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HomeMy WebLinkAbout10-16-2023 Planning Commission Packet PUBLIC ATTENDANCE MEETING DATE /•0 1 LI i CITY COUNCIL 'FLPLANNING COMMISSION PARK COMMISSION OTHER Assistive Listening Device available upon request Please complete the following information for City Records Present for (from agenda) Name (please print) Address Name or Number 1. 40— /- V‘atriti6,41 ---114. RI ail 2. Av 2 - 5 k,-7A--`1( 1?(0c4. lvilAOv 1 3. -CUPi 5141a, 4. A-x`s v„ta t OC c Tat 3 k A IX 1) f66 �-- 5. Jos tea 5 33 C- c kSUrk-x-A\N:s222--00Ni tom, 1.4v tA 7. (Vi44,J 'L 0 0-C d Uc ri f rrAPL (�t�j 41! 3 8. gAloe,k tk 30 D-0 C01"/Mci-N 9. M P kfr 10. Oar' :r1%4 lei Z? $ OldAy v 3 [IRA- 11. 12. (:) 2C/1� # s � PUBLIC ATTENDANCE MEETING DATE Ic-2 -1&' 2 CITY COUNCIL Ft' PLANNING COMMISSION PARK COMMISSION OTHER Assistive Listening Device available upon request Please complete the following information for City Records Present for (from agenda) Name (please print) Address Name or Number 1. 14111 e I f-\ of tv) 5otc( 2. .5, S 3 3. Ct'fick_Gtsitycv\ 841 C117Q 4. 1,6 fryi J .-kk viz9 -757 i,A)ai-efinA,--71 5. 6. 7. 8. 9. 10. 11. 12. Agenda Planning Commission Meeting Monday, October 16, 2023, 6:00 P.M. Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356 952-249-4600 / www.oronomn.gov Audience Members: Information regarding each of the Agenda items is available on the City website (www.oronomn.gov) under Agendas Minutes & Videos and in the Public Packet — located in the lobby near the entrance. Applicants will be asked to move to the lectern to answer questions after staff presents the application. The Planning Commission is an advisory body to the City Council. If action is taken on any items on this agenda, they will be scheduled for an upcoming City Council meeting. A quorum of the City Council may be in attendance of a Planning Commission meeting to hear comments made, though no action or deliberation of the Council will occur. Council Representative: Matt Johnson Pledge of Allegiance Approval of Agenda Approval of Minutes: September 18, 2023 Public Hearings: 1. LA22-000059 Tom Ryan, 2245 Watertown Road, requests preliminary plat approval to create one additional building site. (Staff: Melanie Curtis) 2. LA23-000050 Lucid Builders, 3359 Crystal Bay Road, requests variances for lot area, lot width, 75-foot lake setback, hardcover, hardcover within the 75-foot lake setback, and rear yard setback to construct a new house. (Staff: Natalie Nye) 3. LA23-000051 Keplinger & Keranen Builders, Inc., 2795 Shadywood Road, requests lot area, lot width, hardcover, rear yard setback, lake setback (lake and channel), building on fill and not meeting a 15 foot fill bench requirments within the Shoreland District to construct a new house. (Staff: Melanie Curtis) 4. LA23-000053 Pillar Homes Partner, Inc., 3765 Watertown Road, requests a front yard setback variance to construct a covered entry. (Staff: Natalie Nye) 5. LA23-000058 Tripp Snyder, 1513 Bay Ridge Road, two public hearings. (Staff: Melanie Curtis) a) An Appeal of the staff interpretation of Section 78-1279 relating to this request. b) After -the -fact approval of setback variances to address expansions to a nonconforming deck. 6. LA23-000059 Pebl Design, 980 Tonkawa Road, requests approval of an average lakeshore setback and side yard setback variance for an accessory structure in the side yard. (Staff: Natalie Nye) 7. LA23-000054 Text amendment within Chapter 78 which contemplates the allowance of retaining walls within the Shore Setback zones. (Staff: Laura Oakden) Other Items: Update on October 9, 2023 City Council meeting. Adjourn Planning Commission Liaison to November 13, 2023 City Council meeting: Bob Erickson Sign up for email notifications at www.oronomn.gov — follow links for Stay Connected & Email Notification Date Application Received: 10/24/2022 Date Application Considered as Complete: 09/25/2023 120-Day Review Period Expires: 01/23/2024 To: Chair Bollis and Planning Commission Members Adam Edwards, City Administrator From: Melanie Curtis, Planner MCC Date: 16 October 2023 Subject: #LA22-000059, Thomas Ryan, 2245 Watertown Road Preliminary Plat Public Hearing `�yAT �r� O YC) sH0— Application Summary: The applicant is requesting approval of a plat to combine 5 existing parcels into 2 lots. Staff Recommendation: Planning Department Staff recommends approval. BACKGROUND The property owner is requesting preliminary plat approval to combine 5 separate PIDs into two buildable lots. The combined area of the property is 5.13 acres (223,462 square feet) located within the RR-1B one -family rural residential zoning district. This application is not a subdivision. Rather, it should be viewed as a more formal boundary line adjustment (subdivision exception) due to the need to formally re -plat two of the parcels which are currently classified as "outlots". According to City Code, an Outlot is defined as "a lot depicted on a final plat which intended for open space preservation, access, future development or other use". Further, City Code Section 82-254 states that outlots "are not intended for development except for the purpose in which they are created, which may include streets, stormwater management, monument signs, etc.... ". The wooded site includes a small drainage creek which the property owner is planning to reorient slightly. Work began on the drainage creek in the Fall of 2022 without proper City permits. The work was stopped and the applicant has been working with Staff to complete the project through permitting. PRELIMINARY PLAT AND CERTIFICATE OF SURVEY FOR TOM RYAN IN SEC'S 3-117-23, 34-118-23 AND OF OUTLOTS A & 13, THE NURSERY H ENNEPIN COUNTY. MINNESOTA .t -. 7i81a i I a i tit we e �' • i i x } .. PROPOSE �' \ ` ! , DIVIDING LI _ -- 7 r, �� .___ �"�__•- �tll, -_..fir ____. - 1 _______ - J. �- FILE #LA22-000059 16 Oct 2023 Page 2of3 The property owner intends to maintain their existing residence and improvements on proposed Lot 1. Development of Lot 2 has not been proposed at this time. PRELIMINARY PLAT REVIEW General Site Characteristics This site is within the rural residential area on the edge of the Orono boundary with Long Lake on the north and wooded rural properties on the south. Currently, the property has a single-family home and 3 accessory buildings and an in -ground swimming pool. EXISTING LOT AREA Total Property: ±4.66 acres excluding the road (±5.13 acres total) - 2245 Watertown Road (house lot) ±2.86 acres - Watertown Road right-of-way (33') ±0.47 acre - PID 03-117-23-22-0001 ±0.17 acre - PID 03-117-23-22-0002 ±0.85 acre - PID 03-117-23-22-0022 (Outlot B) ±0.1 acre - PID 03-117-23-22-0021 (Outlot A) ±0.69 acre PROPOSED LOT AREA Lot 1 (2245 Watertown Road) - Red ±2.31 acres Lot 2 - Blue ±2.35 acres Note, the plat includes a dedication of 33-feet of right-of-way to Hennepin County for Watertown Road, shown in yellow on the map on page 1. Conformity with RR-113 Zoning District Standards The property is zoned RR-113 One Family Rural Residential (requiring a minimum lot size of 2.0 acres). The drainage creek on the property is located within a required yard area, it is not a DNR protected tributary, and does not impact available buildable areas of either lot. The property is not located within the Metropolitan Urban Service Area (MUSA); the properties will be served by private onsite septic systems. The existing home on the property is located within required 50-foot front yard setback and is nonconforming with respect to the setback. The other accessory buildings and structures are located in conforming areas. Utilities The properties are proposed to be served by private onsite septic systems and private water supply wells. The applicant has provided septic system designs for each lot meeting the minimum standards. A full review of the septic system designs will be conducted at the time of building permit. Drainage and Utility Easements The City requires standard perimeter drainage and utility easements around all property boundaries on the Plat. The Commission should consider a drainage easement over the drainage creek. The easements are not shown on the proposed preliminary plat drawing; the Final Plat must meet the City's standards. Additionally, in the future, Drainage and Utility Easements should be required over any stormwater facilities that are required by the Minnehaha Creek Watershed District. City Engineer Comments The City's Engineer has reviewed the plans for the preliminary plat and the applicant's request for city resources. There were no substantive comments regarding the plat; however, the following should be referenced by the City FILE #LA22-000059 16 Oct 2023 Page 3 of 3 Council regarding the applicant's request for materials. In the applicant's letter titled "Ditch Restoration" (Exhibit E), the applicant insinuates that the erosion suffered by this property was the result of the 2016 Road Project. City staff does not concur with this assertion. The road and associated utilities were reconstructed in the joint project with the City of Long Lake. However, the culvert that connects the ditch -way on both sides of the road was replaced with a pipe of the same diameter and at the same elevations. The stabilization material placed at the outlet was installed to mitigate any erosion for the exposure of those soils during construction. The more likely cause of the erosion damage within the ditch bank on the applicant's property was the runoff from the record precipitation events in the years following the project. The erosion issues on the property were then exacerbated by unpermitted land alteration activities on the site which exposed soils to erosion. The City did agree, in principle, to provide some rip rap (large rocks) at the outlet of the culvert. City Staff did not agree to provide rip rap for private improvements. Public Comments The City received comment on this project; comments from the public are included as Exhibit H. The comments were focused on the erosion from the unpermitted land alteration activity and downstream sedimentation which resulted from the unprotected ditch. Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to develop the property in a reasonable manner? 2. Does the Planning Commission find that the subdivision, if approved, will not alter the essential character of the neighborhood? 3. Planning Commission should review the Conservation Design Report and provide recommendations. 4. Are there any other issues or concerns with this application? Planning Staff Recommendation Planning Staff supports the approval of the preliminary plat subject to the City Engineer's requirements. Staff further recommends that the applicant remove the downstream sediment and obtain the proper permits for the drainage creek reorientation. Erosion control measures should be installed prior to the work and be maintained throughout the duration of the project until vegetation is established. The Planning Commission should recommend approval of the preliminary plat as presented, with appropriate conditions identified above. List of Exhibits Exhibit A. Application Exhibit B. Proposed Preliminary Plat Drawing Exhibit C. MCWD NOD Exhibit D. Applicant's Letter Exhibit E. Drainage Creek Realignment Plan Exhibit F. Septic Designs Exhibit G. Public Comment Exhibit H. Property Owners List & Map 10/11/23, 1:14 PM Permit Details I Citizenserve Land Use Application Summary Application Date: 10/24/2022 Address: 2245 Watertown Road Orono, MN 55356 Parcel Number: 3411823330056 Land Use Number: LA22-000059 Application Submitted By: Property Owner Owner: Name: THOMAS J RYAN Address: 2245 WATERTOWN RD LONG LAKE MN 55356 Name: TOM RYAN Applicant: Company: p y: Address: 2245 WATERTOWN RD LONG LAKE, MN 55356 tjr2245@aol.com Contact Information Project Description: Land Use Application Type: Applicant Signature: Associated Contact: Associated Contact: Associated Contact: Associated Contact: RePlat _ Combine 5 PID into 2 lots Amendmend Application Appeal of Admin Decision Concept Application Conditional Use Permit Site Plan Application Subdivision Application Subdivision Exception Vacation Application Variance Application f M+ https://www3.citizenserve.com/Ad m in/Perm itController?Action=DisplayPermitDetaiI&SelectedTab=Permits&Permit_I D=10987549&WorkOrder_I D=861... 1 /1 .......... ........ ............ * ::". , , - - - 1. -- ­_ " ­_ .... .................... ...... . . .................. PRELIMINARY PLAT AND CERTIFICATE OF SURVEY FOR CENTERLINE OF MINNEAPOLIS- WATERTOWN ROA. 0 00* TOM RYA-NL. 1-000 _70, ro -117-23234-118-23 AND ............................... . IN SECS 3 1--,' /7 0 OF OUTLOTS A & B, THE NURSERY HENNEPIN COUNTY, MINNESOTA Q Poi 9�5' ��' `\ \ \�01 GIN R / j/ 1 // �.---- '-� \\ \ \ � \\ `\ (978.5 (975-6)...... A­­;z-.. ... 974 C�l 9-7 DI g Tc 4-9) ............ . 970- .4 EXISTING 2.35+- AC. Z V .ROUTE6--DITCH \\ \ \ \ BUILDING q:) iSETBACK >\ PROPOSED NES RE-ROUTE ` \\ \ \ ' _ _ _ \ \ \ V ROP 61SED DITCH 60(968.8) D I V I D I G x 5 PROPOSED / �\ \ \ \ -0 (968.5) SEPTIC -SI-TE--A- LIN PATIO 0) SEPTIC TEST H ES (TYP) BUILDIN pap" ` \67-2) 20(966.9) SETBACK b, ---(2J/ -7 LINES POOL -Pi07FOSE15 (:5�34, �1,b EXISTING 5) SEPTIC, Ln F HOUSE SITE B 2.31+- AC. #2245 \ t 3 PATIO S. WATERTOWN RD ............... ... ..... ............ ------------------ ... ----------------------------------- -------------- ----------------------- ----------- ...... j -_-_------- ------_---------- / ---------- ------------------ - - --------- --------------------------- ........... ------------ 5 --1167.4 ----------- ---------- --------- ---------------- .............. R OF E4ST 3 ........... •�\(9 6 6.�8) :77t�_ - ......... ....... - ----------------------------------------------------I .......... .­-­­\ ......... A ------------ f NW o 66- .7 ACRESCO OF NORTH 55 ACRES X _\ SOUTH LINE OF 51 .......... 536.65+- tb I \ : Of� SECTION 3 '117-23 01 SEC. 34-118-23% 45_�14 0: 28.6 A ......... SA W v DE00 ........... �R16,�3 q441�A�. 4.64 86 OC) 16.6 ........... ...... ..... / ------- 885.0 ----- t EXISTING6R_ 0- F_ -------------- NEC--- KIt E SETA S1 TO A C. 10 I , , , '' --------- \ ---------------- 0 484 8+ iss 35 AC.­ Cq 0 OF 55 AC .......... 0 \ `�, ., f N 89025: W 253.76 - ---------- \ ......... Qot I 'PR ----------- T 0 GARAGE .... ------------- \ ------------------ I �/b 0, 30 ------- ------ 4- ... .... 0 1H/4 F NORTH LINE OF / \ SEC. -23 0 :: ...... 17 30 'SEC. 3-11117-23 (974.7) 0 ) 0 (9703 0 EAST LINE NW 1/4 OF SEC. 34-118-23 SE COR OF NW 1/4 OF SEC. 34-118-2, -------- 955.35 ---------- NE COR OF NW 1/4 OF SEC. 3-117-23 o 42.3 00 LEGAL DESCRIPTION (per Certificate of Title No. 777617) (continued) 0 OT WEST LINE OF EA T 35 BLACKTOP EX15TING PROPOSED ........ -ACRES OF NORTH j55 ACRES DRIVEWAY V, LO c) " t I P�OPOS�D \\ Par 5: That part of Outlot A, The Nursery, embraced within Lot 3, Block 1, Kelley & Kelley Division. -1)�-23 4 4 1 1 OF SECTION 3 SEPTIC GARAGE SEPTIC I SITE BI \ 1 \ . ........ (0 SITE A 1 (97 •00 42.3 0) Par 6: That part of Outlot A, The Nursery, embraced within Lot 2, Block 1, Kelley & Kelley Division. 0 SEPTI� TEST HOLES (TYP� L0 0 ----/ - - - - - - - Par 7: Outlot B, The Nursery 61.38 - - - - - - - - L 0 53 0 0 0 (9o8.,3) denotes existing spot elevation, mean sea level datum ------ (170.7) V !X9 \1 :, 0 72.5) 0 0 L0 - - ----- . ........... 0 denotes existing contour line, per county maps ......... (975.0) .•...... ........... 0 V) Ln J / I ` \- ----� , , / \ Bearings shown are based upon an assumed datum. F-7 y -J A135-+ / \ I NUNN 1 -7 T .......................... : This survey intends to show the boundaries of the above described property, and county topography, .......................... ........... . ..... ................. .......... / N 890251 16" IW i N existing ditch, and spot elevations around said ditch, and the proposed location of a proposed ..::: ......................................... ..... 6011�1.03 ------------------------------ \ ---------- dividing line thereon. It does not purport to show any other improvements or encroachments. LEGAL DESCRIPTION (per Certificate of Title' No. 777617) Par 1: That part of the Southwest Quarter of Section 34, Township 118, Range 23 described as follows: Commencing at a point on the South line of said Section, 955.35 feet West of the Southeast corner of said Southwest Quarter; thence North 45 3/4 degrees West 425.7 feet to a point in the center line of the Minneapolis and Watertown Road which is distant 1327.7 feet Southwesterly measured along said center line from a point on the East line of said Southwest Quarter which is 759 feet North of the Southeast corner of said Southwest Quarter; thence Southwesterly along the center line of said road, 920.2 feet more or less to the South line of Section 34; thence East along said South line of Section, 1167.4 feet more or less to point of beginning; except that part thereof lying Westerly of the following described line: Beginning at a point on the South line of said Southwest Quarter, 885 feet East of the Southwest corner thereof; thence Northwesterly at an angle of 72 degrees 09 minutes from said line to the centerline of said Minneapolis- Watertown Road and there ending. Par 2: That part of the North 1/2 of the Northwest quarter of Section 3, Township 1 17, Range 23 described as follows: Commencing at a point in the North line of said Section;913.6 feet East of the Northwest corner of said Section; thence Southeasterly 64 feet more or less to a point on the West line of the East 35 acres of the North 55 acres of the Northwest Quarter of said Section 3 which is 34.9 feet South of the Northwest corner of said East 35 acres of the North 55 acres; thence North along said West line of East 35 acres of North 55 acres 4.9 feet; thence Northeasterly 484.8 feet more or less to the Northeast corner of the West 10 acres ofthe East 35 acres ofthe North 55 acres of said Northwest Quarter of Section 3; thence West along the North line of said Section, 5.36.65 feet more or less to the point of beginning Par 3: All that part of the Northwest Quarter of Section 3, Township 117, Range 23 described as beginning at a point on the North line of said Northwest Quarter distant 885 feet East of the Northwest corner thereof; thence East along said North line 28.6 feet; thence Southeasterly to a point on the West line of the East 35 acres of the North 55 acres of said Northwest Quarter, said point being 34.9 feet South of the Northwest corner of said East 35 acres; thence North along said West line of said East 35 acres a distance of 4.9 feet; thence Northeasterly to the Northeast corner of the West 10 acres of the East 35 acres of the North 55 acres of said Northwest Quarter; thence South along the East line of said West 10 acres a distance of 80 feet; thence West parallel with the North line of said Northwest Quarter to a line drawn through the point of beginning at a Southeasterly angle of 72 degrees 09 minutes from said North line of said Northwest Quarter; thence Northwesterly to the point of beginning. Par 4: : That part of the following described property: That part of the Southwest quarter of Section 34, Township 118, Range 23 described as follows: Commencing at a point on the South line of said Section, 955.35 feet West of the Southeast corner of said Southwest Quarter; thence North 45 3/4 degrees West 425.7 feet to a point in the center line of the Minneapolis and Watertown Road which is distant 1327.7 feet Southwesterly measured along said center line from a point on the East line of said Southwest Quarter which is 759 feet North of the Southeast corner of said Southwest Quarter; thence Southwesterly along the center line of said road 920.2 feet more or less to the South line of said Section 34; thence East along said South line of Section, 1167.4 feet more or less to point of beginning; lying Easterly of the following described line: Beginning at a point on the South line of said Southwest Quarter 864.6 feet East of the Southwest corner thereof; thence Northwesterly at an angle of 60 degrees to said South line to the centerline of said Minneapolis -Watertown Road and there ending; and lying Westerly of the following described line; Beginning at a point on the South line of said Southwest Quarter, 885 feet East of the Southwest corner thereof; thence Northwesterly at an 'angle of 72 degrees 09 minutes from said South line to, the centerline of said Minnepolis-Watertown Road and there endin REVISIONS 9-13-23 SEPTIC TEST HOLES ADDED I I hereby certify that this Dian, specification, 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. X - OFAV�Olt ocze Mark S. Gronberg Minnesota Linens Number 12755 r)\A/1\1�D THOMAS RYAN 2245 WATERTOWN ROAD ORONO, IVIN 55356 ZONING ..Ul 5.13+- AC. 4.66+- AC. EXCL. ROAD 0 30 60 urze S C A L E I N F E E T U A U IN D Lj n U oc JA k'-) K--**) U U I A 1 ri � , I IN U. CIVIL ENGINEERS, LAND SURVEYORS, LAND PLANNERS 445 NORTH WILLOW DRIVE, LONG LAKE, MN 55356 952-473-4141 10-) • Ln r- SCALE 1 #F=30' DATE 7-7-23 JOB NO. 22-052 22-052 .......... ........ ............ * ::". , , - - - 1. -- ­_ " ­_ .... .................... ...... . . .................. PRELIMINARY PLAT AND CERTIFICATE OF SURVEY FOR CENTERLINE OF MINNEAPOLIS- WATERTOWN ROA. 0 00* TOM RYA-NL. 1-000 _70, ro -117-23234-118-23 AND ............................... . IN SECS 3 1--,' /7 0 OF OUTLOTS A & B, THE NURSERY HENNEPIN COUNTY, MINNESOTA Q Poi 9�5' ��' `\ \ \�01 GIN R / j/ 1 // �.---- '-� \\ \ \ � \\ `\ (978.5 (975-6)...... A­­;z-.. ... 974 C�l 9-7 DI g Tc 4-9) ............ . 970- .4 EXISTING 2.35+- AC. Z V .ROUTE6--DITCH \\ \ \ \ BUILDING q:) iSETBACK >\ PROPOSED NES RE-ROUTE ` \\ \ \ ' _ _ _ \ \ \ V ROP 61SED DITCH 60(968.8) D I V I D I G x 5 PROPOSED / �\ \ \ \ -0 (968.5) SEPTIC -SI-TE--A- LIN PATIO 0) SEPTIC TEST H ES (TYP) BUILDIN pap" ` \67-2) 20(966.9) SETBACK b, ---(2J/ -7 LINES POOL -Pi07FOSE15 (:5�34, �1,b EXISTING 5) SEPTIC, Ln F HOUSE SITE B 2.31+- AC. #2245 \ t 3 PATIO S. WATERTOWN RD ............... ... ..... ............ ------------------ ... ----------------------------------- -------------- ----------------------- ----------- ...... j -_-_------- ------_---------- / ---------- ------------------ - - --------- --------------------------- ........... ------------ 5 --1167.4 ----------- ---------- --------- ---------------- .............. R OF E4ST 3 ........... •�\(9 6 6.�8) :77t�_ - ......... ....... - ----------------------------------------------------I .......... .­-­­\ ......... A ------------ f NW o 66- .7 ACRESCO OF NORTH 55 ACRES X _\ SOUTH LINE OF 51 .......... 536.65+- tb I \ : Of� SECTION 3 '117-23 01 SEC. 34-118-23% 45_�14 0: 28.6 A ......... SA W v DE00 ........... �R16,�3 q441�A�. 4.64 86 OC) 16.6 ........... ...... ..... / ------- 885.0 ----- t EXISTING6R_ 0- F_ -------------- NEC--- KIt E SETA S1 TO A C. 10 I , , , '' --------- \ ---------------- 0 484 8+ iss 35 AC.­ Cq 0 OF 55 AC .......... 0 \ `�, ., f N 89025: W 253.76 - ---------- \ ......... Qot I 'PR ----------- T 0 GARAGE .... ------------- \ ------------------ I �/b 0, 30 ------- ------ 4- ... .... 0 1H/4 F NORTH LINE OF / \ SEC. -23 0 :: ...... 17 30 'SEC. 3-11117-23 (974.7) 0 ) 0 (9703 0 EAST LINE NW 1/4 OF SEC. 34-118-23 SE COR OF NW 1/4 OF SEC. 34-118-2, -------- 955.35 ---------- NE COR OF NW 1/4 OF SEC. 3-117-23 o 42.3 00 LEGAL DESCRIPTION (per Certificate of Title No. 777617) (continued) 0 OT WEST LINE OF EA T 35 BLACKTOP EX15TING PROPOSED ........ -ACRES OF NORTH j55 ACRES DRIVEWAY V, LO c) " t I P�OPOS�D \\ Par 5: That part of Outlot A, The Nursery, embraced within Lot 3, Block 1, Kelley & Kelley Division. -1)�-23 4 4 1 1 OF SECTION 3 SEPTIC GARAGE SEPTIC I SITE BI \ 1 \ . ........ (0 SITE A 1 (97 •00 42.3 0) Par 6: That part of Outlot A, The Nursery, embraced within Lot 2, Block 1, Kelley & Kelley Division. 0 SEPTI� TEST HOLES (TYP� L0 0 ----/ - - - - - - - Par 7: Outlot B, The Nursery 61.38 - - - - - - - - L 0 53 0 0 0 (9o8.,3) denotes existing spot elevation, mean sea level datum ------ (170.7) V !X9 \1 :, 0 72.5) 0 0 L0 - - ----- . ........... 0 denotes existing contour line, per county maps ......... (975.0) .•...... ........... 0 V) Ln J / I ` \- ----� , , / \ Bearings shown are based upon an assumed datum. F-7 y -J A135-+ / \ I NUNN 1 -7 T .......................... : This survey intends to show the boundaries of the above described property, and county topography, .......................... ........... . ..... ................. .......... / N 890251 16" IW i N existing ditch, and spot elevations around said ditch, and the proposed location of a proposed ..::: ......................................... ..... 6011�1.03 ------------------------------ \ ---------- dividing line thereon. It does not purport to show any other improvements or encroachments. LEGAL DESCRIPTION (per Certificate of Title' No. 777617) Par 1: That part of the Southwest Quarter of Section 34, Township 118, Range 23 described as follows: Commencing at a point on the South line of said Section, 955.35 feet West of the Southeast corner of said Southwest Quarter; thence North 45 3/4 degrees West 425.7 feet to a point in the center line of the Minneapolis and Watertown Road which is distant 1327.7 feet Southwesterly measured along said center line from a point on the East line of said Southwest Quarter which is 759 feet North of the Southeast corner of said Southwest Quarter; thence Southwesterly along the center line of said road, 920.2 feet more or less to the South line of Section 34; thence East along said South line of Section, 1167.4 feet more or less to point of beginning; except that part thereof lying Westerly of the following described line: Beginning at a point on the South line of said Southwest Quarter, 885 feet East of the Southwest corner thereof; thence Northwesterly at an angle of 72 degrees 09 minutes from said line to the centerline of said Minneapolis- Watertown Road and there ending. Par 2: That part of the North 1/2 of the Northwest quarter of Section 3, Township 1 17, Range 23 described as follows: Commencing at a point in the North line of said Section;913.6 feet East of the Northwest corner of said Section; thence Southeasterly 64 feet more or less to a point on the West line of the East 35 acres of the North 55 acres of the Northwest Quarter of said Section 3 which is 34.9 feet South of the Northwest corner of said East 35 acres of the North 55 acres; thence North along said West line of East 35 acres of North 55 acres 4.9 feet; thence Northeasterly 484.8 feet more or less to the Northeast corner of the West 10 acres ofthe East 35 acres ofthe North 55 acres of said Northwest Quarter of Section 3; thence West along the North line of said Section, 5.36.65 feet more or less to the point of beginning Par 3: All that part of the Northwest Quarter of Section 3, Township 117, Range 23 described as beginning at a point on the North line of said Northwest Quarter distant 885 feet East of the Northwest corner thereof; thence East along said North line 28.6 feet; thence Southeasterly to a point on the West line of the East 35 acres of the North 55 acres of said Northwest Quarter, said point being 34.9 feet South of the Northwest corner of said East 35 acres; thence North along said West line of said East 35 acres a distance of 4.9 feet; thence Northeasterly to the Northeast corner of the West 10 acres of the East 35 acres of the North 55 acres of said Northwest Quarter; thence South along the East line of said West 10 acres a distance of 80 feet; thence West parallel with the North line of said Northwest Quarter to a line drawn through the point of beginning at a Southeasterly angle of 72 degrees 09 minutes from said North line of said Northwest Quarter; thence Northwesterly to the point of beginning. Par 4: : That part of the following described property: That part of the Southwest quarter of Section 34, Township 118, Range 23 described as follows: Commencing at a point on the South line of said Section, 955.35 feet West of the Southeast corner of said Southwest Quarter; thence North 45 3/4 degrees West 425.7 feet to a point in the center line of the Minneapolis and Watertown Road which is distant 1327.7 feet Southwesterly measured along said center line from a point on the East line of said Southwest Quarter which is 759 feet North of the Southeast corner of said Southwest Quarter; thence Southwesterly along the center line of said road 920.2 feet more or less to the South line of said Section 34; thence East along said South line of Section, 1167.4 feet more or less to point of beginning; lying Easterly of the following described line: Beginning at a point on the South line of said Southwest Quarter 864.6 feet East of the Southwest corner thereof; thence Northwesterly at an angle of 60 degrees to said South line to the centerline of said Minneapolis -Watertown Road and there ending; and lying Westerly of the following described line; Beginning at a point on the South line of said Southwest Quarter, 885 feet East of the Southwest corner thereof; thence Northwesterly at an 'angle of 72 degrees 09 minutes from said South line to, the centerline of said Minnepolis-Watertown Road and there endin REVISIONS 9-13-23 SEPTIC TEST HOLES ADDED I I hereby certify that this Dian, specification, 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. X - OFAV�Olt ocze Mark S. Gronberg Minnesota Linens Number 12755 r)\A/1\1�D THOMAS RYAN 2245 WATERTOWN ROAD ORONO, IVIN 55356 ZONING ..Ul 5.13+- AC. 4.66+- AC. EXCL. ROAD 0 30 60 urze S C A L E I N F E E T U A U IN D Lj n U oc JA k'-) K--**) U U I A 1 ri � , I IN U. CIVIL ENGINEERS, LAND SURVEYORS, LAND PLANNERS 445 NORTH WILLOW DRIVE, LONG LAKE, MN 55356 952-473-4141 10-) • Ln r- SCALE 1 #F=30' DATE 7-7-23 JOB NO. 22-052 22-052 BOARD OF WATER AND SOIL RESOURCES Minnesota Wetland Conservation Act Notice of Decision Local Government Unit: Minnehaha Creek Watershed District County: Hennepin Applicant Name: Tom Ryan Applicant Representative: Melissa Barrett - KES Project Name: W23-018 LGU Project No. (if any): W23-018 Date Complete Application Received by LGU: 5/10/23 Date of LGU Decision: 6/20/23 Date this Notice was Sent: 6/20/23 WCA Decision Type - check all that apply ® Wetland Boundary/Type ❑ Sequencing ❑ Replacement Plan ❑ Bank Plan (not credit purchase) ❑ No -Loss (8420.0415) ❑ Exemption (8420.0420) Part:❑A❑B ❑C❑D❑E ❑F ❑G ❑H Subpart:❑2❑3❑4❑5 ❑6❑7 ❑8❑9 teplacement Plan Impacts (replacement plan decisions only) Total WCA Wetland Impact Area: Wetland Replacement Type: ❑ Project Specific Credits: ❑ Bank Credits: Bank Account Number(s): Technical Evaluation Panel Findings and Recommendations (attach if any) ❑X Approve ❑ Approve w/Conditions ❑ Deny ❑ No TEP Recommendation LGU Decision ❑ Approved with Conditions (specify below)' ❑X Approved' ❑ Denied List Conditions: Decision -Maker for this Application: X❑ Staff ❑ Governing Board/Council ❑ Other: Decision is valid for: ❑x 5 years (default) ❑ Other (specify): ' Wetland Replacement Plan approval is not valid until BWSR confirms the withdrawal of any required wetland bank credits. For project - specific replacement a financial assurance per MN Rule 8420.0522, Subp. 9 and evidence that all required forms have been recorded on the title of the property on which the replacement wetland is located must be provided to the LGU for the approval to be valid. LGU Findings — Attach document(s) and/or insert narrative providing the basis for the LGU decision'. ❑ Attachment(s) (specify): ❑ Summary: Tom Tyan has applied for approval/confirmation for the no wetland determination located at 2245 Watertown Road Orono. A wetland delineation was conducted by KES on 10/24/22. The delineation shows no wetland within the project area. BWSR NOD Form — November 12, 2019 1 MCWD and KES Staff reviewed the boundaries in the field on 5/31/23. MCWD and BWSR were in agreement with the wetland boundaries and types identified on site and shown in the delineation report. MCWD approves the wetland boundaries and types as shown in the delineation report. This decision is valid for five years. A future project located on this property may require a permit from the MCWD. z Findings must consider any TEP recommendations. Attached Project Documents ❑ Site Location Map ❑ Project Plan(s)/Descriptions/Reports (specify): Appeals of LGU Decisions If you wish to appeal this decision, you must provide a written request within 30 calendar days of the date you received the notice. All appeals must be submitted to the Board of Water and Soil Resources Executive Director along with a check payable to BWSR for $500 unless the LGU has adopted a local appeal process as identified below. The check must be sent by mail and the written request to appeal can be submitted by mail or e-mail. The appeal should include a copy of this notice, name and contact information of appellant(s) and their representatives (if applicable), a statement clarifying the intent to appeal and supporting information as to why the decision is in error. Send to: Appeals & Regulatory Compliance Coordinator Minnesota Board of Water & Soils Resources 520 Lafayette Road North St. Paul, MN 55155 travis.eermundson(@state.mn.us Does the LGU have a local appeal process applicable to this decision? ❑ Yes' ❑ No 'If yes, all appeals must first be considered via the local appeals process. Local Appeals Submittal Requirements (LGU must describe how to appeal, submittal requirements, fees, etc. as applicable) Notice Distribution (include name) Required on all notices: 0 SWCD TEP Member: Tony.brough@co.hennepin.mn.us 0 BWSR TEP Member: Jed Chestnut Jed.chestnut@state.mn.us ❑ LGU TEP Member (if different than LGU contact): 0 DNR Representative: Wes.Saunders-pearce@state.mn.us ❑ Watershed District or Watershed Mgmt. Org.: 0 Applicant: tom@fuseautotech.com 0 Agent/Consultant: Melissa@kjolhaugenv.com )ptional or As Applicable: 0 Corps of Engineers: ❑ BWSR Wetland Mitigation Coordinator (required for bank plan applications only): ❑ Members of the Public (notice only): ❑ Other: BWSR NOD Form — November 12, 2019 2 Signature: Date: 6/20/23 This notice and accompanying application materials may be sent electronically or by mail. The LGU may opt to send a summary of the application to members of the public upon request per 8420.0255, Subp. 3. BWSR NOD Form — November 12, 2019 KjoLHAuGENVIRONMENTAL SERVICES COMPANY '0N%M0W*4W#K Providing Sound, Balanced, Comprehensive Natural Resource Solutions Memorandum Date: October 24, 2022 To: Project Manager, Minnehaha Creek Watershed District CC: Tom Ryan, Applicant From: Melissa Barrett, Kjolhaug Environmental Services (KES) Re: No Wetland Determination Memo, 2245 Watertown Road, Orono, MN (KES# 2022-183) The 4.67-ac 2245 Watertown Road site was inspected on October 20, 2022 for the presence and extent of wetland. The property was located in Section 34, Township I I8N, Range 23W, City of Orono, Hennepin County, Minnesota. The site was situated immediately south of the intersection of Watertown Road and Harrington Drive (Figure 1). The property boundary corresponded to Hennepin County PIDs 3411823330056 (2.86 ac), 0311723220022 (0.10 ac), 0311723220002 (0.85 ac), 0311723220001 (0.17 ac), and 0311723220021 (0.69 ac). Attachment A of this memo includes the Joint Application Form for Activities Affecting Water Resources in Minnesota, which is submitted to request WCA no wetland determination approval from the Minnehaha Creek Watershed District (LGU). Review of NWI, Soils, DNR, and NHD Inventory Information The National Wetlands Inventory (NWI) (Minnesota Geospatial Commons 2009-2014 and U.S. Fish and Wildlife Service) showed one PEM1A/PFOIA wetland complex within site boundaries (Figure 3). The Soil Survey (USDA NRCS 2017) showed Hamel -Glencoe complex as the hydric soil map unit within the site boundary. Soil types mapped within the site boundary are listed in Table 1 on the following page and a map showing soil types is included in Figure 4. The Minnesota DNR Public Waters Inventory (Minnesota Department of Natural Resources 2017) did not show any Public Waters, Wetlands, or Watercourses within 1000 feet of site boundaries (Figure 5). The National Hydrog_raphy Dataset (U.S. Geological Survey 2015) did not show any surface water features within site boundaries (Figure 6). 2500 Shadywood Road, Suite 130, Minnesota 55331, Phone: 952-401-8757 2245 Watertown Road, Orono No Wetland Memo Table 1. Mapped soil types on and near the 2245 Watertown Road site. Approx. Approx. o Symbol Soil Name Acres % of Hydric Hydric Category AOI AOI Lester loam, 6 to 10 Predominantly Non- L22C2 percent slopes, 2.1 31.40% 2 Hydric moderatel eroded L25A Le Sueur loam, 1 to 3 0.2 3.30% 15 Predominantly Non - percent slopes Hydric Shorewood silty clay Predominantly Non- L26B loam, 3 to 6 percent 1.5 21.90% 5 Hydric slo es L37B Angus loam, 2 to 6 0.1 1.20% 5 Predominantly Non - percent slopes Hydric L132A Hamel -Glencoe complex, 2.8 42.30% 90 Predominantly 0 to 2 percent slopes Hydric No Wetland Determination The 2245 Watertown Road site was investigated on October 20, 2022 for the presence and extent of wetland by Kjolhaug Environmental Services (KES). No wetlands were identified or delineated on the property. At the time of the site visit, climatic/precipitation conditions were atypical (dry) based on the gridded database method, and with exception of a couple of brief periods of normal precipitation, conditions for the overall 2022 growing season were dry (Attachment B). The NWI map showed one PEM1A/PFOIA wetland on the site (Figure 3), and the soil survey showed a hydric map unit (Hamel -Glencoe) through the center of the site (Figure 4). Therefore, Area A was investigated for wetland (Figure 2). However, in the field, no wetland was observed. Topography in the area of mapped NWI wetland/hydric soil was not depressional and sloped downhill to the south. Area A was primarily wooded. Species observed included sugar maple, black walnut, crabapple, planted spruce, green ash and mulberry with an understory of common buckthorn, creeping Charlie, common wood sedge, gooseberry, wild chervil, common burdock, bedstraw, stickseed and garlic mustard. Low coverage amounts of reed canary grass were also observed in some parts of the understory, but its overall presence was not associated with depressional areas and appeared to be a function of sunlight/open areas. Furthermore, surface runoff within Area A is drained by an actively eroding gully (Figure 2). According to the landowner, a stable drainage ditch feature was present on this site for more than 33 years (the timespan that the landowner has owned the property). However, only recently has the feature begun to excessively erode. It appears that excessive erosion was instigated when Watertown Road was upgraded, and storm sewer (curb and gutter) was installed along Harrington Drive post 2015. This feature appears to now be receiving more water from one concentrated flow point (storm sewer outlet at Watertown Road) resulting in increased erosion and backcutting. 0► 2245 Watertown Road, Orono No Wetland Memo Summary and Requested Approvals No wetlands were delineated on the Watertown Road site; however, one eroding gully was observed. Attachment A of this memo includes the Joint Application Form for Activities Affecting Water Resources in Minnesota, which is submitted to request WCA no wetland determination approval from the Minnehaha Creek Watershed District (LGU). Thank you. 47 C TPto 8M4MkdP--- - � � dustrsdl Boufevl�0 m r. R . US 77�CR 146 4P � ate a� Legend CSite Boundary 2021 hennepin parcels 1� Figure 1 - Site Location Long Lake (and) contributors, CC -BY -SA N 0 1,000 2245 Watertown Road (KES 2022-183) Feet Orono, Minnesota Note: Boundaries indicated K11 T u A T Th on this figure are approximate jo .n1-iuG RNWRONMENTAL SERVICES COMPAI\`Y and do not constitute an �wR official survey product. -�Y Source: ESRI Streets Basemap All runoff from this area discharges into eroding gully erodingHarrington Drive discharges into beginning t y , Legend O Catch Basin Culvert Area A '- - Wetland Gully (eroding) - Site Boundary Hennepin County Lidar Figure 2 - Existing Conditions (2020 Metro Photo) N 0 150 2245 Watertown Road (KES 2022-183) I I Feet Orono, Minnesota Note: Boundaries indicated �- ���� r3u A �� on this figure are approximate FNVIRON MENTAI- SFRVJCF5 COMPANY and do not constitute an official survey product. ►r►.► Source: MNGEO Spatial Commons 4'R"F"� '�. �.. . i F ■ w� 77 F PEM1AJOS i 3. J -a; 1 4r Ar PEM1A x ' - L.' ! • w r,MPEMU IRA SV • r 1 PEM1A PEM1A .�Alt � Figure 3 - National Wetlands Inventory N 0 250 2245 Watertown Road (KES 2022-183) Feet Orono, Minnesota Note: Boundaries indicated K11 T u A T Th on this figure are approximate jo •n1-iuG F.NWRONMENTAL SERVICES COMPAI\`Y and do not constitute an �wR official survey product. ►rY Source: MNGEO Spatial Commons, USFWS I A Figure 4 - Soil Survey 250 Feet KjoL HuG F.NVJRONMENT1i.SF.RVICES COMPAIN"Y Source: MNGEO Spatial Commons, USDA, NRCS 2245 Watertown Road (KES 2022-183) Orono, Minnesota Note: Boundaries indicated on this figure are approximate and do not constitute an official survey product. 