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HomeMy WebLinkAbout05-20-2024 Planning Commission PacketAgenda Planning Commission Monday, May 20, 2024, 6:00 PM 2780 Kelley Parkway, Orono, MN 55356 952-249-4600 /oronomn.gov 1. Call to Order 2. Pledge of Allegiance 3. New Business 3.1. Oath of Office- Bob Erickson, Dennis Libby, Jon Ressler 4. Approval of Agenda 5. Approval of Minutes 5.1. Planning Commission Minutes of April 15, 2024 6. Public Hearings 6.1. #LA24-000017, Courtney Paulsen, 1090 Wildhurst Trl, Average Lakeshore Setback, Side Yard Setback, and Hardcover Variances, Public Hearing (Staff: Melanie Curtis) 6.2. #LA24-000022, Amy Yanik, 1355 Vine Place, Variance (Natalie Nye) 6.3. #LA24-000023, Joanna Heinen o/b/o Kasey Lynn Jones, 884 Dakota Avenue, Variances (Natalie Nye) 6.4. #LA24-000024, Revolution Design Build o/b/o Mary and David O’Keefe, 2980 Goldenrod Way, Lot Area Variance, Public Hearing (Laura Oakden) 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: May 20, 2024 Item: 3.1 Presenter: Laura Oakden, Community Development Director Section: New Business Title: Oath of Office- Bob Erickson, Dennis Libby, Jon Ressler 1.Purpose: Conduct the Oath of Office for Bob Erickson, Dennis Libby, Jon Ressler 2.Background: Bob Erickson, Dennis Libby, Jon Ressler are all current Planning Commissioners when their terms ending in March of 2024. They each requested another 3 year term as Planning Commissioners. The Council approved their reappointments. Each member should restate the Oath of Office under their updated appointment. Each member is on their 3rd and final term as Planning Commissioners. 3.Planning Commission Action Requested: Bob Erickson, Dennis Libby, Jon Ressler should state the Oath Of Office AGENDA ITEM Exhibits Oath of Office - 2024.pdf 2 OATH OF OFFICE OATH I, Bob Erickson, do solemnly swear that I will support the Constitution of the United States and the Constitution of the State of Minnesota, and that I will faithfully discharge the duties of the Office of Planning Commissioner of the City of Orono in the County of Hennepin, the State of Minnesota, to the best of my judgment and ability. ________________________________________________________________ Signature State of Minnesota ss. County of Hennepin Subscribed before me this 20th day of May, 2024 (stamp) _________________________________ Signature 3 OATH OF OFFICE OATH I, Dennis Libby , do solemnly swear that I will support the Constitution of the United States and the Constitution of the State of Minnesota, and that I will faithfully discharge the duties of the Office of Planning Commissioner of the City of Orono in the County of Hennepin, the State of Minnesota, to the best of my judgment and ability. ________________________________________________________________ Signature State of Minnesota ss. County of Hennepin Subscribed before me this 20th day of May, 2024 (stamp) _________________________________ Signature 4 OATH OF OFFICE OATH I, Jon Ressler , do solemnly swear that I will support the Constitution of the United States and the Constitution of the State of Minnesota, and that I will faithfully discharge the duties of the Office of Planning Commissioner of the City of Orono in the County of Hennepin, the State of Minnesota, to the best of my judgment and ability. ________________________________________________________________ Signature State of Minnesota ss. County of Hennepin Subscribed before me this 20 day of May, 2024 (stamp) _________________________________ Signature 5 6 Date: May 20, 2024 Item: 5.1 Presenter: Laura Oakden, Community Development Director Section: Approval of Minutes Title: Planning Commission Minutes of April 15, 2024 1.Purpose: Approve the Planning Commission Minutes of April 15, 2024 2.Planning Commission Action Requested: Approve the Planning Commission Minutes of April 15, 2024 AGENDA ITEM Exhibits 04.15.2024 Planning Commission Minutes.pdf 7 Minutes Planning Commission Regular Meeting Monday, April 15, 2024, 6:00 PM City Council Chambers 2780 Kelley Parkway, Orono, MN 55356 Page 1 of 4 Chair Bollis called the meeting to order at 6:00 p.m. 1. ROLL CALL Orono Planning Commission members present: Chair Chris Bollis, Commissioners Mark McCutcheon, Dennis Libby, Jon Ressler, Bob Erickson, Ted Schultze and Gary Kraemer. Staff present: Community Development Director Laura Oakden, City Planner Melanie Curtis, and City Planner Natalie Nye. 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF AGENDA Kirchner moved, Libby seconded, to approve the Agenda. VOTE: Ayes 7, Nays 0. 4. APPROVAL OF PLANNING COMMISSION MEETING MINUTES OF MARCH 18, 2024 Ressler moved, Schultze seconded, to approve the minutes of the Orono Planning Commission meeting of March 18, 2024. VOTE: Ayes 7, Nays 0. 5. PUBLIC HEARINGS 5.1. LA24-000006, SVEN GUSTAFSON, 1359 PARK DRIVE, VARIANCES. The Planning Commission is requested to review the Staff report, receive a presentation, and discuss and approve the request. The Planning Commission discussed the item and heard from staff and the applicant, Sven Gustafson, 153 Lake Street, Wayzata, and Susie and Bob Eastman, 1359 Park Drive. Chair Bollis opened the public hearing at 6:04 p.m. There were no public comments. Chair Bollis closed the public hearing at 6:04 p.m. Commissioners noted the plan to build a new home on a non-conforming lot actually reduced hardcover from the existing home so it was an improvement. Kirschner moved, Ressler seconded, to approve LA24-000006, 1359 Park Drive, Variances as applied. VOTE: Ayes 7, Nays 0. 5.2. LA24-000010, WESTWOOD PROFESSIONAL SERVICES o/b/o WAYZATA COUNTRY CLUB, 200 WAYZATA BLVD. WEST, INTERIM USE PERMIT 8 Minutes Planning Commission Regular Meeting Monday, April 15, 2024, 6:00 PM City Council Chambers 2780 Kelley Parkway, Orono, MN 55356 Page 2 of 4 The Planning Commission is requested to review the Staff report, receive a presentation, and discuss and approve the interim use permit for upgrading the golf course and cart paths. The Planning Commission discussed the item and asked questions of staff and the applicant, Jesse Trcka, Golf Course Superintendent at Wayzata County Club Chair Bollis opened the public hearing at 6:10 p.m. There were no public comments Chair Bollis closed the public hearing at 6:10 p.m. Commissioners agreed the request was pretty straightforward and they concurred with staff approval. David Sahlstrom, a golf course neighbor asked questions about the project after the public hearing. His questions concerning the new orientation of the 5th hole were answered by the applicant. Ressler moved, Libby seconded, to approve LA24-000010, Wayzata Country Club, Interim Use Permit. VOTE: Ayes 5, Nays 0, Abstain 2 (Kirchner and Schultze). Commissioners Kirchner and Schultze abstained due to membership at the Wayzata Country Club. 5.3. LA24-000015, PATRICK & ANNE SUTTER, 200 BIG ISLAND, VARIANCES. The Planning Commission is requested to review the Staff report, receive a presentation, and discuss and approve variances to construct a seasonal cabin with a septic system. The Planning Commission discussed the item and asked questions of staff and the applicants, Patrick and Anne Sutter, Minnetonka. Chair Bollis opened the public hearing at 6:22 p.m. There were no public comments. Chair Bollis closed the public hearing at 6:22 p.m. Commissioners noted the house is set at the narrower part of the lot even though the wider part is used for setbacks. The application request is reasonable. Erickson moved, Ressler seconded, to approve LA24-000015, 200 Big Island, Variances as applied. VOTE: Ayes 7, Nays 0. 5.4. LA24-000016, STEVE FISHER, 3339 CRYSTAL BAY ROAD, VARIANCES. The Planning Commission is requested to review the Staff report, receive a presentation, and discuss and deny the requested variances to construct an addition to the non-conforming existing house consisting of an additional garage bay with a screen porch and expanded driveway. Staff recommends the applicant explore the option of expanding the garage without an additional bay and without a second story. 9 Minutes Planning Commission Regular Meeting Monday, April 15, 2024, 6:00 PM City Council Chambers 2780 Kelley Parkway, Orono, MN 55356 Page 3 of 4 The Planning Commission discussed the item and asked questions of staff and the applicant, Steve Fisher, Tonka Bay, the builder on the project, and property owners, Jonathan and Theresa Hofer, 3339 Crystal Bay Rd. Chair Bollis opened the public hearing at 6:42 p.m. Paul Rehman, 3335 Crystal Bay Road, provided comments and concerns about the drainage. Chair Bollis closed the public hearing at 6:50 p.m. Commissioners said any plan on this site would require a stormwater plan. Commissioners were divided on the merits of the application, calling it a thoughtful design to address the property owners’ needs or too big of an ask for staff to approve. They said drainage to neighboring properties would need to be addressed. and asked about a smaller garage addition or a storage shed and discussed the increase in hardcover. Ressler moved, Kirschner seconded, to deny LA24-000016, 3339 Crystal Bay Road, Variances as applied. VOTE: Ayes 6, Nays 1 (Bollis). 6. OLD BUSINESS 6.1. LA23-000062, GRANITE COMPANIES LLC o/b/o TRAVIS & SARA WILDENBERG, 3838 CHERRY AVENUE, AFTER-THE-FACT CONDITIONAL USE PERMIT FOR LAKESHORE WALLS The Planning Commission is requested to review the Staff report, receive a presentation, and discuss and approve an after-the-fact conditional use permit for lakeshore walls. The Planning Commission reviewed this application in January and tabled it. Staff said the additional information requested had been provided. The Planning Commission discussed the item and asked questions of staff and the applicant, Travis Wildenberg, 3838 Cherry Ave. Commissioners said the applicants provided the information they had asked for. McCutcheon moved, Erickson seconded, to approve LA23-000062, 3838 Cherry Ave, Conditional Use Permit, as applied. VOTE: Ayes 7, Nays 0. 7. OTHER ITEMS Oakden updated the Commissioners noting the City Council acted on several items the Planning Commission had reviewed and concurred with Planning Commission recommendations. 8. ADJOURNMENT 10 Minutes Planning Commission Regular Meeting Monday, April 15, 2024, 6:00 PM City Council Chambers 2780 Kelley Parkway, Orono, MN 55356 Page 4 of 4 Ressler moved, Kirchner seconded, to adjourn the Planning Commission Meeting at 7:25 p.m. to May 20, 2024. VOTE: Ayes 7, Nays 0. ATTEST: _________________________________________ Christopher Bollis, Chair 11 Date: May 20, 2024 Item: 6.1 Presenter: Melanie Curtis, Planner Section: Public Hearings Title: #LA24-000017, Courtney Paulsen, 1090 Wildhurst Trl, Average Lakeshore Setback, Side Yard Setback, and Hardcover Variances, Public Hearing (Staff: Melanie Curtis) 1.Purpose: The purpose of this request is to review variances to construct a 250 square foot lakeside deck within the average lakeshore setback and side yard setback. A hardcover variance is also required. 2.MN§15.99 Application Deadline: The application was submitted on March 19, 2024 and considered to be complete on March 24, 2024. The 60-day review period will expire on June 23rd. 3.Background: The applicant is currently requesting re-approval of variances granted in 2021 relating to a new lakeside deck on the existing home. The proposed deck will be in line with the north side of the home at 2.6 feet and by the nature of the location will be entirely lakeward of the average lakeshore setback line. The hardcover currently exceeds the 25% limitation; the applicants are proposing a 122 square foot hardcover reduction resulting in 31% where 31.6% currently exists. An average lakeshore setback, side yard setback, and hardcover variances are requested. Please refer to the detailed staff report attached as Exhibit A for more information and practical difficulty analysis. 4.Staff Recommendation: After determining that practical difficulties supporting the requested variances are present, Staff recommends approval of the variances as requested. 5.Planning Commission Action Requested: Planning Commission should make a motion to recommend approval of the variances as applied. AGENDA ITEM Exhibits Exhibit A Staff Report and Analysis Exhibit B Application Exhibit C Practical Difficulty Exhibit D Proposed Survey - annotated Exhibit E PLANS 041924 Exhibit F Aerials Exhibit G Resolution #7214 Exhibit H Map_List Exhibit I Hardcover Calcs 12 Date Application Received: 03/19/2024 Date Application Considered as Complete: 04/24/2024 60-Day Review Period Expires: 06/23/2024 To: Chair Bollis and Planning Commission Members Adam Edwards, City Administrator From: Melanie Curtis, Planner mcc Date: 20 May 2024 Subject: #LA24-000017, Courtney Paulsen, 1090 Wildhurst Trl, Variances Public Hearing Background In 2021, the property owner received variance approvals to construct a 2nd story addition and lake side deck (Exhibit G). The variance approvals were extended until September 2023, and have since expired. The applicant requests re-approval of the variances granted in 2021 to construct a new lakeside deck on the existing home. The 2nd story addition has been put on hold. An average lakeshore setback, side yard setback, and hardcover variances are requested. The existing home is situated 2.6 feet from the north side lot line and entirely lakeward of the average lakeshore setback line. The proposed deck will be in line with the north side of the home at 2.6 feet and by the nature of the location will be entirely lakeward of the average lakeshore setback line. The hardcover currently exceeds the 25% limitation; the applicants are proposing a 122 square foot hardcover reduction resulting in 31% where 31.6% currently exists. Practical Difficulties Analysis Applicant Submittal Information: The applicant has identified the existing lot configuration, neighboring home locations, and their relationship to the lakeshore as practical difficulties supporting the requested variances. Additionally, they have provided supporting documentation regarding Practical Difficulties attached as Exhibit B, and should be asked for additional testimony regarding the application. Planning Staff Practical Difficulty Analysis: Staff finds the location of the applicant’s home, the neighboring (to the south) home’s setback from the lake, the curved shoreline, and the narrowness of the subject property create practical difficulties limiting improvement opportunities. Application Summary: The applicant requests a hardcover variance, side yard setback, and average lakeshore setback variances to construct a new lakeside deck. Staff Recommendation: Planning Department Staff recommends approval. 