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HomeMy WebLinkAbout03-18-2024 Planning Commission PacketAgenda Planning Commission Monday, March 18, 2024, 6:00 PM 2780 Kelley Parkway, Orono, MN 55356 952-249-4600 /oronomn.gov 1. Call to Order 2. Pledge of Allegiance 3. Approval of Agenda 4. Approval of Minutes 4.1. Planning Commission Minutes of February 20, 2024 5. Public Hearings 5.1. #LA24-000008, GreenWood Design Build o/b/o Brenda Iversen, 1850 Lakeside Trl, Variance (Melanie Curtis) 5.2. LA24-000009, Revision LLC, 797 Ferndale Road North, Variance (Natalie Nye) 5.3. #LA24-000011, Robey Construction o/b/o Steve Streich, 1487 Shoreline Dr, Variances (Melanie Curtis) 5.4. LA24-000012, Robert Breon, 2700 Casco Point Road, Variances (Natalie Nye) 5.5. #LA24-000013, City of Orono Text Amendment: Phase 2 of the City’s Recodification of City Code (Laura Oakden) 6. Other Items 7. Adjournment Audience Members: Information regarding each of the agenda items is available on the city website under meetings 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. Sign up for email notifications at https://www.oronomn.gov/ 1 Date: March 18, 2024 Item: 4.1 Presenter: Laura Oakden, Community Development Director Section: Approval of Minutes Title: Planning Commission Minutes of February 20, 2024 1.Purpose: Approve the Planning Commission Minutes of February 20, 2024 2.Planning Commission Action Requested: Approve the Planning Commission Minutes of February 20, 2024 AGENDA ITEM Exhibits 02.20.2024 Planning Commission Minutes 2 Minutes Planning Commission Regular Meeting Tuesday, February 20, 2024, 6:00 PM City Council Chambers 2780 Kelley Parkway, Orono, MN 55356 Page 1 of 2 1. Acting Chair Ressler called the meeting to order at 6:00 p.m., followed by the Pledge of Allegiance. 2. ROLL CALL Orono Planning Commission members present: Acting Chair Jon Ressler, Commissioners Dennis Libby, Bob Erickson, and Gary Kraemer. Chair Chris Bollis and Commissioners Mark McCutcheon and Ted Schultze were absent. Staff present: Community Development Director Laura Oakden, City Planner Melanie Curtis, and City Planner Natalie Nye. 3. APPROVAL OF AGENDA Libby moved, Erickson seconded, to approve the Agenda. VOTE: Ayes 4, Nays 0. 4. APPROVAL OF PLANNING COMMISSION MEETING MINUTES OF JANUARY 16, 2024 Libby moved, Kraemer seconded, to approve the minutes of the Orono Planning Commission meeting of January 16, 2024. VOTE: Ayes 4, Nays 0. 5. PUBLIC HEARINGS 5.1. LA24-000005 Recodification – Phase 1,Text Amendment The Planning Commission is requested to review the Staff report, receive a presentation, and discuss and recommend approval of adopting the proposed changes to Chapters 78 and 82 of the City Code. The Planning Commission discussed the item and asked questions of staff. Acting Chair Ressler opened the public hearing at 6:12 p.m. Dan Gustafson, 1040 E. Circle Dr. Wayzata, said he had submitted comments related to another chapter of the Code. Acting Chair Ressler closed the public hearing at 6:13 p.m. Commissioners asked for clarification of the proposed change to a five-foot setback for fences with monuments. Erickson moved, Kraemer seconded, to recommend approval of LA24-000005, Phase 1, Text Amendment as presented. VOTE: Ayes: 4, Nays 0. 6. OTHER ITEMS 6.1 LA24-000003, Brett Larson, 2480 Carman Street, Sketch Plan 3 Minutes Planning Commission Regular Meeting Tuesday, February 20, 2024, 6:00 PM City Council Chambers 2780 Kelley Parkway, Orono, MN 55356 Page 2 of 2 The Planning Commission is requested to review the Staff report, receive a presentation, and discuss and recommend approval of a sketch plan for 2480 Carman Street. Brett Larson, 2480 Carman St., the applicant, gave an explanation on the request which would include a rezoning. The Planning Commission discussed the item and asked questions of staff and the applicant. At this stage no public hearing or action was required although Commissioners indicated initial support for the rezoning plan. 7. ADJOURNMENT Kraemer moved, Libby seconded, to adjourn the Planning Commission Meeting at 6:42 p.m. to March 18, 2024. VOTE: Ayes 4, Nays 0. ATTEST: _________________________________________ Jon Ressler, Vice Chair 4 Date: March 18, 2024 Item: 5.1 Presenter: Melanie Curtis, Planner Section: Public Hearings Title: #LA24-000008, GreenWood Design Build o/b/o Brenda Iversen, 1850 Lakeside Trl, Variance (Melanie Curtis) 1.Purpose: The applicant is requesting a hardcover variance to install a wider driveway than is permitted within 75 feet of Dickey's Lake Creek. 2.MN§15.99 Application Deadline: The application was submitted and considered to be complete on February 19, 2024. The 60-day timeline for review will expire on April 19, 2024. 3.Background: The property was platted in 2019 as part of the Willow Bay Sanctuary development. The only access to the buildable area of the property is over Dickey’s Lake Creek and directly through the hardcover restricted zone. City Code allows for a maximum 8-foot wide driveway within the 75- foot setback from protected waters if there is no other access to the property. The new home on the property is nearing completion. The property owner requests a variance to allow the 8 foot wide driveway to be increased to 12 feet in width creating new encroachments and additional hardcover on both sides of the creek. Please refer to Exhibit A for a full analysis and background. 4.Staff Recommendation: Planning Staff recommends denial of the request to increase the width of the driveway to more than 8 feet. 5.Planning Commission Action Requested: Planning Commission should consider a motion to recommend denial of the variance as applied. AGENDA ITEM Exhibits Ex A - Staff Report #LA24-000008 Ex B - Application & Narrative Ex C - Practical Difficulty Ex D - Existing Conditions Survey Ex E - Proposed Conditions Survey Ex F - Hardcover Calcs Ex G - Aerial Photo Ex H - Mailing List Ex I - Map 5 Date Application Received: 02/19/2024 Date Application Considered as Complete: 02/19/2024 60-Day Review Period Expires: 04/19/2024 To: Chair Bollis and Planning Commission Members Adam Edwards, City Administrator From: Melanie Curtis, Planner mcc Date: 18 March 2024 Subject: #LA24-000008, GreenWood Design Build o/b/o Brenda Iversen, 1850 Lakeside Trl Variance Public Hearing Background 1850 Lakeside Trail was platted in 2019 as part of the Willow Bay Sanctuary development. Dickey’s Lake Creek, a protected tributary, crosses through the property creating a 150-foot-wide hardcover restricted zone in the front yard. The only access to the buildable area of the property is over the creek and directly through the hardcover restricted zone. The City Code allows for a driveway with a maximum width of 8 feet within the 75-foot setback from protected waters if there is no other access to the property. The new home on the property is currently under construction. The project is nearing completion. The property owner is requesting a variance to allow the 8 foot wide driveway to be increased to 12 feet in width creating new encroachments and additional hardcover on both sides of the creek. Practical Difficulties Analysis Applicant Submittal Information: The applicant has identified the location of the tributary and safety concerns as practical difficulties supporting the requested variance. Additionally, they have provided supporting documentation regarding Practical Difficulties attached as Exhibit B, and should be asked for additional testimony regarding the application. Planning Staff Practical Difficulty Analysis: Regarding practical difficulty, Staff finds that the newly created property and roadway corridor were arranged and oriented with the tributary as an existing condition. The City Code provides for a minimal width driveway to provide access in sensitive areas within 75 feet of lakes or protected tributaries. Staff does not find practical difficulties that support the applicant’s request to increase the hardcover within the creek setback. Application Summary: The applicant is requesting approval to install a wider driveway than is permitted within 75 feet of the creek. Staff Recommendation: Planning Department Staff recommends denial. 6 FILE # LA24-000008 18 March 2024 Page 2 of 4 LOT ANALYSIS WORKSHEET Section 78-1680 – Hardcover Calculations: Stormwater Overlay District Tier Total Area in Zone Allowed Hardcover Existing Hardcover Proposed Hardcover Tier 2 133,503 s.f. 40,050 s.f. (30 %) 11,091 s.f. (8.3%) 11,862 s.f. (8.9%) Applicable Regulations: Driveway Width/Hardcover Variance (Section 78-1282) The property is classified as Tier 2 based on its setback from Long Lake and is limited to 30% total hardcover. However, within the areas of the property inside the 75-foot setback of the creek hardcover is limited to the minimum necessary to serve the property (Cite 78-1680 & 78-1282). A driveway no wider than 8 feet is permitted within the tributary setback zone if the property has no other frontage on or access to a public or private road. The applicant’s request to permit a 12-foot wide driveway where a maximum 8-foot wide driveway is permitted results in an additional 737 square feet of hardcover within the 75-foot setback from the creek. Governing Regulation: Variance (Section 78-123) In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. §216C.06, subd. 14, when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. According to MN §462.357 Subd. 6(2) variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance. The proposed variance is not in harmony with the intent and purpose of the Ordinance. The goal of the ordinance is to reduce or eliminate improvements within 75 feet of the creek, by providing for minimal driveway access. The proposal includes expanded improvements within the creek setback. This criterion is not met. 2. The variance is consistent with the comprehensive plan. The proposed variance to increase the hardcover level within the 75-foot creek setback is not consistent with the comprehensive plan. Reasonable access is established by the permitted 8-foot wide driveway accessing the residential home on the property. This criterion is not met. 7 FILE # LA24-000008 18 March 2024 Page 3 of 4 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 add more driveway hardcover with 75-foot creek setback is not reasonable as minimal access is provided. This criterion has not been met. b. There are circumstances unique to the property not created by the landowner; The unique lot location and configuration were not created by the landowner however the access limitations of the newly platted property should have been a known condition with the applicant purchased the property; and c. The variance will not alter the essential character of the locality. The requested variance results in a further intensification of the use in the most sensitive area of the property. 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 driveway is an allowed use and is permitted within the creek setback with a maximum width of 8 feet. 7. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. This condition is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The unique setbacks resulting from the wetland, wetland buffers, and creek create difficulties that apply to few properties in the same neighborhood. The creek impacting the access to the property is unique to the property. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The protected tributary/creek impacting the access to the property is unique to the property. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The property owner has access to and use of the property through the existing improvements. Expansion or intensification of the allowed improvements is not a substantial property right. 11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. Granting the requested variance would be contrary to the intent of the zoning chapter. Reasonable access is provided by the 8-foot wide driveway. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The requested variance appears to serve as a convenience to the applicant. 8 FILE # LA24-000008 18 March 2024 Page 4 of 4 The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Public Comments To date, no public comments have been received. Issues for Consideration 1. Does the Planning Commission find that 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 denial of the request to increase the width of the driveway to more than 8 feet. 9 3/1/24, 8:06 AM Permit Details | Citizenserve https://www2.citizenserve.com/Admin/PermitController?Action=DisplayPermitDetail&SelectedTab=Permits&Permit_ID=14191590&WorkOrder_ID=881…1/1 Land Use Application Summary Application Date:02/19/2024 Address:1850 Lakeside TRL Orono, MN 55356 Parcel Number:3411823120010 Land Use Number:LA24-000008 Application Submitted By:Agent on behalf of property owner Owner:Name: Brenda Iverson Address: - Brenda Iversen Applicant:Name: Scott Loehrer Company: GreenWood Design Build Address: 5555 West 78th Edina, MN 55439 scott@greenwooddesignbuild.com Contact Information:Associated Contact: Associated Contact: Associated Contact: Associated Contact: Project Description:Hardcover Variance for Driveway Width 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: 10 11 2/20/24, 9:01 AM Permit List | Citizenserve https://www2.citizenserve.com/Admin/PermitController?Action=ListPermits&WorkOrder_ID=88198035&ciDisplay=none&getPrint=true&skipLoading=true 1/2 PRACTICAL DIFFICULTIES DOCUMENTATION FORM LA24-000008 1. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter. Response: Property owner proposes to use the property as their primary residence 2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. Response: The property creates an overly cumbersome driveway width restriction due to the location of the tributary on the property. The tributary runs west to east across the property, cutting through the only available driveway access from a roadway. Due to the creeks distance in from the driveway access point at the roadway, and the 75' setback required from the creek, this creates a restricted 8' wide driveway for approximately 160' in length to gain access to the home and garage. 3. The variance, if granted, will not alter the essential character of the locality. Response: The character of the locality will not be altered as the other properties within this development, and area, do not have the encumbrance of a tributary running across their main driveway access point to the property, therefore allowing those properties to have much larger driveway widths. 4. Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter. Response: NA 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 116J.06, Subd. 2, when in harmony with this Chapter. Response: The property has a unique practical difficulty due to the location of the tributary on the property. 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: NA 7. The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. Response: NA 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 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: NA 12 2/20/24, 9:01 AM Permit List | Citizenserve https://www2.citizenserve.com/Admin/PermitController?Action=ListPermits&WorkOrder_ID=88198035&ciDisplay=none&getPrint=true&skipLoading=true 2/2 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Response: The granting of the requested variance will improve the property owner's use of the property. 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. Response: The granting of the variance will allow safer use of the driveway on the property. Ordinance would require approximately 160' of the property owner's driveway to be 8' wide. As an example, a typical parking space is 8' wide (with some being 7.5' and a typical max of 9' wide). Should a moving vehicle, or fire or medical response vehicle, most of which are 8' wide or wider, need to access the property, a driveway width of 8' would not be adequate. Allowing an increase in width to 12' will drastically improve the property owner's ability to safely gain access to their home. 13 14 ------ ----\\,�_i�7\--------------3�0�8�.9�0:····=·· =-=.:.::::.::., ·S 86 ° 17' 41" E .......................... · _i :····-. !···<��----·· ("'') -... - 0 30 60 120 1111111111�! I I I � I s C A L E N F E E T 2.3015REVISED3.SCJ 23-015 CERTIFICATE OF SURVEY FOR GREENWOOD DESIGN BUILD, LLC OF LOT 3, BLOCK 1, WILLOW BAY SANCTUARY HENNEPIN COUNTY, MINNESOTA PROPOSED ELEVATIONS 1)Upper garage = 1910.012)Lower garage = 1960.01 (verify) 3)Top of foundation = 197D.914)Main floor = 1971.41 5)Lower floor -1960.01 LEGAL DESCRIPTION OF PREMISES Lot 3, Block 1, WILLOW BAY SANCTUARY 0 denotes iron marker (908.3) denotes existing spot elevation, mean sea level datum 191081 denotes proposed spot elevation --917 denotes existing contour line, mean sea level datum --IDQ}--: denotes proposed contour line ,fie denotes existing tree to be removed Bearings shown are based upon an assumed datum. This survey intends to show the boundaries of the above described property, existing features, topography and visible utilities, existing trees, with several proposed to be removed and the proposed location of a proposed house, driveway and grades thereon. 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N L (I) .D E :, z <l) "' <l) "::; 0 -0 "' (I) C C ;j' L (I) .D C 0 L 0 if> -"" L 0 :a; 15 16 17 18 19 20 38 27-118-23 43 0013 THOMAS A VOLK JANIS M VOLK 1995 WEST FARM RD LONG LAKE MN 55356 38 27-118-23 43 0014 KURT SCHIMPKE KRISTEN SCHIMPKE 1925 WEST FARM RD LONG LAKE MN 55356 38 27-118-23 43 0015 STILES ANDERSON NICOLE ANDERSON 1889 WEST FARM RD LONG LAKE MN 55356 38 27-118-23 43 0018 MARK & ELIZABETH BELTRAND 1860 WEST FARM RD LONG LAKE MN 55356 38 27-118-23 43 0024 THE FARM AT LONG LAKE % ELIZABETH BELTRAND 1860 WEST FARM ROAD LONG LAKE MN 55356 38 27-118-23 43 0026 DAVID ALAN SHULER SUSAN MARIE SHULER 1849 WEST FARM RD LONG LAKE MN 55356 38 27-118-23 44 0019 SAMANTHA CAPEN MULDOON PAUL D MULDOON 1801 WEST FARM RD ORONO MN 55356 38 34-118-23 11 0001 BARBARA A LUIKENS RICHARD B BENSON 776 BROWN RD N LONG LAKE MN 55356 38 34-118-23 11 0006 MARY L STEIL ET AL 744 BROWN RD N LONG LAKE MN 55356 38 34-118-23 11 0007 SARA NORTH 800 BROWN RD N LONG LAKE MN 55356 38 34-118-23 12 0002 SCOTT A MABUSTH 740 BROWN ROAD NORTH LONG LAKE MN 55356 38 34-118-23 12 0005 THEODORE M SCHULTZE MARY L STEIL-SCHULTZE 744 BROWN RD N LONG LAKE MN 55356 38 34-118-23 12 0006 770 BROWN ROAD NORTH LLC 770 BROWN RD N LONG LAKE MN 55356 38 34-118-23 12 0008 MATTHEW HOLAVES JELENA HOLAVES 10282 RAY DRIVE ROSCOE IL 61073 38 34-118-23 12 0009 IGOR EPSHTEYN 1900 LAKESIDE TR LONG LAKE MN 55356 38 34-118-23 12 0010 BRENDA IVERSEN PO BOX 44 CRYSTAL BAY MN 55323 38 34-118-23 12 0011 BJB TRUST 1825 LAKESIDE TRAIL LONG LAKE MN 55356 38 34-118-23 12 0012 BROCK CADWALLADER 5508 GLENGARRY PARKWAY MINNEAPOLIS MN 55436 38 34-118-23 12 0013 TARYN S REUTER VENESSA R REUTER 1925 LAKESIDE TR LONG LAKE MN 55356 38 34-118-23 12 0015 WILLOW BAY SANCTUARY ASCN 690 BROWN RD N ORONO MN 55356 21 He nn epin Co u n ty L oc ate & N o tify Map 185 0 L ake s id e 0 200 400100 Feet Da te : 2/2 2/20 24 Buffer Size:500Map Co mm e nts : Th is d ata (i) is furn ish ed 'AS IS' with no represen ta tion as tocompleteness or accuracy; (ii) is fu rn ish ed with n o warra nty of anykind; an d (iii) is n ot suitable for le ga l, eng ineerin g or surve yingpurposes. Hennepin County shall not b e liab le for a ny da ma ge , in ju ryor loss resu lting from this dat a. Fo r mo re inf ormation , co nta ct Hen ne pin Co un ty GI S Off ice300 6th S tree t So uth , Minn ea polis, MN 5 5487 / gis.in fo@h en ne pin.us 22 Date: March 18, 2024 Item: 5.2 Presenter: Natalie Nye, Planner Section: Public Hearings Title: LA24-000009, Revision LLC, 797 Ferndale Road North, Variance (Natalie Nye) 1.Purpose: The applicant is requesting an average lakeshore setback variance for the construction of a new single-family home. 2.MN§15.99 Application Deadline: The application was submitted on February 20, 2024 and considered to be complete on February 23, 2024. The 60-Day timeline for review expires on April 23, 2024. 3.Background: The subject property is currently vacant. The property is uniquely shaped and fronting on Lydiard Lake. Strict adherence to the average lakeshore setback creates an unbuildable lot. The applicant is proposing to construct a new single-family home on the property, adhering to all other zoning requirements. 4.Staff Recommendation: Staff recommends approval of the average lakeshore setback variance as applied. 5.Planning Commission Action Requested: The Planning Commission should consider a motion to approve the variance application as applied. AGENDA ITEM Exhibits Exhibit A - Staff Report Exhibit B - Application Exhibit C - Practical Difficulties Form Exhibit D - Narrative Exhibit E - Proposed Survey Exhibit F - Plans Exhibit G - Hardcover Calculations Exhibit H - Photos of the Site Exhibit I -Neighbor Comment Letters Exhibit J - Mailing List & Map 23 Date Application Received: 02/20/2024 Date Application Considered as Complete: 02/23/2024 60-Day Review Period Expires: 04/23/2024 To: Chair Bollis and Planning Commission Members Adam Edwards, City Administrator From: Natalie Nye, Planner Date: March 18, 2024 Subject: #LA24-000009, Revision LLC o/b/o Irv and Mary-Stuart Fish 797 Ferndale Road North Variance - Public Hearing Background The subject property is currently vacant. The property is uniquely shaped and fronting on Lydiard Lake. Strict adherence to the average lakeshore setback creates an unbuildable lot. The applicant is proposing to construct a new single-family home on the property, adhering to all other zoning requirements. Practical Difficulties Analysis Applicant Submittal Information: The applicant has indicated the unique shape of the lot and location of neighboring homes in relation to the subject property as practical difficulties. The average lakeshore setback line does not allow for a compliant building envelope. The property has been owned by a neighboring property since the 1990’s and has never been built on. Application Summary: The applicant is requesting an average lakeshore setback variance in order to construct a new home. Staff Recommendation: Planning Department Staff recommends approval. 797 Ferndale Rd N 24 FILE #LA24-000009 March 18, 2024 Page 2 of 5 Planning Staff Practical Difficulty Analysis: Staff agrees with the applicant’s assessment. The property is subject to an extreme average lakeshore setback line. The neighboring homes that determine the required setback are located a substantial distance from Lake Lydiard. The property is unique with a flag shape lot. The site has been designed to minimize negative impact on neighboring views that are currently enjoyed. The property to the south will not be impacted by the proposed house placement. The proposed septic areas are location along the north side of the property requiring the home to be constructed on the south side of the parcel. The home is situated towards the southern portion of the lot and the home has a proposed height of less than 20 feet. The proposed location of the home and home design limits impact on the neighboring property to the northeast. LOT ANALYSIS WORKSHEET Section 78-420 & 78-1279 – Setbacks: RR-1B District Required Proposed Rear (Street) 50’ 50.4’ North Side 30’ 90’ South Side 30’ 165’ Lakeshore 150’ 157’ Average Lakeshore Not Compliant Section 78-330 – Lot Area/Width: LR-1B District Lot Area Lot Width Required 87,120 s.f. (2 acre) 200’ Actual 96,888 s.f. (2.2 acres) 334’ @ 150’ / 509’ @ OHWL Section 78-1680 and 78-1700 – Hardcover Calculations: Stormwater Overlay District Tier Total Area Allowed Hardcover Existing Hardcover Proposed Hardcover Tier 1 96,888 s.f. 24,222 s.f. (25%) 0 s.f. (0%) 8,891 s.f. (9.18%) Applicable Regulations: Average Lakeshore Setback Variances (Section 78-1279) The property is currently vacant. The neighboring properties to the north and south determine the average lakeshore setback. The average lakeshore setback line is extreme and eliminates a building envelope due to the neighboring homes being substantially setback from the lake. The property to the north is a flag lot with the home set back approximately 560 feet from Lydiard Lake. The home to the south is approximately 375 feet from Lake Lydiard. The proposed home will not impact the views currently enjoyed by the neighbor to the south. The site has been designed to minimize impact to the northern neighbor. 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 25 FILE #LA24-000009 March 18, 2024 Page 3 of 5 provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. §216C.06, subd. 14, when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. According to MN §462.357 Subd. 6(2) variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance. The subject property is currently vacant. The average lakeshore setback line is extreme due to the location of the neighboring homes. There is no compliant building envelope. The proposed home will meet all other setback requirements and has been designed to minimize impacts on the neighboring lake views. The proposed project is in harmony with the general intent of the Ordinance due to the practical difficulties present. This criterion is met. 2. The variance is consistent with the comprehensive plan. The construction of a new single-family home on a conforming lot is consistent with the Comprehensive Plan. The applicant has identified the necessary practical difficulties inherent to the land supporting their request. This criterion is met. