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Home My WebLink About07-10-2023 Council PacketAgenda Council Meeting Monday, July 10, 2023 6:00 P.M. Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356 952-249-4600 / www.oronomn.gov Sign up for email notifications at www.oronomn.gov Roll Call Pledge of Allegiance Approval of Agenda Consent Agenda 1. City Council Meeting Minutes of June 26, 2023 2. City Council Work Session Minutes of June 26, 2023 3. Claims/Bills 4. Authorization to Hire Anne Hentges – Accountant 5. Approval of Rental License 6. Approval to Accept Donation – CenterPoint Energy Community Safety Grant – Resolution No. 7379 7. Approval of Tonkawa-Partenwood Forcemain Replacement Award (22-021) 8. LA23-000022 – Michael Clark, 565 Leaf Street, Variance – Resolution No. 7380 9. LA23-000023 – Bob Renaud with Minnesota Green o/b/o Brent Longval, 1856 Shadywood Road, Variance – Resolution No. 7381 10. LA23-000024 – Sarah & Kevin Revering, 1960 Fox Ridge Road, Variance – Resolution No. 7382 11. LA23-000028 – Loren and Julia Parks, 350 Crestview Avenue, Variances – Resolution No. 7383 Presentation 12. Tour de Tonka 13. Representative Andrew Meyers Annual Update Community Development Report 14. LA22-000064 – Lebrisia Iversen, 4448 North Shore Drive, Variances Finance Report City Attorney Report 15. Amending Resolution No. 7374 via Resolution No. 7384 City Administrator/Engineer Report 16. Next Work Session Draft Agenda 17. Approval of 2023 Annual Appointments – Resolution 7385 18. Council Member Provided Document Label Public Comments – (Limit 3 Minutes per Person) This is an opportunity for the public to address the City Council. The council will not engage in discussion or take action on items presented at this time. However, the council may refer issues to staff for follow up or consideration at a future meeting. Speakers should state their name and home address at the podium before speaking. The council will first open the podium to City of Orono residents before opening the podium to any member of the public wishing to address the council. Agenda Council Meeting Monday, July 10, 2023 6:00 P.M. Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356 952-249-4600 / www.oronomn.gov Sign up for email notifications at www.oronomn.gov Mayor/Council Report Adjournment Upcoming Events 2023 07/17 Planning Commission Meeting, 6:00 p.m. (Dennis Walsh) 07/24 Council Work Session, 5:00 p.m. 07/24 Council Meeting, 6:00 p.m. 08/07 Park Commission Meeting, 6:00 p.m. 08/14 Council Work Session, 5:00 p.m. 08/14 Council Meeting, 6:00 p.m. 08/21 Planning Commission Meeting, 6:00 p.m. (Richard F. Crosby II) 08/28 Council Work Session, 5:00 p.m. 08/28 Council Meeting, 6:00 p.m. 09/04 City Offices Closed 09/05 Park Commission Work Session, 6:00 p.m. 09/11 Council Work Session, 5:00 p.m. 09/11 Council Meeting, 6:00 p.m. 09/18 Planning Commission Meeting, 6:00 p.m. (Alisa Benson) 09/25 Council Work Session, 5:00 p.m. 09/25 Council Meeting, 6:00 p.m. MINUTES OF THE ORONO CITY COUNCIL MEETING June 26, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 1 of 11 ROLL CALL The Orono City Council met on the above-mentioned date with the following members present: Mayor Dennis Walsh, City Council Members Matt Johnson, Alisa Benson, Richard Crosby III, and Maria Veach. Representing Staff were City Attorney Soren Mattick, City Administrator/Engineer Adam Edwards, Finance Director Ron Olson, Fire Chief James Van Eyll and Parks Superintendent Josh Lemons. Mayor Walsh called the meeting to order at 6:00 p.m., followed by the Pledge of Allegiance. SWEARING IN CEREMONY 1. Mayor Walsh administered the Oath of Office to Maria Veach who was appointed to the City Council to fill out the term of Victoria Seals. Veach was immediately seated. APPROVAL OF AGENDA The agenda was approved by consensus CONSENT AGENDA 2. CITY COUNCIL MEETING MINUTES OF JUNE 12, 2023 3. COUNCIL WORK SESSION MINUTES OF JUNE 12, 2023 4. CLAIMS/BILLS 5. 2023 OFFICIAL MEETING CALENDAR UPDATE This item was removed from the consent agenda. Crosby moved, Johnson seconded, to approve the Consent Agenda with Item 5 removed. VOTE: Ayes 5, Nays 0. 5. 2023 OFFICIAL MEETING CALENDAR UPDATE Benson asked to have this item pulled from the consent agenda. She asked about the apparent intention to do away with Park Commission work sessions. Park Supervisor Lemons said there has often been little to put on a work session agenda. The proposal is to cancel them as regular work sessions and schedule them as needed. There would be more emphasis on staff working with the commissioners and committee members on issues, he said, and then they would be brought to the regular City Council meetings. Benson moved, Crosby seconded, to approve Item 5, 2023 Official Meeting Calendar as presented. VOTE: Ayes 5, Nays 0. PRESENTATION 6. COMMISSIONER LATONDRESSE ANNUAL UPDATE MINUTES OF THE ORONO CITY COUNCIL MEETING June 26, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 2 of 11 Hennepin County Commissioner Chris LaTondresse presented his annual report to the City Council with a slide presentation. He is the County Commissioner representing District 6 which includes Orono. He said the County has seen a doubling of family homelessness which is defined as a parent and child with no place to sleep at night. This crisis has surged with the sunset of the federal eviction moratorium this past summer and the end of emergency rental assistance dollars that Hennepin County administered on behalf of the federal government. One in three Hennepin County families are housing cost burden, which means they pay more than a third of their income on their rent or their mortgage, he added. Hennepin County stewards over $106 million annually across a whole continuum of resident housing needs from homeless shelters to affordable homeownership. Some of the County’s innovations have included converting hotels into single room occupancies and an eco-village which is the first indoor tiny home village anywhere in the country. The Commissioner also discussed public safety which he said is a priority of his. He said a workforce shortage is affecting all departments with increased pressures to serve residents with mental and behavioral health challenges. It's critical that these public servants have the resources and support that they need to do their jobs with fidelity and excellence, he said. Hennepin County has approved the sheriff’s office request for 31 new full-time deputies and is working to fill those positions. The County has also implemented an embedded social worker program that includes local law enforcement agencies including Orono. He said the County is also making great strides in specifically addressing the mental health needs of students. According to the CDC, more than four in 10 Students feel persistently sad or hopeless, and one in three experience poor mental health. Through Hennepin County school-based mental health partnerships, the County is now providing services to over 6,000 students annually as of this year and has expanded these services in this partnership to every eligible school district countywide. The County has also invested in small businesses, he said, including about a quarter million dollars in Orono. He also highlighted a list of public works projects in the area. Johnson asked about funding for the embedded social worker program. LaTondresse said it is a partnership with a 60/40 cost split. The social workers are Hennepin County employees which is important for privacy and hand-off of information. It is not an alternative response to social workers are not being sent out without a law enforcement response. The service is mostly of a follow-up nature rather than a joint operation. Benson asked about demand for the program. The Commissioner said demand is increasing. Hennepin County has been able to rely on Medicaid reimbursement based on caseload and he said he continues to lobby in Washington DC for more funding for all parties for this service. FIRE DEPARTMENT REPORT 7. UPDATE ON DEVELOPING SPEC AND OBTAINING QUOTES FOR RESCUE PUMPER, BRUSH/MEDICAL RESPONSE UTILITY AND TENDER/TANKER FINANCE REPORT MINUTES OF THE ORONO CITY COUNCIL MEETING June 26, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 3 of 11 Fire Chief Van Eyll said the purpose of this action item is to inform Council on staff's plans for procurement of fire equipment necessary to provide services to the Navarre service area. In the needs assessment accepted June 12, staff recommended that the City of Orono have a rescue pumper, brush/medical response utility, and tender/tanker at each fire station. At the June 12 meeting, Council directed the new department to be ready to provide service to the Navarre area in July of 2024 and the rest of the City by the end of the contract, he said. For the rescue pumper, step one would be to try and coordinate access to Engine 21 with Long Lake. The engine was purchased solely by the City of Orono in 2000 to serve the Navarre area. Once a replacement is procured, it can be used as a backup pumper. Step two would be to solicit proposals for a new or slightly used rescue pumper. The lead time for new apparatuses has been ranging from 24 to 36 months with costs between $500,000 and one million dollars. The City will also solicit new proposals for the brush medical response utility as based on the vehicle use, Staff does not recommend a used vehicle for this role. For the tanker tenders, step one would be to coordinate a buyout of one of the two existing tankers from Long Lake that Orono currently owns with Medina and Long Lake. If that is unsuccessful, the next step would be to solicit proposals for a new or slightly used tender truck or tanker truck. The funding for these would be coming from the fire equipment fund, he said, with a possibility of purchasing some pieces in a five-year payment plan. Van Eyll recommended that staff engage the City of Long Lake staff for the purchase of one of the two tenders as well as the disposition for Engine 21. Once received, quotes would be brought to the City Council. Benson questioned whether, given the lawsuit situation with Long Lake, trying to negotiate equipment buy-outs with Long Lake was a viable option. Van Eyll said it was something to pursue. Benson asked about the ability to repair a truck that is not in service. Van Eyll said he was not familiar with any fire vehicle being down but would look into it. FINANCE DIRECTOR REPORT Finance Director Olson updated the City Council on technology saying that Security and Sound would be working at City Hall the next morning and some of the system will be in place by the next meeting including a TV monitor that will allow the Council to see what is being recorded. Because of backorders, the full system in the Council chambers will not be complete until late September, he said. CITY ATTORNEY REPORT Attorney Mattick said his only update would come in the closed session at the end of the meeting. PARKS DEPARMENT REPORT Park Supervisor Lemons reported Parks is staying busy. They just finished cutting down the rest of the trees at Hackberry Park after the demo of the house on the property. He and Edwards will be meeting with the Park Commission subcommittee for Hackberry on Wednesday to discuss the master plan for the park. The Golf Course is busy and today was the first food truck event. Depending on how these go, they plan to have a food truck every other week. He acknowledged the parks and golf course MINUTES OF THE ORONO CITY COUNCIL MEETING June 26, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 4 of 11 CITY ADMINISTRATOR/ENGINEER REPORT 8. NEXT WORK SESSION DRAFT AGENDA City Administrator Edwards said he had recommended to cancel the next work session but the Cannabis discussion was cut short today so he would change his recommendation to having a work session on July 10 before the regular Council meeting. Johnson moved, Crosby seconded, to add the cannabis discussion to the July 10, 2023 work session agenda. VOTE: Ayes 5, Nays 0 Edwards also said the new public works building is progressing on schedule. They have had the pre- construction conference for parking lot work at the Navarre parking lot in mid-July and the golf course in September. The project of lining old clay sewer pipes will begin soon and this year they will be finishing up all of the older main sewer pipes on Casco Point. PUBLIC COMMENTS Mayor Walsh opening public comments with the change that Orono residents would be called on to speak first. Kathy Sweetman, 475 Deborah Drive, said she was speaking again that evening to protest what she has seen in terms of the process and the conduct that takes place at City Council meetings citing a few examples of abuse of power. She stated that at the February 1, 2023 meeting she saw the Mayor engage in an uninterrupted 15-minute rant berating another Council Member. Pleas for a fulsome discussion to consider all aspects of fire services have been ignored, she said, adding that the meeting of May 22, 2023 was not adequate. Other member matters have been similarly dismissed. She said two weeks ago it was argued that the Mayor was elected; let him do his job. She said she agrees the Mayor was elected but disagrees that he's doing his job. She claimed the Mayor gaslights, manipulates with counter-narratives, denies facts, and discredits and silences people who don’t agree. She thanked the firefighters and their families for having sacrificed so much to keep the community safe. She called on the angry individuals who are present week after week to recognize that yelling obscene language and engaging in personal attacks will not solve their problems and garner empathy from fellow citizens. She asked the citizens of Orono to pay attention to what is happening in the City, adding that democracy is not a spectator sport and there is an election next year. Kim Carswell, 261 Cygnet Place, said her comments were in response to the June 12, 2023 Council meeting. By suppressing Councilmember discussion, the Orono City Council is not following best practices for fair and impartial decision-making, she said. It is important for Orono citizens to hear all the Council Member’s viewpoints, she continued, so shutting down Alisa Benson's discussion at the last meeting was an insult to the Orono majority that elected her in 2022. She noted Carswell said Benson represents the most recent voters choice and those voters deserve to hear her point of view. She said meetings are being run like there is an autocracy and quoted from the Minnesota Mayor’s Handbook which reads in part that presiding officers should not dominate discussion, and that in most cities the mayor has the same rights as other council members but since the mayor is also the presider at the meeting, mayors may choose to limit their comments or save their comments until all other members have MINUTES OF THE ORONO CITY COUNCIL MEETING June 26, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 5 of 11 had a chance to voice their views. The Handbook continues, presiding officers should also allow participants to speak and present their views. Mayors should not use their authority to silence political opponents or suppress views with which the mayor does not agree. Carswell said if the Mayor is not going to have decorum, it is up to the rest of the Council to step in and show the citizens they care about conducting a respectful meeting. She said the Council is following legal procedures but is not following the best practices for a healthy, respected, and vibrant Council. Benson won the most votes in the last election so that is her base of support, she said, and watching her being suppressed by the current Mayor and other Council Members is not sustainable or a winning strategy for Orono, its citizens, or the Council. She pointed out 2024 is an election year and three Council Members’ terms will be up. She called on residents to select collaborative and respectful citizens when they enter the voting booth. Penny Saiki, 2874 Casco Point Road, asked about the number of lawsuits the City is facing and the cost of defending these lawsuits. She said there's got to be some liability here with the Council. When they take the Oath of Office they are still a person, she said, and when they step on the Council they are still a person. Acting for the citizens does not take away liability for their actions, she said, adding she hopes they realize when the new Fire Department takes over and if things don’t go as planned and something happens, sitting on the Council doesn’t take away their liability and their responsibilities as persons. Kelly Grady, 271 Greenhill Lane, Long Lake, said she is a fire wife and she intends to continue to address the Council during the problem-solving the two cities are engaged in over fire service. She said she was disappointed at the last Council meeting to learn that the Long Lake firefighters submitted a letter to the Council and were not allowed to read it in front of the public. She read an excerpt from the letter which stated that the action of the Orono City Council to annex Station 2 and its call area goes directly against the recommendation of the Long Lake Volunteer Firefighter’s Relief Association to both cities to keep the fire department whole. According to the letter, it does not benefit the community to dismantle an operationally-successful fire department, and in turn to support superfluous departments with uncertain futures. She said she plans to pose the same questions to the City Councils of both Orono and Long Lake. What steps are being taken to keep this crew together as per their request? What is being done to ensure those that want to continue to serve can do so in a similar capacity? What is being done to allow each firefighter to maintain their years of service and the benefits that they have earned in service to the community? Will the Councils ensure that their pensions are made whole? And will their training and certifications be maintained? She would just like the fire fighters to be heard because the situation is starting to be referred to as an ugly divorce and it is affecting the fire crew in negative ways while they continue to serve heroically. Brad Erickson, 2485 Independence Road, said he first wanted to apologize for his part in the mayhem at the last meeting but figured that the Council being such defenders of the Constitution they would be more about the First Amendment than they have proven to be. He said he spoke with the City Attorney after the last meeting and learned there is no requirement to live in this City to speak in the City. He said he has millions of dollars in investment in this City and pays hundreds of thousands of dollars a year in taxes. He referred to the Mayor as Denny the Divider and said he was dividing the community during the pandemic, during George Floyd, during the election cycles, with Long Lake, and now is trying to divide up Long Lake. He said he had no idea the video the Mayor sent him in 2020 would lead to the Capitol steps on January 6. He said he plans to file a lawsuit against the City that would be number seven this year. He MINUTES OF THE ORONO CITY COUNCIL MEETING June 26, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 6 of 11 added he had offered the Council a way to settle the matter and warned that this is what he would do and he is not going away. He said the Council should have taken Ms. Benson’s advice to use League of Cities mediation. Chelsea Wetrick, Independence, said she would also like to apologize for her involvement in the mayhem at the last meeting but had she not been interrupted, there would not have been so much mayhem. She asked why Mayor Walsh tells people to stay offline when he himself participates online. She added he is very bold online but in person is just a weak little man. He won’t answer questions or use mediation, she said. If the Council doesn’t like everything that's going on with the craziness of the meetings, they should man up and deal with it, she said, adding it’s not about them but they make it about themselves. Helen Landgraver, 2570 Thoroughbred Lane, said she has attended the last several meetings, especially regarding the fire issue. The Council does not respond to public comment during the meetings, which she said she completely understands, but she would like an answer to the request that many have made over the last several meetings for a clearly articulated reason why the Orono Fire Department must exist. She estimated her taxes will be going up at least 20 percent in the next year. She again asked for some clearly- articulated reason why this is required, noting there is a very intelligent voter base in Orono and logic appeals. She requested a clearer understanding of what it is that requires the City to set up a separate fire department actually comparing apples to apples, response time to response time. MAYOR/COUNCIL REPORT Veach, the new Council member, introduced herself as a longtime resident and an Orono graduate. She said her husband and kids became proud Orono community members and she has been very active in the community for a long time. She grew up in Long Lake and so has deep roots in the community in general. She apologized for the unfortunate timing of being out of town on vacation for the last meeting and said she hopes that she is approachable, and the public can reach out to her as needed. Benson noted her report was going to take about 10 minutes. She said last week was her first time attending the annual League of Minnesota Cities conference. With over 700 elected officials and city staff from across the State gathered to hear from experts in a variety of fields, she said, some common themes emerged. One was the importance of listening in the role of elected officials. Listening, they were told, isn't enough. It's essential to collaborate openly with the people served and create a shared vision for the community. She said serious discord has become a common fixture in City Council meetings and flows into the community and causes harm to residents, staff, and to the relationships with neighboring cities. A lack of trust lies at the center of this upset, according to Benson. When residents do not trust the actions of their elected officials the foundation of communal goodwill is eroded. Serving in the role of Council member requires a willingness to speak openly about issues that impact residents, even when doing so may not be viewed favorably by one's colleagues. She said she created several documents to demonstrate why the Council continues to grapple with issues of trust. She noted in discussing issues it is important to agree on basic facts. She said her documents are based in fact with everything pulled from verifiable City records. They are not opinions, they are data, she said. Since the Mayor did not allow them to be shown on the screen at the previous meeting, hard copies will be available at the end of the meeting and copies have been provided to Edwards for the public record. MINUTES OF THE ORONO CITY COUNCIL MEETING June 26, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 7 of 11 Benson said the first document relates to fire services and is a simple timeline that covers the last five years of events related to the formation of an Orono Fire Department. The timeline highlights the lack of effort to inform and collaborate with citizens from the beginning of the process including the publication date of every City newsletter and utility bill insert from the last few years. One brief mention of the Orono Fire Department was a few words in the January February newsletter from this year that came after many consequential decisions, including ending the contract with Long Lake, purchasing equipment, and hiring a fire chief had been made. She asked how elected officials can expect the community to trust their decisions when they are not invited to the table at the outset. Engagement came at the very end of the process and involved one public hearing and the invitation to write comments to the City, she said, but the Council has not discussed the comment cards. They were not tabulated and the public was given no opportunity to see results in an accessible format. The second document she created is a spreadsheet that organizes data from the comment cards. The data collected through the City’s own process does not support the direction that the City is taking. She noted that the Council’s action has resulted in new legal action being taken against the City of Orono during the past week. She said the City is heading in a new direction that is unfavorable with residents, will cost more, goes against nationwide trends, and may result in costly litigation. Her final document details the progression of committee work on the Council over the course of time. She pointed out that committees are a place where staff and members of Council meet to discuss City business. They are not subject to the Open Meeting Law because a quorum of Council is not present. She said this is the second year that budget discussions have been taken into committee which means two members of Council are able to influence and shape budget direction outside of public meetings and without the input of other Council Members. In addition, committee assignments have been moved from the month of January to December which means that newly-elected members of Council are not part of the process. Assignments are discussed and set before newly-seated members have an opportunity to weigh in. Committee assignments are also moved to the consent agenda and can be passed in one vote. She said the number of committees has increased over time and now includes the newly- formed legal committee with the stated purpose for two members of Council to meet with the City Attorney privately apart from Council to discuss legal strategy. Her final point was that the Mayor sits on every committee related to fire services, code review, budget, communications, parks, and legal. She said residents have the right to hold elected officials to the same high standard expected of others whom they entrust with their most valued assets. She said each candidate who interviewed for the open Council seat put significant time and effort put into the process and she enjoyed meeting each of the candidates and learning about how they would contribute to the City. Johnson said the information presented was inconsistent with the facts as he knows them. Committees don't make decisions, committees make recommendations, he said. Those recommendations come to the Council to get voted on and whatever transparency someone's afraid is missing from those can be brought up in the item itself. He said he would not want people to be misled to think that things on the Consent Agenda aren't reviewed. It's the responsibility of every City Council member prior to the meeting to review consent agenda items. He said Council does read them, research, talk with staff, perhaps review the Planning Commission meeting and if they can’t get their questions answered prior to the meeting, they can pull items off the consent agenda. He said he would be in in favor of removing the Mayor from some of the committees because he does have a full plate. MINUTES OF THE ORONO CITY COUNCIL MEETING June 26, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 8 of 11 Johnson moved that Councilmember Veach be assigned to the Fire Negotiations Committee and the Fire Advisory Committee, reasoning that some want to see more communication with Long Lake and additional conversation. Johnson said he would like to continue to work forward because no matter if they become separate departments or find a way to maintain the relationship, the two cities have a lot to discuss. Crosby seconded the motion. Benson asked for discussion, saying that the item wasn’t on the agenda and motions should not be made during Mayor and Council reports as that is not an ideal way to do City business. She also noted that she is on none of the fire committees, and she feels in the interest of balance she should be, and that she is not in favor of assigning Councilmember Veach to the Fire Negotiations and the Fire Advisory Committees due to the potential or the optics of conflict with being a fire wife during the negotiations. She said it would be very much appreciated to have a balance there with these two Committees and allow another member of Council who currently serves on none of these to serve on one related to fire. Veach said with her history she feels she could bring a unique perspective to the fire issues but added if she is appointed to new committees she would like to be removed from others. Johnson moved, Crosby seconded, to add Maria Veach to the Fire Advisory and Fire Negotiations Committees. VOTE: Ayes 4, Nays 1 (Benson) The Council agreed that action on removing Veach from any other Committee could take place at the next Council meeting. Crosby thanked the woman who thanked the Fire Department for its service. He said he believes there is a misunderstanding of what a brush pumper rescue vehicle does. It's a rescue truck that can also take care of brush fires, but its primary purpose is medicals. He said he thinks it's important to have somebody on the Committee with more intimate fire knowledge. He said it is important for residents to have decorum in the audience and have respect for each other. It's not an easy job doing this and being attacked personally. He said lawsuits are nothing new and the Council can’t base its response on a lawsuit. The fire issue has been going on for years, he said, and the non-responsive side has been the City of Long Lake, not Orono. The City gave them very good alternatives, very good options, and they declined, he said. He agreed that communications from the City to the residents needs to improve. He said the Council has always engaged people, if they have questions or comments, if they handle themselves in a polite manner, without cursing. The City hired a great fire chief to run this department, he said, but still wants to have open negotiations with the City of Long Lake. He noted he worked for the Fire Department for 10 years and does not want to erase its history. He pointed out Orono did not attack Long Lake when it left the Police contract. Walsh said facts are a funny thing and can be twisted to propaganda and that’s what has been done here. He said there were 100 comment cards which is a fraction of the residents, yet the claim is made that 60 percent of Orono doesn’t want the City to create its own Fire Department. He said some residents have told him they were afraid to put in a comment card because others might target them. He said that there MINUTES OF THE ORONO CITY COUNCIL MEETING June 26, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 9 of 11 have been a lot of half-truths, innuendo and no truths. For example, when it came to a fire chief, he said, the City did not take James Van Eyll. It accepted applications and had great candidates. Van Eyll had a leg up because he has all the information and the Council had a lot of respect for him, Walsh said, and even he said he know the future of fire goes through Orono. He said the City did not take the ladder truck. It was only after Orono decided to buy it that Long Lake decided to re-create history and say they had wanted it, according to Walsh. He said Minnetonka Beach did not leave the Mound Fire Department because of service but because of costs because they could get service for half the price. Walsh also disputed the idea that Orono is taking Long Lake firefighters or their pension money. Any of them are welcome to apply and the City just wanted to give them an opportunity, if they do join Orono, to keep their pensions whole, he said. The one member of the Long Lake City Council who has attempted to keep the lines of communication open with Orono has been called a traitor, he said. Orono provides police service and public works for a number of cities and backs up other cities for other functions like water and sewer, he said. He also questioned why Long Lake had to hire a public relations company, asking if they were trying to put lipstick on a pig. He contended Long Lake has not been forthcoming with its residents on several topics. 9. CLOSED SESSION Walsh moved, Veach seconded, to enter into closed session as permitted by the attorney-client privilege (section 13D.05, subdivision 3 (b)) to discuss litigation strategy regarding the City of Long Lake vs. City of Orono. VOTE: Ayes 5, Nays 0. (After a five-minute recess, the City Council was in closed session from 7:47 p.m. to 8:09 p.m.) Walsh moved, Crosby seconded, to reopen the Orono City Council meeting at 8:09 p.m. VOTE: Ayes 5, Nays 0. The City Council continued to discuss the three documents that had been prepared by Councilmember Benson and distributed toward the end of the meeting. Johnson asked if the handouts that were given by Benson had been part of the packet. Benson said they were not because it was not an agenda item. Johnson questioned if it is permissible for Council Members to hand out materials to the Council and be placed on chairs for the public to pick up. Attorney Mattick said there is nothing to prohibit Council Members from handing out materials. Johnson asked if such materials could have a disclaimer stating they were the opinion of one Council Member because he felt there were many inaccuracies. Edwards said something could be added that it was distributed by Councilmember Benson. Benson said she would have liked to have made her presentation an agenda item but doesn’t have that power and was not permitted to show the documents at an earlier meeting. MINUTES OF THE ORONO CITY COUNCIL MEETING June 26, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 10 of 11 Veach said she would like to see the matter discussed and asked if it were to be added as an agenda item would the staff vet the information. Edwards said if a Council Member wants an item added to the agenda the advice from staff is that you do it at the beginning of the meeting or request it at a future meeting during Mayor and Council Reports as was done this evening. Benson explained one Council Member cannot direct staff to do anything, it has to be done by the majority of the Council. Edwards pointed out that at the beginning of the meeting, the Council sets the agenda and that would be the time to have a motion and a second to add an item. Walsh said the number one problem is this is propaganda, and he won’t add something to the agenda that is propaganda. It is inappropriate to ask that one’s own opinion become an agenda item or to take 10 minutes during the Council Reports. Benson said if the Council wants to discuss the materials as an agenda item or direct staff to vet them, she would support that. Crosby said his concern was the lack of transparency of having the handouts in the gallery without the rest of the Council’s knowledge. He said to have one person go through the comment cards is like having one person count the votes, noting it is a small sampling of a large population. It is violating the oath of office trying to undermine the Council as a whole. The point is, he said, he didn’t see it. The people out there saw it and he was furnished with it. He said if he decided to put something he believed in on every chair without discussing it with the Council, he would be undermining the whole Council and the staff and it would not be good. Edwards said he would take some of the responsibility for getting overwhelmed with work this afternoon and for the work session and not making sure a copy was placed at every Council member’s place at the table. Walsh said he would not sully the Council meeting with an agenda with people putting up their own opinions. Veach said she would love to know the options for process going forward, and she also believes in open meetings as trust is built and trust is earned. She asked about the options if one doesn’t feel they are being heard to get something on the agenda. Edwards said it could be a consensus or a vote of the Council to get something on the agenda. The other way would be at the beginning of the meeting during the approval of the agenda. Usually, it is something that other people know about or know is needed, he said, and it takes a second and a vote. Walsh said the Council needs to direct staff to put together information, not a Council member. If at least three think it’s a worthy topic, they can ask staff to vet it and bring it back to a work session. That is different than one Council Member bringing their own information to the table and saying staff vet that, he said. MINUTES OF THE ORONO CITY COUNCIL MEETING June 26, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 11 of 11 Veach said the value of having staff prepare materials is that the Council comes with an open mind to a meeting. When Council Members do too much research before a meeting, she said, they can come with their own bias. Staff work comes at a cost, but it is valuable, she said. Edwards pointed out the City did not do a survey but rather invited public comment and the written cards was one form of comment. If the goal at the beginning was to do some kind of quantitative analysis it should have been done differently, he said. Walsh said the sample was too small to be meaningful. Johnson said the Fire Committee should get together with staff to look at what information is important to get out of there and how to direct staff. Veach said she thought it would be good for the Committee to do that and consider the questions that had been asked by Kelly Grady at the meeting. Johnson also said with respect, Benson’s report was misleading because it made it look like Benson was not on any committees and she is on committees. If Council members can put their own opinion out, there needs to be a distinction made between a City document and something that is the sole opinion of one person that has not been vetted, he said. For purposes of transparency, he would like it to be clear it is not an official document. Johnson moved, Crosby seconded, to direct staff to prepare language that would be added to any written document handed out by an individual and that such documents also be provided to the Council. VOTE: Ayes:5, Nays 0. ADJOURNMENT Walsh moved, Crosby seconded, to adjourn the meeting at 8:31 p.m. VOTE: Ayes 5, Nays 0. ATTEST: _____________________________________ _______________________________________ Anna Carlson, City Clerk Dennis Walsh, Mayor Orono City Council Work Session Minutes Monday, June 26, 2023 Council Chambers 5:00 p.m. Page 1 of 1 PRESENT: Mayor Dennis Walsh, Council Members Alisa Benson, Richard F. Crosby II, Matt Johnson, and Maria Veach. Staff members present were City Administrator/Engineer Adam Edwards, Police Chief Correy Farniok, Finance Director Ron Olson, Fire Chief James Van Eyll, Golf and Parks Superintendent Josh Lemons, and City Clerk Anna Carlson. 