HomeMy WebLinkAbout02-18-2025 Planning Commission Packet (2)Agenda
Planning Commission
Tuesday, February 18, 2025, 6:00 PM
2780 Kelley Parkway, Orono, MN 55356
952-249-4600 /oronomn.gov
1. Call to Order
2. Pledge of Allegiance
3. New Business
3.1. Oath of Office- Kelly Prchal, Andrew Jarnot, Thomas Brandabur
4. Approval of Agenda
5. Approval of Minutes
5.1. Planning Commission Minutes of November 18, 2024
6. Public Hearings
6.1. LA24-000054, Rob Page, 430 Old Crystal Bay Road North, Conditional Use Permit,
Preliminary Plat (Laura Oakden)
6.2. LA24-000059, Blue Pencil Collective o/b/o Bradley Pass, 215 North Arm Lane, Preliminary
Plat: "Idyllvale Shores", Public Hearing, Review #2 (Melanie Curtis)
6.3. LA24-000065, Hartman Companies, 980 Heritage Lane, Conditional Use Permit (Matthew
Karney)
6.4. LA24-000066, Dean & Susan Thomson, 430 East Long Lake Road, Conditional Use Permit
& Variances (Matthew Karney)
6.5. LA24-000067, Northstar Renovations LLC, 2691 Ethel Avenue, Variances (Matthew
Karney)
6.6. LA24-000070, Tom Ryan, 2195 Watertown Road, Easement Vacation (Melanie Curtis)
6.7. #LA25-000001, Tom Bray o/b/o Edward H. Hamm Jr., Trustee, 485 Orono Orchard Road
South, Preliminary Plat: Sky Blue Waters and Termination of Covenant, (Melanie Curtis)
6.8. LA25-000003, Stonewood LLC, 155 Wear Lane North, Variances (Matthew Karney)
6.9. LA25-000004, Norton Homes o/b/o Mark Ferry & Elizabeth Flynn Ferry, 3545 Ivy Place,
Average Lakeshore Setback Variance (Melanie Curtis)
6.10. LA25-000005, Schwarz Builders Inc, 1480 Bohns Point Road, Variances (Matthew Karney)
6.11. LA24-000063, City of Orono, Comprehensive Plan Amendment (Laura Oakden)
7. Other Items
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.
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8. Adjournment
9. Old Business
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Date: February 18, 2025 Item: 3.1
Presenter: Laura Oakden, Community Development Director
Section: New Business
Title: Oath of Office- Kelly Prchal, Andrew Jarnot, Thomas Brandabur
1.Purpose:
Conduct the Oath of Office for Kelly Prchal, Andrew Jarnot, Thomas Brandabur
2.Background:
Kelly Prchal, Andrew Jarnot, Thomas Brandabur are newly appointed Planning Commissioners.
The Council approved their new appointments in January 2025. Each member should restate the
Oath of Office to begin their appointments.
3.Planning Commission Action Requested:
Kelly Prchal, Andrew Jarnot, Thomas Brandabur should state the Oath Of Office
AGENDA ITEM
Exhibits
Oath_of_Office_-_2025
Planning Commission Appointments Resolution 7555 2.7.25.
3
OATH OF OFFICE
OATH
I, Kelly Prchal, do solemnly swear that I will support the Constitution of the
United States and the Constitution of the State of Minnesota, and that I will fa
ithfully discharge the duties of the Office of Planning Commissioner of the City
of Orono in the County of Hennepin, the State of Minnesota, to the best of my
judgment and ability.
________________________________________________________________
S ignature
State of Minnesota
ss.
County of Hennepin
Subscribed before me this 18th day of February, 2025
(stamp) _________________________________
Signature
4
OATH OF OFFICE
OATH
I, Andrew Jarnot, do solemnly swear that I will support the Constitution of the
United States and the Constitution of the State of Minnesota, and that I will fa
ithfully discharge the duties of the Office of Planning Commissioner of the City
of Orono in the County of Hennepin, the State of Minnesota, to the best of my
judgment and ability.
________________________________________________________________
S ignature
State of Minnesota
ss.
County of Hennepin
Subscribed before me this 18th day of February, 2025
(stamp) _________________________________
Signature
5
OATH OF OFFICE
OATH
I, Thomas Brandabur , do solemnly swear that I will support the Constitution
of the United States and the Constitution of the State of Minnesota, and that I
will fa ithfully discharge the duties of the Office of Planning Commissioner of
the City of Orono in the County of Hennepin, the State of Minnesota, to the best
of my judgment and ability.
________________________________________________________________
S ignature
State of Minnesota
ss.
County of Hennepin
Subscribed before me this 18th day of February, 2025
(stamp) _________________________________
Signature
6
7
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO.7555
A RESOLUTION DESIGNATING
APPOINTMENTS TO PLANNING COMMISION
WHEREAS,the City of Orono, is authorized by Minn. Stat. 462.354, may create a
planning agency; and
WHEREAS, City Code of Ordinances section 74 establishes a Planning Commission of
seven members; and
WHEREAS,the city council conducted interviews on February 3; and
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Orono,
Minnesota new appointments for the Orono Planning Commission are as follows:
APPOINTMENT/DESIGNATION Term End Name
Planning Commissioner Reappointment March 31, 2028 Chris Bollis
Planning Commissioner March 31, 2028 Kelly Prchal
Planning Commissioner March 31, 2027 Andrew Jarnot
Planning Commissioner March 31, 2027 Thomas Brandabur
Planning Commissioner Alternate March 31, 2026 - Annual Drew Herther
Adopted by the City Council of Orono, Minnesota at a regular meeting held February 10, 2025.
ATTEST:CITY OF ORONO
_____________________________________________________________________
Christine Lusian, City Clerk Bob Tunheim, Mayor
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Date: February 18, 2025 Item: 5.1
Presenter: Laura Oakden, Community Development Director
Section: Approval of Minutes
Title: Planning Commission Minutes of November 18, 2024
1.Purpose:
Approve the Planning Commission Minutes of November 18, 2024
2.Planning Commission Action Requested:
Approve the Planning Commission Minutes.
AGENDA ITEM
Exhibits
11.18.2024 PC Minutes.
9
Minutes
Planning Commission Regular Meeting
Monday,November 18, 2024, 6:00 PM
City Council Chambers 2780 Kelley Parkway, Orono, MN 55356
Page 1 of 6
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 Jon Ressler, Ted
Schultze, Bob Erickson, and Mark McCutcheon (arrived at 6:41 p.m.).Commissioners Scott Kirchner and
Gary Kraemer were absent.
Staff present: Community Development Director Laura Oakden,City Planner Melanie Curtis, and City
Planner Matthew Karney.
2.PLEDGE OF ALLEGIANCE
3.APPROVAL OF AGENDA
Schultz moved, Ressler seconded, to approve the Agenda. VOTE: Ayes 4, Nays 0.
4.APPROVAL OF PLANNING COMMISSION MEETING MINUTES OF OCTOBER 21,
2024
Ressler moved, Schultze seconded, to approve the minutes of the Orono Planning Commission
meeting of October 21, 2024. VOTE: Ayes 4, Nays 0.
5.PUBLIC HEARINGS
5.1.LA24-000040,Eva Kotilinek o/b/o Barry & Robin ORourke, 2300 6th Avenue N,
Preliminary Plat
The Planning Commission is requested to review the Staff report, receive a presentation,and discuss and
approve the preliminary plat subdividing of the property into two lots.
The Planning Commission discussed the item and asked questions of staff. The applicant was present.
Chair Bollis opened the public hearing at 6:06 p.m.
Al Crain, 1310 Phillips Drive; asked about the existing trees on the property.
Chair Bollis closed the public hearing at 6:09 p.m.
Commissioners call the application pretty straightforward, noting that the existing barn would become
non-conforming.
Ressler moved, Schultze seconded, to approve LA24-000040, 2300 6th Ave. N., Preliminary Plat as
applied. VOTE: Ayes: 4, Nays 0.
5.2.LA24-000050,RLA FAMILY LP,1449 SHORELINE DRIVE,VARIANCE AND
COMMERCIAL SITE PLAN REVIEW
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Minutes
Planning Commission Regular Meeting
Monday,November 18, 2024, 6:00 PM
City Council Chambers 2780 Kelley Parkway, Orono, MN 55356
Page 2 of 6
The Planning Commission is requested to review the Staff report, receive a presentation,and discuss and
approve hardcover, fencing and parking lot setback variances and site plan review to establish a new
parking lot at an existing marina business.
The Planning Commission discussed the item and asked questions of staff and the applicant,Travis
Anderson, 3260 North Shore Drive.
Chair Bollis opened the public hearing at 6:19 p.m.
There were no public comments.
Chair Bollis closed the public hearing at 6:19 p.m.
Commissioners asked about safety and said it seemed like a sensible approach and made the parking
conforming with the road.
Erickson moved, Schultze seconded, to approve LA24-000050,1449 Shoreline Drive,
Variance and Commercial Site Plan Review.VOTE: Ayes: 4, Nays 0.
5.3.LA24-000058, TIM BROWN, PHI DECKS, 975 WILDHURST TRAIL,
VARIANCES
The Planning Commission is requested to review the Staff report, receive a presentation,and discuss and
approve variances to increase the upper deck and enclose the lower deck.
The Planning Commission discussed the item and asked questions of staff. The applicant was present.
Chair Bollis opened the public hearing at 6:31 p.m.
There were no public comments.
Chair Bollis closed the public hearing at 6:31 p.m.
Commissioners cited the small buildable area as supporting practical difficulty and noted the reduction of
hardcover planned.
Ressler moved, Schultze seconded, to approve LA24-000,variances. VOTE: Ayes: 4,
Nays 0.
5.4 LA24--000059, BLUE PENCIL COLLECTIVE/KELSEY JOHNSON (DEVELOPER)
O/B/O BRADLEY PASS, 215 NORTH ARM LANE (INCL. PIDS 06-117-23-24-0002 AND 06-117-
23-23-0021), PRELIMINARY PLAT: IDYLLVALE SHORES
The Planning Commission is requested to review the Staff report, receive a presentation,and discuss and
table the preliminary plat to allow time for updating it to meet the required lot areas and other missing or
ambiguous information and to reconfigure lot five to meet the City standards along with other findings,
such as lot 6 not conforming as an outlot for lake access for the development.
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Minutes
Planning Commission Regular Meeting
Monday,November 18, 2024, 6:00 PM
City Council Chambers 2780 Kelley Parkway, Orono, MN 55356
Page 3 of 6
McCutcheon arrived at 6:41 p.m.
The Planning Commission discussed the item and asked questions of staff and the applicant, Gabriel Pass,
Minneapolis, the brother of Bradley Pass, both sons of Carol Pass, the recently deceased owner.He said it
was important to their mother and the family to develop the land in as way that respects the wetland and
conservation. Kelsey Johnson, Blue Pencil Collective of White Bear Lake,said they were prepared to
make the necessary adjustments to meet the requirements of the City and added they have no plans to
provide lake access for lot 6.
Chair Bollis opened the public hearing at 6:55 p.m.
Mandy Little,4620 North Arm Drive, said it was their understanding when they moved in that the land
would be left natural and that they would be the neighbors most impacted by the development.
Tim Pratt, 185 Bayside Trail, questioned the designation of a City street there and pointed out the water
flow.
Stephanie Burns, 370 North Arm Lane, said they have a quiet neighborhood with small children and
could not see two long cul-de-sacs with additional houses off their narrow street.
Jeff Toole, no address given,said the neighborhood is not as dense as the proposal to put five homes into
10 acres.
Mark Larson, 366 North Arm Lane, said they have been there for 40 years and live in the original
farmhouse and they and other neighbors have concerns about homes being shoe-horned next to theirs.
Mike Demeuse,350 North Arm Lane, asked if there would be another public hearing after the proposed
plat is redesigned and said it doesn’t seem like the goal is preservation with the number of houses
proposed and a long hardcover drive serving one house.
Brian Hedeen, 360 North Arm Lane, also said their road is too narrow for two cars to meet and he doesn’t
know how that would work for construction and life after that with increased traffic.
Melissa Demeuse, 350 North Arm Lane, said she is concerned about the narrow road and traffic due to
another neighborhood being there with more residents and possible hired services like landscapers.
Gabriel Pass, 2536 18th Ave.said by not developing the land his family has been providing a wilderness
to the neighborhood and paying taxes on it and they don’t have an obligation to do that in perpetuity. He
said the property would be sold and developed eventually, possibly by other persons less interested in
working with the City and the neighbors.
M. Larson, 366 North Arm Lane,also pointed out the narrow lane all the neighbors live on and asked if
there would be a plan to take land from them to widen the lane. She said some of the homes are right on
the lane.
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Minutes
Planning Commission Regular Meeting
Monday,November 18, 2024, 6:00 PM
City Council Chambers 2780 Kelley Parkway, Orono, MN 55356
Page 4 of 6
Philip Little, 4620 North Arm Lane, asked that Blue Point eliminate the buffer zone of two-inch trees
which would take too long to grow to be large enough,and said if they had talked to the neighbors they
could have avoided some issues.
Chair Bollis closed the public hearing at 7:16 p.m.
Commissioners asked if North Arm Lane is a City street maintained by the City and also asked about the
Lot 6 outlot and if a condition could be set that it could not be used for lake access.Commissioners said
the City is generally not interested in approving non-conforming lots like lot five but that the owners have
a right to develop within the code.However the land is a wetland, they said, and it should be studied to
make sure the land would even have buildable lots and there should be oversight from the Lake
Minnehaha Creek Watershed. Rules for City Streets and cul-de-sacs have changed since the narrow lane
was constructed. It was pointed out that the additional road and cul-de-sacs would assist the City in
servicing North Arm.
Ressler moved, McCutcheon seconded, to table LA24--000059 and continue the public hearing, 215
North Arm Lane (incl. PIDs 06-117-23-24-0002 and 06-117-23-23-0021), Preliminary Plat: Idyllvale
Shores. VOTE: Ayes:5, Nays 0.
RECESS & RECONVENE
Chair Bollis recessed the meeting at 7:45 p.m. The meeting was reconvened after a short break.
5.5 LA24-000060, TVL STUDIOS, 755 TONKAWA RD, CONDITIONAL USE PERMIT FOR
RETAINING WALLS
The Planning Commission is requested to review the Staff report, receive a presentation,and discuss and
approve the conditional use permit for replacement of a deck and retaining wall on the lakeshore.
The Planning Commission discussed the item and asked questions of staff and the applicant, Travis Van
Liere, TVL Studio, Minneapolis, the architect for the project.
Chair Bollis opened the public hearing at 7:50 p.m.
There were no public comments
Chair Bollis closed the public hearing at 7:50 p.m.
Commissioners said it was a good plan respecting the historical nature of the property and one that
reduces the footprint, hardcover,and height of the retaining walls.
McCutcheon moved, Ressler seconded, to approve LA24-000060,, 755 Tonkawa Rd, Conditional
Use Permit for Retaining Walls. VOTE: Ayes: 5, Nays 0.
5.6.LA24-000062, TEXT AMENDMENT: SECTIONS 78-1 AND 78-823 INDUSTRIAL USES
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Minutes
Planning Commission Regular Meeting
Monday,November 18, 2024, 6:00 PM
City Council Chambers 2780 Kelley Parkway, Orono, MN 55356
Page 5 of 6
The Planning Commission is requested to review the Staff report, receive a presentation,and discuss and
approve a text amendment listing garage condos as conditional uses in the industrial district and providing
conditions and requirements for the use.
The Planning Commission discussed the item and asked questions of staff.
Chair Bollis opened the public hearing at 7:58 p.m.
There were no public comments.
Chair Bollis closed the public hearing at 7:58 p.m.
Commissioners asked about restrictions on commercial use noting that they would not want a garage
condo to become a commercial retail-front but recognized that businesses may utilize a condo for storage
of vehicles. Staff explained the restriction is intended that a business could not operate out of a unit or
receive mail or deliveries. Commissioners suggested operating a business should be defined so it would
be clear that businesses could use the garage condos for things like storage and warehousing.
Ressler moved, McCutcheon seconded, to approve LA24-000062, Text Amendment: Sections 78-1
and 78-823 Industrial Uses as drafted,incorporating feedback to add storage and warehousing
options to Letter C.VOTE: Ayes: 5, Nays 0.
5.7 LA24-0000064, TEXT AMENDMENT: DRIVEWAY, ROAD, AND TREE ALTERATION
STANDARDS WITHIN THE SHORELAND OVERLAY DISTRICT
The Planning Commission is requested to review the Staff report, receive a presentation,and discuss and
approve a text amendment for driveway, road,and tree alteration standards within lakeshore set-back to
allow for flexibility based on topography or other site features and cleaning up the code with edits and
clarifications. Driveway wording would follow DNR ordinances.
The Planning Commission discussed the item and asked questions of staff.
Chair Bollis opened the public hearing at 8:27 p.m.
There were no public comments.
Chair Bollis closed the public hearing at 8:27 p.m.
Commissioners were in favor of the revised text amendment.
Ressler moved, Schultze seconded, to approve LA24-0000064, Text Amendment: Driveway, Road,
and Tree Alteration Standards within the Shoreland Overlay District.VOTE: Ayes: 5, Nays 0.
6.OTHER ITEMS
Community Development Director Oakden updated the Commission on City Council actions on items
that had been reviewed by the Planning Commission that in each case followed Planning Commission
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Minutes
Planning Commission Regular Meeting
Monday,November 18, 2024, 6:00 PM
City Council Chambers 2780 Kelley Parkway, Orono, MN 55356
Page 6 of 6
recommendations.She noted applications are still being accepted for the open Planning Commission
position.
7.ADJOURNMENT
Erickson moved, Schultze seconded, to adjourn the Planning Commission Meeting at 8:37 p.m.to
January 21,2025. VOTE: Ayes 5, Nays 0.
ATTEST:
_________________________________________
Christopher Bollis, Chair
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Date: February 18, 2025 Item: 6.1
Presenter: Laura Oakden, Community Development Director
Section: Public Hearings
Title: LA24-000054, Rob Page, 430 Old Crystal Bay Road North, Conditional Use
Permit, Preliminary Plat (Laura Oakden)
1.Purpose:
The applicant is requesting Conditional Use Permit, Preliminary Plat and Site Plan Review for an
eighty-five (85) unit Garage Condo development.
2.MN§15.99 Application Deadline:
The application was submitted December 12, 2024 and deemed complete on January 9, 2025.
Staff provided a administrative extension for review period to expire May 9 , 2025.
3.Background:
The applicant is proposing a 85-unit garage condo development within the Industrial District.
The Planning Commission reviewed the applicant’s request for site plan approval to allow Garage
Condominiums (Garage Condos) at 430 Old Crystal Bay Road North at their October 2024
meeting. The Commission was supportive of the type of use but determined the proposed use did
not match the listed uses for the Industrial district. The Planning Commission recommended the
applicant pursue a text amendment to include Garage Condos as a Conditional Use within the
Industrial district including establishment of standard conditions for that use. Following the
direction provided, the applicant withdrew their application and applied for a text amendment.
The text amendment was reviewed at the November Planning Commission and approved at the
December City Council meeting. In December, the applicant submitted an application for a
Conditional Use Permit and Site Plan review for Garage Condos including Preliminary and Final
Plat (to create the individual condo units).
The applicant submitted a narrative describing the proposed Garage Condo development. The
development will consist of 85 individual units between 800-1450 square feet for garage storage
including an upper mezzanine area/flex space. The units will be individually-owned for the
personal use of each owner. Each unit is designed to have utility connections for water and sewer
and will be customizable to include additional amenities such as bathrooms, kitchens, and/or
washers/dryers. The common spaces on the property will be managed by an association which will
provide for general maintenance and stormwater drainage of the site set by the applicant. The
development will not have a customer-facing/retail aspect outside the sale of individual units.
4.Public Comment:
Two public comments were received, they are included in the packet as Exhibit L.
5.Staff Recommendation:
Staff recommends approval of the proposed application subject to the applicant addressing all of
the applicable identified on the Planning Commission Staff Report (Exhibit A) before final
AGENDA ITEM
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Council approval.
6.Planning Commission Action Requested:
The Planning Commission should consider a motion to APPROVE the application including the
following conditions:
1. Approval of the Conditional Use Permit is conditioned to a preliminary and final plat
approval.
2. All permitting from MCWD and other agencies must be obtained
3. Any changes to or intensification of the use within the development may trigger additional
council review and approval
4. The applicant should provide a parking plan which includes traffic circulation and
maneuverability.
5. No development signage is proposed for the development. A sign plan should be submitted
prior to placement on the City Council’s agenda for review.
6. The lighting plan does not show any entrance lighting. Please clarify if lighting is proposed.
If proposed, a lighting plan should be submitted prior to placement on the City Council’s
agenda for review.
7. All comments made by City Staff be addressed.
Exhibits
Ex A Staff Report LA24-000068, 430 CBR
Ex B Application and Narrative
Ex C CUP Standards
Ex D Site Plan, Utility and Grading
Ex E Survey and Proposed CIC Preliminary Plat
Ex F Landscape Plan
Ex G Elevation Plans
Ex H Lighting Plans
Ex I DRAFT Convenants and Easments
Ex J SAC Determiniation for Building 1 and 2
Ex K Staff Review and Comments
Ex L Public Comments
Ex M Drainage Report
Ex N Industrial Road Construction Plans
Ex O Aerial Images
Ex P Mailing Map and Labels
Ex Q Amended Utility Plans 2.14.25
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Date Application Received: 12/12/2024
Date Application Considered as Complete: 01/09/2025
120-Day Review Period Expires: 05/09/2025
To: Chris Bollis and Planning Commission Members
Adam Edwards, City Administrator
From: Laura Oakden, Community Development Director
Date: February 18, 2025
Subject: #LA24-000054, Rob Page, 430 Old Crystal Bay Road North,
Public Hearing for Conditional Use Permit, Preliminary Plat, and Site Plan Review
History
The Planning Commission reviewed the applicant’s request for site plan approval to allow
Garage Condominiums (Garage Condos) at 430 Old Crystal Bay Road North at their October
2024 meeting. The Commission was supportive of the type of use but determined the proposed
use did not match the listed uses for the Industrial district. The Planning Commission
recommended the applicant pursue a text amendment to include Garage Condos as a
Conditional Use within the Industrial district including establishment of standard conditions for
that use. Following the direction provided, the applicant withdrew their application and applied
for a text amendment. The text amendment was reviewed at the November Planning
Commission and approved at the December City Council meeting. In December, the applicant
submitted an application for a Conditional Use Permit and Site Plan review for Garage Condos
including Preliminary and Final Plat (to create the individual condo units).
Summary
The Applicant requested approval for a new Garage Condo business development on the subject
property. The property is the last vacant site in the Crystal Bay Business Center (CBBC)
development within the City’s industrial district. The site is directly north of HWY 12. At this
time, the CBBC improvements have not been fully built out.
The outstanding work includes the construction of Orono Industrial Boulevard, fire turn around,
and installation of utilities. The applicant should submit a maneuverability plan to support the
fire turnaround requirements for the development. The road and utility improvements must be
completed prior to issuance of building permits for the subject property according to the CBBC
development agreement. The proposed Garage Condo development will access off of the new
Orono Industrial Boulevard on the north side of the parcel. There are residential properties to
the west of the site across Old Crystal Bay Road North and other industrially-zoned properties
directly to the north and east of the property.
The applicant submitted a narrative describing the proposed Garage Condo development. The
development will consist of 85 individual units between 800-1450 square feet for garage storage
including an upper mezzanine area/flex space. The units will be individually-owned for the
personal use of each owner. Each unit is designed to have utility connections for water and
Application Summary: The applicant is requesting a Conditional Use Permit, Preliminary Plat
approval, and Site Plan approval for an eighty-five (85) unit Garage Condo development.
Staff Recommendation: Planning Department Staff recommends approval.
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FILE #LA24-000068
February 18, 2025
Page 2 of 10
sewer and will be customizable to include additional amenities such as bathrooms, kitchens,
and/or washers/dryers. The common spaces on the property will be managed by an association
which will provide for general maintenance and stormwater drainage of the site set by the
applicant. The development will not have a customer-facing/retail aspect outside the sale of
individual units.
The applicant noted that the development would not have employees, but may utilize a space
for unit sales while under construction. The Planning Commission should request additional
testimony regarding the parameters and installation of a sales office (location, signage, hours,
parking, end date, etc.). The applicant also notes the site will operate with estimated business
hours between 6a m-10 pm seven days a week. The site will be secured with a fence and gate.
The applicant has not indicated any garbage facilities on the site; further clarification should
be provided by the applicant.
Staff Analysis
The proposed Garage Condos are intended to be used as private garage/storage spaces for
individual owners and will include a shared common exterior area. The shared common area
consists primarily of drive aisles, parking, and green spaces which are not intended to be used
for storage or warehousing, or any commercial or industrial activity.
The individual garage units will have significant build-out capabilities, allowing the units to be
customized to the owner’s specific needs. The applicant stated that living and/or dwelling
within the units will be expressly prohibited within the association covenants. Personalization of
each unit could include any combination of kitchen, bathroom, or laundry facilities; and
recreational spaces such as lounges, personal offices, or other personal storage could also be
included.
Staff finds that with the conditions met, the proposed use aligns the Industrial district uses.
Conditional Use Permit Analysis / Applicable Regulations
Section 78-916 Granting of a Permit:
Required conditions and policies of a conditional use permit. The burden of proof
demonstrating compliance with the following criteria shall be the responsibility of the
applicant. In determining whether to approve or deny a conditional use permit, the city
council and planning commission shall find that the conditional use permit complies with the
following criteria:
(a) The planning commission may recommend and the council may grant a conditional use
permit as the use permit was applied for or in modified form. On the basis of the
application and the evidence submitted, the city must find that the proposed use at the
proposed location is or will be:
(1) Consistent with the community management plan; The proposed use is consistent
with the community management plan as it is consistent with the intended Industrial
use of the site.
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FILE #LA24-000068
February 18, 2025
Page 3 of 10
(2) Compliant with the zoning code, including any conditions imposed on specific uses as
required by article V, division 3 of the City Code; The proposed use meets all the
requirements of the Code and the Industrial District as a Conditional Use.
(3) Adequately served by police, fire, roads, and stormwater management; The site is
adequately served by police, fire, roads, and stormwater management. It is being
designed and developed in coordination with consultants and experts to ensure that
there are no issues for any of these items.
(4) Provided with an adequate water supply and sewage disposal system; The site is
provided with adequate water supply and sewage disposal system for the proposed
use. Staff recommends the utilities within the development be privately installed and
maintained. The City will have access for shut off or emergency services. The
developer will be responsible for installation and maintenance of the utility
infrastructure.
(5) Not expected to generate excessive demand for public services at public cost; The
proposed use is not expected to generate excessive demand for public services at
public cost based on other similar developments’ historic operating records.
(6) Compatible with the surrounding area as the area is used both presently and as it is
planned to be used in the future; The proposed use is compatible with the
surrounding area and with the other Industrial uses to both the north and east of the
site. There are residentially-zoned properties across Old Crystal Bay Road North. This
low-intensity Industrial use could be preferable to the adjacent residential properties
as compared other Industrial uses such as manufacturing or similar uses which may
create more noise, pollution or other externalities.
(7) Consistent with the character of the surrounding area, unless a change of character is
called for in the community management plan; The design of the buildings is
consistent with the architectural design standards within the industrial district and the
industrial uses.
(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;
The design of the buildings and site are consistent with the surrounding area.
(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; This is a
conditional use within the Industrial district. It will not impair the use and enjoyment
of the properties in the area. The development is proposed to meet the conditions of
the district.
(10) Provided with screening and buffering adequate to mitigate undesirable views and
activities likely to disturb surrounding uses; The proposed landscape plan indicates a
variety of plantings surrounding the edge of the property creating screening for the
site. The site is surrounded on two sides by industrial parcels, a state highway to the
south, and a residential development to the west divided by a 66-foot-wide right-of-
way (Old Crystal Bay Road N). The proposed vegetative screening and distance from
the adjacent residential developments should provide adequate mitigation from any
negative impacts of the site.
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FILE #LA24-000068
February 18, 2025
Page 4 of 10
(11) Not create a nuisance which generates smoke, noise, glare, vibration, odors, fumes,
dust, electrical interference, general unsightliness, or other means; The applicant
states the activity resulting from the Garage Condos will not cause a nuisance, smoke,
noise, glare, vibration, odors, fumes, dust, electrical interference, or general
unsightliness.
(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 adjoining properties should not experience parking issues or traffic
congestion. The proposed use is expected to have significantly less traffic than the
generally allowed uses in the Industrial zoning district.
(13) Designed to take into account the natural, scenic, and historic features of the area
and to minimize environmental impact; The site is being designed to enhance the
natural environment with the stormwater management and planting plans. The site
was originally graded when the industrial district was platted in 2007 (Crystal Bay
Business Center) and has been vacant with no native plantings or natural areas.
(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; and The site is being
designed to not cast glare toward public right-of-way or neighboring residential uses
or districts.
(15) Not detrimental to the public health, public safety, or general welfare. The proposed
use is not detrimental to the public health, public safety, or general welfare and is
expected to have less of a chance of any negative impact than the generally allowed
uses within the Industrial zoning district.
(16) Economic return. The use will provide an economic return to the community and be
commensurate with other industrial uses for which the property could feasibly be
used. In considering the economic return to the city, the planning commission and
city council may give weight to the sociological impact of proposed use, both
positive and negative. The applicant noted the use is consistent with the industrial
district and other surrounding uses. The site is screened and buffered from abutting
residential districts. The use of the property will be interior to the buildings with little
exterior activity thus limiting negative impacts to the surrounding area.
Section 78-823 Industrial District CUP:
(a) General provisions. Within the I-Industrial District, no structure or land shall be used for one
or more of the following uses without approval of a conditional use permit. The following are
conditional uses in the I-Industrial District:
(11) Garage condos, provided that:
a) No exterior parking or storage is permitted for a period longer than twenty-four
(24) hours. A parking plan must be provided to demonstrate accessibility to the
site.
The applicant notes in their covenants that no outdoor storage will be permitted. A
parking plan should be provided for the site.
b) The premises shall not be used or customized for residential living purposes or
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FILE #LA24-000068
February 18, 2025
Page 5 of 10
community gatherings or events.
The applicant states this condition is met. The covenant for the development
includes prohibition of living/dwelling within units on site.
c) The premises shall not be used for the operation of a business for retail purposes,
including but not limited to automobile repair. This does not prohibit minor
maintenance, care, or upkeep of motor vehicles, boats, trailers, or recreational
vehicles stored in individual units. Storage and warehousing may be permitted.
The applicant states this condition is met for the proposed development. If any new
or intensified uses are contemplated in the future, a review by City staff and
approval by the City Council would be required.
d) The management, use, and customization of the garage condos, including common
areas, and individual units, shall be governed by an association, which association
rules shall place adequate controls to ensure compliance with applicable city code.
A draft declaration of covenants for management of the development has been
submitted. This condition will be met.
e) The premises shall maintain adequate access to individual units and any common
areas or office space for emergency response and snow removal/storage.
The developers are proposing easements for access, drainage, and utilities
throughout the common spaces including the drive aisles. A knox box (a secure key
box that allows emergency personnel to access a building/site during an
emergency) will be required at the entrance gate for emergency personnel and
vehicle access. This condition is met.
f) The premises shall contain sufficient lighting and/or security measures to deter or
mitigate criminal activity and ensure adequate access for emergency response.
A lighting plan has been provided. The property is also proposed to be fenced and
gated. This condition is met.
g) Any individual unit that is connected to the city sewer and water system shall have
individual meters. The applicant is proposing individual water and sewer
connections to serve each unit; and each unit will have their own meter.
Preliminary Plat / Industrial Site Plan Review
Section 78-825 Lot area, height, setbacks, and lot coverage
(a) Minimum Lot Area Requirement & (c) Lot Width:
Industrial Lot Area Lot Width
Required 40,000 s.f 200’
Actual 168,929.28 s.f. (4.88 acres) 276’
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FILE #LA24-000068
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(d) Building Setbacks:
Industrial Required Proposed
Front (OCB R N) 35’ 35’
North Side 20’ 35’
South Side 20’ 35’
Rear (East) 20’ 45’
(f) Lot Coverage / Structural Coverage:
Total Lot Area Permitted Proposed
212,572 s.f. (4.88 acres) 45% 95,900 s.f. (2.2 Ac)
45%
Section 78-1701. Hardcover Calculations:
Stormwater
Overlay
District Tier
Total Area in
Tier
Allowed
Hardcover
Existing
Hardcover Proposed Hardcover
Tier 5 168,929.28 s.f. 143,589.8 s.f.
(85 %) Vacant 126,869 s.f./ 3.671 Acres
(75 %)
Section 78-825 (e) Building height. The industrial district allows for a 40’ defined building
height. The lot is relatively flat. Most of the lot sits at 1025’ elevation grade. The proposed first
floor elevations of the buildings range from 1024.7’ to 1026.6’. The overall site will maintain a
similar grade to the existing lot. The buildings are proposed to have a 39.5-foot peak height
(measured from the first-floor elevation to the top of the gable) and measure 31.75 feet to the
midpoint of the roof. With the minimal grading required for the site, staff anticipates the
defined height (grade to the midpoint of a gabled roof) to be approximately 32 feet. The
proposed development will conform to the 40’ defined height maximum.
Section 78-826 –Building Design and Construction:
(5) Long Facades: Where large structures with overly-long facades (walls) are proposed,
such as warehouses, building mass should be articulated with variations in the building
plane and parapet height and through the use of other unique design or site plan
features. The applicant has proposed roof gables to break up the roof mass and create
interest along the roofline. Windows and/or wall breaks are proposed on the sides of the
buildings.
(6) Architectural design: Architectural design should create harmony through the use of
different textures, complementary colors, shadow lines and contrasting shapes. The use
of walls in a single color, with little detailing or completely blank is discouraged. The
proposal shows a mix of materials including stone, stucco, siding, and shingles. The
colors are charcoal grey/brown with a light stone accent and a black roof.
(9) Building Materials: Use of substantial amounts of high-quality masonry materials
(face brick, stucco, stone) is encouraged. Buildings shall be constructed with no less than
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FILE #LA24-000068
February 18, 2025
Page 7 of 10
67 percent of these materials, excluding window and door areas. Evaluation of building
materials shall be based on the quality of its design and relationship and compatibility to
building materials in the immediate neighborhood. The applicant is proposing to use
brick and stucco on each building in combination to meet the 67% high-quality material
requirement. The remaining percentage will be made up of a cement-board siding
material finished in a similar color to match the exterior.
Section 78-827 Off-Street Parking:
(d) Required Parking: The City Code does not list a parking standard associated with the
garage condo use. The applicant is not proposing any outdoor parking. Because the use
specifically involves interior parking spaces, Staff applied the following provision: City
Code Sec. 78-827(d) (3) Multi-tenant industrial buildings: “One space for each 400
square feet of gross floor area, or the sum of the component gross floor areas as
follows, whichever is greater”. Based on this provision, a total of 235 parking spaces
should be provided; each unit would need to provide 2.7 parking spaces to conform. As
designed, each unit would support 2-4 enclosed parking spaces; 60 of the larger-sized
units would support 4 cars (240 spaces) and 25 smaller units would support 2 parking
spaces (50 spaces). This results in a total of 290 indoor spaces for the site exceeding the
calculated requirement.
Additionally, the site layout allows for loading and parking directly in front of each unit.
It is anticipated in the applicant’s business model that each individual unit will
accommodate the necessary parking for the owner. The applicant should provide plans
or additional testimony demonstrating their plans for parking on the site including a
dimensional layout for the per-unit parking and vehicle maneuverability within the
site.
(g) Snow storage in parking stalls. Provision shall be made in the parking area for
adequate snow storage or removal in order to ensure that the required number of
spaces is available at all times during the year. The applicant has indicated that storage
of snow can be addressed by using the south and east side yards of the property.
(h) Circulation. Traffic circulation systems shall be designed to accommodate anticipated
traffic demands. Vehicular traffic generated by industrial uses shall be channeled and
controlled in a manner which will avoid congestion or interference with other vehicular
transportation systems and pedestrians and which will avoid creating traffic hazards and
excessive traffic. Staff finds the layout of the proposed plan is reasonable and should
support traffic circulation.
(i) Parking size. Each parking space shall have a minimum width of nine feet and a
minimum depth of 20 feet exclusive of aisle and maneuvering space. While there are no
exterior spaces or guest parking areas proposed, the drive aisles will be 50’ wide. This
width could support parking for each unit and allow interior traffic to pass within the
development.
(m) Lighting. Any lighting used to illuminate an off-street parking area shall be hooded
and so arranged as to reflect the light away from adjoining property, abutting residential
uses, and public rights-of-way. The applicant submitted a lighting plan that shows wall-
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FILE #LA24-000068
February 18, 2025
Page 8 of 10
mounted lighting at each garage condo unit. The lighting plan indicates the lighting will
primarily serve the interior of the site. The applicant is not showing any lighting at the
entrance of the development or directed outwardly. The applicant should be asked for
additional testimony regarding the development lighting for front entrance.
(n) Required Screening. The drive aisles will be screened from the public street view.
Section 78-829. Landscaping:
(b) Fencing. A 6-foot-tall black wrought iron fence is proposed to surround the
development creating a delineation of the property line and screening for the site. The
fence also adds to the design of the site. The applicant is proposing an electronic gate
access for the site as well.
(c) Minimum number of plantings. Industrial Districts shall contain, at a minimum the
greater of two trees per 1,000 square feet of gross floor area or two trees per 40 lineal
feet of site perimeter whichever is greater. The applicant is proposing 95,900 total
square feet of building footprint. Based on this, 192 trees are required to be planted.
The attached landscape plan indicates a mix of coniferous, ornamental, and deciduous
trees, and a mix of shrubs to meet the planting requirement. The applicant is also
proposing some areas of native grasses, and rock and grass buffers throughout the
development. The Industrial district requires specific species of trees be planted. The
applicant will follow the city code requirements for landscaping.
Section 78-832 - Signage: No development signage is proposed. The applicant has indicated
there will be wall signs/ Unit numbers placed to identify each unit. The applicant should clarify
whether or not a development sign will be installed, and if so, include details regarding the size
and location.
Preliminary Plat
The proposed development includes creation of 85 condo units. The property is not being
subdivided; platting is required in order to create the individual condo units. The land will be
owned by the developer or the development association as “common space”. This project does
not trigger application of the City’s Subdivision regulations as the land is not being subdivided,
rather individual condo units will be created through a Plat so they may be sold individually
similarly to a residential condominium development.
The project requires installation of a stormwater pond and is proposed to connect to the city’s
water and sewer infrastructure. A development agreement will be required to define the
responsibilities for these improvements; easements will be dedicated for drainage, utilities, and
access throughout the property.
Engineering and Fire Reviews
The City Engineer and Fire Chief have reviewed the draft plans as they relate to drainage,
stormwater, grading, and sprinkling/water access requirements. The City Engineer noted no
high-level concerns regarding drainage or stormwater. The applicant should address the list of
comments or areas of clarification provided by the City’s Engineering and Fire Departments.
Fees:
The submitted plans reflected each individual unit being provided with individual connections
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FILE #LA24-000068
February 18, 2025
Page 9 of 10
for City sewer and water. After additional discussion with Staff, the developer is considering a
water and sewer utility connection for each building to serve each row of garage condo units.
The connection type and number impacts the water and sewer area connection fees. If the
plans change to reflect connections for each building rather than each individual unit, an
amended utility plan must be submitted. A Sewer Availability Charge (“SAC”) determination by
the Metropolitan Council (Met Council) is required in order to calculate the appropriate fees for
sewer services. Staff is recommending to use the Met Council’s unit determination to calculate
the City’s water and sewer area connection charge due at the time of Final Plat.
At this time, due to the size of the buildings and the number/type of proposed connections it is
estimated that the development will require 11 SAC units according to the Met Council.
Therefore, City will calculate the water and sewer area charges for 11 units. Each individual
condo or suite will need its own water meter. A utility connection permit will be due at the time
of building permit issuance for each unit that will be metered as well.
DEVELOPMENT FEE ANALYSIS:
Fee Type Breakdown Estimated Total
Water Area Connection $4,370.00 x 11 units $48,070.00
Water Connection Permit Fee
(Due at time of connection)
$150.00 x 85 suites** $12,750.00 + meter costs
Sewer Area Connection $6,000.00 x 11 units $66,000.00
Sewer Connection Permit Fee
(Due at time of connection)
$150.00 x 85 Suites** $12.750.00 + meter costs
Sewer Availability Charge “SAC”
(Met Council)
$2,485.00 x 11 units* $27,335.00**
Stormwater Drainage Trunk Fee $9,690.00 x 4.89 acres $47,384.10
ESTIMATED DEVELOPMENT FEES = $ 214,289.10
*A SAC determination is required by the Met Council and may alter this fee.
Public Comment
We have received comments from two members of the public which are included in the packet
as exhibits.
Issues for Consideration
1. Will individual condo owners be permitted to make exterior changes or expansions such
as building additions, decks, porches, etc.? The applicant should address how they plan
to handle this activity since the individual garage condo owners will not own the land.
Although easements will be in place, the land outside the buildings will be common
space.
2. Does the Commission find the proposed application meets the Conditional Use and Site
Plan standards?
3. Is it reasonable to limit community events, gatherings, or guests on the property? The
applicant should address how they plan to address these issues.
4. The applicant submitted elevation plans for the proposed Garage Condos. Does the
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FILE #LA24-000068
February 18, 2025
Page 10 of 10
commission find the architectural measures applied to the long façade along Old Crystal
Bay Road to be acceptable?
5. The Commission should request additional testimony from the applicant regarding the
following:
a. Entrance Lighting
b. Parking and traffic circulation plan including vehicle maneuverability.
c. Garbage enclosures
d. Development Signage
e. Management office/leasing office
6. The applicant should address the Staff comments outlined in the Memo dated 1.15.25
before Building Permits are approved.
7. The applicant should provide testimony regarding the construction timeline.
Planning Staff Recommendation
Staff recommends approval of the proposed application subject to the applicant addressing all
of the applicable issues for consideration above before final Council approval.
The Planning Commission should consider a motion to APPROVE the application including the
following conditions:
1. Approval of the CUP will be conditioned upon preliminary and final plat approval.
2. All permitting from MCWD and other agencies must be obtained prior to issuance of
building permits.
3. Notification that any changes to or intensification of the use may trigger additional
council review and approval.
4. The applicant should provide a parking plan which includes traffic circulation and
maneuverability.
5. No development signage is proposed for the development. If a sign is intended, a sign
plan should be submitted prior to placement on the City Council’s agenda for final plat
review.
6. The lighting plan does not show any entrance lighting. Please clarify if lighting is
proposed. If proposed, a lighting plan should be submitted prior to placement on the
City Council’s agenda for final plat review.
7. All City Staff comments must be addressed prior to placement on the City Council’s
agenda for final plat review.
27
Land Use Application Summary
Application Date:12/12/2024
Address:430 Old Crystal Bay Road North
Orono, MN 55356
Parcel Number:3311823130016
Land Use Number:LA24-000068
Application Submitted By:Agent on behalf of property owner
Owner:Name: OLD CRYSTAL BAY LLC
Address: OLD CRYSTAL BAY LLC
Applicant:Name: Robert Page
Company: Orono Garage Condos LLC
Address: 5840 Club Valley Rd
Shorewood, MN 55331
robertlouis.page@gmail.com
Contact Information:Associated Contact: Mark Gronberg
markg@gronbergassoc.com
Associated Contact: Matt Hagstrom
Associated Contact:
Associated Contact:
Project Description:Garage Condos
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:
28
29
30
Created: 2024-07-18 07:35:50 [EST]
(Supp. No. 21, Update 3)
Page 1 of 3
Sec. 78-916. Granting of permit.
(a) The planning commission may recommend and the council may grant a conditional use permit as
the use permit was applied for or in modified form. On the basis of the application and the evidence
submitted, the city must find that the proposed use at the proposed location is or will be:
(1) Consistent with the community management plan; The proposed use is consistent with the
community management plan as it is consistent with the Land Use for the site which is shown
as Industrial for both Current and Planned Land Use and does not generate any negative
externalities not contemplated by the Plan.
(2) Compliant with the zoning code, including any conditions imposed on specific uses as required
by article V, division 3 of the City Code; The proposed use meets all of the requirements of the
code and the Industrial District CUP.
(3) Adequately served by police, fire, roads, and stormwater management; The site is adequately
served by police, fire, roads, and stormwater management and is being designed and developed
in coordination with consultants and experts to ensure that there are no issues for any of these
items.
(4) Provided with an adequate water supply and sewage disposal system; The site is provided with
adequate water supply and sewage disposal system for the proposed use.
(5) Not expected to generate excessive demand for public services at public cost; The proposed
use is not expected to generate excessive demand for public services at public cost based on
other similar developments’ historic operating records.
(6) Compatible with the surrounding area as the area is used both presently and as it is planned to
be used in the future; The proposed use is compatible with the surrounding area with other
Industrial uses to both the north and east of the site. There is residential across Old Crystal Bay
Road and this low-intensity Industrial use would be a very beneficial use to be adjacent to
residential as compared other Industrial uses such as manufacturing or similar uses which may
create more noise, pollution or other externalities.
(7) Consistent with the character of the surrounding area, unless a change of character is called for
in the community management plan; The high-end design of the building is consistent with the
surrounding area.
(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; The high-end
design of the building and site is consistent with the surrounding area.
(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; This use is similar to the generally permitted
uses and is not expected to substantially impair the use and enjoyment of the property in the
area in any way.
(10) Provided with screening and buffering adequate to mitigate undesirable views and activities
likely to disturb surrounding uses; There is not expected to be undesirable views and activities
which would disturb surrounding uses and all activity is expected to be fully enclosed within
the units.
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Created: 2024-07-18 07:35:50 [EST]
(Supp. No. 21, Update 3)
Page 2 of 3
(11) Not create a nuisance which generates smoke, noise, glare, vibration, odors, fumes, dust,
electrical interference, general unsightliness, or other means; There will be no nuisance smoke,
noise, glare, vibration, odors, fumes, dust, electrical interference or general unsightliness from
the proposed use.
(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; There
is not planned to have any parking or congestion to impact any adjoining properties. The use is
expected to have significantly less traffic than the generally allowed uses in the Industrial
zoning districts.
(13) Designed to take into account the natural, scenic, and historic features of the area and to
minimize environmental impact; The site is being designed to have minimal impact on natural
or scenic areas and there are no historic areas of the land which we are aware of.
(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; and The site is being designed to not cast
glare toward public right-of-way or neighboring residential uses or districts.
(15) Not detrimental to the public health, public safety, or general welfare. The proposed use is not
detrimental to the public health, public safety, or general welfare and is expected to have less
of a chance of any effect than the generally allowed uses within the Industrial zoning district.
(b) A conditional use permit may be granted subject to such conditions as the council may prescribe.
(c) A conditional use permit shall remain in effect as long as the conditions imposed by the city council
are observed, but nothing in this section shall prevent the city from enacting or amending official
controls to change the status of conditional uses.
(d) A certified copy of any conditional use permit shall be filed with the county recorder or registrar of
titles. The conditional use permit shall include the legal description of the property included.
(Code 1984, § 10.09(6); Ord. No. 77 3rd series, § 1, 7-12-2010)
Industrial District CUP:
(11) Garage condos, provided that:
a. No exterior parking or storage is permitted for a period longer than twenty-four (24)
hours. A parking plan must be provided to demonstrate accessibility to the site.
b. The premises shall not be used or customized for residential living purposes or
community gatherings or events.
c. The premises shall not be used for the operation of a business or for retail purposes,
including but not limited to automobile repair. This does not prohibit minor maintenance,
care, or upkeep of motor vehicles, boats, trailers, or recreational vehicles stored in
individual units.
d. The management, use, and customization of the garage condos, including common
areas, and individual units, shall be governed by an association, which association rules
shall place adequate controls to ensure compliance with applicable city code.
32
Created: 2024-07-18 07:35:50 [EST]
(Supp. No. 21, Update 3)
Page 3 of 3
e. The premises shall maintain adequate access to individual units and any common areas
or office space for emergency response and snow removal/storage.
f. The premises shall contain sufficient lighting and/or security measures to deter or
mitigate criminal activity and ensure adequate access for emergency response.
g. Any individual unit that is connected to the city sewer and water system shall have
individual meters.
33
I HEREBY CERTIFY THAT THIS PLAN WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION, AND THAT I AM
A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA.
SIGNATURE: __________________________________________TYPED OR PRINTED NAME: MATTHEW R. HAGSTROM
DATE: 09/18/2024 LICENSE NUMBER: 50731 Designed By:Date:
Job No.:
FOR AND ON BEHALF OF
HAGSTROM ENGINEERING PLLC
Checked By:811
CALL 2 BUSINESS DAYS IN ADVANCE BEFORE
YOU DIG, GRADE OR EXCAVATE FOR THE
MARKING OF UNDERGROUND MEMBER
UTILITIES.
CALL GOPHER STATE ONE CALL
BENCHMARK:ByDateDescription of RevisionsNo.Sheet of
D
C
B
A
54321
219 6TH AVENUE EAST
ALEXANDRIA, MN 56308
P.320.759.0764
WWW.HAGSTROMENG.COM
HAGSTROM
ENGINEERING
CIVIL ENGINEERS | LAND CONSULTANTS
CAUTION: IF THIS SHEET IS NOT 24"X36" IT IS A REDUCED PRIN
C5.0C1.0
NOT FOR CONSTRUCTIONC1.0ORONO GARAGE CONDOSSITE PLANCOVER SHEET09/18/2024
24015 LEHMRHSITE PLAN
LOT 1, BLOCK 1, CRYSTAL BAY BUSINESS CENTER
HENNEPIN COUNTY, STATE OF MINNESOTA
SHEET INDEX
C1.0 COVER SHEET
C2.0 EXISTING SITE & DEMO
C3.0 PROPOSED SITE PLAN
C3.1 PROPOSED UTILITY PLAN
C4.0 PRELIMINARY GRADING & EROSION CONTROL PLAN
C5.0 - C5.2 CONSTRUCTION DETAILS
CONTACT LIST
OWNER
ORONO GARAGE CONDOS
5840 CLUB VALLEY ROAD
SHOREWOOD, MN 55331
(952) 200-6384
CONTACT: DAVE RAMSEY, ROB PAGE
CIVIL ENGINEER
HAGSTROM ENGINEERING
219 6TH AVENUE E
ALEXANDRIA, MN 56308
320-759-0764
CONTACT: MATT HAGSTROM
SITE
OLD CRYSTAL BAY RD NWAYZATA BLVD
WILLOW DRIVE NSTATE HWY 12
34
OLD CRYSTAL BAY ROADBLOCK 1
LOT 1
MNDOT RIGHT OF WAY PLAT NO 27-129
TEMPUS ORONO LLC
PID: 3311823130020 METRO STORAGE
ORONO LLC
PID: 3311823130019
WJM PROPERTIES LLC
PID: 3311823130015
ORONO PRESERVE
RESIDENTIAL
DEVELOPMENT
ST ST
ST
ORONO INDUSTRIAL BOULEVARD
PROPOSED IMPROVEMENTS SHOWN AS EXISTING
EX. 10.0' EASEMENT
EX. 10.0' EASEMENT
EX. 10.0' EASEMENT
EX. 22.0' EASEMENT
S89°43'30"E 1,898.43'N00°16'00"E 1,898.43'N
5
5
°
2
3
'
0
7
"
W
1
,
8
9
8
.
4
3
'
N89°11'02"W 1,898.43'S00°14'12"W 1,898.43'EX. 8" WATER MAIN, T.R. (TYP)
EX. 8" WATER STUB, T.R.
EX. 8" WATER STUB, T.R.
EX. SAN. MH WITH 8" MAIN, T.R.
EX. 8" SAN., T.R. (TYP)
EX. BOUNDARY (TYP)
EX. 60.0' ROW
EX. 66.0' ROW
EX. STORM SEWER, T.R. (TYP)
EX. CULVERT,
41.4 LF T.B.R.
EX. BOUNDARY (TYP)
EX. FENCE, T.B.R.
EX. STORM SEWER STRUCTURES, T.R. (TYP)
EX. WALL, T.R. (TYP)
EX. FENCE, T.B.R.
EX. WALK, T.R. (TYP)
EX. CURB & GUTTER,
T.R. (TYP)
EX. FIRE HYD., T.R. (TYP)
EX. FENCE, T.R. (TYP)
I HEREBY CERTIFY THAT THIS PLAN WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION, AND THAT I AM
A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA.
SIGNATURE: __________________________________________TYPED OR PRINTED NAME: MATTHEW R. HAGSTROM
DATE: 09/18/2024 LICENSE NUMBER: 50731 Designed By:Date:
Job No.:
FOR AND ON BEHALF OF
HAGSTROM ENGINEERING PLLC
Checked By:811
CALL 2 BUSINESS DAYS IN ADVANCE BEFORE
YOU DIG, GRADE OR EXCAVATE FOR THE
MARKING OF UNDERGROUND MEMBER
UTILITIES.
CALL GOPHER STATE ONE CALL
BENCHMARK:ByDateDescription of RevisionsNo.Sheet of
D
C
B
A
54321
219 6TH AVENUE EAST
ALEXANDRIA, MN 56308
P.320.759.0764
WWW.HAGSTROMENG.COM
HAGSTROM
ENGINEERING
CIVIL ENGINEERS | LAND CONSULTANTS
CAUTION: IF THIS SHEET IS NOT 24"X36" IT IS A REDUCED PRIN
C5.0C2.0
NOT FOR CONSTRUCTIONC2.0ORONO GARAGE CONDOSSITE PLANEXISTING SITE AND DEMO PLAN09/18/2024
24015 LEHMRH0
SCALE: 1" =
ORIGINAL GRAPHIC SCALE
15 30 60
30'
EXISTING PROPERTY BOUNDARY
EXISTING RIGHT OF WAY
EXISTING LOT
EXISTING EASEMENT
EXISTING STORM SEWER W/ MANHOLE
EXISTING SANITARY SEWER W/ MANHOLE
EXISTING WATER MAIN W/ VALVE & HYDRANT
EXISTING ELECTRIC
EXISTING ELECTRICAL PEDESTAL
EXISTING GAS
EXISTING TELEPHONE
EXISTING CONCRETE
EXISTING ASPHALT
EXISTING FENCE
EXISTING CURB & GUTTER
EXISTING
TYPICAL
TO REMAIN
TO BE REMOVED
EX.
(TYP)
T.R.
T.B.R.
S
E
NOTES:
1.CONTRACTOR SHALL FIELD VERIFY SIZE AND LOCATION OF ALL
EXISTING UTILITIES PRIOR TO CONSTRUCTION AND NOTIFY THE
ENGINEER WITH ANY DISCREPANCIES.
2.CONTRACTOR IS RESPONSIBLE FOR PROVIDING ALL NECESSARY
CONSTRUCTION STAKING.
3.INSTALL PERIMETER BMP'S PRIOR TO ANY CONSTRUCTION, SEE
SHEET C5.0.
4.ALL TREES AND TREE ROOT ZONES OUTSIDE OF THE LIMITS OF
CONSTRUCTION SHALL NOT BE DISTURBED.
5.SEE SHEET C5.0 - C5.2 FOR CONSTRUCTION DETAILS.
ST
LEGEND
P:\24015_Orono Car Condo's\CAD\CD's\24015_C2.0-Existing Site & Demo.dwg, 1/6/2025 8:44:35 AM, 1:1, LEH35
OLD CRYSTAL BAY ROADBLOCK 1
LOT 1
MNDOT RIGHT OF WAY PLAT NO 27-129
TEMPUS ORONO LLC
PID: 3311823130020 METRO STORAGE
ORONO LLC
PID: 3311823130019
WJM PROPERTIES LLC
PID: 3311823130015
ORONO PRESERVE
RESIDENTIAL
DEVELOPMENT
ORONO INDUSTRIAL BOULEVARD
PROPOSED IMPROVEMENTS SHOWN AS EXISTING
EX. 10.0' EASEMENT
EX. 10.0' EASEMENT
EX. 10.0' EASEMENT
EX. 22.0' EASEMENT
S89°43'30"E 1,898.43'N00°16'00"E 1,898.43'N
5
5
°
2
3
'
0
7
"
W
1
,
8
9
8
.
4
3
'
N89°11'02"W 1,898.43'S00°14'12"W 1,898.43'20.0' SETBACK
35.0' SETBACK
35.0' SETBACK
10.0' SETBACK
EX. BOUNDARY
EX. BOUNDARY
EX. 60.0' ROW
EX. 66.0' ROW
40.0'
50.0'
50.0'50.0'
20.0'20.0'
4.0' CONCRETE
APRON (TYP)
40.0'
240.0'
20.0'20.0'
46.0'
275.0'275.0'
92.0'
92.0'
275.0'
275.0'260.0'
3.0' CONCRETE
PAN (TYP)
32.0'
R25.0'
R20.0'
19.5'
ASPHALT
14.5'
ASPHALT
20.0'
20.0'
31.0'
31.0'31.0'
24.0'24.0'
31.0'
24.0'
31.0'
24.0'
20.0'
20.0'
PROPOSED IFC TURNAROUND AT ENTRANCE
40.0'
46.0'
19.5'
ASPHALT 19.5'
ASPHALT
8.5' ASPHALT
8.5' ASPHALT
BUILDING 1
BUILDING 2
BUILDING 3 BUILDING 4 BUILDING 5
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35 36
37
38
39
40
41
42
43
44
45 46
47
48
49
50
51
52
53
54
55 56
57
58
59
60
61
62
63
64
65 66
67
68
69
70
71
72
73
74
75 76
77
78
79
80
81
82
83
84
85
PROPOSED FENCE PER CITY
OF ORONO STANDARDS (TYP)
SLIDING GATE W/
ELECTRONIC ACCESS,
DESIGNED BY OTHERS
PROPOSED FENCE PER CITY
OF ORONO STANDARDS (TYP)
PROPOSED FENCE PER CITY
OF ORONO STANDARDS (TYP)
I HEREBY CERTIFY THAT THIS PLAN WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION, AND THAT I AM
A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA.
SIGNATURE: __________________________________________TYPED OR PRINTED NAME: MATTHEW R. HAGSTROM
DATE: 09/18/2024 LICENSE NUMBER: 50731 Designed By:Date:
Job No.:
FOR AND ON BEHALF OF
HAGSTROM ENGINEERING PLLC
Checked By:811
CALL 2 BUSINESS DAYS IN ADVANCE BEFORE
YOU DIG, GRADE OR EXCAVATE FOR THE
MARKING OF UNDERGROUND MEMBER
UTILITIES.
CALL GOPHER STATE ONE CALL
BENCHMARK:ByDateDescription of RevisionsNo.Sheet of
D
C
B
A
54321
219 6TH AVENUE EAST
ALEXANDRIA, MN 56308
P.320.759.0764
WWW.HAGSTROMENG.COM
HAGSTROM
ENGINEERING
CIVIL ENGINEERS | LAND CONSULTANTS
CAUTION: IF THIS SHEET IS NOT 24"X36" IT IS A REDUCED PRIN
C5.0C3.0
NOT FOR CONSTRUCTIONC3.0ORONO GARAGE CONDOSSITE PLANPROPOSED SITE PLAN09/18/2024
24015 LEHMRH0
SCALE: 1" =
ORIGINAL GRAPHIC SCALE
15 30 60
30'
NOTES:
1.CONTRACTOR SHALL FIELD VERIFY SIZE AND LOCATION OF ALL
EXISTING UTILITIES PRIOR TO CONSTRUCTION AND NOTIFY THE
ENGINEER WITH ANY DISCREPANCIES.
2.CONTRACTOR IS RESPONSIBLE FOR PROVIDING ALL NECESSARY
CONSTRUCTION STAKING.
3.INSTALL PERIMETER BMP'S PRIOR TO ANY CONSTRUCTION, SEE SHEET
C5.0.
4.ALL TREES AND TREE ROOT ZONES OUTSIDE OF THE LIMITS OF
CONSTRUCTION SHALL NOT BE DISTURBED.
5.SEE SHEETS L1.0 - L1.1 FOR DETAILED LANDSCAPE PLANS.
6.SEE SHEETS C5.0 - C5.2 FOR CONSTRUCTION DETAILS.
LEGEND
EXISTING PROPERTY BOUNDARY
EXISTING RIGHT OF WAY
EXISTING EASEMENT
PROPOSED CONCRETE
EXISTING ASPHALT
PROPOSED ASPHALT
PROPOSED FENCE
EXISTING FENCE
EXISTING CURB & GUTTER
EXISTING
TYPICAL
EX.
(TYP)P:\24015_Orono Car Condo's\CAD\CD's\24015_C3.0-Proposed Site Plan.dwg, 1/6/2025 8:42:30 AM, 1:1, LEH36
ORONO INDUSTRIAL BOULEVARD
OLD CRYSTAL BAYROADMNDOT RIGHT OF WAY PLAT NO 27-129SWSWSWSWSWSWSWSWSWSWSWSWWSWSWSWSWSWSWSWSWSWSWSWSWSSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSW SWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWWWSSPROPOSED IMPROVEMENTS SHOWN AS EXISTING
S89°43'30"E 1,898.43'N00°16'00"E 1,898.43'N
5
5
°
2
3
'
0
7
"
W
1
,
8
9
8
.
4
3
'
N89°11'02"W 1,898.43'S00°14'12"W 1,898.43'EX. BOUNDARY
EX. BOUNDARY
CONNECT TO EX. SAN MH
CONNECT TO EX. 8" WATER
PROPOSED 8" SAN (TYP)
BUILDING 1
BUILDING 2
BUILDING 3 BUILDING 4 BUILDING 5
1
2
3
4
5
6
7
8
9
10
11
12
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23 1
2
3
4
5
6
7
8
9
10 11
12
13
14
15
16
17
18
19
20
1
2
3
4
5
6
7
8
9
10 11
12
13
14
15
16
17
18
19
20
1
2
3
4
5
6
7
8
9
10
PROPOSED 4" SANITARY SERVICE (TYP)
PROPOSED 1" WATER SERVICE (TYP)
STD. FIRE HYD. ASSEMBLY
4' MANHOLE (TYP)
EX. WATER (TYP)
EX. STORM SEWER (TYP)
PROPOSED STORM SEWER
PROPOSED 8" WATER (TYP)
PROPOSED 8" WATER (TYP)
4' MANHOLE (TYP)
PROPOSED 4" SANITARY SERVICE (TYP)
PROPOSED 1" WATER SERVICE (TYP)
I HEREBY CERTIFY THAT THIS PLAN WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION, AND THAT I AM
A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA.
SIGNATURE: __________________________________________TYPED OR PRINTED NAME: MATTHEW R. HAGSTROM
DATE: 09/18/2024 LICENSE NUMBER: 50731 Designed By:Date:
Job No.:
FOR AND ON BEHALF OF
HAGSTROM ENGINEERING PLLC
Checked By:811
CALL 2 BUSINESS DAYS IN ADVANCE BEFORE
YOU DIG, GRADE OR EXCAVATE FOR THE
MARKING OF UNDERGROUND MEMBER
UTILITIES.
CALL GOPHER STATE ONE CALL
BENCHMARK:ByDateDescription of RevisionsNo.Sheet of
D
C
B
A
54321
219 6TH AVENUE EAST
ALEXANDRIA, MN 56308
P.320.759.0764
WWW.HAGSTROMENG.COM
HAGSTROM
ENGINEERING
CIVIL ENGINEERS | LAND CONSULTANTS
CAUTION: IF THIS SHEET IS NOT 24"X36" IT IS A REDUCED PRIN
C5.0C3.1
NOT FOR CONSTRUCTIONC3.1ORONO GARAGE CONDOSSITE PLANPROPOSED UTILITY PLAN09/18/2024
24015 LEHMRH0
SCALE: 1" =
ORIGINAL GRAPHIC SCALE
15 30 60
30'
NOTES:
1.CONTRACTOR SHALL FIELD VERIFY SIZE AND LOCATION OF ALL EXISTING UTILITIES
PRIOR TO CONSTRUCTION AND NOTIFY THE ENGINEER WITH ANY DISCREPANCIES.
2.INSTALL PERIMETER BMP'S PRIOR TO ANY CONSTRUCTION.
LEGEND
EXISTING STORM SEWER,
MANHOLE, F.E.S. AND INLET
PROPOSED STORM SEWER,
MANHOLE, F.E.S. AND INLET
EXISTING ROW
PROPOSED ROW
EXISTING LOT LINE
PROPOSED LOT LINE
PROPERTY BOUNDARY
PROPERTY SETBACK
EXISTING EASEMENT
PROPOSED EASEMENT
PROPOSED SANITARY SEWER W/ MH
EXISTING SANITARY SEWER W/ MH
PROPOSED UNDERDRAIN AND CLEANOUT
PROPOSED WATER LINE, VALVE AND
FIRE HYDRANT
EXISTING WATER LINE AND VALVE
PROPOSED WATER SERVICE W/ METER
PROPOSED SANITARY SERVICE
EXISTING GAS LINE
EXISTING OVERHEAD ELECTRIC
EXISTING ELECTRIC
EXISTING CABLE TV
EXISTING FIBER OPTIC
EXISTING TELEPHONE
EXISTING IRRIGATION
CAUTION! UTILITY CROSSING
LOWERING MAY BE REQUIRED
EXISTING LIGHT POLE
PROPOSED LIGHT POLEWSS
37
ORONO INDUSTRIAL BOULEVARD
OLD CRYSTAL BAYROADBLOCK 1
LOT 1
MNDOT RIGHT OF WAY PLAT NO 27-129
PID: 3311823130019
WJM PROPERTIES LLC
PID: 3311823130015
ORONO PRESERVE
DEVELOPMENT
PROPOSED IMPROVEMENTS SHOWN AS EXISTING
EX. BOUNDARY
EX. BOUNDARY
1026102510271025
1024
1022
102110201024102510241
0
2
3
1022
1021
1024
10251026
1027
102610261025
1026
1026102610251025 1023
1020
1027 10261028
1026102
6
1
0
2
71027
102610291027102710261
0
2
0
1
0
2
1
1020
1018
1019
1016
1020 1018
1015 1014101810191021102210231023102510241026
1025.51 HP
1025.
4
7
1025.
2
8
1024.
7
5
1024.
0
4
1023.
3
3
1023.
2
0
1025.
4
4
1025.
2
8
1024.72 1024.
0
1
1023.
3
0
1023.
1
8
PROPOSED
BUILDING 1
FFE = 1026.62
PROPOSED
BUILDING 2
FFE = 1026.62
PROPOSED
BUILDING 3
FFE = 1026.13
PROPOSED
BUILDING 4
FFE = 1025.42
PROPOSED
BUILDING 5
FFE = 1024.71
1025.97 ME 1025.60 ME
1026.62 TOC
1026.54 TOC
1026.54 TOC
1026.62 TOC
1026.62 TOC
1026.54 TOC
1026.54 TOC
1026.62 TOC
1026.62 TOC
1026.54 TOC
1026.54 TOC
1026.62 TOC 1026.13 TOC
1026.05 TOC
1026.05 TOC
1026.13 TOC 1026.13 TOC
1026.05 TOC 1025.34 TOC
1025.42 TOC
1026.13 TOC
1026.05 TOC 1025.34 TOC
1025.42 TOC 1025.42 TOC
1025.34 TOC 1024.63 TOC
1024.71 TOC
1025.42 TOC
1025.34 TOC 1024.63 TOC
1024.71 TOC
4.4%
3.3%
4.2%
3.6%
4.5%
5.2%
4.3%
5.4%
8.0%
3.6%
3.0%
8.2%
7.3%
4.4%
4.2%
8.1%0.5%0.5%0.5%0.5%0.5%0.5%0.5%0.5%0.5%0.5%0.5%0.5%0.5%0.5%0.5%0.5%
2.0%
2.0%
2.0%
2.0%
2.0%2.0%
2.0%
2.0%2.0%
2.0%
2.0%
2.0%
2.0%
2.0%
2.0%
2.0%10.0%10.0%
10.0%
10.0%10.0%25.0%25.0%
25.0%25.0%1020102424.4%33.0%33.1%10.1%38.3%29.6%22.4%2.1%2.1%2.1%2.1%2.1%2.1%8.6%10.4%
2.2%2.1%2.1%2.1%2.1%2.1%3.8
%1.0%IP-A
SF
SF
SF
SF
SF
IP
IP
VTC
CWA
102
2
1021
29.6%31.4%2.1%2.1%2.1%ECB
ECB
4.5%2.0%
1026.10 HP
2.0%2.0%
1024.80 HP
5.6%2.0%
1024.09 HP
5.6%2.0%
I HEREBY CERTIFY THAT THIS PLAN WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION, AND THAT I AM
A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA.
SIGNATURE: __________________________________________TYPED OR PRINTED NAME: MATTHEW R. HAGSTROM
DATE: 09/18/2024 LICENSE NUMBER: 50731 Designed By:Date:
Job No.:
FOR AND ON BEHALF OF
HAGSTROM ENGINEERING PLLC
Checked By:811
CALL 2 BUSINESS DAYS IN ADVANCE BEFORE
YOU DIG, GRADE OR EXCAVATE FOR THE
MARKING OF UNDERGROUND MEMBER
UTILITIES.
CALL GOPHER STATE ONE CALL
BENCHMARK:ByDateDescription of RevisionsNo.Sheet of
D
C
B
A
54321
219 6TH AVENUE EAST
ALEXANDRIA, MN 56308
P.320.759.0764
WWW.HAGSTROMENG.COM
HAGSTROM
ENGINEERING
CIVIL ENGINEERS | LAND CONSULTANTS
CAUTION: IF THIS SHEET IS NOT 24"X36" IT IS A REDUCED PRIN
C5.0C4.0
NOT FOR CONSTRUCTIONC4.0ORONO GARAGE CONDOSSITE PLANPROPOSED GRADING & EROSIONCONTROL PLAN09/18/2024
24015 LEHMRH0
SCALE: 1" =
ORIGINAL GRAPHIC SCALE
15 30 60
30'
GRADING NOTES:
1.CONTRACTOR SHALL FIELD VERIFY SIZE AND LOCATION OF ALL
EXISTING UTILITIES PRIOR TO CONSTRUCTION AND NOTIFY THE
ENGINEER WITH ANY DISCREPANCIES.
2.CONTRACTOR IS RESPONSIBLE FOR PROVIDING ALL NECESSARY
CONSTRUCTION STAKING.
3.ALL ELEVATIONS ARE FLOWLINE UNLESS OTHERWISE NOTED
4.INSTALL PERIMETER BMP'S PRIOR TO ANY CONSTRUCTION.
5.ALL TREES AND TREE ROOT ZONES OUTSIDE OF THE LIMITS OF
CONSTRUCTION SHALL NOT BE DISTURBED.
6.SEE SHEET C5.0 FOR CONSTRUCTION DETAILS.
LEGEND
EXISTING 1' AND 5' CONTOURS
PROPOSED 1' AND 5' CONTOURS
PROPOSED SPOT ELEVATION
FLOW DIRECTION & GRADE
FINISHED FLOOR ELEVATION
MATCH EXISTING
TOP OF CONCRETE
HIGH POINT
TOP OF WALL
BOTTOM OF WALL
LIMITS OF DISTURBANCE
SILT FENCE
1,000 LF
CURB INLET PROTECTION
2 EA
AREA INLET PROTECTION
1 EA
VEHICLE TRACKING CONTROL
1 EA
EROSION CONTROL BLANKET
550 SY
CONCRETE WASHOUT AREA
1 EA
FFE
ME
TOC
HP
TOW
BOW
1432.
3
1431
1430
1431
1430
2.00%
EROSION CONTROL NOTES:
1.INSTALL PERIMETER BMP'S PRIOR TO ANY CONSTRUCTION.
2.SEE SHEET C5.0 FOR BMP DETAILS AND BMP MAINTENANCE NOTES.
3.THE CONTRACTOR SHALL PERFORM STREET SWEEPING AT THE END OF EACH WORK
DAY TO MITIGATE ANY SOIL ON PERIMETER STREETS.
