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02-16-1999 Planning Packet
•v*‘ ORONO PLANNING COMMISSION Tuesday, February 16,1999—6:30 p.ui. 2780 ?arkway—Council Chambers AGENDA Council Representative: Barbara Peterson AUDIENCE MEMBERS: Please sign in for the public record at the front podium if you wish to address the Planning Commission. Applicants will be asked to move to the front table to answer questions when the Chair announces the application. The Planning Commission b an advisory body to the City Council. If action is taken on any items on this agenda, they will be scheduled for the March 8, 1999, City Council meeting unless otherwise noted by the Chair. SCHEDULED PUBLIC HEARINGS 6:3(» P.M. 1.#2458 6:45 P.M. 2.#2459 City of Orono, Zoning Code Amendment. LR-1 C*1, One Family Lakeshore Residential Subdistrict, Section 10.26, Subd. 3. To eliminate the allowance of a 50% increase in dwelling unit density, from 2 to 3 units per acre. (Staff: Mike Gaffron). City of Orono, Zoning Code Amendment. Telecommunications Ordinance (Staff: Mike Gaffron). OLD BUSINESS: CONTINUATION OF PUBLIC HEARINGS Review of these items will commence prior to or between scheduled public hearings. 3.#2398 Wayzata Country Club, 200 Wayzata Blvd. W., Conditional Use Permit Amendment. (Staff: Paul Weinberger). NEW BUSINESS: PUBLIC HEARINGS #2440 5.#2453 Dale Gustafson, on behalf of Robert Lux, 1209 French Creek Drive, Variance. (Staff: Paul Weinberger). John Ericson, Sr., 162 ' Shadywood Road, Variances. (Staff: Paul Weinberger). 6. #2454 Greg and Marcia Bamum, 150 McCulley Road, After-the-Fact Conditional '.Jiei'grniit. (Staff: Liz Van Zomeren). •V'' 7. #2455 4.i' 8. #2457 9. #2460 Roger and Kristine Strauman, 123 Chevy Chase Drive, Variance. (Sta.*. Liz Van Zomeren). David and Paula Lindberg. 1392 Baldur Park Road, Variances. (Staff: Liz Van Zomeren). Cliff Otten/Kristin Jacques, 3800 Wayzata Blvd., Conditional Use Permit. (Staff: Liz Van Zomeren). SKETCH PLAN REVIEW % % 10. #2456 Bohland Development Company, having an interest In 1025 Brown Road South (PID #10-117-23-24-0001) (Staff: Liz Van Zomeren). PLANNING COMMISSION COMMENTS 11. Report of Planning Commission representatives attending Council meetings on January 25, 1999 and February 8,1999. 12. Other issues for discussion. 13. Planning Commission approval of minutes for January 19, 1999. 14. Selection of representatives for City Council meetings on February 22, 1999 and Mar ch 8 1999. ADJOURNMENT Public A ttendance Meeting Date iL- 9 J C ouncil Planning C ommission Park C ommission Other j PUEASE FILL ™ INFORMATION I: TEQUESTED BELOW ITOR OUR CITY RECORDS. , ... ■ NAME (please print)ADDRESS PRESENT FOR (from agenda) NAME OR NUMBER 1. 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QfUf5.4 / To: From: Date: Chair Smith and Orono Planning Commissioners Ron Moorse, City Administrator Michael F..Gaffron, Senior Planning Coordinato^^^^^ February 10,1999 Subject: Proposed Zoning Amendment: Eliminate LR-lC-1 50% Density Credit List of Exhibits A - Draft /\mendment: Options 1 and 2 B - Sections 10.25 and 10.26: LR-IC and LR-lC-1 Zoning Standards C - Letters from Area Residents D - Comprehensive Plan Excerpts • E - LR-lC-1 Zoning Maps F - Map of Areas Notified of Hearing by Mail G - Public Hearing Notice H Staff Memos and Exhibits of 5-8-98 and 11-6-98 Background The City Council adopted an interim moratorium in May 1998 temporarily suspending use of the 50% density credit in the LR-lC-1 zoning subdistrict. This moratorium was established due to a development proposal that Council believed would add too much traffic to the local streets, and would add to the high volume of traffic that is already overburdening County Road 15. The properties zoned LR-1C-1 are located along County Road 15 in Navarre and adjacent to marinas on County Road 51 on Maxwell Bay. The existing neighborhoods surrounding these areas were developed prior to the City's adoption of zoning regulations, and are generally developed much more intensely than would be allowed under the current zoning regulations. The City Council is concerned that the current density credit language does not provide sufficient discretion to the City to ensure a development is planned in such a way that it provides sufficient open space, landscaping and access options to somewhat balance the intensity of the surrounding development and minimize the traffic impacts. Due to these concerns, the City Council has asked the Planning Commission to review the LR-lC-1 standards, hold a public hearing, and make a recommendation regarding elimination of the 50% density credit. LR-lC-1 Standards The only difference between the LR-IC Single Family Lakeshore Residential District (1/2 acre minimum, i.e. 2 units per acre) and the LR-lC-1 Subdistrict, is the LR-lC-1 allowance for a 50% density credit, i.e. up to 3 units per acre. To get the credit, development must proceed as a Planned Residential Development (PRD), and all units must be attached (groups of 2, 3 or 4 units) in order to gain the credit. Additional requirements must be met regarding sanitary sewer, hardcover, building size and location, vehicle ingress and egress, parking, and overall density. Zoning Amendment; LR-lC-1 Density Credit February 10,1999 Page 2 . « . i' LR-lC-1 History The LR-lC-1 subdistrict was created in 1975 as part of the general rezoning of the City. There were likely two specific reasons to create the LR-lC-1 subdistrict in 1975: 1 2. A majority of the properties rezoned to LR-lC-1 in 1975 were zoned B-1 (Commercial Business), B-2 (Lakeshore Commercial), or I (Industrial) prior to the rezoning, and the density credit may have been a concession to the property owners for the rezoning from Commercial/Industrial to residential. The LR-lC-1 would provide a location in the City for somewhat higher density housing than the 1/2 acre residential district allowed, and allow such housing to be attached for more efficient use of the land. The properties zoned LR-lC-1 upon adoption of the 1975 zoning code included the following: The Navarre theatre property. All land west of the Navarre theatre between County Road 15 and the ran. .ad tracks to the city border, except the Hennepin County truck station site. Approximately 5 acres at the southeast comer of Camian Street and County Road 15, north of the lagoon. The area east of Lakeside Marina on North Shore Drive to the east boundary' of north Shore Marina (included North Shore Marina). In November 1976 the B-5 Limited Neighborhood Business District was created and most of the LR- lC-1 parcels between County Road 15 and the truck station property were rezoned to B-5. In 1984, North Shore Marina was rezoned back to B-2 Lakeshore Business. .\s a result of these two revisions, the remaining properties within the LR-lC-1 today include (See Exhibit E): The 9-acre plat of'Navarro' on the old Navarre Theatre site (24 twinhomes). The 10-acre Tonka Ventures PRD site The 2.25 acre Sohns property and the 2.2 acre Larson property The 3/4 acre single family residence site west of the truck station driveway The 5 acres at Carman Street and County Road 1 5 containing 4 single family homes; the east half of this area is attached to the developed single family properties south of the lagoon The 3 acres between the marinas on North Shore Drive containing 4 existing homes, with a single family residence and a duplex expected to be built in 1999. Zoning Amendment: LR-lC-1 Density Credit February 10, 1999 Page 3 1* Impact of the 50% Density' Credit The LR-lC-1 density credit simply allows "a 50% increase in dwelling unit density over the LR-IC District". The LR-IC District requires a minimum lot size of 1/2 acre, which translates to a maximum dwelling unit density of 2 units per acre. A 50% increase in density yields 3 units per acre. This credit is the sole basis for the LR-lC-1 District. Opportunities for Housing Variety Along Highway 12 The number of multi-family dwelling units that might be developed or redeveloped in the existing LR-lC-1 zones under the current code (excluding the Tonka Ventures property which will provide 29 townhouse units) is likely less than 20. However, the City has provided for significant numbers of multi-family dwelling units in its Highway 12 Corridor along the north side of Highway 12 between Willow Drive and Old Cr> stal Bay Road. The 1988 Comprehensive Plan Amendment No. 2 contemplates (and provides for) from 50 to perhaps 250 units of townliomes being developed at densities up to 6-8 units per acre. This area of Orono does not suffer from the existing high-density problems of traffic, stormwater management, etc. that are found in Navarre. Development at higher densities in the Highway 12 corridor can be accomplished in a manner that addresses all related concerns, rather than adding to them as it would in Navarre. Retain LR-lC-1 PRD Attached-Unit Capability? An alternative to total elimination of the LR-lC-1 district is to retain the ability to use a PRD to enable clustering and attached units. That is, allow up to 4 attached units via a PRD, at the underlying district density. This would retain the ability to have a variety of housing (single family, twinhomes, quads) under "conditions" (A thru H). Summary Elimination of the 50% credit without retaining the ability for attached units, would functionally remove any distinguishing characteristics between the LR-IC and LR-lC-1 Districts. In this case, it would be most appropriate to eliminate the LR-lC-1 designation from the zoning code, and rezone all LR-lC-1 properties to LR-IC. Retention of the ability in LR-lC-1 to create attached dwelling units would enable clustering and the preservation of trees and green space that is not possible in the LR-IC zone. To this end, staff has drafted 2 options for amending the LR-lC-1 District for discussion and recommendation (Exhibits A). OPTION 1: a. Delete language allowing 50% density credit b. Add language specificaliy'allowing attached dwelling units as a Conditional Use but only if Council determines the PRD provisions are met c. Add provision to limit density to 2 dwelling units per acre SEC. 10.26. LR-lC-1 SUBDISTRICTS. ONE FAMILY LAKESHORE RESIDENTIAL. Subd. 1. Lakeshore Set Back, Hard Cover and Tree Removal Regulations. (See Section 10.22). Subd. 2. Permitted Uses, Conditional Uses, and Accessory Uses. A. Any use as regulated in the "LR-IC" District. I • Subd. 3. Additional Permitted Conditional Use. Within any "LR-lC-1" One Family Lakeshore Residential Subdistrict a credit allowing a S09 <i inereaae in dwelHng unit density ove r the "T B.IC" mny he obta ined attached dwellings mav be permitted if the City Council finds that provid ing all conditions below are complied with: A. All provisions of Section 10.32 Planned Residential Development are* in the discretion of the Council, determined to be met co mplied-with: B. Public sanitary sewer is available; C. All dwelling units must be attached but not more than four dwelling units to any one structure with a ma.ximum height - of thirty 30 feet; D. Parcels of land lying beyond 1 00 feet from any shoreline shall not have more than 35% of the land area to be developed made impervious by buildings, blacktop, or other forms of hard cover; E. Building size and location meet Council approval; F. Vehicle ingress and egress meet Council approval; G. A minimum of two parking spaces are provided for each dwelling unit, one of the parking spaces shall be enclosed and attached to the principal structure it serves; H. Density provisions under Section 10.60 are not exceeded , and the dwelling unit density does not exceed 2 dwelling units per acre. Subd. 4. Area, Height, Lot Width and Yard Requirements. (See Section 10.25, Subdivision 6). " 2- OPTION2: a. b. Delete entire Section 10.^6 Rezone all properties in LR-lC-1 to LR-IC SEC—10 t2 6;-----LR-lC-1—SUBDISTRICTS. ONE FAMILY-L-AKESHORE RESIDENTIAL! Section-! 0r23); iubd. 1; Lakcshofc Set Back-, Hard-Cov er and-Trcc-Rcmova!-Regulation3r(Sce Snbd: 2. Permitted Usea,-Conditional Uses, and Accessory Usco; A. Any me as regulated in the "LR-1C” District: St>bd. 3. Additional Permitted Use. Within any "LR-lC-l" One-Family Lakcahore Residential Subdistriet a credit allowing a 50% increase in dwelling unit density over the "LR-HZ'” District may be obtained providing all conditions below are complied with; --------------------------A:—All provis ions of Section 10.32 Planned-Residential Develo pment are complied with; ■B:—Public sanitary sewer is avai laWet --------------------------G:—All dwelling units must be attached but not more than four dwelling units to any-one-otructurc with a maximum height - of thirty 30-feet; --------------------------B:—Parcels of land lying beyond 100 feet from any shoreline shall not have more than 35% of the land area to be deve loped made impervi ous by buildings, blacktop, or other forms of hard cov er;----------- E:—Building size and location meet Council approva l; --------------------------Ft—Vehicle ing ress and egress meet Council approval; --------------------------G:—A minimum of two parking spoccs ore provided for each dwelling unit, one of the parking spaces shall be enclosed and attached to the principal structure it serv es;------- --------------------------H:—Density provis ions under Section 10.6 0 are not exceeded. Subdiv ision €}. Subd. 4. Aren. Height, Lot Width and Yard Requirements. (See Section 10.25; SBC. 10.25. LR-IC ONE FAMILY LAKESHORB RESIDENTIAL DISTRICT. Subd*. 1. Purpose, ^ The "LR-lC” One Family Lakeshore Residential District is intended to provide a district which will allow a combination oi' raediu-^. density residential development and limited agricultural activity. Planned residential developments may be allowed by conditional use permits. The proposed land use may not endanger the quality of storm water runoff into Lake Minnetonka. Because of the location of the district near Lake Minnetonka, special regulations are necessary tc protect that natural resource from the effects of intense development. The district shall have immediate access to highways and public sanitary sewer. Subd. 2. Lakeshore Set Back, Hard Cover and Tree Removal Regulations. (See Section 10.22). Subd. 3. Permitted Uses. Within the "LR-IC" One Family Lakeshore Residential District, no land or structure shall be used except for one or more of the following uses: A. Any permitted use as regulated in the ''R-IA” District. Subd. 4. Conditional Uses. Within any "LR-IC" One Family Lakeshore Residential District, no structure or land shall be used for the following uses except by conditional use permit: A. Any conditional use as regulated in the "R-IA" District except that a Planned Residential Development shall not be limited to detached sirtgle family dwellings only. Subd. 5. Accessory Uses. Within any "LR-IC" One Family Lakeshore Residentic.1 District, the following uses shall be permitted' accessory uses: A. Any accessory use as regulated in the "R-IA" District any 'private docks' subject to the City Code and other applicable regulations, including boat storage density regulations. Subd. 6. Area, Height, Lot Width and Yard Requirements. A. Height. No structure or building shall exceed 2-1/2 stories or thirty feet in height except as provided in Section 10.75. be observed: B. Lots. The following minimum requirements shall Lot Area Lot Width i.ront Yard Side Yard Rear Yard Side Yard Adjacent to Street 1/2 acre 100 feet 30 feet 10 feet 30 feet 15 feet SBC. 10.26. LR-lC-1 ONE FAMILY LAKESHORE RESIDENTIAL SUBDISTRICTS. - « . I' Subd. 1. Lakeshore Set Back, Hard Cover and Tree Kemoval Regulations. (See Section 10.22). Uses. Subd. 2. Permitted Uses, Conditional Uses, and Accessory A. Any use as regulated in the "LR-IC" District. Subd. 3. Additional Permitted Use. Within any "LR-lC-1" One Family Lakeshore Residential Subdistrict a credit allowing a 50% increase in dwelling unit density over the "LR-IC" District may be obtained providing all conditions below are complied with: % A. All provisions oZ Section 10.32 Planned Residential Development are complied with; B. Public sanitary sewer is available; • • c. All dwelling units must be attached but not more than four dwelling units to any one structure with a maximum height of thirty 30 feet; D. Parcels of land lying beyond 100 feet from any shoreline shall not have more than 35% of the land area to be developed made impervious by buildings, blacktop, or other forms of hard cover; E. Building size and location meet Council approval;F. Vehicle ingress and egress meet Council approval; G. A minimum of two parking spaces are provided for each dwelling unit, one of the parking spaces shall be enclosed and attached to the principal structure it serves; H. Density provisions under Section 10.60 are not exceeded. Subd. 4. Area, Height, Lot Width and Yard Requirements. (See Section 10.25, Subdivision 6). To; City of Orono rrom: Mark « (Ui*n Cuff 0 («12) 471-9795 02/03/99 ?Ci: 13:33 Pg 1 of 1 c-l Feb. 8. 1999 ■Cit\ of Orono 2750 Kelly Parkway Orono. MN 55356 1' Dear Council Members. This letter is in response to the memo that I recei\ e«.l about a public hearing notice in refci ence to the proposetl revision to the Orono Zoning Code Section 10.26. subdivision 3 regarding the LR-lC-1 One Famil}’ Lakeshore Residential Subdistrict. 1 will not be able to attend !*;is public hearing on Feb. 16th. Orono should reverse the dccrca.sc in dwelling unit density that it had previously passed. 1 live in the Navarre area and mo.st all of the lots are betw een 50 to 100 feet in width. This area has a problem with hard cover and drainage due to the amount of hO!nc.s. garages, driveways, decks and other staictures on each propert)’. This is something that I would not want to happen in other areas around the lake. It's much less e.\pen.sive for all invoh ed to prevent the situation before it happeas than aher the fact. # • I • .Another factor in tJ.,s is having \ our neighbors too close to each other, ^'ou don't feel that you can enterl.un companv :n the wann months outside with out up-setting your neighbors. The additional noise from talking, children playing, and l.iek of additional parking for guests does aiuioy neighbors. How many of these area have adeqinite space for well water and septic? Would additional hard cover ertect the erosion of propeily and cause additional pollution of the lake? If people feel that they have lost part of their inve ment because they can not sub-di\ ide in the future, they should huv e purchased farm land away from the lake area years agv>. That's where the high density land developments hehvng. not in the lake area. With this being "The Lake Mimietonka .Area" it .sliould remain a .suburban .setting, tiot something that’s turned into jui area like Ply tnouth. I hope this has helped in y our decision to keep our community in the setting that thi.s area ha.s been known for in the years gone by. " Large Open Spaces" for your lamily to grow up in. Sincerelv. Karen Cuff 3572 l.iv ingston .Avc Orono. .\IN 55391 471-9795 February 8, 1999 Orono Planning Commission 2780 Kelley Parkway Orono, MN 55356 Re: Public Hearing February 16, 1999 Dear Planning Commission: This letter is to show support for the proposed revision to the Orono Zoning Code Section 10.26, Subdivion 3 regarding the LR-lC-1 One Family Lakeshore . Residential Subdistrict. 1 live at 3625 Lyric Avenue and there is a proposed development in the Langdon area (one block west of the Dair>' Queen) that I strongly oppose. Shoreline Drive is far too busy aind cannot support the additional traffic. The only peace from the constant traffic noise and view comes from the small area of woods that is the proposed development. To redirect the additional traffic this would create into the residential Navarro area would totally change the complexion of the neighborhood. I missed the public hearing on this development, but have attempted to talk to the City of Orono twice on my concerns, but no one has returned my phone calls. Please save my neighborhood from over development. Very truly yours. Kathleen L. Fine 471-7970 CITY OF ORONO COMMUNITY MANAGEMENT PLAN PART U «)APTER.S « I IT tmprovfmfnt plan. 1 I 5 1 It^TpnmiCTlOJi i„cr...in, priority cl n.tlon.l, re,lonal -^„iraMe'hrsrn/lor“.ll the privl.lon o£ an •^eqaete supply of^eafe,^ citizens. Housing is basic to t ^ , moderate income level and many persons, in substandard housing or are those on fixed incomes, are li 9 .j^^^g^yle. The rapid adequate choice in housing ^yP newly built housing have ®®®”^ prices and the inadequate are^increasingly unable to housing that meets f®^^^^^^^^^there is an increasing need for neighbor the area's housing is ®9in9» rehabilitation, hood preservation and housing .1 identified three major housing problems The Metropolitan Council ^ area* that exist in the Metropolitan Area. •>., lower cost housing in good 1. There is «■> .‘of'^uLpL ere ineaequetely housed, condition and large numbers P ^ o£ winterised summer Much o£ Orono's housing stooH = igop-e. cottages or larmhouses dating to tn V .sr-^Tio is largely concentrated within 2. LOW and moderate ^”®°“^,^°rhis^is true for the Metropolitan the two center cities. ^ for Orono and other lake area communitlefhave'substantial neighborhoods of older homes .............. ..... 3. Middle income persons ar _ _^p between the price of suitable to their needs “^telllly wldlnLg. with ever greater housing and Incomes has been st market. The result numbers of people priced facel Increasingly with that even the middle Income ‘*"*,J^/a£totdable housing which Is substantial difficulties In flnd.ng aft suitable to its needs. CMP 5-1 I JUNE, 1980 HOUS1N& This Housing Plan an inaic.ticn ,of the on,oin, P°“=tre/"Thirpt:r of Orono residents toward solving planning direction established is a refinement and restatemen 4«,»^ruide Plan and is prepared andin the 1974 Orono Village Comprehensive Guide Plan presented for the following purposes: 1. 2. 3. the hoosing impkovemekt is existing hoosing stock . M toSJ^et or to overlooh With miles of desirable lakeshore, it oJiaing a brief review of the true housing situation in .jj realizes^that Orono is not Cm“pl™?Aif''?Sfs?W^^D®O^SEf?ARTIES®iNTOS TOE CONDITION OP ORONO-S f Housing Pla.*' includes goals an p pian local housing needs, improvement consistent ^gg for low and moderate incomeand the Metropolitan Council’s policies ror housing. plans and programs o„r’existing housing situation, our ‘S:irBn°:ri:«lTor.ii,°nerds our%ropcs.d pro,r.»s Per neetln, those needs. I I I I I I I I [(»• I I SCOPE THE TINE FRAMEWORK °F T» HOUSI^I^^^^^ CONSISTENT WITH THE tcY FOR RURAL ORONO. The goals,WITH THE CITY’S PERMANENT PLANNING POLICY FOR RUR^ tS^Chapter are policies and proposed housing program ^ plan for regional needs Sat in th, context Of the hS^slSS S»Sr^e elL reflect Sforo^s pi:nS*ror”:r;.neSt‘Linten;nc.__cf^the low^ prSjrSrroi'Sddr^S^rth; dtfJere" needs of both th. urban end rural areas of Orono. I 1 .1 CMP 5-2 j i .* HOUSING JUNE, 1980 ‘(•VI •«« • •it I i j 1 j i 1 1 1 I BASIC HOUSING CONCEPTS AND PRTNCIPI FS THE HOUSING IMPROVEMENT PLAN IS AN INTEGRAL PART OF ORONO'S COMMUNITY MANAGEMENT PLAN. ALTHOUGH THE STATISTICS AND DETAILED POLICIES APPLY SPECIFICALLY TO THIS ONE ELEMENT OF COMMUNITY PLANNING, THE OVERALL GOALS AND OBJECTIVES HAVE BEEN DERIVED FROM JOINT AND CONCURRENT CONSIDERATION OF ALL COMMUNITY PLANNING ELEMENTS. THEREFORE, THE POLICY DECISIONS RELATING TO ORONO'S HOUSING IMPROVEMENT PROGRAMS COMPLEMENT AND BALANCE REGIONAL PLANS WITH LOCAL CONCERNS FOR HISTORIC DEVELOPMENT PATTERNS, ENVIRONMENTAL PROTECTION, PUBLIC HEALTH, FISCAL RESPONSIBILITY AND GENERAL LAND USE. ' * ORONO'S URBAN AND RURAL AREAS PROVIDE DISTINCTLY DIFFERENT LIFESTYLES, AMENITIES AND SERVICES WHICH JOINTLY BENEFIT THE COMMUNITY AS A WHOLE. EACH AREA HAS SEPARATE PLANNING PRIORITIES AND SEPARATE ENVIRONMENTAL CONSIDERATIONS. URBAN AREAS AND URBAN SERVICES WILL NOT BE PERMITTED TO ENCROACH ON OR DESTROY THE RURAL AREA OF THE CITY. Historic development patterns established 100 years ago are responsible for the dual personality that characterizes Orono. The lure of the Lake drew summer residents and resorters who established the crossroads of Navarre, which continues to this day as the commercial center of Orono. away from the Lake, Orono has developed slowly as a community of rural residential woodlands and open space. The lifestyles are different, the needs and desires of the citizens are different and the requirements for public services are different from the urban area of Orono. Orono's urban areas provide ample opportunity for a vast spectrum of housing opportunities and all of the neighborhood services necessary to support the residents of the City, urban and rural alike. These areas contain most of Orono's existing housing stock and most of the existing substandard housing stock. Orono's rural areas provide the opportunity for low density housing at affordable prices, orchards, greenhouses, hobby farms and recreation areas not possible in either urban areas or in commercial agricultural areas. This low density of land use is particularly valuable as a protection for the marshlands, woodlands and other natural resources that dot the area. Here, housing is often as old as in the urban areas but the overall density is low and no urban services are available. CMP 5-3 JUNE, 1980 HQ usihg . c. PICALLS FOR DEVELOPMENT IN BOTH THE URBAN AND THE ORONO'S LAND USE WAN C^LS rural PORTIONS OF THE CITY. existing vacant urban area «ill see new resiaen-ial r.rrornroi'aeveloppent projected lets and “"«-»l°Ptuburrs Opportunities exist ‘^‘ttUH-site*or the =^°“^;"^„“^reWer urban "^iB^borhoods and^for^scatt^_^^^^^ SrSbttVlorb^c^re^r- considerations oi proxipit. to Lake Minnetonka. , «teadvp 4>;«.r»tial development at a steaay in 1.3;: rr.;r.:land competitive with more fUJ-xy .«.s »».-.» «”» “• “ “ last ten years . „.t.„.te (year 2060) population in 1970, Orono was o^ectra year 2000 population :*a’;;rH;trS;olitan council proJects^.n^ .rreatfsation This decline is consistent wrtn rn s ^ whole, as well as, a reari population P>:°3®'=''^°7! occurring which will see renewed growth rural land use preservation P°“=“=’ !_:-.„ort.tlon and sewer capacity. CMP 5-4 1 HOUSING JUNE, 1980 i I J i I 1 1 1 i i 1 ORONO'S LAND USE PLAN ACCOMMODATES ALL EXPECTED POPULATION GROWTH IN A WIDE VARIETY OF HOUSING OPPORTUNITIES. The forecast population increase of 2,240 persons in the next twenty years translates into a housing demand of 750 new dwelling units. This average of 37 new dwellings per year is consistent with Orono's rate of actual building permit issuance during the 1970's. From past experience, approximately 40% of these new units are expected to develop in the urban area and approximately 60% in the rural area. THE METROPOLITAN COUNCIL EMPHASIZES THE ADVANTAGES OF FREE CHOICE IN HOUSING LOCATION SUCH AS THAT AFFORDED BY ORONO'S DIFFERING URBAN AND RURAL NEIGHBORHOODS. The location of housing is directly related to the opportunities and services enjoyed by residents of the Metropolitan Area. Location influences not only access to employment, but also the availability of neighborhood parks and recreational programs, libraries, health care facilities, day care centers, and access to major retail centers, highways, and public transit. The Metropolitan Council therefore recommends that people have freedom of choice in the location of their housing. THE METROPOLITAN COUNCIL HAS DESIGNATED ORONO AS A "THIRD PRIORITY" COMMUNITY INSOFAR AS URBAN HOUSING POLICY IS CONCERNED. Communities with land within the Metropolitan Urban Service Area (MUSA) are expected to plan adequate land for projected housing growth and to provide an appropria share of housing for persons of a range of income levels. The regional housing policy calls for subsidized housing to be located near activity centers or as part of "new towns" or large scale Planned Unit Development offering adequate levels of services and facilities, and near high amenity areas. As a third priority community, Orono does not contain such large scale activity centers and therefore is generally low in priority for the allocation of such housing. Plans of third-priority communities are expected to be more long-term and less detailed than plans of inner—ring suburbs, with unit allocations being fairly limited numbers and in some what more distant future. The need for rehabilitation and redevelopment is generally not high in third—priority communities, but it is an important need in Orono because of the age of so much of our urban housing stock. THE METROPOLITAN COUNCIL RECOGNIZES THAT RURAL COMMUNITIES REQUIRE DIFFEREN HOUSING PROGRAI4S THAN DO URBAN COMMUNITIES. Metropolitan Council policy does not encourage urban—scale residential development in the Rural Service Area, nor does Council policy support the development of subsidized housinc in the rural areas. Rural needs for subsidized housing are to be met withi the Freestanding Growth Centers such as Maple Plain, or within the existinc Urban Service Area, including Orono's urban neighborhoods and other urbanized lake area cities such as Wayzata, Long Lake and Mound, where urban services and amenities are available. In areas where rural scale residential development occurs, ordinances should permit the construction of modest—cost market-rate housing. Housing plans of rural communities are expected to show how the community intends to maintain its rural character and manage its new residential development. CMP 5-5 ■] HOUSING JUNE, 1980 ^p'I' ORONO'S LAND USE PLANS AND PROGRAMS ALLOW NEW URBAN AND RURAL DEVELOPMENTS TO PROVIDE COMPARABLE COST HOUSING OPPORTUNITIES. Orono has never had regulations requiring arbitrary minimum square footage in homes. Orono has never required such cost increasers as garages, paved driveways or mandatory landscaping. Any structure which conforms to State Building Code safety requirements can be built on any residential lot in the City. In addition, Orono has had long experience with rural residential development including a full six years of requiring at least 2.0 acres of dry buildable land for each rural dwelling. From this experience, Orono has found that housing built on rural lots of 2 acres per dwelling can be and is comparably priced with housing built on typical 10,000 square foot suburban lots. The difference is on of lifestyle and necessary public improvement Investment. The typical suburban lot requires massive amounts of Investment for improvements necessary to allow urban density, including sanitary sewers, municipal water, storm sewers, paved streets, street lights, large-scale earth moving and landscaping or erosion control measures. Indirect costs Include park development fees, and increasing taxation to pay for schools, police, fire and general governmental expansion. Development time often exceeds a year or two from concept to reality. All these costs, plus large, long-term carrying charges, are built into the cost of each urban home. • • On the other hand, rural development as practiced in Orono is relatively quick and inexpensive. Small rural subdivisions have been completed within 90 days. Each rural lot is subject to extensive site and soil evaluation to ensure adequate, permanent on-site septic system operation. But, the Installation of on-site septic systems and individual wells costs considerably less per unit than municipal sewer or water systems. There is no extensive land alteration and no storm sewer necessary. All access is via the existing street system or by new roads privately owned and maintained by the landowner. Road construction is less expensive, because of the limited use rural sections need not be built to urban design standards. Municipal tax levels remain the same because the development density can be accommodated within the means of the existing public services and facilities. Thus Orono's two acre lots provide a vastly different lifestyle for the same market price as other city's 10,000 square foot urban neighborhoods. .T • ♦ CMP 5-6 i I HOUSING JUNE, 1980 I I SUMMARY OF EXTSTlNG -HOUSING SYlATlSTICS The following sections provide a brief summary of the housing types, occupancy tenure, structural condition and price range of housing in Orono. More detailed information on each subject is provided in the CMP Appendix. I HOUSING TYPES 3 SINGLE FAMILY UNITS MULTI-FAMILY UNITS 2,356 74 97% 3% , % TOTAL NUMBER OF DWELLINGS 2,430 : 1,450 urban; 980 rural By far, f^e’ predominant housing type in Orono is single-family detached dwellings. This is true of both the urban and the rural areas of the City. The number of multi-family structures has remained small with most of these units located in the Navarre Area. The small amount of multi-family development is traceable to a lack of undeveloped urban land, to a lack of available transportation or significant shopping facilities, and to the availability of numerous apartments in nearby Mound, Spring Park, Wayzata and Excelsior. HOUSING TENURE I 3 t I OWNER OCCUPIED 1,920 79% RENTER OCCUPIED 316 13% SEASONAL OR VACANT 194 8% TOTAL NUMBER OF DWELLINGS 2,430 A comparison between housing types and housing tenure reveals that a relatively large number of single family dwellings are rental units and that the total number of rental properties far exceeds the number of multiple family dwelling units. The high percentage of seasonal units reflects the lake-cottage heritage. While many old cottages have been converted to rental or year-round dwellings in the past, there remain a significant number of cottages on the islands which will likely not be converted in the future. I CMP 5-7 HOUSING JUNE, 1980 HOUSING CONDITION GOOD FAIR DETERIORATED DILAPIDATED i . 1' 2,206 173 41 10 90% 7% 2% .4% TOTAL NUMBER OF DWELLINGS 2,430 In order to determine the condition of Orono's existln9 housing stock, a windshield survey was undertaken in October, 1978. To accomplish this task, recognized guidelines were used to rate each unit surveyed by exterior structural condition, with the housing units being rated as Good, Fair, Deteriorated or Dilapidated. The results of’ this windshield survey indicates that a very high pro portion of the housing stock in the City is in good condition by exterior appearance. Most of the deteriorated or dilapidated structures are located in the older areas of Navarre or in some of the rural housing clusters as identified in the CSPP. Others are isolated houses which have not been maintained or occupied in many years. It was alos noted during the windshield survey that several of the deteriorated housing units are either in the process of or have already undergone certain amounts of rehabilitation. COST AND RENTAL PRICE RANGES OF HOUSING IN ORONO. A majority of metropolitan communities have experienced a rapid increase in existing housing value and new housing costs. For example, in 1970, approximately 67% of owner occupied housing units in the metropolitan area were valued at less than $35,000. In contrast, only 31% of the housing units were valued less than $35,000 in 1977. Furthermore, nearly 50% of the 1977 owner-occupied homes were valued at $50,000 or over. I I I I { \ I An analysis was undertaken in Orono as part of this planning program attempt to determine the cost and value of housing in Orono. To accomplish this task. Certificates of Real Estate Value from 1977 to 1978 were examined to gauge existing housing value. The Certificates of Real Estate Value required by the Minnesota Department of Revenue indicates the total purchase price of buildings and property transactions. It was found that approximately 31% of existing residences (buildings and land) were purchased in 1978 for under $50,000. However, it was also found that approximately the same amount of residence^ {25%) were valued in excess of $100,000. Approximately 37.5% of the total number of housing purchased in 1978 were valued between $50,000 and $80,000. CMP 5-8 m i 1 HOUSING JUNE, 1980 j 1 1 J •J J H 1 3 J Building permi-^ records Y®r® examined to estimate the cost of new housing in Orono. The limitations involved using this data source are that land cost is not included. Building permit data was collected and analyzed on an annual basis from 1975 to October 1978. It was found that new housing cost listed at $50,000 or less had decreased significantly since 1975. In 1975, nearly 70% of new housing cost was listed between $20,000 and $50,000. This figure decreased to 26% in 1978. The number of houses listed between $50,000 and $80,000 has remained relatively steady between 1975 and 1978 although yearly fluctuations occur. LOW AND MODERATE INCOME HOUSING \ .in 1970, approximately 17.6 percent of Orono's total housing stock was in the price range affordable to low and moderate income persons as defined by the Metropolitan Council and using federal guidelines. This included homes valued at under $15,000 and units renting for less than $150 per month in 1970 dollars. This compares to an average of 33% on a metropolitan basis. However, it should be noted that a relatively small portion of Orono is urbanized or is provided with such urban services as municipal sewer and water systems. MODEST COST HOUSING Modest cost housing includes private market-rate housing that is affordable to middle income persons. In 1975 dollars, modest cost housing includes privately owned units costing between $20,000 and $40,000 and apartments renting from $260 to $440 per month. In 1970, approximately 30.2% of Orono's single family homes and 19% of its rental units were in the modest cost range. SUBSIDIZED HOUSING UNITS At the present time, the City of Orono does not contain any units of subsidized housing. This is due in part to the lack of, or limited shopping and employment opportunities, public transportation, medical facilities and limited extent of other community services such as municipal sewer and water systems; 3 CMP 5-9 I HOUSING JUNE, 1980 1 METROrOLITAN HOUSING SUBSIDY^ALLOCATION The Metropolitan Council has adopted a Subsidized Housing Allocation Plan to help achieve the goal of increasing locational choice for low and moderate income households throughout the area. To accomplish this, the Council has determined priority aret to assist in the distribution of allocated units. Orono, due to its xevel of services and facilities has been designated a third priority community and based upon this, has been allocated a modest amount of subsidized units. On February 28, 1980, the Metropolitan Council adopted a new allocation procedure for subsidized housing units for the period 1980 - 1983. The formula has changed whereby a dollar amount for different subsidized housing programs has been allocated to each community. These allocations were made on the basis of total census population and projected population growth. No adjustment was made in consideration of Orono*s limited urban area or limited urban service capability. 9 • • $ The following table indicates the dollar amounts allocated to Orono along with the preferred usage for those funds as determined by the Metropolitan Council, and as revised by Orono to reflect only our urban population percentage: only 58% of Orono's population and 59% of Orono’s households are located within the Urban service Area. I I I I I HOUSEHOLD TYPE ALLOCATION rA,MILY Fair Share Percent Dollar Fair Share Potalble Unite Ne%# Construction Possible Units Existing Mousing LARGE FAMILY Fair Share Percent Dollar Fair Share Possible Units Ne%# Construction Possible Units Existing Housing ELDERLY Fair Share Percent Dollar Fair Share Possible Units Mew Construction Possible Units Existing Housing TOTAL UNITS*- Mew Construction - Existing Housing METROPOLITAN COUNCIL ALLOCATION CITY OF ORONO URBAN NEED ASSESSMENT .24 28,882 7 8 .14 16,7S2 4 5 .26 6,250 1 2 .15 3,625 1 1 35,517 8 11 16 21 .37 .21 20,600 5 6 10 12 *Notet New and existing units are not additive - foreula assumes dollars will be spent on one or the other, but not both. HOUSING TENURE ALLOCATION Meed for Renters Meed for Owners 63% 37% 10% 90% SUSSIDIIED HOUSING PROGRAM MIX ALLOCATION Existing Construction 10% Substantial Rehabilitation 18% New Construction 72% 5% 90% 5% Sourcei Metropolitan Council Housing Amendnentsi February, 1980 City of Orono planning and assistance programs CMP 5-10 j J HOUSING JUNE, 1980 •-iii a ORONO'S LOCAL .NEEDS ASSE^SJffiNTJjPROGRAM HAS IDENTIFIED A STRONG NEED FOR ELDERLY ASSISTANCE MID A STRONG NEED FOR SUBSTANTIAL HOUSING REHABILITATION In many cases, this is the identical need which has been generated by the major development surge that occurred in Orono between 1946 and 1955. These post war years were when most of our population increase occurred as returning servicemen purchased former seasonal lake cottages and turned them into year-round residences. They raised families and stayed in their home. These people are now retired and on fixed incomes. They are often widows or widowers without ready resources. This phenomenon also accounts for Orono’s relatively low persons per household figure as used in the CSPP. These long term Orono residents are living in substandard conditions by todays standards. They need help or they will be forced from their homes with no where to go. Thus, Orono has identified our greatest need as housing rehabilitation for elderly homeowners and for alternative elderly housing accommodations in the immediate lake area. HOUSING IMPROVEMENT GOALS AND POLICIES Orono*s Housing Improvement plan is based upon the following Goals and policies which are designed to be consistent with our regional housing responsibilities and with the Goals, Policies and Plans of the other elements of the Community Management Plan. —' HOUSING IMPROVEMENT GOALS a n u 0 1. TO IMPROVE THE HOUSING CONDITIONS OF PERSONS RESIDING IN SUBSTANDARD HOUSING. 2. TO PROVIDE SAFE, HEALTHFUL, AND BLIGHT-FREE RESIDENCES AND NEIGHBORHOOI 3. TO PROVIDE OPPORTUNITIES FOR A MIX OF HOUSING TYPES, LOCATIONS, AND COST RANGES WHICH WILL MEET THE NEEDS AND PROVIDE ADEQUATE HOUSING FOR 7VLL AGE AND FAMILY GROUPS. 4. TO PROVIDE HOUSING TYPES AND RESIDENTIAL DENSITIES CONSISTENT WITH ENVIRONMENTAL AND LAND USE PLANS AND WITH THE AVAILABILITY OF PUBLIC SERVICES AND FACILITIES. 5. TO PROVIDE IMMEDIATELY BENEFICIAL HOUSING PROGRAMS FOR THE GREATEST NUMBER OF NEEDY ORONO RESIDENTS. CMP 5-11 ■[ HOUSING JUNE, 1980 ‘f 1* URBAN HOUSING POLICIES 1, THE RESIDENTIAL AREAS OF URBAN ORONO ARE PRIMARIL"i SUITABLE FOR SINGLE FAMILY HOMES. Because of historic development patterns, most of Orono's urbanized neighborhoods are located along the Lake Minnetonka shoreline, or within 1,000 feet of the shoreline. These lands are environ mentally sensitive to overuse or over development such as typically occurs with large scale developments. Low density residential land use is compatible with Orono's environmental policies of limited hardcover and maximum retention of natural open space and vegetation. 