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10-09-2023 Council Packet
Agenda Council Meeting Monday, October 9, 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 September 25, 2023 2.City Council Work Session Minutes of September 25, 2023 3.Claims/Bills 4.Approval of Interfund Loan and Transfers 5.Approval of Non-Waiver of Tort Limits – Resolution No. 7412 6.Approval of Rental License 7.Approval of Next Work Session Agenda 8.Approval of MN Department of Public Safety Grant – Resolution No. 7413 9.Authorization to Hire Part-Time Firefighters 10.Authorization to Hire Paid-On-Call Firefighters 11.LA23-000047, Erica Hway, 2245 French Lake Road, Variances – Resolution No. 7414 12.LA23-000048, Sharratt Design, 3548 Ivy Place, Lot Area, Lot Width, and Hardcover Variances –Resolution No. 7408 13.LA23-000052, Revis Stephenson, 3760 Watertown Road, Variance – Resolution No. 7409 Community Development Report 14.LA23-000026, Eskuche Design o/b/o Dean & Heidi Martinson, 2605 North Shore Drive, Variances – Resolution No. 7410 15.LA23-000046, Rebecca Holzem, 3407 East Lake Street, Variance 16.LA23-000049, Stonewood o/b/o Michael Gorman, 3001 Casco Point Road, Average Lakeshore Setback Variance – Resolution No. 7411 Finance Report Parks Report 17. Events Sponsorship Program Fire Report 18. Authorization to Hire Paid-On-Call Firefighter 19.Authorization to Direct Staff to Begin Process for Creating a Fire Relief Association City Attorney Report City Administrator/Engineer Report Council Committee Reports 20. Long Lake Fire Advisory Board Agenda Council Meeting Monday, October 9, 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 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. Mayor/Council Report Closed Session 21. The meeting will be closed as permitted by the attorney-client privilege (section 13D.05, subdivision 3 (b)) to discuss litigation strategy regarding the following lawsuits: • The City of Long Lake vs. City of Orono • Jay Nygard vs. City of Orono, Soren Mattick Adjournment Upcoming Events 2023 10/16 Planning Commission Meeting, 6:00 p.m. 10/23 Council Work Session, 5:00 p.m. 10/23 Council Meeting, 6:00 p.m. 11/06 Park Commission Meeting, 6:00 p.m. 11/10 City Offices Closed 11/13 Council Work Session, 5:00 p.m. 11/13 Council Meeting, 6:00 p.m. 11/20 Planning Commission Meeting, 6:00 p.m. 11/23 City Offices Closed 11/24 City Offices Closed 11/27 Council Work Session, 5:00 p.m. 11/27 Council Meeting, 6:00 p.m. MINUTES OF THE ORONO CITY COUNCIL MEETING September 25, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 1 of 13 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, and Maria Veach. Absent: Richard Crosby III. Representing Staff were City Administrator/Engineer Adam Edwards, Finance Director Ron Olson, Community Development Director Laura Oakden, City Planner Melanie Curtis, City Planner Natalie Nye and Park Director Josh Lemons. Mayor Walsh called the meeting to order at 6:00 p.m., followed by the Pledge of Allegiance. APPROVAL OF AGENDA The agenda was approved by consensus. CONSENT AGENDA 1. CITY COUNCIL MEETING MINUTES OF SEPTEMBER 11, 2023 2. COUNCIL WORK SESSION MINUTES OF SEPTEMBER 11, 2023 3. CLAIMS/BILLS 4. APPROVAL OF RENTAL LICENSE 5. APPROVAL TO HIRE FULL TIME ADMINISTRATIVE ASSISTANT – JOSEPH RUTHENBERG 6. APPROVAL TO PROMOTE PUBLIC WORKS MAINTENANCE WORKER – JUSTIN MIELKE 7. APPROVAL TO HIRE FULL TIME PUBLIC WORKS MAINTENANCE WORKER – HUNTER GILLE 8. APPROVAL TO HIRE FULL TIME PUBLIC WORKS MAINTENANCE WORKER – SCOTT LORETZ 9. APPROVAL TO ACCEPT DONATION – PERMANENT COATING SOLUTIONS – RESOLUTION NO. 7395 10. APPROVAL OF NEXT WORK SESSION AGENDA 11. LA23-000042, ALISON HOUSTON, 4731 NORTH SHORE DRIVE, VARIANCE – RESOLUTION NO. 7404 This item was removed from the consent agenda. Johnson moved, Veach seconded, to approve the Consent Agenda with Item 11 removed. VOTE: Ayes 4, Nays 0. PRESENTATION MINUTES OF THE ORONO CITY COUNCIL MEETING September 25, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 2 of 13 12. HOPE CHEST FOR BREAST CANCER FOUNDATION Maureen Scallen Failor, Executive Director of the Hope Chest for Breast Cancer Foundation, gave a presentation to the City Council. She said she was the new director, having just passed six months. Prior to this position she worked with Chambers of Commerce for 15 years and she said she has a deep respect for City Council service. She came to put a face with the name and share about what is taking place over at the Foundation. She added she hoped they were all familiar with the retail store on Shoreline Drive. Hope Chest was funded under premise that no one should have to go through breast cancer alone. Funds are raised to help patients with basic necessities like gas and groceries, mortgage, car payments or rent. She said the Foundation’s grant recipients aren’t as lucky as she was when diagnosed with stage three lung cancer in 2001. She had great health insurance through her employer and time off from work. She explained the majority of their patients don’t have that as 78 percent are primary income earners; 73 percent have household incomes of less than $50,000; and 42 percent have incomes of less than $25,000. They have an average of four dependents. Hope Chest Foundation has been around since 2001, she said. Its founder, Barbara Hensley, felt very compelled to do something after losing two sisters to breast cancer in the 1990s when treatments were not what they are today. The first retail store was in the basement of Wayzata Community Church. Since its inception Hope Chest has made $2.5 million in patient grants and 5,700 individuals have received grants. Unfortunately, breast cancer is here to stay, she said, and the need is urgent and now. They feel very strongly about the importance of fundraising and the work done at retail store. Many organizations are seeking funding for a variety of needs and they can’t rest on their laurels, she said. Community outreach is important. They are seeing higher rates of cancer in women under 40 and it is important to promote mammograms. Early detection is the key. Of the patients served, 73 percent are from the metro area and the rest from outstate. She noted October is Breast Cancer Awareness Month and they have a number of events coming up. 13. MEDIACOM UPDATE Therese Sunde, Director of Government Relations for Mediacom, told the Council she was with Mediacom when they negotiated the franchise agreement when Orono decided to leave Lake Minnetonka Cable Commission and go on own. The agreement is up for renewal at the end of the year and can be amended or the City can do a five-year extension. The agreement is on cable TV only although Mediacom does have broadband. Orono does not have a local access channel through Mediacom, she said. Zach Raskovich, Director of Operations, said he came to this market in 2015 right after the agreement with Orono was made. He said investments in infrastructure have never stopped with continuous building out of fiber and coax for longer extensions into more remote areas. Maintenance really kicked off with COVID, he said, as people went to work at home and they had to deeply invest to meet the need. The City is a five percent partner, he said. Mediacom knows that the number of video customers is declining. It is a national trend, he said, as people turn to other ways to get TV service. Many cities are asking about how that impacts their budget. He said the internet side of business is his focus. COMMUNITY DEVELOPMENT REPORT 11. LA23-000042, ALISON HOUSTON, 4731 NORTH SHORE DRIVE, VARIANCE – RESOLUTION NO. 7404 MINUTES OF THE ORONO CITY COUNCIL MEETING September 25, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 3 of 13 City Planner Nye explained this is a variance for a bluff setback that the Council reviewed at its last meeting and approved with the stipulation that the build does not encroach any further into bluff. The applicant came back with a redesign of the project to meet that direction, she said. Benson said she asked to have it removed from the consent agenda because she voted against it last time because she was in agreement with staff to deny the application. Veach moved, Johnson seconded, to adopt LA22-000042, 4731 North Shore Drive, Variance – Resolution No. 7404. VOTE: Ayes 3, Nays 1 (Benson). 14. LA23-000026, ESKUCHE DESIGN O/B/O DAN MARTINSON & HEIDI MARTINSON, 2605 NORTH SHORE DR, VARIANCES City Planner Curtis said the application is for a house addition within the 75-foot lake setback, a new in- ground swimming pool, new retaining walls, a stone fence/wall, stairs, walkways, as well as a number of hardcover changes to the site within the 75-foot setback. Since the planning commission’s review, the applicant has made changes and submitted amended plans. Specifically, the addition to the home has been removed, the pool has been relocated to be behind the 75-foot setback from the lake but is still approximately 30-feet from the inlet, and some of the proposed hardcover improvements have been adjusted. The applicant is no longer proposing to enclose the area under the deck which would have been an enlargement of the building footprint. The planning commission requested clarification regarding the hardcover levels specifically within the 75-foot setback. The pool is set back 30 feet from the inlet and approximately 29 feet from the wetland where 75-foot (lake & inlet) and 25-foot (wetland) setbacks are required. The pool location has been adjusted within the existing driveway hardcover; however, the pool is a new accessory structure and is considered an expansion within the 75-foot setback. The pool patio is set back 19 feet from the inlet and 15 feet from the wetland where a 75-foot setback and/or 25-foot wetland setback are required. The “existing” boulder retaining walls on the lakeside of the home appear to have been recently installed in the place of the one-foot-tall timber border. The wall replacement approval may have been included in one of the previously approved variances for the property, however, there is no record of a permit for the new boulder walls. The approximately two-foot-tall boulder walls were replaced in a different location slightly further from the lake than the timber border. The boulder walls are an expansion of the existing condition in footprint, location, and height. The existing lake access stair is being replaced by a new stair 38 feet from the lake (this is a permitted improvement). The proposed driveway configuration has reverted back to the existing condition with a looped design. The walkway to the pool area has also been modified; and new hardcover expansions are proposed within the 75-foot setback including walkways, pool, and pool patio where no hardcover is permitted. On August 21, the Planning Commission held a public hearing. Following the public hearing, the Planning Commission voted 5 – 0 on a motion for denial as applied. The Commission provided specific feedback regarding the location of the pool. The Commission felt that it was important that the pool meet the 75-foot setback from the main open water of Lake Minnetonka, which resulted in the amended plans. No comments from the public were received on this application. Planning Staff recommends denial because it would be an accessory structure within the 75-foot setback. Peter Eskuche of Eskuche Design said the design takes the driveway area and converts it to a pool and adds an accessory garage to move the cars from the lake. The entire house is in the 75-foot setback so it is a difficult area to add any recreation, he said. The pool is proposed in an area that is already hard-cover. Planning Commission seemed to approve the pool if pushing it back to 75 feet from the lake. He said the retaining walls are needed but the applicant is willing to remove the six-foot tall stone wall. MINUTES OF THE ORONO CITY COUNCIL MEETING September 25, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 4 of 13 Johnson asked about hard cover being removed. Eskuche said a generator and air conditioner units are proposed to be moved to the right side of the house and that hardcover space used for a patio. He said when the applicants submitted for a variance three years ago all the walls toward the lake were timber with plastic underneath. That was all removed. The main thing is conversion of driveway to pool reducing hardcover by about 3.6 percent. Johnson noted there are a lot of moving parts to this proposal. There is a need to address walls that were put in without permits. Curtis explained the walls were allowed by the variance but did not have a permit and needs an after-the- fact permit. That is a staff action. Walsh said he has no problem converting hardcover but the pool would be the addition of a structure. Johnson said he thought the applicant did a better job of locating the pool where there is existing hardcover and removing other hardcover. When it comes to removal of air conditioners, he said he would support exchange of hardcover but not an addition. He would not have supported the six-foot wall, he said. Benson said she agreed with the staff’s recommendation to deny the application based on a lack of practical difficulty. Johnson moved, Veach seconded, to draft an approval resolution in part for LA23-000026, 2605 North Shore Drive, variances, to include the location of the pool, the removal of all the hardcover proposed to be removed and the moving of the air conditioner units, and denial of the six foot stone wall and any additional retaining walls and that the applicant provide an updated plan conforming to the approval. VOTE: Ayes 3, Nays 1 (Benson). 15. LA22-000064, LEBRISIA IVERSEN, 4448 NORTH SHORE DRIVE, VARIANCE – RESOLUTION NO. 7403 City Planner Nye said the City Council first reviewed this application at the July 10, 2023 City Council meeting. The Council reviewed a two-story addition with a rooftop terrace above the second story. The proposal also included a new deck on the lakeside of the home. The Council was not supportive of the project as applied and provided feedback to the applicant. The Council identified the difficulty of the small lot and working with a nonconforming building, however, the height of the addition was not supported due to the amount of massing. The Council did not support the new lake deck and stair as they were not in favor of any new expansion lakeward. The Council discussed some support of a one-story addition in the same footprint as the existing deck on the north side of the home. The initial application was not supported by staff and received a split recommendation from the Planning Commission with a vote of 2 to 3 to approve as applied. The applicant has chosen to amend their application by removing the proposed deck on the lake side of the home and reducing the height of the addition. The revised plans show a one-story addition with a similar footprint to that of the existing deck in that location. The addition has been reduced in height and size. However, the revised addition has a decreased side yard setback from the previous iteration. The applicant has provided a revised letter from that impacted MINUTES OF THE ORONO CITY COUNCIL MEETING September 25, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 5 of 13 neighbor indicating support of the revised plans. The proposed addition is four feet from the side property line matching the existing setback of the current deck. The previous plan had a proposed setback of 8.2 feet from the side property line. The revised plans decrease the overall height of the addition and have pulled the massing away from the lake. The revised plans have also further reduced hardcover by 86 square feet. The amended plans require variances from the average lakeshore setback, 75-foot setback, hardcover, hardcover within the 75-foot setback and side yard setback, however the overall impact of the addition from the lake has improved. Staff is supportive of the revised proposal due to the reduction in massing with the proposed one-story addition and the revised footprint of the addition as it is consistent with the existing deck and has overall less impact to the lake than the original proposal. Staff recommends approval of the amended plans because they have removed the lakeside deck and maintained the hardcover footprint and there are practical difficulties with the size of the lot. Andrew Iverson, the applicant, thanked Council members for doing a site visit and said they had tried to work within the recommendations and pulled back from some of the big dreams they had. The proposed addition covers the existing deck which is 50 years old. Johnson said he was concerned about the increase of structure in the setback. Walsh stated there was practical difficulty because of the size of the lot. It would not be possible to allow the height originally proposed, he added. Veach moved, Johnson seconded, to adopt LA22-000064, 4448 North Shore Drive, Variances, Resolution No. 7403. VOTE: Ayes 4, Nays 0. City Planner Oakden said coming to the end of summer the City is busy with permits and getting projects done. They are working on six proposals and legal notices and have been doing trainings in the department. RECESS & RECONVENE Mayor Walsh recessed the meeting at 7:20 p.m. The meeting was reconvened at 7:25 p.m. FINANCE DIRECTOR REPORT 16. REDUCE DEBT LEVY REQUIREMENT SERIES 2014A – RESOLUTION NO. 7405 Finance Director Olson said this action is a precursor to adopting the tax levy. According to law, the City has to budget 105 percent of requirements for debt levy. At the end of a debt fund’s life there is always money left over and the City can transfer the overage to the facilities fund levy. Benson said she understands the City typically waits until a debt is retired before moving any overages. This debt fund, she said, still has four or five years before it is paid off and she questions taking money from a fund where there is still debt to support the Fire Department. It would seem, she said, that the Fire Department cannot be funded without making these kinds of financial moves that have not been normal practice for the City. This transfer would not be necessary if not for standing up that department. She said she did not feel it is fiscally responsible to take money from a debt that still needs to be paid. MINUTES OF THE ORONO CITY COUNCIL MEETING September 25, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 6 of 13 Walsh said it is fiscally responsible to budget for equipment replacement on a regular basis and this has been done for police and public works. He said it is responsible when the City has money available in funds where it will not be used to budget for these purposes. Olson said the City still has the funds to pay what it owes on the 2014 bond and would be reducing the levy for it one time because of already having the funds. Walsh moved, Johnson seconded, to adopt Resolution No. 7405 for the Reduce Debt Levy Requirement Series 2014A. VOTE: Ayes 3, Nays 1 (Benson) 17. ADOPT 2024 PRELIMINARY TAX LEVY – RESOLUTION NO. 7406 Walsh explained that these are maximum amounts being adopted tonight. The City will adopt the final levy in December but cannot go higher than the amount set in September. Finance Director Olson added public comment would be received at the Truth in Taxation hearing on Nov. 27 and the final levy would be adopted at the Dec. 11, 2023 meeting. He took the Council through the proposed general fund revenue and expenditure budget/levy line by line in a Power Point. The overall increase is proposed at 4.94 percent. The preliminary levy proposed this evening is $9,415,100, he said, and compared to 2023 it is an increase of $1,028,100 or 12.3 percent. Benson said the total for Orono Fire is $1.4 million which is 15 percent of the total tax levy for 2024. She said portions of some other funds are also related to the Orono Fire Department. If the costs for the Fire Department were not in the budget, taxes would be reduced on each home, she said. Walsh said that is a good point. The City could also reduce the amount for roads or public works and taxes would go down, he said. The purchases for the Fire Department need to be made whether for a new Orono Fire Department or the Long Lake Fire Department because this has not been done, he said. Benson said she agrees that fire has been underfunded in the past but feels that could have been rectified without starting a new department. Johnson moved, Veach seconded, to adopt Resolution 7406 for the 2024 Preliminary Tax Levy. VOTE: Ayes 3, Nays 1 (Benson) 18. ADOPT 2024 PRELIMINARY GENERAL FUND BUDGET – RESOLUTION NO. 7407 Benson said again, this action to adopt the preliminary general fund budget includes the Orono Fire Department which is a costly venture directly impacting the general fund budget for 2024 including using a one-time public services grant. She explained how she arrived at the total for $1.4 million in the budget for the Fire Department. Walsh said the decision was made to allocate the grant to the Fire Department because the other departments are now properly funded and fire is where there is a need. Veach said she felt it was very important to bring up the real costs and the cost per household and be honest about it. She said the State of Minnesota ranks near the bottom of spending for Fire Departments. MINUTES OF THE ORONO CITY COUNCIL MEETING September 25, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 7 of 13 It is a department that has needed attention for a long time, but she thought it could have come about in a more smooth way. Walsh moved, Johnson seconded, to adopt Resolution 7407 for the 2024 Preliminary General Fund Budget. VOTE: Ayes 3, Nays 1 (Benson). 19. ADOPT 2024 LONG LAKE FIRE OPERATING BUDGET Finance Director Olson said the City had received a fire budget from Long Lake with a significant increase due to the use of duty crews. They are using a different model for duty crews than is planned in Orono, but it does result in an increase. Orono’s share of the 2024 budget as proposed is $665,097, an increase of $121,097 (22 percent) over the 2023 budget. Veach reported on the Fire Advisory Board meeting she had attended. She said Long Lake is using duty crews on certain days and it is enabling them to get a lot done around the fire hall when they are not on calls. It would cost about $85,000 to staff duty crews 80 percent of the time, according to the Long Lake Chief. There was discussion about the possibility of reducing costs by using the services of Orono Chief Van Eyll for some items like training, duty crew time and administration since he would already be paid by Orono. She said Long Lake is piloting the duty crew concept and the percentage of shifts covered by duty crews. Johnson said the two cities could still continue to explore ways to reduce the costs of the Long Lake Fire operating budget including having Van Eyll perform some tasks. Both said the meeting was positive and informative. Walsh said he would be in favor of tabling the 2024 Long Lake Fire Budget at this time so that more of these questions can be worked out. He noted that the Long Lake Chief has not appeared before the Orono Council. Benson said since the Long Lake Fire Department has been underfunded and will continue to serve Orono residents through the end of the contract she was comfortable with adopting the budget. Veach said there was agreement that more time will need to be put into the financial separation between the two departments, for example, for things like budgeting for the station. She said if the City tables this budget now it needs to be clear on what the open questions are. Johnson said it is important to continue to work through these questions before adopting the budget. Walsh said he thought Veach should recuse herself from voting on the budget since it includes officer pay and her husband is a fire fighter. That would only leave three votes at this meeting on this action item. The possibility of separating personnel costs from the rest of the budget and voting on two motions separately was briefly discussed. Benson said she was comfortable with the budget but can support tabling if others have more questions. Johnson moved, Walsh seconded, to table a decision on the 2024 Long Lake Fire Department budget. VOTE: Ayes 4, Nays 0. MINUTES OF THE ORONO CITY COUNCIL MEETING September 25, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 8 of 13 PARKS REPORT 20. RESOLUTION AUTHORIZING AN APPLICATION FOR A HENNEPIN COUNTY SPORTS FACILITY GRANT FOR HACKBERRY PARK – RESOLUTION NO. 7402 Park Director Lemons asked the City Council to approve by resolution an application for a Hennepin County sports facility grant for Hackberry Park. He said the maximum amount of the grant would be requested for parking, a t-ball field, multi-use sports field and drainage. The maximum amount would be $300,000 and require a 50 percent match. The total cost is estimated at $1.1 million. The City has a scope of the project but is still meeting with residents and the sports associations, he said. The plan is still developing at this point, but they know the scope of the project is those four items. Within the grant changes could still be made to configuration as long as those needs were covered. The application is due in mid-October. Benson said she had some comments after reading City and Parks notes since 2016 when the City purchased the house in the middle of the park. Youth sports groups have been engaged informally for years and needs for drainage and parking are known. What she didn’t see in those notes until recently was larger engagement of the community and surrounding neighbors. That began recently. She has not seen any savings in parks funds in seven years for these projects. It has not been budgeted for. The cost to the City and partnerships if the City received the grant would be over $800,000. There are many unknowns here, not the least of which is finances and there are still many concerns. She said she has concerns about applying for a grant when the City doesn’t have reserve funding for the City and partnership portions of the costs. She noted grants are a lot of work and there is only three weeks to apply. Items like drainage and trees could be addressed in the meantime. Walsh said this is a first step to move forward and have funds allocated. He said it is necessary to have something to move forward. In the past there has not been money budgeted for parks, he said, but that has changed under this Council. When the City would have access to the house in the park to remove it was also an unknown that prevented money from being set aside because it could have been years down the road. Veach moved, Johnson seconded, to adopt Resolution No. 7402 authorizing an application for a Hennepin County Sports Facility Grant for Hackberry Park. VOTE: Ayes 3, Nays 1 (Benson). 21. APPROVAL OF PICKLEBALL CONCEPT SERVICES Park Director Lemons said he was seeking approval for hiring Bolton and Menk to develop a concept for pickleball courts behind Fire Station One near the donation garden. The plan includes a timeline with an open house on the various concept designs with approval in February of next year. He said they were looking at something similar to what was proposed at the golf course with four to six pickleball courts. Veach asked what had happened to the idea of pickleball at the golf course. Lemons said an overwhelming majority of neighbors and golfers were opposed to adding pickleball to the golf course. It has been about two years since the City was first approached by residents about having pickleball courts in the community. After the golf course the Park Commission looked at two sites, Bederwood and the donation garden. Bederwood had a number of drawbacks including the need to move the playground. MINUTES OF THE ORONO CITY COUNCIL MEETING September 25, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 9 of 13 Veach said she was aware there were persons in the audience interested in this item and she asked to hear from them. Sandy Rasmsssen, 1186 Wildhurst Trail, said she is very involved in pickleball and is an alternate to the Park Commission. She said the unique thing about pickleball is that it is a drop-in sport. Players show up and rotate in and can be pretty much assured if you have courts, someone will be there and you can play. It has become an incredibly strong pickleball community and many of us are driving long distances to play outdoors, she said. The group is looking for bare bones, no lights or amenities, just courts and fencing. She said the new proposal is a great site and will bring more attention to community garden. There are few houses nearby but at Bederwood there would be more houses closer. They liked the idea of shared facilities at the park but the noise can be a deterrent, she said. The community is looking for an outdoor place to play without having to drive 20 miles and in her opinion this site is the second best next to the golf course. She added pickleball is played by a wide range of ages, not just older adults. It is a multi-generation sport. Michael Miller, 1987 Fagerness Point, said the proximity to fire station and City hall to the proposed site could offer the ability to have informal employee leagues. It could be a wellness program. Janie Delaney, 1315 Woodhill Avenue, said she is in favor of the donation garden area as a pickleball site but said the donation garden has been there since 2011 and she wants people to understand the volunteers use organic no-till farming methods so it’s not possible to just come in with a bobcat to move the garden. They have amended and added to the soil to keep microorganisms in. She is concerned about the displacement to the garden if there are four to six courts put in. She wanted the Council to consider what it means to significantly relocate the garden. She asked if they could you consider fewer courts there and putting others someplace else. She also said the City hasn’t looked enough at the other suggestions like working with the schools. She said maybe just draw it out on a napkin and see what everyone is thinking before spending money on a feasibility study. She cancelled an order for compost for the garden when she saw this item on the agenda and is concerned that they won’t be gardening next summer. It doesn’t impact just the volunteers but also local food shelves, churches and other charities that receive food donations, she said. It’s an important community outreach. Twice a week they have about 12 volunteers parking there and others are there almost every day. Last year the garden donated 2.5 tons of food and the need at the food shelves has almost doubled in the last few years, she said. Johnson said she raised good questions because the donation garden has a cycle and they need to know how it will be affected. He said he was glad she brought this up so that everyone understands what it would mean to move the garden. Walsh said he is a big supporter of the donation garden and pledged to work with them. Benson said she did not know that the donation garden serves that many people and organizations, so she was glad to know that. She said she was aware of interest in pickleball in the community for several years and supports community recreation but said the City has paid for concept plans for a couple of projects in recent years that have not come to fruition. There are real dollars being spent by the City of Orono in a lot of areas and the levy is increasing this year. A dollar is a dollar. passing To her contracting for a concept plan is an indication that the City is ready to fund this initiative and she doesn’t see the money is there to fund pickleball as much as many in the community wants it. She said she supports the playing of pickleball but also has questions about partnering with the school or other sites that would not impact the MINUTES OF THE ORONO CITY COUNCIL MEETING September 25, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 10 of 13 current budget. Benson said she is struggling with the number of projects the Council has said yes to in terms of concept plans for projects that they have not been able to bring forward. There are no costs known or planned donations and the project could also mean an impact on an existing activity in the donation garden. Walsh said the City is not struggling to fund its cash flow. Without doing these kinds of concept plans it can’t go forward and know costs and find funds, he said. Johnson pointed out the Parks Department has already put a lot of thought into this and recommendations have not been made on the fly. Gordy Stoffer, 190 Orchard Road and a member of the Parks Commission, said he appreciate the work and passion that has gone into this. It has gone on for a number of years and this is the best site they have found, he said. He said he hopes they can find a way to work with the donation garden and find a win- win. It’s a good site, he added, flat and maybe a fraction of the cost of the plan at the golf course. Johnson moved, Veach seconded, to approve hiring Bolton and Menk to do a Pickleball Concept Plan. VOTE: Ayes 3, Nays 1 (Benson). Lemons said the Parks Department is doing fall projects, pulling in docks, and getting the golf course ready for winter. Recent rain has helped. It is crunch time to get everything ready before the snow flies, he said. CITY ATTORNEY REPORT City Attorney Mattick was not present due to a personal emergency. CITY ADMINISTRATOR/ENGINEER REPORT 22. CITY CLERK RECRUITING AND TEMPORARY APPOINTMENT City Administrator Edwards said the City Clerk, Anna Carlson, has tendered her resignation and will be done October 12. She has accepted a position as a City Administrator at a neighboring City. He said she would be missed. He would like to appoint City Management Assistant Nola Dickhausen as acting clerk and initiate a recruitment process to fill the position. Johnson moved, Benson seconded, to accept the resignation of Anna Carlson, and approve the appointment of Nola Dickhausen as interim City clerk and authorize the initiation of a recruitment process. VOTE: Ayes 4, Nays 0. On the engineering side, he reported the Fox Street project has been completed. The Navarre parking lot is paved and striped. The shared project on Townline Road has a base coat of asphalt. ThefForce main project on Tonkawa is halfway done. There was a no cost change order on that project that he approved. COUNCIL COMMITTEE REPORTS 23. HR / ORGANIZATION COMMITTEE UPDATE MINUTES OF THE ORONO CITY COUNCIL MEETING September 25, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 11 of 13 Benson said the committee talked about changes in sick leave passed by the State effective January 1, 2024; the job description and scope of the park superintendent; custodial services starting with a seasonal position and looking to move into a full-time position, and changes to management and hours of the IT Department. More management and support is needed for IT. 24. LONG LAKE FIRE ADVISORY BOARD Veach said she had given that update earlier in the meeting. There are no more scheduled meetings this year although it was discussed that everyone is open to additional meetings. PUBLIC COMMENTS Kelly Prchal, 4705 Watertown Road, shares concerns about debt consolidation and the fiscal responsibility of starting a new Fire Department. She said there is no need to spend money on a new department. The City can continue to partner with Long Lake for consistent fire services for less money and have money for other things. Even at a significantly higher cost, response times cannot be improved undera new department over today’s response time, she said, and that concerns public safety. Since the Council is planning to serve all of the sprawling City from the old public works building, she does not see how that can improve response times. She asked for more visibility, adding other cities are joining forces. Orono is branching out on our own. Her concern is that Orono will not be a viable collaborative partner to other communities because of all the unrest on this issue. Residents need to be assured there will be viable fire service in 2025. She said the issues needs more public input and she hopes the City is headed into mediation the next day in good faith. Krista Berbig, 80 Valley View Road, Long Lake, said she finds this all disingenuous. On August 14, Crosby said there was discussion of hourly wages for fire fighters and it was discovered salaries were falling below average. She pointed to records from Fire Committee meetings stating that Crosby had changed his statements on the amount of hourly wages paid to Fire Department. At one point in Committee, he supported an amount in the neighborhood of $13.50 per hour and expressed frustration at proposals to raise fire fighter’s salaries since he didn’t make that much in his ten years on the department and said that fire fighters don’t do this job for the money and such a large increase would look suspect. At the August 14 City Council, meeting he claimed to have pushed for a $15.65 per hour wage, according to Berbig, but nowhere in the discussion at the committee level did he propose $15.65 per hour. Kelly Grady, 271 Greenhill Lane, Long Lake, said the City at the last meeting approved $2.6 million for fire trucks. The current budget is $550,000 for fire services and Orono is already over budget for this year. Not one person at the last Council meeting championed development of a new Fire Department. It is getting more expensive and it will be impossible to have certified fire fighters trained and ready to respond by July. Long Lake fire fighters do not want to be split up, she said. The response from Orono seemed to be ‘move on, get over it, the decision has been made’. This is not true. The next day the City was to participate in court-ordered mediation with the City of Long Lake. She said she was here to ask that as Orono goes into mediation it considers the wishes of the Long Lake Fire Department Relief Association. Grady read an excerpt from a June letter from the Relief Association stating their only request is to keep the Fire Department whole, preserve a successful department and combine resources and efforts. When cities work together citizens receive better, faster and more cost-effective services and MINUTES OF THE ORONO CITY COUNCIL MEETING September 25, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 12 of 13 that is industry best practice, the letter continued. She asked the Council to build upon the 108-year foundation of exemplary fire service go into mediation with open minds and consider the wishes of the volunteer fire fighters. She contended based on what Council members said tonight they cannot possibility be going into mediation in good faith. Through it all, she said, the Long Lake fire fighters have continued to serve the community and she asked the community to support the Long Lake Fire Department open house on October 9. Brad Erickson, Corcoran, said he thinks Mr. Crosby ought to be fired. Two meetings ago he at the very least compared Erickson to a Nazi. He asked when will someone speak out because this is becoming the official message of this City that it is okay to peddle in this stuff. He added Walsh started it, saying he doesn’t know why anyone would bring this up and state it from the Orono City Council table. Erickson said he had asked for them to sit down to discuss this, adding Crosby should apologize and be censured. Council Members are dug in on this Nazi stuff, he said. Crosby was out in Washington DC on a first amendment binge but somehow when he comes up to exercise his first amendment rights they have a problem with it. He asked when is he going to get an apology and are certain Council Members so radicalized they think this should be part of civic discourse. MAYOR/COUNCIL REPORT Benson said she does not make a habit of responding to public comments in her report but wanted to say she appreciates the comments made tonight. She denounces hate in any form and speaks for decorum in City Council meetings and does her best to abide by this. She attended the Wayzata Fire Department pancake breakfast and said it was wonderful to see communities coming together for positive reasons. Benson wished City Clerk Anna Carlson well and congratulated her on her new position. Veach also thanked Anna Carlson and said she has been great to work with since her days as an election judge. She wished her well in her new position. Veach said she was at the Fire Advisory Board meeting and can state that within 24 hours of that meeting, Crosby did reach out after putting in more thought about what he had said. She also mentioned the Fire Department open house on October 9. In her mind, there never was anything saying that Fire Department can’t stay together, she said. Johnson said he also wanted to congratulate Anna Carlson as she is very capable. With respect to the mediation the next day, he said he was going in good faith and with an open mind. He said he holds out hope that there is a path forward for both cities with a path of keeping the fire fighters together. If progress is being made it could be a multi-day mediation. He is concerned about needing an alternate if it goes for multiple days. Benson said she was not aware that the City was disclosing who was representing the City in mediation and that the City Attorney had advised them not to. Johnson said it has been open that he was attending mediation. Johnson moved, Walsh seconded, that the Council appoint Veach as an alternate for mediation in the event one of the two representatives could not make it. Vote: Ayes 4, Nayes 0. MINUTES OF THE ORONO CITY COUNCIL MEETING September 25, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 13 of 13 Johnson said he did not know where the idea comes from that the City cannot provide adequate service with a new department. This is not true, he said. The whole idea is to improve services that are consistent with the expectations of the residents, but it is more expensive. Walsh said Orono has a track record of funding services correctly and providing great service. He said he was looking forward to mediation the next day and is hopeful. He reported the Orono High School Football team was 3 and 0 after defeating Delano. Walsh thanked Anna Carlson and wished her well, saying Rockford would be in good hands because she is detailed, smart, and gets things done. He ended with a quote from Bud Grant. ADJOURNMENT Walsh moved Johnson seconded to adjourn the meeting. VOTE: Ayes 4, Nays 0. The meeting was adjourned at 9:50 p.m. ATTEST: _____________________________________ _______________________________________ Anna Carlson, City Clerk Dennis Walsh, Mayor Orono City Council Work Session Minutes Monday, September 25, 2023 Council Chambers 5:00 p.m. Page 1 of 1 PRESENT: Mayor Dennis Walsh, Council Members Richard F. Crosby II, Maria Veach and Matt Johnson. Staff members present were City Administrator Adam Edwards, Community Development Director Laura Oakden, and City Clerk Anna Carlson. 1. Recodification Update City Clerk Anna Carlson gave an update on the recodification project and explained a brief overview of the process. Meeting ended at 5:21 p.m. CITY OF ORONO: ATTEST: ________________________________ Dennis Walsh, Mayor _________________________________ Anna Carlson, City Clerk AGENDA ITEM Prepared By: AJ Reviewed By: AH Approved By: 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 122030 to 122108 and ACH transaction 20130387 to 20130391 totaling $1776524.51. 