1. THC Legislation Update City Attorney Soren Mattick presented an overview of the bill legalizing cannabis. He noted the State created a rule-making committee that will develop details and rules related to the new law. There was some discussion about current standards and rules related to the new law. Also discussed was the packaging used for retail of lower potency edibles, requirements related to retail sales, zoning, and where consuming would be allowed. Mayor Walsh noted that the moratorium may need to stay in place until the State figures out how to regulate it, including the lower dose THC edibles. Mattick will look into the possibility of extending the moratorium and if it can include sales of lower potency edible products. The council will revisit this item in a future Council Work Session. 2. Preliminary Budget Guidance Finance Director Ron Olson discussed a high-level overview of the budget and budget process. Currently staff has calculated where the levy should be, once the city adopts the preliminary levy, it will not be able to raise it. The city may however go lower overall on the final levy. The final levy will be adopted in December 2023. CITY OF ORONO: ATTEST: ________________________________ Dennis Walsh, Mayor _________________________________ Anna Carlson, City Clerk AGENDA ITEM Prepared By: RJO Reviewed By: RJO Approved By: RJO 1. Purpose. The purpose of this action item is to approve payment of claims made on the City for services and/or products provided to the City. 2. Background. The attached claims for payment have been received by the City. Staff has reviewed the claims and is recommending approval of the listing for payment. The claims will be paid by checks 120726 to 121510 and ACH transaction 20130362 to 20130362 totaling $1,655,639.98. 3. Staff Recommendation. Staff recommends approval of a motion authorizing payment to the claims list as presented. COUNCIL ACTION REQUESTED Motion to approve the claims list as presented. Exhibits A. Check Register Item No.: 3 Date: July 10, 2023 Item Description: Claims/Bills Presenter: Ron Olson Finance Director Agenda Section: Consent Agenda City of Orono Check Register - COUNCIL REPORT Page: 1 Check Issue Dates: 6/27/2023 - 7/10/2023 Jul 07, 2023 08:54AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount JOHNSON, MATTHEW 06/29/2023 120726 2023.02 JOH 101-22205 ESCROW REFUND - LA22-000050 1003 WILDHU 700.00- JOHNSON, MATTHEW 06/29/2023 120726 2023.02 JOH 101-11500 OUTSTANDING LEGAL INVOICE - LA22-000050 1 165.00 Total 120726:535.00- ESCROW REFUND 06/27/2023 121391 06152023 101-22205 ESCROW REFUND - SE22-000023 4085 WATERT 1,000.00- ESCROW REFUND 06/27/2023 121391 061523 101-22205 ESCROW REFUND - GLA22-000004 80 CREEK RI 1,000.00- ESCROW REFUND 06/27/2023 121391 121307 101-22205 ESCROW REFUND - RAS21-000074 285 LEAF ST 1,000.00- ESCROW REFUND 06/27/2023 121391 121308 101-22205 ESCROW REFUND - RPS21-000076 2700 ETHEL 1,000.00- ESCROW REFUND 06/27/2023 121391 121309 101-22205 ESCROW REFUND D22-000024 1975 FAGERNES 1,000.00- Total 121391:5,000.00- UTILITY BILL REFUND 06/27/2023 121426 06.2023 HOP 999-10015 UB REFUND - 95 SMITH AVE HOPPING 92.62- Total 121426:92.62- BOLLIG AND SONS 06/27/2023 121430 061623 1975 101-22205 ESCROW REFUND D22-000024 1975 FAGERNES 1,000.00 Total 121430:1,000.00 BROWN, JACOB 06/27/2023 121431 061523 SE21 101-22205 ESCROW REFUND - SE22-000023 4085 WATERT 1,000.00 Total 121431:1,000.00 CREEKSIDE IN ORONO HOA 06/27/2023 121432 061523 80 C 101-22205 ESCROW REFUND - GLA22-000004 80 CREEK RI 1,000.00 Total 121432:1,000.00 HOPPING, MATTHEW & ANGEL 06/27/2023 121433 062023 95 S 999-10015 UB REFUND - 95 SMITH AVE HOPPING 92.62 Total 121433:92.62 METLIFE SMALL BUSINESS CE 06/27/2023 121434 METLIFE062 101-21709 DENTAL INSURANCE 07/23 32.65 Total 121434:32.65 PERFORMANCE POOL AND SP 06/27/2023 121435 061523 285 101-22205 ESCROW REFUND - RAS21-000074 285 LEAF ST 1,000.00 City of Orono Check Register - COUNCIL REPORT Page: 2 Check Issue Dates: 6/27/2023 - 7/10/2023 Jul 07, 2023 08:54AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 121435:1,000.00 ROSS, RANDALL 06/27/2023 121436 061523 2700 101-22205 ESCROW REFUND - RPS21-000076 2700 ETHEL 1,000.00 Total 121436:1,000.00 Bratt Tree Company 06/29/2023 121437 9954 101-43000-408 TASK #75681 Public Works Department 2,200.00 Total 121437:2,200.00 CARGILL SALT 06/29/2023 121438 2908352306 601-49400-216 SOFTENER SALT 6,134.35 Total 121438:6,134.35 CHEVROLET 06/29/2023 121439 25653 701-49800-222 SPARE RIM FOR TAHOES 370.95 Total 121439:370.95 CITY OF BLOOMINGTON 06/29/2023 121440 22240 601-49400-489 LAB FEES 36.00 Total 121440:36.00 EMBEDDED SYSTEMS INC.06/29/2023 121441 344552 101-42110-403 SIREN MAINTENANCE Police Department 1,162.32 Total 121441:1,162.32 GENUINE PARTS COMPANY/NA 06/29/2023 121442 3270-571627 101-43050-489 BATTERY FOR GENERATOR Public Works - Spring Park 192.29 GENUINE PARTS COMPANY/NA 06/29/2023 121442 3270571827 101-42110-550 SQUAD MAINT/MIRROR Police Department 7.22 GENUINE PARTS COMPANY/NA 06/29/2023 121442 3270-572470 101-45200-223 CREDIT Parks 1.58- GENUINE PARTS COMPANY/NA 06/29/2023 121442 3270-573086 701-49800-215 OIL / AIR FILTERS PD SQUADS 35.52 GENUINE PARTS COMPANY/NA 06/29/2023 121442 3270-573147 701-49800-213 OIL 0-20 FOR TAHOES 110.96 Total 121442:344.41 GOPHER ACE 06/29/2023 121443 16324 101-43000-224 SHOP SUPLLIES Public Works Department 38.97 GOPHER ACE 06/29/2023 121443 16329/1 101-45200-404 IRRIGATION Parks 14.93 GOPHER ACE 06/29/2023 121443 16341 701-49800-213 SMALL ENGINE PREMIX OIL / CHAINSAW BAR OI 88.22 City of Orono Check Register - COUNCIL REPORT Page: 3 Check Issue Dates: 6/27/2023 - 7/10/2023 Jul 07, 2023 08:54AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 121443:142.12 HAWKINS INC 06/29/2023 121444 6498881 601-49400-216 CHLORINE TANKS 50.00 Total 121444:50.00 JOHNSON, MATTHEW 06/29/2023 121445 2023.02 JOH 101-22205 ESCROW REFUND - LA22-000050 1003 WILDHU 700.00 JOHNSON, MATTHEW 06/29/2023 121445 2023.02 JOH 101-11500 OUTSTANDING LEGAL INVOICE - LA22-000050 1 165.00- Total 121445:535.00 NAVARRE HARDWARE 06/29/2023 121446 342515 101-43000-224 SUPLLIES FOR FIXING STREET LIGHTS Public Works Department 63.45 NAVARRE HARDWARE 06/29/2023 121446 342655 602-49450-227 POS SUPPLIES Sewer 20.99 Total 121446:84.44 TALLEN AND BAERTSCHI 06/29/2023 121447 JUNE2023 101-41600-306 PROSECUTION SERVICES 06/2023 Law/Legal Services 3,290.56 Total 121447:3,290.56 TRANSPORT GRAPHICS 06/29/2023 121448 EM-143405 415-42260-550 DECALS - L-1 428.41 Total 121448:428.41 VALLEY RICH CO 06/29/2023 121449 32089 601-49400-405 WATERMAIN BREAK UNDER COFFEE BRIDGE.19,082.51 Total 121449:19,082.51 WASTE MANAGEMENT RECYC 06/29/2023 121450 7789369-159 603-49500-442 CITY CLEANUP DAY 2,060.94 Total 121450:2,060.94 Wright-Hennepin Coop Electric 06/29/2023 121451 3503054122 101-43000-381 ELECTRICAL SERVICE 5/01-06/01/23 Public Works Department 206.29 Wright-Hennepin Coop Electric 06/29/2023 121451 3503054122 101-43100-381 BRUSH SITE 5/01/23-6/01/23 Brush Site 28.84 Wright-Hennepin Coop Electric 06/29/2023 121451 3503054122 101-45210-381 GC SECURITY 7/30/2023 Golf Course 41.82 Total 121451:276.95 UNITED STATES POSTAL SERVI 06/30/2023 121452 062023 UTILI 601-49400-322 06/23 UTILITY BILLS 506.29 City of Orono Check Register - COUNCIL REPORT Page: 4 Check Issue Dates: 6/27/2023 - 7/10/2023 Jul 07, 2023 08:54AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount UNITED STATES POSTAL SERVI 06/30/2023 121452 062023 UTILI 602-49450-322 06/23 UTILITY BILLS Sewer 1,027.91 Total 121452:1,534.20 ADVANCED IMAGING SOLUTIO 07/10/2023 121453 504919259 710-49970-413 PW COPIER LEASE 5/20/23-06/20/23 138.76 CENTRAL PENSION FUND SOU 07/10/2023 121453 CENTRALPE 101-21705 LOCAL UNION #49 6/12/23-6/25/23 881.00 Total 121453:1,019.76 Alisa Benson 07/10/2023 121454 06.2023 Rei 101-41110-437 LMC CONFERENCE MEAL-MILEAGE-HOTEL Mayor & Council 756.95 Century Link 07/10/2023 121454 2023.06 GC 101-45210-321 PHONE AND INTERNET Golf Course 239.48 Total 121454:996.43 City of Orono Utilities 07/10/2023 121455 2023.06 101-41900-382 JUNE 2023 UB CH & PD Central Services 649.23 City of Orono Utilities 07/10/2023 121455 2023.06 101-42110-382 JUNE 2023 UB CH & PD Police Department 649.23 City of Orono Utilities 07/10/2023 121455 2023.06 GC 101-45210-382 JUNE 2023.06 GC Golf Course 73.65 City of Orono Utilities 07/10/2023 121455 2023.06 PO 101-41900-382 JUNE 2023 UB - PO Central Services 86.37 City of Orono Utilities 07/10/2023 121455 2023.06 PW 101-41900-382 JUNE 2023 UB - PW Central Services 167.37 City of Orono Utilities 07/10/2023 121455 2023.06 WT 601-49400-382 JUNE 2023 UB - WTP 156.74 All Traffic Solutions 07/10/2023 121455 SIN037130 101-42110-440 2023 ATS TRAILER UPGRADE RADAR Police Department 3,311.50 Total 121455:5,094.09 AMAZON CAPITAL SERVICE 07/10/2023 121456 1K43-LQN4-601-49400-240 FLASH DRIVES 57.58 AMAZON CAPITAL SERVICE 07/10/2023 121456 1K43-LQN4-101-43000-404 POWER STRIPS, LIGHTS Public Works Department 93.11 AMAZON CAPITAL SERVICE 07/10/2023 121456 1K43-LQN4-101-43000-240 TOOLS Public Works Department 144.40 AMAZON CAPITAL SERVICE 07/10/2023 121456 1K43-LQN4-101-43000-226 RUBBER GLOVES Public Works Department 119.00 AMAZON CAPITAL SERVICE 07/10/2023 121456 1K43-LQN4-101-43000-224 SAFETY CANS GAS Public Works Department 121.90 AMAZON CAPITAL SERVICE 07/10/2023 121456 1K43-LQN4-101-43000-240 SHOP SUPPLIES Public Works Department 73.98 CITY OF WAYZATA 07/10/2023 121456 JUNE 2023 601-49400-387 JUNE 2023 WATER 5,645.70 CITY OF WAYZATA 07/10/2023 121456 JUNE 2023 602-49450-387 JUNE 2023 WATER Sewer 11,385.00 Total 121456:17,640.67 DAHLHEIMER BEVERAGE MON 07/10/2023 121457 1931829 101-45210-091 ALCOHOL Golf Course 452.65 DAHLHEIMER BEVERAGE MON 07/10/2023 121457 1931829 101-45210-093 CONCESSIONS Golf Course 240.95 DAHLHEIMER BEVERAGE MON 07/10/2023 121457 1937533 101-45210-091 ALCOHOL Golf Course 882.75 DAHLHEIMER BEVERAGE MON 07/10/2023 121457 1937533 101-45210-093 CONCESSIONS Golf Course 393.30 DAHLHEIMER BEVERAGE MON 07/10/2023 121457 1943746 101-45210-091 ALCOHOL Golf Course 828.10 City of Orono Check Register - COUNCIL REPORT Page: 5 Check Issue Dates: 6/27/2023 - 7/10/2023 Jul 07, 2023 08:54AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount DAHLHEIMER BEVERAGE MON 07/10/2023 121457 1943746 101-45210-093 CONCESSIONS Golf Course 393.40 AMERICAN ENGINEERING TES 07/10/2023 121457 inv-134354 440-48970-304 21-039 NEW PUBLIC WORKS FACILITY 6,632.80 Total 121457:9,823.95 Davis Chevrolet of Delano Inc 07/10/2023 121458 25653 701-49800-222 SPARE RIM FOR TAHOES 370.95 Aspen Mills 07/10/2023 121458 315749 101-42110-226 UNIFORMS/KK BECK CSO Police Department 135.00 Total 121458:505.95 AT&T MOBILTY 07/10/2023 121459 2873263270 101-42110-321 PHONE SERVICE Police Department 1,709.20 AT&T MOBILTY 07/10/2023 121459 2873263283 101-42400-321 MOBILE SERVICE Building & Zoning 165.76 AT&T MOBILTY 07/10/2023 121459 2873263283 101-45200-321 MOBILE SERVICE Parks 114.69 AT&T MOBILTY 07/10/2023 121459 2873263283 101-43000-321 MOBILE SERVICE Public Works Department 307.17 AT&T MOBILTY 07/10/2023 121459 2873263283 101-41900-321 MOBILE SERVICE Central Services 197.57 AT&T MOBILTY 07/10/2023 121459 2873263283 601-49400-321 MOBILE SERVICE 159.34 AT&T MOBILTY 07/10/2023 121459 2873263283 101-43100-321 MOBILE SERVICE Brush Site 145.23 EBERT INC 07/10/2023 121459 PW PAY APP 440-48970-520 21-039 NEW PUBLIC WORK FACILITY CONSTRU 1,465,095.76 EBERT INC 07/10/2023 121459 PW PAY APP 440-20600 21-039 NEW PUBLIC WORK FACILITY CONSTRU 73,254.80- Total 121459:1,394,639.92 ECM PUBLISHERS INC 07/10/2023 121460 951613 101-42400-340 PH FOR B&Z Building & Zoning 56.62 BIFFS INC 07/10/2023 121460 W918156 101-45200-415 BIFF RENTAL Parks 179.00 BIFFS INC 07/10/2023 121460 W918157 101-45200-415 BIFF RENTAL Parks 166.00 BIFFS INC 07/10/2023 121460 W918158 101-45200-415 BIFF RENTAL Parks 182.00 BIFFS INC 07/10/2023 121460 W918159 101-45200-415 BIFF RENTAL Parks 91.00 BIFFS INC 07/10/2023 121460 W918160 101-45200-415 BIFF RENTAL Parks 91.00 BIFFS INC 07/10/2023 121460 W918161 101-45200-415 BIFF RENTAL Parks 166.00 BIFFS INC 07/10/2023 121460 W918162 101-45200-415 BIFF RENTAL Parks 91.00 BIFFS INC 07/10/2023 121460 W918163 101-43100-415 BRUSH SITE Brush Site 91.00 Total 121460:1,113.62 BOYER TRUCKS INC 07/10/2023 121461 003P42462 701-49800-215 CREDIT FOR U BOLTS 97.44- BOYER TRUCKS INC 07/10/2023 121461 003P43743 701-49800-215 OIL FILTER FOR DUMP TRUCKS 223.44 EGAN, NICOLE 07/10/2023 121461 2023.05 101-42400-331 MILEAGE - INSPECTIONS NOV2022- MAY 2023 Building & Zoning 40.73 Total 121461:166.73 City of Orono Check Register - COUNCIL REPORT Page: 6 Check Issue Dates: 6/27/2023 - 7/10/2023 Jul 07, 2023 08:54AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Bratt Tree Company 07/10/2023 121462 10122 601-49400-405 TREE REMOVAL FOR WATER MAIN REPLACEME 2,500.00 FASTENAL COMPANY 07/10/2023 121462 MNPLY1413 701-49800-221 LYNCH PINS FOR TRAILERS, EQUIPMENT 24.40 FASTENAL COMPANY 07/10/2023 121462 mnply141454 101-43000-226 PPE SAFETY GLASSES Public Works Department 124.60 Total 121462:2,649.00 FOX HOMES 07/10/2023 121463 062823 1040 101-22205 ESCROW REFUND RPS21-000080 1040 LOMA LI 1,000.00 BRET ABBOTT 07/10/2023 121463 063023 1735 101-22205 ESCROW REFUND RPS22-11 1735 FAGERNESS 10,000.00 Total 121463:11,000.00 BRIDGESTONE GOLF INC 07/10/2023 121464 100314237 101-45210-095 GOLF BALLS Golf Course 296.38 BRIDGESTONE GOLF INC 07/10/2023 121464 1003173264 101-45210-095 GOLF BALLS Golf Course 477.00 GENUINE PARTS COMPANY/NA 07/10/2023 121464 3270-573012 101-42110-402 SQUAD MAINT/BODY Police Department 6.99 GENUINE PARTS COMPANY/NA 07/10/2023 121464 3270-573660 701-49800-215 LEAK DETECTION PUMP UNIT 265 32.29 GENUINE PARTS COMPANY/NA 07/10/2023 121464 3270-573672 701-49800-215 BODY FENDER BOLTS 9.02 GENUINE PARTS COMPANY/NA 07/10/2023 121464 3270-573685 701-49800-215 BRAKES / ROTORS SQUAD 843 310.98 GENUINE PARTS COMPANY/NA 07/10/2023 121464 3270-573687 701-49800-215 PURGE CANISTER UNIT 265 55.09 GENUINE PARTS COMPANY/NA 07/10/2023 121464 3270-573959 701-49800-215 OIL FILTERS FOR DODGE DURANGOS 35.52 BRIDGESTONE GOLF INC 07/10/2023 121464 inv-10031742 101-45210-095 GOLF BALLS Golf Course 296.38 Total 121464:1,519.65 GOPHER ACE 07/10/2023 121465 016442/1 101-45200-404 GARDEN HOSES Parks 72.98 GOPHER ACE 07/10/2023 121465 016451/1 101-43000-224 WEED KILLER Public Works Department 18.99 GOPHER ACE 07/10/2023 121465 016482/1 101-41900-223 WINDOW CLEANING SUPPLIES Central Services 180.87 GOPHER ACE 07/10/2023 121465 016537/1 101-45200-404 QUICKCRETE Parks 45.54 GOPHER ACE 07/10/2023 121465 016552/1 101-43000-224 WEED KILLER Public Works Department 20.98 GOPHER ACE 07/10/2023 121465 06202023 101-43000-212 BAR OIL Public Works Department 35.98 GOPHER ACE 07/10/2023 121465 16331 101-45200-404 IRRIGATION PARTS Parks 31.54 GOPHER ACE 07/10/2023 121465 16392/1 101-45200-226 CHAINSAW CHAPS Parks 111.99 GOPHER ACE 07/10/2023 121465 16401/1 101-45200-223 CREDIT Parks 4.00- GOPHER ACE 07/10/2023 121465 16429/1 101-45210-223 CHAIN Golf Course 29.99 GOPHER ACE 07/10/2023 121465 16480 101-45200-404 PARTS FOR PONTOON Parks 28.70 GOPHER ACE 07/10/2023 121465 16503/1 101-41900-223 WINDOW CLEANING SUPPLIES Central Services 7.98 GOPHER ACE 07/10/2023 121465 16509/1 101-41900-223 WINDOW CLEANING SUPPLIES Central Services 6.59 GOPHER ACE 07/10/2023 121465 16551 602-49450-227 SUPPLIES FOR POS Sewer 2.98 GOPHER ACE 07/10/2023 121465 16552 101-43000-224 WEED KILLER Public Works Department 20.98 GOPHER ACE 07/10/2023 121465 16594/1 101-45200-221 BACKPACK SPRAYER Parks 33.99 CEMSTONE 07/10/2023 121465 7182307 101-43100-489 CONCRETE BLOCKS FOR BINS Brush Site 1,600.00 City of Orono Check Register - COUNCIL REPORT Page: 7 Check Issue Dates: 6/27/2023 - 7/10/2023 Jul 07, 2023 08:54AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 121465:2,246.08 CENTERPOINT ENERGY MAIN 07/10/2023 121466 2023.06 601-49400-381 GAS SERVICE 660.63 CENTERPOINT ENERGY MAIN 07/10/2023 121466 2023.06 602-49450-381 GAS SERVICE Sewer 404.15 CENTERPOINT ENERGY MAIN 07/10/2023 121466 2023.06 101-41900-381 GAS SERVICE Central Services 149.00 CENTERPOINT ENERGY MAIN 07/10/2023 121466 2023.06 101-42110-381 GAS SERVICE Police Department 94.71 CENTERPOINT ENERGY MAIN 07/10/2023 121466 2023.06 101-45210-381 GAS SERVICE Golf Course 31.05 CENTERPOINT ENERGY MAIN 07/10/2023 121466 2023.06 137 602-49450-381 GAS SERVICES 1377 VINE PL 6/23/23-7/25/23 Sewer 18.05 GOVT FINANCE OFFICERS ASS 07/10/2023 121466 2281062 101-41500-208 GAAFR PLUS Finance Department 65.00 GOVT FINANCE OFFICERS ASS 07/10/2023 121466 2339995 101-41500-433 2023 MEMBERSHIP R. OLSON Finance Department 170.00 Total 121466:1,592.59 HACH CHEMICAL CO 07/10/2023 121467 13627616 101-43050-489 WATER PLANT CHEMICALS Public Works - Spring Park 280.00 Total 121467:280.00 JAMIE GRANT 07/10/2023 121468 063023 3020 101-22205 ESCROW REFUND LA23-000020 3020 CASCO PT 700.00 Total 121468:700.00 JAY MCCOY 07/10/2023 121469 062723 - MC 101-42110-226 UNIFORMS/MCCOY INV Police Department 194.60 Total 121469:194.60 KODAK ALARIS INC 07/10/2023 121470 12391919 602-49450-406 ANNUAL GENERATOR MAINTENANCE Sewer 9,905.00 Total 121470:9,905.00 KODIAK POWER SOLUTIONS 07/10/2023 121471 12450028 601-49400-489 BATTERY FOR GENERATOR 558.10 Total 121471:558.10 MANSFIELD OIL COMPANY 07/10/2023 121472 24406140 101-42110-212 UNLEADED FUEL Police Department 2,581.92 MANSFIELD OIL COMPANY 07/10/2023 121472 24406147 701-49800-212 DIESEL FUEL 531.53 MANSFIELD OIL COMPANY 07/10/2023 121472 24406153 101-42110-212 UNLEADED FUEL Police Department 2,528.31 MANSFIELD OIL COMPANY 07/10/2023 121472 24417683 101-42110-212 UNLEADED FUEL Police Department 1,080.07 MANSFIELD OIL COMPANY 07/10/2023 121472 24417696 701-49800-212 DIESEL FUEL 636.00 City of Orono Check Register - COUNCIL REPORT Page: 8 Check Issue Dates: 6/27/2023 - 7/10/2023 Jul 07, 2023 08:54AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 121472:7,357.83 MARCUS & CONSTANCE MERZ 07/10/2023 121473 2023.06 ME 999-10015 UB REFUND - 2414 CARMAN ST 177.78 Total 121473:177.78 MARTIN MARIETTA MATERIALS 07/10/2023 121474 38836063 101-43000-224 PATCHING Public Works Department 303.68 MARTIN MARIETTA MATERIALS 07/10/2023 121474 39325074 601-49400-405 BLACKTOP REPAIR FROM WATER BREAK SEDI 302.22 MARTIN MARIETTA MATERIALS 07/10/2023 121474 39372339 601-49400-405 BLACKTOP REPAIR FROM WATER BREAK SEDI 217.95 MARTIN MARIETTA MATERIALS 07/10/2023 121474 39467652 601-49400-405 BLACKTOP REPAIR FROM WATER BREAK SEDI 726.66 Total 121474:1,550.51 MATT WALTER 07/10/2023 121475 063023 746 101-22205 ESCROW REFUND LA23-000017 746 TONKAWA 700.00 Total 121475:700.00 MCFOA REGION VI 07/10/2023 121476 00269 101-41300-433 MCFOA MEMBERSHIP RENEWAL Administration 50.00 Total 121476:50.00 MINNEAPOLIS OXYGEN COMPA 07/10/2023 121477 00111721 101-43000-415 ACETYLENE, OXYGEN Public Works Department 68.31 MINNEAPOLIS OXYGEN COMPA 07/10/2023 121477 00111722 101-42110-221 MEDICAL OXYGEN Police Department 136.62 Total 121477:204.93 MINNESOTA EQUIPMENT 07/10/2023 121478 P99735 701-49800-215 COOLANT FAN / MOTOR UNIT 450 575.17 Total 121478:575.17 Minnesota Topsoil 07/10/2023 121479 1688 101-43000-408 BRUSH SITE GRINDING Public Works Department 8,057.50 Minnesota Topsoil 07/10/2023 121479 1689 651-49910-406 YARD WASTE HAULOUT Storm Water 4,650.00 Total 121479:12,707.50 MN CHIEF OF POLICE ASSN 07/10/2023 121480 14481 101-42110-437 TRAINING SPENCER LEADERSHIP SCHOOL RIP Police Department 790.00 Total 121480:790.00 City of Orono Check Register - COUNCIL REPORT Page: 9 Check Issue Dates: 6/27/2023 - 7/10/2023 Jul 07, 2023 08:54AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount MTI DISTRIBUTING INC 07/10/2023 121481 1390558-00 101-45210-240 TINES Golf Course 326.16 MTI DISTRIBUTING INC 07/10/2023 121481 1390600-00 101-45210-221 MOWER PARTS Golf Course 11.05 Total 121481:337.21 NAVARRE HARDWARE 07/10/2023 121482 342551 101-45200-488 SIGN SUPPLIES Parks 49.21 NAVARRE HARDWARE 07/10/2023 121482 342582 101-45200-223 IRRIGATION PARTS Parks 10.98 Total 121482:60.19 NCPERS GROUP LIFE INS.07/10/2023 121483 NCPERS07.101-21710 PERA LIFE 7/2023 360.00 Total 121483:360.00 Newegg Business Inc 07/10/2023 121484 1304525557 710-49970-221 INK 131.98 Newegg Business Inc 07/10/2023 121484 1304526271 710-49970-221 ETHERNET 113.94 Newegg Business Inc 07/10/2023 121484 1304527375 710-49970-221 LAPTOP BATTERY - PD 36.99 Newegg Business Inc 07/10/2023 121484 1304528170 710-49970-221 DELL COMPUTER -PD 519.99 Total 121484:802.90 Northland Petroleum Service 07/10/2023 121485 24391 101-43000-404 REPAIR GAS PUMP Public Works Department 918.50 Total 121485:918.50 NOVA COMMUNICATIONS INC 07/10/2023 121486 159662 101-41900-401 MODEN WORK/REPAIR Central Services 180.00 NOVA COMMUNICATIONS INC 07/10/2023 121486 IN-80009186 101-41900-321 PHONE SERVICE Central Services 156.27 NOVA COMMUNICATIONS INC 07/10/2023 121486 IN-80009186 601-49400-321 PHONE SERVICE 26.04 NOVA COMMUNICATIONS INC 07/10/2023 121486 IN-80009186 602-49450-321 PHONE SERVICE Sewer 59.53 NOVA COMMUNICATIONS INC 07/10/2023 121486 IN-80009186 101-45210-321 PHONE SERVICE Golf Course 18.60 NOVA COMMUNICATIONS INC 07/10/2023 121486 IN-80009186 101-42110-321 PHONE SERVICE Police Department 111.62 Total 121486:552.06 OLIVER WHITE AND ALLISON C 07/10/2023 121487 062823 WHI 101-22205 ESCROW REFUND RPS21-000080 1040 LOMA LI 9,000.00 Total 121487:9,000.00 OLSEN CHAIN AND CABLE INC 07/10/2023 121488 702320 701-49800-403 ANNUAL HOIST INSPECTION 257.75 City of Orono Check Register - COUNCIL REPORT Page: 10 Check Issue Dates: 6/27/2023 - 7/10/2023 Jul 07, 2023 08:54AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 121488:257.75 OPD BUSINESS SOLUTIONS LL 07/10/2023 121489 3184998660 101-45210-201 INK CARTRIDGE Golf Course 94.83- OPD BUSINESS SOLUTIONS LL 07/10/2023 121489 3198783480 101-45210-201 INK CARTRIDGE Golf Course 94.83 OPD BUSINESS SOLUTIONS LL 07/10/2023 121489 3200041220 101-42110-201 OFFICE SUPPLIES/USB Police Department 24.99 OPD BUSINESS SOLUTIONS LL 07/10/2023 121489 3200045920 101-42110-201 MISC OFFICE SUPPLIES/ENVELOPES Police Department 21.99 OPD BUSINESS SOLUTIONS LL 07/10/2023 121489 3200045930 101-42110-201 MISC OFFICE SUPPLIES/ENVELOPES Police Department 28.99 Total 121489:75.97 OTTEN BROTHERS 07/10/2023 121490 1-1754000 101-45210-223 TREE Golf Course 66.50 Total 121490:66.50 Plan-It Geo LLC 07/10/2023 121491 2368 101-19999 ROW TREE INVENTORY 6,000.00 Total 121491:6,000.00 Pomp's Tire Service Inc 07/10/2023 121492 150171103 701-49800-403 REPLACE TIRES ON LOADER UNIT # 429 11,915.96 Total 121492:11,915.96 QUADIENT INC 07/10/2023 121493 N10004049 101-41900-401 POSTAGE MACHING LEASE 7/28/23-10/27/23 Central Services 878.94 Total 121493:878.94 QUALITY FLOW SYSTEMS INC 07/10/2023 121494 45149 602-49450-406 SERVICE CHECKS FOR LIFT/GRINDER STATION Sewer 6,450.00 Total 121494:6,450.00 RC GRADING & EXCAVATING IN 07/10/2023 121495 06.2023 350 101-22205 ESCROW REFUND SE22-000020 1,000.00 Total 121495:1,000.00 RDO EQUIPMENT CO 07/10/2023 121496 P7147114 701-49800-215 TEMPERATURE SENSOR 46.30 Total 121496:46.30 SHAUGHNESSY LAWN CARE 07/10/2023 121497 061523 101-45200-404 PARK MOWING - 05/15/2023-06/15/2023 Parks 4,142.86 City of Orono Check Register - COUNCIL REPORT Page: 11 Check Issue Dates: 6/27/2023 - 7/10/2023 Jul 07, 2023 08:54AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 121497:4,142.86 STREICHERS POLICE EQUIP 07/10/2023 121498 1634902 101-42110-226 UNIFORMS/SPENCER Police Department 32.00 STREICHERS POLICE EQUIP 07/10/2023 121498 1634906 101-42110-226 UNIFORMS/MCCOY Police Department 72.99 STREICHERS POLICE EQUIP 07/10/2023 121498 1635076 101-42110-226 UNIFORMS/VARGAS Police Department 129.98 STREICHERS POLICE EQUIP 07/10/2023 121498 1635306 101-42110-226 UNIFORMS/FISCHER PRE-RETIREMENT BADGE Police Department 278.97 STREICHERS POLICE EQUIP 07/10/2023 121498 1635864 101-42110-226 UNIFORMS/SPENCER Police Department 40.00 STREICHERS POLICE EQUIP 07/10/2023 121498 1636036 101-42110-226 UNIFORMS/TREY WIEBUSCH Police Department 84.99 STREICHERS POLICE EQUIP 07/10/2023 121498 1636583 101-42110-226 UNIFORMS/TREY WIEBUSCH Police Department 349.98 STREICHERS POLICE EQUIP 07/10/2023 121498 1637429 101-42110-226 UNIFORMS/COLLAR BRASS/WITTKE ORDER Police Department 21.98 STREICHERS POLICE EQUIP 07/10/2023 121498 1637622 101-42110-226 UNIFORMS/SZCZEPANIK Police Department 20.00 STREICHERS POLICE EQUIP 07/10/2023 121498 1637689 101-42110-226 UNIFORMS/KNAPEK Police Department 21.00 STREICHERS POLICE EQUIP 07/10/2023 121498 1638259 101-42110-226 UNIFORMS/STURM Police Department 57.00 STREICHERS POLICE EQUIP 07/10/2023 121498 1638711 101-42110-226 UNIFORMS/WITTKE Police Department 13.98 STREICHERS POLICE EQUIP 07/10/2023 121498 1639348 101-42110-226 UNIFORMS/SLIPKA Police Department 13.99 STREICHERS POLICE EQUIP 07/10/2023 121498 1640469 101-42110-226 UNIFORMS/IZZY Police Department 35.98 STREICHERS POLICE EQUIP 07/10/2023 121498 1641501 101-42110-226 UNIFORMS/FISCHER PRE-RETIREMENT Police Department 132.99 STREICHERS POLICE EQUIP 07/10/2023 121498 1641682 101-42110-226 UNIFORMS/SONNEK Police Department 21.00 STREICHERS POLICE EQUIP 07/10/2023 121498 1641897 101-42110-226 UNIFORMS/KNAPEK Police Department 11.99 STREICHERS POLICE EQUIP 07/10/2023 121498 1641899 101-42110-226 UNIFORMS/IZZY Police Department 11.99 STREICHERS POLICE EQUIP 07/10/2023 121498 1641900 101-42110-226 UNIFORMS/KKBECK Police Department 11.99 STREICHERS POLICE EQUIP 07/10/2023 121498 1642391 101-42110-226 UNIFORMS/SILTALA Police Department 94.99 STREICHERS POLICE EQUIP 07/10/2023 121498 1642392 101-42110-226 UNIFORMS/SILTALA Police Department 30.99 Total 121498:1,488.78 SUBURBAN TIRE 07/10/2023 121499 10194519 701-49800-215 SQUAD TIRE REPLACEMENT 136.00 Total 121499:136.00 SWATMOD LLC 07/10/2023 121500 2023099 101-42110-437 MRAP TRAINING/HENNESSEY Police Department 257.50 Total 121500:257.50 TERESA ELSBERND 07/10/2023 121501 063023 2691 101-22205 ESCROW REFUND - LA23-000021 2691 ETHEL A 700.00 Total 121501:700.00 TimeSaver Off Site Secretarial Inc 07/10/2023 121502 M28357 101-41110-439 CC MEETING MINUTES Mayor & Council 234.50 City of Orono Check Register - COUNCIL REPORT Page: 12 Check Issue Dates: 6/27/2023 - 7/10/2023 Jul 07, 2023 08:54AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount TimeSaver Off Site Secretarial Inc 07/10/2023 121502 M28357 101-45200-319 PC MINUTES Parks 272.25 Total 121502:506.75 TOLL GAS & WELDING SUPPLY 07/10/2023 121503 40176655 101-43000-415 CYLINDER & DEMURRAGE Public Works Department 9.43 TOLL GAS & WELDING SUPPLY 07/10/2023 121503 40178209 101-43000-415 CYLINDER & DEMURRAGE Public Works Department 2.87 Total 121503:12.30 U.S. AutoForce 07/10/2023 121504 INV 701-49800-215 TIRES FOR DODGE DURANGOS 586.32 U.S. AutoForce 07/10/2023 121504 INV00011000 701-49800-215 TIRES TAHOES 1,027.16 Total 121504:1,613.48 UNIFIRST CORPORATION 07/10/2023 121505 090 0774599 101-45200-226 UNIFORMS-PARKS Parks 35.96 UNIFIRST CORPORATION 07/10/2023 121505 090 0774599 101-45210-226 UNIFORMS-GOLF COURSE Golf Course 35.96 UNIFIRST CORPORATION 07/10/2023 121505 090 0774599 601-49400-226 UNIFORMS PW-WATER DEPT 35.96 UNIFIRST CORPORATION 07/10/2023 121505 090 0774599 101-43000-226 UNIFORMS - PW Public Works Department 35.96 UNIFIRST CORPORATION 07/10/2023 121505 090 0774599 701-49800-221 SHOP TOWELS - PW 6.96 UNIFIRST CORPORATION 07/10/2023 121505 090 0774599 101-43000-404 RUGS - PW Public Works Department 22.93 UNIFIRST CORPORATION 07/10/2023 121505 090 0774599 602-49450-226 UNIFORMS PW-SEWER DEPT Sewer 35.96 UNIFIRST CORPORATION 07/10/2023 121505 090 0775894 101-45200-226 UNIFORMS-PARKS Parks 35.96 UNIFIRST CORPORATION 07/10/2023 121505 090 0775894 101-45210-226 UNIFORMS-GOLF COURSE Golf Course 35.96 UNIFIRST CORPORATION 07/10/2023 121505 090 0775894 601-49400-226 UNIFORMS PW-WATER DEPT 35.96 UNIFIRST CORPORATION 07/10/2023 121505 090 0775894 101-43000-226 UNIFORMS - PW Public Works Department 35.96 UNIFIRST CORPORATION 07/10/2023 121505 090 0775894 701-49800-221 SHOP TOWELS - PW 6.96 UNIFIRST CORPORATION 07/10/2023 121505 090 0775894 101-43000-404 RUGS - PW Public Works Department 22.93 UNIFIRST CORPORATION 07/10/2023 121505 090 0775894 602-49450-226 UNIFORMS PW-SEWER DEPT Sewer 35.96 UNIFIRST CORPORATION 07/10/2023 121505 0900772033 101-41900-223 LAUNDRY SERVICE Central Services 32.08 UNIFIRST CORPORATION 07/10/2023 121505 0900773318 101-41900-223 LAUNDRY SERVICE Central Services 96.71 UNIFIRST CORPORATION 07/10/2023 121505 0900774628 101-41900-223 LAUNDRY SERVICE Central Services 32.08 Total 121505:580.25 US Bank Equipment Finance 07/10/2023 121506 504955469 710-49970-413 COPIERS - LEASE 596.76 Total 121506:596.76 WASTE MANAGEMENT RECYC 07/10/2023 121507 7789367-159 603-49500-442 DUMPSTER DISPOSAL FROM ROADSIDE DEBRI 776.50 City of Orono Check Register - COUNCIL REPORT Page: 13 Check Issue Dates: 6/27/2023 - 7/10/2023 Jul 07, 2023 08:54AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 121507:776.50 WESTSIDE WHOLESALE TIRE 07/10/2023 121508 927686 701-49800-403 REPAIR RIM ON LOADER UNIT 429 111.34 Total 121508:111.34 WILLIAMS TOWING INC 07/10/2023 121509 2315857 701-49800-402 TOW ADMIN VEHICLE UNIT 112 145.00 Total 121509:145.00 Yamaha Golf & Utility 07/10/2023 121510 01290739 101-45210-415 CART LEASE Golf Course 3,251.75 Yamaha Golf & Utility 07/10/2023 121510 01291381 101-45210-415 CART LEASE Golf Course 3,251.75 Yamaha Golf & Utility 07/10/2023 121510 01291382 101-45210-415 CART LEASE Golf Course 3,251.75 Total 121510:9,755.25 INNOVO BENEFITS ADMINISTR 06/30/2023 201303 1292167 101-21706 HEALTH INSURANCE 6/23 73,104.26 Total 20130362:73,104.26 Grand Totals: 1,655,639.98 AGENDA ITEM Prepared By RJO Reviewed By: AMC Approved By: RJO 1. Purpose. The purpose of this action item is to appoint Andrea Hentges to the position of Accountant. 2. Background. On June 10th the Council accepted the resignation of Carrie Krienke from the position of Accountant, effective June 19, 2023. This council action would appoint Anne Hentges to the open position of Accountant. 3. Recruitment. An internal selection process was used to recruit for this position. Anne was the only current employee that applied. The City Administrator and Finance Director interviewed the candidate and concluded that based on her education, demonstrated abilities, and knowledge that Anne is an excellent fit for the position. 4. Recommended Candidate. Anne has been with the City for five-years. During her time with the City she has worked in various position ranging from Administrative Assistant to her current role as the Resource Management Technician. Since the Accountants resignation effective June 20th, she has been working as the interim Accountant. Anne has a Bachelor’s degree in Business Management and is currently working on a Human Resources certificate. She has proven to be a valuable member of the Finance Department with responsibilities including: Utility Billing; Payroll; Benefit Administration; Accounts Payable, Cash Receipting, and General Accounts Receivable. At all of her positions, she has been able to master her new responsibilities and improve existing processes. Based on her qualifications and impressive performance for the department, I would like to promote her to the position of Accountant. 5. Recommended Compensation. I recommend promoting Anne Hentges to the position of Accountant. Based on her experience and qualifications I recommend that she be placed at Grade 11 Step 2 ($38.70) of the Local 12 pay scale with a date of June 20 for calculating step increases. COUNCIL ACTION REQUESTED Motion to approve the hiring of Andrea Hentges as Accountant at Grade 11 Step 2 of the Local 12 of the OPEIU wage scale and to approve a hiring process to fill the open Resource Management Technician position and to initiate a hiring process for the Account Resource Technician. Item No.: 4 Date: July 10, 2023 Item Description: Authorization to Hire Anne Hentges – Accountant Presenter: Ron Olson Finance Director Agenda Section: Consent Agenda AGENDA ITEM Prepared By: A. Carlson Reviewed By: A.Carlson Approved By:RJO 1. Purpose. The purpose of this action item is to approve Rental Licenses. 2. License Applicant(s) Name Address License # Period Christine Fittipaldi 2794 Casco Point Rd RL23-000005 01/01/2023-12/31/2024 Melissa Assels 3731 Livingston Court RL23-000006 01/01/2023-12/31/2024 HPA Borrower 2017-1 ML LLC 458 Linden Avenue RL23-000007 01/01/2023-12/31/2024 3. Staff Recommendation. Staff recommends approval of the Rental license listed above. The License Applicant has submitted all of the requested documents and has met all requirements. COUNCIL ACTION REQUESTED Motion to approve the rental license listed above. Item No.: 5 Date: July 10, 2023 Item Description: Approval of Rental License Presenter: Anna Carlson City Clerk Agenda Section: Consent Agenda AGENDA ITEM Prepared By: JVE Reviewed By: AMC Approved By: RJO 1. Purpose. The purpose of this action item is to gain approval to accept a donation to the City. 2. Background. In April the Orono Fire Department submitted a CenterPoint Energy Community Safety Grant application for the purchase of an automatic external defibrillator (AED). This AED will be added to our ladder truck (L-1). The grant amount of $1,150 covers 50% of the new AED which is $2,297.00. Since 2003, the Community Safety Grant Program has awarded more than $3 million in donations to communities throughout their service area. In 2023 the program awarded nearly $104,000 to 49 communities to support safety projects. The City is thankful to CenterPoint Energy for providing this program in its service area and proud to participate with them in the funding of public safety needs. 