2. ALTERNATIVE HOUSING TYPES WILL BE PROVIDED BY PLANNED RESIDENTIAL DEVELOPMENTS. A limited amount of land is available within the Urban Service Area for planned developments of attached townhomes, garden type apartments or mixed residential and limited commercial land uses. These housing clusters or multiple family developments will be acceptable only where full urban services are avail able and only where the proposed density is compatible with the neighborhood and with local environmental constraints. Multiple family developments generally will not be considered appropriate for lands within 1,000 feet of Lake Minnetonka nor for areas such as Navarre that have limited transportation access to outside employment or shopping facilities. 3. URBAN DENSITY RESIDENTIAL DEVELOPMENT MUST OCCUR WITHIN THE EXISTING URB;JJ SERVICE AREA. Orono's Community Management Plan is not a staged growth plan. The Urban Service Area vill not be expanded into the rural area and urban services and facilities will not be extended into the rural area for purposes of fostering or allowing Increased development in those areas. 4. URBAN DENSITY RESIDENTIAL DEVELOPMENT WILL UTILIZE THE CAPACITY OF EXISTING PUBLIC SERVICES AND FACILITIES. New residential development will be allowed to infill existing vacant properties within the Urban Service Area consistent with environmental limitations and with the existing capacities of water, sewer, drainage, transportation and recreational facilities. New development will not be permitted*^to oVerburden these services at the expense of the existing users. New urban development will not be permitted if it requires additional unplanned local or regional facilities capacity. 1 I I • « CMP 5-12 w HOUSING JUNE, 1980 % a y 3 [j w a *« • • ^1*5. THE CITY WILL PROMOTE SCATTERED SITE DEVELOPMENT AS OPPOSED TO LARGE SCALE TRACT DEVELOPMENT. Scattered site development has less impact on the existing neighborhoods or on the existing public facilities capacities than does a concentration of development at one location. In addition, most of Orono's urban neighborhoods are a homogenous mix of newer and older homes intermingled with an occasional vacant lot or a larger, divisible lot. There is no single neighborhood which is in need of complete renewal or rehabilitation. Therefore, there is no need for nor any economical way ^of assembling a large tract of property for single- ,,project development. 6. THE CITY WILL PROMOTE REHABILITATION OF EXISTING OLDER OR SUBSTANDARD HOMES. Whereas there is no identifiable block of deteriorated housing in the City, there are a substantial number of older homes or converted cottages that are in need of repair, energy conservation measures, or major rehabilitation. In many cases, these homes are occupied by low income or fixed income persons who cannot under take the needed work within their means. The City will promote private and subsidized public rehabilitation efforts to improve the existing housing stock, to improve and maintain the neighborhoods, and most importantly to improve the living conditions of the affected citizens. 7. THE CITY WILL PROMOTE DEVELOPMENT OR REHABILITATION THAT IS COMPATIBLE WITH THE EXISTING NEIGHBORHOOD. The City will encourage all homeowners and developers to be conscious of the neighborhood, the site and the environment in the design and improvement of residential properties. The City will encourage, and in many cases, require the retention of woods and vegetation, open spaces, light, air and scenic views. No new development will be permitted to conflict with or to adversely affect the established neighborhood character. 8. THE CITY WILL PROMOTE SUBSIDIZED REHABILITATION THAT BENEFITS THE EXISTING, OFTEN LONG TERM, ORONO RESIDENT. Our citizens are Orono's greatest asset. As they grow older, we should not turn them out of their homes, but rather we should help them provide safe and comfortable living conditions in their existing neighborhood. CMP 5-13 HOUSING JUNE, 1980 RURAL HOUSING POL-ICIES 1' 1. HOUSING IN RURAL ORONO WILL BE LIMITED TO SINGLE FAMILY HOMES AT ESTABLISHED RURAL DENSITIES. Orono’s Land Use Plan for an ultimate rural density of one dwelling per seven acres on minimum lot sizes of 2 to 5 dry-buildable acres each. This density is consistent with the City's environmental protection commitment and is consistent with the overall Goal of preserving the .\istoric rural character of the area. Because of this preferred use, and because there is no provision for any municipal sewer, water or other urban services, multi-family development or any densely clustered residential development will not be appropriate for rural Orono. 2. THE CITY WILL PROMOTE REHABILITATION OF EXISTING OLDER OR SUBSTANDARD RURAL HOMES. Rural Orono contains a significant number of older homes, which also require repair, energy conservation measures or major rehabilitation. These rural owners also require the same type of assistance often reserved for urban areas. Therefore, the City will promote private and subsidized public rehabilitation efforts in both urban and rural housing improvements programs. HOUSING IMPROVEMENT PLAN Orono's Housing Improvement Plan is a set of implementation policies designed to achieve the above stated Housing Goals and Planning Policies. As has been indicated, the dominant land use in the City of Orono is primarily that of single-family residential homes. There is very limited industrial-commercial development or opportunities for employment and shopping within the City. Orono residents have always relied on the historic town centers in adjacent communities for shopping as well as employment. The general lack of commercial and industrial development and the limited availability of city services such as municipal sewer, water and mass transit will limit the opportunities for, and make it difficult, if possible at all, to provide opportunities for new subsidized housing developments anywhere in Orono. On the other hand, there are deteriorated and dilapidated housing units located throughout the City. Most of Orono's urban dwellings have been upgraded from seasonal cabins through either private or public rehabili^tation programs^^ Other remain in need of attention. CMP 5-14 ^ HOUSING •J H J .1 3 J I i I I JUNE, 1980 *n,n i'l As stated in the Metropolitan Council’s Development Framework Guide, "Improving the housing conditions of persons who are presently inadequately housed and eliminating substandard housing must be a top concern". Thus, rather than pursuing construction of new subsidized housing units in the City, Orono's Housing Improvement Plan is aimed principally at improving the condition of Orono's older homes, both urban and rural, and improving the housing conditions of Orono's many low, moderate and fixed income residents. 1. , ORONO WILL ENCOURAGE COMMUNITY PRIDE. Private initiative has always been a characterstic of Orono residents. Programs will be pursued to encourage continuing maintenance and upkeep of all properties and to promote the privately financed rehabilitation of older and under used properties. 2. ORONO-wiLL PARTICIPATE IN HOUSING REHABILITATION SUBSIDY PROGRAMS. Many Orono residents, both urban and rural, are occupying older housing that has code-related structural, safety or health hazards, substandard living conditions or energy inefficiencies. They would like to improve their housing condition and their neighborhood's appearance, but are unable to because of insufficient income. In many cases, older couples are forced to choose between heat or food or leaving their place of long residence. Orono will continue to actively participate in Community Development Block Grant and Minnesota Housing Finance Assistance programs designed to help these citizens meet their very immediate housing needs. 3. ORONO WILL PROMOTE ENERGY CONSERVATION METHODS AND PROCEDURES. The Building Inspection Department will actively keep abreast of all new systems and products and will assist all homeowners in auditing and i: proving the energy efficiency of their homes. Orono will actively pursue and advertise all available programs for energy conservation funding. 4. ORONO WILL SUBSIDIZE LAND COSTS FOR CERTAIN NEW LOW AND MODERATE INCOME HOUSING OPPORTUNITIES. Zoning variances will be granted whenever reasonable to allow use of existing urban lots for new moderate income housing. Tax-forfeited lots will be purchased for resale at cost to provide minimal cost property for the construction of low and moderately priced housing. a CMP 5-15 housing. JUNE, 1980 5. 6. I' ORONO WILL ENCOURAGE t>EVELOPERS TO PROVIDE A VARIETY 01 HOUSING^^T AND COST RANGES. Whenever a multiple family setting aside development is “ssge families and/or for low and a reasonable ‘participate and assist developers moderate income ^ees or^other suitable forms of housing in applications for loan orono does not have suitable subsidy aids which may be availabl . . £ not individually land for. extensive new development and is pursue new construction gn^gidy programs'that place philosophically opposed t ^ taxpayers. Therefore, Orono excessive burdens or debts on f Iona term or open-will be extremely reluctant to participate in long term or p ended programs such as HUD Section ORONO WILL COOPERATE :LreIaeriro«-“ find available o?j.ng of quotas, allocations, bondingwith nearby municipalities in pool g order to work capacity, subsidy ^Werirhousing at locations rh:rtrr««%rhre^7et':no'“n:enient to nLessary shopping, transportation and medical facilities. 7. .mwN.v tvttt tst? cimTFPT TO UNIFORM STATE BUILDING CODE S™l“wlLL NOT BE DOZENED WITH^™^^ or:intru:;.::nt rinstall^ions as the^ standards only ?or ilt and lot’density willfreedom of choice. Zoning standards for lo^^ public facilities be based strictly upon environmen ^ based upon' minimum availability. Zoning "“^'‘.^‘rirrprotection and open space health and safety ““'^^“perlormance standards will be availability. sound, weather resistant buildings enforced to ensure orotection for the future providing adequate health and ^ ^ occupant and for the general public s welf .T CMP 5-16 »^ESr apm (bi PO^'-S PO«T y^-/c-/ crystal 8AY *^«N€SS spring pari L'fr« S'minne ^^avbeach Atu § 1THI52. S£T, SPRING ?APK bay . M'/C-/ 5frj e ol N • if CAP man Pay I A v*0» 'y c *!■ ' LAFAYETTE BAY / A« Wt, iTpNK BAY t.*• B-6 •'lonned Urban D-:velopment Industrial District LR-1C Adopted by Ordinance 172, December 19, ’ Effective January 1, 19; As amended by: Ordinance 185, Ordinance 189, Ordinance 201, Ordinance 206, Ordinance 213, Ordinance 214, Ordinance 228, Ordinance 236, June 14, 1976 November 22, 1976 October 11, 1977 January 9, 1978 October 26, 1978 November 14, 1978 February II, 1980 January 12, 1981 0 Oi 0 O III -ESilil' 5;»|i iSI m 1^ ¥ LR-1C-I B-5 INSERT NAVARRE AREA DETAIL MAP 6000 ft.Road Key irv 'r poahc ISBERG RiESENBERG CHELSETH and ASSOCIATES tfe-ic- m • maxwell I a 2-^ act PiSTiticr i"i g (,3) li?. (lOi (12)(10) >*0-9-y. / I (21) \ 18) AODM. >a A i % S2X3 ••••••••< »•••• %• (10) ID'*r*. il a. 1 V s I '-4>’S ** 5 (15) 100 aa HH \y'^ 204, Si bow^JS l/H 174 es ............ 7M.7I kf^UQ^w 5^. 07 I* r» ■1^\ f 1 19 s •'.* g • (3) • i•• » 9 / / 3 (6) • S’(7) in (8) • / —I Affidavit of Publication (x ““ | CITY OF ORONO 2750 K»ll«y Parkway, P.O. Bei 08 Crystal Bay, MN 55323 Phona (612X73-7357 Fa* 473- 0510 *r' NOTICP The Planning Commission will hold a Council Chambers at Tuesday. February 15. 1999 at 6.30 p.m. on the maitar of a proposed revision to the Orono Zonino Code Section 10.26 Subdivtsioo 3 regarding the lR-iC-1 One-Family Lakeshore Rasidential S'jodistnct. The proposed revision would eliminate lha ajowance ol a 50% incraasa in dwafling unit density over that ol the LR-1C District, and may result in eliminaiion of the LR-lC-1 Zoning District, in which case alt properties so zoned would revert to LR-1C zoning. The rneeting begins at 6;30 p.m. The puDiic heartnj will bbrnmence at 6.*30 p.m. All perions wishing to be heard will appear at this time. Written comments are soiidted. A map showing the affected properties is available at the City Offices. City of Orono By: Planning Commission K^chael P. Gaffron, Senior Planr>ing Coordinator I— PioneerJan. 30 and Feb 6.1999) Slate of Minnesota, County of Hennepin. Bill Holm, being duly sworn on oath, says that he is an authorized agent and employee of the publisher of the newspaper known as THE LAKEF^, Mound, Minnesota, and has full knowledge of the facts which are stated below: A. ) The newspaper has complied with all the requirements constituting qualifications as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.97, and other applicable laws, as amended. B. ) The printed Revision To;___________ Orono Zoning Code Sect 10.26 which Is attached was cut from the columns of said newspaper, and was printed and published once each week for 2 successive weeks: It was first published Saturday the-----IQ day of January iq99 and was thereafter printed and published every Saturday, to and including Saturday, thfl 6 (Jay nf February \9 99 . utnorized Agent Subscribed and sworn to me on this day of February , 19 .T Nota^ Public KRISTI HOLM ruaiic • MWNf JOT* Crtr^^iSSlON EXPIRES (1) Lowest tta ssfllBiTra tB paW Uyxornmeieja l naA rs lor comparable space: $12.90 per inch. (2) Maximum rate allowed by law for above matter: $12.90. (3) Rate actually charged lor above matter: S7.19 per inch. Each additional successive week: $5.14. o -i..GlTYof ORONO 1'Municipal Offices Street Address: 2750 Kelley Parkway Orono, MN 55356 Mailing Address: P.O. Box 66 Crystal Bay, MN 55323 0066 PUBLIC HEARING NOTICE The Planning Commission will hold a public hearing in the Council Chambers at 2780 Kelley Parkway pn.Tuesday, February 16, 1999 at 6:30 p.m. on the matter of a proposed revision to the Orono ZPning Code Section 10.26, Subdivision 3 regarding the LR-lC-1 One-Family Lakeshore Residential Subdistrict. The proposed revision would eliminate the allowance of a 50% increase in dwelling unit density over that of the LR-IC District, and may result in elimination of the LR-lC-1 Zoning District, in which case all properties so zoned would revert to LR-IC zoning. The proposed revision would decrease the potential number of dwelling units that could be developed on properties within the LR-lC-1 zone. The meeting begms at 6:30 p.m. The public hearing \vill commence at 6:30 p.m. All persons wishing to be heard will appear at this time. Written comments are solicited. A map showing the affected properties i: attached. All neighboring properties within 350' of the affected properties are also being notified of tli*: public hearing. Any questions may be directed to Mike Gaffron, Senior Planning Coordinator, at 473-7357. TekphoBC (612) 473-7357 • FAX 4734)510 COUNCIL MHETIN Q ^AY 1 1 2998 REQUEST FOR COUNCIL ACTION C/TY Or OfiONo ‘ DATE: May 8,1998 *r'r ITEM NO : 10 \ Department Approval: Name RonMoorse Title City Administrator Administrator Reviewed:Agenda Section: City Administrator's Report Item Description: Ordinance Enacting a Moratorium on Development in the LR-lC-1 Zoning District The City's LR-1C-1 zoning district currently allows, as an additional permitted use, a credit allowing *a 50% increase in dwelling unit density over the LR-IC district. The City has found that the current Code language regarding the density credit does not provide the City with the ability to adequately protect the health, safety and welfare of the commumty. Therefore, it is necessary that a study be conducted'to determine Code changes that would provide for adequate protection of health, safety and welfare. To provide a time period during which the City can accomplish the study and ordinance changes, it is necessary to enact a moratorium on development in the LR-1 C-1 zoning district. Staff recommends a six-month moratorium expiring on November 16, 1998. An ordinance enact'mg a moratorium on development in the LR-1 C-1 district will be provided at the Council meeting. COUNCIL ACTION REQUESTED: Motion to adopt an ordinance enacting a moratorium on development in the LR-lC-1 zoning district, expiring on November 16, 1998. ORDINANCE U 175,2ND SERIES AN ORDINANCE ADOITING AN INTERIM MORATORIUM ON THE GRANTING OF CREDITS ALLOWING A 50% INCREASE IN DWELLING UNIT DENSITY IN THE LR-lC-1 DISTRICT The City Council of Orono does ordain: SECTION 1. Statement of Policy. The purpose of Orono Municipal Code Chapter 10 is to provide for the orderly development of residential properties so as not to unreasonably conflict with the current residential character of the City. The City is concerned that its current regulations in Section 10.26, Subd. 3 related to a credit allowing a 50% increase in dwelling unit density and the LR-lC-1 zoning district are not adequate to ensure this. SECTION 2. Interim Moratorium. The City needs time to conduct a study to determine whether new regulations are needed; and, if so, to develop and adopt new regulations. To enable time for this process, the City Council finds it necessary to impose a 190 day moratorium pursuant to Minnesota Statute Section 469.355, Subdivision 4, on the granting of applications pursuant to Section 10.26, Subd. 3 in the LR-lC-1 District. SECTION 3. Effective Date. This ordinance shall be effective as of May 11, 1998. Adopted by the City Council of Orono on this 11th day of May, 1998, by a vote of 5 __ayes and 0 nays. Gabriel Jat^our, Mayor ATTEST: /.OjU. Linda S. Vee, City Clerk ■ ■; Published In the Laker and Pioneer newspapers the week of June 6, 1998. ■N 2- REQUEST FOR COUNCIL ACTION 1' Date: November 6,1998 Item No, Department Approval:Administrator Approval: Name: Michael P. Gaffron Title: Senior Planning Coordinator Item Description: Extend LR-1C-1 Moratorium Agenda Section: Zoning Ordinance U\15, 2nd Series, adopted May 11, 1998 established a 190-day moratorium on the granting of applications which would make use of the LR-lC-1 50% increase in dwelling unit density. That moratorium expires November 16 unless Council renews it on November 9. Since the study of this topic has not been completed, staff recommends that the moratorium be extended 180 days. A copy Ordinance #175, 2nd Series is attached. Staff will present an ordinance to extend the moratorium at Monday's meeting. Council Action Requested Adopt an extension to the moratorium established in Ordinance #175,2nd Series. ORDINANCE # 180 ,2ND SERIES * AN ORDINANCE EXTENDING AN INTERIM MORATORIUM ON THE GRANTING OF CREDITS ALLOWING A 50% INCREASE IN DWELLING UNIT DENSITY IN THE LR-lC-1 DISTRICT The City Council of Orono does ordain: SECTION 1. Statement of Policy. Tlie purpose of Orono Municipal Code Chapter 10 is to provide for the orderly development of residential properties so as not to unreasonably conflict with the current residential character of the City. The City is concerned that its current regulations in Section 10.26, Subd. 3 related to a credit allowing a 50% increase in dwelling unit density and the LR-lC-1 zoning district are not adequate to ensure this. The City Council determined that time was needed to conduct a study to determine whether new regulations are needed; and, if so, to develop and adopt new regulations. SECTION 2. Extension of Interim Moratorium. To allow lime for the study defined in Section 1 the City Council imposed a 190 day moratorium pursuant to Minnesota Statute Section 469.355, Subdivision 4, on the granting of applications pursuant to Section 10.26, Subd. 3 in the LR-lC-1 District. The initial moratorium is set to expire on Tuesday, November 17,1998. Because the City has not yet completed the study which may result in ordinance revisions, it is necessary to extend the moratorium to May 15, 1999. SECTION 3. Effective Date. This ordinance shall be effective upon publication. Adopted by the City Council of Orono on this 9th day of November, 1998, by a vote of 5 ayes and 0 nays. ATTEST: Linda S. Vee, City Clerk Published in the Laker/Pioneer newspapers the week of November 14, 1998 • A To: From: Date: Subject: Chair Smith and Planning Commission Members Ron Moorse, City Administrator Mike Gaffton, Senior. Planning Coordinator January 29,1999 #2459 “ Corrections to Ordinance No. 161, 2nd Series (Telecommunications Towers and Antennas) List of Exhibits A - Prcpobcd ordinance B - Oidinance 161,2nd Series as adopted May 27, 1997 There is a need to clarify and correct certain provisions of Ord. #161,2nd Series which was adopted in May 1997. That ordinance deleted, added or revised language in a number of code sections, as follows: t • 1. Added a number of antenna-related definitions to Section 10.02 ("Definitions"). 2. 3. Added a sentence of qualifying language to Section 10.03 ("General Provisions") Subd. 17 stating personal wireless and commercial antennas are not public service structures. Added a sentence of qualifying language to the R-IA Public Service Structures conditional use in Section 10.20 ("R-IA District) Subd. 3D. 4. Deleted 'Antenna Structures' from the list of R-1A conditional uses in Section 10.20, Subd. 3. 5. Deleted 'Antenna' from the list of R-1 A accessory uses in Section 10.20 Subd. 4. 6. Added language to the list of R-IA accessory uses to include 'Accessory Antennas' and 'Amateur Shortwave Radio Antennas and Towers' in Section 10.20 Subd. 4H. 7. 8. 9. Added 'Personal Wireless Service Antennas and Towers' to the list of RR-IB permitted uses in Section 10.28 ("RR-IB District") Subd. 2B. Added qualifying language to the B-1 Public Service Structures permitted use in Section 10.40 ("B-1 District") Subd. 3 F. Apparently deleted 'Antenna Structure' from the list of B-1 permitted uses in Section 10.40 Subd. 31. 10. Apparently deleted 'Antenna' from the list of B-1 accessory uses in Section 10.40 Subd. 5H. Telecommunication Towers and Antennas January 29, 1999 Page 2 - t . r 11. Apparently added 'Personal Wireless Service Antennas and Towers' to the list of B-1 (permitted? conditional? accessory?'! uses in Section 10.40 Subd. (3? 4? 5?). 12. Added qualifying language to the B-4 Public Services conditional use in Section 10.43 ("B-4 District) Subd. 4J. 13. Added qualifying language to the B-5 Public Service Structures conditional use in Section 10.44 ("B-5 District") Subd. 4C. 14. Deleted 'Antenna Structure' from the list of Industrial District conditional uses in Section 10.50 ("1 District") Subd. 3B. 15. Deleted 'Antenna or antenna structures' from the list of structures that could be allowed 50% height increase via CUP in Section 10.75 ("Height of Structures") Subd. 1. Functional Impacts of Items 1-15 The impact of item 1 is to define the various telecommunication tenns. The impact of items 2-3-8-12-13 is that "personal wireless service and commercial broadcast antennas" will jjfii be considered as public service structures, and therefore do not fall under the public service structures CUP. The impact of items 4-5-6 is that Accessory Antennas are now an allowed accessory use in the R-1A (and in all other R districts that refer back to the R-1 A accessory uses) subject to detailed regulations; and that Amateur Short Wave Radio Antennas and Towers which do not qualify as accessory antennas mav be allowed via a CUP if they meet certain standards. The impact of item 7 is that Personal Wireless Serv ice Antennas and Towers are allowed as a highlv- regulated permitted use in RR-IB and RR-lB-1. only when placed on a municipal structure (i.e. the water tower near City Offices). The impact of items 9-10 is that Antenna Structures are no longer allowed as a conditional use in the B-1 District, and Antennas are no longer allowed as an accessory use in B-1. These two items act to make all existing B-1, B-3, B-4, B-6 and T district antennas non-conforming, and make B-1 and B-3 antenna structures non-conforming. This is because no new Accessory Antenna provisions were adopted for B-1. Section 3 of the proposed ordinance w ill take care of this problem by allowing accessory antennas and amateur short-wave antennas/towers in these "B" districts under the same conditions they are allowed in the Residential districts. Telecommunications Towers and Antennas Januar\' 29, 1999 Page 3 . 1' The impact of item 11 is that Personal Wireless Service Antennas and Towers are allowed as a highly-regulated (permitted? conditional? accessory?’! use in the B-1 and B-3 districts (and also in the B-4, B-6 and T districts if it is an accessory use in B-1) only when placed on a municipal structure...but there are no municipal structures in the B-1. B-3. B-4 or I districts!!!! The Navarre water tower is in the LR-IC district. The only municipal structure in B-6 is the well house near Otten Brothers Nursery. Since we don't want a PWS antenna or tower on the well house, then item 11 needs to be dropped . Section I of the proposed ordinance deletes the portion of Ord. 161, 2s that allowed Personal Wireless Service Antennas and Towers in the B districts. It also re-enacts the portion that adds qualifying language to the Public Services conditional use. Section 2 deletes the "Antenna Structure" conditional use from B-1 in the same way it was deleted in all other districts. The impact of item 14 is that any existing I district antenna structures are now non-conforming . This is also resolved by Section 3 of the proposed ordinance. The impact of item 15 is that antennas and antenna structures are no longer allowed a 50% increase in height via CUP. Clarifying Questions Q, Did the Council intend that Accessory Antennas not be allowed in the 'B* or T districts? This has a significant negative impact on existing businesses, as many have existing accessory antennas which are no longer conforming. It is staffs opinion that the Council did not intend to disallow accessory antennas in the B and I districts. To resolve this, we should simply add the 'Accessory Antennas' and 'Amateur Short Wave Radio Antennas and Towers' provisions into the B-1 list of accessory uses {Section 3 of proposed ordinance). This will allow such antennas and towers in B-1, B-3, B-4, B-6 and I districts (but not in B-2 or B-5, which do not reference the B-1 accessory uses). As a separate issue not to be dealt with at this time, should accessory antennas be allowed in B-2 or B-5? Some may already exist... Q. Did the Council intend that Personal Wireless Service Antennas and Towers be limited to just the two City water towers? Staff believes this was the Council's intent. If so, then the Personal Wireless Service Antennas and Towers provision should be removed from the B-1 section and placed in the LR-IC section. Sections I and 4 of the proposed ordinance accomplish this. Telecommunications Towers and Antennas January 29, 1999,-’ , » . r Page 4 Staff Recommendation Staff recommends adoption of the attached ordinance which: 1. 2. Adds the 'Accessory Antennas' and 'Amateur Short Wave Radio Anteruias and Towers' provisions into the B-1 list of accessory uses. Rescinds Section 8 of Ordinance No. 161 2nd Series and correctly re-adopts the first three provisions of Section 8 (adding language to 10.40 Subd. 3F, deleting 10.40 Subd 41, and deleting 10.40 Subd 5H). 3.' Adds the 'Personal Wireless Service Antennas and Towers' provisions into the LR-1C list of accessory uses. A topic which may ultimately need discussion at some future date is whether antenna provisions should be added to the B-2 and B-5 districts. However, that was not intended to be part of this merely 'corrective' action regarding Ordinance 161 2s, and cannot be acted upon without a separate hearing. Options for Action Accept any public comments at the public hearing, then: ORDINANCE NO. AN ORDINANCE AMENDING ORONO ZOJ4ING <JODE SECTIONS 10.25 AND 10.40 AND AMENDING ORDINANCE NO. 161,2ND SERIES PERTAINING TO REGULATIONS FOR CONSTRUCTION AND PLACEMENT OF TELECOMMUNICATION TOWERS AND ANTENNAS The City Council of the City of Orono, Minnesota does hereby ordain: Section 1. Section 8 of Ordinance No. 161, 2nd Series adopted by the City Council on May 27, 1997 is hereby deleted, and the following language substituted in its place: "Section 8. Section 10.40, B-1 Retail Sales Business District, Subdivision 4(F) is hereby deleted and the following language substituted in its place: "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 anteimas and towers shall not be considered public service structures." Section 2. Orono Municipal Zoning Code Section 10.40, Subdivision 4(1), "Antenna Structure" is hereby deleted. Section 3. Orono Municipal Zoning Code Section 10.40 Subdivision 5(H), "Antenna" is hereby deleted and the following language substituted in its place: "H. Communication Reception/Transmission Devices. 1. Accessory Antennas. Accessoiy' antennas shall be limited to radio and television receiving antennas, satellite dishes, TVRO's, and amateur short-wave radio transmitting and receiving antennas. Accessoiy antennas that are accessor)' to the principal use of the property are permitted accessory uses in all zoning districts provided they meet the following conditions: a. Height. A ground mounted accessor)' antenna shall not exceed twenty (20) feet in height from ground level. Page I of 4 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. . t . 1' c. Roofs. If vegetation or obstmctions interfere with satellite signals at a location in any allowable placement area, the accessory antenna may be placed on the roof of any authorized stmcture on the premises. d. Accessoiy' antennas shall not be located within a required yard or setback area or within drainage or utility easements. Antenna towers shall be set back from adjacent property lines a horizontal distance no less than the ma.ximum height of the antenna. e. Building Permits. A building permit shall be required for the installation of any accessory antenna requiring a conditional use permit. Building permit applications shall be accompanied by a site plan and structural component data for the accessory antenna, including details of anchoring. The Building Official must approve the plans before installation. , . f Lightning Protection. Each accessory antenna shall be grounded to protect against natural lightning strikes in confomiance with the National Electrical Code as adopted by the City of Orono. g. Electrical Code. Acessoiy' 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 antenna 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 antennas and tpwers 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. Page 2 of 4 ...2 Section 4. Orono Municipal Zoning Code Section 10.25, Subdivision 3 is hereby amended by adding Subdivision 3(B) to read as follows: "K Personal Wireless SerUce Antennas and Towers. 1. Purpose and Intent. The purpose of this section is to establish predictable, balanced regulations for the siting and screening of wireless communications equipment in order to accommodate the growth of wireless communication systems within the City of Orono while protecting the public against any adverse impacts on the City's aesthetic resources and the public welfare. 2. Personal Wireless Service Antennas. Personal wireless service antennas erected on a municipal structure may be allowed as a secondary use by administrative permit, provided they comply with the City policy regarding the use of City- owned property for wireless telecommunication antennas and provided they meet the following conditions: a. The antenna shall be in compliance with the Minnesota State Building Code and all other applicable federal and state regulations and permits. b. Structural design, mounting and installation of the antenna shall be in compliance with manufacturers specifications aid shall be verified and approved by a registered professional engineer. c. No advertising mesage shall be affixed to the antenna. d. Antennas shall not be artificially illuminated unless required by law or by the Federal Aviation Administration (FAA) to protect the public’s health and safety. e. When applicable, proposals to erect new antenna shall be accompanied by any required federal, state, o local agency licenses. f. Transmitting, receiving, and switching equipment shall be housed within the existing structure. If a new equipment building is necessary for transmitting, receiving and switching equipment, it shall be situated in the rear yard of the principal use and shall be screened from view by landscaping. g. All obsolete and unused antennas shall be removed within twelve (12) months of cessation of operation at the site, unless an exemption is granted by the City Administrator or designate. The removal shall be the responsibility of the communication provider. h. Antennas shall utilize camouflaging techniques or shall be side mounted to an antenna support structure in order that such facilities are compatible with the character and environment of the area in which they are located. Page 3 of 4 (5B) Antenna Support Structure. Any building or other structure other than a tower which can be used for location of antennas. (5€) Antenna Tpw?r. self-supporting lattice, guyed or monopole structure constructed from grade which supports personal wireless service antennas. (54) Public Services. Underground or overhead gas, electrical, steam or water transmission or distribution systems, collection, communication, supply or ■disposal systems including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, traffic signals, hydrants or other similar equipment and accessories in conjunction therewith; but not including buildings or major structures located above ground level. Personal v^ireless services and commercial broadcasting antennas and towers shall not be considered public service structures. (56B) Secondary Use. A use of land or of a building or a portion thereof which is subordinate to and does not constitute the primary use of the land or building. I • Section 2. That Section 10.03, General Provisions, Subd. 17, Essential Services, of the above-entitled ordinance be amended to read as follows: Subd. 17. This Zoning Chapter shall require a permit for all structures including utility poles and right-of-ways which are an integral part of a system for public transportation as for transmitting power, water, heat, communications, gas or sewage by any public utility. The Council shall grant a conditional use permit only after a shc'ving tliat the public safety, health and welfare will not be harmed by the essential services. Personal wireless services and commercial broadcasting antennas and towers shall not be considered essential services. Section 3. That Section 10.20, R-1 A, One Family Residential District, Subd. 3 (D), of the above-entitled ordinance be amended to read as follows: D. Public Service Structures. Public service stmctures, including but not limited to, electric transmission lines, buildings such as telephone exchange stations, booster or pressure regulating stations, wells, and plumbing stations, elevated tanks, lift stations and electrical power substations, provided no building shall be located within 50' from any lot line of an abutting lot in an "R" District. Prior to granting such permit it shall be found that the architectural design of service structures is compatible to the neighborhood in which it is to be located and thus will promote the general welfare. Public service structures as defined above that have been approved by the City at required public hearings for public improvements projects shall not require a conditional use permit but such structures shall be subject to all other appropriate standaids ‘"r- set forth in this section; amendments to approved plans involving design and/or placement of these structures will require written notice by the City to all affected property owners 14 days prior to the adoption of the amended plans by**the didoncil. Personal wireless services and commercial broadcasting antennas and towers shall not be considered public service structures. Section 4. That Section 10.20, R-1 A, One Pamily Residential District, Subd. 3 of the above- entitled ordinance be amended by deleting (K) and (M) as follows: ifc-----Antenna Structures. One independeat antenna stmetui'c with antenna or combination of antenna attached thereto, aubordinatc to and servicing-the principal use-or structure on the flame lot ond eustomorily incidental thereto that is not attached to anther structure provided -the height of the antenna structure does not exceed 65 feet and the antenna structure is act back from any lot line a distance at least equal to-the total height of the antenna structure; » •» • M:-----Antenna Strueturca. -One independent antenna strueture with antenna or combination of antenna attached thereto, suberdinatc to and servicing the principal use or structure on the oamc lot and-customarily mcidental thereto that is not attached- to anther atructurc provided the height of the antenna structure does not exceed 65 feet and the anteana strueture w-ae Section 5. That Section 10.20, R-1 A, One Family Residential District, Subd. 4 of the above- entitled ordinance be amended by deleting (H) to read as follows: ------Antenna. Any antenna or combination of antenna rigidly attached to the principal or acccssoty stnicture provided that none of the foregomg exceeds the total height allowed in Section 10.75; Section 6. That Section 10.20, R-1 A, One Family Residential District, Subd. 4, (H), of the above-entitled ordinance be amended by adding a new subsection (H) to read as follows: H. Communication Reception/Trnnsmission Devices of the Orono City Codr is hereby added to read as follows: Accessory Antennas. Accessory Antennas shall be limited to radio and television receiving antennas, satellite dishes, TVROs, and amateur short-wave radio transmitting and receiving antennas. Accessory Antennas that are accessory to the principal use of property are permitted accessory uses in all zoning districts provided they meet the following conditions: m (a) Height. A ground mounted accessory antenna shall not exceed twenty (20) feet in height from ground level. (b) , ., Yqr/is, Accessory antennas shall not be located within the required front yard setback, comer side yard setback or side y^d setback abutting a street. Roofs. If vegetation or obstmctions interfere with satellite 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. Accessory antennas shall not be located within a required yard or setback area or within drainage or utility easements. Antenna towers shall be set back from adjacent property lines a horizontal distance no less than the maximum height of the antenna. * (e) Building Permits. A building permit shall be required for the installation of any accessory antenna requiring a conditional use permit. Building permit applications shall be accompanied by a site plan and stmctural component data for the acce. ory anterma, including details of anchoring. The Building Official must approve the plans before installation. 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 cormections shall be designed and installed in conformance with the National Electrical Code as adopted b> the City of Orono. (h) Color/Content. Accessory antennas shaU 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 peonit in all zoning districts provided they meet the following conditions: (a) Height. When an amateur short-wave radio antenna is mounted on an antenna tower, the total height of the antenna and tower shall not exceed 65 feet. •a/,- IV (b) Yards. Amateur short-wave radio antennas 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. Section 7. That Section 10.28, RR-IB, One Family Rural Residential District, Subd. 2, Permitted Uses, of the above-entitled ordinance be amended by adding a new subsection (B) to read as follows: B. Personal Wireless Service Antennas and Towers. Purpose and intent. The purpose of this section is to establish predictable, balanced regulations for the siting and screening of wireless communication equipment in order to accommodate the growth of wireless communication systems within the City of Orono while protecting the public against any adverse impacts on the City's aesthetic resources and the public welfare. Personal Wireless Service Antennas. Personal wireless service antermas erected on a municipal structure may be allowed as a secondary use by administrative permit, provided they comply with the city policy regarding the use of city-owned property for wireless telecommunication antennas and provided they meet the following conditions: (a) The antenna shall be in compliance with the Minnesota State Building Code and all other applicable federal and state regulations and permits. (b) Structural design, mounting and installation of the antenna shall be in compliance with manufacturer's specifications and shall be verified and approved by a registered professional engineer. (c) No advertising message shall be affixed to the antenna. s . sn/i* (d) Antennas shall not be artificially illuminated unless required by law or by the Federal Aviation Administration (FAA) to protect the public's health and safety. *« .. iv (e) When applicable, proposals to erect new antenna shall be accompanied by any required federal, state, or local agency licenses. •.* Transmitting, receiving, and switching equipment shall be housed within the existing structure. If a new equipment building is necessary for transmitting, receiving and switching equipment, it shall be situated in the rear yard of the principal use and shall be screened from view by landscaping. All obsolete and imused antennas shall be removed within twelve (12) months of cessation of operation at the site, unless an exemption is granted by the City Administrator or designate. The removal shall be the responsibility of the communication provider. .Antennas shall utilize camouflaging techniques or shall be side mounted to an antenna support structure in order that such facilities are compatible with the character and environment of the area in which they are located. (i) The applicant shall demonstrate by providing a coverage^mterference analysis and capacity analysis prepared by a registered professional engineer that the location of the antennas as proposed is necessary to meet the frequency spacing needs of the personal wireless service system and to provide adequate portable personal wireless service coverage and capacity to the area. Section 8. That Section 10.40, B-1, Retail Sales Business District, Subd. 3 of the above entitled ordinance be amended to read as follows: 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 broadcastin g antermas and towers shall not he considered public service structures. tt;-----Antenna. Any oate tma or combination of antenna rigidly attach ed'to-fee principal or aeecaaoo' strueture provided that none of the foregoing exceeds the total height allow ed in Section 10.7S. *r.,n % •. n- h------Antenna Structure.