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: October 9, 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: 9/26/2023 - 10/9/2023 Oct 05, 2023 04:13PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount WAYTAS, HOPE 09/26/2023 121216 2023.05 WAY 101-32240 DOG PARK REFUND - IMCOMPLETE APPLICATI 40.00- Total 121216:40.00- Town & Country Fence 10/03/2023 121748 141152 101-43000-408 FRENCE REPAIR TASK 74773 Public Works Department 642.50- Total 121748:642.50- VILLAGE CHEVROLET 10/04/2023 122019 347633 101-45200-402 DASH SWITCH PD 843 Parks 22.02- Total 122019:22.02- UNITED STATES POSTAL SERVI 10/02/2023 122029 2023.09 UTIL 601-49400-322 09.2023 UTILITY BILLING 538.23 UNITED STATES POSTAL SERVI 10/02/2023 122029 2023.09 UTIL 602-49450-322 09.2023 UTILITY BILLING Sewer 538.23 UNITED STATES POSTAL SERVI 10/02/2023 122029 2023.09 UTIL 651-49910-322 09.2023 UTILITY BILLING Storm Water 538.23 Total 122029:1,614.69 ADVANCED IMAGING SOLUTIO 10/09/2023 122030 511914723 710-49970-413 PW COPIER LEASE 09/20/2023-10/20/2023 138.76 Total 122030:138.76 AMAZON CAPITAL SERVICE 10/09/2023 122031 19M7-7LQJ-710-49970-221 PHONE CASE, BATTERY, SCREEN PROT 64.54 AMAZON CAPITAL SERVICE 10/09/2023 122031 19V3-CHPL-101-43000-240 2032 BATTERY Public Works Department 16.00 AMAZON CAPITAL SERVICE 10/09/2023 122031 19V3-CHPL-101-43000-240 HITCH PINS Public Works Department 15.69 AMAZON CAPITAL SERVICE 10/09/2023 122031 19V3-CHPL-101-43000-240 EXTENSION CORDS Public Works Department 93.24 AMAZON CAPITAL SERVICE 10/09/2023 122031 19V3-CHPL-101-43000-222 TAIL LIGHTS UNIT 431 Public Works Department 97.90 AMAZON CAPITAL SERVICE 10/09/2023 122031 19V3-CHPL-101-45210-221 12V WIRELESS CONTROL SPRAYER PUMP Golf Course 34.99 AMAZON CAPITAL SERVICE 10/09/2023 122031 19V3-CHPL-101-45200-221 PARKS SPREADER Parks 35.75 AMAZON CAPITAL SERVICE 10/09/2023 122031 19V3-CHPL-101-43000-224 4.5" CUTTING WHEELS Public Works Department 51.97 AMAZON CAPITAL SERVICE 10/09/2023 122031 19V3-CHPL-101-43000-489 DISCOUNTS Public Works Department 19.58- Total 122031:390.50 AMERICAN ENGINEERING TES 10/09/2023 122032 INV-152710 440-48970-304 21-039 NEW PUBLIC WORKS FACILITY 7,898.05 Total 122032:7,898.05 BATTERIES PLUS 10/09/2023 122033 P65991540 602-49450-227 BATTERIES FOR LS'S Sewer 34.19 City of Orono Check Register - COUNCIL REPORT Page: 2 Check Issue Dates: 9/26/2023 - 10/9/2023 Oct 05, 2023 04:13PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 122033:34.19 BCA TRAINING & DEVELOPMEN 10/09/2023 122034 31476 101-42110-437 TRAINING/DMT/CARLSON Police Department 75.00 Total 122034:75.00 BITUMINOUS ROADWAYS INC 10/09/2023 122035 2023 TONKA 440-20600 22-021 TONKAWA FORCEMAIN REPLACEMENT 179,587.70 BITUMINOUS ROADWAYS INC 10/09/2023 122035 2023 TONKA 602-20600 22-021 TONKAWA FORCEMAIN REPLACEMENT 8,979.38- Total 122035:170,608.32 BLACK BEAR BUILDERS 10/09/2023 122036 09.2023 RAS 101-20802 PERMIT REFUND-RAS23-000063 60.38 Total 122036:60.38 BLADE, JULIE 10/09/2023 122037 2023.09.26 6 999-10015 UB REFUND - 653 SANDSTONE CIR 7.94 Total 122037:7.94 BOLTON & MENK INC.10/09/2023 122038 0321101 440-48975-304 21-039 PW FACILITY CONSTRUCTION 1,007.50 Total 122038:1,007.50 BOYER TRUCKS INC 10/09/2023 122039 093P1822 701-49800-215 CLUTCH ASY. UNIT 431 405.45 Total 122039:405.45 Bratt Tree Company 10/09/2023 122040 10122 - 2ND 101-43000-408 TREE REMOVAL IN ROW Public Works Department 2,500.00 Bratt Tree Company 10/09/2023 122040 11004 101-43000-408 TREE REMOVAL IN ROW Public Works Department 600.00 Total 122040:3,100.00 CARGILL SALT 10/09/2023 122041 2908645879 601-49400-216 SOFTENER SALT FOR WTR PLANT 6,083.91 CARGILL SALT 10/09/2023 122041 2908669007 101-43000-224 TREATED ROAD SALT - 2023-2023 SNOW SEAS Public Works Department 11,415.61 Total 122041:17,499.52 CENTERPOINT ENERGY MAIN 10/09/2023 122042 2023.09 137 602-49450-381 GAS SERVICES 1377 VINE PL 8/22/23-9/21/23-CR Sewer 20.13 CENTERPOINT ENERGY MAIN 10/09/2023 122042 2023-09 08/2 601-49400-381 GAS SERVICE 683.89 City of Orono Check Register - COUNCIL REPORT Page: 3 Check Issue Dates: 9/26/2023 - 10/9/2023 Oct 05, 2023 04:13PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount CENTERPOINT ENERGY MAIN 10/09/2023 122042 2023-09 08/2 602-49450-381 GAS SERVICE Sewer 410.42 CENTERPOINT ENERGY MAIN 10/09/2023 122042 2023-09 08/2 101-41900-381 GAS SERVICE Central Services 90.64 CENTERPOINT ENERGY MAIN 10/09/2023 122042 2023-09 08/2 101-42110-381 GAS SERVICE Police Department 51.59 CENTERPOINT ENERGY MAIN 10/09/2023 122042 2023-09 08/2 613-49830-381 GAS SERVICE Golf Course 27.79 Total 122042:1,284.46 CENTRAL PENSION FUND SOU 10/09/2023 122043 2023.05 PAY 101-21705 CENTRAL PENSION FUND 2023.05 PAYROLL 800.00 Total 122043:800.00 Century Link 10/09/2023 122044 2023.10 GOL 101-45210-321 GC PHONE/INTERNET Golf Course 233.96 Total 122044:233.96 CenturyLink 10/09/2023 122045 170665 614-49840-329 INTERNET 7/08/23-8/07/2023 LUMEN Cable Franchise 1,057.04 Total 122045:1,057.04 CHEVROLET OF WAYZATA 10/09/2023 122046 347633 - 2N 101-45200-402 DASH SWITCH PD 843 Parks 22.02 Total 122046:22.02 CITY OF BLOOMINGTON 10/09/2023 122047 22588 601-49400-489 WATER TESTING 36.00 Total 122047:36.00 CITY OF LONG LAKE 10/09/2023 122048 20230026 601-49400-387 4TH QTR 2023 WATER SERVICE 135,990.75 Total 122048:135,990.75 CITY OF MINNETONKA BEACH 10/09/2023 122049 07.01.23 - 09 602-49450-387 SEWER SERVICE 3RD QTR 2023 Sewer 199.50 Total 122049:199.50 CITY OF MONTICELLO 10/09/2023 122050 0026470 101-42110-318 ANIMAL CARE/SP DOG IMPOUND Police Department 388.00 Total 122050:388.00 City of Orono Utilities 10/09/2023 122051 2023.10 234 601-49400-382 2023-09 - UB - WTP 156.74 City of Orono Check Register - COUNCIL REPORT Page: 4 Check Issue Dates: 9/26/2023 - 10/9/2023 Oct 05, 2023 04:13PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount City of Orono Utilities 10/09/2023 122051 2023.10 265 101-45210-382 2023.09 GC Golf Course 73.65 City of Orono Utilities 10/09/2023 122051 2023.10 CH 101-41900-382 AUGUST 2023 UB - CH Central Services 696.65 City of Orono Utilities 10/09/2023 122051 2023.10 CH 101-42110-382 AUGUST 2023 UB - CH Police Department 696.65 City of Orono Utilities 10/09/2023 122051 2023.10 PO 101-41900-382 2023 - 08 UB - PO Central Services 86.37 City of Orono Utilities 10/09/2023 122051 2023.10 PW 101-41900-382 SEPT 2023 PW Central Services 443.63 Total 122051:2,153.69 CITY OF WAYZATA 10/09/2023 122052 2023 - SEPT 601-49400-387 SEPT 2023 WATER 5,258.75 CITY OF WAYZATA 10/09/2023 122052 2023 - SEPT 602-49450-387 SEPT 2023 SEWER Sewer 10,653.60 Total 122052:15,912.35 CIVICPLUS LLC 10/09/2023 122053 277495 614-49840-329 ONLINE CODE HOSTING Cable Franchise 275.00 Total 122053:275.00 CONTINENTAL RESEARCH CO 10/09/2023 122054 0048009 701-49800-213 GREASE 480.00 Total 122054:480.00 CORE & MAIN 10/09/2023 122055 T285872 601-49400-227 VALVE FOR STOCK 1,282.75 CORE & MAIN 10/09/2023 122055 T305065 601-49400-227 WATER REPAIR PARTS 1,905.00 Total 122055:3,187.75 CORE & MAIN LP 10/09/2023 122056 T545818 602-49450-406 LAKEVIEW TERRACE FORCEMAIN REPAIR Sewer 185.86 Total 122056:185.86 CORY PETERSEN 10/09/2023 122057 RPS22-0000 101-22205 ESCROW REFUND - RPS22-000016 1680 ORCHA 10,000.00 Total 122057:10,000.00 DAVID WEEKLY HOMES 10/09/2023 122058 RPS22-0000 101-22205 ESCROW REFUND - RPS22-000042 - 325 EAST B 10,000.00 Total 122058:10,000.00 DITTER INC.10/09/2023 122059 i17780 101-41900-404 FALL FURNACE MAINTENANCE Central Services 2,027.70 City of Orono Check Register - COUNCIL REPORT Page: 5 Check Issue Dates: 9/26/2023 - 10/9/2023 Oct 05, 2023 04:13PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 122059:2,027.70 DOUG DICKERSON 10/09/2023 122060 09.12.23 - LU 234-34781 REFUND - OVERPAYMENT 12.50 Total 122060:12.50 EBERT INC 10/09/2023 122061 PW PAY APP 440-48970-520 21-039 NEW PUBLIC WORK FACILITY CONSTRU 1,290,632.82 EBERT INC 10/09/2023 122061 PW PAY APP 440-20600 21-039 NEW PUBLIC WORK FACILITY CONSTRU 64,531.65- Total 122061:1,226,101.17 ECM PUBLISHERS INC 10/09/2023 122062 965888 101-41900-340 ADVERTISING Central Services 38.74 ECM PUBLISHERS INC 10/09/2023 122062 966036 101-41900-340 AD FOR SEASONAL SHOP FLEET HELP Central Services 129.20 ECM PUBLISHERS INC 10/09/2023 122062 966820 602-49450-352 PH - UB CERTIFICATION Sewer 67.68 Total 122062:235.62 FASTENAL COMPANY 10/09/2023 122063 MNPLY1425 701-49800-215 NUTS AND BOLTS 34.33 Total 122063:34.33 FERGUSON WATERWORKS #25 10/09/2023 122064 0517581 601-49400-227 METERS 762.36 FERGUSON WATERWORKS #25 10/09/2023 122064 0519254 601-49400-227 1" SWIVELS FOR RESALE 396.80 Total 122064:1,159.16 G&H Distributing & Supply Inc 10/09/2023 122065 00172592 701-49800-240 HYDRAULIC TESTING EQUIPMENT 307.56 Total 122065:307.56 GB AUTO SERVICE, INC 10/09/2023 122066 24658 701-49800-402 FRONT END ALIGNMENT UNIT 431 125.99 Total 122066:125.99 GENUINE PARTS COMPANY/NA 10/09/2023 122067 3270-582278 701-49800-215 PARTS FOR F350'S 700.77 Total 122067:700.77 GOPHER ACE 10/09/2023 122068 017623/1 101-43000-240 DRILL BIT Public Works Department 31.99 City of Orono Check Register - COUNCIL REPORT Page: 6 Check Issue Dates: 9/26/2023 - 10/9/2023 Oct 05, 2023 04:13PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount GOPHER ACE 10/09/2023 122068 017694/1 101-43000-221 BOLTS Public Works Department 2.72 GOPHER ACE 10/09/2023 122068 017699/1 101-42110-201 OFFICE SUPPLIES Police Department 127.02 GOPHER ACE 10/09/2023 122068 017707/1 101-43000-240 NEW CHAIN SAW Public Works Department 720.00 GOPHER ACE 10/09/2023 122068 17616/1 101-45200-223 CAUTION TAPE Parks 27.98 GOPHER ACE 10/09/2023 122068 17617/1 101-41900-223 CAULK FOR GUTTER Central Services 9.99 GOPHER ACE 10/09/2023 122068 17648/1 101-43000-224 PLUMBING Public Works Department 27.90 GOPHER ACE 10/09/2023 122068 17720/1 101-45200-223 ROPE Parks 30.00 GOPHER ACE 10/09/2023 122068 17743/1 101-41900-223 KEYS Central Services 4.98 Total 122068:982.58 GOPHER STATE ONE CALL 10/09/2023 122069 3090659 602-49450-227 SPLIT DISTRIBUTION Sewer 405.00 Total 122069:405.00 GREGERSON, ROSOW, JOHNS 10/09/2023 122070 48746 - SEP 101-41600-306 PROSECUTION SERVICES 9/2023 Law/Legal Services 3,258.35 Total 122070:3,258.35 HENTGES, ANNE 10/09/2023 122071 2023.09 MN 101-41500-331 MILEAGE 09/27/23-09/29/23 Finance Department 173.12 HENTGES, ANNE 10/09/2023 122071 2023.09 MN 101-42110-437 MNGFO LODGING 09/27/23-09/29/23 Police Department 272.42 Total 122071:445.54 JUMPPANEN, ALEX 10/09/2023 122072 RPS22-0001 101-22205 ESCROW REFUND - RPS22-000142 - 1940 LAKE 6,000.00 Total 122072:6,000.00 KENNETH BECK 10/09/2023 122073 09.2023 K B 101-42110-226 UNIFORMS/BECK INV Police Department 194.95 Total 122073:194.95 KIRVIDA FIRE 10/09/2023 122074 11759 101-42260-402 ANNUAL PUMPS TESTING Fire Protection Services 542.72 Total 122074:542.72 LARSON, BRETT 10/09/2023 122075 RPS22-0000 101-22205 ESCROW REFUND - RPS22-000088 2480 CARMA 9,000.00 Total 122075:9,000.00 City of Orono Check Register - COUNCIL REPORT Page: 7 Check Issue Dates: 9/26/2023 - 10/9/2023 Oct 05, 2023 04:13PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount LEAGUE OF MINNESOTA CITIE 10/09/2023 122076 2023 MEMB 101-41110-433 2023-2024 MEMBERSHIP - D. WALSH Mayor & Council 30.00 Total 122076:30.00 LEAGUE OF MN CITIES 10/09/2023 122077 2023-2024 M 101-41110-433 2023-2024 MEMBERSHIP DUES - CITY OF ORON Mayor & Council 9,423.00 Total 122077:9,423.00 MACQUEEN EQUIPMENT LLC 10/09/2023 122078 P20077 415-42260-550 FIRE HOSE FOR LADDER TRUCK 2,738.35 Total 122078:2,738.35 MANSFIELD OIL COMPANY 10/09/2023 122079 24653068 701-49800-212 DIESEL FUEL 900.28 MANSFIELD OIL COMPANY 10/09/2023 122079 24653645 701-49800-212 UNLEADED FUEL 3,601.89 MANSFIELD OIL COMPANY 10/09/2023 122079 24653705 701-49800-212 UNLEADED FUEL 1,113.16 Total 122079:5,615.33 METROPOLITAN COUNCIL ENVI 10/09/2023 122080 0001163225 602-49450-383 WASTWATER SERVICE 11/2023 Sewer 63,916.11 Total 122080:63,916.11 MIDWEST SEWER SERVICES 10/09/2023 122081 5809 101-42400-310 SEPTIC CONTRACTOR - PLAN REVIEW Building & Zoning 4,140.00 Total 122081:4,140.00 MINNEAPOLIS OXYGEN COMPA 10/09/2023 122082 00115907 101-43000-415 ACETYLENE, OXYGEN Public Works Department 68.31 MINNEAPOLIS OXYGEN COMPA 10/09/2023 122082 00115908 101-42110-221 MEDICAL OXYGEN Police Department 136.62 MINNEAPOLIS OXYGEN COMPA 10/09/2023 122082 00115909 101-42110-221 MEDICAL OXYGEN Police Department 19.77 Total 122082:224.70 NAPA Auto Parts 10/09/2023 122083 3270-581291 701-49800-215 BRAKES / ROTORS FOR SQUADS 1,203.40 NAPA Auto Parts 10/09/2023 122083 3270-581563 602-49450-240 SOCKET FOR SEWER CLEANOUTS Sewer 15.18 NAPA Auto Parts 10/09/2023 122083 3270-581665 701-49800-215 BATTERY FOR 421 153.75 NAPA Auto Parts 10/09/2023 122083 3270-581692 701-49800-215 BRAKES / ROTORS FOR SQUAD 268 694.56 NAPA Auto Parts 10/09/2023 122083 3270-581766 701-49800-215 FUILD FILTERS 8.88 NAPA Auto Parts 10/09/2023 122083 3270-581783 701-49800-215 FUEL FILTER, COOLANT GASKET 121.40 NAPA Auto Parts 10/09/2023 122083 3270582068 101-42110-402 SQUAD MAINT/PARTS Police Department 179.92 NAPA Auto Parts 10/09/2023 122083 3270-582102 101-42110-240 GARAGE SUPPLIES/REPAIRS Police Department 10.88 City of Orono Check Register - COUNCIL REPORT Page: 8 Check Issue Dates: 9/26/2023 - 10/9/2023 Oct 05, 2023 04:13PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 122083:2,387.97 NCPERS GROUP LIFE INS.10/09/2023 122084 6732001020 101-21710 PERA LIFE 10/2023 32.00 Total 122084:32.00 Newegg Business Inc 10/09/2023 122085 1304662912 710-49970-221 REPLACEMENT LAPTOPS 1,341.98 Newegg Business Inc 10/09/2023 122085 1304663031 710-49970-221 CABLES 15.00 Newegg Business Inc 10/09/2023 122085 1304664116 710-49970-221 DOCKING STATION 477.78 Total 122085:1,834.76 NOVA COMMUNICATIONS INC 10/09/2023 122086 IN-80009186 101-42110-321 PHONE SERVICE 10/23 Police Department 453.16 Total 122086:453.16 OFFICE DEPOT 10/09/2023 122087 3174973190 101-41900-201 NOTEBOOKS Central Services 25.94 OFFICE DEPOT 10/09/2023 122087 3354163840 101-41900-201 KITCHEN SUPPLIES Central Services 62.28 Total 122087:88.22 OPD BUSINESS SOLUTIONS LL 10/09/2023 122088 3174986860 101-41900-201 PRINTER PAPER, PINS Central Services 79.85 OPD BUSINESS SOLUTIONS LL 10/09/2023 122088 3209261200 101-41900-201 PRINTER INK Central Services 81.33 OPD BUSINESS SOLUTIONS LL 10/09/2023 122088 3322700140 101-41900-201 PRINTER INK Central Services 71.38 Total 122088:232.56 PALMER, DANIEL CLEMENT 10/09/2023 122089 2023.10 REI 703-49960-379 TRAILER REPAIR 404.45 Total 122089:404.45 PAUL SKOOG 10/09/2023 122090 LA23-000032 101-22205 ESCROW REFUND - LA23-000032 250 TONKA AV 700.00 Total 122090:700.00 PIRTEK PLYMOUTH INC 10/09/2023 122091 PL-T0001718 602-49450-403 VACTOR (713) HOSE REPAIR Sewer 309.51 Total 122091:309.51 City of Orono Check Register - COUNCIL REPORT Page: 9 Check Issue Dates: 9/26/2023 - 10/9/2023 Oct 05, 2023 04:13PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount SEH DESIGN BUILD INC.10/09/2023 122092 2409 601-49400-405 WATER TANK PAINTING AND MAINTENANCE PR 35,625.00 Total 122092:35,625.00 SiteOne Landscape Supply LLC 10/09/2023 122093 134779764-0 101-19999 IRRIGATION PARTS 459.85 Total 122093:459.85 STEVE FISHER 10/09/2023 122094 RPS22-0000 101-22205 ESCROW REFUND - RPS22-000088 - 2480 CARM 1,000.00 Total 122094:1,000.00 STREICHERS POLICE EQUIP 10/09/2023 122095 I1654128 101-42110-226 UNIFORMS/WIEBUSCH Police Department 82.98 STREICHERS POLICE EQUIP 10/09/2023 122095 I1654974 101-42110-226 UNIFORMS/HENNESSY Police Department 10.00 STREICHERS POLICE EQUIP 10/09/2023 122095 I1656083 101-42110-226 UNIFORMS/HENNESSY Police Department 90.00 STREICHERS POLICE EQUIP 10/09/2023 122095 I1656327 101-42110-228 AMMO/2022 ORDER/223 Police Department 4,219.20 Total 122095:4,402.18 Syn-Tech Systems 10/09/2023 122096 273567 701-49800-416 MAINTENANCE AGREEMENT FUEL SYSTEM - P 550.00 Total 122096:550.00 THOMAS REUTERS - WEST 10/09/2023 122097 849020905 101-42110-311 DATA PROCESSING/THOMSON REUTERS Police Department 302.99 Total 122097:302.99 TOLL GAS & WELDING SUPPLY 10/09/2023 122098 40182855 101-43000-415 CYLINDER & DEMURRAGE Public Works Department 12.30 Total 122098:12.30 TONY WITTKE 10/09/2023 122099 2023.09 T.WI 101-42110-226 UNIFORM/WITTKE DC Police Department 191.98 Total 122099:191.98 Town & Country Fence 10/09/2023 122100 141152 101-43000-408 FRENCE REPAIR TASK 74773 Public Works Department 642.50 Total 122100:642.50 U.S. AutoForce 10/09/2023 122101 INV0002098 701-49800-215 REPLACEMENT TIRE FOR SQ. 271 393.76 City of Orono Check Register - COUNCIL REPORT Page: 10 Check Issue Dates: 9/26/2023 - 10/9/2023 Oct 05, 2023 04:13PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 122101:393.76 UNIFIRST CORPORATION 10/09/2023 122102 1410013381 101-41900-223 LAUNDRY SERVICE Central Services 108.79 UNIFIRST CORPORATION 10/09/2023 122102 1410013383 602-49450-226 UNIFORMS PW-SEWER DEPT Sewer 37.05 UNIFIRST CORPORATION 10/09/2023 122102 1410013383 701-49800-226 UNIFORMS - FLEET 37.05 UNIFIRST CORPORATION 10/09/2023 122102 1410013383 101-43000-226 UNIFORMS - PW Public Works Department 37.05 UNIFIRST CORPORATION 10/09/2023 122102 1410013383 601-49400-226 UNIFORMS PW-WATER DEPT 37.05 UNIFIRST CORPORATION 10/09/2023 122102 1410013383 101-45210-226 UNIFORMS-GOLF COURSE Golf Course 37.05 UNIFIRST CORPORATION 10/09/2023 122102 1410013383 101-45200-226 UNIFORMS-PARKS Parks 37.05 UNIFIRST CORPORATION 10/09/2023 122102 1410013383 101-43000-404 RUGS - PW Public Works Department 26.13 UNIFIRST CORPORATION 10/09/2023 122102 1410013383 701-49800-221 SHOP TOWELS - PW 8.33 Total 122102:365.55 VERIZON WIRELESS 10/09/2023 122103 9944115148 101-41900-321 VERIZON BILL/ARLO CAMERAS Central Services 160.04 Total 122103:160.04 VESSCO INC 10/09/2023 122104 091969 601-49400-227 TUBE ELEMENT , MARPRENE 315.55 Total 122104:315.55 WAYTAS, HOPE 10/09/2023 122105 2023.09 WAY 101-32240 DOG PARK REFUND - IMCOMPLETE APPLICATI 40.00 Total 122105:40.00 WESTSIDE WHOLESALE TIRE 10/09/2023 122106 933014 701-49800-215 TIRES FOR 356 396.92 Total 122106:396.92 XCEL ENERGY 10/09/2023 122107 846710987 602-49450-381 3425 LYRIC Sewer 13.23 Total 122107:13.23 ZAYO GROUP LLC 10/09/2023 122108 19888104 101-45210-321 PHONE SERVICE 09/23/23-10/22/23 Golf Course 1,153.35 Total 122108:1,153.35 CARDMEMBER SERVICE 10/05/2023 201303 2023.09 710-49970-221 SQUAD PRINTER CABLES 20.31- City of Orono Check Register - COUNCIL REPORT Page: 11 Check Issue Dates: 9/26/2023 - 10/9/2023 Oct 05, 2023 04:13PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount CARDMEMBER SERVICE 10/09/2023 201303 2023.09 710-49970-221 SQUAD PRINTER CABLES 20.31 CARDMEMBER SERVICE 10/05/2023 201303 2023.09 AC 101-41110-439 COUNCIL MEETING FOOD Mayor & Council 135.74- CARDMEMBER SERVICE 10/09/2023 201303 2023.09 AC 101-41110-439 COUNCIL MEETING FOOD Mayor & Council 135.74 CARDMEMBER SERVICE 10/05/2023 201303 2023.09 AC 101-41300-439 STAFF DEVELOPMENT DAY Administration 63.36- CARDMEMBER SERVICE 10/09/2023 201303 2023.09 AC 101-41300-439 STAFF DEVELOPMENT DAY Administration 63.36 CARDMEMBER SERVICE 10/05/2023 201303 2023.09 AC 101-41900-340 COMMUNICATIONS - FIRE Central Services 13.83- CARDMEMBER SERVICE 10/09/2023 201303 2023.09 AC 101-41900-340 COMMUNICATIONS - FIRE Central Services 13.83 CARDMEMBER SERVICE 10/05/2023 201303 2023.09 AC 101-41300-437 STAFF DEVELOPMENT DAY Administration 1,444.06- CARDMEMBER SERVICE 10/09/2023 201303 2023.09 AC 101-41300-437 STAFF DEVELOPMENT DAY Administration 1,444.06 CARDMEMBER SERVICE 10/05/2023 201303 2023.09 AC 101-41110-439 COUNCIL MEETING FOOD Mayor & Council 5.99- CARDMEMBER SERVICE 10/09/2023 201303 2023.09 AC 101-41110-439 COUNCIL MEETING FOOD Mayor & Council 5.99 CARDMEMBER SERVICE 10/05/2023 201303 2023.09 AC 101-41110-439 COUNCIL MEETING FOOD Mayor & Council 159.00- CARDMEMBER SERVICE 10/09/2023 201303 2023.09 AC 101-41110-439 COUNCIL MEETING FOOD Mayor & Council 159.00 CARDMEMBER SERVICE 10/09/2023 201303 2023.09 AC 101-41110-439 MAYOR COFFEE Mayor & Council 27.98 CARDMEMBER SERVICE 10/05/2023 201303 2023.09 AC 101-41110-439 MAYOR COFFEE Mayor & Council 27.98- CARDMEMBER SERVICE 10/09/2023 201303 2023.09 AC 101-41300-489 STAFF- FUNERAL FLOWERS Administration 97.21 CARDMEMBER SERVICE 10/05/2023 201303 2023.09 AC 101-41300-489 STAFF- FUNERAL FLOWERS Administration 97.21- CARDMEMBER SERVICE 10/09/2023 201303 2023.09 AC 101-41300-489 STAFF- FUNERAL FLOWERS Administration 15.03 CARDMEMBER SERVICE 10/05/2023 201303 2023.09 AC 101-41300-489 STAFF- FUNERAL FLOWERS Administration 15.03- CARDMEMBER SERVICE 10/05/2023 201303 2023.09 AW 101-42110-437 TRAINING/OR TRAINING RELATED Police Department 553.21- CARDMEMBER SERVICE 10/09/2023 201303 2023.09 AW 101-42110-437 TRAINING/OR TRAINING RELATED Police Department 553.21 CARDMEMBER SERVICE 10/05/2023 201303 2023.09 BW 601-49400-322 SHIPPING WATER SAMPLE 58.66- CARDMEMBER SERVICE 10/09/2023 201303 2023.09 BW 601-49400-322 SHIPPING WATER SAMPLE 58.66 CARDMEMBER SERVICE 10/05/2023 201303 2023.09 BW 101-43000-489 FALL CLEANUP FOOD Public Works Department 94.72- CARDMEMBER SERVICE 10/09/2023 201303 2023.09 BW 101-43000-489 FALL CLEANUP FOOD Public Works Department 94.72 CARDMEMBER SERVICE 10/05/2023 201303 2023.09 CF 101-42110-402 CAR WASH ITEMS Police Department 36.41- CARDMEMBER SERVICE 10/09/2023 201303 2023.09 CF 101-42110-402 CAR WASH ITEMS Police Department 36.41 CARDMEMBER SERVICE 10/05/2023 201303 2023.09 CF 101-42110-201 FLOWERS - FUNERAL SILTALA MOTHER Police Department 150.33- CARDMEMBER SERVICE 10/09/2023 201303 2023.09 CF 101-42110-201 FLOWERS - FUNERAL SILTALA MOTHER Police Department 150.33 CARDMEMBER SERVICE 10/05/2023 201303 2023.09 CF 101-42110-433 MONTHLY SUBSCRIPTION - PELOTON Police Department 47.32- CARDMEMBER SERVICE 10/09/2023 201303 2023.09 CF 101-42110-433 MONTHLY SUBSCRIPTION - PELOTON Police Department 47.32 CARDMEMBER SERVICE 10/05/2023 201303 2023.09 RO 601-49400-322 UB ENVELOPES 129.00- CARDMEMBER SERVICE 10/09/2023 201303 2023.09 RO 601-49400-322 UB ENVELOPES 129.00 CARDMEMBER SERVICE 10/05/2023 201303 2023.09 RO 602-49450-322 UB ENVELOPES Sewer 129.00- CARDMEMBER SERVICE 10/09/2023 201303 2023.09 RO 602-49450-322 UB ENVELOPES Sewer 129.00 CARDMEMBER SERVICE 10/05/2023 201303 2023.09 RO 651-49910-322 UB ENVELOPES Storm Water 129.00- CARDMEMBER SERVICE 10/09/2023 201303 2023.09 RO 651-49910-322 UB ENVELOPES Storm Water 129.00 CARDMEMBER SERVICE 10/05/2023 201303 2023.09 SO 601-49400-405 ROW PERMIT 340.00- CARDMEMBER SERVICE 10/09/2023 201303 2023.09 SO 601-49400-405 ROW PERMIT 340.00 CARDMEMBER SERVICE 10/05/2023 201303 2023.09 SO 601-49400-322 SHIPPING WATER SAMPLE 29.11- City of Orono Check Register - COUNCIL REPORT Page: 12 Check Issue Dates: 9/26/2023 - 10/9/2023 Oct 05, 2023 04:13PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount CARDMEMBER SERVICE 10/09/2023 201303 2023.09 SO 601-49400-322 SHIPPING WATER SAMPLE 29.11 CARDMEMBER SERVICE 10/05/2023 201303 2023.09 SO 601-49400-322 SHIPPING WATER SAMPLE 2.33- CARDMEMBER SERVICE 10/09/2023 201303 2023.09 SO 601-49400-322 SHIPPING WATER SAMPLE 2.33 CARDMEMBER SERVICE 10/05/2023 201303 2023.09 SO 601-49400-322 SHIPPING WATER SAMPLE 9.20- CARDMEMBER SERVICE 10/09/2023 201303 2023.09 SO 601-49400-322 SHIPPING WATER SAMPLE 9.20 Total 20130386:.00 CIRCLE K 10/09/2023 201303 91268589 701-49800-212 NON OXY GAS FOR MIX (SMALLTOOLS)58.40 Total 20130387:58.40 HOME DEPOT CREDIT SERVIC 10/09/2023 201303 2023.09.20 - 101-41900-223 CLEANING SUPPLIES Central Services 265.40 HOME DEPOT CREDIT SERVIC 10/09/2023 201303 2023.09.20 - 101-43000-224 MAINTENCE SUPPLIES Public Works Department 529.34 HOME DEPOT CREDIT SERVIC 10/09/2023 201303 2023.09.20 - 101-43000-489 LATE FEES Public Works Department 29.00 Total 20130388:823.74 MEDSURETY LLC 10/09/2023 201303 26329 101-41900-319 VEBA/FSA/COBRA HSA FEES 10/23 Central Services 203.50 Total 20130389:203.50 PSN: PAYMENT SERVICE INVOI 10/09/2023 201303 284198 602-49450-312 SEWER FUND PSN FEES Sewer 479.35 PSN: PAYMENT SERVICE INVOI 10/09/2023 201303 284198 601-49400-312 WATER FUND PSN FEES 479.35 PSN: PAYMENT SERVICE INVOI 10/09/2023 201303 284325 101-41900-312 MISC PSN FEES Central Services 1.65 PSN: PAYMENT SERVICE INVOI 10/09/2023 201303 284472 101-41900-312 BUILDING PERMIT PSN FEES Central Services 12.10 Total 20130390:972.45 SQUARE SERVICES 10/09/2023 201303 2023.10.01 - 613-49830-312 TEAM FEE Golf Course 35.00 Total 20130391:35.00 Grand Totals: 1,776,524.51 AGENDA ITEM Prepared By: RJO Reviewed By: AMC Approved By: 1. Purpose. The purpose of this action item is to approve the 2023 Interfund Loan and Transfers. 2. Background / Summary. Each year the Council is requested to authorize transfer of monies between funds. These transactions fall into the following categories: A. Budgeted Transfers – Items designated in that year’s budget when originally adopted for the purpose of providing support from one fund to another. B. Fund Obligations i. Payments from one fund to another to reimburse expenses incurred by one fund on behalf of another. This is generally for City portions of special assessments, or for equipment capital outlay. ii. Loan payments from one fund to another. Loans are generally made to construction funds for the purpose of payment of expenses incurred prior to the sale of bonds and the levying of special assessments. In addition certain loans are necessary to fund major undertakings when the fund incurring the expense does not have adequate cash flow available to complete the project. 3. Staff Recommendation. Staff recommends approval of the 2023 Interfund Loan and Transfers as presented. COUNCIL ACTION REQUESTED Motion to approve the 2023 transfers and loan payments as presented on the attached schedule. Exhibits A. Schedule of 2023 Interfund Transfers and Loan Payments Item No.: 4 Date: October 9, 2023 Item Description: Approve 2023 Interfund Loan and Transfers Presenter: Ron Olson Finance Director Agenda Section: Consent Agenda City of Orono Schedule of 2023 Interfund Transfers and Loan Payments From To Amount Purpose General Improvement & Equipment Outlay 300,000.00$ Annual Operating Transfer for Capital Purchases General Fire Capital Fund 100,000.00$ Annual Operating Transfer for Fire Equip General Pavement Management 1,000,000.00$ Transfer 2020/2021 Excess Fund Balance Pavement Management General 1,284,952.00$ To repay 2020/2021 Interfund Loans AGENDA ITEM Prepared By: RJO Reviewed By: AMC Approved By: 1.Purpose. The purpose of this action item is to adopt a resolution making a selection not to waive the statutory tort limits for liability. 2.Background. Minnesota Statutes 466.04 limits a city’s tort liability to a maximum of $500,000 per claimant and $1,500,000 per occurrence. Because cities have the right to waive the liability limit, our insurance carrier, the League of Minnesota Cities Insurance Trust (LMCIT), requires that the City Council adopt a resolution stipulating whether the City will or will not waive the statutory limits under the laws. A waiver of the limits would result in increased liability exposure and an increase in premiums. 3.Cost. Because waiver of the statutory limits increases the amount that the LMCIT could potentially be responsible for, waiver of the limit will increase the city’s general liability insurance premium by approximately 3% ($4,500). The City also carries excess liability coverage in the amount of $3,000,000. A wavier of tort limits would increase this premium by 25% ($10,000). 4.Staff Recommendation. Staff recommends that the adoption of the resolution not to waive tort limits. COUNCIL ACTION REQUESTED Motion to adopt Resolution No. 7412, making a selection not to waive the statutory tort limits for liability purposes. Exhibits A.Tort Limit Waiver Form B.Resolution Item No.: 5 Date: October 9, 2023 Item Description: Non-Waiver of Tort Limits – Resolution 7412 Presenter: Ron Olson Finance Director Agenda Section: Consent Agenda LIABILITY COVERAGE – WAIVER FORM Members who obtain liability coverage through the League of Minnesota Cities Insurance Trust (LMCIT) must complete and return this form to LMCIT before the member’s effective date of coverage. Return completed form to your underwriter or email to pstech@lmc.org. The decision to waive or not waive the statutory tort limits must be made annually by the member’s governing body, in consultation with its attorney if necessary. Members who obtain liability coverage from LMCIT must decide whether to waive the statutory tort liability limits to the extent of the coverage purchased. The decision has the following effects: • If the member does not waive the statutory tort limits, an individual claimant could recover no more than $500,000 on any claim to which the statutory tort limits apply. The total all claimants could recover for a single occurrence to which the statutory tort limits apply would be limited to $1,500,000. These statutory tort limits would apply regardless of whether the member purchases the optional LMCIT excess liability coverage. • If the member waives the statutory tort limits and does not purchase excess liability coverage, a single claimant could recover up to $2,000,000 for a single occurrence (under the waive option, the tort cap liability limits are only waived to the extent of the member’s liability coverage limits, and the LMCIT per occurrence limit is $2,000,000). The total all claimants could recover for a single occurrence to which the statutory tort limits apply would also be limited to $2,000,000, regardless of the number of claimants. • If the member waives the statutory tort limits and purchases excess liability coverage, a single claimant could potentially recover an amount up to the limit of the coverage purchased. The total all claimants could recover for a single occurrence to which the statutory tort limits apply would also be limited to the amount of coverage purchased, regardless of the number of claimants. Claims to which the statutory municipal tort limits do not apply are not affected by this decision. 2 LMCIT Member Name: __________________________________________________________________________ Check one: o The member DOES NOT WAIVE the monetary limits on municipal tort liability established by Minn. Stat. § 466.04. o The member WAIVES the monetary limits on municipal tort liability established by Minn. Stat. § 466.04, to the extent of the limits of the liability coverage obtained from LMCIT. Date of member’s governing body meeting: _____________________________________________ Signature: Position: ________________________________ CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7412 A RESOLUTION MAKING A SELECTION NOT TO WAIVE THE STATUTORY TORT LIMITS FOR LIABILITY INSURANCE PURPOSES WHEREAS, pursuant to previous action taken, the League of Minnesota Cities Insurance Trust has asked the City to make an election with regards to waiving or not waiving its tort liability established by Minnesota Statutes 466.04; and WHEREAS, the choices available are as follows: to not waive the statutory tort limit, to waive the limit but to keep insurance coverage at the statutory limit, and to waive the limit and to add insurance to a new level. NOW, THEREFORE, BE IT RESOLVED that the Orono City Council does hereby elect not to waive the statutory tort liability limit established by Minnesota Statutes 466.04. Adopted by the City Council of the City of Orono, Minnesota, at a regular meeting held October 9, 2023. ATTEST: ________________________________ ________________________________ Anna Carlson, City Clerk Dennis Walsh, Mayor AGENDA ITEM Prepared By: A. Carlson Reviewed By: A.Carlson Approved By: 1. Purpose. The purpose of this action item is to approve rental licenses. 2. License Applicant(s) Name Address License # Period Lakes Real Estate Group LLC 3700 Livingston Avenue RL23-000014 January 1, 2023 to December 31, 2024 3. Staff Recommendation. Staff recommends approval of the rental licenses 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.: 6 Date: October 9, 2023 Item Description: Approval of Rental License Presenter: Anna Carlson City Clerk Agenda Section: Consent Agenda 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. Select department heads will provide an update on their proposed Capital Improvement Plans changes for 2024. 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 10 Jul 23 Cannabis Legislation Update 8 Jan 24 - 24 Jul 23 - General Fund Budget Update 22 Jan 24 - 14 Aug 23 - Average Lakeshore Setbacks 12 Feb 24 28 Aug 23 - Enterprise Budgets Update - UTVs on City Streets 26 Feb 24 - Parks and Planning Commissioner interviews-if needed 11 Sep 23 - Preliminary Levy/Budget 11 Mar 24 - 25 Sep 23 - Recodification update 25 Mar 24 9 Oct 23 - Draft Capital Improvement Plans 8 Apr 24 - 2025 Street Maintenance - 23 Oct 23 - Draft Capital Improvement Plans 22 Apr 24 - 13 Nov 23 - Average Lakeshore setback 13 May 24 - 27 Nov 23 - Fee Schedule Update 27 May 24 - 11 Dec 23 - Community Survey Discussion 10 Jun 24 - 24 Jun 24 - Preliminary Budget Guidance 6. Staff Recommendation. I recommend holding the next Work Session as scheduled. COUNCIL ACTION REQUESTED Move to hold the next work session as scheduled. Item No.: 7 Date: October 9, 2023 Item Description: Next Work Session Draft Agenda Presenter: Adam T. Edwards City Administrator/City Engineer Agenda Section: Consent Agenda AGENDA ITEM Prepared By: Correy Farniok Reviewed By: NJD Approved By: 1.Purpose. Driving problems and traffic concerns are among the most common complaints received by the Orono Police Department. The Orono Police Department believes that participation in the Toward Zero Deaths (TZD) Enforcement Program will provide increased traffic enforcement and safety awareness. TZD is a state program funded through grant money obtained by the MN Department of Public Safety. Participation in the program is expected to reduce the number of alcohol related traffic accidents, increase the use of seat belts and decrease distracted driving. 2.Partnership. Orono Police Department partner with Medina, Minnetrista, West Hennepin Department of Public Safety, Rogers, South Lake, Dayton, Deephaven and Corcoran Police Departments in implementing the TZD Program from October 2023 through September 2024. This will be our tenth year working with these departments. 3.Lead Agency. Orono Police Department will be the lead agency for the application and implementation of this grant and will be responsible for collection of invoices and the distribution/ reimbursement of funds to the other departments involved with this grant. 4.Staff Recommendation. I recommend Orono continue it participation in the TZD program, our partnership with our neighboring agencies and our continuation as the contract lead for the 2023-24 fiscal period. COUNCIL ACTION REQUESTED 1). Motion to Approve City of Orono’s participation in the Toward Zero Death Program and approval of Resolution 7413. Exhibits A.Grant Agreement B.Resolution 7406 Item No.: 8 Date: October 9, 2023 Item Description: Approval of MN Department of Public Safety Grant -Resolution No. 7413 Presenter: Correy Farniok Police Chief Agenda Section: Consent Grant Contract Agreement Page 1 of 2 DPS Grant Contract Agreement Non-State (rev. September 2022) Minnesota Department of Public Safety (“State”) Office of Traffic Safety 445 Minnesota Street, Suite 1620 Saint Paul, Minn., 55101 Grant Program: 2024 Enforcement Grant Contract Agreement No.: A-ENFRC24-2024-ORONOPD-050 Grantee: Orono Police Department 2730 Kelley Parkway Orono, Minn. 55356-0371 Grant Contract Agreement Term: Effective Date: Oct. 1, 2023 Expiration Date: Sept. 30, 2024 Grantee’s Authorized Representative: Officer Susan Schultz Orono Police Department 2730 Kelley Parkway Orono, Minn. 55356-0371 (652) 247-4700 sschultz@ci.orono.mn.us Grant Contract Agreement Amount: Original Agreement $ 201,300.00 Matching Requirement $ 500.00 State’s Authorized Representative: Shannon Grabow 445 Minnesota Street, Suite 1620 Saint Paul, Minn., 55101 (651) 373-9671 shannon.grabow@state.mn.us Federal Funding: CFDA/ALN: 20.616, 20.600 FAIN: 69A37523300004020MN0, 69A3752330000405HMN0 State Funding: Chap. 68, H.F.No.2887, Sec. 4 Public Safety, Subd. 5 Traffic Safety, targeted speed reduction efforts, increase traffic safety activity. Special Conditions: None Under Minn. Stat. § 299A.01, Subd 2 (4) the State is empowered to enter into this grant contract agreement. Term: The creation and validity of this grant contract agreement conforms with Minn. Stat. § 16B.98 Subdivision 5. Effective date is the date shown above or the date the State obtains all required signatures under Minn. Stat. § 16B.98, Subdivision 7, whichever is later. Once this grant contract agreement is fully executed, the Grantee may claim reimbursement for expenditures incurred pursuant to the Payment clause of this grant contract agreement. Reimbursements will only be made for those expenditures made according to the terms of this grant contract agreement. Expiration date is the date shown above or until all obligations have been satisfactorily fulfilled, whichever occurs first. The Grantee, who is not a state employee, will: Perform and accomplish such purposes and activities as specified herein and in the Grantee’s approved 2024 Enforcement Application “Application” which is incorporated by reference into this grant contract agreement and on file with the State at 445 Minnesota Street, Suite 1620, Saint Paul, Minnesota 55101. The Grantee shall also comply with all requirements referenced in the 2024 Enforcement Guidelines and Application which includes the Terms and Conditions and Grant Program Guidelines (https://app.dps.mn.gov/EGrants), which are incorporated by reference into this grant contract agreement. Budget Revisions: The breakdown of costs of the Grantee’s Budget is contained in Exhibit A, which is attached and incorporated into this grant contract agreement. As stated in the Grantee’s Application and Grant Program Guidelines, the Grantee will submit a written change request for any substitution of budget items or any deviation and in accordance with the Grant Program Guidelines. Requests must be approved prior to any expenditure by the Grantee. Grant Contract Agreement Page 2 of 2 DPS Grant Contract Agreement Non-State (rev. September 2022) Matching Requirements: (If applicable.) As stated in the Grantee’s Application, the Grantee certifies that the matching requirement will be met by the Grantee. Payment: As stated in the Grantee’s Application and Grant Program Guidance, the State will promptly pay the Grantee after the Grantee presents an invoice for the services actually performed and the State's Authorized Representative accepts the invoiced services and in accordance with the Grant Program Guidelines. Payment will not be made if the Grantee has not satisfied reporting requirements. Certification Regarding Lobbying: (If applicable.) Grantees receiving federal funds over $100,000.00 must complete and return the Certification Regarding Lobbying form provided by the State to the Grantee. 1. ENCUMBRANCE VERIFICATION 3. STATE AGENCY Individual certifies that funds have been encumbered as required by Minn. Stat. § 16A.15. Signed: _____________________________________________ (with delegated authority) Signed: _____________________________________________ Title: ______________________________________________ Date: _______________________________________________ Date: ______________________________________________ Grant Contract Agreement No./ P.O. No. A-ENFRC24-2024-ORONOPD-050 / 300091172 Project No.(indicate N/A if not applicable): 24-04-01 2. GRANTEE The Grantee certifies that the appropriate person(s) have executed the grant contract agreement on behalf of the Grantee as required by applicable articles, bylaws, resolutions, or ordinances. Signed: _____________________________________________ Print Name: __________________________________________ Title: _______________________________________________ Date: _______________________________________________ Signed: ______________________________________________ Print Name: __________________________________________ Title: ________________________________________________ Date: ________________________________________________ Signed: ______________________________________________ Print Name: __________________________________________ Distribution: DPS/FAS Title: ________________________________________________ Grantee State’s Authorized Representative Date: ________________________________________________ CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7413 RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT BE IT RESOLVED, that ORONO POLICE DEPARTMENT enter into a grant agreement with the Minnesota Department of Public Safety, for traffic safety enforcement projects during the period from October 1, 2023 through September 30, 2024. Chief Correy Farniok is hereby authorized to execute such agreements and amendments as are necessary to implement the project on behalf of the ORONO POLICE DEPARTMENT and to be the fiscal agent and administer the grant. I certify that the above resolution was adopted by the City Council of Orono, Minnesota on October 9, 2023. CITY OF ORONO By: _____________________________ Dennis Walsh, Mayor ATTEST: By: ______________________________ Anna Carlson, City Clerk AGENDA ITEM Prepared By: JVE Reviewed By: AMC Approved By: 1. Purpose. The purpose of this action item is to gain approval to hire Part Time Firefighters for Weekday Daytime Duty Crew. 2. Background. The Orono Fire Department is currently seeking part time firefighters for our weekday daytime duty crew to cover our Station 2 call area. 3. Selection Process. The selection process for the position involved advertising the position, application screening, and an interview. The interview was conducted by the Fire Chief and other city employees. The applicant must successfully complete a Psychological Exam, a Physical (Pre-employment medical) exam and a probationary period. All applicants will have to pass a background check performed by the Orono Police Department. 4. Recommended Candidates. Shea Chwialkowski has experience as a firefighter with another city. He has passed Firefighter 1 and 2 and are either EMT or EMR. Nate Weber and Kayla Kennedy are just starting their firefighter careers with the Orono Fire Department. Nate is currently enrolled in firefighting classes with Century College and Kayla is enrolled in an EMT Class and will move into the firefighter classes after the first of the year. All are excited to become charter members of the Orono Fire Department and look forward to creating the best department and relief association. 5. Recommended Compensation. I recommend Shea Chwialkowski, Nate Weber and Kayla Kennedy receive conditional job offers as part time firefighters with an effective start date of October 10, 2023 for limited administrative time and duties. Firefighter training and other such duties will begin on January 1, 2024 a. Pay. Starting rate of $20.00/hour. b. Benefits: Police and Fire PERA c. Conditions: Passing a physical exam, psychological exam, EMT and firefighter classes COUNCIL ACTION REQUESTED Motion to approve the conditional job offers to Shea Chwialkowski, Nate Weber and Kayla Kennedy as a part time firefighter at the rate of $20.00 per hour with a start date of October 10, 2023. Item No.: 9 Date: October 9, 2023 Item Description: Authorization to Hire Part Time Firefighters Presenter: James Van Eyll Fire Chief Agenda Section: Consent Agenda AGENDA ITEM Prepared By: JVE Reviewed By: NJD Approved By: 1. Purpose. The purpose of this action item is to gain approval to hire Paid-On-Call Firefighters for response at Station 2. 