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Home My WebLink About08-19-2024 Planning Commission PacketAgenda Planning Commission Monday, August 19, 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 July 15, 2024 5. Public Hearings 5.1. #LA24-000041, Ben Mayer, 2914 Casco Point Road, Variance (Staff: Natalie Nye) 5.2. #LA24-000039, George Stickney & Mark Gronberg, 1480 Bracketts Point Road, Outlot A and Outlot B, Bracketts Point 2nd Addition, Preliminary Plat/Replat "Bracketts Point 3rd Addition" and Vacation (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: August 19, 2024 Item: 4.1 Presenter: Laura Oakden, Community Development Director Section: Approval of Minutes Title: Planning Commission Minutes of July 15, 2024 1.Purpose: Approve the Planning Commission Minutes of July 15, 2024 2.Planning Commission Action Requested: Approve the Planning Commission Minutes of July 15, 2024 AGENDA ITEM Exhibits 07.15.2024 Planning Commission Minutes.pdf 2 Minutes Planning Commission Regular Meeting Monday, July 15, 2024, 6:00 PM City Council Chambers 2780 Kelley Parkway, Orono, MN 55356 Page 1 of 4 Chair Bollis called the meeting to order at 6:00 p.m., followed by the Pledge of Allegiance. 1. ROLL CALL Orono Planning Commission members present: Chair Chris Bollis, Commissioners Dennis Libby, Jon Ressler, Bob Erickson, Ted Schultze and Gary Kraemer (arrived at 6:02 p.m.). Commissioners Mark McCutcheon and Scott Kirchner were 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 Libby moved, Schultze seconded, to approve the Agenda. VOTE: Ayes 5, Nays 0. 4. APPROVAL OF PLANNING COMMISSION MEETING MINUTES OF JUNE 17, 2024 Ressler moved, Libby seconded, to approve the minutes of the Orono Planning Commission meeting of June 17, 2024. VOTE: Ayes 5, Nays 0. 5. PUBLIC HEARINGS 5.1. LA24-000034 MATTHEW TIERNEY, 2285 AND 2305 BAYVIEW PLACE, VARIANCES The Planning Commission is requested to review the Staff report, receive a presentation, and discuss and approve lot size and width variances and a front yard set-back variance. The Planning Commission discussed the item and asked questions of staff and Mike Sharratt, a representative for the applicants, who were out of town. Chair Bollis opened the public hearing at 6:05 p.m. There were no public comments. Chair Bollis closed the public hearing at 6:05 p.m. Commissioners said it was pretty straightforward and a better use of the land changing two irregular lots into two more normally-shaped lots, even though both are still non-conforming, and the plan improves set-backs. Ressler moved, Kraemer seconded, to approve LA24-000034, 2285 and 2305 Bayview Place, Variances. VOTE: Ayes: 6, Nays 0. 5.2. LA24-000035 MOLLY WOLF, 2080 NORTH SHORE DRIVE, VARIANCES 3 Minutes Planning Commission Regular Meeting Monday, July 15, 2024, 6:00 PM City Council Chambers 2780 Kelley Parkway, Orono, MN 55356 Page 2 of 4 The Planning Commission is requested to review the Staff report, receive a presentation, and discuss and approve rear and side-yard setback variances on a substandard lot in order to build a deck. The Planning Commission discussed the item and asked questions of staff and the applicant, Molly Wolf, 2080 North Shore Drive. Chair Bollis opened the public hearing at 6:10 p.m. There were no public comments. Chair Bollis closed the public hearing at 6:10 p.m. Commissioners said they agreed there was practical difficulty due to lot size and the lack of a deck or patio. Kraemer moved, Schultze seconded, to approve LA24-000035, 2080 North Shore Drive, Variances. VOTE: Ayes: 6, Nays 0. 5.3. LA24-000027 BRUCE BOEDER O/B/O SF REAL ESTATE LLC, 3295 AND 3345 FOX STREET, EASEMENT VACATION AND INTERIM USE PERMIT The Planning Commission is requested to review the Staff report, receive a presentation, and discuss and approve the easement vacation and IUP in order to relocate a drainage pond and replace it with a rain garden. The Watershed District has issued the needed permits. The Planning Commission discussed the item and asked questions of staff and the applicant, Bruce Roeder, SF Real Estate, Wayzata. Chair Bollis opened the public hearing at 6:22 p.m. There were no public comments. Chair Bollis closed the public hearing at 6:22 p.m. Commissioners said the project improves both properties and makes them more up-to-date. Ressler moved, Kraemer seconded, to approve LA24-000027, 3295 AND 3345 Fox Street, Easement, Vacation and Interim Use Permit. VOTE: Ayes: 6, Nays 0. 5.4. LA24-000038 Lake West Development, 3245 WAYZATA BOULEVARD, INTERIM USE PERMIT, MATERIAL IMPORT/GRADING The Planning Commission is requested to review the Staff report, receive a presentation, and discuss and approve the interim use permit to excavate contaminated material, contain it in a berm and create clean fill on the site. 4 Minutes Planning Commission Regular Meeting Monday, July 15, 2024, 6:00 PM City Council Chambers 2780 Kelley Parkway, Orono, MN 55356 Page 3 of 4 The Planning Commission discussed the item and asked questions of staff and the applicant, Kelsey Thompson, Lake West Development, Minnetonka. Chair Bollis opened the public hearing at 6:36 p.m. There were no public comments. Chair Bollis closed the public hearing at 6:36 p.m. Commissioners asked about the governing authority of the City, which is over the size of the grading, not the contamination, and about possible future development and if any changes would be allowed in the berm. Commissioners were supportive of the improvement. Ressler moved, Schultze seconded, to approve LA24-000038, 3245 Wayzata Boulevard, Interim Use Permit, Material Import/Grading with the condition of all necessary approvals and permits from other agencies and that City Council limit any changes in the height of the berm to within 10 percent of what is proposed. VOTE: Ayes: 6, Nays 0. 