HomeMy WebLinkAboutResolution 7417 Variance 2795 Shadywoodr
Existing Certs
1506111
11111111111111111111111111111111111111
LAND TYPE Torrens (T)
DOC NUM 6052510
Certified, filed and/or recorded on
Dec 21, 2023 12:32 PM
Office of the Registrar of Titles
Hennepin County, Minnesota
Amber Bougie, Registrar of Titles
Daniel Rogan, County Auditor and Treasurer
Deputy 87 Pkg I D 2632091 E
Document Recording Fee $46.00
Document Total
$46.00
This cover sheet is now a permanent part of the recorded document.
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO.7417
A RESOLUTION
APPROVING VARIANCES FROM
MUNICIPAL ZONING CODE SECTIONS 78-330; 78-1279; AND 78-1680
AND
A CONDITIONAL USE PERMIT PURSUANT TO
SECTION 78-1125
FILE NO. LA23-000051
WHEREAS, on August 23, 2023, on behalf of Erik and Marissa Winegarden (hereinafter
the "Owners"), Keplinger & Keranen Builders Inc., (hereinafter the "Applicant"), applied for
variances from the City Code for the property addressed 2795 Shadywood Road and legally
described as:
Tract A and Tract B, RLS No. 500, Hennepin County, Minnesota (hereinafter the
"Property");
WHEREAS, the Applicant has made application to the City of Orono for a variance to
Orono Municipal Zoning Code Section 78-330 to allow development of a nonconforming lot with
33,042 square feet in area where 43,560 square feet is required; and 137 feet at the lake on the
west side where 140-feet is required; and
WHEREAS, the Applicant has made application to the City of Orono for a variance to
Orono Municipal Zoning Code Section 78-1279 to allow construction of a new home 13.5 feet
from the Narrows Channel and 71 feet from the lake where a 75-foot setback is required; and
WHEREAS, the Applicant has made application to the City of Orono for a variance to
Orono Municipal Zoning Code Section 78-1279 to allow construction of a lake side deck 71 feet
from the lake which encroaches 6.5 feet lakeward of the average lakeshore setback line; and
WHEREAS, the Applicant has made application to the City of Orono for a variance to
Orono Municipal Zoning Code Section 78-1680 to allow 4,587 square feet of hardcover within
the 75-foot setback where no hardcover is permitted and 5,166 square feet currently exists in
conjunction with redevelopment of the property; and
WHEREAS, the Applicant has made application to the City of Orono for a conditional
use permit (hereinafter a "CUP") pursuant to Orono Municipal Zoning Code Section 78-1125 to
allow flexibility on the sides of the home from the required 15-foot rescue elevation bench due to
the Property's narrow width, according to the approved plans; and
WHEREAS, on October 16, 2023, after published and mailed notice in accordance with
Minnesota Statutes and the City Code, the Planning Commission held a public hearing, at which
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO.7417
SHO
time all persons desiring to be heard concerning this application were given the opportunity to
speak thereon; and
WHEREAS, on October 16, 2023, the Planning Commission recommended approval of
the application as applied including the variances and CUP; and
WHEREAS, on October 23, 2023 the City Council reviewed the application and the
recommendations of the Planning Commission and City staff and directed staff to draft a
resolution reflecting their decision to approve the project as applied with the exception of the
increased roof height shown on the proposed porch along the channel; and
WHEREAS, on November 6, 2023, the Applicant provided revised plans with a new porch
roofline for consideration; and
WHEREAS, on November 13, 2023 the City Council reviewed the revised application
and the recommendations of staff; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota
hereby approves the requested variances as described above based the revised plans and on
one or more of the following findings of fact concerning the Property:
FINDINGS OF FACT:
Al. The analysis contained within staff memos and the exhibits attached to the aforesaid
memos, all minutes from the above -mentioned meetings, and any and all other materials
distributed at these meetings are hereby incorporated by reference.
A2. The Property is located in the LR-1 B, Single Family Lakeshore Residential Zoning
District.