2. Background. The Orono Fire Department is currently seeking paid-on-call firefighters to cover our Station 2 call area. 3. Selection Process. The selection process for the position involved advertising the position, application screening, and an interview. The interview was conducted by the Fire Chief and other city employees. The applicant must successfully complete a Psychological Exam, a Physical (Pre-employment medical) exam and a probationary period. All applicants will have to pass a background check performed by the Orono Police Department. If the applicant is serving as a firefighter covering the City of Orono, then we waved the psychological and physical exams. 4. Recommended Candidates. Jeff Krahl, Ryan Kanive, JB Seals, Justin Hinker, Mike Johnsrud, Ben Carlson and Tom Aldrich have experience as a firefighter with another department. All have passed Firefighter 1 and 2 and are either EMT or EMR. All are excited to become charter members of the Orono Fire Department and look forward to creating the best department and relief association. 5. Recommended Compensation. I recommend Jeff Krahl with 19 years serving Orono, Ryan Kanive with 13 years serving Orono, JB Seals with 5 years serving Orono, Justin Hinker with 2 years serving Orono, Mike Johnsrud with 2 years serving Orono, Ben Carlson with 2 years serving Orono and Tom Aldrich with 34 years serving Orono conditional job offers as paid-on- call firefighters with an effective start date of October 10, 2023 for limited administrative time and duties. Firefighter training and other such duties will begin on January 1, 2024 a. Pay. Starting rate of $16.00/hour. b. Benefits: Relief Association to be determined c. Conditions: Passing background check COUNCIL ACTION REQUESTED Motion to approve the conditional job offers to Jeff Krahl, Ryan Kanive, JB Seals, Justin Hinker, Mike Johnsrud, Ben Carlson and Tom Aldrich as a paid-on-call firefighter at the rate of $16.00 per hour with a start date of October 10, 2023. Item No.: 10 Date: October 9, 2023 Item Description: Authorization to Hire Paid-On-Call Firefighters Presenter: James Van Eyll Fire Chief Agenda Section: Consent Agenda AGENDA ITEM Prepared By: NAN Reviewed By: LLO Approved By: 1.Purpose. This application is regarding variances from the 150-foot lake setback, hardcover within the 150-foot lake setback, and retaining walls within the 150-foot lake setback. 2.MN§15.99 Application Deadline. The application was received August 23, 2023 and considered to be complete on September 1, 2023. Therefore the 60-Day review period expires on October 31, 2023. 3.Background/ Summary. The applicant is proposing to demolish the existing home and construct a new home on the lot in a similar location. The existing home does not meet the required 150-foot lake setback from French Lake. The proposed home will be approximately 2,000 square feet smaller in footprint and will maintain the same setback of 125 feet. The smaller footprint allows much of the massing of the house within the 150-foot lake setback to be removed. The proposal also includes a patio and a pool. The pool and patio are partially located where the existing home sits today. The proposed patio will maintain a similar setback to that of the existing patio, with a small decrease in setback due to the patio being squared off. The proposed patio will be 103 feet from the OHWL and the current patio is 108 feet from the OHWL. The project will reduce the overall hardcover on the property, however since there is new hardcover within the lake setback, a variance is being requested. Additionally, the applicant is proposing several retaining walls within the lake setback to support the patio and pool, which are not permitted without a variance. There are nonconforming elements on the site, including a tennis court, that is proposing to remain. The applicant has listed practical difficulties to include the existing conditions of the site, location of existing home, location of existing septic system and the existing topography. The overall project requires variances from the 105-foot lake setback, hardcover within the lake setback and retaining wall within the lake setback. 4.Planning Commission Vote and Comment. On September 18, 2023, the Planning Commission held a public hearing. The Commission reviewed the application and noted the site constraints of the lot, location of the septic areas, the smaller house footprint and the overall hardcover on the site will be reduced. The Planning Commission voted 6 to 0 on a motion to approve the requested variances as applied. Video of the Planning Commission meeting is at available on the city website to refence the discussion. 5.Public Comment. The applicant has provided neighbor acknowledgment forms which were not included in the original Planning Commission packet, these can be found in Exhibit D. No other public comment has been received. 6.Staff Recommendation. Staff recommends approval. COUNCIL ACTION REQUESTED Motion to adopt Resolution No. 7414 Exhibits A.Draft Resolution No. 7414 B.Proposed Plans C.Neighbor Acknowledgment Forms Item No.: 11 Date: October 9, 2023 Item Description: LA23-000047, Erica Hway, 2245 French Lake Road Variances – Resolution No. 7414 Presenter: Natalie Nye Planner Agenda Section: Consent Agenda AGENDA ITEM Prepared By: NAN Reviewed By: LLO Approved By: D. PC Staff Report 9/18/2023 References PC Exhibits 9/18/2023 A. Application B. Practical Difficulties Form C. Narrative D. Proposed Survey E. Existing Survey F. Plans G. Hardcover Calculations H. Aerial Image I. Property Owners List and Map CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7414 1 A RESOLUTION APPROVING VARIANCES FROM MUNICIPAL ZONING CODE SECTIONS 78-1279 & 78-1680 FILE NO. LA23-000039 WHEREAS, Erica Hway o/b/o the property owner (hereinafter the “Applicant”), applied for variances from the City Code for the property addressed 2245 French Lake Road and legally described as: Lot 1, Block 1 Johnston’s French Lake, Hennepin County, Minnesota (hereinafter the “Property”); WHEREAS, the Applicant has applied to the City of Orono for variances from City Code Section 78-1279 to allow the construction of a new home and accessory structures including a pool and retaining walls within a required lake setback; and WHEREAS, the Applicant has applied to the City of Orono for a hardcover variance from City Code Section 78-1680 in order to construct a new home and hardcover within a required lake setback; and WHEREAS, on September 18, 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 September 18, 2023, the Planning Commission voted 6 to 0 in favor of a motion to recommend approval of the variances as applied; and WHEREAS, on October 9, 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 #LA23-000047. The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the above mentioned CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7414 2 meetings, and any and all other materials distributed at these meetings are hereby incorporated by reference. 2.The Property is located in the RR-1B One Family Rural Residential Zoning District. 3.The Property contains 110,178 square feet in area and has a defined lot width of 432 feet at the 75- foot lakeshore setback and a lot width of 416 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.150-foot lake setback b.Hardcover within the lake 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 . . . .” Much of the existing home is located within the 150-foot lake setback. Therefore, the current property has hardcover within the required lake setback as well. The applicant is proposing to demolish the existing home and construct a new, smaller home in a similar location. The new home will maintain the existing setback of 125 feet from the OHWL. The proposed patio will also maintain a similar location to the existing patio, with a slightly reduced setback due to the new patio being a different shape. The new patio will require some retaining walls within the lake setback. The placement of the new home on the lot is limited by the existing topography, tree coverage, and existing improvements. The applicant is preserving the existing septic system and is proposing to keep certain elements of the site including a detached garage and tennis court. The construction of a new home is in harmony with the general intent of the Ordinance due to the practical difficulties of the property’s existing conditions. This criterion is met. 2. “Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan.” The variances resulting in a new single-family home is consistent with the Comprehensive Plan. The applicant has identified necessary practical difficulties inherent to the land supporting their requests. The overall reduction in total hardcover and bringing much of the massing of the CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7414 3 home away from the lake are in line with the goals of 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 construction of a new single-family home is a reasonable use of the property. The proposed home is over 2,000 square feet smaller in footprint than the existing home and there is an overall reduction in hardcover. This criterion is met. b.The plight of the landowner is due to circumstances unique to his property not created by the landowner. The existing house was not built by the current owners. The existing conditions of the lot including the location of the existing structures and improvements were not created by the new landowner. Additionally, the topography and vegetation further limit the placement of a new home and that is not a circumstance created by the landowner; and c.The variance, if granted, will not alter the essential character of the locality.” The proposed variances resulting in the construction of a new single-family home is supported by practical difficulties and will not alter the character of the area. The proposed home is smaller in size and the overall hardcover is reduced. The setbacks from the lake remain similar to that of the existing home and improvements. The average lakeshore setback is also conforming for this property. 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 home is a permitted use in the RR-1B District. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7414 4 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 existing conditions of the property including the existing location of structures, septic system, topography and vegetation 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 topography 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 is in a nonconforming location. The proposal is to construct a new single-family home in a similar location and maintain the current setbacks. However, the house size will be reduced and the overall hardcover will be reduced on the site. 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 variances will not adversely impact health, safety, comfort, or morals of the community. 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 variances allow for the construction of a new home in a similar location to that of the existing home. This criterion is met. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants variances to Orono Municipal Zoning Code Sections 78-1279 and 78-1680 to allow the construction of a new single family home with exceptions to build within the required 150-foot lake setback including new hardcover and retaining walls within the lake setback 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 & B. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7414 5 3.Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. 4.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 (October 9, 2024). 5.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 9th day of October, 2023. ATTEST: CITY OF ORONO: _______________________________ ________________________________ Anna Carlson, City Clerk Dennis Walsh, Mayor 28" 945.5 22" 945.4 14" 945.8 T tped E Elec. Box 947.5945.8 943.6 941.2 6" 940.010" 939.1 /hse 10" 938.78" 938.7 10" 938.110" 937.85" cluster 937.8 938.4 937.6 937.7 938.9 940.4 941.5 943.7 20" 943.4 28" 942.5 16" 941.5939.4 937.0 936.9 936.7 937.3 24" 937.724" 938.5 935.6 cmp inv=935.00 cmp inv=935.58 14" 938.86" 938.3 14" 936.8 6" 938.1 18" 938.0 14" 938.3 5" 937.8 943.8 944.0 945.6 945.6 14" 944.28" 943.8 6" 944.6 " 944.0 4" 942.614" 942.1 8" 942.8 24" 943.8 14" 945.3 7" 943.2 18" 940.1 18" 942.9 18" 944.1 12" 946.0 7" 947.5 12" 944.3 18" 945.7 937.0 941.1 937.1 936.8 12" 943.312" 942.0 6" 941.3 6" 941.48" 941.5 10" 941.8 18" 943.7 12" 943.910" 943.9 5" 940.714" 940.9 10" 944.3 10" 943.512" 943.7 12" 943.18" 942.5 5" 940.314" 940.010" 939.05" 939.3 8" 940.6 8" 944.610" 945.516" 945.48" 945.24" 944.912" 945.08" 944.518" 944.3 6" 944.4 940.1 12" 940.2 939.7 A/C GGas Meter 944.7 946.4 946.5 944.3 GGas Meter EElec. Meter 940.4 942.9 940.0 938.2 18" 940.112" 940.010" 940.7 938.6 943.0 944.4944.3 946.2 945.5 944.9 944.3 945.5 944.7 940.9 34" 940.9 934.0 Septic Inspection Pipe 941.3 940.7 945.1 940.4 939.8 939.4 937.6 941.1 943.6 945.2 944.6 940.2 6" 934.2 12" 934.3 8" 939.210" 937.718" 934.5 10" 933.6 931.9 26" 936.1 940.0 943.1 944.1 944.9 943.6 939.4 937.2935.4 931.1 938.9 939.3 945.6 940.2 935.9 934.5 933.0 936.3 937.9 938.6 939.7 939.4 939.5 34" 945.7 946.9 12" 946.3 26" 946.9 947.5 24.252.424.3 52.612.6 12.610.8S u r v e y - l i n e W O O D E DW O O D E DT R E E L I N E9" CMP F R E N C H L A K E R O A D 934 94 2 942 944 946 944 942 940 938 936 940 944 940946 94 0 932 942 942 946944 9.8N 02°39'46" E 264.94 Meas. 265.00 PlatS 01°50'00" E 210.00S 76° 2 8 ' 4 8 " E 7 3 . 9 6 44±5 5573.9153.1 165.0 P a t i o P a t i o Conc. pad Conc. Walk 24'0"0'10"6'0"18'10"20'0"9'10 3/4"14'1 1/4"3'4"16' 1"4'10 3/4"1'11 1/2"14'0"32'0"14'0"12'0"5'0"6'0"34'0"8'0"6'0"12'0"22'0"12'0"2'0"24'0"Building Dimensions shown per Cadd File cantilever Pool 150.0102.7125.4109.9150.0945.5945.0 938.0 936.2 946.0945.5 930.5 930.2 930.2 930.6 930.4 930.3 932.0 930.1 945.3 930.8 931.6 931.2 932.0 931.7 931.2 931.3 931.5 931.4 931.1 931.3 931.9 931.2 930.5 931.1 930.8 931.4 W Well 945.8 945.7945.6 937.4 937.0 937.0 936.8 936.8 936.3944.5 944.4 944.4 944.3942.6 930.7 38.248.9' Not to Scale45.7AVERAGE LAKE SHORE S E T B A C K L I N E Garage tw938.4 bw937.1 tw938.9 bw937.0 Shed D e c k D e c kT i m b e r sG a r d e nC h a i n - L i n k F e n c eF e n c eP o s t / R a i lB i t u m i n o u s T i m b e r W a l l S 6 1 ° 0 0 ' 0 0 " E 4 5 . 0 0 S 74° 0 0 ' 0 0 " E 6 0 . 0 0 S 82°00'00" E 6 0 . 0 0 N 68°0 0' 0 0 " E 5 0. 0 0 N 86°40'00" E 84.22 N 73°30' 0 0 " E 114.69 M e a s . 1 1 5 . 0 0 P l a t F r e n c h L a k e OHW = 930.0 (Per MN DNR) As Measured 05/02/2023 = 930.26 N 88°06'58" E 169.53 Meas. 170.00 Plat N 66° 2 4' 0 6 " E 1 9 0 . 2 9 M e a s . 1 9 0 . 0 0 Pl a t Drainage & Utility Easement W e t l a n d W e t l a n d Wetland Delineation by Kjolhaug Environmental Servies Company dated 07/10/2023 T e n n i s C o u r t Proposed Residence tw945.0bw942.5tw941.9bw938.0Egress Well tw941.6bw938.0tw944.0bw942.0940 942 944 tw939.5 bw938.0942 938 9 4 0 9 4 2 944 O.H.W. Line Septic Septic B l d g D e c k Note: Deck location not to scale B l d g D e c k proposed top mound Septic 944.4 proposed top mound Septic 943.1 proposed top mound Septic 940.8 P o r c h F:\survey\johnstons french lake - hennepin\1-1 johnstons french lake - hennepin\01 Surveying - 90348\01 CAD\01 Source\01 Survey Base.dwg Basis for bearings is assumed Surveyors Certificate 000.0 x000.0 Proposed Hardcover Total Lot Lot Area 110,178 sq ft House 3,080 sq ft Existing Garage 1,273 sq ft Existing Shed 136 sq ft Concrete Walk 142 sq ft Concrete pad rear 16 sq ft Deck 582 sq ft Patio including Pool 2,532 sq ft Patio allowance -100 sq ft Tennis Court 7,776 sq ft Shed Deck 129 sq ft Pavers 508 sq ft Deck by Lake 133 sq ft Driveway 5,012 sq ft Total 21,219 sq ft Percentage 19.26% Denotes Wood Hub Set for excavation only Denotes Existing Elevation Denotes Proposed Elevation Denotes Surface Drainage Denotes Iron Monument Denotes Found Iron Monument Denotes Proposed Contours Denotes Existing Contours Drawn By Signed Gregory R. Prasch, Minn. Reg. No. 24992 Scale: 1" = 30' F.B.No. Project No.I certify that this survey, plan, or report was prepared by me or under my direct supervision and that I am a duly Licensed Land Surveyor under the laws of the State of Minnesota rev Address: 7601 73rd Avenue North Minneapolis, Minnesota 55428 (763) 560-3093 DemarcInc.com 90348A 1131-44 Site Plan Survey For: 2245 French Lake Road Orono, MN Surveyed this 10th day of August 2023. LANDSCHUTE GROUP Lot 1, Block 1 JOHNSTON'S FRENCH LAKE Hennepin County, Minnesota Property located in Section 32, Township 117, Range 21, Hennepin County, Minnesota Property Zoned RR-1B, One Family Rural Residential Building Setback Requirements Front = 50 feet Side Interior = 30 feet Side Street = 30 feet Rear = 50 feet OHWL = 150* Wetland = 25 or MCWD Buffer *OHWL setback is determined by the classification of the lake as defined in section 78-1217 and the applied minimum setback from the OHWL as outlined in section 78-1279. Legal Description French Lake Located in Flood Zone "A" per FEMA Map 27053C0304F dated 11/04/2016 05.05.23 wetland 05.22.23 tennis court 07.18.23 wetland delineation Proposed Garage Floor Proposed Basement Floor Type of Building Proposed First Floor Elevation NOTE: Proposed grades are subject to results of soil tests. Proposed building information must be checked with approved building plan and development or grading plan before excavation and construction. Proposed grades shown on this survey are interpolations of proposed contours from the drainage, grading and/or development plans. NOTE: The relationship between proposed floor elevations to be verified by builder. NOTE: The only easements shown are from plats of record or information provided by client. Full Basement Walkout 936.67 945.5 946.69 Setbacks to OHW 2285 French Lake Road = 45.7 feet to Deck 2245 French Lake Road = 109.9 feet to Deck 2195 French Lake Road = 38.2 feet to Deck Average Setback = 64.6 feet 2195 French Lake Road 2285 French Lake Road Cut & Fill Calculations Cut Fill Total Net 668 Cubic Yards 214 Cubic Yards 455 Cut Cubic Yards Disturbed Area = 15,810 Sq. Ft. 08.17.23 Average Lake Shore Setback Line’. Denotes Tree to be Removed 08.22.23 Trees to be removed Proposed Hardcover within 150' setback Area Below Setback 64,958 sq ft Patio/Steps 2,397 sq ft Patio allowance -100 sq ft House 901 sq ft Conc. pad 16 sq ft Driveway 595 sq ft Existing Tennis Court 6,261 sq ft Total 10,070 sq ft Percentage 15.50% 08.30.23 city comments REV DESCRIPTION ISSUE DATE ISSUED FOR 02 8/22/23 Variance Submission All ideas, designs, plans and specifications are the property of The Landschute Group, Inc. This copyrighted plan is an instrument of service to be used only by Landschute as it constructs the project for its client. Any other use is unauthorized and strictly prohibited (without Landschute’s express written permission) and subject to copyright protection under Section 102 of the Copyright Act, 17 U.S.C., as amended December 1, 1990, known as the Architectural Works Copyright Protection Act of 1990. Protection includes but is not limited to overall form as well as the arrangement of spaces and details of the design. Under such protection, unauthorized use of these plans, or works resulting from these plans, can result in the termination and loss of such construction as well as fines up to $100,000 per offense. A0.01 Cover Sheet SHEET NAME SCALE AS INDICATED 202 Water St. #202 Excelsior, MN 55331 (952) 470-7416 Builder License: BC002303 © 2023 ARCHITECT & BUILDER COPYRIGHT NOTICE PROJECT CURRENT REVISIONS ISSUE HISTORY PRINTED DATE: 8/22/23 DRAWN BY: ELH HULL RESIDENCE PROJECT ADDRESS 2245 French Lake Road Orono, MN 55391 New Home CLIENT NAME Leigh and John Hull SHEET INDEX General Drawings Architectural Site Plans Plans - New Construction Elevations A0.01 A0.02 A0.03 AS1.01 AS1.02 A1.01 A1.02 A1.03 A1.04 A2.01 A2.02 Cover Sheet Symbols & General Notes Existing Photos Architectural Site Plan Enlarged Site Analysis Lower Level Plan Main Level Plan Upper Level Plan Roof Plan Exterior Elevations Exterior Elevations PROJECT INFORMATION OCCUPANCY: IRC-1, SINGLE-FAMILY DWELLING ZONING DISTRICT: RR-1B - One Family Rural Residential TOTAL BUILDING AREA FLOOR Lower Level, Finished Area Main Level, Finished Area Second Level, Finished Area AREA 1,144 2,002 1,003 4,149 ft² NOT TO SCALE 1 Exterior Perspective (From Driveway) NOT TO SCALE 2 Exterior Perspective (From Lake) SCALE: 1" = 50' 3 Location Map 0 20'50'100' N REV DESCRIPTION ISSUE DATE ISSUED FOR 02 8/22/23 Variance Submission All ideas, designs, plans and specifications are the property of The Landschute Group, Inc. This copyrighted plan is an instrument of service to be used only by Landschute as it constructs the project for its client. Any other use is unauthorized and strictly prohibited (without Landschute’s express written permission) and subject to copyright protection under Section 102 of the Copyright Act, 17 U.S.C., as amended December 1, 1990, known as the Architectural Works Copyright Protection Act of 1990. Protection includes but is not limited to overall form as well as the arrangement of spaces and details of the design. Under such protection, unauthorized use of these plans, or works resulting from these plans, can result in the termination and loss of such construction as well as fines up to $100,000 per offense. A0.02 Symbols & General Notes SHEET NAME SCALE AS INDICATED 202 Water St. #202 Excelsior, MN 55331 (952) 470-7416 Builder License: BC002303 © 2023 ARCHITECT & BUILDER COPYRIGHT NOTICE PROJECT CURRENT REVISIONS ISSUE HISTORY PRINTED DATE: 8/22/23 DRAWN BY: ELH HULL RESIDENCE PROJECT ADDRESS 2245 French Lake Road Orono, MN 55391 New Home CLIENT NAME Leigh and John Hull CL ABBREVIATIONS SPECIAL SYMBOLS & And @ At x By Centerline ° Degrees ' Feet " Inches % Percent # Pounds/Number +/- Plus or Minus A.B. Anchor Bolt A/C Air Conditioning ADJ. Adjustable AFF Above Finished Floor AFG Above Finished Grade AHJ Authority Having Jurisdiction APPROX. Approximate ARCH. Architectural BD Board B.I.Built-In BIT. Bituminous BLDG Building BLKG Blocking BM Beam B.O.F. Bottom of Footing B.O.W. Bottom of Wall B.W.L. Braced Wall Line CAB Cabinet CANT Cantilevered C.C. Center to Center CL Centerline CIP Cast-In-Place CMU Concrete Masonry Unit CONC Concrete CONT Continuous DBL Double DIM Dimensions DR Door DN Down DW Dishwasher EA Each ELEC Electrical EQ Equal EW Each Way EXC Excavate EXT. Exterior FCO Floor Cleanout FD Floor Drain FDN. Foundation FFE Finished Floor Elevation FG Finished Grade FL Floor Level FRPF Fireproof FT Feet FTG Footing FURN Furnace GYP Gypsum H.B. Hose Bib HVAC Heating, Ventilating, and Air Conditioning JST Joist IBC International Building Code IN Inches INSUL Insulation INT Interior IRC International Residential Code LH Left Hand LSL Laminated Strand Lumber LVL Laminated Veneer Lumber Mech. Mechanical M.O. Masonry Opening MSBC Minnesota State Building Code MSRC Minnesota State Residential Code O.C. On Center PL Property Line PLF Per Lineal Foot P.S.I. Pounds per Square Inch P.T. Pressure Treated R Radius REBAR Reinforcing Bar REFR Refrigerator REINF Reinforced REQD Required RH Right Hand RM Room R.O. Rough Opening SB Steel Beam SC Steel Column SD Smoke Detector SF Square Feet Specs. Specifications SQ Square SL Spring Line SIM. Similar T&G Tongue & Groove T.O.B. Top of Beam T.O.C. Top of Curb T.O.F. Top of Footing T.O.H. Top of Heel T.O.J. Top of Joist T.O.M. Top of Masonry T.O.W. Top of Wall TRTD Treated TYP. Typical U.N.O. Unless Noted Otherwise W/With W.C. Water Closet (Toilet) W.H. Water Heater W.I.C. Walk-In Closet W/O Without W.S. Water Softener YDS Yards X N X 1 A-101 1 A-101 1 A-101 1 A-101 XX X STORY 0'-0" X STORY 0'-0" SECTION MARKER Sheet Reference Number Drawing Reference Number Sheet Reference Number Drawing Reference Number ELEVATION MARKER DETAIL MARKER Sheet Reference Number Drawing Reference Number REVISION MARKER Revision Number (Refer to Revision Log) LEVEL MARKER Reference Level Elevation (Main Level = 0'-0") WINDOW LABEL Window ID DOOR LABEL NORTH ARROW Nominal Door Slab Width Nominal Door Slab Height JOIST LABEL Joist Type Joist Orientation BEAM LINE Beam Type BEARING POST Bearing Post (Type & Size Varies) CEILING HEIGHT Ceiling Height (Rough Framing) X X X'-X"X'-X"X'-X"X Door ID Direction of True North Joist Spacing ENLARGED PLAN MARKER Sheet Reference Number Drawing Reference Number ELEMENT ABOVE Element Above Floor Plan Cut Plane HIDDEN ELEMENT Hidden Element CUT FILL SYMBOLS COVER FILL SYMBOLS X X X X X X X X SYMBOL KEY MATERIAL LEGEND Concrete Masonry Unit Nonstructural Brick Masonry Nonstructural Stone Masonry Steel Structural Concrete Nonstructural Concrete Plywood Wood Siding or Paneling Wood Flooring Gypsum Board Carpeting Rigid Insulation Spray Foam Insulation Batt Insulation Earth Glulam Shingles (Material & Exposure May Vary) Wood Siding or Paneling (Spacing & Orientation May Vary) Flagstone Brick (Bond May Vary) Board & Batten Fieldstone Limestone - Stacked Limestone - Stacked Concrete Masonry Unit GENERAL NOTES 1. Current International Residential Code (IRC) and Minnesota State Building Code (MSBC) shall govern. All Subcontractors and Vendors herein accept their respective responsibility for compliance. 2. Plans are representational only and are subject to field verification. 3. The Work shall include labor and material, not specifically indicated, which are necessary to complete the job in a manner which is consistent with Landschute standard practices. It is understood that the plans and specifications do not necessarily indicate all Work required for the full performance and completion of the Work. Inconsistencies in the quality or quantity of Work indicated shall be interpreted in accordance with Landschute standard practices and must be addressed prior to execution of the Work. 4. Any request for extra charges shall only be valid if submitted and agreed to prior to the execution of Work. Commencement of Work constitutes acceptance of substrate. All work shall be performed in a neat, craftsman like manner with extra care and consideration given to protecting work already in place. Each party is responsible for repairing its own damage to the job and for removing its own debris to a designated area on the job site. All tradesmen on the job are responsible for knowing and adhering to the above-outlined policies. 5. If Subcontractor / Vendor fails to correct work or persistently fails to carry out work as required, Landschute may, by giving 48 hour notice, terminate the agreement, perform the work itself and deduct the costs from any balance owed to Subcontractor / Vendor. If, during the first year of occupancy, it is necessary for the Subcontractor / Vendor to repair its work as a result of deficiency in labor or material, it shall also repair any subsequent trade's work as to create a finished product. 6. No payment for any subcontract labor shall be made until appropriate Certificates of Insurance, including coverage for both General Liability and Workers' Compensation are provided to and acknowledged by Landschute. 7. Selections for finish materials, fixtures, equipment, and furnishings to be coordinated directly between Client and Landschute. N REV DESCRIPTION ISSUE DATE ISSUED FOR 02 8/22/23 Variance Submission All ideas, designs, plans and specifications are the property of The Landschute Group, Inc. This copyrighted plan is an instrument of service to be used only by Landschute as it constructs the project for its client. Any other use is unauthorized and strictly prohibited (without Landschute’s express written permission) and subject to copyright protection under Section 102 of the Copyright Act, 17 U.S.C., as amended December 1, 1990, known as the Architectural Works Copyright Protection Act of 1990. Protection includes but is not limited to overall form as well as the arrangement of spaces and details of the design. Under such protection, unauthorized use of these plans, or works resulting from these plans, can result in the termination and loss of such construction as well as fines up to $100,000 per offense. A0.03 Existing Photos SHEET NAME SCALE AS INDICATED 202 Water St. #202 Excelsior, MN 55331 (952) 470-7416 Builder License: BC002303 © 2023 ARCHITECT & BUILDER COPYRIGHT NOTICE PROJECT PRINTED DATE: 8/22/23 DRAWN BY: ELH CURRENT REVISIONS ISSUE HISTORY HULL RESIDENCE PROJECT ADDRESS 2245 French Lake Road Orono, MN 55391 New Home CLIENT NAME Leigh and John Hull EXISTING HOUSE FROM STREET (NORTH)EXISTING GARAGE EXISTING WEST FAÇADE EXISTING SOUTH FAÇADE (LAKE SIDE)EXISTING SOUTH FAÇADE REV DESCRIPTION ISSUE DATE ISSUED FOR 02 8/22/23 Variance Submission All ideas, designs, plans and specifications are the property of The Landschute Group, Inc. This copyrighted plan is an instrument of service to be used only by Landschute as it constructs the project for its client. Any other use is unauthorized and strictly prohibited (without Landschute’s express written permission) and subject to copyright protection under Section 102 of the Copyright Act, 17 U.S.C., as amended December 1, 1990, known as the Architectural Works Copyright Protection Act of 1990. Protection includes but is not limited to overall form as well as the arrangement of spaces and details of the design. Under such protection, unauthorized use of these plans, or works resulting from these plans, can result in the termination and loss of such construction as well as fines up to $100,000 per offense. AS1.01 Architectural Site Plan SHEET NAME SCALE AS INDICATED 202 Water St. #202 Excelsior, MN 55331 (952) 470-7416 Builder License: BC002303 © 2023 ARCHITECT & BUILDER COPYRIGHT NOTICE PROJECT CURRENT REVISIONS ISSUE HISTORY PRINTED DATE: 8/22/23 DRAWN BY: ELH HULL RESIDENCE PROJECT ADDRESS 2245 French Lake Road Orono, MN 55391 New Home CLIENT NAME Leigh and John Hull 20' MINIMUM 24.252.424.352.6GarageShed12.612.610.8D e c kS u r v e y - l i n eW O O D E DW O O D E DT R E E L I N E9" CMP934942942944946944942940938936940944940940936934932942946944T i m b e r sG a r d e nC h a i n - L i n k F e n c eF e n c eP o s t / R a i lT i m b e r W a l lN 02°39'46" E 264.94 Meas. 265.00 PlatS 01°50'00" E 210.00S 76°28'48" E 73.9615±44±S 61°00'00" E 45.00S 74°00'00" E 60.00S 82°00'00" E 60.00N 68°00'00" E 50.00N 86°40'00" E 84.22N 73°30'00" E114.69 Meas. 115.00 PlatF r e n c h L a k eOHW = 930.0 (Per MN DNR)As Measured 05/02/2023 = 930.26S h o r e l i n eN 88°06'58" E 169.53 Meas. 170.00 PlatN 66°24'06" E 190.29 Meas. 190.00 Plat555Drainage & Utility Easement28"945.522"945.414"945.8TtpedEElec.Box947.5945.8943.6941.26"940.010"939.1/hse10"938.78"938.710"938.110"937.85" cluster937.8938.4937.6937.7938.9940.4937.0936.9936.7937.324"937.724"938.5935.6cmpinv=935.00cmpinv=935.5814"938.86"938.314"936.86"938.118"938.014"938.35"937.8937.5938.8939.7943.8944.0945.6946.214"944.28"943.86"944.6"944.04"942.614"942.18"942.824"943.814"945.37"943.218"940.118"942.918"944.112"946.07"947.512"944.318"945.7937.0941.1937.1936.812"943.312"942.06"941.36"941.48"941.510"941.818"943.712"943.910"943.95"940.714"940.910"944.310"943.512"943.712"943.18"942.55"940.314"940.010"939.05"939.38"940.68"944.610"945.516"945.48"945.24"944.912"945.08"944.518"944.36"944.4940.112"940.2939.7944.7946.4946.5944.3941.1GGasMeterEElec.Meter940.41329942.9940.0938.218"940.112"940.010"940.7938.6943.0944.4944.3946.2945.5944.9944.3945.5944.7940.934"940.9934.0Septic Inspection Pipe1390941.3940.7945.1940.4939.8939.4937.6941.1943.6945.2944.6940.2931.4Water Elevation930.266"934.212"934.38"939.210"937.718"934.510"933.6931.1931.5931.9930.6931.0931.2930.9931.826"936.1940.0943.1944.1944.9943.6939.4937.2935.4931.1939.3945.6940.2935.9934.5933.0936.3937.9939.7939.4939.5GARAGE FFE = 945.5 NEW RESIDENCE ML FFE = 946.69 LL FFE = 936.67 PATIO COVERED PORCH DRIVEWAY EXIST. RESIDENCE FFE = 947.9 POOL DECK GRADE = 938.0 HOT TUBTOW = 945.0BOW = 942.55940938936GRADE = 945 944GRADE = 939.5LINE OF EXIST. NONCONFORMING STRUCTURE LINE OF EXISTING UPPER PATIO938 50' S.B.L.30' S.B.L.150' S. B. L.30' S.B.L.WALKOUT GRADE = 938.0 POOLGRADE = 945 TOW = 941.9BOW = 938.0TOW = 944.0BOW = 942.0TOW = 941.6BOW = 938.0EGRESSWELLBOW = 938.0 TOW = 939.5 TENNIS COURT 942940LINE OF EXIST. DRIVEWAY PAVER WALK LINE OF EXISTING LOWER PATIO PATIO CANT. BAY TOE OFSEPTICMOUNDS h o r e l i n eWetlandSITE NOTES 1. Erosion control shall be installed in accordance with requirements of AHJ. 2. Tree removal and replacement to be conducted in accordance with requirements of AJH. 3. Shoring shall be provided as necessary based on site conditions. 4. Grading contours indicated on site plan are to be verified by surveyor. Refer to proposed certificate of survey for proposed certificate of survey for proposed site grading and retaining wall locations. 5. Retaining wall material and detailing to be determined at time of installation. Retaining wall height is not to exceed 4 feet unless engineering is provided. 6. Site stabilization to be 6" sod. 7. Slope final grade from foundation at minimum 2% slope. 8. New plantings to be determined at time of installation. 9. Driveway and sidewalk materials to be determined at time of installation. ZONING DISTRICT: RR-1B - One Family Rural Residential LOT AREA: 105,217 Sq. Ft. LAKE: FRENCH LAKE LAKE CLASSIFICATION: NE - Natural Environment OHWL: 930.0 DEVELOPMENT STANDARDS STREET FRONT SETBACK: 50' LAKE FRONT SETBACK: 150' (unsewered properties) SIDE YARD SETBACK: 30' OHWL SETBACK: 150' WETLAND SETBACK: 25' or to Wetland Buffer IMPERVIOUS SURFACE: 25% (26,304 Sq. Ft.) BUILDING HEIGHT: 30' SITE & ZONING INFORMATION NSCALE: 1" = 20' 1 Architectural Site Plan 0 10'20'40' REV DESCRIPTION ISSUE DATE ISSUED FOR 02 8/22/23 Variance Submission All ideas, designs, plans and specifications are the property of The Landschute Group, Inc. This copyrighted plan is an instrument of service to be used only by Landschute as it constructs the project for its client. Any other use is unauthorized and strictly prohibited (without Landschute’s express written permission) and subject to copyright protection under Section 102 of the Copyright Act, 17 U.S.C., as amended December 1, 1990, known as the Architectural Works Copyright Protection Act of 1990. Protection includes but is not limited to overall form as well as the arrangement of spaces and details of the design. Under such protection, unauthorized use of these plans, or works resulting from these plans, can result in the termination and loss of such construction as well as fines up to $100,000 per offense. AS1.02 Enlarged Site Analysis SHEET NAME SCALE AS INDICATED 202 Water St. #202 Excelsior, MN 55331 (952) 470-7416 Builder License: BC002303 © 2023 ARCHITECT & BUILDER COPYRIGHT NOTICE PROJECT CURRENT REVISIONS ISSUE HISTORY PRINTED DATE: 8/22/23 DRAWN BY: ELH HULL RESIDENCE PROJECT ADDRESS 2245 French Lake Road Orono, MN 55391 New Home CLIENT NAME Leigh and John Hull 20' MINIMUM 24.252.452.6GarageShed12.612.610.8T R E E L I N E94094494094028"945.5938.9940.4939.7944.0945.6946.214"944.28"943.86"944.6"944.04"942.614"942.18"942.812"943.312"942.06"941.36"941.48"941.510"941.818"943.712"943.910"943.95"940.714"940.910"944.310"943.512"943.712"943.18"942.55"940.314"940.010"939.05"939.38"940.68"944.610"945.516"945.48"945.24"944.912"945.08"944.518"944.36"944.4939.7944.7944.3941.1GGasMeter940.4940.934"940.9934.0Septic Inspection Pipe1390940.0943.1944.1944.9943.6939.4939.3945.6940.2935.9934.5939.7939.4939.5GARAGE FFE = 945.5 NEW RESIDENCE ML FFE = 946.69 LL FFE = 936.67 PATIO COVERED PORCH DRIVEWAY EXIST. RESIDENCE FFE = 947.9 POOL DECK GRADE = 938.0 HOT TUBTOW = 945.0BOW = 942.55940938936GRADE = 945 944GRADE = 939.5LINE OF EXIST. NONCONFORMING STRUCTURE LINE OF EXISTING UPPER PATIO938 50' S.B.L. 150' S. B. L. WALKOUT GRADE = 938.0 POOLGRADE = 945 TOW = 941.9BOW = 938.0TOW = 944.0BOW = 942.0TOW = 941.6BOW = 938.0EGRESSWELLBOW = 938.0 TOW = 939.5942940 LINE OF EXIST. DRIVEWAY PAVER WALK LINE OF EXISTING LOWER PATIO PATIO CANT. BAY TOE OFSEPTICMOUNDNSCALE: 1" = 10' 1 Enlarged Site Analysis 0 5'10'20' NEW STRUCTURE FOOTPRINT OUTSIDE OF EXISTING STRUCTURE FOOTPRINT & OUTSIDE OF ALLOWABLE BUILDING SETBACK NEW PATIO AREA BEYOND EXISTING PATIO & STRUCTURE FOOTPRINT FOOTPRINT OF EXISTING STRUCTURE SITE PLAN LEGEND TOTAL BUILDING AREA FLOOR Lower Level, Finished Area Main Level, Finished Area Second Level, Finished Area AREA 1,144 2,002 1,003 4,149 ft² REV DESCRIPTION ISSUE DATE ISSUED FOR 02 8/22/23 Variance Submission NAll ideas, designs, plans and specifications are the property of The Landschute Group, Inc. This copyrighted plan is an instrument of service to be used only by Landschute as it constructs the project for its client. Any other use is unauthorized and strictly prohibited (without Landschute’s express written permission) and subject to copyright protection under Section 102 of the Copyright Act, 17 U.S.C., as amended December 1, 1990, known as the Architectural Works Copyright Protection Act of 1990. Protection includes but is not limited to overall form as well as the arrangement of spaces and details of the design. Under such protection, unauthorized use of these plans, or works resulting from these plans, can result in the termination and loss of such construction as well as fines up to $100,000 per offense. A1.01 Lower Level Plan SHEET NAME SCALE AS INDICATED CURRENT REVISIONS ISSUE HISTORY 202 Water St. #202 Excelsior, MN 55331 (952) 470-7416 Builder License: BC002303 © 2023 ARCHITECT & BUILDER COPYRIGHT NOTICE PROJECT PRINTED DATE: 8/22/23 DRAWN BY: ELH HULL RESIDENCE PROJECT ADDRESS 2245 French Lake Road Orono, MN 55391 New Home CLIENT NAME Leigh and John Hull123UP3 RISERS (6") W-02 W-03 W-03W-03 6'-8" 2'-6" 6'-8" 2'-4"W-01W-016'-8" 2'-8"6'-8"2'-4"6'-8"3'-0"6'-8" 2'-4"6'-8"2'-8"6'-8"2'-4"36" REFR W/DCANTILEVER ABOVE DECK ABOVE ENTERTAINMENT GUEST ROOM GUEST BATHUNEXCAVATED UNFINISHEDTV CLOSETCLOSET OVEN DW BENCHPOOL POOL DECK HALLWAY OPEN RAIL 3 A3.01 2 A2.012 A2.02 1 A2.02 1 A2.01 1234567UP16 RISERS (7 27/64")W-05W-04W-041 A3.01 1 A3.01 2 A3.01 2 A3.01 FRAMING NOTES GENERAL FRAMING 1. All dimensions are to face of rough framing unless U.N.O. 2. Ceiling heights indicated do not necessarily coincide with wall heights. Refer to sections and structural roof layout for wall framing heights. 3. Refer to steel shop drawings for steel connection details. 4. All steel beams and columns at exterior walls to be held back 2" from exterior of structure to allow for 2" insulation. 5. Refer to shop drawings provided by supplier for all framing, electrical, and mechanical requirements of all specialty equipment, including but not limited to fireplaces and elevators. WALL FRAMING 1. Interior bearing walls to be 2x6 SPF studs @ 16" O.C. w/ double top plate and single bottom plate U.N.O. 2. Lower level bearing walls to be bolted to 4x6 pressure treated lumber flush to concrete floor slab (refer to foundation details). 3. All plates in contact with concrete slabs to be treated lumber. 4. Interior partition walls to be 2x4 SPF studs @ 16" O.C. U.N.O. 5. All window and door headers to be dropped (2) 2x10 SPF U.N.O. 6. All bearing posts to be (2)2x6 U.N.O. 7. Refer to section and detail drawings for exterior sheathing, weatherproofing, and cladding details. 8. Refer to structural for wall bracing design. 9. Allow for 3 1/2" casing at all window and door openings. FLOOR FRAMING 1. Sill plates at foundation walls to be continuous 2x6 pressure treated lumber on sill gasket. 2. Deck framing to be treated SPF U.N.O. 3. Floor and roof framing layouts to be designed and provided by supplier. 4. All beams to be flush U.N.O. 5. Floor assemblies to comply with SMRC R.302.13. 6. All joist hangers mounted on steel beams to be face-mounted. SCALE: 1/4" = 1'-0" 1 Lower Level Plan 0 2'4'8' TOTAL BUILDING AREA FLOOR Lower Level, Finished Area Main Level, Finished Area Second Level, Finished Area AREA 1,144 2,002 1,003 4,149 ft² REV DESCRIPTION ISSUE DATE ISSUED FOR 02 8/22/23 Variance Submission NAll ideas, designs, plans and specifications are the property of The Landschute Group, Inc. This copyrighted plan is an instrument of service to be used only by Landschute as it constructs the project for its client. Any other use is unauthorized and strictly prohibited (without Landschute’s express written permission) and subject to copyright protection under Section 102 of the Copyright Act, 17 U.S.C., as amended December 1, 1990, known as the Architectural Works Copyright Protection Act of 1990. Protection includes but is not limited to overall form as well as the arrangement of spaces and details of the design. Under such protection, unauthorized use of these plans, or works resulting from these plans, can result in the termination and loss of such construction as well as fines up to $100,000 per offense. A1.02 Main Level Plan SHEET NAME SCALE AS INDICATED CURRENT REVISIONS ISSUE HISTORY 202 Water St. #202 Excelsior, MN 55331 (952) 470-7416 Builder License: BC002303 © 2023 ARCHITECT & BUILDER COPYRIGHT NOTICE PROJECT PRINTED DATE: 8/22/23 DRAWN BY: ELH HULL RESIDENCE PROJECT ADDRESS 2245 French Lake Road Orono, MN 55391 New Home CLIENT NAME Leigh and John Hull FRAMING NOTES GENERAL FRAMING 1. All dimensions are to face of rough framing unless U.N.O. 2. Ceiling heights indicated do not necessarily coincide with wall heights. Refer to sections and structural roof layout for wall framing heights. 3. Refer to steel shop drawings for steel connection details. 4. All steel beams and columns at exterior walls to be held back 2" from exterior of structure to allow for 2" insulation. 5. Refer to shop drawings provided by supplier for all framing, electrical, and mechanical requirements of all specialty equipment, including but not limited to fireplaces and elevators. WALL FRAMING 1. Interior bearing walls to be 2x6 SPF studs @ 16" O.C. w/ double top plate and single bottom plate U.N.O. 2. Lower level bearing walls to be bolted to 4x6 pressure treated lumber flush to concrete floor slab (refer to foundation details). 3. All plates in contact with concrete slabs to be treated lumber. 4. Interior partition walls to be 2x4 SPF studs @ 16" O.C. U.N.O. 5. All window and door headers to be dropped (2) 2x10 SPF U.N.O. 6. All bearing posts to be (2)2x6 U.N.O. 7. Refer to section and detail drawings for exterior sheathing, weatherproofing, and cladding details. 8. Refer to structural for wall bracing design. 9. Allow for 3 1/2" casing at all window and door openings. FLOOR FRAMING 1. Sill plates at foundation walls to be continuous 2x6 pressure treated lumber on sill gasket. 2. Deck framing to be treated SPF U.N.O. 3. Floor and roof framing layouts to be designed and provided by supplier. 4. All beams to be flush U.N.O. 5. Floor assemblies to comply with SMRC R.302.13. 