4.THE CONTRACTOR SHALL INSPECT THE BMP'S WEEKLY OR AFTER ANY SIGNIFICANT
RAIN EVENT AND REPAIR BMP'S AS REQUIRED.
5.STOCKPILE AND STAGING LOCATION TO BE APPROVED BY ENGINEER.
6.ALL DISTURBED AREAS THAT ARE NOT HARDSCAPED SHALL RECEIVE PERMANENT
SEEDING PER THE OWNER.
7.SEE SWPPP DOCUMENT BY HAGSTROM ENGINEERING FOR SEEDING, INSPECTION,
AND MAINTENANCE REQUIREMENTS. .
SF
IP
IP-A
VTC
CWA
ECB
P:\24015_Orono Car Condo's\CAD\CD's\24015_C4.0-Proposed Grading & Erosion Control Plan.dwg, 9/18/2024 3:34:50 PM, 1:1, LEH38
Designed By:Date:
Job No.:
FOR AND ON BEHALF OF
HAGSTROM ENGINEERING PLLC
Checked By:811
CALL 2 BUSINESS DAYS IN ADVANCE BEFORE
YOU DIG, GRADE OR EXCAVATE FOR THE
MARKING OF UNDERGROUND MEMBER
UTILITIES.
CALL GOPHER STATE ONE CALL
BENCHMARK:ByDateDescription of RevisionsNo.Sheet of
D
C
B
A
54321
219 6TH AVENUE EAST
ALEXANDRIA, MN 56308
P.320.759.0764
WWW.HAGSTROMENG.COM
HAGSTROM
ENGINEERING
CIVIL ENGINEERS | LAND CONSULTANTS
CAUTION: IF THIS SHEET IS NOT 24"X36" IT IS A REDUCED PRIN
C5.0C5.0
NOT FOR CONSTRUCTIONC5.0ORONO GARAGE CONDOSSITE PLANCONSTRUCTION DETAILS09/18/2024
24015 LEHMRHHEAVY DUTY BITUMINOUS PAVEMENT SECTION*
N.T.S.
2" WEAR COURSE MIXTURE SPWEA340C
2" NON-WEARING COURSE MIXTURE SPNWA340C
10" AGGREGATE BASE CLASS 5
TACK COAT PER MNDOT 2357
COMPACTED SUBGRADE
3.00'
6"
1"
CONCRETE V-PAN DETAIL
N.T.S.
* PAVEMENT SECTION BASED ON RECOMMENDATION OF GEOTECHNICAL
ENGINEER. FINAL APPROVAL OF PAVEMENT SECTION PER OWNER.
DEFINITION
A DESIGNATED, SHALLOW EXCAVATION WITH A PERIMETER
BERM, SILT FENCE, AND VTC, DESIGNED FOR CONCRETE
WASHOUT OPERATIONS.
PURPOSE
TO CONTAIN WASTE FROM CONCRETE TRUCKS, SMALL
BATCH CONCRETE MIXERS, PUMP TRUCKS, AND OTHER
WASHOUT OPERATIONS.
8'x8' MIN.
3:13:1
9' MIN.
1' MIN.
8'x8' MIN.9' MIN.
3:1 3:1
1' MIN.
2%
VEHICLE TRACKING
CONTROL. SEE
DETAIL VTC.
VEHICLE TRACKING
CONTROL. SEE
DETAIL VTC
SILT FENCE AROUND
EARTH BERM. SEE
DETAIL SF.
SILT FENCE AROUND
EARTH BERM. SEE
DETAIL SF.
3' MIN.
EXISTING
GRADE
COMPACTED
EMBANKMENT
MATERIAL
CONSTRUCTION
SIGN (MANDATORY)
CONCRETE WASHOUT AREA
N.T.S.
CWA
INSTALL POLY LINER
DEFINITION
A TEMPORARY SEDIMENT BARRIER PLACED ON-GRADE.
PURPOSE
TO INCREASE SEDIMENTATION FROM SEDIMENT LADEN
RUNOFF AND SLOW THE VELOCITY OF STORM RUNOFF.
NOTES
1.SEE DETAIL CS FOR ROCK SOCKS USED IN CURB FLOW LINE.
2.SEE DETAIL IP FOR ROCK SOCKS (CURB SOCK) USED AS ON-GRADE CURB INLET PROTECTION.
3.SEE DETAIL IP-A FOR ROCK SOCKS USED AS SUMP CURB INLET PROTECTION.
4.SEE DETAIL RCS FOR ROCK SOCKS USED AS ROUGH CUT STREET CONTROL.
5.SEE DETAIL CP FOR ROCK SOCKS USED AS CULVERT PROTECTION
JOINT DETAIL
VARIABLE
LENGTH
10" OR 4"
WIRE TIE ENDS
3/4" GRAVEL IN
1/4" WIRE MESH
12"12"
ANY GAP AT JOINTS SHALL BE FILLED
WITH AN ADEQUATE AMOUNT OF 3/4"
GRAVEL WRAPPED WITH 1/4" WIRE
MESH SECURED TO ENDS OF ROCK
SOCK.
ROCK SOCK
N.T.S.
RS
P:\24015_Orono Car Condo's\CAD\CD's\24015_C5.0-Construction Details.dwg, 9/18/2024 3:30:15 PM, 1:1, LEH39
Designed By:Date:
Job No.:
FOR AND ON BEHALF OF
HAGSTROM ENGINEERING PLLC
Checked By:811
CALL 2 BUSINESS DAYS IN ADVANCE BEFORE
YOU DIG, GRADE OR EXCAVATE FOR THE
MARKING OF UNDERGROUND MEMBER
UTILITIES.
CALL GOPHER STATE ONE CALL
BENCHMARK:ByDateDescription of RevisionsNo.Sheet of
D
C
B
A
54321
219 6TH AVENUE EAST
ALEXANDRIA, MN 56308
P.320.759.0764
WWW.HAGSTROMENG.COM
HAGSTROM
ENGINEERING
CIVIL ENGINEERS | LAND CONSULTANTS
CAUTION: IF THIS SHEET IS NOT 24"X36" IT IS A REDUCED PRIN
C5.0C5.1
NOT FOR CONSTRUCTIONC5.1ORONO GARAGE CONDOSSITE PLANCONSTRUCTION DETAILS09/18/2024
24015 LEHMRHP:\24015_Orono Car Condo's\CAD\CD's\24015_C5.0-Construction Details.dwg, 9/18/2024 3:29:59 PM, 1:1, LEH40
Designed By:Date:
Job No.:
FOR AND ON BEHALF OF
HAGSTROM ENGINEERING PLLC
Checked By:811
CALL 2 BUSINESS DAYS IN ADVANCE BEFORE
YOU DIG, GRADE OR EXCAVATE FOR THE
MARKING OF UNDERGROUND MEMBER
UTILITIES.
CALL GOPHER STATE ONE CALL
BENCHMARK:ByDateDescription of RevisionsNo.Sheet of
D
C
B
A
54321
219 6TH AVENUE EAST
ALEXANDRIA, MN 56308
P.320.759.0764
WWW.HAGSTROMENG.COM
HAGSTROM
ENGINEERING
CIVIL ENGINEERS | LAND CONSULTANTS
CAUTION: IF THIS SHEET IS NOT 24"X36" IT IS A REDUCED PRIN
C5.0C5.2
NOT FOR CONSTRUCTIONC5.2ORONO GARAGE CONDOSSITE PLANCONSTRUCTION DETAILS09/18/2024
24015 LEHMRHP:\24015_Orono Car Condo's\CAD\CD's\24015_C5.0-Construction Details.dwg, 9/18/2024 3:29:45 PM, 1:1, LEH41
42
43
ORONO INDUSTRIAL BOULEVARD
OLD CRYSTAL BAYROADBLOCK 1
LOT 1
MNDOT RIGHT OF WAY PLAT NO 27-129
TEMPUS ORONO LLC
PID: 3311823130020 METRO STORAGE
ORONO LLC
PID: 3311823130019
WJM PROPERTIES LLC
PID: 3311823130015
ORONO PRESERVE
RESIDENTIAL
DEVELOPMENT
EX. BOUNDARY
EX. BOUNDARY
10261025
1024
1022
102110201024102510241
0
2
3
1021
1024
10251026
102610261026
1026102610251025 1023
1020
PROPOSED
BUILDING 1
PROPOSED
BUILDING 2
PROPOSED
BUILDING 3
PROPOSED
BUILDING 4
PROPOSED
BUILDING 5
102410.0' GRASS BUFFER PROPOSED TREES (TYP)PROPOSED CONIFERS (TYP)
PROPOSED SHRUBS (TYP)PROPOSED PONDNATIVE GRASS (TYP)
10.0' GRASS BUFFER
10.0' GRASS BUFFER
NATIVE GRASS (TYP)
NATIVE GRASS (TYP)
NATIVE GRASS (TYP)
PROPOSED CONIFERS (TYP)
ROCK (TYP)
ROCK (TYP)
8.0' (TYP)
8.0' (TYP)
8.0' (TYP)
8.0' (TYP)
16.0' (TYP)
16.0' (TYP)
STAGGER CONIFERS &
TREES AS SHOWN (TYP)
16.0' (TYP)
16.0' (TYP)
16.0' (TYP)
16.0' (TYP)
I HEREBY CERTIFY THAT THIS PLAN WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION, AND THAT I AM
A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA.
SIGNATURE: __________________________________________TYPED OR PRINTED NAME: MATTHEW R. HAGSTROM
DATE: 09/18/2024 LICENSE NUMBER: 50731 Designed By:Date:
Job No.:
FOR AND ON BEHALF OF
HAGSTROM ENGINEERING PLLC
Checked By:811
CALL 2 BUSINESS DAYS IN ADVANCE BEFORE
YOU DIG, GRADE OR EXCAVATE FOR THE
MARKING OF UNDERGROUND MEMBER
UTILITIES.
CALL GOPHER STATE ONE CALL
BENCHMARK:ByDateDescription of RevisionsNo.Sheet of
D
C
B
A
54321
219 6TH AVENUE EAST
ALEXANDRIA, MN 56308
P.320.759.0764
WWW.HAGSTROMENG.COM
HAGSTROM
ENGINEERING
CIVIL ENGINEERS | LAND CONSULTANTS
CAUTION: IF THIS SHEET IS NOT 24"X36" IT IS A REDUCED PRINT
L1.1L1.0
NOT FOR CONSTRUCTIONL1.0ORONO GARAGE CONDOSSITE PLANPROPOSED LANDSCAPE PLAN09/18/2024
24015 LEHMRH0
SCALE: 1" =
ORIGINAL GRAPHIC SCALE
15 30 60
30'
NOTES:
1.CONTRACTOR SHALL FIELD VERIFY SIZE AND LOCATION OF ALL
EXISTING UTILITIES PRIOR TO CONSTRUCTION AND NOTIFY THE
ENGINEER WITH ANY DISCREPANCIES.
2.CONTRACTOR IS RESPONSIBLE FOR PROVIDING ALL NECESSARY
CONSTRUCTION STAKING.
3.INSTALL PERIMETER BMP'S PRIOR TO ANY CONSTRUCTION.
4.ALL TREES AND TREE ROOT ZONES OUTSIDE OF THE LIMITS OF
CONSTRUCTION SHALL NOT BE DISTURBED.
5.SEE SHEET C5.0 FOR CONSTRUCTION DETAILS.
LEGEND
PROPOSED 1' AND 5' CONTOURS
PROPOSED TREE
PROPOSED SHRUB
PROPOSED CONIFER
1431
1430
TREES TYPE CONT QTY
Shade Trees 1.5" to 2.0"18
Ornamental 1.0"17
SHRUBS CONT QTY
Small Coniferous Shrubs 18" - 24"27
Small Deciduous Shrubs 27
CONIFERS CONT QTY
Coniferous Tree 4' - 6'85
GROUND COVERS CODE BOTANICAL / COMMON NAME CONT SPACING QTY
NATIVE GRASSES / Filter Strip Mix
Shooting Star Native Seed or approved equal Seed 35,550 S.F.
ROCK 3/4" River Rock / 3/4" River Rock ---3,100 S.F.
GRASS BUFFER Poa pratensis / Kentucky Bluegrass ---5,760 S.F.
Large Deciduous Tree 2' - 4'18
18" - 24"
TYPE
TYPE
SUM OF TREES
QTY
192
P:\24015_Orono Car Condo's\CAD\CD's\24015_L1.0-Proposed Landscape Plan.dwg, 9/30/2024 10:35:28 AM, 1:1, LEH44
I HEREBY CERTIFY THAT THIS PLAN WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION, AND THAT I AM
A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA.
SIGNATURE: __________________________________________TYPED OR PRINTED NAME: MATTHEW R. HAGSTROM
DATE: 09/18/2024 LICENSE NUMBER: 50731 Designed By:Date:
Job No.:
FOR AND ON BEHALF OF
HAGSTROM ENGINEERING PLLC
Checked By:811
CALL 2 BUSINESS DAYS IN ADVANCE BEFORE
YOU DIG, GRADE OR EXCAVATE FOR THE
MARKING OF UNDERGROUND MEMBER
UTILITIES.
CALL GOPHER STATE ONE CALL
BENCHMARK:ByDateDescription of RevisionsNo.Sheet of
D
C
B
A
54321
219 6TH AVENUE EAST
ALEXANDRIA, MN 56308
P.320.759.0764
WWW.HAGSTROMENG.COM
HAGSTROM
ENGINEERING
CIVIL ENGINEERS | LAND CONSULTANTS
CAUTION: IF THIS SHEET IS NOT 24"X36" IT IS A REDUCED PRINT
L1.1L1.1
NOT FOR CONSTRUCTIONL1.1ORONO GARAGE CONDOSSITE PLANLANDSCAPE DETAILS09/18/2024
24015 LEHMRHPLANTING NOTES:
1.THE LANDSCAPE CONTRACTOR SHALL LOCATE ALL EXISTING UTILITIES WITHIN THE LIMIT OF WORK AND IS RESPONSIBLE FOR ANY DAMAGE AS A RESULT OF THE LANDSCAPE
CONSTRUCTION.
2.ALL TREE AND SHRUB LOCATIONS ARE TO BE STAKED ON SITE FOR APPROVAL BY THE CONSULTANT PRIOR TO INSTALLATION.
3.SUBSTITUTIONS: THE CONSULTANT SHALL APPROVE ANY SUBSTITUTION.
4.DO NOT PRUNE PLANTS UNLESS DIRECTED TO DO SO BY THE CONSULTANT.
5.CONTAINER STOCK IS PREFERRED FOR ALL PLANTS. IF CONTAINER STOCK IS NOT AVAILABLE FOR TREES, THEN ALL B&B PLANT MATERIAL SHALL HAVE ALL WIRE, TWINE, OR OTHER
CONTAINMENT MATERIAL, EXCEPT FOR 100% HEMP BURLAP, REMOVED FROM THE TRUNK AND ROOT BALL OF THE PLANT PRIOR TO PLANTING. REMOVE THE TOP 2/3 OF THE HEMP
BURLAP AFTER PLACING PLANT IN THE PIT.
6.PLANTING SOIL FOR ALL PLANTING AREAS:
a.DO NOT STORE BULK MATERIALS NEAR STRUCTURES, OVER EXISTING PLANTING, OVER UTILITIES, WALKWAYS AND PAVEMENTS.
a.PROVIDE EROSION CONTROL MEASURES TO PREVENT DISPLACEMENT OF BULK MATERIALS, DISCHARGE INTO WATERWAYS OR SEWERS, AND AIRBORNE DUST.
b.PREPARING PLANTING AND SEEDING AREAS; SPREADING SOIL SHALL BE COMPLETED BY THE LANDSCAPE CONTRACTOR AND SUPERVISED BY THE GENERAL CONTRACTOR SO THAT
GRADES ARE MET AS NOTED ON THE GRADING PLANS.
c.PLANTING SOIL DEPTH SHALL BE A MINIMUM OF SIX (6) INCHES IN ALL LANDSCAPE BEDS.
d.ALL PLANTING AREA SOIL SHALL BE 2-WAY (60% SAND, 40% COMPOST) TOPSOIL FROM AN APPROVED SOURCE. PROVIDE A 1-QUART SAMPLE FOR APPROVAL PRIOR TO IMPORTING
ANY SOIL. TOPSOIL NOT MEETING INDUSTRY STANDARDS FOR COMPOSITION AND NUTRIENTS SHALL BE REJECTED.
e.APPLY 2 INCHES OF APPROVED PLANTING SOIL OVER PREPARED SUBGRADE AND TILL INTO TOP 4 INCHES OF SUBSOIL. INSTALL REMAINING PLANTING SOIL TO A MINIMUM OF 4
INCHES SO THE TOTAL MINIMUM DEPTH OF NEW PLANTING SOIL IN NO LESS THAN 8 INCHES. ROLL AND RAKE SMOOTH. ENSURE NO ROCKS OR OTHER DEBRIS EXCEEDING 3 INCHES
IN DIAMETER REMAIN.
f.IF PREPARED SOIL OR PREPARED SUBGRADE IS RE-COMPACTED, RESTORE AS DIRECTED BY THE CONSULTANT.
9.INSTALL ROCKS IN ALL PLANTING BEDS TO A DEPTH OF 3 INCHES.
10.ROCKS SHALL NOT BE ABOVE OR MORE THAN 1/2 INCH BELOW ADJOINING SURFACE. MULCH SHALL BE HELD BACK 2-3 INCHES FROM THE STEMS AND TRUNKS OF PLANTS.
11.DURING PLANTING OPERATIONS, KEEP ADJACENT PAVING AREAS CLEAN AND PROTECTED FROM DAMAGE. WORK AREA SHALL BE KEPT CLEAN AND ORDERLY.
12.REMOVE NURSERY TAGS AND STAKES.
13.WARRANTY: INSTALLER AGREES TO WARRANTY PLANTING THAT FAILS IN MATERIALS, WORKMANSHIP OR GROWTH WITHIN A WARRANTY PERIOD OF 12 MONTHS FROM THE DATE OF
PLANTING COMPLETION.
14.PLANT SYMBOLS SHALL DICTATE PLANT COUNT.
15.ALL LANDSCAPING SHALL BE PLANTED AND MAINTAINED IN A LIVING CONDITION BY THE CONTRACTOR UNTIL FINAL OWNER ACCEPTANCE.
16.IRRIGATION TO BE DESIGN BUILD BY IRRIGATION CONTRACTOR IF DESIRED BY OWNER. NOT PART OF THIS CONTRACT.
1" = 1'-0"
TREE SINGLE STAKE PLANTING
SHRUB AREAS.
PLANTING AT
STAKING DETAILPLANT PIT DETAIL
TURF AREAS.
PLANTING AT
FX-PL-FX-TREE-022 TREE ON SLOPE - UNMODIFIED SOIL
1/2" = 1'-0"
Native soil.
Round-topped soil
berm 4" high x 8" wide
above root ball surface shall
be centered on the downhill
side of the root ball for 240°.
Berm shall begin at root ball
periphery.
Finished grade.
Bottom of root ball rests on
existing or recompacted soil.
SECTION VIEW
Original slope should pass
through the point where the
trunk base meets
substrate/soil.
Prior to mulching, lightly tamp
soil around the root ball in 6"
lifts to brace tree. Do not over
compact. When the planting
hole has been backfilled, pour
water around the root ball to
settle the soil.
Loosened soil. Dig and turn
the soil to reduce the
compaction to the area and
depth shown.
4" layer of mulch. No more
than 1" of mulch on
top of root ball.
Slope sides of loosened soil.
3x widest dimension of root ball
SLOPE 5% (20:1) TO 50% (2:1)
3
P:\24015_Orono Car Condo's\CAD\CD's\24015_L1.0-Proposed Landscape Plan.dwg, 9/30/2024 10:35:15 AM, 1:1, LEH45
46
763.559.9100
www.vaaeng.com2300 Berkshire Lane N, Suite 200
Plymouth, MN 55441
VAA, LLC
DRAWING NO:PROJECT NO:
DRAWING TITLE:
CLIENT:
PROJECT:
SCALE:
PRELIMINARY
NOT FOR CONSTRUCTION
Date Plotted:AS NOTED
DATE:
DESIGNED:
DRAWN:
ISSUE/REVISIONDATENO.BY
CHECKED:APPROVED:
NOTICE: THE DESIGN SHOWN AND DESCRIBED HEREIN INCLUDING ALL TECHNICAL
DRAWINGS, DETAILS, DEVELOPMENTS, GRAPHICS AND MODELS THEREOF, ARE THE
EXCLUSIVE PROPERTY OF VAA, LLC, AND CAN'T BE COPIED, DUPLICATED, REPRODUCED
OR COMMERCIALLY EXPLOITED, IN WHOLE OR IN PART, NOR CAN ANY DERIVATIVE WORK
BE MADE UNLESS EXPRESSLY AUTHORIZED IN WRITING BY VAA, LLC.
COPYRIGHT VAA, LLC 2024 - ALL RIGHTS RESERVED.
TRAVIS R. BECK, Architect, NCARB 41400
10/15/2024 3:55:37 PMA-A201
EXTERIOR ELEVATIONS
ORONO GARAGE CONDOS
430 OLD CRYSTAL BAY RD
ORGONO, MN 55356
ROBERT L. PAGE
5840 CLUB VALLEY RD
SHOREWOOD,MN 55331
240776
09/27/24
KCL
KYV
KCL ---
FIRST FLOOR
EL 100'-0"
EL 120'-0"
T/ WALL
EL 124'-0"
T/ WALL
DOOR AND OH DOOR
TRIM PAINTED BLACK ,
TYP
MAN DOOR & FRAME
PAINTED BLACK, TYP
OH DOOR PAINTED
BLACK, TYP
HARDIE SMOOTH SURFACE
PANEL (CHARCOAL)
4'x8' STUCCO TEXTURE PANEL
(CHARCOAL)
FAUX STONE, MISSION
POINT BY VERSETTA
ASPHALT SHINGLES (BLACK)
ROOF RIDGE
EL 139'-5"
1/8" = 1'-0"A-A201
1 EAST & WEST ELEVATION OF MIDDLE BUILDINGS
FIRST FLOOR
EL 100'-0"
EL 120'-0"
T/ WALL
EL 124'-0"
T/ WALL
HARDIE SMOOTH SURFACE
(CHARCOAL)
4'x8' STUCCO TEXTURE PANEL
(CHARCOAL)
FAUX STONE, MISSION
POINT BY VERSETTA
ASPHALT SHINGLES (BLACK)
ROOF RIDGE
EL 139'-5"
4"
12"
4"
12"
1/8" = 1'-0"A-A201
2 NORTH & SOUTH ELEVATION OF MIDDLE BUILDINGS
EL 100'-0"
T/ CONC
EL 120'-0"
T/ WALL
EL 124'-0"
T/ WALL
EL 136'-0"
ROOF RIDGE
4"
12"
14 1/4"
12"
HARDIE SMOOTH SURFACE
(CHARCOAL)
4'x8' STUCCO TEXTURE PANEL
(CHARCOAL)
FAUX STONE, MISSION
POINT BY VERSETTA
ASPHALT SHINGLES (BLACK)
1/8" = 1'-0"A-A201
4 BUILDING ALONG OLD CRYSTAL BAY
1/8" = 1'-0"A-A201
3 WEST ELEVATION OF BUILDING ALONG OLD CRYSTAL BAY
SOUTH ELEVATION OF
47
BUILDING
1
BUILDING 2
BUILDING 3 BUILDING 4 BUILDING 5
1
2
3
4
5
6
7
8
9
10
11
12
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23 1
2
3
4
5
6
7
8
9
10 11
12
13
14
15
16
17
18
19
20
1
2
3
4
5
6
7
8
9
10 11
12
13
14
15
16
17
18
19
20
1
2
3
4
5
6
7
8
9
10
ORONO INDUSTRIAL BOULEVARD
OLD CRYSTAL BAY ROADMNDOT RIGHT OF WAY PLAT NO 27-129
BLOCK 1
LOT 1
15.9
0.1
0.1
0.3
1.2
4.6
8.3
3.6
1.2
1.5
5.2
14.5
12.1
3.6
1.3
2.1
7.5
9.1
2.5
1.2
3.0
10.2
15.4
6.4
1.8
1.4
4.3
13.1
13.5
4.4
1.4
1.7
6.2
15.2
10.5
3.0
1.0
1.7
5.5
7.7
2.7
0.1
0.2
0.4
1.0
2.7
3.9
2.3
1.1
1.4
3.6
7.2
6.4
2.7
1.2
1.8
4.7
7.9
5.4
2.1
1.2
2.4
6.0
7.9
4.3
1.6
1.4
3.2
7.3
7.4
3.3
1.3
1.6
4.3
8.3
6.3
2.3
1.0
1.4
3.3
4.2
1.9
0.5
0.1
0.1
0.3
0.6
1.1
1.6
1.8
1.3
1.0
1.3
2.2
3.1
2.8
1.7
1.2
1.5
2.5
3.3
2.5
1.5
1.2
1.8
2.9
3.2
2.2
1.3
1.3
2.1
3.2
3.1
1.9
1.2
1.4
2.4
3.4
2.8
1.5
0.9
1.0
1.5
1.7
1.0
0.4
0.1
0.1
0.2
0.5
1.3
2.3
2.5
1.8
1.1
1.1
1.8
2.8
2.7
1.9
1.2
1.3
2.1
2.9
2.5
1.7
1.2
1.5
2.4
2.8
2.2
1.4
1.2
1.7
2.5
2.6
1.9
1.3
1.2
1.9
2.6
2.4
1.6
1.1
1.0
1.3
1.3
0.9
0.5
0.2
0.1
0.1
0.2
0.7
2.6
6.0
6.5
3.2
1.3
1.4
3.6
6.8
5.9
2.6
1.3
1.8
4.4
7.0
4.9
2.1
1.3
2.4
5.6
6.7
3.6
1.5
1.4
3.2
5.9
5.6
2.8
1.3
1.6
3.8
6.4
4.9
2.1
1.1
1.5
2.9
2.9
1.3
0.5
0.2
0.1
0.1
0.2
0.9
3.8
12.2
13.6
5.0
1.5
1.6
5.6
14.3
11.6
3.7
1.3
2.1
7.7
15.4
9.0
2.6
1.3
3.3
11.2
15.0
5.7
1.7
1.6
5.0
12.9
12.0
4.3
1.4
1.8
6.4
15.1
9.7
2.8
1.1
2.1
6.5
6.6
2.0
0.5
0.1
0.1
0.2
0.9
3.8
8.4
4.2
1.1
0.6
1.3
5.3
12.9
12.0
4.3
1.1
0.7
1.8
6.9
13.9
10.4
3.1
0.7
0.3
0.6
2.3
8.2
13.1
9.3
2.7
0.6
0.2
0.3
0.7
2.7
9.2
13.2
8.1
2.2
0.5
0.2
0.2
0.7
2.9
7.8
5.2
1.3
0.3
0.1
0.2
0.7
2.2
3.8
2.5
0.9
0.5
1.1
3.2
6.4
6.0
2.8
0.9
0.6
1.4
4.0
6.9
5.5
2.2
0.7
0.3
0.5
1.7
4.7
7.0
5.2
2.0
0.6
0.2
0.2
0.6
2.0
5.5
7.4
4.9
1.7
0.5
0.2
0.2
0.6
2.0
4.2
3.1
1.0
0.3
0.1
0.2
0.4
0.9
1.3
1.0
0.6
0.4
0.7
1.5
2.3
2.3
1.4
0.7
0.5
0.9
1.8
2.5
2.2
1.2
0.5
0.3
0.4
1.0
2.0
2.6
2.1
1.1
0.5
0.2
0.2
0.5
1.1
2.2
2.8
2.1
1.0
0.4
0.2
0.2
0.4
0.9
1.5
1.2
0.6
0.2
0.1
0.1
0.3
0.4
0.5
0.5
0.4
0.4
0.5
0.7
1.0
0.9
0.7
0.5
0.4
0.6
0.8
1.0
0.9
0.6
0.4
0.3
0.3
0.6
0.9
1.0
0.9
0.6
0.3
0.2
0.2
0.3
0.6
0.9
1.0
0.9
0.6
0.3
0.2
0.2
0.3
0.4
0.5
0.5
0.3
0.2
0.1
0.1
0.3
0.5
0.7
0.6
0.4
0.4
0.6
0.9
1.2
1.2
0.8
0.5
0.4
0.6
1.0
1.2
1.1
0.7
0.4
0.3
0.4
0.6
1.0
1.2
1.0
0.7
0.4
0.2
0.2
0.4
0.7
1.1
1.2
1.0
0.6
0.3
0.2
0.2
0.3
0.5
0.6
0.6
0.4
0.2
0.1
0.2
0.5
1.4
2.1
1.5
0.7
0.5
0.9
2.2
3.7
3.3
1.7
0.7
0.5
1.1
2.5
3.8
3.1
1.5
0.6
0.3
0.5
1.2
2.7
3.7
2.9
1.3
0.5
0.2
0.2
0.5
1.3
2.9
3.7
2.6
1.2
0.4
0.2
0.2
0.5
1.2
2.0
1.6
0.7
0.2
0.1
0.2
0.8
2.9
5.7
3.2
1.0
0.5
1.3
4.4
9.3
8.2
3.2
0.9
0.6
1.5
5.2
9.6
7.5
2.6
0.7
0.3
0.5
1.9
6.0
9.2
6.7
2.3
0.6
0.2
0.2
0.6
2.3
6.7
9.3
6.0
1.9
0.5
0.2
0.2
0.6
2.3
5.4
3.8
1.1
0.3
0.1
0.1
0.5
0.4
0.5
0.2
0.1
0.1
0.2
0.3
0.1
0.1
0.1
0.2
0.8
2.9
5.9
3.3
1.0
0.6
1.3
4.6
9.7
8.5
3.2
0.9
0.6
1.6
5.4
10.1
7.7
2.6
0.7
0.3
0.6
2.0
6.4
9.6
6.9
2.3
0.6
0.2
0.3
0.6
2.4
7.1
9.6
6.2
1.9
0.5
0.2
0.2
0.6
2.4
5.7
3.9
1.1
0.3
0.1
0.1
0.2
0.5
1.4
2.2
1.6
0.7
0.5
0.9
2.3
3.9
3.6
1.8
0.8
0.6
1.1
2.6
4.0
3.3
1.6
0.6
0.3
0.5
1.3
2.8
3.9
3.0
1.4
0.5
0.2
0.2
0.5
1.4
3.0
3.9
2.8
1.2
0.4
0.2
0.2
0.5
1.2
2.1
1.7
0.7
0.2
0.1
0.1
0.2
0.3
0.6
0.7
0.6
0.4
0.4
0.6
1.0
1.3
1.3
0.9
0.5
0.5
0.7
1.1
1.3
1.2
0.8
0.4
0.3
0.4
0.7
1.1
1.3
1.1
0.7
0.4
0.2
0.2
0.4
0.7
1.1
1.3
1.1
0.6
0.3
0.2
0.2
0.3
0.5
0.7
0.6
0.4
0.2
0.1
0.1
0.2
0.3
0.5
0.7
0.6
0.4
0.4
0.6
1.0
1.2
1.1
0.8
0.5
0.5
0.6
1.0
1.2
1.1
0.7
0.4
0.3
0.4
0.6
1.0
1.1
1.0
0.6
0.3
0.2
0.2
0.4
0.6
1.0
1.1
0.9
0.6
0.3
0.2
0.2
0.3
0.4
0.6
0.5
0.3
0.2
0.1
0.1
0.2
0.6
1.4
1.9
1.3
0.6
0.5
1.0
2.2
3.4
3.0
1.5
0.7
0.6
1.1
2.3
3.3
2.6
1.3
0.5
0.3
0.5
1.2
2.4
3.1
2.3
1.1
0.5
0.2
0.3
0.5
1.2
2.4
2.9
2.0
0.9
0.4
0.2
0.2
0.4
1.0
1.5
1.2
0.5
0.2
0.1
0.1
0.2
0.8
3.0
5.2
2.8
0.9
0.6
1.4
4.6
8.7
7.2
2.7
0.9
0.6
1.6
5.0
8.5
6.3
2.3
0.7
0.4
0.6
2.0
5.6
7.9
5.5
1.9
0.6
0.2
0.3
0.7
2.3
5.9
7.6
4.7
1.6
0.5
0.2
0.2
0.7
2.2
4.2
2.8
0.9
0.3
0.1
0.1
0.2
0.8
3.7
7.7
3.4
0.9
0.5
1.4
5.7
12.4
9.9
3.2
0.9
0.6
1.8
7.1
13.5
9.3
2.7
0.7
0.4
0.6
2.5
8.7
12.8
8.3
2.4
0.6
0.3
0.3
0.7
3.0
9.9
13.1
7.4
2.0
0.5
0.2
0.3
0.8
3.3
8.2
4.7
1.2
0.3
0.1
0.1
0.1
0.1
0.2
0.9
3.5
6.8
3.3
0.9
0.6
1.6
5.6
11.4
9.1
3.1
0.9
0.7
1.9
6.8
11.9
8.3
2.5
0.7
0.4
0.7
2.5
8.1
11.5
7.6
2.2
0.6
0.2
0.3
0.8
3.0
9.4
11.9
6.8
1.8
0.5
0.2
0.3
0.8
3.1
7.4
4.2
1.0
0.2
0.1
0.1
0.2
0.6
1.7
2.5
1.6
0.7
0.5
1.1
2.8
4.5
3.9
1.9
0.7
0.6
1.3
3.2
4.8
3.7
1.6
0.6
0.4
0.6
1.5
3.6
4.8
3.5
1.5
0.5
0.2
0.3
0.6
1.8
4.0
5.0
3.3
1.3
0.4
0.2
0.2
0.6
1.6
2.8
2.0
0.7
0.2
0.1
0.1
0.2
0.4
0.6
0.8
0.6
0.4
0.4
0.7
1.1
1.5
1.4
0.9
0.5
0.5
0.8
1.3
1.6
1.3
0.8
0.4
0.3
0.4
0.8
1.3
1.6
1.3
0.8
0.4
0.2
0.2
0.4
0.9
1.5
1.7
1.3
0.7
0.3
0.2
0.2
0.4
0.7
0.9
0.7
0.4
0.2
0.1
0.1
0.2
0.3
0.5
0.6
0.5
0.4
0.4
0.6
0.9
1.1
1.0
0.7
0.5
0.4
0.6
0.9
1.1
0.9
0.6
0.4
0.3
0.4
0.6
0.9
1.0
0.9
0.6
0.3
0.2
0.2
0.4
0.6
0.9
1.0
0.8
0.5
0.3
0.2
0.2
0.3
0.4
0.5
0.4
0.3
0.1
0.1
0.1
0.2
0.6
1.2
1.3
0.8
0.5
0.5
0.9
1.7
2.4
2.0
1.1
0.6
0.5
0.9
1.8
2.4
1.9
1.0
0.5
0.3
0.5
1.0
1.9
2.4
1.7
0.8
0.4
0.2
0.2
0.5
1.0
1.8
2.1
1.5
0.8
0.3
0.2
0.2
0.4
0.8
1.1
0.9
0.4
0.2
0.1
0.1
0.3
1.1
3.0
3.6
1.7
0.6
0.5
1.4
4.0
6.7
5.2
2.1
0.7
0.6
1.5
4.3
6.7
4.7
1.7
0.6
0.3
0.6
1.8
4.9
6.7
4.0
1.3
0.4
0.2
0.3
0.6
2.0
4.8
5.9
3.7
1.3
0.4
0.2
0.2
0.6
1.9
3.2
2.2
0.8
0.2
0.1
0.1
0.3
1.5
5.8
7.6
2.6
0.7
0.6
1.7
6.9
14.4
10.1
2.9
0.8
0.6
2.0
7.8
14.8
9.0
2.4
0.6
0.3
0.6
2.5
9.3
15.1
7.2
1.8
0.5
0.2
0.3
0.7
3.1
10.0
13.2
7.2
1.9
0.5
0.2
0.3
0.8
3.3
8.0
4.5
1.1
0.3
0.1
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
Statistics
Description Symbol Avg Max Min Max/Min Avg/Min
SITE 1.8 fc 15.9 fc 0.0 fc N/A N/A
10'
AFG
TYP.
W1
W1
W1
W1
W1
W1
W1
W1
W1
W1
W1
W1
W1
W1
W1
W1
W1
W1
W1
W1
W1
W1
W1
W1
W1
W1
W1
W1
W1
W1
W1
W1
W1
W1
W1
W1
W1
W1
W1
W1
W1
W1
W1
W1
W1
W1
W1
W1
W1
W1
W1
W1
W1
W1
W1
W1
W1
W1
W1
W1
W1
W1
W1
W1
W1
W1
W1
W1
W1
W1
W1
W1
W1
W1
W1
W1
W1
W1
W1
W1
W1
W1
W1
W1
W1
A. THE ELECTRICAL EQUIPMENT SHOWN ON
THIS SHEET IS DIAGRAMMATICAL IN
NATURE AND REPRESENTS APPROXIMATE
LOCATIONS IN OR ON SPACE/ROOM/AREA
OR EQUIPMENT. CONTRACTOR TO VERIFY
THE EXACT LOCATION AND COORDINATE
WITH NECESSARY TRADES.
GENERAL NOTES:
LIGHTING FIXTURE SCHEDULE
SYMBOL DESCRIPTION MFR./ CAT. NO.LAMP TYPE INPUT POWER/VOLT REMARKS/ACCESSORIES
W1
WET LOCATION -WALL MOUNT LED LITHONIA LIGHTING
CAT. NO.
WDGE2LEDP240K80CRIVFMVOLTSRMAWSDDBXD
LED 15 WATTS
(120/277V)
763.559.9100
www.vaaeng.com2300 Berkshire Lane N, Suite 200
Plymouth, MN 55441
VAA, LLC
DRAWING NO:PROJECT NO:
DRAWING TITLE:
CLIENT:
PROJECT:
SCALE:
PRELIMINARY
NOT FOR CONSTRUCTION
Date Plotted:AS NOTED
DATE:
DESIGNED:
DRAWN:
ISSUE/REVISIONDATENO. BY
CHECKED:APPROVED:
NOTICE: THE DESIGN SHOWN AND DESCRIBED HEREIN INCLUDING ALL TECHNICAL
DRAWINGS, DETAILS, DEVELOPMENTS, GRAPHICS AND MODELS THEREOF, ARE THE
EXCLUSIVE PROPERTY OF VAA, LLC, AND CAN'T BE COPIED, DUPLICATED, REPRODUCED
OR COMMERCIALLY EXPLOITED, IN WHOLE OR IN PART, NOR CAN ANY DERIVATIVE WORK
BE MADE UNLESS EXPRESSLY AUTHORIZED IN WRITING BY VAA, LLC.
COPYRIGHT VAA, LLC 2024 - ALL RIGHTS RESERVED.
DEREK R. SACHS, P.E.44638
9/24/2024 3:33:09 PME001
SITE PLAN - LIGHTING
PHOTOMETRICS
ORONO GARAGE CONDOS
ROB PAGE
240776
CTM
CTM
DRS DRS
1" = 20'-0"E001
SITE PLAN - LIGHTING PHOTOMETRICS1 PRELIMINARYNOT FORCONSTRUCTION430 OLD CRYSTAL BAY RD
ORONO, MN 55356
ROBERT L. PAGE
5840 CLUB VALLEY RD
SHOREWOOD, MN 55331
09.24.2024
48
l
COMMON INTEREST COMMUNITY NUMBER ______
Condominium
ORONO GARAGE CONDOMINIUMS
DECLARATION
THIS INSTRUMENT WAS DRAFTED BY:
Edwin Chanin
Chanin Law Firm, P.A.
18171 82nd Place North
Maple Grove, Minnesota 55311
(612) 963 7707
ed@chaninlaw.com
49
ii
Table of Contents
SECTION 1 DEFINITIONS ................................................................................................................................. 6
SECTION 2 DESCRIPTION OF UNITS, BOUNDARIES AND RELATED EASEMENTS ............................ 7
2.1. Units. ......................................................................................................................................... 7
2.2. Unit Boundaries. ....................................................................................................................... 7
2.3. Appurtenant Easements............................................................................................................. 8
SECTION 3 COMMON ELEMENTS, LIMITED COMMON ELEMENTS AND OTHER PROPERTY ......... 8
3.1. Common Elements. ................................................................................................................... 8
3.2. Limited Common Elements. ..................................................................................................... 8
SECTION 4 ASSOCIATION MEMBERSHIP; RIGHTS, INTERESTS AND OBLIGATIONS ....................... 8
4.1. Membership. ............................................................................................................................. 9
4.2. Allocation of Voting Rights. Undivided Interests and Common Expense Obligations. ........... 9
4.3. Appurtenant Rights and Obligations. ........................................................................................ 9
4.4. Authority to Vote. ..................................................................................................................... 9
SECTION 5 ADMINISTRATION ....................................................................................................................... 9
5.1. General. ..................................................................................................................................... 9
5.2. Operational Purposes. ............................................................................................................... 9
5.3. Binding Effect of Actions. ........................................................................................................ 9
5.4. Bylaws. ................................................................................................................................... 10
5.5. Management. ........................................................................................................................... 10
5.6. Rules and Regulations. ............................................................................................................ 10
5.7. Association Assets: Surplus Funds. ........................................................................................ 10
SECTION 6 ASSESSMENTS ............................................................................................................................ 10
6.1. General. ................................................................................................................................... 10
6.2. Annual Assessments. .............................................................................................................. 10
6.3. Special Assessments. .............................................................................................................. 11
6.4. Limited Assessments. ............................................................................................................. 11
6.5. Working Capital Fund. ............................................................................................................ 11
6.6. Liability of Owners for Assessments. ..................................................................................... 12
6.7. Declarant’s Liability for Assessments. ................................................................................... 12
6.8. Assessment Lien. .................................................................................................................... 13
6.9. Foreclosure of Lien: Remedies. .............................................................................................. 13
6.10. Lien Priority: Foreclosure. ...................................................................................................... 13
6.11. Real Estate Taxes and Assessments. ....................................................................................... 13
6.12. Voluntary Conveyances: Statement of Assessments. ............................................................. 13
SECTION 7 RESTRICTIONS ON USE OF PROPERTY ................................................................................. 14
7.1. General. ................................................................................................................................... 14
7.2. Subdivision or Conversion. ..................................................................................................... 14
7.3. Permitted Uses and Restrictions. ............................................................................................ 14
7.4. Leasing. ................................................................................................................................... 14
7.5. Parking. ................................................................................................................................... 14
7.6. Animals. .................................................................................................................................. 15
7.7. Signs. ....................................................................................................................................... 15
7.8. Exterior Lighting. .................................................................................................................... 15
7.9. Outdoor Activities. .................................................................................................................. 15
7.10. Quiet Enjoyment: Interference Prohibited. ............................................................................. 15
7.11. Compliance with Law. ............................................................................................................ 15
7.12. Ponds, Wetlands and Trees. .................................................................................................... 15
50
iii
7.13. Time Shares Prohibited. .......................................................................................................... 16
7.14. Access to Units. ...................................................................................................................... 16
SECTION 8 ARCHITECTURAL STANDARDS ............................................................................................. 16
8.1. Restrictions on Improvements. ............................................................................................... 16
8.2. Review Procedures. ................................................................................................................. 17
8.3. Remedies for Violations.......................................................................................................... 17
8.4. Owner Responsibility/Indemnity. ........................................................................................... 17
8.5. Exemptions. ............................................................................................................................ 18
SECTION 9 MAINTENANCE AND REPAIR .................................................................................................. 18
9.1. Association Obligations. ......................................................................................................... 18
9.2. Owner Obligations. ................................................................................................................. 18
SECTION 10 INSURANCE ............................................................................................................................... 19
10.1. Association Insurance. ............................................................................................................ 19
10.2. Cancellation: Notice of Loss. .................................................................................................. 19
10.3. Conflicts with Act. .................................................................................................................. 19
10.4. Owners’ Insurance/Indemnity. ................................................................................................ 20
SECTION 11 RECONSTRUCTION, EMINENT DOMAIN AND TERMINATION ...................................... 20
11.1. Reconstruction. ....................................................................................................................... 20
11.2. Eminent Domain. .................................................................................................................... 20
11.3. Termination and Liquidation. ................................................................................................. 20
11.4. Notice. ..................................................................................................................................... 20
11.5. Association’s Authority. ......................................................................................................... 21
SECTION 12 EASEMENTS .............................................................................................................................. 21
12.1. Access. .................................................................................................................................... 21
12.2. Use and Enjoyment. ................................................................................................................ 21
12.3. Structural Support. .................................................................................................................. 21
12.4. Encroachments. ....................................................................................................................... 21
12.5. Maintenance, Repair, Replacement and Reconstruction. ........................................................ 21
12.6. Utilities and Services. ............................................................................................................. 21
12.7. Emergency Access to Units. ................................................................................................... 22
12.8. Project Signs. .......................................................................................................................... 22
12.9. Declarant’s Easements. ........................................................................................................... 22
12.10. Other Easements. .................................................................................................................... 22
12.11. Continuation, Scope and Conflict of Easements. .................................................................... 22
12.12. Non-Interference: Impairment Prohibited............................................................................... 22
12.13. Benefit of Easements. ............................................................................................................. 22
SECTION 13 COMPLIANCE AND REMEDIES ............................................................................................. 22
13.1. Entitlement to Relief. .............................................................................................................. 23
13.2. Remedies. ................................................................................................................................ 23
13.3. Rights to Hearing. ................................................................................................................... 23
13.4. Lien for Charges, Penalties, Etc. ............................................................................................. 24
13.5. Costs of Proceeding and Attorneys’ Fees. .............................................................................. 24
13.6. Liability for Acts of Owners and Tenants. .............................................................................. 24
13.7. Enforcement by Owners.......................................................................................................... 24
13.8. Pre-litigation Requirement. ..................................................................................................... 24
SECTION 14 DECLARANT RIGHTS .............................................................................................................. 25
14.1. Complete Improvements. ........................................................................................................ 25
14.2. Relocate Boundaries, Subdivide, Combine, Convert and Alter Units. ................................... 25
14.3. Marketing Facilities. ............................................................................................................... 25
14.4. Signs. ....................................................................................................................................... 25
51
iv
14.5. Easements. .............................................................................................................................. 25
14.6. Control of Association. ........................................................................................................... 25
14.7. Consent to Certain Amendments. ........................................................................................... 25
14.8. Relocation of Boundaries or Subdivision, Conversion or Combination of Units. .................. 25
14.9. Additional Real Estate. ........................................................................................................... 25
14.10. Other Rights. ........................................................................................................................... 26
SECTION 15 AMENDMENTS ......................................................................................................................... 26
15.1. Approval Requirements. ......................................................................................................... 26
15.2. Procedures. .............................................................................................................................. 26
SECTION 16 MISCELLANEOUS .................................................................................................................... 27
16.1. Severability. ............................................................................................................................ 27
16.2. Construction. ........................................................................................................................... 27
16.3. Tender of Claims. .................................................................................................................... 27
16.4. Notices. ................................................................................................................................... 27
16.5. Conflicts Among Documents. ................................................................................................. 27
16.6. Duration of Covenants. ........................................................................................................... 27
52
5
(Above Space Reserved for Recording Data)
COMMON INTEREST COMMUNITY NO. _____
Condominium
ORONO GARAGE CONDOMINIUMS
DECLARATION
This Declaration (the “Declaration”) is made in the County of Hennepin, State of Minnesota, on this
____ day of ___________, 2025, by Orono Garage Condos, LLC, a Minnesota limited liability company (the
“Declarant”), pursuant to the provisions of Minnesota Statutes Chapter 515B, known as the Minnesota Common
Interest Ownership Act (the “Act”), for the purpose of creating Orono Garage Condominiums as a condominium
under the Act.
WHEREAS, Declarant is the owner of certain real property located in Hennepin County, Minnesota,
that is legally described in Exhibit B attached hereto, and Declarant desires to submit said real property and all
improvements thereon (collectively the “Property”) to the Act as a condominium, and
WHEREAS, Declarant desires to establish on the Property, a plan for a non-residential development,
to be owed, occupied and operated for the use, health, safety and welfare of the Owners and Tenants of the
Property, and for the purpose of preserving the value, quality and character of the Property, and
WHEREAS, the Property (i) is not subject to an ordinance referred to in Section 515B.1-106 of the
Act, governing conversions to common interest ownership, and (ii) is not subject to a master association as
defined in the Act; and
WHEREAS, the common interest community does not include shoreland as defined in Minnesota
Statutes Section 103F.205.
THEREFORE, Declarant subjects the Property to this Declaration under the name “Orono Garage
Condominiums,” consisting of the Units referred to in Section 2, and declaring that this Declaration shall
constitute covenants to run with the Property, and that the Property and any real estate added thereto shall be
owned, used, occupied and conveyed subject to the covenants, restrictions, easements, charges and liens set forth
herein, all of which shall be binding upon all Persons owning or acquiring any right, title or interest therein, and
their heirs, personal representatives, successors and assigns.
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SECTION 1
DEFINITIONS
The following words when used in the Governing Documents shall have the following meanings (unless
the context indicates otherwise):
1.1 “Act” means the Minnesota Common Interest Ownership Act, Minnesota Statutes Chapter
515B, as amended.
1.2 "Additional Real Estate" means the real property legally described on Exhibit C attached
hereto, including any improvement located thereon now or in the future, and all easements and
rights appurtenant thereto, which property Declarant has the exclusive right to add to the
common interest community.
1.3 “Assessments” means and refers to all assessments levied by the Association pursuant to
Section 6 of this Declaration.
1.4 “Association” means Orono Garage Condominium Association, a nonprofit corporation
created pursuant to Minnesota Statutes Chapter 317A and Section 515B.3-101 of the Act,
whose members consist of all Owners.
1.5 “Board” means the Board of Directors of the Association, as provided for in the Bylaws.
1.6 “Building” means each structure which is or becomes a part of the Property and contains a Unit
or Units.
1.7 “Bylaws” means the Bylaws governing the operation of the Association, as amended from time
to time.
1.8 “City” means the city of Orono, Minnesota.
1.9 “Common Elements” means all parts of the Property including any improvement thereon,
except the Units.
1.10 “Common Expenses” means all expenditures made or liabilities incurred by or on behalf of
the Association and incident to its operation, including Assessments and items otherwise
identified as Common Expenses in the Declaration or Bylaws.
1.11 “Common Interest Community” (also sometimes referred to herein as “CIC”) shall mean the
contiguous or noncontiguous real estate described on Exhibit B attached hereto that is subject
to this Declaration, as more fully described in Section 515B.1-103(10) of the Act.
1.12 “Declarant Control Period” means the time period during which Declarant has the exclusive
right to appoint the members of the Board, as described in Section 14.7 of this Declaration.
1.13 “Governing Documents” means this Declaration, and the Articles of Incorporation and
Bylaws of the Association, as amended from time to time, all of which shall govern the use and
operation of the Property.
1.14 “Limited Common Elements” means a portion of the Common Elements allocated by the
Declaration or by operation of Section 515B.2-102(d) of the Act for the exclusive use of one
or more but fewer than all of the Units.
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1.15 “Member” means all persons who are members of the Association by reason of being Owners
as defined in this Declaration. The words “Owner” and “Member” may be used interchangeably
in the Governing Documents.
1.16 “Mortgagee” means any Person owning a mortgage recorded against a Unit, which mortgage
constitutes a first mortgage lien against the Unit.
1.17 “Owner” means a Person who owns a Unit in fee title, but excluding contract for deed vendors,
mortgagees, holders of remainder or reversionary interests and other secured parties within the
meaning of the Act.
1.18 “Person” means a natural individual, corporation, limited liability company, partnership,
limited liability partnership, trustee, or other legal entity capable of holding title to real
property.
1.19 “Plat” mans the recorded plat depicting the Property pursuant to the requirements of Section
515B.2-110(c) of the Act, including any amended or supplemental Plat recorded from time to
time in accordance with the Act.
1.20 “Property” means all of the real property subjected to this Declaration, now or in the future,
including all structures and any other improvement located thereon. The Property is legally
described in Exhibit B attached hereto.
1.21 “Rules and Regulations” means the Rules and Regulations of the Association as approved
from time to time pursuant to Section 5.6.
1.22 “Tenant” means any Person or Persons, other than an Owner, occupying or using a Unit.
1.23 “Unit” means a part of the Property, other than the Common Elements, including one or more
rooms or enclosed spaces, occupying all or part of one or more floors of a Building, designed
and intended for separate ownership and use, as described in Section 2 and shown on the Plat.
Any terms used in the Governing Documents and defined in the Act and not in this Section, shall have
the meaning set forth in the Act. References to Section numbers refer to the Sections of this Declaration unless
otherwise indicated. References to the singular may refer to the plural, and conversely, depending upon context.
SECTION 2
DESCRIPTION OF UNITS, BOUNDARIES AND RELATED EASEMENTS
2.1. Units. There are a maximum of eighty-five (85) Units, subject to the right of Declarant to
subdivide, combine or convert Units, as provided in Section 14. The Units shall be used exclusively for non-
residential purposes, including vehicle, motor-sports and other business storage. Each Unit constitutes a separate
parcel of real estate. The Unit identifiers and locations of the Units are as shown on the Plat, which is incorporated
herein by reference. A schedule of the Units is set forth in Exhibit A.
2.2. Unit Boundaries. The boundaries of each Unit shall be the interior unfinished surfaces of its
perimeter walls, floors and ceilings. Wallpaper, paneling, tiles and other finishing materials adhered to the
interior of the Unit boundaries shall be a part of the Unit; provided, that any load bearing portions of any interior
or perimeter walls, columns, ceilings or floors, and any common utility lines or other common facilities located
in or passing through a Unit, shall be Common Elements. The boundaries of each Unit shall also extend along
the inside unfinished surfaces of its perimeter doors and windows, and their frames, and said perimeter doors,
windows and frames, and their hardware, shall be deemed to be Limited Common Elements appurtenant to such
Unit. Subject to this Section and Section 3.2, all spaces, interior partitions, and other fixtures and improvements
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within the boundaries of a Unit are a part of the Unit.
2.3. Appurtenant Easements. The Units shall be subject to and benefited by the easements described
in Section 12.
SECTION 3
COMMON ELEMENTS, LIMITED COMMON ELEMENTS AND OTHER PROPERTY
3.1. Common Elements. The Common Elements and their characteristics are as follows:
3.1.1. All of the Property not included within the Unit boundaries and any load bearing
portions of any interior or perimeter walls, columns, ceilings or floors; and any common utility lines or
other common facilities located in or passing through a Unit shall be Common Elements. The Common
Elements include, but are not limited to, all areas and items listed in this Section 3, and those parts of
the Property designated as Common Elements on the Plat or in the Act.
3.1.2. The Common Elements shall be subject to (i) the easements described in this
Declaration and any other easements recorded against the Common Elements; (ii) the rights of Owners
and Tenants in any Limited Common Elements allocated to their respective Units; and (iii) the right of
the Association to establish reasonable Rules and Regulations governing the use of the Property.
3.2. Limited Common Elements. The Limited Common Elements are those parts of the Common
Elements reserved for the exclusive use of the Owners and Tenants of the Units to which they are allocated. The
rights to the use and enjoyment of the Limited Common Elements are automatically conveyed with the
conveyance of such Units. The Limited Common Elements are described and allocated to the Units, as follows:
3.2.1. Those items or areas designated as Limited Common Elements on the Plat are allocated
to the Units indicated thereon.
3.2.2. Improvements, if any, such as loading dock platforms, built-in vehicle lifts, decks,
balconies, awnings, exterior windows and doors, driveways, walks, walkways or entryways constructed
as part of the original construction to serve a single Unit or Units, and replacements and modifications
thereof authorized pursuant to Section 8, located wholly or partially outside the Unit boundaries, are
allocated to the Unit or Units which they serve.
3.2.3. Chutes, flues, ducts, drains, pipes, wires, conduit or other utility installations, bearing
walls, bearing columns, or any other components or fixtures located wholly or partially outside the Unit
boundaries, and serving only that Unit or Units, are allocated to the Unit or Units they serve. Any portion
of such installations serving or affecting the function of the Common Elements is a part of the Common
Elements.
3.2.4. Heating, ventilating, air conditioning, plumbing, electrical or mechanical equipment
serving only a certain Unit or Units and located wholly or partially outside the Unit boundaries is
allocated to the Unit or Units served by such equipment.
3.3 Annexation of Other Property. In addition to the Additional Real Estate, which may be
unilaterally annexed only by the Declarant, other real property may be annexed to the common interest
community as Common Elements and subjected to this Declaration, in accordance with Section 515B.2-125 of
the Act.
SECTION 4
ASSOCIATION MEMBERSHIP; RIGHTS, INTERESTS AND OBLIGATIONS
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Membership in the Association, and the allocation to each Unit of a portion of the votes in the
Association and a portion of the Common Expenses of the Association and undivided interests in the Common
Elements, shall be governed by the following provisions:
4.1. Membership. Each Owner shall be a member of the Association solely by reason of owning a
Unit, and the membership shall be transferred with the conveyance of the Owner’s interest in the Unit. An
Owner’s membership shall terminate when the Owner’s ownership terminates. When more than one Person is
an Owner of a Unit, all such Persons shall be members of the Association, but multiple ownership of a Unit shall
not alter the voting rights allocated to such Unit nor authorize the division of the voting rights.
4.2. Allocation of Voting Rights. Undivided Interests and Common Expense Obligations. Voting
rights, undivided interests in the Common Elements and Common Expense obligations (subject to Sections 6.4
and 6.7) are allocated among the Units based upon the area of each Unit (exclusive of any optional mezzanine
area) relative to the aggregate area of all Units, as set forth as percentages in Exhibit A attached hereto. The
voting rights, Common Expense obligations and undivided interests referred to in this Section 4.2 shall be
reallocated among all Units based upon the above formula in the event additional Units are created.
4.3. Appurtenant Rights and Obligations. The ownership of a Unit shall include the voting rights,
Common Expense obligations and undivided interests described in Section 4.2. Said rights, interests and
obligations, and the title to the Units, shall not be separated or conveyed separately, and any conveyance,
encumbrance, judicial sale or other transfer of any allocated interest in a Unit, separate from the title to the Unit
shall be void. The allocation of the rights, interests and obligations described in this Section may not be changed,
except in accordance with the Governing Documents and the Act.
4.4. Authority to Vote. The Owner, or some natural person designated to act as proxy on behalf of
the Owner, and who need not be an Owner, may cast the vote allocated to such Unit at meetings of the
Association. However, if there are multiple Owners of a Unit, only the Owner or other person designated
pursuant to the provisions of the Bylaws may cast such vote. The voting rights of Owners are more fully
described in Section 3 of the Bylaws.
SECTION 5
ADMINISTRATION
The administration and operation of the Association and the Property, including but not limited to, the
acts required of the Association, shall be governed by the following provisions:
5.1. General. The operation and administration of the Association and the Property shall be
governed by the Governing Documents, the Rules and Regulations, and the Act. The Association shall, subject
to the rights of the Owners set forth in the Governing Documents and the Act, be responsible for the operation,
management and control of the Property. The Association shall have all powers described in the Governing
Documents, the Act and the statute under which the Association is incorporated. All power and authority
exercisable by the Association shall be vested in the Board, unless action or approval by the individual Owners
is specifically required by the Governing Documents or the Act. All references to the Association shall mean the
Association acting through the Board, unless specifically stated to the contrary.
5.2. Operational Purposes. The Association shall operate and manage the Property for the purposes
of (i) administering and enforcing the covenants, restrictions, easements, charges and liens set forth in the
Governing Documents and the Rules and Regulations, (ii) maintaining, repairing and replacing those portions
of the Property for which it is responsible, and (iii) preserving the value and architectural character of the
Property.
5.3. Binding Effect of Actions. All agreements and determinations made by the Association in
accordance with the powers and voting rights established by the Governing Documents or the Act shall be
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binding upon all Owners and Tenants, and their lessees, guests, heirs, personal representatives, successors and
assigns, and all secured parties as defined in the Act.
5.4. Bylaws. The Association shall have Bylaws. The Bylaws shall govern the operation and
administration of the Association and shall be binding on all Owners and Tenants. The Bylaws need not be
recorded.
5.5. Management. The Board may delegate to a manager or managing agent the management of any
or all Units, including any management duties imposed upon the Association’s officers and directors by the
Governing Documents and the Act. However, such delegation shall not relieve the officers and directors of the
ultimate responsibility for the performance of their duties as prescribed by the Governing Documents and by
law. The Declarant and/or an affiliate of the Declarant may be employed as the manager of the Association
and/or the Property pursuant to a separate, written agreement, subject to termination as provided by the Act or
the management agreement.
5.6. Rules and Regulations. The Property and the conduct of Persons thereon is subject to
regulation, as follows:
5.6.1. The Board has the exclusive authority to approve and implement such reasonable
Rules and Regulations as it deems necessary from time to time for the purpose of operating and
administering the affairs of the Association and regulating the use of the Property; provided that the
Rules and Regulations shall not be inconsistent with the Governing Documents or the Act. The inclusion
in other parts of the Governing Documents of authority to approve Rules and Regulations shall be
deemed to be in furtherance, and not in limitation, of the authority granted by this Section. New or
amended Rules and Regulations shall be effective only after reasonable notice thereof has been given
to the Owners.
5.6.2. An Owner may establish reasonable rules relating to the internal use of such Owner’s
Unit and the conduct of Persons using or visiting the Unit; provided that the rules shall be consistent
with and subject to the Governing Documents, the Rules and Regulations, this Declaration and
applicable law.
5.7. Association Assets: Surplus Funds. All funds and real or personal property acquired by the
Association shall be held and used for the benefit of the Owners for the purposes stated in the Governing
Documents. Surplus funds remaining after payment of or provision for Common Expenses and reserves shall be
credited against future Assessments or added to reserves, as determined by the Board.
SECTION 6
ASSESSMENTS
6.1. General. Assessments shall be determined and assessed against the Units by the Board, in its
discretion, subject to the requirements and procedures set forth in this Section 6 and the Bylaws. Assessments
shall include annual Assessments under Section 6.2 and may include special Assessments under Section 6.3 and
limited Assessments under Section 6.4. Annual and special Assessments shall be allocated among the Units in
accordance with the allocation formula set forth in Section 4.2. Limited Assessments under Section 6.4 shall be
allocated to Units as set forth in that Section.
6.2. Annual Assessments. Annual Assessments shall be established and levied by the Board. Each
annual Assessment shall cover all of the anticipated Common Expenses of the Association for that year which
are to be shared by all Units in accordance with the allocation formula described in Section 4.2. Annual
Assessments shall be payable annually, or in equal monthly or quarterly installments, as established by the
Board. Annual Assessments may provide, among other things, for an adequate reserve fund for the replacement
of the Common Elements and those parts of the Units for which the Association is responsible and which are
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not funded by limited Assessments, pursuant to Section 6.4. Annual Assessments shall provide, for funds
adequate to perform the minimum required maintenance of the Common Elements under any preventive
maintenance plan adopted by the Association as required under Section 515B.3-107 of the Act.
6.3. Special Assessments. In addition to annual Assessments, the Board may levy in any Assessment
year a special Assessment against all Units in accordance with the allocation formula set forth in Section 4.2.
Among other things, special Assessments may be used for the purpose of defraying in whole or in part the cost
of any unforeseen or unbudgeted Common Expense.
6.4. Limited Assessments. In addition to annual Assessments and special Assessments, the Board
may at its discretion, levy and allocate limited Assessments among one or more, but not all, Units, in accordance
with the following requirements and procedures:
6.4.1. Any Common Expense associated with the maintenance, repair, or replacement of a
Limited Common Element shall be assessed exclusively against the Unit or Units to which that Limited
Common Element is allocated, as determined by the Board.
6.4.2. Any Common Expense benefiting fewer than all of the Units but not falling within
Section 6.4.1 may be assessed against the Unit or Units benefited, as determined by the Board.
6.4.3. The costs of insurance may be assessed equally or by actual cost per Unit, and the costs
of common utilities may be assessed equally, in proportion to usage, or such other reasonable allocation
as may be approved by the Board.
6.4.4. Reasonable attorneys’ fees and other professional fees and costs incurred by the
Association in connection with (i) the collection of Assessments and (ii) the enforcement of the
Governing Documents, the Act, or the Rules and Regulations, against an Owner or Tenant or their
guests, may be assessed against the Owner’s Unit.
6.4.5. Late charges, fines and interest may be assessed as provided in Section 13.
6.4.6. If any damage to the Common Elements, Limited Common Elements or another Unit
or any portion of the Owner’s Unit that the Association is obligated to maintain is caused by the act or
omission of any Owner or Tenant, or their guests, the Association may assess the costs of repairing the
damage exclusively against the offending Owner’s Unit to the extent not covered by insurance.
6.4.7. If a Unit is owned by multiple individuals or an entity and the Common Elements or
any other improvements or facilities related to the common interest community are used by more than
one individual and his or her immediate family, (“immediate family” being defined to include the
individual’s spouse, children and stepchildren) the Board is authorized to assess an Owner of the Unit
for excess use of the Common Elements or such other improvements or facilities in an amount
determined by the Board.
6.4.8. If Common Expense liabilities are reallocated for any purpose authorized by the Act,
Assessments and any installment thereof not yet due shall be recalculated in accordance with the
reallocated Common Expenses liabilities.
Assessments levied under Sections 6.4.l through 6.4.7 may, at the Board’s discretion, be assessed as a part of,
or in addition to, the other Assessments levied under Section 6.1 or 6.2.
6.5. Working Capital Fund. There shall be established a working capital fund to meet unforeseen or
unbudgeted expenditures or to purchase additional equipment or services during the Association’s beginning
years of operation. There shall be contributed, on a one-time basis upon the initial sale of each Unit by Declarant,
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an amount equal to $500.00 per Unit. The contribution shall be paid by the Unit purchasers at the earlier of the
time of closing of sale of the Unit or by the Declarant at the time of termination of the Declarant Control Period
as to then unsold Units. The contributions to this fund are in addition to the regular installments of annual
Assessments. The Board may include in each subsequent annual budget a reasonable amount of working capital,
based upon the anticipated needs of the Association for the year in question. The funds shall be deposited into
an account of the Association (which need not be a segregated account) no later than the termination of the
Declarant Control Period. Funds deposited in said account may be used to fund replacement reserves or for
operations of the Property or the Association. Upon the closing of the initial sale of a Unit, Declarant may
reimburse itself from funds collected from the purchaser at the closing for any prior contributions made by
Declarant to any reserve fund with respect to that Unit.
6.6. Liability of Owners for Assessments. The obligation of an Owner to pay Assessments shall
commence at the later of (i) the time at which the Owner acquires title to the Unit, or (ii) the due date of the first
Assessment levied by the Board. The Owner at the time an Assessment is payable with respect to the Unit shall
be personally liable for the share of the Common Expenses assessed against such Unit. Such liability shall be
joint and several where there are multiple Owners of the Unit. Subject to Section 6.7, the liability is absolute and
unconditional and no Owner is exempt from liability for payment of Assessments by right of set- off, by waiver
of use or enjoyment of any part of the Property, by absence from or abandonment of the Unit, by the waiver of
any other rights, or by reason of any claim against the Declarant, the Association or its officers, directors or
agents, or for their failure to fulfill any duties under the Governing Documents or the Act.
6.7. Declarant’s Liability for Assessments. Pursuant to Section 515B.3-1151 of the Act, the
Declarant is hereby authorized to establish an alternate common expense plan whereby the Declarant’s Common
Expense liability, and the corresponding assessment lien against the Units owned by the Declarant, is limited to:
(A) paying when due, in compliance with Section 515B.3.1-1151(b) of the Act, an amount equal to the full share
of replacement reserves allocated to Units owned by the Declarant, as set forth in the Association’s annual
budget, and (8) paying when due all accrued expenses of the CIC in excess of the aggregate assessments payable
with respect to Units owned by persons other than Declarant, provided that the alternate common expense plan
shall not affect Declarant’s obligation to make up any operating deficit pursuant to Section 515B.3-115l(a)(2)(iv)
of the Act.
6.7.1. Duration of Alternate Common Expense Plan. The alternate common expense plan
shall be effective for a period of not less than one year but shall in any event terminate upon the
termination of the Declarant Control Period unless terminated earlier pursuant to Section 515B.3-1151
(a)(2)(iii) of the Act.
6.7.2. Level of Services. The alternate common expense plan shall have no effect on the level
of services for items set forth in the Association’s budget.
6.7.3. Accounting Obligations Associated with Use of Alternate Common Expense Plan. If
Declarant utilizes an alternate common expense plan, Declarant shall cause to be prepared and delivered
to the Association, at the Declarant’s expense, within 90 days after the termination of the Declarant
Control Period, an audited balance sheet and profit and loss statement certified to the Association and
prepared by an accountant having the qualifications set forth in section 515B.3-121 (b) of the Act. The
audit shall be binding on the Declarant and the Association.
(i) If the audited profit and loss statement shows an accumulated operating deficit,
the Declarant shall be obligated to make up the deficit within 15 days after
delivery of the audit to the Association, and the Association shall have a claim
against the Declarant for an amount equal to the deficit until paid. If Declarant
does not utilize an alternate common expense plan, Declarant is not liable to
make up any operating deficit.
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(ii) The existence and amount, if any, of the operating deficit shall be determined
using the accrual method of accounting applied as of the date of termination of
the Declarant Control Period, regardless of the accounting methodology
previously used by the Association to maintain its accounts.
(iii) Unless approved by a vote of the Unit Owners other than the Declarant and its
affiliates, the operating deficit shall not be made up, prior to the election by the
Unit Owners of a Board of Directors pursuant to section 515B.3-103(d) of the
Act, through the use of a special assessment or by assessments described in
subsections 515B.3-1151(e), (f), and (g) of the Act.
6.8. Assessment Lien. The Association has a lien on a Unit for any Assessment levied against that
Unit from the time the Assessment becomes due. If an Assessment is payable in installments, the full amount of
the Assessment is a lien from the time the first installment thereof becomes due. Fees, charges, late charges,
fines and interest charges imposed by the Association pursuant to Section 515B.3-102(a)(10), (11) and (12) of
the Act are liens, and are enforceable as Assessments, under this Section 6. Recording of the Declaration
constitutes record notice and perfection of any lien under this Section 6, and no further recordation of any notice
of or claim for the lien is required. Notwithstanding the foregoing, in the event that the Association records a
notice of lien against a Unit, the Association will be deemed to be a purchaser for purposes of the Recording
Act, Minnesota Statutes §507.34, as of the date that the lien document is properly recorded. Past due assessments,
and amounts enforceable hereunder as assessments, shall bear interest at the rate established with respect to
judgments under Minnesota Statutes Section 549.09. The release of the lien shall not release the Owner from
personal liability unless agreed to in writing by the Association.
6.9. Foreclosure of Lien: Remedies. A lien for Assessments may be foreclosed against a Unit under
the laws of the State of Minnesota (i) by action, or (ii) by advertisement in a like manner as a mortgage containing
a power of sale. The Association, or its authorized representative, shall have the power to bid in at the foreclosure
sale and to acquire, hold, lease, mortgage and convey any Unit so acquired. The Owner and any other Person
claiming an interest in the Unit, by the acceptance or assertion of any interest in the Unit, grants to the Association
a power of sale and full authority to accomplish the foreclosure. The Association shall, in addition to its other
remedies, have the right to pursue any other remedy at law or in equity against the Owner who fails to pay any
Assessment or charge against the Unit.
6.10. Lien Priority: Foreclosure. A lien for Assessments is prior to all other liens and encumbrances
on a Unit except (i) liens and encumbrances recorded before the Declaration, (ii) any first mortgage on the Unit,
and (iii) liens for real estate taxes and other governmental assessments or charges against the Unit.
Notwithstanding the foregoing, if (1) a first mortgage on a Unit is foreclosed, (2) the first mortgage was recorded
on or after the date of recording of this Declaration, and (3) no Owner redeems during the Owner’s period of
redemption provided by Minnesota Statutes Chapters 580, 581, or 582; then the holder of the sheriffs certificate
of sale from the foreclosure of the first mortgage or any person who acquires title to the Unit by redemption as
a junior creditor shall take title to the Unit subject to a lien in favor of the Association for unpaid Assessments
or installments thereof levied pursuant to Sections 515B.3-115(a), (e)(l) to (3), (f), and (i) of the Act which
became due, without acceleration, during the six months immediately preceding the first day following the end
of the Owner’s period of redemption.