A3. The Property contains 0.75 acres in area and has a defined lot width of 137 feet.
A4. The Property is within Tier 1 and hardcover is limited to 25% according to the
Stormwater Quality Overlay District.
A5. Applicant has requested the following approvals:
a. Lot Width Variance
b. Lot Area Variance
c. 75-foot Lake Setback Variance
d. Average Lakeshore Setback
e. Variance for Hardcover within the 75-foot setback; and
2
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f. A Conditional Use Permit
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
No. 7417
A6. In considering this application for variances, the Council has considered the advice and
recommendation of the Planning Commission and the effect of the proposed variances
upon the health, safety and welfare of the community, existing and anticipated traffic
conditions, light and air, danger of fire, risk to the public safety, and the effect on values
of property in the surrounding area.
VARIANCE ANALYSIS:
B1. "Variances shall only be permitted when they are in harmony with the general purposes
and intent of the ordinance ...." The proposed variances are in harmony with the
purpose of the Ordinance. The Property has difficulties in its substandard size and width,
the proximity to the channel, the 75-foot lake setback, the existing home location, and the
floodplain areas of the property making development difficult.
B2. "Variances shall only be permitted ... when the variances are 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.
B3. "Variances may be granted when the applicant for the variance establishes that there are
practical difficulties in complying with the zoning ordinance. `Practical difficulties,' as used in
connection with the granting of a variance, means that:
a. The property owner in question proposes to use the properly in a reasonable manner,
however, the proposed use is 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.
b. The plight of the landowner is due to circumstances unique to his property not created
by the landowner. The substandard lot size is an existing condition, there is no
available land with which to make the Property more conforming. The 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
c. The variance, if granted, will not alter the essential character of the locality. " The
variances are requested in order to permit construction of a new home in the same
footprint, which is reasonable. Hardcover and setback improvements are being
made.
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO.7417
HQ
B4. "Economic considerations alone do not constitute practical difficulties." Economic
considerations have not been a factor in the variance approval determination.
B5. "Practical difficulties also include but are not limited to inadequate access to direct sunlight
for solar energy systems. Variances shall be granted for earth -sheltered construction as
defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter
78." This condition is not applicable.
B6. "The board or the council may not permit as a variance any use that is not permitted under
Orono City Code Chapter 78 for property in the zone where the affected person's land is
located." This condition is not applicable, as a single-family home is an allowed use in the
LR-1 B District.
B7. "The board or council may permit as a variance the temporary use of a one -family dwelling
as a two-family dwelling." This condition is not applicable.
B8. "The special conditions applying to the structure or land in question are peculiar to such
property or immediately adjoining property." The Property's substandard size, 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.
B9. "The conditions do not apply generally to other land or structures in the district in which the
land is located." The Property's substandard area and width, 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.
B10."The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant." The proposed size of the home is not exceeding
the existing footprint within the setbacks. Granting of the lot area, lot width, lake and
average lakeshore setback, and hardcover variances are necessary for the preservation
of the property right of the Owners.
1311. "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.
B12. "The granting of such variance will not merely serve as a convenience to the applicant, but
is necessary to alleviate demonstrable difficulty." Without variances, redevelopment of the
4
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO.7417
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.
CONDITIONAL USE PERMIT ANALYSIS:
The Council may grant a CUP as the use permit was applied for or in modified form. On the
basis of the application and the evidence submitted, the city finds that the proposed use at
the Property is or will be:
C1. Consistent with the community management plan; the proposed development of the
Property for residential use is consistent with the community management plan.
C2. 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.
C3. Adequately served by police, fire, roads, and stormwater management; in the opinion of
staff this criterion is met.
C4. Provided with an adequate water supply and sewage disposal system; in the opinion of
staff this criterion is met.
C5. Not expected to generate excessive demand for public services at public cost; in the
opinion of staff this criterion is met.
C6. 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.
C7. 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.
C8. 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.
