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09-20-1999 Planning Packet
ORONO PLANNING CO^fxVIlSSION Monday, September 20,19f 9~6:30 p.m. 2780 Kelley Parkway—Council Chambers AGENDA Council Representative: Richard Flint AUDIENCE MEMBERS: Please sign in for the public record at the front podium if yon wish to address the Planning Commission. Applicants will be asked to move to Ae front table to answer questions when the Chair announces the application. The Planning Commission is an advisory body to the City Council. If action is taken on any items on this agenda, they will be scheduled for the September 13, 1999, City Council meeting unless otherwise noted by the Chair. NEW BUSINESS: PUBLIC HEARINGS Review of these items will commence prior to or between scheduled public hearings. Jeff Martineau,1420 Shoreline Drive, Variances. (Staff: Paul Weinberger).^ #2516 #2519 Matthew and Robin Staloch, 4705 Watertown Road, Variance. (Staff: Paul Weinberger). SCHEDULED PUBLIC HEARINGS 7:3di).m. #2522 The Bancor Group, Inc., Southwest Comer of Willow Drive North and County Road 6, Class HI Subdivision. (Staff: Paul Weinberger). CONTINUED NEW BUSINESS: PUBLIC HEARINGS #2520 Tom Berthiaume, 3035 Casco Point Road, Variances. (Staff: Paul Weinberger). #2521 Joe Haus, 4485 Bayside Road, Variance and Conditional Use Permit. (Staff: Paul Weinberger). Ronald and Rita Zebeck, 998 Wildhurst IraQ, Variances and Conditional Use Permit. (Staff: Paul Weinberger). W.Duncan MacMillan, 1820 Fox Street, Conditional Use Permit. (Staff: Paul Weinberger). I PLANNING COMMISSION COMMENTS Report of Planning Commisuon representatives attending Council meetings on August 23, 1999 and September 13,1999. /• Other issues for discussion. Planning Commission approval of minutes for August 16,1999. Selection of representatives for City Council meetings on Septen^er 27,1999 and October 11,1999. ADJOURNMENT Public A ttendance ZbMeeting D ate C ouncil S Planning C ommission □ Park C ommission □ Other Please fill out the information REQUESTED BELOW FOR OUR CITY RECORDS. . r: * NAME (please print)ADDRESS PRESENT FOR (from agenda) NAME OR NUMBER 2. Xu'TT.'O-hYVU'V-vA./' LVvipo vT ^ 3. 5-ziUh'^ pJJ 7^V 1. 4.. 5. u k ^3 ot //auS 5 Ml h U U- fj V. li. / \)hn f\f U, /lA .t-1 Pj^ 8. ,_______________ ^ p a/ ^ g C f u P'P 2^^--* 10./W' U) ^ Ct c>c ^c f )J^ X}- h-Ji'Jir^ic) D ♦ ,3 7r/Qv^\^yS ^^:>0 IJ» v i t V_/- '' U ^t: IS. >4 X:VAmVVITW C fv-*^ /3 t -\.•?r/ <r Aye ^ tNWWPSOCS'TOKMSjmUCJk Public A ttendance Meeting D ate □C ouncil Planning C ommission Park C ommission Other Please fr.l out the information REQUESTED BELOW FOR OUR CITY RECORDS. NAME (please print)ADDRESS PRESENT FOR (from agenda) NAME OR NUMBER 1.^r\ I tn\s 7 VC ,1)^ 1. PVt ",y^'O *713 r>o ka v?i. 3.I tV y/)s aj tl-c.c- 4. S O-O ■< A. O. 6 5.- A'I cc.c?y t/cf Otc Af L k' 0>fe .. 6. K/c:A\ Ic/fo (ca v<:rv^ 7. ^ •kjry ^)l\gJlDJa'rl ?)"r- 8.2ix(Nr 9._/i2iI C" >3 V3> 9 3' <—s 10.<4:>"«r L-M i 7'V<f) 7 30 ?6C,r^ £ddC^ fj 'J\ 12« 13. 3^ 14. IS. ^ X:VAm\1^'D^ T Ltr \>r: J Qidua/^^/,A' 0') (! ; c 7 ^0 Oic'^c ^ uvc O/v:. MORMS^^BUCJOT > • ♦* • TO:Chair Hawn and Orono Planning Commission Members Ron Moorse, City Administrator FROM: Paul Weinberger, Zoning Administrator/Planner -DATE:September 9,1999 SUBJECT:#2516 JeffMartineau 1420 Shoreline Drive Variances-Public Hearing Zoning District: LR-1A One Family Lakeshore Residential District (2 Acre) Lot Area:approximately 2.0 acres Last month the Planning Commission tabled Zoning Application #2416 for JeffMartineau without discussion. Mr. Martineau arrived shortly after the meeting had adjourned. Summary of Request: In 1997 the residence was removed from the property. All that remains on the lot is a detached garage and driveway. The applicant has applied to the City for variances to allow the lot to be redeveloped as a residential site and to permit the detached garage on the property to remain. The Code would not allow an accessory building to remain after the principal building has been removed without the Council granting a variance. Applicant also requests variances from bluff setback to permit a new residence to be constructed within the 30' bluff setback. Lot History: The lot was 2.9 acres in size prior to 1983 when .9 acres vna divided off and joined with an adjacent property leaving the existing 2.0 acre parcel. Previous property owners have inquired about extension of sewer to the property. This is one of the few lakeshore lots in the City that is not within the MUSA area to allow for the provision of sanitary sewer. There is interest in cormecting this property to sewer. Sewer connection would require the property demonstrate it is not suitable for a primary and alternate septic site, or apply for a MUSA expansion which would require approval of the City and Metropolitan Council. ^25! 6 JeffMartmeau 1420 Shoreline Drive yariances 8^16^99 Page I • • Lakeshore Setback Tanager Lake is located on the west side of the property and Brown's Bay of Lake Minnetonka is on the east side of the property across Shoreline Drive. The lot has tw'o 0-75' lakeshore setba>:k zones. There is a small portion of the driveway within the setback along the east side of the property. Obviously this amount of hardcover (120 s.f) is required for driveway access to the property from Shoreline Drive. A garage and small portion of driveway is located within the 75' lakeshore setback on the northwest comer of the property. This building was required to be removed when the principal residence was removed from the property. Section 10.03, Subdivision 9 prohibits accessory buildings on lots absent a principal structure. It could be assumed the garage would not require a hardcover variance at this time because it is a legally existing non-conforming building, however it may be appropriate to grant the variance for hardcover if the Planning Commission and Council determines the building can remain on the lot. Bluff Setback A bluff rises from the Tanager Lake shoreline to approximately to the 960' contour. The Shoreland Ordinance requires a minimum setback of 30' to the top of bluff for a structure. Refer to the attached survey/site plan (Exhibit D) the plan indicates a limited building pad on the property outside of required setbacks and allowing for a 30' top of bluff setback. Surveyor has depicted on the survey a proposed house layout over the high point on the property that could not meet the bluff setback. The residence however would be within the actual building pad on the property as defined by the typical yard setbacks (absent the bluff setback). A variance may be appropriate in this case to allow building within 30* of the top of bluff setback due to the limited building pad on the 2.0 acre property. The proposed location of the residence would take advantage of the previous building pad and not require the removal of trees necessary for protection of the property between the proposed house and Shoreline Drive. Building in the proposed location would also allow a future property owner to take advantage of building over the highest portion of the property. If a house were built further to the north on the lot the existing drive would be required to be realigned and result in removal of mature trees and some extensive regrading. Septic It is unknown if the property could sustain two conforming septic sites. The steep grades and lakeshore setbacks may require the property owners to request sewer extension from the Cit> Council. The property is outside of the MUSA area, but to its benefit it is adjacent to other sewered properties and is a lakeshore lot. ^2516 Jeff Martineau 1420 Shoreline Drive Variances 8/16/99 Page 2 • • Hariicovcr Mark Gronberg has completed proposed hardcover calculations and has demonstrated the property could sustain and house and garage combination close to 5,000 s.f. without requesting any variances. The existing drive would meet City requirements and require only a small amount of grading on the property. Distance from Shoreline Total Area in Setback Existing Hardcover Allowed Hardcover Proposed Hardcover Variance Requested 0'-75 ’ Tanager Lake 1,236 s.f.1,236 s.f. (4.0%) none (0%) 1,236 s.f (4.0%) All hardcover in this setback is existing and is not scheduled for removal 0'-75' Brown's Bay 4,800 s.f.120 s.f. (2.5%) none (0%) 120 s.f (2.5%) Hardcover is required for existing driveway 75’-250' Proposed 48,400 s.f.approx. 12% 12,100 s.f (25%) 11,205 s.f (23.15%) No variance would be requested for hardcover within the 75'-250' lakeshore setback Issues for Discussion 1. 2. 3. 4. The property has a limited building pad for a two acre lot due to the increased impact of the top of bluff setback. The applicant has requested a variance to allow an encroachment into the 30' setback. A garage structure is located within the 0-75' lakeshore setback. The building by Code should have been removed at the time the property owner voluntarily removed the residence in 1997. The applicant intends to maintain the building at its present site. The lot is subject to two 75' lakeshore setback zones. The variance from bluff setback would allow the property to be developed over the area already graded by the existing house. The area is clear of trees and driveway alignment is established. §7^ / ' Stfl Martineau t420i», ttlmDrivt Variancgs 8/16/99 ropcrty iances. on the 1. 2. STAFF RECOMMENDATION Staff recommends approval of the variances to permit encroachment into the top of bluff setback to permit a new residence to be constructed on the site over the previous building site based on the following hardships: The proposed location of the residence would take advantage of the previous building pad and not require the removal of trees necessary for protection of the property between the proposed house and Shoreline Drive. Building in the proposed location would also allow a future property owner to take advantage of building over the highest portion of the property. If a house were built further to the north on the lot the existing drive would be required to be realigned and result in removal of mature trees and some extensive regrading. the area unent is Attachments :t of the ent into >y Code ridence Application Applicant's Statement of Hardship Survey Location Map Topographic Map Hardcover Worksheets Plat Map Property Owners List Permit Record U2516 Jeff Mariineau 1420 Shoreline Drive Variances B/I6/99 Page 4 Application # Date Receivrf~ *7/^)1^^ Amount Paid t CITY OF ORONO - VARIAMCE APPUCATION (hso^Initial Application Fee _ (S50.00 per each additional variance) Renewal Variance Fee $150.00 (no change from ori^nal application) Variance for non-conforming structures $250.00 A:':er-the-Fact Fees (Doul !e application fee) PROPERTY INFORMATION Site Address Property Identification Number (P.I.D.X Attach legal description to ^pUcation^ not included on required survey. Date Property Acquired NVflSi (month/year) I (di^ (do not) also own the adjacent parceb of land. Present use of property: readential ___other (specify). Zoning District: ^ IA________________________ APPLICANT Name J~€FA ‘ MJA-r/AjfAi^ Address: 2df JT ____ OWNER (if different than ^jplicant) Phone fhome") ? ____ PhoneCwork) 3'3^ City: U^AV7ArA_______Zip: S'!3^ Name __jrr£j^£^r tlb(n\Address: tfbtnf^Oo TCAif City: Phone (horned ___ ^hone (work)^ ity: Zip: DESCRIPTION OF REQUEST Estimated Construction Cost $ Describe request in detail: i/ARiAh/cc BmfF ^(^TO acL -fO —LBSA. (attach additional sheets if necessary)V i'L/.v cJ VARIANCES REQUIRED Lot Area Setback: ___Lot Width Front __ Side Hardcover Rear ' Lot Coverage - Average Lakeshore Other (specify) BiLiFf ^(-T^ACf^ HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions prevenUng compliance with Zoning Code requirements: £jcc4fF /a/— TJA4C ^fd/CAjL STA^id/^ L (attach additional sheets if necessary) RUN DATE I7/1V99 •ATCH 511 PROP AODR OMNER NAHE TAMPAVER NAME/AODR 38 I2-117-2S S3 Oil! flAl* SHORELINE DR A HARRISON t 1 L HARRISON ALFRED S INORID L HARRISON lAlt SHORELINE DR NAYZATA NN 55391 HENNEPIN COUNTY PROPERTY INFORHATION SYSTEH PROPERTY.OHHERS LIST 38 I2-117-23 33 0812 •8838 ADDRESS UNASSlGNED THE CITY OF ORONO CITY OF ORONO P 0 DOX 48 CRYSTAL BAY NN 55323 REPORT NO. PI435481 PAOE 43 38 11-117-23 21 8881 88838 ADDRESS PENDING OENHAR INDUSTRIES INC KIN8S COVE BOAT SALES INC ATTN STEVE BATES 9 STATE NMY NO 41 HASTINGS HN 55833 1 PROP AODR OMNER NANE TAXPAYER NANE/ADOR 58 11-117-23 22 8884 81998 SHORELINE DR JANES P RIVERS ETAL JANES P RIVERS 1999 SNORELINE DR MAYZATA HN 55S91 18 11-117-23 22 8805 01992 SHORELINE OR JANES P RIVERS ETAL JANES P RIVERS 1999 SHORELINE DR MAYZATA NN 55391 38 11-117-23 22 0004 ■ 81999 SHORELINE OR J P 8 N A RIVERS JANES P 8 NARY A RIVERS 1999 SHORELINE DR MAYZATA NN 55391 PROP ADDR OMNER NANE TAXPAYER NANE/AODR 38 11-117-23 22 8887 88838 AOORESS UNASSIONEB J P 8 N A RIVERS JANES P 8 NARY A RIVERS 1999 SHORELINE DR NAYZATA NN 55391 58 11-117-23 22 8818 88038 ADDRESS UNASSIGNED J P 8 N A RIVERS JANES P 8 NARY A RIVERS 1999 SHORELINE DR NAYZATA NN 55391 30 11-117-23 22 0013 00038 AOORESS UNASSlGNED THE CITY OF ORONO CITY OF ORONO P 0 BOX 44 CRYSTAL BAY NN 55323 OMNER NANE TAXPAYER NANE/ADOR 38 11-117-2S 22 0019 81932 SHORELINE DR L E 8 J L BORN TRUSTEES LAUREN E 8 JOYCE L BORN 1932 SHORELINE DR NAYZATA NN 55391 58 11-117-25 22 0015 01920 SHORELINE OR S B 8 A B SILL STEVEN B 8 AHANDA B SILL 1920 SHORELIMS OR NAYZATA NN 55591 TOTAL BATCH 111 88811 X CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE Ua TRUE REPRESENTATION OF INFORHATION AS IT APPEARS THIS DATE ®**,^** **f®*®* OF THE HENNEPIN COUNTY DEPARTNENT OF PROPERTY TAXATION, TO THE BEST OF HY KMWLEDGE UO BELIEF. DATE ^ 5 ?/< J/ '• I . CERTIFICATE OF SURVEY FOR JEFF MARTINEAU OF LOT 2. BLOCK 1, DRAGONFLY HILL HENNEPIN COUNTY, MINNESOTA S 90*00 ’00*' E 151.92 .X‘\' .. / v’»?*\ C\^ V V. \ ^ ;\ V/ T'*.*!! \ I \ < \r. o. \/ y\ v^< \ 0 R A I N A C C I I /V. ' \ ^ o ' c A s c u e m'/t ' ’f\ /\ \% \/ ^ \sv'' • ' #* _____^ tAST \ iT ____________A APmumm NORUAL SHOREUNCt»2M) r'"'VX>Rl LEGAL DCSCRPTION OT PRCMtSCS : Thot port of Lot 2 lying Nofthwosterty of the Southeosteny 37.03 feet thereof. Block t. Orogonfly HiM «^T#ae miAH »fA aIvIi. Oat^ denotei iron morker Beoringt shown ore bosed upon on ossumed dotum. /4Af I* M> 1 p f 'I'i This survey intends to show the boundaries of the above described property, ond the locotioh of on ssisling goroge thereon, it does not purport to show ony other Improvements or encroochments ^ ^ SQWIKRT UC «r^iof t. aen i. oueeevr lei DAU i OCSCAIPTCN UHUUAJI___a1___ • mmt bla.rdco \terj^lculation ^ SETBACK ZONE: (CIRCLE ONE) (p^ 75-250’ EXISTING HARDCOVER IN ZONE ^Afr (LA'<( MTkA) A. House __________- ■■■■ ------------------- Length Widr. \ N X B. Garage C. Driveway X X D. Sidewalk \ X E. Patio/Deck X X F. Landscape Underlain By Plastic Or Fabric X X X G. Other TOTAL HARDCOVER IN ZONE- TOTAL PROPERTY AREA IN ZONE A - - n PROPOSED HARDCOVER IN ZONE’ A. House ______________ ^ Length X X X B. Garage C. Driveway X X b. Sidewalk X X E. Patio/Deck X X F. Landscape Underlain By Plastic Or Fabric X X X G. O’iier TOTAL HJVRDCOVER ZON'D TOTAL PROPERTY AREA IN ZONE A____________________ ■ ^ xlOO Wii; X 100 13 SHEET 7-a/-? 9 250-500'500-1000’* * • a S.F. S.F. a S.F.• • a S.F. a S.F. s /I O S.F. s S.F. SJ. =S.F. B S.F.• • 8 ST. S.F. a S.F. a S.F. S.F. •• /lO SF.A */POO S.F.B s 2.SO y.• • S S.F. s S.F./ft s S.F.Pri a ■ST.V J 8 ST. S.F. ** r........- f i a S.F. S.F. a S.F. S.F. fc-. . y• ir - \ ) ]a ST. a S.F. B S.F. .S.F. 8 S.F. ST.A S.F.B -% • - ■ I MA/inAyf4^{ (S/ic) HARDCOVER CALCULATION WORKSHEET SETSACKZONE: (CIRCLE O^^E) Co-^S^ S r 75-250’ 250-500’ •kXTSTlNGHARDCOVER IN ZONT C/iKf A. House ____________ ^ --------------------- “ Length VVIdLh T. Z B. Garage 7^^ *i C. Driveway ____________ \ X X 7 0,2. D. Sidewalk E. Patio/Deck F. Landscape Underlain By Plastic Or Fabric O. Other X \ X X V X X X X TOTAL HARDCOVER FN ZONTi ’ ■ TOTAL PROPERTY AREA IN ZOXE A _____________ - PROPOSED HARDCOVER IN ZONE ' A House _____________ ^ Length X X X B. Garage C. Driveway D. Sidewalk E. Patio/Deck F. Landscape Underlain By Plastic Or Fabric X X X :< X X X X X O. Other TOTAL HARDCOVER IN ZONII TOTAL PROPERTY AREA IN ZONE A ______________ - X 100 X 100 13 500-1000 ’ __________S.F. _________SJ. _________ST. 2^ 2. S.F. ^ / y S.F. SO 0 S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. SF. S.T 3o.:?oo S.F. v,o/ % A B B S.F. S.F. B SJ. B "ST.V r B S.F. S.F.r------—: S S.F.•1. 4 as S.F.V • “‘v1 . B SJ.\ ! i S.F. • A •* B S.F. / •' * , 1/ *11 B S.F.\D y B S.F. s SF.^.5 S.F. S.F.A SJ.B B y# - ki • •• . A/A • V / 4. r (' f/ctj 7-' Z / - 9 9 HARDCOV'ER CALCULATION WORKSHEET '' SETTACKZONE: (CIRCLE ONE) EXISTING HARP COVER IN ZONE A. House ____ 0-75* Length \ \ N B. Garage C. Drivew^\ \ D. Sidewalk \ E. Patio/Dcck \ X F. Landscape Underlain B>T istic Or Fabric X X X 0. Other TOTAL HARDCOVER IN ZONi' TOTAL PROPERTY AREA IN ZCNE A _____________ - 9 PROPOSED HARDCOVER IN ZONE ’ A. House ^2. Lenfh \ \ X B. Garage 3x C. Driveway X X D. Sidewalk X X I Pati ^5e^ 2 0 X X F. Landscape Underlain By Plastic Or Fabric X X X 0. Other 250-500*500-1000* S.F. 8S rs SJ. S.F. S.F. S.F. S.F. S.F. S3 SB S.F. S.F. S.F. SJ. S.F. S.F. SJ. S.F. .X 100 S.F. S.F. % A B YS Z PS2. S.F. , WiJlh /2 O 0 SJ. SJ. ■■SJ. 2V 7^<P S.F. SI HO S.F. S.F. SJ. SJ.CO // /y /cs TWO S.F. ___.'I S.F. ^3 SJ. S.F. -s S.F. ;-| ; • ■ S.F. TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONT: A ____________ - n //,Zo5^j X 100 HJi HOP S.F. 13. fS »/o 1 >*»• 13 PERMIT RECORD ♦ ♦ TO: FROM: DATE: RE: Chair Hawn and Orono Planning Commissioners Ron Moorse, City Administrator Kris Jenson, Assistant Zoning Administrator/Planner September?, 1999 #2519 Matthew & Robin Staloch, 4705 Watertown Road Variance-Public Hearing Zoning:RR-IA, 5 Acre Distnct Application: To allow a horse bam to be constructed between the principal residence and the street. STAFF SUMMARY The applicants have requested a variance to permit the construction of a horse bam between the principal structure and the street. This lot is approximately 350' wide and 700 ’ deep, and the house sits at the rear of the property, only 61.8' from the rear property line. The west property line is Painters Creek. Due to the house location and the creek, the only feasible place to locate the bam is along the driveway in the center of the lot. The area between the bam/driveway area and the east property line will serve as the pasture area for the horse. The proposed building is 28' x 40', and meets all other setback standards for oversized structures. This structure will be located more than 75’ from the nearest property line, and over 150' from the applicant's home, as well as the neighboring homes at 4765 Watertown Road and 630 Deborah Drive. The North lot line of this property is Painters Creek, and therefore the property falls unders Shoreland Regulations and hardcover requirements. This site, even with the proposed horse bam, is at 0% hardcover within the 0'-75' zone, falls under 10% hardcover within the 75'-250' zone, and 19% within the 250'-300’ zone. Pertinent Ordinance Section 10.03 General Provisions, Subd. 9, Accessory Buildings (C) Area Restrictions, (3)(a): No such accessory structure shall be located within a required yard area (principal structure setbacks must be met). Further, no such structure shall be nearer the front lot line than the front lot line of the principal residence on the property, and no such accessory structure shall be located less than 30' from the side or rear lot line regardless whether less strict principal structure setbacks apply. U25i9 Matthew A Robin Staloch 4705 Watertown Road Variance September 7. 1999 pogt-'l ANALYSIS RR-1A District Requirements Lot Area Lot Width Front Yard Rear Yard Side Yard 5 acres 300’100'100'50’ Lot Area Lot Width Front Yard Rear Yard Side Yard Acres 300'580' to house, 200+' to bam 61.8'68'. 165' This lot conforms to required lot width, lot area, front and side yard requirements. Issues 1.The applicant's are in the piocess of identifying the secondary septic site on the property. A mound system was put in a year ago when the applicant's moved into the property, however a secondary site was not indicated in our records. Staff wants to ensure that the secondary site is not located within the bam or pasture area, in order to maintain the integrity of the site. STAFF RECOMMENDATION i J Staff recommends approval of the variance to allow construction of a 28' x 40' accessory structure between the principal building and the street. Exhibits: A B C D E F G Application Location Map Plat Map Survey Elevation Drawings Neighboring Property Owners List Hardcover Calculations $2519 Matthew d Robin Staloch 4705 Watertown Road Variance Sepumber 7.1999 pap-2 CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee S2S0.00 ($50.00 per each additional variance) Renewal Variance Fee $150.00 (no change from ori^nal application) Variance for non-conforming structures $250.00 After-the-Fact Fees (Double application fee) PROPERTY INFORMATION She Address UJ Application# Date Receiv^32ZSH3 Amount Paid ■ ccnrr\ ■ Property Identification Number fP.l.D.) 3/Hg^3A^oc03______ Attach legal description to application if not included on required survey. Date Property Acquired. ^ QS___________________________(month/year) I (do) (do not) also own the adjacent parcels of land. Present use of property: residential ___pother (specify). Zoning District: L____________________________ APPLICANT Phonefliome) IQ Name S4r<Jor Phonefwork) -__ Address: U'?r’'c=r (7 City: aJo_________Zip: OWNER (if different than applicant) Name________^ \________ Phone (home). Phone (workX Address:City:.Zip: crxj " ' ^DESCRIPTION OF REQUEST Estimated Construction Cost $ V. aoo Describe request in detail: ~Tr> CcnsVv^e> ■ »\ ^irr..