- One independent antenna strueture, with antenna -er combination of ant enna -attaehed -ihereto, subordinate to and aemeing -the principal uae -or atrueture on the some lot and cuatomarily -inetdental thereto that is net attaehed -to-anoth er strueture-provided the height of the ante nna strueture does not exceed 6 5 feet end the antenna atruetu re is act back firon> any lot line a distance at leoat -equal to the total height of the antenn a strueturer H. Personal Wireless Service Antennas and Towers. Purpose and intent. The purpose of this section is to establish predictable, balanced regulations for the siting and screening of wireless communication equipment in order to accommodate the growth of wireless communication systems within the City of Orono while protecting the public against any adverse impacts on the City's aesthetic resources and the public welfare. Personal Wireless Service Antennas. Personal wireless service antennas erected on a municipal structure may be allowed as a secondary use by administrative permit, provided they comply wdth the city policy regarding the use of city-owned property for wireless telecommunication antennas and provided they meet the followring conditions: (a) The antenna shall be in compliance with the Minnesota State Building Code and all other applicable federal and state regulations and permits. Structural design, mounting and installation of the anteima shall be in compliance with manufacturer's specifications and shall be verified and approved by a registered professional engineer. (c) No advertising message shall be affixed to the antenna. (d) Antennas shall not be artificially illuminated unless required by law or by the Federal Aviation Administration (FAA) to protect the public's health and safety. • • ‘iv * • (e) When applicable, proposals to erect new antenna shall be accompanied by any required federal, state, or local agency licenses. *« .. n* (f) Transmitting, receiving, and switching equipment shall be housed within the existing structure. If a new equipment building is necessary for transmitting, receiving and switching equipment, it shall be situated in the rear yard of the principal use and shall be screened from view by landscaping. All obsolete and unused antennas shall be removed within twelve (12) months of cessation of operation at the site, unless an exemption is granted by the City Administrator or designate. The removal shall be the responsibility of the communication provider. » • • • •» .* Antennas shall utilize camouflaging techniques or shall be side mounted to an antenna support structure in order that such facilities are compatible with the character and environment of the area in which they are located. (i) The applicant shall demonstrate by providing a coverage^mterference analysis and capacity analysis prepared by a registered professional engineer that the location of the antennas as proposed is necessary to meet the frequency spacing needs of the personal wireless service system and to provide adequate portable personal wireless service coverage and capacity to the area. Section 9. That Section 10.43, B-4, Office and Professional Business District, Subd. 4 (J), Public Services, of the above-entitled ordinance to be amended to read as follows: J. Public Services. Public service structures, including, but noi limited to, electrical transmission lines and buildings such as telephone exchange stations, booster or pressure stations, elevated tanks, lift stations and electric power substations. Personal wireless services and commercial broadcasting antennas and towers shall not be considered essential services. Section 10. That Section 10.44, B-5, Limited Neighborhood Business District, Subd. 4 (C), Public Service Structures, of the above-entitled ordinance to be amended to read as follows: 8 c.Public Service Structures. Public service structures, including, but not limited to, electric transmission lines in buildings such as telephone exchange stations, booster or pressure stations, elevated tanks, lift stations and electric • powfr subst^itiqns. ifersonal wireless sendees and commercial broadcasting antennas and towers shall not be considered essential services. Section 11. That Section 10.50, I, Industrial District, Subd. 3, of the above-entitled ordinance to be amended by deleting subsection (B) to read as folloNvs: B:-----Antenna- Structure.—One independent ontenna structure >vith antenna-Of ee sabmotton of antenna attached-thefcto,-subordinate to and semeing the principal use er stroeturc on the samelot-and eustemarily ineidentol thereto that is not attached to another atrueture previded-the-height-ef the antenna structure -docs not exceed 65 feet and the antenna strueture-is-set back from any lot line a distance at least equal to the total height of-the antenna strueturcT Section 12. That Section 10.75, Height of Structures, Subd. 1, of the above-entitled ordinance be amended and realphabetized to read as follows: Subd. 1. Special Provisions. The height limitations imposed by other provisions of this Chapter may be increased by conditional use permit by 50 percent when applied to the following simctures: Ar Antenna er antenna structures: BrA. Gt B. BC. ErD. Ft E. Gt F. IhG. hU. H. KrJ. fcrK. Mt L. NM. Church spires. Belfries. Cupolas and domes which do not contain useable space. Monuments. Water towers. Fire and hose towers. Observation towers. Flag poles. Chimneys. Smokestacks. • Parapet walls extending not more than three feet above heigiit of the building. Cooling towers. Elevator penthouses. A r Section 13. Adoption and Publication. This ordinance shall be published in The Pioneer and The Laker newspapers and become effective immediately upon publication. May Adopted-by the« City itCouncU of Orono, Minnesota on this 27th day of ____, 1997 by a vote of__£ ayes and 0 nays. AirTEST: Dorothy M.vHallln, City Clerk GabrielS^abbour, Mayor Publish in the Laker and Pioneer newspapers the week of June 7, 1997. •ail' CITYOFORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phopc (612)fip-7357 Fax 473-0510 NOTICE The Planning Commission will hold a public hearing in the Council Chambers at 2780 Kelley Parkway on Tuesday, February 16,1999 at 6:45 p ro. on the matter of a proposed revision to Orono Zoning Code Section 10.40, the B-1 Retail Sales Business District and Section 10.25, the One- Family Lakeshore Residential District in regards to regulations for construction and placement of telecommunication towers and antennas. The intent of this proposed zoning amendment is to clarify and correct the provisions of Ordinance No. 161,2nd Series adopted on May 27,1997. % The meeting begins at 6:30 p.m. The public hearing will commence at 6:45 p.m. or as soon thereafter as possible. All persons wishing to be heard will appear at this tune. Written comments are solicited. A copy of the proposed amendment is available for review at the City Offices. City of Orono By: Planning Commission Michael P. Gaf&on, Senior Planning Coordinator To be published the weeks of January 30,19^/9 and February 6,1999. Affidavit of Publication CITY OF ORONO 2780 Ktitoy Parkway, P.O. loi 68 Cryatal Bav, MN 86323 PhoM (612)4^7387 Fax 473« . 0810 i NOTICE Tht Planning Commiasion will hold a Dubiic haaring in tha Council Chambara at 2780 Kailay f^dcway on Tuatday. Fabruary 16. 1969 at 6:45 p.m. on tha manor of a oropotad ravlaion to Orono Zoning Coda Sacoon 10*40. tha D-1 Ratail Salat Buainau Oistria and Sactlon 10.25. tha Ona>Famiy LaKashora Rasidantiat Oiatrict in raga/da to ragutationa tor conatrucdon and plaoamani of, talacommunicaUon towara and antannaa. Tha intam of thia propoaad zoning amandmant (s to clarify and corract tha proviaiona of Ordinanca No. 161.2nd Sariat adoptadonMay27.1997. Tha maaiing bagina at 6:30 pjn. Tha public haaring wii com man oa at 6:45 p.m. or toon tharaaftar aa postibla. Ail parsons *i^’4hing |p ba hoard ^ii^ppaaliy^this tima. Wrinan commants ara'^aoGdtad. Atopy of tha proposad amandmant is avaiiabla for raviaw at tha City Offioaa. City of Orono By: Ranning CommUsion McKaal P. Gaffron. Sank>r Rarviing Coordinator (Publishad in Tha Lakar and Pionaar Jan. 30 and Fab. 6.1999) state of Minnesota. County of Hennepin. Bili Holm, being duiy sworn on oath, says that he is an authorized agent and employee of the publisher of the newspaper known as THE LAKEFJ, Mound, Minnesota, and has full knowledge of the facts which are stated below: A.) The newspaper has complied with all the requirements constituting qualifications as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07. and other applicable laws, as amended. • • B.) The printed Proposed Revision To Zoning Code Sect 10.40, Telecommunication which is attached was cut from the columns of said newspaper, and was printed and published once each week for 2 successive weeks: It was first published Saturday the___3Q-dayof .Tamiary 19SL9_, and was thereafter printed and published every Saturday, to and including Saturday. Subscribed and sworn to me on this 6 _day of February .1999 TIStaryTljblic KRISTI HOLM MTAM* ruw.c • WINNESOTA MY COMMISSION EXPIRES JANUARY 31. 2000 r^Bate InfonwaUoH----- (1) Lowest classified rate paid by commercial users for comparable space: $12.90 per inch. (2) Maximum rate ailowed by law frr above matte': $12.90. (3) Rate actually charged for above matter: $7.19 per inch. Each additional successi*/e week: $5.14. The ponding area on hole #6 is in a City protected wetland and must have a variance approved to allow grading. Review of Proposed Land Alteration Hole M6 a. b. c. d. e. To expand the pond a total of 17,000 cubic yards of fill will be removed. The fill removed for the pond expansion for #6 will be placed between the fairways on holes #2 and #7. The fill will remain on the site. No fill will be transported off the Wayzata Country Club property. Hole #6 is a City protected, NWI mapped pond that has been expanded once before by conditional use permit in the 1980s. The proposed plan shows it being significantly expanded, and should be a benefit to the City as it would enhance water quality as its volume would increase. The fmal grading plan shall show drain tile and piping as the water shall be treated on site. (Engineer Comments) Hole #12 a b. c. d. e. To expand the pond a total of 5,500 cubic yards of fill will be removed. The fill removed for the pond expansion for #12 will be placed between holes #10 and #11. The fill will remain on the site. No fill will be transported off the Wayzata Country Club property. Reconstruction would expand the size of the pond. This pond is not within a City protected wetland. No variance is required. This expansion would require MCWD, DNR, and Corps of Engineer approval prior to the issuance of a land alteration permit. The final grading plan shall show drain tile and piping as the water shall be treated on site. (Engineer Comments) DNR Comments The DNR has stated they do not have any opposition to the proposed project, but have requested any additional drainage be diverted away from the Luce Line Trail that dissects the Country Club. It is clear from the plans the total volume of the ponds will increase and drainage will not be impacted. T Staff Recommendation Staff did recommend conceptual approval to the pond expansions last year. The approvals are H2398 Wayzaia Counio' Club 208 H^ayzata Bhd Conditional Uu Permit and Varianc.* 2/16/99 Page 2 i i subject to the following conditions: Prior to issuing the land alteration permit staff is reque*:ting the following to be filed with the City of Orono: 1. 2. 3. 4. Grading Plan showing a 10:1 aquatic bench at the normal water level. (Engineer Comments) MCWD Approval DNR Approval Corps of Engineers permit Staff is also recommending approval to permit a variance for grading within a City protected wetland on hole #6. Attachments A B C D E F G H I J K L M N O Application Plat Map Engineer Comments -- Tom Kellogg DNR Comments — Suzann Willhite Drainage Plan Hole #6 Stockpile Plan Hole #6 Proposed Plan Drainage Plan Hole #12 Stockpile Plan Hole #12 Proposed Plan Survey Resolution #4146 Resolution #2592 Resolution #2118 Resolution #1977 02S98 Wayzata Country Club 200 iVayzata Blvd Conditional Usi Pirmlt and Varlanct 2/16/99 FagiZ CITY OF ORONO CITY OF ORONO ® 6124730510 07/09/98 10:58 0:06/13 NO:795 Application ¥_________ Date Received~(S Amount Pidd - GENERAL LAND USE APPLICATION PROPERTY LOCmON Site Address Type of Applies^ Property Idcntifii jation Numiber (P.I.D.) See attached APPLICANT Name Wayzat^ OWNER (if different than applicant) Name______ Address 200 West Wayzata Blvd./Wayzata, MN lion to be Filed Country Club Phone (homel 473- 8846 Phone (work)_______. Address 200 W »st Wayzata Blvd. City Wayzata Zip 55391 Phone (home). Phone (work)_ City Zip. cquired 1956 Approximately (month/year)Date Property ______________________ I (do) (do not) fdso own the adjacent parcels of land. FEES - CONDinjONAL USE PERMITS - _____ $ 75.00 For each variance request with CUP application _____$17S.0( Residential Accessory Use _____$250.0( Institutional (church, school, etc.) _____$225.od Guest Housc/Guest Apartments _____$200.00 Duplex Credit/Bldg _____$300.00 Commercial/Industrial Use X $250.oi Land Alteration _____ jrading and filling - designated wetland or floodplsun Y 3rading and filling - 501 cu. yd. or more and digging ponds ____ Grading, seawall, retaining walls within 75' of lakeshore _____PRD/P D - see Fee Schedule _____$150.W Renewal Fee (no change from original application) After-tnc-Fact Fee - Double Current Application Fee OTHER APPLIOATIONS _____$250.0b Commercial Site Plan Review (+ consultant fees) _____$300.0) Vacation _____$200.ob Easement Vacation _____$100.0} Easement Vacation With Subdivision _____$350.0} Rezoning (PUD - refer to fee schedule) ______S350.ob Comprehensive Plan Amendment _____SIOO.CO Appeals Other • see Fee Schedule CITY OF ORONO ® 6124730510 07/09/98 10:58 0 :07/13 WO:795* REQUIRED SUBAUTTALS 1. X Completed Application Form. 2. 3. X__Describ< request in detail. X__Certifie< Property Owners List of owners within 350', labels and plat map (you must obtain this list, labels and map from Hennepin County Department of Finance 4. 5. 6. 7. 8. 9. Certificate of Survey (signed by a licensed surveyor) - refer to handout for survey informa ___Attach X__Topogr changes X List of Constru A-603, Oovemmeot Center, 348-3271). ion. egal description to application if not included on required survey, phic survey (existing and proposed contours) if land alterations involve in elevation (grades). he legal names (include marital status) of all persons with an interest in the prodeity. This would include name(s) of applicant(s) if not current owner(s). stion plan, if applicable (see stafl* for requirements). As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. YOU ARE REQUIRED TO SUPPLY 30 COPIES OF LARGE DOCUMENTS OR COPY FOR REPRODU SUBMITTED. ( submitted.) The Applicant and application is not mON (11” X 17” OR SMALLER) FOR ALL DOCUMENTS taff will require to scale drawings of all documents, pla.is, etc. to be Property Owner must sign this application. Please remember *hat your cbmpletc if the above infomiation has not been included. Certification by Ch rical Department that Land Use Application is complete. Initials of Clerical S aff:Date APPLICANT'S SIGNATURE The applicant here >y agrees to provide all information required or requested by the Zoning Administrator, agre< !S to pay additional fees (staff time not covered by original fee payment) and/or unusual expenses incurred in review of diis application, and certifies that the information supplie d is true and correc^ the best of hi^^ knowledge. Wayzata^Cbunt££^^ Applicant’s signature By; Date 7/20/98 r6pi^^^^^rhauser, Secretary OWNER’S SIGNATURE The owner hereby acknowledges and agrees to this application and further authorized reasonable entry c nto the property by City staff, consultants, agents, commission members, ;rs for purposes of investigatiqp^dnd verification of this request. Wayzata T/20/98 and Council memb Owner’s signature I By; _____Date__ «^^tferhauser, Secretary Applietat must have ill submiiuls into ])(e 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 ■U scheduled review nr eetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, pie ise make arrangements to have an authorized agent attend In your place and advbe the Bui.', ing & Zoning Office of this change prior to the meeting. 3^-,18-13-2^ 36-(«-23''3 36^UB^^2r=P( .1 #* As- vS-vT’xy.-x ! f : riI •. «-■V 1 't*XvX"Xv*X%v A WiiiiifcsP fT»nA *&' i o*/* »at f » jT^ nj j j > / nr. nno09 :/ - V- - ! ' /■•" “ !i. -1 Jl^p^-^T^tjTT-1 ! £>i-in -73-24 -------i— "■.........1 T'y—- >c»« V» •_!, ■■■■'................... ^ i Bonestroo Rosene Anderlik& |\J I Associates Engineers & Architects February 4, 1999 Mr. Paul Weinberger Assistant Zoning Administrator City of Orono Post Office Box 66 Crystal Bay, MN 55323 Benturoa. Boseot. Andtrkk jnd AuociMet, me. is sn Acttof\/iQust Opportunity i/nploytf Pnncpsis: Otto G. 8o/>cscroo. P6. • Joseph C AnOtrtik. PC • 8Urvin L Sorvala. PC. • •ichjrd C. Turner. PC. • denn R. Cook. PC. • RoOerc G Sdn^cm. PC. • Jerry A. Bourdon. PC. • Rooer: W. Rosene. PC. end Susan M. Cbertin. CP.A.. Senior Coniuitanii Associstt Princip^s: Howard A. Sanford. Pi • Keith A. Gordon. PL • Robert R. Ptefftrie, Pi • R'C-ard W Foster. PL • David O loifeoCA PC. • Robert C Rutsek. A lA. • Mark A. Hanson. PC • Michaei T. Rautmarvi. PC. • Ted iCfiefd. PL • Kenrsetn P Anderson. PC. • Mark R. Rolfs. PC. • Stdr'ey P. UTiniamson. P£. LS • Robert F Kocimith • Agnes M Rmg • Michael P. Rau. PX • A.ian Rick Schmidt. PC OffiCtr Sl Paul. Rochester. Wiiimar and St Cloud. MN • Milwaukee. wi K'fOsire www.bonesrroo com r Re: Wayzata Country Club Pond Expansion File No. 139-2398 Dear Paul: We have reviewed the grading plan for the proposed expansion of two existing ponds on the Wayzata Country Club property. The site is located north of T.H. 12 and south of the Luce Line trail in the south half of Section 36. The ponds are located along the #6 and #12 fairways. We have the following comments in regards to engineering matters. • We recommend that the ponds be graded to include a 10:1 aquatic bench at the normal water level. The bench should be at least 10 feet in width to provide a vegetated safety buffer. • Does either pond have an outlet? Outlet pipes or draintile should be shown on the plan.s. It appears that any flooding of the ponds will be confined to the Country Club property. • The plans show a balance of cut and fill on site, we would expect that no excess material be hauled off site. • All temporary erosion control must be in place prior to the start of construction. Please contact me at 651-604-4863 if you have any questions regarding this matter. Yours very truly, BONESTROO, ROSENE. ANDERLK & ASSOCIATES. INC. Tom Kellogg Cc: Greg Gappa, City of Orono 2335 West Highv/ay 36 • St. Paul, MN 55113 • 651-636-4600 - Fax: 65F636-13II 2-11-1999 2:07PM FROM DNR SW AREA OFFICE 612 832 6178 P. 1 0 Minnesota Department of Natural Resources Region 6A Trails & Watci^'ays, 9925 Valley View Road. Eden Prairie, MN 55344. Office (612) 826-6764; (Fax) 826-6767. February 11,1999 City of Orono Paul Weinberger 2750 Kelley Parlway PO Box 66 Orono, MN 55323 Dear Mr. Weinberger, This letter addresses concerns regarding Conditional Use Permit #2398 submitted by Wayzata Country Club to the City of Orono Planning Conunission. The pcmiit is for pond and water drainage alterations on holes number 6 and 12 of the golf course. The State of Minnesota, Department of Natural Resources, Trails & Watenvays Unit manages the Luce Line State Trail which runs througli the Wayzata Country Club. Hole number 6 is adjacent to the trail to the north. There are two major concerns regaiding this permit. One, that construction and ftiture maintenance of the golf course not trespass onto the trail right-of-way. And two. that water drainage not be altered in any way that may adversely afleci the trail. Please include these concerns in the permit file for consideration. Thank you, CO Suzann Willhite Metro Trails & Waterways Specialist cc: Manha Reger DNR IiiroriTtaiiun. 6l2•29t■•0l^7. I•StH<-7(S6.60(K') • f | An Opp<>ituri(> li^iiptvyvr Who \a!yc% Di*•»! |i»». NV.i..»IC 16 • •• • «• 'A • •• ............"••■ ev en a^ 5 § m 3 •l r'. / / r -'^ \ N.‘ //• !ULJ^(ffb^ 'j H 5 O^ en i ^ I ? Hri;''1 n > I.'/iJh'y • / i f • Jl H evs I .!• am . ■■•••*. i> iilJ M- ' ;//i0^ rr*i; /.'I •v. •* . • •• • .#*••• • 'V>v:!•*!• ••• ✓ ^.3',\:=JO■r*- c *% ! * A •. **^ 1 '• \***4i*• • ’%i**'***i lismm • y / . II n .\ • • \ ^••f* ••' • •« • ' \ 1^ \ V » \ {r • • I fi n :? s ? 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( I '^m l^t M ifk '■>- r^. ilsk?Wi^ I ■k^m. mm #■ :-K .V.- Mi^ I'. iteUV Mr. 1i? ^vr'v mm. \ y-'. •v.i L*<.n mii m 'VVf <W\'tei I* •'* ■ '?^‘^^. ^1 twivp m ;■ V ^ S wM--^ M ;■ ':«f/ Lti’f-''- * t>« -f:.-. *«s.v ~::9Jl I'^wa v JS m \ \ mri »v-.i^,>.'u •■.• •> sa f'.'V unkcr inlormanon L CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 1 4 b A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.03 SUBDIVISIONS 19-21 FILE NO. 2398 WHEREAS, Wayzata Country Club (hereinafter the "applicant") is ou,*ner of the property located at 200 West Wayzata Boulevard within the City of Orono (hereinafter "City") and legally described as follows: EXHIBIT ’A’ ATTACHED (hereinafter tiie "property"); and WHEREAS, the applicant has made application for a conditional use permit for land alterations regulated under Zoning Code Section 10.03, Subdivisions 19-21for the purpose of constructing or reconstructing tees and bunkers, and to permit the expansion of 3 pond areas on the property. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Miimesota: FINDINGS 1. 2. This application was reviewed as Zoning File #2398. The property is located in the RR-IB Single Family Rural Residential Zoning District. 3.The Orono Planning Commission reviewed this application on August 17,1998 and recommended approval of the conditional use permit for the tee and bunker construction/reconstruction elements of the proposal based on the follo^^'ing findings: a.The tee and bunker plan involves reconstruction of existing tees and bunkers and/or the creation of new tees and bunkers on each of holes #1-18. Page 1 of 6 t i 4. 5. CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO 4i4t? b. No parts of the tee and bunker plan involve excavation within designated City wetlands or in wetlands designated by the National Wetland Inventory. c. Each of the many individual grading projects (which as a group comprise the tee and bunker plan) appear from the submitted grading plans to have no impact on neighboring properties, and none will result in changes in the characteristics of the watershed. A majority of individual projects will involve fill in amounts less than 500 cubic yards. d. The proposed expansion of ponds on holes #5,6 &12 will require additional detailed review as well as potentially require permits from other agencies with jurisdiction over wetlands. The ponds on #6 and #12 are NWI wetlands and that on #6 is also a City-protected wetland. e. The proposed tee and bunker construction/reconstruction program is intended by the applicant to take place over a period of years, and it would be appropriate that the City approve the entire master plan for such construction/ reconstruction and allow City staff to issue a separate land alteration permit each year to the applicant for project elements proposed for that year, widiout requiring additional Planning Commission or Coimcil review. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by staff and comments of the applicant and the effect of the proposed use on the health, safety and welfare of the community. The City Council finds that granting a conditional use permit for the construction and/or reconstruction of tees and bunkers as proposed will not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring property, nor will it depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. Page 2 of 6 o. o•V CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 14ft CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a conditional use permit per Section 10.03, Subdivisions 19-21 to permit the construction and/or reconstruction of tees and bunkers per the Master Plan by John Fought Design dated December 5, 1997. Approval is subject to the following conditions: 1. 2. 3. 4. 5. 6. The tee and bunker reconstructions are approved per the submitted plans, subject to issuance of a land alteration permit to be obtained annually by Wayzata Country Club prior to commencing that specific year's projects. Any plan revisions would, at staff discretion, be subject to further Planning Conunission/Council review. The submittal for each year’s plans shall include a more detailed survey for those portions of the course where grading will be near lot lines, to ensure that lot lines are staked and that grading will not encroach within 5' of those lot lines. The applicant is advised to have this concept plan reviewed by, as a minimum, the Minnehaha Creek Watershed District, the DNR and the City of Wayzata to establish whether any additional approvals are required for the tee or bunker program by those agencies. All grading work shall be subject to conformance with the "Best Management Practices for Protecting Water Quality in Urban Areas", and proper erosion controls and immediate revegetalion of all disturbed areas shall be required. The ponds to be expanded on holes #5,6, and 12 are specifically no! included in tWs approval. Land alteration work involved with these pond expansions will require additional engineering detail and review by other jurisdictional agencies prior to approval. Note that specifically in the case of the pond on hole #6, the expansion of the pond requires a variance since it is a City-protected wetland. Authorities granted by this resolution run with the property not with the owner, but are permissive only and must be exercised by application for an initial annual land alteration permit within one year of the date of Council's approval, or the special conditions of this resolution will expire on that date (August 24,1999). Page 3 of 6 7. 8. CITYofORONO RESOLUTION OF THE CITY COUNCIL NO. ^ ^ ~ ^ ~ - Violation of or non-compliance with any of the tenns and conditions of this resolution shall constitute a violation of the Zoning Code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. The undersigned authorized representative of Wayzata Country Club has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Page 4 of 6 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2592________ 2^/ A RESOLUTION GRANTING A CONDITIONAL USB PERMIT PER MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 19 FILE #1379 WHEREAS, Wayzata Country Club (hereinafter "the applicant") is the owner of property located at 200 Wayzata Boulevard located within the City of Orono (hereinafter "City") and legally described as follows: Exhibit A (hereinafter the "property"); and WHEREAS, the applicant has applied to the City of Orono a Conditional Use Permit to permit the excavation of a pond requiring e removal of approximately 2,500 cubic yards of fill, requiring a Coiwitional Use Permit per Municipal Zoning Code Section 10.03, Subdivisions 19. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1379. 2. The property is located in the RR-IB, Single Family Rural Residential Zoning District. The Country Club operates this goir course under an existing Conditional Use Permit. 3. On February 21, 1989 the Orono Planning Commission reviewed the application and recommended approval as proposed, finding that t e proposed pond is not located in a wetland area, and will Increase water storage on the Golf Course property, thereby providing a genera benefit to the watershed. 4. The City Council finds that granting a conditional use permit to allow the excavation of the proposed pond will not be detrimen a the health, safety or general welfare of the public, adversely affect light, air nor pose a fire hazard or other neighboring properties, nor will it depreciate surrounding prop > values and that the proposed level of use of the property wil keeping with the intent and objectives of the Zoning Cod Comprehensive Plan of the City. Page 1 of 4 i:ciTV-<--4 SRONpJ City of OROINO RESOLUTION OF THE CITY COUNCIL NO. 2592_________ CONCLUSIONS* ORDER AND CONDITIONS Based upon one or more of the above findings* the Orono City Council hereby grants a Conditional Use Permit per Municipal Zoning Code Section 10.03, Subdivision 19 to permit the construction of a pond along the east side of Fairway #12 of the Kayzata Country Club Golf Course, subject to the following conditions: 1. Spoils shall be placed at the applicants regular fill site in the City of Wayzata. Applicant is advised to obtain whatever permits may be necessary from the City of Wayzata for the regular fill site. If that site is not used and some site in Orono is proposed, the proposed fill site will need further review by the City. 2. The property owner and his grading contractors shall take whatever steps are necessary to ensure that grading and excavation of this site does not adversely affect any other drainageways in the area due to erosion or sedimentation. The disturbed areas shall be revegetated as soon as possible. 3. The property owner shall provide a legal description and grant a conservation and flowage easement over the 1/4 acre pond to be created and the adjacent 1/2 acre pond. 4. The applicant is advised to contact the Minnehaha Creek Watershed District to obtain any permit they may require for construction of this pond. 5. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the Zoning Code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 6. The undersigned owner has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Page 2 of 4 Wcijy^yx': OBtSNOJ City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2592_________ 1989. ATTEST t Adopted by the Orono City Council on this 13th day of March, .. •Jambs R. GrabeX, Mayor /p. PrUf^. ^^gertyOwner(sl ^ X STATE OF MINNESOTA ) ) 88. COUNTY OP HENNEPIN ) blr^Y mT Hflli/, M^r s City Clerk ot"the City municipal corporation and said instrument was executed on behalf City. Page 3 of 4 city of ORONO ?aciTY .; i RESOLUTION OF THE CITY COUNCIL NO. 2592_________ STATE OF MINNESOTA ) ) 8S. COUNTY OF HENNEPIN ) On this day of 198^ iry Public within and 1 3^the Dersonis) descril4V.4W..*. -w — persomsT ----------------- foregoing instrument^ and acknowledged that he (they) executed the same as his (their) free act and deed. f enr ▼<r ¥ w e • • I ^ ^URSMoaiw: * nun fjilic aiMfcM i Cour.:y of Mo.viepia ^ 5 A NOTARY PUBLIC V hif C^P'»c« June 9. 19S9 ■ i a ft -I a a MY COMMISSION EXPIRES STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this day of 198_, before me a Notary Public within and for said County, personally appeared known to me to be the oerson(s) described in and who executed the foregoing instrument. and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC MY COMMISSION EXPIRES Page 4 of 4 r • EXHIBIT A Resolution No. 2592 Legal Description: The Southeast one-quarter of the Southwest one-quarter. Section 36, Township 118, Range 23, lying Southerly of WatertoWn Road (Old Long Lake Road) and Southerly of the Luce Line right- of-way, excluding road. Also known as P.I.D. No. 36-118-23 34 0001. All in Hennepin County, Minnesota. ’®aoNo;l City of OROIVO RESOLUTION OF THE CITY COUNCIL NO. 2118 Ai A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.55, SUBDIVISION 8 AND AMD A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 19 FILE #1012 % WHEREAS, Wayzata Country Club (hereinafter "the applicant") is the owner of the property located at 200 Wayzata Boulevard located withir the City of Orono (hereinafter "City") and legally described as follows: The southwest quarter of the southeast quarter of Section 36, Townshi] 118 North, Range 23 West of the 5th Principal Meridian, excludinc roads; Also )cnown as P.I.D. #36-118-23 43 0001 (hereinafter "property"); and V7HEREAS, the applicant has made application to the City of Oron< to permit the maintenance dredging of a golf course pond that is a City- designated protected wetland, requiring a variance to Zoning Code Sectio: 10.55, Subdivision 8, and to permit the maintenance grading of existin* drainage ditches on the property, both projects requiring a conditional us- permit per Zoning Code Section 10.03, Subdivision 19. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono FINDINGS 1. This application was reviewed as Zoning File #1012. 2. The property is located in the RR-IB Single Family Rura Residential Zoning District. 3. The Orono Planning Commission reviewed this proposal on Januar 20, 1987 and recommended approval of the variance and conditional us permit, finding that the projects are anticipated to have n detrimental environmental effect if the drainageways are protected t silt fence during the course of the project. No increases in rate c volume of run-off are anticipated. 4. The dredge spoils from the pond are anticipated to amount t approximately 500 cubic yards of material, which is proposed to t removed to a site on high ground in Wayzata, south of Old Long La)< Road. The spoils from the ditch excavation are expected to amount t approximately 2,000 cubic yards which is proposed to be filled c rough areas adjacent to the ditches to create berm areas. Page 1 of 4 -- City of OROINO RESOLUTION OF THE CITY COUNCIL NO. 2118_________ i 5. The pond to be maintenance-dredged was originally created many years prior to its designation as a protected wetland. The maintenance dredging is not intended to enlarge the area of the pond nor change its original character, but may provide additional sediment accumulation value within the pond. 6. The City Council finds that the conditions existing on this pro perty are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring properties; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demon strable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 7. The City Council finds that granting a conditional use permit to allow the proposed dredging and grading projects will not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor will it depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.55, Subdivision 8 to peirmit the maintenance dredging of a golf course pond that is a City-designated protected wetland, and a conditional use permit per Section 10.03, Subdivision 19 for maintenance grading and excavation of pond and drainage ditches, subject to the following conditions: 1. Maintenance dredging of the pond shall not alter the existing boundaries of the pond. 2. Dredge spoils from the pond shall be removed from the site. 3. A silt fence shall be placed at the pond outlet during the dredging operation to trap any suspended sediments resulting from the project. 4. Ditch maintenance spoils may be placed on the site near the drainage ditches as proposed for berming/fill purposes and shall be immediately seeded after placement. Page 2 of 4 mmm City of OROIVO 0 RESOLUTION OF THE CITY COUNCIL NO. 2118_________ 5. Applicant is advised to contact the Minnehaha Creek Watershed District and is subject to any permit they may require. 6. Applicant shall grant a Flowage and Conservation Easement over the pond area, legal description to be provided by the applicant. % 7. Future maintenance dredging of this specific pond and ditches will not require further condit.ional use permit review if performed in accordance with the terms and conditions stated herein. However, a grading/excavation permit must be obtained from the City for this current project prior to its commencement, and prior to any future maintenance excavation of the same pond and ditches. 8. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by application for a grading permit within one year of the date of Council approval, or the special coditions of this resolution will expire on that date (February 9, 1988). 9. Violation of or non-compliance with any of the terms and condi tions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 10. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 9th day of February, I(^operty Owner(s) ' Page 3 of 4 City of OROIVO RESOLUTION OF THE CITY COUNCIL NO. 2118_________ STATE OP MINNESOTA ) ) s s • COUNTY OF HENNEPIN ) day of Id t’uOuf" o6v 19 b7On this __ before me a appeared _____________ the personas) described” Vrfd"’ who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public within and for said diiunty, personally known to me to be (s) described in and wl r m. ’ ‘ ^i».f<AAS i.ewNT?'* ^~'ihaxA^ , -y^Ah-dJ^ NOTARY PUBLIC MY COMMISSION EXPIRES STATE OF MINNESOTA ) )ss. COUNTY OP HENNEPIN ) day of 198 , before meOn this __ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ a Notary Public within and for said County, personally appeared _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ known to me to be the person (s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC MY CO^LMISSION EXPIRES Page 4 of 4 I Wif City of OROIVO RESOLUTION OF THE CITY COUNCIL NO, 1977 o I. RESOLUTION GRANTING A CONDITIONAL USB PERMIT PER MUNICIPAL ZONING CODE SECTION 10.20, SUBDIVISION 3 (C) 6 SECTION 10.03, SUBDIVISION 19 - PILE #935 •• HHERFAS, Wayzata Country Club (hereinafter "the applicant") is the owner of the property located at 200 West Wayzata Boulevard located within the City of Orono (hereinafter "the City") and legally described as follows: The southwest quarter of the southeast quarter of Section 36. Township 118 North, Range 23 West of the 5th Principal Meridian. excluding roads; Also Icnown as P.I.D. #36-118-23-43-0001 (here inafter "property"); and WHEREAS, the applicant has applied to the City for a Conditional Use Permit to permit certain grading projects regulated under Zoning Codt Section 10.03 Subdivision 19 and to permit construction of a shelte: building per Section 10.20 Subdivision 3. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono FINDINGS 1. 2. 3. 4. 5. This application was reviewed as Zoning File #935. The property is located in • the RR-IB Single Family Rura Residential Zoning District. On July 15, 1985, the Orono Planning Commission reviewed th application as proposed and recommended approval of the variou projects which were deemed by City staff to be of a minor natur not requiring detailed review. The City Council reviewed this application on Januar 27, 1986 and granted conceptual approval for two project proposed to be immediately commenced in Spring 1986, an directed staff to review the various projects anticipated to t commenced later in 1986 and in future years. The following projects were recommended by staff for approval c April 14, 1986; a) Extension of tee #4, filling of approximately 30 cubic yarc to be spread 6" deep on high ground. Page 1 of 4 City of OROrVO RESOLUTION OF THE CITY COUNCIL NO. 1977_ _ _ _ _ Construction of low mounds on left side of fairway #11 averaging 3-5* in height# filling of approximately 75 cubi yards. Fill in the existing bunker on hole #13# approximately 2 cubic yards of fill. Pond on fairway #5# 25'x75*x5' deep# 350 cubic yard excavation. Rebuild bunkers at rear of hole #8# approximately 1000 cubi yards of fill# all on high ground. Extension of the tee #17# filling of approximately 370 cubi yards# all on high ground. Construction of a shelter building# 12'7"xl5*7”# one stor in height# located southeast of tee #12# locate approximately 90* from the nearest property line# an requiring no variances to the zoning code. 6. The proposed projects are located in the upper reachc of the watershed; runoff from this area travels though a seri€ of swales# ditches, and wetlands before reaching Lake MinnetonV an approximate distance of 1 mile away; the proposed project are insignificant within the overall watershed and will have r significant effect on the quality or quantity of runoff wat€ entering Lake Minnetonka. 7. The City Council has considered the application including t\ findings and recommendations of the Planning Commission# report by staff and comments of the applicant and the effect of tr proposed use on the health# safety and welfare of the community 8. The City Council finds that granting a Conditional Use Permit t allow the proposed excavation and construction projects will nc be detrimental to the health, safety or general welfare of tr public, would not adversely affect light, air nor pose « hazard or other danger to neighboring properties, nor will . depreciate surrounding property values and that the level of use of the property will be in keeping with the and objectives of the Zoning Code and Comprehensive Plan of ^ City. COHCLUSIOMS# ORDER AND CONDITIONS • Based upon the above findings# the Orono City Council grants a Conditional Use Permit per Municipal Zoning Code Section lO*-^ 2 of 4 City of OROIVO RESOLUTION OF THE CITY COUNCIL NO. 1977 Subdivision 3 (C) to permit the construction of a shelter building and per Section 10.03, Subdivision 19 to permit certain excavation, fill and grading projects, subject to the following conditions: 1. The following excavation, grading, and filling projects are hereby approved subject to the applicant obtaining a grading permit once each year for projects to be completed in that year; a) Extension of tee #4, approximately 30 cubic yards of fill. b) Construction of low mounds on left side of fairway #11, filling of approximately 75 cubic yards. c) Fill in the existing bunker on hole #13, approximately 2C cubic yards of fill. d) Pond on fairway #5, 350 cubic yards excavation. e) Rebuild bunkers at rear of hole #8, approximately 1000 cubic yards of fill. f) Extension of the tee #17, filling of approximately 370 cubic yards. 2. Proper plans must be submitted to the building department foi review and a building permit for the shelter building must be obtained prior to commencement of construction. 3. All filled, graded or excavated areas shall be protected fror causing sediment erosion into adjacent waterways by method.' deemed appropriate by the City Inspector until such time that th» areas in question are revegetated. 4. The applicant shall notify the City 24 hours in advance o. commencement of any of the projects so that the City Inspecto: can be present on the site as neceessary. 5. Violation of or non-compliance with any of the terms an< conditions of this resolution shall constitute a violation of th Zoning Code, shall automatically terminate any authority grante herein, and shall be punishable as a misdemeanor. 6. The undersigned owner has read, understood and hereby agrees t the terms of this resolution and on behalf of himself, his heirs successors and assigns, hereby agrees to the recording of thi resolution in the chain of title of the property. mM City of OROINO RESOLUTION OF THE CITY COUNCIL NO. /977_ _ _ _ _ Adopted by the Orono City Council on this 14th day of April, rVNxK bbf6'hy M./1ffallin,'City Clerk Mary C Afttf ^V4|o ft i(l) Property Owner Mayor Page 4 of 4 M-i^ NO} City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1977 _______ STATE OF MINNESOTA ) ) ss. COUNTY OP HENNEPIN ) On this •K-day of Ap£.!L^1986 before me a Notary Public within and for said county, personally appeared known to me to be the per^nis) des^ibed in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. liOTARY PUBLIC Jw«- MY COMMISSION' EXPIRES STATE OF MINNESOTA ) )ss. COUNTY OP HENNEPIN ) On this day of ,. 