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The construction of a new single-family home is a reasonable use of the property. This criterion is met. b. There are circumstances unique to the property not created by the landowner; The shape of the lot and the location of the neighboring homes is 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 variance resulting in a new home is supported by practical difficulties and will not alter the character of the area. 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. 26 FILE #LA24-000009 March 18, 2024 Page 4 of 5 6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located. This condition is not applicable, as a residential home is a permitted use in the RR-1B District. 7. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. This condition is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The location of the neighboring homes in relation to the subject property and to Lake Lydiard are unique and create an extreme lakeshore setback. The average lakeshore setback line prevents the development of the property that meets all other zoning requirements. The special conditions of the property are unique and specific. 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 unique and existing conditions do not apply to other land or structures in the neighborhood or district. 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 granting of the average lakeshore setback variance will allow the vacant property to be developed. The location of the neighboring homes and the unique property shape create an extreme lakeshore setback. The proposed home meets the required 150-foot lake setback to preserve the environmental quality of Lydiard Lake. This criterion is met. 11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. Granting the requested variance will not adversely impact health, safety, comfort, or morals of the community. The proposed has been designed to minimize any current lake view enjoyed by the neighboring properties. 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 average lakeshore setback variance allows a home to be constructed on a vacant lot. The lot and proposed home have been carefully designed to meet all other setback requirements including the lake setback of 150 feet. The placement and height of the proposed home minimize impacts on existing lake views currently enjoyed by neighboring properties. This criterion is met. The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Public Comments The neighbors located at 793 Ferndale Road North and 265 Hollander Road have provided comment letters. The letters are included as Exhibit F. Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to use the property 27 FILE #LA24-000009 March 18, 2024 Page 5 of 5 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 Staff recommends approval of the average lakeshore setback variance request as applied. 28 3/15/24, 11:25 AM Permit Details | Citizenserve https://www2.citizenserve.com/Admin/PermitController?Action=DisplayPermitDetail&SelectedTab=Permits&Permit_ID=14195024&WorkOrder_ID=881…1/1 Land Use Application Summary Application Date:02/20/2024 Address:797 Ferndale N Orono, MN 55391 Parcel Number:3611823120017 Land Use Number:LA24-000009 Application Submitted By:Agent on behalf of property owner Owner:Name: M J FREY & K BELDEN FREY Address: - Irv and Mary-Stuart Fish Applicant:Name: John Daly Company: Stonewood Design Build Address: 7407 Wayzata Blvd Minneapolis, MN 55426- Contact Information:Associated Contact: John Daly Associated Contact: Kevin Shultz kevin@revisionmn.com Associated Contact: Associated Contact: Project Description:Average Lakeshore Setback Variance 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: 29 3/15/24, 11:26 AM Permit Details | Citizenserve https://www2.citizenserve.com/Admin/PermitController?Action=DisplayPermitDetail&SelectedTab=Permits&Permit_ID=14195024&WorkOrder_ID=881…1/2 PRACTICAL DIFFICULTIES DOCUMENTATION FORM LA24-000009 1. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter. Response: Yes, The intent usage of the property is a reasonable request and meets all other zoning requirements. 2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. Response: The uniqueness of the property was set in the early 1990s with the development to be plotted for single family residence with large acreage lots. It is unique that the house directly behind them is a side neighbor because of a small piece of land they plotted to provide access to the lake 3. The variance, if granted, will not alter the essential character of the locality. Response: No, The house has been design to blend and be a natural surrounding structure to the land. 4. Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter. Response: No, there is no economic considerations. This is a vacant lot that hasn't been developed since the original plot. 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 116J.06, Subd. 2, when in harmony with this Chapter. Response: Not appicable for this application. 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 intent of the develop plot was for single dwelling use. This is consistent with our request. 7. The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. Response: Not applicable for this applicaiton 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. Response: Yes, The adjoining property abudt both the North lot line and East Lot line. Because of the average lake shore setback requirement the entire property doesn't conform with the zoning 30 3/15/24, 11:26 AM Permit Details | Citizenserve https://www2.citizenserve.com/Admin/PermitController?Action=DisplayPermitDetail&SelectedTab=Permits&Permit_ID=14195024&WorkOrder_ID=881…2/2 requirements because the neighboring structure is behind the lot. The developed plotted land great a uniqueness for the neighboring lot that affect the vacant property we are requesting a variance for. 9. The conditions do not apply generally to other land or structures in the district in which said land is located. Response: This plot development is unique and side yard of the adjoining property is 5' wide. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Response: Yes, The proposed plan to consturct a home is necessary to have enjoyment of the substantial propert right 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. It will not. 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 difficulty is the lot doesn't meet the zoning requirement because fo the average lake shore set back and the uniqueness of the adjoining property line to the lake., 31 797 Ferndale Rd N Description of Request: 1. Request for an average lake shore setback variance to contrast a new home on a vacant lot. We are seeking to request a variance for the average lake shore setback in connection with the proposed construction of a new residential home on the vacant lot located at 797 Ferndale N. The subject property, a 3-acre wooded lot with lakefront access to Lake Lydiard, was originally plotted in the early 1990s for the development of a single-family residential home within the established neighborhood. The lot, which has remained vacant since its initial plotting, is currently owned by past adjoining property owner, and is now intending to sell the property for the new owners to construct a single-family home. The development plan proposed adheres to all setback and zoning requirements stipulated by the city of Orono, except for the Average Lakeshore Setback. The unique nature of the neighborhood's plot layout allocated a 5’ access of land to the property of 793 Ferndale N, situated directly behind (east) of the proposed construction site. Consequently, the current average lake shore setback does not extend across the property of 797 Ferndale Rd. N, as both the side yard and rear yard are bordered by the property of 793 Ferndale Rd N. In our meticulous planning process, we have ensured compliance with the 150’ setback requirement from the lakeshore, as well as all other relevant setback criteria. Despite meeting these conditions, the construction of any structure on this property necessitates a variance due to its unique historical development. The property was originally plotted and approved in the early 1990s for the construction of a single-family home, a plan that was never executed upon until now. We appreciate your time and consideration in reviewing this request. We believe that the distinctive lot lines and historical development context warrant careful consideration for the requested variance. Should you require any additional information or clarification, please do not hesitate to contact us. 32 33 777 sq ft 73,431 sq ft 15 26 16 25 150' 50' REQ 30' RE Q 30' RE Q 50'-6" PROPOSED 74'- 3 " PR O P O S E D 150'PROPOSED WETLAND DELINEATION STAKE BY KJOLHAUG PROPOSED PRIMARY SEPTIC FIELD PROPOSED FUTURE SEPTIC FIELD 984' 982' 984.5' 976'978' 980' 982' 976'980' 978' ALS 2,772 sq ft 4,499 sq ft 267 sq ft 576 sq ft M.L. ELEV = 985' LL ELEV = 973.9' G. ELEV= 984'-0" 0 20'40'60'7060504030802010NWES80'SUMMER SOLSTICE SUNRISEWINTER SOLSTICE SUNRISESUMMER SOLSTICE SUNSETWINTER SOLSTICE SUNSET797 FERNDALE RESIDENCE Orono Minnesota 55391 SHEET 1 CONCEPT 15 FEBRUARY 2024 952-544-3844 18318 Minnetonka Blvd Deephaven, MN 55391 Copyright 2024 34 777 sq ft 73,431 sq ft 150'50'REQ30' RE Q 30' RE Q 50'-6"PROPOSED74'- 3 " PR O P O S E D 150'PROPOSED984' 982' 984.5' 976'978' 980' 982' 976'980' 978' ALS 2,772 sq ft 4,499 sq ft 267 sq ft 576 sq ft M.L. ELEV = 985' LL ELEV = 973.9' G. ELEV= 984'-0" 0 40'80'120'7060504030802010NWES160'SUMMER SOLSTICE SUNRISEWINTER SOLSTICE SUNRISESUMMER SOLSTICE SUNSETWINTER SOLSTICE SUNSET797 FERNDALE RESIDENCE Orono Minnesota 55391 SHEET 2 CONCEPT 15 FEBRUARY 2024 952-544-3844 18318 Minnetonka Blvd Deephaven, MN 55391 Copyright 2024 35 12'14'16' GRAPHIC SCALE 4'0'2'6'8'10' TYP CEILING HEIGHT = 10'-1⅛" APPROX. SF = 997 FINISHED LOWER LEVEL FLOOR PLAN 797 FERNDALE RESIDENCE Orono Minnesota 55391 SHEET 3 CONCEPT 15 FEBRUARY 2024 952-544-3844 18318 Minnetonka Blvd Deephaven, MN 55391 Copyright 2024 36 12'14'16' GRAPHIC SCALE 4'0'2'6'8'10' TYP CEILING HEIGHT = 10'-1⅛" EXISTING APPROX. SF = 2,807 FINISHED + 764 GARAGE MAIN LEVEL FLOOR PLAN 797 FERNDALE RESIDENCE Orono Minnesota 55391 SHEET 4 CONCEPT 15 FEBRUARY 2024 952-544-3844 18318 Minnetonka Blvd Deephaven, MN 55391 Copyright 2024 37 M.L. SUBFLOOR ±0" U.L. SUBFLOOR +11'-1 3/4" U.L. CEILING +20'-2 7/8"19'-9"<30' MAX. ALLOWEDEAST ELEVATION SOUTH ELEVATION 797 FERNDALE RESIDENCE Orono Minnesota 55391 SHEET 5 CONCEPT 15 FEBRUARY 2024 952-544-3844 18318 Minnetonka Blvd Deephaven, MN 55391 Copyright 2024 38 M.L. SUBFLOOR ±0" U.L. SUBFLOOR +11'-1 3/4" U.L. CEILING +20'-2 7/8" L.L. SLAB -11'-1 1/4" M.L. SUBFLOOR ±0" U.L. SUBFLOOR +11'-1 3/4" U.L. CEILING +20'-2 7/8" M.L. SUBFLOOR ±0" U.L. SUBFLOOR +11'-1 3/4" U.L. CEILING +20'-2 7/8" 1 WEST ELEVATION NORTH ELEVATION NORTH ELEVATION 797 FERNDALE RESIDENCE Orono Minnesota 55391 SHEET 6 CONCEPT 15 FEBRUARY 2024 952-544-3844 18318 Minnetonka Blvd Deephaven, MN 55391 Copyright 2024 39 40 From:Irv Fish To:Natalie Nye Cc:Daly, John Subject:Photographs of 797 Ferndale Rd North (LA24-000009) Date:Saturday, February 24, 2024 8:37:32 AM Natalie - Hope this is useful - please let me know if you would like additional information. Irv Fish and Mary Stuart Snyder. Begin forwarded message: From: Irv Fish <irv.fish3@gmail.com> Subject: 797 Ferndale Rd North Date: February 23, 2024 at 4:49:34 PM CST To: irv fish <irv.fish3@gmail.com> From the 797 lot looking north and east to 745 (Reardon) 41 Looking north toward neighbor Grundowski, 793 Ferndale Rd North Looking west 42 Looking west - south toward Lake Lydiard 43 looking south and east toward Lake Lydiard Looking south toward Lake Lydiard 44 Sent from my iPhone 45 46 47 48 49 50 51 52 53 54 55 56 57 t gn of (we) [print address] [print'name(s)] have reviewed the plans for the proposed improvement or proposed use of the property located at -jq- t^'.:t.s-,rxla�2_R d , also referred to as Land Use Application No. I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of Me --''property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that a pr posed neighbor's project of use requires Founcil approval. rty wne Date 2,277 242 y Pro' erty 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. Adjacent Property Owner Form — January 2023 ADJACENT PROPERTY OWNERS' ACKNOWLEDGEMENT FORM } I (we) } ? :i/Ifi &/1 10/WA( (D1 iA of C� .'j i.` ,ci+ t I\1J`� [print name(s)] 11 [print address] have reviewed the plans for the proposed improvement or proposed use of the property located at �qEP► Inc E �d04Q referred to as Land Use Application No. LA CoCo q 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. I Date Owner U 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. 38 25-118-23 34 0002 WILLIAM M TOLES 465 SPRING HILL RD WAYZATA MN 55391 38 25-118-23 34 0003 RICHARD J NIGON 445 SPRING HILL RD WAYZATA MN 55391 38 25-118-23 43 0004 DAVID GOLINVAUX LESLIE GOLINVAUX 4393 AVONDALE ST MINNETONKA MN 55345 38 25-118-23 43 0012 MOX A GUNDERSON GRETA S GUNDERSON 280 HOLLANDER RD ORONO MN 55391 38 25-118-23 43 0013 JAMES R PADDON 260 HOLLANDER RD WAYZATA MN 55391 38 25-118-23 43 0014 DANA A LAJOIE WILLIAM C LAJOIE 315 HOLLANDER RD WAYZATA MN 55391 38 25-118-23 43 0016 MARK A DOEPKE CONSTANCE M DOEPKE 265 HOLLANDER RD WAYZATA MN 55391 38 25-118-23 43 0017 STEVEN J/KATHERINE L PIERCE 259 HOLLANDER RD WAYZATA MN 55391 38 25-118-23 43 0018 HILDUR P HOLLANDER 1776 DUPONT AVE S MPLS MN 55403 38 25-118-23 43 0024 DAVID GOLINVAUX LESLIE GOLINVAUX 4393 AVONDALE ST MINNETONKA MN 55345 38 25-118-23 43 0025 PAUL FRANCIS BRUER LINDA JOY MILLER 275 HOLLANDER RD WAYZATA MN 55391 38 25-118-23 43 0026 DAVID L & CHERYL L KELSEY 235 HOLLANDER RD WAYZATA MN 55391 38 36-118-23 11 0012 MICHELLE & THOMAS CULLUM JR 785 FERNDALE RD N WAYZATA MN 55391 38 36-118-23 11 0017 SUSAN K LYMAN 715 FERNDALE RD N WAYZATA MN 55391 38 36-118-23 11 0020 MICHAEL & KAREN FREY 745 FERNDALE RD N WAYZATA MN 55391 38 36-118-23 11 0032 SCOTT T STOLTENBERG LAURA S STOLTENBERG 645 FERNDALE RD N WAYZATA MN 55391 38 36-118-23 12 0001 DAVID GOLINVAUX LESLIE GOLINVAUX 4393 AVONDALE ST MINNETONKA MN 55345 38 36-118-23 12 0002 KATERI S KNIGHT 725 FERNDALE RD N ORONO MN 55391 38 36-118-23 12 0007 SCOTT REARDON HOLLY REARDON 745 FERNDALE RD N WAYZATA MN 55391 38 36-118-23 12 0008 ERIC S FOX & HILARY J FOX 735 FERNDALE RD N WAYZATA MN 55391 38 36-118-23 12 0009 MICHAEL J NANCY FREY 745 FERNDALE RD N ORONO MN 55391 38 36-118-23 12 0014 LAURIE KNUTSON 795 FERNDALE RD N WAYZATA MN 55391 38 36-118-23 12 0015 MARNY & BRAD PODIAK 18855 9TH AVE N PLYMOUTH MN 55447 38 36-118-23 12 0016 JENNIFER ANN GRUDNOWSKI 793 FERNDALE RD N WAYZATA MN 55391 38 36-118-23 12 0017 M J FREY & K BELDEN FREY 980 E SHADY LANE WAYZATA MN 55391 38 36-118-23 12 0018 M J FREY & K BELDEN FREY 745 FERNDALE RD N WAYZATA MN 55391 58 He nn epin Co u n ty L oc ate & N o tify Map 797 F e rnd al R d N 0 200 400100 Feet Da te : 2/2 2/20 24 Buffer Size:500Map Co mm e nts : Th is d ata (i) is furn ish ed 'AS IS' with no represen ta tion as tocompleteness or accuracy; (ii) is fu rn ish ed with n o warra nty of anykind; an d (iii) is n ot suitable for le ga l, eng ineerin g or surve yingpurposes. Hennepin County shall not b e liab le for a ny da ma ge , in ju ryor loss resu lting from this dat a. Fo r mo re inf ormation , co nta ct Hen ne pin Co un ty GI S Off ice300 6th S tree t So uth , Minn ea polis, MN 5 5487 / gis.in fo@h en ne pin.us 59 Date: March 18, 2024 Item: 5.3 Presenter: Melanie Curtis, Planner Section: Public Hearings Title: #LA24-000011, Robey Construction o/b/o Steve Streich, 1487 Shoreline Dr, Variances (Melanie Curtis) 1.Purpose: The applicant is requesting a lake setback, average lakeshore setback, and 75-foot zone hardcover variances for a home addition. 2.MN§15.99 Application Deadline: THe application was received on February 21, 2024 and considered to be complete on February 27th. The 60-day review period ends on April 27, 2024. 3.Background: The applicant is requesting variances for lake setback, average lakeshore setback, and hardcover within the 75-foot setback to construct a 75-square-foot, triangular-shaped addition to the lake side of the existing home. The main-level addition will be cantilevered over the ground. The home is situated within the 75-foot setback and partially within the average lakeshore setback. The proposed addition will be 33.8 feet from the lake and will extend the line of the lake facing wall of the home filling in a nearly 15-foot gap. Please refer to the Staff Report attached as Exhibit A for a full background and analysis. 4.Staff Recommendation: Planning Staff recommends approval of the variances to construct the 75-square-foot cantilevered addition to the home as applied. 5.Planning Commission Action Requested: Planning Commission should make a motion to recommend approval as applied. AGENDA ITEM Exhibits Ex A - Staff Report #LA24-000011 Ex B - Application Ex C - Practical Difficulty Ex D - Proposed Survey Ex E - Plans Ex F - Hardcover Ex H - Neighbor Comments Ex G - Aerial Photos Ex I - Mailing List & Map 60 Date Application Received: 02/21/2024 Date Application Considered as Complete: 02/27/2024 60-Day Review Period Expires: 04/27/2024 To: Chair Bollis and Planning Commission Members Adam Edwards, City Administrator From: Melanie Curtis, Planner mcc Date: 18 March 2024 Subject: #LA24-000011, Robey Construction o/b/o Steve Streich, 1487 Shoreline Dr, Variances Public Hearing Background The applicant proposes to construct a 75-square-foot, triangular-shaped addition to the lake side of the existing home. The main-level addition will be cantilevered over the ground. The home is situated within the 75-foot setback and partially within the average lakeshore setback, as close as 24 feet to the lake. The proposed addition will be 33.8 feet from the lake and will extend the line of the lake facing wall of the home filling in a nearly 15-foot gap. Practical Difficulties Analysis Applicant Submittal Information: The applicant has identified the existing non-compliant setback of the home, the existing nonfunctional interior layout, and problematic roof drainage as practical difficulties supporting the requested variance(s). Additionally, they have provided supporting documentation regarding Practical Difficulties attached as Exhibit B, and should be asked for additional testimony regarding the application. Planning Staff Practical Difficulty Analysis: Regarding practical difficulty, Staff finds that the proximity of the home to the lake prevents any structural or massing modification. The proposed changes appear to resolve the issues with roof drainage. The existing home’s location is a practical difficulty. LOT ANALYSIS WORKSHEET Section 78-305 & 78-1279 – Setbacks: LR-1A Required Existing Proposed Rear / Street 50’ 100’ Existing Home +100’ Addition North Side 30’ ±7’ Existing Home ±81’ Addition South Side 30’ ±28’ Existing Home 36.5’ Addition Lakeshore 75’ 24’ Existing Home 33.8’ Addition Average Lakeshore The existing home is approximately 55’ lakeward of the diagonal average lakeshore setback line. The addition will be entirely lakeward of the average lakeshore setback line. Application Summary: The applicant is requesting a lake setback, average lakeshore setback, and 75-foot zone hardcover variances for a home addition. Staff Recommendation: Planning Department Staff recommends approval. 61 FILE #LA24-000011 18 March 2024 Page 2 of 4 Section 78-305 – Lot Area/Width: LR-1A Lot Area Lot Width Required 87,120 s.f. (2.0 acres) 200’ Actual 32,927 s.f. (0.75 acre) 130’@ 75’ / 130’ @ OHWL Section 78-1403 – Structural Building Coverage: Total Lot Area Total Structural Coverage 32,927 s.f. (0.75 acre) Allowed: 6,585 s.f. (20%) Existing: 4,095 s.f. (12.4%) Proposed: 4,170 s.f. (12.6%) Section 78-1680 and 78-1700 – Hardcover Calculations: Stormwater Overlay District Tier Total Area in Zone Allowed Hardcover Existing Hardcover Proposed Hardcover Tier 1 32,927 s.f. 8,231 s.f. (25 %) 9,310 s.f. (28.2%) 3,580 w/in 75’ 8,664 s.f. (26.3%) 3,588 w/in 75’ Applicable Regulations: 75-foot Lake Setback & Average Lakeshore Setback Variances (Section 78-1279) The majority of the home is within the 75-foot lake setback; the average lakeshore setback line cuts diagonally through the lakeside of the home. The proposed addition does not extend closer to the lake than the existing home. 75-foot Hardcover Variance (Section 78-1680) The proposal results in an overall reduction of hardcover on the property by 646 square feet. To offset the hardcover proposed to be added in the 75-foot setback the applicant is proposing a nearly equal amount of hardcover with the removal of concrete stair/sidewalk. 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. 62 FILE #LA24-000011 18 March 2024 Page 3 of 4 According to MN §462.357 Subd. 6(2) variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance. The proposed variance is in harmony with the purpose of the Ordinance. The property includes difficulties in its shape and the location of the existing home. The average lakeshore setback variance requested is minimal and will not further impact views of the lake for adjacent properties. 2. The variance is consistent with the comprehensive plan. The proposed variances to construct a small addition to the home and overall reduction in hardcover on this property are consistent with the comprehensive plan. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The request to permit the small home addition entirely within the 75-foot setback and average lakeshore setback appears to be reasonable considering the location of the existing home, the orientation of the neighboring homes to the lakeshore, and the existing mature vegetative screening. The request is reasonable. b. There are circumstances unique to the property not created by the landowner; The location of the existing home prevents changes or expansions of the home consistent with the neighborhood. The proposed overall hardcover level is being reduced and the addition will not impact the views of the lake from the neighboring homes. The circumstances are unique to the property; and c. The variance will not alter the essential character of the locality. The variance is requested to permit the construction of a small addition to the home designed as a cantilevered space to minimize impacts on the lake. The location will not impact the neighbor’s views of the lake and will fit 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 improvements to a single-family home are allowed within 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 existing home’s proximity and orientation to the lakeshore and the location of the adjacent homes create difficulties for the Owners in improving the property consistent with the homes in their neighborhood. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The unique condition of the extreme proximity of the adjacent home to the lake creates difficulties for the owners. 63 FILE #LA24-000011 18 March 2024 Page 4 of 4 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Granting the variances is necessary for the preservation of the property rights 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 requested variances in this unique situation is not contrary to the intent of the zoning chapter. 12. The granting of such variance will not merely serve as a convenience to the applicant but is necessary to alleviate demonstrable difficulty. The requested variance is necessary to address the poor roof drainage and does not merely serve as a convenience to the applicant. The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Public Comments Supportive comments from the adjacent property owners have been received and are attached as Exhibit H. Issues for Consideration 1. Does the Planning Commission find 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 to mitigate the impacts created by the granting of the requested variance(s)? 4. Are there any other issues or concerns with this application? Planning Staff Recommendation Planning Staff recommends approval of the variances to construct the 75-square-foot cantilevered addition to the home as applied. 64 3/12/24, 1:23 PM Permit List | Citizenserve https://www2.citizenserve.com/Admin/PermitController?Action=ListPermits&WorkOrder_ID=88199113&ciDisplay=none&getPrint=true&skipLoading=true 1/1 Land Use Application Summary Application Date:02/21/2024 Address:1487 Shoreline DR Orono, MN 55391 Parcel Number:1111723230010 Land Use Number:LA24-000011 Application Submitted By:Agent on behalf of property owner Owner:Name: CA Streich Property Trust Address: - Steve Streich Applicant:Name: Bill Robey Company: Robey Contruction Address: 3806 Westin Ave Woodbury, MN 55125 bill@robeyconstruction.com Contact Information:Associated Contact: Todd Holzinger toddh@trauscher.com Associated Contact: Peter Hawkinson phawkinson@pioneereng.com Associated Contact: Bill Robey bill@robeyconstruction.com Associated Contact: Project Description:Lake, Average Lakeshore, and 75-zone hardcover Variances for a small main floor addition 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: 65 2/26/24, 1:11 PM Permit List | Citizenserve https://www2.citizenserve.com/Admin/PermitController?Action=ListPermits&WorkOrder_ID=88199113&ciDisplay=null&getPrint=true&skipLoading=true 1/2 PRACTICAL DIFFICULTIES DOCUMENTATION FORM LA24-000011 1. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter. Response: Although the proposed small addition is not in compliance to the setback requirements, it is only due to the fact that the house was built with approximately 70% of the footprint inside the 75’ setback. The small addition DOES NOT protrude closer to the shoreline that the existing house does. 2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. Response: The plight of the landowner is due to the fact that the house was permitted to be located with-in the 75’ setback. If the original structure was built outside of the setback no variance would be necessary. 3. The variance, if granted, will not alter the essential character of the locality. Response: The small addition will blend seamlessly with the existing home and not be noticeable to the general public or adjacent neighbors as an addition. 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 requested variance is not due to economic reasons. The new homeowners seek to improve the layout and flow of the home as part of a total renovation of the main level of the home. This improvement requires a small addition that does not encroach beyond the current encroachment into the setback. The variance is only necessary due to the original home’s construction by previous owners inside the 75’ setback. 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 116J.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: The requested variance is expanding a single family dwelling which is in compliance with this Chapter for property in this zone. We are also removing some hardcover to bring the property into compliance for maximum hardcover allowable. 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: The new homeowner purchased this property with the intention of updating the aging property. The new homeowner was not made aware that there was a 75’ setback that the home encroached. 66 2/26/24, 1:11 PM Permit List | Citizenserve https://www2.citizenserve.com/Admin/PermitController?Action=ListPermits&WorkOrder_ID=88199113&ciDisplay=null&getPrint=true&skipLoading=true 2/2 9. The conditions do not apply generally to other land or structures in the district in which said land is located. Response: We are not aware of other homes in the district that are in violation of the setback, however the appearance of the home with the proposed small addition will blend seamlessly into the adjacent properties improving the overall shoreline appearance. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Response: The new landowner seeks to improve the functionality of the home by expanding a part of the home that currently recesses inward restricting open accessible flow of the home. The proposed change also helps with water run-off control by removing a large valley that dumps water towards the lake. The new roofline will allow gutters to be more effective. 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: The proposed variance will not impair any health, safety, comfort, morals, or any other respect to be contrary to the intent of the Zoning Code. 12. The granting of such variance will not merely serve as a convenience to the applicant but is necessary to alleviate demonstrable difficulty. Response: The current home does not facilitate a desirable or functional flow that would contribute to the accessibility and lifestyle of the new homeowners. The addition will allow better maintenance around the exterior of the home including gutter maintenance, water runoff control along with snow control. The roof structure will minimize any future water problems for the house and run off. 67 c Pioneer Engineering 2422 Enterprise Drive Mendota Heights, MN 55120 Ph. : (651) 681-1914 www.pioneereng.comFax: (651) 681-9488 Project # :124001 Folder #:8915 Drawn by:NJK CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS Certificate of Survey for: ROBEY CONSTRUCTION LLC 3806 Westin Ave, Woodbury, MN 55125 Phone: (612) 834-8403 68 NEW WINDOWIN NEW WALLNEW WINDOWIN EXIST. WALLNEW PATIO DR.IN EXIST. WALLEXIST. WINDOWIN EXIST. WALLEXIST. WINDOWIN EXIST. WALLNEW ROOF4/12 PITCHEXIST. ROOFEXIST. ROOFEXIST. ROOFEXIST. ROOFEXIST.CHASEEXIST. FASCIAEXIST. FASCIANEW FASCIA (EXTENSION OF EXIST.)EXIST. DECKRAILINGEXIST. DECKCANT'D ADDITION OF MAIN LEVELNEW CEDAR SHAKESIDING ON NEWAND EXIST. WALLSEXIST.STONEVENEERRemodel Plans for: Streich, Steve & Cari 1487 Shoreline Drive, Wayzata, MN 55391Plans prepared byTodd H.SCALE 1/4 1'69 EXIST. ROOF TRUSSES@ 24" 0.C.EXIST. ROOF TRUSSES@ 24" 0.C.EXIST.DN 14R12' CLG.11' CLG.x36 9 0NEW ENTRY DOORU/C R.9' CLG.11' CLG.NEW BEAM - FLUSHNEW BEAM - FLUSHNEW WINDOWCUST. UCAP48104 3WR.O. 12'-1" x 8'-7 5/8"NEW WINDOWUSPD8090 OX LHH.P. LOW PROFILE SILLR.O. 8'-1 5/8" x 9'-0"NEW WINDOWUCAP48104 2WR.O. 8'-1" x 8'-7 5/8"NEW ROOF FRAMING100 NEW W INDOW IN EX IST . OPEN INGUCA249 2 -UCAP 489 2 -UCA 2 492 LSRR.O . 8 ' - 1 " x 7 ' - 7 5 /8 "± 16'-0"REPLACE EX IST . BEAMTO SUPPORT NEW BEAMAS NECESSARYMODIFY EXIST.CLG. TRAY101102± 5 8 ° 1'-4" NEW ST E L L A R 4 S S - 2 0 G L GAS FI R E P L A C E - 1'-0"D. x 6 " H . F L O A T I N G H E A R T H ± 14'-11 1/4"± 1'-1 5/8"EDGE OFEXIST. R.O.6'-6"6 ' -6 "6"6"1.SEE STRUCTURAL ENGINEERING DRAWINGS FORHEADER AND BEAM SIZES AND SUPPORTREQUIREMENTS.2.UNLESS NOTED OTHERWISE DIMENSIONS ARE FROMCENTER OF OR FACE OF FRAMING. EXTERIOR FACEDIMENSIONS ARE TO EXTERIOR FACE OF STUD, NOT TOFACE OF SHEATHING. DO NOT SCALE OFF THEDRAWINGS. IF DIMENSIONAL INFORMATION IS MISSINGOR UNCLEAR CONTACT PROJECT DRAFTSMAN FORCLARIFICATION.INDICATES NEW FRAMED LOAD BEARING WALLSINDICATES NEW FRAMED NON-LOAD BEARING WALLSINDICATES EXISTING FRAMED WALLS TO REMAININDICATES EXISTING CONST. TO BE REMOVEDRemodel Plans for: Streich, Steve & Cari 1487 Shoreline Drive, Wayzata, MN 55391Plans prepared byTodd H.SCALE 1/4" 1'-0"11.070 EXIST.10/12EXIST.10/12EXIST . 10 / 1 2EXIST . 1 0 /1 2 EXIST. 10/12 EXIST. 10/12 EXIST.10/12NEW 4/12 EXIST . 14 / 1 2EXIST . 14 / 1 2 EXIST .CHASELINE OF EX IST . FASC IATO BE REMOVEDLINE OF EXIST. FASCIATO BE REMOVEDEXIST. FASCIAEXIST. FASCIANEW FASCIA (EXTENSION OF EXIST.)LINE OF NEW WALL BELOWEXIST. 10/12 Remodel Plans for: Streich, Steve & Cari 1487 Shoreline Drive, Wayzata, MN 55391Plans prepared byTodd H.SCALE 1/4 1 011.071 City of Orono Hardcover Calculation Worksheet Property Address:4p?su zoR Prepared by:Prences :NST.Date:2|20/24 Stormwater Quality Overlay District Tier:(Circle on ior 2 Tier3 Tier 4 Tier Step 1:EXISTING HARDCOVER In the following table identify ail 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 Total Hardcover Item (Describe)Length x Width Example)|(Gorge)toy 720 8F a [smeared SF ONC CETE TA Sri]18'Soreecn 458 S.F.?? | Pe SF FE |isd Lo |t???CSC*é*dLSCOCSBTSF. MA PO ??C?ts?sdYSCC GS RETAIAIM Vhare Po u -ob PavER.DRIVEWAYS USED E CONSAY OWNEE,1218eeeYXsecosthascguides.|18 ap eenetaaae|oR OT SN ?sergecre|8 BIS SF. a T esLsSa PT PET 8 PET PO SY (1)Total Existing Hardcover 12,39S SF 72 City of Orono Hardcover Calculation Worksheet Property Address:INST SworE cin DRwE Prepared by:g Bey Consr.Date:2 (20 Jee Stormwater Quality Overlay District Tier:(Circle one(Tier1.2ier2 Tier3 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. ?talReytoHardcoverItem(Describe)Tota Garage Concrete Srakes -(Beie Remover PROPOSED AOD Tan on Paopotéra ws Paved.DRIVE Waly 3597 SF. once ete Dewey (Bewb REmdvex)-wsy|S=*SF| BravdlinG weet favee.ARivEeway UséD BY SEcolAy|OWN.SF. (4)Total Lot Area Proposed Hardcover Percentage [(3)+(4)] 73 74 75 76 77 78 38 11-117-23 21 0001 RLA FAMILY L P 3205 CRYSTAL BAY RD WAYZATA MN 55391 38 11-117-23 23 0002 ELLEN A SCHMITT 1475 SHORELINE DR WAYZATA MN 55391 38 11-117-23 23 0008 JANET C KRIER RICHARD C KRIER 1491 SHORELINE DR WAYZATA MN 55391 38 11-117-23 23 0009 RAYMOND K NEWKIRK TRUSTEE NYLENE J NEWKIRK TRUSTEE 1489 SHORELINE DR ORONO MN 55391 38 11-117-23 23 0010 CAROLYN A STREICH 9156 E ANDORA HILLS DR SCOTTSDALE AZ 85262 38 11-117-23 23 0011 JOSHUA DAVID JASBERG SUZANNE GEIER JASBERG 1485 GREEN TREES RD ORONO MN 55391 38 11-117-23 23 0012 JAMES T & JUDITH L BRASS 1495 GREEN TREES RD WAYZATA MN 55391 38 11-117-23 23 0014 1520 GREEN TREES LLC 701 CARLSON PARKWAY STE 1010 MINNETONKA MN 55305 38 11-117-23 23 0015 JENNIFER & SCOTT STEVENSON 1510 GREEN TREES RD WAYZATA MN 55391 38 11-117-23 23 0016 CHRISTOPHER G WILLSON 1480 GREEN TREES RD WAYZATA MN 55391 38 11-117-23 23 0017 CHRISTOPHER G WILLSON 1480 GREEN TREES RD WAYZATA MN 55391 38 11-117-23 23 0018 GREEN TREES HOMEOWNERS ASSOC C/O JACK O YOST 4972 COMSTOCK LN N PLYMOUTH MN 55446 38 11-117-23 32 0010 ROGER D O'SHAUGHNESSEY 1265 BRACKETTS POINT RD WAYZATA MN 55391 38 11-117-23 32 0018 ANDERSON REV TRUST 1220 BRACKETTS POINT RD WAYZATA MN 55391 38 11-117-23 32 0021 JOHN NOBLE 1697 LENOX DR WACONIA MN 55387 79 80 Date: March 18, 2024 Item: 5.4 Presenter: Natalie Nye, Planner Section: Public Hearings Title: LA24-000012, Robert Breon, 2700 Casco Point Road, Variances (Natalie Nye) 1.Purpose: The applicant is requesting variances for lot area, lot width, side yard setback and front yard setback in order to construct a new home with a connection to an existing nonconforming detached garage. 2.MN§15.99 Application Deadline: The application was received on February 21, 2024 and deemed complete on February 23, 2024. The 60-Day timeline for review expires on April 23, 2024. 3.Background: The applicant is proposing to demolish the existing home on the property and keep an existing two-story detached garage. The existing detached garage is nonconforming as it relates to front yard and side yard setbacks. The applicant is proposing to construct a new home that connects to the existing nonconforming structure and requests variances from front and side yard setback requirements as the home will be 20 feet from the front property line and 2.4 feet from the side property line. The new home will expand the nonconformity as the structure will have an expanded second story above the existing garage space. The subject property is nonconforming in lot width and lot size for the LR-1C zoning district and therefore for the construction of a new home to take place on the property, variances from lot width and lot size are also required and requested. 4.Staff Recommendation: Staff is supportive of the requested variances for lot area, lot width, front yard and side yard setback in order to construct a new single-family home. 5.Planning Commission Action Requested: The Planning Commission should review the application and discuss the expansion of the second story above the existing garage. The Planning Commission should motion to approve the application with any conditions deemed necessary. AGENDA ITEM Exhibits Exhibit A - Staff Report Exhibit B - Application Exhibit C - Narrative 81 Exhibit D - Proposed Survey Exhibit E - Plans Exhibit F - Hardcover Calculations Exhibit G - Neighbor Comment Letters Exhibit H - Address List & Map Exhibit I - Additional Public Comment Received 03182024 82 Date Application Received: 02/21/2024 Date Application Considered as Complete: 02/23/2024 60-Day Review Period Expires: 04/23/2024 To: Chair Bollis and Planning Commission Members Adam Edwards, City Administrator From: Natalie Nye, Planner Date: March 18, 2024 Subject: #LA24-000012, Robert Breon, 2700 Casco Point Road, Variances - Public Hearing Background The applicant is proposing to demolish the existing home on the property and keep an existing two-story detached garage. The existing detached garage is nonconforming as it relates to front yard and side yard setbacks. The applicant is proposing to construct a new home that connects to the existing nonconforming structure and requests variances from front and side yard setback requirements as the home will be 20 feet from the front property line and 2.4 feet from the side property line. The new home will expand the nonconformity as the structure will have an expanded second story above the existing garage space. The applicant is proposing the enclose part of the second story above the garage and have a covered open area patio over a large portion of the garage footprint. The Planning Commission should as the applicant for additional testimony regarding the needs for covered outdoor living space in a nonconforming location. The subject property is nonconforming in lot width and lot size for the LR-1C zoning district and therefore for the construction of a new home to take place on the property, variances from lot width and lot size are also required and requested. The proposed project meets all other zoning criteria including hardcover and building height. Practical Difficulties Analysis Applicant Submittal Information: The applicant has identified the property’s existing conditions as a practical difficulty. The applicant originally intended on remodeling the existing home and garage, however, the foundation on the existing home was beyond repair. The existing two-story detached garage is in good condition and is proposed to remain. The applicant is proposing to construct a new home and connect it to the existing accessory building. The existing detached garage is nonconforming as it does not meet the 30-foot front yard setback or 7.5 side yard setback. The applicant states they have designed the home to be stepped away from the front and side yard in order to minimize the expansion of the nonconformity. Planning Staff Practical Difficulty Analysis: Staff agrees with the applicant’s assessment. The property contains an existing detached garage building that is nonconforming and permitted to remain. The nonconforming building could also be rebuilt in kind per City Code. However, the applicant is choosing to attach the accessory building to the new home and thus making it part of the primary structure and subject to the required setbacks. Variances from front and side yard are required for the footprint of the existing structure and for the vertical expansions of the second story within the setbacks. Staff also finds that the small lot size and narrow lot poses practical difficulties. Application Summary: The applicant is requesting variances for lot area, lot width, side yard setback and front yard setback in order to construct a new home with a connection to an existing nonconforming detached garage. Staff Recommendation: Planning Department Staff recommends approval. 83 FILE #LA24-000012 March 18, 2024 Page 2 of 5 LOT ANALYSIS WORKSHEET Section 78-350 – Setbacks: LR-1C District Required Existing Proposed Front/Street 30’ 20’ 20’ North Side 7.5’ 2.4’ 2.4’ South Side 7.5’ 6’ 7.7’ Rear 75’ 67’ 78’ Section 78-350 – Lot Area/Width: LR-1B District Lot Area Lot Width Required 21,780 s.f. (0.5 acres) 100’ Actual 8,205 s.f. (0.19 acre) 49.8’ Section 78-1403 – Structural Building Coverage: Total Lot Area Total Structural Coverage 8,205 s.f. (0.19 acre) Allowed: 2,000 s.f. Existing: 1,397 s.f. Proposed: 1,751 s.f. Section 78-1680 and 78-1700 – Hardcover Calculations: Stormwater Overlay District Tier Total Area Allowed Hardcover Existing Hardcover Proposed Hardcover Tier 2 8,205 s.f. 2,461.5 s.f. (30 %) 2,345 s.f. (28.7%) 2,314 s.f. (28.2%) 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: 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 front yard and side yard setback 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. 84 FILE #LA24-000012 March 18, 2024 Page 3 of 5 Side and Rear Setback Variances (Section 78-350) The existing detached garage is 20 feet from the front property line and 2.4 feet from the side property line. The existing accessory building is proposed to be attached to the new home and therefore making it part of the primary building and subject to primary building setbacks. The existing footprint does not meet the required 30-foot front yard setback or the 7.5 side yard setback on the north side and therefore variances are required. The applicant is also proposing to expand the second story above the garage within the setback which is an expansion and requires variance approval. The second story above the garage is partially enclosed but then entire area above the garage is roofed. Because of the roof over the entire footprint of the existing garage the front and side yard setbacks are required. 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 required for the construction of a new single-family home on a substandard parcel are supported by practical difficulties. The new home will connect to an existing detached garage on the property that is nonconforming. The existing structure is permitted to remain and be rebuilt per City Code. Making the existing footprint part of the primary building requires a front yard setback of 20 feet instead of the zoning districts requirement of 30 feet and a side yard setback of 2.4 feet when 7.5 feet is required. The existing detached garage is two stories and the proposal includes the expansion of this second story within the setbacks. The applicant has made efforts to pull the enclosed area away from the property lines to minimize impacts to neighbors, however the second story above the garage will be fully roofed. The third story has been pulled back to meet the required setbacks of the district. 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. 3. The applicant establishes that there are practical difficulties. 85 FILE #LA24-000012 March 18, 2024 Page 4 of 5 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 proposal will utilize the existing nonconforming detached garage as part of the design and therefore requires front and side yard setback variances. This criterion is met. b. There are circumstances unique to the property not created by the landowner; The existing house was not built by the current owners. The lot is substandard in area and width. The applicant is proposing to maintain the same front and side yard setback and meet all other required zoning regulations. The small lot size, substandard width, and existing improvements 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 new home will maintain existing setbacks and update the site with a new modern home design. This criterion is met. Additionally, City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination. 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 17, when in harmony with Orono City Code Chapter 78. This condition is not applicable. 6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located. This condition is not applicable, as a residential home is a permitted use in the LR-1B District. 7. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. This condition is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The substandard lot size, 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. The subject property is smaller in size than most of the neighboring properties. Additionally, 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 detached garage is in a nonconforming location and proposed to remain. The proposal is to connect the existing detached garage to the new home and thus requiring primary building setback variances. Without the approval of the front and side yard setback variances, the applicant would not be able to connect to the existing building. This criterion is met. 86 FILE #LA24-000012 March 18, 2024 Page 5 of 5 11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. Granting the requested variances will not adversely impact health, safety, comfort, or morals of the community. This criterion is met. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The variances allow for the construction of a new home that is connected to an existing building on site. The new home is designed to meet all other setbacks and restrictions of the zoning district. Without the approval of the front and side yard setback variances, the existing detached garage structure could not be connected to the home. The site is substandard in both size and width and requires a creative design. This criterion is met. The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Public Comments The applicant has provided neighbor letters that are included in the packet. No other public comments have been received. Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? 2. The Planning Commission should discuss the second story expansion above the garage and determine if the open patio area that is roofed is reasonable and meeting practicaly difficulty criteria. 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 have any issues or concerns with the expansion of the second story within the required front and rear yard setbacks? 5. Are there any other issues or concerns with this application? Planning Staff Recommendation Staff is supportive of the requested variances for lot area, lot width, front yard and side yard setback in order to construct a new single-family home. 87 3/15/24, 11:30 AM Permit Details | Citizenserve https://www2.citizenserve.com/Admin/PermitController?Action=DisplayPermitDetail&SelectedTab=Permits&Permit_ID=14197796&WorkOrder_ID=882…1/1 Land Use Application Summary Application Date:02/21/2024 Address:2700 Casco Point RD Orono, MN 55391 Parcel Number:2011723240022 Land Use Number:LA24-000012 Application Submitted By:Property Owner Owner:Name: DANIEL BUESING/LINDA RUNNING Address: 2700 CASCO POINT RD WAYZATA MN 55391 Applicant:Name: Robert Breon Company: Tonka Development Group Address: 2700 Casco Point Road Wayzata, mn 55391 tonkagrp75@gmail.com Contact Information:Associated Contact: Mike Behr Associated Contact: Associated Contact: Associated Contact: Project Description:Replacing the existing house and updating garage 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: 88 February 20, 2024 Robert Breon and Julie Brandsma - Wayzata, MN 55321 City of Orono - City Planner and City Review Board 2750 Kelley Parkway Orono, MN 55356 To Whom It May Concern and Review Board Committee: This letters intent is to support a request for a variance on the setback requirements for our property at 2700 Casco Point Road. The site is currently a non-conforming lot due to the existing location of the structures. The detached garage sits outside the setbacks, and the house sits slightly outside the south setback. We intended to remodel the current home and garage. After trying to work with the plans to renovate the original house structure, which was already showing signs of foundation failure, we decided to bring in more experts. We were advised that the existing house structure should not be remodeled and could be unsafe in the future. The current house will be torn down, and a new structure will be built in its place. The detached garage will remain, as this structure is in excellent structural condition. The roof from the existing detached garage will be raised to accommodate the attachment of the new house structure. Here lies our dilemma: We felt that the existing garage, which is a solid sound structure, would not make sense to destroy a perfectly built building, even though the current location of the structure is currently sitting outside the setbacks. We also needed a way to get from the garage to the house while avoiding inclement weather. So, we would need to attach them. There are two variance requests for both setback requirements - The northside and front setbacks. 1) Is for a front setback variance to raise the existing roof, so it can now be an attached garage. 2) The other variance request is for the northside setback, and the existing detached garage is outside this setback now. With the new design, the garage will be directly attached. The new redesigned plans were chosen with the care and conscientiousness of our neighbors. The plans will improve the property’s aesthetics without intruding on its surroundings. Thank you all for your time and consideration in reviewing our request. Regards, Robert Breon and Julie Brandsma 89 This is your opportunity to prove that the variance is justified. The City will use the following information to determine a denial or approval recommendation. Please address each statement as completely as possible. For statements that do not apply to your situation, please state: N/A. 1. The variance is in harmony with the general intent and purpose of the Ordinance.: Yes 2. The variance is consistent with the comprehensive plan. Yes 3a. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter Anticipated use as a single residence is permitted. 3b. The plight of the landowner is due to circumstances unique to his property not created by the landowner.: Non-conforming lot with garage structure which is existing. 3c. The variance, if granted, will not alter the essential character of the locality.: we will not correct. |4. Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter.: N/A 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 116J.06, Subd. 2, when in harmony with this Chapter.: 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. 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. N/A 90 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property.: Yes / Correct 9. The conditions do not apply generally to other land or structures in the district in which said land is located. there are similar non-conforming garages in the area 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.: Yes / 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.: Yes / Correct 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty.: Yes / Correct 91 92 7. 8 S2 3 ° 2 4 ' 3 5 " W 4 9 . 8 0 24 . 4 24.724 . 424.6 X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X957.4 957.5 957.7 957.5 957.5 957.3 957.1 957.2 957.0 956.8 956.7 968.6 968.0 967.3 963.3 975.1 975.2 974.0 973.5 972.4 960.8 960.8 973.4 973.4 971.4 972.0 973.7 973.7 957.5 959.6 960.7 959.1 960.6 963.8 965.6 972.5 972.7 97 2 . 