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Home My WebLink About07-15-2024 Planning Commission PacketAgenda Planning Commission Monday, July 15, 2024, 6:00 PM 2780 Kelley Parkway, Orono, MN 55356 952-249-4600 /oronomn.gov 1. Call to Order 2. Pledge of Allegiance 3. Approval of Agenda 4. Approval of Minutes 4.1. Planning Commission Minutes of June 17, 2024 5. Public Hearings 5.1. #LA24-000034, Matthew Tierney, 2285 and 2305 Bayview Place, Variances (Staff: Natalie Nye) 5.2. #LA24-000035, Molly Wolf, 2080 North Shore Drive, Variances (Staff: Natalie Nye) 5.3. LA24-000027, Bruce Boeder o/b/o SF Real Estate LLC, 3295 and 3345 Fox Street, Easement Vacation and Interim Use Permit (Staff: Laura Oakden) 5.4. #LA24-000038, Â Lake West Development, 3245 Wayzata Boulevard, Interim Use Permit, Material Import/Grading (Staff: Laura Oakden) 5.5. #LA24-000036, Mark & Mary Enger, 2697 Casco Point Road, Hardcover Variance (Staff: Melanie Curtis) 5.6. #LA24-000037, Mark Ferry & Elizabeth Flynn Ferry, 3545 Ivy Place, ALS Variance (Staff: Melanie Curtis) 6. Other Items 7. Adjournment Audience Members: Information regarding each of the agenda items is available on the city website under meetings and in the public packet located in the lobby near the entrance. Applicants will be asked to move to the lectern to answer questions after staff presents the application. The Planning Commission is an advisory body to the City Council. If action is taken on any items on this agenda, they will be scheduled for an upcoming City Council meeting. A quorum of the City Council may be in attendance of a Planning Commission meeting to hear comments made, though no action or deliberation of the Council will occur. Sign up for email notifications at https://www.oronomn.gov/ 1 Date: July 15, 2024 Item: 4.1 Presenter: Laura Oakden, Community Development Director Section: Approval of Minutes Title: Planning Commission Minutes of June 17, 2024 1.Purpose: Approve the Planning Commission Minutes of June 17, 2024 2.Planning Commission Action Requested: Approve the Planning Commission Minutes of June 17, 2024 AGENDA ITEM Exhibits 06.17.2024 Planning Commission Minutes.pdf 2 Minutes Planning Commission Regular Meeting Monday, June 17, 2024, 6:00 PM City Council Chambers 2780 Kelley Parkway, Orono, MN 55356 Page 1 of 5 Chair Bollis called the meeting to order at 6:00 p.m., followed by the Pledge of Allegiance. 1. ROLL CALL Orono Planning Commission members present: Chair Chris Bollis, Commissioners Dennis Libby, Jon Ressler, Bob Erickson, Scott Kirchner, Ted Schultze and Gary Kraemer (arrived about 6:40 p.m.). Commissioner Mark McCutcheon was absent. 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 6, Nays 0. 4. APPROVAL OF PLANNING COMMISSION MEETING MINUTES OF APRIL 15, 2024 Ressler moved, Schultze seconded, to approve the minutes of the Orono Planning Commission meeting of April 15, 2024. VOTE: Ayes 6, Nays 0. 5. PUBLIC HEARINGS 5.1 LA24-000018, MATT JASPER, 4745 NORTH SHORE DRIVE-CUP, VARIANCES The Planning Commission is requested to review the Staff report, receive a presentation, and discuss and deny the application for the new shed and table the rest of the application for additional information. The Planning Commission discussed the item and asked questions of staff and the applicant, Matt Jasper, 4745 North Shore Drive. Chair Bollis opened the public hearing at 6:38 p.m. There were no public comments. Chair Bollis closed the public hearing at 6:38 p.m. Several Planning Commissioners said they could see the need to move forward with the stairs and retaining wall. The proposed structure would not be in-kind because the existing structure that was torn down was never permitted and the structure that was depicted on the most recent survey was much smaller. Commissioners debated tabling the full item, denying the full application so it could move forward to City Council, or doing a split recommendation. Ressler moved, Kirchner seconded, to deny LA24-000018, 4745 North Shore Drive-Cup Variances and forward the Commission’s comments. VOTE: Ayes: 6, Nays 0, Abstain 1 (Kraemer). 3 Minutes Planning Commission Regular Meeting Monday, June 17, 2024, 6:00 PM City Council Chambers 2780 Kelley Parkway, Orono, MN 55356 Page 2 of 5 5.2 LA24-000026, GREGG STEINHAFEL, 2265 AND 2285 NORTH SHORE DRIVE-GRADING IUP The Planning Commission is requested to review the Staff report, receive a presentation, and discuss and approve the request for the Grading IUP. The Planning Commission discussed the item and asked questions of staff and the applicant, Gregg Steinhafel, 2265 and 2285 North Shore Drive. Chair Bollis opened the public hearing at 7:02 p.m. Steve Clear, 1360 French Creek Drive, provided comments. Chair Bollis closed the public hearing at 7:06 p.m. Commissioners indicated support for the plan, noting some comments made by the City Engineer. Ressler moved, Kraemer seconded, to approve LA24-000026, 2265 AND 2285 North Shore Drive- Grading IUP as applied. VOTE: Ayes: 7, Nays 0. 5.3 LA24-000028, STEVE WHITE, 4375 BAYSIDE ROAD, PRELIMINARY PLAT The Planning Commission is requested to review the Staff report, receive a presentation, and discuss and approve the request for the Preliminary Plat. The Planning Commission discussed the item and asked questions of staff and the applicant, Steve White, 4375 Bayside Road. Chair Bollis opened the public hearing at 7:14 p.m. There were no public comments. Chair Bollis closed the public hearing at 7:14 p.m. Commissioners supported the plat plan for conforming lots. Kirchner moved, Libby seconded, to approve LA24-000028, 4375 Bayside Rd. Preliminary Plat as applied. VOTE: Ayes: 7, Nays 0. 5.4 LA24-000029, ROBEY CONSTRUCTION O/B/O STEVE STREICH, 1487 SHORELINE DRIVE, VARIANCE The Planning Commission is requested to review the Staff report, receive a presentation, and discuss and approve the request for the variance. The Planning Commission discussed the item and asked questions of staff and the applicant, Bill Robey of Robey Construction. 4 Minutes Planning Commission Regular Meeting Monday, June 17, 2024, 6:00 PM City Council Chambers 2780 Kelley Parkway, Orono, MN 55356 Page 3 of 5 Chair Bollis opened the public hearing at 7:17 p.m. There were no public comments. Chair Bollis closed the public hearing at 7:17 p.m. Planning Commissioners noted the change of entry gable was minor and minimally affected the appearance of the hone and did not affect the view for any other property. The only reason a variance is needed is that a portion of the house is within the 75-foot setback, Ressler moved, Kraemer seconded, to approve LA24-000029, 1487 Shoreline Drive, Variance as applied. VOTE: Ayes: 7, Nays 0. 5.5 LA24-000030, ASPECT DESIGN BUILD LLC., 3465 & 3515 6TH AVENUE N,+PIDS29-118- 23-43-0013,29-118-23-44-0004 & 29-118-23-44-0006-PRELIMINARYPLAT The Planning Commission is requested to review the Staff report, receive a presentation, and discuss and approve the request for the Preliminary Plat. The Planning Commission discussed the item and asked questions of staff and the applicants, Shaun Winkler and Tom Preissing of Aspect Design Build, Excelsior. Chair Bollis opened the public hearing at 7:40 p.m. Tom and Nancy Sawyer, 3405 County Road 6, provided comments. Chair Bollis closed the public hearing at 7:47 p.m. Planning Commissioners discussed tree preservation on the property including an area where trees have been planted by a neighbor, as well as entrance signage. Ressler moved, Libby seconded, to approve LA24-000030, 3465 & 3515 6th Avenue N. Preliminary Plat as applied with the addition of the 13 required trees as well as all other requirements and extending the tree preservation area north along the gravel drive. VOTE: Ayes: 7, Nays 0. 5.6 LA24-000031, PETER ESKUCHE, 3120 NORTH SHORE DRIVE, VARIANCE The Planning Commission is requested to review the Staff report, receive a presentation, and discuss and approve the request for the variance to increase the deck size. The Planning Commission discussed the item and asked questions of staff and the applicant, Rick Born, 3120 North Shore Drive. Chair Bollis opened the public hearing at 8:12 p.m. There were no public comments. 5 Minutes Planning Commission Regular Meeting Monday, June 17, 2024, 6:00 PM City Council Chambers 2780 Kelley Parkway, Orono, MN 55356 Page 4 of 5 Chair Bollis closed the public hearing at 8:12 p.m. Planning Commissioners said the request was minimal and would not impact lake views or average lakeshore setback or increase hardcover beyond the maximum. Libby moved, Kirchner seconded, to approve LA24-000031, 3120 North Shore Drive, Variance as applied. VOTE: Ayes: 7, Nays 0. 5.7 LA24-000032, GOOD SHEPHERD LUTHERAN CHURCH, 3745 SHORELINE DRIVE, VARIANCES The Planning Commission is requested to review the Staff report, receive a presentation, and discuss and approve the request for a sign variance for a digital display sign of the same size. The Planning Commission discussed the item and asked questions of staff and the applicant, Derek Tronsgard, lead pastor of Good Shepherd Church. Chair Bollis opened the public hearing at 8:16 p.m. There were no public comments. Chair Bollis closed the public hearing at 8:16 p.m. Planning Commissioners indicated support for the sign variance, noting there were no nearby homeowners to be disturbed by lights from a digital sign. Erickson moved, Kirchner seconded, to approve LA24-000032, 3745 Shoreline Drive, Variances as applied. VOTE: Ayes: 7, Nays 0. 5.8 LA24-000033, BRIAN & SARAH MUHLBAUER, 1448 BALDUR PARK ROAD- VARIANCES AND CUP The Planning Commission is requested to review the Staff report, receive a presentation, and discuss and approve the request for the variances and CUP for a new home on the site with a modification to the driveway entrance to the street. The Planning Commission discussed the item and asked questions of staff and the applicants, Brian and Sarah Muhlbauer, 1448 Baldur Park Road. Chair Bollis opened the public hearing at 8:33 p.m. There were no public comments. Chair Bollis closed the public hearing at 8:33 p.m. 6 Minutes Planning Commission Regular Meeting Monday, June 17, 2024, 6:00 PM City Council Chambers 2780 Kelley Parkway, Orono, MN 55356 Page 5 of 5 Planning Commissioners called it a well-though-out plan on a very tight lot that improves set-backs and hard cover with the wider driveway and removal of a detached garage very near the road. Planning Commissioners did not support a driveway cut-out at the road. Ressler moved, Kraemer seconded, to approve LA24-000033, 1448 Baldur Park Road – Variances and CUP as applied but limiting the structure to 20 percent. VOTE: Ayes: 7, Nays 0. 6. OTHER ITEMS Oakden updated the Commissioners noting the City Council reviewed and the items the Planning Commission had forwarded and had a work session discussion on average lakeshore setback and driveway width similar to the DNR Shoreline Management Ordinance. 7. ADJOURNMENT Schultze moved, Kirchner seconded, to adjourn the Planning Commission Meeting at 8:44 p.m. to July 15, 2024. VOTE: Ayes 7, Nays 0. ATTEST: _________________________________________ Christopher Bollis, Chair 7 Date: July 15, 2024 Item: 5.1 Presenter: Natalie Nye, Planner Section: Public Hearings Title: #LA24-000034, Matthew Tierney, 2285 and 2305 Bayview Place, Variances (Staff: Natalie Nye) 1.Purpose: The applicant is requesting lot area, lot width and front yard setback variances to support an administrative lot line rearrangement between 2285 and 2305 Bayview Place. 2.MN§15.99 Application Deadline: The application was received on June 13, 2024 and deemed complete on July 1, 2024. The 60-Day timeline for review expires on August 30, 2024. 3.Background: The applicant owns the properties located at 2285 and 2305 Bayview Place. Both properties are substandard for the LR-1C zoning district. 2305 Bayview Place contains a single-family home, while 2285 Bayside Place is currently vacant. The properties are uniquely configured and both have frontage on Bayside Place and Navarre Lane. The applicant is proposing a lot line adjustment between the two properties to improve the shape of the lots and therefore create more usable building envelopes. The lot line adjustment is an administrative application, however, due to the lots being substandard in size and width, variances are required. The applicant is seeking lot size and width variances for both 2285 and 2305 Bayside Place, as well as a front yard setback variance for 2305 Bayview Place due to the location of the existing home. No additional variances are requested for 2285 Bayview Place, once the vacant lot is built upon, it will need to conform to all required setbacks. 4.Public Comment: There have been no public comments submitted. 5.Staff Recommendation: Staff is supportive of the lot area, lot width, and front yard setback variances required to support an administrative lot line rearrangement between nonconforming properties. 6.Planning Commission Action Requested: Motion to recommend approval of the variances requested for 2285 and 2305 Bayview Place. AGENDA ITEM Exhibits Exhibit A - Staff Report Exhibit B - Application Exhibit C - Practical Difficulties Form Exhibit D - Survey 8 Exhibit E - Plans Exhibit F - Hardcover Calculations Exhibit G - Narrative Exhibit H - Site Photos Exhibit I - Mailing List & Map 9 Date Application Received: 06/13/2024 Date Application Considered as Complete: 07/01/2024 60-Day Review Period Expires: 08/30/2024 To: Chair Bollis and Planning Commission Members Adam Edwards, City Administrator From: Natalie Nye, Planner Date: July 15, 2024 Subject: #LA24-000034, Matthew Tierney, 2285 & 2305 Bayview Place – Variances – Public Hearing Background The applicant owns the properties located at 2285 and 2305 Bayview Place. Both properties are substandard for the LR-1C zoning district. 2305 Bayview Place contains a single-family home, while 2285 Bayside Place is currently vacant. The properties are uniquely configured and both have frontage on Bayside Place and Navarre Lane. The applicant is proposing a lot line adjustment between the two properties to improve the shape of the lots and therefore create more usable building envelopes. The lot line adjustment is an administrative application, however, due to the lots being substandard in size and width, variances are required. The applicant is seeking lot size and width variances for both 2285 and 2305 Bayside Place, as well as a front yard setback variance for 2305 Bayview Place due to the location of the existing home. No additional variances are requested for 2285 Bayview Place, once the vacant lot is built upon, it will need to conform to all required setbacks. Practical Difficulties Analysis Applicant Submittal Information: The applicant has identified the irregular shape and substandard size of the properties as practical difficulties. The proposed lot line adjustment would create two standard shaped lots with improved setbacks. The proposal would allow for a conforming expansion of the existing home (2305 Bayside Road) and a usable building envelope for the vacant lot (2285 Bayside Road). Planning Staff Practical Difficulty Analysis: Staff agrees with the applicant’s assessment. The properties are substandard for the LR-1C District, which requires 0.5 acres in size and 100 feet in width as minimums. The existing configuration of the lots impacts their buildability. The proposed lot line adjustment improves the building envelopes for both lots and eliminates the challenges brought on by the unique shapes and multiple frontages. The lot line adjustment would make both homes front on Navarre Lane, which would improve existing setbacks for the current home at 2305 Bayside Place. LOT ANALYSIS WORKSHEET Section 78-350 LR-1C District Setbacks: Required Existing Proposed 2305 Bayview Place (existing home) Front 30’ 16.2’ (Bayview Place) 26.9’ (Navarre Lane) Interior Side 10’ 10’ 10’ Corner Side 15’ 26.9’ (Navarre Lane) 16.2’ (Bayview Place) Rear 30’ 50’ 43.3’ Application Summary: The applicant is requesting variances for lot area, lot width, and front yard setback to support an administrative lot line rearrangement between the properties. Staff Recommendation: Planning Department Staff recommends approval. 10 FILE #LA24-000034 July 15, 2024 Page 2 of 5 Section 78-350 – LR-1C Lot Area/Width: 2305 Bayview Place (existing home) Required Existing Proposed Lot Area 0.5 acres 0.26 acres 0.29 acres Lot Width 100’ 115’ (Bayside Road) 88’ (Navarre Lane) 2285 Bayview Place (vacant) Lot Area 0.5 acres 0.24 acres 0.21 acres Lot Width 100’ 30’ (Navarre Lane) 87’ (Navarre Lane) Section 78-1680 and 78-1700 – Hardcover Calculations: Stormwater Overlay District Tier 3 – 35% Existing Lot Area Existing Hardcover Proposed Lot Area Proposed Hardcover 2305 Bayview Place 11,196 sq.ft. (0.26 acres) 2,233 sq.ft. (19.94%) 12,632 sq.ft. (0.29 acres) 3,277 s.f. (25.96%) 2285 Bayview Place (vacant) 10,479 sq.ft. (0.24 acres) 3,667 sq.ft. (35%) max permitted 9,147 sq.ft (0.21 acres) 3,201 sq.ft. (35%) max permitted Applicable Regulations: Lot Area and Lot Width Variances (Section 78-350) The LR-1C Zoning District requires a minimum lot size of 0.5 acres and a minimum lot width of 100 feet. The applicant is requesting an administrative lot line adjustment; however, the subject properties are substandard for the LR-1C District and will continue to be substandard after the proposed lot line rearrangement. 2305 Bayview Place is currently 0.26 acres and proposed to be 0.29 acres after the lot line rearrangement. The lot width of 2305 Bayview Place is currently conforming at 115 feet; however, the lot line rearrangement would change the front from Bayview Place to Navarre Lane and thus creating a narrower lot width of 88 feet. 2285 Bayview Place is currently 0.24 acres and will be 0.21 acres after the lot line rearrangement. The lot width for 2285 Bayview Place is 30 feet currently and proposed to be 87 feet. Variances for lot area and lot width are required for both 2305 and 2285 Bayview Place in order to move forward with the administrative lot line adjustment. Front Yard Setback Variance (Section 78-350) – 2305 Bayview Place 2305 Bayside Place is currently improved with a single-family home. The lot’s current configuration fronts on Bayview Place, due to that being the shorter of the two street frontages. The current configuration is nonconforming to both the front yard (Bayview Place) and the corner side yard. The proposed lot line rearrangement would flip the front to Navarre Lane. This would improve the current home’s nonconformity. With the proposed lot configuration, the existing home would have a conforming corner side yard, but would not conform to the 30-foot required setback for the front yard. The existing home is 26.9 feet from the front property line and thus 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, 11 FILE #LA24-000034 July 15, 2024 Page 3 of 5 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 intent of the Ordinance is to allow the development of a lot of record, even if it is nonconforming in size and width. The subject properties are currently nonconforming. The applicant is the owner of the two properties and wishes to adjust the shared property line. The proposed lot line adjustment improves the lot configurations and buildability. The proposed lot line adjustment will bring the current home located on 2305 Bayview Place closer to conformance. This criterion is met. 2. The variance is consistent with the comprehensive plan. The variances allow an administrative lot line adjustment to take place for two nonconforming lots. The applicant has identified the necessary practical difficulties inherent to the land supporting their requests. Bringing the existing home at 2305 Bayview Place closer to conformance is consistent with the goals of the Comprehensive Plan. This criterion is met. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The proposed lot line adjustment improves the configuration of two nonconforming lots. The lot line adjustment brings the current home at 2305 Bayview Place closer to conformance and improves the building envelope of 2285 Bayview Place, which will allow for the development of the lot without additional variances. The lot line adjustment between two nonconforming lots that improves some nonconformities is reasonable. This criterion is met. b. There are circumstances unique to the property not created by the landowner; The substandard size and configuration of the subject properties is not at the result of the current property owner’s actions; and c. The variance will not alter the essential character of the locality. The proposed variances supporting the lot line rearrangement will not alter the character of the area. The proposed lot configuration is a more standard and predictable development pattern. The proposed lots will both front on Navarre Lane and will be closer to conformance. This criterion is met. Additionally, City Code 78-123 provides additional parameters within which a variance may be granted as follows: 12 FILE #LA24-000034 July 15, 2024 Page 4 of 5 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination. 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 17, when in harmony with Orono City Code Chapter 78. This condition is not applicable. 6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located. This condition is not applicable, as a residential home is a permitted use in the LR-1C District. 7. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. This condition is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The substandard lot sizes, substandard lot widths, and existing conditions of the properties are unique and specific conditions. This criterion is met. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. While there are surrounding properties that are similar in size, the location of the existing structures on the property and the shape of the lots are unique to the subject properties. 