6.11. Real Estate Taxes and Assessments. Real estate taxes, special assessments, and other charges
and fees which may be levied against the Common Elements by governmental authorities, shall be allocated
among and levied against the Units based upon their respective percentage interests in the Common Elements as
set forth in Exhibit A, and shall be a lien against each Unit in the same manner as a lien for real estate taxes and
special assessments levied against the Unit alone.
6.12. Voluntary Conveyances: Statement of Assessments. In a voluntary conveyance of a Unit the
buyer shall not be personally liable for any unpaid Assessments and other charges made by the Association
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against the seller or the seller’s Unit prior to the time of conveyance to the buyer, unless expressly assumed by
the buyer. However, the lien of such Assessments shall remain against the Unit until released. Any seller or
buyer shall be entitled to a statement, in recordable form, from the Association setting forth the amount of the
unpaid Assessments against the Unit, including all Assessments payable in the Association’s current fiscal year,
which statement shall be binding on the Association, seller and buyer.
SECTION 7
RESTRICTIONS ON USE OF PROPERTY
All Owners and Tenants, and all Mortgagees and other secured parties, by their acceptance or assertion
of an interest in the Property, or by their occupancy of part or all of a Unit, covenant and agree that, in addition
to any other restrictions which may be imposed by the Act, the Governing Documents, or the Rules and
Regulations, the occupancy, use, operation, alienation and conveyance of the Property shall be subject to the
following restrictions:
7.1. General. The Property shall be owned, conveyed, encumbered, leased, used and occupied
subject to the Governing Documents and the Act, as amended from time to time. All covenants, restrictions and
obligations set forth in the Governing Documents are in furtherance of a plan for the Property and shall run with
the Property and be a burden and benefit to all Owners and Tenants and to any other Person acquiring or owning
an interest in the Property, their heirs, personal representatives, successors and assigns. The Property shall be
used for private uses, except as otherwise approved by the Board.
7.2. Subdivision or Conversion. Except as permitted by this Declaration, no Unit, nor any part of
the Common Elements, may be subdivided, partitioned or converted without the prior written approval of all
Owners and all Mortgagees.
7.3. Permitted Uses and Restrictions. The Property shall be used for (i) vehicle storage, and minor
maintenance, care, or upkeep of vehicles stored in individual units, including but not limited to the storage of
automobiles, motorcycles, recreational vehicles, all terrain vehicles and snowmobiles, (ii) business-related
storage and related office uses permitted by City ordinances or by agreement with the City, and approved by the
Board, and (iii) other non-residential uses permitted by City ordinances or by agreement with the City, and
approved by the Board; provided that none of the following businesses, trades, occupations or professions,
whether carried on for profit or otherwise, shall be conducted, maintained or permitted anywhere on the Property:
adult theatre, adult amusement facility, any facility selling, providing or displaying adult-oriented or
pornographic materials, liquidation facility, auction house, flea market, sleeping quarters or lodging, housing or
raising animals, day care or child care facility, nursing home or nursing facility, any retail use including but not
limited to automobile repair, place of worship or betting establishment.
7.4. Leasing. Leases of Units shall be permitted, subject to the following conditions: (i) the Tenant’s
use shall comply with Section 7.3, (ii) no Unit may be subleased, (iii) a Unit must be leased in its entirety (not
in part or by room), (iv) all leases shall be in writing, and (v) all leases shall provide that they are subject to the
Governing Documents, the Rules and Regulations and the Act, and that any failure of the Tenant to comply with
the terms of such documents shall be a default under the lease. The Owner of the leased Unit shall, upon request
of the Board, provide a copy of the signed lease to the Association.
7.5. Parking. Subject to the provisions of this Section, surface parking areas located on the Common
Elements shall be available for parking by all Owners and Tenants, and their guests. The Board may establish
reasonable Rules and Regulations governing the use of the surface parking areas, including but not limited to
the assignment of a limited number of parking spaces for the use of handicapped persons, or for the use of the
Owners or Tenants of a particular Unit or owners or employees of businesses located within a Unit; provided,
(i) that if parking spaces are assigned, they shall be assigned in a uniform, fair and equitable manner, and (ii)
that handicapped spaces shall be reserved in accordance with law. Storage or prolonged (in excess of 24 hours)
parking of vehicles, trailers or other transportation devices in surface parking areas, or the exterior storage of
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personal property of any type, is prohibited.
7.6. Animals. The Board shall have the exclusive authority to prohibit, or to allow and regulate, the
keeping of animals on the Property, or to require and enforce removal of animals that exhibit behavioral problems
whose owners fail or refuse to comply with pet restrictions. This authority may be exercised so as to permit or
prohibit different types or breeds of animals, but those animals which are permitted (if any) shall be limited to
common domestic dogs and cats. However, no animal may be bred or kept or maintained for business for
business or commercial purposes, anywhere on the Property. The word “animal” shall be interpreted in its
broadest sense and shall include all living creatures except humans. Notwithstanding the foregoing, no provision
of the Governing Documents, nor any Rule or Regulation, may prohibit the keeping of a qualified service dog
or similar animal by a person who is handicapped within the meaning of the Fair Housing Amendments Act of
1988 or comparable state law.
7.7. Signs. Signs or other displays of any type may be erected (i) only at locations established by
the Declarant or subsequently approved by the Board, (ii) in compliance with City sign ordinances and the design
standards established for the Property by the Declarant, and (iii) approved pursuant to Section 8. The design,
erection and maintenance of signs shall be subject to the following additional requirements and conditions:
7.7.1. An Owner may erect and post signs within the Owner’s Unit as necessary to direct
traffic, identify spaces, and facilitate other internal operations of the Unit.
7.7.2. An Owner, outside whose Unit a sign identifying the Unit is located, shall be
responsible for maintaining the sign in good condition and in a manner consistent with the first-class
maintenance and design standards applicable to the Property as a whole, except that any common signs
or directories identifying the project shall be maintained by the Association.
7.7.3. All signs or other displays shall be subject to prior approval by the Declarant so long
as Declarant owns a Unit for sale or has the right to add Additional Real Estate to the Property.
7.8. Exterior Lighting. The location, size, color and design of all lighting fixtures or similar
equipment used or shown outside of a Building must be (i) in compliance with City lighting requirements, (ii)
consistent with the design standards established for the Property by the Declarant and (iii) approved pursuant to
Section 8.
7.9. Outdoor Activities. Outdoor activities on the Property, such as promotional events, gatherings,
demonstrations, displays or other activities which have the potential to materially affect any easement or use
rights, cause a nuisance or material disturbance, create a safety or health hazard, or create material liability for
the Association or any Member, shall be prohibited.
7.10. Quiet Enjoyment: Interference Prohibited. All Owners and Tenants and their guests shall have
a right of quiet enjoyment in their respective Units, subject to the usual and customary sounds, odors or activities
commonly associated with occupants such as those located in the Units. Subject to the foregoing, the Property
shall be occupied and used in such a manner as will not cause a nuisance, nor unduly restrict, interfere with or
impede the reasonable use and quiet enjoyment of the Property by other Owners and Tenants and their guests.
7.11. Compliance with Law. No use shall be made of the Property which would violate any then-
existing municipal codes or ordinances, or state or federal laws, nor shall any act or use be permitted which could
cause waste to the Property, cause a material increase in insurance rates on the Property, or otherwise cause any
unusual liability, health or safety risk, or expense, for the Association or any owner or Tenant.
7.12. Ponds, Wetlands and Trees. Ponds, marshes, wetland areas, vegetation and trees, whether
natural or otherwise, shall be maintained in substantially the same condition as originally existing or established
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by the Declarant, subject only to (i) changes authorized or made by the Association consistent with all statutes,
requirements, rules and regulations imposed on such areas and items by governmental authorities having
jurisdiction and (ii) the prior approval by the City or any other governmental authorities, if required.
7.13. Time Shares Prohibited. The time share form of ownership, or any comparable form of lease,
occupancy rights, ownership, or right-to-use plans, which has the effect of dividing the ownership or occupancy
of a Unit into separate time periods, is prohibited.
7.14. Access to Units. In case of emergency, all Units and Limited Common Elements are subject to
entry, without notice and at any time, by an officer or member of the Board, by the Association’s management
agents or by any public safety personnel. Entry is also authorized for maintenance purposes under Section 9, and
for enforcement purposes under Section 13.
SECTION 8
ARCHITECTURAL STANDARDS
8.1. Restrictions on Improvements. One of the purposes of this Declaration is to ensure that the
Property is kept architecturally attractive and substantially uniform in appearance. Therefore, except as set forth
in Section 8.6, the following restrictions and requirements shall apply to improvements to the Property:
8.1.1. Subject to applicable state and federal law and this Section 8, no modifications,
alterations, improvements, repairs or replacements of any type, temporary or permanent, structural,
aesthetic or otherwise (collectively referred to as “improvements”), including but not limited to, any
structure, building, addition, deck, patio, fence, wall, enclosure, window, exterior door, antenna or other
type of sending or receiving apparatus, sign, flag, display, decoration, color change, shrubbery, material
topographical or landscaping change, shall be made, or caused or allowed to be made, by any Owner or
Tenant, or their invitees, in any part of the Common Elements, or in any part of the Unit which affects
the Common Elements or another Unit, or which is visible from the exterior of the Unit, without the
prior written authorization of the Board, or an architectural committee appointed by it, and in
compliance with the requirements of this Section. Declarant’s written consent shall also be required for
improvements until such time as Declarant no longer owns any Unit for initial sale or has the right to
add Additional Real Estate to the Property.
8.1.2. The Board may appoint, supervise and disestablish an architectural committee, and
specifically delegate to it part or all of the functions which the Board exercises under this Section 8, in
which case the references to the Board shall refer to the architectural committee where appropriate. The
architectural committee shall be subject to the supervision of the Board.
8.1.3. The Board shall establish the criteria for approval of improvements, which shall
include and require, at a minimum:
8.1.3.1. substantial uniformity of color, location, type and design in relation to existing
Buildings and topography,
8.1.3.2. comparable or better quality of materials as used in any existing improvement
on the Property,
8.1.3.3. ease of maintenance and repair,
8.1.3.4. adequate protection of the Property, the Association, Owners and Tenants
from liability and liens arising out of the proposed improvements,
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8.1.3.5. substantial preservation of other Owners’ sight lines, if material, and
8.1.3.6. compliance with governmental laws, codes and regulations.
The Board, or the appointed architectural committee if so authorized by the Board, has the right
to establish such additional criteria, architectural or otherwise, as it deems appropriate, and
shall be the sole judge of whether such criteria are satisfied.
8.1.4. Approval of improvements which immaterially encroach upon another Unit or the
Common Elements shall create an appurtenant easement for such encroachment in favor of the Unit
with respect to which the improvements are approved, notwithstanding any contrary requirement in the
Governing Documents or the Act. A file of the Board resolutions approving or denying all applications
for improvements shall be maintained permanently as a part of the Association’s records.
8.1.5. Interior improvements to a Unit or its Limited Common Elements may be made
without approval by the Board, provided that such improvements are not for residential living purposes,
do not impair the structural or weather-tight integrity of the Common Elements, interfere with utilities
or Building operating systems or violate applicable governmental laws, codes or regulations. The Board
shall have the authority to approve and implement such reasonable Rules and Regulations as it deems
necessary from time to time for the purpose of restricting interior improvements to a Unit or its Limited
Common Elements which may impair the structural or weather-tight integrity of the Common Elements,
interfere with utilities or Building operating systems or violate applicable governmental laws, codes or
regulations. To the extent interior improvements to a Unit or its Limited Common Elements involve
electrical work, such electrical work must be performed by a licensed electrician.
8.2. Review Procedures. The following procedures shall govern requests for improvements under
this Section:
8.2.1. Detailed plans, specifications and related information regarding any proposed
improvement, in form and content acceptable to the Board, shall be submitted to the Board and to
Declarant (if applicable) at least sixty days prior to the projected commencement of construction. No
improvements shall be commenced prior to approval.
8.2.2. The Board and Declarant (if applicable) shall give the Owner written notice of
approval or disapproval. If the Board and Declarant (if applicable) fail to give notice of approval or
disapproval within sixty days after receipt of (i) said plans and specifications and (ii) all other
information requested by the Board and Declarant (if applicable), then approval shall be deemed to be
granted; provided, that the improvements are done in accordance with the plans, specifications and
related information which were submitted.
8.2.3. If no request for approval is submitted, approval shall be deemed to be denied.
8.3. Remedies for Violations. The Association may undertake any measures, legal, equitable or
administrative, to enforce compliance with this Section and shall be entitled to recover from the Owner causing
or permitting the violation all attorneys’ and other professional fees and costs of enforcement incurred by the
Association, regardless of the type of action taken (if any). Such attorneys’ fees and costs shall be a lien against
the Owner’s Unit and a personal obligation of the Owner. In addition, the Association shall have the right to
enter the Owner’s Unit and to restore any part of a Building or Unit to its prior condition if any improvements
were made in violation of this Section, and the cost of such restoration shall be a personal obligation of the
Owner and a lien against the Owner’s Unit.
8.4. Owner Responsibility/Indemnity. The Owner who causes an improvement to be made,
regardless of whether the improvement is approved by the Board, shall be responsible for the construction work
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and any claims, damages, losses or liabilities arising out of the improvements. The Owner shall hold harmless,
indemnify and defend the Association, and its officers, directors and committee members, from and against any
expenses, claims, damages, losses or other liabilities, including without limitation attorneys’ fees and costs of
litigation, arising out of (i) any improvement which violates any governmental laws, codes, ordinances or
regulations, (ii) the adequacy of the specifications or standards for construction of the improvements and (iii)
the construction of the improvements.
8.5. Exemptions. The requirements set forth in this Section 8 (except Section 8.5) shall not apply to
original construction by Declarant or its affiliates in connection with its completion and sale of the Units.
SECTION 9
MAINTENANCE AND REPAIR
9.1. Association Obligations. Subject to Section 9.2, the Association shall provide for all
maintenance, repair or replacement (collectively referred to as “maintenance”) of the Common Elements and
Limited Common Elements, including any improvement thereto, subject to the following qualifications or
additions:
9.1.1. The Association shall maintain garage doors, garage door hardware, openers, and
weather-stripping.
9.1.2. The cost of maintenance, repair or replacement of part or all of a Limited Common
Element shall be assessed against the Unit or Units to which the Limited Common Element is allocated
in accordance with Section 6.4.1.
9.1.3. The cost of maintenance, repair or replacement of a part of the Common Elements
which benefits only a certain Unit or Units, may be assessed against the Unit or Units benefited in
accordance with Section 6.4.2.
9.1.4. The Association may, with the approval of a majority of Owners who have authority
to cast in excess of fifty percent (50%) of the total votes in the Association in person or by proxy at a
meeting called for such purposes, undertake to maintain, repair or replace mechanical, structural or other
components within the Units.
9.1.5. The Association may undertake to maintain, repair or replace mechanical, structural
or other components within the Units and assess the costs against the Unit if the failure or impairment
of the component could result in damage to the Common Elements. or other Units, impair the function
of any common Building systems, or create a health or safety hazard.
9.1.6. The Association shall be responsible for incidental damage caused to a Unit or its
Limited Common Elements by work undertaken by the Association pursuant to this Section.
9.1.7. If damage is caused to the Common Elements, Limited Common Elements or other
Units by an Owner or Tenant, or their guests, or by any condition in the Unit or Limited Common
Elements which the Owner or Tenant has caused or allowed to exist, then the Association may repair
the damage or correct the condition and assess the cost thereof against the responsible Owner’s Unit.
9.2. Owner Obligations. Each Owner shall, at its expense, undertake the following obligations for
maintenance, repair and replacement:
9.2.1. To maintain, repair, and replace the Owner’s Unit. The Units shall be kept in good,
clean and sanitary condition and repair.
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9.2.2. To perform its maintenance obligations promptly and in such manner as not to damage
the Property, nor unreasonably disturb or cause a hazard to persons occupying or otherwise using the
Property. The Board may require that the Owners perform their maintenance obligations in accordance
with reasonable standards established by the Board and in a manner consistent with the Declarant’s
design plan for the common interest community.
9.2.3. To promptly pay or reimburse the Association for any costs incurred by the
Association for the repair of any damage to the Common Elements, Limited Common Elements or other
Units, caused by an Owner or Tenant, or their guest, or caused by any condition in the Unit or Limited
Common Elements which the Owner or Tenant has allowed to exist.
9.2.4. If an Owner fails or refuses to perform the Owner’s duty to maintain, repair or replace,
the Association shall have authority to undertake the necessary work and assess the Owner’s Unit for
the cost thereof; provided that reasonable notice and an opportunity to sure the violation shall first be
given to the Owner.
SECTION 10
INSURANCE
10.1. Association Insurance. The Association shall obtain and maintain the following insurance
relating to the Property:
10.1.1. The Association shall, at a minimum, maintain property insurance in broad form
covering all risks of physical loss in an amount equal to one hundred percent of the insurable
“replacement cost” of the Property, less deductibles; but excluding (i) land, footings, excavation and
other items normally excluded from coverage, and (ii) items such as ceilings or wall finishing materials,
floor coverings, plumbing, lighting and other interior fixtures, built-in equipment, business equipment,
or any other improvement or betterment installed within the Units. The policy or policies shall also
cover personal property owned by the Association. The policy or policies shall also contain “Inflation
Guard” and “Agreed Amount” endorsements, if reasonably available. The Association may enter into
an agreement with a Mortgagee or a guarantor, insurer or servicer of a mortgage, obligating the
Association to keep other coverages or endorsements in effect. The Association may also enter into
agreements among all Owners as to the allocation of insurance proceeds among their Units.
10.1.2. Commercial general liability insurance covering the use, operation and maintenance
of the Common Elements, with minimum limits of one million dollars per occurrence, against claims
for death, bodily injury and property damage, and such other risks as are customarily covered by such
policies for projects similar in construction, location and use to the Property. The policy shall contain a
“severability of interest” endorsement which shall preclude the insurer from denying the claim of an
Owner or Tenant because of negligent acts of the Association or other Owners or Tenants.
10.1.3. Such other types and amounts or insurance as may be determined by the Board to be
necessary or desirable, including but not limited to officers and directors’ liability insurance, workers’
compensation insurance, and insurance or fidelity bonds covering dishonest acts by those Persons
having control or custody of the Association’s funds.
10.2. Cancellation: Notice of Loss. All policies or property insurance and comprehensive liability
insurance maintained by the Association shall provide that the policies shall not be canceled or substantially
modified, for any reason, without at least thirty days’ prior written notice to the Association, the insureds and all
Mortgagees.
10.3. Conflicts with Act. In the event of a conflict between this Section 10 and the Act, this Section
10 shall control, it being the intention of Declarant that the Association and the Owners shall have authority and
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discretion to deal with the unique insurance needs associated with the uses of these nonresidential Units and the
requirements of Mortgagees.
10.4. Owners’ Insurance/Indemnity. Each Owner shall obtain and maintain the following insurance
and provide the described indemnities:
10.4.1. Property insurance insuring any insurable improvement within the Owner’s Unit for
the full insurable replacement value of such improvement.
10.4.2. Commercial general liability insurance covering the Owner’s Unit, and the activities
of the Owner, and its officers, directors, employees and agents in connection with the Owner’s
occupancy, operation, management and use of the Unit, including any additional coverages customarily
carried for unique or hazardous activities arising out of a business or activities conducted on the Unit.
Said liability insurance shall be in the minimum amounts of (i) $1,000,000 for an accident affecting
more than one person in or resulting from one occurrence and (ii) $1,000,000 property damage for each
occurrence. Each Owner shall, upon request of the Association or any other Owner, furnish a certificate
or certificates of such insurance.
10.4.3. Each Owner shall hold harmless, indemnify and defend the Declarant, other Owners
and the Association, and their respective officers, directors and employees, from and against all claims,
actions, damages and other liabilities, including attorneys’ fees and costs, arising out of incidents
occurring within such Owner’s Unit or arising out of the conduct of the Owner or Tenants of the Unit
or their employees, agents, contractors and guests, unless caused by the intentional or negligent act or
omission of the party to be indemnified.
10.4.4. The Owner’s insurance shall be primary as against the Association’s insurance for
damages to any interior improvement to the Units, and there shall be no right of contribution against the
Association’s insurance, with respect to damage or activities within the Owner’s Unit.
SECTION 11
RECONSTRUCTION, EMINENT DOMAIN AND TERMINATION
11.1. Reconstruction. The obligations and procedures for the repair, reconstruction or disposition of
the Property following damage or destruction thereof shall be governed by the Act. Any repair or reconstruction
shall be commenced as soon as practicable after the casualty and shall be substantially in accordance with the
plans, specifications and design of the Property as initially constructed and subsequently improved.
11.2. Eminent Domain. In the event of a taking of any part of the Property by condemnation or
eminent domain, the provisions of the Act shall govern; provided, (i) that notice shall be given as provided in
Section 11.4 and 16.4; (ii) that the Association shall be the attorney-in-fact to represent the Owners in any related
proceedings, negotiations, settlements or agreements; and (iii) that any awards or proceeds shall be payable to
the Association for the benefit of the Owners and the Mortgagees of their Units, as their interests may appear.
11.3. Termination and Liquidation. The termination of the common interest community, and the
distribution of any proceeds therefrom, shall be governed by the Act, except that any distributions shall be
allocated based upon the value of the Units as unanimously agreed upon by the Owners, or by appraisers agreed
upon in writing by a majority of the Owners and Mortgagees, and shall be made to Owners and their Mortgagees
as their interests may appear.
11.4. Notice. The Association shall give written notice of any condemnation proceedings or
substantial destruction of the Property to the Mortgagees within ten business days after the casualty or first legal
notice of condemnation.
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11.5. Association’s Authority. In all cases involving reconstruction, condemnation, eminent domain,
termination or liquidation of the common interest community, the Association may (i) act on behalf of the
Owners in all proceedings, negotiations and settlement of claims, or (ii) delegate the authority to act to an Owner
or Owners of the affected Units if the casualty affects fewer than all Units. If such authority is retained and
exercised by the Association, then all proceeds shall be payable to the Association to hold and distribute for the
benefit of the Owners and their Mortgagees. Mortgagees are entitled to priority for awards and distributions in
accordance with the priorities established by the Act and their mortgage loan documents, as their interests may
appear.
SECTION 12
EASEMENTS
The following appurtenant easements and rights are hereby granted, conveyed, dedicated and reserved
on, over, under and across the Property, as applicable.
12.1. Access. Each Unit shall be the beneficiary of a nonexclusive easement for access to and from
public roadways and walkways on and across those portions of the Common Elements designated for use as
roadways, driveways or walkways, as originally constructed, shown on the Plat or otherwise designated by the
Association, subject to any restrictions authorized by (i) the Governing Documents or the Rules and Regulations,
or (ii) any governmental authority.
12.2. Use and Enjoyment. Each Unit shall be the beneficiary of nonexclusive easements for use and
enjoyment on and across the Common Elements and any Limited Common Element allocated to the respective
Units, subject to any restrictions authorized or imposed by the Governing Documents.
12.3. Structural Support. Each Unit and the Common Elements shall be subject to and the beneficiary
of nonexclusive easements for structural support in all walls, columns, joists, girders and other structural
components located in or passing through another Unit or other parts of the Building or shared with an adjoining
Unit or the Common Elements.
12.4. Encroachments. Each Unit and the Common Elements, and the rights of the Owners and
Tenants therein, shall be subject to a nonexclusive easement in favor of the adjoining Units for encroachments
caused by the construction, reconstruction, repair, shifting, settlement or movement of any part of the Property,
and for any improvement which is added in compliance with Section 8. If there is an encroachment upon another
Unit or the Common Elements, as a result of any of the aforementioned causes, an easement shall exist for the
encroachment, for the use, enjoyment and habitation of any encroaching Unit or improvement, and for the
maintenance thereof. Any improvement added pursuant to Section 8 shall be limited to minor encroachments,
and no easement shall exist unless the proposed improvement has been approved and constructed as required by
this Declaration. Such easements shall continue for as long as the encroachment exists and shall not affect the
marketability of title.
12.5. Maintenance, Repair, Replacement and Reconstruction. Each Unit, and the rights of the Owners
and Tenants thereof, and the Common Elements and Limited Common Elements, shall be subject and benefited
by a nonexclusive easement in favor of the Association for the maintenance, repair, replacement and
reconstruction of the Common Elements, Units and any improvements related thereto, and utilities serving the
Units, to the extent necessary to fulfill the Association’s obligations under the Governing Documents. Each
Owner shall afford to the Association and its management agents and employees, access at reasonable times and
upon reasonable notice, to and through the Unit and its Limited Common Elements for maintenance, repair and
replacement; provided that access may be had without notice and at any time in case of emergency.
12.6. Utilities and Services. The Common Elements and the Units shall be subject to and benefited
by non-exclusive easements in favor of the Association, the City and all utility companies and other service
providers for the installation, use, maintenance, repair and replacement of all utilities, services and common
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operating systems, such as natural gas, electricity, cable television and other electronic communications, water,
sewer, septic systems, wells, and similar services, fire control systems and other common operating systems, and
metering and control devices, which exist, which are constructed as part of the development of the Property
which are approved by the City, which are approved by the Association under authority contained in the
Governing Documents or the Act, or which are described or referred to in the Plat, this Declaration or other
recorded instruments. Each Unit, and the rights of the Owners and Tenants thereof, shall also be subject to and
benefited by a non-exclusive, easement in favor of the other Units, the Common Elements and the Association
for all such utilities, services, fire control systems and other common operating systems. Utilities and related
services or systems shall be installed, used, maintained and repaired so as not to interfere with the use and quiet
enjoyment of the Units by the Owners and Tenants, nor affect the structural or architectural integrity of the
Buildings, Units or any Common Element improvement. Any individual unit that is connected to the city sewer
and water system shall have individual meters.
12.7. Emergency Access to Units. In case of emergency, all Units and Limited Common Elements
are subject to an easement, without notice and at any time, in favor of the Association for access by the
Association’s management agents, and in favor of fire, police or other public safety personnel.
12.8. Project Signs. Declarant and the Association shall have a non-exclusive easement and right to
erect and maintain temporary and permanent signs and related monuments identifying the common interest
community on the Common Elements and on Units owned by the Declarant. Those parts of the Property on
which monument signs or any related decorative improvement is located shall be subject to non-exclusive
easements in favor of the Association for the continuing use, maintenance, repair and replacement of said signs
and any improvements.
12.9. Declarant’s Easements. The Units and Common Elements are subject to exclusive easements
in favor of the Declarant for the exercise of its declarant rights as described in the Governing Documents.
12.10. Other Easements. The Property shall be subject to such other easements as may be recorded
against the Property by reason of the City’s requirements in connection with the development of the Property.
12.11. Continuation, Scope and Conflict of Easements. The easements set forth in this Section (i) shall
run with the land and shall be appurtenant to the benefited Property; (ii) shall supplement and not limit any
easements described elsewhere in this Declaration, or otherwise recorded; (iii) shall be permanent, subject only
to termination in accordance with the terms of the easement; and (iv) shall include reasonable access to the
easement areas over and through the Property for purposes of construction, maintenance, repair, replacement
and reconstruction.
12.12. Non-Interference: Impairment Prohibited. All Persons exercising easement rights shall do so in
a reasonable manner so as not to materially interfere with the operation of the Property or damage to the Property
and shall be financially liable for all costs of repair of any part of the Property which is damaged by the Person’s
exercise of the easement rights. No Person shall impair, obstruct or cause damage to any easement area, or any
improvement or equipment installed therein. Notwithstanding anything in this Declaration to the contrary, no
Owner or Tenant shall be denied reasonable access to his or her Unit or the right to Utility services thereto.
12.13. Benefit of Easements. All easements benefiting a Unit shall benefit the Owners and Tenants of
the Unit, and their guests. However, an Owner who has delegated the right to occupy the Unit to an Tenant or
Tenants, whether by a lease or otherwise, does not have the use and other easements rights in the Property during
such delegated occupancy, except (i) as a guest of an Owner or Tenant or (ii) in connection with the inspection
of the Unit or recovery of possession of the Unit pursuant to law.
SECTION 13
COMPLIANCE AND REMEDIES
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Each Owner and Tenant, and any other Person owning or acquiring any interest in the Property, shall
be governed by and comply with the provisions of the Act, the Governing Documents, the Rules and Regulations,
and such amendments thereto as may be made from time to time, and the decisions of the Association. A failure
to comply shall entitle the Association to the relief set forth in this Section, in addition to the rights and remedies
authorized elsewhere by the Governing Documents or the Act.
13.1. Entitlement to Relief. Legal relief may be sought by the Association, at its discretion, against
any Owner, or by an Owner against the Association or another Owner, to enforce compliance with the Governing
Documents, the Rules and Regulations, the Act or the decisions of the Association. However, no Owner may
withhold any Assessments payable to the Association or take or omit other action in violation of the Governing
Documents, the Rules and Regulations or the Act, as a measure to enforce such Owner’s position, or for any
other reason.
13.2. Remedies. In addition to any other remedies or sanctions, expressed or implied, administrative
or legal, the Association shall have the right (or the obligation if so indicated) to implement any one or more of
the following actions against Owners and Tenants and/or their guests, who violate the provisions of the
Governing Documents, the Rules and Regulations or the Act:
13.2.1. Commence legal action for damages or equitable relief in any court of competent
jurisdiction.
13.2.2. Impose late charges, in an amount determined by the Board in its reasonable discretion,
for each Assessment or installment thereof past due more than thirty days and impose interest at the
highest rate permitted by law accruing beginning on the first day of the month after the Assessment or
installment was due.
13.2.3. In the event of default of more than thirty days in the payment of any Assessment or
installment thereof, all remaining installments of Assessments levied against the Unit owned by the
defaulting Owner, together with any late payment charges, interest, attorneys’ and other professional
fees and costs of collection, may be accelerated by the Board and shall then be payable in full if not paid
within ten days after receipt of notice from the Association.
13.2.4. Impose reasonable fines, penalties or charges for each violation of the Act, the
Governing Documents or the Rules and Regulations.
13.2.5. Restore any portions of any Common Elements, Unit or Limited Common Elements
damaged or altered, or allowed to be damaged or altered, by any Owner or Tenant or their guests in
violation of the Governing Documents, and to assess the cost of such restoration against the responsible
Owners and their Units.
13.2.6. Enter any Unit or Limited Common Element in which a violation or breach of the
Governing Documents or the Rules and Regulations exists which materially affects, or is likely to
materially affect in the near future, the health or safety of the other Owners or Tenants, or their guests,
or the safety or soundness of any other part of the Property or the property of the Owners or Tenants,
and to summarily abate and remove, at the expense of the offending Owner or Tenant, any structure,
thing or condition in the Unit or Limited Common Elements which is causing the violation; provided,
that any improvement which is a part of a Unit may be altered or removed only pursuant to a court order
or with the agreement of the Owner.
13.2.7. Foreclose any lien arising under the provisions of the Governing Documents or under
law, in the manner provided by the Act and Section 6.
13.3. Rights to Hearing. Before the imposition of any of the remedies authorized by Section 13.2.4,
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13.2.5 or 13.2.6, the Board shall, upon written request of the offender, grant to the offender an opportunity for a
fair and equitable hearing as contemplated by the Governing Documents and the Act. The offender shall be given
notice of the nature of the violation and the right to a hearing, and at least ten days within which to request a
hearing. The hearing shall be scheduled by the Board and held within thirty days of receipt of the hearing request
by the Board, and with at least ten days prior written notice to the offender. If the offender fails to timely request
a hearing or to appear at the hearing, then the right to a hearing shall be waived and the Board may take such
action as it deems appropriate. The decision of the Board and the rules for the conduct of hearings established
by the Board shall be final and binding on all parties. The Board’s decision shall be delivered in writing to the
offender within ten days following the hearing, if not delivered to the offender at the hearing. If the Board
delegates the hearing duties described in this Section to a committee, then references in this Section to the
Board’s hearing duties shall refer to the committee.
13.4. Lien for Charges, Penalties, Etc. Any charges, fines, expenses, penalties, interest or other
impositions under this Section shall be a lien against the Unit of the Owner or Tenant against whom the same
are imposed and the personal obligation of such Owner in the same manner and with the same priority and effect
as Assessments under Section 6. The lien shall attach as of the date of imposition of the remedy but shall not be
final as to violations for which a hearing is held until the Board makes a written decision at or following the
hearing. All remedies shall be cumulative, and the exercise of, or failure to exercise, any remedy shall not be
deemed a waiver of the Association’s right to pursue any others.
13.5. Costs of Proceeding and Attorneys’ Fees. With respect to any collection measures, or any
measures or action, legal, administrative, or otherwise, which the Association takes pursuant to the provisions
of the Act, Governing Documents or Rules and Regulations, whether or not finally determined by a court or
arbitrator, the Association may assess the Unit owned by the violator with any expenses incurred in connection
with such enforcement, including, without limitation, fines or charges previously imposed by the Association, -
reasonable attorneys’ fees and other professional fees, and interest (at the highest rate allowed by law) on the
delinquent amounts owed to the Association. Such expenses shall also include any collection or contingency
fees or costs charged to the Association by a collection agency or other Person acting on behalf of the Association
in collecting any delinquent amounts owed to the Association by an Owner or Tenant. Such collection or
contingency fees or costs shall be the personal obligation of the Owner of the Unit and shall be a lien against
such Owner’s Unit.
13.6. Liability for Acts of Owners and Tenants. An Owner shall be liable for the expense of any
maintenance, repair or replacement of the Property rendered necessary by such Owner’s acts or omissions, or by
that of Tenants or guests in the Owner’s Unit, to the extent that such expense is not covered by the proceeds of
insurance carried by the Association or such Owner or Tenant. However, any insurance deductible amount and/or
increase in insurance rates of the Association resulting from the Owner’s acts or omissions may be assessed
against the Owner responsible for the condition and against his or her Unit.
13.7. Enforcement by Owners. The provisions of this Section shall not limit or impair the
independent rights of Owners to enforce the provisions of the Governing Documents, the Rules and Regulations,
and the Act as provided therein.
13.8. Pre-litigation Requirement. Any litigation, administrative proceeding or other legal action
instituted or intervened in by or in the name of the Association, exclusive of any action (i) to collect Assessments
or foreclose Assessment liens, or (ii) to enforce the Governing Documents or the Rules and Regulations, is
subject to prior approval by the Owners of Units to which are allocated a majority [in excess of fifty percent
(50%)] of the total votes in the Association. Any litigation, administrative proceeding or other legal action
instituted or intervened in by or in the name of the Association involving a construction defect claim as defined
by Section 515B.1-1 03(11a) of the Act requires compliance with Sections 515B.3- 102(d) and (e), and 515B.4-
116(c) of the Act prior to commencement.
SECTION 14
72
25
DECLARANT RIGHTS
Declarant hereby reserves exclusive and unconditional authority to exercise the following declarant
rights within the meaning of Section 515B.1-103(33b) of the Act, and other rights described in this Section, for
as long as it owns a Unit, or for such shorter period as may be specifically indicated:
14.1. Complete Improvements. To complete all the Buildings, Units and any other improvement
indicated on the Plat, or otherwise included in Declarant’s development plans, or authorized by the City or the
Declaration, and to make improvements in the Units owned by the Declarant and Common Elements to
accommodate the exercise of any declarant rights.
14.2. Relocate Boundaries, Subdivide, Combine, Convert and Alter Units. To relocate boundaries
between Units, subdivide, combine and convert Units and to otherwise alter Units owned by it, to the extent
permitted by the Act in and accordance with Section 14.8.
14.3. Marketing Facilities. To construct, operate and maintain a sales office, management office,
models, and other development, sales and rental facilities within the Common Elements, and within any Units
owned or leased by Declarant from time to time located anywhere on the Property or on the Additional Real
Estate.
14.4. Signs. To erect and maintain signs and other sales displays offering the Units for sale or lease,
in or on any Unit owned by Declarant and on the Common Elements or on the Additional Real Estate.
14.5. Easements. To have and use easements, for itself, its employees, contractors, representatives,
agents, prospective purchasers or other invitees through and over the Common Elements and Limited Common
Elements for the purpose of exercising its declarant rights.
14.6. Control of Association. To control the operation and administration of the Association,
including without limitation the power to appoint and remove the members of the board pursuant to Section
515B.3-103 of the Act, until the earliest of: (i) voluntary surrender of control by Declarant, (ii) conveyance to
Owners other than Declarant of seventy-five percent of the total number of Units authorized to be included in
the Property or (iii) the date three years following the date of the first conveyance of a Unit to an Owner other
than Declarant. Notwithstanding the foregoing, the Owners other than Declarant shall have the right to nominate
and elect not less than thirty-three and one-third percent of the directors at a meeting of the Owners which shall
be held within sixty days following the conveyance by Declarant of fifty percent of the total number of Units
authorized to be included in the Property.
14.7. Consent to Certain Amendments. Declarant’s written consent shall be required for any
amendment to the Governing Documents or Rules and Regulations so long as Declarant owns any Unit for initial
sale or has the right to add Additional Real Estate to the Property.
14.8. Relocation of Boundaries or Subdivision, Conversion or Combination of Units. Declarant shall
have the following rights and authority pursuant to Section 515B.2-112 of the Act with respect to Units owned
by it: (i) to relocate the boundaries of any Units and (ii) to combine Units. Other Owners shall have the right to
create additional Units by the subdivision of any Unit owned by them in accordance with Section 515B.2-112
of the Act.
14.9. Additional Real Estate. Declarant hereby expressly reserves the right to add the Additional Real
Estate to the Property, by unilaterally executing and recording a supplemental declaration pursuant to Section
515B.2-111 of the Act, subject to the following conditions:
14.9.1 The right of Declarant to add the Additional Real Estate to the common interest community shall
terminate ten (10) years after the date of recording of this Declaration or upon earlier express
73
26
written withdrawal of such right by Declarant or a successor Declarant, unless extended by a vote
of the Owners pursuant to Section 515B.2-106(2) of the Act. There are no other limitations on
Declarant's rights hereunder, except as may be imposed by law.
14.9.2 The Additional Real Estate is described in Exhibit C attached hereto. The Additional Real Estate
may be added to the Property in parcels consisting of one or platted or un-platted parcels, or
portions thereof, and in any sequence.
14.9.3 Declarant has no obligation to add the Additional Real Estate to the Property. If Declarant decides
to add the Additional Real Estate to the Property, there are no assurances as to the times at which
any part of the Additional Real Estate will be added, the order in which it will be added, the
number of Units per phase nor the size of the Units. The Additional Real Estate may be developed
by Declarant or its successors in interest for any purpose, subject only to approval by the
appropriate governmental authorities. The maximum number of Units that may be created within
the Additional Real Estate described as such on the date of this Declaration is approximately 9
Units. All Units created on the Additional Real Estate shall be restricted exclusively to non-
residential use.
14.9.4 The Units, Buildings and any other improvement created upon the Additional Real Estate will be
compatible with the Units, Buildings and any other improvement which is initially a part of the
Property, in terms of general architectural style, quality of construction, principal materials
employed in construction, subject to market conditions and governmental and lender
requirements.
14.9.5 All covenants and restrictions contained in this Declaration affecting the use, occupancy and
alienation of Units shall apply to all Units created on the Additional Real Estate.
The statements made in this Section 14.9 shall not apply to any Additional Real Estate which is not added to the
Property.
14.10. Other Rights. To have and exercise such other rights as are afforded Declarant under the terms
of this Declaration or identified, now or in the future, as special declarant rights in Section 515B.1-103 of the
Act.
SECTION 15
AMENDMENTS
15.1. Approval Requirements. Except as otherwise provided herein, this Declaration may be
amended only by the approval of:
15.1.1. The Board.
15.1.2. Owners of Units to which are allocated at least sixty-seven percent of the total votes
in the Association.
15.1.3. Declarant pursuant to Section 14.7.
15.2. Procedures. Approval of the Owners may be obtained in writing or at a meeting of the
Association duly held in accordance with the Bylaws. Consent of the Declarant shall be in writing. Any
amendment shall be subject to any greater requirements imposed by the Act. The amendment shall be effective
when recorded as provided in the Act. An affidavit by the Secretary or President of the Association as to the
outcome of the vote, or the execution of the foregoing agreements or consents, shall be adequate evidence thereof
for all purposes, including without limitation, the recording of the amendment.
74
27
SECTION 16
MISCELLANEOUS
16.1. Severability. If any term, covenant, or provision of this instrument or any exhibit attached
hereto is held to be invalid or unenforceable for any reason whatsoever, such determination shall not be deemed
to alter, affect or impair in any manner whatsoever any other portion of this Declaration or exhibits attached
hereto.
16.2. Construction. Where applicable, the masculine gender of any word used herein shall mean the
feminine or neutral gender, or vice versa, and the singular of any word used herein shall mean the plural, or vice
versa. References to the Act, or any section thereof, shall be deemed to include any statutes amending or
replacing the Act, and the comparable sections thereof. Any amendment to the Act shall retroactively apply to
the Association and the Property, except as expressly prohibited or qualified by the Governing Documents.
16.3. Tender of Claims. In the event that any incident occurs which could reasonably give rise to a
demand by the Association against Declarant for indemnification pursuant to the Act, the Association shall
promptly tender the defense of the action to its insurance carrier, and give Declarant (i) written notice of such
tender, (ii) written notice of the specific nature of the action, and (iii) an opportunity to defend against the action.
16.4. Notices. Unless specifically provided otherwise in the Governing Documents or the Act, all
notices required to be given by or to the Association, the Board, the Association officers, or the Owners or
Occupants shall be (i) in writing and shall be effective upon hand delivery, or mailing if properly addressed with
postage prepaid and deposited in the United States mail, or (ii) by electronic means and shall be effective when
sent, as and if authorized by the Bylaws and Minnesota Statutes Chapter 317A; except that registrations pursuant
to Section 2.2 of the Bylaws shall be effective upon receipt by the Association.
16.5. Conflicts Among Documents. In the event of any conflict among the provisions of the Act, the
Declaration, the Bylaws and any Rules or Regulations, the Act shall control unless it permits one or more of the
Governing Documents to control. As among the Declaration, the Bylaws and any Rules and Regulations, the
Declaration shall control, and as between the Bylaws and any Rules and Regulations, the Bylaws shall control.
16.6. Duration of Covenants. The covenants, conditions, restrictions, easements, liens and charges
contained in this Declaration shall be perpetual, subject only to termination as provided in this Declaration and
the Act.
75
28
IN WITNESS WHEREOF, the undersigned has executed this instrument the day and year first set forth in
accordance with the requirements of the Act.
Orono Garage Condos, LLC
a Minnesota limited liability company
By:
Name:
Title:
This Instrument Was Drafted By:
Chanin Law Firm, P.A.
18171 82nd Place North
Maple Grove, Minnesota 55311
(612) 963 7707
ed@chaninlaw.com
76
29
EXHIBIT A TO DECLARATION
COMMON INTEREST COMMUNITY NO. _______
ORONO GARAGE CONDOMINIUMS
SCHEDULE OF UNITS AND PERCENTAGE INTERESTS IN VOTING RIGHTS, COMMON EXPENSE
OBLIGATIONS AND UNDIVIDED INTERESTS IN COMMON ELEMENTS:
Unit Number
Approximate Square Footage
(exclusive of optional mezzanine
level)
Percentage Interest in Voting Rights,
Common Expense Liability and
Undivided Interest in Common
Elements
%
%
%
%
%
%
%
%
%
%
TOTAL 100.0%
77
30
EXHIBIT B TO DECLARATION
COMMON INTEREST COMMUNITY NO. ________
ORONO GARAGE CONDOMINIUMS
UNDERLYING LEGAL DESCRIPTION OF PROPERTY
__, HENNEPIN COUNTY, MINNESOTA.
78
31
EXHIBIT C TO DECLARATION
COMMON INTEREST COMMUNITY NO. ________
ORONO GARAGE CONDOMINIUMS
LEGAL DESCRIPTION OF ADDDITIONAL REAL ESTATE
Lots 1 through 12 inclusive, Block 1, Orono Industrial Park including Adjacent Vacant Road; Also the East
460.5 feet of the West 94 Rods of the South Half of the Northeast Quarter of Section 33, Township 118, Range
23
PID No. 3311823130015
(Confirm Legal)
79
80
An Equal Opportunity Employer
Metropolitan Council Environmental Services
390 Robert Street North, Saint Paul, MN 55101-1805
P 651.602.1770 | F 651.602.1030 | TTY 651.291.0904
www.metrocouncil.org/SACprogram
Greetings!
Please see the determination below.
Project Name: Orono Garage Condo
Project Address: 430 Old Crystal Bay Road
Suite #/Campus: Building 1
City Name: Orono
Applicant: Ross Hedlund, Tradition Commercial Real Estate; Rob Page, Level 10; David Ramsey, Orono Garage Condos
Special Notes: None
Charge Calculation:
Private Vehicle Storage & Maintenance Bays: 9312 sq. ft. @ 7000 sq. ft. / SAC = 1.33
Total Charge: 1.33
Credit Calculation:
None
Total Credit: 0.00
Net SAC: 1.33 = 1 SAC Due
The business information was provided to MCES by the applicant at this time. It is the City’s responsibility to substantiate the
business use and size at the time of the final inspection. If there is a change in use or size, a redetermination will need to be
made. If you have any questions, email me at: sara.running@metc.state.mn.us.
Thank you,
Sara Running
SAC Program Technician
Letter Reference: 250205C3 Address ID: 776573 Payment ID: 486537
Date of Determination: 02/05/25 Determination Expiration: 02/05/27
81
OLD CRYSTAL BAY ROADMNDOT RIGHT OF WAY PLAT NO 27-129SFORONO INDUSTRIAL BOULEVARD
ST ST
ST
S S S S S S
WFWFWFWFWFWFWFWSSSSSSSEX. BOUNDARY (TYP)
EX. WATER (TYP)
EX. STORM SEWER (TYP)
8" GATE VALVE
N: 171,394.94
E: 445,856.86
8" TEE W/ TB
N: 171,395.01
E: 445,842.14
8" TEE W/ TB
N: 171,395.69
E: 445,700.14
8" GATE VALVE
N: 171,395.87
E: 445,663.988" 90° BEND W/ TB
& 6" REDUCER
N: 171,396.61
E: 445,509.15
CONNECT TO EX. WATER
N: 171,400.01
E: 445,842.17
CONNECT TO EX. WATER
N: 171,400.69
E: 445,700.16
5.0 LF~8" C900 PRIVATE WATER MAIN
14.7 LF~8" C900 PRIVATE WATER MAIN
122.0 LF~8" C900 PRIVATE WATER MAIN
100.0 LF~8" C900 PRIVATE WATER MAIN
5.0 LF~8" C900 PRIVATE WATER MAIN
EX. SSMH-1
4' SSMH
N: 171,410.28
E: 445,777.76
BUILDING 1
BUILDING 2
BUILDING 3 BUILDING 4 BUILDING 5
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45 46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65 66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
8" X 6" TEE W/ TB
N: 171,396.13
E: 445,609.14
8" X 6" TEE W/ TB
N: 171,396.03
E: 445,629.14
8" X 6" TEE W/ TB
N: 171,395.45
E: 445,751.14 8" X 6" TEE W/ TB
N: 171,395.35
E: 445,771.14 8" X 6" TEE W/ TB
N: 171,394.77
E: 445,893.14
8" X 6" TEE W/ TB
N: 171,394.67
E: 445,913.14
8" 90° BEND W/ TB
& 6" REDUCER
N: 171,394.08
E: 446,035.14
20.0 LF~8" C900 PRIVATE WATER MAIN
36.2 LF~8" C900 PRIVATE WATER MAIN
20.0 LF~8" C900 PRIVATE WATER MAIN
34.8 LF~8" C900 PRIVATE WATER MAIN
51.0 LF~8" C900 PRIVATE WATER MAIN
20.0 LF~8" C900 PRIVATE WATER MAIN
71.0 LF~8" C900 PRIVATE WATER MAIN
36.3 LF~8" C900 PRIVATE WATER MAIN
METER PIT
N: 171,390.19
E: 445,514.15
METER PIT
N: 171,388.10
E: 445,604.13 METER PIT
N: 171,389.61
E: 445,634.10
METER PIT
N: 171,389.08
E: 445,746.14
METER PIT
N: 171,388.93
E: 445,776.14
METER PIT
N: 171,388.40
E: 445,888.14
METER PIT
N: 171,388.25
E: 445,918.14
METER PIT
N: 171,387.71
E: 446,030.14
TYPICAL 6" FIRE SERVICE
TYPICAL WATER SERVICE
14.0 LF WATER
SERVICE
14.0 LF 6" FIRE
SERVICE W/
GATE VALVE
8" PRIVATE SANITARY MAIN
6" SANITARY SERVICE (TYP)
8" PRIVATE
SANITARY MAIN
6" SANITARY SERVICE (TYP)
I HEREBY CERTIFY THAT THIS PLAN WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION, AND THAT I AM
A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA.
SIGNATURE: __________________________________________TYPED OR PRINTED NAME: MATTHEW R. HAGSTROM
DATE: 09/18/2024 LICENSE NUMBER: 50731 Designed By:Date:
Job No.:
FOR AND ON BEHALF OF
HAGSTROM ENGINEERING PLLC
Checked By:811
CALL 2 BUSINESS DAYS IN ADVANCE BEFORE
YOU DIG, GRADE OR EXCAVATE FOR THE
MARKING OF UNDERGROUND MEMBER
UTILITIES.
CALL GOPHER STATE ONE CALL
BENCHMARK:ByDateDescription of RevisionsNo.Sheet of
D
C
B
A
54321
219 6TH AVENUE EAST
ALEXANDRIA, MN 56308
P.320.759.0764
WWW.HAGSTROMENG.COM
HAGSTROM
ENGINEERING
CIVIL ENGINEERS | LAND CONSULTANTS
CAUTION: IF THIS SHEET IS NOT 24"X36" IT IS A REDUCED PRIN
C5.0C3.1
NOT FOR CONSTRUCTIONC3.1ORONO GARAGE CONDOSSITE PLANPROPOSED UTILITY PLAN09/18/2024
24015 LEHMRH0
SCALE: 1" =
ORIGINAL GRAPHIC SCALE
15 30 60
30'
LEGEND
EXISTING STORM SEWER,
MANHOLE, F.E.S. AND INLET
PROPOSED STORM SEWER,
MANHOLE, F.E.S. AND INLET
EXISTING ROW
PROPOSED ROW
EXISTING LOT LINE
PROPOSED LOT LINE
PROPERTY BOUNDARY
PROPERTY SETBACK
EXISTING EASEMENT
PROPOSED EASEMENT
PROPOSED SANITARY SEWER W/ MH
EXISTING SANITARY SEWER W/ MH
PROPOSED UNDERDRAIN AND CLEANOUT
PROPOSED WATER LINE, VALVE AND
FIRE HYDRANT
EXISTING WATER LINE AND VALVE
PROPOSED WATER SERVICE W/ METER
PROPOSED SANITARY SERVICE
EXISTING GAS LINE
EXISTING OVERHEAD ELECTRIC
EXISTING ELECTRIC
EXISTING CABLE TV
EXISTING FIBER OPTIC
EXISTING TELEPHONE
EXISTING IRRIGATION
CAUTION! UTILITY CROSSING
LOWERING MAY BE REQUIRED
EXISTING LIGHT POLE
PROPOSED LIGHT POLEWSS
NOTES:
1.CONTRACTOR SHALL FIELD VERIFY SIZE AND LOCATION OF ALL EXISTING UTILITIES
PRIOR TO CONSTRUCTION AND NOTIFY THE ENGINEER WITH ANY DISCREPANCIES.
2.CONTRACTOR IS RESPONSIBLE FOR PROVIDING ALL NECESSARY CONSTRUCTION
STAKING.
3.INSTALL PERIMETER BMP'S PRIOR TO ANY CONSTRUCTION, SEE SHEET C5.0.
4.ALL TREES AND TREE ROOT ZONES OUTSIDE OF THE LIMITS OF CONSTRUCTION
SHALL NOT BE DISTURBED.
5.ALL SANITARY SEWER SERVICES ARE 6" DIAMETER WITH 1% SLOPE AND A
STANDARD 1.2' WYE CONNECTION TO THE 8" PRIVATE MAIN UNLESS OTHERWISE
NOTED.
6.ALL PRIVATE WATER MAINS ARE 8" DIAMETER, MAINTAIN POSITIVE GRADE, 8' MIN.
COVER.
7.ALL WATER MAINS AND SERVICES SHALL MEET AWWA C900 QUALITY STANDARD.
8.AN ACCESSIBLE BLUE 14 AWG MINIMUM TRACER WIRE SUITABLE FOR DIRECT BURY
MUST BE USED
9.SEE SHEET C5.0 - C5.2 FOR CONSTRUCTION DETAILS.P:\24015_Orono Car Condo's\CAD\CD's\24015_C3.1-Proposed Utility Plan.dwg, 1/21/2025 4:13:17 PM, 1:1, LEH82
SD001
2______________
SD001
5______________
SD001
3______________
1.1 1.2
1.A
1.B
1.C
1.D
1.E
1.F
1.G
1.H
1.I
1.J
1.K
1.L
1.M240'-0"20'-0"20'-0"20'-0"20'-0"20'-0"20'-0"20'-0"20'-0"20'-0"20'-0"20'-0"20'-0"40'-0"
UNIT 1
101
UNIT 2
102
UNIT 3
103
UNIT 4
104
UNIT 10
110
UNIT 11
111
UNIT 12
112
UNIT 9
109
UNIT 5
105
UNIT 6
106
UNIT 7
107
UNIT 8
108
T/ CONC
EL 99'-4"
T/ CONC
EL 100'-0"
SD001
4______________
UP
13'-9 1/2"
UP
UP
UP
UP
UP
UP
UP
UP
UP
UP
UP
UTILITY
90 10'-0"9'-3"10'-0"10'-0"10'-0"9'-3"10'-0"10'-0"10'-0"10'-0"10'-0"4'-4 1/2"3'-6"1/8" = 1'-0"SD001
BUILDING 1 FLOOR PLAN1
83
An Equal Opportunity Employer
Metropolitan Council Environmental Services
390 Robert Street North, Saint Paul, MN 55101-1805
P 651.602.1770 | F 651.602.1030 | TTY 651.291.0904
www.metrocouncil.org/SACprogram
Greetings!
Please see the determination below.
Project Name: Orono Garage Condo
Project Address: 430 Old Crystal Bay Road
Suite #/Campus: Building 2
City Name: Orono
Applicant: Ross Hedlund, Tradition Commercial Real Estate; Rob Page, Level 10; David Ramsey, Orono Garage Condos
Special Notes: None
Charge Calculation:
Private Vehicle Storage & Maintenance Bays: 23,825 sq. ft. @ 7000 sq. ft. / SAC = 3.40
Total Charge: 3.40
Credit Calculation:
None
Total Credit: 0.00
Net SAC: 3.40 = 3 SAC Due
The business information was provided to MCES by the applicant at this time. It is the City’s responsibility to substantiate the
business use and size at the time of the final inspection. If there is a change in use or size, a redetermination will need to be
made. If you have any questions, email me at: sara.running@metc.state.mn.us.
Thank you,
Sara Running
SAC Program Technician
Letter Reference: 250205C4 Address ID: 776573 Payment ID: 486538
Date of Determination: 02/05/25 Determination Expiration: 02/05/27
84
OLD CRYSTAL BAY ROADMNDOT RIGHT OF WAY PLAT NO 27-129SFORONO INDUSTRIAL BOULEVARD
ST ST
ST
S S S S S S
WFWFWFWFWFWFWFWSSSSSSSEX. BOUNDARY (TYP)
EX. WATER (TYP)
EX. STORM SEWER (TYP)
8" GATE VALVE
N: 171,394.94
E: 445,856.86
8" TEE W/ TB
N: 171,395.01
E: 445,842.14
8" TEE W/ TB
N: 171,395.69
E: 445,700.14
8" GATE VALVE
N: 171,395.87
E: 445,663.988" 90° BEND W/ TB
& 6" REDUCER
N: 171,396.61
E: 445,509.15
CONNECT TO EX. WATER
N: 171,400.01
E: 445,842.17
CONNECT TO EX. WATER
N: 171,400.69
E: 445,700.16
5.0 LF~8" C900 PRIVATE WATER MAIN
14.7 LF~8" C900 PRIVATE WATER MAIN
122.0 LF~8" C900 PRIVATE WATER MAIN
100.0 LF~8" C900 PRIVATE WATER MAIN
5.0 LF~8" C900 PRIVATE WATER MAIN
EX. SSMH-1
4' SSMH
N: 171,410.28
E: 445,777.76
BUILDING 1
BUILDING 2
BUILDING 3 BUILDING 4 BUILDING 5
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45 46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65 66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
8" X 6" TEE W/ TB
N: 171,396.13
E: 445,609.14
8" X 6" TEE W/ TB
N: 171,396.03
E: 445,629.14
8" X 6" TEE W/ TB
N: 171,395.45
E: 445,751.14 8" X 6" TEE W/ TB
N: 171,395.35
E: 445,771.14 8" X 6" TEE W/ TB
N: 171,394.77
E: 445,893.14
8" X 6" TEE W/ TB
N: 171,394.67
E: 445,913.14
8" 90° BEND W/ TB
& 6" REDUCER
N: 171,394.08
E: 446,035.14
20.0 LF~8" C900 PRIVATE WATER MAIN
36.2 LF~8" C900 PRIVATE WATER MAIN
20.0 LF~8" C900 PRIVATE WATER MAIN
34.8 LF~8" C900 PRIVATE WATER MAIN
51.0 LF~8" C900 PRIVATE WATER MAIN
20.0 LF~8" C900 PRIVATE WATER MAIN
71.0 LF~8" C900 PRIVATE WATER MAIN
36.3 LF~8" C900 PRIVATE WATER MAIN
METER PIT
N: 171,390.19
E: 445,514.15
METER PIT
N: 171,388.10
E: 445,604.13 METER PIT
N: 171,389.61
E: 445,634.10
METER PIT
N: 171,389.08
E: 445,746.14
METER PIT
N: 171,388.93
E: 445,776.14
METER PIT
N: 171,388.40
E: 445,888.14
METER PIT
N: 171,388.25
E: 445,918.14
METER PIT
N: 171,387.71
E: 446,030.14
TYPICAL 6" FIRE SERVICE
TYPICAL WATER SERVICE
14.0 LF WATER
SERVICE
14.0 LF 6" FIRE
SERVICE W/
GATE VALVE
8" PRIVATE SANITARY MAIN
6" SANITARY SERVICE (TYP)
8" PRIVATE
SANITARY MAIN
6" SANITARY SERVICE (TYP)
I HEREBY CERTIFY THAT THIS PLAN WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION, AND THAT I AM
A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA.
SIGNATURE: __________________________________________TYPED OR PRINTED NAME: MATTHEW R. HAGSTROM
DATE: 09/18/2024 LICENSE NUMBER: 50731 Designed By:Date:
Job No.:
FOR AND ON BEHALF OF
HAGSTROM ENGINEERING PLLC
Checked By:811
CALL 2 BUSINESS DAYS IN ADVANCE BEFORE
YOU DIG, GRADE OR EXCAVATE FOR THE
MARKING OF UNDERGROUND MEMBER
UTILITIES.
CALL GOPHER STATE ONE CALL
BENCHMARK:ByDateDescription of RevisionsNo.Sheet of
D
C
B
A
54321
219 6TH AVENUE EAST
ALEXANDRIA, MN 56308
P.320.759.0764
WWW.HAGSTROMENG.COM
HAGSTROM
ENGINEERING
CIVIL ENGINEERS | LAND CONSULTANTS
CAUTION: IF THIS SHEET IS NOT 24"X36" IT IS A REDUCED PRIN
C5.0C3.1
NOT FOR CONSTRUCTIONC3.1ORONO GARAGE CONDOSSITE PLANPROPOSED UTILITY PLAN09/18/2024
24015 LEHMRH0
SCALE: 1" =
ORIGINAL GRAPHIC SCALE
15 30 60
30'
LEGEND
EXISTING STORM SEWER,
MANHOLE, F.E.S. AND INLET
PROPOSED STORM SEWER,
MANHOLE, F.E.S. AND INLET
EXISTING ROW
PROPOSED ROW
EXISTING LOT LINE
PROPOSED LOT LINE
PROPERTY BOUNDARY
PROPERTY SETBACK
EXISTING EASEMENT
PROPOSED EASEMENT
PROPOSED SANITARY SEWER W/ MH
EXISTING SANITARY SEWER W/ MH
PROPOSED UNDERDRAIN AND CLEANOUT
PROPOSED WATER LINE, VALVE AND
FIRE HYDRANT
EXISTING WATER LINE AND VALVE
PROPOSED WATER SERVICE W/ METER
PROPOSED SANITARY SERVICE
EXISTING GAS LINE
EXISTING OVERHEAD ELECTRIC
EXISTING ELECTRIC
EXISTING CABLE TV
EXISTING FIBER OPTIC
EXISTING TELEPHONE
EXISTING IRRIGATION
CAUTION! UTILITY CROSSING
LOWERING MAY BE REQUIRED
EXISTING LIGHT POLE
PROPOSED LIGHT POLEWSS
NOTES:
1.CONTRACTOR SHALL FIELD VERIFY SIZE AND LOCATION OF ALL EXISTING UTILITIES
PRIOR TO CONSTRUCTION AND NOTIFY THE ENGINEER WITH ANY DISCREPANCIES.
2.CONTRACTOR IS RESPONSIBLE FOR PROVIDING ALL NECESSARY CONSTRUCTION
STAKING.
3.INSTALL PERIMETER BMP'S PRIOR TO ANY CONSTRUCTION, SEE SHEET C5.0.
4.ALL TREES AND TREE ROOT ZONES OUTSIDE OF THE LIMITS OF CONSTRUCTION
SHALL NOT BE DISTURBED.
5.ALL SANITARY SEWER SERVICES ARE 6" DIAMETER WITH 1% SLOPE AND A
STANDARD 1.2' WYE CONNECTION TO THE 8" PRIVATE MAIN UNLESS OTHERWISE
NOTED.
6.ALL PRIVATE WATER MAINS ARE 8" DIAMETER, MAINTAIN POSITIVE GRADE, 8' MIN.
COVER.
7.ALL WATER MAINS AND SERVICES SHALL MEET AWWA C900 QUALITY STANDARD.
8.AN ACCESSIBLE BLUE 14 AWG MINIMUM TRACER WIRE SUITABLE FOR DIRECT BURY
MUST BE USED
9.SEE SHEET C5.0 - C5.2 FOR CONSTRUCTION DETAILS.P:\24015_Orono Car Condo's\CAD\CD's\24015_C3.1-Proposed Utility Plan.dwg, 1/21/2025 4:13:17 PM, 1:1, LEH85
SD002
3______________
2.1 2.2 2.3
2.A
2.B
2.I
2.L
2.M
SD002
5______________72'-0"110'-0"93'-0"7'-6"20'-0"20'-0"20'-0"20'-0"20'-0"20'-0"20'-0"20'-0"20'-0"20'-0"20'-0"20'-0"20'-0"7'-6"24'-0"24'-0"24'-0"24'-0"24'-0"31'-0"31'-0"31'-0"31'-0"31'-0"SD002
2______________
40'-0"50'-0"
UNIT 25
125
UNIT 27
127
UNIT 16
116
UNIT 15
115
UNIT 14
114
UNIT 13
113
UNIT 34
134
UNIT 23
123
UNIT 24
124
UNIT 31
131
UNIT 30
130
UNIT 17
117
UNIT 18
118
UNIT 19
119
UNIT 20
120
UNIT 21
121
UNIT 32
132
UNIT 33
133
UNIT 28
128
UP
UP
______________
SD002
4
T/ CONC
EL 98'-8"
T/ CONC
EL 99'-4"
20'-0"
UNIT 29
129
UP
UP
UP
UP
UP
UP
UP
UP
UNIT 22
122
12'-0"
UTILITY
W91
UTILITY
E91
UNIT 26
126
1" = 10'-0"SD002
BUILDING 2 FLOOR PLAN1
NORTH
86
H:\ORNO\_Surface Water Management\MS4 Administration\MCM-5\2_Site Plan Reviews\Orono Garage Condos\Orono Garage Condos_PrelimPlan.docx
October 29, 2024
City of Orono
Attn: Adam Edwards
2750 Kelley Parkway
Orono, MN 55356
RE: Preliminary Plans
Orono Garage Condos
Engineering Review #1
Dear Adam:
As requested, we have completed an engineering review of the documents submitted for the above
referenced project. Following are my comments for your consideration:
1. Proposed improvements will require the installation of stormwater runoff management
practices to meet Minnehaha Creek Watershed District and NPDES requirements for runoff
treatment. The following should be considered regarding stormwater management:
a. Not enough information has been provided to determine if the proposed design is adequate.
A complete Stormwater Management Plan for the site meeting MCWD and NPDES
requirements should be provided for review.
b. Per MCWD requirements, the proposed stormwater runoff management system must
provide rate control and volume control for the new and fully reconstructed impervious
surfaces. For complete MCWD requirements, please refer to the following link:
Regulations - Minnehaha Creek Watershed District (MCWD)
c. Per NPDES requirements, the water quality volume must be treated, calculated as 1” times
the sum of the new and fully reconstructed impervious surfaces. If infiltration is prohibited
as outlined by NPDES requirements, a wet sedimentation basin or filtration basin may be
utilized. For complete NPDES requirements, please refer to the following links:
https://www.pca.state.mn.us/sites/default/files/wq-strm2-81a.pdf
https://www.pca.state.mn.us/sites/default/files/wq-strm4-94.pdf
d. The permanent best management practice chosen (infiltration, filtration, or wet
sedimentation) must meet the design requirements outlined in the MCWD and NPDES
permits.
e. Per City requirements to track TMDLs and reduce loads to meet required Waste Load
Allocations, the calculations for Total Suspended Solids (TSS) and Total Phosphorus (TP)
loading should be included in the report.
2. The sanitary sewer capacity provided to the site is sufficient to support the development.
3. The water main capacity provided to the site is sufficient to support the development.
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Preliminary Plans
Orono Garage Condos
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4. Final Plans should include the following:
a. Site Plan
b. Grading, Drainage, and Erosion Control Plan
c. Utility Plan
d. Street Construction Plan
e. Landscape and Restoration Plan
f. SWPPP meeting NPDES requirements
g. City Standard Details
5. The applicant will be required to obtain the following permits and provide a copy of any
approvals required prior to Final Plat approval:
a. MPCA Sanitary Sewer Extension Permit
b. MDH Water Main Extension Permit
c. Minnehaha Creek Watershed District (MCWD)
d. NPDES General Construction Permit
6. The applicant will be required to submit a Maintenance Agreement for all stormwater
management structures and facilities. The agreement must define maintenance responsibilities
following completion of project, specify types and frequencies of inspection and maintenance
activities, designate who will conduct inspection and maintenance activities, and outline
reporting requirements. The Agreement should be recorded with the County per the City’s
approval process.
7. Drainage and Utility Easements should be provided as follows:
a. Over all stormwater management facilities used to meet regulatory requirements, including
access routes.
b. All swales, structures, and piping providing drainage for multiple properties.
c. 5’ along all side lot lines, unless adjacent to Development boundary.
d. 10’ along all front lot lines, rear lot lines, and adjacent to Development boundary.
8. Additional comments may be forthcoming once a complete Stormwater Management Plan is
provided.
If you have any questions or comments, please contact me to discuss.
Sincerely,
Bolton & Menk, Inc.
Robert E. Bean, Jr., P.E.
Water Resources Engineer
88
From:Laura Oakden
To:"Rob Page"
Cc:David Ramsay; Ross Hedlund; Mark Gronberg; Edwin Chanin
Subject:RE: Planning Commission Cancelled
Date:Monday, February 3, 2025 4:58:06 PM
Attachments:Orono Garage Condos_PrelimPlan.pdf
RE Garage Condo- Incomplete Notice.msg
Industrial Blvd Road Plans 9.16.24.pdf
Hi Rob,
I have received the following comments for you to consider:
1. Stormwater plan. I believe the stormwater comments provided in Engineering Review #1
have not yet been addressed (Sent to you on 12.23.24). No hydraulic / hydrologic calculations
have been provided to confirm sizing of the proposed on-site basin meets NPDES
requirements (or MCWD requirements). I have attached the previous comments for your
information, as I believe they are still applicable. Please provide this information.
2. Fire. The Fire Chief noted that the 70’ fire turn around anticipated with the construction of
the road (see road plan attached) no longer meets the fire turn around standards due to the
gate with the proposed garage condo construction plan. The proposed gate obstructs the
turn around. The gate can be removed, moved back, or the property to the north can be used
as the turn around, however a new plan should be submitted to ensure the fire code turn
around standards are met.
As far as the application timing, I don’t think it would be productive to present the final plat and the
preliminary plat concurrently. The new city council has not reviewed or weighed in on your
application and will not see it until February 24th at the soonest. In order to process a final plat
application, all plans must be finalized and must address the comments brought up by staff, any
amendments from the Planning Commission and/or City Council. Final mylars must be approved by
the county and submitted to us, required fees must be paid and the development agreement
drafted and ready for execution in order for the final plat to be placed on council agenda for
consideration.
Regarding permitting, once we are closer to a final plan set, you can apply for the necessary building
permits. We will not release the permit until the final plat is approved by the City Council and
recorded. There is some staging timing that needs to be considered due to the construction of the
road.
Let me know if you have further questions as we work through this project.
Laura Oakden
Community Development Director
City of Orono
Direct: 952-249-4602
2750 Kelley Parkway, Orono, MN 55356
www.oronomn.gov
89
CITY OF ORONO MEMORANDUM
DATE: January 15, 2025
TO: Rob Page o/b/o Garage/ Condo LLC
FROM: Laura Oakden, Community Development Director
RE: Garage Condo Development - LA24-000068
The following are comments and points of information regarding the Garage Condo
CUP/Preliminary plat application. Please review the following.
Utilities (Water and Sewer)-
1. It is unclear where the development is proposing private vs public utility infrastructure.
This needs to be clearly delineated. Staff are recommending this would be at the
property line abutting the Industrial Blvd. There is a significant intensification in utilities
on the site from what was contemplated in the original development agreement. The
utilities within the property should be the responsibility of the developers. Staff is
recommending the utilities within the development by privately installed and maintained.
Staff will have access or shut off or emergency services. The developer will be
responsible for install and maintenance of the utility infrastructure.
2. Water- We recommend the addition of two water valves just inside the Industrial Blvd
ROW. These would allow the city to shut off water to the site should there be a need.
3. Sanitary- We recommend the addition of a MH structure just inside of the Industrial Blvd
ROW. This would allow the city access for maintenance to the public portion of the
sanitary (North) for maintenance.
4. Stormwater comments were provided previously.
Fire:
1. Required Turn Around – The entrance to the development will be used for
fire/emergency service turn around for the road. Clarification for the gate location and
accessibility is required to verify maneuverability. Please submit a plan indicating the
gate location and design.
2. Fire Hydrants - The plans state that there are 3 existing hydrants on Orono Industrial
Blvd. I only show one in our information.
a. There is one added fire hydrant located to the south of building 4. Is this a private
hydrant or a public?
3. Water Lines to the Individual Garages- There appear to be one-inch water lines going to
each garage. Is this adequate for the fire suppression system, too?
Police:
1. No major connects. I will be reviewing the use and HOA restrictions for using this
property as a short term home also as a large social gathering area for partying or other
large events
Planning/ Development Comments:
1. All permits from MCWD and other government agencies will be required before any
permits can be released.
90
2. Gate- detail sheet for fencing was provided. Please clarify if a gate is being proposed
and the location. A knox box for emergency services will be required.
3. Sales/Management Office- Are you proposing any sales or management office in the
development?
4. Garbage- Are you proposing any garage containers or enclosures? Please clarify. If so a
site plan for the location and a detail for the enclosure must be submitted.
5. Declaration
a. Section 7.5 Parking- indicates a surface parking plat. Please provide a copy of
this internal surface parking plan
b. Section 7.7 Signage- Is there any signage being proposed for the development?