2 972.1 972.7 971.9 963.9 963.7 963.0 962.4 961.7 961.7 959.9 C 959.3 957.52 E 970.3 FFE 974.0 FFE 972.0 FIP 1/2" OPEN 962.2FIP 1/2" OPEN973.8 FIP 1/2" OPEN 960.9 FIP 1/2" SOLID 973.4 973.1 972.4 971.9 969.7 972.1 971.7 972.5 973.3 974.2 973.6 971.9 961.0 GFE 961.0 GFE G 968.5 972.3 970.5 969.1 967.9 964.9 965.0 965.2 968.1 971.3 970.5 970.7 971.7 973.5 960.6 963.7 967.7 969.2 972.8 972.8 973.4 973.3 973.4 959.0 958.0 961.8 968.5 971.5 972.0 973.2 973.5 974.1 973.1 971.5 969.6 963.0 958.8 958.6 958.5 960.9 MB 958.0 MB 958.7 RIM=957.6 SMH S62°53'02"E 164.60N2 7 ° 4 4 ' 4 0 " E 4 8 . 8 9S62°36'26"E 168.36CASCO POINT RD.40EXISTING GARAGE BLOCK WALLEXISTING GARAGE BI T U M I N O U S R O A D S U R F A C E OH U OH U OH U OH U OH U OH U OH U OH U OH U OH U OH U OH U OH U OH U OH UOHUOHU959.3 GRAVEL/DIRT DRIVEWAYGRAVEL/DIRT DRIVEWAY14 14 ALL E Y(UNIMPROVED)14 3 CASCO HEIGHTS 13 1 2WINSHIPS SUB'D OF LOT 1 SPRING PARK 2ND DIV.AU D . S U B ' D N O . 2 6 5 SH E D GATE WOOD FENCEGATE WOOD FENCEWO O D F E N C E (5 0 . 0 P L A T )(164.21 PLAT)(5 0 . 0 P L A T ) 0 . 0 ± 0 . 3 ±0.2±0.4±0 . 6 ± 1 . 0 ± 97 4 97297096896 4 96 2 96 6 96 0 96696 8 97 2 97 0 97297296 4 96 6 96 8 95 8 96 2 96095 8 EXISTING HOUSE | | | | | | | | | | |WWWWWWW970.9 959.6 FIP 1/2" OPEN 960.3 FIP 1/2" SOLID 974.0 972.8 970.7 959.9 973.8 TRD 973.7 TRD > > > > > > > > > > > > >>>>INV=936.7 N/S OHUOHUOHUOHUOHUOHUOHUOHU10 " P V C W M 8" S A N S 972.1 FIP 2"OPEN PR O P O S E D D E C K 96 0 96 4962 972GRASS GRASS 50' PROP. RET. WALLBS B L BS B L BS B L BS B L BS B L BS B L BS B L BS B L BS B L BS B L BS B L BS B L BS B L BS B L 30307 . 5 7 . 5 x( 9 6 1 . 0 ) x(964.0) x(964.25)EXISTING WALLBSBLBSBLBSBLBSBLBSBLBSBLBSBLBSBLBSBLBSBLBSBLBSBLBSBLBSBLBSBLBSBLBSBLBSBLBSBLBSBLBSBLBSBL7 . 5BSBLBSBLBSBLBSBL BSBLBSBLBSBLBSBLBSBLBSBLBSBLBSBLBSBLBSBLBSBLBSBLBSBLBSBLBSBLBSBLBSBLBSBL7 . 5 7. 7 7. 6 2. 5 2. 4 26.624 . 017.617 . 9 9. 926.016 . 0 17.0 x B F E : ( 9 6 5 . 0 )(961.2)x(964.5)xx(964.5)(964.5)x970968966961x(964.2) TFE:(965.3) x(973.8) x(973.8) x(972.5) x(970.0) x( 9 7 3 . 8 ) 97 0 972 F F E : ( 9 7 5 . 6 ) x 97 2 97 3 PROPOSED HOUSE EROSION CONTROL FENCEING FFE OVERHANGSITE HENNEPIN COUNTY 0 10 20 CALL BEFORE YOU DIG! TWIN CITY AREA: TOLL FREE:1-800-252-1166 651-454-0002 Gopher State One Call NOTES Site Address: 2700 Casco Point Road, Orono, MN 55391 Flood Zone Information: This property appears to lie in Zone X (area determined to be outside of the 0.2% annual chance floodplain) per Flood Insurance Rate Map, Community Panel No. 27053C0311F, effective date o f 11/04/2016. 1) 2) Parcel Area Information: 8,205 sq. ft. - 0.188 acres3) Benchmark: Elevations are based on Hennepin County Coordinate Control Station Name:Johnson which has an elevation of: 939.00 feet (NAVD88). 4) 5)Zoning Information: The current Zoning for the subject property is LR-1C (One Family Lakeshore Residential District) per the City of Orono 's zoning map. Principal Structure Setbacks - Street(s) 30 feet ( Casco Point Road ) Side: 10 feet Rear: 30 feet Height: 30 feet Hardcover: 30% (Tier 2) Accessory Structure Setbacks: Front: 30 feet Side: 10 feet Rear: 10 feet We have not received the current zoning classification letter from the client. 6 ) Bearing shown hereon are based on theHennepin County Coordinate System. Platbearings are localized to this bearing basis. SCALE IN FEET I hereby certify that this survey, planor report was prepared by me or undermy direct supervision and that I am aduly licensed land surveyor under thelaws of the State of Minnesota. Datedthis 9th day of December, 2022. ___________________________________David B. PembertonMinnesota License No. 40344 ONLY THE CONTRACT CLIENT HAS AUTHORIZATION TO DISTRIBUTE/USE THIS HARDCOPY SURVEY OR CADD FILE IN IT'S CURRENT FORM FOR ITS ORIGINAL INTENDED PURPOSE. ANY SUBMITTAL OF THIS SURVEY TO ANY 3 PARTY FOR PERMITTING OF ANY KIND SHALL BE MADE ONLY IN THE NAME OF THE CLIENT, OR CLIENTS REPRESENTATIVE AS NAMED HEREON. THE MODIFICATION OF THIS HARDCOPY SURVEY/ EXHIBIT OR CADD FILE IS PROHIBITED WITHOUT AUTHORIZATION FROM 45 NORTH COMPANY, LLC.FenceLineBoundaryLine4± 2± Fence ties are shown on theside of the boundary line thatthe fence is located on. x x x x PARCEL LEGAL DESCRIPTION Lot 14, Block 3, CASCO HEIGHTS, according to the recorded plat thereof, Hennepin County, Minnesota. 13401 Preston Road Minnetonka, Minnesota 55345Tel: 612-597-0453www.45NorthLS.com45NorthLandSurveying@gmail.com SHEET 1 OF 1 TWP.117 RNG. 23. SEC.20 LEGAL DISTRIBUTION SUBMITAL/REVISION CERTIFICATION VICINITY MAP CERTIFICATE OF SURVEY PREPARED FOR: TONKA GROUP Original 12/09/22 EXISTING HARDCOVER House: 796 sq. ft.Garage: 601 sq. ft.Driveway: 496 sq. ft. Concrete:462 sq. ft. Total: 2,355 sq. ft. Hardcover %: 28.7 % Utilities: Underground utilities shown hereon are based on observed evidence together with evidence provided fromthe following sources: plans obtained from utility companies, plans provided by client, markings by utilitycompanies and other appropriate sources. We have used the information provided to develop a view of theunderground utilities for this site but do not warrant their exact location or current service.  A Gopher State OneCall was submitted for this survey. Please reference Ticket No. 223420974 Seasonal conditions may inhibit our ability to visibly observe all the utilities located on the subject property. PROPOSED HARDCOVER House:1150 sq. ft.Garage: 601 sq. ft.Driveway: 488 sq. ft. Retaining walls: 15 sq. ft. Steps: 60 sq. ft. Total: 2,314 sq.ft Hardcover %: 28.2 09/29/23 - Proposed Improvements/Hardcover 10/26/23 - Rev. to Prop. Improvements/HC 10/31/23 - Setbacks, Improvements, HC GROUND ELEVATION | > >> GATE VALVE SIGN LIGHT POLE SANITARY MANHOLE POWER POLE HYDRANT STORM MANHOLE STORM DRAIN - SQUARE STORM SEWER SANITARY SEWER COMMUNICATION UNDERGROUND FIBER OPTIC UNDERGROUND FENCE ~ AS DENOTED WATERMAIN ELECTRIC UNDERGROUND CONCRETE AC C COMM. PEDESTAL TRANS TRANSFORMER T TELEPHONE PEDESTAL U UTILITY PEDESTAL E ELECTRIC MANHOLE TELEPHONE MANHOLE UTILITY MANHOLE ELECTRIC METER GAS METER H HAND HOLE TELEPHONE UNDERGROUND GAS UNDERGROUND UTILITY UNDERGROUND LANDSCAPE LIGHT GUY WIRE TRAFFIC SIGNAL CL RAILROAD TRACKS T U E G G GAS MANHOLE SOIL BORING TREE CONIFEROUS TREE DECIDUOUS OVERHEAD UTILITY DRAIN TILE CTV ELC FO GAS TEL UTL OHU DT X X STMH SMH FLARED END SECTION SET RLS#40344 SET DRILLHOLE W/"X" CAST IRON MONUMENT CONTOUR EXISTING CONTOUR PROPOSED BITUMINOUS SANITARY CLEANOUT W WELL FOUND MON. AS DENOTED BASEMENT FLOOR ELEV. A/C UNIT WALKOUT ELEVATION FIRST FLOOR ELEVATION GARAGE FLOOR ELEVATION WOE FFE GFE LOWEST OPENING ELEV.LOE TOP OF FOUNDATION ELEV.TOF STORM DRAIN - ROUND CO INVERT ELEVATION INV= GAS VALVE COMM. CONNECTIONC BFE 972.5972.5~LEGEND ~ CURBSTOP W PROPOSED ELEVATIONx 972.5 x 972.5 FOUND PINCHED TOP FOUND RLS? SURVEY CONTROL POINT MONUMENTS NATURAL FEATURES UTILITIES/FEATURES SURFACES BUILDING FOUND NAIL FOUND DRILLHOLE FOUND JLM SECTION CORNER SET NAIL W LINE WORK WATER LINE ORDINARY HIGH WATER LINEOHW BUILDING SETBACK LINE BSBL GRAVEL PLAT DISTANCE MEASURED DISTANCE MEASUREMENTS (P) (M) COMPUTED DISTANCE (C) JOB#: 22-014 2/21/24 - New Building/Plan 93 Main Level Floor 975' - 7 1/4" Basement Level Flr 965' - 0 1/2" Basement Level Clg 973' - 10 1/2" Upper Level Floor 986' - 3 1/8" Main Level Clg 984' - 8 3/8" Upper Level Clg 994' - 4 1/4"APPROX. 8'-1 1/8"APPROX. 9'-1 1/8"APPROX. 8'-10"Flex Level Flr 970' - 9 7/8" Garage Clg 969' - 5 5/8" Garage Floor 961' - 0" Flex Level Clg 982' - 9 7/8"APPROX 12'-0"APPROX 8'-5 5/8"23'-1 1/2"25'-4 1/2" (BUILDING HEIGHT)10'-0"LINE OF 10' ABOVE LOWEST GRADE Main Level Floor 975' - 7 1/4" Basement Level Flr 965' - 0 1/2" Basement Level Clg 973' - 10 1/2"APPROX. 8'-10"Upper Level Floor 986' - 3 1/8" Main Level Clg 984' - 8 3/8"APPROX. 9'-1 1/8"Upper Level Clg 994' - 4 1/4"APPROX. 8'-1 1/8"Flex Level Flr 970' - 9 7/8" Garage Clg 969' - 5 5/8" Garage Floor 961' - 0"EXISTING 8'-5 5/8"Flex Level Clg 982' - 9 7/8"12'-0"31'-9 1/2"1'-0"NORTH PROPERTY LINESOUTH PROPERTY LINE10'-0"LINE OF 10' ABOVE LOWEST GRADE25'-4 1/2" (BUILDING HEIGHT)LINE OF EXIST'G ROOF AND OVERHANG OF EXISTING GARAGE 1'-4"20'-0 5/8"23'-10 1/8" 1/4" = 1'-0"A1 2 RIGHT SIDE ELEVATION 1/4" = 1'-0"A1 1FRONT ELEVATION OFFICE: (952) 746-7702 | CELL: (952) 994-6682E-MAIL: mikeb@behr-design.comSHEET NO.DATE:DRAWN BY: c 2024 BEHR DESIGN, INC.THIS DRAWING AND DESIGN LAYOUT IS PROTECTED UNDER STATE AND FEDERAL COPYRIGHT LAWS. IT MAY NOT BE REPRODUCED OR USED FOR ANY PURPOSE WITHOUT PRIOR WRITTEN CONSENT FROM BEHR DESIGN, INC.PROJECT FILE: BEHR DESIGN, INC. NOR ITS EMPLOYEES ASSUME ANY RESPONSIBILITY FOR VARIOUS CONSTRUCTION TECHNIQUES AND/OR QUALITY OF MATERIALS AND WORKMANSHIP. RESIDENTIAL DESIGNERS OR DRAFTSPERSONS ARE NOT ENGINEERS. BEHR DESIGN, INC. RECOMMENDS THAT A QUALIFIED, LICENSED STRUCTURAL ENGINEER BE RETAINED TO INSURE THE STRUCTURAL INTEGRITY OF ALL BUILDINGS. BEAMS AND STRUCTURAL MEMBERS SPECIFIED ON THESE PLANS ARE FOR BID PURPOSE ONLY AND SHOULD BE SIZED BY THE MANUFACTURERS ENGINEERING STAFF AND/OR A LICENSED ENGINEER. SIZES OF MATERIALS AND PRODUCTS SPECIFIED ON THESE PLANS REFLECT ACCEPTED INDUSTRY STANDARDS AND IN NO WAY INDICATE A SPECIFIC MANUFACTURER, UNLESS REQUESTED BY THE CLIENT. IN THE CASE OF DOORS AND WINDOWS, GENERIC SIZES ARE SPECIFIED UNLESS NOTED OTHERWISE AND IT IS ASSUMED THAT THE SUPPLIER WILL BID AND USE THE CLOSEST SIZE AVAILABLE. THE GENERAL CONTRACTOR AND/OR HOMEOWNER SHALL ASSUME FULL RESPONSIBILITY FOR THE CHECKING AND VERIFICATION OF DIMENSIONS, DETAILS, AND NOTES, AS WELL AS CONSTRUCTION TECHNIQUES, SPECIFICATIONS, STRUCTURAL AND/OR SAFETY REQUIREMENTS AND CONFORMITY TO ALL FEDERAL, STATE AND LOCAL BUILDING CODES, LAWS AND ORDINANCES. HOMES WHICH ARE TO BE CONSTRUCTED IN AREAS THAT ARE SUBJECT TO EXTRAORDINARY SEISMIC, WIND, SNOWFALL, COLD OR FLOOD ISSUES SHOULD BE ENGINEERED AND INSPECTED BY A CONSTRUCTION PROFESSIONAL FAMILIAR WITH THE PARTICULAR CONDITIONS OF THAT REGION. THESE PLANS SHALL REMAIN THE PROPERTY OF BEHR DESIGN, INC., SHALL NOT BE COPIED OR REPRODUCED WITHOUT THE WRITTEN CONSENT OF BEHR DESIGN, INC. OR THE CLIENT FOR WHICH THEY WERE PREPARED FOR.A1 Ext ElevationsTONKA GROUP2700 CASCO PTORONO, MNM. BEHR3/13/202424-CLPR E L I M I N A R Y NO T F O R C O N S T R U C T I O N (F O R B I D D I N G P U R P O S E S O N L Y ) A1 3 FRONT 3D VIEW 94 Main Level Floor 975' - 7 1/4" Basement Level Flr 965' - 0 1/2" Basement Level Clg 973' - 10 1/2" Upper Level Floor 986' - 3 1/8" Main Level Clg 984' - 8 3/8" Upper Level Clg 994' - 4 1/4"APPROX. 8'-10"APPROX. 9'-1 1/8"APPROX. 8'-1 1/8"Flex Level Flr 970' - 9 7/8"Garage Clg 969' - 5 5/8" Garage Floor 961' - 0" Flex Level Clg 982' - 9 7/8"12'-0"8'-5 5/8"23'-1 1/2"Main Level Floor 975' - 7 1/4" Basement Level Flr 965' - 0 1/2" Basement Level Clg 973' - 10 1/2" Upper Level Floor 986' - 3 1/8" Main Level Clg 984' - 8 3/8" Upper Level Clg 994' - 4 1/4"APPROX. 8'-1 1/8"APPROX. 9'-1 1/8"APPROX. 8'-10"Flex Level Flr 970' - 9 7/8" Garage Clg 969' - 5 5/8" Garage Floor 961' - 0" Flex Level Clg 982' - 9 7/8"23'-2 1/2"12'-0"8'-5 5/8"OFFICE: (952) 746-7702 | CELL: (952) 994-6682E-MAIL: mikeb@behr-design.comSHEET NO.DATE:DRAWN BY: c 2024 BEHR DESIGN, INC.THIS DRAWING AND DESIGN LAYOUT IS PROTECTED UNDER STATE AND FEDERAL COPYRIGHT LAWS. IT MAY NOT BE REPRODUCED OR USED FOR ANY PURPOSE WITHOUT PRIOR WRITTEN CONSENT FROM BEHR DESIGN, INC.PROJECT FILE: BEHR DESIGN, INC. NOR ITS EMPLOYEES ASSUME ANY RESPONSIBILITY FOR VARIOUS CONSTRUCTION TECHNIQUES AND/OR QUALITY OF MATERIALS AND WORKMANSHIP. RESIDENTIAL DESIGNERS OR DRAFTSPERSONS ARE NOT ENGINEERS. BEHR DESIGN, INC. RECOMMENDS THAT A QUALIFIED, LICENSED STRUCTURAL ENGINEER BE RETAINED TO INSURE THE STRUCTURAL INTEGRITY OF ALL BUILDINGS. BEAMS AND STRUCTURAL MEMBERS SPECIFIED ON THESE PLANS ARE FOR BID PURPOSE ONLY AND SHOULD BE SIZED BY THE MANUFACTURERS ENGINEERING STAFF AND/OR A LICENSED ENGINEER. SIZES OF MATERIALS AND PRODUCTS SPECIFIED ON THESE PLANS REFLECT ACCEPTED INDUSTRY STANDARDS AND IN NO WAY INDICATE A SPECIFIC MANUFACTURER, UNLESS REQUESTED BY THE CLIENT. IN THE CASE OF DOORS AND WINDOWS, GENERIC SIZES ARE SPECIFIED UNLESS NOTED OTHERWISE AND IT IS ASSUMED THAT THE SUPPLIER WILL BID AND USE THE CLOSEST SIZE AVAILABLE. THE GENERAL CONTRACTOR AND/OR HOMEOWNER SHALL ASSUME FULL RESPONSIBILITY FOR THE CHECKING AND VERIFICATION OF DIMENSIONS, DETAILS, AND NOTES, AS WELL AS CONSTRUCTION TECHNIQUES, SPECIFICATIONS, STRUCTURAL AND/OR SAFETY REQUIREMENTS AND CONFORMITY TO ALL FEDERAL, STATE AND LOCAL BUILDING CODES, LAWS AND ORDINANCES. HOMES WHICH ARE TO BE CONSTRUCTED IN AREAS THAT ARE SUBJECT TO EXTRAORDINARY SEISMIC, WIND, SNOWFALL, COLD OR FLOOD ISSUES SHOULD BE ENGINEERED AND INSPECTED BY A CONSTRUCTION PROFESSIONAL FAMILIAR WITH THE PARTICULAR CONDITIONS OF THAT REGION. THESE PLANS SHALL REMAIN THE PROPERTY OF BEHR DESIGN, INC., SHALL NOT BE COPIED OR REPRODUCED WITHOUT THE WRITTEN CONSENT OF BEHR DESIGN, INC. OR THE CLIENT FOR WHICH THEY WERE PREPARED FOR.A2 Ext ElevationsTONKA GROUP2700 CASCO PTORONO, MNM. BEHR3/13/202424-CL 1/4" = 1'-0"A2 1REAR ELEVATION 1/4" = 1'-0"A2 2 LEFT SIDE ELEVATION PR E L I M I N A R Y NO T F O R C O N S T R U C T I O N (F O R B I D D I N G P U R P O S E S O N L Y ) 95 UP UP BUNK RM 7'-6" 7'-6" 2'-5 1/2" 2'-6 1/4" 11'-3" UNDER CTR REFG MECH ROOM7'-2 1/2"EQEQMECH RM OFFICE: (952) 746-7702 | CELL: (952) 994-6682E-MAIL: mikeb@behr-design.comSHEET NO.DATE:DRAWN BY: c 2024 BEHR DESIGN, INC.THIS DRAWING AND DESIGN LAYOUT IS PROTECTED UNDER STATE AND FEDERAL COPYRIGHT LAWS. IT MAY NOT BE REPRODUCED OR USED FOR ANY PURPOSE WITHOUT PRIOR WRITTEN CONSENT FROM BEHR DESIGN, INC.PROJECT FILE: BEHR DESIGN, INC. NOR ITS EMPLOYEES ASSUME ANY RESPONSIBILITY FOR VARIOUS CONSTRUCTION TECHNIQUES AND/OR QUALITY OF MATERIALS AND WORKMANSHIP. RESIDENTIAL DESIGNERS OR DRAFTSPERSONS ARE NOT ENGINEERS. BEHR DESIGN, INC. RECOMMENDS THAT A QUALIFIED, LICENSED STRUCTURAL ENGINEER BE RETAINED TO INSURE THE STRUCTURAL INTEGRITY OF ALL BUILDINGS. BEAMS AND STRUCTURAL MEMBERS SPECIFIED ON THESE PLANS ARE FOR BID PURPOSE ONLY AND SHOULD BE SIZED BY THE MANUFACTURERS ENGINEERING STAFF AND/OR A LICENSED ENGINEER. SIZES OF MATERIALS AND PRODUCTS SPECIFIED ON THESE PLANS REFLECT ACCEPTED INDUSTRY STANDARDS AND IN NO WAY INDICATE A SPECIFIC MANUFACTURER, UNLESS REQUESTED BY THE CLIENT. IN THE CASE OF DOORS AND WINDOWS, GENERIC SIZES ARE SPECIFIED UNLESS NOTED OTHERWISE AND IT IS ASSUMED THAT THE SUPPLIER WILL BID AND USE THE CLOSEST SIZE AVAILABLE. THE GENERAL CONTRACTOR AND/OR HOMEOWNER SHALL ASSUME FULL RESPONSIBILITY FOR THE CHECKING AND VERIFICATION OF DIMENSIONS, DETAILS, AND NOTES, AS WELL AS CONSTRUCTION TECHNIQUES, SPECIFICATIONS, STRUCTURAL AND/OR SAFETY REQUIREMENTS AND CONFORMITY TO ALL FEDERAL, STATE AND LOCAL BUILDING CODES, LAWS AND ORDINANCES. HOMES WHICH ARE TO BE CONSTRUCTED IN AREAS THAT ARE SUBJECT TO EXTRAORDINARY SEISMIC, WIND, SNOWFALL, COLD OR FLOOD ISSUES SHOULD BE ENGINEERED AND INSPECTED BY A CONSTRUCTION PROFESSIONAL FAMILIAR WITH THE PARTICULAR CONDITIONS OF THAT REGION. THESE PLANS SHALL REMAIN THE PROPERTY OF BEHR DESIGN, INC., SHALL NOT BE COPIED OR REPRODUCED WITHOUT THE WRITTEN CONSENT OF BEHR DESIGN, INC. OR THE CLIENT FOR WHICH THEY WERE PREPARED FOR.A3 Basement PlanTONKA GROUP2700 CASCO PTORONO, MNM. BEHR3/13/202424-CL 1/4" = 1'-0"A3 1BASEMENT PLAN NOTES: 1.) ALL BRG. HEADERS ARE TO BE (2)-2x10 UNLESS NOTED OTHERWISE (UNO). 2.) OWNER/CONTRACTOR TO VERIFY ALL WINDOW & DOOR SIZES. 3.) OWNER/CONTRACTOR TO SPEC. ALL FLOORING MATERIAL. 4.) OWNER/CONTRACTOR TO VERIFY ALL DIMENSIONS. 5.) ALL BRG WALL WINDOW & DOOR OPNG'S WIDER THAN 60" REQUIRE (2) TRIMMERS MIN. UNDER EA. SIDE OF HEADER. 6.) (FL) - FLUSH BEAM, (DR) DROPPED BEAM 7.) ALL HEADERS ARE DROPPED UNLESS NOTED (FL) 8.) USE ENERGY HEEL HEIGHT ON ROOF TRUSSES. PR E L I M I N A R Y NO T F O R C O N S T R U C T I O N (F O R B I D D I N G P U R P O S E S O N L Y ) 96 UP7'-6"7'-6" DN OVEN/ MICRO 36" COOKTOP w/ HOOD ABOVEPANTRY PWDR KITCHEN UP 4'-0"20'-8 3/8"MECH CHASE 4'-4 3/4"UP 14'-6" 7'-3"7'-3" WALL LINE OF GARAGE BELOW 1'-6" WALL LINE OF GARAGE BELOW OFFICE: (952) 746-7702 | CELL: (952) 994-6682E-MAIL: mikeb@behr-design.comSHEET NO.DATE:DRAWN BY: c 2024 BEHR DESIGN, INC.THIS DRAWING AND DESIGN LAYOUT IS PROTECTED UNDER STATE AND FEDERAL COPYRIGHT LAWS. IT MAY NOT BE REPRODUCED OR USED FOR ANY PURPOSE WITHOUT PRIOR WRITTEN CONSENT FROM BEHR DESIGN, INC.PROJECT FILE: BEHR DESIGN, INC. NOR ITS EMPLOYEES ASSUME ANY RESPONSIBILITY FOR VARIOUS CONSTRUCTION TECHNIQUES AND/OR QUALITY OF MATERIALS AND WORKMANSHIP. RESIDENTIAL DESIGNERS OR DRAFTSPERSONS ARE NOT ENGINEERS. BEHR DESIGN, INC. RECOMMENDS THAT A QUALIFIED, LICENSED STRUCTURAL ENGINEER BE RETAINED TO INSURE THE STRUCTURAL INTEGRITY OF ALL BUILDINGS. BEAMS AND STRUCTURAL MEMBERS SPECIFIED ON THESE PLANS ARE FOR BID PURPOSE ONLY AND SHOULD BE SIZED BY THE MANUFACTURERS ENGINEERING STAFF AND/OR A LICENSED ENGINEER. SIZES OF MATERIALS AND PRODUCTS SPECIFIED ON THESE PLANS REFLECT ACCEPTED INDUSTRY STANDARDS AND IN NO WAY INDICATE A SPECIFIC MANUFACTURER, UNLESS REQUESTED BY THE CLIENT. IN THE CASE OF DOORS AND WINDOWS, GENERIC SIZES ARE SPECIFIED UNLESS NOTED OTHERWISE AND IT IS ASSUMED THAT THE SUPPLIER WILL BID AND USE THE CLOSEST SIZE AVAILABLE. THE GENERAL CONTRACTOR AND/OR HOMEOWNER SHALL ASSUME FULL RESPONSIBILITY FOR THE CHECKING AND VERIFICATION OF DIMENSIONS, DETAILS, AND NOTES, AS WELL AS CONSTRUCTION TECHNIQUES, SPECIFICATIONS, STRUCTURAL AND/OR SAFETY REQUIREMENTS AND CONFORMITY TO ALL FEDERAL, STATE AND LOCAL BUILDING CODES, LAWS AND ORDINANCES. HOMES WHICH ARE TO BE CONSTRUCTED IN AREAS THAT ARE SUBJECT TO EXTRAORDINARY SEISMIC, WIND, SNOWFALL, COLD OR FLOOD ISSUES SHOULD BE ENGINEERED AND INSPECTED BY A CONSTRUCTION PROFESSIONAL FAMILIAR WITH THE PARTICULAR CONDITIONS OF THAT REGION. THESE PLANS SHALL REMAIN THE PROPERTY OF BEHR DESIGN, INC., SHALL NOT BE COPIED OR REPRODUCED WITHOUT THE WRITTEN CONSENT OF BEHR DESIGN, INC. OR THE CLIENT FOR WHICH THEY WERE PREPARED FOR.A4 Main Floor PlanTONKA GROUP2700 CASCO PTORONO, MNM. BEHR3/13/202424-CL 1/4" = 1'-0"A4 1MAIN FLOOR PLAN NOTES: 1.) ALL BRG. HEADERS ARE TO BE (2)-2x10 UNLESS NOTED OTHERWISE (UNO). 2.) OWNER/CONTRACTOR TO VERIFY ALL WINDOW & DOOR SIZES. 3.) OWNER/CONTRACTOR TO SPEC. ALL FLOORING MATERIAL. 4.) OWNER/CONTRACTOR TO VERIFY ALL DIMENSIONS. 5.) ALL BRG WALL WINDOW & DOOR OPNG'S WIDER THAN 60" REQUIRE (2) TRIMMERS MIN. UNDER EA. SIDE OF HEADER. 6.) (FL) - FLUSH BEAM, (DR) DROPPED BEAM 7.) ALL HEADERS ARE DROPPED UNLESS NOTED (FL) 8.) USE ENERGY HEEL HEIGHT ON ROOF TRUSSES. BASEMENT LEVEL SQUARE FEET = 0000 sq ft MAIN LEVEL SQUARE FEET = 0000 sq ft UPPER LEVEL SQUARE FEET = 0000 sq ft TOTAL SQUARE FEET = 0000 sq ft GARAGE SQUARE FEET = 000 sq ft PR E L I M I N A R Y NO T F O R C O N S T R U C T I O N (F O R B I D D I N G P U R P O S E S O N L Y ) 97 DN 5'-0"4'-0"4'-0"14'-0"MASTER SUITE 11'-0"13'-5 3/4"2'-1 3/4"15'-7 1/2"11'-8 3/4"12'-3 1/4"3'-0"13'-10 3/4"5'-4 1/2"7'-4 1/4"24'-0"OFFICE: (952) 746-7702 | CELL: (952) 994-6682E-MAIL: mikeb@behr-design.comSHEET NO.DATE:DRAWN BY: c 2024 BEHR DESIGN, INC.THIS DRAWING AND DESIGN LAYOUT IS PROTECTED UNDER STATE AND FEDERAL COPYRIGHT LAWS. IT MAY NOT BE REPRODUCED OR USED FOR ANY PURPOSE WITHOUT PRIOR WRITTEN CONSENT FROM BEHR DESIGN, INC.PROJECT FILE: BEHR DESIGN, INC. NOR ITS EMPLOYEES ASSUME ANY RESPONSIBILITY FOR VARIOUS CONSTRUCTION TECHNIQUES AND/OR QUALITY OF MATERIALS AND WORKMANSHIP. RESIDENTIAL DESIGNERS OR DRAFTSPERSONS ARE NOT ENGINEERS. BEHR DESIGN, INC. RECOMMENDS THAT A QUALIFIED, LICENSED STRUCTURAL ENGINEER BE RETAINED TO INSURE THE STRUCTURAL INTEGRITY OF ALL BUILDINGS. BEAMS AND STRUCTURAL MEMBERS SPECIFIED ON THESE PLANS ARE FOR BID PURPOSE ONLY AND SHOULD BE SIZED BY THE MANUFACTURERS ENGINEERING STAFF AND/OR A LICENSED ENGINEER. SIZES OF MATERIALS AND PRODUCTS SPECIFIED ON THESE PLANS REFLECT ACCEPTED INDUSTRY STANDARDS AND IN NO WAY INDICATE A SPECIFIC MANUFACTURER, UNLESS REQUESTED BY THE CLIENT. IN THE CASE OF DOORS AND WINDOWS, GENERIC SIZES ARE SPECIFIED UNLESS NOTED OTHERWISE AND IT IS ASSUMED THAT THE SUPPLIER WILL BID AND USE THE CLOSEST SIZE AVAILABLE. THE GENERAL CONTRACTOR AND/OR HOMEOWNER SHALL ASSUME FULL RESPONSIBILITY FOR THE CHECKING AND VERIFICATION OF DIMENSIONS, DETAILS, AND NOTES, AS WELL AS CONSTRUCTION TECHNIQUES, SPECIFICATIONS, STRUCTURAL AND/OR SAFETY REQUIREMENTS AND CONFORMITY TO ALL FEDERAL, STATE AND LOCAL BUILDING CODES, LAWS AND ORDINANCES. HOMES WHICH ARE TO BE CONSTRUCTED IN AREAS THAT ARE SUBJECT TO EXTRAORDINARY SEISMIC, WIND, SNOWFALL, COLD OR FLOOD ISSUES SHOULD BE ENGINEERED AND INSPECTED BY A CONSTRUCTION PROFESSIONAL FAMILIAR WITH THE PARTICULAR CONDITIONS OF THAT REGION. THESE PLANS SHALL REMAIN THE PROPERTY OF BEHR DESIGN, INC., SHALL NOT BE COPIED OR REPRODUCED WITHOUT THE WRITTEN CONSENT OF BEHR DESIGN, INC. OR THE CLIENT FOR WHICH THEY WERE PREPARED FOR.A5 Upper Floor PlanTONKA GROUP2700 CASCO PTORONO, MNM. BEHR3/13/202424-CL 1/4" = 1'-0"A5 1UPPER FLOOR PLAN NOTES: 1.) ALL BRG. HEADERS ARE TO BE (2)-2x10 UNLESS NOTED OTHERWISE (UNO). 2.) OWNER/CONTRACTOR TO VERIFY ALL WINDOW & DOOR SIZES. 3.) OWNER/CONTRACTOR TO SPEC. ALL FLOORING MATERIAL. 4.) OWNER/CONTRACTOR TO VERIFY ALL DIMENSIONS. 5.) ALL BRG WALL WINDOW & DOOR OPNG'S WIDER THAN 60" REQUIRE (2) TRIMMERS MIN. UNDER EA. SIDE OF HEADER. 6.) (FL) - FLUSH BEAM, (DR) DROPPED BEAM 7.) ALL HEADERS ARE DROPPED UNLESS NOTED (FL) 8.) USE ENERGY HEEL HEIGHT ON ROOF TRUSSES. PR E L I M I N A R Y NO T F O R C O N S T R U C T I O N (F O R B I D D I N G P U R P O S E S O N L Y ) 98 City of Orono Hardcover Calculation Worksheet Property Address: Prepared by: Date: 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 Hardcover Item (Describe) Length x Width Total (Square Feet) (Example) (Garage) (24’ x 30’) (720 S.F.) A S.F. B S.F. C S.F. D S.F. E S.F. F S.F. G 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 Existing Hardcover S.F. Excludable Hardcover (See City Code Sec 78-1684): S.F. S.F. S.F. S.F. S.F. (2) Total Excludable Hardcover S.F. (3) Net Existing Hardcover [Subtract line (2) from line (1)]S.F. (4) Total Lot Area S.F. Existing Hardcover Percentage [ (3) ÷ (4) ] % 28.7 99 City of Orono Hardcover Calculation Worksheet Property Address: Prepared by: Date: 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 Hardcover Item (Describe) Length x Width Total (Square Feet) (Example) (Garage) (24’ x 30’) (720 S.F.) A S.F. B S.F. C S.F. D S.F. E S.F. F S.F. G 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 S.F. Excludable Hardcover (See City Code Sec 78-1684): S.F. S.F. S.F. S.F. S.F. (2) Total Excludable Hardcover S.F. (3) Net Proposed Hardcover [Subtract line (2) from line (1)]S.F. (4) Total Lot Area S.F. Proposed Hardcover Percentage [ (3) ÷ (4) ] % 60 2,314 2,314 28.2 100 Subject: 2700 Casco Point Road Construction To Whom It May Concern, We have spoken with Robert and Julie on multiple occasions regarding the status of the project at 2700 Casco point road. They have both been very proactive about keeping us informed. They have always updated us with any changes in the plans. We are supportive of what they are planning on creating there. We feel it will be an improvement to the neighborhood and is much better than what is there now. Regards, David & LuAnn Runkel 2684 Casco Point Road 101 Subject: 2700 Casco Point Road Construction To Whom It May Concern, We have spoken with Robert and Julie on multiple occasions regarding the status of the project at 2700 Casco point road. They have both been very proactive about keeping us informed. They have always updated us with any changes in the plans. We are supportive of what they are planning on creating there. We feel it will be an improvement to the neighborhood and is much better than what is there now. Regards, JeHrey Loehmann & Sara Johnson 2710 Casco Point Road 102 38 20-117-23 23 0001 GERALD ERICKSON SANDRA ERICKSON PO BOX 584 WAYZATA MN 55391 38 20-117-23 23 0002 ROBERT E BREON JULIE C BRANDSMA 2691 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 23 0003 BRYANT SLOSS KIMLOAN NGUYEN SLOSS 2695 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 23 0004 MARY C ENGER & MARK M ENGER 2697 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 23 0005 SHIRLEY A JUNGELS THOMAS J JUNGELS 7730 LOCHMERE TER EDINA MN 55439 38 20-117-23 23 0006 JOANN SUE GINKEL 2745 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 23 0007 MICHAEL G BASKFIELD SHARON J BASKFIELD 2755 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 23 0009 CITY OF ORONO P O BOX 66 CRYSTAL BAY MN 55323 38 20-117-23 23 0010 CITY OF ORONO P O BOX 66 CRYSTAL BAY MN 55323 38 20-117-23 23 0011 CITY OF ORONO P O BOX 66 CRYSTAL BAY MN 55323 38 20-117-23 23 0012 STEVEN M HARTMAN HEIDI L HARTMAN 2776 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 23 0017 MICHAEL MCANALLY STEFANIE MCANALLY 2795 CASCO PT RD ORONO MN 55391 38 20-117-23 23 0018 REED L LARSON 2773 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 23 0019 RICHARD A PUTNAM JANET L PUTNAM 2765 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 23 0020 ZHIHUA LIU & YING LIU 2677 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 23 0021 DAVID D GUTERMUTH LYNN J GUTERMUTH 2665 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 23 0022 ATRION FAIOLA & LISA FAIOLA 2659 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 24 0001 DAVID L RUNKLE 2684 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 24 0002 TODD M KIMMES 2660 CASCO PT RD WAYZATA MN 55391 38 20-117-23 24 0003 DAVID L RUNKLE 2684 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 24 0004 DAVID L RUNKLE 2684 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 24 0007 RANDALL L ENGELHART ELIZABETH A ENGELHART 2715 CAROLINE AVE WAYZATA MN 55391 38 20-117-23 24 0008 DONALD J & DAWN R HEBIG 2735 CAROLINE AVE WAYZATA MN 55391 38 20-117-23 