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Home My WebLink About09-16-2024 Planning Commission PacketAgenda Planning Commission Monday, September 16, 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 August 19, 2024 5. Public Hearings 5.1. #LA24-000044, William Anderson, 1335 Briar Street, Variances, Public Hearing 5.2. #LA24-000043, Archos Architecture & Design PA, 1760 Shadywood Rd, Variances, Public Hearing 5.3. #LA24-000045, Larry Compton o/b/o Park Gun Club, 3660 6th Avenue N, Interim Use Permit â€“ Mining/Processing, Public Hearing 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: September 16, 2024 Item: 4.1 Presenter: Laura Oakden, Community Development Director Section: Approval of Minutes Title: Planning Commission Minutes of August 19, 2024 1.Purpose: Approve the Planning Commission Minutes of August 19, 2024 2.Planning Commission Action Requested: Approve the Planning Commission Minutes of August 19, 2024 AGENDA ITEM Exhibits 08.19.2024 Planning Commission minutes.pdf 2 Minutes Planning Commission Regular Meeting Monday, August 19, 2024, 6:00 PM City Council Chambers 2780 Kelley Parkway, Orono, MN 55356 Page 1 of 2 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 Mark McCutcheon, Dennis Libby, Jon Ressler, Bob Erickson, Ted Schultze and Gary Kraemer. Absent: None. Staff present: Community Development Director Laura Oakden, City Planner Melanie Curtis, and City Planner Natalie Nye. 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF AGENDA Ressler moved, Schultze seconded, to approve the Agenda. VOTE: Ayes 7, Nays 0. 4. APPROVAL OF PLANNING COMMISSION MEETING MINUTES OF JULY 15, 2024 Libby moved, Ressler seconded, to approve the minutes of the Orono Planning Commission meeting of July 15, 2024. VOTE: Ayes 7, Nays 0. 5. PUBLIC HEARINGS 5.1. LA24-000041, Ben Mayer, 2914 Casco Point Road, Variance The Planning Commission is requested to review the Staff report, receive a presentation, and discuss and approve an average lakeshore setback variance to construct a deck. Staff noted it would not increase the hardcover, still meets the 75-foot setback and neighbors were supportive. The Planning Commission discussed the item and asked questions of staff. The applicant did not speak. Chair Bollis opened the public hearing at 6:03 p.m. There were no public comments. Chair Bollis closed the public hearing at 6:03 p.m. Planning Commissioners said they were in support of the application as it met all requirements other than average lakeshore setback and did not impinge on the lake view of any neighbors. Kirchner moved, Libby seconded, to approve LA24-000041, 2914 Casco Point Rd., Variance as applied. VOTE: Ayes: 7, Nays 0. 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 3 Minutes Planning Commission Regular Meeting Monday, August 19, 2024, 6:00 PM City Council Chambers 2780 Kelley Parkway, Orono, MN 55356 Page 2 of 2 The Planning Commission is requested to review the Staff report, receive a presentation, and discuss and approve the preliminary plat and vacation request to re-arrange boundary lines between three existing properties that include two outlots. No new lots are proposed. A portion of one outlot would be combined with the buildable area of the existing house and an unused tennis court removed. The new boundary will correctly align with the road and the easements. The Planning Commission discussed the item and asked questions of staff and the applicants, George Stickney, 540 Indian Mound Street, and Mark Gronberg, engineer. 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. Planning Commissioners noted the vacation did not affect needed drainage or utility easements and there would be no increased risk of erosion. They characterized it as cleaning up boundaries and said the neighbors were supportive. Libby moved, Kirchner seconded, to approve LA24-000039, 1480 Bracketts Point Road, Variances, as applied. VOTE: Ayes: 7, Nays 0. 6. OTHER ITEMS Community Development Director Oakden updated the Planning Commissioners on actions taken in accordance with their recommendations by the City Council at the last meeting. She said the Council is looking at a Cannabis ordinance and continues to review possible changes to Average Lakeshore Setback. She reported that City Planner Nye has resigned and this would be her last Planning Commission meeting and the department would need to fill that position. 7. ADJOURNMENT Libby moved, McCutcheon seconded, to adjourn the Planning Commission Meeting at 6:22 p.m. to September 16, 2024. VOTE: Ayes 7, Nays 0. ATTEST: _________________________________________ Christopher Bollis, Chair 4 Date: September 16, 2024 Item: 5.1 Presenter: Melanie Curtis, Planner Section: Public Hearings Title: #LA24-000044, William Anderson, 1335 Briar Street, Variances, Public Hearing 1.Purpose: This application contemplates several variances to construct a detached garage on the property. 2.MN§15.99 Application Deadline: This application was submitted and considered to be complete on August 20, 2024. The 60-day review timeline will expire on October 19, 2024. 3.Background: There is no garage on the subject property; the owner proposes to remove the existing shed to construct a new, detached garage. The applicant also proposes a larger more functional 5’x10’ front stoop where the existing stoop is approximately 4.5' x 4.5'. The proposal requires the following variances: Front yard setback variance to permit the stoop to be expanded 22 feet from the front where 50 feet is required; Rear yard setback variance to allow a 5 foot setback for the garage where a 15 foot setback is required; Side street setback variance to the garage to be set 23.8 feet where a 50 foot setback is required; A side yard setback variance for the garage to be 5 feet from the lot line where a 10 foot setback is permitted; A variance from the 10-foot building-to-building setback to allow a 6.5 foot separation between the home and the new garage; and A hardcover variance to permit the changes to site resulting in a reduction from 42.5% to 39.3% where 35% is permitted. The complete project summary and full variance analysis is included in the Planning Report attached as Exhibit A. 4.Public Comment: The neighbor to the south, the Minnetonka Center for the Arts, provided comments which are attached as Exhibit H. 5.Staff Recommendation: Staff recommends approval with conditions, as noted in the Planning Report. 6.Planning Commission Action Requested: The Planning Commission should review the practical difficulties, if the Commission agrees with the findings, Staff recommends the Commission consider a recommendation for approval. AGENDA ITEM 5 Exhibits Exhibit A - Planning Staff Report Exhibit B - Application Exhibit C - Practical Difficulty Exhibit D - Existing Conditions Survey Exhibit E - Proposed Survey Exhibit F - Plans Exhibit G - Photos Exhibit H - Public Comments Exhibit H1 - MCA Grading Exhibit I - Map & Labels Exhibit J - Hardcover Calcs 6 Date Application Received: 08/20/2024 Date Application Considered as Complete: 08/20/2024 60-Day Review Period Expires: 10/19/2024 To: Chair Bollis and Planning Commission Members Adam Edwards, City Administrator From: Melanie Curtis, Planner mcc Date: 16 September 2024 Subject: #LA24-000044, William Anderson, 1335 Briar Street Variances Public Hearing Background The applicant does not currently have a garage and proposes to remove the existing shed to construct a new, detached garage. Also proposed is a new, larger front stoop 5’x10’ where the existing stoop is 5’x5’. The proposal requires several variances: front yard setback, rear yard setback, side setback, side street setback, hardcover, and building-to-building separation reduction. The 5,100 square foot (0.12- acre) property is quite substandard for the 2.0-acre RR-1B district where it exists. The small lot is subject to the larger 2.0-acre zone setbacks which eliminates the buildable area. The City Code includes setback exceptions for lots that do not meet the minimum 200-foot width standard in this district. Practical Difficulties Analysis Applicant Submittal Information: The applicant has identified the lack of garage and the substandard lot size as practical difficulties supporting the requested variances. 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: Staff finds that the absence of a garage on a property in Minnesota, where winter conditions can be severe, is a practical difficulty. Additionally, the property’s small size within the 2.0-acre district where large setbacks place a heavy burden creates additional difficulties. Staff finds there are significant practical difficulties that adversely impact the ability to develop the property commensurate with other properties in the same neighborhood. Application Summary: The applicant is requesting variances to construct a new front stoop and a detached garage on the property. Also requested is a variance to allow a 5.5-foot separation between the home and garage, where a 10-foot setback is required. Staff Recommendation: Planning Department Staff recommends approval with conditions. 7 PC Exhibit A FILE # LA24-000044 16 Sept 2024 Page 2 of 5 LOT ANALYSIS WORKSHEET Section 78-420 – Setbacks: RR-1B District Required Existing Proposed Front (Briar) House 50’ Garage 50’ House 22.6’ Shed ±81’ House/Stoop 22’ Garage 74’ Rear (west) House 50’ Garage 15’ House 26.2’ Shed 3.6’ House 26.2’ Garage 5’ Side Street (north) House 30’ Garage 30’ House 1’ Shed ±34’ House 1’ Garage 23.8’ Side (south) Garage 10’* House 23.9’ Shed 8’ House 23.9’ Garage 5’ *Setback Flexibility applied- Code Section 78-420(b)(1) Italics = nonconforming / Bold Italics = new variance required Section 78-420 – Lot Area/Width: RR-1B Lot Area Lot Width Required 87,120 s.f. (2.0 acres) 200’ Actual 5,184 s.f. (0.12 acre) 51.8’ Section 78-1403 – Structural Building Coverage: Total Lot Area Total Structural Coverage 5,184 s.f. (0.12 acre) Allowed: 2,000 s.f. * Existing: 1,197 s.f. Proposed: 1,595 s.f. *2,000 s.f. structural coverage allowed on lots <10,000 s.f. Code Sec. 78-1403 (a)(2) Section 78-1700 – Hardcover Calculations: Stormwater Overlay District Tier Total Area in Zone Allowed Hardcover Existing Hardcover Proposed Hardcover Tier 3 5,184 s.f. 1,814.4 s.f. (35 %) 2,202 s.f. (42.5%) 2,040 s.f. (39.3%) Applicable Regulations: Setback Variances (Section 78-420) As a corner lot, the narrower street frontage is defined as the “front” for regulatory purposes. A new, larger stoop is also proposed. The proposed stoop is on the Briar Side of the home and is proposed to be at the same setback as the existing stoop, approximately 22 feet from the front lot line where a 50- foot setback is required. The proposed stoop will be approximately 3 feet wider on the Prospect Avenue side than the existing stoop and will also widen to fill in the approximate 2-foot gap on the south side of the stoop. The new stoop will be 4.97 feet from the side street where a 50-foot setback is required for principal buildings. Based on this lot’s substandard width, the setback flexibility [Cite: Sec. 78-420(b)(1)] applies to the interior side yard setback (south lot line) for the detached garage. Applying the setback flexibility reduces the setback for the garage to 10 feet (as opposed to the 15-foot side setback), 30-foot side street setback, and 15-foot rear setback. The applicant proposes to place the 483 square foot (21’ x 23’) garage 5 feet from the side, 5 feet from the rear, and 23 feet from the side street lot line, requiring variances. The garage’s proposed proximity to the property lines and the home may trigger higher 8 FILE # LA24-000044 16 Sept 2024 Page 3 of 5 building code standards for fire protection. The Building Official will review this at the time of the Building Permit plan review. The proposed grading plan and the need for additional drainage improvements will be reviewed by the City’s engineer at the time of the Building Permit plan review. Building Placement/Separation (Section 78-1438) Because of the small lot area, a variance to allow a reduction of the required 10-foot separation between buildings is also included. The applicant is proposing an approximate 5.5-foot separation between the garage and the home. Hardcover Variance (Section 78-1700) The property is within Tier 3 of the Stormwater Quality Overlay District which limits the hardcover on the property to a maximum of 35%. Although the proposal results in a reduction in hardcover from 42.5% to 39.3%, a 162 square foot decrease, a hardcover variance is required. Governing Regulation: Variance (Section 78-123) In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. §216C.06, subd. 14, when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. According to MN §462.357 Subd. 6(2) variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance. The applicant is proposing to construct a detached garage and expanded front stoop on a residential lot which is consistent with the intent of the Ordinance. The setback variances are consistent with the general intent of the Ordinance. The variances requested to allow construction of the detached garage and expanded front stoop within the front, side, side street, and rear yard setbacks are reasonable considering the extremely limited buildable area of the property. The hardcover variance resulting in a reduction is also necessary. 