2245 Watertown Road, Orono, MN No Wetland Determination Memo Attachment A - Joint Application Form for Activities Affecting Water Resources in Minnesota Project Name and/or Number: 2245 Watertown Road, Orono (KES#2022-183) PART ONE: Applicant Information If applicant is an entity (company, government entity, partnership, etc.), an authorized contact person must be identified. If the applicant is using an agent (consultant, lawyer, or other third party) and has authorized them to act on their behalf, the agent's contact information must also be provided. Applicant/Landowner Name: Tom Ryan Mailing Address: 2245 Watertown Road, Orono, MN 55356 Phone: 612-599-8100 E-mail Address: tom@fuseautotech.com Authorized Contact (do not complete if same as above): Mailing Address: Phone: E-mail Address: Agent Name: Melissa Barrett, Kjolhaug Environmental Mailing Address: 2500 Shadywood Road, Suite 130, Orono, MN 55331 Phone: 952-388-3752 E-mail Address: melissa@kjolhaugenv.com County: Hennepin PART TWO: Site Location Information City/Township: Orono Parcel ID and/or Address: 3411823330056, 0311723220022, 0311723220002, 0311723220001, 0311723220021 Legal Description (Section, Township, Range): Sec 34, T118, R23 Lat/Long (decimal degrees): Attach a map showing the location of the site in relation to local streets, roads, highways. Approximate size of site (acres) or if a linear project, length (feet): 4.67-ac If you know that your proposal will require an individual Permit from the U.S. Army Corps of Engineers, you must provide the names and addresses of all property owners adjacent to the project site. This information may be provided by attaching a list to your application or by using block 25 of the Application for Department of the Army permit which can be obtained at: http://www.mvp.usace.army.mil/Portals/57/docs/regulatorv/RegulatoryDocs/engform 4345 2012oct.pdf PART THREE: General Project/Site Information If this application is related to a delineation approval, exemption determination, jurisdictional determination, or other correspondence submitted prior to this application then describe that here and provide the Corps of Engineers project number. Describe the project that is being proposed, the project purpose and need, and schedule for implementation and completion. The project description must fully describe the nature and scope of the proposed activity including a description of all project elements that effect aquatic resources (wetland, lake, tributary, etc.) and must also include plans and cross section or profile drawings showing the location, character, and dimensions of all proposed activities and aquatic resource impacts. Application is for no wetland determination concurrence. Minnesota Interagency Water Resource Application Form — Revised May 2021 Page 3 of 12 r,r-r_! f}�+ �ti+ II ��� }�M M14i1M1�•r11 �F•F�1. �� �+.��+�2z•i1 �� PART FEWIR: Aquatic Re source WpUtl SumrnarY M r5w ry ='I #R`$TM�Mt * f it"l.@1 w-&VW NgW17 It 00 ■w1Kq rrt+�J l9 cf�I`f.4kTW'd, li4+. 0Jd4 42C I �' 'I RRrl r�1 - � ��W7* + &wjm 7I 1y�} -E•IC-d hl PC LA nL >k� CEW ld%d 1P-bWat t kl-d+ j-VA-h mad , A MO., ii "of *j.jIrqr}*rm L1 +1l : t thu 4IlMM7L'*y9MWh -r L;/ groom "** i-�'w�MdlY��}i>t11M oh*NEtl a g;AL!1. 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MMWV u * ! lH wM 1O kh* giwv Id4AAAw dm IAL t 4rt� aYJict1 k*n1. 4 #t 1* Wtl&L6t'!Y 14F &A OmIMD&WOLK In9F* l� V00 FMUL PART FIVE: Appli-ca rat Sign aturs IN.jU ••0+ x•!,- 1 4nlFPf sir! tFr VrLgtW DM In tqk MOKx jp4]L'Mp4v"4 wA2ONr 14-rp.*.+ wpwd thrd 4 i"" Ali" .1014L-r- � r Ir- .kmg%r.c;q;;riL'1 i* h1 gh%Nq WW f k e py jotft MM k�qm R i1t VOWS @PPL13rbon Wd iWfbr-i+a+IPP^ E &WOMIOAntil WI INrdw r` F+~ d TMk Oxparrim z n',11 e1•1 '4�� ++,� Ld 4hY �erel � PN4a 1,Q, �*++ � ■ � sr+* � � FBI ii ktiJl w. rY�F r4 �1� *a k WM that WAY a MOM WPPr r 91 " 024 W OW910W" +IM`r+ry i "M#Prt WO bmrkahr Lf Perms - Fev% d Owr JL 0 iz Project Name and/or Number: 2245 Watertown Road, Orono (KES#2022-183) Attachment A Request for Delineation Review, Wetland Type Determination, or Jurisdictional Determination By submission of the enclosed wetland delineation report, I am requesting that the U.S. Army Corps of Engineers, St. Paul District (Corps) and/or the Wetland Conservation Act Local Government Unit (LGU) provide me with the following (check all that apply): ❑ Wetland Type Confirmation ® Delineation Concurrence. Concurrence with a delineation is a written notification from the Corps and a decision from the LGU concurring, not concurring, or commenting on the boundaries of the aquatic resources delineated on the property. Delineation concurrences are generally valid for five years unless site conditions change. Under this request alone, the Corps will not address the jurisdictional status of the aquatic resources on the property, only the boundaries of the resources within the review area (including wetlands, tributaries, lakes, etc.). Application is for no wetland determination concurrence. ❑ Preliminary Jurisdictional Determination. A preliminary jurisdictional determination (PJD) is a non -binding written indication from the Corps that waters, including wetlands, identified on a parcel may be waters of the United States. For purposes of computation of impacts and compensatory mitigation requirements, a permit decision made on the basis of a PJD will treat all waters and wetlands in the review area as if they are jurisdictional waters of the U.S. PJDs are advisory in nature and may not be appealed. ❑ Approved Jurisdictional Determination. An approved jurisdictional determination (AJD) is an official Corps determination that jurisdictional waters of the United States are either present or absent on the property. AJDs can generally be relied upon by the affected party for five years. An AJD may be appealed through the Corps administrative appeal process. In order for the Corps and LGU to process your request, the wetland delineation must be prepared in accordance with the 1987 Corps of Engineers Wetland Delineation Manual, any approved Regional Supplements to the 1987 Manual, and the Guidelines for Submitting Wetland Delineations in Minnesota (2013). http://www.mvp.usace.army.mil/Missions/Regulatory/DelineationJDGuidance.aspx Minnesota Interagency Water Resource Application Form — Revised May 2021 Page 5 of 12 2245 Watertown Road, Orono, MN No Wetland Determination Memo Attachment B — Climatic/Precipitation Information 10/22/22, 7:06 AM Precipitation Documentation Worksheet Using Gridded Database Minnesota State Climatology Office State Climatology Office - DNR Division of Ecological and Water Resources home I current conditions I journal I past data I summaries I agriculture I other sites I about us 1) Precipitation Worksheet Using Gridded Database Precipitation data for target wetland location: county: Hennepin township number: 118N township name: Medina range number: 23W nearest community: Long Lake section number: 34 Aerial photograph or site visit date: Thursday, October 20, 2022 Score using 1991-2020 normal period values are in inches first prior month: second prior month: third prior A'R' following a monthly total indicates a provisional value derived from September August month: radar -based estimates. 2022 2022 July 2022 estimated precipitation total for this location: 0.48R 3.69R 1.53R there is a 30% chance this location will have less than: 2.07 2.84 2.91 there is a 30% chance this location will have more than: 4.24 5.82 5.07 type of month: dry normal wet dry normal dry monthly score 3* 1= 3 1 2* 2= 4 1* 1= 1 multi -month score: 8 (Dry) 6 to 9 (dry) 10 to 14 (normal) 15 to 18 (wet) Other Resources: ■ retrieve daily precipitation data ■ view radar -based precipitation estimates ■ view weekly precipitation maps ■ Evaluating Antecedent Precipitation Conditions (BWSR) https://climateapps.dnr.state. mn.us/grid ded_data/precip/wetland/worksheet. asp? passXutm83=454774&passYutm83=4981510&passcounty=Hennepin... 1 /1 t� 7 0 3/30/22 4/14/22 4/29/22 5/14/22 5/29/22 6/13/22 6/28/22 7/13/22 7/28/22 8/12/22 8/27/22 9/11/22 9/26/22 0 monthly precip — daily precip 30d rolling total 2245 Watertown Rd Long Lake, MN 55356 Ditch Restoration I have resided at the aforementioned address for over 30 years. During this time, a drainage ditch has consistently run through my property. It flows briefly after storm events but remains dry for most of the year since I acquired the home. The channel has always maintained a fairly level and stable condition, with vegetated side slopes. In 2017, the cities of Long Lake and Orono initiated an "improvement" project for Watertown Road and the surrounding streets. This project included the installation of curbs and gutters and a rerouting of the neighborhood's runoff from north Watertown Road directly into the drainage ditch on my property through an upgraded culvert. Additionally, erosion fabric was placed from the new culvert to approximately 20 feet downstream in the existing ditch. However, these road enhancements led to a higher volume of stormwater runoff being directed to the culvert. This, in turn, resulted in severe erosion extending well beyond the 20-foot area that was fortified. The side slopes lost their vegetation, the channel bottom became unstable, and it started eroding backward toward the culvert. Despite my numerous unsuccessful attempts to elicit a response from the city, I eventually reached out to the Mayor, who conducted a site visit with other city employees. He remarked that it was the most severe erosion he had ever seen and committed the city to participate in the restoration efforts. We reached an agreement in which I, as the homeowner, would oversee the site work, including labor and equipment, and provide the necessary fabric, while the city would supply the riprap. To ensure the proper execution of this project, the city required me to obtain the necessary permits. This involved a property survey, which has been successfully completed by Gronberg and Associates. Furthermore, a wetland delineation was conducted in collaboration with The Corps of Engineers, Minnehaha Creek Watershed District, and Kjolhaug Environmental Services. All of these assessments concluded that there are no wetlands on the property and unanimously attributed the erosion to the rerouting of runoff resulting from the 2017 road construction. The Ditch Restoration proposal by Gronberg and Associates will effectively manage runoff and prevent future erosion. The proposal aims to slow the flow of storm events through the channel and prevent future erosion and backward erosion. The plan also rectifies an unstable eroding cutbank of nearly 90 degrees. I have personally covered all associated costs and will continue to fund the restoration. The City of Orono has agreed to provide the riprap. None of these efforts would have been necessary if they had not redirected the runoff directly onto my property. The estimate from Gronberg and Associates indicates a need for approximately 200 cubic yards of riprap. Sincerely, Tom Ryan Tom Ryan 2245 Watertown Rd Long Lake, MN 55356 Ditch restoration estimate. Riprap I spoke with Mark Gronberg, his estimate is 200 CY based on 210 foot long ditch, by 5 feet across the bottom and 3 feet sloop on each side. Include in that estimate are 2 check dams @ 10 CY each. Depth of 2' along the bottom, 1 foot depth on the sides. Check Dams 2@10 CY = 20CY Bottom/ Sides 180 CY Total 200 CY Excavation work to be covered by homeowner Fabric cost covered by homeowner If we need to bring in additional fill will be covered by homeowner. PROPOSED DITCH PLAN & PROFILE FOR TOM RYAN IN SEC'S 3-117-23, 34-118-23 & OF OUTLOT B, THE NURSERY HENNEPIN COUNTY, MINNESOTA 0) 0) CENTERLINE OF MINNEAPOLIS- WATERTOWN R 0 30 60 we S C A L E I N F E E T (0 C & IPA 'Q 005 CPO\ .......... VC0 Z l\ ....... __ :-: — — — — —, ft-ft STAPLES ATTACHED 9�4 976, ST, -9-1b — — — — — — PER MANUFACTURE 9-77. CH 77 RECOMMENDATION Coo 68- —9 -tD -RRO-POS R� —RMEA-BLE -jo- ROCK C`HEG<DAM­ RESTORE D1$TURBED ..... ... .... .. .,�AREAS WITH -6\' OF ENDSANCHORED co TOPSOIL, SEED &,\ MULCH IN TRENCH ENDS ANCHORED IN TRENCH EDGES OVERLAPPED n OP Cj ri 1) EXISTING ITCH DIVIDING PROPOSED RE—ROUTED r_� ROUTE DITCH 68 LINE �2.35- AC. `/: POINT An I POINT "A" // - ""'----."" ' I j /. �S. ` \ \ ` -_._ --- 6. POINT �T PATIO 24" PR( -.,OSED PERMEABLE GEOT.TILE FABRIC TYPE IV (SPEC.3733) ALONG BOTTOM OF RIPRAP PROPOSED CATEGORYROC CHECK DAM POOL ROCK DITCH CHECKS EROSION CONTROL FILTER BERMS TYPE 3 (ROCK WEEPER)OR FILTER TYPE 5 (ROCK)(D BLANKET ALONG FOR USE ON ROUGH -GRADED AREAS kDITCH BOTTOM ONLY FOR USE OUTSIDE CLEAR ZONEQ PATIO 'VND SIDES 2 A' *�,,PROPOSED SILT FENCE 9>6 \ \Ix ................. --­--------------------- ............... ------------------------- ­------------------ ­---------- I ----------- ------------ ........................ .......................................................................... ------ --­------------------- ------------- ------------ ---------------------- ------------- ------ -------------- I ---------- ------------------- ----- ------------ - ----- - -- ---- -------------------- ---------- -------- ---- ---- -----------------------­ ------------------------- -------- ...... ....... ----------------- ------------------------- ------------ --------------- ......... I-- ------------------------ ----- : ---------------- .. ... ........................ ................................................. - ------------------ ------------- - ------- ----------- PROPOSED DITCH PROFILE ----------------- ........ -------- I ---------- ------------------------- ---------------- ........ ................ -------------- ------------ .... : ------------------------- ----------- --------- ------------------------- -------- -------------- ------------------------- ------- ------------ ------ --------------- ----------------- -------------- --------- — ........ ------ I ---------- -------------- ..... PROPOSED DITCH SECTION - .... . ..... ­­ ---------- ------- ----------------------------------- ----------- - --------------------------------- ------- ----------------- ---------------- -- - ---------- - ------ - - ---- --------- ------------- ------ ------ -------------- --- - ---------- --------- ----------------- --- --- ---- ----- - --- ------ - ------ ----------- - --- ----- ------ ........ ------------- ----- ---------- ------------------------- ........... ------------------------------- -------------- -----------­ -------- --- ----------------- -------------- -------------------- - ------------: ------ ----- ---- -- --- -- -------------- ----- - - ------- -------- ------------------------- ---- ---- ------- - ----------- ------------------------- --- ------- --- ---- ---- -- ---- -- ------ -- ---- - ---------- - -------- - --------- -- ---------- ---- ---- ------ -------- ----- ------------- .......... �: .......... __ ---- --- ------------- � _.: ..... - ­­­­ ---- - ------- ---- - -- ------------------ ---- - - --------- -------------- '975 .................. ----- --------- ------------ -- ------- ................................................. ........................ --------- ------------------- -- ----------- ----------------- ................................................. ----------- -- ------------ ---------------- ------ ------- -------- ............. -- ---- - -------- --- - -- ---------------- ----------- ------ - --------- ----- -------------- --------- -- --- ........................ ........................ ........................ ................................................. ---- -- -- - ----- - -- ---- -- - -- ---- --- ---- - - -- -------- - ------- ----------- -------------------------- ---------------------- ------ -------- ---------------- - -- ---- ----------- ------ --- - - ----- --- ---- --------- ----- ------------ ........... ......... ........................ ............. ........... -------- ---------- ---------- ------ -- - ------- ---- ---- -------- -------------------------------- ------------------ ------ ------------------------- ------------ --------------------------------- - -------- ----------------------- -­----­- ------ -------- ------------------------------------ - ------- - --: - - ------- ---- -- - --- ----- ---- ------------------ ........ ........ --------------- ------------------------- -------------- T - ---------- -------- --------------------- --------------------------------------- --------- ------------------------- --------- ------------------- - - - ---------- ------- - - - - --------- ------------------- -- ---- - ------ - ---- ---- -- --------------- - - --------- - -------------------- ....... 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SCALE 111=20' DATE 8-23-23 JOB NO. 22-052 Mark S. Gronberg Minnesota License Number 12755 22-052 Joseph Olson Rusty Olson's--Soil and Percolation Testing Joseph J. Olson--MPCA License 9810 11481 Riverview Rd. NE, Hanover, MN 55341 (763) 498-8779 Cell (612) 296-7715 September 14, 2023 Thomas Ryan 2245 Watertown Road Orono, Hennepin County Proposed Lot 1 This on -site Sewage Treatment System is partly designed for a Type 1, five -bedroom home in accordance with the Minnesota Pollution Control Agency Chapter 7080 and local ordinances. Once the house location, lowest floor elevation is chosen this design can be completed. The periodically saturated soils were located at 12 Inches (mottled soil). Due to the periodically saturated soils, a pressurized mound system will need to be installed to treat the septic effluent. The bottom of the treatment area must be located at least 3' above the saturated soils. This system is designed with 6 inches of rock. All tanks need to be insulated if there is less than two feet of cover over the top of the tanks. Clean outs must be installed on the end of the laterals for maintenance. A 2250-gallon septic tanks need to be installed or its equivalent. A 1250-gallon pumping chamber will need to be installed to lift the effluent to the treatment area. The power supply and switches must be located outside the manhole and pumping chamber in a weatherproof enclosure. A warning device must be installed with light and sound devices; this is in case of a pump failure. A flow measurement device must be installed. Including but not limited to a water meter, event counter, running time clocks or electronically controlled dosing. Keep all heavy equipment off of the proposed treatment areas before and after construction. The treatment area must be fenced off before construction begins. This Design is not valid & the System will need to be relocated if failure to protect the areas proposed for the On -Site Sewage Treatment systems occurs. With proper installation and maintenance, this system should have no problem in treating septic effluent effectively. Nothing other than gray water, (laundry, showers, etc.) Human water and toilet tissue should be disposed of into the septic tanks. Iron filters and large volume water treatment systems cannot go into the septic system. Garbage disposals are not recommended. Additives must not be used they may cause harmful damage to your septic system. It is recommended that you pump the septic tanks every two years. Sincer ly, Joseph J. Olson .. � sae � • i �nm :N PO ` p0p 0NA J _x 4.1biW]� :G125.0 Am ',m 25.0 0 m — I Zif 50 24.5 \\I N n z4-- w � rn I - I � -\ �RlVEWA � � •� o� � ;---_--�\,tip ��� �o �•:°�, o 2 �1 Z�O d w m tI IIj\\ -7 20 II� c, I A4 N —Z HI E-< K Mix Cl zoa LP 1,3 uo 44 t 611-49k 40.00 s dbK s. _Z fE iss jwl I v Am— s! sz! U- lit OE Vf --err- al 1.5- -Z -------- r j7P 4 Z � �69 vii, Ill, it 41 P, Im .4 .2 7."t —:Aziep ­4 a i --------------- 'A RE7 N �SA z z 15 hs- 81 bv� hif- spy i 0 E­1 F4 -43 9 1 M A0,Gil.00 N-- la 40 IS r vs 2011 purple code Mound Design www.SepticFtesource.com (vers 22.2) Property Owner: Thomas Ryan Date: 9/14/2023 Site Address: 2245 Watertown Road PID: 3411823330056 Comments: Proposed lot 1 instructions: = = enter data = adjust if desired = computer calculated - DO NOT CHANGE! 1) bedroom Type �I Residential System 2) 750 GPD design flow 3) Yes Garbage disposal or pumped to septic 50% larger tank with multiple comp/tanks 4) 2250 Gal Septic tank (code minimum) 2250 Gal Septic tank (design size / LUG req'd) Tank options: Multiple tanks or compartments req'd s, 1.2 GPD/ft2 mound sand loading rate contour loading rate of 12 req's a min 62.5 ft. long rockbed b) 10.D ft rockbed width b2.5 ft rockbed length 7) 3.0 ft lateral spacing 3A ft perforation spacing (maximum of 3 for both) end feed manifold connection 8) 0laterals b0.5 feet long 21.0 perfs / lateral 63 perfs total (1 /2 a perf means the first perf starts at the middle feed manifold) y) 7/32 inch perfs at feet residual head gives 0.56gpm flow rate per perforation for this perf size & spacing, I$ pipe size on line 12, max perfs/lateral = 30 line #8 must be less > OK 10) 4.0 doses per day (4 minimum) 11 i 188 gallons per dose (treatment volume) lie) 2.00 inch diameter laterals must be used to meet'Ax pipe volume" requirement 13) feet of 2.0 inch supply line leads to ##### gallons of drainback volume (Tip: "top feed" manifold to control the drainback) 14) ###### gallons TOTAL pump out volume (treatment + drainback) i>) feet vertical lift from pump to mound laterals, leads to a: lh 3b GPM @ ##### feet of head, Pump requirement (note: >50gpm may require an extra 3-6' of head) 17) 750 gal Dose tank (code minimum) 1250 gal Dose tank (design size / LUG req'd) at 25.49 gpi Leads to a: I Optional Time dosing of: 18) ###### inch swing on Demand float, (this delivers Average flow, =70% of Peak design flow) ##### min ON 19) Winches inches from bottom of tank to "Pump OFF" float ##### hrs OFF 20) inches from bottom of tank to "Pump ON" float 12 inches to "Timer ON" float 21) from bottom of tank to "Hi Level" float ##### inches to "Hi LeveV float 22) ###### gallons reserve capacity (after High Level Alarm is activated -demand dosed) hsi 28) 31) 0.45 gpd/ft2 Absorption area Soil Loading Rate, which gives a mound ratio of 2.7 (minimum) (this must match the soil boring log) desired mound ratio 2.7 12 percent site slope (0-20% range) 12 (% downslope site slope, if different than upslope) 12 inches, or 1.0 ft. to Redox or other limiting condition (need at least 12" to be a Type 1) Treatment zone contains=inches of 0% soil credit, and inches of 50% soil credit. Giving a: 24 inch, or 2A ft. Sand Lift Mound CRITICAL FOR FUTURE CERTIFICATIONS!!! 27.0 ft.Total ABSORPTION width (with sand beyond rockbed as follows:) 0.0 ft. upslope and sideslope 17.0 ft. Downslope Individual slope ratios give BERM widths (topsoil beyond rockbed) of: 4:1 upslope ratio 10 ft. upslope berm 3:1 sideslope 15 ft. sideslope berms 3:1 downslope 23 ft. downslope berm Overall Dimensions: berm Limiting Condi L10.0 ft. wide by 62.5 ft. long Rock bed Z43 ft. wide by 1 93 ft. long Mound footprint 4" inspection pipe (-- 18" cover- on top iul 2.0 Clean sand lift E1.0 Depth to Limiting n- - - - - -------- r Absorption Width berm 23 1 2" carer on sides (6" loamy cap & 6" topsoil) 27.0 {------. -_-- Note: For 0 to 1% slopes, 4,bsorption Width is measured from the Bedequally in both directions. For slopes >1%, ,4hsorptiora Width is measured downhill from the upslope edge of the Bed Rock Bed: ft. by E2Eft. by ©inches under pipe, plus 20% gives 21 yd' or "1.4= 29 ton Mound Sand: (note: volume is based on 3:1 /4:1 slope from top of rockbed, Exchange sand for loamy cap if desired) 38.0 up + 132.5 downslope 19.6 ends + 60.2 under rock = 300 yd' or -1.4= 421 ton plus 20% Loamy Cap: 39 ft. by 89 ft. 6" deep, plus 20% gives 36y Topsoil: 77 yd' or *1.4= 108 ton 43 ft. by 93 ft. 6" deep, plus 20% gives 89 yd' or -1.4= 125 ton I hereby certify that I have completed this work in accordance with all applicable ordinances, rules and laws. Rusty Olson's Soil li Perc 810 9/14/2023 esigner Signature Company License# Date Soil Observation Log www.SepticResource.com vers 12.4 Owner Information Property Owner / project: Thomas Ryan Date 5/17/2023 Property Address 1 P1D: 2245 Watertown Road (Lot 1) Soil Survey Information ❑ refer to attached soil survey Parent matl's: ❑� Till ❑ Outwash ❑ Lacustrine ❑ Alluvium ❑ Organic ❑ Bedrock landscape position: ❑ Summit ❑ Shoulder ] Side slope ❑ Toe slope soil survey map units: L22U2 slope 6-12 % direction- Linear Soil Log #1 <] Boring ❑ pit Elevation 972.5 Depth to SHWT 26 inches Depth (in) Texture fragment % matrix color redox color consistence grade shape 0-19 Loam -35 1Oyr2/1 Friable Strong Block. 18-26 Clay Loam <35 1Oyr4/3 Friable Strong Block< 26-30 Clay Loam <35 1Oyr5/4 I Oy4/8,1-6/1 Oy Firm Strong Blocky <35 loose loose single grain 35 - SO friable weak granular blocky >50 firm moderate prismatic platy rigid strong massive <35 loose loose single grain 35 - 50 friable weak granular blocky >50 firm moderate prismatic platy rigid strong massive Comments: 2245 Watertown Road (Lot 1) Soil Log 42 El Boring ❑ Pit Elevation 974.7 Depth to SHWT 12 inches Depth (in) Texture fragment % matrix color redox color consistence grade shape 0-26 Loam <35 1Oyr2/1 Friable Moderate Blocky 26-36 Clay Loam <35 1Oyr4/3 I Oy4/8,1-6/1 Oy Friable Strong Blocky <35 loose loose single grain 35-50 friable weak granular blocky >50 firm moderate prismatic platy rigid strong massive <35 loose loose single grain 35-50 friable weak granular blocky >50 firm moderate prismatic platy rigid strong massive <35 loose loose single grain 35 - 50 friable weak granular blocky >50 firm moderate prismatic platy rigid strong massive 2245 Watertown Road (Lot 1) Soil Log #3 1] Boring ❑ Pit Elevation 970.3 Depth to SHWT 12 inches Depth (in) Texture fragment % matrix color redox color consistence grade shape 0-22 Loam <35 1Oyr2/1 Friable Strong stocky 22-28 Clay Loam <35 10yr3/2 10y4/8 Firm Strong Blocky <35 loose loose single grain 35 - 50 friable weak granular blocky >50 firm moderate prismatic platy rigid strong massive <35 loose loose single grain 35 - SO friable weak granular blocky >50 firm moderate prismatic platy rigid strong massive <35 loose loose single grain 35 - SO friable weak granular blocky >50 firm moderate prismatic platy rigid strong massive I hereby certify this work was completed in accordance with MN 7080 and any local req's. Rusty Olson's Soil & Perc 810 signer Signature Company License # 2245 Watertown Road (Lot 1) Soil Log 94 PI Boring ❑ pit Elevation 970.7 Depth to SHWT 12 inches Depth (in) Texture fragment % matrix color redox color consistence grade shape 0-20 Loam <35 IOyr2/1 Friable Strong Blocky 20-24 Clay Loam <35 2.5y3/2 IOy4/8 Friable Strong Block. 24-30 Clay Loam <35 2.5y5/3 1Oy418,1-6/10y Firm Strong Block\ <35 loose loose single grain 35 - 50 friable weak granular blocky >50 firm moderate prismatic platy rigid strong massive <35 loose loose single grain 35 - 50 friable weak granular blocky >50 firm moderate prismatic platy rigid strong massive 2245 Watertown Road (Lot 1) Soil Log #5 0 Boring ❑ pit Elevation 970.9 Depth to SHWT 12 inches Depth (in) Texture fragment % matrix color redox color consistence grade shape 0-22 Loam <35 1Oyr2/1 Friable Strong I; u k� 22-28 Clay Loam <35 1Oyr3/2 IOy4/8 Firm Strong Blocky <35 loose loose single grain 35 - 50 friable weak granular blocky >50 firm moderate prismatic platy rigid strong massive <35 loose loose single grain 35 - 50 friable weak granular blocky >50 firm moderate prismatic platy rigid strong massive <35 loose loose single grain 35 - 50 friable weak granular blocky >50 firm moderate prismatic platy rigid strong massive I hereby certify this work was completed in accordance with MN 7080 and any local req's. Rusty Olson's Soil & Pere 810 gner Signature Company License 4 Soil Observation Log www.SepticResource.com vers 12.4 Owner Information Property Owner / project: Thomas Ryan Date 5/17/2023 Property Address / PID: 2245 Watertown Road (Lot 1) Soil Survey Information ❑ refer to attached soil survey Parent matl's: 0 Till ❑ Outwash ❑ Lacustrine ❑ Alluvium ❑ organic ❑ Bedrock landscape position: ❑ summit ❑ Shoulder Ll Side slope ❑ Toe slope soil survey map units: L22C2 slope 6-12 % direction- Linear Soil Log 46 0 Boring ❑ Pit Elevation 970.3 Depth to SHWT 12 inches Depth (in) Texture fragment % matrix color redox color consistence grade shape 0- l 8 Loam <35 10yr2/1 Friable Strong Blocky 18-26 Clay Loam 10Nr32 10y4/8 Friable Strong Blocky ?6-30 ('la% Loam 5y5/3 10y4/8,1-6/10y Firm Strong Blocky <35 loose loose single grain 35 - 50 friable weak granular blocky >50 firm moderate prismatic platy rigid strong massive <35 loose loose single grain 35 - 50 friable weak granular blocky >50 firm moderate prismatic platy rigid strong massive Comments: 2245 Watertown Road (Lot 1) Soil Log 97 0 Boring ❑ pit Elevation 975.3 Depth to SHWT 12 inches Depth (in) Texture fragment % matrix color redox color consistence grade shape 0-18 Loam <35 IOyr211 Friable Strong Blocky loose loose single grain 18-24 Clay Loam <35 10yr4/3 10y4/13,1-6/10y friable weals granular blocky firm moderate prismatic platy rigid strong massive <35 loose loose single grain 35 - SQ friable weak granular blocky firm moderate Prismatic platy >50 rigid strong massive <35 loose loose single grain 35 - 50 friable weak granular blocky >50 firm moderate prismatic platy rigid strong massive <35 loose loose single grain 35 - 50 friable weak granular block >50 firm moderate prismatic platy rigid strong massive 2245 Watertown Road (Lot 1) Soil Log 48 El Boring ❑ Pit Elevation 975.0 Depth to SHWT 12 inches Depth (in) Texture fragment % matrix color redox color consistence grade shape 0-18 Loam <35 1Oyr2/1 Friable Strong Bloclry loose loose single grain 18-24 Clay Loam <35 10yr4/3 10y4/8,1-5/10y friable weak granular blocky firm moderate prismatic platy rigid strong massive <35 loose loose single grain 35- sa friable weak granular blocky >50 firm moderate prismatic platy rigid strong massive <35 loose loose single grain 35 - 50 friable weals granular blocky >50 firm moderate prismatic platy rigid strong massive <35 loose loose single grain 35 - SQ friable weak granular blocky >50 firm moderate prismatic platy rigid strong massive 1 hereby certify this work was completed in accordance with MN 7080 and any local req's. Rusty Olson's Soil & Pere 810 esigner Signature Company License # Joseph Olson Rusty Olson's--Soil and Percolation Testing Joseph J. Olson--MPCA License #810 11481 Riverview Rd. NE, Hanover, MN 55341 (763) 498-8779 Cell (612) 296-7715 September 14, 2023 Thomas Ryan 2245 Watertown Road Orono, Hennepin County Proposed Lot 2 This on -site Sewage Treatment System is partly designed for a Type 1, five -bedroom home in accordance with the Minnesota Pollution Control Agency Chapter 7080 and local ordinances. Once the house location, lowest floor elevation is chosen this design can be completed. There ma be more septic sites available for this lot. The periodically saturated soils were located at 12 Inches (mottled soil). Due to the periodically saturated soils, a pressurized mound system will need to be installed to treat the septic effluent. The bottom of the treatment area must be located at least 3' above the saturated soils. This system is designed with 6 inches of rock.. Ali tanks need to be insulated if there is less than two feet of cover over the top of the tanks. Clean outs must be installed on the end of the laterals for maintenance. A 2250-gallon septic tanks need to be installed or its equivalent. A 1250-gallon pumping chamber will need to be installed to lift the effluent to the treatment area. The power supply and switches must be located outside the manhole and pumping chamber in a weatherproof enclosure. A warning device must be installed with light and sound devices; this is in case of a pump failure. A flow measurement device must be installed. Including but not limited to a water meter, event counter, running time clocks or electronically controlled dosing. Keep all heavy equipment off of the proposed treatment areas before and after construction. The treatment area must be fenced off before construction begins. This Design is not valid & the System will need to be relocated if failure to protect the areas proposed for the On -Site Sewage Treatment systems occurs. With proper installation and maintenance, this system should have no problem in treating septic effluent effectively. Nothing other than gray water, (laundry, showers, etc.) Human water and toilet tissue should be disposed of into the septic tanks. Iron filters and large volume water treatments stems cannot go into the septic system. Garbage disposals are not recommended. Additives must not be used they may cause harmful damage to your septic system. It is recommended that you pump the septic tanks every two years. Sincer y, Joseph J. Olson m m 7' N S fl J Q (0 cr Q w m a D 0 M N D Q_ 0 N _\ CC IMO m 07. — I � I � `�, %Y �` 1 I �1 � \ 1 •', •� gib,;, 110, I I .m i / \ y \ I 7 —— I �`__� -- yam_ / � /:• ., fr o�_x / t _ I 1 I ��:�-- .................. J - j }}1 I 50 moo mm. PZ mNn. i 1 r PC ............:. S 00.04' 15"—W/ 130.01 m i a W 00 Ile rwzo N2m F M,00°45'00" W AIX _n o egos z 7t I I , " alFla- gu q 'dgs -mane �o sr NB a s.�ra Ngr fg e?�"��� dm 30 y �Ir-------- v 'S ! 91E V_� �pR N 2011 purple code Mound Design www.SepticResource.com (vers 22.2) Property Owner: Thomas Ryan Date: 9/14/2023 Site Address: 2245 Watertown Road PID: 3411823330056 Comments: Proposed lot 2 instructions: F_� = enter data 0 = adjust if desired 0 = computer calculated - DO NOT CHANGE! 1) bedroom Type Residential System 2.) 750 GPD design flow 3) Yes Garbage disposal or pumped to septic 50% larger tank with multiple comp/tanks 4) 2250 Gal Septic tank (code minimum) Z250 Gal Septic tank (design size / LUG req'd) Tank options: Multiple tanks or compartments req'd 51 1.2 GPD/ft2 mound sand loading rate contour loading rate of 12 req's a min 62.5 ft. long rockbed 6) 10.0 ft rockbed width b2.5 ft rockbed length 7) 3.0 ft Lateral spacing 3.0 ft perforation spacing (maximum of 3 for both) end feed manifold connection 81 laterals 60.5 feet long 21.0 perfs / lateral 63 perfs total (1 /2 a perf means the first perf starts at the middle feed manifold) 9) 7/32 inch perfs atfeet residual head gives 0.56gpm flow rate per perforation for this perf size Et spacing, Et pipe size on line 12, max perfs/Lateral = 30 , line #8 must be less > OK tn) 4.0 doses per day ( 4 minimum) 111 188 gallons per dose (treatment volume) 12) 2.00 inch diameter laterals must be used to meet 'Ax pipe volume" requirement 13) Ofeet of 2.0 inch supply line leads to ##### gallons of drainback volume (Tip: "top feed" manifold to control the drainback) t4) ###### gallons TOTAL pump out volume (treatment + drainback) 15) Bfeet vertical lift pump to mound laterals, leads to a: 16) 36 GPM @ ##### feet of head, Pump requirement (note: >50gpm may require an extra 3-6' of head) 17) 750 gal Dose tank (code minimum) 1250 gal Dose tank (design size / LUG req'd) at 25.49 gpi leads to a: Optional Time dosing of: 18) ###### inch swing on Demand float, (this delivers Average flow, =70% of Peak design flow) ##### min ON 19) Winches inches from bottom of tank to "Pump OFF" float ##### hrs OFF 20) inches from bottom of tank to "Pump ON" float 12 inches to "Timer ON" float 21) from bottom of tank to "Hi Level" float ##### inches to "Hi Level" float 22) ###### gallons reserve capacity (after High Level Alarm is activated -demand dosed) 31) 32) 35) 0.45 gpd/ftz Absorption area Soil Loading Rate, which gives a mound ratio of 2.7 (minimum) (this must match the soil boring log) desired mound ratio 2.7 0percent site slope (0-20% range) 0 (% downslope site slope, if different than upslope) 12 inches, or 1.0 ft. to Redox or other limiting condition (need at least 12" to be a Type 1) Treatment zone contains=inches of 0% soil credit, and ©inches of 50% soil credit. Giving a: 24 inch, or 2.0 ft. Sand Lift Mound CRITICAL FOR FUTURE CERTIFICATIONS!!! 27.0 ft.Total ABSORPTION width (with sand beyond rockbed as follows:) 0.0 ft. upslope and sideslope 17.0 ft. Downslope Individual slope ratios give BERM widths (topsoil beyond rockbed) of: 4:1 upslope ratio 11 ft. upslope berm 3:1 sideslope 14 ft. sideslope berms 3:1 downslope 20 ft, downslope berm Overall Dimensions: berm 2.0 1.0 l_9rniting Condition 10.0 ft. wide by 62.5 ft. long Rock bed 41 ft. wide by 1 91 ft. long Mound footprint 4" inspection pipe r-- 18" cover on top Downslope berm 20 12" cover on sides (6" loamy cap & 6" topsoil) Clean sand lift Depth to Limiting -—`— Absorption Width 27.0 —`-- `I ------ Note: For 0 to 1% slopes, Absorption Width is measured from the Beo'equally in bath directions. For slopes >1%, Absorption Wdth is measured downhill from the upslope edge of the Bed Rock Bed: 10.0 ft. by 62.5 ft. by ©inches under pipe, plus 20% gives 21 yd' or -1.4= 29 ton Mound Sand: (note: volume is based on 3:1 /4:1 slope from top of rockbed, Exchange sand for loamy cap if desired) 40.4 up + 97.8 downslope + 16.9 ends + 56.7 under rock = 254 yd' or �1.4= 356 ton plus 20% Loamy Cap: 37 ft. by 87 ft. 6" deep, plus 20% gives 36) Topsoil: 72 yd' or `1.4= 101 ton 41 ft. by 91 ft. 6" deep, plus 20% gives 83 yd' or "1.4= 116 ton I hereby certify that I have completed this work in accordance with all applicable ordinances, rules and laws. Rusty Olson's Soil Et Perc 810 9/14/2023 esigner Signature Company License# Date Soil Observation Log www.SepticResource.com vets 12.4 Owner Information Property Owner / project: Thomas Ryan Property Address / PID: 2245 Watertown Road (Lot 2) Date 5/27/2023 Soil Survey Information ❑ refer to attached soil survey Parent mates: 0 Till ❑ Outwash ❑ Lacustrine ❑ Alluvium ❑ Organic ❑ Bedrock landscape position: ❑ summit ❑ Shoulder ❑ Side slope 0 Toe slope soil survey map units: L22C;2 L132A slope 6-9 % direction- linear Soil Log #1 p Boring ❑ Pit Elevation 966.9 Depth to SHWT 12 inches Depth (in) Texture fragment % matrix color redox color consistence grade shape 0-30 Loam <-35 10yr2/1 Friable Strong Block} 30-40 Loam .35, 10yr3/1 10y4/8 Friable stron<a 131ock} <35 loose loose single grain 35 - 50 friable weak granular blocky >50 finn moderate prismatic platy rigid strong massive <35 loose loose single grain 35 - 50 friable weak granular blocky >50 firm moderate prismatic platy rigid strong massive <35 loose loose single grain 3s - sa friable weak granular blocky >50 firm moderate prismatic platy rigid strong massive Comments: 2245 Watertown Road (Lot 2) Soil Log #2 121 Boring ❑ Pit Elevation 966.9 Depth to SHWT 12 inches Depth (in) Texture fragment % matrix color redox color consistence grade shape 0-26 Loam <35 10yr2/1 Friable Strong Block\ 26-36 Loam <35 10yr3/1 IOy4/8 Friable Strong llock� < loose loose single grain 35-50 friable weak granular blocky >50 firm moderate prismatic platy rigid strong massive <35 loose loose single grain 35-50 friable weak granular blocky >50 firm moderate prismatic platy rigid strong massive <35 loose loose single grain 35-50 friable weak granular blocky firm moderate prismatic platy >50 rigid I strong massive 2245 Watertown Road (Lot 2) Soil Log #3 ❑J Boring ❑ Pit Elevation 965.0 Depth to SHWT 12 Inches Depth (in) Texture fragment % matrix color redox color consistence grade shape 0-20 Loam <35 10yr2/1 Friable Strong Blocky 20-30 Loam <35 10yr3/1 10y4/8 Friable Strong Block} <35 loose loose single grain 35 - 50 friable weak granular blocky >50 firm moderate prismatic platy rigid strong massive <35 loose loose single grain 35 - 50 friable weak granular blocky >50 firm moderate Prismatic platy rigid strong massive <35 loose loose single grain 35 - >0 friable weak granular blocky �0 firm moderate prismatic platy rigid strong massive I hereby cert' this vork was completed in accordance with MN 7080 and any local req's. _Rusty Olson's Soil & Perc 810 esigner Signature Company License # 2245 Watertown Road (Lot 2) Soil Log #4 ❑ Boring ❑ pit Elevation 967.2 Depth to SHWT 12 Inches Depth (in) Texture fragment % matrix color redox color consistence grade shape 0-30 Loam <35 1Oyr2/1 Friable Strong Blocky 30-40 Loam <35 1 Ovr3 "1 1Oy4/8 Friable Strong Blocky <35 loose loose single grain 35-50 friable weak granular blocky >50 firm moderate prismatic platy rigid strong massive <35 loose loose single grain 35-50 friable weak granular blocky >50 firm moderate prismatic platy rigid strong massive <35 loose loose single grain 35-50 friable weak granular blocky >50 firm moderate prismatic platy ri id strong I massive 2245 Watertown Road (Lot 2) Soil Log 45 ❑ Boring ❑ Pit Elevation 96&5 Depth to SHWT 12 inches Depth (in) Texture fragment % matrix color redox color consistence grade shape 0-24 Loam "15 10y1-- 1 Friable Strong Blocky 24-30 Loam <35 10yr3 1 1Oy4/8 Friable Strong Blocky <35 loose loose single grain 35-50 friable weak granular blocky >50 firm moderate prismatic platy rigid strop massive <35 loose loose single grain 35-50 friable weak granular blocky >50 fi rm moderate prismatic platy rigid strop massive <35 loose loose single grain 35-50 friable weak granular blocky >50 firm moderate prismatic platy rigid strong massive 1 hereby certify his work was completed in accordance with D ner Signature MN 7080 and any local reg's. Rusty Olson's Soil & Perc 810 Company License # Soil Observation Log www.SepticResource.com vers 12.4 Owner Information Property Owner 1 project: Thomas Ryan Property Address / PID: 2245 Watertown Road (Lot 2) Date 5/27/2023 Soil Survey Information ❑ refer to attached soil survey Parent matl's: 1] Till ❑ Outwash ❑ Lacustrine ❑ Alluvium ❑ Organic ❑ Bedrock landscape position: ❑ Summit ❑ Shoulder ❑ Side slope R] Toe slope soil survey map units: L22C 2 L 132A slope 6-9 % direction- linear Soil Log #6 Z Boring ❑ Pit Elevation 968.8 Depth to SHWT 12 inches Depth (in) Texture fragment % matrix color redox color consistence grade shame 0-24 Loam <35 10yr2/1 Friable Strong Block} 24-30 Loam <35 10yr3/l IOy4/8 Friable Stronc, block\ <35 loose loose single grain 35 - 50 friable weak granular blocky >50 firm moderate prismatic platy rigid strong massive <35 loose loose single grain 35 - SO friable weak granular blocky >SD firm moderate prismatic platy rigid strong massive <35 loose loose single grain 35 - 50 friable weak granular blocky >50 firm moderate prismatic platy rigid strong massive Comments: From: Tom Maior To: Melanie Curtis Cc: Susan Maior Subject: Prelim Plat Approval LA22-000059 Date: Monday, October 9, 2023 10:53:17 AM Hi Melanie, As discussed over the phone today, we are the homeowners for 37 years at 2200 Devin Lane, Orono. Our property is adjacent to the south of the proposed platted property. The drainage ditch flowing across the proposed platted property flows into/across our property for most of its southernly direction. Several years ago we began to notice sandy erosion depositing on the ditch bed along the length of our property. Previous to these last few years there was no sand in the banks nor bottom of the ditch on our property. It could only come from north of our property. The sandy erosion has added 12+ inches to the bottom level of the ditch. We notified the City of Orono who inspected and verified our concern. We have not heard anything since. With the proposed plat approval we are concerned about the following: 1. During construction, erosion control in the event of storms. If not, a significant amount of loose sand will flow and settle downstream. 2. Construction design of erosion control providing for water level increases of several feet during heavy storms. 3. Additional erosion control protection on east bank of ditch as flow is redirected towards the south. 