C9. Not expected to substantially impair the use and enjoyment of the property in the area or
�oNo
5H
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO.7417
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.
C10. 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. Screening vegetation
shall be incorporated along the channel to screen the home from views from the lake.
C11. 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.
C12. 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.
C13. 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.
C14. 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
C15. 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.
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO.7417
CONCLUSIONS, ORDER AND CONDITIONS:
Based upon one or more of the above findings, the Orono City Council hereby grants the
following:
• A variance to Orono Municipal Zoning Code Section 78-330 to allow development of a
nonconforming lot with 33,042 square feet in area where 43,560 square feet is required;
and 137 feet at the lake on the west side where 140-feet is required;
• A variance to Section 78-1279 to allow construction of a new home 13.5 feet from the
Narrows Channel and 71 feet from the lake where a 75-foot setback is required;
• A variance to Section 78-1279 to allow construction of a lake side deck 71 feet from the
lake which encroaches 6.5 feet lakeward of the average lakeshore setback line;
• A variance to Section 78-1680 to allow 4,587 square feet of hardcover within the 75-foot
setback where no hardcover is permitted and 5,166 square feet currently exists in
conjunction with redevelopment of the property; and
• A conditional use permit pursuant to Orono Municipal Zoning Code Section 78-1125 to
allow flexibility on the sides of the home from the required 15-foot rescue elevation
bench due to the Property's narrow width, according to the approved plans,
Subject to the following conditions:
D1. Council approval is based on the entire record, above Findings.
D2.The approved project shall conform to the survey dated 08/10/23, revised on 10/05/2023
by Otto and Associates and annotated by the Applicant on November 6, 2023 and the
building plans submitted by the Applicant and annotated by City staff, attached to this
Resolution as Exhibits A & B.
D3. Trees or other vegetative screening acceptable to the City which has, upon full -growth,
the ability to screen the home from the channel shall be planted. The trees shall be
shown on the plans submitted for permit and will be required to be in place prior to
release of building permit escrow.
D4.Any amendments to the plans which are not in conformity with City codes may require
further Planning Commission and City Council review.
D5. Authorities granted by this resolution run with the Property not with the Applicant, but are
permissive only and must be exercised by obtaining a building permit for the new
construction and commencing construction of said project. A building permit must be
obtained within one year of the date of Council approval, or the variance will expire on
that date (November 13, 2024).
7
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO.7417
D6.The CUP shall remain in effect as long as the conditions imposed by the City Council are
observed, but nothing shall prevent the City from enacting or amending official controls
to change the status of conditional uses.
D7. Violation of or non-compliance with any of the terms and conditions of this resolution
may result in the termination of any authority granted herein.
ADOPTED by the Orono City Council on this 13th day of November, 2023.
CITY OF ORONO:
Dennis Walsh, Mayor
ATTEST:
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO.7417
Erik S. Wneg en, roperty Owner Mariss I garden, Property Owner
STATE OF MINNESOTA
COUNTY OF HENNEPIN
This instrument was acknowledged before me this � day of ty�y���r
9 ,
202�)21 by Erik S. Winegarden, husband of Marissa K. Winegarden.
z>� Sri
� CHRISTINE S. LUSIAN
Notary Public
State of Minnesota
M y Commission Ex p Tres
Notar anuary 31, 2027
STATE OF MINNESOTA
COUNTY OF HENNEPIN
This instrument was acknowledged before me this 7 day of IVOV4ept �
20 , by Marissa K. Winegarden, wife of Erik S. Winegarden.
�fi,r`sr,r CHRISTINE S. LUSIAN
=' Notary Public
z Z State of Minnesota
My Commission Expire
Notary t, # January 31, 2027
9
Certificate of Survey and Topographic Survey aN
(After) a
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Feat � \ � �9 O � � c� \\ • 0 D_
Shed Coma
.-i4' NE or Llne
PROPOSED ELEVATIONS �q N
TOP OF FOUNDA ROM = 941.33 \ / 1 J 4 I a 2� Jam\ �y /J / / sy \ + _- ?sad cq / !D °0; N N
GARAGE FLOOR = 941.00s21.