5.5. LA24-000036 MARK & MARY ENGER, 2697 CASCO POINT ROAD, HARDCOVER VARIANCE The Planning Commission is requested to review the Staff report, receive a presentation, and discuss and deny the request for a hardcover variance to increase the size of the driveway turnaround, as a variance for the original turnaround was granted in 2020. The Planning Commission discussed the item and asked questions of staff and the applicant, Mark and Mary Enger, 2697 Casco Point Road. Chair Bollis opened the public hearing at 7:10 p.m. There were no public comments. Chair Bollis closed the public hearing at 7:10 p.m. Commissioners said the practical difficulty was identified in 2020 but the turnaround put in at that time was not enough to fix it. They said it is not egregious for the configuration of the lot, the difficulties of backing onto Casco Point Road, and the length of most vehicles. Kraemer moved, Bollis seconded, to approve LA24-000036, 2697 Casco Point Road, Hardcover Variance. VOTE: Ayes: 6, Nays 0. 5.6. LA24-000037 Mark Ferry & Elizabeth Flynn Ferry, 3545 Ivy Place, ALS Variance The Planning Commission is requested to review the Staff report, receive a presentation, and discuss and approve an average lakeshore setback variance due to the difficulties of developing the lot and the shape of the neighboring lot. 5 Minutes Planning Commission Regular Meeting Monday, July 15, 2024, 6:00 PM City Council Chambers 2780 Kelley Parkway, Orono, MN 55356 Page 4 of 4 The Planning Commission discussed the item and asked questions of staff and the applicants, Mark and Elizabeth Ferry, currently of Wayzata. Chair Bollis opened the public hearing at 7:18 p.m. There were no public comments, Chair Bollis closed the public hearing at 7:18 p.m. Commissioners noted the building plan for a new home actually improves the neighbor’s lake view and improves all other situations. The Average Lakeshore Setback requirements make the lot unbuildable. Ressler moved, Libby seconded, to approve LA24-000037, 3545 Ivy Place, ALS Variance. VOTE: Ayes: 6, Nays 0. 6. OTHER ITEMS Community Development Director Oakden said the items that went to the City Council at the last meeting from the Planning Commission were all approved. One had a slight change in scope that was supported by staff. There were two preliminary plat applications approved. 7. ADJOURNMENT Kraemer moved, Libby seconded, to adjourn the Planning Commission Meeting at 7:22 to August 19, 2024. VOTE: Ayes 6, Nays 0. ATTEST: _________________________________________ Christopher Bollis, Chair 6 Date: August 19, 2024 Item: 5.1 Presenter: Natalie Nye, Planner Section: Public Hearings Title: #LA24-000041, Ben Mayer, 2914 Casco Point Road, Variance (Staff: Natalie Nye) 1.Purpose: The applicant is requesting an average lakeshore setback variance for the construction of a deck. 2.MN§15.99 Application Deadline: The application was received on July 17, 2024 and deemed complete on July 24, 2024. The 60- Day timeline for review expires on September 22, 2024. 3.Background: The applicant is requesting an average lakeshore setback variance in order to reconstruct and expand a lakeside deck beyond the average lakeshore setback line. The proposal meets all other zoning requirements including the 75-foot setback. The proposed deck is over an existing patio and therefore there is no increase in hardcover. 4.Public Comment: The applicant has provided neighborhood support letters from both impacted neighbors shown in Exhibit H. 5.Staff Recommendation: Staff recommends approval of the average lakeshore setback variance for a new deck. 6.Planning Commission Action Requested: Motion to approve average lakeshore setback variance for 2914 Casco Point Road. AGENDA ITEM Exhibits Exhibit A - Staff Report Exhibit B - Application Exhibit C - Practical Difficulties Form Exhibit D - Survey Exhibit E - Deck Plans Exhibit F - Hardcover Calculations Exhibit G - Site Photos Exhibit H - Neighbor Acknowledgement Forms Exhibit I - Mailing List & Map 7 Date Application Received: 07/17/2024 Date Application Considered as Complete: 07/24/2024 60-Day Review Period Expires: 09/22/2024 To: Chair Bollis and Planning Commission Members Adam Edwards, City Administrator From: Natalie Nye, Planner Date: August 19, 2024 Subject: #LA24-000041, Ben Mayer, 2914 Casco Point Road, Variance - Public Hearing Background The applicant is requesting an average lakeshore setback variance in order to reconstruct and expand a lakeside deck beyond the average lakeshore setback line. The proposal meets all other zoning requirements including the 75-foot setback. The proposed deck is over an existing patio and therefore there is no increase in hardcover. Practical Difficulties Analysis Applicant Submittal Information: The applicant has identified the property’s location on an inlet as a practical difficulty. The location of the neighboring homes in relation to the existing home prohibits the expansion of the home due to the average lakeshore setback. The proposed deck is the minimum size to accommodate the needs of the family and does not impact neighboring views of the lake. Planning Staff Practical Difficulty Analysis: Staff agrees with the applicant’s assessment. The average lakeshore setback line bisects the home on the subject property. Any expansion of the lakeside deck would require a variance. The proposed deck does not increase hardcover as it is over an existing patio. All other zoning requirements are met. The neighboring properties have been notified and have provided support of the variance. LOT ANALYSIS WORKSHEET Section 78-350 & 78-1279 – Setbacks: LR-1C District Required Existing (House) Proposed (Deck) North Side 10’ 11.1’ 56’ South Side 10’ 11.1’ 11.1’ Lakeshore 75’ 112’ 102.8’ Average Lakeshore ALS is not met Section 78-350 – Lot Area/Width: LR-1C District Lot Area Lot Width Required 21,780 s.f. (0.5 acres) 100’ Actual 25,808 s.f. (0.59 acre) 100’ @ 75’ / 216’ @ OHWL Application Summary: The applicant is requesting an average lakeshore setback variance for a new deck. Staff Recommendation: Planning Department Staff recommends approval. 