6. All joist hangers mounted on steel beams to be face-mounted. DN DNDNW-21 7'-0" 9'-0" 7'-0" 9'-0" 7'-0" 9'-0" W-07 W-07 8'-0" 6'-0" W-18W-18W-18 W-18 W-18 W-20W-20W-20W-12W-13W-13W-11 W-16W-16 W-17 W-15W-156'-8"2'-4"6'-8" 2'-8"6'-8"5'-0"6'-8" 2'-8" 6'-8" 2'-4"6'-8"2'-4"W-10 W-10W-10W-09 6'-8"3'-0"6'-8" 3'-0" W-07 6'-8"2'-8"6'-8"2'-4"6'-8" 2'-8" 6'-8" 3'-0"6'-8"3'-0"W-08 W-19W-196'-8" 2'-6" W-14W-14 W-14 6'-8"2'-4"6'-8" 2'-8" D 48" RANGE42"REFRW 24'-0"6'-0"20'-0"14'-0"5'-0"14'-0"1'-6" 11'-0" 1'-6"12'-0"24'-0"18'-0"32'-0"2'-0"12'-0"10'-0"2'-0"22'-0"39'-6"5'-6"14'-0" 3 A3.01 2 A2.012 A2.02 1 A2.02 1 A2.01 ROOF ABOVE STRUCTURAL BRACKETS WOOD RAILING CEDAR DECKING PAVER STOOP PAVER PATIO REAR FP VENT KITCHEN DINING BACK KITCHEN 3 CAR GARAGE PRIMARY SUITE PRIMARY BATH PRIMARY CLOSET LIVING FOYER LAKE PATIO ENTRY PORCH PWDR LOCKERSBENCH B.I.B.I.LINENDRESSERTV/DISPLAYMUD ROOM/ LAUNDRY DESK OFFICE BACK HALL BOOKSHLEF42" DIRECTVENT FPBRM CLO. BENCHGRILL BENCH(VAULTED) GARAGE HEAT OPEN RAIL OPEN RAIL8' CEILING 9' CEILING 9' CEILING 8'-9" CEILING OPEN RAIL 9' CEILING FLOOR DRAINS 123456UP6'-8"2'-8"DN 14'-7" 1 A3.01 1 A3.01 2 A3.01 2 A3.01PANTRY SCALE: 1/4" = 1'-0" 1 Main Level Plan 0 2'4'8' TOTAL BUILDING AREA FLOOR Lower Level, Finished Area Main Level, Finished Area Second Level, Finished Area AREA 1,144 2,002 1,003 4,149 ft² REV DESCRIPTION ISSUE DATE ISSUED FOR 02 8/22/23 Variance Submission NAll ideas, designs, plans and specifications are the property of The Landschute Group, Inc. This copyrighted plan is an instrument of service to be used only by Landschute as it constructs the project for its client. Any other use is unauthorized and strictly prohibited (without Landschute’s express written permission) and subject to copyright protection under Section 102 of the Copyright Act, 17 U.S.C., as amended December 1, 1990, known as the Architectural Works Copyright Protection Act of 1990. Protection includes but is not limited to overall form as well as the arrangement of spaces and details of the design. Under such protection, unauthorized use of these plans, or works resulting from these plans, can result in the termination and loss of such construction as well as fines up to $100,000 per offense. A1.03 Upper Level Plan SHEET NAME SCALE AS INDICATED CURRENT REVISIONS ISSUE HISTORY 202 Water St. #202 Excelsior, MN 55331 (952) 470-7416 Builder License: BC002303 © 2023 ARCHITECT & BUILDER COPYRIGHT NOTICE PROJECT PRINTED DATE: 8/22/23 DRAWN BY: ELH HULL RESIDENCE PROJECT ADDRESS 2245 French Lake Road Orono, MN 55391 New Home CLIENT NAME Leigh and John Hull FRAMING NOTES GENERAL FRAMING 1. All dimensions are to face of rough framing unless U.N.O. 2. Ceiling heights indicated do not necessarily coincide with wall heights. Refer to sections and structural roof layout for wall framing heights. 3. Refer to steel shop drawings for steel connection details. 4. All steel beams and columns at exterior walls to be held back 2" from exterior of structure to allow for 2" insulation. 5. Refer to shop drawings provided by supplier for all framing, electrical, and mechanical requirements of all specialty equipment, including but not limited to fireplaces and elevators. WALL FRAMING 1. Interior bearing walls to be 2x6 SPF studs @ 16" O.C. w/ double top plate and single bottom plate U.N.O. 2. Lower level bearing walls to be bolted to 4x6 pressure treated lumber flush to concrete floor slab (refer to foundation details). 3. All plates in contact with concrete slabs to be treated lumber. 4. Interior partition walls to be 2x4 SPF studs @ 16" O.C. U.N.O. 5. All window and door headers to be dropped (2) 2x10 SPF U.N.O. 6. All bearing posts to be (2)2x6 U.N.O. 7. Refer to section and detail drawings for exterior sheathing, weatherproofing, and cladding details. 8. Refer to structural for wall bracing design. 9. Allow for 3 1/2" casing at all window and door openings. FLOOR FRAMING 1. Sill plates at foundation walls to be continuous 2x6 pressure treated lumber on sill gasket. 2. Deck framing to be treated SPF U.N.O. 3. Floor and roof framing layouts to be designed and provided by supplier. 4. All beams to be flush U.N.O. 5. Floor assemblies to comply with SMRC R.302.13. 6. All joist hangers mounted on steel beams to be face-mounted.W-28W-23W-24W-246'-8" 2'-4" 6'-8" 2'-6" 6'-8" 2'-6"6'-8"2'-4"6'-8" 2'-6"6'-8"2'-4"6'-8" 2'-4"W-24W-24W-27W-22W-22W-22 W-22 W-22 3 A3.01 2 A2.012 A2.02 1 A2.02 1 A2.01 3'-0"28'-0"3'-0" 34'-0"32'-0"4'-0"26'-0"4'-0" SEE ELEVATIONS FOR GABLE END WINDOW LOCATIONS SEE ROOF PLAN BR #2 BR #3 PLAY ROOM/ SITTING ROOM DESKTV/BOOKCASEBATH #2 CLO. #2 CLO. #3 BATH #3LINENDAYBEDDAYBED BOOKCASEBOOKCASEBOOKCASEBOOKCASELINENLINEN 3'-4" S.L.3'-4" S.L. OPEN RAIL 8' CEILING DNW-26 W-25 W-25W-25W-25 6'-4 5/8" S.L. 5'-9 5/8" S.L. ATTIC ACCESS (PULL-DOWN) 1 A3.01 1 A3.01 2 A3.01 2 A3.01 HATCHED AREA INDICATES MECH. ROOM ABOVE SCALE: 1/4" = 1'-0" 1 Second Level Plan 0 2'4'8' REV DESCRIPTION ISSUE DATE ISSUED FOR 02 8/22/23 Variance Submission All ideas, designs, plans and specifications are the property of The Landschute Group, Inc. This copyrighted plan is an instrument of service to be used only by Landschute as it constructs the project for its client. Any other use is unauthorized and strictly prohibited (without Landschute’s express written permission) and subject to copyright protection under Section 102 of the Copyright Act, 17 U.S.C., as amended December 1, 1990, known as the Architectural Works Copyright Protection Act of 1990. Protection includes but is not limited to overall form as well as the arrangement of spaces and details of the design. Under such protection, unauthorized use of these plans, or works resulting from these plans, can result in the termination and loss of such construction as well as fines up to $100,000 per offense. A1.04 Roof Plan SHEET NAME SCALE AS INDICATED 202 Water St. #202 Excelsior, MN 55331 (952) 470-7416 Builder License: BC002303 © 2023 ARCHITECT & BUILDER COPYRIGHT NOTICE PROJECT CURRENT REVISIONS ISSUE HISTORY PRINTED DATE: 8/22/23 DRAWN BY: ELH HULL RESIDENCE PROJECT ADDRESS 2245 French Lake Road Orono, MN 55391 New Home CLIENT NAME Leigh and John Hull ROOF PLAN NOTES 1. At nominally flat roof-to-wall conditions, adhere EPDM to wall sheathing and extend up wall 2'-0" beneath siding. 2. Penetrations to be flashed per manufacturer requirements. 3. Finish of flashing and drop edge to be determined at time of installation. 4. Roof shingle material and exposure to be determined at time of installation. 5. Gutter locations and selections to be determined at time of installation. ROOF AREA Top Surface Roof - Asphalt Roof - Rubber Area 4,804 243 3 A3.01 2 A2.012 A2.02 1 A2.02 1 A2.01 NOMINALLY FLAT EPDM ROOF PITCH TO PERIMETER AT 1/4":1' ASPHALT SHINGLES 4/12 PITCH 4/12 PITCH 4/12 PITCH 4/12 PITCH 4/12 PITCH 4/12 PITCH 4/12 PITCH 4/12 PITCH 10/12 PITCH 10/12 PITCH 10/12 PITCH10/12 PITCH 10/12 PITCH 10/12 PITCH 4/12 PITCH 1 A3.01 1 A3.01 2 A3.01 2 A3.01 SCALE: 1/4" = 1'-0" 1 Roof Plan 0 2'4'8' REV DESCRIPTION ISSUE DATE ISSUED FOR 02 8/22/23 Variance Submission All ideas, designs, plans and specifications are the property of The Landschute Group, Inc. This copyrighted plan is an instrument of service to be used only by Landschute as it constructs the project for its client. Any other use is unauthorized and strictly prohibited (without Landschute’s express written permission) and subject to copyright protection under Section 102 of the Copyright Act, 17 U.S.C., as amended December 1, 1990, known as the Architectural Works Copyright Protection Act of 1990. Protection includes but is not limited to overall form as well as the arrangement of spaces and details of the design. Under such protection, unauthorized use of these plans, or works resulting from these plans, can result in the termination and loss of such construction as well as fines up to $100,000 per offense. A2.01 Exterior Elevations SHEET NAME SCALE AS INDICATED 202 Water St. #202 Excelsior, MN 55331 (952) 470-7416 Builder License: BC002303 © 2023 ARCHITECT & BUILDER COPYRIGHT NOTICE PROJECT PRINTED DATE: 8/22/23 DRAWN BY: ELH CURRENT REVISIONS ISSUE HISTORY HULL RESIDENCE PROJECT ADDRESS 2245 French Lake Road Orono, MN 55391 New Home CLIENT NAME Leigh and John Hull -9'-10 3/4" -1 Lower Level -9'-10 3/4" -1 Lower Level ±0" 1 Main Level ±0" 1 Main Level +10'-1 3/4" 2 Second Level +10'-1 3/4" 2 Second Level OPTION FOR CHIMNEY HEIGHT OF RIDGE OF EXISTING HOUSE PREMIUM ASPHALT SHINGLES WHITE CLAD WINDOWS MACHINE CUT CEDAR SHINGLE SIDING, STAINED WITH APPROVED FINISH -9'-10 3/4" -1 Lower Level -9'-10 3/4" -1 Lower Level ±0" 1 Main Level ±0" 1 Main Level +10'-1 3/4" 2 Second Level +10'-1 3/4" 2 Second Level FIREPLACE VENT POOL SCALE: 1/4" = 1'-0" 1 South Elevation SCALE: 1/4" = 1'-0" 2 West Elevation REV DESCRIPTION ISSUE DATE ISSUED FOR 02 8/22/23 Variance Submission All ideas, designs, plans and specifications are the property of The Landschute Group, Inc. This copyrighted plan is an instrument of service to be used only by Landschute as it constructs the project for its client. Any other use is unauthorized and strictly prohibited (without Landschute’s express written permission) and subject to copyright protection under Section 102 of the Copyright Act, 17 U.S.C., as amended December 1, 1990, known as the Architectural Works Copyright Protection Act of 1990. Protection includes but is not limited to overall form as well as the arrangement of spaces and details of the design. Under such protection, unauthorized use of these plans, or works resulting from these plans, can result in the termination and loss of such construction as well as fines up to $100,000 per offense. A2.02 Exterior Elevations SHEET NAME SCALE AS INDICATED 202 Water St. #202 Excelsior, MN 55331 (952) 470-7416 Builder License: BC002303 © 2023 ARCHITECT & BUILDER COPYRIGHT NOTICE PROJECT PRINTED DATE: 8/22/23 DRAWN BY: ELH CURRENT REVISIONS ISSUE HISTORY HULL RESIDENCE PROJECT ADDRESS 2245 French Lake Road Orono, MN 55391 New Home CLIENT NAME Leigh and John Hull -9'-10 3/4" -1 Lower Level -9'-10 3/4" -1 Lower Level ±0" 1 Main Level ±0" 1 Main Level +10'-1 3/4" 2 Second Level +10'-1 3/4" 2 Second Level HEIGHT OF RIDGE OF EXISTING HOUSE ±0" 1 Main Level ±0" 1 Main Level +10'-1 3/4" 2 Second Level +10'-1 3/4" 2 Second Level SCALE: 1/4" = 1'-0" 1 North Elevation SCALE: 1/4" = 1'-0" 2 East Elevation 28" 945.5 22" 945.4 14" 945.8 T tped E Elec. Box 947.5945.8 943.6 941.2 6" 940.010" 939.1 /hse 10" 938.78" 938.7 10" 938.110" 937.85" cluster 937.8 938.4 937.6 937.7 938.9 940.4 941.5 943.7 20" 943.4 28" 942.5 16" 941.5939.4 937.0 936.9 936.7 937.3 24" 937.724" 938.5 935.6 cmp inv=935.00 cmp inv=935.58 14" 938.86" 938.3 14" 936.8 6" 938.1 18" 938.0 14" 938.3 5" 937.8 943.8 944.0 945.6 945.6 14" 944.28" 943.8 6" 944.6 " 944.0 4" 942.614" 942.1 8" 942.8 24" 943.8 14" 945.3 7" 943.2 18" 940.1 18" 942.9 18" 944.1 12" 946.0 7" 947.5 12" 944.3 18" 945.7 937.0 941.1 937.1 936.8 12" 943.312" 942.0 6" 941.3 6" 941.48" 941.5 10" 941.8 18" 943.7 12" 943.910" 943.9 5" 940.714" 940.9 10" 944.3 10" 943.512" 943.7 12" 943.18" 942.5 5" 940.314" 940.010" 939.05" 939.3 8" 940.6 8" 944.610" 945.516" 945.48" 945.24" 944.912" 945.08" 944.518" 944.3 6" 944.4 940.1 12" 940.2 939.7 A/C GGas Meter 944.7 946.4 946.5 944.3 GGas Meter EElec. Meter 940.4 942.9 940.0 938.2 18" 940.112" 940.010" 940.7 938.6 943.0 944.4944.3 946.2 945.5 944.9 944.3 945.5 944.7 940.9 34" 940.9 934.0 Septic Inspection Pipe 941.3 940.7 945.1 940.4 939.8 939.4 937.6 941.1 943.6 945.2 944.6 940.2 6" 934.2 12" 934.3 8" 939.210" 937.718" 934.5 10" 933.6 931.9 26" 936.1 940.0 943.1 944.1 944.9 943.6 939.4 937.2935.4 931.1 938.9 939.3 945.6 940.2 935.9 934.5 933.0 936.3 937.9 938.6 939.7 939.4 939.5 34" 945.7 946.9 12" 946.3 26" 946.9 947.5 24.252.424.3 52.612.6 12.610.8S u r v e y - l i n e W O O D E DW O O D E DT R E E L I N E9" CMP F R E N C H L A K E R O A D 934 94 2 942 944 946 944 942 940 938 936 940 944 940946 94 0932 942 942 946944 9.8N 02°39'46" E 264.94 Meas. 265.00 PlatS 01°50'00" E 210.00S 76° 2 8 ' 4 8 " E 7 3 . 9 6 44±5 5573.9153.1 165.0 P a t i o P a t i o Conc. pad Conc. Walk 24'0"0'10"6'0"18'10"20'0"9'10 3/4"14'1 1/4"3'4"16' 1"4'10 3/4"1'11 1/2"14'0"32'0"14'0"12'0"5'0"6'0"34'0"8'0"6'0"12'0"22'0"12'0"2'0"24'0"Building Dimensions shown per Cadd File cantilever Pool 150.0102.7125.4109.9150.0945.5945.0 938.0 936.2 946.0945.5 930.5 930.2 930.2 930.6 930.4 930.3 932.0 930.1 945.3 930.8 931.6 931.2 932.0 931.7 931.2 931.3 931.5 931.4 931.1 931.3 931.9 931.2 930.5 931.1 930.8 931.4 W Well 945.8 945.7945.6 937.4 937.0 937.0 936.8 936.8 936.3944.5 944.4 944.4 944.3942.6 930.7 38.248.9' Not to Scale45.7AVERAGE LAKE SHORE S E T B A C K L I N E Garage tw938.4 bw937.1 tw938.9 bw937.0 Shed D e c k D e c kT i m b e r sG a r d e nC h a i n - L i n k F e n c eF e n c eP o s t / R a i lB i t u m i n o u s T i m b e r W a l l S 6 1 ° 0 0 ' 0 0 " E 4 5 . 0 0 S 74° 0 0 ' 0 0 " E 6 0 . 0 0 S 82°00'00" E 6 0 . 0 0 N 68°0 0' 0 0 " E 5 0. 0 0 N 86°40'00" E 84.22 N 73°30' 0 0 " E 114.69 M e a s . 1 1 5 . 0 0 P l a t F r e n c h L a k e OHW = 930.0 (Per MN DNR) As Measured 05/02/2023 = 930.26 N 88°06'58" E 169.53 Meas. 170.00 Plat N 66° 2 4' 0 6 " E 1 9 0 . 2 9 M e a s . 1 9 0 . 0 0 Pl a t Drainage & Utility Easement W e t l a n d W e t l a n d Wetland Delineation by Kjolhaug Environmental Servies Company dated 07/10/2023 T e n n i s C o u r t Proposed Residence tw945.0bw942.5tw941.9bw938.0Egress Well tw941.6bw938.0tw944.0bw942.0940 942 944 tw939.5 bw938.0942 938 9 4 0 9 4 2 944 O.H.W. Line Septic Septic B l d g D e c k Note: Deck location not to scale B l d g D e c k proposed top mound Septic 944.4 proposed top mound Septic 943.1 proposed top mound Septic 940.8 P o r c h F:\survey\johnstons french lake - hennepin\1-1 johnstons french lake - hennepin\01 Surveying - 90348\01 CAD\01 Source\01 Survey Base.dwg Basis for bearings is assumed Surveyors Certificate 000.0 x000.0 Proposed Hardcover Total Lot Lot Area 110,178 sq ft House 3,080 sq ft Existing Garage 1,273 sq ft Existing Shed 136 sq ft Concrete Walk 142 sq ft Concrete pad rear 16 sq ft Deck 582 sq ft Patio including Pool 2,532 sq ft Patio allowance -100 sq ft Tennis Court 7,776 sq ft Shed Deck 129 sq ft Pavers 508 sq ft Deck by Lake 133 sq ft Driveway 5,012 sq ft Total 21,219 sq ft Percentage 19.26% Denotes Wood Hub Set for excavation only Denotes Existing Elevation Denotes Proposed Elevation Denotes Surface Drainage Denotes Iron Monument Denotes Found Iron Monument Denotes Proposed Contours Denotes Existing Contours Drawn By Signed Gregory R. Prasch, Minn. Reg. No. 24992 Scale: 1" = 30' F.B.No. Project No.I certify that this survey, plan, or report was prepared by me or under my direct supervision and that I am a duly Licensed Land Surveyor under the laws of the State of Minnesota rev Address: 7601 73rd Avenue North Minneapolis, Minnesota 55428 (763) 560-3093 DemarcInc.com 90348A 1131-44 Site Plan Survey For: 2245 French Lake Road Orono, MN Surveyed this 10th day of August 2023. LANDSCHUTE GROUP Lot 1, Block 1 JOHNSTON'S FRENCH LAKE Hennepin County, Minnesota Property located in Section 32, Township 117, Range 21, Hennepin County, Minnesota Property Zoned RR-1B, One Family Rural Residential Building Setback Requirements Front = 50 feet Side Interior = 30 feet Side Street = 30 feet Rear = 50 feet OHWL = 150* Wetland = 25 or MCWD Buffer *OHWL setback is determined by the classification of the lake as defined in section 78-1217 and the applied minimum setback from the OHWL as outlined in section 78-1279. Legal Description French Lake Located in Flood Zone "A" per FEMA Map 27053C0304F dated 11/04/2016 05.05.23 wetland 05.22.23 tennis court 07.18.23 wetland delineation Proposed Garage Floor Proposed Basement Floor Type of Building Proposed First Floor Elevation NOTE: Proposed grades are subject to results of soil tests. Proposed building information must be checked with approved building plan and development or grading plan before excavation and construction. Proposed grades shown on this survey are interpolations of proposed contours from the drainage, grading and/or development plans. NOTE: The relationship between proposed floor elevations to be verified by builder. NOTE: The only easements shown are from plats of record or information provided by client. Full Basement Walkout 936.67 945.5 946.69 Setbacks to OHW 2285 French Lake Road = 45.7 feet to Deck 2245 French Lake Road = 109.9 feet to Deck 2195 French Lake Road = 38.2 feet to Deck Average Setback = 64.6 feet 2195 French Lake Road 2285 French Lake Road Cut & Fill Calculations Cut Fill Total Net 668 Cubic Yards 214 Cubic Yards 455 Cut Cubic Yards Disturbed Area = 15,810 Sq. Ft. 08.17.23 Average Lake Shore Setback Line’. Denotes Tree to be Removed 08.22.23 Trees to be removed Proposed Hardcover within 150' setback Area Below Setback 64,958 sq ft Patio/Steps 2,397 sq ft Patio allowance -100 sq ft House 901 sq ft Conc. pad 16 sq ft Driveway 595 sq ft Existing Tennis Court 6,261 sq ft Total 10,070 sq ft Percentage 15.50% 08.30.23 city comments REV DESCRIPTION ISSUE DATE ISSUED FOR 02 8/22/23 Variance Submission All ideas, designs, plans and specifications are the property of The Landschute Group, Inc. This copyrighted plan is an instrument of service to be used only by Landschute as it constructs the project for its client. Any other use is unauthorized and strictly prohibited (without Landschute’s express written permission) and subject to copyright protection under Section 102 of the Copyright Act, 17 U.S.C., as amended December 1, 1990, known as the Architectural Works Copyright Protection Act of 1990. Protection includes but is not limited to overall form as well as the arrangement of spaces and details of the design. Under such protection, unauthorized use of these plans, or works resulting from these plans, can result in the termination and loss of such construction as well as fines up to $100,000 per offense. A0.01 Cover Sheet SHEET NAME SCALE AS INDICATED 202 Water St. #202 Excelsior, MN 55331 (952) 470-7416 Builder License: BC002303 © 2023 ARCHITECT & BUILDER COPYRIGHT NOTICE PROJECT CURRENT REVISIONS ISSUE HISTORY PRINTED DATE: 8/22/23 DRAWN BY: ELH HULL RESIDENCE PROJECT ADDRESS 2245 French Lake Road Orono, MN 55391 New Home CLIENT NAME Leigh and John Hull SHEET INDEX General Drawings Architectural Site Plans Plans - New Construction Elevations A0.01 A0.02 A0.03 AS1.01 AS1.02 A1.01 A1.02 A1.03 A1.04 A2.01 A2.02 Cover Sheet Symbols & General Notes Existing Photos Architectural Site Plan Enlarged Site Analysis Lower Level Plan Main Level Plan Upper Level Plan Roof Plan Exterior Elevations Exterior Elevations PROJECT INFORMATION OCCUPANCY: IRC-1, SINGLE-FAMILY DWELLING ZONING DISTRICT: RR-1B - One Family Rural Residential TOTAL BUILDING AREA FLOOR Lower Level, Finished Area Main Level, Finished Area Second Level, Finished Area AREA 1,144 2,002 1,003 4,149 ft² NOT TO SCALE 1 Exterior Perspective (From Driveway) NOT TO SCALE 2 Exterior Perspective (From Lake) SCALE: 1" = 50' 3 Location Map 0 20'50'100' N REV DESCRIPTION ISSUE DATE ISSUED FOR 02 8/22/23 Variance Submission All ideas, designs, plans and specifications are the property of The Landschute Group, Inc. This copyrighted plan is an instrument of service to be used only by Landschute as it constructs the project for its client. Any other use is unauthorized and strictly prohibited (without Landschute’s express written permission) and subject to copyright protection under Section 102 of the Copyright Act, 17 U.S.C., as amended December 1, 1990, known as the Architectural Works Copyright Protection Act of 1990. Protection includes but is not limited to overall form as well as the arrangement of spaces and details of the design. Under such protection, unauthorized use of these plans, or works resulting from these plans, can result in the termination and loss of such construction as well as fines up to $100,000 per offense. A0.02 Symbols & General Notes SHEET NAME SCALE AS INDICATED 202 Water St. #202 Excelsior, MN 55331 (952) 470-7416 Builder License: BC002303 © 2023 ARCHITECT & BUILDER COPYRIGHT NOTICE PROJECT CURRENT REVISIONS ISSUE HISTORY PRINTED DATE: 8/22/23 DRAWN BY: ELH HULL RESIDENCE PROJECT ADDRESS 2245 French Lake Road Orono, MN 55391 New Home CLIENT NAME Leigh and John Hull CL ABBREVIATIONS SPECIAL SYMBOLS & And @ At x By Centerline ° Degrees ' Feet " Inches % Percent # Pounds/Number +/- Plus or Minus A.B. Anchor Bolt A/C Air Conditioning ADJ. Adjustable AFF Above Finished Floor AFG Above Finished Grade AHJ Authority Having Jurisdiction APPROX. Approximate ARCH. Architectural BD Board B.I. Built-In BIT. Bituminous BLDG Building BLKG Blocking BM Beam B.O.F. Bottom of Footing B.O.W. Bottom of Wall B.W.L. Braced Wall Line CAB Cabinet CANT Cantilevered C.C. Center to Center CL Centerline CIP Cast-In-Place CMU Concrete Masonry Unit CONC Concrete CONT Continuous DBL Double DIM Dimensions DR Door DN Down DW Dishwasher EA Each ELEC Electrical EQ Equal EW Each Way EXC Excavate EXT. Exterior FCO Floor Cleanout FD Floor Drain FDN. Foundation FFE Finished Floor Elevation FG Finished Grade FL Floor Level FRPF Fireproof FT Feet FTG Footing FURN Furnace GYP Gypsum H.B. Hose Bib HVAC Heating, Ventilating, and Air Conditioning JST Joist IBC International Building Code IN Inches INSUL Insulation INT Interior IRC International Residential Code LH Left Hand LSL Laminated Strand Lumber LVL Laminated Veneer Lumber Mech. Mechanical M.O. Masonry Opening MSBC Minnesota State Building Code MSRC Minnesota State Residential Code O.C. On Center PL Property Line PLF Per Lineal Foot P.S.I. Pounds per Square Inch P.T. Pressure Treated R Radius REBAR Reinforcing Bar REFR Refrigerator REINF Reinforced REQD Required RH Right Hand RM Room R.O. Rough Opening SB Steel Beam SC Steel Column SD Smoke Detector SF Square Feet Specs. Specifications SQ Square SL Spring Line SIM. Similar T&G Tongue & Groove T.O.B. Top of Beam T.O.C. Top of Curb T.O.F. Top of Footing T.O.H. Top of Heel T.O.J. Top of Joist T.O.M. Top of Masonry T.O.W. Top of Wall TRTD Treated TYP. Typical U.N.O. Unless Noted Otherwise W/ With W.C. Water Closet (Toilet) W.H. Water Heater W.I.C. Walk-In Closet W/O Without W.S. Water Softener YDS Yards X N X 1 A-101 1 A-101 1 A-101 1 A-101 XX X STORY 0'-0" X STORY 0'-0" SECTION MARKER Sheet Reference Number Drawing Reference Number Sheet Reference Number Drawing Reference Number ELEVATION MARKER DETAIL MARKER Sheet Reference Number Drawing Reference Number REVISION MARKER Revision Number (Refer to Revision Log) LEVEL MARKER Reference Level Elevation (Main Level = 0'-0") WINDOW LABEL Window ID DOOR LABEL NORTH ARROW Nominal Door Slab Width Nominal Door Slab Height JOIST LABEL Joist Type Joist Orientation BEAM LINE Beam Type BEARING POST Bearing Post (Type & Size Varies) CEILING HEIGHT Ceiling Height (Rough Framing) X X X'-X"X'-X"X'-X"X Door ID Direction of True North Joist Spacing ENLARGED PLAN MARKER Sheet Reference Number Drawing Reference Number ELEMENT ABOVE Element Above Floor Plan Cut Plane HIDDEN ELEMENT Hidden Element CUT FILL SYMBOLS COVER FILL SYMBOLS X X X X X X X X SYMBOL KEY MATERIAL LEGEND Concrete Masonry Unit Nonstructural Brick Masonry Nonstructural Stone Masonry Steel Structural Concrete Nonstructural Concrete Plywood Wood Siding or Paneling Wood Flooring Gypsum Board Carpeting Rigid Insulation Spray Foam Insulation Batt Insulation Earth Glulam Shingles (Material & Exposure May Vary) Wood Siding or Paneling (Spacing & Orientation May Vary) Flagstone Brick (Bond May Vary) Board & Batten Fieldstone Limestone - Stacked Limestone - Stacked Concrete Masonry Unit GENERAL NOTES 1. Current International Residential Code (IRC) and Minnesota State Building Code (MSBC) shall govern. All Subcontractors and Vendors herein accept their respective responsibility for compliance. 2. Plans are representational only and are subject to field verification. 3. The Work shall include labor and material, not specifically indicated, which are necessary to complete the job in a manner which is consistent with Landschute standard practices. It is understood that the plans and specifications do not necessarily indicate all Work required for the full performance and completion of the Work. Inconsistencies in the quality or quantity of Work indicated shall be interpreted in accordance with Landschute standard practices and must be addressed prior to execution of the Work. 4. Any request for extra charges shall only be valid if submitted and agreed to prior to the execution of Work. Commencement of Work constitutes acceptance of substrate. All work shall be performed in a neat, craftsman like manner with extra care and consideration given to protecting work already in place. Each party is responsible for repairing its own damage to the job and for removing its own debris to a designated area on the job site. All tradesmen on the job are responsible for knowing and adhering to the above-outlined policies. 5. If Subcontractor / Vendor fails to correct work or persistently fails to carry out work as required, Landschute may, by giving 48 hour notice, terminate the agreement, perform the work itself and deduct the costs from any balance owed to Subcontractor / Vendor. If, during the first year of occupancy, it is necessary for the Subcontractor / Vendor to repair its work as a result of deficiency in labor or material, it shall also repair any subsequent trade's work as to create a finished product. 6. No payment for any subcontract labor shall be made until appropriate Certificates of Insurance, including coverage for both General Liability and Workers' Compensation are provided to and acknowledged by Landschute. 7. Selections for finish materials, fixtures, equipment, and furnishings to be coordinated directly between Client and Landschute. N REV DESCRIPTION ISSUE DATE ISSUED FOR 02 8/22/23 Variance Submission All ideas, designs, plans and specifications are the property of The Landschute Group, Inc. This copyrighted plan is an instrument of service to be used only by Landschute as it constructs the project for its client. Any other use is unauthorized and strictly prohibited (without Landschute’s express written permission) and subject to copyright protection under Section 102 of the Copyright Act, 17 U.S.C., as amended December 1, 1990, known as the Architectural Works Copyright Protection Act of 1990. Protection includes but is not limited to overall form as well as the arrangement of spaces and details of the design. Under such protection, unauthorized use of these plans, or works resulting from these plans, can result in the termination and loss of such construction as well as fines up to $100,000 per offense. A0.03 Existing Photos SHEET NAME SCALE AS INDICATED 202 Water St. #202 Excelsior, MN 55331 (952) 470-7416 Builder License: BC002303 © 2023 ARCHITECT & BUILDER COPYRIGHT NOTICE PROJECT PRINTED DATE: 8/22/23 DRAWN BY: ELH CURRENT REVISIONS ISSUE HISTORY HULL RESIDENCE PROJECT ADDRESS 2245 French Lake Road Orono, MN 55391 New Home CLIENT NAME Leigh and John Hull EXISTING HOUSE FROM STREET (NORTH)EXISTING GARAGE EXISTING WEST FAÇADE EXISTING SOUTH FAÇADE (LAKE SIDE)EXISTING SOUTH FAÇADE REV DESCRIPTION ISSUE DATE ISSUED FOR 02 8/22/23 Variance Submission All ideas, designs, plans and specifications are the property of The Landschute Group, Inc. This copyrighted plan is an instrument of service to be used only by Landschute as it constructs the project for its client. Any other use is unauthorized and strictly prohibited (without Landschute’s express written permission) and subject to copyright protection under Section 102 of the Copyright Act, 17 U.S.C., as amended December 1, 1990, known as the Architectural Works Copyright Protection Act of 1990. Protection includes but is not limited to overall form as well as the arrangement of spaces and details of the design. Under such protection, unauthorized use of these plans, or works resulting from these plans, can result in the termination and loss of such construction as well as fines up to $100,000 per offense. AS1.01 Architectural Site Plan SHEET NAME SCALE AS INDICATED 202 Water St. #202 Excelsior, MN 55331 (952) 470-7416 Builder License: BC002303 © 2023 ARCHITECT & BUILDER COPYRIGHT NOTICE PROJECT CURRENT REVISIONS ISSUE HISTORY PRINTED DATE: 8/22/23 DRAWN BY: ELH HULL RESIDENCE PROJECT ADDRESS 2245 French Lake Road Orono, MN 55391 New Home CLIENT NAME Leigh and John Hull 20' MINIMUM 24.252.424.352.6GarageShed12.612.610.8D e c kS u r v e y - l i n eW O O D E DW O O D E DT R E E L I N E9" CMP934942942944946944942940938936940944940940936934932942946944T i m b e r sG a r d e nC h a i n - L i n k F e n c eF e n c eP o s t / R a i lT i m b e r W a l lN 02°39'46" E 264.94 Meas. 265.00 PlatS 01°50'00" E 210.00S 76°28'48" E 73.9615±44±S 61°00'00" E 45.00S 74°00'00" E 60.00S 82°00'00" E 60.00N 68°00'00" E 50.00N 86°40'00" E 84.22N 73°30'00" E114.69 Meas. 115.00 PlatF r e n c h L a k eOHW = 930.0 (Per MN DNR)As Measured 05/02/2023 = 930.26S h o r e l i n eN 88°06'58" E 169.53 Meas. 170.00 PlatN 66°24'06" E 190.29 Meas. 190.00 Plat555Drainage & Utility Easement28"945.522"945.414"945.8TtpedEElec.Box947.5945.8943.6941.26"940.010"939.1/hse10"938.78"938.710"938.110"937.85" cluster937.8938.4937.6937.7938.9940.4937.0936.9936.7937.324"937.724"938.5935.6cmpinv=935.00cmpinv=935.5814"938.86"938.314"936.86"938.118"938.014"938.35"937.8937.5938.8939.7943.8944.0945.6946.214"944.28"943.86"944.6"944.04"942.614"942.18"942.824"943.814"945.37"943.218"940.118"942.918"944.112"946.07"947.512"944.318"945.7937.0941.1937.1936.812"943.312"942.06"941.36"941.48"941.510"941.818"943.712"943.910"943.95"940.714"940.910"944.310"943.512"943.712"943.18"942.55"940.314"940.010"939.05"939.38"940.68"944.610"945.516"945.48"945.24"944.912"945.08"944.518"944.36"944.4940.112"940.2939.7944.7946.4946.5944.3941.1GGasMeterEElec.Meter940.41329942.9940.0938.218"940.112"940.010"940.7938.6943.0944.4944.3946.2945.5944.9944.3945.5944.7940.934"940.9934.0Septic Inspection Pipe1390941.3940.7945.1940.4939.8939.4937.6941.1943.6945.2944.6940.2931.4Water Elevation930.266"934.212"934.38"939.210"937.718"934.510"933.6931.1931.5931.9930.6931.0931.2930.9931.826"936.1940.0943.1944.1944.9943.6939.4937.2935.4931.1939.3945.6940.2935.9934.5933.0936.3937.9939.7939.4939.5GARAGE FFE = 945.5 NEW RESIDENCE ML FFE = 946.69 LL FFE = 936.67 PATIO COVERED PORCH DRIVEWAY EXIST. RESIDENCE FFE = 947.9 POOL DECK GRADE = 938.0 HOT TUBTOW = 945.0BOW = 942.55940938936GRADE = 945 944GRADE = 939.5LINE OF EXIST. NONCONFORMING STRUCTURE LINE OF EXISTING UPPER PATIO938 5 0 ' S .B .L .30' S.B.L.1 5 0 ' S .B .L .30' S.B.L.WALKOUT GRADE = 938.0 POOLGRADE = 945 TOW = 941.9BOW = 938.0TOW = 944.0BOW = 942.0TOW = 941.6BOW = 938.0EGRESSWELLBOW = 938.0 TOW = 939.5 TENNIS COURT 942940LINE OF EXIST. DRIVEWAY PAVER WALK LINE OF EXISTING LOWER PATIO PATIO CANT. BAY TOE OFSEPTICMOUNDS h o r e l i n eWetlandSITE NOTES 1. Erosion control shall be installed in accordance with requirements of AHJ. 2. Tree removal and replacement to be conducted in accordance with requirements of AJH. 3. Shoring shall be provided as necessary based on site conditions. 4. Grading contours indicated on site plan are to be verified by surveyor. Refer to proposed certificate of survey for proposed certificate of survey for proposed site grading and retaining wall locations. 5. Retaining wall material and detailing to be determined at time of installation. Retaining wall height is not to exceed 4 feet unless engineering is provided. 6. Site stabilization to be 6" sod. 7. Slope final grade from foundation at minimum 2% slope. 8. New plantings to be determined at time of installation. 9. Driveway and sidewalk materials to be determined at time of installation. ZONING DISTRICT: RR-1B - One Family Rural Residential LOT AREA: 105,217 Sq. Ft. LAKE: FRENCH LAKE LAKE CLASSIFICATION: NE - Natural Environment OHWL: 930.0 DEVELOPMENT STANDARDS STREET FRONT SETBACK: 50' LAKE FRONT SETBACK: 150' (unsewered properties) SIDE YARD SETBACK: 30' OHWL SETBACK: 150' WETLAND SETBACK: 25' or to Wetland Buffer IMPERVIOUS SURFACE: 25% (26,304 Sq. Ft.) BUILDING HEIGHT: 30' SITE & ZONING INFORMATION NSCALE: 1" = 20' 1 Architectural Site Plan 0 10'20'40' REV DESCRIPTION ISSUE DATE ISSUED FOR 02 8/22/23 Variance Submission All ideas, designs, plans and specifications are the property of The Landschute Group, Inc. This copyrighted plan is an instrument of service to be used only by Landschute as it constructs the project for its client. Any other use is unauthorized and strictly prohibited (without Landschute’s express written permission) and subject to copyright protection under Section 102 of the Copyright Act, 17 U.S.C., as amended December 1, 1990, known as the Architectural Works Copyright Protection Act of 1990. Protection includes but is not limited to overall form as well as the arrangement of spaces and details of the design. Under such protection, unauthorized use of these plans, or works resulting from these plans, can result in the termination and loss of such construction as well as fines up to $100,000 per offense. AS1.02 Enlarged Site Analysis SHEET NAME SCALE AS INDICATED 202 Water St. #202 Excelsior, MN 55331 (952) 470-7416 Builder License: BC002303 © 2023 ARCHITECT & BUILDER COPYRIGHT NOTICE PROJECT CURRENT REVISIONS ISSUE HISTORY PRINTED DATE: 8/22/23 DRAWN BY: ELH HULL RESIDENCE PROJECT ADDRESS 2245 French Lake Road Orono, MN 55391 New Home CLIENT NAME Leigh and John Hull 20' MINIMUM 24.252.452.6GarageShed12.612.610.8T R E E L I N E94094494094028"945.5938.9940.4939.7944.0945.6946.214"944.28"943.86"944.6"944.04"942.614"942.18"942.812"943.312"942.06"941.36"941.48"941.510"941.818"943.712"943.910"943.95"940.714"940.910"944.310"943.512"943.712"943.18"942.55"940.314"940.010"939.05"939.38"940.68"944.610"945.516"945.48"945.24"944.912"945.08"944.518"944.36"944.4939.7944.7944.3941.1GGasMeter940.4940.934"940.9934.0Septic Inspection Pipe1390940.0943.1944.1944.9943.6939.4939.3945.6940.2935.9934.5939.7939.4939.5GARAGE FFE = 945.5 NEW RESIDENCE ML FFE = 946.69 LL FFE = 936.67 PATIO COVERED PORCH DRIVEWAY EXIST. RESIDENCE FFE = 947.9 POOL DECK GRADE = 938.0 HOT TUBTOW = 945.0BOW = 942.55940938936GRADE = 945 944GRADE = 939.5LINE OF EXIST. NONCONFORMING STRUCTURE LINE OF EXISTING UPPER PATIO938 5 0 ' S .B .L . 1 5 0 ' S .B .L .WALKOUT GRADE = 938.0 POOLGRADE = 945 TOW = 941.9BOW = 938.0TOW = 944.0BOW = 942.0TOW = 941.6BOW = 938.0EGRESSWELLBOW = 938.0 TOW = 939.5942940 LINE OF EXIST. DRIVEWAY PAVER WALK LINE OF EXISTING LOWER PATIO PATIO CANT. BAY TOE OFSEPTICMOUNDNSCALE: 1" = 10' 1 Enlarged Site Analysis 0 5'10'20' NEW STRUCTURE FOOTPRINT OUTSIDE OF EXISTING STRUCTURE FOOTPRINT & OUTSIDE OF ALLOWABLE BUILDING SETBACK NEW PATIO AREA BEYOND EXISTING PATIO & STRUCTURE FOOTPRINT FOOTPRINT OF EXISTING STRUCTURE SITE PLAN LEGEND TOTAL BUILDING AREA FLOOR Lower Level, Finished Area Main Level, Finished Area Second Level, Finished Area AREA 1,144 2,002 1,003 4,149 ft² REV DESCRIPTION ISSUE DATE ISSUED FOR 02 8/22/23 Variance Submission NAll ideas, designs, plans and specifications are the property of The Landschute Group, Inc. This copyrighted plan is an instrument of service to be used only by Landschute as it constructs the project for its client. Any other use is unauthorized and strictly prohibited (without Landschute’s express written permission) and subject to copyright protection under Section 102 of the Copyright Act, 17 U.S.C., as amended December 1, 1990, known as the Architectural Works Copyright Protection Act of 1990. Protection includes but is not limited to overall form as well as the arrangement of spaces and details of the design. Under such protection, unauthorized use of these plans, or works resulting from these plans, can result in the termination and loss of such construction as well as fines up to $100,000 per offense. A1.01 Lower Level Plan SHEET NAME SCALE AS INDICATED CURRENT REVISIONS ISSUE HISTORY 202 Water St. #202 Excelsior, MN 55331 (952) 470-7416 Builder License: BC002303 © 2023 ARCHITECT & BUILDER COPYRIGHT NOTICE PROJECT PRINTED DATE: 8/22/23 DRAWN BY: ELH HULL RESIDENCE PROJECT ADDRESS 2245 French Lake Road Orono, MN 55391 New Home CLIENT NAME Leigh and John Hull123UP3 RISERS (6") W-02 W-03 W-03W-03 6'-8" 2'-6" 6'-8" 2'-4"W-01W-016'-8" 2'-8"6'-8"2'-4"6'-8"3'-0"6'-8" 2'-4"6'-8"2'-8"6'-8"2'-4"36" REFR W/DCANTILEVER ABOVE DECK ABOVE ENTERTAINMENT GUEST ROOM GUEST BATHUNEXCAVATED UNFINISHEDTV CLOSETCLOSET OVEN DW BENCHPOOL POOL DECK HALLWAY OPEN RAIL 3 A3.01 2 A2.012 A2.02 1 A2.02 1 A2.01 1234567UP16 RISERS (7 27/64")W-05W-04W-041 A3.01 1 A3.01 2 A3.01 2 A3.01 FRAMING NOTES GENERAL FRAMING 1. All dimensions are to face of rough framing unless U.N.O. 2. Ceiling heights indicated do not necessarily coincide with wall heights. Refer to sections and structural roof layout for wall framing heights. 3. Refer to steel shop drawings for steel connection details. 4. All steel beams and columns at exterior walls to be held back 2" from exterior of structure to allow for 2" insulation. 5. Refer to shop drawings provided by supplier for all framing, electrical, and mechanical requirements of all specialty equipment, including but not limited to fireplaces and elevators. WALL FRAMING 1. Interior bearing walls to be 2x6 SPF studs @ 16" O.C. w/ double top plate and single bottom plate U.N.O. 2. Lower level bearing walls to be bolted to 4x6 pressure treated lumber flush to concrete floor slab (refer to foundation details). 3. All plates in contact with concrete slabs to be treated lumber. 4. Interior partition walls to be 2x4 SPF studs @ 16" O.C. U.N.O. 5. All window and door headers to be dropped (2) 2x10 SPF U.N.O. 6. All bearing posts to be (2)2x6 U.N.O. 7. Refer to section and detail drawings for exterior sheathing, weatherproofing, and cladding details. 8. Refer to structural for wall bracing design. 9. Allow for 3 1/2" casing at all window and door openings. FLOOR FRAMING 1. Sill plates at foundation walls to be continuous 2x6 pressure treated lumber on sill gasket. 2. Deck framing to be treated SPF U.N.O. 3. Floor and roof framing layouts to be designed and provided by supplier. 4. All beams to be flush U.N.O. 5. Floor assemblies to comply with SMRC R.302.13. 6. All joist hangers mounted on steel beams to be face-mounted.SCALE: 1/4" = 1'-0" 1 Lower Level Plan 0 2'4'8' TOTAL BUILDING AREA FLOOR Lower Level, Finished Area Main Level, Finished Area Second Level, Finished Area AREA 1,144 2,002 1,003 4,149 ft² REV DESCRIPTION ISSUE DATE ISSUED FOR 02 8/22/23 Variance Submission NAll ideas, designs, plans and specifications are the property of The Landschute Group, Inc. This copyrighted plan is an instrument of service to be used only by Landschute as it constructs the project for its client. Any other use is unauthorized and strictly prohibited (without Landschute’s express written permission) and subject to copyright protection under Section 102 of the Copyright Act, 17 U.S.C., as amended December 1, 1990, known as the Architectural Works Copyright Protection Act of 1990. Protection includes but is not limited to overall form as well as the arrangement of spaces and details of the design. Under such protection, unauthorized use of these plans, or works resulting from these plans, can result in the termination and loss of such construction as well as fines up to $100,000 per offense. A1.02 Main Level Plan SHEET NAME SCALE AS INDICATED CURRENT REVISIONS ISSUE HISTORY 202 Water St. #202 Excelsior, MN 55331 (952) 470-7416 Builder License: BC002303 © 2023 ARCHITECT & BUILDER COPYRIGHT NOTICE PROJECT PRINTED DATE: 8/22/23 DRAWN BY: ELH HULL RESIDENCE PROJECT ADDRESS 2245 French Lake Road Orono, MN 55391 New Home CLIENT NAME Leigh and John Hull FRAMING NOTES GENERAL FRAMING 1. All dimensions are to face of rough framing unless U.N.O. 2. Ceiling heights indicated do not necessarily coincide with wall heights. Refer to sections and structural roof layout for wall framing heights. 3. Refer to steel shop drawings for steel connection details. 4. All steel beams and columns at exterior walls to be held back 2" from exterior of structure to allow for 2" insulation. 5. Refer to shop drawings provided by supplier for all framing, electrical, and mechanical requirements of all specialty equipment, including but not limited to fireplaces and elevators. WALL FRAMING 1. Interior bearing walls to be 2x6 SPF studs @ 16" O.C. w/ double top plate and single bottom plate U.N.O. 2. Lower level bearing walls to be bolted to 4x6 pressure treated lumber flush to concrete floor slab (refer to foundation details). 3. All plates in contact with concrete slabs to be treated lumber. 4. Interior partition walls to be 2x4 SPF studs @ 16" O.C. U.N.O. 5. All window and door headers to be dropped (2) 2x10 SPF U.N.O. 6. All bearing posts to be (2)2x6 U.N.O. 7. Refer to section and detail drawings for exterior sheathing, weatherproofing, and cladding details. 8. Refer to structural for wall bracing design. 9. Allow for 3 1/2" casing at all window and door openings. FLOOR FRAMING 1. Sill plates at foundation walls to be continuous 2x6 pressure treated lumber on sill gasket. 2. Deck framing to be treated SPF U.N.O. 3. Floor and roof framing layouts to be designed and provided by supplier. 4. All beams to be flush U.N.O. 5. Floor assemblies to comply with SMRC R.302.13. 6. All joist hangers mounted on steel beams to be face-mounted. DN DNDNW-21 7'-0" 9'-0" 7'-0" 9'-0" 7'-0" 9'-0" W-07 W-07 8'-0" 6'-0" W-18W-18W-18 W-18 W-18 W-20W-20W-20W-12W-13W-13W-11 W-16W-16 W-17 W-15W-156'-8"2'-4"6'-8" 2'-8"6'-8"5'-0"6'-8" 2'-8" 6'-8" 2'-4"6'-8"2'-4"W-10 W-10W-10W-09 6'-8"3'-0"6'-8" 3'-0" W-07 6'-8"2'-8"6'-8"2'-4"6'-8" 2'-8" 6'-8" 3'-0"6'-8"3'-0"W-08 W-19W-196'-8" 2'-6" W-14W-14 W-14 6'-8"2'-4"6'-8" 2'-8" D 48" RANGE42"REFRW 24'-0"6'-0"20'-0"14'-0"5'-0"14'-0"1'-6" 11'-0" 1'-6"12'-0"24'-0"18'-0"32'-0"2'-0"12'-0"10'-0"2'-0"22'-0"39'-6"5'-6"14'-0" 3 A3.01 2 A2.012 A2.02 1 A2.02 1 A2.01 ROOF ABOVE STRUCTURAL BRACKETS WOOD RAILING CEDAR DECKING PAVER STOOP PAVER PATIO REAR FP VENT KITCHEN DINING BACK KITCHEN 3 CAR GARAGE PRIMARY SUITE PRIMARY BATH PRIMARY CLOSET LIVING FOYER LAKE PATIO ENTRY PORCH PWDR LOCKERSBENCH B.I.B.I.LINENDRESSERTV/DISPLAYMUD ROOM/ LAUNDRY DESK OFFICE BACK HALL BOOKSHLEF42" DIRECTVENT FPBRM CLO. BENCHGRILL BENCH(VAULTED) GARAGE HEAT OPEN RAIL OPEN RAIL8' CEILING 9' CEILING 9' CEILING 8'-9" CEILING OPEN RAIL 9' CEILING FLOOR DRAINS 123456UP6'-8"2'-8"DN 14'-7" 1 A3.01 1 A3.01 2 A3.01 2 A3.01PANTRY SCALE: 1/4" = 1'-0" 1 Main Level Plan 0 2'4'8' TOTAL BUILDING AREA FLOOR Lower Level, Finished Area Main Level, Finished Area Second Level, Finished Area AREA 1,144 2,002 1,003 4,149 ft² REV DESCRIPTION ISSUE DATE ISSUED FOR 02 8/22/23 Variance Submission NAll ideas, designs, plans and specifications are the property of The Landschute Group, Inc. This copyrighted plan is an instrument of service to be used only by Landschute as it constructs the project for its client. Any other use is unauthorized and strictly prohibited (without Landschute’s express written permission) and subject to copyright protection under Section 102 of the Copyright Act, 17 U.S.C., as amended December 1, 1990, known as the Architectural Works Copyright Protection Act of 1990. Protection includes but is not limited to overall form as well as the arrangement of spaces and details of the design. Under such protection, unauthorized use of these plans, or works resulting from these plans, can result in the termination and loss of such construction as well as fines up to $100,000 per offense. A1.03 Upper Level Plan SHEET NAME SCALE AS INDICATED CURRENT REVISIONS ISSUE HISTORY 202 Water St. #202 Excelsior, MN 55331 (952) 470-7416 Builder License: BC002303 © 2023 ARCHITECT & BUILDER COPYRIGHT NOTICE PROJECT PRINTED DATE: 8/22/23 DRAWN BY: ELH HULL RESIDENCE PROJECT ADDRESS 2245 French Lake Road Orono, MN 55391 New Home CLIENT NAME Leigh and John Hull FRAMING NOTES GENERAL FRAMING 1. All dimensions are to face of rough framing unless U.N.O. 2. Ceiling heights indicated do not necessarily coincide with wall heights. Refer to sections and structural roof layout for wall framing heights. 3. Refer to steel shop drawings for steel connection details. 4. All steel beams and columns at exterior walls to be held back 2" from exterior of structure to allow for 2" insulation. 5. Refer to shop drawings provided by supplier for all framing, electrical, and mechanical requirements of all specialty equipment, including but not limited to fireplaces and elevators. WALL FRAMING 1. Interior bearing walls to be 2x6 SPF studs @ 16" O.C. w/ double top plate and single bottom plate U.N.O. 2. Lower level bearing walls to be bolted to 4x6 pressure treated lumber flush to concrete floor slab (refer to foundation details). 3. All plates in contact with concrete slabs to be treated lumber. 