24 0010 LANCE L & RHODA L VICKNAIR 2740 ETHEL AVE WAYZATA MN 55391 38 20-117-23 24 0013 BARBARA S O'REILLY 2700 ETHEL AVE ORONO MN 55391 38 20-117-23 24 0014 LAWRENCE D PILLAR 6827 CARDINAL COVE DR MOUND MN 55364 38 20-117-23 24 0015 TING FANG LIN 2725 ETHEL AVE WAYZATA MN 55391 38 20-117-23 24 0016 RYAN C GATES/MELISSA N LYON 2745 ETHEL AVE WAYZATA MN 55391 38 20-117-23 24 0017 KENNETH R SADDLER SHERALYN K SADDLER 2755 ETHEL AVE WAYZATA MN 55391 38 20-117-23 24 0018 DONNA L LILE 2765 ETHEL AVE WAYZATA MN 55391 103 38 20-117-23 24 0019 JUSTIN J HOLMERS MICHELLE N HOFFMAN 3800 CASCO AVE WAYZATA MN 55391 38 20-117-23 24 0020 JEFFREY A SCHUTT PIA E SCHUTT 2750 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 24 0021 JEFFREY LOEHMANN SARA JOHNSON 2710 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 24 0022 BREON IRREVOCABLE GRANTOR TR 2901 ROSEDALE AVE DALLAS TX 75205 38 20-117-23 24 0025 TAMERA ANNE PULVER 105 MEADOW LANE N GOLDEN VALLEY MN 55422 38 20-117-23 24 0029 DUSTIN J KINDL CASIE L KINDL 2649 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 24 0030 TIM HANSON 1270 ARBOR ST WAYZATA MN 55391 38 20-117-23 24 0033 ZIV & TAL LIBERMAN 2690 CAROLINE AVE ORONO MN 55391 38 20-117-23 24 0034 JONATHAN MARSHALLA 2696 CAROLINE AVE WAYZATA MN 55391 38 20-117-23 24 0039 JEANNE KOBS & MICHAEL KOBS 2648 CASCO PT RD WAYZATA MN 55391 38 20-117-23 24 0040 CATHERINE R & JOEL W SHOOP 2720 ETHEL AVE WAYZATA MN 55391 38 20-117-23 24 0044 JANET C KAUFFMANN 2696 ETHEL AVE WAYZATA MN 55391 38 20-117-23 24 0045 MARC COHEN 2697 ETHEL AVE WAYZATA MN 55391 38 20-117-23 24 0046 JOHN K CADLE/LESLIE G CADLE 2691 ETHEL AVE WAYZATA MN 55391 38 20-117-23 31 0003 JILL R & WILLIAM H KOCH II 3730 CASCO AVE WAYZATA MN 55391 38 20-117-23 31 0009 ALISA A MILLER 3753 CASCO AVE WAYZATA MN 55391 38 20-117-23 31 0010 PAUL J FUHRMAN COLLEEN FUHRMAN 3759 CASCO AVE WAYZATA MN 55391 38 20-117-23 31 0011 DEAN V GREIMANN 3779 CASCO AVE WAYZATA MN 55391 38 20-117-23 31 0066 DEAN V GREIMANN 3779 CASCO AVE WAYZATA MN 55391 38 20-117-23 31 0071 MARTI LYNN STEVEN ROBERT GOUDY 3750 CASCO AVE WAYZATA MN 55391 38 20-117-23 32 0017 TAMMY L WOODIS MARC BRICKMAN 2818 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 32 0018 COLBY G HAWLEY JENNA M HAWLEY 2794 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 32 0021 BRIAN SWANSON SAMANTHA ERIN SIMON 3799 CASCO AVE WAYZATA MN 55391 104 He nn epin Co u n ty L oc ate & N o tify Map 270 0 C a sco Pt R d 0 200 400100 Feet Da te : 2/2 2/20 24 Buffer Size:500Map Co mm e nts : Th is d ata (i) is furn ish ed 'AS IS' with no represen ta tion as tocompleteness or accuracy; (ii) is fu rn ish ed with n o warra nty of anykind; an d (iii) is n ot suitable for le ga l, eng ineerin g or surve yingpurposes. Hennepin County shall not b e liab le for a ny da ma ge , in ju ryor loss resu lting from this dat a. Fo r mo re inf ormation , co nta ct Hen ne pin Co un ty GI S Off ice300 6th S tree t So uth , Minn ea polis, MN 5 5487 / gis.in fo@h en ne pin.us 105 Page 1 of 2 March 16, 2024 City of Orono MN 2750 Kelly Parkway Orono, MN 55356 Natalie Nye / Planner nnye@oronomn.gov Ref: LA24-000012 2700 Casco Point Road No�ce Gree�ngs Natalie, Thankyou for mee�ng with my husband and myself at City Hall on Friday 3/15/24 regarding the above public no�ce. As I men�oned to you, we live immediately to the north side of the 2700 property. Our address is 2684 Casco Point Road and we own three PIDs - two of which (PID 2011723240001 and 2011723240004) connect to the 2700 property which has a PID of 2011723240022. The Tonka Group survey that you showed us has a “Alley” on the north side of the property which abuts our two referenced PID’s. We have a few concerns/requests to bring to your aten�on regarding the demoli�on of the current 2700 home and the construc�on of a new one on the same site: The “Alley” iden�fied on the survey is a mutual usage alley and needs to be maintained in the future. Our PID 2011723240004 is “land locked” and we need to have access to it via the “Alley” going forward. The “Alley” now has a massive amount of dirt and old discarded construc�on material covering the mid- sec�on from the eastern basement excava�on. This now blocks poten�al “Alley”access. Of most concern to us is erosion and spill over to our two PID’s. This should be remedied as soon as reasonably possible before rain washes it down on our PID’s. Again, when reasonably possible. 106 Page 2 of 2 Durning the 2700’s demo and construc�on period, we would NOT want our 2011723240001 property to become a construc�on parking lot or storage area for the 2700 build. We fought this batle when the property across from the 2700’s on Casco Point Road was under months of construc�on. Our 2011723240001 became ruted and abused and needed to be regroomed and replanted even when we had ‘No Parking’ stakes on it. A cleaned up “Alley” should poten�ally allow for the 2700’s construc�on trucks off Casco Point Parking with minimal inconvenience. Casco Point Road has been seeing many many remodels and new construc�on projects with contractors’ trucks and equipment driving on it. Poten�ally, the 2700’s contractor should u�lize a traffic controller firm to minimize conges�on and manage traffic safety when the work begins. Regards, LuAnn Runkle 2684 Casco Point Road Wayzata, MN 55391 Luann_runkle@msn.com 107 From:Dave Runkle To:Natalie Nye Cc:luann_runkle@msn.com Subject:LA24-000012 Application page 127 Date:Monday, March 18, 2024 11:21:08 AM Hi Natalie, My wife and I went on-line and viewed the above Orono MN Planning Commission packet for the 3/18/24 meeting and were surprised to read page 127 which had our names as signees. We are in disbelief that someone would fraudulently put our names to a document we had no knowledge existed until reviewing the packet We have never spoken to Julie Breon about the 2700 project as indicated on page 127 We have had a couple of casual by chance conversations with Robert Breon at our mail box on Casco Pt Rd when mowing our property or walking over several years We have never reviewed or discussed the 2700 project in detail with anyone except with you Natalie on Friday last week (20240316) The 2700 project has had several starts and stops after the sale of the property and various contractors have parked their trucks on our property which we oppose The issue of using our names falsely on page 127 does not bode well for our support of any requested variance Regards Dave Runkle 2684 Casco Point Road Wayzata, MN 55391-9722 dave_runkle@msn.com 612.868.4534 108 Date: March 18, 2024 Item: 5.5 Presenter: Laura Oakden, Community Development Director Section: Public Hearings Title: #LA24-000013, City of Orono Text Amendment: Phase 2 of the City’s Recodification of City Code (Laura Oakden) 1.Purpose: The City of Orono is proposing ordinance updates consisting of housekeeping edits, language updates, and clarification of existing City Code involving multiple chapters. 2.Background: Recodification is a process that includes a thorough and full legal review of the City’s municipal code to ensure that all provisions are comprehensive, lawful, and enforceable. To begin this process, Municode (the city’s code publication vendor) completed an initial chapter-by-chapter review. Orono staff took the results of the Municode review and over the past 18 months conducted our own chapter-by-chapter review of the code to include for updates. The Staff reviews were followed by review by the City Attorney. 3.Public Comment: No public comments have been submitted. 4.Staff Recommendation: Staff recommend the commission review the proposed ordinance changes, hold a public hearing and make a motion to recommend approval. 5.Planning Commission Action Requested: Planning Staff recommends approval of the amendments as drafted. AGENDA ITEM Exhibits Ex A. PCSR, LA24-000005, Recodification- Phase 2, Text Amendment,.docx Ex B. Recodification Tracking.docx Ex C. DNR Conditional Approval Letter Ex D. Chapter 94- Watercrafts on Long LAke.pdf Ex E. Sec._54_32.___Storage..pdf Ex F. Sec._78_1.___Definitions. (1)-LO AMENDED.pdf Ex G. Sec._78_1279.__ Placement_of_buildings_and_structures_on_lots.- LO.pdf Ex. H. Sec._78_1285.___Vegetation_alterations..pdf Ex. I Sec._78_1577.___Exterior_storage_in_R_districts. LO.pdf Ex J. Sec._78_1682.___Shared_driveways.pdf Ex K. Sec._78-1492-1510__OFF_STREET_PARKING_AND_LOADING.pdf 109 To:Chair Bollis and Planning Commission Members Adam Edwards, City Administrator From:Laura Oakden, Community Development Director Date:March 18, 2024 Subject:#LA24-000013, City of Orono Text Amendment: Phase 2 of the City’s Recodification of City Code Background Recodification is a process that includes a thorough and full legal review of the City’s municipal code to ensure that all provisions are comprehensive, lawful, and enforceable. It is recommended that a legal review of the municipal code be conducted every 10-15 years to address the needs of the City's stakeholders. The City Code was last republished in 2003. In 2022, the city initiated the current recodification project of the City Code. To begin this process, Municode (the city’s code publication vendor) completed an initial chapter-by-chapter review. Orono staff took the results of the Municode review and over the past 18 months conducted our own chapter-by- chapter review of the code to include for updates. The Staff reviews were followed by review by the City Attorney. Proposed Updates for review Changes to the zoning regulations within Chapters 78 and 82 require review by the Planning Commission at a public hearing prior to Council action. Modifications made to other Chapters of the Municipal Code will be brought directly to Council for their review and action. DNR Comment: Sections 78-1279 and 78-1285 within the Shoreland Overlay District were sent to the DNR for review, as required by Statute. The DNR provided a letter of conditional approval for the proposed amendments noting the changes are minor and the changes proposed in Section 78- 1285 provide clarification on the vegetation replacement standards. Planning commission should review the changes and provide feedback: Application Summary: The City of Orono is proposing ordinance updates consisting of housekeeping edits, language updates, and clarification of existing City Code involving multiple chapters. Staff Recommendation: Planning Department Staff recommends approval of the draft language as written. 110 LA24-000013 February 20, 2024 Page 2 of 2 Phase 2 Recodification Summary: Under Review Public Comments To date, no public comments have been received on the currently proposed amendments. Issues for Consideration 1. Does the Commission have issues or concerns with any of the proposed changes? Planning Staff Recommendation Planning Staff recommends approval of the amendments as draft CITY CODE SECTION PROPOSED CHANGE STATUS Chapter 94 – Regulations of Watercraft on Long Lake: 94-136 through 94-142 Housekeeping/correction of typos, Consistent language with City of Long Lake Ordinance. Tentative CC review on 04.08.24 Chapter 54 – Solid Waste: 54-32 Remove redundant and inconsistent language Tentative CC review on 04.08.24 Chapter 78- Zoning: 78-1 Adding Definitions that were moved from the Streets Chapter and recommended definitions from the Legal Review PC Public Hearing 78-1279 Add clarifying word to the definition of ALS PC Public Hearing 78-1285 Add clarifying Language and remove typos for Vegetation requirements PC Public Hearing 78-1577 Amending for clarifying and consistent language for exterior storage PC Public Hearing 78-1682 Add clarifying Language for shared driveways PC Public Hearing 78-1492 though 78-1510 Adding Language that was removed from the streets chapter to a consistent location within the parking chapter PC Public Hearing 111 Recodification Tracking CITY CODE SECTION PROPOSED CHANGE PHASE SCHEDULE STATUS Chapter 58 - Environmental: 58-1 Property Maintenance - updating the maximum grass height to match State Statute language 1 Public Hearing 02/20/24 COMPLETE 03/11/24 58-56 Updating language for consistency 1 Public Hearing 02/20/24 COMPLETE 03/11/24 58-63 Housekeeping/correction of typos 1 Public Hearing 02/20/24 COMPLETE 03/11/24 58-71 Housekeeping/correction of typos 1 Public Hearing 02/20/24 COMPLETE 03/11/24 Chapter 78 - Zoning Regulations: 78-5 Remove redundant language 1 Public Hearing 02/20/24 COMPLETE 03/11/24 78-230 through 78-420 Correction of typos within the side setback exceptions 1 Public Hearing 02/20/24 COMPLETE 03/11/24 78-1405 Add “Fence monument” definition and clarification 1 Public Hearing 02/20/24 COMPLETE 03/11/24 78- 1431 through 78-1440 Removal of the covenant requirement for Oversized Buildings and reorganizing the sections 1 Public Hearing 02/20/24 COMPLETE 03/11/24 78-1511 Clarifying off-street parking language 1 Public Hearing 02/20/24 COMPLETE 03/11/24 Chapter 86 - Building Regulations:COMPLETE 03/11/24 86-37 Adding a clarifying statement 1 Public Hearing 02/20/24 86-70 Rewording of the permit expiration language 1 Public Hearing 02/20/24 COMPLETE 03/11/24 Chapter 90 - Manufactured Homes: Entire chapter Deletion of chapter. This language is located in other areas of the City Code including Parking and Public Protection Chapters. The section is redundant. 1 Public Hearing 02/20/24 COMPLETE 03/11/24 112 Ecological and Water Resources 1801 South Oak Street Lake City, MN 55041 March 15, 2024 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 hereby approved, provided all of 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 February 28, 2024, for compliance with state shoreland rules (MR 6120.2500 – 6120.3900). Our conditional approval only applies to the specific sections listed below. • Section 78-1279 • Section 78-1285 Conditions of Approval The following conditions must be met before the DNR will issue final approval: 1. Correct the grammatical error noted in Section 78-1285 (a). 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. The city council adopts the amendment revised according to the listed conditions. 2. 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 113 3. We will review the amendment adopted by the city council for consistency with the above conditions. 4. 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 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, Megan Moore District Manager Attachments: Proposed Ordinance with DNR comments Ordinance Processing Checklist c: Wes Saunders-Pearce, DNR Area Hydrologist Ordinance.review.dnr@state.mn.us 114 Created: 2022-07-19 16:13:00 [EST] (Supp. No. 20, Update 2) Page 1 of 2 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: (1) Building, structure, and on-site sewerage system setbacks (in feet) from ordinary high water level: Public Water Classification Setbacks Building/Structure Sewage Treatment System Unsewered Sewered NE 150 150 150 RD 100 75 75 GD 75 75 75 Tributary 100 75 75 (2) Additional building and structure setbacks. The following additional setbacks apply, regardless of the classification of the water body: Setback from: Setback (in feet) Top of bluff 30 Unplatted cemetery 50 Right-of-way line of federal, state or county highway and local public and private roads 30* * Except for accessory buildings on lakeshore lots as regulated in this chapter and except for buildings and structures subject to less restrictive side yard adjacent to street setbacks as regulated in the various zoning districts. (3) Bluff impact zones. Buildings, structures and accessory facilities, except stairways, landings and lock boxes, must not be placed within bluff impact zones. (4) Uses without water-oriented needs. Uses without water-oriented needs must be located on lots or parcels without public waters frontage, or, if located on lots or parcels with public waters frontage, must either be set back double the normal ordinary high water level setback or be substantially screened from view from the water by vegetation or topography, assuming summer, leaf-on conditions. (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. (6) Average lakeshore setback. No principal or accessory building shall be located closer to the Ordinary High Water Line (OHWL) on a lakeshore lot 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. 115 Created: 2022-07-19 16:13:00 [EST] (Supp. No. 20, Update 2) Page 2 of 2 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. (Ord. No. 101 2nd series, § 1(10.56(16)(C)), 2-24-1992; Ord. No. 11 3rd series, § 1, 5-24-2004; Ord. No. 106 3rd series, § 28, 6-10-2013; Ord. No. 157 3rd series, § 1, 8-10-2015; Ord. No. 222 3rd series, § 19, 12-10-2018; Ord. No. 234 3rd series, § 1, 10-14-2019; Ord. No. 243 3rd series, § 2, 4-13-2020) 116 Created: 2023-02-03 16:30:24 [EST] (Supp. No. 20) Page 1 of 1 Sec. 78-1285. Vegetation alterations. (a) A tree within 75 feet of the shoreline of public waters identified in section 78-1217, or within the bluff impact zone, with a diameter of six inches or more (or 19 inches in circumference or greater) measured three feet above the ground may not be removed without first obtaining a permit from the city staff. Live trees removed within 75 feet of the shoreline shall be replaced at a similar setback from the OHWL as the removed tree, based on the following: (1) Trees less than 36 inches in diameter 1 inch of replacement tree per inch of tree diameter removed. (2) Trees greater than 36 inches in diameter, ½ inch of replacement tree per diameter inch of tree removed. (3) Replacement trees shall be at least 1.5 inches in diameter, and of a type approved by the city. Trees must be inspected by city staff prior to their removal. Removal of dead, diseased, or trees deemed hazardous by a certified arborist may not be removed without a permit from city staff. The removed tree(s) shall be replaced at a ratio of one tree per tree removed, regardless of size. The replacement tree shall be replanted at a similar setback from the OWHL as the removed tree and, be approved by the city administrator or designee. The city may solicit the review of the tree by an independent arborist, at the property owner's expense. Replacement trees shall be at least 1.5 inches in diameter. All replacement trees shall be a species native to Minnesota as listed on the Minnesota DNR’s Native Trees list. All replacement trees must be approved by the city. (b) Intensive vegetation clearing within 75 feet of the shoreline of public waters identified in section 78-1217, on steep slopes or within the bluff impact zone within the Shoreland Overlay District is prohibited. Limited clearing of shrubs and trees less than six inches in diameter and cutting, pruning, and trimming of trees of any size is allowed to provide a view to the water from the principal dwelling site and to accommodate the placement of permitted stairways and landings, picnic areas, access paths, beach and watercraft access areas, and permitted lockboxes, provided that the screening of structures, vehicles or other facilities as viewed from the water, assuming summer, leaf-on conditions, is not substantially reduced. (1) All intensive vegetation clearing, including the clearing of invasive species, shall require a permit from city staff and shall require the submittal of a revegetation plan acceptable to the city. The plan shall include erosion control measures if deemed necessary by the city. (Ord. No. 101 2nd series, § 1(10.56(16)(I)), 2-24-1992; Ord. No. 127 2nd series, § 7, 7-11-1994; Ord. No. 178 3rd series, § 14, 10-10-2016; Ord. No. 243 3rd series, § 2, 4-13-2020; Ord. No. 274 3rd series, § 1, 6-13-2022) 117 Title VI - LAND USE Chapter 94 - WATERWAYS ARTICLE IV. REGULATION OF WATERCRAFT ON LONG LAKE Orono, Minnesota, Code of Ordinances Created: 2022-07-19 16:13:10 [EST] (Supp. No. 20, Update 2) Page 1 of 2 ARTICLE IV. REGULATION OF WATERCRAFT ON LONG LAKE1 Sec. 94-136. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Lake means the lake known as Long Lake located in the cities of Orono and Long Lake, and designated as Lake Number 27016000 by the state department of natural resources. Operate. To navigate or otherwise use a watercraft. Personal watercraft means a motorboat that is powered by an inboard motor powering a water jet pump or by an outdoor or propeller-drive motor, and is designed to be operated by a person or persons sitting, standing, or kneeling on the craft, rather than in the conventional manner of sitting or standing inside a motorboat. Slow-no wake. The operation of a watercraft at the slowest possible speed necessary to maintain steerage, but in no case greater than five miles per hour. Watercraft. Any and all kinds or types of flotation vessels designed for use on the water, whether or not motorized, including, but not limited to boats, canoes, kayaks, rowing shells, sculls, jet skis, ski -doos, pedal craft, pontoon boats, inflatable crafts, tubes, or wind-propelled surf boards. (Ord. No. 201 3rd series, § 2, 11-13-2017) Sec. 94-137. Purpose, intent, application. The provisions of Minn. Stats. 86B, Water Safety and Watercraft, Minnesota Rule Parts 6110.0100— 6110.2300, boat and safety rules, are hereby incorporated herein and made a part of this article. (Ord. No. 201 3rd series, § 2, 11-13-2017) Sec. 94-138. Exempt personnel. All authorized resource management, emergency and enforcement personnel, while acting in the performance of their assigned duties, are exempt from restrictions of this article. (Ord. No. 201 3rd series, § 2, 11-13-2017) 1Editor's note(s)—Ord. No. 201 3rd series, § 1, adopted Nov. 13, 2017, repealed the former Art. IV, §§ 94-136—94- 143. Section 2 of said ordinance enacted a new Art. IV as set out herein. The former Art. IV pertained to similar subject matter and derived from Ord. No. 136 2nd series, §§ 1—7, adopted June 19, 1995; Ord. No. 123 3rd series, §§ 1, 2, adopted June 9, 2014. Formatted: Paragraph 2 Formatted: Paragraph 2 118 Created: 2022-07-19 16:13:10 [EST] (Supp. No. 20, Update 2) Page 2 of 2 Sec. 94-139. Enforcement. The enforcement of this article shall be the primary responsibility of the peace officers of the county sheriff's department or the Orono Police Department. Other licensed peace officers, including conservation officers of the state department of natural resources and volunteer members of the county water patrol, are also authorized to enforce this article. (Ord. No. 201 3rd series, § 2, 11-13-2017) Sec. 94-140. Penalties. Any person who shall violate any of the provisions of this article shall be guilty of a misdemeanor. (Ord. No. 201 3rd series, § 2, 11-13-2017) Secs. 94-141. Long Lake; special provisions. (a) Intent and purpose. It is the purpose of this section to regulate the operation and speed of watercraft on Long Lake. (b) Regulation. No person shall operate a watercraft at greater than slow-no wake speed on Long Lake whenever the water level exceeds 945.25 feet. The slow-no wake restriction shall remain in place until the lake level drops to 945.25 feet or below. (c) Exemptions. Authorized resource management, emergency and enforcement personnel, when acting in the performance of their duties, shall be exempt from the provisions of this ordinance. (d) Marking and posting of signs. The city staff of Long Lake and Orono shall be responsible for informing the public, posting notification at all public accesses, and marking or buoying areas affected by this ordinance as necessary to give reasonable notice of the speed restriction of this section. (e) Enforcement. Primary responsibility for the enforcement of this ordinance shall rest with the Hennepin County Sheriff's Department, including both licensed and special deputies. This, however, shall not preclude its enforcement by other licensed peace officers. (f) Violation and penalty. Any person who shall violate any of the provisions of this ordinance shall be guilty of a misdemeanor. Secs. 94-142.—94-180. Reserved. 119 Created: 2022-07-19 16:12:41 [EST] (Supp. No. 20, Update 2) Page 1 of 1 Sec. 54-32. Storage. (a) It is unlawful for any person to store refuse on residential dwelling premises for more than one week. All such storage shall be in five- to 50-gallon metal or plastic containers with tightfitting covers, which shall be maintained in a clean and sanitary condition. Tree leaves, weeds and grass clippings may be stored in plastic bags and tree limbs must be stored in bundles weighing no more than 75 pounds and no longer than four feet. (b) It is unlawful for any person to store refuse on multiple dwelling premises for more than one week. Such storage shall be in containers as for residential dwelling premises; except that containers, sometimes referred to as dumpsters, with closefitting covers may be substituted. (c) It is unlawful for any person to store refuse on commercial establishment premises for more than 48 hours. Such storage shall be in containers as for residential dwelling premises; except that containers, sometimes referred to as dumpsters, with closefitting covers may be substituted. (d) It is unlawful to store organic refuse unless it is drained and wrapped. (e) All refuse and garbage deposited in containers for pickup shall not be stored in the area between the street and the front plane of the house or garage on non-collection days or shall be must be kept within a building. or behind the most streetward portion of the principal or accessory building on the property which is closest to the street. the yard setback line for the district in which the property is located. Refuse must be deposited at one place, at ground level, on each property. Refuse containers must be returned and placed behind the yard setback lineto the storage location by the owner or tenant on the same day that the garbage or refuse is collected. The intent of this subsection is to allow only placement at the curb only on the evening prior to evening and the day of collection the garbage or refuse container to be in front of the yard setback line. (Code 1984, § 9.01(2)) 120 Created: 2022-07-19 16:12:49 [EST] (Supp. No. 20, Update 2) Page 1 of 10 Sec. 78-1. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Unless specifically defined in this section, the words and phrases used in this chapter shall have the meanings given to them in chapter 82. Accessory use, building, or structure means a use, building, or structure subordinate to and serving the principal use or building on the same lot and customarily incidental to the principal use or building. Agriculture means the utilization of land by raising plants, trees or shrubs or the raising of domestic animals or fowl, or both, for the purpose of selling to secure a profit. Airport and heliport mean any land, water or structure which is used or intended for use for the landing or takeoff of aircraft, and any appurtenant land structure used or intended for use for port buildings or other port structures or right-of-way. Alley means a public right-of-way which affords a secondary means of access to abutting property. Amusement center means a business at one location devoted primarily to the operation of amusement machines as described below and open for public use and participation; or locations with four or more amusements machines and open for public use and participation. Amusement machine means a mechanical amusement device of any of the following types: (1) A machine or electronic contrivance, including "pinball" machines, mechanical miniature pool tables, bowling machines, shuffle boards, electric rifle or gun ranges, miniature mechanical and electronic devices and games or amusements patterned after baseball, basketball, hockey or similar games and like devices, machines or games which may be played solely for amusement and not as a gambling device and which devices or games are played by the insertion of a coin or coins or at a fee fixed and charged by the establishment in which such devices or machines are located, and which contain no automatic payoff devices for the return of money, coins, merchandise, checks, tokens or any other thing or item of value; provided, however, that such machine may be equipped to dispense nominal prizes, such as candy or toys, or coupons or tokens redeemable for such prizes. The term does not include coin-operated music machines. (2) Amusement devices designed for and used exclusively as rides by children, such as, but not limited to, kiddie cars, miniature airplane rides, mechanical horses and other miniature mechanical devices, not operated as a part of or in connection with any carnival, circus, show, or other entertainment or exhibition. Animal unit means, for one animal unit equivalency, one cow or steer; one horse, donkey, alpaca, or llama; two pigs, three sheep or goats; or 25 fowl. Antenna means any of the following uses, which require an antenna and are subject to the regulations of this chapter: (1) Antenna, personal wireless service, means a device consisting of a metal, carbon fiber, or other electromagnetically conductive rods or elements, usually arranged in a circular array on a single supporting pole or other structure, and used for the transmission and reception of wireless communication radio waves, including cellular, personal communication service (PCS), enhanced specialized mobilized radio (ESMR), paging and similar services, including the support structure. (2) Antenna, radio and television receiving, means a wire, set of wires, metal or carbon fiber elements, other than satellite dish antennas, used to receive radio, television or electromagnetic waves, including the supporting structure. 121 Created: 2022-07-19 16:12:49 [EST] (Supp. No. 20, Update 2) Page 2 of 10 (3) Antenna, satellite dish, means a device incorporating a reflective surface that is solid, open mesh or bar configured and is in the shape of a shallow dish, cone, horn or cornucopia. Such device is used to transmit and/or receive radio or electromagnetic waves between terrestrially and/or orbitally based uses. This definition shall include but is not limited to what are commonly referred to as satellite earth stations, TVROs (television, receive only) and satellite microwave antennas and their support structures. (4) Antenna, shortwave radio transmitting and receiving, means a wire, set of wires or a device, consisting of a metal, carbon fiber, or other electromagnetically conductive element used for the transmission and reception of radio waves used for shortwave radio communications, including the supporting structure. Antenna support structure means any building or other structure other than a tower which can be used for location of antennas. Antenna tower means a self-supporting lattice, guyed or monopole structure constructed from grade which supports personal wireless service antennas. Apiary means a collection of hives or colonies of honeybees kept for their honey. Auto reduction yard means a lot or yard where two or more licensed motor vehicles or their remains are kept for the purpose of dismantling, sale of parts, sale as scrap, storage, or abandonment. Automobile repair, major, means general repair, rebuilding of trailers, including body work, framework and major painting service. Automobile repair, minor, means the replacement of any part or repair of any part which does not require the removal of the engine head or pin, engine, transmission or differential; incidental body and fender work; and minor painting and upholstering service when such service is applied to passenger automobiles and trucks not in excess of 7,000 pounds gross rating. Barber shops and beauty shops means a commercial establishment offering cosmetology services which may include hair cutting, coloring, or styling, make-up application or consultation, manicures, and pedicures, and/or which may offer therapeutic massage and body and/or facial treatments such as body packs or wraps, exfoliation, cellulite or heat treatments, body toning, waxing, tanning, aromatherapy, cleansing or medical facials, non-surgical face lifts and other non-surgical cosmetic procedures, electrical toning and electrolysis. Hydrotherapy and steam or sauna facilities, nutrition and weight management, and exercise instruction may be provided in conjunction with such therapeutic massage and body and/or facial treatments. Boardinghouse means a building other than a motel or hotel where, for compensation and by prearrangement for definite periods, meals or lodgings are provided for three or more persons, but not to exceed eight persons. Building means any structure having a roof which may provide shelter or enclosure of persons, animals or chattel; and when the structure is divided by party walls without opening, each portion of such building so separated shall be deemed a separate building. Building footprint means the outline of the total area covered by a building's perimeter at the ground level (to the block/foundation). (1) Carports, covered porches and other similar building features which have no exterior walls shall be included as part of a building footprint by drawing a straight line between the outer edges of all support structures (and the main building if applicable). (2) The outer edge of building protrusions, bay windows or other similar features that extend outward from a building and are less than four feet from the ground shall be considered as part of the building footprint. 122 Created: 2022-07-19 16:12:49 [EST] (Supp. No. 20, Update 2) Page 3 of 10 Building height means the vertical distance between the highest existing ground level or ten feet above the lowest ground level, whichever is lower, and the top of the cornice of a flat roof, or the deck line of a mansard roof, or the uppermost point on a round or other arch-type roof, or the median height of the highest gable of a pitched or hipped roof. Topographic changes which elevate the adjoining ground level above the existing terrain shall not be considered in determining building height. Bulk station means distributors' warehouses for materials which are stored in tanks above ground in aggregate capacity on the site of 6,000 gallons or more. Camp means a parcel of land with permanent buildings, tents or other structures together with appurtenances thereon, established or maintained as living quarters where both food and lodging or facilities therefore are provided for ten or more people, operated continuously for a period of five days or more each year for educational, recreational, or vacation purposes, and the use of the camp or participation in its programs are provided to adults and/or children free of charge or for payment of a fee. This definition does not include cabin and trailers camps, fishing and hunting camps, resorts, penal and correctional camps, industrial and construction camps, nor does it include homes operated for care or treatment of children and for the operation of which a license is required by state law or structures used as a dwelling. Carport means an automobile shelter having one or more sides open. Cellar means that portion of the building having more than half of the floor-to-ceiling height below the average grade of the adjoining ground. City means the City of Orono, Minnesota. Clean fill means all native soils as described in the Unified Soils Classification System. Organic, manmade and reprocessed materials, topsoil and rocks larger than 0.25 cubic yard (2.9 feet diameter) shall not be considered clean fill. Clinic for human care on an outpatient basis only means a place where a group of licensed medical practitioners provide medical treatment or advice on an outpatient only basis. Columbarium means a repository for the interment of cremated human remains within cinerary urns, including the burial of cremated human remains within cinerary urns or inurnment gardens for the burial or scattering of cremated human remains. Columbaria are accessory to places of worship, cemeteries or mausoleums. Commercial kennel means any premises where three or more domestic animals over six months of age are owned, boarded, bred or offered for sale. Commercial operations means operations where business is conducted by the sale or exchange of goods and/or services on the site for money or other valuable consideration. Commercial recreation means indoor amusement centers, bowling alleys, billiard halls, miniature golf, roller and ice skating rinks, driving ranges, movie theaters, gyms, swimming pools, and sports and health facilities. No commercial recreation use shall take place outside of an enclosed building. An air-supported structure shall not be considered a building for purposes of this section. As used in this ordinance, commercial recreation does not include an adult use defined in section 78-1377b., any use involving the discharge of a firearm, a class II restaurant that provides live entertainment, or any permitted or conditional use in the B-2 district. Commission means the planning commission. Cornice means any horizontal decorative molding that crowns a building or wall. County dock means a dock owned and operated by Hennepin County for the sole purpose of facilitating lake to ground transportation of patrons in emergency or law enforcement situations. 123 Created: 2022-07-19 16:12:49 [EST] (Supp. No. 20, Update 2) Page 4 of 10 Curb cut means the opening along a street curb line or pavement edge for the purpose of motor vehicle ingress and egress from a roadway. Curb cut width shall include the width of the driveway approach and of the curb returns, if any. Dog boarding means indoor overnight boarding services for more than three dogs aged greater than six months. Dog daycare means indoor daycare services for more than three dogs aged greater than six months. Dog grooming means a premises where pet grooming services such as bathing, teeth cleaning, haircuts, and nail polishing and trimming are provided. Driveway means a paved or otherwise delineated area on private property for the operation of automobiles and other vehicles. Dry buildable means that portion of the lot not encumbered by the waters of a duly recorded lake or river, wetlands, bluffs, or slopes steeper than 30 percent. Dwelling means a building or part of a building containing independent living, sleeping, housekeeping accommodations, and sanitary facilities for occupancy by one family, intended to be occupied exclusively for residence purposes, but not including rooms in motels, hotels, nursing homes, boardinghouses, nor trailers, tents, cabins or trailer coaches. A dwelling shall not be interpreted to include lodging rooms. Dwelling, attached, means a dwelling which is joined to another dwelling at one or more sides by a party wall or walls. Dwelling, detached, means a dwelling which is entirely surrounded by open space on the same lot. Engineered grade means the elevation of the ground, or any paving or sidewalk built upon it, which has been established on the basis of an engineered grading and drainage plan for the property that has been reviewed and approved by the city for the property. Essential services means the erection, construction, alteration, or maintenance of underground or overhead gas, electrical, steam, or water transmission or distribution systems, collection, communication, supply or disposal systems by public utilities, municipal or other governmental agencies, but not including buildings. Existing ground level means the elevation of the grade at the base of an existing structure, measured at points abutting the foundation wall, or the natural grade of a vacant lot or the engineered grade established by an approved grading plan at the time of final platting or Interim Use Permit. For conditional use permit. Family means any number of individuals generally, but not necessarily, related by blood or marriage, living together at one location maintaining a common household as a single, nonprofit housekeeping unit, as distinguished from a group occupying a boardinghouse or rooming house, hotel or motel. Family dwelling, multiple, means any structure made up of two or more attached dwellings. Farm animals means cattle, horses, mules, sheep, goats, llamas, alpacas, swine, ponies, ducks, geese, turkeys, chickens or guinea hens. Garage, private, means a detached accessory building or portion of the principal building, including a carport, which is used for storing passenger vehicles, and trailers. Guest apartment means a room or a set of rooms within a principal residence structure for the sole use of the occupants of the principal residence, including their domestic employees or their nonpaying guests, with at least one access door to the apartment from within the principal structure, such door being the primary access to the apartment. Guest house means adwellinga dwelling unit in a detached accessory building constructed on an existing undivided lot for the sole use of the occupants, including their domestic employees or their nonpaying guests, of Formatted: Block 1, Indent: First line: 0.33" Formatted: Block 1, Indent: First line: 0.33" Formatted: Font: Italic 124 Created: 2022-07-19 16:12:49 [EST] (Supp. No. 20, Update 2) Page 5 of 10 the primary dwelling. For the purposes of this chapter, a guest house is considered a dwelling unit if it meets all of the requirements of a dwelling unit outlined in the Minnesota State Building Code, as amended from time to time. These requirements include complete independent living facilities with permanent provisions for living, sleeping, eating, cooking, and sanitation. Hardcover means a hard surface that prevents or retards entry of water into the soil and causes water to run off the surface in greater quantities and at an increased rate of flow than prior to development. Hardcover shall include but not be limited to the following: all building footprints, driveways, sidewalks, stepping stones, retaining walls, patios, courts (sport, tennis, etc.), decks, pools, areas used for the extended outdoor storage of vehicles or equipment, and all other similar features or surfaces as determined by the city engineer or city planner. Home occupation means any gainful occupation carried out by the occupant of a residential dwelling unit that occurs within the principal or accessory building on the property and does not change the primary residential use of the property. Level 1 and level 2 home occupations shall be as defined in [section] 78-1376. Hotel means a building containing eight or more guest rooms in which lodging is provided with or without meals for compensation and which is open to transient or permanent guests or both, and where no provision is made for cooking in any guest room, and in which ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge. 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. Junkyard means an area where used, waste, discarded or salvaged materials are bought, sold, exchanged, stored, baled, cleaned, packed, disassembled or handled, including but not limited to scrap iron and other metals, paper, rags, rubber products, bottles and lumber. Storage of such material in conjunction with a permitted manufacturing process when within an enclosed area or building shall not be included. Library, public, means a library operated by Hennepin County; or a nonprofit library intended for use by the general public. Local Street means a residential street maintained by the City and which is not defined as a State Highway, County Highway, collector, arterial, or a Municipal State Aid street. Lot area means the area of a lot in a horizontal plane bounded by the lot lines, but not including any area occupied by the waters of a duly recorded lake or river or wetland or area which has been dedicated as public right-of-way. Lot, back, means a lot typically separated from a public or private road by another lot and which gains access to the public or private road via a narrow corridor. Such a separated lot is considered to be a back lot when the corridor is platted as an outlot. A separated lot is considered to be a flag lot when the corridor is platted as part of the lot. When the corridor is merely an easement over another lot, the separated lot is considered to be an easement back lot. Lot, corner, means a lot situated at the junction of, and abutting on, two or more intersecting streets, or a lot at the point of deflection in alignment of a continuous street, the interior angle of which does not exceed 135 degrees. Lot coverage means the total square footage of all building footprints and structures on a parcel. Lot depth means the mean horizontal distance between the front lot line and the rear lot line of a lot. Lot, front, means a lot abutting a public or private road, across which an outlot has been platted for access to a back lot. Lot, interior, means a lot other than a corner lot. Formatted: Block 1, Indent: First line: 0.33" 125 Created: 2022-07-19 16:12:49 [EST] (Supp. No. 20, Update 2) Page 6 of 10 Lot line means the property line bounding a lot; except that where any portion of a lot extends into the public right-of-way or a proposed public right-of-way, the line of such public right-of-way shall be the lot line. Lot line, front, means that boundary of a lot which abuts an existing or dedicated public or private street, and in the case of a corner lot it shall be the shortest dimension on a public or private street. If the dimensions of a corner lot are equal, the front lot line shall be designated by the owner and filed in the office of the building inspector. Lot line, rear, means that boundary of a lot which is opposite the front lot line. If the rear lot line is less than ten feet in length, or if the lot forms a point at the rear, the rear lot line shall be a line ten feet in length within the lot, parallel to and at the maximum distance from the front lot line. On a lakeshore lot, the rear lot line is the lot line that is opposite the natural ordinary high water mark at the lakeshore. Lot line, side, means any boundary of a lot which is not a front lot line or a rear lot line. Lot, lot of record, means any lot for which a deed or registered land survey has been recorded in the office of the Register of Deeds or the Registrar of Titles for Hennepin County prior to January 1, 1975, and after approval by the council if required. Lot, through, means a lot which has a pair of opposite lot lines abutting two substantially parallel streets, and which is not a corner lot. On a through lot, both street lines shall be front lot lines for applying this chapter. Lot width means the horizontal distance between side lot lines measured at the following locations: (1) For lots which do not abut a lake or tributary, at the rear of the required front yard, measured parallel to the front lot line. (2) For lots which abut a lake or tributary, at the shoreline measured in a straight line between the points at which the side lot lines intersect the OHWL, and at the required structure setback from the OHWL, measured in a straight line between the points of intersection of the side lot lines with the structure setback line. Manufactured home or mMobile home means any type of structure or vehicle which can be readily adapted to or does provide facilities for a person to eat or sleep which is mounted on wheels, has provisions for wheels, or may be loaded on an ordinary flatbed truck, such as a house trailer, converted bus or truck, tent or small building. Motor court, motor hotel, and motel mean a building or group of buildings other than a hotel used primarily as a temporary residence. Motor freight terminal means a building or area in which freight brought by motor truck or railroad is transferred and/or stored for movement in intrastate shipment by motor truck. Municipal buildings or facilities means only those structures owned and operated by the city. Natural grade means the elevation of the ground surface in its natural state, prior to excavation or filling. (used for [section] 78-1379 Alternative energy systems) Nonconforming structure means any structure legally existing upon January 1, 1975, which would not conform to the applicable regulations if the structure were to be erected under the provisions of this chapter. Nonconforming use means use of land, buildings or structures legally existing on January 1, 1975, which does not comply with all the regulations of this chapter or any amendments to it governing the zoning district in which such use is located. Noxious matter or materials means material capable of causing injury to living organisms by chemical reaction, or is capable of causing detrimental effects on the physical or economic well-being of individuals. Nursery, day, means a use where care is provided for pay for three or more children under kindergarten age for periods of four hours or more per day. 126 Created: 2022-07-19 16:12:49 [EST] (Supp. No. 20, Update 2) Page 7 of 10 OHWL means ordinary high water level Office means a commercial land use involving predominantly administrative, clerical, or professional operations. Commercial offices may include professional administrative training, but shall not include direct retail commercial transaction activities. Office—Showroom means a commercial land use that is comprised of offices and other indoor floor area in which large or bulk goods are both on display and being warehoused in the same space. Examples of such uses commonly include furniture, building materials, or other similar uses. Characteristics of such uses include a lack of other on-site warehousing. Office—Showroom shall not include direct, on-site retail transactions to the end consumer. Office—Warehouse means a commercial land use that is comprised of offices and other indoor space in which materials and equipment are being stored for shipping to other locations for eventual resale or use. Office— Warehouse does not include on-site retail transactions or display. Open sales lot means land devoted to the display of goods for sale, rent, lease or trade where such goods are not enclosed within a building. Outdoor storage means the keeping of materials or equipment on a parcel of land for the purpose of transporting, using or employing such materials or equipment at a future date at another location, either on- or off-site. The keeping of motorized vehicles for more than 24 hours, or other equipment that is not capable of self- powered movement (such as trailers), shall be included in this definition. Parking means the keeping of passenger automobiles and light trucks for a temporary period (usually less than 24 hours) in a space designated and improved for such use according to the requirements of the Zoning Ordinance. Parking does not include storage. Pasture means open, non-treed land containing vegetation which can support grazing by horses, cattle or other domestic animals. Calculations of minimum pasture acreage for the keeping of farm animals shall not include any land defined as a wetland or wetland buffer under section 78-1602. Performance standards means criteria established to control noise, odor, toxic or noxious matter, vibration, fire and explosive hazards, or glare or heat generated by or inherent in uses of land or buildings. Permeable lining (landscaping fabric) means a porous material used for weed prevention that allows storm water to permeate into the ground. Pervious paver means concrete, asphalt or similar blocks with holes of some kind that allow water to go through the surface into a specialized aggregate base—consistent of an open-graded aggregate—and into the soils below. Pervious surface means naturally occurring groundcover or a variety of types of pavement, pavers and other devices that provide stormwater infiltration while serving as a structural surface. Place of worship means a building or space that is principally used as a place where people of the same faith or religion regularly assemble for worship. Place of worship does not include community education or art centers, schools, instructional centers, daycare facilities, family day shelters, conservatories, convention centers, libraries, museums, residential dwellings, recreational and entertainment facilities, theaters or social service distribution facilities. Planning Commission means the City of Orono Planning Commission Public service structures means underground or overhead gas, electrical, steam or water transmission or distribution systems, collection, communication, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, traffic signals, hydrants or other similar equipment and accessories, but not including buildings or major structures located above ground level. Personal wireless services and commercial broadcasting antennas and towers shall not be considered public service structures. 