2. The variance is consistent with the comprehensive plan. The variances supporting residential improvements within a residential zone are consistent with the Comprehensive Plan. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The applicant’s proposals for an expanded front stoop and detached garage are reasonable on the residentially zoned property. The setbacks result in no buildable area on the site. b. There are circumstances unique to the property not created by the landowner; The owner did not create the difficulties on this property; and c. The variance will not alter the essential character of the locality. The proposed improvements will not adversely impact the character of the neighborhood. 9 FILE # LA24-000044 16 Sept 2024 Page 4 of 5 Additionally, City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination. 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 17, when in harmony with Orono City Code Chapter 78. This condition is not applicable. 6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located. This condition is not applicable, as residential improvements are allowed on a residential lot within the RR-1B District. 7. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. This condition is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The 2-acre district setbacks applied to the small property eliminate all buildable areas. Some of the properties in the immediate neighborhood have the same setback burden. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The challenge of the substandard lot size within the 2-acre zoning district is shared by the immediate neighborhood, however, is relatively unique within the RR-1B zoning district. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. There is no legal buildable area on the property. Without variances the property is unbuildable. The absence of a garage or covered parking area is a difficulty, particularly during the harsh Minnesota winters. The variances are necessary for the preservation and enjoyment of the applicant. 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 of the requested variances would not impair health, safety, comfort or morals and would be in keeping with 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. The variances are necessary and are not merely for convenience. The property is unbuildable without variances. 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 Minnetonka Center for the Arts (MCA) abuts the subject property on the south. We received comments from MCA’s Director, Roxanne Heaton, expressing concern about the preservation/protection of their existing amur maples and drainage swale near the applicant’s property. Please read the comments attached as Exhibit H. No additional public comments have been received. Issues for Consideration 1. Does the Planning Commission find that the property owner proposes to use the property in 10 FILE # LA24-000044 16 Sept 2024 Page 5 of 5 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. In light of the comments from the MCA, and considering the proximity of the proposed garage to the property lines, are there opportunities to reasonably mitigate any negative impacts resulting from the garage location? 4. Are there any other issues or concerns with this application? Planning Staff Recommendation Planning Staff finds that the site is substantially encumbered by the RR-1B district setback requirements and supports reasonable accommodations/variances to allow a garage to be constructed on the property. Care should be taken during construction to avoid adversely impacting the adjacent properties, particularly those areas identified by the MCA. The Planning Commission should review the supporting practical difficulties findings, if the Commission agrees with the findings, an approval recommendation would be appropriate. 11 Land Use Application Summary Application Date:08/20/2024 Address:1335 Briar ST Orono, MN 55391 Parcel Number:1011723310057 Land Use Number:LA24-000044 Application Submitted By:Property Owner Owner:Name: WILLIAM IAN ANDERSON ETAL Address: - William Anderson Applicant:Name: William Anderson Company: Address: 1335 Briar street Wayzata, MN 55391 williamiananderson@gmail.com Contact Information:Associated Contact: Associated Contact: Associated Contact: Associated Contact: Project Description:Building a garage Land Use Application Type:Amendmend Application Appeal of Admin Decision Concept Application Conditional Use Permit Site Plan Application Subdivision Application Subdivision Exception Vacation Application Variance Application Applicant Signature: 12 PC Exhibit B PRACTICAL DIFFICULTIES DOCUMENTATION FORM LA24-000044 1. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter. Response: Correct, this property and the setbacks it is supposed to adhere to would make it impossible to build a garage on the property because of the lot size. I believe it is reasonable to want a garage. 2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. Response: Correct, the lot size is too small to adhere to the setbacks. 3. The variance, if granted, will not alter the essential character of the locality. Response: Correct, there are various other residences in the neighborhood with detached garages on small lots, so a garage on this property would be uniform. 4. Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter. Response: Correct. 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: Correct, this property is on a very small lot. 9. The conditions do not apply generally to other land or structures in the district in which said land is located. Response: Correct 13 PC Exhibit C 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Response: Correct, it is reasonable to want a garage in Minnesota, with the winters being below zero at times. 11. The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code. Response: correct, it will not impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the zoning code. 12. The granting of such variance will not merely serve as a convenience to the applicant but is necessary to alleviate demonstrable difficulty. Response: Correct, in states where the winter is harsh, people should be able to have garages. 14 15 PC Exhibit D Existing Conditions Survey 16 Side Street SideRear FrontProposed Conditions Survey PC Exhibit E 17 PC Exhibit F NOTE: The standard Menards plans require "even numbered" dimensions, the Applicant will be constructing a garage consistent with the design of this plan set, but the dimensions will be customized to: 23' x 21', not 24'x 22' as drawn. 18 23' 21' 19 20 21 Aerial Photo 22 Minnetonka Center for the Arts PC Exhibit G Subject Property 23 Facing South from Prospect Avenue 24 Shed to be removed 25 Prospect Avenue Briar Street Facing SW 26 Facing West Approximate Property Line Minnetonka Center for the Arts'Swale and Amur Maple Trees 27 From:Minnetonkaarts To:Melanie Curtis Subject:Re: 1335 Briar St / LA24-000044 Date:Friday, September 6, 2024 2:32:08 PM Hi Melanie, Thank you for sharing this information. We do have a couple of concerns so I submit the following for the record: 1. I am questioning the wisdom of granting a hardcover variance given the significant drainage issue we had when constructing our new building. As your records would show, we went to great lengths to manage the stormwater and were required to change the grading and install drain tile the length of the property line in order to manage the flooding we experience during construction. I am concerned that work will be compromised if there is additional runoff. 2. I also need to object to moving a structure closer to the property line and in such close proximity to the lovely Amur Maple tree at the property line. From what I can tell, this would require significant pruning of the tree and the overall health of the tree will be compromised by that and the impact of a structure over the root system. This tree is essential to maintain the continuous line of trees along this property line and the street which is an important component of our plans for this part of our landscape. I can certainly appreciate our neighbor's need to build a new garage but I would ask, respectfully, for them to revisit their plans in order to avoid the negative implications for the Art Center. Best, Roxanne On Tue, Sep 3, 2024 at 2:38 PM Melanie Curtis <MCurtis@oronomn.gov> wrote: Roxanne As discussed, please see the attached plans for the variance request at 1335 Briar Street. Note that the footprint dimensions shown on the survey are the correct dimensions. The proposed garage is 23’x21’. The attached plans represent the building design. Please submit any concerns, comments, or questions about the proposed plan to me by or before September 11 to ensure they will be included in the public planning commission packet. Also, the City has individual property file history on our City website, or Public Records Page. Previously, these records were only available by visiting City Hall in person. 28 PC Exhibit HComments from Minnetonka Center for the Arts For your convenience, this LINK will take you directly to Laserfische. You can search City Council and Commission meeting agendas and minutes as well as ordinances, and resolutions. For individual property information select property files, which are organized alphabetically first by street name then address. From there you can search the address file for permit information, surveys, and other correspondence. The building permit information can be found on our website in two different locations: Laserfische permit records reflect permits issued prior to mid-2018; Permits issued beginning mid-2018 will be found in citizenserve (permit search instructions are found here). If you have any questions or need help accessing the information please reach out to me or Katie. Katie Fitzsimmons, Planning Assistant: 952.249.4620 / kfitzsimmons@oronomn.gov Melanie Curtis, Planner 2750 Kelley Parkway, Orono, MN 55356 Website: www.oronomn.gov Email: mcurtis@oronomn.gov Direct 952.249.4627 Planning & Zoning Department 952.249.4620 29 -- Roxanne L. Heaton Executive Director 2240 North Shore Drive Wayzata, MN 55391-9347 952-473-7361 ext.150 Website | Facebook | Twitter | Instagram 30 96j_ Mimeapolfa,MN 55402 J / Phone: 612.338.0713 J FacsimYie:612.337.5325f1i. , a i _ _ W a.wnni Nw lT`j — — / f'` x oslund.and.assoc i , r / %i y / n 115 Wastdnyta Ave.N M6ineapobs,MN 55401 J'`°/ o / 1\ I Pha e: 612.359.9144i i 96' 1 J NOTES: F:s z.ass.sszs J 1 1 I` I I C _ -- 1 , . ;,.,_. 