4. Interior partition walls to be 2x4 SPF studs @ 16" O.C. U.N.O. 5. All window and door headers to be dropped (2) 2x10 SPF U.N.O. 6. All bearing posts to be (2)2x6 U.N.O. 7. Refer to section and detail drawings for exterior sheathing, weatherproofing, and cladding details. 8. Refer to structural for wall bracing design. 9. Allow for 3 1/2" casing at all window and door openings. FLOOR FRAMING 1. Sill plates at foundation walls to be continuous 2x6 pressure treated lumber on sill gasket. 2. Deck framing to be treated SPF U.N.O. 3. Floor and roof framing layouts to be designed and provided by supplier. 4. All beams to be flush U.N.O. 5. Floor assemblies to comply with SMRC R.302.13. 6. All joist hangers mounted on steel beams to be face-mounted.W-28W-23W-24W-246'-8" 2'-4" 6'-8" 2'-6" 6'-8" 2'-6"6'-8"2'-4"6'-8" 2'-6"6'-8"2'-4"6'-8" 2'-4"W-24W-24W-27W-22W-22W-22 W-22 W-22 3 A3.01 2 A2.012 A2.02 1 A2.02 1 A2.01 3'-0"28'-0"3'-0" 34'-0"32'-0"4'-0"26'-0"4'-0" SEE ELEVATIONS FOR GABLE END WINDOW LOCATIONS SEE ROOF PLAN BR #2 BR #3 PLAY ROOM/ SITTING ROOM DESKTV/BOOKCASEBATH #2 CLO. #2 CLO. #3 BATH #3LINENDAYBEDDAYBED BOOKCASEBOOKCASEBOOKCASEBOOKCASELINENLINEN 3'-4" S.L.3'-4" S.L. OPEN RAIL 8' CEILING DNW-26 W-25 W-25W-25W-25 6'-4 5/8" S.L. 5'-9 5/8" S.L. ATTIC ACCESS (PULL-DOWN) 1 A3.01 1 A3.01 2 A3.01 2 A3.01 HATCHED AREA INDICATES MECH. ROOM ABOVE SCALE: 1/4" = 1'-0" 1 Second Level Plan 0 2'4'8' REV DESCRIPTION ISSUE DATE ISSUED FOR 02 8/22/23 Variance Submission All ideas, designs, plans and specifications are the property of The Landschute Group, Inc. This copyrighted plan is an instrument of service to be used only by Landschute as it constructs the project for its client. Any other use is unauthorized and strictly prohibited (without Landschute’s express written permission) and subject to copyright protection under Section 102 of the Copyright Act, 17 U.S.C., as amended December 1, 1990, known as the Architectural Works Copyright Protection Act of 1990. Protection includes but is not limited to overall form as well as the arrangement of spaces and details of the design. Under such protection, unauthorized use of these plans, or works resulting from these plans, can result in the termination and loss of such construction as well as fines up to $100,000 per offense. A1.04 Roof Plan SHEET NAME SCALE AS INDICATED 202 Water St. #202 Excelsior, MN 55331 (952) 470-7416 Builder License: BC002303 © 2023 ARCHITECT & BUILDER COPYRIGHT NOTICE PROJECT CURRENT REVISIONS ISSUE HISTORY PRINTED DATE: 8/22/23 DRAWN BY: ELH HULL RESIDENCE PROJECT ADDRESS 2245 French Lake Road Orono, MN 55391 New Home CLIENT NAME Leigh and John Hull ROOF PLAN NOTES 1. At nominally flat roof-to-wall conditions, adhere EPDM to wall sheathing and extend up wall 2'-0" beneath siding. 2. Penetrations to be flashed per manufacturer requirements. 3. Finish of flashing and drop edge to be determined at time of installation. 4. Roof shingle material and exposure to be determined at time of installation. 5. Gutter locations and selections to be determined at time of installation. ROOF AREA Top Surface Roof - Asphalt Roof - Rubber Area 4,804 243 3 A3.01 2 A2.012 A2.02 1 A2.02 1 A2.01 NOMINALLY FLAT EPDM ROOF PITCH TO PERIMETER AT 1/4":1' ASPHALT SHINGLES 4/12 PITCH 4/12 PITCH 4/12 PITCH 4/12 PITCH 4/12 PITCH 4/12 PITCH 4/12 PITCH 4/12 PITCH 10/12 PITCH 10/12 PITCH 10/12 PITCH10/12 PITCH 10/12 PITCH 10/12 PITCH 4/12 PITCH 1 A3.01 1 A3.01 2 A3.01 2 A3.01 SCALE: 1/4" = 1'-0" 1 Roof Plan 0 2'4'8' REV DESCRIPTION ISSUE DATE ISSUED FOR 02 8/22/23 Variance Submission All ideas, designs, plans and specifications are the property of The Landschute Group, Inc. This copyrighted plan is an instrument of service to be used only by Landschute as it constructs the project for its client. Any other use is unauthorized and strictly prohibited (without Landschute’s express written permission) and subject to copyright protection under Section 102 of the Copyright Act, 17 U.S.C., as amended December 1, 1990, known as the Architectural Works Copyright Protection Act of 1990. Protection includes but is not limited to overall form as well as the arrangement of spaces and details of the design. Under such protection, unauthorized use of these plans, or works resulting from these plans, can result in the termination and loss of such construction as well as fines up to $100,000 per offense. A2.01 Exterior Elevations SHEET NAME SCALE AS INDICATED 202 Water St. #202 Excelsior, MN 55331 (952) 470-7416 Builder License: BC002303 © 2023 ARCHITECT & BUILDER COPYRIGHT NOTICE PROJECT PRINTED DATE: 8/22/23 DRAWN BY: ELH CURRENT REVISIONS ISSUE HISTORY HULL RESIDENCE PROJECT ADDRESS 2245 French Lake Road Orono, MN 55391 New Home CLIENT NAME Leigh and John Hull -9'-10 3/4" -1 Lower Level -9'-10 3/4" -1 Lower Level ±0" 1 Main Level ±0" 1 Main Level +10'-1 3/4" 2 Second Level +10'-1 3/4" 2 Second Level OPTION FOR CHIMNEY HEIGHT OF RIDGE OF EXISTING HOUSE PREMIUM ASPHALT SHINGLES WHITE CLAD WINDOWS MACHINE CUT CEDAR SHINGLE SIDING, STAINED WITH APPROVED FINISH -9'-10 3/4" -1 Lower Level -9'-10 3/4" -1 Lower Level ±0" 1 Main Level ±0" 1 Main Level +10'-1 3/4" 2 Second Level +10'-1 3/4" 2 Second Level FIREPLACE VENT POOL SCALE: 1/4" = 1'-0" 1 South Elevation SCALE: 1/4" = 1'-0" 2 West Elevation REV DESCRIPTION ISSUE DATE ISSUED FOR 02 8/22/23 Variance Submission All ideas, designs, plans and specifications are the property of The Landschute Group, Inc. This copyrighted plan is an instrument of service to be used only by Landschute as it constructs the project for its client. Any other use is unauthorized and strictly prohibited (without Landschute’s express written permission) and subject to copyright protection under Section 102 of the Copyright Act, 17 U.S.C., as amended December 1, 1990, known as the Architectural Works Copyright Protection Act of 1990. Protection includes but is not limited to overall form as well as the arrangement of spaces and details of the design. Under such protection, unauthorized use of these plans, or works resulting from these plans, can result in the termination and loss of such construction as well as fines up to $100,000 per offense. A2.02 Exterior Elevations SHEET NAME SCALE AS INDICATED 202 Water St. #202 Excelsior, MN 55331 (952) 470-7416 Builder License: BC002303 © 2023 ARCHITECT & BUILDER COPYRIGHT NOTICE PROJECT PRINTED DATE: 8/22/23 DRAWN BY: ELH CURRENT REVISIONS ISSUE HISTORY HULL RESIDENCE PROJECT ADDRESS 2245 French Lake Road Orono, MN 55391 New Home CLIENT NAME Leigh and John Hull -9'-10 3/4" -1 Lower Level -9'-10 3/4" -1 Lower Level ±0" 1 Main Level ±0" 1 Main Level +10'-1 3/4" 2 Second Level +10'-1 3/4" 2 Second Level HEIGHT OF RIDGE OF EXISTING HOUSE ±0" 1 Main Level ±0" 1 Main Level +10'-1 3/4" 2 Second Level +10'-1 3/4" 2 Second Level SCALE: 1/4" = 1'-0" 1 North Elevation SCALE: 1/4" = 1'-0" 2 East Elevation Date Application Received: 03/07/2023 Date Application Considered as Complete: 03/15/2023 60-Day Review Period Expires: 05/17/2023 To: Chair Bollis and Planning Commission Members Adam Edwards, City Administrator From: Natalie Nye, Planner Date: September 18, 2023 Subject: #LA23-000047, Erica Hway with Landschute o/b/o Alexander Johnston, 2245 French Lake Road, Variances - Public Hearing Background The applicant is proposing to demolish the existing home on the property and construct a new home in a similar location. The existing home does not meet the required 150-foot lake setback from the Ordinary High Water Level (OHWL) of French Lake. The proposed home will be no closer to the lake than the existing home and the proposed patio will also maintain a similar setback of the existing patio. The applicant has proposed to move the home and the building massing away from the lake reducing the existing encroachments within the lake setback by constructing a smaller home, however the applicant is requesting to square off the existing patio space to support a pool within the lake setback. Additionally, to support the proposed patios and accessory structure improvements for the site the applicant is proposing new retaining walls within the 150’ Shore setback. These retaining walls are over 100’ away from the OHWL of French Lake and should not impact the natural vegetation or shoreline of the lake. All other setbacks including the average lakeshore setback have been met. The total hardcover on the site meets the requirement, however the proposal includes new hardcover within the 150-foot lake setback. Therefore, the applicant is requesting variances in order to build a primary building within the 150-foot lake setback line and to construct new hardcover within the 150-foot lake setback. Practical Difficulties Analysis Applicant Submittal Information: The applicant has identified the existing conditions of the property as practical difficulties. The existing topography, existing vegetation and existing septic system limit the placement of a new house. The applicant is proposing to maintain similar setbacks of the existing home, which are nonconforming. Planning Staff Practical Difficulty Analysis: Staff agrees with the applicant’s assessment. The current home on the property does not meet the required 150-foot lake setback. The applicant is proposing to construct a new home in a similar location and decreasing the building footprint and massing within the lake setback. The proposed home is approximately 2,000 square feet smaller in footprint than the existing home. The patio and pool spaces are capturing the original building and patio footprint from the existing house. The new patio and retaining walls within the lake setback are necessary due to the topography of the property. The commission should ask the applications for additional testimony regarding the accessory structures on the site including tennis court, pool, patios and retaining walls. The existing conditions of the property including the topography, vegetation, and septic system limit the placement of the new home. All other setbacks and zoning regulation are proposed to be met. The total hardcover on the property is proposed to be reduced slightly from 20.8% to 19.3%. Application Summary: The applicant is requesting variances from the 150-foot lake building setback, hardcover within the 150-foot lake setback, and retaining walls within the Shore Setback in order to construct a new home. Staff Recommendation: Planning Department Staff recommends approval. FILE #LA23-000047 September 18, 2023 Page 2 of 5 LOT ANALYSIS WORKSHEET Section 78-350 & 78-1279 – Setbacks: RR-1B District Required Existing Proposed Rear/Street 50’ 73.9 73.9’ East Side 30’ 148’ 149’ West Side 30’ 129’ 155’ Lakeshore 150’ House – 125.4’ Patio – 108’ House – 125.4’ Patio – 102.7 Average Lakeshore Met Section 78-350 – Lot Area/Width: LR-1B District Lot Area Lot Width Required 87,120 s.f. (2.0 acres) 200’ Actual 110,178 s.f. (2.5 acre) 432’@ 150’ / 416’ @ OHWL Section 78-1403 – Structural Building Coverage: Total Lot Area Total Structural Coverage 110,178 s.f. (2.5 acre) Allowed: 22,035.6 s.f. (20%) Existing: 6,830 s.f. (6.2%) Proposed: 4,489 s.f. (4.1%) Section 78-1680 and 78-1700 – Hardcover Calculations: Stormwater Overlay District Tier Total Area Allowed Hardcover Existing Hardcover Proposed Hardcover Tier 1 110,178 s.f. 27,544.5 s.f. (25 %) 22,896 s.f. (20.78%) 21,219 s.f. (19.26%) Applicable Regulations: 150-foot Lakeshore Setback Variances (Section 78-1279) The property is located on French Lake which is classified as a natural environment lake per the City Code. Natural environment lakes require a 150-foot setback from the OHWL. The existing home is approximately 125 feet from the OHWL and is nonconforming to the setback requirements. The applicant is proposing to demolish the existing home and construct a new, smaller home in a similar location. The proposal will maintain the setback from the lake, but some of the massing of the home has been decreased within the setback. This can be seen clearly in Exhibit F, page AS1.01. Hardcover Variance (Section 78-1680) The property has a maximum hardcover allowance of 25% of the total lot area. The existing conditions of the site meet the requirement at 20.78%. The proposal reduces the hardcover slightly to an overall hardcover of 19.26% for the site. Although the overall hardcover meets, the current and proposed site plans include hardcover within the 150-foot lake setback. The City Code prohibits structures or hardcover, with some exceptions like lake stairs, within the required lake setbacks. The existing home is situated beyond the setback line at about 125 feet from the OHWL when a 150-foot setback is required. Therefore, much of the existing home is within the setback. Additionally, the existing home has patios and a tennis court that encroaches into the required lake setback. The applicant is proposing to keep the existing tennis court as is. The applicant has proposed a new patio and pool in a similar location to the existing patio. The FILE #LA23-000047 September 18, 2023 Page 3 of 5 setback of approximately 108 feet will be reduced to approximately 103 feet. The new patio will be in a similar location, but will simply be squared off for better usability. Retaining Wall Variance (Section 78-1279) The City Code does not permit retaining walls within a required lake setback. The applicant is proposing several retaining walls to support the proposed patio and pool. The retaining walls are over 100 feet from French Lake and should not negatively impact the natural environment of the lake. 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 variances for the construction of a new single-family home are supported by practical difficulties. Much of the existing home is located within the 150-foot lake setback. Therefore, the current property has hardcover within the required lake setback as well. The applicant is proposing to demolish the existing home and construct a new, smaller home in a similar location. The new home will maintain the existing setback of 125 feet from the OHWL. The proposed patio will also maintain a similar location to the existing patio, with a slightly reduced setback due to the new patio being a different shape. The new patio will require some retaining walls within the lake setback, which is not permitted by the City Code. The placement of the new home on the lot is limited by the existing topography, tree coverage, and existing improvements. The applicant is preserving the existing septic system and is proposing to keep certain elements of the site including a detached garage and tennis court. The construction of a new home is in harmony with the general intent of the Ordinance due to the practical difficulties of the property’s existing conditions. This criterion is met. 2. The variance is consistent with the comprehensive plan. The variances resulting in a new single- family home is consistent with the Comprehensive Plan. The applicant has identified necessary practical difficulties inherent to the land supporting their requests. The overall reduction in total hardcover and bringing much of the massing of the home away from the lake are in line with the goals of the Comprehensive Plan. This criterion is 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 a new single-family home is a reasonable use FILE #LA23-000047 September 18, 2023 Page 4 of 5 of the property. The proposed home is over 2,000 square feet smaller in footprint than the existing home and there is an overall reduction in hardcover. This criterion is met. b. There are circumstances unique to the property not created by the landowner; The existing house was not built by the current owners. The existing conditions of the lot including the location of the existing structures and improvements were not created by the new landowner. Additionally, the topography and vegetation further limit the placement of a new home and that is not a circumstance created by the landowner; and c. The variance will not alter the essential character of the locality. The proposed variances resulting in the construction of a new single-family home is supported by practical difficulties and will not alter the character of the area. The proposed home is smaller in size and the overall hardcover is reduced. The setbacks from the lake remain similar to that of the existing home and improvements. The average lakeshore setback is also conforming for this property. 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 a permitted use 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 existing conditions of the property including the existing location of structures, septic system, topography and vegetation a 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 topography 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 is in a nonconforming location. The proposal is to construct a new single-family home in a similar location and maintain the current setbacks. However, the house size will be reduced and the overall hardcover will be reduced on the site. This criterion is met. FILE #LA23-000047 September 18, 2023 Page 5 of 5 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 will not adversely impact health, safety, comfort, or morals of the community. 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 variances allow for the construction of a new home in a similar location to that of the existing home. 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 The applicant has reached out to neighboring property owners, but has not provided any acknowledgement forms. No public comments have been received regarding this project. The applicant should be asked if they have received support from the neighbors. 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. Are the accessory structures of the pool, retaining walls and patio reasonable and necessary? 4. The Commission should discuss the existing nonconforming elements of the site that are proposed to remain including the tennis court and detached garage. Could removal of any nonconforming structures bring the property closer to conformance. Planning Staff Recommendation Staff is supportive of the requested variances from the 150-foot lake setback, hardcover and retaining walls within the 150-foot lake setback for the construction of a new single-family home. List of Exhibits Exhibit A. Application Exhibit B. Practical Difficulties Form Exhibit C. Narrative Exhibit D. Proposed Survey Exhibit E. Existing Survey Exhibit F. Plans Exhibit G. Hardcover Calculations Exhibit H. Aerial Map Exhibit I. Mailing List & Map AGENDA ITEM Prepared By: mcc Reviewed By: LLO Approved By: 1. Purpose. This application is regarding variances to support redevelopment of the property. 2. MN§15.99 Application Deadline. The application was received on August 23, 2023 and considered to be complete on September 1, 2023. Therefore the 60-Day review period expires on October 31, 2023. 3. Background/ Summary. The applicant is requesting variances in order to construct a new home on a narrow lakeshore lot. The new home is proposed to meet all of the required setbacks. The lakeside patio and portions of the pergola are recapturing the footprint from the existing home within the average lakeshore setback and are not considered to be new encroachments. Variances for lot width, lot area, and hardcover to exceed 25% are requested. 4. Variance Description. The property is nonconforming with respect to area and width. The request for the hardcover variance results in the property’s inability to conform to all of the lot of record administrative approval standards. Therefore, lot area and lot width variances are also required in order to redevelop the property. The applicant is proposing 35.5% hardcover where 44.4% currently exists. This is a reduction of the overall hardcover by 1,126 square feet (an 8.9% reduction from the existing level). 5. Planning Commission Vote and Comment. On September 18th, the Planning Commission held a public hearing. The Commission discussed the proposed project including the reduction in hardcover as a significant improvement. Following the public hearing, the Planning Commission voted 6 to 0 on a motion for approval as applied. The draft minutes are not yet available at the time of this writing. The meeting discussion from the September 18th meeting can be viewed on the City’s website. 6. Public Comment. Acknowledgement forms were received from the neighbors on either side and are attached as Exhibit C. 7. Staff Recommendation. Planning Staff recommends approval. COUNCIL ACTION REQUESTED Move to adopt Resolution No. 7408 attached as Exhibit A. Exhibits A. Proposed Resolution No. 7408 B. Proposed Plans C. Neighbor Acknowledgement Forms D. PC Staff Report 09/18/2023 References PC Exhibits 09/18/2023 A. Application B. Practical Difficulties Documentation Form C. Proposed Survey & Existing Site Plan Item No.: 12 Date: October 9, 2023 Item Description: LA23-000048, Sharratt Design, 3548 Ivy Place, Lot Area, Lot Width, and Hardcover Variances – Resolution No. 7408 Presenter: Melanie Curtis Planner Agenda Section: Consent Agenda AGENDA ITEM Prepared By: mcc Reviewed By: LLO Approved By: D. Proposed Plans and Elevations E. Submitted Hardcover Calculations F. Aerial Photos G. Property Owners List H. Plat Map CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7408 1 A RESOLUTION APPROVING VARIANCES FROM MUNICIPAL ZONING CODE SECTIONS 78-350 & 78-1700 FILE NO. LA23-000048 WHEREAS, on August 23, 2023, on behalf of the property owners, Michael Sharratt of Sharratt Design (hereinafter the “Applicant”), applied for variances from the City Code for the property addressed 3548 Ivy Place and legally described as: Lot 174, Taylor’s Subdivision of Spring Lake Park Lots, Hennepin County, Minnesota (hereinafter the “Property”); WHEREAS, the Applicant has made application to the City of Orono for variances from Orono Municipal Zoning Code Section 78-350 to allow redevelopment of the nonconforming lot 0.28 acre in area and 52 feet in width where 0.5 acre and 100 feet of width are required; and WHEREAS, the Applicant has made application to the City of Orono for a variance from Orono Municipal Zoning Code Section 78-1700 to permit 35.5% hardcover where 25% is required and 44.4% currently exists, in conjunction with redevelopment of the Property; and WHEREAS, on September 18, 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 September 18, 2023, the Planning Commission recommended approval of the variances by a 6 to 0 vote; and WHEREAS, on October 9, 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: CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7408 2 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-1C Single Family Lakeshore Residential Zoning District. A3. The Property contains 0.28 acres in area and has a defined lot width of 52-feet. A4. The Property is within Tier 1 and hardcover is limited to 25% according to the Stormwater Quality Overlay District. A5. Applicant has applied for the following variance[s]: a. Lot Width Variance b. Lot Area Variance c. Hardcover 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 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: B1. “Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance . . . .” The proposed variances are in harmony with the purpose of the Ordinance. The substandard lot has difficulties in its small size and width make development difficult. The challenges with Ivy Place’s narrow width requires guest parking to be accommodated on site resulting in the need for additional hardcover. B2. “Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan.” The variances requested in order to rebuild home on this nonconforming lot are consistent with the comprehensive plan. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7408 3 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 for variances supporting construction of a new residence on the substandard lot is reasonable. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The substandard lot size is an existing condition, there is no available land with which to make the Property more conforming. The restricted roadway and substandard lot size are challenges not created by the owners. There should be consideration for variances for the Property which is substandard in area and hardcover requirements. The project has been designed with an effort toward limiting the additional hardcover without sacrificing functionality; and c. The variance, if granted, will not alter the essential character of the locality.” The variances are requested in order to permit construction of a new home in a conforming footprint, which is reasonable. 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 single-family residence is an allowed use in the LR-1C 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 parking difficulties also apply to many of the properties in the immediate neighborhood. The CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7408 4 proposed hardcover level is an improvement from the existing condition and 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.” The Property’s substandard area and width, combined with the challenges resulting from the narrow roadway create difficulties which apply to few properties in the City. The immediate neighboring properties have similar challenges. B10. “The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.” The proposed size of the home is below the 20% structural coverage limit. Granting of the lot area, lot width, and hardcover variances are necessary for the preservation of the property right of the owners. 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 the variances for lot area, lot width, and hardcover in this situation is not contrary to the intent of the zoning chapter. B12. “The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty.” Without variances the Property is unbuildable. The variances for lot area, width, and hardcover are necessary, and do not merely serve as a convenience to the applicant. 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 78-350 to allow redevelopment of the nonconforming lot 0.28 acre in area and 52 feet in width where 0.5 acre and 100 feet of width are required; and a variance from Orono Municipal Zoning Code Section 78-1700 to permit 35.5% hardcover where 25% is required and 44.4% currently exists, in conjunction with redevelopment of 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 dated August 23, 2023 and revised on August 30, 2023 and building plans submitted by the Applicant 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. 7408 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 (October 9, 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 9th day of October, 2023. CITY OF ORONO: ________________________________ Dennis Walsh, Mayor ATTEST: _______________________________ Anna Carlson, City Clerk T N 46°36'33" E 218.67S 4 4 ° 5 5 ' 5 6 " E 5 0 . 2 6 N 46°39'35" E 220.095' 4 "15'6"4' 1 0 "9'10"5' 1 0 1 / 4 "6'6"4' 9 3 / 4 " 2 3 ' 0 " 2' 2 "39'6"1 3 ' 6 "4'6"1 8 ' 6 "19'0"46'2"39'4"P a v e r sProposed wallStepsStoneSteps Prop.6" PVC 94 6 . 2 94 6 . 1 Proposed Residence PorchConc. walkD r i v e w a y945942944945944945OPT. RAIN GARDEN 943932 9409389369349 3 4 936 938 94 0 943 944 9459449465.5%+/- tw943.5 bw936.6 Drain to Daylight Rim of 6" Drain=936.6 PERGOLA 8X8" POSTSPergola9 4 5 9 4 3 9 4 4942941940 P e r g o l a 943942944945946946Drain to Daylight NOTE: The only easements shown are from plats of record or information provided by client. Drawn By Signed Gregory R. Prasch, Minn. Reg. No. 24992 Scale: 1" = 30' F.B.No. Project No.I certify that this survey, plan, or report was prepared by me or under my direct supervision and that I am a duly Licensed Land Surveyor under the laws of the State of Minnesota rev Address: Legal Description 7601 73rd Avenue North Minneapolis, Minnesota 55428 (763) 560-3093 DemarcInc.com 90442 Site Plan Survey For: 3548 Ivy Place Orono, MN Prepared this 23th day of August 2023. ALIGN BUILDING AND REMODELING Lot 174, TAYLOR'S SUBDIVISION OF SPRING PARK LOTS Hennepin County, Minnesota Property located in Section 20, Township 117, Range 23, Hennepin County, Minnesota F:\survey\taylors subdivision of spring park - hennepin\174 taylors sub of spring park\01 Surveying - 90442\01 CAD\01 Source\01 Survey Base.dwg Basis for bearings is assumed Surveyors Certificate Denotes Wood Hub Set for excavation only Denotes Existing Elevation Denotes Proposed Elevation Denotes Surface Drainage Denotes Iron Monument Denotes Found Iron Monument Denotes Proposed Contours Denotes Existing Contours Ordinary High Water Elevation = 929.4 100 Year Flood Elevation = 931.1 per FEMA map 27053Co311F effective date 11/04/2016 1131-70 Property Zoned: Setbacks: Front = 30 feet Side = 10 feet Rear = 75 feet from OHWL LR-1C - One Family Lakeshore Residential - 1/2 Acre 8-1-2023 site line GARAGE 787 PAVERS 226 STEPS TO LOWER LEVEL 51 PROPOSED HARDCOVER 4465/ 12581 = 35.49% NEW STEPS 21 PROPOSED BUILDING COVERAGE 2395/ 12581 = 19.0% EXIST. HARDCOVER 5591/ 12581 = 44.44% HOUSE 1660 GARAGE 532 DRIVE 2552 CONC. STOOP 146 DECK 125 PAVERS 205 WOOD WALKWAY 239 5591 STEPS 188 CONC. APRON 44 PATIO CREDIT -100 PROPOSED HARDCOVER EXISTING HARDCOVER RET. WALLS 151 FRONT WALK 0 FRONT WALK 155 EXISTING BUILDING COVERAGE 2318/12581 = 18.4% DRIVE 1433 4465 HOUSE 1562 FRONT STOOP 37 AC 6 Proposed Top of Foundation Proposed Garage Floor Proposed Basement Floor Type of Building Full Basement Walk 946.1 946.06 938.38 Proposed First Floor946.5 Pergolan Posts 1 100 Year Flood Elevation per city = 931.5 8-30-2023 city comments Note: Builder is requesting an additional 35 sq. ft. as the site is Developed Proposed Conditions 0$,1/(9(/0$,13/$7(833(5/(9(/%607/(9(/ $63+$/76+,1*/(6+$5',%2$5'6+,1*/(6&('$5$5%250(0%(56+$5',%2$5'/$36,',1*:22'%5$&.(70(',$1+72)+,*+(67*$%/( +,*+32,172)*5$'(720,'32,172)+,*+(67*$%/(6+((7,1'(;352-(&77($0$5&+,7(&76758&785$/(1*,1((5*(1(5$/&2175$&725,668(')25,668('$7(6758&785$/&225'352*5(666(75(9,6,213(50,76(7%,'6(7$''(1'80&216758&7,216(76+((7180%(5/(*$/127,&( 7+(6('2&80(1766+$//127%(5(352'8&('255(',675,%87(':,7+287(;35(66(':5,77(1&216(172)6+$55$77'(6,*1 &203$1<//&&&23<5,*+76+$55$77'(6,*1 &203$1<//&6(&21'675((768,7((;&(/6,25013+ )$; LQIR#VKDUUDWWGHVLJQFRP35(/,0,1$5<127)25&216758&7,210((7,1*6(76+$55$77'(6,*1 &203$1<//&6(&21'675((768,7((;&(/6,2501&217$&7 0,.(6+$55$77 ;;$6,7(3/$1$/2:(5/(9(/3/$1$0$,1)/2253/$1$833(5/(9(/3/$1$522)3/$1$(;7(5,25(/(9$7,216$(;7(5,25(/(9$7,21607*:0(/$1,(&857,60&:'68%0,66,210&:'68%0,66,210'65(9,(:;9$5,$1&(68%0,66,21*(1(5$725/2&$/5(9,6('0$67(568,7( 5(68%0,77('9$5,$1&($7%'7%'',%,$6,9<3/$&(1(:+20()25 2521201 %$&. )521735(/,0,1$5<127)25&216758&7,21 0$,1/(9(/0$,13/$7(833(5/(9(/%607/(9(/522)62/$78%(6&$%/(5$,/,1*0$,1/(9(/0$,13/$7(522)3/$1833(5/(9(/%6073/$7(522)>1R6ORSH@+,'(9(17:/$1'6&$3,1*6+((7,1'(;352-(&77($0$5&+,7(&76758&785$/(1*,1((5*(1(5$/&2175$&725,668(')25,668('$7(6758&785$/&225'352*5(666(75(9,6,213(50,76(7%,'6(7$''(1'80&216758&7,216(76+((7180%(5/(*$/127,&( 7+(6('2&80(1766+$//127%(5(352'8&('255(',675,%87(':,7+287(;35(66(':5,77(1&216(172)6+$55$77'(6,*1 &203$1<//&&&23<5,*+76+$55$77'(6,*1 &203$1<//&6(&21'675((768,7((;&(/6,25013+ )$; LQIR#VKDUUDWWGHVLJQFRP35(/,0,1$5<127)25&216758&7,210((7,1*6(76+$55$77'(6,*1 &203$1<//&6(&21'675((768,7((;&(/6,2501&217$&7 0,.(6+$55$77 ;;$6,7(3/$1$/2:(5/(9(/3/$1$0$,1)/2253/$1$833(5/(9(/3/$1$522)3/$1$(;7(5,25(/(9$7,216$(;7(5,25(/(9$7,21607*:0(/$1,(&857,60&:'68%0,66,210&:'68%0,66,210'65(9,(:;9$5,$1&(68%0,66,21*(1(5$725/2&$/5(9,6('0$67(568,7( 5(68%0,77('9$5,$1&($7%'7%'',%,$6,9<3/$&(1(:+20()25 2521201 /()7 5,*+735(/,0,1$5<127)25&216758&7,21 City of Orono Hardcover Calculation Worksheet Property Addr ess: 3548 Ivy Place Prepared by: Demarc Date: 08/30/23 Stormwater Quality Overlay District Tier: (Circle one) Tier 1 Tier 2 Tier 3 Tier 4 Tier 5 Step 2: PROPOSED HARDCOVER In the following table, identify all items of proposed hardcover on the property, keyed by letter to Certificate of Survey (survey must accompany this form). Include all existing hardcover items that are intended to remain, as well as all proposed hardcover items that will be added. Use as many lines as necessary to accurately depict proposed hardcover status of the property. For Tier 1 properties, identify any features by letter which are split at the 75’ setback line and calculate hardcover square footage separately for each portion. Key to Survey Hardcover Item (Describe) Length x Width Total (Square Feet) (Example) (Garage) (24’ x 30’) (787 S.F.) A Garage irregular 787 S.F. B House irregular 1562 S.F. C Driveway irregular 1,433 S.F. D Pavers irregular 261 S.F. E Steps to Lower Level irregular 51 S.F. F New Steps irregular 21 S.F. G Ret. walls irregular 151 S.F. H Front Walk irregular 155 S.F. I A/C irregular 6 S.F. J Pergolan Posts irregular 1 S.F. K S.F. L S.F. M S.F. N S.F. O S.F. P S.F. Q S.F. R S.F. S S.F. T S.F. U S.F. V S.F. W S.F. X S.F. Y S.F. Z S.F. (1)Total Proposed Hardcover 4465 S.F. Excludable Hardcover (See City Code Sec 78-1684): S.F. S.F. S.F. S.F. S.F. (2) Total Excludable Hardcover S.F. (3) Net Proposed Hardcover [Subtract line (2) from line (1)]4465 S.F. (4) Total Lot Area 12581 S.F. Proposed Hardcover Percentage [ (3) ÷ (4) ] 35.49% This is an information packet regarding Hardcover. Every effort has been made to insure the accuracy of the information contained herein; however, if any information is not consistent with provisions of the City Code, the Code provisions will prevail. Page 9 of 9 Fence Post Sanitary Manhole tbc 946.38 945.11 946.8 T tped 943.9 947.3 948.3 Sanitary Manhole rim=934.39 tbc 938.16 tbc 939.60 28" 940.5 942 .5 943.0 GF 944.0 9 4 4 . 0 Serv 942.0 937.78 938.6 945.1946.0 943.9 943.1942.228" 943.0 944.5 944.2 945.5945.7 30" 945.1 944.3944.9 946.5 946.3 945.8 946.3 946.6 946.7Power Pole 28" 947.4 947.5 945.8945.4 945.2 944.8 944.4 946.4 946.7 947.6 946.2 946.69 4 6 . 7 FFE 947.3 947.3949.0 945.8 944.3 942.6 944.9 944.5 943.4 943.0 939.8 943.0 942.2942. 0 943.6 941.1 938.9 933.0 940. 0940.0 WO 940.5 940.1 938.8 934.4 933.7 60" 934.0 932.5 932.6932.4 932.3 932.6 932.2 932.4 928.7 928.6 928.8 928.6 932.5 932.8 933.0 933.1 928.7 18" 935.218" 936.0 16" 936.5 936.5939.3 20" 937.0942.2 18" 944.0 944.7944.8942. 7 943.1943.0942.3 942.4 942.6 942.3 WO 944.6941.8 941.3 938.49309 3 2 9 3 4 9 3 6 9389 4 0 938 940 942 94494694694296.3 N 46°36'33" E 218.67 S 4 4 ° 5 5 ' 5 6 " E 5 0 . 2 6 N 46°39'35" E 220.09 S u r v e y L i n e 1 0 . 2 P o r c h 5 ' 4 "15'6"4 ' 1 0 "9'10"5 ' 1 0 1 / 4 "6'6"4 ' 9 3 / 4 " 2 3 ' 0 " 2 ' 2 "39'6"1 3 ' 6 "4'6"1 8 ' 6 "19'0"46'2"39'4"P a v e r sProposed wall Steps Stone Steps Prop. 61.2 8 . 0 88.5 8 . 06" PVC 1 3 . 5941 6 . 8 4 . 4 9 4 6 . 2 9 4 6 . 1 E d g e o f b i t . tw946.8 bw944.2 tw947.0 bw944.1 tw947.2 bw945.3 tw947.0 bw946.2 Wood Fence Residence tw941.8 bw940.5 tw943.6 bw942.2 tw934.3 bw932.9 S h o r e l i n e Lake Minnetonka Dock Existing Ret. wall Existing Ret. wall Ret. wall Existing Ret. wall Ret. wall tw942.4 bw940.4 tw944.7 bw942.7 tw944.8 bw942.7 Iv y P l a c e Residence 929.4929.4 OHW Contour Found JLM N 4 3 ° 1 9 ' 2 3 " W 5 0 . 0 5 Proposed Residence PorchConc. walk D r i v e w a y945942944945944945OPT. R AI N GA R D E N 9439329409389369349 3 4 936 93 8 9 4 0 943 944 9459449465.5%+/- tw943.5 bw936.6 Drain to Daylight Rim of 6" Drain=936.6 PERGOL A 8X8" P OSTS Pergola 9 4 5 9 4 3 9 4 4942941940 Pe r g o l a S I T E L I N E 943942944945946946Wood Fence to be Removed Wood Fenceto be removedExisting 931.5 Contour ( 100 year flood ) 75' setback line from OHWLDrain to Daylight NOTE: The only easements shown are from plats of record or information provided by client. Drawn By Signed Gregory R. Prasch, Minn. Reg. No. 24992 Scale: 1" = 30' F.B.No. Project No.I certify that this survey, plan, or report was prepared by me or under my direct supervision and that I am a duly Licensed Land Surveyor under the laws of the State of Minnesota rev Address: Legal Description 7601 73rd Avenue North Minneapolis, Minnesota 55428 (763) 560-3093 DemarcInc.com 90442 Site Plan Survey For: 3548 Ivy Place Orono, MN Prepared this 23th day of August 2023. ALIGN BUILDING AND REMODELING Lot 174, TAYLOR'S SUBDIVISION OF SPRING PARK LOTS Hennepin County, Minnesota Property located in Section 20, Township 117, Range 23, Hennepin County, Minnesota F:\survey\taylors subdivision of spring park - hennepin\174 taylors sub of spring park\01 Surveying - 90442\01 CAD\01 Source\01 Survey Base.dwg Basis for bearings is assumed Surveyors Certificate 000.0 x000.0 Denotes Wood Hub Set for excavation only Denotes Existing Elevation Denotes Proposed Elevation Denotes Surface Drainage Denotes Iron Monument Denotes Found Iron Monument Denotes Proposed Contours Denotes Existing Contours Ordinary High Water Elevation = 929.4 100 Year Flood Elevation = 931.1 per FEMA map 27053Co311F effective date 11/04/2016 1131-70 Property Zoned: Setbacks: Front = 30 feet Side = 10 feet Rear = 75 feet from OHWL LR-1C - One Family Lakeshore Residential - 1/2 Acre 8-1-2023 site line GARAGE 787 PAVERS 226 STEPS TO LOWER LEVEL 51 PROPOSED HARDCOVER 4465/ 12581 = 35.49% NEW STEPS 21 PROPOSED BUILDING COVERAGE 2395/ 12581 = 19.0% EXIST. HARDCOVER 5591/ 12581 = 44.44% HOUSE 1660 GARAGE 532 DRIVE 2552 CONC. STOOP 146 DECK 125 PAVERS 205 WOOD WALKWAY 239 5591 STEPS 188 CONC. APRON 44 PATIO CREDIT -100 PROPOSED HARDCOVER EXISTING HARDCOVER RET. WALLS 151 FRONT WALK 0 FRONT WALK 155 EXISTING BUILDING COVERAGE 2318/12581 = 18.4% DRIVE 1433 4465 HOUSE 1562 FRONT STOOP 37 AC 6 Proposed Top of Foundation Proposed Garage Floor Proposed Basement Floor Type of Building Full Basement Walk 946.1 946.06 938.38 Proposed First Floor946.5 Pergolan Posts 1 100 Year Flood Elevation per city = 931.5 8-30-2023 city comments Note: Builder is requesting an additional 35 sq. ft. as the site is Developed SITE LINEP o r c hSurvey LineN 43°19'23" W 50.05S h o r e l i n e 9 2 9 . 4 OH W C o n t o u r P a v e r s W o od F ence B i t u m i n o u s B i t u m i n o u s D r i v e w a y Ret. wall Edge of bit.9 4 5 . 1 1 9 3 7 . 7 8 D e c k Wood Walkway D o c k S t e p s R e t . w a l l R e t . w a l l R e t.w all R e t.w all R e t.w all R e t.w all R e t.w all R e t.w all 929.4W o o d f e n c e L a k e Min n e t o n k aIvy PlaceN 46°36'33" E 218.67S 44°55'56" E 50.26N 46°39'35" E 220.09 C o n c r e t e t b c 9 4 6 . 3 8 t b c 9 3 8 . 1 6 t b c 9 3 9 . 6 0 G G a s Me t e r A / C S e r v 9 4 2 . 0 E Ele c .Me t e r S a nit a r y Ma n h o le ri m =9 4 8 . 6 7 S S a nit a r y Ma n h o le ri m =9 3 4 . 3 9 24.022.1 24.022.1 8.05.528.73.911.6 20.21 2 .2 3.9 3.4 G a r a g e R e si d e n c e R e si d e n c e13.896.3 72.9 10.413.29.610.232.0 T t p e d P o w e r P o le93 8.4F e n c e P o s t 2 8 " 9 4 0 . 5 2 8 " 9 4 3 . 0 9 4 5 . 1 2 8 " 9 4 7 . 4 6 0 " 9 3 4 . 0 1 8 " 9 3 5 . 2 1 8 " 9 3 6 . 0 1 6 " 9 3 6 . 5 2 0 " 9 3 7 . 0 1 8 " 9 4 4 . 0 930932934936938940938 940 942 9 4 4 946942F o u n d J L MGARAGE 787 PAVERS 261 STEPS TO LOWER LEVEL 51 PROPOSED HARDCOVER 4465/ 12581 = 35.49% M.F. 946.5 L.L. 936.65 NEW STEPS 21942941944945943 PROPOSED BUILDING COVERAGE 2386/ 12581 = 19.0% EXIST. HARDCOVER 5849/ 12581 = 46.49% AVERAGE SETBACK LINE BETWEEN ADJACENT HOMESNORTHHATCHED AREAS INDICATE EXISTING FOOTPRINT TO BE REMOVED HOUSE 1660 GARAGE 532 DRIVE 2552 CONC. STOOP 146 DECK 125 PAVERS 205 WOOD WALKWAY 239 5849 STEPS 188 CONC. APRON 44 RET. WALLS 158 PROPOSED HARDCOVER EXISTING HARDCOVER RET. WALLS 151 FRONT WALK 0 FRONT WALK 155 EXISTING BUILDING COVERAGE 2318/12581 = 18.4% NEW STONE STEPS 945 946 945 946 946.4 944941940942 REMOVE EXIST. WALKWAY 942 EXIST. RET. WALL EXIST. RET. WALL DRIVE 1433 75' - 0" SETBACK REMOVE EXIST. RETAINNIG WALL P R O P O S E D N E W H O M E HOUSE 1562 FRONT STOOP 37 INDICATES SILT FENCE INFORMATION FOR SITE PLAN TAKEN FROM SURVEY PREPARED BY DEMARC LAND SURVEYING & ENG. 7601 73RD AVENUE NORTH MINNEAPOLIS, MINNESOTA, 55428 763-560-3093 EXISTING HARDCOVER:46.49% (5849 SQ. FT.) BUILDING COVERAGE:18.4 LAKE SETBACK 72.9' SIDE SETBACK NW 3.4' SIDE SETBACK SE 9.6' FRONT SETBACK 32'-0" BUILDING HEIGHT 24'-0" (WALK OUT TO PEAK) PROPOSED HARDCOVER:35.49% IMPROVED BY 11% (4465 SQ. FT.) BUILDING COVERAGE:19.0% LESS THAN THE 20 % ALLOWED LAKE SETBACK 88'-0" ADDED 15'-3" SIDE SETBACK NW 8'-0" ADDED 4'-8"TO EXIST. AND EXCEEDS REQ'D. BY 6" SIDE SETBACK SE 8'-0" EXCEEDS REQ'D. 6" FRONT SETBACK 60'-10" EXCEEDS REQ'D. BY 30'10" BUILDING HEIGHT 23-4 1/2" (HIGH GRADE TO AVE. GABLE WELL BELOW 30'-0")941942944 946946 945 944 94 39 4 3 9 4 2 945.5945 944 945944944 945 946946.40 946 9 4 8 OPT. RAIN GARDEN 943GARAGE: 946.25 - 946.43 R = 30' - 0"R = 30' - 0"R = 6' - 0" LANDSCAPE PATIO:940939938937936934935LANDSCAPE RETAINING WALL LANDSCAPE STEPS TO LOWER LEVEL 940939938937936935934932933932933930930SCREEN PORCH 946.5 1 4' - 0" 946.4-946.2 INDICATES PROPOSED CONTOURS INDICATES EXIST. CONTOURS AC 6 AC 943 946.25EXIST. RET. WALLS REMOVE EXIST. DECK, STEPS & RET. WALLS TOP OF WALL 943.5 LANDING @ 936.6 REMOVE EXIST. RET. WALL REMOVE EXIST. PAVERSSETBACK6' - 10"PERGOLA 8X8" POSTS PERGOLA POSTS 1 PERGOLA SHOWN DASHED WILL NOT EXTEND BEYOND EXISTING FOOTPRINT PERGOLA SHOWN DASHED WOOD FENCE TO BE REMOVED SETBACK4'-4".946 9468' - 0 1/16"4465 SHEET INDEX PROJECT TEAM ARCHITECT STRUCTURAL ENGINEER GENERAL CONTRACTOR ISSUED FOR ISSUE DATE STRUCTURAL COORD.PROGRESS SETREVISIONPERMIT SETBID SETADDENDUMCONSTRUCTION SETSHEET NUMBER LEGAL NOTICE: THESE DOCUMENTS SHALL NOT BE REPRODUCED OR REDISTRIBU TED WITHOUT EXPRESSED WRITTEN CONSENT OF SHARRATT DESIGN & COMPANY, LLC. C COPYRIGHT 2023 SHARRATT DESIGN & COMPANY, LLC. 464 SECOND STREET SUITE 100 EXCELSIOR, MN 55331 PH: 952-470-9750 FAX: 952-767-5859 info@sharrattdesign.com P R E L I M I N A R Y - N O T F O R C O N S T R U C T I O NMEETING SETSHARRATT DESIGN & COMPANY, LLC 464 SECOND STREET, SUITE 100 EXCELSIOR, MN 55331 CONTACT: MIKE SHARRATT (952-470-9750) 08 / 09 / 23 X 08 / 11 / 23 X A1 SITE PLAN A2 LOWER LEVEL PLAN A3 MAIN FLOOR PLAN A4 UPPER LEVEL PLAN A5 ROOF PLAN A6 EXTERIOR ELEVATIONS A7 EXTERIOR ELEVATIONS 08 / 15 / 23 MTG W/ MELANIE CURTIS 08 / 15 / 23 MCWD SUBMISSION 08 / 16 / 23 MCWD SUBMISSION 08 / 18 / 23 MDS REVIEW 08 / 21 / 23 X 08 / 23 / 23 VARIANCE SUBMISSION 08 / 28 / 23 GENERATOR LOCAL 08 / 31 / 23 REVISED MASTER SUITE 09 / 01 / 23 RESUBMITTED VARIANCE A1 T.B.D. T.B.D. DIBIAS 3548 IVY PLACE NEW HOME FOR: ORONO, MN 1/8" = 1'-0"A1 1 Site P R E L I M I N A R Y - N O T F O R C O N S T R U C T I O N A62 A7 A7 1 2 A8 2 3 A8 1 A8 4 A8 UNEXCAVATED UP 1 A9 ELEV. EQUIP. ELEV. 3 A9 UP NEW LANDSCAPE BOULDER WALL & STONE STAIRS BEAM LINE RAISED SILL 4 A9 UNEX. 5 F.D. DRAIN TO DAYLIGHT 2 A9 STORAGE CRAWLSPACE 10' - 6"23' - 0"35' - 2 1/2"11' - 1 1/2"39' - 2" 39' - 6"15' - 8"16' - 2"18' - 8"13' - 4"18' - 4"2' - 2"7 82"SHEET INDEX PROJECT TEAM ARCHITECT STRUCTURAL ENGINEER GENERAL CONTRACTOR ISSUED FOR ISSUE DATE STRUCTURAL COORD.PROGRESS SETREVISIONPERMIT SETBID SETADDENDUMCONSTRUCTION SETSHEET NUMBER LEGAL NOTICE: THESE DOCUMENTS SHALL NOT BE REPRODUCED OR REDISTRIBU TED WITHOUT EXPRESSED WRITTEN CONSENT OF SHARRATT DESIGN & COMPANY, LLC. C COPYRIGHT 2023 SHARRATT DESIGN & COMPANY, LLC. 464 SECOND STREET SUITE 100 EXCELSIOR, MN 55331 PH: 952-470-9750 FAX: 952-767-5859 info@sharrattdesign.com P R E L I M I N A R Y - N O T F O R C O N S T R U C T I O NMEETING SETSHARRATT DESIGN & COMPANY, LLC 464 SECOND STREET, SUITE 100 EXCELSIOR, MN 55331 CONTACT: MIKE SHARRATT (952-470-9750) 08 / 09 / 23 X 08 / 11 / 23 X A1 SITE PLAN A2 LOWER LEVEL PLAN A3 MAIN FLOOR PLAN A4 UPPER LEVEL PLAN A5 ROOF PLAN A6 EXTERIOR ELEVATIONS A7 EXTERIOR ELEVATIONS 08 / 15 / 23 MTG W/ MELANIE CURTIS 08 / 15 / 23 MCWD SUBMISSION 08 / 16 / 23 MCWD SUBMISSION 08 / 18 / 23 MDS REVIEW 08 / 21 / 23 X 08 / 23 / 23 VARIANCE SUBMISSION 08 / 28 / 23 GENERATOR LOCAL 08 / 31 / 23 REVISED MASTER SUITE 09 / 01 / 23 RESUBMITTED VARIANCE A2 T.B.D. T.B.D. DIBIAS 3548 IVY PLACE NEW HOME FOR: ORONO, MN 1/4" = 1'-0" LOWER LEVEL FLOOR PLAN 5'0'10'20'P R E L I M I N A R Y - N O T F O R C O N S T R U C T I O N UP A62 A7 A7 1 C.O.S.PANTRY 5'-9" X 12'-9"30"REF.24"FREEZ.SMALL APPLIANCES BUFFET L. O.O.S. 5'-5" X 4'-0" L. SH. MUDRM. 