8 FILE #LA24-000041 August 19, 2024 Page 2 of 4 Section 78-1680 and 78-1700 – Hardcover Calculations: Stormwater Overlay District Tier Total Area Allowed Hardcover Existing Hardcover Proposed Hardcover Tier 1 25,808 s.f. 6,452 s.f. (25 %) 4,829 s.f. (18.7%) 4,829 s.f. (18.7%) Applicable Regulations: Average Lakeshore Setback Variance (Section 78-1279) The intent of the ordinance is to protect the lake views enjoyed by neighboring properties. Structures over 42 inches in height are prohibited in front of the average lakeshore setback line. The property is currently nonconforming as the average lakeshore setback line bisects the home. Any new lakeside deck on the home would require a variance. The proposed deck is entirely in front of the average lakeshore setback line. 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. An average lakeshore setback variance is required for the construction of a new lakeside deck on the property. The average lakeshore setback line currently bisects the home. The intent of the ordinance is to preserve and protect lake views enjoyed from neighboring properties. The neighboring properties are not impacted by new deck as the house is setback over 100 feet from the lake. All other setbacks including the 75-foot lake setback are met. The hardcover on the subject property will not increase due to the proposed deck being located over an existing patio. This criterion is met. 2. The variance is consistent with the comprehensive plan. The variance resulting in a new lakeside deck is consistent with the comprehensive plan. A lakeside deck was previously located on the property, which has since been removed. The proposal is for an expanded deck in the same location. There have been instances when the City has granted variances from average lakeshore setback when the proposal does not disrupt neighboring views of the lake and is not within the 75-foot setback. The proposed deck is not likely to impact any lake views. This criterion is met. 9 FILE #LA24-000041 August 19, 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 existing home had a lakeside deck, which has now been removed. The proposal is to reconstruct an expanded deck in the same location. The deck will be above an existing at grade patio and therefore there is no increase in hardcover. The proposed deck is over 100 feet away from the OHWL and is unlikely to impact neighboring views of the lake. The proposal preserves the intent of the ordinance by not disrupting any neighboring lake views. This criterion is met. b. There are circumstances unique to the property not created by the landowner; The location of the neighboring homes is out of the control of the homeowner. The applicant is requesting the average lakeshore setback variance to construct an expanded deck to a more reasonable size; and c. The variance will not alter the essential character of the locality. The proposed variance resulting in a new, expanded lakeside deck will not alter the character of the locality. The project will meet the 75-foot lake setback, meet hardcover requirements and limit impact to the neighbors. This criterion is met. Additionally, City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination. 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 17, when in harmony with Orono City Code Chapter 78. This condition is not applicable. 6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located. This condition is not applicable, as a residential home is a permitted use in the LR-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 existing position of the property in relation to the neighboring homes is unique. The neighboring properties will not have their lake view impacted by the proposed deck. 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 relates to the existing conditions of the site and position 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 proposed deck allows the property owner to fully enjoy the deck and lakeyard. The deck is over 100 feet from the lake and hardcover is not impacted. This criterion is met. 10 FILE #LA24-000041 August 19, 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 will not adversely impact health, safety, comfort, or morals of the community. This criterion is met. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The variance allows for the reconstruction and expansion of a lakeside deck that will encroach into the average lakeshore setback. The current home is nonconforming to average lakeshore setback as the setback line bisects the home. Any lakeside deck on the home would require a variance. The proposed deck will allow the current property owners to fully use and enjoy the lakeyard. 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 support letters from both impacted neighbors 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 Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested variance? 4. Are there any other issues or concerns with this application? Planning Staff Recommendation Staff recommends approval of the average lakeshore setback variance for a new deck. 11 Land Use Application Summary Application Date:07/17/2024 Address:2914 Casco Point RD Orono, MN 55391 Parcel Number:2011723310031 Land Use Number:LA24-000041 Application Submitted By:Property Owner Owner:Name: BENJAMIN M MAYER Address: MEGHAN J HERMANN 2914 CASCO POINT RD Applicant:Name: Ben Mayer Company: Address: 2914 Casco Point Rd Orono, MN 55391 benmmayer@gmail.com Contact Information:Associated Contact: Tom Bloom tom@advsur.com Associated Contact: Nick Rukamp nick@psdecks.com Associated Contact: Associated Contact: Project Description:New 23’x10’ deck to replace existing deck Land Use Application Type:Amendmend Application Appeal of Admin Decision Concept Application Conditional Use Permit Site Plan Application Subdivision Application Subdivision Exception Vacation Application Variance Application Applicant Signature: 7/18/24, 4:12 PM Permit Details | Citizenserve https://www3.citizenserve.com/Admin/PermitController?Action=DisplayPermitDetail&SelectedTab=Permits&Permit_ID=51051916&WorkOrder_ID=886…1/112 PRACTICAL DIFFICULTIES DOCUMENTATION FORM LA24-000041 1. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter. Response: Yes. The existing deck was needing significant repairs and will be rebuilt with the same intent to use for seating and grilling. 2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. Response: The property is in a unique spot on the lake where the inlet is. This situates any repairs or improvements to the house or deck in the Average Set Back Line, thus requiring the variance just as the neighboring property being built also needed a variance to be built. 3. The variance, if granted, will not alter the essential character of the locality. Response: No the variance (if granted) won't alter the essential character of the neighborhood. We have also contacted both adjoining property owners and provided them with the details of the proposed project. Both neighbors have enthusiastically supported the variance and have signed documents in support of it. 4. Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter. Response: Na 5. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minnesota Statutes, Section 116J.06, Subd. 2, when in harmony with this Chapter. Response: We have a family of seven and would like to rebuild the deck and expand it in order to be able to fit a table that sits the entire family and a grill. The deck opens up in to our kitchen and we try to prioritize family dinners. During the summer months we would love to do that with all our children right off the house onto the deck. The existing deck was 8x12 and couldn't accommodate a table and grill. 6. The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not allowed under this Chapter for property in the zone where the affected person's land is located. Response: NA 7. The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. Response: na 8. The special conditions applying to the structure or land in question are peculiar to such 7/18/24, 4:13 PM Permit Details | Citizenserve https://www3.citizenserve.com/Admin/PermitController?Action=DisplayPermitDetail&SelectedTab=Permits&Permit_ID=51051916&WorkOrder_ID=886…1/213 property or immediately adjoining property. Response: Yes. The adjoining property also required a variance to be built. 9. The conditions do not apply generally to other land or structures in the district in which said land is located. Response: No, the adjoining properties also need a variance to be constructed. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Response: Yes. The existing deck was needing significant repairs and will be rebuilt with the same intent to use for seating and grilling. 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: Yes. The existing deck was rotting out and needed to be repaired immediately as it was a safety issue. So the variance would need to be granted to do the necessary repairs as well as allow for the expansion. 7/18/24, 4:13 PM Permit Details | Citizenserve https://www3.citizenserve.com/Admin/PermitController?Action=DisplayPermitDetail&SelectedTab=Permits&Permit_ID=51051916&WorkOrder_ID=886…2/214 Lake M i n n e t o n k aCascoPoint Road# 42379LICENSE NO.Thomas M. BloomDATE:DATE DRAFTED:DATE SURVEYED:CLIENT NAME / JOB ADDRESSSHEET TITLESHEET SIZESHEET 1 OF 1S1EXISTINGCONDITIONSSURVEYJULY 15, 2024JULY 15, 2024Phone (952) 474-7964Web: www.advsur.comAdvanceSurveying & Engineering, Co.DRAWING ORIENTATION & SCALE240918 TBJULY 15, 202440200DRAWING NUMBERSHEET NUMBER17 X 22SCALE - 1" = 20'LEGAL DESCRIPTION:Tract K, REGISTERED LAND SURVYE NO. 461, Hennepin County, Minnesota.SCOPE OF WORK & LIMITATIONS:1. Showing the length and direction of boundary lines of the legal descriptionlisted above. The scope of our services does not include determining what youown, which is a legal matter. Please check the legal description with yourrecords or consult with competent legal counsel, if necessary, to make sure thatit is correct and that any matters of record, such as easements, that you wish tobe included on the survey have been shown.2. Showing the location of observed existing improvements we deem necessaryfor the survey.3. Setting survey markers or verifying existing survey markers to establish thecorners of the property.4. This survey has been completed without the benefit of a current titlecommitment. There may be existing easements or other encumbrances thatwould be revealed by a current title commitment. Therefore, this survey doesnot purport to show any easements or encumbrances other than the ones shownhereon.5. Note that all building dimensions and building tie dimensions to the propertylines, are taken from the siding and or stucco of the building.STANDARD SYMBOLS & CONVENTIONS:"●" Denotes iron survey marker, set, unless otherwise noted.BEN MAYER2914 CASCO POINTROADORONO, MN18202 Minnetonka Boulevard, Suite 401Deephaven, Minnesota 55391LEGENDAverage setback LineExising Driveway 75' OHWLBoulder Retaining WallExisting Paver PatioPC Exhibit C15 23' 115 SQ FT115 SQ FT DECK DECK RAILCRAFT CABLE RAILING TREX ROCKY HARBOR DECKING 6X6 SET ON HELICAL PIER FOOTING SPLICE BOARD 1X12 AND 1X6 PVC FASCIA Ben Mayer 2914 Casco Point Rd Orono, MN 55391 16 21'-10" 23'10'2X12 PT LEDGER 2X12 PT SYP KDAT JOIST 16" OC5 1/4 X 15 1/8 GLULAM6X6 PT POST SET ON HELICAL PIER Ben Mayer 2914 Casco Point Rd Orono, MN 55391 17 6"7'GRADE 6X6 .60 GRADE PT POST SIMPSON ABE66Z HELICAL PIER FOOTING REPORTS PROVIDED AT INSPECTION FLOOR JOIST 2" MIN SHEATHING SIDING FLASHING DECKING DECK JOIST APPROVED JOIST HANGER PRESSURE TREATED 2X LEDGER INSTALLED WITH FASTENERS PER IRC TABLE R507.2 HOLD DOWN DEVISE MIN 750# CAPACITY AT 4 LOCATIONS EVENLY DISTRIBUTED ALONG DECK & 1 WITHIN 2" OF EACH END LEDGER HOLD DOWN DEVICES SHALL FULLY ENGAGE DECK JOIST PER HOLD DOWN MANUFACTURER FULLY THREADED 3/8" DIAMETER LAG SCREW PREDRILLED WITH 3" PENETRATION TO CENTER OF TOP PLATE, STUD, OR HEADER10'3'5 1/4 X 15 1/8 GLULAM BEAM LPC6Z SIMPSON 2X12 PT SYP JOIST 6X6 PT .60 GRADE SUPPORT POST GRADE 1 5/8 "X 3 5/8" RAILCRAFT ALUMINUM POST 1/8" STAINLESS STEEL CABLE RAILCRAFT 3500 SERIES ALUMINUM RAILING LESS THAN 4" SPACING LESS THAN 4" SPACING 