->* <?•<" V'>r_->.‘>w{_.Ta^^^\\ « (attach additiohal sheets if necessary) VARIANCES REQUIRED Lot Area Lot Width '0, 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 conditic^ preventing compliance with Zoning Code requirements: Vt: _oj_fZJ±£_jQ£iN<; rr vv-r^; < pe^ •-> • 1. 2. 3. 4 REQUIRED SUBMITTALS All of the following information mu*t he submitted by the-appli(;Mion-.4g»dling dfttgja order for vour application to be considered compIctCt Completed Appl'cation Form • Certified Property Owners List of owners within 150’, labels and plat map (you must obtain this list, labels and map firom Hennepin County Department of Finance, A-603, Govt Center, 348-3271). (O Certificate of Survey (signed by a Ucensed surveyor) and include hardcover calculations as required. In addition, provide one (1) copy 8V4 x 11 for reproduction. . ^ ^ - Topographic survey (existing ai . proposed elevations) if any changes m existog grade are proposed. In addition, provide one (1) copy 8V^" x 11" for reproduction. Sketches or plans of floor & elevation views (provide one (1) copy 8‘/a" x 11"). V List of the legal names (include marital status) of all persons with an interest in the property. This would include name(s) of appUcant(s) if not current owner(s). As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. __ Additional items as may be requested by City staff. , The Applicant and Property Owner must sign this application. Please remember that yPUE variance aDpliration is not complete if the above information ha? flPt indvdeiL 5. 6. 7. 8. i—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 origmal fee paymeirt)^i ,• and/or consultant expenses incurred in Review of this app^ation, and certifies that e , ^ information supplied is true-and^corr^^to the^^^^ ^hi^e^^nm^^ ^ Applicant’s Signature ’ OWNER’S SIGNATURE ^ ^ ^ ^ The owner hereby acknowledges and agrees to this application and further authorizes reasonabl<^.jqi^ entry onto the property by City staff, consultwts, agents, Commission members, and Council members for purposes^^^f inye^i^ation and v^^catio^^^lS- / rC 7 - 2 ! o C4late :< ^Owner's Signature ^ y ^- o AppUcant must have aU submittals into the City offices 25 days before the Pl^g Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants roust be present at all scheduled review roeetings of the Planning Coromisslon and Council. If an applicant is unable to attend a scheduled meeting p eue make arrangemenu to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. •• >j I (we) Adjacent Property Owners' Acknowledgement Form fu.vr(>e.. of ^ ^n. I [print name(s)][print address] of the property locatedhave reviewed Ae plans for the proposed improvement or proposed use of t at L r, /) rf-f hv.x ^ Application No. ,I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor’s project or use requires Council approval. A — Property Datfe' i I s } \ 3 Property Owner Date **#♦*♦♦♦ ♦♦♦♦*♦♦♦♦♦♦*♦♦♦♦♦♦♦♦**<»*****************•************** *************** I (we) [print name(s)][print address] have reviewed the plans for the proposed improvement or proposed use of the property located also referred to as Land Use Application No._______.. I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the ity Council that I (we) am (are) aware of the improvement plans and that the proposed neighbors project or use requires Council approval. Property Owner Date DateProperty Owner If you have any infonnaUon that may assist the City in the review of this Land Use Application, please submit your comments to the BtiUding & Zoning Office at least 10 days prior to the scheduled meeting date. 8 itoo 1200 i ’V \ \ Claufn Lake \ ORONO |ui i/> ton If usf UU II I V A Xtjiweti Bay s aim (16) ^ _...i.v -................. R MBo**e*y gn yn 29T.I3 % . **i. if 24 V<-.-r^l*325 s •<f8-e (3) V f ««i C9 ry* »2 o £ 8Di.’4 It.vf- ! “I ; ! I i li s . .JJtA toQJ?__: i ! ‘ »{ :U-^i hXc' F=^w t I < 1 f 1 i i ZiCKMi : rI 1 :__: I I % •i it 5 ^ c H ibiTTM 1 iUN DATE ttS/17/99 BATCH SID HENNEPIN COUNTV PHOPERTY XNFORNATION SVSTEN PROPERTY OIttffiRS LIST REPORT NO. PIAS5AR1 PAGE 2A PROP AOOR ONNER NANE TAXPAYER NANE/AOOR SO S1-11S-2S 22 •tt2 . 047AS HATERTOHN RD DENNIS CENE ESTERLY DENNIS GENE ESTERLY A7A5 HATERTOHN RD HAPLE PLAIN NN 55359 SB S1-11S-2S 22 tots 097B5 HATERTOHN RD N A STALOCH A R J STALOCH NATTNEH A B ROBIN J STALOCH 4705 HATERTOHN RD NAPLE PLAIN MN 55359 . SB 31-11B-23 22 0005 04720 HATERTOHN RD ROBERT L PIERCE ETAL ROBERT L PIERCE 4720 HATERTOHN RD HAPLE PLAIN NH 55359 PROP ADDR ONNER NANE TAXPAYER NAHE/ADDR SB S1-11B-2S 22 0006 04660 HATERTOHN RD H H B S E LURTON H H LURTON I S E LURTON SISS JANCSTOHN RD LONG LAKE NN 55356 3B S1-11B-2S 22 OOOB 006S0 DEBORAH OR 6 T KARLEN B N J KARLEN GREGORY T KARLEN 6S0 DEBORAH DR HAPLE PLAIN HN 55359 SB S1-11B-2S 2S 0005 00560 DEBORAH DR H G LUTH B J NARCOUX LUTH H G LUTH B J NARCOUX LUTH 560 DEBORAH OR HAPLE PLAIN HN 55559 PROP ADDR OHNER NANE TAXPAYER NANE/ADDR 70 56-110-24 11 0007 04B25 CO RD NO 6 BARBARA J LEFKY BARBARA J LEFKY 4B25 CO RD NO 6 HAPLE PLAIN NN 55559 70 56-11B-24 14 0002 00070 ADDRESS UNASSXCNED H G LUTH B J NARCOUX LUTH H 0 LUTH B J NARCOUX LUTH 560 DEBORAH DR NAPLE PLAIN HN 55359 TOTAL BATCH 50B OOOOB I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORHATION AS XT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTHENT OF PROPERTY TAXATION, TO THE BEST OF HY KNOHLEOCE AND BELIEF. DATE 1 • •••HAM)COVER CALCULAXION-^RKSHEET SETBACK ZONE: (CIRCLE ONE) 0-75’ (^W-250’ 250-500’500-1000’ A. House Lissdi X X X B. Garase * • C. Driveway / .. •X X D. Sidewalk X X E. Fatio/Deck F. Landscape Uoderialn By Plastic Or Fabric X X X G. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A . + B . vnOVOSED HARDCOVER IN ZONE A. House _____________ X Leofd: HO 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 G. Other S.F. Wtddi S.F. S.F. S.F. S.F. ^ •• •# • ■//T* ' • •\0 R<rCd' S.F. S.F. S.F. S.F. S.F. S.F. SJ. S.F. 5.F. S.F. S.F. S.F. xlOO P.l'% S.F. Wtd& 1120 S.F. S.F. S.F. S.F. 2l^cc S.F. S.F. S.F. S.F. S.F. S.F. A B S.F. S.F. S.F. f S.F. TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A _ _ _ _ __ _ + B . I H'ti''/? -6g^S.F XlOO ^5 S.F. % #••• •. H haiidcover calculation wo SETBACK ZONE: (CIRCLE ONE) 0-75’ 75-250’500-1000’ ^YTgnNG HARDCOVER IN ZONE A. House ____________^ X Liaftli WUdi B. •Gaxige * • C. Driveway D. Sidewalk E. PaUo^Deck F. Landse^ Underlain By Plastic Or FAtic X X X X X X X X m G. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A '_ _ _ _ _B .xlOO - PROPOSED HARDCOVl^ IN ZONE A. House ______________ ^ Leogilx Wtddi B. Garage C. Driveway D. Sidewalk E. Pacio/DKk T. Landscape Underlain By Plastic Or Fabric X X X X X X X X X X X X G. Ocher TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A + B S.F. • S.F. S.F. s.p. . S,F. • S.F. S.F. S.F. S.F. S.F. S.F. SJ. S.F. 'SJ. S.F. <S0i_S.F. S.F. I % 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. XlOO S.F. S.F. S.F. % • . To;Chair Hawn and Orono Planning Commissioners Ron Moorse, City Administrator From:Paul Weinberger, Zoning Administrator/Planner Date:September 9,1999 Re:#2522 The Bancor Group Inc. Southwest comer of County Road 6 and Willow Drive North (Willow View) Zoning District:RR-IB, Single Family Rural Residential, 2 Acre minimum lot size Comprehensive Plan: Rural Service/Rural Residential (2 acre) Site Area:58 Acres (51.81 Acres dry buildable) Proposal:49 Lot Subdivision - Single Family Units Exhibits: A B C D E F G H I J K L M N Application Applicant Letter Dated August 18,1999 Reduced Site Plan/Survey Sewer/Water Extension Map Road/Trail Engineer Comments Land Use Map Comprehensive Plan Map Section 10.20 R-IA Zoning District Standards Section 10.32 Planned Residential Development Property Owner Notification List Plat Map Planning Commission Minutes (July 19,1999) City Council Minutes (August 9,1999) Pertinent Code Sections: 1. Section 10.20 - R-1A Zoning District Standards 2. Section 10.32 - Planned Residential Development 02505 Tht Bancor Croup 2445 County Road 6 (County Road 6 and Willow Drive North) Subdtvision/Rtzoning 9/20/99 pagt-l 3 MTTTF-Ti* r§TiTiit»sriT«i V) otsize nx*w [tfl (HTH [•] fu««] p.ifT«yixt liKiit rtiiinit rt v:ri«:T •] •] I i vt HIM im •'.144^ ii e. UJ »tJ rtxsiira rtiiuti ilKiVA'ili nil iTiX irxi]^i]ir<^kAYiWi mr xir^i UMi ilJilt -IriiillflCi •i-mip ^:liliT4» iliil;^ Ilnr^ji iTiTi llOliF ^iiw^iiii-iiii iir-ii r*hT*i0]M.wid0in*i T' 0 r0 mi£ur0i The City changed its Comprehensive Plan to reflect medium density residential for the property located directly south of the proposed development. Medium density residential will likely be townhomes. It is the intention to extend Kelley Parkway to Willow from Old Crystal Bay Road. Properties located to the south of Kelley Parkway and north ot Highway 12 are guided for office uses. Rezoning The proposed rezoning of the site would allow higher density development The property could not sustain a rural style development with individual septic systems due to the high water table and soil types present. The surrounding properties to this site include the Shadowood Farm development (two acre density east of Willow Drive), low density residential (two acre north of County Road 6), Orono School Campus (Future Middle School Site to the west) and possible townhome/office use along Highway 12 and Kelley Parkway (south). It may be appropriate to utilize this property as a buffer zone between the mixed uses surrounding the proposed development. Rezoning the property to sustain a one acre development may be appropriate for this area because sanitary sewer service is available. The property is located within the MUSA allowing for the provision of sanitary sewer. The rural two acre zoning district requires more land area for private sewage treatment systems. In addition it is more efficient and cost effective to extend sewer and w ater service to an area of higher density. Simply put, more lots will decrease the flnancial burden to each new lot for construction costs involved with infrastructure improvements. Developing as a PRD would allow for the creation of conservation outlots along County Road 6 and W’illow Drive allowing for the highest concentration of lots being located writhin the interior of the property. The Planning Commission should consider the following issues in discussing rezoning the propeitv: 1. If the City is to consider rezoning of property for residential purposes is this the appropriate location? The property is located southwest of the County Road 6 and Willow Drive North intersection. The property located north of C.R.6 and east of Willow Drive is zoned and developed as two acre rural residential. H2505 The Bancor Croup 2445 County Road 6 (County Road 6 and Willow Drive North) Subdiviston/Rezoning 9/20/99 pagt-S dnot 1 soil :nsity chool hway zone cause 5r the rivate ;rand urden 6 and of the 2. The Orono School district has started construction of the new Middle School on property located directly west of the site proposed for rezoning. Concept plans for future development south of the property include possible townhomes and office uses. It may be appropriate to develop at a higher density to create a transition between the lower density the north and east to the more concentrated land uses of the schools, municipal offices and potential higher density to the south. Is developing as a PRD the best way to create buffer zones to protect property and concentrate development? The proposed site plan shows three outlots that would be established as conservation outlots. Outlots A, B and C provide a buffer between the roads and adjacent property to the proposed buildable sites. There is concern about development close to County Road 6. Outlot A will remain as open space. The nearest lot is 150' from the right-of-way, therefor the closest a house could be constructed to C.R. 6 would be approximately 200'. If the property were to develop with standard lots in the RR-IB district a residence could be located only 50' from the right-of-way. The same is true for Willow Drive. Only five buildable lots are shown adjacent to Willow Drive. Under a typical development, not a PRD, the property could result in many additional lots being located directly on Willow. The conservation outlots would provide natural open spaces benveen future housing and existing lots. Wetlands igthe is the North ed and The site does cortain several City protected wetlands. Any proposed alteration of a wetland will require a variancf. from the City. Wetland alteration will also require outside agency review by the Minnehaha Creex Watershed District, DNR and the Corps of Engineers. All wetlands designated by the City of Orcno are not included as lot area for the purposes of zoning. Wetland Delineation report, completed by Kjolhaug Environmental Services Company (August 25, 1999) has determined the total acreage dedicated to wetlands within the 58 acre site is 6.54 acres. Acres Dry 51.89 Acres Wet 6.54 Total Acres 58.43 Any filling of wetlands will be mitigated on site. The previous proposal mitigated within the open space outlot to the north. IH505 The Bancor Croup 2445 Ccmnry Road 6 (County Road 6 and Willoyr Drive \orth) Subdi\ision/Rezoning 9/20/99 pagt-4 . %% « >pcrty pment ate to deast ligher y and utlots. posed \ will )sesta ere to ' from i^illow ttional I open dwill by the piated eation mined fopcn Grading and Erosion Control Plea, refer to a.e enc.0^ to of *e ctost pond. Recommended is for Are snbdivider to "/"grading plan indicating sniuble building sites prior to plat approval. liom sewer and ponding calculations should be submitted for review. Access/Streets/T rails NO lot vridun dus proposed ^velopment ™ 6 All lots would be required to access a newly platted street. Lots A. 5 ana o, d lots, however Willow Drive would be considered the tear yard. The existing grade is generally even, therefore there are no issues with the slope of the proposed streets. Final plans should provide horizontal and ve«ic^ curve Mormtionfm^^^^^^ terSl”"o'Sl " currently shown on the plan, property. 1. Easements standard drainage and utility easements along the property lines will be required for the final plat. Conservation easements shall be created to ensure the outlets remam as open sp . SubJivislon/Kezonmg 9/20/99 pagt-S 3.Trail easements shall be created along Willow Drive and County Road 6 for connection to regional trail systems. The survey shows a proposed trail through the property. Another trail has been proposed to connect the neighborhood to the school property to the west. Road rough posed idards public feet is 5. The ty and placed School Park Dedication Fee 8% of the land value, to be determined by the City Assessor, will be required for Park Dedication Fee. The City of Orono has established a minimum park dedication fee per lot of $2,900 and a maximum of $4,900 per lot. Sanitary Sewer and Municipal Water Connection The property is located within the MUSA boundary allowing for sanitary sewer connection. The developer will be responsible for providing sewer and water to the site. Sewer is located along Highway 12 and will ^ installed along Willow Drive to the development Estimates for sewer and water connection are approximately $9,250 per unit, not including the construction cost. Easements along the streets may not be required Lr the public utilities if the roads are developed as public streets. The City Engineer has reviewed the preliminary water and sewer plans and has determined capacity exists to allow 49 additional units. In Mr. Kellogg's comriiCnts (Exhibit F) he has noted that the proposed temporary bypass lift station along T.H. 12 needs to be in place before sewer service can be provided to the Willow View site. The proposed water main shown between L cls 12 and 13, Block 3 should be extended westerly and tied into the 12-inch water main installed as part of the new Orono Middle School project. Final sewer and water plans shall be reviewed and approved prior to final review. Issues for discussion 1. the final ponding 1 restrict ipose of the site. Due to the topography of the site, and grading that can occur on site, it appears the propr.. • could sustain a development of 49 units. The main issue for the Planning Conunission lO discuss and make a recommendation upon is the rezoning of the property' from RR-IB (2 acre) to (R-1 A) one acr^. ;f a rezoning is approved, a recommendation on the conditional use permit to develop '4 f RD is appropriate. The development would serve as a buffer between the lower density residential development to the north and east vs. the other land use types to the south and west. Outlot A will be created as an open space/conservation outlot to maintain a rural appearance fi’om County Road 6. Is the outlot large enough to achieve this? Applicant has proposed a plan that would result in the nearest home located approximately 200' from the traveled road. 1^2505 The Bancor Group 2445 County Road 6 (County’ Road 6 and W4low Drive Sorth/ SubdMston/Rezoning 9/20/99 page-6 2. 3. 4. 5. Should the development density include land dedicated for purposes other than open space? Park dedication fee shall be equivalent to 8% of the value of the lot with a maximum of $4,900 per lot or a minimum of $2,900 per lot. The Code does address land dedication for park space rather than a cash contribution. Trail development could potentially reduce the cash portion of the park dedication. Five lots will be immediately adjacent to Willow Drive. Detailed grading and drainage plans shall be provided with application for final approval. Several berms are proposed throughout the development and many lots will require regrading for raising the basement level of the homes. Complete, detailed grading plans shall be submitted for further Staff review. Standard setbacks for the R-IA (1 acre) zoning district are the following: Lot Area Lot Width Front Yard Setback Side Yard Setback Rear Yard Setback Side Adjacent to Street 1 acre 140 feet 35 feet 10 feet 30 feet 35 feet The Planning Commission has the following alternatives to consider: A. Recommend approval of the rezoning, Comprehensive Plan Amendment, conditional use permit for a PRD and Preliminary Plat, or approval of any one of the above requests. A recommendation of approval for any of the listed requests would appear on the next available City Council agenda. B. Reconrunend denial of the rezoning request. A recommendation of denial for rezoning would include denial of the Comprehensive Plan Amendment, conditional use permit for a PRD and the Preliminary Plat. C. Tabling the application if more review is required or additional information is requested by the Planning Commission. The applicants shall be advised the following information is requested to complete the review prior to a final plat application. t230S Tkt Bancor Group 7445 County Road 6 (County Road 6 and Willow Drtvt Sorth) SubdivuiOfu ’RczonIng 9/20/99 pagt-7 1.Detailed Grading, Drainage and Erosion Control plans shall be submitted for review as requested by the City Engineer (Exhibit F). 2. 3. Final plans for sewer and water extension shall be approved by Staff prior to review. The Metropolitan Council shall approve a Comprehensive Plan Amendment from two acre Rural Residential to one acre Urban Resident!^. 4.A drainage area map, storm sewer and ponding calculations should be submitted for review and approval by St^. All ponds shall meet NURP standards. 5. 6. A permit from the Minnehaha Creek Watershed District is required for site land alteration. All easement documents for trails, utilities, drainage and conservation land shall be approved by the City Attorney. 7. Final plans for the construction of the roads shall be submitted for review. 42505 Thi Bancor Croup 2445 County Road 6 (County Road 6 and Widow Drive Sorih) Subdtvtston/Rezonmg 9m^9 pagi^ 2C22.A Application U Date Received S~ Amount Paid 9 CITY OF ORONO - SUBDIVISION APPLICATION PROPERTY LOCATION ^ ^ . Site address co*^'**. **» * T.HWS" C»v<^r><__ Property Identification Number (PID) 2S- i>8- ^3* hh ~aoq \____________________ Please check one - Property ^ abstract or_____torrens? Attach legal description to application. applicant Name v Axc »<. ^h>c. - p~^- wa ^iv NJ Address 152» - 1*^^. AJt City Mm Phone (home) (gr<»Sr>* ««>3 1 Zip Phone (work) OWNER (if different than applicant) __ Name 6i*»»o E* , A^p> Address M5Po U>>*t ^M**~ s>- _________ Lau 3 Phone (home) City r^»t5 H m (attach list if more than one) ZipPhone (work) un-^iz-nnj EXISTING LAND USE Number of Tax Parcels DeyelCf-ment Size I (p.-sN Present use (check) Vac.a*j^ Acres Dry Land Acres Wet Land Acres Total, all parcels Residential; no. of units Other (specify) Present Zoning District RR-lP) PROPOSAL __________ Division for Ta< ' <> t* __________ Lot Line Rearra:.* * (no new buildling sites) ____X Subdivision for New Building Sites Number of Building Sites O Existing Units New Units Total Units . •'v /.? • ». • • 1 Proposed Gross Density Minimum Lot Size Proposed Use (check) V___Units per Acres > & Sq. Ft. Dry Buildable Land ^ Residential Other (specify) THE BANCOR GROUP, INC. 152194th Lane N.E. MINNEAPOLIS, MN 55434 (612) 782-8974 Facsimile (612) 782-8975 D August 18,1999 Mr. Paul E. Weinberger Assistant Zoning Administrator City of Orono 2750 Kelley Parkway Orono, MN 55323 Dear Mr. Weinberger: Enclosed herein for consideration by the City Council, Planning Commission and city staff is a preliminary plat application for the approximate 58 acre parcel located at 2445 Coimty Road 6 which is at the southwest quadrant at the intersection of Willow Drive and County Road 6, in Orono. Our proposal also is that the property be rezoned to R-IA/PRD. Our proposal is to plat the property into 49 single family homesites which would be serviced by city sewer and water. In addition we would have three outlets. Of the total site, 6.54 acres are wetlands. This results in 51.89 acres dry which provides for an average density of 1.06 dry acres per lot. In designing this neighborhood, we have attempted to be sensitive to various concerns. As a result our application incorporates the following featvu’es: 1. We have attempted to lessen any adverse impact on adjoining neighborhoods. There are five lots which abut Willow Drive with all lots facing interior streets. Additionally these lots are set back from Willow Drive by a trailway and berming. This is an increase in one lot from our concept plan but was necessitated by the desire of the Council to have our northerly street intersect with Shadowood Drive. There are no lots abutting County Road 6. 