5'-1" X 10'-6"KITCHEN 18'-3" X 13'-0" LIVING 18'-0" X 17'-2" DINING 15'-9" X 12'-6" FOYER GARAGE 34'-0" X 22'-0" ELEV 3' - 10"5' - 0"PHOTOS DROP DESK 46' - 6"25' - 2"14' - 0"4' - 6"18' - 8"13' - 4"2' - 2"23' - 0"POWDER 6'-9" X 5'-2" L. 1562 FIN. SQUARE FT. 2396 FOOTPRINT L. 2 A8 2 3 A8 1 A8 4 A8 75'-0" SETBACK39' - 4" 1 A9 4' - 0"9' - 2" SCREEN PORCH 13'-0" X 12'-3" PAVER PATIO APPROX. 6" ABOVE SURROUNDING GRADE BENCHAJACENT HOMES SETBACKGAS F.P. TV ABOVE 3' - 5" 4' - 2" 3 A9 36" RANGE W/ HOOD 3'-0" WIDE CONC. WALK SH. REF. DWRS DOWN30" PANTRY/ MICRO 10' - 5"10' - 5"10' - 5" 34' - 0" HIGH WNDW 4 A9 BARN DOOR39' - 4"6' - 6"9' - 6"15' - 10"19' - 0" 90' - 2" 5 -3" AT OVERHEAD DOOR FROM TOP OF MAIN FL SUBFL. TYP. HIGHPOINT OF SLAB @ -1" FROM TOP OF MAIN FL. SUBFL.3/16" / FT.3/16" / FT. 3/16" / FT.1/4" / FT.1/4" / FT.1/4" / FT.1/4" / FT.3/16" / FT. -4 5/8" -4 5/8"MIDPOINT OF GARAGE @ -3" FROM TOP OF MAIN FL. SUBFL. WARP FLOOR TO TOP OF MAIN FL. SUBFL. AT DOOR 2 A9 CAB.STONE PAVER FRONT STOOP AC 2' - 0"2' - 0" 4' - 0" 4' - 0"1' - 0"4' - 5" 2636 2636 2636 2636 17' - 0"2636 2636 2636 2636 30163016CUSTOM 7'-6" C 6'-5" PICTURE3016-330603016 3060301630603016 6"6"6"3060 3060 30603060 306030163'-0" X 7'-0" FULL GL.265612'-0" X 8'-0" SLIDER10'-0" X 8'-0" SLIDER2616-2 7 7" X 7" BOXED WOOD BEAMS 2616-2 RAISED CLG. SHOWN DASHED 1/4" = 1'-0" MAIN LEVEL FLOOR PLAN SHEET INDEX PROJECT TEAM ARCHITECT STRUCTURAL ENGINEER GENERAL CONTRACTOR ISSUED FOR ISSUE DATE STRUCTURAL COORD.PROGRESS SETREVISIONPERMIT SETBID SETADDENDUMCONSTRUCTION SETSHEET NUMBER LEGAL NOTICE: THESE DOCUMENTS SHALL NOT BE REPRODUCED OR REDISTRIBU TED WITHOUT EXPRESSED WRITTEN CONSENT OF SHARRATT DESIGN & COMPANY, LLC. C COPYRIGHT 2023 SHARRATT DESIGN & COMPANY, LLC. 464 SECOND STREET SUITE 100 EXCELSIOR, MN 55331 PH: 952-470-9750 FAX: 952-767-5859 info@sharrattdesign.com P R E L I M I N A R Y - N O T F O R C O N S T R U C T I O NMEETING SETSHARRATT DESIGN & COMPANY, LLC 464 SECOND STREET, SUITE 100 EXCELSIOR, MN 55331 CONTACT: MIKE SHARRATT (952-470-9750) 08 / 09 / 23 X 08 / 11 / 23 X A1 SITE PLAN A2 LOWER LEVEL PLAN A3 MAIN FLOOR PLAN A4 UPPER LEVEL PLAN A5 ROOF PLAN A6 EXTERIOR ELEVATIONS A7 EXTERIOR ELEVATIONS 08 / 15 / 23 MTG W/ MELANIE CURTIS 08 / 15 / 23 MCWD SUBMISSION 08 / 16 / 23 MCWD SUBMISSION 08 / 18 / 23 MDS REVIEW 08 / 21 / 23 X 08 / 23 / 23 VARIANCE SUBMISSION 08 / 28 / 23 GENERATOR LOCAL 08 / 31 / 23 REVISED MASTER SUITE 09 / 01 / 23 RESUBMITTED VARIANCE A3 T.B.D. T.B.D. DIBIAS 3548 IVY PLACE NEW HOME FOR: ORONO, MN 5'0'10'20'P R E L I M I N A R Y - N O T F O R C O N S T R U C T I O N A62 A7 A7 1 1562 SQ. FT. MAIN FL 1692 SQ. FT. UPPER LEVEL 3300 SQ. FT. TOTAL EXERCISE 12'-0" X 13'-10" BEDROOM 11'-1" X 11''-5" ELEV. BATH BEDROOM 12'-7" X 12'-10" 2 A8 2 3 A8 1 A8 4 A8 LAUNDRY 6'-2" X 7'-8" CLO. 6'-2" X 4'-10" M. BATH OFFICE 13'-6"X12'-10" 1 A9 W. D. 19' - 6" 3 A9 14' - 7 1/4" 46 SQ. FT. LOWER LEVEL CLO. TUB/ SHWR DOWN9'-0" CLG. HT. 7'-7" SPRINGLINE 7'-7" SPRINGLINE 8'-1" SPRINGLINE 8'-1" SPRINGLINE 8'-1" SPRINGLINE 10'-4" CLG. HT. 10'-1" CLG. HT.8'-1" SPRINGLINE8'-1" SPRINGLINE4 A9 SOLA TUBE 10' - 6"12' - 10"SOLA TUBE SOLA TUBE 5 9'-1" CLG. HT. 2 A9 8'-1" SPRINGLINE 8'-1" SPRINGLINE 10'-0" PEAK HT. 8'-1" SPRINGLINE 9'-9" PEAK HT.2' - 0"2' - 0"306030602620-35"766030464"4"2626 2620 2650 4"4" 4"4" 4"4" 4"4" 4"4" 2630 4"4"2656 265626563030 30603050 3050 7 M CLO. 6'-6" X 13'-10" M. BEDROOM 12'-4" X 17'-6" GRIDDED GLASS SHOWER 2' - 2"13' - 4"18' - 8"5' - 4"4' - 8"LIN. 2626 PRODUCT SH. 5' - 7 1/2"SEAT3060 2626 2626 8 15' - 0 1/2"11' - 3 1/2"9' - 6"15' - 10"19' - 0" 2630 2630 2630 2630 2630263026302630 2650 2650 2650 2650 2650 2626 2626 304630468'-1" SPRINGLINE 7'-5" SPRINGLINE 8'-1" CLG. HT. 15' - 0 3/4"11' - 11 1/4"39' - 2" SHEET INDEX PROJECT TEAM ARCHITECT STRUCTURAL ENGINEER GENERAL CONTRACTOR ISSUED FOR ISSUE DATE STRUCTURAL COORD.PROGRESS SETREVISIONPERMIT SETBID SETADDENDUMCONSTRUCTION SETSHEET NUMBER LEGAL NOTICE: THESE DOCUMENTS SHALL NOT BE REPRODUCED OR REDISTRIBU TED WITHOUT EXPRESSED WRITTEN CONSENT OF SHARRATT DESIGN & COMPANY, LLC. C COPYRIGHT 2023 SHARRATT DESIGN & COMPANY, LLC. 464 SECOND STREET SUITE 100 EXCELSIOR, MN 55331 PH: 952-470-9750 FAX: 952-767-5859 info@sharrattdesign.com P R E L I M I N A R Y - N O T F O R C O N S T R U C T I O NMEETING SETSHARRATT DESIGN & COMPANY, LLC 464 SECOND STREET, SUITE 100 EXCELSIOR, MN 55331 CONTACT: MIKE SHARRATT (952-470-9750) 08 / 09 / 23 X 08 / 11 / 23 X A1 SITE PLAN A2 LOWER LEVEL PLAN A3 MAIN FLOOR PLAN A4 UPPER LEVEL PLAN A5 ROOF PLAN A6 EXTERIOR ELEVATIONS A7 EXTERIOR ELEVATIONS 08 / 15 / 23 MTG W/ MELANIE CURTIS 08 / 15 / 23 MCWD SUBMISSION 08 / 16 / 23 MCWD SUBMISSION 08 / 18 / 23 MDS REVIEW 08 / 21 / 23 X 08 / 23 / 23 VARIANCE SUBMISSION 08 / 28 / 23 GENERATOR LOCAL 08 / 31 / 23 REVISED MASTER SUITE 09 / 01 / 23 RESUBMITTED VARIANCE A4 T.B.D. T.B.D. DIBIAS 3548 IVY PLACE NEW HOME FOR: ORONO, MN 1/4" = 1'-0" UPPER LEVEL FLOOR PLAN 5'0'10'20'P R E L I M I N A R Y - N O T F O R C O N S T R U C T I O N UP A62 A7 A7 1 2 A8 2 3 A8 1 A8 4 A8 1 A9 3 A9 4 A9 SOLATUBE SOLATUBE SOLATUBE SOLATUBE3 1/2" / 12"3 1/2" / 12"3 1/2" / 12"3 1/2" / 12"2 1/2" / 12"5" / 12"2 A9 7 8 3 1/2" / 12"3 1/2" / 12"5" / 12"5 3/4" / 12"5 3/4" / 12"2' - 6"2' - 6"2' - 6"3' - 0"3' - 0"2' - 6"2' - 6"2' - 6"2' - 6"2' - 6"2' - 6"2' - 6"2' - 6" 2' - 6"2' - 10"2' - 6"2' - 10"SHEET INDEX PROJECT TEAM ARCHITECT STRUCTURAL ENGINEER GENERAL CONTRACTOR ISSUED FOR ISSUE DATE STRUCTURAL COORD.PROGRESS SETREVISIONPERMIT SETBID SETADDENDUMCONSTRUCTION SETSHEET NUMBER LEGAL NOTICE: THESE DOCUMENTS SHALL NOT BE REPRODUCED OR REDISTRIBU TED WITHOUT EXPRESSED WRITTEN CONSENT OF SHARRATT DESIGN & COMPANY, LLC. C COPYRIGHT 2023 SHARRATT DESIGN & COMPANY, LLC. 464 SECOND STREET SUITE 100 EXCELSIOR, MN 55331 PH: 952-470-9750 FAX: 952-767-5859 info@sharrattdesign.com P R E L I M I N A R Y - N O T F O R C O N S T R U C T I O NMEETING SETSHARRATT DESIGN & COMPANY, LLC 464 SECOND STREET, SUITE 100 EXCELSIOR, MN 55331 CONTACT: MIKE SHARRATT (952-470-9750) 08 / 09 / 23 X 08 / 11 / 23 X A1 SITE PLAN A2 LOWER LEVEL PLAN A3 MAIN FLOOR PLAN A4 UPPER LEVEL PLAN A5 ROOF PLAN A6 EXTERIOR ELEVATIONS A7 EXTERIOR ELEVATIONS 08 / 15 / 23 MTG W/ MELANIE CURTIS 08 / 15 / 23 MCWD SUBMISSION 08 / 16 / 23 MCWD SUBMISSION 08 / 18 / 23 MDS REVIEW 08 / 21 / 23 X 08 / 23 / 23 VARIANCE SUBMISSION 08 / 28 / 23 GENERATOR LOCAL 08 / 31 / 23 REVISED MASTER SUITE 09 / 01 / 23 RESUBMITTED VARIANCE A5 T.B.D. T.B.D. DIBIAS 3548 IVY PLACE NEW HOME FOR: ORONO, MN 1/4" = 1'-0" ROOFP R E L I M I N A R Y - N O T F O R C O N S T R U C T I O N MAIN LEVEL MAIN PLATE UPPER LEVEL BSMT LEVEL 9' - 6"ASPHALT SHINGLES HARDI BOARD SHINGLES CEDAR ARBOR MEMBERS HARDI BOARD LAP SIDING WOOD BRACKET 3 1/2" 12"3 1/2" 12" MEDIAN HT. OF HIGHEST GABLE 23' - 5 1/2" HIGH POINT OF GRADE TO MIDPOINT OF HIGHEST GABLESHEET INDEX PROJECT TEAM ARCHITECT STRUCTURAL ENGINEER GENERAL CONTRACTOR ISSUED FOR ISSUE DATE STRUCTURAL COORD.PROGRESS SETREVISIONPERMIT SETBID SETADDENDUMCONSTRUCTION SETSHEET NUMBER LEGAL NOTICE: THESE DOCUMENTS SHALL NOT BE REPRODUCED OR REDISTRIBU TED WITHOUT EXPRESSED WRITTEN CONSENT OF SHARRATT DESIGN & COMPANY, LLC. C COPYRIGHT 2023 SHARRATT DESIGN & COMPANY, LLC. 464 SECOND STREET SUITE 100 EXCELSIOR, MN 55331 PH: 952-470-9750 FAX: 952-767-5859 info@sharrattdesign.com P R E L I M I N A R Y - N O T F O R C O N S T R U C T I O NMEETING SETSHARRATT DESIGN & COMPANY, LLC 464 SECOND STREET, SUITE 100 EXCELSIOR, MN 55331 CONTACT: MIKE SHARRATT (952-470-9750) 08 / 09 / 23 X 08 / 11 / 23 X A1 SITE PLAN A2 LOWER LEVEL PLAN A3 MAIN FLOOR PLAN A4 UPPER LEVEL PLAN A5 ROOF PLAN A6 EXTERIOR ELEVATIONS A7 EXTERIOR ELEVATIONS 08 / 15 / 23 MTG W/ MELANIE CURTIS 08 / 15 / 23 MCWD SUBMISSION 08 / 16 / 23 MCWD SUBMISSION 08 / 18 / 23 MDS REVIEW 08 / 21 / 23 X 08 / 23 / 23 VARIANCE SUBMISSION 08 / 28 / 23 GENERATOR LOCAL 08 / 31 / 23 REVISED MASTER SUITE 09 / 01 / 23 RESUBMITTED VARIANCE A6 T.B.D. T.B.D. DIBIAS 3548 IVY PLACE NEW HOME FOR: ORONO, MN 1/4" = 1'-0" BACK 1/4" = 1'-0" FRONT P R E L I M I N A R Y - N O T F O R C O N S T R U C T I O N MAIN LEVEL MAIN PLATE UPPER LEVEL BSMT LEVEL ROOF SOLATUBES CABLE RAILING MAIN LEVEL MAIN PLATE ROOF PLAN UPPER LEVEL BSMT PLATE ROOF [No Slope] HIDE VENT W/ LANDSCAPING SHEET INDEX PROJECT TEAM ARCHITECT STRUCTURAL ENGINEER GENERAL CONTRACTOR ISSUED FOR ISSUE DATE STRUCTURAL COORD.PROGRESS SETREVISIONPERMIT SETBID SETADDENDUMCONSTRUCTION SETSHEET NUMBER LEGAL NOTICE: THESE DOCUMENTS SHALL NOT BE REPRODUCED OR REDISTRIBU TED WITHOUT EXPRESSED WRITTEN CONSENT OF SHARRATT DESIGN & COMPANY, LLC. C COPYRIGHT 2023 SHARRATT DESIGN & COMPANY, LLC. 464 SECOND STREET SUITE 100 EXCELSIOR, MN 55331 PH: 952-470-9750 FAX: 952-767-5859 info@sharrattdesign.com P R E L I M I N A R Y - N O T F O R C O N S T R U C T I O NMEETING SETSHARRATT DESIGN & COMPANY, LLC 464 SECOND STREET, SUITE 100 EXCELSIOR, MN 55331 CONTACT: MIKE SHARRATT (952-470-9750) 08 / 09 / 23 X 08 / 11 / 23 X A1 SITE PLAN A2 LOWER LEVEL PLAN A3 MAIN FLOOR PLAN A4 UPPER LEVEL PLAN A5 ROOF PLAN A6 EXTERIOR ELEVATIONS A7 EXTERIOR ELEVATIONS 08 / 15 / 23 MTG W/ MELANIE CURTIS 08 / 15 / 23 MCWD SUBMISSION 08 / 16 / 23 MCWD SUBMISSION 08 / 18 / 23 MDS REVIEW 08 / 21 / 23 X 08 / 23 / 23 VARIANCE SUBMISSION 08 / 28 / 23 GENERATOR LOCAL 08 / 31 / 23 REVISED MASTER SUITE 09 / 01 / 23 RESUBMITTED VARIANCE A7 T.B.D. T.B.D. DIBIAS 3548 IVY PLACE NEW HOME FOR: ORONO, MN 1/4" = 1'-0" LEFT 1/4" = 1'-0" RIGHTP R E L I M I N A R Y - N O T F O R C O N S T R U C T I O N City of Orono Hardcover Calculation Worksheet Property Addr ess: 3548 Ivy Place Prepared by: Demarc Date: 08/30/23 Stormwater Quality Overlay District Tier: (Circle one) Tier 1 Tier 2 Tier 3 Tier 4 Tier 5 Step 2: PROPOSED HARDCOVER In the following table, identify all items of proposed hardcover on the property, keyed by letter to Certificate of Survey (survey must accompany this form). Include all existing hardcover items that are intended to remain, as well as all proposed hardcover items that will be added. Use as many lines as necessary to accurately depict proposed hardcover status of the property. For Tier 1 properties, identify any features by letter which are split at the 75’ setback line and calculate hardcover square footage separately for each portion. Key to Survey Hardcover Item (Describe) Length x Width Total (Square Feet) (Example) (Garage) (24’ x 30’) (787 S.F.) A Garage irregular 787 S.F. B House irregular 1562 S.F. C Driveway irregular 1,433 S.F. D Pavers irregular 261 S.F. E Steps to Lower Level irregular 51 S.F. F New Steps irregular 21 S.F. G Ret. walls irregular 151 S.F. H Front Walk irregular 155 S.F. I A/C irregular 6 S.F. J Pergolan Posts irregular 1 S.F. K S.F. L S.F. M S.F. N S.F. O S.F. P S.F. Q S.F. R S.F. S S.F. T S.F. U S.F. V S.F. W S.F. X S.F. Y S.F. Z S.F. (1) Total Proposed Hardcover 4465 S.F. Excludable Hardcover (See City Code Sec 78-1684): S.F. S.F. S.F. S.F. S.F. (2) Total Excludable Hardcover S.F. (3) Net Proposed Hardcover [Subtract line (2) from line (1)] 4465 S.F. (4) Total Lot Area 12581 S.F. Proposed Hardcover Percentage [ (3) ÷ (4) ] 35.49% This is an information packet regarding Hardcover. Every effort has been made to insure the accuracy of the information contained herein; however, if any information is not consistent with provisions of the City Code, the Code provisions will prevail. Page 9 of 9 Date Application Received: 08/23/2023 Date Application Considered as Complete: 09/01/2023 60-Day Review Period Expires: 10/31/2023 To: Chair Bollis and Planning Commission Members Adam Edwards, City Administrator From: Melanie Curtis, Planner mcc Date: 18 September 2023 Subject: #LA23-000048, Sharratt Design, 3548 Ivy Place, Variances Public Hearing Background The applicant is requesting variances in order to construct a new home on a narrow lakeshore lot. The new home is proposed to meet all of the required setbacks. The lakeside patio and portions of the pergola are recapturing the footprint from the existing home within the average lakeshore setback and are not considered to be new encroachments. Variances for lot width, lot area, and 35.5% hardcover where 44.4% exists and 25% is permitted are requested. Practical Difficulties Analysis Applicant Submittal Information: The applicant has identified the substandard area and width as practical difficulties supporting the requested variances. Additionally, they have provided a narrative and 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, the substandard size (area and width) of the property and its location along the narrow Ivy Place roadway result in challenges to redevelopment. The property currently has 44.4% hardcover. The proposed redevelopment of the property reduces the overall hardcover to 35.5% which results in the property becoming closer to conformance with the 25% limitation. Structural coverage is proposed at 18.6% where a maximum of 20% is permitted. Ivy Place is narrow and does not accommodate any on-street parking. Further, due to the constricted width of the roadway, maneuverability in the neighborhood is also challenging. LOT ANALYSIS WORKSHEET Section 78-350 & 78-1279 – Setbacks: LR-1C Required Existing Proposed Street/Rear 30’ ±118’ house 32’ detached garage 61.2’ North Side *7.5’ 3.7’ 8’ South Side *7.5’ 9.6’ 8’ Lakeshore 75’ 73’ 88.5’ Average Lakeshore The proposed home will comply with the ALS requirement. *Staff has applied the side setback flexibility to this lot allowing for a 7.5-foot side setback (10% of the lot’s width but not less than 7.5 feet) Application Summary: The applicant is requesting lot area, lot width, and hardcover variances in conjunction with redevelopment of the property with a new single-family home. Staff Recommendation: Planning Department Staff recommends approval. FILE # LA23-000048 18 Sept 2023 Page 2 of 4 Section 78-350 – Lot Area/Width: LR-1C Lot Area Lot Width Required 21,780 s.f. (0.5 acres) 100’ Actual 12,581 s.f. (0.28 acre) 52’ @ OHWL 52’ @ 75’ Section 78-1403 – Structural Building Coverage: Total Lot Area Total Structural Coverage 12,581 s.f. (0.28 acre) Allowed: 2,516 s.f. (20%) Existing: 2,192 s.f. (17.4%) Proposed: 2,349 s.f. (18.6%) Section 78-1680 and 78-1700 – Hardcover Calculations: Stormwater Overlay District Tier Total Area in Zone Allowed Hardcover Existing Hardcover Proposed Hardcover Tier 1 12,581 s.f. 3,145 s.f. (25 %) 5,591 s.f. (44.4%) 4,465 s.f. (35.5%) Applicable Regulations: Lot Width Variance (Section 78-350) 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 25 percent of the entire lot area. 4. All other zoning district standards can be met. The request for a hardcover variance results in the property’s inability to conform to all of the standards above. Therefore, lot area and lot width variances are also required in order to redevelop the property. The ability to develop the property consistent with other existing developed properties in the neighborhood would be limited if the area variance is not granted. Hardcover Variance (Section 78-1700) With the redevelopment of the property, the applicant is proposing 35.5% hardcover where 44.4% currently exists. This is a reduction of the overall hardcover by 1,126 square feet, an 8.9% reduction from the existing level. 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 FILE # LA23-000048 18 Sept 2023 Page 3 of 4 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 variances are in harmony with the purpose of the Ordinance. The substandard lot has difficulties in its small size and width make development difficult. The challenges with Ivy Place’s narrow width requires guest parking to be accommodated on site resulting in the need for additional hardcover. 2. The variance is consistent with the comprehensive plan. The variances proposed to rebuild a new home on this nonconforming lot 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 permitted by the official controls; The request for variances supporting construction of a new residence on the substandard lot is reasonable. b. There are circumstances unique to the property not created by the landowner; The substandard lot size is an existing condition, there is no available land with which to make the property more conforming. The restricted roadway and substandard lot size are challenges not created by the owners. There should be consideration for variances for the property which is substandard in area and hardcover requirements. The project has been designed with an effort toward limiting the additional hardcover without sacrificing functionality; and c. The variance will not alter the essential character of the locality. The variances are requested in order to permit construction of a new home in a conforming footprint, which is reasonable. 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 single-family residence is an allowed 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 property’s substandard size and parking difficulties also apply to many of the properties in the immediate neighborhood. The proposed hardcover level is an improvement from the existing condition and is not out of character. FILE # LA23-000048 18 Sept 2023 Page 4 of 4 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The property’s substandard area and width, combined with the challenges resulting from the narrow roadway create difficulties which apply to few properties in the City. The immediate neighboring properties have similar challenges. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The proposed size of the home is below the 20% structural coverage limit. Granting of the lot area, lot width, and hardcover variances are necessary for the preservation of the property right 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 the variances for lot area, lot width, and hardcover in this situation is not contrary to the intent of the zoning chapter. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. Without variances the property is unbuildable. The variances for lot area, width, and hardcover are necessary, and do not merely serve as a convenience to the applicant. 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 No comments from the public have been received. The neighbors on either side have signed the acknowledgement form. 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 of the variances to construct a new home according to the proposed plan. List of Exhibits Exhibit A. Application Exhibit B. Practical Difficulties Documentation Form Exhibit C. Proposed Survey & Existing Site Plan Exhibit D. Proposed Plans and Elevations Exhibit E. Submitted Hardcover Calculations Exhibit F. Aerial Photos Exhibit G. Property Owners List & Acknowledgement Forms Exhibit H. Plat Map AGENDA ITEM Prepared By: NAN Reviewed By: LLO Approved By: 1. Purpose. This application is regarding a new oversized accessory building to be constructed streetward of the house. 2. MN§15.99 Application Deadline. The application was received on August 24, 2023 and considered to be complete on September 1, 2023. Therefore the 60-Day review period expired on October 31, 2023. 3. Background/ Summary. The applicant is proposing to construct a new oversized accessory building to be used as a barn, streetward of the proposed principal building. The subject property is 29 acres in size and the front lot line has been determined to be Stubbs Bay Road due to the length of the frontage. The Code does not permit oversized accessory buildings streetward of the principal building. The proposed barn is 2,800 square feet and therefore considered to be oversized. The proposed barn will be set back approximately 800 feet from Stubb Bay Road and not visible from the road. The applicant has indicated that a land trust on the property limits the location of buildings on the property to the northwest corner of the property. Furthermore, the barn location was chosen due to the proximity of the horse fields and pastures. A variance is being requested for the proposed location of the barn being placed streetward of the principal building. 4. Planning Commission Vote and Comment. On September 18, 2023, the Planning Commission held a public hearing, no public comments were made. The applicant noted barn will support the agricultural use of the land. The Commission discussed to visual impacts of the barn from the street views and notes to extensive setback from the road. The Commission reviewed the application and voted 6 to 0 on a motion to approve the requested variance as applied. Video of the Planning Commission meeting is at available on the city website to refence the discussion. 5. Public Comment. Staff received 2 neighbor support letters prior to the Planning Commission. These letters were not included in the original Planning Commission packet and are available as Exhibit C. 6. Staff Recommendation. Staff recommends approval. COUNCIL ACTION REQUESTED Motion to adopt Resolution No. 7409 Exhibits A. Draft Resolution No. 7409 B. Proposed Plans C. Neighbor Support Letters D. PC Staff Report 9/18/2023 References PC Exhibits 9/18/2023 A. Application B. Practical Difficulties Form C. Narrative Item No.: 13 Date: October 9, 2023 Item Description: LA23-000052, Revis Stephenson, 3760 Watertown Road, Variance Resolution No. 7409 Presenter: Natalie Nye Planner Agenda Section: Consent Agenda AGENDA ITEM Prepared By: NAN Reviewed By: LLO Approved By: D. Survey E. Plans F. Property Owners List and Map CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7409 1 A RESOLUTION APPROVING A VARIANCE FROM MUNICIPAL ZONING CODE SECTION 78-1440 FILE NO. LA23-000052 WHEREAS, Revis Stephenson (hereinafter the “Applicant”), applied for a variance from the City Code for the property addressed 3760 Watertown Road and legally described as: Lot 2, Block 1, HILLAWAY FARM, according to the recorded plat thereof, 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 oversized accessory building streetward of the principal building; and WHEREAS, on September 1, 2023 the Applicant made a complete application for a variance; and WHEREAS, on September 18, 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 September 18, 2023, the Planning Commission voted 6 to 0 in favor of a motion to recommend approval of the variance as applied; and WHEREAS, on October 9, 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 #LA23-000052. 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 RR-1A One Family Rural Residential Zoning District. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7409 2 3. The Property contains 29.65 acres and has a defined lot width of 1,458 feet. 4. Applicant has applied for the following variances: a. Oversized Accessory Building Placement 5. 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 lot is limited by a conservation easement that does not allow for construction on most of the 29-acre parcel. The proposed oversized accessory building will be used as a barn that serves the horse pastures and farmland that currently exist of the property. Furthermore, the accessory building is setback far enough from the street that it will have little to no impact on neighboring properties. 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 oversized accessory building to be used as a barn is a reasonable use of the property. The property as it exists today is used as farmland and horse pastures. The placement of the barn on the property serves this accessory use. 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. 7409 3 The total size of the property as well as the agricultural use and conservation easement are unique to the property were not created by the landowner; and c. The variance, if granted, will not alter the essential character of the locality.” The proposed variance will allow the construction of a new barn, oversized accessory building, 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 barn 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 RR-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 size and use of the lot are unique and specific to this 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 property is unique in size and nature to that of the surrounding area. 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 proposed barn must be adjacent to the existing agricultural land and is further limited by the conservation easement placed on the property. The variance is required for the construction of the barn that is over 1,000 sq.ft . This criterion is met. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7409 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 requested variance will not adversely impact health, safety, comfort, or morals of the community. 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 variance allows for the construction of a new oversized accessory building to be used as a barn on a 29-acre parcel and will not serve as a convenience to the applicant. The placement of the barn on the property is limited and requires a variance. 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 oversized 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. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. 4. 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 (October 9, 2024). 5. 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 9th day of October, 2023. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7409 5 ATTEST: CITY OF ORONO: _______________________________ ________________________________ Anna Carlson, City Clerk Dennis Walsh, Mayor Resol. No 7409 Exhibit A PARTYl<OOl"f TOP OF LOFT LEVEL -111.l->l.'eueFLR TOP OF &TOFWiE 51.16FLR LEVEL TOP • _leSS.S'OF SLA6 -!'I,� t ■le&S£1' -:el -N-'ls' LWRLML TOP OF SLAB ■ltD424>'-n,,-... METAL ROOF E:>" I-IAF!DIE FRIEZE FER ELEVS. I-IAF!DIE OR CEDAR VERT. SIDING 5" 1-!EVEAL E:>" I-IAF!DIE WINDOW Tfl!IM 60AF!DS TI-IIN STONE FER ELEVS. MID FOINT OF ROOF_ _ COPYRIG+-IT 211!)23, ALEXANDER DESIGN GROUP, INC. 7 I I 241 -6 11 12 12[7 □ .,,, ( 6n2 � AL SING, �111�1 �II �II �11�11 � 12 �12 □ PARTY l<OOl1 TOP OF LOFT LEVEL -N-'1<'51,!eFLR TOP OF STOFWiE SU6FLR LEVEL TOP 24'-6' i I I r I L � 12 �12 �r -4'if7F'iF.:�i'CTTTIING METAL ROOFINc. Ix �ING • 61DIN<>>eaf • !,!Q];_ -ENGINEERING FE�ED 6Y LARSON A560CIATES, Inc. AND Afl!E INTEGRATED INTO Tl-IE PLANS. MET AL RoOF E:>" I-IAF!DIE FRIEZE FER ELEVS. I-IAF!DIE OR CEDAR VERT. SIDING 5" 1-!EVEAL &" I-IAF!DIE WINDOW Tfl!IM 60AF!DS TI-IIN STONE FER ELEVS. ---1:flD ..EQ..INT .QE.f!OOF AN<iLE CUT 61DINGeND6 ATRJl<!alN<> -- 7 I I I I I I I I I I I Q'� ---.,;�• lli!iS.S'OF SLA6 ' J �-r· =-... 1;..,• _______ ""i' ___ .,... ____ __. _______________ ..._ ____________ _ LWR LEVEL TOP OF 61.A6 -!'l,l-->lc' 11)421)' L _____ ] ___ _ ---- ---- -------- ---- (l) ��- 1!:;�GI-JT -NE ELEVATION 275 EAST LAKE STREET SUITE 102 WAYZATA,MN 55391 Phone: 952.473.8777 FAX: 952.473.8222 w u w Qi d) � �f Z 1l o' C)� §d)3 0 ZQw� :r I'll w d) 61 1 OF 1 Resol. No 7409 Exhibit B Council Exhibit B 1 Natalie Nye From:Rick Krieger <rkrieger76@outlook.com> Sent:Sunday, September 17, 2023 8:13 PM To:Natalie Nye Subject:Stephenson variance Attachments:Permit Survey Proposed 2023.08.24.pdf Natalie, I am the home owner adjacent to Revis Stephenson property to the north and along Stubbs Bay Rd. I have reviewed the site map (attached) and the variance and support the approval of the variance. Please add that to the file for the meeting, I will not be attending. Call with any questions… Thanks Rick Krieger CEO, The Stonehaven Group, Inc 355 Stubbs Bay Rd Orono, MN 55356 952-922-7555 rkrieger76@outlook.com 1 Natalie Nye From:Bruce Malby <bmalby@aol.com> Sent:Saturday, September 16, 2023 6:18 PM To:Natalie Nye Subject:Re: 3760 Watertown - variance application Looks like a great home. I can certainly see someone wanting to put up a barn or car storage building on that type of improvement on these large lots west of Stubbs Bay Road. Many of these sites are 10 acres; all are pretty much two acres or more. This neighbor's is about 30 acres. It's been my experience as a fee appraiser for Newcome and Hansen Appraisals and when working for Dick Marks at Universal Valuation, that you usually see a caretaker home on sites like these and usually large barns or large carriage homes. One of the first home appraisals I worked on in 1993 when coming to Minnesota was owned by I believe a guy named Brackett who owned a 8,000 sf home built at the turn of the century on Crystal Bay. He had a caretaker home on the property, which I believe was about 10 acres, and about 3,000 linear feet of shoreline on Crystal Bay. He wanted our opinion of value regarding a property tax appeal. The main home was exceptional quality as much of the inside was hand carved and very high quality woodwork, but the home was in poor condition. It even had an underground tunnel to Crystal Bay and their dock, but also had original knob and tube wiring, and an 8 bay carriage garage back when they had horses. At the time, the home had reached the end of its economic life. But even then, over 100 years ago, you would see a caretakers home on the site. Same thing is true today at the Carlson compound on Tonkawa, and several other homes in the area. For what it's worth, I wholeheartedly support whatever they do with their property and wish them well. In a message dated 9/15/2023 1:12:34 PM Central Daylight Time, nnye@oronomn.gov writes: Hi Bruce, Please see the attached site plan for the proposed variance request at 3760 Watertown Road. Let me know if you have any questions. Thank you, Natalie Natalie Nye Planner 2 City of Orono Direct 952.249.4626 2750 Kelley Parkway, Orono, MN 55356 www.oronomn.gov Date Application Received: 08/24/2023 Date Application Considered as Complete: 09/01/2023 60-Day Review Period Expires: 10/31/2023 To: Chair Bollis and Planning Commission Members Adam Edwards, City Administrator From: Natalie Nye, Planner Date: September 18, 2023 Subject: #LA23-000052, Revis Stephenson, 3760 Watertown Road Variance for Accessory Structure Location- Public Hearing Background The applicant is proposing to construct a new accessory building that will be 2,800 square feet in size and used as a barn. The subject property is located at the corner of Watertown Road and Stubbs Bay Road. The City Code designates the front property line on a corner lot to be the shorter dimension of the two. The property’s frontage along Watertown Road is approximately 1,552 feet and the frontage along Stubbs Bay Road is approximately 1,459 feet, thus making Stubbs Bay Road the front. The subject property is over 29 acres in size, with a large portion of the property protected with a conservation easement. The proposed home and accessory building are situated in the northwestern corner of the lot. The proposed buildings are over 800 feet from the front property line. However, the applicant has designed the property so that the proposed accessory building is placed streetward of the home. The City Code does not permit oversized accessory buildings (over 1,000 square feet in size) streetward of the principal building. Therefore, a variance is being requested for the proposed placement of the new accessory building as it relates to the principal building’s location. All other zoning requirements such as setbacks and lot coverage have been met. This property is exempt to hardcover restrictions. Practical Difficulties Analysis Applicant Submittal Information: The applicant has identified the conservation easement that has been placed on the property by the Minnesota Land Trust as a practical difficulty that limits the placement of structures and buildings. The conservation easement has reduced the buildable area on the lot to a 1.6 acre building envelope where the proposed new home and barn are to be located. The conservation easement is in place to preserve the natural environment of the lot and agriculture use. The applicant has also indicated that the placement of the new accessory building is to be adjacent to the horse pasture and farm fields as the accessory building will be used as a barn. Additionally, the applicant has stated that the proposed improvements will not impact neighboring properties due to the distance from the property lines. Planning Staff Practical Difficulty Analysis: Staff agrees with the applicant’s assessment. The proposed home and accessory building are well beyond the required setbacks and not visible from the right-of-way. Staff acknowledges the limitations of the conservation easement and understand the rationale that requires the placement of the barn to be near the agricultural land on the property. 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 #LA23-000052 September 18, 2023 Page 2 of 4 LOT ANALYSIS WORKSHEET Section 78-330 – Accessory Building Setbacks: RR-1A District Accessory Building > 1,000 s.f. Required Proposed Front/Street 100’ 850’ Rear 100’ 350’ North Side 50’ 138’ South Side 100’ 515’ *Accessory buildings may not be located streetward of the principal building. Section 78-350 – Lot Area/Width: RR-1A District Lot Area Lot Width Required 217,800 s.f. (5.0 acres) 300’ Actual 1,297,369 s.f. (29.65 acres) 1,458’ Section 78-1434 – Accessory Building Size Restrictions: Total Lot Area Total Structural Coverage 1,297,369 s.f. (29.65 acres) Allowed: 17,424.6 s.f. (1.3% of total lot area) Proposed: 2,800 s.f. (0.02%) Applicable Regulations: Accessory Building Placement Variance (Section 78-1440) The City Code limits the placement of oversized 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 if they have less than a 1,000 square foot footprint. The proposed accessory building has a footprint of 2,800 square feet and therefore requires a variance in order to be constructed streetward of the principal building. 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 FILE #LA23-000052 September 18, 2023 Page 3 of 4 the construction of a new accessory building is supported by practical difficulties. The lot is limited by a conservation easement that does not allow for construction on most of the 29-acre parcel. The proposed accessory building will be used as a barn that serves the horse pastures and farmland that currently exist of the property. Furthermore, the accessory building is setback far enough from the street that it will have little to no impact on neighboring properties. 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. 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 barn is a reasonable use of the property. The property as it exists today is used as farmland and horse pastures. The placement of the barn on the property serves this accessory use. This criterion is met. b. There are circumstances unique to the property not created by the landowner; The total size of the property as well as the agricultural use and conservation easement are unique to the property were 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 barn 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 barn 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 RR-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 size and use of the lot are unique and specific to this property. This criterion is met. FILE #LA23-000052 September 18, 2023 Page 4 of 4 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The property is unique in size and nature to that of the surrounding area. 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 proposed barn must be adjacent to the existing agricultural land and is further limited by the conservation easement placed on the property. The variance is required for the construction of the barn. 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. 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 accessory building to be used as a barn on a 29-acre parcel and will not serve as a convenience to the applicant. The placement of the barn on the property is limited and requires a variance. 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 No public comments have been received. The applicant should be asked if neighboring proeprties were contacted as part of this request. 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, if granted, will not alter the essential character of the neighborhood? 3. Are there any other issues or concerns with this application? Planning Staff Recommendation Staff is supportive of the variance application for the placement of a new accessory building streetward of the principal building as applied. List of Exhibits Exhibit A. Application Exhibit B. Practical Difficulties Documentation Form Exhibit C. Narrative Exhibit D. Survey Exhibit E. Plans Exhibit F. Mailing List & Map AGENDA ITEM Prepared By: mcc Reviewed By: LLO Approved By: 1. Purpose. This application is regarding variances for 75-foot lake setback, wetland setback, and hardcover within the 75-foot setback to support improvements to the home and property. 2. MN§15.99 Application Deadline. The application was received on May 17, 2023 and considered to be complete on August 2, 2023. The 60-Day review period has been extended and expires on November 30, 2023. 3. Variance Description. The applicant is requesting variances hardcover improvements within the 75-foot setback from the lake and inlet and within the 25-foot wetland buffer in order to construct a pool and make other hardcover changes on the property. 4. Background/Summary. The Council reviewed this request at the September 25th meeting and directed staff to prepare a draft approval resolution including the following: a. Approval of the 15’ x 25’ swimming pool in the revised location (shown on the 9/14/23 plan); b. The new hardcover proposed in the 75-foot setback should be off-set by equal or greater hardcover removals (within the 75-foot setback). The overall hardcover level within the 75-foot setback should not increase above the current level – 0-75’ hardcover has been reduced by 666 square feet; c. All the hardcover shown as to-be-removed must be removed; d. Denial of the 6-foot-tall privacy wall – this wall has been removed from the plan; e. Denial of any new retaining walls – no new walls are proposed; and f. Updated proposed plans must be provided – revised plans dated 9/27/2023 have been provided. The current hardcover level in the 75-foot setback area is 6,419 square feet (36.8%). The applicant’s revised proposed calculations show a reduction of 666 square feet resulting in 5,753 square feet or 33.01% hardcover proposed within the 75-foot setback. The revised plan reflects a further reduction of 30 square feet from the 9/14/23 plans. 5. Planning Commission Vote and Comment. On August 21, the Planning Commission reviewed the applicant’s original request. A public hearing was held; following the public hearing, the Planning Commission voted 5 – 0 on a motion for denial as applied. The Commission provided specific feedback regarding the location of the pool indicating that the pool must meet the 75-foot setback from the main open water of Lake Minnetonka. 6. Staff Recommendation. Planning Staff recommends the following additional conditions: a. The pool patio shall be constructed with a pervious paver material; b. Prior to issuance of a building permit for the proposed project, after-the-fact zoning and/or building permits must be obtained by the property owner for the rebuilt boulder retaining walls and lake stair constructed without proper permits. c. The boulder walls should be screened from the lake with vegetation; d. If applicable, the 100-square foot hardcover “credit” for pervious pavers or qualifying deck shall not be applied within the 75-foot setback; e. Ongoing compliance with the MCWD regarding their requirements. Item No.: 14 Date: October 9, 2023 Item Description: LA23-000026, Eskuche Design o/b/o Dean & Heidi Martinson, 2605 North Shore Drive, Variances – Resolution No. 7410 Presenter: Melanie Curtis Planner Agenda Section: Community Development Report AGENDA ITEM Prepared By: mcc Reviewed By: LLO Approved By: Staff recommends the Council adopt Resolution No. 7410 as drafted based on the Council’s direction at the September 25th meeting as well as the above staff-recommended conditions. COUNCIL ACTION REQUESTED Council should adopt the draft resolution. Exhibits A. Draft Resolution No. 7410 B. Revised Plans C. Revised Hardcover Calculations D. Previously Proposed Plans (reviewed 9/25/23) E. Council Memo 09/25/2023 References Council Minutes 09/25/2023 Council Exhibits 09/25/2023 PC Packet 08/21/2023 A. Application B. Practical Difficulties Documentation Form C. Existing Survey D. Proposed Survey E. Proposed Survey – Annotated by staff F. Proposed Plans and Elevations G. Submitted Hardcover Calculations H. Aerial Photos I. Site Photos J. Resolution No. 7013 and No. 7272 K. Aerial Photo Retaining Wall Comparison L. Property Owners List M. Map CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7410 1 A RESOLUTION APPROVING VARIANCES FROM MUNICIPAL ZONING CODE SECTIONS 78-1279; 78-1680; and 78-1605 FILE NO. LA23-000026 WHEREAS, on May 17, 2023, Eskuche Design (hereinafter the “Applicant”), applied for variances from City Code, on behalf of Dan Martinson (hereinafter the “Owner”), for the property addressed 2605 North Shore Drive and legally described as: That part of Government Lot 4, Section 9, Township 117, Range 23, described as follows: Commencing at the North quarter corner of said section; thence on a bearing of South (the North line of the Northeast Quarter of said section being assumed to have a bearing of North 88 degrees 51 minutes West for purposes of this description) a distance of 2878.55 feet; thence South 70 degrees 37 minutes 31 seconds East a distance of 838.42 feet; thence South 67 degrees 19 minutes 23 seconds East a distance of 266.25 feet to Point A, said point A being the point of beginning of the property being described and also the beginning of line A; thence South 32 degrees 16 minutes 30 seconds West along said line A to a point on the shore of Lake Minnetonka, and said Line A there ending; thence Southeasterly along said shore to a point 300 feet Southeasterly from said Line A, said 300 feet being measured on a bearing of South 59 degrees 05 minutes 30 seconds East from said line A; thence North 32 degrees 16 minutes 30 seconds East a distance of 370 feet to an intersection with a line drawn South 59 degrees 05 minutes 30 seconds East from said Point A; thence North 59 degrees 05 minutes 30 seconds West to said Point A, the point of beginning; except that part of said above described property lying Southeasterly of the following described line: Commencing at said Point A; thence South 59 degrees 05 minutes 30 seconds East a distance of 246.74 feet to the point of beginning of the line being described; thence South 34 degrees 54 minutes 30 seconds West to the shore of Lake Minnetonka, and said there ending. Hennepin County, Minnesota (hereinafter the “Property”); WHEREAS, the Applicant has made application to the City of Orono for variances from Orono Municipal Zoning Code Sections 78-1279 and 78-1680 to allow for construction of a home addition, swimming pool, privacy wall, retaining walls, and other hardcover improvements to be located within the 75’ setback from the OHWL; and CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7410 2 WHEREAS, variances from Section 78-1605 for a home addition, swimming pool, privacy wall, retaining walls, and other hardcover improvements within the 25-foot setback from the wetland, and; WHEREAS, on August 21, 2023, after published and mailed notice in accordance with Minnesota Statutes and the City Code, the City Council 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 August 21, 2023, the Planning Commission provided feedback regarding the location of the proposed pool, privacy wall, and other improvements and recommended denial of the variances as applied on a 5 to 0vote; and WHEREAS, in response to the feedback provided, the Applicant provided a revised plan for City Council’s initial consideration at the September 25th meeting reflecting removal of the home addition and other minor changes as directed, and WHEREAS, on September 25, 2023, the City Council reviewed the revised application based on the recommendations of Planning Commission and Staff, and; WHEREAS, on September 25, 2023, the City Council directed preparation of findings for approval of the variances, the Applicant was required to update the plans to remove the proposed 6-foot screening wall, remove new retaining walls, and recalculate the hardcover changes; and WHEREAS, on October 9, 2023, the City Council reviewed and approved the revised plans and the draft resolution. NOW, THEREFORE, BE IT RESOLVED that on October 9, 2023, the City Council of Orono, Minnesota hereby approves the requested variances according to the revised plans 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 # LA23-000026. 