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 configuration of lots does not allow for the expansion of the existing home at 2305 Bayview Place in a conforming manor. It also limits the building envelope for the vacant lot at 2285 Bayview Place. The requested variances allowing the administrative lot line adjustment allows for improved buildability of both lots. This criterion is met. 11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. Granting the requested variances will not adversely impact health, safety, comfort, or morals of the community. This criterion is met. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The variances allow for an administrative lot line adjustment to take place for two nonconforming lots. The requested variances and proposed lot configuration will bring the existing home at 2305 Bayside Place closer to conformance and allow 2285 Bayside Place to be developed without the need of more variances. 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. 13 FILE #LA24-000034 July 15, 2024 Page 5 of 5 Public Comments No public comments have been received to date. Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to use the properties in a reasonable manner which is not permitted by an official control? 2. Does the Planning Commission find that the variance(s), if granted, will not alter the essential character of the neighborhood? 3. Are there any other issues or concerns with this application? Planning Staff Recommendation Staff is supportive of the requested variances for lot area, lot width, front yard setback in order to facilitate an administrative lot line adjustment for 2285 and 2305 Bayview Place. 14 Land Use Application Summary Application Date:06/13/2024 Address:2305 Bayview PL Orono, MN 55391 Parcel Number:1711723440033 Land Use Number:LA24-000034 Application Submitted By:Property Owner Owner:Name: Matthew Tierney Address: Shorewood Properties - Matthew Tierney Applicant:Name: Matthew Tierney Company: Shorewood Properties Address: 340 N Tessier Dr St Pete Beach , FL 33706 tierney.properties@gmail.com Contact Information:Associated Contact: Associated Contact: Associated Contact: Associated Contact: Project Description:Variances for boundary line adjustment (includes 2285 Bayview Pl; PID 17- 117-23-44-0032) 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: 6/26/24, 2:53 PM Permit Details | Citizenserve https://www3.citizenserve.com/Admin/PermitController?Action=DisplayPermitDetail&SelectedTab=Permits&Permit_ID=17003750&WorkOrder_ID=885…1/115 PRACTICAL DIFFICULTIES DOCUMENTATION FORM LA24-000034 1. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter. Response: The properties will be used in a permitted manner. 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: Correct, it will make the character better. 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: ok 7. The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. Response: ok 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. Response: The current lot arrangement is strange and the new one will be much better. 9. The conditions do not apply generally to other land or structures in the district in which said land is located. Response: na 10. The granting of the application is necessary for the preservation and enjoyment of a 16 substantial property right of the applicant. Response: Yes, the current garage on the 2305 Bayview Place property is dangerous, and i cannot build a new garage without replating to put the new garage on a flat surface. This is also a reason for the replatt. 11. The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code. Response: Correct. 12. The granting of such variance will not merely serve as a convenience to the applicant but is necessary to alleviate demonstrable difficulty. Response: Correct. See the current driveway at 2305 Bayview Place. 17 18 S 56°32'00" E 188.50S 63°50'48" W 173.79N 56°34'32" W 100.50N 33°25'30" E 150.00EXISTINGHOUSE#230530BLACKTOPROADWAY23.521.513.026.314.50.624.428.62.620.1BAYVIEW PL.FRONTTHRESHOLD=(960.6)RET.WALLBOULDERRETAININGWALLBLACKTOPDRIVEGASMETERELEC.METER(958.4)(957.2)(955.8)(952.9)(949.0)(947.4)POWERPOLEPOWERPOLE17.416.22 6 .9 METALEGRESSWELLGARAGEFLOOR=(959.2)HYD'TOVERHEAD WIRESOVERHEAD WIRESA/C10.00NE'LY LINEOF LOT 31MOST N'LYCORNER OFLOT 31S 33°28'00" W 120.00 58.15S 56°32'00" ES 33°28'00" WNW'LY LINEOF LOT 31SE'LY LINEOF LOT 31MOST E'LYCORNER OFLOT 319589589609609629589 5 8 9 5 6 9 5 4952 952950948946944940956954952950948946944942940(959.5)(961.4)(961.6)(960.4)(963.0)(961.8)(958.7)(958.5)(952.9)(952.6)(957.7)TW=(957.7)BW=(953.7)TW=(957.3)BW=(953.8)TW=(953.3)BW=(954.9)956954952950948EXISTINGDIVIDINGLINE60.0074.0010.0EASTERLY PARCELWESTERLY PARCEL0.26 AC. BEFORE0.29 AC. AFTER+-+-0.24 AC. BEFORE0.21 AC. AFTER+-+-(A)(D)(E)(E)NAVARRE LANEBAYVIEW PLACE2x12"x14"PAPER BIRCH14" HACKBERRY8"x10" LINDEN2-10" LINDEN16" BOXELDER10" HACKBERRY28" WALNUT28" HACKBERRY16" LOCUST12" WALNUT18" WALNUT18" BIRCH12"x16" BIRCH20" OAK22" OAK14" WALNUT16" HACKBERRY16" WALNUT12" WALNUTP R O P O S E D N E W D R I V ENORTH9869 SQ. FT.11, 199 SQ. FT. TOTAL LOT SIZE471 SQ. FT. EXISTING DRIVEWAY2233 SQ. FT. / 11,199 SQ. FT. = 19.94% HARDCOVER2305 BAYVIEW PLACE -LOT 312285 BAYVIEW PLACE0% HARDCOVEREXISTINGPORCH1557 SQ. FT.EXISTING HOUSE & PORCH153 SQ. FT. EXIST. PORCH52 SQ. FT. EXIST. WALKSHEET INDEXPROJECT TEAMARCHITECT STRUCTURAL ENGINEERGENERAL CONTRACTORISSUED FOR ISSUE DATESTRUCTURAL COORD.PROGRESS SETREVISIONPERMIT SETESTIMATE / BID SETADDENDUMCONSTRUCTION SETSHEETNUMBERLEGAL NOTICE:THESE DOCUMENTS SHALL NOT BE REPRODUCED OR REDISTRIBUTED WITHOUT EXPRESSED WRITTEN CONSENT OF SHARRATT DESIGN & COMPANY, LLC.C COPYRIGHT 2024 SHARRATT DESIGN & COMPANY, LLC.464 SECOND STREETSUITE 100EXCELSIOR, MN 55331 PH: 952-470-9750FAX: 952-767-5859info@sharrattdesign.com 06 / 20 / 24XP R E L I M I N A R Y - N O T F O R C O N S T R U C T I O NMEETING SETSHARRATT DESIGN & COMPANY, LLC464 SECOND STREET, SUITE 100EXCELSIOR, MN 55331CONTACT: MIKE SHARRATT (952-470-9750) 06 / 26 / 24X06 / 28 / 24X07 / 01 / 24VARIANCE SUBMISSIONEX1T.B.D.T.B.D.TIERNEY HOME2305 BAYVIEW PLACEPROPOSED REMODELING OF THEORONO, MN1/8" = 1'-0"ORIGINAL LOTS AND EXIST. HOMEINFORMATION ON SITE PLAN TAKENFROM SURVEY BY GRONBERG & ASSOCIATES, INC.3-17-23EX1 ORIGINAL SITE AND EXISTING HOMEEX2 EXISTING FLOOR PLANSEX3 EXISTING EXTERIOR ELEVATIONSA1 PROPOSED SITE PLANA2 NEW FLOOR PLANSA3 NEW ELEVATIONSA4 NEW EXTERIOR ELEVATIONSINFORMATION FOR EXIST. SITE PLAN TAKENFROM SURVEY BY GRONBERG & ASSOCIATES, INC.3-17-23PC Exhibit E19 3' - 0"23' - 0"12' - 6 1/2"21' - 0"26' - 0 1/2"1' - 0"20' - 0"28' - 0 1/2"24' - 0"14' - 6 1/2"48' - 0 1/2"38' - 6 1/2"48' - 0 1/2"38' - 6 1/2"PORCHUPDNREFDWGARAGEMASTER SUITEMASTER BATHWALK-INKITCHENDININGLIVING ROOMPOWDERUNEXCAVATEDWINDOWWELLWASHDRYWHFURUPBUILT-INBEDROOM 4BEDROOM 5LAUNDRYBATHFAMILY ROOMMECH.DNSLOPESLOPESLOPESLOPEBEDROOM 3BEDROOM 2WALK-INWALK-INBATHSHEET INDEXPROJECT TEAMARCHITECT STRUCTURAL ENGINEERGENERAL CONTRACTORISSUED FOR ISSUE DATESTRUCTURAL COORD.PROGRESS SETREVISIONPERMIT SETESTIMATE / BID SETADDENDUMCONSTRUCTION SETSHEETNUMBERLEGAL NOTICE:THESE DOCUMENTS SHALL NOT BE REPRODUCED OR REDISTRIBUTED WITHOUT EXPRESSED WRITTEN CONSENT OF SHARRATT DESIGN & COMPANY, LLC.C COPYRIGHT 2024 SHARRATT DESIGN & COMPANY, LLC.464 SECOND STREETSUITE 100EXCELSIOR, MN 55331 PH: 952-470-9750FAX: 952-767-5859info@sharrattdesign.com 06 / 20 / 24XP R E L I M I N A R Y - N O T F O R C O N S T R U C T I O NMEETING SETSHARRATT DESIGN & COMPANY, LLC464 SECOND STREET, SUITE 100EXCELSIOR, MN 55331CONTACT: MIKE SHARRATT (952-470-9750) 06 / 26 / 24X06 / 28 / 24X07 / 01 / 24VARIANCE SUBMISSIONEX2T.B.D.T.B.D.TIERNEY HOME2305 BAYVIEW PLACEPROPOSED REMODELING OF THEORONO, MN5'0'10'20'EX1 ORIGINAL SITE AND EXISTING HOMEEX2 EXISTING FLOOR PLANSEX3 EXISTING EXTERIOR ELEVATIONSA1 PROPOSED SITE PLANA2 NEW FLOOR PLANSA3 NEW ELEVATIONSA4 NEW EXTERIOR ELEVATIONS1/4" = 1'-0"EXISTING MAIN LEVEL FLOOR PLAN1/4" = 1'-0"EXISTING LOWER LEVEL FLOOR PLAN1/4" = 1'-0"EXISTING UPPER LEVEL FLOOR PLAN20 MAIN LEVELMAIN PLATEUPPER LEVELUPPER PLATE8' - 6"7' - 10"MAIN LEVELMAIN PLATET.O. FDN.UPPER LEVELUPPER PLATEBSMT LEVEL7' - 5"8' - 6"7' - 10"METAL WINDOW WELLMETAL WINDOW WELLSHEET INDEXPROJECT TEAMARCHITECT STRUCTURAL ENGINEERGENERAL CONTRACTORISSUED FOR ISSUE DATESTRUCTURAL COORD.PROGRESS SETREVISIONPERMIT SETESTIMATE / BID SETADDENDUMCONSTRUCTION SETSHEETNUMBERLEGAL NOTICE:THESE DOCUMENTS SHALL NOT BE REPRODUCED OR REDISTRIBUTED WITHOUT EXPRESSED WRITTEN CONSENT OF SHARRATT DESIGN & COMPANY, LLC.C COPYRIGHT 2024 SHARRATT DESIGN & COMPANY, LLC.464 SECOND STREETSUITE 100EXCELSIOR, MN 55331 PH: 952-470-9750FAX: 952-767-5859info@sharrattdesign.com 06 / 20 / 24XP R E L I M I N A R Y - N O T F O R C O N S T R U C T I O NMEETING SETSHARRATT DESIGN & COMPANY, LLC464 SECOND STREET, SUITE 100EXCELSIOR, MN 55331CONTACT: MIKE SHARRATT (952-470-9750) 06 / 26 / 24X06 / 28 / 24X07 / 01 / 24VARIANCE SUBMISSIONEX3T.B.D.T.B.D.TIERNEY HOME2305 BAYVIEW PLACEPROPOSED REMODELING OF THEORONO, MNEX1 ORIGINAL SITE AND EXISTING HOMEEX2 EXISTING FLOOR PLANSEX3 EXISTING EXTERIOR ELEVATIONSA1 PROPOSED SITE PLANA2 NEW FLOOR PLANSA3 NEW ELEVATIONSA4 NEW EXTERIOR ELEVATIONS1/4" = 1'-0"EXISTING FRONT ELEVATION1/4" = 1'-0"EXISTING RIGHT ELEVATION1/4" = 1'-0"EXISTING REAR ELEVATION1/4" = 1'-0"EXISTING LEFT ELEVATION21 S 56°32'00" E 188.50S 63°50'48" W 173.79N 56°34'32" W 100.50N 33°25'30" E 150.00EXISTINGHOUSE#2305PROPOSEDDIVIDINGLINE30BLACKTOP ROADWAY21.514.50.624.428.62.6BAYVIEW PL.FRONTTHRESHOLD=(960.6)RET.WALLBOULDERRETAININGWALLGASMETERELEC.METER(958.4)(957.2)(955.8)(952.9)(949.0)(947.4)POWERPOLEPOWERPOLE17.416.22 6 .9 METALEGRESSWELLGARAGEFLOOR=(959.2)HYD'TOVERHEAD WIRESOVERHEAD WIRESA/CNE'LY LINEOF LOT 31MOST N'LYCORNER OFLOT 31S 33°28'00" W 120.00 58.15S 56°32'00" ES 33°28'00" WNW'LY LINEOF LOT 31SE'LY LINEOF LOT 31MOST E'LYCORNER OFLOT 319589589609609629589 5 4952 952950948946944940956954952950948946944942940(959.5)(961.4)(961.6)(960.4)(963.0)(961.8)(958.7)(952.9)(952.6)(957.7)TW=(957.7)BW=(953.7)TW=(957.3)BW=(953.8)TW=(953.3)BW=(954.9)95695495295094860.0074.0010.0EASTERLY PARCELWESTERLY PARCEL0.26 AC. BEFORE0.29 AC. AFTER+-+-0.24 AC. BEFORE0.21 AC. AFTER+-+-(A)(E)(E)NAVARRE LANEBAYVIEW PLACE2x12"x14"PAPER BIRCH14" HACKBERRY8"x10" LINDEN2-10" LINDEN16" BOXELDER10" HACKBERRY28" WALNUT28" HACKBERRY16" LOCUST12" WALNUT18" WALNUT12"x16" BIRCH20" OAK22" OAK14" WALNUT16" HACKBERRY16" WALNUT12" WALNUTWALK & DRIIVEWAYTO BE REMOVED-SHOWN HATCHEDP R O P O S E D N E W G A R A G EP R O P O S E D N E W D R I V EPROPOSED NEW WALKPROPOSEDNEW PORCHPROPOSEDNEW MUDRM.NORTH2285 BAYVIEW PL.2285 BAYVIEW PL.EXISTINGPORCH1557EXISTING HOUSE FOOTPRINT3277 TOTAL HARDCOVER PROPOSED / 12,623 = 25.96%153 EXISTING PORCH768NEW GARAGE488PROPOSED NEW DRIVEWAY52PROPOSED NEW WALK 135PROPOSED NEW PORCH 120PROPOSED NEW MUDROOM 4 EXIST. AC UNIT10' - 0" SETBACK10' - 0" SETBACK30' - 0" SETBACK15' - 0" SETBACK3 0 ' - 0 " S E TB A C K 3 0 ' - 0 " S E T B A C K 10' - 0" SETBACK30' - 0" SETBACKFUTUREBUILDABLE AREASHEET INDEXPROJECT TEAMARCHITECT STRUCTURAL ENGINEERGENERAL CONTRACTORISSUED FOR ISSUE DATESTRUCTURAL COORD.PROGRESS SETREVISIONPERMIT SETESTIMATE / BID SETADDENDUMCONSTRUCTION SETSHEETNUMBERLEGAL NOTICE:THESE DOCUMENTS SHALL NOT BE REPRODUCED OR REDISTRIBUTED WITHOUT EXPRESSED WRITTEN CONSENT OF SHARRATT DESIGN & COMPANY, LLC.C COPYRIGHT 2024 SHARRATT DESIGN & COMPANY, LLC.464 SECOND STREETSUITE 100EXCELSIOR, MN 55331 PH: 952-470-9750FAX: 952-767-5859info@sharrattdesign.com 06 / 20 / 24XP R E L I M I N A R Y - N O T F O R C O N S T R U C T I O NMEETING SETSHARRATT DESIGN & COMPANY, LLC464 SECOND STREET, SUITE 100EXCELSIOR, MN 55331CONTACT: MIKE SHARRATT (952-470-9750) 06 / 26 / 24X06 / 28 / 24X07 / 01 / 24VARIANCE SUBMISSIONA1T.B.D.T.B.D.TIERNEY HOME2305 BAYVIEW PLACEPROPOSED REMODELING OF THEORONO, MN1/8" = 1'-0"PROPOSED ARCHITECTURAL SITE PLANEX1 ORIGINAL SITE AND EXISTING HOMEEX2 EXISTING FLOOR PLANSEX3 EXISTING EXTERIOR ELEVATIONSA1 PROPOSED SITE PLANA2 NEW FLOOR PLANSA3 NEW ELEVATIONSA4 NEW EXTERIOR ELEVATIONSINFORMATION ON SITE PLAN TAKENFROM SURVEY BY GRONBERG & ASSOCIATES, INC.3-17-2322 A42PORCHUPDNEXIST.REFDW13' - 10"12' - 0"6' - 2"5' - 0"5' - 0"12' - 0"12' - 0"10' - 0"24' - 0"5' - 6"10' - 6"16' - 0"32' - 0"5' - 0"5' - 0"12' - 0 3/16"11' - 11 13/16"1' - 0"10' - 0"24' - 0"12' - 0"28683060 DH3060 DH18-0x8-0 GAR DR3060 DH30683060 DH3' - 6"3' - 6"NEW 10-0x4-0 ISLANDOPT. END CAPNEW TALL PANTRY CAB.DINING ROOMNEWKITCHENEXPANDEDGARAGENEWMASTER SUITEEXISTINGMASTER BATHEXISTINGWALK-INEXISTINGEXISTINGPOWDEREXISTING2-4x6-83-6x6-8 C.O.LIVING ROOMNEWEQEQ19' - 11 31/32" +/- EXIST. DIM.10' - 0"11' - 0"21' - 0"3' - 0"8' - 0"7' - 0"8' - 0"5' - 0"13' - 0"5' - 0"23' - 0" +/- EXIST. DIM.3060 DH3060 DHOPT. F.P. W/ TV ABOVECLO.NEWRECYC.TRASHSHOES2868SHOESDROPDESKSH. BELOW WNDWEXIST. HIGHWNDWEXPANDED PORCHNEW COL.TO MATCH EXIST.MATCH EXIST. SPACING3' - 10"2' - 0"NEW 2'-0" CONC. WALKNEW ASPHALT DRIVEWAYWOOD STEP7" STEP3MUDROOMNEWDNSLOPESLOPESLOPESLOPEWALK-INWALK-INBATHBEDROOMBEDROOMSHEET INDEXPROJECT TEAMARCHITECT STRUCTURAL ENGINEERGENERAL CONTRACTORISSUED FOR ISSUE DATESTRUCTURAL COORD.PROGRESS SETREVISIONPERMIT SETESTIMATE / BID SETADDENDUMCONSTRUCTION SETSHEETNUMBERLEGAL NOTICE:THESE DOCUMENTS SHALL NOT BE REPRODUCED OR REDISTRIBUTED WITHOUT EXPRESSED WRITTEN CONSENT OF SHARRATT DESIGN & COMPANY, LLC.C COPYRIGHT 2024 SHARRATT DESIGN & COMPANY, LLC.464 SECOND STREETSUITE 100EXCELSIOR, MN 55331 PH: 952-470-9750FAX: 952-767-5859info@sharrattdesign.com 06 / 20 / 24XP R E L I M I N A R Y - N O T F O R C O N S T R U C T I O NMEETING SETSHARRATT DESIGN & COMPANY, LLC464 SECOND STREET, SUITE 100EXCELSIOR, MN 55331CONTACT: MIKE SHARRATT (952-470-9750) 06 / 26 / 24X06 / 28 / 24X07 / 01 / 24VARIANCE SUBMISSIONA2T.B.D.T.B.D.TIERNEY HOME2305 BAYVIEW PLACEPROPOSED REMODELING OF THEORONO, MN1/4" = 1'-0"PROPOSED MAIN LEVEL FLOOR PLAN1/4" = 1'-0"PROPOSED UPPER LEVEL FLOOR PLANEX1 ORIGINAL SITE AND EXISTING HOMEEX2 EXISTING FLOOR PLANSEX3 EXISTING EXTERIOR ELEVATIONSA1 PROPOSED SITE PLANA2 NEW FLOOR PLANSA3 NEW ELEVATIONSA4 NEW EXTERIOR ELEVATIONS 23 MAIN LEVELMAIN PLATEUPPER LEVELUPPER PLATEBSMT LEVEL8' - 6"7' - 10"OPT. TO CENTER EXISTINGWINDOWSP R O P O S E D N E W A D D I T I O NE X I S T I N G H O M E812812BRACKETSTO MATCH EXIST.SIDING TO MATCH EXIST.WOOD O.H. DOORW/ DESIGN SIM.TO DRAWINGSHINGLE SIDING TOMATCH EXIST.LOUVERNEWWNDWEXIST.WNDWSEXIST.DOOREXIST.WNDWSNEWWNDWNEWWNDWNEWWNDWEXIST. ROOFE X T E N D E D P O R C HNEW COL.CORNER BOARDSTO MATCH EXIST.FASCIA CONSTRUCT.TO MATCH EXIST.NEW WOOD STEPEXTEND BEAM AS SHOWNE X T E N D P O R C H R O O FNEW ASPHALT ROOFTO MATCH EXIST.EXIST.STUCCOEXIST.COL.E X I S T I N G P O R C HPATCH EXIST.SIDING AS REQ'D.FOR NEW WNDWSEXIST. BEAMNEW GUTTERSTO MATCH EXIST.EXIST. CORNERBOARDTRIM NEW WNDWSTO MATCH EXIST.5/4" X 10 FRIEZEMAIN LEVELMAIN PLATET.O. FDN.UPPER LEVELUPPER PLATEBSMT LEVEL7' - 5"8' - 6"7' - 10"NEWWNDWBRACKETSTO MATCH EXIST.SIDING TO MATCH EXIST.SHINGLE SIDING TOMATCH EXIST.LOUVERCORNER BOARDSTO MATCH EXIST.FASCIA CONSTRUCT.TO MATCH EXIST.8128125/4" X 10 FRIEZENEWWNDWTRIM WINDWSTO MATCH EXIST.P R O P O S E D N E W A D D I T I O NE X I S T I N G H O M EEXIST. ROOFSEXIST.WNDWEXIST. CORNERBOARDSEXIST.WNDWEXIST.WNDWSEXIST.WNDWEXIST. CONC. BLOCKEXIST. WNDW WELLEXIST. CORNER BOARDSEXIST. GUTTEREXIST.CORNERBOARDNEWWNDWNEWWNDWNEWWNDWEXIST. STUCCOMAIN LEVELMAIN PLATEUPPER LEVELUPPER PLATEBSMT LEVEL8' - 6"7' - 10"OPT. TO CENTER EXISTINGWINDOWSP R O P O S E D N E W A D D I T I O NE X I S T I N G H O M ESIDING TO MATCH EXIST.WOOD O.H. DOORW/ DESIGN SIM.TO DRAWINGNEWWNDWEXIST.WNDWSEXIST.DOOREXIST.WNDWSNEWWNDWNEWWNDWNEWWNDWEXIST. ROOFE X T E N D E D P O R C HNEW COL.CORNER BOARDSTO MATCH EXIST.FASCIA CONSTRUCT.TO MATCH EXIST.NEW WOOD STEPEXTEND BEAM AS SHOWNE X T E N D P O R C H R O O FNEW ASPHALT ROOFTO MATCH EXIST.EXIST.STUCCOEXIST.COL.E X I S T I N G P O R C HPATCH EXIST.SIDING AS REQ'D.FOR NEW WNDWSEXIST. BEAMNEW GUTTERSTO MATCH EXIST.EXIST. CORNERBOARDTRIM NEW WNDWSTO MATCH EXIST.SHEET INDEXPROJECT TEAMARCHITECT STRUCTURAL ENGINEERGENERAL CONTRACTORISSUED FOR ISSUE DATESTRUCTURAL COORD.PROGRESS SETREVISIONPERMIT SETESTIMATE / BID SETADDENDUMCONSTRUCTION SETSHEETNUMBERLEGAL NOTICE:THESE DOCUMENTS SHALL NOT BE REPRODUCED OR REDISTRIBUTED WITHOUT EXPRESSED WRITTEN CONSENT OF SHARRATT DESIGN & COMPANY, LLC.C COPYRIGHT 2024 SHARRATT DESIGN & COMPANY, LLC.464 SECOND STREETSUITE 100EXCELSIOR, MN 55331 PH: 952-470-9750FAX: 952-767-5859info@sharrattdesign.com 06 / 20 / 24XP R E L I M I N A R Y - N O T F O R C O N S T R U C T I O NMEETING SETSHARRATT DESIGN & COMPANY, LLC464 SECOND STREET, SUITE 100EXCELSIOR, MN 55331CONTACT: MIKE SHARRATT (952-470-9750) 06 / 26 / 24X06 / 28 / 24X07 / 01 / 24VARIANCE SUBMISSIONA3T.B.D.T.B.D.TIERNEY HOME2305 BAYVIEW PLACEPROPOSED REMODELING OF THEORONO, MN1/4" = 1'-0"NEW FRONT ELEVATION SCHEME AEX1 ORIGINAL SITE AND EXISTING HOMEEX2 EXISTING FLOOR PLANSEX3 EXISTING EXTERIOR ELEVATIONSA1 PROPOSED SITE PLANA2 NEW FLOOR PLANSA3 NEW ELEVATIONSA4 NEW EXTERIOR ELEVATIONS1/4" = 1'-0"NEW REAR ELEVATION SCHEME A1/4" = 1'-0"NEW FRONT ELEVATION SCHEME B24 MAIN LEVELMAIN PLATEUPPER LEVELUPPER PLATEBSMT LEVELNEWWNDWNEWWNDWNEW 5/4" X 10 FRIEZEBOARDPATCH EXIST. SIDINGAS REQ'D. FORNEW WNDWSEXIST. CONC. BLOCKEXIST. BRACKETSEXIST. SIDINGEXIST. SHINGLE SIDINGEXIST. FRIEZE BOARDEXIST. STUCCOEXIST. WOOD COL.EXIST. WOOD BEAMEXIST. ROOFSNEW GARAGE ROOF BEYONDEXIST. DECKEXIST. CORNER BAORDSNEW GARAGE ROOF BEYONDEXIST. ROOFSEXIST. WNDWSEXIST. WNDWSEXIST. CORNER BOARDSEXIST. WNDW WELLBSMT LEVELEXIST. BRACKET BEYONDNEW SIDINGTO MATCH EXIST.NEW WOOD COL.EXTENDED WOOD BEAMEXIST. ROOFSNEW GARAGE ROOFEXTENDED DECKNEW CORNER BOARDSTO MATCH EXIST.MATCH FASCIACONSTRUCTIONOF EXIST.NEWWNDWNEWINSUL.DOOREXIST.SIDINGEXIST.CORNERBOARDEXIST. BRACKET BEYONDNEW SIDINGTO MATCH EXIST.NEW WOOD COL.EXTENDED WOOD BEAMEXIST. ROOFSNEW GARAGE ROOFEXTENDED DECKNEW CORNER BOARDSTO MATCH EXIST.MATCH FASCIACONSTRUCTIONOF EXIST.NEWWNDWTRIM WNDWS TO MATCH EXIST.NEWINSUL.DOOREXIST.SIDINGEXIST.CORNERBOARD812NEW SHINGLESIDING TO MATCHEXIST.NEWLOUVERMAIN LEVELMAIN PLATET.O. FDN.UPPER LEVELUPPER PLATEBSMT LEVEL7' - 5"8' - 6"7' - 10"NEWWNDWBRACKETSTO MATCH EXIST.SIDING TO MATCH EXIST.SHINGLE SIDING TOMATCH EXIST.LOUVERCORNER BOARDSTO MATCH EXIST.FASCIA CONSTRUCT.TO MATCH EXIST.5/4" X 10 FRIEZENEWWNDWTRIM WINDWSTO MATCH EXIST.P R O P O S E D N E W A D D I T I O NE X I S T I N G H O M EEXIST. ROOFSEXIST.WNDWEXIST. CORNERBOARDSEXIST.WNDWEXIST.WNDWSEXIST.WNDWEXIST. CONC. BLOCKEXIST. WNDW WELLEXIST. CORNER BOARDSEXIST. GUTTEREXIST.CORNERBOARDNEWWNDWNEWWNDWNEWWNDWEXIST. STUCCOSHEET INDEXPROJECT TEAMARCHITECT STRUCTURAL ENGINEERGENERAL CONTRACTORISSUED FOR ISSUE DATESTRUCTURAL COORD.PROGRESS SETREVISIONPERMIT SETESTIMATE / BID SETADDENDUMCONSTRUCTION SETSHEETNUMBERLEGAL NOTICE:THESE DOCUMENTS SHALL NOT BE REPRODUCED OR REDISTRIBUTED WITHOUT EXPRESSED WRITTEN CONSENT OF SHARRATT DESIGN & COMPANY, LLC.C COPYRIGHT 2024 SHARRATT DESIGN & COMPANY, LLC.464 SECOND STREETSUITE 100EXCELSIOR, MN 55331 PH: 952-470-9750FAX: 952-767-5859info@sharrattdesign.com 06 / 20 / 24XP R E L I M I N A R Y - N O T F O R C O N S T R U C T I O NMEETING SETSHARRATT DESIGN & COMPANY, LLC464 SECOND STREET, SUITE 100EXCELSIOR, MN 55331CONTACT: MIKE SHARRATT (952-470-9750) 06 / 26 / 24X06 / 28 / 24X07 / 01 / 24VARIANCE SUBMISSIONA4T.B.D.T.B.D.TIERNEY HOME2305 BAYVIEW PLACEPROPOSED REMODELING OF THEORONO, MNEX1 ORIGINAL SITE AND EXISTING HOMEEX2 EXISTING FLOOR PLANSEX3 EXISTING EXTERIOR ELEVATIONSA1 PROPOSED SITE PLANA2 NEW FLOOR PLANSA3 NEW ELEVATIONSA4 NEW EXTERIOR ELEVATIONS1/4" = 1'-0"NEW LEFT ELEVATION1/4" = 1'-0"NEW RIGHT ELEVATION SCHEME A1/4" = 1'-0"NEW RIGHT ELEVATION SCHEME B1/4" = 1'-0"NEW REAR ELEVATION SCHEME B25 26 27 28 Project Narra�ve: I would like to replat my current two proper�es 2305 Bayview Place, Orono, 55391 (a lot with a home on it) and 2285 Bayview Place, Orono, 55391 (a vacant lot). 2305 Bayview Place currently has a house on it with a very steep driveway-hill, I would like to as a later phase replace this garage with livable area that has HVAC, and build a detached garage on the new re-plated lot on the flat surface of the hill. The 2285 Bayview Place lot is an empty lot that I plan to develop / build a new house on. Both lots will become more conforming from the lot replat. Thank you, Mat 612-418-1720 29 PHOTO 1 -EXISTING HOME WEST OF THE VACANT LOT, 2285 BAYVIEW PLACE FROM NAVARRE LANE 07-01-24 30 PHOTO 2 -VACANT LOT, 2285 BAYVIEW PLACE FROM NAVARRE LANE 07-01-24 31 PHOTO 3 -VACANT LOT, 2285 BAYVIEW PLACE FROM NAVARRE LANE 07-01-24 32 PHOTO 4 -VIEW FROM NAVARRE LANE TO SOUTH SIDE OF 2305 BAYVIEW PLACE 07-01-24 33 PHOTO 5 -2305 BAYVIEW PLACE FROM INTERSECTION 07-01-24 34 PHOTO 6 -2305 BAYVIEW PLACE 07-01-24 35 PHOTO 7 - 2305 BAYVIEW PLACE 07-01-24 36 PHOTO 8 - VACANT LOT FROM BAYVIEW PLACE: PROPOSED TO BECOME PART OF 2305 BAYVIEW PLACE 07-01-24 37 38 17-117-23 34 0052 HENNEPIN COUNTY REGIONAL RAILROAD AUTHORITY 701 4TH AVE S SUITE 700 MINNEAPOLIS MN 55415 38 17-117-23 43 0002 MARRY BLISKOWSKI 2296 SHADYWOOD RD WAYZATA MN 55391 38 17-117-23 43 0154 DAVID E & RENEE M HARRIS 3405 LIVINGSTON AVE WAYZATA MN 55391 38 17-117-23 44 0008 CITY OF ORONO P O BOX 66 CRYSTAL BAY MN 55323 38 17-117-23 44 0009 MARVIN GARDENS LLC 2948 CASCO PT RD ORONO MN 55391 38 17-117-23 44 0015 CITY OF ORONO P O BOX 66 CRYSTAL BAY MN 55323 38 17-117-23 44 0025 JENNIFER A STACK 14875 TIMBERHILL RD MINNETONKA MN 55345 38 17-117-23 44 0026 HP MINNESOTA I LLC 120 S RIVERSIDE PLAZA SUITE 2000 CHICAGO IL 60606 38 17-117-23 44 0027 TERESA KOCH 2225 BAYVIEW PLACE WAYZATA MN 55391 38 17-117-23 44 0028 MICHAEL P MCDONALD PAMELA J MCDONALD 4695 LAGOON DR SHOREWOOD MN 55364 38 17-117-23 44 0029 KELLY ADELIA RIOUX SHAUN SCOTT RIOUX 2253 BAYVIEW PL WAYZATA MN 55391 38 17-117-23 44 0030 ALEXANDER MARK BALTES 2265 BAYVIEW PL WAYZATA MN 55391 38 17-117-23 44 0031 JAMES R ANDERSON 2275 BAYVIEW PLACE WAYZATA MN 55391 38 17-117-23 44 0032 YURI HAFEN 21577 HARVEST HILL DR PRIOR LAKE MN 55372 38 17-117-23 44 0033 MATTHEW C TIERNEY 4110 BELLE VISTA DRIVE ST PETE BEACH FL 33706 38 17-117-23 44 0041 KRIS ANN FERRELL 2250 BAYVIEW PL WAYZATA MN 55391 38 17-117-23 44 0042 MICHELLE M BRASSINGTON 2240 BAYVIEW PL WAYZATA MN 55391 38 17-117-23 44 0059 ALL STREET INC 3320 NAVARRE LA WAYZATA MN 55391 38 17-117-23 44 0060 ANDREW D SPILSETH T CODY TURNQUIST 3324 NAVARRE LA WAYZATA MN 55391 38 17-117-23 44 0063 VALERIE T COYKENDALL 2344 OLIVE AVE WAYZATA MN 55391 38 17-117-23 44 0064 TIMOTHY C LIVINGSTON 2338 OLIVE AVE WAYZATA MN 55391 38 17-117-23 44 0065 J T JACOBSON & L D JACOBSON 2328 OLIVE AVE WAYZATA MN 55391 38 17-117-23 44 0066 PATRICK W SULLIVAN 2318 OLIVE AVE WAYZATA MN 55391 38 17-117-23 44 0067 MARK D WILLIER HEATHER L WILLIER 2160 APPLE LN MOUND MN 55364 38 17-117-23 44 0068 CHRISTOPHER PAUL KNOWLTON ERIN KNOWLTON 2306 OLIVE AVE WAYZATA MN 55391 38 17-117-23 44 0069 MARGARET A WOOD 2300 OLIVE AVE WAYZATA MN 55391 38 17-117-23 44 0073 STEVEN R MORKRID 2314 SHADYWOOD RD WAYZATA MN 55391 38 17-117-23 44 0074 JONATHAN AUGE ERICA VERDEGAN 2327 OLIVE AVE WAYZATA MN 55391 38 17-117-23 44 0075 ANDREW A PRATT JAMIE L PRATT 2339 OLIVE AVE WAYZATA MN 55391 38 17-117-23 44 0076 JOSHUA D KRAUSE 2359 OLIVE AVE WAYZATA MN 55391 38 38 17-117-23 44 0079 LOUISE A GANGELHOFF 2341 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38 20-117-23 43 0054 LEISEL & MARK PFLEGHAAR 3509 IVY PL WAYZATA MN 55391 38 20-117-23 43 0055 DONALD JAMES KAVANAGH 3038 CASCO POINT RD WAYZATA MN 55391 41 Hennepin County Locate & Notify Map 2285 & 2305 Bayview 0 200 400100 Feet Date: 6/26/2024 Buffer Size:500 Map Comments: This data (i) is furnished 'AS IS' with no representation as to completeness or accuracy; (ii) is furnished with no warranty of any kind; and (iii) is notsuitable for legal, engineering or surveying purposes. Hennepin County shall not be liable for any damage, injury or loss resulting from this data. For more information, contact Hennepin County GIS Office 300 6th Street South, Minneapolis, MN 55487 / gis.info@hennepin.us 42 Date: July 15, 2024 Item: 5.2 Presenter: Natalie Nye, Planner Section: Public Hearings Title: #LA24-000035, Molly Wolf, 2080 North Shore Drive, Variances (Staff: Natalie Nye) 1.Purpose: The applicant is requesting side yard and rear yard setback variances for the construction of a new deck. 2.MN§15.99 Application Deadline: The application was received on June 19, 2024 and deemed complete on June 24, 2024. The 60- Day timeline for review expires on August 23, 2024. 