2. In our application, the nearest home would be approximately 240 feet fi-om the edge of the right of way for County Road 6. We are proposing to construct enhanced ponds, berms and landscaping in Lhis area. These enhancements in conjunction with the large setback will lessen any adverse impact on the views when traveling on County Road 6. 3. Since the time our concept plan was prepared, we have had the wetlands delineated. We have designed our plan to minimize any adverse impact on the wetlands. Our plan only requires minimal filling along the edge of two ponds. Of course before this could occur we would need to meet the regulatory requirements, which also involves mitigation. In addition, we would propose enhancing several of the wetlands by expanding and deepening them. 4. Our concept includes a trailway that follows both the east and north borders of the site. These trails are outside of the current road right of ways. While it will be shown as part of the grading plan rather than this preliminary plat, we also are proposing a trail connecting this neighborhood with the community facilities to the west. 5. We have also provided for extensive open spaces so that our community will provide a transition with the larger lots to the north and east. As a result the three outlets combine /V t A r ^ f y' I i f/-'A V city • es • « suit y" i ;■ \D % re five s are om r the and ill We ly we ming e. art of cting iblne for a total of 21.7 acres of open space or approximately 37% of the overall site. . I understand that our request will result in a rezoning. We believe that this request is appropriate due to the transitional nature of the site. With large lot residential to the north and east as well as public properties to the west and potential commercial or high density residential to the south, this site needs to serve as a transition. We believe that the R-IA zoning in combination with a PRD provides for this. In our proposal we have created significant buffering firom the abutting properties yet we have kept the lots with an average density of greater that one lot per one acre of dry land. Additionally as we addressed when we presented our concept plan, we believe there is a community need for lots that are smaller than the typical two acre parcel. We believe that our appUcation is a sensitive method of addressing this need at a location that will have little or no adverse impact on adjoining properties. For these reasons as well as those previously referenced, we beUeve that our proposal would be a valuable addition to the neighborhood and community. We imderstand we will be scheduled to present our plan to the Planning Commission on September 20 and to the City Council on October 11. We look forward to the opportunity to further discuss our application with both bodies.. Smcerely, David P. Newman President cc: John Schulties Marty Campion V- ' I m 0 c . t r~ O' 4f- Ti“ITnnnnnnnnTInnnn nnnnnn nnn n n 1e!!IIIIIIIIIIIIIIIIIIIIIIIIIII m^rn III mmM III B a III B M ■ III mmt III mmM IIIIII B fli i III ■ ■ ■ III ■ ■■ III ■ ■1 III ■ ■■ III ■ ■1 III ■ ■1 III lai III ■■I III ■ ■1 II: Saia 818!8lli8!S8SB8B I88BI BB»;sa95s|! •;? S!?;!i:a3«:!i:;!;n:t|!5!5 !55!!k? ill ill iiiiiiiiiiiiiliiiiilllli iiliililNoanov S3aiU3<K»M MOTIM S10 - ^ON-HVSO^ -------------8AV^J*fS !IB! iiliiiii lir- 5 o m o i/I o X o o f n K ? Z in z Mi Bonestroo Rosene mrwj Anderlik & Associates Engineers & Architects September 15, 1999 Mr. Paul Weinberger Zoning Administrator/Planner City of Orono Post Office Box 66 Crystal Bay, MN 55323 Re: Willow View Subdivision File No. 139GEN-2522 Scn^itroo ^isociAtei. Inc an Affirmative Actfon, iquai Cpport^rit/ £rnpioyer ?^>rc pals Ct:o G 3ore.:r30. • Joseph C AncJcrii*«. I Sorvjiid. P.£ • Glenn R Coo«. p£ • ?oCea G Schumcnc. PE • Jerry A. Bourdon. p£ • RoOerc W Rosene. ?£ . R»cn,vd E Turner. P£ and Sus.in M EOerim. C PA . Senior Consultants Associate Principals Howard A Sanford. PE • Keith A Cordon. P£ • Rooert R. Pfeffene. PE • Richard W Poste' PE • David O Losiiota. P£ • RoDert C Russck. A 1 A • Marie A Hanson. P£ • Michael T Rautmann PE • Ted K field. P£ • Kerwieth P Anderson. PE. • .Vtark R. Rolfs. PE • Sidney P Xiiiiamson. PE. L S • Rooert f Kotsmith • Agnes M Ring • Allan Rich Schmidt. PE Offices St Paul. Rochester Wiiimar and St Cloud. MN • VMwauhee. ’JUI Ureosite wwwOcncstroo com 1^1 1 I Wl ,Q Dear Paul: We have reviewed the preliminary grading and utility plan for the proposed 49 lot Willow View subdivision. The site is located west of Willow Drive and south of County Road 6 in the southeast quarter of Section 28. We have the following comments in regards to engineering matters. 1. Sanitary Sewer; The preliminary sanitary sewer design appears acceptable. It should be noted that the proposed temporary bypass lift station along T.H. 12 needs to be in place before sewer service can be provided to the Willow View site. Final plans should include plan and profile views of the proposed sewer, sewer service locations and sanitary sewer details. Sanitary services should be located 3-feet downstream from water services. All sanitary and storm sewer manholes are required to have an e.xterior sealing sleeve as manufactured by Infi-Shield or an approved equal. Any connections to existing manholes shall be core drilled and a rubber boot installed. 2. Water Main: The proposed water main shown between Lots 12 and 13, Block 3 should be extended westerly and tied into the 12-inch water main installed as part of the new Orono Middle School project. The water main alignment should coincide with the utility easement on the school property located just south of the soccer fields. We also recommend e.xtending the 8-inch water main northerly to the intersection of Willow Drive and County Road 6. This will allow for a future connection to the City of Medina’s water system. Final plans should include plan and profile views of the proposed water main, water main details and service locations. All water main shall be poly wrapped. 3. Grading: We recommend that the lowest basement elevations be at least 2-feet higher than the high water level (HWL) of the closest pond. Proposed basement elevations on some lots on Blocks 1,2 and 3 do not provide this 2-feet of freeboard. We would recommend revising the grading plan or basement elevations to allow a minimum of 2-feet of freeboard. It appears that ponds located in Outlot C will flood the property to the south when they reach their HWL. We recommend revising the proposed grading plan so that ponded water is contained to at least 0.5-feet above the HWL. Block 5 appears to have a low, landlocked area behind the homes. This will result in drainage problems and additional storm sewer may be necessary. An erosion control plan should be submitted for review. 4. Storm Sewer: The draft version of the City’s Surface Water Management Plan (SWMP) shows that this site lies within the Long Lake drainage district. The proposed grading plan shows ponding throughout the site. It is unclear how alt of the ponds are supposed to function. None of the ponds has an outlet shown. The pond in the northwest comer of the site has no inlet or outlet shown. The pipe shown between Lots 6 and 7, Block 3 outlets to a wetland. All storm sewer should outlet to a ponding area. All ponds should meet NURP standards. Ponds should have a 10:1 aquatic bench at the pond’s normal water 2335 West Highway 36 • St. Paul, MN 55113 ■ 651*636-4600 • Fax; 651*636*1311 emptoyer level (NWL). All ponds should have an outiet structure and provided a minimum of 1-foot of skimming to remove floatables and debris. Riprap should be provided at all inlets and outlets. Storm sewer should be reinforced concrete pipe. Final plans should show plan and profile views of the proposed sewer and include storm sewer details. A drainage area map, storm sewer and ponding calculations should be submitted for our review. Final plans should be submitted to the Minnehaha Creek Watershed District (MCWD) for their review. 5. Streets^rails: Final plans should provide horizontal and vertical curve information for all streets. City standards do not allow for more than 10 units to be served by a cul-de-sac. City code requires that a public street serving more than 10 units shall have a minimum paved width of 32-feet where 30-feet is currently shown. We recommend that the trail typical section be revised to show 3-inches of bituminous. Street and utility record plans should be provided to the City after project completion. 6. Financial Guarantee: When the plans have been completed we will prepare an estimate of the total cost for the site improvements to determine the amount of the financial guarantee required. The developer will also be responsible for all pertinent City charges including, but not Umited to, trunk sewer, trunk water and park dedication fees. Please contact me at (651) 604-4863 if you have any questions regarding this matter. Yours very truly, BONESTROO, ROSENE, ANDERLDC & ASSOCIATES, INC. Tom Kellogg Cc: Greg Gappa, City of Orono 3tthis ghout outlet hown a. AU water A i *•.« I . -- aw* I • I : 8 ! % k « 1• hP^ —7!---—»t1•y ! «' ! * ■ 1«I'1 ^ ^ ! M* -•\•‘!i /K «.I •vT ii • • • 4 --------->WBW«wH r» - s-S'1• 1 •«ia< P **'j « -i j| -1k»n*': i*Si »t i I, i 5 ^ • / - . VA ii*l •1 I- 1 /4 5 t •V?T VlllUV--------M.- « « liMtA* Mt • .1 I *• - '! • ^ I — * I • iMu «' rfEii •-ri » r\ ■® ‘- g J ‘■i, UM •* fM •*r^r —^—tv/T-1 i-1 !j -Jm-P..M • 1* • kNMUMtW <M* w ii -■!-* ^ « • ”* i '■ V'^:i; i'vy*^»»- -.kxj • • 71 r I - I ^•* IF *** 7*1—« - M »|jf»m»i» •i<t*r’; « ( I-1* • *4 rrfTTPWJP WTPhi.Ii* i* i* • !• rl# ;jj ** • »' *J hnjCL I i a I /•V'"* • . •;' \> 1 0 © /\[ A !.\^ /® ■W*'vr»i' \ I I S ^ a ! i. I H|%i] I’fl------------------------- ‘■aWT-Y^'1 >03 C/)IrC/3nTc -H~^~ m y c/)>C __z 770 O C ve C C r >05c/) \ v? \ V..<1<»tw'*»—• / :\3m i V ' V'liM ^v... •'•.'«■!'f l -A-' l ‘ j I *%J4iWfr A Wi 1 \ iS I ‘‘I ^ \ - I iiliiiiiiii■>u::::::::: Pv^4 ^19 ^juj. ®^yt \v '* ' K'*^# V s. t ■ I -<1 -(^\T• JiV >2 m I I m I ^ j ■L<' m i t- y I I I■ I .1 * jsr*- i.*. . A. (2 I i I structure § 10.20 SEC. 10^0. R-IA ONE FAMILY RESIDENTIAL DISTRICT. Subd 1 Purpose. The "R-1 A” One FarnHy Residential Dis^ct b intended to * "" byToSSal” e P«nni,. sSu toe ^..^4 access .o highways and pubUc sanitary sewer. Subd. 2. Pemritted Uses. Within any "R-iA" One Fanriiy Residentiai District, no structure or iand shaii be used except for one or more of the foUowmg uses. A. One family detached dwellings. B. Public owned parks and playgrounds. C. Municipal buildings. Subd. 3. Conditional Uses. Within any “R-1 A" One ^ or land shall be used for the following uses except by condmonal use permit. A. Schools. Public schools and parochial or private ^ of playground space per pupil. 1. Uses Accessory To A High School. The following uses are accessory to a High School use and require a separate conditional use penmt: a Indoor Ice Arenas. All such faciliUes and structures stall Selocatedonthesametaxparcetotheprincip^M^^^^^^^^ such structures shall be located less than e . . , jjj school use by a public road. District. Such facilities shall not be separated fro™ p ^. . . «o«.nrofit organization SltuchfaciUtiesshallbeownedando^ta^^^^^^^^ under a land lease arrangetnen wi Council shall demonstrate financial capability final Conditional ^ prodding sutoble documentation that at least eighv pe“em r804)X « proiecuosu me in dte control of dte school district or non-profit lessee. Source; Ordinance No. 145,2nd Scries EffecUvc Date: 3-11-96 \ I I I ORONO CC 279 (4-1-84) § 10.20 B. Churches. Churches including those related structures located on the same site which are an integral part of the church proper, convents or homes' for persons related to a religious function on the same site provided no building other than a residence shall be located wjthin fifty feet of any lot line of an abutting lot in an "R" District. C. Clubs, Camps, etc. Golf courses, country clubs, tennis clubs, public swimming pools serving more than one family, scout camps, YMCA camps, YWCA camps, church camps, or private non- profit parks, playgrounds and other similar uses. The principal structure for any of the above listed uses shall be 100 feet or more from any abutting lot in an "R" District, and accessory structures shall be a minimum offrfty feet from any lot line. D. Public Service Structures. Public service structures, 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 «n 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 improvement projects shall not require a conditional use permit but such structures shall be subject to all other appropriate standards set forth in this section; amenc’ments to approved plans involving design and/or placement of these structures will require written I'otice by the City to all affected property owners 14 days prior to the adoption of the ^mended plans by the Ccuncil. Personal \sireless services and ccmmercial broadcasting antermas and towers shall not be considered public service structures. Source: Ordinance 29,2nd Series • Adopted: 2-23-87 Source: Ordinance No. 161,2nd Series Effective Date: 5-27-97 E. Greenhouses. Commercial greenhouses provided all outside storage is fenced in sucj*« manner so as to screen the stored material from view when observed from the public street or ad!- inmg lot. Commercial greenhouse structures shall not be located in a required yard area, and are suoject further to the general zoning code requirements pertaining to accessory structures. Source: Ordinance 72,2nd Series Adopted: 8-14-89 ORONO CC 280 (4-1-84) § 10.20 F. Recreation Areas. Private gun clubs, archery ranges, ski slides, provided the area is fenced and no part of the principal use is less than 150 feet from any lot line. Source: Ordinance 26,2nd Series Adopted: 7-14-86 G. Guest Houses & Non-rental Guest Apartments. 1) Guest Houses. A separate dwelling constructed on an existing undivided lot for the sole use of the occupants of the principal buildings, including their domestic employees or their non-paying guests. All regular lot requirements shall be met by the guest house. Source: Ordinance 29,2nd Series Adopted: 2-23-87 2) Non-rental Guest Apartments. An apartment within the principal resideu-.i structure on a lot for the sole use of the occupants of the principal residence, includiug their domestic employees or non-paying guests. There shall be at least one access door to hie apartment from within the principal structure, and such door shall be the primary access to the apartment. Application for such a guest apartment shall address the concerns of parking, sewage treatment, entryway and interior access method. Such apartments shall not have utilities metered separately from the principal residence utilities and shall not have a separate street address. Source: Ordinance 29,2nd Series Adopted: 2-23-87 H. Planned Residential Development. Limited to detached single family dwellings only and subject to the limitations of Section 10.32. I. Duplex Credit. One duplex may be located on a single lot as a conditional use upon application therefor provided that public sanitary sewer service is available, and the lot is adjacent to a commercial or industrial district, or within (250') two hundred fifty feet of the B-3 District, and the duplex is constructed within 200 feet of the commercial or industrial district. A duplex is defined as a two-family unit residential building. Source: Ordinance 178,2nd Series Adopted: 12-8-97 J. Apiaries. ORONO CC 280-1 (4-1-84) 1 § 10.20 K. Antenna-Stnieture. One independent ontenaa atnieture wth ontenaa er af anteima attflehed thcfcto, subordinate to and aen'iemg the priaeipal uae er stmeture en the aame lot and eiatomarily incidental thereto that ia not attached to anotherstnietufc provided the height of the etntenna structure doea aot exceed 65 feet and the antegna .«»tfuetiife 13 3Ct back from aay let line a diotanee at Icaat equal to the-total height of the anteana-atweture: Source: Deleted via Ordinance 161,2nd Series Effective Date: 5-27-97 L. Farms (Crop and stock). Provided that the area is ten or more acres, M. Animals. The keeping of domestic animals for non-commercial purposes including horses for the use of the occupants of the premises. A minimum of one acre in aggregate, exclusive of one acre for the principal building, must be available for each animal umt, except as hereinafter set forth. A minimum of two acres of open pasture must be available for a single horse and one additional acre must be available for each additional horse. When the horses are kept stabled and do not require pasture for feed purposes, the minimum pasture requirement may be adjusted at the discretion of the Council. Such minimum pasture acreage shall not include low lying lands unusable for pasture or grazing. Any person keeping such animals must comply with the provisions of die City Code. N. Stables and Bams - Private. The use of an accessory building for keeping animals for non-commercial purposes provided it is for the non-commercial use of the property owner or resident and meets the available area standards outlined in Paragraph M of this subsection. Further, no such stmeture shall be located less than 150 feet from the nearest adjacent residence and no closer than 75 feet from the nearest lot line. 0. Stables and Bams - Public. The use of accessory buildings or land for the storage or rearing of animals not owned by the property owner or resident. Such must meet the requirements of Sjction 10.03, Subdivision 18. Further, no such structure shall be located less than 150 feel from the nearest lot line. P. Riding Academy. A :;y mch instruction maintained as an accessory use and conducted by the owner shall meet the requirements of Sections M, N and 0 of this subdivision and no such instruction shall occur less than 100 feet from an adjacent residence or less than 75 feet from the nearest lot line. Source: Ordinance 26,2nd Series Adopted: 7-14-86 ORONO CC 280-2 (4-1-84) § 1020 M. Antenna Stricture. One independent antenaa atnieture with antenatf er comblnatiea ef aatenna attached thereio, aubordiaate te aad aetvieing the principal use or atniet^ an the aame lot aad euatemarily iaeldgatal thereta-that is aot attached to aaother gtrueture provided V wwtgwwii -^twietufg rfaea aot exceed 6 5 feet and the aateaaa atrueture 13 set back fr tmy lft» liwe a dtatanee tttleaat equal te the total height of the anteana atrueturer Soureci QrdmaaeeNo. 177 Effective Date; 6 5 75 Source: Deleted via Ordinance 161,2nd Series Effective Date: 5-27-97 Q. Plumbing in Accessory Building. The provision of a toilet, bathtub or showr in an accessory building. Approval shall be conditioned on provision of municipal sanitary sev^-er or a conforming sewage treatment system designed to handle the anticipated flows from the building plumbing. Approval shall be granted only when the following criteria are met: 1. The Council finds that the proposed use of the accessory structure with plumbing will not be detrimental to the residential character of the neighborhood. 2. The Council finds that the plumbing fixtures proposed are in keeping with the intended use of the accessory building. 3. The property is 2.0 acres in area or larger. 4. The accessory building is conforming in location, size and height. 5. The property owner agrees to the filing of a covenant in the title of the property providing that: a. the accessory building will not be used for a home occupation unless specifically approved by City or if allowed by City code. b. the accessory building will not be used as a dwelling unless a guest house CUP is obtained. c. the accessory building will not be rented, leased or otherwise provided for use as a dwelling xmder any circumstances. Source: Ordinance No. 179,2nd Series Adopted: 10-12-98 ORONO CC 280-3 (4-1-84) 10.20 ana Of >vida d [efrem Series ttub or anitary ■omthe tnicture i are in 1 height, the title a home Qg unless eased or nd Series (4-1-84) § 10.20 Subd. 4. Accessory Uses. Within any ”R-1 A" One Family Residential District, no accessory structure or use of land shall be permitted except for one or more of the following uses; A. Garages. Private garages and parking space. B. Pools, etc. Private swimming pool, tennis courts, and paddocks. C. Horae Occupations. Any gainful occupation meeting all of the following requirements when engaged in only by persons residing in their dwelling, when there is no employed assistant, when that occupation is conducted within the principal structure only, when evidence of the occupation is not visible from the street, no signs other than those permitted in "R” Districts are present, no excessive stock in trade is stored on the premises, over the counter retail sales are not involved, the entrance to the home occupation is gained from within the s^cture, and the use does not adversely affect the character of the uses permitted in the district in which it is located. A profes.sional person may use his residence for consultation, emergency treatment or performance of religious rites but not for general practice of his profession when such general practice will mvolve the need for more than three off-street parking spaces for the occupant and visitors. D. Signs. Signs as regulated in the Zoning Chapter. E. Temporary Structures. Buildings temporarily located for purposes of constructing on the premises for a period not to exceed time necessary for such constructing. F. Gardens, etc. Gardening and other horticultural uses including aviaries and decorative landscape features. G. Roadside Stands. One roadside stand offering for sale only farm products produced on the premises provided that such stand does not exceed 200 square feet in area and that it is located at least thirty feet back from the public right-of-way. Source; Ordinance No. 172 Effective Date; 1-1-75 H. Communication Reception/Transmission Devices. 