The declaration comments indicate signage for each individual
c. Section 8.1- Expansion- The document indicated building expansion will be
reviewed with an architectural board. Are you planning to allow exterior
expansions such as decks, front porches, ect? The land is not owned by the unit
holders and permitting may be challenging. Can you please provide additional
information of the scope of future unit expansions?
d. Section 14.9- Additional property, describes a future expansion/build out to the
abutting property. Please provide additional information of the scope of the
future phases/expansions of the site.
Building Official:
The following information should be included in the commercial building permit application:
• Full Code Analysis with both an Architectural and Structural plan set
• Plans meeting the Accessibility Code
• Fire protection/unit separation info
• SAC Determination with Met Council
• State Plumbing Plan Review – Plumbing Permit
• Heating/Cooling Plan – Mechanical permit
Estimated Fees (Fee Schedule Attached):
Fee Type Breakdown Estimated Total
Water Area Connection $4,370 x 85 units $371,450.00
Water Connection Permit Fee $150.00 x 85 units $12,750.00
Sewer Area Connection $6000 x 85 units $510,000.00
Sewer Connection Permit Fee $150.00 x 85 units $12,750.00
Sewer Availability Charge(Met
Council)-
$2,485.00 x 85units $211,225.00
*A SAC determination is required by the Met Council and can alter this fee
Stormwater Drainage Trunk Fee ($9,690.00 x 4.89Ac $47,384.10
ESTIMATED FEE TOTAL $1,135,559.10
Timeline for review:
January 21st- Planning Commission review with public hearing
February 10th – City Council review of the Conditional Use Permit and Preliminary Plat
February 24th- City Council review of Final plat, development agreement and all associated
91
Angie & Dan Complin
2830 Goldenrod Way
Orono, MN 55356
January 28, 2025
Planning Commission
City of Orono
2750 Kelley Parkway
Orono, MN 55356
Dear Members of the Planning Commission,
We hope this letter finds you well. We are writing to share our thoughts on the proposed
garage condominium development at 430 Old Crystal Bay Road which is across the street
from our home. As residents, we want to express our appreciation for the vision behind this
project. The plans to redevelop the site into a more functional and attractive space are
encouraging, especially given the current state of the property.
While we are supportive of this project and its potential benefits, we kindly ask the
Commission and the developers to consider a few aspects that could help ensure the
development is a positive addition to our neighborhood.
1. Noise Management: As parents of two young children, maintaining a quiet and
peaceful environment is important to our family, particularly during our children’s
nap and bedtimes. We kindly ask that noise levels be carefully managed during
construction and operations, with consideration for timing that minimizes
disruptions to residents, especially those with young children.
2. Lighting Design: After reviewing the photometric study, we understand that lighting
is a critical component of the project for safety and functionality. However, we
would be grateful if measures could be taken to limit light spillover into nearby
homes, such as shielded, downward-facing fixtures. This would help preserve the
calm, natural character of the neighborhood, especially at night.
3. Landscaping: We were pleased to see the proposed landscape plan includes a
variety of trees and plantings. The addition of evergreens, in particular, is wonderful
as they will provide year-round greenery and privacy. We would respectfully
encourage the planting of mature trees to quickly restore the natural buffer between
the development and nearby homes that was lost when the original ~30 foot
evergreens were removed by the owner.
92
4. Traffic Impact: With the addition of multiple units, there may be an increase in
traffic flow in the area. If not already completed, a traffic study could provide
insights into any potential impacts and ensure the neighborhood and nearby
walking trails remain safe and accessible for everyone, especially children.
5. Construction Communication: We understand construction is a necessary part of
progress and appreciate the care that goes into planning such projects. Having a
clear timeline and regular communication from the developers would help
residents prepare for any disruptions and maintain a positive relationship
throughout the process.
6. Community Engagement: Finally, we want to encourage the developers to
consider engaging with nearby residents directly to share updates and gather
feedback. A collaborative approach could help address any remaining concerns
and ensure the project is truly a win-win for everyone involved.
Thank you for your time and for the care you bring to planning developments like this one.
We believe this project has the potential to be a wonderful improvement for our
community, and we appreciate your consideration of these thoughts as you move forward.
Please don’t hesitate to reach out if further discussion would be helpful.
Warm regards,
Angie & Dan Complin
Angie.complin@gmail.com
Dan.complin@gmail.com
93
From:Bill Bruning
To:Laura Oakden
Subject:Garage Condo Proposal
Date:Monday, February 10, 2025 7:25:50 PM
Hello Ms. Oakden,
With regards to the Garage Condo Proposal, we wish that this permit NOT be approved. Our concerns are the
additional air, light and noise pollution this facility will bring to our area resulting in diminished quality of life and
diminished property value.
A brief history. We moved to Orono 31 years ago. Before purchasing our house we visited Orono City Hall asking
where the highway 12 bypass was to be constructed. We were shown four routes, on record for 50 years, and chose
our home’s location based on the information Orono provided. Nine months later, a fifth route was suddenly
presented and approved by Orono, placing the highway next to our house. This required the elimination of the
majority of trees in our area as well as our neighbor’s house, a new bridge was torn down and replaced with a larger
lighted bridge, railroad was moved closer to our house, etc., all bringing 10 years of construction and 20+ years of
highway noise. Orono’s mayor at that time told us not to address MnDOT with our concerns. Last year, Orono
constructed a new public works facility by our house bringing additional traffic noise and all night lighting.
Orono has made it challenging to be residents. We ask that Orono not add to those challenges with the construction
of this garage condo facility.
Thank you,
Bette and Bill Bruning
315 Silver Meadow Dr. Orono
94
219 6th Avenue East, Alexandria, MN 56308
P:320.759.0764
PRELIMINARY DRAINAGE REPORT
Orono Garage Condos
Orono, MN
September 18, 2024
JN: 24015
Prepared for:
Orono Garage Condos
5840 Club Valley Road
Shorewood, MN 55331
Contact: Dave Ramsey, Rob Page
P: 952.200.6384
Prepared by:
Hagstrom Engineering PLLC
219 6th Avenue East
Alexandria, MN 56308
Contact: Matt Hagstrom
P: 320.759.0764
Matthew R. Hagstrom, PE No. 50731
President
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Orono Garage Condos – Orono, MN
September 18, 2024
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INTRODUCTION
The purpose of this Preliminary Drainage Report is to determine the effects of the
proposed civil construction design of the Orono Garage Condos (site) within the
historic condition, as well as to design proper conveyance for the developed
stormwater runoff within the site in accordance with all applicable criteria.
I. GENERAL LOCATION AND DESCRIPTION
A. Site Location
The site analyzed for this report is located in Lot 1, Block 1, Crystal Bay Business
Center, Hennepin County, MN. The site falls within the City of Orono as well as the
Minnehaha Creek Watershed District (MCWD). The site is bound by Orono
Industrial Boulevard on the north, private property on the east, State Highway 12
on the south, and Old Crystal Bay Road N on the west. See Appendix A for the
vicinity map.
B. Description of Property
The historic site analyzed in this report contains grassed areas and trees totaling
4.89 acres with 0 acres of impervious surfaces. With the proposed construction,
the total disturbed area of the site will be over 1 acre with 3.87 acres impervious
surfaces.
According to the Natural Resources Conservation Service, three soil types exist
within the site. The soil types are Cordova loam, 0 to 2 percent slopes, Le Sueur
loam, 1 to 3 percent slopes, and Hamel-Glencoe complex, 0 to 2 percent slopes
all belonging to Hydrologic Soil Group (HSG) C. Soils within HSG C are defined
as having a slow infiltration rate when thoroughly wet. Refer to Appendix A for
the soils report and map.
The historic site drains to three locations – south to an existing ditch, to the middle
of the site where an existing ditch draining south is located, and to the east as
sheet flow. All drainage ultimately reaches the ditch south of the site that runs
east. Slopes on site range from 1.5 percent to 45 percent.
The historic site is 0% impervious and was broken into three drainage basins, each
allowing runoff to flow to a different location. Under existing conditions, stormwater
runoff from the north is routed onto the site, contributing to the middle ditch running
south. Under proposed conditions, this contribution will be re-routed to an existing
storm sewer stub on the east side of the site, routing the runoff around the site. No
other offsite basins were analyzed as stormwater runoff from offsite is routed
around the site.
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With the proposed design, runoff will generally follow historic drainage patterns by
ultimately discharging to the south. A regional drainage facility is located
approximately 0.18 miles to the east of the site, which will provide detention for all
storm frequency events. A water quality pond will be implemented on site to
account for the increased site impervious per Minnesota Pollution Control Agency
criteria. See below for detailed description of the proposed drainage system and
Appendix C for historic and proposed drainage maps.
There are no waters within one mile of the site that have an EPA -approved
impairment, therefore no additional best management practices or plan review for
compliance with the NPDES/SDS construction permit is required. See Appendix A
for impaired waters map. There are no wetlands that exist on the site. There are
no other protected areas known to exist on the site.
C. Adjacent Areas
There are no existing access points to the site. An apron will be constructed under
proposed conditions creating an access from Orono Industrial Boulevard.
This site is located on FEMA FIRM Map Number 27053C0302F and is shown
within Zone X which indicates that there are no floodplains located on the site.
Refer to Appendix A for the FIRMette.
II. DRAINAGE BASIN
A. Major Drainage Basin
All stormwater runoff from impervious areas on site will be routed to the proposed
water quality control volume (WQCV) pond. For preliminary analysis, the following
calculation was completed to size the pond:
WQCV = 1” x New Impervious Area = 1” x 3.87 acres = 14,027 cubic feet
Larger storm events will be routed downstream where they will be treated by the
existing regional facility. Please see the appendices for the Proposed Drainage
Map.
III. DRAINAGE DESIGN CRITERIA
A. Regulations
This drainage report has been prepared in conformity with the City of Orono, the
Minnehaha Creek Watershed District, and the Construction Stormwater General
Permit for the State of Minnesota.
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September 18, 2024
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B. Hydrologic and Hydraulic Criteria and Design
Preliminary storm frequencies analyzed for the site include the water quality control
volume. During the water quality event, runoff will be routed overland to areas as
described in Section II above.
For preliminary design, no analysis of larger storm events was completed as it is
assumed the regional facility downstream of the site will provide detention and
treatment for larger event stormwater runoff from the site.
IV. DRAINAGE FACILITY DESIGN
A. General Concept
Proposed drainage for the site will generally follow historic drainage patterns.
Runoff in each basin is described in Section II above.
B. Specific Details
The proposed construction will include demolition of trees and construction of five
garage condos, bituminous parking and drive lanes, concrete v-pans, utilities, and
a drainage facility.
Refer to the existing and proposed hardcover worksheets in the appendices.
V. RISK ASSESSMENT
In a catastrophic event, all stormwater will overtop the water quality pond and
drain to the south, following historic drainage patterns. The FFE of all buildings is
greater than 1’ above the pond overflow elevation.
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VI. REFERENCES
1. Authorization to Discharge Stormwater Associated with Construction Activity
under the National Pollutant Discharge Elimination System/State Disposal System
Program, MNR100001, Minnesota Pollution Control Agency, August 1, 2023.
2. Natural Resources Conservation Center Web Soil Survey, United States
Department of Agriculture, site accessed September 18, 2024.
3. Flood Insurance Rate Map FIRMette, Map Number 27053C0302F, Federal
Emergency Management Agency, exported September 18, 2024.
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APPENDIX A
100
SITE
OLD CRYSTAL BAY RD NWAYZATA BLVD
WILLOW DRIVE NSTATE HWY 12
N.T.S.
VICINITY MAP
ORONO GARAGE CONDOS
101
Hydrologic Soil Group—Hennepin County, Minnesota
(Orono Garage Condos)
Natural Resources
Conservation Service
Web Soil Survey
National Cooperative Soil Survey
9/16/2024
Page 1 of 44981500498153049815604981590498162049816504981680498171049815004981530498156049815904981620498165049816804981710453100453130453160453190453220453250453280453310453340453370453400453430
453100 453130 453160 453190 453220 453250 453280 453310 453340 453370 453400 453430
44° 59' 14'' N 93° 35' 42'' W44° 59' 14'' N93° 35' 26'' W44° 59' 7'' N
93° 35' 42'' W44° 59' 7'' N
93° 35' 26'' WN
Map projection: Web Mercator Corner coordinates: WGS84 Edge tics: UTM Zone 15N WGS84
0 50 100 200 300
Feet
0 20 40 80 120
Meters
Map Scale: 1:1,550 if printed on A landscape (11" x 8.5") sheet.
Soil Map may not be valid at this scale.
102
MAP LEGEND MAP INFORMATION
Area of Interest (AOI)
Area of Interest (AOI)
Soils
Soil Rating Polygons
A
A/D
B
B/D
C
C/D
D
Not rated or not available
Soil Rating Lines
A
A/D
B
B/D
C
C/D
D
Not rated or not available
Soil Rating Points
A
A/D
B
B/D
C
C/D
D
Not rated or not available
Water Features
Streams and Canals
Transportation
Rails
Interstate Highways
US Routes
Major Roads
Local Roads
Background
Aerial Photography
The soil surveys that comprise your AOI were mapped at
1:12,000.
Warning: Soil Map may not be valid at this scale.
Enlargement of maps beyond the scale of mapping can cause
misunderstanding of the detail of mapping and accuracy of soil
line placement. The maps do not show the small areas of
contrasting soils that could have been shown at a more detailed
scale.
Please rely on the bar scale on each map sheet for map
measurements.
Source of Map: Natural Resources Conservation Service
Web Soil Survey URL:
Coordinate System: Web Mercator (EPSG:3857)
Maps from the Web Soil Survey are based on the Web Mercator
projection, which preserves direction and shape but distorts
distance and area. A projection that preserves area, such as the
Albers equal-area conic projection, should be used if more
accurate calculations of distance or area are required.
This product is generated from the USDA-NRCS certified data as
of the version date(s) listed below.
Soil Survey Area: Hennepin County, Minnesota
Survey Area Data: Version 19, Sep 10, 2023
Soil map units are labeled (as space allows) for map scales
1:50,000 or larger.
Date(s) aerial images were photographed: Jun 29, 2023—Sep
13, 2023
The orthophoto or other base map on which the soil lines were
compiled and digitized probably differs from the background
imagery displayed on these maps. As a result, some minor
shifting of map unit boundaries may be evident.
Hydrologic Soil Group—Hennepin County, Minnesota
(Orono Garage Condos)
Natural Resources
Conservation Service
Web Soil Survey
National Cooperative Soil Survey
9/16/2024
Page 2 of 4 103
Hydrologic Soil Group
Map unit symbol Map unit name Rating Acres in AOI Percent of AOI
L23A Cordova loam, 0 to 2
percent slopes
C/D 5.5 53.4%
L25A Le Sueur loam, 1 to 3
percent slopes
C/D 4.3 41.7%
L45A Dundas-Cordova
complex, 0 to 3
percent slopes
C/D 0.1 0.8%
L132A Hamel-Glencoe
complex, 0 to 2
percent slopes
C/D 0.4 4.1%
Totals for Area of Interest 10.2 100.0%
Hydrologic Soil Group—Hennepin County, Minnesota Orono Garage Condos
Natural Resources
Conservation Service
Web Soil Survey
National Cooperative Soil Survey
9/16/2024
Page 3 of 4
104
Description
Hydrologic soil groups are based on estimates of runoff potential. Soils are
assigned to one of four groups according to the rate of water infiltration when the
soils are not protected by vegetation, are thoroughly wet, and receive
precipitation from long-duration storms.
The soils in the United States are assigned to four groups (A, B, C, and D) and
three dual classes (A/D, B/D, and C/D). The groups are defined as follows:
Group A. Soils having a high infiltration rate (low runoff potential) when
thoroughly wet. These consist mainly of deep, well drained to excessively
drained sands or gravelly sands. These soils have a high rate of water
transmission.
Group B. Soils having a moderate infiltration rate when thoroughly wet. These
consist chiefly of moderately deep or deep, moderately well drained or well
drained soils that have moderately fine texture to moderately coarse texture.
These soils have a moderate rate of water transmission.
Group C. Soils having a slow infiltration rate when thoroughly wet. These consist
chiefly of soils having a layer that impedes the downward movement of water or
soils of moderately fine texture or fine texture. These soils have a slow rate of
water transmission.
Group D. Soils having a very slow infiltration rate (high runoff potential) when
thoroughly wet. These consist chiefly of clays that have a high shrink-swell
potential, soils that have a high water table, soils that have a claypan or clay
layer at or near the surface, and soils that are shallow over nearly impervious
material. These soils have a very slow rate of water transmission.
If a soil is assigned to a dual hydrologic group (A/D, B/D, or C/D), the first letter is
for drained areas and the second is for undrained areas. Only the soils that in
their natural condition are in group D are assigned to dual classes.
Rating Options
Aggregation Method: Dominant Condition
Component Percent Cutoff: None Specified
Tie-break Rule: Higher
Hydrologic Soil Group—Hennepin County, Minnesota Orono Garage Condos
Natural Resources
Conservation Service
Web Soil Survey
National Cooperative Soil Survey
9/16/2024
Page 4 of 4
105
Orono Garage Condos
MPCA Construction Stormwater Special Waters Search within 1 mile of site
There are no waters within one mile of the site that have an EPA-approved impairment, therefor no
additional best management practices or plan review for compliance with the NPDES/SDS construction
permit is required.
106
National Flood Hazard Layer FIRMette
0 500 1,000 1,500 2,000250
Feet
Ü
SEE FIS REPORT FOR DETAILED LEGEND AND INDEX MAP FOR FIRM PANEL LAYOUT
SPECIAL FLOOD
HAZARD AREAS
Without Base Flood Elevation (BFE)
Zone A, V, A99
With BFE or DepthZone AE, AO, AH, VE, AR
Regulatory Floodway
0.2% Annual Chance Flood Hazard, Areas
of 1% annual chance flood with average
depth less than one foot or with drainage
areas of less than one square mileZone X
Future Conditions 1% Annual
Chance Flood HazardZone X
Area with Reduced Flood Risk due to
Levee. See Notes.Zone X
Area with Flood Risk due to LeveeZone D
NO SCREEN Area of Minimal Flood Hazard Zone X
Area of Undetermined Flood HazardZone D
Channel, Culvert, or Storm Sewer
Levee, Dike, or Floodwall
Cross Sections with 1% Annual Chance
17.5 Water Surface Elevation
Coastal Transect
Coastal Transect Baseline
Profile Baseline
Hydrographic Feature
Base Flood Elevation Line (BFE)
Effective LOMRs
Limit of Study
Jurisdiction Boundary
Digital Data Available
No Digital Data Available
Unmapped
This map complies with FEMA's standards for the use of
digital flood maps if it is not void as described below.
The basemap shown complies with FEMA's basemap
accuracy standards
The flood hazard information is derived directly from the
authoritative NFHL web services provided by FEMA. This map
was exported on 9/18/2024 at 1:03 PM and does not
reflect changes or amendments subsequent to this date and
time. The NFHL and effective information may change or
become superseded by new data over time.
This map image is void if the one or more of the following map
elements do not appear: basemap imagery, flood zone labels,
legend, scale bar, map creation date, community identifiers,
FIRM panel number, and FIRM effective date. Map images for
unmapped and unmodernized areas cannot be used for
regulatory purposes.
Legend
OTHER AREAS OF
FLOOD HAZARD
OTHER AREAS
GENERAL
STRUCTURES
OTHER
FEATURES
MAP PANELS
8
B 20.2
The pin displayed on the map is an approximate
point selected by the user and does not represent
an authoritative property location.
1:6,000
93°35'53"W 44°59'24"N
93°35'15"W 44°58'58"N
Basemap Imagery Source: USGS National Map 2023
107
t 320.759.0764 | 219 6th Avenue East, Alexandria, MN 56308 | www.hagstromeng.com
APPENDIX B
108
109
110
PROJECT :Orono Garage Condos DATE :9/18/2024
PROJECT NO. :24015 BY :LEH
Required Volume
New Impervious Area (ac)
3.86
WQCV = 14,027 cu-ft
WQCV = 0.32 ac-ft [ WQCV = (1"/12) *(Impervious Area) ]
Provided Volume
Contour
Elevation
1020.00
1021.00
1022.00
1023.00
1024.00
WSEL Depth (ft)
WQCV =1021.64 1.64
3,914 0 0.00
13,717
9,741
11,672 18,282 0.42
6,610 6,610 0.15
WQCV Calculations
Ft2
1/3 (A1 + A2 +
(A1A2)1/2) D Total Volume (ft3)Total Volume (ac-ft)
22,855 0.52
4,572 22,855 0.52
0
111
t 320.759.0764 | 219 6th Avenue East, Alexandria, MN 56308 | www.hagstromeng.com
APPENDIX C
112
ORONO INDUSTRIAL BOULEVARD
OLD CRYSTAL BAYROADBLOCK 1
LOT 1
MNDOT RIGHT OF WAY PLAT NO 27-129
WJM PROPERTIES LLC
PID: 3311823130015
EX. BOUNDARY
EX. BOUNDARY
1027 10261028
1026102
6
1
0
2
71027
102610291027102710261
0
2
0
1
0
2
1
1020
1018
1019
1016
1020 1018
1015 1014101810191021102210231023102510241026 1020H3
2.02
AC
X
X
18.4%
16.7%
19.4%9.7%4
.
0%2.2%4.0%
1.3%
1
.
5%1.1%7.
2%
1.5%
1.9%
1.7%
2.2%1.1%2.5%
1
.
4%7.9%H1
1.68
AC
X
X
H2
1.19
AC
X
X
I HEREBY CERTIFY THAT THIS PLAN WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION, AND THAT I AM
A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA.
SIGNATURE: __________________________________________TYPED OR PRINTED NAME: MATTHEW R. HAGSTROM
DATE: 09/18/2024 LICENSE NUMBER: 50731 Designed By:Date:
Job No.:
FOR AND ON BEHALF OF
HAGSTROM ENGINEERING PLLC
Checked By:811
CALL 2 BUSINESS DAYS IN ADVANCE BEFORE
YOU DIG, GRADE OR EXCAVATE FOR THE
MARKING OF UNDERGROUND MEMBER
UTILITIES.
CALL GOPHER STATE ONE CALL
BENCHMARK:ByDateDescription of RevisionsNo.Sheet of
D
C
B
A
54321
219 6TH AVENUE EAST
ALEXANDRIA, MN 56308
P.320.759.0764
WWW.HAGSTROMENG.COM
HAGSTROM
ENGINEERING
CIVIL ENGINEERS | LAND CONSULTANTS
CAUTION: IF THIS SHEET IS NOT 24"X36" IT IS A REDUCED PRINT
DR2DR1
NOT FOR CONSTRUCTIONDR1ORONO GARAGE CONDOSSITE PLANEXISTING DRAINAGE MAP09/18/2024
24015 LEHMRH0
SCALE: 1" =
ORIGINAL GRAPHIC SCALE
15 30 60
30'
1410
1409
EXISTING 5' CONTOUR
EXISTING 1' CONTOUR
LEGEND
EXISTING STORMSEWER
PROPERTY BOUNDARY
FLOW DIRECTION & GRADE
DRAINAGE BASIN
DESIGN POINT
A = DEVELOPED BASIN DESIGNATION
B = BASIN AREA (ACRES)
C = 2 YEAR COMPOSITE RUNOFF COEFFICIENT
D = 100 YEAR COMPOSITE RUNOFF COEFFICIENT
A
B C
D
2.00%
113
ORONO INDUSTRIAL BOULEVARD
OLD CRYSTAL BAYROADBLOCK 1
LOT 1
MNDOT RIGHT OF WAY PLAT NO 27-129
WJM PROPERTIES LLC
PID: 3311823130015
ORONO PRESERVE
DEVELOPMENT
PROPOSED IMPROVEMENTS SHOWN AS EXISTING
EX. BOUNDARY
EX. BOUNDARY
1026102510271025
1024
1022
102110201024102510241
0
2
3
1022
1021
1024
10251026
1027
102610261025
1026
1026102610251025 1023
1020
1027 10261028
1026102
6
1
0
2
71027
102610291027102710261
0
2
0
1
0
2
1
1020
1018
1019
1016
1020 1018
1015 1014101810191021102210231023102510241026
PROPOSED
BUILDING 1
FFE = 1026.62
PROPOSED
BUILDING 2
FFE = 1026.62
PROPOSED
BUILDING 3
FFE = 1026.13
PROPOSED
BUILDING 4
FFE = 1025.42
PROPOSED
BUILDING 5
FFE = 1024.71
1025.97 ME 1025.60 ME
10201024102
2
1021
A1
4.46
AC
X
X PROPOSED
WATER
QUALITY
POND
PROPOSED
OUTLET
STRUCTURE
4.4%
3.3%
4.2%
3.6%
4.5%
5.2%
4.3%
5.4%
8.0%
3.6%
3.0%
8.2%
7.3%
4.4%
4.2%
8.1%0.5%0.5%0.5%0.5%0.5%0.5%0.5%0.5%0.5%0.5%0.5%0.5%0.5%0.5%0.5%0.5%
2.0%
2.0%
2.0%
2.0%
2.0%2.0%
2.0%
2.0%2.0%
2.0%
2.0%
2.0%
2.0%
2.0%
2.0%
2.0%10.0%10.0%
10.0%
10.0%10.0%25.0%25.0%
25.0%25.0%24.4%33.0%33.1%10.1%38.3%29.6%22.4%2.1%2.1%2.1%2.1%2.1%2.1%8.6%10.4%
2.2%2.1%2.1%2.1%2.1%2.1%3.8
%1.0%29.6%31.4%2.1%2.1%2.1%B1
0.43
AC
X
X
I HEREBY CERTIFY THAT THIS PLAN WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION, AND THAT I AM
A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA.
SIGNATURE: __________________________________________TYPED OR PRINTED NAME: MATTHEW R. HAGSTROM
DATE: 09/18/2024 LICENSE NUMBER: 50731 Designed By:Date:
Job No.:
FOR AND ON BEHALF OF
HAGSTROM ENGINEERING PLLC
Checked By:811
CALL 2 BUSINESS DAYS IN ADVANCE BEFORE
YOU DIG, GRADE OR EXCAVATE FOR THE
MARKING OF UNDERGROUND MEMBER
UTILITIES.
CALL GOPHER STATE ONE CALL
BENCHMARK:ByDateDescription of RevisionsNo.Sheet of
D
C
B
A
54321
219 6TH AVENUE EAST
ALEXANDRIA, MN 56308
P.320.759.0764
WWW.HAGSTROMENG.COM
HAGSTROM
ENGINEERING
CIVIL ENGINEERS | LAND CONSULTANTS
CAUTION: IF THIS SHEET IS NOT 24"X36" IT IS A REDUCED PRINT
DR2DR2
NOT FOR CONSTRUCTIONDR2ORONO GARAGE CONDOSSITE PLANPROPOSED DRAINAGE MAP09/18/2024
24015 LEHMRH0
SCALE: 1" =
ORIGINAL GRAPHIC SCALE
15 30 60
30'
1410
1409
EXISTING 5' CONTOUR
EXISTING 1' CONTOUR
LEGEND
EXISTING STORMSEWER
PROPERTY BOUNDARY
FLOW DIRECTION & GRADE
DRAINAGE BASIN
DESIGN POINT
A = DEVELOPED BASIN DESIGNATION
B = BASIN AREA (ACRES)
C = 2 YEAR COMPOSITE RUNOFF COEFFICIENT
D = 100 YEAR COMPOSITE RUNOFF COEFFICIENT
1410
1409
PROPOSED 5' CONTOUR
PROPOSED 1' CONTOUR
PROPOSED STORMSEWER
A
B C
D
EXISTING
TYPICAL
EX.
TYP.
2.00%
114
115
116
117
118
119
120
121
Hennepin County Locate & Notify Map
430 Old Crystal Bay Rd N
0 410 820205 Feet
Date: 12/12/2024
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
122
38 33-118-23 13 0002
ORONO PUBLIC SCHOOLS
INDEPENDENT SCH DISTR #278
685 OLD CRYSTAL BAY RD N
LONG LAKE MN 55356
38 33-118-23 13 0015
WJM PROPERTIES LLC
ATTN GREGORY W WAGENER
2605 W WAYZATA BLVD
MLONG LAKE MN 55356
38 33-118-23 13 0016
OLD CRYSTAL BAY LLC
ATTN JAKE BARKLEY
3640 BAYSIDE RD
ORONO N W 55356
38 33-118-23 13 0019
METRO STORAGE HHF VENTURE
METRO STORAGE LLC
13528 BOULTON BLVD
LAKE FOREST IL 60045
38 33-118-23 13 0020
COLLIERS TEMPUS ORONO LLC
1 ALLIED DRIVE SUITE 1715
LITTLE ROCK AR 72202
38 33-118-23 13 0021
COLLIERS TEMPUS ORONO LLC
1 ALLIED DRIVE SUITE 1715
LITTLE ROCK AR 72202
38 33-118-23 24 0020
KEVIN HARWICK
LACEY HARWICK
530 SANDHILL DR
LONG LAKE MN 55356
38 33-118-23 24 0021
GARRY GENE SIMON
LISA MARIE SIMON
520 SANDHILL DR
LONG LAKE MN 55356
38 33-118-23 24 0022
KIM MALETTA SHIBLEY
510 SANDHILL DR
LONG LAKE MN 55356
38 33-118-23 24 0023
HEATHER DAWN HALLOFF
500 SANDHILL DR
LONG LAKE MN 55356
38 33-118-23 24 0024
JOSHUA RYAN FELLESON
AMANDA MARIE FELLESON
490 SANDHILL DR
LONG LAKE MN 55356
38 33-118-23 24 0025
BARBARA M DUGAN
480 SANDHILL DR
LONG LAKE MN 55356
38 33-118-23 24 0026
CLINTON J & HANNAH VILKS
2833 GOLDENROD WAY
LONG LAKE MN 55356
38 33-118-23 24 0027
SCOTT & ALEXANDRA WINTON
730 2ND AVE S SUITE 1400
MINNEAPOLIS N 55402
38 33-118-23 24 0028
REBECCA GERBIG & CHAD GERBIG
2837 GOLDENROD WAY
ORONO MN 55356
38 33-118-23 24 0029
SUSAN E & WILLIAM R BAYER
2839 GOLDENROD WAY
LONG LAKE MN 55356
38 33-118-23 24 0030
MARGARET BAKER
2841 GOLDENROD WAY
LONG LAKE MN 55356
38 33-118-23 24 0037
DEAN KEVIN KNUDSON
535 SANDHILL DR
LONG LAKE MN 55356
38 33-118-23 24 0038
JONPAUL PATRICK HANSEN
495 SANDHILL DR
LONG LAKE MN 55356
38 33-118-23 24 0039
ELIZABETH BRADY
485 SANDHILL DR
ORONO MN 55356
38 33-118-23 24 0040
DAVID QUALE & ANGELA QUALE
475 SANDHILL DR
ORONO MN 55356
38 33-118-23 24 0041
ANGELA KRTNICK COMPLIN
DANIEL RAYMOND COMPLIN
2830 GOLDENROD WAY
LONG LAKE MN 55356
38 33-118-23 24 0042
MICHAEL SCOTT ANDERSON
KAYLA MARIE KIENZLE
2840 GOLDENROD WAY
LONG LAKE MN 55356
38 33-118-23 24 0043
ROSS A/MADELEINE G ARNEBERG
2850 GOLDENROD WAY
LONG LAKE MN 55356
38 33-118-23 24 0044
JEREMY PHILLIPS
AMANDA PHILLIPS
2860 GOLDENROD WAY
LONG LAKE MN 55356
38 33-118-23 24 0045
AJ HELGERSON
JILLIAN MARIE HELGERSON
2870 GOLDENROD WAY
LONG LAKE MN 55356
38 33-118-23 24 0046
JASON BERGLUND
AMANDA BERGLUND
2880 GOLDENROD WAY
LONG LAKE MN 55356
38 33-118-23 31 0018
CITY OF ORONO
2750 KELLEY PKWY
ORONO MN 55356
38 33-118-23 32 0002
B N & SANTA FE RR CO
PROPERTY TAX DEPT
PO BOX 961089
FORT WORTH TX 76161
38 33-118-23 42 0003
WILLIAM & ELIZABETH BRUNING
315 SILVER MEADOW DR
LONG LAKE MN 55356
123
38 33-118-23 42 0004
SHAWN W CADWALLADER
149 DELLWOOD CT SE
PALM BAY FL 32909
38 33-118-23 42 0005
SHAWN W CADWALLADER
149 DELLWOOD CT SE
PALM BAY FL 32909
38 33-118-23 42 0006
AMANDA A SULLIVAN
DANIEL S YEAGER
330 SILVER MEADOW DR
LONG LAKE MN 55356
38 33-118-23 42 0008
RYAN NEAL KLUG
KATHERINE RUTH KLUG
2680 SILVER VIEW DR
LONG LAKE MN 55356
38 33-118-23 42 0016
BARBARA J WHITNEY
COURTNEY W WHITNEY
2715 SILVER VIEW DR
LONG LAKE MN 55356
124
I HEREBY CERTIFY THAT THIS PLAN WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION, AND THAT I AM
A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA.
SIGNATURE: __________________________________________TYPED OR PRINTED NAME: MATTHEW R. HAGSTROM
DATE: 09/18/2024 LICENSE NUMBER: 50731 Designed By:Date:
Job No.:
FOR AND ON BEHALF OF
HAGSTROM ENGINEERING PLLC
Checked By:811
CALL 2 BUSINESS DAYS IN ADVANCE BEFORE
YOU DIG, GRADE OR EXCAVATE FOR THE
MARKING OF UNDERGROUND MEMBER
UTILITIES.
CALL GOPHER STATE ONE CALL
BENCHMARK:ByDateDescription of RevisionsNo.Sheet of
D
C
B
A
54321
219 6TH AVENUE EAST
ALEXANDRIA, MN 56308
P.320.759.0764
WWW.HAGSTROMENG.COM
HAGSTROM
ENGINEERING
CIVIL ENGINEERS | LAND CONSULTANTS
CAUTION: IF THIS SHEET IS NOT 24"X36" IT IS A REDUCED PRIN
C5.0C1.0
NOT FOR CONSTRUCTIONC1.0ORONO GARAGE CONDOSSITE PLANCOVER SHEET09/18/2024
24015 LEHMRHSITE PLAN
LOT 1, BLOCK 1, CRYSTAL BAY BUSINESS CENTER
HENNEPIN COUNTY, STATE OF MINNESOTA
SHEET INDEX
C1.0 COVER SHEET
C2.0 EXISTING SITE & DEMO
C3.0 PROPOSED SITE PLAN
C3.1 PROPOSED UTILITY PLAN
C4.0 PRELIMINARY GRADING & EROSION CONTROL PLAN
C5.0 - C5.2 CONSTRUCTION DETAILS
CONTACT LIST
OWNER
ORONO GARAGE CONDOS
5840 CLUB VALLEY ROAD
SHOREWOOD, MN 55331
(952) 200-6384
CONTACT: DAVE RAMSEY, ROB PAGE
CIVIL ENGINEER
HAGSTROM ENGINEERING
219 6TH AVENUE E
ALEXANDRIA, MN 56308
320-759-0764
CONTACT: MATT HAGSTROM
SITE
OLD CRYSTAL BAY RD NWAYZATA BLVD
WILLOW DRIVE NSTATE HWY 12
125
OLD CRYSTAL BAY ROADMNDOT RIGHT OF WAY PLAT NO 27-129
TEMPUS ORONO LLC
PID: 3311823130020 METRO STORAGE
ORONO LLC
PID: 3311823130019
WJM PROPERTIES LLC
PID: 3311823130015
ORONO PRESERVE
RESIDENTIAL
DEVELOPMENT
ORONO INDUSTRIAL BOULEVARD
ST ST
ST
PROPOSED IMPROVEMENTS SHOWN AS EXISTING
EX. 10.0' EASEMENT
EX. 10.0' EASEMENT
EX. 10.0' EASEMENT
EX. 22.0' EASEMENT
S89°43'30"E 1,898.43'N00°16'00"E 1,898.43'N
5
5
°
2
3
'
0
7
"
W
1
,
8
9
8
.
4
3
'
N89°11'02"W 1,898.43'S00°14'12"W 1,898.43'EX. 8" WATER MAIN, T.R. (TYP)
EX. 8" WATER STUB, T.R.
EX. 8" WATER STUB, T.R.
EX. SAN. MH WITH 8" MAIN, T.R.
EX. 8" SAN., T.R. (TYP)
EX. BOUNDARY (TYP)
EX. 60.0' ROW
EX. 66.0' ROW
EX. STORM SEWER, T.R. (TYP)
EX. CULVERT,
41.4 LF T.B.R.
EX. BOUNDARY (TYP)
EX. FENCE, T.B.R.
EX. STORM SEWER STRUCTURES, T.R. (TYP)
EX. WALL, T.R. (TYP)
EX. FENCE, T.B.R.
EX. WALK, T.R. (TYP)
EX. CURB & GUTTER,
T.R. (TYP)
EX. FIRE HYD., T.R. (TYP)
EX. FENCE, T.R. (TYP)
I HEREBY CERTIFY THAT THIS PLAN WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION, AND THAT I AM
A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA.
SIGNATURE: __________________________________________TYPED OR PRINTED NAME: MATTHEW R. HAGSTROM
DATE: 09/18/2024 LICENSE NUMBER: 50731 Designed By:Date:
Job No.:
FOR AND ON BEHALF OF
HAGSTROM ENGINEERING PLLC
Checked By:811
CALL 2 BUSINESS DAYS IN ADVANCE BEFORE
YOU DIG, GRADE OR EXCAVATE FOR THE
MARKING OF UNDERGROUND MEMBER
UTILITIES.
CALL GOPHER STATE ONE CALL
BENCHMARK:ByDateDescription of RevisionsNo.Sheet of
D
C
B
A
54321
219 6TH AVENUE EAST
ALEXANDRIA, MN 56308
P.320.759.0764
WWW.HAGSTROMENG.COM
HAGSTROM
ENGINEERING
CIVIL ENGINEERS | LAND CONSULTANTS
CAUTION: IF THIS SHEET IS NOT 24"X36" IT IS A REDUCED PRIN
C5.0C2.0
NOT FOR CONSTRUCTIONC2.0ORONO GARAGE CONDOSSITE PLANEXISTING SITE AND DEMO PLAN09/18/2024
24015 LEHMRH0
SCALE: 1" =
ORIGINAL GRAPHIC SCALE
15 30 60
30'
EXISTING PROPERTY BOUNDARY
EXISTING RIGHT OF WAY
EXISTING LOT
EXISTING EASEMENT
EXISTING STORM SEWER W/ MANHOLE
EXISTING SANITARY SEWER W/ MANHOLE
EXISTING WATER MAIN W/ VALVE & HYDRANT
EXISTING ELECTRIC
EXISTING ELECTRICAL PEDESTAL
EXISTING GAS
EXISTING TELEPHONE
EXISTING CONCRETE
EXISTING ASPHALT
EXISTING FENCE
EXISTING CURB & GUTTER
EXISTING
TYPICAL
TO REMAIN
TO BE REMOVED
EX.
(TYP)
T.R.
T.B.R.
S
E
NOTES:
1.CONTRACTOR SHALL FIELD VERIFY SIZE AND LOCATION OF ALL
EXISTING UTILITIES PRIOR TO CONSTRUCTION AND NOTIFY THE
ENGINEER WITH ANY DISCREPANCIES.
2.CONTRACTOR IS RESPONSIBLE FOR PROVIDING ALL NECESSARY
CONSTRUCTION STAKING.
3.INSTALL PERIMETER BMP'S PRIOR TO ANY CONSTRUCTION, SEE
SHEET C5.0.
4.ALL TREES AND TREE ROOT ZONES OUTSIDE OF THE LIMITS OF
CONSTRUCTION SHALL NOT BE DISTURBED.
5.SEE SHEET C5.0 - C5.2 FOR CONSTRUCTION DETAILS.
ST
LEGEND
126
OLD CRYSTAL BAY ROADMNDOT RIGHT OF WAY PLAT NO 27-129
TEMPUS ORONO LLC
PID: 3311823130020 METRO STORAGE
ORONO LLC
PID: 3311823130019
WJM PROPERTIES LLC
PID: 3311823130015
ORONO PRESERVE
RESIDENTIAL
DEVELOPMENT
ORONO INDUSTRIAL BOULEVARD
PROPOSED IMPROVEMENTS SHOWN AS EXISTING
EX. 10.0' EASEMENT
EX. 10.0' EASEMENT
EX. 10.0' EASEMENT
EX. 22.0' EASEMENT
S89°43'30"E 1,898.43'N00°16'00"E 1,898.43'N
5
5
°
2
3
'
0
7
"
W
1
,
8
9
8
.
4
3
'
N89°11'02"W 1,898.43'S00°14'12"W 1,898.43'20.0' SETBACK
35.0' SETBACK
35.0' SETBACK
10.0' SETBACK
EX. BOUNDARY
EX. BOUNDARY
EX. 60.0' ROW
EX. 66.0' ROW
40.0'
50.0'
50.0'50.0'
20.0'20.0'
4.0' CONCRETE
APRON (TYP)
40.0'
240.0'
20.0'20.0'
46.0'
275.0'275.0'
92.0'
92.0'
275.0'
275.0'260.0'
3.0' CONCRETE
PAN (TYP)
32.0'
R25.0'
R20.0'
19.5'
ASPHALT
14.5'
ASPHALT
20.0'
20.0'
31.0'
31.0'31.0'
24.0'24.0'
31.0'
24.0'
31.0'
24.0'
20.0'
20.0'
PROPOSED IFC TURNAROUND AT ENTRANCE
40.0'
46.0'
19.5'
ASPHALT 19.5'
ASPHALT
8.5' ASPHALT
8.5' ASPHALT
BUILDING 1
BUILDING 2
BUILDING 3 BUILDING 4 BUILDING 5
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35 36
37
38
39
40
41
42
43
44
45 46
47
48
49
50
51
52
53
54
55 56
57
58
59
60
61
62
63
64
65 66
67
68
69
70
71
72
73
74
75 76
77
78
79
80
81
82
83
84
85
PROPOSED FENCE PER CITY
OF ORONO STANDARDS (TYP)
SLIDING GATE W/
ELECTRONIC ACCESS,
DESIGNED BY OTHERS
PROPOSED FENCE PER CITY
OF ORONO STANDARDS (TYP)
PROPOSED FENCE PER CITY
OF ORONO STANDARDS (TYP)PROPOSED
RETAINING WALL
I HEREBY CERTIFY THAT THIS PLAN WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION, AND THAT I AM
A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA.
SIGNATURE: __________________________________________TYPED OR PRINTED NAME: MATTHEW R. HAGSTROM
DATE: 09/18/2024 LICENSE NUMBER: 50731 Designed By:Date:
Job No.:
FOR AND ON BEHALF OF
HAGSTROM ENGINEERING PLLC
Checked By:811
CALL 2 BUSINESS DAYS IN ADVANCE BEFORE
YOU DIG, GRADE OR EXCAVATE FOR THE
MARKING OF UNDERGROUND MEMBER
UTILITIES.
CALL GOPHER STATE ONE CALL
BENCHMARK:ByDateDescription of RevisionsNo.Sheet of
D
C
B
A
54321
219 6TH AVENUE EAST
ALEXANDRIA, MN 56308
P.320.759.0764
WWW.HAGSTROMENG.COM
HAGSTROM
ENGINEERING
CIVIL ENGINEERS | LAND CONSULTANTS
CAUTION: IF THIS SHEET IS NOT 24"X36" IT IS A REDUCED PRIN
C5.0C3.0
NOT FOR CONSTRUCTIONC3.0ORONO GARAGE CONDOSSITE PLANPROPOSED SITE PLAN09/18/2024
24015 LEHMRH0
SCALE: 1" =
ORIGINAL GRAPHIC SCALE
15 30 60
30'
NOTES:
1.CONTRACTOR SHALL FIELD VERIFY SIZE AND LOCATION OF ALL
EXISTING UTILITIES PRIOR TO CONSTRUCTION AND NOTIFY THE
ENGINEER WITH ANY DISCREPANCIES.
2.CONTRACTOR IS RESPONSIBLE FOR PROVIDING ALL NECESSARY
CONSTRUCTION STAKING.
3.INSTALL PERIMETER BMP'S PRIOR TO ANY CONSTRUCTION, SEE SHEET
C5.0.
4.ALL TREES AND TREE ROOT ZONES OUTSIDE OF THE LIMITS OF
CONSTRUCTION SHALL NOT BE DISTURBED.
5.SEE SHEETS L1.0 - L1.1 FOR DETAILED LANDSCAPE PLANS.
6.SEE SHEETS C5.0 - C5.2 FOR CONSTRUCTION DETAILS.
LEGEND
EXISTING PROPERTY BOUNDARY
EXISTING RIGHT OF WAY
EXISTING EASEMENT
PROPOSED CONCRETE
EXISTING ASPHALT
PROPOSED ASPHALT
PROPOSED FENCE
EXISTING FENCE
EXISTING CURB & GUTTER
EXISTING
TYPICAL
EX.
(TYP)
127
OLD CRYSTAL BAY ROADMNDOT RIGHT OF WAY PLAT NO 27-129SFORONO INDUSTRIAL BOULEVARD
ST ST
ST
S S S S S S
WFWFWFWFWFWFWFWSSSSSSSEX. BOUNDARY (TYP)
EX. WATER (TYP)
EX. STORM SEWER (TYP)
8" GATE VALVE
N: 171,394.94
E: 445,856.86
8" TEE W/ TB
N: 171,395.01
E: 445,842.14
8" TEE W/ TB
N: 171,395.69
E: 445,700.14
8" GATE VALVE
N: 171,395.87
E: 445,663.988" 90° BEND W/ TB
& 6" REDUCER
N: 171,396.61
E: 445,509.15
CONNECT TO EX. WATER
N: 171,400.01
E: 445,842.17
CONNECT TO EX. WATER
N: 171,400.69
E: 445,700.16
5.0 LF~8" C900 PRIVATE WATER MAIN
14.7 LF~8" C900 PRIVATE WATER MAIN
122.0 LF~8" C900 PRIVATE WATER MAIN
100.0 LF~8" C900 PRIVATE WATER MAIN
5.0 LF~8" C900 PRIVATE WATER MAIN
EX. SSMH-1
4' SSMH
N: 171,410.28
E: 445,777.76
BUILDING 1
BUILDING 2
BUILDING 3 BUILDING 4 BUILDING 5
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45 46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65 66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
8" X 6" TEE W/ TB
N: 171,396.13
E: 445,609.14
8" X 6" TEE W/ TB
N: 171,396.03
E: 445,629.14
8" X 6" TEE W/ TB
N: 171,395.45
E: 445,751.14 8" X 6" TEE W/ TB
N: 171,395.35
E: 445,771.14 8" X 6" TEE W/ TB
N: 171,394.77
E: 445,893.14
8" X 6" TEE W/ TB
N: 171,394.67
E: 445,913.14
8" 90° BEND W/ TB
& 6" REDUCER
N: 171,394.08
E: 446,035.14
20.0 LF~8" C900 PRIVATE WATER MAIN
36.2 LF~8" C900 PRIVATE WATER MAIN
20.0 LF~8" C900 PRIVATE WATER MAIN
34.8 LF~8" C900 PRIVATE WATER MAIN
51.0 LF~8" C900 PRIVATE WATER MAIN
20.0 LF~8" C900 PRIVATE WATER MAIN
71.0 LF~8" C900 PRIVATE WATER MAIN
36.3 LF~8" C900 PRIVATE WATER MAIN
METER PIT
N: 171,390.19
E: 445,514.15
METER PIT
N: 171,388.10
E: 445,604.13 METER PIT
N: 171,389.61
E: 445,634.10
METER PIT
N: 171,389.08
E: 445,746.14
METER PIT
N: 171,388.93
E: 445,776.14
METER PIT
N: 171,388.40
E: 445,888.14
METER PIT
N: 171,388.25
E: 445,918.14
METER PIT
N: 171,387.71
E: 446,030.14
TYPICAL 6" FIRE SERVICE
TYPICAL WATER SERVICE
14.0 LF WATER
SERVICE
14.0 LF 6" FIRE
SERVICE W/
GATE VALVE
8" PRIVATE SANITARY MAIN
6" SANITARY SERVICE (TYP)
8" PRIVATE
SANITARY MAIN
6" SANITARY SERVICE (TYP)
I HEREBY CERTIFY THAT THIS PLAN WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION, AND THAT I AM
A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA.
SIGNATURE: __________________________________________TYPED OR PRINTED NAME: MATTHEW R. HAGSTROM
DATE: 09/18/2024 LICENSE NUMBER: 50731 Designed By:Date:
Job No.:
FOR AND ON BEHALF OF
HAGSTROM ENGINEERING PLLC
Checked By:811
CALL 2 BUSINESS DAYS IN ADVANCE BEFORE
YOU DIG, GRADE OR EXCAVATE FOR THE
MARKING OF UNDERGROUND MEMBER
UTILITIES.
CALL GOPHER STATE ONE CALL
BENCHMARK:ByDateDescription of RevisionsNo.Sheet of
D
C
B
A
54321
219 6TH AVENUE EAST
ALEXANDRIA, MN 56308
P.320.759.0764
WWW.HAGSTROMENG.COM
HAGSTROM
ENGINEERING
CIVIL ENGINEERS | LAND CONSULTANTS
CAUTION: IF THIS SHEET IS NOT 24"X36" IT IS A REDUCED PRIN
C5.0C3.1
NOT FOR CONSTRUCTIONC3.1ORONO GARAGE CONDOSSITE PLANPROPOSED UTILITY PLAN09/18/2024
24015 LEHMRH0
SCALE: 1" =
ORIGINAL GRAPHIC SCALE
15 30 60
30'
LEGEND
EXISTING STORM SEWER,
MANHOLE, F.E.S. AND INLET
PROPOSED STORM SEWER,
MANHOLE, F.E.S. AND INLET
EXISTING ROW
PROPOSED ROW
EXISTING LOT LINE
PROPOSED LOT LINE
PROPERTY BOUNDARY
PROPERTY SETBACK
EXISTING EASEMENT
PROPOSED EASEMENT
PROPOSED SANITARY SEWER W/ MH
EXISTING SANITARY SEWER W/ MH
PROPOSED UNDERDRAIN AND CLEANOUT
PROPOSED WATER LINE, VALVE AND
FIRE HYDRANT
EXISTING WATER LINE AND VALVE
PROPOSED WATER SERVICE W/ METER
PROPOSED SANITARY SERVICE
EXISTING GAS LINE
EXISTING OVERHEAD ELECTRIC
EXISTING ELECTRIC
EXISTING CABLE TV
EXISTING FIBER OPTIC
EXISTING TELEPHONE
EXISTING IRRIGATION
CAUTION! UTILITY CROSSING
LOWERING MAY BE REQUIRED
EXISTING LIGHT POLE
PROPOSED LIGHT POLEWSS
NOTES:
1.CONTRACTOR SHALL FIELD VERIFY SIZE AND LOCATION OF ALL EXISTING UTILITIES
PRIOR TO CONSTRUCTION AND NOTIFY THE ENGINEER WITH ANY DISCREPANCIES.
2.CONTRACTOR IS RESPONSIBLE FOR PROVIDING ALL NECESSARY CONSTRUCTION
STAKING.
3.INSTALL PERIMETER BMP'S PRIOR TO ANY CONSTRUCTION, SEE SHEET C5.0.
4.ALL TREES AND TREE ROOT ZONES OUTSIDE OF THE LIMITS OF CONSTRUCTION
SHALL NOT BE DISTURBED.
5.ALL SANITARY SEWER SERVICES ARE 6" DIAMETER WITH 1% SLOPE AND A
STANDARD 1.2' WYE CONNECTION TO THE 8" PRIVATE MAIN UNLESS OTHERWISE
NOTED.
6.ALL PRIVATE WATER MAINS ARE 8" DIAMETER, MAINTAIN POSITIVE GRADE, 8' MIN.
COVER.
7.ALL WATER MAINS AND SERVICES SHALL MEET AWWA C900 QUALITY STANDARD.
8.AN ACCESSIBLE BLUE 14 AWG MINIMUM TRACER WIRE SUITABLE FOR DIRECT BURY
MUST BE USED
9.SEE SHEET C5.0 - C5.2 FOR CONSTRUCTION DETAILS.P:\24015_Orono Car Condo's\CAD\CD's\24015_C3.1-Proposed Utility Plan.dwg, 1/21/2025 4:13:17 PM, 1:1, LEH128
OLD CRYSTAL BAY ROADMNDOT RIGHT OF WAY PLAT NO 27-129
PID: 3311823130019
WJM PROPERTIES LLC
PID: 3311823130015
ORONO PRESERVE
DEVELOPMENT
ORONO INDUSTRIAL BOULEVARD
ST ST
ST
PROPOSED IMPROVEMENTS SHOWN AS EXISTING
EX. BOUNDARY
EX. BOUNDARY
10251021
10
1
8101910231023102110241025
1027 10261028
1028102810261018
1017
1016
1018
10241026
1023.
9
7
1023.
7
7
1023.14 1022.42
1021.71
1021.
6
2
1025.
2
5
1025.
2
5
1024.58
1023.
8
7
1023.
1
6
1023.
1
5
PROPOSED
BUILDING 1
FFE = 1025.79
PROPOSED
BUILDING 2
FFE = 1026.00
PROPOSED
BUILDING 3
FFE = 1025.06
PROPOSED
BUILDING 4
FFE = 1024.35
PROPOSED
BUILDING 5
FFE = 1023.68
1025.89 ME 1025.32 ME
1025.79 TOC
1025.71 TOC
1025.87 TOC
1026.00 TOC
1025.12 TOC
1024.92 TOC
1025.17 TOC
1025.33 TOC
1024.66 TOC
1024.50 TOC
1025.25 TOC
1025.33 TOC
1025.06 TOC
1024.98 TOC
1023.64 TOC
1023.72 TOC 1023.72 TOC
1023.64 TOC
1025.06 TOC
1024.90 TOC 1024.27 TOC
1024.35 TOC 1024.35 TOC
1024.19 TOC 1023.58 TOC
1023.68 TOC
1022.49 TOC
1022.34 TOC
4.0%
6.6%
4.9%
6.3%
3.6%
2.4%
3.9%
3.3%
2.4%
3.7%
2.1%
5.4%
6.2%
6.5%
5.5%0.5%0.5%0.6%0.5%0.5%0.5%0.5%0.5%0.5%0.5%0.5%0.5%0.5%0.5%0.5%0.5%
4.9%
2.2%
3.3%
3.1%
1.8%4.0%
4.0%
4.0%4.0%
2.0%
4.0%
4.0%
4.0%
2.2%
4.0%
2.5%12.2%10.0%
10.0%
10.0%10.0%22.3%25.0%
25.0%25.0%10224.0%2.1%2.1%6.1%11.2%3.6%3.4%2.1%3.3%2.1%2.1%2.1%2.1%5.4%33.3%1.8%2.1%8.3%7.5%6.9%3.4%1
.
6%0.1%SF
SF
SF
SF
SF
IP
IP
VTC
CWA
1
0
2
2
1021
33.3%33.0%2.0%4.0%2.1%ECB
ECB
3.1%2.0%2.7%3.4%2.2%
1025.12 TOC
1025.79 TOC
PROPOSED
BUILDING 1
FFE = 1025.12
PROPOSED
BUILDING 2
FFE = 1025.33
PROPOSED
BUILDING 2
FFE = 1025.33
PROPOSED
BUILDING 2
FFE = 1024.66
PROPOSED
BUILDING 3
FFE = 1023.72
1024.39 TOC
PROPOSED
BUILDING 3
FFE = 1024.39
PROPOSED
BUILDING 4
FFE = 1023.67
PROPOSED
BUILDING 4
FFE = 1023.01
PROPOSED
BUILDING 5
FFE = 1023.01
PROPOSED
BUILDING 5
FFE = 1022.34
1025.63 TOC
1025.05 TOC
1025.75 TOC
1026.00 TOC
1025.74 TOC
1026.00 TOC
1025.33 TOC
1025.17 TOC
1024.59 TOC
1024.66 TOC
1024.31 TOC
1024.90 TOC
1025.06 TOC
1024.19 TOC
1024.34 TOC
1023.42 TOC
1023.68 TOC
1024.23 TOC
1024.39 TOC
1023.52 TOC
1023.67 TOC
1022.76 TOC
1023.01 TOC1024.39 TOC
1024.23 TOC
1025.06 TOC
1024.90 TOC
1024.34 TOC
1024.19 TOC
1023.67 TOC
1023.52 TOC
1024.31 TOC
1024.39 TOC
1023.64 TOC
1023.72 TOC
1023.60 TOC
1023.68 TOC
1023.60 TOC
1023.68 TOC
1023.64 TOC
1023.72 TOC
1022.26 TOC
1022.34 TOC
1022.92 TOC
1023.01 TOC
8" STEP
8" STEP
8" STEP
8" STEP
8" STEP
1022.93 TOC
1023.01 TOC 1023.01 TOC
1022.93 TOC
1022.93 TOC
1023.01 TOC
1022.93 TOC
1023.01 TOC
8" STEP
8" STEP
8" STEP
8" STEP
2.1%2.2%
3.1%
IP IP IP
3.8%
2.0%
2.0%
3.8%
2.0%2.0%
6.8%
2.0%2.0%10241024
1020
I HEREBY CERTIFY THAT THIS PLAN WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION, AND THAT I AM
A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA.
SIGNATURE: __________________________________________TYPED OR PRINTED NAME: MATTHEW R. HAGSTROM
DATE: 09/18/2024 LICENSE NUMBER: 50731 Designed By:Date:
Job No.:
FOR AND ON BEHALF OF
HAGSTROM ENGINEERING PLLC
Checked By:811
CALL 2 BUSINESS DAYS IN ADVANCE BEFORE
YOU DIG, GRADE OR EXCAVATE FOR THE
MARKING OF UNDERGROUND MEMBER
UTILITIES.
CALL GOPHER STATE ONE CALL
BENCHMARK:ByDateDescription of RevisionsNo.Sheet of
D
C
B
A
54321
219 6TH AVENUE EAST
ALEXANDRIA, MN 56308
P.320.759.0764
WWW.HAGSTROMENG.COM
HAGSTROM
ENGINEERING
CIVIL ENGINEERS | LAND CONSULTANTS
CAUTION: IF THIS SHEET IS NOT 24"X36" IT IS A REDUCED PRIN
C5.0C4.0
NOT FOR CONSTRUCTIONC4.0ORONO GARAGE CONDOSSITE PLANPROPOSED GRADING & EROSIONCONTROL PLAN09/18/2024
24015 LEHMRH0
SCALE: 1" =
ORIGINAL GRAPHIC SCALE
15 30 60
30'
GRADING NOTES:
1.CONTRACTOR SHALL FIELD VERIFY SIZE AND LOCATION OF ALL
EXISTING UTILITIES PRIOR TO CONSTRUCTION AND NOTIFY THE
ENGINEER WITH ANY DISCREPANCIES.
2.CONTRACTOR IS RESPONSIBLE FOR PROVIDING ALL NECESSARY
CONSTRUCTION STAKING.
3.ALL ELEVATIONS ARE FLOWLINE UNLESS OTHERWISE NOTED
4.INSTALL PERIMETER BMP'S PRIOR TO ANY CONSTRUCTION.
5.ALL TREES AND TREE ROOT ZONES OUTSIDE OF THE LIMITS OF
CONSTRUCTION SHALL NOT BE DISTURBED.
6.SEE SHEET C5.0 FOR CONSTRUCTION DETAILS.
LEGEND
EXISTING 1' AND 5' CONTOURS
PROPOSED 1' AND 5' CONTOURS
PROPOSED SPOT ELEVATION
FLOW DIRECTION & GRADE
FINISHED FLOOR ELEVATION
MATCH EXISTING
TOP OF CONCRETE
HIGH POINT
TOP OF WALL
BOTTOM OF WALL
LIMITS OF DISTURBANCE
SILT FENCE
1,000 LF
INLET PROTECTION
5 EA
VEHICLE TRACKING CONTROL
1 EA
EROSION CONTROL BLANKET
550 SY
CONCRETE WASHOUT AREA
1 EA
FFE
ME
TOC
HP
TOW
BOW
1432.
3
1431
1430
1431
1430
2.00%
EROSION CONTROL NOTES:
1.INSTALL PERIMETER BMP'S PRIOR TO ANY CONSTRUCTION.
2.SEE SHEET C5.0 FOR BMP DETAILS AND BMP MAINTENANCE NOTES.
3.THE CONTRACTOR SHALL PERFORM STREET SWEEPING AT THE END OF EACH WORK
DAY TO MITIGATE ANY SOIL ON PERIMETER STREETS.
4.THE CONTRACTOR SHALL INSPECT THE BMP'S WEEKLY OR AFTER ANY SIGNIFICANT
RAIN EVENT AND REPAIR BMP'S AS REQUIRED.
5.STOCKPILE AND STAGING LOCATION TO BE APPROVED BY ENGINEER.
6.ALL DISTURBED AREAS THAT ARE NOT HARDSCAPED SHALL RECEIVE PERMANENT
STABILIZATION PER LANDSCAPE PLAN.
7.SEE SWPPP DOCUMENT BY HAGSTROM ENGINEERING FOR SEEDING, INSPECTION,
AND MAINTENANCE REQUIREMENTS. .
SF
IP
VTC
CWA
ECB
129
Designed By:Date:
Job No.:
FOR AND ON BEHALF OF
HAGSTROM ENGINEERING PLLC
Checked By:811
CALL 2 BUSINESS DAYS IN ADVANCE BEFORE
YOU DIG, GRADE OR EXCAVATE FOR THE
MARKING OF UNDERGROUND MEMBER
UTILITIES.
CALL GOPHER STATE ONE CALL
BENCHMARK:ByDateDescription of RevisionsNo.Sheet of
D
C
B
A
54321
219 6TH AVENUE EAST
ALEXANDRIA, MN 56308
P.320.759.0764
WWW.HAGSTROMENG.COM
HAGSTROM
ENGINEERING
CIVIL ENGINEERS | LAND CONSULTANTS
CAUTION: IF THIS SHEET IS NOT 24"X36" IT IS A REDUCED PRIN
C5.0C5.0
NOT FOR CONSTRUCTIONC5.0ORONO GARAGE CONDOSSITE PLANCONSTRUCTION DETAILS09/18/2024
24015 LEHMRHHEAVY DUTY BITUMINOUS PAVEMENT SECTION*
N.T.S.
2" WEAR COURSE MIXTURE SPWEA340C
2" NON-WEARING COURSE MIXTURE SPNWA340C
10" AGGREGATE BASE CLASS 5
TACK COAT PER MNDOT 2357
COMPACTED SUBGRADE
3.00'
6"
1"
CONCRETE V-PAN DETAIL
N.T.S.
* PAVEMENT SECTION BASED ON RECOMMENDATION OF GEOTECHNICAL
ENGINEER. FINAL APPROVAL OF PAVEMENT SECTION PER OWNER.
DEFINITION
A DESIGNATED, SHALLOW EXCAVATION WITH A PERIMETER
BERM, SILT FENCE, AND VTC, DESIGNED FOR CONCRETE
WASHOUT OPERATIONS.
PURPOSE
TO CONTAIN WASTE FROM CONCRETE TRUCKS, SMALL
BATCH CONCRETE MIXERS, PUMP TRUCKS, AND OTHER
WASHOUT OPERATIONS.
8'x8' MIN.
3:13:1
9' MIN.
1' MIN.
8'x8' MIN.9' MIN.
3:1 3:1
1' MIN.
2%
VEHICLE TRACKING
CONTROL. SEE
DETAIL VTC.
VEHICLE TRACKING
CONTROL. SEE
DETAIL VTC
SILT FENCE AROUND
EARTH BERM. SEE
DETAIL SF.
SILT FENCE AROUND
EARTH BERM. SEE
DETAIL SF.
3' MIN.
EXISTING
GRADE
COMPACTED
EMBANKMENT
MATERIAL
CONSTRUCTION
SIGN (MANDATORY)
CONCRETE WASHOUT AREA
N.T.S.
CWA
INSTALL POLY LINER
DEFINITION
A TEMPORARY SEDIMENT BARRIER PLACED ON-GRADE.
PURPOSE
TO INCREASE SEDIMENTATION FROM SEDIMENT LADEN
RUNOFF AND SLOW THE VELOCITY OF STORM RUNOFF.
NOTES
1.SEE DETAIL CS FOR ROCK SOCKS USED IN CURB FLOW LINE.
2.SEE DETAIL IP FOR ROCK SOCKS (CURB SOCK) USED AS ON-GRADE CURB INLET PROTECTION.
3.SEE DETAIL IP-A FOR ROCK SOCKS USED AS SUMP CURB INLET PROTECTION.
4.SEE DETAIL RCS FOR ROCK SOCKS USED AS ROUGH CUT STREET CONTROL.
5.SEE DETAIL CP FOR ROCK SOCKS USED AS CULVERT PROTECTION
JOINT DETAIL
VARIABLE
LENGTH
10" OR 4"
WIRE TIE ENDS
3/4" GRAVEL IN
1/4" WIRE MESH
12"12"
ANY GAP AT JOINTS SHALL BE FILLED
WITH AN ADEQUATE AMOUNT OF 3/4"
GRAVEL WRAPPED WITH 1/4" WIRE
MESH SECURED TO ENDS OF ROCK
SOCK.
ROCK SOCK
N.T.S.
RS
130
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HAGSTROM
ENGINEERING
CIVIL ENGINEERS | LAND CONSULTANTS
CAUTION: IF THIS SHEET IS NOT 24"X36" IT IS A REDUCED PRIN
C5.0C5.1
NOT FOR CONSTRUCTIONC5.1ORONO GARAGE CONDOSSITE PLANCONSTRUCTION DETAILS09/18/2024
24015 LEHMRH131
Designed By:Date:
Job No.:
FOR AND ON BEHALF OF
HAGSTROM ENGINEERING PLLC
Checked By:811
CALL 2 BUSINESS DAYS IN ADVANCE BEFORE
YOU DIG, GRADE OR EXCAVATE FOR THE
MARKING OF UNDERGROUND MEMBER
UTILITIES.
CALL GOPHER STATE ONE CALL
BENCHMARK:ByDateDescription of RevisionsNo.Sheet of
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C
B
A
54321
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ALEXANDRIA, MN 56308
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WWW.HAGSTROMENG.COM
HAGSTROM
ENGINEERING
CIVIL ENGINEERS | LAND CONSULTANTS
CAUTION: IF THIS SHEET IS NOT 24"X36" IT IS A REDUCED PRIN
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NOT FOR CONSTRUCTIONC5.2ORONO GARAGE CONDOSSITE PLANCONSTRUCTION DETAILS09/18/2024
24015 LEHMRH132
Date: February 18, 2025 Item: 6.2
Presenter: Melanie Curtis, Planner
Section: Public Hearings
Title: LA24-000059, Blue Pencil Collective o/b/o Bradley Pass, 215 North Arm
Lane, Preliminary Plat: "Idyllvale Shores", Public Hearing, Review #2 (Melanie
Curtis)
1.Purpose:
This application contemplates preliminary plat approval to create five, 2+ acre buildable lots and a
new private road. Two lots are proposed to be lakeshore lots. The existing properties are located
within the LR-1A and RR-1B zoning districts.
2.MN§15.99 Application Deadline:
The application was received on October 23rd and considered to be substantially complete on
November 6, 2024. The 120-day subdivision application review timing was scheduled to end on
March 6, 2025. Due to the delay caused by the cancelation of the January planning commission
meeting, the applicant requested an extension until May 6th.
3.Background:
This application was originally presented at the Planning Commission's November 18th meeting at
which time it was tabled to allow the Developer to make revisions based on the feedback provided
(November PC Staff Report; Meeting Video). The public hearing was continued.
The Developer has provided a revised plan for review, the full analysis of which is included in the
Planning Report attached as Exhibit A.
4.Public Comment:
Comments from the public are attached as Exhibit J.
5.Staff Recommendation:
Staff recommends tabling the application to allow the Developer to respond to the City Engineer's
comments, and MCWD comments, before forwarding the application on to City Council.
6.Planning Commission Action Requested:
The Commission should review the recommendations provided and direct the Developer
accordingly.
If the Commission is satisfied that the Developer will make recommended changes to the approved
plan a conditional approval recommendation may be appropriate. However, if the Commission
wishes to formally review any changes or updates, the application should be tabled until the March
planning commission meeting.
AGENDA ITEM
Exhibits
Exhibit A - Preliminary Plat Memo2
133
Exhibit B - Plat rev 01182025
Exhibit C - Preliminary Plans 01182025
Exhibit D Lot Analysis Exhibit rev011825
Exhibit E MCWD comment 2
Exhibit F Comments City Engineer 2_2025-02-10
Exhibit G - Developer Extension
Exhibit H - Developer_Response to 2-10-25 City Comments
Exhibit I - Original Prel Plat Memo 1
Exhibit J - Public Comments
134
Date Application Received: 10/23/2024
Date Application Considered as Complete: 11/06/2024
120-Day Review Period Extension Expires: 05/06/2025
To: Chair Bollis and Planning Commission Members
Adam Edwards, City Administrator
From: Melanie Curtis, Planner mcc
Date: 18 February 2025
Subject: #LA24-000059, Blue Pencil Collective/Kelsey Johnson (Developer) o/b/o Bradley Pass
• 215 North Arm Lane, including PIDs 06-117-23-24-0002 and 06-117-23-23-0021
• Subdivision/Preliminary Plat: “Idyllvale Shores”
• Public Hearing – Continued (Review #2)
*REVISED* PRELIMINARY PLAT REVIEW
This application was tabled at the November 18, 2024 meeting where the Developer was directed to make
revisions based on staff recommendation and feedback from the planning commission and members of the
public. The developer was asked to revise the plans in response to the following comments:
1. The lot area calculations should be revised: Gross; Wet; and Dry, Contiguous calculations should be
provided. Complete.
2. Lots and outlots should be labeled as such. Complete.
3. Identify steep slopes, bluffs, and any slopes over 30% that are not bluffs. Complete.
4. Provide an additional drawing that shows the entire preliminary plat on one page. Complete.
5. Update the widths for Drainage and Utility Easements. Complete.
6. Topographic contours should be clearly labeled – existing and proposed. Complete.
7. Remove accessory structures and the lines showing the accessory structure setbacks. Complete.
8. Show all principal building setbacks/building envelopes. Complete.
9. 75-foot setback from the OHWL should be depicted. Complete.
The applicant provided a revised preliminary plat (dated 01/18/2025), addressing the majority of the comments,
which is attached as Exhibit B. They are proposing five, 2+ acre lots, one outlot, and a public road.
Road Layout and Standards
The developer is proposing to extend North Arm Lane with the new road terminating in a cul-de-sac in front of
proposed Lot 1. As shown, the plans reflect a 50-foot-wide road corridor extending to the west containing a
wide 24-foot-wide paved, curbed road to serve the lots in the development.
The new public road is proposed to extend 600 feet beyond the northerly extent of the existing North Arm Lane
off of North Arm Drive. This configuration results in a total road length of approximately 1,500 feet. The City
standards limit dead-end roads to 1,000 linear feet maximum. The Commission should discuss this, however
there does not appear to be a viable alternate access that would conform.
The radius of the revised roadway curve does not meet the City’s requirements. The Developer should provide
turning radius exhibits for fire apparatus and emergency response vehicles. As this is a low-volume/low-speed
residential road, the City could accept a 90-degree turn, as long as an emergency vehicle can make the turn. If
Application Summary: The revised application (dated 01/18/2025) contemplates preliminary plat approval to
create five, 2+ acre buildable lots and a new private road. The existing properties are within the LR-1A and RR-1B
districts. The properties will be served by a new, public road with a cul-de-sac extending north off of North Arm
Lane. All lots will be served by private wells and septic systems.
Staff Recommendation: Staff recommends tabling the application to allow the Developer to revise the plans to
address the comments from the MCWD and the City Engineer.
135
FILE #LA24-000059
18 February 2025
Page 2 of 4
not, we recommend a cul-de-sac with a connection to the south and west in this location.