3.Background: The applicant is requesting side and rear yard setback variances in order to construct a new deck. The subject property is substandard in size and width. The lot is 0.29 acres when the LR-1A District requires a minimum of 2 acres. The lot is approximately 105 feet in width when 200 feet in width is the minimum. The proposed deck is attached to the home and therefore must abide by the principal structure setbacks of 50 feet from the rear property line and 30 feet from the side property line. The existing home on the property is nonconforming and approximately 42 feet from the rear property line. The construction of any rear deck would require a variance. The proposal meets all other zoning requirements, including hardcover. 4.Public Comment: The applicant has provided neighborhood acknowledgment forms for both impacted neighbors as shown in Exhibit H. 5.Staff Recommendation: Staff is supportive of the side yard and rear yard setback variances in order to construct a new deck on a nonconforming lot. 6.Planning Commission Action Requested: Motion to recommend approval of the requested variances at 2080 North Shore Drive. AGENDA ITEM Exhibits Exhibit A - Staff Report Exhibit B - Application Exhibit C - Practical Difficulties Form Exhibit D - Narrative Exhibit E - Survey 43 Exhibit F - Plans Exhibit G - Hardcover Calculations Exhibit H - Adjacent Property Owner Acknowledgment Exhibit I - Mailing List & Map 44 Date Application Received: 06/19/2024 Date Application Considered as Complete: 06/24/2024 60-Day Review Period Expires: 08/23/2024 To: Chair Bollis and Planning Commission Members Adam Edwards, City Administrator From: Natalie Nye, Planner Date: July 15, 2024 Subject: #LA24-000035, Molly Wolf, 2080 North Shore Drive, Variances - Public Hearing Background The applicant is requesting side and rear yard setback variances in order to construct a new deck. The subject property is substandard in size and width. The lot is 0.29 acres when the LR-1A District requires a minimum of 2 acres. The lot is approximately 105 feet in width when 200 feet in width is the minimum. The proposed deck is attached to the home and therefore must abide by the principal structure setbacks of 50 feet from the rear property line and 30 feet from the side property line. The existing home on the property is nonconforming and approximately 42 feet from the rear property line. The construction of any rear deck would require a variance. The proposal meets all other zoning requirements, including hardcover. Practical Difficulties Analysis Applicant Submittal Information: The applicant has identified the subject property’s substandard size and width as practical difficulties. The applicant has stated the deck will provide much needed outdoor gathering space for the homeowner. Planning Staff Practical Difficulty Analysis: Staff agrees with the applicant’s assessment. The subject property is substandard and without variances, a rear deck could not be constructed. The substandard size and width of the lot as well as the placement of the existing home are practical difficulties. LOT ANALYSIS WORKSHEET Section 78-305 – Setbacks: LR-1A District Required Existing Proposed Front (Railroad Avenue) 50’ 20.2’ 20.2’ (unchanged) Interior Side 30’ 32.1’ 24’ Corner Side (North Shore Drive) 30’ 35.9’ 30’ Rear 50’ 42’ 24’ Section 78-330 – Lot Area/Width: LR-1B District Lot Area Lot Width Required 87,120 s.f. (2.0 acres) 200’ Actual 12,735 s.f. (0.29 acre) 105’ Application Summary: The applicant is requesting side and rear yard setback variances for a new deck. Staff Recommendation: Planning Department Staff recommends approval. 45 FILE #LA24-000035 July 15, 2024 Page 2 of 4 Section 78-1700 – Hardcover Calculations: Stormwater Overlay District Tier Total Area Allowed Hardcover Existing Hardcover Proposed Hardcover Tier 3 12,735 s.f. 4,457 s.f. (35 %) 2,842.5 s.f. (24.3%) 3,102 (22.3%) Applicable Regulations: Side and Rear Yard Setback Variances (Section 78-305) An attached deck must meet the required principal building setbacks. The setback requirements for the LR-1A District require a 50-foot rear yard setback and 30-foot side yard setback. The proposed deck will be 24 feet from both the side and rear property lines thus requiring variances. 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 substandard in size and width and contains a home that is nonconforming to the required setbacks. The home does not have a deck currently, and the construction of any deck on the rear of the home would require a variance. The home is currently 42 feet from the rear property line and the required setback is 50 feet. The proposed setback of 24 feet for both the rear and side yard setback is reasonable in respect to the lot’s substandard size. The proposal is well below the hardcover maximum of 35%. The request to develop a deck on a substandard lot is in harmony with the general intent of the Ordinance. This criterion is met. 2. The variance is consistent with the comprehensive plan. The variances allowing construction of a deck is consistent with the comprehensive plan. It is reasonable to expect some outdoor living space, such as a deck, for a single-family home. The subject property is substandard in size and unable to meet the setback requirements due to the placement of the home on the lot. The proposal is reasonable and unlikely to impact the neighboring properties. 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 proposal to construct a deck for a single-family home that does not currently have outdoor living space is reasonable. The existing home does not 46 FILE #LA24-000035 July 15, 2024 Page 3 of 4 meet the rear yard setback and therefore the construction of a deck requires a setback variance. This criterion is met. b. There are circumstances unique to the property not created by the landowner; The location of the existing home on the lot as well as the substandard size and width of the lot are out of the control of the homeowner. This criterion is met. c. The variance will not alter the essential character of the locality. The proposed variances allowing construction of a new deck on the rear of the home will not alter the character of the locality. The proposed deck will meet the setback from the corner side yard and will be screened from neighboring properties by existing fencing or vegetation. Additionally, City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination. 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 17, when in harmony with Orono City Code Chapter 78. This condition is not applicable. 6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located. This condition is not applicable, as a residential deck attached to a 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 existing position of the home on the lot is unique to this property. This criterion is met. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The request is specific to this property as it is impacted by the existing location of the home. 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 does not have outdoor living space in the form of a deck or patio. The existing home does not meet the required rear yard setback of 50 feet and therefore a new deck on the rear of the home would require a variance. The proposal will allow the property owner to enjoy their yard fully. Hardcover and street yard setbacks are met. This criterion is met. 11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. Granting the requested variances will not adversely impact health, safety, comfort, or morals of the community. This criterion is met. 47 FILE #LA24-000035 July 15, 2024 Page 4 of 4 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The variances allow for the construction of a new deck for a single-family home that does not currently have outdoor living space. The requested setbacks of 24 feet from the rear and side yard setbacks are due to the substandard size of the lot and placement of the existing home. This criterion is met. The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Public Comments The applicant has provided neighborhood acknowledgment forms for both impacted neighbors as shown in Exhibit H. 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 Planning Commission find the size of the proposed deck to be reasonable? 4. Does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested variance? Planning Staff Recommendation Staff recommends approval of the requested side and rear yard setbacks for the construction of a new deck. 48 Land Use Application Summary Application Date:06/19/2024 Address:2080 North Shore Drive Orono, MN 55391 Parcel Number:1011723310004 Land Use Number:LA24-000035 Application Submitted By:Property Owner Owner:Name: CAROL A LA QUEY Address: JDAE, LLC - Molly Wolf Applicant:Name: Molly Wolf Company: JDAE, LLC Address: 6415 Wayzata Blvd St Louis Park, MN 55426 Molly@hottubandswimspasale.com Contact Information:Associated Contact: Associated Contact: Associated Contact: Associated Contact: Project Description:Adding deck to 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: 6/26/24, 2:51 PM Permit Details | Citizenserve https://www3.citizenserve.com/Admin/PermitController?Action=DisplayPermitDetail&SelectedTab=Permits&Permit_ID=17014058&WorkOrder_ID=885…1/149 PRACTICAL DIFFICULTIES DOCUMENTATION FORM LA24-000035 1. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter. Response: We have a substandard lot. Requesting variance to add average size deck that faces the lake. 2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. Response: Yes as we did not plot the lot or build the home on the lot. 3. The variance, if granted, will not alter the essential character of the locality. Response: Yes. The variance if granted, will make the home more appealing and would look similar to the homes in the area. 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: Residential deck. 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: Unique to this property as we have a small, corner lot with two front set backs. 9. The conditions do not apply generally to other land or structures in the district in which said land is located. Response: No 6/26/24, 2:52 PM Permit Details | Citizenserve https://www3.citizenserve.com/Admin/PermitController?Action=DisplayPermitDetail&SelectedTab=Permits&Permit_ID=17014058&WorkOrder_ID=885…1/250 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Response: Yes. 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: Yes 12. The granting of such variance will not merely serve as a convenience to the applicant but is necessary to alleviate demonstrable difficulty. Response: Yes. 6/26/24, 2:52 PM Permit Details | Citizenserve https://www3.citizenserve.com/Admin/PermitController?Action=DisplayPermitDetail&SelectedTab=Permits&Permit_ID=17014058&WorkOrder_ID=885…2/251 We are proposing the construction of a 24x16 cedar deck with stairs at the rear of the house. However; due to the small and substandard size of the lot, we are unable to meet the required setbacks. The current code is designed for lots that are 200x200 1 whi ch is significantly larger than our lot. For the construction of the deck, we plan to use select cedar decking, facing, and posts .. The railing will be a black aluminum railing manufactured by Wesbury Railings. It will be 36'' tall and will feature¼' spindles placed 4'' on center, allowing for a clear and unobstructed view through the railings. The addition of the deck will be the final touch needed to complete the overall look of the house. The new deck will also provide our family with a wonde rful space to enjoy scenic views of Lake Minnetonka for gatherings. We appreciate your consideration in this matter, and if you have any further questions, please feel free to contact me. Thank you, Molly Wolf PC Exhibit D 52 PC Exhibit E53 PC Exhibit F54 PC Exhibit G55 PC Exhibit H 56 38 10-117-23 11 0002 HENNEPIN COUNTY REGIONAL RAILROAD AUTHORITY 701 4TH AVE S SUITE 700 MINNEAPOLIS MN 55415 38 10-117-23 31 0001 MN EXECUTIVE RENTALS LLC 4470 W 78TH ST CIR STE 200 BLOOMINGTON MN 55435 38 10-117-23 31 0002 KEITH R ERICKSON 2040 NORTH SHORE DR WAYZATA MN 55391 38 10-117-23 31 0003 LYLE G GODFREY NORMA J GODFREY 2060 NORTH SHORE DR WAYZATA MN 55391 38 10-117-23 31 0004 JDAE LLC 2501 WAYZATA BLVD MINNEAPOLIS MN 55405 38 10-117-23 31 0005 ROBERT C LARSON 1390 RAILROAD AVE WAYZATA MN 55391 38 10-117-23 31 0006 STEFAN GARCON PEGGY GARCON 1380 RAILROAD AVE WAYZATA MN 55391 38 10-117-23 31 0007 STEVEN R TWELVES SALLY A TWELVES 1360 RAILROAD AVE WAYZATA MN 55391 38 10-117-23 31 0008 CHRISTINE MORSE TERRY MORSE 2080 SPATES AVE WAYZATA MN 55391 38 10-117-23 31 0048 CRAIG B SARNER 1375 BROWN RD S WAYZATA MN 55391 38 10-117-23 31 0049 CRAIG S BLEEKER/AMY B BUTLER 1380 ARBOR ST WAYZATA MN 55391 38 10-117-23 31 0050 PHILIP F KALEY 1395 BROWN RD S WAYZATA MN 55391 38 10-117-23 31 0051 COLIN L KELLER VANESSA A KELLER 1335 ARBOR STREET WAYZATA MN 55391 38 10-117-23 31 0052 ROBERT F CRAIG SAMANTHA F CRAIG 1355 ARBOR ST WAYZATA MN 55391 38 10-117-23 31 0053 JEFFREY ZITZLOFF BRENDA ZITZLOFF 1380 BRIAR ST WAYZATA MN 55391 38 10-117-23 31 0054 DAVID ALAN SUTHERLAND 1365 ARBOR ST PO BOX 161 CRYSTAL BAY MN 55323 38 10-117-23 31 0055 MATHEW JEREMY ANGULO MACKENZIE ANN ANGULO 1385 ARBOR ST WAYZATA MN 55391 38 10-117-23 31 0056 JONATHAN M PARSONS MOLLIE PARSONS 2140 NORTH SHORE DR WAYZATA MN 55391 38 10-117-23 31 0090 THOMAS PERICAK ALEXANDRA PERICAK 2040 SPATES AVE WAYZATA MN 55391 38 10-117-23 31 0096 JAMIE HANSON 2060 SPATES AVE WAYZATA MN 55391 38 10-117-23 31 0097 VILLAGE OF ORONO P O BOX 66 CRYSTAL BAY MN 55323 38 10-117-23 31 0101 CITY OF ORONO BOX 66 CRYSTAL BAY MN 55323 38 10-117-23 31 0103 EMILY K FISCHER 2140 PROSPECT AVE WAYZATA MN 55391 38 10-117-23 31 0104 TERRY D & CHRISTINE M MORSE 2080 SPATES AVE WAYZATA MN 55391 38 10-117-23 33 0006 GREGG W/DENISE E STEINHAFEL 2265 NORTH SHORE DR WAYZATA MN 55391 38 10-117-23 34 0003 THOMAS J OTTESON 1449 BAY RIDGE RD WAYZATA MN 55391 38 10-117-23 34 0004 GREGG W STEINHAFEL 2265 NORTH SHORE DRIVE ORONO MN 55391 38 10-117-23 34 0005 THOMAS & MARTHA MCCUNE 787 TRAMORE LA NAPLES FL 34108 38 10-117-23 34 0010 CITY OF ORONO PO BOX 66 CRYSTAL BAY MN 55323 38 10-117-23 34 0012 CITY OF ORONO P O BOX 66 CRYSTAL BAY MN 55323 57 38 10-117-23 34 0017 JULIE WIENS & ROBERT WIENS 1425 BAY RIDGE RD WAYZATA MN 55391 38 10-117-23 42 0021 GARY J DAVIS & JANA L DAVIS 1980 SPATES AVENUE WAYZATA MN 55391 38 10-117-23 42 0023 SUSAN R BUCKLEY 1990 SPATES AVE WAYZATA MN 55391 58 Hennepin County Locate & Notify Map 2080 North Shore Dr 0 200 400100 Feet Date: 6/21/2024 Buffer Size:500 Map Comments: This data (i) is furnished 'AS IS' with no representation as to completeness or accuracy; (ii) is furnished with no warranty of any kind; and (iii) is notsuitable for legal, engineering or surveying purposes. Hennepin County shall not be liable for any damage, injury or loss resulting from this data. For more information, contact Hennepin County GIS Office 300 6th Street South, Minneapolis, MN 55487 / gis.info@hennepin.us 59 Date: July 15, 2024 Item: 5.3 Presenter: Laura Oakden, Community Development Director Section: Public Hearings Title: LA24-000027, Bruce Boeder o/b/o SF Real Estate LLC, 3295 and 3345 Fox Street, Easement Vacation and Interim Use Permit (Staff: Laura Oakden) 1.Purpose: The applicant is requesting approval to relocate a storm pond (including easement vacation and dedication); and an interim use permit to fill the existing pond and regrade the area for a new pond. 2.MN§15.99 Application Deadline: The application was made on May 20, 224 and was deemed complete June 12, 2024, the 60 day review period expires August 11, 2024. 3.Background: The applicant represents the owner of both properties. The Fullerton Estates plat required creation of a stormwater pond and drainage easement on the 3295 Fox Street property. The applicant proposes to vacate the current drainage easement and fill in the existing stormwater pond; a new, replacement pond is proposed on the 3345 Fox Street property. A replacement drainage easement will be dedicated over the new pond/drainage area to address stormwater within the Fullerton Estates plat. The project requires an interim use permit (IUP) because of the size of the disturbance. The total disturbed area is 1.59 acres (69,2602 sq.ft). The applicant is looking to begin this project in the fall of 2024 and will restore the area with natural plantings in 2025. 4.Staff Recommendation: If the Commission finds the proposed changes to the drainage easement and regrading for a new stormwater pond meet the stormwater protection goals for the Fullerton Estate development, a motion for approval should be proposed. Planning Staff recommends approval. 5.Planning Commission Action Requested: The Planning Commission should make a motion to recommend approval. AGENDA ITEM Exhibits Exhibit A- Staff Report Ex B. Application.pdf Ex C. Narrative.pdf Ex D. Stormwater Plan Set.pdf Ex E. Cut and Fill calculations.pdf Ex F. Proposed Easement.pdf Ex G. MCWD Conditional Approval.pdf 60 Ex H. Fullerton Estates Plat Information.pdf Ex. I. Mailing List and Map.pdf 61 Date Application Received: 05/20/2024 Date Application Considered as Complete: 06/12/2024 60-Day Review Period Expires: 08/11/2024 To: Chris Bollis and Planning Commission Members Adam Edwards, City Administrator From: Laura Oakden, Community Development Director Date: 15 July 2024 Subject: #LA24-000027, Bruce Boeder o/b/o SF Real Estate LLC 3295 and 3345 Fox Street, Fullerton Estates, Easement Vacation and Interim Use Permit PUBLIC HEARING Background The applicant represents the owner of both properties and is requesting approvals in order to move the existing stormwater pond from one property to the other. The Fullerton Estates plat required creation of a stormwater pond and drainage easement on the 3295 Fox Street property. The applicant proposes to vacate the current drainage easement and fill in the existing stormwater pond; a new, replacement pond is proposed on the 3345 Fox Street property. A replacement drainage easement will be dedicated over the new pond/drainage area to address stormwater within the Fullerton Estates plat. The project requires an interim use permit (IUP) due to the size of the disturbance. The total disturbed area is 1.59 acres (69,2602 sq. ft.). The applicant would like to begin this project in the fall of 2024 and will restore the area with natural plantings in 2025. The applicant provided a narrative and drawings detailing how the proposed changes affect each lot in question, attached. Applicable Regulations: Interim Use Permit (Section 78-1726) An IUP is required when substantial land alterations are proposed that are not associated with a construction permit. Within the Shoreland Overlay District, a project that disturbs more than 2,500 cubic yards or over 10,000 square feet of area, results in more than 500 cubic yards of imported/exported material, and/or includes stockpiling of material for more than 180 days requires an IUP. The project will disturb approximately 8.9 acres (387,684 sq. ft.) with 1.59 acres of total disturbed area which triggers the need for an IUP. Easement Vacation Analysis The applicant has indicated that the current easement has created unintended challenges for their currently vacant lot at 3295 Fox Street. The location of the pond limits the usable building envelope to the rear of the current parcel and the current drainage easement bisects the entire Application Summary: The applicant requests approval to fill in and relocate a stormwater pond including vacation of the drainage easement. An interim use permit is required to create a replacement pond on the adjacent property. A new, replacement easement will be dedicated over the new pond. Staff Recommendation: Planning Department Staff recommends approval. 