1. Accessory Antennas. Accessory antennas shall be limited to radio and television receiving antennas, satellite dishes, TVRO's, and amateur short-wave radio transmitting and receiving antennas. Accessory antennas that are accessory to the pnncip the propel ty are permitted accessory uses in all zoning districts provided they meet the fo owi g conditions; ORONO CC 281 (4-1-84) § 10.20 1- a. Height A ground mounted accessory antenna shall not cxcedd twenty (20) feet in height from ground level. b. Yards. Accessory antennas shall not be located within the required front yard setback, comer side yard setback or side yard setback abutting a street. c. Roofs. If vegetation or obstructions interfere with satellite signals at a location in any allowable placement area, the accessory antenna may be placed on the roof of an) authorized structure on the premises. d. 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 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 conformance with the National Electric^ Code as adopted by the City of Orono. g. Electrical Code. Acessory 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 Shon-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 towe:, 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. ORONO CC 281-1 (4-1-84) nlfwi <" i InFlWUMlW ioTfTli!MiIl?J!j liCTUnM iifWil iFVifMm!^ [•itlfitj ^nii (MWll T § 10.31 E. There shall be no setback exceptions permitted that reduce any required setback to less than 10 feet. F. There shall be no setback exceptions permitted for any horizontal building addition or hardcover increase of any kind Vrithin 75 feet of the shoreline or within 26 feet of any- wetland. « j G. There be no setback exceptions permitted without a Council approved variance in cases where any existing building is being replaced by a new building, or where the proposed addition, remodeling and/or renovation work constitutes 50 percent or more of the assessor's fair market value for the existing building. In these situations, the new work shall conform to all required setbacks. H. The exceptions authorized by this Subdivision apply only to setback requirements and do not authorize variance of any lot area, hardcover, building height, building area or any other zoning or building code performance standard. Subd. 19. Future Amendments. The "RS" District regulations adopiea by this Section represent an innovative attempt to solve the umque problems relating to historic use and- previously platted substandard lots on the islands while at the same time assuring die property owners of continued reasonable use of their property. It may be found by subsequent City Councils that this Section was not restrictive enough to protect the health, safety and welfare of the citizens and that new development potential granted to property owners by this Section may have to be modified. Therefore, no new development rights granted by this Section shall be deemed to be vested property rights but shall remain subject to future modification by the City. Source: Ordinance No. 246 Effective Date: 1-13-83 SEC. 10.32 PRD PLANNED RESIDENTIAL DEVELOPMENT Subd. 1. Purpose. This plan is available to land subdividers subject to Council approval, as alternative to standard minimum lot size subdivision of land. The purpose of this plan is to enhance the appearance of neighborhoods through preservation of natural open spaces, to counteract the effects of urban congestion and monotony, to provide cohesive structure to neighborhood design, to offer recreation opportunities close to home, and to aid in improving the welfare in general of City residents. ORONO CC 330 (4-1-84) § 10.31 required building ; of any- approved vhere the re of the 1 conform 0 setback Idingarea so by this c use and- E property f Councils be citizens have to be 3 be vested to Council of this plan Q spaces, to structure to iproving the 1-84) § 10.32 Subd.2. Submission of Plans. Land owners may submit land subdivision plans for any "R” District without adherence to minimum lot size requirements for each building lot, provided that the total number of building lots, or dwelling units, shall not exceed the number of such lots or units permissible under the minimum lot size requirements of the zoning district or districts in which such land is situated. Subd.3. Council Discretion. The dwelling units permitted may be, at the discretion of the Council and subject to the conditions set forth by the Council, in detached, attached or multiple family dwelling structures; subject to the limitations provided for in each zoning district. Subd. 4. Open Space, Etc. The dedication, ownership, use and maintenance of open spaces created by the application of the Planned Residential Development shall be subject to conditions deemed necessary by the Council to assure the preservation of such open spaces for their intended purposes. Subd. 5. Dedication of Open Space. The dedication and ownership of such open spaces may be through: (1) Homeowners Association; (2) Landlord Maintenance; (3) Special Service District; (4) Municipal Ownership; or (5) any other method deemed appropriate by the Council to accomplish the purposes of this plan. Subd. 6. Site Plan. The proposed site plan, including location, spacing and basic design of proposed buildings, street and parking plans, water and sewer (public or private) plans, and plans of open space available for park or recreational purposes, shall be submitted for approval by the Planning Commission and the Council. Subd. 7. Hearings. The Council may direct that a public hearing be held to review such plans. Subd. 8. Final Approval. Final approval shall not be granted until all conditions set by the Council are met; and, further the Council shall not approve any such Planned Residential Development prior to the legally binding establishment of the open space dedication, ownership and maintenance provisions, such provisions to be guaranteed by bonding or other means satisfactory to the Council. Subd. 9. Subdivision Requirements. All provisions of subdivision procedure established by the City Code except as modified herein above, shall govern applications under this plan. Source: Municipal Code Effective Date; 9-14-67 (Secti. ns 10.33 through 10.39, inclusive, reserved for future expansion.) ORONO CC 331 (4-1-84) RUN DATE M/ll/RR HENNEPIN COUNTY PROPERTY IHFORHATXOH SYSTEH PROPERTY OWNERS LIST REPORT NO. PI4554RI PAGE 12 BATCH 504 PROP AODR OWNER NAME TAWPAYER NAHE/ADDR 58 2R-110-23 44 0001 •0030 ADDRESS UNASSIGNED MONO CENTER PROPERTIES URONO CENTER PROPERTIES C/0 REXERSGORD LAW PIRN 4500 44TN ST W EDINA HN 55424 38 33-118-23 11’ 0003 00038 ADDRESS UNASS16NED ORONO PLAZA ORONO PLAZA C/0 RE1ERS60RD LAW OFFICE 4500 44TH ST W HPLS HN 55424 38 34-118-23 22 OOOO •0755 DICKEY LAKE DR T 0 ESAU 0 N A ESAU TERRANCE O 8 NARY A ESAU 755 DICKEY LAKE DR LONG LAKE HN 55356 ■ . i PROP ADDR OWNER NAHE TAXPAYER NANE/ADOR 38 34-118-23 22 0010 00765 DICKEY LAKE DR JANES FENSKE JANES E FENSKE 765 DICKEY LAKE DR LONG LAKE HN 55356 TOTAL BATCH 504 00022 I CERTIFY THAT THE FACTS REPRESENTED ARE AN I!?.ecoRDSREPRESENTATION OF IHFORHATION *S*TAP«ARS THIS DATE^ON THE m OF THE HENNEPIN COUNTY DEPARTHENT OF PROPERTY TAXATION* TO THE BEST a. % I “Vv e OF NY KNOWLEDGE AND BELIEF «'M \Mhj) L. mm DATE MTCN SI4 HENNEPIN COUNTY PROPERTY INFOIINATXON SYSTEM PROPERTY OWNERS LIST PROP ADOR OWNER NANE TAXPAYER NAHE/AOOR PROP ADOR OWNER NANE TAXPAYER NAHE/ADDR PROP AOOR OWNER NANE TAXPAYER NANE/AODR PRf^ ADOR OWNER NANE TAXPAYER NANE/AQOR PROP ADOR OWNER NANE TAXPAYER NANE/ADOR Sa 27-11B-23 S2 8002 * 02900 SIXTH AVE N i 0 R 0*R0URXE RARRY I ROBIN 0*R0URKE 2300 4TN AVE N LONG LAKE NN 553S0 PROP AODR OWNER NANE TAXPAYER NANE/AODR 3i 27-110-23 32 0021 00030 ADDRESS UNASSIGNED FULLERTON PROPERTIES INC FULLERTON PROPERTIES INC 400 2ND AVE S NPLO NM 55402 30 27-110-23 33 0009 00740 DICKEY LAKE DR AORAHAN TIIONAS ABRANAN TNOHAS 740 DICKY LAKE LONG LAKE NN DR 55354 30 20-110-23 41 0002 01125 WILLOW DR N W L LESKXNEN I D N LESKINEN W L i D N LESKINEN 1125 WILLOW DR N LONG LAKE NN 55354 30 20-110-23 41 0005 00030 ADDRESS UNASSICNED T i C CARROLL TNONAS P CARROLL 2400 4TH AVE N LONG LAKE NN 55354 30 20-110-2S 42 0004 00030 ADDRESS UNASSICNED INO SCHOOL DIST 0270 CORONO) INO SCHOOL DIST 0270 CORONOI ADNINISTRATIVE OFFICE 405 OLD CRYSTAL BAY RD N LONG LAKE NN 55354 REPORT NO. PX435401 PAGE 11 30 27-110-23 32 0004 01140 WILLOW DR N CLIFFORD ALFRED HILLSTRON CLIFFORD A MLLSTRON 1140 WILLOW DR N LONG LAKE NN 55354 30 27-110-23 32 0013 02350 SNADOWOOD DR J F t J N GROBE JOHN GROBE 2350 SNADOWOOD DR LONG LAKE NN 55354 30 27-110-23 32 0022 01&20 WILLOW DR N JANtS A I BERNADINE A COX JANES I BERNADINE COX 1020 N WILLOW DR LONG LAKE NN 55354 30 27-110-23 33 0004* 00900 WILLOW DR N ^ T F 0 N T WOLF ^ THEODORE F i NYRNA T WOLF 900 WILLOW DR N LONG LAKE NN 55354 38 27-110-23 33 0010 00770 DICKEY LAKE DR C D LEUKUNA 8 J N LEUKUNA CHARLES D I JILL N LEUKUNA 770 DICKEY LAKE DR LONG LAKE NN 55354 30 27-110-23 33 0011 00940 WILLOW DR N KATHRYN N BODE KATHRYN N BODE 940 WILLOW DR N LONG LAKE NN 55354 30 28-110-23 41 0003 02450 SIXTH AVE N SIN BOULEY STEVEN J BOULEY 2450 COUNTY RD 4 LONG LAKE NN 55354 SO 20-110-23 41 0004 02500 SIXTH AVE N D N 8 W J ERICHSEN DIANE N ERICHSEN 2500 4TN AVE N LONG LAKE NN 55354 38 28-118-23 42 0002 02700 SIXTH AVE N JOHN LEIN JOHN H LEIN P 0 BOX 177 LONG LAKE NN 55354 38 28-118-23 42 0003 02400 SIXTH AVE N T P CARROLL OCA CARROLL THOHAS P CARROLL 2400 SIXTH AVE N LONG LAKE NN 55354 38 28-118-23 43 0007 00038 ADDRESS UNASSICNED IND SCHOOL DIST NO 278 IND SCINN)L DIST NO 278 ADNIN OFFICE- SUPERINTENDENT 485 OLD CAPITAL BAY RD N LONG LAKE NN 55354 38 28-118-23 43 0008 00038 ADDRESS UNASSICNED IND SCHOOL DIST NO 270 INO SCHOOL DIST NO 270 ADNIN OFFICE- SUPERINTENDENT 405 OLD CAPITAL BAY RD N LONG LAKE NN 55354 ORONO PLANNING COMMISSION MEETING MINUTES FOR JULY 19,1999 Steven and Susan Wilson, Continued) The CCTihficate of Mailing and Affidavit of Publication v/ere noted. Steven Wi^on, Applicant, was present. Weinberger sfa^ that the Planning Commission and City Council has recently approved a suMivlsion of a\t line rearamgement for properties located at 325 South Brown Road and 2150 Abingdon V/ay. CiW Code requires that the Applicants dedicate drainage and utility easements along all newly creai^ property lines, which have been granted along the new properly line. However, the prevIou\underlying drainage and utility easement along the old property line was not vacated at the time the subdivision was approved, which should be vacated. Staff is recommending appli^val of this application. Wilson had no comment. Hawn inquired whether the Applicl^J would be agreeable to affirming the agreement with Abingdon Way. VVilson stated it would not be an affirmahon, but merely notifying the owners of each lot in this division that they are liable for each easement. Wilson stated he would approach the homeowners association requesting that the 60 foot path^y be eliminated from their agreement, which requires City agreemeiiL Hawn inquired whether that portion was before th^Planning Commission as part of this application and whether any legal notice must be given to the joining property owners. Gaffron stated that it was, noting that technically actioi\y the Planning Commission may not be required. Gaffron staled that in his opinion no notice is reliipired. There were no public comments. Smith moved, Berg seconded, to recommend approval of A^ication #2474,325 Brown Road South/2150 Abingdon Way, vacating the 10 foot wide dr^age and utility easement along the previously existing property line between 325 South Brown Road and 2150 Abingdon Way based, and as a result of the lot line rearrangemei\the obligation to maintain Abingdon Way will be maintained solely by Lot 5, v/est of)l|e east 60 foot line, and not Lot 6. VOTE: Ayes 7, Nays 0. SKETCH PLAN REVIEV/ (#8) #2505 THE BANCOR GROUP, INC., WILLOW DRIVE/6TH AVENUE NORTH - SKETCH PLAN David Newman, Bancor Group, was present, along with Marty Campion, P.E., of Otto & Assodates. Weinberger staled the Applicant Is proposing to develop a 58 acre parcel located at the southwest comer of County Road 6 and Willow Drive North. The Applicants have proposed a concept plan to subdivide the property into 52 lots, with an average density of less than one acre per lot. The property is zoned RR-1B, which requires two acres per unit. The Applicants are requesting that the property be rezoned to R-1 A, allowing one acre per unit density, and to develop the Page 10 ORONO PLANNING COMMISSION MEETING MINUTES FOR JULY 19,1999 (#2505 The Bancor Group, Inc., Continued) property as a Planned Residential Development The purpose of a PRD is to enhance the appearance of neighborhoods through preservation of natural open spaces and to counteract the effects of urban congestion, A PRD would allow the property to be developed at one unit per acre, with City sewer and water being available to these proposed units. This property could not sustain a rural style development with individual septic systems due to the high water table and soil types present. Weinberger stated that the property to the south may be developed at a slightly higher density, with a two acre density development east of Willow Cirive, a low density residential neighborhood north of County Road 6, and the Orono School Campus to the west. This development would serve as a buffer between the lower density res.dential development to the north and east versus the other land uses to the south and west. The Applicar.is are proposing a plan that would result in the nearest home being located approximately 225 feel from County Road 6. Several berms are being proposed throughout the development, and each lot will be regraded to create walkout style homes. Access to this development would be off of V/illow Drive, with no access off of County Road 6. City Staff recommends that the proposed intersection between the development and Shadowood Drive be aligned, whether it's through the extension of the northerly road or the other curb cut being relocated further north, to eliminate traffic turning left. The access points are proposed to be approximately 200 feel apart. Weinberger stated that standard drainage and utility easements would be required, as well as parkland dedication. Weinberger staled the Applicants could have the option of donating 8 percent of the land value or designating a portion of the development for trails. Weinberger stated that the hookup costs for City sewer and water will need to be discussed further. Weinberger noted that the City Council has established less restrictive zoning standards for other PRDS, including French Creek and Sugarwoods. Lindquist commented that he is hesitant to approve rezoning of this area due to the high density housing that is being proposed. Newman stated that the high density is necessary due to the connection costs for City sewer and water, noting that they have reviewed the costs involved in this project and that in order to offset their expenses, upper market housing will need to be constructed in this area. Lindquist inquired whether th^»v have calculated the average lot size for this development. Newman replied they have not yet made that calculation. Campion staled that they are contemplating lots that average around a half-acre, with the smallest being one-third acre. Stoddard commented that he would like to see a residential development in this area, but that in his view the City Council may wish to retain the tv/o acre zoning. Stoddard stated he Is unaware of the economics involved for this development, but that he personally would like to see larger lots. Newman staled that this is an expensive parcel of property to develop, and that not all the residences will be constructed with walkouts. Page 11 ORONO PLANNING COMMISSION MEETING MINUTES FOR JULY 19,1999 (#2505 The Bancor Group, Inc., Continued) Campion stated that the walkouts are necessary due to the high waxer table and soil conditions in the area. Newman stated that they have obtained two sets of soil borings because of the high water table and soils in the area. • Hawn commented that the City is interested in providing more affordable housing and that the proposed high density will present drainage problems. Hawn inquired whether a landscaping plan has been developed in more depth. Newman stated they have not designed anything specifically for this development at this time. Newman stated in his opinion this site will never be developed for First time home buyers due to the high costs associated with developing this piece of property and that they are contemplating houses in the $350,000 range. Berg questioned whether the location of the access is an issue. Berg commented that she would also like to see lower density in this area, noting that in her view some of the proposed lots will be unbuildable due to the small lot size and large pond located in the area. Weinberger stated that the final location of the road will need to be reviewed once the layout of the units Is determined. Newman stated they have not reviewed whether the lots contain suitable building pads at this time, which will need to be addressed. Lindquist remarked that the developer will also need to submit a drainage and grading plan, noting that some wetlands do exist in the area. Stoddard stated In his opinion it is doubtful that any zoning under two acres will be approved. Smith commented that the residents are starting to take the view that the holding ponds are a natural feature to the area and should be turned into private beaches, which should not be encouraged. Smith stated that residents are also hesitant to have trails located close to their homes. Smith stated in her opinion the two acre zoning should be adhered to. Newman stated that he is committed to this project. Page 12 ORONO CITY COUNCIL MEETING MINUTES FOR AUGUST 9, 1999 (#2504 Warren and Tana Garrett, Continued) stated the Applicants are requesting variances in order to construct a 12 by 20’ home addiuS^an addition to the existing deck, and construction of an inground s-^imming pool. The initial applsj^ion by the Applicant included a request to construct a split-rail fence along the property lineS(5om the driveway to the lakeshore. The Applicant withdrew the request for the *ir.c8 at the PlanningX^mission meeting. The Planning Commis^i^n recommended approval of the variances for the addition to the house, the deck addition, and th^iMround swimming pool, but recommended denial of the variances to allow construction of a five fobUiigh split-rail fence. Jenson stated that a mature stand oNwes would prohibit the neighbors from having a view of the new addition and swimming pool. Garrett commented he has read the resolutiorrhefore the City Council tonight Garrett stated he will withdraw his application for the fence due to sNj^ complaints by one of the neighbors. The fence was designed to help deter trespassers onto m^j^ope> ty from the adjoining Long Lake park, but the number of trespassers has declined this past ye; Mayor Jabbour stated that the City does not like to have fence^^nstructed within 75' of the lakeshore. Kelley moved, Peterson seconded, to approve Application #2504, anH«^dopt RESOLUTION NO. 4332, a Resolution Granting a Variance to the Avera^i^akeshore Setback to Allow the Construction of a 12 ’ by 20’ Addition to the Home, an Additioh>to the Existing Deck, and an Inground Swimming Pool Surrounded by a Deck, and to Deny th<^ariances to Construct a Five Foot High 3-Rail, Split-rail Fence Along the South Property L^ from the Driveway to the Lakeshore. VOTE: Ayes 5, Nays 0. (#9) #2505 THE BANCOR GROUP, INC., WILLOW DRIVE/SIXTH AVENUE NORTH - SKETCH PLAN REVIEW Marty Campion, Bancor Group, was present. Weinberger stated the Applicants are proposing to construct a 52 let subdivision consisting of single family units over 58 acres located at the southwest comer of County Road 6 and Willow Drive North. The Applicants have submitted a proposal to subdivide the property into 52 lots, w^ an average density of less than one acre per lot. This is assuming the total property dedicated fer right-of-way, ponding and wetlands will exceed six acres on the site. The property is currently zoned RR-1B requiring f//o acres per unit The Applicants are request’ng that the property be rezoned to R-1A to allow one acre per unit density and to develop the property as a Planned Residential Development. The purpose of a PRD is to enhance the appearance of neighborhoods through preservation of natural open spaces and to counteract the effects of urban congestion. A PRD would allow the property to be developed at one unit per acre while allowing the lots to be