4. Removal of existing sand eroded and deposited downstream from proposed platted property. Thanks for your consideration of these issues. Thomas & Susan Major 2200 Devin Lane Orono, MN 55356 612-839-4427 Sent from Mail for Windows 38 03-117-23 210003 38 03-117-23 22 0016 72 34-118-23 33 0012 JAMES CORNELL JUDY E PLATT JOCELYN R VEACH 2145 WATERTOWN RD 2280 DEVIN LA EUGENIO E JIMENEZ CARRERA LONG LAKE MN 55356 LONG LAKE MN 55356 95 GLENDALE DR LONG LAKE MN 55356 38 03-117-23 210011 38 03-117-23 22 0017 72 34-118-23 33 0013 THOMAS S & SUSAN B MAJOR B D CHILDS & A S CHILDS THOMAS S ELY 2200 DEVIN LA 2240 DEVIN LA PATRICIA J ELY LONG LAKE MN 55356 LONG LAKE MN 55356 105 GLENDALE DR LONG LAKE MN 55356 38 03-117-23 210015 38 03-117-23 22 0021 72 34-118-23 33 0025 C K SHAUG14NESSY THOMAS J RYAN JOHN CARTER & ANNE CARTER 2150 COLIN DR 2245 WATERTOWN RD 92 GLENDALE DR LONG LAKE MN 55356 LONG LAKE MN 55356 LONG LAKE MN 55356 38 03-117-23 210024 38 03-117-23 22 0022 72 34-118-23 33 0037 ALAN B & LORRIE J PETERSON THOMAS J RYAN GRANT JOHNSON 2075 WATERTOWN RD 2245 WATERTOWN RD MICHELLE JOHNSON LONG LAKE MN 55356 LONG LAKE MN 55356 100 HARRINGTON DR LONG LAKE MN 55356 38 03-117-23 210026 38 34-118-23 33 0056 72 34-118-23 33 0038 SASA JANKOVIC THOMAS J RYAN NOLAN ENTERPRISES LLC JENNIFER L JANKOVIC 2245 WATERTOWN RD 825 LAKE ST E APT 418 2165 WATERTOWN RD LONG LAKE MN 55356 WAYZATA MN 55391 ORONO MN 55356 38 03-117-23 210027 38 34-118-23 33 0057 72 34-118-23 33 0039 STEPHEN H OTTO STEVE KELLY STEVEN C HALL TOSHIHIRO UJIIE ARLA CARMICHIEL 78 N HARRINGTON DR 2185 WATERTOWN RD 2340 WATERTOWN RD LONG LAKE MN 55356 LONG LAKE MN 55356 LONG LAKE MN 55356 38 03-117-23 22 0001 72 34-118-23 33 0006 72 34-118-23 33 0040 THOMAS J RYAN JOHN R & CARMIN E DUNN RICHARD J & ERIN K DIPRIMA 2245 WATERTOWN RD 2296 WATERTOWN RD 66 HARRINGTON DR LONG LAKE MN 55356 LONG LAKE MN 55356 LONG LAKE MN 55356 38 03-117-23 22 0002 72 34-118-23 33 0007 72 34-118-23 33 0041 THOMAS J RYAN K & C HUISKEN PAUL STAACK 2245 WATERTOWN RD 2298 WATERTOWN RD 50 HARRINGTON DR LONG LAKE MN 55356 LONG LAKE MN 55356 LONG LAKE MN 55356 38 03-117-23 22 0014 72 34-118-23 33 0008 72 34-118-23 33 0049 LOUIS J & LOIS J SONSTEGARD RONALD JOHN HALL DONNA L FIKE 2320 DEVIN LA MELISSA FAYE HALL 123 INGLEWOOD ST LONG LAKE MN 55356 2280 WATERTOWN RD LONG LAKE MN 55356 LONG LAKE MN 55356 38 03-117-23 22 0015 72 34-118-23 33 0011 72 34-118-23 33 0050 KELLEY & KELLEY INC CHARLES P RITCHIE DAVID J & ANITA D GOMAN 2325 WATERTOWN RD 85 GLENDALE DR 105 INGLEWOOD ST LONG LAKE MN 55356 LONG LAKE MN 55356 LONG LAKE MN 55356 72 34-118-23 33 0051 72 34-118-23 34 0013 72 34-118-23 34 0024 ALEXANDER J BROST ADAM J & KERRI ALBRECHT BRIAN D ARNE BARBRO M BROST 2167 WATERTOWN RD JENNIFER CHILDS 87 INGLEWOOD ST LONG LAKE MN 55356 12 WESTWOOD DR LONG LAKE MN 55356 LONG LAKE MN 55356 72 34-118-23 33 0052 72 34-118-23 34 0014 72 34-118-23 34 0025 BRIGITTE G VON HAKEN S B ROBINSON & R A ROBINSON CITY OF LONG LAKE 75 INGLEWOOD ST 2153 WATERTOWN RD 450 VIRGINIA AVE LONG LAKE MN 55356 LONG LAKE MN 55356 PO BOX 606 72 34-118-23 33 0053 72 34-118-23 34 0015 72 34-118-23 34 0026 LORI GOODSELL SCOTT ANDRUS & SHERRY SHARPE ANGELLA M HAMES 2206 WATERTOWN RD 2143 WATERTOWN RD 16 WESTWOOD DR LONG LAKE MN 55356 LONG LAKE MN 55356 LONG LAKE MN 55356 72 34-118-23 33 0060 72 34-118-23 34 0016 72 34-118-23 34 0027 JOHN A & JODI K PELTIER LAKESIDE INVESTMENT PART LLC BILLIE MARIE THARALDSON 65 HARRINGTON DR 2115 HUNTINGTON PT RD E 66 APPLE GLEN RD LONG LAKE MN 55356 WAYZATA MN 55391 LONG LAKE MN 55356 72 34-118-23 33 0061 72 34-118-23 34 0018 72 34-118-23 34 0030 JAMES D BENSON JAY D & LESLIE J KETO ROBERT D HANCE 55 HARRINGTON DR 850 OLD CRYSTAL BAY RD 32 WESTWOOD DR LONG LAKE MN 55356 WAYZATA MN 55391-9365 LONG LAKE MN 55356 72 34-118-23 33 0081 72 34-118-23 34 0019 72 34-118-23 34 0044 ROBERT W H HOUTS B J& D L WEINBECK JILL REINER 2260 WATERTOWN RD PO BOX 937 57 INGLEWOOD ST LONG LAKE MN 55356 LONG LAKE MN 55356 LONG LAKE MN 55356 72 34-118-23 33 0082 72 34-118-23 34 0020 72 34-118-23 34 0051 ROBERT W HOUTS NHUNG FOLEY RICHARD W WAGMAN 2260 WATERTOWN RD 15 WESTWOOD DR 35 HACKBERRY HILL LONG LAKE MN 55356 LONG LAKE MN 55356 LONG LAKE MN 55356 72 34-118-23 34 0008 72 34-118-23 34 0021 72 34-118-23 34 0052 DAVID & KELLI MOEN R J CAMPBELL & M A NAGEL MICHAEL J STARK 2101 WATERTOWN RD I I WESTWOOD DR 98 INGLEWOOD ST LONG LAKE MN 55356 LONG LAKE MN 55356 LONG LAKE MN 55356 72 34-118-23 34 0011 72 34-118-23 34 0022 72 34-118-23 34 0053 KRISTINE A/ROBERT M KOVALIK CHAD E & NICHOLE H KUECHLE JENNIFER FRANK 2175 WATERTOWN RD 9 WESTWOOD DR 80 INGLEWOOD ST LONG LAKE MN 55356 LONG LAKE MN 55356 LONG LAKE MN 55356 72 34-118-23 34 0012 72 34-118-23 34 0023 72 34-118-23 34 0054 ADAM ALBRECHT & MAURICE JOSEPH HEVEY JR CHARLES E MOBURG KERRI ALBRECHT 7 WESTWOOD DR 60 INGLEWOOD ST 2345 OLIVER HILL RD LONG LAKE MN 55356 LONG LAKE MN 55356 ORONO MN 55356 72 34-118-23 34 0062 RICHARD & JACQULINE FREDERICKSEN 2093 NEILSON AVE LONG LAKE MN 55356 72 34-118-23 34 0063 ZACHARY C CARLSON KORI L F CARLSON 2128 WATERTOWN RD LONG LAKE MN 55356 72 34-118-23 34 0064 EVAN M HOLMES KELLY M RODGERS 2114 WATERTOWN RD LONG LAKE MN 55356 72 34-118-23 34 0078 ROGER BAUSER 2670 KELLEY PKWY #310 ORONO MN 55356 72 34-118-23 34 0079 ANTHONY MICHAEL DAVID 2158 WATERTOWN RD LONG LAKE MN 55356 72 34-118-23 34 0080 ABBY BURCKHARDT JOHAH BURCKHARDT 2162 WATERTOWN RD LONG LAKE MN 55356 72 34-118-23 34 0081 DIERCK & SIMONE KERSTEN 2156 WATERTOWN RD LONG LAKE MN 55356 72 34-118-23 34 0083 JASON & KIMBERLY FOSS 20 WESTWOOD DR LONG LAKE MN 55356 Hennepin County Locate & Notify Map Date: 10 /24/2 022 -•Gientlafe-{kr # r ■ # Gran+ Aw Gt@Ti.d r f r I� � # .J 'A Ne■j 8ilson.Nve f a ■ • ■ ■ ■ 1 1■ ■ r s # ♦f } • e. wo } VV.-I11'ri?);%ri f{: t d ' v4 rPP Ur k!V Ili rl i Buffer Size: 500 0 100 200 400 Feet Map Comments: I I I I I I I I 1 2245 Watertown Rd This data () is furnished 'AS IS' with no representation as to completeness or accuracy; (i) is furnished with no warranty of any kind; and (ii) is notsuitable for legal, engineering or surveying purposes. Hennepin County shall riot be liable for any damage, injury or loss resulting from this data. For more information, contact Hennepin CountyGIS Office 300 6th Street South, Minneapolis, MN 55487 / gis.info@hennepin.us From:HEIDI HUST To:Melanie Curtis Cc:Tom Major; heidihust@msn.com Subject:Prelim Plat Approval LA22-000059 Date:Monday, October 16, 2023 11:01:29 AM Tom Major brought this to my attention. I plan to attend the meeting October 16. We live downstream from the Ryan property and have watched our beautiful marsh area with abundant wildlife be destroyed. The watershed area affected by the "ditch" is significant. The Krogness Marsh has provided a buffer to clean the water before it enters Lake Minnetonka. During the Watertown road project about 15 years ago the construction failed to protect the drainage. Vast amounts of silt flowed down this creek. I contacted the City of Long Lake and Orono the LMCD and Watershed. They all said, "not my problem". The Long Lake housing construction upstream filled in wetlands and pushed more water into the "ditch". During the road repairs and stream restoration Long Lake completely disregarded what was happening in the "ditch" across the street in Orono. The "ditch" on Ryan property suffered significant erosion. Since then, all the trees and vegetation that protected the ditch have been removed. This "ditch" is a ticking time bomb. As for our marsh, the silt clogged the stream that existed through the marsh. The delta created, forced water to flood the marsh. The old growth trees are now often in standing water and many are dead. We no longer have nesting wood ducks and mallards and pheasants. This has affected the marsh all the way to the luce line. Long Lake met minimum standards and it failed to preserve downstream, especially during construction. It destroyed the stream on the Ryan property. Watershed and DNR should be consulted as far as streamside management and a plan should be put in place for erosion control long term and short term using vegetation and structures. Straightening the stream allows for more powerful flow of water which can lead to significant erosion. Simply planting grass is not enough to protect the bank in a water event. This proposal divides responsibility for the stream management again. Before being approved this drainage must be addressed properly instead of sending the problem downstream. Heidi Hust Heidi Rosekrans Hust/Rosie's Gardens 2225 Devin Lane Orono, MN 55356 home: 952.476.6911 cell: 612.590.4008 Date Application Received: 08/23/2023 Date Application Considered as Complete: 10/02/2023 60-Day Review Period Expires: 12/01/2023 To: Chair Bollis and Planning Commission Members Adam Edwards, City Administrator From: Natalie Nye, Planner Date: October 16, 2023 Subject: #LA23-000050, John McGary with Lucid Builders, 3359 Crystal Bay Road Variances - Public Hearing Application Summary: The applicant is requesting variances for lot area, lot width, 75-foot lake setback, hardcover within the 75-foot lake setback, overall hardcover, and rear yard setback in order to construct a new home. Staff Recommendation: Planning Department Staff recommends approval. Background The subject property is substandard in size and width and has a building envelope that cannot accommodate a single-family home. Crystal Bay Road is located within the boundaries of the property. The area of the lot excludes the area of the road bringing the total area to 5,500 square feet. A minimum lot size for the LUC zoning district is 21,780 square feet. The width of the lot is 50 feet where 100 feet is the minimum requirement for the zoning district. The existing home on the lot is nonconforming as it relates to the required lake yard setback, side yard setback, rear yard setback and hardcover. The applicant is proposing to demolish the existing home and build a new single-family home. The neighborhood along Crystal Bay Road has experienced many redevelopment projects in recent years resulting in the construction of many new single-family homes. Most of these homes require variances. The City Council and staff have been strict on the application of average lakeshore setback in order to preserve the uniformity of the street and preserve the neighboring views of the lake. Additionally, a 10- foot rear yard setback has been approved in previous applications. The proposed project meets the average lakeshore setback and maintains a 10-foot rear yard setback. The project also includes the removal of an illegal shed located to the rear of the house on Hennepin County Regional Railroad Authority (HCRRA) owned land. The overall project will require variances from lot area, lot width, hardcover within the 75-foot setback, overall hardcover, and rear yard setback. Clarification should be request from the applicant regarding the existing hardcover within the 75-footlake yard and any proposed mitigation for stormwater run-off such as gutters or pervious paver walkways, patios or decking. The applicant should elaborate on the timing of the project and discuss their plans for construction parking, Practical Difficulties Analysis Applicant Submittal Information: The applicant has identified the property's substandard size and width as practical difficulties. The applicant added that the proposal will be in harmony with the neighborhood and the variances will allow for the construction of a modern home in similar location on the lot. Planning Staff Practical Difficulty Analysis: Staff agrees with the applicant's assessment. The property is substandard in size and width being 0.13 acres in size when 0.5 acres is required in the LR-1C District. The property is unique in that Crystal Bay Road is located on the property. The existing home on the property is nonconforming and that applicant is proposing to construct a slightly larger home in a similar location. FILE #LA23-000050 October 16, 2023 Page 2 of 6 The proposal to demolish the existing home and build a new home has the support of staff. The proposed home will be constructed 63.4 feet from the OHWL, not meeting the 75-foot lake setback requirement. The home is in line with the Average Lakeshore Setback consistent with the neighborhood. The hardcover is proposed to increase by 345 square feet with the new home. This increase in hardcover brings the overall hardcover to over 45% of the lot when 25% is the maximum allowed. The proposed project includes a 2-stall garage where a 1 stall garage exists today and the widening of the driveway in order to support off-street parking for Crystal Bay Road. The project will meet the structural coverage limitations for the site. The proposed home will be built within 10 feet of the rear property line consistent with the neighborhood. Staff finds the request for the new home on the site in character with the neighborhood and reasonable use of the site. Staff supported the variance requests. The Planning Commission should request further information regarding stormwater mitigation to the site and construction parking for the project. LOT ANALYSIS WORKSHEET Section 78-350 & 78-1279 — Setbacks: LR-1C District Required Existing Proposed Rear 30' 7' 10, East Side 7.5' 6.5' 7.5' West Side 7.5' 17.8' 7.5' Lakeshore 75' 65.5' 63.4' Average Lakeshore Compliant Compliant Section 78-350 — Lot Area/Width: LR-1C District Lot Area Lot Width Required 21,780 s.f. (0.5 acres) 100, Actual 5,500 s.f. (0.13 acre)* 50' @ 75' / 51' @ OHWL *The total lot coverage does not include the area of Crystal Bay Road Section 78-1403 — Structural Building Coverage: Total Lot Area Total Structural Coverage 5,500 s.f. (0.13 acre) *Allowed: 2,000 s.f. Existing: 1,113 s.f. Proposed: 1,813 s.f. *Parcels under 10,000 sq.ft quality for 2,000 sq.ft building footprint Section 78-1680 and 78-1700 — Hardcover Calculations: Stormwater Allowed Existing Proposed Overlay District Total Area Hardcover Hardcover Hardcover Tier 1,375 s.f. 2,169 s.f. 2,514 s.f. Tier 1 5,500 s.f. (25 %) (39.4%) (45.7%) Applicable Regulations: Lot Area and Lot Width Variances (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: FILE #LA23-000050 October 16, 2023 Page 3 of 6 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 applicant's request for 75-foot lake setback, rear yard setback, and hardcover variances results in the property's inability to conform to all of the standards above. Therefore, lot area and lot width variances are 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 and width variances were not granted. Hardcover Variance (Section 78-1 The property is approximately 0.13 acres in a half -acre minimum zoning district. The existing hardcover on the property is 39.4% of the total area which is over the Tier 1 maximum of 25%. The proposed development of the property will increase the overall hardcover on the property by 345 square feet bringing the property to 43.9% total hardcover. The property is small in size and in order to construct a usable modern home, some hardcover increase is needed. The applicant should confirm if the hardcover in the 75-foot setback has increased or decreased. The applicant should also consider the use of some permeable pavers in order to offset the increase in hardcover. 75-foot Lakeshore Setback Variances (Section 78-1279) The proposed home will be approximately 63.4 feet from the OHWL where 75 feet is required. The existing home is located in a similar location at 65.5 feet from the OHWL. The proposed home meets the average lakeshore setback and thus falls in line with the neighboring homes on either side. The City has historically allowed Crystal Bay Road properties to be setback closer than the 75-foot setback as long as the average lakeshore setback is met. Rear Setback Variance (Section 78-350) The existing home is situated on the property 7 feet from the rear property line. The applicant is proposing to improve this setback and increase it to 10 feet. Staff is supportive of a 10-foot rear yard setback along this corridor of Crystal Bay Road due to the small and shallow lot sizes. 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. FILE #LA23-000050 October 16, 2023 Page 4 of 6 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 on a substandard parcel are supported by practical difficulties. The proposed new home maintains a similar distance from the OHWL and is generally in a similar location. The proposed home will meet the average lakeshore setback and be in harmony with the neighboring homes. The existing conditions of the property are not compliant as it relates to 75-foot lake setback, side yard setback, rear yard setback and hardcover. The proposed project will improve certain setbacks, but will still require variances from 75-foot setback, rear yard setback and hardcover variances. The current hardcover is over the limit at 39.4% and the additional hardcover needed to modernize the property will bring the total hardcover to 43.9%. The construction of a new home is in harmony with the general intent of the Ordinance due to the practical difficulties of the substandard lot size, substandard lot width, and existing conditions present. 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 the necessary practical difficulties inherent to the land supporting their requests. This criterion is met. 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 is a reasonable use of the property. The proposed home will be located in a similar location to the existing home on the property. This criterion is met. There are circumstances unique to the property not created by the landowner; The existing house was not built by the current owners. The lot is substandard in area and width. The applicant is proposing to maintain a similar lake setback while adhering to the average lakeshore setback. The small lot size, substandard width, and existing improvements, such as Crystal Bay Road, are not the result of the current property owner's actions; and c. The variance will not alter the essential character of the locality. The proposed variances resulting in the construction of a new home are supported by practical difficulties and will not alter the character of the area. The neighborhood along Crystal Bay Road is redeveloping and many of the properties require variances. The proposed home is in line with the neighboring homes along the street. 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. 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. FILE #LA23-000050 October 16, 2023 Page 5 of 6 6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located. This condition is not applicable, as a residential home is a permitted use in the LR-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 substandard lot size, substandard lot width, and existing conditions of the property 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 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 will maintain a similar lake setback. The application proposes an increase in hardcover in order to construct a modern, usable home. The new home will be in line with the neighboring home and meet the average lakeshore setback. The proposed home will improve the existing home's location to the side and rear property lines and remove an illegal shed. 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 the existing home, while improving some of the nonconformities. 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 Hennepin County Regional Railroad Authority (HCRRA) has submitted a comment letter (Exhibit H). HCRRA land abuts the property and the proposal includes the removal of a shed that is located on HCRRA property. HCCRA does not support the 10-foot rear yard setback due to historic encroachments on their land in the general area. HCCRA has recommended the following conditions be placed on the resolution: 1. A statement that the property owner/applicant acknowledges that, other than the rights of the general public to use the HCRRA corridor, they have no right to use the HCRRA corridor for any purpose, including the location of any structure, improvement, or other encroachment. 2. Approval be conditioned upon removal of the encroaching shed shown on the survey, the restoration of the HCRRA property, and the removal of any other private property on the HCRRA corridor, and a requirement that the HCRRA corridor will not be used during construction for access or any equipment or material storage. FILE #LA23-000050 October 16, 2023 Page 6 of 6 The neighboring property owner at 3365 Crystal Bay Road has submitted a comment letter (Exhibit 1). The neighboring property owner is not supportive of the project due to the impact on his current view of the lake and the additional hardcover. The applicant has moved the house further from the lake after speaking with the neighbor, which is reflected on the current proposal. 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 should discuss the increase in hardcover and request the hardcover calculation specific to the area within the 75-foot setback. Testimony from the applicant regarding mitigation for stormwater should be requested. 3. Are there any other issues or concerns with the proposed rear yard setback as it relates to the HCRRA property? 4. The Commission should inquire about the construction timeline of the project and how the applicant plans to manage construction parking on Crystal Bay Road. Planning Staff Recommendation Staff is supportive of the requested variances for lot area, lot width, 75-foot lake setback, hardcover within the lake setback, overall hardcover, and rear yard setback in order to construct a new single-family home with the following conditions: 1. The property cannot use HCRRA corridor for any personal improvements. 2. Pervious pavers or similar material must be used for any walkways or patios. 3. Stormwater Mitigation such as gutters must be installed on the property. List of Exhibits Exhibit A. Application Exhibit B. Practical Difficulties Form Exhibit C. Proposed Survey Exhibit D. Existing Survey Exhibit E. Plans Exhibit F. Hardcover Calculations Exhibit G. Narrative Exhibit H. Hennepin County Regional Railroad Authority Comment Letter Exhibit 1. Neighbor Comment Letter ExhibitJ. Mailing List & Map 10/9/23, 3:22 PM Permit Details I Citizenserve Land Use Application Summary Application Date: Address: Parcel Number: Land Use Number: Application Submitted By: Owner: 08/23/2023 3359 Crystal Bay Road Orono, MN 55391 1711723410025 LA23-000050 Agent on behalf of property owner Name: RICHARD A LUZAICH Address: Old Shoreline LLC Applicant: Name: John McGary Company: Lucid Builders Address: 18315 Minnetonka Blvd Suite 110 Wayzata, mn 55391 admin@lucidbuilders.com Contact Information: Associated Contact: John McGary admin@lucidbuilders.com Associated Contact: Associated Contact: Associated Contact: Project Description: New home Land Use Application Type: Amendmend Application Appeal of Admin Decision Concept Application Conditional Use Permit Site Plan Application Subdivision Application Subdivision Exception Vacation Application Variance Application Applicant Signature: 101--11/ https://www3.citizenserve.com/Admin/PermitController?Action=DisplayPermitDetaiI&SelectedTab=Permits&Permit_I D=12221086&WorkOrder_I D=876... 1 /1 10/9/23, 3:23 PM Permit Details I Citizenserve PRACTICAL DIFFICULTIES DOCUMENTATION FORM LA23-000050 1. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter. Response: reasonable manner that is permitted in the zoning as a one -family dwelling. 2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. Response: The variance would be required as the zoning is written today for the existing structure which was originally built in 1930. The size, dimensions and setback of the existing structure are unique to the property. 3. The variance, if granted, will not alter the essential character of the locality. Response: None of the variances requested will alter the essential character of the area. We are proposing to replace in general a similar -sized structure to what is currently nonconforming on this lot and others in the direct vicinity. 4. Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter. Response: There have not been economic considerations in our proposal, we have planned to absorb the costs necessary to comply with the current building code and modern standards. S. Practical difficulties 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 Minnesota Statutes, Section 116106, Subd. 2, when in harmony with this Chapter. Response: There are many practical difficulties in any improvement to this site and our proposal looks to minimize the ask as to provide a modern standard while setting back in an average to the lake, reasonable side and rear setback, and only apply for the minimum hardcover necessary. 6. The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not allowed under this Chapter for property in the zone where the affected person's land is located. Response: The proposed one -family dwelling is a permitted use. 7. The Board or Council may permit as a variance the temporary use of a one -family dwelling as a two-family dwelling. Response: The one -family dwelling is a permitted use. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. Response: The special conditions are similar in the in the nonconforming lots on the surrounding https://www3.citizenserve.com/Admin/PermitController?Action=DisplayPermitDetail&SelectedTab=Permits&Permit_ID=l2221086&WorkOrder_ID=876... 1 /2 10/9/23. 3:23 PM Permit Details I Citizenserve parcels although the specific numbers and proposal is unique to this property. 9. The conditions do not apply generally to other land or structures in the district in which said land is located. Response: The proposal is unique to this property. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Response: The proposal is the minimum ask for the preservation and enjoyment for a one -family dwelling built to a modern standard. 11. The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code. Response: This proposal will in no way impair health safety or comfort to the locale. 12. The granting of such variance will not merely serve as a convenience to the applicant but is necessary to alleviate demonstrable difficulty. Response: Our Proposal alleviates the difficulties associated to the current zoning rules allpied to the home and lot built here in 1930 in a manner that is in harmony with the area and surrounding structures. https://www3.citizenserve.com/Admin/PermitController?Action=DisplayPermitDetail&SelectedTab=Permits&Permit_ID=l2221086&WorkOrder_I D=876... 2/2 LEGAL DESCRIPTION: Lot 12, Wallace's Addition to the Village of Minnetonka Beach, Hennepin County, Minnesota. EXISTING HARDCOVER PROPOSED HARDCOVER PC Exhibit C SCOPE OF WORK & LIMITATIONS: 1. Showing the length and direction of boundary lines of the legal description listed above. The scope of our services does not include determining what you own, which is a legal matter. Please check the legal description with your records or consult with competent legal counsel, if necessary, to make sure that it is correct and that any matters of record, such as easements, that you wish to be included on the survey have been shown. 2. Showing the location of observed existing improvements we deem necessary for the survey. 3. Setting survey markers or verifying existing survey markers to establish the corners of the property. 4. Existing building dimensions and setbacks measured to outside of siding or stucco. 5. Showing and tabulating impervious surface coverage of the lot for your review and for the review of such governmental agencies that may have jurisdiction over these requirements to verify they are correctly shown before proceeding with construction. 6. Showing elevations on the site at selected locations to give some indication of the topography of the site. We have also provided a benchmark for your use in determining elevations for construction on this site. The elevations shown relate only to the benchmark provided on this survey. Use that benchmark and check at least one other feature shown on the survey when determining other elevations for use on this site or before beginning construction. 7. This survey has been completed without the benefit of a current title commitment. There may be existing easements or other encumbrances that would be revealed by a current title commitment. Therefore, this survey does not purport to show any easements or encumbrances other than the ones shown hereon. 6. While we show a proposed location for this home or addition, we are not as familiar with your proposed plans as you, your architect, or the builder are. Review our proposed location of the improvements and proposed yard grades carefully to verify that they match your plans before construction begins. Also, we are not as familiar with local codes and minimum requirements as the local building and zoning officials in this community are. Be sure to show this survey to said officials, or any other officials that may have jurisdiction over the proposed improvements and obtain their approvals before beginning construction or planning improvements to the property. STANDARD SYMBOLS & CONVENTIONS: "40" Denotes iron survey marker, found, unless otherwise noted. GRADING & EROSION CONTROL NOTES: BEFORE DEMOLITION AND GRADING BEGIN • Install silt fence/bio roll around the perimeter of the construction area. • Sediment control measures must remain in place until final stabilization has been established and then shall be removed. Sediment controls may be removed to accommodate short term construction activity but must be replaced before the next rain. • A temporary rock construction entrance shall be established at each access point to the site and a 6 inch layer of 1 to 2 inch rock extending at least 50 feet from the street into the site and shall be underlain with permeable geotextile fabric. The entrance shall be maintained during construction by top dressing or washing to prevent tracking or flow of sediments onto public streets, walks or alleys. Potential entrances that are not so protected shall be closed by fencing to prevent unprotected exit from the site. • Contractor shall install inlet protection on all existing storm sewer inlets in accordance with the city standard details. Inlet protection shall also be provided on all proposed storm sewer inlets immediately following construction of the inlet. Inlet protection must be installed in a manner that will not impound water for extended periods of time or in a manner that presents a hazard to vehicular or pedestrian traffic. DURING CONSTRUCTION: • When dirt stockpiles have been created, a double row of silt fence shall be placed to prevent escape of sediment laden runoff and if the piles or other disturbed areas are to remain in place for more than 14 days, they shall be seeded with Minnesota Department of Transportation Seed Mixture 22-111 at 100 lb/acre followed by covering with spray mulch. • A dumpster shall be placed on the site for prompt disposal of construction debris. These dumpsters shall be serviced regularly to prevent overflowing and blowing onto adjacent properties. Disposal of solid wastes from the site shall in accordance with Minnesota Pollution Control Agency requirements. • A separate container shall be placed for disposal of hazardous waste. Hazardous wastes shall be disposed of in accordance with MPCA requirements. • Concrete truck washout shall be in the plastic lined ditch and dispose of washings as solid waste. LEGEND EXIS77NG CONTOUR — — — 935 — — — EXIS77NG SPOT ELEVA7701V X 935.5 PROPOSED CONTOUR 935 PROPOSED SPOT &EV/A 77ON 935.5— " DRAINAGE ARROW — FLOW SIL T FENCE/BIO ROLL SF • Sediment control devices shall be regularly inspected and after major rainfall events and shall be cleaned and repaired as necessary to provide downstream protection. • Streets and other public ways shall be inspected daily and if litter or soils has been deposited it shall promptly be removed. • If necessary, vehicles, that have mud on their wheels, shall be cleaned before exiting the site in the rock entrance areas. • Moisture shall be applied to disturbed areas to control dust as needed. • Portable toilet facilities shall be placed on site for use by workers and shall be properly maintained. • If it becomes necessary to pump the excavation during construction, pump discharge shall be into the stockpile areas so that the double silt fence around these areas can filter the water before it leaves the site. • Temporary erosion control shall be installed no later than 14 days after the site is first disturbed and shall consist of broadcast seeding with Minnesota Department of Transportation Seed Mixture 22-111 at 100 lb/acre followed by covering with spray mulch. • Erosion control measures shown on the erosion control plan are the absolute minimum. The contractor shall install temporary earth dikes, sediment traps or basins and additional silt fencing as deemed necessary to control erosion. SITE WORK COMPLETION: • When final grading has been completed but before placement of seed or sod an "as built" survey shall be done per City of Orono requirements to insure that grading was properly done. • When any remedial grading has been completed, sod or seeding shall be completed including any erosion control blankets for steep areas. • When turf is established, silt fence and inlet protection and other erosion control devices shall be disposed of and adjacent streets, alleys and walks shall be cleaned as needed to deliver a site that is erosion resistant and clean. • Contractor shall maintain positive drainage of a minimum 2% slope away from proposed building. HOUSE PORCH DRIVEWAY DECK WALK STEPS LAKE DECKING 928 SQ. FT. 185 SO. FT. 621 SQ. FT. 107 SQ. FT. 238 SQ. FT. 43 SQ. FT. 46 SQ. FT. TOTAL EXISTING HARDCOVER 2,169 SQ. FT. AREA OF LOT (TO OHW) *5,500 SQ. FT. LOT COVERAGE 39.4% NOTE: BOULDER WALL NOT INCLUDED IN HARDCOVER CALCULATIONS. *CRYSTAL BAY ROAD AREA IS EXCLUDED FROM TOTAL LOT AREA AND HARDCOVER TOTALS (917 SQ. FT.) HOUSE (INCL. CANTILEVERS) 1,813 SQ. FT. FRONT WALK 34 SO. FT. DRIVEWAY 562 SQ. FT. REAR PATIO 59 SQ. FT. LAKE DECKING 46 SO. FT. TOTAL PROPOSED HARDCOVER 2,514 SQ. FT. AREA OF LOT (TO OHW) *5,500 SO. FT. LOT COVERAGE 45.70 (*CRYSTAL BAY ROAD AREA IS EXCLUDED FROM TOTAL LOT AREA AND HARDCOVER TOTALS (917 SQ. FT.)) r � j��/, MINNETONI�A 11y" r-SHORELINE o o 5� — __ ____ T � ' — O.H.W. LINE (929.4) v m o w .---INSTALL ROCK CONSTRUCTION ' ENTRANCE PER NOTES. PLACE BIO ROLL 3a 9� �� Bp A T ENTRANCE PARALLEL TO ROAD. I'4B_01 W 49•_933-- --INSTALL g33 ' SILT FENCE INSTALL—, ' SIL T FENCE ; i �( RD rn BENCHMARK: i ' TOP NUT HYD. 0 ELEV.=935.9 I 1g.5 _--A �v ; v, rn 1(0 W ' 34 ' 93sr ; P PRpoS ; I 20.0 LA ; A VERAGE LAKE----- ;-------;--- SETBACK LINE ; I°�5_-�- 1 1 Z ` --3-55 o : r9 c _ _117 - - 1' - --- tQ " T DECK y 7 AVERAGE SETBACK LINE / (MODIFIED) p , o INSTALL - SIL T FENCE 7.6 EXISTING DWELLING PROPOSED ELEVA TIONS FIRST FLOOR (SUB —FLOOR) = 946.68 BASEMENT FLOOR = 935.75 GARAGE FLOOR (LOWEST OPENING) = 935.50 DATE REVISION DESCRIPTION DWG ORIENTATION SCALE CLIENT/JOB ADDRESS 9-5-23 ADDED LAKE SETBACK AND SHED NOTE FOR REMOVAL LUCID BUILDERS 9-29-23 REVISED HOUSE PLAN & UPDATED HC 10-4-23 PER CITY COMMENTS N 3359 CRYSTAL BA Y RD. 0 10, 20' ORONO, MN L 0 LA 7g i 5.3 g `--75' LAKE SETBACK LINE 03 e J OX`LNG It 4 Z�_ pRpPOSED / N 1—s4 SIL T FENCE /DWELL 7.5 i9Ar�4J 34. 33 /� . REAR YARD--- ------' 7. 9450� �o SETBACK LINE - Io --' --�° �943.5 943.4 PROPOSED PA TIO --- -- _1 o YI g43-6 �r ,% SHED R� 125 SQ. FT. °/aR�X 122 `--INSTALL SIL T FENCE SETBACK LINE--� (TYP. LINE WORK) Q `--EXISTING SHED C I , \ TO BE REMOVED" Advance Surveying & Engineering, Co. 17917 Highway No. 7 Minnetonka, Minnesota 55345 Phone (952) 474-7964 Web: www.advsur.com I HEREBY CERTIFY THAT THIS PLAN, SURVEY OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION DATE SURVEYED: AND THAT AM A DULY REGISTERED LAND SURVEYOR UNDER THE LAWS OF THE STATE OF MI OTA. J U LY 20, 2023 DATE DRAFTED: Wayne W. PreuK #43503 LICENSE NO. AUGUST 24, 2023 AUGUST 24, 2023 DATE PROPOSED SURVEY SHEET SIZE: 17 X 22 DRAWING NUMBER 231241 JR SHEET NO. S1 SHEET 1 OF 1 LEGAL DESCRIPTION: Lot 12, Wallace's Addition to the Village of Minnetonka Beach, Hennepin County, Minnesota. PC Exhibit D SCOPE OF WORK & LIMITATIONS: 1. Showing the length and direction of boundary lines of the legal description listed above. The scope of our services does not include determining what you own, which is a legal matter. Please check the legal description with your records or consult with competent legal counsel, if necessary, to make sure that it is correct and that any matters of record, such as easements, that you wish to be included on the survey have been shown. 2. Showing the location of observed existing improvements we deem necessary for the survey. 3. Setting survey markers or verifying existing survey markers to establish the corners of the property. 4. Existing building dimensions and setbacks measured to outside of siding or stucco. 5. Showing and tabulating impervious surface coverage of the lot for your review and for the review of such governmental agencies that may have jurisdiction over these requirements to verify they are correctly shown before proceeding with construction. 6. Showing elevations on the site at selected locations to give some indication of the topography of the site. We have also provided a benchmark for your use in determining elevations for construction on this site. The elevations shown relate only to the benchmark provided on this survey. Use that benchmark and check at least one other feature shown on the survey when determining other elevations for use on this site or before beginning construction. 7. This survey has been completed without the benefit of a current title commitment. There may be existing easements or other encumbrances that would be revealed by a current title commitment. Therefore, this survey does not purport to show any easements or encumbrances other than the ones shown hereon. STANDARD SYMBOLS & CONVENTIONS: "0" Denotes iron survey marker, found, unless otherwise noted. EXISTING HARDCOVER HOUSE PORCH DRIVEWAY & ROAD DECK WALK STEPS LAKE DECKING 928 SQ. FT. 185 SO. FT. 1,539 SQ. FT. 107 SQ. FT. 238 SQ. FT. 43 SQ. FT. 46 SO. FT. TOTAL EXISTING HARDCOVER 3,086 SO. FT. AREA OF LOT (TO OHW) 6,417 SQ. FT. LOT COVERAGE 48.10 NOTE: BOULDER WALL NOT INCLUDED IN HARDCOVER CALCULATIONS. DATE REVISION DESCRIPTION DWG ORIENTATION SCALE CLIENT/JOB ADDRESS 8/2/23 SHOW SHED AND DECK ON ADJACENT HOUSE LUCID BUILDERS N 3359 CR YSTAL BA Y RD. 0 10, 20' ORONO, MN Advance Surveying & Engineering, Co. 17917 Highway No. 7 Minnetonka, Minnesota 55345 Phone (952) 474-7964 Web: www.advsur.com LAKE MINNETONKA � x — o BENCHMARK: TOP NUT HYD. ELEV.=935.9 z ; L� 50 010 R,8g23 `W SHED 12 2 125 SQ. FT. 0 I HEREBY CERTIFY THAT THIS PLAN, SURVEY OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY REGISTERED LAND SURVEYOR UNDER THE LAWS OF THE STAT7�7—/,/5 OTA. Wayne W. Preu #43503 LICENSE NO. JULY 25, 2023 DATE DATE SURVEYED: JULY 20, 2023 MATE nDACTEn. JULY 25, 2023 SHEET TITLE EXISTING SURVEY SHEET SIZE: 17 X 22 DRAWING NUMBER 230932 WP SHEET NO. S1 SHEET 1OF1 ------------------------------------- 12 4 D�OC � HOC FRONT ELEVATION SCALE; 1/4" = I'-0° 1,575 50. FT. F.F. 1,766 50. FT. 5.F. 3,341 50. FT. TOTAL 831 5Q. FT. L.L. FIN. 4,172 5Q. FT. TOTAL 100 5Q. FT. L.L. UNFIN. 4,272 50. FT. TOTAL 223 5Q. FT. 56REEN PORCH — — J — — — — — — — V — — — — — — — — — — - — - ------ 515CONP FLOOR CEIL. r- r- L t- t -r T T I I 5TP. WINPOW HT. E E -7, 7� co T 10 C,4 SECOND FLOOR ON N FIR5T FLOOR GEIL STD. WINDOW & OR. HT.� 0 BASEMENT GEIL. 5TD. WINDOW & DR. HT. }--------- 943 EXIST. REAR GRADE __ 935.75 6FE EASEMENT FLOOR ---935.5 6FE GARAGE FLOOR 935.25 LOWEST GRADE N N " 4° WINDOW & DOOR TRIM (TYP.) R16HT ELEVATION SCALE: 1 /4" = I'-0° rn 2 It � U Z ( NO 00 Z LU a-oo LL f- LLI 0 Z [d a o`° Z 0 co X _X 0 00 J LL WWI t: Lu odw 2 z o U� (n z o (n (D O Ld N 00 Z� 00 o a_ co Z��� F oro �Zm� Q JO ci^'L o m 0 C 6) LLI n z o �w 06 IL o �3 oz z w o F-- z �~d d � who p o IL N o o �zV N dd NA�y F+1 0 w 1-� z Z N� F�1 0 Z NO 0 CID F/CHD: R/CHD-. DATE: 9-25-23 REVISIONS: DRAWN BY: GD COMM. NO. 223201 SHEET NO. I 5ECOND FLOOR GEIL. 5TD. WINDOW HT. 1, 5EGON12 FLOOR FIR5T FLOOR GEIL. 5TD. WINDOW & DR. HT. FIRST FLOOR _BASEMENT GEIL_ _ _5TD. WINDOW & DR. HT. , BASEMENT FLOOR 6 OR, iN6E FLOOR * 4° WINDOW & DOOR TRIM (TYP.) REAR ELEVATION 56ALE: 1 /4" = I'-0° 0 _co 0 N / ,6L INE OF 7'-0" r HEADROOM �� I I rn I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I * 4° WINDOW & DOOR TRIM (TYP.) LEFT ELEVATION 56ALE: 1 /4" = I'-0° rn 2 It It U Lf) Z Lc) Lr) (D NO 00 Z W a-oo W f- W 0 Z @ � a o`° Z 0 co X _X 0 00 J L� wW� � W o[ W W z O O z O � (DO W N 00 Z� 00 o a- co Z��� F oro �Zm� Q JO ^'L O m 0 C ci O W 0 z � w � 06 IL O �3 oz z w o F-- z ~d d Q QL E Q N> — p cr O IL N O o �zV N dd �� O zDILD 0� —w ❑ V� O D� Jm w F n�W w z dz � �zE� w �o CID F�1 DATE: 9-25-23 REVISIONS: DRAWN BY: GD COMM. NO. 223201 SHEET NO. 1.2 341-0" ------------------------------------------------------------------------ _x I EYE XO LAUNCH MONITOR I 14'-0" 1 I HI-EFF I I I FURN I I MEGH FD i i III I I I I w i L HI-E WH I I I I I I I I I I I I I I I I I I I 1 r-7 I I I I I I I I 1 I � DUMB WAITER 28 j II-9 1/2 GEIL. r I GOLF I z IFLOOR IW / F BERME5H W I� I� I I I 11-6" I 10'-0" MIN. r--� UP TO 15'-0" I I VERIFY FIRE RATING GARAGE U-z > I 1---------------------------------- 16'X9' GARAGE DOOR I w/ I I rL EGG I I I "'--ems I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 51MPSON 5TH1214 ANCHOR 5TRAP5 I I @ O.H.D WALLS I L----r-i L�---- I I 221-0" 341-4" I (INTO PLUMB I IF STRAIGHT BELOW? J 60" GT 34' 7'-7 5/8" GEIL. HT.� i 3 %4 BATH F 'O x C.TILE ill, HALL G.TILE> 0 III I I STACK I I_ W/D IF= . 3Q � SLOPED z0 = GEIL. W� to 3 ----- RAIL? FOYER C.T ILE 3Q COULD 5TEEL 50ME o OF TH15 TO ADD TO FINISHED 50.FT. FOUNDATION PLAN- 56ALE: 1 /4"d-0° 831 50.FT. FIN. 100 50.FT. UNFIN. 