1986, before meV/*l L.IIJLO __________ - - - - - -- - - - - - - . a Notary Public within and for said County, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC MY COMMISSION EXPIRES u TO:Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator FROM: Patd Weinberger, Assistanl^tZoning Administrator DATE:February 8,1999 SUBJECT: #2440 Robert Lux 1209 French Creek Drive Variance-Public Hearing Zoning District: RR-1B/PRD One Family Rural Residential District (2 Acre) Lot Area:59,314 square feet (1.36 acre) Application: The applicant has applied to the City for variances to permit the construction of a swimming pool and terrace area with a patio to the rear of the existing residence. The proposed pool would be located 28' from the rear property line. Typically patios are not defmed as encroachments into yard setbacks, however, when the patio is connected to a pool terrace the Code states all that portions of the patio are considered structure. The lot is located in the French Creek Subdivision which was developed as a Planned Residential Development (PRD) south of French Lake. The setbacks and lot sizes for the PRD have been established in Resolution Number 1692. The side yard setback for all lots is 25', and the front and rear yard setback is 35'. The subdivision occurred creating lots under two acres, however the density for the RR-IB (2 acre) zoning district was maintained as a result of establishing a large common area around the development (Outlot B, French Creek). The common area is owned by all property owners in French Creek and is controlled by the homeowner's association. A landscape pond has been developed at the north end of the property. The landscap>e plan proposes altering the pond. It would now encroach over the applicant's property line onto Outlot B. This would require a conditional use permit, which haj not ^en applied for. The conditional use permit would be to allow grading within 5' of a propert) line and land alteration to exceed 10 cubic yards within 75' of the Ordinary High Water Level (OKWL) of 930.0' for French Lake. If the landscape pond is applied for and approved the conditional use permit would be filed on the chain of title for all properties with ownership in Outlot B. The homeowner's association has'eonsidered and approved the proposed landscape plan. A copy of the letter addressed to the City is enclosed as Attachment J. H^2440 Robert and Sancy Lux 1209 French Creek Drive Variances 2/16/99 Page \ Thb application requires the following variances: 1. 2. A variance to the PRD approval resolution number 1692 to allow a rear yard encroachment. The applicant has proposed q 28'jnear yard setback to allow a pool and patio where 35' is required. Section 10.56, Subdivision 16 (C) (1) Structural setbacks for Natural Environmental Lakes: To permit a swimming pool and patio to be setback 91' from a Natural Environment lake where 150' is required for structure. The lot was developed in 1985 prior to the adoption of the Shoreland Ordinance (1992). The Shoreland Ordinance created a 150' structure setback from Natural Environment lakes, whereas, 75' was required before 1992. The ordinance was adopted with the understanding it would create non-conforming lots in the French Creek Subdivision. The subject property owner's house now encroaches into the required 150' setback. Prior to the adoption of the Ordinance the lot was conforming. Other Natural Environment lakes in the City of Orono are listed below. A. B. C. Lake Classen Dickey Lake Lydiard Lake (Section 10.56, Subdivision 7) U2440 Robert and Sancy Lux 1209 Frtnch Creek Drhfe Variances 2/16/99 Page! ANALYSIS Lot Area and Yards LR-IC (1/2 acre) Lot Area Lot Width Lakeside Yard Side Yard Front/Rear Yard Required PRD 200’150’25’35’ Proposed 59,314 s.f.275’91’80’28’ Rear Setback The applicant \ias proposed a 28' rear yard setback to allow a pool and patio where 35’ is required. The new structure would be located entirely behind the residence out of view from neighboring property owners. The property also contains solid tree lines along die property boundaries that would create a visual barrier to the applicant’s property. The back yard setback is established to maintain separation between homes. No residence is located behind the applicant’s home. The common area and French Lake are located is this area. The nearest residence to the north is located on French Lake Road, north of French Lake. Hardcover Distance from Shoreline Total Area in Setback Existing Hardcover Allowed Hardcover Proposed Hardcover Variance Requested 0-75’5,456 s.f.0 s.f. (0%) none (0%) Os.f. (0%) none 75-250’49,708 s.f.10,664 s.f. (21.5%) 12,427 s.f. (25%) 12,314 s.f. (24.8%) none 250-500’4,150 s.f.415 s.f. (10.0%) 1,245 s.f. (30%) 279 s.f (22.4%) none 500-1000’0 11 0 (35%) 0 none The applicant’s have developed a plan that would meet all hardcover requirements. M2440 Robtrt and Sancy Lux 1209 Fnnch Creek Drive yariances 2/16/99 Fagey Structural Coverage Total Lot Size Total Structural Coverage Percentage 59,314 s.f. . - t * 1 ' Existing: 6,752 s.f. Proposed: 8,310 s.f 11.4% 14.0% No lot coverage variances would be required. STATEMENT OF HARDSHIP The applicants have included their statement of hardship as Exhibit A. The applicants should also be asked for their testimony regarding this issue. ISSUfiS 1. 2. 3. 4. 5. French Creek was developed as a Planned Residential Development meeting the density requirement for the RR-IB (2 acre) zoning district. A large common area was dedicated as open space in the development, and each lot was between 1 and 1.5 acres. The front, rear, and side yard setbacks were changed to reflect the smaller lot sizes in the Subdivision. The proposal would require an encroachment of 7' into the rear yard setback. The new structure would be located entirely behind the residence out of view from neighboring property owners. The property also contains solid tree lines along the property boundaries that would create a visual barrier to the applicant's property. The back yard setback is established to maintain separation between homes. No residence is located behind the applicant's home. The common area and French Lake are located is this area. The nearest residence to the north is located on French Lake Road, north of F;^nch Lake. The property was developed prior to the adoption of the Shoreland Ordinance. A large portion of the lot, including the existing home encroach into the 150' structure setback from Natural Environment Lakes. The back yard is the most appropriate location for a swimming pool as the noise and activity would be to the rear of the house and not exposed to the street. If the applicant intends to alter the landscape pond a conditional use permit must be applied for and approved by the City Couiicil. §2440 Robtrt and Nancy Lux 1209 Fnnch Cruk Dttvi Variances 2/16/99 FagfA STAFF RECOMMENDATION Staff is recommending approval of the variances from the Natural Environment structure setback of 150' and from tha.fear yard setbaq||: requi^ment of 35* established by Resolution Number 1692 lo allow a swimming pool and patio area to be located 91* from French Lake and 28' from the rear property line per die site plan dated January 21,1999 based on the following hardships: 1. 2. The property was developed prior to the adoption of the Shoreland Ordinance resulting in a non-conforming structure. The swimming pool and patio could be located elsewhere on the property, however locating the structure in the rear yard would be in keeping with the essential character of the locality, and would concentrate the activity and noise of a swimming pool area behind the residence screened from neighboring property owners. Attachments A B C D E F G H I J K Application Site Plan/Survey Plat Map Location Map Site Topography Plat of French Creek Hardcover Worksheets Property Owners List Resolution Number 1692 Homeowner’s Association Letter Permit Record *2'N0 RobirtandNmcyLux 1209 Frtnch Cwk Drtvt VarUmcts 2/16/99 Pages ‘9,4-4 /T\ t i n '^%J AppUcation 0 14HO •* -• ! ■■ - ,. r -• »m •••• # •• «• • • • mm ^ • I rr • • • •• •••♦• • • • ^ CITY OF OROI® - VARIANCE Jf^rtLlCATION • -.Initial Application Fee $250.00 ($50.00 per each additional variance) Renewal Variance Fee $150.00............... • . • 0 «.*• (no change &om original application) Variance for non-conforming structures' $250.00 After-the>Fact Fees (Double application fee) • PROPERTY INFORMATION .1 L T\^ ^ SiteAddress' 1*2.0 A F/gvVCK ^ Property Identification Number (PJ.D.) ^<3 23. Date Received l0-« 3.1- . Amount Paid.? ysc)**/•, . ..... . \i • • •:» Attach legal description to application if not included on reqiured survey. Date Property Acquired_____________________________________:—(jnonXbfyc^) I (^ (do not) also own the adjacent parcels of land. Present use of property: X residential ___other (specify)------------------------------- ZoningDistrict: RR-IS ^2. QCv^ ------------------------------------- APPLICANT f . Phone (home ) H2-i ^ Name glMinzdsOvN ' ■ Address: fl-AI. Citv:fri/rt»nl>U/ev(__ZXpS^ZTl OWNER (if different than applicant) Name Phone (horn ed -- DI2^ I m M ^ M M ^ DESCRIPTION OF REQUEST Estimated Constmetion Cost $ De*^ ’* i cqut ' b d^t^: tXw^4y»^ll pool i bet^fc (attach additional sheets .if necessary) VARIANCES REQUIRED • • • • • Lot Area _ X Setback:Front Lot Width Side Hardcover Rear Lot Coverage Average Lakeshore Other (specify) HARDSBDDP/DESCRIPTiON OF UNUSUAL PROPERTY COIWITIONS (attach additional sheets if necessary) i ■ EIXEH ST iser ORONO VfAIICII HI6H liM MAT S nil ^ »ATtiiToini ° THOWOjjSS^S •• 5CHRSTINE OR = # OCVMIA tOMCRSn g 5»m ............................................../ Un« •AH IIIATSIDI m VMfTl 400 IA8M600HWAT ORON 9 \ 40 800 ratMCH LAAt fO ?^ch ---yLake :•- •f ••*.• .w*.V •V-* t bRONQ V • .»•: t-' ■__' __ * I---------------- - -• • I • ... >=t - -»* •— .. \ .1 OOOv .• xV* Malar 930.7 IV >0 M • • • !OOTlot ll- t't’4 1 '* §-^/ t >■^ t. 9^TE '----------- •• /» $ • •• mOM tSCHOEUU & MPDSON • • 612 B<s sees iS9S*ei-ii • • ^ • • • UAieco iVERX^ I CUL/^TZON 'WORKSHEET 75-MO*M0-S00< r.iq^TlKQ HARDCQVirR IN 7.0?^ A. Houi«_________• Usfl • • B. *Oin|t • L X X C, Ddvwiy p. SldtwiUe £. Pado/Dnlc Ludse^e Uodolua ByPlude OrFAcie •• * • • • • • X X X X X X t X 5 X C. Other $ • TOTAL HARDCOVER IN ZONE total RROPERTY AREA IN ZONE ’ A- O *’ B xICO A. House IN ZONE • t40|h wiM B. Guu« C. Driveway p. Sidewrik E. Patlo/Dcck F; iMdiev* Uadcdiln By Flasde ‘Or Fabric • c. Other * X X X s X X X X X X X X6t47 SOO-IOOC' M502 p.ez/e? )|7a*,?P • •• • 5S. • 3.F. S.F. S.E. S.F. s.. S.F. ,S.F. S.F. S.F. SJF. 5.F. SF. SJ. SF. S.F. SF. 5.F. >F. ,SJ. SF. S.F. A S S.F.. • SF. SF/» • S.F. S.F. S.F. TOTAL HARDCOVER IN ZONE total FROPERTT AREA IN ZONE* - ' A O + B »>00 - a!£ £2 s:f. SJ. S.F. % AB FRariSCHOEUL Si MPOSON • ••• •••• •••••••••• • •• . ^ 612 646 9065 .999*01-12 i\t2l HABDCOVER CALCULA.' SETBACK ZONE: (CIRCLZONE) -AjiQcrWOBKS^^ »0-500< gXlSTlNQ A. House « • .4r*‘I ♦ X X .1 B. 'Oitiit • •• • A’ X •• • • C Ddvswiy • • • • I X X D. StdewaUc X X E. Pado/D^lc X X p. I4fidte^ Vflcierlda By Plssl^c OtPt^ X X X o. ochit U)ulL TOTAL KAl(PCOVER IN ZONE TOTAL PROPJsATY AREA IN ZONE A • +‘ B . TOftPOSED HAR1KQYEK1N ZONE * A. House Hoj^y. i fj!t‘ LlagOi wuo X X X B. Gviiie C. DHvewty X X D. Si4c«iUe X X E. Pitlo/D^X X F. Leadseipc VoEedilo ByPlisde •Or^ebde X X X o. other • UjfcU, - AT TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE ’ A ■ ii3ii ___ ®. • • SOO-1000' •V7?6 ll^^eux tf 85 f S.F. ■■i.9A S.F. K .•Is.p. •• * 0 . • • •-S-r*^ • • • • 0 _S.F. B -S.P. • ••nob • S.F. M •_S.P.f • m lS71 S.F. m Ib*b.• mm • _SJ. p.S.F. Z’B-B- • ZS/ tobbtf 5.P. “*¥9 70^5.F. xlOO .■ f £./ ._r# 9 Hl%—b.f. If • S.F. S.F. •___5.F. • • _S.F. *5003 S.F. S.F. $^8 • • 00 •^S.F* 3/35 . 2 •*■ • .• S5.' • tt S.F. “ ^S.F. ^S.F. • > • • .s;f. 1 i3/'L_ • S5. •■^S.F. . xioo -7.5_l_SC A B .11. mOH I8CH0CLL & HPOSON 612 646 9066 1999.01>11 • • SSnACKZONSi (CIRCLE OKIQ 0>7i* hawocover calcw ^tion work m^gHMU>COVPt m TfM A. Htoii • 7HiQ* 500-1000 16149 ttS02 P. 04/06 WU6 • • • • B. *Cvi2« C Ddviwa/ D. SidcwiQc P. LudlC^f Uotelila B/Pbudc Or Fibile n X X 1 'i: • • • • • • •• • • • X X X X X X • X X X ■JflS .S.F. ,«.F. S.F. S.F. S.F. S,F. • S.F. 8.F. 5.F. 8.F. SJ. IJP. SJF. O. Oihtr $ • TOTAL HARDCOVER IN ZONE . TOTAL PROPERTY AREA IN ZONE ,, . A • __V/6 B V/^ XlOO .« HhtSL to a.F, 8.F. A S.F. B_n A. Home JARnCOVn IN ZONE LtOfOi B. Cinic C. Driveway P. SldcwalX • • • E. Pario/Phk F; txadseipi Uotfcdila By Piaitie ‘OcFObrie X X X X X X X X X X X s Z79 • • c. odkf 3.F. SJ>, 3.F. 8.F. 8J. S.F. S.F. sj. 8.F. • 8.F. SJF,' S.F. 8.F. 8.F. $:F. TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE' .. - A Z79 + B 4f^O X100 27?_S.F. _______^S.F. 7 ri_5&Y/SO A B FROM ISO«36l-L & MPDSON 612 646 9065 1999.61-11 V • srniiCIC 20m. ,riSJ5^!S2^ CALCULATION WORKSHEET SSnACKZOrrE: (CIRCLE ON£) Q.?5* 7^M0'250-S00< EXISTPiG FARDCQVrn A. ___ Lwi* 1^ «.iT. •. X t • B. ‘Ctngt • L C. DdvWa/X X t). 5{d«wi!k X X E. Tado/Dedc X X f, L&ndsnpt Uoderlaia By nude Of Fabric X X X G. Other j • ♦* TOTAL KABDCOVER IN ZONE TOTAL PROFERTY AREA IN ZONE A • __ V +* B l>H0y08BDHAM)eGVERlNZ0WE A. House X X X B. Caraic C. Driveway X X D. Sidewalk X X E. Pario/Deck X X F; Landseapa Uodedlia B/Flastie 'Or Fabric X X X C. Other * TOTAL HARDCOVER IN ZONT. TOTAL PROPERTY AREA IN ZONE ’ A -O + B . VUA • • •• • O •xlOO . XlOO - 16149 tts02 p.es/es 500-1000 5JF. 5.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. SJ. SF. SF. SF. S.F. S.F. SF. SF. S.F. S.F. S.F. • • SF. S.F. // 7*., y 9 S.F. A S.F. B S.F. • S.F. S.F. S.F. S.F. SF. P_____5.F. £_____S.F. n ___ A B RUN DATE 10/19/98 BATCH 517 PROP ADDR OMNRR NAME TAXPAYER NAHE/AODR 58 18-117-25 25 0081 01205 FRENCH CREEK DR NICHAEL M CASNNAN SR HICHAEL M CASNNAN SR 1205 FRENCH CREEK DR WAVZATA HN 5S591 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 58 10-117-25 25 0002 01209 FRENCH CREEK DR R C 8 N LUX ROBERT C 8 NANCY LUX 1209 FRENCH CREEK DR . NAYZATA HN 55591 REPORT NO. PZ9S5901 PACE 62 58 10-117-25 25 0005 02280 FRENCH CREEK CIR J S PETERSON 8 J C PETERSON JAMES 8 JULIA PETERSON 2280 FRENCH CREEK CIR WAYZATA HN 55591 PROP ADDR OWNER NAME TAXPAYER NAME/ADOR PROP AObR OWNER NAME TAXPAYER NAME/AODR 58 10-117-25 25 0009 00058 ADDRESS UNASSICNED MICHAEL W CASMHAN SR ET AL MICHAEL W CASHHAN SR 1205 FRENCH CREEK CIR WAYZATA MN 55591 58 10-117-25 52 0018 00058 ADDRESS UNASSICNED MICHAEL N CASHMAN SR ET AL NICHAEL N CASHMAN SR 1205 FRENCH CREEK CIR WAYZATA HN 55591 58 10-117-25 52 0012 01260 FRENCH CREEK DR P S WALSH 8 N F WALSH PAUL S 8 NICOLETTE F WALSH 1260 FRENCH CREEK DR ORONO MN 55591 . 58 10-117-25 52 0015 01250 FRENCH CREEK DR J L OLSTEN SRC OLSTEN J L OLSTEN SRC OLSTEN 1250 FRENCH CREEK DR • WAYZATA HN 55591 TOTAL BATCH 517 00007 to hK J (A X 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 DEPARTMENT OF PROPERTY TAXATION, TO THE BEST OF MY KNOWLEOOE AND BELIEF m Bit*City of ORONO RESOLUTION OF THE CITY COUNCIL .• li' NO. 1692_ _ _ _ _ A RESOLUTION APPROVING THE PLAT OP FRENCH CREEK - PILE NO. 840 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Orono has adopted subdivision regulations for the orderly, economic and safe development of land within the City; and WHEREAS, the City Council has considered the application for a subdivision plat by NED, Inc, A Minnesota Corporation, the subdivider; and WHEREAS, on August 27, 1984, the City Council granted approval of a preliminary plat of the 17 unit Planned Residential Development that designated the building and septic envelopes for each of the pads (hereafter referred to as Development Plan). Each septic envelope maintains a minimum 20 foot setback from each building envelope and the boundary line of each pad. Each building envelope maintains the approved building setbacks as follows: if-35 feet for front and rear yards 25 feet for side yards; and WHEREAS, the Development Plan ha-; been found to meet all standards of the Planned Residential Development Code, On-Site Sepcic Code and all other pertinent sections of the Zoning and platting Codes that deal with the rural development of property within the City, so that each pad can be developed as a single family residential unit without the need of variances; and • WHEREAS, the subdivider has completed all requirements of the platting regulations of the City, including: 1. Dedication of drainage and utility easements. 2. Dedication on the plat of right of way for a public road shown as Hennepin County Highway No. 51. 3. Creation of a new private road shown on the plat as Outlot C, to be known henceforth as French Creek Drive_ _ _ _ _ _. 4» Concurrent with the creation of this private road, the Subdivider has dedicated to the City a Road and Utilities Easement granting to the City permanent access, improvement and utility easements over said Outlot; the Subdivider has created non-exclusive ingress, egress, drainage and utility easements over said Outlot in favor of all abutting and/or benefiting lots including a declaration of certain maintenance covenants wherein each of the abutting and/or benefiting Dot owners covenants and agrees to permanently maintain and pay the cost of maintenance for said private yHIS ITEM HUJEHI ■WMEIIMED y of OROINO RESOLUTION OF THE CITY COUNCIL <* .• ii' NO. 1692 _______ 5.Dedication to the City of a Flowage and Conservation Easement providing for limitations on the use of wetlands and drainageways described therein and shown on the plat as "drainage easements". 6.Dedication to the City of an open space easement over Outlets A and B to fulfill the density requirement for 17 residential units in the RR-IB rural residential zoning district requiring two acres of dry contiguous land per unit. 7.Creation of private covenants restricting riparian use of French Lake and the us'j of shared commons area. 8.Execution of a Suhdivider's Agreement providing for installation of cevtain improvements as a condition of subdivision approral. * 9.Payment to the City of a Park Dedication Fee in the amount of 3,400.00. 10.Payment to the City for the legal review and filing of the plat easements and covenants in the amount of $100.00. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby approves the plat of French Creek, Hennepin County, Minnesota; subject to the following conditions; 1. Access to all residence pads shall be via the plat road. 2. Subdivider must stake all drainfield envelopes prior to any land alteration. 3.The aforesaid plat shall be filed by the City of Or'jno with the Hennepin County Recorder’s Office on or before April 29, 1985, togethar with a certified original copy of this Resolution and executed copies of the easements and covenants noted above. The approval granted by this Resolution shall expire if the plat has not been filed by the date specified above. In that event, it will be necessary to file a new application with the City of Orono for subdivision review. Dated this 29th day of October, 1984 /City Clery Mayor A BRADLEY M. JONES 2255 FRENCH CREEK CIRCLE CRONq^, NIINI^ESDTA 55391-9399 i _ y -------------(6121 476-C919 Office Telephone 612-347-9196 January 25,1999 Liz Van Zomeren, Planning and Zoning Administrator City of Orono PO Box 66 Crystal Bay, MN 55323 Re: French Creek Owners ’ Association Application for Variance for 1209 French Creek Drive Our File No.: 52152-9999 Dear Ms. Van Zomeren: I write on behalf of the French Creek Owners ’ Association in my capacity as President of its Board of Directors. At its regularly scheduled meeting in November 1998, the Board, sitting in its capacity as its Architectural Control Committee, reviewed and approved the landscaping plans proposed by owners Robert and Nancy Lux. If you have queLcions, please call. Veni^ly yours. Bradley M. ^n/s, Prpidenj French CreelTOwneri ’ Association BMJ/lt/'686676/encl. cc: Robert and Nancy Lux French Creek Board: Martha McPhee Jane Blanch Steven Kennedy /do^ C/ee-tf. PERMIT RECORD Permit No. SSg^ " n ‘^oo i Tt^ — r------f—------- s*-a-f'‘r S-I3-PC 7f3'? m - -. f' .• • • * ll-id'^l ■ Type of Permit /lt4AJ > AJLo ■ OJ-iM f.jCtA.^yy\JL^Tyt^ ^ Co-__ CZ(y/yu<jLL(/ T’ TO:Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator FROM: PaohWeinbejger, A^sistaiU'j^oning Administrator DATE: SUBJECT: February 5,1999 #2453 John Ericson 1620 Shady wood Road VarianceS “Public Hearing Zoning District: LR-1C Lot Area:36,403 One Family Lakeshore Residential District (1/2 Acre) square feet (.84 acre)________________________ « % Application: The applicant is requesting variances to permit the construction of a 20’ by 12' accessory building (boathouse) to be located 20* from the lakeshore of Lake Minnetonka. The building will be a two story structure with one being built into the hillside and another located above it. (Please see elevation views -- Attachments H and I). This application requires the following variances: 1. 2. 3. Section 10.22, Subdivision 1 (A) and (B) to permit structure within 75' of the lakeshore and within the Average Lakeshore Setback of adjacent residences. Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) (1) to permit 878 s.f. (7.8%) of hardcover in the 0-75' lakeshore setback where 710 s.f. (6.3%) exists and none is allowed. However, all existing hardcover within 75' of the lake is legal as it has existed for many years, or is permitted as a walkway to the lake. Section 10.56, Subd. 16(C)(6): Average Lakeshore Setback. No principal or accessory structure shall be located closer to the lakeshore than the average distance from the shoreline of existing residence buildings on adjacent lots. The average lakeshore setback line shall be a straight line cormecting the most lakeward protrusions of the residence buildings on the immediately adjacent lakeshore lots. ^2453 John Ericson 1620 Shady wood Road yariancts 2/t0/99 Page I Lot History: On July 27, 1981 the Orono City Coimcil adopted Resolution Number 1300 denying after-the-fact variances to permtitnajor strvctur^o'epair^tP a lakeside boathouse that existed on this property. Mr. Ericson had started repairs to the boathouse without obtaining permits for the work. A stop work order was issued by the City requiring Mr. Ericson to apply for variances to permit the work. At the time the stop work order was granted the top story of the structure had been elevated and the foundation was removed from below. The Code does not allow major repur for non-conforming structures. They are allowed to continue until the useful life of the structure has been exhausted. The City Council denied after-the-fact variances. Resolution Number 1300 is attached to this report for your review. The structure was removed in 1982. \ \ ANALYSIS Lot Area and Yards LR-IC (1/2 acre) Lot Area Lot Width Lakeside Yard Side Yard Street Yard Required 21,780 s.f.100*75'10'30' Proposed 36,403 s.f.134'20'42'NA A variance is required to allow new structure to be built within the 0-75' lakeshore setback. The boathouse would be located 20' from the 929.4' Ordinary High Water Level (OHWL). »24SJ JoHtt Erleson 1620 Shadywood Road yariancts 2/16/99 Pag€ 2 Hardcover Distance from Shoreline Total Area in 'Setback ' - Existing ^Mardco^kr Allowed Hardcover Proposed Hardcover Variance Requested 0-75'11,258 s.f.710 s.f. (6.3%) none (0%) 878 s.f. (7.8%) To allow new hardcover in the 0-75' setback. 75-250*23,249 s.f.6,209 s.f. (26.7%) 5,812.25 s.f. (25%) 6,209 s.f. (26.7%) none 250-500'1,896 s.f.318 s.f. (16.8%) 568.8 s.f. (30%) 318 s.f. (16.8%) none 500-1000' » 1 • • •* .• 0 0 0 (35%) 0 none 0-75* Lakeshore Setback The boathouse would increase hardcover by 168 s.f. The boathouse would be located over an existing 8' by 9' concrete slab. Structural Coverage Total Lot Size Total Structural Coverage Percentage 36,403 s.f.Existing: 2,598 s.f. Proposed: 2,838 s.f. 7.1% 7.8% No lot coverage variances would be required. John Ericson 1620 Shadyy^ood Road Variances 2/16/99 Page 3 t \ ANALYSIS Variance ^ u .. r STATEMENT OF HARDSHIP The applicant's have included their statement of hardship as Exhibit A. The applicant should also be asked for his testimony regarding this issue. Issues 1. A boathouse had existed on the property until it was removed by the property owner in 1982. 2 3. %« The application is for new construction, all within the 0-75' lakeshore setback. The City of Orono recognizes the importance of water quality for Lake Minnetonka and has adopted a Comprehensive Plan and Zoning Code establishing a 75' lakeshore setback for all hardcover. The intent is to allow stormwater to be absorbed into the ground to filter all impurities before the water enters Lake Minnetonka. 4.To protect lake views for adjacent property owners and future property owners, the City requires all structure to meet an average lakeshore setback. No principal or accessory structure shall be located closer to the lakeshore than the average distance fix)m the shoreline of existing residence buildings on adjacent lots. 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. STAFF RECOMMENDATION Staff is recommending denial of the application based on no apparent hardship that would require and accessory building to be located along the lakeshore and over another portion of the property. .Allowing development of structure would be an adverse impact to Lake Minnetonka by compromising water quality by allowing new structure in the 0-75* lakeshore setback, and having a visual impact for adjacent property owners and from the lake. U245} John Ericson 1620 Shadywood Road yarianees 2/16/99 Pagii Attachments A B C D E F G H I J K \ ' % » Application Site Plan/$iarvey _ Plat Map Location Map Site Topography Hardcover Worksheets Property Owners List Elevation View Elevation View Permit Record Resolution Number 1300 • •11' »/ • • 1^2453 John Ericson 1620 Shadywood Road VarkmciS 2/16/99 PagiS M •» «»•**••« M CITY OF OROSO - VARIANCE a SpUCAHON 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) AppUcation# Date Received Amount Paid PROPERTY info ; ‘ Property Identification Number (P.l.D.) J ^ . '■ Attach legal description to application if not included on required survey. I^te Property Acquired_________________________________________(month/year) (do not) also own the adjacent parcels of land. •erty: ^^residential 1C Present, use of proper^ r Zoning toiirtrict: ^ other (specify). APPLICANT .Phone (home) ji^aiuc Phone(work) 0/3^ Address?^ S.^ Zip:\^o^3^y OWNER (if dififerent than applicant) Name 5 Phone (home). Phone (work). Address:City:.Zip:. DESCRIPTION OF REQUEST . , Estimated Construction Cost $ Describe request in detail: f A <2l • c (attach additional sheets if necessary) VA^NCES REQUIRED Lot Area Setback: ___Lot Width Front Side ^ Hardc^ver Q-ns Rear Lot Coverage ^^Average Lakeshori^^* . U"o.: HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing •*\ .• v\ *n compliance with Zoning Code reauirements: Aiy^\x '7lt:> ___ | If n .____________. (attawi additional sheets if necessary) s * ^ • Tv • •<:s£:7 V SSS'-V ^ * f AS BUILT SURVEY 'Tohn enicsoN SCALE r-40’ AREA A LOT 11,258 SO. FT. TO LOCATED SHORELINE DECK 282 SO. FT CONCRETE 428 SO. FT IMPERVIOUS SURFACE CdV^GE 6:3% **I • AREA B LOT 23,249 SQ. FT. DECK 94 SO. FT. CONCRETE 605 SQ. FT. HOUSE 1454 SQ. FT. GARAGE 768 SQ. FT. BITUMINOHS 3,288 SO. R. I^ERVIOUS SURFACE COVERAGE 26.7% AREA C LOT 1.896 SO. R. BITUMINOUS 318 SQ. R. IMPERVIOUS SURFACE COVERAGE 16.8% HOAD \\ !• L, J.1 *. y •i* CM UQN.068CRIPI10N: LOT 3. LOT 4. AND THE SOUTH 5.00 FER OF LOT 2. SHADY WOOD. HENNEPIN COUNTY, MINNESOTA. hereby certify that this Is a true ond correct representation of a troct os shown ond described nereon. As prepared by me this doy of V r_____ iu. f^- Peg, No.J'tOftb :< ll 3 (89) i I00\ '10/; I 2| 50 -4-91 V 50 \“ 26^27 8 CSl 2c o <NJ 29 8 f\J (56)(57)(59) --x' 50 50 50 50 100 # ^ HORe .» •(1) X- 201.02 133.98 295.8 ? , ^ I 1 /\( 10) ! 285.73 ;’^Cll) 8 (12) (13) 777.85 ^ o(35) I MlP[LE(S/il 205.41 S = (13) 245.44 2-, -?/ ■\ V - 225.3 8 T> ^( 15) V 215.2 - = 9 ^ 06) ^ 205 •: •! •' K. • 8 200. 13 \\^ SS ( T t ) 195.1 N RD 199.22 ^■©■"Ti.............-8 135.25 N 239. 86 f \ 1 L i M H21III 95.29 S CA (18) N |2 175.4 13( 19) 55. 5 145.7 V. « • •• si. (3) ^ • • • •• • * ^ > .* • HABDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) (^75^ 75-250’ 250-500’500-1000' f.yT<rriNG hardcover tn tone A. House___________X LtegUi ^iddi B. 'Cange C. Driveway D. Sidewalk/ Cov\crcfe. E. Patlo/Dcck F. Landso^ Uoderlaln By Plastic Or Fabric »t •• .1 » .• G. Other X . X %'X i . • • X X X X X X X MM. TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A HO + B JJJ2S&__ X100 . PROPOSED HARDCOVTO IN ZONE A. House _____________ X ______________ . Leofih Socn -VK ousc 20_____ B. Garage C. Driveway D. Sidewalk/ CoY^cr^ E. Patlo/Dcck F. Landscape Ucderlala By Plastic Or Fabric X X X Widdi X X X X X X X G. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE - - A ^78 + B U,2S^ HO L7^ 3S(fi ZSJL S78 xlOO 1L2£1. 7. R S.F. S.F. S.F. S.F. S,F. • S.F. S.F. S.F. .S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. A S.F. B % S.F. S.F. S.F. S.F. S.F. S.F. >.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. % A E • V. HARDCOVER CALC SETBACK ZONE: (CIRCLE ONE) 0-75 TVTSTTNG HARDCOVER IN ZONE A. House _____________ X ALCULAaCIOStaWiRKSHEET » 250-500’500-1000 ’ Lcofih Width B. Garage C. Driveway D. Sidewall^ Oowcv£^ E. Paiio/Deck F. Lasdsci^ Uaderlain By PUnic Or Fabiic X X . .*X X X X X X X X X tf •• .*-• • .* G. Other TOTAL HARDCOVER IN ZONE TOTAL PiWPERTY AREA IN ZONE^ ^3 jqq ynOPOSED HARDCOVER IN ZONE A. House Leojih Width B. Garage C. Driveway D. Sidewalk E. Patlo/Deck F. Landscape Uoderlaln By Plastic Or Fabric X X X X X X X X X X G. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE^ ^32^? . ,o0 /.t/S'f/ S.F. S.F. S.F. S.F. S.F. S.F. S.F. (hOS" ‘TV 32J?8 7*/ jiL.y S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. (0ZO7 S.F. A __________% A S.F. S.F. S.F. S.F. 'yls^ S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. • S.F. S.F. % A B I* •HABDCOVER CAXCULATION WORKSH5$ SETBACK ZONE: (CIRCLE ONE) 0-75’ EXISTING HARDCOVER IN ZONE A. House _____________ X 75-250'(250-5ol^500-1000' Leo|th Width t « B. 'Garage ' • C. Driveway D. Sidewalk E. Patio/Deck X X X X X X \ ^ vF. Landscqte Underlain By Plastic Or Fabric X X X $ $ • G.' Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AkEA IN ZONE . - , A -?/g____+ B /876> 31? i&‘r(e xlOO PROPOSED HARDCOVER IN ZONE A. House _____________ Leofth Width B. Garage C. Driveway D. Sidewalk E. Patio/Dcck F. Landscape Underlain By Plastic Or Fabric X X X X X X X X X X G. Other TOTAL HARDCOVER IN ZONE TOTAL PR^P^^ AREA IN ZONE ^ 3/S X100 S.F. S.F. S.F. S.F. S.F. 3\S ' S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. _S.F. _S.F. _ _ _ _ _ _ _ _% S.F. S.F. S.F. S.F. S.F. S.F. S.Y. S.F. ’S.F. S.F. S.F. S.F. S.F. S.F. S.F. S,T. _ _ _ _ _ _S.T. A B A B RUN DATE 12/S0/9S HENNEPIN COUNTY PROPERTY INFORHATION SYSTEH PROPERTY OWNERS LIST REPORT NO. PX4S5401' PAGE A BATCH 502 PROP ADOR OWNER NANE TAXPAYER HAtK/ADDR SB 06-117-2S S4 0054 0S485 NORTH SHORE DR GLENN C UPTON GLENN C UPTON SMS NORTH SHORE DR WAYZATA HN 55S91 PROP ADDR OWNER NANE TAXPAYER NANE/ADDR SB 17-117-2S 21 0011 0S705 • NORTH SHORE DR KRISTINA H ERICSON ET AL K N ERICSON A J H POHTILLA S202 GROVELANO SCHOOL RD WAYZATA HN 55S91 PROP ADDR OWI«R NAi« TAXPAYER NANE/ADDR SB 17-117-23 21 0014 01050 SHADYWOOD RD K H ROELOFS ETAL K H ROELOFS 1050 SHADYWOOD RD WAYZATA HN 55S91 PROP ADOR OWNER NANE TAXPAYER NANE/ADDR TOTAL BATCH 502 00009 SB 17-117-2S 21 0001 0SB05 NORTH SHORE DR JANES A POWERS JANES A POWERS 11220 OAK RIDGE LA W NINNETONKA NN S5S0S SB .rl7i-117-2S 21 0010 01010 SHADYWOOD RD DBG ROGERS GAIL ROGERS 1010 SHADYWOOD RD WAYZATA HN 55S91 • 38 17-117-2S 21 0012 01620 SHADYWOOD RD J C ERICSON ET AL JOHN C ERICSON 1020 SHADYWOOD RD WAYZATA HN S5S91 SB 17-117-25 21 0013 01040 SHADYWOOD RD 6 T FINN ETAL GERALD T FINN 1040 SHADYWOOD RD WAYZATA HN 55S91 38 17-117-2S 22 0012 01035 SHADYWOOD RD RALPH E HILLER ETAL RALPH E HILLER 1635 SHADYWOOD RD WAYZATA HN 55S91 SB 17-117-23 22 OOlS 01045 SHADYWOOD RD RALPH HARVEY ETAL . RALPH HARVEY 1045 SHADYWOOD RD WAYZATA HN 55S91 i I CERTIFY THAT THE FACTS REPRESENTED ARE AH ACCURATE AND TRUE REPRESENTATION OF INFORHATION AS IT APPEARS THIS DATE ON ^HE^RECOm OF THE HENNEPIN COUNTY OEPARTHEHT OF PROPERTY TAXATION, TO THE BEST OF HV KNOWLEDGE AND BELIEF. 1. o ,/i •'A Ii 0 ■ X. X, f-1 1 m in” *•% m • 1 ___________/ 5- #* IS,' uO> PERMIT RECORD T Permit Mo.Date nss 'JF- Type of Permit P"INtf.h4 ATTIC ^OSt^Hooiea^ 23S1 f-i»sr-7t CtfiitAGe: vm />^^0 - /^60TA L)5i>3 6-U-^'l oML Pcly, \ ' » • • T’T— Permit Mo. _33£i. vm L)^3 \ ' » » • • •« /(h^O ^hxi-L.^^^oooc^ ~7^^> PERMIT RECORD Date V* •' % •f(- (• (,U V-3<-4t f-psr-7t 6-li^'l___ Type of Permit ^rr/c Hooifo^ Oe’^0‘/^60T/i oMl c diii c ^ 1 THIS ITEM KRS BEtH 'ZifelniTv.v of OROINO v-r> •* ' ♦:2 ‘ '* kORONO RESOLUTION OF THE CITY COUNCIL N?T-V V NO. _ 1300 A RESOLUTION DENYING AN "AFTER the fact" variance application OF JOHN C. ERICSON FOR MAJOR STRUCTURAL REPAIR TO A NON CON FORMING STRUCTURE ON PROPERTY LOCATED AT 1620 SHADYWOOD ROAD WHEREAS/ the City of Orono is a municipal corporation organized under the laws of the State of Minnesota; and the City the protection of the public health/ safety and general welfare; and variance ffr^fa^or Sruc^irlr^rpai^^lorii^ho^ra^SuItp^g a pagota/ a non cpnforming structure/ located 15 from the lakeshore, and V7HEREAS/ the pagota/ hereinafter refered to as structure/ is located on a property legally described as lots 3/ 4 and the south 5 feet of lot 2, Shady-wood, hereinafter referred to as the property; and by.the applicant. oi Orono hSy"dri°eft^e ^Iffefv^ri^aji:^ 1) The property is located within the LR-1C zoning district requiring a minimum of 21,780 sr or lot area. The property consists of approximately 34,375 sf. The zoning district requires 100 of lot width; the property is 125* wide. 2) On May 4, 1981, a stop work order was issued to the applicant for work done on a lakeshore struc ture without a building permit. The following alterations were observed: a) The upper section of the structure was jacked b) ?hrold^lounL?Ln^had^beln°r^^^ replaced with a slab of insufficient thickness. c) There were no frost footings. d) There were no foundation walls between the level of the slab and the underside of the wooden second story. Ericson Page 2 -/VVV^- : - ^^ . U' y CITY / :c A. ' - ■ S'-:- ■ OF ORONO m \T» » iSSlSil®City of ORONO RESOLUTION OF THE CITY COUNCIL \ H'NO.1300 0 •• %% The proposed improvement to the structure is major structural repair. Ordinance 31.108 does not permit structural repair of a non conforming structure. If the directive of Ordinance 31.108 had been followed, the applicant would have been made aware of the alternatives available to him at the time of the required staff inspection as follows: a) If the structure could have been repaired by simple repair (no structural alterations) this could have been done with a building permit. *,) If deterioration of the structure was so severe that removal of the structure is required and applicant is made aware that replacement permits cannot be issued, Ericson could have had the use and benefit of the structure for a few more years until it failed. 6) The structural repairs proposed for the structure will require approval of new building work within 75 ft. of the shoreline; Ordinance 34.201 does not permit this. 7) The proposed major repairs to the structure would perpetuate 234 sf of hardcover within the 75 ft. setback area of the lakeshore which is not allowed per Ordinance 34.202. 8) The complete replacement of the foundation of the structure will extend the life of a non conforming structure; approval of this action would be contrary to the intent and objectives of Ordinance 31.108. 9) Ordinance 31.106 would require the removal of the structure for the assessor's records show the fair market value of the structure at $1,170.00 in 1976. 10) The applicant was in violation of section 69 B.020 of the Municipal Code when he raised and 3acked the building without a permit. The work required a licensed housemover. F.ricson Pane 3 wmiMm City of OROINTO RESOLUTION OF THE CITY COUNCI L NO. ‘b'R'orSb \ S * * 11) The applicant was in violation of State Building Code .301 when he moved, altered and repaired the structure without a building permit. 12) The applicant was in Violation of State Building Code .305 when he poured the concrete slab without an inspection. 13) The value of this accessory structure has been well amortized in the 60 odd years it has existed without any major changes or repairs. 14) Council has encouraged the applicant to obtain a building permit to relocate the upper section of the structure on a new slab on grade; said structure's new location must meet all the zoning and lakeshore setbaclcs standards. f » • 15) The granting of the required variances would result in the following violations of Section 32.340 of the zoning code with which the applicant must first comply before the required variance can be granted: a) The variances would have an adverse effect upon the health, safety and welfare of the community. b) The value of surrounding properties will be adversely affected. c) There are no special conditions applying to the land in question which are peculiar to the land or immediately adjoining property. d) The granting of the application is not nec essary for the preservation and enjoyment of a substantial property right of the applicant. e) The granting of the variances would impair the health, safety, comfort and be contrary to the intent of the Zoning Code and Comprehensive Plan. . f) The granting of the variances will serve merely as a convenience to the applicant, and is not necessary to alleviate demonstrable hardship or difficulty, except that caused by the applicant himself. ^ ^ The granting of the variances would be adverse to the regulations of the Minnehaha Creeek Watershed District. Ericson Page 4 __ ^<2P -K •U '9m I {■ j: OF !>■ItefRONO; IS m ms tm City of ORONO m • • RESOLUTION OF THE CITY COUNCIL ijK NO. 1300_ _ _ _ _ 16) The applicant has not introduced any evidence contrary to any of the above findings of fact nor has he demonstrated sufficient hardship except to state that he was not aware that a 2oning inspection and building permit was required before beginning the proposed improvement. FURTHERMORE, BE IT RESOLVED that based upon the foregoing findings that confirm the proposed improvement was begun in violation of tl^i.e rules and regulations of the State Building Code and the Orono Zoning Code, the City Council hereby requires the complete removal of the lakeshore structure at 1620 Shadywood Road subject to the condition that the applicant obtain the necessary permits to remove the structure and fill the remaining'excavation by February 15, 1982. Council would encourage'fir J Ericson to relocate the structure in a location that meets all of the City's lakeshore and zoning setback standards finding that there is adequate area and no hardcover problem for the property. Adopted by the'City Council of the City of Orono, Minnesota this rg7 day of ^ ^ , 1981. ATTEST: Alberta Strom, City Clerk TO:Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator FROM: Liz Van Zomeren, City Planner/Zoning Administrator DATE:February 9,1999 SUBJECT:#2454 Diversified Construction, on behalf of Greg and Marcia Bamum 150 McCuley Road After-the-fact Conditional Use—Public Hearing # Zoning Dbtrict: RR-1A One Family Rural Residential District ( 5 acre ) List of Exhibits: A&A2 B B1 C D E F G H1-H6 I 12 J K L M N Application Plat map Property Owner's list Survey Earth Work Calculations Preliminary plat survey Survey from subdivision County driveway entrance permit House Plans Address Assignment Address map City Engineer’s letter from 1994 re: ACCESS Zoning Administrator's letter from 1994 re: ACCESS County letter re: ACCESS from 1994 Bayside Hills Final Plat Resolution #3505 Preliminary plat Resolution #3495_____________ Application: The applicant is requesting an after-the-fact conditional use permit to approve land alteration that occurred to create a driveway to a proposed building pad. Approximately 1,500 - 2,500 cubic yards of fill were moved and approximately 213 cubic yards is in a stockpile. ^2454 Diversified Construction Greg and Marcia Barnum 150 McCulley Road PC—February 16, 1999 page~I 1 Pertinent Ordinances RR-1A District Standards, Section 10.27 Land Alteration, Section 10.03, Subd. 19 and Subd. 21 ANALYSIS Background This lot was part of a plat that received final approval in December 1994 as "Bayside Hills". The parcel is Lot 1 in Bayside Hills and consists of 6.8 acres. At the time of subdivision, it was determined that the front lot line for this property is along Bayside Road because the front of a lot is the narrow end. The proposed access was referenced in both the preliminary plat and final plat resolution ( See Exhibits M and N). In the preliminary plat resolution, it states that access would be provided from McCulley Road but that each lot has been approved for access from either Bayside/County Rd. 84 or McCulley Road. In the conclusions and orders the developer was informed that before building permits could be issues, future owners would need to provide detailed grading, driunage, and erosion control plans for the construction of driveways. The resolution also notes that access from Bayside required County approval. The applicant obtained a permit from Hennepin County in October 1998. A driveway with a 14' -22' width was approved. Grading for the driveway began after the permit was received. The amount of grading, however, exceeded the amount that is considered normal and customary for creating a driveway and a land alteration permit is required because more than 500 cubic yards was disturbed. Reviews The City Engineer, Tom Kellogg, has reviewed the plans and provided the following comments in a phone conversation on February 8,1999: 1.The proposed grading lines and elevations do not tie into the underlying contour numbers. (See Exhibit C). 2. The purpose of the stockpile should be addressed and an end date for removal should be determined. The On-Site Septic Systems Manager, Steve Weckman, reviewed this plan before he left for an extended vacation, however, prior to issuing a building permit, the primary and secondary sites need to be rechecked to assure that they have not been disturbed. U2454 Diversified Construction Greg and Marcia Barnum 150 McCulley Road PC'-February 16, 1999 page-2 ,.