13 PC Exhibit A FILE #LA24-000017 20 May 2024 Page 2 of 5 LOT ANALYSIS WORKSHEET Section 78-330 & 78-1279 – Setbacks: LR-1B Required Existing Proposed Rear/Street 30’ 140’ No Change North Side 7.5’ 2.6’ 2.6’ new deck South Side 7.5’ 8.9’ No Change Lakeshore 75’ 91’ 82’ new deck Average Lakeshore The entire home is situated lakeward of the average lakeshore setback line. Section 78-330 – Lot Area/Width: LR-1B Lot Area Lot Width Required 43,560 s.f. (1.0 acres) 140’ Actual 20,622 s.f. (0.47 acre) 62’ @ 75’ / 61’ @ OHWL Section 78-1403 – Structural Building Coverage: Total Lot Area Total Structural Coverage 20,622 s.f. (0.47 acre) Allowed: 4,124.4 s.f. (20%) Existing: 2,972 s.f. (14.4%) Proposed: 2,996 s.f. (14.5%) Section 78-1700 – Hardcover Calculations: Stormwater Overlay District Tier Total Area in Zone Allowed Hardcover Existing Hardcover Proposed Hardcover Tier 1 20,622 s.f. 5,155.5 s.f. (25 %) 6,511 s.f. (31.6%) 6,389 s.f. (31%) Applicable Regulations: Side Yard Setback and Average Lakeshore Setback Variances (Code Section 78-330 & 78-1279) The existing home is situated 2.6 feet from the north side property line where a 7.5-foot setback is required. A new deck is proposed within the side yard setback and the average lakeshore setback. Hardcover Variance (Code Section 78-1700) Currently, the hardcover level of the property is 31.6% (6,511 square feet). The applicant’s proposal for 31% reflects a reduction of 122 square feet. 14 FILE #LA24-000017 20 May 2024 Page 3 of 5 Governing Regulation: Variance (Section 78-123) In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. §216C.06, subd. 14, when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. According to MN §462.357 Subd. 6(2) variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance. The requested hardcover variance (with proposed reductions), side setback, and average lakeshore setback variances are in harmony with the Ordinance. The existing home is currently lakeward of both neighbors. The neighbors have not indicated that the new deck will negatively impact their existing views of the lake and the project will result in a decrease of hardcover. 2. The variance is consistent with the comprehensive plan. The requested average lakeshore setback, side yard setback, and hardcover variances are consistent with the Comprehensive Plan. The deck results in a new average lakeshore setback encroachment beyond the existing footprint, however does not appear to further impact the adjacent neighbor’s views from the north side. 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 expand the existing nonconforming setback with the addition of a deck lakeward of the average lakeshore setback appears to be reasonable on this property as there is currently no deck on the home and due to the average lakeshore setback, there are no options for a conforming expansion of any portion of the home. The curved shoreline and extreme setbacks of the neighboring homes result in the existing non-conforming condition. The applicants have proposed hardcover removals. b. There are circumstances unique to the property not created by the landowner; The location of the existing home, the curved shoreline, and extreme setback location of the neighboring homes, and the existing hardcover are conditions not created by the landowners; and c. The variance will not alter the essential character of the locality. It does not appear that the requested average lakeshore setback variance for the deck will adversely impact views of the lake currently enjoyed by the adjacent property owners or alter the character of the locality. Further, the applicant’s 15 FILE #LA24-000017 20 May 2024 Page 4 of 5 proposed hardcover removals help to offset the new hardcover resulting from the deck. Additionally, City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination. 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 17, when in harmony with Orono City Code Chapter 78. This condition is not applicable. 6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located. This condition is not applicable, as residential improvements are allowed in the LR-1C District. 7. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. This condition is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The location of the existing improvements on the property, the orientation and extreme setback of the location of the neighboring homes, and existing hardcover are conditions unique to this property. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The location of the existing improvements on the property and the orientation and extreme setback of the home to the south are conditions unique to this property. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The existing home is nonconforming with respect to the average lakeshore and side yard setbacks. There are no options for a conforming expansion of the home’s footprint or volume upward that do not require variances. The variances are necessary. 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; nor will it be contrary to the intent of the Code. 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 line on this property eliminates the options for expanding and/or improving the home; the granting of the requested variance is necessary to alleviate a practical difficulty resulting from the location of the existing home in relation to the neighboring homes. The existing hardcover exceeds permitted levels; the applicants’ proposed removals will result in a 122 square foot reduction. 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. 16 FILE #LA24-000017 20 May 2024 Page 5 of 5 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 The applicant is requesting re-approval of the deck portion of the project approved in 2021. They have forgone the 2nd story addition at this time. The current deck plans are consistent with the approvals granted via Resolution 7214 (attached as Exhibit G). Staff recommends approval of the variances. 17 4/24/24, 3:42 PM Permit List | Citizenserve https://www3.citizenserve.com/Admin/PermitController?Action=ListPermits&WorkOrder_ID=88289712&ciDisplay=null&getPrint=true&skipLoading=true 1/1 Land Use Application Summary Application Date:03/19/2024 Address:1090 Wildhurst Trail Orono, MN 55364 Parcel Number:0711723240041 Land Use Number:LA24-000017 Application Submitted By:Property Owner Owner:Name: COURTNEY MARIE PAULSEN Address: CASEY LEE PAULSEN 1090 WILDHURST TR Applicant:Name: Courtney Paulsen Company: Address: 1090 Wildhurst Trail Orono, MN 55364 cmpaulsen@healthsourcechiro.com Contact Information:Associated Contact: Associated Contact: Associated Contact: Associated Contact: Project Description:Add a Deck 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: 18 PC Exhibit B 4/24/24, 3:43 PM Permit List | Citizenserve https://www3.citizenserve.com/Admin/PermitController?Action=ListPermits&WorkOrder_ID=88289712&ciDisplay=null&getPrint=true&skipLoading=true 1/2 PRACTICAL DIFFICULTIES DOCUMENTATION FORM LA24-000017 1. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter. Response: The deck will provide value to the current property owner and future owners as well as improve the value. The added hardcover that differs from a previous variance already granted will be negligible in what is added. 2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. Response: NA 3. The variance, if granted, will not alter the essential character of the locality. Response: NA 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: NA 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: NA 9. The conditions do not apply generally to other land or structures in the district in which said land is located. Response: NA 19 PC Exhibit C See pages 3-5 for more detail 4/24/24, 3:43 PM Permit List | Citizenserve https://www3.citizenserve.com/Admin/PermitController?Action=ListPermits&WorkOrder_ID=88289712&ciDisplay=null&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 deck will provide value to the current property owner and future owners as well as improve the value. The added hardcover that differs from a previous variance already granted will be negligible in what is added. 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: NA 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 deck will provide value to the current property owner and future owners as well as improve the value. The added hardcover that differs from a previous variance already granted will be negligible in what is added. 20 No Lake/Front Yard Setback: No Hardcover: Yes Lot Coverage: No Lot Area: No Lot Width: No Other: PRACTICAL DIFFICULTIES 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.: The requested hardcover level (with proposed reductions), side setback and average lakeshore setback variances are in harmony with the Ordinance. The existing home is entirely lakeward of the average lakeshore setback line. The neighbors have not indicated that the addition of the new deck will affect their views and/or enjoyment and use of their property. New hardcover from addition of deck will be offset by removals. 2. The variance is consistent with the comprehensive plan.: The requested average lakeshore setback, side yard setback and hardcover variance are consistent with the Comprehensive Plan. The deck results in a new average lakeshore setback encroachment beyond the existing footprint on the northeast corner of the home but does not extend past the cantilever living space that already exists on the south east corner of the home and does not appear to further impact the adjacent neighbors’ views from the north side. 3a. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter.: 21 The request to expand the volume of the existing nonconforming home with the addition of a deck lakeward of the average lakeshore setback appears to be reasonable on the Property as there are no options for conforming expansion of any portion of the home. The curved shoreline and extreme setbacks of the neighboring homes result in the existing non-conforming condition. The Applicant has proposed 122 square feet of hardcover removals to offset the new deck hardcover. 3b. The plight of the landowner is due to circumstances unique to his property not created by the landowner.: The location of the existing home, the curved shoreline, and the extreme setback location of the neighboring homes, ad existing hardcover are conditions not created by the landowners; and 3c. The variance, if granted, will not alter the essential character of the locality.: It does not appear that the requested average lakeshore setback variance to expand the home over the existing footprint will adversely impact views of the lake currently enjoyed by the adjacent property owners or alter the character of the locality as many of the homes in the neighborhood. Further the Applicant’s proposed hardcover removals will offset the new hardcover resulting from the deck. 4. Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter.: Economic considerations have not been a factor in the variance approval determination. 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.: This condition is not applicable. 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.: This condition is not applicable, as residential improvements are allowed 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 location of the existing improvements on the Property, the orientation and extreme setback of the location of the neighboring homes, and existing hardcover are conditions unique to the Property. 9. The conditions do not apply generally to other land or structures in the district in which said land is located.: 22 The location of the existing improvements on the Property and the orientation and extreme setback of the home to the south are conditions 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 existing home is nonconforming with respect to the average lakeshore and side yard setbacks. There are no options for a conforming expansion of the home’s footprint that do not require variances. The variances are necessary. 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.: Granting the requested variances will not adversely impact health, safety, comfort, or morals; nor will it be contrary to the intent of the Code. 