3. Donation Received. Donor Donation Description Donation Value Donation Purpose CenterPoint Energy CenterPoint offers matching grants to cities up to $2,500 $1,150.00 New AED for Ladder Truck 4. Staff Recommendation. I recommend the city accept the donation from CenterPoint Energy Community Safety Grant Program for the purchase of an AED. COUNCIL ACTION REQUESTED Motion for approve Resolution No. 7379 accepting a grant from the CenterPoint Energy Community Safety Grant Program. Exhibits A. Award letter from CenterPoint Energy B. Resolution No. 7379 Item No.: 6 Date: July 10, 2023 Item Description: Approval to Accept Grant – CenterPoint Energy Community Safety Grant – Resolution No. 7379 Presenter: James Van Eyll Fire Chief Agenda Section: Consent Agenda 223250v2 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7379 RESOLUTION TO ACCEPT A CENTERPOINT ENERGY COMMUNITY SAFETY GRANT WHEREAS, CenterPoint Energy provides public safety grants to communities in their service area through their CenterPoint Energy Community Safety Grant; and WHEREAS, the City submitted an application to the CenterPoint Energy Community Safety Grant program for the purchase of an Automatic External Defibrillator (AED); and WHEREAS, the City has been notified that it has been awarded $1,150 from the Grant for the purchase of an AED; and WHEREAS, the City has the legal authority to apply for and accept the Grant; and WHEREAS, the City Council has determined that it is in the best interests of the City to accept the Funding and proceed with the purchase of an AED subject to the terms and conditions of the grant. NOW, THEREFORE, BE IT RESOLVED BY, the Orono City Council that the City of Orono accepts a CenterPoint Community Safety Grant in the amount of $1,150 for the purchase of an AED. ADOPTED this 10th day of July, 2023, by the City Council of the City of Orono. CITY OF ORONO By: _______________________________ Its Mayor ATTEST: ______________________________ Its City Clerk AGENDA ITEM Prepared By: Reviewed By: AMC Approved By:RJO 1. Purpose. The purpose of this action item is to award the Tonkawa-Partenwood Forcemain Replacement Project. 2. Background. In January of 2022 Council approved the design of the Tonkawa Force Main replacement project. During the design process we determined a large portion of the initial projected area did not need to be replaced. This provides a funding opportunity to incorporate the adjoining Partenwood force main into the replacement project without increasing the overall construction budget. This is especially timely as Partenwood road is slated for pavement replacement in 2024. Completing the force main replacement in 2023 will ensure the new pavement in 2024 will not be impacted. In June the council approved the change in scope of the project. The design was amended and bids have been received. 3. Scope. The project includes the replacement of 1630 feet of Sanitary Forcemain along Tonkawa Road and 1500 feet of forcemain along Partenwood Road. (Exhibit A) 4. Cost. The city received proposals from 4 contractors (Exhibit B). The low quote was for $ 738,847.00 from Bituminous Roadways. In addition to the construction cost, Bolton and Menk provided a proposal of NTE $102,500.00 for construction oversight. (Exhibit C) Who Work Cost Status Bolton &Menk, Inc Design and Engineering $ 73,000.00 Not to exceed, previously approved Bituminous Roadways Inc. Construction $ 738,847.00 Pending award Bolton &Menk, Inc Construction Oversight $ 102,500.00 Not to exceed Total $914,347.00 5. Funding. The forcemain replacement project will be funded by a combination of the sanitary sewer fund and ARPA funding. The projected 2023 year-end balance for the Sewer Fund is $1,176,080. 6. Staff Recommendation. I recommend council award the project. COUNCIL ACTION REQUESTED Motion to award the Tonkawa-Partenwood Forcemain Replacement Project to Bituminous Roadways Inc. for $ 738,847.00 and to authorize Bolton and Menk to perform design and construction oversight for a fee not to exceed $102,500. Exhibits A. Project Map B. Bid Summary C. Bolton and Menk Proposal. Item No.: 7 Date: July 10, 2023 Item Description: Approval of Tonkawa-Partenwood Forcemain Replacement Award (22-021) Presenter: Adam T. Edwards City Administrator/City Engineer Agenda Section: Consent Exhibit A. Location Exhibit B. Bid Tab CONTRACTOR TOTAL AMOUNT BID Bituminous Roadways, Inc. $ 733,847.00 Widmer Construction, LLC $ 746,502.81 Geislinger and Sons $ 1,129,115.01 New Look Contracting, Inc. $ 1,368,669.75 H:\ORNO\$2023 New Projects\Fee Estimate - 2023 Tonkawa Forcemain - Construction Services.docx July 6, 2023 City of Orono Attn: Adam Edwards PO Box 66 Orono, MN 55323 RE: 2023 Tonkawa Forcemain Replacement Project – Construction Services Dear Adam: As requested, we have prepared a scope of services and estimated fee for the construction services associated with the 2023 Tonkawa Forcemain Replacement Project, which includes the forcemain along Partenwood Road. Scope of Services Public Coordination/Communications Bolton & Menk is committed to supporting the coordination requirements of this project with qualified staff and will proactively engage affected property owners and the general public with timely and accurate information via newsletters and website updates as desired by the City. Construction Staking and Observation Construction staking will be provided along with full time construction observation. Duties of the Construction Observer will include the following: • Attendance at the pre-construction meeting and all construction-related meetings • Serve as a liaison between the City and the contractor • Review of the completed work to determine if the project is in general conformance with the plans and specifications • Review of all materials testing • Maintenance of construction documentation • Communication with affected property owners, as necessary, to address their construction- related concerns and issues Construction Administration Construction administration duties will include the following: • Administering a pre-construction meeting and weekly construction meetings • Review of shop drawings • Preparation of pay estimates • Contractor Communications • Liaison with City Staff and Council CSAH 19 Watermain Replacement Page 2 H:\ORNO\$2023 New Projects\Fee Estimate - 2023 Tonkawa Forcemain - Construction Services.docx Record drawings detailing the completed improvements as recorded by the construction observer and the City of Orono’s contractor will be completed and furnished to the city in hard copy and electronic format. Record plans will also be linked to the city mapping system and the City’s GIS system will be updated. Fee Estimate Based on the scope of services described above, we propose a not-to-exceed of $102,500 to be billed on an hourly basis. Please let me know if you have questions or need additional information. Sincerely, Bolton & Menk, Inc. David P. Martini, P.E. Senior Principal Engineer AGENDA ITEM Prepared By: NAN Reviewed By: LLO Approved By: RJO 1. Purpose. This application is regarding a new accessory building to be constructed streetward of the house. 2. MN§15.99 Application Deadline. The application was received on May 11, 2023 and considered to be complete on May 19, 2023. Therefore the 60-Day review period expires on July 18, 2023. 3. Background/ Summary. The applicant is proposing to construct a new accessory building streetward of the principal building. The proposed building will be used as a garage with an accessory dwelling unit on the second floor. Accessory buildings are required to be placed to the rear of a principal building and therefore a variance for the placement is being requested. The existing home is located toward the rear of the property which limits the ability to construct an accessory building in a compliant location. 4. Planning Commission Vote and Comment. On June 20, 2023, the Planning Commission held a public hearing, no public comments were made. The Commission reviewed the application and noted the extreme setback of the home creates a practical difficulty. The Commission voted 5 to 0 on a motion to approve the requested variance as applied with the conditions recommended by staff. 5. Public Comment. The applicant has provided neighbor acknowledgment forms, but no other public comment has been received. 6. Staff Recommendation. Staff recommends approval. COUNCIL ACTION REQUESTED Motion to adopt Resolution No. 7380 Exhibits A. Draft Resolution No. 7380 B. Proposed Plans C. Draft PC Minutes 6/20/2023 D. PC Staff Report 6/20/2023 References PC Exhibits 6/20/2023 A. Application B. Practical Difficulties Form C. Narrative D. Survey E. Plans F. Hardcover Information G. Neighbor Acknowledgments H. Property Owners List and Map Item No.: 8 Date: July 10, 2023 Item Description: LA23-000022 – Michael Clark, 565 Leaf Street Variance – Resolution No. 7380 Presenter: Natalie Nye Planner Agenda Section: Consent Agenda CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7380 1 A RESOLUTION APPROVING A VARIANCE FROM MUNICIPAL ZONING CODE SECTION 78-1440 FILE NO. LA23-000022 WHEREAS, Michael Clark (hereinafter the “Applicant”), applied for a variance from the City Code for the property addressed 565 Leaf Street and legally described as: Lot 1, Block 3, FOX HOLLOW, Hennepin County, Minnesota (hereinafter the “Property”); WHEREAS, the Applicant has applied to the City of Orono for a variance from City Code Section 78-1440 in order to construct a new accessory building streetward of the principal structure; and WHEREAS, on May 19, 2023 the Applicant made a complete application for a variance; and WHEREAS, on June 20, 2023, after published and mailed notice in accordance with Minnesota Statutes and the City Code, the Planning Commission held a public hearing, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, on June 20, 2023, the Planning Commission voted 5 to 0 in favor of a motion to recommend approval of the variance as applied; and WHEREAS, on July 10, 2023 the City Council reviewed the application and the recommendations of the Planning Commission and City staff; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves the requested variances as described above based on one or more of the following findings of fact concerning the Property: FINDINGS OF FACT: 1. This application was reviewed as Zoning File #LA23-000022. The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the above mentioned meetings, and any and all other materials distributed at these meetings are hereby incorporated by reference. 2. The Property is located in the LR-1A One Family Lakeshore Residential Zoning District. 3. The Property contains 87,123 square feet in area and has a defined lot width of 200 feet. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7380 2 4. The Property is within Tier 1 and hardcover is limited to 25 % according to the Stormwater Quality Overlay District. 5. Applicant has applied for the following variances: a. Accessory Building Placement 6. In considering this application for variances, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed variances upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. ANALYSIS: 1. “Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance . . . .” The variance for the construction of a new accessory building is supported by practical difficulties. The placement of the existing home on the lot prevents a compliant location for an accessory building. This criterion is met. 2. “Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan.” The variance resulting in the construction of a new accessory building in a residential zone is consistent with the Comprehensive Plan. The applicant has identified necessary practical difficulties inherent to the land supporting their requests. This criterion is met. 3. “Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. ‘Practical difficulties,’ as used in connection with the granting of a variance, means that: a. The property owner in question proposes to use the property in a reasonable manner, however, the proposed use is not permitted by the official controls. Constructing a new accessory building to be used as a detached garage is a reasonable use of the property. The current garage cannot be expanded due to topographical limitations. The applicant has demonstrated practical difficulties in the topography and placement of existing improvements on the lot. This criterion is met. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The placement of the existing home is unique to the property was not created by the landowner; and CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7380 3 c. The variance, if granted, will not alter the essential character of the locality.” The proposed variance will allow the construction of a new detached garage streetward of the principal building. The proposed location meets all required setbacks and is sufficiently screened from neighboring properties and the street. The proposed placement of the detached garage will not alter the character of the locality. This criterion is met. 4. “Economic considerations alone do not constitute practical difficulties.” Economic considerations have not been a factor in the variance approval determination. 5. “Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter 78.” This condition is not applicable. 6. “The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located.” This condition is not applicable, as a residential use is a permitted use in the LR-1A District. 7. “The board or council may permit as a variance the temporary use of a one-family dwelling as a two- family dwelling.” This condition is not applicable. 8. “The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property.” The placement of the existing home is unique to this specific property. This criterion is met. 9. “The conditions do not apply generally to other land or structures in the district in which the land is located.” While the surrounding properties are similar in size, the specific location of the existing structures on the property are unique to the subject property. This criterion is met. 10. “The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.” The existing garage cannot be expanded due to topographical limitations. This criterion is met. 11. “The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter.” Granting the requested variance will not adversely impact health, safety, comfort, or morals of the community. This criterion is met. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7380 4 12. “The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty.” The variance allows for the construction of a new detached garage. The current attached garage cannot be expanded. This criterion is met. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants a variance from Orono Municipal Zoning Code Sections 78-1440 to allow the construction of a new accessory building streetward of the principal building subject to the following conditions: 1. Council approval is based on the entire record, above Findings. 2. The approved project shall conform to the attached site plan and building plans submitted by the Applicant and annotated by City staff (hereinafter the “Plans”), attached to this Resolution as Exhibits A and B. 3. All Accessory Dwelling Unit (ADU) performance standards must be met including but not limited to a covenant to be executed at the time of building permit. 4. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. 5. Authorities granted by this resolution run with the Property not with the Applicants, but are permissive only and must be exercised by obtaining a building permit for the new construction and commencing construction of said project. A framing inspection must be completed within one year of the date of Council approval, or the variance will expire on that date (July 10, 2024). 6. Violation of or non-compliance with any of the terms and conditions of this resolution may result in the termination of any authority granted herein. ADOPTED by the Orono City Council on this 10th day of July, 2023. ATTEST: CITY OF ORONO: _______________________________ ________________________________ Anna Carlson, City Clerk Dennis Walsh, Mayor CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7380 5 Leaf Street#LICENSE NO.DATES1APRIL 10, 2023Minnetonka, Minnesota 55345Phone (952) 474-796417917 Highway 7Web: www.advsur.comAdvanceSurveying & Engineering, Co.MICHAEL CLARK565 LEAF STREETCLIENT NAME / JOB ADDRESSORONO, MNSHEET TITLEPROPOSED SURVEYSHEET NO.SHEET 1 OF 1DRAWING ORIENTATION & SCALE40200230370 JRDRAWING NUMBERDATE DRAFTED:DATE SURVEYED:APRIL 6, 2023APRIL 10, 2023LEGAL DESCRIPTION:Lot 1, Block 3, FOX HOLLOW, Hennepin County, Minnesota.SCOPE OF WORK & LIMITATIONS:1. Showing the length and direction of boundary lines of the legal description listed above. The scope of our services does not includedetermining what you own, which is a legal matter. Please check the legal description with your records or consult with competent legalcounsel, if necessary, to make sure that it is correct and that any matters of record, such as easements, that you wish to be included on thesurvey have been shown.2. Showing the location of observed existing improvements we deem necessary for the survey.3. Setting survey markers or verifying existing survey markers to establish the corners of the property.4. This survey has been completed without the benefit of a current title commitment. There may be existing easements or other encumbrancesthat would be revealed by a current title commitment. Therefore, this survey does not purport to show any easements or encumbrances otherthan the ones shown hereon.5. Showing elevations on the site at selected locations to give some indication of the topography of the site. We have also provided abenchmark for your use in determining elevations for construction on this site. The elevations shown relate only to the benchmark providedon this survey. Use that benchmark and check at least one other feature shown on the survey when determining other elevations for use onthis site or before beginning construction.6. Note that all building dimensions and building tie dimensions to the property lines, are taken from the siding and or stucco of the building.7. It should be noted that this survey was done under snow and ice conditions and that all improvements may or may not have been showncorrectly. While we did our best to locate all improvements under the snow and ice, we can't be sure that all improvements were shown.Please look over the survey to be sure everything you need shown is shown correctly.8. While we show a proposed location for this garage, we are not as familiar with your proposed plans as you, your architect, or the builder are.Review our proposed location of the improvements and proposed yard grades carefully to verify that they match your plans beforeconstruction begins. Also, we are not as familiar with local codes and minimum requirements as the local building and zoning officials inthis community are. Be sure to show this survey to said officials, or any other officials that may have jurisdiction over the proposedimprovements and obtain their approvals before beginning construction or planning improvements to the property.STANDARD SYMBOLS & CONVENTIONS:"●" Denotes iron survey marker, set, unless otherwise noted.# 42379Thomas M. BloomSHEET SIZE22 X 34SCALE - 1" = 20'GRADING & EROSION CONTROL NOTES:BEFORE DEMOLITION AND GRADING BEGIN·Install silt fence/bio roll around the perimeter of the construction area.·Sediment control measures must remain in place until final stabilizationhas been established and then shall be removed. Sediment controls maybe removed to accommodate short term construction activity but must bereplaced before the next rain.·Contractor shall install inlet protection on all existing storm sewer inletsin accordance with the city standard details. Inlet protection shall also beprovided on all proposed storm sewer inlets immediately followingconstruction of the inlet. Inlet protection must be installed in a mannerthat will not impound water for extended periods of time or in a mannerthat presents a hazard to vehicular or pedestrian traffic.DURING CONSTRUCTION:·When dirt stockpiles have been created, a double row of silt fence shall beplaced to prevent escape of sediment laden runoff and if the piles or otherdisturbed areas are to remain in place for more than 14 days, they shall beseeded with Minnesota Department of Transportation Seed Mixture22-111 at 100 lb/acre followed by covering with spray mulch.·A dumpster shall be placed on the site for prompt disposal of constructiondebris. These dumpsters shall be serviced regularly to preventoverflowing and blowing onto adjacent properties. Disposal of solidwastes from the site shall in accordance with Minnesota Pollution ControlAgency requirements.·A separate container shall be placed for disposal of hazardous waste.Hazardous wastes shall be disposed of in accordance with MPCArequirements.·Concrete truck washout shall be in the plastic lined ditch and dispose ofwashings as solid waste.·Sediment control devices shall be regularly inspected and after majorrainfall events and shall be cleaned and repaired as necessary to providedownstream protection.·Streets and other public ways shall be inspected daily and if litter or soilshas been deposited it shall promptly be removed.·If necessary, vehicles, that have mud on their wheels, shall be cleanedbefore exiting the site in the rock entrance areas·Moisture shall be applied to disturbed areas to control dust as needed.·Portable toilet facilities shall be placed on site for use by workers andshall be properly maintained.·If it becomes necessary to pump the excavation during construction,pump discharge shall be into the stockpile areas so that the double siltfence around these areas can filter the water before it leaves the site.·Temporary erosion control shall be installed no later than 14 days afterthe site is first disturbed and shall consist of broadcast seeding withMinnesota Department of Transportation Seed Mixture 22-111 at 100lb/acre followed by covering with spray mulch.·Erosion control measures shown on the erosion control plan are theabsolute minimum. The contractor shall install temporary earth dikes,sediment traps or basins and additional silt fencing as deemed necessaryto control erosion.SITE WORK COMPLETION:·When final grading has been completed but before placement of seed orsod an “as built” survey shall be done per City of Orono requirements toinsure that grading was properly done.·When any remedial grading has been completed, sod or seeding shall becompleted including any erosion control blankets for steep areas.·When turf is established, silt fence and inlet protection and other erosioncontrol devices shall be disposed of and adjacent streets, alleys and walksshall be cleaned as needed to deliver a site that is erosion resistant andclean.·Contractor shall maintain positive drainage of a minimum 2% slope awayfrom proposed building.LEGENDLA23-000022 Res. No. 7380 Exhibit A 37'-0"30'-0"20'-0"10'-0"12'-0"25'-0" UNEXCAVATED 1'-11"8'-2" M.O. 1'-11"4'-0"3'-0"M.O.3'-5"18'-2" M.O. 3'-5"4'-10"6'-2"M.O.9'-0"5'-0"2'-4"10'-0"8'-3"2'-0"10'-2" 5'-0" 2'-0" 2" STONE LEDGE2" STONE LEDGE8"STUD WALL DRAWING KEY: FOUNDATION WALL ISSUE DATE 952.250.1941 WINDMILLERDESIGNSTUDIO.COM 5.10.23 C L A R K G A R A G E NOTE: WINDMILLER DESIGN STUDIO, LLC. ASSUMES NO RESPONSIBILITY FOR STRUCTURAL OR DIMENSIONAL ERRORS OR OMISSIONS. WINDMILLER DESIGN STUDIO, LLC. ASSUMES NO RESPONSIBILITY FOR THE WORKMANSHIP OF THE SUB-CONTRACTORS. THE CONTRACTOR AND/OR OWNER MUST VERIFY AND CHECK ALL NOTES, DETAILS, ELEVATIONS, SECTIONS AND FLOOR PLANS AND NOTIFY WINDMILLER DESIGN STUDIO, LLC. OF ANY ERRORS OR OMISSIONS FOR POSSIBLE CORRECTION PRIOR TO THE START OF CONSTRUCTION.5 6 5 L e a f S t r e e t O r o n o , M N 5 5 3 5 6 A1.0 FOUNDATION PLAN LA23-000022 Res. No. 7380 Exhibit B 30'-0"37'-0" 25'-0"20'-0"12'-0"10'-0"18'-0" X 8'-0" O.H. DOOR6'-0 X 8'-0" GLASS O.H. DOORTV UP 17R OFFICE GARAGE BATH 4'-0"TALL STORAGETALL STORAGE CLOSET 12'-3 1/4"15'-4"30'-0"OPTION: PERGOLA EQ.EQ.EQ.EQ.EQ.EQ. 5'-11 1/2"1'-11"4'-9 3/4"10'-7"4'-9" 3'-5 1/4"(4)3'-0" X 6'-0"2'-8" X 4'-6"2'-4" X 4'-6" FLOOR DRAIN 1'-10"1'-10"LINE OF WALLS ABOVE 18" OPEN FLOOR TRUSSES SPACING BY SUPPLIER 18" OPEN FLOOR TRUSSES SPACING BY SUPPLIER STONE LEDGE EQ.EQ.42" VAN. MECH. 2X10 STUD WALL DRAWING KEY: FOUNDATION WALL ISSUE DATE 952.250.1941 WINDMILLERDESIGNSTUDIO.COM 5.10.23 CLARK GARAGENOTE: WINDMILLER DESIGN STUDIO, LLC. ASSUMES NO RESPONSIBILITY FOR STRUCTURAL OR DIMENSIONAL ERRORS OR OMISSIONS. WINDMILLER DESIGN STUDIO, LLC. ASSUMES NO RESPONSIBILITY FOR THE WORKMANSHIP OF THE SUB-CONTRACTORS. THE CONTRACTOR AND/OR OWNER MUST VERIFY AND CHECK ALL NOTES, DETAILS, ELEVATIONS, SECTIONS AND FLOOR PLANS AND NOTIFY WINDMILLER DESIGN STUDIO, LLC. OF ANY ERRORS OR OMISSIONS FOR POSSIBLE CORRECTION PRIOR TO THE START OF CONSTRUCTION.565 Leaf Street Orono, MN 55356A1.1 MAIN LEVEL PLAN DN 12'-1"2'-6" 2'-6" EXERCISE BATH LIVING ROOM3'-0"BENCH W/ HOOKS2'-6"5'-0" OPENING 4'-8 3/4"37'-0"30'-0"20'-0"10'-0"25'-0"2'-6"BENCH SEAT48" DIA. TABLE 5'-0" KNEE WALL 5'-0" KNEE WALL 5'-0" KNEE WALL5'-0" KNEE WALL9'-0" VAULT HEIGHT 8'-0" VAULT HEIGHT 6'-0" KNEE WALL3'-6"10'-5 1/2"12'-2 1/4"2'-3 3/4"16'-1" 2'-3 3/4"4'-8 3/4"5'-4 1/2"6'-5 1/4"6'-8"6'-9 1/2"1'-4 1/2"5'-4 1/2"19'-10 3/4"4'-5 1/2"16'-1" 6'-1 1/2" (2)3'-0" X 5'-0"(2)2'-6" X 4'-6"(2)2'-6" X 5'-0"3'-0" X 5'-0" TILE NEW STUD WALL DRAWING KEY: EXISTING STUD WALL DEMO WALL ISSUE DATE 952.250.1941 WINDMILLERDESIGNSTUDIO.COM 5.10.23 CLARK GARAGENOTE: WINDMILLER DESIGN STUDIO, LLC. ASSUMES NO RESPONSIBILITY FOR STRUCTURAL OR DIMENSIONAL ERRORS OR OMISSIONS. WINDMILLER DESIGN STUDIO, LLC. ASSUMES NO RESPONSIBILITY FOR THE WORKMANSHIP OF THE SUB-CONTRACTORS. THE CONTRACTOR AND/OR OWNER MUST VERIFY AND CHECK ALL NOTES, DETAILS, ELEVATIONS, SECTIONS AND FLOOR PLANS AND NOTIFY WINDMILLER DESIGN STUDIO, LLC. OF ANY ERRORS OR OMISSIONS FOR POSSIBLE CORRECTION PRIOR TO THE START OF CONSTRUCTION.565 Leaf Street Orono, MN 55356A1.2 UPPER LEVEL PLAN 9'-1 1/8"1'-6 3/4"TOP OF BLOCK PLATE HEIGHT TOP OF SUBFLOOR 12 4 1'-0"8'-1 1/8"PLATE HEIGHT SEE PLAN 12 12 TOP OF FOOTING4'-0"26'-8 3/4"8" FRIEZE BOARD 2'-0"3'-6"2'-0" RIDGE VENT 6'-0"ISSUE DATE 952.250.1941 WINDMILLERDESIGNSTUDIO.COM 5.10.23 CLARK GARAGENOTE: WINDMILLER DESIGN STUDIO, LLC. ASSUMES NO RESPONSIBILITY FOR STRUCTURAL OR DIMENSIONAL ERRORS OR OMISSIONS. WINDMILLER DESIGN STUDIO, LLC. ASSUMES NO RESPONSIBILITY FOR THE WORKMANSHIP OF THE SUB-CONTRACTORS. THE CONTRACTOR AND/OR OWNER MUST VERIFY AND CHECK ALL NOTES, DETAILS, ELEVATIONS, SECTIONS AND FLOOR PLANS AND NOTIFY WINDMILLER DESIGN STUDIO, LLC. OF ANY ERRORS OR OMISSIONS FOR POSSIBLE CORRECTION PRIOR TO THE START OF CONSTRUCTION.565 Leaf Street Orono, MN 55356A2.0 EXTERIOR ELEVATION 9'-1 1/8"1'-6 3/4"PLATE HEIGHT TOP OF SUBFLOOR 8'-1 1/8"PLATE HEIGHT TOP OF BLOCK TOP OF FOOTING 6"26'-8 3/4"3'-6"2'-0"4'-9"ISSUE DATE 952.250.1941 WINDMILLERDESIGNSTUDIO.COM 5.10.23 CLARK GARAGENOTE: WINDMILLER DESIGN STUDIO, LLC. ASSUMES NO RESPONSIBILITY FOR STRUCTURAL OR DIMENSIONAL ERRORS OR OMISSIONS. WINDMILLER DESIGN STUDIO, LLC. ASSUMES NO RESPONSIBILITY FOR THE WORKMANSHIP OF THE SUB-CONTRACTORS. THE CONTRACTOR AND/OR OWNER MUST VERIFY AND CHECK ALL NOTES, DETAILS, ELEVATIONS, SECTIONS AND FLOOR PLANS AND NOTIFY WINDMILLER DESIGN STUDIO, LLC. OF ANY ERRORS OR OMISSIONS FOR POSSIBLE CORRECTION PRIOR TO THE START OF CONSTRUCTION.565 Leaf Street Orono, MN 55356A2.1 EXTERIOR ELEVATION 9'-1 1/8"1'-6 3/4"PLATE HEIGHT TOP OF SUBFLOOR 8'-1 1/8"PLATE HEIGHT TOP OF BLOCK TOP OF FOOTING 4'-0"26'-8 3/4"2'-0"2'-0" ISSUE DATE 952.250.1941 WINDMILLERDESIGNSTUDIO.COM 5.10.23 CLARK GARAGENOTE: WINDMILLER DESIGN STUDIO, LLC. ASSUMES NO RESPONSIBILITY FOR STRUCTURAL OR DIMENSIONAL ERRORS OR OMISSIONS. WINDMILLER DESIGN STUDIO, LLC. ASSUMES NO RESPONSIBILITY FOR THE WORKMANSHIP OF THE SUB-CONTRACTORS. THE CONTRACTOR AND/OR OWNER MUST VERIFY AND CHECK ALL NOTES, DETAILS, ELEVATIONS, SECTIONS AND FLOOR PLANS AND NOTIFY WINDMILLER DESIGN STUDIO, LLC. OF ANY ERRORS OR OMISSIONS FOR POSSIBLE CORRECTION PRIOR TO THE START OF CONSTRUCTION.565 Leaf Street Orono, MN 55356A2.2 EXTERIOR ELEVATION 9'-1 1/8"PLATE HEIGHT TOP OF SUBFLOOR 8'-1 1/8"PLATE HEIGHT TOP OF BLOCK TOP OF FOOTING 4'-0"1'-6 3/4"2'-0"2'-0" ISSUE DATE 952.250.1941 WINDMILLERDESIGNSTUDIO.COM 5.10.23 CLARK GARAGENOTE: WINDMILLER DESIGN STUDIO, LLC. ASSUMES NO RESPONSIBILITY FOR STRUCTURAL OR DIMENSIONAL ERRORS OR OMISSIONS. WINDMILLER DESIGN STUDIO, LLC. ASSUMES NO RESPONSIBILITY FOR THE WORKMANSHIP OF THE SUB-CONTRACTORS. THE CONTRACTOR AND/OR OWNER MUST VERIFY AND CHECK ALL NOTES, DETAILS, ELEVATIONS, SECTIONS AND FLOOR PLANS AND NOTIFY WINDMILLER DESIGN STUDIO, LLC. OF ANY ERRORS OR OMISSIONS FOR POSSIBLE CORRECTION PRIOR TO THE START OF CONSTRUCTION.565 Leaf Street Orono, MN 55356A2.3 EXTERIOR ELEVATION 9'-1 1/8"1'-6 3/4"5/8" GYP. BOARD ALL COMMON WALLS & CEILING GARAGE 4" CONCRETE SLAB ON GRADE 4" MIN. GRANULAR FILL 6 MIL. MIN. POLY VAPOR BARRIER W/ TAPED SEAMS 2" RIGID INSULATION 18" OPEN FLOOR TRUSSES 3/4" T&G PLYWOOD SUBFLOOR GLUED & SCREWED TO FLOOR TRUSSES VERIFY SPACING & SIZE W/ SUPPLIER SPRAY FOAM INSULATION & SEALER R 49 MIN AT CEILINGS AND ROOFS, R 38 MIN AT FLOOR 5/8" TYPE "X" GYP BD LIVING ROOM ROOF TRUSSES BY MFG. 2'-0"8'-1 1/8"5'-0" KNEE WALL1'-0" 12 4 10'-11 7/8"TOP OF BLOCK PLATE HEIGHT TOP OF SUBFLOOR PLATE HEIGHT TOP OF FOOTING4'-0"8" HEEL2'-0" TYPICAL EXTERIOR WALL: SIDING PER ELEVATION HOUSEWRAP 1/2" EXTERIOR PLYWOOD SHEATHING 2X6 WOOD STUDS @ 16" O.C. R-20 (MIN) BATT INSULATION 6 MIL POLY VAPOR BARRIER 1/2" INTERIOR GYPSUM BOARD, SMOOTH FINISH. TYPICAL ROOF: RIDGE VENT & ROOF VENTS AS REQ'D ARCHITECTURAL ASPHALT SHINGLES ASPHALT FELT PAPER 2 COURSES ICE & WATER SHIELD @ ALL EAVES AND VALLEYS AND 100% COVERAGE ON LOWER 6 FT 5/8" ROOF SHEATHING ENGINEERED ROOF TRUSSES BY MANUFACTURER R-49 (MIN) 16 1/2" FIBERGLASS BLOWN-IN INSULATION OR, 7" CLOSED CELL POLYURETHANE SPRAY FOAM INSULATION 6 MIL POLY VAPOR BARRIER 5/8" GYPSUM BOARD CEILING (SMOOTH FINISH) ISSUE DATE 952.250.1941 WINDMILLERDESIGNSTUDIO.COM 5.10.23 CLARK GARAGENOTE: WINDMILLER DESIGN STUDIO, LLC. ASSUMES NO RESPONSIBILITY FOR STRUCTURAL OR DIMENSIONAL ERRORS OR OMISSIONS. WINDMILLER DESIGN STUDIO, LLC. ASSUMES NO RESPONSIBILITY FOR THE WORKMANSHIP OF THE SUB-CONTRACTORS. THE CONTRACTOR AND/OR OWNER MUST VERIFY AND CHECK ALL NOTES, DETAILS, ELEVATIONS, SECTIONS AND FLOOR PLANS AND NOTIFY WINDMILLER DESIGN STUDIO, LLC. OF ANY ERRORS OR OMISSIONS FOR POSSIBLE CORRECTION PRIOR TO THE START OF CONSTRUCTION.565 Leaf Street Orono, MN 55356A3.0 BUILDING SECTION 2'-0"9'-1 1/8"1'-6 3/4"TOP OF BLOCK PLATE HEIGHT TOP OF SUBFLOOR 4" CONCRETE SLAB ON GRADE 4" MIN. GRANULAR FILL 6 MIL. MIN. POLY VAPOR BARRIER W/ TAPED SEAMS 2" RIGID INSULATION 3/4" T&G PLYWOOD SUBFLOOR GLUED & SCREWED TO FLOOR TRUSSES VERIFY SPACING & SIZE W/ SUPPLIER SPRAY FOAM INSULATION & SEALER R 49 MIN AT CEILINGS AND ROOFS, R 38 MIN AT FLOOR 5/8" TYPE "X" GYP BD 18" OPEN FLOOR TRUSSES INSULATED & SHEET ROCKED 5/8" GYP. BOARD ALL COMMON WALLS & CEILING OFFICE EXERCISE ROOF TRUSSES BY MFG.8'-1 1/8"PLATE HEIGHT 5'-0"KNEE WALLTOP OF FOOTING 4'-0"2'-0" ISSUE DATE 952.250.1941 WINDMILLERDESIGNSTUDIO.COM 5.10.23 CLARK GARAGENOTE: WINDMILLER DESIGN STUDIO, LLC. ASSUMES NO RESPONSIBILITY FOR STRUCTURAL OR DIMENSIONAL ERRORS OR OMISSIONS. WINDMILLER DESIGN STUDIO, LLC. ASSUMES NO RESPONSIBILITY FOR THE WORKMANSHIP OF THE SUB-CONTRACTORS. THE CONTRACTOR AND/OR OWNER MUST VERIFY AND CHECK ALL NOTES, DETAILS, ELEVATIONS, SECTIONS AND FLOOR PLANS AND NOTIFY WINDMILLER DESIGN STUDIO, LLC. OF ANY ERRORS OR OMISSIONS FOR POSSIBLE CORRECTION PRIOR TO THE START OF CONSTRUCTION.565 Leaf Street Orono, MN 55356A3.1 BUILDING SECTION NOTE: WINDMILLER DESIGN STUDIO, LLC. ASSUMES NO RESPONSIBILITY FOR STRUCTURAL OR DIMENSIONAL ERRORS OR OMISSIONS. WINDMILLER DESIGN STUDIO, LLC. ASSUMES NO RESPONSIBILITY FOR THE WORKMANSHIP OF THE SUB-CONTRACTORS. THE CONTRACTOR AND/OR OWNER MUST VERIFY AND CHECK ALL NOTES, DETAILS, ELEVATIONS, SECTIONS AND FLOOR PLANS AND NOTIFY WINDMILLER DESIGN STUDIO, LLC. OF ANY ERRORS OR OMISSIONS FOR POSSIBLE CORRECTION PRIOR TO THE START OF CONSTRUCTION. GENERAL NOTES: 1. IMPORTANT $//',0(16,216$5(*(1(5$/ CONTRACTOR TO FIELD VERIFY ALL EXISTING SITE CONDITIONS PRIOR TO COMMENCEMENT OF CONSTRUCTION. 2. ALL DIMENSIONS TO FRAMING & EXTERIOR SHEATHING UNLESS OTHERWISE NOTED. 3. ALL DIMENSIONS HAVE PRECEDENCE OVER SCALED DRAWINGS. 4. ALL STRUCTURAL COMPONENTS & CONNECTIONS TO BE ENGINEERED BY SUPPLIER. 5. ALL WINDOW HEADERS TO BE 2- 2X10'S UNLESS OTHERWISE NOTED. 6. ALL WOOD ABUTTING CONCRETE TO BE TREATED. 7. ALL ANGLES TO BE 45 DEGREES UNLESS OTHERWISE NOTED. 8. GENERAL CONTRACTOR TO INSTALL ALL PRODUCTS PER MANUFACTURERS' RECOMMENDATIONS. 9. GENERAL CONTRACTOR SHALL NOT COMMENCE WORK UNDER THIS CONTRACT PRIOR TO SUBMITTING PROOF OF INSURANCE AND APPROVAL OF THE OWNER. 10. GENERAL CONTRACTOR AND HIS SUBCONTRACTORS SHALL OBTAIN ALL REQUIRED PERMITS BEFORE STARTING THE WORK, AND OBTAIN SIGN-OFFS UPON COMPLETION OF THE WORK. 11. GENERAL CONTRACTOR SHALL PROVIDE ALL LABOR, MATERIALS AND SERVICES NECESSARY TO COMPLETE THE ENTIRE SCOPE OF WORK, AND SHALL COORDINATE ALL TRADES, MATERIAL DELIVERY SCHEDULES, ETC. TO PERFORM THE JOB IN THE MOST EXPEDITIOUS MANNER. 12. GENERAL CONTRACTOR SHALL BE RESPONSIBLE FOR THE SECURITY OF ALL BUILDING MATERIALS AND FIXTURES DURING CONSTRUCTION AND PROVIDING ALL NECESSARY PROTECTION TO EXISTING OCCUPIED AREAS. 13. GENERAL CONTRACTOR SHALL PERFORM DAILY CLEAN-UP OF THE JOB SITE. 14. GENERAL CONTRACTOR SHALL PERFORM FINAL CLEAN-UP OF THE SITE UPON COMPLETION OF THE WORK. 15. GENERAL CONTRACTOR TO COMPLY WITH ALL LOCAL, STATE AND FEDERAL CODES. 16. THE PREVAILING BUILDING CODE IS THE RESIDENTIAL BUILDING CODE (RBC) . 17. CONSTRUCTION SHOULD BE PERFORMED TO CURRENT STATE OF MINNESOTA BUILDING & ENERGY CODES AND LOCAL INDUSTRY STANDARDS AND STANDARD INDUSTRY PRACTICES. 18. ALL WINDOWS & DOORS SHOULD BE INSTALLED PER MANUFACTURERS INSTALLATION REQUIREMENTS AND THE MINNESOTA LATH AND PLASTER BUREAU REQUIREMENTS. 