11 L EROSION CONTROI SHALL BE IN PLACE PRIOR TO1II . Y; {-4 1. I THE COMMENCEMENT OF qNY GRADING. E98O M@CII8OIC8I i I 1 I I ,I I t" -- - 2. CONTOURS AND SPOT ELEVATIONS ARE TO FINISHED CO(1'dCt0 5,MC r- ,, - - /I/ll / 1 J _ v_` 4 J W I GRADE. 7100 Medicine Lake Rd. IG'u I\\ I Mimeapolis.Mn 554275 o s\ W 3. DOOR THRESHOLDS ARE ALL TO 8E HANDICAPPEDj ACCESSIBLE ELEVATIONS AT DOORS SHALL BE NOI i I GREATER THAN 1/2 INCH BELOW THE FINISHED FLOOR e' •4131s FacsNnilie:763.591.5532i / I /r t;. .I n ELEVATION. I;. 4 4' .- 4s t I v l 4. GRADE AT THE BUILDING IN PLACES OTHER THAN S E nj3IDOORLOCAiIONSSHALLBEUPTO4INCHESBELOW RN WAT82 I I I - I . F e" =" I FINISHED FLOOR ELEVATION AND NO HIGHER .THAN t/2 I A m. I I t TM' I INCH BELOW FINISHED FLOOR ELEVATION. Minnea polis,MN 554731I 't t ;I•_ I 5. EROSION CONTROL IS TO BE MAINTAMED UNTILPROPOSEDBUILDING l .1 '1 1 4 !:• t`` y Plta ec 612.678.0321 j` c 1' LL I ANDSSURFACOINGSSCESTAB ISHED. D NEW VEGETATION F y:612.676.1624 lI o o I ! ' 1 w I 6. ALL DISTURBED AREAS DUE TO CONSTRUCTION Landscape Architect Seal C ;' a I CONIDITION. H PARTICULAR CARETSOHOULD BESTAK N INEIhIIPLACEMENTOFSTORMPIPEOUTLETFROMPONDTOH I THE NORTH TO DISTURB AS FEW EXISTING TREES ASJ I POSSIBLE AND RSTORE ALL AREAS TO SATISFACTORYPnsx o, j CONDITION. a n i / ^ _ _ i I 7 STATE LAW REQUIRES NOTIFICATION OF GOPHER y,° 0"` w ED UNS 1NG Y 1 I ONE CALL 48 HOURS PRIOR TO BEGINNING OF WORK.yy,y,yM F CALL 651-454-0002 FOR LOCATION OF UTILITY OWNED tewaenrsirsawr...w. i I LINES. PRIVATE UiIUTY LINES WiLL NOT BE LOCATED I S o s / AS PART OF GGPHER ONE CALL BUT CAN BE LOCATED j lf_j r r P BY A CONTRACT LOCATOR OR OTHER SUITABLE MEANS. II ' d U ILITY LINES IPRIOR T0 CONSTRUCT10NAnNG ALL y ' N Ii ,e°' 6 m e y f Ip yt { Ir C I ( TM') (ROC lti C l lti l' l n n aw a I ll J I R m N 9 aw. I y,e e 1 r WO q6M1 70 eL_, POtd. F'9NU. HU9 1 / e r^C 1 i Na.+ s+ I i a„ I 6 :: F. i J 4 I c/— ' 1 , Z m 6 r nwia i lA I ° ry. " O W o a_e _ —_—__— 6• E" m m °tpM1IYiLC ^^ I J H SC A~ IZt ` N(V i_ '_ _ _ p Z z° m . J,6>-y, / o '', ELEGEND• O L N m J e ,/ O EDGE OF XPROPERTYAA NDAEXISTiNG ROAD NOI H SHORE DRIV - ` MARK DATE ESCRIPTION sey 9 MR Const.Doc. 02-23-2001 GRADING AND NORTH STORMWATER PLAN SCALE: 1" = 30'-0'31 PC Exhibit H-1 1335 Briar St JUN.6'2002 10:31 763 287 5457 MA MORTENSON CO 2010 P.002/006 a li l0'iYYi YI.F ••^ ••.••-. • . 06/i/OCZ 12:os Nc s,Qasoo aa oswxn,euvn.ssoc t oa r I 1 u I ST+c« v P.foar s D ' 5oc o'noM o s1R S.f.Ne,.s.. 1 oE 1 r.xX,srZ i r M Ki'E lile lvw O 1 I C VI> 1 IbbN'Rk I 1k E 4 COtq i uF St 4E x- a t' t s+N. I 0 I 8P ic. `k S=Gs- s ' 1 ti W t.l. PA 1' f T A1S I s,jrRb,d V / I I Q i r r I I s I I r e I r . 1 T_._:-= b r.-- r , C .. I._ ,._.. r i .r' k 1 32 1335 Briar St f. 11 1 i 1 1 • 11 11 • i i _ ; i i r, r.i,;.".- i.. I 1`, / I Cl...l r i;, ,.... I, r,. % i i.' 1 Y r, i i r, t -,. ji/,., I, ;f•-,. i- 1'7' I j,/L ' 1 j/i i'i r %, 1,, ya , ti a, 1 1 1?\ ti `f"* 1;jf%// i i i J 4•• i;s..^1!.? i- ''!• t ti •• y ' +f j , i r ' r`' ' .r M-t f' r w 1). R ._ 11 ` 1 ,+,n ' -.'.'s r-:, = y~'-` . i;r--- r..• G j -_- - -IIi I iI'r / T' ..' ii. I, _ _ 33 f • 11 1 1 1 ' 11 . 11 • i 4 7 1- V d V r i r f' f` i i r, i ii'. j 1 r a 1 t 1, A ,• ,; r f" I/1 u 1!lfl l"`.a+ifr s.`r V I t _ I r• i .,r !, 1'- j i i I i1 ii 1 :i 1 i I;.I i' I I F I.` 34 1335 Briar St 11 11 11 7. t%.---, i. i-' i - _ ' '•./: i ,_ . i%i 1 i ,., ..-_ , _ _ _ .. .r 1 ii;.•. . - , i- .r. - l'I Y.—.. J i:tt ;;,>; ruI "' / /// i y j. - 1i ,, r' I i<,aI _ . r ,. J f1i`' 1 rI 1fl L f s``s r ` ,f r s j ,.\\\,\\, EFs 1 ri J!I,l'd,G—. s t/vI-v vr j I • M '! i L«,1 ;:•~*` t={ y--- ' ... y j , iir % . ', 1.r %o_ %j I _ 1 O r t r - J? i I . F a !, I' ' i 1 J f\1. II I I I 1, 1 i'r —* / I. , y 'T t=- , ,:r..ii' , J t, 1 `, 1 35 1335 Briar St MAY.17'2002 11:49 763 287 5457 MA MORTENSON CO 1466 P.005/005 1 a 3 36 Hennepin County Locate & Notify Map 1335 Briar St 0 200 400100 Feet Date: 8/26/2024 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 37 PC Exhibit I 38 10-117-23 23 0004 WILLIAM BALL III/ERICA BALL 1300 FRENCH CREEK DR WAYZATA MN 55391 38 10-117-23 31 0016 KYLA & CASEY HUDSON 2150 PROSPECT AVE WAYZATA MN 55391 38 10-117-23 31 0017 MICHAEL & MELISSA MADDIE 2160 PROSPECT AVE CRYSTAL BAY MN 55323 38 10-117-23 31 0018 MATTHEW R WHITE 2170 PROSPECT AVE CRYSTAL BAY MN 55323 38 10-117-23 31 0019 DONALD & KATHERINE J BECKER 2180 PROSPECT AVE WAYZATA MN 55391 38 10-117-23 31 0028 SAMUEL REED ALLSUP TAYLOR ASHLEY ALLSUP 1290 ARBOR ST WAYZATA MN 55391 38 10-117-23 31 0029 CHRISTOPHER S PAUL JULIE R PAUL 1270 ARBOR ST WAYZATA MN 55391 38 10-117-23 31 0032 F P PETERSON P O BOX 164 CRYSTAL BAY MN 55323 38 10-117-23 31 0033 STEVEN & SARAH RICHARDSON 1271 ARBOR ST WAYZATA MN 55391 38 10-117-23 31 0034 C J & J L ALBRECHT 1285 ARBOR ST WAYZATA MN 55391 38 10-117-23 31 0035 MARK E JOHNSON EMILIE COLE JOHNSON 1295 ARBOR ST WAYZATA MN 55391 38 10-117-23 31 0036 MARCUS J & JUDY A BLUE 2160 CRYSTAL AVE WAYZATA MN 55391 38 10-117-23 31 0037 KELLY J WINGER 1290 BRIAR ST WAYZATA MN 55391 38 10-117-23 31 0038 JOHN C RANGE P O BOX 105 CRYSTAL BAY MN 55323 38 10-117-23 31 0039 LAURIE A PEARSON-CASHIN SEAN P CASHIN 1250 BRIAR ST WAYZATA MN 55391 38 10-117-23 31 0042 ZACHARY RYNDERS 1261 BRIAR ST CRYSTAL BAY MN 55323 38 10-117-23 31 0043 SHANE SAMUEL SETH SEGNER 1291 BRIAR ST WAYZATA MN 55391 38 10-117-23 31 0044 J A GERBER TR/P C REITAN TR PO BOX 74 CRYSTAL BAY MN 55323 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 0057 WILLIAM IAN ANDERSON ETAL 1335 BRIAR ST WAYZATA MN 55391 38 10-117-23 31 0058 AARON H PRINTUP 2195 PROSPECT AVE P O BOX 104 CRYSTAL BAY MN 55323 38 10-117-23 31 0097 VILLAGE OF ORONO P O BOX 66 CRYSTAL BAY MN 55323 38 38 10-117-23 31 0098 MSSP ORONO LLC ATTN RAJIV GARG 855 VILLAGE CENTER DR #382 ST PAUL MN 55127 38 10-117-23 31 0101 CITY OF ORONO BOX 66 CRYSTAL BAY MN 55323 38 10-117-23 31 0102 ROBERTA JEAN ROTH P O BOX 159 CRYSTAL BAY MN 55323 38 10-117-23 31 0103 EMILY K FISCHER 2140 PROSPECT AVE WAYZATA MN 55391 38 10-117-23 32 0005 STANFORD CLINTON JR MARY CHRISTINE CLINTON 36 SLIPPERS LANE CODY WY 82414 38 10-117-23 32 0007 BRIAN P OCONNELL LYNNE M RASMUSSEN 1285 FRENCH CREEK DR WAYZATA MN 55391 38 10-117-23 32 0008 JOHN M BRYANT 1345 FRENCH CREEK DR WAYZATA MN 55391 38 10-117-23 32 0019 MINNETONKA CTR FOR THE ARTS 2240 NORTH SHORE DRIVE WAYZATA MN 55391 38 10-117-23 33 0006 GREGG W/DENISE E STEINHAFEL 2265 NORTH SHORE DR WAYZATA MN 55391 39 5184 2202 42.5 40 PC Exhibit J 2055 15 2040 5184 39.3 41 From:Aaron To:Melanie Curtis; Christopher Bollis; Scott Kirchner; jonressler@outlook.com; Bob Erickson; Dennis Libby; Mark McCutcheon; Gary Kraemer; tedmschultze@gmail.com Cc:williamiananderson@gmail.com; Denny Walsh Subject:1335 Briar St. Variance Date:Saturday, September 14, 2024 8:41:21 PM Hello Planning Commission and Orono City Staff: Finally, a reasonable variance request for much needed garage and improvement of front stoop. My name is Aaron Printup and I am William's next door neighbor. I have lived right next to this property and have known the 3 families that have lived there as my next door neighbors. However, I also lived in Crystal Bay, about four houses up the street, my entire life and have known of all the people who have lived at that property for many years. You already know how difficult it is to make any improvements in Crystal Bay. This request is an example of how an Orono small lot can have SO much improvement with very little to no impact to any neighbor. I can remember when the Art Center was rebuilt. There were major water control issues that affected the applicants property and my property (different owners then). Those issues were fixed and the flooding that took place was mitigated a bit. Then, around May 2014 we had A LOT of rain. Our backyards became like lakefront (I sent pictures to Mike Gaffron). Later, just a few winters ago we had crazy warm weather and rain but still had a lot of snow and frozen ground. Again, a lot of water in the back yards with nowhere to go. During those times the homeowners and I worked together and got water moving to the streets and away from the properties. That is what we do, we help each other. Bottom line, I worry about water control. I am Not worried about the garage affecting that. I am so happy to see this garage and front stoop application. That property has begged for those improvements since I can remember. Thankfully, we are down-hill from the Art Center and any run-off that would happen from the garage would just flow down the driveway away from the Swale and draintile the Art Center used to mitigate their water. These issues of run off have always been a concern of ours to the extent that when Briar St. and Prospect Ave. were rebuilt I would repeat myself to Public Works to be careful of what might be under the pavement to move water from the swales to the culvert down the street. Expanding the front stoop will be a great and safe improvement. Much better than the sidewalk that used to go to Briar St. and the asphalt slab that was also off of Briar St. running around the house many, many, many years ago. The Amur Maples that line the property have matured nicely. The canopy they provide is so thick that when it rains you can literally stand below and not get wet. It should be noted that when I was studying "living walls" I discovered the State of Minnesota has listed the Amur Maple as invasive. They are certainly resilient and the garage won't affect the root system. Thank you for all you do and I fully and completely support this application. Sincerely, Aaron Printup 2195 Prospect Ave Date: September 16, 2024 Item: 5.2 Presenter: Melanie Curtis, Planner Section: Public Hearings Title: #LA24-000043, Archos Architecture & Design PA, 1760 Shadywood Rd, Variances, Public Hearing 1.Purpose: This application contemplates setback and hardcover variances in conjunction with a 2nd story addition over the nonconforming home footprint and a garage addition. 2.MN§15.99 Application Deadline: The application was submitted on August 19, 2024, and considered to be complete on September 5th. The 60-day review period will end on November 4, 2024. 3.Background: The applicant is requesting the following variances in order to conduct a major remodel/possible reconstruction of the home: A side yard setback variance to permit a 2nd story setback 5.3 feet from the property line, above the home at the existing nonconforming setback; Average lakeshore setback variance to allow the 2nd story of the home to encroach 2.5 feet lakeward of the ALS over the existing footprint; 75-foot lake setback variance to allow the 2nd story of the home to encroach approximately 2.5 feet into the lake setback over the existing footprint; and A hardcover variance to support the project including a footprint addition and reorientation of the driveway resulting in a reduction: 27.7% hardcover where 29% exists and 25% is permitted. A detailed summary and analysis of the variances is included in the Planning Report attached as Exhibit A. 4.Public Comment: Comments from the public were received and are attached as Exhibit L. 5.Staff Recommendation: Staff recommends denial as proposed. The proposed home and new encroachments can be shifted south and west to conform to all setbacks. 6.Planning Commission Action Requested: The Commission should consider one of the following motions: 1. Approval as applied. 2. Denial as applied. 