805 50.FT. GARAGE 121-4" �00 VANITY 3 4 BATH G.T ILE 24 gaeg 3Q 2$ PATIO PERMEABLE PAVER r r- 111-3" 2$ 6UE5T BEDROOM HALL CARPET WOOD =wI F/ v `n w� �v -- 25- 3Q 24" FLOOR TRU55E5 -- 19.2" O.G I 10' 4° UNDER MAX GROW? I - 1 L�o I J 12" 5N CK BAR r BUTLERS PANT. WOOD I I — 4Q I DUMB WAITER :E �_--- 13 F 3Q Q�w OL? ww 0 v 4'-8° 4 - ------------------------- I ----------------------- ------------------ I ---------- - I I I I I I - N z 9-7 G IL. HT. I -' Xo DINING o WOOD I - I I I I --------------------- I I I I I I8" FLOOR TRU55E5 19.2" O.G 9-7 GEIL. HT. GREAT v ROOM N WOOD W �o u- �I � r--------------------- -- 7 I 1 WITH IN-5WIN6 BI-FOLD N /OFFICE �o WOOD FIRST FLOOR PLAN - NZ w 0 OPEN TO ABOVE 341-4" E6RE55/FP TEMP. E6RE55/FP N Cal � a z u rn rn Z BEDROOM 14 N - CARPET i tmr. I I — — — — — — — — — — — — — — — — — — — — — — — — — J SECOND FLOOR PLAN- 0) 2 IT It U -0 Z Lr) r)O CO Z Ld � D O a-65 w l� w 0 Z_ [d I n O z J CI LL O � V .. m z x 6 O0 J L� ww� � w oes w z O o V � z O (f) 0 o w N00 Zoo O a-c0 Zg wr� F- pro �Qm�� L.L JO = O m 0 Qa rn >w w z �3 w C)z z �uo� z D~Q Q L,o� N>- O a >- N O o Dzv cv zd� O DATE: 9-25-23 REVISIONS: DRAWN BY: GD COMM. NO. 223201 SHEET NO, 3 �oNo City of Orono a Hardcover Calculation Worksheet yF `gkESHOF'G Property Address: 3359 Crystal Bay Rd Prepared by: Lucid Builders w/Advanced Survey numbers Date: 09/29/23 Stormwater Quality Overlay District Tier: (Circle one) ier 1 Tier 2 Tier 3 Tier 4 Tier 5 Step 1: EXISTING HARDCOVER In the following table identify all items of existing hardcover on the property, keyed by letter to site plan or survey (must accompany this form). Use as many lines as necessary to accurately depict existing hardcover status of the property. For Tier 1 properties, identify any features by letter which are within the 75-foot setback or split at the 75' setback line and calculate hardcover square footage separately for each portion. Key to SurveySquare Hardcover Item (Describe) Length x Width Total Feet (Example) (Garage) 24' x 30' 720 S.F. A House by survey 928 S.F. B Porch 185 S.F. C Driveway 621 S.F. Deck 107 S.F. E Walk 238 S.F. F Steps 43 S.F. G Lake Decking 46 S.F. H Shed 125s ft not S.F. calculated on the survey) S.F. J S.F. K Road 917 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 Existing Hardcover 3086 S.F. Excludable Hardcover (See City Code Sec 78-1684): Road 917 S.F. S.F. S.F. S.F. S.F. (2) Total Excludable Hardcover 917 S.F. (3) Net Existing Hardcover [Subtract line (2) from line (1)] 2169 S.F. (4) Total Lot Area 5500 S.F. Existing Hardcover Percentage [ (3) - (4) ] 39.4 % �otio City of Orono a Hardcover Calculation Worksheet y CKfSHOFE'G Property Address: 3359 Crystal Bay Rd Prepared by: Lucid Builders w/Advanced Survey numbers Date: 08/23/23 Stormwater Quality Overlay District Tier: (Circle one) <EDTier 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 site plan or 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 within the 75- foot setback or split at the 75' setback line and calculate hardcover square footage separat ly for each portion. Key to SurveySquare Hardcover Item (Describe) Length x Width Total Feet (Example) (Garage) 24' x 30' 720 S.F. A House 51.67'x34.33' 1813 S.F. a Front walk 34 S.F. C Driveway 562 S.F. D Rear l2atio 59 S.F. E Lake Decking S.F. F S.F. G Road 917 S.F. H S.F. I S.F. J 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 3431 S.F. Excludable Hardcover (See City Code Sec 78-1684): Road 917 S.F. 1st 100 sq ft of permeable patio/paver 100 S.F. S.F. Existing to proposed difference is 345 s ft more i i total S.F. S.F. (2) Total Excludable Hardcover 1017 s.F. (3) Net Proposed Hardcover [Subtract line (2) from line (1)] 2414 S.F. (4) Total Lot Area 5500 S.F. Proposed Hardcover Percentage [ (3) _ (4) ] 43.9 % LUCID B U I L D E R S Land Use Application Narrative Dear Commission and Council, John McGary Lucid Builders 612.207.8265 We are asking for consideration in the hardcover, setbacks, and driveway width variances of the property located at 3359 Crystal Bay Road, Orono. 1. Why is the variance request needed to relieve practical difficulties in complying with the zoning ordinance and how will the variance request result in a reasonable use of the property? The existing house on this lot was built in 1930 and is currently non -conforming due to the small lot area and width. We are requesting the following variances to build a family home to modern standards on this substandard 50-ft wide, 0.14 acre lot (6,081 sq ft): Hardcover Variance: Lot size is 6,417 sq ft (under the 21,780 sq ft minimum) and requires a hardcover variance to be buildable. The home built in 1930 currently exceeds the city hardcover limit at 33.8%. Setbacks: - Rear: The property abuts to the regional trail and won't impact backyard neighbors. The current home and adjacent homes are built into the rear yard setback due to the small lot sizes. We are increasing the setback from its current condition to improve compliance and will remove a shed that was improperly placed outside the rear propertyline, removing unnecessary hardcover. - Front: The current home and adjacent homes are built into the front yard setback due to the small lot size. Crystal Bay Road runs through the front yard of the property, adding to the challenge. We propose to maintain the average setback of the neighboring properties as to impact them and sitelines the least. - Side: The current home and adjacent homes are built into the side yard setbacks because the lot is roughly 50-ft wide (below the city's required minimum lot width). - Lake: By guidance of city staff, we used an average of the neighboring properties from ordinary high water level setbacks. Similar to adjecent property recent requests and resolutions. Driveway Width: Meeting Orono's driveway guidelines, we proposed a 20 foot wide driveway (at the street) within the 75-foot setback where an 8 foot minimum width is allowed and widening to a minimum width serving the garage corresponding with the 22 foot wide garage door wall. 2. Compared to similarly sized lots in the neighborhood, what is unique about the size, shape, topography or location of your lot that prohibits reasonable use of the property? All lots along the Crystal Bay Road neighborhood are small, substandard lots that require multiple variancesto build and in most cases to remodel. The existing lot size of 0.14 acre and 50-ft width necessitates a variance to make it buildable. 3. How is the requested variance the minimum necessary to provide your property reasonable use? We seek to build a home to modern building standards. The lot size of 0.14 acre and 50-ft width necessitates a variance to make it buildable. 4. What alternatives to a variance have been considered? Why are these alternatives not acceptable? The September 1, 2023 Page 1 of 2 existing house at 3359 Crystal Bay Road was built in 1930 and is non -conforming. There is no way to build a home on this property without variances because the lot is substandard (below the 0.5 acre minimum / 100-ft width). S. Has the property owner created the situation necessitating the need for a variance? No, the existing lot size of 0.14 acre and 50-ft width necessitates a variance to make it buildable. 6. Will the variance alter the essential character of the neighborhood? No, Crystal Bay Road is a neighborhood of small 50-ft lots and all adjacent homes are built into the setbacks and exceed hardcover requirements. 7. Describe why the needed variance is not solely based on economic considerations. The existing home was built in 1930 and currently encroaches into all the setbacks and has 48% hardcover. The small lot size necessitates multiple variances to be buildable. If you have any questions or concerns throughout the duration of our project, please feel free to contact us: John McGary at 612-207-8265, Scott Tubman at 612-708-4123 Sincerely, 2010�ell� John McGary Lucid Builders, on behalf of the owner September 1, 2023 Page 2 of 2 HEN NEPIN COUNTY REGIONAL RAILROAD AUTHORITY September 13, 2023 City of Orono Planning Commission Attn: Natalie Nye 2750 Kelley Parkway Orono, MN 55391 Dear Natalie Nye: The Hennepin County Regional Railroad Authority (HCRRA) received notice of a public hearing for variance requests related to construction of a new house at 3359 Crystal Bay Road in Orono. HCRRA owns the Dakota Rail corridor that is adjacent to this property. One of the variance requests is for a ten -foot rear yard setback, abutting the HCRRA corridor. HCRRA opposes this variance request because our experience indicates that a small rear yard results in unauthorized use/encroachment of the HCRRA corridor by the adjoining property owner. HCRRA also requests that any resolution approving a rear yard setback variance include the following: A statement that the property owner/applicant acknowledges that, other than the rights of the general public to use the HCRRA corridor, they have no right to use the HCRRA corridor for any purpose, including the location of any structure, improvement, or other encroachment. Approval be conditioned upon removal of the encroaching shed shown on the survey, the restoration of the HCRRA property, and the removal of any other private property on the HCRRA corridor, and a requirement that the HCRRA corridor will not be used during construction for access or any equipment or material storage. If changes to grading and drainage are implemented, HCRRA requests an indemnification from the City and Property owner from any damages attributable to the change. Hennepin County Regional Railroad Authority 701 Fourth Avenue South, Suite 700, Minneapolis, MN S5415 hennepin.us/hcrra HEN NEPIN COUNTY REGIONAL RAILROAD AUTHORITY Lastly, HCRRA requests to review final building and grading plans before a building permit is approved, notification of silt fence installation of at least three business days prior, and a schedule for the shed removal. Plans and notifications should be sent to kristine.stehly@hennepin.us. Thank you. Sincerely, Kristine Stehly, P.E., MBA Hennepin County Regional Railroad Authority I Hennepin County Public Works Hennepin County Regional Railroad Authority 701 Fourth Avenue South, Suite 700, Minneapolis, MN SS41 S hennepin.us/hcrra From: Jennifer & Brandon Bolduc To: Natalie Nye Subject: Re: 3359 Crystal Bay Road - variance application Date: Monday, October 9, 2023 4:17:58 PM Hi Natalie, In addition to my view being obstructed from all rooms in the house and the measurement discrepancies from both their survey and mine please add the verbiage below. I have attached a picture of what the view will look like from our NE corner bay window. The proposed lake setback (site line) would unnecessarily intrude on neighboring views. • We'd propose taking sight line measurements off of 3355 Crystal Bay Rd immediately adjacent to the proposed build instead of the far side of the property. 3355 was recently extended toward the lake, especially on the non -adjacent side and sits at an angle following the road. Given the curvature of the road, the new property will significantly cut down on the westerly viewing angles of our property, hence the proposal to take the site line from the western side of 3355 which would more naturally allow the site lines to follow the road and lake. The size of the house and proposed hardcover are unusual for similar lots on Crystal Bay Rd. • The most recent example is the property at 3369 Crystal Bay Rd. That lot is 6,809 sqft vs 6,081 sqft at the proposed build (proposed build lot is 11% smaller than 3369 Crystal Bay Rd). Additionally the builder is claiming that the lots is 6,417 sqft which doesn't match the Hennepin county record. • While the lot is 11% smaller, the proposed build would be 21% larger than what was approved at 3369 Crystal Bay Rd. • Importantly, 3369 Crystal Bay road was approve at 39.9% hardcover, while the proposed structure comes in at 60%. It should be noted that permeable pavers and the road are being excluded from the submission which stated 40.9% hardcover and it is our understanding that these should be included. Between the much larger structure, significantly increased hardcover and sight line, we believe there is room to make the proposal fall more in -line with the rest of the neighborhood without creating a hardship for the owner. Thank you, Brandon On Mon, Oct 9, 2023 at 3:41 PM Natalie Nye <nn, e a,oronomn.gov> wrote: Hi Brandon, Do you have updated comments that I can include in the packet for the upcoming Planning Commission meeting? Or I can include your previously submitted comments or not include anything at all. Please let me know. From: Jennifer & Brandon Bolduc <boldu0083&gmail.com> Sent: Monday, October 2, 2023 2:20 PM To: Natalie Nye <nnyenoronomn.gov> Subject: Re: 3359 Crystal Bay Road - variance application Hey Natalie, Can you tell me what the changes are from the revisions? Thanks, Brandon On Mon, Oct 2, 2023 at 12:16 PM Natalie Nye <nnye(g oronomn.gov> wrote: Good Morning, We received revised plans for the variance application at 3359 Crystal Bay Road. This will be going forward to our Planning Commission meeting on October 16th. Would you like me to include your previous letter or would you like to provide something new after reviewing the revised plans. Please let me know and I will include whatever feedback you'd like in the packet for the Planning Commission to consider. Thank you, Natalie Natalie Nye Planner City of Orono Direct 952.249.4626 2750 Kelley Parkway[, Orono, MN 55356 www.oronomn.gov RUN DATE: 08/23/2023 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM (PROPERTY OWNERS LIST) PAGE: 1 38 17-117-23 34 0052 38 17-117-23 410035 38 17-117-23 44 0017 HENNEPIN CO REGIONAL RR AUTH C G OWEN & J L HUGHES JOSHUA JABS & NICOLE JABS 38 ADDRESS UNASSIGNED 2175 KENWOOD WAY 3369 CRYSTAL BAY RD ORONO MN 00000 ORONO MN 55391 ORONO MN 55391 COUNTY OF HENNEPIN CLIFFORD G OWEN JOSHUA JABS & NICOLE JABS REGIONAL RR AUTH JILL L 14UGHES 3369 CRYSTAL BAY RD 701 4TH AVE S STE 700 2175 KENWOOD WAY ORONO MN 55391 MINNEAPOLIS MN 55415 WAYZATA MN 55391 38 17-117-23 410017 38 17-117-23 43 0001 38 17-117-23 44 0018 DALE OLSEN & JONMARI OLSEN DIANE RICE & TERRY GRIMM LYNN GORDON 3315 CRYSTAL BAY RD 2195 BAYVIEW PL 3375 CRYSTAL BAY RD ORONO MN 55391 ORONO MN 55391 ORONO MN 55391 DALE OLSEN & JONMARI OLSEN DIANE RICE & TERRY GRIMM LYNN GORDON 3315 CRYSTAL BAY RD 7219 ASIVIEW DR 462 VIXEN RD WAYZATA MN 55391 SPRINGFIELD VA 22153 WAYZATA MN 55391 38 17-117-23 410018 38 17-117-23 43 0115 38 17-117-23 44 0019 TODD OLSON & ANGELA OLSON TOWN OF ORONO G A HELMER & C M HELMER TR 3325 CRYSTAL BAY RD 38 ADDRESS UNASSIGNED 3385 CRYSTAL BAY RD ORONO MN 55391 ORONO MN 00000 ORONO MN 55391 TODD OLSON CITY OF ORONO GREGORY A HELMER 3325 CRYSTAL BAY RD PO BOX 66 3385 CRYSTAL BAY RD WAYZATA MN 55391 CRYSTAL BAY MN 55323 WAYZATA MN 55391 38 17-117-23 410019 38 17-117-23 43 0116 38 17-117-23 44 0020 C M MCSHANE & R A MCSHANE WILLIAM L WOLFSON P W MYERS JR & M E MYERS TR 3329 CRYSTAL BAY RD 3407 CRYSTAL BAY RD 3393 CRYSTAL BAY RD ORONO MN 55391 ORONO MN 55391 ORONO MN 55391 CHAD & REBECCA MCSHANE WILLIAM L WOLFSON PHILLIP WARD MYERS JR 3329 CRYSTAL BAY RD PO BOX 3474 MARY ELIZABETH MYERS WAYZATA MN 55391 CRESTED BUTTE CO 81224 3393 CRYSTAL BAY RD WAYZATA MN 55391 38 17-117-23 410021 38 17-117-23 43 0117 38 17-117-23 44 0021 J D & T J HOFER TOWN OF ORONO ROLAND M BRENNY 3339 CRYSTAL BAY RD 38 ADDRESS UNASSIGNED 3399 CRYSTAL BAY RD ORONO MN 55391 ORONO MN 00000 ORONO MN 55391 JONATHAN & THERESA HOFER CITY OF ORONO ROLAND M BRENNY 3339 CRYSTAL BAY RD PO BOX 66 3399 CRYSTAL BAY RD WAYZATA MN 55391 CRYSTAL BAY MN 55323 WAYZATA MN 55391 38 17-117-23 410022 38 17-117-23 43 0118 38 17-117-23 44 0022 SEAN R FOY/TERRESA K EGGERS YOUSRY I ELSHAZLY CATHERINE L SWEET 3345 CRYSTAL BAY RD 3415 CRYSTAL BAY RD 3405 CRYSTAL BAY RD ORONO MN 55391 ORONO MN 55391 ORONO MN 55391 SEAN R FOY YOUSRY I ELSHAZLY CATHERINE L SWEET 3345 CRYSTAL BAY RD 3415 CRYSTAL BAY RD 3405 CRYSTAL BAY RD WAYZATA MN 55391 WAYZATA MN 55391 WAYZATA MN 55391 38 17-117-23 410023 38 17-117-23 43 0119 38 17-117-23 44 0023 JULIE B JONES TOWN OF ORONO TOWN OF ORONO 3349 CRYSTAL BAY RD 38 ADDRESS UNASSIGNED 38 ADDRESS UNASSIGNED ORONO MN 55391 ORONO MN 00000 ORONO MN 00000 JULIE B JONES CITY OF ORONO CITY OF ORONO 3349 CRYSTAL BAY RD PO BOX 66 PO BOX 66 WAYZATA MN 55391 CRYSTAL BAY MN 55323 CRYSTAL BAY MN 55323 38 17-117-23 410024 38 17-117-23 43 0120 38 17-117-23 44 0025 JEFFREY DONALD HEMENWAY K C FINNEGAN & J V FINNEGAN JENNIFER A STACK 3355 CRYSTAL BAY RD 3435 CRYSTAL BAY RD 2205 BAYVIEW PL ORONO MN 55391 ORONO MN 55391 ORONO MN 55391 JEFFREY DONALD HEMENWAY KEVIN C FINNEGAN JENNIFER A STACK 3355 CRYSTAL BAY RD JESSICA V FINNEGAN 14875 TIMBERHILL RD WAYZATA MN 55391 3435 CRYSTAL BAY RD MINNETONKA MN 55345 WAYZATA MN 55391 38 17-117-23 410025 38 17-117-23 43 0123 38 17-117-23 44 0026 OLD SHORELINE LLC TOWN OF ORONO HPA BORROWER 2018-1 MS LLC 3359 CRYSTAL BAY RD 38 ADDRESS UNASSIGNED 2215 BAYVIEW PL ORONO MN 55391 ORONO MN 00000 ORONO MN 55391 OLD SHORELINE LLC CITY OF ORONO HP MINNESOTA I LLC 7455 FRANCE AVE S STE 351 PO BOX 66 120 S RIVERSIDE PLAZA EDINA MN 55435 CRYSTAL BAY MN 55323 SUITE 2000 CHICAGO IL 60606 38 17-117-23 410034 38 17-117-23 44 0016 38 17-117-23 44 0027 PAUL J & LOIS E REHMAN B J BOLDUC & J A BOLDUC TERESA ANNE KOCH 3335 CRYSTAL BAY RD 3365 CRYSTAL BAY RD 2225 BAYVIEW PL ORONO MN 55391 ORONO MN 55391 ORONO MN 55391 PAUL J & LOIS E REHMAN BRANDON J BOLDUC TERESA KOCH 3335 CRYSTAL BAY RD JENNIFER A BOLDUC 2225 BAYVIEW PLACE WAYZATA MN 55391 3365 CRYSTAL BAY RD WAYZATA MN 55391 WAYZATA MN 55391 RUN DATE: 08/23/2023 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM (PROPERTY OWNERS LIST) PAGE: 2 38 17-117-23 44 0028 38 17-117-23 44 0068 MICHAEL P MCDONALD REV TRUST C P KNOWLTON & E KNOWLTON 2245 BAYVIEW PL 2306 OLIVE AVE ORONO MN 55391 ORONO MN 55391 MICHAEL P MCDONALD CHRISTOPHER PAUL KNOWLTON PAMELA J MCDONALD ERIN KNOWLTON 4695 LAGOON DR 2306 OLIVE AVE SHOREWOOD MN 55364 WAYZATA MN 55391 38 17-117-23 44 0029 38 17-117-23 44 0069 KELLY A & SHAUN S RIOUX MARGARET A WOOD 2253 BAYVIEW PL 2300 OLIVE AVE ORONO MN 55391 ORONO MN 55391 KELLY ADELIA RIOUX MARGARET A WOOD S14AUN SCOTT RIOUX 2300 OLIVE AVE 2253 BAYVIEW PL WAYZATA MN 55391 WAYZATA MN 55391 38 17-117-23 44 0030 38 17-117-23 44 0082 ALEXANDER MARK BALTES WILDER MAEVE PROPERTIES LLC 2265 BAYVIEW PL 2200 BAYVIEW PL ORONO MN 55391 ORONO MN 55391 ALEXANDER MARK BALTES WILDER MAEVE PROPERTIES LLC 2265 BAYVIEW PL 2200 BAYVIEW PL WAYZATA MN 55391 WAYZATA MN 55391 38 17-117-23 44 0031 38 17-117-23 44 0083 JAMES R ANDERSON J L SCHNECK & P M SCHNECK 2275 BAYVIEW PL 2230 BAYVIEW PL ORONO MN 55391 ORONO MN 55391 JAMES R ANDERSON J L& P M SCHNECK 2275 BAYVIEW PLACE 2230 BAYVIEW PL S WAYZATA MN 55391 WAYZATA MN 55391 38 17-117-23 44 0041 38 17-117-23 44 0096 KRIS A & BRETT FERRELL NANCY WALSH & PATRICK WALSH 2250 BAYVIEW PL 2300 BAYVIEW PL ORONO MN 55391 ORONO MN 55391 KRIS ANN FERRELL NANCY WALSH & PATRICK WALSH 2250 BAYVIEW PL 2300 BAYVIEW PL WAYZATA MN 55391 WAYZATA MN 55391 38 17-117-23 44 0042 38 17-117-23 44 0104 M BRASSINGTON/ M BRASSINGTON CLAIR T ROOD 2240 BAYVIEW PL 3240 NAVARRE LA ORONO MN 55391 ORONO MN 55391 MICHELLE M BRASSINGTON CLAIR T ROOD 2240 BAYVIEW PL 3280 NAVARRE LA WAYZATA MN 55391 WAYZATA MN 55391 38 17-117-23 44 0064 38 17-117-23 44 0105 TIMOTHY C LIVINGSTON CLAIR T ROOD 2338 OLIVE AVE 3280 NAVARRE LA ORONO MN 55391 ORONO MN 55391 TIMOTHY C LIVINGSTON CLAIR T ROOD 2338 OLIVE AVE 3280 NAVARRE LA WAYZATA MN 55391 WAYZATA MN 55391 38 17-117-23 44 0065 38 17-117-23 44 0108 J T JACOBSON & L D JACOBSON C P BLOCK & C R BLOCK 2328 OLIVE AVE 2260 BAYVIEW PL ORONO MN 55391 ORONO MN 55391 J T JACOBSON & L D JACOBSON CHRIS & COURTNEY BLOCK 2328 OLIVE AVE 2260 BAYVIEW PL WAYZATA MN 55391 WAYZATA MN 55391 38 17-117-23 44 0066 38 17-117-23 44 0109 PATRICK W SULLIVAN G ASHDOWN & G M ASHDOWN 2318 OLIVE AVE 3286 NAVARRE LA ORONO MN 55391 ORONO MN 55391 PATRICK W SULLIVAN GLEN ASHDOWN 2318 OLIVE AVE GRACE MARIE ASHDOWN WAYZATA MN 55391 3286 NAVARRE LA WAYZATA MN 55391 38 17-117-23 44 0067 38 17-117-23 44 0110 M D WILLIER & H D WILLIER ODELL TUTTLE & LARA TUTTLE 2314 OLIVE AVE 3290 NAVARRE LA ORONO MN 55391 ORONO MN 55391 MARK D WILLIER ODELL TUTTLE & LARA TUTTLE HEATHER L WILLIER 3290 NAVARRE LA 2160 APPLE LN WAYZATA MN 55391 MOUND MN 55364 Hennepin County has developed electronic forms of certain property information databases. Hennepin County makes reasonable efforts to produce and publish the most current property information available. The viewer should understand, however, that Hennepin County makes no representation or warranties, either express or implied, or as to merchantability or fitness for a particular purpose regarding the accuracy and/or completeness of the information contained herein. Hennepin County Locate & Notify Map Date: 8/23/2023 a y } :1 3 = 3399 3343 344� 3445 tip• 3435 34Q7 3', 344F � , . Lake Minnetonka :43 � :359 35 �1 1Ep U75 288,i�i 3244 ai 223Q 224D 251 ea �: 45 3!. 2293 r (r-r 22%, 0 232 [a 3422 1 0 ' S uaG 38 RU; MI 2338 � fr 344 M 23U5 a3r 34363414 �n e � 23 H t0 I I �771 1 3320 #e. 2 314 2 321 t�4i -M � •d L3d351 3433 3d65 °01 ' 338 3359 3124 2.341 �• 230a Buffer Size: 500 Map Comments: 3365 Crystal Bay Rd �s 1 32B4 l 0 50 100 200 Feet I I I I I I I This data () is furnished 'AS IS' with no representation as to completeness or accuracy; (ii) is furnished with no warranty of any kind; and (ii) is notsuitable for legal, engineering or surveying purposes. Hennepin County shall not be liable for any damage, injury or loss resulting from this data. For more information, contact Hennepin County GI S Office 300 6thStreetSouth, Minneapolis, MN 55487 /gis.info@hennepin.us Date Application Received: 08/23/2023 Date Application Considered as Complete: 10/06/2023 60-Day Review Period Expires: 12/05/2023 To: Chair Bollis and Planning Commission Members Adam Edwards, City Administrator From: Melanie Curtis, Planner MCC Date: 16 October 2023 Subject: #LA23-000051, Keplinger & Keranen Builders, Inc., o/b/o Erik & Marissa Winegarden, 2795 Shadywood Road ■ Variances and CUP ■ Public Hearing Application Summary: The applicant is requesting the following in conjunction with redevelopment of the property with a new home: o Lot area and Lot Width variances; o Variance for hardcover within the 75-foot setback; o Average lakeshore setback variance for the new deck; and o A 75-foot lake setback variance (from the lake and channel) for building improvements. Additionally, a conditional use permit is required in order to permit the required 15-foot fill bench to be less than 15-feet on the sides of the home in conjunction with elevating the home above the regulatory flood ion elevation on fill. Staff Recommendation: Planning Department Staff recommends partial approval of the application. See page 7 for full recommendation. Background The existing home on the property is situated within the 75-foot setback from the Forest Lake Channel. Approximately 70% of the 0.75-acre property is within the 75-foot setback from the lake and channel. The property line does not abut the concrete seawall on the channel as there is an approximate 3.5' foot strip of land owned by Hennepin County (highlighted in yellow on the existing conditions survey; Exhibit D). There are hardcover improvements within the 75-foot setback (from the channel and the lake), and the home is nonconforming with respect to FEMA floodplain regulations relating to the low floor elevation and the adjacent grades. The owners plan to build a new home on the existing footprint with a garage addition as well as other hardcover changes/improvements on the property. Their plans involve elevating the new home on fill to comply with FEMA regulations and bring the home up to modern standards with respect to ceiling heights resulting in an increase of mass within the 75-foot setback. The applicant's proposal contemplates cutting and filling within the property in order to elevate the proposed home to meet the floodplain regulations. As a result of the required fill and the changes to the structure of the home, the overall height is proposed to increase by approximately 14 feet over existing conditions. in goo con PM E!i! 9f! R. i»'fi1 �� 6!!B 69iii ma's PROPOSED FILE #LA23-000051 16 Oct 2023 Page 2 of 8 Practical Difficulties Analysis Applicant Submittal Information: The applicant has identified the channel as the primary practical difficulty supporting the requested variances. Additionally, they have provided supporting documentation regarding Practical Difficulties attached as Exhibit B, and should be asked for additional testimony regarding the application. Planning Staff Practical Difficulty Analysis: Regarding practical difficulty, Staff finds that the existing conditions of the lot (the house elevation and location, the narrow width of the lot, and its location along the channel requiring a 75-foot setback) are practical difficulties supporting variances. Staff finds there are practical difficulties for the requested variances with the exception of the screen porch portion of the home within 13 feet of the channel. The increased height of this porch combined with the extreme proximity to the channel cannot be supported. The applicant has the right to rebuild this portion of the home in -kind but staff does not find practical difficulty supporting the vertical expansion of the porch due to the close proximity to the lake. The applicant should redesign the porch to minimize the massing impact so close to the OHWL. LOT ANALYSIS WORKSHEET Section 78-330 & 78-1279 — Setbacks: LR-1B Required Existing Proposed Rear / Street 30' 154' 114' West Side Yard 10, 13.2' 10.2' Channel 75' 13.5' house No change (massing increase) 71' deck Lakeshore 75' No change (massing increase) 77.5' house The required average lakeshore setback for the property is based on the location of the home to the west which measures 74' from the lake. The proposed deck is smaller than existing and is proposed in the same location as the existing deck. Average Lakeshore The deck reflects a 6.5-foot encroachment into the ALS, and will be elevated approximately 14 feet higher due to the increased elevation and height of the home. Section 78-330 — Lot Area/Width: LR-1B Lot Area Lot Width Required 43,560 s.f. (1.0 acres) 140' 200' @ 75' Actual 33,042 s.f. (0.75 acre) 137'@ OHWL on the lake 310' along on the channel Section 78-1403 — Structural Building Coverage: Total Lot Area Total Structural Coverage 33,042 s.f. (0.75 acre) Allowed: 6,608 s.f. (20%) Existing: 3,085.9 s.f. (9.3%) Proposed: 4,065 s.f. (12.3%) FILE #LA23-000051 16 Oct 2023 Page 3 of 8 Section 78-1680 and 78-1700 — Hardcover Calculations: Stormwater Total Area in Allowed Overlay District Zone Hardcover Existing Hardcover Proposed Hardcover Tier Tier 1 33,042 s.f. 8,260 s.f. 9,822.8 s.f. 5,166 s.f. 8,145 s.f. 4,638 s.f. (25 %) (29.7%) w/in 75' (24.6%) w/in 75' Applicable Regulations: Lot Area and Lot Width Variance (Section 78-330) 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 (The property is served by City sanitary sewer). 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 applicant's request for variances results in the property's inability to conform to all of the administrative approval 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. 75-foot Lake Setback and Averaee Lakeshore Setback Variances (Sections 78-330 and 78-1279) The property has a narrow 5,700 square foot buildable rectangle located outside the 75-foot lake, side and rear setbacks. The applicant is proposing to build a new home on the existing foundation as they find this to be the most suitable location to build due to the site constraints. The site constraints include the channel setback of 75 feet, the 75-foot lake setback on the west, the narrow width, the existing home location, and the low elevation areas of the property (impacted by floodplain regulations). The existing home is a low, walk -out rambler with a peak height (from first floor) of approximately 16.5 feet. According to the comparison plans, the applicant is proposing to increase the height of the new rambler -style home by approximately 14 feet overall including fill and increased height of the home. The home comparisons can be seen in Exhibit E. The applicant's original plan included increasing the height of the home in order to raise the ceiling heights in the basement (8') and on the main level (9'). However, some of the volume expansions shown on the proposed plans are the result of the floodplain regulations relating to the minimum low floor requirement (932.5') and the MCWD's minimum low opening requirement (933.5'). The basement floor elevation of 930.3' in the existing home is nonconforming with respect to FEMA regulations. The current plans reflect a conforming basement floor elevation of 933.5'. 75-foot Hardcover Variance (Section 78-1279: 78-1680: and 78-1700 Approximately 70% of the property area is within the 75-foot setback from the lake and channel. The applicant is proposing to reduce the total site hardcover by 1,677 square feet including the 528 square foot reduction within the 75-foot setback. The driveway was reoriented and reduced, the lakeside sport court has been removed, the paver patio has been removed, and the lakeside deck has been reduced by half. FILE #LA23-000051 16 Oct 2023 Page 4 of 8 Conditional Use Permit relatine to elevatine the home on fill (Section 78-1125 Wherever floodplain filling is proposed, DNR and MCWD regulations require the floodplain be expanded elsewhere so there is no decrease in flood storage capacity. The applicant is proposing equal mitigation for the impacts on the property. The MCWD is currently processing the floodplain alteration permit application. Additionally, the City's floodplain regulations require a rescue bench around all buildings proposed to be elevated above the floodplain on fill. The fill material must continue for around the perimeter of the building to create a 15-foot "rescue bench". The subject property is 137 feet wide; the proposed home is approximately 100 feet wide. The home is set back approximately 8 feet from the channel -side property line and while the 10- foot 1_11-113 district setback can be met on the interior side, there is not sufficient room on either side of the home to fully comply with the 15-foot perimeter fill requirement. The Code requires a conditional use permit to formally address the departure from the fill bench requirement. 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 variances are in harmony with the purpose of the Ordinance. The substandard lot has difficulties in its substandard size and width, the unique access over the easement on the rear, the proximity to the channel, the 75-foot lake setback, the existing home location, and the floodplain areas of the property making development difficult. The vertical expansion proposed on the screen porch is not in harmony with the intent of the ordinance. The additional mass will intensify the use of the home and disrupt the natural lakeshore. The variance is consistent with the comprehensive plan. The variances proposed to rebuild a new home in the same footprint on this nonconforming lot are consistent with the comprehensive plan. 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 a new residence on the existing foundation on the substandard lot is reasonable. 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 existing conditions, lot size, and location are challenges not created by the owners. There should be consideration for variances for the property which is substandard in area and setback requirements. The project has been designed with an effort toward limiting the additional hardcover without sacrificing functionality; and FILE #LA23-000051 16 Oct 2023 Page 5 of 8 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 the same footprint, which is reasonable. A variance to allow a new vertical encroachment for the screen porch, approximately 13' from the OHWL, would alter the character of the channel and impact the natural setting of the lakeshore. 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 home is an allowed use in the LR-113 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, location, elevation, and unique configuration creates difficulties which also apply to many of the properties in the same neighborhood. The proposed setbacks and hardcover level are not out of character. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The property's substandard area and width, in addition to the unique configuration along the channel, creates difficulties which apply to very few properties in the City. Some 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 not exceeding the existing footprint within the setbacks. Granting of the lot area, setback, 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 and width, hardcover, and setbacks 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, redevelopment of the property would be challenging. The variances for lot area and width, setback, 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. Applicable Regulation: Conditional Use Permit (Section 78-916) The Planning Commission may recommend and the Council may grant a Conditional Use Permit (CUP) as the use permit was applied for or in modified form. On the basis of the application and the evidence submitted, the city must find that the proposed use at the proposed location is or will be: FILE #LA23-000051 16 Oct 2023 Page 6 of 8 1) Consistent with the community management plan; the proposed development of the property for residential use is consistent with the community management plan. 2) Compliant with the zoning code, including any conditions imposed on specific uses as required by article V, division 3 of the City Code; with the exception of the currently requested variances, the project will conform to all applicable zoning requirements. 3) Adequately served by police, fire, roads, and stormwater management; in the opinion of staff this criterion is met. 4) Provided with an adequate water supply and sewage disposal system; in the opinion of staff this criterion is met. 5) Not expected to generate excessive demand for public services at public cost; in the opinion of staff this criterion is met. 6) Compatible with the surrounding area as the area is used both presently and as it is planned to be used in the future; the development of the property for residential use is compatible and consistent with the neighborhood and surrounding uses. 7) Consistent with the character of the surrounding area, unless a change of character is called for in the community management plan; development of the property for residential use is compatible and consistent with the neighborhood and surrounding uses. 8) Compatible with the character of buildings and site improvements in the surrounding area, unless a change of character is called for in the community management plan; in the opinion of staff this criterion is met. 9) Not expected to substantially impair the use and enjoyment of the property in the area or have a materially adverse impact on the property values in the area when compared to the impairment or impact of generally permitted uses; the request for grading and filling within the floodplain will be reviewed by Minnehaha Creek Watershed District and a 1:1 mitigation will be required to offset any impacts from the filling activity. 10) Provided with screening and buffering adequate to mitigate undesirable views and activities likely to disturb surrounding uses; The alterations proposed are related to the mitigation for the removal of the existing house foundation and minor leveling of the adjacent grade to elevate the proposed home to meet the RFPE and are consistent with the redevelopment of the property for residential use. The project should not result in undesirable views or sustained activity such to disturb neighbors. 11) Not create a nuisance which generates smoke, noise, glare, vibration, odors, fumes, dust, electrical interference, general unsightliness, or other means; The applicant will be required to adhere to the City's erosion control regulations as well as the permitting requirements of the MCWD. Timely re - vegetation and stabilization will be a requirement of the permitting process. The project should not result in a nuisance condition. 12) Not cause excessive non-residential traffic on residential streets, parking needs that cause a demonstrable inconvenience to adjoining properties, traffic congestion, or unsafe access; the applicant will be required to keep debris off of the public roadways; a haul route should be provided. The noise resulting from the trucks and equipment moving the material in and around the site should be minimized to the extent possible. The grading project will be evaluated and monitored by the City Engineer and planning staff so as to minimize nuisances during the project. 13) Designed to take into account the natural, scenic, and historic features of the area and to minimize environmental impact; the overall long-term effect of the project should result in minimal if any environmental impacts. 14) All exterior lighting shall be so directed so as not to cast glare toward or onto the public right-of-way or neighboring residential uses or districts; this project should result in no additional non-residential lighting or glare; and 15) Not detrimental to the public health, public safety, or general welfare. The project should not be a detriment to the public health, public safety, or general welfare. FILE #LA23-000051 16 Oct 2023 Page 7 of 8 A CUP may be granted subject to such conditions as the Council may prescribe. Additionally, a CUP shall remain in effect as long as the conditions imposed by the City Council are observed, but nothing in this section shall prevent the city from enacting or amending official controls to change the status of conditional uses. Conditional Use Permit Analysis: In addition to the City's CUP requirement for filling/grading below the 100-year flood elevation, the activity is subject to a floodplain alteration permit governed by the MCWD. The applicant has submitted an application to the MCWD along with the required plans and engineering. The City engineer will assure that the permitting conditions of the MCWD are consistent with the 1-to-1 volume mitigation requirement of the FEMA floodplain regulations which the City enforces. Additionally, the applicant will be required to keep debris off of the public roadways; a haul route should be provided with the permit for the home construction. Correction of damage to the public roadways will be required to be completed as part of the building permit compliance. Engineer Comments There were no substantive comments from the City's Engineer; a full grading review will be conducted with the building permit application. Public Comments To date, no public comments have been received. Issues for Consideration 1. The Commission should ask the applicant for additional testimony regarding the screen porch and the new vertical encroachments abutting the lake channel. 2. 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? 3. Does the Planning Commission find that the variance(s), if granted, will not alter the essential character of the neighborhood? 4. Does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested variance(s)? 5. Are there any other issues or concerns with this application? Planning Staff Recommendation Planning Staff recommends approval of the variances as proposed, with the exception of the screen porch portion of the home within 13 feet of the channel. The increased height of this porch combined with the extreme proximity to the channel cannot be supported. The applicant is allowed to recapture the footprint and volume area of the screen porch but expansion is not a right. Staff recommends that the applicant should redesign the porch to minimize the massing impact so close to the OHWL. Staff recommends approval of the conditional use permit for the rescue bench. List of Exhibits Exhibit A. Application Exhibit B. Practical Difficulties Documentation Form Exhibit C. Proposed Survey — annotated Exhibit D. Existing Survey Exhibit E. Proposed Plans and Elevations Exhibit F. Home Expansion Comparisons Exhibit G. Submitted Hardcover Calculations FILE #LA23-000051 16 Oct 2023 Page 8 of 8 Exhibit H. Buildable Area Exhibit 1. Aerial Photos Exhibit J. Site Photos Exhibit K. Property Owners List & Map 8/29/23, 8:30 AM Permit Details I Citizenserve Land Use Application Summary Application Date: 08/23/2023 Address: 2795 Shadywood Road Orono, MN 55331 Parcel Number: 2111723310002 Land Use Number: LA23-000051 Application Submitted By: Agent on behalf of property owner Owner: Name: ERIK S WINEGARDEN Address: MARISSA K WINEGARDEN 2795 SHADYWOOD RD Name: Eric Hill Applicant: Company: Keplinger & Keranen Builders, Inc Address: 6250 Hwy 12 Suite #220 Maple Plain, MN 55359 Eric@keplingerbuilders.com Contact Information: Associated Contact: ERIK S WINEGARDEN Associated Contact: Associated Contact: Associated Contact: Project Description: Whole house remodel Land Use Application Type: Amendmend Application Appeal of Admin Decision Concept Application Conditional Use Permit Site Plan Application Subdivision Application Subdivision Exception Vacation Application O Variance Application O I r + Applicant Signature: https://www5.citizenserve.com/Admin/PermltControIIer?Action=DisplayPermitDetaiI&SelectedTab=Permits&Permit_ID=12221846&WorkOrder_ID=876... 1 /1 10/10/23, 1:36 PM Letter View PRACTICAL DIFFICULTIES DOCUMENTATION FORM LA23-000051 1. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter. Response: Correct, the proposed design will not impact the neighbors view of the lake and will also eliminate non -conforming hardcover and bring the total hardcover from 29.7% to 24.6% 2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. Response: Correct. The house was in this location when he bought it 3. The variance, if granted, will not alter the essential character of the locality. Response: No 4. Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter. Response: Correct 5. Practical difficulties 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 Minnesota Statutes, Section 1163.06, Subd. 2, when in harmony with this Chapter. Response:N/A 6. The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not allowed under this Chapter for property in the zone where the affected person's land is located. Response:N/A 7. The Board or Council may permit as a variance the temporary use of a one -family dwelling as a two-family dwelling. Response:N/A 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. Response: Yes, In addition to the Lake Minnetonka setback there is also the setback from the canal. The location of existing buildings on the lot are non- conforming. 