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 line on the Property eliminates the options for expanding and/or improving the home; the granting of the requested variances are necessary to alleviate a practical difficulty resulting from the location of the existing home in relation to the neighboring homes. The existing hardcover exceeds permitted levels; the Applicant’s proposed removals will result in 122 square foot reduction. Survey (meeting all requirements): Proposed Plans (site, building elevations): Hardcover Calculations: See attached Septic System Site Evaluations Report: Sanitary Sewer and Water Plans: Wetlands: Minnehaha Creek Watershed District (MCWD) approval OR Documentation from MCWD stating no permit is required: Adjacent Property Owner' Acknowledgement: Both the Wooley’s (neighbors to the north) and Schoenzeit’s (neighbors to the south) are aware of the proposed deck addition and are in support of the addition. Narrative: Miscellaneous Upload: See zoomed in survey’s of both existing and proposed with supporting notes 23 24Proposed Proposed Deck +Stair See plans: Exhibit EExhibit D75.04 p 1MAINBASEMENTDATE:SQUARE FOOTAGEBY:THESE IDEAS, DESIGNS, DRAWINGSAND SPECIFICATIONS ARE ANDSHALL REMAIN THE EXCLUSIVECOPYRIGHT PROPERTY OF JENNYGRUENHAGEN. NO PART SHALL BEUSED, COPIED OR DISCLOSED INCONNECTION WITH ANY WORK ORPROJECT, OTHER THAN THESPECIFIED PROJECT FOR WHICHTHEY HAVE BEEN PREPARED,WITHOUT THE WRITTEN CONSENT OFJENNY GRUENHAGEN. JENNYGRUENHAGEN ASSUMES NORESPONSIBILITY FOR STRUCTURALOR DIMENSIONAL ERRORS OROMISSIONS. NO WARRANTIES AREEXPRESSED OR IMPLIED INCLUDINGCOMPLIANCE OF THIS PLAN WITHAPPLICABLE BUILDING CODEREQUIREMENTS. THE SELECTIONAND APPLICATION OF CORRECTSTRUCTURAL MATERIALS IS THERESPONSIBILITY OF THE BUILDER,THE OWNER, OR THE USER OFTHESE PLANS.UPPERJenny Gruenhagen128 Hazelwood Ave.Cologne, MN 55322(952) 466-9974Architectural Drafting & DesignGARAGEofSTORAGE/BONUSPORCH/DECKPLAN NUMBER:JGPaulsen Residence4/19/241090 Wildhurst Trail, Orono, MN 2H-2023-00925PC Exhibit EProposed Deck 2MAINBASEMENTDATE:SQUARE FOOTAGEBY:THESE IDEAS, DESIGNS, DRAWINGSAND SPECIFICATIONS ARE ANDSHALL REMAIN THE EXCLUSIVECOPYRIGHT PROPERTY OF JENNYGRUENHAGEN. NO PART SHALL BEUSED, COPIED OR DISCLOSED INCONNECTION WITH ANY WORK ORPROJECT, OTHER THAN THESPECIFIED PROJECT FOR WHICHTHEY HAVE BEEN PREPARED,WITHOUT THE WRITTEN CONSENT OFJENNY GRUENHAGEN. JENNYGRUENHAGEN ASSUMES NORESPONSIBILITY FOR STRUCTURALOR DIMENSIONAL ERRORS OROMISSIONS. NO WARRANTIES AREEXPRESSED OR IMPLIED INCLUDINGCOMPLIANCE OF THIS PLAN WITHAPPLICABLE BUILDING CODEREQUIREMENTS. THE SELECTIONAND APPLICATION OF CORRECTSTRUCTURAL MATERIALS IS THERESPONSIBILITY OF THE BUILDER,THE OWNER, OR THE USER OFTHESE PLANS.UPPERJenny Gruenhagen128 Hazelwood Ave.Cologne, MN 55322(952) 466-9974Architectural Drafting & DesignGARAGEofSTORAGE/BONUSPORCH/DECKPLAN NUMBER:JGPaulsen Residence4/19/241090 Wildhurst Trail, Orono, MN 2H-2023-00926Proposed Lower FloorProposed Main Floor - New Deck13.83 ft 27 ALS Line Exhibit F 28 Subject Property 29 30 23 August 2022 Courtney Paulson 1090 Wildhurst Trl Mound, MN 55356 RE: Original Variance File #LA21-000048; Resolution No. 7214 Approval Extension File #LA22-000044 By Resolution No. 7214, the Orono City Council granted approvals for average lakeshore setback, hardcover, and side yard setback for the property addressed 1090 Wildhurst Trail (File #LA21-000048). We have received your request dated August 16, 2022 for an extension of the approval which was to expire on September 13, 2022. Pursuant to City Code Section 78-129 staff may grant a 12-month extension of the approval granted by Resolution No. 7214. Because nothing has changed since the time of the original request approval your extension approval has been granted. Your variance will now expire on September 13, 2023. The terms and approvals granted in Resolution No. 7214 (attached) still apply. Any subsequent request for an additional 12-month extension beyond September 13, 2023 must be received at least 60 days prior to the new expiration date. Please note, this additional 12-month extension will be at the discretion of the City Council. Please contact me at 952.249.4627 or at mcurtis@ci.orono.mn.us if you have any questions. Sincerely, CITY OF ORONO Melanie Curtis Planner Attachment 31 PC Exhibit G Variance Extension 32Resolution 33 34 35 36 37 38 39 40 41 42 43 44 45 He nn epin Co u n ty L oc ate & N o tify Map 109 0 W i ld hurs t 0 200 400100 Feet Da te : 3/2 0/20 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 46 PC Exhibit H 38 07-117-23 13 0206 CITY OF ORONO P O BOX 66 CRYSTAL BAY MN 55323 38 07-117-23 13 0211 CITY OF ORONO PO BOX 66 CRYSTAL BAY MN 55323 38 07-117-23 13 0214 CITY OF ORONO P O BOX 66 CRYSTAL BAY MN 55323 38 07-117-23 13 0216 RITA JANE ZEBECK 4658 CARLTON DUNES DR #14 AMELIA ISLAND FL 32034 38 07-117-23 13 0217 PETER J RYSKAMP LISA M V RYSKAMP 1000 WILDHURST TR MOUND MN 55364 38 07-117-23 24 0005 SUSAN JACOBSON 4445 FOREST LAKE LANDING ORONO MN 55364 38 07-117-23 24 0007 BRIAN D RASMUSSEN SANDRA J RASMUSSEN 1186 WILDHURST TR MOUND MN 55364 38 07-117-23 24 0011 ROBIN E WOOLEY & LORI WOOLEY 1080 WILDHURST TR MOUND MN 55364 38 07-117-23 24 0015 THOMAS D BARTA JANICE BARTA 100 3RD AVE S #1705 MINNEAPOLIS MN 55401 38 07-117-23 24 0016 AMY SULLIVAN-TEELE 4450 FOREST LAKE LANDING MOUND MN 55364 38 07-117-23 24 0017 JOE WELU 4440 FOREST LAKE LANDING MOUND MN 55364 38 07-117-23 24 0027 PAUL GRAVES & LAURA GRAVES 8634 VALLEY VIEW CT CHANHASSEN MN 55317 38 07-117-23 24 0029 ANDREA J YANKOUPE 1085 WILDHURST TR MOUND MN 55364 38 07-117-23 24 0030 EILEEN M ROBERTS 1045 WILDHURST TRAIL MOUND MN 55364 38 07-117-23 24 0031 VIOLETTA KORABEL IGOR KORABEL 1035 WILDHURST TRAIL ORONO MN 55364 38 07-117-23 24 0032 JACOB J GOERGEN APRIL L WILL 15675 DARLING PATH ROSEMOUNT MN 55068 38 07-117-23 24 0034 CITY OF ORONO P O BOX 66 CRYSTAL BAY MN 55323 38 07-117-23 24 0035 CITY OF ORONO P O BOX 66 CRYSTAL BAY MN 55323 38 07-117-23 24 0036 CITY OF ORONO ATTN CITY ADMINISTRATOR PO BOX 66 ORONO MN 55323 38 07-117-23 24 0037 SANFORD & MARGARET ERIKSON 4455 FOREST LAKE LANDING MOUND MN 55364 38 07-117-23 24 0038 JON D BLACKSTONE 4465 FOREST LAKE LANDING MOUND MN 55364 38 07-117-23 24 0040 STEVEN E PRAWER 8313 W FRANKLIN ST LOUIS PARK MN 55426 38 07-117-23 24 0041 COURTNEY MARIE PAULSEN CASEY LEE PAULSEN 1090 WILDHURST TR MOUND MN 55364 38 07-117-23 24 0042 LOREN F SCHOENZEIT 4480 FOREST LAKE LANDING MOUND MN 55364 38 07-117-23 24 0044 MICHAEL S WEAR 1134 WILDHURST TR MOUND MN 55364 38 07-117-23 24 0045 CORY PLOEN & BRENDA PLOEN 1006 WILDHURST TR MOUND MN 55364 38 07-117-23 24 0046 MARY ELLEN KAPPES 1074 WILDHURST TR MOUND MN 55364 38 07-117-23 24 0047 TIMOTHY & LORIE LINE 4415 FOREST LAKE LANDING MOUND MN 55364 38 07-117-23 24 0050 BANK OF AMERICA N A C/O PHH MORTGAGE CORP 1661 WORTHINGTON RD #100 WEST PALM BEACH FL 33409 38 07-117-23 24 0051 PAUL WEISZ CAROLYN WEISZ 1131 WILDHURST TR MOUND MN 55364 47 48 PC Exhibit I 49 Date: May 20, 2024 Item: 6.2 Presenter: Natalie Nye, Planner Section: Public Hearings Title: #LA24-000022, Amy Yanik, 1355 Vine Place, Variance (Natalie Nye) 1.Purpose: The applicant is requesting an average lakeshore setback variance for a deck replacement. 2.MN§15.99 Application Deadline: The application was received on April 17, 2024 and deemed complete on April 19, 2024. The 60- Day timeline for review expires on June 18, 2024 3.Background: The applicant is proposing to replace a nonconforming lakeside deck. The existing deck is in disrepair and is completely in front of the average lakeshore setback line. The applicant is proposing to construct a new deck that is the same size and location as the existing deck. However, the current deck has a 30” railing, which is not up to current building code standards. Building code requires a 36” railing, which the proposal has included. The increase in railing height creates a new encroachment into the average lakeshore setback and thus requiring a variance. 4.Public Comment: Neighbor acknowledgment forms were provided by the applicant and are included in Exhibit I. 5.Staff Recommendation: Staff is supportive of the average lakeshore setback variance required for a new lakeside deck. 6.Planning Commission Action Requested: Motion to recommend approval of the average lakeshore setback variance as applied. AGENDA ITEM Exhibits Exhibit A - Staff Report Exhibit B - Application Exhibit C - Practical Difficulty Standards Exhibit D - Narrative Exhibit E - Site Plan Exhibit F - Deck Plans Exhibit G - Hardcover Calculations Exhibit H - Mailing List & Map Exhibit I - Neighbor Acknowledgment Forms 50 Date Application Received: 04/17/2024 Date Application Considered as Complete: 04/19/2024 60-Day Review Period Expires: 06/18/2024 To: Chair Bollis and Planning Commission Members Adam Edwards, City Administrator From: Natalie Nye, Planner Date: May 20, 2024 Subject: #LA24-000022, Amy Yanik, 1355 Vine Place, Variance - Public Hearing Background The applicant is proposing to replace a nonconforming lakeside deck. The existing deck is in disrepair and is completely in front of the average lakeshore setback line. The applicant is proposing to construct a new deck that is the same size and location as the existing deck. However, the current deck has a 30” railing, which is not up to current building code standards. Building code requires a 36” railing, which the proposal has included. The increase in railing height creates a new encroachment into the average lakeshore setback and thus requiring a variance. Practical Difficulties Analysis Applicant Submittal Information: The applicant has identified the location of the existing home and deck as a practical difficulty. The current lakeside deck is nonconforming to the average lakeshore setback. The applicant would like to replace the nonconforming deck with an “in-kind” replacement; however, the deck railing is a substandard height. In order to be built according to MN State building code standards, a taller deck railing is required. Planning Staff Practical Difficulty Analysis: Staff agrees with the applicant’s assessment. The entire lakeside deck is not compliant to the average lakeshore setback requirement. Replacement of the deck is permitted, however would need to be the exact same height and location. This includes the railing height. The increase in height to bring the railing to building code standard requires an average lakeshore setback variance. LOT ANALYSIS WORKSHEET Section 78-330 & 78-1279 – Deck Setbacks: LR-1B District Required Existing Proposed North Side 10’ 12’ 12’ South Side 10’ 120’ 120’ Lakeshore 75’ 144’ 144’ Average Lakeshore Not Compliant Not Compliant Application Summary: The applicant is requesting an average lakeshore setback variance in order to replace a lakeside deck. Staff Recommendation: Planning Department Staff recommends approval. 51 PC Exhibit A FILE #LA24-000022 May 20, 2024 Page 2 of 4 Section 78-1680 and 78-1700 – Hardcover Calculations: Stormwater Overlay District Tier Total Area Allowed Hardcover Existing Hardcover Proposed Hardcover Tier 1 40,075 s.f. 10,018.75 s.f. (25%) 4,176 s.f. (10.42%) 4,176 s.f. (10.42%) Applicable Regulations: Average Lakeshore Setback Variances (Section 78-1279) The current lakeside deck on the property is not complaint with the average lakeshore setback regulation. The applicant proposed to replace the deck, but need to raise the deck railings to comply with building code. The increase in deck railing from 30” to 36” creates a new expansion into the average lakeshore setback and requires a variance. Governing Regulation: Variance (Section 78-123) In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. §216C.06, subd. 14, when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. According to MN §462.357 Subd. 6(2) variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance. The existing home and deck on the lot does not conform with the average lakeshore setback. The proposed deck replacement is the same location and footprint as the existing deck. However, the deck railing must be raised 6” in order to comply with building code. An “in-kind” deck replacement would not be permitted due to the substandard deck railing height. A variance is required to allow the deck railing to increase in height to meet the MN State building code requirements. The new deck 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 replacement of a nonconforming lakeside deck is consistent with the Comprehensive Plan. The applicant has identified the necessary practical difficulties inherent to the land supporting their requests. The proposal will meet all other zoning requirements. 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 replacement of an existing deck on a single-family home is a 52 FILE #LA24-000022 May 20, 2024 Page 3 of 4 reasonable use of the property. The proposed changes are minimal and brings the deck railing to building code standard. This criterion is met. b. There are circumstances unique to the property not created by the landowner; The existing home location 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 the replacement deck that meets building code 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. 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 location of the existing home on the lot and the relation of the lot to the neighboring homes is unique and 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 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 existing home is in a nonconforming location. The proposed deck will maintain the same lake setback and same hardcover. The only change on the new deck is the height of the railing in order to meet building code. Granting the average lakeshore setback allows the property owner to replace an aging deck that is in disrepair. 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 deck is in the same location and same footprint as the existing deck. 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 the 53 FILE #LA24-000022 May 20, 2024 Page 4 of 4 existing new deck to raise the height of the deck railing to meet building code safety standards. The footprint and location of the deck remain the same. The variance is necessary in order to replace a deck that is in disrepair. 