3. Table the application and provide direction to the applicant for a redesign. AGENDA ITEM 42 Exhibits Exhibit A - Planning Report Exhibit B - Application, Narrative + Current Owner Signature Exhibit C - Practical Difficulty Exhibit D - Existing Conditions Survey Exhibit E - Proposed Site Plan Exhibit F - Plans Exhibit G - Building Overlays Exhibit H - Building Photos Exhibit I - Hardcover Calcs Exhibit J - Aerial Photos Exhibit K - Staff Annotated Plan Exhibit L - Neighbor Comments Exhibit M - Map & Labels 43 Date Application Received: 08/19/2024 Date Application Considered as Complete: 09/05/2024 60-Day Review Period Expires: 11/04/2024 To: Chair Bollis and Planning Commission Members Adam Edwards, City Administrator From: Melanie Curtis, Planner mcc Date: 16 September 2024 Subject: #LA24-000043, Archos Architecture & Design PA, 1760 Shadywood Rd, Variances Public Hearing Background On behalf of the new owner of the property, the applicant requests the following variances in conjunction with a major renovation / rebuild of the home on the property: • Side yard setback variance to permit a 2nd story setback 5.3 feet from the property line, above the home at the existing nonconforming setback; • Average lakeshore setback variance to allow the 2nd story of the home to encroach 2.5 feet lakeward of the ALS over the existing footprint; • 75-foot lake setback variance to allow the 2nd story of the home to encroach approximately 2.5 feet into the lake setback over the existing footprint; and • A hardcover variance to support the project including a footprint addition and reorientation of the driveway resulting in a reduction: 27.7% hardcover where 29% exists and 25% is permitted. Application Summary: The applicant is requesting setback and hardcover variances to support a major renovation/rebuild of the home on the property. Staff Recommendation: Planning Department Staff recommends denial as applied. 44 PC Exhibit A FILE #LA24-000043 16 September 2024 Page 2 of 5 Practical Difficulties Analysis Applicant Submittal Information: The applicant has identified the location of the existing improvements and nonconforming lot size as a practical difficulty supporting the requested variances. 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 the nonconforming size and width of the property, the angle of the 75-foot setback across the property, and the existing improvements create difficulties for development. However, staff finds there is a conforming building envelope available to support the desired home footprint. The applicant’s proposal to construct the 2nd story addition within the side setback is not reasonable. The applicant should explore options that will not adversely impact the northern neighbors’ access to sunlight. The 2nd story addition could be shifted south to meet the setback, or since the project may require removal of the foundation, the entire home could be moved to the south approximately 2.5 feet to eliminate the substandard side yard setback. Moving the home footprint would also provide an opportunity to eliminate the existing and proposed structure within the lake and average lakeshore setbacks. The hardcover proposed to serve the new, 2-car garage should also accommodate the required turnaround due to the property access on Shadywood Road/CSAH 19 (Cite Code Section 78-1681). The applicant should demonstrate that. As designed, the driveway allows space to maneuver vehicles to “front out” onto Shadywood Road. Sliding the home footprint 2.5 feet to the west would also provide a small reduction in the driveway hardcover. LOT ANALYSIS WORKSHEET Section 78-350 – Setbacks: LR-1C DISTRICT Required Existing Proposed Rear/Street 30’ 6.4’ house w/ connected garage 38’ house w/ addition North Side 7.5’ 5.3’ 5.3’ South Side 7.5’ 20.2’ 9.3’ Lakeshore 75’ 72.5’ house 63’ deck 72.5’ house 65.3’ deck Average Lakeshore A small portion of the existing home encroaches about 2.5 feet lakeward of the average lakeshore setback; the second-story addition is proposed to encroach the same amount. Section 78-350 – Lot Area/Width: LR-1C DISTRICT Lot Area Lot Width Required 21,780 s.f. (0.5 acres) 100’ Actual 10,965 s.f. (0.25 acre) 64’ @ 75’ / 64’ @ OHWL Section 78-1403 – Structural Building Coverage: Total Lot Area Total Structural Coverage 10,965 s.f. (0.25 acre) Allowed: 2,193 s.f. (20%) Existing: 2,158 s.f. (19.6%) Proposed: 2,160 s.f. (19.6%) 45 FILE #LA24-000043 16 September 2024 Page 3 of 5 Section 78-1700 – Hardcover Calculations: Stormwater Overlay District Tier Total Area in Zone Allowed Hardcover Existing Hardcover Proposed Hardcover Tier 1 10,965 s.f. 2,741 s.f. (25 %) 3,178 s.f. (29%) 2,995 s.f. (27.7%) Applicable Regulations: Side Yard Setback Variance (Code Section 78-350) The applicant is proposing a footprint addition and 2nd story addition (over the existing home). The existing home is situated within the required 7.5-foot side yard setback, as close as 5.3 feet. State Statute and City Code permit reconstruction of existing, legally nonconforming buildings to be reconstructed in kind. This project may or may not involve the complete removal and reconstruction of the existing home including the foundation (which is permitted). The proposed massing expansions within the substandard side yard setback (and lake and average lakeshore) associated with the 2nd floor addition require variances. Lake Setback and Average Lake Setback Variances (78-1279) The northeast triangle of the home on the lake side is located within 75 feet of the lake and is lakeward of the average lakeshore setback line. Approximately 265 square feet of the existing lakeside deck is also within the 75-foot setback. The applicant is proposing the second story over the footprint of the existing home, including the nonconforming portion within the lake and average lakeshore setbacks. The deck on the proposed plan will be reconstructed and the footprint will be reduced. Hardcover Variance (Code Section 78-1700) The applicant is removing the existing 624-square-foot garage (including the connecting tunnel), and some of the driveway hardcover in the street yard. The proposed change to the building coverage on the property does not increase the structural coverage level. The garage addition results in 19.6% structural coverage where 19.6% currently exists; 20% is the maximum structural coverage level permitted. The hardcover change proposed is a 183 square foot reduction overall; 27.7% hardcover is proposed, a reduction from the 29% existing condition. Governing Regulation: Variance (Section 78-123) In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety, and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. §216C.06, subd. 14, when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. According to MN §462.357 Subd. 6(2) variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance. The requested setback variance to construct a second story over the existing home with a 5.3-foot setback from 46 FILE #LA24-000043 16 September 2024 Page 4 of 5 the side property line may not be reasonable as the massing and shadowing effect resulting from the increased building mass/height in the substandard setback will exacerbate the existing condition. This criterion is not met. 2. The variance is consistent with the comprehensive plan. Generally, variances allowing additions to an existing home in a residential zone would be consistent with the Comprehensive Plan. However, the setback variances to permit the second story to increase the volume of the home within substandard setbacks may adversely impact the neighboring property to the north and therefore would be inconsistent with the comprehensive plan. This criterion is not met. The resulting hardcover reduction would be a benefit of the project. 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 applicant’s request to permit an upward expansion of the existing nonconforming footprint within the side, lake, and average lakeshore setbacks is not reasonable as there is an adequate building envelope available. A conforming addition would be permitted. b. There are circumstances unique to the property not created by the landowner; The lot size and the location of the existing improvements on the property were not created by the owners; and c. The variance will not alter the essential character of the locality. The requested variances will result in the home being out of character with the neighborhood based on the scale and proximity to the northern lot line. The new encroachments resulting from the second story of the home will create additional massing resulting in further reduction in access to sunlight for the northern neighbors and may alter the character of the locality. This criterion is not met. The proposed hardcover reduction provides a benefit to the lake. 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 c ondition is not applicable, as a residential 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 lot size, home location, and hardcover level are existing conditions that are not uncommon in the immediate neighborhood. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The location of the home and the hardcover level are existing conditions that are not unique to the property. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Substantial property right is provided by the principal structure. The proposed upward expansion of the existing nonconforming home into the side, lake, and average lakeshore setbacks is not a right, however, the property has a reasonable building envelope that will support the project in a conforming location. Expanding the home into a setback area with the 47 FILE #LA24-000043 16 September 2024 Page 5 of 5 proposed hardcover level is not a right. 11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. Granting the requested variances to expand the mass of the home within the setbacks is 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 currently requested variances are not necessary and will merely serve as a convenience to the owners. The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Public Comments To date, no public comments have been received. Issues for Consideration 1. Does the Planning Commission find that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? 2. Does the Planning Commission find that the variance(s), if granted, will not alter the essential character of the neighborhood? 3. Does the Commission find it necessary to impose conditions to mitigate the impacts created by the granting of the requested variance(s)? 4. Are there any other issues or concerns with this application? Planning Staff Recommendation Staff recommends the applicant redesign the plan to relocate the entire home footprint including the new expansions within the allowed setbacks. Staff can support the variances to reconstruct the smaller deck (as proposed) in conjunction with a conforming house footprint. A hardcover variance may still be required; however, the resulting hardcover level will be much more appropriately scaled for the property and the area. Planning Staff recommends denial as proposed. 48 Land Use Application Summary Application Date:08/19/2024 Address:1760 Shadywood Road Orono, MN 55391 Parcel Number:1711723210022 Land Use Number:LA24-000043 Application Submitted By:Agent on behalf of property owner Owner:Name: DAVID H EISS Address: - Billy Turner Applicant:Name: Mike Eckardt Company: Archos Address: 1039 Nebraska Ave W St Paul, Mn 55117 eckardtmike360@gmail.com Contact Information:Associated Contact: Associated Contact: Associated Contact: Associated Contact: Project Description:Addition with Variances 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: 49 PC Exhibit B 1039 Nebraska Avenue West (c) 651-245-8401 St. Paul, MN 55117 eckardtmike360@gmail.com Archos Architecture Design, P.A. August 21, 2024 City of Orono Planning & Zoning Office 2750 Kelly Parkway Orono, MN 55356 Melanie Curtis, City Planner This letter is to inform you of a proposed Addition and Remodel to an existing one story, single-family residence at 1760 Shadywood Road, Orono, MN. The Owner; Billy Turner will be seeking a Variance for the following: 1. North Side Yard Setback, 57 sf. 2. Second Floor, Lakeshore Side Variance (Lake Minnetonka), 33 sf. 3. Impervious Hardcover, reduce the current area that exceeds the requirement, 295 sf. (including Excludable Hardcover) The existing Home is non-conforming to the City of Orono Setback and Impervious Hardcover Area requirements. 