9. The conditions do not apply generally to other land or structures in the district in which said land is located. Response: Yes, the typical Lake Minnetonka lot does not have a secondary setback file:///C:/Users/mcurtis/Downloads/Practical Difficulties Documentation Form (1).htm 1/2 10/10/23, 1:36 PM Letter View 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Response: Correct 11. The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code. Response: Correct, we are maintaining the existing setbacks and not asking to be closer to lakeshore or the canal. In addition we will be removing the non- conforming fence and removing hardcover to get below 25% 12. The granting of such variance will not merely serve as a convenience to the applicant but is necessary to alleviate demonstrable difficulty. Response: Correct file:///C:/Users/mcurtis/Downloads/Practical Difficulties Documentation Form (1).htm 2/2 Certificate of Survev and Tor)oaraDhic Survev I Q) x� 0 20 40 Feet PROPOSED ELEVATIONS TOP OF FOUNDATION = 941.33 GARAGE FLOOR = 941.00 BASEMENT FLOOR = 933.50 Property Description: Tract A and B, REGISTERED LAND SURVEY NO. 500, Hennepin County, Minnesota, according to the recorded plot thereof. Surveyors Note: Easements shown ore from the Certificate of Title it appears that other easements exist, but they were not provided. VOLUME CAL CUL A TIONS: CUT VOLUME = 106 C Y FILL VOLUME = 1,127 CY �o (A,,,fter a , d- V) to 9 \\Tom) A /1 946 � /*,J,p'' Go�c OQ�' I l � / 1 � / U •94� /' � Q � � � U 9 `. CL 1~� _ 4 - X9.i6.93 r Shed Corner 9-r6- \ -�( 'J..4' NE of Line -. \\ O NN '.c J / �• 9� �- _�/ � I � f � shy l�� \. 'o; ram, 417 J c� ?�•° Cl �0 p N eo, -�ofr°,- 9oORnc^ � .jZ �D ION 93 X 931.68 TRA & A y31 4 ) XS3L5ti � !9. -'r•J-' _ 1 Ate-/ 60, LU � / Rood Eosement pert' _ / Son. Mk Doc. No. 544834—R1m=93218 931.60x r INSTALL & MAINTAIN ' . 9 J 0v=925.9 \ 12' WIDE ROCK_, _ _ _. _.__... -.► `�? _1 0 19 A5N CONSTRUCTION 21 A 94 EN TRANCE 31.52 RoiseJ Garden QAF i ✓,,93V73 Box o Eoseme ood se s over Troct -Edge o/ Conol (� J 'y % A7er Doc. No. -�, / � 477271 and 544834 -� 1 �l ! m rn o . � OPOSED R/VEWA Y' Al �N r 1 \ Co�P l �6� S4S plop NDOW 33.0 Q 2.09 Fp.00� g�9. / WELL Off, �OogoSy0 ' 1 0 \ (^ 2.09 0� o / PROPOSED RETAINING 33 CY- p O / 1 _WALLS W FLOODPLAIN FILL 1 0- ON- 5 ��ooioj 93�5 j / -1.00 / Existing °� 936 / 2 /ROPOSED Z r ` Screen Porch AR80RNTA£ QO C?j 00 + ++++++++ ?/ i �" % . , ,o �''� �V .�S LEGEND \ / +-++*+++9�� / 0p'ry% z 7`sr�z z z z �69 / +++++++- .� + 1010 denotes Proposed Contour / + + + +` + t + + �' �/ R / OX denotes Proposed Spot Elevation / + + + +-. +'=r +/p: g32� + + + + + j �/ . �.' ' .8 denotes Proposed Drainage M z %zzz 2z,zzi l O O / ,� /' sr / /� / denotes Proposed Retaining Woll m, + + + + + � + + +�+ + : i' , • • • �/� j / — 9a8 - denotes Existing Contour Q ,y /. v 5 hh / 988.00 X denotes Existing Spot Elevation of + So + + r , , t + + + + +gyp 'f 33 CY u •� FF=989.36 denotes Finished Floor Elevation Q) + + + + + + + + + 00 /+ /`— ,FLOODPLAIN roo + + + + + + i' MITIGATION el o r00, e \ �denotes Pre —construction Silt Logs Q m + ++++++ + i; �`�fo C� ti pd denotes Water Volve * + TRACT B v �\ y y,� + + r \` denotes Hydrant c Q, `A\ Are33,042i S.F. to O.H. W.L. C� , Qs denotes Sanitary Manhole a v "es \ 'sse. denotes Deciduous Tree Poi Sh\\ \.�j� Survey Line \� SS denotes Sanitary Sewer Line � c 9�� ��� \\ \ �•,?i 9 ���9 Ci — x denotes Fence Line sf o o \ �„ s, \ , / \ — denotes Building Setback Line a� �\ \ sQ /./= �� FNron t = 35' a Ei E °0' c.•`o. /� = i \ \ / / o° \ Side = 10 w�� o%�� oo ' R1oRap °A�,� OH = 75' `IIc (`e o) o o / \. 4 �,,rz c �_ o .9 cam, `'`� \� Ro(a;nia,! 00F�%'S0 \\ "go I w� Wad- 10 O o� `\ o cso�o'�o­0. N. W. L. Edge of Conol car .sue �o �� 9 �1 • O O 3 o1 /0a2� HARD S FACE PUBLI ROAD \ PROPOSED HARDCOVER CALCULATIONS: AREA TO OHWL = 33, 042E S.F. AREA Proposed House 3,842 S. F. Proposed Deck 80 S. F. Proposed Porch 218 S. F. Proposed Bituminous Driveway 3,161 S.F. Proposed Retaining Wolls 47 S.F. Existing Shed 101 S.F. Existing Bituminous Driveway 145 S.F. Existing Pavers 15 S.F. Existing Screen Porch and Steps 277 S.F. TO TAL 7,886 S. F. 9 HARDCOVER 23.9 9 or o�Q L� O� •Q a W C O O m Q LO C N j -►.•� i V � O � o �b�zz C •— O 41 a i Q Certificate of Survey and Topographic Survey EXISTING HARDCOVER CALCULA TIONS. AREA TO OH = 33, 042f S. F. AREA Existing House and 3-Season Porch 2,885 S.F. Existing Shed 101 S.F. Existing Bituminous Driveway 3,439 S.F. Existing Concrete 113 S.F. Existing Povers 793 S.F. Existing Deck and Steps 155 S.F. Existing Retaining Walls 128 S.F Existing Gravel 1,618 S. F. TO TAL 9232 S. F. 9 HARDCOVER 27.9 % (Before) \ "47 fto� �0 00, \\ T" A T /1 9A6 \�3j 0 O� \\ �1$1 9338 X936.93 r �3.4She'Corner NE of Line _ \ Cl- _ \ / _ ` Shama O,. ."� `� O �p Je\. fin\ iJ� 9 PrN 9315p 931.46 `�.�• S000 . \ �oii� , �9 931-25 4- S8 ,�0 �� / /� X 931. 68 \ / \ IN r� � 1 / 9,3 � \ �I�A A 46, �) X931.56 /9 S 931. �� 2f ASH�"� —Grovel— /. 0 20 40 Rood Easement per j, / / g23 ASH —Son. MH `;J 1�/;1��c� l / Feet j Doc. No. 544834 A- �\ Rim=93218 9.31.6p� SS / In v= 925.9 1 N, /(11b.\ 021"ASH 019 ASH / klb� / Raised 0 WASH 31.52 Gorden 932 ,, X 931.73 c� / � g Ar Easement for Rood 20AS A- Purposes over Tract. �o � 5 A Ter Doc. No. `J / Edge of Canal 477271 and 544834 0o' BYE 934.27 / X 933.69 X932.6 / / z 9LO Ar 36 / I 1 sco 35.38 935.22 V i p •/-1- PQ � /1 v c2.70 t rn /� v ,N / f� 9\ asco / / ti� f.�9 l: _ -Steps • %"l o� A- 1 / 1 e `'ok �y a �'�.�` 9 .y3 .46 A- 8P) a S%� cob/P�...��\93� 37 20h ' f / 932.06 �� Ar 0 / y bk. Q- /( 930. 28 Po Jars �akP A g 9 5$ �s0. �� 92g \ 9 ?p Steps A- O / �/ 24"ASH o CIA �) 9.31,5\ Pavers Boulder_`ry 930.84X / Retaining Wall �i I \� X931" 76 h _ Bouldei Retaining Waller j =� / A /' TRACT B Are33, 042t S.F. to O.H. W. L X . C ; 931. 02 X / '•ems � `sse, X931.26 LEGEND eof Sh\ \' �e:��E' -Survey Line J\ / 988 denotes Existing Contour 988. 00 X denotes Existing Spot Elevation FF=989.36 denotes Finished Floor Devotion Sri 9� yofi�,. IV / �/ pd denotes Woter Valve �c �l F� / o�� `\�o\\ X931.34 denotes Hydrant �,6:. 'o' \ �. Ri Ro \ >> / o°jci� \ Os denotes Sanitary Manhole �Aor 0 denotes Deciduous Tree 3 �O" "�Or '0`�% \ 9 Concrete r / ss denotes Sanitary Sewer Line o � 'oo 'Q 0- �`� �� \ Retaining— x denotes Fence Line o F 1�,�0 .9 \ oi,+ Wall '�� �•�'c9 � \ `'' / — — — denotes Building Setback Line 0 \ oron t = 35' `ror �l0. O.H.H. W. L Side = 10' OH = 75' ,�o� f�c 0�9J 1 I g31 g9 -Edge of Conal sor I I Property Description: 00 0 / Tract A and B, REGISTERED LAND SURVEY NO. 500, Hennepin County, Minnesota, according to / the recorded plot thereof. ! Surveyors Note: / Easements shown are from the Certificate of Title it appears that other easements exist, but \ they were not provided. W O N ■ — r m 0 ro O � O ° °o• .ai � 0 O U N O O � A � O c N lU N O U .O CO o ilk i� O O O O O cC a0i V � C � V O aLW Q lb I� GE C O lb O � Z O � O � 0 O m I O j J C) C L � L4 U�Q •� - ;m__ "i W_,_ 1 7 �, � - fil Air r-- IL T-�. T I _ TAT '�- D co Lf') C'7 Lf� N 2 0CN ' cB Yo�Q Yccoou):> -0= co co U) O Z -0 : -O Z c N J ti X VwNw W N m z Q J GZ N N T CD CV) 00 L? CD M 8'-6 7/8" 1'-8" 13'-7" 29'-10 5/8" 21'-3 3/4" 14'-5" 1'-8" ti T 9'-4 3/4" 11'-0" 9'-4 3/4" 2 1 /4" T 10 3/4" 10 3/4" -10 5/8" o 1' ' 2'-0" 5, 6„ 1'-01, T 00 N 31/2" _ 1'-0' 5'-6" �? r N_ ;T LO 8„ r N Ll i0 0 00 24'-6" N_ T 24'-11 1 /2" 30'-2" M M T 5 1 /2" 5-5 7/8" 13'-5 1 /2" N M O T 9'-6 1/2" N T i LO T �■1■i�1111■� 2'-6 1 /2" L9 ROE 10'-6 1 /2" 60'-10 3/4" 60'-10 3/4" 2'-0" T L? T fV 00 N Co a0 LO 26'-5" 00 1'-8" 5'-10 1 /4" N ti N Co T T N 10 1 /4" 6'-1" 6'-1 " 00 M N Co N M N a) T 60 L.i N d� N C p oz L i (D n F�1 = CO LO M LO LO N �-r-- zzL. M CN C) W : a O Q Co Ln ' i m ��07:> 0� Co M LO (n O Cz CG G ~ m I.: -0 L O_ Z C:U)-n W ca LO N J r-- X V W N W Co W N Z D N � J mo Gz z n z 0 z 0 H 85-10 1 /4" Scale: 1 /4" = 1' (24x36) zo CM 00 CM zo co 8'-6 7/8" 0 BELOW GARAGE UNEXCAVATED 13'-4 3/4" 24'-4 3/4" 22'-4 1/2" 29'-10 5/8" N T CM 21'-3 3/4" T 2'-10 3/4" s N EXERCISE ROOM 19'-5"X 5'-9" LID N T POSSIBLE MECHANICAL ROOM SOMEWHERE N IN THIS SPACE 7'-4" 00 CLOSET M 7 -4 X4 -3 X 1x- BED 5 11'-1 "X13'-5" 00 LO c'M l 6'-7 5/8" 11'-1 7/8" 4'-0" 00 HALL "' 15'-10"X4'-3" 6-5 1 /8" CLOSET II I II 11'-8" EO x N co AN BED 4 N N 12'-0"X11'-0" 00 ti M T 12'-1 /2" 4'-0" 6'-7 7/8" 0 CV O 3'-7 1 /4" 0 1'-10 5/8" _ O I T EO 0 ao CM 25-5 3/8" N T 29'-9 3/8" 9'-4 5/8" 11'-0" 9'-4 5/8" CID 11 I II 18'-9 3 " 00 00 M � 00 WELL RO M 3'-0" Lu 5 0 9'-2 3/8" 7'-7" 0o 00 3'-8" a LAUNDRY BATHROOM 9'-2"X8'-11" 00 '-711X8'-9" A a X EO a:4 ks. ao HALL "' 24'-1 "X3'-4" 10'-11 3/4" 7'-10" zo X CV 60 CLOSET N X N 7'-10"X4'-2" �' I 5'-9 3/4" N BED 12'-4 1 /2"X 10'-0" 00 M T 12'-4 6'-9" 5'-3" 8 3/4" - 5 -8 1/2" ao 5'-7" 4'-11 3/4" P FIT 2'-2 1/2" 14'-2" (V W X O� MECHANICAL U 14'-2"X 10'-6" 00 I T 00 N T zt I M N EXISTING I Zv N co FURNACE I N MINI 2'-8"X6' 8" a— —_ — DGE 6'-0" 34'-5" FAMILY/ENTERTAINMENT ROOM 34'-5"X14'-6" 6'-1 1/2" 6'-0"Slider Door 6'-1 1/2" 8'-8 3/8" 27'-10 3/4" 8'-8 3/8" 5'-3" 9" 4 3'-0" 00 T � M pLO N T , M N 2- T T O co 7 BED 2 12'-8"X12'-5" = x 12'-8 /4" Q do _I � co a zo � X 6 x N N N 2'-8"X6'-8" 8'-2" o CLOSET 3'-9"X8'-1" M BED 1 12'-5"X14'-6" [ 12'- 1/2" 8'-5 1 /4" - w I T u N c\j Shower 5'-101/4" 6'-1" co N 7 - O co T I I c co LO T 5'-10 1 /4" 6'-1" 1 00 cM N 00 7'-4 1/8" ;— 00 co N a) M N T 00 T — — — — — — — — — — — — — — — �LINE OF UPSTAIRS EXTERIOR (8" FLOOR TRUSS CANTILEVER) 1 00 00 N 6'-101/4" LOWER LEVEL 2432 Ft2 Scale: 1 /4" = 1' (24x36) N N (n 7 Q O L i n F�1 = CO d7 LSD M LO IUD zzC M � .CNI O � Q co � (0U) 0Y co -0 M LO 0 LO (n O L �: Cz � � G L ~ O_ Z c C� (n W ca LO N J X V w N W m WN Z � co (/� N J mo Gz I� 86-10 1 /4" N 00 7t M Co 0 M 0 M 3'-6" O M 29'-10 5/8" 8'-6 7/8" 21'-3 3/4" 10'-1 1 /4" 1 V-2 1 /2" r _ 0 GARAGE 10'x8' Overhead _ T 16'x8' Overhea T 5'-5 7/8" T 19'-11 1 /2" 0 N T N , T- , � T Co N - 3'ox,' O o- T 2'-5 5/8" 8'-10 1 /4" 10'-6 1 /2" T - PR. 3'-0"x7'-0" o N 8'-5 7/8" V-6" M - , 00 Lo 8' 5" � T CO 17'-9 3/4" CLOSET ti 17'-5" X 9'-4" PKT. DOOR 2'-4"X7'-0" 3'-0"X7'-0" N T T N SHOWER 61-10"X51_3" ❑ N 3'-6" 31/ T 4'-1 3/8" MASTER BATHROOM 1 V-0" X 10'-6" 0 o x N o T a O 0 5'-11 1 /2" 4'-0" O 3,_4„ PWDR. BATH 4'-11" X 7'-6" 5-0" ~ - 9'-8" Oo xl yC d N 6-3/4" r I I �' PKT. DOOR 3'-0"X7'-0" LAUNDRY 9'-7" 2-8"X7'-0" X 7'-4" L? r` 1711 - 0 ?� N 3'-8" - CLOSET °�T° 2'-5" X 5'-11" 6'-0" - �5'-0" 6'-3" 3'-0"X7'-0" HALL 213'-10" o _ X 4'-0" T M 14'-8 3/8" 17'-9 �/4" _1 MASTER BEDROOM 179X140 8/12 VAULT 3'-10" 1 4„ 5 81 r4"3'-10" SEE ELEVATIONS FOR WINDOW SIZES 56-11 5/8" 8'-9 1 /8" 27'-3" 29'-9 3/8" 9'-4 3/4" 11'-0" 9'-4 5/8" 13'-9 3/8" 00 ----� ----� _-- ---- 1�_6" 6'-6" 9'-4 7/8" 5'-5 3/4" 0 3'-1/4" 3'-9 3/4" 3'-9 3/4" II 10'-5 3/8' I I 2'- 3 3/4" 3 3/4" Upper Ar d 7'-6" - L 3'-6" 3'-6" 3 -6" FREEZER FRIDGE - STAIRS -- ---� 10'-5" X 7'-6" + rk, _ PANTRY 7'-6" x 5'-10" I o ti I o x Izo aN I I FOYER 3'-8" 11'-3" X 5'-9" I 5'-11 1/2" 8/12 VAULT - 00 - N OFFICE 9'-9" X 16'-8" °= � O FP o I Co "t o T W XI j C? o� I I 9' 8'-0" NEW DECK 10'-0" X 7'-11" RE -USE EXISI ING RAILING 14'-3 3/8" 7 h /0„ II II II II II II II II II II II II - - - - - - - - - - - - - - - - - - - - I F___ II II GREAT ROOM 24'-11" X 20'-10" 6,� II II - - - - - - - - - - - - I 17'�1 " 5 1/2" 5 1/2" 5'-9 1 /4" 5'-6 1 2" 5'-9 1 /4° - —_-------I�--— 27'-10 3/4" q SEE ELEV TIONS FOR WINDOW SIZES 13'-11 3/8" 1 21'-8 5/8" KITCHEN 18'-8" 17'-5" O T � II 6" II DINING ROOM 18'-8" X 11'-4" 1 V-6 1 /2" 4 9'-10 7/8" i 12'-2" EXISTING SCREEN PORCH 18'-2" X 11'-9" Co T 00 T N T 0 T 00 80 T N 00 Lo 0 N 0 M Lf� N Z 2 0 m_Dlta �Lo(Q Co Lo '=i m Y (D U) Co m -0 Lo 0 Lo (n O L �: zZ G L ~ O Z C: U 'Fn W ca Lo N J r, X VLUNLU Co W N Z (/� N J �o GZ 29'-11 1 /4" 10'-0" 4" 85'-10 1 /4" Scale: 1 /4" = 1' (24x36) 29'-10 5/8" 8'-6 7/8" 21'-3 3/4" 10'-1 1 /4" 11'-2 1 /2" 0 0 2 8� I I I I 6'-5 3/4" 1'-10 5/8" 4'-7 1 /4" I N N ATTIC ATTIC � 2'-10 1 /2" 1'- 0 5/8" 4'-7 1 /8" N s 3'-9 1 /4" C9 CD zo 5'-0" U, - Shower 4'-1" 8' FINISHED CEILING GUEST LIVING 00 14'-0"X16'-7" N GUEST BATH 8'-8"X8'-3" 2'-8"X6'-8" 0 in i` w Ln 8'-7 1 /4" N GUEST KITCHENETTE 04 6'-0"X8'-7" Ln Er I LINEN U ATTIC 2'-9"X4'-0" o U Z Lu u- °° N x LLJ 00 0O X ATTIC J di OWN 16R N i- i co2'-8'X6'-8" N N i M X N N MECHANICAL Li 5'-8"X 16'-0" - ti N 13'-8 5/8" Flat Ceiling I 6'-5 7/8" 16'-11" 5'-5 7/8" BONUS ROOM 735 Ft2 Scale: 3/8" = 1' (24x36) GUEST BED 16'-0"X14'-8" 16'-11 �Y Lu M N Z 2 0 'cB m � � a �O�Q Y � cn 2,-, 13� Cu LO -0 M M .L � Cz Cu >, G L Z C: U) 'v� W Cu U-) � VwNw W N � CO N H 00 O m W 970.25' Peak of 14/12 Roof UA OF TRUSS BEARING P OF MAIN LEVEL SUBFLOOR N LEVEL TRUSS BEARING --93305' Lowest Opening (City requirement) --932e5' Lowest [per' (may n qulrement) --93105" 100 Year Flood plane --930e34° Above Sea Level (ExisUng Lower L --929o5' Average Lake Mtkao Elegy —928o3 Lake Pao Current Elevation (8.10023) W D 00 CA Lf') C'7 Lf� N m-DCN 4n Y C) YcNou):> Co co L2 O � L Z -0-r- O Z CU)•U) N J ti X VwNw W N m z J GZ C/) z 0 U W C/) Scale: 1 /4" = 1' (24x36) D 933.V Lowest Openung (City requirement) �32.Y Lit R= (City requirnent) 93105" 100 Year FIB Plane �30e3-V Above Sea L (Bdsdng Lam° Level Floor) �29.V Awe Lake Mtkao Elevation �2.3 Lake Mtlao Current E (8010023) Scale: 1 /4" = 1' (24x36) W D 00 1 0 LO CO LO LO N Z 2C)'cB m � Y C) dS LO '� M 04 Y(DU):> -0= rM CO LO U O Ln Z -O Z C •U) LO J ti X VwNw W N � co N Vi rn I--1 C) CO Z Q J Gz C/) z 0 U W C/) I�l D --93305' Lowest Opening (City requirement) ----932e5' Lowest Floor (City requkernent) 43105" 100 Year Flood Plane ----930e3# Above Sea level (ExWng Lam° Lem Flu°) ---929o5' Average Lake Mtka. Ellevadon ----92803 Lake Mtka. Current Mention (8,10023) Scale: 1 /4" = 1' (24x36) ----93305' Lowest Opening (City requirement) --932e5' Lowest Floor (Cly r qukerrent) 3105" 100 Year Flood Plane ---92803 Lake Pao Current mevation (8.100233) Scale: 1 /4" = 1' (24x36) W D 00 C) LO Co LO Lid N z 2 0 ' cB m -D 4 Y CD W Q CoLO '� M Yd (0 Cf) :> -0= 0� Co -0Co LO Cn °o LO -z � -o Z C ' J P, X VwNw W Co co N Vi rn I--1 CD m z Q J CI z 0 U W 933.5` Lowest Virg (City requireronent) 932.5r Lit Floor (City requirement) 931.5" 100 Year Flood Plane TAverage Lake Mdm. Elevation 928.3 Lake With. Current Bevado a (8.10.23) Scale: 1 /4" = 1' (24x36) ----933.5r Lowest Opening (City requirement) --932.5` Lit FIB (City requirement) ----931.5" 100 Year Flood Plane -----928.3 Lake ltka. Cunat B&Mm (8-10.23) W 00 1 0 Lf') C'7 Lf� N CN m 4 Yo�Q CoLO '� M Yd(0U):> Co co � O � Z -0-r- O Z CU)•U) J ti X VwNw W N � co N I--1 0 m z Q J GZ C/) z 0 U W U) Scale: 1 /4" = 1' (24x36) ICI W D Co LO Co LO LO N Z 2C)'cB m � Y C) dS LO '� m Y(DU):> -0= rM Co LO U O Ln Z -O Z C •U) Lo J ti X VwNw W N Co z Q J GZ C/) z 0 U W C/) Scale: 1 /4" = 1' (24x36) IT Lowest Offing (Chy re 2.5' Lowest FIB' (City Mul 1.5" 100 Year FIod Plane Ong 9Above Sea Level (Edsti 9e5' Age Lake Pie Elev W D 00 CA Lf') C'7 Lf� N CN m 4 Yo�Q YcNou):> Co co L2 O � L Z -0-r- O Z CU)•U) N J ti X VwNw W N m Z Q J Gz C/) z 0 U W C/) Scale: 1 /4" = 1' (24x36) I�� 3.5' Lowest wing (City requkrero ) 2.5' Lowest fH (City requirement) 1.5" 100 Year FIB Plane 003-V Above Sea Levell (Bdsd 9g Lower LEI I 9.5'Average Lake Mdm. Elevation 1.417, AM CUT ALONG PEAK OF SCREEN PORCH D 00 L0 co L0 L0 N Z 2 0 ' cB m � Y C) dS Lr'04 Y(DU):> -0= rM co L0 U O Ln Z -O Z C •U) Lo J ti X VwNw W N co N V� 6i N o m z a J GZ C/) z 0 U W C/) Scale: 1 /4" = 1' (24x36) A10 0 0 0 933e5` Lowest Opening (City Mukero ) 932.5` Last floor (City requirement) 931e5" 100 Year Flood Plan —930-3W Above Sea Levell (Bdsdng Lower Level Floor) 928.3 Lake Mtka. Gum Bmti n (8010.23) CUT THROUGH FRONT PORCH D 00 L0 co L0 L0 N Z 2 0 ' cB m � Y C) dS Lr'04 Y(DU):> co co Lf") O Ln Z -O Z C •U) N J ti X VwNw H � V� WL Cu r9 0) Oice 0.3: W N co N N o m z Q J GZ C/) z 0 U W Scale: 1 /4" = 1' (24x36) All CUT THROUGH GARAGE/ NO DORMER Scale: 1 /4" = 1' (24x36) 5 932..T Lowest Poor (CRy requirement) 931.r 100 Year Flood Plane 929..T Average Lake Mtka. Elevation 92.3 Lake Rica. Current Elevate (8.10.23) 931.5" 100 Year Flood Plane Average Lake Mtka. Elevation W 00 0 Lf') C'7 Lf� N 2 0 ' cB m - Y C) co 04 Yd(0U):> rM �co L0 U O U') •� � CZC � G � -0 o z J ti X VwNw F- LU L CIO r9 0) 0 q) a� W N � co N Vi rn I--1 O m z Q J Gz z 0 U W 0 CUT THROUGH GARAGE DORMER 928.3 Lake Mika. Current Elevate (8.10.23) Scale: 1 /4" = 1' (24x36) Al2 cumin ornnE' .1nill) LO M LO LO N Z 2 0 Co m � 04 a �Lo�Q co CN '� co Y(Dv):> M M co LO U n O L .L �: Cz C L ~ O_ Z c U) cn W co J X VwNw m WN Z � co N � J mo Gz A13 11,01 �mMEN Y LU LO M LO LO N Z 2 0CN 'cB m � a �L C)CL LO Co CN Y(Dv)� M M Co LO U n O L .L �: Cz C m L ~ L O_ z C U) F W Co J X VwNw W N m z Q J �z Scale: 1 /4" = 1' (24x36) A15 r LU I) CD LO M LO LO N Z 2 0CN 'cB m � a �L C)CL LO Co CN Y(Dv)� M M Co LO U n O L .L �: Cz C L ~ O_ Z c U) cn W Co J X VwNw W N m z Q J �z Scale: 1 /4" = 1' (24x36) A16 W D Co LO Co LO LO N Z 2C)'cB m � Y C) dS LO '� m Y(DU):> -0= rM Co LO U O Ln Z -O Z C •U) Lo J ti X VwNw W N Co z Q J GZ ry O z Scale: 1 /4" = 1' (24x36) A17 W D Co LO Co LO LO N Z 2C)'cB m � Y C) dS LO '� m Y(DU):> -0= rM Co LO U O Ln Z -O Z C •U) Lo J ti X VwNw W N Co z Q J GZ z O H Q w J W Scale: 1 /4" = 1' (24x36) A18 Co ��i...i.�i.�■� ifs i, Peak of Proposed 14/12 - 970.259 Roof - 96 .89' Co _ - W _I U 00 _ I - Existing Peak --- — 956.177' BEEN �I�i _�I�_ ��I �IIPI�I�1 _■ P■■■ �nl�lml� ■oI■■ �n Id4111::IP� 0� !■■■ �III�I■� �olloo .� i�iilGilE ■:i Dposed Lower Level Slab = 933.5 PROPOSED - West EXISTING - East Existing Peak 956.177' 000000 00 Ln 1-I M 0 - I 00 Ln 00 d 1 r_ _: _A-: Peak of Proposed 14/12 - 970.25' Peak of Proposed 10/12 Roof - 965.89' Co Ln 14, Scale: 1/8" = 1'(24x36) EXISTING - West NINON 00.011 PROPOSED - East Existing Lower Level Slab 1 M N O N L QC C Q) 4- a 0) Ln M Ln Ln cz G a a fu 0 N N Ln N U) O Ln N O U) L D m Y 06 Y 0 0 U) Ln N I on in MEN onsommon ENOMONEE ii iiii ii �ii �ii iii NONE NINON NINON MEN iiiii iiiii iiii monsoon limmoli 111111 no mm no ]oil 1111VE, NO INS loss 00010 milli, MEMO loss NINE Is' 1 inisim limmoll Proposed Lower Level Slab = 933.5' A Go PROPOSED -West 01 Existing Lower Level Slab 930.34' El n EXISTING - East Peak of Proposed 14/12 - 970.25' .I Peak of Proposed 10/12 Roof - 965.89' 00 _ Ln Co LO Peak of Proposed 14/12 - 970.25' Existing Peak 956.177' as R1 Ell III I 1 0 WM V Existing Lower Level Slab 930.34' EXISTING - West Peak of Proposed 10/12 Roof - 965.89u 00 00 Ln - Ln Existing PeakUJII M 956.177' OP �D N 937.88' Existing Garage Floor Scale: 1/8" = 1' (24x36) oil ■■ ■i■ in ■1 i [NJ 1 ■■ 1 :■:::'IL ■ ■■ � ■ ■■ � 1 ■■ 1 NONE ONE NONE PROPOSED - East M N O N L �C C a) 4- Q Q) Ln 0) Ln M Ln Ln z C Q fu 0 N N U0 N U) D O Ln N Ln CD Y 06 Y 0 0 fu Ln N Peak of Proposed 14/12 - 970.25' 00 PROPOSED EXISTING - North Existing Lower Level Slab 930.34' EXISTING South Peak of Proposed 14/12 - 970.25' Scale: 1/8" = 1' (24x36) North PROPOSED - South Existing Lower Level Slab 930.34' --------------- m Y 06 Y ry 70 0 0 70 Ln N Peak of PrnnncPrl 1 n/1 ? Rnnf - ()F,S_Ro' 933.5' PROPOSED Through Deck M EXISTING Through Deck 933.5' PROPOSED Through Front Stoop f EXISTING Through Front Stoop Scale: 3/16" = 1'(24x36) L m Y 66 Y ry 70 0 0 70 N 14/12 PPaI- of PrnnncPri 14 PROPOSED Along Roof Peak Co Bonus Room 0.25' Co Master New Garage It Bedroom \ 943 52' Proposed M.L. Floor 941' T.O. Proposed Garage Floor PROPOSED Through Garage Co N M Go \ M a u Existing Peak 956.177' EXISTING Along Roof Garage Great Room - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 938.84' Existina M.L. Peak Existing Garage Peak 954.59' .bb, txisrina uaraae rioor Co \ 17 �n 938.84' Existina M.L. Mr— 933.5' TJO. Proposed Basement --------------------------------------------------------------------------------------------------- ------------------------------------- 30.34' T.O. Existina Basement Slab Scale: 3/16" = 1' (24x36) EXISTING Through Garage M N O N L QC C Q) 4- Q 0) Ln M Ln Ln z 57 a a� a ro 0 N N N Ln N 2 U) D O Ln N U) L D m Y 06 Y 0 0 U) Ln N -------------------------------------------------- I --------------------------------- I- W Co Ln Existing Peak 956.177' N -- 943.52' Proposed M.L. Floor 938.84' Existing M.L. Floor Peak of Proposed 10/12 Roof - 965.89' Overlay of Existing and Proposed through Deck Co Overlay of Existing and Proposed through Front Stoop M Scale: 3/16" _ 1'(24x36) 933.5' T.O. Proposed Basement Slab 930.34' T.O. Existing Basement Slab 928.3' Lake Mtka. Water Level 8.3.23 D. Proposed Basement Slab .O. Existing Basement Slab 928.3' Lake Mtka. Water Level 8.3.23 M N O N L E Q O Ln M Ln Ln z C a a� a ro 0 N N N Ln N 2 U) D O Ln N O U) L s m Y 06 Y ry 0 0 U) Ln N 21'-3 3/4" 0 I 28'-0" i M 36'-6" x 28'-0" Garage Addition = EXISTING L 27'-3" 29'-9 3/8" 2' Addition including foundation co Ln GAGA I T co O � � I N — — — \ II II II II _ l� _��_ ---- _____ __ II II II I — ILI L-- , — — U � � RAISE EXISTING SCREEN PORCH II II IIN� I I TO MATCH �_=====J—_______ _ ——_____� __-=__—____ __ I =__= NEW HIGHER � � — — s � MAIN LEVEL L_--- I FLOOR El �I - ,� Il I - I � III II I— r—�— ICI- \L-- II II I, I II , II -------------11 II II I =� I II FP [ II % L-1 L-1 L-1 I I I I I[ II — -- -- ---- ------------ o Smaller Deck I o Shifted over I 27'-10 3/4" Main Level Plan L ------ 101 (Dashed indicates existing) a Bum (Cpout on Main Level Only Scale: 1/4" = 1' (24x36) (Cantilevered Floor Trusses) V I LU D m M N O N L QC C Q) 4- Q U0 0) Ln M Ln Ln z a T a ra 0 N N N N 2 U) D O Ln N O L m m Y 06 Y 0 0 U) Ln rn N N Lower Level Plan (Dashed indicates existing) Scale: 1/4" = 1' (24x36) O N N N N 2 V) D O U) N _0 ry 70 0 0 70 M Ln N 29'-10 5/8" 21'-3 3/4" Upper Scale: 3/8 if 1' (24x36) Level Plan _0 ry 70 0 0 70 M V) Ln N Peak of Proposed Roof - 970.25' Co 00 i M Midpoint of Roof 962.0' LZ Replace Existing Screen 00 Porch ---------------------------------------------------------- ------------------------------------------------------------------------- F-I0 N 943.52' Proposed M.L. Floor Proposed Plain L vel 943.52' 00 Co OP i e Op i N 938.84' Existing M.L. Floor rI - O M i W 00 r-I r- r\I -------------------------------- -------------------------------- 933.5' T.O. Proposed Basement Slab�33.5T.O. M Proposed Basement Slab 930.34' T.O. Existing Basement Slab 930.34' T.O. Existing Basement Slab 00 928.3' Lake Mtka. Water Level 8.3.23 M East/West Overlay through Peak of Roof Peak of Proposed Roof - 970.25' Mid point of Roof 962.0' 0 r� Ln .' Bonus Room 60 �o M 00 New Garage Addition r� 943.52' Proposed M.L. Floi5r r� M 941' T.O. Proposed Garage Floor 938.84' Existing M.L. I � 937.88' Existing Garage Floor 933.5' 930,34' 928.3' r� M North/South Overlay through Peak of Garage Roof M N O N O L QC C Q) 4- Q 0) Ln M Ln Ln z a a� a ra 0 N N N .s Ln N 2 U) D O Ln N O U) L D m Y 06 Y ry 0 0 U) Ln N F to] City of Orono Hardcover Calculation Worksheet Property Address: Z.7 0s S k N vgc,t feno Prepared by: a�S �k,4 It' Date: OQ z aZ 9 Stormwater Quality Overlay District Tier: (Circle one) ':Tier 1 Tier 2 Tier 3 Tier 4 Tier 5 Step 1: EXISTING HARDCOVER In the following table identify all items of existing hardcover on the property, keyed by letter to site plan or survey (must accompany this form). Use as many lines as necessary to accurately depict existing hardcover status of the property. For Tier 1 properties, identify any features by letter which are within the 75-foot setback or split at the 75' setback line and calculate hardcover square footage separately for each portion. Key to Surve Hardcover Item (Describe) Length x Width Total (Square Feet (Example) (Garage) 24' x 30' 720 S.F. A SQ 3Z_S' x 67' i I `3.17 S.F. B o cr w, 4 L ti -i t' - b1-. 2Q' X o _ Sd 1 tA I az S.F. C 'e tV 'n -7 V e O ' x ' o p S.F. D Ort4f Wa IZ-Q I f-7F I l i - S.F. E rl dc, -7' St 6,c c iLl, x SI.W f '-i.% S.F. F C, rz Zo,r ' x t 1 r3 S.F. G oJCIS X I '7Z . S.F. H vjtt or% -7 C uc . 7ZA _ 3 S.F. �+,. n ..,a S ► r� S' ai I,L' x o' S.F. J , ravel 1-7.5' X 6 z_-7' 10 S.F. K t1Jc rijC 1'�-7 Sc tJGIG 7' x i •� - -7 S.F. L r'na c. 4X n 1V se sicc. -z-7.7'x!L' �{1iS.F. M J .,jc i kin 7S' sP Le X 1 `7�-t S.F. N I�G 1�,n 75' se pcta Ic7_Z' k l01 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 Existing Hardcover q2 21- S.F. Excludable Hardcover See City Code Sec 78-1684 S.F. S.F. S.F. S.F. S.F. 2 Total Excludable Hardcover d S.F. 3 Net Existin Hardcover Subtract line 2 from line 1 `1S�Z •$ S.F. 4 Total Lot Area 33oN Z S.F. Existing Hardcover Percentage [ (3) _ (4) % L (Proposed Hardcover next page) Last Updated: July 2023 Note. This is an information sheet only, every effort has been made to ensure 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 8 of 9 City of Orono Hardcover Calculation Worksheet (iFsIto Property Address: Z-7L� S�G� WO�]� ,�� OC "N0 f Prepared by: k dAs �' & Date: 0tlI I Z oz9 Stormwater Quality Overlay District Tier: (Circle one) Tier 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 site plan or 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 within the 75- foot setback or split at the 75' setback line and calculate hardcover square footage separately for each portion. Key to Survey(Square Hardcover Item (Describe) Length x Width Total Feet (Example) (Garage) 24' x 30' 720 S.F. A NouS>✓ 315k 36.3 1179-a<2 S.F. B a W1t1n,A -7 ice: 0' X 4,1 1 1473•y S.F. C.�.5' X Z ` 1CZZ S.F. D c+5�� ori. wi�{��l� �Si S ' �uGk Z.�{' klz' Z°lo S.F. E Dr,ve w,, 13oS.-7 S.F. F + r' a wi P boG Z °�C+- g 7 S.F. G 4NLA e j 7 ' sct 6.+c 2 Z4t . 3Z S.F. H av r t 1 ti.; —7 S' e c �G 417 S.F. l a( t^ —► S' .� n G k ' I.5 x� I z a S.F. d S(+Cd w ,n `7 rat. t�.�' a `�. ` IOj S.F. K t}n: ANAA .na I,S' X 25 3-7•S S.F. L S.F. M S.F. N S.F. p 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 _ c7 6 S.F. Excludable Hardcover (See City Code Sec 78-3684): S.F. S.F. S.F. S.F. (2) Total Excludable Hardcover 17,S S-F. (3) Net Proposed Hardcover [Subtract line (2) from line (1)] g ILlS -S S.F. (4) Total Lot Area 3 so ci Z S.F. Proposed Hardcover Percentage [ (3) + (4) ] Z 14. 6 % Certificate of Survey and Topographic Survey k, , (A ft e r) sh �H 'r-1 n 'I r r) 9ve C_ 'S.-NE of enr g PRQPOSM EL E VA PDN5 rOP DF FOUNVAWN s 940 33 rCr7^ v •'.'?, a� .L'' i "} OARACE rLOOR - 947.DO HASCA+ENr FLUGIR °roperU' Description. r��yy�qq q rrrrc! A and n BELTS F£RED LAND to' Occ SURYSy NO A 1� f r�.. + ft/-1 A O 8 the Hennepin Counlp fRinneaata gccprd+'ng to I W i the recprded plgl fpCrCpl ,$�� Rbae Ee�enrewl -— r a krrruL t kwrrAw itlrnr),nrs Nofe: . I}' Ib7AW�AfF F" _\ ` 4 , • H C Cosements snows" han Too Ca Fffi'eote 01 CQYSENMAArd rllr rf "egrs thq! other egsemcn fs exists Au! _--�'- y� 'ney were vof prarided. BUILDABLE - ? tea' - / [f � � �-� c ENVELOPE v(XUW CALCULAPON59 Y l JELI ur N7LLW = 106 Cr A; a l a r,.m FILL VLY.UAIC l,177 LP �e, . rr aer rfe ', ;w 1 -rege w end • �I. ' LU 4, tea_ f i€lrnr ti 17 /Ar w rCO I Al ` C -.na r vnrDaDtta Z �t ` WALL 5 Ak 1!I r �L rt xew lw rx r l Snr. w .waavxrer m 1 � denvte5 Proposes Contour denvfea Proposer! Spo! Ele.gt.;r. _ _ •C� - • a .� . (' 1 -' I derlales Proposed Dminage t'7 ! ^'a 1 ` • • • •r r r r _ t { V ?% moms denotes Prvpnsed Retaining Walt N � 1 • '� • �.(�� r 0p � r' � .y rse denotes E.vlslinp Cvnlvur p 4;1 Cy „per i� , V h'r,/ van oa :• dengfas E„•rsling 7pof Elewfivn r } � don I" Fin;shoe FMar EW�aNvn m M1 ' wncfmar S ti 1 dMolra a zu Lags ^fin n T nr{� i.;!� DQ denotes Water wwe I f AC l B V , 1, yL ■■', denotes H}Oronr g __ Are�33,0i?t Sr. to Q.tf,wCi�:r II ® denotes Sanitary Alenhole 3� denotes L7eckWWs Pee denotes Sanitvrl Serer Line + denales Fence Lute denples RLWdNrg SeAbock Line n `� Front 35' it 8 t •j ! �r 57de t0•,m 1 r: wk DEdIH " 2' *US ED ADD. „YORYIlf F�HMr� iK��r �+r� f pER it(Ca r 1 i C -sz� 6 d+� c a�' a m ti C C O �ov� Q�rs c ry r _ m � ROCK CONSTRUC77him UlT4AN € fiaLa M2Ui PROPOSED HARDCOVER CALCULA17ONS- AREA TO OHilL = d.1lOs7t SF AREA r'roposad Hww Asdj S.F. . roposod Leek 8b SF Proposed Porch z+@ SF Proposed B+ramrnous Orire woy .�i61 sr r2reaDDsvd Retaining tlaNe �i Sr. esisemg Soled i0! 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IZ- 'OL �,7 F NA 7;7 38 21-117-23 13 0023 38 21-117-23 24 0054 97 21-117-23 13 0015 HANS BERGH & SHARON BERGH CKONE DEVELOPMENT LLC JOHN B & MARY C TOWNSEND 2800 SHADYWOOD RD 161 PRIMROSE LA 4235 CIRCLE RD EXCELSIOR MN 55331 MEDINA MN 55340 TONKA BAY MN 55331 38 21-117-23 24 0009 38 21-117-23 24 0059 97 21-117-23 13 0016 KATHLEEN C BATTIS MARLYS J OGLE LARSON PROPERTIES LLC TIMOTHY J BATTIS 2771 SHADYWOOD RD P O BOX 270710 2066 BOULDER RD EXCELSIOR MN 55331 MINNEAPOLIS MN 55427 CHANHASSEN MN 55317 38 21-117-23 24 0016 38 21-117-23 24 0060 97 21-117-23 13 0017 CHERYL & DARWIN LUNDSTROM THOMAS M RANDGAARD COUNTY OF HENNEPIN 4201 SUNSET DR #514 1730 KENWOOD PKWY FACILITIES SERVICES SPRING PARK MN 55384 MINNEAPOLIS MN 55405 300 S 6TH STREET MC 228 MINNEAPOLIS MN 55487 38 21-117-23 24 0020 38 21-117-23 24 0061 97 21-117-23 310001 C CAMBRIDGE STEVEN & DONNA LEIGHTON KENNETH A BERTRAM PO BOX 281 8830 POINTE VISTA DR GAIL T GRIFFIN SPRING PARK MN 55384 VICTORIA MN 55386 4240 CIRCLE RD EXCELSIOR MN 55331 38 21-117-23 24 0021 38 21-117-23 24 0062 97 21-117-23 42 0016 RICHARD C SCHWALBE DEREK PFLUG KENNETH A BERTRAM DIANE E SCHWALBE JACK PFLUG GAIL T GRIFFIN 8125 NARCISSUS ST 6211 CARDINAL AVE 4240 CIRCLE RD. VICTORIA MN 55386 EXCELSIOR MN 55331 EXCELSIOR MN 55331 38 21-117-23 24 0028 38 21-117-23 24 0063 97 21-117-23 42 0017 UNDIVIDED RANDY & TRACY GUSTAFSON DAVID F BURNS 19565 ROSEDALE AVE DEBRA A BURNS EXCELSIOR MN 55331 4250 CIR RD TONKA BAY MN 55331 38 21-117-23 24 0029 38 21-117-23 24 0065 97 21-117-23 42 0018 JOHN R MATACHEK KIMBERLY K SCHOTTLER SILK ROAD PROPERTIES LLC 2735 SHADYWOOD RD 2740 SHADYWOOD RD 4 WINDSOR GREY CLOSE EXCELSIOR MN 55331 EXCELSIOR MN 55331 ASCOT SL5 7FZ UK 38 21-117-23 24 0035 38 21-117-23 310002 97 21-117-23 42 0019 ERIK S WINEGARDEN ERIK S WINEGARDEN THOMAS H PENN MARISSA K WINEGARDEN MARISSA K WINEGARDEN SALLY G HEBSON 2795 SHADYWOOD RD 2795 SHADYWOOD RD 4270 CIRCLE RD ORONO MN 55331 ORONO MN 55331 TONKA BAY MN 55331 38 21-117-23 24 0040 JEFFERY T ENGLER 2760 SHADYWOOD RD EXCELSIOR MN 55331 38 21-117-23 24 0041 RICHARD & JEANNE CARTER 2780 SHADYWOOD RD EXCELSIOR MN 55331 38 21-117-23 310003 JOEJASPERSEN 2745 SHADYWOOD RD EXCELSIOR MN 55331 97 21-117-23 13 0014 RONALD R & MARICA M MCDANIEL 4241 CIRCLE RD TONKA BAY MN 55331 Hennepin County Locate & Notify Map Date: 8/23/2023 2 Tod 2720CM r.,'z5 Z73; r� 4235/ 1 ; ii� , s _ d254� d2${1 42 TO Qm dZB� aq -0$66 a t�R d�9+0 • r d.iid -011� All Buffer Size: 500 0 50 100 200 Feet Map Comments: I I I I I I I i 1 2795 Shadywood Rd This data (q is furnished 'AS IS' with no representation as to completeness or accuracy; (ii) is furnished with no warranty of any kind; and (ii) is notsuitable for legal, engineering or surveying purposes. Hennepin County shall not be liable for any damage, injury or loss resulting from this data. For more information, contact Hennepin County GI S Office 300 6thStreetSouth, Minneapolis, MN 55487 /gis.info@hennepin.us Date Application Received: 08/25/2023 Date Application Considered as Complete: 10/04/2023 60-Day Review Period Expires: 12/03/2023 To: Chair Bollis and Planning Commission Members Adam Edwards, City Administrator From: Natalie Nye, Planner Date: October 16, 2023 Subject: #LA23-000053, KC Chermak with Pillar Homes o/b/o James and Kim Horton 3765 Watertown Road Variances — Public Hearing Application Summary: The applicant is requesting a front yard setback variance and a side yard setback variance to construct three new covered entryways. Staff Recommendation: Planning Department Staff recommends approval. Background The property owner is requesting setback variances in order to construct new covered entryways on the existing home. The existing home is nonconforming to the setbacks of the RR-1A zoning district which requires a 100-foot front yard setback and 50-foot side yard setback. The existing home is situated 70 feet from the front property line and 16 feet from the side property line. The new improvements include a 43 square foot front porch over an existing stoop and two roof expansions over existing doorways. None of the entryways will protrude any closer to the property lines than the existing home. The subject property is not subject to hardcover or lot coverage limitations. Practical Difficulties Analysis Applicant Submittal Information: The applicant has provided supporting documentation regarding Practical Difficulties attached as Exhibit B, and should be asked for additional testimony regarding the application. Planning Staff Practical Difficulty Analysis: Regarding practical difficulty, Staff finds the location of the existing home a practical difficulty. The existing home does not conform to the required setbacks and the proposed improvements do not extend beyond the closest point of the house. The proposed covered entries are very minimal and meets all other zoning requirements. LOT ANALYSIS WORKSHEET Section 78-350 — Setbacks: RR-1A Required Existing Proposed Front/Street 100, 70.1' 70.1' (Addition 81.8', 87.3') Rear 100, 900'+ 900'+ East Side 50' 16.6 16.6 (Addition 48') West Side 50' 115' 115' Applicable Regulations: Front Yard Setback Variance (Section 78-395) The existing home is nonconforming as it relates to the front yard setback requirement of 100 feet. The closest point of the home to the property line is 70.1 feet. The proposal includes two new expansions of the home into that required a variance. The new front porch will be approximately 87 FILE #LA23-000053 October 16, 2023 Page 2 of 4 feet from the front property line and the new covered entry abutting the garage will be approximately 82 feet from the front property line. The roof expansions require setback variances. Side Yard Setback Variance (Section 78-395 The existing home on the property is nonconforming as it relates to the side yard setback of 50 feet. The existing home is 16.6 feet from the side property line at its closest point. The proposal includes a roofed entry way on the rear of the home. The new roof is approximately 48 feet from the side property line and thus requiring of a variance. The proposal does not protrude any closer to the side property line than the existing home. 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 to construct a 43 square foot front porch and expand the roof over two other entry ways is in harmony with the ordinance. The existing home is nonconforming as it relates to front and side yard setbacks and the proposed expansions do not protrude any closer to the property lines. The improvements are minimal and do not change the character of the home. This criterion is met. 2. The variance is consistent with the comprehensive plan. The variances to permit a reasonable front entry to the home and extend the roof over two other doors to the home is reasonable and consistent with the comprehensive plan. This criterion is met. 3. The applicant establishes that there are practical difficulties. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; the owner's request is reasonable and the minimum necessary to achieve the goal of covering the entry ways. The proposal does not extend any further towards the property lines and meets all other zoning requirements; There are circumstances unique to the property not created by the landowner; the existing home on the property was constructed over 50 years ago and predates the current zoning code. The homeowner is not responsible for the placement of the existing home; and c. The variance will not alter the essential character of the locality. The proposed FILE #LA23-000053 October 16, 2023 Page 3 of 4 covered entryways are minimal and will not impact the character of the home or neighborhood. 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 residential improvements are allowed uses 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 home was constructed prior to the current zoning code and is nonconforming as it relates to front and side setbacks. This condition is peculiar to the subject property. This criterion is met. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The existing original home on the subject property is a unique condition. 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 covered entryways will allow for the better function and use of the home. The proposal has designed the minimum size necessary to achieve the goal and maintain the character of the home. 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. The variance will not impair health, safety, comfort or morals and will not be contrary to 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 variance requested is necessary as the home is constructed beyond the required front and side yard setbacks. The covered entryways have been designed so that it is minimally impactful and do not further decrease the nonconforming setbacks. 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 Planning Commission should inquire if neighboring properties are supportive of the project. Staff has not received any public comments or neighbor acknowledgment forms. 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? FILE #LA23-000053 October 16, 2023 Page 4 of 4 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 front yard and side yard setbacks as applied. List of Exhibits Exhibit A. Application Exhibit B. Practical Difficulties Documentation Form Exhibit C. Survey Exhibit D. Plans Exhibit E. Mailing List & Map 10/10/23, 2:54 PM Permit Details I Citizenserve Land Use Application Summary Application Date: Address: Parcel Number: Land Use Number: Application Submitted By: Owner: 08/25/2023 3765 Watertown RD Orono, MN 55359 3211823340013 LA23-000053 Agent on behalf of property owner Name: JAMES F HORTON Address: James and Kim Horton Applicant: Name: KC Chermak Company: Pillar Homes Partner, Inc. Address: 1700 Niagara Lane Plymouth, MN 55447 info@pillarhomes.com Contact Information: Project Description: Land Use Application Type: Applicant Signature: Associated Contact: Associated Contact: Associated Contact: Associated Contact: New Entry Porch at front of home Amendmend Application Appeal of Admin Decision Concept Application Conditional Use Permit Site Plan Application Subdivision Application Subdivision Exception Vacation Application Variance Application https://www3.citizenserve.com/Admin/PermitController?Action=DisplayPermitDetaiI&SelectedTab=Permits&Permit_I D=12226048&WorkOrder_I D=867... 1 /1 10/10/23, 2:55 PM Permit Details I Citizenserve PRACTICAL DIFFICULTIES DOCUMENTATION FORM LA23-000053 1. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter. Response: The current owner wishes to enhance the architectural details of the front of the home using existing roof lines and existing stoop/foundation. The design is reasonable as we only alter the rood near two front access points to the house to divert water away from sidewalks and create an architectural more current look. 2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. Response: The placement of this home was complete 50+ years ago. By current zoning standards it is placed in the front yard setback for this location. This landowner is simply trying to work within the current rules but the past house placement. 3. The variance, if granted, will not alter the essential character of the locality. Response: We don't believe this will alter the essential character of this locality 4. Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter. Response: The ability to direct water away from the doors and architectural improvement to the home, work well together in the request. The placement of the home creates our practical difficulty, We will enhance the front by using only existing stoop foundation and alter existing roof lines. No additional footings or foundation. S. Practical difficulties 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 Minnesota Statutes, Section 116106, Subd. 2, when in harmony with this Chapter. Response: n/a 6. The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not allowed under this Chapter for property in the zone where the affected person's land is located. Response: n/a 7. The Board or Council may permit as a variance the temporary use of a one -family dwelling as a two-family dwelling. Response: n/a 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. https://www3.citizenserve.com/Admin/PermitController?Action=DisplayPermitDetail&SelectedTab=Permits&Permit_ID=12226048&WorkOrder_ID=867... 1 /2 10/10/23, 2:55 PM Response: n/a Permit Details I Citizenserve 9. The conditions do not apply generally to other land or structures in the district in which said land is located. Response: n/a 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Response: n/a 11. The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code. Response: n/a 12. The granting of such variance will not merely serve as a convenience to the applicant but is necessary to alleviate demonstrable difficulty. Response: The architectural details at the two front entrances started with a desire to direct water away from the approach to both doors. This water management and winter ice build up drove the gable ends at each entrance and the desired improvements. https://www3.citizenserve.com/Admin/PermitController?Action=DisplayPermitDetail&SelectedTab=Permits&Permit_ID=12226048&WorkOrder_I D=867... 