62 FILE # LA24-000027 15 July 2024 Page 2 of 4 parcel. The current stormwater pond was dedicated as part of the Fullerton Estate plat and was created to manage the stormwater within that part of the development. The applicant is proposing to construct a new pond on the abutting parcel at 3345 Fox street and dedicate a new drainage easement over the stormwater improvement. The changes proposed are relatively minimal and appear to meet the stormwater protection goals. Permits are required from the Minnehaha Creek Watershed District will be required because of the alteration to the stormwater plans for the development. Interim Use Permit Analysis Staff finds the proposed project purpose and scope are reasonable. The City Engineer has reviewed the project. The project will be reviewed again at the time of the administrative grading permit. According to Code Section 78-1726, an interim use permit may be granted if the city council determines that the use will comply with the following: 1) The use is allowed as an interim use in the applicable zoning district; Grading activities are permitted within the LR-1A Zoning District. This criterion is met. 2) The use will not delay anticipated development or redevelopment of the site; The grading activities will not impact future site development. This criterion is met. 3) The use will not be in conflict with any provisions of the city code on an ongoing basis; The plan will be reviewed by our City Engineer and the applicant will be required to follow City requirements. The project will obtain all necessary permits with outside agencies including MCWD and NPDES permitting. This criterion is met. 4) The use will not adversely affect the adjacent property, the surrounding neighborhood, or other uses on the property where the use will be located; The applicant shall ensure the project scope remains within the property lines, the haul route is monitored (and cleaned as often as necessary), and that any adverse impacts are mitigated. This criterion is met. 5) The use will not impose additional unreasonable costs on the public; The project will not impose additional costs on the public. This criterion is met. 6) The date or event that will terminate the use can be identified with certainty; The applicant has provided a project timeline which will commence in the Fall of 2024 and will be finalized in 2025. This criterion is met. 7) And the applicant agrees in writing to any conditions that the city council deems appropriate for the use, including a requirement for a financial security to ensure removal of all evidence of the use upon termination, and restoration of the site to prior or better conditions. The conditions shall be set forth in a development agreement between the property owner and the city, which agreement shall be recorded with the Hennepin County Recorder or Registrar of Deeds. Approval of the Interim Use Permit will be done through a resolution that is recorded with the County. All requirements and conditions will be listed as part of the resolution. This criterion is met. Additional Applicable Regulations (Section 78-916) 1) Consistent with the community management plan; The proposed activity on the residential properties is consistent with the community management plan. The proposed grade alterations are reasonable. 63 FILE # LA24-000027 15 July 2024 Page 3 of 4 2) Compliant with the zoning code, including any conditions imposed on specific uses as required by article V, division 3 of the City Code; This criterion is met. 3) Adequately served by police, fire, roads, and stormwater management; This criterion is met. The applicant will be obtaining all necessary permits. 4) Provided with an adequate water supply and sewage disposal system; This criterion is not applicable. 5) Not expected to generate excessive demand for public services at public cost; This criterion is met. 6) Compatible with the surrounding area as the area is used both presently and as it is planned to be used in the future; There is no change of use contemplated. This criterion is met. 7) Consistent with the character of the surrounding area, unless a change of character is called for in the community management plan; The project will not result in a change in character. 8) Compatible with the character of buildings and site improvements in the surrounding area, unless a change of character is called for in the community management plan; This criterion is not applicable. 9) Not expected to substantially impair the use and enjoyment of the property in the area or have a materially adverse impact on the property values in the area when compared to the impairment or impact of generally permitted uses; The proposed land alterations will be contained to the site and will meet all requirements by the City of Orono and other outside agencies. 10) Provided with screening and buffering adequate to mitigate undesirable views and activities likely to disturb surrounding uses; No screening or buffer requirements are required by the City. This criterion is met. 11) Not create a nuisance which generates smoke, noise, glare, vibration, odors, fumes, dust, electrical interference, general unsightliness, or other means; The proposed project will be contained to the subject properties and is not permitted to encroach on neighboring properties. This criterion is met. 12) Not cause excessive non-residential traffic on residential streets, parking needs that cause a demonstrable inconvenience to adjoining properties, traffic congestion, or unsafe access; Access to the property is over the private and public sections of Fox Street; the pubic portion of Fox Street is a County roadway (CSAH 84). No public residential streets will be impacted by the project. This criterion is met. 13) Designed to take into account the natural, scenic, and historic features of the area and to minimize environmental impact; The applicant will obtain all necessary permits from outside agencies such as MCWD and NPDES permit. The applicant is working within their private land and is proposing to restore the disturbed area with natural plantings and vegetation. This criterion is met. 14) All exterior lighting shall be so directed so as not to cast glare toward or onto the public right-of-way or neighboring residential uses or districts; This criterion is met; and 15) Not detrimental to the public health, public safety, or general welfare. This criterion is met. The Commission may recommend or the Council may impose conditions in granting an IUP. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the IUP. 64 FILE # LA24-000027 15 July 2024 Page 4 of 4 Public Comments No public comments have been received. Issues for Consideration 1. Is vacating and moving a storm pond reasonable? 2. Are there any conditions that should be considered for the proposed IUP? 3. Are there any other issues or concerns with this application? Planning Staff Recommendation If the Commission finds the proposed changes to the drainage easement and regrading for a new stormwater pond meet the stormwater protection goals for the Fullerton Estate development, a motion for approval should be proposed. Planning Staff recommends approval. 65 Land Use Application Summary Application Date:05/20/2024 Address:3295 Fox ST Orono, MN 55356 Parcel Number:0511723440006 Land Use Number:LA24-000027 Application Submitted By:Agent on behalf of property owner Owner:Name: SF REAL ESTATE LLC Address: 1000 TWELVE OAKS CTR DR SUITE 100 Applicant:Name: Bruce Boeder Company: Bruce A. Boeder, PA Address: 11919 Hilloway Road Minnetonka, MN 55305 bboeder@boederlaw.com Contact Information:Associated Contact: Quentin Scott quentin.scott@mooreengineeringinc.com Associated Contact: Associated Contact: Associated Contact: Project Description:vacation 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: 66 NARRATIVE SF Real Estate, LLC, a Minnesota limited liability company, applicant, owns Lots 1 and 2, Block 1, Fullerton Estates, City of Orono, County of Hennepin, State of Minnesota (the “Property”). A Drainage Easement is recorded in the Plat of Fullerton Estates. In addition, a Drainage Easement Agreement, dated September 30, 1997, between the then fee owners of the Property, and the City of Orono, was recorded in the office of the Registrar of Titles for Hennepin County, on December 11, 1997, as document No. 2868640. The Property is also subject to a Stormwater Facility Maintenance Agreement, dated September 30, 1997, between the then fee owner of the Property and the Minnehaha Creek Watershed District, record in the office of the Registrar of Titles for Hennepin County, on December 11, 1997, as document No. 2868641. Applicant has submitted a Permit Application to the Minnehaha Watershed District, Permit Application No. 23-495, requesting permission to relocate the Stormwater Management Facility on the Property. Applicant is seeking to fill in the existing pond on Lot 1, and replace it with rain gardens located on Lot 2. The Permit Application is currently in the public notice period, which expires May 23, 2024, As part of the relocation, Applicant is requesting the existing Drainage Easement in the plat of Fullerton Estates be vacated and replaced with a new Drainage Easement. The applicant has no intention of building any structure on Lot 1, for the foreseeable future. However, MCWD has requested, and the Applicant has submitted to the Watershed District, conceptual future stormwater treatment plans for a future for a future residence. 67 PROJECT No. 23066VICINITY MAPNWESFILE LOCATION: R:\Projects\23000\23000\23066\CIVIL\PRODUCTION\23066_Cover.dwg ORONO, MNFOX STREET STORMWATER BMPRELOCATIONPRELIMINARYmooreengineering, inc.Consulting Engineering ● Land Surveying2 Carlson Parkway North, Suite 110 ● Plymouth, Minnesotawww.mooreengineeringinc.comTABLE OF CONTENTSRev #Rev DateSheet NumberSheet TitleGENERALG-001COVERCIVILC-001CIVIL LEGENDC-002GENERAL NOTESC-003GENERAL NOTESC-004SWPPPC-005SWPPPC-006SWPPPC-007SWPPPPROJECT LAYOUTSC-101REMOVALS AND TEMPORARY EROSION CONTROLDETAILSC-201DETAILSC-202DETAILSSITE PLANSC-601GRADING PLANC-602BIOFILTRATION DRAIN TILE AND STORM SEWER LAYOUTC-603STORM SEWER PLAN AND PROFILEC-604STORM SEWER PLAN AND PROFILEC-605PERMANENT EROSION CONTROL68 23066DTEJCM----QDSP RE L IM INA RYPROJECT No.DATE:RECORD:REV DATE:REV NUM:DRAFTER:REVIEWER:MANAGER:DESIGNER:engineering, inc.mooreC-001FILE LOCATION: R:\Projects\23000\23000\23066\CIVIL\PRODUCTION\23066_Cover.dwg 6.14.2024----CIVIL FOX STREET STORMWATER BMP RELOCATION ORONO, MN CIVIL LEGEND------------CIVIL LEGENDS.C.E.69 23066DTEJCM----QDSP RE L IM INA RYPROJECT No.DATE:RECORD:REV DATE:REV NUM:DRAFTER:REVIEWER:MANAGER:DESIGNER:engineering, inc.mooreC-002FILE LOCATION: R:\Projects\23000\23000\23066\CIVIL\PRODUCTION\23066_Cover.dwg 6.14.2024----CIVIL FOX STREET STORMWATER BMP RELOCATION ORONO, MN GENERAL NOTES------------70 23066DTEJCM----QDSP RE L IM INA RYPROJECT No.DATE:RECORD:REV DATE:REV NUM:DRAFTER:REVIEWER:MANAGER:DESIGNER:engineering, inc.mooreC-003FILE LOCATION: R:\Projects\23000\23000\23066\CIVIL\PRODUCTION\23066_Cover.dwg 6.14.2024----CIVIL FOX STREET STORMWATER BMP RELOCATION ORONO, MN GENERAL NOTES------------71 23066DTEJCM----QDSP RE L IM INA RYPROJECT No.DATE:RECORD:REV DATE:REV NUM:DRAFTER:REVIEWER:MANAGER:DESIGNER:engineering, inc.mooreC-004FILE LOCATION: R:\Projects\23000\23000\23066\CIVIL\PRODUCTION\23066_Cover.dwg 6.14.2024----CIVIL FOX STREET STORMWATER BMP RELOCATION ORONO, MN SWPPP------------72 23066DTEJCM----QDSP RE L IM INA RYPROJECT No.DATE:RECORD:REV DATE:REV NUM:DRAFTER:REVIEWER:MANAGER:DESIGNER:engineering, inc.mooreC-005FILE LOCATION: R:\Projects\23000\23000\23066\CIVIL\PRODUCTION\23066_Cover.dwg 6.14.2024----CIVIL FOX STREET STORMWATER BMP RELOCATION ORONO, MN SWPPP------------73 23066DTEJCM----QDSP RE L IM INA RYPROJECT No.DATE:RECORD:REV DATE:REV NUM:DRAFTER:REVIEWER:MANAGER:DESIGNER:engineering, inc.mooreC-006FILE LOCATION: R:\Projects\23000\23000\23066\CIVIL\PRODUCTION\23066_Cover.dwg 6.14.2024----CIVIL FOX STREET STORMWATER BMP RELOCATION ORONO, MN SWPPP------------74 23066DTEJCM----QDSP RE L IM INA RYPROJECT No.DATE:RECORD:REV DATE:REV NUM:DRAFTER:REVIEWER:MANAGER:DESIGNER:engineering, inc.mooreC-007FILE LOCATION: R:\Projects\23000\23000\23066\CIVIL\PRODUCTION\23066_Cover.dwg 6.14.2024----CIVIL FOX STREET STORMWATER BMP RELOCATION ORONO, MN SWPPP------------75 S.C.E.23066DTEJCM----QDSPRELIMINARYPROJECT No.DATE:RECORD:REV DATE:REV NUM:DRAFTER:REVIEWER:MANAGER:DESIGNER:engineering, inc.mooreC-101FILE LOCATION: R:\Projects\23000\23000\23066\CIVIL\PRODUCTION\23066_ProjectLayouts.dwg 6.14.2024----PROJECT LAYOUTS FOX STREET STORMWATER BMP RELOCATION ORONO, MN REMOVALS AND TEMPORARY EROSION CONTROL------------76 STANDARD SILT FENCE DETAILNO SCALE WRG-312500-01 02.15.17TEMPORARY ROCK - SITE ENTRANCENO SCALEWRG-312500-04 02.15.17BIOFILTRATION BASIN CROSS SECTION A-A NO SCALEBIOFILTRATION BASIN CROSS SECTION B-B NO SCALEVEGETATED RIPRAPNO SCALEDRAIN TILE CLEANOUT - BRANCH NO SCALE UTILITY-SS-33.2 10.30.19DRAIN TILE CLEANOUT - ON LINE NO SCALE UTILITY-SS-33.1 10.30.19P RE L IM INA RY23066DTEJCM----QDSPROJECT No.DATE:RECORD:REV DATE:REV NUM:DRAFTER:REVIEWER:MANAGER:DESIGNER:engineering, inc.mooreFILE LOCATION: R:\Projects\23000\23000\23066\CIVIL\PRODUCTION\23066_Details.dwg C-2016.14.2024----DETAILS FOX STREET STORMWATER BMP RELOCATION ORONO, MN DETAILS------------77 RIPRAP AT FLARED END SECTION OUTLETNO SCALE MUNI-334000-6 06.21.18OUTLET CONTROL STRUCTURE M-02 NO SCALEV-NOTCH DETAIL FOR STRUCTURE M-02 NO SCALEP RE L IM INA RY23066DTEJCM----QDSPROJECT No.DATE:RECORD:REV DATE:REV NUM:DRAFTER:REVIEWER:MANAGER:DESIGNER:engineering, inc.mooreFILE LOCATION: R:\Projects\23000\23000\23066\CIVIL\PRODUCTION\23066_Details.dwg C-2026.14.2024----DETAILS FOX STREET STORMWATER BMP RELOCATION ORONO, MN DETAILS------------78 23066DTEJCM----QDSP RE L IM INA RYPROJECT No.DATE:RECORD:REV DATE:REV NUM:DRAFTER:REVIEWER:MANAGER:DESIGNER:engineering, inc.mooreC-601FILE LOCATION: R:\Projects\23000\23000\23066\CIVIL\PRODUCTION\23066_Site.dwg 6.14.2024----SITE PLANS FOX STREET STORMWATER BMP RELOCATION ORONO, MN GRADING PLAN------------NWESScale in Feet05079 23066DTEJCM----QDSP RE L IM INA RYPROJECT No.DATE:RECORD:REV DATE:REV NUM:DRAFTER:REVIEWER:MANAGER:DESIGNER:engineering, inc.mooreC-602FILE LOCATION: R:\Projects\23000\23000\23066\CIVIL\PRODUCTION\23066_Site.dwg 6.14.2024----SITE PLANS FOX STREET STORMWATER BMP RELOCATION ORONO, MN BIOFILTRATION DRAIN TILE AND STORM SEWER LAYOUT------------NWESScale in Feet02080 Dwg Scale: 1" = 40'PROJECT No.DATE:RECORD:REV DATE:DRAFTER:REVIEWER:MANAGER:DESIGNER:engineering, inc.mooreFILE LOCATION: R:\Projects\23000\23000\23066\CIVIL\PRODUCTION\23066_Site.dwg REV NUM:P RE L IM INA RYNWESScale in Feet04023066DTEJCM----QDSC-6036.14.2024----SITE PLANS FOX STREET STORMWATER BMP RELOCATION ORONO, MN STORM SEWER PLAN AND PROFILE------------81 Dwg Scale: 1" = 40'PROJECT No.DATE:RECORD:REV DATE:DRAFTER:REVIEWER:MANAGER:DESIGNER:engineering, inc.mooreFILE LOCATION: R:\Projects\23000\23000\23066\CIVIL\PRODUCTION\23066_Site.dwg REV NUM:P RE L IM INA RYNWESScale in Feet04023066DTEJCM----QDSC-6046.14.2024----SITE PLANS FOX STREET STORMWATER BMP RELOCATION ORONO, MN STORM SEWER PLAN AND PROFILE------------82 23066DTEJCM----QDSP RE L IM INA RYPROJECT No.DATE:RECORD:REV DATE:REV NUM:DRAFTER:REVIEWER:MANAGER:DESIGNER:engineering, inc.mooreC-605FILE LOCATION: R:\Projects\23000\23000\23066\CIVIL\PRODUCTION\23066_Site.dwg 6.14.2024----SITE PLANS FOX STREET STORMWATER BMP RELOCATION ORONO, MN PERMANENT EROSION CONTROL------------NWESScale in Feet05083 From:Lucas Mueller To:Bruce A Boeder; Dan Elemes Cc:Marcel Smits (marcel.smits@me.com); Conrad Smits Subject:RE: Planning Commission Meeting postponed Date:Wednesday, June 12, 2024 10:50:04 AM Bruce, Here is the approximate cut and fill calcs. We will have the rest of our materials wrapped up and over to you by the end of this week. Let me know if you have any questions. Comment Cut (CY)Fill (CY) Remove Septic Mound 1,000 Dispose of Septic Mound Materials Offsite 1,000 Excavate Stormwater Basins 3,000 Fill Pond 1,000 Excess Fill to be Wasted Onsite or Hauled Away 2,000 Total 4,000 4,000 Thanks, Lucas Mueller Environmental Team Lead moore engineering, inc. Cell 952.913.1384 2 Carlson Parkway, Suite 110, Plymouth, MN 55447 lucas.mueller@mooreengineeringinc.com | www.mooreengineeringinc.com Founded 1960 · Proudly 100% employee-owned From: Bruce A Boeder <bboeder@boederlaw.com> Sent: Tuesday, June 11, 2024 1:39 PM To: Dan Elemes <Dan.Elemes@mooreengineeringinc.com>; Lucas Mueller <Lucas.Mueller@mooreengineeringinc.com> Cc: Marcel Smits (marcel.smits@me.com) <marcel.smits@me.com>; Conrad Smits <conrad.smits@me.com> Subject: Planning Commission Meeting postponed The appearance before the Orono Planning Commission next Monday for the Easement Vacation Request has been postponed until the July 15th Planning Commission Meeting. I spoke with Laura Oakden, the Orono Community Development Director, and she suggested the postponement. Most probably the grading necessary to fill in the existing storm water pond and install the new rain garden will require a grading permit, issued by the City Council. And the Grading permit will require a public notice. I agreed that it would be the most efficient to request the 84 Easement Vacation along with the issuance of a grading permit at the same meeting of the Planning Commission and City Council. Accordingly, I would appreciate it if you could get “cut and fill” calculations to me by June 21st and any additional information that you could provide regarding the grading. I need to submit that information by June 21st, to keep on the schedule for the July 15th Planning Commission and the August 12th City Council Meeting. That should allow the actual work to be done in late August or more probably early September, as planned. Thanks Bruce A. Boeder Bruce A. Boeder, P.A. Attorney at Law 11919 Hilloway Road Minnetonka, MN 55305 Mobile: 612.839.2634 Email: BBoeder@Boederlaw.com Disclaimer The information contained in this communication from the sender is confidential. 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To find out more, visit our website. 85 86 87 DRAINAGE EASEMENT DESCRIPTION That part of Lot 2, Block 1 of FULLERTON ESTATES, said plat is on file and of record in the office of the Registrar of Titles, Hennepin County, Minnesota described as follows: Commencing at the northeast corner of said Lot 2; thence North 89 degrees 07 minutes 00 seconds West on a record bearing along the north line of said Lot 2 for a distance of 509.21 feet to the point of beginning; thence con�nuing North 89 degrees 07 minutes 00 seconds West along the north line of said Lot 2 for a distance of 100.08 feet; thence South 04 degrees 51 minutes 47 seconds West for a distance of 184.50 feet to the southerly line of said Lot 2; thence southeasterly along the southerly line of said Lot 2 on a non-tangen�al curve concave to the southwest, having a central angle of 81 degrees 37 minutes 25 seconds and a radius of 50.00 feet, for an arc distance of 71.23 feet (chord bearing South 40 degrees 48 minutes 41 seconds East); thence South 90 degrees 00 minutes 00 seconds East con�nuing along the southerly line of said Lot 2 for a distance of 273.00 feet; thence North 00 degrees 44 minutes 46 seconds West for a distance of 49.60 feet; thence North 69 degrees 48 minutes 45 seconds West for a distance of 151.77 feet; thence North 41 degrees 41 minutes 56 seconds West for a distance of 85.78 feet; thence North 00 degrees 08 minutes 25 seconds East for a distance of 65.74 feet to the point of beginning. Said easement contains 0.97 acres, more or less, and is subject to all easements, restric�ons, reserva�ons and rights of way of record, if any. 88 June 5, 2024 3295 Fox Street Orono, MN RE: Notice of Conditional Approval for MCWD Permit Application #23-495 Dear Applicants, Thank you for submitting an application for a Minnehaha Creek Watershed District permit at the above- referenced address. The public comment period and review of this application has concluded, and the Minnehaha Creek Watershed District has determined the permit mentioned above application to be complete. Therefore, the application can be approved once the following are completed: • Payment of fees (via online portal or check) • Financial assurance (escrow, bond, LOC) • Confirmation that the applicant will provide as-builts once the new BMP is constructed • Confirmation that superseding maintenance declaration will be recorded once new BMP as-built is approved by MCWD Fee Breakdown For Amount Permit Application $10.00 Public Notice Mailing $8.48 Legal $837.00 Engineering $3,899.00 TOTAL $4,754.48 Financial Assurance For Amount Erosion Control $1,500 Stormwater Management $2,934 TOTAL $4,434 https://minnehahacreek.org/permits/regulations/financial-assurances-rule/ Once the above-mentioned materials have been submitted and all permit conditions have been met, staff will issue the permit. You are reminded that work on the project cannot begin until the permit has been issued. The approval expires one year from the date of this letter. If final municipal approval of the project results in changes to the project you must submit revised plans to the MCWD for review. Please contact me at mmenden@minnehahacreek.org or 952-641-4586 if you have any questions or concerns. Maggie Menden Permitting Technician 89 90 91 92 93 94 95 96 97 98 Hennepin County Locate & Notify Map 3295 & 3345 Fox 0 200 400100 Feet Date: 6/26/2024 Buffer Size:500 Map Comments: This data (i) is furnished 'AS IS' with no representation as to completeness or accuracy; (ii) is furnished with no warranty of any kind; and (iii) is notsuitable for legal, engineering or surveying purposes. Hennepin County shall not be liable for any damage, injury or loss resulting from this data. For more information, contact Hennepin County GIS Office 300 6th Street South, Minneapolis, MN 55487 / gis.info@hennepin.us 99 38 05-117-23 41 0011 ANTHONY E ARMAND SHANNON M ARMAND 495 OXFORD RD ORONO MN 55356 38 05-117-23 41 0020 TRUE VICTORY CHRISTIAN FLWSP 525 LEAF ST LONG LAKE MN 55356 38 05-117-23 41 0024 CORNELIA D KLITZKE 555 OXFORD RD LONG LAKE MN 55356 38 05-117-23 41 0026 MAXXR R MCCARTHY JR 686 FERNDALE RD W WAYZATA MN 55391 38 05-117-23 41 0027 SF REAL ESTATE LLC 3345 FOX ST ORONO MN 55356 38 05-117-23 41 0028 MICHAEL CLARK & MARCY CLARK 565 LEAF ST ORONO MN 55356 38 05-117-23 41 0029 KAREN K WAKE BECKER ET AL 575 OXFORD ROAD LONG LAKE MN 55356 38 05-117-23 42 0001 UNDIVIDED 38 05-117-23 43 0005 FOX STREET TRUST 3400 FOX ST LONG LAKE MN 55356 38 05-117-23 44 0003 WILLIAM L TRUBECK 3300 FOX ST LONG LAKE MN 55356 38 05-117-23 44 0006 SF REAL ESTATE LLC 3345 FOX ST ORONO MN 55356 38 05-117-23 44 0007 SF REAL ESTATE LLC C/O MARCEL SMITS 3345 FOX ST LONG LAKE MN 55356 38 05-117-23 44 0008 3350 FOX STREET LLC 3350 FOX ST LONG LAKE MN 55356 38 05-117-23 44 0009 HUANG/WANG LIVING TRUST 3320 FOX ST LONG LAKE MN 55356 38 05-117-23 44 0010 SF REAL ESTATE LLC C/O MARCEL SMITS 3345 FOX ST ORONO MN 55356 38 05-117-23 44 0011 WINTERROCK HOLDINGS LLC 3288 FOX ST ORONO MN 55356 38 05-117-23 44 0012 MALLORY MULLINS/MARTIN LUECK 3250 FOX ST P O BOX 576 LONG LAKE MN 55356 38 05-117-23 44 0013 MALLORY MULLINS/MARTIN LUECK 3250 FOX ST P O BOX 576 LONG LAKE MN 55356 100 Date: July 15, 2024 Item: 5.4 Presenter: Laura Oakden, Community Development Director Section: Public Hearings Title: #LA24-000038, Lake West Development, 3245 Wayzata Boulevard, Interim Use Permit, Material Import/Grading (Staff: Laura Oakden) 1.Purpose: The applicant requests an Interim Use Permit (IUP) to conduct grading and remediation of contaminated material on site. 2.MN§15.99 Application Deadline: The application was submitted and deemed complete June 19, 2024, the 60 day review period expires on August 18, 2024. 