„jk The City Clerk has indicated that at the time of subdivision in 1994, it was anticipated that access would be from McCulley Road for this lot. Since the access is now proposed from Bayside Road, the address should be changed. (See Exhibit 1). The possible addresses available are 4760,4780 or 4790 Bayside Road. A recommendation should be made to the City Council to change the address to reflect access from Bayside Road. Staff Recommendation To approve the after-the-fact conditional use permit for land alteration subject to: 1. Review of the septic sites to ensure that they were not disturbed. 2. Determine an end date for the stockpile. 3. Change the address to a number on Bayside Road. 4. Applicant to obtain a land alteration permit. $ • U2454 Diversified Construction Greg and Marcia Barnum 150 McCulley Road PC—February 16. 1999 page-3 A AppUcation # ^ Date Received Amount Paid emr OF ORONO - general land use application PROPERTY LOCATION Site Address_____ Type of Application to be Filed -1/ Sr - ^7- 3 ? -CO Property Identification Number (P.I.D.)___________________ Phone (home).APPLICANT c t y- 1 1Name i ^ v* S i V> ^<5 Coi/> u c4-.i _______ Address ~7 O I O \4\klvV _ City Lr^is Zip erw Phone (work’l OWNER Of different than applicant! Name MaVr^A. Phone (home). Phone (workX Address q y\o — ------------ ----------- X ------------------— <r-^.l.CC city Fdf,^ P«-»iv«- .Zip Date Property Acquired ___________________________________ I (do) (do not) also 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 ______$300.00 Commercial/Industrial Use X $250.00 Land Alteration # _ . . . Grading and filling - designated wetland or floodplain X Grading and filling - 501 cu. yd. or more Grading, seawall, retaining walls within 75' of lakeshore (month/year) r —N PRD/PID - see Fee Schedule $150.00 Renewal Fee (no change fi-om 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 10 (SI REQUIRED SUBMITTALS ____Completed Application Form. ____Describe request in detail. ____Certified Property Owners List of owners within 350', labels and plat map (you must obtain this list, labels and map fi-om Heimepin County Department of Finance, A-603, Government Center, 348-3271). ____Certificate of Survey (signed by a licensed surveyor) - refer to handout for survey information. ____Attach legal description to application if not included on required survey. ____Topographic survey (existing and proposed contours) if land alterations involve changes in elevation ^ades). ____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). ____Construction plan, if applicable (see staff for requirements). ____As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. YOU ARE REQUIRED TO SUPPLY 30 COPIES OF LARGE DOCUMENTS OR COPY FOR REPRODUCTION (11 ” X 17 ” OR SMAL7..ER) FOR ALL DOCUMENTS SUBMITTED. (Staff will require to scale drawings of all documents, plans, etc. to be submitted.),,. 4. 5. 6. 7. 8. 9. •* .* The ^plicant and Property Owner musi sign this application. Please remember that your application is not complete if the above information has not been included. Certification by Clerical Department that Land Use Application is complete. Initials of Clerical Staff:_____ Date APPLICANT’S SIGNATURE The applicant hereby 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 unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best bf his/her knowledge. Applicant's signatu^£^Date OWNER’S SIGNATURE The owner hereby acknowledges and agrees to this application and further authorized reasonable entry onto the property by City staf^ consultants, agents, commission members, and Council members for purposes of investigation and verification of this request. Owner's signature Date Applicant imi?t have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the thud Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission ai^ Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and advise the Building & Zoning Office of this change prior to the meeting. CnY OF ORONO - «?3Be®^aFPLICATION Initial ^plication Fee S2S0.00 • ($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 Application # 9^^S ^ Date Received *//7 Amount Paid Property Identification Number (P.I.D.1 31 * llA» Attach legal description to application if not included on required survey. Date Property Acquired____________________________________ I (do) (<i^<mt) also own the adjacent parcels of land. Present use of pr^erty: residential Zoning tHstrict: IcP- I f\ _(month/year) ______ ___pother (specify)_______ ___________ fiAvat Rteidgyifial Bis4-ricf C^QCto ) APPLICANT Name Vk/^ySv^ a A Ccnt^rkn Phone (home ) _____________ Phone (work ) Address: "7^10 City: Sr. l OWNER (if different than applicant) Phone (home). Name i Mo**^)*^ ^aOonr>u>JL.______ Phone (work). Addres^ggQg Litng. City: ^(g/i/ggj/ul DESCRIPTION OF REQUEST Estimated Construction Cost $ . Describe request in detail: iCiC^L^c,_______ SX)C> LJ^'S SV-') lUL^ (^'U'L/€uJruJ_ . ^ ^ (attach additional sheets “(attach additional sheets if necessary) •t /> •I • * i VARIANCES REQUIRED Lot Area Setback: ___Lot Width Front Side Hardcover Rear Lot CoveragC \y' Other (specify) Average Lakeshor^^? . '4^'" HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventingulty or unusual property conaitions prever 6hJA Jjxx A/tk ^ r uyu/L^ ^7^z/^e ^ (attach additional sheets if rtecessary)necesMTv) ^ ______ " /^aUyU, Ou:t vO CAE oM, ^actcukJ2 ^ /I • •l •! ft ;iW - /X'. i • (10) I .*. A*. V.-.-.-.\*. ■^,.//r^-s3 s;:5i5^-'•* *«***«*«^ *• fvXvyWXvtxtxXxXv >x;:;:;:v:;:;:-a •x*x:xx •XwX;';-::: Z*H. It (II) mTii 3a§*»*«*£ a^^^’K-xl b 46^0 I jerr**»x_nLJi.r?t xji q* ‘i • ^xvt — tfLm — W5 j^ir -> P(25V no 4116 4755 iS * I s\, 2« * (tn (19) «r \ »•! » a:ia 0 —J (U) vV‘(9» // jy.’T/iiF ^ *«& (20 •4S C t2* ^ i: \ I.;\ T> \$ ^\tr *r (IS) __TfL \\ m'U H't ui«9 :: at V i %11 RUN DATE tl/ll/M BATCH 5*3 PROP ADM OMNER NAME TAXPAYER NANE/AODR PROP ADDR OWNER NAHE TAXPAYER NANE/AODR PROP ADDR OWNER NANE TAXPAYER NANE/ADDR PROP ADDR OWNER NANE TAXPAYER NANE/AODR PROP ADDR OWNER NANE TAXPAYER NANE/AODR PROP ADDR Oman nane TAXPAYER NANE/AODR HENNEPIN COUNTY PROPERTY INFORNATION SVSTEN PROPERTY OWNERS LIST REPORT NO. PXA3M91 PAGE 12 36 01-117-26 11 0005 06BB5 CO RD NO 19 GARY 0 A THERESA A REIERSEN GARY 0 I THERESA A REIERSEN ABBS CO RD 19 NAPLE PLAIN NN 55359 38 06-117-23 22 0019 06775 BAYSIDE RD EVAN R NELXNE EVAN R NELINE 16901 GRAYS BAY BLVD WAYZATA HN 55391 38 06-117-23 22 0025 00038 ADDRESS UNASSIGNED HXLLOWAY CORP ET AL HILLOWAY CORP 8 GREENFIELD CORP 1551 HUNTER DR WAYZATA HN 55391 38 31-118-23 32 0001 00038 ADDRESS UNASSIGNED THE CITY OF ORONO CITY OF ORONO BOX 67 CRYSTAL BAY NN 55323 38 31-118-23 33 0001 00038 ADDRESS UNASSIGNED STATE OF NINN STATE OF NINN CONRI ILUCE LINE TRAIL) 38 31-118-23 33 0002 00038 ADDRESS UNASSIGNED STATE OF NINN STATE OF NINN (DNR) (LUCE LINE TRAIL) 38 31-118-23 33 0007 06760 BAYSIDE RD L YOGERST I D DUNN D DUNN 8 L YOGERST 6760 BAYSIDE RD NAPLE PLAIN NN 55359 38 31-118-23 33 0008 00038 ADDRESS UNASSIGNED PAINTERS CREEK HONEOWNERS PAINTERS CREEK HONEOWNERS C/0 CRAIG PASSOW 100 LUCE LINE RIDGE NAPLE PLAIN HN 55359 38 31-118-23 33 0011 80038 ADDRESS UNASSIGNED B R LANGE 8 J B BURRELL BRUCE R LANGE SUITE 615 53 W JACKSON BLVD CHICAGO IL 60606 38 31-118-23 33 0012 00150 NCCULLEY RD NARCIA A BARNUN HARCIA A BARNUN 10566 PARKER DR EDEN PRAIRIE HN 55367 70 36-118-26 66 0007 00155 NCCULLEY RD P 8 S SHERIDAN PHILLIP 8 SUSAN SHERIDAN 155 NCCULLEY RD NAPLE PLAIN NN 55359 70 ;6-118-26 66 0009 00087 ' NCCULLEY RD LARRY 8 SUSAN VENSEL LARRY 8 SUSAN VENSEL 87 NCCULLEY RD NAPLE PLAIN HN 55359 38 06-117-23 22 0021 06755 BAYSIDE RD HXLLOWAY CORP ET AL HXLLOWAY CORP 8 GREENFIELD CORP 1551 HUNTER OR WAYZATA NN 55391 38 31-118-23 32 0002 00038 ADDRESS UNASSIGNED STATE OF NINN STATE OF NINN (DNR) (LUCE LINE TRAIL) 38 31-118-23 33 0006 06720 BAYSIDE RD B PETER ACHEY ETAL B PETER ACHEY 6720 BAYSIDE RD NAPLE PLAIN NN 55359 3B 31-118-23 33 0009 00038 ADDRESS UNASSIGNED PAINTERS (CREEK HONEOWNERS PAINTERS CREEK HONEOWNERS C/0 CRAIG PASSOW 100 LUCE LINE RIDGE NAPLE PLAIN NN 55359 38 31-118-23 33 0013 06680 BAYSIDE RD H D SLETTEN 8 N K SNETSXNGER N D SLETTEN 8 H K SNETSXNGER 6680 BAYSIDE RD NAPLE PLAIN NN 55359 TOTAL BATCH 503 00017 \ ;k*. i ri i 1 i il li> >!* II t :i ? I 4il 5 •• * ear th soif mov^ 1500^2'r.CY 'so! in stnckpfo/ test pit <»« 2287 ^ ^ ^ ______^ dNet soHs moved ji-ovWo<l by tb« ----------------MM VAIVt ROAD n. in Fiohv Prel irvMW»t) Pla4' '‘“"trt sunm SCCTIOM. KcnMMn County. Hlnntiota hirsMnt to miW. STAT. S#c. 3H3B.565 ()W). thi* pUt h« bw oppfo^ed tMs tfoy of ;*■»**• **y*. *■• -• •••• #• • • HomafTity HENNEPIN COUNTY Transportation Department 1600 Prairie Drive-Medina, MN 55340-5421 Permit No.4326 ' . •• • DRIVEWAY OR STREET ENTRANCE PERMIT AND SPECIAL PROVISIONS Fieid inspected by Oatie Zotterstrow r^,u 9/24/98 Location 1184 KE (|uad Co Rd 19 Nearest Cross Street (if rural)___________ Speed zone A.D.T. 49a Sight distance: Actuai-Lelt.350*Biffht 200 (to intersection)* MrhtmuilT' ^** *•'*'* 440 • .<•«'4 - ^ Right 350 Curb to be removed to: □ Consbuction Joint □ Sawed Joint Recommended drainage: □ Surface (X Culvert Culvert length _ To be detenalned 1. CONSTRUCTION SPECIFICATIONS (Within Right-Of-Way) * Below recoonended mlnloiuni - Culvert diameter BASE Type. Depth SURFACE CURB ▼yp* CR Rock__ Type — Depth 4* Hin Design SIDEWALK Type------- SHOULDER Type-------- BLVD - DITCH Topsoil_____X Depth Depth Depth t seed or sod a f • p^^te #2 or 13 as needed 3. SPECIAL PROVISIONS One 14* nlnliQUin, 22* roaxlmuui width private driveway permitted as sketched. Drainage provisions to be determined during grading. RSCEiVED OCl 0 6 199» COY Or OHONO qq not PLACE CONCRETE ON COUNTY RIGHT.OF-WAY WITHOUT WRITTEN PERMISSION. IF YOU HAVE ANY QUESTIONS, CALL (612) 745-7643. I R/W Diagram A iMPORTANT; TYPE 'V CONSTRUCT ROUNDED BERM TO PREVENT WATER FROM RUNNING DOWN DRIVE. Diagram B IMPORTANT: CONSTRUCT SWALE TO DIVERT WATER FROM _ SHOULDER. 2* Gutter \6" Swsl. ' Existing Roadway 8hould«r 1 ntW****! I Should.r Place cutvert In existing ditch Final inspection date Driveway was found to be □ Satisfactory □ Unsatisfactory Inspected bv APPROVEDMNIES: HENNEPIN COUNTY Transportation Dept r • / Bv /^. 'a • •• ^ Date./O -/ . • I -t •• M. O A ^ 4:ft ^ ^ n(i X ••• •• •* iL o 4 K A. fmtnmm • P ms sm fbM • p tasm I J nSTir — \^ !• -S td.iO\JO PLZwU St O A ^ts ‘ "i: O ^ V*ii0* <9 i4^io V y sasra^gg .• 4 rWfrsrJstnetwaw- > j 1 r-^ A- -•• •» ' -•• • \ f ..nt. v>^a> .!•>' •■■">* , -,rrr.?-S‘*^* -6&ct loU \ » BARNUM HOME »■ O A . * 1 i' ^ r* i*:' ys ^ "».5j ' I bjot) 7.v.« (V v n\Bi mm cv.^ »%\r 10*^ mi ■T|“t # P ^ 1 \ • , ^ ^>1 y T r i -IM^ -lii^|iH* Ui^^-rAi i "SiS ll /"^4 C^ 3- . miiu^aM.a ^ ^.u^id X CITY of ORONO Municipal Offices Street Address: 2750 Kelley Parkway Orono, MN 55356 Mailing Address: P.O. Box 66 Crystal Bay. MN 55323 0066 OFFICIAL NOTICE OF ADDRESS ASSIGNMENT May 5, 1995 Post Office: Maple Plain 55359 Fire Department: Maple Plain School District: 277 Westonka Zoning File: #1976 Location: Section 31, Township 118, Range 23, QQ 33 Status: Public Road .» • Plat Name: Bayside Hills ! 1 Address Assignments: 31-118-23 33 0012 Lot 1, Block 1 -150 McCulley Road 31-118-23 33 0013 Lot 2, Block 1 - 4680 Bayside Road Please change all your records accordingly. Thank you, Sincerely, jeanne ri. Mabusih Building & Zoning Administrator Enclosure - City Map; Plat Map 02-117-23 cc- Don P. Gamble. Ill, 1120 East Wayzata Boulevard. Wayzala MN* 55391 Mick Sletten, 7245 Green Valley Road. Golden Valley, MN 55427 Post Office Fire Department, School District, Orono Police Depar^ent, Departments’ (Finance. Public Works. Elections, Assessing & On-Site Systems ^aMgerL Wright-Hennepin Co-Op Electric Association, GTE, Hermepin County Sheriff, Hennep Dept of Taxation, Minnegasco, Triax, US Postal Service Telephone (612) 473-7357 • FAX 473-0510 m Bonestroo Rosene Anderilk& Associates Engineers & Architects October 6, 1994 Ms. Jeanne A. Mabusth, BuUding and Zoning Administrator City of Orono Post Office Box 66 Crystal Bay, Minnesota 55323 Re: Bayside Hills File No. 139-1976 Dear Jeanne, Obo C. Bonesloa PC. HcUn W. Koiene. PE.* Joseph C AndeittLPJ. Mjonn L ScfvjU. PE. ibehjrd E mmer. PE. Oenn ff. Cooti. PE Thomas E No>ti PE. Mctert & Schun<hc PE. Susvs M. CbCftn. CEA •Senior ConsuiurK Howoftf A SanM PE. Ke«h A Gordon. PE ioecrtEPM(ie.PX Ibchjas W ^osur. PE David Q tosivea. PE MoeertC RutseH. Af A Jeny A Botadon. PE. Mint A Hjrtson. PE. Michael T. Rauemann. PX TM K. r<UL PE. Thomas t. Andenon. AJA Donald C. PE. Thomas A S/Va PE Frederic i ScenOorg. PE Ismael Manmea. PE M<haei P. Raa PX Agnes M.Ang.AJCP Thomas W Anenoa PE. Mmei C. lynch. PE jmsEMaiandiPX Jeny a Pi«tBcn.PX Scoa i Aiganct. PX Kenneth P. Andenon. PE M«tR.HoEkPX Mark A Se^k PX Gary w Monen. PE. Paul i Gaonorx AJA Daniel I Edgenon. PC. A t<k Schmidc. PE. Phiip J Caswffl. PE Mark O Nl^L PC. Maes a Jensea PE. w Phahp Gravel PX Karen L Wiemen. PE. GaryO KrtsnfSaPX P. Ibdd Fostec PX Keen t. saph PE Douglas i Benoc PE Q Gusuhorv PC. Ccc«o Otvier. PE Paul G Heuer. PE John P Gorder. PE Charges A Cnckson Uo M Paweisky Haitan M. Olson James P. Engctviidt * »• We have reviewed the preliminary plat for the Bayside Hills subdivision. The property is located north ol Bayside Road (County Road No. 84) and east of McCully Road in the southwest quarter of Section 31. The subdivision is acceptable from an engineering standpoint, however more information should be provided at this time. The location of the driveway access for each of the t>\ o lots should be determined and a grading plan & erosion control plan should be prepared. Lot 1 has a potential access ontr either Bayside Road or McCully Road. In either case, thraccess shouldThTat least 150 feet from the intersection. The access for Lot 2 is more restrictive as it is at the tdp of a hill. We recommend it be located within 5 feet of the west lot line due to poor site distance in any other location. Any access onto Bayside Road must be reviewed and approved by Hennepin County. r Hennepin County will likely require at least 42 feet of right-of-way for Bayside Road, additional 9 feet of right-of-way should be provided. Drainage and utility easements will be required 5 feet wide along all lot lines and 10 feet wide along the roadway right-of-ways. Please contact me at this office if you have any questions regarding this matter. Yours very truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Shawn D. Gustafson, P.E. 2335 West Highway 36 • St. Paul, MINI 55113 • 612-636-4600 CITY of ORONO Municipal Offices Street Address: 2750 Kelley Parkwa) Orono, MN 55356 Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 October 5, 1994 Doug Mattson Hennepin County Department of Public Works 320 Washington Avenue South Hopkins, MN 55343-8468 RE: Application #1976 ft** Dear Doug: • The enclosed two-lot subdivision located at the northeast quadrant of the intersection of McCulliy Road and Bay side Road is being reviewed by the Orono Planning Commission. A public hearing is scheduled for October 17, 1994. Lot 1 has two options for access on both Bavside and McCulley. Lot 2 can only achieve access via Bayside. Steep topographies create certain sighting limitations for access on the 35 mph road. We ask that you define the desired curb cut for Lot 1 (if owner seeks access on Bayside) and Lot 2. Please contact my office if you have any questions or if you need additional information. We would appreciate your written comments being submitted to the City no later than Tuesday, October 11th. Sincerely, ,0 Jeanne A. Mabusth Building & Zoning Administrator JAM/lsv Enc. Telephone (612) 473-7357 • FAX 473-0510 f V-,.»v., V . :• • • ;v > • • .. . *.• . V*/ '• • ' . . • ^ -I *H • • . Hennepin County L JL An Equal Opponunity Employer J j.inus M IV>iiuy, C'lumcy AJmmisii.itor m • • -m !• -*• • • Oeanne A. Mabusth * Building and Zoning Administrator City of Orono P.O. Box 66 Crystal Bay, NN 55323-0066 October 12, 1994 RE: Proposed Plat - Bayside Hills CSAH 84, northeast quadrant CSAH 84 and McCulley Road Section 31, Township 118, Range 23 Hennepin County Plat No. 2188 Review and Recommendations Dear Ms. Mabusth: Minnesota Statutes 505.02 and 505.03, Plats and Surveys, require County review of proposed plats abutting County roads. We reviewed the above plat and make the following comments: For future Improvements to ti i-ii 8-> ucCulley Road intersection, the developer should dedicate an 7 feet of right of way for a total of 40 feet of right of way from and along the CSAH 84 centerline. The developer must have an approved Hennepin County entrance permit before beginning any access construction to CSAH 84. The developer can contact Dave Zetterstrom at 930-2548 for general access requirements, reaction to developer proposed location of curb cuts, and entrance permit forms. • All proposed construction within County right of way requires an approved Hennepin County permit prior to«.beginning construction. This includes, but is not limited to drainage and utility construction, trail development and landscaping. Contact our Permits Section at 930-2550 for utility permit forms. • The developer must restore all areas, within County right of way, disturbed during construction. Department of Public Works 320 Washington Avenue South Hopkins, Minnesota 55343-8468 (612) 930-2670 FAX:(612) 930-2513 TDD:(612) 930-2696 Piipcr • • Jeanne Mabusth October 12, 1994 Page 2 Please direct any response to Doug Mattson. Sincerely, ^. Thomas D. Johnson, P.E. Transportation Planning Engineer TDJ/DBM• $ mu vjmuowiiAifk.xc.M'Tm-jhfl.-m.'XJWrO'.j 6375S88 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 8 5 0 _____ A RESOLUTION APPRO\TS’G THE PLAT OF BAYSIDE HILLS FILE NO. 1976 \VHERE.\S, the City of Orono is a municipal corporation organized and exisung under the laws of the State of Minnesota; and \MIEREAS, the City Council of the City of Orono has adopted subdivision reculaiions for the orderly, economic and safe development of land within the City; and I I • • WHEREAS, the Cit>' Council has considered the application tor a subdivision of a Class III plat by Don P. Gamble. Ill and Qu;riro, Inc., a Minnesota coiporation, (hereinafter "the subdividers"j; and WHEREAS, on November 14, 1994. the City Council approved Resolution No. -.495 approving the preliminary plat of two lots and the lot width variances based on “ findings and hardships set forth in that resolution. Subaivision has been found cO meet all ou.e standards of the RR-IA Rural Residential Zoning District tmding that each lot :s o» .a s-.ze atiJ configuration that would allow its use as a single family residence to be tu.ly devCiOjied withou. the need of any further variances: and ^^^E^ERE.4S, the subdividcr has completed all requirements of tlie platting regulations of Cit}.-. including: 1. Completion of all the requirements of Resolution No. 3495. the resolution mat granted preliminary approval of the two lot plat. 2. Dedication on the plat of drainage and utility easements. 5. Dedicaiion on the plat of right-of-way for a publie road shown as Bayside Road (County Ro.ad No. 84). 4. Pavmeni to the City of the \mk dedication fee in the amount of SIO.400.00. Page 1 of 3 CITY of ORONO RESOLUTION OF THE CITlf COUNCIL NO. 3.5 0 K------- m Payment to the City for the legal review and filing of the plat easements and covenants in the amount of S75.00. # # • • .» .* NUVV, IHEREFORE, BE IT RESOL^TD, that the City Ccunai! of the City of Orono hereby approves the plat of Bayside Hills, Hennepin County, Minnesota, subject to the following conditions; ^ 1. Upon application for building permits for Lots 1 and 2. the future owners or tlieir representatives shall provide detailed grading, drainage and erosion control plans for construction of driveways to serve new building sites. The Orono City Engineer must approve the grading plans for the two driveways before building permits can be issued. 2 An access permit must be approved by the Orono Public Works Director if access to Lot 1 shall be achieved via McCulley Road. The Hennepin Coun^' Department of Transportation permit is required if access is to be achieved via Bayside Road (County Road No. 84). These permits must be approved before building permits can be issued. 3. Future access to the Luce Line for Lot 1 has been approved as a trail constmeted on existing grade to be covered with wood chips. Any future changes in this approved plan must be reviewed by the City. 4 The aforesaid plat shall be filed by the City of Orono with eitiier the Hennepin County Recorder’s Office or the Registrar of Title’s Office on or before June 12. 1995 together with a certified original copy of this resolution. The approval granted by this resolution .shall expire if the plat has not been filed by the date specified above. In that event it will be necessary to file a new application with the City of Orono for subdivision review. Dated this I2th day of Decembe., 1994. ATiTEST: 'Dorotliy Tallin, City Clerk d^an. Jr., ^ Page 2 of 3 fr^vei CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 845 5 yjsrj A RESOLUTION GRANTING PRELIMINARY APPROVAL OF A CLA§^1II SUBDFVTSION FOR PROPERTY LOCATED AT 4680 BAYSIDE - FILE NO. 19769 m <• •4* WHEREAS, DonP. Gamble, HI and Quatro Oil Ventures, Inc. (hereinafter "the subdividcrs"), on Septerpber 23, 1994, filed a formal subdivision application with the Cit>- for approval of a two .lot^esidential plat of propeny legally described as: *. Outlor"‘12,*'Paintcrs Creek, according to the plat on file in the office of the County Record^wf Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, after due published and mailed notice in accordance witli Minnesota J^tatutes 462.358 et. seq. and the City of Orono ’s Zoning and Subdivision Ct^es, the Orono Ipiannins Commission held a pu(tlic hearing on October 17, 1994 at which lime all persons rdesirpa to be heard concerning ^is application were given the opportunity to speak thereon: and WHEREAS, at.their regular meeting held on November 14,1994, the Orono City ‘cfouiicil considered the subdivision application of the subdividers, noting the foliov'ing findings ! )f fact: 1. The propertyls located within the RR-1A Single Family Rural Residential Zoning District requiring a minimum of 5 acres of dry buildable land within each newly created lot^ 2. ' The pfoperr/ consists of 13.38 acres of dry' lands. Lot 1 consists pf 6.8 acres, and \joi 2 consists of 6.51 acres. The lots do not meet the required lot width of 300 ’ to the rear of the 100 ’ street/front setback. The Planning Commission approved the width variances based on the following unique findings and hardships: a. The existing parcel is configured such that Lot 2 can only achieve a*.cess via a 237’ platted corridor. • ^ Page 1 of 5 ^ • CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 8 4 9 5 b.Per Section 10.02, Definition 36 that defines a front lot line for a comer lot, the front lot lin<». for T.ot 1 must be defined at_Count\- Road 84 where the existing platted corridor measures only 179 . c.Lot 1 would not require a lot width variance if the front/street yard was defined along McCulley Road where there is some 745 lineal feet. d. Access for Lot 1 will be provided along McCulley Road and yet the code would require that the front/street yard be defined at Bay side Road. 3’,' ‘ ‘ Both lots have adequate and suitable soils for on-site treatment facilities. ^4.Each lot has been approved for access either at Bayside/County P.oad 84 or McCulley Road. 5. Each lot can be developed without the need for granting setback variances for residential construction. NOW THEREFORE, BE IT RESOLVED, that based upon one or more of the findines noted above, the City Council of the City of Orono hereby approves the prehtn.na^ plat application of Don P. Gamble. Ill and Quatro Oil Ventures. Inc. Lymond A. Prasch. a licensed survey of Lot Surveys Company, Inc. dated 9-22-94, subject to the following conditions: 1.Dedication of an additional 7 ’ of right-of-way for future improvements at the intersection of County Road 84 and McCulley Road. The 7 ’ of additional right- of-way shall extend for 40’ suiting at the intersection of McCulley Road and County Road 84 and run easterly along County Road 84. Dedication of drainage and utility easements 10* along the perimeter bo'i-lary of the properties and 5’ along the shared lot lines. J.All residential construction shall meet required setbacks of RR-IA zoning c!i..;nct as follows: 100’ front and rear setback 50’ side setback. Paee 2 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 8 4 9 5_____ ^ 5. 6. * t 4. Developer to obtain a demolition permit for the removal of the barn on Lot 2 to be completed prior to final plat approval. Upon application for building permits for Lots 1 and__2. future owner shall provide detailed gr^ing. drainage and erosion control plans for constniction of drivew^tblerve new"building sites. The City Engineer must approve gra'^mg plans for driveway construction before building permits can be issued. An access permit must be approved by the Public Works Director if access to Lot 1 shall be achieved via McCulley Road. If access is to be achieved via Bay side. a Hennepin Count\- DOT permit is required. These permits must be approved before a building permit can be issued. 7. Prior to final plat approval, subdivider is responsible for locating existing wells and to confirm which well shall remain to serve fumre residential construction. Any well to be abandoned must be permitted by appropriate State and County agencies. The subdivider must provide written confirmation that wells have been legally abandoned prior to final plat approval. 8. Future access to Luce Line Trail for Lot 1 has been approved as a trail constructed on existing grade and to be covered with wood chips. Any changes in this approved plan must be reviewed by the City. 9. Payment of a park dedication fee prior to final plat approval. The City Assessor shall be asked to determine the fair market value of the undeveloped land. The park dedication fee shall be based on 8% of that value. The following list of final submittals must be submitted to the Zoning Administrator two weeks prior to the regularly scheduled Council meeting on the second and fourth Mondays of the month. These submittals are as follows: 1.Record plat drawings in the form of two (2) mylar copies (with one copy for the City records and one for filing with Hennepin County ’) and one (1) copy reduced to I" = 200’. Drawing to include: Page 3 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 8 4 9 5_____ 3. A. Lot lines platted per preliminary survey by Raymond A. Prasch of Lot Surveys Company, Inc. dated September 27, 1994. B. Dedication of "drainage and utility easements" as noted in Item 2 above. C.Dedication of additional T of right-of-way for County Road 84 as noted in Item 1 above. » » • ^ m m ••• \ .. V • ' Vs*• • •• • V S» tm m » • m mt — D. Naming of plat. Legal documents required: A. Title opinion addressed to tlie City. All owners, mortgage_hold?Ts,or others with property interest indicated therein shall sign the plat and all other documents affected by such interest. B. The applicant must provide certified copies of all recorded easements currently affecting the property. C. If appropriate, written confirmation that wells to be abandoned have been abandoned per State and County standards. The subdivider shall confirm location of existing wells to remain to serve future residential construction with On-Site Septic Manager, Stephen Weckman. D. Subdivider shall obtain demolition permit for removal of bam on Lot 2. \ • • rrTf* - r rr-.;;* till Wl %. I r w. * ..vt- i-wV vvvv » • • • • w W * \ Fees to be paid: Total due: S250.00* A. Final plat fee = $175.00 B. Legal review and filing fees for subdivision — $75.00. - .v-, .. City Assessor to determine the fair market value of undeveloped .*1* park "fee shall be based on 8% of that value. Such payment must be made prior to final plat approval. Applicant will be advised of determination of the park dedication fee as soon as the City Assessor makes his report to the Cit). Paee 4 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 8 4 9 ______ Adopied by the Cit>' Council of the City of Orono. Minnesota at a regular meetin held this 14ih day of November, 1994. a STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foreaoins instrument was acknowledged before me on this 14th day of Novcmb«r 1994 by Edward'j. Callahan, Jr. & Doroihy M. Hallin. Mayor & Ci^ of Orono, a Minnasoia mnnicipal corporation and said instrument was executed on beha.f of the City. L!NDA S. VEE r.' . V r-CTAPy public - Minnesota t. *•••■■*; HrfiNEPiN COUNTY ^.7’ V *‘ W/ 4cnnr ‘i$*.cn expires S-12-99 1/ Notary Public Page 5 of 5 2 TO: FROM: DATE: Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator Liz Van Zomeren, City Planner/Zoning Administrator February 2,1999 SUBJECT: #2455 Kristine E. and Roger E. Strauman 123 Chevy Chase Drive Zoning District:Rl-A One Family Rural Residential District (1 acre) Lot Area:142.2’ X 142’ X 176.42’ x 147.52’ (.529 acres) Exhibits: A Application B Plat map B2 Property Owner’s list C Survey D Front Elevation El Left Elevation E2 Right Elevation E3 Floor plan F Permit Record Application: The applicants own the subject property and are requesting a lot area variance to remove the existing residence that was constructed in 1954. The lot is approximately .529 acres and the minimum lot area requirement is 1 acre. A lot area variance is required to construct a new residence. Pertinent Ordinances: 1. R-1A Standards, Section 10.20.5 (B) U2-i55 Roger and Kristine Strauman 123 Chevy Chase Drive PC-2/16/99 page-1 ANALYSIS Lot Area and Yards R-IA District Standards Lot Area Lot Width Street Yard Side Yard Side Yard Adjacent to Street 1 acre 140'35*10'35’ Subject Property Lot Area and Yards Lot Area Lot Width Street Yard Side Yard Side Yard Adjacent to Street .529 acres 142'36' proposed 31'and 39’ proposed Not applicable The subject lot conforms to lot width and the proposed structure will meet all setback requirements. The lot docs not meet the minimum lot area requirements, A lot area variance is required. STATEMENT OF HARDSHIP The applicant has indicated that the lot was platted prior to the existing minimum lot area requirements. STAFF RECOMMENDATION The lot area is consistent with the neighborhood and the proposed residence will not require further variances. To approve the lot area variance. i^2455 Roger and Kristine Strauman !2i Chevy Chase Drive PC-2/16/99 page-2 i \ CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee S250.00 ($50.00 per each adr'.’.ional variance) Renewal Variance Fee SI50.00 (no change from ori^al application) Variance for non-conforming structures $250.00 Afrer-the-Fact Fees (Double application fee) PROPERTY' INFORMATION Site Address 125 C.he.\/lA ClVl&€ Application# 7_ ^55 Date Received Amount Paid A Property Identification NumberTP.I.P.) | [ft- Attach legal description to application if not included on required survey. Date Property Acquired ^8________________*_________(month/year) I (do) (do not) also own the adjacent parcels of land. Pr^.cat use of property: reridential ___pother (specify). ZonL-.g District: R- 1 f I QL£.|rfc^______________ APPLICANT Phonerhome^fcll- ^3- Nair.2 E. Oirvi RogpY ^Optmn Phone(work'i06l-^^.4- Address: 4*20 Pnryj giriy. CiVdc City: \AiAi^7ri^ _____Zip: 552S^l OWNER (if different than applicant) Name Phone (home). Phone (work). Address:City:.Zip:. DESCRIPTION OF REQUEST Estimated Construction Cost $ Describe request in detail: \A/nriM -fr> (emrNe. rr vic4<V>0 Cr>r\s4ini/4-IWj rr\ 'h (\CU lof (attach additional sheets if necessary) VARIANCES REQUIRED y Lot Area Lot Width Setback:Front Side Hardcover Rear Lot Coverage Average Lakeshore Other (specify) HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing compliance with Zoning Code requirements: p|/vN/»H pTiV-iy 4rt TPy t'vhn0 4tv> rrvi»v| . (attach additional sheets if necessary) ^ mm DATE 01/15/99 HENNEPIN COUNTY PROPERTY IHFORHATIOH SYSTEN PROPERTY OWNERS LIST BATCH 509 PROP ADOR OWNER NAME TAXPAYFR NAHE/ADOR PROP ADDR OWNER NAME TAXPAYER NAHE/ADDR PROP ADDR OWNER NAHE TAXPAYER NAHE/ADDR PROP ADDR OWNER NAHE TAXPAYER NAHE/ADOR 50 56-lia*25 91 0015 00119 CHEVY CHASE DR T W FORSTER OBJ FORSTER THOHAS FORSTER 119 CHEVY CHASE OR WAYZATA MN 55591 58 59-118-25 91 0018 00125 CHEVY CHASE DR R S OLSON A H W OLSON R S OLSON t H W OLSON 125 CHEVY CHASE DR WAYZATA MN 55591 58 59-118-25 91 0057 00120 CHEW CHASE DR THOHAS 8 CASWELL JR I WIFE THOHAS 8 CASWELL 120 CHEVY CHASE DR WAYZATA HH 55591 58 59-118-25 91 "O'O 00129 CHEVY CHA:4 OR RUTH L BROWNAWELL RUTH L BROWNAWELL 129 CHEVY CHASE DR WAYZATA HN 55591 REPORT NO. PZ9S5901 PAGE 19 58 59-118-25 91 0016 00121 CHEVY CHASE OR LOUIS B OBERHAUSER LOUIS D OBLRHAUSER JR J21 CHEVY CHASE OR WAYZATA HN 55591 58 59-118-25 91 0017 00125 CHEVY CHASE OR R E STRAUHAH ARE STRAUHAN R E STRAUHAN IKE STRAUtlAN 125 CHEVY CHASE DR WAYZATA HN 55591 58 59-118-25 91 0019 00127 CHEVY CHASE DR JEFFREY C JACOBSEN JEFFREY I ELIZABETH JACOBSEN 127 CHEVY CHASE DR S WaYZATA HN 55591 58 59-118-25 91 0059 00119 CHEVY CHASE DR RICHARD J HCCARTNY ETAL RICHARD NCCARTHY 119 CHEVY CHASE WAYZATA HN 55591 58 59-118-25 91 0058 00122 CHEVY CHASE DR JOANNE C CARLSON JOANNE C CARLSON 122 CHEVY CHASE DR WAYZATA HN 55591 58 59-118-25 91 8859 00129 CHEVY CHASE DR 0 L ANOROLZ I S L ANDROLZ GERALD L I SANDRA L ANDROLZ 129 CHEVY CHASE DR WAYZATA HN 55591 1 : 58 36-118-25 92 0005 00058 ADDRESS UHASSIGNED WAYZATA COUNTRY CLUB WAYZATA COUNTRY CLUB PO BOX 151 WAYZATA HN 55591 TOTAL BATCH 509 00011 I CFRTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORHATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTHENT OF PROPERTY TAXATION« TO THE BEST OF HY KNOWLEDGE AND BELIEF. W‘1‘1 ,DATE Ml UiJIJlW i!!* f- I f»^ J DAN-DAR ICHES LOT SURVEYS COMPANY, INC. LAND aURVEYORS neCCTEREO UNDER LAWS OP STATE OP MINNESOTA 7C01 • 73fd Afenut NortU 600-3003 MimicapoUf, Knimci oU C5428 ^iiruci|drji (Srrllflrale INVOICE NO.. p.n.NO. llWfU. SCALE r O-OENOTliSlllON * Tli« only tutmMili ihown Mt fforn plaU of fwofd orinfoniiallon provtdtd by cMont VMihoftOyeofiltyihai «hlf :«tlnfoindcofrac1rofwotonUllonc.*oaunr«yoflho lioufiOMlot of Uio obovo UooollioU lonil oml tt«i locoilonof ifl UiOoflnos andtno* Mo •ncf05chmonls.lt any. Ifoifi Of on taM UnU. Sunptytid hy ut HtU Bth dip of-----June -10 . ,,, if- II Slfncd • *• .• . ' * *. >: •n»;T -p 4c>ieMjie4*eHTXu/'[ • ■• ■ • ;•>'..vry : ><* M-? 4f •» *V. -.iV.Li . xy • f • ^• * I I • / r • •• iP » • • • • 4 41 [^gpv . •• • wjcy Uop'izcHrAujf. -. t • • >•; * •• i •# • t 4 • • • • .* -•*• :.-.i ' •.: / # ^ M '!■ ..;■ •' t'V;-. '-><r V. • • . .. " •-Cv / v.’. V- •; •• :{••.*.••, *• ' * '' V . * '• . A#* •• aI# ^ S ^ ® *• ••«.• • ^ • • •• .* m • ^ # OATf! _ ViV^RE^StONS DRAWN BM Z- comM. no ^i)03o O'f'.T'v 1 fjO’-0*’N.T5 \S-2?*WX^.\lWw 1 . •_ • j» ^ *•* r>n^p ?1U)S • • • • M T6. , a 7 Jf#oin 71 Vo'Vo ,'>SfiSU _r*9*-|0 HT-i A I *yf'«»'“*‘ieo-A ;A*ci/ \i/i ef o,»kx«. z.m.■■■■■ni t=>n I <5 1*1 Permit No. ne PERMIT RECORD Date I S'lt -t>y ; 3-^ 6ha.4g. hy Type of Permit % TO: FROM: DATE: SUBJECT: Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator Lij(/yan Zqmeren^pi^ Plj^er/Zoning Administrator February 9,1999 #2457 David and Paula Lindberg 1392 Baldur Park Road Variances and Conditional Use Permit-Public Hearing Zoning District: LR-IB Lot Area: One Family Lakeshore Residential District (1 acre) 31,760 sq. ft. (.729 acres) Eihibits:A Application B Plat map B2 Property Owner's list C Existing survey D Proposed survey E Hardcover worksheets F Elevations F2&3 Floor Plan G PC Minutes from 5/18/98 H PC Minutes fi-om 6/15/98 I PC Minutes from 7/20/98 J CC Minutes from 7/27/98 K CC Minutes from 8/10/98 L Resolution #4143 Application: The applicants are requesting hardcover variances in the south 0'-75' setback and the 75'-250' setbacks and a conditional use permit to grade for a driveway in the 0'-75' setback and within 5' of the west property line. The proposed plan also requires a side yard variance for the garage to be located 11' from the property line where 15' is required for a garage that exceeds 750 sq. ft. A variance would also be required to locate the garage closer than 10' to the principal #2457 David and Paula Lindberg 1392 Baldur Park Road PO-2/16/99 page-1 structure. The proposed plan also shows a portion of the porch possibly being located al\i^ of the average lakes|^re setback. The surveyor should confirm the average lakeshore setback line. The proposal includes 15.12% structural coverage where 15% is allowed. A structural lot coverage variance is required. A previous application tor this property was considered in 1998. The minutes and resolution #4143 regarding that application are attached to this report. The applicants are prospective or new buyers of the property. Pertinent Ordinances: Section 10.22, Subd. 1 and 2. Section 10.55, Subd. 8 Section 10.56, Subd. 16(J) and 16(L) Section 10.03, Subd. 19 Section 10.25, Subd. 6 #2^57 David and Paula Lindberg 1392 Baldur Park Road PC-2/16/99 page-2 1 ts :i\ analysisLot Ares and Yards LR-IC District Standards Lot Area Lot Width Street Yard Side Yard Lakeside Yard 1/2 acre 100’30’10’75' and ALS* * Average Lakeshore Setback Subject Property Lot Area and Yards Lot Area Lot Width St^-eet Yard Side Yard Lakeside 31,760 sq: ft. (.72 acres) 97.5’ at shoreline; 113’ at 75' setback 75’ proposed to garage ir to garage; 15' required for garage over 750 sq. ft. >75'; porch may encroach in the ALS The lot meets the lot area requirements and the lot width requirement because it meets the 80% lot width requirement. The proposed plan does not meet the side yard requirement for the garage nor the 10’ separation of structures. It appears a portion ot the porch may encroach into the average lakeshore setback. Structural Coverage Total Lot Size Total Structural Coverage Allowed (15%) Proposed Structural Coverage Proposed Percentage 31,760 sq. ft. 1* L-------------------- 4,764 sq. ft.House=2,126 Porch= 1,820 Garage=858 Total =4,804 sq. ft. 15.12% The proposed plan exceeds the allowed structural coverage by 40 sq. ft. A variance is required for this plan. H2457 David and Paula Lindberg 1592 Baldur Park Road PC-2/I6/99 page-S Hardcover Distance from Shoreline 0 ’-75' (NORTH) 75'-250' 0'-75 ’ (SOUTH)' Total Area Setback 7,830 sq. ft. 15,190 sq. ft. 8,740 sq. ft. 31,760 sq. ft. Existing *ffardco\>yr 686 sq. ft. (8.76%) 4,420 sq. ft. (29.10%) 3,346 sq. ft. (38.28%) 8,452 sq. ft. (26.6% of total lot area) Allowed Hardcover NONE 3,797.5 sq.ft. (25%) NONE 3,797.5 sq. ft. (25%) Proposed Hardcover NONE 5,080 sq. ft. (33.44%) 640 sq. ft. (7.32%) Driveway 5,720 sq. ft. (18% of total lot area) Variance Requested NONE 1,282.5 sq.ft. (8.44%) 640 sq. ft. (7.32%) +1,922.5 sq. ft. The iq)plicants are proposing to remove hardcover in the northerly 0'<75' section of the lot where no hardcover is allowed. The plan would remove the existing hardcover in the 75'-250' setback and replace it with new construction which would require a variance to allow 33.44% ^diere 25% is allowed. The plan proposed 1,922.5 sq. ft. more hardcover than the maximum allowed by the ordinance. This lot, however, has two 0'*75' setbacks and a minimum amount of hardcover is needed in the southerly section to provide a driveway. Staff does not believe that the driveway is adequate to provide parking in fi'ont of the garage. The previous resolution #4143 granted a variance to allow a 2,440 sq. ft. house with an attached garage (680 sq. ft.) with stoops, walks and patios (360 sq. ft.). Tlie driveway was proposed at 2,245 sq. ft. ti2457 David and Paula Llndberg 1392 Biildur Park Road PC--2/I6/99 page~4 i ftmiairn.i.. .alK--x ■ -1 Resolution #4143 Application House 2,440 sq. ft.3,946 sq. ^.(includes 1,820 «« .. a*sq.ft, for porch) Garage 680 sq. ft.858 sq. ft. Stoops, walks, patios 360 sq. ft.156 sq. ft. Driveway 2,245 sq.ft.760 sq. ^.(not enough parking area in front of garage) Total 5,725 sq. ft.5,720 sq. ft. The application proposes less hardcover than the amount of hardcover that was approved in the previous resolution. This application, however, requires more variances for side yard setback for the garage, setback between the accessory and principal structures and a structural lot coverage variance. Staff also does not believe that the driveway was drawn to adequately reflect what is typically needed for a parking area in front of a 3 car garage. Where the previous application required a hardcover variance to allow a longer driveway to match the topography and to allow an attached garage, this application minimizes the non-structural hardcover for a driveway by proposing a detached garage with a narrow parking pad. More hardcover is put into structures-for the larger garage and the porch. The need for a hardcover variance in the 75-250' setback is a design issue and is not due to any uniqueness of the lot. Hardcover and structural coverage could be reduced through redesign. The Planning Commission should also consider the location and size of the detachr'^ garage as the garage doors will face the lake and the adjacent property to the west currently may enjoy a view of the lake through this area. The average lakeshore setback does not apply to the street side of this lot even though it is located on the lake. STATEMENT OF HARDSHIP The applicant has indicated that the hardship is having two O'-75' setbacks. Having lake views on each side, however, is an amenity. ^2457 David and Paula Lindberg 1392 Baldur Park Road PC-2/16/99 page-5 STAFF RECOMMENDATION A hardcover variaf^ and conditional use Qjprmit is appropriate for a reasonable driveway in the 0'- 75' setback on the south. That does not justify, however, granting a hardcover variance in the 75'- 250' setback where a house and garage with driveway could be constructed with less than 3,797.5 sq. ft. of hardcover. No hardship exists to grant variances for side yard setback, structural coverage or to reduce the 10' required distance between the principal and accessory structure. Further, no hardship existe to locate the porch ahead of the average lakeshore setback. Staff reconunends that the applicant redesign to reduce variances. A hardcover variance in the southerly 0'-75' setback for a driveway and a conditional use permit to grade would be feasible. §2457 David and Paula Lindberg 1392 Baldur Park Road PC-2/16/99 pag^-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 ori^al application) Variance for non-conforming structures $250.00 After-the-Fact Fees (Double application fee) PROPERTY INFORMATION , Site Address Application# S'! Date Rcceiv^~ Amount Paid *2 SO^ Property Identification Number (P.I.D.) \\"1 jlSS I oooSm, ---------------------------------------------- N-------------------^ ^ ^ - I ^ — Attach legal description to application if not included on required survey. Date Property Acquired_____________________________________ I (do) <^o noft^also own the adjacent parcels of land. (month/year) Present use of property: _X_residentiaI Zoning IXstrict other (specify) ' iiLl~L V'O.gcye'-) (kftWlU (PU'S’W-lftlT APPLICANT . ^Phonefhome) Name V? Jber Phone(work)^..,^___--------------- Address:i^uuD ^Citv: Zip: OWNER (if different than applicant) (homelCUO Name Phone (work) Address: _____________City:._____________________________Zip:----------- - DESCRIPTION OF REQUEST Estimated Construction Cost $ Describe request in detail: ^ \eA<>«.» fM (ij>UltA.