2/2 1 CD ERT VrN _ IT o. 9. o WELL PROP. ENTRYWAY 7.75 X 5.5 I I m 9 I I 1 1 �7. co WALKS :7 17.7 9.0� EXISTING_ HC #3765 1'�L { PROPOSED 50.04 Y� ADDITION I i t j BUILDING h SETBACK LINES 4 I 1 I l I I 1 I 1 1 I l I I I I 1 I I I I 1 1 _ `•� may. m coct I I 75.8 I I i I i I I I i 1 1 1 i I I 50.00 16.6 Jim and Kim Horton Residence 3765 Watertown Road Orono, MN Existing Condition Proposed Condition Proposed Condition Sideview of front porch roof details J - Jim and Kim Horton Residence 3765 Watertown Road I - At f.i-' l Orono, MN Existing Condition F - Proposed Condition RUN DATE: 08/28/2023 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM (PROPERTY OWNERS LIST) PAGE: 1 38 05-117-23 210009 38 32-118-23 33 0004 STATE OF MINN T H KING & M W KING 38 ADDRESS UNASSIGNED 3855 WATERTOWN RD ORONO MN 00000 ORONO MN 55359 DNR REAL ESTATE MGMT TODD & MICHELLE KING ATTN DEBBIE GURTIN 3855 WATERTOWN RD 500 LAFAYETTE RD MAPLE PLAINMN 55359 ST PAUL MN 55155 38 05-117-23 210016 38 32-118-23 33 0008 S J COX & M H COX BRIAN & JUDITH BUTTERFIELD 3700 BAYSIDE RD 38 ADDRESS UNASSIGNED ORONO MN 55356 ORONO MN 00000 STEVEN J & MARILYN H COX BRIAN & JUDITH BUTTERFIELD 3700 BAYSIDE RD 3925 WATERTOWN RD ORONO MN 55356 ORONO MN 55359 38 05-117-23 210019 38 32-118-23 34 0011 M L JOSEPHSON/B L SCHMIDT W E SHATZER & L C SHATZER 50 LANDMARK DR 3685 WATERTOWN RD ORONO MN 55356 ORONO MN 55359 MICHAEL J JOSEPHSON WADE E & LAURA C SHATZER BARBARA L SCHMIDT 3685 WATERTOWN RD 50 LANDMARK DR MAPLE PLAINMN 55359 LONG LAKE MN 55356 38 05-117-23 210021 38 32-118-23 34 0012 M L JOSEPHSON/B L SCHMIDT W T C BERGERSON & J S WEINER 50 LANDMARK DR 3745 WATERTOWN RD ORONO MN 55356 ORONO MN 55359 MICHAEL J JOSEPHSON W THOMAS C BERGERSON BARBARA L SCHMIDT JILL S WEINER 50 LANDMARK DR 3745 WATERTOWN RD LONG LAKE MN 55356 MAPLE PLAINMN 55359 38 05-117-23 22 0001 38 32-118-23 34 0013 STATE OF MINN J F HORTON & K A HORTON 38 ADDRESS UNASSIGNED 3765 WATERTOWN RD ORONO MN 00000 ORONO MN 55359 DNR REAL ESTATE MGMT JAMES F HORTON ATTN DEBBIE GURTIN KIMBERLY A HORTON 500 LAFAYETTE RD 3765 WATERTOWN RD ST PAUL MN 55155 MAPLE PLAINMN 55359 38 05-117-23 22 0010 DANIEL S PERKINS TRUST ET AL 55 LANDMARK DR ORONO MN 55356 DANIEL S PERKINS PATRICE M PERKINS 55 LANDMARK DR ORONO MN 55356 38 32-118-23 310005 REVIS L STEPHENSON III 3760 WATERTOWN RD ORONO MN 55359 REVIS L STEPHENSON III 1850 FOXRIDGE RD LONG LAKE MN 55356 38 32-118-23 32 0005 M ANDERSON & K D ANDERSON 3850 WATERTOWN RD ORONO MN 55359 MARK ANDERSON KRISTEN D ANDERSON 3850 WATERTOWN RD MAPLE PLAINMN 55359 38 32-118-23 33 0002 JAMES F BROOKS 3785 WATERTOWN RD ORONO MN 55359 JAMES F BROOKS 3785 WATERTOWN ROAD MAPLE PLAINMN 55359 38 32-118-23 33 0003 STATE OF MINN 38 ADDRESS UNASSIGNED ORONO MN 00000 DNR REAL ESTATE MGMT ATTN DEBBIE GURTIN 500 LAFAYETTE RD ST PAUL MN 55155 Hennepin County has developed electronic forms of certain property information databases. Hennepin County makes reasonable efforts to produce and publish the most current property information available. The viewer should understand, however, that Hennepin County makes no representation or warranties, either express or implied, or as to merchantability or fitness for a particular purpose regarding the accuracy and/or completeness of the information contained herein. Hennepin Hennepin County Locate & Notify Map Date: 8/28/2023 Buffer Size: 500 0 205 410 820 Feet Map Comments: I I I II I I I I I I I I 3765 Watertown Rd This data (i) is furnished 'AS IS' with no representation as to completeness or accuracy; (ii) is furnished with no warranty of any kind; and (iii) is notsuitable for legal, engineering or surveying purposes. Hennepin County shall not be liable for any damage, injury or loss resulting from this data. For more information, contact Hennepin County GIS Office 300 6th Street South, Minneapolis, MN 55487 /gis.info@hennepin.us Date Application Received: 09/20/2023 Date Application Considered as Complete: 09/21/2023 �0 60-Day Review Period Expires: 11/20/2023 O To: Chair Bollis and Planning Commission Members , Adam Edwards, City Administrator t G �xE5HO4� From: Melanie Curtis, Planner MCC Date: 16 October 2023 Subject: #LA23-000058, Robert "Tripp" Snyder, 1513 Bay Ridge Road Public Hearings: 1. Appeal of Staff Interpretation of City Code Section 78-1279(6) regarding Average Lakeshore Setback 2. After -the -Fact Average Lakeshore Setback and Side Yard Setback Variances Application Summary: The owner has filed two, separate applications, each requiring a public hearing: • An appeal of the staff interpretation of the deck stair within the average lakeshore setback (ALS); and • After -the -fact (ATF) approval of an average lakeshore setback and side yard setback variance for the expansion of a reconstructed deck within the setbacks. Staff Recommendation: Appeal: Staff recommends the Planning Commission uphold the staff interpretation of Section 78-1279; and ATF Variances: Staff recommends approval of the setback variances. PROCESS This is an application with two separate parts, each requiring separate public hearings and separate motions: 1.) An appeal of staff's interpretation of the Code; and 2.) ATF Variances for expansion of a deck within the average lakeshore and side yard setbacks. Background In June, the property owner, the owner, submitted a building permit application to rebuild an existing 16' x 24' deck, in -kind. The owner included a description of the project on the application as follows: "Repair and renovation of existing deck. Renovated deck will be the same dimensions". During the construction the City's building inspector noted discrepancies between the previous deck and the deck under construction, see Exhibits D and E for plans and aerial photos. ✓ During an inspection, the owner informed Inspector Nelson that the new deck had been elevated from the existing, approximately 7-8 inches, so that the deck was even with the door threshold eliminating a step down from the home to increase safety. This small deck height increase within the ALS and side yard setback is considered to be an expansion of the volume of the deck within the setback. ✓ The previous deck did not have a guard rail, rather a low bench -like feature was constructed along the perimeter of the deck. The newly reconstructed deck requires a guard rail following MN State Building Code Guidelines. The new railings would be an expansion of the existing deck within the ALS. ✓ The stair on the north side of the deck was reoriented. The previous stairs were set into the deck at the northeast corner and joined a set of stairs which were set into the grade. Due to the height increase the existing stair configuration would not be able to meet building code requirements. To address this the owner turned the stair 90'toward the lake and widened the treads by 1 foot, 4 inches. The tallerstairs and new footprint orientation are an expansion within the ALS. ✓ A second staircase against the home on the south side of the deck was eliminated and the deck was constructed to abut the home. FILE # LA23-000056 16 October 2023 Page 2 of 7 APPEAL APPLICATION ANALYSIS Background During the building permit inspection process, Inspector Nelson noted the construction was a slight departure from the in -kind rebuild. The project was stopped and the owner was notified of the issues. Specifically, at that time the primary issue identified was the change in stair configuration. Due to the deck's location within the average lakeshore setback, the reconstructed deck should have been an exact replacement. The owner was notified that the deck stair should revert back to the previous location or an after -the -fact variance would be necessary. The increase in height was discovered through the variance review. The owner has submitted an Appeal of the staff interpretation of City Code Section 78-1279 regarding the denial of the building permit for the new deck stair within the average lakeshore setback. The appeal narrative is attached as Exhibit B. The owner asserts that 78-1279(6) permits all stairs within the average lakeshore setback. The specific language is below. Because the stair in question is an integral part of the deck connected to the home, and not a stair to access the lake or a dock, it is not permitted within the average lakeshore setback. The language in 78-1279(6) referring to "stairways, lifts, landings..." is a direct reference to Section 78-1282(b) in the same Code Division (also included below) and has been consistently applied as such. City Code Sec. 78-1279. Placement of buildings and structures on lots. When more than one setback applies to a site, buildings, structures, and facilities must be located to meet all setbacks. Buildings and structures shall be located as follows: (6) Average lakeshore setback. No principal or accessory building shall be located closer to the Ordinary High Water Line (OHWL) than the average distance from the shoreline of existing principal buildings on adjacent lots; This does not apply to patios and other accessory structures less than 42 inches above existing grade, and/or stairways, lifts, landings, lockboxes, flagpoles and pump houses. Further, the average lakeshore setback shall apply only to classified lakes and shall not apply to tributaries. The average lakeshore setback line shall be a straight line connecting the most lakeward protrusions of the principal buildings on the immediately adjacent lakeshore lots. a. In situations where improvement is proposed on a lot adjacent to a vacant lot or right-of- way, the average lake shore setback shall be equivalent to the setback of the most lakeward protrusion of the principal building on the immediately adjacent improved lakeshore lot. b. In situations where the average lake shore setback line bisects the principal building located on either adjacent lot, the next most adjacent lake side point of the bisected principal building shall be used for determining the average lakeshore setback. If the line continues to bisect the principal building, the next most lakeside point is to be used until the setback line does not bisect the principal building on an adjacent lot. City Code Sec. 78-1282. Driveways, stairways, lifts and landings. (b) Stairways and lifts are the preferred alternative to major topographic alterations for achieving access up and down bluffs and steep slopes to shore areas. Stairways, lifts and landings shall be allowed in the Shore Setback zone and must meet the following design requirements: (1) Stairways and lifts must not exceed four feet in width. (2) Landings for stairways and lifts shall not exceed 32 square feet in area. FILE # LA23-000056 16 October 2023 Page 3 of 7 (3) Canopies or roofs are not allowed on stairways, lifts, or landings. (4) Stairways, lifts and landings may be either constructed above the ground on posts or pilings or placed into the ground, provided they are designed and built in a manner that ensures control of soil erosion. (5) Stairways, lifts and landings must be located in the most visually inconspicuous portions of lots, as viewed from the surface of the public water, assuming summer, leaf -on conditions, whenever practical. (6) Facilities necessary to provide shore area access to physically handicapped persons shall be allowed, provided that the dimensional and performance standards of subsections (1)—(5) of this section are completed in addition to the requirements of the Minnesota Regulations, chapter 1340. (7) A building permit shall be obtained for construction of stairways, lifts and landings regardless of whether such improvements are constructed above, at or below grade. Appeals Procedure Planning Commission should hold a public hearing and make a decision on the owner's request. The Commission's decision is binding. The owner may appeal the Commission's decision to the City Council as indicated below. Sec. 78-99. Appeals procedures. The decisions of the board on requests for variances are advisory and will automatically proceed to the council for review. The decisions of the board on appeals are binding. The applicant or other person or officers of the city affected mU appeal a binding decision of the board to the council by filing a written notice stating the action appealed from and stating the specific grounds upon which the appeal is made. The notice shall be accompanied by a fee in the amount prescribed by the current city fee schedule payable to the city, which fee shall not be refundable. An appeal under this section shall be filed no later than ten days following the decision of the board. Failure to file an appeal within ten days of the decision shall constitute a waiver of the person's right to a hearing. (a) All decisions made by the city regarding zoning shall be final, except that any aggrieved person shall have the right to appeal within 30 days after delivery of the decision to the appellant, to the District Court in Hennepin County. Any person seeking judicial review under this ordinance must serve the city and all necessary parties, including any landowners, within the 30-day period defined above. Staff Recommendation (Appeal) Staff recommends the Planning Commission uphold the staff interpretation of Section 78-1279. The options available to the Planning Commission are: 1. Staff was correct in applying the zoning ordinance; the deck stair may not be located within the average lakeshore setback and would require variance approval to keep them. 2. Staff was incorrect in applying the zoning ordinance; the deck stair is permitted within the average lakeshore setback with the building permit. The Commission could suggest that an ordinance amendment is appropriate which would clarify the language in question. VARIANCE APPLICATION ANALYSIS Practical Difficulties FILE # LA23-000056 16 October 2023 Page 4 of 7 Applicant Submittal Information: The owner filed an appeal based on their opinion that the stair is permitted according the Section 78-1279; they provided a narrative justifying their appeal (Exhibit B). No specific practical difficulties analysis was submitted supporting the requested variance. The application should be asked for additional testimony regarding the practical difficulty. Planning Staff Practical Difficulty Analysis: Regarding practical difficulty, Staff finds that the current orientation of the owner's home in comparison to the neighboring homes creates a practical difficulty supporting the variances for setback. Additionally, raise the deck to be the same level of the first floor of the home and adding guard railing are supported to increase safety of the deck and follow MN State Building Code guidelines. LOT ANALYSIS WORKSHEET Section 78-305 and 78-1279 — Deck Setbacks: LR-1A Required Existing Proposed Rear— Bay Ridge Rd 50' +100' No Change Street — CSAH 15 50' ±83' No Change North Side 12' ±60' No Change South Side 12' ±8.5' No Change Lakeshore 75' 143' No Change Average Lakeshore The existing (and proposed) deck is situated approximately 40 feet lakeward of the average lakeshore setback. Section 78-1403 — Structural Building Coverage: Total Lot Area Total Structural Coverage ±38,500 s.f. (0.89 acre)* Allowed: 7,700 s.f. (20%) Existing: 3,250 s.f. (8%) Proposed: 3,250 s.f. (8%) *The lot area has been adjusted to exclude the paved area of CSAH 15 (Shoreline Drive). Section 78-1700 — Hardcover Calculations: Stormwater Total Area in Allowed Overlay District Zone Hardcover Existing Hardcover Proposed Hardcover Tier Tier 1 38,500 s.f. 9,625 s.f. 9,158.4 s.f. 9,158.4 s.f. ' (25 %) (23.7%) (23.7%) Applicable Regulations: Side Yard Setback Variance (Section 78-305 The newly constructed deck is approximately 8-inches higher than the previously existing deck. The deck is set back 8.5' feet from the side lot line where a 12-foot setback is required (per Sec. 78-305(b)(1) side yard setback exception). The increased height of the deck is an expansion within the substandard side yard setback. FILE # LA23-000056 16 October 2023 Page 5 of 7 Averaee Lakeshore Setback Variance (Section 78-1279 The purpose for the average lakeshore setback requirement is to protect and preserve views of the lake over a subject property from the neighboring homes. Improvements that do not block lake views are generally acceptable; the code permits structural improvements 42-inches or less within the average lakeshore setback. The owner's deck was nonconforming by approximately 5 feet prior to the construction of the new home to the south at 1525 Bay Ridge Road. The entire deck and an approximate 800 square foot portion of the home on the southeast corner became nonconforming in 2019; see the 2018 and current aerial photos below. A building permit was issued in 1994 for a Tx 9' deck. The historical permit record is not clear; however, the 16' x 24' deck appears to have existed on the property in the same general footprint and location for over 20 years. There is no permit record of the change in deck footprint from Tx 9' to the current 16'x 24' footprint. Additionally, there are no violation letters in the file relating to unpermitted deck construction/expansion. 2018 photo- Hennepin County Based on the survey information, Staff estimates the deck floor to be approximately ±9 feet above grade on the north side and approximately 8 feet above grade on the south side due to the sloped yard. As a result of the orientation of the neighboring homes and their elevated placement above the lake, it is unlikely that the owner's new deck obstructs the views of the lake currently enjoyed by the neighbors. 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 FILE # LA23-000056 16 October 2023 Page 6 of 7 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 its topography and the orientation of adjacent homes. The average lakeshore setback variance will not further impact views of the lake for adjacent properties. 2. The variance is consistent with the comprehensive plan. The proposed variance to construct a deck on the Property 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 the deck and stair in the proposed location in the same footprint as the previous deck, within the average lakeshore setback, appears to be reasonable considering the orientation of the neighboring homes with respect to the lakeshore the existing vegetative screening, and topography. The request is reasonable. b. There are circumstances unique to the property not created by the landowner; The linear nature of the shoreline resulting in neighboring home locations all in a continuous line prevent changes or expansions of the home on the lake side. The new home to the south constructed in 2019 resulted in the Applicant's home becoming nonconforming where previously just a portion of the deck was situated within the average lakeshore setback. The circumstances are unique to the Property; and c. The variance will not alter the essential character of the locality. The variance is requested in order to permit construction of the lakeside deck in the same footprint, approximately fl- inches higher and a different stair orientation, which will not adversely impact the character of the neighborhood according to the submitted information. 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 deck improvement 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 home location, the Property's topography and orientation with respect to the lakeshore and the adjacent homes create difficulties for the Applicant in improving the property consistent with the homes in their neighborhood on the lake side. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The linear shoreline and generally linear placement of neighboring homes applies to the other homes in the immediate neighborhood. The neighboring home to the south is considerably set back from the lake than the Applicant's home and the home on the north side of the Applicant's property resulting in an extreme setback condition. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The Applicant has indicated it is necessary for the preservation of the property right of the owners. FILE # LA23-000056 16 October 2023 Page 7 of 7 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 after -the -fact 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. The Property had an existing deck in the same footprint. The stair configuration is new however does not impact views of the lake for the neighbors. The variances are necessary and does not merely serve as a convenience. The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Public Comments Comments have been submitted from the neighbor to the north; comments are included as 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 variances to permit the minor expansions of the deck as applied. PLANNING COMMISSION REQUIRED ACTIONS: 1. Appeal: a. Open and hold a public hearing for the Appeal of staff interpretation. b. Render a decision on the Appeal: Staff recommends the Planning Commission uphold the staff interpretation of Section 78-1279. 2. Variance: a. Open and hold a public hearing regarding the after -the -fact setback variances. b. Motion to approve or deny the variances as applied: Staff recommends approval of the after -the - fact variance to permit the minor expansions of the deck as applied. List of Exhibits Exhibit A. Application Exhibit B. Appeal Narrative Exhibit C. Survey Exhibit D. Deck Permit & Plans Exhibit E. Aerial Photos Exhibit F. Hardcover Calculations — Staff Exhibit G. Public Comment Exhibit H. 1994 Permit Exhibit 1. Property Owners List & Map 10/12/23, 9:29 AM Permit Details I Citizenserve Land Use Application Summary Application Date: 09/20/2023 Address: 1513 Bay Ridge Road Orono, MN 55391 Parcel Number: 1011723340008 Land Use Number: LA23-000056 Application Submitted By: Property Owner Owner: Name: ROBERT SNYDER Address: 1513 BAY RIDGE RD WAYZATA MN 55391 Applicant: Name: Tripp Snyder Company: Snyder & Associates, Inc. Address: 1513 Bay Ridge Road Wayzata, MN 55391 tripp@brpi.co Contact Information: Associated Contact: Associated Contact: Associated Contact: Associated Contact: Project Description: Appeal an planning dept. decision re our deck project based on the clear wording of the appropriate city code Land Use Application Type: Amendmend Application Appeal of Admin Decision Concept Application Conditional Use Permit Site Plan Application Subdivision Application Subdivision Exception O Vacation Application O Variance Application 0 Applicant Signature: UW � S�o https://www3.citizenserve.com/Admin/PermitController?Action=DisplayPermitDetaiI&SelectedTab=Permits&Permit_I D=12386446&WorkOrder_I D=877... 1 /1 1513 BAY RIDGE ROAD ORONO, MN 55391 APPEAL NARRATIVE Robert S. Tripp Snyder, the owner of 1513 Bay Ridge Road, Orono, MN 55391 applied for and received a building permit to replace the existing deck attached to the lakeshore side of the property. The original plan showed the stairs from the deck proceeding from the northeast corner of the deck to an existing concrete landing. The deck work passed the foundation and framing inspections. When the inspector noticed where the stairs would meet the existing concretelanding he indicated that the plan as built for the stairs would require a complete re -construction of the existing landing, as the landing area did not meet current city code. Because of the way the landing intersected with the remaining concrete stairs, increasing the size of the landing to meet code would have required a complete reconstruction of the remaining concrete stairs leading to the flagstone fire pit area. It was decided that a safer way to exit the new deck would be stairs going from the same corner of the deck, but proceeding down from the deck in an easterly direction which was toward the lake. This relocation of the stairs resulted in the ability to make the stairs wider and intersect a flat landing area well over six feet wide and deep. When the inspector saw the revised stairs, he indicated that the revised stair plan was in violation of the Average Lake Setback requirement, as it proceeded approximately two feet farther towards the lake than the previous stairs did, and indicated that the deck would fail its inspection with the current stair location. Upon hearing this, Mr. Snyder researched the city code, specifically Section 78-1279, Paragraph 6, which specifically exempts stairs from the Average Lake Setback requirements. This was pointed out to the city planner in an email and again in a personal visit. The planning department is taking the position that the stair exemption applies only to stairs going down to docks. This position is in direct contradiction to the clear wording of Code Section 78-1279 Paragraph 6, which does not refer to docks at all, but does refer specifically to decks and stairs. Mr. Snyder asks the Planning Commission and the City Council to rule that the clear wording of Code Section 78-1279 Paragraph 6 exempts stairs from the Average Lake Setback requirements, and thus the deck with its revised stair placement should pass its final inspection. Certificate of Survey & Topographic Survey LEGEND denotes light pole Q denotes power pole 0 denotes telephone box 0 denotes tree 948 --- denotes existing contour 9148', . 2 2 denotes existing spot elevation Certificate of Survey • denotes iron monument found & Topographic Survey 0 denotes iron pipe set OTTO-14343 and marked as shown: an.oaoo 2 on Tracts H & K, Registered denotes soil boring Land Survey no. 192, Q denotes percolation test hole Hennepin County, Minnesota Ex. House i FF.Elev XA � / = 954.88 , �., ss PROPERTY DESCRIPTION: Tract H and Troct K, Registered Lond Survey No. 192, Hennepin County, Minnesota, occording to the files of the Registrar of Titles. Requested By: NOTE: Boundary and Topo Survey was completed for HARDCOVER ITEM AREA EXISTING HOUSE 3171.4 S.F. EXISTING BITUMINOUS 8715.1 S.F. EXISTING RET, WALLS 326.9 S.F. EXISTING CONCRETE 647.1 S.F. EXISTING FLAGSTONE 218.1 S.F. EXISTING COVERED PORCH 76.4 S.F. EXISTING WINDOW WELL 27,9 S.F. EXISTING STEPS 62.6 S,F. EXISTING DECKS 542.8 S.F. TOTAL EXISTING HARDCOVER 13, 788.3 S.F. EXCLUDABLE HARDCOVER AREA FIRST 100 SF OF DECK 100.0 S.F. BITUMINOUS ROADS 5898.5 S F, RET, WALLS NOT WITHIN 75' OF LAKE 326.9 S.F. TOTAL EXCLUDABLE HARDCOVER 6325.4 S.F. NET EXISTING HARDCOVER 7462.9 S.F. HARDCOVER PERCENTAGE 17.73.E Cara Zieborth on 1-4-07 No field work was done with this Survey to verify Property conditions. l hereby certify that this survey, plan, Revised: or report was prepared by my or under Web Site: 1114114 Driveway my direct supervision and that l am a WWW.ottoassociates.com Trippn e r duly Licensed Land Surveyor under the 9 West Division St. laws of the State of Minnesota. U Date: Drawn By: Scale: Checked By: s Buffalo, NN 55313 Job No. „ , �G a� p SSOCIATES Ph: (763)682,4727 8/7/13 C. S. 0. 1 =30 P. E. 0. Paul E. Otto Fax: (763)682-3522 13- 0361 License #40062 Date: 1114114 Engineers and Land Surveyors, Ilium 7,W%n W04 t-X+00LC2- 1515 by Kt6" G" l- f4y" 1-0I -0?0IA�rl�t t( I 10/12/23, 12:26 PM Permit List I Citizenserve Permit Summary Application Date: 06/14/2023 Address: 1513 Bay Ridge RD Orono, MN 55391 Parcel Number: 1011723340008 Permit Number: RAS23-000034 Party Responsible for Property Owner Construction: Owner: Name: ROBERT SNYDER Address: 1513 BAY RIDGE RD WAYZATA MN 55391 Applicant: Name: Tripp Snyder Address: 1513 Bay Ridge Road Wayzata, MN 55391 Contact Information: Project Description: Repair and renovation of existing deck. Renovated deck will be the same dimensions.. Permit Type - Subtype: RESIDENTIAL ACCESSORY STRUCTURE BUILDING PERMIT - Deck Applicant Signature: � F � lto�lu Nrijr�� https://www3.citizenserve.com/Admin/PermitController?Action=ListPermits&WorkOrder_ID=87286397&ciDisplay=null&getPrint=true&skipLoading=true 1/1 Proposed deck for 1513 Bay ridge rd All structural pressure treated'SPF handrail deck boards Trex 13-26 .. tea^ -r— S„ floor Joists 2-2 ": ha rig ers 2" x 8" ledVVI aiia1.11vv tv v NvUIvv .71QU nnn Irc n -T WAFUNwUnwJ aicci Qu%awia vroly 1v handrail u' Proposed deck for 1513 Bay ridge rd All structural pressure treated SPF deck boards Trex Railing 36" Trex top of deck to grade appr. 48" floor joists 16" O. C. stair Stringers 12" O.C. 114" = 1' �y 2-6" x 6" posts on pier footings 14" x 42" w 2 x 8" floorjoists N i zo 2-2 "x 8" beam be io r-1r-1 r 3-2" x 8" beam house simpson hangers 2" x S" ledger attached to 8" poured slab with 112" x 4" expanding steel anchors every 16" LIVING AREA 20 sq ft 6 r ti M ,}. ." c • �t It a Ea 4 r . L " + • J OZ PF YwWrMM - ' JR6` � • „ a ` r lot 3 -Ok } a. AIL q 4if N r V City of Orono s� Hardcover Calculation Worksheet KESHOQ'�` Property Address: C-9I �a L Prepared by: I CAA �. S Date: j ®f 2?l Stormwater Quality Overlay District Tier: (Circle one) Tier 1 Tier 2 Tier 3 Tier 4 Tier 5 Step 1: EXISTING HARDCOVER In the following table identify all items of existing hardcover on the property, keyed by letter to site plan or survey (must accompany this form). Use as many lines as necessary to accurately depict existing hardcover status of the property. For Tier 1 properties, identify any features by letter which are within the 75-foot setback or split at the 75' setback line and calculate hardcover square footage separately for each portion. Key to Survey(Square Hardcover Item (Describe) Length x Width Total Feet (Example) (Garage) 24' x 30' 720 S.F. A WS E � f -I I _ S.F. B DrlvCwet Lfy-gp S.F. C Ire fA I01 AIl 32$, S.F. C V c GL KV'Va'1'- C� (p c f -1 • j S. F. E � Q S r1C' o f !7 2 S.F. F A VQLCV) �(Q� ` f S.F. G W 1 vim C) 11 2 _J • q S.F. H C3I S (0, Z S.F. CJI L (i�� Z CjZ• 8 S.F. S.F. K S.F. L S.F. M S.F. N S.F. Q 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 Existing Hardcover 6) Lpj Z✓ .? S.F. Excludable Hardcover (See City Code Sec 78-1684): e('k- CsfrGet - -F- I DO S.F. re M 1 Yl 61G W018 i j -;&2g q S.F. W i1, wfl/ 1 1 12-7.9 S.F. S.F. S.F. (2) Total Excludable Hardcover Li ;;&p,, �? S.F. (3) Net Existing Hardcover [Subtract line (2) from line (1)] G�) 5 c ( S.F. (4) Total Lot Area pcv,6ei Of CS" (h 5Vi1t y(A(r-_<j �i�viQ�i S.F. Existing Hardcover Percentage [ (3) — (4) ] ,�% J, City of Orono 9� Hardcover Calculation Worksheet ESHOa� Property Address: 1 C713 �3,.!1 tziAqz- ►A Prepared by: M, (4t V�41.S' Date: 10 10 2-5 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 site plan or 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 within the 75- foot setback or split at the 75' setback line and calculate hardcover square footage senaratPly fnr Parh nnrtinn Key to Survey(Square Hardcover Item (Describe) Length x Width Total Feet (Example) (Garage) 24' x 30' 720 S.F. A }t D 64SC ( I , (q- S.F. B drl-vtlfve I gL-g-o S.F. C " hA 111(VrA ^9 -2, 9 S.F. cv-vl o(r-o(-G VV a I K:3 L,,;,L.-7, ( S.F. E Cf-OY1fi 0 8', I S.F. F L4 S. F. G VV ( kq'64 L) 14 V\rcII -71 61 S.F. H S Cl 2-4, S.F. r 6 V>ij i If- d CULS — Z, S S.F. J 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 Excludable HaErddc�over (See City Code Sec 78-1684): vti4G Cwd I -1— d p S.F. i^e N VVA 11 S.F. VVl h 61 OW VV-Cl 1 2] 6) S.F. S.F. (2) Total Excludable Hardcover (3) Net Proposed Hardcover (Subtract line (2) from line (1)] (4) Total Lot Area P�(,( St C, V rcol d"' ' C�f H I S.F. it rj(o . $ S.F. OI t%j , L+ S.F. '50C,7Lr)q S.F. Proposed Hardcover Percentage [ (3) - (4) ]- ,, % To: Orono Planning Commission From: Don & Twila Germanson, 1501 Bay Ridge Rd Subject: After -the -fact Deck Variance Request Location: 1513 Bay Ridge Rd (permit LA23-000058) Due to the lakeshore angle of all Bay Ridge properties, and we are the northern neighbor, we look right at any activity at #1513. We believe there are multiple potential problems with this deck. 1. History may not have allowed the previous deck 2. Current Average Lakeshore Setback (ALS) may not apply 3. `Grandfathered' deck is not being followed 4. Property history & management 1. History may not have allowed the previous deck. History before/after the current homeowner indicates the deck violating the ALS. Is there a chance the previous deck was built without a permit - we could not find any record of it. We could be talking about a deck that was illegal to begin with. 2002 2009 2. Current Average Lakeshore Setback (ALS) may not apply Due to the new southerly house, the ALS is far off, which could mean `grandfather' clause could apply. Any variance allowance, makes this worse. A= It seems under `Grandfather' expectations, the approved deck should have been something like the following drawing set at the previous height and stairs. 4. Property history & management 1. Original plan - if stairs directly to the lake were in the submitted plan, the plan should have been rejected. 2. ALS - #1513 is now well beyond the ALS. Any variance allowance makes this worse. 3. Disregard for City/County regulations: It would be a shame to approve a deck variance when property owner has shown a disregard for city/county regulations, including: a. the property owner has had a history of collecting/dumping yard waste on their property as well as the Dakota Trail (HCRRA). b. It is our belief that the property owner has generated dock rental income for many years, however, we have been unable to prove it. PERMIT CITY OF ORONO 2753 Kelley Parkway - P.b. Box fib Crystal Bay, MinAesota 55323 (612) 473-7357 SITE ADDRESS: DESCRIPTION: 8I-ji lding Pel°ro1.� .i ype [JE;f 1-Ic-L.4pancy Ccinst ruc t.ic_!n 1 yP,r, PERMIT TYPE: ; ' LQ j NG Permit Number: j )A�, Date Issued: 1 ; 6/ 94 SF—ADO/REMODEL DECK R-3 VN i Tv,' ui fire0hu r 1 V1 J10t•T0,00s 1 Y f1f L7'L sJ'{T r vv yy 7C !S 1JL S It'i V '�f ljZf if cc. v v Y u 1 Gar: i : 4.11 Li tt! 1t. Fi•, tiv REMARKS: is'L ,-f __ `�+,h,�'�`i -vii M FEE SUMMARY: ease Fee P I ai i Rev z c?w iotal Fee VAL.UAT 4 ON 4- 0 __------ -- i h{: $2 , �0(_, CONTRACTOR: App I i c ani. — : T . L 1 OWNER: � a S i`fE I i-�t:".? ::-:: `� tV`= CAD 13, kk3609 F 4S7 ��l��s ��="�� EDGER R 471.5 1 ti TH AVE S # 51: RAY RIDGE. RD INNER- POL IS MN 55407 C•?N 55:391 THE t NOERS I GNIED HEREBY REQUESTS PERMISSION TO MA} :E THE REAL I NPROVE IEN T =-'PEC I F I PD AND AGREE:; TO D-0 ALL W,F iRK IN =: #'� I �:� 4�:�; MPL I ��N(:E WITH ALL r-A FY C,"-: OR13NO ORDINANCES ANO STATE OF P� INNEE-.i)Try BUILDING -.'OGE L P (CANT: MITEE SIGNATURE ISSUED BY: SIGNATURE CHECK OFF LIST FOR ISSUANCE OF PERMITS FOR OFFICE USE ONLY ,,'T TRESS OR LEPAI.: %��J �L I� �CA j] PID: � � � DESCRIPTION OF WORK: - BY: ZONING REVIEW BY: ----� -- --- ( ------------------------------------------------ DATE APPROVED: f-� BUILDING REVIEW BY: DATE APPROVED: ff-Li-� -- FEES TO BE CHARGED: `-- --- Misc. Fees Calculated By: PERMIT Yes No FLAN REVIEW Yes No SEWER CONNECTION STATE SURCHARGE Yes No WATER CONNECTION INVESTIGATION FEE Yes Na `� PARK FEE SAC Yes No 4--- SITE INSPECTION Number of SAC Units OTHER (specify) ------------- ZONING -CHECK LIST '--__--- Zoning District: L2--IA Fire Department: AJ /C. Post Office: N k- School. Di strict : Id/ Lot Area:__, j� d _ Width: / 0Depth: D Survey Submitted: Yes- No Date of Survey: - Proposed Setbacks: Fx!vrtt (Lake): 6brfJ Right Side: (Q. (Street): N Left Side: Adjacent Structures: r r5�Ae-J Wetland: Building Height: Def . Hgt . N (A - Avg. Setback: — Existing Hardcover: 0-75' 75--250' 250-500' 500-1000' Hardcover Variance Required: Yes Grading: Staff Approval Date: Septic: Staff Approval Date: . t Zoning File:# Re of Ri mARKS ( in house): 01(/v Peak Hgt . I!f Lot Coverage: C Proposed 18 q0 No__K_ Date of Council Approval: By ;/-___/, o�nci 1 Approval Date: By: -Resolution Date: BUILDING REVIEW CHECK LIST URC: tL • 3 CONSTRUCTION TYPE: Sq Footage $ Per Sq Ftg Basement x 1st Floor x 2nd Floor x Garage x x -- TOTAL Estimated Construction Value: Inspections Required: red: Site Footing =Framing Insulation Wall Board �cFinal Other $ 2, Work Requiring ------------------------------------- Separate Permits: Plumbing Grading/Filling Mechanical Fire Septic Water Connection Fireplace Sewer Connection (Masonry) Lawn Irrigation (Mfg.) Other We l l (State Permit) Electrical. (State Permit) ----------------------------------------- RE ARKS (IN HOUSE): REVIEW BY OTHERS: DATE: Access: Existing New Access Approval: Date By: ------------------------------------------------------------------------------ REMARKS (TO BE NOTED ON PERMIT): CITY OF ORONO — BUILDING PERMIT APPLICATION $ Date Received: Date Approved: Entered By:' Permit # : ALL INFORMATION MUST BE SUBMITTED IN FULL BEFORE PLAN REVIEW WILL BE STARTED ( See Check --off List Enclosed) THE APPLICANT IS: (circle one) OWNER or CONTRACTOR JOB SITE ADDRESS: �. I -J-1 _ ZIP: (work) NAME OF OWNER: PHONE: (home) MAILING ADDRESS: �� CITY: �' ZIP: CONTRACTOR: . 5. Zi7 e , e h a l� onJ 1 r� 1 a-�t(IL - PHONE : ^•TAILING ADDRESS: �4ZLe fl�,CITY: f ZIP: I: 2[10 STATE LICENSE: ,-" ��' A s 1 4 6 ARCHITECT/ENGINEER: PHONE: ,.AILING ADDRESS: CITY: ZIP: NAME: REGISTRATION 1 TYPE OF WORK: New Addition Accessory Structure Move Demo Remodel/Alteration Renovate Land Alteration ' l DROPOSED WORK (describe in detail): / ' G STORIES: SQ. FEET OF EACH FLOOR: NO. OF BEDROOMS: GARAGE STALLS: ATT. DET. ESTIMATED CONSTRUCTION VALUATION (excluding land): $ r hereby apply for a building permit and I acknowledge that the information above is complete and accurate; that the work will be in conformance with the ordinances and codes of the City and with the State Building Code; that I snderstand this is not a permit and work is not to start without a permit; and that the work will be in accordance with the approved plan. APPLICANT'S SIGNATURE: DATE:� f STATE OF MINNESOTA DEPARTMENT OF COMMERCE 133 Past Seventh St St. Paul, MN 55101 (612) 296.6319 BUILDING CONTRACTOR ED96457 REMODELER INDIVIDUAL PROPRIETOR Expires: 03/31/1995 GARY S MEICHELS 7 Hra CE due by 3/31195 DBA: MEICHELS G S CONSTR CO 4715 13TH AVE SO MPLS MN 55407-OON CM•00543 STATE OF MN DEPT. OF COMMERCE 133 Last Seventh SL SL Paul, MN 55101 (612) 2%-6319 BUILDING CONTRACTOR !t�?rr�lill REMODELLER INDWMUAL PROPRIETOR Expires: 03/31/1995 GARY S MEICHELS 7 Ilxa CE due by 3/31/95 DBA. MEICHELS G S CONSTR CO 4715 13TFI AVE SO MPLS MN 55407-0000 A CITY of ORONO Post Office Box 66 • Crystal Bay, Minnesota 55323 • Municipal offices On the North Shore of Lake Minnetonka DATA PRIVACY ADVISORY In accordance with M.S. 13.04, subd. 2, "Rights of subjects of data", we would like to inform you that your request for a permit or license from the City of Orono or any of its departments may require you to furnish curtain private or confidential. information. You are notified that: 1. The information you furnish will be used to determine your qualification for the permit or license requested. 2. You may refuse to supply data, but refusal may require that the City deny the permit or license. 3. The information may be shared with other local, state or federal agencies to the extent necessary to process the permit or license. 4. If your requested permit or license requires Council action to approve, some information may become public. 5. You have certain rights under M.S. 13.04 to review private data on yourself. 6. Your full name is required to process this application or permit. rr— First p Mi dle Las Address City M State 11V91- 46 5,-20 -,o973a7 Phone Zip I understand my rights as stated above. BUILDING & ZONING - 47 3-7 35 7 • ADMINISTRATIDN & FINANCE - 473-7358 ■ PUBLIC WORKS - 473-7359 ASSESSING S1.3.o4 RIGHTS DF SUBMTS OF DATA Subdivision 1. Type of data. The rights of individuals stored or to be stored shell be as set forth in this section. on whom the data is Subd. 2. information required to be given individuaL An . individual asked to supply private or confidential data concerning data self within i hin the collecting be state agency, purpose and intended use of the requested mav ref use or is legally political subdivision, or statewide system; an whetherconsequence arising from his required to supply the requested data; (c� any supplying or refusing to supply private or confidential data; and I e the the identityThis of other P ersons or entities authorized by state or federal lto to rlye n eat gareciv tive data., requirement shall not apply when an individual is askepursuant to section 13.82, subdivision 5, to a law enforcement officer. d under is The commissioner of revenue may rCDerty tax rethe otice und instructions insteadhol subdivision in the individual income tag or on those arms. Subd.3. Access to data by individual_ Upon request to a responsible bject of stored data on authority, an individual shall be informed whether hrivateis eoruconfident al. Upon his individuals, and whether it is classified as public, p public data on further request, an individual who is the subject a a to himrla.nd, if hdesires, shall individuals shall be shown the data without any chargebeen be informed of the content and meaning of that datae dataneedlnv vb�eusc used to shown the private data and informed of its meaning, t him for six months thereafter unless a dispute has been collected or action pursuant or crreatedt1oThe pending or additional data on the indiv�du n request by responsible authority shall provide copies of the private or public data upon require the the individual subject ofdata. cos ncertifying, h of spo sibl authority and compiling the requesting person to pay the copies. possible, ssible, with any request The responsible authority shall comply immediately, made pursuant to this subdivision, or within five days immediateate of the compliance request, mnot excluding Saturdays, Sundays and legal holidays, possible. If he cannot compy hat time, he shall so inform the lwith the request within t individual, and may have an additional five days within which to comply with the request, excluding Saturdays, Sundays and legal holidays. Subd. 4. Procedure when data is not accurate or complete. An individuaif. To l may contest the accuracy or completeness of public notif o inivate writing data theconcerning r spons b e authority exercise this right, an individual shirnse hall Y describing the nature of the disagreement. The responsible authority y at mpt to days either; (ai correct the data found to be inaccurate or income notify past recipients of inaccurate or incomplete data, including recipients named by the individual; or (b) notify the individual that he believes the data to beomentc $ Data in dispute shall be disclosed only if the individual's statement of disagr included with the disclosed data. be appealed pursuant to the The determination of the responsible authority may provisions of the administrative procedure act relating to contested cases. gARDCOVER CAL CULA W�RKSE EET SETBACK ZONE: (CIRCLE ONE) 0-75' 75-250' 25-500' EXISTING HARDCOVERI N ZONE A. House x Width Length x — - z — — x — B. Garage x — C. Driveway x _ x D. Sidewalk � x _ x E. Patio/Deck x _ x F. Landscape x _ Underlain x By Plastic x G. Other x — TOTAL HARDCOVER IN ZONE �Q i TOTAL PROPERTY AREA IN ZONE I x 100 — B — PROPOSED HARDCOVER IN ZONE _ A. House x Width Length x — x x B. Garage x — C. Driveway x — x D. Sidewalk x — z E. PatiofDeck x _ z F. Landscape x _ Underlain x — By PIastic x G. Other x — TOTAL HARDCOVER IN ZONE - TOTAL PROPERTY AREA IN ZONE - A B a 100 _ 500-1000" S.F. S.F. S.F. S.F. S.F. �— S.F. S.F. / p — S.F. S.F. S.F. S.F. S.F. S.F. S-F. S.F. S.F. A S.F. B a % S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. A S.F. B 0 4 0.