1. The existing attached Garage, Rear Lot (Shadywood Road), 490 sf. 2. The existing House, Side Yard (North) Setback, 57 sf. 3. The existing House, Lakeshore (East) Side, 33 sf. 4. The Impervious Hardcover exceeds 25%, 524 sf. (including Excludable Hardcover) The Owner plans to Demo the existing non-conforming Garage and tunnel, add a new Garage at the First Floor, add a new Main Entry Foyer, add a Second Floor over the existing Home’s First Floor footprint and new Garage. We are applying to the City of Orono for Site Plan Review, a Variance request asking to build over existing non-conforming building footprint and maintain the existing Impervious Hardcover. All other Additions and Remodels will comply with City Requirements. The Homeowner is closing on the purchase of the home today. It has been Billy Turner’s dream to live on Lake Minnetonka. He is a recently retired professional athlete looking to set down roots to Orono. The Home is very small and needs a new Kitchen, Baths, Mud Room and Bedrooms. We have taken great care in designing the Home to fit his needs and preserve the Shoreland District standards. Without a Variance, the Owners would be unable to add, remodel or improve their Home due to the nonconformity of the original Home’s placement. Thank you for the opportunity to present the plans to the City of Orono Planning Commission for this Variance request on behalf of Billy Turner. We hope you agree with our Proposal and look forward to your comments and determinations. Michael J. Eckardt, Architect/ Authorized Agent Archos Architecture & Design, P.A. 50 51 PRACTICAL DIFFICULTIES DOCUMENTATION FORM LA24-000043 1. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter. Response: Yes. His Home. 2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. Response: The circumstances are pre-existing conditions created by the previous Owner. 3. The variance, if granted, will not alter the essential character of the locality. Response: The property will be the Owner’s new Home. The existing structure was built at a time when the setbacks were less restrictive. The resulting Home will be designed to be in harmony with other Homes in the neighborhood. Because the Lot is of similar size than the adjacent properties, the Home will be of similar size and height. The resulting square footage of the Home will be less than new home construction if this home was torn down and rebuilt. 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 being able to build over all the footprints significantly limits the total living space for the Home. Because majority of the existing Garage is not located in the require setback, adding over that structure is not a reasonable variance request. The proposal calls to demo the existing Garage and tunnel. The Garage will be rebuilt within the required Setbacks and attached to the existing House. The Home will get a new Main, front Entry, creating a more welcome front façade. The new First Floor footprint allows for a Second Floor addition above and a typical 4-bedroom (Primary Suite and 3 Children’s Bedrooms) Home. 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: Building over the existing footprint of the Home is a practical structural addition. If the existing non-conforming area at the north side and Lakeshore were denied, structurally it is more difficult and more expensive to build. The resulting Second floor area would be reduced. The roof and floor loads must be transferred to beams that also places unique stress on the existing foundation that must also be then renovated. Construction cost increase for a smaller Home in comparison to normal construction techniques. 6. The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not allowed under this Chapter for property in the zone where the affected person's land is located. Response: The Impervious Hardcover requirement also has practical difficulties. Tearing down the existing, non-conforming Garage remedies the setback requirement. Doing so creates a longer driveway and additional hardcover. Our Proposal redistributes the current hardcover areas to make this configuration practical. To meet the Impervious Coverage requirements, we would be required to remove the walkway into the House, most of the back deck or patio, eliminate the entry walk and remove a large portion of the driveway. All these are major hardships. You have to be able to get into the front door of your Home! You have to be able to drive your car into your Garage! The House is on a Lake, it is not unreasonable to have a deck or patio on that side of the property! We are not proposing to increase the current hardcover areas, only to reduce the existing quantity. 7. The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. Response: This is a One-Family Home and will remain. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. Response: They do not affect the neighbors immediately adjoining this property. 9. The conditions do not apply generally to other land or structures in the district in which said land is located. Response: Correct 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Response: You have to be able to get into the front door of your Home! You have to be able to drive your car into your Garage! The House is on a Lake, it is not unreasonable to have a deck or patio on that side of the property! We are not proposing to increase the current hardcover areas, only to reduce the existing quantity. 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 52 PC Exhibit C A/CN 1 2 °0 0 '3 3 "W 6 1 .4 0 M E A S .S89°48'08"E 135.68 MEAS.S 1 1 °2 4 '4 0 "E 6 2 .0 8 M E A S .4±43.2±48.7±33---178.9±------183.9±---N89°27'53"W 135.19 MEAS.S H A D YW O O D R O A D73.6 OHW31.49.04.12.279.3 OHW4.09.825.719.724.30.75.80.74.019.71.413.735.50.725.714.426.822.126.822.172.5 OHW5.35.920.26.520.031.96.16.4S H O R E L I N ELAKE MI NN E TO N K AORDINARY H I G H W A T ER (O H W ) = 9 2 9 .4WATER L E V E L = 9 2 9 .5 , A U G U S T 3 0 , 2 0 2 4 ED G E O F A S P H A L T OEOEOECONCRETE DRIVEWAYCONCRETE WALKR I P R A P R I P R A P 3"CRABAPPLE8"MAPLE40"OAK24"MAPLE24"MAPLE12"DECIDUOUSACCESSTUNNELMAIN LEVELDECKTIMBERPLANTERGARAGE#1770#1750#1760FIRST FLOOR=943.8GARAGEFLOOR=940.49 2 9 .4 O H W 9 2 9 .4 O H W 9 2 9 .4 O H W PROPERTY DESCRIPTION1" = 10'CMESCALEDRAWNREFERENCE1760 Shadywood Rd.Orono, MN 55391SITE ADDRESSSITE BENCHMARKMN DOT Survey Disk: BR 7180At the southeast corner of Co. Rd. 19 Bridge No. 7180. Elevation = 945.96 (NGVD 29).Lot 17, SHADY WOOD,Hennepin County, Minnesota.09-05-2024I hereby certify that this survey, plan, or report was prepared by me or under mydirect supervision and that I am a duly registered Land Surveyor under the laws ofthe State of Minnesota.Woodrow A. Brown, R.L.S. MN REG 15230W. BROWN LAND SURVEYING, INC.Dated:EXISTING CONDITION SURVEY for:ARCHOS ARCHITECTURESCALE IN FEET1001020NWBBloomington, MN 55425Email: INFO@WBROWNLANDSURVEYING.COMPh: (952) 854-4055WBROWNLANDSURVEYING.COMW. BROWN LAND SURVEYING, INC.8030 Old Cedar Avenue So., Suite 228ZONING:LR-1C | One-Family Lakshore Residential - 1/2 Acre1 of 1 24x36378-24JOB NO.BOOK/PAGESHEETGENERAL NOTES:· Existing building dimensions are measured to siding and not building foundation.· No title commitment was provided and no research was performed for any easementsnot shown on this survey.· Location of utilities shown are from observed evidence in the field and/or plansfurnished by others and are considered approximate. Gopher State One Call or aprivate utility locator should be contacted to locate utilities on site before excavation.LOT AREA CALCULATION:Lot Area to OHW = 10,965 SFEXISTING HARDCOVER:House = 1,534 SFGarage w/ Access Tunnel = 624 SFDeck w/ Steps = 393 SFFront Walk, Stoop = 161 SFDriveway = 566 SFExcludable Hardcover - Deck = -100 SFTotal = 3,178 SFExisting Hardcover = 29.0%NOTE:25% Maximum Allowable HardcoverREMARKSDATEREVISIONSO E O E O E O E 7.5' SIDE YARD SETBACK7 5 ' S E T B A C K O H W 7.5' SIDE YARD SETBACK929.5929.5929.53 0 ' F R O N T Y A R D S E T B A C K STOOP942.6TW942.2TW941.6TW940.1TW942.6TWLOT 17LOT 16LOT 18936.9936.7936.4936.3935.8935.6939.7940.3941.5940.7941.5942.0942.0941.8941.2941.4941.5942.0942.7943.4942.1940.0932.5TW933.0TW935.7TW937.2TW937.3937.6939.3938.9939.6940.2940.3940.1940.4940.6940.0941.2942.1941.2940.8939.0939.1938.7940.2940.7940.0940.8940.5941.0941.0941.1939.2940.0941.8941.5941.5941.1940.9941.5942.0941.7939.9940.0939.5940.5940.9940.9942.0941.9942.2942.6941.9941.7942.0942.1941.8942.3943.1942.8942.4941.7941.8942.4941.9941.9941.8941.6941.1940.4940.4940.1939.5939.5937.7937.1941.2938.5937.4933.7935.6936.0940.3935.8934.5933.0932.4932.3934.1931.3931.2931.3931.4942.5942.2940.4940.0940.7942.4940.1941.593 6 9 3 7 9 3 8 9 3 9 9 4 0941941 9 4 1 9419419419439429429429429419409429 4 2 94 1 941940937938939940940939938 9 3 7 9 4 0 9 4 0939938937936935934933932931930940939938937936935934933932931930940939938937936935934933932931930929.4 O H W 9 3 1 .1 F E M A 1 0 0 Y R 9 3 1 .1 F E M A 1 0 0 Y R Overhead ElectricLEGENDBoulder Retaining WallExisting ElevationPower PoleGas MeterLight PoleSet Iron MonumentInscribed R.L.S 15230Found Iron Monument Existing Contour900Top of Wall Elevation900.0900.0TWOEA/CAir Conditioning UnitABCDEABBCDDE6.153PC Exhibit D 54 PC Exhibit E 55 PC Exhibit F 56 57 58 59 60 61 62 PC Exhibit GOverlays: Existing over New 63 64 PC Exhibit HPhotos of the existing home 65 66 67 City of Orono Hardcover Calculation Worksheet Property Addr ess: 1760 Shadywood Rd. Prepared by: W. Brown Land Surveying Date: 09-05-2024 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 Certificate of Survey (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 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 House Irregular 1,534 S.F. B Garage w/ Access Tunnel Irregular 624 S.F. C Deck w/ Steps Irregular 393 S.F. D Front Walk, Stoop Irregular 161 S.F. E Driveway Irregular 566 S.F. (1) Total Existing Hardcover 3,278 S.F. Excludable Hardcover (See City Code Sec 78-1684): C Deck -100 S.F. (2) Total Excludable Hardcover -100 S.F. (3) Net Existing Hardcover [Subtract line (2) from line (1)] 3,178 S.F. (4) Total Lot Area 10,965 S.F. Existing Hardcover Percentage [ (3) ÷ (4) ] 29.0% (Proposed Hardcover next page) This is an information packet regarding Hardcover. Every effort has been made to insure the accuracy of the information contained herein; however, if any information is not consistent with provisions of the City Code, the Code provisions will prevail. 68 PC Exhibit I 69 70 PC Exhibit J Facing East 71 Subject Property Shaw O'DONOGHUE Facing West 72 Subject Shaw O'DONOGHUE A/CN 1 2 °0 0 '3 3 "W 6 1 .4 0 M E A S .S89°48'08"E 135.68 MEAS.S 1 1 °2 4 '4 0 "E 6 2 .0 8 M E A S .4±43.2±48.7±33---178.9±------183.9±---N89°27'53"W 135.19 MEAS.S H A D YW O O D R O A D73.6 OHW31.49.04.12.279.3 OHW4.09.825.719.724.30.75.80.74.019.71.413.735.50.725.714.426.822.126.822.172.5 OHW5.35.920.26.520.031.96.16.4S H O R E L I N ELAKE MI NN E TO N K AORDINARY H I G H W A T ER (O H W ) = 9 2 9 .4WATER L E V E L = 9 2 9 .5 , A U G U S T 3 0 , 2 0 2 4 ED G E O F A S P H A L T OEOEOECONCRETE DRIVEWAYCONCRETE WALKR I P R A P R I P R A P 3"CRABAPPLE8"MAPLE40"OAK24"MAPLE24"MAPLE12"DECIDUOUSACCESSTUNNELMAIN LEVELDECKTIMBERPLANTERGARAGE#1770#1750#1760FIRST FLOOR=943.8GARAGEFLOOR=940.49 2 9 .4 O H W 9 2 9 .4 O H W 9 2 9 .4 O H W PROPERTY DESCRIPTION1" = 10'CMESCALEDRAWNREFERENCE1760 Shadywood Rd.Orono, MN 55391SITE ADDRESSSITE BENCHMARKMN DOT Survey Disk: BR 7180At the southeast corner of Co. Rd. 19 Bridge No. 7180. Elevation = 945.96 (NGVD 29).Lot 17, SHADY WOOD,Hennepin County, Minnesota.09-05-2024I hereby certify that this survey, plan, or report was prepared by me or under mydirect supervision and that I am a duly registered Land Surveyor under the laws ofthe State of Minnesota.Woodrow A. Brown, R.L.S. MN REG 15230W. BROWN LAND SURVEYING, INC.Dated:EXISTING CONDITION SURVEY for:ARCHOS ARCHITECTURESCALE IN FEET1001020NWBBloomington, MN 55425Email: INFO@WBROWNLANDSURVEYING.COMPh: (952) 854-4055WBROWNLANDSURVEYING.COMW. BROWN LAND SURVEYING, INC.8030 Old Cedar Avenue So., Suite 228ZONING:LR-1C | One-Family Lakshore Residential - 1/2 Acre1 of 1 24x36378-24JOB NO.BOOK/PAGESHEETGENERAL NOTES:· Existing building dimensions are measured to siding and not building foundation.