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 Zoning District. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7410 3 3. The Property contains 1.86 acres in area and has a defined lot width of 230 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. Hardcover variance to permit changes to the hardcover and structures within the 75-foot lake setback. b. Lake setback variance to permit changes to the improvements within the 75-foot lake setback. c. Wetland setback variance to permit changes to the hardcover and structures within the 25-foot wetland 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. The variance is in harmony with the general intent and purpose of the Ordinance. The proposed variances are in harmony with the intent and purpose of the Ordinance. The goal of the ordinance is to reduce or eliminate improvements in the lake yard, the proposal shifts away from the lake yard as much as practical. This criterion is met. 2. The variance is consistent with the comprehensive plan. The proposed variances to conduct improvements to a nonconforming lot of record 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 permitted by the official controls; The request to permit residential improvements on the substandard lot within the lake and wetland setbacks appears to be reasonable considering the Property’s small size and its orientation with respect to the lakeshore on two sides and wetland area impacting the Property. The hardcover changes proposed within the lake and wetland setbacks appear to be reasonable. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7410 4 b. There are circumstances unique to the property not created by the landowner; The unique setbacks resulting from the wetland, lakeshore, and lake inlet significantly impact the buildable area on the Property; the conditions were not created by the owners; and c. The variance will not alter the essential character of the locality. The variances are requested in order to permit modifications to the improvements on the Property which are designed to fit the character of the neighborhood and reduce overall hardcover according to the submitted information. 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 residential improvements are 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 unique setbacks resulting from the wetland, lakeshore, and lake inlet exacerbate the Property’s substandard size, this combined with the home’s proximity to the lakes create difficulties which apply to few properties in the same neighborhood. The lake and inlet impacting the Property resulting in an approximate 5,000 square foot building envelope 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 wetland and lakeshore setbacks create difficulties which may also apply to a few properties in the same neighborhood. However, the location of the lake inlet resulting in a more restrictive building envelope is unique to this Property. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7410 5 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The variances supporting changes to the structures and hardcover within the lake and wetland setback areas support the use of the Property and are necessary for the preservation of the property rights of the owners. The wetland setback and 75-foot lake setback variances are improving the accessibility of the lot and result in a reduction in hardcover from the existing condition. 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 in this unique situation is not contrary to the intent of the zoning chapter. 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 do not merely serve as a convenience to the Applicant. The variances are necessary as the Property has considerable practical difficulties impacting development. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants variances to Orono Municipal Zoning Code Sections 78-1279 and 78-1680 to permit a new inground swimming pool and other hardcover improvements to be located within the 75’ setback from the OHWL; including variances from Section 78-1605 to permit the new inground swimming pool and other hardcover improvements within the 25-foot setback from the wetland, subject to the following conditions: 1. Council approval is based on the entire record, above Findings. 2. The approved project shall conform to the revised survey by Gronberg and Associates dated 09/27/2023 and building plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibits A and B. 3. Hardcover within the 75-foot setback areas is limited to 5,753 square feet or 33.01% (within the 75-foot setback). Overall hardcover is proposed to be 16,263 square feet or 20.03%. 4. The pool patio shall be constructed with a pervious paver material. The 100-square foot hardcover “credit” for pervious pavers or qualifying deck shall not be applied within the 75-foot setback; CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7410 6 5. Prior to issuance of a building permit for the proposed project, after-the-fact zoning and/or building permits must be obtained by the Owner to address the newly installed replacement boulder retaining walls and lake stair constructed without proper permits. 6. The boulder walls shall be screened from the lake with vegetation. 7. Ongoing compliance with the MCWD regarding wetland impacts. 8. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. 9. Authorities granted by this resolution run with the Property not with the Applicants, but are permissive only and must be exercised by obtaining the proper City permits for the new construction and commencing construction of said project. A permit must be obtained within one year of the date of Council approval, or the variances will expire on that date (October 9, 2024). 10. 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 9th day of October, 2023. ATTEST: CITY OF ORONO: _______________________________ ________________________________ Anna Carlson, City Clerk Dennis Walsh, Mayor Resol. No. 7410 Exhibit A LA23-00026 Principal Building Setbacks, also reflects the 75' setback from the lake and inlet average lakeshore setback line Revised Survey LAKEVIEWSRESIDENCE2605 N. SHORE DR,ORONO, MN 55391SHEETVARIANCE19 JULY 202313 SEPTEMBER 2023(UPDATED)27 SEPTEMBER 2023(UPDATED)952-544-384418318 Minnetonka BlvdDeephaven, MN 55391Copyright 20221EXISTING VIEW FROM LAKE4PROPOSED VIEW FROM LAKENEW DECK, TRIM, AND RAILINGTO IMPROVE AESTHETICRevised plans LAKEVIEWSRESIDENCE2605 N. SHORE DR,ORONO, MN 55391SHEET1VARIANCE19 JULY 202313 SEPTEMBER 2023(UPDATED)27 SEPTEMBER 2023(UPDATED)952-544-384418318 Minnetonka BlvdDeephaven, MN 55391Copyright 202217'-10 3/4"22'-1 3/4"936'936'CONC.GEN PADA/CA/CAVERAGE LAKESHORE SETBACKLAKE MTKA75' SETBACKFRENCH CREEK75' SETBACKFLOODPLAINFLOODPLAINPOOLEQUIP.15'x25'PROPOSEDPOOL937'937'PLANTE D PLANTED938'PLANTED936936'EENCH ECREEEKEEE''SETBACK939388'15'x25'''''EDEDPROPOSEDEDEDPOOLPROPOSED PAVERDRIVE UNDEREXISTING ROOF938.6'EXISTING ROOFEXISTING ROOFFLOORLEVEL940.1'LANDING939.6'REPLACE TIMBER WALLSW/ STONE RET. WALLSAVERAGE LAKESHO SETBALAKE MTKA75' SETBACKFRENCH CREEK75' SETBACKFLOODPLAINFLOODPLAIN7060504030802010NWES0 20'40'60' 80'1DEMO SITE PLANEXISTING STONERET. WALLSREPLACE TIMBERWALLS W/ STONENO CHANGE IN HEIGHTSUMMER SOLSTICESUNRISEWINTER SOLSTICESUNRISESUMMER SOLSTICESUNRISEWINTER SOLSTICESUNRISELEGENDSTRUCTUREWATERPAVING & DRIVEGRASSMULCHEXISTING HOUSE & DECKREMOVED HARDCOVER-HARDSCAPE WITHIN LAKE SETBACKSREPURPOSED HARDCOVER-HARDSCAPE WITHIN LAKE SETBACKSPHOTOGRAPH OF EXISTING HOME AT SHORELINE PHOTOGRAPH OF EXISTING CONCRETE BRIDGETO BE REMOVEDPROPOSED HARDCOVER-HARDSCAPE WITHIN LAKE SETBACKSTOTAL REPURPOSED HARDCOVER-HARDSCAPE WITHIN LAKE SETBACKS(FROM EXISTING) LAKEVIEWSRESIDENCE2605 N. SHORE DR,ORONO, MN 55391SHEET2VARIANCE19 JULY 202313 SEPTEMBER 2023(UPDATED)27 SEPTEMBER 2023(UPDATED)952-544-384418318 Minnetonka BlvdDeephaven, MN 55391Copyright 202217'-10 3/4"22'-1 3/4"936'936'CONC.GEN PADA/CA/CAVERAGE LAKESHORE SETBACKLAKE MTKA75' SETBACKFRENCH CREEK75' SETBACKFLOODPLAINFLOODPLAINPOOLEQUIP.15'x25'PROPOSEDPOOL937'937'PLANTED PLANTED938'PLANTEDEXISTINGHOUSE#2625936936'ENCH ECREEK''SETBACK939388'15'x25'''''EDEDPROPOSEDEDEDPOOLPROPOSED PAVERDRIVE UNDEREXISTING ROOF938.6'EXISTING ROOFEXISTING ROOFFLOORLEVEL940.1'LANDING939.6'7060504030802010NWES0 20'40'60' 80'1PROPOSED SITE PLAN W/ ADJ. HOMESSUMMER SOLSTICESUNRISEWINTER SOLSTICESUNRISESUMMER SOLSTICESUNRISEWINTER SOLSTICESUNRISELEGENDSTRUCTUREWATERPAVING & DRIVEGRASSMULCHEXISTING HOUSE & DECK LAKEVIEWSRESIDENCE2605 N. SHORE DR,ORONO, MN 55391SHEET2VARIANCE19 JULY 202313 SEPTEMBER 2023(UPDATED)27 SEPTEMBER 2023(UPDATED)952-544-384418318 Minnetonka BlvdDeephaven, MN 55391Copyright 202211'-0"5'-0"12' 14' 16'GRAPHIC SCALE4'0' 2' 6' 8' 10'TYP CEILING HEIGHT = 7'-0½" (SITE VERIFY)LOWERLEVEL FLOOR PLANTO REMAIN:UNEXCAVATEDBELOW EXISTINGGARAGEEXISTING:FINISHED LOWER LEVELEXISTING:DECK POSTLOCATIONS12' 14' 16'GRAPHIC SCALE4'0' 2' 6' 8' 10' LAKEVIEWSRESIDENCE2605 N. SHORE DR,ORONO, MN 55391SHEET3VARIANCE19 JULY 202313 SEPTEMBER 2023(UPDATED)27 SEPTEMBER 2023(UPDATED)952-544-384418318 Minnetonka BlvdDeephaven, MN 55391Copyright 202213'-0"20'-0"5'-0"25'-0"5A14CONC.GEN PADA/CA/CPOOLEQUIP.15'x25'PROPOSEDPOOLPLANTEDPLANT E D NTE D 12'14'16'GRAPHIC SCALE4'0'2'6'8'10'TYP CEILING HEIGHT = 8'-0½" (SITE VERIFY)APPROX. SF OF ADDITION = 1,353 FINISHEDMAIN LEVEL FLOOR PLANPROPOSEDPATIOPROPOSEDPOOLPROPOSEDPAVERSREMODELED DECKREMODELEDCOVERED ENTRYNEW PAVERS & STEPSTO MATCH EXISTINGELEVATION & SIZEREMODELED DECKTO MATCH EXISTINGELEVATION & SIZEREMODELED DECKTO MATCH EXISTINGELEVATION & SIZEEXISTING ROOFEXISTING R O O FMULCH MULCHMULCH12' 14' 16'GRAPHIC SCALE4'0' 2' 6' 8' 10' LAKEVIEWSRESIDENCE2605 N. SHORE DR,ORONO, MN 55391SHEET4VARIANCE19 JULY 202313 SEPTEMBER 2023(UPDATED)27 SEPTEMBER 2023(UPDATED)952-544-384418318 Minnetonka BlvdDeephaven, MN 55391Copyright 2022TUCKPOINT EXISTINGBRICK & REPAINT TYPICALTUCKPOINTEXISTINGCOLUMNSTUCKPOINT EXISTINGBRICK & REPAINT TYPICALEXISTING ROOF TO REMAINEXISTING ROOF TO REMAIN12' 14' 16'GRAPHIC SCALE4'0' 2' 6' 8' 10'2PROPOSED NORTH ELEVATION1DEMO NORTH ELEVATIONPHOTOGRAPH OF EXISTING HOME AT EXISTING DRIVE LAKEVIEWSRESIDENCE2605 N. SHORE DR,ORONO, MN 55391SHEET5VARIANCE19 JULY 202313 SEPTEMBER 2023(UPDATED)27 SEPTEMBER 2023(UPDATED)952-544-384418318 Minnetonka BlvdDeephaven, MN 55391Copyright 2022NEW DECKING, TRIM, & RAILING -EXISTING DECK ELEVATIONS TO REMAIN12' 14' 16'GRAPHIC SCALE4'0' 2' 6' 8' 10'2PROPOSED EAST ELEVATION1DEMO EAST ELEVATION LAKEVIEWSRESIDENCE2605 N. SHORE DR,ORONO, MN 55391SHEET6VARIANCE19 JULY 202313 SEPTEMBER 2023(UPDATED)27 SEPTEMBER 2023(UPDATED)952-544-384418318 Minnetonka BlvdDeephaven, MN 55391Copyright 20223'-0"3'-0"3'-0"3'-0"PROPOSEDRAILINGPROPOSEDRAILINGNEW DECKING,TRIM, & RAILINGPROPOSED SLIDING DOORS3'-0"3'-0"3'-0"3'-0"RAILING TOBE REPLACEDRAILING TOBE REPLACEDSTONE RET. WALLSEXISTING TO REMAINSTONE LANDSCAPE STEPSEXISTING TO REMAIN12' 14' 16'GRAPHIC SCALE4'0' 2' 6' 8' 10'2PROPOSED SOUTH ELEVATION1DEMO SOUTH ELEVATIONPROPOSED VIEW FROM LAKESTONE RET. WALLSEXISTING TO REMAINREPLACE TIMBER WALLSW/ STONE RET. WALLSTO MATCH EXISTING -NO CHANGE IN HEIGHTNEW DECK, TRIM, AND RAILINGTO IMPROVE AESTHETICNEW STONE VENEERTO CONCEAL STRUCTUREPHOTOGRAPH OF EXISTING HOME AT SHORELINE LAKEVIEWSRESIDENCE2605 N. SHORE DR,ORONO, MN 55391SHEET7VARIANCE19 JULY 202313 SEPTEMBER 2023(UPDATED)27 SEPTEMBER 2023(UPDATED)952-544-384418318 Minnetonka BlvdDeephaven, MN 55391Copyright 2022NEW VERTICAL LIFT DOORWITHIN EXISTING DOOR OPENING12' 14' 16'GRAPHIC SCALE4'0' 2' 6' 8' 10'2PROPOSED WEST ELEVATION1DEMO WEST ELEVATIONPHOTOGRAPH OF EXISTING GARAGE COUNCIL Exhibit B Principal Building Setbacks, also reflects the 75' setback from the lake and inlet average lakeshore setback line Revised Survey LAKEVIEWSRESIDENCE2605 N. SHORE DR,ORONO, MN 55391SHEETVARIANCE19 JULY 202313 SEPTEMBER 2023(UPDATED)27 SEPTEMBER 2023(UPDATED)952-544-384418318 Minnetonka BlvdDeephaven, MN 55391Copyright 20221EXISTING VIEW FROM LAKE4PROPOSED VIEW FROM LAKENEW DECK, TRIM, AND RAILINGTO IMPROVE AESTHETICRevised plans LAKEVIEWSRESIDENCE2605 N. SHORE DR,ORONO, MN 55391SHEET1VARIANCE19 JULY 202313 SEPTEMBER 2023(UPDATED)27 SEPTEMBER 2023(UPDATED)952-544-384418318 Minnetonka BlvdDeephaven, MN 55391Copyright 202217'-10 3/4"22'-1 3/4"936'936'CONC.GEN PADA/CA/CAVERAGE LAKESHORE SETBACKLAKE MTKA75' SETBACKFRENCH CREEK75' SETBACKFLOODPLAINFLOODPLAINPOOLEQUIP.15'x25'PROPOSEDPOOL937'937'PLANTE D PLANTED938'PLANTED936936'EENCH ECREEEKEEE''SETBACK939388'15'x25'''''EDEDPROPOSEDEDEDPOOLPROPOSED PAVERDRIVE UNDEREXISTING ROOF938.6'EXISTING ROOFEXISTING ROOFFLOORLEVEL940.1'LANDING939.6'REPLACE TIMBER WALLSW/ STONE RET. WALLSAVERAGE LAKESHO SETBALAKE MTKA75' SETBACKFRENCH CREEK75' SETBACKFLOODPLAINFLOODPLAIN7060504030802010NWES0 20'40'60' 80'1DEMO SITE PLANEXISTING STONERET. WALLSREPLACE TIMBERWALLS W/ STONENO CHANGE IN HEIGHTSUMMER SOLSTICESUNRISEWINTER SOLSTICESUNRISESUMMER SOLSTICESUNRISEWINTER SOLSTICESUNRISELEGENDSTRUCTUREWATERPAVING & DRIVEGRASSMULCHEXISTING HOUSE & DECKREMOVED HARDCOVER-HARDSCAPE WITHIN LAKE SETBACKSREPURPOSED HARDCOVER-HARDSCAPE WITHIN LAKE SETBACKSPHOTOGRAPH OF EXISTING HOME AT SHORELINE PHOTOGRAPH OF EXISTING CONCRETE BRIDGETO BE REMOVEDPROPOSED HARDCOVER-HARDSCAPE WITHIN LAKE SETBACKSTOTAL REPURPOSED HARDCOVER-HARDSCAPE WITHIN LAKE SETBACKS(FROM EXISTING) LAKEVIEWSRESIDENCE2605 N. SHORE DR,ORONO, MN 55391SHEET2VARIANCE19 JULY 202313 SEPTEMBER 2023(UPDATED)27 SEPTEMBER 2023(UPDATED)952-544-384418318 Minnetonka BlvdDeephaven, MN 55391Copyright 202217'-10 3/4"22'-1 3/4"936'936'CONC.GEN PADA/CA/CAVERAGE LAKESHORE SETBACKLAKE MTKA75' SETBACKFRENCH CREEK75' SETBACKFLOODPLAINFLOODPLAINPOOLEQUIP.15'x25'PROPOSEDPOOL937'937'PLANTED PLANTED938'PLANTEDEXISTINGHOUSE#2625936936'ENCH ECREEK''SETBACK939388'15'x25'''''EDEDPROPOSEDEDEDPOOLPROPOSED PAVERDRIVE UNDEREXISTING ROOF938.6'EXISTING ROOFEXISTING ROOFFLOORLEVEL940.1'LANDING939.6'7060504030802010NWES0 20'40'60' 80'1PROPOSED SITE PLAN W/ ADJ. HOMESSUMMER SOLSTICESUNRISEWINTER SOLSTICESUNRISESUMMER SOLSTICESUNRISEWINTER SOLSTICESUNRISELEGENDSTRUCTUREWATERPAVING & DRIVEGRASSMULCHEXISTING HOUSE & DECK LAKEVIEWSRESIDENCE2605 N. SHORE DR,ORONO, MN 55391SHEET2VARIANCE19 JULY 202313 SEPTEMBER 2023(UPDATED)27 SEPTEMBER 2023(UPDATED)952-544-384418318 Minnetonka BlvdDeephaven, MN 55391Copyright 202211'-0"5'-0"12' 14' 16'GRAPHIC SCALE4'0' 2' 6' 8' 10'TYP CEILING HEIGHT = 7'-0½" (SITE VERIFY)LOWERLEVEL FLOOR PLANTO REMAIN:UNEXCAVATEDBELOW EXISTINGGARAGEEXISTING:FINISHED LOWER LEVELEXISTING:DECK POSTLOCATIONS12' 14' 16'GRAPHIC SCALE4'0' 2' 6' 8' 10' LAKEVIEWSRESIDENCE2605 N. SHORE DR,ORONO, MN 55391SHEET3VARIANCE19 JULY 202313 SEPTEMBER 2023(UPDATED)27 SEPTEMBER 2023(UPDATED)952-544-384418318 Minnetonka BlvdDeephaven, MN 55391Copyright 202213'-0"20'-0"5'-0"25'-0"5A14CONC.GEN PADA/CA/CPOOLEQUIP.15'x25'PROPOSEDPOOLPLANTEDPLANT E D NTE D 12'14'16'GRAPHIC SCALE4'0'2'6'8'10'TYP CEILING HEIGHT = 8'-0½" (SITE VERIFY)APPROX. SF OF ADDITION = 1,353 FINISHEDMAIN LEVEL FLOOR PLANPROPOSEDPATIOPROPOSEDPOOLPROPOSEDPAVERSREMODELED DECKREMODELEDCOVERED ENTRYNEW PAVERS & STEPSTO MATCH EXISTINGELEVATION & SIZEREMODELED DECKTO MATCH EXISTINGELEVATION & SIZEREMODELED DECKTO MATCH EXISTINGELEVATION & SIZEEXISTING ROOFEXISTING R O O FMULCH MULCHMULCH12' 14' 16'GRAPHIC SCALE4'0' 2' 6' 8' 10' LAKEVIEWSRESIDENCE2605 N. SHORE DR,ORONO, MN 55391SHEET4VARIANCE19 JULY 202313 SEPTEMBER 2023(UPDATED)27 SEPTEMBER 2023(UPDATED)952-544-384418318 Minnetonka BlvdDeephaven, MN 55391Copyright 2022TUCKPOINT EXISTINGBRICK & REPAINT TYPICALTUCKPOINTEXISTINGCOLUMNSTUCKPOINT EXISTINGBRICK & REPAINT TYPICALEXISTING ROOF TO REMAINEXISTING ROOF TO REMAIN12' 14' 16'GRAPHIC SCALE4'0' 2' 6' 8' 10'2PROPOSED NORTH ELEVATION1DEMO NORTH ELEVATIONPHOTOGRAPH OF EXISTING HOME AT EXISTING DRIVE LAKEVIEWSRESIDENCE2605 N. SHORE DR,ORONO, MN 55391SHEET5VARIANCE19 JULY 202313 SEPTEMBER 2023(UPDATED)27 SEPTEMBER 2023(UPDATED)952-544-384418318 Minnetonka BlvdDeephaven, MN 55391Copyright 2022NEW DECKING, TRIM, & RAILING -EXISTING DECK ELEVATIONS TO REMAIN12' 14' 16'GRAPHIC SCALE4'0' 2' 6' 8' 10'2PROPOSED EAST ELEVATION1DEMO EAST ELEVATION LAKEVIEWSRESIDENCE2605 N. SHORE DR,ORONO, MN 55391SHEET6VARIANCE19 JULY 202313 SEPTEMBER 2023(UPDATED)27 SEPTEMBER 2023(UPDATED)952-544-384418318 Minnetonka BlvdDeephaven, MN 55391Copyright 20223'-0"3'-0"3'-0"3'-0"PROPOSEDRAILINGPROPOSEDRAILINGNEW DECKING,TRIM, & RAILINGPROPOSED SLIDING DOORS3'-0"3'-0"3'-0"3'-0"RAILING TOBE REPLACEDRAILING TOBE REPLACEDSTONE RET. WALLSEXISTING TO REMAINSTONE LANDSCAPE STEPSEXISTING TO REMAIN12' 14' 16'GRAPHIC SCALE4'0' 2' 6' 8' 10'2PROPOSED SOUTH ELEVATION1DEMO SOUTH ELEVATIONPROPOSED VIEW FROM LAKESTONE RET. WALLSEXISTING TO REMAINREPLACE TIMBER WALLSW/ STONE RET. WALLSTO MATCH EXISTING -NO CHANGE IN HEIGHTNEW DECK, TRIM, AND RAILINGTO IMPROVE AESTHETICNEW STONE VENEERTO CONCEAL STRUCTUREPHOTOGRAPH OF EXISTING HOME AT SHORELINE LAKEVIEWSRESIDENCE2605 N. SHORE DR,ORONO, MN 55391SHEET7VARIANCE19 JULY 202313 SEPTEMBER 2023(UPDATED)27 SEPTEMBER 2023(UPDATED)952-544-384418318 Minnetonka BlvdDeephaven, MN 55391Copyright 2022NEW VERTICAL LIFT DOORWITHIN EXISTING DOOR OPENING12' 14' 16'GRAPHIC SCALE4'0' 2' 6' 8' 10'2PROPOSED WEST ELEVATION1DEMO WEST ELEVATIONPHOTOGRAPH OF EXISTING GARAGE LAKEVIEWSRESIDENCE2605 N. SHORE DR,ORONO, MN 55391SHEET8VARIANCE19 JULY 202313 SEPTEMBER 2023(UPDATED)27 SEPTEMBER 2023(UPDATED)952-544-384418318 Minnetonka BlvdDeephaven, MN 55391Copyright 20225'-0"20'-0"4'-6"23'-0"13'-0"20'-0"5'-0"40'-6"25'-0"25'-0"5A143A144A14RIP TRIMTO FITRIP TRIMTO FIT17'-4 1/2"BUILDING HEIGHTRIP TRIMTO FITRIP TRIMTO FIT26'-9 1/2"ESTIMATED EXISTINGBUILDING HEIGHT12' 14' 16'GRAPHIC SCALE4'0' 2' 6' 8' 10'1GARAGE FLOOR PLAN6EAST ELEVATION3NORTH ELEVATION4WEST ELEVATION5SOUTH ELEVATION2PROPOSED ADDITION NORTH ELEVATIONPROPOSED STONELANDSCAPE PLANTERFOOTPRINT: 925 SQ. FT. Council Exhibit D PREVIOUSLY REVIEWED BY COUNCIL ON 9/25 REVISED/PROPOSED SITE PLAN proposed patio and stair removed = Change from Planning Commision reviewed plan = building envelope (Principal building) STAFF-ANNOTATED PROPOSED SITE PLAN 75-foot setback 75-foot setback LAKEVIEWSRESIDENCE2605 N. SHORE DR,ORONO, MN 55391SHEETVARIANCE19 JULY 202313 SEPTEMBER 2023(UPDATED)952-544-384418318 Minnetonka BlvdDeephaven, MN 55391Copyright 20221EXISTING VIEW FROM LAKE2PROPOSED VIEW FROM LAKENEW DECK, TRIM, AND RAILINGTO IMPROVE AESTHETICREVISED PLANS LAKEVIEWSRESIDENCE2605 N. SHORE DR,ORONO, MN 55391SHEET1VARIANCE19 JULY 202313 SEPTEMBER 2023(UPDATED)952-544-384418318 Minnetonka BlvdDeephaven, MN 55391Copyright 202218'-0"21'-10 1/4"6' TALL STONE FENCENO CLOSER TO LAKESHORETHAN EXISTING DRIVEWAY936'936'CONC.GEN PADA/CA/CAVERAGE LAKESHORE SETBACKLAKE MTKA75' SETBACKFRENCH CREEK75' SETBACKFLOODPLAINFLOODPLAINPOOLEQUIP.15'x25'PROPOSEDPOOL937'937'PLANTEDPLANTED938'PLANTED9369336'EENCH ECREEEKEEE''SETBACK939388'15'x25'PROPOSEDPOOLPROPOSED PAVERDRIVE UNDEREXISTING ROOF938.6'EXISTING ROOFEXISTING ROOFFLOORLEVEL940.1'LANDING939.6'REPLACE TIMBER WALLSW/ STONE RET. WALLSAVERAGE LAKESHO SETBALAKE MTKA75' SETBACKFRENCH CREEK75' SETBACKFLOODPLAINFLOODPLAIN7060504030802010NWES0 20'40'60' 80'1DEMO SITE PLANEXISTING STONERET. WALLSREPLACE TIMBERWALLS W/ STONENO CHANGE IN HEIGHTSUMMER SOLSTICESUNRISEWINTER SOLSTICESUNRISESUMMER SOLSTICESUNRISEWINTER SOLSTICESUNRISELEGENDSTRUCTUREWATERPAVING & DRIVEGRASSMULCHEXISTING HOUSE & DECKREMOVED HARDCOVER-HARDSCAPE WITHIN LAKE SETBACKSREPURPOSED HARDCOVER-HARDSCAPE WITHIN LAKE SETBACKSPHOTOGRAPH OF EXISTING HOME AT SHORELINE PHOTOGRAPH OF EXISTING CONCRETE BRIDGETO BE REMOVEDPROPOSED HARDCOVER-HARDSCAPE WITHIN LAKE SETBACKSTOTAL REPURPOSED HARDCOVER-HARDSCAPE WITHIN LAKE SETBACKS(FROM EXISTING) LAKEVIEWSRESIDENCE2605 N. SHORE DR,ORONO, MN 55391SHEET2VARIANCE19 JULY 202313 SEPTEMBER 2023(UPDATED)952-544-384418318 Minnetonka BlvdDeephaven, MN 55391Copyright 202218'-0"21'-10 1/4"6' TALL STONE FENCENO CLOSER TO LAKESHORETHAN EXISTING DRIVEWAY936'936'CONC.GEN PADA/CA/CAVERAGE LAKESHORE SETBACKLAKE MTKA75' SETBACKFRENCH CREEK75' SETBACKFLOODPLAINFLOODPLAINPOOLEQUIP.15'x25'PROPOSEDPOOL937'937'PLANTE D PLANTED938'PLANTEDEXISTINGHOUSE#26259369336'ENCH ECREEK''SETBACK939388'15'x25'PROPOSEDPOOLPROPOSED PAVERDRIVE UNDEREXISTING ROOF938.6'EXISTING ROOFEXISTING ROOFFLOORLEVEL940.1'LANDING939.6'7060504030802010NWES0 20'40'60' 80'1PROPOSED SITE PLAN W/ ADJ. HOMESSUMMER SOLSTICESUNRISEWINTER SOLSTICESUNRISESUMMER SOLSTICESUNRISEWINTER SOLSTICESUNRISELEGENDSTRUCTUREWATERPAVING & DRIVEGRASSMULCHEXISTING HOUSE & DECK LAKEVIEWSRESIDENCE2605 N. SHORE DR,ORONO, MN 55391SHEET2VARIANCE19 JULY 202313 SEPTEMBER 2023(UPDATED)952-544-384418318 Minnetonka BlvdDeephaven, MN 55391Copyright 202212' 14' 16'GRAPHIC SCALE4'0' 2' 6' 8' 10'TYP CEILING HEIGHT = 7'-0½" (SITE VERIFY)LOWERLEVEL FLOOR PLANTO REMAIN:UNEXCAVATEDBELOW EXISTINGGARAGEEXISTING:FINISHED LOWER LEVELEXISTING:DECK POSTLOCATIONS12' 14' 16'GRAPHIC SCALE4'0' 2' 6' 8' 10' LAKEVIEWSRESIDENCE2605 N. SHORE DR,ORONO, MN 55391SHEET3VARIANCE19 JULY 202313 SEPTEMBER 2023(UPDATED)952-544-384418318 Minnetonka BlvdDeephaven, MN 55391Copyright 202213'-0"20'-0"5'-0"25'-0"5A13CONC.GEN PADA/CA/CPOOLEQUIP.15'x25'PROPOSEDPOOLPLANTEDPLANT E D NTE D 12'14'16'GRAPHIC SCALE4'0'2'6'8'10'TYP CEILING HEIGHT = 8'-0½" (SITE VERIFY)APPROX. SF OF ADDITION = 1,353 FINISHEDMAIN LEVEL FLOOR PLANPROPOSEDPATIOPROPOSEDPOOLPROPOSEDPAVERSREMODELED DECKREMODELEDCOVERED ENTRYNEW PAVERS & STEPSTO MATCH EXISTINGELEVATION & SIZEREMODELED DECKTO MATCH EXISTINGELEVATION & SIZEREMODELED DECKTO MATCH EXISTINGELEVATION & SIZEEXISTING ROOFEXISTING R O O FMULCH MULCHMULCH12' 14' 16'GRAPHIC SCALE4'0' 2' 6' 8' 10' LAKEVIEWSRESIDENCE2605 N. SHORE DR,ORONO, MN 55391SHEET4VARIANCE19 JULY 202313 SEPTEMBER 2023(UPDATED)952-544-384418318 Minnetonka BlvdDeephaven, MN 55391Copyright 2022TUCKPOINT EXISTINGBRICK & REPAINT TYPICALTUCKPOINT EXISTINGCOLUMNSTUCKPOINT EXISTINGBRICK & REPAINT TYPICALEXISTING ROOF TO REMAIN12' 14' 16'GRAPHIC SCALE4'0' 2' 6' 8' 10'2PROPOSED NORTH ELEVATION1DEMO NORTH ELEVATIONPHOTOGRAPH OF EXISTING HOME AT EXISTING DRIVE LAKEVIEWSRESIDENCE2605 N. SHORE DR,ORONO, MN 55391SHEET5VARIANCE19 JULY 202313 SEPTEMBER 2023(UPDATED)952-544-384418318 Minnetonka BlvdDeephaven, MN 55391Copyright 2022NEW DECKING, TRIM, & RAILING -EXISTING DECK ELEVATIONS TO REMAIN12' 14' 16'GRAPHIC SCALE4'0' 2' 6' 8' 10'2PROPOSED EAST ELEVATION1DEMO EAST ELEVATION LAKEVIEWSRESIDENCE2605 N. SHORE DR,ORONO, MN 55391SHEET6VARIANCE19 JULY 202313 SEPTEMBER 2023(UPDATED)952-544-384418318 Minnetonka BlvdDeephaven, MN 55391Copyright 20223'-0"3'-0"3'-0"3'-0"PROPOSEDRAILINGPROPOSEDRAILINGNEW DECKING,TRIM, & RAILINGPROPOSED STONE FENCEPROPOSED SLIDING DOORS3'-0"3'-0"3'-0"3'-0"RAILING TOBE REPLACEDRAILING TOBE REPLACEDSTONE RET. WALLSEXISTING TO REMAINSTONE LANDSCAPE STEPSEXISTING TO REMAIN12' 14' 16'GRAPHIC SCALE4'0' 2' 6' 8' 10'2PROPOSED SOUTH ELEVATION1DEMO SOUTH ELEVATIONPROPOSED VIEW FROM LAKESTONE RET. WALLSEXISTING TO REMAINREPLACE TIMBER WALLSW/ STONE RET. WALLSTO MATCH EXISTING -NO CHANGE IN HEIGHTNEW DECK, TRIM, AND RAILINGTO IMPROVE AESTHETICNEW STONE VENEERTO CONCEAL STRUCTUREPHOTOGRAPH OF EXISTING HOME AT SHORELINE LAKEVIEWSRESIDENCE2605 N. SHORE DR,ORONO, MN 55391SHEET7VARIANCE19 JULY 202313 SEPTEMBER 2023(UPDATED)952-544-384418318 Minnetonka BlvdDeephaven, MN 55391Copyright 2022NEW SLIDING PATIO DOORSWITHIN EXISTING DOOR OPENING12' 14' 16'GRAPHIC SCALE4'0' 2' 6' 8' 10'2PROPOSED WEST ELEVATION1DEMO WEST ELEVATIONPHOTOGRAPH OF EXISTING GARAGE AGENDA ITEM Prepared By: mcc Reviewed By: LLO Approved By: 1. Purpose. This application is regarding variances for 75-foot lake setback, wetland setback, and hardcover within the 75-foot setback to support improvements to the home and property. 2. MN§15.99 Application Deadline. The application was received on May 17, 2023 and considered to be complete on August 2, 2023. The 60-Day review period has been extended and expires on November 30, 2023. 3. Background/ Summary. The applicant’s original proposal includes a house addition within the 75-foot lake setback, new exterior walls under the lakeside deck (currently supported by posts), a new in-ground swimming pool, new retaining walls, a stone fence/wall, stairs, walkways, as well as a number of hardcover changes to the site within the 75-foot setback. Since the planning commission’s review, the applicant has made changes to the plans and submitted amended plans (Exhibit A). Specifically, the addition to the home has been removed, the pool has been relocated to be behind the 75-foot setback from the lake, but is still approximately 30-feet from the inlet, and some of the proposed hardcover improvements have been adjusted. The planning commission requested clarification regarding the hardcover levels specifically within the 75- foot setback. The current hardcover level in the 75-foot setback area is 6,419 square feet (36.8%); the applicant’s proposed calculations show a reduction of 636 square feet resulting in 5,783 square feet or 33.18% hardcover proposed within the 75-foot setback. 4. Variance Description. The applicant is proposing changes to the hardcover improvements within the 75- foot setback from the lake and inlet on the property. The improvements are alphabetically coded on the survey for the hardcover calculations and the alphabetic code will be used to identify which improvements are being discussed herein. The original list was generated from the original plans. Staff has annotated items with either strikethrough (example) or italicized text to indicate changes from the original plan set. The following new improvements are proposed; changes from the original plans are noted: a) The proposed home addition is 56 feet from the inlet; removed from plan b) The pool (H) is set back 23 30 feet from the inlet and approximately 20 29 feet from the wetland where 75-foot (lake & inlet) and 25-foot (wetland) setbacks are required. The pool location has been adjusted within the existing driveway hardcover; however, the pool is a new accessory structure and is considered an expansion within the 75-foot setback; revised c) The pool patio (G) is set back 20 19 feet from the inlet and 16 15 feet from the wetland where a 75- foot setback and/or 25-foot wetland setback are required; revised d) The six-foot tall stone fence (K) is 20 feet from the inlet and 12 feet from the wetland; this structure is not permitted within the 75-foot and/or 25-foot wetland setback; e) The new, circular paver patio and new walk (S) on the lakeside of the pool are 22 feet from the inlet and 48 feet from the lake; removed from plan f) The applicant is proposing to enclose the area under the existing deck. This is an expansion of the building footprint. The deck is 18 feet from the lake; the enclosure changes the home’s setback from 27 feet to 18 feet where a 75-foot setback is required; and The “existing” boulder retaining walls (P) on the lakeside of the home appear to have been recently installed in the place of the one-foot-tall timber border shown on the Item No.: 14 Date: September 25, 2023 Item Description: LA23-000026, Eskuche Design o/b/o Dean & Heidi Martinson, 2605 North Shore Drive, Variances Presenter: Melanie Curtis Planner Agenda Section: Community Development Report AGENDA ITEM Prepared By: mcc Reviewed By: LLO Approved By: Existing Conditions Survey. The wall replacement approval may have been included in one of the previously approved variances for the property. However, there is no record of a permit for the new boulder walls. The approximately two-foot-tall boulder walls were replaced in a different location slightly further from the lake than the timber border. The boulder walls are an expansion of the existing condition in footprint, location, and height. The new boulder walls are 31 feet from the lake and 17 feet from the wetland where a 75-foot lake setback and a 25-foot wetland setback are required; g) The existing lake access stair is being replaced by a new stair 38 feet from the lake (this is a permitted improvement). h) The proposed driveway configuration has reverted back to the existing condition with a looped design. The walkway to the pool area has also been modified; and i) New hardcover expansions are proposed within the 75-foot setback including walkways, pool, and pool patio where no hardcover is permitted. 5. Planning Commission Vote and Comment. On August 21, the Planning Commission held a public hearing. Following the public hearing, the Planning Commission voted 5 – 0 on a motion for denial as applied. The Commission provided specific feedback regarding the location of the pool. The Commission felt that it was important that the pool meet the 75-foot setback from the main open water of Lake Minnetonka, which resulted in the amended plans. Please review the minutes from the discussion (attached as Exhibit D). 6. Public Comment. No comments from the public were received on this application. 7. Staff Recommendation. Staff Planning Staff recommends denial. COUNCIL ACTION REQUESTED Direct staff to draft a denial resolution for consideration at the October 9th meeting. Exhibits A. Proposed Amended Plans B. Hardcover Calculations C. Original Plans D. PC Minutes 08/21/2023 E. 60-day Extension F. PC Staff Report 08/21/2023 References PC Exhibits 08/21/2023 A. Application B. Practical Difficulties Documentation Form C. Existing Survey D. Proposed Survey E. Proposed Survey – Annotated by staff F. Proposed Plans and Elevations G. Submitted Hardcover Calculations H. Aerial Photos I. Site Photos J. Resolution No. 7013 and No. 7272 K. Aerial Photo Retaining Wall Comparison L. Property Owners List M. Map AGENDA ITEM Prepared By: mcc Reviewed By: LLO Approved By: AGENDA ITEM Prepared By: NAN Reviewed By: LLO Approved By: 1. Purpose. This application is regarding variances for average lakeshore setback, 75-foot lake setback, overall hardcover and hardcover within the 75-foot lake setback for the construction on a new deck. 2. MN§15.99 Application Deadline. The application was received August 15, 2023 and considered to be complete on September 5, 2023. Therefore the 60-Day review period expires on November 4, 2023. 3. Background/ Summary. The applicant is proposing to construct a new, 280 square foot deck on the property. The subject property is substandard in size and width for the LR-1A district with a total of 4,488 square feet when 2 acres is the minimum required. The property is considered a lake lot due to the OHWL being present on the property. There is no outdoor living space present on the property today. The existing home is within the 75-foot setback and was approved in 2005 with variances through Resolution 5222. The proposed deck would be located within the 75-foot setback, within the average lakeshore setback and brings the overall hardcover on the site from 27% to 35%. The applicant has listed the extremely small lot size and lack of outdoor space as practical difficulties. 4. Planning Commission Vote and Comment. On September 18, 2023, the Planning Commission held a public hearing. A member of the public spoke in favor of the request. The Commission reviewed the application and noted the proposed project is not out of character for the neighborhood and believed the property had practical difficulties due to the small lot size and unique placement near the lake. The Planning Commission discussed the size of the deck and questioned if the size was necessary and referenced the original 2005 approval. The Commission had a split vote recommended approval of the application as applied by a vote of 4 to 2. Video of the Planning Commission meeting is at available on the city website to refence the discussion. 5. Public Comment. The applicant has provided neighbor acknowledgment forms. 6. Staff Recommendation. Staff recommends denial of the application as applied. The original approval of variances for the home (Resolution 5222) specifically state that a deck was forgone from the design of the home in order to minimize the hardcover request. It went on to say that future hardcover increases would likely not be supported. The homeowner has reasonable use of the property with a single- family home. Staff recognizes the practical difficulties of the substandard site, but staff does not believe the requested deck size is necessary especially without any other reduction of hardcover on the site. COUNCIL ACTION REQUESTED Direct staff to draft a denial resolution. Exhibits A. Proposed Plans B. PC Staff Report 9/18/2023 Item No.: 15 Date: October 9, 2023 Item Description: LA23-000046, Rebecca Holzem, 3407 Eastlake Street, Variance Presenter: Natalie Nye Planner Agenda Section: Community Development Report AGENDA ITEM Prepared By: NAN Reviewed By: LLO Approved By: References PC Exhibits 9/18/2023 A. Application B. Practical Difficulties Form C. Proposed Survey D. Plans E. Hardcover Calculations F. Site Photos & Aerial G. Neighbor Acknowledgment Forms H. Resolution 5222 (original approval of house) I. Property Owners List and Map Council Exhibit A 14'-0' •·,,,·,c·••-•-••"'='.-,"'-'' Date Application Received: 08/15/2023 Date Application Considered as Complete: 09/05/2023 60-Day Review Period Expires: 11/04/2023 To: Chair Bollis and Planning Commission Members Adam Edwards, City Administrator From: Natalie Nye, Planner Date: September 18, 2023 Subject: LA23-000046, Rebecca Holzem, 3407 Eastlake Street, Variance, Public Hearing Background The subject property is substandard in size and width for the LR-1A zoning district. While the property does not directly front on Stubbs Bay, the OHWL extends onto the subject property and a creek runs along the southern edge of the property. The property is therefore subject to the 75-foot lake setback and average lakeshore setback. The home is almost entirely within the 75-foot setback as shown in Exhibit C. The applicant does not currently have a deck or patio and is proposing to construct a new 14-foot by 20-foot, 280 square foot, deck on the south side of the home. The proposed deck would encroach into the average lakeshore setback and entirely be within the 75-foot setback. The proposed deck is approximately 31 feet from the OHWL and creek. The proposed deck addition would increase hardcover on the property from 27.63% to 35.07% when 25% is permitted. The existing home on the property received variances in 2005 in order to be constructed within the 75-foot lake setback. As part of that approval, from 2005, the Resolution 5222 identifies a condition that any future request to increase hardcover will not likely be approved without a current reduction in hardcover. Practical Difficulties Analysis Applicant Submittal Information: The applicant has identified the extremely substandard lot size and width as practical difficulties. The property also must adhere to lake setbacks due to the proximity of the OHWL and creek tributary. The subject property has no exterior living space and currently does not have a patio or deck to enjoy the yard. The applicant states they have proposed a deck that is comparable in size to neighboring properties’ outdoor living spaces. The commission should ask the applicant for additional testimony identifying additional practical difficulties supporting the deck request. Planning Staff Practical Difficulty Analysis: Staff finds that there are practical difficulties in the size and width of the lot. The subject property is substandard in size and width. The LR-1A Application Summary: The applicant is requesting variances for average lakeshore setback, 75- foot lake setback, overall hardcover and hardcover within the 75-foot lake setback to construct a new deck. Staff Recommendation: Planning Department Staff recommends denial of the variance as applied. LA23-000046 September 18, 2023 Page 2 of 5 Zoning District requires a 2-acre minimum and a minimum width of 200 feet. The subject property is 4,488 square feet (0.1 acres) in size and 44 feet wide. The small lot size coupled with the required setbacks eliminates any compliant buildable area. The subject property does not have any outdoor living space and therefore it is a reasonable request to have a small outdoor deck. However, the deck encroaches into the average lakeshore setback and a redesign could eliminate this variance request. Additionally, the property received variances in 2005 for the construction of the home and the resolution approving those variances (Exhibit H) explicitly state that the homeowner chose to forego a deck in order to minimize hardcover. The resolution goes on to state that any future requests to increase hardcover would likely not be approved without some reduction in hardcover. The applicant has not proposed to eliminate any hardcover on the site, only add to the overall hardcover bringing to total hardcover on the site to 35%. Staff is not supportive of the proposal as applied, however would be amendable to a redesign outside of the average lakeshore setback line and with some reduction of hardcover. LOT ANALYSIS WORKSHEET Section 78-350– Setbacks: DISTRICT LR-1A Required Existing Proposed Rear (Street) 50’ 15’ 15’ Side (East) 10’ 10’ 10’ Side (West) 10’ 10’ 10’ Lakeshore* 75’ 41’ (house) 31’ (deck) Average Lakeshore The proposed deck encroaches by approximately 8’ *The home must adhere to the lake setback due to the creek and OHWL of Lake Minnetonka that is present on the property. Section 78-350 – Lot Area/Width: DISTRICT LR-1B Lot Area Lot Width Required 87,120 s.f. (2.0 acres) 200’ Actual 4,488 (0.1 acre) 44’ @ 75’ / 44’ @ OHWL Section 78-1680 and 78-1700 – Hardcover Calculations: Stormwater Overlay District Tier Total Area Allowed Hardcover Existing Hardcover Proposed Hardcover Tier 1 4,488 s.f. 1,122 s.f. (25 %) 1,240 s.f. (27.63%) 1,574 s.f. (35.07%) Applicable Regulations: Average Lakeshore & 75-foot Lakeshore Setback Variances (Section 78-1279) Most of the existing home is within the 75-foot lake setback. The current home was approved by variances in 2005 due to its extremely small lot size and not having a compliant buildable area. The proposed deck is situated on the south side of the home and will create a new encroachment into the 75-foot lake setback and will also extend into the average lakeshore setback. The home currently complies with the average lakeshore setback, but the new deck would extend approximately 8 feet past the average lakeshore setback line. LA23-000046 September 18, 2023 Page 3 of 5 Hardcover Variance (Section 78-1700 and 78-1680) The property is approximately 0.1 acres in a 2.0-acre zoning district. The maximum allowable hardcover is 1,122 square feet. The property received a hardcover variance in 2005 in order to construct the home, driveway and walkway. The current property is at approximately 27.63% hardcover when 25% is the maximum. The resolution approving the 2005 variance explicitly stated that the homeowner was foregoing a deck in order to minimize the hardcover request and that further hardcover expansion would not be supported. The proposed deck expansion increases hardcover by approximate 334 square feet (deck, stairs, and landing) brining the percentage of hardcover up to 35% for the lot. 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 variance is not in harmony with the purpose of the Ordinance. The proposed deck is within the 75-foot lake setback and creates a new encroachment into the average lakeshore setback. The increase in hardcover is also not supported by the Ordinance. This criterion is not met. 2. The variance is consistent with the comprehensive plan. The proposed variance is not consistent with the comprehensive plan. The comprehensive plan emphasizes the protection of natural resources including our natural waterways. The proposal creates new encroachments in the 75-foot lake setback and increases hardcover. 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 a new deck is not supported by practical difficulties and therefore is not a reasonable use of the property. This criterion is not met. b. There are circumstances unique to the property not created by the landowner; The lot size and width have not been created by the current homeowner. c. The variance will not alter the essential character of the locality. The variance in order to construct a new deck would not likely impact the character of the area. LA23-000046 September 18, 2023 Page 4 of 5 The proposed deck is minimal and not intrusive and would have little impact on neighboring properties. 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 single-family residence 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 special conditions of the property include the substandard lot size and width. The subject properties size is unique to the zoning district and larger area. 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 subject property is unique in its small size, width and proximity to the OHWL and creek which prevent the property from having a compliant building envelope. This criterion is not 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 any outdoor living space. The construction of the deck would allow the homeowner to fully enjoy the property. 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 variances would be contrary to the intent of the zoning chapter due to the increase in hardcover and further encroachment into the 75-foot setback and 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 property does not have any outdoor living space and therefore the request is not simply to serve as a convenience to the applicant. However, minor modifications could lessen the hardcover impact and remove the encroachment into the average lakeshore 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. Engineer Comments The City Engineer has not reviewed the proposed plan. A thorough review will be conducted at the time of building permit. LA23-000046 September 18, 2023 Page 5 of 5 Public Comments The applicant has provided neighbor acknowledgment forms from the abutting neighbors. 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 official control? 2. Does the Commission find the increase in hardcover necessary ? 3. The Commission should discuss if the property owner has reasonable use of the property. 