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 acknowledgement forms from the adjacent neighbors (1375 and 1345 Vine Place) found in Exhibit I. Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? 2. Does the Planning Commission find that the variance, if granted, will not alter the essential character of the neighborhood? 3. Does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested variance? 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. 54 Land Use Application Summary Application Date:04/16/2024 Address:1355 Vine PL Orono, MN 55364 Parcel Number:0711723310035 Land Use Number:LA24-000022 Application Submitted By:Property Owner Owner:Name: ERIC MEISEL Address: - Amy Yanik Applicant:Name: Amy Yanik Company: Address: 1355 Vine Pl Mound, MN 55364-9635 amyyanikmeisel@gmail.com Contact Information:Associated Contact: Associated Contact: Associated Contact: Associated Contact: Project Description:Replacement of old deck 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: 5/13/24, 3:46 PM Permit Details | Citizenserve https://www3.citizenserve.com/Admin/PermitController?Action=DisplayPermitDetail&SelectedTab=Permits&Permit_ID=14331145&WorkOrder_ID=883…1/155 PC Exhibit B PRACTICAL DIFFICULTIES DOCUMENTATION FORM LA24-000022 1. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter. Response: n/a 2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. Response: n/a 3. The variance, if granted, will not alter the essential character of the locality. Response: n/a 4. Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter. Response: n/a 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: n/a 7. The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. Response: n/a 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. Response: n/a 9. The conditions do not apply generally to other land or structures in the district in which said land is located. Response: n/a 10. The granting of the application is necessary for the preservation and enjoyment of a 5/13/24, 3:47 PM Permit Details | Citizenserve https://www3.citizenserve.com/Admin/PermitController?Action=DisplayPermitDetail&SelectedTab=Permits&Permit_ID=14331145&WorkOrder_ID=883…1/256 PC Exhibit C substantial property right of the applicant. Response: I will not be able to use my home as intended if I do not replace my deck. It is old and the wood is rotting. The deck needs to be replaced. 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: I am required to have 36 inch high railings for the safety of others. 12. The granting of such variance will not merely serve as a convenience to the applicant but is necessary to alleviate demonstrable difficulty. Response: I am required to have 36 inch high railings. 5/13/24, 3:47 PM Permit Details | Citizenserve https://www3.citizenserve.com/Admin/PermitController?Action=DisplayPermitDetail&SelectedTab=Permits&Permit_ID=14331145&WorkOrder_ID=883…2/257 PC Exhibit D58 59 60 61 62 63 64 65 66 67 68 PC Exhibit E PC Exhibit F69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 PC Exhibit G85 86 38 07-117-23 31 0001 JOHN O'NEILL/LAUREN O'NEILL 4445 NORTH SHORE DR MOUND MN 55364 38 07-117-23 31 0002 GREGG DANIEL KLOHN 4455 NORTH SHORE DR MOUND MN 55364 38 07-117-23 31 0003 CHARLES WILLARD SANVIK 4465 NORTH SHORE DR MOUND MN 55364 38 07-117-23 31 0004 JOHN D & DEBRA M KNODEL 4485 NORTH SHORE DR MOUND MN 55364 38 07-117-23 31 0005 MICHAEL P RYAN 4495 NORTH SHORE DR MOUND MN 55364 38 07-117-23 31 0006 RICHARD N MCLELLAN JANINE E MCLELLAN 27572 RIVERBANK DR BONITA SPGS FL 34134 38 07-117-23 31 0008 FRANK WEIGEL ESTHER NAZAROV 3916 N POTSDAM AVE PMB 3078 SIOUX FALLS SD 57104 38 07-117-23 31 0009 JOHN J GROTANS 3200 29TH AGE N E MPLS MN 55418 38 07-117-23 31 0010 JOHN ILZE & PETERIS GROTANS 3200 29TH AVE NE ST ANTHONY MN 55418 38 07-117-23 31 0013 LEBRISIA IVERSEN ANDREW IVERSEN 4448 NORTH SHORE DR MOUND MN 55364 38 07-117-23 31 0029 P SAWICKI & K M SAWICKI 4510 NORTH SHORE DR MOUND MN 55364 38 07-117-23 31 0030 BETH E BESSESEN 4500 NORTH SHORE DR MOUND MN 55364 38 07-117-23 31 0035 AMY MARIE YANIK 1355 VINE PL MOUND MN 55364 38 07-117-23 31 0039 JOSEPH W LOMA 4460 NORTH SHORE DR MOUND MN 55364 38 07-117-23 31 0041 COUNTY OF HENNEPIN 300 S 6TH STREET MC228 MINNEAPOLIS MN 55487 38 07-117-23 34 0001 KENNETH PAUL SCHMELING JUDITH A SCHMELING 5115 MINNEAPOLIS AVE MINNETRISTA MN 55364 38 07-117-23 34 0002 COUNTY OF HENNEPIN FACILITIES SERVICES 300 S 6TH STREET MC 228 MINNEAPOLIS MN 55487 38 07-117-23 34 0003 KATHARINE STOLTENBERG SCOTT M ALBRECHT 4425 NORTH SHORE DR MOUND MN 55364 38 07-117-23 34 0004 TODD O LUNDMAN 4435 NORTH SHORE DR ORONO MN 55364 38 07-117-23 42 0001 JASON D FLINN 1310 VINE PL ORONO MN 55364 38 07-117-23 42 0002 RICK J & KRISTINE E STERLING 1300 VINE PL MOUND MN 55364 38 07-117-23 42 0003 TIMOTHY BATTIS KATHLEEN BATTIS 2066 BOULDER RD CHANHASSEN MN 55317 38 07-117-23 42 0004 DAVID R YANIK 1345 VINE PL MOUND MN 55364 38 07-117-23 42 0009 CITY OF ORONO P O BOX 66 CRYSTAL BAY MN 55323 38 07-117-23 42 0010 CITY OF ORONO P O BOX 66 CRYSTAL BAY MN 55323 38 07-117-23 42 0023 STEPHEN R/JENNIFER P PAIDOSH 4300 NORTH SHORE DR MOUND MN 55364 38 07-117-23 42 0024 MARK ALBRECHT & GRACE MEYER 4330 NORTH SHORE DR ORONO MN 55364 38 07-117-23 42 0030 JOHN R CHERBA 1350 VINE PL MOUND MN 55364 38 07-117-23 42 0031 RYAN BEDUHN & ANDREA BEDUHN 1340 VINE PL MOUND MN 55364 38 07-117-23 42 0034 CITY OF ORONO P O BOX 66 CRYSTAL BAY MN 55323 87 PC Exhibit H 38 07-117-23 42 0037 THOMAS EDMUND LINDER 1360 VINE PL MOUND MN 55364 38 07-117-23 42 0039 KIRSTEN SUNGAARD-RIISE JAN RIISE 4340 NORTH SHORE DR MOUND MN 55364 38 07-117-23 42 0040 BARBARA JEAN SCHOENING 4380 NORTH SHORE DR MOUND MN 55364 38 07-117-23 42 0041 DANIEL P HOLLERMAN 1375 VINE PL MOUND MN 55364 38 07-117-23 43 0017 CHRISTOPHER A TWOMEY DARLA R TWOMEY 16743 W LOMA VERDE TRAIL SURPRISE AZ 85387 38 07-117-23 43 0018 ANDREW H SCHMIDT JAMIE L LOHR 4395 NORTH SHORE DR MOUND MN 55364 38 07-117-23 43 0031 NICHOLAS SUMMERS 4365 NORTH SHORE DR MOUND MN 55364 38 07-117-23 43 0032 CHARLES TYE 4345 NORTH SHORE DR MOUND MN 55364 88 He nn epin Co u n ty L oc ate & N o tify Map 135 5 Vin e Pl ace 0 200 400100 Feet Da te : 4/1 7/20 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 89 PC Exhibit I90 Date: May 20, 2024 Item: 6.3 Presenter: Natalie Nye, Planner Section: Public Hearings Title: #LA24-000023, Joanna Heinen o/b/o Kasey Lynn Jones, 884 Dakota Avenue, Variances (Natalie Nye) 1.Purpose: The applicant is requesting side and rear yard variances for the construction of a new accessory building. 2.MN§15.99 Application Deadline: The application was received on April 17, 2024 and deemed complete on April 19, 2024. The 60- Day timeline for review expires on June 18, 2024 3.Background: The applicant is proposing to construct a new 528 square foot accessory building to be used as a detached garage. The proposed location of the garage does not meet the required 15-foot side and rear yard setbacks. The new accessory building is proposed to be 2.6 feet from the side property line and 10.5 feet from the rear property line. The applicant is requesting this location in order to preserve existing trees on the site. The proposed location of the accessory building requires variances from rear and side yard setbacks. 4.Public Comment: No public comment has been received. 5.Staff Recommendation: Staff is not supportive of the variance requests due to the failure to meet the practical difficulty standards. 6.Planning Commission Action Requested: Staff recommends denial of the rear and side yard variance request 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 - Existing Survey Exhibit G - Plans Exhibit H - Hardcover Calcualtions Exhibit I - Site Photos Exhibit J - Mailing List & Map 91 Date Application Received: 04/17/2024 Date Application Considered as Complete: 04/19/2024 60-Day Review Period Expires: 06/18/2024 To: Chair Bollis and Planning Commission Members Adam Edwards, City Administrator From: Natalie Nye, Planner Date: May 20, 2024 Subject: #LA24-000023, Joanna Heinen o/b/o Kasey Lynn Jones, 884 Dakota Avenue Variances - Public Hearing Background The applicant is proposing to construct a new 528 square foot accessory building to be used as a detached garage. The proposed location of the garage does not meet the required 15-foot side and rear yard setbacks. The new accessory building is proposed to be 2.6 feet from the side property line and 10.5 feet from the rear property line. The applicant is requesting this location in order to preserve existing trees on the site. The proposed location of the accessory building requires variances from rear and side yard setbacks. Practical Difficulties Analysis Applicant Submittal Information: The applicant has identified the property’s existing driveway placement, location of mature trees, and existing well as practical difficulties. The applicant has designed the new detached garage so that it utilizes the existing driveway configuration with the intent to preserve as many mature trees as possible. The homeowner is in need of additional covered parking and the proposed design utilizes existing hardcover and preserves 4 mature trees. Planning Staff Practical Difficulty Analysis: Staff acknowledges the proposed placement of the detached garage would preserve some existing trees on the site. However, the trees are not within any protected area and are permitted to be removed. As proposed, two trees are identified as “to be removed” under the current plan. The existence of mature trees on a property do not prevent a homeowner from abiding from the required setbacks. The property is able to accommodate the proposed 528 square foot accessory building on the site and abide by the required setback requirements. The LR-1A District requires 15-foot setbacks from the side and rear property line. Additionally, a 10-foot setback between buildings is required and at least 3 feet between a building and a well. The property is able to accommodate a compliant location for the accessory building. Staff does not find there is enough practical difficulties present to support the application for setback variances. LOT ANALYSIS WORKSHEET Section 78-305 – Accessory Building Setbacks: LR-1A District Required Proposed Accessory Building Front Yard 50’ 141’ Side Yard (East) 15’ 124’ Side Yard (West) 15’ 2.6’ Application Summary: The applicant is requesting rear and side yard variances for a new accessory building. Staff Recommendation: Planning Department Staff recommends denial as applied. 92 PC Exhibit A FILE #LA24-000023 May 20, 2024 Page 2 of 4 Rear Yard 15’ 10.5’ Section 78-350 – Lot Area/Width: LR-1A District Lot Area Lot Width Required 87,120 s.f. (2.0 acres) 200’ Actual 30,483.77 s.f. (0.7 acre) 158’ Section 78-1403 – Structural Building Coverage: Total Lot Area Total Structural Coverage 30,483.77 s.f. (0.7 acre) Permitted: 6,096.75 s.f. (20%) Existing: 2,487.52 s.f. (8%) Proposed: 2,781.88 s.f. (9%) Section 78-1680 and 78-1700 – Hardcover Calculations: Stormwater Overlay District Tier Total Area Allowed Hardcover Existing Hardcover Proposed Hardcover Tier 3 30,483.77 s.f. 10,669.3 s.f. (35 %) 7,435.48 s.f. (24.39%) 8,032.47 s.f. (26.35%) Applicable Regulations: Accessory Building Setbacks – Side & Rear Yard (Section 78-305) The subject property is located in the LR-1A Zoning District. This district requires a minimum of a 15-foot side yard and rear yard setback for an accessory building under 1,000 square feet. The proposed accessory building is 528 square feet and located 2.6 feet from the side property line and 10.5 feet from the rear property line. All other zoning requirements including hardcover and structural coverage are met. Governing Regulation: Variance (Section 78-123) In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. §216C.06, subd. 14, when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. According to MN §462.357 Subd. 6(2) variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance. The subject property is able to accommodate an accessory building that meets all required setbacks. The proposed variances to allow the new accessory building to be constructed withing 2.5 feet of the side property line and 10.5 feet from the rear property line without demonstrating 93 FILE #LA24-000023 May 20, 2024 Page 3 of 4 adequate practical difficulty is not in harmony with the general intent and purpose of the Ordinance. This criterion is not met. 2. The variance is consistent with the comprehensive plan. The variances resulting in a new detached garage building within the required building setbacks is not consistent with the Comprehensive Plan. The applicant has not identified the necessary practical difficulties inherent to the land supporting their requests. This criterion is not met. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The property current is being used for its intended use of a single-family dwelling. The construction of a new detached garage building within the required setbacks is not a reasonable use of the property when there are compliant locations where the garage could be built. This criterion is not met. b. There are circumstances unique to the property not created by the landowner; The subject property is a substandard size for the zoning district at 0.7 acres when 2.0 acres is required. However, the size of the lot can accommodate a detached garage building and meet the required setbacks. The applicant has identified the preservation of existing trees as the reasoning for the placement of the garage. The trees on the property are not protected by city regulations and can be removed; and c. The variance will not alter the essential character of the locality. The proposed variances resulting in the construction of a new accessory building closer to the side and year property lines is not out of character for the surrounding neighborhood. There are several accessory buildings in the area that do not meet the required setbacks. Also, there are currently two sheds that are to be removed in the area that the proposed garage will be placed. 