· No title commitment was provided and no research was performed for any easementsnot shown on this survey.· Location of utilities shown are from observed evidence in the field and/or plansfurnished by others and are considered approximate. Gopher State One Call or aprivate utility locator should be contacted to locate utilities on site before excavation.LOT AREA CALCULATION:Lot Area to OHW = 10,965 SFEXISTING HARDCOVER:House = 1,534 SFGarage w/ Access Tunnel = 624 SFDeck w/ Steps = 393 SFFront Walk, Stoop = 161 SFDriveway = 566 SFExcludable Hardcover - Deck = -100 SFTotal = 3,178 SFExisting Hardcover = 29.0%NOTE:25% Maximum Allowable HardcoverREMARKSDATEREVISIONSO E O E O E O E 7.5' SIDE YARD SETBACK7 5 ' S E T B A C K O H W 7.5' SIDE YARD SETBACK929.5929.5929.53 0 ' F R O N T Y A R D S E T B A C K STOOP942.6TW942.2TW941.6TW940.1TW942.6TWLOT 17LOT 16LOT 18936.9936.7936.4936.3935.8935.6939.7940.3941.5940.7941.5942.0942.0941.8941.2941.4941.5942.0942.7943.4942.1940.0932.5TW933.0TW935.7TW937.2TW937.3937.6939.3938.9939.6940.2940.3940.1940.4940.6940.0941.2942.1941.2940.8939.0939.1938.7940.2940.7940.0940.8940.5941.0941.0941.1939.2940.0941.8941.5941.5941.1940.9941.5942.0941.7939.9940.0939.5940.5940.9940.9942.0941.9942.2942.6941.9941.7942.0942.1941.8942.3943.1942.8942.4941.7941.8942.4941.9941.9941.8941.6941.1940.4940.4940.1939.5939.5937.7937.1941.2938.5937.4933.7935.6936.0940.3935.8934.5933.0932.4932.3934.1931.3931.2931.3931.4942.5942.2940.4940.0940.7942.4940.1941.593 6 9 3 7 9 3 8 9 3 9 9 4 0941941 9 4 1 9419419419439429429429429419409429 4 2 94 1 941940937938939940940939938 9 3 7 9 4 0 9 4 0939938937936935934933932931930940939938937936935934933932931930940939938937936935934933932931930929.4 O H W 9 3 1 .1 F E M A 1 0 0 Y R 9 3 1 .1 F E M A 1 0 0 Y R Overhead ElectricLEGENDBoulder Retaining WallExisting ElevationPower PoleGas MeterLight PoleSet Iron MonumentInscribed R.L.S 15230Found Iron Monument Existing Contour900Top of Wall Elevation900.0900.0TWOEA/CAir Conditioning UnitABCDEABBCDDE6.173 Approximate Addition Footprintapprox. ALS75-foot setbackMove away from the lake approximately 2.5' Move home to the south approximately 2.5 feetStaff's Alternate site plan for a Conforming House Location Remaining Variances: Deck in 75-foot setback Hardcover over 25%PC Exhibit K From:Gretchen Shaw To:Melanie Curtis Cc:A-Lyle Shaw Subject:Re: #LA24-000043 / 1760 Shadywood Rd Date:Thursday, September 12, 2024 3:40:25 PM Hello Melanie, Thank you for providing the preliminary plans for the application at 1760 Shadywood Road. We are pleased that a lovely new home is planned for this property, although we have some concerns and comments noted below: Our Background: We are the next door neighbors to the north of this property at 1750 Shadywood Road. We purchased our property in 1996 where a very small older cottage structure existed. We did some remodeling over the years and enjoyed it as our 2nd home where our primary residence was in Eden Prairie. In 2016, we received approval from the City of Orono to build a new home according to the building codes in effect at that time. After demolition of the existing structure, we engaged Stonewood to build our new home that was completed in 2018. At that time, a 10 foot side yard setback was the code which we were held to in receiving city approval . Concerns with the 1760 Shadywood application: 1. Side yard Setback on the North Side of the 1760 Shadywood Property: As we understand, the side yard setback rule has now changed to 7.5 feet for properties less than 100 feet wide (vs. the previous 10' rule). However, the current application request for approval for the north side yard setback is to be the same as the existing structure: 5.3' for the NW corner, 6.1' for the N. center and 6.5' for the NE corner. We respectfully request that the 7.5' side yard setback rule for the north side of this property be observed. It appears there is some available side yard setback on the south side of the property to shift the footprint without needing to reduce the proposed structure's square footage. The proposed new structure has a 2 story height (vs. the current 1 story height) which will only accentuate the "tunnel" effect between the 2 houses. Since the 2 houses are so close to each other, we installed gravel between the 2 structures, arranged for common underground drainage and planted hostas along our neighbor's foundation (with his approval) to soften the appearance between the 2 houses. 2. Demolition Concerns: Due to the proximity of the existing structure to our property, we want assurance that every effort will be made to not damage our property in any way during demolition, including our existing landscaping. We will appreciate being notified when the demolition is scheduled to occur and if any damage does occur to our property during demolition or construction, we expect to be reimbursed for any damages. 3. Existing Detached Garage: As we understand, the existing 2 car detached garage and concrete pad will be removed and an attached 2 car garage will be incorporated in the newly constructed home. We agree with this plan to observe hardcover concerns. We look forward to having new neighbors and a very nice home next door. If you have any questions on our above comments, please let me know. We plan to attend the public hearing for this application on Monday, Sept. 16th at 6 PM. Regards, Gretchen (& Lyle) Shaw 1750 Shadywood Road Wayzata, MN 55391 612 382-8270 Shaw Comments1750 Shadywood Rd 74 PC Exhibit L Hennepin County Locate & Notify Map 1760 Shadywood Rd 0 200 400100 Feet Date: 8/26/2024 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 75 PC Exhibit M 38 17-117-23 21 0004 BRIAN T ZJAWIONY NIKKOLE R MEIMBRESSE 1675 SHADYWOOD RD WAYZATA MN 55391 38 17-117-23 21 0005 LAUREEN E DARLING 1719 FAGERNESS POINT RD WAYZATA MN 55391 38 17-117-23 21 0006 CITY OF ORONO P O BOX 66 CRYSTAL BAY MN 55323 38 17-117-23 21 0007 CITY OF ORONO P O BOX 66 CRYSTAL BAY MN 55323 38 17-117-23 21 0008 MICHAELA DIERCKS 1795 SHADYWOOD RD WAYZATA MN 55391 38 17-117-23 21 0015 ARLENE J KIELLEY 1670 SHADYWOOD RD WAYZATA MN 55391 38 17-117-23 21 0016 JOHN G DOLEMAN MARIA ELENA DOLEMAN 1680 SHADYWOOD RD WAYZATA MN 55391 38 17-117-23 21 0017 JOHN PAUL KIEFFER BENJAMIN EDWARD KIEFFER 1690 SHADYWOOD RD WAYZATA MN 55391 38 17-117-23 21 0018 JOHN & JOAN FITZPATRICK 2001 SE SAILFISH POINT BLVD #103 STUART FL 34996 38 17-117-23 21 0019 1720 SHADYWOOD ROAD LLC 1720 SHADYWOOD RD WAYZATA MN 55391 38 17-117-23 21 0020 KENNETH DECUBELLIS JENNIFER DECUBELLIS 1740 SHADYWOOD RD WAYZATA MN 55391 38 17-117-23 21 0021 GRETCHEN S SHAW 1750 SHADYWOOD RD ORONO MN 55391 38 17-117-23 21 0022 DAVID H EISS 1760 SHADYWOOD RD WAYZATA MN 55391 38 17-117-23 21 0023 DANIEL P O'DONOGHUE 1770 SHADYWOOD RD WAYZATA MN 55391 38 17-117-23 21 0024 JON WESSLING ERIN M WESSLING 1682 INDEPENDENCE AVE GLENVIEW IL 60026 38 17-117-23 21 0025 SHADYWOOD 17 LLC 13385 24TH ST N STILLWATER MN 55082 38 17-117-23 21 0026 IRENE & CATHERINE TREMBLAY MARK EDWARD TREMBLAY 1800 SHADYWOOD RD WAYZATA MN 55391 38 17-117-23 21 0027 CHAD J RICHARDSON 1810 SHADYWOOD RD WAYZATA MN 55391 38 17-117-23 21 0028 BENJAMIN MILBRATH P O BOX 1942 SPOKANE WA 99210 38 17-117-23 22 0036 JENNIFER TVRDY 1725 FAGERNESS POINT RD WAYZATA MN 55391 38 17-117-23 23 0001 HENNEPIN FORFEITED LAND NOT FOR SALE/WATER FRONT 38 17-117-23 24 0001 RONALD A & SABRINA L RUUD 1825 SHADYWOOD RD WAYZATA MN 55391 38 17-117-23 24 0006 SCOTT W HUTTON 1835 SHADYWOOD RD WAYZATA MN 55391 38 17-117-23 24 0007 JOHN O MOTZKO 1855 SHADYWOOD RD WAYZATA MN 55391 38 17-117-23 24 0009 MARK KOSEK & GINA FINK KOSEK 1875 SHADYWOOD RD WAYZATA MN 55391 38 17-117-23 24 0015 BRUCE A SKJERPING 1820 SHADYWOOD RD WAYZATA MN 55391 38 17-117-23 24 0016 SCOTT ERICKSON 1840 SHADYWOOD RD WAYZATA MN 55391 38 17-117-23 24 0017 JOSEPH LONGVAL 1856 SHADYWOOD RD WAYZATA MN 55391 76 Date: September 16, 2024 Item: 5.3 Presenter: Melanie Curtis, Planner Section: Public Hearings Title: #LA24-000045, Larry Compton o/b/o Park Gun Club, 3660 6th Avenue N, Interim Use Permit – Mining/Processing, Public Hearing 1.Purpose: The purpose of this application is to review the proposed lead reclamation project. 2.MN§15.99 Application Deadline: The application was submitted and considered to be complete on August 21, 2024, therefore the 60-day review period will end on October 20, 2024. 3.Background: Park Gun Club (or PGC) is planning its first lead shot reclamation project on their property at 3660 6th Avenue North. The majority of the shotgun range consists of wetlands. The project involves the removal of the hydric soils from the wetland in 100-foot by 600-foot sections. The lead shot will be separated from the soil, and the soil replaced along with vegetation roots and the existing seed bank, installing the silt fence to each section as they go. Refer to the Planning Report attached as Exhibit A for more detail on the project. 4.Public Comment: No public comment has been received. 5.Staff Recommendation: Planning Staff recommends approval of the IUP for Park Gun Club conditioned upon compliance with the permitting requirements from all applicable jurisdictions and issuance of an administrative grading permit from the City. 6.Planning Commission Action Requested: The Planning Commission should hold a public hearing and recommend approval as applied. AGENDA ITEM Exhibits Exhibit A - PC Staff Report Exhibit B - Application Exhibit C - Project Narrative Exhibit D - Agency Correspondence Exhibit E - Project Maps Exhibit F - Aerial Photos Exhibit G - Map & Labels 77 Date Application Received: 08/21/2024 Date Application Considered as Complete: 08/21/2024 60-Day Review Period Expires: 10/20/2024 To: Chair Bollis and Planning Commission Members Adam Edwards, City Administrator From: Melanie Curtis, Planner mcc Date: 16 September 2024 Subject: #LA24-000045, Larry Compton o/b/o Park Gun Club, 3660 6th Avenue N, Interim Use Permit – Mining/Processing Public Hearing Background On behalf of the Park Gun Club, at 3660 6th Ave North in Orono, Larry Compton (Gun Club President) made an application for an Interim Use Permit to support Park Gun Club’s proposed lead reclamation activity. The applicant has been in contact with the Minnehaha Creek Watershed District (MCWD), Minnesota Pollution Control Agency (MPCA), and Army Corps of Engineers (USACE) regarding their project. The MCWD has granted Conditional Approval for the project under permits for Erosion Control and Floodplain Alteration. Park Gun Club (or PGC) is planning its first lead shot reclamation project on the site. The majority of the shotgun range consists of wetlands. The project involves the removal of the hydric soils from the wetland in 100-foot by 600-foot sections. The lead shot will be separated from the soil, and the soil replaced along with vegetation roots and the existing seed bank, installing the silt fence to each section as they go. Refer to Exhibit C for the applicant’s project narratives. The processed lead shot will be collected and bagged on-site. Once they have accumulated enough bags of shot, the material will be trucked off-site. They estimate it will take approximately 1 to 2 weeks to process enough material to be shipped. While the material is being processed, it will be stored on the property in the lower parking area. They anticipate that, once it begins, the project will take approximately six months with a total of 30-35 truckloads of exported material. Applicable Regulations: City Code Sections 78-1726 (a) 1 & 2 Sec. 78-1726. Interim use permit required. An application for an interim use permit shall be accompanied by a certified site plan showing the location of the proposed excavation or storage and shall state the amount of material which is to be removed, excavated or stored, placed, or graded, and such other information as the council may require. Applications shall be filed with the city administrator and shall be accompanied by a deposit to be determined by the city, which will be used to offset the cost of processing the application. Any unused portion will be refunded to the applicant. (a) Except where otherwise provided in the article, it is unlawful for any person to perform or have performed the following land alteration activities without an interim use permit issued by the council: Application Summary: The applicant requests an Interim Use Permit for mining, material processing, and export materials in conjunction with a lead reclamation project at the Park Gun Club. Staff Recommendation: Planning Department Staff recommends approval. 