less than one acre leaving the remaining land as epen space by the creation of conservation outlots. City sewer and water are available to this property. Weinberger stated that this property would not be able to sustain individual septic systems due to the high water table c.nd soil types present in this area. Weinberger stated that the surrounding properties to this site include a two acre development east Rage 7 ORONO CITY COUNCIL MEETING MINUTES FOR AUGUST 9,1999 (#2505 The Bancor Group, Inc., Continued) of Willow Drive, low density residential consisting of two acre lots north of County Road 6, the Orono School to the west, and some possible townhome/ofRce use along Highway 12 and Kelley Parkway to the south. This property may be appropriate to act as a buffer zone between the mixed uses surrounding the proposed development. Mayor Jabbour commented that a prior application was submitted for this property proposing approximately 42 units. Weinberger stated that the prior application proposed two acre density to the north and one acre density to the south, with the property being set up as a PUD, and did not appear before the City Council. Campion, Bancor Group, slated that the wetlands were delineated a number of years ago and that a new we*'and delineation has been undertaken, which, in his opinion, will show that the wetlands are diminished from what was originally charted. Campion commented that there are a number of benefits to this proposal, such as this property acting as a transitional zone to the surrounding areas, with no access being proposed off of County Road 6. Bancor Group is proposing to preserve the natural environment as much as possible in this area as well as creating a trailway and open green space in this development. Campion stated due to the costs associated with developing this property with City sewer and water, the higher densih/ is necessary. Campion commented that more housing in this area will be needed due to the new Highway 12 corridor and the displacement of a number of families. Mayor Jabbour inquired whether the Applicant would be willing to consider a two-tier zoning for this property. Campion remarked that they are not aware of the exact amount of wetlands in this area, which would impact the size of the lots, and that if they are required to have a minimum of one acre dry buildable. that would mean a significant reduction in the number of lots. Mayor Jabbour inquired whether the Applicant wished to recess this matter temporarily to discuss some of these issues with the other Bancor representatives. Campion requested that they be allowed to discuss this matter. Item #9 follows Item #10. (Recess taken at 8:21 p.m. • 8:31 p.m.) (#10) DNR CONVEYANCE OF LUCE LINE PARCEL TO LONG RIDGE ASSOCIATES Gaffron stated that the DNR has determined that a portion of the south half of the Luce Line right-of-way west of the Orono Golf Course was in fact owned by Long Ridge Associates. Long Ridge Associates has agreed to deed the trail right-of-way to the DNR in exchange fcr conveyance to Long Ridge a portion of the trail right-of-way further east, adjacent to the Orono Orchard Road bridge. The portion to be conveyed to Long Ridge is now and will continue to be used by DNR and the public as a walking/dnving access to the trail with the DNR retaining an easement over the strip for these purposes. Page 8 ORONO CITY COUNCIL MEETING MINUTES FOR AUGUST 9.1999 (#9) #2505 The Bancor Group, Inc., Willow Drive/Sixth Avenue North, Continued Ca.Tipion stated that the consensus of the Bancor Group is that they will iiot be able to proceed forward with this development if it is reduced by more than four lots. Campion stated that they are looking at approximately .85 dry buildable acres per lot at this time, noting that the exact amount of wetlands has not been deHned. Mayor Jab'oour co.mrr ’er.ted in his view his opinion regarding this parcel has changed somewhat over the .• ears due to changes in the community as well as the nev/ proposed Highway 12 corridor. Jabbour stated tha; according to City Code prior developers were given credit for wetlands when City sewer was available. Jabbour commented in his opinion this property should be used as a buffer zone. Campion inquired whether the City Council would be requiring one acre lots for this development. Mayor Jabbour stated this parcel should be developed as a PRD, with an average of one acre per lot. Kelley commented that he personally is not in favor of rezoning this property and would like to see the two acre zoning maintained. Kelley stated he would be in favor of a PRD with two acre zoning. Peterson commented that she also is in agreement with the two acre zoning. Keiley stated that in his view the value of the property should be reduced in order to make thij development more economically feasible. Campion stated they will need to address these issues further. Gaffron commented that Sugarwoods was rezoned to one acre density. Mayor Jabbour commented in his opinion the City should provide some higher density housing within the City and that the City Council should consider the possibility of rezoning this property. Kelley stated he would be in favor of clustering units on this property, which would eliminate the need to run sewer to a large number of residences. Kelley commented he would like to maintain the two acre zoning for this area and is not in favor of higher density housing in this area. Flint commented that he is troubled by the efforts to keep this area zoned at two acres, noting that this is not a prime piece of real estate and that the school and County Road 6 do impact this property. Sansevere stated he is in agreement with Flint and that in his opinion this property could be rezoned one acre dry buildable. Campion stated tnat cr-e acre dry buildable would not allow their proposed development to work, noting that the v/etlands and the streets need to be taken into account. Mayor Jabbour commented that he would be hard-pressed to vote in favor of this application when he has denied another similar proposal for this property. Jabbour stated he would be more favorable towards a development proposing a maximum of 44 units. Sansevere commented that the developer is proposing upper middle class housing for this area. Page lb ORONO CITY COUNCIL MEETING MINUTES FOR AUGUST 9,1999 ("2505 The Bancor Group, Continued) noting that he would be in favor of higher density for th'S area. Mayor Jabbour commented that credit should be given for the streets. Gaffron staled under a PRD the Cib/ has allowed credit for roadways, noting that no credit is given under a standard plat for streets. Mayor Jabbour commented that the Applicant will need to appear before the Planning Commission with their proposal once these issues are addressed. Campion stated that they will continue to keep the buffering to the north and east, and will look at trying to achieve a one acre zoning under a PRD with credit being given for the streets. >MYOR/COUNClL REPORT May^c Jabbour stated he has been contacted by one of the business owners, the owner of the vacant^mm.ercial building adjacent to Highway 12 and Industrial Boulevard in Long Lake, regarding -Lhe possibility of constructing a service road to provide additional access to his business from Old CrWal Bay Road. Jabbour stated he explained to the property owner the process that needs to be folk^.ved and the City’s general philosophy regarding this matter. Jabbour cornmented that the Cihy's cui^nt comprehensive plan, which is in the process of being updated, is being made obsolete in part be^^se of the new Highway 12 corridor. Mayor Jabbour stated tn^the City should make a determination whether a frontage road is necessary in this locationw^ whether a frontage road is desired by the property owners in thot area. Jabbour commented tttc|l the City has taken a position that they do not want an exit ramp from new Highway 12 in this lo^tion. Kelley stated he essentially told theS^resentative the same thing last wee ’K. Kelley commented that the traffic counts by Mn/DOT are rf^t always accurate and that their numbers tend to differ from the County's numbers. Kelley commentedt,m his viev/ the new Highway 12 corridor should be constructed first. Mayor Jabbour suggested that the City Adminis^tor send a letter to the affected business owners informing them that this issue has been discussedV^ that the City Council is interested in their input on this matter. Mayor Jabbour stated he has spoken with the president oNt^eat America who has stated Uiat the Dakota Rail will officially be shut down October 15, 1999. Jwbour commented the next step is o meet with Hennepin Parks to discuss the Dakota Rail to Trail p^^ject. Kelley commented that he is aware that the Orono Police DepartmeH^is ta’King some action regarding Big Island. Jabbour stated that the police are aware of the situation and are reviewingN^Is matter. Sansevere commented that perhaps the number of boats should be restricted inljiat area. iber of WMts.Mayor Jabbour stated that in previous years the Fire Marshall limited the numi Page 11 PETITION FORM We, the undersigned residents of Orono, Minnesota, oppose the re zoning of 58 acres in the southwest quadrant of the Willow Road and County Road 6 intersection into less than two-acre minimum residential lots NAME ADDRESS DATE yy.5 £kfjhijj /7'>9'/&-9 ‘7 7ytr'(?^W^ 2^/. r 9 Mb ^.’c: /./j' ^ L C > ' 7/^ 4—t—i . r r ^4, i ------ / ^ tc i i. y: - ^ ( /67 . 7^ Gurlr-:C/J^^-/L - ‘in -r-Ji/ a ' ^ ?! "OL 'C-L. cvisr'^L 7^ 3~ Ot (L^xi L«.ki^ Dr,----------------------------— _ 1 C.O \1X<-\<lslJJ^ Ls^-o, 1 '...............' '-0 LLo.‘^/hb L^iU ^ y7icc^u>r^<- i ^ ^0/7 ‘^jk!::, lAi 70'^ «7) /cJr<P<7 y)r'.-,/)<-/ rj '7^0 D'/sAfoi ‘f//4rA9 ^-.rrs? 7^r) h Ju.,.11, be./^'■57 /)7//£'J)lchtd jJi'ta j Lr.-59 ''Mi,,, /'Miir'7dd bl‘>h'/A/1.6 Q\9-/9'^?^ /T ^ H( i}a .c>V / ." / / ^ H-. ^l2^Jc^Sa i 7 30 [Pi ck ^ V ko \ cJ P'l^9-19-“;?IT '/ r ^ 3o Oi c vity u^z 7 -/f -y7 PAGE PETITION FORM We, the undersigned residents of Orono, Minnesota, oppose the re zoning of 58 acres in the southwest quadrant of the Willow Road and County Road 6 intersection into less than two-acre minimum residential lots NAME / ADDRESS DATE l/S'o'Ph.ll,p^ DiQ. IISo l-^h ill 1 n< /^, // /?*==> /V* )'pj'yr^ /7*Ar/J/ 0/^ ' Cui,C Jpr. ■=1 -; s-77 I^J<^ fhUt Or. BthLA y/jL^‘ ■ ^----------------------------/ ................................ ■'A1 r— • PACE PETITION FORM We, the undersigned residents of Orono, Minnesota, oppose the re zoning of 58 acres in the southwest quadrant of the Willow Road and County Road 6 intersection into less than two-acre minimum residential lots "“f , i n ADDRESS DATE ^ t? 5 O c") ^ f In, fm 9/^ I ~IV j LA<_ 1) <“ ' X ^ 1 - • PACE PETITION FORM We, the undersigned residents of Orono, Minnesota, oppose the re zoning of 58 acres in the southwest quadrant of the Willow Road and County Road 6 intersection into less than two-acre minimum residential lots PAGE PETITION FORM We, the undersigned residents of Orono, Minnesota, oppose the re zoning of 58 acres in the southwest quadrant of the Willow Road and County Road 6 Intersection into less than two-acre minimum residential lots NAME ADDRESS DATE fiji- ^LD C^u2 r ^l/^l4ci zi^< /*r 9~!i<L 3 ‘?Hf ‘j- hl-C((l PAGE PETiTION FORM We, the undersigned residents of Orono, Minnesota, oppose the re zoning of 58 acres in the southwest quadrant of the Willow Road and County Road 6 intersection into less than two-acre minimum residential lots NAME ADDRESS DATE FrhfiQ ^25jr !?v' Cpo 7/T) tk^cAj2^l43i/J(q 90?? • PACE 09-20/99 MON 14:30 FAX 6124787601 NORTHCOTT .\MERICINN ®00l 4S18 Wolverton Plao«. Orono.MN 5S359 Phone; 612 475-3574 Fax: 612 475-3574 E-Mail; gkirkpatrkk^amedctnn.corn cl Kathy atrick Fax T»i Planning Commission 249-4616 Pages: 1 1*1^ k Phonei Deie: 09/20/99 Ree 9/20/99 Meeting CCt □ Urfvnt □ FerRevlew □ Please Comment □ Please Reply □ f lease Recycle Re: Proposed Residential Development at Willow and County Road 6 Please be advised that we are against any variance relating to the two acre mi limum lot size at the above referenced development. SEP 20 '99 14:21 M NELSON P.2 September 20,1999 Mr. Paul Weinberger Head of Zoning Orono City Hall Dear Mi'. Weinberger: It has come to our attention that a hearing is to be held tonight to discuss a variance proposal that would allow 49 units to be built on */i to I acre lots, on County Road 6 and Willow Drive. Unfortunately, we are unable to attend tliis hearing and arc writing to e.xpress our strong objections to this proposal We purchased our property on Jamestown Road in 1992 because of the size and reputation of the Orono Schools, and the rural setting. The Orono Schools have already experienced an increase in size due to open enrollment and do not need to grow beyond the figures of the 2 acre lot minimum. Orono residents pay high taxes to attend small schools and live in a community free of congestion. Another concern is the traffic that already e.xisis on County Road 6. We can’t believe this development would help the traffic situation. We appreciate the opportunity to voice our objections and believe the Orono City Planning Commission and Orono City Council Members have an obligation to their existing residents and need to stand firm on the 2 acre lot minimum. Sincerely, Karen Nclwn Morgan Nelson Sr. TO: FROM: DATE: RE: Chair Hawn and Orono Planning Commissioners Ron Moorse, City Administrator Kris Jenson, Assistant Zoning Administrator/Planner September?, 1999 #2520 Tom Berthiaume 3035 Casco Point Road Variance-Public Hearing Zoning:LR-IC, 1/2 Acre District Application: To allow a roof overhang to encroach on the sideyard setback. STAFF SUMMARY The applicant has requested a variance to permit an extension of the eaves on one side of the home to extend over a sidewalk alongside the house. The extension would be supported by posts, and be 30' in length. It would not extend the full length of the house on that side, only long enough to cover the sidewalk to the side entrance. Currently there is 4' wide rock and plastic area, a 4’ sidewalk, and then 2' of grass to the property line, where a fence is located. The proposed remodeling would move the sidewalk up against the house and under the extended eaves, and then using the remainder of the area for landscaping/grass. The eaves currently on the house are 3 feet deep, and the proposed addition would make the eaves 5' in depth. The eaves would be supported by 4 posts. The stairs to the side door would be shifted to be located entirely under the proposed eaves. A diagram submitted by the applicant is included to show a before & after situation. This site, with the addition, will have a structural coverage of approximately 12%. The applicant received a variance in 1993 to permit the construction of a 2-story addition, as well as an addition to the existing deck. Hardcover approved at that time allowed for 6,293 s.f (58.27%) in the 75-250' zone, which is what the applicant is currently at. The proposed additions and changes will reduce the hardcover to 6,221 s.f (57.6%). Pertinent Ordinance ► Section 10.25 One Family Lakeshore Residential District, Subd. 6, Area, Height, Lot Width and Yard Requirements (B) Lots, Side yard setback shall be 10 feet. ► Section 10.56 Shoreland Management. Subd. 16 Shoreland Overlay District Standards, (L) Hardcover Limitations (2) Between 75 feet and 250 feet of the OHWL there shall be no greater than 25% hardcover. *^2520 Tom Birtiaume 3035 Casco Point Road Variance September 7. 1999 pagt-l 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 24,130 s.f.80', 73' at 75' setback line 75'9.3', 7.1'310'+ Hardcover Distance from Shoreline Total Area in Setback Existing Hardcover Allowed Hardcover Proposed Hardcover Variance Requested 0-75'5,620 s.f.73.6 s.f. (1.3%) none (0%) 73.6 s.f (1.3%) none 75-250'10,800 s.f.6,293 s.f (58.27%) 2,700 s.f (25%) 6,221 s.f (57.6%) Permit more hardcover than allowed (reduced from existing) 250-500'7,710 s.f.3,039 s.f (39.4%) 2,313 s.f (30%) 3,039 s.f (39.4%) none This lot conforms to required lot area, rear, and lakeshore yard requirements. Issues 1.The applicant received a variance in 1993 for a two-story addition to the home, as well as an addition to the deck. The approval required the removal of all plastic underlay within landscaping areas, which the survey indicates was to be done in several areas. The diagram submitted by the applicant indicates that rock and plastic is located between the existing sidewalk and the house. STAFF RECOMMENDATION Staff recommends approval of a sideyard setback variance to permit the additional 2' of roof overhang to cover a sidewalk as well as to permit 6,221 s.f of hardcover (57.6%) in the 75'- 250' zone. 1^2520 Tom Btrtiaume 2035 Casco Point Road yananct September 7. 1999 pagt-2 Exhibits: A B C D E F G H Application Location Map Plat Map Survey Hardcover Calculations Diagrams of proposed area by applicant (2) Photos of area Neighboring Property Owners List i ' U2520 Tom Btrtiaume 2035 Casco Point Road Variance September 7. 1999 pagt-3 CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee S250.00 ($50.00 per each additional variance) Renewal Variance Fee $150.00 (no change firom original application) Variance for non-conforming structures $250.00 Afler-the-Fact Fees (Double application fee) PROPERTY INFORMATION Site Address p/. ^0^ Application # ^ _____ Date Received _^_zL?S ^^ Amount Paid ^“2.S‘C Property Identification Number fPJ.D.) (jCC)\ Attach legal description to application if not included on required survey. Date PropertyAcquired ________________________ I (do) np^also own the adjacent parcels of land. (month/year) Present use of properly: residential Zoning District: other (specify). APPLICANT Name S<^nh~PiUml£ Address: PT Phone (horned ^ /2- ____ Phone fwork> Co /Z.. ~~ ^ T City: '2^ c, Zip: ,515^5^ / /•' OWNER (if different than applicant) Name Phone (home). Phone (work)_ % k S * *— .* « Address:City:Zip:. Estimated Construction Cost $DESCRIPTION OF REQUEST __ Describe request in detail: ^Y7~^A/jTi Roo ^ Uc:rfi- V. ^ I (attach additional sheets if necessary) VARIANCES REQUIRED . Lot Area T^-iot Width Setback:Front Side yC Hardcover Rear £ Lot Coverage Average Lakeshore Other (specify) HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions prcven^g compliance with Zoning Code requirements: — /-’x/ Z>C4 Td JTCk -------- (attach additional sheets if necessary) required submittals All of the following information must be submitted bv the appU<?atiQii order for vour application to be considered complete* 1. 2. 3. Completed Application Form Certified Property Owners List of owners within 150’, labels and plat map (you must obtain this Ust, labels and map from Hennepin County Department of Finance, A-603, Govt Center, 348-5910). Certificate of Survey (signed by a licensed surveyor) and include hardcover calculations as required. In addition, provide one (1) copy 8'/j” x 11" for reproduction. ^ ... ___ Topographic survey (existing and proposed elevations) if any changes m existog grade are proposed. In addition, provide one (1) copy 8V2 x 11 for reproduction. Sketches or plans 0: floor & elevation views (provide one (I) copy 8'/2" x 11"). List of the legal names (include marital status) of all persons with an interest in the property. This would include name(s) of applicant(s) if not current owner(s). ___ As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. Additional items as may be requested by City staff. The Applicant and Property Owner must sign this application. Please remember that ymu! vnriiince application is not complete if the above information h?8 HOt bttn includcdi APPLICANT’S SIGNATURE The applicant hereby agrees to provide all information requued or requested by the Zomng Administrator, agrees to pay additional fees (staff time not covered by origmal fee payment) and/or consultant expenses incurred in review of this application, and certifies at e information supplied is true and correct to the best of his/her knowledge. 4. 5. 6. 7. 8. Date f % O^VNER’S SIGNATURE ^ ^ ^ ^ , The owner hereby acknowledges and agrees to this application and further authorizes entry onto the property by City staff, consultants, agents, Commissjon members, and Council members for purposes of^vestigation^d v^fication of this revest Owner’s Signature ^2-------- Applicant must have all^I^bmittals into the City offices 25 days ^fore the Pl^g CoLtission Meeting. Planning Commission Meetmgs are held on the third Monday of each month. Applicants must be present at all scheduled review meeHngs of the Planiun. Commission and CouncU. If an applicant is unable to attend a scheduled meetmg, p e^e make arrangements to have an authorized agent attend in your place and to advise the Bmldmg & Zoning Office of this change prior to the meeting. Adjacent Property Owners' Acknowledgement Form of JOCKS' ^r/)r jAI (we) [print name(s)][print address] have reviewed the plan^ for the proposed improvement or proposed use of the property located at referred to as Land Use Application No.________. I (we) imderstand that in executing this acknowledgement, I (w*e) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council t^t I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. Property Owner Date I (we)J,£f?U^S ?r- f^t> [print name(s)][print address] have reviewed the ^ans for the proposed improvement or proposed use of the property located at /^r also referred to as Land Use Application No.