19. ALL WEATHER RESISTIVE BARRIERS SHOULD BE INSTALLED PER IRC SEC. R703.2 AS AMENDED BY THE STATE OF MINNESOTA RULES SECTION 1309.0707 20. ENGINEERING- ALL HVAC, PLUMBING, ELECTRICAL, SOILS AND STRUCTURAL ENGINEERING AND DESIGN SHALL BE PROVIDED BY THE RESPECTIVE SUBCONTRACTOR/SUPPLIER OF THOSE SYSTEMS AND COORDINATED BY THE GENERAL CONTRACTOR. INFORMATION HEREIN SHOWN IN THESE REGARDS IS PROVIDED FOR CLARIFICATION OF THE OVERALL PROJECT'S DESIGN INTENT ONLY. 21. PRODUCT INFORMATION- PROVIDE SAMPLES AND SHOP DRAWINGS FOR ALL MATERIALS AND FABRICATED ITEMS TO THE EXTENT THE OWNER HAS FULL UNDERSTANDING OF THE PRODUCTS AND/OR DESIGN OF. 22. SPECIFICATIONS- CONTRACTOR SHALL DISCLOSE TO THE OWNER AND COORDINATE ALL SPECIFICATIONS OF ALL ASPECTS OF THE WORK THAT ARE NOT INDICATED IN THE DRAWINGS OR PRE-SELECTED BY THE OWNER. NOTE: VERIFY GIRDER OR POINT LOADS WITH TRUSS/JOIST SUPPLIER THAT ARE ASSOCIATED WITH STRUCTURE NOT INDICATED ON PLANS AND CANNOT BE SUPPORTED ON TYPICAL SPREAD FOOTING. NOTIFY FOOTING & FOUNDATION SUPPLIER PRIOR TO PROCEEDING WITH ANY WORK. PLAN NOTES: GENERAL FRAMING INFORMATION: ALL WOOD FRAMING TO COMPLY WITH APPLICABLE STATE AND LOCAL BUILDING CODES AND THE NATIONAL DESIGN SPECIFICATIONS FOR WOOD CONSTRUCTION PUBLISHED BY THE NATIONAL FOREST PRODUCTS ASSOCIATION (NFPA) ,03257$17$//',0(16,216$5(*(1(5$/&2175$&72572),(/' VERIFY ALL EXISTING SITE CONDITIONS PRIOR TO COMMENCEMENT OF CONSTRUCTION. THESE PLANS INDICATED CONCEPTUAL TRUSS CONFIGURATIONS AND LOADING CONDITIONS. ALL FLOOR AND ROOF TRUSSES INDICATED ON THESE PLANS ARE TO BE DESIGNED AND ENGINEERED BY THE MANUFACTURER LICENSED TO PRACTICE WITHIN THE STATE OF THE PROJECT. PRIOR TO CONSTRUCTION VERIFY ALL POINT LOAD AND BEARING CONDITIONS AND COORDINATE POSTS AND BEARING REQUIREMENTS WITH THE BUILDER. NOTIFY ARCHITECT/ENGINEER OF ANY DISCREPANCIES FROM THESE PLANS. FOLLOW MANUFACTURERS RECOMMENDATIONS AND REQUIREMENTS FOR AND FURNISH ALL BLOCKING, STIFFENERS, BRACING, FASTENERS, HARDWARE, ETC. NECESSARY FOR INSTALLATION. ALL CONVENTIONAL LUMBER TO BE HEM-FIR #2 GRADE OR BETTER. MINIMUM LVL LUMBER PROPERTIES: Fb = 2,600 PSI Fv = 285 PSI E = 1,900,000 PSI UNLESS NOTED OTHERWISE: EXTERIOR WALLS (INCLUDING GARAGE WALLS) TYPICALLY TO BE 2X6 CONSTRUCTION, INTERIOR WALLS TYPICALLY TO BE 2X4, INTERIOR WALL WITH POCKET DOORS TO BE 2X6 CONSTRUCTION. POCKET DOORS TO BE CUSTOM FABRICATED WITH "TIMBERSTRAND ENGINEERED FRAMING". CABINET WALLS AND BALLOON FRAMED WALLS SHALL BE FRAMED WITH "TIMBERSTRAND". PLAN DIMENSIONS ARE TYPICALLY TAKEN TO OUTSIDE OF WALL SHEATHING AT EXTERIOR WALLS AND TO CENTER LINES OF FACE OF STUD AT INTERIOR WALLS. COLUMN SIZES SHALL NOT EXCEED CRUSHING STRENGTH OF THE PLATES THEY BEAR ON- SIZE AS REQUIRED. UTILIZE SQUASH BLOCKING OR BEAR DIRECTLY ON FOUNDATION. USE PRESERVATIVE TREATED COLUMNS, BEAMS, PLATES, MISC. FRAMING MEMBERS AS REQUIRED BY CODE AND AS CALLED OUT IN PLANS. WHERE WOOD FRAMING SIZES ARE INDICATED, MANUFACTURER TO VERIFY GRADE AND SPACING REQUIRED TO MAINTAIN MINIMUM L/480 DEFLECTION. ALL FLOOR BEAMS TO BE SET FLUSH WITH FLOOR FRAMING UNLESS INDICATED OTHERWISE. ALL ROOF BEAMS TO BE DROPPED UNLESS NOTED OTHERWISE DROPPED FLOOR BEAMS OR ROOF BEAMS SHALL BE 12" MAXIMUM DEPTH UNLESS NOTED OTHERWISE. SILL PLATES SHALL BE 2X6 MINIMUM. ANCHOR BOLTS SHALL BE 1/2" MIN. DIAMETER (U.N.O.) CAST IN PLACE WITH 7" EMBED. ANCHOR BOLTS SHALL HAVE 2" DIA. X 0.125" THICK WASHERS TIGHTENED AND COUNTERSUNK 1/4" INTO THE TOP OF THE SILL PLATE. SPACING SHALL BE 48" O.C. WITH A MIN. OF TWO BOLTS PER PIECE WITH BOLT LOCATED NO MORE THAN 12" OR LESS THAN 4" FROM EACH END OF EACH PIECE. AT TILED FLOOR AREAS USE MUDSET METHOD AND DEPRESS FLOOR SHEATHING SO IT IS FLUSH WITH TOP OF FLOOR FRAMING (SHEATHING IN BETWEEN FRAMING MEMBERS) WINDOW DESIGNATIONS ON PLANS INDICATE FRAME WIDTH X HEIGHT. VERIFY ROUGH OPENING SIZES WITH WINDOW MANUFACTURER. AS A MINIMUM, UNLESS SHOWN OTHERWISE ON PLANS, PROVIDE DOUBLE STUD AT ALL HEADER AND LINTEL SUPPORTS (ONE FULL HEIGHT KING STUD AND ONE JACK STUD) SHEATHING: ALL EXTERIOR WALLS TO HAVE CONTINUOUS PLYWOOD WALL SHEATHING. EACH PANEL OF SHEATHING SHALL BE IDENTIFIED WITH THE APPROPRIATE GRADE - TRADEMARK OF THE AMERICAN PLYWOOD ASSOCIATION. PROVIDE 1/8" SPACE AT EDGES AND ENDS OF EACH SHEET OR AS REQUIRED BY THE MANUFACTURER. GRADE AND TYPE SHALL BE AS FOLLOWS: ROOF SHEATHING: 40/20 APA RATED SHEATHING EXPOSURE 1 EXTERIOR WALL: 24/16 APA RATED SHEATHING EXPOSURE 1 FLOORS: 48/24 APA RATED SHEATHING EXPOSURE 1 (T&G) 5/8" MINIMUM ROOF SHEATHING TO BE ATTACHED WITH 0.113" DIAMETER NAILS AT 6" O.C.; EDGE, 12" O.C. FIELD. PROVIDE 6" O.C. NAILING TO ALL MEMBERS IN LINE WITH SHEAR WALLS. EDGE FASTENERS SHOULD BE PLACED 3/8" FROM PANEL EDGES AND ENDS OR AS REQUIRED BY THE MANUFACTURER. 3/4"MINIMUM FLOOR SHEATHING TO BE GLUED AND ATTACHED WITH 0.113" DIAMETER NAILS @ 6" O.C. EDGE, 12" O.C. FIELD. 1/2" MINIMUM PLYWOOD EXTERIOR WALL SHEATHING TO BE ATTACHED WITH 0.113" DIAMETER NAILS AT 6" OC.; EDGE, 12" O.C. FIELD UNLESS OTHERWISE NOTED ON PLANS. INTERIOR SHEAR WALLS TO HAVE 5/8" GYPSUM SHEATHING BOTH SIDES OF WALL ATTACHED WITH 6d COOLER NAILS OR WALLBOARD NAILS AT 7" O.C. EDGE, 12" O.C. FIELD UNLESS NOTED OTHERWISE ON PLANS. SPLICE ALL SHEATHING ON A COMMON MEMBER SO AS TO PROPERLY TRANSFER SHEAR FORCES. ALL SHEATHING NAILING TO BE COMMON WIRE OR GALVANIZED NAILS. CONCRETE WORK: DO NOT BEGIN CONCRETE WORK UNTIL ALL LOADING CONDITIONS HAVE BEEN VERIFIED BY GENERAL CONTRACTOR. ALL CONCRETE WORK SHALL COMPLY WITH STATE AND LOCAL BUILDING CODES AND ORDINANCES. CONCRETE CONTRACTOR SHALL VERIFY ALL REQUIREMENTS. TYPICAL FULL HEIGHT FOUNDATION WALLS SHALL BE 8" MINIMUM CONCRETE REINFORCED WITH #4'S AT 24" O.C. EACH WAY AT 3/4" CLEAR OF INSIDE FACE. WALLS 10" OR THICKER SHALL HAVE AN ADDITIONAL LAYER OF #4'S AT 12" O.C. EACH WAY AT 3" CLEAR FROM EXTERIOR FACE. PROVIDE DOWELS TO FOOTING TO MATCH MAIN VERTICAL WALL REINFORCEMENT, AND HOOK 12" INTO FOOTING AT 3" CLEAR OF BOTTOM. ROOF PLAN NOTES: - TYPICAL ROOFING SYSTEM SHALL BE AS FOLLOWS: ASPHALT ROOF SHINGLES, ROOFING FELT/SELF ADHERED ROOFING UNDERLAYMENT OVER ROOF SHEATHING. - STANDING SEAM METAL ROOF SYSTEM SHALL BE AS FOLLOWS: PREFORMED STANDING SEAM METAL PANELS, RED ROSIN PAPER, ROOFING FELT/SELF ADHERED ROOFING UNDERLAYMENT OVER ROOF SHEATHING. - METAL PANS WHERE INDICATED SHALL BE FLAT SOLDERED SEAMED COPPER 29(5:5*5$&(´8/75$µ6(/)$'+(5('522),1*81'(5/$<0(17,)),(/' SEAMING IS PERFORMED PLACE 2 LAYERS ROOFING FELT UNDER SEAM LOCATIONS TO PROTECT UNDERLAYMENT. - ROOFING FELT SHALL BE UL RATED 30 LB ASPHALT SATURATED ORGANIC FELT. - TYPICAL SELF ADHERED ROOFING UNDERLAYMENT SHALL BE W.R. GRACE ´,&($1':$7(56+,(/'µ,167$//$7)2//2:,1*/2&$7,216$/21* ($9(6(;7(1',1*$0,1,0802)µ+25,=217$//<83522)%(<21'7+( ,168/$7(':$///,1(µ6+((7:,'7+$/21**$%/(5$.((1'6 µ6+((7:,'7+$79$//(<6µ6+((7:,'7+$7522):$// INTERSECTIONS, 5) ALL AROUND CHIMNES, SKYLIGHTS, AND OTHER ROOF PENETRATIONS, 6) COMPLETELY AT ALL ROOFS LESS THAN 4:12 PITCH, 7) 26: SHEET AT ROOF PITCH TRANSITIONS, 8) OTHER AREAS AS REQUIRED BY CODE. - INSTALL PREFINISHED METAL DRIP FLASHING ALONG ALL EAVES AND RAKE (1'672+$9(0,1,080µ)/$1*(2172522)685)$&( ,167$//35(),1,6+('0(7$/9$//(<)/$6+,1*:,7+µ9&5,03 µ0,1,08083($&+6,'(2)9$//(<625:($9(6+,1*/(6$79$//(<6 - INSTALL PREFINISHED METAL FLASHING AT ROOF PITCH TRANSITIONS. - INSTALL PREFINISHED METAL FLASHING ALONG ROOF/WALL INTERSECTIONS AND ALONG ROOF/CHIMNEY INTERSECTIONS. &21)250:,7+´60$&1$µ$5&+,7(&785$/6+((70(7$/0$18$//$7(67 EDITION FOR ALL METAL ROOFING, FLASHING, AND ROOF PENETRATION SYSTEMS. - RIDGE VENTS TO BE HIGH PROFILE, PLASTIC TYPE, SHINGLE OVER VENT SYSTEM (COR-A-VENT V-600 SERIES OR EQUAL). INSTALL CONTINUOUSLY ALONG RIDGES. - INSTALL ROOF TO WALL VENTS (COR-A-VENT ROOF-2-WALL VENT OR EQUAL) WHERE INDICATED ON DRAWINGS. - NOT ALL ROOF PENETRATIONS ARE INDICATED ON THESE DRAWINGS. COORDINATE FLUES, DRYER VENTS, PLUMBING STACKS, ETC. AND PROVIDE ACCESSORIES AND INSTALLATION AS REQUIRED. ALL PENETRATIONS SHOULD BE PLACED ON REAR SIDE OF ROOF IF POSSIBLE. REVIEW ALL PENETRATION LOCATIONS IN FIELD WITH OWNER. IMPORTANT NOTE FOR CONTRACTORS AND SUBCONTRACTORS: 1. THESE DRAWINGS ARE DESIGN DRAWINGS. THE GENERAL CONTRACTOR HAS THE RIGHT AND RESPONSIBILITY TO REVISE CONFIGURATIONS AND DETAILS DEPICTED IN THE ARCHITECT'S DESIGN DRAWINGS, AS REQUIRED, TO PROPERLY CONSTRUCT A TECHNICALLY SOUND PROJECT. 2. THE GENERAL CONTRACTOR IS TO NOTIFY THE ARCHITECT WHEN DEVIATING FROM THE DESIGN INTENT. 3. THE GENERAL CONTRACTOR IS RESPONSIBLE FOR VERIFYING ALL COVENANTS, ZONING, BUILDING, FIRE, HEATING, PLUMBING, AND ELECTRICAL CODE REQUIREMENTS. SELF SEALING ASPHALT MEMBRANE (ICE SHIELD) -FIRST (2)ROWS 9" SHINGLE STARTER 15 LB. ASPHALT ROOFING FELT ASPHALT SHINGLES AS SPECIFIED DETAIL AT TYPICAL ROOF EDGE 1/2"=1'-0" *PROVIDE SELF SEALING ASPHALT MEMBRANE (ICE SHIELD) AT ALL VALLEYS PREFINISHED METAL EDGE ISSUE DATE 952.250.1941 WINDMILLERDESIGNSTUDIO.COM 5.10.23 CLARK GARAGENOTE: WINDMILLER DESIGN STUDIO, LLC. ASSUMES NO RESPONSIBILITY FOR STRUCTURAL OR DIMENSIONAL ERRORS OR OMISSIONS. WINDMILLER DESIGN STUDIO, LLC. ASSUMES NO RESPONSIBILITY FOR THE WORKMANSHIP OF THE SUB-CONTRACTORS. THE CONTRACTOR AND/OR OWNER MUST VERIFY AND CHECK ALL NOTES, DETAILS, ELEVATIONS, SECTIONS AND FLOOR PLANS AND NOTIFY WINDMILLER DESIGN STUDIO, LLC. OF ANY ERRORS OR OMISSIONS FOR POSSIBLE CORRECTION PRIOR TO THE START OF CONSTRUCTION.565 Leaf Street Orono, MN 55356A3.2 BUILDING DETAILS Leaf Street#LICENSE NO.DATES1APRIL 10, 2023Minnetonka, Minnesota 55345Phone (952) 474-796417917 Highway 7Web: www.advsur.comAdvanceSurveying & Engineering, Co.MICHAEL CLARK565 LEAF STREETCLIENT NAME / JOB ADDRESSORONO, MNSHEET TITLEPROPOSED SURVEYSHEET NO.SHEET 1 OF 1DRAWING ORIENTATION & SCALE40200230370 JRDRAWING NUMBERDATE DRAFTED:DATE SURVEYED:APRIL 6, 2023APRIL 10, 2023LEGAL DESCRIPTION:Lot 1, Block 3, FOX HOLLOW, Hennepin County, Minnesota.SCOPE OF WORK & LIMITATIONS:1. Showing the length and direction of boundary lines of the legal description listed above. The scope of our services does not includedetermining what you own, which is a legal matter. Please check the legal description with your records or consult with competent legalcounsel, if necessary, to make sure that it is correct and that any matters of record, such as easements, that you wish to be included on thesurvey have been shown.2. Showing the location of observed existing improvements we deem necessary for the survey.3. Setting survey markers or verifying existing survey markers to establish the corners of the property.4. This survey has been completed without the benefit of a current title commitment. There may be existing easements or other encumbrancesthat would be revealed by a current title commitment. Therefore, this survey does not purport to show any easements or encumbrances otherthan the ones shown hereon.5. Showing elevations on the site at selected locations to give some indication of the topography of the site. We have also provided abenchmark for your use in determining elevations for construction on this site. The elevations shown relate only to the benchmark providedon this survey. Use that benchmark and check at least one other feature shown on the survey when determining other elevations for use onthis site or before beginning construction.6. Note that all building dimensions and building tie dimensions to the property lines, are taken from the siding and or stucco of the building.7. It should be noted that this survey was done under snow and ice conditions and that all improvements may or may not have been showncorrectly. While we did our best to locate all improvements under the snow and ice, we can't be sure that all improvements were shown.Please look over the survey to be sure everything you need shown is shown correctly.8. While we show a proposed location for this garage, we are not as familiar with your proposed plans as you, your architect, or the builder are.Review our proposed location of the improvements and proposed yard grades carefully to verify that they match your plans beforeconstruction begins. Also, we are not as familiar with local codes and minimum requirements as the local building and zoning officials inthis community are. Be sure to show this survey to said officials, or any other officials that may have jurisdiction over the proposedimprovements and obtain their approvals before beginning construction or planning improvements to the property.STANDARD SYMBOLS & CONVENTIONS:"●" Denotes iron survey marker, set, unless otherwise noted.# 42379Thomas M. BloomSHEET SIZE22 X 34SCALE - 1" = 20'GRADING & EROSION CONTROL NOTES:BEFORE DEMOLITION AND GRADING BEGIN·Install silt fence/bio roll around the perimeter of the construction area.·Sediment control measures must remain in place until final stabilizationhas been established and then shall be removed. Sediment controls maybe removed to accommodate short term construction activity but must bereplaced before the next rain.·Contractor shall install inlet protection on all existing storm sewer inletsin accordance with the city standard details. Inlet protection shall also beprovided on all proposed storm sewer inlets immediately followingconstruction of the inlet. Inlet protection must be installed in a mannerthat will not impound water for extended periods of time or in a mannerthat presents a hazard to vehicular or pedestrian traffic.DURING CONSTRUCTION:·When dirt stockpiles have been created, a double row of silt fence shall beplaced to prevent escape of sediment laden runoff and if the piles or otherdisturbed areas are to remain in place for more than 14 days, they shall beseeded with Minnesota Department of Transportation Seed Mixture22-111 at 100 lb/acre followed by covering with spray mulch.·A dumpster shall be placed on the site for prompt disposal of constructiondebris. These dumpsters shall be serviced regularly to preventoverflowing and blowing onto adjacent properties. Disposal of solidwastes from the site shall in accordance with Minnesota Pollution ControlAgency requirements.·A separate container shall be placed for disposal of hazardous waste.Hazardous wastes shall be disposed of in accordance with MPCArequirements.·Concrete truck washout shall be in the plastic lined ditch and dispose ofwashings as solid waste.·Sediment control devices shall be regularly inspected and after majorrainfall events and shall be cleaned and repaired as necessary to providedownstream protection.·Streets and other public ways shall be inspected daily and if litter or soilshas been deposited it shall promptly be removed.·If necessary, vehicles, that have mud on their wheels, shall be cleanedbefore exiting the site in the rock entrance areas·Moisture shall be applied to disturbed areas to control dust as needed.·Portable toilet facilities shall be placed on site for use by workers andshall be properly maintained.·If it becomes necessary to pump the excavation during construction,pump discharge shall be into the stockpile areas so that the double siltfence around these areas can filter the water before it leaves the site.·Temporary erosion control shall be installed no later than 14 days afterthe site is first disturbed and shall consist of broadcast seeding withMinnesota Department of Transportation Seed Mixture 22-111 at 100lb/acre followed by covering with spray mulch.·Erosion control measures shown on the erosion control plan are theabsolute minimum. The contractor shall install temporary earth dikes,sediment traps or basins and additional silt fencing as deemed necessaryto control erosion.SITE WORK COMPLETION:·When final grading has been completed but before placement of seed orsod an “as built” survey shall be done per City of Orono requirements toinsure that grading was properly done.·When any remedial grading has been completed, sod or seeding shall becompleted including any erosion control blankets for steep areas.·When turf is established, silt fence and inlet protection and other erosioncontrol devices shall be disposed of and adjacent streets, alleys and walksshall be cleaned as needed to deliver a site that is erosion resistant andclean.·Contractor shall maintain positive drainage of a minimum 2% slope awayfrom proposed building.LEGENDCouncil Exhibit B 37'-0"30'-0"20'-0"10'-0"12'-0"25'-0" UNEXCAVATED 1'-11"8'-2" M.O. 1'-11"4'-0"3'-0"M.O.3'-5"18'-2" M.O. 3'-5"4'-10"6'-2"M.O.9'-0"5'-0"2'-4"10'-0"8'-3"2'-0"10'-2" 5'-0" 2'-0" 2" STONE LEDGE2" STONE LEDGE8"STUD WALL DRAWING KEY: FOUNDATION WALL ISSUE DATE 952.250.1941 WINDMILLERDESIGNSTUDIO.COM 5.10.23 CLARK GARAGENOTE: WINDMILLER DESIGN STUDIO, LLC. ASSUMES NO RESPONSIBILITY FOR STRUCTURAL OR DIMENSIONAL ERRORS OR OMISSIONS. WINDMILLER DESIGN STUDIO, LLC. ASSUMES NO RESPONSIBILITY FOR THE WORKMANSHIP OF THE SUB-CONTRACTORS. THE CONTRACTOR AND/OR OWNER MUST VERIFY AND CHECK ALL NOTES, DETAILS, ELEVATIONS, SECTIONS AND FLOOR PLANS AND NOTIFY WINDMILLER DESIGN STUDIO, LLC. OF ANY ERRORS OR OMISSIONS FOR POSSIBLE CORRECTION PRIOR TO THE START OF CONSTRUCTION.565 Leaf Street Orono, MN 55356A1.0 FOUNDATION PLAN 30'-0"37'-0" 25'-0"20'-0"12'-0"10'-0"18'-0" X 8'-0" O.H. DOOR6'-0 X 8'-0" GLASS O.H. DOORTV UP 17R OFFICE GARAGE BATH 4'-0"TALL STORAGETALL STORAGE CLOSET 12'-3 1/4"15'-4"30'-0"OPTION: PERGOLA EQ.EQ.EQ.EQ.EQ.EQ. 5'-11 1/2"1'-11"4'-9 3/4"10'-7"4'-9" 3'-5 1/4"(4)3'-0" X 6'-0"2'-8" X 4'-6"2'-4" X 4'-6" FLOOR DRAIN 1'-10"1'-10"LINE OF WALLS ABOVE 18" OPEN FLOOR TRUSSES SPACING BY SUPPLIER 18" OPEN FLOOR TRUSSES SPACING BY SUPPLIER STONE LEDGE EQ.EQ.42" VAN. MECH. 2X10 STUD WALL DRAWING KEY: FOUNDATION WALL ISSUE DATE 952.250.1941 WINDMILLERDESIGNSTUDIO.COM 5.10.23 CLARK GARAGENOTE: WINDMILLER DESIGN STUDIO, LLC. ASSUMES NO RESPONSIBILITY FOR STRUCTURAL OR DIMENSIONAL ERRORS OR OMISSIONS. WINDMILLER DESIGN STUDIO, LLC. ASSUMES NO RESPONSIBILITY FOR THE WORKMANSHIP OF THE SUB-CONTRACTORS. THE CONTRACTOR AND/OR OWNER MUST VERIFY AND CHECK ALL NOTES, DETAILS, ELEVATIONS, SECTIONS AND FLOOR PLANS AND NOTIFY WINDMILLER DESIGN STUDIO, LLC. OF ANY ERRORS OR OMISSIONS FOR POSSIBLE CORRECTION PRIOR TO THE START OF CONSTRUCTION.565 Leaf Street Orono, MN 55356A1.1 MAIN LEVEL PLAN DN 12'-1"2'-6" 2'-6" EXERCISE BATH LIVING ROOM3'-0"BENCH W/ HOOKS2'-6"5'-0" OPENING 4'-8 3/4"37'-0"30'-0"20'-0"10'-0"25'-0"2'-6"BENCH SEAT48" DIA. TABLE 5'-0" KNEE WALL 5'-0" KNEE WALL 5'-0" KNEE WALL5'-0" KNEE WALL9'-0" VAULT HEIGHT 8'-0" VAULT HEIGHT 6'-0" KNEE WALL3'-6"10'-5 1/2"12'-2 1/4"2'-3 3/4"16'-1" 2'-3 3/4"4'-8 3/4"5'-4 1/2"6'-5 1/4"6'-8"6'-9 1/2"1'-4 1/2"5'-4 1/2"19'-10 3/4"4'-5 1/2"16'-1" 6'-1 1/2" (2)3'-0" X 5'-0"(2)2'-6" X 4'-6"(2)2'-6" X 5'-0"3'-0" X 5'-0" TILE NEW STUD WALL DRAWING KEY: EXISTING STUD WALL DEMO WALL ISSUE DATE 952.250.1941 WINDMILLERDESIGNSTUDIO.COM 5.10.23 CLARK GARAGENOTE: WINDMILLER DESIGN STUDIO, LLC. ASSUMES NO RESPONSIBILITY FOR STRUCTURAL OR DIMENSIONAL ERRORS OR OMISSIONS. WINDMILLER DESIGN STUDIO, LLC. ASSUMES NO RESPONSIBILITY FOR THE WORKMANSHIP OF THE SUB-CONTRACTORS. THE CONTRACTOR AND/OR OWNER MUST VERIFY AND CHECK ALL NOTES, DETAILS, ELEVATIONS, SECTIONS AND FLOOR PLANS AND NOTIFY WINDMILLER DESIGN STUDIO, LLC. OF ANY ERRORS OR OMISSIONS FOR POSSIBLE CORRECTION PRIOR TO THE START OF CONSTRUCTION.565 Leaf Street Orono, MN 55356A1.2 UPPER LEVEL PLAN 9'-1 1/8"1'-6 3/4"TOP OF BLOCK PLATE HEIGHT TOP OF SUBFLOOR 12 4 1'-0"8'-1 1/8"PLATE HEIGHT SEE PLAN 12 12 TOP OF FOOTING4'-0"26'-8 3/4"8" FRIEZE BOARD 2'-0"3'-6"2'-0" RIDGE VENT 6'-0"ISSUE DATE 952.250.1941 WINDMILLERDESIGNSTUDIO.COM 5.10.23 CLARK GARAGENOTE: WINDMILLER DESIGN STUDIO, LLC. ASSUMES NO RESPONSIBILITY FOR STRUCTURAL OR DIMENSIONAL ERRORS OR OMISSIONS. WINDMILLER DESIGN STUDIO, LLC. ASSUMES NO RESPONSIBILITY FOR THE WORKMANSHIP OF THE SUB-CONTRACTORS. THE CONTRACTOR AND/OR OWNER MUST VERIFY AND CHECK ALL NOTES, DETAILS, ELEVATIONS, SECTIONS AND FLOOR PLANS AND NOTIFY WINDMILLER DESIGN STUDIO, LLC. OF ANY ERRORS OR OMISSIONS FOR POSSIBLE CORRECTION PRIOR TO THE START OF CONSTRUCTION.565 Leaf Street Orono, MN 55356A2.0 EXTERIOR ELEVATION 9'-1 1/8"1'-6 3/4"PLATE HEIGHT TOP OF SUBFLOOR 8'-1 1/8"PLATE HEIGHT TOP OF BLOCK TOP OF FOOTING 6"26'-8 3/4"3'-6"2'-0"4'-9"ISSUE DATE 952.250.1941 WINDMILLERDESIGNSTUDIO.COM 5.10.23 CLARK GARAGENOTE: WINDMILLER DESIGN STUDIO, LLC. ASSUMES NO RESPONSIBILITY FOR STRUCTURAL OR DIMENSIONAL ERRORS OR OMISSIONS. WINDMILLER DESIGN STUDIO, LLC. ASSUMES NO RESPONSIBILITY FOR THE WORKMANSHIP OF THE SUB-CONTRACTORS. THE CONTRACTOR AND/OR OWNER MUST VERIFY AND CHECK ALL NOTES, DETAILS, ELEVATIONS, SECTIONS AND FLOOR PLANS AND NOTIFY WINDMILLER DESIGN STUDIO, LLC. OF ANY ERRORS OR OMISSIONS FOR POSSIBLE CORRECTION PRIOR TO THE START OF CONSTRUCTION.565 Leaf Street Orono, MN 55356A2.1 EXTERIOR ELEVATION 9'-1 1/8"1'-6 3/4"PLATE HEIGHT TOP OF SUBFLOOR 8'-1 1/8"PLATE HEIGHT TOP OF BLOCK TOP OF FOOTING 4'-0"26'-8 3/4"2'-0"2'-0" ISSUE DATE 952.250.1941 WINDMILLERDESIGNSTUDIO.COM 5.10.23 CLARK GARAGENOTE: WINDMILLER DESIGN STUDIO, LLC. ASSUMES NO RESPONSIBILITY FOR STRUCTURAL OR DIMENSIONAL ERRORS OR OMISSIONS. WINDMILLER DESIGN STUDIO, LLC. ASSUMES NO RESPONSIBILITY FOR THE WORKMANSHIP OF THE SUB-CONTRACTORS. THE CONTRACTOR AND/OR OWNER MUST VERIFY AND CHECK ALL NOTES, DETAILS, ELEVATIONS, SECTIONS AND FLOOR PLANS AND NOTIFY WINDMILLER DESIGN STUDIO, LLC. OF ANY ERRORS OR OMISSIONS FOR POSSIBLE CORRECTION PRIOR TO THE START OF CONSTRUCTION.565 Leaf Street Orono, MN 55356A2.2 EXTERIOR ELEVATION 9'-1 1/8"PLATE HEIGHT TOP OF SUBFLOOR 8'-1 1/8"PLATE HEIGHT TOP OF BLOCK TOP OF FOOTING 4'-0"1'-6 3/4"2'-0"2'-0" ISSUE DATE 952.250.1941 WINDMILLERDESIGNSTUDIO.COM 5.10.23 CLARK GARAGENOTE: WINDMILLER DESIGN STUDIO, LLC. ASSUMES NO RESPONSIBILITY FOR STRUCTURAL OR DIMENSIONAL ERRORS OR OMISSIONS. WINDMILLER DESIGN STUDIO, LLC. ASSUMES NO RESPONSIBILITY FOR THE WORKMANSHIP OF THE SUB-CONTRACTORS. THE CONTRACTOR AND/OR OWNER MUST VERIFY AND CHECK ALL NOTES, DETAILS, ELEVATIONS, SECTIONS AND FLOOR PLANS AND NOTIFY WINDMILLER DESIGN STUDIO, LLC. OF ANY ERRORS OR OMISSIONS FOR POSSIBLE CORRECTION PRIOR TO THE START OF CONSTRUCTION.565 Leaf Street Orono, MN 55356A2.3 EXTERIOR ELEVATION 9'-1 1/8"1'-6 3/4"5/8" GYP. BOARD ALL COMMON WALLS & CEILING GARAGE 4" CONCRETE SLAB ON GRADE 4" MIN. GRANULAR FILL 6 MIL. MIN. POLY VAPOR BARRIER W/ TAPED SEAMS 2" RIGID INSULATION 18" OPEN FLOOR TRUSSES 3/4" T&G PLYWOOD SUBFLOOR GLUED & SCREWED TO FLOOR TRUSSES VERIFY SPACING & SIZE W/ SUPPLIER SPRAY FOAM INSULATION & SEALER R 49 MIN AT CEILINGS AND ROOFS, R 38 MIN AT FLOOR 5/8" TYPE "X" GYP BD LIVING ROOM ROOF TRUSSES BY MFG. 2'-0"8'-1 1/8"5'-0" KNEE WALL1'-0" 12 4 10'-11 7/8"TOP OF BLOCK PLATE HEIGHT TOP OF SUBFLOOR PLATE HEIGHT TOP OF FOOTING4'-0"8" HEEL2'-0" TYPICAL EXTERIOR WALL: SIDING PER ELEVATION HOUSEWRAP 1/2" EXTERIOR PLYWOOD SHEATHING 2X6 WOOD STUDS @ 16" O.C. R-20 (MIN) BATT INSULATION 6 MIL POLY VAPOR BARRIER 1/2" INTERIOR GYPSUM BOARD, SMOOTH FINISH. TYPICAL ROOF: RIDGE VENT & ROOF VENTS AS REQ'D ARCHITECTURAL ASPHALT SHINGLES ASPHALT FELT PAPER 2 COURSES ICE & WATER SHIELD @ ALL EAVES AND VALLEYS AND 100% COVERAGE ON LOWER 6 FT 5/8" ROOF SHEATHING ENGINEERED ROOF TRUSSES BY MANUFACTURER R-49 (MIN) 16 1/2" FIBERGLASS BLOWN-IN INSULATION OR, 7" CLOSED CELL POLYURETHANE SPRAY FOAM INSULATION 6 MIL POLY VAPOR BARRIER 5/8" GYPSUM BOARD CEILING (SMOOTH FINISH) ISSUE DATE 952.250.1941 WINDMILLERDESIGNSTUDIO.COM 5.10.23 CLARK GARAGENOTE: WINDMILLER DESIGN STUDIO, LLC. ASSUMES NO RESPONSIBILITY FOR STRUCTURAL OR DIMENSIONAL ERRORS OR OMISSIONS. WINDMILLER DESIGN STUDIO, LLC. ASSUMES NO RESPONSIBILITY FOR THE WORKMANSHIP OF THE SUB-CONTRACTORS. THE CONTRACTOR AND/OR OWNER MUST VERIFY AND CHECK ALL NOTES, DETAILS, ELEVATIONS, SECTIONS AND FLOOR PLANS AND NOTIFY WINDMILLER DESIGN STUDIO, LLC. OF ANY ERRORS OR OMISSIONS FOR POSSIBLE CORRECTION PRIOR TO THE START OF CONSTRUCTION.565 Leaf Street Orono, MN 55356A3.0 BUILDING SECTION 2'-0"9'-1 1/8"1'-6 3/4"TOP OF BLOCK PLATE HEIGHT TOP OF SUBFLOOR 4" CONCRETE SLAB ON GRADE 4" MIN. GRANULAR FILL 6 MIL. MIN. POLY VAPOR BARRIER W/ TAPED SEAMS 2" RIGID INSULATION 3/4" T&G PLYWOOD SUBFLOOR GLUED & SCREWED TO FLOOR TRUSSES VERIFY SPACING & SIZE W/ SUPPLIER SPRAY FOAM INSULATION & SEALER R 49 MIN AT CEILINGS AND ROOFS, R 38 MIN AT FLOOR 5/8" TYPE "X" GYP BD 18" OPEN FLOOR TRUSSES INSULATED & SHEET ROCKED 5/8" GYP. BOARD ALL COMMON WALLS & CEILING OFFICE EXERCISE ROOF TRUSSES BY MFG.8'-1 1/8"PLATE HEIGHT 5'-0"KNEE WALLTOP OF FOOTING 4'-0"2'-0" ISSUE DATE 952.250.1941 WINDMILLERDESIGNSTUDIO.COM 5.10.23 CLARK GARAGENOTE: WINDMILLER DESIGN STUDIO, LLC. ASSUMES NO RESPONSIBILITY FOR STRUCTURAL OR DIMENSIONAL ERRORS OR OMISSIONS. WINDMILLER DESIGN STUDIO, LLC. ASSUMES NO RESPONSIBILITY FOR THE WORKMANSHIP OF THE SUB-CONTRACTORS. THE CONTRACTOR AND/OR OWNER MUST VERIFY AND CHECK ALL NOTES, DETAILS, ELEVATIONS, SECTIONS AND FLOOR PLANS AND NOTIFY WINDMILLER DESIGN STUDIO, LLC. OF ANY ERRORS OR OMISSIONS FOR POSSIBLE CORRECTION PRIOR TO THE START OF CONSTRUCTION.565 Leaf Street Orono, MN 55356A3.1 BUILDING SECTION NOTE: WINDMILLER DESIGN STUDIO, LLC. ASSUMES NO RESPONSIBILITY FOR STRUCTURAL OR DIMENSIONAL ERRORS OR OMISSIONS. WINDMILLER DESIGN STUDIO, LLC. ASSUMES NO RESPONSIBILITY FOR THE WORKMANSHIP OF THE SUB-CONTRACTORS. THE CONTRACTOR AND/OR OWNER MUST VERIFY AND CHECK ALL NOTES, DETAILS, ELEVATIONS, SECTIONS AND FLOOR PLANS AND NOTIFY WINDMILLER DESIGN STUDIO, LLC. OF ANY ERRORS OR OMISSIONS FOR POSSIBLE CORRECTION PRIOR TO THE START OF CONSTRUCTION. GENERAL NOTES: 1. IMPORTANT $//',0(16,216$5(*(1(5$/ CONTRACTOR TO FIELD VERIFY ALL EXISTING SITE CONDITIONS PRIOR TO COMMENCEMENT OF CONSTRUCTION. 2. ALL DIMENSIONS TO FRAMING & EXTERIOR SHEATHING UNLESS OTHERWISE NOTED. 3. ALL DIMENSIONS HAVE PRECEDENCE OVER SCALED DRAWINGS. 4. ALL STRUCTURAL COMPONENTS & CONNECTIONS TO BE ENGINEERED BY SUPPLIER. 5. ALL WINDOW HEADERS TO BE 2- 2X10'S UNLESS OTHERWISE NOTED. 6. ALL WOOD ABUTTING CONCRETE TO BE TREATED. 7. ALL ANGLES TO BE 45 DEGREES UNLESS OTHERWISE NOTED. 8. GENERAL CONTRACTOR TO INSTALL ALL PRODUCTS PER MANUFACTURERS' RECOMMENDATIONS. 9. GENERAL CONTRACTOR SHALL NOT COMMENCE WORK UNDER THIS CONTRACT PRIOR TO SUBMITTING PROOF OF INSURANCE AND APPROVAL OF THE OWNER. 10. GENERAL CONTRACTOR AND HIS SUBCONTRACTORS SHALL OBTAIN ALL REQUIRED PERMITS BEFORE STARTING THE WORK, AND OBTAIN SIGN-OFFS UPON COMPLETION OF THE WORK. 11. GENERAL CONTRACTOR SHALL PROVIDE ALL LABOR, MATERIALS AND SERVICES NECESSARY TO COMPLETE THE ENTIRE SCOPE OF WORK, AND SHALL COORDINATE ALL TRADES, MATERIAL DELIVERY SCHEDULES, ETC. TO PERFORM THE JOB IN THE MOST EXPEDITIOUS MANNER. 12. GENERAL CONTRACTOR SHALL BE RESPONSIBLE FOR THE SECURITY OF ALL BUILDING MATERIALS AND FIXTURES DURING CONSTRUCTION AND PROVIDING ALL NECESSARY PROTECTION TO EXISTING OCCUPIED AREAS. 13. GENERAL CONTRACTOR SHALL PERFORM DAILY CLEAN-UP OF THE JOB SITE. 14. GENERAL CONTRACTOR SHALL PERFORM FINAL CLEAN-UP OF THE SITE UPON COMPLETION OF THE WORK. 15. GENERAL CONTRACTOR TO COMPLY WITH ALL LOCAL, STATE AND FEDERAL CODES. 16. THE PREVAILING BUILDING CODE IS THE RESIDENTIAL BUILDING CODE (RBC) . 17. CONSTRUCTION SHOULD BE PERFORMED TO CURRENT STATE OF MINNESOTA BUILDING & ENERGY CODES AND LOCAL INDUSTRY STANDARDS AND STANDARD INDUSTRY PRACTICES. 18. ALL WINDOWS & DOORS SHOULD BE INSTALLED PER MANUFACTURERS INSTALLATION REQUIREMENTS AND THE MINNESOTA LATH AND PLASTER BUREAU REQUIREMENTS. 19. ALL WEATHER RESISTIVE BARRIERS SHOULD BE INSTALLED PER IRC SEC. R703.2 AS AMENDED BY THE STATE OF MINNESOTA RULES SECTION 1309.0707 20. ENGINEERING- ALL HVAC, PLUMBING, ELECTRICAL, SOILS AND STRUCTURAL ENGINEERING AND DESIGN SHALL BE PROVIDED BY THE RESPECTIVE SUBCONTRACTOR/SUPPLIER OF THOSE SYSTEMS AND COORDINATED BY THE GENERAL CONTRACTOR. INFORMATION HEREIN SHOWN IN THESE REGARDS IS PROVIDED FOR CLARIFICATION OF THE OVERALL PROJECT'S DESIGN INTENT ONLY. 21. PRODUCT INFORMATION- PROVIDE SAMPLES AND SHOP DRAWINGS FOR ALL MATERIALS AND FABRICATED ITEMS TO THE EXTENT THE OWNER HAS FULL UNDERSTANDING OF THE PRODUCTS AND/OR DESIGN OF. 22. SPECIFICATIONS- CONTRACTOR SHALL DISCLOSE TO THE OWNER AND COORDINATE ALL SPECIFICATIONS OF ALL ASPECTS OF THE WORK THAT ARE NOT INDICATED IN THE DRAWINGS OR PRE-SELECTED BY THE OWNER. NOTE: VERIFY GIRDER OR POINT LOADS WITH TRUSS/JOIST SUPPLIER THAT ARE ASSOCIATED WITH STRUCTURE NOT INDICATED ON PLANS AND CANNOT BE SUPPORTED ON TYPICAL SPREAD FOOTING. NOTIFY FOOTING & FOUNDATION SUPPLIER PRIOR TO PROCEEDING WITH ANY WORK. PLAN NOTES: GENERAL FRAMING INFORMATION: ALL WOOD FRAMING TO COMPLY WITH APPLICABLE STATE AND LOCAL BUILDING CODES AND THE NATIONAL DESIGN SPECIFICATIONS FOR WOOD CONSTRUCTION PUBLISHED BY THE NATIONAL FOREST PRODUCTS ASSOCIATION (NFPA) ,03257$17$//',0(16,216$5(*(1(5$/&2175$&72572),(/' VERIFY ALL EXISTING SITE CONDITIONS PRIOR TO COMMENCEMENT OF CONSTRUCTION. THESE PLANS INDICATED CONCEPTUAL TRUSS CONFIGURATIONS AND LOADING CONDITIONS. ALL FLOOR AND ROOF TRUSSES INDICATED ON THESE PLANS ARE TO BE DESIGNED AND ENGINEERED BY THE MANUFACTURER LICENSED TO PRACTICE WITHIN THE STATE OF THE PROJECT. PRIOR TO CONSTRUCTION VERIFY ALL POINT LOAD AND BEARING CONDITIONS AND COORDINATE POSTS AND BEARING REQUIREMENTS WITH THE BUILDER. NOTIFY ARCHITECT/ENGINEER OF ANY DISCREPANCIES FROM THESE PLANS. FOLLOW MANUFACTURERS RECOMMENDATIONS AND REQUIREMENTS FOR AND FURNISH ALL BLOCKING, STIFFENERS, BRACING, FASTENERS, HARDWARE, ETC. NECESSARY FOR INSTALLATION. ALL CONVENTIONAL LUMBER TO BE HEM-FIR #2 GRADE OR BETTER. MINIMUM LVL LUMBER PROPERTIES: Fb = 2,600 PSI Fv = 285 PSI E = 1,900,000 PSI UNLESS NOTED OTHERWISE: EXTERIOR WALLS (INCLUDING GARAGE WALLS) TYPICALLY TO BE 2X6 CONSTRUCTION, INTERIOR WALLS TYPICALLY TO BE 2X4, INTERIOR WALL WITH POCKET DOORS TO BE 2X6 CONSTRUCTION. POCKET DOORS TO BE CUSTOM FABRICATED WITH "TIMBERSTRAND ENGINEERED FRAMING". CABINET WALLS AND BALLOON FRAMED WALLS SHALL BE FRAMED WITH "TIMBERSTRAND". PLAN DIMENSIONS ARE TYPICALLY TAKEN TO OUTSIDE OF WALL SHEATHING AT EXTERIOR WALLS AND TO CENTER LINES OF FACE OF STUD AT INTERIOR WALLS. COLUMN SIZES SHALL NOT EXCEED CRUSHING STRENGTH OF THE PLATES THEY BEAR ON- SIZE AS REQUIRED. UTILIZE SQUASH BLOCKING OR BEAR DIRECTLY ON FOUNDATION. USE PRESERVATIVE TREATED COLUMNS, BEAMS, PLATES, MISC. FRAMING MEMBERS AS REQUIRED BY CODE AND AS CALLED OUT IN PLANS. WHERE WOOD FRAMING SIZES ARE INDICATED, MANUFACTURER TO VERIFY GRADE AND SPACING REQUIRED TO MAINTAIN MINIMUM L/480 DEFLECTION. ALL FLOOR BEAMS TO BE SET FLUSH WITH FLOOR FRAMING UNLESS INDICATED OTHERWISE. ALL ROOF BEAMS TO BE DROPPED UNLESS NOTED OTHERWISE DROPPED FLOOR BEAMS OR ROOF BEAMS SHALL BE 12" MAXIMUM DEPTH UNLESS NOTED OTHERWISE. SILL PLATES SHALL BE 2X6 MINIMUM. ANCHOR BOLTS SHALL BE 1/2" MIN. DIAMETER (U.N.O.) CAST IN PLACE WITH 7" EMBED. ANCHOR BOLTS SHALL HAVE 2" DIA. X 0.125" THICK WASHERS TIGHTENED AND COUNTERSUNK 1/4" INTO THE TOP OF THE SILL PLATE. SPACING SHALL BE 48" O.C. WITH A MIN. OF TWO BOLTS PER PIECE WITH BOLT LOCATED NO MORE THAN 12" OR LESS THAN 4" FROM EACH END OF EACH PIECE. AT TILED FLOOR AREAS USE MUDSET METHOD AND DEPRESS FLOOR SHEATHING SO IT IS FLUSH WITH TOP OF FLOOR FRAMING (SHEATHING IN BETWEEN FRAMING MEMBERS) WINDOW DESIGNATIONS ON PLANS INDICATE FRAME WIDTH X HEIGHT. VERIFY ROUGH OPENING SIZES WITH WINDOW MANUFACTURER. AS A MINIMUM, UNLESS SHOWN OTHERWISE ON PLANS, PROVIDE DOUBLE STUD AT ALL HEADER AND LINTEL SUPPORTS (ONE FULL HEIGHT KING STUD AND ONE JACK STUD) SHEATHING: ALL EXTERIOR WALLS TO HAVE CONTINUOUS PLYWOOD WALL SHEATHING. EACH PANEL OF SHEATHING SHALL BE IDENTIFIED WITH THE APPROPRIATE GRADE - TRADEMARK OF THE AMERICAN PLYWOOD ASSOCIATION. PROVIDE 1/8" SPACE AT EDGES AND ENDS OF EACH SHEET OR AS REQUIRED BY THE MANUFACTURER. GRADE AND TYPE SHALL BE AS FOLLOWS: ROOF SHEATHING: 40/20 APA RATED SHEATHING EXPOSURE 1 EXTERIOR WALL: 24/16 APA RATED SHEATHING EXPOSURE 1 FLOORS: 48/24 APA RATED SHEATHING EXPOSURE 1 (T&G) 5/8" MINIMUM ROOF SHEATHING TO BE ATTACHED WITH 0.113" DIAMETER NAILS AT 6" O.C.; EDGE, 12" O.C. FIELD. PROVIDE 6" O.C. NAILING TO ALL MEMBERS IN LINE WITH SHEAR WALLS. EDGE FASTENERS SHOULD BE PLACED 3/8" FROM PANEL EDGES AND ENDS OR AS REQUIRED BY THE MANUFACTURER. 3/4"MINIMUM FLOOR SHEATHING TO BE GLUED AND ATTACHED WITH 0.113" DIAMETER NAILS @ 6" O.C. EDGE, 12" O.C. FIELD. 1/2" MINIMUM PLYWOOD EXTERIOR WALL SHEATHING TO BE ATTACHED WITH 0.113" DIAMETER NAILS AT 6" OC.; EDGE, 12" O.C. FIELD UNLESS OTHERWISE NOTED ON PLANS. INTERIOR SHEAR WALLS TO HAVE 5/8" GYPSUM SHEATHING BOTH SIDES OF WALL ATTACHED WITH 6d COOLER NAILS OR WALLBOARD NAILS AT 7" O.C. EDGE, 12" O.C. FIELD UNLESS NOTED OTHERWISE ON PLANS. SPLICE ALL SHEATHING ON A COMMON MEMBER SO AS TO PROPERLY TRANSFER SHEAR FORCES. ALL SHEATHING NAILING TO BE COMMON WIRE OR GALVANIZED NAILS. CONCRETE WORK: DO NOT BEGIN CONCRETE WORK UNTIL ALL LOADING CONDITIONS HAVE BEEN VERIFIED BY GENERAL CONTRACTOR. ALL CONCRETE WORK SHALL COMPLY WITH STATE AND LOCAL BUILDING CODES AND ORDINANCES. CONCRETE CONTRACTOR SHALL VERIFY ALL REQUIREMENTS. TYPICAL FULL HEIGHT FOUNDATION WALLS SHALL BE 8" MINIMUM CONCRETE REINFORCED WITH #4'S AT 24" O.C. EACH WAY AT 3/4" CLEAR OF INSIDE FACE. WALLS 10" OR THICKER SHALL HAVE AN ADDITIONAL LAYER OF #4'S AT 12" O.C. EACH WAY AT 3" CLEAR FROM EXTERIOR FACE. PROVIDE DOWELS TO FOOTING TO MATCH MAIN VERTICAL WALL REINFORCEMENT, AND HOOK 12" INTO FOOTING AT 3" CLEAR OF BOTTOM. ROOF PLAN NOTES: - TYPICAL ROOFING SYSTEM SHALL BE AS FOLLOWS: ASPHALT ROOF SHINGLES, ROOFING FELT/SELF ADHERED ROOFING UNDERLAYMENT OVER ROOF SHEATHING. - STANDING SEAM METAL ROOF SYSTEM SHALL BE AS FOLLOWS: PREFORMED STANDING SEAM METAL PANELS, RED ROSIN PAPER, ROOFING FELT/SELF ADHERED ROOFING UNDERLAYMENT OVER ROOF SHEATHING. - METAL PANS WHERE INDICATED SHALL BE FLAT SOLDERED SEAMED COPPER 29(5:5*5$&(´8/75$µ6(/)$'+(5('522),1*81'(5/$<0(17,)),(/' SEAMING IS PERFORMED PLACE 2 LAYERS ROOFING FELT UNDER SEAM LOCATIONS TO PROTECT UNDERLAYMENT. - ROOFING FELT SHALL BE UL RATED 30 LB ASPHALT SATURATED ORGANIC FELT. - TYPICAL SELF ADHERED ROOFING UNDERLAYMENT SHALL BE W.R. GRACE ´,&($1':$7(56+,(/'µ,167$//$7)2//2:,1*/2&$7,216$/21* ($9(6(;7(1',1*$0,1,0802)µ+25,=217$//<83522)%(<21'7+( ,168/$7(':$///,1(µ6+((7:,'7+$/21**$%/(5$.((1'6 µ6+((7:,'7+$79$//(<6µ6+((7:,'7+$7522):$// INTERSECTIONS, 5) ALL AROUND CHIMNES, SKYLIGHTS, AND OTHER ROOF PENETRATIONS, 6) COMPLETELY AT ALL ROOFS LESS THAN 4:12 PITCH, 7) 26: SHEET AT ROOF PITCH TRANSITIONS, 8) OTHER AREAS AS REQUIRED BY CODE. - INSTALL PREFINISHED METAL DRIP FLASHING ALONG ALL EAVES AND RAKE (1'672+$9(0,1,080µ)/$1*(2172522)685)$&( ,167$//35(),1,6+('0(7$/9$//(<)/$6+,1*:,7+µ9&5,03 µ0,1,08083($&+6,'(2)9$//(<625:($9(6+,1*/(6$79$//(<6 - INSTALL PREFINISHED METAL FLASHING AT ROOF PITCH TRANSITIONS. - INSTALL PREFINISHED METAL FLASHING ALONG ROOF/WALL INTERSECTIONS AND ALONG ROOF/CHIMNEY INTERSECTIONS. &21)250:,7+´60$&1$µ$5&+,7(&785$/6+((70(7$/0$18$//$7(67 EDITION FOR ALL METAL ROOFING, FLASHING, AND ROOF PENETRATION SYSTEMS. - RIDGE VENTS TO BE HIGH PROFILE, PLASTIC TYPE, SHINGLE OVER VENT SYSTEM (COR-A-VENT V-600 SERIES OR EQUAL). INSTALL CONTINUOUSLY ALONG RIDGES. - INSTALL ROOF TO WALL VENTS (COR-A-VENT ROOF-2-WALL VENT OR EQUAL) WHERE INDICATED ON DRAWINGS. - NOT ALL ROOF PENETRATIONS ARE INDICATED ON THESE DRAWINGS. COORDINATE FLUES, DRYER VENTS, PLUMBING STACKS, ETC. AND PROVIDE ACCESSORIES AND INSTALLATION AS REQUIRED. ALL PENETRATIONS SHOULD BE PLACED ON REAR SIDE OF ROOF IF POSSIBLE. REVIEW ALL PENETRATION LOCATIONS IN FIELD WITH OWNER. IMPORTANT NOTE FOR CONTRACTORS AND SUBCONTRACTORS: 1. THESE DRAWINGS ARE DESIGN DRAWINGS. THE GENERAL CONTRACTOR HAS THE RIGHT AND RESPONSIBILITY TO REVISE CONFIGURATIONS AND DETAILS DEPICTED IN THE ARCHITECT'S DESIGN DRAWINGS, AS REQUIRED, TO PROPERLY CONSTRUCT A TECHNICALLY SOUND PROJECT. 2. THE GENERAL CONTRACTOR IS TO NOTIFY THE ARCHITECT WHEN DEVIATING FROM THE DESIGN INTENT. 3. THE GENERAL CONTRACTOR IS RESPONSIBLE FOR VERIFYING ALL COVENANTS, ZONING, BUILDING, FIRE, HEATING, PLUMBING, AND ELECTRICAL CODE REQUIREMENTS. SELF SEALING ASPHALT MEMBRANE (ICE SHIELD) -FIRST (2)ROWS 9" SHINGLE STARTER 15 LB. ASPHALT ROOFING FELT ASPHALT SHINGLES AS SPECIFIED DETAIL AT TYPICAL ROOF EDGE 1/2"=1'-0" *PROVIDE SELF SEALING ASPHALT MEMBRANE (ICE SHIELD) AT ALL VALLEYS PREFINISHED METAL EDGE ISSUE DATE 952.250.1941 WINDMILLERDESIGNSTUDIO.COM 5.10.23 CLARK GARAGENOTE: WINDMILLER DESIGN STUDIO, LLC. ASSUMES NO RESPONSIBILITY FOR STRUCTURAL OR DIMENSIONAL ERRORS OR OMISSIONS. WINDMILLER DESIGN STUDIO, LLC. ASSUMES NO RESPONSIBILITY FOR THE WORKMANSHIP OF THE SUB-CONTRACTORS. THE CONTRACTOR AND/OR OWNER MUST VERIFY AND CHECK ALL NOTES, DETAILS, ELEVATIONS, SECTIONS AND FLOOR PLANS AND NOTIFY WINDMILLER DESIGN STUDIO, LLC. OF ANY ERRORS OR OMISSIONS FOR POSSIBLE CORRECTION PRIOR TO THE START OF CONSTRUCTION.565 Leaf Street Orono, MN 55356A3.2 BUILDING DETAILS MINUTES OF THE ORONO PLANNING COMMISSION June 20, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 3 of 8 Erickson said he was concerned about the increase of height in the 75-foot setback. He said the City has been consistent about that. Libby suggested the commission provide feedback instead of an approval or denial but said there were too many elements to focus on just one. Kraemer moved, Schultze seconded, to approve LA22-000064 Lebrisia Iversen, 4448 North Shore Drive, variance requests. VOTE: Ayes: 3, Nays 2 (Libby and Erickson). 