<u) an^p\ VutU-. 4eo>/ /4cl Jwvhya- - 4o 5 J • (attach additional sheets if necessary) of- '^vop#rl^ — OtA^- “fi $iAe Iro^'N. VAMANCES REQUIRED Lot Area Setback: ___Lot Width Front Side X Hardcover 0-75) Lot Coverage Rear Average Lakeshore Other (specify) HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing . rs ^ ibiA oL41 jL J^pflrTy UavJl - ____ \KUaUIr/UbM.-KirllUPi wr unuauAt, ri\\j Describe undue hardship or practical diffio^ c compliance with iZoning Code requiremMts:][^tf^ M ^ o-lS' '2otAe> recMM^'uy (attach additional sheets if necessary) Ur. t J H It \! r 1 -1 - •'N i Of-in-A3 RUN DATE 01/12/99 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST REPORT NO. PI435401 PAGE 5 BATCH 502 PROP AODR OWNER NAME TAXPAYER NANE/ADOR 38 Oe-117-23 31 0001 01900 BALDUR PARK RD CHARLES B REID CHARLES B REID 1900 BALDUR PARK RD WAYZATA MN 55391 38 08-117-23 31 0002 01396 BALDUR PARK RD R J 8 N A WETT TRUSTEES RICHARD I MARGE WETT 1396 BALDUR PARK RD WAYZATA MN .55391 38 08-117-23 31 0003 01392 BALDUR PARK RD C H O’KEEFE 0 L M O'KEEFE G W O'KEEFE 0 L M O'KEEFE 1392 BALDUR PARK RD WAYZATA MN 55391 PROP ADOR OWNER NAME TAXPAYER NAME/AODR 38 00-117-23 31 0009 01309 BALDUR PARK RD M D 8 J A VERSTES6 HARK D VERSTEEG 1389 BALDUR PARK RD WAYZATA MN 55391 38 08-117-23 31 0005 01376 BALDUR PARK;RD J WANG 8 D L BOTHWELL-WANG J WANG 8 D L BOTHWELL-WANG 1376 BALDUR PARK RD WAYZATA MN 55391 38 00-117-23 31 0006 00038 ADDRESS UNASSIGNED WILLIAM J H FRANKLIN WILLIAM FRANKLIN 1730 NEW BRIGHTON BLVO MPLS MN 55913 PROP AODR OWNER NAME TAXPAYER NAME/ADDR 38 08-117-23 31 0007 00038 ADDRESS UNASSIGNED WILLIAM J M FRANKLIN WILLIAM FRANKLIN 1730 NEW BRIGHTON BLVO MPLS MN 55913 38 08-117-23 39 0017 01908 BALDUR PARK RD WILLIAM L/KRISTI B ANDERSON WILLIAM L/KRISTI B ANDERSON 1908 BALDUR PARK RD WAYZATA MN 55391 38 08-117-23 39 0018 01909 BALDUR PARK RD CHARLES AFFIAS CHARLES AFFIAS 2639 JERSEY AVE S ST LOUIS PARK MN 55926 PROP ADOR OWNER NAME TAXPAYER NAME/ADDR 30 08-117-23 39 0031 00038 ADDRESS UNASSIGNEO REGINALD A SPINOLER R A SPINDLER SPRING FARM 8902 BURROUGHS RD W DEER PARK HA 99006 38 08-117-23 39 0032 00038 ADDRESS UNASSIGNEO REGINALD A SPINOLER R A SPINOLER SPRING FARM 0902 BURROUGHS RD H DEER PARK HA 99006 38 08-117-23 39 0033 00038 ADDRESS UNASSIGNEO HAROLD R KITCHEN HAROLD KITCHEN BOX 918 NISSHA MN 56968 PROP ADOR OWNER NAME TAXPAYER NAME/ADDR 38 08-117-23 39 0039 00030 ADDRESS UNASSIGNED HENNEPIN FORFEITED LAND CITY OF ORONO P 0 BOX 66 CRYSTAL BAY MN 55323 TOTAL BATCH 502 00013 /n r.-> •f ■! A o ,.0-T 4- /-.r. - • •} . 1 w RUN DATE tl/12/99 BATCH 592 HENNEPIN COUNTY PROPERTY XNFORtUTION SYSTEH PROPERTY OWNERS LIST REPORT NO. PXASSA9L PACE 9 Top. ADt>: iWWVTNSon (S>•Uacmru» WMC V0cx\jpoi^ (1<B) -s C5)>^(<4lto OWo (iO u t»wt eJ KJ 6^3^ i X CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF XNFORHATION AS XT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTNENT OF PROPERTY TAXATION^ TO THE BEST OF NY KNOWLEDGE AND BELIEF. DAT M3r|<?n „ 1h .. «A« •i" * '»0QS9-r-^^--l*J835’iS-P=rrr::„. -------r-- ...............................................! ■ «#ie ' ?.• I 'V ' L _ \V i^O! V.?F - ' •.. m I « O, J-'/\ C* " • [• - C L " * I W I , ^. • I .-i" iv 1 . ' I' I A *'• A N. — -Ziifil jniasm&. ---------------------- GRAyal DRIVE T S»- ' rv^t STS C h ,j r^r-yj \ •• »/I *1^ . ••• •« A LEGAL DESCRIPTION OF PREMSES: Lots.' 17 and 18, Block 1, Boldur Pork This survey Intends to show the boundaries of the above described property, ond the location o» on existing house, garage, ar>d ol other visible "hardcover" thereon. It does not purport to show any other improvements or encroochments. o ' Denotes iron morker Bearings shown ore based upon on assumed datum Datum: Mean sea level 0-75 FT. ZONE AREA: 16570+- *■. F. > 75 FT. ZONE AREA: 15190+- b. F. 00 fl €00 rf04/S f) A00 0jr 9 # g\ » 99$, 9 i)$t94tm90 99 f. 0 »€WBY COtTrY that Tlti Pum SFCOnCATPH OH { • m • • • B. Oarage «» • * • • • •• • _ . C. Driveway. . ^ .X X X D. Sidewalk X X E. Patio/Dcck X X F. Landsca^'e Underla :: ByPlast.: Or Fabric X X X G. Other X • mm* «•• •TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A + B PROPOSED HARDCOVER IN ZO^fF/ A. House Length X X X 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 0. Other X TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A ■ * B X 100 Width m 8S ts s 1= s S3 S.F. S.F. S.F. S.F. SF. SF. S.F. S.F. S.F. S.F. _________• S.F. S.F. 30.7.0 % S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. SF. S.F. S.F. S.F. S.F.- S.F. S.F. ^ s F. A B xlOO SF. 7. 72 % A B HARDC0VE^jCALCULATIO;> worksheet SETBACK ZONE:. (CIRCLE ONE) 75-250' 2S0-S00' EXISTING hardcover IN ton V A. House V Length WidLh X X X ^ Ovige C. Driveway 0. Sidewalk E.Patio?Deck F. Landscape Underlain By Pluiic Or Fabric G. Other •*nA :.«i .}t i'r X X X X X X X X X S3 83 TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE • A La^L,_ _ .f B PROPOSED HARDCOVER IN ZONE A.. House. . " ... X 100 >• m- >•«»<■ •* Length Width X• • • * « B. Garage C. ' Drivw'ay ^ D. Siidcwtlk E. Patio/Deck F. Landscape Underlain By Plastic Or Fabric X X X X X X X X X S3 B m e G. Other SOO-IOOO' ______ S F. JTfb TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A ^ -r B o X100 1B& % SF. SF. SF S.F. ,S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S F. . A S.F. ‘B % • • • S.F. : S.F. S.F. .S.F. .S.F. S.F. .S.F. S.F. ■ SF. SF. S.F. S.F. SF. S.F. SF. .... S.F. A S.F. B V* • t 13 SETBACK ZONE: (CIRCLE ONE) EXISTING hardcover TN ZONT. A. House i/AyOdfaa / - 2d 9 HARDCOVER CALCULATION WORKSHEET 0-75' X 75-250*250-500'500-1000' Len|0i \ViJ;h X X X B B S.F. SF. S.F. B. Oarage C. ‘“Driveway* •'.7; X X B B S.F. S.F. D. Sidewalk X X S.F. S.F. E. Patio/Deck X X —F; landscape — .. Underlain- By Plastic Or Fabric X X X 0. Other . • ■ " TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A + B PROPOSED HARDCOVER IN ZQNT A. House _______ X Ltninh - ______3_£ach X X X B. Garage C. Driveway 13 X X —D. Sidewalk' E. Patio/Deck X X X X F. Landscape *“ ' Underlain By Plastic Or Fabnc X X X G. Other X total HARDCOVER IN ZONE -----------TOLU PROPERTY AREA IN ZONE A B • • •• • • a ea • S.F. S.F. S.F. S.F. S.F. S.F. Kj xlOO ___________S.F. ________S.F. ir> -Vo B 2J0 9 sf Width / 9 S F. _____S.F. S.F. 9.6 SS8 /Zo S F S.F. /SC SF SF. /Z2 0 S F S.F. SF. S.F. SF. S.F. A f O X 100 tS^ S.F B y Y 13 i^.Ji JAAAw tm nnllN l»■DC ;00 □ □ 00 I3D ^*1 1 1 - IWIilU mHniiiiiiii ' niiiMiiM m 11 z. ■§* PROMT ELEVATION n □ %CMM» IJSi}il|Q:ljjD:S^^(i:!ii FMefiga "J ■■illBltfcll III LEFT ELEVATION §CMm IfT •f-#* RiaMT ELEVATION tCMM» M* • r*«* REAR ELEVATION 9CJLM. vr • r-4^ ss f • / / .! 7-x •• • *- ;'f •• * • ■ •* 1 .:!nEo X tAa T5 2 3 Jii I !l! u i I I ^ '}f • i ./*n j j i!ii I ’>1 ill! MAM HMm AmtA m DCB %QFT, ft FLOOR AMA • l.«} BOFT. i.i !l P2 7\^ t^ U> H ORONO PLANNING COMMISSION MEETING MINUTES FOR MAY 18,1998 - VARIANCE AND(#12) #2370 GARY O’KEEFE, 1392 BALDUR PARK ROAD CONDITIONAL USE PERMIT - 9:42-10:07 P.M. The Certificate of Mailing and Affidavit of Publication were noted. Applicant was present. Gaffron reported this is a request for variances for hardcover as well as a variance and conditional use permit for grading within 5' of a lot line for construction of a new residence to replace the existing home on the property. This is a conforming lot as to lot area, and meets the 80% width standard for the LR-IC zone. Applicant proposes to tear down the house wd garage, and replace it with a house that meets the lakeshore setback and side setbacks. The applicant proposes to lower the top of the hill, and this requires grading within the 0-75' and 75-250' zones. Grading in the site would result in fill from the new basement excavation being placed near the road to accommodate a new attached garage. The applicant proposes a walkout which requires excavation in the 0-75' zone. Gaffron noted that staff recommends approval of a hardcover variance, but because of the loss of mature trees, it is difficult to recommend cutting down the hill. Staff also recommends denial of the excavation to create a walkout based on past City practice and the goals and policies against shoreline topography changes as noted in the Comprehensive Plan. The applicant noted he bought this property with the intent to build a walkout residence. He stated that the neighbors are in favor of cutting down the hill, and this would make a more gradual slope from the lake. Lindquist asked if the hardcover calculations were done by a sur\ eyor. Applicant replied no but he felt they are accurate. Gaffron noted he only included the hardcover items shown on the survey. Hawn asked if this was a bluff. Gaffron replied it did not meet die criteria to be considered as a bluff. Mrs. O’Keefe said there is a hardship, as they need something on the south side of the lot to get to the garage, noting the topography of the site. Lindquist asked for any public comments. There were none. Applicant noted that grading in the 0-75' zone will be necessary to remove the present house, so that excavation to create a walkout would not require much additional work. Gaffron noted that the problem is there will still be a substantial cutting in the 0-75' zone to create a walkout once the present foundation is removed and the site brought back to match existing grades. ORONO PLANNING COMMISSION MEETING MINUTES FOR MAY 18,1998 ^ (#12 - #2370 Gary O’Keefe - Continued) McMUlaii asked if cutting the hill was intended as a means to obtain fill for the back of the site. Applicant replied no it was to make the lot more level with the neighboring properties. Alter additional discussion with applicant and indications by various Commission Members that the proposal could not be recommended for approval without certain revisions. Lindquist moved, Smith seconded, to table Application #2370. Vote: Ayes 5, Nays 0. (#13) #2371 TIM AND LORIE LINE, 4415 FOREST LAKE LANDING - CONDITI^AL USE PERMIT -10:08-10:12 P.M. The Certified of Mailing and Affidavit of Publication were noted. Applicant preset? Van Zomeren report^the applicant is requesting a conditional use permi^ror land alteration in a floodplain to scrape oi^nch of lawn to fill in another area in the yard^^proximately 40 yards would be used to top the iV and 50 cubic yards to be redistributed. St^ns recommending approval subject to applicant installinksilt fencing and obtaining proper appj^al from other agencies. Applicant is doing this project irScompliance with the WatersJi^ District as there is a wetland. Smith asked any for public comment^ None. Hawn moved, McMillan seconded, to recol|^mend ag^oval to grant conditional use permit. Vote: Ayes 5, Nays 0. (#14) #2373 STEVE BECK, 2795 SHAD ROAD - VARIANCE - 10:13-10:30 P.M. The Certificate of Mailing and Affidavit^Publication noted. Applicant present. Van Zomeren reported it is zone/LR-lB, and applicant is asking for a hardcover variance to allow a deck away from the Narrow^hannel. Approximate hardcover of 19.3 % is proposed to build a deck on the west side of tha^sidence. The house is 8 feet from the channel. Staff is recommending to remove hardcover to dwnply. ORONO PLANNING COMMISSION MEETING MINUTES FOR JUNE 15.1998 •(#4 - 023fi3 Christine and Gary Valerius - Continued) wll require a variance for \vetland credit and lot width. Lot 2 consists of 2.28 acres, with 1 .93 acres' being buildab^ Wetlqjids conipri^e a tMal of 1.2 acres for Lots 1 and 2, which will require standard drainage and wetland easements. Council had directed that the new lot could be sewered. An application has been made to the Watershed District for stormwater review. • • Van Zomeren stated the existing access to the site is a private driveway off of Bayside Road. The applicant needs to supply a well location map and a utility construction plan prior to final plat approval. Christine Valerius stated she will be requesting a wetland credit. Valerius stated Hennepin County has approved the driveway access. Stoddard questioned the need for a lot width variance. Van Zomeren stated the combined lots fall five feet short of the required 400 feet for lot width. No additional land is available for acquisition to avoid the need for a variance. Van Zomeren noted onl.v Lot 2 would have lake access. There were no public comments. Lindquist moved. McMillan seconded, to approve Application #2383 for a two lot subdivision of the property located at 3750 Bayside Rond that includes creating one new lot. n lot width variance and wetland credit per Staff recommendations. VOTE: Ayes 6, Nays 0. OLD BUSINESS: CONTINUATION OF PUBLIC HEARINGS (#3) #2370 GARY O’KEEFE, 1392 BALDUR PARK ROAD - VARIANCE AND ^ CONDITIONAL USE PERMIT, 7:52 p.m. - 9:04 p.m. Mr. and Mrs. O'Keefe were present. Gaffron reported that the Planning Commission previously reviewed the application at its May 18, 1998 meeting. The applicant is requesting a hardcover variance as well as a variance and conditional use pcmiit for grading within five feet of a lot line and within the 0*75' lakcshore protected area to permit construction of a new residence to replace the existing residence. Gaffron stated the 0-75' protected area exists on both sides of the lot which might constitute a hardship. At its last meeting the Planning Commission recommended that the Applicant limit the hardcover to 40% in the 75-250 setback, if possible, and to eliminate the walkout. The Applicant has submitted a revised site plan which reverses the layout of the house and eliminates the walkout, with some proposed changes to the driveway to reduce the hardcoN cr. Gaffron stated a hardcover variance, a conditional use permit and variance for e.xcavation arc required. Staff recommended limiting hardcover to 6765 square feet, with the allowable hardcover in the 75-251/zone limited to 25%, Gaffron noted the revised plan calls for 42.8% hardcover. If the 75 foot setback on both ends of :he parcel is taken into account, the proposed hardcover would be around 33%. In order to grant a variance, the Planning Commission must determine whether a hardship exists with regard to the side setbacks. ORONO PLANNING COMMISSION MEETING MINUTES FOR JUNE 15,1998 (#3 - filZlO Gary O'Keefe - Continued) City Staff is fcconunending submittal of a revised grading plan, limiting the hardcover to 6765 square feet q^rall, no ^N-alkou^ and evirating whether grading of the hilt is appropriate in the 0*75' zones. O’Keefe stated he is willing to reduce hardcover by eliminating a portion of the driveway. Chair Smith commented she had hoped the hardcover discrepancy could have been resolved prior to tonight's meeting. O'Keefe stated that he calculated the hardcover at 8,665 square feet based on his own measurements. Gaffron noted that the staff did not calculate the current hardcover but relied upon an e.\isting survey. Gaffron commented he would prefer having the O’Keefe's sur\e\or calculate the amount of hardcover currently existing rather than have City Staff review the property. Gaffron indicated a bigger issue for the Planning Commission to decide upon is what is the appropriate hardcover for this propert)*. O'Keefe inquired why there are differences in hardcover requirements between Wavzata and Orono when tliey share the same lake. McMillan indicated Orono’s ordinances gox eming hardcover are more restrictive. O'Keefe also indicated very little grading w ill be done in the area where the residence is presently situated. It was the concensus of the Planning Commission that a revised grading plan needs to be submitted in order to allow them to make a determination on a variance and conditional use permit. O’Keefe indicated he would be able to supply a revised grading plan by Tluirsday. In response to a question by Chair Smith whether Mr. O’Keefe wx)uld be willing to reduce hardcover in the 75-250’ zones, O’Keefe stated he would be in favor of reducing hardcover, noting that the Planning Commission had recommended hardcover be limited to 40% at its last meeting, which he has attempted to comply with. O’Keefe’s architect has designed the residence with special pavers which would allow water to pass through. Commissioners agreed that grading to blend in with the neighbor’s propcrt\ was acceptable with an approved grading plan. Chair Smith inquired whether anyone from the public willed to comment on this application. Diann Goetten, City Council Representative, inquired why 40% hardcover was being recommended for this property. Gaffron reported that 40% in the 75-250’ zone was suggested as a figure that could be obtainable for this parcel of land. Since the Applicant is now proposing to raze the c.\isting structure, the property would be considered as a new* buildable lot, ' . . and the standard hardcover requirements would be in effect. There was no further public comment. Hawn stated she would like hardcover to be reduced from 40%, noting that no vote was taken on ttmarn ORONO PLANNING COMMISSION MEETING MINUTES FOR JUNE 15,199S (#3 - tf2370 Gary O'Keefe - Continued) the 40% hardcover limit. Berg felt that the hardcover >\-as excessive, and suggested the size of the house reduced, noting that the^pplicant should slay within the height restrictions for that zoning district. O'Keefe noted.that hardcover was excessive because of the drivenay design based on elevations, not because of a large house. Lindquist suggested the desirable amount of hardcover in his view would be 5731 square feet, or 25 percent of the area within the 75 - 250' zone and the south 0 - 75* zone. Chair Smith stated the Applicant has the option of having the Planning Commission vole on the application as currently proposed or tabling the matter to allow the Applicant more time to consider the various options open to him. Smith felt the application as presently submitted would not be recommended for approval, and if denied, there is a mandatory six month wailing period before a new application can be submitted. O'Keefe stated he has attempted to comply with the requests of the Planning Commission. Gaffron stated the current proposal for the hardcover is at 33% if you take the 75* setback areas into consideration. In order to reach the 25% hardcover limit, the Applicant must reduce hardcover by 1900 square feet. O'Keefe asked how remodeling the existing house would affect hardcover percentages. Smith responded that requirements are the same for both remodeling and new construction. O'Keefe requested the Planning Commission table the matter. Smith moved, Lindquist seconded, to table Application #>2370. VOTE: Ayes 7, Nays 0. NEW BUSINESS: PUBLIC HEARINGS (#5) 2361 WILLIAM AND LAWAYNE YAEGER, 310 BIG ISLAND - VARIAI 9:05 - 9:27 p.m. .S, The Certificate of 'ubiication were noted. Mr. and Mu^^ger and their attorney. Win Curtis,;scnt Gaffro^tated the applicants arc requesting a lot arcaA^(l^rianc(nWlfc^^|dosignation of Lot ^fas an independent Record Lot in the RS^^|0^^nd lakcshorc sctbac^i^^ctback and hard^i^cr variances for construcliono^yi^^^^nal cabin to replace a prc-cxistmT cabin, amNivy^gttuglyigiiMi^^^^zcbo. Gaffron noted the City rezoned Big Island from LR*1 A-1 Single Family Lakeshore Residential Subdistrict to RS, Seasonal Recreational, back in 1983. Lots 64-65 and Lots 8-9-10-1 1 were designated as Record Lot 15 by virtue of their common ownership by Ro\' Ahem. ^ aegers have subsequently purchased Lot 64 from Ahem, with Lots 8-9-10-11-65 being owned by Nancy Fames. ORONO PLANNING COMMISSION MEETING MINUTES FOR JULY 20.1998 (Kirk Otteson, continued) Lindquist stallRI iflh^^lpjerty 1$ ov.er tH^ hardcover limit, a reSIHHiftQ should be placed against the property restij^jli^urther hardcover. Hawn noted agreement. Slodda^^ended his motion by adding the stipulation that no addition* hardcover will be allowed on this prd^rty. ShiriX Wickman stated the Planning Commission Is inconsistent in tlw applying of hardcover restriwons and perhaps should consider adopting a blanket policy to tpndle future hardcover requei Stoddar^l^d the Planning Commission and City Council have^ld a Joint meeting to discuss hardcover req^gts, and the concensus was to be more cons^fativb in granting variances to hardcover. Ch ir Smith commented sofflli^r^hip aspects oft^^operty warrant additional discussion and review by the Planning CommissioK^i^^l th^Ji^ning Commission is trying to honor the existing codes on the books and to be as consistem^ji^&ible. Chair Smith said it is the Planning Commission’s intent to put those propert^i^mier^^NiiUge who have exceeded the hardcover limit by restricting additional hardcover. Otteson stated he understj le stipulation. Hawn moved, Lin^l^ist seconded, to add a stipulation to the motion calling for no further hardcover for the property located at 710 North Arm Drive. VOTE ON AMENDMENT AND MOTION: Ayes 6, Nays 0. (#2) 2370 GARY O’KEEFE, 1392 BALDUR PARK ROAD - VARIANCES AND CONDITIONAL USE PERMIT, 6:55 p.m. - 7:13 p.m. Mr. and Mrs. Gary O’Keefe were present. Gaffron reported that the Planning Commission previously reviewed the application at its May 18 and June 15,1998 meetings. The Planning Commission recommended the Applicants limit hardcover to 25 percent^ the combined 75'*250 ’ and south 0-75 ’ zones. The Applicants were also requested to submit a raised grading plan. Gaffron stated the Applicants have submitted a revised plan calling for a total hardcover of 5,725 square feet which meets the Planning Commission's recommendation from the last meeting. The revised plan calls for a newly constructed one-story home with an attached three stall garage, and the Applicants are requesting a variance to the hardcover to add an additional 300 square feet of patio, which would yield final hardcover of 6.025 square feet or 26.3 percent. Minor grading is proposed in the north 0'-75 ’ zone to blend contours from old foundation to new home. The grading plan needs to be further defined If revisions are still planned along the north 0’-75' lot line. The Applicants are also proposing to construct an optional retention pond in the south 0'-75 ’ zone for potential mitigation of additional hardcover. Gaffron commented this new proposal meets the Planning Commission’s recommendations from the prior meeting, and Staff is comfortable with the revised plan. Gaffron noted Resolution No. 2831 adopted back in 1990 granted variances to this property and contained language In the resolution which led the Applicant to conclude that he was entitled to more Page 2 ORONO PLANNING COMMISSION MEETING MINUTES FOR JULY 20,1998 (Gary O'Keefe, continued) vj;-i'i hardcover than what Is being recommended by the Planning Commission. Hardcover back in 1990 without the two zones being combined was at approximately 6.800 square feet. Chair Smith questioned whether Staff had any concerns regarding the drainage for this property. Gaffron remarked Staff is comfortable with what is being proposed. Mike Sharratt, Architect, stated the O'Keefe's have reduced hardcover by eliminating the patio and a portion of the driveway, but would like the Planning Commission to consider allowing a retention pond as mitigation In exchange for additional hardcover. Chair Smith commented the architect has done a marvelous job in bringing the plans into compliance, but stated the size of the house could be reduced to allow for the patio. Chair Smith asked for public comment. Mark Versig, rieighbor, commented he is aware and in favor of what the O'Keefe's are proposing to do, noting that the drainage problems should be alleviated by the proposed grading. Sharratt stated what is currently being proposed is the best plan for this property. Gaffron stated he is in favor of the retention pond but is not convinced it should be used as mitigation for additional hardcover. McMillan stated she would not be in favor of additional hardcover in exchange for the retention pond since it would be setting a dangerous precedent, but felt the retention pond would be an ideal solution to the drainage issue. Lindquist staled he was in favor of the proposed plan with the exclusion of the patio. Stoddard noted the size of the house or the driveway could be reduced to allow for the patio. Sharratt remarked it would not be feasible to reduce the driveway any further. Sharratt commented if the hardcover is limited to 25%. he would not recommend reducing the size of the house to allow for the patio. Chair Smith stated she is in favor of keeping the hardcover at 25 percent, noting the owner will need to decide whether the patio is desired. Hawn stated she also was in favor of limiting the hardcover to 25%. Gaffron commented if the O'Keefe's decide to add a retention pond, that would need to be done under a separate application. Lindquist moved. Smith seconded, to approve Application #2370, granting a conditional use permit for grading within S' of a lot line and within the 0-75' lakeshore protected area to permit construction of a new residence to replace the existing residence for the property located at 1392 Baldur Park Road, with the understanding hardcover will be limited to 25% in the combined 75-250' and south 0-75' zones with no additional hardcover being allowed. Per the request of the O'Keefe's, the patio will be eliminated. VOTE: Ayes 6, Nays 0. Page 3 ! 1 ORONO CITY COUNCIL MEETING MINUTES FOR JULY 27,1998 X •Mil*% •»T (#7) #2370 GARY O’KEEFE, 1392 BALDUR PARK ROAD-VARIANCES- RESOLUTION NO. 4128 Mrs. O’Keefe was present. Gaffron reported that the applicants were requesting a hardcover variance and conditional use permit and variance for grading within 5' of a lot line and within the 0-75' lakeshore setback to construct a new residence. The revised site plans meet the Planning Commission recommendation to maintain 25% hardcover, which is a decrease from 7,258 s.f. to 5,725 s.f. The applicants also proposed a pond but the Planning Commission did not want to tie variance approvals to stormwater management. Gaf&on noted that no decks were proposed for this lakeshore property. The applicants have indicated they are willing to give up decks for living space, although a future owner may seek variances for a deck. Both Planning Commission and staff recommended approval of the proposed plans. Jabbour commented that Council had given Planning Commission direction to limit the number of variances. Goetten indicated that she had been at Uvo Planning Commission meetings, and the current plan was a good compromise for the property. Kelley expressed concern about the mass of buildings on lakeshore properties. He questioned if Council would want to add a condition limiting additional mass, such as a second story, for this residence. Jabbour agreed with Kelley that massing is an issue and Council should continue to monitor lakeshore structures for excessive mass in future applications. Goetten requested stronger wording in the resolution on Page 5, Condition 2. The word "likely” is to be removed indicating that no future increase in hardcover will be approved. Goetten moved, Jabbour seconded, to adopt Resolution No. 4128 granting hardcover variances in the 75-250' zone to permit construction of a new residence, and to permit grading and land alterations within the 0-75' lakeshore protected area. Vote: 5 Ayes, 0 Nays. ORONO CITY COUNCIL MEETING MINUTES FOR AUGUST 10,1998 % \ • • PLANNING COMMISSION COMMENTS - LIZ HAWN, REPRESENTATIVE Commissioner Hawn had no comments. PUBLIC COMMENTS ^ ^ Gary O'Keefe, 1392 Baldur Park Road, requested an amendment to his building plan that was approved at the July 27 Council meeting to include a patio. He proposed to reduce the 3 car garage to a 2 car garage, with a full storage area beneath the garage, to allow for the addition of a patio. Oaf&on commented that the revised plan seemed to meet the intent of the previous resolution. He further explained that hardcover would be reduced to allow for a patio by reducing the size of the driveway and some rooms in the house, as well as the elimination of a garage stall. Goetten expressed concern about the proposed lower level storage area. Gaf&on responded that no hard surface was proposed in front of the storage area. It would be accessed by a side service door and would be used for storage of lawn mowers, snowmobiles, etc. Kelley requested that the resolution include language stating that no future drive to the lower level storage area would be allowed, as well as no increase in hardcover. Gaffron agreed to amend the resolution approved at the July 27 meeting, and place the amended resolution on the August 24,1998 Council agenda for final Council approval. Jabbour moved, Kelley seconded, to reconsider Application #2370 for Gary O'Keefe for the property located at 1392 Baldur Park Road. Vote: Ayes 4, Nays 0. Jabbour moved, Kelley seconded, to amend Resolution No. 4128 to include the following: Elimination of the third garage stall. Patio to be allowed. - No drive will be allowed to the lower level storage area. No future variances will be granted. Upper level garage will be limited to two stalls. - Lower level storage area will be for cold storage only. - The revised proposal meets the intent of the original resolution. Vote: Ayes 4, Nays 0. 1 i CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 14 3 A RESOLUTION TO AMEND RESOLUTION NO. 4128 GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISIONS 1 AND 2; SECTION 10.55, SUBDIVISION 8; AND SECTION 10.56, SUBDIVISIONS 16(J) AND 16(L) AND GRANTING A CONDITIONAL USE PERiVUT PER SECTION 10.03 SUBDIVISION 19 - FILE #2370 WHEREAS, Gary O'Keefe (hereinafter "the applicant") is owner of the property located at 1392 Baldur Park Road w*‘thin the City of Orono (hereinafter "City") and legally described as follows: Lots 17 and 18, Block 1, Baldur Park, Hennepin County, Minnesota (hereinafter "the property"); i.nd WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Sections 10.7.2, Subdivisions 1 and 2; 10.55, Subdivision 8; and 10.56, Subdivision 16(J) and 16(L) to permit the construction of a new residence constituting hardcover in the 75-250' zone in excess of the 25% hardcover normally allowed in that zone, and to permit grading and land alterations within the 0-75* lakeshore protected area where such work is normally prohibited. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #2370. 2. The property is 0.71 acres in area and is located in the LR-IC Single Family Lakeshore Residential Zoning District. Page 1 of 6 1 »\ CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO.4 1 4 4. 5. 6. The Orono Planning Commission reviewed this application on May 18, June 15 and July 20, 1998 and on a vote of 6-0 recommended approval of a hardcover variance to allow hardcover on the property in the amount of 5,725 s.f. per the revised plans, and approval of a CUP for grading within the 0-75' lakeshore protected zones, based upon findings which are enumerated in Resolution No. 4128 dated July 27, 1998. On July 27, 1998 the City Council granted approval of the proposed variances and adopted Resolution No. 4128 with conditions. On August 10, 1998 the applicant requested Council approval for a revised plan which would reduce the hardcover associated with the house and driveway footprints in order to allow the addition of a patio while .lOt exceeding the 5,725 s.f hardcover level. The further revised plan eliminates the third upper level garage stall and reduces the area of driveway to free up additional hardcover for the patio. A lower level storage area will be incorporated below the garage, but will not be served by a driveway or other hardcover. The Council voted 4-0 to reconsider the application and voted 4-0 to allow the further revision as proposed subject to still meeting the 5,725 s.f. hardcover limit; that no driveway will be allowed to serve the lower storage area; and that no future variances are to be granted for this property. Council directed that staff bring a new resolution to the next Council meeting for adoption. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance and CUP on the health, safety and welfare of the community. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; w'ould not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preser\’e a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. Page 2 of 6 • ^ - CITYofORONO ^ t • •i'l' RESOLUTION OF THE CITY COUNCIL NO. ^ ^ ~ ^ 7.The City Council finds that granting a conditional use permit for the proposed grading in the 0-75' lakeshore setback zones as proposed will not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring property, nor will such use depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS ' I ' Based upon the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Sections 10.22, Subdivisions 1 and 2; 10.55, Subdivision 8; and 10.56, Subdivisions 16(J) and 16(L) to permit the construction of a new residence and amenities constituting hardcover on the property of 5,725 s.f. per the approved revised site and hardcover plan attached to this Resolution as Exhibit A, and further grants a Conditional Use Permit for land alterations within the 0-75' lakeshore protected zones and within 5' of a lot line per the approved grading plan and site plan attached to this resolution as Exhibit B, subject to the following conditions: 1.No hardcover will be allowed in the northerly 0-75' zone. The only hardcover allowed in the 0-75' zone will be the portion of driveway as shown on the approved site plans. Hardcover in the southerly 0-75' and 75-250' zones shall not exceed the square footages per the site plan and hardcover worksheet attached to this resolution as Exhibit A, and shall not in any case exceed 5,725 s.f. in total. 2.Applicant is advised that hardcover on the property based on this approval will exceed the normal limits, and any future proposal to increase hardcover on the property will not be approved. It is the intent of the City Council that the level of hardcover approved with this resolution not be exceeded in the future, and that no additional hardcover variances will be granted in the future. Page 3 of 6 CITY of ORONO •. it' RESOLUTION OF THE CITY COUNCIL NO. 4 \ 9. 3. 4. 5. 6. 7. 8. The revised plan which eliminates a third garage stall at the upper level, incorporates a storage garage below the remaining two stalls, and reduces the footprint of the house in order to allow construction of a patio, is approved subject to a condition that no hardsurface or driveway may be installed to the lower storage area. Any significant changes to the approved house footprint, to the approved grading plan, or other changes which result in a plan that City staff deems to be potentially in conflict with the intent of this approval, shall be subject to further Council review. Site grading within the northerly 0-75' zone with the intent to create a walkout situation shall not be allowed. Erosion protection as may be required by the Building Inspector shall be maintained at all times. Authorities granted by this variance run with the property not with the applicants, but are permissive only and must be exercised by obtaining a building permit within one year of the date of Council approval, or this variance will expire on that date (August 24, 1999). Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Page 4 of 6 ti: CITYofORONO ti .. ir resolution of the city council NO. 4 14 ____ Adopted by the Orono City Council on the 24th day of August, 1998. ATTEST: Linda S. Vee, City Clerk Property 0\vner(s) STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. The foregoing instrument was acknowledged before me on this 24th day of August, 1998, by Gabriel Jabbour & Linda S. Vee, Mayor & City Clerk of the City of Orono, a Miimesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 5 of 6 (fo O ^ A^.(3" CITYofORONO a^fEsHO:S U' RESOLUTION OF THE CITY COUNCIL NO. — 4 14 S ' STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this ______day of Ch fohes- 1998 before me a Notary Public within and for said county, personally appeared ir>r\ H. known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he(they) executed the same as his (their) free act and deed. |r WTAfl HENNEPIN COUNTY Jan. 31. TWi K NOTARY PUBLIC STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of ^ 1998 before me a Notary Public wnthin and for said county, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he(they) executed the same as his (their) free act and deed. NOTARY PUBLIC Page 6 of 6 I. |! ' > ti .% •• ••• X approved HARDCOVER: 0-75* North; NONE 75-250* & 0-75* South (Are* - 22,900 lO: House * I ' \ I 7. f riuuM Atuched 2-sttU Catat* Stoop, walks *nd pall* 1^, Driveway 680sf . It 360tr I 7145 if 5.725if ■,. 5.725/22.900 - 25% \ Ij Not CO ■4il Si a feS f\ JS!». ■ ll_'.V* ifc: •' / / ■ a .• \ I ••C ^ U<^ 1>^*- *• - — • • v; f/ 1 •• •• • • • uAo^e i»A«»Hr YAM? T'x / I W*>«»JAe;«. I^YM PUCB6, X •ij '' I J ..*Vh 7 ..V < jjf \ifl *X . ; ft I It JO A / —t< y \ I • 0 — I \ m f / % / _/—... ...—■ ... • J • •{^'O t>.^:..|..._4^.V « HvtA is«. /'^ir*^ v/i/^ * ‘ 7/wexl, 0?5.rfe»rr/ * c\ iRtV. <=*»< .1 cc- 4o k. ._ VsL^fr.U UkjLse.dt J^!L.?.i.*-=^-_______-----------------------------------------------ZiS»c^ .'.f?7/ro frtt^. •% i 1 TO; FROM: DATE; Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator Liz.Van Zomeren, City Pljtmer/Zoning Administrator ^ ** - ^4*1 .1 February 9,1999 SUBJECT: #2460 Cliff Otten/Kristin Jacques 3800 Wayzata Blvd. Conditional Use-Public Hearing Zoning District: RR«1 A Lot Size: 1.64 acres One Family Rural Residential District (5 acres) Exhibits: A Application •■ • A1 Applicant's letter B1 Plat map B2 Property Owner’s list C Floor Plan D Site Plan E Resolution #3267 F Permit Record Application:The applicant is requesting a conditional use permit to operate a day care center for 45 children in a building that was previously approved for 60 children and 10 day care providers. The previous day care center ceased operation in October 1997 and a new conditional use permit is required. Pertinent Ordinances • RR-1 A District Standards, Section 10.27 • Conditional Use, Section 10.09 ^2460 Otten/Jacques 3800 Wayzata Blvd. PC^02/I6/99 page-l ANALYSIS Day care facilities are allowed in rural lesidential districts as a conditional use. Day care facilities are licensed by t^ . Minnesota Departme^^ of Human Services (DHS). The zoning application addresses how the facility'will o^rale as a land use and the DHS licensing addresses the staffing levels and care of the children in the facility. The issues to be addressed in the conditional use permit application are access, parking, landscaping, signage, and hours of operation. The conditional use permit may also limit the number of persons using the facility to correlate with the size of the septic system and control the offisite impact on adjacent residential properties and traffic. It is anticipated that this building will be removed when construction begins on Hwy. 12. \ , /VS.CCSS The subject property ^ a driveway and curb cut on Hwy. 6. No access is available from Hwy. 12. Parking • , • • The site plan indicates that there are 18 parking spaces with 1 designated as a handicapped accessible space. There are also 2 parking spaces available in the garage. The Zoning Code requires that 4 parking spaces be provided for each 500 sq. ft. in excess of' ,00 sq. ft. of floor space in the principal structure. The structure measures SO' x 63' (3,150 sq. ft.) according to building plans on file. The parking requirement for the size of the facility is 17.2 spaces. The site plan meets the required parking requirement. The national Paiidng Consultants Council recommends 1 parking space per employee ^d .1 space per person of licensed capacity enrollment and drop-off spaces equal to Gnc for each eight enrollees. This would result in X + .1(45) + (45)/8= 10 spaces + 1 per staff person. If 7 oi fewer staff people are on-«.‘ic one time, then the site would meet this requirement. % Land5C.-^Ir.:£ The previous day care facility was required to have a fence around the play area and trees along the fencing on Hwy. 12. Signage The lot may have an identification sign that shall not exceed 12 sq. ft. in area per surface. The sing U2460 Otten/Jacques 3800 Wayzata BhcL PC-02/16/99 paz9-2 cannot be located on public right-of-way and shall not exceed 8' in height above the average grade level. The sign may be illuminated by flood lights if the direct source of light is not visible from the public right-of-way or adjacent residential areas. Hours of Operation «.i .. il' The applicant has not indicated the hours of operation. The Planning Commission shall request that the applicant identify the specific time period in which the facility will operate. Staff Recommendation To approve the conditional use permit subject to the following conditions: 1. The number of enrollees shall be limited to a maximum of 45 persons at one time. The number of staff allowed shall correlate to the number required by DHS for the age and number of enrollees. 2. The applicant shall provide the hours of operation for inclusion in the resolution. • I • • 3. The applicant is to obtain a license from DHS. • • M2460 Otten/Jacques 3800 IVayzata Blvd PC-02/I6/99 page-3 Aiatfea.it .ikalAf • • A Application # ^ Mlp Q Date Received" aAA*? Amount Paid ^ 2 ro ~ •«n,n- CITY OF ORONO I'l' - GENERAL LAND USE APPLICATION PROPERTY LOCATI Site Address Type of Application to be Filed Property Identification Number fP.i.D.) 2,^-11g-I?.3 3 ^ OOP 9 VoJl d~ ~ eWee APPLICANT Name ^nM.'T) (jj Phone (home) Address /9\(hi (/}. 0\VNER (if different than applicant) Name_ G\;V^ Phone (work) Address imia> Hnn/iAgnnPi/t]- Phone (home). Phone (work) Zip sVJiQ? CitvlPfVl Uba HH P . • • • Date Property Acquired___________________________________ I (do) (do not) also own the adjacent parcels of land. 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/Gucit 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 ____ Grad'mg, seawall, retaining walls within 75' of lakeshore _____PRD/PID - see Fee Schedule _____$150.00 Renewal Fee (no change from original application) _____Afler-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 Amenviment _____$100.00 Appeals Othi »■ - see Fee Schedule Zip __(month/year) RE -1^ f % fi “V; ; .-1 C ;. ‘ E 4. 5. 6. 7. 8. 9. D SUBMITTALS Completed Application Fonn. Describe request in detail/ )( Certified Property Owners List of owners within 350', labels and plat map ^ou must obtain tl^ list, labels and map fi^om Hennepin County Department of Finance, A-603, Government Center, 348-3271). Certil^cate of Survey'(si^edoy a licensed surveyor) - refer to handout for survey information. Attach legal description to application if not included on required survey. Topographic survey (existing and proposed contours) if land alterations involve changes in elevation ^ades). 