The Developer originally proposed the new roads to be private. However, due to the dead-end nature of the
current public roadway, without a proper cul-de-sac or turnaround, the City Engineer suggested the new road to
be dedicated as public. The additional financial and maintenance burdens of accepting an extension of a new
city roadway may be offset by logistical improvements resulting in better maneuverability for snowplows in the
cul-de-sac.
Landscaping + Tree Preservation
The Developer has revised the landscape plan based on the reorientation of the road. The plan reflects the
installation of trees (consisting of a mix of honey locust, oak, and maple) in a relatively uniform placement along
both sides of the western road intermixed with existing trees. Removal of the northern road from the plan
reduces the new road length within the development to approximately 640 feet (total length of ±1500 feet).
Based on this, 16 trees are required.
The revised landscape plan (page 14 of Exhibit C) shows 33 new trees to be planted along the new road,
however, the plant schedule on this page lists the number of proposed trees as 38. While the City supports the
Developer’s proposal to plant additional trees, the Developer should correct the discrepancy on the plan.
Lot Layout + Lot Standards – LR-1A, Lakeshore Residential and RR-1B, Rural Residential
The LR-1A and RR-1B districts each have a minimum lot area requirement of 2.0 dry, contiguous acres and 200
feet in width for each newly created lot.
According to the City Code, lot width for non-lakeshore lots in either district is measured at the 50-foot front
building setback paralleling the roadway. For lakeshore lots, the minimum 200-foot width is measured in a
straight line between the points where the side property lines intersect the 929.4’ OHWL contour for Lake
Minnetonka, and in a straight line measured at the required 75-foot structure setback from the OHWL.
As proposed, Lot 1 does not meet the required 200-foot width and should be modified.
Please review Exhibit D for a full breakdown
and code analysis of the proposed lots. The
plans currently reflect Lot 4 and Lot 5 as
lakeshore lots. However, the plans do not
show how the Developer intends to provide
access to the lakeshore across the wetlands
on these lots.
Grading. The developer’s plans show
elevations for building pads. The
establishment of new “existing grades” for
building height determination can be
contemplated as part of the plat approval.
This can only be accomplished through the
subdivision grading or by approval of an
interim use permit. As shown, the building
pad grading will be included in the required
development improvements covered by the
development security.
The plans were revised to show Lot 4 as a
lakeshore lot; the home location is
approximately 1,300 feet from the
lakeshore. This results in a reduction in road
hardcover, to be replaced by (narrower)
driveway hardcover serving Lot 4.
Staff further notes that the shape of Lot 4
(outlined in red) is unconventional, the
home site is connected to the lake and road
by narrow corridors.
136
FILE #LA24-000059
18 February 2025
Page 3 of 4
Utilities
Stormwater Drainage Improvements. Stormwater facilities will be required in addition to payment of the City’s
Stormwater Drainage Trunk fee. The Developer has submitted a revised stormwater management plan and
grading plans which are currently under review by the City Engineer and the MCWD. Their stormwater
management plan reflects the grading and creation of three stormwater infiltration basins to address the
stormwater resulting from the new hardcover of the development. All stormwater facilities, basins, swales, etc.
should be incorporated into drainage and utility easements on the Final Plat.
Comments from the MCWD are attached as Exhibit E. The Developer will be required to make adjustments to
their plans if directed by the MCWD or City Engineer. The final, approved stormwater management and grading
plans will be required as part of the Final Plat application submittals.
Septic Systems + Wells. The developer has provided septic designs for each of the proposed lots. Individual
septic system installation permits will be required in conjunction with building permits for the new homes.
Private water supply wells should also be sited with each of the building permits.
Development Fees
Stormwater Drainage Trunk Fee
The stormwater drainage trunk fee (“SWDT fee”) will be determined by the City’s Fee Schedule at the time
of the Final Plat submittal. According to the current 2024 Fee Schedule, the development of a property
within a 2-acre residential zone requires payment of $8,060 per each new lot and/or development of a
vacant lot. As proposed, the developer will be subject to payment of a SWDT fee for 4 lots or $32,240*.
Park/Trail Easement + Park Fees or Dedication
The Parks, Open Space, and Trail Plan chapter of the Orono Comprehensive Plan does not specify the need
for a neighborhood park at this location. The City’s Lowry Woods Nature Conservation Area is a passive park
located approximately 1/3 of a mile to the north of the property; the MN DNR’s Luce Line State trail is
located about ½ mile to the north. As there is no defined need for a land dedication for a park or trail in this
location, it would appear that the dedication of actual land for park purposes is not required. Absent the
need for a land dedication, a Park Dedication Fee would be appropriate according to the City Ordinance.
The development will be subject to the City’s 2025 Park Dedication Fee. This fee is determined by the fair
market value of the land being subdivided. The Hennepin County Assessor will be consulted to determine
the market value of the land to establish the amount of the fee. Currently, the project includes 3 separate
properties, two of which are currently buildable. The developer is proposing five building sites or 3 new lots.
The Park Fee for this development will be approximately $11,455.74*.
*The final fee amounts will be confirmed at the time of Final Plat submittal.
Issues for Discussion
1. The Commission should review and discuss the City Engineer’s comments with the Developer (Exhibit F;
dated 02/10/25).
2. Does the Commission find the proposed plan preserves the existing rural character in the area? Is the
landscape plan acceptable?
3. Does the Planning Commission agree with the Developer’s findings in the Conservation Design Master
Plan? If not, what is lacking?
137
FILE #LA24-000059
18 February 2025
Page 4 of 4
Staff Recommendation
Based on the staff review comments, staff cannot support the revised application. Staff suggests the
Commission review the issues for discussion outlined in this memo and the engineer's comments and provide
appropriate feedback to the Developer. The month delay resulting from the canceled January meeting allowed
the Developer to revise their plan to respond to some of the review feedback and provided written responses to
the city’s comments attached as Exhibit H.
Planning Commission has the following options:
1. Make a motion to approve the plat conditioned upon revised plans addressing all of the comments from
MCWD, planning, and engineering staff before placement on a City Council agenda for consideration; or
2. Make a motion to table, providing the Developer with specific feedback to address the comments. The
Developer should be directed to provide revised plans addressing all of the comments from the city and
the MCWD for consideration at the March Planning Commission meeting.
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Lot Analysis – Revised Plan 01/18/2025
Lot 1:
Proposed Lot 1 will have 2.19 total acres; all of which is upland, it is shown to meet the required 200-foot width at the front building setback line.
There are no wetland areas on the property. An approximate 1.0-acre building envelope is proposed. A building pad is proposed to be created for
a home by the Developer with a proposed garage elevation of 1,011’. As shown, this lot will conform.
Lot 2:
Lot 2 is shown with 2.0 total acres; all is dry, buildable acres. The property has a total width of approximately 200 feet of frontage on the road;
approximately 63 feet of which are located along the cul-de-sac. This lot will have an approximate 1.0-acre building envelope. A building pad for
a home with a 1003.2’ garage elevation is shown to be created by the Developer. As shown, this lot will conform.
Lot 3:
Lot 3 is 291 feet wide and has 3.2 total acres; 2.7 of the land is dry. The 0.44-acre wetland on the property is primarily in the northern portion
and is shared with proposed Lot 4. An infiltration basin is proposed on this property requiring easements. Accounting for the infiltration basin,
wetland, and wetland buffer areas, the building envelope is approximately 0.9 acre in area. The Developer is proposing a building pad for a home
with a garage-floor elevation of 973’. As shown, this lot will conform.
Lot 4:
Lot 4 has been revised to be a lakeshore lot. It has 9.2 total acres, 2.43 acres of wetland
leaving a total of 4.5 dry, contiguous acres. This lot is 268 feet wide at the OHWL and
357 feet wide at the 75-foot setback from the lake where 200 feet of width is required.
Lakeshore lots must have a minimum of an 18-foot-wide connection to a roadway, this
lot is proposed with a 32-foot-wide corridor connecting to the road.
This lot shares wetlands with Lots 3 and 5; an infiltration basin is proposed to be
constructed near the wetland shared with Lot 3 located between two buffer areas. The
buildable envelope, on the northern portion of the property, is approximately 2+ acres
although there are steeper slopes (~18%) on the northern portion of the property. A
building pad is proposed showing a garage-floor elevation of 986.5’. Within this
property, the developer proposes a culvert or other mechanism to construct the
driveway over the intermittent stream connecting wetlands on either side. Pedestrian
access to the lake portion of the property can be accomplished by the use of a
boardwalk will need to be coordinated with the MCWD. As shown, this lot will
conform.
Lot 5:
Lot 5 is proposed as a lakeshore lot. It is approximately 209 feet wide at the OHWL, and 221 feet wide at the 75-foot setback where 200 feet of
width is required. This lot shares a large wetland with Lot 4; there are 3.9 acres of wetland on this lot. It has 7.6 total acres in area, 2.2 acres of
which are contiguous dry, buildable. Approximately one acre of upland is situated between the wetland and the OHWL of the lake which is
disconnected from the building site and does not count toward buildability. As proposed, an infiltration basin is shown on the southeastern area
of the buildable portion of the lot near the building pad further limiting options for development. Only approximately ½ acre of buildable area
remains after removing the septic treatment areas, wetland buffer, and stormwater pond. A building pad with a garage elevation of 954.2’ is
shown. As shown, this lot will conform.
153
January 27, 2025
Pass Family Trust
Attn: Civil Methods- Kent Brander
215 North Arm Lane
Orono, MN 55364
CC: City of Orono- Melanie Curtis
RE: MCWD Permit Application #24-544: Idyllvale Shores Subdivision Development
Current Status: INCOMPLETE
Dear Applicants,
The Minnehaha Creek Watershed District (MCWD) received your first submittal on 11/05/24 and found
it to be incomplete. An incomplete letter was sent on 11/14/24, which outlined outstanding items.
Based on the updated plans submitted on 01/06/25, the application has been reviewed and found to be
incomplete. To help ensure a complete submittal, below is a detailed summary of revisions and
information that will be needed in order to comply with MCWD’s Erosion & Sediment Control,
Stormwater Management, Wetland Protection, Waterbody Crossings & Structures, and Floodplain
Alteration Rules.
Project Understanding
Based on MCWD’s understanding of the project scope, Pass Family Trust is proposing to create a 5-
parcel subdivision at 215 North Arm Lane in Orono, MN.
Erosion Control Rule
MCWD’s Erosion Control Rule is triggered by projects that propose to disturb more than 5,000 square
feet or move 50 cubic yards of material. The Project proposes to disturb 7.31 acres and excavate 10,000
cubic yards; therefore, the rule is triggered.
Current submittals meet these requirements.
Floodplain Alteration Rule
MCWD's Floodplain Alteration Rule is triggered when there is work below the 100-year flood elevation.
The 100-year high water elevation for Lake Minnetonka is 931.5 feet (NGVD 29). The 100-year high
water elevation for the tributary is unknown at this time and will need to be determined by the
applicant. This rule requires that compensatory storage be created to offset any proposed volume of fill.
The Project proposes to disturb land at or below the 100-year high-water level or proposes fill to be
154
placed below the 100-year high-water level for the placement of the northern driveway; therefore, the
rule is triggered. To meet MCWD’ Floodplain Alteration rule requirements, please address the following
items:
• Determine the OHW and 100-year elevations for the tributary driveway crossing.
• Existing conditions site plan:
o Existing elevation contours of the work area
o Ordinary high-water elevation (OHW)
o 100-year flood elevation
• Proposed site plan:
o Proposed elevation contours of the work area
o Ordinary high-water elevation (OHW)
o 100-year flood elevation
• Calculation of cut and fill:
o Quantity of proposed cut and fill corresponding to areas of cut and fill on the site plans
(no net fill is allowed)
o Sum of proposed cut and fill between OHW and 100-year flood elevation
o Calculations must be signed by a professional engineer, architect, land surveyor, or
landscape architect
Waterbody Crossings and Structures:
MCWD’s Waterbody Crossings and Structures Rule is triggered when work is proposed within the bed or
bank of a waterbody. This rule requires that the proposed work maintains hydraulic capacity,
navigational capacity, and wildlife passage, and has no adverse impacts to water quality. To meet
MCWD’s Waterbody Crossings & Structures rule requirements, please address the following items:
o Please clarify the existing and proposed conditions for the connection between Wetland
1 and Wetland 2. This includes hydraulic capacity (i.e. peak flows) in existing and
proposed conditions as well as upstream and downstream high water levels in existing
and proposed conditions
Note, high water levels can be determined from the high water levels of
Wetland 1 and Wetland 2.
Provide the diameter, material, inverts, and lengths of the connection in the
existing and proposed conditions.
o Delineate full drainage area of Wetland 1 so that culverts can be sized appropriately.
Culverts must retain adequate hydraulic capacity. A project in a watercourse may not
increase upstream or downstream flood stage.
o Please provide documentation that the wetland/waterbody crossing is the “minimal
impact” solution to the specific need. Please provide at least two alternative designs
that minimize or avoid the proposed impact to demonstrate that the minimal impact
solution is proposed. Additionally, please provide an analysis, by a professional engineer
or qualified hydrologist, of the effect of the project on hydraulic capacity and water
quality.
Wetland Protection Rule
155
MCWD's Wetland Protection Rule is triggered when work is proposed within a wetland, and/or when
impervious surfaces are created upgradient of wetlands on site. The Wetland Protection Rule requires
the establishment of wetland buffers, the width of which is determined by the wetland's management
classification. To meet MCWD’s Wetland Protection rule requirements, please address the following
items:
• Proposed site plans with:
o Proposed grading and other disturbance in wetland or buffer
o Proposed wetland buffer sign locations (must be at all lot lines and spaced less than 100
feet apart)
o If buffer averaging is proposed, calculation of required and provided buffer area and
indication of the minimum, maximum, and average widths on the site plans.
o If excavating in the wetland, proposed location of spoils placements and specifications
to stabilize and vegetate spoils
• Wetland buffer vegetation plan (if the buffer is not currently vegetated or will be disturbed by
construction):
o Description of seed and plant materials, including supplier and origin
o Seed/planting bed preparation (ex. Clearing, disking, raking, herbicide control, soil
amendment, or addition)
o Seeding/planting method
o Application rate of seeds or plugs (pounds of seed per acre or plants per unit area)
o Measures for site protection and erosion prevention during establishment
o An inspection and maintenance schedule describing activities (ex. Watering, mowing,
invasive species control, herbicide application, burning, etc.) for five years of
establishment
o The criteria for buffer vegetation establishment
Stormwater Management Rule
MCWD’s Stormwater Management Rule is triggered by the creation of new or replacement of existing
impervious surface.
Development – greater than 1 acre
The Project proposes development on a site that is greater than one acre in size, has 1.88 acres of
new/fully reconstructed impervious area, will disturb 29.33% of the site, and has an impervious surface
change of 241%; therefore, the rule is triggered. The required treatment scope is the volume from the
entire site’s impervious surface and rate control.
To meet MCWD’s Stormwater Management rule requirements, please address the following items:
o The SWMP states that not all of the proposed impervious can be captured and routed to
a stormwater basin. Outline the amount of impervious that cannot be caught and
routed to a basin. Please update the design to capture additional on-site impervious to
the maximum extent feasible.
If it is not feasible to capture additional on-site impervious, an equivalent
amount of off-site impervious surface that is untreated in the existing condition
may be captured.
156
If it is not feasible to capture additional on-site or off-site impervious surface,
please provide sufficient explanation, including documentation of the constraint
and an examination of what it means to remove or avoid it including modifying
the size, scope, configuration, or density of the proposed action.
o Please delineate subwatersheds based on the wetland, stormwater basins or other
outlet point they drain to. Provide a summary at each point of site discharge.
Currently, in existing conditions a large portion of E1 would drain to Wetland 1
rather than Wetland 2. Please revise drainage map such that Wetland 1 has its
own drainage area and update HydroCAD Model to reflect this.
Not all of P1 will flow to P1i/f. Please revise grading (provide more defined
ditch) or drainage diagram subwatershed. A more defined ditch is needed on
the north end of lots 1, 2, and 3 to make sure that impervious area is actually
draining to filtration Basin 1. As currently graded, much of lots 1 and 2 will drain
directly to Wetland 1.
Please place ditch behind lot 5 home to drain impervious to infiltration basin.
Delineate full drainage area of Wetland 1
o Please provide culvert/pipe/draintile information (i.e. complete utility plan) so they can
be evaluated for compliance with stormwater management and water body crossings
rules. Include inverts, length, slope, size, material, end condition, etc.
o Provide delineation of any flowage or drainage easements, or of other property
interests dedicated to water management or conveyance.
o Please provide full HydroCAD inputs/outputs for 1- or 2-year, 10-year, and 100-year
events for the existing and proposed condition. Please also provide HydroCAD (.hcp)
electronic files by email for easier/quicker review.
o Basin 3 would be impacted by seasonally high groundwater as shown in the borings and
would not be suitable for infiltration. Boring 222 indicates a groundwater elevation of
950.25+/-. Bottom of basin is 953.0 which is less than the 3 feet of vertical separation
required from infiltration surface to groundwater. Additionally, soils are noted as silty
clay loams which are noted as having an infiltration rate of 0.06in/hr in the MN
Stormwater Manual and are HSG Type D soils. These soils are not suitable for
infiltration.
o Please use media mix C or D rather than filter topsoil borrow for filtration and
infiltration basins so it does not leach phosphorus, per MN Stormwater manual
guidance, or provide documentation that filter topsoil borrow will not leach
phosphorus.
o Remove drainage fabric around underdrain/draintile and underdrain pipes should have
a minimum of 3 inches of washed #57 stone above and on each side of the pipe (stone is
not required below the pipe). Above the stone, two inches of choking stone is needed to
protect the underdrain from blockage.
o In HydroCAD, exfiltration should not be discarded. It should be routed to an underdrain
and then to the outlet structure. Please update so exfiltration is included in outflow
from pond and for peak flow routing.
o There must be two feet of vertical separation between the 100-year high water
elevation of a waterbody or stormwater practice and the low opening of any structure,
unless the structure opening is hydraulically disconnected from the waterbody or
practice. Please provide the low opening elevation of nearby existing and proposed
structures and high water level of stormwater BMPs.
157
Permit Timeline
Under Minnesota Statutes 15.99, MCWD staff have 15 business days to review and respond to permit
applications and inquiries. Staff will review submitted materials and communicate with the applicant
and property owner of the status.
Procedural Requirements
Once your application submittals have been determined to be complete and in compliance with District
rules, your application will be conditionally approved. Remaining administrative items may include a 14-
day public notice, payment of fees (mailing, engineering, permit, legal), submission of financial
assurance (amount to be determined after permit review is complete), and recording of a maintenance
instrument.
If you have any questions or would like to discuss the information above, please contact me at
acouture@minnehahacreek.org.
Kind regards,
Abigail Couture
Abigail Couture
Permitting Technician
158
H:\ORNO\_Surface Water Management\MS4 Administration\MCM-5\2_Site Plan Reviews\Idyllvale Shores\Idyllvale_PrePlatReview_2_2025-02-10.docx
February 10, 2025
City of Orono
Attn: Melanie Curtis
2750 Kelley Parkway
Orono, MN 55356
RE: Preliminary Plat Application
Idyllvale Shores
Engineering Review #2
Dear Melanie:
As requested, I have completed an engineering review of the documents submitted for the above
referenced project. Following are my comments for your consideration:
1. Proposed improvements will require the installation of stormwater runoff management
practices to meet Minnehaha Creek Watershed District and NPDES requirements for runoff
treatment. The following should be considered regarding stormwater management:
a. Per MCWD requirements, the proposed stormwater runoff management system must
provide rate control and volume control for the new and fully reconstructed impervious
surfaces.
b. Per NPDES requirements, the water quality volume must be treated, calculated as 1” times
the sum of the new and fully reconstructed impervious surfaces. If infiltration is prohibited
as outlined by NPDES requirements, a wet sedimentation basin or filtration basin may be
utilized.
c. Two filtration basins are proposed to meet MCWD and NPDES requirements. The basins
appear to have adequate space to provide runoff treatment, but a number of revisions have
been identified by MCWD to meet their requirements.
d. Access routes must be provided to all drainage infrastructure to allow for future
maintenance. A minimum 8’ wide route must be provided around all basins and ditches
accordingly.
e. Per City requirements to track TMDLs and reduce loads to meet required Waste Load
Allocations, the calculations for Total Suspended Solids (TSS) and Total Phosphorus (TP)
loading should be provided.
f. Facilities necessary for the ultimate development (street construction, sewer, basins, etc.)
should be installed and the site mass-graded at the same time as street construction to
ensure all drainage ways, watersheds, and runoff management systems are constructed per
the approved Stormwater Management Plan and are sized adequately for proposed
improvements.
2. Final Plans should include the following:
a. Grading, Drainage, and Erosion Control Plan
b. Street Construction Plan
c. Landscape and Restoration Plan
159
Preliminary Plat Application
Idyllvale Shores
Page 2
H:\ORNO\_Surface Water Management\MS4 Administration\MCM-5\2_Site Plan Reviews\Idyllvale Shores\Idyllvale_PrePlatReview_2_2025-02-10.docx
d. SWPPP meeting NPDES requirements
e. City Standard Details
3. The applicant will be required to obtain the following permits and provide a copy of any
approvals required prior to Final Plat approval:
a. Minnehaha Creek Watershed District (MCWD)
b. NPDES General Construction Permit
4. Consideration should be given to platting the proposed road as public instead of private. North
Arm Lane south of the site is a public road, and this is an extension of that road. Also, it
provides a much-needed turnaround for this location. North Arm Lane is on the City’s
Pavement Improvement Plan in the next couple of years, and the entire road could be improved
to a 24’ width to meet City standards.
5. The required cul-de-sac radius is 40 ft for pavement and 50 ft for ROW. The proposed cul-de-
sacs adequately indicate radii of 45.7 ft and 50 ft accordingly.
6. The minimum radius allowed for a horizontal curve on a private or public residential street is
275’. The proposed layout includes a 25’ radius curve after connection to the existing road.
This radius is too small for larger vehicles to traverse. The layout should be revised to provide a
design meeting City requirements.
7. The applicant will be required to submit a Maintenance Agreement for all stormwater
management structures and facilities. The agreement must define maintenance responsibilities
following completion of project, specify types and frequencies of inspection and maintenance
activities, designate who will conduct inspection and maintenance activities, and outline
reporting requirements. The Agreement should be recorded with the County per the City’s
approval process.
8. Drainage and Utility Easements should be provided as follows:
a. Over all stormwater management facilities used to meet regulatory requirements, including
access routes.
b. Over all wetlands, creeks, and buffers.
c. All swales, structures, and piping providing drainage for multiple properties.
d. 5’ along all side lot lines, unless adjacent to Development boundary.
e. 10’ along all front lot lines, rear lot lines, and adjacent to Development boundary.
9. Additional comments may be forthcoming as updated elements are provided. Final comments
regarding construction and the SWPPP will be provided during Final Plat review.
If you have any questions or comments, please contact me to discuss.
Sincerely,
Bolton & Menk, Inc.
Robert E. Bean, Jr., P.E.
Water Resources Engineer
CC: Adam Edwards, City Administrator / City Engineer
160
From:Kasey Johnson
To:Melanie Curtis
Cc:Regan Nix; Christy Davis
Subject:Request for extension of the review timeline
Date:Monday, January 20, 2025 6:37:14 AM
Good Morning, Melanie,
This email is a request to extend the Idyllvale Shores review timing by 60 days to
May 5th. Please let me know if there is anything needed from our team for
extension approval.
We look forward to the Tuesday, February, 18th planning commission meeting.
Thank you,
KASEY JOHNSON | CID
CO-FOUNDER
BLUEPENCILCOLLECTIVE.COM
(O) 651-419-6367 | (M) 612-201-3504
2150 3RD STREET, STE 5
WHITE BEAR LAKE, MN 55110
161
CIVIL METHODS,INC.
PROFESSIONAL ENGINEERS
Saint Paul, Minnesota www.civilmethods.com
L AND |W ATER |I NFRASTRUCTURE
TECHNICAL MEMORANDUM
Date:February 13, 2025
Subject:Idyllvale Shores - Response to 2/10/25 Comments from City of Orono
Prepared For:City of Orono
Prepared By:Kent Brander, PE
A.COMMENTS RECEIVED AND RESPONSES
Comments from the City of Orono consultant (Bolton & Menk) on the above-referenced project were
received by email attachment. The comments were in a letter addressed to the City of Orono dated
February 10, 2025. This Technical Memorandum addresses the comments, which are copied or
paraphrased below with responses shown in blue text.
Items from 2/10/25 Comments:
1.Proposed improvements will require the installation of stormwater runoff management practices to
meet Minnehaha Creek Watershed District and NPDES requirements for runoff treatment. The
following should be considered regarding stormwater management:
a.Per MCWD requirements, the proposed stormwater runoff management system must
provide rate control and volume control for the new and fully reconstructed impervious
surfaces.
As described in the project Stormwater Management Plan (SWMP), several basins are included in the
design, to address the Minnehaha Creek Watershed District (MCWD) rate control and volume control
requirements. Comments on the SWMP have been provided by MCWD and associated changes are
currently being incorporated into the plans.
b.Per NPDES requirements, the water quality volume must be treated, calculated as 1” times
the sum of the new and fully reconstructed impervious surfaces. If infiltration is prohibited as
outlined by NPDES requirements, a wet sedimentation basin or filtration basin may be
utilized.
Based on soil investigation results and MCWD comments, both infiltration and filtration facilities are
included in the stormwater treatment design, as appropriate for site conditions.
c.Two filtration basins are proposed to meet MCWD and NPDES requirements. The basins
appear to have adequate space to provide runoff treatment, but a number of revisions have
been identified by MCWD to meet their requirements.
The revisions indicated by MCWD are currently being incorporated into the plans. No significant changes
to the overall layout are anticipated.
d.Access routes must be provided to all drainage infrastructure to allow for future maintenance.
A minimum 8’ wide route must be provided around all basins and ditches accordingly.
For each stormwater treatment facility, the designated easements ensure a minimum width of eight feet
for maintenance access.
162
CMI Technical Memo Page 2
e.Per City requirements to track TMDLs and reduce loads to meet required Waste Load
Allocations, the calculations for Total Suspended Solids (TSS) and Total Phosphorus (TP)
loading should be provided.
Although TSS and TP calculations are not required by the MCWD, once the final stormwater treatment
facilities and management plan have been approved, we will provide the indicated calculations for use by
the City in TMDL tracing and load reduction.
f.Facilities necessary for the ultimate development (street construction, sewer, basins, etc.)
should be installed and the site mass-graded at the same time as street construction to
ensure all drainage ways, watersheds, and runoff management systems are constructed per
the approved Stormwater Management Plan and are sized adequately for proposed
improvements.
We will include notes to this effect in the final construction plans and in the phasing portion of the SWPPP.
2.Final Plans should include the following:
a.Grading, Drainage, and Erosion Control Plan
b.Street Construction Plan
c.Landscape and Restoration Plan
d.SWPPP meeting NPDES requirements
e.City Standard Details
These items are included in the latest plans and will also be included in the final plans.
3.The applicant will be required to obtain the following permits and provide a copy of any approvals
required prior to Final Plat approval:
a.Minnehaha Creek Watershed District (MCWD)
b.NPDES General Construction Permit
We are aware of the MCWD and MPCA/NPDES stormwater permitting requirements. The MCWD
permitting is underway as described above and in the SWMP. The MPCA/NPDES Construction
Stormwater permit will be completed closer to the date of construction.
4.Consideration should be given to platting the proposed road as public instead of private. North Arm
Lane south of the site is a public road, and this is an extension of that road. Also, it provides a much-
needed turnaround for this location. North Arm Lane is on the City’s Pavement Improvement Plan in
the next couple of years, and the entire road could be improved to a 24’ width to meet City standards.
In accordance with the comment, in the latest plans, the road is proposed to be platted as public rather
than private.
5.The required cul-de-sac radius is 40 ft for pavement and 50 ft for ROW. The proposed cul-de-sacs
adequately indicate radii of 45.7 ft and 50 ft accordingly.
It is noted that the cul-de-sac meets the indicated dimensional requirements.
6.The minimum radius allowed for a horizontal curve on a private or public residential street is 275’.
The proposed layout includes a 25’ radius curve after connection to the existing road. This radius is
too small for larger vehicles to traverse. The layout should be revised to provide a design meeting City
requirements.
The planned curve is being finalized to meet City requirements. Because the road will have low volume
and speed, a tighter turn radius may be acceptable if emergency vehicles can maneuver it. Turn radius
exhibits will demonstrate this. Alternatively, a two-connection cul-de-sac will be included.
163
CMI Technical Memo Page 3
7.The applicant will be required to submit a Maintenance Agreement for all stormwater management
structures and facilities. The agreement must define maintenance responsibilities following
completion of project, specify types and frequencies of inspection and maintenance activities,
designate who will conduct inspection and maintenance activities, and outline reporting
requirements. The Agreement should be recorded with the County per the City’s approval process.
A stormwater management maintenance agreement, detailing responsibilities, inspection/maintenance
schedules, designated parties, and reporting requirements, will be submitted and recorded with the
County once the MCWD and City have accepted the details.
8.Drainage and Utility Easements should be provided as follows:
a.Over all stormwater management facilities used to meet regulatory requirements, including
access routes.
b.Over all wetlands, creeks, and buffers.
c.All swales, structures, and piping providing drainage for multiple properties.
d.5’ along all side lot lines, unless adjacent to Development boundary.
e.10’ along all front lot lines, rear lot lines, and adjacent to Development boundary.
The indicated drainage and utility easements for items a-e are included in the latest plans.
9.Additional comments may be forthcoming as updated elements are provided. Final comments
regarding construction and the SWPPP will be provided during Final Plat review.
We understand additional comments may follow. We will address all final comments regarding
construction and the SWPPP during Final Plat review as indicated.
164
Date Application Received: 10/23/2024
Date Application Considered as Complete: 11/06/2024
120-Day Review Period Expires: 03/06/2025
To: Chair Bollis and Planning Commission Members
Adam Edwards, City Administrator
From: Melanie Curtis, Planner mcc
Date: 18 November 2024
Subject: #LA24-000059, Blue Pencil Collective/Kelsey Johnson (Developer) o/b/o Bradley Pass
215 North Arm Lane, including PIDs 06-117-23-24-0002 and 06-117-23-23-0021
Subdivision/Preliminary Plat: “Idyllvale Shores”
Public Hearing
PRELIMINARY PLAT REVIEW
General Site Characteristics
The developer is proposing a subdivision
involving three individual tax parcels (one
addressed 215 North Arm Lane, and two
associated, unaddressed properties: PIDs
06-117-23-24-0002 and 06-117-23-23-
0021), referred to within this report
collectively as “the property”. This report
contemplates their request for
preliminary plat approval to create five,
2+ acre buildable lots and new private
roads.
Until recently, the property to be platted
as “Idyllvale Shores” contained a
residential home and outbuildings.
Wooded slopes and wetlands make up
the majority of the property to be developed.
Application Summary: This application involves three individual tax parcels (1 containing an existing home), and
contemplates preliminary plat approval to create five, 2+ acre buildable lots and new private roads. The existing
properties are within the LR-1A and RR-1B districts.
The applicant requests preliminary plat approval to create a 5-lot plat. The following is proposed:
1. Lot 1: 2.5 total acres; 2.5 dry, buildable acres (no wetland):
2. Lot 2: 2.5 total acres; 2.5 dry, buildable acres (no wetland):
3. Lot 3: 3.0 total acres; 2.6 dry, buildable acres (0.44-acre wetland):
4. Lot 4: 5.0 total acres; 3.9 dry, buildable acres (1.0-acre wetland):
5. Lot 5: A lakeshore lot. 6.0 total acres; 2.9 dry, buildable acres (*contiguous acreage is not identified), (3.1
acres wetland); and
6. Outlot: A 5.6-acre lake access open space outlot (2.1 acres of which are wetlands).
All of the properties will be served by new, private roads (within an outlot) with two cul-de-sacs extending north
off of North Arm Lane. All lots will be served by private wells and septic systems.
Staff Recommendation: Based on the need for additional information and/or clarification, Staff recommends
tabling the application until the January meeting to allow the developer time to provide the required information.
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FILE #LA24-000059
18 November 2024
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The east portion of the property abuts Lake Minnetonka and has a defined width of 322 feet at the OHWL (due to
the curvature of the shoreline) and approximately 470 feet at the 75-foot setback. When measured along the
shoreline contour, the property has approximately 545 linear feet of shoreline. Lake Minnetonka is classified by the
DNR as a Recreational Development Lake requiring a 75-foot structure and building setback from the ordinary high
water level (“OHWL”). A wetland delineation has been completed and the wetlands have been depicted on the
preliminary plat drawing with the Minnehaha Creek Watershed District-required buffers shown (“MCWD”). The
wetland delineation, attached as Exhibit K, was approved by the MCWD in June.
Conformity with 2020 – 2040 Orono Community Management Plan
The 2020 - 2040 Comprehensive Plan guides the properties for Rural Residential which allows 1 unit per 2 acres.
The site is 25.35 acres in area ending at the OHWL of Lake Minnetonka. The plat includes the creation of outlots for
new roads and a common space for lake access. Although the property to be subdivided is relatively large in area,
the property’s current orientation, topography, and wetland areas (encumbering over a quarter of the land) limit
the creation of more than the proposed number of lots. According to the policies in the CMP, this rural area is
limited by the natural conditions. The area does not require urban services and remains to be low-density. The 5-
lot development density is calculated at 0.19 units per acre, well below the density guidance of 0.5 units per acre.
Conformity with Zoning District Standards
The properties are currently zoned LR-1B One Family Lakeshore Residential and RR-1B One Family Rural Residential
both require a minimum of two (2) acres per lot. All of the newly created parcels conform to the current zoning
district standards relating to size and width. All existing structures have been or will be removed before recording
the Final Plat. New buildings constructed must meet the required zoning district standards as no variances have
been requested. The properties are outside of the MUSA and will be served by private septic systems.
Relationship to Surrounding Development
The proposed 5-lot single-family development with 2.5-plus acre lot sizes is relatively isolated; it is located at the
end of a dead-end road and surrounded by larger, wooded residential properties sized from 2.5 acres up to 15
acres. The development will be consistent with its residential neighbors.
Road Layout and Standards
The developer is proposing to connect the development to North Arm Lane with the new private road split near the
south end, each terminating in a cul-de-sac. As proposed, the plans reflect a 50-foot wide outlot extending to the
northern cul-de-sac with a 24-foot wide paved, private road with a rural section; and an oversized, ±63 foot-wide
portion of the outlot containing a curbed road with a paved with of 25.3 feet from the back of curb to back of curb,
ending in a cul-de-sac to serve the lots in the development.
The new private road is proposed to extend 435 feet beyond the northerly extent of the existing North Arm Lane
off of North Arm Drive. This configuration results in a total road length of 1,385 for the northern roadway extension
and 1,592 for the western extension. The City standards limit dead-end roads to 1,000 linear feet maximum. The
Commission should discuss this, however there does not appear to be a viable alternate access that would
conform. The northerly road length could be reduced somewhat by changing the configuration of the road
and/or proposed Lot 4 to move the cul-de-sac further to the south.
The developer has proposed the new roads to be private. However, due to the dead-end nature of the current
public roadway, without a proper cul-de-sac or turnaround, winter maintenance and snow removal are challenging.
The City Engineer's comments include consideration for the new roads to be dedicated as rights-of-way on the
plat making the roads public. The additional financial and maintenance burdens of accepting new city roads may
be offset by logistical improvements resulting in better maneuverability for snowplows in the two cul-de-sacs.
166
FILE #LA24-000059
18 November 2024
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Rural Oasis + Conservation Design + Wetlands
The Developer’s engineer, Civil Methods prepared a Conservation Design Master Plan (“CDMP”) for the
development following the Conservation Design requirements outlined within Chapter 78, Article XII (beginning
with Section. 78-1631). The Idyllvale Shores CDMP is attached as Exhibit I and reviewed the development against
the City’s Rural Oasis Study and provided an overview of the property relating to Drainage, Land Use, Natural
Resources Inventory, Public Waters Inventory, and Wetlands.
The property was not one of the
development sites analyzed in
Orono’s 2005 Rural Oasis Study
(R.O.S) and was not situated along an
identified rural oasis corridor. Their
CDMP acknowledges that this
property is partially located within a
greenway corridor, and contains
areas of maple-basswood and oak
forests with the potential to contain
rare species. The developer did not
survey the rare species but rather
ensured that proper protective
measures would be taken if rare
species were encountered during
development.
According to the CDMP report, the
plans prioritize the preservation of the existing woodland and wetland areas and the maintenance of the existing
natural ecological connections.
Landscaping + Tree Preservation
City Code Section 82-225(b) stipulates deciduous trees (“boulevard trees”) are to be planted within five feet of the
right-of-way of the roads within and abutting the subdivision. One tree shall be planted for every 40 feet of
frontage along each road. A plan has been provided for tree preservation and removals (Exhibit N), and a
development landscaping plan reflecting the installation of 55 trees consisting of a mix of honeylocust, oak, and
maple is attached as Exhibit O). The tree preservation and removal plan identified 1,206 total trees on the
property; 419 trees are to be removed due to their condition or location within the development. The plan reflects
2,180 linear feet of road frontage requiring 55 trees. According to their schedule, the developer is proposing to
plant 55 trees in a relatively uniform placement along the western road and more selectively placed along the
northern road, likely to avoid the proposed stormwater infiltration area.
Lot Layout + Lot Standards – LR-1A, Lakeshore Residential and RR-1B, Rural Residential
The LR-1A and RR-1B districts each have a minimum lot area requirement of 2.0 dry, contiguous acres and 200 feet
in width for each newly created lot. See Exhibit P for clarification of the district boundary line between the two
districts. Please review Exhibit F for a full breakdown and code analysis of the proposed lots.
According to the City Code, lot width for non-lakeshore lots in either district is measured at the 50-foot front
building setback paralleling the roadway. For lakeshore lots, the minimum 200-foot width is measured in a straight
line between the points where the side property lines intersect the 929.4’ OHWL contour for Lake Minnetonka, and
in a straight line measured at the required 75-foot structure setback from the OHWL.
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18 November 2024
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After reviewing the preliminary plat drawing it does not appear the calculations for “dry” meet the requirements
within the code [Cite: Section 82-254 – Lot area, minimum]. In areas not served by sanitary sewer, each lot must
contain a minimum of two acres of contiguous dry buildable land exclusive of public rights-of-way, vehicular
easements, or areas at or below the floodplain elevation for a specific property. The preliminary plat drawing
identifies the gross area, dry area, and wetland area but does not explicitly identify the qualifying contiguous land
areas. Further, the definition of “dry, buildable land” excludes areas where slopes exceed 30%.
The developer has identified three small areas where portions of slopes exceed 30%. The preliminary plat should
identify all bluffs and steep slopes. Bluffs are defined as having the following characteristics: (1)Part or all of the
feature is located in a shoreland area; (2)The slope rises at least 25 feet above the ordinary high water level of the
water body; (3)The grade of the slope from the toe of the bluff to a point 25 feet or more above the ordinary high
water level averages 30 percent or greater; and (4)The slope must drain toward the water body) and steep slopes
(defined as: areas where average slopes are 12 percent or greater as measured over horizontal distances of 50 feet
or more, that are not bluffs) confirm this [Cite: Sec 78-1211 - Shoreland Definitions].
The preliminary plat should be updated to address the minimum required lot areas and any other missing or
ambiguous information identified above. As submitted, Lot 5 (the lakeshore lot) does not meet the 200’ width
requirement at the lake or the required minimum 2 acres of dry, contiguous buildable area and must be
reconfigured to meet the city standards.
Development Outlot:
Included in the development is proposed “Lot 6” which does not meet the requirements to be considered a
buildable lot. It appears the developer intends to create an outlot for lake access or common, private open space
for the development. City Code Section 78-1278 provides for the creation of an outlot to provide owners of off-lake
lots within the development access to the lake. However, this lot, as proposed does not meet the minimum
requirements to do so. The developer should discuss their intent for this property.
A lot created for lake access purposes must meet the following minimum standards:
Standard / Minimum Requirement: Discussion:
1. Lakeshore access lots shall be designated as an outlot and
shall not be considered to be a buildable lot.
“Lot 6” is currently shown as a non-buildable
lot and should be platted as an “outlot”.
2. A lake access outlot shall not be subject to minimum lot area
or width standards, except that the number of off-lake
properties to gain access via the lake access outlot shall not
exceed the number obtained by dividing the outlot width
measured at the shoreline by the required zoning district lot
width, rounded down to the nearest whole number.
Four of the lots do not have lake access. To
serve all four lots, the lake access outlot
would need to have a minimum defined
width of 800 feet (=4 lots x 200’). As
proposed, the outlot’s width at the OHWL is
±300 feet and could only support one off-
lake property.
3. Such outlot shall be jointly owned by all owners of the off-lake
lots in the subdivision who are provided riparian access rights
on the access outlot.
Only one property could own and use the
outlot for lake access purposes.
4. No such access outlot shall be created as part of a subdivision
plat except when the building lots within the subdivision are
separated by an existing public or private roadway from the
lakeshore, and the land on either side of the roadway was in
common ownership as of the effective date of Ordinance No.
There is no existing roadway to support the
creation of a lake access outlot.
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FILE #LA24-000059
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101, adopted February 24, 1992.
5. Covenants or other equally effective legal instruments must be
developed that specify which lot owners have authority to use
the access lot and what activities are allowed. The activities
may include watercraft launching, loading, storage, beaching,
mooring or docking. They can also include other outdoor
recreational activities that do not significantly conflict with
general public use of the public water or the enjoyment of
normal property rights by adjacent property owners. Examples
of the nonsignificant conflict activities include swimming,
sunbathing or picnicking. The covenants must limit the total
number of vehicles allowed to be parked and the total number
of watercraft allowed to be continuously moored, docked or
stored over water, and must require centralization of all
common facilities and activities in the most suitable locations
on the lot to minimize topographic and vegetation alterations.
They must also require all parking areas, storage buildings and
other facilities to be screened by vegetation or topography as
much as practical from view from the public water, assuming
summer, leaf-on conditions. Such covenants are subject to city
approval.
N/A
Utilities
Stormwater Drainage Improvements
Stormwater facilities will be required in addition to payment of the City’s Stormwater Drainage Trunk fee. The
Developer has completed stormwater management and grading plans which are currently under review by the City
Engineer and the MCWD. Their stormwater management plan reflects grading and three stormwater infiltration
basins to address the stormwater resulting from the new hardcover of the development. All stormwater facilities,
basins, swales, etc. should be incorporated into drainage and utility easements on the Final Plat.
The developer will be required to make adjustments to their plans if directed by the MCWD or City Engineer. The
final, approved stormwater management and grading plans will be required as part of the Final Plat application
submittals.
Septic Systems + Wells
The developer has provided septic designs for each of the proposed lots. Individual septic system installation
permits are required in conjunction with building permits for the new homes. Private water supply wells should
also be sited with the building permits.
Fees
Stormwater Drainage Trunk Fee
The stormwater drainage trunk fee (“SWDT fee”) will be determined by the City’s Fee Schedule at the time of
the Final Plat submittal. According to the current 2024 Fee Schedule, the development of a property within a 2-
acre residential zone requires payment of $8,060 per each new lot and/or development of a vacant lot. As
proposed, the developer will be subject to payment of a SWDT fee for 4 lots or $32,240*.
Park/Trail Easement + Park Fees or Dedication
The Parks, Open Space, and Trail Plan chapter of the Orono Comprehensive Plan does not specify the need for a
neighborhood park at this location. The City’s Lowry Woods Nature Conservation Area is a passive park located
169
FILE #LA24-000059
18 November 2024
Page 6 of 7
approximately 1/3 of a mile to the north of the property; the MN DNR’s Luce Line State trail is located about ½
mile to the north. As there is no defined need for a land dedication for a park or trail in this location, it would
appear that the dedication of actual land for park purposes is not required. Absent the need for a land
dedication, a Park Dedication Fee would be appropriate according to the City Ordinance.
The development will be subject to the City’s 2025 Park Dedication Fee. This fee is determined by the fair
market value of the land being subdivided. The Hennepin County Assessor will be consulted to determine the
market value of the land to establish the amount of the fee. Currently, the project includes 3 separate
properties, two of which are currently buildable. The developer is proposing five building sites or 3 new lots.
The park fee for this development will be approximately $11,455.74*.
*The fee amounts will be confirmed at the time of Final Plat submittal.
Issues for Discussion
1. The City Engineer suggests the development road be platted as an extension of the public road versus a
private road (without clear demarcation). The Commission should discuss this recommendation with the
developer and make a recommendation regarding the status of the new development road(s).
2. The status of the proposed lake access outlot “Lot 6” is unclear. The Commission should ask the developer
to describe their intent for this lot, i.e. what is its intended purpose? The plans don’t specify it as an outlot
or clearly identify it as a buildable lot on the preliminary plat. It does not meet the lot standards. If the
intent is to create an outlot for shared lake accessit does not appear meet those standards either. The
wetland separates the lakeshore portion of this lot from the western half abutting the road eliminating
opportunities for creating a driveway. How will the lakeshore be accessed? Are there any planned
improvements? Lake access? What are the potential wetland impacts?
3. The developer’s plans show building pads. They should confirm if it is their intent to create building pads to
establish new “existing grades” for building height determination as part of the plat which can only be
accomplished through the subdivision grading or by approval of an interim use permit. If it is their intent,
the building pad grading will be included in the required development improvements covered by the
development security.
Building Height is defined as: “the vertical distance between the highest existing ground level or ten feet
above the lowest ground level, whichever is lower, and the top of the cornice of a flat roof, or the deck line
of a mansard roof, or the uppermost point on a round or other arch-type roof, or the median height of the
highest gable of a pitched or hipped roof. Topographic changes which elevate the adjoining ground level
above the existing terrain shall not be considered in determining building height.”
4. The preliminary plat calculates the wet versus dry areas of each lot but does not identify the contiguous dry
area required by the city code. Additionally, it is unclear if the steep slopes and bluffs have been accurately
identified on the plans and subsequently accounted for in the lot area calculations. The developer should
submit updated plans to reflect the calculations in the format required by the City Code.
5. Lot 5 does not meet the city standards for lot width or lot area. Lot 5 should be revised to meet the
minimum lot dimensional requirements.
6. Does the Commission find the proposed plan preserves the existing rural character in the area?
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FILE #LA24-000059
18 November 2024
Page 7 of 7
7. The Commission should ask for additional information regarding the tree and landscaping plan. Are the
existing trees to remain accounted for in the plan? Does the Developer’s plan provide the desired natural
aesthetic?
8. Does the Planning Commission agree with the Developer’s findings in the Conservation Design Master
Plan? If not, what is lacking?
Staff Recommendation
As applied, Staff cannot support the application. Staff recommends the planning commission review the issues for
discussion and provide appropriate feedback to the developer. The application should be tabled to allow the
developer to respond to the feedback. Comments from the City’s Engineer will be provided upon receipt of a
revised preliminary plat.
171
From:Philip Bremer
To:Melanie Curtis
Subject:Fwd: Fw: Planning Commission Meeting
Date:Friday, February 14, 2025 11:53:47 AM
Attachments:Pavement Management Plan 2014 (PDF).pdf
Resolution 7451. Seasonal Weight Restrictions_202402141445303410.pdf
Good morning Melanie and City Council
I wanted to provide you with my thoughts about the development going in at the end
of N Arm Lane.
I have attached 2 documents that I pulled from the City's website. You can choose to
exclude/include them if you wish.
You are also welcome to include my email signature. Thank you
Being a Realtor, I honestly believe in Property Rights of landowners. That is, a
landowner has the right to do whatever they choose to do with their property as long
as it doesn't infringe on the rights of other property owners or disenfranchise them due
to loss in value, expenses, issues or problems.
I live at 4700 N Arm Dr, Mound, MN 55364. My road will be used as the main route
for construction personnel, vehicles, heavy equipment and material transportation.
This additional wear and tear on N. Arm Dr and N. Arm Lane will shorten the
lifespan of the asphalt that is already near the end of its useful life. When this happens,
a City, Township or County would normally assess the property owners who have
road frontage to help cover the expense to repair/replace the road.
This brings the fight to my door.
I am not in favor of any new city assessments that raise my taxes or the taxes of my
neighbors!
To understand the current condition of North Arm Drive and North Arm Lane, we
need to know when these roads were constructed. This would provide useful
information as to the site preparation, use of sub-base of materials, roadway
construction and the asphalt paving. This information determines the life
expectancy of the roadways.
This begs to ask: Are we currently past the current life expectancy of these roads?
What happened 8-9 years ago with the development of the Lakeview neighborhood?
Wasn't North Arm Drive supposed to be repaved after its completion? Why did that
not happen?
Here's what I recommend.
172
I would like to encourage the city to consider hiring 2 road inspectors ( a second
opinion never hurts) to take several core samples of North Arm Drive and North Arm
Lane. This would provide a BASE-LIINE of valuable information about the road's
current condition/quality for future maintenance and repair purposes.
Then, once the construction is completed, have the roads inspected again, to
determine what, if any, damage has been done to these road ways.
If the roadways haven't been harmed in any way, due to construction efforts, at least
we will know. However, if the roadways were damaged or further limited the
remaining life of the roadway, the Developers or property owner(s) should compensate
the city accordingly.
Found on the City's website,
I have attached a copy of the Pavement Management Plan from the City of Orono.
This was adopted nearly 10 years ago on Oct 27th, 2014. In addition Resolution 7451,
city of Orono, states the City council limits N. Arm Drive and N. Arm Lane to a 4 ton
per axle weight limit during Spring load restrictions. I would like to see core samples
proving the construction of N. Arm Lane and N. Arm Drive can support 4 tons per
axle.
Please note, I highly doubt N. Arm Lane was constructed to withstand these loads
when the residential traffic only supported a few households.
To recap, I'm in favor of the landowner moving forward as he wishes. However, I do
not want this to financially impact myself or my neighbors because the cityof Orono
has overlooked the possible impact the construction has further degraded these
roadways.
Realtor
Minnesōtan Team
Say Hellō!
952-250-9313
philip@minnesotan.com
www.minnesotan.com
173
From:Melissa Kjolsing
To:Melanie Curtis
Subject:Comments for 215 N Arm Lane (Idyllvale Shores) from 350 N Arm Lane
Date:Thursday, November 14, 2024 7:00:43 PM
Hello Melanie,
Below are the comments we'd like to formally submit to the City of Orono. Can you confirm
that our comments will be included in the Orono Planning Commission packet for this coming
meeting on Monday, November 18, 2024?
Thank you,
Melissa and Michael
COMMENTS:
As nearby residents of the proposed development at 215 N Arm Lane, we have serious
concerns we want to share with Orono's Planning Commission. The area under discussion has
abundant wetlands to support natural habitat for numerous native species. They thrive on this
land because it's removed from dense traffic, noise pollution and human activity. To see it
taken away due to a development is heartbreaking and frustrating, and we are against moving
forward. People move to this area because of the cohabitation with nature and wildlife. We
feel this development directly contradicts the values of the nearby community and the
previous owners of the property who left it undeveloped. We and other neighbors have
expressed time again that we are eager to preserve the state of the property through
significant financial investment including purchasing the property for preservation. The
current plans drastically change the property experiences for nearby residents with the addition
of roads, cars and services traveling to and from the proposed properties.
In addition to our concerns, we see an opportunity for the city to purchase this property to
support community access to natural space between N Shore Drive W and West Branch Road.
This community currently has no other public spaces that are accessible by pedistrations
without having to cross busy and fast-driving roads. There are approximately 100 homes in
this community that would benefit from this space while continuing to support its values of
preservation and coexisting with wildlife.
Lastly, we have fears about the natural resources of this lakeshore residential district being
compromised by the proposed plan and that the quality of the stormwater runoff into the
wetlands and Lake Minnetonka is endangered. We have reviewed the Minnehaha Creek
Watershed District rules and regulations and have identified a number of concerns:
1. The wetland buffer rules either are not followed or cannot be verified to be followed.
a. According to article XI, division 3 of the Orono Code, wetland buffer rules from the
Minnehaha creek watershed district (MCWD) shall apply where established. The wetlands in
the plan are classified as “preserve” according to the City of Orono Wetlands and Drainage
Districts map, accessed November 11, 2024. The MCWD Wetland Protection Rule 5 effective
April 29, 2024 has established buffer widths for wetlands based on wetland management
classification, including those classified a “preserve”. Such wetlands have a setback base
width of 75 feet, with a minimum of 67 feet depending on favorable slope or soil conditions.
The plan does not signify the width of the wetland buffer. This resident questions whether the
174
plan meets the minimum requirements. Visually, the plan does not appear to follow the
MCWD Wetland Protection Rule. There is at least one principal residence structure on the
map that is unlikely to be in compliance with wetlands setback if the buffer were required to
be any larger than shown.
2. The plan shows excavation occurring within the wetland buffer.
a. At least one principal residence structure, a cul de sac, and a driveway show excavation
within the wetland buffer. No excavation may occur in a buffer according to MCWD Wetland
Protection Rule 6. Pursuant to Minnesota Statutes 103D.341.
3. Inadequate stormwater runoff control for the south easternmost lot.
a. The principal residence structure is situated on a slope draining directly to protected
wetlands and is situated so close to the wetland buffer that the ability to adequately protect the
quality of stormwater runoff by an infiltration basin or other control is strongly questioned.
The lot generally slopes toward and has such a long border with protected wetlands as to likely
further degrade wetland quality and Lake Minnetonka water quality due to stormwater runoff.
4. Non-buildable lot as the north easternmost lot.
a. The lot that comprises the north easternmost lot in the development is not buildable. Any
potentially buildable portion of the lot has no road access because it is cut off from the
proposed road by wetlands. The permitters are encouraged not to allow such a subdivision that
could encourage subsequent attempts to excavate on areas that prohibit excavation.
175
Pass Property Development
Phil and Mandy Little
4620 North Arm Lane
Orono
Planning Commission Meeting – Nov. 18, 2024
Background on this property over the years is that Carol Armstrong Pass’ family has a long history in
the area, and was approached by a couple of neighbors around her property over the years to purchase
some of the property to protect them from development. When asked, Carol said no as she didn’t want
to sell as she wanted to preserve her land to prevent the possibility of development in the future.
She also attempted to gift the land to Orono to be used as a park or protected natural habitat and Orono
refused as they did not have the funds to maintain it. Carol also joined along with neighbors to fight
against the Bayside Trail Cul de Sac development as she was concerned about what it would do to the
wetlands and surrounding area of her property.
We are certainly perplexed knowing her wishes for the property that she verbalized to people over the
years, and now that after she is gone this land is going to be developed which is what she fought
against over the years. The only Armstrong family member that resided in the house on the property
that we know of is Carol’s brother until his passing. Because the Pass family has never lived out here
to my knowledge, other than Carol as a child, we are assuming other members would have little or no
attachment to this property. We certainly understand the family’s desire to receive compensation for
this property since there is no attachment to it since her death. Maybe no one other than Carol knew
about any of the surrounding neighbors desire to purchase additional property which is why no one was
approached. We only found out about the development this summer when a hunter came on to our
property and our neighbor’s asking permission to bow hunt on it because he had lost the ability to hunt
on the 20 acres behind us due to a development coming in. In contacting the City of Orono they
confirmed that it was in the planning stage. I contacted the 10 property owners that share boundaries
with the Pass Property. None of them had knowledge of the project. The 11 property owners are;
Little
Froemming
Thull
Neilson
Sipprell
Holloway
Nord
Paldrmic & Potvin
Haus
Jabbour
White
It seems that this development is to be “shoehorned” into a wetland area with no regards to the
properties surrounding the development. The area of impervious surface is breathtaking. The fact that
it runs 24 ft wide along the entire boundary of our property is unacceptable – the planned buffer is
inadequate, there is no protection from 2 inch trees being planted that will provide any protection in our
lifetime. 12 inch trees would be a minimum.
176
North Arm Lane serves 8 homes, why is it necessary to have two cul de sacs for 5 homes? Having the
road along our boundary will decrease our property value. We would ask that the cul de sacs be
removed. Perhaps a long driveway would suffice to each home. I would ask the owners how are we to
be compensated for the loss this will cause us? With 2 ½ acre sites, why do we have a road within 60
feet of our property boundary and the structure on our property? In the 2040 Comprehensive Plan it
states “future rural developments will be guided so as to have minimal impact on the land or on
existing rural neighborhoods…….Care will be exercised to ensure that no new development
encroaches upon its neighbor’s open space activities.” This clearly is encroaching upon our open
spaces.
How can anyone say that site grading, hardcover, wells and septics, storm water facilities, and building
pads will preserve this land and protect the natural landscape? Animal species will be disrupted for
many years with the amount of hard cover and disruption to their habitat during this development. In
the Orono’s 2040 Comprehensive Plan “The foremost guiding principle and goal of Orono’s planning
is to protect and preserve Lake Minnetonka, and all lakes and natural resources, its water quality and
recreational assets….It includes preservation of the associated marshes, wetlands and natural
drainageways as the primary, most practical and cost effective method of preventing flooding and of
filtering out the nutrient pollution from stormwater runoff….To maintain our local character and
identity. This character is defined by strong neighborhoods, preponderance of wildlife, open spaces,
lakes and wetlands. To protect and preserve our many natural resources including all lakes, creeks,
marches, wetlands, woodlands, groundwater and steep slopes. To preserve open spaces, light, air and
solar access for all citizen while maintaining night sky.”
We are concerned about this developer having little knowledge of this area other than having stated in
their narrative “access to the sought-after Lake Minnetonka – and it being the last of its kind in the
area, located off North Arm Dr.” It is not located off North Arm Dr., but is located off of North Arm
Lane which is just that, a lane, that is not wide enough for two cars to pass at the same time. The
narrative states the lane “will service the lots of the development.” This development will certainly not
“improve the public infrastructure” for this lane or any of the surrounding properties. We do not
believe that any of this supports the “feasibility and necessity of the Idyllvale Shores development.”
The construction and noise will be in our backyard and along the Lane for years.
The tree removal is devastating. While there are a number of trees that need to be removed there are
many being removed to accommodate “hardcover.” This is hardly preservation of a natural habitat.
We understand the family has a right to do what they wish with their property, but are concerned
with the disregard for the impact this will have on the environment, an old established neighborhood
and relationships people thought they had with Carol. Not every square inch of land needs to be
developed.
We would ask that the Planning Committee not approve this plan at this time. In talking with the
Watershed District they said the application would take 1-2 months to make it through their process.
What rights do we have as current landowner and citizens from developers and who in Orono
represents us?
177
Pass Property Development – Idyllvale Shores Project
From Jeff & Pat Thull 612-325-3438
210 - 270 North Shore Drive West
We just became aware of the application for development of three properties, one of which
adjoins the east border of our property, which we purchased July 2011.
We met Carol Pass in 2013, deceased owner of the proposed development property when she
approached us regarding the development of the Bayside Meadows property also bordering
each of our properties. She expressed her concerns that the development would impact the
wetlands on her property (ironically now proposed for development). She asked us to support
her efforts to approach the Lake Minnetonka Watershed District to prevent or restrict the
Bayside Development plan due to the impact it would have on the Pass property. Now we see a
proposal for 5 more homes and associated hardscapes draining into and encroaching on the
same property she wanted to preserve.
She was very emphatic on her intentions to not develop her property. At the time we
expressed our interest in buying the 5-acre parcel next to us from her to assure it would remain
undeveloped. She told us of her plan to preserve the wooded area. The appraised value of
$10,000 for the parcel adjoining our property suggested to us that the woods were in some
type of preservation program.
We were quite surprised and disappointed when we received the notice regarding the
development and recalled her being adamant that it would never be developed. Sadly, we
found out it was being developed after she passed away earlier this year.
The following are our concerns on the development of this property:
• The development appears to place two, 24’ wide roads and two, 50’ cul-de-sacs in this
small land area
• The heavy hardscape of the roads and cul-de-sac will only service 5 home sites
• One of the roadways will be placed along the border of current homes. This does not
comply with the intent of the Orono 2040 Comprehensive Plan “Care will be exercised
to ensure that no new development encroaches upon its neighbor’s open space
activities.”
• Why is one 50’ cul de sac squeezed between or infringing on the wetlands and servicing
only one of the five lots?
• Removal of heavy tree cover which currently supports 8-12 deer including two does who
each had twins this year, turkeys roosting in the trees and a rare Great Gray owl
currently protected by the MN DNR in the Superior National Forest. Wildlife managers
and foresters are currently working towards protecting nesting areas across Minnesota.
We see the owl and hear its hooting regularly.
178
• Walking trails and lake access is mentioned but are not indicated in the plans and it
would appear they would have to be built in the wetlands area.
• The project narrative from Blue Pencil Collective references “preserving the land that
has been a cherished part of their family’s history” yet appears to be clearing a large
percentage of the standing forest and installing a large percentage of hardscapes.
As a result of the above issues, we suggest the land, forest and wetlands be preserved. If the
Council decides to disregard these issues, we strongly suggest the development should be
limited to one access road, three homes, and comply with the 2040 Comprehensive Plan as
noted above.
We appreciate your consideration.
Jeff and Pat Thull
612-325-3438
179
From:James Neilson
To:Melanie Curtis
Subject:Idyllvale Shores
Date:Friday, November 15, 2024 7:07:35 AM
Hello Melanie -
Thank you for sending the information on the proposed development. I will be out of town on
the meeting date so I would like for this correspondence to serve as my comments and position
for the record.
Overall, I believe the plan represents a total disconnect from the City's fundamental
underlying principles, goals and philosophy for growth management. The construction of two
long cul-de-sac roadways to serve five homesites is blatantly intrusive, Especially the east to
west cul-se-sac that ravages the property line with the neighbors living south of the
development. The removal of 419 of a total of 1306 significant trees is a gross injustice to this
beautiful natural environment and is really quite astonishing and insulting. I see nothing in this
plan that conforms to the City's commitment -- . "Orono will retain its own special identity
through careful growth management in the best interest of the environment, the natural
resources, the watershed of Lake Minnetonka and the community of citizens, both present and
future."
The proposed lot 5 is next door to my home at 340 North Arm Lane. Everything about the lot
5 development looks like a disaster. The house pad is right up against the wetland buffer at the
rear and right up against the side yard setback to the south against my property. The septic
drainfield appears to actually encroach into the wetland buffer. The amount of grading work
that cuts out the area for the housepad and driveway is severe. The infiltration basin wedged in
between the house pad and the property line is in an insane location. How can these areas
remain safe, stabilized and protected? Massive tree removal and earth excavation on lot 5 will
wipe out any buffer that might have existed between our homes and deny us our pastoral
views causing an irreparable detrimental effect. This proposed lot 5 development is not in
accordance with the City's vision for responsible development, protection of natural amenities
and is not in the best interest of the environment, the natural resources, the watershed of Lake
Minnetonka and of the surrounding properties and neighbors. I believe the developer is
pushing the limits of site accommodation here and the City needs to be steadfast in its resolve
to protect our natural amenities, safeguard the woodland wildlife habitat and preserve the
quality of life of the existing immediate neighbors.
I urge the City to exercise overwhelming prudence in their review of this proposed
development, This area is very environmentally sensitive as the entire valley bordered by
North Arm Drive W on the west and Bayside Road on the north drains to the southeast
through the property into Lake Minnetonka. It is a huge watershed. This is a delicate and very
important natural resource. Furthermore, several adjacent property owners have established
homes that are vulnerable to the overdevelopment character of this proposed development.
Please act to preserve and protect the established character and vital natural amenities of this
site and to protect the individual interests of the immediate neighbors and all Orono citizens.
Thank you,
James Neilson
180
340 North Arm Lane
Orono, MN 55364
181
From:Joe Haus
To:Melanie Curtis
Subject:Idyl vale Shores development.
Date:Friday, November 15, 2024 9:05:32 AM
Hi Melanie, thanks for sending over the info on the Idyll vale shores
development.
The amount of time from the last changes submitted and when the review is scheduled
for a project of this size seems rushed and it is difficult as a Orono resident to make
time to evaluate the request. With my travel schedule already set and being out of
town it is frustrating that I am unable to attend the meeting and ask questions to aid in
my understanding. A longer period of time for residents to get up to speed and plan
would be warranted.
My questions and possible concerns are related to the stormwater
management plan and if it will add run off flow of water to my property or impact
the wetlands?
I see a request for a drainage easement that I would like to understand in more
detail what is involved. Can that request be explained in the meeting?
There is a natural waterway (stream) south of my property that is active in the
spring and wetter periods. It has done a good job of drainage for the 24 years
we have had our property. With 5 building sites hard cover and driveways I
have concerns about the impacts to drainage affecting specifically my property
and the wetlands as a whole.
If there are any other requested variances I would like to have them explained as well. I will be on-
line for the meeting if possible and all my tech works.
Thanks for your consideration and help
Joe Haus
182
183
Date: February 18, 2025 Item: 6.3
Presenter: Matt Karney, Planner
Section: Public Hearings
Title: LA24-000065, Hartman Companies, 980 Heritage Lane, Conditional Use
Permit (Matthew Karney)
1.Purpose:
The applicant requests a conditional use permit for new retaining walls within the lakeshore setback.
2.MN§15.99 Application Deadline:
The application was made on December 3, 2024 and deemed complete on February 4, 2025.
Following the 60-day review period this application expires on April 5, 2025.
3.Background:
The applicant proposes a new retaining wall to allow for a level access point to an existing lake stair with
railings, within 75 feet of the Ordinary High Water Level (OHWL) of Tanager Lake. Currently, the land near
the stair access is sloped and not level with the wooden landing of the stairs making it challenging to access
the stairs. The new retaining wall is minimal is size and will allow the area to align with the lake stairs.
4.Public Comment:
No public comments have been received.
5.Staff Recommendation:
Planning Staff recommends approval.
6.Planning Commission Action Requested:
If the commission agrees with staff's analysis; a motion should be made for approval of the
proposed application.
AGENDA ITEM
Exhibits
Exhibit A - Staff Report
Exhibit B - Application
Exhibit C - Aerial Imagery
Exhibit D - Site Plan & Wall Details
Exhibit E - Hardcover Calculations
Exhibit F - Mailing List & Map
184
Date Application Received: 12/03/2024
Date Application Considered as Complete: 02/04/2025
60-Day Review Period Extension Expires: 04/05/2025
To: Chair Bollis and Planning Commission Members
Adam Edwards, City Administrator
From: Matthew Karney, Planner
Date: 18 February 2025
Subject: #LA24-000065, Hartman Companies, 980 Heritage Lane
Conditional Use Permit (Retaining Walls) – Public Hearing
Background
The applicant proposes a new retaining wall to provide a level access point to an existing lake stair with
railings, within 75 feet of the Ordinary High Water Level (OHWL) of Tanager Lake. Currently, the land near
the stair access is sloped and not level with the wooden landing of the stairs.
Conditional Use Permit Analysis:
The applicant has provided a site plan with existing and proposed conditions, retaining wall design and
elevations, and a hardcover worksheet. The proposed stone retaining wall will be over 2 feet in height,
but no more than 18 inches will be exposed, connecting the existing slope to the lake access stair.
Section 78-305 & 78-1279 – Setbacks:
Section 78-1680 and 78-1700 – Hardcover Calculations:
Stormwater
Overlay
District Tier
Total Area
in Zone
Allowed
Hardcover Existing Hardcover Proposed Hardcover
Tier 1 95,396 s.f. 23,849 s.f.
(25 %)
17,918 s.f.
(18.78%)
72 s.f. within
75’ setback
17,935 s.f.
(18.8%)
89 s.f. within
75’ setback
Conditional Use Permit (Sections 78-1279 and 78-916)
Section 78-1279(5)(c) states:
“A wall in the shore setback zone, within a defined bluff and bluff setback; and/or a replacement wall 4
feet in height or greater; and/or any new walls shall require a conditional use permit. New walls and
replacement walls greater than 4 feet in height must meet the following conditions. The wall must be”:
1. Designed to correct an established erosion problem:
The proposed retaining wall will provide slope stability in the area around the stair landing,
despite the applicant not indicating an erosion problem. Repeated access to the lake stair over
time may cause erosion in the future if left in its present condition.
2. Suitable given the demonstrated need:
The proposed retaining wall is suitable as the walls are minimal to correct the excessive slope
leading to the stair landing.
Application Summary: The applicant requests a conditional use permit for new retaining walls within
the lakeshore setback.
Staff Recommendation: Planning Staff recommends approval.
LR-1A District Required Existing Proposed
Lakeshore 75’ N/A ~28’ Proposed Retaining Wall
185
FILE # LA24-000065
18 February 2025
Page 2 of 4
3. Designed by a registered engineer or landscape architect, depending on the project scope:
The proposed retaining walls were designed by the applicant, a professional landscaping
company, but certifications were not provided with the submittal. Staff finds the proposal to have
a minimal scope given the size of the proposed wall.
4. Designed to be the minimum size necessary to control the erosion problem:
The proposed retaining wall is designed to be minimal and will provide safe, level access to the
existing lake stair from the lakeyard.
In addition to the conditions listed in Section 78-1279, Section 78-916 provides a list of conditions
supporting Conditional Use Permit (CUP) issuance. The Planning Commission may recommend and
the Council may grant a CUP as the use permit was applied for or in modified form. Based on the
application and the evidence submitted, the city must find that the proposed use at the proposed
location is or will be:
1) Consistent with the community management plan:
The new retaining wall will provide slope stability and safe lake access for the owners of the
property, an aspect that is consistent with the Comprehensive Plan.
2) Compliant with the zoning code, including any conditions imposed on specific uses as required
by article V, division 3 of the City Code:
Retaining walls within the lakeyard are permitted where they are deemed necessary to protect the
integrity of the slope. The existing lake stair is sited poorly into the slope and the proposed wall
would allow for a stable connection between the slope and stairs.
3) Adequately served by police, fire, roads, and stormwater management:
The property meets this standard.
4) Provided with an adequate water supply and sewage disposal system:
The property meets this standard.
5) Not expected to generate excessive demand for public services at public cost:
This proposal is not anticipated to impact public services.
6) Compatible with the surrounding area as the area is used both presently and as it is planned to
be used in the future:
The proposal to add a retaining wall is compatible with the surrounding area both presently and in
the future, as residential lake access for private property owners is not specific to this property.
7) Consistent with the character of the surrounding area, unless a change of character is called for
in the community management plan:
The installation of a new retaining wall to support an existing lake stair is consistent with the
character of the surrounding area.
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:
The retaining walls are proposed to be minimal in nature to provide a level entry to the lake stair
with a less than two (2) foot tall protrusion above the slope.
186
FILE # LA24-000065
18 February 2025
Page 3 of 4
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 improvements to the deck and retaining walls should not create an adverse impact on properties
in the neighborhood.
10) Provided with screening and buffering adequate to mitigate undesirable views and activities
likely to disturb surrounding uses:
The applicant has not provided a landscape plan to show how the proposed walls will be screened
when viewed from the lake. With approximately five (5) square feet of walls exposed, the Planning
Commission should discuss what appropriate screening methods should be installed for this
proposal.
11) Not create a nuisance which generates smoke, noise, glare, vibration, odors, fumes, dust,
electrical interference, general unsightliness, or other means:
The proposal is not anticipated to create a nuisance.
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 proposal is not anticipated to create excessive traffic burdens on the nearby road network.
13) Designed to take into account the natural, scenic, and historic features of the area and to
minimize environmental impact:
The proposed retaining walls appear to be the minimum size necessary to ensure a safe and level
access to the lake stair and provide a natural stone color in the exposed area. Vegetative screening is
recommended.
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:
The proposal does not include the installation of any exterior lighting.
15) Not detrimental to the public health, public safety, or general welfare:
Staff finds the proposal does not come at a detriment to the public health, safety, or welfare of
residents and landowners of the City of Orono.
A CUP may be granted subject to such conditions as the Council may prescribe. Additionally, a CUP shall
remain in effect as long as the conditions imposed by the City Council are observed, but nothing in this
section shall prevent the city from enacting or amending official controls to change the status of
conditional uses.
Public Comments
The applicant did not submit signatures or letters from adjacent neighbors. No input from the public
regarding this application has been received by staff for as of the writing of this report.