2. LA23-000022 MICHAEL CLARK, 565 LEAF STREET, REQUESTS A VARIANCE FOR THE PLACEMENT OF A NEW ACCESSORY BUILDING STREETWARD OF THE PRINCIPAL BUILDING. City Planner Nye provided information stating the applicant is proposing to construct a new accessory building to be used as a garage and an accessory dwelling unit streetward of the principal building. Accessory buildings are required to be placed to the rear of the principal building or home so a variance for the placement of the new building is being requested. The existing home is placed towards the rear of the property which limits the ability to construct an accessory building in a compliant location, she said. There are also topographical limitations that do not allow for the expansion of the existing attached garage. The new accessory building meets all other building setbacks, hardcover and lot coverage requirements, Nye said. Staff recommends approval of the variance request as applied with the addition of one condition that all accessory dwelling unit ADU performance standards must be met, including a covenant, which should be executed at the time of building permit. The applicant’s architect or contractor was present and available for any questions. Acting Chair Ressler opened the public hearing at 6:48 p.m. There were no public comments. Acting Chair Ressler closed the public hearing at 6:48 p.m. Schultze asked about the accessory dwelling unit on the second floor. Nye said the first floor would be a garage and the second would have a bathroom and some living space. The applicant would have to execute a covenant when they take out the building permit stating they would not rent it out. Erickson moved, Libby seconded, to approve LA23-000022 565 Leaf Street, variance request conditional that all ADU performance standards must be met including a covenant. VOTE: Ayes: 5, Nays 0. 3. LA23-000023 BOB RENAUD WITH MINNESOTA GREEN, 1856 SHADYWOOD ROAD, REQUESTS A 75’ LAKE SETBACK VARIANCE. City Planner Nye said the applicant is requesting a setback variance to replace a retaining wall within the 75-foot Lakeshore setback. The proposal is to replace a failing timber retaining wall that is supporting a large tree with a boulder wall. The change in material requires the application for a variance. The Date Application Received: 05/11/2023 Date Application Considered as Complete: 05/19/2023 60-Day Review Period Expires: 07/182023 To: Chair Bollis and Planning Commission Members Adam Edwards, City Administrator From: Natalie Nye, Planner Date: June 20, 2023 Subject: #LA23-000022, Michael Clark, 565 Leaf Street, Variance for Accessory Structure Location Background The applicant is proposing to construct a new accessory building streetward of the principal building. The proposed building will be used as a garage with an accessory dwelling unit (ADU) on the second floor. The garage will be constructed on the property between the principal building and the street, which is not permitted in the LR-1A zoning district. The applicant is requesting a variance in order to construct the new accessory building streetward of the principal building. All other building setbacks, hardcover, and lot coverage requirements are met. Practical Difficulties Analysis Applicant Submittal Information: The applicant has identified the placement of the existing home on the property as a practical difficulty. The existing home is situated at the rear of the property. A new accessory building could not be constructed behind the home and therefore the applicant is requesting a variance to allow the construction of the accessory building streetward of the home. Additionally, there are topographical limitations that do not allow for the expansion of the existing attached garage. Planning Staff Practical Difficulty Analysis: Staff agrees with the applicant’s assessment. The existing home is placed on the rear portion of the lot, 340 feet from the street, which limits the ability to construct an accessory structure in a compliant location. Staff believes the placement of the home and the topographical challenges that limit the expansion of the existing attached garage are practical difficulties supporting the variance request. LOT ANALYSIS WORKSHEET Section 78-330 – Accessory Building Setbacks: LR-1A District Accessory Building < 1,000 s.f. Required Proposed Front/Street 50’ 168’ Rear 15’ 252’ North Side 15’ 15.2’ South Side 30’ 126’ *Accessory buildings may not be located streetward of the principal building. Section 78-350 – Lot Area/Width: LR-1A District Lot Area Lot Width Required 87,120 s.f. (2.0 acres) 200’ Actual 87,123 s.f. (2.0 acre) 200’ Application Summary: The applicant is requesting a variance to construct a new accessory building streetward of the principal building. Staff Recommendation: Planning Department Staff recommends approval. FILE #LA23-000022 June 20, 2023 Page 2 of 4 Section 78-1403 – Structural Building Coverage: Total Lot Area Total Structural Coverage 87,123 s.f. (0.36 acre) Allowed: 17,424.6 s.f. (20%) Existing: 3,257 s.f. (3.7%) Proposed: 4,168 s.f. (4.8%) Section 78-1700 – Hardcover Calculations: Stormwater Overlay District Tier Allowed Hardcover Existing Hardcover Proposed Hardcover Tier 1 21,780.8 s.f. (25 %) 16,207 s.f. (18.6%) 17,520 s.f. (20.1%) Applicable Regulations: Accessory Building Placement Variance (Section 78-1440) The City Code limits the placement of accessory buildings to behind the principal building or home. The rural districts within the City (RR-1A, RR-1B) allow construction of accessory building streetward of the home meeting all principle structure setbacks. However, the subject property is located within a Lakeshore Residential District (LR-1A) and the proposed placement of the garage requires a variance. Governing Regulation: Variance (Section 78-123) In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. §216C.06, subd. 14, when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. According to MN §462.357 Subd. 6(2) variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance. The variance for the construction of a new accessory building is supported by practical difficulties. The placement of the existing home on the lot prevents a compliant location for an accessory building. This criterion is met. 2. The variance is consistent with the comprehensive plan. The variance resulting in the construction of a new accessory building in a residential zone is consistent with the Comprehensive Plan. The applicant has identified necessary practical difficulties inherent to the land supporting their requests. This criterion is met. 3. The applicant establishes that there are practical difficulties. FILE #LA23-000022 June 20, 2023 Page 3 of 4 a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; Constructing a new accessory building to be used as a detached garage is a reasonable use of the property. The current garage cannot be expanded due to topographical limitations. The applicant has demonstrated practical difficulties in the topography and placement of existing improvements on the lot. This criterion is met. b. There are circumstances unique to the property not created by the landowner; The placement of the existing home is unique to the property was not created by the landowner; and c. The variance will not alter the essential character of the locality. The proposed variance will allow the construction of a new detached garage streetward of the principal building. The proposed location meets all required setbacks and is sufficiently screened from neighboring properties and the street. The proposed placement of the detached garage will not alter the character of the locality. This criterion is met. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination. 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 17, when in harmony with Orono City Code Chapter 78. This condition is not applicable. 6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located. This condition is not applicable, as a residential home is an allowed use in the LR-1A District. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. This condition is not applicable. 7. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The placement of the existing home is unique to this specific property. This criterion is met. 8. The conditions do not apply generally to other land or structures in the district in which the land is located. While the surrounding properties are similar in size, the specific location of the existing structures on the property are unique to the subject property. This criterion is met. 9. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The existing garage cannot be expanded due to topographical limitations. This criterion is met. 10. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. Granting the requested variance will not adversely impact health, safety, comfort, or morals of the community. This criterion is met. FILE #LA23-000022 June 20, 2023 Page 4 of 4 11. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The variance allows for the construction of a new detached garage. The current attached garage cannot be expanded.. This criterion is met. The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Public Comments Adjacent property acknowledgment form has been provided. No other public comments have been received. Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner which is not permitted by an of ficial control? 2. Does the Planning Commission find that the variance, if granted, will not alter the essential character of the neighborhood? 3. Does the Planning Commission find it necessary to impose conditions in order to mitigate the impacts created by th e granting of the requested variance? 4. Are there any other issues or concerns with this application? Planning Staff Recommendation The proposed project is to construct a new accessory building to be used as a detached garage and accessory dwelling unit streetward of the principal building. A variance for placement of the accessory building is required. Staff recommends approval of the application as proposed with the following condition: 1. All Accessory Dwelling Unit (ADU) performance standards must be met including a covenant to be executed at the time of building permit. List of Exhibits Exhibit A. Application Exhibit B. Practical Difficulties Documentation Form Exhibit C. Narrative Exhibit D. Survey Exhibit E. Plans Exhibit F. Hardcover Information Exhibit G. Adjacent Property Acknowledgment Form Exhibit H. Mailing List & Map AGENDA ITEM Prepared By: NAN Reviewed By: LLO Approved By: RJO 1. Purpose. This application is requesting to reconstruct a retaining wall within the 75-foot lake yard with a different material. 2. MN§15.99 Application Deadline. The application was received on May 15, 2023 and considered to be complete on May 19, 2023. Therefore the 60-Day review period expires on July 18, 2023. 3. Background/ Summary. The subject property has an existing timber wall supporting an oak tree within roughly 8 feet from the edge of Lake Minnetonka. The timber wall is failing. The applicant is proposing to replace the timber wall with a boulder wall which would slightly expand the footprint. Retaining walls are not permitted within the lakeyard and a change in material eliminates the opportunity for an “in-kind” replacement. Therefore, a setback variance has been requested. 4. Planning Commission Vote and Comment. On June 20, 2023, the Planning Commission held a public hearing, no comments were made. The Commission reviewed the application and discussed support for the change in material. The Commission voted 5 to 0 on a motion to approve the requested variances as applied with the conditions recommended by staff. 5. Public Comment. The applicant has provided neighbor acknowledgment forms including from the neighbor at 1860 Shadywood Road who is directly impacted. No other public comment has been received. 6. Staff Recommendation. Staff recommends approval of the proposed variance with the following conditions: a. Additional screening of walls be implemented to preserve the natural vegetated view from the lake where feasible. b. All work must be contained to the subject property. Permission must be submitted with the building permit from the abutting property owner if any construction or grading is proposed outside of the boundary. COUNCIL ACTION REQUESTED Motion to adopt Resolution No. 7381 Exhibits A. Draft Resolution No. 7381 B. Proposed Plans C. Draft PC Minutes 6/20/2023 D. PC Staff Report 6/20/2023 References PC Exhibits 6/20/2023 A. Application B. Practical Difficulties Form C. Narrative Item No.: 9 Date: July 10, 2023 Item Description: LA23-000023 – Bob Renaud with Minnesota Green o/b/o Brent Longval, 1856 Shadywood Road, Variance – Resolution No. 7381 Presenter: Natalie Nye Planner Agenda Section: Consent Agenda AGENDA ITEM Prepared By: NAN Reviewed By: LLO Approved By: RJO D. Survey E. Neighbor Acknowledgments F. Property Owners List and Map CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7381 1 A RESOLUTION APPROVING A VARIANCE FROM MUNICIPAL ZONING CODE SECTION 78-1279 FILE NO. LA23-000023 WHEREAS, on May 15, 2023, Bob Renaud with Minnesota Green o/b/o Brent Longval (hereinafter the “Applicant”), applied for a variance from the City Code for the property addressed 1856 Shadywood Road and legally described as: Lot 26 and the Northerly 15 feet of Lot 27, Shady Wood, according to the recorded plat thereof, Hennepin County, Minnesota (hereinafter the “Property”); WHEREAS, the Applicant has applied to the City of Orono for a setback variance from City Code Section 78-1279 in order to replace an existing retaining wall within the lakeyard with a different material; and WHEREAS, the Applicant made a complete application on May 19th, 2023; and WHEREAS, on June 20, 2023, after published and mailed notice in accordance with Minnesota Statutes and the City Code, the Planning Commission held a public hearing, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, on June 20, 2023, the Planning Commission voted 5 to 0 in favor of a motion to recommend approval of the variances as applied; and WHEREAS, on July 10, 2023 the City Council reviewed the application and the recommendations of the Planning Commission and City staff; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves the requested variances as described above based on one or more of the following findings of fact concerning the Property: FINDINGS OF FACT: 1. This application was reviewed as Zoning File #LA23-000023. The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the above mentioned meetings, and any and all other materials distributed at these meetings are hereby incorporated by reference. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7381 2 2. The Property is located in the LR-1C One Family Lakeshore Residential Zoning District. 3. The Property contains 23,247 square feet in area and has a defined lot width of 75.14 feet at the 75- foot lakeshore setback and a lot width of 75.14 feet at the OHWL. 4. The Property is within Tier 1 and hardcover is limited to 25 % according to the Stormwater Quality Overlay District. 5. Applicant has applied for the following variances: a. 75 foot Lakeshore Setback 6. In considering this application for variances, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed variances upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. ANALYSIS: 1. “Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance . . . .” Preserving and protecting existing trees in the lake yard is in harmony with the intent of the ordinance. This criterion is met. 2. “Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan.” The proposed retaining walls will continue to maintain the integrity of the slope and protect the existing tree. The proposal is consistent with the comprehensive plan. This criterion is met. 3. “Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. ‘Practical difficulties,’ as used in connection with the granting of a variance, means that: a. The property owner in question proposes to use the property in a reasonable manner, however, the proposed use is not permitted by the official controls. The owner has proposed retaining walls to protect the existing tree. The existing failing walls are not the result of actions by the owner. This criterion is met. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7381 3 The existing house and deck were not constructed by the current property owners. The applicant is requesting the average lakeshore setback variance to expand the existing deck for better use and fit for the current family’s needs; and c. The variance, if granted, will not alter the essential character of the locality.” There are existing retaining walls in the lake yard. The variance to permit the expanded retaining wall structure within the 75-foot lake setback will preserve the existing tree and character of the area. This criterion is met. 4. “Economic considerations alone do not constitute practical difficulties.” Economic considerations have not been a factor in the variance approval determination. 5. “Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter 78.” This condition is not applicable. 6. “The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located.” This condition is not applicable, as a residential use is a permitted use in the LR-1C District. 7. “The board or council may permit as a variance the temporary use of a one-family dwelling as a two- family dwelling.” This condition is not applicable. 8. “The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property.” The slope of the property combined and condition of the existing improvements are unique conditions affecting the subject property. This criterion is met. 9. “The conditions do not apply generally to other land or structures in the district in which the land is located.” The failing timber wall configuration, and the existing tree create conditions which do not apply to all of the adjacent properties. This criterion is met. 10. “The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.” Granting a setback variance to allow the retaining walls within the 75- foot lake setback to be reconstructed with an expanded footprint is reasonable, is a better solution long- term, and is necessary to preserve the rights of the owner and neighboring property. The variance is supported by practical difficulty. This criterion is met. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7381 4 11. “The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter.” Granting the lake yard setback variance allowing the retaining walls within the 75-foot lake setback will not adversely impact health, safety, comfort or morals, or in any way be contrary to the ordinances. This criterion is met. 12. “The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty.” The proposed walls within the lake yard will continue to preserve the integrity of the slope and existing tree. Preserving the existing tree is necessary and not merely a convenience. This criterion is met. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants a variance from Orono Municipal Zoning Code Sections 78-1279 to allow the reconstruction of an existing retaining wall with a new material roughly 8 feet from the OHWL of Lake Minnetonka. subject to the following conditions: 1. Council approval is based on the entire record, above Findings. 2. The approved project shall conform to the attached site plan and building plans submitted by the Applicant and annotated by City staff (hereinafter the “Plans”), attached to this Resolution as Exhibits A. 3. Additional screening of the walls be implemented to preserve the natural vegetated view from the lake where feasible. 4. All work must be contained to the subject property. Permission must be submitted with the building permit from the abutting property owner if any construction or grading work is proposed outside of the property boundary. 5. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. 6. Authorities granted by this resolution run with the Property not with the Applicants, but are permissive only and must be exercised by obtaining a building permit for the new construction and commencing construction of said project. A framing inspection must be completed within one year of the date of Council approval, or the variance will expire on that date (July 10, 2024). CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7381 5 7. Violation of or non-compliance with any of the terms and conditions of this resolution may result in the termination of any authority granted herein. ADOPTED by the Orono City Council on this 10th day of July, 2023. ATTEST: CITY OF ORONO: _______________________________ ________________________________ Anna Carlson, City Clerk Dennis Walsh, Mayor LA23-000023 Res. No. 7381 Exhibit A E02 TOW 937.50' BOW 935.00' REMOVE TIMBERS BOULDER OUTCROPS LONGVAL RESIDENCE 1856 SHADYWOOD RD ORONO, MN 55392 327 Marschall Road STE 365Shakopee, MN 55379(952) 496-3105WWW.MNGREEN.COM1" = 4'PLAN INFORMATION BR05/01/20220922108VARIANCE REQUEST PLAN Notes 1. 2. 3. 4. WALLS 5' FROM O.H.W. LINE EXSITING OAK TREE ADJUST GRADE OUT MINIMAL AMOUNT ORDINARY HIGH WATER LINE 1 2 3 4 Council Exhibit B E02 TOW 937.50' BOW 935.00' REMOVE TIMBERS BOULDER OUTCROPS LONGVAL RESIDENCE 1856 SHADYWOOD RD ORONO, MN 55392 327 Marschall Road STE 365Shakopee, MN 55379(952) 496-3105WWW.MNGREEN.COM1" = 4'PLAN INFORMATION BR05/01/20220922108VARIANCE REQUEST PLAN Notes 1. 2. 3. 4. WALLS 5' FROM O.H.W. LINE EXSITING OAK TREE ADJUST GRADE OUT MINIMAL AMOUNT ORDINARY HIGH WATER LINE 1 2 3 4 MINUTES OF THE ORONO PLANNING COMMISSION June 20, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 3 of 8 Erickson said he was concerned about the increase of height in the 75-foot setback. He said the City has been consistent about that. Libby suggested the commission provide feedback instead of an approval or denial but said there were too many elements to focus on just one. Kraemer moved, Schultze seconded, to approve LA22-000064 Lebrisia Iversen, 4448 North Shore Drive, variance requests. VOTE: Ayes: 3, Nays 2 (Libby and Erickson). 2. LA23-000022 MICHAEL CLARK, 565 LEAF STREET, REQUESTS A VARIANCE FOR THE PLACEMENT OF A NEW ACCESSORY BUILDING STREETWARD OF THE PRINCIPAL BUILDING. City Planner Nye provided information stating the applicant is proposing to construct a new accessory building to be used as a garage and an accessory dwelling unit streetward of the principal building. Accessory buildings are required to be placed to the rear of the principal building or home so a variance for the placement of the new building is being requested. The existing home is placed towards the rear of the property which limits the ability to construct an accessory building in a compliant location, she said. There are also topographical limitations that do not allow for the expansion of the existing attached garage. The new accessory building meets all other building setbacks, hardcover and lot coverage requirements, Nye said. Staff recommends approval of the variance request as applied with the addition of one condition that all accessory dwelling unit ADU performance standards must be met, including a covenant, which should be executed at the time of building permit. The applicant’s architect or contractor was present and available for any questions. Acting Chair Ressler opened the public hearing at 6:48 p.m. There were no public comments. Acting Chair Ressler closed the public hearing at 6:48 p.m. Schultze asked about the accessory dwelling unit on the second floor. Nye said the first floor would be a garage and the second would have a bathroom and some living space. The applicant would have to execute a covenant when they take out the building permit stating they would not rent it out. Erickson moved, Libby seconded, to approve LA23-000022 565 Leaf Street, variance request conditional that all ADU performance standards must be met including a covenant. VOTE: Ayes: 5, Nays 0. 3. LA23-000023 BOB RENAUD WITH MINNESOTA GREEN, 1856 SHADYWOOD ROAD, REQUESTS A 75’ LAKE SETBACK VARIANCE. City Planner Nye said the applicant is requesting a setback variance to replace a retaining wall within the 75-foot Lakeshore setback. The proposal is to replace a failing timber retaining wall that is supporting a large tree with a boulder wall. The change in material requires the application for a variance. The MINUTES OF THE ORONO PLANNING COMMISSION June 20, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 4 of 8 neighbor supports the application. Staff recommends approval with the conditions to require screening of the newer retaining wall where feasible in order to preserve the natural vegetated view from the lake and that all work to construct the walls be contained on the subject property. Or if that's not possible, that written permission is submitted with the building permit from the abutting neighbor at 1860 Shadywood Road for any construction or grading work that occurs outside of the property boundary. Bob Renaud, MN Green Landscaping, 327 Marschall Road, Shakopee, reiterated that the main goal was to save the tree and build a wall that will last longer than the current one. Libby asked about past dumping by the wall. Renaud said there was no contamination. What was dumped was yard waste that was organic material that eventually rotted through the timber wall. He said the tree was a red oak and they would not be excavating around the roots but simply removing the old wall. Acting Chair Ressler opened the public hearing at 6:57 p.m. There were no public comments. Acting Chair Ressler closed the public hearing at 6:57 p.m. Ressler said staff had done a good job and the goal of preserving the tree before it was too late for mitigation would be something that most would support. Libby asked about erosion barriers. City Planner Oakden said those would be required as part of the permitting process. Erickson commented that boulders are natural so perhaps a high level of screening is not necessary. Kraemer moved, Schultze seconded, to approve LA23-000023 Bob Renaud, Minnesota Green, 1856 Shadywood Road, request for A 75’ lake setback variance with the conditions set by staff. VOTE: Ayes: 5, Nays 0. 4. LA23-000024 SARAH & KEVIN REVERING, 1960 FOX RIDGE ROAD, REQUEST A FRONT YARD SETBACK VARIANCE FOR AN ADDITION. City Planner Curtis gave a presentation on the item, stating the applicants are proposing a small 350 square foot garage addition on the west side of the home connecting to the existing attached garage and accessible to the existing driveway. The property is a corner lot situated on Brown Road South and Fox Ridge Road. The existing home is set back 56.9 feet from Brown Road. The garage addition on that side would result in a 46-foot setback because the home is angled with respect to the property line, she said. That small portion of the addition would require a front setback variance. Practical difficulties include a wetland and a septic treatment area on a portion of the lot making that part unbuildable. No public comment has been received. Staff recommends approval of the variances. Date Application Received: 05/15/2023 Date Application Considered as Complete: 05/19/2023 60-Day Review Period Expires: 07/18/2023 To: Chair Bolis and Planning Commission Members Adam Edwards, City Administrator From: Natalie Nye, Planner Date: June 20, 2023 Subject: #LA23-000023, Bob Renaud with Minnesota Green o/b/o Brent Longval, 1856 Shadywood Road - Variance, Public Hearing Background The subject property has an existing, aging timber wall supporting an oak tree within the 75-foot lake setback. This tree is located along the property line between the subject property and the neighbor to the south, 1860 Shadywood Road. The timber wall is failing due to rot and the applicant has proposed a new boulder wall in a similar footprint and height in order to continue supporting the large tree. Due to the change in wall materials the wall is not an in-kind replacement a setback variance is required. Practical Difficulties Analysis Applicant Submittal Information: The applicant has identified the failing retaining wall and protection of the existing tree as practical difficulties supporting the requested variance. Additionally, they have provided supporting documentation regarding Practical Difficulties attached as Exhibit B, and should be asked for additional testimony regarding the application. Planning Staff Practical Difficulty Analysis: Staff finds the existing condition of the retaining walls as practical difficulties which support the variance request. The new retaining walls would support and protect the existing tree serving both the subject property and the neighboring property. Vegetative screening should be provided to preserve the natural vegetated view from the lake. Additionally, due to the location of the wall written permission from the abutting property owner must be submitted with the permit if any construction or grading work is outside of the property boundaries. LOT ANALYSIS WORKSHEET Section 78-1279 – Setbacks: The existing timber retaining walls support a large oak tree along the southern property line. The wall is located approximately 8 feet from the OHWL and roughly 3 feet tall. The proposed retaining wall replacement will consist of boulder outcrop walls and will be in a similar location, maintaining the approximate 8-foot setback from the OHWL. No retaining walls are permitted Application Summary: The applicant is requesting approval of a lake setback variance in order to reconstruct a retaining wall in the lake yard with different wall materials. Staff Recommendation: Planning Department Staff recommends approval. FILE #LA23-000023 June 20, 2023 Page 2 of 4 within the 75-foot lakeshore setback and therefore a setback is required. Section 78-1680 and 78-1700 – Hardcover Calculations: Retaining walls are exempt from hardcover totals for the property. Retaining walls are excluded from the hardcover calculations. Applicable Regulations: Lake Setback Variance (Section 78-1279) Retaining walls are not permitted within 75 feet of the lake, in order to replace the existing wall system, with a slightly expanded footprint and a different material a setback variance has been requested. Governing Regulation: Variance (Section 78-123) In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. §216C.06, subd. 14, when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. According to MN §462.357 Subd. 6(2) variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance. Preserving and protecting existing trees in the lake yard is in harmony with the intent of the ordinance. 2. The variance is consistent with the comprehensive plan. The proposed retaining walls will continue to maintain the integrity of the slope and protect the existing tree. The proposal is consistent with the comprehensive plan. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The owner proposes to install retaining wall improvements which are residential in nature and reasonable from a residential scope. b. There are circumstances unique to the property not created by the landowner; The owner has proposed retaining walls to protect the existing tree. The existing failing walls are not the result of actions by the owner; and c. The variance will not alter the essential character of the locality. There are existing retaining walls in the lake yard. The variance to permit the expanded retaining wall structure within the 75-foot lake setback will preserve the existing tree and character of the area. FILE #LA23-000023 June 20, 2023 Page 3 of 4 Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination. 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 17, when in harmony with Orono City Code Chapter 78. This condition is not applicable. 6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located. This condition is not applicable, as residential improvements are permitted to support a residential use in the LR-1C District. 7. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. This condition is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The slope of the property combined and condition of the existing improvements are unique conditions affecting the subject property. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The failing timber wall configuration, and the existing tree create conditions which do not apply to all of the adjacent properties. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Granting a setback variance to allow the retaining walls within the 75-foot lake setback to be reconstructed with an expanded footprint is reasonable, is a better solution long-term, and is necessary to preserve the rights of the owner and neighboring property. The variance is supported by practical difficulty. 11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. Granting the lake yard setback variance allowing the retaining walls within the 75-foot lake setback will not adversely impact health, safety, comfort or morals, or in any way be contrary to the ordinances. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The proposed walls within the lake yard will continue to preserve the integrity of the slope and existing tree. Preserving the existing tree is necessary and not merely a convenience. The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Public Comments A neighbor acknowledgement form has been submitted from the neighbor to the south at 1860 Shadywood Road in support of the project. No other public comments have been received. Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to use the FILE #LA23-000023 June 20, 2023 Page 4 of 4 property in a reasonable manner which is not permitted by an official control? 2. Does the Planning Commission find that the variance (s), if granted, will not alter the essenti al character of the neighborhood? 3. Does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested variance(s)? 4. Are there any other issues or concerns with this application? Planning Staff Recommendation Planning Staff recommends approval of the lake setback variance for the improvements as proposed with the following conditions: 1. Additional screening of the walls be implemented to preserve the natural vegetated view from the lake where feasible. 2. All work must be contained to within the subject property. Permission must be submitted with the permit from the abutting property owners if any construction or grading work is proposed outside of the property boundary. List of Exhibits Exhibit A. Application Exhibit B. Practical Difficulties Documentation Form Exhibit C. Narrative Exhibit D. Survey Exhibit E. Neighbor Acknowledgment Form Exhibit F. Address List & Map AGENDA ITEM Prepared By: mcc Reviewed By: LLO Approved By: RJO 1. Purpose. This application is regarding a front yard setback variance for a 350 square foot garage addition. 2. MN§15.99 Application Deadline. The application was received on May 16, 2023 and considered to be complete on May 17. Therefore the 60-Day review period expires on July 16, 2023. 3. Background/ Summary. The applicants’ property is a corner lot, situated on Brown Road South and Fox Ridge Road. The existing home is set back 56.9 feet from the front lot line (Brown Road South). The applicants have proposed a 14’ x 25’ garage addition on the Brown Road side. A small portion of the addition will require a front yard setback variance to allow a setback 46 feet from the front property line where a 50-foot setback is required. 4. Variance Description. The garage addition is proposed in a location which will be accessible to the existing driveway and garage. The existing home is angled on the property toward the corner of Brown Road and Fox Ridge Road; a wetland in the southeast corner of the property and the septic system area limit locations to construct a functional garage addition. There is mature screening along Brown Road. The driveway and home’s orientation to the neighborhood road (Fox Ridge Road) results in Fox Ridge Road being perceived as the front. 