127 Created: 2022-07-19 16:12:49 [EST] (Supp. No. 20, Update 2) Page 8 of 10 Restaurants (class I) means a restaurant in which food is served to the customer and consumed by him while seated at a counter or table, and the restaurant does not serve intoxicating liquor or provide live entertainment. Food is selected by a customer while going through a serving line and taken to a table for consumption. Restaurants (class II) means fast food convenience, drive-in and liquor service restaurants; a restaurant where a majority of customers order and are served their food at a counter in packages prepared to leave the premises, or to be taken to a table, counter, automobile or off the premises to be consumed; or a drive-in where most customers consume their food in an automobile regardless of how it is served; or restaurants which serve intoxicating liquor or have live entertainment. Retaining wall means a wall or similar structure designed and constructed to hold back and prevent lateral movement of earth or other landscaping materials. Riding academy means a building, structure or other facility which is used for the instruction and training in the care and handling of horses, mules, donkeys or ponies for a fee or other valuable consideration. Shelter, fallout or blast, means a structure or portion of a structure intended to provide protection to human life during periods of danger to human life from nuclear fallout, blasts, air raids, storms or other emergencies. Sign means any written announcement, declaration, demonstration, display, illustration, insignia or illumination used to advertise or promote the interest of any person when displayed or placed outside in view of the general public, and shall include every detached sign. Sign, advertising (billboard), means a sign which directs attention to a business, community service or entertainment not exclusively related to the premises where such sign is located or to which it is affixed. Sign, business, means a sign which directs attention to a business or profession conducted or to a commodity, service or entertainment sold or offered on the premises on which such sign is located or to which it is affixed. Sign, business, temporary, means a sign permitted for a limited period of time used to advertise or promote the interests of a single- or multi-use commercial or industrial use. A temporary sign may be attached to a principal structure or detached. Such signage shall include mobile/message board signs, banners and balloons that meet all applicable federal and state standards. Sign, flashing, means an illuminated sign on which the artificial light is not maintained stationary or constant in intensity and color at all times in which such sign is in use. Sign, gross area of, means the area within the frame, which shall be used to calculate the square feet; except that the width of the frame exceeding 12 inches shall constitute advertising space; or should such letters or graphics be mounted directly on a wall or fascia or in any such way as to be without a frame, the dimensions for calculating the square footage shall be the area extended six inches beyond the periphery formed around such letters or graphics bounded by straight lines connecting the outermost points; and each surface utilized to display a message or to attract attention shall be measured as a separate sign. Sign, illuminated, means any sign which has characters, letters, figures, designs or outline illuminated by electric lights or luminous tubes as a part of the sign proper. Sign, nameplate, means any sign which states the name or address or both of the business or occupant of the lot where the sign is placed or may be a directory listing the names, addresses and business of occupants. Sports and health facility means a facility where members or nonmembers pay a fee to use equipment or space for the purpose of physical exercise or training. A sports and health facility may include aerobics, weight training, muscular exercise programs, yoga, Pilates, court games, jogging, or other similar activities. It may provide as an accessory use personal services to patrons, including but not limited to therapeutic massage, tanning, saunas, and whirlpools. 128 Created: 2022-07-19 16:12:49 [EST] (Supp. No. 20, Update 2) Page 9 of 10 Stable or barn, private, means a building or structure used or intended to be used for the keeping of hoofed animals belonging to the occupant of the property, and kept for noncommercial purposes. Stable or barn, public, means a building or structure used or intended to be used for housing of horses, mules, donkeys or ponies which are owned by those other than the occupant of the property, where animals may be rented for a fee for riding purposes or where riding lessons may be provided. Stock farm means a parcel of land comprising an area of ten acres or more that is used to house and feed any number of farm animals when such farm animals are kept for profit. Stockpiling means on-site storage of ten cubic yards or more of soil and/or aggregate in a concentrated state where the material is intended to be distributed throughout the site or exported from the site. Street means a dedicated public right-of-way not less than 50 feet in width which affords a primary means of access to abutting property. Street or road, private, means any private way set aside as a permanent right-of-way for vehicular access 50 feet or more in width. Structure means anything which is built, constructed or erected, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner, which requires a location on, below or above the ground, land or water, or attached to something having a location on the ground, land or water. Study and research center means one or more structures, together with the land used in connection therewith, whether contiguous or standing separately, including any building used as a temporary or permanent residence, or a park, nature or playground area, owned or operated by one or more nonprofit charitable, scientific or educational organizations, and used primarily as a center for study, learning, research or educational oriented conferences. Use means the purpose or activity for which the land or building is designated, arranged or intended, or for which it is occupied, utilized or maintained, and shall include the performance of such activity as defined by the performance standards of this chapter. Use, conditional, means those occupations, vocations, skills, arts, businesses, professions or uses specifically designated in each zoning use district which, for their respective conduct, exercise or performance in such designated use districts, may require reasonable but special, peculiar, unusual or extraordinary limitations, facilities, or regulations in such use district for the promotion or preservation of the general public welfare, health, convenience or safety in such use and in the city and, therefore, may be permitted in such use district only by a conditional use permit, which is designed to meet the problem that arises where certain uses, although generally compatible with the basic use classification of a particular zone, should not be permitted to be located as a matter of right in every area included within the zone because of hazards inherent in the use itself or special problems which its proposed location may represent. Use, permitted, means a use which may be lawfully established in a particular district, provided it conforms with all requirements, regulations and performance standards (if any) of such districts. Use, principal, means the main use of land or buildings as distinguished from subordinate or accessory uses. A principal use may be either permitted or conditional. Use, secondary, means a use of land or of a building or a portion which is subordinate to and does not constitute the primary use of the land or building. Wholesale greenhouse means an area, building or structure used for the storage, cultivation or transplantation of live trees, shrubs or plants that are not offered for retail sales on the premises. Yard means a required open space on a lot, which is unoccupied and unobstructed by a structure from its lowest ground level to the sky except as expressly permitted in this chapter. A yard shall extend along a lot line and 129 Created: 2022-07-19 16:12:49 [EST] (Supp. No. 20, Update 2) Page 10 of 10 at right angles to such lot line to a depth or width specified in the yard regulations for the district in which such lot is located. Yard, front, means a yard extending across the front of a lot between the side yard lines and lying between the front street line of the lot and the required front yard setback line, which front yard shall be provided on both street frontages of corner lots and double-frontage lots. A lakeshore lot shall not be considered as having a front yard, but rather shall be considered as having a lakeshore yard on one side of the building and a rear yard on the other side of the building. Yard, lakeshore means a yard lying between the natural ordinary high water mark of a public water and a line parallel to it at the Shore Setback. Yard, rear, means a yard lying between the required rear yard setback line and rear line of the lot, for the full width of the lot. On a lakeshore lot, the rear yard shall be the yard which fronts on the street lying between the street line of the lot and the required rear yard setback line. Yard requirements means those requirements which relate exclusively to the size of yard areas when such are required within specific zoning districts. Yard, side, means a yard extending along the side lot line between the front and rear yards, having a width as specified in the yard regulations for the district in which such lot is located. Yard, side street, means a side yard abutting a side street. (Code 1984, § 10.02; Ord. No. 94 2nd series, § 1, 5-13-1991; Ord. No. 97 2nd series, § 1, 8-26-1991; Ord. No. 101 2nd series, § 2, 2-24-1992; Ord. No. 122 2nd series, § 1, 12-13-1993; Ord. No. 161 2nd series, § 1, 6-7-1997; Ord. No. 221 2nd series, § 2, 9-23-2002; Ord. No. 18 3rd series, §§ 1, 2, 9-27-2004; Ord. No. 28 3rd series, § 2, 8-22- 2005; Ord. No. 32 3rd series, § 1, 3-27-2006; Ord. No. 37 3rd series, §§ 1, 2, 2-12-2007; Ord. No. 47 3rd series, § 1, 7-28-2008; Ord. No. 52 3rd series, § 1, 11-24-2008; Ord. No. 68 3rd series, § 3, 2-8-2010; Ord. No. 75 3rd series, § 2, 7-12-2010; Ord. No. 79 3rd series, § 1, 11-8-2010; Ord. No. 82 3rd series, § 1, 12-13-2010; Ord. No. 90 3rd series, § 1, 12-12-2011; Ord. No. 94 3rd series, § 1, 9-24-2012; Ord. No. 100 3rd series, § 9, 2-25-2013; Ord. No. 106 3rd series, § 26, 6-10-2013; Ord. No. 139 3rd series, § 2, 2-23-2015; Ord. No. 150 3rd series, § 1, 6-8-2015; Ord. No. 156 3rd series, § 1, 8-10-2015; Ord. No. 160 3rd series, § 1, 11-9-2015; Ord. No. 167 3rd series, § 1, 4-11-2016; Ord. No. 170 3rd series, § 1, 6-13-2016; Ord. No. 173 3rd series, § 1, 6-27-2016; Ord. No. 206 3rd series, § 1, 5-14-2018; Ord. No. 222 3rd series, § 1, 12-10-2018; Ord. No. 243 3rd series, § 1, 4-13-2020; Ord. No. 254 3rd series, § 1, 2-8-2021; Ord. No. 257 3rd series, § 1, 5-10-2021; Ord. No. 264 3rd series, § 1, 11-22-2021) Cross reference(s)—Definitions generally, § 1-2. 130 Created: 2022-07-19 16:13:00 [EST] (Supp. No. 20, Update 2) Page 1 of 2 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: (1) Building, structure, and on-site sewerage system setbacks (in feet) from ordinary high water level: Public Water Classification Setbacks Building/Structure Sewage Treatment System Unsewered Sewered NE 150 150 150 RD 100 75 75 GD 75 75 75 Tributary 100 75 75 (2) Additional building and structure setbacks. The following additional setbacks apply, regardless of the classification of the water body: Setback from: Setback (in feet) Top of bluff 30 Unplatted cemetery 50 Right-of-way line of federal, state or county highway and local public and private roads 30* * Except for accessory buildings on lakeshore lots as regulated in this chapter and except for buildings and structures subject to less restrictive side yard adjacent to street setbacks as regulated in the various zoning districts. (3) Bluff impact zones. Buildings, structures and accessory facilities, except stairways, landings and lock boxes, must not be placed within bluff impact zones. (4) Uses without water-oriented needs. Uses without water-oriented needs must be located on lots or parcels without public waters frontage, or, if located on lots or parcels with public waters frontage, must either be set back double the normal ordinary high water level setback or be substantially screened from view from the water by vegetation or topography, assuming summer, leaf -on conditions. (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. (6) Average lakeshore setback. No principal or accessory building shall be located closer to the Ordinary High Water Line (OHWL) on a lakeshore lot 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 an d 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. 131 Created: 2022-07-19 16:13:00 [EST] (Supp. No. 20, Update 2) Page 2 of 2 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 buildi ng 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. (Ord. No. 101 2nd series, § 1(10.56(16)(C)), 2-24-1992; Ord. No. 11 3rd series, § 1, 5-24-2004; Ord. No. 106 3rd series, § 28, 6-10-2013; Ord. No. 157 3rd series, § 1, 8-10-2015; Ord. No. 222 3rd series, § 19, 12-10-2018; Ord. No. 234 3rd series, § 1, 10-14-2019; Ord. No. 243 3rd series, § 2, 4-13-2020) 132 Created: 2023-02-03 16:30:24 [EST] (Supp. No. 20) Page 1 of 1 Sec. 78-1285. Vegetation alterations. (a) No tree within 75 feet of the shoreline of public waters identified in section 78-1217, or within the bluff impact zone, with a diameter of six inches or more (or 19 inches in circumference or greater) measured three feet above the ground may not be removed without first obtaining a permit from the city staff. Live trees removed within 75 feet of the shoreline, shall be replaced based at a similar setback from the OHWL as the removed tree, based oin the following manner: (1) Trees less than 36 inches in diameter 1 inch of replacement tree per inch of tree diameter removed. (2) Trees greater than 36 inches in diameter, ½ inch of replacement tree per diameter inch of tree removed. (3) Replacement trees shall be at least 1.5 inches in diameter, and of a type approved by the city. Removal of trees that are dead shall not require a permit, but such tTrees must be inspected by city staff prior to their removal. Removal of dDead, diseased, or trees deemed hazardous by a certified arborist and removed may not be removed without a permit from city staff. The removed tree(s) shall be replaced at a ratio of one tree per tree removed, regardless of size. The replacement tree shall be replanted at the same lake yard ofat a similar setback from the OWHL as the removed tree and, be approved by the city administrator or designee. The city may solicit the review of the tree by an independent arborist, at the property owner's expense. Replacement trees shall be at least 1.5 inches in diameter. All replacement trees , and of a typeshall be a species native to Minnesota as listed on the Minnesota DNR’s Native Trees list. All replacement trees must be approved by the city. (b) Intensive vegetation clearing within 75 feet of the shoreline of public waters identified in section 78-1217, on steep slopes or within the bluff impact zone within the Shoreland Overlay District is prohibited. Limited clearing of shrubs and trees less than six inches in diameter and cutting, pruning, and trimming of trees of any size is allowed to provide a view to the water from the principal dwelling site and to accommodate the placement of permitted stairways and landings, picnic areas, access paths, beach and watercraft access areas, and permitted lockboxes, provided that the screening of structures, vehicles or other facilities as viewed from the water, assuming summer, leaf-on conditions, is not substantially reduced. (1) All intensive vegetation clearing, including the clearing of invasive species, shall require a permit from city staff and shall require the submittal of a revegetation plan acceptable to the city. The plan shall include erosion control measures if deemed necessary by the city. (Ord. No. 101 2nd series, § 1(10.56(16)(I)), 2-24-1992; Ord. No. 127 2nd series, § 7, 7-11-1994; Ord. No. 178 3rd series, § 14, 10-10-2016; Ord. No. 243 3rd series, § 2, 4-13-2020; Ord. No. 274 3rd series, § 1, 6-13-2022) Formatted: Tab stops: 0.31", Left + Not at 0.63" 133 Created: 2022-07-19 16:13:04 [EST] (Supp. No. 20, Update 2) Page 1 of 4 Sec. 78-1577. Exterior storage in R districts. In all R districts, it is the responsibility of the owner of any property, improved or unimproved, to maintain the outdoor areas; including courtyards and the like, of the property and adjacent rights -of-way in a manner that complies with the following requirements. All recreational vehicles, mobile homes, camping trailers, motor homes, pickup coaches, travel trailers, special mobile equipment, and utility trailers shall meet the requirements of this Code. Additionally, all exterior storage must comply with subdivision (6) of this section. (1) Definitions: a. Blight means a deteriorated condition, something that impairs or destroys. b. Junk means any cast-off, damaged, discarded, junked, obsolete, salvage, scrapped, unusable, worn-out or wrecked object, thing or material composed in whole or in part of asphalt, brick, carbon, cement, plastic, or other synthetic substance, fiber, glass, metal, paper, plaster, plaster of paris, rubber, terra cotta, wool, cotton, cloth, canvas, organic matter or other substance, regardless of perceived market value or requiring reconditioning in order to be used for its original purpose. c. Recreational vehicle. Mobile home andR recreational vehicle shall mean and include the following definitions, and shall not include any mobile home or manufactured housing unit bearing a State of Minnesota manufactured housing seal or certificate, for uses including but not limited to those listed below: 1. Camping trailer means a folding structure, mounted on wheels and designed for travel, recreation and vacation uses, also called a pop-up camper. 2. Motor home means a portable, temporary dwelling to be used for travel, recreation and vacation, constructed as an integral part of a self-propelled vehicle. 3. Pickup camper means a structure designed to be mounted on a truck chassis for use as a temporary dwelling for travel, recreation and vacation. 4. Travel trailer means a vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational and vacation uses, permanently identified as a travel trailer by the manufacturer of the trailer. d. Special mobile equipment means every vehicle not designed or used primarily for the transportation of persons or property and only incidentally operated or moved over a highway, including but not limited to: ditch digging equipment, moving dollies, pump hoists and other well - drilling equipment, street sweeping vehicles, and other machinery such as asphalt spreaders, bituminous mixers, bucket loaders, tractors other than truck-tractors, ditchers, leveling graders, finishing machines, motor graders, road rollers, scarifiers, earth-moving equipment. The term does not include travel trailers, dump trucks, truck-mounted transit mixers, truck-mounted feed grinders, or other motor vehicles designed for the transportation of persons or property to which machinery has been attached. e. Utility trailer means any motorless vehicle, other than a boat trailer or personal watercraft trailer, designed for carrying of snowmobiles, motorcycles, all- terrain vehicles, or property on its own structure and for being drawn by a motor vehicle but shall not include boat trailers, a trailer drawn by a truck-tractor semitrailer combination, or an auxiliary axle on a motor vehicle which carries a portion of the weight of the motor vehicle to which it is attached. f. Boat, for the purposes of this article, means any water craft required to be registered or licensed by the state of Minnesota, but excluding canoes, kayaks, paddle boards, or pedal boats. 134 Created: 2022-07-19 16:13:04 [EST] (Supp. No. 20, Update 2) Page 2 of 4 (2) [Parking regulated.] Parking of recreational vehicles, mobile motor homes and utility trailers shall be regulated as follows: a. It is unlawful for any person to park a mobile motor home or recreational vehicle upon public property for human habitation b. It is unlawful for any person to park or store a utility trailer, mobile motor home, recreational vehicle in any "R" district for more than 24 hours, except in a required side or rear yard at least five feet from any property line. c. It is unlawful to use a mobile motor home or recreational vehicle for human habitation on any private property for more than 72 hours without a permit from the city. (3) Vehicle storage. All vehicles parked or stored on any property within the city shall be operable and currently licensed. The parking of vehicles, other than recreational vehicles, in "R" districts is regulated as follows: a. Parking of vehicles other than recreational vehicles, with a maximum gross vehicle weight (GVW) of 14,000 pounds or less is allowed in all "R" districts. b. Parking of vehicles in "R" districts in excess of 14,000 pounds GVW has the potential to create negative impacts on the surrounding neighborhood. These impacts may include noise (from operation as well as maintenance of vehicle); vibration; glare; odors; soil/water contamination (from dripping, washing, etc.); hazards to pedestrians by way of proximity, especially on private roads; wear and tear on local or private roads; propensity to offload remaining cargo on site at end of day; and visual incompatibility with the character of a neighborhood. Such use may be acceptable under certain conditions in zoning districts where lot areas are generally two acres or larger. Therefore, parking of such vehicles requires each of the following conditions be met: 1. Property owner must be vehicle owner or operator. 2. Vehicle must be set back 50 feet from property lines. 3. Vehicle must not be visible from neighboring properties and public streets; vegetative screening is preferred. 4. Maintenance of said vehicle shall occur within an enclosed building. 5. The vehicle shall not constitute a nuisance at any time. 6. In a shared driveway situation, the applicant shall demonstrate that the appropriate easement exists. 7. Minimum lot size of five acres. For any property at least two acres but less than five acres in area, where it can be shown that prior to the effective date of this section such a vehicle was previously stored on a regular basis prior to and after January 1, 2004, a vehicle storage permit may be granted if the above conditions a. through f. are met, subject also to the following limitations: i. A vehicle storage permit may only be issued for properties within the RR-1B, RR-1A, and LR-1A zoning districts. ii. Such permit shall be granted only to the current property owner and only for the specific vehicle applied for. The current owner may replace the vehicle in kind, but shall not add other such vehicles. Any replacement vehicle must be registered with the city within 30 days to transfer its permitted status. 