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). Construction plan, if applicable (see staff for requirements). As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. YOU ARE REQUIRED TO SUPPLY 30 COPIES OF LARGE DOCUMENTS OR COPY FOR REPRODUCTION (11" X 17" OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. (Staff will require to scale drawings of all documents, plans, etc. to be submitted.),.. F • The Applicant and Property Owner rmu|| sign this application. Please remember that your application is not complete if the above information has not been included. Certification by Clerical Department that Land Use Application is complete. Initials of Clerical Staff: APPLICANT’S SIGNATURE The applicant hereby agrees to piovide all information required or requested by the Zoning Administrator, agrees to pay additional fe^ (staff time not covered by^bri^nal fee payment) and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct of his/her knowledge. Applicant's signa Pate 99 OWNER'S SIGNA' The owner hereby acknowledges and agrees to this application and further authorized reasonable entry onto the property by City staff, consultants, agents, commission members, and Council members for purposes of investigation and verification of this request. Owner's signature Date Applicant must have all submittals into the City offices 2S days before the Planning Commission Meeting. Planning Commission Meetings are held on the t^d Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant iii unable to attend a scheduled meeting, please make arrangements to have, an authorized agent attend in your place and advise the Building & Zoning Office of this change prior to the meeting. Little Acorns 1865 W. Wayzata Boulevard, Long Lake, MN 55356 (612) 475-0828 February 3,1999 City ofOrono 2750 Kellev Parkvvay Orono, MN 55336 Ladies and Gentlemen; This letter is to inform you of our intentions to use the vacant building at 3800 W. Wa>'zata Bivd. as a childcare/preschool. The building was previously a preschool, so it is set up to our qrecifications. There will be only minor aesthetic work. We have applied for a license with the Department of Human ^rvices; we plan to be licensed for 45 childrcA. We plan to have 12 employees, working different shifts. We intend to leave the parking lot as it is. The front spaces will be used as drop off/pick up parking, as well as a fire lane. We will be using the fenced in space in the back of the building as a playground. 1 hope this letter provides you will all the information you need. Please contact me at 473-0828 if you have any further questions. Sincerely. istin E. Jacques. Owner a i (TS, (Ts. \ N ^•-rrrTT' \ N />*>-• (f7:-x-: V:-:v::* V. \ K \ 8 i V ^•w jdS# 3: "// ^ ^ 630.45 -^006^ S •.IV 12 tn «M >I 8 3-3^ 313.7 5?2.3 510.7 NtS*35'C6'w 2*T31 ?i -76 yyvXwK:;:-:;:^^^ ^ ^ ^ •*##*#*••••• • » * ■ • ^ # » •«••#• •>•:•: v:*:<-:-xo-x-vXiX%o->:>:v-;v>^^ ■.nx-.v;-:'.-;-;'.:^^.-.' • ••••••a ;-x-;-:-:-;-:'X<>X'X*>v>x-:-i«ix^-:';-:«5' ^ ?? • • % • • • •% % » • a • IT • » • ••%••• • • • • f V'' «5>v i?3i.3 1325. \ \ \ V \ ■\ VCI'l ra 'x4n %% \ \ N \ \% I »' ’.:'i*),*•. 'itailrsvv '*' -V - -' .4 }.r> ^ *%. \ \ \ \ \ RUN DATE 02/02/99 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY ONNERS LIST REPORT NO. PMS54U PAGE 16 BATCH 507 f,' PROP ADOR OWNER NAME TAXPAYER NAME/AOOR 38 29-110-23 32 0006 00038 ADDRESS UNASS16NED NENN COUNTY PK RESERVE DIST HENN COUNTY PK RESERVE DIST 38 29-118-23 33 0008 00038 ADDRESS UNASSIQNED BURLINGTON NORTHERN RY BURLINGTON NORTHERN RY 38 29-118-23 33 0009 0t^960 SIXTH AVE N NORTHERN STATES POWER CO NSP PROPERTY TAX DEPT 416 NICOLLET HALL MPLS MN 55401 * PROP ADDR OWNER NAME TAXPAYER NANE/ADDR 38 29-118-23 34 0006 03660 SIXTH AVE N PARK GUN CLUB INC PARK GUN CLUB C/0 RUBY GESCHWIND 4939 VERA CRUZ AVE MPLS MN 55429 38 29-118-23 34 0008 03740 WAYZATA BLVD W CLIFFORD L OTTEN CLIFFORD L OTTEN P 0 BOX 249 LONG LAKE MN 55356 38 29-118-23 34 0009 03800 WAYZATA BLVD W OTTEN MANAGEMENT OTTEN MANAGEMENT BOX 249 LONG LAKE MN 55356 PROP ADOR OWNER NAME TAXPAYER NAME/ADDR 38 32-118-23 21 0003 00038 ADDRESS UNASSIGNED S A CIRSPINSKI ETAL ^ CLIFFORD L OTTEN P 0 BOX 249 LONG LAKE HN 55356 38 32-118-23 21 0006 00038 ADDRESS UNASSIGNED BURLINGTON NORTHERN RY BURLINGTON NORTHERN RY 38 32-118-23 21 0009 00038 ADDRESS PENDING . STEPHEN DAVIS TOWLE STEPHEN DAVIS TOWLE 5115 PINNACLE DR OLDSNAR FL 34677 PROP ADOR OWNER NAME TAXPAYER NAME/ADDR 38 32-118-23 22 0002 03825 SIXTH AVE N MICHAEL A ALEXANDER MICHAEL A ALEXANDER 3825 6TH AVEN LONG LAKE HN 55356 38 32-118-23 22 0003 03825 SIXTH AVE N MICHAEL A ALEXANDER MICHAEL A ALEXANDER 3825 6TH AVE N LONG LAKE MN 55356 TOTAL BATCH 507 00011 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORNATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTNENT OF PROPERTY TAXATION, TO THE REST OF NY KNOWLEDGE AND BELIEF. DATE l»rl‘ L #f -ti 9 rr* • ,' . ‘ •■.'. :•, ►;-s» i» » • * • ' y M I o 60738.97 CITY of ORONO RESOLUTION COUNCIL <. •« •.i'i; A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.28, SUBDIVISION 3 (A) FILE #1795 WHEREAS, LuAnn Walters of Open Anns Day School, (hereinafter "the appUcant") has appUed to the City for a day care at the property owned by Clifford L. Otten located at 3800 Wayzata Boulevard within the City of Orono (hereinafter "City") and legally described as:• • Those parts of Lots 11. 12. and 13, "MINNETONKA GARDEN ACRES", according to the recorded plat thereof, lying southerly of the centerline of Hennepin County State Aid Highway No. 6 Plat 5. as delineated in Book 70, Page 3844152 of Hennepin County Records. Also the north 1/2 of adjoining old County Road No. 6 now vacated, Hennepin County, Minnesota (hereinafter "property"); and WHEREAS, the applicant has applied to the City of Orono per Section 10.28, Subdivision 3(A) for a conditional use permit to permit a day care use consisting of child care ser\’ices for pre-school and school age children. The conditional use shall limit total users of facility to 70. The conditional use permit shall limit the number of students to be enrolled at 60 and employees of day care at 10. Minnesota: 1. 2. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS This application was reviewed as Zoning File #1795. The property is located in the RR-IB Rural Residential Zoning District requiring 2 acres in area. The property consists of 1.64 acres. TRANSFER ENTERED OEPT. OF PMPESIY TAX IPUSLIC RECORDS APR SO 1993 Page 1 of 8 CITY of ORONO RESOLUnON OF THE CITY COUNCIL O O NO._______ H .. V' 3. i* ••• • On January 19,1993, the Orono Planning Commission reviewed the application as proposed and recommended unanimous approval based on the following fmdings: • • A) The property located outside of the shoreland overlay district and not subject to hardcover controls contains 15,055 s.f. or 21% hardcover. The proposed use will have no impact on adjacent residential properties based on the higher elevations to the east. 4;’ On February 8,1993 and March 22, 1993 the Orono City Council reviewed the application as amended per site plan attached to this resolution as page 7 and recommended unanimous approval based on the following fmdings: Findings related to safety issue: A) The outdoor play area adjacent to Highway 12 has been realigned to meet street setback of day care facility. An additional 1,800 s.f. of fenced outdoor play area h^ been provided to the east in the higher elevations. B) The steep earthen bank to east side of play area provides a natural physical barrier for cars driving west on HigWay 12. The applicant shall install a 6* high cedar post privacy fence along south and east side of outdoor play area. The fencing shall be installed with underground supports every 8* and 6’ + Colorado Spruce trees shall be planted adjacent to fencing along Highway 12 right-of-way. Cyclone fencing to rear of outdoor play area shall be provided with an exit door/gate for emergency use. The Minnesota Department of Transportation shall be asked to review the area to determine if guard rails can be installed adjacent to day care structure outdoor play area and parking area. Page 2 of 8 >» « . . i'l' CITY of ORONO RESOLimON ^ CITY COUNCIL F) The speed limit at the entrance/exist of the facility is 20 miles per hour. The recommended speed for the curve to the east shall be reduced to 45 miles per hour. Findings related to recommended level of student/teacher use: \ \ » % » I* * •» •• A) A sprinkler system shall be installed. B) The existing septic system can serve up to 38 students/teachers now that food preparation has been eliminated from program. Increases in student/teacher enrollment shall be restricted and dependent on state licensing requirements and future septic capabilities. 5 ^ 'The City Council finds that granting a conditional use permit to allow a day care use at this property will not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor will its use depreciate surrounding property values and that the proposed level of use of the property wUl be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. 6. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by staff and comments of the applicant and the affect of the proposed use on the health, safety, and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above fmdings, the Orono City Council hereby grants a conditional use permit per Municipal Zoning Code Section 10.28, Subdivision 3(A) to permit a day care use at the existing structure located at 3800 Wayzaia Boulevard for the Open Arms Day School facility, subject to the following conditions: 1. At the time both student and instructor use exceeds 29 an approved sprinkler system must be installed. A new well to be installed at the time of the installation of the sprinkler system must be placed to the west side of property in order to Page 3 of 8 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2. . * 3. 4. 5. 6. 7. 8. 9. 10. preserve future drainfield sites to the east. A new auxiliary septic system must be installed at the time the day care student- instructor use exceeds 38. A meter shall be installed to meter all effluent entering septic systems. Upon application for a building permit, applicant must provide confirmation that State licensing requirements have been met and that a license is pending. All construction shall be subject to the standards of the State Fire Code and Uniform Building Code. All plans submitted with the building permit application must be drawn by a licensed architect. The State Fire Marshall shall approve plans to insure fire extinguisher, exiting signs, alarm systems and fire drill procedures meet the necessary guidelines. Curb cut to property shall be installed per Engineer ’s sketch attached to this resolution as page 8 of this resolution. Applicant/owner shall provide an executed Developer ’s Agreement and Letter of Credit to insure all required improvements are installed to City ’s satisfaction. Authorities granted by this resolution run with the property not with the applicant and are permissive only and must be exercised by application for a building permit within one year of the date of Council approval or this conditional use permit will expire on that date (April 12, 1994). Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the Zoning Code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. The undersigned applicant and authorized agent of Open Arms Child Care and owner of the property have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Page 4 of 8 sooted . •• CITY of ORONO RESOLUTION OF THE CrTY COUNCIL HO.JULjLj:_____ Adopted by the Orono City Council on this 12th day of April, 1993 •• • k ATI^T;: • • ; •fV'V ••• '• • c. ‘ >i;^poro±y M( Hp|Uii, City Clerk •V.' Edwwd J.^C^ahan, Jr. • May^t^ Authorized Asent of Open Arms Day School STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 12th day of April, 1993, by Edward J. Callahan, Jr., Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. jj j 111 f ri.................. CAROLE A. HASEMAN NOTAKV nALC-WNNCSOTA HENNEPIN COUNTY !jY ccuuesoN svm:} &■»« Notary Public My Commission Expires Page 5 of 8 NaS0BS»«>t* ■UiMi CITY of ORONO RESOLUTION OF THE CITY COL^NCIL NO. _________ *4 «i STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEFli>i ) On this day of ‘ Public within and for said coun^, personal^ appeared C^tu-K^ known to me to be the oA^on(s) described u day of fL-vCPuJC , 199 ^ before me a Notaiy yrtcJLfrAjjjJl . known to me to be the p^son(s) described m and who executed the foregoin g instnirngnt, and acknowledged that he (they) executed the same as his (their) free act and deed. 9 .. •II •• &g2agga JAMIE LBOSMA MIMYPUaUMyilNNESOTA HENNEPIM COUNTY MyComflL€9M tM9>97 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On thi. day of O.^aU . ------. 1 ^iKfore me a Notary Public within and for said county, personmly appeared^/ LUoLtuu LLQj’k&\ ^e/V. r.^....nZ.7v,.,Sel.l known to me to be'ihk personfs) described in and whtftxecuted me fOTe^ing and acknowledged that he (they) executed the same as his (their) free act and deed. . ^ >t>t JA.ViELBCSf.U hotary PUBUC-MlNhESOTA H0»I£P»N COUNTY MyComm.Ww12-lM7 .u I NESOTA I (TY I MM7 1 >l4<— NOTiJdlY PUBUC Page 6 of 8 PERMIT RECORD SS'CO A Permit No.Date -. //-'/<A~Xr- Tvpe of Permit 3.^7 ---//-/‘/“vftT'f^/u.ntbMQ /o-:7~C,o ..Li'i/. a/rs rf- uea.^^kx // '/d- AV'ly^ a cz:k^rcL^jz^ 4/m //-■7-Xo J/ '3l -RO J^O^^O jUj >S/ ■ ■ ^ ^4nrR t/-.r-R3{^2^^ ^Uj “ .............. /M^cJ^niOaS^. (ofp^^ __S'-//-93 cJeljz^ (o(oin P/u.M n-L-9^Aaj^AifaJ/Ze/fmLh 33cic^- 9,-n-^^/lL<yr\-<r> 9-/;^-8S ^xjibnr-) _ lo^O°i -u-y? ^osT,(n-IS-^l PM^ : /'75'?3-a.^-p (It'U^LyCyfjC. /7^7 ^-c^9'V7 ‘f-n' VI Co.^^ /-/<?. *V-/^- 2> os"Z>Vc V-/^ 'Pji d ^ 1‘Jo \•i■ -557 V “TX-ec-/— (nS3 /Jp^i^jLu^ yii^ I / \ LMour * I \ Pd<4 I «F B 1 V twv • <0 t« \OC:(«b«^ 1446 \ pr«f»r«i P. uiceM \ • »«66 « »•|||l _V--, m ;TACX4I|II s»P H w w ikiil r i^Xi • iiSZmSm mm 5 — ^ '—•'■t-V Sf:-f:5£*" y:%. (flMP/E2 ItLl sCi’Ji!k <? . ^ ■I J ! § ^ Am.V 4 ■jy is i \ / SEPTIC SYSTEM IK Addr: 3800 Wayzata Blvd. Building Type: «e.sideiice Permit No: 6670 System Type: mound PID: 29-118-23 34 0002 650 # Systems/units:, #. B?fl/GPD: Date of Pternat: 4/29/82 Installer: Patnode Bros. 1/1 SYSTEM CONDITION Conformity: 1 Failure Pot: low Tank Condition: Appliances: DF condition: 11 SEPTIC TANKS Material: precast concrete Setback to Bldg: 10 Capacity: 1000, 1000, 500 DRAINFIELD Length of Lines: 160 No. Lines: 3 Trench Width: 10 Treatment Area: 80*40 Type of Filter: rock,clean sand Tile Size: ,1.5 Under Tile: 9 Perc Rate mn/in: 40 Setback DF-Bldg: 30 DF Ht gibove WT: 3 Soil Type: sandy clay loam Limitations: water table WELL DATA Setbacks - Well-Tanks: 100 Well-DF: 75 Report in File?: y Pump Type: subm. Depth: 139 Diameter: 4 Method: drilled INSPECTION RECORD Date 5/21/80 DF cut off during road construction 6/8/82 replacement installation 9/10/86 no surfacing-cut trees on mound 8/30/90 no surfacing-cut trees,pump tanks 7/9/91 no surfacing-cut trees,pump tanks 9/3/93 no surfacing-cut trees,pump tanks 10/2/96 no surfacing-cut more trees,pump tanks Compliance 1 1 1 1 . 1 1 1 PUMPOUT RECORD Date Gallons \ 3^)0 Aiyzjci-la Slid» V \ • % \ \ I, •. \ \I \\ \ \ \ \ \ \ \ 4 .Of 00 ll'D _ _ / E> 61'0 IZ'O "mi II I I j \ t \ TO: Chair Smith and Orono Planning Commissioners Ron Moorse, City Administrator FROM: Liz Van Zomeren, City Planner/Zoning Administrator DATE:February 10,1999 RE:#2456 Bohland Development,having an interest in 1025 Brown Road South (PID# 10-117-23-24-0001) Exhibits:A A3 B C D E F G H I J K Application Owners names Applicant's letter Section Map Zoning Map Legal Description 1st proposal—access off of Willow Drive 1st proposal-septic sites tax info for exception King Street City Engineer's memo 2nd proposal Zoning District: RR-IB One Family Rural Residential District (2 acres) Comprehensive Plan:Rural Residential Lot Area:43.6 acres total: 20.5 dry acres, 23.1 wet acres M2^56 Bohland Development Sketch Plan Brown Rd. S. and Willow Drive S, PC^-2/16/99 page-1 Proposed Lot: The applicant is proposing to subdivide 43.6 acres into 7 new zoning lots as follows: Lot Number Total Acreage 20.7 8.7 4.9 2.3 2.0 2.0 2.0 Dry Acres 5.7 3.4 2.0 1.8 2.0 2.0 2.0 RR'IB Standards Lot Area Lot Width Front Yard Rear Yard Side Yard Side Adjacent to Street 2 acres 200'50'50'30’50' Lots 1,3,5,6, and 7 meet the minimum lot area requirements. Lot 2 may be considered a through lot because it would have the possibility of access from both the cul-de-sac and Willow Drive South. Lot 4 has 2.3 acres total and 1.8 acres dry. It would require a lot area variance. This lot could also gain an additional 10,000 sq. ft. of total area if the City allowed the applicant to include the 50’ x 200' exception area next to Brown Road South in the lot. This "exception" is a tax-forfeited parcel of land that is all wetland. Access Lot 1, the most northerly lot, is proposed to have access from "King Street". The applicant has stated in his letter that he would grade the southern portion of King Street for a driveway. Access for Lot 2 would be provided by an outlot from a cul-de-sac. Lot 2 could . so have access from Willow #2456 Bohlond Development Sketch Plan Brown Rd. S. and Willow Drive S. PC-2/16/99 page-2 Drive, however, it is not recommended because of topography, sight lines and because of the lot configuration and the proposed location of the residence. Lots 3-7 would have access on a private road with a cul-de-sac from Brown Road South. Septic Systems The proposed plan shows a primary and secondary septic site for each proposed lot. The septic report should be submitted and reviewed by the On-Site Septic Systems Manager. Park Dedication Fee At the time of preliminar}’ plat, the application would be referred to thw Hennepin County Assessor and the Park Commission for review to determine if land or cash in lieu of land is preferred. Flowage and Conservation Easements The City will require flowage and conservation easements over the wetlands. Drainage and Utility Easements The City will require drainage and utility easements along the lot lines. Private Road The City will require easements over the private road and it shall be constructed to conform with City standards. Stormwater Management The applicant has had preliminary discussions with the Minnehaha Creek Watershed District. The City Engineer was sent the fust proposal to review. He indicated that ponding would be necessary. The City Engineer and Watershed District need to review the second proposal and determine how stormwater will be addressed. ^2456 Bohland Development Sketch Plan Brown Rd S. and Willow Drive S. PC-2/16/99 page~3 STAFF RECOMMENDATION The Planning Commission should discuss the following: 1. Proposed access for Lot 1 via King Street. 2. Lot 2 access and status as through lot. 3.Lot 4 lot area at 1.8 acres. 4. Tax-forfeited "exception" parcel. The Planning Commission shall study the sketch plan and take into consideration the location, arrangement, lot size, and the further development of adjoining lots. The Planning Commission shall ad^dse in a general manner the subdivider of the changes or additions, if any, which will be required in the layout, and the character and extent of improvements and dedications which will be required. H2456 Bohland Development Sketch Plan Brown Rd S. and Willow Drive S. PC-2/16/99 page-4 /='//< A/(V»HA Application # ^ Date Received " f/i*i Amount Paid ^2^0 A CITY OF ORONO - SUBDIVISION APPLICATION ske hc^ PI PROPERTY LOCATION Site address A<IA^cr:>^ -» Property Identification Number (PID) I g>Tdu>^/vlg<^»S . Picase check one - Property )C abstract or Attach legal description to application. APPLICANT Name X/vr Address Ci^- _________ City____Plx^mg-A-t-v ___________________ torrens? 10ti70007 ic 117 ^coi to 117 oco| Zip____ Phone (home) *41L Phone (work) OWNER (if different than applicant) Name Qc*^. eV^ccW^cC • Address City__Zip Phone (home) Phone (work) (attach list if more than one) EXISTING LAND USE Number of Tax Parcels 3 Development Size ^ Present use (check) Acres Dry Land A. es Wet Land <vn ^ Acres Total, alt parcels f^lre^ '5'S Residential; no. of units ----^ ^ Other (specify) — Present Zoning District PROPOSAL _____ Division for Tax Purposes _____ Lot Line Rearrangement Only (no new buildling sites) )C Subdivision for New Building Sites O____Existing Units (q____New Units 63 Total Units Number of Building Sites Proposed Gross Density Minimum Lot Size Proposed Use (check. / ^ C • Units per 7.*^V Acres cuer^t^-t Sq. Ft. Dry Buitdable Land y Residential :• — Other (specify) MINIMUM MATERIAL REQUIRED FOR COMPLETE PRELIMINARY APPLICATION 1. Payment of fees (refer to'appltcation fees'* listed below. . . 2. Completed application form. 3. Preliminary plat information on Certificate of Survey. ‘ 4. Certified Property Owners List of owners within 350* (you must obtain this list from Hennepin County Department of Finance A*603 ' Govt Center 348-3271). 5. As an addendum to this application, please attach a ^arate list of any other persons you wish nctiCed of this application. Zoning Official's Signature ________;_____________________________Date________________________________ MINIMUM MATERUL REQUIRED FOR COMPLETE FINAL APPLICATION 1. Payment of fees (refer to Pre'iminary Subdivision Approval resolution and park fees if appicable). 2. Signed Certificate of Survty or mylar copies of formal plat 3. Title opinion. 4. Easements, covenants, etc. 5. Developers Agreement and Letter of Credit 2^oning Official's Signature ______________________________________Pate I. APPLICATION FEES (Zoning Administrator to check [X] those which apply) A. /^plication Base Fees: Sketch Plan Review (Class I, II & III) $250.00 _____ Subdivision of a Lot Line Rearrangement $350.00 ______ Subdivision Application (Class I & II) $350.00 ______ Preliminary Subdivision Application $375.00 + $25.00/lot (Class III & all non-residential) _____ Final Plat Application (Class III) $200.00 _____ Legal Review and Filing; _____Subdivision only $75.00 _____Subdivision w/easements and covenants min. $200.00 _____ Park Fees (to be determined per Section 11.62) _____Legal and Engineering Review Fees (as incurred) _____ Renewal of Class 1 and II Subdivision Application $200.00 (No change from original application) _____ Renewal of Class III, Preliminary Subdiusion Application $200.00 (No change from original application) _____Renewal of Final Class III Subdivision Applir^tion $ 150.00 (No change from original application) Totals B. Special Improvement Fees: _____ Proposed Private Roads $600.00 + $.50/Iineal ft; _____ Proposed Public Roads $900.00 $.50/lineal ft.;. .lin.ft.x.50-$ lin. ft. X .50 ■ $ _____ Request for City to Accept Existing Private Road $900.00 ______ Proposed Sanitary Sewer Main Extension $250.00 + $25/stub _____ Proposed Watermain Extension $250.00 + $25/stub _____ Proposed Storm Sewer System (excluding culverts) $200.00 _____ On-Site S)rstem, Site Evaluation Review (applicable to rtiral subdivision applications) $S0.(X)/per lot x_____new lots C. Flexible Application Fccs/Misc. Feci _____ Variance $220.00 ($50.00 per each additional variance) _____ Easement Vacation Associated with Subdivision $100.00 _____ PRD Application with Subdivision $30.00/Dwelling Unit The applicant hereby agrees to provide all informaticH. .equired or requested by the Zoning Administrator, City Engineer, City Attorney, Planning Commission and Council necessary to piocess this application and further agrees to pay all additional fees established by Applicant's Signature (bcU(,<-^A lQey«-*gV.c^3rAj^..ft)ate ________________ Owner's Signature Date Applicant must have all submittals into the City Oftice 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. M. O .-t K IftoSellen:le E. and Buit H. Cotwin BOL..-,..-. Development, Inc. Febniafy 8,1999 City of Orono Elizabeth VanZomeren, City of Orono Planner 2750 Kelley Parkway Orono, MN. 55356 Re: Proposed Carriage Hill Development Thank you for reviewing my second option that includes changes I believe offer a benefit to the proposed Carriage Hill Development. The access from Brown Rd will provide a better entrance for the six southerly lots. Visually, the entrance will be tree lined because we will follow the existing driveway from 1045 Brown Rd. I had an informal site visit with Dave Zetterstrom with Hennepin County. He felt that the access onto Brown Rd. would be a safe and better situation then adding additional traffic to Willow Dr. and the hidden intersection of Willow Dr. and Brown Rd. The access for lot one would follow the King Street Road, which currently serves one property, 775 Brown Road. Dave Zetterstrom commented that this would be a safe entrance for both properties and could be positioned within 30-40 feet to either side of King Street. My proposal would include grading the southern portion of the King Street entrance to allow foi the additional driveway. The grading would be limited to avoid removing any significant trees. The other option would be to move the driveway approximately 500 feet to the south across the street from another driveway. This is not the best solution because it would require the removal of more significant trees. The King Street Road was originally intended for access to both of these properties. It is our understanding that the City of Orono wetland map is what is to be used for density calculations for lot area. We have delineated the wetlands and are using these delineations for our calculations. Please inform us what is appropriate. I have left a message for Jim Hafner at MCWD. He was out of town until Monday 8, and I hope to meet with him this week. The NURP pond is sized to accommodate the area of all six lots to the southerly portion of the property. Please note that the size of the NURP pond includes calculating the acreage for all six lots. The area for lot four is approx. 2.34 total acres. The size of the NURP pond is approx. .18 acre. The delineated wetland is appro.x. .22 acre. The net 420 Upland Lone North • Plymouth, MN 55447 • Phone (612) 476*4459 • FAX (612) 476*4459 ? ^ NURP pond removed and excluding the delineated wetland is approx. 1.94. The reason that this occurred is due to the purchase of the existing home at 1045 rown Ro&^ which will be removed. If we excluded the 1045 Brown Rodd property in the calculations we would exceed the minimum 2.0 acre requirement The lot will be recoi^gured to adjoin to my plat to provide a significantly improved neighborhood. The existmg property at 1045 Brown Road is in need of repair. The existing home would be removed and graded to allow for the construction of a new home. Does the fact that the NURP pond may reduce the net upland require a variance? Westwood Engineering has tested the lots for septic sites and we have concluded that there we adequate primary and secondary sites available for each lot including the potential homesite for the replaced 1045 Brown Road property. Westwood Engineering has completed a survey for the property. The neighbor to the south cast comer of the property (Jim and Candee Kemna) have written to me and I have met with them regarding the possibility of selling a small portion of my property (noted on the plan) to them for an extension of their lot If a variance needs to be granted for lot four because of the NURP pond, I may be able to shift the lots around to comply with the two-acre minimum. If a variance were not required, I would be selling ftic property to them for the same per acre cost that I paid for the property. The sale for this portion of the property is more of a favor to the neighbor. The “exception” pi^ to the proposed plat along Brown Road just north of lot four (rectangular piece) is a tax-forfeited property I believe owned by the City of Orono. The property has no value because it is sitting in the wetlands. If the City of Orono would like to include this in my plat to adjoin to lot four it may clean up this plat. This may highlight some issues regarding this proposal. I hope that this helps with your review of the sketch plan and understand it may be repetitive to our previous discussions. You have been very helpful and informative. I will be out of town February 11, throu^ the tnorning of the 16 . My hope is that we may be able to complete a preliminary plat ai^lication ^ day following the sketch plan review. I understand that this is aggressive and if there is anything that 1 could do to help expedite anything please let me know. Thank you. BohLand Development, Inc. 612-720-6505 4Mwr\CMCItl Dev/. R‘1A oo« R'10 On* LR*1A On* ZONINCr MM> ,s rs ^ fj . • ••. •• •« .•#•• • r, ^ LEGAL DESCRIPTION OF RECORD PARCEL 1: til ■ ••• . "V • ; • • • • • • . • • -vr v All thot port of the Northeost Ooorter of the Northweit Ouorter, ond of Government Lot 8. fri Section 10, Township -117, RonQe 23. tormerly plotted os Minnetonko View (now vocoted). lying Costerly of the plot of JOHNSTON'S FRENCH LAKE SECOND ADCilTION ond Northerly of 4Ke NoHh!^^ line of JOHNSTON ’S FRENCH LAKE SECOND ADDITION.-except Lot 10. Blodt 6. and except Lot S. Block Z.of s*o!d 44innstonko View,*oeeording the U.S. survey thereof, ond situate In Hennepin County. Minnesoto (located at Crystol Boy, Minnesoto) and except the*following; •• • • -Vf ;V‘*vr!fS« Exception 1: \ Thct port of the Northeast Ouorter of the Northwest Ouorter and of Government Lot 6 in Section 10, Township 117 North, Range 23, west of the Sth Principol Meridion described os follows: commencing at o point on the West line of soid No^eost Quarter of the Northwes t Ouorler?-'’^^^''^ distant 395 feeL 10 of beginning of the degrees. 57 minutes on^es 0 distance of 274.16 feet, more or less, to the point of beginning; subject to the rights of the public in County Rood'Na 87.>.‘ • Thot port of the Government Lot 6 ond of the Northeast Ouorter of the Northwest Quarter of Section 10, Toeiiship 117 North,* Ror^ .23 West^^ * of the Sth Pr’incipol Meridion described os follows: Beginning at o point ki the East, line--of Govemment'Lot 6. distant 66 feet South of the Northeost comer of soid Lot 6, thence North oleing the East line of soid Lot 6 o dntonce of 33.76 feet; thence Northeasterly deflecting to the left at m ongie of 75 degrees, 19 minutes, o distance of 203.22 feet; thence Southwesterly deflectirig to the left at on angle of .74* degrees 49 minutes o distonce of 133.5 feet to the Southeosterly line * of Mirtnetonko- View .(vocoted); ■ thence Northeosterly along the^ ;i‘r Southeostedy line and extension thereof of soid Minnetonko View (vocoted) o distonce of 177.74 feet to the point of beginning . ^ • • • •• . ^ ^ , . » . . ^ *Vr* . .* w'\e ^ mf r- . • • ' * • ’ • c • • V f'iPARCa 2; •J*• • Thot port of the Government Lot 6 or.d of the Nbrtheost Ouorter of the Northwest Ouorter of Section 10. Townsh^ 117 North, Range West of the Sth Pr'mcipol Meridion described os follows; Beginning at 0 point in .the East line of Government Lot 6.'distant 66 feet jSeuth‘ ef the. Northeost comer of sold Lot 6. thence North along the Eost line of soid Lot 6 0 distonce of 33.76 feet; thence Northeosteriy deflecting to '* the left at on angle of 75 degrees. 19 minutes. 0 distance of 203.22 feet; thence Southwestedy deflecting to the left ot.on ongle'of 91 deT’ees 10 minutes 0 distance of 159.85 feet; thence Southeostedy deflecting to the left ol on angle of 74 d—‘ *- of 133.5 feet to the Southeostedy line of Minnetonko of sold Minnetonka View (vacated) a distance degrees 49 minutRS d dtetoHce «... PARCEL 3: linnetonko View (vocoted); thence Northeostedy along the Southeostedy line ond extension thereof ..Vr ****^y- ;e of 177.74 feet to the point of beg'mning. ’ ' .. • , • • *• •• > *7^..•r -3^ • ••. ■ • • . . •^ • • 1mThat part of the Northeast Qoaiter (1/4) of fte Northwest (gaiter (1/4) of Section ten (10), Township one hundred* seventeen (117), Range twenty*three (23), ootrespon^ to Lot five (5), Block two (2), including one*half (1/2) of the vacated street and alley adjacent thereto, according to the lecoi^sd plat of Minnetonka View (now vacated) and situate in Hennqiin County, Minnesota * • r •*. • ’•W •• • • «v %•*•••• - • ••-*>J: r 23. formally iw.'occofiifog r ■• ■ • •.-*■■. ’"••'•-vasoE It 23. «t«t of ^7. tt»«ttt Ouorttr ' poht Iht loft 90 . v|5^ »1y «l right s ■ ;■ :-.Kongo ^ ^ Sooth of tho dtfloeting to l«lt of 74 • Irr-W"^ 1.^ ::-r j.-V' * •*. *. • • • h> *•• • * »■ • •. - -J South of tho. git'of ftt I o*«stohet titlon thtroof.. > -.%••••* A I SITE DATA Zmnina RRr-IB Toial stl« arra * aetvs Mti «il« arva «» M0.B± aevwM ¥§tland orva » Jt3.f± octvt r»loi Iol« /-«, Ouiloi A Building front yard M§tbaek 50 Building 9id& yard aatbaek 30* Minim%tm lot width 200* i/inimum M arva 2.0 aeros B B In ♦ 0 1^: A A u N 1^: § f = ?>:.* ■*H jh- - I ■■^y ■4 SITE DATA Imnnina RR--IBina . TMfU Bii§ ava • 4g± aer§§ M§i bUb atwa «» MO,B± obtbb RBtiand arwa - M3J± octbb TW«I iBiB /-«. OuiUi A Buiiding /hml ymrd BBibaek SO BuiUiin§ BidB yard BBibaek 30* Minimum M %uidih 300* i/inimum lol araa 3»0 obtbb J±A1^ fT'^ Bnfc r ■ Z •s TMCPAVEII MAW/A0DRCS5 HETES ANO OOUMOS „OKT COOt/lOiM • “®ljRScrKH Kl* S*H »•»»» ESCROH HAHE/ADOREOS 0-^ 5,10 OST e s r-wHAM a J c « s bORM*N a J E coro«H OD BURT H CORHIM 400 1ST AVE N «22A wi» »! -.5*2 UHPLATTEO 10 117 2* 000.71 270 S iTATUS: CURROIT iif. ^5 «.U10 7:00 10»117-It tl OOOl AOORCSS WltMlK.'CO ffl COlCtRUCUO'* VCAH 3*Si ut i« or tni/* comiESfOioiw to taxable market niiAiTFYlNG AMT het tax capacity IF PROJ AMT lot S DLK 2 MIKA * 0UAL1FYIM8 AMT 4 FO SHARED TC FO AREA RATE IF PROJECT MO. .00 00000000 OIVISIOM NO OIVISIOM DATE SEE 10 S xr TAX LEVY/OESCRX^W^NOM-HOMESTEAO gross TX w 54.7110 DATD AXDSTATE PAID AID SOLID MASTE FEE total tax total paid LAND 200 DLOO «««r» MIBASE' MOM-HMST HACHOHNZ BASEl BASE2 HI»AK ^ AMT UNPAID 4.S0 taSayerHETES AND DOit®S ■ i. m ““.’SS'.ii” “sa-l;Ss —" HEMNEPXN forfeited land CITY OF ORONO cm^ >*T * -mm i/» Of w 1. ISS, SSTvS taxable market qualxfyxno amt FO SHARED TC »aT TAX CAPACITY Pq ARcA RATE IF PROJECT NO. IF PROJ AMT UMPLATTEO 10 IIT E* 000.22 278 1 STATUS: CURRENT *mo »«o 10-U7-U a 000* ADDRESS UNASSIGNEO CCOOtSPOMOIHO TO lOT 10 01* 0 ■"« AMD ALLEY VAC CONSTRUCTION YEAR .00 00000000 division no division date SEE 10 s If TAX LEVY/OESCRIPTION WeTOPRJYP RATE ■exempt total tax total paid ^ LAND BLOG o*o« .00 ■«TID9AYER name /adoress • metes ANO BOU«S KEENAN 0 RICHARDSON ET AL “ LOT BLK PLAT ^*’®®^g^'*!f5p'5'^fl5*SUFX OST SHO OST UtlPLATTEO 10 117 21 41510 688S 10-117-21 21 5) 1.1 k-' CViT>r»r«rr®5a?.=Ks- ;Wsr«»;ar ’*rT’«5 X«o*tv*d M»y M *37John f. Will Bhorlff •tninopin C«. Uinn. "5n^6sr 480 |t: **m. OOC7000000000000000 Doe. Ko. 16fi:;40 PUod Kiy 2S%!. 193? oi» TtSO e'cloek P.U. Stoto Of Wlnnotott’’®***’ County Of Htnntpln In Rt Pftitlon Of JtBff E. 0*Brlvn to ) vaeoti thi Plot of Ulnnttonkt Stetlon Ton ) (10) Townohip Ont lundroC Stvonlttn (117), Rongo ) Twtnty-Throo (23), Rtpntpln County, Ulniittoto ) Dlatriot Court Fourth Judicial Dlftriet Findings And Order. Tho above anti Had proocadini: balng regularly on the apaelal tans ealandar of the abovi •*aaad court eaxt duly on for ht*irlng before the undartlgned, one of tho Judges of sold court, on tha 12th day af Uay, 1037, on tha opplicatioii of the petitioner for on order vacoting the plat of tllnnetonko Vise, located in Section Ten (10), Township one hundred seventeen (117), Range t*enty-three (23), in the County of Hennepin and State of Uitmesou. nuane L. Traynor appeared a.i attorney for petitioner and J. W. Saith and T. V. Teasen, attomaye, filed an answer and appeared of record for the Town of Orouo* The court having considered the petition, the evidence introduced on behalf of the petitioner and all the files, records end proueedli.ga herein, and there being no appearance at the heoriag m opposition, Bakes the following findings of faett I. The Mortbeavt quarter of the Northwest quarter (NSiST^ti), Section ten (10), Township one hundred eeventeeA (117), Range t.vcnty-thre^ (23) and that part of Lot six (6), Sfction ten (10), Township ont hundrod seventeen (117), Range twenty-three (23), deucrlbed Si follows: Beginning at the Korthoest (ME) corner of Lot six (6). Thence South (S) ont chain. Thence South (s) forty-one (41) degrees twelve and alghty-fi\e one hundredtha (12 L B5/100) c.'alns to center of hlg)»a/. Ther.ce Morthwesterly (MVly), along center of highway tltvtn ard fifty one hundredths (U k 50/100) chaine to Korlh (N) lint of Lot six (6). Thtnet East (-) along said Morlh (M) 1: sl*.tseii sod ferty-two ono hundredths (16 li 42/100) chains to beginning, in the County of Rtrui^piii and Stato of Uintiesota, waa on tho 5th day of Uay, 1006, platted into oltvau (11) bloeVa, c<«*ttinlng one hundred eighty-three (103) lots and oertain atraets and alleya; taid plat being nased and deaignated aa "Uinnetonka Viow*; said plat w,.a filed for record in the offl*.e of the Regittor of Deede of Hennepin County, Uinnoseta, on the 14th ciy of Way, iBOd, in Hook V of Plato, on page 5. II. Petitioner io the owner of all of o-iid bleeke and lets except Lot three (3), Block cne (1); Lot five (S), Block two (2) ; Ut eleven (11), Block four (4)t anJ Lots Ten, Twenty-one ^ ! Twenty-two (10, 21 k 23) of Mock six (6)| that alno^ the filing of his petition, pei:tinner hai toqulred the till* to Lot one (1), Block otveii (7). III.e All (•••• iiMiMd actlnct ti » loll .«iuo by ptllUonor hovo bfaii paid. i*.tlUon«r b«i lYiii in* propor nattoo of •ppU''ott«i> to visoli lold plot by ptblloMa, o aeUet of susb mW'Si SSii m M m m. 490 •pplietUon In • It^tl Avwtpapcr for tuo fueetotivo «tfkt| tho 1§9« pubUeotloif of'^ vKleh »<ii Boro thoii ton (IC) 1*070 boforo tho doit of htorind •• oot forth in ooehr notleo and pootod oild not«^o if application In throo (3) of tho soot public placoo^ In tho Toon of Orcnc togothor rllh oo*'vlng a notice of appllcttlon poroonallp upon the chaimon ef the Mn board of tho Toon of Orono, both at loaot ton (10) dapo boforo tho dato of hoarlng aa oot forth in ouch notice* IV. That Townohlp cue hundred oovontoon (IIT), Bango toontr-throo (33)9 known ao tho Toon of Orona« hoo net boon orgtnlaod under a charter or optclal law rfhleh provldoo a Bothod or p**4eoduro for tho vacation of otroota and public grounde bp tho toonohlp authorltlfr. V. Potittonor haa occupied all of tho land eovarod bp tho plat ef yinnotenka View for Boro than toenty-rivo (aS) poaroi and during all onid tlao haa ood tho oholt thereof far agrScull ifal purpoaoai potltlenor has oroctod a oaall houoo, a garage and a hap ahed on the land platted aa lUnnetonka Vleo and tnoae are the onlp bulldlnga on atld propertp. VI. Kona of tho atraoto and alltpo, aa platted on the plat of Ulnr.etonka Vlew» have in fact over been opened or atteopted to bo optned bp aiipcno oxcopi ^®orl Stroet and Ed*jlngtoti Stroot ohleh noo ore and hava been for canp poiro uaed 00 cootitp higivapa r.rid aacept that part of King Street ^*lng Berth of the Eao t one hundred fortp (140) feet of Lot out (1), Sleek one (1). Minnetonka View, being the oaat one hundred forty (140) feet of aald King Street. VII. The atreeta and tllepa aa platted could only bo opened up for uat at great expenae to r.t Town.hlp Intazuch aa they run through low, owaopy groui^ or through high, elevated groc-.d; that no one la or will bo Injured bp the vacation of thlo plat and It la for tho b^at ititereata of the public to rellndulah any oasesent It haa on thla property. Bow Therefore, c:i Botlou of attorney for petitioner. It le Ordered, Adjudged And Decreed that tr.^ plat of Ulnuetonka View which covtra the Bortheiat quarter of iht Borthweat quart r (BEiVBi). Section ten (10), Townohlp ono hundred oeventetn (lit), Range twenty-three ^23) end that pari ef 3oven«oent Lot alx (6), Section ten (\0), Tovtiehlp one hur.dre. ieveateen (11*»), tango twenty-three (23), dcacribed ao follovat Deglnnlng at the Kortheaat corner of Lot tlx (6). Thence South one chain. Thenco South forty-one (41. degreee Weet twelve and elghtp-five one hundredths (13 b 65/100) chalna to center or highway. Thence Bortrwetierly along cenitr ef higbray oleven and fifty one bundr dthe (ll k SO/lOO) obelne to Borth line ef Lot alx (0). Thtneo Eaet along oald Bor‘h line oliieen and forty-two one hindrediha (10 k 43/100) ohalae to beginning, in county ef Hennepin and State of U!nneeeU»{c2eept Pearl and Edglngten Streets er.d that part of Xing Stroft lying Borih of thr Eaet one hundred forty (140) feet of Ut one (1), Block one (1), Minnetonka Viaw, being the Sett one hundred forty (140) feet of oaid Blag Strooi^bo and the aaae la hereby vacated and er .*• • • • . •• • i %». th«t tltlf to ill thf Olher a'rstto, unH porlt of oirtoiOf ollo^t* ivtnu«t ifid nihlto plneti thoffln tnd ihfrtofi it htrab;* deertid 1 • ftf to tht o^art of land abutting tharoon or odji- cant ihorato« fraa and dloeh%v.«d fran any right or tioinatit of tha fnibllc theroSn* %y tho courtt Doted Hoy Mth, 1037.Luther W. Youngdihl :ad£f wm\m yilod Uny U 1037 Ooo. H. Ilasparlay. Clark. Taul B. Oloan Deputy. 370U3State Of iflnnaauti ) County Of Reititopln Olatrlet Court l^ourth Judielil Diotrlct !• Coo. B. Keaporley, Clt/k of tho above naaed Court, do hereby certify that X have coa|iarod tho r«per writing ta *Mr.h thla eortlflcete la attached with tha original. >^laiinga and Order; li» the o: .Ion thereli; entitled, as the oaae oppoara of record and on file in thi said Clerk'a office, at tho Court House In otld Hei-opln County, Ulnnesatt, and find the • are to be a true and correct copy thereof, and of tho «holo thereof. lu Te;;Uftu!iy Vhereof I hiV# nereutito act n/ hand and affixed the atml of 8*Jd District Court, at the City if yiiii.ei - nil t, In ftld Ciulity, this Inf.i diy of Vay A.:).,1037. mm Ceo. K. Rceptrley Clerk of District Cov.*t By V. A. Cnrlaon. Deputy. (Clerk of Oialflot Court Seal) 03330330 303333DOw^U0000033000CO ii - * VJi> . Fax Transmission Andtff>c& Associates Date: 2./* /*t9 From- /om / A>cw Fax Number //2 - C3.VU^ ------------- CXjt File No: /3^- ^EaJ Oroanlzatlon Paoes to Follow: / Original Will Follow In Mali- Yes NOX Remarks: Q ^ "f4^ ^\jj/v1i> acAvr^t.j/>^ '/’Ag* o/’figs jSaAZaas^ ^ M A L ^ 7 A inJa4i. ry Cc^yi^itJ qi>a/,'4^/a. ^irA rr ^z^oz/Ty/ozAj^i^nifO t^esj^nhA r*> T^Ag ^QU^(r\ iS—,—PG^iljoLf—QSa£L-^ilii£AciLjmflQSj^^m^^,!2l^A„^2^mJ^^,mJ^ll^ ■Cca^ "44r^ pCoj:ia<^A ^•Angg'/ CSmA Q<g> /vlgw^Y <^/*/»/Vi-V^«y«^ Q<* pa^»^t*b(g ^tln^ijlA i*>^ ^ 5/^5K^_!fe__I^Ax^i —PQi3c/i_-__^_^____— JLo'f'^ ! 