5. Planning Commission Vote and Comment. On June 20th the Planning Commission held a public hearing. Following the public hearing, the Planning Commission discussed the practical difficulties resulting from the location of the wetland and septic infrastructure on a corner lot and voted 5 to 0 on a motion to approve the requested variance. 6. Public Comment. Neighbor acknowledgements were submitted, however no comments from the public were received. 7. Staff Recommendation. Planning Staff recommends approval. COUNCIL ACTION REQUESTED Move to adopt Resolution No. 7382 attached as Exhibit A. Exhibits A. Proposed Resolution No. 7382 B. Proposed Plans C. Draft PC Minutes 06/20/2023 D. PC Staff Report 06/20/2023 References PC Exhibits 06/20/2023 A. Application B. Practical Difficulties Documentation Form C. Existing & Proposed Survey/Site Plan Item No.: 10 Date: July 10, 2023 Item Description: LA23-000024, Sarah & Kevin Revering, 1960 Fox Ridge Road, Variance – Resolution No. 7382 Presenter: Melanie Curtis Planner Agenda Section: Consent Agenda AGENDA ITEM Prepared By: mcc Reviewed By: LLO Approved By: RJO D. Proposed Plans and Elevations E. Aerial Photos F. Septic Information G. Property Owners List H. Plat Map CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7382 1 A RESOLUTION APPROVING A VARIANCE FROM MUNICIPAL ZONING CODE SECTION 78-420 FILE NO. LA23-000024 WHEREAS, on May 16, 2023, Kevin Revering and Sarah Revering, a married couple, (hereinafter the “Applicants”), applied for a variance from the City Code for the property addressed 1960 Fox Ridge Road and legally described as: Lot 7, Block 1, Fox Ridge, Hennepin County, Minnesota (hereinafter the “Property”); WHEREAS, the Applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-420 to allow construction of a home addition 46 feet from the front property line where a 50-foot setback is required and a 56.9 foot setback currently exists; and WHEREAS, on June 20, 2023, after published and mailed notice in accordance with Minnesota Statutes and the City Code, the Planning Commission held a public hearing, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, on June 20, 2023, the Planning Commission recommended approval of the variance; and WHEREAS, on July 10, 2023 the City Council reviewed the application and the recommendations of the Planning Commission and City staff; NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves the requested variance as described above based on one or more of the following findings of fact concerning the Property: FINDINGS OF FACT: A1. The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the above-mentioned meetings, and any and all other materials distributed at these meetings are hereby incorporated by reference. A2. The Property is located in the RR-1B, Single Family Rural Residential Zoning District. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7382 2 A3. The Property contains 1.0 acres in area and has a defined lot width of 185 feet. A4. The Property is legally nonconforming as it was platted prior to the current zoning standards. A5. Applicants have applied for a front yard setback variance. A6. In considering this application for variance, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. ANALYSIS: B1. “Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance . . . .” The proposed 46-foot setback for the garage addition is in keeping with the character of the neighborhood as Brown Road functions as a side street. The Property has a limited buildable area due to the wetland, septic system location, and substandard size. The requested variance is in harmony with the ordinance. B2. “Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan.” The scale and type of variance proposed to construct a garage addition within the front setback does not impact adjacent properties, will be screened by vegetation, and is consistent with the comprehensive plan. B3. “Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. ‘Practical difficulties,’ as used in connection with the granting of a variance, means that: a. The property owner in question proposes to use the property in a reasonable manner, however, the proposed use is not permitted by the official controls. The request to permit a small, approximately 21 square foot portion of the garage addition within the required front setback appears to be reasonable as the Property’s reduced buildable area and orientation with respect to the roadways creates difficulties. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The home’s location and orientation with respect to the wetland, Brown and Fox Run Roads are not the result of the homeowners’ actions; and CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7382 3 c. The variance, if granted, will not alter the essential character of the locality.” The home addition with a 46-foot setback from the Brown Road property line will be screened by existing vegetation. The project will not alter the character of the area. B4. “Economic considerations alone do not constitute practical difficulties.” Economic considerations have not been a factor in the variance approval determination. B5. “Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter 78.” This condition is not applicable. B6. “The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located.” This condition is not applicable, as residential building improvements are allowed in the RR-1B District. B7. “The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling.” This condition is not applicable. B8. “The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property.” The Property’s substandard size and buildable area, wetland impacts, septic system location, and existing conditions create difficulties which are particular to the Property. The proposed setback is not out of character. B9. “The conditions do not apply generally to other land or structures in the district in which the land is located.” While many of the adjacent properties on Fox Run Road are similarly sized, the Property’s substandard buildable area, wetland impacts, orientation as a corner lot, septic system location, and existing conditions create difficulties which are particular to the Property. B10. “The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.” Staff finds that granting the requested variance preserves a substantial property right of the homeowners. B11. “The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter.” Staff finds this criterion is met. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7382 4 B12. “The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty.” Granting the requested variance will alleviate difficulties due to the Property’s substandard buildable area, wetland impacts, septic system location, and existing conditions. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-420 to allow construction of a home addition 46 feet from the front lot line (Brown Road South) where a 50-foot setback is required; subject to the following conditions: C1. Council approval is based on the entire record, above Findings. C2. The approved project shall conform to the annotated site plan and building plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibits A & B. C3. An updated certificate of survey showing the proposed addition and other proposed changes to the property shall be submitted for the administrative Building Permit required for this project. C4. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. C5. Authorities granted by this resolution run with the Property not with the Applicants, but are permissive only and must be exercised by obtaining a building permit for the new construction and commencing construction of said project. A building permit must be obtained within one year of the date of Council approval, or the variance will expire on that date (July 10, 2024). C6. Violation of or non-compliance with any of the terms and conditions of this resolution may result in the termination of any authority granted herein. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7382 5 ADOPTED by the Orono City Council on this 10th day of July, 2023. CITY OF ORONO: ________________________________ Dennis Walsh, Mayor ATTEST: _______________________________ Anna Carlson, City Clerk 50.01 ft 30.01ft14' 25' 46.00 ft 185.255ft 5AR1R3 MINUTES OF THE ORONO PLANNING COMMISSION June 20, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ 4. LA23-000024 SARAH & KEVIN REVERING, 1960 FOX RIDGE ROAD, REQUEST A FRONT YARD SETBACK VARIANCE FOR AN ADDITION. City Planner Curtis gave a presentation on the item, stating the applicants are proposing a small 350 square foot garage addition on the west side of the home connecting to the existing attached garage and accessible to the existing driveway. The property is a corner lot situated on Brown Road South and Fox Ridge Road. The existing home is set back 56.9 feet from Brown Road. The garage addition on that side would result in a 46-foot setback because the home is angled with respect to the property line, she said. That small portion of the addition would require a front setback variance. Practical difficulties include a wetland and a septic treatment area on a portion of the lot making that part unbuildable. No public comment has been received. Staff recommends approval of the variances. Sarah and Kevin Revering, 1960 Fox Ridge Road, the applicants, also pointed out that it is difficult to locate anything on the lot because of the wetland and septic culvert. They said they had spoken to all their neighbors and no one voiced any objection to the plan. Acting Chair Ressler opened the public hearing at 7:07 p.m. There were no public comments. Acting Chair Ressler closed the public hearing at 7:07p.m. The Commissioners discussed the item. Ressler said, again the problem was the building envelope and the positioning of the property, adding there doesn’t seem to be anywhere else for this to go. Kraemer also said it looked like a good addition. Schultze said he appreciated the effort to go back as far as they could with the addition. Kraemer moved, Schultze seconded, to approve LA23-000024, 1960 Fox Ridge Road, request for front yard setback variance for an addition. VOTE: Ayes: 5, Nays 0. Date Application Received: 05/16/2023 Date Application Considered as Complete: 05/17/2023 60-Day Review Period Expires: 07/16/2023 To: Chair Bollis and Planning Commission Members Adam Edwards, City Administrator From: Melanie Curtis, Planner mcc Date: 20 June 2023 Subject: #LA23-000024, Sarah & Kevin Revering, 1960 Fox Ridge Rd, Variance Public Hearing Background The applicants’ property is a corner lot situated on Brown Road South and Fox Ridge Road. The shorter frontage is along Brown Road South making Brown the “front” for setback purposes. The existing home is set back 56.9 feet from Brown Road. The applicants have proposed a 14’ x 25’ garage addition on the Brown Road side. Because the home is angled with respect to the property line, a small portion of the addition will require a front yard setback variance to allow a setback 46 feet from the front property line where a 50-foot setback is required. Practical Difficulties Analysis Applicant Submittal Information: The applicant has identified the existing home location, the wetland on the eastern portion of the property and the corner lot configuration as practical difficulties supporting the requested variance(s). Additionally, they have provided supporting documentation regarding Practical Difficulties attached as Exhibit B, and should be asked for additional testimony regarding the application. Planning Staff Practical Difficulty Analysis: Regarding practical difficulty, Staff agrees that there are site constraints creating difficulties for siting a conforming location for the addition which will also be functional. The wetland, existing septic treatment area, the corner lot orientation, and location/angle of the home are practical difficulties supporting the variance request. LOT ANALYSIS WORKSHEET Section 78-420 – Setbacks: RR-1B Required Existing Proposed Front 50’ 56.9’ 46’ Rear 50’ 96’ NC Side Street 30’ 33.6’ NC Side (south lot line) 30’ 83’ NC Wetland 25’ or MCWD buffer Approximately 52 feet as measured by Staff on the Hennepin County Aerial Map NC Application Summary: The applicant is requesting a front yard setback variance in order to construct a 14’x25’ addition to the existing attached garage. Staff Recommendation: Planning Department Staff recommends approval. FILE #LA23-000024 20 June 2023 Page 2 of 4 Section 78-420 – Lot Area/Width: RR-1B Lot Area Lot Width Required 87,120 s.f. (2.0 acres) 200’ Actual 45,141 s.f. (1.0 acre) 185’ Section 78-1403 – Structural Building Coverage: Total Lot Area Total Structural Coverage 45,141 s.f. (1.0 acre) Allowed: 9,028 s.f. (20%) Existing: ±3,600 s.f. (8%)* Proposed: ±3,950 s.f. (8.7%) *Staff calculated using aerial photo and 1991 survey. Applicable Regulations: Front Yard Setback Variance (City Code Section 78-420) The applicants are proposing a small, 350 square foot garage addition. The garage addition is proposed in a location connecting to the existing, attached garage and will be accessible to the existing driveway. The property was platted in 1962 and predates our current zoning regulations for the area. The property is legally nonconforming with respect to area and width for the RR-1B zoning district. The existing home is angled on the property toward the corner of Brown and Fox Ridge; there is a wetland in the southeast corner of the property and the septic system area limit locations to construct a functional garage addition. The mature screening on the Brown Road side of the property and the driveway and home’s orientation to the neighborhood road (Fox Ridge Road) results in Fox Ridge Road being perceived as the front. Governing Regulation: Variance (Section 78-123) In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. §216C.06, subd. 14, when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. According to MN §462.357 Subd. 6(2) variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance. The proposed 46-foot setback for the garage addition is in keeping with the character of the neighborhood as Brown Road functions as a side street. The property has a limited buildable area due to the wetland and substandard size. The requested variance is in FILE #LA23-000024 20 June 2023 Page 3 of 4 harmony with the ordinance. 2. The variance is consistent with the comprehensive plan. The scale and type of variance proposed to construct a garage addition within the front setback does not impact adjacent properties, will be screened by vegetation, and is consistent with the comprehensive plan. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The request to permit a small, approximately 21 square foot portion of the garage addition within the required front setback appears to be reasonable as the property’s reduced buildable area and orientation with respect to the roadways creates difficulties. b. There are circumstances unique to the property not created by the landowner; The home’s location and orientation with respect to the wetland, Brown and Fox Run Roads are not the result of the homeowner’s actions; and c. The variance will not alter the essential character of the locality. The home addition with a 46-foot setback from the Brown Road property line will be screened by existing vegetation. The project will not alter the character of the area. Additionally, City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination. 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 17, when in harmony with Orono City Code Chapter 78. This condition is not applicable. 6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located. This condition is not applicable, as residential building improvements are allowed in the RR-1B District. 7. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. This condition is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The property’s substandard size and buildable area, wetland impacts, septic system location, and existing conditions create difficulties which are particular to the property. The proposed setback is not out of character. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. While many of the adjacent properties on Fox Run Road are similarly sized, the property’s substandard buildable area, wetland impacts, orientation as a corner lot, septic system location, and existing conditions create difficulties which are particular to the property. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Staff finds that granting the requested variance preserves a substantial property right of the homeowners. 11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. Staff finds this criterion is met. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. Granting the requested variance will FILE #LA23-000024 20 June 2023 Page 4 of 4 alleviate difficulties due to the property’s substandard buildable area, wetland impacts, septic system location, and existing conditions. The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Public Comments To date, no public comments have been received. Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? 2. Does the Planning Commission find that the variance(s), if granted, will not alter the essential character of the neighborhood? 3. Does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested variance(s)? 4. Are there any other issues or concerns with this application? Planning Staff Recommendation Planning Staff recommends approval. List of Exhibits Exhibit A. Application Exhibit B. Practical Difficulties Documentation Form Exhibit C. Existing & Proposed Survey/Site Plan Exhibit D. Proposed Plans and Elevations Exhibit E. Aerial Photos Exhibit F. Septic Information Exhibit G. Property Owners List Exhibit H. Plat Map AGENDA ITEM Prepared By: mcc Reviewed By: LLO Approved By: RJO 1. Purpose. This application is regarding variances to redevelop the property with a new home. 2. MN§15.99 Application Deadline. The application was received on May 17, 2023 and considered to be complete on May 26th. Therefore the 60-Day review period expires on July 25th, 2023. 3. Background/ Summary. The applicants are proposing to demolish the existing home and construct a new home on the property. Due to the extreme 75-foot setback from the creek, the home will be situated in the northernmost portion on the lot. The applicant is proposing a two-story home with a full basement. The property is nonconforming to size with 19,604 square feet (0.45 acres) within the LR-1A zoning district where there is a two-acre minimum lot area requirement. The small lot size and the substantial impact the 75-foot creek setback has on the property results in the need for the requested variances. 4. Variance Description. The project requires the following variances: a) A front yard setback variance to permit a 27-foot front setback where a 50-foot setback is required; b) A side yard setback variance to permit a 10-foot side yard setback from the north, side lot line where a 30-foot setback is required; c) A rear yard setback variance to permit a 34.7’ rear setback where a 50-foot setback is required; d) A 75-foot creek setback variance to permit building improvements within the 75-foot setback; e) A hardcover variance to permit hardcover within the 75-foot creek setback; and f) A lot area variance. Many of the homes in the immediate neighborhood are nonconforming with respect to area and/or width and have nonconforming setbacks due to the small lot sizes. Staff finds there are several contributing factors to the extremely small 132 square foot building envelope, all of which result in an almost unbuildable lot. The required 75-foot creek setback, the 50-foot front and rear setbacks, combined with the 30-foot side setback are all practical difficulties which support variances for this property. The property owners designed the improvements to be sensitive to the scale of the neighborhood, the creek and attempted to maintain a similar setback from the creek as the existing home location. 5. Planning Commission Vote and Comment. On June 20th the Planning Commission held a public hearing. Following the public hearing, the Planning Commission discussed the existing conditions and challenges impacting the property and voted 5 to 0 in support of a motion for approval of the requested variances. 6. Public Comment. Neighbor acknowledgments were submitted but no comments from the public were received. 7. Staff Recommendation. Planning Staff recommends approval. COUNCIL ACTION REQUESTED Move to adopt Resolution No. 7383 attached as Exhibit A. Item No.: 11 Date: July 10, 2023 Item Description: LA23-000028 – Loren & Julia Parks, 350 Crestview Avenue Variances – Resolution No. 7383 Presenter: Melanie Curtis Planner Agenda Section: Consent Agenda AGENDA ITEM Prepared By: mcc Reviewed By: LLO Approved By: RJO Exhibits A. Proposed Resolution No. 7383 B. Proposed Plans C. Draft PC Minutes 06/20/2023 D. PC Staff Report 06/20/2023 References PC Exhibits 06/20/2023 A. Application & Narrative B. Practical Difficulties Documentation Form C. Existing Survey D. Proposed Survey/Site Plan E. Proposed Plans and Elevations F. Hardcover Calculations G. Aerial Photos H. Resolution 5078 I. Adjacent Property Owners List & Acknowledgments J. Plat Map CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7383 1 A RESOLUTION APPROVING VARIANCES FROM MUNICIPAL ZONING CODE SECTIONS 78-305; 78-1279; 78-1288; 78-1680; and 78-1700 FILE NO. LA23-000028 WHEREAS, on May 17, 2023, Loren Parks and Julia Parks, a married couple, (hereinafter the “Applicants”), applied for variances from the City Code for the property addressed 350 Crestview Avenue and legally described as: Lots 6, 7, 8, and that part of Lot 5 lying South of the North 40 feet thereof, Block 6, BAYSIDE ADDITION TO LAKE MINNETONKA, Hennepin County, Minnesota (hereinafter the “Property”); WHEREAS, the Applicants have made application to the City of Orono for variances to Orono Municipal Zoning Code Section 78-305 for a lot area variance to allow redevelopment of a substandard property; a front yard setback variance to permit a 27-foot front setback where a 50-foot setback is required; a side yard setback variance to permit a 10-foot side yard setback from the north, side lot line where a 30-foot setback is required; and a rear yard setback variance to permit a 34.7’ rear setback where a 50-foot setback is required; WHEREAS, the Applicants have made application to the City of Orono for variances to Orono Municipal Zoning Code Section 78-1279 to allow a 39-foot setback from the creek for the home where a 75-foot setback is required; WHEREAS, the Applicants have made application to the City of Orono for variances to Orono Municipal Zoning Code Sections 78-1680 and 78-1700 to allow hardcover within the 75- foot creek setback; and WHEREAS, on June 20, 2023, after published and mailed notice in accordance with Minnesota Statutes and the City Code, the Planning Commission held a public hearing, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, on June 20, 2023, the Planning Commission recommended approval of the variances; and WHEREAS, on July 10, 2023 the City Council reviewed the application and the recommendations of the Planning Commission and City staff; and CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7383 2 NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves the requested variances as described above based on one or more of the following findings of fact concerning the Property: FINDINGS OF FACT: A1. The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the above-mentioned meetings, and any and all other materials distributed at these meetings are hereby incorporated by reference. A2. The Property is located in the LR-1A One Family Lakeshore Residential Zoning District. A3. The Property contains 0.45 acres in area and has a defined lot width of 202’ feet. A4. The Property is within Tier 1 and hardcover is limited to 25% according to the Stormwater Quality Overlay District. A5. Applicants have applied for the following variances: a) A front yard setback variance; b) A side yard setback variance; c) A rear yard setback variance; d) A 75-foot creek setback variance; e) A hardcover variance to permit hardcover within the 75-foot creek setback; and f) A lot area variance. A6. In considering this application for variances, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. ANALYSIS: B1. “Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance . . . .” The applicants are proposing to construct a new single- family home on a residential lot which is consistent with the intent of the Ordinance. The lot area variance is consistent with the general intent of the Ordinance. The variances requested for creek setback, front, side, and rear yard setbacks are reasonable considering extremely limited buildable area of the Property. The hardcover variance is also necessary due to the extreme creek setback. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7383 3 B2. “Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan.” The variances supporting a new single-family residence in a residential zone are consistent with the Comprehensive Plan. B3. “Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. ‘Practical difficulties,’ as used in connection with the granting of a variance, means that: a. The property owner in question proposes to use the property in a reasonable manner, however, the proposed use is not permitted by the official controls. The Applicants are proposing to use the Property in a reasonable manner with the construction of a single-family home. There is no conforming space to construct a reasonably sized conforming home on the site. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The Applicants did not create the difficulties on the Property; c. The variance, if granted, will not alter the essential character of the locality.” The proposed development will not adversely impact the character of the neighborhood. B4. “Economic considerations alone do not constitute practical difficulties.” Economic considerations have not been a factor in the variance approval determination. B5. “Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter 78.” This condition is not applicable. B6. “The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located.” This condition is not applicable, as a residential home is an allowed use in the LR-1A District. B7. “The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling.” This condition is not applicable. B8. “The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property.” The proximity to and impact of Stubbs Bay Creek on the Property is unique to the Property. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7383 4 B9. “The conditions do not apply generally to other land or structures in the district in which the land is located.” The challenge of the substandard lot size within the 2-acre zoning district is shared by the immediate neighborhood, however is unique within the LR-1A zoning district. B10. “The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.” The legal buildable area of the lot is only 0.6% of the total lot area. Without variances the Property is unbuildable. The variances are necessary for the preservation and enjoyment of the Applicants. B11. “The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter.” Granting of the requested variances would not impair health, safety, comfort or morals and would be in keeping with the intent of the zoning code. B12. “The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty.” Due to the extreme applied setbacks affecting the property, the variances are necessary and are not merely for convenience. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-305 for a lot area variance to allow redevelopment of a substandard property; a front yard setback variance to permit a 27-foot front setback where a 50-foot setback is required; a side yard setback variance to permit a 10-foot side yard setback from the north, side lot line where a 30-foot setback is required; and a rear yard setback variance to permit a 34.7’ rear setback where a 50-foot setback is required; variances from Section 78-1279 to allow a 39-foot setback from the creek for the home where a 75-foot setback is required; and variances from Sections 78-1680 and 78-1700 to allow hardcover within the 75-foot creek supporting a new single-family home on the Property; subject to the following conditions: C1. Council approval is based on the entire record, above Findings. C2. The approved project shall conform to the survey by Otto Associates dated 05/25/2023 and building plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibits A & B. C3. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7383 5 C4. Authorities granted by this resolution run with the Property not with the Applicants, but are permissive only and must be exercised by obtaining a building permit for the new construction and commencing construction of said project. A building permit must be obtained within one year of the date of Council approval, or the variance will expire on that date (July 10, 2024). C5. Violation of or non-compliance with any of the terms and conditions of this resolution may result in the termination of any authority granted herein. ADOPTED by the Orono City Council on this 10th day of July, 2023. 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28CL9SHOWER10BATH11160160160160004003002005001009008008.10100113A63A64A64A67' - 1 7/8"4' - 7 7/8"8' - 8 1/4"3' - 0"15' - 3 1/4"11' - 2 1/4"11' - 2 1/8"18' - 6 1/8"11' - 9 3/4"3' - 5 1/2"CONC SLAB ABOVEWINDOW WELLWINDOW WELLDATE:REVISIONS:5757 WENTWORTH AV SOMINNEAPOLIS, MN. 55419P: 612-251-1041WWW.TODDKNUTSONDESIGN.COMJOB NO:SHEET NO:TODD KNUTSON DESIGNCONTRACTOR TO VERIFYALL DIMENSIONS, AS BUILTCONDITIONS (IF APPLY) ANDSITE CONDITIONS, BEFOREORDERING MATERIAL ORDEMOLISHING EXISTINGSTRUCTURES. CONTRACTORAND ALL SUBS MUST REPORTANY DISCREPANCIES TODESIGNER IMMEDIATLY. ASBUILT AND SITE CONDITIONS OFTEN HAVE UNIQUE CON-DITIONS THAT CANNOT BEPREDICTED OR FORSEEN ATDESIGN COMPLETION. CONTRACTOR, SUBS ANDDESIGNER WILL WORK TOGETHER TO REACH A SOLUTION IF ANY SITUATION MAY ARISE.TERMS:5/22/2023 9:31:20 PMA03502023-01-27350 Crestview AvLOWER FLOOR1/4" = 1'-0"A01LOWER FLOORREVISED 2023-02-07REVISED 2023-02-22REVISED 2023-03-02ISSUED 2023-03-09REVISED 2023-05-22 3' - 0"18' - 0"5' - 6"3' - 4"3' - 4"5' - 7 1/2"9' - 7"5' - 7 1/2"18' - 10 3/4"6' - 1 1/4"6' - 2"1' - 7"6' - 11 1/4"10' - 6"1' - 11 1/4"2' - 6"1' - 11 1/4"6' - 1 1/4"4' - 4"3' - 11 1/4"5' - 10 3/4"6' - 4"4' - 8"2' - 10 3/8"2' - 4 1/2"5' - 8 1/4"7' - 1"7' - 1"6' - 2"2' - 6"2' - 6"2' - 6"1A51A54' - 4"3' - 8"5' - 11"6' - 4"1' - 0"4' - 5"3' - 1 1/4"2' - 9 3/4"2' - 9 3/4"3' - 1 1/4"4' - 5"6' - 1 1/2"6' - 8 1/2"2' - 11 1/2"3' - 6 1/2"3' - 0"20' - 10"6' - 8"26' - 6"2A52A56' - 0"6' - 8"18' - 5 1/4"2' - 4 3/4"1A61A62A62A6M BEDROOM12M BATH13M CL14DEN15LAUNDRY16MUD ROOM17PDR18GARAGE19KITCHEN20DINING ROOM21FOYER22LIVING ROOM23DESK / BUFFETSOAP NICHEPLUMBINGWALL3A63A64A64A6180180180180180180180180180180180180180162162162180180168168180180180162162112115116.1116.2117118122120.2120.1120120.3119114116113115.1120.412' - 3 1/4"8' - 6 1/4"10' - 6"12' - 5 3/4"62' - 8"8' - 3 1/4"12' - 2 3/4"20' - 6"9' - 10 3/4"12' - 9 1/4"22' - 8"13' - 3"6' - 6"12' - 10"12' - 3"7' - 6 1/4"5' - 7 1/2"7' - 6 1/4"8' - 0"1' - 0"3' - 0"17' - 8"12' - 10"4' - 10"1' - 11 1/4"4' - 10 1/2"4' - 10 1/2"4' - 10 1/2"5' - 1 1/4"18' - 10 3/4"2' - 5 1/2"18' - 7 3/4"6' - 4"10' - 6"4' - 3 1/4"2' - 5 1/2"3' - 10 1/2"8' - 0 1/2"2' - 5 1/2"3' - 11 1/2"2' - 11"7' - 7"6' - 4 1/2"6' - 1 1/4"6' - 10 1/4"1' - 4 1/4"3' - 7 1/4"3' - 5 1/2"2' - 3 1/4"4' - 0"3' - 0"10' - 10 1/2"5' - 5 3/4"3' - 4 1/2"3' - 4 1/2"8' - 3 1/4"7"GIRDER TRUSS BY MANUFGIRDER TRUSS BY MANUF54' - 0"20' - 8"DATE:REVISIONS:5757 WENTWORTH AV SOMINNEAPOLIS, MN. 55419P: 612-251-1041WWW.TODDKNUTSONDESIGN.COMJOB NO:SHEET NO:TODD KNUTSON DESIGNCONTRACTOR TO VERIFYALL DIMENSIONS, AS BUILTCONDITIONS (IF APPLY) ANDSITE CONDITIONS, BEFOREORDERING MATERIAL ORDEMOLISHING EXISTINGSTRUCTURES. CONTRACTORAND ALL SUBS MUST REPORTANY DISCREPANCIES TODESIGNER IMMEDIATLY. ASBUILT AND SITE CONDITIONS OFTEN HAVE UNIQUE CON-DITIONS THAT CANNOT BEPREDICTED OR FORSEEN ATDESIGN COMPLETION. CONTRACTOR, SUBS ANDDESIGNER WILL WORK TOGETHER TO REACH A SOLUTION IF ANY SITUATION MAY ARISE.TERMS:5/22/2023 9:31:22 PMA13502023-01-27350 Crestview AvMAIN FLOOR1/4" = 1'-0"A11MAIN FLOORREVISED 2023-02-07REVISED 2023-02-22REVISED 2023-03-02ISSUED 2023-03-09REVISED 2023-05-22 1A51A52A52A522' - 8"1A61A62A62A63' - 6"8"19' - 6 1/2"10' - 2 3/4"4' - 5 1/2"5' - 9 1/4"4' - 6 3/4"18' - 1 1/4"BR 324CL25BR 426HALL27BR 528CL29BATH30STORAGE31PLAY ROOM323A63A64A64A6160160160160160182182182182182224226228229225224.1224.22302314' - 8 3/4"5' - 7 5/8"5' - 4 7/8"4' - 8 3/4"13' - 3"4' - 8 3/4"6' - 8 1/2"11' - 2"6' - 5"4' - 5 1/2"5' - 3 3/4"9' - 7"5' - 7 1/2"20' - 8"12' - 3"9' - 6 3/4"2' - 6"7' - 10 1/2"5' - 4 1/2"14' - 8 1/4"11' - 9 3/4"6' - 11"3' - 10"6' - 5 1/2"8' - 5 1/8"3' - 4 5/8"3' - 3 1/4"3' - 7 3/4"8' - 0"12' - 10"11' - 9 3/4"6' - 11"3' - 10"6' - 5 1/2"DATE:REVISIONS:5757 WENTWORTH AV SOMINNEAPOLIS, MN. 55419P: 612-251-1041WWW.TODDKNUTSONDESIGN.COMJOB NO:SHEET NO:TODD KNUTSON DESIGNCONTRACTOR TO VERIFYALL DIMENSIONS, AS BUILTCONDITIONS (IF APPLY) ANDSITE CONDITIONS, BEFOREORDERING MATERIAL ORDEMOLISHING EXISTINGSTRUCTURES. CONTRACTORAND ALL SUBS MUST REPORTANY DISCREPANCIES TODESIGNER IMMEDIATLY. ASBUILT AND SITE CONDITIONS OFTEN HAVE UNIQUE CON-DITIONS THAT CANNOT BEPREDICTED OR FORSEEN ATDESIGN COMPLETION. CONTRACTOR, SUBS ANDDESIGNER WILL WORK TOGETHER TO REACH A SOLUTION IF ANY SITUATION MAY ARISE.TERMS:5/22/2023 9:31:23 PMA23502023-01-27350 Crestview Av2ND FLOOR1/4" = 1'-0"A212ND FLOORREVISED 2023-02-07REVISED 2023-02-22REVISED 2023-03-02ISSUED 2023-03-09REVISED 2023-05-22 MAIN FLOOR0"2ND FLOOR10' -6"MAIN CEILING9' -0"2ND CEILING18' -6"GARAGE-7"1A52A6CEILING 1215' -6"9' - 7"3A6DATE:REVISIONS:5757 WENTWORTH AV SOMINNEAPOLIS, MN. 55419P: 612-251-1041WWW.TODDKNUTSONDESIGN.COMJOB NO:SHEET NO:TODD KNUTSON DESIGNCONTRACTOR TO VERIFYALL DIMENSIONS, AS BUILTCONDITIONS (IF APPLY) ANDSITE CONDITIONS, BEFOREORDERING MATERIAL ORDEMOLISHING EXISTINGSTRUCTURES. CONTRACTORAND ALL SUBS MUST REPORTANY DISCREPANCIES TODESIGNER IMMEDIATLY. ASBUILT AND SITE CONDITIONS OFTEN HAVE UNIQUE CON-DITIONS THAT CANNOT BEPREDICTED OR FORSEEN ATDESIGN COMPLETION. CONTRACTOR, SUBS ANDDESIGNER WILL WORK TOGETHER TO REACH A SOLUTION IF ANY SITUATION MAY ARISE.TERMS:5/22/2023 9:31:26 PMA33502023-01-27350 Crestview AvELEVATIONS1/4" = 1'-0"A31WEST1/8" = 1'-0"A32EASTA333D View 1REVISED 2023-02-07REVISED 2023-02-22REVISED 2023-03-02ISSUED 2023-03-09REVISED 2023-05-22 MAIN FLOOR0"2ND FLOOR10' -6"MAIN CEILING9' -0"2ND CEILING18' -6"GRADE-1' -2"GARAGE-7"LOWER CEILING-1' -6"GARAGE TOF-5' -2"LOWER FLOOR-9' -6"2A51A6CEILING 1215' -6"4A6DATE:REVISIONS:5757 WENTWORTH AV SOMINNEAPOLIS, MN. 55419P: 612-251-1041WWW.TODDKNUTSONDESIGN.COMJOB NO:SHEET NO:TODD KNUTSON DESIGNCONTRACTOR TO VERIFYALL DIMENSIONS, AS BUILTCONDITIONS (IF APPLY) ANDSITE CONDITIONS, BEFOREORDERING MATERIAL ORDEMOLISHING EXISTINGSTRUCTURES. CONTRACTORAND ALL SUBS MUST REPORTANY DISCREPANCIES TODESIGNER IMMEDIATLY. ASBUILT AND SITE CONDITIONS OFTEN HAVE UNIQUE CON-DITIONS THAT CANNOT BEPREDICTED OR FORSEEN ATDESIGN COMPLETION. CONTRACTOR, SUBS ANDDESIGNER WILL WORK TOGETHER TO REACH A SOLUTION IF ANY SITUATION MAY ARISE.TERMS:5/22/2023 9:31:29 PMA43502023-01-27350 Crestview AvELEVATIONS1/4" = 1'-0"A41SOUTH1/8" = 1'-0"A42NORTHA433D View 2REVISED 2023-02-07REVISED 2023-02-22REVISED 2023-03-02ISSUED 2023-03-09REVISED 2023-05-22 MAIN FLOOR0"2ND FLOOR10' -6"MAIN CEILING9' -0"2ND CEILING18' -6"GARAGE-7"LOWER CEILING-1' -6"GARAGE TOF-5' -2"LOWER FLOOR-9' -6"CEILING 1215' -6"6' - 8 3/4"7' - 4 3/8"7 5/8"10"11' - 8"13' - 4"8' - 4 5/8"7 3/8"10"A718' - 0"1' - 6"9' - 0"1' - 6"8' - 0"MAIN FLOOR0"2ND FLOOR10' -6"MAIN CEILING9' -0"2ND CEILING18' -6"LOWER CEILING-1' -6"LOWER FLOOR-9' -6"CEILING 1215' -6"6" / 12"12" / 12"1' - 0"A53MAIN FLOOR0"2ND FLOOR10' -6"MAIN CEILING9' -0"2ND CEILING18' -6"LOWER CEILING-1' -6"LOWER FLOOR-9' -6"INSULATED RIM JOISTR-21 SPRAY FOAMSTUCCO SIDING BY MANUIFHOUSEWRAP, 25/32" COMP-OSITION WALL SHEATHING2x6 STUDS @ 16" O.C.INSULATION6 MIL POLY VAPOR BARRIER1/2" GYP. BD.WATERPROOFINGR-10 XPS RIGID INSULATION6" DRAIN TILEW/ SILT SLEEVESET IN GRAVELTO DAYLIGHT ORSUMP3/8" PLYWD. SOFFIT2" CONT. VENTINSULATION BAFFLEENERGY HEELSQUARE CUT FASCIADRIP EDGESEAL-DOWN ASPHALT SHINGLES15# BUILDING FELTICE & WATERSHIELD TO 24" INSIDE WALL5/8" OSB SHEATHING ROOF SHEATHINGMANUFACTURED ROOF TRUSSES @24"R-498" CONC. WALLWITH REINFORCINGTRTD. 