________. I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that 1 (we) am (are) aware of the improvement plans and that the proposed neighbor’s project or u^ requires Coui^ approval. _________________________ Property Owner Date Property Owner Date If you have any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building & Zoning Office at least 10 days prior to the scheduled meeting date. IIJ±b J) ^ t rTnr ^ ' a •«ff fy 1 SEE MAP 61 IMO liaiTflUB mmi I UMfAMill 1 y MINNETRISTA r'-' iLake ■ 2400 Mi SttM^der L4ie X un « Jennings .r=s fI U ^’Harrison LangJon Lake IfOM »b laiuiT ta$U Bluff JtlAff foidf 4000 1 f@ iuni^4t M t400» a *”“5 MMTU' t ■■ >«iJ»OUl M Fotm Jft)ks Bay MOUND ^ rrfa/ ^4^#]^ '^V/ ^ • V Lake Minnetonka 3 SEE MAP 8‘) 1 U**-|4I «1!S I iwr»««M fj-ji'i' It > .•mmm 1 >4tu*t«at VI ^ ,,1 iUAMi« J r ^ Phrlp' I' SHADY ,.4 ^ ISLAND M*'" r^PlDM '■•’MUi V***-FNOIAKnO SHOREV/OOD ftmkumn* >, r««t ISI AND IMiPtM wawattva IUJY<D •MttOI M > jU'HJAB f(sFF MAP B'l '¥i I I «* » 1 1' .\ 1 \11 > 4t|;60 \60 $ w w m 1 1 1 1 \ • V CERTIFICATE OF SURVEY FOR I THOMAS B. BERTHiAUME r . IN TRACT A. Rl^. NO. 39^ HENNEPIN COUNTY. MINNESOTA ^ * ■ M U leOAL l)ESC«IPTIOH OF PREMISES SURVEtEP: All of Tract A. Reglstarrd Land Survey part lying Northerly of the folloulng < No. 394 except tnat described line: Bcgrnn'ing’at the Southeasterly corner of Tract B In said Registered Land Survey; thence Southapsterly along a line drawn througn a point on tne oase line as shown on said Registered Land Survey. 80 feet Northwesterly fro* Its Inter section with the Southeasterly line of said Tract A, to the shore of Lake Minnetonka, and there ter«lnating. files of Registrar of Titles, County of Hennepin. This survey intends to stow the boundaries of the above described property, and the location of an existing house, shed, and other visible harocover Ihereoii. It does not pur* port to show any other laprovcnents or encroachaents. 0 Iron Barker Bearings shown are based upon an assuaed datua. iiilGNIOtt •lVMM9d DA ft <Z> DOtiyfnuN > COFFIN & GRONBERGJNC I hm-h Cf rfify IhjI Ihii «un n* mt% prrpifr J ^ mr ««f umki wy a»ml mprf • irHiufi, Ami llwil! Am a duly rrni^irit*d t ivU I ami ijmJ Siirwyof miflrf > lawrt id tftr Suit U MmmHiU_______________________________ f • t hakdcover CALCXJL^JIOCL^^ SETBACK ZONE: (CIRCLE ONE) 0-75’ 75-25^ pn«mNG HARDCOVER PTZQg£ A. House ______• Liax^h WId& X X X B. -Gaage- • • C. Drivewy V\J4W p‘4- D. Sidewalk E. Pado/Dcck ••.i’ . .* F. Landsc^c , Uaderlain By Plastic Or Fabric G. Ocher X X X X X X X X X TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE . A + B • •ppnPOSED hardcov er in zome A. House_____________^ X 100 Leogch . VTidih X X X B. Garage C. Driveway D. Sidewalk • • E. Patlo/Dixk F. Landscape Underlain By Plastic Or Fabric X X X X X X X X X G. Ocher TOTAL HARDCOVER IN ZONE total property area in zone _ A _ _ _ _ ___ _ * ® • xlOO 250-500’500-1000’ • S.F. 1^S.F. • S.F. «3 S.F. • • ^BS••S.F. • • .•• • • ^ , S.F. * V 7^2-S.F. • S.F. •S.F. •tiO S.F. -S.F. • SJ=. S.F. S.F. S.F. 'f S.P. • /MLi-S.p. iTSl QS^’ S.F. S.F. S.F. S.F. S.F. >.F. S.F. 'S-F. 2.IC S.F. S.F. S.F. S.F. 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PXASMEl PAGE 20 PATCH 50A PEOP APOE ONNEE NAHE TAKPAYEE NANE/APPE PEOP ADDE OWNEE NAHE TAKPAYEE NAHE/APPE PEOP AODE OMNEE NAHE TAKPAYEE NAHE/APPE PEOP APOE OMNEE NAHE TAKPAYEE NAHE/APPE PEOP APOE ONNEE NAHE TAKPAYEE NAHE/APPE iO 20-117-2S 34 0001 03035 CASCO POINT EO T BEETHIAUHE/C KACHENHEISTEE TNOHAS ■ BEETHIAUNE 3035 CASCO POINT EOAO HAYZATA HN 55391 38 20>117-23 34 0002 03025 CASCO POINT EO T E EOIN OJA EDIN THEOOOEE A JUDITH EDIN 3025 CASCO POINT ED NAYZATA HN 55391 38 20-117-23 34 0003 03015 CASCO POINT ED E G LAUEIE ETAL E 0 LAUEIE 3015 CASCO PT ED HAYZATA HN 55391 38 20-117-23 34 0011 03065 CASCO POINT ED E J JEEDEE I J F JEEDEE EOBEET D 8 JEANNE JEEDEE 3065 CASCO POINT EOAD HAYZATA HN 55391 38 20-117-23 34 0012 03045 CASCO POINT ED E A KASTENS BBC KASTENS EICHAED A/BAEBAEA C KASTENS 3045 CASCO POINT EO HAYZATA HN 55391 38 20-117-23 34 0017 03061 CASCO POINT ED DOEIS HOLITOE-HATEES TODD HATEES 3061 CASCO POINT EO HAYZATA HN 55391 38 20-117-23 34 0018 03055 CASCO POINT ED JOHN P DENNIS ETAL JOHN P B EVY C DENNIS 3055 CASCO POINT ED HAYZATA HN 55391 38 20-117-23 34 0024 03005 CASCO POINT ED JANES E 8 CATHEEXNE HAETZELL JANES E 8 CATHEEINE HAETZELL 2987 CASCO PT ED NAYZATA HN 55391 38 20-117-23 34 0025 03020 CASCO POINT ED E LINDOEEN JE 8 B LINOOEEN E LINDOEEN JE 8 B LINOOEEN 3020 CASCO POINT ED OEONO HN 55391 38 20-117-23 34 0026 03026 CASCO POINT ED TEACEY L HOEEOH TEACEY L HOEEOH 3026 CASCO POINT ED HAYZATA HN 65391 38 20-117-23 43 0035 03040 CASCO POINT ED J H HOOAN ETAL JOHN 8 SUSAN HOOAN 4632 EHEESON AVE S HPLS HN 55409 38 20-117-23 43 0052 03030 CASCO POINT ED K H FOESS 8 A V EONNINOEN A EONNINOEN 8 K FOESS 3030 CASCO POINT EO OEONO HN 55391 I I TOTAL BATCH 506 00012 0^.0 r\ iCj tJ fZj TO: FROM: DATE: RE: Chair Hawn and Orono Planning Commissioners Ron Moorse, City Administrator Kris Jenson, Assistant Zoning Administrator/Planner September 7,1999 #2521 Joe Haus, 4485 Bayside Road Conditional Use Permit - Public Hearing 7'»iing: RR-1B, One Family Rural Residential District Application: Request a Conditional Use Permit to construct a guest house on the property. STAFF SUMMARY Mr. Haus has submitted an application to construct a garage with living space above it as a guest house on the property. There is an existing house on the property, which the applicant plans to dismantle and then construct a new home on the site. The applicant will use the guest house as a residence during the demolition and the construction of the new residence. This site is accessed by a shared driveway across the property to the north. Pertinent Ordinances ► Section 10.28 RR-1 B One Family Rural Residential District, Subd. 3, Conditional Uses (A) Any conditional use as regulated in the "R-1 A" District. *• Section 10.20 R-1 A One Family Residential District, Subd. 3, Conditional Uses (G) Guest Houses (1) A separate dwelling constructed on an existing undivided lot for the sole use of the occupants of the principal buildings, including their domestic employees or their non paying guests, all regular lot requirements shall be met by the guest house. ANALYSIS RR-IB District Standards Lot Area Lot Width Front Yard Rear Yard Side Yard 2 acres 200 ’50 ’50'30 ’ Lot Area Lot Width Front Yard Rear Yard Side Yard 7.3 acres 462 ’54'560+'192', 195' *12521 Joe Haus, 4435 Bay side Road Conditional Use Permit September 7. 1999 page--l This lot conforms to required lot width, lot area, front, side and rear yard requirements. CONDITIONAL USE PERMIT STANDARDS The Planning Commission may recommend approval of a conditional use permit amendment if the application meets the following standards: 1. 2. 3. The proposed location of the conditional use is in accord with the objectives of the Zoning Chapter and the purposes of the district in which the site is located and the Comprehensive Municipal Plan; That the proposed location of the conditional use and the proposed condition under which it would be operated or maintained would not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity; and That the proposed conditional use will comply with each of the applicable provisions of the Zoning Chapter. Issues 1.The new guest house will be connected to the existing septic system. However, when the new home is constructed, a new system will be required, due to the fact that the existing septic system is sized for 3 bedrooms, which is the size of the guest house. STAFF RECOMMENDATION Staff recommends approval of the application for Conditional Use Permit Amendment to permit the construction of a guest house at 4485 Bayside Road. Exhibits: A B C D E F Application Location Map Plat Map Survey Floor Plan Neighboring Prop ;rty Owners List fl252l Joe Haus. 4485 Bayside Road Conditional Use Permit September 7. 1999 page-2 Application U CITY OF ORONO Date Recehed Amount Paid ^ Iv VCL GENERAL LAND USE APPLICATION fLLi ft G>ifcs4 PROPERTY LOCATION Site Address VVB ^ Type of Application to be File^___________ _______ Property Identificatiqn Number (P.I.D.) hL -7/7 ~~ rmO ^_________________ APPLICAI<T^ Phone (home) 7i8oS0^ Name 'Ao£ Hau S____________________ Phone (work) (,r"yv?QCC'l Address ^Q5 iKAucrJf R&. City QrofJO _______Zip 5S35*1 OWNER (if different than applicant) Name Phone (home). Phone (work)_ Address City Zip. 7/ff (month/year) I (do) (do not) also own the adjacent parcels of land. FEES - CONDITIONAL USE PERMITS - _____$ 75.00 For each variance request with CUP application _____SI75.00 Residential Accessory Use _____S250.00 Institutional (church, school, etc.) X $225.00 Guest House/Guest Apartments _____$200.00 Duplex Credit/Bldg _____S300.00 Commercial/Industrial Use _____S250.00 Land Alteration ____ Grading and filling - designated wetland or floodplain ____ Grading and filling - 501 cu. yd. or more ____ Grading, seawall, retaining walls within 75' of lakeshore _____PRD/PID - see Fee Schedule _____$150.00 Renewal Fee (no change from original application) _____After-the-Fact Fee - Double Current Application Fee . \m. 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 2. 3. 4. REQUIRED SUB>nTTALS 1. Completed Application Form. Describe request in detail. Certified Property OvsTiers List of ovvTiers within 350’, labels and plat map (you must obtain this list, labels and map from Hennepin Count}' Department of Finance, A-603, Government Center, 348-3271). Certificate of Survey (signed by a licensed surveyor) - refer to handout for survey information." Fci^^'Vicc- Attach legal description to application if not included on required survey. Topographic survey (existing and proposed contours) if land iterations involve changes in elevation (grades). List of the legal names (include marital status) of all persons with an interest in the property', 'fhis 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. 5. 6. 7. 8. 9. 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.) The Applicant and Property Owner must sign this application. Please remember that your application is not complete if the above information has not been included. Certification by Clerical Department that Land Use Application is complete. Initials of Clerical Staff: Date APPLICANT'S SIGNATURE The applicant hereby 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 e.xpenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. Applicant's signature Date OWNER ’S SIGNATURE The owner hereby acknowledges and agrees to this application and further authorized reasonable entry onto the property by City staff, consultants, agents, commission members, and Council members for purposes^ investigation and verification of this request. Owner’s signature Date Applicant must havesu'miinals imo the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and advise the Building & Zoning Office of this change prior to the meeting. .1 1 \ \ 297.00 A*V6 n/iyf/de eo ^ N '$!>.- -0^ ?<> n jfiOun\£i> /OO.O lob,f i/ob^l m 0 1^<K \ /Vt C» Q i J^£ f/Al/J A49S- MyrHs eo /71/ifiLP' fii/i /<U/ /»/v >0 f f I W • •■'s o PROP ADDR OWNER NAME TAXPAYER NAMB/ADDR PROP ADDR OWNER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NAME TAXPAYER NAMB/ADDR HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 06 117 23 24 0001 215 NORTH ARM LA C A PASS ET AL TRUSTEES JEAN T ARMSTRONG 235 ARM LA N MOUND MN 55364 CONDMN 8 38 06 117 23 21 0002 4455 BAYSIDE RD M & P JOHNSON MARK S & PATRICIA P JOHNSON 4455 BAYSIDE RD MAPLE PLAIN MN 55359 CONDMN ft 38 06 117 23 21 4485 BAYSIDE JOSEPH J HAUS JOSEPH J HAUS 4485 BAYSIDE RD MAPLE PLAIN MN 0003 RD CONDMN 8 55359 38 06 117 23 21 4495 BAYSIDE O L B KELLEY GERALD P KELLEY 16925 CO RD NO 6 PLYMOUTH MN 55447 0004 RD CONDMN 8 38 06 117 23 21 0005 4565 BAYSIDE RD V U S RENNEBOHM PETER U SHARON RENNEBOHM 4565 BAYSIDE ROAD MAPLE PLAIN MN 55359 CONDMN 8 38 06 117 23 21 0006 4465 BAYSIDE RD BRENT £. SHIANN JOHNSON BRENT & SHIANN JOHNSON 4465 BAYSIDE RD MAPLE PLAIN MN 55359 CONDMN 8 38 06 117 23 21 0007 4461 BAYSIDE RD AARON F & GEORGETTE GJ UBAN AARON F & GEORGETTE GJ UBAN 21 UNIVERSITY AVE N E MINNEAPOLIS MN 55413 J #2 o I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPERARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST OF MY KNOWLEDGE AND BELIEF DATE ^*7 (I/TMi SoaiA ' T 1 mi ' TO: FROM: DATE: R£: Chair Hawn and Orono Planning Commissioners Ron Moorse, City Administrator Kris Jenson, Assistant Zoning Administrator/Planner September 7,1999 #2523 Ronald and Rita Jane Zebeck - 998 Wildhurst Trail Conditional Use Permit -- Public Hearing Zoning: LR-IB, One Family Lakeshore Residential District Application: Request a Conditional Use Permit to permit fill within the lakeshore setback and a variance to permit 25.7% hardcover within the 75'-250' zone. STAFF SUMMARY Southview Design has submitted an application on behalf of the property owners for hardcover variances and a conditional use permit to permit grading within 75’ of the lakeshore. The scope of the project involves moving the driveway for more privacy, and using retaining walls to "allow better use of the land." (See exhibit D) This property is located at the end of Wildhurst Trail, on Forest Lake. The driveway realignment will allow the driveway to be more centrally located in that portion of the property and then allow for the planting of trees to help screen it from the neighboring property. The grading work will result in 1,300 cubic yards of fill being brought in. Some of this grading work is proposed for within 75’ of the lakeshore, as well as placing retaining walls within 75’ of the lakeshore. These retaining walls are proposed across the entire lakefront of the home. Other work includes erecting a fence along the side propcrt>' lines. The applicant has been advised that the lights proposed for the top of the posts on the fence are permitted only when shielded from the neighboring property owners. The fence along the west property line is shown extending past the home, but ending before the 75’ setback line. There is no house on the property to the west. Pertinent Ordinance ► Section 10.56 Shoreland Management, Subd. 16. Shoreland Overlay District Standards, (L) Hardcover Limitations (2) Between 75 feet and 250 feet of the OHWL there shall be no greater than 25% hardcover. ► Section 10.56 Shoreland Management, Subd. 16. Shoreland Overlay District Standards, (J) Topographic Alterations'Grading and Filling (2) Grading, filling or excavating of more than 10 cubic yards is prohibited within 75’ of the Ordinary High Water Level of the public waters enumerated in Section 7 of this section. Grading, filling, or e.xcavating of 10 cubic yards or i^2523 Ronald d Rita Jane Zebeck 99S H ildJwrst Trail Conditional Vte Permit September 7, / 999 page--! less shall require City staff review and permit and be subject to other pertinent sections of the Zoning Code. Lot Area and Yards ANALYSIS LR-IB (1 acre) Lot Area Lot Width Lakeside Yard Side Yard Street Yard Required 43,560 s.f.140’75’10’30’ Proposed 65,400 s.f 1.5 acres 200’+75’14’, 117’200’+ Hardcover Distance from Shoreline Total Area in Setback Existing Hardcover Allowed Hardcover Proposed Hardcover Variance Requested 0-75’27,135 s.f 140 s.f (0.5%) none (0%) 88 s.f (0.3%) Permit more hardcover than allowed (reduced from existing) 75-250’37,361 s.f 10,299 s.f (27.6%) 9,340 s.f (25%) 9,613 s.f (25.7%) Permit more hardcover than allowed (reduced from existing) 250-500’900 s.f 242 s.f (26.9%) 270 s.f (30«/o) 192 s.f (21.3%) none This lot conforms to required lot area, lot width, lakeshore yard, side yard, and street yard requirements. CONDITIONAL USE PERMIT STANDARDS The Planning Commission may recommend approval of a conditional use peijnit amendment if the application meets the following standards; 1. The proposed location of the conditional use is in accord with the objectives of the Zoning Cnapter and the purposes of the district in which the site is located and the Comprehensive Municipal Plan; t^2323 Ronald A Rita Jane Zebeck 993 IVildhurst Trail Conditional Use Pirmit September 7. J999 pogt-2 • • 2.That the proposed location of the conditional use and the proposed condition under which it would be operated or maintained would not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity; and 3.That the proposed conditional use will comply with each of the applicable provisions of the Zoning Chapter. Issues 1.StafFbelieves that the hardcover within the 75-250' zone can be reduced by another 273 s.f. to achieve hardcover of 25%. 2. Staff does not feel that the grading within 75' of the lakeshore is necessary and therefore should not be permitted. STAFF RECOMMENDATION ► Staff recommends denial of a hardcover variance to permit 25.7% hardcover within the 75'- 250' zone. ► Staff recommends denial of a conditional use permit to permit grading, filling or excavating within 75' of the lakeshore. Exhibits: A B C D E F G H Application Location Map Plat Map Letter from applicant Survey Hardcover Calculations Landscaping Plan Neighboring Property Owners List U2525 Ronald d Rita Jane ZebtcK 998 Wildhurst Trail Conditional Use Permit September 7, / 999 pagers Application U Date Received & Hu Amount Paid U'\C CITY OF ORONO - GENERAL LAND USE APPLICATION VROPERTY LOCATION ^ Site Address 99^ . Type of Application to be Filed C/)/0.-> >t/List qrt Property Identification Number (P.I.D.) 07 -U1 “Xi (3 03-/ ___________ APP^®' ■■ J ^ ^ PhiePLICANT X. ^ ^ rnone inomej g Name So^7<4v < ^3^6-v ? CocOSTItMqW Phone (work)Ar/ - ^.O"'- Address /Pg . b~P ^ ^. Citv^ooc gf^UZiv TTV'l') Phone (home) ^ namsi ifJ ^ lliTA rjdog^ ^one (work)_____ ../T ^ City £>^.^JO Zip_iYH2?-'^ OWNER (if different than^plicant) Address t^S' Date Property Acquired I (do) (do not) also own the adjace^^parcels of Ihnd. /S£.■•■r '7\ (month/year^r * J V ‘ ' *•' FEES - CONDITIONAL USE PERiVUTS - ^ $ 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 I'*. f'-qKq - ' )C $250.00 Land Alteration Grading and filling - designated wetland or floodplain ■4^fc ^ Grading and filling - 501 cu. yd. or more Grading, seawall, retaining walls within 75' of lakeshore PRD/PID - see Fee Schedule $150.00 Renewal Fee (no change from original application) After-the-Fact Fee - Double Current Application Fee 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 2. 3. REQUIRED SUBMITTALS !• .V Completed Application Form. )C Describe request in detail. X Certified Property Owners List of owners within 350', labels and plat map (you must obtain this list, labels and map from Hennepin Count}- Department of Finance, A-603, Government Center, 348-3271). X 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. X* Topographic survey (existing and proposed contours) if land alterations involve changes in elevation (grades). X 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. 4. 5. 6. 8 9 YOU ARE REQUIRED TO SUPPLY 30 COPIES OF LARGE DOCUMENTS OR COPY FOR REPRODUCTION (lU* X 17" OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. (Staff will require to scale drawings of all documents, plans, etc. to be submitted.) The Applicant and Property Owner must sign this application. Please remember that your application is not complete if the above information has not been included. Certification by Clerical Depart.ment 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 applicafioii and certifies that the information supplied is true and correct to the best of his/l^r l^v^dge. ite / 9 ^ OWNER’S SIGNATURE The owner hereby acknowledges and agrees to this application and further authorized reasonable entry onto the property by City staff, consultants, agents, commission members, and Council members for purposes of investigation and verification of th^ request. Owner’s signature Date 1 Applicant must have all submittals into the City ofTices 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 a.-rangements to have an authorized agent attend in your place arid advise the Building & Zoning Office of this change prior to the meeting. (15) 10^- d I’lnms(10) y'' y HLAfAtETT '56 25 - R ^ >4 M * r-¥^ 3 ?: '*3? f ; 9 « ! » 5 9 9^*9 ’ ^ ( ?6) 3 9 j ’3 ^ ’-^ 9 i to 9 *3'^ .» 3 <-~ »30 25 C ^----l.L.^ (7r i 9 ^ ^ ^: ? T'i 9 5i’i • I •--3 ^ 3 ^,4 5 Z \ ^ • h \f lanr ST7.5 JfflJL ;.t: ;ar — if-f •---? • •r;:i aU.M, • • < - 4 - i =r,’*f - ^liir- - 4 •,, - - 4 - - . • . . i m 3» ./TO 4JJ.W 5*1 mwiL rwv ra U :»«'24«c 40 n •/ :«J :>4 •ft'4‘44* :vc t* X y/i* Nik J* (13) 49)" <3r>^ . y^. '•^ "V'> * \'V, 2 2^ (27) 1 ........ #•'li]*§j/. V Tils .............. \(371 ?tr A*«^ .r ^ \(93) 21Q i A_A.\X ^Udi^iOjllCiT nn fA 9 ........1 1•^* • • ••- ?\\ f X '^V' 3 ...9- -1 * x' \f V __L V «.J1 A-7 ^ - ^'■,<59,-.-!O r - /*^333^ 2^' aW a'O • ^*<? -V‘/ //^ ^ </ t*JT Ll»f 9' • t S IIS ^ V'TlC ATe* c# ^tcr," .< XC « 4«c xc « ? s s I Southview Deslm 651/455-8238 • LANDSCAPE CONTRACTORS • FAX 651/455-1734 1875 EAST 50TH STREET • INVER GROVE HEIGHTS. MN 55077 CITY OF ORONO RE; PERMIT APPLICATION WE ARE REQUESTING A PERMIT FOR WORK TO BE DONE AT 998 WILDHURST TRAIL IN WILDHURST ESTATES. WE ARE PROPOSING TO IMPORT FILL TO BE ABLE TO MOVE THE DRIVEWAY. TO ALLOW FOR ROOM TO PLANT TREES FOR A SCREEN BETWEEN THE PROPERTIES. WE ARE ALSO REQUESTING A VARIANCE IN THE HARDCOVER TO BE ABLE TO INSTALL SOME RETAINING WALLS TO ALLOW BETTER USE OF THE LAND. THE LEGAL DESCRIPTION OF THE PROPERTY' IS; LOT 1 BLOCK I WILDHURST ESTATES THE LEGAL NAMES OF THE OWNERS ARE; RONALD N. AND RITA JANE ZEBECK I £ t • a • • > •• > . ; V‘ ; • •'• **• v>* >r~li^m> ■n »m Oc mo 2 Cpi 2 > O i/> Otcn i P ^ C2bo to 8 O .