� CITYof ORONO Munidpa[ 0115ces Past awe Box 66 Cr)-5W B.ay, Mhnesota MZ3-OW HARDCOVER ORDLNA��TCE - In 1975, the Orono City Council adopted an ordinance limiting the percentage of lot area that can be covered with impervious surface ("hardcover") such as roofs, driveways, sidewalks, etc- on Properties located within 1,000 feet of a lake. Studies have shown that sediments, oils, and debris carried into the lake from highly urbanized areas have a detrimental impact on the quality of water in the lake. The intent of Orono's ordinance is to ensure that rainfall run-off will be cleansed by filtering through grassed or vegetated yard areas before entering the lake. Hardcover Zones - Allowed Percentages: 0-75 0 % 75-250' 25 % 250-500' 30 % 500-1000' 35 `7a Hardcover includes: - Roofs - Sidewalks - Paved or gravel driveways - Patios & decks (includes slatted decks) - Tops of retaining walls & rock wails - Decorative landscape areas underlain by plastic sheeting or fabric - Any other surface that does not allow direct absorption of rainfall into the ground LNSTRUCTION'S FOR COMPLETL;G HARDCO'�rER CA-LCULATION WORKSHEET 1. Circle which setback zone (0-7Y, 75-250', etc.) the calculation is for. 2. For each item of hardcover within that zone, enter the length and width. and multiply to get square footage (s•f•). 3. Add up all the square footages to get total square footage of hardcover. 4. Divide by the total area of property within the zone and multiply by 100 to Cet percentage of hardcover in the zone. 5. If changes in hardcover are proposed, you reaerdthan tho of allowed, r contact City staff worksheet. If either results in percentages great before proceeding with your project planning! SHONE — 4-gM57 • FAX . 473 0610 � I ASH=A Ciro!. OF ORONO SUILD1NQ PERMIPLAN RM�--'-' WRPECTOR DATE �A p PERMIT NO. APPRO`, •-D AS SL'BW-t FE1D LAPPROVED V+I FH CORRECTIONS AS NOTEO I NOi APPROVED - CORRECT & RESOBI IT heat, coiorrlents are for your tntormatiort. AN work shall be dC'•-. Lull compliance with all cpplicatft dulldinL & zoning ccKle rn hems not YpecfltcdNy noted 4$1 V* •CV 0, PLAN SF'1 'Y'l SITE A I AI-i Tlro k 7rc1Td Z &this yc�dcr / MAJ 5 -(-- !> --� 71f-� rt1 34 `f Or G►e�l� � AW6 _. KAI. SITE P0�rj ' r� 2 EGAN, Fi ELL] & NOWAK :1 129 WEST LAKE STREET 1'E F MINNEAIOM J, M)W MORTGAGE LAMS SURVEY CERTIFICATE OF SURVEY For HERB¢RT R. EARL[ C OU'NTY ROAD k �l J SCAM: I" 1701 CITY U� ORONO SITE PLAN GRADING PLAN iTH R61SIONS [3 y 0AE 'e DATE TIME CITY OF ORONO CALLEDIN —/ �31 INSPECTION OTICE SCHEDULED 1 - r/ PERMIT NO. CO C-2 COMPLETED I ADDRESS /,5 / OWNER _ CONT )RUC-" TELEPHONE NO. 3 DESCRIPTION W BFO 11 MECHANICAL RI 16 EXCAV/GRADINGIFILLING 02 FRAMING 13 MECHANICAL FINAL 19 LAKESHOREIWETLANDS 03 INSULATION 24I25 WOOD BURNER/FIREPLACE 34 TREE REMOVAL 04 WALL SO- 12 WATER HOOK-UP 17 SITE INSPECTION z 05 FINAL 14 SEWER HOOK-UO 06 PROGRESS 07 DEMO —SITE 27 SEPTIC MAINT. 21 COMPLAINT J ':Z 07 DEMO —FINAL 15 SEPTIC INSTALL 22 FOLLOW-UP W 09 PLUMBING RI � 23 SEPTIC FINAL 35 HARD COVER REMOVAL r 10 PLUMBING FINAL 36 FOUNDATION REMOVAL OWNERICONTRACTOR TO MEET YOU: _YES _ NO o COMMENTS: CZ Ljj Q_ W W W W CC O w ORK SATISFACTORY- PROCEED - PROJECT COMPLETE cc CORRECT WORK & PROCEED LU 'Z ISSUE CERTIFICATE OF OCCUPANCY CJ L= CORRECT WORK, CALL FOR REINSPECTION TEMPORARY 0 BEFORE COVERING PERMANENT El CORRECT UNSAFE CONDITION WITHIN HOURS. PHOTO TAKEN INSPECTOR WILL RETURN CITATION ISSUED ElSTOP ORDER POSTED. CALL INSPECTOR ❑ INSPECTION REQUIRED. CALL TO ARRANGE ACCESS Ca11 For the next insDection 24 hours in advance- 473-7357 Inspector. While CoovIinS0eclor'S1File Canary Copy/Site Notice 38 10-117-23 110002 HENNEPIN COUNTY REGIONAL RAILROAD AUTHORITY 701 4TH AVE S SUITE 700 MINNEAPOLIS MN 55415 38 10-117-23 33 0005 GREGG W/DENISE E STEINHAFEL 2265 NORTH SHORE DR WAYZATA MN 55391 38 10-117-23 33 0006 GREGG W/DENISE E STEINHAFEL 2265 NORTH SHORE DR WAYZATA MN 55391 38 10-117-23 34 0003 THOMAS J OTTESON 1449 BAY RIDGE RD WAYZATA MN 55391 38 10-117-23 34 0004 GREGG W STEINHAFEL 2265 NORTH SHORE DRIVE ORONO MN 55391 38 10-117-23 34 0005 THOMAS & MARTHA MCCUNE 787 TRAMORE LA NAPLES FL 34108 38 10-117-23 34 0006 SUSAN M KERBER & JOHN C HOLM 1485 BAY RIDGE RD WAYZATA MN 55391 38 10-117-23 34 0007 TWILA B GERMANSON DONALD M GERMANSON 1161 WAYZATA BLVD E #228 WAYZATA MN 55391 38 10-117-23 34 0008 ROBERTSNYDER 1513 BAY RIDGE RD WAYZATA MN 55391 38 10-117-23 34 0009 KLOVER HOLDINGS LLC 1525 BAY RIDGE RD WAYZATA MN 55391 38 10-117-23 34 0014 BERTA KVAMME 2050 SHORELINE DR WAYZATA MN 55391 38 10-117-23 34 0015 THOMAS H ALT SR DONNA DELANEY ALT 2054 SHORELINE DR WAYZATA MN 55391 38 10-117-23 34 0016 BERTA KVAMME 2050 SHORELINE DR WAYZATA MN 55391 38 10-117-23 34 0017 JULIE WIENS & ROBERT WIENS 1425 BAY RIDGE RD WAYZATA MN 55391 38 15-117-23 210013 HENNEPIN COUNTY REGIONAL RAILROAD AUTHORITY 701 4TH AVE S SUITE 700 MINNEAPOLIS MN 55415 38 15-117-23 22 0001 GREGG & DENISE STEINHAFEL PO BOX 67 CRYSTAL BAY MN 55323 Hennepin County Locate & Notify Map Date: 9/21 /2023 i'JI /I I Preach Lake nre Dr { r Minnetonka Beach Buffer Size: 500 0 205 410 820 Feet Map Comments: I I I I I I I I I 1513 Bay Ridge Road This data (i) is furnished 'AS IS' with no representation as to completeness or accuracy; (ii) is furnished with no warranty of any kind; and (iii) is notsuitable for legal, engineering or surveying purposes. Hennepin County shall not be liable for any damage, injury or loss resulting from this data. For more information, contact Hennepin County GIS Office 300 6th Street South, Minneapolis, MN 55487 /gis.info@hennepin.us Date Application Received: 09/20/2023 Date Application Considered as Complete: 10/04/2023 60-Day Review Period Expires: 12/03/2023 To: Chair Bollis and Planning Commission Members Adam Edwards, City Administrator From: Natalie Nye, Planner Date: October 16, 2023 Subject: #LA23-000059, Jennifer Germain with Pebl Design, 980 Tonkawa Road Variances - Public Hearing Application Summary: The applicant is requesting an average lakeshore setback variance and an accessory structure side yard setback variance for an outdoor kitchen and screen wall. Staff Recommendation: Planning Department Staff recommends denial as applied. Background The applicant is requesting an average Lakeshore setback variance and a side yard setback variance for the construction of a screen wall and outdoor kitchen area. The proposed improvement is 6 feet in height and includes an outdoor kitchen that serves the outdoor patio. The proposed screen wall is considered an accessory structure and not a fence due to the grill, sink, and other elements that are incorporated in its design. The proposal does not meet the 10-foot setback requirement for accessory structures and is 6 feet in height within of the average lakeshore setback line where 42 inches (3.5 feet) is permitted. All other zoning requirements including hardcover are met. Practical Difficulties Analysis Applicant Submittal Information: The applicant has identified the existing conditions of the property as a practical difficulty. Currently there is an accessory structure of a 3-foot-tall wall enclosing a grill within the required side yard setback. The applicant is proposing to recapture this element of the current outdoor space in their new design. The applicant has also identified the topography and extreme average lakeshore setback line as practical difficulties. The current home is within the average lakeshore setback and the neighboring and impacted neighbor is situated at a much higher grade and therefore is not impacted by the proposed 6-foot accessory structure Planning Staff Practical Difficulty Analysis: There are some practical difficulties to support a variance to the average lakeshore setback. However, Staff does not find that there is practical difficulty to allow a side yard setback variance. Staff finds that the property does have a significant grade change between the subject property and the impacted neighbor at 1000 Tonkawa Road. There is also substantial vegetation between the two properties. Staff does recognize that the proposed taller height of the accessory structure would not impact the neighbor's view of the lake due to the difference in grade, vegetation, extreme average lakeshore setback limits and distance from the lake. However, the property owner has reasonable use of the site for the single-family home. An accessory structure of an outdoor kitchen is not necessary for the use of the property. The proposed location for the outdoor kitchen is out of convenience since there is a conforming building envelope on the site for the proposed project to meet the 10 foot required side yard setback. FILE #LA23-000059 October 16, 2023 Page 2 of 5 LOT ANALYSIS WORKSHEET Section 78-330 & 78-1279 — Accessory Structure Setbacks: LR-1B District Required Existing Proposed Rear/Street 17.5' 500'+ 500'+ North Side 10, 95' 95' South Side 10, 5' 6' Lakeshore 75' 160' 138' Average Lakeshore * Not Met — The improvement is completely within ALS Section 78-1680 and 78-1700 — Hardcover Calculations: Stormwater Allowed Existing Proposed Overlay District Total Area Hardcover Hardcover Hardcover Tier 18,624 s.f. 11,428 s.f. 12,335 s.f. Tier 1 74,496 s.f. (25 %) (15.3%) (16.5%) Applicable Regulations: Averaee Lakeshore Setback Variance (Section 78-1279 The intent of the ordinance is to protect the lake views enjoyed by neighboring properties. Structures over 42 inches in height are prohibited in front of the average lakeshore setback line. Much of the existing home is within the average lakeshore setback and is nonconforming. The proposed accessory structure is over the 42 inch height limitation and is located within the average lakeshore setback. The 6-foot accessory structure is intended to provide screening for the patio and will contain elements of an outdoor kitchen. The impacted neighbor to the south is situated at a higher elevation and will not be negatively impacted by the wall as it does not block any view of the lake. Both homes are significantly set back from the lake, there is a topography change, and there is dense vegetation between the two lots. The neighbor's views of the lake are protected and therefore the intent of the ordinance is met. Side Yard Setback Variance for Accessory Structure (Section 78-3 The proposed improvement includes a 6-foot screen wall around outdoor kitchen elements including a grill and sink which intensifies the use of the wall. The proposed screen wall is considered to be an accessory structure rather than a fence and must adhere to the accessory structure setbacks. The accessory structure setbacks limit placement of structures such as sheds, patios, etc. on lots. The subject property is located in the LR-1B Zoning District which requires a 10-foot side yard setback. The proposed accessory structure is approximately 6 feet from the side (southern) property line where 10 feet in required. There is ample room on the site for the project to meet the 10 foot required side yard setback. Governing Regulation: Variance (Section 78-123) In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth -sheltered construction as defined in Minn. Stat. §216C.06, FILE #LA23-000059 October 16, 2023 Page 3 of 5 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. An average lakeshore setback variance is required for the construction of a 6-foot screen wall. Much of the existing home is located in front of the average lakeshore setback line. The proposed accessory structure is located on the southern side of the home. The property is situated at a lower grade than the impacted neighbor to the south. The neighboring properties also have dense vegetative screening between the two. The neighboring property to the south would not be impacted by the proposed protect. The structure meets the 75-foot lake setback and the property is proposed to remain in compliance with the hardcover regulations. However, the accessory structure does not meet the required side yard setback. The screened wall and outdoor kitchen is considered to be an accessory structure based on the submitted design. The required setback for accessory structures in the LR-113 district is 10 feet and the proposed wall is approximately 6 feet from the side property line. the proposed structure is not in harmony with the general intent and purpose of the Ordinance. This criterion is not met. 2. The variance is consistent with the comprehensive plan. The property is being used for a single family home consistent with the comprehensive plan. The proposed accessory structure height is not likely to impact any lake views. However, structure does not meet the required side yard setback and does not demonstrate consistency with the comprehensive plan. 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 accessory structure is permitted within official controls. However, the proposed location within the side yard setback is out of convivence since there is ample room for the structure to meet the 10-foot required setback 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 placement of the existing home and the topography of the area are unique to the property and not created by the landowner. The unique circumstances can support an average lakeshore setback variance, however the proposed location of the structure within the 10-foot side yard setback is created by the homeowner to expand their outdoor living space. This criterion is not met.; and c. The variance will not alter the essential character of the locality. The proposed variance resulting in a new screen wall structure will not impact the neighboring views of the lake. However, the proposed wall is closer than the Ordinance permits and is larger and a more intense use than the nonconforming wall and grill on the property today. This criterion is not met. Additionally, City Code 78-123 provides additional parameters within which a variance may be granted as follows: FILE #LA23-000059 October 16, 2023 Page 4 of 5 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination. 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth -sheltered construction as defined in Minn. Stat. § 216C.06, subd. 17, when in harmony with Orono City Code Chapter 78. This condition is not applicable. 6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located. This condition is not applicable, as a residential home is a permitted use in the LR-1B District. 7. The board or council may permit as a variance the temporary use of a one -family dwelling as a two-family dwelling. This condition is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The existing nonconforming elements of the property and the topography of the area are unique to the property. This criterion is met for the average lakeshore setback restrictions. The side yard setback is not peculiar and all properties in the neighboring area must meet this setback. This criterion is not met for the side yard setback variances. The conditions do not apply generally to other land or structures in the district in which the land is located. The extreme average lakeshore setback and topography is unique to the property limiting height of some accessory improvements on the site. The criterion is met for the average lakeshore setback. The 10-foot side yard setback for accessory structure apply the same to the properties in the zoning district and are not unique for this site. This criterion is not met for the side yard setback variances. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The proposed structure location is not necessary for the use and enjoyment of the property. The proposal could be moved to meet the side yard setback requirements and still function as an element of the outdoor living space. The privacy wall does not impact the neighboring views of the lake and therefore can be supported. This criterion is not met. 11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. Granting the requested variances 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 an accessory structure that includes a 6-foot screen wall and outdoor kitchen elements. The placement of the structure within a side yard setback appears to serve as more of a convenience to the applicant. The wall could be moved 4 feet inwards and be in a conforming location. Much of the home is within the average lakeshore setback and the construction of a 6-foot screen wall would not impede the neighboring lake views. The average lakeshore setback variance can be supported, but the side yard setback variance cannot. This criterion is not met. FILE #LA23-000059 October 16, 2023 Page 5 of 5 The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Public Comments The applicant has provided an acknowledgement form from the neighboring property. 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? Is the project able to conform to city standards?? 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 Staff recommends denial of the application as applied. The structure is proposed 6 feet from the side property line when 10 feet is required. Staff does not find that there is practical difficulty present to support this variance. The location seems to be out of convenience as there is available room to meet the 10 foot required side yard setback. Staff has recommended moving the structure to a compliant location. The proposed 6-foot height of the accessory structure is not permitted within the average lakeshore setback due to exceeding the 42 inch height requirement. Much of the existing home is within the average lakeshore setback and due to the topography and existing vegetation, the neighboring property is not impacted by the proposed screen wall. This variance has the support of staff. List of Exhibits Exhibit A. Application Exhibit B. Practical Difficulties Form Exhibit C. Survey Exhibit D. Plans Exhibit E. Hardcover Calculations Exhibit F. Aerial & Property Photos Exhibit G. Narrative Exhibit H. Neighbor Acknowledgment Form Exhibit 1. Mailing List & Map 9/22/23, 11:42 AM Permit Details I Citizenserve Land Use Application Summary Application Date: Address: Parcel Number: Land Use Number: Application Submitted By: Owner: 09/20/2023 980 Tonkawa RD Orono, MN 55356 0811723120001 LA23-000059 Agent on behalf of property owner Name: CRAIG F SMITH Address: Nelson United LLC Name: Jennifer Germain Applicant: Company: pebl design Address: 1819 Dupont Ave S Minneapolis, MN 55403 j ennifer@pebl. design Contact Information: Associated Contact: Jennifer Germain j ennifer@pebl. design Associated Contact: Jonathan Blaseg j onathan@pebl. design Associated Contact: Nelson United wnelson@tonkawa.com Associated Contact: Project Description: Land Use Application Type: Applicant Signature: new landscape project Amendmend Application O Appeal of Admin Decision Concept Application Conditional Use Permit Site Plan Application Subdivision Application Subdivision Exception Vacation Application Variance Application ki I https://www5.citizenserve.com/Admin/PerrnitController?Action=DisplayPermitDetaiI&SelectedTab=Permits&Permit_ID=12386962&WorkOrder_ID=877... 1 /1 10/10/23, 2:22 PM Permit Details I Citizenserve PRACTICAL DIFFICULTIES DOCUMENTATION FORM LA23-000059 1. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter. Response: N/A 2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. Response: We firmly establish the presence of practical difficulties that necessitate this variance. Firstly, due to the neighboring property's elevated position, it directly overlooks our client's patio area. By constructing a 6-foot tall screen wall along the property line, we aim to create a necessary sense of privacy without compromising the neighbor's view of the lake. Moreover, the proximity of the neighboring home to the property line necessitates a reasonable solution. The proposed wall would enable the client to replace their existing patio, which is situated in the same location but is currently paved with uneven flagstone that impedes property access. The new patio design would significantly enhance usability and accessibility while mitigating the need for excessive vegetation, allowing for better access to natural light within the home. It is essential to note that the circumstances leading to these practical difficulties are entirely unique to the property and were not created by the landowner. The client's home is positioned significantly forward compared to neighboring residences, causing the Average Lakeshore Setback to be set much further back from the shoreline. This setback results in an impractical restriction on privacy screening height. 3. The variance, if granted, will not alter the essential character of the locality. Response: We assure you that granting this variance will not alter the essential character of the locality. The proposed screen wall and vegetation are visually discreet and a functional addition that is in keeping with the aesthetic of the surrounding area. It will serve a vital role in maintaining a sense of privacy for the property owner without adversely impacting the neighbor's viewshed of the lake. 4. Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter. Response: N/A S. Practical difficulties 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 Minnesota Statutes, Section 1161.06, Subd. 2, when in harmony with this Chapter. Response: N/A 6. The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not allowed under this Chapter for property in the zone where the affected person's land is located. https://www3.citizenserve.com/Admin/PermitController?Action=DisplayPermitDetail&SelectedTab=Permits&Permit_ID=12386962&WorkOrder_ID=877... 1 /2 10/10/23, 2:22 PM Response: N/A Permit Details I Citizenserve 7. The Board or Council may permit as a variance the temporary use of a one -family dwelling as a two-family dwelling. Response: N/A 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. Response: See 3b 9. The conditions do not apply generally to other land or structures in the district in which said land is located. Response: N/A 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Response: N/A 11. The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code. Response: Correct 12. The granting of such variance will not merely serve as a convenience to the applicant but is necessary to alleviate demonstrable difficulty. 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O F -�/ -°- 8 \ \ 4 / 97 x 980.7 P <; �1NOE= S 5. r S\ OF Q \ \ l S 98 .6� 0 959.4 �56.8 '2 s x 161 \ 2� 95.o 973. _ �__ +_ o. 9.1 69. 55 7 ` / / / / \ \ - O 1 95 . �esau- 967.9 _ - -eseL- 2_ 53 97 /Y980 9 \ \974.7 O �s t� 95 9 Q \ +\ - - -\ /973. o' s cn y L,970 .6 ~968.4- \\ 6L5 963X / ��98 - -_ - I5152 \ \\•; / / / / /�82.2 2� \\ \ \ \ V �/ T/� !4�\0 c� ��OF �� \ \ \ \ \ \\6\ i �P 22.9 31 51 A \/ x 739 / L 6 0 CCP x 80.9� / / GFE= 0 S G AVERAGE 66 n \ / / 14 LAKESHORE - - - - ---- tk Fz P X 3. cn 32 � �� O o / -97 .4 50 x 9�9.2 v / / \ \ �. h ��P \ \ 9�1`7 950. 974.E �'V A 9� / _ _ A_ �\ / 3 �,� 150 ,:: .2/ / /3 �� 2 / SETBACK =� 51 1 95 \� x 969.7 6967 i - .Jf7 g� 9� 7 r�/97 .9'/ / _-� �� 8 C 8 5, \ �/ �\ \ /'` © 97� /97/ // / L.v x98 .�-� \ 9S 6 z 9 .6 x9_54.1 5� /1 �9499 o I % 9T. 105 �-- \ 559.6� \ \\\�\ 6 8 g� 9 S O h°\43. 974 7 x 973.8 J 38 \ x 971.9 \ x `jb t x 69.7 79 9 / 2 /- ! __---- - 1 \ \ \ \ l �� ° 6 i WOE=' 954.1 Cf x 972.1 37 \ 49T370.0 -�60-� ? - :,.. �� / //�/ ---- \V� �9 5.2 J�5.8 5 93 o �E�� ��- 19 5 1� �J (� 3 770.9 0 x 9 2.3 � / 985. x x 98 .2 \ 6.8 ��� �\ \ \\ \ g 8 m 958.ON g.4 -_ I 15 ° g CS\ x 973.2 \ sg,2::, / 106 _ - 3 1 \max 9�1. - - 149 A 9 9. 6 (S\ 74.5 \ \ x 970.3 71 80 I} D- �)x 9%6.J �1 (_� I \ 13 \ �� S g 24.1 s k 953.1 h 17 (� �� � \ 3 \ \ \ 61 \ 969. x 970.5 x o x �1.41 V/6/1V , L- _ .2 �✓ / i / I 0 \ \ 1 \ \ \ \ �63 S \ 5 Q 2/ \ 39 / 3 �7 �� \ 972.0 27 \x 73.0 \ C / 82 _ -- -�- 9Y 2 / ✓ SGt �j 9�84.9 x 988.5 \ ��39 4 9' 956.9 7.8 i emL-eseuj- 95L 0 H- 5 Q // 97 .4 4� 67 RV -- / / / J r x�9 0.�\ 46 �^� L a / I -I � 34 /-� 8 G x 972.5 13 29 28 \ x 9 6 WHO - x 9 977.0 / 100 09 co' ao 127 1 \ �\e O� \ 6 �u , 2 9.3 5 p 48 78.74 50 I- 50. + 28.3 x 7 r \ 47 69 f 81 4� -esa -esa� \�\\8 7 71.0 9 3.6� _ x 972.0 25 40 66 G Q (� \ \ 26 r - .gZ3.O 971.9 --- 7I--2- - �J 85 �3 71.7 / �/ / / _1 esaL-ese��SSE � - 8 Q \ ��\\ �� 8.8�95 .I 5 .0' 954.3 O \ 1 Lg�i / e�8��`--°- I x 988.3 / \8 \ �207.96 \ CO 951.E i x 950.8 x 947.4 FND IP\\I�� { x 72.8 x �L 'f-� a I W x 98 III 76.06 - \ MA�16" 944.9 k 943.0 (S 8 g x 973.3-------- �_- feu c_�'-III W W� q� - i \ \�� .I 9 9. CED C 6 dg54.4 N j ��976_5 �\ x 72. 7I r 4 97 41 - _ - -�` x 972.3- 84 86 / 9 fi x 984.0 / \ \• \� -- -� 972.3 ;� // 980.1 / FND PK NAIL SPIKE 11.1� \ A '�\GRILL \ g 9 x 948.7 \\ \ 9 4 / / - -END IP I/2 OPEN ° 55.7�95 8 v) + oh 951.E o Q I 6 11 W 836 +/. Co 987.0 J S \ g \ 59.9 XccccccbbbOF � ss °3 951.8 / x 950.3 x 949.2 43 x 973.4-- / S88 0 p 966. 956.5 \ 34.47 - 9 _ - - 136.72 2 NAIL SPIKE I� ^ x g 4 °r X 9 +- x 959.4 x 954.0 x 944.7 x 974.3� �(� (842 / DEED) x x 947.3 DAP 2 \ END K L / LATH \ ^ ^ I o) x 949.8 x 948.3 928.4 97 .8 ���979.1 ` \ yj��972.8�g�'/� � \974.0 1974.0� �x 976.6 931.5 \\ x\ \�q R� x 975.7 x 975.6 \ 9 )�E Ste_ �9 �X 9 6.3 x'978.8\I \X9 & x 977.6 973.2 I�913.4 .28�0.8 \ 931.6 928.3 x 934.7 EXISTING x 938.0 X � � NW CORNER OF TRACT HOUSE � ARLSNO.617 �� 7 L� v T x 72.yT 972.8 972.7 1 I x n 972. END IP 1/2" 72.1 �\ \ / r_\ / N 1 n �` -7 x 936.4 66.5 ��� L� f 1 \ L_ I� L _�\ I� V V : lJ I \ V L_ I I V \J • `J I l / DECK x 935. \x92�744 \ y _ x 939.0 O �Z �"` I P V.2- FND PINCH TOP 942.7 \ _0 Oc\ __.*END P_3.�4- 93�199_27J / FND IP - 4� 977.5 DESCRIPTION OF PROPERTY SURVEYED 6) Zoning Information: The current Zoning for the subject properly is LR-lB (One Family Lakeshore Residential) per the City of Orono's zoning map dated July 8, That part of Government Lot 3, Section 8, Township 117, Range 23, described as commencing at the Northwest comer of Tract A, Registered Land Survey Number 617 ; 2019. The setback, height, and floor space area restrictions for said zoning designation are as follows: thence North 23 degrees 20 minutes West along the extension of the Westerly line of said Tract A a distance of 85.80 feet to the actual point of beginning; thence South g g Y p 85 degrees, 22 minutes West a distance of 34.84 feet to the center line of County Road Number 135; thence South 23 degrees, 20 minutes East along said center line to Principal Structure Setbacks - Street(s): 35 feet (Tonkawa Road) its intersection with a line bearing South 87 degrees, 24 minutes West from the point of commencement; thence North 87 degrees, 24 minutes East a distance of 842.50 Side: 10 feet feet, more or less, to the shore of Lake Minnetonka; thence Northwesterly along said shore to its intersection with a line bearing North 85 degrees, 22 minutes East from Rear: 30 feet the actual point of beginning; thence South 85 degrees, 22 minutes West to the actual point of beginning. Lake: 75 feet (From Ordinary High Water Line) STANDARD NOTES Height: 30 feet PC Exhibit C 1) Site Address: 980 Tonkawa Road, Orono, MN 55356 2) A title opinion was not furnished to the surveyor as part of this survey. Only easements per the recorded plat are shown unless otherwise denoted hereon. 3) Flood Zone Information: X (area determined to be outside of the 0.2% annual chance floodplain) and Zone AE per Flood Insurance Rate Map, Community Panel No. 27053CO303F effective date of 11/04/2016. 4) Parcel Area Information: Gross Area: 74,496 f s.f. - 1.71 f acres *We do not affirmatively insure the quantity of acreage set forth in the description 5) Benchmark: Elevations are based on the Lake Minnetonka Benchmark, Brass disk in concrete curb at exit of Grays Bay Dam area. Benchmark elvevation=932.7 feet (NGVD 29) Tree # Species DBH Condition Stems 1 Elm, red 9.5 Good 1 2 Oak, red 15.5 Good 1 3 ickory, bitternu 17.0 Fair 1 4 Maple, sugar 8.0 Good 1 5 Maple, sugar 10.0 Good 1 6 Maple, sugar 9.0 Good 1 7 Maple, sugar 10.0 Good 1 8 Maple, sugar 6.0 Good 1 9 Maple, sugar 6.5 Good 1 10 Maple, sugar 11.5 Good 1 11 Ash, green 10.0 Good 1 12 ickory, bitternu 10.0 Good 1 13 Basswood 40.5 Good 4 14 Elm, red 9.0 Fair 1 15 Maple, sugar 9.5 Good 1 16 Elm, red 6.5 Fair 1 17 Oak, red 13.0 Good 1 18 Basswood 9.5 Good 1 19 Basswood 23.5 Good 3 20 Basswood 6.5 Fair 1 21 Aspen 9.5 Fair 1 22 ickory, bitternu 7.0 Good 1 23 Elm, siberian 13.5 Good 1 24 Aspen 10.0 Poor 1 25 Maple, sugar 6.0 Good 1 26 Aspen 11.5 Fair 1 27 Maple, sugar 6.0 Good 1 28 Aspen 10.5 Fair 1 29 Maple sugar 6.0 Good 1 30 As en 13.0 Good 1 31 Aspen 14.0 Good 1 32 Aspen 13.5 Good 1 33 Basswood 7.5 Good 1 34 Maple, sugar 6.5 Good 1 35 Aspen 10.5 Poor 1 36 Aspen 13.0 Fair 1 37 Aspen 13.0 Fair 1 38 Maple, sugar 7.5 Good 2 39 Aspen 12.5 Fair 1 40 Ash, green 13.0 Good 1 41 Aspen 13.5 Fair 1 42 Elm, siberian 11.0 Poor 1 43 Maple, sugar 7.5 Good 1 44 Maple, sugar 6.5 Good 1 45 Maple, sugar 6.5 Good 1 46 Maple, sugar 7.0 Good 1 47 Ash, green 8.5 Fair 1 48 Aspen 13.0 Poor 1 49 Oak, red 35.5 Good 3 50 Basswood 10.0 Good 1 51 Hickory, bitternu 10.5 Good 1 52 Oak, red 13.5 Good 1 53 Basswood 8.0 Good 1 54 Maple, sugar 8.0 Good 1 55 Basswood 6.0 Fair 1 56 Basswood 16.0 Good 1 57 Basswood 6.5 Poor 1 58 Oak, red 17.5 Good 1 59 Oak, red 25.5 Good 1 60 ickcry, bitternu 11.0 Good 1 61 Hickory, bitternu 13.5 Good 1 62 Maple, sugar 6.0 Good 1 63 ickory, bitternu 19.5 Good 1 64 Boxelder 6.0 Poor 1 65 Hackberry 18.0 Good 1 66 Maple, sugar 7.5 Good 1 67 Maple, sugar 6.0 Good 1 68 Boxelder 10.5 Good 1 69 Maple, sugar 10.5 Good 1 70 Maple, sugar 12.0 Good 1 71 Maple, sugar 12.0 Good 1 72 ickory, bitternu 11.0 Good 1 73 Maple, sugar 11.5 Good 1 74 Maple, sugar 11.0 Good 1 75 Boxelder 15.0 Fair 1 76 Maple, sugar 11.5 Good 1 77 ickory, bitternu 9.5 Good 1 78 Maple, sugar 12.0 Good 1 79 Maple, sugar 9.5 Good 1 80 Maple, sugar 9.0 Poor 1 81 Maple, sugar 7.5 Good 1 82 Maple, sugar 13.5 Good 1 83 Boxelder 14.5 Poor 1 84 Maple, sugar 10.5 Good 1 85 Maple, sugar 6.0 Good 1 86 Maple, sugar 12.5 Good 1 87 Maple, sugar 6.0 Good 1 88 Maple, sugar 6.0 Good 1 89 Elm, red 14.0 Good 1 90 Maple, sugar 22.5 Good 1 91 Maple, sugar 20.5 Fair 1 92 Maple, sugar 8.0 Good 1 93 Maple, sugar 16.0 Good 1 94 Maple, sugar 13.0 Poor 1 95 Maple, sugar 22.0 Good 1 96 Maple, sugar 17.0 Good 1 97 Maple, sugar 13.0 Good 1 98 Maple, sugar 11.0 Good 1 99 Maple, sugar 17.0 Good 1 100 Maple, sugar 23.0 Good 1 101 Maple, sugar 30.5 Good 2 102 Maple, sugar 20.5 Good 1 103 Maple, sugar 17.0 Good 1 104 Maple, sugar 19.0 Poor 1 105 Maple, sugar 11.0 Good 1 106 Maple, sugar 21.0 Good 1 107 Maple, sugar 13.0 Fair 1 108 Maple, sugar 14.5 Good 1 109 Maple, sugar 21.5 Good 1 110 Maple, sugar 12.0 Fair 1 ill Maple, sugar 18.5 Good 1 112 Basswood 6.0 Good 1 113 Maple, sugar 15.0 Poor 1 114 Maple, sugar 19.0 Fair 1 115 Basswood 8.0 Fair 1 116 Maple, sugar 19.5 Good 1 117 Oak, red 6.0 Good 1 118 Maple, sugar 15.5 Good 1 Maple, sugar 11.0 Poor 1 Maple, sugar 11.5 Good 1 F Ma le, su ar 16.5 Good 1 Ma le, su or 16.0 Poor 1 Ironwood 7.0 Good 1 Hardcover: 25 percent of lot area Accessory Structure Setbacks - Front: 35 feet Side: 10 feet Rear: 75 feet (Lake Side- From Ordinary High Water Line) *Please note that the zoning information shown hereon may have been amended through a city process. We recommend that a zoning letter be obtained from the Zoning Administrator for the current restrictions for this site. All setback information and hardcover data for planning and design must be verified by all parties involved in the design and planning process prior to any planning or construction. We have not received the current zoning classification and building setback requirements from the insurer. 7) Utilities: We have shown the location of utilities on the surveyed property by observed evidence only. There may be underground utilities encumbering the subject property we are unaware. Please note that we have not placed a Gopher State One Call for this survey. There may or may not be underground utilities in the mapped area, therefore extreme caution must be exercise before any excavation takes place on or near this site. Also, please note that seasonal conditions may inhibit our ability to visibly observe all the utilities located on the subject property. Before digging, you are required by law to notify Gopher State One Call at least 48 hours in advance at 651/454-0002. 124 Maple, sugar 19.5 Good 1 125 Maple, sugar 9.0 Good 1 126 Maple, sugar 16.0 Good 1 127 Maple, sugar 20.5 Good 1 128 Maple, sugar 13.5 Good 1 129 Maple, sugar 14.0 Fair 1 130 Maple, sugar 18.0 Good 1 131 Maple, sugar 15.0 Fair 1 132 Maple, sugar 22.0 Good 1 133 Maple, sugar 17.0 Good 1 134 Maple, sugar 17.0 Good 1 135 Maple, sugar 20.5 Good 1 136 Hickory, bitternu 6.0 Good 1 137 Maple, sugar 20.0 Poor 1 138 Maple, sugar 21.0 Good 1 139 Maple, sugar 15.0 Fair 1 140 Basswood 7.0 Good 1 141 Maple, sugar 14.5 Good 1 142 Maple, sugar 13.5 Poor 1 143 Maple, sugar 29.0 Good 1 144 Maple, sugar 24.0 Good 1 145 Hickory, bitternu 8.0 Good 1 146 Hickory, bitternu 7.5 Good 1 147 Maple, sugar 24.0 Good 1 148 Maple, sugar 21.5 Good 1 149 Maple, sugar 23.5 Good 1 150 Maple, sugar 17.0 Good 1 151 Maple, sugar 29.0 Poor 1 152 Maple, sugar 6.5 Good 1 153 Elm, american 18.5 Good 1 154 Maple, sugar 8.0 Good 1 A °ELM 44 ST. s LJ C:7 04 JFOX ;T. r h F°X O LN. O,Ypq �� V I `2'Y9 P EW \\\\ C CIS N N SITE A I O H DAiiE RD. North T Arm M-14 y S EOMA LINDA Bay a C _ AN VIEW M A gAVE. _RE - f Aw L !\ m P E °Pt 5I eAIDUR p 4 G - /./ 0 Bearings are based on the Hennepin County Coordinate System (NAD 83 - 1986 adj.) 30 15 0 15 30 60 SCALE IN FEET • JUDICIAL LANDMARK FOUND SURVEY LEGEND CAST IRON MONUMENT # PIEZOMETER WOE WALKOUT ELEVATION • IRON PIPE MONUMENT SET � POWER POLE FFE FIRST FLOOR ELEVATION • IRON PIPE MONUMENT FOUND < GUY WIRE GFE GARAGE FLOOR ELEVATION )1( DRILL HOLE FOUND RD ROOF DRAIN TOF TOP OF FOUNDATION ELEV. X CHISELED "X" MONUMENT SET Ls LIFT STATION LOE LOWEST OPENING ELEV. X CHISELED "X" MONUMENT FOUND QS SANITARY MANHOLE CONCRETE # REBAR MONUMENT FOUND ® SANITARY CLEANOUT BITUMINOUS A PK NAIL MONUMENT SET SD STORM MANHOLE -� --ate- BUILDING SETBACK LINE PK NAIL MONUMENT FOUND ® STORM DRAIN CTv CABLE TV Q PK NAIL W/ ALUMINUM DISC ® CATCH BASIN CONCRETE CURB SURVEY CONTROL POINT 4 FLARED END SECTION - 9so - - CONTOUR EXISTING ❑A A/C UNIT TREE CONIFEROUS 9so CONTOUR PROPOSED ❑c CABLE TV PEDESTAL TREE DECIDUOUS -0-0-0-0-0- GUARD RAIL ❑E ELECTRIC TRANSFORMER TREE CONIFEROUS REMOVED DT DRAIN TILE Q ELECTRIC MANHOLE TREE DECIDUOUS REMOVED ELc ELECTRIC UNDERGROUND OE ELECTRIC METER O TELEPHONE MANHOLE -x-x- FENCE ■ ELECTRIC OUTLET ❑T TELEPHONE PEDESTAL Fo FIBER OPTIC UNDERGROUND 0 YARD LIGHT O UTILITY MANHOLE GAS -GAS UNDERGROUND LIGHT POLE 0 UTILITY PEDESTAL OHu OVERHEAD UTILITY FIBER OPTIC MANHOLE ❑v UTILITY VAULT TREE LINE FIRE DEPT. HOOK UP © WATERMAIN MANHOLE > SANITARY SEWER FLAG POLE • WATER METER >> STORM SEWER FUEL PUMP WATER SPIGOT TEL TELEPHONE UNDERGROUND FT FUEL TANK Q WELL RETAINING WALL PT PROPANE TANK MONITORING WELL UTL UTILITY UNDERGROUND © GAS METER m CURB STOP I WATERMAIN GAS VALVE M GATE VALVE TRAFFIC SIGNAL • GAS MANHOLE HYDRANT RAILROAD TRACKS GENERATOR IRv IRRIGATION VALVE $ RAILROAD SIGNAL GUARD POST PIv POST INDICATOR VALVE 0- RAILROAD SWITCH 0 HAND HOLE SIGN SATELLITE DISH M MAIL BOX se SOIL BORING ® WETLAND BUFFER SIGN FIELD CREW NO. BY DATE REVISION I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly Licensed TWPA 17-RGE.23-SEC.08 FILE NO. DM/EW/AK 1 JPR 9/20/2022 BUILDING FOOT PRINT USE (INCLUDING COPYING, DISTRIBUTION, AND/ORCT Land Surveyor under the laws of the State of Minnesota. FRS SU Hennepin Count CONVEYANCE OF INFORMATION) OF THIS PRODUCT IS � RL p y CERTIFICATE OF SURVEY DRAWN 2 JPR 9/25/2023 AVERAGE LAKESHORE SETBACK STRICTLY PROHIBITED WITHOUT SATHRE-BERGQUIST, INC.'s C1� F� 99200-002 EMW EXPRESS WRITTEN AUTHORIZATION. USE WITHOUT SAID Dated this 15 day of September 15, 2022. W N SAT H R E-BERGQUIST INC.- CHECKED AUTHORIZATION CONSTITUTES AN ILLEGITIMATE USE AND 'TTt O RO N O PREPARED FOR: SHALL THEREBY INDEMNIFY SATHRE-BERGQUIST, INC. OF c w 14000 25TH AVENUE NORTH, SUITE 120 ALL RESPONSIBILITY. SATHRE-BERGQUIST, INC. RESERVES m DLS THE RIGHT TO HOLD ANY ILLEGITIMATE USER OR PARTY N 4� PLYMOUTH MN 55447 (952) 476-6000 M I N N E S OTA YERIGAN CONSTRUCTION DATE LEGALLY RESPONSIBLE FOR DAMAGES OR LOSSES Daniel L. Schmidt, PLS Minnesota License No. 26147 cti 4� WWW.SATHRE.COM 1 09/09/22 RESULTING FROM ILLEGITIMATE USE. schmidt@sathre.com FRS P VP I PC Exhibit D OVERALL SITE 0 32 64 01 Scalel /32" = V - 0" a a z O Lo LO Z Co Z O� Cl) o 0 J ~ O LLI o ry Zo o PEBL DESIGN 1819 Dupont Ave. S Minneapolis, MN 55409 t: 612.226.3063 www.pebl.design STAMP FOR CONSTRUCTION I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that i am a duly licensed Landscape Architect under the laws of the state of Minnesota. SIGNATURE: PRINTED NAME: JONATHAN BLASEG LICENSE NUMBER: 56714 REVISIONS OVERVIEW ISSUANCE: PERMIT SET PROJECT NAME: NELSON-TONKAWA RESIDENCE PROJECT NUMBER: 2302 DATE: 09.26.23 DRAWN BY: JB, JIG CHECKED BY: JB SHEET NAME OVERALL SITE PLAN SHEET NUMBER G002 \\- 96N 4Z ` O AVERAGE \ i/ LAKESHORE SETBACK � \ 9 i GARAGE N WM 10'SETBACK PROPERTY LINE 960 9 956 g5� 965 957 955 954 953 \ C .x 0 9p0 x 03y Q Q z O (0 Lo Z �Z O M Cn o 0 J � z L o � ZO O PEBL DESIGN 1819 Dupont Ave. S Minneapolis, MN 55409 t: 612.226.3063 www.pebl.design STAMP FOR CONSTRUCTION I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that i am a duly licensed Landscape Architect under the laws of the state of Minnesota. SIGNATURE: PRINTED NAME: JONATHAN BLASEG LICENSE NUMBER: 56714 REVISIONS OVERVIEW ISSUANCE: PERMIT SET PROJECT NAME: NELSON-TONKAWA RESIDENCE PROJECT NUMBER: 2302 DATE: 09.26.23 DRAWN BY: JB, JG CHECKED BY: JB SHEET NAME EROSION CONTROL & TREE PRESERVATION PLAN 01 EROSION CONTROL PLAN �s 1 r, r, r, SILT FENCE G004 LIMITS OF CONSTRUCTION 95X PROPOSED CONTOUR G003 METAL (OR WOC POST OR STAKE DIRECTION O RUNOFF FLO' NATURAL SOIL NOTE: SILT FENCE SHALL FOLLOW MNDOT SPEC. SECTION 3886. WIRE MESH REINFORCEMENT, ATTACH FABRIC TO WIRE MESH WITH HOG RINGS, PER MNDOT SPEC. SECTION 3886 B1. SILT FENCE DESIGN RECOMMENDATIONS FABRIC FABRIC ANCHORAGE TRENCH BACKFILL WITH TAMPED NATURAL SOIL 1. SILT FENCES SHOULD BE INSTALLED ON THE CONTOUR (AS OPPOSED TO UP AND DOWN A HILL) AND CONSTRUCTED SO THAT FLOW CANNOT BYPASS THE ENDS. 2. ENSURE THAT THE DRAINAGE AREA IS NO GREATER THAN 1/4 ACRE PER 100 FT OF FENCE. 3. MAKE THE FENCE STABLE FOR THE 10-YEAR PEAK STORM RUNOFF. 4. WHERE ALL RUNOFF IS TO BE STORED BEHIND THE SILT FENCE, ENSURE THAT THE MAXIMUM SLOPE LENGTH BEHIND THE FENCE DOES NOT EXCEED THE SPECIFICATIONS SHOWN IN TABLE 1. FIGURE 1 TYPICAL INSTALLATION FOR SILT FENCE TABLE 1 MAXIMUM SLOPE LENGTH AND SLOPE FOR WHICH SILT FENCE IS APPLICABLE BY CALCULATION BY CALCULATION BY ACCEPTED DESIGN PRACTICES SLOPE SLOPE PERCENT SILT FENCE STORAGE EQUALS 2 FT FOR A 100-YEAR EVENT SILT FENCE STORAGE EQUALS 2 FT FOR A 2-YEAR EVENT OR 3 FT FOR A 100-YEAR EVENT MAXIMUM SLOPE LENGTH 1 00:1 1 % 400 FT 900 FT 100 FT 50:1 2% 200 FT 450 FT 75FT 25:1 4% 100 FT 225 FT 75FT 20:1 5% 80 FT 180 FT 75-50FT 17:1 6% 67 FT 150 FT 50FT 12.5:1 8% 50 FT 112 FT 50FT 10:1 10% 40 FT 90 FT 50-25FT 5:1 20% 20FT 45 FT 25-15FT 4:1 25% 16FT 36 FT 15FT 3:1 33% 12FT 27 FT 15FT 2:1 50% 8FT 18 FT 15FT 0� HEAVY DUTY SILT FENCE Scale: 1" = 1' - 0" DRIPLINE 1 I 6 ;M/ MU> M SEAL -ROM PLAN VIEW NOTES: 1. ALL TREE PROTECTION FENCING AND EROSION CONTROL FENCING SHALL BE INSTALLED ACCORDING TO THE PLANS PRIOR TO ANY DEMOLITION. AFTER DEMOLITION OR AS NECESSARY, TREE PROTECTION FENCING MAY BE RELOCATED WITH APPROVAL FROM THE LANDSCAPE ARCHITECT. ALL TREE PROTECTION FENCING AND EROSION CONTROL DEVICES SHALL BE MAINTAINED FOR THE DURATION OF THE CONSTRUCTION PERIOD. 2. CONTRACTOR SHALL NOT STORE ANY MATERIALS OR PARK ANY VEHICLES IN TREE PROTECTION ZONES. THE FENCE SHALL PREVENT TRAFFIC MOVEMENT AND THE PLACEMENT OF TEMPORARY FACILITIES, EQUIPMENT, STOCKPILES AND SUPPLIES FROM HARMING VEGETATION WITHIN THE LIMITS OF PROTECTION 3. THE CONTRACTOR SHALL CLEANLY CUT ALL ROOTS EXPOSED BY GRADING AS DIRECTED BY THE LANDSCAPE ARCHITECT. 4. THE CONTRACTOR SHALL USE DESIGNATED CONSTRUCTION ENTRANCES AND STAGING AREAS. 04 TREE PROTECTION Scale: 1" = 1' - 0" EXTEND MATERIAL AB ON TOP OF THE GROUND AND RANDOMLY INSERT STAPLES THROUGH THE MATERIAL ABOUT 20" APART 0-0 Y CP STAPLES AT 3' O.C. STA MUST BE INSERTED THROUGH OVERLAP MATERIAL TRANSVERSE SE BLANKET MATERIAL MUST OVERLAP AT LEAST 6" AND STAPLES INSERTED THROUGH BOTH FABRICS AT A MAXIMUM SPACING OF 20" APART LONGITUDINAL SEAMS: BLANKET MATERIAL MUST OVERLAP AT LEAST / / AT END OF SL 6" AND STAPLES INSERTED THROUGH BOTH SECURE BLANKET FABRICS AT A MAXIMUM SPACING OF 40" APART MATERIAL BY INSERTING STAPLES ABOUT 20" APART THROUGH THE FABRIC NOTES: 1. EROSION CONTROL BLANKET TO BE CATEGORY 4-COCONUT 2S FOR SLOPES GREATER THAN 5:1 AND SIDES AND BOTTOM OF ALL DRAINAGE SWALES AND PONDING AREAS AND CATEGORY 2-STRAW 2S FOR ALL SLOPES LESS THAN 5:1 PER MNDOT SPEC. SECTION 3885. 2. INSTALL PER MNDOT SPEC. SECTION 2575 02 EROSION CONTROL BLANKET Scale:1 = 1 - 0 COIR LOG 6"-7" MINIMUM DIAM-ETER STAKE DRIVEN THROUGH L 05 BIOROLL LOG Scale:1 = 1'- 0 INSTALL SHREDDED HARDWOOD MULCH (MNDOT TYF EQUIVALENT MATERIAL MAY BE SUBSTITUTED AT THE DISCRETION OF THE ENGINEER. (D O J u- Q J U- O M N ------------ 1. BEFORE INSTALLATION APPLY TOPSOIL, FERTILIZER AND SEED TO SURFACE. 2. BEGIN AT THE TOP OF THE CHANNEL, INSTALL MATS BY ANCHORING IN A 6" DEEP BY 6" WIDE TRENCH WITH APPROXIMATELY 12" OF MAT EXTENDED BEYOND THE UP -SLOPE PORTION OF THE TRENCH. ANCHOR WITH A ROW OF STAPLES APPROXIMATELY 12" APART IN THE BOTTOM OF THE TRENCH. BACKFILL AND COMPACT THE TRENCH AFTER STAPLING. APPLY SEED TO COMPACTED SOIL AND FOLD REMAINING 12" PORTION OF MAT BACK OVER SEED AND SOIL. SECURE MATS WITH A WITH A ROW OF STAPLES SPACED APPROXIMATELY 12" APART ACROSS THE WIDTH OF THE MATS. 3. ROLL CENTER MATS IN DIRECTION OF WATER FLOW IN BOTTOM OF CHANNEL. 4. PLACE CONSECUTIVE AND ADJACENT MATS END OVER END (SHINGLE STYLE) WITH A MINIMUM 6" OVERLAP. USE A DOUBLE ROW OF STAPLES STAGGERED 4" APART AND 4" ON CENTER TO SECURE OVERLAPPED MATS. 5. FULL LENGTH EDGE OF MATS AT TOP OF SIDE SLOPES MUST BE ANCHORED WITH A ROW OF STAPLES APPROXIMATELY 12" APART IN A 6" DEEP BY 6" WIDE TRENCH. 6. THE TERMINAL END OF MATS MUST BE ANCHORED WITH A ROW OF STAPLES APPROXIMATELY 12" APART IN A 6" DEEP BY 6" WIDE TRENCH. 7. BACKFILL AND SEED AFTER STAPLING. 8. FOLLOW MANUFACTURER'S RECOMMENDATIONS FOR PROPER INSTALLATION. 