1X12 & 1X6 PVC FASCIA 2X12 PT SYP KDAT JOIST 16" OC DOWN SPOUT 5/4"X6" DECK BOARD SINGLE BORDER DECK BOARD SEAMLESS GUTTER 6X6 .60 GRADE PT POST TREX RAINESCAPE OVER JOIST FOR WATER TIGHT SEAL 1X12 & 1X6 PVC FASCIA Ben Mayer 2914 Casco Point Rd Orono, MN 55391 18 City of Orono Hardcover Calculation Worksheet Property Address: Prepared by: Date: Stormwater Quality Overlay District Tier: (Circle one) Tier 1 Tier 2 Tier 3 Tier 4 Tier 5 Step 1: EXISTING HARDCOVER In the following table identify all items of existing hardcover on the property, keyed by letter to site plan or survey (must accompany this form). Use as many lines as necessary to accurately depict existing hardcover status of the property. For Tier 1 properties, identify any features by letter which are within the 75-foot setback or split at the 75’ setback line and calculate hardcover square footage separately for each portion. Key to Survey Hardcover Item (Describe) Length x Width Total (Square Feet) (Example) (Garage) (24’ x 30’) (720 S.F.) A S.F. B S.F. C S.F. D S.F. E S.F. F S.F. G S.F. H S.F. I S.F. J S.F. K S.F. L S.F. M S.F. N S.F. O S.F. P S.F. Q S.F. R S.F. S S.F. T S.F. U S.F. V S.F. W S.F. X S.F. Y S.F. Z S.F. (1) Total Existing Hardcover S.F. Excludable Hardcover (See City Code Sec 78-1684): S.F. S.F. S.F. S.F. S.F. (2) Total Excludable Hardcover S.F. (3) Net Existing Hardcover [Subtract line (2) from line (1)] S.F. (4) Total Lot Area S.F. Existing Hardcover Percentage [ (3) ÷ (4) ] % 2914 CASCO POINT RD Ben Mayer 7/1/24 House and Garage Driveway Front Sidewalk Back Patio AC Pad Boulder Retaining Walls 2532 965 80 680 32 540 4829 4,829 25,808 18.7 19 City of Orono Hardcover Calculation Worksheet Property Address: Prepared by: Date: Stormwater Quality Overlay District Tier: (Circle one) Tier 1 Tier 2 Tier 3 Tier 4 Tier 5 Step 2: PROPOSED HARDCOVER In the following table, identify all items of proposed hardcover on the property, keyed by letter to site plan or survey (must accompany this form). Include all existing hardcover items that are intended to remain, as well as all proposed hardcover items that will be added. Use as many lines as necessary to accurately depict proposed hardcover status of the property. For Tier 1 properties, identify any features by letter which are within the 75- foot setback or split at the 75’ setback line and calculate hardcover square footage separately for each portion. Key to Survey Hardcover Item (Describe) Length x Width Total (Square Feet) (Example) (Garage) (24’ x 30’) (720 S.F.) A S.F. B S.F. C S.F. D S.F. E S.F. F S.F. G S.F. H S.F. I S.F. J S.F. K S.F. L S.F. M S.F. N S.F. O S.F. P S.F. Q S.F. R S.F. S S.F. T S.F. U S.F. V S.F. W S.F. X S.F. Y S.F. Z S.F. (1) Total Proposed Hardcover S.F. Excludable Hardcover (See City Code Sec 78-1684): S.F. S.F. S.F. S.F. S.F. (2) Total Excludable Hardcover S.F. (3) Net Proposed Hardcover [Subtract line (2) from line (1)] S.F. (4) Total Lot Area S.F. Proposed Hardcover Percentage [ (3) ÷ (4) ] % 2914 CASCO POINT RD Ben Mayer 7/1/24 House and Garage Driveway Front Sidewalk Back Patio AC Pad Boulder Retaining Walls 2532 965 80 680 32 540 0 4,829 Proposed Deck (above existing Patio) 4, 829 25,808 18.7 20 PC Exhibit G21 22 23 24 MARY STEPHANIE POWELL 25 38 11-117-23 32 0023 WAYZATA BAY LLC 1265 BRACKETTS POINT RD WAYZATA MN 55391 38 11-117-23 32 0025 BRACKETT POINT PROPERTY LLC 20840 PRAIRIE HILLS LANE PRIOR LAKE MN 55372 38 11-117-23 33 0005 WAYZATA BAY LLC 1265 BRACKETTS POINT ROAD ORONO MN 55391 38 11-117-23 33 0007 STEPHEN PETER STENEHJEM STACEY M STENEHJEM 16143 CROSBY COVE RD WAYZATA MN 55391 38 11-117-23 33 0008 BRUCE PADDOCK 920 SHADY LA WAYZATA MN 55391 38 11-117-23 33 0009 BRUCE PADDOCK 920 SHADY LA WAYZATA MN 55391 38 11-117-23 33 0010 ANDERSON 2020 DESCENANTS TR KATHLEEN C & RICHARD A 1220 BRACKETTS POINT RD WAZATA MN 55391 38 11-117-23 34 0001 BRUCE PADDOCK 155 LAKE ST #2000 WAYZATA MN 55391 38 20-117-23 24 0041 BARRY LITT 8709 PORTICO LA LONGMONT CO 80503 38 20-117-23 31 0002 DONALD SCHRADER 3704 CASCO AVE WAYZATA MN 55391 38 20-117-23 31 0004 JOHN F KLICK 3703 CASCO AVE WAYZATA MN 55391 38 20-117-23 31 0005 ROBERT PRESLER 3709 CASCO AVE WAYZATA MN 55391 38 20-117-23 31 0020 PENNY J SAIKI 2874 CASCO POINT RD ORONO MN 55391 38 20-117-23 31 0021 CITY OF ORONO P O BOX 66 CRYSTAL BAY MN 55323 38 20-117-23 31 0022 CITY OF ORONO P O BOX 66 CRYSTAL BAY MN 55323 38 20-117-23 31 0023 PENNY J SAIKI 2874 CASCO POINT RD ORONO MN 55391 38 20-117-23 31 0026 STEVEN G SIGAFOOS 2900 CASCO PT RD WAYZATA MN 55391 38 20-117-23 31 0027 CITY OF ORONO P O BOX 66 CRYSTAL BAY MN 55323 38 20-117-23 31 0028 ANGELA L WILSON 2910 CASCO POINT RD WAYZATA MN 55391 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 0039 DONALD SCHRADER 3704 CASCO AVE WAYZATA MN 55391 38 20-117-23 31 0040 JAMES W & PATRICIA DONGOSKE 3700 CASCO AVE WAYZATA MN 55391 38 20-117-23 31 0041 PETER M GRAFFUNDER 3630 CASCO AVE WAYZATA MN 55391 38 20-117-23 31 0042 NIH HOMES LLC 6840 213TH AVE ELK RIVER MN 55330 38 20-117-23 31 0043 SUSAN C STIELOW HOME LLC 3660 FORT CHARLES DR NAPLES FL 34102 26 38 20-117-23 31 0048 NANCY G BROWN 2933 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 31 0049 DON ADAMS & SHEILA ADAMS 2927 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 31 0050 JENNIFER L BREKKEN 2925 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 31 0052 ERIK C MELIN BETHANY H MELIN 2905 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 31 0053 GREGGORY A SMITH MELANIE S SMITH 2895 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 31 0055 ALYSSA DWYER & ERIC BIERMANN 2917 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 0062 DAVID HEISER JENNIFER ANN HEISER 2740 CAROLINE AVE WAYZATA MN 55391 38 20-117-23 31 0065 THE CITY OF ORONO P O BOX 66 CRYSTAL BAY MN 55323 38 20-117-23 31 0072 MICHAEL D BARRETT 2912 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 31 0073 DANIEL CLEMENT PALMER CHELSEA TAYLOR PALMER 2918 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 31 0075 MICHELLE WILLIAMS-ABBOTT TR 2941 CASCO POINT