-<gx m $m m 2J ^ '"Zr* < if? q ^3 m fi I s o o5 t=J -1 i § 5 TJ:do omo I O I om 11*^St i! CD -< I I I post CMWlOMtMl U* * t o o o o J. o o oooo R f-l'di£j '•‘fV •. J I I iSiili o nf °a ^ p g S i I ^ HM OJLiillai F • ••• •• .. hardcover calculation WORKSJi^^ CZONE; (CIRCLE ONE) 0-75’ 75-250’SETBACK ZONE ]^7qgnNG F>iV i^^<^VER in zone A. House Leoxtli IV t^^7-a,11/15 X X X B. Gasase - V. : ^ ... • . - C. Driveway /is/>^4*y /rL ' X g^^vg/ 3-1 X D. Sidewallc E. PatioAJcck X X F. Landsc^e Uodeclaln By Plastic Or Fabric X X X G. Other co<ye/f^c Fifft-r T TOTAL HARDCOVER IN ZONE total PPOPERTY area in ZONE A . Z /i- B . pT^npnsTTD H^^rif’nvFR IN ZONE ‘ A. House __ ^ Length /7 t & t X X B. Garase C. ririvewavA^i**/ 6-/*>vc f - X X D. Sidewalk X X E. P^tloTJeck X X F. Landscape Underlain By Plastic Or Fabric X X X G. Other 2 ^ ^ wa* / f. / j. • • •* *. * * ' * * * ; • /3^ z7 . « • • • RnO xlOO • WW6 ) t J t. total HARDCOVER IN ZOOT total PROPERTY AREA IN ZONE : **•-f B xlOO li*. 500-1000’ S.F. / 7 S.F. S.F. S.F. S.F. z.£>3 P> S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. • S.F. S.F. Too S.F. S.F. A B Z £/*2 % S.F. S.F. S.F. S.F. S.F.' t H S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. I 9^_S.F. S.F. TT.;^— • •• •^ •HAKDCOVEJt-^^CULATIOCS WORKSHEET SETBACK ZONE: (CIRCLE ONE) (O^ 75-250* 250-500’500-1000’ EMSTING HARDCOVER IN ZONE A. House ____________• Leo|di • u.A4f- >7 -X X vatu I* It . B. Ganse I'.. .X ^ • ^ • C. Driveway X X D. Sidewalk /Z - E. Patio/Deck X X F. Landscape Underlain By Plastic Or Fabric /<•/£ ilA X X X f ^ G. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE - ^ A - B xlOO . proposed HARDCOVER IN ZONE A. House ______________ Lto|:h j^ct ^ ^ ® ^ \/SJ M width 6 X X X / z I L • • • B. Garage C. Driveway X X D. Sidewalk Oi X X I t S.F. 7.Z /7 S.F. S.F. S.F. S.F. S.F. S.F. 'zr •S.F. S.F. S.F. S.F. 5 7 n S.F. S.F. • S.F. S.F. \H0 S.F. S.F. I 3 kJ± S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. E. Patio/D«k S.F. S.F. A B F. Landscape Underlalr. By Plastic Or Fabric X X X S.F. S.F. S.F. S.F. G. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE ’ / j iT ^ ICO -A. ^ ^-------.. ® ^-----— ^ Z7 S.F. S.F. fJ t »• • i.-l • • # • *•V /*• SETBACK ZONE: (CIRCLE ONE) 0-7S TiqfSTING HARDCOVER IN ZO?^ A. ‘^0 ’^ - HAWDCOVER CALCULATION.WORKSHEE1 --------------— -»» Ac-'jsftl 250-500’^5^ •• .. . l\cTinuA^ WAi.*- B. ,‘Gaxase' •• Lest^i H"- 3 «*i 5-0 t- X X X Widdi / t /1 I t f ■ I t. 2,-r t:- * •« t « * * (i. Driveway ^7- •_ Cog^Lsrtfiue H6^ MThFut FToT D. Sidewalk E. Patiomcck F. Landscape Underlain By Plastic Or Fabric 3 ^ r 2<i :i m 1c^± X X X X X X X X X 5~ot /*•/ £• rz L 3 t /srt s -7 t G. Other r^>AlCrt^‘ p>//?/• 3 x TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A IV proposed FLARD COVER IN ZONE A. House _ ^ ot 3Nb -i- B X100 H Ot. LeoStii la^t ^cr£,r,tir- "77 3 2. Rrrr.u:./'-^ B. Garase __ vr X X X . Vi'id-i / i / / / ^ C. Driveway F. Landscape Underlain By Plastic Or Fabric X X X X X X X X X 2-2. t Tt Hf. (0 X. \^!t 2>t G. Odxer TOTAL HARDCOVER IN ZONE total PROPERTY AREA IN ZONE ^ -xlOO 500-1000' •3 S.F. / H s.f! • 3 &s.F. 5"0 S.F. S.F. • S.F. ^T?7 S.F. / '-}'73 ' jfd’ • S.F. - H S.F. . S.F. ' TTX)S.F. \bl S.F.. S.F. • S.F. S.F. lo.z^l ■S.F. S.F. • 27.T % S.F. / 0 r S.F. 33.S.F. S.F. 7^ /*,zc-z S.F.' 3.jLiZfL.s-F. ■ /S.F. / ‘/V,•' S.F. ar. 37 t/z W 12-ty S.F. S.F. S.F. ‘S.F. 's.F. 9V3_ IS2 S.F. S.F. S.F • ■ f* • » I.-*. ■'■'s " 1 1^-.,.: '?^«|IZ3!? ' 'i:v'' .yv / '-^*<l-*.^T^______»____________a__ j<'y, \7 'D fMx.\~- **' V li V \ \ \ \ Ub^ \ X^^P' ' \ ^fi<^k ii • ^ ' V*V' , H'-r • I ^ »• . »‘’:-l:.Vl- t \ \ \ \ \ w \ \ \ \ ■ ^5i-x I \\* \ .v-.■ Ti V-/ I Jjia O -0 70 0°“ z csr • pO IS- U'SZ?U> On -\ O ^ M N 70 \ I :"?is C2^ RUN DATE 08/12/99 HENNEPIN COUNTY PROPERTY INFORHATION SYSTEN PROPERTY OWNERS LIST BATCH 503 PROP ADDR OWNER NAHE TAXPAYER NANE/ADDR 38 07-117-23 12 0002 00975 WILDHURST TR ANTHONY R SODERHAN ANTHONY R SODERNAN 975 WILDHURST TR HOUND HN 55389 PROP ADDR OWNER NAHE TAXPAYER HAHE/ADDR 38 07-117-23 13 0085 00038 ADDRESS UNASSIGNED VINCENT L PETERSON VERNON F PETERSON 17925D CO RD 97 PLYHOUTH HN 55996 PROP ADDR OWNER NAHE TAXPAYER HAHE/ADDR 38 07-117-23 13 0208 00038 ADDRESS UNASSIGNED HENNEPIN FORFEITED LAND CITY OF ORONO PO BOX 6b CRYSTAL BAY HN 55323 PROP ADDR OWNER NAHE TAXPAYER NAHE/ADDR 38 07-117-23 13 0211 00038 ADDRESS UNASSIGNED HENNEPIN FORFEITED LAND CITY OF ORONO PO BOX 66 CRYSTAL BAY HN 55323 PROP ADDR OWNER NAHE TAXPAYER HAHE/ADDR 38 07-117-23 13 0217 01000 WILDHURST TR KIH H ERICKSON KIH H ERICKSON 1000 WILDHURST TR HOUND HN 55369 PROP ADDR OWNER NAHE TAXPAYER NAHE/ADDR 38 07-117-23 21 0005 00999 WILDHURST TR H W i N C NINERFROH HARTXN W i NAN C NINERFROH 999 WILDHURST TR HOUND HN 55369 S8 07-117-25 12 0003 00093 WILDHURST TR HILLIAH A 6ILLQU1ST WILLIAH A 6ILLQUIST 993 WILDHURST TR HOUND HN 55369 38 07-117-23 13 0206 00038 ADDRESS UNASSICNEO HENNEPIN FORFEITED LAND CITY OF ORONO r 0 BOX 66 CRYSTAL BAY HN 55323 38 07-117-23 13 0209 00030 ADDRESS UNASSICNEO HENNEPIN FORFEITED LAND CITY OF ORONO PO BOX 66 CRYSTAL BAY HN 55323 38 07-117-25 13 0219 00038 ADDRESS UNASSICNEO HENNEPIN FORFEITED LAND CITY OF ORONO P 0 BOX 66 CRYSTAL BAY HN 55323 38 07-117-23 21 0003 00995 WILDHURST TR S J NACEL 8 H NAGEL SCOTT J NAGEL 995 WILDHURST TR HOUND HN 55369 38 07-117-23 21 0013 01001 WILDHURST TR NANCY L FERRELL NANCY L FERRELL 1001 WILDHURST TR HOUND HN 55369 L.-“ .7 0 o REPORT NO. PZ9SS901 PAGE 7 38 07-117-73 12 0009 00005 FOREST ARHS LA J A 8 E S FRETHAH JAHES 8 ELIZABETH FRETHAN 805 FOREST ARHS LA HOUND HN 55369 SO 07-117-23 13 0207 00030 ADDRESS UNASS16NED HENNEPIN FORFEITED LAND CITY OF ORONO PO BOX 66 CRYSTAL BAY HN 55323 38 07-117-25 13 0210 00030 ADDRESS UNASSICNED HENNEPIN FORFEITED LAND CITY OF ORONO PO BOX 66 CRYSTAL BAY HN 55323 38 07-117-23 13 0216 00998 WILDHURST TR R N ZEBECK 8 R J ZEBECK RONALD N 8 RITA JANE ZEBECK 998 WILDHURST TR . HOUND HN 55369 38 07-117-23 21 0009 00997 WILDHURST TR C E BOEHH 8 H A C BOEHH CHARLES 8 HARY ANN BOEHH 997 WILDHURST TRAIL HOUND HN 55369 38 07-117-23 29 0011 01000 WILDHURST TR DIANE E BENSON DIANE E BENSON 1080 WILDHURST TR HOUND HN 55369 RUN DATE •8/12/99 BATCH 593 PROf ADDR OHNER NANE TARPAYER NAHE/AODR PROP ADDR OWNER NANE TAXPAYER NANE/ADDR PROP ADDR OWNER NAME TAXPAYER NANE/ADDR PROP ADDR OWNER NAME TAXPAYER NANE/ADDR HENNEPIN COUNTY PROPERTY INFORNATION SYSTEN PROPERTY OWNERS LIST REPORT m. PIASMOl PAGE 0 38 07-117-23 29 0015 09960 FOREST LAKE LANDING 0 i H 0VER80E OLE I HELEN OVERBOE 9960 FOREST LAKE LANDING NOUND NN 55369 38 07-117-23 29 0016 09950 FOREST LAKE LANDING R L I V A WOLFF ROBERT L i VELnA A WOLFF 9950 FOREST LAKE LANDING NOUND NN 55369 38 07-117-23 29 0017 09990 FOREST LAKE LANDING R S NULLIN 0 L F NULLIN ROBERT t LISA NULLIN 9990 FOREST LAKE LANDING NOUND NN 55369 38 07-117-23 29 0090 09970 FOREST LAKE LANDING R W WALTER JR 0 J N WALTER RICHARD W WALTER JR 9970 FOREST LAKE LANDING ORONO NN 55369 38 07-117-23 29 0091 09990 FOREST LAKE LANDING J N PREW 8 K L PREW JOHN I KAREN PREW 9990 FOREST LAKE LANDING NOUND NN 55369 38 07-117-23 29 0092 09980 FOREST LAKE LANDING LOREN F SCHOENZEIT ET AL LOREN F SCHOENZEIT 9980 FOREST LAKE LANDING NOUND NN 55369 * k/ 38 07-117-23 29 0095 •1006 WILDHURST TR F 0 JORGENSEN 0 R F 0 JORGENSEN t R 1006 WILDHURST TR NOUND NN 55369 N ASHER N ASHER 38 07-117-23 29 0096 01079 WILDHURST TR RII CONST OF pLOONINOTON INC R8I CONST OF BLOONINGTON INC 5290 NOLAN DR NimETONKA NN 55393 38 07-1X7-23 29 0097 09915 FOREST LAKE LANDING TINOTHY t LORIE LINE TINOTHY I LORIE LINE 9915 FORST LAKE LANDING NOUND NN 55369 CQ TOTAL BATCH 503 00027 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 BOUNTY DEPARTHENT OF PROPERTY TAXATION^ TO THE BEST OF NY KNOWLEDGE AND BELIEF. DATE F. ^ TO: DATE: 7 Chair Hawn and Orono Planning Commission Ron Moorse, City Administrator FROM: Paul Weinberger, Zoning Administrator/Plamier September 9,1999 SUBJECT: #2524 W. Duncan MacMillan 1700/1820 Fox Street Conditional Use Permit Zoning District: Lot Area: (Existing) RR-IB One Family Rural Residential District (2 Acre) 60 Orono Orchard Road 55,862.6 s.f. Exhibits A B C D E Application Location Map Plat Map Reduced Survey Property Owners List Summary of Request W. Duncan MacMillan has applied for a conditional use permit to allow land alteration of greater than 500 cubic yards and to permit grading within 5' of the propert>^ lines for redirecting a driveway access further to tfie east across a commonly owned property line. A 40 foot wide access easement would be granted by the 1700 Fox Street lot to the 1820 Fox Street lot. The existing driveway is quite steep. The proposed driveway would be at an 8% slope and the landing to Fox Street would be only 2%. The proposed drive would greatly reduce the overall slope for a driveway. Pertinent Ordinances Section 10.03, Subdivision 21 The property owner is required to apply for a conditional use permit because the total land alteration will exceed 500 cubic yards. Section 10.03, Subdivision 21 (C) Conditional Use Pemiits are required for grading within 5 ’ of adjacent residential property lines. H2524 ir. Duncan MacMillan Condilional Use Permit 9/9/99 Pag^ I Septic Sites The properties have conforming septic systems. The grading will not impact either of the systems located on the lots. Future septic sites likely would not be impacted due to the existing topography of the are", on the lots where the drive is proposed. STAFF RECOMMENDATION • Staff is recommending approval of the conditional use permit to allow the grading plan as shown on the survey, dated 8/18/99, by Schoell & Madson, Inc. subject to the following conditions: 1. 2. 3. 4. 5. 6. The City Engineer approves the grading plan and determines no additional improvements are required within the drainage easement shown on the survey. The access easement is approved by the City Attorney and filed on the chain-of-title for both properties involved prior to beginning land alteration. Applicant shall apply for and receive a land alteration permit from the Building and Zoning Department prior to any land alteration activity. The Director of Public Services shall approve the location of the curb-cut along Fox Street. The existing driveway and curb-cut shall be removed within 30 days of completion of the new driveway. No additional curb-cuts shall be approved for access to Fox Street to serve the 1820 Fox Street property. i!2524 W Duncan MacMillan Conditional Use Permit 9/9/99 Page 2 A Application # ^ ^ 2. W Date ReceKed g? Amount Paid ^*'2.5Q CITY OF ORONO - GENERAL LAND USE APPLICATION PROPERTY LOCATION Site Address Type of Application to be Filed L^/i Property Identification Number (P.I.D.) //7 £3 __________ APPLICANT ^ ^ Phone (home) ^ '’2-<-\0C^ Name, >> ^ \3 fV) V t'VT.' Vi (~\ Phone (work) 1^\C Address /:^ ) d<.^rzr-<Tu L/\I City tj OWNER (if different than applicant) Name Phone (home) Phone (vvork)_ # • Address City Zip Date Property Acquired V $ 1 50.00 Renewal ?er (no change froin original application) After-the-Fact Fee - Double Current Application Fee OTHER APPLICATIONS ____ _ S250.00 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 _____$100.00 Appeals Other - see Fee Schedule \ ■fi .. i f ■' (month/yea^'r I (do) (do not) also own the adjacent parcels of land. FEES - CONDITIONAL USE PERMITS - _____$ 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 Crcdit/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 ^ 6* o f Jj__ * Grading,‘sesiwalk- Tetainitig walls yvithih 75^ •pf lakeshore * PRD/PID - see Fee STchedule • i dc vou van tui MAP IREO LELA SIOl ANRniT L ,V 111 ' 'jfli DEVIN LA LONGVIEW CIR g vv<H^^**** COLIN^ V ABM600N WAY ORON ( BiVmg A»D6f >JLS_^ Orono.\ V Golf ' Course • • N X, II * . i WOOD CoHry Cllb /HILL Js n»is&ain WAV2 ^ "" VIDCKIRSON S M t|t. __Lake ((:' GBEENTIHE^^ ; "W / 1 hVj f Brawns .'■Bayf • * 0^ ! ® III //PronoA///5m/f/j B ly s . SEE MAP 76 ,, , V.* ------------------------------ • »• *. Bracketts Point . •* ^ * • \. ii ’ .• 4 .• ‘ r ■ 1; : • <fc SCHOELL 6l MADSON, inC. CNCiivClttS • SU«tvrrO«S • sot TiSTiNC • fK ••♦ONurMTAi sf»vK:rs ■N Client ORONO PLANNING COMMISSION MEETING MINUTES FOR AUGUST 16.1999 ROLL The Orono Planning Commission met on the above date with the following members present: Aciing Chair Sandra Smith, Commissioners Daniel Kluth, William Stoddard. Dale Lindquist, and Jay Nygard. Commissioners Elizabeth Hawn and Janice Berg were absent. The following represented City Staff: Zoning Administrator Paul Weinberger, Assistant Zoning Administrator Kris Jenson, and Recorder Jackie Young. Mayor Jabbour was present. Acting Chair Smith called the meeting to order at 6:30 p.m. NEW BUSINESS: PUBLIC HEARINGS (#1) TODD KIMMIS, 2102 SUGARWOCD DRIVE - REVIEW FOR SPECIAL CONSIDERATION WITHIN SUGAR WOODS PLAT. 6:31 p.m. • 6:44 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Todd Kimnis, Applicant, was present. Weinberger stated due to the special review procedure established for requests that do not meet the covenants and special zoning requirements within Sugar Woods, the Planning Commission assumes the sole responsibility for the review and final recommendations regarding requests for special consideration. The Applicant in this case is requesting a driveway ten feet from the side property line where 30 feet is required. Under this special review procedure, the Applicant does have the right to appeal the Planning Commission decision to the City Council at their next available meeting. Weinberger staled the special conditions placed on the development requires that any improvements that occur on the property must do so within the required building setbacks. Setback requirements for this lot are front 50 feet, rear 50 feet, and side 30 feet. The proposed driveway is a hardcover improvement and would be required to meet the 30 foot side yard setback. The Applicant is proposing to construct a side loaded garage. In an effort to preserve some mature trees that exist on the property, the property owner has requested the house be built near the front of the property, thus requiring the garage to be located closer to the side lot line than would be necessary if the house were built further from the street. Weinberger remarked that the adjoining property owner has submitted a letter in support of this application. City Staff is recommending approval of this application. Kimmis stated that he is requesting the setback variance in order to construct a side loaded garage at the proposed location in an effort to save some mature trees that exist on his property. Chair Smith inquired whether the proposed house and garage are outside of the tree root system. Kimmis stated that they are slaying outside the drip line of the trees, which is assumed as the edge ORONO PLANNING COMMISSION MINUTES FOR AUGUST 16,1999 (Todd Kimmis, Continued) of the root system. Kimmis commented that he purchased the lot due to the targe number of trees on the property, and in his opinion this is the best location for the house and garage. There were no public comments. Lindquist indicated he has no problem with this application. Nygard indicated he was in agreement with Lindquist. Stoddard inquired whether any other driveways have needed variances in this development. Kimmis stated that a majority of the driveways in this development have required variances. Kimmis remarked that the proposed hardcover is at 13.21 pe '.ent. Weinberger stated only a couple properties in this development have requested special consideration due to efforts to preserve the trees on their properties. Weinberger stated that the Applicant is under the hardcover and structural coverage limits for this property. Kimmis stated due to aesthetic reasons, he is proposing a side loading garage. Stoddard moved, Kluth seconded, to recomman approval of the Application for Todd Kimmis, 2102 Sugarwood Drive, to allow a driveway to encroach 20 feet into the required 30 feet side yard setback. VOTE: Ayes 5, Nays 0. (#2) #2511 DOUGLAS WHITELEY, 60 ORONO ORCHARD ROAD SOUTH • CONDITIONAL USE PERMIT, 6:45 p.m. - 6:50 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Douglas Whiteley, Applicant, was present. Weinberger stated the Applicant is requesting a Cond-lional Use Permit for an accessory building on a through lot. They are proposing to remove the existing garage located on the lot and build a new garage located closer to the center of the lot A Conditional Use Permit is required for through lots to ensure the development is consistent with the surrounding properties and that an accessory building is not located in an area that may obstruct the neighbors' views or in areas considered to be front yard areas. Weinberger stated the proposed location of the accessory building does not appear to detract from adjacent properties and would be located further from Orono Orchard Road. The Applicants are not proposing to change the access to the property with the new structure Whiteley stated his property is very hilly and wooded where the proposed garage will be located, and they are attempting to preserve as many of the larger mature trees as possible. Whiteley commented he is proposing to construct a garage which keeps with the character of the house. Smith inquired whether the Applicant is intending to continue to use the garage attached to the house. Whiteley stated the detached two car garage will be used mainly for storage, with the existing garage Page 2 ORONO PLANNING COMMISSION MINUTES FOR AUGUST 16,1999 (#2511 Douglas Whiteley, Continued) used to store his vehicles. Kluth noted that the existing garage is proposed to be removed. Whiteley stated that there is a singie car detached garage which wiil be removed. Weinberger stated if this was not a through lot, there would be no need for an application. There were no public comments. Lindquist moved. Smith seconded, to recommend approval of Application #2511.60 Orono Orchard Road South, for a Conditional Use Permit to allow the Appli'.ants to construct a detached garage on a through lot based on the location shown on the site survey submitted by the Applicant and the existing one-stall garage will be removed upon completion of the new building. VOTE: Ayes 5. Nays 0. Hems 3,4, and 5 follow Item No. 6. CONTINUED NEW BUSINESS: PUBLIC HEARINGS (#6) #2508 JAMES ERLER. 3448 NORTH SHORE DRIVE - VARIANCE. 6:51 p.m. - 6:59 p.m. James Erier. Applicant, was present. Jenson stated the Applicant is requesting a variance to the sideyard setback in order to add a second story to the existing residence 2.4 feet from the side yard property line where 10 feet is required, resulting in a variance of 7.6 feet. The addition wiii not resuit in any changes to the building structure and does not require a height variance. Eder stated this application is a result of some storm damage that the residence suffered. Kluth inquired whether the location of the house was grandfathered in. Jenson stated that the residence was constructed approximately 50 years ago. Weinberger stated the residence was constructed before the City adopted the ordinances regulating setbacks. Lindquist commented he does not have a problem with this application in that is is not adding anything to the existing foundation. Lindquist commented he does have a concern about adding more structure to a relatively small lot. but that legally there is nothing that prevents the Applicant from doing so. There were no public comments. Lindquist moved. Stoddard seconded, to recommend approval of Application #2508, 3448 North Shore Drive, to allow construction of a second story addition to the existing residence with a sideyard variance of 7.6 feet. Page 3 ORONO PLANNING COMMISSION MINUTES FOR AUGUST 16,1999 (#2508 James Erler, Continued) Smith inquired whether the stipulation should be added that no new hardcover will be allowed on this property, noting that the property is cuaently over hardcover limits in the 75-250 ’ setback and the 250-500* setback. Lindquist amended his motion, Stoddard seconded, to include the stipulation that any new request for additional hardcover on this property will not be looked upon favorably by the Planning Commission. VOTE: Ayes 5, Nays 0. SCHEDULED PUBLIC HEARINGS (#3) #2510 DOUGLAS WHITELEY, HEIDI HUST AND DAVID HUST, 600 ORONO ORCHARD ROAD SOUTH AND 45 SMITH AVENUE - CLASS I SUBDIVISION OF A LOT LINE REARRANGEMENT, 7:00 p.m. - 7:09 p.m. Douglas Whiteley, Heidi Hust and David Must, Applicants, were present. Weinberger stated the Applicants are requesting a subdivision of a lot line rearrangement between the lots that results in two substandard lots. The intent of this lot line rearrangement is to gain an additional 17 feet of frontage along Orono Orchard Road to allow for an addition of living space to the home. The lot line rearrangement would involve a land swap of approximately 2,500 square feet of land from each property to the other. The impact on the rear property width would be minimal, with each lot only losing 17 feet in width at tiie rear. Weinberger stated both properties are part of the Orono Orchard sewer expansion project this year and that this lot line rearrangement would not substantially change the size of each lot but would increase the frontage along the front lot line. City Staff is recommending approval of this application based on the three conditions outlined in the Planner's report. Whiteley commented that he would like to continue to reside in his house, noting that his neighbors are accommodating his desire to add on to the existing building. The Husts had no comment. There were no public comments. Weinberger stated there is a possibility that there are no current draiange and utility easements on this property, noting that the survey does not indicate any easements. The Applicant is required to dedicate drainage and utility easements along the new property lines and vacate any old drainage and utility easements along the old property line. The Applicant is also required to provide to the City proper documentation relating to the easements on both properties. Lindquist inquired whether there is sufficient room along the new property lines for the easements. Weinberger stated that there should be