3.Background: The goal of the proposed project is to move the contaminated material on the site to a different location on-site and cap it following MCPA guidelines. The excavated area will then be filled with clean soil to create a buildable area for future development. The site has two large wetlands that bookend the dry land and is located between Wayzata Boulevard and Highway 12. The applicant plans to remove the trees and demolish the existing building. The existing contaminated area is roughly 9.86 acres. The project will excavate approximately 5.39 acres and consolidate the contaminated material to the landfill area of 4.28 acres. The plan identifies that the work will extend into the edges of the wetlands which will be restored to the pre-existing contours after waste removal and vegetated. The project will include approximately 67,000 cubic yards of excavated waste material; the clean soil will be spread over the contaminated material to cap the new embankment/berm and spread throughout the site. The applicant requests an Interim Use Permit for grading to create an embankment for the contaminated soil and spread clean soil over the remainder of the site. The applicant is currently seeking approval from the Minnesota Pollution Control Agency and Minnehaha Creek Watershed District (MCWD) regarding the soil remediation of the contaminated material on the site. 4.Staff Recommendation: Planning Staff recommends approval conditioned upon compliance with the permitting requirements from all applicable jurisdictions. 5.Planning Commission Action Requested: The Planning Commission should make a motion to recommend approval of the IUP. AGENDA ITEM Exhibits Exhibit A - PC Staff Report Ex B. Application.pdf Ex C. Narrative IUP.pdf 101 Ex D. Survey.pdf Ex E. Grading Plan.pdf Ex F MCWD Wetland Notice of Decision.pdf Ex G. Mailing List and Map.pdf 102 Date Application Received: 06/19/2024 Date Application Considered as Complete: 06/19/2024 60-Day Review Period Expires: 08/18/2024 To: Chair Bollis and Planning Commission Members Adam Edwards, City Administrator From: Laura Oakden, Community Development Director Date: 15 July 2024 Subject: #LA24-000038, Lake West Development, 3245 Wayzata Boulevard, Interim Use Permit – Material Import/Grading Public Hearing Background The applicant is currently seeking approval from the Minnesota Pollution Control Agency and Minnehaha Creek Watershed District (MCWD) to remediate the soil for contaminated materials on the site. The goal of the proposed project is to move the contaminated material on site into a large mound and cap it following MCPA guidelines. The site will then be filled with clean soil to create a buildable area for future development. The site has two large wetlands that bookend the dry land and is located between Wayzata Boulevard and Highway 12. The applicant plans to remove the trees and demolish the existing building. The existing contaminated area is roughly 9.86 acres. The project will excavate approximately 5.39 acres and consolidate the contaminated material to the landfill area of 4.28 acres. The plan identifies that the work will extend into the edges of the wetlands which will be restored to the pre-existing contours after waste removal and vegetated. The project will include approximately 67,000 cubic yards of excavated waste material; the clean soil will be spread over the contaminated material to cap the new embankment/berm and spread throughout the site. The applicant requests an Interim Use Permit for grading to create an embankment for the contaminated soil and clean soil for the remainder of the site. Applicable Regulations: Interim Use Permit (Section 78-1726) An Interim Use Permit (IUP) is required when substantial land alterations are proposed that are not associated with a construction permit. For properties greater than 5 acres, a project that disturbs over 20,000 square feet of area, results in more than 5,000 cubic yards of imported/exported material, and/or includes stockpiling of material for more than 180 days requires an IUP. The project will result in approximately 9.86 acres (429,501 sq.ft) of graded area. Interim Use Permit Analysis Staff finds that the purpose and scope of the proposed project are reasonable. The City Engineer is reviewing the project and any comments will be presented for council consideration. The project will be reviewed again at the time of the administrative grading permit. According to Code Section 78-1726, an interim use permit may be granted if the city council determines that the use will comply with the following: 1) The use is allowed as an interim use in the applicable zoning district; Grading activities are permitted within the RR-1B Zoning District. This criterion is met. Application Summary: The applicant requests an Interim Use Permit to conduct grading including remediation of soil and contaminated material on site. Staff Recommendation: Planning Department Staff recommends approval. 103 FILE # LA24-000038 15 July 2024 Page 2 of 3 2) The use will not delay anticipated development or redevelopment of the site; The grading activities will not impact future site development. This criterion is met. 3) The use will not be in conflict with any provisions of the city code on an ongoing basis; The plan will be reviewed by our City Engineer and the applicant will be required to follow City requirements. The project will obtain all necessary permits with outside agencies including MPCA, MCWD, and NPDES permitting. This criterion is met. 4) The use will not adversely affect the adjacent property, the surrounding neighborhood, or other uses on the property where the use will be located; The applicant shall ensure the project scope remains within the property lines, the haul route is monitored (and cleaned as often as necessary), and that any adverse impacts are mitigated. This criterion is met. 5) The use will not impose additional unreasonable costs on the public; The project will not impose additional costs on the public. This criterion is met. 6) The date or event that will terminate the use can be identified with certainty; The applicant has provided a project timeline which will commence in the Fall of 2024 and will be finalized in 2025. This criterion is met. 7) And the applicant agrees in writing to any conditions that the city council deems appropriate for the use, including a requirement for a financial security to ensure removal of all evidence of the use upon termination, and restoration of the site to prior or better conditions. The conditions shall be set forth in a development agreement between the property owner and the city, which agreement shall be recorded with the Hennepin County Recorder or Registrar of Deeds. Approval of the Interim Use Permit will be done through a resolution that is recorded against the property. All requirements and conditions will be listed as part of the resolution. This criterion is met. Additional Applicable Regulations (Section 78-916) 1) Consistent with the community management plan; The proposed activity on the residential properties is consistent with the community management plan. The proposed grade alterations are reasonable. 2) Compliant with the zoning code, including any conditions imposed on specific uses as required by article V, division 3 of the City Code; This criterion is met. 3) Adequately served by police, fire, roads, and stormwater management; This criterion is met. The applicant shall obtain all necessary permits. 4) Provided with an adequate water supply and sewage disposal system; This criterion is not applicable. 5) Not expected to generate excessive demand for public services at public cost; This criterion is met. 6) Compatible with the surrounding area as the area is used both presently and as it is planned to be used in the future; There is no change of use contemplated. This criterion is met. 7) Consistent with the character of the surrounding area, unless a change of character is called for in the community management plan; The project will not result in a change in character. 8) Compatible with the character of buildings and site improvements in the surrounding area, unless a change of character is called for in the community management plan; This criterion is not applicable. 9) Not expected to substantially impair the use and enjoyment of the property in the area or have a materially adverse impact on the property values in the area when compared to the impairment or impact of generally permitted uses; The proposed land alterations will be contained to the site and will meet all requirements by the City of Orono and other outside agencies. 10) Provided with screening and buffering adequate to mitigate undesirable views and activities likely to disturb surrounding uses; No screening or buffer requirements are required by the City. This criterion is met. 104 FILE # LA24-000038 15 July 2024 Page 3 of 3 11) Not create a nuisance which generates smoke, noise, glare, vibration, odors, fumes, dust, electrical interference, general unsightliness, or other means; The proposed project will be contained to the site and is not permitted to encroach on neighboring properties. This criterion is met. 12) Not cause excessive non-residential traffic on residential streets, parking needs that cause a demonstrable inconvenience to adjoining properties, traffic congestion, or unsafe access; The access to the site is from Wayzata Boulevard, a county road. No residential streets will be impacted by the project. This criterion is met. 13) Designed to take into account the natural, scenic, and historic features of the area and to minimize environmental impact; The applicant shall obtain all necessary permits from outside agencies such as MCWD, MPCA, and NPDES permit. The project is proposed to move contaminated soil from one portion of the site to another; the materials will be properly capped and a berm/embankment will be created consistent with MPCA guidelines. This criterion is met. 14) All exterior lighting shall be so directed so as not to cast glare toward or onto the public right-of-way or neighboring residential uses or districts; This criterion is met; and 15) Not detrimental to the public health, public safety, or general welfare. This criterion is met. The Commission may recommend or the Council may impose conditions in granting an IUP. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the IUP. Public Comments To date, no public comments have been received. Issues for Consideration 1. Does the Planning Commission find that the IUP and subsequent grading permit, if granted, will not alter the essential character of the neighborhood? 2. Does the Commission find it necessary to impose conditions to mitigate the impacts created by the granting of the requested grading activity? 3. Are there any other issues or concerns with this application? Planning Staff Recommendation Planning Staff recommends approval conditioned upon compliance with the permitting requirements from all applicable jurisdictions. 105 Land Use Application Summary Application Date:06/19/2024 Address:3245 Wayzata Boulevard West Orono, MN 55356 Parcel Number:3211823140002 Land Use Number:LA24-000038 Application Submitted By:Property Owner Owner:Name: LAKEWEST LLC Address: LAKEWEST LLC Applicant:Name: Kelsey Thompson Company: Address: , kelsey@lwestdev.com Contact Information:Associated Contact: Kelsey Thompson kelsey@lwestdev.com Associated Contact: Mark Rausch mrausch@alliant-inc.com Associated Contact: Curt Freham Associated Contact: Project Description:Regrading site clean up - IUP 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: 106 Lake West Development | 14525 Highway 7, Suite 265, Minnetonka, MN 55345 | Phone 952-930-3000 June 19, 2024 City of Orono 2750 Kelley Parkway Orono, MN 55356 Re: Narrative for Interim Use Permit for 3245 Wayzata Blvd West Lake West is submitting an Interim Use Permit (IUP) application to the City of Orono to seek approval for the environmental cleanup of the property located at 3245 Wayzata Blvd W., commonly known as the Eisinger property. The IUP would allow grading as a remediation activity that aims to address environmental concerns identified on-site. Our plan includes grading and comprehensive soil remediation measures to ensure the removal and proper containment of contaminants in accordance with the MPCA’s regulations and best practices. The project will be overseen by qualified professionals to minimize environmental impact and ensure safety. We kindly request approval to proceed with this necessary and long overdue environmental cleanup to safeguard public health and comply with regulatory requirements for future development. Please find enclosed all the required documentation detailing the proposed environmental cleanup that would commence upon approval of this IUP. This cleanup process that’s been discussed over time is expected to span a few seasons, during which Lake West will continue with development plans, understanding that both endeavors require some time. Thank you for considering our application to initiate the cleanup of this property. Should you require any additional information or clarification, please do not hesitate to contact us at your earliest convenience. Best Regards, Curt Fretham CEO, Lake West Development Office: Cell: Email: (952) 930-3000 (612) 720-5690 CurtF@LWestDev.com Cc: Laura Oakden, City of Orono Mark Rausch, Alliant Michelle Hosfield, Stantec Kelsey Thompson, Lake West Development, LLC 107 108 WETLAND 2 (MANAGE 1) WETLAND 1 (MANAGE 2) WAYZATA BLVD TELEPHONE CABLE POST U. S . H I G H W A Y N O . 1 2 File Location: X:\4000330-00\001\40 Design\00 Sheets - Mass Grading\COVER-MG.dwg Plotted By: Ben Palazzolo on June 19, 2024 at 12:14:37 PMKnow what's below. Call before you dig. R Dial 811 FOR R E VI E W O N L Y PRE LI MI N A R Y NOT F O R C O N S T R U C TI O N 0 SCALE IN FEET 50 100 200 N CITY SUBMITTAL 2024-06-19 1 13ORONO, MINNESOTA MASS GRADINGEISINGER MEADOWS - MASS GRADINGCOVER SHEETwww.alliant-inc.com PROJECT TEAM DATA QA/QC CHECK DateBy CERTIFICATION Date License no.DATEDESCRIPTIONProject No.: Drafted By: Designed By: Sheet of MARK RAUSCH 43480 MPR BJP 4000330-00 I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Civil Engineer under the laws of the State of MINNESOTA. PLAN SUBMISSION/REVISION MATRIX #SHEET DESCRIPTION DEVELOPER LAKE WEST DEVEOPMENT 14525 HIGHWAY 7 MINNETONKA, MINNETONKA 55345 Phone: 952.653.1346 Contact: KELSEY THOMPSON CONSULTANT Alliant Engineering, Inc. Marquette Avenue South, Suite 700 Minneapolis, MN 55402 Phone: 612.758.3080 Fax: 612.758.3099 ENGINEER MARK RAUSCH License No. 43480 Email: mrausch@alliant-inc.com SURVEYOR DAN EKREM License No. 57366 Email: dekrem@alliant-inc.com LANDSCAPE ARCHITECT JOHN GRONHOVD License No. 59233 Email: jgronhovd@alliant-inc.com VICINITY MAP NOT TO SCALE N EISINGER MEADOWS - MASS GRADING ORONO, MINNESOTA CONTACT LIST 1 13 1 Cover Sheet X 2 3 4 5 6 7 8 9 10 11 12 #SHEET DESCRIPTION X X X X X X X X X X X 2024-06-19Demolition Plan - Overall Grading Plan - Overall Wetland Management Plan Tree Inventory Erosion Control Plan Erosion Control Notes PROJECT LOCATION Landfill Consolidation Plan Grading Plan - View A Grading Plan - View B Demolition Plan - View A Demolition Plan - View B 13 XTree Preservation Plan 109 S 01°05'38" W 1232.50393.24N 88°54'22" W 418.00 50.00N 01°05'38" E 392.08S 89°04'24" E 418.0050.00S 89°03'53" E 418.00 789.26R= 2 4 4 6 . 4 8 Δ = 3 1 ° 2 5 ' 1 8 " L= 1 3 4 1 . 6 8 N 4 8 ° 3 2 ' 1 8 " W 2 1 3 . 0 6N 00°17'00" E 538.0050.00488.00West line of Gov't Lot 1, Sec. 32-118-23 based on MC 13 being lost West line of Gov't Lot 1, Sec. 32-118-23 based on MC 13 being perpetuatedN 00°26'51" W90\179WAYZATA BLVD South line of Gov't Lot 1 TELEPHONE CABLE POST Remains of old fence 91.73HENN. CO. MON. AT E 1/4 COR. OF SEC. 32-118-2352.50S 89°03'53" E 1374.07 FOUND MnDOT MONUMENT NOTE: ACCESS CONTROL BY MnDOT ALONG SOUTH LINE EXISTING HOUSE EXISTING GARAGE GRAVEL DRIVEWAY ROCK WALLROCK WALL 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 4344 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 U. S . H I G H W A Y N O . 1 2 WETLAND 2 (MANAGE 1) WETLAND 1 (MANAGE 2) VIEW A VIEW B File Location: X:\4000330-00\001\40 Design\00 Sheets - Mass Grading\DEMOLITION-MG.dwg Plotted By: Ben Palazzolo on June 19, 2024 at 12:14:52 PMKnow what's below. Call before you dig. R Dial 811 FOR R E VI E W O N L Y PRE LI MI N A R Y NOT F O R C O N S T R U C TI O N 0 SCALE IN FEET 40 80 160 N W S E CITY SUBMITTAL 2024-06-19 2 13ORONO, MINNESOTA MASS GRADINGEISINGER MEADOWS - MASS GRADINGDEMOLITION PLAN - OVERALLwww.alliant-inc.com PROJECT TEAM DATA QA/QC CHECK DateBy CERTIFICATION Date License no.DATEDESCRIPTIONProject No.: Drafted By: Designed By: Sheet of MARK RAUSCH 43480 MPR BJP 4000330-00 I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Civil Engineer under the laws of the State of MINNESOTA. 2 13 DEMOLITION NOTES: LEGEND: 110 10121010 100 810061008 1006100410021000998996 1000 994 992 990 988 986 984 982980 978 976 1 0 0 8 1006 1004 1002 10 0 0 99 8 996994992 990988986984982980978976974982 98498698 8 988992990988986984982980978976974 988986984982978976980S 01°05'38" W 1232.50393.24N 88°54'22" W 418.00 50.00N 01°05'38" E 392.08S 89°04'24" E 418.0050.00S 89°03'53" E 418.00 789.26N 4 8 ° 3 2 ' 1 8 " W 2 1 3 . 0 6N 00°17'00" E 538.0050.00488.00West line of Gov't Lot 1, Sec. 32-118-23 based on MC 13 being lost West line of Gov't Lot 1, Sec. 32-118-23 based on MC 13 being perpetuatedN 00°26'51" W90\179WAYZATA BLVD TELEPHONE CABLE POST Remains of old fence S 89°03'53" E 1374.07 FOUND MnDOT MONUMENT NOTE: ACCESS CONTROL BY MnDOT 12" LINDEN 10" BLACK OAK 12" LINDEN 14" BLACK OAK 14" SCOTCH PINE 14" LINDEN 28" WHITE OAK 28" BLACK OAK 22" MAPLE 22" OAK 20" MAPLE 10" LINDEN 24" MAPLE 20" SOFT MAPLE 10" SOFT MAPLE 14" SOFT MAPLE10" SOFT MAPLE 12" SOFT MAPLE 14" SPRUCE 12" SOFT MAPLE 10" WHITE OAK 10" SPRUCE 20" SOFT MAPLE 10" SPRUCE20" SOFT MAPLE 20" SOFT MAPLE 18" SOFT MAPLE 40" LINDEN 18" WHITE PINE 10" SPRUCE 28" LINDEN 28" BLACK OAK 12" BLACK WALNUT 12" BLACK WALNUT 12" BLACK WALNUT 12" ASH 10" SPRUCE 24" ASH 16" SPRUCE16" SPRUCE 22" SCOTCH PINE 20" SPRUCE 22" SCOTCH PINE 12" SPRUCE 18" SPRUCE 20" SPRUCE 22" SCOTCH PINE10" ELM 16" SPRUCE16" SPRUCE 28" ASH10" BLACK WALNUT 22" MAPLE 10" BLACK WALNUT 28" MAPLE 10" ASH 10" MAPLE 10" RED PINE 12" RED PINE 12" RED PINE 14" ASH 10" APPLE 14" ASH 14" ASH 12" SPRUCE ELM CLUMP 14" ELM 14" WHITE PINE 14" WHITE PINE 16" WHITE PINE 3-18" WHITE PINES14" RED PINE10" ASH10" ASH 12" ASH 14" BLACK WALNUT 12" BLACK WALNUT 12" BLACK WALNUT 18" ASH14" MAPLE 10" LOCUST 20" LOCUST 26" MAPLE 18" HACK- BERRY 22" SILVER MAPLE 24" SILVER MAPLE 24" ASH 30" ELM28" LINDEN 28" BLACK OAK 24" LINDEN12" SPRUCE 12" SPRUCE 12" SPRUCE 16" ASH 16" LINDEN 20" LINDEN 10" BLACK WALNUT 10" BOX ELDER 12X14" LINDEN 10X14" LINDEN 12" LINDEN 10" HACKBERRY 28" LINDEN 10X12" ASH 16" ASH 12" ASH 28" BLACK OAK 12" SPRUCE 12" BLACK WALNUT EXISTING HOUSE EXISTING GARAGE GRAVEL DRIVEWAY ROCK WALLROCK WALL RED PINEGROVEU. S . H I G H W A Y N O . 1 2 WETLAND 2 (MANAGE 1) WETLAND 1 (MANAGE 2)File Location: X:\4000330-00\001\40 Design\00 Sheets - Mass Grading\DEMOLITION-MG.dwg Plotted By: Ben Palazzolo on June 19, 2024 at 12:14:53 PMKnow what's below. Call before you dig. R Dial 811 FOR R E VI E W O N L Y PRE LI MI N A R Y NOT F O R C O N S T R U C TI O N 0 SCALE IN FEET 25 50 100 N W S E CITY SUBMITTAL 2024-06-19 3 13ORONO, MINNESOTA MASS GRADINGEISINGER MEADOWS - MASS GRADINGDEMOLITION PLAN - VIEW Awww.alliant-inc.com PROJECT TEAM DATA QA/QC CHECK DateBy CERTIFICATION Date License no.DATEDESCRIPTIONProject No.: Drafted By: Designed By: Sheet of MARK RAUSCH 43480 MPR BJP 4000330-00 I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Civil Engineer under the laws of the State of MINNESOTA. 3 13 LEGEND: 111 992 990988986984982980978976974974 976 9 7 8 98 0 982 98498698 8 988988986984982978976980S 01°05'38" W 1232.50N 88°54'22" W 418.00 789.26R= 2 4 4 6 . 4 8 Δ = 3 1 ° 2 5 ' 1 8 " L= 1 3 4 1 . 6 8 N 4 8 ° 3 2 ' 1 8 " W 2 1 3 . 0 6 Sec. 32-118-23 based on MC 13 being perpetuated 90\179South line of Gov't Lot 1 91.73HENN. CO. MON. AT E 1/4 COR. OF SEC. 32-118-23 FOUND MnDOT MONUMENT NOTE: ACCESS CONTROL BY MnDOT ALONG SOUTH LINEU. S . H I G H W A Y N O . 