Issues for Consideration
1. The Planning Commission should discuss the need for a landscape plan and screening options
for the proposed walls.
187
FILE # LA24-000065
18 February 2025
Page 4 of 4
Planning Staff Recommendation
Staff recommends approval of the Conditional Use Permit to construct a new retaining wall within the
lakeshore setback conditioned upon installation of vegetative screening on the lake side.
List of Exhibits
Exhibit A. Staff Report
Exhibit B. Application
Exhibit C. Aerial Imagery
Exhibit D. Site Plan & Wall Details
Exhibit E. Hardcover Calculations
Exhibit F. Mailing List & Map
188
Land Use Application Summary
Application Date:12/03/2024
Address:980 Heritage Lane
Orono, MN 55391
Parcel Number:1011723110004
Land Use Number:LA24-000065
Application Submitted By:Agent on behalf of property owner
Owner:Name: GERARD & TIFFANE FERRER
Address: Barronconcierge - Tom Barron
Applicant:Name: Jake Dovre
Company: Hartman Companies
Address: 8099 Bavaria Road
Victoria, MN 55386
jake@hartmancompanies.com
Contact Information:Associated Contact:
Associated Contact:
Associated Contact:
Associated Contact:
Project Description:Retaining Wall - Dock Access Steps
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:
189
Exhibit C – Aerial Imagery of 980 Heritage Lane
190
191
RESIDENCEPORCHTERRACETANAGER LAKERAIN GARDENPORCHSCREENPORCHExist. DeckExist. DockProperty LineA
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o
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.
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o
r
e
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i
n
e37.59
3
2
9
3
4
9
3
6
9
3
8
9
4
0
9
3
0
94
2
94
4
ProposedWork AreaExist. DeckExist. DockProposedRetainingWallSod0'0'0'-4"1'-6"xxxxBARRON CONCIERGE 8099 BAVARIA ROADVICTORIA, MN 55386CLIENT:DATE:SCALE:DESIGNER:SHEET:REVISIONS:SHEET:18"X24"02.04.2025Varies ONEOverall Site Plan1 OF 2David M. Anderson N980 Heritage Lane
Orono, MN 55391Seth Eggert Dock Access Retaining WallScale: 1/4" = 1'-0"Scale: 1" = 20'-0"Existing Site ConditionExisting Site ConditionTANAGER LAKEExisting Site ConditionProposed Work Area - Wall192
ProposedRetainingWallSod0'0'0'-4"1'-6"xxxxExisting DeckA'A1'-6"0"GradeProposed/Exposed WallExisting Deck6"1"38" Chip - Bedding CourseBase Structure - 34" ClearAA'BARRON CONCIERGE 8099 BAVARIA ROADVICTORIA, MN 55386CLIENT:DATE:SCALE:DESIGNER:SHEET:REVISIONS:SHEET:18"X24"02.04.2025Varies TWOWall Details2 OF 2David M. Anderson N980 Heritage Lane
Orono, MN 55391Seth Eggert Deck-Dock Retaining WallScale: 1/2" = 1'-0"Proposed Work Area - WallProposed Wall Material - Techo-Bloc G-ForceMaterial Specifications Scale: 1" = 1'-0"Proposed Wall Elevation Cross Section per Manufacturer (Techo-Bloc)193
Page 8 of 9
Tier 1
City of Orono
Hardcover Calculation Worksheet
Property Address: 980 HERITAGE LANE
Prepared by: Hartman Companies-Contractor Date: 12/18/2024
Stormwater Quality Overlay District Tier: (Circle one) Tier 2 Tier 3 Tier 4 Tier 5
Step 1: EXISTING HARDCOVER
In the following table identify all items of existing hardcover on the property, keyed by letter to site plan or
survey (must accompany this form). Use as many lines as necessary to accurately depict existing hardcover
status of the property. For Tier 1 properties, identify any features by letter which are within the 75-foot setback
or split at the 75’ setback line and calculate hardcover square footage separately for each portion.
Key to
Survey Hardcover Item (Describe) Length x Width Total
(Square Feet)
(Example) (Garage) (24’ x 30’) (720 S.F.)
A House 5090 S.F.
B Front Stoop 140 S.F.
C Porch 243 S.F.
D Terrace 193 S.F.
E Covered Porch 158 S.F.
F Screen Porch 450 S.F.
G Hot Tub 190 S.F.
H Step 5 S.F.
I Driveway 9771 S.F.
J Retaining Walls 215 S.F.
K Retaining Walls 335 S.F.
L Planters - (126 sf & 65) 191 S.F.
M Retaining Wall 38 S.F.
N Patio 713 S.F.
O Steppers 261 S.F.
P Steps 112 S.F.
Q Landscape Borders 114 S.F.
R A/C & General Pads 27 S.F.
S Pillars 8 S.F.
T Porch 108 S.F.
U Retaining Wall 222 S.F.
V Dock Access Steps w/ top & bottom landings 72 S.F.
W S.F.
X S.F.
Y S.F.
Z S.F.
(1) Total Existing Hardcover 18728 S.F.
Excludable Hardcover (See City Code Sec 78-1684):
J 215 S.F.
K 335 S.F.
M 38 S.F.
U 222 S.F.
S.F.
(2) Total Excludable Hardcover 810 S.F.
(3) Net Existing Hardcover [Subtract line (2) from line (1)] 17918 S.F.
(4) Total Lot Area 95382 S.F.
Proposed Hardcover Percentage [ (3) ÷ (4) ] 18.19% %
(Proposed Hardcover next page)
Last Updated: January 2023
Note: This is an information sheet only, every effort has been made to insure the accuracy of the information contained herein;
however, if any information is not consistent with provisions of the City Code, the Code provisions will prevail.
194
Page 9 of 9
Tier 1
City of Orono
Hardcover Calculation Worksheet
Property Address: 980 HERITAGE LANE, ORONO
Prepared by: Hartman Companies-Contractor Date: 12/18/2024
Stormwater Quality Overlay District Tier: (Circle one) Tier 2 Tier 3 Tier 4 Tier 5
Step 2: PROPOSED HARDCOVER
In the following table, identify all items of proposed hardcover on the property, keyed by letter to site plan
or survey (must accompany this form). Include all existing hardcover items that are intended to remain, as
well as all proposed hardcover items that will be added. Use as many lines as necessary to accurately
depict proposed hardcover status of the property. For Tier 1 properties, identify any features by letter
which are within the 75-foot setback or split at the 75’ setback line and calculate hardcover square footage
separately for each portion.
Key to
Survey Hardcover Item (Describe) Length x Width Total
(Square Feet)
(Example) (Garage) (24’ x 30’) (720 S.F.)
A Retaining Wall at dock access steps 17 S.F.
B S.F.
C S.F.
D S.F.
E S.F.
F S.F.
G S.F.
H S.F.
I S.F.
J S.F.
K S.F.
L S.F.
M S.F.
N S.F.
O S.F.
P S.F.
Q S.F.
R S.F.
S S.F.
T S.F.
U S.F.
V S.F.
W S.F.
X S.F.
Y S.F.
Z S.F.
(1) Total Proposed Hardcover 17 S.F.
Excludable Hardcover (See City Code Sec 78-1684):
S.F.
S.F.
S.F.
S.F.
S.F.
(2) Total Excludable Hardcover 0 S.F.
(3) Net Proposed Hardcover [Subtract line (2) from line (1)] 17 S.F.
(4) Total Lot Area 95382 S.F.
Proposed Hardcover Percentage [ (3) ÷ (4) ] .02 %
Last Updated: January 2023
Note: This is an information sheet only, every effort has been made to insure the accuracy of the information contained
herein; however, if any information is not consistent with provisions of the City Code, the Code provisions will prevail.
195
Hennepin County Locate & Notify Map
980 Heritage
0 410 820205 Feet
Date: 12/4/2024
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
196
38 03-117-23 44 0006
HARLAN HANSON/MARCIA HANSON
1795 FOX ST
WAYZATA MN 55391
38 10-117-23 11 0002
HENNEPIN COUNTY
REGIONAL RAILROAD AUTHORITY
701 4TH AVE S SUITE 700
MINNEAPOLIS MN 55415
38 10-117-23 11 0003
MARK J SCHINDELE
ROSARIO M DELAGANA SCHINDELE
975 HERITAGE LANE
ORONO MN 55391
38 10-117-23 11 0004
C & K PROPERTIES
3735 HARPER ST
HOUSTON TX 77005
38 10-117-23 12 0003
PHH MORTGAGE CORPORATION
4001 LEADENHALL TD
MAILSTOP SV27
MT LAUREL NJ 08054
38 10-117-23 12 0004
JEFFREY A & LUCY T FOSTER
940 BROWN RD S
WAYZATA MN 55391
38 10-117-23 12 0005
KELLY B KROMER
1005 HERITAGE LA
WAYZATA MN 55391
38 10-117-23 13 0007
MICHAEL D KELLY & ANNE KELLY
1080 HERITAGE LA
WAYZATA MN 55391
38 10-117-23 13 0008
PAMELA & STEPHEN L BYRNES JR
1025 HERITAGE LA
WAYZATA MN 55391
38 10-117-23 14 0005
DENNIS L LIBBY
1000 HERITAGE LA
WAYZATA MN 55391
38 10-117-23 14 0017
MEREDITH M KUHLMANN
MICHAEL D KUHLMANN
1760 SHORELINE DR
ORONO MN 55391
38 10-117-23 14 0020
BARBARA E BURWELL
701 CARLSON PARKWAY
SUITE# 1010
MINNETONKA MN 55305
38 10-117-23 14 0021
NAME UNAVAILABLE
50 SOUTH SIXTH ST
STE 2600
MINNEAPOLIS MN 55402
38 10-117-23 14 0024
ROBERT & CAROLYN NELSON
1780 SHORELINE DR
ORONO MN 55391
38 10-117-23 14 0027
FEZZIWIG LLC
701 CARLSON PKWY STE 1400
MINNETONKA MN 55305
38 10-117-23 14 0028
FEZZIWIG LLC
701 CARLSON PARKWAY # 1400
MINNETONKA MN 55305
38 10-117-23 14 0029
FEZZIWIG LLC
701 CARLSON PKWY #1400
MINNETONKA MN 55305
38 10-117-23 14 0030
FEZZIWIG LLC
701 CARLSON PARKWAY #1400
MINNETONKA MN 55305
38 10-117-23 14 0031
SHORELINE ESTATES ASSOC
8096 EXCELSIOR BLVD
HOPKINS MN 55343
197
Date: February 18, 2025 Item: 6.4
Presenter: Matt Karney, Planner
Section: Public Hearings
Title: LA24-000066, Dean & Susan Thomson, 430 East Long Lake Road,
Conditional Use Permit & Variances (Matthew Karney)
1.Purpose:
The applicants request a conditional use permit for the keeping of farm animals in the LR-1A
zoning district and variances from the conditional use permit standards.
2.MN§15.99 Application Deadline:
The application was made on December 3, 2024 and deemed complete on December 23, 2024. The
application has been extended from the initial 60-day review period for an additional 60 days, and
this application expires on April 22, 2025.
3.Background:
The applicants request a Conditional Use Permit for farm animals and Variances from the CUP
standards outlined in Section 78-303(3) where it states, in order to keep farm animals, the property
must have the following:
At least one (1) acre for the dwelling; and
At least one (1) additional acre for each animal unit; and
Separation of at least seventy-five (75) feet between the building associated with the animals
and the nearest lot line; and
Separation of at least one-hundred-and-fifty (150) feet between the building associated with
the animals and adjacent residences.
The applicants are the property owners and have made the request on behalf of their tenants. Their
property does not meet the first three (3) of the above CUP standards and they have requested
relief from these standards. All other lot and building standards, including LR-1A setbacks, lot
width, hardcover, structural coverage, and lot size will be met.
4.Public Comment:
One public comment has been received and is provided as Exhibit H.
5.Staff Recommendation:
Planning Staff recommends denial of the Variances and the Conditional Use Permit.
6.Planning Commission Action Requested:
If the commission agrees with staff's analysis; a motion should be made for denial of the proposed
application.
AGENDA ITEM
198
Exhibits
Exhibit A - Staff Report
Exhibit B - Application
Exhibit C - Aerial Imagery
Exhibit D - Practical Difficulties Analysis
Exhibit E - Site Plan & Coop Rendering
Exhibit F - Hardcover Calculations
Exhibit G - Additional Pigeon Information
Exhibit H - Public Comment
Exhibit I - Mailing List & Map
199
Date Application Received: 12/03/2024
Date Application Considered as Complete: 12/23/2024
120-Day Review Period Expires: 04/22/2025
To: Chair Bollis and Planning Commission Members
Adam Edwards, City Administrator
From: Matthew Karney, Planner
Date: 18 February 2025
Subject: #LA24-000066, Dean & Susan Thomson, 430 East Long Lake Road
Conditional Use Permit & Variances – Public Hearing
Background
The subject property is a nonconforming-sized property located in the LR-1A zoning district. It is 0.77-acre
lot where a 2.0-acre minimum lot size is required. The property has one neighbor to the north and one
neighbor across East Long Lake Road; and is surrounded on the east and south by the wooded area
intended to be combined into Wood-Rill SNA (Wood-Rill Scientific and Natural Area).
The applicants request a Conditional Use Permit (CUP) for farm animals and Variances from the CUP
standards outlined in Section 78-303(3) where it states, in order to keep farm animals, the property must
have the following:
1) At least one (1) acre for the dwelling; and
2) At least one (1) additional acre for each animal unit; and
3) Separation of at least seventy-five (75) feet between the building associated with the animals and
the nearest lot line; and
4) Separation of at least one-hundred-and-fifty (150) feet between the building associated with the
animals and adjacent residences.
The applicants are the property owners and have made the request on behalf of their tenants. Their
property does not meet the first three (3) of the above CUP standards and they have requested relief from
these standards. All other lot and building standards, including LR-1A setbacks, lot width, hardcover,
structural coverage, and lot size will be met.
The applicants’ proposal is for up to thirty (30) pigeons to be kept on the property. The pigeons will be
kept in an enclosed coop (54 square feet) in the southeast corner of the property, approximately 35 feet
from the eastern property line and 55 feet from the southern property line. According to the applicants,
the pigeons to be kept are show pigeons, which can tolerate the cold and dark as the proposed coop will
not be heated or lit. The pigeons are to be kept in the coop and will not be free to fly. The applicants state
the noise generated from the pigeons would be minimal, and the coop would be cleaned regularly to
reduce potential odors. The applicants’ tenants intend to involve themselves with local pigeon breeding
associations and can reasonably stay within the thirty (30) pigeon threshold requested.
Conditional Use Permit Analysis:
The applicants have provided a narrative, proposed coop location, a rendering of the proposed coop,
hardcover calculations, and details on the pigeons. The CUP standards for LR-1A district, and further, the
Animals chapter in Title V (Public Protection) of the City Code, do not specifically list pigeons as
Application Summary: The applicants request a conditional use permit for the keeping of farm animals
in the LR-1A zoning district and variances from the conditional use permit standards.
Staff Recommendation: Planning Staff recommends denial of the application as submitted.
200
FILE # LA24-000066
18 February 2025
Page 2 of 8
domesticated animals or farm animals. Staff is considering pigeons as farm animals (fowl) as the pigeons
will be kept outside of the existing single-family residence in a zoning district that permits the keeping of
farm animals. Sections 62-1 and 78-1 of Orono’s City Code define farm animals as “cattle, horses, mules,
sheep, goats, swine, ponies, ducks, geese, turkeys, chickens, guinea hens and honeybees.” Chapter 62
also defines animals as “farm animals and all other animals, reptiles and feathered birds or fowl except
dogs, domestic cats, gerbils, hamsters and caged household birds”. Neither of the relevant Code Chapters
provide standards specific to the keeping of pigeons.
Staff conducted research of zoning regulations in other communities in the Twin Cities area, and other
similarly-sized rural communities within Minnesota. Most communities do not have a broad definition of
domesticated animals that could include pigeons, or reference pigeons whatsoever. Only one community
studied, the City of Champlin, defines pigeons, regulates them, and requires an annual permit.
The pigeons in this situation are domesticated show pigeons and have been described by the applicants
as similar to other fowl or feathered birds, but kept in a manner more akin to farm animals in an outdoor
building.
Practical Difficulties Analysis
Applicant Submittal Information:
The applicant has provided responses to the City’s practical difficulty criteria. They indicate the lot size is
unchangeable and excludes them from having farm animals. Additionally, they have selected a location
on their property that best mitigates the potential impacts of the pigeons. By siting the coop 35 feet from
the eastern property line and 55 feet from the southern property line, they will use existing tree coverage
to screen the coop from other properties and East Long Lake Road.
Planning Staff Practical Difficulty Analysis:
Staff does not view a nonconforming lot size as a practical difficulty to support a conditional use permit
for an accessory use, keeping farm animals. The property owners already have a conforming, primary
residential use on the site. The minimum lot area requirements of one (1) acre for the dwelling and one
(1) acre for each animal unit are in place to provide separation from the animals and adjacent neighbors.
If the property cannot meet the minimum area requirements it may not be a good fit for keeping farm
animals. If pigeons are found to be less impactful than traditional farm animals, the proposed location
within 75 feet of the adjacent property lines may be reasonable. The existing natural features of the
wooded property and topography may screen the use from neighbors.
Conditional Use Permit (Sections 78-303)
Section 78-303(3) states:
Keeping of farm animals for noncommercial purposes and for the use of the occupants of premises,
provided that:
b. Where the applicant requests a conditional use permit to keep farm animals other than horses,
there must be at least one acre for the dwelling and one acre for each animal unit. Calculations
of minimum acreage required shall not include any land defined as a wetland or wetland buffer
under Section 78-1602:
This criterion has not been met. A variance is requested to allow farm animals on the subject
property which is 0.77 acres in size.
c. Any building or structure associated with the animals is located more than 150 feet from the
nearest adjacent residence and at least 75 feet from the nearest lot line:
201
FILE # LA24-000066
18 February 2025
Page 3 of 8
This criterion has not been met. The applicants propose a coop structure that is more than 150 feet
from the nearest adjacent resident, but request a variance for the coop structure location 35 feet
from the eastern property line and 55 feet from the southern property line.
d. The use is operated in compliance with Chapter 62, Animals:
This criterion has not been met. Section 62-3 stipulates that Farm Animals should be kept in
accordance with Chapter 78 of the City Code, and the request does not meet the Conditional Use
criteria within Chapter 78, or the aforementioned standards.
In addition to the conditions listed in Section 78-303(3), Section 78-916 provides a list of conditions
supporting Conditional Use Permit (CUP) issuance. The Planning Commission may recommend and the
Council may grant a CUP as the use permit was applied for or in modified form. Based on the application
and the evidence submitted, the city must find that the proposed use at the proposed location is or will
be:
1. Consistent with the community management plan:
The Comprehensive Plan allows for residential use and there is a single-family residence on the
property. A conditional use permit to allow for the keeping farm animals is accessory to the residential
use and based on the nonconforming lot size it is consistent with the Comprehensive Plan.
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 request does not comply with the zoning code as the conditional use standards requiring a
minimum of two (2) acres for farm animals and at least 75 feet of separation between a structure
associated with the farm animals and the property lines are not being met. There are no additional
conditions imposed on this use within the City Code. This condition cannot be met without the granting
of variances.
3. Adequately served by police, fire, roads, and stormwater management:
The property meets this standard.
4. Provided with an adequate water supply and sewage disposal system:
The property meets this standard.
5. Not expected to generate excessive demand for public services at public cost:
This proposal is not anticipated to impact public services.
6. Compatible with the surrounding area as the area is used both presently and as it is planned to
be used in the future:
The area where the subject property is located is a mixture of lakeshore residential (LR-1A) and rural
residential (RR-1B) to the south. LR-1A zoning allows for farm animals as a conditional use and RR-1B
as an accessory use, but both specify the minimum property size of two (2) acres. Although the area
allows for farm animals, the subject property itself does not meet the minimum standards.
7. Consistent with the character of the surrounding area, unless a change of character is called for
in the community management plan:
202
FILE # LA24-000066
18 February 2025
Page 4 of 8
The character of the area leans on its natural resources; proximity to Long Lake, abundant trees and
wildlife. To the south and east of the property lies undeveloped land owned by the Minnesota
Department of Natural Resources. Keeping farm animals is consistent with the rural character of this
area, despite the substandard size of the property itself.
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:
Including the few nearby single-family residences, the surrounding area is rural in nature. The keeping
of farm animals in a small coop in a screened area of the property would be compatible with the site
improvements in the area.
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 potential impacts of keeping farm animals on a property of less than two (2) acres may impair the
use and enjoyment of other properties in the area when compared to the permitted use of a single-
family residence. The spirit of this standard is to ensure there is adequate buffering between farm
animals and adjacent properties or residences, so potential negative effects such as noise or odor can
be reduced.
10. Provided with screening and buffering adequate to mitigate undesirable views and activities likely
to disturb surrounding uses:
The conditional use standards for farm animals requires 150 feet of separation between animal
enclosures and neighboring residences, and 75 feet of separation from property lines. The applicants
have proposed a coop location as close as 35 feet from a property line, and have requested relief from
the 75-foot setback. They articulate the proposed coop location is better screened from other
properties and East Long Lake Road than if the setback is met; something staff agrees with. The trees
and woods of the surrounding area are located near the edge of the property, whereas the interior of
the property where the setback could be met is more visible than the proposed location. Additionally,
both adjacent properties that the coop would encroach upon are vacant with significant tree coverage.
11. Not create a nuisance which generates smoke, noise, glare, vibration, odors, fumes, dust,
electrical interference, general unsightliness, or other means:
The proposal is not anticipated to create a nuisance as applied; however, if a nuisance should occur,
the size of the property could affect adjacent properties.
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 proposed land use is not anticipated to impact traffic or parking in the area.
13. Designed to take into account the natural, scenic, and historic features of the area and to minimize
environmental impact:
The proposed coop is to be located in an area that is screened by the natural environment, however,
it does not meet the setbacks stipulated within the conditional use standards.
203
FILE # LA24-000066
18 February 2025
Page 5 of 8
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:
The proposal does not include any exterior lighting of any kind.
15. Not detrimental to the public health, public safety, or general welfare:
Staff finds the proposal may come at a detriment to the public health, safety, or welfare of residents
and landowners within Orono. The two (2) acre requirement for a conditional use permit for farm
animals is intended to provide adequate separation between an owner’s farm animals and adjacent
properties.
A CUP may be granted subject to such conditions as the Council may prescribe. Additionally, a CUP shall
remain in effect as long as the conditions imposed by the City Council are observed, but nothing in this
section shall prevent the city from enacting or amending official controls to change the status of
conditional uses.
Variance Governing Regulation: Variance (Section 78-123)
In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed
variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions,
light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding
area. The Planning Commission shall consider recommending approval for variances from the literal
provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties
because of circumstances unique to the individual property under consideration, and shall recommend
approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the
Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical
difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems.
Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. §216C.06, subd. 14,
when in harmony with this chapter. The board or the council may not permit as a variance any use that
is not permitted under this chapter for property in the zone where the affected person's land is located.
The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family
dwelling.
According to MN §462.357 Subd. 6(2) variances shall only be permitted when:
1. The variance is in harmony with the general intent and purpose of the Ordinance:
The variance for farm animals on a property less than two (2) acres is not in harmony with the intent
and purpose of the ordinance. However, should the Planning Commission and City Council support the
proposal, the proposed location of the coop within the 75-foot setback may be a reasonable
encroachment to reduce potential impacts of the animals on the property. This criterion is not met.
2. The variance is consistent with the comprehensive plan:
The Comprehensive Plan allows for residential use and there is a single-family residence on the
property. The variance from the conditional use standards for keeping farm animals, which is accessory
to the residential use, is consistent with the Comprehensive Plan. This criterion is met.
3. The applicant establishes that there are practical difficulties:
a. The property owner proposes to use the property in a reasonable manner not permitted
by the official controls:
204
FILE # LA24-000066
18 February 2025
Page 6 of 8
The applicants’ proposal is reasonable, as owning pigeons is not found to be an intensive or
impactful land use. There is not an effective land use mechanism to allow for pigeons to be
kept on a property without considering them as farm animals. Since the subject property does
not conform with the minimum requirements of the CUP for farm animals, the applicants do
not have an avenue to keep pigeons on the property without relief through the variance
process. This criterion is not met.
b. There are circumstances unique to the property not created by the landowner:
The property is not large enough to qualify for the keeping of farm animals. The property is
located in a wooded area and they have proposed a coop location to best utilize the trees on
their property for buffering and screening, but it is too close to the property lines to conform
to the conditional use standards. This criterion is met.
c. The variance will not alter the essential character of the locality:
The variance to allow farm animals on a property of less than two (2) acres may alter the
character of the area, as farm animals are intended to be kept on larger two-plus (2+) acre
properties that create adequate physical separation from each other. This criterion is not met.
Additionally, City Code 78-123 provides additional parameters within which a variance may be granted as
follows:
4. Economic considerations alone do not constitute practical difficulties:
Economic considerations are not found to be 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 keeping farm animals is permitted as a conditional use in LR-1A
zoning.
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 subject property is zoned LR-1A with a two (2) acre minimum lot size and is roughly 0.77 acres in
size. A nonconforming lot size is not a practical difficulty to allow for relief from the conditional use
standards intentioned to create adequate separation between farm animals and other properties and
residences. This criterion is not met for this request.
The area has significant tree coverage. The proposed coop location that does not meet setbacks, is
sited to take advantage of natural vegetation to reduce potential impacts. Staff finds the variance
request for the setbacks of the pigeon coop to be reasonable, where a conforming coop location would
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FILE # LA24-000066
18 February 2025
Page 7 of 8
be in a part of the property that is more visible to the street and less screened overall. This criterion is
met for this request.
9. The conditions do not apply generally to other land or structures in the district in which the land
is located:
The subject property and its adjacent neighbors along the east side of East Long Lake Road have
nonconforming lot sizes and would otherwise be ineligible to have farm animals as a conditional use.
Farm animals have the potential to impact other properties, especially when the physical separation
stipulated by the conditional use standards by lot size and setbacks cannot be met. This criterion is not
met.
10. The granting of the application is necessary for the preservation and enjoyment of a substantial
property right of the applicant:
The keeping of farm animals is conditioned on having a large enough property to create enough
distance to buffer the impacts of the animals from neighbors. Staff contends a conditional use permit
for farm animals on a substandard lot is not a necessity for the applicants’ enjoyment of their property
rights. This criterion is not met.
11. The granting of the proposed variance will not in any way impair health, safety, comfort, or
morals, or in any other respect be contrary to the intent of this chapter:
Granting the requested variances would be inconsistent with the intent of the conditional use
standards for farm animals. The lot size requirement is distinct in its intent to limit the keeping of farm
animals to properties that are large enough to mitigate potential impacts from surrounding properties
and neighbors. This criterion is not met.
12. The granting of such variance will not merely serve as a convenience to the applicant but is
necessary to alleviate demonstrable difficulty:
The requested variances are not necessary to use the property as it is zoned. Although LR-1A zoning
allows for farm animals, the lot size requirement indicates only conforming properties of at least two
(2) acres should be considered for this conditional use.
The Commission may recommend or the Council may impose conditions in granting variances. Any
conditions imposed must be directly related to and must bear a rough proportionality to the impact
created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter
in the district where such land is located.
Public Comments
The applicant did not submit signatures or letters from adjacent neighbors. One (1) public comment was
provided by a nearby resident that is opposed to the CUP, included in this packet as Exhibit F.
Issues for Consideration
1. Is thirty (30) a reasonable request for the number of pigeons to be considered akin to an animal
unit on this property?
2. The Commission should discuss staff’s evaluation of pigeons as farm animals.
3. Should the Planning Commission be in support of the request, conditions of approval appropriate
to mitigate potentially adverse impacts from the keeping of pigeons, compared to fowl or similar
farm animals should be discussed.
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FILE # LA24-000066
18 February 2025
Page 8 of 8
Planning Commission Consideration
Options for Motion:
1. Deny the CUP and Variance requests as applied. If the Planning Commission finds a practical
difficulty has not been demonstrated for the keeping of farm animals on the property, and the
CUP is contingent on approval of the variances. The CUP and variances can be denied with one
motion.
2. Approve the CUP and variance requests as applied. If the Planning Commission finds the keeping
of pigeons on the property in the proposed location is reasonable, both variances and the CUP
should be approved together with one motion.
Staff does not recommend making a split motion as the findings of a denial for the requested variances
effectively negates the approval of the CUP.
Planning Staff Recommendation
Staff recommends denial of the variances. As the variances are necessary for meeting the conditional use
standards, staff also recommends denial of the Conditional Use Permit.
List of Exhibits
Exhibit A. Staff Report
Exhibit B. Application
Exhibit C. Aerial Imagery
Exhibit D. Practical Difficulty Analysis & Additional Information
Exhibit E. Proposed Site Plan & Coop Rendering
Exhibit F. Hardcover Calculations
Exhibit G. Pigeon Information
Exhibit H. Public Comment(s)
Exhibit I. Mailing List & Map
207
Land Use Application Summary
Application Date:12/03/2024
Address:430 East Long Lake Road
Wayzata, MN 55391
Parcel Number:
Land Use Number:LA24-000066
Application Submitted By:Property Owner
Owner:Name:
Address: Fabyanske, Westra, Hart & Thomson, P.A. - Dean Thomson
Applicant:Name: Dean Thomson
Company: Fabyanske, Westra, Hart & Thomson, P.A.
Address:
,
dthomson@fwhtlaw.com
Contact Information:Associated Contact:
Associated Contact:
Associated Contact:
Associated Contact:
Project Description:Pigeon coop
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:
208
Exhibit C – Aerial Imagery of 430 East Long Lake Road
209
210
430 East Long Lake Rd Practical Difficulty Responses
1) The variance is in harmony with the general intent and purpose of the Ordinance:
It’s helpful to keep in mind what variance is being requested. We seek
permission to build an 8’ x 8’ pigeon coop on our property. The pigeons will
remain in the coop and not be able to fly in and out of the coop. The pigeons will
eventually number approximately 20 and will be kept as pets and may be traded
among other pigeon keepers in the state. While the City classifies pigeons as
farm animals, they are more like pets and will be closely contained in the coop.
Thus, the variance request is analogous to a dog kennel kept by homeowners
and is consistent with the general intent and purpose of the residential zoning for
this piece of property.
2) The variance is consistent with the comprehensive plan:
The keeping of unobtrusive pigeons that will not affect the quiet use and
enjoyment of the neighbors’ property.
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 City does not allow farm animals on property less than two acres, and
this property is .7 acres. Because the pigeons will be kept in the 8’ x 8’ coop,
the variance will keep the pigeons in a reasonable manner that should not
affect the character of the property or neighboring properties.
b. There are circumstances unique to the property not created by the landowner:
The size of the property lot cannot be changed and is unique to this property.
c. The variance will not alter the essential character of the locality:
Just like a dog kennel, that would be an allowed use, the pigeon coop will not
alter the essential character of the locality. In fact, the pigeon coop will be
less intrusive because the pigeons do not bark or whine as dogs often do.
4) Economic considerations alone do not constitute practical difficulties:
There is no economic reason for the request. The variance is being sought
because the tenants are refugees from a war torn section of Ukraine. While in
Ukraine, the father of the family used to raise pigeons for 50 years. He is now in
the United States where he does not speak English. While he is relieved to be
here and out of a war zone, he misses his homeland hobbies and is suffering the
stress that any new immigrant in such circumstances would. Keeping pigeons
would help him relieve his relocation stress by allowing him to continue a life-long
hobby.
211
5) Practical difficulties also include but are not limited to inadequate access to direct
sunlight for solar energy systems. Variances shall be granted for earth-sheltered
construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with
Orono City Code Chapter 78:
NA
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:
NA
7) The board or council may permit as a variance the temporary use of a one-family
dwelling as a two-family dwelling:
NA
8) The special conditions applying to the structure or land in question are peculiar to
such property or immediately adjoining property:
This particular property is bounded on the South and East borders by Wood Rill,
which is a 100 acre DNR protected forest, so the proposed coop would not be
inconsistent with the purpose and use of Wood Rill. The location of Wood Rill
makes the .7 acre size of this property somewhat irrelevant as is bounded by a
public nature preserve.
9) The conditions do not apply generally to other land or structures in the district in
which the land is located:
NA
10) The granting of the application is necessary for the preservation and enjoyment
of a substantial property right of the applicant:
The keeping of pets, even pets that are marginally “farm animals”, is a
substantial property right of landowners.
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:
There is nothing unhealthy about keeping pigeons. Any guano from the birds will
be spread on gardens on the property, which is no different from applying any
other type of fertilizer. If cow manure can be spread on gardens, then bird guano
can as well without concern.
12) The granting of such variance will not merely serve as a convenience to the
applicant but is necessary to alleviate demonstrable difficulty:
The land is only .7 acres which is a demonstrable difficulty. Please see the
answer to question #4 as to why the variance responds to a real humanitarian
need and is not merely one of convenience.
212
213
214
215
216
From:Susan Thomson
To:Matthew Karney
Cc:Dean B. Thomson; Helen R. Hawkinson-Mike
Subject:Re: 430 E Long Lake Rd - LA24-66 - Application Incomplete
Date:Sunday, December 22, 2024 3:58:51 PM
Attachments:Survey 430 East Long Lake Road.pdf
Hardcover Calculation Worksheet.pdf
Matt,
Thank you for your recent email which is helpful. Your email requested us to address three
topics. Below is the additional information for the three topics which we would like to review
with you on Monday 12/22/24. We provide this narrative with more details on the pigeon
coop to supplement our application for a conditional use permit and variance. Please let us
know if this email supplement is sufficient or if we have to modify the application form itself.
We are happy to follow your guidance.
Three topics:
1. “The survey and site plan are insufficient. Using either a complete survey, aerial or
a dimensioned site plan, show the existing and proposed improvements. The site plan
should be in US Customary units and show all property lines and distances of structures
from them.”
We attach a scanned copy of the survey for 430 East Long Lake Road on which we show
existing and proposed improvements. The property lines and distances of structures are
shown on the scanned attachment. You will see on the scanned survey that we sketched in
the remainder of the house, the driveway, and the proposed pigeon coop. (The old shed
which has no roof or floor is already shown on the survey.) As shown on the attached scanned
survey, the location of the proposed pigeon coop is located 35 feet from the east property line
and 55 feet from the south property line.
2. “Please submit a Hardcover Calculation Worksheet. Note, this property is Tier 2
with a maximum of 30% hardcover.”
We attach a completed scanned copy of the Hardcover Calculation Worksheet. There are four
hardcover areas on the property:
House: 1,312 sq. footage
Old Shed: 104 sq. footage
Proposed Pigeon Coop: 54 sq. footage
Driveway: 2,136 sq. footage
Total Hardscape: 3,606 sq. footage
This property lot square footage is 31,960.
3. “I read the first page of Email re Pigeon Coop with diagram and photo.pdf as a
cover letter. I would suggest taking another try at this, as some of the statements are
difficult to understand. A cover letter in this instance should describe how the pigeons
217
are kept and how impacts (i.e. sound, smell, visual, etc.) will be mitigated. “
Here is additional information: The coop, including the enclosed fenced in area, is
approximately 6’ x 9’ (this is different from the 8’ x 8’ dimension we stated in our original
application). The proposed location of the pigeon coop is in the southeast corner of the
property. Specifically, the proposed location is 35 feet from the east property line and 55 feet
from the south property line. See the scanned attached survey on which the proposed pigeon
coop is shown.
Pigeons tolerate winter conditions well and the coop will not be heated, nor will it be lighted
because as soon as the sun sets the pigeons fall asleep. The proposed coop is small in size and
not visible from the road or the neighbor’s property to the north so the visual impact of the
proposed structure is minimal.
Here is additional background information: Our tenants are war refugees from Ukraine who
reside at 430 East Long Lake Road. They include a father, mother, son, daughter-in-law and
grandson who attends 5th grade in the Orono school district. The father started raising
pigeons in Ukraine since he was six years old and it has been his hobby for 55 years. The coop
he would like to build is the same type of pigeon coop that had in Ukraine. He would start with
eight pigeons and eventually keep no more than 30 in the coop.
There are many different pigeon breeds, and the type he intends to raise here are like the
ones he raised in Ukraine which are NOT homing pigeons but instead are show pigeons bred
for their beauty and exhibitions. I’ve attached two pictures of the breed. These show pigeons
are kept enclosed in the fenced in, unheated outdoor coop and are not released or free to fly
outside the coop. The birds are quite quiet; they do not screech or crow, but they occasionally
mummer and coo. Because the pigeons are quite quiet and given the proposed location of the
coop, the sound impact of the pigeon coop is minimal.
The tenants have a large garden in the backyard where they grow vegetables. The father will
clean the coop daily and any pigeon droppings will be used to fertilize the garden. Using the
pigeons' droppings as garden fertilizer was their practice in Ukraine where the father was a
farmer growing vegetables and seedlings for sale in the local market. (He also worked for a
railroad.) The smell of the pigeon droppings is barely detectable. Given the minimal smell of
the pigeon droppings and the proposed plan to use the droppings in their garden, the impact
of smell from the proposed pigeon coop is minimal.
While in Ukraine, the father was a member of pigeon breeding associations, and with the
approval of this conditional use permit, he would care for pigeons at 430 East Long Lake Road
and then he will be eligible and intends to join pigeon associations in Minnesota and nearby
regions. Members of these associations often trade and exchange pigeons with each other
and hold pigeon exhibitions. As stated earlier in this text, the father plans to start with 8
pigeons and would limit his pigeons to 30, trading or gifting away any pigeons in excess of 30
to other association members.
218
Allow sender | Block sender |
Report
As shown on the scanned attached copy of the Hardcover Calculation Worksheet, the square
footage of the coop would add approximately 54 square feet of hardscape which is a minimal
impact on the total property hardscape.
On Wed, Dec 18, 2024 at 8:50 AM Matthew Karney <MKarney@oronomn.gov> wrote:
Caution! This message was sent from outside your organization.
Thanks, Susan.
Let me know if you need any further guidance.
Kind regards,
Matthew Karney
Planner, Community Development
City of Orono
P: 952-249-4626
E: mkarney@oronomn.gov
City Website
From: Susan Thomson <susan@serveminnesota.org>
Sent: Tuesday, December 17, 2024 8:06 PM
To: Matthew Karney <MKarney@oronomn.gov>
Cc: Dean B. Thomson <DThomson@fwhtlaw.com>; Helen R. Hawkinson-Mike
<hhawkinson@fwhtlaw.com>
Subject: Re: 430 E Long Lake Rd - LA24-66 - Application Incomplete
Matthew
219
220
221
From:William Bauman
To:Matthew Karney
Cc:Jessica Bauman
Subject:Comment regarding LA24-000066 - 430 East Long Lake Road conditional farm animal permit
Date:Monday, January 13, 2025 9:41:03 PM
Hi Matt - Thank you for your time last week to discuss the notice regarding 430 East Long
Lake Road. Jessica and I would like to submit the following comments:
Dear Planning Commission:
We would like to highlight that it is the tenants' burden to show why the Planning Commission
should grant a conditional permit. To date, based on publicly available information, the tenants
have not explained why they need to house farm animals on a residential property surrounded
by neighbors and they haven't explained what steps they have taken to address their failures to
meet the zoning and acreage requirements.
While we do not have insight as to the purpose of the pigeons which the tenant wishes to
house on the property, we have concerns that any animal held outdoors, particularly caged
birds, will function as bait for their wild predators, including coyotes, foxes, owls, eagles,
raccoons, and opossums that reside in neighboring areas, including the bordering Wood-Rill
Scientific and Natural Area. In drawing these predators, the introduction of a new and caged
avian species would create unnecessary danger for multiple families with young children in
close proximity to 430 East Long Lake Road. We would like our children to continue enjoying
the freedom to play in their own backyard without the added concern of dangerous animals
frequenting the area.
In addition to the zoning precedent and safety concerns, there are other unintended
consequences, including, but not limited to, disease, noise, smell, and breeding, that we would
request the Planning Commission consider.
William and Jessica Bauman - 460 East Long Lake Road
222
Hennepin County Locate & Notify Map
430 East Long Lake
0 410 820205 Feet
Date: 12/4/2024
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
223
38 35-118-23 13 0002
CITY OF ORONO
BOX 66
CRYSTAL BAY MN 55323
38 35-118-23 13 0003
JEREMY & SARA WELLER
1000 OLD LONG LAKE RD
ORONO MN 55391
38 35-118-23 14 0002
LINDA NETJES
550 EAST LONG LAKE RD
WAYZATA MN 55391
38 35-118-23 14 0003
WILLIAM JAMES BAUMAN
JESSICA LYNNE BAUMAN
460 E LONG LAKE RD
ORONO MN 55391
38 35-118-23 14 0004
GREGORY WILLIAM HAMMAN
450 E LONG LAKE RD
ORONO MN 55391
38 35-118-23 14 0005
SUSAN D THOMSON REV TR
685 OLD LONG LAKE RD
WAYZATA MN 55391
38 35-118-23 14 0006
MINNESOTA DNR
DIV OF LANDS & MINERALS
500 LAFAYETTE RD BOX 45
ST PAUL MN 55155
38 35-118-23 14 0008
MINNESOTA DNR
DIV OF LANDS & MINERALS
500 LAFAYETTE RD BOX 45
ST PAUL MN 55155
38 35-118-23 41 0004
REED BALES & JEANNE BALES
970 WAYZATA BLVD W
WAYZATA MN 55391
38 35-118-23 41 0020
DNR REAL ESTATE MGMT
ATTN DEBBIE GURTIN
500 LAFAYETTE RD
ST PAUL MN 55155
38 35-118-23 41 0027
DEAN B & SUSAN D THOMSON
685 OLD LONG LAKE RD
WAYZATA MN 55391
38 35-118-23 41 0028
LARRY R CARLSON
965 OLD LONG LAKE RD
WAYZATA MN 55391
38 35-118-23 41 0029
KARIN H ANDERSON
925 OLD LONG LAKE RD
WAYZATA MN 55391
38 35-118-23 42 0001
DORSEY & WHITNEY TRUST CO
401 E EIGHTH ST SUITE 319
SIOUX FALLS SD 57103
72 35-118-23 13 0017
MICHAEL T FELDMANN
RACHEL M FELDMANN
1010 OLD LONG LAKE RD
WAYZATA MN 55391
72 35-118-23 13 0026
CASTLE ROCK FINANCIAL CORP
300 COON RAPIDS BLVD
STE 100
COON RAPIDS MN 55433-5644
224
Date: February 18, 2025 Item: 6.5
Presenter: Matt Karney, Planner
Section: Public Hearings
Title: LA24-000067, Northstar Renovations LLC, 2691 Ethel Avenue, Variances
(Matthew Karney)
1.Purpose:
The applicant requests an average lakeshore setback variance for a deck replacement.
2.MN§15.99 Application Deadline:
The application was made on December 10, 2024 and deemed complete on January 7, 2025. The
application was given as administrative extension resulting in 120-day review period to expire on
May 7, 2025.
3.Background:
The applicant proposes a new deck, retaining walls, and landscaping on an LR-1C zoned property
located at 2691 Ethel Avenue. Variances were granted in 2023 allowing modifications to the
existing home and a new deck lakeward of the average lakeshore setback (LA23-000021;
Resolution No. 7372 (Exhibit E). The proposed deck is a modification from the approved plans
within the ALS, necessitating additional review by the Planning Commission and City Council.
Per the cover letter submitted by the applicant, the previous contractor completed most of the
previous project, but exited prior to completing the formerly approved deck improvements.
4.Public Comment:
No public comments have been received.
5.Staff Recommendation:
Planning Staff recommends approval.
6.Planning Commission Action Requested:
If the commission agrees with staff's analysis; a motion should be made for approval of the
proposed application.
AGENDA ITEM
Exhibits
Exhibit A - Staff Report
Exhibit B - Application
Exhibit C - Aerial Imagery
Exhibit D - Cover Letter
Exhibit E - Practical Difficulties Analysis
Exhibit F - Survey & Landscape Plan
Exhibit G - Deck Plans
Exhibit H - Resolution #7372
225
Exhibit I - Mailing List & Map
226
Date Application Received: 12/10/2024
Date Application Considered as Complete: 01/07/2025
120-Day Review Period Expires: 05/07/2025
To: Chair Bollis and Planning Commission Members
Adam Edwards, City Administrator
From: Matthew Karney, Planner
Date: 18 February 2025
Subject: #LA24-000067, Northstar Renovations LLC, 2691 Ethel Avenue
Variances – Public Hearing
Background
The applicant proposes a new deck, retaining walls, and landscaping on an LR-1C zoned property
located at 2691 Ethel Avenue. Variances were granted in 2023 allowing modifications to the existing
home and a new deck lakeward of the average lakeshore setback (LA23-000021; Resolution No. 7372
(Exhibit E). The proposed deck is a modification from the approved plans within the ALS, necessitating
additional review by the Planning Commission and City Council. Per the cover letter submitted by the
applicant, the previous contractor completed most of the previous project, but exited prior to
completing the formerly approved deck improvements.
Practical Difficulties Analysis
Applicant Submittal Information:
The applicant has indicated that the setbacks applicable to the property make it difficult to complete
work on the property. The location of the stairs was found to be of issue impacting the lakeview of
the property owner to the north/west. The new deck configuration will better screen the stairs from
the lake views of adjacent residences.
Planning Staff Practical Difficulty Analysis:
The adjacent lakeshore neighbor (2697 Ethel Avenue) to the east has an irregular, flag shape with a
narrow strip of land providing lake access and a building envelope located behind the subject
property. The orientation of this neighbor creates a unique ALS that nearly renders the subject
property unbuildable by eliminating the building envelope to the site. Staff agrees the location of the
ALS impacting this property is a practical difficulty.
LOT ANALYSIS WORKSHEET
Section 78-350 & 78-1279 – Setbacks:
*Existing Deck refers to the setback measurements of the survey approved with file LA23-000021.
Application Summary: The applicant requests an average lakeshore setback (ALS) variance
for a deck replacement.
Staff Recommendation: Planning Department Staff recommends approval.
LR-1C Required Existing Proposed
Interior Side (North) 10’ 20.8’ Existing Deck* ~22’ Proposed Deck
Interior Side (South) 10’ 33.5’ Existing Deck* ~26’ Proposed Deck
Lakeshore 75’ ~84.3’ Existing
Deck* ~88’ Proposed Deck
Average Lakeshore The existing home is ~25’ lakeward of the ALS line. The proposal
will increase this encroachment by ~6’.
227
FILE #LA24-000067
18 February 2025
Page 2 of 4
Section 78-1403 – Structural Building Coverage:
Total Lot Area Total Structural Coverage
33,836 s.f. (0.78 acre) Allowed: 6,767 s.f. *
Existing: 2,366 s.f. (7%)
Proposed: 2,366 s.f. (7%)
*Maximum footprint of structures cannot exceed 20% of lot size on lots >10,000 s.f. Code Sec. 78-1403 (a)(1)
Section 78-1680 and 78-1700 – Hardcover Calculations:
Stormwater
Overlay
District Tier
Total Area
in Zone
Allowed
Hardcover Existing Hardcover Proposed Hardcover
Tier 1 33,836 s.f. 8,459 s.f.
(25 %)
5,840 s.f.
(17.3%)
0 s.f. within
75’
8,435 s.f.
(24.9%)
~100 s.f.
within 75’
Applicable Regulations:
Average Lakeshore Setback Variances (Section 78-1279)
The ALS excludes most of the property from development. The findings supporting Resolution 7372
(file LA23-000021) still apply with the new proposed application. Staff found an exceptional practical
difficulty impacting the owners’ ability to make improvements to their house have not substantially
changed.
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 Average Lakeshore Setback (ALS) makes the development and improvement of this property
and existing house challenging. The proposal does not significantly encroach into the lake views
of the adjacent owners along Lake Minnetonka, meeting the intent and purpose of the Ordinance.
2. The variance is consistent with the comprehensive plan:
The proposed variance to construct a deck as an accessory use to a single-family residence is
permitted within LR-1C zoning and is consistent with the comprehensive plan.
3. The applicant establishes that there are practical difficulties.
228
FILE #LA24-000067
18 February 2025
Page 3 of 4
a. The property owner proposes to use the property in a reasonable manner not
permitted by the official controls:
The request to build a deck lakeward of the ALS is reasonable and meets all other
applicable zoning regulations.
b. There are circumstances unique to the property not created by the landowner:
The existing home is located with the ALS and any improvements to the home would fall
within the lake views of the adjacent neighbors.
c. The variance will not alter the essential character of the locality:
The variance bears similarities to the approvals granted in 2023. The proposed deck would
not substantially impact the neighbor’s views of the lake and will fit the character of the
neighborhood according to the submitted and reviewed information.
Additionally, City Code 78-123 provides additional parameters within which a variance may be
granted as follows:
4. Economic considerations alone do not constitute practical difficulties:
Economic considerations have not been a factor in the variance approval determination.
5. Practical difficulties also include but are not limited to inadequate access to direct sunlight
for solar energy systems. Variances shall be granted for earth-sheltered construction as
defined in Minn. Stat. § 216C.06, subd. 17, when in harmony with Orono City Code Chapter
78:
This condition is not applicable.
6. The board or the council may not permit as a variance any use that is not permitted under
Orono City Code Chapter 78 for property in the zone where the affected person's land is
located:
This condition is not applicable; a deck attached to a single-family home is allowed within 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 subject property is encumbered by an ALS that severely limits the ability of the property to be
further developed, and limits expansions or changes to the existing home and deck.
9. The conditions do not apply generally to other land or structures in the district in which the
land is located:
The subject property is surrounded on three (3) sides by its two (2) adjacent lakeshore neighbors,
and the homesites are far enough back from the lake that over fifty (50) percent of the buildable
envelope on the subject property is within the ALS. The house entirely lakeward of the ALS; only
in-kind replacement or reduction of existing conditions would be permitted without variances.
These conditions are unique to this property.
229
FILE #LA24-000067
18 February 2025
Page 4 of 4
10. The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant:
Granting the variance is necessary to preserve the landowners’ right to make improvements to the
existing conditions including construction of a new lakeward deck or to make footprint changes to
the existing deck.
11. The granting of the proposed variance will not in any way impair health, safety, comfort or
morals, or in any other respect be contrary to the intent of this chapter:
Granting a variance in this situation is not contrary to the intent of the Zoning Regulations.
12. The granting of such variance will not merely serve as a convenience to the applicant but is
necessary to alleviate demonstrable difficulty:
The requested variance is necessary to make any improvements to the existing deck and does not
merely serve as a convenience to the applicant.
The Commission may recommend or Council may impose conditions in granting of variances. Any
conditions imposed must be directly related to and must bear a rough proportionality to the impact
created by the variance. No variance shall be granted or changed beyond the use permitted in this
chapter in the district where such land is located.
Public Comments
No public comments have been received by staff as of the writing of this report.
Planning Staff Recommendation
Planning Staff recommends approval of the variance to complete the deck replacement as proposed.
List of Exhibits
Exhibit A. Staff Report
Exhibit B. Application
Exhibit C. Aerial Imagery
Exhibit D. Cover Letter
Exhibit E. Practical Difficulty Analysis
Exhibit F. Survey & Landscape Plan
Exhibit G. Deck Plans
Exhibit H. Resolution #7372
Exhibit I. Mailing List & Map
230
Land Use Application Summary
Application Date:12/10/2024
Address:2691 Ethel Avenue
Orono, MN 55391
Parcel Number:2011723240046
Land Use Number:LA24-000067
Application Submitted By:Agent on behalf of property owner
Owner:Name: MICHAEL D REVIER
Address: - Leslie & John Cadle
Applicant:Name: Eric Brandt
Company: Northstar Renovations LLC
Address: 8445 Mission Hills Ln
Chanhassen, MN, MN 55317
ebrandtdc@yahoo.com
Contact Information:Associated Contact: Russ Rigsby
htcllc@aol.com
Associated Contact: Corey Anderson
bluestemdesignservices@gmail.com
Associated Contact: Andy Riegert
andrew@naturalsurroundingsmn.com
Associated Contact:
Project Description:new deck w/ paver patio under, retaining walls, stone steps leading to shore, sidewalks , and driveway
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:
231
Exhibit C – Aerial Imagery of 2691 Ethel Ave
232
233
Narra�ve
For:
John & Leslie Cadle
2691 Ethel Ave
Orono, MN 55391
We are reques�ng a variance for landscape work within exis�ng setbacks and a modifica�on to the
proposed loca�on of stairs on a future deck currently approved and permited. The home loca�on on
this irregularly shaped lot is such that any work performed at this property, requires a variance due to
the setbacks and loca�on of adjacent homes.
The previous contractor that completed the extensive home remodel, designed a deck to be built on the
back (lakeside) of the home. The contractor completed the house remodel and quit before star�ng the
deck project. Northstar Renova�ons has since been contracted to complete the deck project in
conjunc�on with an extensive landscape project, to be completed by Natural Surroundings. The original
deck design/plan needed to be modified in order to accommodate an underdecking and screenrail
system under the deck itself. The size and overall shape of the deck is within the original approved
variance dated 6/12/23. The only change is, a modifica�on to the shape and design of the stairs, moving
them more towards the ‘catwalk’ por�on of the deck (about 10’-15’ to the south). This modifica�on will
actually improve the ini�al concern of the stairs blocking the neighbor’s view by moving further out of
their line of sight.
The landscape por�on of the project includes a paver pa�o under the proposed deck (hardcover for
both are one in the same), paver landing leading to stone steps providing access to the lakeshore, a
paver sidewalk at the front entrance, and small paver landing with stone steps connec�ng the upper and
lower garage. The plan also includes several natural boulder retaining walls throughout the property and
several decora�ve outcropping boulders – all within exis�ng setbacks and hardcover allowances. Finally,
the landscape plan includes a concrete driveway leading both to the road and also down to the lower
garage.
The proposed changes are in harmony with the general intent and purpose of the exis�ng ordinance. All
proposed plans, changes, etc are normal and common for the average home in Orono with lakeshore
access or protected views. The request for a variance is required mainly due to the shape of the lot, the
loca�on of adjacent neighbors and the setbacks established before this property was split/subdivided,
built on.
Please let me know if you need further clarifica�on or have any ques�ons.
Regards,
Eric Brandt – Northstar Renova�ons LLC. 612-730-4201
234
PRACTICAL DIFFICULTIES DOCUMENTATION FORM
LA24-000067
1. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter.
Response: N/A
2. The plight of the landowner is due to circumstances unique to his property not created by the landowner.
Response: Yes, due to location of lot/home relative to setbacks from adjacent existing properties/homes
3. The variance, if granted, will not alter the essential character of the locality.
Response: No - the work is in line with the character of the locality
4. Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning
Chapter.
Response: N/A
5. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted
for earth-sheltered construction as defined in Minnesota Statutes, Section 116J.06, Subd. 2, when in harmony with this Chapter.
Response: N/A
6. The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not allowed under this Chapter for
property in the zone where the affected person's land is located.
Response: N/A
7. The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling.
Response: N/A
8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property.
Response: Yes - existing setbacks influence any and all work on the property.
9. The conditions do not apply generally to other land or structures in the district in which said land is located.
Response: correct - due to lot shape and location of adjacent homes in the bay
10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.
Response: Yes - access and use of the property from the deck to the yard, and also from the yard by the house down to the lakeshore (stone steps)
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: necessary for access to yard and lakeshore
235
190 sfpaverwalk785 sfpaverpatio25 sfpaverproposeddrivewayextension2691 ethel avenue, orono mn 55391bench mark 932.7setbacks: 30' street 10' side 30' rear 75' lake____________________________________________gross parcel area 33,836 sfhardcover allowance 25% // 8,459 sf____________________________________________SQUARE FOOTAGEHouse: 2,366Stoop: 144existing driveway 3,330proposde driveway extension 370proposed deck & stairs 924proposed front pavers 190proposed garage 25proposed pavers outside deck 80proposed stone steps lake 223proposed stone steps garage 96proposed flagstone 75proposed stone walls 612____________________________________________total proposed hardcover 8,435proposed % hardcover 24.94% b.o.w. 945t.o.w. 948b.o.w. 948t.o.w. 951b.o.w. 952b.o.w. 956.5t.o.w. 955.5t.o.w. 960fondulac cut limestone trails (50 / 25) : 75 sf4' fondulac outcrop stone steps, or charcoal granite outcrop(appx 18 steps, may vary on height of each stone step)upper wall 120'l x <4'h (200 sf h.c.)lower wall 50'l x <4'H (85 sf h.c.)4' fondulac outcrop stone steps, or charcoal granite outcrop(appx 37 steps, may vary on height of each stone step)shoreline restoration. appx 30 ln ft to codefieldstone boulders with rip rap, 500x, toe boulderswall 8'l x 1.5'Hwall 14'l x 6'...2'hwall 6'l x 2'h(65 sf h.c.)fondulac outcrop stone steps, or charcoal granite outcrop (6)175 sf trap sand trail with 100lfrustic mountain stone edgert.o.w. 961b.o.w. 959.5b.o.w. 956b.o.w. 956t.o.w. 959.5t.o.w. 959236
1/8" = 1' Scale:11/12/2024Date:1Revision #:1Corey AndersonCadel ProjectLandscape Plan:Bluestem Design Services LLCLandscape Design by:2691 ethel avenue, orono mn 55391bench mark 932.7setbacks: 30' street 10' side 30' rear 75' lake____________________________________________gross parcel area 33,836 sfhardcover allowance 25% // 8,459 sf____________________________________________SQUARE FOOTAGEHouse: 2,366Stoop: 144existing driveway 3,330proposde driveway extension 370proposed deck & stairs 924proposed front pavers 190proposed garage 25proposed pavers outside deck 80proposed stone steps lake 223proposed stone steps garage 96proposed flagstone 75proposed stone walls 612____________________________________________total proposed hardcover 8,435proposed % hardcover 24.94% pathlight uplight uplight uplight uplight uplight uplight uplight uplight uplight uplight uplight uplight uplight uplight uplight uplight uplight uplight uplight uplight uplight uplight uplight uplight uplight uplight uplight uplight uplight uplight uplight uplight uplight uplight uplightpathlightpathlightpathlightpathlightpathlightpathlightpathlightpathlightpathlightpathlightpathlightpathlightpathlightpathlightpathlightpathlightpathlightpathlightpathlightpathlightpathlightpathlightpathlightpathlightpathlightpathlightpathlightshoreline restoration. appx 30 ln ft to codefieldstone boulders with rip rap, 500x, toe bouldersblack hills spruce (5)4' fondulac outcrop stone steps, or charcoal granite outcrop(appx 37 steps, may vary on height of each stone step)property lineset back linefondulac outcrop stone steps, or charcoal granite outcrop (6)175 sf trap sand trail with 100lfrustic mountain stone edgerfondulac outcropsthroughout thelandscape (22)4' fondulac outcrop stone steps, or charcoal granite outcrop(appx 18 steps, may vary on height of each stone step)fondulac cut limestone trails (50 / 25) : 75 sf25 sfpaveracupper wall 120'l x <4'h (200 sf h.c.)lower wall 50'l x <4'H (85 sf h.c.)785 sfpaverpatio190 sfpaverwalk6' fondulac stone step525 lf rustic mnt stone edger, or fondulacwalls 40'l x <4'h (58 sf h.c.)wall 8'l x 1.5'Hwall 14'l x 6'...2'hwall 6'l x 2'h(65 sf h.c.)40'30'20'20'40'20'existing drivewayproposeddrivewayextension75' set backmounded soilpathlightpathlightpathlightpathlightpathlightpathlightpathlightb .o.w. 945t.o.w. 948b .o.w. 948t.o.w. 951b .o.w. 952t.o.w. 955.5b .o.w. 956.5t.o.w. 960t.o.w. 959b.o.w. 956b.o.w. 956t.o.w. 958b.o.w. 959t.o.w. 961237
238
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11111 11111 III II III IIII II III
LAND TYPE Torrens (T)
DOC NUM 6019960
Certified, filed and/or recorded on
Jun 23, 2023 1:11 PM
Office of the Registrar of Titles
Hennepin County, Minnesota
Amber Bougie, Registrar of Titles
Daniel Rogan, County Auditor and Treasurer
Deputy 87 Pkg ID 2575937E
Document Recording Fee 46.00
Document Total 46.00
Existing Certs
1554270
This cover sheet is now a permanent part of the recorded document.
241
SLQA1 CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
11L
G1 NO. 7372
4kEsH&--t
A RESOLUTION
APPROVING A VARIANCE FROM
MUNICIPAL ZONING CODE
SECTION 78-1279
FILE NO. LA23-000021
WHEREAS, on April 19, 2023, John and Leslie Cadle (hereinafter the"Applicants"), applied
for a variance from the City Code for the property addressed 2691 Ethel Avenue and legally
described as:
Tract C, Registered Land Survey No. 115, Hennepin County, Minnesota,
except that part thereof lying Southeasterly of a line drawn from a point on the
Southwesterly line of said tract distant 15 feet Northwesterly from the most
Southerly corner of said tract, through the Northeasterly corner of said tract.
Together with an easement for right of way for road purposes over that part of
Block 5, Winship's Subdivision of Lot Number One (1), Spring Park, 2nd Division,
lying Southwesterly of the premises above described and between the Northerly
extension of the Easterly line and the Westerly line of Ethel Avenue (now Tract E,
Registered Land Survey No. 115) and also together with the right to use of shore
for private bathing and dock in front of a strip of land 15 feet in width, lying
Southeasterly of and immediately adjacent to the Southeasterly line of the
premises hereinabove first described, and which 15 foot strip runs Northeasterly
along the Southeasterly line of said premises from the Easterly extension of the
Southwesterly line of said premises to the shore of Carmen's Bay Lake
Minnetonka; (now Tract B, Registered Land Survey No. 115), Hennepin County,
Minnesota (hereinafter the "Property");
WHEREAS, the Applicants have made application to the City of Orono for variances
from Orono Municipal Zoning Code Section 78- 1279 to allow construction of improvements to
the existing home lakeward of the average lakeshore setback line; and
WHEREAS, on May 15, 2023, after published and mailed notice in accordance with
Minnesota Statutes and the City Code, the Planning Commission held a public hearing, at which
time all persons desiring to be heard concerning this application were given the opportunity to
speak thereon; and
WHEREAS, on May 15, 2023, the Planning Commission recommended approval of the
variances; and
1
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03Ai CITY OF ORONO
0 RESOLUTION OF THE CITY COUNCIL
NO. 7372
t'
ESHO
WHEREAS, on June 12, 2023, the City Council reviewed the application and the
recommendations of the Planning Commission and City staff; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota
hereby approves the requested variances as described above based on one or more of the
following findings of fact concerning the Property:
FINDINGS OF FACT:
Al. The analysis contained within staff memos and the exhibits attached to the aforesaid
memos, all minutes from the above-mentioned meetings, and any and all other materials
distributed at these meetings are hereby incorporated by reference.
A2. The Property is located in the LR-1C One Family Lakeshore Residential Zoning District.
A3. The Property contains 0.77 acres in area and has a defined lot width of 27 feet at the
ordinary high water level ("OHWL") and 110 feet at the 75-foot setback.
A4. The Property is within Tier 1 and hardcover is limited to 25% according to the
Stormwater Quality Overlay District.
A5. Applicant has applied for an Average Lakeshore Setback Variance.
A6. In considering this application for variance, the Council has considered the advice and
recommendation of the Planning Commission and the effect of the proposed variance
upon the health, safety and welfare of the community, existing and anticipated traffic
conditions, light and air, danger of fire, risk to the public safety, and the effect on values
of property in the surrounding area.
ANALYSIS:
B1."Variances shall only be permitted when they are in harmony with the general purposes
and intent of the ordinance . . . ." The proposed variance is in harmony with the purpose
of the Ordinance. The Property includes difficulties in its shape and the location of
adjacent homes. The average lakeshore setback variance will not further impact views of
the lake for adjacent properties.
B2."Variances shall only be permitted . . . when the variances are consistent with the
comprehensive plan." The proposed variances to construct additions to the home on the
Property are consistent with the comprehensive plan.
2
243
g0^ CITY OF ORONO
V RESOLUTION OF THE CITY COUNCIL
1E-
e G NO. 7372
4'Es H04`ti
B3."Variances may be granted when the applicant for the variance establishes that there are
practical difficulties in complying with the zoning ordinance. `Practical difficulties,' as used in
connection with the granting of a variance, means that:
a. The property owner in question proposes to use the property in a reasonable
manner, however, the proposed use is not permitted by the official controls. The
request to permit the home modifications in the proposed location entirely within
the average lakeshore setback appears to be reasonable considering the
orientation of the neighboring homes with respect to the lakeshore, the existing
vegetative screening, the topography, and adjacent properties. The request is
reasonable.
b. The plight of the landowner is due to circumstances unique to his property not
created by the landowner. The unique shape of the Property, the neighboring
lake flag lot, and the neighboring home locations prevent expansions of the home
consistent with the neighborhood. The proposed overall hardcover level is
conforming. The circumstances are unique to the Property;
c. The variance, if granted, will not alter the essential character of the locality." The
variance is requested in order to permit construction of additions to the home
designed to fit the character of the neighborhood.
B4."Economic considerations alone do not constitute practical difficulties." Economic
considerations have not been a factor in the variance approval determination.
B5."Practical difficulties also include but are not limited to inadequate access to direct sunlight
for solar energy systems. Variances shall be granted for earth-sheltered construction as
defined in Minn. Stat. §216C.06, subd. 2, when in harmony with Orono City Code Chapter
78."This condition is not applicable.
B6."The board or the council may not permit as a variance any use that is not permitted under
Orono City Code Chapter 78 for property in the zone where the affected person's land is
located."This condition is not applicable, as a single-family home is an allowed use in the
LR-1C District.
B7."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.
B8."The special conditions applying to the structure or land in question are peculiar to such
property or immediately adjoining property."The Property's unique orientation with respect
to the lakeshore, the neighboring lake flag lot, and the adjacent homes create difficulties
3
244
SON CITYNO. 7'
OF
372
ORONO
O RESOLUTION OF THE CITY COUNCIL
4 ICE s Ho-
for the Owners in improving the Property consistent with the homes in their
neighborhood.
B9."The conditions do not apply generally to other land or structures in the district in which the
land is located." The Property's unique shape and the extreme setback of the adjacent
home on the flag lot creates difficulties for the owners.
B10."The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant." Granting the average lakeshore setback
variance is necessary for the preservation of the property right of the owners.
B11."The granting of the proposed variance will not in any way impair health, safety, comfort or
morals, or in any other respect be contrary to the intent of this chapter."Granting the
requested variance in this unique situation is not contrary to the intent of the zoning
chapter.
B12."The granting of such variance will not merely serve as a convenience to the applicant, but
is necessary to alleviate demonstrable difficulty."The requested variance is necessary, and
does not merely serve as a convenience to the Applicants.
CONCLUSIONS, ORDER AND CONDITIONS:
Based upon one or more of the above findings, the Orono City Council hereby grants a
variance to Orono Municipal Zoning Code Section 78-1279 to allow construction of an expanded
deck on the lake side of the home and new deck stairs; an increase in the roof height over the
northeastern portion of the home; a new shed dormer on the lake side of the home; and to
construct a new roofed entry lakeward of the average lakeshore setback line, subject to the
following conditions:
C1.Council approval is based on the entire record, above Findings.
C2.The approved project shall conform to the survey dated April 19, 2023 and revised on
April 20,2023 and building plans submitted by the Applicants and annotated by City staff,
attached to this Resolution as Exhibits A & B.
C3.Any amendments to the plans which are not in conformity with City codes may require
further Planning Commission and City Council review.
C4.Authorities granted by this resolution run with the Property not with the Applicants, but
are permissive only and must be exercised by obtaining a building permit for the new
construction and commencing construction of said project. A building permit must be
4
245
O CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
I1L
e C NO. 7372
r41cEs xo`-
t
obtained within one year of the date of Council approval, or the variance will expire on
that date (June 12, 2024).
C5.Violation of or non-compliance with any of the terms and conditions of this resolution
may result in the termination of any authority granted herein.
ADOPTED by the Orono City Council on this 12' day of June, 2023.
CITY OF ORONO:
Wee020- 7
Dennis Walsh, Mayor
ATTEST:
Anna Carlson, City Clerk
5
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Hennepin County Locate & Notify Map
2691 Ethel
0 100 20050 Feet
Date: 12/11/2024
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
260
38 20-117-23 23 0001
GERALD ERICKSON
SANDRA ERICKSON
PO BOX 584
WAYZATA MN 55391
38 20-117-23 23 0002
ROBERT E BREON
JULIE C BRANDSMA
2691 CASCO POINT RD
WAYZATA MN 55391
38 20-117-23 23 0003
BRYANT SLOSS
KIMLOAN NGUYEN SLOSS
2695 CASCO POINT RD
WAYZATA MN 55391
38 20-117-23 23 0004
MARY C ENGER & MARK M ENGER
2697 CASCO POINT RD
WAYZATA MN 55391
38 20-117-23 23 0005
SHIRLEY A JUNGELS
THOMAS J JUNGELS
7730 LOCHMERE TER
EDINA MN 55439
38 20-117-23 23 0006
JOANN SUE GINKEL
2745 CASCO POINT RD
WAYZATA MN 55391
38 20-117-23 23 0009
CITY OF ORONO
P O BOX 66
CRYSTAL BAY MN 55323
38 20-117-23 23 0010
CITY OF ORONO
P O BOX 66
CRYSTAL BAY MN 55323
38 20-117-23 23 0011
CITY OF ORONO
P O BOX 66
CRYSTAL BAY MN 55323
38 20-117-23 23 0020
ZHIHUA LIU & YING LIU
2677 CASCO POINT RD
WAYZATA MN 55391
38 20-117-23 23 0021
DAVID D GUTERMUTH
LYNN J GUTERMUTH
2665 CASCO POINT RD
WAYZATA MN 55391
38 20-117-23 23 0022
WILST & WONDER FAMILY TRUST
2659 CASCO POINT RD
WAYZATA MN 55391
38 20-117-23 24 0001
DAVID L RUNKLE
2684 CASCO POINT RD
WAYZATA MN 55391
38 20-117-23 24 0002
TODD M KIMMES
2660 CASCO PT RD
WAYZATA MN 55391
38 20-117-23 24 0003
DAVID L RUNKLE
2684 CASCO POINT RD
WAYZATA MN 55391
38 20-117-23 24 0004
DAVID L RUNKLE
2684 CASCO POINT RD
WAYZATA MN 55391
38 20-117-23 24 0005
CYNTHIA J WUNDERLICH TRUST
FREDERIC D WUNDERLICH TRUST
18080 VIA BELLAMARE LANE
MIROMAR LAKES FL 33913
38 20-117-23 24 0007
RANDALL L ENGELHART
ELIZABETH A ENGELHART
2715 CAROLINE AVE
WAYZATA MN 55391
38 20-117-23 24 0008
DONALD J & DAWN R HEBIG
2735 CAROLINE AVE
WAYZATA MN 55391
38 20-117-23 24 0010
LANCE L & RHODA L VICKNAIR
2740 ETHEL AVE
WAYZATA MN 55391
38 20-117-23 24 0013
BARBARA S O'REILLY
2700 ETHEL AVE
ORONO MN 55391
38 20-117-23 24 0014
LAWRENCE D PILLAR
6827 CARDINAL COVE DR
MOUND MN 55364
38 20-117-23 24 0015
TING FANG LIN
2725 ETHEL AVE
WAYZATA MN 55391
38 20-117-23 24 0016
RYAN C GATES/MELISSA N LYON
2745 ETHEL AVE
WAYZATA MN 55391
38 20-117-23 24 0017
KENNETH R SADDLER
SHERALYN K SADDLER
2755 ETHEL AVE
WAYZATA MN 55391
38 20-117-23 24 0018
DONNA L LILE
2765 ETHEL AVE
WAYZATA MN 55391
38 20-117-23 24 0019
JUSTIN J HOLMERS
MICHELLE N HOFFMAN
3800 CASCO AVE
WAYZATA MN 55391
38 20-117-23 24 0020
JEFFREY A SCHUTT
PIA E SCHUTT
2750 CASCO POINT RD
WAYZATA MN 55391
38 20-117-23 24 0021
JEFFREY LOEHMANN
SARA JOHNSON
2710 CASCO POINT RD
WAYZATA MN 55391
38 20-117-23 24 0022
BREON IRREVOCABLE GRANTOR TR
2901 ROSEDALE AVE
DALLAS TX 75205
261
38 20-117-23 24 0025
TAMERA ANNE PULVER
105 MEADOW LANE N
GOLDEN VALLEY MN 55422
38 20-117-23 24 0029
DUSTIN J KINDL
CASIE L KINDL
2649 CASCO POINT RD
WAYZATA MN 55391
38 20-117-23 24 0030
TIM HANSON
1270 ARBOR ST
WAYZATA MN 55391
38 20-117-23 24 0031
PATRICIA REDMOND WEBBER
2635 CASCO POINT RD
WAYZATA MN 55391
38 20-117-23 24 0032
THOMAS & PATRICIA KUBALAK
2623 CASCO POINT RD
WAYZATA MN 55391
38 20-117-23 24 0033
ZIV & TAL LIBERMAN
2690 CAROLINE AVE
ORONO MN 55391
38 20-117-23 24 0034
JONATHAN MARSHALLA
2696 CAROLINE AVE
WAYZATA MN 55391
38 20-117-23 24 0038
JENNIFER HARRIS
QUINTIN ANDREW HARRIS
2618 CASCO POINT RD
WAYZATA MN 55391
38 20-117-23 24 0039
REBECCA BACKES
3400 LEEWOOD DRIVE
HAMEL MN 55340
38 20-117-23 24 0040
CATHERINE R & JOEL W SHOOP
2720 ETHEL AVE
WAYZATA MN 55391
38 20-117-23 24 0041
BARRY LITT
8709 PORTICO LA
LONGMONT CO 80503
38 20-117-23 24 0044
JANET C KAUFFMANN
2696 ETHEL AVE
WAYZATA MN 55391
38 20-117-23 24 0045
MARC COHEN
2697 ETHEL AVE
WAYZATA MN 55391
38 20-117-23 24 0046
JOHN K CADLE/LESLIE G CADLE
2691 ETHEL AVE
WAYZATA MN 55391
38 20-117-23 31 0003
JILL R & WILLIAM H KOCH II
3730 CASCO AVE
WAYZATA MN 55391
38 20-117-23 31 0009
ALISA A MILLER
3753 CASCO AVE
WAYZATA MN 55391
38 20-117-23 31 0010
PAUL J FUHRMAN
COLLEEN FUHRMAN
3759 CASCO AVE
WAYZATA MN 55391
38 20-117-23 31 0011
DEAN V GREIMANN
3779 CASCO AVE
WAYZATA MN 55391
38 20-117-23 31 0062
DAVID HEISER
JENNIFER ANN HEISER
2740 CAROLINE AVE
WAYZATA MN 55391
38 20-117-23 31 0066
DEAN V GREIMANN
3779 CASCO AVE
WAYZATA MN 55391
38 20-117-23 31 0071
MARTI LYNN
STEVEN ROBERT GOUDY
3750 CASCO AVE
WAYZATA MN 55391
38 20-117-23 32 0017
TAMMY L WOODIS
MARC BRICKMAN
2818 CASCO POINT RD
WAYZATA MN 55391
38 20-117-23 32 0021
BRIAN SWANSON
SAMANTHA ERIN SIMON
3799 CASCO AVE
WAYZATA MN 55391
262
Date: February 18, 2025 Item: 6.6
Presenter: Melanie Curtis, Planner
Section: Public Hearings
Title: LA24-000070, Tom Ryan, 2195 Watertown Road, Easement Vacation
(Melanie Curtis)
1.Purpose:
This application contemplates an easement vacation and dedication in order to ensure the easement
is correctly covering the existing drainage improvement.