sufficient room for the easements. Smith inquired whether the Applicants were comfortable with the conditions proposed. Whiteley indicated he will comply with the conditions. Page 4 ORONO PLANNING COMMISSION MINUTES FOR AUGUST 16,1999 (#2510 Douglas Whiteley, Continued) Kluth noced that the lot line rearrangement results in two substandard lots. Weinberger stated that this area is currently zoned two acres, with both lots currently being substandard. Weinberger stated the lot line rearrangement will not substantially change the size of the lot. Lindquist moved, Kluth seconded, to recommend approval of Application #2510, 60 Orono Orchard Road South and 45 Smith Avenue, for a lot line rearrangement as proposed subject to the three conditions outlined in the August 16,1999 Planner's Report. VOTE: Ayes 5, Nays 0. CONTINUED NEW BUSINESS: PUBLIC HEARINGS (#5) #2506 EDWARD H. HAMM, 485 ORONO ORCHARD ROAD SOUTH - CONDITIONAL USE PERMIT, 7:10 p.m. - 7:17 p.m. Edward Hamm, Applicant, was present. Weinberger stated the City Council had previously approved extension of the sanitary sewer to the principal residence and two existing guest houses on the Hamm property. A condition of approval was to formally permit the two existing guest houses legal by requiring the property owner to submit an application to the City for a guest house conditional use permit. The conditional use permit would allow the continued use of the properly as a principal dwelling and two secondary guest houses. The number of dwellings is limited to three on the property for the three sewer units that have been provided on the site. City Staff is recommending approval of this application based on the fact that the guest houses meet the minimum principal building setbacks and is subject to the conditions outlined in the August 10,1999 Planner's Report and the conditions outlined in Resolution No. 4271. Smith inquired whether the correct address of the residence is 485 Orono Orchard Road South or 940 South Brown Road. Weinberger stated that the 485 Orono Orchard Road South is the correct address for this residence. Hamm stated that he is attempting to comply with the conditions required by the City Council. There were nc« public comments. Lindquist inquired if the property is subdivided in the future, whether the guest houses would be allowed to remain. Weinberger stated the guest houses in their current locations would need to be removed because they would not meet the required setbacks. If the property is subdivided, the property would need to meet the building requirements at that time. Hamm commented that the majority of the 18 acres is composed of wetland. Lindquist commented that he does not want to see the guest houses grandfathered in. Pages ORONO PLANNING COMMISSION MINUTES FOR AUGUST 16,1999 (#2506 Edward Hamm, Continued) Kluth inquired when the guest houses were constructed. Hamm stated they were constructed over 50 years ago. Stoddard moved, Kluth seconded, to recommend approval of Application #2506, 486 Orono Orchard Road South, for a guest house conditional use permit based on the structure meets the yard requirements established by the Municipal Code for a guest house conditional use permit subject to City Staffs Recommendations One and Two contained In the August 10,1999 Planner's Report. VOTE: Ayes 5, Nays 0. (#4) #2512 ALAN RICHIE AND MARILYN RICHIE, 905 TONKAWA ROAD • CLASS III SUBDIVISION, 7:18 p.m. • 7:29 p.m. The Certificate of Mailing and Affidavit of Publication were noted. David Erotas, Erotas Builders Corporation, was present on behalf of the Applicants. Weinberger stated the Applicants are requesting a three lot subdivision of a 6.3 acre lot. The lot is currently developed as a single residential site with a tennis court, driveway and paved walk to the lake. The Applicant has indicated that all existing structures and hardcover will be removed from the property prior to final plat based on subdivision approval, with a new residence being constructed on Lot 2 and Lots t and 3 being available for purchase. Weinberger stated that a previous applicant had requested a subdivision for this property previously but had withdrawn his request prior to City Council approval of the final plat. The time limit has expired on that previous application. Weinberger remarked that all lots within the LR-1B zoning district are required to meet a minimum of one acre dry buildable and t40 feet of width at the lakeshore. Each proposed lot in this subdivision does exceed the minimum standards for lot width and size and appears to demonstrate suitable building sites. The surrounding properties are also zoned LR-1B. The proposed subdivision is consistent with the Tonkawa area, and access is proposed off of Tonkawa Road. Weinberger stated that the property was assessed for three sanitary sewer units in 1976, and all assessments have been paid. Sanitary sewer to Lots 1 and 2 should be provided from Tonkawa Road, with the existing sewer on Tonkawa Road east of Lot 1 being extended to the south approximately 100 to 200 feet to serve Lot 2. Sewer connection for Lot 3 should be extended over the southwestern portion of the property This property is subject to a bluff impact zone, with the bluff line being depicted on the survey. The existing topography is very steep extending to the lake, and all structures are required to meet a 30 feet top of bluff setback No land alteration or construction is allowed within the bluff impact zone. Staff is requesting the standard drainage and utility easements along the property line prior to nnal plat. Weinberger stated the newly created lots will need to meet all the zoning district requirements for developments in the LR-1B zoning district, and is recommending approval of this application based on the conditions outlined in the August 9,1999 Planner's Report The Applicant will need to submit a grading and erosion plan for the entire site subject to review and approval by the Page 6 ORONO PLANNING COMMISSION MINUTES FOR AUGUST 16,1999 (#2512 Alan Richie, Continued) City Engineer as well as obtain a permit frorr Hennepin County Department of Transportation for the new curb cut and access to Lots 1,2, and 3. The Applicant is further required to submit plans for extension of the sanitary sewer service for review and approval by the City Engineer and Public Works Director. Erotas stated they have the understanding that this property was previously approved for a three lot subdivision before the original residence was constructed. Weinberger stated it was originally subdivided into three lots and then combined into one lot for tax purposes. There were no public comments. Smith inquired whether the applicants have any concerns regarding the conditions outlined in the Planner's Report. Erotas stated they are in the process of complying with the conditions. Smith moved, Lindquist seconded, to recommend approval of Application #2512, 905 Tonkawa Road, for a three lot lakeshore residential subdivision of a 6.3 acre iot, with the understanding that the Applicants must comply with ail the conditions outlined in the August 9,1999 Planner's Report. VOTE: Ayes 5, Nays 0. CONTINUED NEW BUSINESS: PUBLIC HEARINGS (#7) #2509 ANDREW RONNINGEN, 3030 CASCO POINT ROAD - VARIANCE. 7:30 p.m. • 7:56 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Andrew Ronningen, Applicant, was present. Jenson stated the Applicant is requesting variances to construct a two story, 22' by 24' addition to the existing ’ ome. Variances are required to the average lakeshore setback, as well as hardcover within the 75-250' zone. The Applicant has proposed to remove 18 patio blocks as part of this project; however, Staff feels that in there is a large amount of landscaping with plastic undertayment that could be removed in order to allow for the addition and stay under the 25 percent hardcover allowed. Structural coverage limits will not be exceeded with this addition. With the reduction of 320 square feet of landscaping, the hardcover would be reduced to 24.2 percent. Ronningen stated they would like to construct the addition onto their house to accommodate their growing family. Lindquist stated that the Planning Commission does not count plastic as hardcover anymore, but that removal of the plastic will be a condition of approval. Lindquist inquired whether removal of the patio blocks would be sufficient to bring the hardcover under the 25 percent limit. Jenson stated removal of the patio blocks would account for approximately 180 square feet, but would need to remove approximately 320 square feet of hardcover elsewhere in order to bring the hardcover below the 25 percent limit. Pajsc 7 ORONO PLANNING COMMISSION MINUTES FOR AUGUST 16,1999 (#2509 Andrew Ronningen, Continued) Lindquist Inquired whether 320 square feet of hardcover could be removed outside of the plastic undertayment. Ronningen commented the driveway is gravel with grass down the middle. Smith stated that the entire gravel driveway would count as hardcover. Smith inquired if the piabiiu uPderlayment is removed, what the hardcover would be reduced to. Jenson stated there is approximately 436 square feet of landscaping with plastic underlayment currently, and the size of the addition is 520 square feet, which would result in a hardcover figure under 25 ' ercent. Jenson noted that removal of the patio blocks is already calculated into the hardcover figures. Stoddard inquired whether the neighbors have expressed any concerns regarding this application. Jenson stated the property is heavily wooded and would not impact the neighbors' property. There were no public comments. Smith stated in her view the plastic underlayment will need to be removed as a condition of approval. Jenson stated if all the plastic undertayment is removed, hardcover would oe approximately 24.5 percent. Jenson stated a minimum of 350 square feet of hardcover would need to be removed in order to meet the 25 percent hardcover limit. Stoddard moved, Kluth seconded, to recommend approval of Application #2509, 3030 Casco Point Road, for a variance to the average lakeshore setback to construct a two story, 22* by 24* addition to their existing home, subject to the removal of approximately 436 square feet of landscaping/plastic underlayment within the 75-250* zone. Smith inquired whether this would be another property that should be notified that no new applications for hardcover will be looked upon favorably by the Planning Commission. Stoddard stated that with removal of the plastic underlayment and landscaping, the hardcover would be under the 25 percent limit, so in his view that stipulation is not warranted on this property at this time. Stoddard commented his motion will remain as originally stated. VOTE: Ayes 5, Nays 0. (#8) #2513 CONNIE PIEPHO, 540 NORTH ARM DRIVE - VARIANCES, 7:57 p.m. - 8:01 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Connie Piepho, Applicant, was present. Jenson stated the Applicant is requesting a variance to the average lakeshore setback to permit construction of an inground pool, which is 830 square feet. The pool is large enough to be classified as an oversized structure, which requires 15 feet from the property line. The pool itself is currently proposed at 13 feet from the side property line. Staff is recommending that the pool be relocated Pages ORONO PLANNING COMMISSION MINUTES FOR AUGUST 16,1999 (#2513 Connie Piepho, Continued) two feet over to comply with the 15 foot setback. Jenson stated upon further review of this application, Staff has discovered that the secondary septic site is located between the home and the current septic system site. The Septic Code requires all strjctures to be located at least 20 feet from the septic site. The pool in its proposed location does not meet the required 20 feet and would need approval from the City's septic inspector. Staff is not in favor of a reduced setback for the septic, but would be in favor of the Applicants identifying a secondary septic site that meets the required setbacks elsewhere on the lot. Piepho stated they are attempting to comply with the City Codes as much as possible. Kluth inquired whether an alternate septic site could be located on the properly. Piepho stated that there is a possible area in the front and that they would be willing to relocate the pool two feet further from the property line. Jenson suggested that approval be subject to submittal of documentation verifying an alternative septic site. Lindquist stated he would be willing to approve the average lakeshore setback but no other variances. There were no public comments. Smith commented that the pool should not encroach on any easements or secondary septic site. Weinberger inquired whether the Applicant was planning to erect a fence around the pool, noting that Orono only allows fences three and a half feet within the average lakeshore setback. Piepho stated that a fence will not be constructed. Stoddard noted that Orono does not require fences to be erected around pools. Kluth moved, Stoddard seconded, to recommend approval of Application #2513, 540 North Arm Drive, for an average lakeshore setback to permit construction of an inground pool subject to submittal of documentation verifying the location of a suitable secondary septic site, with the understanding that no other variances should be required on this application. VOTE: Ayes 5, Nays 0. (#9) #2515 TOM AND MAUREEN PALM, 1685 CONCORDIA STREET • VARIANCES, 8:02 p.m. 8:12 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Tom Palm. Applicant, was present. Jenson stated the Applicants are protiosing to construct a new 30' by 30' garage in a different location than the existing 24' by 26' garage, as it is located partially over an existing sewer easement. The existing garage is locat ;d 98 feet from the rear property line, with the proposed Page 9 ORONO PLANNING COMMISSION MINUTES FOR AUGUST 16,1999 (#2515 Tom and Maureen Palm, Continued) garage being located 48 feet from the same property line. Because the structure is considered to be oversized, the sideyard setbacks are required to be 15 feet rather than the district 10 foot standard. Staff is recommending that the garage be reduced by five feet in depth, which would allow the Applicants to maintain a three car garage and still meet the 10 foot setback requirements. Jenson stated a 750 square foot garage would reduce the existing hardcover to 28.9 percent in the 75-250' setback, with the current hardcover being calculated at 34 percent. Palm indicated he would be in favor of reducing the size of the garage to 25' by 30'. Palm noted the City has received two tetters from his adjoining neighbors indicating support of this project. Jenson stated the letters are included in the Planning Commission's packet. Palm commented in his opinion this situation benehts everyone by reducing the existing hardcover on the properly and relocating the garage off the sewer easement. Tom Tralnor. 1675 Concordia Street, indicated that he was in support of the project. John Gehring, 1687 Concordia Street, commented he also was in favor of the project. Palm indicated he would be willing to reduce the size of the garage to 750 square feet. Lindquist moved, Nygard seconded, to recommend approval of Application #2515, 1685 Concordia Street, to permit construction of a 750 square foot garage and driveway as depicted on the survey, with the understanding that the existing garage will be removed. VOTE: Ayes 5, Nays 0. Item No. 10 follows Item 15 (#11) #2517 SCOTT AND LISA BITTMAN, 25 BROWN ROAD SOUTH - VARIANCES, 8:15 p.m. • 8:22 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Scott Bittman, Applicant, was present. Jenson stated the Applicants are requesting a front yard variance to add a second story to the existing home, which was constructed 42.7 feet from the right-of-way to Brown Road South. Jenson commented the lot is heavily wooded and the house is not visible from the road. Jenson stated the addition was started without a building permit, with the roof having been removed by the time Staff had discovered the work. Staff allowed the work to continue with the understanding that the variance would be applied for to make the addition legal. Bittman had no comment There were no public comments. Stoddard inquired why the work was commenced without a building permit. Page 10 ORONO PLANNING COMMISSION MINUTES FOR AUGUST 16,1999 (#2517 Scott and Lisa Bittman, Continued) Bittman stated that there was a previous second story to this residence, with the roof being removed in an effort to determine the extent of the work needed. Bittman stated that a building permit had been applied for prior to the work being commenced but the process took over two months for the permit to be issued. Jenson stated that an application for a building permit was submitted. Jenson commented that the entire second story of the residence is being replaced. Bittman stated they are replacing the second story due to the deteriorated state of the residence. Kluth commented that he does not want tc enccurage people to commence work on their residences without the appropriate building permits, notir^ that sometimes the improvements are required to be tom down if the work is completed without the ap propriate building permits. Lindquist stated that normally a building permit is obtained within two weeks. Bittman stated that a survey was required, which took two months to obtain. Weinberger stated the building inspector had given the approval for the work to continue due to concerns regarding the present damage to the house. Lindquist moved, Smith seconded, to recommend approval of Application #2517, 25 Brown Road South, to allow a. front yard variance to add a second story to the existing home within the 50 foot setback to Brown Road South. VOTE: Ayes 5, Nays 0. PLANNING COMMISSION COMMENTS (#13) OTHER ISSUES FOR DISCUSSION Mayor Jabbour stated the Planning Commission and City Council needs some continuity regarding the Issue of plastic undertayment and whether it should be considered as hardcover or legally non*conformlng. Jabbour stated he has a concern that people are trading in non-conforming structures or hardcover in an effort to make their properties more legally conforming and that perhaps the City Council and Planning Commission should take the view that the non-conforming structures or hardcover should be immediately removed. Kluth commented that It would be nice if the Planning Commission could be provided with copies of all previous variance requests on a property whenever a new application is submitted. Mayor Jabbour commented that perhaps the issue dealing with hardcover should be explained prior to the application reaching the Planning Commission. Smith suggested that the Applicants be given examples of what is allowed and not allowed for hardcover as part of their application, especially if the property owner is new to the application process. Page 11 ORONO PLANNING COMMISSION MINUTES FOR AUGUST 16,1999 (#12) REPORT OF PLANNING COMMISSION REPRESENTATIVES ATTENDING COUNCIL MEETINGS ON JULY 26,1999 AND AUGUST 9,1999 Smith stated she attended the July 26.1999 City Council meeting, where the Mayor had complimented the Planning Commission for their fine efforts on the Peter Boynton application. Mayor Jabtx)ur stated in his opinion the demonstration of hardship as defined by statutes was good. Smith stated the Bancor Group's request was heard at the meeting as well regarding rezoning and the request for a PRD. Mayor Jabbour commented that the City Council basically followed the recommendations of the Planning Commission, noting that two of the City Council members were initially opposed to rezoning of this property, with one of the members changing his mind at the end regarding one acre zoning. Smith commented that there is a City Council workshop on August 26 regarding housing options. Smith stated she has requested that Mike Gaffron inform the Planning CommiC5ic;t members whenever comprehensive plan issues will be discussed. Mayor Jabbour stated that the members of the Planning Commission are invited to attend the workshop on the 26th. Lindquist commented that he would like to get more advanced notice of some of these workshops, noting in the past he has not always gotten much notice. Stoddard stated that City Staff could utilize voice mail or fax to notify them of an upcoming workshop. Elizabeth Hawn attended the August 9,1999 City Council meeting but was not present at tonight's meeting. Weinberger stated that the Luzaichs' attorney is with the City Attorney in an effort to arrive at a mutual agreement regarding access by the City to the property to ensure reforestation. (#14) PLANNING COMMISSION APPROVAL OF MINUTES FOR JULY 19,1999 Smith stated she was present at this meeting, noting that her name is not mentioned in the roll. Smith requested that corrections be made on Page 12 to reflect housing in the $350,000 to $600,000 range as well as holding ponds are not to be turned into private beaches. Lindquist moved, Kluth seconded, to approve the Planning Commission Minutes for July 19,1999, as amended. VOTE: Ayes 5, Nays 0. (#15) SELECTION OF REPRESENTATIVES FOR CITY COUNCIL MEETINGS ON AUGUST 23,1999 AND SEPTEMBER 13,1999 August 23 • Lindquist September 13 - Nygard Page 12 ORONO PLANNING COMMISSION MINUTES FOR AUGUST 16,1999 (#10) #2516 JEFF MARTINEAU, 1420 SHORELINE DRIVE • VARIANCES Jeff Martineau, Applicant, was not present. Lindquist moved, Nygard seconded, to table Application #2516,1420 Shoreline Drive, due to the absence of the Applicant. VOTE: Ayes 5, Nays 0. ADJOURNMENT There being no further business to discuss, the meeting was adjourned was 8:42 p.m. Sandra Smith. Acting Chair Page 13