03 EROSION CONTROL MAT Scale:1 = 1 - 0 06 ROOT PRUNING - EXISTING TREES, TYP. Scale:1 = 1'- 0 a a z O (.0 LO LO Z � Z OM Cf) o O LU o � ZO O PEBL DESIGN 1819 Dupont Ave. S Minneapolis, MN 55409 t: 612.226.3063 www.pebl.design STAMP FOR CONSTRUCTION I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that i am a duly licensed Landscape Architect under the laws of the state of Minnesota. SIGNATURE: PRINTED NAME: JONATHAN BLASEG LICENSE NUMBER: 56714 REVISIONS OVERVIEW ISSUANCE: PERMIT SET PROJECT NAME: NELSON-TONKAWA RESIDENCE PROJECT NUMBER: 2302 DATE: 09.26.23 DRAWN BY: JB, JG CHECKED BY: JB SHEET NAME SITE PREP DETAILS SHEET NUMBER G004 MATERIALS SCHEDULE SYMBOL u-u I U-u L-Ui L-02 L-03 L-04 SYMBOL LA-01 ao 0 jo P-05 o U DECKING FUU I tiFiIUUE EDGING EUUINU 01 GATE UA I E HANDRAILS HANUHAIL LIGHTING 5 I AIK LIUH I LED STRIP LIGHTING PATH LIGHT TASK LIGHT LANDSCAPE AMENITIES DESCRIPTION LANDSCAPE BOULDER PAVING HAVING 01 PAVING 02 PAVING 03 PAVING 04 PAVING 05 STAIRS QTY MATERIAL WUUU - I IVIA QTY MATERIAL 173 LF ALUMINUM QTY HEIGHT MATERIAL 4 QTY 21 LF QTY PRODUCT/MODEL 7 TYLER / 3011-27BK 45 LF LED STRIP 8 2 QTY NOTES GLACIAL BOULDER 24-36" DIA; REUSE EXISTING ON SITE QTY MATERIAL 604 SF BITUMINOUS 555 SF INDIANA LIMESTONE PLANKS 1.5" T 729 SF PATTERN PAVING STONE (TBD) 453 SF COMPACTED AGGREGATE; (PRICE P-03 AS ALTERNATE) 120 SF ROCK MULCH DESCRIPTION QTY MATERIAL STAIR 01 14 LF INDIANA LIMESTONE STAIR 02 30 LF INDIANA LIMESTONE STAIR 03 36 LF INDIANA LIMESTONE STAIR 04 33 LF INDIANA LIMESTONE STAIR 05 18 LF INDIANA LIMESTONE WALLS DESCRIPTION QTY HEIGHT WALL 01 - ENTRY 15 LF 42" WALL 02 - FIREPLACE 17 LF 36" WALL 03 - DINING SEATING 13 LF 3' WALL 04 - SCREEN 27 LF 42" WALL 05 - FIRE SEATING 26 LF 16-18" WALL 06 - BOULDER 23 LF WALL 07 - STACKED STONE 21 LF 2' ,,, MATERIALS SCHEDULE V I Scale: NA MEIAL MFR WAC WAC WAC FINISH/COLOR CUT ENDS & BOTTOMS SIZE WIDTH VARIES - 4R 6'W-5R 6'W-6R 5'W-6R 3' W-6R MATERIAL WEB WALL PATTERN WINTER COBBLE WEB WALL PATTERN WINTER COBBLE, MORTARED WEB WALL PATTERN WINTER COBBLE W/ TMA WOOD SEAT WEB WALL PATTERN WINTER COBBLE WEATHERED EDGE BOULDERS W/ WOOD BOX BENCH TOP BOULDER WALL - REBUILT (MATCH EXISTING) STACKED INDIANA LIMESTONE SIZE/LAYOUT 1 ' W X UP TO 6' - STAGGERED LAYOUT Q z o Lo Z CIO Z O� Cj) o 0 J � z LU o � Zo o PEBL DESIGN 1819 Dupont Ave. S Minneapolis, MN 55409 t: 612.226.3063 www.pebl.design STAMP I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that i am a duly licensed Landscape Architect under the laws of the state of Minnesota. SIGNATURE: PRINTED NAME: JONATHAN BLASEG LICENSE NUMBER: 56714 REVISIONS OVERVIEW ISSUANCE: PERMIT SET PROJECT NAME: NELSON-TONKAWA RESIDENCE PROJECT NUMBER: 2302 DATE: 09.26.23 DRAWN BY: JB, JIG CHECKED BY: JB SHEET NAME MATERIALS SCHEDULE SHEET NUMBER L01 0 EXTENTS OF NEW + \GOO' NUMINOUS PAVING g6 ` Sit / 400 0 SITE ORIENTATION O 1 Scale: 1 /8" = 1' - 0" 01 L500 GATE & ENTRY WALL E// GARAGE D� G7 m cn m U) M 03 PROPERTY LINE- 0 956 ` 52 6 � � C ACCESS PATH 95 g53 GARDEN O BRIDGE 10'SETBACK PROPERTY LINE —\ \ 965 960 9 j \ (IIlj 9'� \g113 `10'SETBACK 0 �951 g5� ggo g� 1 �Nol 10 GARDEN \ \ 303 \ STEPS ♦ y56 \ STEPS 2 3 �50 \ ------------ I � 03 \ ` 953 GARDEN \ ` 56 55 O \ STEPS 55 GARDEN O \ ` - 7 56 PATIO PATIO L501 � 954 L502 L502 GARDEN PATIO l FIRE O 02 GRILL L501 0 -� 953 ,-- GARDEN \ g56 957 SCREEN 701 955 g�A 954 953 O O E g35 U r, r, r, SILT FENCE LIMITS OF CONSTRUCTION 95X PROPOSED CONTOUR Q z o (.C) LO Z � Z O� Cl) o 0 J ~ O Lu o ()� Zoo PEBL DESIGN 1819 Dupont Ave. S Minneapolis, MN 55409 t: 612.226.3063 www.pebl.design STAMP FOR CONSTRUCTION I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that i am a duly licensed Landscape Architect under the laws of the state of Minnesota. SIGNATURE: PRINTED NAME: JONATHAN BLASEG LICENSE NUMBER: 56714 REVISIONS OVERVIEW ISSUANCE: PERMIT SET PROJECT NAME: NELSON-TONKAWA RESIDENCE PROJECT NUMBER: 2302 DATE: 09.26.23 DRAWN BY: JB, JIG CHECKED BY: JB SHEET NAME SITE ORIENTATION PLAN SHEET NUMBER Ll 00 a a z O (0 Lo LO Z �Z O� Cj) o 0 J � z W o � ZO O PEBL DESIGN 1819 Dupont Ave. S Minneapolis, MN 55409 t: 612.226.3063 www.pebl.design STAMP FOR CONSTRUCTION I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that i am a duly licensed Landscape Architect under the laws of the state of Minnesota. SIGNATURE: PRINTED NAME: JONATHAN BLASEG LICENSE NUMBER: 56714 REVISIONS OVERVIEW ISSUANCE: PERMIT SET PROJECT NAME: NELSON-TONKAWA RESIDENCE PROJECT NUMBER: 2302 DATE: 09.26.23 DRAWN BY: JB, JG CHECKED BY: JB SHEET NAME LAYOUT PLAN SHEET NUMBER L 1 10 PROPERTY LINE — — — — — — — — ED-01 955 co o00 "00 O0 \�0°0 O0o ° \moo oO�O o ° 0O0o� °� C ° \J°o° GROVE 000c�o° o 0000O�o 0000O�o 000 00\�0 0 o PC o00 moo \o o� a op o�\ P-05 °° 0 000� °° LAWN — — — o \QS�QQod �o_g o odd o ° Qod� o�° oo�NQ 0 0 \8�0 o\$O -000 g°DooO- p nn9 - - - - - - - - - °\ °Oo OobO p ___ - = o� LA-01 ______________ \°\° 5$ P-02 __===-00 W-01 _________-- 95� ST-01 ______- __________________ �� \� ED-01 Cat- _ - _____ _ __________ _ _ GARDEN H-01 L-03 GARDEN _ _______________________ -------------- BRIDGE L-01 - - - - - - - - - - - - - - - - - - - - \ 56 -- / g L-02 \ LA-01 \ P-02 / \ \ GARDEN \ / P-02 IME MATERIALS PLAN 0 4' 8. 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O 1 Scale:3/16" = 1' - 0" 71..' \ \ / +57.8 \ 58.0 \ TW 63. '-F - \ GARDEN L I- -- t57.8 960 5 55 GARDEN 55 6 / 0 451 pg gIk �5� k 5 951 g50 g ` LAWN GAR EN ` LAWN ` 1415 RD N Oo�o 2� 1 1 k�3 • ,,,953 - -1 jLAWN i 5.71 / J - GARDEN 0 56 55— 0 I i 5 54.5 +54.7 5. 57. + 6. 55 0 GARDEN 7. 7 56 55.9 BENCH 54.4 PATIO +54.6 \ \ GARDEN PATIO WALL +57,9 I ---- V 4- 60.6 ( 54. PATIO - -, 63.8 --------- SCREEN 57.8 + GARDEN g56 " 957 955 (PIN 954 54.6 BS + 57.6 tE FIRE +' 5.9 --- ------------- 57.6 57.6 953 GARDEN N ` 953 934 954 N O 953 0 � 22 1 SILT FENCE G004 LIMITS OF CONSTRUCTION 95X PROPOSED CONTOUR a z o (.C) Lo Z � Z O� Cl) o 0 J ~ O LLI o 0� Zoo PEBL DESIGN 1819 Dupont Ave. S Minneapolis, MN 55409 t: 612.226.3063 www.pebl.design STAMP FOR CONSTRUCTION I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that i am a duly licensed Landscape Architect under the laws of the state of Minnesota. SIGNATURE: PRINTED NAME: JONATHAN BLASEG LICENSE NUMBER: 56714 REVISIONS OVERVIEW ISSUANCE: PERMIT SET PROJECT NAME: NELSON-TONKAWA RESIDENCE PROJECT NUMBER: 2302 DATE: 09.26.23 DRAWN BY: JB, JIG CHECKED BY: JB SHEET NAME GRADING PLAN L200 0 gQ o gA �� �� wow �.� w��w � ���w �� w��w w w w� �� gR 6 D� `3 w w w w w w w w w 55w w w w w w w w w w w w w w w w w w w w w w w w w w 52 b1 I' ' I- I ;' ,,, w w w W w w W w w w w w w w w w w W w w w w w w w w w w W w w W w w w w w w •✓ ACCESS PATH 56 ww w wwwwwwwwww\wwwwwwwwww wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww wwwwwwwwwww��'w� I-44Y li' w w w w w w w w w w w w w w w w w w w w w w w w w w w w W w W w w w w pJ�j '\�"\I \I/'"I i '�I .�I '� I� /' Imo; Imo' I�'"I/w w�wwwww wwwww wwwww wwwwwwwww ww w ww GROVE I I', I\ I I', I\ .I', .I-,r .IOle, w � w w w w w W w w W w w w w w�. w w� w w w w w w w� w I I� w w w w� w w� w w w w lI lI w� ','\'l'� I'\ Il'� Ii'\ Il'� Il'�'l'� � l \'l'� Il'\ w - \ /•\/•\ w w w w w w w w w w w w w w w I I I I I I I I I ; 1�0 A,0,pol\ .," I BRIDGE I/ !'/I) !'/I) !'/I) !'/I) !'/I) !'/I) !'/ ! /i, _';/i,_';/I)��yl),!;/I:IIi/I:I'i/I,,';/ \ , w w w w w w w w w w w w w w w w w w w w w w w. w w w w w w w w w O "I / \I ��I j �I /. �I �I /. �I /�\ / , \ '� \ , \ , \ , � w w w w w w\ w w w w w w w w w w I / \I /• w ��I i� "I i� \ /� �I i� �I i� �I i� �I i� \I i� \ • �I i� � /�\ \ `�/, > /. > / w w W w w W w w w w w W w i \ w /� \� w w w w w w m m w w w w w (lJr I� 5 I %!`v�i \ w w � w� www 953 /IAI /ICI /ICI �/vI,ww w w w w w w w w w w Ili I\,Ii/l\\I�i%l\ Ili/l\\I�i% w w �� VI /. 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Q PATIO ' v �, I; vI �• v� w954 w w w w i w PATIO I 1 i FIRE ' w w \i vi 000 000 000 000 000 000 000 000UV I /. \I /. \I /. \I /. \I7'• _ I I_i II I� II' I. ri I,0 o 960 g --- 965 - g56 g5� g6 \ 957 955 954 953 I PLANT SCHEDULE E EVERGREEN TREE CODE BOTANICAL NAME COMMON NAME SIZE QTY oo•a000000000 0 • 0 T2 TREE 02 8' HT. 7 0 0 0011000000e-0 OVERSTORY TREE CODE BOTANICAL NAME COMMON NAME SIZE QTY • T1 TREE 01 3" CAL. 11 GROUND COVERS CODE BOTANICAL NAME COMMON NAME SIZE SPACING QTY TURF 01 TURF SOD SOD 3,419 SF PERENNIALS CODE BOTANICAL NAME COMMON NAME SIZE SPACING QTY P-03 PERENNIAL GROUNDCOVERS 4" 9" O.C. 373 P-02 PERENNIALS MIXED 1 GAL. 18" O.C. 1,116 g35 DETAIL DETAIL DETAIL DETAIL z O Fom (0 Lr) LO Z �Z O� Cj) Ile 0 J � z LU o � ZO O PEBL DESIGN 1819 Dupont Ave. S Minneapolis, MN 55409 t: 612.226.3063 www.pebl.design STAMP FOR CONSTRUCTION I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that i am a duly licensed Landscape Architect under the laws of the state of Minnesota. SIGNATURE: PRINTED NAME: JONATHAN BLASEG LICENSE NUMBER: 56714 REVISIONS OVERVIEW ISSUANCE: PERMIT SET PROJECT NAME: NELSON-TONKAWA RESIDENCE PROJECT NUMBER: 2302 DATE: 09.26.23 DRAWN BY: JB, JIG CHECKED BY: JB SHEET NAME PLANTING PLAN PL ANTING PLAN V I) Scale: 1/8" = 1' - 0" 0 t 8' 16' SHEET NUMBER L300 321" rl r\/A TI PIAI 02 WALL 04 - SCREEN Scale: 1 /2 = 1 - 0 MTKIN III E11�IVal 1\YamW! Yrl\rd-74lki STONE STUCC CONCc WALL REINI FROE FOOL om SECTION - WEST END PROPERTY LINE a a z O (0 Lo LO Z Co Z O� Cl) o 0 J ~ O LLI o ry Zo o PEBL DESIGN 1819 Dupont Ave. S Minneapolis, MN 55409 t: 612.226.3063 www.pebl.design STAMP FOR CONSTRUCTION I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that i am a duly licensed Landscape Architect under the laws of the state of Minnesota. SIGNATURE: PRINTED NAME: JONATHAN BLASEG LICENSE NUMBER: 56714 REVISIONS OVERVIEW ISSUANCE: PERMIT SET PROJECT NAME: NELSON-TONKAWA RESIDENCE PROJECT NUMBER: 2302 DATE: 09.26.23 DRAWN BY: JB, JIG CHECKED BY: JB SHEET NAME SITE DETAILS SHEET NUMBER L501 EXTENTS OF NEW ` \GOO' NUMINOUS PAVING g6 400 �. 0 SITE ORIENTATION O 1 Scale: 1 /8" = 1' - 0" 01 L500 GATE & ENTRY WALL E// GARAGE D� m cn ;a m M 03 ` PROPERTY LINE— O\ 956 ` 52 6 \ � C ACCESS PATH 95 g53 BRIDGE 10'SETBACK PROPERTY LINE `10'SETBACK �9511 45\ 10 GARDEN ` gyp yg3 ` .O \\� STEPS ` \ 1 \ GARDEN 56 55 \ STEPS � 6 % ; �/ , �, , - Boa %, ♦ _ �. PATIO PATIO FIRE .� ,patio space pat o spa&., (solid (dashed • blue) GARDEN C 9 j \ (IIlj 9'� \g113 953 954 / 0 953 E 9p,0 U g35 r, r, r, SILT FENCE LIMITS OF CONSTRUCTION 95X PROPOSED CONTOUR Q z o (0 LO Z Co Z O� Cl) o 0 J ~ O Lu o � Zo o PEBL DESIGN 1819 Dupont Ave. S Minneapolis, MN 55409 t: 612.226.3063 www.pebl.design STAMP FOR CONSTRUCTION I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that i am a duly licensed Landscape Architect under the laws of the state of Minnesota. SIGNATURE: PRINTED NAME: JONATHAN BLASEG LICENSE NUMBER: 56714 REVISIONS OVERVIEW ISSUANCE: PERMIT SET PROJECT NAME: NELSON-TONKAWA RESIDENCE PROJECT NUMBER: 2302 DATE: 09.26.23 DRAWN BY: JB, JIG CHECKED BY: JB SHEET NAME SITE ORIENTATION PLAN SHEET NUMBER Ll 00 City of Orono Hardcover Calculation Worksheet Property Address: 980 Tonkawa Road SH-- Prepared By: Sathre-Bergquist Date: 9/25/2023 SB Job Number: 99200-002 Prepared By: JPR Stormwater Quality Overlay District Tier: (Circle One) Tier 1 Tier 2 Tier 3 Tier 4 Tier 5 Step 1: 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') (720 S.F.) A EXISTING HOUSE 3,245 S.F. B BITUMINOUS AREA 5,215 S.F. C CONCRETE AREA 27 S.F. D DECK 280 S.F. E PAVERS 1,267 S.F. F RETAINING WALL 1,018 S.F. G GRAVEL 1,494 S.F. H S.F. I S.F. J S.F. K S.F. L S.F. M S.F. N S.F. 0 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 12546 S.F. Excludable Hardcover (See City Code Sec 78-1684): RETAINING WALL 1018 S.F. FIRST 100 S.F. OF PAVERS 100 S.F. DECKING STAIRS WITHIN OHWL SETBACK 255 S.F. S.F. S.F. (2) Total Excludable Hardcover 1373 S.F. (3) Net Proposed Hardcover [Subtract line (2) from line (1)] 11173 S.F. (4) Total Lot Area 74496 S.F. Proposed Hardcover Percentage [(3)+(4)] 15.00% % This is an information packet regarding Hardcover. Every effort has been made to insure the accuracy of the information contrained herein; however, if any information is not consistent with City Code, the Code provisions will prevail. �oNo a s F �A kEstjo City of Orono Hardcover Calculation Worksheet Property AddrEss: 980 TONKAWA RD Prepared by: PEBL DESIGN Date: 9/26/23 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 site plan or 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 within the 75-foot setback or split at the 75' setback line and calculate hardcover square footage separately for each portion. Key to Survey(Square Hardcover Item (Describe) Length x Width Total Feet) (Example) (Garage) (24' x 30') (720 S.F.) A EXISTING HOUSE 3,245 S.F. B BITUMINOUS AREA 5,215 S.F. C CONCRETE AREA 27 S.F. D IDECK 280 S.F. E TO BE REMOVED F RETAINING WALL 1,018 S.F. G GRAVEL 404 SF REMOVED 1,090 S.F. H NEW STEPS IN 75' SETBACK 36 S.F. I NEW STEPS 111 S.F. i NEW PAVING 1,890 S.F. K NEW AGGREGATE 453 S.F. L FREESTANDING WALLS 60 S.F. M NEW RETAINING WALL 93 S.F. N INEW FIRE FEATURE 28 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. (1) Total Proposed Hardcover 13,546 S.F. Excludable Hardcover (See City Code Sec 78-1684): EXISTING RETAINING WALLS 1,018 S.F. NEW RETAINING WALL 93 S.F. FIRST 100 SF PAVERS 100 S.F. DECKING/STAIRS MIN OHWL SETBACK 255 S.F. (2) Total Excludable Hardcover 1,466 S.F. (3) Net Proposed Hardcover [Subtract line (2) from line (1)] 12,080 S.F. (4) Total Lot Area 74,496 S.F. Proposed Hardcover Percentage [ (3) _ (4) ] 16.2 % Last Updated: July 2023 Note: This is an information sheet only, every effort has been made to ensure 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. PC Exhibit F 10 Ir iYA ,� �� `�� •err �� � j -•-. n � . , � �. • d �, • • �s `�' a _ - �, F ice` y`• 'i'• � •' ��� � # -•i • {ir1� _ nor-- - rrF�.]�""� • - x. �+. •{Cr �=+ �* � .� ., ��va + �� � ,�y - ♦ - % . 1"� _.r r • r�-R �,�• - - p»�: •�._ - �1� �1 y rrr`y .. ,#�` i�fyy r i+ , .:.;� �'.,'� h .r.i �• ' •... ,� rP .� r-{ ti�Yr -n _ ,, fT - . •,: + �'^ F'�.^s - -- 3 - i'—fir_ 980 Tonkawa Rd 09.29.23 71 ji. . Via•._. .;.s- .. ,�� ' � ,i n ^�-. 1 vegetation to be -replaced - 'P VP1 000 T _.1onkawa' y vegetation to remain 980 Tonkawa rc. 980 Tonkawa Rd Orono, MN 55356 I am writing to formally submit an application for a variance to install a 6-foot tall screen wall along the property line of 980 Tonkawa Rd, within the City of Orono, Minnesota. This request seeks to deviate from the established 42-inch height limit outlined in the Average Lakeshore Setback ordinance. I would like to present a comprehensive case outlining how this variance is not only in compliance with the general intent and purpose of the ordinance but also demonstrates practical difficulties unique to the property, ensuring that it will not alter the essential character of the locality. PC Exhibit H ADJACENT PROPERTY OWNERS' ACKNOWLEDGEMENT FORM I (we) 1 61 r 4 L 9^1toa J of T 0 Log/lam/ Q r0 10 JL1 �V [print name(s)] [print address] TT have reviewed the plans for the proposed improvement or proposed use of the property located at also referred to as Land Use Application No. G � I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. 9 2 7—11 3 Property OwnV Date Property Owner Date If you have any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building & Zoning Office at least 10 days prior to the scheduled meeting date. rr,trY.r•.•.:rr+rriR*rrrr,trr,rrrr*xr�erxrr.a.r.i+:rs:r:tt�;3*�,r�rr,�wr,rrrrr►:r:.r:x:�,rxtrir:ttrr,�,�x*rxrrrr,�r,etYrr.*ti:x*rtt�r��rrrrae�* ADJACENT PROPERTY OWNERS' ACKNOWLEDGEMENT FORM I(we) of_%4Dy ink,--,LlE; %caP [Print name(s)] — [print address] have reviewed the plans for the proposed improvement or proposed use of the property located at A00 %r' d /tea: also referred to as Land Use Application No. r '- �40O,5g t (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. r-7/� Property Owner Date Property Owner Date 1/z U �0 If you have any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building & Zoning Office at least 10 days prior to the scheduled meeting date. Adjacent Property Owner Form — January 2023 RUN DATE: 09/21/2023 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM (PROPERTY OWNERS LIST) PAGE: 1 38 08-117-23 12 0001 38 08-117-23 13 0015 38 08-117-23 24 0005 NELSON UNITED LLC D C BREMER & C A BREMER MARK D & JULIE A PARTEN 980 TONKAWA RD 1030 TONKAWA RD 38 ADDRESS UNASSIGNED ORONO MN 55356 ORONO MN 55356 ORONO MN 00000 NELSON UNITED LLC DENNIS C BREMER MARK D & JULIE A PARTEN 701 CARLSON PKWY #1200 CYNTHIA A BREMER 1015 TONKAWA RD MINNETONKA MN 55305 1030 TONKAWA RD ORONO MN 55356 ORONO MN 55356 38 08-117-23 12 0002 38 08-117-23 13 0019 M LAMPAT & G NEGRETE-LAMPAT DIELAN LLC 970 TONKAWA RD 1060 TONKAWA RD ORONO MN 55356 ORONO MN 55356 MARK LAMPAT DIELAN LLC GLADYS NEGRETE-LAMPAT C/O COL FAMILY OFFICE SRVS 970 TONKAWA RD 505 S FLAGLER DR SUITE 900 LONG LAKE MN 55356 WEST PALM BEACH FL 33401 38 08-117-23 12 0003 38 08-117-23 210013 STEVEN B LIEFSCHULTZ ET AL D J BILDERBEEK/D J B PADGETT 960 TONKAWA RD 935 TONKAWA RD ORONO MN 55356 ORONO MN 55356 STEVEN & DEANN LIEFSCHULTZ DERRICK JAN BILDERBEEK 960 TONKAWA RD DYAN JEAN BILDERBEEK PADGETT LONG LAKE MN 55356 935 TONKAWA RD LONG LAKE MN 55356 38 08-117-23 12 0004 38 08-117-23 210014 STEVEN B LIEFSCHULTZ ET AL R E SCHUMER & J M FLORESTANO 38 ADDRESS UNASSIGNED 955 TONKAWA RD ORONO MN 00000 ORONO MN 55356 STEVEN & DEANN LIEFSCHULTZ RUSSELL E SCHUMER 960 TONKAWA RD JUDITH M FLORESTANO LONG LAKE MN 55356 955 TONKAWA RD LONG LAKE MN 55356 38 08-117-23 12 0005 38 08-117-23 210015 R J HOFFMAN ETAL D J LUNDQUIST TRUST 1000 TONKAWA RD 975 TONKAWA RD ORONO MN 55356 ORONO MN 55356 RAYMOND J HOFFMAN D J LUNDQUIST TRUST 1000 TONKAWA RD 6277 NORTH OCEAN BLVD LONG LAKE MN 55356 OCEAN RIDGE FL 33435 38 08-117-23 12 0006 38 08-117-23 210016 BRUCE & MARY ENGELSMA GABRIEL JABBOUR TRUST 990 PARTENWOOD RD 985 TONKAWA RD ORONO MN 55356 ORONO MN 55356 BRUCE & MARY ENGELSMA GABRIEL JABBOUR 990 PARTENWOOD RD 985 TONKAWA RD LONG LAKE MN 55356 LONG LAKE MN 55356 38 08-117-23 13 0001 38 08-117-23 210017 JAMES P BEBO JASON BEUMER/HEATHER BEUMER 1065 TONKAWA RD 960 PARTENWOOD RD ORONO MN 55356 ORONO MN 55356 JAMES P BEBO JASON BEUMER/HEATHER BEUMER 1065 TONKAWA RD 960 PARTENWOOD RD LONG LAKE MN 55356 LONG LAKE MN 55356 38 08-117-23 13 0002 38 08-117-23 24 0002 B A TILZER & L R VALENSI MARK D PARTEN/JULIE A PARTEN 1075 TONKAWA RD 1015 TONKAWA RD ORONO MN 55356 ORONO MN 55356 BRIAN A TILZER MARK D & JULIE A PARTEN LISA R VALENSI 1015 TONKAWA RD 1075 TONKAWA RD LONG LAKE MN 55356 LONG LAKE MN 55356 38 08-117-23 13 0013 38 08-117-23 24 0003 W C& M F PARTYKA LIV TRUST H R NEESON & A L MESSINA 1040 TONKAWA RD 1025 TONKAWA RD ORONO MN 55356 ORONO MN 55356 WILLIAM CRAIG PARTYKA HUGH NEESON & ANDREA MESSINA MARIANNE FRANCES PARTYKA 1025 TONKAWA RD 1040 TONKAWA RD LONG LAKE MN 55356 LONG LAKE MN 55356 38 08-117-23 13 0014 38 08-117-23 24 0004 F G BURKE & R M BURKE SHARI L BALLARD REV TRUST 1020 TONKAWA RD 1035 TONKAWA RD ORONO MN 55356 ORONO MN 55356 FORREST G BURKE SHARI BALLARD RENEE M BURKE MARIANNE BARNETT 1020 TONKAWA RD 1035 TONKAWA RD ORONO MN 55356 LONG LAKE MN 55356 Hennepin County has developed electronic forms of certain property information databases. Hennepin County makes reasonable efforts to produce and publish the most current property information available. The viewer should understand, however, that Hennepin County makes no representation or warranties, either express or implied, or as to merchantability or fitness for a particular purpose regarding the accuracy and/or completeness of the information contained herein. Hennepin Hennepin County Locate & Notify Map Date: 9/21 /2023 Buffer Size: 500 0 100 200 400 Feet Map Comments: I I I I I I I i 1 980 Tonkawa Rd This data (i) is furnished 'AS IS' with no representation as to completeness or accuracy; (ii) is furnished with no warranty of any kind; and (iii) is notsuitable for legal, engineering or surveying purposes. Hennepin County shall not be liable for any damage, injury or loss resulting from this data. For more information, contact Hennepin County GIS Office 300 6th Street South, Minneapolis, MN 55487 /gis.info@hennepin.us To: Chair Bollis and Planning Commission Members Adam Edwards, City Administrator From: Laura Oakden, Community Development Director Date: October 16, 2023 Subject: #LA23-000054, City of Orono Text Amendment: Retaining walls within the Shore Setback Zone- Public Hearing Application Summary: The City of Orono is proposing an ordinance amendment that will allow limited use of retaining walls within the Shore Setback Zone. Staff Recommendation: Planning Department Staff recommends approval of the draft as written. Background The City Council processes many variances for retaining wall within the lakeshore setback every year. The Council directed staff to review the current regulations relating to retaining walls and determine of if any amendments to the City Code should be considered. City Staff presented information to the Council at the April 24, 2023 and May 19,2023 work sessions which included general background information, examples of different types of walls and wall construction, guidance from the Comprehensive Plan, DNR and other lake area communities. See Exhibits B and C. Currently, the City Code prohibits retaining walls within the shore setback of protected waters. The shore setback varies based on the classification of the protected water; the required shore setback for Lake Minnetonka is 75-feet. The strict prohibition presents multiple challenges for residents who are working to repair or replace failing walls or to address erosion issues. The current regulations do not provide any guidance for best practices regarding material, methods, or screening of walls. Staff recommends the Council amend the City Code to create an administrative process and a conditional use permit process to permit retaining walls within the shore setback on properties with specific conditions. Additionally, clarification to the definition of retaining walls and elimination of redundancy within the City Code will be achieved with the proposed ordinance. Proposed Language: • ADMINISTRATIVE PERMIT: A Staff -issued Zoning Permit for retaining walls must meet the following: o Replacement Walls: Must be under 4 feet in height, have a documented failure of the existing wall, and the replacement wall must be in the same general location and height of the existing wall. o New Walls: Must be an integral part of an allowed lake access stair. • CONDITIONAL USE PERMIT: A Conditional Use Permit (CUP) for any wall not meeting the administrative approval standards including: LA22-000023 October 17, 2022 Page 2 of 2 o Replacement walls 4-feet in height or greater; and/or o Any walls proposed within the defined Bluff slope; and/or o Any new wall proposed that is not part of a lake stair ■ Conditions for approval: In order to obtain a CUP the following criteria must be met. A wall must be: i. Designed to correct an established erosion problem; and ii. Suitable given the demonstrated need; and iii. Designed by a registered engineer or landscape architect, depending on project scope; and iv. Designed to be the minimum size necessary to control the erosion problem. Department of Natural Resources (DNR) Review The proposed amendment is within the Shoreland Overlay District and requires approval by the DNR of any amendments. Staff worked with the City's designated DNR Area Hydrologist and has received conditional approval on the draft language, Exhibit D. The DNR recommended additional criteria that must be met in order to obtain a conditional use permit for new and replacement walls. The DNR comments are reflected in the proposed language. Once the ordinance is formally adopted by the City Council, the DNR will conduct a final review of the adopted ordinance. Public Comments To date, no public comments have been received. Issues for Consideration 1. Are there any issues or concerns with this proposal? Planning Staff Recommendation Planning Staff recommends approval of the amendment as drafted. List of Exhibits Exhibit A. Draft Ordinance Exhibit B. DNR Conditional Approval Exhibit C. City Council Work Session Packet 4.24.2023 Exhibit D. City Council Work Session Packet 5.19.2023 ORDINANCE NO. , THIRD SERIES CITY OF ORONO HENNEPIN COUNTY, MINNESOTA AN ORDINANCE AMENDING THE CODE OF ORDINANCES PERTAINING TO RETAINING WALLS THE CITY COUNCIL OF ORONO ORDAINS: SECTION 1. Chapter 78, Section 1, Definitions shall be amended by removing the strikethrough text and adding the underlined text: Retaining wall means a wall or simil structure designed and constr„ to hold back and prevent lateral movement of earth ^r other -'ands^.,, ing materials. Two or more abutting boulders, 24 inches in diameter or greater, placed to hold back the earth are considered to be a retaining_ wall. Landscape edging, less than 6 inches tall, is not considered a retaining wall. SECTION 2. Chapter 78, Section 566. Accessory Uses. shall be amended by removing the strikethrough text and adding the underlined text: Nil (4-413) Home occupations, as defined in this chapter. All home occupations shall comply with the provisions of section 78-1376, and the licensing provisions of section 26-76, when applicable. (4-514) New boathouses within 75 feet of the shoreline are specifically prohibited. SECTION 3. Chapter 78, Section 1279. Placement of buildings and structures on lots shall be amended by removing the strikethrough text and adding the underlined text: (5) Fences, docks, retaining walls. No fence shall be placed within the Shore Setback zone. Portions of dock located landward of the OHWL shall be considered as a landing, subject to the regulations for landings per section 78-1282. Retaining walls shall not be laeedwithin the Shore Setbaek zenet. within the Shore Setback zone may be permitted according to the following_ a) A retaining wall may be constructed within the shore setback zone if it is an integral part of a permitted lake access stair and the retaining wall is designed to be the minimum size necessary. b) A replacement retaining wall, includingachange in material, may be permitted within the shore setback zone when all of the following conditions are met: 1. The wall is under 4 feet in height, and in the same location, and 2. The existing wall shows signs of failure. c) A wall within a defined bluff and bluff setback; and/or a replacement wall 4 feet in height or greater; and/or any new walls shall require a conditional use permit. New walls and replacement walls greater than 4 feet in height must meet the following conditions. The wall must be: 1. Designed to correct an established erosion problem; and 2. Suitable given the demonstrated need; and 3. Designed by a registered engineer or landscape architect, depending on project scope; and 4. Designed to be the minimum size necessary to control the erosion problem. SECTION 4. EFFECTIVE DATE: This ordinance shall take effect immediately upon its passage and publication. ADOPTED this day of , 2023 on a vote of ayes and nays by the City Council of Orono, Minnesota. ATTEST: City Clerk Dennis Walsh, Mayor Ordinance published in The Laker and The Pioneer newspapers the week of 2023. DEPARTMENT OF NATURAL RESOURCES Region 3 Headquarters 1200 Warner Road St. Paul, MN 10/3/2023 Laura Oakden Community Development Director City of Orono 2750 Kelley Parkway Orono, MN 55356 Re: Conditional Approval of City of Orono Shoreland Ordinance Amendment Dear Ms. Oakden: Thank you for sending your proposed shoreland ordinance amendment to the DNR for conditional approval review. I am pleased to inform you that the proposed amendment is substantially compliant with the statewide rules and is hereby approved, provided all the conditions of approval in this letter are met. Ordinance Evaluation We have reviewed the following sections that you propose to amend in your draft ordinance received on 9/15/2023 for compliance with state shoreland rules (MR 6120.2500 — 6120.3900). Our conditional approval only applies to the specific sections listed below. • Chapter 78, Section 1 • Chapter 78, Section 566 • Chapter 78, 1279 Attached is the proposed amendment with my comments, color -coded as follows: Red Comments. I have edited your proposed amendments to achieve compliance given my understanding of what you are trying to achieve. These edits reflect our discussion on 9/27/2023. Conditions of Approval The following conditions must be met before the DNR will issue final approval. 1. Include the "red" text inserted in the attached draft ordinance. 2. Return the attached "Ordinance Processing Checklist" and documents identified on the checklist. Next Steps Following are the steps for completing and receiving final DNR approval for your amendment: 1. Revise the amendment based on the conditions listed above under conditional approval. 2. The city council adopts the amendment revised according to the listed conditions. 3. Email the completed Ordinance Processing Checklist (attached) and the documents identified on the checklist within 10 days of city council adoption to: a. Wes Saunders -Pearce wes.saunders-Pearce@state.mn.us b. Ordinance.review.dnr@state.mn.us 4. We will review the amendment adopted by the city council for consistency with the above conditions. If the adopted amendments are consistent with the conditions, I will send you a "final approval" letter. State rules require DNR final approval of shoreland ordinances and amendments for those ordinances to be effective. A shoreland ordinance is an important land use regulation tool that helps to protect surface water quality, near shore habitat, and shoreland aesthetics of Minnesota's public waters. We appreciate your efforts to protect these resources for all present and future Minnesotans. Wes Saunders -Pearce is available to assist with ordinance technical guidance and to consult with you on other land and water - related projects. Sincerely, 0-, Dan Lais Central Region Manager I Ecological and Water Resource Division Attachments: Proposed Ordinance with DNR comments Ordinance Processing Checklist Wes Saunders -Pearce, DNR Area Hydrologist Ordinance.review.dnr@state.mn.us ORDINANCE NO. _, THIRD SERIES CITY OF ORONO HENNEPIN COUNTY, MINNESOTA AN ORDINANCE AMENDING THE CODE OF ORDINANCES PERTAINING TO ON -SITE SEWAGE DISPOSAL THE CITY COUNCIL OF ORONO ORDAINS: SECTION 1. Chapter 78, Section 1 Definitions shall be amended by adding the underlined text: Retaining wall means a wall or similar structure designed and constructed to hold back and prevent lateral movement of earth or other landscaping materials, including two or more boulders. SECTION 2. Chapter 78, Section 566. Accessory Uses. shall be amended by removing the strikethrough text and adding the underlined text: (1413) Home occupations, as defined in this chapter. All home occupations shall comply with the provisions of section 78-1376, and the licensing provisions of section 26-76, when applicable. (4-514) New boathouses within 75 feet of the shoreline are specifically prohibited. SECTION 3. Chapter 78, Section 1279. Placement of buildings and structures on lots shall be amended by removing the strikethrough text and adding the underlined text: (5) Fences, docks, retaining walls. No fence shall be placed within the Shore Setback zone. Portions of dock located landward of the OHWL shall be considered as a landing, subject to the regulations for landings per section 78-1282. Retaining walls shall not be within the Shore Setback zone may be permitted subject to the following_ a) New retaining wall may be constructed within the shore setback zone if it is an integral part of a permitted lake access stair and the retaining wall is designed to be the minimum size necessary. b) Replacement of retaining walls, including age in material, may be permitted within the shore setback zone when all of the following conditions are met: 1. The wall is under 4 feet in height in the same location 2. The existing wall shows signs of failure c) A conditional use permit shall be required for retaining walls subject to the following. 1. All walls within a defined bluff and bluff setback; and/or 2. Replacement walls 4 feet in height _ or greater; and/or 3. Any new wall; 4. New and replacement walls must be: i. Designed to correct an established erosion problem ii. Suitable given the demonstrated need iii. Designed by a registered engineer or landscape architect, depending on project scope iv. Designed to be the minimum size necessary to control the erosion rop blem SECTION 4. EFFECTIVE DATE: This ordinance shall take effect immediately upon its passage and publication. ADOPTED this day of , 2023 on a vote of _ ayes and _ nays by the City Council of Orono, Minnesota. ATTEST: Anna Carlson, City Clerk Dennis Walsh, Mayor Ordinance published in The Laker and The Pioneer newspapers the week of 12023. Gam/ Retaining Walls within the Lakeshore Setback City Council Worksession April 24, 2023 Orono City Code • Shoreland Overlay District • 78-1279 (5): Fences, docks, retaining walls. No fence shall be placed within the Shore Setback zone. Portions of dock located landward of the OHWL shall be considered as a landing, subject to the regulations for landings per section 78-1282. Retaining walls shall not be placed within the Shore Setback zone. • Definitions: • 78-1 In -kind, when used in the context of replacement of a non -conforming building or structure, means the replacement of a building or structure completely within the limits (location, height, width, and depth) of the previous building or structure. Implementation • New walls and/or expansions are not permitted. • In -Kind replacements are permitted with a zoning or building permit. • Variance must be obtained in order to construct new walls and/or expansions Issues • The City Code prohibits retaining walls within the lakeshore setback. • The ability to reconstruct existing infrastructure is extremely limited. • Best practices for protecting slopes and prevention of erosion control may call for different methods or types of walls. Comprehensive Plan: Chapter 3: Environmental Protect Plan Natural Resource Management Policies: • Protect lake resources to allow reasonable access, use and enjoyment while preventing overcrowding and excessive encroachment. • Lake shorelines will be protected from alteration. • Retention of natural vegetation will limit the impact of urbanization as visible from the lake. Retaining Wall Construction and Impacts • Properly constructed retaining walls require disturbance of the slope being protected • There is more to a retaining wall than what you see from the front or top of a finished wall. Simplified explanation of typical retaining walls Gravity wall Earth pressure vector piling wall Earth pressure vector Cantilever wall Earth pressure vector Anchored wall Earth pressure vector Gravity vector (of wall) Gravity vector (of wall) Gravity vector (of wall) Gravity vector (of wall) Reactive force vector (not all shown) Reactive force vector �����(not all shown) Reactive force vector �%�777%7177%/ (not all shown) Reactive force vector 7��777�77(not all shown) Standard wail type that holds the earth mainly through its own weight. Can pivot and topple relatively easily, as the Using long piles, this wall is fixed by soil on both sides of its lower length. If the piles themselves can resist the bending The cantilever wall (which may also extend in the other direction) uses the same earth pressure trying to This wall keeps itself from toppling by having cables driven into the soil or rock, fixed by expanding anchors internal leverage of the earth pressure is very high. forces, this wall can take high loads. topple it to stabilize itself with a second lever arm (can be combined with other types of walls), komelfia t4" Timber Retaining Walls q 8-FT DUDMAN. Tye.-/ 4 -a 2 Q„ ccess roa - — 8—FT OEADNAh. -YP — — �d")(S/n 4 -0 4 -�' LL IMPERVIOUS a -FT DEAOMAN, rP./ \TIMBER TIEBACK, 7'-0" Y DEADMAN, TYP. 12" THICK, M NAGE _I_I AGGR EGA i.- REINFORCED BAC �4 -d COMPACTED 85% OF MAXI 4•_a�• STANDARD PROCTOR DENSITY �4 -0 E-FT DEADMAN, TYR. — 4" DRAINTILE OUTLET AT 30' D.C. AND ENDS OF WALL 4 J3-FT DLADMAN, 7YR. 33 Feet —0" FINISHED G E ' MIN. EM ENT 8-FT ULADMAN, TYR./ 6' X 18' GRANU 31 Feet LEVELING PAD, TYP. 47 Feet 3' - 0" Block Retaining Walls 8"LOW PERMEABLE SOIL- 4'ANCHOR CAP UNIT LI, - 9i5.24 8"DtAMONDPRO UNIT 24'MIN UNIT COREFILL (I' CRUSHED STONE) 13.00' 7, FINISHED GRADE L I% MIN F1 -96125-1 6'X 24'UNREINFORCED CONCRETE OR CRUSHED STONE LEVELING PAD — DETAIL SHEET 4.00 / NCMETE PATIO AGGREGATE \711.FDESIGNED BY OTHERS "49 :'l—vm 's INFORCFDRAC' CFILL �TI NFDSOILE 'S AP PROXIMATE LIMIT OF EXCAVATION STRATA SC zoo TRAT SSE NOTE 3 0 T)"NFIK (SFF- NOTE 6) REINFORCED WALL SECTION A - A (WALL I SECTION SHOWN AT STA 67) Boulder Retaining Walls rnisrfin F'ROFQSED Bi-N-=DES WALLS UD TO IC -FOOT WALL SECTION $ (SCALE 3l8"= , DNR Shoreland Regulations • The DNR's Current Model Shoreland Ordinance (04/28/22) lists retaining walls as permitted within the shore impact zone provided that the walls are: • Used only to correct a documented erosion problem (not aesthetic); • Wall height and length are the minimum necessary to correct the erosion problem (and not higher than 4 feet or longer than 10 feet unless the "zoning administrator" determines the larger wall to be necessary); and • The walls are screened by vegetation to be not visible from the lake. DNR-Higher Standard Alternatives: • Tiered permitting for new walls: • Administrative Permit* 4 walls are at least 50-feet from the OHWL; and less than 3 feet high, less than 25 feet in length; and on a slope less than 12%. • Conditional Use Permit* 4 walls <50 feet from the OHWL; or over 3 feet high & over 25 feet in length; or on slopes greater than 12% • Administrative approval for expansion of non -conforming structures (i.e. walls) not meeting OHWL setbacks, if: • The wall is more than 50 feet from the OHWL; and • Overall site hardcover is met/conforming; and • Property owner agrees to restoration/establishment of a riparian buffer for 80% of shoreline width with a minimum depth of 10 feet to include trees, shrubs, and natural ground cover. • Additional information: • Individual boulders >30" diameter are considered a retaining wall. • Vegetative screening is required for all walls. *Engineered plans may be required. Retaining Wall- Lake Community Input City Are Retaining Walls allowed within Descriptions Lakeshore? Minnetrista Yes, with conditions Allowed within shore setback (75') if 4' in height or less; Not allowed in steep slope or bluff; Nothing allowed within 10' of OHWL Deephaven/ Yes Allowed in shore setback. Not allowed in Bluff Impact Zone. Woodhaven Greenwood Yes, with conditions Not allowed within the 50' Setback from OHWL, a CUP required for walls within the 50' Shore setback. Retaining walls not allowed in Bluff Impact Zone. Tonka Bay Yes Allowed Minnetonka No Not allowed within 75' setbacks. Beach Shorewood Yes, with conditions Retaining Walls are allowed only for erosion issues not for accessory improvements (Patios/beaches). Mound Yes Retaining Walls are allowed in shore setback (50') but are not allowed in bluff. Recommendation • Staff has identified issues with the implementation of the current City Code and its limitations pertaining to the reconstruction of the existing walls. • Additional research is needed to develop best practices to protect the lakeshore from erosion and to align the City Code with DNR standards. Next Steps • Staff will research and develop draft language as a proposed text amendment. - �}� 5 ��k,p S H 0�� Retaining Walls within the Lakeshore Setback (Continued) City Council Work Session May 22, 2023 Definition: Retaining wall means a wall or similar structure designed and constructed to hold back and prevent lateral movement of earth or other landscaping materials. Current City Code • Retaining walls shall not be placed within the Shore Setback zone. Current Implementation • In -Kind (nonconforming code section) replacements are permitted with a zoning or building permit. In -kind definition: means the replacement of a building or structure completely within the limits (location, height, width, and depth) of the previous building or structure • New walls and/or wall changes &expansions are not permitted. Currently, new walls require variance approval. Current Challenges • No guidance within the Code for construction methods, materials, or performance standards • A change in material may result in a new expansion (i.e. new tiebacks, dead men, anchors, or changes due to boulder sizing) • Current Code offers no ability to permit supporting boulders or low wall, for lake access stairs, which retain soil, i.e. • Current code does not permit a comprehensive response to catastrophic slope failures — requires approval of After -The -Fact variance after stabilization. • Variance required for every wall - property owner must prove practical difficulty • Defining boulder walls/ boulder outcroppings/ landscape edging ywin RECOMMENDATION 1. Replace the current system (prohibition +variances) 2. Amend the Code to define two options for permitting retaining walls (new and replacement) in lake yards as a permitted accessory use or as a conditional use depending on the situation, as follows: ❑Administrative Zoning permit 4 limited approvals by Staff ❑Conditional Use Permit + Building Permit --> PC + Council review with Public Hearing and clearly defined conditions for approval OPTIONS FOR PERMITTING WITHIN THE LAKEYARD • ADMINISTRATIVE PERMIT (Staff -issued zoning permit) for retaining walls must meet the following: ❑Replacement Walls: ■ Under 4 feet in height; and ■ Documented failure of the existing wall; and ■ The proposed replacement is in the same general location and height of the existing wall. ❑ New Walls: ■ Be an integral part of an allowed lake yard accessory structure (e.g. lake access stairs) • CONDITIONAL USE PERMIT for any wall not meeting the administrative standards ❑Demonstrable failure and/or erosion control problem; and/or ❑Replacement walls 4-feet in height or greater; and/or ❑Any walls proposed within the defined Bluff slope; and/or ❑Any new wall proposed that is not part of a lake stair *Additional conditions may be added as necessary by PC, Council, or Staff (e.g. access or method of construction) REQUIREMENTS FOR ALL PERMTS ❑Site Plan and Elevation Plans ❑Plans that include method and material necessary for construction ❑Sediment/ erosion control plan ❑Landscape Plan depicting vegetative screening to cover at least 80% of wall(s) as viewed from the lake ❑Plans approved by a licensed professional engineer required for walls 4 feet or taller per MN State Building Code Next Steps • Provide guidance on the proposed recommendation for allowing an administrative and conditional use permit City Code amendment • Review the proposed requirements for each type of permit • Direct staff to draft proposed ordinance language based on your recommendation.