission is required to look at each application on their own basis, and requested City Staff look further at the impact this development \vill have on the surrounding area. Lindquist commented it is the responsibility of the Planning Commission to insure that the rights of the residents and the developers are preserved. Lindquist indicated the proposed plan does meet the City’s Comprehensive Plan, with the property owner having the right to develop this property. Lindquist stated he would be in favor of ^is proposal since it does meet the City’s standards. Hawn indicated she is in agreement with Lindquist. Nygard commented variances are based on a hardship inherent to the land, and in his view a hvdship does exist in this case. Hawn state! outside of those two variances being requested, this proposal does meet all the City’s requirements. Hawn stated in her opinion she does not see a reason not to approve the preliminary plat. John Duiui, 1131 Wildhurst, commented since engineering is not an exact science, he would like to see additional steps taken to insure proper grading and drainage for this development. Dunn requested he be provided with any new information the developer may have on this development. Stokes indicated they would be happy to cooperate with the neighbors. Lindquist moved, Kluth seconded, to recommend approval of Application #2596, Brenshell Homes, 1181 Wildhurst Trail, subject to the six conditions outlined in the August 17,2000 Planner's Report, with the added condition that the trees be retained on all slopes on the east portion of Lots 2 and 3. VOTE: Ayes 5, Nays 1, Stoddard Opposed. Stoddard stated he voted in opposition to the motion because he feels there should be further research done on the impact to the bluff in this area. Stoddard stated in his opinion the Public Works Director and City Staff should review the adjoining area to determine the impacts of this PAGE 17 j r MINUTES OF THE ORONO PLANNING COMMISSION MEETING AUGUST 21,2000 development. (Recess taken from 9:38 p.m. - 9:45 p.m.) (#8) #2606 RICHARD BLOOMQUIST, 3333 SHORELINE DRIVE, VARIANCES AND COMMERCIAL SITE PLAN APPROVAL, 9:45 p.m. - 10:10 p.m. Richard Bloomquist, Applicant, ^\as present. Weinberger stated the Applicant is requesting approval of a commercial site plan and variances for building additions to the existing supermarket totaling approximately 4,740 square feet. Variances are needed for hardcover in the 500-1000’ setback, street and side lot line setbacks, and parking. The proposed additions would provide additional retail space, warehouse/cooler areas, parcel pick-up, and an employee break room. The use of the property would not change. Weinberger indicated the City Council did adopt a resolution in 1997, approving variances to permit additions to the building that increased the size of the structure. However, the additions have not been constructed and the one year time period has expired, requiring a new land use application. Weinberger stated the gross leasable area for the B-3 Zoning District shall not exceed 28 percent of the total land area of the lot. Weinberger indicated this lot consists of 2.85 acres, and w'ith the proposed additions, the gross leasable area would cover 22.2 percent of the total land area of the lot. Weinberger stated there are no proposed changes to the parking, with a variance being approved in 1988 for a 0’ parking setback. The side yard adjacent to street variance was approved in 1991 for a ten foot parking setback, no change being proposed. The Applicant has requested structural setback variances for the w’est property line to allow a 30 foot setback, with the ordinance requiring a 60 foot setback. A second variance is also being requested to the south lot line, which is the lot line adjacent to the bank. Weinberger indicated there is a 24 foot setback from the comer of the building, with the proposed addition being located closer to the front and 40 feet from that property line. Weinberger stated the Green Space Ordinance requires 12 percent of the land to be devoted to green space. Weinberger indicated the property currently has 27.5 percent, including an area approximately 22,000 square feet to the south of the building that is restricted by an open space easement to require a 100 foot setback to residential property to the south. No change to the green space has been proposed. The Applicant is proposing additional trees and bushes along Kelly Avenue and in ^e green space between the Super Valu Store and the bank to the south. Weinberger indicated the City Engineer has reviewed the grading and drainage plans and has commented the overall plans app>ear to be acceptable with the proposed additional hardcover being placed over existing hardcover. The City Engineer has indicated he is not awnre of any drainage issues on this property. Weinberger stated the building height will be a maximum of 25 feet, with the ordinance allowing a maximum height of 30 feet. PAGE 18 MINUTES OF THE ORONO PLANNING COMMISSION MEETING AUGUST 21,2000 (#2606 Richard Bloomquist, Continued) Weinberger stated a parking variance is also required. Retail use requires one parking space for each 150 square feet of retail floor space, with a variance having been granted in 1991 to the parking requirement. The existing size of the retail use of the building would require 134 stalls, with the variance permitting 108 stalls. The total size of the