2. ArQtir\r^Lt^ 4r\ 4^k SA/<fc iS^ V\^ jJautA /\orf n*iQ/i/rr panAt^ 4^ ’Clcuj<i^ i-in4 i^k-%.,fAM Sg e S’ I I hiAfj::ij_I_^i_yh1rilAi-l£jM__£^ZlZ-_-_LXl^-lZ_-X,-CLlf±ML,I,,GXjLi^^ r^ormt^^ycpiej <^**re -fypc IsMP ^uck <ii> <q \,'c^'^’fvad buffer S“l~^lf^ a^trxpo'^O Osoy C<^tl r*^e <^ / ^<3^' 4S^'S. ____ _^ ^ ^ /h^H ks^ Note to Addressee: If you did not receive all of the pages In good condition please advise s your earliest convenience Thank You Bonestroo, Rosene, Anderlik and Associates 2335 West Highway 36 ■ St Paul. MN 551B ■ Phone: 6C-636-4600 ■ Fax 612-636-Qn •For Office Use Only* Fax then mall:Urgent fax Immediately: Yes Can to conhim fax was received: Yes, Make copies fon File Fax copies to (more than one k Other Other Fax and return original to sender Yes ORONO PLANNING COMMISSION MEETING MINUTES FOR JANUARY 19,1999 (01) 02410 PETER BOYNTON, 1973 FAQERNESS POINT ROAD - Continued McMillan stated that the staff recommendation is helpful. Dzurtk stated he did not receive a copy of the staff report. Smith asked if Dzurik was prepared to represent the applicant tonight. Ozurik said yes. Smith stated that this application was taMed in November because the applicant was not present at the meeting. Lindquist stated that staff finds no hardship for an average lakeshore setback, street setback, structural coverage, hardcover in the 75-250 ’ setback, or height variances. He believes that the project will have to be redesigned to fit the site. McMillan said that staff finds hardship for the lot area, lot width and lakeshore setback variances because of the size of the lot. She said staff does not see hardship in the average lakeshore setback and she agrees with staff. She feels the house could be positioned so it does not interfere with the neighbors’ sight line. She asked staff about the setback from the street. Van Zomeren said that the setback requirement is 30 feet. Van Zomeren feels it could possibly be reduced. McMillan agreed. She said she would not approve a structural coverage variance or a hardcover variance. Smith said there has been clear direction from the Planning Commission on this application. Van Zomeren stated she is concerned because she has not had any contact with the applicants regarding this application. Lindquist stated that the applicants must be at the meeting the next time the application is on the agenda. The applicant should understand that the Commission will probably follow staff's recommendations. There were no public comments. Van Zomeren stated she knows the notices for the meeting were mailed because she received a call from a concerned neighbor. Lindquist asked Dzurik if he would prefer that the Commission members vote on the application as submitted or table the matter. Dzurik stated he would like it to be tabled. Lindquist moved, McMillan seconded a motion to table #2410, Peter Boynton, 1973 Fagemess Point Road, Variances and Conditional Use Permit VOTE: Ayes 4, Nays 0. Schroeder arrived at the meeting at 6:48 p.m. r Page 2 ORONO PLANNING COMMISSION MEETING MINUTES FOR JANUARY 19,1999 (#4) #2443 GLEN UPTON, 3M5 NORTH SHORE DRIVE, VARIANCE, 6:48 p.m. - 7:00 p.m. Weinberger stated that the applicant has applied for after*the*fact variances to permit a deck located on the lakeside of the residence 40’ from the lakeshore. The deck was constructed in 1096 following an addition to the house. He said the applicant stated in his hardship statement that he did not apply for a building permit for the deck addition because he was concerned about meeting the allowed hardcover on the property. Weiniierger said that in 1095 the Council did grant variances on the property for hardcover and lakeshore setback that allowed a garage and living space addition to the residence. The total came to 22.2% hardcover, all within the 0’-75 ’ setback on the property. The only developable area on the property is within the 0’-75 ‘ setback. An easement has been created over a large portion of the lot to serve as an access drive for several lots that do not have direct access to North Shore Drive. The applicant had an original proposal to construct a deck in the location of the deck built without a permit in 1006. The DNR recommended the deck not be located as proposed due to the 50' setback requirement on lakeshore properties. The deck was later removed from the plans. The new deck Is located 40' from the lake. The applicant is proposing after-the-fact variances to permit the construction of a residential deck within 75' of the lake, to allow 22.6% hardcover where 0% is normally allowed, and to allow structural coverage to increase from 21.6% to 23.3%. Weinberger stated that staff recommends denial of the application based on the new decking being located within the 0-75% setback and based upon the 1995 approvals slating that only 22.2% hardcover would be allowed. Glenn Upton, the applicant, was present. Upton read a statement to the Commission members. He said that the 1995 plan to install a sliding glass door was approved by the building inspector and the door was installed. A platform and steps would be required to use the door. He said he is allowed to have a 4’ x 4' platform and steps to the ground. He extended the deck to make a platform. Upton admitted that he did not apply for a permit because he did not think he could get a variance. Smith asked if the deck is a n^ structure or an addition to an existing deck. Weinberger responded that this portion of the deck is new. There was an existing portion of the deck prior to the remodeling that was done. Smith asked if the portion of the deck marked 'existing deck 1984* was there when Mr. Upton came in for the 1995 application and the Planning Commission agreed that the deck could stay. Weinberger said that was correct. There were no public comments. Schroeder asked how the City became aware of the deck. Weinberger responded that the City Building Inspector was inspecting storm damage on a neighboring property and K was discovered at that time. Schroeder stated that he cannot support the variances. Smith agreed with Schroeder and said she cannot support the variances. Lindquist and McMillan agreed. Upton asked if the Commission would allow him to have a 12' x T addition to reach the older part of the deck. Page 3 ORONO PLANNING COMMISSION MEETING MINUTES FOR JANUARY 19,1999 (1t4) M2443 QLEN UPTON. 3688 NORTH SHORE DRIVE - Continued SmHh said she cannot support anything over what the code will allow. Upton asked if he should Just construct a platform. Smith said yes. Lindquist moved, Schroeder seconded, a motion to deny #2443 for Glenn Upton, 3M6 North Shore Drive, based on the new deck being located within the 0-76’ lakeshore setback and the hardship on the property was created by the applicant constructing the deck without obtaining permits. VOTE: Ayes 6, Nays 0. (#2) #2449 JOHN VOOT/MIKE HILBEUNK, HAVING AN INTEREST IN 3020 WATERTOWN ROAD, PRELIMINARY PLAT, 7:01 p.m. - 8:40 p.m. Van Zomeren stated this is an application for a three-lot preliminary plat. The site is approximately 12 acres in size with approximately 10.1 dry acres. Staff notified all the property owners in the Crystal Creek Homeowners Association that this item would be on the agenda. The applicants are proposing to subdivide the parcel into three lots and two outlots. Lot 3 would contain the existing residence and accessory structures. Access for Lot 3 would continue to be provided off of Watertown Road. The two new lots, Lot 1 and Lot 2, would be served by Outlet B which would be next to the private road in the Crystal Creek subdivision. If the two new lots are considered to be back lots, they would be required to have 3 acres of dry land. Lot 2 is 2.9 acres and Lot 1 is 3.3 acres. Along with this proposal, Outlet A is being created which could potentially be for sate to an adjacent property owner. Outlet A would be 1 acre in size. Outlet B. which would provide access, is .21 acres. Wherever an outlot is platted rather than a private road, the lots that are served via the outlet are considered to be back lots. The back lot Issue is a concern since one of the lots Is proposed to be less than 3 acres. With back lots, there are increased setbacks for front, rear and side yards at 150% of the requirement for the district. It appears that the proposed home locations could probably meet that requirement. There are five accessory structures on Lot 3. If the structural lot coverage exceeds 3,200 square feet, either one of the buildings needs to be removed to meet the requirement or a variance will be needed. One of the buildings may have historical significance. Steve Weekman has evaluated the proposed septic locations. He notes that there are two stormwater ponds in the Crystal Creek subdivision and his concern was that the proposed septic site for Lot 3 is located only 58 feet from one of the ponds where 75 feet is required. A variance for the location of the drainfield will be required. She stated that the Park Dedication Fee needs to be determined. The Hennepin County Assessor has been asked to review the proposal and determine the fair market value of the undeveloped land. Van Zomeren stated that there are several engineering issues. The private driveway off of the private road is an issue because the City does not typically approve subdivisions that have streets that are longer than 1,000 feet or serving more than 10 units. This proposal would increase the length of the private road and the number of units served. The subdivision ordinance states that cul- de-sacs shall be discouraged. It was anticipated that Crystal Creek Road would eventually be connected to Wear Lane; however. Wear Lane is a public road and Crystal Creek Road is a private road. She pointed out that one of the adjacent properties is owned by Stubbs Bay Moving Co. Since there is a lot of equipment located on the property, the soils are probably compacted and there may not be a suitable se^ic site on that property. The future of that property for residential development is limited without sewer. Van Zomeren said that the City Engineer has noted that a street in Outlot B would drain to the storm sewer and pond in the Crystal Creek subdivision, that more ponding capacity could be required and that the Watershed District would need to comment. There are also grading and drainage issues. Page 4 ORONO PLANNING COMMISSION MEETING MINUTES FOR JANUARY 19,1999 f«2> #2449 JOHN VOQT/MIKE HILBEUNK, HAVING AN INTEREST IN 3020 WATERTOWN ROAD - ConOnu0d Van Zomeren said that the primary issue for staff is the access to the back two lots. This is also an issue to the neighbors. She said that staff recommends that a 50 ’ outlot be platted across the northern end of the parcel and that the temporary cul-de-sac in Crystal Creek be eliminated and a new temporary cul-de-sac be created to serve the proposed two new lots, Lot 7 in Crystal Creek, and the outlot owned by Kingsbridge Properties. Mike Hilbelink and John Vogt were present. They stated they did not receive their copies of the staff report until today. Hilbelink stated they are not proposing to extend the cul-de-sac for access. They would prefer a private drive. He stated there is room to make sure there are three acres in both of the rear lots. He said they have no desire to connect Crystal Creek Road to Wear Lane. He stated that most or all of the accessory buildings will be removed. Hilbelink stated he has talked to Mr. Stubbs and there is a possibility of one or two buiktable tots on his property. Extension of Wear Lane to Crystal Creek would destroy that possibility. Chair Smith noted that three letters were received regarding the proposal: Steven & Anne Kahler, 35 Crystal Creek Road, dated January 15,1999 Michael & Gayle Sievert, 85 Wear Ln. N., dated January 18,1999 Richard & Joan Scorza, 2850 Wear Circle, dated January 20,1999 John Winston, 155 Wear Lane, stated he is concerned about the linkage of Wear Lane to Crystal Creek Road and he does not want to see that happen. He said that he and his neighbors do not object to the subdivision, they are not in favor of linking Wear Lane to Crystal Creek Road. Hugh Hoffman, 40 Wear Lane North, stated that he agrees with Mr. Winston. Steve Alseth, 3385 Watertown Road, questioned the number of lots. Van Zomeren clarified that this would be a three-lot subdivision. Rick Carlson, Jyland Development, stated he has purchased an option on the remaining lots in Crystal Creek. He supports access through Crystal Creek, but he is not in favor of a through-road to Wear Lane and he does not support a public road. He said that Outlot B is now considered unbuildabie. He opposes the 50 ’ easement on the north to provide access creating a flag lot. He is also concerned about the cost for the private road. There has not been any discussion regarding these new lots contributing to the cost of Crystal Creek Road. Smith asked for Rick Carlson’s opinion on connecting Crystal Creek Road to Wear Lane. Carlson said he feels two more lots on the private road would not be a problem because Crystal Creek Road was constructed to public road standards. He said there would be no gain to Orono in making it a public road. Mark Supalla, 160 Wear Lane, complimented John Vogt on the project and said that he supports the subdivision. Alan Carlson stated that he developed the area of Crystal Creek. He said that he has no objection to the subdivision provided the applicants give up the easement over the north lot to Outlot B. He said that vriien he developed Crystal Creek, the easement was for access to four lots that he has already had approved. The cul-de-sac was supposed to be temporary until the road was extended to Outlot B. He wants a road developed that would provide access to his lots. Pages ORONO PLANNING COMMISSION MEETING MINUTES FOR JANUARY 19.1999 ^ #2449 JOHN VOOmUKE HILBEUNK, HAVING AN INTERESTS 3020 WATERTOWN ROAD - Contfnuffcf Smith questioned the location of Alan Carlson's four lots. Alan Carlson showed the location of the lots. Smith asked if the original plan was for those lots to ultimately be connected by the development in the lower portion of the larger parcel. Carlson said the plan was for the two 50* roads to be connected. The Crystal Creek covenants state that the cukle-sac is temporary, that the northerly part of the property will be used for access to the east and that there is a 15’ temporary driveway easement over Lot 6 to get to Lot 7 because there is a plan for a road. McMillan asked if this information is in the staff report. Van Zomeren explained where to locate the information. She stated that the lot and block numbers changed from the preliminary plat to the final plat. Smith asked how access would otherwise be gained to the four tots. Carlson stated that the only access would be from the south. He said that the preliminary plat was approved for 16 lots, 12 in Crystal Creek and 4 to the north. When staff and Council approved the plan, it was not the intent that the cul-de-sac be permanent. His main concern is getting access to his four lots. McMillan asked if there is a house on Lot 7. Van Zomeren said Lot 7 is undeveloped. Stoddard asked about the purpose of the proposed Outlot A. Van Zomeren stated that the purpose of Outlot A is to sell to Mr. Winston to connect to his property. Winston said he volunteered to work with the developer to block access to Wear Lane. He asked if the four lots to the north could be developed due to the pressure of the proposed Highway 12 development to the north. Alan Carlson said he is not sure what will happen in the future. Steve Kahler, 35 Crystal Creek Road, said he feels there would be too many lots on the cul-de-sac. As a homeowner, he wants a separate cul-de-sac feeding from Wear Lane for the new lots. Rick Carlson said that Outlot B is technically an outlot of the Crystal Creek Homeowners Association and in the bylaws it states that Outlot B is unbuildable until it gains an access. He does not believe that the applicants have any obligation to provide access to Outiot B through the proposed subdivision. He is not in favor of promoting that access. He said there is no duty on the people who have paid for the road to pay for the access to Outlot B. Alan Carlson disagreed with Rick Carlson. He said the declarations and covenants for Crystal Creek state that Outlot B can gain access through Outlot A. Hilbeiink said he does not feel they should be required to pay for access to the north. He said that the entire parcel could be purchased by one party rather than subdividing it and then access to the north would not be possible. Laura Summers, 75 Crystal Creek Road, said she is concerned about extra traffic and change in the character of the neighborhood. Page 6 ORONO PLANNING COMMISSION MEETINGMINUTES FOR JANUARY 19.1999 ____________HAVING AN INTEREST IN 3020 WATERTOVM«« *>rte"Ston of Cryslal Creek Road lo serve two more lols. Shejandi. ^ j. Thataccount and would land lock the lots to the north Smith clarified that Schroeder favors extending Crystal Creek Road to serve the additilonal lots. .«^r,Sd'r'ierrhe “"Jssr^^ McMillan said that the Intent of planning In t S9i was lo provide access lo the pn,porly to the north, ^n^er saht that it is not his Intention lo connect the two roads, but 30 years from now It couh) be Smith said that possibility should not be negated. irr.^r4d'r^rS ’a“^reS^r Stoddard said the City does not encourage easements. McMillan questioned whether one of the lots would be defined as a back lot. ^^1t™ wnSSrS^toTa'^* W Is not served by a public or pdval. road and it Is served by an Smith said she does not favor access on Watertown Road. Lindquist said he favors platting a cul-de-sac off from the outlet. Schroeder asked how Alan Carlson would access the tots to the north without this subdivision. Aian Carlson said he would have had to look at land to the east for access. Schroeder asked if an outlot could be put on lots 6 and 7. Van Zomeren said it couid be put on iots 6 and 7. Page 7 ORONO PLANNING COMMISSION MEETING MINUTES FOR JANUARY 19.1999 §2449 JOHN VOQT/MIKE HILBEUNK, HAVING AN INTEREST IN 3020 WATERTOWN ROAD • Continued McMillan asked if the applicants obtained wetland delineation information. Hilbeiink stated that the wetlands have been delineated. He also stated that a grading and drainage plan will be done. Smith asked the applicants about the historical building. Hilbeiink said he doesnt know which building is historical and that none of the buildings are in good shape. Van Zomeren said it is on an inventory list that staff received from the State of Minnesota Historical Preservation Office (SHPO). Staff will be contacting the SHPO office to determine the significance of the building. Steven Kahler questioned the City’s position regarding Crystal Creek Road since It is a private road. He asked if the City would make it a public road. Van Zomeren said that typically the City is not interested in taking over roads, particularly since there is a lot of development left to occur in the area. She said the applicant must work out access with the Homeowners’ Association. Lindquist said he wanted to make sure the applicant understands that if an agreement cannot be reached with the Homeowners’ Association regarding Crystal Creek Road, the whole project would have to change. Smith asked If grading and drainage had been addressed. Van Zomeren stated that prior to getting a final plat approved, the grading and drainage information would have to be reviewed by the City Engineer. The grading and drainage plan would not be done until the final road plan is in ^ace. Smith asked if there are other issues that need to be addressed. Van Zomeren mentioned the location of the septic site. It is proposed to be located 58' instead of 75 ’ from the stormwater pond. Stoddard asked if it could be brought into compliance. Hilbeiink stated that the septic site was originally too close to the property line and it was moved. Smith said the Park Dedication fee still has to be addressed. Van Zomeren responded that the fee will depend on how the lots are valued. John Winston said that if Outlot A is combined with his lot, he will request vacation of utility and drainage easements. Pages ORONO PLANNING COMMISSION MEETING MINUTES FOR JANUARY 19,1999 (ia) W2449 JOHN VOQT/WttKE HILBEUNK, HAVINQ AN INTEREST IN 3020 WATERTOWN ROAD - Continued Lindquist moved, Smith seconded, a motion to approve #2449 for Mike Hiibeiink and John Vogt, having an interest in 3020 Watertown Road, Ciass III Preliminary Plat Subdivision, with the following conditions: 1. 2. 3. 4. 6. 6. 7. 8. 9. 10. There will be an Oudot B that is 60* wide along the northern edge with a 100* cul-de< sac, with 80* of paved area. Accessory structure total lot coverage will be determined and the historical significance will be determined. A variance obtained for the location of the drainfield on Lot 3. Park Dedication Fee will be determined. Drainage issues be addressed as stated in the City Engineer*s letter. There will be private driveways for the two lots off the relocated cul*de<sac. H is the applicanf s responsibility to work with the Crystal Creek Homeowners* Association regarding the cost to use the private road as it exists. Address the back lot acreage issue by rearranging the lot lines. Move the tamporwy cul^le*sac to serve the two new lots and Lot 7. City Engineer is to review the stormwater management plan. Schroeder asked if the two new lots will be back lots. Van Zomeren stated that they are not back lots if the road is extended with a cuMe-sac. If it is extended with a 50* outlet, they are back lots. A cul-de-sac has to be shown on the plat in order to not require the back lot acreage. The applicant wiil have to decide the location of the cul-de-sac. The City would accept 50’ straight across the top. As long as both new lots have access on the new cul- de-sac where staff can measure the lot width to the starxlard for the zoning district, they would not be considered back lots. Winston asked if the cul-de-sac would be constructed or platted. Lindquist stated it only has to be platted. Winston asked where the black top will end. Lindquist stated there will be a private road coming from the present cul-de-sac in Crystal Creek to the two additional lots. McMillan asked what would trigger the physical construction of the cul-de-sac. Van Zomeren stated that a cul-de-sac would have to be constructed when Lot 7 is developed. McMillan stated she would like to review the Crystal Creek resolution regarding the cuhde-sac. Stoddard stated the cul-de-sac should be platted now. Kahler stated that Lot 7 will be landlocked. Schroeder stated that perhaps all the lots could be served by the cul-de-sac and asked how many driveways can be served by a cul-de-sac. Van Zomeren responded that as long as the lots can meet the lot width requirement, there is no restriction on the number of driveways from a cul-de-sac. Page 9 i p ORONO PLANNING COMMISSION MEETING MINUTES FOR JANUARY 19,1999 m) *2449 JOHN VOQT/MIKE HILBEUNK, HAVINQ AN INTEREST IN 3020 WATERTOWN ROAD - Continued Lindquist moved, Smith seconded, to amend the motion to require the construction of the cui*de^c to connect aii three lots and extend the road. VOTE: Ayes 6. Nays 0. (#3) #2450 GLENN GRONBERG. 326 WILLOW DRIVE NORTH, PREUMiNARY PLAT. 8:42 p.m. - 9:00 p.m. Weinberger presented the staff report. He said the pppiicant has applied for a Preliminary Plat for a two-lot subdivision of a 5.07 acre site located off North Willow Drive. The lots will abut the new Highway 12. He said there are two main issues concerning the proposal. The first issue is access to the property. The original agreement for the private driveway that was set up was for three residences to be served off Outlot A. This subdivision would create a fourth lot being served by a private driveway even though Lot 1 of the existing subdivision continues to gain access off of Willow Drive. The subdivision ordinance allows for two residences on a private driveway. It is likely that the new lot will be acquired by Mn/DOT in the Highway 12 expansion for a stormwater pond for properties located around it. Taking into account the access issues on the proposed plat, the City would typically require Outlot A to become a private road to serve the four residences. Staff is proposing to extend the Outlot into a cul-de-sac, creating a situation where two lots have access to a street and eliminating a front and back lot situation. The applicant has proposed a change to plat an extended roadway with a cul-de-sac and both lots meet all zoning requirements. Mr. Gronberg is the sole owner who has granted easements to the other property owners on the private driveway, so there would be no conflicts between neighbors by creating one private drive. Staff could support the new proposal with provisions in the preliminary f^at resolution that until a building permit is issued for the fourth lot, none of the development would be required for the private driveway. At that time all property owners would probably share in the responsibility of developing the private driveway if for some reason Mn/DOT would not acquire the new lot. Glenn Gronberg and Mark Gronberg were present. Glenn Gronberg requested that the Park Dedication fee not be assessed and the road not be required to be constructed unless a building permit is issued for the new lot. George Hutchins stated he owns an adjoining property. He stated that no one knows what Mn/DOT will do in the Highway 12 expansion, but he has seen a plan that would take almost all of the new lot for a holding pond. He asked what would happen if this lot is subdivided and someone builds a house on that lot. Glenn Gronberg stated there is no intention to build a house on the lot. Stoddard stated he is in favor of the proposal as long as staffs recommendations are followed. Schroeder asked if the proposed plan meets the zoning code. Weinberger stated it does meeting the zoning code. He said the property is over fn/e acres in size and the subdivision will leave over two acres per lot. Stoddard stated that he does not want to act on the Park Dedication Fee. He would like the Council to rev!f.w that issue. Page 10 r. ORONO PLANNING COMMISSION MEETING MINUTES FOR JANUARY 19,1999 (1t3) «2450 QLENN GRONBERQ, 32$ WILLOW DRIVE NORTH - Contimnd McMillan movad, Lindquist sacondsd a motion to approve Application #2450 for Glenn Gronberg, 326 North Willow Drive, for a Preiiminary Subdivision as modified and presented tonight subject to the stafTs recommendations and with the development of a private road and culHle^c being based upon the issuance of a building permit for the new lot VOTE: Ayes 6, Nays 0. (#5) #2445 ROBERT GEHRMAN, 4300 SIXTH AVENUE NORTH. VARIANCES, 9:05 p.m. • 9:15 p.m. Weinberger presented the staff report. He stated that Mr. Gehmnan has been issued a building permit to construct a 36' x 77' accessory structure on his property. The accessory stnjcture is iocated more than 400' back from the road near an existing 20' x 60’ accessory buiiding. The maximum ailowed accessory structure on a lot larger than 9 acres is 3,000 square feet. Both accessory structures meet this requirement. The applicant is proposing to connect both structures with a 10 ’ x 10' waikway. By connecting the structures, both buiidings wouid be considered one structure which wouid require a variance for an oversized accessory structure. The totai combined square footage of the old and proposed structures would be 4,072 square feet. He reviewed the Zoning Code requirements regarding restrictive covenants that must be placed on the property. He said that the applicant has stated he intends to store antiques in the structure. The Zoning Code does not allow storage of inventory intended for retail purposes. He stated that staff is recommending approval of the application based upon the hardship being that the connection is going to connect two legal buildings and it is in keeping with the rural character of the neighborhood. Robert Gehrman, the applicant, was present. There were no public comments. Stoddard asked what the Zoning Code allows for the maximum size building per acre and the total amount of accessory structure per acre. Weinberger stated that the maximum allowed for this lot would be 6,i structures. square feet for accessory Stoddard asked the applicant if there are accessory structures located on the property. Gehrman stated the other structures consist of a 20' x 30’ garage, a 12' x 16' shed, and a 20’ x 20* shed, or approximately 5,200 square feet in total. Schroeder asked if the applicant intends to use the accessory structure for retail purposes. Gehrman said no. Schroeder moved, Lindquist seconded, a motion to approve Appiication #2446, Robert S. Gehrman, 4300 Sixth Avenue North, for a variance to aiio »y an oversized accessory structure on the property due to the nature of the iotand the corroination of the two wouid still be under the maximum 6,00 square feet allowed for accessory structures. McMillan stated she is concerned about setting a p' acedent regarding oversized buildings. Lindquist stated he can approve the appiication be .ause of the very rural setting. f*Page 11 ORONO PLANNING COMMISSION MEETING MINUTES FOR JANUARY 19,1999 (IK) 1K448 ROBERT QEHRMAN, 4300 SDCTH AVENUE NORTH • Continued Gehmnan stated the geography consists of a swamp to the north and trees two-thirds of the way around so it Is very well buffered to the west, north and east. He said the neighbors have approved the plan. VOTE: Ayes 4, Nays 1, McMillan opposed. (Recess taken from 9:16 p.m. - 0:30 p.m.) (#6) #2446 MARC & SHERRY MA8LOW, HAVING AN INTEREST IN 1890 SHADYWOOD ROAD, VARIANCES, 9:30 p.m. - 9:40 p.m. Van Zomeren presented the staff report. She stated the applicants are imending to purchase this lot. They are requesting an average lakeshore variance to construct a 12' x 32’ addition to the lakeside of the residence. The proposed addition will not further encroach into the average lakeshore setback than the existing stnicture. Another variance is required for hardcover in the 75' • 250' setback. She said the applicants are reducing the amount of hardcover in the setback, however, the remaining hardcover exceeds the 25% limitation. She stated that staff is recommending approval of the variances. She said that staff does not recommend removal of the hardcover located in front of the existing garage. She stated that the applicants are willing to remove one of the curb cuts on Shadywood Road which is a benefit to the City and County. The southern curb cut which will be removed is near a bridge over a channel where there are poor sight lines. Smith questioned the location and type of hardcover that will be removed. Van Zomeren reviewed the hardcover that will be removed. Marc and Sharon Maslow, the applicants, were present. Sharon Maslow stated the majority of the hardcover that will be removed is the south driveway vrtiich is bituminous. Smith asked staff to prepare a revised hardcover calculation taking out the rock and existing garage driveway, but leaving in the bituminous in front of the existing garage and other hardcover. Maslow stated that the worksheet they completed should have the hardcover figures. There were no public comments. McMillan said she Is in favor of the proposal. McMillan moved, Schroeder seconded, a motion to approve Application #2448, for Marc and Sharon Maslow, having an interest in 1890 Shadywood Road, for Hardcover and Average Lakeshore Setback Variances, with the recommendation that the hardcover in front of the existina garage does not have to be removed and the hardcover calculations show the amount of rock. VOTE: Ayes 5, Nays 0. Page 12 ORONO PLANNING COMMISSION MEETING MINUTES FOR JANUARY 19,1999 («7) #2447 KEITH WATERS ASSOC JKIRT WOODHOUSE, 848 FERNDALE ROAD WEST. VARIANCES AND CONDITIONAL USE PERMIT. 9:42 -p.m. - 9:47 p.m. Van Zomeren presented the staff report. She stated that the applicant is requesting a conditional use permit for cut and fill to construct a driveway that is located partially through a low area that is considered to be flood plain. She stated that this is a unique situation because the entire existing residence is located completely out of the allowable building pad. The applicant is proposing to pull the garage off the property line, expand the kitchen and the current office/library. She stated that the applicant is proposing to reduce hardcover in the 0-75' setback from 17.38% to 16.6% and to reduce hardcover in the 75-250’ setback from 35.4% to 30%. Variances are required for side yard setbacks to allow the kitchen addition and relocated garage to be located within the required side yard. A lakeshore setback variance is required for the addition on the west side over the patio because it is located less than 75* from the lakeshore. The proposed kitchen addition is 27’ from the lakeshore and also requires a lakeshore variance. The lot is subject to the 0 ’-75’ setback requirement on two sides. A conditional use permit is also required to change the driveway approach to the garage. She stated that staff is recommending approval of the application. Kirt Woodhouse and Blake Bichanich were present. Woodhouse stated that he wants to restore the original style of the house. He said they have worked very hard to modernize the house, keep the original character of the house and reduce the hardcover. Bichanich stated that ail but one portion of the proposed additions will be over existing hardcover. The garage will be moved off the property line. He reviewed the hardcover that will be removed. Stoddard asked the applicant to summarize the cut and fill plan for the wetland. Bichanich stated it isnl a wetland, just a low portion of the site that is landscaped and sodded. He said it technically falls below the 931.5 contour line so it is part of the flood plain basin. There were no public comments. Lindquist stated he is in favor of the proposal. Lindquist moved. McMilian seconded, a motion to approve Application #2447 fdr Kirt Woodhouse, 888 Femdale Road, for Side Yard Setback, Lakeshore Setback, Hardcover Variances and a Conditional Use Permit for CuVFill in a floodplain due to the uniqueness of the lot and the existing topography and the reduction of hardcover. VOTE: Ayes 6, Nays 0. Page 13 ORONO PLANNING COMMISSION MEETING MINUTES FOR JANUARY 19,1999 («S) #2446 KEITH WATERS ASSOC JD0U6 CARLSON/C. RAY. 7S0 NORTH ARM DRIVE, VARIANCES, 9:48 p.m. -10:00 p.m. Van Zomeren presented the staff report. She stated that the applicants are proposing to remodel an existing residence. The proposed changes require two variances. One variance is for average lakeshore setback because the existing house is located almost entirely in the front setback. The average lakeshore setback for the residence has slightly changed recently due to new construction on the adjacent southern lot. Another variance is required for top of bluff setback because the residence is partially located within the required 30 ’ top of bluff setback. She stated there are no negative impacts with this proposal and staff recommends approval. Catherine Ray and Blake Bichanich were present. Ray stated that the neighbors support the application. There were no public comments. Schroeder asked how the hardcover would be reduced. Bichanich responded that most of it is related to the existing driveway and the rest is mostly landscaping, such as pavers and railroad ties. McMillan asked if the old garage would be retained. Bichanich stated that the old garage will be used as a workshop and not for vehicles. The old driveway is very steep and wiil be landscaped for gardens. Ray stated that one of the reasons for the addition of the new garage is that access to the existing garage is very difficult for a vehicle and they will not use the old garage for parking vehicles. Stoddard stated he can approve the proposal. McMillan stated the addition ftts in very well with the contour of the house. McMillan moved, Stoddard seconded, a motion to approve Application #2448 fOr Doug Carlson and Catherine Ray, 780 North Arm Drive for Top of Bluff and Average Lakeshore Setback Variances. VOTE: Ayes 6, Nays 0. (#9) #2481 LYLE AND ORETCHEN SHAW, 1760 SHADYWOOD ROAD, VARIANCES, 10:00 p.m. • 10:16 p.m. Weinberger presented the staff report. He stated that the applicants have proposed to construct a 786-square-foot addition which would include a two-stall garage and two levels of living space above it attached to the existing residence. The existing residence is 20' x 36 ’. There is no existing garage. This application requires variances to ailow 51.1% hardcover where 25% is allowed in the 75 ’-250' lakeshore setback, and to allow 15.8% total structural coverage where 15% is allowed. He said that all setback requirements are being met. Staff recommends denial of the application based on hardcover of 51.1% where only 15.3% exists and 25% is allowed, and structural coverage being greater than 15%. He stated that should the Planning Commission approve the application, staff recommends the applicant provide a drainage plan prior to the issuance of a building permit that would be acceptable to City Staff to show the proposed development would not pose a risk to the subject property or adjacent properties. Lyle and Gretchen Shaw, the applicants, were present. Gerald Roelofs, their builder, was also present. Page 14 ORONO PLANNING COMMISSION MEETING MINUTES FOR JANUARY 19,1999 m) «24Sf LYLBAND ORETCHEN SHAW, 1780 SHADYWOOD ROAD - Continued Roelof^ stated that the application was written as though it was for a garage. He explained the current floor plan of the house. Stoddard asked if the desire for extra living space or the desire for garage space steered the application. Roelofs said they go hand In hand. The applicants want to bring a garage to the lot and expand the house. They want to keep the house as contiguous as possible. He said the addition is entirely behind the setback line. Roelofe reviewed the sizes of the neighboring houses. He said they would like some direction from the Planning Commission members before making further plans. Stoddard said he would like to see the hardcover scaled back. He asked what the hardcover would be if the structural coverage was brought down to 15%. McMillan said the applicants are allowed a minimum of 1.500 feet of structural coverage and that would automatically trigger additional hardcover. She said that 15% structure coverage would be 1,565 square feet and the applicants are proposing 1,650 square feet. She said she could approve the application if the structural coverage was reduced to 1,565 square feet. Roelofs said that would mean a reduction in building mass of 85 square feet. He said they did consider making the garage shorter, but it doesnl reduce hardcover because the driveway would be longer. McMillan said she believes that structural coverage is more important than hardcover and 1,565 square feet would be very dose to the allowed 1,500 square feet of strudural coverage. Lindquist and Smith agreed with McMillan. There were no public comments. Lindquist asked If Roelofe was comfortable with reducing the structural coverage to 15%. Roelofe said he believes they can work it out. McMillan moved, Smith seconded, a motion to approve Application #2451, Lyle and Oretchen Shaw, 1750 Shadywood Road, for a hardcover variance in the 75'-250* lakeshore setback with the condition ttiat prior to the issuance of a building permit the applicant provide a drainage plan that would be acceptable to City Staff. VOTE: Ayes 5, Nays 0. Page 15 ORONO PLANNING COMMISSION MEETING MINUTES FOR JANUARY 19,1999 SKETCH PLAN REVIEWS (#10) #2452 PETER ANDREA COMPANY. HAVING AN INTEREST IN 6XX STUBBS BAY ROAD NORTH (PID #32-118-23>24-0007), 10:16 p.m. • 10:40 p.m. Van Zomeren presented the staff report. She said the applicant is proposing to sutxlivide a 36.47 acre parcel into seven lots with two outiots for access. Each lot would contain a minimum of 5 acres. Outlet A would be a private road ending in a cul-de>sac. She said all of the proposed building pads can meet the setback requirements. S!:e recommended that the applicant provide additional information regarding the use of the most northerly portion of the parcel and the purpose of Outlot B. Mark Gronberg and Jim Deanovic were present. Gronberg stated that the northern most lot line is where Highway 12 is proposed to run. Outlot B is for access to the northern most lot. He said there is a platted road that runs along the west side of the property. Stoddard asked how a subdivision. would be provided to the undeveloped lots to the west of the proposed Gronberg said that the platted road that runs between the proposed subdivision and the undeveloped lots was probably intended to provide the access or they could gain access from Orchard Park Road. Stoddard stated he is comfortable with the plan as long as the platted road along the west side remains in the plan. Lindquist stated that he is comfortable with the plan. McMillan said she is also comfortable with the plan. PLANNING COMMISSION COMMENTS (#11) REPORT OF PLANNING COMMISSION REPRESENTATIVES ATTENDING COUNCIL MEETINGS ON NOVEMBER 23.1998. DECEMBER 14.1998. AND JANUARY 11,1999 Smith noted that on January 11th the Council reviewed the Rebers/Service 600 application and there are issues with the access. Van Zomeren stated that Mn/DOT had given preliminary approval to the access as a quick right turn, but then denied approval for that access. Mike Gaffron has been working with the project manager for that proposal and also Mn/DOT to resolve the issue. Smith noted that there is a published schedule of Coundl members who will attend the Planning Commission meetings. Smith said that the City has asked for an extension to provide an updated Comprehensive Plan to the MetropolHan Council. She asked staff if the Planning Commission will be involved in updating the Comprehensive Plan. Van Zomeren replied that Mike Gaffron will be devoting his time to completing the Comprehensive Plan. She said she is not sure how the Planning Commission members will be involved. Schroeder asked Bob Sansevere, Council Member, to what degree the Council plans to involve the Planning Commission in updating the Comprehensive Plan. Page 16 ORONO PLANNING COMMISSION MEETING MINUTES FOR JANUARY 19,1999 Sansevere replied «hat he does not know. He suggested that the Planning Commission and City Council have a Joint meeting to discuss the Comprehensive Plan. (#12) OTHER ISSUES FOR DISCUSSION Stoddard requested that minutes from previous meetings regarding properties to be discussed be included with the staff reports. Stoddard asked if the Planning Commission could address some straight forward issues by opening them for public comment at the beginning of the meeting and then acting on them all together. Sansevere said he will bring it up with the City Council. («13) PLANNING COMMISSION APPROVAL OF MINUTES FOR NOVEMBER 16,1998 Lindquist moved, McMiilan seconded, to approve the minutes of the November 16,1996 Regutar Pianning Commission meeting. VOTE: Ayes 5, Nays 0. (i14) SELECTiON OF REPRESENTATIVES FOR CITY COUNCIL MEETINGS ON JANUARY 26, 1999 AND FEBRUARY 8,1999 January 25.1999 - Schroeder February 8,1999 - McMillan («16) OTHER BUSINESS Smith stated that she, Lindquist and Stoddard will not attend the February 16.1999 Planning Commission meeting. ADJOURNMENT Schroeder moved, Stoddard seconded, to adjourn the meeting at 11:05 p.m. VOTE: Ayes 6, NaysO. Sandra Smith. Chair Page 17