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-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 lot is substandard in size, but can accommodate an accessory building within the required setbacks. The existing conditions of the site that include 94 FILE #LA24-000023 May 20, 2024 Page 4 of 4 the existing driveway placement, well, and trees are unique to the property, but do not prevent a compliant location for the proposed detached garage. This criterion is not met. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The preservation of existing trees can be generally applied to other land in the district and City. The existence of mature trees on a property do not prevent a homeowner from abiding from the required setbacks. This criterion is not met. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Granting the side and rear yard setback variances allow the construction of a new 528 square foot detached garage while preserving several mature trees on a site. The property is able to accommodate a location for the proposed detached garage within the required setbacks and therefore this criterion is not met. 11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. Granting the requested variances will not adversely impact health, safety, comfort, or morals of the community. This criterion is met. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The granting of the side and year yard setback variances serves as more of a convenience to the applicant than a necessity. The applicant currently is using the property for its intended use as a single-family dwelling. An accessory building is not necessary to maintain the current use of a single-family home. There are compliant locations on the property where a detached garage can be built following city regulations. This criterion is not met. The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Public Comments No public comments have been received. Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? 2. The Commission should discuss if the preservation of existing trees should be considered a practical difficulty when determining the placement of buildings/structures on a lot. 3. Are there any other issues or concerns with this application? Planning Staff Recommendation Staff recommends denial of the variance request as applied. 95 Land Use Application Summary Application Date:04/16/2024 Address:884 Dakota AVE Orono, MN 55356 Parcel Number:2611823330020 Land Use Number:LA24-000023 Application Submitted By:Agent on behalf of property owner Owner:Name: KASEY LYNN JONES Address: 884 DAKOTA AVE LONG LAKE MN 55356 Applicant:Name: Joanna Heinen Company: Heinen Contracting, Inc Address: 10100 Hillside Ln W Minnetonka, MN 55305 joannaheinen@gmail.com Contact Information:Associated Contact: Franklin Michael Framic85@gmail.com Associated Contact: Greg Heinen Associated Contact: Kelly Ness info@skysurv.us Associated Contact: Project Description:Construction of new 528 Sq Ft detached 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: 5/8/24, 2:46 PM Permit Details | Citizenserve https://www3.citizenserve.com/Admin/PermitController?Action=DisplayPermitDetail&SelectedTab=Permits&Permit_ID=14333192&WorkOrder_ID=883…1/196 PC Exhibit B PRACTICAL DIFFICULTIES DOCUMENTATION FORM LA24-000023 1. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter. Response: The property owner proposes to use the property in a reasonable manner permitted within the Zoning Chapter. 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 a desire to maintain as many mature trees on the property as possible, while adding necessary interior parking to alleviate the use of street or outdoor parking. The location of an existing well, and an existing driveway create a unique space requirement that does not fall within the current allowable setbacks. 3. The variance, if granted, will not alter the essential character of the locality. Response: The proposed garage design, despite the setback variance, respects and maintains the existing character of the neighborhood. The design takes into account the preservation of the mature sugar maple and reduces additional driveway space, demonstrating sensitivity to the natural and built environment. It integrates seamlessly with the surrounding properties and landscape enhancing rather than detracting from its character.The setback variance allows for the preservation of this valued asset, contributing to the overall sense of place and identity that defines the community. 4. Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter. Response: N/a 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: n/a 7. The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. Response: n/a 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. 5/8/24, 2:50 PM Permit Details | Citizenserve https://www3.citizenserve.com/Admin/PermitController?Action=DisplayPermitDetail&SelectedTab=Permits&Permit_ID=14333192&WorkOrder_ID=883…1/297 PC Exhibit C Response: The lot is irregularaly shaped and has an existing driveway and a well with placement that would only offer an alternative of the cutting down of 4 mature trees. 9. The conditions do not apply generally to other land or structures in the district in which said land is located. Response: The conditions may or may not apply generally to other land or structures in the district. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Response: Without the setback variance, the tree's health and longevity may be compromised, potentially diminishing the property's value. Denying the setback variance would unduly restrict the reasonable use of the applicant's property. The presence of the mature sugar maple and the desire to minimize additional driveway space represent unique circumstances that warrant flexibility in zoning regulations to accommodate the property owner's needs while still respecting the broader community interests. 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 remains consistent with the overarching goals and principles 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 lack of adequate indoor parking affects the owners ability to fully utilize and enjoy their property. Without sufficient parking space, vehicles may be exposed to the elements, increasing maintenance costs and reducing their lifespan. This limitation may also restrict the owner's ability to accommodate guests or household members' vehicles. While the variance benefits the owner, it also aligns with the intent of the zoning regulations by promoting the efficient use of land and supporting the property's functional utility without compromising neighborhood integrity or public safety. 5/8/24, 2:50 PM Permit Details | Citizenserve https://www3.citizenserve.com/Admin/PermitController?Action=DisplayPermitDetail&SelectedTab=Permits&Permit_ID=14333192&WorkOrder_ID=883…2/298 884 Dakota Ave,Orono Variance Application Narrative In the heart of Orono,where the Michael family's property is bathed in the dappled light of a towering sugar maple,a need arises for more than just a structure.As the Michaels pondered the prospect of a detached garage,they envisioned not just a shelter for cars,but a multifunctional space where hobbies could flourish and family bonds could strengthen.However,the ideal location for this garage nestled close to the home,under the protective canopy of their beloved sugar maple,posed a dilemma. To adhere strictly to setback regulations would mean sacrificing valuable green space and adding onto the existing impermeable driveway.This would not only disrupt the natural flow of their property but also detract from the very essence of their vision—a harmonious blend of practicality and environmental stewardship.The neighborhood is currently still suffering the effects of the removal of 30-40 mature Emerald Ash trees due to the recent Emerald Ash Borer epidemic. Thus,the request for a setback variance emerged not as a whim but as a thoughtful solution grounded in practicality and sustainability.By granting the variance, the Michaels can minimize the footprint of the driveway,preserving precious green space and reducing the amount of impermeable surface area.This not only aligns with their commitment to environmental responsibility but also fosters a more harmonious integration of their property within the natural landscape of Orono. For the builders,Heinen Garage Construction,the closer setback poses no additional difficulty.Heinen is experienced in constructing structures within the city limits of Minneapolis,where the required setback is generally one foot.There are no other features on this property,or the neighboring proper ties that would create any difficulties in the maintenance and care of the new garage for decades to come.There already stands,in the property to the south,a structure within four feet of the proper ty line that does not have any difficulties due to the closer setback.Our proposed structure will also still leave ample space on this south side and not infringe at all on the neighboring structure. This practical request for a setback variance becomes a strategic choice—an opportunity to optimize space usage and improve proper ty value and aesthetic while minimizing environmental impact.It's a story of ingenuity and foresight,where the pursuit of practicality is seamlessly intertwined with a deep respect for the land that sustains them. 99 PC Exhibit D 884 Dakota AveDakotaAveLO T 5 LOT 6 LO T 4 S01°37'27"W 197.82N66°53'25"W 169.16N01°39'08"E 173.97 44.01Δ=50°25'57"R=50.00CB=N81°54'06"EC=42.60S66°55'52"E 123.91DESCRIPTION OF PROPERTY SURVEYEDLot 5 of Johnston's Rearrangement of Albee's Long Lake Addition, HennepinCounty, MinnesotaSurvey Notes1. Bearings are based on the Hennepin County Coordinate System.2. Client Name: Heinen Garage Construction3. Site Address: 884 Dakota Ave, Orono MN 553564. This survey is based on the legal description as provided by the Client5. This Surveyor has not abstracted the land shown hereon for easements, rightsof way or restrictions of record which may affect the title or use of the land6. Do not reconstruct property lines from building ties7. Impervious areas include: House, Driveway, concrete pads and paths as well asdecks.FOUND IRON MONUMENTLinetype & Symbol Legend MINNESOTA LAND SURVEYOR CERTIFICATIONI hereby certify that this survey, plan or report was prepared byme or under my direct supervision and that I am a duly LicensedLand Surveyor under the laws of the State of Minnesota.Dated this 16th day of April, 2024.___________________________________________________Kelly D Ness Minnesota License No. 45847SET IRON MONUMENT7729.84Certificate ofSurvey5775 Wayzata Blvd #700St Louis Park, MN 55416info@skysurv.us20240415 884 DakotaAve SkySURV-884 DakotaAve.dwg Draft copy - not for submittalPC Exhibit E100 884 Dakota AveDakotaAveLO T 5 LOT 6 LO T 4 S01°37'27"W 197.82N66°53'25"W 169.16N01°39'08"E 173.97 44.01Δ=50°25'57"R=50.00CB=N81°54'06"EC=42.60S66°55'52"E 123.91DESCRIPTION OF PROPERTY SURVEYEDLot 5 of Johnston's Rearrangement of Albee's Long Lake Addition, HennepinCounty, MinnesotaSurvey Notes1. Bearings are based on the Hennepin County Coordinate System.2. Client Name: Heinen Garage Construction3. Site Address: 884 Dakota Ave, Orono MN 553564. This survey is based on the legal description as provided by the Client5. This Surveyor has not abstracted the land shown hereon for easements, rightsof way or restrictions of record which may affect the title or use of the land6. Do not reconstruct property lines from building ties7. Impervious areas include: House, Driveway, concrete pads and paths as well asdecks.FOUND IRON MONUMENTLinetype & Symbol Legend MINNESOTA LAND SURVEYOR CERTIFICATIONI hereby certify that this survey, plan or report was prepared byme or under my direct supervision and that I am a duly LicensedLand Surveyor under the laws of the State of Minnesota.Dated this 15th day of April, 2024.