building, including Editions, would be 27,605 square feet, which is not entirely devoted to the retail operation of the building. Weinberger indicated the required parking under the ordinance would be 166 parking spaces, with the Applicant proposing 111 parking spaces. The Applicant has indicated he anticipates only one weekend per year where he would have a concern about parking. Weinberger stated a utility easement is located to the north of the building limiting the ability to expand the building out into the parking lot and an open space easement is located over the south 100 feet of the property. The open space area has been regarded to accommodate stormwater flows. Any ad^tion to the rear of the building would negatively impact the ability for the site to handle and treat stormwater runoff. Weinberger stated this property has also lost over 8,000 square feet of parking area due to Hennepin County’s 1988 reconstruction of the County Road 15 and County Road 19 intersection, with the City granting variances to accommodate a 0 foot setback for the existing parking lot. City Staff is recommending approval of the application based on the hardships listed in the Planner’s Report. Bloomquist noted the City did accept a larger building in 1998 than what is currently being proposed. Bloomquist stated he is not changing any of the green space and has attempted to continue to improve the appearance of the property over the years. Bloomquist stated he wishes to update the exterior of the building in order to enhance the city. Bloomquist stated due to the reconstruction of the intersection in that area, traffic flow in his opinion has been greatly improved. Hawn inquired whether a couple of the parking spaces adjacent to County Road 15 could 1» turned into green space. Bloomquist stated he understands what Hawn is asking, noting he is requesting a variance to the parking. Bloomquist expressed doubts about whether trees could be planted in that area due to the impact on sight lines for travelers on County Road 15. Bloomquist noted he has had problems in the past with sight lines in that area and is intending to construct planter boxes in a portion of the green space. John Kupfer, 2503 Kelly Avenue, commented the Applicant has continually upgrade this property over the years and feels the proposed project will only improve the area further. Hugh Bishop, Attomey-at-Law, indicated he represents David Delaney, the owmer of the property to the south. Bishc'p requested the final hardcover figures be calculated and included in the preliminary plat, with approval being made contingent upon the conditions in the City Engineer ’s report. PAGE 19 1 i J MINUTES OF THE ORONO PLANNING COMMISSION MEETING AUGUST 21,2000 (#2606 Richard Bloomquist, Continued) Bloomquist commented he is not increasing the amount of hardcover on this property with this project, noting the addition will be constructed over the existing hardcover. Lindquist commented he does not have a problem with this application. Lindquist moved, Kluth seconded, to recommend approval of Application #2606, Richard Bloomquist, 3333 Shoreline Drive, subject to the conditions outlined in the August 14,2000 Planner*s Report, with the added condition that the hardcover figures be recalculated and approved by City Staff or the City Engineer to verify that the amount of hardcover will not change. Stoddard inquired whether the parking could be moved further back to allow room for one to two feet of green space next to the road. Bloomquist reiterated his concerns regarding visibility going in and out of the parking lot. Bloomquist indicated he has received in the past from people leaving the parking lot that their sight lines were impaired. Stoddard requested the Applicant give some consideration to that option. VOTE ON THE ABOVE MOTION: Ayes 6, Nays 0. (#6) JAMES ANDERST, 3380 SHORELINE DRIVE, CONDITIONAL USE PERMIT AND COMMERCIAL SITE PLAN REVIEW, 10:10 p.m. - 10:17 p.m. The Applicant \vas not present John Kupper, Kelley Avenue, er.pressed concern regarding the ordinance to have live entertainment at Narrow’s Saloon. Kupper indicated ever since the Applicant has started having live music, he is uiuble to leave his windows open at night due to the noise problems he is experiencing. Kupper stated he has spoken wiA the property owner, who has attempted to resolve the problem, but within hours the music is once again loud. Kupper stated in his opinion this is not the proper place to have a live band, noting he feels an increased risk to his safety and his family’s safety as well as the amount of increased traffic that has resulted from this establishment. Gaflfron inquired whether the resident would be willing to put his comments in writing. Kupper indicated he would. Berg moved, Kluth seconded, to table Application #2604, James Anderst, Narrows Saloon, 3380 Shoreline Drive, due to the absence of the Applicant. VOTE: Ayes 6, Nays 0. PAGE 20 MINUTES OF THE ORONO PLANNING COMMISSION MEETING AUGUST 21,2000 PLANNING COM^aSSION COMMENTS, CONTINUED («^10) OTHER ISSUES FOR DISCUSSION None (#12) SELECTION OF REPRESENTATIVES FOR CITY COUNCIL MEETINGS ON AUGUST 28,2000 AND SEPTEMBER 11,2000 August 28 - Kluth September 11 - Nygard ADJOURNMENT Lindquist moved, Nygard seconded, to adjourn the meeting at 10:18 p.m. There bong no further business to discuss, the meeting was adjourned at 10; 18 p.m. Elizabeth Hawn, Chair PAGE 21 L_____uttiiyiiiti