2.Background:
The application involves corrections to the easement dedicated to cover the re-routed drainageway
which somewhat divides the two newly reoriented and platted lots. Once the grading work in the
drainage ditch was completed, it was discovered that a portion of the rerouted drainage ditch was
located outside of the drainage easement dedicated with the Cumberland plat. To correct the
easement, the applicant requests a vacation of an unnecessary portion of the easement in exchange
for dedicating new easement area to encompass the ditch. Please refer to Exhibit A for a full
analysis.
3.Public Comment:
Public comment was received and are attached as Exhibit E.
4.Staff Recommendation:
Staff recommends approval. The proposed replacement easement should be recorded against the
property concurrently with the vacation resolution.
5.Planning Commission Action Requested:
Planning Commission should consider a motion to approve the vacation as requested, conditioned
upon dedication of a replacement easement.
AGENDA ITEM
Exhibits
Exhibit A Staff Report
Exhibit B - Application
Exhibit C - Easement Exhibit
Exhibit D AsBuilt Grading Survey
Exhibit E - Public Comment
Exhibit F Map_Labels
263
Date Application Received: 12/23/2024
Date Application Considered as Complete: 07/31/2024
60-Day Review Period Expires: NA
To: Chair Bollis and Planning Commission Members
Adam Edwards, City Administrator
From: Melanie Curtis, Planner mcc
Date: 18 February 2025
Subject: #LA24-000070, Tom Ryan, 2195 Watertown Road
Easement Vacation
Public Hearing
Background
The applicant is requesting approval to vacate a portion of a dedicated drainage and utility easement in order to
correctly encompass the drainage improvement. In 2024, the City granted plat approval to combine and rearrange
5 existing PIDs into two buildable lots. An existing drainage ditch was reoriented as part of this process. Drainage
and utility easements were dedicated over the drainage ditch. However, after it was constructed, a portion of the
drainage ditch (highlighted in blue) was not within the easement area. The request involves vacation of the
unnecessary portion of the
easement (shown in green)
and dedication of a
replacement easement over
the portion of the ditch not
within the easement
(shown in yellow).
Drainage and Utility
Easements Analysis
The City requires drainage
and utility easements over
all stormwater drainage
areas on Plats. The
applicant’s request includes
vacation of a portion of the
existing drainage and utility
easement over the ditch.
Dedication of replacement
easements is necessary as a
portion of the existing
drainage ditch extends
outside of the easement as
dedicated. The applicant
Application Summary: The applicant is requesting approval for the vacation of a portion of the existing
drainage and utility easement.
Staff Recommendation: Planning Department Staff recommends approval.
264
FILE #LA24-000070
18 February 2025
Page 2 of 2
has agreed to establish a new easement to encompass the drainage ditch.
Applicable Regulations:
MN State Statue 462.358 Subd. 7. Vacation
“The governing body of a municipality may vacate any publicly owned utility easement or boulevard reserve or
any portion thereof, which are not being used for sewer, drainage, electric, telegraph, telephone, gas and
steam purposes or for boulevard reserve purposes, in the same manner as vacation proceedings are conducted
for streets, alleys and other public ways under a home rule charter or other provisions of law.
A boulevard reserve means an easement established adjacent to a dedicated street for the purpose of
establishing open space adjacent to the street and which area is designated on the recorded plat as "boulevard
reserve".”
Orono City Code. Sec. 78-9. - Vacation of streets, alleys and public grounds.
“Vacation of streets, alleys and public grounds shall follow the procedures set forth in this chapter; except
that such vacation shall require a petition by a majority of the landowners abutting the property to be
vacated, and a hearing preceded by two weeks' published and posted notice, all as required by Minn. Stat. §
412.851. The council may vacate any publicly owned utility easement or boulevard reserve which is not being
used for sewer, drainage, electric, telegraph, and telephone, gas and steam purposes or for boulevard
reserve purposes, in the same manner as vacation proceedings are conducted for streets, alleys and other
public ways. A boulevard reserve means an easement established adjacent to a dedicated street for the
purpose of establishing open space adjacent to the street and which area is designated on the recorded plat
as boulevard reserve.”
Public Comments
The City received several inquiries regarding the purpose and scope of the project. None of the inquiries resulted
in formal comments on the vacation. However, one neighbor submitted comments regarding the previous grading
project to reroute the ditch, attached as Exhibit E.
Issues for Consideration
1. Does the Planning Commission find that the request, if approved, will not alter the essential
character of the neighborhood?
2. Are there any other issues or concerns with this application?
Planning Staff Recommendation
Planning Staff recommends approval of the proposed easement vacation as applied conditioned upon the
dedication of a replacement easement.
265
Land Use Application Summary
Application Date:12/23/2024
Address:2195 Watertown RD
Long Lake, MN 55356
Parcel Number:
Land Use Number:LA24-000070
Application Submitted By:Property Owner
Owner:Name:
Address:
Applicant:Name: TOM RYAN
Company:
Address: 2245 WATERTOWN RD
LONG LAKE, MN 55356
tjr2245@aol.com
Contact Information:Associated Contact:
Associated Contact:
Associated Contact:
Associated Contact:
Project Description:Vacation
Land Use Application Type:Amendmend Application
Appeal of Admin Decision
Concept Application
Conditional Use Permit
Site Plan Application
Subdivision Application
Subdivision Exception
Vacation Application
Variance Application
Applicant Signature:
266
267
268
269
From:Melanie Curtis
To:"HEIDI HUST"
Cc:Tom Major; Kirk Nelson; Judy Nelson; Permitting
Subject:RE: 2195 Watertown Rd / LA24-000070
Date:Thursday, February 13, 2025 2:10:00 PM
The movement of the easement provides the necessary protections for the existing drainage way.
The vacant lot will have to comply with all relevant rules through our permitting process, if and when
it develops.
Melanie Curtis
Direct: 952.249.4627
mcurtis@oronomn.gov
From: HEIDI HUST <hrhust@msn.com>
Sent: Thursday, February 13, 2025 11:16 AM
To: Melanie Curtis <MCurtis@oronomn.gov>
Cc: Tom Major <majorts@yahoo.com>; Kirk Nelson <kirk.nelson@mchsi.com>; Judy Nelson
<nelson.judy@mchsi.com>; Permitting <permitting@minnehahacreek.org>
Subject: Re: 2195 Watertown Rd / LA24-000070
I understand this is just on paper. My concern is that the redraw allows for changes in the
future as the volume increases. When they build on that vacant lot the water flow will change
again. Was any thought given to what happens when the hardcover goes on that property? If
we see standing water on it now what happens when they regrade?
Heidi Rosekrans Hust/Rosie's Gardens
2225 Devin Lane
Orono, MN 55356
home: 952.476.6911
cell: 612.590.4008
From: Melanie Curtis <MCurtis@oronomn.gov>
Sent: Wednesday, February 12, 2025 16:09
To: HEIDI HUST <hrhust@msn.com>
Cc: Tom Major <majorts@yahoo.com>; Kirk Nelson <kirk.nelson@mchsi.com>; Judy Nelson
<nelson.judy@mchsi.com>; Permitting <permitting@minnehahacreek.org>
Subject: RE: 2195 Watertown Rd / LA24-000070
Heidi
The “redraw” is merely a paperwork/document issue. There will be no grading or change to the topography on site.
The staff report and exhibits will be available Friday afternoon on the City’s website. See attached.
Melanie Curtis
270
Direct: 952.249.4627
mcurtis@oronomn.gov
From: HEIDI HUST <hrhust@msn.com>
Sent: Wednesday, February 12, 2025 4:07 PM
To: Melanie Curtis <MCurtis@oronomn.gov>
Cc: Tom Major <majorts@yahoo.com>; Kirk Nelson <kirk.nelson@mchsi.com>; Judy Nelson
<nelson.judy@mchsi.com>; Permitting <permitting@minnehahacreek.org>
Subject: Re: 2195 Watertown Rd / LA24-000070
The work is generally satisfactory. I urge you to be certain that this redraw is forward thinking.
The work on the Ryan property is the result of Long Lake's project years ago that coincided
with heavy rains. The issues were blamed on the heavy rain, but they were also a result of
increased hardcover, loss of vegetation and rerouting drainage all over Long Lake. I
documented it and submitted my concern that the water volume was increasing back then.
The volume of water routed into this drainage continues to increase. Looking at the new
drainage on the Ryan property, we are seeing ice dams, overflows in a normal heavy rain and
standing water in all low areas of the 2 lots well after they should have disappeared. When
the drainage is redrawn, it will be important to be proactive and anticipate the increase in
volume and what might need to be done in the future to accommodate this. Will the sides
need to be steeper to stop the area from flooding and carrying more dirt downstream to clog
the marsh. Will there need to be a holding pond to stop the flooding? Does Long Lake need
to find an alternative to route for their drains? Please be sure the redraw will allow the
drainage to be maintained properly.
Heidi
Heidi Rosekrans Hust/Rosie's Gardens
2225 Devin Lane
Orono, MN 55356
home: 952.476.6911
cell: 612.590.4008
From: Melanie Curtis <MCurtis@oronomn.gov>
Sent: Tuesday, February 11, 2025 14:41
To: HEIDI HUST <hrhust@msn.com>
Cc: Tom Major <majorts@yahoo.com>; Kirk Nelson <kirk.nelson@mchsi.com>; Judy Nelson
<nelson.judy@mchsi.com>; Permitting <permitting@minnehahacreek.org>
Subject: RE: 2195 Watertown Rd / LA24-000070
Heidi
Thank you for your comments and photos. It was my impression that you were generally satisfied with Tom Ryan’s
work on the ditch, according to your attached email. I will share your comments and photos with the Commission,
271
the Permitting staff at the Minnehaha Creek Watershed District, and the City’s engineer.
At this time, Mr. Ryan is not proposing to conduct any grading or make any physical changes on the land. The
application to be discussed at the Planning Commission meeting on Tuesday, February 18th involves corrections to
the easement covering the drainageway. A portion of the rerouted drainage ditch is located outside of the drainage
easement Mr. Ryan dedicated with the recent plat reorienting his lots. The City intends to vacate an unnecessary
portion of the easement in exchange for the corrected easement. This will be the topic of the meeting on Tuesday.
Thank you,
Melanie
Melanie Curtis
Direct: 952.249.4627
mcurtis@oronomn.gov
From: HEIDI HUST <hrhust@msn.com>
Sent: Friday, February 7, 2025 9:15 AM
To: Melanie Curtis <MCurtis@oronomn.gov>
Cc: Tom Major <majorts@yahoo.com>; Kirk Nelson <kirk.nelson@mchsi.com>; Judy Nelson
<nelson.judy@mchsi.com>
Subject: Re: 2195 Watertown Rd / LA24-000070
Melanie. Thanks for getting back to me. I drove by the site yesterday and took some photos. There
are significant ice dams. Should we have a rain event the waterflow is disrupted. The continuing
increase in hardcover upstream in Long Lake has put enormous pressure on this drainage. Where
does all the water go from those fancy new storm drains in long lake? There was standing water all
over that lot last year. Putting more hardcover on the lot it is going to put even more pressure on
this drainage. All the studies were done in drought years. Last year the new drainage overflowed.
I am working out of town and will be unable to attend the meeting. Please note my concern that the
drainage be redrawn accommodating this change in volume.
Heidi Hust
Get Outlook for iOS
From: Melanie Curtis <MCurtis@oronomn.gov>
Sent: Thursday, February 6, 2025 9:11:48 AM
To: hrhust@msn.com <hrhust@msn.com>
Subject: 2195 Watertown Rd / LA24-000070
Hi Heidi,
I understand that you stopped in yesterday. Tano at the front desk said you planned on sending me some comments
and photos.
Tom Ryan’s current application for easement vacation (and new easement dedicated) is primarily to correct a
272
discrepancy between the drainage ditch and easement boundaries.
We will be considering a vacation to remove a portion of the easement that extends further than needed and the
establishment of new easement area to ensure that the easement fully covers the extent of the drainage way.
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
273
274
275
276
Hennepin County Locate & Notify Map
2195 Watertown
0 200 400100 Feet
Date: 12/27/2024
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
277
38 03-117-23 21 0003
JAMES CORNELL
2145 WATERTOWN RD
LONG LAKE MN 55356
38 03-117-23 21 0011
THOMAS S & SUSAN B MAJOR
2200 DEVIN LA
LONG LAKE MN 55356
38 03-117-23 21 0012
DAVID & HEIDI HUST
2225 DEVIN LA
LONG LAKE MN 55356
38 03-117-23 21 0013
NURSERY HOMEOWNERS ASSOC
2280 DEVIN LA
LONG LAKE MN 55356
38 03-117-23 21 0015
C K SHAUGHNESSY
2150 COLIN DR
LONG LAKE MN 55356
38 03-117-23 21 0017
JOHN P EARLING
HELEN E EARLING
2165 COLIN DR
LONG LAKE MN 55356
38 03-117-23 21 0019
RYAN MEIER
SARAH MEIER
2135 COLIN DR
LONG LAKE MN 55356
38 03-117-23 21 0020
RYAN MEIER
SARAH MEIER
2135 COLIN DR
LONG LAKE MN 55356
38 03-117-23 21 0024
ALAN B & LORRIE J PETERSON
2075 WATERTOWN RD
LONG LAKE MN 55356
38 03-117-23 21 0026
SASA JANKOVIC
JENNIFER L JANKOVIC
2165 WATERTOWN RD
ORONO MN 55356
38 03-117-23 21 0027
STEPHEN H OTTO
TOSHIHIRO UJIIE
2185 WATERTOWN RD
LONG LAKE MN 55356
38 03-117-23 22 0015
KELLEY & KELLEY INC
2325 WATERTOWN RD
LONG LAKE MN 55356
38 03-117-23 22 0016
JUDY E PLATT
2280 DEVIN LA
LONG LAKE MN 55356
38 03-117-23 22 0017
B D CHILDS & A S CHILDS
2240 DEVIN LA
LONG LAKE MN 55356
38 03-117-23 22 0023
NURSERY HOMEOWNERS ASSOC
DEVIN LANE
LONG LAKE MN 55356
38 34-118-23 33 0083
KYLE G STROHMAIER
2245 WATERTOWN RD
ORONO MN 55356
38 34-118-23 34 0084
THOMAS J RYAN
2195 WATERTOWN RD
ORONO MN 55356
72 34-118-23 33 0006
JOHN R & CARMIN E DUNN
2296 WATERTOWN RD
LONG LAKE MN 55356
72 34-118-23 33 0008
RONALD JOHN HALL
MELISSA FAYE HALL
2280 WATERTOWN RD
LONG LAKE MN 55356
72 34-118-23 33 0011
CHARLES P RITCHIE
85 GLENDALE DR
LONG LAKE MN 55356
72 34-118-23 33 0012
JOCELYN R VEACH
EUGENIO E JIMENEZ CARRERA
95 GLENDALE DR
LONG LAKE MN 55356
72 34-118-23 33 0025
JOHN CARTER & ANNE CARTER
92 GLENDALE DR
LONG LAKE MN 55356
72 34-118-23 33 0037
GRANT JOHNSON
MICHELLE JOHNSON
100 HARRINGTON DR
LONG LAKE MN 55356
72 34-118-23 33 0038
CHRISTINE WALSH
88 HARRINGTON DR
LONG LAKE MN 55356
72 34-118-23 33 0039
STEVEN C HALL
78 N HARRINGTON DR
LONG LAKE MN 55356
72 34-118-23 33 0040
RICHARD J & ERIN K DIPRIMA
66 HARRINGTON DR
LONG LAKE MN 55356
72 34-118-23 33 0041
PAUL STAACK
50 HARRINGTON DR
LONG LAKE MN 55356
72 34-118-23 33 0049
DONNA L FIKE
123 INGLEWOOD ST
LONG LAKE MN 55356
72 34-118-23 33 0050
DAVID J & ANITA D GOMAN
105 INGLEWOOD ST
LONG LAKE MN 55356
72 34-118-23 33 0051
ALEXANDER J BROST
BARBRO M BROST
87 INGLEWOOD ST
LONG LAKE MN 55356
278
72 34-118-23 33 0052
75 INGLEWOOD LLC
PO BOX 817
TELLURIDE CO 81435
72 34-118-23 33 0053
LORI GOODSELL
2206 WATERTOWN RD
LONG LAKE MN 55356
72 34-118-23 33 0060
JOHN A & JODI K PELTIER
65 HARRINGTON DR
LONG LAKE MN 55356
72 34-118-23 33 0061
JAMES D BENSON
55 HARRINGTON DR
LONG LAKE MN 55356
72 34-118-23 33 0081
ROBERT W H HOUTS
2260 WATERTOWN RD
LONG LAKE MN 55356
72 34-118-23 33 0082
ROBERT W HOUTS
2260 WATERTOWN RD
LONG LAKE MN 55356
72 34-118-23 34 0008
DAVID & KELLI MOEN
2101 WATERTOWN RD
LONG LAKE MN 55356
72 34-118-23 34 0011
KRISTINE A/ROBERT M KOVALIK
2175 WATERTOWN RD
LONG LAKE MN 55356
72 34-118-23 34 0012
ADAM ALBRECHT &
KERRI ALBRECHT
2345 OLIVER HILL RD
ORONO MN 55356
72 34-118-23 34 0013
ADAM J & KERRI ALBRECHT
2167 WATERTOWN RD
LONG LAKE MN 55356
72 34-118-23 34 0014
S B ROBINSON & R A ROBINSON
2153 WATERTOWN RD
LONG LAKE MN 55356
72 34-118-23 34 0015
SCOTT ANDRUS & SHERRY SHARPE
2143 WATERTOWN RD
LONG LAKE MN 55356
72 34-118-23 34 0016
LAKESIDE INVESTMENT PART LLC
2115 HUNTINGTON PT RD E
WAYZATA MN 55391
72 34-118-23 34 0018
JAY D & LESLIE J KETO
850 OLD CRYSTAL BAY RD
WAYZATA MN 55391-9365
72 34-118-23 34 0019
B J & D L WEINBECK
PO BOX 937
LONG LAKE MN 55356
72 34-118-23 34 0020
NHUNG FOLEY
15 WESTWOOD DR
LONG LAKE MN 55356
72 34-118-23 34 0021
RICHARD J CAMPBELL
11 WESTWOOD DR
LONG LAKE MN 55356
72 34-118-23 34 0022
CHAD E & NICHOLE H KUECHLE
9 WESTWOOD DR
LONG LAKE MN 55356
72 34-118-23 34 0023
MAURICE JOSEPH HEVEY JR
7 WESTWOOD DR
LONG LAKE MN 55356
72 34-118-23 34 0024
BRIAN D ARNE
JENNIFER CHILDS
12 WESTWOOD DR
LONG LAKE MN 55356
72 34-118-23 34 0025
CITY OF LONG LAKE
450 VIRGINIA AVE
PO BOX 606
72 34-118-23 34 0026
ANGELLA M HAMES
16 WESTWOOD DR
LONG LAKE MN 55356
72 34-118-23 34 0027
18 WESTWOOD LLC
12210 CATTLE LN
WATERTOWN MN 55388
72 34-118-23 34 0030
ROBERT D HANCE
32 WESTWOOD DR
LONG LAKE MN 55356
72 34-118-23 34 0044
JILL REINER
57 INGLEWOOD ST
LONG LAKE MN 55356
72 34-118-23 34 0051
KWAME OSAFO-ADDO
120 INGLEWOOD ST
LONG LAKE MN 55356
72 34-118-23 34 0052
MICHAEL J STARK
98 INGLEWOOD ST
LONG LAKE MN 55356
72 34-118-23 34 0053
NORMAN W LAKE HOLDINGS LLC
PO BOX 809
WAYZATA MN 55391
72 34-118-23 34 0054
CHARLES E MOBURG
60 INGLEWOOD ST
LONG LAKE MN 55356
72 34-118-23 34 0062
RICHARD G FREDERICKSEN
JAQUELINE L FREDERICKSEN
2093 NEILSON AVE
LONG LAKE MN 55356
279
72 34-118-23 34 0063
ZACHARY C CARLSON
KORI L F CARLSON
2128 WATERTOWN RD
LONG LAKE MN 55356
72 34-118-23 34 0064
EVAN M HOLMES
KELLY M RODGERS
2114 WATERTOWN RD
LONG LAKE MN 55356
72 34-118-23 34 0078
ROGER BAUSER
2670 KELLEY PKWY #310
ORONO MN 55356
72 34-118-23 34 0079
ANTHONY MICHAEL DAVID
2158 WATERTOWN RD
LONG LAKE MN 55356
72 34-118-23 34 0080
ABBY BURCKHARDT
JOHAH BURCKHARDT
2162 WATERTOWN RD
LONG LAKE MN 55356
72 34-118-23 34 0081
DIERCK & SIMONE KERSTEN
2156 WATERTOWN RD
LONG LAKE MN 55356
72 34-118-23 34 0083
JASON & KIMBERLY FOSS
20 WESTWOOD DR
LONG LAKE MN 55356
280
Date: February 18, 2025 Item: 6.7
Presenter: Melanie Curtis, Planner
Section: Public Hearings
Title: #LA25-000001, Tom Bray o/b/o Edward H. Hamm Jr., Trustee, 485 Orono
Orchard Road South, Preliminary Plat: Sky Blue Waters and Termination of
Covenant, (Melanie Curtis)
1.Purpose:
To review a proposed subdivision and consider termination of Covenant (Document 7285795).
2.MN§15.99 Application Deadline:
The application was submitted on January 6, 2025 and considered to be complete on January 24.
Therefore the 120-day preliminary plat review period will end on May 24, 2025.
3.Background:
The applicant is requesting preliminary plat approval to create one new 2+ acre buildable lot. The
existing 21.3 acre property fronts on Orono Orchard Road South with a portion existing south of
Fox Street. Additionally, there is a existing covenant on the property relating to the sewer
connections. The applicant is requesting the termination of the covenant at sewer connections are
current regulated by city regulations. Please refer to the Staff Report attached as Exhibit A for a
full analysis.
4.Public Comment:
Staff has received a number of inquiries but no formal comments have been submitted as of the
writing of this report.
5.Staff Recommendation:
Staff recommends approval as applied including termination of the restrictive covenant, Document
7285795 at the time of Final Plat.
6.Planning Commission Action Requested:
Planning Commission should make a motion approving the preliminary plat and termination of the
restrictive covenant.
AGENDA ITEM
Exhibits
Exhibit A - Preliminary Plat Memo
Exhibit B - Application Summary
Exhibit C - Existing Survey
Exhibit D - Preliminary Plat
Exhibit E - Conservation Plan_ NOD
Exhibit F - Wetland Delineation
Exhibit G - Aerial photos
Exhibit H - Street view photos
Exhibit I - Rural Oasis 2005 excerpts
281
Exhibit J - Resol 4271_ Covenant
Exhibit K - 3B-3 PlannedLanduse
Exhibit L - Map & List
282
Date Application Received: 01/06/2025
Date Application Considered as Complete: 01/24/2025
120-Day Review Period Expires: 05/24/2025
To: Chair Bollis and Planning Commission Members
Adam Edwards, City Administrator
From: Melanie Curtis, Planner mcc
Date: 18 February 2025
Subject: #LA25-000001, Tom Bray o/b/o Edward H. Hamm Jr., Trustee of “The Amendment and
Restatement of trust of Edward H. Hamm Dated October 10, 1995” (hereinafter “The Trust”)
485 Orono Orchard Road South
Subdivision/Preliminary Plat: “Sky Blue Waters” + Termination of Document No. 7285795
Public Hearing
PRELIMINARY PLAT REVIEW
General Site Characteristics
The applicant is requesting preliminary plat approval to
create one new 2+ acre buildable lot. The existing
property is approximately 21.3 acres along Orono
Orchard Road South, most of the land is situated north of
Fox Street.
The property is made up of rolling hills, wooded areas,
and wetlands; it contains numerous gardens, walking
paths, building improvements including a home, guest
house, and two barns. The property is currently served by
City sewer. All of the existing improvements are proposed
to remain. A wetland delineation has been completed
and the wetlands have been depicted on the preliminary
plat drawing with the Minnehaha Creek Watershed
District (“MCWD”)-required buffers are shown.
The wetland delineation, attached as Exhibit F, was
approved by the MCWD in August of 2021. The MCWD’s
approval or Notice of Decision is attached as Appendix B
of the Conservation Design Report, attached as Exhibit E.
Conformity with RR-1B Zoning District Standards
The property is zoned RR-1B One Family Rural Residential
requiring a minimum of two (2) acres per lot. The newly created parcels will conform to the current zoning district
standards relating to size and width. The existing buildings and improvements on the northern lot, Lot 1, Block 1 (or
“L1B1”) are proposed to remain following the Final Plat; proposed Lot 1, Block 2 (or “L1B2”) south of Fox Street is
currently vacant. New buildings must meet the required zoning district standards as no variances have been
requested. The properties are within the MUSA and are proposed to be served by City sewer.
Application Summary: Consider preliminary plat approval to create one additional buildable lot and termination
of an existing covenant limiting development based on sewer connections.
Staff Recommendation: Staff recommends approval.
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Conformity with 2020 – 2040 Orono Community Management Plan
The 2020 - 2040 Comprehensive Plan (CMP) guides the properties within the area for “Urban Estate Density
Residential” at a range of 0.5 to 2.0 units per acre. The site is 23.18 acres in total area, 17.9 acres is dry, buildable,
and divided by Fox Street. The plat proposes the creation of one new buildable lot.
According to the policies in the CMP, this rural area is limited by the natural conditions. The property is served by
City sewer and remains to be low-density. The proposed density of this 2-lot development is calculated at 0.11
units per acre for the overall, falling short of the CMP density guidance of 0.5 – 2.0 units per acre. Although the
newly created lot to the south (L1B2) at 2.8 acres results in a proposed density of 0.36, under the density guidance,
it cannot be subdivided further and conform to the RR-1B district standards. The northern 15.1-acre lot (L1B1) is
large enough to be subdivided further in the future. The proposed development provides the opportunity to meet
the CMP goals with a future subdivision. Staff finds the proposed plan brings the site closer to conformance of the
CMP and meets the intent of the density goals at this time.
Relationship to Surrounding Development
The proposed 2-lot single-family development is situated on the southern section of Orono Orchard Road and its
intersection with Fox Street. The Minnetonka Bluffs neighborhood, with lots ranging in size from 0.11 to one acre, is
located on the east side of Orono Orchard Road across from the subject property. The property is also surrounded
by larger, wooded residential properties sized from 2 acres up to 14 acres. The development will be consistent with
its residential neighbors.
Rural Oasis + Conservation Design + Wetlands
The applicant provided a Conservation Design Plan by Pinnacle Engineering (“CDP”) for the development following
the Conservation Design requirements outlined within Chapter 78, Article XII (beginning with Section. 78-1631). The
Sky Blue Waters CDP is attached as Exhibit E and the development has been reviewed against the City’s Rural Oasis
Study. CDP provides an overview of the property’s natural features, existing land uses, and wetland delineation.
This portion of Fox Street was identified in the 2005 Rural Oasis Study as an edged corridor with a generally solid
wall of vegetation on the roadsides with views focused down the roadway (Exhibit I). According to the Rural Oasis
study, “promoting preservation and enhancement of roadside vegetative buffers will help maintain the rural
character contributed by edged enclosure. Corridor guidelines could be implemented to ensure that development
adjacent to roadsides will maintain and preserve these buffers”.
The property consists of approximately 13 acres of planted or cultivated areas, 5.2 acres of the property is
developed with impervious surfaces and mowed turf grasses; and maple basswood forests cover approximately 2
acres of the site on mostly slopes between the maintained lawns and wetland areas. No rare plant communities
were observed or identified on site. According to the CDP report, the property owner does not plan to develop
either of the properties at this time.
City Code 82-225(b) outlines requirements for planting boulevard trees at a ratio of one deciduous tree for every 40
feet of frontage along each road. The project does not contemplate the creation of a new roadway and the existing
road frontages consist of well-established tree coverage; therefore, no boulevard trees are proposed.
Lot Layout + Lot Standards – RR-1B, Rural Residential
The developer is proposing to split the land located south of Fox Street from the larger, northern parcel.
L1B1, north of Fox Street is 18.4 acres in gross area. Subtracting the 2.2 acres of wetlands, 0.8 acres of steep slopes,
and a ¼ acre of area encumbered by private driveway easements, the net area is proposed to be 15.13 acres. This
lot contains the existing home, guest house, and outbuildings to remain. The frontage along Orono Orchard Road is
approximately 1,300 feet; with approximately 300 feet of frontage, Fox Street is considered to be the “front” and a
sufficient building envelope exists.
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L1B2, south of Fox Street is currently 2.94 acres (gross) and includes land to be dedicated as right-of-way. The net
2.8-acre property will have ±340 feet of frontage on Fox Street and ±390 feet on Orono Orchard Road. The Fox
Street frontage is the narrower of the two and is therefore considered to be the “front”, and Orono Orchard Road is
a side street. The proper principal building setbacks have been shown on the preliminary plat. This lot has a
through driveway with one access onto Orono Orchard Road approximately 50 feet from the Dakota Rail Regional
Trail managed by Three Rivers Park District. A second access is located on Fox Street, which continues northward
into the shared private drive on the west side of the property. There is an existing easement over L1B2 for driveway
purposes benefitting the property at 1465 Fox Street which is proposed to remain.
Utilities
Stormwater
The creation of one new lot does not trigger the MCWD’s Stormwater Rule, no stormwater facilities will be
required; the project will require payment of the City’s Stormwater Drainage Trunk fee for the newly platted lot.
Private Water Supply Wells
The properties are currently served by and will continue to be served by private water supply wells.
City Sewer
The property is currently served by City sewer.
In 1999, the septic systems on the property were failing, and to resolve the issue most efficiently, the City approved
three sewer connections despite the property not being within the MUSA (Metropolitan Urban Service Area). This
approval was granted as part of a guest house conditional use permit and the owner’s willingness to sign a
restrictive covenant limiting the property to three dwelling units. Copies of the resolution and covenant are
attached as Exhibit J. Included with preliminary plat approval, the applicant is requesting termination of this
restrictive covenant. It is contrary to standard practice to use a restrictive covenant or resolution to control density
or enforce zoning regulations to govern the subdivision of a property. The City’s comprehensive plan and zoning
regulations are the appropriate legal tools.
Fees
Stormwater Drainage Trunk Fee
The stormwater drainage trunk fee (“SWDT fee”) will be determined by the City’s Fee Schedule at the time of
the Final Plat submittal. According to the current 2025 Fee Schedule, the development of a property within a 2-
acre residential zone requires payment of $8,060 per each new lot and/or development of a vacant lot. As
proposed, the developer will be subject to payment of a SWDT fee for 1 new lot or $8,060*.
Park/Trail Easement + Park Fees or Dedication
The Parks, Open Space, and Trail Plan chapter of the 2040 Orono Comprehensive Plan does not specify the
need for a neighborhood park at this location. The City’s golf course is located approximately 1/4 of a mile to
the north of the property; Woodhill Country Club, a private course, is located about ½ mile to the east. As there
is no specified need for a land dedication for a park or trail in this location, it would appear that the dedication
of land for park purposes is not required.
Absent the need for a land dedication, the project will be subject to the City’s 2025 Park Dedication Fee. This
fee is determined by the fair market value of the land being subdivided. The Hennepin County Assessor will be
consulted to determine the market value of the land to establish the amount of the fee. The developer is
proposing two building sites or 1 new lot. The Park Fee for this development will be approximately $8,168*.
*The fee amounts will be confirmed at the time of Final Plat submittal.
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Issues for Discussion
1. No new roads are proposed and there are existing mature trees on the perimeter of the property. The
Commission should discuss whether or not boulevard trees should be provided.
2. Does the Commission find the proposed plan preserves the existing rural character in the area?
3. Does the Planning Commission agree with the Developer’s findings in the Conservation Design Master
Plan? If not, what is lacking?
Staff Recommendation
Staff recommends approval of the preliminary plat.
Staff further recommends the City terminate the Declaration of Subdivision Covenants dated July 9, 1999 (attached
as Exhibit J) and refer to the City Code and Comprehensive Plan for guidance on development.
The Planning Commission should make a MOTION to terminate the restrictive covenant and approve the
preliminary plat.
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Land Use Application Summary
Application Date:01/06/2025
Address:485 Orono Orchard South
Orono, MN 55391
Parcel Number:0211723320001
Land Use Number:LA25-000001
Application Submitted By:Agent on behalf of property owner
Owner:Name: EDWARD H HAMM
Address: - Edward Hamm, Jr., as Trustee
Applicant:Name: Tom Bray
Company: Taft, Stettinius & Hollister, L.P.
Address: 2200 IDS Center
Minneapolis, MN 55402
tbray@taftlaw.com
Contact Information:Associated Contact: Arlee Carlson
Arlee.Carlson@sunde.com
Associated Contact: Scott Thelen
SThelen@pineng.com
Associated Contact: Katie Haskins
khaskins@pcmmgmt.com
Associated Contact:
Project Description:Preliminary Plat - 2 lot split
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:
287
170333000v1
Preliminary Plat Application - Project Narrative
Applicant: Edward H. Hamm, Jr as Trustee of the Amended and Restated Trust of Edward H.
Hamm
Property: 485 Orono Orchard Road South, Orono, Minnesota (PIN#0211723320001)
Project Narrative: Fox Street bisects the existing Parcel. Applicant seeks to plat the portion of
the Property lying North of Fox Street and the portion of the Property lying South
of Fox Street as separate lots.
Summary of Application:
1 Location map NA
2 Plan illustrating proposal NA
3 Survey (See Survey and Site Plan Requirements) Submitted with Application
4 Legal Description (word format) Submitted with Application
5 Preliminary Plat Drawing requirements: Submitted with Application
a. Site dimensions
b. Site conditions and adjacent development
c. Proposed use Residential consistent with current zoning
d. Location, setback, and dimensions of
all anticipated buildings and structures
Shown with respect to existing buildings. No
additional buildings anticipated at this time.
e. Location of all adjacent buildings within 100
feet of plat boundary
f. Wetlands and wetland buffer
g. Topography (2 foot contours, 1' for lake
shore properties)
h. Bluff/ bluff impact zone
i. All streets, drives, and trails
j. All proposed easements No easements proposed.
6
Conservation design for residential subdivisions (area
greater than 5 acres and density 3 units per acre or
more) or (greater than 7 acres and 2 acre lot sizes or
smaller)
Submitted with Application
7 Project narrative Submitted with Application
8 Street plans (public and private) NA - No new streets proposed
9 Landscaping plan NA - No landscaping alterations proposed
10 Tree preservation/ removal plan (location, type,
and size of all trees 6" in diameter or larger to
b d)
NA - No tree removal proposed
11 Grading and erosion control NA - No grading proposed
12 Soil survey and report NA - No soil disturbance or construction proposed
288
170333000v1
13 Utilities:
a. Utility plans, or NA - No Utility Work Proposed
b. On-site sewage plan and report (2 sites per
lot)
NA – No new individual sewage treatment systems
proposed
15 Hardcover information Included in Conservation Design Plan
16 PRD and Flexible applications may require
additional applications (CUP, Variances, zone
changes)
NA
17 Dockage proposals NA
18 Minnehaha Creek Watershed District approval or
documentation
Minnehaha Creek Watershed District Notice of
Decision Included as Exhibit B of the Conservation
Design Plan
289
290
291
292
293
294
December 12, 2024
Conservation Design Plan:
Initial Phase
Hamm Property
485 Orono Orchard Road South
Orono, MN 55391
Prepared For
Taft Law
2200 IDS Center
80 South 8th Street
Minneapolis, MN 55402-2157
Submitted To
City of Orono 2750 Kelley Parkway Orono, MN 55356
Pinnacle Project Number: FSM20247269
295
CONSERVATION DESIGN PLAN: INITIAL P HASE FOR: Hamm Property 485 Orono Orchard Road South Orono, MN 55391 PREPARED FOR: Taft Law 2200 IDS Center 80 South 8th Street Minneapolis, MN 55402-2157 PREPARED BY: PINNACLE ENGINEERING, INC. 11541 95th AVENUE NORTH MAPLE GROVE, MINNESOTA 55369 PINNACLE PROJECT NUMBER: FSM20247269 December 12, 2024 Prepared By: Reviewed By: Scott Thelen Eric Simonson Senior Scientist Project Engineer Certified Wetland Scientist #1249
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TABLE OF CONTENTS Contents Page
INTRODUCTION ............................................................................................................. 1
Legal Context ............................................................................................................. 1
Proposed Project ........................................................................................................ 1
Background Information ........................................................................................... 1
NATURAL RESOURCE INVENTORY ............................................................................... 2
Minnesota Land Cover Classification (MLCCS) ........................................................ 2
Trees ........................................................................................................................... 3
Rare Plant Communities ........................................................................................... 3
Wetland Delineation .................................................................................................. 4
Topography ................................................................................................................ 4
Corridors Views .......................................................................................................... 5
Drainage ..................................................................................................................... 6
Landmark Preservation ............................................................................................. 6
SUMMARY ...................................................................................................................... 7
RECOMMENDATIONS ................................................................................................... 8
Invasive Species Removal ......................................................................................... 8
REFERENCES .................................................................................................................. 9
FIGURES Figure 1 Site Location Map
Figure 2 MLCCS Map
Figure 3 Delineated Wetlands Map
Figure 4 Drainage Map
APPENDICES
Appendix A Site Photographs
Appendix B Wetland Delineation Notice of Decision
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INTRODUCTION Taft Law (Taft) retained Pinnacle Engineering, Inc. (Pinnacle) to prepare a Conservation Design Plan for the Edward E. Hamm Trust property located at 485 Orono Orchard Road South (Site) in Orono, Minnesota. The Edward E. Hamm Trust is interested in splitting a 20-acre parcel into 15-acre and 5-acre parcels. The Conservation Design Plan is required by the City of Orono (City) prior to splitting the current parcel into two parcels. The Conservation Design Plan features a two phased approach. This report constitutes the initial phase. Legal Context In 2005, the City of Orono Rural Oasis study identified an intrinsic link between the natural systems and the valued scenic character that exists throughout the City. City ordinances were created that are meant to preserve and enhance the ecological and aesthetic character of the community. Article XII (Conservation Design) Section 78-1632 requires a conservation design plan for all proposed residential subdivisions or multi-unit residential developments greater than five acres in total area. As stated above, the City required the initial phase of the Conservation Design be prepared for the Edward E. Hamm Trustee property even though there are no plans for development of either of the split lots. The Conservation Design features a two-phased approach to design and development that maintains or improves ecological assets, provides infrastructure that works with the land, and incorporates people's instinctive desire to experience nature. The initial phase entails an inventory and analysis of the potential development site's natural features, existing land uses, and wetland delineation. The second phase entails analyzing the design implications of the findings from the initial phase. The second phase of a conservation design strategy could include a conceptual design for road and lot layouts, planning roads along contours, allowing lots to border natural open space, integrating ecological stormwater management, using smaller lots, alternative stormwater design, and educating the developer and buyers about the ecological values of the landscape. Proposed Project The purpose of the project is to split the 20-acre parcel into two properties, one northern 15-acre parcel north of Fox Street and one southern 5-acre parcel south of Fox Street. No physical development of the properties is proposed or planned at this time. The Site is bordered by Orono Orchard Road South to the east of the property and Private Drives to the west and southwest. Background Information The Edward E. Hamm Trustee parcel located in Orono, Minnesota has a Property Identification Number of 0211723320001 and is within the N ½ of the SW ¼ of Section 30, Township 23N, Range 27W (Lat: 44.968781°, Long: -93.560311°). The parcel currently consists of houses, outbuildings, gardens, driveways, maintained lawns, wooded areas, and wetlands. Pinnacle conducted a site visit on November 1, 2024, to confirm the land classifications, wetland areas previously delineated, locate significant stands of trees, review corridor enclosures, review existing drainage system, and open spaces. Approximately 2-4 inches of snow fell on October 31, 2024, limiting the visual review of the Site; however, we were able to determine the land classification and cover types since the snow-covered areas were mostly maintained lawns.
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NATURAL RESOURCE INVENTORY Minnesota Land Cover Classification (MLCCS) The Minnesota Land Cover Classification System (MLCCS) provides information for natural resource managers and planners that categorizes urban and built-up areas in terms of land cover, rather than land use. In general, native plant community types, and cultural classification are used to distinguish among different types and amounts of land cover, vegetation and impervious surfaces. The MLCCS map indicates that the site consists of emergent wetland, upland forest, mixed short grass and tree areas, and upland grassland areas of 11-25% impervious cover and 51-75% impervious cover.
Minnesota Land Cover Classification System
Land Classification Type Total acres
Planted or Cultivated Vegetation
Upland soils with planted, maintained, or cultivated coniferous trees; and short grasses with sparse tree cover on upland soils
13.28
Artificial Surfaces and Associated Areas Short grasses and mixed trees with 11-25% and 51-75% impervious cover 5.21
Forests Maple-Basswood Forest 2.11
Herbaceous Cattail marsh - seasonally flooded 0.91
Planted or Cultivated Vegetation Class Planted or cultivated vegetation covers the majority of the Site. The planted or cultivated class typically consists of areas of vegetative alteration, with a vegetative cover of 96 - 100%. In the planted or cultivated class natural vegetation has often been removed or modified resulting from anthropic activities. The vegetation may be either planted, cultivated, treated with annual management and/or otherwise altered by humans. This class generally includes typical land uses of agriculture, parks, golf courses, or other such land use where the vegetation is cultivated, planted or maintained, and impervious surface contributes less than 5% of the area. The types of land cover within this class include planted and maintained coniferous trees. These areas are dominated by 25% or greater tree cover. Another type of land cover found at the parcel within the planted or cultivated vegetation classification includes the short grasses with sparse tree cover on upland soils type where planted or maintained grass species form turf (bluegrass, fescue, etc) receives regular and frequent mowing. These grasses are regularly maintained below a one-foot height. These areas are located throughout the northern 15-acre parcel and make up the entirety of the southern 5-acre parcel. Artificial Surfaces and Associated Areas Class Artificial surfaces and associated areas are areas of vegetative alteration, with a vegetative cover of < 96% of land cover. Land cover areas within this class contain artificial cover which is the result of human activities such as construction (e.g. buildings, pavement). This class is determined by the presence of manmade impervious surface. This class loosely correlates to typical land uses such as those defined as residential, and transportation. The Site’s artificial surfaces and associated areas class include vegetation types of short grasses and mixed trees with 11% to 25% and with 51% to 75% impervious cover. Planted turf grass species typically include species (bluegrass, fescue, etc) and are regularly and frequently mowed. The turf in this class is mixed with planted/pre-development trees and/or shrubs. These areas are located in the central and northeast portion of the northern 15-acre parcel where the house, outbuildings, driveways, walkways, and gardens are located.
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Forests Class The Forest Class areas within the Site are typically found on moist to dry upland areas. Tree canopies in the upland areas are dominated by oaks with areas in moist areas dominated by sugar maple, basswood, elm, and ash trees. The Forest Class areas are mostly located on the slope from the maintained lawns to the wetland area in the northeast portion of the Site. The MLCCS identifies the type of forest as a Maple-Basswood Forest. Sugar maple (Acer saccharum), American basswood (Tilia americana), elms (Ulmus sp.), and ash (Fraxinus sp.) trees are common on moist areas. Other mesic trees, such as slippery elm (Ulmus rubra), American elm (Ulmus americana), northern red oak (Quercus rubra), bur oak (Quercus macrocarpa), white ash (Fraxinus americana), and green ash (Fraxinus pennsylvanica) are sometimes dominant locally. The understory is multi-layered and patchy. This portion of Maple-Basswood Forest is historically part of the Big Woods. Herbaceous Class The Herbaceous Class consists generally of forbs and ferns which form at least 25% cover. The type of cover in this class consists of a seasonally flooded cattail (Typha spp.) marsh wetland which is dominated by cattails.
Trees Pinnacle contacted the City to determine if a tree survey was necessary for the initial phase of the Conservation Design Plan. The City did not believe that a tree survey was necessary since no development is anticipated to occur with the splitting of the parcel into two parcels. Therefore, a tree survey was not completed. Pinnacle noted several areas of the shortgrass land cover type had a canopy of mature trees. These trees mainly consisted of Norway Spruce (Picea abies), Sugar Maple (Acer saccharum), Silver Maple (Acer saccharinum), Oaks (Quercus spp.), and Northern Catalpa (Catalpa speciosa). Areas adjacent to Orono Orchard Road South and Fox Street contained many volunteer trees, such as: Boxelder (Acer negundo), White Pine (Pinus strobus), Eastern Red Cedar (Juniperus virginiana), Ash (Fraxinus spp.), and Elm (Ulmus sp.). The shrub layer under the tree canopy was dominated by European buckthorn (Rhamnus cathartica) with common lilac (Syringa vulgaris) present near the delivery entrance on Orono Orchard Road South. Trees in the Maple-Basswood Forest included Maples and basswood as well as Boxelder, Sugar Maple, Red Maple (Acer rubrum) , Silver Maple, Oaks, Green and White Ash and Northern Catalpa. Buckthorn dominated the understory of the Maple-Basswood forest area. The tree with the largest diameter at breast height (DBH) was a 56-inch DBH Northern Red Oak located on the ridge between Wetlands 1 and 2. Other large trees consisted of 39-inch DBH and 44-inch DBH Northern Catalpas, 47-inch DBH Silver Maple, many 40- 50 feet tall Scotch Pine (Pinus sylvestris), and many 50 to 60 feet tall Norway spruce.
Rare Plant Communities No rare plant communities were observed on the site and none were identified on the Hennepin County Natural Resource Inventory map. Most of the communities on the site are dominated by planted and maintained species or invasive species. The planted and maintained species included Norway Spruce, Sugar Maple, Silver Maple, Kentucky Bluegrass, and fescues. Invasive species were mostly located in the wetland areas or adjacent the road corridors. The invasive species included Reed Canary Grass (Phalaris arundinacea), European Buckthorn, and Canada Thistle (Cirsium arvense). Due to the human alteration of these land cover areas, no special protection of these areas is recommended.
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Wetland Delineation The United States Fish and Wildlife Service (USFWS)-National Wetland Inventory (NWI) map for the Site area depicts two freshwater, emergent, persistent, temporarily or seasonally flooded wetlands (PEM1A, PEM1C) in the in the northern portion of the northern 15-acre parcel, and one freshwater emergent persistent, seasonally flooded (PEM1A) wetland in the central portion of the northern 15-acre parcel. There are no wetlands located on the southern 5-acre parcel. Pinnacle conducted a Level 2, On-Site, Wetland Delineation of the 20-acre parcel located at 485 Orono Orchard Road South in the summer of 2021. The table below indicates the size and description of the wetlands wholly or partially within the northern 15-acre parcel. No wetlands were located in the southern 5-acre parcel.
Wetlands Table
Edward E. Hamm Trustee Property
485 Orono Orchard Road South
Orono, Minnesota
Wetland
ID
Delineated
Wetland Type
Wetland Size
ac/sf
NWI Wetland
Type
Dominant Wetland
Vegetation
W-1 PEM1A 0.47 20,473 PEM1A reed canary grass
W-2 PEM1C 0.91 39,640 PEM1C reed canary grass, cattails,
buckthorn
W-3 PEM1A 0.26 11,326 PEM1A reed canary grass, cattails
Wetland 1 is a basin located in the south-central portion of the 15-acre parcel. This wetland consists of a swale that funnels drainage from the surrounding upland area. A Private Drive and underlying culvert appear to slow and constrict the drainage of the wetland to the southwest. Wetland 2 is a large basin located in the northeastern portion of the Northern 15-acre parcel. Culverts enter Wetland 2 at various locations along the southern wetland edge. The wetland is located at the toe of adjacent steep slopes of the Maple-Basswood Forest that surrounds the wetland basin. Wetland 2 is also listed as a Minnesota Department of Natural Resources (DNR) Public Water with identification number of 27085600. Wetland 3 is a basin located in the northwestern portion of the 15-acre parcel. The surrounding upland areas drain into the wetland basin. A swale appears to drain the basin to the southwest during large rainfall events. The wetlands areas and boundaries were verified by the Minnehaha Creek Watershed District (MCWD) in 2021. The Notice of Decision (NOD) was issued on August 2021 and the NOD is valid for 5 years. The NOD can be found in Appendix A. Topography The northern 15-acre parcel lies north of Fox Street, west of Orono Orchard Road South and extends west to a Private Drive. The northern 15-acre parcel steeply slopes, ranging from approximately 1,000 feet above mean sea level (amsl) near the house and outbuildings in the northeast of the northern 15-acre parcel to approximately 942 feet amsl in the southwestern portion of the northern 15-acre parcel near the Private Drive and Fox Street.
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The southern 5-acre parcel of 485 Orono Orchard Road South lies south of Fox Street and extends south to nearly to the intersection of Orono Orchard Road South and Shoreline Drive. The southern 5-acre parcel slopes steeply, ranging from approximately 968 feet amsl in the northeastern portion of southern 5-acre parcel to approximately 934 feet amsl in the south, southwestern and west portions of the southern 5-acre parcel. Corridors Views The Site is adjacent to three corridor views which include the Orono Orchard Road South corridor, the Fox Street corridor, and the Private Drive corridor. View of Orono Orchard Road South The northern 15-acre parcel is bordered on the east side by Orono Orchard Road South. Orono Orchard Road South consists of a two-lane bituminous road with no shoulder. The straight road travels over a small hill and slopes from the hill in the north to the south and continues to the intersection with Shoreline Drive. Residences are located on the east side of the Orono Orchard Road South. The Orono Orchard Road South is lined with trees and maintained lawns on the east side and lined with trees and shrubs on the west side. Orono Orchard Road South does not have curb and gutter. Driveways are present on both sides of the Orono Orchard Road South. The gated delivery entrance to the property is located on Orono Orchard Road South with two brick gate posts that could be considered a monument, which could be used as a landmark in giving directions. The southern 5-acre parcel is bordered on the east side by Orono Orchard Road South. Orono Orchard Road South consists of a two-lane bituminous road with no shoulder. The straight road slopes from the north to the south and continues to the intersection with Shoreline Drive. Residences are located on the east side of Orono Orchard Road South. Orono Orchard Road South is lined with trees and maintained lawns on the east side and lined with trees and shrubs on the west side. Orono Orchard Road South does not have curb and gutter. Driveways are present on both sides of the Orono Orchard Road South. An entrance to the property is located on Orono Orchard Road South near its intersection with Shoreline Drive. Two brick gate posts that could be considered a monument which could be used as a landmark in giving directions are located near this intersection. The trees and shrubs on the west side of the road are dominated by low quality trees (box elder, ash) and European buckthorn. The corridor enclosure of Orono Orchard Road South would be considered an edged enclosure with a solid wall of vegetation along roadside, so that views focused along corridor. Power poles run along the west side of Orono Orchard Road South are not conducive to the view of either a short grass or wooded land cover types. Due to the views of structures, particularly multi-family residential and utility infrastructure, the corridor views of both the northern 15-acre and southern 5-acre parcels would most likely be considered negative. View of Fox Street The northern 15-acre parcel and southern 5- acre parcel share the Fox Street corridor. Fox Street is a of a two-lane bituminous road with no shoulder. The straight road slopes from Orono Orchard Road South in the east to the west. Fox Street is lined on both sides of the road with trees and shrubs. Fox Street does not have curb and gutter. The trees and shrubs are dominated by volunteer trees and shrubs (box elder, white pine, ash, staghorn sumac (Rhus typhina)) and dominated by buckthorn. The corridor enclosure of Fox Street would be considered an edged enclosure with a solid wall of vegetation along the roadside to the north and south. Power poles run along the north side of Fox Street are not conducive to either the short grass or wooded land cover types. Due to the utility infrastructure, the corridor views of both the northern 15-acre and southern 5-acre parcels would most likely be considered negative.
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View of Private Drive The Private Drive of the northern 15-acre parcel consists of a single lane curved bituminous road with no shoulder that slopes from the north to its entrance off of Fox Street. The Private Drive has maintained lawns with moderate to sparse trees on both sides. Residences are located on both sides of the Private Drive and are visible from the Private Drive. The Private Drive does not have curb and gutter. A gated entrance to the northern 15-acre parcel is located approximately midway along the Private Drive with two brick gate posts that could be considered a monument which could be used as a landmark in giving directions. The southern 5-acre parcel is bordered on the south, southwest, and west side by a Private Drive. The Private Drive consists of a gravel roadway that curves from the intersection with Shoreline Drive to its intersection with Fox Street. A residence is located on the southwest side of the Private Drive and is visible from the Private Drive. The Private Drive is lined with trees and maintained lawns on the north, northeast and east side of the southern 5-acre parcel. The Private Drive does not have curb and gutter. An entrance to the property is located on the Private Drive adjacent the intersection of the Road and Shoreline Drive with brick gate posts that could be considered a monument which could be used as a landmark in giving directions. The maintained lawns of the Private Drive also contain large mature native and planted trees. The corridor enclosure of the Private Drive would be considered an open enclosure with long views beyond the right-of-way. Due to the views of structures, particularly multi-family residential, the corridor views of both the northern 15-acre and southern 5-acre parcels would most likely be considered negative. Drainage The northern 15-acre parcel extends from Fox Street North to the northern property boundary and east from Orono Orchard Road South west to the Private Drive. The elevation of the northern area of the Site is approximately 1,000 feet amsl in the northeastern central portion of the 15-acre parcel. This is the high spot of the 15-acre parcel. The house, outbuildings, gardens, and impervious surfaces are mainly located in this area. Drainage flows from the homestead area to the north to the northeast Wetland 2 area, west to the Private Drive via the house’s guttered driveway, and south to the Wetland 1. A ridge in the northcentral portion of the northern 15-acre parcel separates the drainage, causing surficial runoff to drain to the northeast Wetland 2 area, west to the Private Drive, and the northwest to Wetland 3. The southern portion of the northern 15-acre parcel also has an elevated hill adjacent Orono Orchard Road South and Fox Street. Drainage from this hill flows to the northwest to the centrally located Wetland 1. The southern 5-acre parcel also has an elevated hill adjacent to Orono Orchard Road South and Fox Street intersection with an elevation of approximately 968 feet amsl. Drainage from this hill flows to the south, southwest, and west to the Private Drive. Landmark Preservation The 20-acre parcel is owned by the Edward E. Hamm Trustee, a descendant of the founders of the regional beer-maker, Hamm's Brewery. The compound was built in the late 1910s. The buildings may meet the eligibility to be listed as a national historic property. To be eligible for listing in the National Register, a property is at least 50 years of age and possess significance in American history and culture. A property of potential significance must meet one or
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more of four established criteria. The house and outbuildings may meet two of the four criteria. The two of the four criteria that may apply are listed below:
• Associated with the lives of persons significant in our past.
• Embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction. An architectural historian may be able to provide a better evaluation of the house and outbuildings and the potential for listing on the National Register of Historical Places. SUMMARY Pinnacle visited the Edward E. Hamm Trustee 20-acre parcel located at 485 Orono Orchard Road South in Orono, Minnesota on November 1, 2024. Observations were limited by the previous night’s 2-4 inches of snow; however, we were able to determine the land classification and cover types since the snow-covered areas were mostly maintained lawns. The information and data collected during the Site visit was used in preparing the initial phase of the Conservation Design Plan. The land classifications and land cover types defined by the MCLLS were identified and confirmed. The northern 15-acre parcel consisted of Planted or Cultivated Vegetation, Artificial Surfaces and Associated Areas, Forests, Herbaceous land classifications. The land cover types ranged from the short grass areas with mixed trees and impervious surfaces located near the highest elevations where the house, gardens, and outbuildings are located. The areas that slope from the house and outbuilding area to the wetlands or the Private Drive are mostly short grass areas with sparce tree cover. Tree cover in this area was dominated by Norway Spruce, and Sugar Maples. Other notable trees included: Oaks, Eastern Red Cedar, Scotch Pine, Silver Maple, Red Maple, and Northern Catalpa. The vegetation under the tree canopies consisted mostly of maintained lawns. The Maple-Basswood Forest contained a variety of tree species and buckthorn dominated the understory. The Marsh Area, Wetland 2, was dominated by cattails in the deeper portions of the marsh with reed canary grass dominating the wet meadow fringe. Due to the ongoing maintenance of the 20-acre parcel, no rare plant communities were observed, and none were identified on the Hennepin County Natural Resource Inventory map for the site area. Three wetlands are located on the northern 15-acre parcel, Wetlands 1, 2 and 3. Wetland 2 is a DNR protected wetland with an identification number of 27085600. In 2021 MCWD issued a NOD for the previously conducted wetland delineation confirming the wetland types, sizes, and boundaries, which remains valid until 2026. The northern 15-acre parcel steeply slopes from the house and outbuildings in the northeast to Wetland 2 in the northeast portion of the parcel, to the southwest towards the Private Drive, and south to Wetland 1. A ridge separates the northeastern portion of the northern 15-acre parcel from the northwestern portion. Drainage in the northwest portion of the northern 15-acre parcel is to the northwest towards Wetland 3 and the Prive Drive. The southernmost portion of the 15-acre parcel drains to Wetland 1 from the highpoint near the intersection of Fox Street and Orono Orchard Road South. The southern 5-acre parcel slopes steeply from a highpoint near the intersection of Fox Street and Orono Orchard Road South to the south, southwest, and west to the Private Drive. Corridors Views of Orono Orchard Road South and Fox Street would be considered negative due to the visible utility infrastructure and structures, particularly multi-family residential. Views along the Private Drive would be considered negative due to the views of structures, particularly multi-family residential.
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The 20-acre parcel Edward E. Hamm Trustee compound was constructed during the late 1910s and may meet the eligibility criteria to be listed as a national historic property. RECOMMENDATIONS Invasive Species Removal European Buckthorn, Reed Canary Grass, and Canada Thistle are scattered throughout the upland and wetland areas. Buckthorn was mostly located within the Maple -Basswood Forest area, adjacent to Orono Orchard Road South and Fox Street, and in the wooded areas adjacent to Orono Orchard Road South and Fox Street. Reed Canary Grass is primarily located and is dominant within the wetland areas. European Buckthorn can be removed via several different methods. Based on the size, density and amount of European Buckthorn on the property The cut stump treatment method for treating European Buckthorn which involves cutting the stems at ground level and treating the stems would most likely be the most effective way to remove the European Buckthorn. This method has the best results when conducted in the late summer and fall. The stems should receive herbicide treatment throughout fall and winter. Reed Canary Grass can be controlled through mechanical or chemical methods. To control Reed Canary Grass through mechanical methods, mow between mid-June and October to reduce seed production. When cut during the growing season, Reed Canary Grass will have a second growth spurt in the fall so multiple mowing maybe necessary. If choosing chemical methods for Reed Canary Grass, glyphosate can be used for effective control. If treatment occurs in or near wet areas, a herbicide formulation approved for water use is required. According to the DNR, Canada Thistle control can be done by repeated hand pulling. Mowing will weaken roots and is most effective when flower buds are just about to open. Prescribed burns should occur in the spring burns in April through June are most detrimental to Canada thistle, but also stimulate Canada thistle seed germination so follow up monitoring is needed. Repeated burns over three consecutive years are recommended. Herbicide control can be done using a spot application with glyphosate or with the selective herbicides clopyralid or metsulfuron. Herbicide control of Canada thistle is most effective when you apply the herbicide in spring or fall.
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REFERENCES City of Orono, 2008. City of Orono Community Management Plan 2008-2030, Chapter 3A-Environmental Protection Plan. Available online: <https://www.ci.orono.mn.us/DocumentCenter/View/1067/Chapter-3A- Minnesota Geospatial Commons (https://gisdata.mn.gov/dataset/water-mn-public-waters), NWI data (https://gisdata.mn.gov/dataset/water-nat-wetlands-inv-2009-2014), generated by Brett Molloy using <https://gisdata.mn.gov/>, (November 8, 2024) U.S Fish and Wildlife Service National Wetlands Inventory http:/www.fws.gov/wetlands/data/WebMapServices.html > (November 8, 2024) U. S. Army Corps of Engineers, U. S. Army Corps of Engineers Wetland Delineation Manual, 1987, updated on February 25, 1997, Washington, D. C. Hennepin County GIS. https://gis.hennepin.us/naturalresources/ (November 18, 2024) Environmental-Protection-Plan-w-Maps-pdf Minnesota DNR, 2020. Invasive Terrestrial Plants. Available online:< https://www.dnr.state.mn.us/invasives/terrestrialplants/index.html. Accessed April 2020.> (November 18, 2024) Minnesota DNR, 2004. Minnesota Land Cover Classification System User Manual. Version 5.4, Available online: https://files.dnr.state.mn.us/assistance/nrplanning/community/mlccs/mlccs_manual_v 5_4.pdf> (November 18, 2024) Minnesota DNR Reed Canary Grass; Control Methods <https://www.dnr.state.mn.us/invasives/terrestrialplants/grasses/reedcanarygrass.html#:~:text=Control%20Methods&text=Small%20patches%20can%20be%20hand,approved%20for%20use%20near%20water.> (November 18, 2024) Minnesota DNR Buckthorn Management; Removing Buckthorn
https://www.dnr.state.mn.us/invasives/terrestrialplants/woody/buckthorn/control.html
(November 18, 2024)
Minnesota DNR Canada Thistle; Control Methods;
https://www.dnr.state.mn.us/invasives/terrestrialplants/herbaceous/canadathistle.html
> (November 18, 2024)
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FIGURES
307
Figure 1
308
309
Figure 2
310
311
Figure 3
312
313
Figure 4
314
315
Appendices
316
Appendix A
Photograph Log
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Page 1
Photograph Log Photographs were taken from various areas to represent the land cover types, tree species, wetlands, and other significant inventory features. Land Cover Type: Upland soils with planted, maintained, or cultivated coniferous trees; and short grasses with sparse tree cover and short grasses and mixed trees with 11-25% and 51-75% impervious
cover.
View house from southern lawn looking north.
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View from under sugar maple canopy near house and garden looking west.
View near Private Drive entrance to the property looking east.
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View of the northern portion of the 15-acre parcel looking north.
View near outbuildings looking north.
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View near house driveway looking at Prive Drive property entrance looking west.
View near house under Norway Spruce canopy looking southwest.
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View near house under Norway Spruce canopy looking east.
View from the south portion of the 15-acre parcel near the Private Drive entrance looking northeast.
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View of 5-acre parcel from highpoint looking southwest. Land Cover Type: Maple-Basswood Forest
View of Maple-Basswood Forest looking northwest.
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View of Maple-Basswood Forest looking east. Land Cover Type: Cattail Marsh
View of Cattail Marsh looking east.
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Tree Species
Sugar Maple
Norway Spruce and Eastern Red Cedar.
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Red Maple.
Silver Maple and Scotch Pine.
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Northen Catalpa.
Red Oak.
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Wetland Areas
View of wetland 1 looking southwest.
View of Wetland 2 looking southeast.
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View of Wetland 3 looking north. Corridors Views 15-acre parcel
View of Orono Orchard Road South looking north near delivery entrance.
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View of Orono Orchard Road South looking north near delivery entrance.
View of landmark Delivery Entrance looking west.
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Fox Street between 15-acre parcel and 5-acre parcel
View of Fox Street looking east. 15-acre parcel Private Drive
View of Private Drive looking south near intersection of the Private Drive and Fox Street.
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View of the Private Drive looking north near intersection of the Private Drive and Fox Street.
View of the Private Drive looking northwest near Private Drive entrance to property.
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View of landmark entrance to property off of Private Drive. 5-acre parcel Private Drive
View of Private Drive looking southeast near Private Drive entrance to property.
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View of Private Drive looking northwest near Orono Orchard Road South entrance to property.
View of landmark property entrance from Orono Orchard Road South.
334
Appendix B
Wetland Delineation Notice of Decision
335
336
337
338
May 24, 2021
Mr. Arlee Carlson
Sunde Land Surveying
9001 East Bloomington Freeway, Suite 118
Bloomington, MN 55420
RE: Wetland Delineation Services
Hamm Property
485 Orono Orchard Rd. S.
Orono, MN 55391
Pinnacle Proposal No.: EM20212672
Dear Mr. Carlson:
Sunde Land Surveying (Sunde) retained Pinnacle Engineering, Inc. (Pinnacle) to
conduct a Level 2, On-Site, Wetland Delineation of the Hamm property located at 485
Orono Orchard Road South in Orono, Hennepin County, Minnesota (Site).
During the field assessment, it was determined that five areas within the property
boundaries that met all three of the mandatory criteria of a wetland. The wetland
boundaries were recorded with a handheld GPS unit and flagged for survey by Sunde.
The flags will be review by the Minnehaha Creek Watershed District. The following report
documents the methods and findings of the determination.
If you have any questions or wish to discuss any aspect of the project, please contact me
at (612) 432-5590. We look forward to being of continued service to you.
Sincerely,
PINNACLE ENGINEERING, INC.
Scott Thelen
Senior Scientist
Certified Wetland Scientist #1249
339
WETLAND
DELINEATION
REPORT
Hamm Property
485 Orono Orchard Rd. S.,
1401 Orono Lane and
1391 Fox Street
Orono, MN 55391
PREPARED FOR:
Sunde Land Surveying
9001 East Bloomington Freeway,
Suite 118
Bloomington, MN 55420
PREPARED BY:
Pinnacle Engineering, Inc.
11541 95th Avenue North
Minneapolis, Minnesota 55369
May 24, 2021
Pinnacle Project Number: EM20202672
340
PINNACLE ENGINEERING, INC. WETLAND DELINEATION
i
WETLAND DETERMINATION AND DELINEATION
FOR:
HAMM PROPERTY
485 ORONO ORCHARD RD. S., 1401 ORONO LANE and 1391 FOX ST
ORONO, MN 55391
PREPARED FOR:
SUNDE LAND SURVEYING
9001 EAST BLOOMINGTON FREEWAY, SUITE 118
BLOOMINGTON, MN 55420
PREPARED BY:
PINNACLE ENGINEERING, INC.
11541 95th AVENUE NORTH
MINNEAPOLIS, MINNESOTA 55369
PINNACLE PROJECT NUMBER: EM20202672
May 24, 2021
Prepared By: Reviewed By:
Scott Thelen Matt Bartus
Senior Scientist Senior Scientist
Certified Wetland Delineator #1249
341
PINNACLE ENGINEERING, INC. WETLAND DELINEATION
ii
Table of Contents
1.0 INTRODUCTION ................................................................................................... 1
1.1 Introduction ........................................................................................................ 1
1.2 Scope ................................................................................................................. 1
2.0 BACKGROUND INFORMATION .......................................................................... 1
2.1 Site Location and Use ........................................................................................ 1
2.2 Surveys and Maps ............................................................................................. 2
2.2.1 Topographic Maps ....................................................................................... 2
2.2.2 Soil Survey .................................................................................................. 3
2.2.3 NWI Maps .................................................................................................... 3
2.2.4 Public Waters Inventory ............................................................................... 3
3.0 WETLAND DETERMINATION .............................................................................. 3
3.1 Methodology....................................................................................................... 3
3.3 Wetland Description ........................................................................................... 4
4.0 DISCUSSION ........................................................................................................ 5
5.0 CONCLUSION ...................................................................................................... 7
6.0 STANDARD OF CARE ......................................................................................... 8
7.0 REFERENCES ...................................................................................................... 8
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iii
FIGURES
FIGURE 1: Site Location Map
FIGURE 2: Site Layout Map
FIGURE 3: Soil Survey Map
FIGURE 4: National Wetland Inventory Map
FIGURE 5: Public Waters Inventory Map
FIGURE 6: Wetland Communities Sketch
APPENDICES
APPENDIX A: Midwest Data Forms
APPENDIX B: Wetland Boundary Application
APPENDIX C: Wetland Photographs
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1.0 INTRODUCTION
1.1 Introduction
Sunde Land Surveying (Sunde) retained Pinnacle Engineering, Inc. (Pinnacle) to
conduct a Level 2, On-Site, Wetland Delineation of three parcels of land located at 485
Orono Orchard Road South, 1401 Orono Lane and 1391 Fox Street in Orono,
Minnesota. The three parcels are located near the northern shore of Lake Minnetonka,
are further divided into four areas by local streets, and total approximately 22.6 acres
(Site). The proposed project area is within the N ½ of SW ¼ of Section 30, Township
23N, Range 27W (Lat: 44.968781°, Long: -93.560311°). The Site consists of houses,
gardens, fallow fields, wooded areas, and wetlands. The Site is divided into three
properties, the northern, eastern, and southern properties. Wetland area located in all
of the properties.