135 Created: 2022-07-19 16:13:04 [EST] (Supp. No. 20, Update 2) Page 3 of 4 iii. This permit shall not apply to subsequent property owners, subsequent property owners shall not be considered as having a grandfathered permit by virtue of their predecessor's permit. iv. This permit shall automatically and permanently expire if the vehicle storage is voluntarily discontinued for a period of one year. (4) [Storage of boats and boat trailers.] Boats, unoccupied boat trailers, and boats on trailers shall be subject to the following storage requirements when not stored for commercial purposes: a. Licensing, operability and restorations. All boats stored outside on a residential property shall be currently licensed to the owner or occupant of the property. All boats stored on a property shall be in operable condition. For the purposes of this section, Inoperable condition shall mean a boat lacking parts essential to operation, including but not limited to motor, propeller, battery; or having the interior, including the driver's position, used for storage in such a manner that no person can operate the vehicle. b. Principal residence required. No boat shall be stored on a property or on a group of contiguous commonly owned properties that does not contain a principle residence structure. c. Required setbacks. Boats, including trailered boats, and unoccupied boat trailers may be stored in any yard, provided that a five feet setback is provided. d. Screening. Screening is not required for outside boat storage when in conformance with this section. If boats are shrink wrapped, white is the preferred color but is not mandatory. e. Dispute resolution. Complaints regarding boats stored in lakeshore yards and potentially impacting a neighbor's views of the lake will be referred to a dispute resolution committee, consisting of the planning director, the building official, and a member of the planning and zoning staff. (5) [Prohibited parking or storage.] Outdoor parking or storage of special mobile equipment as defined in this section shall be prohibited in any "R" district. (6) Prohibited material storage. Any violation of this section is subject to abatement upon seven days' written notice to the owner of private premises on which such material is found or any conditions in violation of this code section exist. The owner of the property will be determined as shown by the records of the office of the county recorder. The city may remove such matter or correct any conditions in violation, and certify the cost of such removals or corrections as any other special assessment. Additionally, the city may also seek injunctive relief for violation of this section. Owners of private property shall remove and keep removed from all exterior areas of all residential properties the following items: a. Pest harborage. All exterior property shall be free from rodent harborage and infestation. Boxes, lumber, scrap metal, and similar materials shall not be allowed to accumulate outside a structure in a manner that attracts an infestation of pests. Materials permitted and approved for exterior storage shall be neatly stacked. b. Trash and debris. 1. All household garbage, offal, dead animals, animal and human waste, and waste materials. 2. Accumulations of litter, glass, scrap materials (such as wood, metal, paper, and plastics), junk, combustible materials, stagnant water, plastic bags or trash. 3. Accumulations of clothing and any other items not designed for outdoor storage. c. Non-trash items. 136 Created: 2022-07-19 16:13:04 [EST] (Supp. No. 20, Update 2) Page 4 of 4 1. Accumulations of wood pallets. 2. Accumulations of vehicle parts or tires. 3. All construction and building materials unless such materials are being used at the time in the construction of a building, in which case such construction must be permitted and on a continuous, uninterrupted basis. 4. All appliances or appliance parts. 5. All indoor or upholstered furniture of a type or material which is deteriorated by exposure to outdoor elements. 6. Brush piles exceeding 15 feet in diameter and six feet in height 76. All recycling materials except for reasonable accumulations, amounts consistent with a policy of regular removal, which are stored in a well-maintained manner according to Chapter 50 and Chapter 54. 78. All other non-trash items which: (i) Are of a type or quantity inconsistent with normal and usual use; or (ii) Are of a type or quantity inconsistent with the intended use of the property; or (iii) Are likely to obstruct or impede the necessary passage of fire or other emergency personnel. d. Fertilizer and burial of waste. No person shall leave, deposit, or cause to be placed on any private ground any garbage, sewage, waste, debris, carcass, or other substance or matter which is offensive or unhealthy by decomposition unless the same be buried at least three (3) feet under the surface of the ground; provided, that the use of manure and phosphorous free fertilizer in the normal course for agriculture or horticulture is permitted. (Code 1984, § 10.60(13); Ord. No. 206 2nd series, § 1, 9-10-2001; Ord. No. 4 3rd series, § 2, 11-11-2003; Ord. No. 21 3rd series, § 1, 11-8-2004; Ord. No. 29 3rd series, §§ 1—3, 10-24-2005; Ord. No. 256 3rd series, § 1, 5-10-2021) Commented [LO1]: Consistent with the Large Brush disposal fire parameters 137 Created: 2022-07-19 16:13:05 [EST] (Supp. No. 20, Update 2) Page 1 of 2 Sec. 78-1682. Shared driveways. Where one or more properties (referred to as secondary property) gain its driveway access from an adjacent property (a primary property) by virtue of a driveway easement, the following shall apply: (1) The portion of the shared driveway on the primary property that serves both primary and secondary property shall be considered hardcover for the primary property. (2) That portion of the driveway on the primary property that serves only secondary property shall not be considered hardcover for either primary orthe secondary property. Drawing 2 is included for illustrative purposes. Drawing 2: Driveway Easements 138 Created: 2022-07-19 16:13:05 [EST] (Supp. No. 20, Update 2) Page 2 of 2 (Ord. No. 94 3rd series, § 11, 9-24-2012) Formatted: Block 1 139 Title VI - LAND USE Chapter 78 - ZONING REGULATIONS ARTICLE X. - SUPPLEMENTARY REQUIREMENTS AND RESTRICTIONS DIVISION 5. OFF-STREET PARKING AND LOADING Orono, Minnesota, Code of Ordinances Created: 2023-02-03 16:30:26 [EST] (Supp. No. 20) Page 1 of 7 DIVISION 5. OFF-STREET PARKING AND LOADING1 Subdivision I. In General Sec. 78-1491. Generally. (a) Purpose of off-street parking and loading requirements. Regulation of off-street parking and loading spaces in this division is to alleviate or prevent congestion of the public right-of-way and so to promote the safety and general welfare of the public by establishing minimum requirements for off -street parking, loading and unloading from motor vehicles in accordance with the utilization of various parcels of land and structures. All applications for an occupancy certificate in all districts shall be accompanied by a site plan drawn to scale and dimensioned indicating the location of off-street parking and loading spaces in compliance with requirements of this division. (b) Application of parking rules in all districts. In addition to the regulations and requirements set forth elsewhere in this chapter, the provisions of this division regarding off-street parking shall apply to the required and nonrequired off-street parking facilities in all use districts. (c) Parking requirements waived for buildings under construction on September 14, 1967. Structures or uses for which a building permit has been issued prior to September 14, 1967, but for which work has not been completed shall be exempt from the parking requirements of this division if the structure is started within six months after September 16, 1967, and continues to completion. (d) Existing parking not to be reduced. Off-street parking spaces and loading spaces existing on September 14, 1967, shall not be reduced in number unless the number exceeds the requirements set forth in this division for a similar new use. (e) Floor area. The term "floor area" for the purpose of calculating the number of off -street parking spaces shall mean the net usable floor area of the various floors, devoted to retail sales, services, office spaces, processing and fabrication, exclusive of hallways, utility space and storage areas other than warehousing. (f) Seating facilities. In stadiums, churches and other places of public assembly in which patrons or spectators occupy benches, pews or other similar seating facilities, each 22 inches of such seating facility shall be counted as one seat for the purpose of determining required parking. (g) Size of parking spaces. Each parking space shall be not less than nine feet wide and 20 feet long, and each space shall be served adequately by access drives. For purposes of calculating parking space requirements, one parking space for one vehicle shall equal 300 square feet of storage and maneuvering are a, including access drives. (h) Commercial vehicle parking. Off-street parking accessory to residential use shall be subject to the provisions of section 78-1577. Additionally, vehicles in excess of 14,000 pounds GVW shall be subject to the provisions of section 78-1577(3)b. and no trailer in excess of 10,000 pounds GVW shall be parked or stored in a residential district except when loading, unloading or rendering a service. 1Cross reference(s)—Stopping, standing and parking generally, § 66-76 et seq. 140 Created: 2023-02-03 16:30:25 [EST] (Supp. No. 20) Page 2 of 7 (i) Location of parking. Required off-street parking in the R districts shall be on the same lot as the principal building. (Code 1984, § 10.61(4); Ord. No. 4 3rd series, § 1, 11-11-2003) Secs. 78-1492—78-1510. Reserved. Sec. 78-1492. Residential driveways, approaches and turnarounds. (a) AOne single driveway approach may not shall be allowed to serve more than a maximum of two (2) single residential lots fromto the same road. Lots defined as through lots or corner lots shall only be allowed a driveway approach to only one public road. There shall never be more than A maximum of two (2) driveway approaches shall be allowed on residential lots fronting on a local street. (b) A rResidential driveway approach must be at least shall be a minimum of 8 feet widein width, and shall neverot exceed be wider than 20 feet in width at the intersected right-of-way line. (c) For residences constructed after July 25, 1986, the driveway approach and driveway areas and that part of the driveway and turnarounds which drain to the road shall be paved with bituminous concrete blacktop or equivalent paving. This requirement does not shall not be construed to reduce paving otherwise required by performance standards in chapter 78 or standards required as a condition to the granting of a conditional use permit, lot division, subdivision or as designated in the approved site plan. (d) Driveway turnarounds areshall be required on all driveways or driveway approaches entering onto a state highway, county road, or collector roadway as determined in the comprehensive plan. Driveway turnarounds are required, and on all entrances to public roads within the city where deemed necessary by the City Engineer. The City Engineer shall make this determination, based on traffic counts, sight distances, street grades and other relevant factors. If a driveway turnaround is required by the City Engineer, such requirement shall be stated on any permit issued by him pursuant to this article. (e) All driveway improvements must meet the driveway standards outlined in City Code Chapter 18, Division 3 Driveway Standards. Sec. 78-1493. Business driveways, approaches and turnarounds. (a) Only one business driveway isshall be allowed per development unless a greater number of driveways are approved by the city, or are approved as part of the site plan review. The business driveway approach in a business or industrial district may not be wider than either shall not exceed the width of the access road or 32 feet at the property line, whichever is less, in a business or industrial district. The curb cut shall not exceed the width of the driveway approach at the property line by more than 20 feet, unless approved as part of a site plan. (b) All business driveways and driveway approaches shall be paved with asphalt , concrete, or equivalent material. (c) Loading docks, ramps, and vehicular entrances must be located so shall be located in such a manner that accessing such facilities will not require backinging onto orand maneuveringing within the road right-of-way. is eliminated and Loading docks, ramps, and vehicular entrances must be located in such a manner that driveways wider greater in width than permittedthat specified by this article willshall not be necessaryrequired. (e) Driveway turnarounds shall be required on all driveways or driveway approaches entering onto a state highway, county road or a collector roadway. Driveway turnarounds shall be requiredand on all entrances to 141 Created: 2022-07-19 16:12:32 [EST] (Supp. No. 20, Update 2) Page 3 of 7 roads within the city where deemed necessary by the City Engineer, based upon traffic counts, sight distances, street grades and other relevant factors. Such requirements shall be stated on any permit issued by the City Engineer pursuant to this article. (f) All dDriveways must be located at least ten feet from the side property line; however, of a parcel of land unless the a driveway that is shared by two parcels of land is exempt from this requirement.. (g) All driveway improvements must meet the driveway standards outlined in City Code Chapter 18, Division 3. Driveway Standards. Sec. 78-1494. Regulatory signs. For a driveway serving two or more lots, Aan address sign is required to be placed adjacent to anythe driveway serving two or more lots. The address signand must be visual when viewed from the right-of-way. The address sign shall conform to setback requirements within Orono’s Sign Code. Secs 78-1495- 78-1510- Reserved. Subdivision II. Parking Sec. 78-1511. Setbacks for parking. Required off-street parking in all districts shall meet the following setback requirements: (1) R districts. Within all R districts, all vehicles normally owned or kept by the occupants on the premises must have a garage stall or open parking space on the same lot as the principal use served. Garage stalls accessory to residential structures may be located anywhere on the lot other than a required yard area, except that such garages may be located to within ten feet of an interior side lot line and to within ten feet of a rear lot line subject to this chapter. Open parking spaces on lots must have a location other than a required yard, except that such parking may be located in a rear yard to within ten feet of an interior side lot line and to within ten feet of a rear lot line. (2) B districts. Within the B-2 district parking may not be allowed in any required yard or landscaping area. Within the B-1, B-3 and B-4 districts, parking spaces and/or garages shall be located in areas other than a required yard; except that parking may be located in a rear yard to within three feet of the rear or side lot line unless the rear or side lot line is in common with an R district; in which case the setback distance shall be the same as required for the R district. (3) I Industrial districts. All off-street parking spaces shall conform with the requirements of section 78-827 of the Zoning Ordinance. (Code 1984, § 10.61(5); Ord. No. 32 3rd series, § 6, 3-27-2006) Sec. 78-1512. Joint parking. (a) Required parking facilities serving two or more uses in the B district may be located on the same lot, provided that the total number of parking spaces so furnished shall be not less than the sum total of the separate requirements for each use and provided: (1) The proposed joint parking space is within 300 feet of the use it will serve; 142 Created: 2023-02-03 16:30:26 [EST] (Supp. No. 20) Page 4 of 7 (2) The applicants shall show that there is no substantial conflict in the principal operating hours of the two or more buildings or uses for which joint use of off-street parking facilities is proposed; and (3) A properly drawn legal instrument approved by the city attorney and executed by the parties concerned for joint use of off-street parking facilities shall be filed with the city clerk. This instrument may be a three or more party agreement, including the city. (b) Required parking facilities located within the I-Industrial district shall conform with the requirements of section 78-827 of this chapter. (Code 1984, § 10.61(6); Ord. No. 32 3rd series, § 7, 3-27-2006) Sec. 78-1513. Control of parking facilities. When required accessory off-street parking facilities are provided elsewhere than on the lot on which the principal use served is located, written authority for using such property for off-street parking shall be filed with the city so as to maintain the required number of off-street parking spaces during the existence of the principal use. No such parking facilities at its closest point shall be located more than 100 feet from the premises nor more than 300 feet from the principal use or building served. (Code 1984, § 10.61(7)) Sec. 78-1514. Storage prohibited. Required off-street parking space in all districts shall not be utilized for open storage of goods or for the storage of vehicles which are inoperable, for lease, rent or sale. (Code 1984, § 10.61(8)) Sec. 78-1515. Design and maintenance of parking areas. (a) Access. Parking areas shall be designed so as to provide an adequate means of access to a public alley or street. This driveway access shall not exceed 30 feet in width at the public walk centerline and shall be so located as to cause the least interference with traffic movement. All off-street parking spaces shall have access off driveways and not directly off a public street. (b) Fractional spaces. When the determining of the number of required off -street parking spaces results in a fraction, each fraction of one-half or more shall constitute another space. (c) Signs. Signs located in any parking area necessary for orderly operatio n of traffic movement shall be in addition to accessory signs otherwise permitted. (d) Surfacing. All of the area intended to be utilized for parking space and driveways for four or more vehicles shall be surfaced with material to control dust and drainage. (e) Lighting. If lighting is provided, it shall be accomplished in such a manner as to have no direct source of light visible from the public right-of-way or adjacent land. (f) Curbing. All open off-street parking areas designed to have head-in parking along any lot line shall provide a tire bumper or curb of adequate height and properly located to ensure that no part of any car will project beyond the required setbacks. (Code 1984, § 10.61(9)) 143 Created: 2023-02-03 16:30:26 [EST] (Supp. No. 20) Page 5 of 7 Sec. 78-1516. Required off-street parking. Except within the I-Industrial district, where the principal use of the structure served is as listed, the minimum parking facilities (open or enclosed) shall be as shown. Within the I-Industrial district, minimum parking facilities (open or enclosed) shall conform to section 78-827 of this chapter. (1) Single-family dwelling, two per dwelling unit. (2) Multiple dwelling, two per dwelling unit. (3) Motel, motor hotel, motor court or hotel, four, plus at least one for each guest room provided in the design of the building. (4) School, high school through college, at least one for each seven students based on design capacity, plus one for each three classrooms. (5) Churches, auditoriums, undertaking establishments, at least one for each four seats based on the design capacity of the main assembly hall. (6) Theater, athletic field, at least one for each six seats of design capacity. (7) Community center, post office, YMCA, YWCA, physical cultural studio, pool halls, libraries, private clubs, lodges, museums, ten, plus one for each 300 square feet of floor area in excess of 2,000 square feet of floor space in the principal structure. (8) Hospital, at least one for each three hospital beds. (9) Golf courses, country clubs, tennis clubs, public swimming pools, 20, plus one for each 300 square feet in excess of 1,000 square feet of floor space in the principal structure. (10) Day nurseries, four, plus one for each 500 square feet in excess of 1,000 square feet of floor space in the principal structure. (11) Office buildings and professional offices, banks, savings institutions, at least one for each 200 square feet of floor area. (12) Drive-in establishments, at least one for each 15 square feet of floor area in the building. (13) Bowling alley, at least six for each alley. (14) Motor service stations, at least three, plus two additional off-street parking spaces for each service stall. (15) Retail sales and service establishments, at least one for each 150 square feet of net floor area. (16) Restaurants, cafes, bars, taverns, nightclubs, at least one for each 80 square feet of public floor area. (17) Furniture store, appliance store, warehouse under 15,000 square feet of floor area, auto sales, grainhouses, kennels and studios, at least one for each 500 square feet in excess of the first 500 square feet of floor area in the principal structure. (18) Auto repair, major, bus terminals, taxi terminals, boat and marine sales and service, bottling companies, shop for trade (employing six people or less), garden supply stores, building materials sales, at least eight, plus one for each 800 square feet of floor area over 1,000 feet, including warehousing and all outside sales and storage area related to the sales and service functions. (19) Skating rinks, ski areas, dance halls, public auction houses, and similar recreational uses, at least 15, plus one for each 300 square feet of floor area over 1,000 square feet. 144 Created: 2023-02-03 16:30:26 [EST] (Supp. No. 20) Page 6 of 7 (20) Manufacturing, fabrication or processing of a product or material, at least four , plus one for each 800 square feet of building. One additional off-street parking space shall be provided for each 2,500 square feet or fraction thereof of land devoted to outside storage. (Code 1984, § 10.61(10); Ord. No. 32 3rd series, § 8, 3-27-2006) Secs. 78-1517—78-1535. Reserved. Subdivision III. Loading Sec. 78-1536. Application of loading rules to all districts. (a) Except for buildings and uses within the I-Industrial district, the regulations and requirements regarding off- street loading and unloading shall apply to the required and non required loading and unloading facilities in all the districts. If in the application of these requirements a fractional number is obtained, one loading space shall be provided for a fraction of one-half or more, and no loading space shall be required for a fraction of less than one-half. (b) Loading requirements within the I-Industrial district shall conform to section 78-828 of this chapter. (Code 1984, § 10.61(11); Ord. No. 32 3rd series, § 9, 3-27-2006) Sec. 78-1537. Location of loading berths. All loading berths shall be 25 feet or more from the intersection of two street right-of-way lines. Loading berths shall not occupy any yard requirement bordering a street. (Code 1984, § 10.61(12)) Sec. 78-1538. Size of loading berths. Unless otherwise specified, the first berth required shall not be less than 12 feet in width and 25 feet in length. Additional berths shall be as specified, but not less than 12 feet in width and 25 feet in length. All loading berths shall maintain a height of 14 feet or more. (Code 1984, § 10.61(13)) Sec. 78-1539. Access to loading berths. Each loading berth shall be located with appropriate means of access to a public street or alley in a manner which will least interfere with traffic. (Code 1984, § 10.61(14)) Sec. 78-1540. Surfacing of loading berths. All loading berths and accessways shall be improved with a durable material. (Code 1984, § 10.61(15)) 145 Created: 2023-02-03 16:30:26 [EST] (Supp. No. 20) Page 7 of 7 Sec. 78-1541. Storage prohibited. Any area allocated as a required loading berth or access drive, so as to comply with the terms of this division, shall not be used for the storage of goods or inoperable vehicles nor be included as a part of the area necessary to meet the off-street parking area. (Code 1984, § 10.61(16)) Sec. 78-1542. Required loading berths. Where the principal use of the structure served is as listed, the minimum number of loading berths shall be as shown: (1) Auditoriums, convention hall, public building, hospital, school, hotel, sports arena, at least one loading berth 25 feet in length for each building having 1,000 to 10,000 square feet of floor area. For buildings having 10,000 to 100,000 square feet of floor area, one additional loading berth 50 feet in length. (2) Retail sales and service stores, offices, at least one loading berth 25 feet in length for each building having 6,000 square feet of floor area or more, plus one additional loading berth 50 feet in length for buildings over 25,000 square feet up to 100,000 square feet. (3) Manufacturing, fabrication, processing and warehousing, at least one loading berth 25 feet in length for each building having 3,000 square feet or fraction thereof, plus one loading berth 50 feet in length for each 25,000 square feet of floor area up to 100,000 square feet, plus one loading berth for each 50,000 square feet of floor area over the first 100,000 square feet of floor area. The operator of t he business shall have the option to declare the length of the berths required for buildings above 100,000 square feet of floor area, except that half or more of the total number of berths required shall be 50 feet in length. (4) For other uses, there shall be provided adequate off-street loading space in connection with all structures which require receipt or distribution of materials by vehicles. (Code 1984, § 10.61(17)) Secs. 78-1543—78-1565. Reserved. 146 PUBLIC ATTENDANCE MEETING DATE Gc`3 y ❑ CITY COUNCIL PLANNING COMMISSION ❑ PARK COMMISSION ❑ OTHER Assistive Listening Device available upon request Please complete the following information for City Records Name (please print) 5 Address 6 '�o 14Aka w �-t i� Present for (from agenda) Name or Number l;hY - GY,cu,v q 6. �u �i� ►Z1�r7 ��� W� ��iv �:1t�ln J .� . L-A2-4 _Ca)oJ1 10. d 11 12.