___________________________________________________Kelly D Ness Minnesota License No. 45847SET IRON MONUMENTCertificate ofSurvey5775 Wayzata Blvd #700St Louis Park, MN 55416info@skysurv.us20240415 884 DakotaAve SkySURV-884 DakotaAve.dwg Draft copy - not for submittalPC Exhibit E101 3' - 0"18' - 0"3' - 0"7' tall overhead sectional door24' - 0"22' - 0"36"2' - 0"8' - 6"60"x36"GARAGEReinforced concrete slabRoof trusses @ 24" oc above1A2ScaleDateADVANCED DRAFTING AND RES. DESIGN INC1146 EDGEWATER AVEARDEN HILLS, MN 55112651-341-79111/4" = 1'-0"A1Garage FloorGarage4/14/2024884 Dakota AveOrono, MN 55356884 Dakota11/4" = 1'-0"1Garage Floor23D View 1PC Exhibit E102 Garage Floor0' -0"Roof Mid. Ht.13' -0"Roof Peak17' -4"Garage Plate9' -0"Thickened perimeter w/2 #5 cont.4" reinforced concrete slab on compacted sand or gravelSiding to match houseTyvek wrb7/16" osb2x4 studs @ 16" oc9' - 0"Soffit and fascia to match house2x4 pt plate on sill seal anchored with 1/2" d. bolts @ 6' oc6" CMU0' - 4"0' - 4"812Asphalt shingles to match houseIce&water and 15 lb felt1/2" osbRoof trusses @ 24" oc1' - 0"1' - 4"0' - 4"0' - 4"812Shingles to match houseSoffit and fascia to match houseSiding to match house0' - 4"0' - 4"ScaleDateADVANCED DRAFTING AND RES. DESIGN INC1146 EDGEWATER AVEARDEN HILLS, MN 55112651-341-7911As indicatedA2Section, ElevationsGarage4/14/2024884 Dakota AveOrono, MN 55356884 Dakota11/4" = 1'-0"1Section 11/8" = 1'-0"2North1/8" = 1'-0"3South1/8" = 1'-0"4East1/8" = 1'-0"5West103 Last Updated: January 2023 Note: This is an information sheet only, every effort has been made to insure the accuracy of the information contained herein; however, if any information is not consistent with provisions of the City Code, the Code provisions will prevail. Page 8 of 9 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. Proposed Hardcover Percentage [ (3) ÷ (4) ] % (Proposed Hardcover next page) 104 884 Dakota Ave, Orono 4/15/2024Skysurv House Irregular 2136.63 3226.25IrregularBituminous Driveway Front pavered Walkway Irregular 337.32 Rear pavered walkway Irregular 629.04 Front covered porch 117.258.5'x14' Rear Decks Irregular 702.76 Bridge 28.663.5'x8' Fire pit 23.935.5' Dia Shed 1 158.078'x20' Shed 2 75.577'x10.5' 7435.48 30483.77 24.39 7435.48 PC Exhibit H Last Updated: January 2023 Note: This is an information sheet only, every effort has been made to insure the accuracy of the information contained herein; however, if any information is not consistent with provisions of the City Code, the Code provisions will prevail. Page 9 of 9 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) ] % 105 884 Dakota Ave, Orono Skysurv 4/15/2024 House Bituminous Driveway Front pavered Walkway Rear pavered walkway Front covered porch Rear Decks Bridge Fire pit Shed 1 (To be removed) Shed 2 8.5'x14' Irregular Irregular Irregular Irregular Irregular 3.5'x8' 5.5' Dia 8'x20' 7'x10.5'75.57 158.07 23.93 28.66 702.76 117.25 629.04 337.32 3226.25 2136.63 Proposed driveway expansion Irregular 302.63 Proposed garage 22'x24'528.00 (To be removed) 8032.47 8032.47 30483.77 26.35 106 PC Exhibit I 107 108 109 110 111 112 113 114 38 26-118-23 33 0001 ANITA L GARDNER 1486 LONG LAKE BLVD LONG LAKE MN 55356 38 26-118-23 33 0002 TRYGVE BJORGEN 1490 LONG LAKE BLVD LONG LAKE MN 55356 38 26-118-23 33 0004 YURIY & MARYNA KOSOVAN 1516 LONG LAKE BLVD LONG LAKE MN 55356 38 26-118-23 33 0005 MICHAEL A STEWART 1520 LONG LAKE BLVD LONG LAKE MN 55356 38 26-118-23 33 0006 1530 LONG LAKE BOULEVARD LLC 400 EAST LAKE ST MINNEAPOLIS MN 55408 38 26-118-23 33 0007 RACHEL ANN CARPENTER DAVID CARROLL CRAWFORD 1540 LONG LAKE BLVD LONG LAKE MN 55356 38 26-118-23 33 0008 MICHAEL J FEY/STACHIA L FEY 1570 LONG LAKE BLVD LONG LAKE MN 55356 38 26-118-23 33 0011 MICHAEL DAVID MILLER MICHELLE JEANNE MILLER 1575 LONG LAKE BLVD LONG LAKE MN 55356 38 26-118-23 33 0012 JAMES & CYNTHIA BIGHAM 1545 LONG LAKE BLVD LONG LAKE MN 55356 38 26-118-23 33 0014 RABIH NAHAS WILLIAM CLAYTON SHARP 1535 LONG LAKE BLVD LONG LAKE MN 55356 38 26-118-23 33 0016 MATTHEW J DIERINGER TAMI J DIERINGER 940 DAKOTA AVE LONG LAKE MN 55356 38 26-118-23 33 0017 MATTHEW & MARYBETH LIEBSCH 920 DAKOTA AVE LONG LAKE MN 55356 38 26-118-23 33 0018 JESSE LUCKING REBECCA LUCKING 900 DAKOTA AVE LONG LAKE MN 55356 38 26-118-23 33 0019 T J HARRISON & J M ALBAUGH 880 DAKOTA AVE LONG LAKE MN 55356 38 26-118-23 33 0020 KASEY LYNN JONES 884 DAKOTA AVE LONG LAKE MN 55356 38 26-118-23 33 0021 BAYRON & KARI CALDERON 888 DAKOTA AVE LONG LAKE MN 55356 38 26-118-23 33 0022 SCOTT R & JULIE A KNUTSON 908 DAKOTA AVE N LONG LAKE MN 55356 38 26-118-23 33 0023 PAUL HOWLETT KRISTIN HOWLETT 910 DAKOTA AVE LONG LAKE MN 55356 38 26-118-23 33 0024 MARK KLINGELHOETS GWEN KLINGELHOETS 930 DAKOTA AVE LONG LAKE MN 55356 38 26-118-23 33 0025 DOUGLAS S HOLMES JR HANNA HOLMES 950 DAKOTA AVE LONG LAKE MN 55356 38 26-118-23 33 0026 TIMOTHY J JORDAN 400 EAST LAKE ST MINNEAPOLIS MN 55408 38 26-118-23 33 0027 ANITA & KEITH VANDENBRANDEN 1480 LONG LAKE BLVD LONG LAKE MN 55356 38 26-118-23 33 0030 STEVEN GRONWALL 1586 LONG LAKE BLVD LONG LAKE MN 55356 38 26-118-23 33 0031 NICOLIE WHEELER 1580 LONG LAKE BLVD LONG LAKE MN 55356 38 26-118-23 33 0032 CAROL JEAN CAJACOB 1600 LONG LAKE BLVD LONG LAKE MN 55356 38 26-118-23 33 0033 TODD E EPLEY REBECCA K EPLEY 1525 SIXTH AVE N LONG LAKE MN 55356 38 26-118-23 33 0035 STEPHEN L NEWELL JOHN E NEWELL 835 LONG BRIDGE LA LONG LAKE MN 55356 38 35-118-23 22 0001 KURTIS A GREENLEY 1485 LONG LAKE BLVD LONG LAKE MN 55356 38 35-118-23 22 0002 LINDA DRISCOLL TAMOSUINAS 1525 LONG LAKE BLVD LONG LAKE MN 55356 38 35-118-23 22 0003 THOMAS C BERGSTROM KATHRYN A BERGSTROM 1509 LONG LAKE BLVD LONG LAKE MN 55356 115 PC Exhibit J 38 35-118-23 22 0004 YUEHCHUAN KUNG 1505 LONG LAKE BLVD LONG LAKE MN 55356 38 35-118-23 22 0005 KEITH & ANITA VANDENBRANDEN 1480 LONG LAKE BLVD LONG LAKE MN 55356 38 35-118-23 22 0006 CRISTINA PELKA/DAVID M PELKA 755 LONG BRIDGE LA LONG LAKE MN 55356 116 He nn epin Co u n ty L oc ate & N o tify Map 884 D akota 0 200 400100 Feet Da te : 4/1 7/20 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 117 Kari and Bayron Calderon 888 Dakota Ave. Orono, MN 55356 612-289-0565 May 19, 2024 To whom it may concern on the planning commission, We are Kari and Bayron and we live at 888 Dakota Avenue, the property adjacent to 884 Dakota Avenue. We are writing in support of the variance request submitted by Franklin Michael and Kasey Jones. Most importantly, we would be the neighbors closest to the new structure. The property owner, Frank, has talked with us about his plans to build a detached garage to replace the resin sheds that currently occupy that area of the property. He has shown us the survey of his property and the proposed building site. He has shown us how close the structure would be to the property line and asked us about any concerns we might have. In addition he has shown us the plans for the new garage to be built. We are in agreement with Frank that it would be the best building site and are in full support of his request for a variance. Respectfully, Kari Calderon & Bayron Calderon 20240415 884 DakotaAve SkySURV-884 DakotaAve_dwg r to z to 535�µ::4Yry y -S MW "2:ISIOA �vsaav'� Ox P —z I W01-39'08-E 173.97 N I S01037271W 197.82 r O • (D tEn y C M F Z O o Z p z cn O 2 c ,3 c' -Z-1 0 (D CL a m v Iy}y>,f nnvDA 2 rrCa`CC n m A ff to N O ` N 2 o o- i pD o Ln N 67 A V ^/rri yy g o O C y I 1 II l v �3T3 .Pa uP a ur N.- 0 -_ T< y o pag= ��o°m�mm Ew w r T 8 d = o eeT3 9 G omm m m A s�n3''BE o o, p O sr? r 3 >' m �^ 'o n c m o z o13 msaLL m cl a T Q 2 ° e a )1 Date: May 20, 2024 Item: 6.4 Presenter: Laura Oakden, Community Development Director Section: Public Hearings Title: #LA24-000024, Revolution Design Build o/b/o Mary and David O’Keefe, 2980 Goldenrod Way, Lot Area Variance, Public Hearing (Laura Oakden) 1.Purpose: The applicant is requesting lot area variance approval to construct a new home on the property. 2.MN§15.99 Application Deadline: The application was submitted and deemed complete on April 18, 2024. The 60-day application review timing will expire June 17, 2024. 3.Background: The applicant requests a lot area variance to develop the 1.7 acre property addressed as 2890 Goldenrod Way. The property was platted in the 1980s as a conforming 2 acre lot. MnDOT acquired the property to support the Highway 12 project as right-of-way for staging and construction support. In 2022, MnDOT retained some of the southern portion of the lot and listed the reduced property for sale. As a result, the remaining land is substandard in size (1.7 acres) for the RR-1B 2 acre zoning. The new property owners are moving forward with a new home project on the site and a lot area variance is necessary. Please refer to the Staff Report attached as Exhibit A for more background and practical difficulty analysis. 4.Public Comment: The applicant provided detailed plans to neighbors and encouraged them to reach out with any concerns or comments. Neighbors have called the City with questions however, no public comments have been received. 5.Staff Recommendation: The lot area variance is supported by practical difficulty; Staff recommends approval. 6.Planning Commission Action Requested: The Planning Commission should make a MOTION to recommend approval of the application as applied. AGENDA ITEM Exhibits Ex A Staff Report Ex B Application Ex C Practical Difficulties Documentation Ex D O'Keefe SURVEY Ex E O'Keefe Plans Ex F Hardcover Ex G Dumas Orchards Plat 1983 (755).pdf Ex H MnDOT Land Sale Packet 118 Date Application Received: 4/18/2024 Date Application Considered as Complete: 4/18/2024 60-Day Review Period Extension Expires: 06/17/2024 To: Chair Bollis and Planning Commission Members Adam Edwards, City Administrator From: Laura Oakden, Community Development Director Date: May 20, 2024 Subject: #LA24-000024, Revolution Design Build o/b/o Mary and David O’Keefe 2980 Goldenrod Way, Variance, Public Hearing Background The applicant is requesting a lot area variance to develop the 1.7 acre property at the end of the of Goldenrod Way addressed as 2890 Goldenrod Way. The property was platted in the 1980s as a conforming 2 acre lot. When MnDOT conducted the Highway 12 project the parcel was taken over by MnDOT as right-of-way to use for staging and support for the construction of the highway. In 2022, MnDOT listed a portion of the property for sale but kept a portion of the land as right way. As a result, the remaining land is substandard in size (1.7 acres) within the RR-1B, 2 acre zoning district right-of-way. The new property owners are moving forward with a new home project on the site and a lot area variance is needed because it is a substandard lot for the zoning district. Practical Difficulties Analysis Applicant Submittal Information: The applicant has identified the lot being substandard due to the right-of-way requirements of MnDOT as the primary practical difficulty supporting the requested variance. Additionally, they have provided supporting documentation regarding Practical Difficulties, attached as Exhibit C. Planning Staff Practical Difficulty Analysis: Regarding practical difficulty, Staff agrees with the applicant’s assessment as the land was first used by MnDOT to support the highway project and kept a portion of the original parcel to support the Highway 12 right-of-way needs. The parcel of land that was for sale was all that was available for the current property owners to purchase. Staff supports the lot area variance request. LOT ANALYSIS Section 78-305 & 78-1279 – Setbacks: LR-1A DISTRICT Required Proposed Front 50’ 50’ East Side 30’ 77’ West Side 30’ 70’ Rear 50’ 175’ Wetland 25’ 45’ *All Setbacks are Met Section 78-305 – Lot Area/Width: Application Summary: The applicant is requesting lot area variance approval to construct a new home on the property. Staff Recommendation: Planning Department Staff recommends approval. 119 FILE #LA24-000024 20 May 2024 Page 2 of 4 RR-1B DISTRICT Lot Area Lot Width Required 87,120 s.f. (2.0 acres) 200’ Actual 74,052 s.f. (1.7 acre) 230’ Section 78-1403 – Structural Building Coverage: Total Lot Area Total Structural Coverage 74,052 s.f. (1.7 acre) Allowed: 14,810 s.f. (20%) Proposed: 2,925 s.f. (3.9%) Section 78-1680 and 78-1700 – Hardcover Calculations: The property is outside of the stormwater quality district and is not subject to any hardcover restrictions. Applicable Regulations: Lot Area Variance (Section 78-420) Lots in the RR-1B District requires 2 acres in area to be conforming. This lot is only 1.7 acres. The city code has an provision to allow development of substandard Lots of Record (Section 78-72). This property does not qualify for this provision because due to the changes made by MNDoT, is no longer considered a Lot of Record. A Lot of Record is any lot for which a deed or registered land survey was recorded in the office of the register of deeds or the registrar of titles for Hennepin County prior to January 1, 1975 . The property was originally platted as a conforming 2 acre parcel in 1983. The lot was acquired and used by MnDOT to support the Highway 12 project. Following the Highway’s completion, MnDOT offered the 1.71 acre parcel for sale as it was no longer needed as right-of-way. 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 requested lot area variance is the minimum necessary to develop the property and will result in a new home that is conforming to all other zoning requirements. The request is in harmony with the ordinance. 120 FILE #LA24-000024 20 May 2024 Page 3 of 4 2. The variance is consistent with the comprehensive plan. The requested variance will result in a single-family home in a residential district; therefore, it is consistent with the Comprehensive Plan. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The proposed home is reasonable as it will meet all zoning setbacks and structural coverage. This criterion is met. b. There are circumstances unique to the property not created by the landowner; The property is unique as it was acquired and used for a short period of time by MnDOT as right-of-way. When it was no longer required it was reduced in size and sold as a parcel of land that is substandard to the current zoning district. The property owner has no control over the size of the parcel. The owner did not create the lot and is proposing structures in locations that conform to the district standards. This criterion is met; and c. The variance will not alter the essential character of the locality. The proposed scale and location of the home will not alter the character of the adjacent residential neighborhood. This criterion is met. Additionally, City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination. 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 17, when in harmony with Orono City Code Chapter 78. This condition is not applicable. 6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located. This condition is not applicable, as residential buildings are an allowed 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 lot was originally platted as a conforming 2 acre parcel in 1983. MnDOT acquired the land as right-of-way to support the highway construction project. Recently MnDOT sold the land but kept the southern portion to be maintain as right-of-way for the Highway 12 corridor. The property size was determined by MnDOT under these unique circumstances. 