2x6 W/SILL SEALER &5/8" A.B. @ 4' O.C.EMBED 7" MIN. IN CONC.1/2" EXPANSION JOINTW/ CAULKING4" CONC. SLAB18" BY MANUF.FLOOR FINISH AS SCHEDULED25/32" T&G OSB FLR SHTNGGLUED AND NAILED5/8" GYP. BD. OVERPOLY VAPOR BARRIERR-5 THERMAX FOIL FACED RIGID INSULFOIL TAPE SEAMS, CALKTO FLOOR8X20" FOOTING TYPWDO UNITS U=0.31 (MAX)R-9 BATTS AT HDRCALK AT JOINTS -PLATE TOFLOOR SHEATHINGWALK OUT AT BEDROOMS ,VERIFY WITH SITE AND GRADINGINSULATED RIM JOISTR-21 SPRAY FOAMR-21FLOOR FINISH AS SCHEDULED25/32" T&G OSB FLR SHTNGGLUED AND NAILEDCALK AT JOINTS -PLATE TOFLOOR SHEATHING18" BY MANUF.DATE:REVISIONS:5757 WENTWORTH AV SOMINNEAPOLIS, MN. 55419P: 612-251-1041WWW.TODDKNUTSONDESIGN.COMJOB NO:SHEET NO:TODD KNUTSON DESIGNCONTRACTOR TO VERIFYALL DIMENSIONS, AS BUILTCONDITIONS (IF APPLY) ANDSITE CONDITIONS, BEFOREORDERING MATERIAL ORDEMOLISHING EXISTINGSTRUCTURES. CONTRACTORAND ALL SUBS MUST REPORTANY DISCREPANCIES TODESIGNER IMMEDIATLY. ASBUILT AND SITE CONDITIONS OFTEN HAVE UNIQUE CON-DITIONS THAT CANNOT BEPREDICTED OR FORSEEN ATDESIGN COMPLETION. CONTRACTOR, SUBS ANDDESIGNER WILL WORK TOGETHER TO REACH A SOLUTION IF ANY SITUATION MAY ARISE.TERMS:5/22/2023 9:31:30 PMA53502023-01-27350 Crestview AvSECTIONS3/16" = 1'-0"A51Section 13/16" = 1'-0"A52Section 2REVISED 2023-02-07REVISED 2023-02-22REVISED 2023-03-023/8" = 1'-0"A53Section 2 - Callout 1ISSUED 2023-03-09REVISED 2023-05-22 MAIN FLOOR0"2ND FLOOR10' -6"MAIN CEILING9' -0"2ND CEILING18' -6"LOWER CEILING-1' -6"LOWER FLOOR-9' -6"CEILING 1215' -6"12" / 12"12" / 12"1' - 0"MAIN FLOOR0"2ND FLOOR10' -6"MAIN CEILING9' -0"2ND CEILING18' -6"LOWER CEILING-1' -6"GARAGE TOF-5' -2"LOWER FLOOR-9' -6"CEILING 1215' -6"8" / 12"12" / 12"8" / 12"8" / 12"1' - 0"12" / 12"DATE:REVISIONS:5757 WENTWORTH AV SOMINNEAPOLIS, MN. 55419P: 612-251-1041WWW.TODDKNUTSONDESIGN.COMJOB NO:SHEET NO:TODD KNUTSON DESIGNCONTRACTOR TO VERIFYALL DIMENSIONS, AS BUILTCONDITIONS (IF APPLY) ANDSITE CONDITIONS, BEFOREORDERING MATERIAL ORDEMOLISHING EXISTINGSTRUCTURES. CONTRACTORAND ALL SUBS MUST REPORTANY DISCREPANCIES TODESIGNER IMMEDIATLY. ASBUILT AND SITE CONDITIONS OFTEN HAVE UNIQUE CON-DITIONS THAT CANNOT BEPREDICTED OR FORSEEN ATDESIGN COMPLETION. CONTRACTOR, SUBS ANDDESIGNER WILL WORK TOGETHER TO REACH A SOLUTION IF ANY SITUATION MAY ARISE.TERMS:5/22/2023 9:31:32 PMA63502023-01-27350 Crestview AvSECTIONS3/16" = 1'-0"A61Section 33/16" = 1'-0"A62Section 4REVISED 2023-02-07REVISED 2023-02-22REVISED 2023-03-023/16" = 1'-0"A63Section 53/16" = 1'-0"A64Section 6ISSUED 2023-03-09REVISED 2023-05-22 MAIN FLOOR0"GARAGE-7"LOWER CEILING-1' -6"3 5/8"6"2"1' - 6"7"4"DATE:REVISIONS:5757 WENTWORTH AV SOMINNEAPOLIS, MN. 55419P: 612-251-1041WWW.TODDKNUTSONDESIGN.COMJOB NO:SHEET NO:TODD KNUTSON DESIGNCONTRACTOR TO VERIFYALL DIMENSIONS, AS BUILTCONDITIONS (IF APPLY) ANDSITE CONDITIONS, BEFOREORDERING MATERIAL ORDEMOLISHING EXISTINGSTRUCTURES. CONTRACTORAND ALL SUBS MUST REPORTANY DISCREPANCIES TODESIGNER IMMEDIATLY. ASBUILT AND SITE CONDITIONS OFTEN HAVE UNIQUE CON-DITIONS THAT CANNOT BEPREDICTED OR FORSEEN ATDESIGN COMPLETION. CONTRACTOR, SUBS ANDDESIGNER WILL WORK TOGETHER TO REACH A SOLUTION IF ANY SITUATION MAY ARISE.TERMS:5/22/2023 9:31:33 PMA73502023-01-27350 Crestview AvSCHEDULESWindow ScheduleType Mark Width Height Level Comments160 2' - 6" 5' - 0" LOWER FLOOR160 2' - 6" 5' - 0" LOWER FLOOR160 2' - 6" 5' - 0" LOWER FLOOR160 2' - 6" 5' - 0" LOWER FLOOR180 2' - 6" 6' - 8" MAIN FLOOR180 2' - 6" 6' - 8" MAIN FLOOR180 2' - 6" 6' - 8" MAIN FLOOR180 2' - 6" 6' - 8" MAIN FLOOR180 2' - 6" 6' - 8" MAIN FLOOR180 2' - 6" 6' - 8" MAIN FLOOR180 2' - 6" 6' - 8" MAIN FLOOR180 2' - 6" 6' - 8" MAIN FLOOR180 2' - 6" 6' - 8" MAIN FLOOR180 2' - 6" 6' - 8" MAIN FLOOR180 2' - 6" 6' - 8" MAIN FLOOR180 2' - 6" 6' - 8" MAIN FLOOR180 2' - 6" 6' - 8" MAIN FLOOR162 2' - 6" 2' - 6" MAIN FLOOR162 2' - 6" 2' - 6" MAIN FLOOR162 2' - 6" 2' - 6" MAIN FLOOR180 2' - 6" 6' - 8" MAIN FLOOR180 2' - 6" 6' - 8" MAIN FLOOR168 2' - 6" 4' - 0" MAIN FLOOR168 2' - 6" 4' - 0" MAIN FLOOR180 2' - 6" 6' - 8" MAIN FLOOR180 2' - 6" 6' - 8" MAIN FLOOR180 2' - 6" 6' - 8" MAIN FLOOR181 2' - 6" 3' - 0" MAIN FLOOR181 2' - 6" 3' - 0" MAIN FLOOR181 2' - 6" 3' - 0" MAIN FLOOR162 2' - 6" 2' - 6" MAIN FLOOR162 2' - 6" 2' - 6" MAIN FLOOR160 2' - 6" 5' - 0" 2ND FLOOR160 2' - 6" 5' - 0" 2ND FLOOR160 2' - 6" 5' - 0" 2ND FLOOR160 2' - 6" 5' - 0" 2ND FLOOR160 2' - 6" 5' - 0" 2ND FLOOR182 2' - 0" 4' - 0" 2ND FLOOR182 2' - 0" 4' - 0" 2ND FLOOR182 2' - 0" 4' - 0" 2ND FLOOR182 2' - 0" 4' - 0" 2ND FLOOR182 2' - 0" 4' - 0" 2ND FLOORGrand total: 42Door ScheduleMark Width Height Level Comments001 2' - 6" 6' - 8" LOWER FLOOR002 2' - 6" 6' - 8" LOWER FLOOR003 2' - 6" 6' - 8" LOWER FLOOR004 5' - 0" 6' - 8" LOWER FLOOR005 3' - 0" 6' - 8" LOWER FLOOR008 2' - 6" 6' - 8" LOWER FLOOR008.1 2' - 6" 6' - 8" LOWER FLOOR009 2' - 6" 6' - 8" LOWER FLOOR010 2' - 0" 6' - 8" LOWER FLOOR011 2' - 6" 6' - 8" LOWER FLOOR119 18' - 0" 8' - 0" GARAGE112 2' - 6" 6' - 8" MAIN FLOOR113 2' - 6" 8' - 0" MAIN FLOOR114 2' - 6" 6' - 8" MAIN FLOOR115 2' - 6" 8' - 0" MAIN FLOOR115.1 4' - 0" 6' - 8" MAIN FLOOR116 2' - 6" 6' - 8" MAIN FLOOR116.1 3' - 0" 8' - 0" MAIN FLOOR116.2 3' - 0" 8' - 0" MAIN FLOOR117 3' - 0" 8' - 0" MAIN FLOOR118 2' - 6" 6' - 8" MAIN FLOOR120 4' - 0" 6' - 8" MAIN FLOOR120.1 4' - 0" 8' - 0" MAIN FLOOR120.2 4' - 0" 6' - 8" MAIN FLOOR120.3 2' - 6" 6' - 8" MAIN FLOOR120.4 10' - 0" 8' - 0" MAIN FLOOR122 3' - 0" 7' - 8" MAIN FLOOR224 2' - 6" 6' - 8" 2ND FLOOR224.1 4' - 0" 6' - 8" 2ND FLOOR224.2 4' - 0" 6' - 8" 2ND FLOOR225 2' - 6" 6' - 8" 2ND FLOOR226 2' - 6" 6' - 8" 2ND FLOOR228 2' - 6" 6' - 8" 2ND FLOOR229 2' - 6" 6' - 8" 2ND FLOOR230 2' - 6" 6' - 8" 2ND FLOOR231 2' - 6" 6' - 8" 2ND FLOOR3/8" = 1'-0"A71Section 1 - Callout 1ISSUED 2023-03-09REVISED 2023-05-22 BPBPBPBPBPBPBPBPBPBPBPBPBPBPBPBPBPBPBPBPBPBPGIRDER TRUSS BY MANUFGIRDER TRUSS BY MANUFBPBPBPBPBPBPBPBPBPBPDATE:REVISIONS:5757 WENTWORTH AV SOMINNEAPOLIS, MN. 55419P: 612-251-1041WWW.TODDKNUTSONDESIGN.COMJOB NO:SHEET NO:TODD KNUTSON DESIGNCONTRACTOR TO VERIFYALL DIMENSIONS, AS BUILTCONDITIONS (IF APPLY) ANDSITE CONDITIONS, BEFOREORDERING MATERIAL ORDEMOLISHING EXISTINGSTRUCTURES. CONTRACTORAND ALL SUBS MUST REPORTANY DISCREPANCIES TODESIGNER IMMEDIATLY. ASBUILT AND SITE CONDITIONS OFTEN HAVE UNIQUE CON-DITIONS THAT CANNOT BEPREDICTED OR FORSEEN ATDESIGN COMPLETION. CONTRACTOR, SUBS ANDDESIGNER WILL WORK TOGETHER TO REACH A SOLUTION IF ANY SITUATION MAY ARISE.TERMS:5/22/2023 9:31:34 PMA83502023-01-27350 Crestview AvBRACED WALLPLAN1/8" = 1'-0"A81LOWER FLOOR BP1/8" = 1'-0"A82MAIN FLOOR BP1/8" = 1'-0"A832ND FLOOR BPISSUED 2023-03-09REVISED 2023-05-22 DATE:REVISIONS:5757 WENTWORTH AV SOMINNEAPOLIS, MN. 55419P: 612-251-1041WWW.TODDKNUTSONDESIGN.COMJOB NO:SHEET NO:TODD KNUTSON DESIGNCONTRACTOR TO VERIFYALL DIMENSIONS, AS BUILTCONDITIONS (IF APPLY) ANDSITE CONDITIONS, BEFOREORDERING MATERIAL ORDEMOLISHING EXISTINGSTRUCTURES. CONTRACTORAND ALL SUBS MUST REPORTANY DISCREPANCIES TODESIGNER IMMEDIATLY. ASBUILT AND SITE CONDITIONS OFTEN HAVE UNIQUE CON-DITIONS THAT CANNOT BEPREDICTED OR FORSEEN ATDESIGN COMPLETION. CONTRACTOR, SUBS ANDDESIGNER WILL WORK TOGETHER TO REACH A SOLUTION IF ANY SITUATION MAY ARISE.TERMS:5/22/2023 9:31:35 PMA93502023-01-27350 Crestview AvBRACED DETAILSISSUED 2023-03-09REVISED 2023-05-22 DATE:REVISIONS:5757 WENTWORTH AV SOMINNEAPOLIS, MN. 55419P: 612-251-1041WWW.TODDKNUTSONDESIGN.COMJOB NO:SHEET NO:TODD KNUTSON DESIGNCONTRACTOR TO VERIFYALL DIMENSIONS, AS BUILTCONDITIONS (IF APPLY) ANDSITE CONDITIONS, BEFOREORDERING MATERIAL ORDEMOLISHING EXISTINGSTRUCTURES. CONTRACTORAND ALL SUBS MUST REPORTANY DISCREPANCIES TODESIGNER IMMEDIATLY. ASBUILT AND SITE CONDITIONS OFTEN HAVE UNIQUE CON-DITIONS THAT CANNOT BEPREDICTED OR FORSEEN ATDESIGN COMPLETION. CONTRACTOR, SUBS ANDDESIGNER WILL WORK TOGETHER TO REACH A SOLUTION IF ANY SITUATION MAY ARISE.TERMS:5/22/2023 9:31:41 PMA103502023-01-27350 Crestview Av3dA1013D View 6A1023D View 7A1033D View 8A1043D View 9A1053D View 10A1063D View 11REVISED 2023-02-07REVISED 2023-02-22REVISED 2023-03-02ISSUED 2023-03-09REVISED 2023-05-22 MINUTES OF THE ORONO PLANNING COMMISSION June 20, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ 6. LA23-000028 LOREN AND JULIA PARKS, 350 CRESTVIEW AVENUE, REQUESTS LOT AREA, FRONT YARD SETBACK, SIDE YARD SETBACK, REAR YARD SETBACK, AND 75-FOOT CREEK SETBACK VARIANCES, AS WELL AS A VARIANCE FOR HARDCOVER WITHIN THE 75-FOOT CREEK SETBACK IN ORDER TO REDEVELOP THE PROPERTY. City Planner Curtis said the applicants are requesting a number of variances in order to support the construction of a new home on the property. The applicant is proposing a two-story home with a full basement. The property is non-conforming in size. The small lot sizes and the impact of the 75-foot Creek setback combine to make the lot nearly unbuildable, she said. The following variances for setbacks are requested: 27-foot front yard setback; a 10-foot side yard setback from the north side lot line, a 34.7-foot rear setback, and a 39.4 setback from the creek. The new home plan was designed to minimize the hard cover within the creek setback as well, Curtis said. She added there have been calls and questions from neighbors but no public comments. Staff recommends approval of the variances as applied. Curtis said the planning commission should consider a recommendation for approval which includes the use of pervious paver materials for the proposed patio area in order to offset some of the stormwater impact within the creek setback. Julia and Loren Parks, 350 Crestview Ave., said they purchased the home several years ago. Prior to that, about 10 years ago, the pervious owners had put forth a building plan that had been approved. They tried to stay very close to the previous owner’s plan. They have a family and are looking to build a home where they can raise their children in the community. They initially proposed building closer to the creek but moved the plan several feet toward the road with the creek set-back in mind. The proposed patio is within the existing footprint for the current house. They also said they have conditional approval from the watershed district. Acting Chair Ressler opened the public hearing at 8:17 p.m. Mike Huthwaite, 3382 Bayside Rd., said their home is almost kitty korner from the applicant’s. He said he has looked at the plans for the house and wanted to speak for the neighborhood in saying it looks excellent and will be a nice house for a nice family. He said it would affect them the most as they are right across, and it will affect them positively. Acting Chair Ressler closed the public hearing at 8:19 p.m. Ressler said staff is in support of the application and it makes a lot of sense. Erickson moved, Kraemer seconded, to approve LA23-000028, 350 Crestview Avenue, variances as Applied. VOTE: Ayes: 5, Nays 0. Date Application Received: 05/17/2023 Date Application Considered as Complete: 05/26/2023 60-Day Review Period Expires: 07/25/2023 To: Chair Bollis and Planning Commission Members Adam Edwards, City Administrator From: Melanie Curtis, Planner mcc Date: 20 June 2023 Subject: #LA23-000028, Loren & Julia Parks, 350 Crestview Avenue Variance Public Hearing Background The applicants are proposing to demolish the existing home and construct a new single-family home with a rear patio on the property. Due to the extreme 75-foot setback from the creek, the home will be situated in the northernmost portion on the lot. The applicant is proposing a two-story home with a full basement. The property is nonconforming to size with 19,604 square feet (0.45 acres) within the LR-1A zoning district where there is a two-acre minimum lot area requirement. The small lot size and the substantial impact the 75-foot creek setback has on the property results in the need for the requested variances. Practical Difficulties Analysis Applicant Submittal Information: The LR-1A district and shoreland setbacks significantly impact the buildable area on the property. The applicant has identified the extremely limited, 132 square foot building envelope as the primary practical difficulty supporting the requested variance(s). Additionally, they have provided supporting documentation regarding Practical Difficulties attached as Exhibit B, and should be asked for additional testimony regarding the application. Planning Staff Practical Difficulty Analysis: Staff finds there are several contributing factors to the extremely small building envelope; all of which result in an almost unbuildable lot. The required creek setback, the 50-foot front and rear setbacks, combined with the 30-foot side setback are all practical difficulties which support variances for this property. The property owners designed the improvements to be sensitive to the scale of the neighborhood, the creek and attempted to maintain a similar setback from the creek as the existing home location. Application Summary: The applicant is requesting the following variances in order to construct a new single-family home on the property: • Lot area variance • Side yard setback variance • Front yard setback variance • Rear yard setback variance • 75-foot creek setback • Hardcover within 75-feet of the creek Staff Recommendation: Planning Department Staff recommends approval. FILE #LA23-000028 20 June 2023 Page 2 of 5 LOT ANALYSIS WORKSHEET Section 78-305 and 78-1279 – Setbacks: Section 78-305 – Lot Area/Width: LR-1A Lot Area Lot Width Required 87,120 s.f. (2.0 acres) 200’ Actual 19,604.39 s.f. (0.45 acre) 202’ Section 78-1403 – Structural Building Coverage: Total Lot Area Total Structural Coverage 19,604 s.f. (0.45 acre) Allowed: 3,920 s.f. (20%) Existing: 1,339 s.f. (6.8%) Proposed: 2,315 s.f. (11.8%) Section 78-1288; 78-1680; and 78-1700 – Hardcover Calculations: Stormwater Overlay District Tier Total Area in Zone Allowed Hardcover Existing Hardcover Proposed Hardcover Tier 1 19,604 s.f. 4,901 s.f. (25 %) 2,163 s.f. (11%) 3,516 s.f. (17.9%) Applicable Regulations: Lot Area Variance (City Code Section 78-305) Zoning Code Section 78-72 provides options for the redevelopment of lots which do not meet the minimum area or width requirements for the respective zoning district. Substandard properties within the Shoreland Overlay District, such as the subject lot, are able to be redeveloped without variances if specific standards are met; such as: 1. All setback requirements can be met. 2. A Type 1 sewage treatment system consistent with Minnesota Rules, chapter 7080, can be installed or the lot is connected to a public sewer; and 3. The impervious surface coverage meets all hardcover location and square footage restrictions of this chapter and the total square footage of hardcover does not exceed 35 percent of the entire lot area. 4. All other zoning district standards can be met. The applicant’s need for setback variances and hardcover variances results in the property’s inability to conform to #1 and #4 above. Therefore, a lot area variance is also required in order to develop the property. LR-1A Required Existing Proposed Front 50’ 39.7’ 27’ Rear 50’ 36.4’ 34.7’ North Side 30’ 33’ 10’ Stubbs Bay Creek / Protected Tributary 75’ ±40’ ±39.4’ FILE #LA23-000028 20 June 2023 Page 3 of 5 Front Yard, Side Yard, Rear Yard Setback Variances (City Code Section 78-305) The applicants are proposing to construct a new home and are requesting setback variances as follows: 1. A 27-foot front setback where a 50-foot setback is required; 2. A 10-foot side yard setback from the north, side lot line where a 30-foot setback is required; and 3. A 34.7’ rear setback where a 50-foot setback is required. Many of the homes in the immediate neighborhood are nonconforming with respect to area and/or width. Additionally, many of the neighboring homes have nonconforming setbacks. The applicants have designed their home to follow a previous variance approval for the property (Resolution 5078, attached as Exhibit H). Hardcover Variance within 75-foot Creek Setback and 75-foot Creek Setback Variance (City Code Sections 78-1279; 78-1288 & 78-1680) Stubbs Bay Creek is a protected tributary which requires a 75-foot structural setback and hardcover restrictions. The creek setback significantly impacts the east and south sides of the property. The new home plan was designed to follow the previously approved plan which attempted to minimize hardcover within the creek setback. Governing Regulation: Variance (Section 78-123) In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. §216C.06, subd. 14, when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. According to MN §462.357 Subd. 6(2) variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance. The applicants are proposing to construct a new single-family home on a residential lot which is consistent with the intent of the Ordinance. The lot area variance is consistent with the general intent of the Ordinance. The variances requested for creek setback, front, side, and rear yard setbacks are reasonable considering extremely limited buildable area of the property. The hardcover variance is also necessary due to the extreme creek setback. 2. The variance is consistent with the comprehensive plan. The variances supporting a new single-family residence in a residential zone are consistent with the Comprehensive Plan. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not FILE #LA23-000028 20 June 2023 Page 4 of 5 permitted by the official controls; The applicants are proposing to use the property in a reasonable manner with the construction of a single-family home. There is no conforming space to construct a reasonably sized conforming home on the site. b. There are circumstances unique to the property not created by the landowner; The owners did not create the difficulties on this property; and c. The variance will not alter the essential character of the locality. The proposed development will not adversely impact the character of the neighborhood. Additionally, City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination. 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 17, when in harmony with Orono City Code Chapter 78. This condition is not applicable. 6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located. This condition is not applicable, as a residential home is an allowed use in the LR- 1A District. 7. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. This condition is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The proximity to and impact of Stubbs Bay Creek on this property is unique to the property. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The challenge of the substandard lot size within the 2-acre zoning district is shared by the immediate neighborhood, however is unique within the LR-1A zoning district. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The legal buildable area of the lot is only 0.6% of the total lot area. Without variances the property is unbuildable. The variances are necessary for the preservation and enjoyment of the Owners. 11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. Granting of the requested variances would not impair health, safety, comfort or morals and would be in keeping with the intent of the zoning code. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. Due to the extreme applied setbacks affecting the property, the variances are necessary and are not merely for convenience. The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Public Comments To date, no public comments have been received. Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to use the FILE #LA23-000028 20 June 2023 Page 5 of 5 property in a reasonable manner which is not permitted by an official control? 2. Does the Planning Commission find that the variance(s), if granted, will not alter the essential character of the neighborhood? 3. Does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested variance(s)? 4. Are there any other issues or concerns with this application? Planning Staff Recommendation Planning Staff recommends approval of the variances as applied. The planning commission should consider a recommendation for approval which includes the use of pervious pavers for the proposed patio area to offset the stormwater impact within the creek setback. List of Exhibits Exhibit A. Application & Narrative Exhibit B. Practical Difficulties Documentation Form Exhibit C. Existing Survey Exhibit D. Proposed Survey/Site Plan Exhibit E. Proposed Plans and Elevations Exhibit F. Hardcover Calculations Exhibit G. Aerial Photos Exhibit H. Resolution 5078 Exhibit I. Adjacent Property Owners List & Acknowledgments Exhibit J. Plat Map AGENDA ITEM 1. Purpose. Zachary Mink will present this item to the City Council. COUNCIL ACTION REQUESTED No Action Requested Item No.: 12 Date: July 10, 2023 Item Description: Tour de Tonka Presenter: Zachary Mink Agenda Section: Presentation AGENDA ITEM 1. Purpose. Representative Andrew Myers will present an update to the City Council. COUNCIL ACTION REQUESTED No Action Requested Item No.: 13 Date: July 10, 2023 Item Description: Representative Andrew Myers Annual Update Presenter: Representative Andrew Myers Agenda Section: Presentation AGENDA ITEM Prepared By: NAN Reviewed By: LLO Approved By: RJO Item No.: 14 Date: July 10, 2023 Item Description: LA22-000064 – Lebrisia Iversen, 4448 North Shore Drive - Variance Presenter: Natalie Nye Planner Agenda Section: Community Development 1. Purpose. This application is regarding a house addition that requires variances from average lakeshore setback, 75-foot lake setback, hardcover, hardcover within the 75-foot setback and side yard setback. 2. MN§15.99 Application Deadline. The application was received on December 2, 2022 and considered to be complete on May 31, 2023. The 60-Day review period expires on July 30, 2023. 3. Background/ Summary. The subject property is a substandard lot in the LR-1B Zoning District (1- Acre). The existing one-story home is nonconforming to the required setbacks and is over on hardcover. The applicant is requesting variances from average lakeshore setback, 75- foot lake setback, hardcover beyond the 25%, hardcover within the 75- foot lake setback and side yard setback to build an addition. The proposed house addition is located on the north side of the home and maintains the existing lakeyard setback of 35 feet. However, the home design proposes a 25’ wide door on the lakeside of the home requiring a new stoop/steps. The new stoop and steps create a new lakeyard encroachment closer to the lake at 26 feet to the OHWL. The home addition is two stories with a rooftop terrace above the second story which creates a new vertical encroachment into the 75-foot and average lakeshore setback. The existing home is a one-story building and the proposed addition is approximately 12 feet taller in height. The proposed project slightly reduces the overall hardcover, but is still over the maximum of 25%. 4. Planning Commission Vote and Comment. On June 20, 2023, the Planning Commission held a public hearing, no public comments were made. The Commission reviewed the application and discussed the practical difficulties. The Commission did not reach a consensus voting to approve the application by a vote of 3 to 2. The Planning Commission was concerned with the overall height of the addition and that it significantly expanded the nonconformity. The Commission was also concerned with practical difficulties not being met. The Planning Commission was supportive of the reduction in hardcover and noted the substandard irregular lot shape and existing conditions as AGENDA ITEM Prepared By: NAN Reviewed By: LLO Approved By: RJO practical difficulties for the application. Draft minutes are attached as Exhibit D. 5. Public Comment. Adjacent Property Owner Acknowledgment Forms were received at the Planning Commission meeting, no other public comments were received. 6. Additional Information. The applicant has provided an updated narrative included in Exhibit A. The applicant has also updated the survey and hardcover to account for landings for the exterior doorways. The amended plans with the new stoop create new hardcover within the 75’ lakeyard and amends the submitted calculations from 26.72% to 27.27%. The proposed hardcover is still a slight reduction in hardcover from the existing conditions at 27.33%. 7. Staff Recommendation. Staff acknowledges the lot has practical difficulties in both size and configuration. Staff is also supportive of overall hardcover reduction. However, the proposed addition greatly increases the building footprint within the 75-foot lakeshore setback and creates a new vertical encroachment with the addition and new 75’ lakeyard encroachment with the new stoop. Staff recommends denial of the application as applied. COUNCIL ACTION REQUESTED Motion to direct staff to draft a denial resolution. Exhibits A. Updated Narrative B. Revised Survey C. Revised Hardcover D. Proposed Plans E. Draft PC Minutes 6/20/2023 F. PC Staff Report 6/20/2023 References PC Exhibits 6/20/2023 A. Application B. Practical Difficulties Documentation Form C. Survey D. Narrative E. Plans F. Hardcover Information G. Neighbor Acknowledgement Forms H. Property Owners List and Map Narrative Slide 2 General Layout of Property(s) including: (neighbors and comparable home) Slide 3 Layout of neighbors views and direction of Lake views. Slide 4 Set back improvement (deck removal) + Lomas Views Slide 5 Non hindrance to neighbor views (Mr and Ms. Lomas) Slide 6 Non hindrance to neighbor views cont. (neighbors across cty road 19) Slide 7 Slope Gradient lower where the addition is in comparison to cty rd 19. Slide 8-10 Comparable home recently approved by city (w/Rooftop house with actual restrictive views to neighbors.)(address 1565 Orchard Beach Pl Orono) Slides 11-17 Hardcover Conversions, improvements and photos (before 2019 and after 2023) We have been improving all hardcover since we purchased the home. Slide 18-19 - Future added wood stoop and steps proposal to the back of the house by the doors Need to add new wood deck by the back door steps per city request. 156 Sq ft added Our house is the blue dot Red dot is 1565 Orchard Beach Pl Orono (Comparable) Our views could be restricting only 1 household (Lomas) which would be restricting the bridge view only. Brown Dot. Which the lomas gave us an approval sign off on our addition. MAP TO UNDERSTAND LOCATION OF VIEWS Blue Dot - Our House Black rectangle the addition Green house is O’Neils- We have a approval letter from them (o’Neils). - Better views facing west arm bay Red dot is Greg Klohn house that is turned away from our property and facing west arm bay with better views Brown dot- Lomas House with channel and forest lake views WEST ARM BAY VIEWS BRIDGE VIEWS FOREST LAKE VIEWS Neighbors views Neighbor (Mr. and Ms. Lomas) house - window site lines for channel views and Forest Lake views up pretty high. Current Deck protrudes out (approx. 2.5ft) toward set back line - our proposed addition would bring structure in line with current home. Current deck 2.5ft Main view of forest lake From our Neighbor’s (Mr and Ms. Lomas) view of channel way looking towards our house and the channel/bridge (not toward Forest Lake)This is Ground level, not window level. 2nd photos of sloped gradient from Cty Rd 19 to where we would build the addition. Cty Rd 19 higher than our level Addition proposal County Road 19 (North shore drive) We are NOT hindering neighbor views We are NOT hindering neighbor views Back road side of house (N Shore Dr/Cty Rd 19) ADDITION Sloped Gradient (Cty Rd 19 higher to our lower ground level) Behind house views, Cty Rd 19 1565 Orchard Beach Pl Orono Similar house approved, with restricting views for 1 neighbor 0.3 miles away from our house Facing West Arm Bay Orono Approved this property ROOF TOP This depiction truly shows this home is blocking views of neighbor. (Red arrow is neighbor - see next slide) Neighbor Restricting views to west arm bay from 1555 Orchard >AFTER UPDATED- Final court yard image of how it currently is today. < BEFORE Old photos of courtyard hardcover and pavers all the way to the driveway. Courtyard hardcover This is showing 2019 hardcover when we purchased the property. Old photos of when we bought the home 2019 (old front courtyard) After hardcover improvements - front courtyard 2023 Before - Front of house deck 7’x7’ (We removed this deck in 2019) After, more green space - hard cover improvement OLD Photos of when we bought the house - front view of house Deck, gate, pavers (hardcover) Old photos of back deck where we want to put the addition. Old photos front/side of house - We removed pavers - hard cover improvement Old photos of property when we bought it - pavers by dock - these have been removed - Hard cover improvement. Panorama view of our house and neighbors looking from water (channel side) We propose adding steps as minimal as possible down to ground level wood decking steps see Grondberg survey 156 sq ft (this would be a future item as this is what the city wanted and or requested from us) Proposed wood deck off of channel side doors - Per city request (156 sq ft) UP UP 11'-6 1/2"29'-6"GARAGE DECK BEDROOM BATH BEDROOMBATH LIVING DINING FAMILY KITCHEN BEDROOM BATH LAUNDRY UTILITY REVISION TABLENUMBERDATEREVISED BYDESCRIPTIONSHEET: SCALE:DRAWINGS PROVIDED BY:Drafting & Design Services952-292-5091DATE: 5/23/2023 1 OF 4EXISTING PLAN 1/4" = 1'-0 PRELIMINARY PLANLEBRISIA RESIDENCE 4448 N Shore Dr Mound 6064DC7650TC9074TC9074TC9074TC UPUP BEAM OR GIRDER TO BE SIZED BY OTHERSBEAM OR GIRDER TO BE SIZED BY OTHERSBEAM OR GIRDER TO BE SIZED BY OTHERS BEAM OR GIRDER TO BE SIZED BY OTHERS E2E2 Elevation 2 11'-6 1/2"29'-6"3' GARAGE BEDROOM BATH BEDROOMBATH LIVING DINING FAMILY KITCHEN BEDROOM BATH LAUNDRY UTILITY KIDS CLASSROOMADDITIONADDITION 9' CEILINGS REVISION TABLENUMBERDATEREVISED BYDESCRIPTIONSHEET: SCALE:DRAWINGS PROVIDED BY:Drafting & Design Services952-292-5091DATE: 5/23/2023 2 OF 4REMODEL MAIN LEVEL 1/4" = 1'-0 PRELIMINARY PLANLEBRISIA RESIDENCE 4448 N Shore Dr Mound DN 2040SC9060TC9060TC UP E2E2 Elevation 2 3'-2"14'-8 1/2"12'30'17'-6" 3' BATH BEDROOM CLOSETADDITIONADDITION ADDITION ADDITIONDN DN3068E2E2 Elevation 2 14'-10 3/8"OPEN BELOW FUTURE ROOFTOP DECK 3'30'GRADE Elevation 3 30'GRADE TOP OF ROOF EAVE Elevation 2 Elevation 4 Elevation 5 REVISION TABLENUMBERDATEREVISED BYDESCRIPTIONSHEET: SCALE:DRAWINGS PROVIDED BY:Drafting & Design Services952-292-5091DATE: 5/23/2023 3 OF 4 2ND FLOOR PLAN 1/4" = 1'-0 PRELIMINARY PLANLEBRISIA RESIDENCE 4448 N Shore Dr Mound ELEVATIONS 1/8" = 1'-0 P R O P O S E D A D D IT IO N PLOT PLAN REVISION TABLENUMBERDATEREVISED BYDESCRIPTIONSHEET: SCALE:DRAWINGS PROVIDED BY:Drafting & Design Services952-292-5091DATE: 5/23/2023 4 OF 4PRELIMINARY PLANLEBRISIA RESIDENCE 4448 N Shore Dr Mound VIEW SHOWING SUPPORT POSTS AND BEAMS (ABOVE CEILING)REVISION TABLENUMBERDATEREVISED BYDESCRIPTIONSHEET: SCALE:DRAWINGS PROVIDED BY:Drafting & Design Services952-292-5091DATE: 5/23/2023 5 OF 4PRELIMINARY PLANLEBRISIA RESIDENCE 4448 N Shore Dr Mound MINUTES OF THE ORONO PLANNING COMMISSION June 20, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 1 of 8 ROLL CALL The Orono Planning Commission met on the above-mentioned date with the following members present: Acting Chair Jon Ressler, Commissioners Dennis Libby, Jon Ressler, Bob Erickson, Gary Kraemer and Ted Schultze, alternate. Chair Chris Bollis and Commissioner Mark McCutcheon were absent. Representing Staff were Community Development Director Laura Oakden, City Planner Melanie Curtis, and City Planner Natalie Nye. Acting Chair Ressler called the meeting to order at 6:00 p.m., followed by the Pledge of Allegiance. OATH OF OFFICE Community Development Director Oakden administered the Oath of Office to Ted Schultze, alternate planning commissioner, who was immediately seated. APPROVAL OF AGENDA Libby moved, Kraemer seconded, to approve the Agenda. VOTE: Ayes 5, Nays 0. APPROVAL OF PLANNING COMMISSION MEETING MINUTES OF MAY 15, 2023 Libby moved, Erickson seconded, to approve the minutes of the Orono Planning Commission meeting of May 15, 2023. VOTE: Ayes 5, Nays 0. PUBLIC HEARINGS 1. LA22-000064 LEBRISIA IVERSEN, 4448 NORTH SHORE DRIVE, REQUESTS VARIANCES FOR AVERAGE LAKESHORE SETBACK, 75’ LAKESHORE SETBACK, HARDCOVER TO EXCEED 25%, HARDCOVER WITHIN THE 75-FOOT SETBACK AND SIDE YARD SETBACK. City Planner Nye gave a presentation on the item, stating the applicant is proposing a house addition on the north side of the home. The property is substandard in size at .46 acres when the LR 1B district requires a one-acre minimum and the lot is a unique shape, she said. The existing one-story home is non conforming and does not meet the required LR-1B setbacks or the required Lake setbacks. The 75-foot Lakeshore setback and average Lakeshore setback lines run through the middle of the existing home. The expansion that is proposed is entirely in front of those setback lines. The property is also currently over the hardcover limitation of 25 percent at 27 percent. The plan improves hardcover slightly but not below 25 percent. The requested addition requires variances from the average Lakeshore setback, 75-foot Lakeshore setback, hard cover to exceed 25 percent, hard cover within the 75-foot setback and side-yard setback. The applicant is proposing a two-story addition with a rooftop terrace over the second story. Nye said staff agrees with the practical difficulties present and can support the construction of an addition, but recommends denial of the addition as proposed. Staff believes the proposed height creates a vertical encroachment and could impact neighboring lake views and that several doors exiting the addition are shown but not the entry landings or patios, so hardcover may actually be increased over what is proposed. The planning commission should discuss the application and consider if the variances requested are reasonable and in character for the neighborhood, she said, specifically the height and hardcover. The applicants and the general contractor were present. MINUTES OF THE ORONO PLANNING COMMISSION June 20, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 2 of 8 Ressler asked about setbacks. Nye said the application slightly increased side-yard setback but staff is not concerned about that as much as the height and hardcover. The building would not be any closer to the lake. Andrew Iverson, 5558 North Shore Dr., said they are stuck in a unique property between the lake and a busy road. He said they have gotten approval letters from several of the neighbors concerning the height increase and the plan would not block any neighbor’s view. They are alongside a channel and close neighbors face the lake. He said they wanted the rooftop terrace because they lack a lot of sunlight due to mature trees and saw it as a safe play space for their children since there is a lake on one side and a busy road on the other. They would also plan a rooftop garden. Windows on the front were converted to doors but the family hasn’t used them because they go straight to the lake which is unsafe for children, and for that reason, they don’t plan stairs. They noted they were within the 30-foot height restrictions and also don’t have a basement. The applicant pointed out another house in the area with a rooftop terrace that he feels encroaches a great deal more. Acting Chair Ressler opened the public hearing at 6:20 p.m. There were no public comments. Acting Chair Ressler closed the public hearing at 6:20 p.m. Ressler asked about grade for the height, noting that the road is higher than the property. Nye said the grade is figured from the base of the house, not the road. Erickson asked to see the illustration of the actual proposed addition. He said he was concerned about the height issue for other properties and that the proposed height seems to magnify the setback issue. Schultze asked if the addition could block the view of the lake of people across the road. The applicant explained that the direct view is of the channel. Kraemer said he feels like this falls into the best they can do. He understands the staff’s concern about height but noted that neighbors are not in objection. Ressler said he usually likes to side with staff but the lot is almost unbuildable and the applicant has the support of neighbors. He expressed concern about hardcover staying below the applied amount but said he would support the application because it is going up on a structure that is already there. He would not want to see any further side-yard encroachment. Iverson said when they purchased the house they removed a significant amount of hardcover and there is another old walkway they could remove. Libby said he still sees a problem in that there has not been an establishment of practical difficulties that warrants so many variances. He said he was thinking more in the spirit of the codes and how they are enforced. MINUTES OF THE ORONO PLANNING COMMISSION June 20, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 3 of 8 Erickson said he was concerned about the increase of height in the 75-foot setback. He said the City has been consistent about that. Libby suggested the commission provide feedback instead of an approval or denial but said there were too many elements to focus on just one. Kraemer moved, Schultze seconded, to approve LA22-000064 Lebrisia Iversen, 4448 North Shore Drive, variance requests. VOTE: Ayes: 3, Nays 2 (Libby and Erickson). 