BASEMENT FLOOR = 933.50 g Y
931,50, 9J1.:, JJ. W6rm O p n
Property Description: I I / \ ^ yo+ \ / o I b k
Tract A and B, REGISTERED LAND SURVEY NO. 1 sg ,0 9h• / X931_
500, Hennepin County, Minnesota, according to
the recorded plot thereof LL1 `J Xs3G56 \jam \ �9J, TRAC�f A 21 ASH/"�
V O W o
Rood Easement p 1 Son. MH
Surveyors Note: ' Doc. No. 544834 ASA/ -Rim 932I8 9JI.c
r INSTALL i MAINTAIN 9, Inr925.9 4�� U j
Easements shown are from the Certificate of ,� / F u)
Title it appears that other easements exist, but '9w, CONSMUCRON O / 217ASH O19"ASH
they were not provided. ENTRANCE
UU JJ 52
19'ASH !
VOLUME CALCULARONS 1 5a aOQ A '932 - XB3173 Box
CUT VOLUME = 106 CY - 4;ry
93 y
FILL VOLUME = 1,117 CY
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NOTE: Cut and fill volumes were Eosem
generated with Civil 3D software J v's Ae�Edge or Co-
generated
the existing conditions to the �- a ry0 ^ ds 477771 and 54483e \
proposed conditions using the OHWL % d' v�
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lower boundary. a y�
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933 J9
WELL
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r•(�v /�,I 1 :._PROPOSED RETAINING
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WALLS
/PROPOSED >, z
ARVORWTAE m
\ ,('�` A� '.�. y 93� y�D�, i-� Sb ,�1.00 �(r LEGEND IQ
-V
eg Y
� —IOIO— denotes Proposed Contour
+`+`+ 'S -7 /0175 X denotes Proposed Sot Elevation
: b +.4� ry0�:/g32� h.s5, ai art , A Ate e P P
rr^^(( f ('`>' �� denotes Proposed Drainage
/ .ty % �C(7:Mgai6' ` • ` • `\ -i`/ •�i.. :r g K 1�. Y~ 0000c, denotes Proposed Retaining Wall m� N
\ /l +++�,++++,* +rr / x h K . - e / - 988 — denotes Existing Contour C O
+`So + `+9 . K % r,an 9es. o0 x denotes Existing Spot Elevation y
93F1.$4j(� . / CY FLOOIDPIAIN h �...` v' X9,i1. 6 y 1
o A FF=989.36 denotes Finished Floor Elevation
.�y. , +. ...c�MiRCA DpY (TO BE /�-..\ / yi OO
9 "'� + + ' i OLWE BEFAP£ FLOOD � �r� � \ -0 o denotes Pre -construction Silt Logs
� O
�\ ! , \ ♦� ���+i+♦ PLAIN FILL) jJ�� ///'� br (, �Oh / pd denotes Water Valve
\ �\ �4kw T1 \/' C B /�� \` 33 tr denotes Hydrant `o m
AreO� 33,0423 S.F. to O.HW.L. �I // F�R.L�L� ® denotes Sanitary Manhole o a
X931.02 /� v X9J1.26
�\ '�59. \ / 0 denotes Deciduous Tree E c N
_,-5ar y Line �, \ — 55 — denotes Sanitary Sewer Lines j m
x — denotes Fence Line y
- — - denotes Building Setback Line
'To Front = 35' y E E c �i
o \ Side = 10' £° Q
`\RipROP OHWL = 7$`
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ear �j7 \ Concrete
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BIOLOG DETAIL
PROPOSED HARDCOVER CALCULATIONS:
AREA TO OHWL I 33,042E JSF
AREA
Proposed House
3,842
S.F.
Proposed Deck
132 -BO-
S.F.
Proposed Porch
218
S.F.