78 PC Exhibit A FILE # LA24-000045 16 September 2024 Page 2 of 4 (1) Mining. The commercial extraction of sand, gravel or other material from the land and their removal from the site without processing shall be mining. In all districts, the conduct of mining shall be permitted only upon issuance of a interim use permit. Such permit shall include, as a condition, a plan for a finished grade which will not adversely affect the surrounding land or development of the site on which the mining is being conducted, and the route of trucks moving to and from the sites. A bond will be required for restoration (2) Soil processing. The operation of processing of sand, gravel or other material mined from the land shall be permitted only by interim use permit. Such permit shall include a site plan where the processing is to be done, showing the location of the plant, disposal of water, route of trucks moving to and from the site in removing processed material from the site, the condition in which the site is intended to be left upon completion, hour of operation; and such permit shall not be granted for a period of longer than 12 months. Interim Use Permit Analysis Staff finds the proposed project purpose and scope are reasonable. An administrative grading permit will be required; the City Engineer will review the project at that time. 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. 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, LMCD, 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; Depending on the weather conditions and timing of other agency permits, the applicant has provided a project timeline that will either commence in the Fall of 2024 to be finalized mid-summer 2025; or the spring of 2025 commencing before winter 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 via a resolution recorded with the County. All requirements and conditions will be listed as part of the resolution. This criterion is met. 79 FILE # LA24-000045 16 September 2024 Page 3 of 4 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 scope of work proposed is 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 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 mining activity 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; The applicant is encouraged to work with any potentially impacted neighboring properties with concerns about screening or buffering. 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 site and is not permitted to encroach on neighboring properties. The project shall comply with the City’s noise ordinances specifically Sections 58-119 and 58-121 regarding decibel limitations and hourly operations. Specifically, construction activities are permitted between 7:00 am and 8:00 pm on weekdays and between 8:00 am and 8:00 pm on weekends and holidays. The haul route has been reviewed and approved by the City for the transport of materials. 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 materials will be transported off-site over an approved haul route. The processing and transport will be spread out in ±35 truckloads over a 6-month period. This should allow construction traffic to be less of an impact. 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 project will obtain all necessary permits from outside agencies such as MCWD, LMCD, and DNR as well as an NPDES permit. 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. 80 FILE # LA24-000045 16 September 2024 Page 4 of 4 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 of the IUP conditioned upon compliance with the permitting requirements from all applicable jurisdictions and issuance of an administrative grading permit from the City. 81 Land Use Application Summary Application Date:08/21/2024 Address:3660 6th AVE North Orono, MN 55356 Parcel Number:2911823340006 Land Use Number:LA24-000045 Application Submitted By:Agent on behalf of property owner Owner:Name: PARK GUN CLUB Address: C/O TOM LYNCH 3100 BRYANT AVE S Applicant:Name: Larry Compton Company: Address: 18525 Pioneer Trl Eden Prairie, MN 55347 l.comp353@gmail.com Contact Information:Associated Contact: Larry Compton l.comp353@gmail.com Associated Contact: Associated Contact: Associated Contact: Project Description:Lead Shot Reclamation (Also PID 29-118-23-31-0001) 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: 82 PC Exhibit B Project Name and/or Number: PART ONE: Applicant Information lf applicant is an entity (company, government entity, partnership, etc.), an authorized contact person must be identified. If the applicant is using an agent (consultant, lawyer, or other third party) and has authorized them to act on their behalf, the agent's contact information must also be provided. APplicant/Landowner Name! ?zwb G7.A~ LIwb I ®^. Nla.il.in8^ddress.. a/a . $5=Z:a P.or`ecLr TFe-I,€c±€n q3rTcur-\e ` mr` 553+1 Phone: nG^e E-rna.il Address.. e>^odrpsc a: 3mcLI I , C® rv` Authorized Contact (do not complete if same as above): Lfurry Comph^ , frJ&5ic4a;Jpr MailingAddress: /8bT2S Ptoneer Trcii I / aeden Frfucrie, /rln gr53CL7 Phone.. q5~2.` 4el a.-qgLI5 E-matil^ddress..L,tort.|>.353@3rrtll`C/Orv` Agent Name: Mailing Address: Phone: E-mail Address: PART TWO: Site Location Information County: He^^epl^ City/Township: C?rc>no ParcellDand/orAddress: 3G¢pC> a+A Cl`+e rJ, C)rono, /nr` Legal Description (Section,Township, Range): .PZ |„ zq //6; 233/ Cso" 2Lq //P2 33 7 L`Oo G, 29 // 8273dy"0 Lat/Long (decimal degrees): a Attach a map showing the location of the site in relation to local streets, roads, highways. Approximate size of site (acres) or ifa linear project, length (feet): I G CLc,res lf you know that your proposal will require an individual Permit from the U.S. Army Corps of Engineers, you must provide the names and addresses of all property owners adjacent to the project site. This information may be provided by attaching a list to your application or by using block 25 of the Application for Department of the Army permit which can be obtained at: http://www.mvp.usace.army.mil/Portals/57/docs/regulatory/RegulatorvDocs/engform 4345 2012oct.pdf PART THREE: General Project/Site Information lf this application is related to a delineation approval, exemption determination, jurisdictional determination, or other correspondence submitted pri.or to this application then describe that here and provide the Corps of Engineers project number. Describe the project that is being proposed, the project purpose and need, and schedule for implementation and completion. The project description must fully describe the nature and scope of the proposed activity including a description of all project elements that effect aquatic resources (wetland, lake, tributary, etc.) and must also include plans and cross section or profile drawings :o#th#ffffffff#;£J activities tr±±Lp4starferiife^£¥7anREid#ife± M#nes#n#a'g and aquatic resource impacts.'--#id_, :-::?i£€:'-±ifit¥<:i£E£±,-±ut:i=fi,:;-T`=i,: ency Water Resource Application Form -Revised May 2021 -:-fThife5deo#-##ife €irie:OrddrfuofT2 83 Project Name and/or Number: PART FOUR: Aquatic Resource lmpactL Summary lf your proposed project involves a direct or indirect impact to an aquatic resource (wetland, lake, tributary, etc.) identify each impact in the table below. Include all anticipated impacts, including those expected to be temporary. Attach an overhead view map, aerial photo, and/or drawing showing all of the aquatic resources in the project area and the location(s) of the proposed impacts. Label each aquatic resource on the map with a reference number or letter and identify the impacts in the following table. Aquatic Resource AquaticResourceType(wetland,lake,tributaryetc.)Type of Impact(fill,excavate,Duration ofImpact Size of lmpact2 Overall Size of Existing PlantCommunityType(s)inImpactArea4 County, MajorWatershed#, lD (as noted on drain, or Permanent (P)Aquatic and Bank overhead view)removevegetation)or Temporary(T)1 Resource 3 Service Area #oflmp,actArea5 a we+I-d eFcauc*le TfuG1 a 4 'ca -e>~A maLr`sL rd/ra 1lf impacts are temporary; enter the duration of the impacts in days next to the `T". For example, a project with a temporary access fill that would be removed after 220 days wou d be entered `T (220)". 2lmpacts less than 0.01 acre should be reported in square feet. Impacts 0.01 acre or greater should be reported as acres and rounded to the nearest 0.01 acre. Tributary impacts must be reported in linear feet of impact and an area of impact by indicating first the linear feet of impact along the flowline of the stream followed by the area im pact in parentheses). For example, a project that impacts 50 feet of a stream that is 6 feet wide would be reported as 50 ft (300 square feet). 3This is generally on y applicable if you are applying for a de minimis exemption under MN Ru es 8420.0420 Subp. 8, otherwise enter "N/A''. •lJse Wetland plants and Plant Community Types of Minnesota and Wisconsin Std Ed. as mod.ified in MN Rules 8420.0405 Subp. 2. 5Refer to Major Watershed and Bank Service Area maps in MN Rules 8420.0522 Subp. 7. lf any of the above identified impacts have already occurred, identify which impacts they are and the circumstances associated with each: PART FIVE: Applicant Signature I Check here if you are requesting a Ore-aDDlication consultation with the Corps and LGU based on the information you have provided. Regulatory entities will not initiate a formal application review if this box is checked. By signature below,I attest that the information in this application is complete and accurate. I further attest that I possess the authority to undertake the work described herein.FjNquitfur€.dioJngp`.eftylnxpJrn,Pros rjHfyfr. 5 /Zs hrH V I hereby authorize to act on my behalf as my agent in the processing of this application and to furnish, upon request, supplemental1Theterm``impact"asusedinthisjointapplicatio information in support of this application.nformisagenerictermusedfordisclosure purposes to identify activities that may require approv a[ from one or more regulatory agencies. For purposes of this form jt is not meant to Indicate whether or not those activities may require mitigation/replacement. Minnesota lnteragency water Resource Application Form -Revised May 2021 Page 4 of 12 84 Project Name and/or Number: Attachment 8 Supporting Information for Applications Involving Exemptions, No Loss Determinations, and Activities Not Requiring Mitigation Complete this part /Jyou maintain that the identified aquatic resource impacts jn Part Four do not require wetland replacement/compensatory mitigation OR /7you are seeking verification that the proposed water resource impacts are either exempt from replacement or are not under CWA/WCA jurisdiction. Identify the specific exemption or no-loss provision for which you believe your project or site qualifies: Provide a detailed explanation of how your project or site qualifies for the above. Be specific and provide and refer to attachments and exhibits that support your contention. Applicants should refer to rules (e.g. WCA rules), guidance documents (e.g. BWSR guidance, Corps guidance letters/public notices), and permit conditions (e.g. Corps General Permit conditions) to determine the necessary information to support the application. Applicants are strongly encouraged to contact the WCA LGU and Corps Project Manager prior to submitting an application if they are unsure of what type of information to provide:-pf:±=ife#thpr Sdr nap irlutJnd . Minnesota lnteragency Water Resource Application Form -Revised May 2021 Page 6 of 12 85 The north green line indicates the max lead shot fall line (770' from the trap's 27 yard line). The south green line indicates the south border of the lead shot fall area (375' from the trap's 27 yard line), The green outlined area represents the lead shot fall area -this is the reclamation area. The blue lines represent the 375' distance from the trap's 27 yard line to the south border of the lead shot fall area. The long red lines represent the 770' distance from the trap's 27 yard line to the max lead shot fall line. 86 The north green line indicates the max lead shot fall line (770' from the trap`s 27 yard line). The south green line indicates the south border of the lead shot fall area (375' from the trap's 27 yard line). The green outlined area represents the lead shot fall area -this is the reclamation area. The blue lines represent the 375` distance from the trap's 27 yard line to the south border of the lead shot fall area. The long red lines represent the 770' distance from the trap's 27 yard line to the max lead shot fall line. 87 Lead shot fall area dimensions -this is the area of lead shot reclamation. Reclamation would be 14 inches deep. Reclamation would include 8,834 cubic yards of material. 