RD ORONO 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 0027 JAMES C WHITE TERA R WHITE 3560 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 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 27 Hennepin County Locate & Notify Map 2914 Casco Pt Rd 0 200 400100 Feet Date: 7/17/2024 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 28 Date: August 19, 2024 Item: 5.2 Presenter: Melanie Curtis, Planner Section: Public Hearings Title: #LA24-000039, George Stickney & Mark Gronberg, 1480 Bracketts Point Road, Outlot A and Outlot B, Bracketts Point 2nd Addition, Preliminary Plat/Replat "Bracketts Point 3rd Addition" and Vacation (Staff: Melanie Curtis) 1.Purpose: The applicant requests preliminary plat approval to rearrange boundary lines between two outlots and the property addressed 1480 Bracketts Point Road. Vacation of a portion of the existing perimeter drainage and utility easements is also proposed. 2.MN§15.99 Application Deadline: This application was received on July 16, and considered to be complete on July 31, 2024. The 120-day subdivision review timeline will expire on November 28, 2024. 3.Background: The applicant proposes to move the common boundary line between 1480 Bracketts Point Road and Outlot A, Bracketts Point 2nd Addition in order to incorporate the tennis court portion of the outlot it the main building lot/property. The stormwater ponding area will remain untouched. Also proposed is rearrangement of the boundary between Outlot A and Outlot B, Bracketts Point 2nd Addition to correct the road alignment. Refer to the staff report attached as Exhibit A for more detail and analysis. 4.Public Comment: No public comments have been submitted for this application. 5.Staff Recommendation: The request conforms to City Codes. Staff recommends approval as applied. 6.Planning Commission Action Requested: Planning Commission hold a public hearing and consider recommending approval of the vacation and preliminary plat. AGENDA ITEM Exhibits Exhibit A - LA24-000039 Staff Report Exhibit B - Application Exhibit C - Proposed Bracketts Point 3rd Add Exhibit D - Utility Letters Exhibit E - Aerial Photos Exhibit F - Subd Exception 1450 BPR Exhibit G - Bracketts Point 2nd Exhibit H - Southways plat 29 Exhibit I - Bracketts Point 2nd_Easement Declaration Exhibit J - Mailing List & Map 30 Date Application Received: 07/16/2024 Date Application Considered as Complete: 07/31/2024 120-Day Review Period Expires: 11/28/2024 To: Chair Bollis and Planning Commission Members Adam Edwards, City Administrator From: Melanie Curtis, Planner mcc Date: 19 August 2024 Subject: #LA24-000039, George Stickney o/b/o O’Shaughnessy, Stenehjem, and Paddock regarding the following properties: • 1480 Bracketts Point Road • Outlot A, Bracketts Point 2nd Addition • Outlot B, Bracketts Point 2nd Addition Preliminary Plat/Replat and Easement Vacation Public Hearing Background The purpose of this plat is primarily to reorient boundary lines of outlots in an obsolete configuration and remove an outdated neighborhood amenity in the tennis court. No new lots are proposed and the existing misalignment of the road outlot will be remedied. On behalf of the property owners, the applicant is requesting preliminary plat approval to move the common boundary line between 1480 Bracketts Point Road (“1480 BPR”) and Outlot A, Bracketts Point 2nd Addition (“Outlot A”) in order to incorporate the tennis court portion of the outlot it the main building lot/property. The stormwater ponding area will remain untouched. Also proposed is the rearrangement of the boundary between Outlot A and Outlot B, Bracketts Point 2nd Addition (“Outlot B”). With the exception of the change to the portion of Outlot A underlying the tennis court, the proposed changes were intended to be completed in conjunction with the finalization of the Southways plat to the north. The changes are necessary to align the public portion of Bracketts Point Road on the north through Southways, with the private portion on the south. A cul-de-sac delineates the change from public to private. This application is not a subdivision. Rather, it should be viewed as a boundary line adjustment (subdivision exception) due to the need to formally re-plat a portion of Outlot A currently classified as an “outlot”. According to City Code, an Outlot is defined as “a lot depicted on a Application Summary: The applicant is requesting approval of a plat to rearrange boundary lines between two outlots and 1480 Bracketts Point Road. Vacation of a portion of the existing drainage and utility easements is also proposed. Staff Recommendation: Planning Department Staff recommends approval. 31 FILE #LA24-000039 19 August 2024 Page 2 of 3 final plat which intended for open space preservation, access, future development or other use”. Further, City Code Section 82-254 states that outlots “are not intended for development except for the purpose in which they are created, which may include streets, stormwater management, monument signs, etc.…”. Re-platting the tennis court portion of Outlot A will allow it to function as part of the greater buildable lot of 1480 BPR. A previous administrative boundary line adjustment (Subdivision Exception) was completed earlier this year making the necessary changes to the outlots impacting the lot on the western side of the road (1450 Bracketts Point Road, attached as Exhibit F. Hennepin County’s mapping and reflection of mid-year property line changes are delayed significantly. Applicable Regulations:  MN State Statue 462.358 Subd. 7. Vacation “The governing body of a municipality may vacate any publicly owned utility easement or boulevard reserve or any portion thereof, which are not being used for sewer, drainage, electric, telegraph, telephone, gas and steam purposes or for boulevard reserve purposes, in the same manner as vacation proceedings are conducted for streets, alleys and other public ways under a home rule charter or other provisions of law. A boulevard reserve means an easement established adjacent to a dedicated street for the purpose of establishing open space adjacent to the street and which area is designated on the recorded plat as "boulevard reserve".”  