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. 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. Without the variance, the property would not be buildable as it is substandard in size to the current zoning district. The variance is necessary to preserve the primary property right of the owner. 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. 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 granting of the requested variance is necessary to alleviate a considerable difficulty impacting the property. 121 FILE #LA24-000024 20 May 2024 Page 4 of 4 The Commission may recommend or Council may impose conditions in granting 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 provided detailed plans to the neighbors and encouraged them to reach out with any concerns or comments. Neighbors have called the City with questions about the variance request. 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? Is there a need to mitigate the impacts created by the granting of the requested variance(s)? 3. Are there any other issues or concerns with this application? Planning Staff Recommendation The lot area variance is supported by significant demonstrated practical difficulty; Staff recommends approval. 122 Letter View file:///ci.orono.mn.us/.../LA24-000024%20(2890%20Goldenrod%20Way)%20Var/Land%20Use%20Application%20Summary%20(33).htm[5/17/2024 11:39:41 AM] Land Use Application Summary Application Date:04/18/2024 Address:2890 Goldenrod Way Orono, MN 55391 Parcel Number:33-118-23-24-0047 Land Use Number:LA24-000024 Application Submitted By:Agent on behalf of property owner Owner:Name: Address: Applicant:Name: Emily Capaul Company: Revolution Design + Build Address: 18305 Minnetonka Blvd Wayzata, MN 55391 emily@revolutiondesignbuild.com Contact Information:Associated Contact: Emily Capaul emily@revolutiondesignbuild.com Associated Contact: Sidney Levin sid@revolutiondesignbuild.com Associated Contact: Associated Contact: Project Description:Single Family Home Land Use Application Type:Amendmend Application Appeal of Admin Decision Concept Application Conditional Use Permit Site Plan Application Subdivision Application Subdivision Exception Vacation Application Variance Application Applicant Signature: 123 4 Letter View file:///ci.orono.mn.us/...024%20(2890%20Goldenrod%20Way)%20Var/Practical%20Difficulties%20Documentation%20Form%20(22).htm[5/17/2024 11:39:42 AM] PRACTICAL DIFFICULTIES DOCUMENTATION FORM LA24-000024 1. The property owner proposes to use the property in a reasonable manner not permitted bythe Zoning Chapter. Response: All setbacks have been considered for the property, including hardcover, side, rear and front yard requirements, as well as a generous siting well away from the 25-foot setback requirement from the wetland. The scale and style of the proposed single family home for the property is unassuming, gentlygraces the prairie-like format of the parcel, and fits well in the landscape. 2. The plight of the landowner is due to circumstances unique to his property not created by thelandowner. Response: A home did exist on this property in the past. Cutting off a portion of the property for a drainage easement often-times occurs in platting land. Sometimes the easement is part of the parcel, sometimes theeasement is not considered part of the parcel. In this case the parcel is not 2.0 acres because the easementwas cut from the property. Great effort was made by the landowners to confirm the parcel was improvableand could be used for their forever home. Meetings were held with the Development Director and they wereassured they could proceed with the design and construction thereafter. The landowners did nothing tocreate this circumstance. 3. The variance, if granted, will not alter the essential character of the locality. Response: Again, noting that this parcel is a bit of a unicorn in its particular locality as it is sited betweensmaller parcels to the east and a single large parcel to the west. The essential character of the locality willremain as it is, and as it was back in 1983 when a single-family home existe on the property. 4. Economic considerations alone do not constitute practical difficulties if reasonable use forthe property exists under the terms of the Zoning Chapter. Response: Considerable expense has been invested in this property. If not having been assured they could build their forever home on this property, the landowners would not have purchased the property, nor wouldthey have invested the time and financial resources for the architectural fees inherent in designing a customhome. The practical difficulty is simply due to the deletion of the 0.29 acre easement from the parcel. As isoften-times the case, an easement runs through a parcel, and that easement, while unimprovable, isconsidered part of the parcel for other reasons. 5. Practical difficulties include, but are not limited to, inadequate access to direct sunlight forsolar energy systems. Variances shall be granted for earth-sheltered construction as defined inMinnesota Statutes, Section 116J.06, Subd. 2, when in harmony with this Chapter. Response: The only practical difficulty is the zoning ordinance itself, requiring the lot size to be 2.0 acres tobuild a home. Again, if the easement was considered part of the parcel, this would not be an issue. In anycase, the design of the proposed structure and improvements to the property do not negatively impact thesurrounding neighborhood or the City in general, in any way. 6. The Board of Appeals and Adjustments or the Council may not permit as a variance any usethat is not allowed under this Chapter for property in the zone where the affected person's landis located. Response: N/A 7. The Board or Council may permit as a variance the temporary use of a one-family dwelling asa two-family dwelling. 124 Letter View file:///ci.orono.mn.us/...024%20(2890%20Goldenrod%20Way)%20Var/Practical%20Difficulties%20Documentation%20Form%20(22).htm[5/17/2024 11:39:42 AM] Response: N/A 8. The special conditions applying to the structure or land in question are peculiar to suchproperty or immediately adjoining property. Response: See the answer given in 3c. 9. The conditions do not apply generally to other land or structures in the district in which saidland is located. Response: Correct. This is a unique situation for many reasons. 10. The granting of the application is necessary for the preservation and enjoyment of asubstantial property right of the applicant. Response: Without the granting of the application, the owners will not be allowed to continue their effort tobuild their new home on the property for which it was purchased. Per the City Attorney, without a variance,the owners may not be allowed to submit for permit to build their home. 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 design and scale of the home was greatly considered for this parcel, to fit in, remainunassuming, and blend into the beautiful land it sits on. In no way will the proposed variance negativelyimpact the health, safety, comfort, or morals of the locality of the intent of the zoning code. 12. The granting of such variance will not merely serve as a convenience to the applicant but isnecessary to alleviate demonstrable difficulty. Response: As noted above in section 10, without a variance, the purchase of the property and investmentin architectural design would be a complete loss and waste of time. Without the variance approval, theowners would be at great demonstrable difficulty. 125 MARY + DAVID O'KEEFE RESIDENCE 44°59'10.6"N 93°35'49.9"W REVOLUTION DESIGN + BUILD18305 MINNETONKA BLVD #200WAYZATA, MN 55391952.594.5037MIN LIC BC631863ISSUED03.29.24 FOR BID2022 REVOLUTION DESIGN + BUILD© S1.0126 MARY + DAVID O'KEEFE RESIDENCE 44°59'10.6"N 93°35'49.9"W SHEET INDEX T1.0 TITLE SHEET A1.1 MAIN LEVEL FLOOR PLAN A2.1 EXTERIOR ELEVATIONS A2.2 EXTERIOR ELEVATIONS A3.1 INTERIOR ELEVATIONS A4.1 BUILDING SECTIONS PROJECT NOTES E1.1 ELECTRICAL PLANS MARY + DAVIDO'KEEFE RESIDENCE44°59'10.6"N 93°35'49.9"WREVOLUTION DESIGN + BUILD 18305 MINNETONKA BLVD #200 WAYZATA, MN 55391 952.594.5037 MIN LIC BC631863 ISSUED 03.29.24 FOR BID 2022 REVOLUTION DESIGN + BUILD© T1.0 S1.0 SITE PLAN 127 MARY + DAVIDO'KEEFE RESIDENCE44°59'10.6"N 93°35'49.9"WREVOLUTION DESIGN + BUILD 18305 MINNETONKA BLVD #200 WAYZATA, MN 55391 952.594.5037 MIN LIC BC631863 ISSUED 03.29.24 FOR BID 2022 REVOLUTION DESIGN + BUILD© S1.0 128 2 7 '-0 "20' -0"30'-0"16'-0"5'-0"6'-4"12'-0"11'-8" 5'-0"24'-6"2'-0"14'-0"1 4 '-0 "2' -6"1 '-6 "1' -6"9 '-1 0 "11' -8"38'-6"4'-0"1'-0"5'-0"8 '-6 " 6 " 1 0 '-6 "8'-0"1 4 '-0 "107"105°105°105°75° N MARY + DAVIDO'KEEFE RESIDENCE44°59'10.6"N 93°35'49.9"WREVOLUTION DESIGN + BUILD 18305 MINNETONKA BLVD #200 WAYZATA, MN 55391 952.594.5037 MIN LIC BC631863 ISSUED 03.29.24 FOR BID 2022 REVOLUTION DESIGN + BUILD© A1.0 SCALE: 1/4"=1'-0" FOUNDATION PLAN SCALE: 1/8"=1'-0" TYPICAL SECTION 6" STEM WALL TO MATCH 5-1/2" SILL PLATE #4 X 24" DOWELS AT 72" ON CENTER MAX (5" MIN. EMBED) 20" X 8" CONCRETE STRIP FOOTING #4 CONTINUOUS REBAR AT TOP OF WALL 1/2" Ø X 10" LONG ANCHOR BOLTS (7" MIN. EMBED) AT 72" ON CENTER MAX. OR EQUIVALENT METAL STRAP ANCHORS 12" Ø SONOTUBE DECK FOOTINGS BELLED TO 18" WIDTH AT BOTTOM 8" [TYP. 6 SUCH] 129 WH HB ELCA1763ELCA1763ELCA1763ELCA1763ELCA1763 5 4 7 0 E L C A 1 7 6 32868ELCA1763ELCA1763ELCAP3763ELCA3763ELCA1763ELCAP3763ELCAP1763ELCA3763USPD9070 U S P D 8 0 7 0 U S P D 8 0 7 0 16X60 SCREENED PANEL16X60 SCREENED PANELELCA2963 ELCA2963 ESCAP1660 ELCAP1771 USPD9070 ELCAP3719 ELCAP3719 ELCAP3719 2668266826682668 28682668266828682668 ELCA1763 4068286826681 6 0 7 0 3 0 6 8 ELAWN3723ELCAP1723ELCA1743ELCA374326682868E1 A2.1 E1 A2.1 E2 A2.1 E2 A2.1 E4 A2.1 E4 A2.1 E5 A2.1 E5 A2.1 E3E3 E6E6 E4E4 E5E5 E7E7 E8E8 E9E9 E10E10 E11E11 E1E1 E12E12 E13E13 E14E14 E15E15 E16E16 E18E18 E19E19 E20E20 E21E21 E22E22 E23E23 E24E24 E25E25 E26E26 E27E27E28E28 E29E29 S1 A4.1 S1 A4.1 S3 A4.1 S3 A4.1 S5 A4.1 S5 A4.1 S4 A4.1 S4 A4.1 E17E17 S2 A4.1 S2 A4.1 E2E2 30'-0"16'-0"12'-0" 6'-4" 1'-0"1'-0"38'-5 3/8"1 5 '-6 1 /4 "11' -8"1 1 '-4 " 1 4 '-0 "14'-0"2'-0"24'-6"18'-0" 5'-0"4'-0"12"24" 5'-0"8'-0"1 4 '-0 "20' -0"2 7 '-0 " 8 '-6 " 1 0 '-6 " 6 "5'-0"75° 105°105°105°105°26763 : 121/4 : 123 : 124 : 1 2 1/4 : 12 4 : 1 2 3 : 123 : 123 : 123 : 124 : 12N N 109 LVT 107 LVT 111 LVT 102 LVT 103 LVT 105 LVT 114 CARPET 001 CONCRETE 101 LVT 108 CONCRETE 106 UNFINISHED 110 LVT 104 CARPET 113 CARPET 112 TILE A1.1MARY + DAVIDO'KEEFE RESIDENCE44°59'10.6"N 93°35'49.9"WREVOLUTION DESIGN + BUILD 18305 MINNETONKA BLVD #200 WAYZATA, MN 55391 952.594.5037 MIN LIC BC631863 ISSUED 03.29.24 FOR BID 2022 REVOLUTION DESIGN + BUILD© SCALE: 1/4"=1'-0" MAIN LEVEL FLOOR PLAN SCALE: 1/8"=1'-0" ROOF PLAN GUEST/OFFICEGUEST/OFFICE KITCHENKITCHEN LIVING ROOMLIVING ROOM WICWIC HALLHALL MUDROOMMUDROOM LAUNDRYLAUNDRY GARAGEGARAGE FOYERFOYER SCREENED PORCHSCREENED PORCH DENDEN UTILITYUTILITY 3/4 BATH3/4 BATH PRIMARY BEDROOMPRIMARY BEDROOM PRIMARY BATHPRIMARY BATH MECHANICAL CHASEWAY IN ATTIC ABOVE FURR DOWN SHOWER + TOILET ROOM TO 8FTFLUSH HEADER ABOVE4 : 1 2 HEADER ABOVE 130 ELCA1763 5470 ELCA1763 ELCA1763 ELCA1763 16070 ELCA1763 5470 ELCA1763 ELCA1763 ELCA1763 16070 ELAWN3723ELCAP1723 ELCA1743ELCA3743 ELCA1763 16X60 SCREENED PANEL16X60 SCREENED PANELELCA1763 5470 16070 ELAWN3723ELCAP1723 ELCA1743ELCA3743 ELCA1763 16X60 SCREENED PANEL16X60 SCREENED PANELELCA1763 5470 16070 ESCAP1660 USPD9070 ELCAP3719ELCAP3719ELCAP3719 USPD8070 ELCA2963ELCA2963 USPD9070 ELCAP1771 3068 ESCAP1660 USPD9070 ELCAP3719ELCAP3719ELCAP3719 USPD8070 ELCA2963ELCA2963 USPD9070 ELCAP1771 3068 ELCAP3763ELCAP1763ELCA3763 USPD9070 ELCA1763 3068 ELCA1763ELCA1763ELCAP3763ELCA3763 2676 ELCAP3763ELCAP1763ELCA3763 USPD9070 ELCA1763 3068 ELCA1763ELCA1763ELCAP3763ELCA3763 2676 MARY + DAVIDO'KEEFE RESIDENCE44°59'10.6"N 93°35'49.9"WREVOLUTION DESIGN + BUILD 18305 MINNETONKA BLVD #200 WAYZATA, MN 55391 952.594.5037 MIN LIC BC631863 ISSUED 03.29.24 FOR BID 2022 REVOLUTION DESIGN + BUILD© A2.1 SCALE: 1/4"=1'-0" EAST SIDE ELEVATION2 2.1 2 2.1 SCALE: 1/4"=1'-0" SOUTH SIDE ELEVATION1 2.1 1 2.1 SCALE: 1/4"=1'-0" NORTH SIDE ELEVATION3 2.1 3 2.1 SCALE: 1/4"=1'-0" WEST SIDE ELEVATION4 2.1 4 2.1 131 USPD8070USPD8070 54705470 ELCAP1723ELAWN3723 ELCA1743 ELCA3743 ELCAP1723ELAWN3723 ELCA1743 ELCA3743 26682668 USPD9070 ELCAP3719 ELCAP3719ELCAP3719ELCAP3719ELCAP3719ELCAP3719 USPD9070 ELCAP3719 ELCAP3719ELCAP3719ELCAP3719ELCAP3719ELCAP3719 26682668 ESCAP1660ESCAP1660 ELCAP1771ELCAP1771 26682668 SCALE: 3/8"=1'-0" MUDROOM BENCH3 A3.1 3 A3.1 MARY + DAVIDO'KEEFE RESIDENCE44°59'10.6"N 93°35'49.9"WREVOLUTION DESIGN + BUILD 18305 MINNETONKA BLVD #200 WAYZATA, MN 55391 952.594.5037 MIN LIC BC631863 ISSUED 03.29.24 FOR BID 2022 REVOLUTION DESIGN + BUILD© A3.1 SCALE: 3/8"=1'-0" MUDROOM CLOSET4 A3.1 4 A3.1 SCALE: 3/8"=1'-0" LAUNDRY ROOM6 A3.1 6 A3.1SCALE: 3/8"=1'-0" WALK-IN PANTRY5 A3.1 5 A3.1 SCALE: 3/8"=1'-0" LAUNDRY ROOM STORAGE7 A3.1 7 A3.1SCALE: 3/8"=1'-0" FOYER SCREEN1 A3.1 1 A3.1 SCALE: 3/8"=1'-0" FOYER BENCH2 A3.1 2 A3.1 SCALE: 3/8"=1'-0" LIVING ROOM FIREPLACE8 A3.1 8 A3.1 SCALE: 3/8"=1'-0" FIREPLACE MANTEL WATERFALL9 A3.1 9 A3.1 SCALE: 3/8"=1'-0" KITCHEN FIREPLACE10 A3.1 10 A3.1 SCALE: 3/8"=1'-0" KITCHEN SINK WALL11 A3.1 11 A3.1 SCALE: 3/8"=1'-0" KITCHEN FRIDGE WALL12 A3.1 12 A3.1 SCALE: 3/8"=1'-0" KITCHEN DROP ZONE13 A3.1 13 A3.1 SCALE: 3/8"=1'-0" GUEST VANITY14 A3.1 14 A3.1 SCALE: 3/8"=1'-0" GUEST BATH15 A3.1 15 A3.1 SCALE: 3/8"=1'-0" GUEST SHOWER16 A3.1 16 A3.1 SCALE: 3/8"=1'-0" GUEST CLOSET18 A3.1 