2. LA23-000022 MICHAEL CLARK, 565 LEAF STREET, REQUESTS A VARIANCE FOR THE PLACEMENT OF A NEW ACCESSORY BUILDING STREETWARD OF THE PRINCIPAL BUILDING. City Planner Nye provided information stating the applicant is proposing to construct a new accessory building to be used as a garage and an accessory dwelling unit streetward of the principal building. Accessory buildings are required to be placed to the rear of the principal building or home so a variance for the placement of the new building is being requested. The existing home is placed towards the rear of the property which limits the ability to construct an accessory building in a compliant location, she said. There are also topographical limitations that do not allow for the expansion of the existing attached garage. The new accessory building meets all other building setbacks, hardcover and lot coverage requirements, Nye said. Staff recommends approval of the variance request as applied with the addition of one condition that all accessory dwelling unit ADU performance standards must be met, including a covenant, which should be executed at the time of building permit. The applicant’s architect or contractor was present and available for any questions. Acting Chair Ressler opened the public hearing at 6:48 p.m. There were no public comments. Acting Chair Ressler closed the public hearing at 6:48 p.m. Schultze asked about the accessory dwelling unit on the second floor. Nye said the first floor would be a garage and the second would have a bathroom and some living space. The applicant would have to execute a covenant when they take out the building permit stating they would not rent it out. Erickson moved, Libby seconded, to approve LA23-000022 565 Leaf Street, variance request conditional that all ADU performance standards must be met including a covenant. VOTE: Ayes: 5, Nays 0. 3. LA23-000023 BOB RENAUD WITH MINNESOTA GREEN, 1856 SHADYWOOD ROAD, REQUESTS A 75’ LAKE SETBACK VARIANCE. City Planner Nye said the applicant is requesting a setback variance to replace a retaining wall within the 75-foot Lakeshore setback. The proposal is to replace a failing timber retaining wall that is supporting a large tree with a boulder wall. The change in material requires the application for a variance. The Date Application Received: 12/2/2022 Date Application Considered as Complete: 05/31/2023 60-Day Review Period Expires: 07/30/2023 To: Chair Bollis and Planning Commission Members Adam Edwards, City Administrator From: Natalie Nye, Planner Date: June 20, 2023 Subject: #LA22-000064, Lebrisia Iversen, 4448 North Shore Drive Variances - Public Hearing Background The subject property is substandard in size and a unique shape. The existing home was constructed prior to current regulations and is nonconforming. The existing one-story home does not meet the required front yard setback, side yard setback, 75-foot lakeshore setback, or the average lakeshore setback. Due to the size and configuration of the lot there is no compliant building envelope. The property owners are proposing to construct a two-story addition with a rooftop terrace on the north side of the home. The proposed addition will include a school room on the first floor, a bedroom on the second floor, and a rooftop terrace above that. The addition will not encroach further into the lake yard than the current home. However, the addition will create a new vertical encroachment into the average lakeshore setback as the addition is taller than the existing home. The subject property is over on hardcover at approximately 27.33%. The proposed project includes the removal of a shed and some walkways and will reduce the overall hardcover slightly with a total proposed hardcover of 26.72%. The applicant is requesting variances from average lakeshore setback, 75-foot lakeshore setback, hardcover to exceed 25%, hardcover within the 75-foot setback and side yard setback for the construction of an addition. Practical Difficulties Analysis Applicant Submittal Information: The applicant has identified the unique lot shape, substandard size of the lot and location of existing structure as practical difficulties. The lot is 0.46 acres in size when the LR-1B District requires a minimum 1-acre lot size. The current home is constructed within required setbacks and any expansion of the home requires multiple variances from City Code. The proposed project would expand the house footprint within the 75-foot lakeshore setback as well as require variances for average lakeshore setback, side yard setback and hardcover. The overall project will reduce the overall hardcover on the lot, but will still be over the maximum permitted. Planning Staff Practical Difficulty Analysis: The substandard lot, unique shape and position of the existing home on the property create practical difficulties. The subject property does not have a compliant building envelope with the LR-1B setback restrictions combined with the lakeshore setback requirements. Staff is partially supportive of the request. Staff believes there are practical difficulties and support the construction of an addition in the proposed location. The proposed addition does not encroach further into the lakeyard and maintains the existing setbacks as much as possible. However, the proposed addition is two stories with a third story of a rooftop deck. While the height of the addition meets the overall height limitation of 30 feet, the addition creates a new vertical encroachment into the average lakeshore setback and extends beyond the existing roofline. The intent of the average lakeshore setback Application Summary: The applicant is requesting variances for average lakeshore setback, 75-foot lakeshore setback, hardcover to exceed 25%, hardcover within the 75-foot lakeshore setback, and side yard setback for the construction of an addition to the home. Staff Recommendation: Planning Department Staff recommends denial as applied. FILE #LA22-000064 June 20, 2023 Page 2 of 6 ordinance is to preserve lake views for neighboring properties. The height of the new addition may impact the neighboring property’s lake views. Staff cannot support the height of the addition as it is not supported by practical difficulty and appears to be more out of convenience than a need. Staff is supportive of an overall decrease in hardcover; however, staff does not believe the applicant has accurately or thoughtfully proposed hardcover. There are several doors leading out to the yard without any patios, decks, or walkways proposed. Staff believes the plans do not accurately reflect the hardcover for the project and the overall hardcover need may be greater than what is proposed. Staff is not supportive of this application as applied due to the new second story and rooftop deck within the average lakeshore setback and hardcover encroachments. LOT ANALYSIS WORKSHEET Section 78-350 & 78-1279 – Setbacks: LR-1B District Required Existing Proposed Rear/Street 30’ 13.4 No Change North Side 10’ 8.5’ 8.2’ Lakeshore 75’ 41’ 41’ (Addition is 44’ at the closest point) Average Lakeshore Much of the existing single story home is in front of the ALS – the entire 2 story with roof top deck addition is in front of the ALS Section 78-350 – Lot Area/Width: LR-1B District Lot Area Lot Width Required 43,560 s.f. (1.0 acres) 140’ Actual 20,228 s.f. (0.46 acre) 318 @ 75’ / 280’ @ OHWL Section 78-1403 – Structural Building Coverage: Total Lot Area Total Structural Coverage 20,228 s.f. (0.46 acre) Allowed: 4,045.6 s.f. (20%) Existing: 2,896 s.f. (14.3%) Proposed: 3,172 s.f. (15.7%)* Section 78-1680 and 78-1700 – Hardcover Calculations: Stormwater Overlay District Tier Total Area in Zone Allowed Hardcover Existing Hardcover Proposed Hardcover Tier 1 20,228 s.f. 5,057 s.f. (25 %) 5,529 s.f. (27.33%) 5,405 s.f. * (26.72%) • The Planning Commission should ask the applicant about additional hardcover to account for and potential stoops or landings required for the project. Applicable Regulations: Average Lakeshore & 75-foot Lakeshore Setback Variances (Section 78-1279) Much of the existing home is situated lakeward of the average lakeshore setback and within the 75-foot lakeshore setback. The applicant is proposing to construct an addition on the north side of home. The addition is two stories with a rooftop terrace and an enclosed stairway for access above the second story. FILE #LA22-000064 June 20, 2023 Page 3 of 6 The new addition creates a new overall height of 30 feet for the home. The entire 344 square foot addition is within the 75-foot lake setback. However, it does not encroach any further into the lakeyard than the existing house. The entire addition is also in front of the average lakeshore setback line. The proposed addition protrudes beyond the existing height of the house by approximately 12 feet creating a new vertical encroachment into the average lakeshore setback. Hardcover Variance (Section 78-1700 and 78-1680) The property is approximately 0.46 acres in a one-acre minimum zoning district. The existing hardcover on the property is over the Tier 1 maximum of 25% total hardcover at 27.33% (78-1700). The proposed project will include an addition, but also the removal of a shed, deck and some walkways. The total proposed hardcover will be reduced to 26.72%. The proposed survey does not include any landings or hardscape near doors shown on the architectural plans. Staff has reason to believe the hardcover need may be greater than what is shown. The overall hardcover proposed is still over the maximum allowed and requires a variance. Additionally, City Code Section 78-1680 does not allow hardcover within the 75-foot lakeshore setback. Much of the existing home and the entire proposed addition is located within the 75- foot setback. The applicant is requesting a variance to allow an increase of approximately 70 square feet of hardcover within the 75-foot lake setback. The proposed addition will take the place of a deck and therefore change the nature of the hardcover as well. Side Setback Variance (Section 78-330) The existing home is situated on the property 8.5 feet from the side property line. The required side yard setback per the LR-1B District is 10 feet. The applicant is proposing to construct an addition in the same plane as the existing home. Due to the slight angle of the property line the proposed addition slightly decreases the setback to 8.2 feet from the side property line and therefore a variance is requested. Governing Regulation: Variance (Section 78-123) In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. §216C.06, subd. 14, when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. According to MN §462.357 Subd. 6(2) variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance. The subject property is uniquely shaped, substandard in area, and has no compliant building envelope. Much of the home is within the 75-foot lake setback and the average lakeshore setback. The proposed addition maintains the lakeyard setback. The proposal also decreases the overall hardcover as applied. These aspects of the application are in harmony with the Ordinance. However, the application proposes an increase in hardcover within the lakeyard and an addition that is taller than the existing home and therefore creating a new vertical encroachment in the FILE #LA22-000064 June 20, 2023 Page 4 of 6 average lakeshore setback. The addition of more hardcover within the protected lakeyard is not supported by the Ordinance. Also, the expansion of the second and third story rooftop terrace into the average lakeshore setback and potentially impacting the lake views for neighboring properties is not in harmony with the general intent and purpose of the Ordinance. Therefore, the application as proposed does not meet the intention of the Ordinance and the criterion is not met. 2. The variance is consistent with the comprehensive plan. The variances resulting in the construction of an addition to the existing single-family home is not consistent with the Comprehensive Plan. The applicant has not identified the necessary practical difficulties inherent to the land supporting their requests. This criterion is not met. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The construction of an addition to the home is reasonable, however the second story expansion for the addition is not reasonable. The proposed height creates a new vertical encroachment into the average lakeshore setback and is beyond the current roofline of the home. This criterion is not met. b. There are circumstances unique to the property not created by the landowner; The substandard lot size, unique lot shape, and location of the existing building on the property is unique to the property and not created by the property owner. This criterion is met. c. The variance will not alter the essential character of the locality. The proposed addition may impact the lake views of neighboring properties and expands the amount of hardcover within the lakeyard. This is not in character with the neighborhood. This criterion is not met. Additionally, City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination. 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 17, when in harmony with Orono City Code Chapter 78. This condition is not applicable. 6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located. This condition is not applicable, as a residential home is a permitted use in the LR-1B District. 7. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. This condition is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The substandard lot size, unique lot shape, and the location FILE #LA22-000064 June 20, 2023 Page 5 of 6 of the existing structures on the lot are unique conditions to this specific property. This criterion is met. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. While the surrounding properties are similar in size, the shape of the lot and location of the existing structures on the property are unique to the subject property. This criterion is met. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The existing home does not have a compliant building envelope and therefore any addition requires multiple variances. However, there is an existing home allowing for reasonable use of the property. This criterion is not met. 11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. Granting the requested variances may adversely impact the lake views of the neighboring property owner as the proposed addition is approximately 12 feet taller than the existing roofline and creating a new vertical encroachment into the average lakeshore setback. This criterion is not met. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The variances for the construction of a two-story addition with a rooftop terrace above the second story appear to serve more of a convenience than a necessity. Additionally, the plans depict exterior doors that would require additional hardcover within the 75’ lakeyard setback. This criterion is not met. The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Public Comments The applicant has provided acknowledgement forms from the neighbors found in Exhibit G. No other public comment has been received. Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? 2. Does the Planning Commission find that the variance (s), if granted, will not alter the essential character of the neighborhood? 3. Does the Planning Commission find the addition’s height is reasonable? 4. The Planning Commission should request additional information from the applicant regarding the hardcover plans within the 75’ lakeyard. Planning Staff Recommendation Planning Staff recommends denial of the application as applied. Staff is concerned with: 1. The overall height of the addition as it is a new vertical encroachment in the average lakeshore setback that may impact lake views. 2. The proposed hardcover within the 75-foot setback must be clarified. The plans indicate exterior doors on the addition that potentially require additional hardcover within the 75’ lakeyard setback that is not included in the submitted material. FILE #LA22-000064 June 20, 2023 Page 6 of 6 List of Exhibits Exhibit A. Application Exhibit B. Practical Difficulties Form Exhibit C. Survey Exhibit D. Narrative Exhibit E. Plans Exhibit F. Hardcover Information Exhibit G. Neighbor Acknowledgements Exhibit H. Mailing List & Map AGENDA ITEM Prepared By: Reviewed By: RJO Approved By: RJO 1. Purpose. The purpose of this action item is to amend Resolution 7374. 2. Background. At the June 12th council meeting the Council passed Resolution 7374 (Exhibit A). As the wording could be interpreted in ways not intended an amendment to clarify the council intent is proposed. 3. Staff Recommendation. I recommend amending the resolution as presented at Exhibit B. COUNCIL ACTION REQUESTED: Move to adopt resolution 7384 amending Resolution 7374. Exbibits A. Resolution 7374 B. Resolution 7384 (Draft) Item No. 15 Date: July 10, 2023 Item Description: Amendment to Resolution 7374 via Resolution 7384 Presenter: Soren Mattick, City Attorney Agenda Section: City Attorney Report tAr, CITY OF ORONO RESOLUTION OF THE CITY COUNCIL 1(L-. E No.7374 1 kEs I{00' RESOLUTION FOR THE REMOVAL NAVARRE SERVICE AREA FROM THE LONG LAKE FIRE DEPARTMENT SERVICE AREA AND RESUMPTION OF ORONO CONTROL AND OPERATION OF THE NAVARRE FIRE STATION WHEREAS,the City of Orono("City")must prepare for the end of the fire service contract with the Cities of Medina and Long Lake December 31,2025;and WHEREAS,the City must provide fire service coverage for its citizens;and WHEREAS,The City Council wishes to move forward with a phased approach to the establishment of Orono Fire Service beginning in July of 2024. WHEREAS,The Current Long Lake Fire Service Contact provides for the adjustment of the fire service area. WHEREAS,Navarre Fire Station(Station 2)was built for the sole purpose to service the citizens of Orono and the Station 2 call area;and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ORONO,MINNESOTA: 1. The City of Orono will assume responsibility for the Navarre Fire Service Area beginning on no later than July 1, 2024. Further City Staff is directed to formally notify Long Lake and Medina of this change by July 1,2023 per the current contract. 2. The City of Orono will resume responsibility for the operation and maintenance of the Navarre Fire Station no later than July 1,2024. Further City Staff is directed to formally notify Long Lake and Medina of this change by July 1,2023 and coordinate with the Long Lake Fire department for a smooth transition. ADOPTED this 12th day of June,2023,by the City Council of the City of Orono. CITY O t RONO Ain 1 laCe Ck-lr By: Dennis Walsh,Mayor A " EST:a________ Anna Carlson,City Clerk CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7384 RESOLUTION AMENDING RESOLUTION NO. 7374 WHEREAS, on June 12, 2023, the City Council of the City of Orono (“City Council”) adopted Resolution 7374, which is attached to this Resolution; and WHEREAS, the City Council desires to clarify its direction to City Staff concerning the Navarre Fire Station and the end of the Contract for Fire Protection between the City of Orono and the City of Long Lake; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ORONO, MINNESOTA: Paragraph No. 2 of Resolution No. 7374 is hereby amended to read as follows: 2. City Staff is directed to work collaboratively with City Staff from the City of Long Lake, including the Long Lake Fire Department, concerning the end of the City of Orono’s participation in the Contract for Fire Protection with the City of Long Lake and the City of Medina. Further, City Staff shall coordinate with the City Staff from the City of Long Lake, including the Long Lake Fire Department, to ensure a smooth transition pursuant to the terms of the Contract for Fire Protection, including the orderly disposition of major equipment and orderly transition of fire stations. ADOPTED this 10th day of July, 2023, by the City Council of the City of Orono. CITY OF ORONO By: _______________________________ Dennis Walsh, Mayor ATTEST: ______________________________ Anna Carlson, City Clerk AGENDA ITEM Prepared By: Reviewed By: A. Carlson Approved By: 1. Purpose. The purpose of the action item is to forecast future work session agendas. 2. Background / Summary. The Official Meetings Calendar Adopted by the Council establishes a work session meeting at 5 PM on the same days as regular council meetings which begin at 6 PM. 3. Next Work Session. Finance will provide an update on the 2024 budget process. 4. Proposed Future Topics. This is an opportunity for council members to propose and agree to future work session topics. 5. Work Session Items. The table below depicts topics for works sessions. Those shaded have already occurred. Those in the future are proposed. Date Subject Date Subject 9 Jan 23 -THC License discussion - Navarre Parking Lot Funding 10 Jul 23 Cannabis Legislation Update 23 Jan 23 None-Mtg Cancelled 24 Jul 23 - General Fund Budget Update 13 Feb 23 - Brush and Leaf Disposal - City Council -Staff Procedures 14 Aug 23 - Average Lakeshore Setbacks 27 Feb 23 - City Council -Staff Procedures - Park Commissioner interviews 28 Aug 23 - Enterprise Budgets Update 13 Mar 23 -No items -Cancelled 11 Sep 23 - Preliminary Levy/Budget 21 Mar 23 - Planning Commissioner interviews-if needed 25 Sep 23 10 Apr 23 - 2024 Street Maintenance 9 Oct 23 - CIP Update 24 Apr 23 - Retaining Wall Discussion - Planning & Park Commission Interview 23 Oct 23 - Draft Capital Improvement Plan 8 May 23 - 2024 Street Maintenance Part II - Draft Fire Needs Study Report 13 Nov 23 22 May 23 - Retaining Wall Discussion Part II 27 Nov 23 - Fee Schedule Update 12 Jun 23 - 4PM Start- Council Interviews - THC Legislation Update - Preliminary Budget Guidance 11 Dec 23 - Community Survey Discussion 26 Jun 23 - Preliminary Budget Guidance - - THC Legislation Update 6. Staff Recommendation. I recommend holding the next Work Session as scheduled. COUNCIL ACTION REQUESTED Move hold the next work session as scheduled. Item No.: 16 Date: July 10, 2023 Item Description: Next Work Session Draft Agenda Presenter: Adam T. Edwards City Administrator/City Engineer Agenda Section: City Administrators Report AGENDA ITEM Prepared By: Reviewed By: RJO Approved By: RJO 1. Purpose. The purpose of this action item is to amend Resolution No. 7378, the designated appointments for 2023. 2. Background. The resignation of Council Member Seals and appointment of a new council member to serve out the remainder of her term has created vacancies on the annual appointments. At the May 22 council meeting the council appointed Mayor Walsh to the Long Lake Fire Advisory Commission and the Fire Negotiating Committee. Further the council voted to create a Legal Committee and appointed Mayor Walsh and Council Member Johnson to it. At the June 26th Meeting Council directed replacing Mayor Walsh on the Fire Negotiating Committee and Fire Advisory Board with Council Member Veach. The council further indicated they would like to make some further adjustments at the July 10th Meeting. 3. Annual Appointments. The Current Resolution is at Exhibit A. A draft, with blanks, revised resolution is at Exhibit B. The following table summarizes changes needed and recently made to the annual appointments. Appointment Current Council Member Appointees Comment Fire Negotiating Committee Matt Johnson, Dennis Walsh, Maria Veach Council directed on June 26th. Long Lake Fire Advisory Commission Richard F. Crosby II, Dennis Walsh, Maria Veach Council directed on June 26th. Organization/Human Resources Committee Matt Johnson, Dennis Walsh, Maria Veach, Alisa Benson Proposed on July 10th 4. Council Committee Slate Summary. Council Member # of Committee Appointments Committee / Board/ Commission Budget Code Review Communications HRA Legal LL Fire Advisory Org./HR Fire Negotiating Parks Liaisons Police Advisory School District Walsh 8 X X X X X X X X Crosby 2 X X Johnson 5 X X X X X Benson 3 X X X Veach 7 X X X X X X X 5. Staff Recommendation. I recommend the appointments be distributed a evenly as possible. I recommend the School District Committee be eliminated as it has not met since 2017. I recommend the Parks Liaison/Representatives be eliminated as any council member can attend a Parks Commission meeting or liaise with the commissioners. COUNCIL ACTION REQUESTED: Decide on and then move to fill Vacancies on Annual appointments Resolution No. 7384 Exhibits Item No. 17 Date: July 10, 2023 Item Description: Approval of 2023 Annual Appointments – Resolution No. 7385 Presenter: Adam Edwards, City Administrator/ City Engineer Agenda Section: City Administrator Report AGENDA ITEM Prepared By: Reviewed By: RJO Approved By: RJO A. Current 2023 Annual Appointments Resolution B. Draft Amended 2023 Appointments j_ A ti CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO.7378 l kESuo ti AMENDING RESOLUTION NO. 7355 AND APPROVING A RESOLUTION DESIGNATING SELECTED APPOINTMENTS BE IT RESOLVED,by the City Council of the City of Orono,Minnesota that the appointments and designations for the year 2023 are as follows: APPOINTMENT/DESIGNATION Acting Mayor Richard F. Crosby II Association of Metropolitan Municipalities Legislative Contact Dennis Walsh Association of Metropolitan Municipalities Representative Adam Edwards Attorney-City Lead(Civil)Soren Mattick Attorney-City Firm(Civil)Campbell,Knutson Attorney-Alternate Dorsey&Whitney Attorney-Lead Prosecuting Tallen&Baertschi Attorney-City Prosecuting Firm Tallen&Baertschi Auditor Abdo Eich&Meyers, LLP Budget Committee Dennis Walsh Maria Veach Adam Edwards Ron Olson Code Review Committee Dennis Walsh Laura Oakden Matt Johnson Adam Edwards Communications Committee Dennis Walsh Maria Veach Adam Edwards Anna Carlson Data Practices Compliance Official Anna Carlson Data Practices Compliance Official—Police Department Correy Farniok CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 73 78 Development Review Committee Laura Oakden Melanie Curtis Natalie Nye Adam Edwards Emergency Preparedness Director Correy Farniok or designee Engineer-Lead Consulting David Martini Engineer-City Firm Bolton&Menk Fiscal Agents Ehlers&Associates Gillespie Center Dennis Walsh Hennepin Emergency Communications Organization Coney Farniok Housing and Redevelopment Authority Dennis Walsh, Chair Adam Edwards,Executive Director Richard F. Crosby II Matt Johnson Alisa Benson Maria Veach Ron Olson, Secretary Insurance Agent of Record Ronald Youngdahl,Northern Capital Lake Minnetonka Conservation District(LMCD) Richard Anderson Legal Committee Dennis Walsh Matt Johnson Long Lake Fire Advisory Commission Dennis Walsh Richard F. Crosby II Adam Edwards Ron Olson Mayor's Association Dennis Walsh Northwest Hennepin League of Municipalities Dennis Walsh Matt Johnson Official Newspaper The Laker& Pioneer CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 73 78 Official Depositories/Investment Vendors Bank Hapoalim-NY Bank United,Miami BMO Harris Bank-IL BMW Bank North Amer-UT Bridgewater Bank—Navarre,MN Capital One Bank-VA Citibank, SD US Comenity Bank-DE Enerbank USA—SLC,UT First Bank of Greenwich, CN Generations Bank-ARK Goldman Sachs Bank—New York,NY JP Morgan Chase- OH League of MN Cities—4M Fund Merrick Bank—UT Morgan Stanley PVT Preferred Bank-CA Progrowth Bank Popular Bank—NY US RBC Wealth Mgmt-MN Sallie Mae Bank—Salt Lake City,UT State Bank of India,NY Synchrony Bank—Draper,UT Truist Bank-NC UBS Bank USA—UT UBS Financial Services-Wayzata Wells Fargo Bank Nati Bank—Las Vegas Wells Fargo Bank-Advisors Organization/Human Resources Committee Maria Veach Matt Johnson Adam Edwards Ron Olson Fire Negotiating Committee Matt Johnson Dennis Walsh Adam Edwards James Van Eyll Orono Ice Arena Board Member Dennis Walsh Park Commission Chair Brian Roath CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 73 78 Park Commission Deputy Chair Cameron Porter Park Commission Representative Dennis Walsh Maria Veach Planning Commission Chair Alternating Planning Commission Representative to Council Alternating Police Advisory Commission Matt Johnson Alisa Benson Adam Edwards School District Committee Dennis Walsh Maria Veach Coney Farniok Adam Edwards Suburban Rate Authority David (DJ) Goman Transportation Committee Adam Edwards Coney Farniok Weed Inspector Dennis Walsh Weed Inspector-Assistant Josh Lemons Adopted by the City Council of the City of Orono, Minnesota, at a regular meeting held June 12, 2023. ATT ST: Anna Carlson, City Clerk Dennis Walsh,Mayor CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO.7385 AMENDING RESOLUTION NO. 7355 AND APPROVING A RESOLUTION DESIGNATING SELECTED APPOINTMENTS BE IT RESOLVED, by the City Council of the City of Orono, Minnesota that the appointments and designations for the year 2023 are as follows: APPOINTMENT/DESIGNATION Acting Mayor Richard F. Crosby II Association of Metropolitan Municipalities Legislative Contact Dennis Walsh Association of Metropolitan Municipalities Representative Adam Edwards Attorney-City Lead (Civil) Soren Mattick Attorney-City Firm (Civil) Campbell, Knutson Attorney-Alternate Dorsey & Whitney Attorney-Lead Prosecuting Tallen & Baertschi Attorney-City Prosecuting Firm Tallen & Baertschi Auditor Abdo Eich & Meyers, LLP Budget Committee Dennis Walsh Maria Veach Adam Edwards Ron Olson Code Review Committee Dennis Walsh Laura Oakden Matt Johnson Adam Edwards Communications Committee Dennis Walsh Maria Veach Adam Edwards Anna Carlson Data Practices Compliance Official Anna Carlson Data Practices Compliance Official – Police Department Correy Farniok CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7385 Development Review Committee Laura Oakden Melanie Curtis Natalie Nye Adam Edwards Emergency Preparedness Director Correy Farniok or designee Engineer-Lead Consulting David Martini Engineer-City Firm Bolton & Menk Fiscal Agents Ehlers & Associates Gillespie Center Dennis Walsh Hennepin Emergency Communications Organization Correy Farniok Housing and Redevelopment Authority Dennis Walsh, Chair Adam Edwards, Executive Director Richard F. Crosby II Matt Johnson Alisa Benson Maria Veach Ron Olson, Secretary Insurance Agent of Record Ronald Youngdahl, Northern Capital Lake Minnetonka Conservation District (LMCD) Richard Anderson Legal Committee Dennis Walsh Matt Johnson Long Lake Fire Advisory Commission Richard F. Crosby II Maria Veach Adam Edwards Ron Olson Mayor's Association Dennis Walsh Northwest Hennepin League of Municipalities Dennis Walsh Matt Johnson Official Newspaper The Laker & Pioneer CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7385 Official Depositories/Investment Vendors Bank Hapoalim - NY Bank United, Miami BMO Harris Bank - IL BMW Bank North Amer - UT Bridgewater Bank – Navarre, MN Capital One Bank - VA Citibank, SD US Comenity Bank - DE Enerbank USA – SLC, UT First Bank of Greenwich, CN Generations Bank - ARK Goldman Sachs Bank – New York, NY JP Morgan Chase - OH League of MN Cities – 4M Fund Merrick Bank – UT Morgan Stanley PVT Preferred Bank - CA Progrowth Bank Popular Bank – NY US RBC Wealth Mgmt - MN Sallie Mae Bank – Salt Lake City, UT State Bank of India, NY Synchrony Bank – Draper, UT Truist Bank - NC UBS Bank USA – UT UBS Financial Services - Wayzata Wells Fargo Bank Natl Bank – Las Vegas Wells Fargo Bank- Advisors Organization/Human Resources Committee Dennis Walsh Alisa Benson Adam Edwards Ron Olson Orono Fire Negotiating Committee Matt Johnson Maria Veach Adam Edwards James Van Eyll Orono Ice Arena Board Member Dennis Walsh Park Commission Chair Brian Roath CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7385 Park Commission Deputy Chair Cameron Porter Park Commission Representative Dennis Walsh Maria Veach Planning Commission Chair Alternating Planning Commission Representative to Council Alternating Police Advisory Commission Matt Johnson Alisa Benson Adam Edwards School District Committee Dennis Walsh Maria Veach Correy Farniok Adam Edwards Suburban Rate Authority David (DJ) Goman Transportation Committee Adam Edwards Correy Farniok Weed Inspector Dennis Walsh Weed Inspector-Assistant Josh Lemons Adopted by the City Council of the City of Orono, Minnesota, at a regular meeting held July 10, 2023. ATTEST: ___________________________________ _______________________________ Anna Carlson, City Clerk Dennis Walsh, Mayor AGENDA ITEM Prepared By: Reviewed By: RJO Approved By: RJO 1. Purpose. The purpose of this action item is to establish a standard label to be affixed to any document presented at council meetings by council members. 2. Background. At the June 26th council meeting Council Member Benson provided documents to the audience. Other council members expressed concern over this action. Council then voted to direct staff to develop a label that will be added to documents presented at council meetings by council members. 3. Draft Label. The following document(s) were prepared by council member ____________ in their individual capacity. The document(s) have not been reviewed or approved by the Orono City Council or City Staff. The representations contained in the documents represent the individual views of council member _________. 5. Staff Recommendation. This is a council directed item. COUNCIL ACTION REQUESTED: Move to approved the label at Paragraph 3 above to be used by council members when providing documents to the public at council meetings. Item No. 18 Date: July 10, 2023 Item Description: Council member provided document label. Presenter: Adam Edwards, City Administrator/ City Engineer Agenda Section: City Administrator Report