Orono City Code. Sec. 78-9. - Vacation of streets, alleys and public grounds. “Vacation of streets, alleys and public grounds shall follow the procedures set forth in this chapter; except that such vacation shall require a petition by a majority of the landowners abutting the property to be vacated, and a hearing preceded by two weeks' published and posted notice, all as required by Minn. Stat. § 412.851. The council may vacate any publicly owned utility easement or boulevard reserve which is not being used for sewer, drainage, electric, telegraph, and telephone, gas and steam purposes or for boulevard reserve purposes, in the same manner as vacation proceedings are conducted for streets, alleys and other public ways. A boulevard reserve means an easement established adjacent to a dedicated street for the purpose of establishing open space adjacent to the street and which area is designated on the recorded plat as boulevard reserve.” Drainage and Utility Easements Analysis The City requires standard perimeter drainage and utility easements around all property boundaries on Plats. The applicant’s request includes vacation of the existing perimeter drainage and utility easements between Outlot A and 1480 BPR. Dedication of replacement easements is not necessary as the remainder of Outlot A will continue to be encumbered by existing drainage and utility easements. The applicant has drafted updated Private Road, Easement and Maintenance Declaration documents to address the change in legal descriptions which the current property owners will sign. Public Comments The City received inquiries regarding the purpose and scope of the project. None of the inquiries resulted in formal comments on the application. Utility Notifications Notification of the vacation was sent to the appropriate utility companies. It does not appear that any existing utilities are located within the area to be vacated. Staff has spoken with Medicom who did not have an objection; to date, no formal comments from utility companies have been received. 32 FILE #LA24-000039 19 August 2024 Page 3 of 3 Issues for Consideration 1. Does the Planning Commission find that the proposed change is consistent with the original intent contemplated with the 2007 approval of Bracketts Point 2nd Addition and Southways plats? 2. Does the Planning Commission find that the request, if approved, will not alter the essential character of the neighborhood? 3. The Planning Commission should review the Conservation Design Report and provide recommendations. 4. Are there any other issues or concerns with this application? Planning Staff Recommendation Planning Staff recommends approval of the preliminary plat including the proposed easement vacation as applied. 33 Land Use Application Summary Application Date:07/16/2024 Address:1480 Bracketts Point RD Orono, MN 55391 Parcel Number:1111723330005 Land Use Number:LA24-000039 Application Submitted By:Agent on behalf of property owner Owner:Name: WAYZATA BAY LLC Address: 1265 BRACKETTS POINT ROAD ORONO MN 55391 Applicant:Name: Mark Gronberg Company: Gronberg &Associates, Inc Address: 445 North Willow Drive Long Lake, MN 55356 markg@gronbergassoc.com Contact Information:Associated Contact: George W Stickney gstickney@cbburnet.com Associated Contact: Mark Gronberg markg@gronbergassoc.com Associated Contact: Carolyn O'Shaughnessy carolynmarieoshaughnessy@gmail.com Associated Contact: Project Description:Preliminary Plat: including Outlots A + B, Bracketts Point 2nd (PIDs 11-117- 23-33-0008 and 11-117-23-33-0009) 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: 34 move move 35 9 August 2024 Chuck Mayers CenterPoint Energy PO Box 1165 Minneapolis, MN 55440-1165 CITY OF ORONO Street Address: I Mailing Address: I Telephone (952) 249-4600 2750 Kelley Parkway P.O. Box 66 Fax (952) 249-4616 Orono, MN 55356 Crystal Bay, MN 55323 www.ci.orono.mn.us RE: File: Vacation of easements at 1480 Bracketts Point Rd + Outlots A & B, Bracketts Point 2nd Addition. No new lots are proposed LA24-000039 Mr. Mayers: The City of Orono received a request for vacation of easements as part of a request to rearrange property lines between 1480 Bracketts Point Road, Outlots A & B, Bracketts Point 2nd Addition. No new lots are proposed. Enclosed is a copy of the survey. Please advise whether you have any infrastructure within the identified properties, or if you have any objections to the easement vacation. This request will be presented at the August 19, 2024 Planning Commission meeting for a public hearing. Receipt of your comments by or before Thursday, August 15th would be appreciated. Please contact me directly at mcurtis@oronomn.gov or 952.249.4627 for more information of if you have any questions on the request. Thank you for your input. Sincerely, CITY OF ORONO /Jj/Jj;J� Melanie Curtis Planner Enclosure c: via email 36 9 August 2024 CenturyLink SENT VIA EMAIL: nre.easement@centurylink.com CITY OF ORONO Street Address: I Mailing Address: I Telephone (952) 249-4600 2750 Kelley Parkway P.O. Box 66 Fox (952) 249-4616 Orono, MN 55356 Crystal Bay, MN 55323 www.ci.orono.mn.us RE: Vacation of easements at 1480 Bracketts Point Rd + Outlets A & B, Bracketts Point 2nd Addition. No new lots are proposed File: LA24-000039 The City of Orono received a request for vacation of easements as part of a request to rearrange property lines between 1480 Bracketts Point Road, Outlots A & B, Bracketts Point 2nd Addition. No new lots are proposed. Enclosed is a copy of the survey. Please advise whether you have any infrastructure within the identified properties, or if you have any objections to the easement vacation. This request will be presented at the August 19, 2024 Planning Commission meeting for a public hearing. Receipt of your comments by or before Thursday, August 15th would be appreciated. Please contact me directly at