1 2 WETLAND 2 (MANAGE 1)File Location: X:\4000330-00\001\40 Design\00 Sheets - Mass Grading\DEMOLITION-MG.dwg Plotted By: Ben Palazzolo on June 19, 2024 at 12:14:53 PMKnow what's below. Call before you dig. R Dial 811 FOR R E VI E W O N L Y PRE LI MI N A R Y NOT F O R C O N S T R U C TI O N 0 SCALE IN FEET 25 50 100 N W S E CITY SUBMITTAL 2024-06-19 4 13ORONO, MINNESOTA MASS GRADINGEISINGER MEADOWS - MASS GRADINGDEMOLITION PLAN - VIEW Bwww.alliant-inc.com PROJECT TEAM DATA QA/QC CHECK DateBy CERTIFICATION Date License no.DATEDESCRIPTIONProject No.: Drafted By: Designed By: Sheet of MARK RAUSCH 43480 MPR BJP 4000330-00 I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Civil Engineer under the laws of the State of MINNESOTA. 4 13 LEGEND: 112 WETLAND 2 (MANAGE 1) WETLAND 1 (MANAGE 2) SBH-1 SBH-2 SBH-3 SBH-4 SBH-5 SBH-6 SBH-7 SBH-8 SBH-9 SBH-10 SBH-11 SBH-12 SBH-13 SBH-14 SBH-15 SBH-16 SBH-17 SBH-18 SBH-19 SBH-20 SBH-21 SBH-22 SBH-24 SBH-25SBH-26 SBH-27 SBH-28 SBH-29 SBH-1.1 SBH-2.1 B-7 B-4 B-5 B-6 B-3 B-2 B-10 B-9 B-8 B-1 SBH-5.1 SBH-6.1 SBH-4.1 SBH-7.1 SBH-8.1 GS TP-5 GS TP-6 GS TP-7 GS TP-4 GS TP-3 GS TP-2 GS TP-1 MI/END TT-1B GS TP-10 GS TP-9 MI/END TT-1A U. S . H I G H W A Y N O . 1 2 File Location: X:\4000330-00\001\40 Design\00 Sheets - Mass Grading\LANDFILL.dwg Plotted By: Ben Palazzolo on June 19, 2024 at 12:15:08 PMKnow what's below. Call before you dig. R Dial 811 FOR R E VI E W O N L Y PRE LI MI N A R Y NOT F O R C O N S T R U C TI O N 0 SCALE IN FEET 25 50 100 N W S E CITY SUBMITTAL 2024-06-19 5 13ORONO, MINNESOTA MASS GRADINGEISINGER MEADOWS - MASS GRADINGLANDFILL CONSOLIDATION PLANwww.alliant-inc.com PROJECT TEAM DATA QA/QC CHECK DateBy CERTIFICATION Date License no.DATEDESCRIPTIONProject No.: Drafted By: Designed By: Sheet of MARK RAUSCH 43480 MPR BJP 4000330-00 I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Civil Engineer under the laws of the State of MINNESOTA. 5 13 LEGEND: SBH-25 NOTES: 113 WETLAND 2 (MANAGE 1) WETLAND 1 (MANAGE 2) WAYZATA BLVD TELEPHONE CABLE POST U. S . H I G H W A Y N O . 1 2 VIEW A VIEW B File Location: X:\4000330-00\001\40 Design\00 Sheets - Mass Grading\GRADING-MG.dwg Plotted By: Ben Palazzolo on June 19, 2024 at 12:15:20 PMKnow what's below. Call before you dig. R Dial 811 FOR R E VI E W O N L Y PRE LI MI N A R Y NOT F O R C O N S T R U C TI O N 0 SCALE IN FEET 40 80 160 N W S E CITY SUBMITTAL 2024-06-19 6 13ORONO, MINNESOTA MASS GRADINGEISINGER MEADOWS - MASS GRADINGGRADING PLAN - OVERALLwww.alliant-inc.com PROJECT TEAM DATA QA/QC CHECK DateBy CERTIFICATION Date License no.DATEDESCRIPTIONProject No.: Drafted By: Designed By: Sheet of MARK RAUSCH 43480 MPR BJP 4000330-00 I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Civil Engineer under the laws of the State of MINNESOTA. 6 13 GRADING NOTES: LEGEND: SBH-25 114 WETLAND 2 (MANAGE 1) WETLAND 1 (MANAGE 2) SBH-1 SBH-2 SBH-3 SBH-4 SBH-5 SBH-6 SBH-7 SBH-8 SBH-9 SBH-10 SBH-11 SBH-12 SBH-13 SBH-14 SBH-15 SBH-16 SBH-17 SBH-18 SBH-19 SBH-20 SBH-21 SBH-22 SBH-24 SBH-25SBH-26 SBH-27 SBH-28 SBH-29 SBH-1.1 SBH-3.1 SBH-2.1 B-7 B-4 B-5 B-6 B-3 B-2 B-10 B-9 B-8 B-1 SBH-5.1 SBH-6.1 SBH-4.1 SBH-7.1 SBH-8.1 GS TP-5 GS TP-6 GS TP-7 GS TP-4 GS TP-3 GS TP-2 GS TP-1 MI/END TT-1B GS TP-10 GS TP-9 MI/END TT-1A WAYZATA BLVD TELEPHONE CABLE POST U. S . H I G H W A Y N O . 1 2 10121010 100 810061008 1006100410021000998996 1000 994 992 990 988 986 984 982980 978 976 1 0 0 8 1006 1004 1002 10 0 0 99 8 996994992 990988986984982980978976974982 98498698 8 988992990988986984982980978976974 988986984982978976980File Location: X:\4000330-00\001\40 Design\00 Sheets - Mass Grading\GRADING-MG.dwg Plotted By: Ben Palazzolo on June 19, 2024 at 12:15:21 PMKnow what's below. Call before you dig. R Dial 811 FOR R E VI E W O N L Y PRE LI MI N A R Y NOT F O R C O N S T R U C TI O N 0 SCALE IN FEET 25 50 100 N W S E CITY SUBMITTAL 2024-06-19 7 13ORONO, MINNESOTA MASS GRADINGEISINGER MEADOWS - MASS GRADINGGRADING PLAN - VIEW Awww.alliant-inc.com PROJECT TEAM DATA QA/QC CHECK DateBy CERTIFICATION Date License no.DATEDESCRIPTIONProject No.: Drafted By: Designed By: Sheet of MARK RAUSCH 43480 MPR BJP 4000330-00 I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Civil Engineer under the laws of the State of MINNESOTA. 7 13 LEGEND: SBH-25 115 WETLAND 2 (MANAGE 1) SBH-21 SBH-22 B-7 B-4 B-5 B-6 B-3 B-8 SBH-7.1 GS TP-5 GS TP-6 GS TP-7 GS TP-4 GS TP-3 GS TP-2 GS TP-1 U. S . H I G H W A Y N O . 1 2 992 990988986984982980978976974974 976 9 7 8 98 0 982 98498698 8 988988986984982978976980File Location: X:\4000330-00\001\40 Design\00 Sheets - Mass Grading\GRADING-MG.dwg Plotted By: Ben Palazzolo on June 19, 2024 at 12:15:21 PMKnow what's below. Call before you dig. R Dial 811 FOR R E VI E W O N L Y PRE LI MI N A R Y NOT F O R C O N S T R U C TI O N 0 SCALE IN FEET 25 50 100 N W S E CITY SUBMITTAL 2024-06-19 8 13ORONO, MINNESOTA MASS GRADINGEISINGER MEADOWS - MASS GRADINGGRADING PLAN - VIEW Bwww.alliant-inc.com PROJECT TEAM DATA QA/QC CHECK DateBy CERTIFICATION Date License no.DATEDESCRIPTIONProject No.: Drafted By: Designed By: Sheet of MARK RAUSCH 43480 MPR BJP 4000330-00 I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Civil Engineer under the laws of the State of MINNESOTA. 8 13 LEGEND: SBH-25 116 WAYZATA BLVD TELEPHONE CABLE POST U. S . H I G H W A Y N O . 1 2 WETLAND 2 (MANAGE 1) WETLAND 1 (MANAGE 2)File Location: X:\4000330-00\001\40 Design\00 Sheets - Mass Grading\WETLAND-MG.dwg Plotted By: Ben Palazzolo on June 19, 2024 at 12:15:30 PMKnow what's below. Call before you dig. R Dial 811 FOR R E VI E W O N L Y PRE LI MI N A R Y NOT F O R C O N S T R U C TI O N 0 SCALE IN FEET 40 80 160 N W S E CITY SUBMITTAL 2024-06-19 9 13ORONO, MINNESOTA MASS GRADINGEISINGER MEADOWS - MASS GRADINGWETLAND MANAGEMENT PLANwww.alliant-inc.com PROJECT TEAM DATA QA/QC CHECK DateBy CERTIFICATION Date License no.DATEDESCRIPTIONProject No.: Drafted By: Designed By: Sheet of MARK RAUSCH 43480 MPR BJP 4000330-00 I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Civil Engineer under the laws of the State of MINNESOTA. 9 13 WETLAND SUMMARY WETLAND BUFFER CALCULATION LEGEND: 117 WETLAND 2 (MANAGE 1) WETLAND 1 (MANAGE 2) WAYZATA BLVD TELEPHONE CABLE POST U. S . H I G H W A Y N O . 1 2 File Location: X:\4000330-00\001\40 Design\00 Sheets - Mass Grading\EROSION CONTROL-MG.dwg Plotted By: Ben Palazzolo on June 19, 2024 at 12:15:42 PMKnow what's below. Call before you dig. R Dial 811 FOR R E VI E W O N L Y PRE LI MI N A R Y NOT F O R C O N S T R U C TI O N 0 SCALE IN FEET 40 80 160 N W S E CITY SUBMITTAL 2024-06-19 10 13ORONO, MINNESOTA MASS GRADINGEISINGER MEADOWS - MASS GRADINGEROSION CONTROL PLANwww.alliant-inc.com PROJECT TEAM DATA QA/QC CHECK DateBy CERTIFICATION Date License no.DATEDESCRIPTIONProject No.: Drafted By: Designed By: Sheet of MARK RAUSCH 43480 MPR BJP 4000330-00 I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Civil Engineer under the laws of the State of MINNESOTA. 10 13 LEGEND: SWPPP BMP QUANTITIES (PER PLAN): EROSION CONTROL RESPONSIBLE PARTY: OWNER/DEVELOPER SWPPP INSPECTOR CONTRACTOR ACTIVE SWPPP LEGEND / SCHEDULE NOTE TO CONTRACTOR: CONSTRUCTION SEQUENCING: VICINITY MAP NOT TO SCALE SBH-25 118 File Location: X:\4000330-00\001\40 Design\00 Sheets - Mass Grading\EROSION CONTROL-MG.dwg Plotted By: Ben Palazzolo on June 19, 2024 at 12:15:43 PMFOR R E VI E W O N L Y PRE LI MI N A R Y NOT F O R C O N S T R U C TI O NCITY SUBMITTAL 2024-06-19 11 13ORONO, MINNESOTA MASS GRADINGEISINGER MEADOWS - MASS GRADINGEROSION CONTROL PLAN NOTES &DETAILSwww.alliant-inc.com PROJECT TEAM DATA QA/QC CHECK DateBy CERTIFICATION Date License no.DATEDESCRIPTIONProject No.: Drafted By: Designed By: Sheet of MARK RAUSCH 43480 MPR BJP 4000330-00 I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Civil Engineer under the laws of the State of MINNESOTA. 11 13 EROSION CONTROL SCHEDULE: PERMANENT COVER: EROSION CONTROL GENERAL NOTES: MANAGEMENT MEASURES: MAINTENANCE PROGRAM: POLLUTION PREVENTION EROSION AND SEDIMENT CONTROL · SEDIMENT CONTROL PRACTICES: DEWATERING: 119 JOHN GRONHOVD 59233 JG RJ I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Landscape Architect under the laws of the State of MINNESOTA.File Location: X:\4000330-00\001\40 Design\00 Sheets - Mass Grading\TREE - INV-MG.dwg Plotted By: Ben Palazzolo on June 19, 2024 at 12:15:46 PMFOR R E VI E W O N L Y PRE LI MI N A R Y NOT F O R C O N S T R U C TI O NCITY SUBMITTAL 2024-06-19 12 13ORONO, MINNESOTA MASS GRADINGEISINGER MEADOWS - MASS GRADINGTREE INVENTORYwww.alliant-inc.com PROJECT TEAM DATA QA/QC CHECK DateBy CERTIFICATION Date License no.DATEDESCRIPTIONProject No.: Drafted By: Designed By: Sheet of 4000330-00 JOHN GRONHOVD 59233 JG RJ I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Landscape Architect under the laws of the State of MINNESOTA. 12 13 120 WETLAND 2 (MANAGE 1) WETLAND 1 (MANAGE 2) WAYZATA BLVD TELEPHONE CABLE POST 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 4344 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 U. S . H I G H W A Y N O . 1 2 File Location: X:\4000330-00\001\40 Design\00 Sheets - Mass Grading\TREE - PRES-MG.dwg Plotted By: Ben Palazzolo on June 19, 2024 at 12:15:52 PMKnow what's below. Call before you dig. R Dial 811 FOR R E VI E W O N L Y PRE LI MI N A R Y NOT F O R C O N S T R U C TI O N 0 SCALE IN FEET 30 60 120 N CITY SUBMITTAL 2024-06-19 13 13ORONO, MINNESOTA MASS GRADINGEISINGER MEADOWS - MASS GRADINGTREE PRESERVATION PLAN4000330-00 JOHN GRONHOVD 59233 JG RJ I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Landscape Architect under the laws of the State of MINNESOTA. 13 13 www.alliant-inc.com PROJECT TEAM DATA QA/QC CHECK DateBy CERTIFICATION Date License no.DATEDESCRIPTIONProject No.: Drafted By: Designed By: Sheet of 121 BWSR NOD Form – November 12, 2019 1 Minnesota Wetland Conservation Act Notice of Decision Local Government Unit: Minnehaha Creek Watershed District County: Hennepin Applicant Name: Kelsey Thompson – Lake West Development LLC. Applicant Representative: Mary Clare McAleer - KES Project Name: W24-011 LGU Project No. (if any): W24-011 Date Complete Application Received by LGU: 4/26/24 Date of LGU Decision: 6/3/24 Date this Notice was Sent: 6/17/24 WCA Decision Type - check all that apply ☒ Wetland Boundary/Type ☐ Sequencing ☐ Replacement Plan ☐ Bank Plan (not credit purchase) ☐ No-Loss (8420.0415) ☐ Exemption (8420.0420) Part: ☐ A ☐ B ☐ C ☐ D ☐ E ☐ F ☐ G ☒ H Subpart: ☐ 2 ☐ 3 ☐ 4 ☐ 5 ☐ 6 ☐ 7 ☐ 8 ☐ 9 Replacement Plan Impacts (replacement plan decisions only) Total WCA Wetland Impact Area: Wetland Replacement Type: ☐ Project Specific Credits: ☐ Bank Credits: Bank Account Number(s): Technical Evaluation Panel Findings and Recommendations (attach if any) ☒ Approve ☐ Approve w/Conditions ☐ Deny ☐ No TEP Recommendation LGU Decision ☐ Approved with Conditions (specify below)1 ☒ Approved1 ☐ Denied List Conditions: Decision-Maker for this Application: ☒ Staff ☐ Governing Board/Council ☐ Other: Decision is valid for: ☒ 5 years (default) ☐ Other (specify): 1 Wetland Replacement Plan approval is not valid until BWSR confirms the withdrawal of any required wetland bank credits. For project- specific replacement a financial assurance per MN Rule 8420.0522, Subp. 9 and evidence that all required forms have been recorded on the title of the property on which the replacement wetland is located must be provided to the LGU for the approval to be valid. LGU Findings – Attach document(s) and/or insert narrative providing the basis for the LGU decision1. ☐ Attachment(s) (specify): ☒ Summary: Lake West Development, LLC. has applied for Boundary/Type approval/confirmation for the wetlands located on/at 3245 Wayzata Boulevard West in Orono. A wetland delineation was conducted by KES on 11/11/23. The delineation shows 2 wetlands within the 122 BWSR NOD Form – November 12, 2019 2 project area. Wetland 1 was identified as a Type 3, Circular 39 wetland, and wetland 2 was identified as a type 3/1 Circular 39 Wetland. MCWD, BWSR, and KES Staff reviewed the boundaries in the field on 6/3/24. MCWD and BWSR were in agreement with the wetland boundaries and types identified on site and shown in the delineation report. MCWD approves the wetland boundaries and types as shown in the delineation report. This decision is valid for five years. A future project located on this property may require a permit from the MCWD. 1 Findings must consider any TEP recommendations. Attached Project Documents ☐ Site Location Map ☐ Project Plan(s)/Descriptions/Reports (specify): Appeals of LGU Decisions If you wish to appeal this decision, you must provide a written request within 30 calendar days of the date you received the notice. All appeals must be submitted to the Board of Water and Soil Resources Executive Director along with a check payable to BWSR for $500 unless the LGU has adopted a local appeal process as identified below. The check must be sent by mail and the written request to appeal can be submitted by mail or e-mail. The appeal should include a copy of this notice, name and contact information of appellant(s) and their representatives (if applicable), a statement clarifying the intent to appeal and supporting information as to why the decision is in error. Send to: Appeals & Regulatory Compliance Coordinator Minnesota Board of Water & Soils Resources 520 Lafayette Road North St. Paul, MN 55155 travis.germundson@state.mn.us Does the LGU have a local appeal process applicable to this decision? ☐ Yes1 ☐ No 1If yes, all appeals must first be considered via the local appeals process. Local Appeals Submittal Requirements (LGU must describe how to appeal, submittal requirements, fees, etc. as applicable) Notice Distribution (include name) Required on all notices: ☒ SWCD TEP Member: Stacey Lijewski- stacey.lijewski@co.hennepin.mn.us ☒ BWSR TEP Member: jed.chesnut@state.mn.us ☐ LGU TEP Member (if different than LGU contact): ☒ DNR Representative: Wes.Saunders-pearce@state.mn.us ☐ Watershed District or Watershed Mgmt. Org.: ☒ Applicant: ☒ Agent/Consultant: Optional or As Applicable: ☐ Corps of Engineers: ☐ BWSR Wetland Mitigation Coordinator (required for bank plan applications only): 123 BWSR NOD Form – November 12, 2019 3 ☐ Members of the Public (notice only): ☐ Other: Signature: Date: 6/17/24 This notice and accompanying application materials may be sent electronically or by mail. The LGU may opt to send a summary of the application to members of the public upon request per 8420.0255, Subp. 3. 124 Hennepin County Locate & Notify Map 3245 Wayzata Blvd W 0 100 20050 Feet Date: 6/21/2024 Buffer Size:500 Map Comments: This data (i) is furnished 'AS IS' with no representation as to completeness or accuracy; (ii) is furnished with no warranty of any kind; and (iii) is notsuitable for legal, engineering or surveying purposes. Hennepin County shall not be liable for any damage, injury or loss resulting from this data. For more information, contact Hennepin County GIS Office 300 6th Street South, Minneapolis, MN 55487 / gis.info@hennepin.us 125 38 32-118-23 11 0001 BARBARA LUPIENT C/O LUPIENT AUTOMOTIVE GRP 7100 WAYZATA BLVD #200 GOLDEN VALLEY MN 55426 38 32-118-23 14 0001 LAKEWEST LLC 14525 HIGHWAY 7 #265 MINNEONKA MN 55345 38 32-118-23 14 0002 LAKEWEST LLC 14525 HIGHWAY 7 #265 MINNEONKA MN 55345 38 33-118-23 22 0001 BARBARA LUPIENT C/O LUPIENT AUTOMOTIVE GRP 7100 WAYZATA BLVD #200 GOLDEN VALLEY MN 55426 38 33-118-23 23 0002 KATHRYN DUMAS ROBERT DUMAS 3025 WAYZATA BLVD BOX 607 LONG LAKE MN 55356 126 Date: July 15, 2024 Item: 5.5 Presenter: Melanie Curtis, Planner Section: Public Hearings Title: #LA24-000036, Mark & Mary Enger, 2697 Casco Point Road, Hardcover Variance (Staff: Melanie Curtis) 1.MN§15.99 Application Deadline: The application was submitted and considered complete on June 19, 2024, the 60 day review period expires on August 18, 2024. 2.Background: The applicants built a new home in 2019. In 2020 they identified challenges in their driveway design and requested a hardcover variance. They were granted a variance (Resolution 7125, Exhibit G) to permit an additional 100 square feet of driveway hardcover for a paved turnaround. At this time they are requesting additional consideration to increase the size of the driveway turnaround from 10’ x 10’ to 12’ x 18’ (with a small flare) resulting in an additional 116 square feet of hardcover or 26.3% where 25.7% was approved. Please refer to the staff report attached as Exhibit A for a comprehensive analysis. 3.Staff Recommendation: Staff understands and appreciates the plight of the applicants, however, staff cannot recommend approval of the hardcover variance. 4.Planning Commission Action Requested: Staff recommends denial. However, if the Commission finds that the practical difficulties support granting an additional hardcover variance to accommodate the 216-square-foot turnaround, a recommendation for approval may be appropriate. AGENDA ITEM Exhibits Exhibit A - PC Staff Report Exhibit B - Application Exhibit C - Practical Difficulty Exhibit D - Site Plans Exhibit E - Site Photos Exhibit F - Hardcover Exhibit G - Resol 7125 Exhibit H - List and Map 127 Date Application Received: 06/19/2024 Date Application Considered as Complete: 06/19/2024 60-Day Review Period Expires: 08/18/2024 To: Chair Bollis and Planning Commission Members Adam Edwards, City Administrator From: Melanie Curtis, Planner mcc Date: 15 July 2024 Subject: #LA24-000036, Mark & Mary Enger, 2697 Casco Point Road Variance Public Hearing Background The applicants are the owners of the property. They built a new home in 2019. The new home project was designed to conform to the Tier 1, 25% hardcover limitation. After experiencing a winter in the home, the owners identified challenges in their driveway design. They requested and received a hardcover variance to permit an additional 100 square feet of driveway hardcover to allow a paved turnaround to ease maneuverability (Resolution No. 7125, Exhibit G). They are requesting additional consideration to increase the size of the driveway turnaround from 10’ x 10’ to 12’ x 18’ with a small flare which results in an additional 116 square feet of hardcover or 26.3% where 25.7% was approved. Practical Difficulties Analysis Applicant Submittal Information: The applicants have identified the same practical difficulties as the 2020 variance request including safety, the busy roadway, narrow driveway width, slope, and the location of the driveway easement supporting their variance. Additionally, they have provided supporting documentation regarding Practical Difficulties attached as Exhibit C, and should be asked for additional testimony regarding the application. Planning Staff Practical Difficulty Analysis: Regarding practical difficulty, Staff suggests that the practical difficulty with the driveway was resolved by the previously approved variance. Section 78-1288 + 78-1700 - Hardcover Calculations: Stormwater Overlay District Tier Total Area in Zone Allowed Hardcover Existing/Approved Hardcover (Resol. 7125) Proposed Hardcover Tier 1 20,509 s.f. 5,127 s.f. (25 %) 5,270 s.f. (25.7%) 5,386 s.f. (26.3%) Application Summary: The applicants request a hardcover variance to expand their driveway turnaround an additional 116 square feet resulting in 26.3% hardcover. Staff Recommendation: If the Planning Commission concludes a practical difficulty exists, a motion to approve would be appropriate. 128 FILE #LA23-000036 15 July 2024 Page 2 of 4 Applicable Regulations: Hardcover Variance (Sections 78-1288 and 78-1700) The applicants are requesting approval for 116 square feet of hardcover. As with the 2020 review, there are very few areas on the property where hardcover can be reduced or removed. The length of the driveway and the steepness of the road approach are challenging, however, the previous variance approval provided relief in allowing a turnaround area to be created. Section 78-1681. Driveways, in general. All driveways shall comply with the following minimum dimensional standards: 1. Driveways serving end loading garages shall maintain a width equivalent to the width of all overhead doors extending 15 feet out from the garage doors. 2. Driveways serving side loading garages shall provide a minimum turn around or back up depth of 20 feet, as measured from the garage door(s). 3. Minimum driveway taper ratio shall be 2:1. 4. Driveways shall be at least eight feet in width at the street or private road. 5. A turnaround shall be provided for a driveway with direct access to an arterial or collector roadway, or for a side load garage as determined necessary by the city planner. The minimum dimensions of the turnaround shall be eight feet in width by 12 feet in depth. 6. "Wheel strip" driveways are allowed, but the entire width of the driveway (from outside to outside of the strips) will be considered hardcover. 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. 2, 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 variance to increase the hardcover level by an additional 116 square feet is not in harmony with the purpose of the Ordinance. While the substandard lot has difficulties in its slope, small size and depth, and unique configuration, the owners were allowed to create a minimal 100-square-foot back-up apron to allow better maneuverability. This criterion is not met. 2. The variance is consistent with the comprehensive plan. The previously granted hardcover variance allowed the creation of a minimal turnaround addressing the owners’ safety concerns. The City code requires a 12’ x 8’ turnaround on residential driveways accessing an arterial or collector roadway. The applicants’ request for a 12’ x 18’ turnaround is inconsistent with the comprehensive plan. This criterion is not met. 129 FILE #LA23-000036 15 July 2024 Page 3 of 4 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The variance request to allow further expansion of the driveway hardcover is not reasonable and is not supported by practical difficulties. This criterion is not met. b. There are circumstances unique to the property not created by the landowner; The shared driveway access, length and narrowness of the property, and the lot’s topography were not the result of actions by the owners. However, the driveway design should have been evaluated in 2019 when the property was redeveloped. The 2020 variance provided relief to a somewhat self-created difficulty. Further requests to incrementally expand the driveway hardcover are not supported by practical difficulty; and c. The variance will not alter the essential character of the locality. It is staff’s opinion that the current request to increase the size of the turnaround area by 120 square feet, which is larger than a required turnaround on properties abutting collector or arterial roadways, will alter the essential character. 