4. Are there any other issues or concerns with this application? Planning Staff Recommendation Planning staff recommends denial of application as applied due to the increase in hardcover and further encroachment into the 75-foot setback and new encroachment into the average lakeshore setback. The previously approved variances for the house explicitly state that further hardcover expansion would not be supported and that a deck was contemplated and not included as part of the original proposal in order to minimize the hardcover request. List of Exhibits Exhibit A. Application Exhibit B. Practical Difficulties Documentation Form Exhibit C. Proposed Survey Exhibit D. Plans Exhibit E. Hardcover Calculations Exhibit F. Site Photos & Aerial Exhibit G. Neighbor Acknowledgment Forms Exhibit H. Resolution 5222 (original approval of house) Exhibit I. Property Owners List and Map AGENDA ITEM Prepared By: mcc Reviewed By: LLO Approved By: 1. Purpose. This application is regarding an after-the-fact average lakeshore setback variance for a home under construction. 2. MN§15.99 Application Deadline. The application was received on August 23, 2023 and considered to be complete on September 7th. Therefore the 60-Day review period expires on November 6, 2023. 3. Background/ Summary. The home at 3001 Casco Point Road (CPR) is under construction. 3001 and 3005 Casco Point Road (CPR) are currently being redeveloped by Stonewood. It was their intent to submit for the building permit to construct 3001 CPR before 3005 CPR in order to situate the home at 3001 CPR in its current placement, which would have been permitted. However, due to a submittal timing error for the permits for the two properties, as well as an inconsistency between the construction plans and the survey, a roofed, lake side porch was constructed lakeward of the average lakeshore setback. A non- roofed patio is permitted in the current location. Had the permit for 3001 CPR been submitted before 3005 CPR, the placement of the 3001 CPR home would have had to match the setback of the Goodwin home (2975 CPR). The Goodwin home is situated approximately 136 feet from the lake; the home at 3001 CPR is approximately 140 feet from the OHWL; the roofed porch is set at approximately 137 feet from the OHWL. Because of the submittal timing mix- up, the required setback at the time of the home construction at 3001 CPR instead was determined by a projected line from 3005 CPR to the Goodwin home on the north at 2975 CPR. The average lakeshore setback line was not depicted on the survey; however, staff extrapolated the average lakeshore setback line by using the survey for 3005 CPR and the existing location of the Goodwin home for the permit issuance. The survey has since been updated to show the average lakeshore setback line based on the location of the neighboring homes (Exhibit B). According to the updated survey, the lake-most corner of the home on the Goodwin side encroaches 2-feet into the average lakeshore setback; the roofed porch encroaches six feet lakeward of the setback line. 4. Planning Commission Vote and Comment. On September 18th, the Planning Commission held a public hearing. The Commission noted the large lake setbacks of the homes in this area and discussed the encroachment. The Commission found that the building encroachment would not impact the neighboring views. Following the public hearing, the Planning Commission voted 6 to 0 in favor of a motion for approval of the requested after-the-fact variance. The draft minutes are not yet available at the time of this writing. The meeting discussion from the September 18th meeting can be viewed on the City’s website. 5. Public Comment. Comments from the immediate neighbors in support of the variance were received and are attached as Exhibit D. 6. Staff Recommendation. Staff Planning Staff recommends approval of the after-the-fact variance. Item No.: 16 Date: October 9, 2023 Item Description: LA23-000049, Stonewood o/b/o Michael Gorman, 3001 Casco Point Road, Average Lakeshore Setback Variance (After-the-Fact) – Resolution No. 7411 Presenter: Melanie Curtis Planner Agenda Section: Community Development Report AGENDA ITEM Prepared By: mcc Reviewed By: LLO Approved By: COUNCIL ACTION REQUESTED Move to adopt Resolution No. 7411 attached as Exhibit A. Exhibits A. Proposed Resolution No. 7411 B. Updated Survey C. Original Variance Information D. Public Comment E. PC Staff Report 09/18/2023 References PC Exhibits 09/18/2023 A. Application & Narrative B. Practical Difficulties Documentation Form C. Annotated Building Permit Survey D. Updated Survey E. Plans and Elevations F. Resolution No. 7284 G. Public Comment H. City Code 78-1279 I. Property Owners List J. Plat Map CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7411 1 A RESOLUTION APPROVING AN AFTER-THE-FACT VARIANCE FROM MUNICIPAL ZONING CODE SECTION 78-1279 FILE NO. LA23-000049 WHEREAS, on August 23, 2023, Sven Gustafson of Stonewood (hereinafter the “Applicant”), applied for an after-the-fact variance from the City Code for the property addressed 3001 Casco Point Road and legally described as: Lot 1 and that port of Lot 2, Block 1, HARTZELL ADDITION which lies northerly of the following described line and it's extensions: Commencing at the most easterly corner of said Lot 2; thence northwesterly 34.03 feet along the northeasterly line of said Lot 2 being o curve having a radius of 725.00 feet; thence North 46 degrees 43 minutes West tangent to last described curve and along said northeasterly line of Lot 2 a distance of 2.50 feet to the point of beginning of said line; thence South 64 degrees 04 minutes 01 seconds West to the shore of Lake Minnetonka and said line there ending, Hennepin County, Minnesota (hereinafter the “Property”); WHEREAS, the Applicant has made application to the City of Orono for an after-the-fact variance to Orono Municipal Zoning Code Section 78-1279 to allow a six-foot encroachment of the home and roofed porch lakeward of the average lakeshore setback line; and WHEREAS, on September 18, 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 September 18, 2023, the Planning Commission recommended approval of the variance; and WHEREAS, on October 9, 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 after-the-fact variance as described above based on one or more of the following findings of fact concerning the Property: CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7411 2 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-1C Zoning District. A3. The Property is within Tier 1 and hardcover is limited to 25% according to the Stormwater Quality Overlay District. A4. Applicant has applied for the following variance: a. Average Lakeshore Setback Variance A5. 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 property includes difficulties in the depth and orientation of the shoreline. The requested average lakeshore setback variance will not result in blocking views of the lake for the neighboring properties. The proposed variance is in harmony with the purpose of the Ordinance. B2. “Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan.” The home is situated approximately 140 feet from the lake, and the roofed porch is approximately 137 feet from the lake. The encroachments will not disrupt lake views from neighboring homes; the proposed variance 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 portion of the home and roofed porch in the proposed location CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7411 3 up to six feet lakeward of the average lakeshore setback does not appear to be unreasonable considering the lake views from neighboring homes are not impacted. This criterion is met. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The intent of the property owner was to submit a conforming plan. The application errors were not intentional; however, accuracy of submitted permit information is the Applicant’s responsibility; and c. The variance, if granted, will not alter the essential character of the locality.” The variance will not alter 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 residential improvements are an allowed use in the LR-1C 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 depth of the lots, shape of the shoreline, and the setback from the lake of the adjacent homes creates difficulties. The majority of the home is completed and removing the encroachment is not a simple endeavor as the porch roof structure is integral to the structure of the overall roof and cannot be simply removed. B9. “The conditions do not apply generally to other land or structures in the district in which the land is located.” The Property’s shoreline orientation, depth of the lots, and the relationship between the existing home and the setback of the adjacent homes create difficulties for the owners. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7411 4 B10. “The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.” Removal of the encroachment will result in a significant impact to the owners. 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 the requested variance in this unique situation is not contrary to the intent of the zoning chapter. B12. “The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty.” Removing the encroachment will result in significant impacts to the existing home likely requiring a significant structural redesign, according to the builder; therefore, the requested variance is necessary and would not serve as a convenience to the applicant. 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 78-1279 to allow a six-foot encroachment of the home and roofed porch lakeward of the average lakeshore setback line, 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 dated 09/20/2023 by Gronberg and Associates submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibit A. C3. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. 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 (October 9, 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. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7411 5 ADOPTED by the Orono City Council on this 9th day of October, 2023. CITY OF ORONO: ________________________________ Dennis Walsh, Mayor ATTEST: _______________________________ Anna Carlson, City Clerk 6.006ftft140.55ftft137.18ft 139'- 5 1/ 2" 136'- 3 3/ 4" 136'- 3 3/ 4" 136'- 3 3/ 4" 136'- 3 3/ 4" Average Setback if 3001 permitted before 3005 Setback resulting from 3005 being permitted before 3001 (Per Melanie Curtis) File #:22-001790 Permit #:RPS22-000183 Address:3001 Casco Point RD Orono MN 55391 Description:New Construction Single Family Structure Document:Stonewood 3001 (2987) Casco Pt Rd 1-3-23.pdf 1.1 G. Comment, Adam Edwards Comment: Drainage: Special care will need to be exercised in creating the drainage pattern on the sides of the property to ensure that runoff is not directed onto the neighboring properties. Comment: SWPPP - Stockpile: Any soil or dirt storage piles containing more than ten cubic yards of material should not be located within 25-teet from a roadway or drainage channel. If remaining for more than 14 days, they shall be stabilized by mulching vegetative cover, tarps or other means and enclosed with down gradient perimeter sediment controls. Piles which will be in existence for less than 14 days shall be enclosed with perimeter sediment controls. Comment: SWPPP: The site must have a construction entrance (per city standard detail) that must be provided and maintained. Comment: SWPPP - Sediment/Erosion Control: Perimeter sediment control measures should be installed by the contractor and inspected by the City prior to any work, including demolition. The contractor must provide a minimum 24-hour notice prior to inspection. Comment: SWPPP - Street Cleaning: Streets shall be cleaned and swept within 24-hours whenever tracking of sediments or soils occurs and before the site is left idle for weekends and holidays. Comment: Adjacent roadway, curbing and drainage structures must be protected. Comment: City Utilities: A separate utility permit will be required for the sewer and water connections. Comment: Please coordinate with Orono Public Works prior to excavating with in the right of way. Conatac DJ Goman 952-249-4661 , 2.2 line Melanie Curtis Comment: Separate permit required for the boathouse. SHEETA2952-544-384418318 Minnetonka BlvdDeephaven, MN 55391Copyright 2022612-462-4000153 East Lake StreetWayzata, MN 55391WATERTOWERPLACERESIDENCE2987 CASCO POINT ROADORONO, MNPERMIT SET13 DECEMBER 20221041021051038'-0"2'-8"8'-0"2'-8"REF. W/ ICE114115106T1061081071098'-0"2'-8"8'-0"16'-0"8'-0"16'-0"113124127125126111112110AT0038'-0"2'-8"8'-0"4'-6"8'-0"2'-6"8'-0"4'-0"8'-0"2'-8"8'-0"4'-0"8'-0"2'-8"8'-0"2'-8"8'-0"5'-0"8'-0"3'-0"1178'-0"2'-6"8'-0"2'-6"8'-0"3'-6"119120118AT0041221231018'-0"2'-6"8'-0"5'-0"100T1001218'-0"2'-6"8'-0"3'-6"8'-0"2'-6"1168'-0"3'-6"8'-0"2'-6"8'-0"3'-6"8'-0"3'-6"GAS FIRE TABLEPROVIDED BY OTHERDECKING ON SLEEPERS & SLAB4'-9" 9'-0" 8'-0"5'-6" 19'-6"44'-0"27'-0"16'-0"28'-0"96'-0"7'-0"33'-0"4'-8" 3'-4"20'-2"7'-0"41'-0"35'-0"9'-0" 16'-0"9'-0"3'-6" 2'-0"21'-9" 15'-9"29'-0"66'-6"5'-6"9'-0"25'-0"44'-0"17'-0" 10'-0"2'-6" 14'-6"96'-0"83'-0"2'-0"5'-6" 16'-0" 5'-6"40'-0"1'-6"1'-6"1'-6"1'-6"1'-8"1'-8"1'-8"1'-8"1'-8"1'-8"1'-8"1'-8"1'-8"1'-8"1'-8"1'-8"2'-5"1'-5"1'-3"2'-7"1'-1"3'-8"4'-0"4'-0"5A75A71A53A73A71A62A63A54A52A52A82A83A64A62A74A71A7HIDDEN(PANELED)ENAMELED WHITEPANELING & MANTLE W/SLAB STONE SURROUNDACTIVE8x8 BEAMS (TYPICAL)7x6 BEAMS (TYPICAL)8x7 BEAMS (TYPICAL)8x10 BEAMS (TYPICAL)UNITHEATERINFLOOR HEAT LOCATED AT M.L. HOUSE ONLYClearlight3 PERSONIR SAUNATILE SHOWERw/GLASS DR& TRENCHDRAINNO STEAMOFFICEOFFICE/DENLAKEBATHLAKEHALLDININGKITCHENFAMILYROOMFOYERSCULLERY PANTRYMUDROOMPOWDEROWNER'S BEDROOMO. WALK-INO. BATHO. W.C.COVERED ENTRYGARAGEGARDEN ROOMBENCHSHELVESSHELVESSHELVESUP20RDN19RDROPZONERDS RDS RDSLAKE PORCHNORTH PATIOTRENCH DRAINF.D.ARTBENCHFURNITUREDNDNDNSMOKERTVCLG. FAN CLG. FANRET. DR.SOUTH PATIOCOATSSTONE PAVERS ON SLABSTONE PAVERS ON SLABWINDOWWELL BELOWWINDOWWELL BELOWHALLROFIXEDPRIMARYDN18RBENCHCLG 10'-11"WOODWAINSCOTPANELING PAINTEDWC ABOVE PTDBEAMS WITHCROWNWAINSCOTPANELINGPAINTED, WC ABOVEPTD CROWNCARPETCROWN WITH BEAMS48" WAINSCOTCLG 11'-0"WOODWAINSCOTPANELING PAINTEDTRAY VAULT CEILINGWOODWAINSCOTPANELING PAINTED,WC ABOVE, PTDCROWNTRENCH DRAINTRENCH DRAINTRENCH DRAINHIGH LEVELCAR CHARGERPRINTER/SHREDDERCARPETWOODWOODPAINTED CABINETSCLG SHIPLAP (MATCH G.ROOM)A |MFR. ROOF TRUSSES24" O.C.12" MFR. TRUSSES19.2" O.C. TYP22" MFR. TRUSSES19.2" O.C. TYP22" MFR. TRUSSES19.2" O.C. TYPCLG9'-6"WOODWOODWOODWOODWOODWOODWOODTILETILETILEWOODSTONE PAVERS ON SLABSTONE PAVERS ON SLABH.B.H.B.H.B.C.O.C.O.C.O.C.O.C.O.C.O.C.O.MFR. ROOF TRUSSES24" O.C.MFR. ROOF TRUSSES24" O.C.22" MFR. TRUSSES19.2" O.C. TYPMFR. ROOF TRUSSES24" O.C.MFR. ROOF TRUSSES24" O.C.MFR. ROOF TRUSSES24" O.C.CANTILEVERED TRUSS EDGE ABOVECANTILEVERED TRUSS EDGE ABOVECANTILEVERED TRUSS EDGE ABOVECANTILEVERED TRUSS EDGE ABOVEMFR. ROOF TRUSSES24" O.C.22" MFR. TRUSSES19.2" O.C. TYPMFR. ROOF TRUSSES24" O.C.22" MFR. TRUSSES19.2" O.C. TYPMFR. ROOF TRUSSES24" O.C.FLOORTRUSS EDGE ABOVEMFR. ROOF TRUSSES24" O.C.MFR. ROOF TRUSSES24" O.C.O.B. ANTEWOODO. SHWR.O/D ANTEWOODPRIMARY DN2RDN1RDN1RDN1RDN1RDN1R22" MFR. TRUSSES19.2" O.C. TYP22" MFR. TRUSSES19.2" O.C. TYP22" MFR. TRUSSES19.2" O.C. TYP22" MFR.TRUSSES19.2" O.C.TYP22" MFR.TRUSSES19.2" O.C.TYPTV30"REF.30"FRZR.12' 14' 16'GRAPHIC SCALE4'0' 2' 6' 8' 10'1'-8"8 3/4"1A81A89'-6"6'-8"(3) 2x6 BRG(4) 2x6 BRG(4) 2x6 BRG(4) 2x6 BRGPSL BRG6x6 POSTPSL BRG(4) 2x6 BRGPSL BRG(4) 2x6 BRGPSL BRGPSL BRGTYP CEILING HEIGHT = 10'-1⅛" + EXTRA BTM PLATE FOR HEATAPPROX. SF = 3,433 FINISHED + 1,208 GARAGE + 655 BACK PORCH+ 306 COVERED ENTRY + 137BACK PATIOS + 105 SIDE ENTRYMAINLEVEL FLOOR PLANTC42GAS FPLCWASHERDRYERLAUNDRYBINSCOOKTOPFLUSHIRHTRPORTABLEGAS GRILLW/ HOOD VENTSTAIRSSTEAMOVEROVENOVERWARMDWR.COVEREDSIDEENTRYCENTORCOATSCENTORIRHTRIRHTRDWLINENCOUNTERLINENWINE &BEV. REF.MICROREF. DWRSPEDESTALPEDESTALVAC.B.I.B.I.GLASS TRANSOMSGLASS TRANSOMSGLASS TRANSOMSGLASS TRANSOMSPANELED OPENINGOAK TREADPAINTED RISERS, PT-WOOD RAILING &PARTSWOODPAINTED COFFERED "SUMMERS" BEAMS W/CROWN OPT. SHIP-LAP CEILINGBI10'-4" 10/12CLG CLIPPOCKET2x62x82x62x62x62x62x62x62x62x62x62x62x62x62x62x62x62x6POCKET POCKETPOCKETPOCKETACACVERIFY SIZING AND # OF UNITS2x6GARAGESTAIR10'-1 1/8" 10/12CLG CLIP9'-6" DROPPED SOFFIT9'-8" DROPPED SOFFIT10'-5" DROPPED SOFFIT10'-5" DROPPED SOFFIT9'-4" DROPPED SOFFIT10'-1 1/8" DROPPED SOFFIT2x102x82x102x8 2x8TC36GAS FPLCFLUSHGIRDER TRUSSLVL HDRGIRDER TRUSSGIRDER TRUSSLVL HDR2x HDRLVL HDRLVL BEAM2x HDRGIRDER TRUSSDROPPED LVL BEAM8' CLG9' CLG9' CLG9' CLGW12FLUSH STEEL BEAMMFR. ROOFTRUSSES24" O.C.W10 FLUSH STEEL BEAMW8 FLUSH STEEL BEAMFLUSH LVL BEAMFLUSH LVL BEAMFLUSH LVL BEAMMFR. ROOFTRUSSES24" O.C.LVL HEADERCLIPPED-FLUSH & UPSET LVL BEAMW10FLUSH STEEL BEAMCLIPPED-FLUSH & UPSET LVL BEAMGIRDER TRUSSCLIPPED FLUSH LVL BEAMLVLHEADERFLUSH LVL BEAMFLUSH LVL BEAMMFR. ROOFTRUSSES24" O.C.DROPPED 2x BEAMDROPPED LVL BEAM9' CLGDROPPEDLVL BEAMUPSET LVL HEADERLVL HEADERLVL HEADERLVL HEADERGIRDER TRUSSGIRDER TRUSSLVL HEADERLVL HEADERLVL HEADERLVL HEADERLVL HEADERGIRDER TRUSSGIRDER TRUSSFLUSH LVL BEAMFLUSH LVL BEAMMFR. ROOFTRUSSES24" O.C.MFR. ROOFTRUSSES24" O.C.MFR. ROOFTRUSSES24" O.C.10'-4" 10/12CLG CLIPMAIN LEVEL WINDOW & GLASS DOOR SCHEDULEMARK100100T101102103104105106106T107108109110111112113114115116117118119120121122123124125126127AT003AT004UNITCALL NUMBER QTY11111111111111111111111111111111UNIT SIZE9'-1 1/2"×8'-2"9'-1 1/2"×1'-9 1/4"3'-1 1/2"×8'-2"9'-10 5/8"×6'-7 1/2"5'-11"×8'-2"9'-10 1/2"×6'-7 1/2"3'-1 1/2"×8'-2"9'-1 1/2"×8'-2"9'-1 1/2"×1'-9 1/4"5'-9"×5'-11 1/8"2'-4"×4'-11 1/8"2'-9 1/2"×8'-2"2'-8"×6'-5 1/2"2'-8"×6'-5 1/2"2'-8"×6'-5 1/2"6'-0"×5'-11 1/8"8'-0"×4'-10 5/8"8'-0"×4'-11 1/8"8'-5"×9'-6"2'-8"×4'-11 1/8"2'-8"×6'-5 1/2"2'-8"×6'-5 1/2"2'-8"×6'-5 1/2"5'-9"×5'-11 1/8"2'-8"×5'-11 1/8"2'-8"×5'-11 1/8"5'-9"×5'-11 1/8"2'-8"×3'-11 1/2"2'-8"×5'-11 1/8"5'-9"×5'-11 1/8"1'-11"×1'-11 1/2"1'-11"×1'-11 1/2"HEADERHEIGHT8'-2 1/2"10'-0 1/4"8'-4 1/2"8'-4 1/2"8'-4 1/2"8'-4 1/2"8'-4 1/2"8'-2 1/2"10'-0 1/4"8'-4 1/2"8'-4 1/2"8'-4 1/2"8'-10 1/2"8'-10 1/2"8'-10 1/2"8'-4 1/2"8'-4 1/2"8'-4"9'-8"8'-4 1/2"8'-10 1/2"8'-10 1/2"8'-10 1/2"8'-4 1/2"8'-4 1/2"8'-4 1/2"8'-4 1/2"8'-4 1/2"8'-4 1/2"8'-4 1/2"13'-11"15'-5"REMARKSDOUBLE IN-SWING DOOR w/SIDELIGHT3w, IN-SASH FIXED TRANSOMSWING DOOR4w DOUBLE HUNGDOUBLE IN-SWING DOOR4w DOUBLE HUNGSWING DOORDOUBLE IN-SWING DOOR w/SIDELIGHT3w, IN-SASH FIXED TRANSOM2w DOUBLE HUNGCASEMENTSWING DOORDOUBLE HUNGDOUBLE HUNGDOUBLE HUNG2w CASEMENTG3w (2 CASEMENT, 1 IN-SASH FIXED)3w IN-SASH FIXED36" SWING DOOR w/ SIDELIGHTS +20" TRANSOMIN-SASH FIXEDDOUBLE HUNGDOUBLE HUNGDOUBLE HUNG2w DOUBLE HUNGDOUBLE HUNGDOUBLE HUNG2w DOUBLE HUNGCASEMENTDOUBLE HUNG2w DOUBLE HUNGFIXED ATTIC WINDOWFIXED ATTIC WINDOWWINDOW AND FULL VIEW DOOR:(SEE SPEC FOR ADDT'L INFO.)MFR: MARVINCOLOR: WHITESIGNATURE NARROW FRAME WINDOWS:CLAD/WOOD, 6-9/16" PINE JAMBS, BAREWOOD INTERIOR, 1⅛"OGEE SDLw/BLACK SPACER BAR, WHITEHARDWARE, LOW-E 366, HIGHTRANSPARANCY SCREENSSIGNATURE DOORS:METAL CLAD/WOOD, 6-9/16" PINEJAMBS, BARE WOOD INTERIOR, 1⅛"OGEE SDL w/BLACK SPACER BAR, MULTI-POINT HARDWARE, ADJUSTABLE BRONZEHINGES, LOW-E 366, BRONZE SILL &BLACK WEATHERSTRIPPING, NO SCREENSFLOORING MATERIAL NOTE: PATTERNS ON FLOOR PLANS ARE REPRESENTATIONONLY, EXACT LAYOUT AND PATTERN TO BE DETERMINEDTRUSS MFR. NOTE:TYPICAL FLOOR TRUSSES:LIVE LOAD 40 LBS/S.F.DEAD LOAD 20 LBS/S.F.DEFLECTION LIVE LOAD L/480DEFLECTION TOTAL LOAD L/360CONTRACTOR NOTE:ALL TRADES ARE FULLY RESPONSIBLE FOR THE SPECIFIC DIMENSIONS,ENGINEERING AND STORAGE OF THEIR MATERIAL. TRADES MUST COORDINATEWITH GENERAL CONTRACTOR TO VERIFY THAT THEIR MATERIALS WILL COMPLYWITH THIS LAYOUT. GENERAL CONTRACTOR AND OWNER'S REPRESENTATIVEMUST APPROVE OF ALL VARIATIONS FROM THIS LAYOUT PRIOR TOCONSTRUCTION. IF DURING CONSTRUCTION IT IS DISCOVERED THAT ANY PRIORTRADES HAVE DONE WORK THAT DOESN'T CONFORM TO THIS LAYOUT, WORKMUST NOT CONTINUE UNTIL GENERAL CONTRACTOR OR OWNER'SREPRESENTATIVE HAS APPROVED THE DISCREPANCY.THESES DOCUMENTS HAVE BEEN CREATED IN GOOD FAITH AND ARE THOUGHTTO BE ACCURATE AND RELIABLE. EVERY ATTEMPT HAS BEEN MADE TO PROVIDEINFORMATION AND DOCUMENTATION THAT MEETS OR EXCEEDS INDUSTRYSTANDARDS AND BUILDING CODES AT THE TIME OF THEIR CREATION. HOWEVER,ESKUCHE DESIGN MAKES NO WARRANTY OR GUARANTEE EXPRESSED OR IMPLIEDOF THEIR CURRENT CONFORMITY AND FURTHERMORE, ANY DEVIATION FROMTHESE DOCUMENTS RELEASES ESKUCHE DESIGN FROM ANY AND ALL LIABILITYGENERAL NOTES:EXTERIOR WALL W/ STUDS @ 16" O.C. W/ 1/2" SHEATHINGAT EXTERIOR & 1/2" GYP. BOARD AT INTERIORINTERIOR BEARING WALL W/ STUDS @ 16" O.C. W/ HORIZONTALBLOCKING BETWEEN STUDS & 1/2" GYP. BOARD BOTH SIDESINTERIOR WALL W/ STUDS @ 16" O.C. & 1/2" GYP. BOARDBOTH SIDES2X4 FUR WALL W/ STUDS @ 19.2" O.C. & 1/2" AIR SPACEBETWEEN FND. WALL & STUDS W/ 1/2" GYP. BOARD ONE SIDE-BEAMS ARE BOTTOM FLUSH UNLESS INDICATED AS "DROPPED"-DIMENSIONS AT INTERIOR ARE CENTER TO CENTER INCLUDING 1/2" GYP. BD.EA. SIDE OF STUD (UNLESS NOTED F.F. FINISH TO FINISH)-DIMENSIONS AT EXTERIOR ARE TO FACE OF FRAMING-INTERIOR CEILING HEIGHTS INDICATED ON PLAN ARE APPROXIMATESEE SECTIONS FOR EXACT HEIGHTS-REFER TO SHEETS PROVIDED BY STRUCTURAL ENGINEER FOR ADDITIONALNOTES & DETAILS-INTERIOR DOORS TO BE FRAMED 3" FROM INSIDE CORNER UNLESSDIMENSIONED OTHERWISE.INSULATED WALLS IN ADDITION TO TYPICAL(EXTERIOR WALLS & PLUMBING WALLS)FLOOR TRUSSES AT TILE AREAS:LIVE LOAD 40 LBS/S.F.DEAD LOAD 25 LBS/S.F.DEFLECTION TOTAL LOAD L/600DROP TOP CHORD 1½" AT TILE AREASSee Engineering20 min doorPer MNF&G 505.4 Hoods exhausting inexcess of 400cfm must provide heatedmakeup air at a rate approx equal to exhaustair rateProvide draft stopping between storiesdivided into approx. equal spaces whichshall not exceed 1000 sq ft.Provide fire blocking vertically at ceilingsand floors, and horizontally at intervalsnot exceeding 10'.Tempered windowrequiredTempered windows requiredDrain to daylight.Mechanical Ventilation RequiredBuilt in Gas Grill and gas firetable must comply withmanufacturer's installationinstructions for clearance tocombustible materials. 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ALLOWEDEQEQCONTINUOUS RIDGE VENT TYPICALASPHALT SHINGLE ROOF TYPICAL1x3 COMPOSITE TRIM ON1x8 COMPOSITE RAKE/EAVESQUARE CUT FASCIA TYPICAL6" HALF ROUND GUTTERSw/ BRACKETS @ 4' O.C.+4" ROUND DOWNSPOUTSw/ BRACKETS @ 4' O.C. TYPICAL1x6 PICTURE FRAMED, PADDEDCOMPOSITE TRIM w/ ½"x3" CAPOVER 5" COVE MOLDING TYPICALCOMPOSITE SHAKE SIDING TYPICAL1x6 PICTURE FRAMED, PADDEDCOMPOSITE TRIM TYPICAL13" WIDE x 11" TALL x XX" LONGPLANTER BOX TYPICAL12" SQUARE BOXED COLUMNw/ 1x8 SHOE TRIM+ 4¾" COVE MODLING ON1x3 CAP TRIM TYPICAL12x16 BOXED SOFFITRECESSED TRIM DETAIL TYPICALLOWEST EXISTINGGRADE 946'REFERENCE LINE(10' ABOVE LOWEST)HIGHEST EXISTINGGRADE 952'ROOF DEFINED(MIDPOINT OF HIGHEST ROOF)M.L. SUBFLOOR 954.0'±0"U.L. SUBFLOOR+12'-1 3/8"U.L. CEILING+21'-2 1/2"M.L. SUBFLOOR 954.0'±0"U.L. SUBFLOOR+12'-1 3/8"U.L. CEILING+21'-2 1/2"E TRIM +TEL TRIM,AP OVERTYPICAL12x14 BOXED SOFFIT12" SQUARE BOXED COLUMNw/ 1x10 SHOE TRIM+ 1x6CAP TRIM TYPICALSWOOPED ROOF DETAIL18" TALL MANUFACTUREDCOPPER CHIMNEYCAPS TYPCIAL12' 14' 16'GRAPHIC SCALE4'0' 2' 6' 8' 10'1EAST ELEVATION2NORTH O. ELEVATION3SOUTH GARAGE ELEVATION4NORTH ELEVATIONView from the Goodwins' property From:Neil Goodwin To:Melanie Curtis Cc:Gustafson, Sven; Michael Gorman; Barbara Goodwin Subject:3001 Casco Pt Rd Variance, LA23-00049 Date:Wednesday, September 13, 2023 8:30:06 PM Melanie, After consideration we offer our support of variance LA-00049 to allow the existing structure at 3001 Casco Pt Rd (Gorman house) to extend approximately 8' beyond the setback line towards the lake. Sincerely, Neil & Barbara Goodwin 612-801-6303 From:Michael Gorman To:Melanie Curtis Subject:Fwd: Gorman Variance Request Date:Thursday, September 14, 2023 8:32:43 AM Heim letter of support > >>> On Sep 13, 2023, at 5:08 PM, Chris Heim <chris@2ndwavesoftware.com> wrote: >>> >> >> I am fully in support of the Gorman Variance Request regarding average lakeshore setback. This is very consistent with the neighborhood. >> >> Chris and Kim Heim >> 3005 Casco Point Road >> (612) 965-1901 Date Application Received: 08/23/2023 Date Application Considered as Complete: 09/07/2023 60-Day Review Period Expires: 11/06/2023 To: Chair Bollis and Planning Commission Members Adam Edwards, City Administrator From: Melanie Curtis, Planner mcc Date: 18 September 2023 Subject: #LA23-000049, Stonewood o/b/o Michael Gorman, 3001 Casco Point Road, Average Lakeshore Setback Variance (After-the-Fact) Public Hearing Background 3001 Casco Point Road and 3005 Casco Point Road (CPR) are being redeveloped by the same builder, Stonewood. It was their plan to build both new homes nearly simultaneously. Prior to construction, the applicant completed an action to combine the then existing three lots into two (which is the current configuration). In 2022 via Resolution No. 7284 (Exhibit F), the City granted variances for the placement of the neighboring home at 3005 CPR lakeward of the average lakeshore setback. The average lakeshore setback would have been based on the setback of the home to the south at 3015 CPR (because 3001 CPR would be vacant at the time of construction). Applying the setback of 3015 CPR to 3005 would have resulted in moving the proposed home on 3005 CPR to a location that would have appeared to be out of character with the neighborhood. The variance could have been avoided if the applicant had relied on the timing of construction to achieve the same result. The applicant is currently building the new homes on both properties. Their intent was to submit for the permit to build 3001 CPR first to situate the home in the current placement, which would have been permitted. However, due to a submittal timing error for the permits for the two properties, as well as an inconsistency between the construction plans and the survey, a roofed, lake side porch was constructed lakeward of the average lakeshore setback. A non-roofed patio would be permitted in the current location. To address the setback encroachment, the applicant is requesting after-the-fact approval of an average lakeshore setback variance for the roofed porch on the lake side of the home at 3001 CPR. Practical Difficulties Analysis Applicant Submittal Information: The applicant has identified the timing of permit submittal construction and an administrative error 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. Application Summary: The applicant is requesting an after-the-fact average lakeshore setback variance for a roofed porch. Staff Recommendation: Planning Department Staff recommends approval. FILE #LA23-000049 18 Sept 2023 Page 2 of 5 Planning Staff Practical Difficulty Analysis: Regarding practical difficulty, the application submittal timing appears to be the primary issue. The applicants’ plans were not coordinated and the roofed portion of the lakeside porch was not depicted correctly on the survey. Staff finds the porch location to be consistent with the Code, had the permits been submitted in the applicants’ preferred order. The neighboring property owners on each side have submitted their support for the current encroachment. LOT ANALYSIS WORKSHEET Section 78-1279 - Setbacks: LR-1C Required Existing / As Constructed Rear 30’ 46.9’ North Side 10’ 36.3’ South Side 10’ 15’ Lakeshore 75’ 136.5’ Average Lakeshore The roofed porch is 136.5 feet from the lake; 4 feet lakeward of the ALS line. Applicable Regulations: Average Lakeshore Setback Variance (Section 78-1279) The properties at 3001 and 3005 CPR were intended to be constructed concurrently which resulted in a timing-of-construction-driven average lakeshore setback determination. 3005 CPR received an average lakeshore setback variance in order to solidify the placement of the home in a similar location as the previously existing home on that property. The homes on both of the properties were removed prior to construction of the new homes on either lot; both lots were vacant. City Code 78-1279 provides guidance for determining the average lakeshore setback when a line cannot be drawn from the neighboring homes such as lots without a neighbor, or adjacent to a street, etc. (see Exhibit H). Staff believes it was the applicant’s intent, after receiving the ALS variance for 3005 CPR, to submit for the permit for the 3001 CPR lot first. This timing would have allowed placement of the 3001 CPR home at the setback of the Goodwin home (2975 CPR). Because of the application submittal timing mix-up, the required setback at the time of the home construction at 3001 CPR was determined by a projected line from 3005 CPR to the Goodwin home on the north at 2975 CPR. The Goodwin home is ±138 feet from the lake, measured perpendicular to the OHWL. The average lakeshore setback line was not depicted on the survey; however, staff extrapolated the average lakeshore setback line from the home location on the survey for 3005 CPR for the permit issuance. This line is drawn in RED on Exhibit C. The roofed lakeside porch was not specifically identified on the building permit survey, rather it was depicted as a patio (no roof). The home met the setback represented by the red ALS line. The most lakeward extent of 3001 CPR (roofed porch) is situated approximately 136 feet from the lake at its closest point resulting in an approximate 4-foot encroachment within the average lakeshore setback. FILE #LA23-000049 18 Sept 2023 Page 3 of 5 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 property includes difficulties in the depth and orientation of the shoreline. The requested average lakeshore setback variance will not result in blocking views of the lake for the neighboring properties. The proposed variance is in harmony with the purpose of the Ordinance. 2. The variance is consistent with the comprehensive plan. The home is situated approximately 136 feet from the lake and will not disrupt lake views from neighboring homes; the proposed variance 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 construction of the roofed porch the proposed location partially within the average lakeshore setback does not appear to be unreasonable considering the lake views from neighboring homes are not impacted. This criterion is met. b. There are circumstances unique to the property not created by the landowner; The intent of the property owner was to submit a conforming plan. The application errors were not intentional; however, accuracy of submitted permit information is the applicant’s responsibility; and c. The variance will not alter the essential character of the locality. The variance will not alter 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 FILE #LA23-000049 18 Sept 2023 Page 4 of 5 located. This condition is not applicable, as residential improvements are an allowed 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 depth of the lots, shape of the shoreline, and the setback from the lake of the adjacent homes creates difficulties. The majority of the home is completed and removing the encroachment is not a simple endeavor as the porch roof structure is integral to the structure of the overall roof and cannot be simply removed. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The property’s shoreline orientation, depth of the lots, and the relationship between the existing home and the setback of the adjacent homes create difficulties for the owners. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Removal of the encroachment will result in a significant impact to the property 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 the requested variance in this unique situation is not contrary to the intent of the zoning chapter. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. Removing the encroachment will result in significant impacts to the existing home likely requiring a significant structural redesign, according to the builder; therefore, the requested variance is necessary and would not serve as a convenience to the applicant. 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 Public comments have been received in support of the variance. See Exhibit G. 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 of the after-the-fact variance. FILE #LA23-000049 18 Sept 2023 Page 5 of 5 List of Exhibits Exhibit A. Application & Narrative Exhibit B. Practical Difficulties Documentation Form Exhibit C. Annotated Building Permit Survey Exhibit D. Updated Survey Exhibit E. Plans and Elevations Exhibit F. Resolution No. 7284 Exhibit G. Public Comment Exhibit H. City Code 78-1279 Exhibit I. Property Owners List Exhibit J. Plat Map AGENDA ITEM Prepared By: J. Lemons Reviewed By: AMC Approved By: 1. Purpose. The purpose of the action item is to inform the council of a staff developed program and to seek adoption of the sponsorship program. 2. Background / Summary. The Park Commission has requested for several years that the city develop a sponsorship program to help fund city events such as the Annual Tree Lighting, Lurton Dog Days, etc. Commissioners currently have the ability to solicit donations but do not have a formalized process for making these requests. 3. Main Paragraph. The sponsorship program is meant to be a city-wide initiative and will help fund a multitude of future events hosted by the city. The sponsorship program will have several different tiers of contribution levels depending on the amount that is donated. The different tiers are shown in Exhibit A. There will be certain incentives/benefits to the sponsorship levels that mostly consist of advertising and public recognition. The sponsorship program will provide a clearer and simpler process for individuals and businesses wanting to contribute to City of Orono events. Funds that are contributed to the sponsorship program will be placed in a separate events enterprise fund and will be earmarked for future events. If a donor specifies that the funds be used for a certain event, the city will honor the request. All unspecified funds will be held in the sponsorship fund account and used for future events. 4. Staff Recommendation. Staff recommends approval of the Events Sponsorship Program. Having the sponsorship program will allow for a more efficient way for commissioners to solicit donations. I believe that the sponsorship program will help grow future events in the City of Orono. COUNCIL ACTION REQUESTED Motion to approve the events sponsorship program. Exhibits A. Sponsorship Details Page B. Sponsorship Agreement Form Item No.: 17 Date: October 9, 2023 Item Description: Events Sponsorship Program Presenter: Joshua Lemons Parks and Golf Superintendent Agenda Section: Parks Report The City of Orono offers a variety of community events throughout the year and we are continuing to expand these events to provide more occasions for local families to enjoy our wonderful City and its amenities. The City of Orono is inviting local individuals and businesses a unique opportunity to gain greater visibility and valuable exposure through our Sponsorship Program. Through this program, you may choose a donation level with various benefit of outreach in the community. See below for your options for investing in your community with this rewarding initiative. Bronze Level $499 or less This level gets your name or logo published in the local papers on the ad that is designed for the event and recognition in the City Newsletter. Silver Level $500 - $1499 This level includes the above Bronze Level items as well as your name or logo on the sign at the event. Gold Level $1500 - $3999 This level includes the above Bronze and Sliver Level items, plus a sponsored tent, item or table at the event with an individual sign. (Ex: Sponsoring Santa, Fireworks Display, etc.) Platinum Level $4000 and above This level gets you all of the above items as well as an as on the Orono Orchards Golf Course scorecards for one season and a recognition plaque presented at a City Council meeting. Sponsorships can be designated to specific events/items, or we will assign donations depending on need. Platinum Level $4000+ Gold Level $1500-$3999 Silver Level $500-$1499 Bronze Level $499 and Under Listed as a Sponsor in the Local Papers Recognition in the City Newsletter Logo or Name on Sign at the Event Sponsor Tent, Item, or Table at Event w/ Sign Advertisement on Golf Course Scorecards Plaque and Reconition at City Council Meeting Free Round Golf Vouchers-Orono Orchards Golf Course 4 3 2 1 Sponsorship Benefits Name of Business/Individual:_____________________________________________________ Contact Name:_________________________________________________________________ Address:______________________________________________________________________ City/State/Zip:_________________________________________________________________ Email:__________________________________________ Telephone:____________________ 2024 SPONSORSHIP AGREEMENT FORM Thank you for your generosity and support! (Please indicate name or title as you want it to appear in publications and promotional materials) Contribution Level: Platinum Level Sponsor $4000 and up Gold Level Sponsor $1500 - $3999 Silver Level Sponsor $500 - $1499 Bronze Level Sponsor $499 or less Amount of Sponsorship: $______________ Signature:____________________________________________ Date:____________________________ Return form to: City of Orono 2750 Kelley Parkway Orono, MN 55356 OR Email to Kellie Hoen at khoen@oronomn.gov Questions? Contact Kim Linder, Clubhouse and Events Manager klinder@oronomn.gov 952-473-1909 AGENDA ITEM Prepared By: JVE Reviewed By: AMC Approved By: 1. Purpose. The purpose of this action item is to gain approval to hire Paid-On-Call Firefighter for response at Station 2. 2. Background. The Orono Fire Department is currently seeking paid-on-call firefighters to cover our Station 2 call area. 3. Selection Process. The selection process for the position involved advertising the position, application screening, and an interview. The interview was conducted by the Fire Chief and other city employees. The applicant must successfully complete a Psychological Exam, a Physical (Pre-employment medical) exam and a probationary period. All applicants will have to pass a background check performed by the Orono Police Department. If the applicant is serving as a firefighter covering the City of Orono, then we waved the psychological and physical exams. 4. Recommended Candidates. Ben Veach has experience as a firefighter with another department. He has passed Firefighter 1 and 2 and EMR. He is excited to become charter member of the Orono Fire Department and looks forward to creating the best department and relief association. 5. Recommended Compensation. I recommend Ben Veach with 6 years serving Orono for a conditional job offer as a paid-on-call firefighter with an effective start date of October 10, 2023 for limited administrative time and duties. Firefighter training and other such duties will begin on or after January 1, 2024 a. Pay. Starting rate of $16.00/hour. b. Benefits: Relief Association to be determined c. Conditions: Passing background check COUNCIL ACTION REQUESTED Motion to approve the conditional job offer to Ben Veach as a paid-on-call firefighter at the rate of $16.00 per hour with a start date of October 10, 2023. Item No.: 18 Date: October 9, 2023 Item Description: Authorization to Hire Paid-On-Call Firefighter Presenter: James Van Eyll Fire Chief Agenda Section: Fire Report AGENDA ITEM Prepared By: JVE Reviewed By: AMC Approved By: 1. Purpose. The purpose of the action item is to authorize staff to convene the paid-on-call firefighters together for the purpose of creating a fire relief association. 2. Background. The Council approved the creation of a municipal fire department. The hiring of paid- on-call firefighters allows for the formation of the fire relief association for the purpose of overseeing the pensions of the paid-on-call firefighters. 3. Fire Relief Association. The hiring of 8 paid-on-call firefighters allows the opportunity to select a relief association board and to begin the process of the creation of a fire relief association. The relief board is made up of 6 paid-on-call firefighters along with 3 ex-officio members. The ex-officio members are the fire chief, city administrator and the mayor. The board along with the other paid-on-call firefighters are able to determine their type of pension benefit. They will then have to file by-laws with the Minnesota State Auditor’s Office and complete an investment policy. They will also have to complete articles of incorporation for a non-profit and file them with the Minnesota Secretary of State’s Office. The relief board should be selected by December 1st, the by-laws and articles of incorporation should be filed by March 1, 2024. Once drafted the bylaws and articles of incorporation will be brought to council for approval. 4. Staff Recommendation. Staff recommends that the Council authorize staff to begin the creation of a fire relief association to support Orono Firefighters. COUNCIL ACTION REQUESTED Motion to direct staff to begin the process to create a fire relief association. Item No.: 19 Date: October 9, 2023 Item Description: Initiation of a fire relief association Presenter: James Van Eyll Fire Chief Agenda Section: Fire Report AGENDA ITEM Prepared By: Reviewed By: AMC Approved By: 1. Purpose. The purpose of the agenda item is for the Orono representatives for the Fire Advisory Board to provide and update on the most recent meeting. 2. Last Meeting. The Orono representatives to the LLFD FAB met on September 28, 2023. 3. Members. Members of the Committee are: a. Council Members. Richard Crosby & Maria Veach. b. City Staff. Adam Edwards & James Van Eyll COUNCIL ACTION REQUESTED None. Item No.: 20 Date: October 9, 2023 Item Description: Long Lake Fire Advisory Board Presenter: Richard Crosby & Maria Veach Council Members Agenda Section: Council Committee Reports AGENDA ITEM Prepared By: NJD Reviewed By: NJD Approved By: 1. Closed Meeting: Attorney – Client Privileged Discussion. The meeting will be closed as permitted by the attorney-client privilege (section 13D.05, subdivision 3 (b)) to discuss litigation strategy regarding the following lawsuits: • The City of Long Lake vs. City of Orono • Jay Nygard vs. City of Orono, Soren Mattick Item No.: 21 Date: October 9, 2023 Item Description: Closed Meeting – Client Privileged Discussion Presenter: Soren Mattick, City Attorney Agenda Section: Closed Meeting Oct 10 council meeting comments Kim Carswell 261 Cygnet Place As a resident of Orono I will continue to comment on how the city is proceeding to build a new fire department up to the next election, so our citizens continue to engage and understand what is happening. Tonight, I will share 4 points: 1. The council has adamantly refused to truly listen to the residents of Orono. Open houses sound good on paper, however, they have been handled in a way to stifle comments and collect data that is not deemed valuable. 2. The benefits of Orono building a fire department from the ground up have not been clearly articulated. Yes, we are the bigger city and yes, we pay a larger portion of the cost with Long Lake. This is acceptable to many who value partnership. Response times that were cited by our fire chief without data were disputed by the Long Lake Fire department with sound data. The costs seem to be more. What are the true benefits to the citizens? 3. The mediation session yielded nothing as Orono did not truly go into that process constructively as the mayor indicated they would in earlier council meetings when asked. 4. The financial picture of this endeavor is high level and obtuse in the public eye. How can a city the size of Orono with the current budget assume such a cost without significant risks? Thank you