88 Sent to Trey by John Sims on June 20, 2024: Good Morning Trey, Larry forwarded your email to me concerning the incomplete permit application. I went through my correspondence and found that between the information I submitted and the meetings we have been in that the information you are requesting was addressed by myself. I am going through the points made in your email to Larry. Erosion Control: The area of the marsh that is removed for the reclamation of the lead shot will have a silt fence installed completely surrounding the area. This will prevent any of the material from migrating outside the area and travel into the undisturbed area of the marsh. We will be utilizing a string of 8' by 16' tri-layer light weight crane mats to remove the material. As the removal occurs we will also be installing the silt fence. This will be don in 100' by 600' strips. Once a strip is done and the silt fence installed the mats will be repositioned and the entire process repeated until the area is completely removed. there will be no processing of the material for shot recovery until the silt fence is installed. The silt fence serves 2 functions. Erosion control and restoration of the impacted area. As the process of the shot reclamation collected occurs the tailings which is the material after the shot is separated out of will be pumped back into the area inside the silt fence where it originally came from. The silt fence will allow for the return of water to the system to be utilized for continued use, along with the natural settling/ de watering of the returned material in an even and controlled manner to fill the area back in with the material that was initially removed. If re seeding of this area is required then it will be done. The last wet land job I did showed that the seed bank of the material along with the roots system of the marsh not being completely removed provide a fantastic of the re growth of the vegetation in the disturbed areas. There will be no net flood plane fill added to this restoration process. The only material being returned to the disturbed area is the same material that was removed from that area minus the lead shot. I wasn't involved with flood plane information. Larry will be taking care of that side of the permit process. Time is getting shorten. I see that it may be up to another 4 weeks before a permit will be issued. It will take 2 weeks to get the equipment/mats mobilized and set up to break ground. If an early Winter hits us there is the possibility that this job would have to have the permit extended till next Spring to complete it fully. Please contact me if I can be of further assistance. Thanks, John Sims 89 Project Narrative and Timeline PC Exhibit C Hi Melanie, When we were discussing our lead reclamation project I remember you commenting that a major concern for Orono was potential site traffic. I spoke to John Sims, our contractor about this issue and wanted to relay to you what I already knew and found out from John: 1: PGC has ample parking room in its upper and lower parking areas to park at least 2 semi's along the upper driveway and for a semi to turn around in the lower lot - the area where the lead shot bags will be loaded for shipping. This means there should no t be a need to back trucks in from either County 6 or Starkey Rd, or for vehicle/equipment parking or warning signage on either road. Trucks will simply drive in and out of our driveway onto County 6 and Hwy 12. 2: At Project mobilization, trucks will access the parking and work areas as noted above. The equipment, crane pads, etc will be staged in the lower lot - which has ample room. Mobilization traffic will consist of about 10 separate deliveries over the cou rse of 1 - 2 weeks. 3: Once mining commences, it will be a month to 6 weeks before enough lead is processed to make a shipment. After processing, the lead bags will be securely stored in the lower parking area until shipped, utilizing 1 - 3 semis. Ordinarily, the bags would be loaded and shipped in 1 day. The expectation is this process would be repeated every 1 - 2 weeks. 4: It is anticipated that it will take 30 - 35 truckloads to ship all the lead bags over the approximately 6 month span of the project. 5: Project noise levels should be comparable to sitework noise levels when doing site development for a residential or commercial project. I hope this is helpful in reaching a decision regarding appropriate permits required by the City for our Project. Regards, Larry Compton President Park Gun Club 90 From:Barta, Kirsten (MPCA) To:Melanie Curtis Cc:Wagner, Zachary (He/Him/His) (MPCA) Subject:Gun Club Project Update Date:Monday, August 12, 2024 12:38:55 PM Hi Melanie – We met with Larry about his project and he still has a couple weeks until he can submit it for a decision. It doesn’t sound like there will be too much vehicle traffic for the plan he outlined and it is a county road. The county regulations were checked on and if none of the vehicles are oversized and he stays out of the ROW he should be ok there. Essentially how it works is the applicant submits their project to MPCA for evaluation along with alternatives, an explanation of why they chose their preferred alternative, and we must make a decision based on that information provided. MPCA has three options at that point: 1. Waiver saying they are good to go, 2. Certification with conditions which looks a lot like a DNR Public Waters permit, and 3. A denial. If MPCA denies a project, the applicant will receive a letter detailing the reason for the denial and can re-submit their project for evaluation if they correct the issues with the project. It will just depend on the plan ultimately that is submitted to MPCA. Sounds like they have found someone who does this for a living but has never worked in MN, so there may be some tweaks needed to meet Minnesota’s water quality standards. Until a decision request is in front of the 401 program staff there isn’t much more we can do at this point, but Zach (copied) can follow up once he’s reviewed the materials if you still have outstanding questions but overall. Thank you, Kirsten Kirsten Barta (she/her/hers) 401 Certification Program Coordinator Minnesota Pollution Control Agency (MPCA) I Resource Management & Assistance Division 520 Lafayette Road North | St. Paul, MN | 55155-4194 kirsten.barta@state.mn.us I www.pca.state.mn.us 651-757-2827 Our mission is to protect and improve the environment and human health NOTICE: This email (including attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521. This email may be confidential and may be legally privileged. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copying of this communication is strictly prohibited. Please reply back to the sender that you have received this message in error, then delete it. Thank you 91 PC Exhibit DCommunication from MPCA MINNEHAHA CREEK QUALITY OF WATER July 26, 2024 Park Gun Club Attn: Larry Compton 3660 County Road 6 0rono, MN 55356 WATERSHED DISTRICT QUALITY OF LIFE RE: Notice of conditional Approval for MCWD permit Application #24-265, Park Gun club Dear Mr. Compton, Thank you for submitting an application for a Minnehaha Creek Watershed District permit for Erosion Control and Floodplain Alteration 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 above mentioned permit application to be complete. Therefore, the application is approved with the following conditions: • Submission ofa Financial Assurance in the amountof$5,000forthe restoration of the wetland. • Indication on the plans where siltfencewill be placed duringthe work. 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 tionas@minnehahacreek.org if you have any questions or concerns. Respectfully, _EEiii/ ,f tyy4-,/r ,c.-;y- Trey Jonas Permitting Technician We collaborate with public and private partners to protect and improve land and water for current and future generations. 15320 Minnetonka Boulevard, Minnetonka, MN 55345 . (952) 471-0590 . Fax: (952) 471-0682 . www.minnehahacreek.org 18202 Minnetonka Boulevard, DeeDhaven, MN 55391 . 952-471-0590 . Fax: 952-471-0682 . www.minnehahacreek.ora 92 MCWD The north green line indicates the max lead shot fall line (770' from the trap's 27 yard line). The south green line indicates the south border of the lead shot fall area (375' from the trap's 27 yard line). The green outlined area represents the lead shot fall area - this is the reclamation area. The blue lines represent the 375' distance from the trap's 27 yard line to the south border of the lead shot fall area. The long red lines represent the 770' distance from the trap's 27 yard line to the max lead shot fall line. 93 PC Exhibit E The north green line indicates the max lead shot fall line (770' from the trap's 27 yard line). The south green line indicates the south border of the lead shot fall area (375' from the trap's 27 yard line). The green outlined area represents the lead shot fall area - this is the reclamation area. The blue lines represent the 375' distance from the trap's 27 yard line to the south border of the lead shot fall area. The long red lines represent the 770' distance from the trap's 27 yard line to the max lead shot fall line. 94 Lead shot fall area dimensions – this is the area of lead shot reclamation. Reclamation would be 14 inches deep. Reclamation would include 8,834 cubic yards of material. 95 96 97 PC Exhibit F Park Gun Club 98 99 100 Hennepin County Locate & Notify Map 3660 6th Ave N 0 410 820205 Feet Date: 8/26/2024 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 101 PC Exhibit G 38 29-118-23 31 0001 PARK GUN CLUB C/O JEFF STARKMAN 7101 MADISON AVE WEST MINNEAPOLIS MN 55427 38 29-118-23 31 0002 THREE RIVERS PARK DISTRICT 3000 XENIUM LA N PLYMOUTH MN 55441 38 29-118-23 32 0006 THREE RIVERS PARK DISTRICT 3000 XENIUM LA N PLYMOUTH MN 55441 38 29-118-23 34 0006 PARK GUN CLUB C/O JEFF STARKMAN 7101 MADISON AVE WEST MINNEAPOLIS MN 55427 38 29-118-23 34 0007 PARK GUN CLUB C/O JEFF STARKMAN 7101 MADISON AVE WEST MINNEAPOLIS MN 55427 38 29-118-23 42 0006 THREE RIVERS PARK DISTRICT 3000 XENIUM LA N PLYMOUTH MN 55441 38 29-118-23 43 0001 WILLIAM T & DONNA M OSTVIG 3560 SIXTH AVE N LONG LAKE MN 55356 38 29-118-23 43 0004 RICK D ANDERSON DAVID J LIND 3220 W BDE MAKA SKA PKWY 301 MINNEAPOLIS MN 55416 102 PLANNING COMMISSION Date: Sign I n ! ADDRESS 1. IWi> -r PRESENTTO SPEAK FOR: ITEM tt PUBLIC COMMENT 3 ❑ 2. 4I r & kw 17 6b 120,4 1',J2 I "' 3. ❑ 15. ❑ assistive listening device available upon request