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. 2, when in harmony with Orono City Code Chapter 78. This condition is not applicable. 6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located. A residential driveway is an allowed use in the LR-1C District. 7. The board or council may permit as a variance the temporary use of a one-family dwelling as a two- family dwelling. This condition is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The sloped topography, lot width and depth, and shared driveway situation are particular to this property. Any difficulties caused by these factors should have been alleviated by the 2020 variance approval. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The street adjacent to this lot is elevated substantially higher than the house. The slope conditions and orientation of the access to Casco Point Road do not generally apply to the other properties in the LR-1C district. However, the applicants’ proposed turnaround area is significantly larger than the required turnarounds on properties accessing the higher-trafficked collector roads. This criterion is not met. 130 FILE #LA23-000036 15 July 2024 Page 4 of 4 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The owners have stated that granting the hardcover variance is necessary for the preservation of their property rights. 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 a hardcover variance to allow for a safer driveway in this situation is not contrary to the intent of the zoning chapter. However, the solution requested is not proportionate to the difficulty. 12. The granting of such variance will not merely serve as a convenience to the applicant but is necessary to alleviate demonstrable difficulty. The requested increase in the turnaround area exceeds the minimal amount necessary to alleviate the identified practical difficulties which should have been satisfied by the 2020 variance. A larger driveway configuration would serve as a convenience, not a necessity, for the owners. This criterion is not met. The Commission may recommend or the 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 There have been no comments from the public on this application. 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. Do the unique characteristics of the property warrant a driveway turnaround exceeding the size of a required turnaround for a property on a busy highway and county road by 116 square feet? 3. Does the Planning Commission find that the larger driveway turnaround area, if granted, will not alter the essential character of the neighborhood? 4. Does the Commission find it necessary to impose conditions to mitigate the impacts created by the granting of the requested variance? 5. Are there any other issues or concerns with this application? Planning Staff Recommendation While understanding and appreciating the plight of the applicant, the Planning staff cannot recommend approval of the variance. Staff encourages the Commissioners to visit this property. The previously approved variance allowing the 10’ x 10’ turnaround should have alleviated the difficulties identified by the applicants. If the Commission finds that the practical difficulties support granting an additional hardcover variance to accommodate the 216-square-foot turnaround, a recommendation for approval may be appropriate. 131 Land Use Application Summary Application Date:06/19/2024 Address:2697 Casco Point Road Orono, MN 55391 Parcel Number:2011723230004 Land Use Number:LA24-000036 Application Submitted By:Property Owner Owner:Name: MARY C ENGER & MARK M ENGER Address: 2875 GULF SHORE BLVD N B-302 Applicant:Name: Mark Enger Company: Address: 2697 Casco Point Road Orono, MN 55391 Markenger2@gmail.com Contact Information:Associated Contact: Associated Contact: Associated Contact: Associated Contact: Project Description:Hardcover Variance Land Use Application Type:Amendmend Application Appeal of Admin Decision Concept Application Conditional Use Permit Site Plan Application Subdivision Application Subdivision Exception Vacation Application Variance Application Applicant Signature: 132 PRACTICAL DIFFICULTIES DOCUMENTATION FORM LA20-000058 1. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter. Response: By this variance request, we are asking to be allowed to provide a minimally normal access functionality to our property. With one of our primary considerations being the safety of those attempting to have vehicle access to our property• To accomplish this we are asking for the addition of a hardcover area that would reasonably accommodate a turnaround option for vehicles exiting the property. The reason being that the current minimum standard driveway does not provide for this and poses multiple safety and practicality issues. One of those issues is that of requiring vehicles to exit in reverse back up mode, going up a steep curved, narrow driveway directly onto the very busy Casco Point Road. Further oomplicating the exit is at the point of road entry there are blind spots created by the curvature of the road and adjacent property trees and foliage. There are additional negative impacts on the property created by the lack of a turnaround space, which are identified in this application. 2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. Response: The 100 year old lot is narrow, long and fairly steep with the house set in the lower flat valley point of the lot The main road is accessible via a long narrow, curved driveway. The driveway is such in order to oomply with the current hardoover requirements. The driveway utilizes almost as much hardcover as the house as noted in the hardcover calculation worksheet. The historical hardcover requirements were based on a tiered system which included criteria that took into account the length of the lot. This obsolete system was designed to accommodate and thus prevent the hardoover hardship that we have incurred by such a lot as ours. The functionality of the lot is severely compromised under the current hardcover requirements, as a major portion of all the hardcover must be used solely for driveway access to the main road due to the length of the lot. 3. The variance, if granted, will not alter the essential character of the locality. Response: If granted, the variance request would resolve the issues identified but would not change in any way the character of the locality. 4. Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter. Response: Not applicable 5. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy ;;ystems. Variances shall be granted for earth-sheltered construction as defined in Minnesota Statutes, Section 116J.06, Subd. 2, when in harmony with this Chapter. Response: The lack of a hardcover turnaround presents another burden in terms of snow removal. The most effective and available means for snow removal for a driveway the length of ours is to use a plow service. However, we have been unable to find a plow service that could/would do the work because of the maneuverability constraints on the driveway. We are retirement age, and given the long length of the driveway leaves us in a quandary as to how we would be able to age in place in our home or be able to exit our home in the winter months without the requested turnaround area. We also have concern, that should we or anyone in our home, require an emergency response, would those responders be able to quickly and expeditiously exit the property. The maneuverability_ difficulties incurred by those who use the driveway, has also caused tree loss and landscape damage as seen m �e pictures included in this application. The feedback from visitors who have experienced the many hardships related to our driveway say they do not to come back or use it again. 6. The Board of A_ppeals 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. 133 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. Response: The driveway required on our type and size of lot does present some unique conditions as it is or may be proportionately the longest driveway in the area. The neighbor to the south does have a comparable lot configuration which indudes a long driveway. This neighbor does have a hardcover turnaround similar to what we are requesting. The many issues we are encountering because of the lack of a turnaround were alleviated for the neighbor with a hardcover turnaround. 9. The conditions do not apply generally to other land or structures in the district in which said land is located. Response: Not applicable 10. The granting of the application is necessary for the preservation and enjoyment of a substantial propertyright of the applicant. Response: The current driveway limitations, ongoing and seasonal, do not allow for safe, reasonable use of the property. Granting the requested variance, is the minimum means to make the property functional. The current conditions are definitely stressful, anxiety producing and can cause damage. The request we are making is unrelated to any level of enjoyment but rather would make the property safe, useable and livable. 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 granting of the request will not in any way impair health, safety or comfort, on the contrary, it is being requested for the purpose of improving safety and increasing the comfort and ease in which the property can be utilized. It may also be considered, that the variance approval, by mitigating some of the issues identified in the application, would contribute to the well being of all those who visit the property. The impact is a positive one. 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 burdens and difficulties caused by the lack of a hardcover turnaround presented in this application, represent a true hardship to the property owners. The current conditions do not allow for the safe, reasonable use of the property. Not all who enter the property have the driving skills to navigate and accomplish a reverse exit from the property. Even those able to maneuver a reverse exit still have to enter a very busy road with double blind spots. The practical difficulties that arise are beyond inconvenience, they leave the property at times inaccessible and in a dangerous condition. Alternatives such as street parking are fraught with additional safety and access concerns. Given the age and mobility concerns of many of our visitors, a turnaround is the best option for suitable entry and exit access to our property. We invite all to visit the property to see and experience first hand the concerns we have presented in this application. We respectfully request that our variance application for a hardcover turnaround be approved to provide for the safety, basic functionality and prevention of damage to our property. 134 135 136 137 138 Shared Driveway/Easement 139 140 141 142 PC Exhibit F Existing 143 Proposed 144 11111 III I IN II 1111 II LAND TYPE Torrens (T) DOC NUM 5772983 Certified, filed and/or recorded on Nov 23, 2020 1:49 PM Office of the Registrar of Titles Hennepin County, Minnesota Martin McCormick, Registrar of Titles Mark Chapin, County Auditor and Treasurer Deputy 122 Pkg ID 2116100E Document Recording Fee 46.00 Document Total 46.00 Existing Certs 1430316 This cover sheet is now a permanent part of the recorded document. Resolution 7125 145 O* PE- A/-p CITY OF ORONO RESOLUTION OF T CITY COUNCIL y NO. 7 J2 G IcEsHO A RESOLUTION APPROVING A VARIANCE FROM MUNICIPAL ZONING CODE SECTIONS 78-1288; 78-1680; and 78-1700 FILE NO. LA20-000058 WHEREAS, on August 19, 2020, Mark Enger and Mary Enger("Applicants"), applied for a variance from the City Code for the property addressed 2697 Casco Point Road and legally described as: Lot 4, Auditors Subdivision 265, Hennepin County, Minnesota, (hereinafter the Property"); WHEREAS, the Applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Sections 78-1288 and 78-1700 to allow 25.7% hardcover where 25% is the maximum allowed in conjunction with the installation of a 10'x10' driveway backup apron and 43 square feet of unaccounted for hardcover; and WHEREAS, on September 21, 2020, after published and mailed notice in accordance with Minnesota Statutes and the City Code, the Planning Commission held a public hearing, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, on September 21, 2020, the Planning Commission recommended approval of the variance; and WHEREAS, on October 12, 2020, the City Council reviewed the application and the recommendations of the Planning Commission and City staff; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves the requested variance as described above based on one or more of the following findings of fact concerning the Property: 1 146 iOAtp CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7125 ikESH0v-0 FINDINGS OF FACT: 1. This application was reviewed as Zoning File #LA20-000058. The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the above mentioned meetings, and any and all other materials distributed at these meetings are hereby incorporated by reference. 2. The Property is located in the LR-1C One Family Lakeshore Residential Zoning District. 3. The Property contains 20,509 square feet, 0.47 acres in area and has a defined lot width of 60 feet. 4. The Property is within Tier 1 and hardcover is limited to 25% according to the Stormwater Quality Overlay District. 5. Applicant has applied for the following: a. Hardcover Variance 6. In considering this application for variance, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. ANALYSIS: 1. "Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance . . . ." The proposed variance is in harmony with the purpose of the Ordinance. The substandard lot has difficulties in its slope, small size and depth, and unique configuration with the driveway easement and Casco Point Road. 2. "Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan." The hardcover variance is requested to alleviate a difficulty on the Property relating to the slope, narrowness of the lot, and depth of the lot, and the Owners' safety concern relating to the challenging driveway configuration which is not inconsistent with the comprehensive plan. 3. "Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. `Practical difficulties,' as used in connection with the granting of a variance, means that: 2 147 p CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7 1 2 5 lkESHO a. The property owner in question proposes to use the property in a reasonable manner, however, the proposed use is not permitted by the official controls. The variance request to allow expansion of the driveway hardcover may be reasonable and may be supported by the practical difficulties found in the restricted maneuverability which results from the narrow width and orientation on the Property in addition to the steep access to the elevated, highly trafficked roadway is not unreasonable. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. A number of the difficult characteristics of the Property were not created by the owners: depth and narrowness of the lot; shared driveway access to the busy roadway; and topography. c. The variance, if granted, will not alter the essential character of the locality." The minimal hardcover variance is requested to provide better maneuverability on the driveway and it will not alter the essential character. 4. "Economic considerations alone do not constitute practical difficulties." Economic considerations have not been a factor in the variance analysis. 5. "Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter 78."This condition is not applicable. 6. "The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located." This condition is not applicable, as a driveway serving a residence is an allowed use in the LR-1C District. 7. "The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling."This condition is not applicable. 8. "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." The sloped topography, lot width and depth, and shared driveway situation are particular to this property. 3 148 BOAT CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7125 kESHOv- 9. "The conditions do not apply generally to other land or structures in the district in which the land is located."The street adjacent to this lot is at a substantially higher elevation than the home. The slope conditions and orientation of the access to the busy roadway do not generally apply to the other properties in the LR-1 C district. 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant."The owners indicate that granting the hardcover variance is necessary for safe egress from the Property which preserves their property right. 11. "The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter."Granting a hardcover variance to allow for a safer driveway in this situation is not contrary to the intent of the zoning chapter. 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty." The practical difficulties inherent to the lot's topography, narrowness and depth, and limited shared driveway access to the high traffic roadway support the variance. The granting of the variance would alleviate safety concerns for the owners, rather than convenience. This criterion is met. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-1288 and 78-1700 to allow 25.7% hardcover where 25% is the maximum allowed, subject to the following conditions: 1. Council approval is based on the entire record, above Findings. 2. The approved project shall conform to the annotated as-built survey dated 06/19/2019 submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibit A. 3. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. 4. Authorities granted by this resolution run with the Property not with the Applicants, but are permissive only and must be exercised by obtaining a zoning permit for the new driveway paving and commencing construction of said project. The paving must be completed within one year of the date of Council approval, or the variance will expire on that date October 12, 2021). 4 149 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL ti NO. 7125 es`, kESHO- 5. Violation of or non-compliance with any of the terms and conditions of this resolution may result in the termination of any authority granted herein. ADOPTED by the Orono City Council on this 12'h day of October, 2020. ATTEST: CITY OF ORONO: i i A nna Carlson, City Clerk Dennis Walsh, Mayor 5 150 e r s , E " z`o y e w N v - 3 m 0^ E a cT 8 m V t) t+l Vl b H g s $.g., g F g m ' 2010 QbO z CEJ o = m r sot9p'P 1N/0ddu1111ss111mBZ,o s,a 0 , bJW9B6 N• U Z W r I 9s-.