18 A3.1 SCALE: 3/8"=1'-0" PRIMARY BEDROOM DOOR + TRANSOMS19 A3.1 19 A3.1 SCALE: 3/8"=1'-0" PRIMARY BATH LINEN20 A3.1 20 A3.1 SCALE: 3/8"=1'-0" PRIMARY BATH21 A3.1 21 A3.1 SCALE: 3/8"=1'-0" PRIMARY SHOWER22-25 A3.1 22-25 A3.1 SCALE: 3/8"=1'-0" PRIMARY VANITY26 A3.1 26 A3.1 SCALE: 3/8"=1'-0" PRIMARY CLOSET27 A3.1 27 A3.1 8" THICK FLOATING VENEER BENCH SOLID SURFACE TOP WOOD VENEER BENCH TOP SOLID SURFACE COUNTERTOP WITH 6" SPLASH 4" THICK WOOD VENEER MANTEL WITH WATERFALL END TILE 21" WIDE STONE FLOOR TO CEILING WOOD VENEER MANTEL WITH WATERFALL END AVENTOS HF LIFT HINGES AVENTOS HF LIFT HINGES STAINED INTERIOR FROSTED GLASS DOORS MIRRORED DOOR AT LINEN CABINET SOLID SURFACE TOP WITH 6" DROPPED MITER + 6" SPLASH 60" X 40" MIRROR FLOATING VANITY WITH WOOD VENEER TOP SCALE: 3/8"=1'-0" GUEST BATH TO BEDROOM17 A3.1 17 A3.1 SCALE: 3/8"=1'-0" PRIMARY CLOSET28 A3.1 28 A3.1 SCALE: 3/8"=1'-0" PRIMARY CLOSET29 A3.1 29 A3.1 8" DROP MITER BENCH FRONT + BACK 16 X 36" SHOWER NICHE WITH ONE SHELF SOLID SURFACE TOP WITH 6" SPLASH SOLID SURFACE TOP MAKEUP VANITY FLOATING OFF BACK WALL 132 SCALE: 1/4"=1'-0" PRIMARY BEDROOM SECTION MARY + DAVIDO'KEEFE RESIDENCE44°59'10.6"N 93°35'49.9"WREVOLUTION DESIGN + BUILD 18305 MINNETONKA BLVD #200 WAYZATA, MN 55391 952.594.5037 MIN LIC BC631863 ISSUED 03.29.24 FOR BID 2022 REVOLUTION DESIGN + BUILD© A4.1 1 A4.1 1 A4.1 SCALE: 1/4"=1'-0" GUEST / BATH SECTION2 A4.1 2 A4.1 SCALE: 1/4"=1'-0" FOYER / HALL / KITCHEN SECTION3 A4.1 3 A4.1 SCALE: 1/4"=1'-0" GARAGE SECTION4 A4.1 4 A4.1 SCALE: 1/4"=1'-0" GARAGE / DEN / LAUNDRY / LIVING SECTION5 A4.1 5 A4.1 MANUFACTURED 24" ON CENTER PARRALLEL CHORD NEST TRUSSES WITH 2X10 TOP CHORD FOR EXTENDED OVERHANG 2X10 SPF SUBFASCIA 1'-4" HEEL HEIGHT 8'-1 1/8" PLATE HEIGHT 2X6 SPF 16" ON CENTER WITH R-21 BATT INSULATION POLY VAPOR BARRIER 1/2" DRYWALL XP THERMAL INSULATION TO TOP OF FOUNDATION STUD HEIGHT ±12' ENGINEERED TALL WALL IF NECESSARY 2X10 CEDAR AT TRELLIS (TYP.) 2X10 DECK LEDGER WITH BOLTS 5/4 X 6 TREX DECKING 2X10 TREATED DECK JOISTS 16" ON CENTER (3) 2X10 FLUSH RIM 6X6 WITH SIMPSON POST ANCHORS 12" Ø SONOTUBE FOOTING BELLED TO 18" Ø AT BOTTOM 8" GAF TIMBERLINE ARCHITECTURAL GRADE SHINGLES SYNTHETIC FELT PAPER UNDERLAYMENT 1/2" OSB SHEATHING WITH CLIPS R-21 BATT INSULATION WITH POLY VAPOR BARRIER 1/2" DRYWALL LEVEL 4 FINISH 8'-0" 2X6 ON CENTER STUDS FULL LENGTH 6" CONCRETE CURB WALL 8" POURED FOUNDATION 20" X 8" FOOTING 4" CONCRETE WITH 30" X 30" REBAR GRID SLOPED 1/4" PER FOOT TOWARD DOOR R-60 INSULATION WITH POLY VAPOR BARRIER OVERALL 8'-10" CEILING HEIGHT 2X10 SUBFASCIA MANUFACTURED TRUSSES 4:12 PITCH 24" ON CENTER ICE & WATER BOTTOM 6FT 2X10 SPF SUBFASCIA VENTED ALUMINUM SOFFIT + FASCIA 1/2" OSB SHEATING WITH HOUSEWRAP LP SMARTSIDE CEDAR TEXTURE PANEL WITH VERTICAL GROOVE 8" ROCK FILL COMPACTED FILL EARTH R-60 INSULATION WITH POLY VAPOR BARRIER 60 MIL FULLY ADHERED EPDM MEMBRANE WITH TAPERED ISO INSULATION AND METAL DRIP EDGE 1/2" OSB 14" FLAT ROOF TRUSSES 24" ON CENTER 8'-6" PLATE HEIGHT 3:12 PITCH ENGINEERED MONO TRUSSES 24" ON CENTER 2X10 SPF ENLARGED TOP CHORD AS REQUIRED FOR EXTENDED OVERHANG R-60 INSULATION WITH POLY VAPOR BARRIER 9'-1 1/8" PLATE HEIGHT 2" RIGID FOAM INSULATION 8" ROCK WITH POLY VAPOR BARRIER COMPACTED FILL EARTH XP THERMAL TO TOP OF FOUNDATION 2X12 TREATED DECK FRAMING 16" ON CENTER (3) 2X12 TREATED DROPPED HEADER 6X6 TREATED POST WITH SIMPSON POST ANCHOR 12" Ø SONOTUBE FOOTING BELLED TO 18" Ø AT BOTTOM 8" 24" X 12" CHASEWAY FOR MECHANICALS WITH 2X4 SPF + 1/2" OSB INSULATED WITH 3" R-20 CLOSED CELL FOAM R-60 133 WH HB R R R R R R R R R R RRRR RRRRRRR R R R R R RRR R R EP 44 4 R WP N 109 LVT 107 LVT 111 LVT 102 LVT 103 LVT 105 LVT 114 CARPET 001 CONCRETE 101 LVT 108 CONCRETE 106 UNFINISHED 110 LVT 104 CARPET 112 TILE WITH INFLOOR HEAT 113 CARPET MARY + DAVIDO'KEEFE RESIDENCE44°59'10.6"N 93°35'49.9"WREVOLUTION DESIGN + BUILD 18305 MINNETONKA BLVD #200 WAYZATA, MN 55391 952.594.5037 MIN LIC BC631863 ISSUED 03.29.24 FOR BID 2022 REVOLUTION DESIGN + BUILD© E1.1 SCALE: 1/4"=1'-0" MAIN LEVEL ELECTRICAL FLOOR PLAN GUEST/OFFICEGUEST/OFFICE KITCHENKITCHEN LIVING ROOMLIVING ROOM WICWIC HALLHALL MUDROOMMUDROOM LAUNDRYLAUNDRY GARAGEGARAGE FOYERFOYER SCREENED PORCHSCREENED PORCH DENDEN UTILITYUTILITY 3/4 BATH3/4 BATH PRIMARY BATHPRIMARY BATH PRIMARY BEDROOMPRIMARY BEDROOM POWER FOR FUTURE HOT TUB 134 PROPERTY INFORMATION Lot 2, Block 1 Dumas Orchards Parcel Size 74,473.00 SF House 2,088.28 Garage 629.21 Porch 208.34 Deck (main)365.81 Deck (second)75.85 Subtotal All Structures 3,367.49 SF Driveway 3,281.41 Stoop 65.66 Walks (conc)97.33 Subtotal additional impervious 3,444.40 SF Total Hardcover 6,811.89 Parcel Size 74,473.00 9.15% 135 136 Sale # 139575 Conveyance 2010-0083 TO BE SOLD BY SEALED BID August 8, 2023 395 John Ireland Blvd. St Paul, MN 55155 Sale # 139575: NW Quad TH 12 & Old Crystal Bay Rd, Orono, Hennepin County, MN Containing approximately 1.71 acres Minimum Bid Accepted: $125,000.00 INTERESTED BIDDERS • Inspect the property and inform yourselves of existing conditions • Check with city and county officials for zoning and development limitations • Refer to http://www.dot.state.mn.us/row/pdfs/mndot_property_sales_faq.pdf for some answers to frequently asked questions. Site Description: This site is approximately 1.71 acres of Improvements to site: None Zoning: Please contact city and county officials for this information Directions to Property for Inspections: The property is located at the end of Goldenrod Way in Orono. Goldenrod Way can be accessed by going south on Old Crystal Bay Road from Wayzata Blvd. 137 Sale # 139575 Conveyance 2010-0083 TO BE SOLD BY SEALED BID August 8, 2023 395 John Ireland Blvd. St Paul, MN 55155 Conditions of Property: Property is sold “AS IS”. The Department of Transportation makes no representations or warranties regarding the condition or use of any property or its improvements including, but not limited to, the condition or habitability of ANY buildings, or the conditions of any wells, septic systems, soils, access, or any other items on site. Prospective bidders are encouraged to inspect the property, improvements, plat maps, easements, conditions of title, and encroachments in order to ensure knowledge of existing conditions. All property is sold subject to local zoning ordinances now or hereafter adopted by units of local government. Environmental Phase I information available upon request Well Information: There is evidence of a well which has been sealed on this parcel. A well sealing record will be provided to the winning bidder. Access: Please contact the City of Orono concerning legal access to this property. Access to TH12 will not be permitted from this parcel. Utilities: The Property is subject to the rights of existing utilities, if any, as provided in Minnesota Statutes §161.45 subd. 3. Questions on the bidding process, or terms and conditions of sale please contact: Land Sale Phone Line: 612-322-0387 Email: LandSales.MN.DOT@state.mn.us 138 Sale # 139575 Conveyance 2010-0083 TO BE SOLD BY SEALED BID August 8, 2023 395 John Ireland Blvd. St Paul, MN 55155 BID FORM FOR SALE OF LAND See attached sheets for the legal description and mapping of the land being advertised for sale. The minimum bid that MnDOT will accept is $125,000.00. Sealed bids must be received in Central Office – Rebecca Swenson, Property Conveyance Unit MS632, 395 John Ireland Blvd., St Paul, MN 55155-1800, not later than 1:45 PM, on August 8, 2023, at which time, bids will be publicly opened and read aloud. All bidders should inspect the property and inform themselves of existing conditions as well as check with city and county officials for zoning and development limitations. Purchaser agrees to pay all assessments (current or delinquent) taxes, closing costs and deferred installments of assessments, if any heretofore or hereafter levied again said real estate. State will pay deed tax only. The seller does not know of any wells on the property. The State of Minnesota will not furnish an abstract of title to the above described real estate. The Commissioner of Transportation reserves the right to reject any or all bids and to waive informalities therein. Bids made in pencil will be rejected. After approval by the Minnesota Department of Transportation, conveyance will be made by quit claim deed to the highest responsible bidder upon full payment of the bid price, which amount must be paid within 45 days of acceptance of the bid. Failure on the part of the successful bidder to pay the full sale price within 45 days after the acceptance of bid, shall be considered proof that the successful bidder has elected to abandon the purchase, and forfeit the bid security, not as a penalty, but in liquidation of damages sustained by the State of Minnesota as a result of such failure. Bid security of 10% of the bid in the form of a CERTIFIED CHECK, CASHIER’S CHECK, OR MONEY ORDER must accompany all bids. After the bid openings, the bid securities will be returned to all unsuccessful bidders. ENCLOSED HEREWITH IS BID SECURITY IN THE FORM OF CERTIFIED CHECK, CASHIER’S CHECK, OR MONEY ORDER (CIRCLE ONE) PAYABLE TO “COMMISSIONER OF TRANSPORTATION” IN THE SUM OF $______________________ WHICH IS 10% OF THE BID PRICE (Personal checks or cash will not be accepted and will cause the bid to be rejected.) In response to the terms herein specified, the undersigned, if award is tendered, agrees to purchase the property on the attached description sheet at the bid price quoted below. Amount of Bid $______________________________ Printed name and Signature of bidder Date Address of Bidder E-Mail of Bidder Phone Number Bidders are notified to submit their bid(s) in a regular envelope. It must have in BOLD in the left lower corner “BID ENCLOSED” along with the bid number and bid opening date. The envelope should also contain a return address. Forms may be downloaded from http://www.dot.state.mn.us/row/propsales.html Enclose all the following in an envelope marked “BID ENCLOSED” along with the sale number and your return address 1. This sheet, signed by the bidder with the amount of the bid 2. Non-collusion affidavit, signed and notarized 3. Bid security (certified check, cashier’s check, or money order made payable to “Commissioner of Transportation” 139 Sale # 139575 Conveyance 2010-0083 TO BE SOLD BY SEALED BID August 8, 2023 395 John Ireland Blvd. St Paul, MN 55155 NON-COLLUSION AFFIDAVIT STATE OF MINNESOTA ) )ss. COUNTY OF ) I, _____________________________________________________________________________, being (Name of person signing this affidavit) first duly sworn, do depose and say: 1) that I am the authorized representative of ______________________________________________________________________________ (Name of individual, partnership or corporation submitting this proposal) and that I have the authority to make this affidavit for and on behalf of said bidder; 2) that, in connection with this proposal, the said bidder has not either directly or indirectly entered into any agreement, participated in any collusion or otherwise taken any action in restraint of free competitive bidding; 3) that, to the best of my knowledge and belief, the contents of this proposal have not been communicated by the bidder or by any of his employees or agents to any person who is not an employee or agent of the bidder, and will not be communicated to any person who is not an employee or agent of the bidder prior to the official opening of the proposal, and 4) that, I have fully informed myself regarding the accuracy of the statements made in this affidavit. 5) Are you a current or former State of Minnesota Government Employee? □ Yes □ No If yes, please add department name and dates of employment. _________________________________________________________________________________ _________________________________________________________________________________ Signed: _________________________________ (Bidder or authorized representative) Subscribed and sworn to before me This_________ day of _____________, 20__ ____________________________________ Notary Public My commission expires ____________, 20__ 140 Sale # 139575 Conveyance 2010-0083 TO BE SOLD BY SEALED BID August 8, 2023 395 John Ireland Blvd. St Paul, MN 55155 Site Sketch NOTE: This map is not part of the bid form. This map is enclosed for the convenience of the bidder, to aid in identifying the general location of the land being offered for sale. Outlines of buildings and other items of construction, which are shown on the map, may not represent current conditions. 141 Sale # 139575 Conveyance 2010-0083 TO BE SOLD BY SEALED BID August 8, 2023 395 John Ireland Blvd. St Paul, MN 55155 Legal Description For all MnDOT properties currently for sale by bid or over the counter please visit our website at http://www.dot.state.mn.us/row/propsales.html 142 Am, Oeq *a zleo ClOtAMCCA Ago •. • \. 1 1l ` V J r From: mwbaker391/ comcast.net Sent: Monday, May 20, 2024 2:09 PM To: Laura Oakden Subject: #LA24-0000241 2980 Goldenrod Way, Lot Area Variance #LA24-000024, Revolution Design Build o/b/o Mary and David O'Keefe, 2980 Goldenrod Way, Lot Area Variance, Public Hearing (Laura Oakden) Hi Laura, I believe that the Commission is considering a proposed lot area variance for 2980 Goldenrod Way. I live at 2841 Goldenrod Way, and I have reviewed the materials in the packet. I have no objections to such a variance. Sincerely, Maggie Baker PUBLIC ATTENDANCE MEETING DATE r Z� ❑ CITY COUNCIL LANNING COMMISSION PARK COMMISSION OTHER Assistive Listening Device available upon request Please complete the following information for City Records Name (please print) Ira 4. 5 6. 10. 11. Address Present for (from agenda) Name or Number 12.