Proposed Bituminous Driveway
3, 161
S.F.
Proposed Retoining Walls
47
S.F.
Existing Shed
101
S.F.
Existing Bituminous Driveway
145
S.F.
Existing Pavers
1324 -FS-
S.F.
Existing Screen Porch and Steps
1 277
S.F.
TOTAL 8,247
7,886
S.F.
X HARDCOVER 94,g8
23.9
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ISSUE PROJECT CLIENT K&K Builders Interior Design ,
11.02.23 Winegarden Erik and Manssa 6250 US HWY 12 Clove Design
SECTIONS2795 Shadywood Rd. Suite #220 Studio
Go DRAWN BY Excelsior, MN 55331 Maple Plain, MN 55359 NL BUILDERS r1
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11.02.23 Winegarden
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K&K Builders Interior Design
6250 US HWY 12 Clove Design
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SECTIONS2795
DRAWN BY
Shadywood Rd.
Excelsior, MN 55331
Suite #220 Studio
Maple Plain, MN 55359
BUILDERS r'
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ISSUE PROJECT
11.0223 Winegarden
CLIENT
Erik and Manssa
K&K Builders Interior Design
6250 US HWY 12 Clove Design
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WESTELEVATION DRAWN BY
2795 3^adywood Rd.
Excelsior, MN 55331
Suite #220 Studio
Maple Plain, MN 55359
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ISSUE PROJECT
11,02.23 Winegarden
CLIENT
Erik and Manssa
K&K Builders Interior Design
6250 US HWY 12 Clove Design
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EASTELEVATION
2795 3^adywood Rd.
Suite #220 Studio
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DRAWN BY
Excelsior, MN 55331
Maple Plain, MN 55359
BUILDERS
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ISSUE PROJECT
11.02,23 Winegarden
CLIENT
Erik and Manssa
K&K Builders Interior Design
6250 US HWY 12 Clove Design
NORTHELEVATION
2795 Shadywood Rd.
Suite #220 Studio
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DRAWN BY
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Maple Plain, MN 55359
BUILDERS
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ISSUE PROJECT
11.0223 Winegarden
CLIENT
Erik and Manssa
K&K Builders Interior Design
6250 US HWY 12 Clove Design
SOUTHELEVATION DRAWN BY
2795 3^adywood Rd.
Excelsior, MN 55331
Suite #220 Studio
Maple Plain, MN 55359
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40N\ City of Orono
Hardcover Calculation Worksheet
�KrsHoti�c, Property Address: ` } r
Prepared by: t
r I aVIS s� �6 (A Date: IIk zo2.3
Stormwater Quality Overlay District Tier: (Circle one) Tier 1 [er 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
Hardcover Item (Describe)
Length x Width
Total
S uare Feet
Exam le
(Garage)
24' x 30'
720 S.F.
A
oils
7.I'x U-3
i3"1-7.7 S.F.
B
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lozz S.F.
D
sca sah o rG In an s C w, "i n 7�
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Z.77 S.F.
E
Or. QC wa-
1305 .7°j S.F.
F
+ C a i 7�' S - ,oaGL�
Zt)�o, 117 S.F.
G
Ca.� rE `] e r Se
S.F.
H
ProA or k "jS' n -7S' -SJ611ek
S.F.
(T x 1
L S.F.
X q7
W% S.F.
K
l
n ~K r S2 EM! IL
I o. Z' X q .-I
I D j S. F.
L
e )�;n '7S�
S.F.
M
S.F.
N
S.F.
0
S.F.
p
S.F.
0
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
IL q�6 I _ S.F.
Excludable Hardcover (See City Code Sec 784684):
S.F.
S.F.
S.F.
S.F.
S.F.
(2) Total Excludable Hardcover
p S.F.
(3) Net Proposed Hardcover [Subtract line (2) from line (1)]
S.F.
(4) Total Lot Area
33 0�1 Z S.F.
Proposed hardcover Percentage [ (3) T (4)1
ZS ��