\ web n" H. m x, TT li CB FN NNN N-°;N K 7 O9- 0 r c1'tl 9b6 INN ii n .v- oo maoc / II l + IIII III II II IF u:° €y yfu °y: m .. '-..: V ar / k`- g ' oNv, F,-tU-.5tv a aw a z2ii, lS3W mo Coo i e iN\ry m `_ b6--_ o b,c m mm / 2/ 19301/ A o I\\ Ems^ i - 'd.n . I 1 I /° m q 0b2\ y'/ t..,3„, A l) V° m m io\ \' m ;,y / g ----\ m / 6-- 1 i m m wv e r9 m i. sO m I Gi oN 0, I/ Q m Q CN I\/ mT mE. U SF/ e m _ /m iO% i - UC m 7,q C s., 00, f 5 a > / O p p i' / N m Jos i 4 rs i.Q i _ f-11-E 1.7: v) 0 Atr;;Kite-;';''-. . /',i i!,,' iZvi ,,.4 _ `- 11,:r.,:641,4„:„,„,.,40-44- 17z:,,, d i), lgrE W tloit.ti C Q 3 _s r ., 0s$ cd 1v e40 1 g -Q3 a z v Q9'6'? d3'qE - e w m3z g u F.g. _oh e, 151 38 20-117-23 23 0001 GERALD ERICKSON SANDRA ERICKSON PO BOX 584 WAYZATA MN 55391 38 20-117-23 23 0002 ROBERT E BREON JULIE C BRANDSMA 2691 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 23 0003 BRYANT SLOSS KIMLOAN NGUYEN SLOSS 2695 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 23 0004 MARY C ENGER & MARK M ENGER 2697 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 23 0005 SHIRLEY A JUNGELS THOMAS J JUNGELS 7730 LOCHMERE TER EDINA MN 55439 38 20-117-23 23 0006 JOANN SUE GINKEL 2745 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 23 0007 MICHAEL G BASKFIELD SHARON J BASKFIELD 2755 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 23 0009 CITY OF ORONO P O BOX 66 CRYSTAL BAY MN 55323 38 20-117-23 23 0010 CITY OF ORONO P O BOX 66 CRYSTAL BAY MN 55323 38 20-117-23 23 0011 CITY OF ORONO P O BOX 66 CRYSTAL BAY MN 55323 38 20-117-23 23 0012 STEVEN M HARTMAN HEIDI L HARTMAN 2776 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 23 0016 JOY A GRUNDEEN 2797 CASCO PT RD WAYZATA MN 55391 38 20-117-23 23 0017 MICHAEL MCANALLY STEFANIE MCANALLY 2795 CASCO PT RD ORONO MN 55391 38 20-117-23 23 0018 REED L LARSON 2773 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 23 0019 RICHARD A PUTNAM JANET L PUTNAM 2765 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 23 0020 ZHIHUA LIU & YING LIU 2677 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 23 0021 DAVID D GUTERMUTH LYNN J GUTERMUTH 2665 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 23 0022 ATRION FAIOLA & LISA FAIOLA 2659 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 24 0001 DAVID L RUNKLE 2684 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 24 0002 TODD M KIMMES 2660 CASCO PT RD WAYZATA MN 55391 38 20-117-23 24 0003 DAVID L RUNKLE 2684 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 24 0004 DAVID L RUNKLE 2684 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 24 0010 LANCE L & RHODA L VICKNAIR 2740 ETHEL AVE WAYZATA MN 55391 38 20-117-23 24 0013 BARBARA S O'REILLY 2700 ETHEL AVE ORONO MN 55391 38 20-117-23 24 0014 LAWRENCE D PILLAR 6827 CARDINAL COVE DR MOUND MN 55364 38 20-117-23 24 0015 TING FANG LIN 2725 ETHEL AVE WAYZATA MN 55391 38 20-117-23 24 0016 RYAN C GATES/MELISSA N LYON 2745 ETHEL AVE WAYZATA MN 55391 38 20-117-23 24 0017 KENNETH R SADDLER SHERALYN K SADDLER 2755 ETHEL AVE WAYZATA MN 55391 38 20-117-23 24 0018 DONNA L LILE 2765 ETHEL AVE WAYZATA MN 55391 38 20-117-23 24 0019 JUSTIN J HOLMERS MICHELLE N HOFFMAN 3800 CASCO AVE WAYZATA MN 55391 152 38 20-117-23 24 0020 JEFFREY A SCHUTT PIA E SCHUTT 2750 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 24 0021 JEFFREY LOEHMANN SARA JOHNSON 2710 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 24 0022 BREON IRREVOCABLE GRANTOR TR 2901 ROSEDALE AVE DALLAS TX 75205 38 20-117-23 24 0029 DUSTIN J KINDL CASIE L KINDL 2649 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 24 0030 TIM HANSON 1270 ARBOR ST WAYZATA MN 55391 38 20-117-23 24 0039 JEANNE KOBS & MICHAEL KOBS 2648 CASCO PT RD WAYZATA MN 55391 38 20-117-23 24 0040 CATHERINE R & JOEL W SHOOP 2720 ETHEL AVE WAYZATA MN 55391 38 20-117-23 24 0044 JANET C KAUFFMANN 2696 ETHEL AVE WAYZATA MN 55391 38 20-117-23 24 0045 MARC COHEN 2697 ETHEL AVE WAYZATA MN 55391 38 20-117-23 24 0046 JOHN K CADLE/LESLIE G CADLE 2691 ETHEL AVE WAYZATA MN 55391 38 20-117-23 31 0011 DEAN V GREIMANN 3779 CASCO AVE WAYZATA MN 55391 38 20-117-23 31 0066 DEAN V GREIMANN 3779 CASCO AVE WAYZATA MN 55391 38 20-117-23 31 0071 MARTI LYNN STEVEN ROBERT GOUDY 3750 CASCO AVE WAYZATA MN 55391 38 20-117-23 32 0016 SHANE M WELTZIN ELIZABETH H HABERMAN 2800 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 32 0017 TAMMY L WOODIS MARC BRICKMAN 2818 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 32 0018 COLBY G HAWLEY JENNA M HAWLEY 2794 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 32 0021 BRIAN SWANSON SAMANTHA ERIN SIMON 3799 CASCO AVE WAYZATA MN 55391 153 Hennepin County Locate & Notify Map 2697 Casco Pt Rd 0 100 20050 Feet Date: 6/21/2024 Buffer Size:500 Map Comments: This data (i) is furnished 'AS IS' with no representation as to completeness or accuracy; (ii) is furnished with no warranty of any kind; and (iii) is notsuitable for legal, engineering or surveying purposes. Hennepin County shall not be liable for any damage, injury or loss resulting from this data. For more information, contact Hennepin County GIS Office 300 6th Street South, Minneapolis, MN 55487 / gis.info@hennepin.us 154 Date: July 15, 2024 Item: 5.6 Presenter: Melanie Curtis, Planner Section: Public Hearings Title: #LA24-000037, Mark Ferry & Elizabeth Flynn Ferry, 3545 Ivy Place, ALS Variance (Staff: Melanie Curtis) 1.Purpose: The purpose of this request is to consider approval of an average lakeshore setback variance for a new home. 2.MN§15.99 Application Deadline: The application was received and considered to be complete on June 19, 2024. The 60 day review period ends on August 18, 2024. 3.Background: The applicants are the new owners of the subject property which is situated near the north end of Ivy Place. The neighboring property has a flag-like configuration and the home is located entirely behind the applicants’ property. An average lakeshore setback variance is requested to construct a new home on the property. Refer to the Staff Report attached as Exhibit A for a full review and analysis. 4.Public Comment: The applicants have submitted acknowledgment forms from neighbors (Exhibit K) no public comments have been received. 5.Staff Recommendation: Staff recommends approval. 6.Planning Commission Action Requested: Planning Commission should consider a motion to approve the average lakeshore setback variance as applied. AGENDA ITEM Exhibits Exhibit A - PC Staff Report Exhibit B - Application & Narrative Exhibit C - Practical Difficulty Exhibit D - Existing Conditions Survey Exhibit E - Proposed Survey Exhibit F - Utility Easements Exhibit G - Footprint Overlay Exhibit H - Plans Exhibit I - Aerial Photos Exhibit J - Hardcover Calcs Exhibit K - Map, List, Acknowledgments 155 Date Application Received: 06/19/2024 Date Application Considered as Complete: 06/19/2024 60-Day Review Period Expires: 08/18/2024 To: Chair Bollis and Planning Commission Members Adam Edwards, City Administrator From: Melanie Curtis, Planner mcc Date: 15 July 2024 Subject: #LA24-000037, Mark Ferry & Elizabeth Flynn Ferry, 3545 Ivy Place Average Lakeshore Setback Variance Public Hearing Background The applicants are the new owners of the subject property which is situated near the north end of Ivy Place. The property’s lakeshore faces the cove. The neighboring property at 3535 Ivy Place has a flag-like configuration which wraps around the subject property; the home is located entirely behind the applicants’ property. An average lakeshore setback variance is required to redevelop the property. Practical Difficulties Analysis Applicant Submittal Information: The applicant has identified the lot orientation and the location of the neighbor’s home as practical difficulties supporting the requested variance. Additionally, they have provided supporting documentation regarding Practical Difficulties attached as Exhibit C, and should be asked for additional testimony regarding the application. Planning Staff Practical Difficulty Analysis: Regarding practical difficulty, Staff finds there are several impediments to developing the property including existing utility easements crossing over the property, the unique orientation of the subject and neighboring properties as well as the irregular shape of the neighbor’s lot which eliminate the buildable area on the subject property. LOT ANALYSIS Section 78-350; 78-1279 – Setbacks: LR-1C DISTRICT Required Existing Proposed Rear 30’ 48.8’ 49.8’ Side Street 15’ 17.6’ 15’ Side 10’ 73.5’ 80’ Lakeshore 75’ 79.8’ 77.6’ Average Lakeshore The subject property is entirely lakeward of the average lakeshore setback. Application Summary: The applicants are requesting an average lakeshore setback variance to construct a new home on the property. Staff Recommendation: Planning Department Staff recommends approval. 156 FILE # LA24-000037 15 July 2024 Page 2 of 4 Section 78-350 – Lot Area/Width: LR-1C DISTRICT Lot Area Lot Width Required 21,780 s.f. (0.5 acres) 100’ Actual 40,840 s.f. (0.93 acre) 245’@ 75’ / 270 @ OHWL Section 78-1403 – Structural Building Coverage: Total Lot Area Total Structural Coverage 40,840 s.f. (0.93 acre) Allowed: 8,168 s.f. (20%) Existing: 3,307 s.f. (8%) Proposed: 3,970 s.f. (9.7%) Section 78-1680 and 78-1700 – Hardcover Calculations: Stormwater Overlay District Tier Total Area in Zone Allowed Hardcover Existing Hardcover Proposed Hardcover Tier 1 40,840 s.f. 10,210 s.f. (25 %) 6,968 s.f. (17.1%) 463 s.f. w/in 75’ 7,341 s.f. (18%) 451 s.f. w/in 75’ Applicable Regulations: Average Lakeshore Setback Variance (Section78-1279) The purpose of the average lakeshore setback requirement is to protect and preserve views of the lake over a subject property from the neighboring homes. Application of the average lakeshore setback results in no buildable area on this property. The proposed home will offer approximately 20 additional feet of lake-view area compared to the existing (see the overlay, Exhibit G). There is an existing nonconforming shed located 32.6 feet from the OHWL of the lake and entirely within the 100-year floodplain. The applicants are proposing to keep the shed; it cannot be replaced or substantially improved according to the City’s floodplain regulation (Sec. 78-1149). Governing Regulation: Variance (Section 78-123) In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. §216C.06, subd. 14, when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. According to MN §462.357 Subd. 6(2) variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance. The Property includes difficulties in its topography, the utility easement encroachments, and the orientation of the adjacent property and home. The average lakeshore setback variance will not further impact views of the lake 157 FILE # LA24-000037 15 July 2024 Page 3 of 4 for the affected adjacent property. According to the plan, the view to the lake will be improved on the west side. This criterion is met. 2. The variance is consistent with the comprehensive plan. The proposed variance to build a new home on the Property is consistent with the comprehensive plan. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The request to permit a new home in the proposed location within the average lakeshore setback appears to be reasonable considering the orientation of the neighboring home and lot shape, utility easements, and topography. The new home will improve the view of the lake for the neighbor compared to the existing condition. b. There are circumstances unique to the property not created by the landowner; The shape and orientation of the neighbor’s property and the location of the neighbor’s home result in no legal building envelope. The new home shape and location will offer an improved view of the lake for the affected neighbor. The circumstances are unique to the Property; and c. The variance will not alter the essential character of the locality. The variance is requested to permit the construction of a new home in a similar location that will not adversely impact the character of the neighborhood. Additionally, City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination. 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 17, when in harmony with Orono City Code Chapter 78. This condition is not applicable. 6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located. This condition is not applicable, as a single-family home is an allowed use in the LR-1C District. 7. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. This condition is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The property’s unique orientation to the lakeshore and the adjacent homes creates difficulties for the Owners in improving the property consistent with the homes in their neighborhood. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The property’s unique shape and the extreme setback of the adjacent home on the “flag lot” create difficulties for the owners. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Granting the average lakeshore setback variance is necessary for the preservation of the property rights of the owners. 158 FILE # LA24-000037 15 July 2024 Page 4 of 4 11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. Granting the requested variance in this unique situation is not contrary to the intent of the zoning chapter. 12. The granting of such variance will not merely serve as a convenience to the applicant but is necessary to alleviate demonstrable difficulty. The requested variance is necessary and does not merely serve as a convenience to the Applicants. 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 applicants have submitted acknowledgment forms from neighbors (Exhibit K) 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 to mitigate the impacts created by the granting of the requested variance(s)? 4. Are there any other issues or concerns with this application? Planning Staff Recommendation Planning Staff recommends approval of the average lakeshore setback as applied. 159 Land Use Application Summary Application Date:06/19/2024 Address:3545 Ivy PL Orono, MN 55391 Parcel Number:2011723420034 Land Use Number:LA24-000037 Application Submitted By:Property Owner Owner:Name: ELIZABETH FLYNN FERRY & MARK J FERRY Address: - Elizabeth Flynn-Ferry Applicant:Name: Elizabeth Flynn-Ferry Company: Address: 154 Babcock Lane Wayzata, MN 55931 bethflynnferry@gmail.com Contact Information:Associated Contact: James Napier jnapier@egrud.com Associated Contact: Bruce Lehrer astrigal@gmail.com Associated Contact: Scott Koppengrayer scott@ldkhomes.com Associated Contact: Project Description:Average Lakeshore Setback Variance - New Home Land Use Application Type:Amendmend Application Appeal of Admin Decision Concept Application Conditional Use Permit Site Plan Application Subdivision Application Subdivision Exception Vacation Application Variance Application Applicant Signature: 160 3545 Ivy Lane Narrative Average Lakeshore Setback Variance Request 6/19/2024 To Orono City Staff, Planning Commission and City Council: We have recently purchased the property at 3545 Ivy Place and would like to redevelop this special lot with a new single-family home. As we have begun the planning, we’ve learned that although there is currently a similar home on the property, we will need an Average Lakeshore Setback (ALS) variance to redevelop there. Currently, the ALS would not allow the current or a new home to be built without a variance. This property is located at the end of Ivy Place and has only one adjacent neighbor. That neighbor’s home is behind this one but has some land that extends to the side of this property, providing lakeshore access which is why a variance is needed. The proposed home meets all other requirements and is aligned to the Orono Comprehensive Plan. Similar to the current structure, this will be a walkout rambler to not increase massing, set-back beyond 75 feet from the shore, with an impervious surface of 18% (below the 25% maximum), with a height under 22’. The placement of the new home is very similar to the current structure, does not cause any new obstacles for the adjacent neighbor, and improves the sight lines. The styling of the home is also similar to others in the neighborhood. We’ve been searching for the right lakeshore property for over 5 years and are so excited to have the opportunity to redevelop this special lot on Casco Point. We respectfully request that the ALS variance be granted so we can start the building process. Thank you, Beth Flynn-Ferry and Mark Ferry Owners, 3545 Ivy Place 161 PRACTICAL DIFFICULTIES DOCUMENTATION FORM LA24-000037 1. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter. Response: The property owner is requesting to redevelop the property by building a new single- family home of similar size, setback and hardcover as the current home. 2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. Response: This property is located on Casco Cove which has a curved shoreline. There is one adjacent neighbor whose home is behind the proposed redeveloped home but has a small piece of land that gives them lake access, which creates the need for the average lakeshore variance. The redeveloped home will not present any new obstructions for the adjacent neighbor. 3. The variance, if granted, will not alter the essential character of the locality. Response: The redeveloped single family home will be similar to others in the neighborhood so will not alter the character of the locality. 4. Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter. Response: 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: The property is located on Casco Cove which has a curved shoreline. The existing home is in a non-conforming location due to one adjacent neighbor’s home which is located behind the property that has a small piece of land next to the property that allows them lakeshore access. The 162 proposed plan does not provide any additional obstructions. 9. The conditions do not apply generally to other land or structures in the district in which said land is located. Response: N/A 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Response: If the variance is not granted, the property would not be redevelopable for the applicant or any future applicants. 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 redevelopment is similar in square footage, height, setback, and hardcover as the current dwelling and will not impair health, safety, comfort, morals or be contrary in any other way to the intent of the Zoning Code. 12. The granting of such variance will not merely serve as a convenience to the applicant but is necessary to alleviate demonstrable difficulty. Response: The variance would allow for the redevelopment of a single-family home on a similar footprint and scale as the existing home, while improving sight lines for the adjacent neighbor 163 164 165 166 = Exising Home Building Pad EExising g 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 Hennepin County Locate & Notify Map 3545 Ivy Place 0 100 20050 Feet Date: 6/21/2024 Buffer Size:500 Map Comments: This data (i) is furnished 'AS IS' with no representation as to completeness or accuracy; (ii) is furnished with no warranty of any kind; and (iii) is notsuitable for legal, engineering or surveying purposes. Hennepin County shall not be liable for any damage, injury or loss resulting from this data. For more information, contact Hennepin County GIS Office 300 6th Street South, Minneapolis, MN 55487 / gis.info@hennepin.us 182 38 20-117-23 31 0031 BENJAMIN M MAYER MEGHAN J HERMANN 2914 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 31 0032 MARY STEPHANIE POWELL 2916 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 31 0033 DENISE B DAU JAMES N DAU III 2920 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 31 0034 JONATHAN A MENTH 2930 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 31 0035 ROBERT G SORENSEN STACI D SORENSEN 2940 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 31 0036 PAUL F JOHNCOX 2948 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 31 0038 ED PEKARIK JR 2990 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 31 0060 JERRY & BONNIE MARTINSON 2970 CASCO POINT RD S WAYZATA MN 55391 38 20-117-23 31 0061 JONATHAN R & AMY R MILLER 2980 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 34 0025 JAMIE GRANT 3020 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 34 0026 JOEL CARLSON 3026 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 42 0005 CITY OF ORONO PO BOX 66 CRYSTAL BAY MN 55323 38 20-117-23 42 0006 HENNEPIN FORFEITED LAND NOT FOR SALE/UNDER WATER IN LAKE MTKA 38 20-117-23 42 0016 WILLIAM S DAMPIER CLAUDIA DAMPIER 3550 IVY PL ORONO MN 55391 38 20-117-23 42 0017 DEBORAH DIBIAS TRUST 16821 ENCLAVE CIR EDEN PRAIRIE MN 55347 38 20-117-23 42 0018 JEFFREY R LARSON HEATHER L MIDJE LARSON 3546 IVY PL WAYZATA MN 55391 38 20-117-23 42 0019 MICHAEL JOSEPH DREHER 3534 IVY PL WAYZATA MN 55391 38 20-117-23 42 0022 JAMES M & SHERRY D WHITE 3516 IVY PL WAYZATA MN 55391 38 20-117-23 42 0027 JAMES C WHITE TERA R WHITE 3560 IVY PL WAYZATA MN 55391 38 20-117-23 42 0029 ZEBADIAH STROUT MOLLY STROUT 3525 IVY PL WAYZATA MN 55391 38 20-117-23 42 0031 DAVID S OWEN KAY J OWEN 3486 IVY PL WAYZATA MN 55391 38 20-117-23 42 0033 JONATHAN P PAUL 3532 IVY PL WAYZATA MN 55391 38 20-117-23 42 0034 ELIZABETH FLYNN FERRY MARK J FERRY 154 BABCOCK LA WAYZATA MN 55391 38 20-117-23 42 0035 SAMSON CYRIL DRENTLAW 3535 IVY PL WAYZATA MN 55391 38 20-117-23 42 0036 SCOTT H ANDERSON JULIA L ANDERSON 3508 IVY PL WAYZATA MN 55391 38 20-117-23 42 0038 PAUL J TAUNTON 3600 IVY PL WAYZATA MN 55391 38 20-117-23 42 0040 RUSSELL KOCON JACQUELINE GIBNEY 3570 IVY PL ORONO MN 55391 38 20-117-23 43 0006 MARY L TUCKER 3466 IVY PL WAYZATA MN 55391 38 20-117-23 43 0031 CITY OF ORONO PARKS P O BOX 66 CRYSTAL BAY MN 55323 38 20-117-23 43 0035 PATRICK KINZIE MORGAN KINZIE 3040 CASCO POINT RD WAYZATA MN 55391 183 38 20-117-23 43 0042 DANIEL H COX 3277 CASCO CIR WAYZATA MN 55391 38 20-117-23 43 0043 DANIEL H COX 3277 CASCO CIR WAYZATA MN 55391 38 20-117-23 43 0044 SARAH ANN STRUCK JAN WILLIAM STRUCK 3287 CASCO CIR WAYZATA MN 55391 38 20-117-23 43 0045 LISA B KAERCHER JOHN DAVID KAERCHER 3297 CASCO CIRCLE WAYZATA MN 55391 38 20-117-23 43 0048 BRIAN V & DAWN R NELSON 3305 CASCO CIR WAYZATA MN 55391 38 20-117-23 43 0051 WILLIAM D GUST 3034 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 43 0052 KRISTEN & ANDREW RONNINGEN 3030 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 43 0053 SCOTT J LORIMER KIMBERLY R LORIMER 3729 N MARSHFIELD AVE CHICAGO IL 60613 38 20-117-23 43 0054 LEISEL & MARK PFLEGHAAR 3509 IVY PL WAYZATA MN 55391 38 20-117-23 43 0055 DONALD JAMES KAVANAGH 3038 CASCO POINT RD WAYZATA MN 55391 184 185 186 Gmail Adjacent Property Owner Acknowledgement Beth Flynn -Ferry <bethflynnferry@gmail.com> Heather Larson <heather.larson4235@gmail.com> Fri, Jul 12, 2024 at 11:30 AM To: Beth Flynn -Ferry <bethflynnferry@gmail.com> Cc: Jeff Larson <larson4235@gmail.com>, Heather Larson <heather.larson4235@gmail.com> Dear Beth and Mark, WELCOME to Ivy Place! We're sorry we missed you when you stopped by, and thank you for the opportunity to view your house plans. We are aware of your plans, and support a beautiful new home construction on your property. Good luck with the Planning Commission review. As plans get further, we'd love to hear your landscaping plans close to Ivy Place along the side of your new house. Please stop by when you are at the property - We'd love to see you! Best, Heather and Jeff Larson 3546 Ivy Place Sent from my iPhone On Jul 11, 2024, at 9:02 PM, Beth Flynn -Ferry <bethflynnferry@grnai1.com> wrote: !Quoted text hidden] 2 attachments ADJACENT PROPERTY OWNERS 2023_202301201529415638.pdf 92K 3545 Ivy Survey v9.pdf 1001K ADJACENT PROPERTY OWNERS' ACKNOWLEDGEMENT FORM I (we) �` C of L/r� (/" [print r e(s)) [print address) have reviewed 4he plans for the proposed improvement or proposed use of the property located at yx}G also referred to as Land Use Application No. d-4-- MnY? I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of property or use but merely to confirm for the City Council that 1 (we) am (are) aware of the improynent p,talis ands the proposed neighbor's project or use requires Council approval. e7/.11/"? Properly der Date Date If pouliade any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building & Zoning Office at least 90 days prior to the scheduled meeting date. Adjacent Property Owner Form —January 2023 Sampson Drentlaw is the adjacent property owner at 3535 Ivy Place. He has not been at the location in some time. A certified letter will be sent to his address. 187 188 189 190 Sign I n ! NAME 2 3. 4. 5. 7. 10. 11. 12 13. 14. 15. PLANNING COMMISSION ADDRESS 4(v1�) E44 cam. # *e7 % ce{sca f'(' 116Z4 PRESENTTO SPEAK FOR: ITEM tt PUBLIC COMMENT 0 0 ICI n a 0 �I assistive listening device available upon request