incurtis@oronomn.gov or 952.249.4627 for more information of if you have any questions on the request. Thank you for your input. Sincerely, CITY OF ORONO t/Ji(liJJoag Melanie Curtis Planner Enclosure 37 9 August 2024 Thomas Heimel Broadband Specialist IV/Construction Mediacom Communications 1670 Lake Drive W Chanhassen, MN 55317 CITY OF ORONO Street Address: I Mailing Address: I Telephone (952) 249-4600 2750 Kelley Parkway P.O. Box 66 Fox (952) 249-4616 Orono, MN 55356 Crystal Bay, MN 55323 www.ci.orono.mn.us RE: Vacation of easements at 1480 Bracketts Point Rd + Outlets A & B, Bracketts Point 2nd Addition. No new lots are proposed File: LA24-000039 Mr. Heimel: The City of Orono received a request for vacation of easements as part of a request to rearrange property lines between 1480 Bracketts Point Road, Outlots A & B, Bracketts Point 2nd Addition. No new lots are proposed. Enclosed is a copy of the survey. Please advise whether you have any infrastructure within the identified properties, or if you have any objections to the easement vacation. This request will be presented at the August 19, 2024 Planning Commission meeting for a public hearing. Receipt of your comments by or before Thursday, August 15th would be appreciated. Please contact me directly at incurtis@oronomn.gov or 952.249.4627 for more information of if you have any questions on the request. Thank you for your input. Sincerely, CITY OF ORONO t/Ji(liJJoag Melanie Curtis Planner Enclosure c: via email 38 9 August 2024 Xcel Energy Attn: Mason O. Padilla 414 Nicollet Mall (MP-8A Minneapolis, MN 55401 CITY OF ORONO Street Address: I Mailing Address: I Telephone (952) 249-4600 2750 Kelley Parkway P.O. Box 66 Fax (952) 249-4616 Orono, MN 55356 Crystal Bay, MN 55323 www.ci.orono.mn.us RE: File: Vacation of easements at 1480 Bracketts Point Rd + Outlots A & B, Bracketts Point 2nd Addition. No new lots are proposed LA24-000039 Mr. Padilla: The City of Orono received a request for vacation of easements as part of a request to rearrange property lines between 1480 Bracketts Point Road, Outlots A & B, Bracketts Point 2nd Addition. No new lots are proposed. Enclosed is a copy of the survey. Please advise whether you have any infrastructure within the identified properties, or if you have any objections to the easement vacation. This request will be presented at the August 19, 2024 Planning Commission meeting for a public hearing. Receipt of your comments by or before Thursday, August 15th would be appreciated. Please contact me directly at mcurtis@oronomn.gov or 952.249.4627 for more information of if you have any questions on the request. Thank you for your input. Sincerely, CITY OF ORONO /Jj/Jj;J� Melanie Curtis Planner Enclosure c: via email 39 40 41 42 43 44 EXHIBIT A EXISTING LEGAL DESCRIPTIONS: Lot 1, Block 1, BRACKETTS POINT 2nd ADDITION; ALSO, vacated Bracketts Point Road as shown and dedicated in the plat of BRACKETTS POINT 2ND ADDITION. PART OF OUTLOTS A & B TO BE ADDED TO LOT 1, BLOCK 1: Those parts of Outlots A & B, BRACKETTS POINT 2ND ADDITION which lie westerly of the following described line: Beginning at a point on the northwesterly line of said Outlot A a distance of 26.00 feet northeasterly from the most westerly corner of said Outlot A; thence southeasterly to a point on the southwesterly line of said Outlot B, said point being the northerly point of the 58.76 foot segment bearing North 54 degrees 20 minutes West as shown on said plat; thence southwesterly deflecting right 90 degrees to its intersection with Lake Minnetonka, and said line there ending. 45 EXHIBIT B PROPOSED FINAL LEGAL DESCRIPTIONS: Lot 1, Block 1, BRACKETTS POINT 2nd ADDITION; ALSO Bracketts Point Road as shown and dedicated in the plat of BRACKETTS POINT 2nd ADDITION: ALSO, Those parts of Outlots A & B, BRACKETTS POINT 2nd ADDITION which lie westerly of the following described line: Beginning at a point on the northwesterly line of said Outlot A a distance of 26.00 feet northeasterly from the most westerly corner of said Outlot A; thence southeasterly to a point on the southwesterly line of said Outlot B, said point being the northerly point of the 58.76 foot segment bearing North 54 degrees 20 minutes West as shown on said plat; thence southwesterly deflecting right 90 degrees to its intersection with Lake Minnetonka, and said line there ending. 46 EXHIBIT C 47 %5$&.(77632,171'$'',7,21ZDWHUHOHYDWLRQRQ$SULOZDVIW1*9'+LJKHVWNQRZQODNHHOHYDWLRQLVIW1*9'%HQFKPDUNLVDFKLVHOOHG[RQFRQFUHWHEDVHDW1:FRPHURISXPSKRXVHDW*UD\V%D\'DPHOHY IW1*9'āāāāāāāāāā āāāāāāāāā?āāāāāāāāā *521%(5* $662&,$7(6,1&(1*,1((56/$1'6859(<2563/$11(56'HQRWHVIRXQGLURQPRQXPHQWR'HQRWHVVHWLURQPRQXPHQW%HDULQJVVKRZQDUHIURPWKHSODWRI%5$&.(77632,17'UDLQDJHDQGXWLOLW\HDVHPHQWVVKRZQWKXV,,V, ,,V ,B/L,,,O,,/ /BBBBBBB %HLQJIHHWLQZLGWKXQOHVVRWKHUZLVHLQGLFDWHGDQGDGMRLQLQJORWOLQHV DQG EHLQJ IHHWLQ ZLGWKDQGDGMRLQLQJULJKWRIZD\OLQHVXQOHVVRWKHUZLVHLQGLFDWHGRQWKHSODW&5'2&126+((72)6+((7648 49 Original Declaration50 51 52 53 54 55 56 Amended Declaration57 58 59 60 61 62 63 64 38 11-117-23 32 0023 WAYZATA BAY LLC 1265 BRACKETTS POINT RD WAYZATA MN 55391 38 11-117-23 32 0025 BRACKETT POINT PROPERTY LLC 20840 PRAIRIE HILLS LANE PRIOR LAKE MN 55372 38 11-117-23 33 0005 WAYZATA BAY LLC 1265 BRACKETTS POINT ROAD ORONO MN 55391 38 11-117-23 33 0007 STEPHEN PETER STENEHJEM STACEY M STENEHJEM 16143 CROSBY COVE RD WAYZATA MN 55391 38 11-117-23 33 0008 BRUCE PADDOCK 920 SHADY LA WAYZATA MN 55391 38 11-117-23 33 0009 BRUCE PADDOCK 920 SHADY LA WAYZATA MN 55391 38 11-117-23 33 0010 ANDERSON 2020 DESCENANTS TR KATHLEEN C & RICHARD A 1220 BRACKETTS POINT RD WAZATA MN 55391 38 11-117-23 34 0001 BRUCE PADDOCK 155 LAKE ST #2000 WAYZATA MN 55391 Mailing List 65 Hennepin County Locate & Notify Map 1480 Bohns Pt Rd 0 100 20050 Feet Date: 7/17/2024 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 66 PLANNING COMMISSION Sign I n ! NAME ADDRESS PRESENTTO SPEAK FOR: ITEM 4 PUBLIC COMMENT 1. �RX Gna,�et,G Lit 0w/ff6tt 4: /L h rfac. -s0 2 ❑ 14. ❑ assistive listening device available upon request