The level 2 wetland determination was conducted in substantial conformance with the
1987 U.S. Army Corps of Engineers Wetland Delineation Manual, updated February 25,
1997, and utilizes the Midwest Regional Supplement. The attached report documents
the methods and findings of the delineation. The purpose of the wetland delineation was
to determine the presence of wetland areas on the Site.
1.2 Scope
Pinnacle conducted a Level 2 Onsite Wetland Determination and Delineation in
accordance with the criteria established in the 1987 U. S. Army Corps of Engineers
Wetland Delineation Manual, updated in 1997, utilizing the Midwest Regional
Supplement. The work included the following items:
• Review of County Soil Surveys, USGS topographic maps, National Wetland
Inventory (NWI) Maps, Public Water Inventory (PWI) maps, and aerial
photographs.
• Collect vegetation, soils, and hydrology field data,
• Delineation of the identified wetlands within the Site.
• Place boundary flags, and
• Preparation and submittal of this report summarizing the findings.
2.0 BACKGROUND INFORMATION
2.1 Site Location and Use
The Site consists of two parcels that total approximately 22.6-acres. The property is
located at 485 Orono Orchard Road South and 1401 Orono Lane, Orono, Hennepin
County, Minnesota, which is within the N ½ of SW ¼ of Section 30, Township 23N, Range
27W (Lat: 44.968781°, Long: -93.560311°).
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Maple Grove, MN 55369 May 24, 2021
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The Site consists of houses, out buildings, gardens, wooded areas, access roads, fallow
fields, wetlands, and upland areas. The property identification numbers (PIDs) of the
properties are 0211723320001 (the northern and central property; 485 Orono Orchard
Road South), 0211723340020 (eastern property; 1391 Fox Street) and 0211723330015
(the southern property; 1401 Orono Lane). Fox Street runs through the northern property.
Figure 1 shows the Site in its current configuration. The Site was investigated to
determine the wetland boundaries of wetland areas located within the three areas of
interest.
2.2 Surveys and Maps
Pinnacle conducted a review of the Hennepin County Soil Survey, topographic maps,
Protected Waters Inventory (PWI), and National Wetland Inventory (NWI) for the vicinity
of the Site. The following sections summarize the information available at the time of this
review.
2.2.1 Topographic Maps
The Site is divided into four areas of interest within the Site. The northern portion of 485
Orono Orchard Road South extends from Fox Street north to the northern property
boundary. The elevation of the northern area of the Site is steeply sloping, ranging from
approximately 1,000 feet above mean sea level (AMSL) in the northeastern central
portion of the Site to approximately 962 feet AMSL in the northeastern portion and 940
AMSL in the southern portion of the northern area of the site near Fox Street.
The southern portion of 485 Orono Orchard Road South lies south of Fox Street and
extends south to nearly the intersection of Orono Orchard Road S and Shoreline Drive.
The southern portion of 485 Orono Orchard Road South slopes moderately, ranging from
approximately 996 feet AMSL in the northeastern portion of southern portion of 485 Orono
Orchard Road South to approximately 940 feet AMSL in the western portion of southern
portion of 485 Orono Orchard Road South.
The eastern property, 1391 Fox Street, is located east of Orono Orchard Road South,
between Fox Street and Shoreline Drive. The eastern property slopes moderately,
ranging from approximately 968 feet AMSL in the northern portion to approximately 932
feet AMSL in the southwestern portion of the eastern property.
The southern property, 1401 Orono Lane, extends southward from the intersection of
Shoreline Drive and Orono Lane to Lake Minnetonka. This property moderately slopes
from approximately 944 feet AMSL in the north central portion of the southern property to
approximately 928 feet AMSL where Lake Minnetonka is located. Based on the contour
intervals on the topographic map, surficial drainage appears to drain to the south, toward
Lake Minnetonka.
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2.2.2 Soil Survey
The Natural Resources Conservation Service (NRCS) Web Soil Survey map, which is
included as Figure 3, was reviewed for information pertaining to the Site soils. The Soil
Survey indicated the Site soil units consist of Muskego, Blue Earth, and Houghton soils,
ponded, 0 to 1 percent slopes (L16A), Lester loam, 6 to 16 percent slopes, moderately
eroded (L22C2, L22D2), Lester loam, 10 to 22 percent slopes (L22E), Hamel, overwash-
Hamel complex, 0 to 3 percent slopes (L36A), Angus loam, 2 to 6 percent slopes (L37B),
Angus-Kilkenny complex, 2 to 6 percent slopes (L40B), Lester-Kilkenny complex, 6 to 10
percent slopes, moderately eroded (L41C2), Lester-Kilkenny complex, 16 to 22 percent
slopes, (L41E), Muskego and Houghton soils, 0 to 1 percent slopes (L50A), and
Udorthents, wet substratum, 0 to 2 percent slopes (U2A). Of the identified soil types,
Muskego, Blue Earth, and Houghton, Klossner, and Muskego and Houghton soils are
considered hydric soils.
2.2.3 Wetland Inventory Maps
The United States Fish and Wildlife Service (USFWS)-National Wetland Inventory (NWI)
map for the Site area, which is included as Figure 4, depicts three freshwater emergent,
persistent, temporarily or seasonally flooded wetlands (PEM1A, PEM1C) in the in the
northern property, and one freshwater emergent persistent, seasonally flooded (PEM1C)
wetland in the southern portion of the eastern property. A lacustrine, littoral,
unconsolidated bottom, permanently flooded (L2UBH) wetland is located adjacent the
southern area. NWI maps generally show the approximate location of wetlands as of the
time of publication.
2.2.4 Public Waters Inventory
The Minnesota Department of Natural Resources (DNR) Public Waters Inventory (PWI)
produces a map of the protected wetlands and waters of the State. The PWI map, which
is included as Figure 5, identified two Public Waters. One is located in the northeastern
portion of the northern area with the identification number: 27086600. The other Public
Water (Lake Minnetonka) is located adjacent the southern area with an identification
number of 27013302. Additional PWI-mapped Public Water are present to the southwest
of the Site.
3.0 WETLAND DETERMINATION
3.1 Methodology
The wetland determination was made utilizing the techniques of the Routine Onsite
Method, as described in the 1987 U. S. Army Corps of Engineers Wetland Delineation
Manual, updated February 25, 1997 and utilizing the Midwest Regional Supplement.
Determination of hydric soils, site hydrology, and hydrophytic vegetation were made
according to the procedures and guidelines described in the manual. Sampling locations
were selected to be representative of wetland/upland transition areas.
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Scott Thelen of Pinnacle assessed the wetlands within the project area on May 10, 2021.
Vegetation, soil, and hydrology indicators were noted during the field event. The
characteristics noted for each sampling location are documented in the data forms, which
are included in Appendix A. Potential wetland boundaries were collected using a
handheld GPS unit and were flagged for review. A figure of the wetland area is included
as Figure 2.
The 2021 seasonal antecedent rainfall amounts were within the normal precipitation
amounts for this area. Rain in the amount of 0.08 inches occurred the fourteen days prior
to the wetland delineation field visit.
3.2 Wetland Descriptions
Table 3.2.1 below summarizes the findings of the field investigation. Data forms for the
field investigation can be found in Appendix A and photographs in Appendix C.
Table 3.2.1
Wetlands Table
Hamm Property
485 Orono Orchard Road South & 1401 Orono Lane
Orono, Minnesota
Wetland
ID
Delineated
Wetland
Type
Wetland Size
ac/sf
NWI Wetland
Type
Dominant
Wetland
Vegetation
Hydric
Soil
Indicator
Hydrology
W-1 L2UBH 0.12 5,227 L2UBH
reed canary
grass,
cattails
Depleted
Below
Dark
Surface
(A11)
Saturation
(A3), et al.
W-2 PEM1A 0.47 20,473 PEM1A reed canary
grass
Depleted
Below
Dark
Surface
(A11)
Saturation
(A3), et al.
W-3 PEM1C 0.91 39,640 PEM1C
reed canary
grass,
cattails,
buckthorn
Redox
Dark
Surface
(F6)
Saturation
(A3), et al.
W-4 PEM1A 0.26 11,326 PEM1A
reed canary
grass,
cattails
Depleted
Below
Dark
Surface
(A11)
Saturation
(A3), et al.
W-5 PEM1C 0.07 3,049 PEM1C
reed canary
grass,
cattails,
buckthorn
Redox
Dark
Surface
(F6)
Saturation
(A3), et al.
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Wetland Type L2UBH
The NWI Cowardin wetland classification system identifies the L2UBH label for a wetland
that consists of all wetlands and deepwater habitats wetlands situated in a topographic
depression and total area of at least 20 acres. Similar wetlands and deepwater habitats
totaling less than 20 acres are also included in the Lacustrine System if an active wave-
formed or bedrock shoreline feature makes up all or part of the boundary, or if the water
depth in the deepest part of the basin equals or exceeds 8.2 feet at low water. This
classification applies to Wetland 1 which corresponds to Lake Minnetonka and is
identified on the NWI map. The soil survey did not indicate hydric soils are located within
the Wetland 1 area.
Wetland Type PEM1A
The NWI Cowardin wetland classification system identifies the PEM1A label for a wetland
that consists of a palustrine basin, dominated by persistent emergent vegetation,
consisting of erect, rooted, herbaceous hydrophyte species that normally remain standing
at least until the beginning of the next growing season, that is temporarily flooded. Surface
water is present for brief periods during the growing season, but the water table usually
lies well below the ground surface for most of the season. This classification applies to
wetlands 2 and 4. Wetlands 2 and 4 are mapped on the NWI map. The soil survey did
not indicate hydric soils located within these wetland areas.
Wetland Type PEM1C
The NWI Cowardin wetland classification system identifies the PEM1C label for a wetland
that consists of a palustrine basin, dominated by persistent emergent vegetation,
consisting of erect, rooted, herbaceous hydrophyte species that normally remain standing
at least until the beginning of the next growing season, that is seasonally flooded. Surface
water is present for extended periods especially early in the growing season but is absent
by the end of the growing season in most years. The water table after flooding ceases is
variable, extending from saturated to the surface to a water table well below the ground
surface. The NWI map for the Site area indicated one PEM1C wetland contained within
the Site boundaries, which corresponds to Wetlands 3. The soils survey did indicate
hydric soils located within the Wetland 3 area.
4.0 DISCUSSION
Pinnacle conducted a Level 2, On-Site, Wetland Delineation of three parcels of land
located at 485 Orono Orchard Road South, 1401 Orono Road and 1391 Fox Street in
Orono, Minnesota. The three parcels are located near the northern shore of Lake
Minnetonka and total approximately 24.44 acres (Site). The proposed project area is
within the N ½ of SW ¼ of Section 30, Township 23N, Range 27W (Lat: 44.968781°,
Long: -93.560311°).
The northern property extends from near the intersection of Orono Orchard Road South
and Shoreline Drive north to the northern property boundary. The eastern property
348
Pinnacle Engineering, Inc. Wetland Determination Report
11541 95th Avenue North Hamm Property
Maple Grove, MN 55369 May 24, 2021
763-315-4501 Page 6 Pinnacle Project Number: EM20212672
extends northeast from the intersection of Shoreline Drive and Orono Orchard South to
Fox Street. The southern property extends from the intersection of Shoreline Drive and
Orono Lane south to Lake Minnetonka. The Site consists of houses, gardens, fallow
fields, wooded areas, and wetlands.
The level 2 delineation was conducted in substantial conformance with the 1987 U.S.
Army Corps of Engineers Wetland Delineation Manual, updated February 25, 1997, and
utilized the Midwest Regional Supplement.
The elevation of the properties ranges from 1,000 feet AMSL to 940 feet AMSL and from
996 feet AMSL to 940 feet AMSL in the northern property, separated by Fox Street. The
eastern property elevation ranges from approximately 968 feet AMSL in the northern
portion to approximately 932 feet AMSL. The southern elevation ranges from 944 feet
AMSL to 928 feet AMSL, where Lake Minnetonka is located. Based on the contour
intervals on the topographic map, surficial drainage appears to drain to the south, toward
Lake Minnetonka. The Soil Survey indicated hydric soil are located in the areas of
Wetlands 1 (Lake Minnetonka) and 3. According to the NCRS Soil Survey, the remainder
of the wetland areas are not located in hydric soils.
The 2021 seasonal antecedent rainfall amounts were within the normal precipitation
amounts for this area. Rain in the amount of 0.08 inches occurred the fourteen days prior
to the wetland delineation field visit.
Wetland 1 is the shore of Lake Minnetonka. Under the Cowardin system Wetland 1 would
be considered a L2UBH deepwater habitat with a forested wetland fringe. Under the
Circular 39 system, Wetland 1 is considered a Type 5 wetland. The majority of the wetland
fringe is dominated by buckthorn. Hydric soils and wetland hydrology were found to be
present. The wetland boundary was determined on the northern edge of the wetland and
followed the topography and elevation of the slopes from the upland area to lake
Minnetonka. Wetland 1 extends to the south beyond the Site boundary.
Wetland 2 is a basin located in the southern portion of the of northern area of interest.
Under the Cowardin system Wetland 3 would be considered a palustrine, emergent,
persistent, temporary flooded (PEM1A) basin. Wetland 2 consists of a swale that funnels
drainage from the surrounding upland area. A roadway and underlying culvert appear to
slow and constrict the drainage of the wetland to the south. Under the Circular 39 system,
Wetland 2 is considered a Type 2 wetland. Wetland 2 is dominated by hydrophytes
comprised primarily of reed canary grass. Hydric soils were found to be present.
Hydrology appeared to be present and was based on water in the sampling hole within
12 inches of the surface. The wetland edge was determined on the southeastern edge of
the wetland and followed the vegetation change along the swale.
Wetland 3 is a large basin located in the northeastern portion of the of northern area of
interest. Under the Circular 39 system, Wetland 3 is considered a Type 3 wetland. Under
the Cowardin system Wetland 3 would be considered a palustrine, emergent, persistent,
seasonally flooded (PEM1C) basin. Culverts enter Wetland 3 at various locations along
the wetland border. Wetland 3 is dominated by hydrophytes comprised of a reed canary
349
Pinnacle Engineering, Inc. Wetland Determination Report
11541 95th Avenue North Hamm Property
Maple Grove, MN 55369 May 24, 2021
763-315-4501 Page 7 Pinnacle Project Number: EM20212672
grass and cattails. Hydric soils were found to present. The wetland is located at the toe
of adjacent steep slopes of upland areas that surround the wetland basin. The wetland
edge was determined on the southern edge of the wetland and followed the topography
and elevation of the slopes from the upland area to the wetland basin. Wetland 3 extends
to the northeast beyond the Site boundary.
Wetland 4 is a basin located in the northwestern portion of the of northern area of interest.
Under the Cowardin system Wetland 4 would be considered a palustrine, emergent,
persistent, temporary flooded (PEM1A) basin. The surrounding upland areas drain into
the wetland basin. A swale appears to drain the basin to the southwest during large
rainfall events. Under the Circular 39 system, Wetland 4 is considered a Type 2 wetland.
Wetland 2 is dominated by hydrophytes primarily comprised of reed canary grass. Hydric
soils were found to be present. The wetland edge was determined on the southern edge
of the wetland and followed the vegetation change along the wetland basin.
Wetland 5 is a small basin located in the southwestern portion of the of southeastern
property. Under the Circular 39 system, Wetland 3 is considered a Type 3 wetland.
Under the Cowardin system Wetland 3 would be considered a palustrine, emergent,
persistent, seasonally flooded (PEM1C) basin. Wetland 3 is dominated by hydrophytes
comprised of lake sedge, reed canary grass, and cattails. Hydric soils were found to
present. The wetland is located at the bottom of steep slopes of adjacent upland areas
that surround the wetland basin. The wetland edge was determined on the northern edge
of the wetland and followed the topography and elevation of the slopes from the upland
area to the wetland basin. Wetland 5 extends to the south beyond the Site boundary.
The Local Governmental Unit (LGU), the DNR, and U.S. Army Corps of Engineers will
determine the jurisdictional wetland status of the identified wetland areas.
5.0 CONCLUSION
Pinnacle performed a Level 2, On-Site, Wetland Delineation of three parcels of land
located at 485 Orono Orchard Road South in Orono, Minnesota. The three parcels are
located near the northern shore of Lake Minnetonka and total approximately 22.6 acres.
The level 2 delineation was conducted in substantial conformance with the 1987 U.S.
Army Corps of Engineers Wetland Delineation Manual, updated February 25, 1997, and
utilized the Midwest Regional Supplement.
During the field assessment, it was determined that five areas within the Site met all three
of the mandatory criteria of a wetland. The wetland boundaries were recorded utilizing a
handheld GPS device and were flagged for survey by Sunde Land Surveying. The
delineation will be reviewed by the Minnehaha Creek Watershed District which serves as
the LGU administering Minnesota’s Wetland Conservation Act and the U.S. Army Corps
of Engineers, which administers the Clean Water Act
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Pinnacle Engineering, Inc. Wetland Determination Report
11541 95th Avenue North Hamm Property
Maple Grove, MN 55369 May 24, 2021
763-315-4501 Page 8 Pinnacle Project Number: EM20212672
6.0 STANDARD OF CARE
Environmental services performed by Pinnacle for the project have been conducted in a
manner consistent with the degree of care and technical skill appropriately exercised by
environmental professionals currently practicing in this area under similar budget and time
constraints. Recommendations or opinions contained in this report represent our
professional judgment and are generally based upon available information and currently
accepted practices for environmental professionals. Other than this, no other warranty is
implied nor is it expressed.
7.0 REFERENCES.
Minnehaha Creek Watershed District, < http:// https://www.minnehahacreek.org/maps>,
May 18, 2021
Eggers, Steve D. and Reed, Donald M., Wetland Plants and Plant Communities of
Minnesota and Wisconsin, 1997, U. S. Army Corps of Engineers, St. Paul District.
Lyon, John Grimson, Practical Handbook for Wetland Identification and Delineation,
1993, Lewis Publishers, Boca Raton, Florida.
Minnesota Geospatial Commons (https://gisdata.mn.gov/dataset/water-mn-public-
waters), NWI data (https://gisdata.mn.gov/dataset/water-nat-wetlands-inv-2009-
2014), generated by Scott Thelen using <https://gisdata.mn.gov/>, May 18, 2021.
Midwest (Version 2.0) Regional Supplement to the Corps of Engineers Wetland
Delineation Manual: January 2010, Washington, D. C.
United States Department of Agricultural, Natural Resources Conservation Service,
Data Gateway <http://datagateway.nrcs.usda.gov/> (May 18, 2021).
Minnesota Department of Natural Resources, NWI Wetland Finder <
https://arcgis.dnr.state.mn.us/ewr/wetlandfinder/>, May 18, 2021.
U.S. Fish and Wildlife Service National Wetlands Inventory
<http:/www.fws.gov/wetlands/data/WebMapServices.html > (May 18, 2021).
U.S. Army Corps of Engineers, U. S. Army Corps of Engineers Wetland Delineation
Manual, 1987, updated on February 25, 1997, Washington, D. C.
351
FIGURE 1
Site Location Map
WETLAND DETERMINATION AND DELINEATION
352
353
FIGURE 2
Site Layout
WETLAND DETERMINATION AND DELINEATION
354
355
FIGURE 3
Soil Survey
WETLAND DETERMINATION AND DELINEATION
356
357
FIGURE 4
National Wetland Inventory
WETLAND DETERMINATION AND DELINEATION
358
359
FIGURE 5
Public Waters Inventory
WETLAND DETERMINATION AND DELINEATION
360
361
FIGURE 6
Wetland Communities Sketch
WETLAND DETERMINATION AND DELINEATION
362
363
APPENDICES
364
APPENDIX A
Midwest Data Forms
365
Project/Site:
Applicant/Owner:State:
Investigator(s):
Landform (hillside, terrace, etc.):
Slope (%):Lat:
Soil Map Unit Name:
X
Are Vegetation , Soil , or Hydrology Are “Normal Circumstances” present?Yes X No
Are Vegetation , Soil , or Hydrology
SUMMARY OF FINDINGS – Attach site map showing sampling point locations, transects, important features, etc.
Yes X
Yes X Yes X
Yes X
)
1.
2.(A)
3.
4.(B)
5.
(A/B)
Sapling/Shrub Stratum
1.
2.
3.x 1 =
4.x 2 =
5.x 3 =
x 4 =
x 5 =
1.Column Totals:(A)(B)
2.
3.
4.
5.
6.
7.
8.4 - Morphological Adaptations1 (Provide supporting
9.
10.
Woody Vine Stratum
1.
2.
Yes X
=Total Cover
(Plot size:15 )
=Total Cover
20
80
Hydrophytic
Vegetation
Present?No
Percent of Dominant Species That
Are OBL, FACW, or FAC:
No
80
Prevalence Index worksheet:
2
4
50.0%
Number of Dominant Species That
Are OBL, FACW, or FAC:
data in Remarks or on a separate sheet)
1Indicators of hydric soil and wetland hydrology must
be present, unless disturbed or problematic.
3 - Prevalence Index is ≤3.01
FACU species
UPL species
Yes
(Plot size:
20
Tree Stratum 30
Absolute
% Cover
FACW
Total % Cover of:
15 )
NWI classification:
Yes NoAre climatic / hydrologic conditions on the site typical for this time of year?(If no, explain in Remarks.)
naturally problematic?(If needed, explain any answers in Remarks.)
significantly disturbed?
City/County:Orono/Hennepin Sampling Date:5/10/2021
Sunde Land Surveying MN W1-1USampling Point:
-93.560311°WGS 1984
concave
ST S30, T23N, R27WSection, Township, Range:
Local relief (concave, convex, none):
0-1 Long:44.968781°Datum:
Remarks:
Lester loam L2UBH
Remarks: (Include photo numbers here or on a separate sheet.)
=Total Cover
Yes
20
Indicator
Status
Dominant
Species?
(Plot size:
FAC
Taraxacum officinale
Rhamnus cathartica
)
FACU
FACU
Yes
Glechoma hederacea 60
20
Herb Stratum 5
20
Problematic Hydrophytic Vegetation1 (Explain)
OBL species
FACW species
FAC species
Hydrophytic Vegetation Indicators:
0
420
0
120
depressional
2 - Dominance Test is >50%
Yes
60
=Total Cover
1 - Rapid Test for Hydrophytic Vegetation
320
3.50Prevalence Index = B/A =
0
Multiply by:
40
(Plot size:
20
0
20
WETLAND DETERMINATION DATA FORM – Midwest Region
485 Orono Orchard Rd. S.
Total Number of Dominant Species
Across All Strata:
Dominance Test worksheet:
No
No
No
VEGETATION – Use scientific names of plants.
Is the Sampled Area
within a Wetland?
Fraxinus pennsylvanica
Hydrophytic Vegetation Present?
Hydric Soil Present?
Wetland Hydrology Present?
US Army Corps of Engineers Midwest Region – Version 2.0
366
Sampling Point:
%%Type1 Loc2
100
100
100
Type:
Depth (inches):Hydric Soil Present?Yes No X
Primary Indicators (minimum of one is required; check all that apply)
Sparsely Vegetated Concave Surface (B8)
Surface Water Present?Yes X
Water Table Present?Yes X
Saturation Present?Yes X Wetland Hydrology Present?Yes No X
Geomorphic Position (D2)
No
No
No
Depth (inches):
Depth (inches):
Depth (inches):
Field Observations:
W1-1USOIL
Restrictive Layer (if observed):
Remarks:
Standing water near sampling point
Dry-Season Water Table (C2)
Crayfish Burrows (C8)
Saturation Visible on Aerial Imagery (C9)
FAC-Neutral Test (D5)
Algal Mat or Crust (B4)
Sediment Deposits (B2)
Drift Deposits (B3)
Water Marks (B1)
Iron Deposits (B5)
Inundation Visible on Aerial Imagery (B7)
(includes capillary fringe)
5 cm Mucky Peat or Peat (S3)
This data form is revised from Midwest Regional Supplement Version 2.0 to include the NRCS Field Indicators of Hydric Soils, Version 7.0, 2015
Errata. (http://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/nrcs142p2_051293.docx)
Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available:
HYDROLOGY
Water-Stained Leaves (B9)
Aquatic Fauna (B13)
True Aquatic Plants (B14)
Hydrogen Sulfide Odor (C1)
Oxidized Rhizospheres on Living Roots (C3)
Presence of Reduced Iron (C4)
Recent Iron Reduction in Tilled Soils (C6)
Thin Muck Surface (C7)
Gauge or Well Data (D9)
Other (Explain in Remarks)
Surface Soil Cracks (B6)
Drainage Patterns (B10)
Stunted or Stressed Plants (D1)
Remarks:
Surface Water (A1)
High Water Table (A2)
Saturation (A3)
Wetland Hydrology Indicators:
Secondary Indicators (minimum of two required)
unless disturbed or problematic.
wetland hydrology must be present,
0-6 Loamy/Clayey
1Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains.2Location: PL=Pore Lining, M=Matrix.
Hydric Soil Indicators:Indicators for Problematic Hydric Soils3:
Coast Prairie Redox (A16)
Iron-Manganese Masses (F12)
Red Parent Material (F21)
Very Shallow Dark Surface (F22)
Other (Explain in Remarks)
Sandy Mucky Mineral (S1)
Sandy Gleyed Matrix (S4)
Sandy Redox (S5)
Hydrogen Sulfide (A4)
Stratified Layers (A5)
2 cm Muck (A10)
Depleted Below Dark Surface (A11)
Thick Dark Surface (A12)
Depleted Matrix (F3)
Redox Dark Surface (F6)
Depleted Dark Surface (F7)
Redox Depressions (F8)
3Indicators of hydrophytic vegetation and
Matrix
Texture Remarks
6-12
Color (moist)
Histosol (A1)
Loamy Gleyed Matrix (F2)
Histic Epipedon (A2)
Black Histic (A3)Stripped Matrix (S6)
Loamy Mucky Mineral (F1)
Dark Surface (S7)
12-18 10YR 5/4
Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.)
Redox FeaturesDepth
(inches)Color (moist)
10YR 3/1
10YR 2/1
Loamy/Clayey
Loamy/Clayey
US Army Corps of Engineers Midwest Region – Version 2.0
367
Project/Site:
Applicant/Owner:State:
Investigator(s):
Landform (hillside, terrace, etc.):
Slope (%):Lat:
Soil Map Unit Name:
X
Are Vegetation , Soil , or Hydrology Are “Normal Circumstances” present?Yes X No
Are Vegetation , Soil , or Hydrology
SUMMARY OF FINDINGS – Attach site map showing sampling point locations, transects, important features, etc.
Yes X
Yes X Yes X
Yes X
)
1.
2.(A)
3.
4.(B)
5.
(A/B)
Sapling/Shrub Stratum
1.
2.
3.x 1 =
4.x 2 =
5.x 3 =
x 4 =
x 5 =
1.Column Totals:(A)(B)
2.
3.
4.
5.
6.X
7.X
8.4 - Morphological Adaptations1 (Provide supporting
9.
10.
Woody Vine Stratum
1.
2.
Yes X
WETLAND DETERMINATION DATA FORM – Midwest Region
485 Orono Orchard Rd. S.
Total Number of Dominant Species
Across All Strata:
Dominance Test worksheet:
No
No
No
VEGETATION – Use scientific names of plants.
Is the Sampled Area
within a Wetland?
Fraxinus pennsylvanica
Hydrophytic Vegetation Present?
Hydric Soil Present?
Wetland Hydrology Present?
depressional
2 - Dominance Test is >50%
No
30
=Total Cover
1 - Rapid Test for Hydrophytic Vegetation
40
2.25Prevalence Index = B/A =
0
Multiply by:
200
(Plot size:
30
0
100
10
Problematic Hydrophytic Vegetation1 (Explain)
OBL species
FACW species
FAC species
Hydrophytic Vegetation Indicators:
0
270
0
120FACW
FACU
Yes
Phalaris arundinacea 60
10
Herb Stratum 5(Plot size:
FAC
Glechoma hederacea
10Solidago gigantea FACW
Rhamnus cathartica
)
Remarks: (Include photo numbers here or on a separate sheet.)
=Total Cover
Yes
10
Indicator
Status
Dominant
Species?
City/County:Orono/Hennepin Sampling Date:5/10/2021
Sunde Land Surveying MN W1-1WSampling Point:
Wetland is located on the shore of Lake Minnetonka.
-93.560311°WGS 1984
concave
ST S30, T23N, R27WSection, Township, Range:
Local relief (concave, convex, none):
0-1 Long:44.968781°Datum:
Remarks:
Lester loam L2UBHNWI classification:
Yes NoAre climatic / hydrologic conditions on the site typical for this time of year?(If no, explain in Remarks.)
naturally problematic?(If needed, explain any answers in Remarks.)
significantly disturbed?
UPL species
Yes
(Plot size:
30
Tree Stratum 30
Absolute
% Cover
FACW
Total % Cover of:
15 )
80
Hydrophytic
Vegetation
Present?No
Percent of Dominant Species That
Are OBL, FACW, or FAC:
No
10
Prevalence Index worksheet:
3
3
100.0%
Number of Dominant Species That
Are OBL, FACW, or FAC:
data in Remarks or on a separate sheet)
1Indicators of hydric soil and wetland hydrology must
be present, unless disturbed or problematic.
3 - Prevalence Index is ≤3.01
FACU species
=Total Cover
(Plot size:15 )
=Total Cover
No
10
US Army Corps of Engineers Midwest Region – Version 2.0
368
Sampling Point:
%%Type1 Loc2
100
95 5 C M
100
?
X
Type:
Depth (inches):Hydric Soil Present?Yes X No
Primary Indicators (minimum of one is required; check all that apply)
X
X
Sparsely Vegetated Concave Surface (B8)
Surface Water Present?Yes X
Water Table Present?Yes X
Saturation Present?Yes X Wetland Hydrology Present?Yes X No
12-18 10YR 5/4
Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.)
Redox FeaturesDepth
(inches)Color (moist)
10YR 3/1
10YR 2/1
Loamy/Clayey
Loamy/Clayey
Loamy Gleyed Matrix (F2)
Histic Epipedon (A2)
Black Histic (A3)Stripped Matrix (S6)
Loamy Mucky Mineral (F1)
Dark Surface (S7)
3Indicators of hydrophytic vegetation and
Matrix
Texture Remarks
6-12
Color (moist)
Histosol (A1)
1Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains.2Location: PL=Pore Lining, M=Matrix.
Hydric Soil Indicators:Indicators for Problematic Hydric Soils3:
Coast Prairie Redox (A16)
Iron-Manganese Masses (F12)
Red Parent Material (F21)
Very Shallow Dark Surface (F22)
Other (Explain in Remarks)
Sandy Mucky Mineral (S1)
Sandy Gleyed Matrix (S4)
Sandy Redox (S5)
Hydrogen Sulfide (A4)
Stratified Layers (A5)
2 cm Muck (A10)
Depleted Below Dark Surface (A11)
Thick Dark Surface (A12)
Depleted Matrix (F3)
Redox Dark Surface (F6)
Depleted Dark Surface (F7)
Redox Depressions (F8)
Surface Water (A1)
High Water Table (A2)
Saturation (A3)
Wetland Hydrology Indicators:
Secondary Indicators (minimum of two required)
unless disturbed or problematic.
wetland hydrology must be present,
10YR 4/6 Prominent redox concentrations
0-6 Loamy/Clayey
5 cm Mucky Peat or Peat (S3)
This data form is revised from Midwest Regional Supplement Version 2.0 to include the NRCS Field Indicators of Hydric Soils, Version 7.0, 2015
Errata. (http://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/nrcs142p2_051293.docx)
Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available:
HYDROLOGY
Water-Stained Leaves (B9)
Aquatic Fauna (B13)
True Aquatic Plants (B14)
Hydrogen Sulfide Odor (C1)
Oxidized Rhizospheres on Living Roots (C3)
Presence of Reduced Iron (C4)
Recent Iron Reduction in Tilled Soils (C6)
Thin Muck Surface (C7)
Gauge or Well Data (D9)
Other (Explain in Remarks)
Surface Soil Cracks (B6)
Drainage Patterns (B10)
Stunted or Stressed Plants (D1)
Remarks:
W1-1WSOIL
Restrictive Layer (if observed):
Remarks:
Standing water near sampling point
Dry-Season Water Table (C2)
Crayfish Burrows (C8)
Saturation Visible on Aerial Imagery (C9)
FAC-Neutral Test (D5)
Algal Mat or Crust (B4)
Sediment Deposits (B2)
Drift Deposits (B3)
Water Marks (B1)
Iron Deposits (B5)
Inundation Visible on Aerial Imagery (B7)
(includes capillary fringe)
Geomorphic Position (D2)
8
No
No
No
Depth (inches):
Depth (inches):
Depth (inches):
Field Observations:
US Army Corps of Engineers Midwest Region – Version 2.0
369
Project/Site:
Applicant/Owner:State:
Investigator(s):
Landform (hillside, terrace, etc.):
Slope (%):Lat:
Soil Map Unit Name:
X
Are Vegetation , Soil , or Hydrology Are “Normal Circumstances” present?Yes X No
Are Vegetation , Soil , or Hydrology
SUMMARY OF FINDINGS – Attach site map showing sampling point locations, transects, important features, etc.
Yes X
Yes X Yes X
Yes X
)
1.
2.(A)
3.
4.(B)
5.
(A/B)
Sapling/Shrub Stratum
1.
2.
3.x 1 =
4.x 2 =
5.x 3 =
x 4 =
x 5 =
1.Column Totals:(A)(B)
2.
3.
4.
5.
6.X
7.
8.4 - Morphological Adaptations1 (Provide supporting
9.
10.
Woody Vine Stratum
1.
2.
Yes X
=Total Cover
(Plot size:15 )
=Total Cover
10
60
Hydrophytic
Vegetation
Present?No
Percent of Dominant Species That
Are OBL, FACW, or FAC:
No
10
Prevalence Index worksheet:
1
1
100.0%
Number of Dominant Species That
Are OBL, FACW, or FAC:
data in Remarks or on a separate sheet)
1Indicators of hydric soil and wetland hydrology must
be present, unless disturbed or problematic.
3 - Prevalence Index is ≤3.01
FACU species
UPL species
(Plot size:Tree Stratum 30
Absolute
% Cover
Total % Cover of:
15 )
NWI classification:
Yes NoAre climatic / hydrologic conditions on the site typical for this time of year?(If no, explain in Remarks.)
naturally problematic?(If needed, explain any answers in Remarks.)
significantly disturbed?
City/County:Orono/Hennepin Sampling Date:5/10/2021
Sunde Land Surveying MN W2-1USampling Point:
Wetland appears to be a swale draining a hill to a blocking road and culvert.
-93.560311°WGS 1984
concave
ST S30, T23N, R27WSection, Township, Range:
Local relief (concave, convex, none):
2-6 Long:44.968781°Datum:
Remarks:
Hamel loam PEM1A
Remarks: (Include photo numbers here or on a separate sheet.)
=Total Cover
Yes
50
Indicator
Status
Dominant
Species?
(Plot size:
Taraxacum officinale
)
FAC
FACU
Poa pratensis 50
Herb Stratum 5
Problematic Hydrophytic Vegetation1 (Explain)
OBL species
FACW species
FAC species
Hydrophytic Vegetation Indicators:
0
190
0
60
depressional
2 - Dominance Test is >50%
No
150
=Total Cover
1 - Rapid Test for Hydrophytic Vegetation
40
3.17Prevalence Index = B/A =
0
Multiply by:
0
(Plot size:
0
0
WETLAND DETERMINATION DATA FORM – Midwest Region
485 Orono Orchard Rd. S.
Total Number of Dominant Species
Across All Strata:
Dominance Test worksheet:
No
No
No
VEGETATION – Use scientific names of plants.
Is the Sampled Area
within a Wetland?
Hydrophytic Vegetation Present?
Hydric Soil Present?
Wetland Hydrology Present?
US Army Corps of Engineers Midwest Region – Version 2.0
370
Sampling Point:
%%Type1 Loc2
100
100
95 5 C PL/M
Type:
Depth (inches):Hydric Soil Present?Yes No X
Primary Indicators (minimum of one is required; check all that apply)
Sparsely Vegetated Concave Surface (B8)
Surface Water Present?Yes X
Water Table Present?Yes X
Saturation Present?Yes X Wetland Hydrology Present?Yes No X
Geomorphic Position (D2)
No
No
No
Depth (inches):
Depth (inches):
Depth (inches):
Field Observations:
W2-1USOIL
Restrictive Layer (if observed):
Remarks:
Dry-Season Water Table (C2)
Crayfish Burrows (C8)
Saturation Visible on Aerial Imagery (C9)
FAC-Neutral Test (D5)
Algal Mat or Crust (B4)
Sediment Deposits (B2)
Drift Deposits (B3)
Water Marks (B1)
Iron Deposits (B5)
Inundation Visible on Aerial Imagery (B7)
(includes capillary fringe)
5 cm Mucky Peat or Peat (S3)
This data form is revised from Midwest Regional Supplement Version 2.0 to include the NRCS Field Indicators of Hydric Soils, Version 7.0, 2015
Errata. (http://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/nrcs142p2_051293.docx)
Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available:
HYDROLOGY
Water-Stained Leaves (B9)
Aquatic Fauna (B13)
True Aquatic Plants (B14)
Hydrogen Sulfide Odor (C1)
Oxidized Rhizospheres on Living Roots (C3)
Presence of Reduced Iron (C4)
Recent Iron Reduction in Tilled Soils (C6)
Thin Muck Surface (C7)
Gauge or Well Data (D9)
Other (Explain in Remarks)
Surface Soil Cracks (B6)
Drainage Patterns (B10)
Stunted or Stressed Plants (D1)
Remarks:
Surface Water (A1)
High Water Table (A2)
Saturation (A3)
Wetland Hydrology Indicators:
Secondary Indicators (minimum of two required)
unless disturbed or problematic.
wetland hydrology must be present,
Prominent redox concentrations
0-8 Loamy/Clayey
1Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains.2Location: PL=Pore Lining, M=Matrix.
Hydric Soil Indicators:Indicators for Problematic Hydric Soils3:
Coast Prairie Redox (A16)
Iron-Manganese Masses (F12)
Red Parent Material (F21)
Very Shallow Dark Surface (F22)
Other (Explain in Remarks)
Sandy Mucky Mineral (S1)
Sandy Gleyed Matrix (S4)
Sandy Redox (S5)
Hydrogen Sulfide (A4)
Stratified Layers (A5)
2 cm Muck (A10)
Depleted Below Dark Surface (A11)
Thick Dark Surface (A12)
Depleted Matrix (F3)
Redox Dark Surface (F6)
Depleted Dark Surface (F7)
Redox Depressions (F8)
3Indicators of hydrophytic vegetation and
Matrix
Texture Remarks
8-15
Color (moist)
10YR 4/6
Histosol (A1)
Loamy Gleyed Matrix (F2)
Histic Epipedon (A2)
Black Histic (A3)Stripped Matrix (S6)
Loamy Mucky Mineral (F1)
Dark Surface (S7)
15-21 10YR 3/1
Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.)
Redox FeaturesDepth
(inches)Color (moist)
10YR 2/1
10YR 3/1
Loamy/Clayey
Loamy/Clayey
US Army Corps of Engineers Midwest Region – Version 2.0
371
Project/Site:
Applicant/Owner:State:
Investigator(s):
Landform (hillside, terrace, etc.):
Slope (%):Lat:
Soil Map Unit Name:
X
Are Vegetation , Soil , or Hydrology Are “Normal Circumstances” present?Yes X No
Are Vegetation , Soil , or Hydrology
SUMMARY OF FINDINGS – Attach site map showing sampling point locations, transects, important features, etc.
Yes X
Yes X Yes X
Yes X
)
1.
2.(A)
3.
4.(B)
5.
(A/B)
Sapling/Shrub Stratum
1.
2.
3.x 1 =
4.x 2 =
5.x 3 =
x 4 =
x 5 =
1.Column Totals:(A)(B)
2.
3.
4.
5.
6.X
7.X
8.4 - Morphological Adaptations1 (Provide supporting
9.
10.
Woody Vine Stratum
1.
2.
Yes X
=Total Cover
(Plot size:15 )
=Total Cover80
Hydrophytic
Vegetation
Present?No
Percent of Dominant Species That
Are OBL, FACW, or FAC:
No
0
Prevalence Index worksheet:
1
1
100.0%
Number of Dominant Species That
Are OBL, FACW, or FAC:
data in Remarks or on a separate sheet)
1Indicators of hydric soil and wetland hydrology must
be present, unless disturbed or problematic.
3 - Prevalence Index is ≤3.01
FACU species
UPL species
(Plot size:Tree Stratum 30
Absolute
% Cover
Total % Cover of:
15 )
NWI classification:
Yes NoAre climatic / hydrologic conditions on the site typical for this time of year?(If no, explain in Remarks.)
naturally problematic?(If needed, explain any answers in Remarks.)
significantly disturbed?
City/County:Orono/Hennepin Sampling Date:5/10/2021
Sunde Land Surveying MN W2-1WSampling Point:
A culvert appears to drain the wetland at the southern end of the wetland under a roadway.
-93.560311°WGS 1984
concave
ST S30, T23N, R27WSection, Township, Range:
Local relief (concave, convex, none):
2-6 Long:44.968781°Datum:
Remarks:
Hamel loam PEM1A
Remarks: (Include photo numbers here or on a separate sheet.)
=Total Cover
Yes
0
Indicator
Status
Dominant
Species?
(Plot size:)
FACWPhalaris arundinacea 80
Herb Stratum 5
Problematic Hydrophytic Vegetation1 (Explain)
OBL species
FACW species
FAC species
Hydrophytic Vegetation Indicators:
0
160
0
80
depressional
2 - Dominance Test is >50%
0
=Total Cover
1 - Rapid Test for Hydrophytic Vegetation
0
2.00Prevalence Index = B/A =
0
Multiply by:
160
(Plot size:
0
80
WETLAND DETERMINATION DATA FORM – Midwest Region
485 Orono Orchard Rd. S.
Total Number of Dominant Species
Across All Strata:
Dominance Test worksheet:
No
No
No
VEGETATION – Use scientific names of plants.
Is the Sampled Area
within a Wetland?
Hydrophytic Vegetation Present?
Hydric Soil Present?
Wetland Hydrology Present?
US Army Corps of Engineers Midwest Region – Version 2.0
372
Sampling Point:
%%Type1 Loc2
100
95 5 C PL/M
?
X
?
Type:
Depth (inches):Hydric Soil Present?Yes X No
Primary Indicators (minimum of one is required; check all that apply)
X
Sparsely Vegetated Concave Surface (B8)
Surface Water Present?Yes X
Water Table Present?Yes X
Saturation Present?Yes X Wetland Hydrology Present?Yes X No
Geomorphic Position (D2)
10
No
No
No
Depth (inches):
Depth (inches):
Depth (inches):
Field Observations:
W2-1WSOIL
Restrictive Layer (if observed):
Remarks:
Standing water near sampling point
Dry-Season Water Table (C2)
Crayfish Burrows (C8)
Saturation Visible on Aerial Imagery (C9)
FAC-Neutral Test (D5)
Algal Mat or Crust (B4)
Sediment Deposits (B2)
Drift Deposits (B3)
Water Marks (B1)
Iron Deposits (B5)
Inundation Visible on Aerial Imagery (B7)
(includes capillary fringe)
5 cm Mucky Peat or Peat (S3)
This data form is revised from Midwest Regional Supplement Version 2.0 to include the NRCS Field Indicators of Hydric Soils, Version 7.0, 2015
Errata. (http://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/nrcs142p2_051293.docx)
Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available:
HYDROLOGY
Water-Stained Leaves (B9)
Aquatic Fauna (B13)
True Aquatic Plants (B14)
Hydrogen Sulfide Odor (C1)
Oxidized Rhizospheres on Living Roots (C3)
Presence of Reduced Iron (C4)
Recent Iron Reduction in Tilled Soils (C6)
Thin Muck Surface (C7)
Gauge or Well Data (D9)
Other (Explain in Remarks)
Surface Soil Cracks (B6)
Drainage Patterns (B10)
Stunted or Stressed Plants (D1)
Remarks:
Surface Water (A1)
High Water Table (A2)
Saturation (A3)
Wetland Hydrology Indicators:
Secondary Indicators (minimum of two required)
unless disturbed or problematic.
wetland hydrology must be present,
10YR 4/6 Prominent redox concentrations
0-4 Loamy/Clayey
1Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains.2Location: PL=Pore Lining, M=Matrix.
Hydric Soil Indicators:Indicators for Problematic Hydric Soils3:
Coast Prairie Redox (A16)
Iron-Manganese Masses (F12)
Red Parent Material (F21)
Very Shallow Dark Surface (F22)
Other (Explain in Remarks)
Sandy Mucky Mineral (S1)
Sandy Gleyed Matrix (S4)
Sandy Redox (S5)
Hydrogen Sulfide (A4)
Stratified Layers (A5)
2 cm Muck (A10)
Depleted Below Dark Surface (A11)
Thick Dark Surface (A12)
Depleted Matrix (F3)
Redox Dark Surface (F6)
Depleted Dark Surface (F7)
Redox Depressions (F8)
3Indicators of hydrophytic vegetation and
Matrix
Texture Remarks
4-12
Color (moist)
Histosol (A1)
Loamy Gleyed Matrix (F2)
Histic Epipedon (A2)
Black Histic (A3)Stripped Matrix (S6)
Loamy Mucky Mineral (F1)
Dark Surface (S7)
Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.)
Redox FeaturesDepth
(inches)Color (moist)
10YR 2/1
10YR 2/1
Loamy/Clayey
US Army Corps of Engineers Midwest Region – Version 2.0
373
Project/Site:
Applicant/Owner:State:
Investigator(s):
Landform (hillside, terrace, etc.):
Slope (%):Lat:
Soil Map Unit Name:
Are Vegetation , Soil , or Hydrology Are “Normal Circumstances” present?Yes X No
Are Vegetation , Soil , or Hydrology
SUMMARY OF FINDINGS – Attach site map showing sampling point locations, transects, important features, etc.
Yes X
Yes X Yes X
Yes X
)
1.
2.(A)
3.
4.(B)
5.
(A/B)
Sapling/Shrub Stratum
1.
2.
3.x 1 =
4.x 2 =
5.x 3 =
x 4 =
x 5 =
1.Column Totals:(A)(B)
2.
3.
4.
5.
6.
7.
8.4 - Morphological Adaptations1 (Provide supporting
9.
10.
Woody Vine Stratum
1.
2.
Yes X
WETLAND DETERMINATION DATA FORM – Midwest Region
485 Orono Orchard Rd. S.
Total Number of Dominant Species
Across All Strata:
Dominance Test worksheet:
No
No
No
VEGETATION – Use scientific names of plants.
Is the Sampled Area
within a Wetland?
Hydrophytic Vegetation Present?
Hydric Soil Present?
Wetland Hydrology Present?
depressional
2 - Dominance Test is >50%
Yes
60
=Total Cover
1 - Rapid Test for Hydrophytic Vegetation
280
3.78Prevalence Index = B/A =
0
Multiply by:
0
(Plot size:
0
0
Problematic Hydrophytic Vegetation1 (Explain)
OBL species
FACW species
FAC species
Hydrophytic Vegetation Indicators:
0
340
0
90FACU
FAC
Glechoma hederacea 60
Herb Stratum 5(Plot size:
Alliaria petiolata
10Solidago canadensis FACU
)
Remarks: (Include photo numbers here or on a separate sheet.)
=Total Cover
Yes
20
Indicator
Status
Dominant
Species?
City/County:Orono/Hennepin Sampling Date:5/10/2021
Sunde Land Surveying MN W3-1USampling Point:
Culverts and natural drainage appear to enter the wetland areaat various locations.
-93.560311°WGS 1984
concave
ST S30, T23N, R27WSection, Township, Range:
Local relief (concave, convex, none):
0-1 Long:44.968781°Datum:
Remarks:
Lester loam
Are climatic / hydrologic conditions on the site typical for this time of year?
NWI classification: PEM1C
Yes X No (If no, explain in Remarks.)
naturally problematic?(If needed, explain any answers in Remarks.)
significantly disturbed?
UPL species
(Plot size:Tree Stratum 30
Absolute
% Cover
Total % Cover of:
15 )
90
Hydrophytic
Vegetation
Present?No
Percent of Dominant Species That
Are OBL, FACW, or FAC:
No
70
Prevalence Index worksheet:
1
2
50.0%
Number of Dominant Species That
Are OBL, FACW, or FAC:
data in Remarks or on a separate sheet)
1Indicators of hydric soil and wetland hydrology must
be present, unless disturbed or problematic.
3 - Prevalence Index is ≤3.01
FACU species
=Total Cover
(Plot size:15 )
=Total Cover
No
20
US Army Corps of Engineers Midwest Region – Version 2.0
374
Sampling Point:
%%Type1 Loc2
100
100
95 5 C M
Type:
Depth (inches):Hydric Soil Present?Yes No X
Primary Indicators (minimum of one is required; check all that apply)
Sparsely Vegetated Concave Surface (B8)
Surface Water Present?Yes X
Water Table Present?Yes X
Saturation Present?Yes X Wetland Hydrology Present?Yes No X
15-18 10YR 4/1
Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.)
Redox FeaturesDepth
(inches)Color (moist)
10YR 3/1
10YR 2/1
Loamy/Clayey
Loamy/Clayey
Loamy Gleyed Matrix (F2)
Histic Epipedon (A2)
Black Histic (A3)Stripped Matrix (S6)
Loamy Mucky Mineral (F1)
Dark Surface (S7)
3Indicators of hydrophytic vegetation and
Matrix
Texture Remarks
10-15
Color (moist)
10YR 4/6
Histosol (A1)
1Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains.2Location: PL=Pore Lining, M=Matrix.
Hydric Soil Indicators:Indicators for Problematic Hydric Soils3:
Coast Prairie Redox (A16)
Iron-Manganese Masses (F12)
Red Parent Material (F21)
Very Shallow Dark Surface (F22)
Other (Explain in Remarks)
Sandy Mucky Mineral (S1)
Sandy Gleyed Matrix (S4)
Sandy Redox (S5)
Hydrogen Sulfide (A4)
Stratified Layers (A5)
2 cm Muck (A10)
Depleted Below Dark Surface (A11)
Thick Dark Surface (A12)
Depleted Matrix (F3)
Redox Dark Surface (F6)
Depleted Dark Surface (F7)
Redox Depressions (F8)
Surface Water (A1)
High Water Table (A2)
Saturation (A3)
Wetland Hydrology Indicators:
Secondary Indicators (minimum of two required)
unless disturbed or problematic.
wetland hydrology must be present,
Prominent redox concentrations
0-10 Loamy/Clayey
5 cm Mucky Peat or Peat (S3)
This data form is revised from Midwest Regional Supplement Version 2.0 to include the NRCS Field Indicators of Hydric Soils, Version 7.0, 2015
Errata. (http://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/nrcs142p2_051293.docx)
Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available:
HYDROLOGY
Water-Stained Leaves (B9)
Aquatic Fauna (B13)
True Aquatic Plants (B14)
Hydrogen Sulfide Odor (C1)
Oxidized Rhizospheres on Living Roots (C3)
Presence of Reduced Iron (C4)
Recent Iron Reduction in Tilled Soils (C6)
Thin Muck Surface (C7)
Gauge or Well Data (D9)
Other (Explain in Remarks)
Surface Soil Cracks (B6)
Drainage Patterns (B10)
Stunted or Stressed Plants (D1)
Remarks:
W3-1USOIL
Restrictive Layer (if observed):
Remarks:
Dry-Season Water Table (C2)
Crayfish Burrows (C8)
Saturation Visible on Aerial Imagery (C9)
FAC-Neutral Test (D5)
Algal Mat or Crust (B4)
Sediment Deposits (B2)
Drift Deposits (B3)
Water Marks (B1)
Iron Deposits (B5)
Inundation Visible on Aerial Imagery (B7)
(includes capillary fringe)
Geomorphic Position (D2)
No
No
No
Depth (inches):
Depth (inches):
Depth (inches):
Field Observations:
US Army Corps of Engineers Midwest Region – Version 2.0
375
Project/Site:
Applicant/Owner:State:
Investigator(s):
Landform (hillside, terrace, etc.):
Slope (%):Lat:
Soil Map Unit Name:
X
Are Vegetation , Soil , or Hydrology Are “Normal Circumstances” present?Yes X No
Are Vegetation , Soil , or Hydrology
SUMMARY OF FINDINGS – Attach site map showing sampling point locations, transects, important features, etc.
Yes X
Yes X Yes X
Yes X
)
1.
2.(A)
3.
4.(B)
5.
(A/B)
Sapling/Shrub Stratum
1.
2.
3.x 1 =
4.x 2 =
5.x 3 =
x 4 =
x 5 =
1.Column Totals:(A)(B)
2.
3.
4.
5.
6.X
7.X
8.4 - Morphological Adaptations1 (Provide supporting
9.
10.
Woody Vine Stratum
1.
2.
Yes X
WETLAND DETERMINATION DATA FORM – Midwest Region
485 Orono Orchard Rd. S.
Total Number of Dominant Species
Across All Strata:
Dominance Test worksheet:
No
No
No
VEGETATION – Use scientific names of plants.
Is the Sampled Area
within a Wetland?
Hydrophytic Vegetation Present?
Hydric Soil Present?
Wetland Hydrology Present?
depressional
2 - Dominance Test is >50%
Yes
60
=Total Cover
1 - Rapid Test for Hydrophytic Vegetation
20
2.18Prevalence Index = B/A =
20
Multiply by:
20
(Plot size:
20
10
Problematic Hydrophytic Vegetation1 (Explain)
OBL species
FACW species
FAC species
Hydrophytic Vegetation Indicators:
0
120
0
55FACU
FAC
Glechoma hederacea 5
Yes
Herb Stratum 5(Plot size:
OBL
Alliaria petiolata
10Solidago gigantea FACW
)
Remarks: (Include photo numbers here or on a separate sheet.)
=Total Cover
No
20
Indicator
Status
Dominant
Species?
City/County:Orono/Hennepin Sampling Date:5/10/2021
Sunde Land Surveying MN W3-1WSampling Point:
Culverts and natrual drainages appers to enter the wetland area.
-93.560311°WGS 1984
concave
ST S30, T23N, R27WSection, Township, Range:
Local relief (concave, convex, none):
0-1 Long:44.968781°Datum:
Remarks:
Lester loam PEM1CNWI classification:
Yes NoAre climatic / hydrologic conditions on the site typical for this time of year?(If no, explain in Remarks.)
naturally problematic?(If needed, explain any answers in Remarks.)
significantly disturbed?
UPL species
(Plot size:Tree Stratum 30
Absolute
% Cover
Total % Cover of:
15 )
55
Hydrophytic
Vegetation
Present?No
Percent of Dominant Species That
Are OBL, FACW, or FAC:
No
5
Prevalence Index worksheet:
2
2
100.0%
Number of Dominant Species That
Are OBL, FACW, or FAC:
data in Remarks or on a separate sheet)
1Indicators of hydric soil and wetland hydrology must
be present, unless disturbed or problematic.
3 - Prevalence Index is ≤3.01
FACU species
=Total Cover
(Plot size:15 )
=Total Cover
No
20
Carex lacustris 20
US Army Corps of Engineers Midwest Region – Version 2.0
376
Sampling Point:
%%Type1 Loc2
100
100
95 5 C M
?
X
Type:
Depth (inches):Hydric Soil Present?Yes X No
Primary Indicators (minimum of one is required; check all that apply)
X
X
X
Sparsely Vegetated Concave Surface (B8)
Surface Water Present?Yes X
Water Table Present?Yes X
Saturation Present?Yes X Wetland Hydrology Present?Yes X No
6-12 10YR 3/1
Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.)
Redox FeaturesDepth
(inches)Color (moist)
10YR 3/1
10YR 2/1
Loamy/Clayey
Loamy/Clayey
Loamy Gleyed Matrix (F2)
Histic Epipedon (A2)
Black Histic (A3)Stripped Matrix (S6)
Loamy Mucky Mineral (F1)
Dark Surface (S7)
3Indicators of hydrophytic vegetation and
Matrix
Texture Remarks
4-6
Color (moist)
10YR 4/6
Histosol (A1)
1Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains.2Location: PL=Pore Lining, M=Matrix.
Hydric Soil Indicators:Indicators for Problematic Hydric Soils3:
Coast Prairie Redox (A16)
Iron-Manganese Masses (F12)
Red Parent Material (F21)
Very Shallow Dark Surface (F22)
Other (Explain in Remarks)
Sandy Mucky Mineral (S1)
Sandy Gleyed Matrix (S4)
Sandy Redox (S5)
Hydrogen Sulfide (A4)
Stratified Layers (A5)
2 cm Muck (A10)
Depleted Below Dark Surface (A11)
Thick Dark Surface (A12)
Depleted Matrix (F3)
Redox Dark Surface (F6)
Depleted Dark Surface (F7)
Redox Depressions (F8)
Surface Water (A1)
High Water Table (A2)
Saturation (A3)
Wetland Hydrology Indicators:
Secondary Indicators (minimum of two required)
unless disturbed or problematic.
wetland hydrology must be present,
Prominent redox concentrations
0-4 Loamy/Clayey
5 cm Mucky Peat or Peat (S3)
This data form is revised from Midwest Regional Supplement Version 2.0 to include the NRCS Field Indicators of Hydric Soils, Version 7.0, 2015
Errata. (http://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/nrcs142p2_051293.docx)
Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available:
HYDROLOGY
Water-Stained Leaves (B9)
Aquatic Fauna (B13)
True Aquatic Plants (B14)
Hydrogen Sulfide Odor (C1)
Oxidized Rhizospheres on Living Roots (C3)
Presence of Reduced Iron (C4)
Recent Iron Reduction in Tilled Soils (C6)
Thin Muck Surface (C7)
Gauge or Well Data (D9)
Other (Explain in Remarks)
Surface Soil Cracks (B6)
Drainage Patterns (B10)
Stunted or Stressed Plants (D1)
Remarks:
W3-1WSOIL
Restrictive Layer (if observed):
Remarks:
Dry-Season Water Table (C2)
Crayfish Burrows (C8)
Saturation Visible on Aerial Imagery (C9)
FAC-Neutral Test (D5)
Algal Mat or Crust (B4)
Sediment Deposits (B2)
Drift Deposits (B3)
Water Marks (B1)
Iron Deposits (B5)
Inundation Visible on Aerial Imagery (B7)
(includes capillary fringe)
Geomorphic Position (D2)
No
No
No
Depth (inches):
Depth (inches):
Depth (inches):
Field Observations:
US Army Corps of Engineers Midwest Region – Version 2.0
377
Project/Site:
Applicant/Owner:State:
Investigator(s):
Landform (hillside, terrace, etc.):
Slope (%):Lat:
Soil Map Unit Name:
Are Vegetation , Soil , or Hydrology Are “Normal Circumstances” present?Yes X No
Are Vegetation , Soil , or Hydrology
SUMMARY OF FINDINGS – Attach site map showing sampling point locations, transects, important features, etc.
Yes X
Yes X Yes X
Yes X
)
1.
2.(A)
3.
4.(B)
5.
(A/B)
Sapling/Shrub Stratum
1.
2.
3.x 1 =
4.x 2 =
5.x 3 =
x 4 =
x 5 =
1.Column Totals:(A)(B)
2.
3.
4.
5.
6.
7.
8.4 - Morphological Adaptations1 (Provide supporting
9.
10.
Woody Vine Stratum
1.
2.
Yes X
=Total Cover
(Plot size:15 )
=Total Cover
Yes
10
Carex gravida 10
40
Hydrophytic
Vegetation
Present?No
Percent of Dominant Species That
Are OBL, FACW, or FAC:
No
30
Prevalence Index worksheet:
3
6
50.0%
Number of Dominant Species That
Are OBL, FACW, or FAC:
data in Remarks or on a separate sheet)
1Indicators of hydric soil and wetland hydrology must
be present, unless disturbed or problematic.
3 - Prevalence Index is ≤3.01
FACU species
UPL species
Yes
(Plot size:
5
Tree Stratum 30
Absolute
% Cover
FACW
Total % Cover of:
15 )
Are climatic / hydrologic conditions on the site typical for this time of year?
naturally problematic?(If needed, explain any answers in Remarks.)
significantly disturbed?
City/County:Orono/Hennepin Sampling Date:5/10/2021
Sunde Land Surveying MN W4-1USampling Point:
-93.560311°WGS 1984
concave
ST S30, T23N, R27WSection, Township, Range:
Local relief (concave, convex, none):
0-1 Long:44.968781°Datum:
Remarks:
Lester loam NWI classification: PEM1C
Yes X No (If no, explain in Remarks.)
Remarks: (Include photo numbers here or on a separate sheet.)
=Total Cover
Yes
20
Indicator
Status
Dominant
Species?
(Plot size:
FAC
FACU
Alliaria petiolata
10Solidago canadensis FACU
Rhamnus cathartica
)
FACU
FAC
Yes
Glechoma hederacea 10
Yes
10
Herb Stratum 5
10
Problematic Hydrophytic Vegetation1 (Explain)
OBL species
FACW species
FAC species
Hydrophytic Vegetation Indicators:
0
190
0
55
depressional
2 - Dominance Test is >50%
Yes
60
=Total Cover
1 - Rapid Test for Hydrophytic Vegetation
120
3.45Prevalence Index = B/A =
0
Multiply by:
10
(Plot size:
5
0
5
WETLAND DETERMINATION DATA FORM – Midwest Region
485 Orono Orchard Rd. S.
Total Number of Dominant Species
Across All Strata:
Dominance Test worksheet:
No
No
No
VEGETATION – Use scientific names of plants.
Is the Sampled Area
within a Wetland?
Fraxinus pennsylvanica
Hydrophytic Vegetation Present?
Hydric Soil Present?
Wetland Hydrology Present?
US Army Corps of Engineers Midwest Region – Version 2.0
378
Sampling Point:
%%Type1 Loc2
100
100
100
Type:
Depth (inches):Hydric Soil Present?Yes No X
Primary Indicators (minimum of one is required; check all that apply)
Sparsely Vegetated Concave Surface (B8)
Surface Water Present?Yes X
Water Table Present?Yes X
Saturation Present?Yes X Wetland Hydrology Present?Yes No X
Geomorphic Position (D2)
No
No
No
Depth (inches):
Depth (inches):
Depth (inches):
Field Observations:
W4-1USOIL
Restrictive Layer (if observed):
Remarks:
Dry-Season Water Table (C2)
Crayfish Burrows (C8)
Saturation Visible on Aerial Imagery (C9)
FAC-Neutral Test (D5)
Algal Mat or Crust (B4)
Sediment Deposits (B2)
Drift Deposits (B3)
Water Marks (B1)
Iron Deposits (B5)
Inundation Visible on Aerial Imagery (B7)
(includes capillary fringe)
5 cm Mucky Peat or Peat (S3)
This data form is revised from Midwest Regional Supplement Version 2.0 to include the NRCS Field Indicators of Hydric Soils, Version 7.0, 2015
Errata. (http://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/nrcs142p2_051293.docx)
Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available:
HYDROLOGY
Water-Stained Leaves (B9)
Aquatic Fauna (B13)
True Aquatic Plants (B14)
Hydrogen Sulfide Odor (C1)
Oxidized Rhizospheres on Living Roots (C3)
Presence of Reduced Iron (C4)
Recent Iron Reduction in Tilled Soils (C6)
Thin Muck Surface (C7)
Gauge or Well Data (D9)
Other (Explain in Remarks)
Surface Soil Cracks (B6)
Drainage Patterns (B10)
Stunted or Stressed Plants (D1)
Remarks:
Surface Water (A1)
High Water Table (A2)
Saturation (A3)
Wetland Hydrology Indicators:
Secondary Indicators (minimum of two required)
unless disturbed or problematic.
wetland hydrology must be present,
0-8 Loamy/Clayey
1Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains.2Location: PL=Pore Lining, M=Matrix.
Hydric Soil Indicators:Indicators for Problematic Hydric Soils3:
Coast Prairie Redox (A16)
Iron-Manganese Masses (F12)
Red Parent Material (F21)
Very Shallow Dark Surface (F22)
Other (Explain in Remarks)
Sandy Mucky Mineral (S1)
Sandy Gleyed Matrix (S4)
Sandy Redox (S5)
Hydrogen Sulfide (A4)
Stratified Layers (A5)
2 cm Muck (A10)
Depleted Below Dark Surface (A11)
Thick Dark Surface (A12)
Depleted Matrix (F3)
Redox Dark Surface (F6)
Depleted Dark Surface (F7)
Redox Depressions (F8)
3Indicators of hydrophytic vegetation and
Matrix
Texture Remarks
8-15
Color (moist)
Histosol (A1)
Loamy Gleyed Matrix (F2)
Histic Epipedon (A2)
Black Histic (A3)Stripped Matrix (S6)
Loamy Mucky Mineral (F1)
Dark Surface (S7)
15-18 10YR 4/1
Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.)
Redox FeaturesDepth
(inches)Color (moist)
10YR 3/1
10YR 2/1
Loamy/Clayey
Loamy/Clayey
US Army Corps of Engineers Midwest Region – Version 2.0
379
Project/Site:
Applicant/Owner:State:
Investigator(s):
Landform (hillside, terrace, etc.):
Slope (%):Lat:
Soil Map Unit Name:
X
Are Vegetation , Soil , or Hydrology Are “Normal Circumstances” present?Yes X No
Are Vegetation , Soil , or Hydrology
SUMMARY OF FINDINGS – Attach site map showing sampling point locations, transects, important features, etc.
Yes X
Yes X Yes X
Yes X
)
1.
2.(A)
3.
4.(B)
5.
(A/B)
Sapling/Shrub Stratum
1.
2.
3.x 1 =
4.x 2 =
5.x 3 =
x 4 =
x 5 =
1.Column Totals:(A)(B)
2.
3.
4.
5.
6.X
7.X
8.4 - Morphological Adaptations1 (Provide supporting
9.
10.
Woody Vine Stratum
1.
2.
Yes X
=Total Cover
(Plot size:15 )
=Total Cover
No
20
Carex lacustris 20
90
Hydrophytic
Vegetation
Present?No
Percent of Dominant Species That
Are OBL, FACW, or FAC:
No
0
Prevalence Index worksheet:
4
4
100.0%
Number of Dominant Species That
Are OBL, FACW, or FAC:
data in Remarks or on a separate sheet)
1Indicators of hydric soil and wetland hydrology must
be present, unless disturbed or problematic.
3 - Prevalence Index is ≤3.01
FACU species
UPL species
Yes
(Plot size:
10
Tree Stratum 30
Absolute
% Cover
FACW
Total % Cover of:
15 )
NWI classification:
Yes NoAre climatic / hydrologic conditions on the site typical for this time of year?(If no, explain in Remarks.)
naturally problematic?(If needed, explain any answers in Remarks.)
significantly disturbed?
City/County:Orono/Hennepin Sampling Date:5/10/2021
Sunde Land Surveying MN W4-1WSampling Point:
-93.560311°WGS 1984
concave
ST S30, T23N, R27WSection, Township, Range:
Local relief (concave, convex, none):
0-1 Long:44.968781°Datum:
Remarks:
Lester loam PEM1C
Remarks: (Include photo numbers here or on a separate sheet.)
=Total Cover
Yes
20
Indicator
Status
Dominant
Species?
(Plot size:
OBL
Alliaria petiolata
10Solidago gigantea FACW
)
FACW
FAC
Phalaris arundinacea 40
Yes
Herb Stratum 5
Problematic Hydrophytic Vegetation1 (Explain)
OBL species
FACW species
FAC species
Hydrophytic Vegetation Indicators:
0
200
0
100
depressional
2 - Dominance Test is >50%
Yes
60
=Total Cover
1 - Rapid Test for Hydrophytic Vegetation
0
2.00Prevalence Index = B/A =
20
Multiply by:
120
(Plot size:
10
20
60
WETLAND DETERMINATION DATA FORM – Midwest Region
485 Orono Orchard Rd. S.
Total Number of Dominant Species
Across All Strata:
Dominance Test worksheet:
No
No
No
VEGETATION – Use scientific names of plants.
Is the Sampled Area
within a Wetland?
Fraxinus pennsylvanica
Hydrophytic Vegetation Present?
Hydric Soil Present?
Wetland Hydrology Present?
US Army Corps of Engineers Midwest Region – Version 2.0
380
Sampling Point:
%%Type1 Loc2
100
95 5 C PL/M
?
X
Type:
Depth (inches):Hydric Soil Present?Yes X No
Primary Indicators (minimum of one is required; check all that apply)
X
X
X
Sparsely Vegetated Concave Surface (B8)
Surface Water Present?Yes X
Water Table Present?Yes X
Saturation Present?Yes X Wetland Hydrology Present?Yes X No
Geomorphic Position (D2)
No
No
No
Depth (inches):
Depth (inches):
Depth (inches):
Field Observations:
W4-1WSOIL
Restrictive Layer (if observed):
Remarks:
Standing water near sampling point in deeper portion of wetland area.
Dry-Season Water Table (C2)
Crayfish Burrows (C8)
Saturation Visible on Aerial Imagery (C9)
FAC-Neutral Test (D5)
Algal Mat or Crust (B4)
Sediment Deposits (B2)
Drift Deposits (B3)
Water Marks (B1)
Iron Deposits (B5)
Inundation Visible on Aerial Imagery (B7)
(includes capillary fringe)
5 cm Mucky Peat or Peat (S3)
This data form is revised from Midwest Regional Supplement Version 2.0 to include the NRCS Field Indicators of Hydric Soils, Version 7.0, 2015
Errata. (http://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/nrcs142p2_051293.docx)
Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available:
HYDROLOGY
Water-Stained Leaves (B9)
Aquatic Fauna (B13)
True Aquatic Plants (B14)
Hydrogen Sulfide Odor (C1)
Oxidized Rhizospheres on Living Roots (C3)
Presence of Reduced Iron (C4)
Recent Iron Reduction in Tilled Soils (C6)
Thin Muck Surface (C7)
Gauge or Well Data (D9)
Other (Explain in Remarks)
Surface Soil Cracks (B6)
Drainage Patterns (B10)
Stunted or Stressed Plants (D1)
Remarks:
Surface Water (A1)
High Water Table (A2)
Saturation (A3)
Wetland Hydrology Indicators:
Secondary Indicators (minimum of two required)
unless disturbed or problematic.
wetland hydrology must be present,
10YR 4/6 Prominent redox concentrations
0-6 Loamy/Clayey
1Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains.2Location: PL=Pore Lining, M=Matrix.
Hydric Soil Indicators:Indicators for Problematic Hydric Soils3:
Coast Prairie Redox (A16)
Iron-Manganese Masses (F12)
Red Parent Material (F21)
Very Shallow Dark Surface (F22)
Other (Explain in Remarks)
Sandy Mucky Mineral (S1)
Sandy Gleyed Matrix (S4)
Sandy Redox (S5)
Hydrogen Sulfide (A4)
Stratified Layers (A5)
2 cm Muck (A10)
Depleted Below Dark Surface (A11)
Thick Dark Surface (A12)
Depleted Matrix (F3)
Redox Dark Surface (F6)
Depleted Dark Surface (F7)
Redox Depressions (F8)
3Indicators of hydrophytic vegetation and
Matrix
Texture Remarks
6-12
Color (moist)
Histosol (A1)
Loamy Gleyed Matrix (F2)
Histic Epipedon (A2)
Black Histic (A3)Stripped Matrix (S6)
Loamy Mucky Mineral (F1)
Dark Surface (S7)
Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.)
Redox FeaturesDepth
(inches)Color (moist)
10YR 3/1
10YR 2/1
Loamy/Clayey
US Army Corps of Engineers Midwest Region – Version 2.0
381
Project/Site:
Applicant/Owner:State:
Investigator(s):
Landform (hillside, terrace, etc.):
Slope (%):Lat:
Soil Map Unit Name:
Are Vegetation , Soil , or Hydrology Are “Normal Circumstances” present?Yes X No
Are Vegetation , Soil , or Hydrology
SUMMARY OF FINDINGS – Attach site map showing sampling point locations, transects, important features, etc.
Yes X
Yes X Yes X
Yes X
)
1.
2.(A)
3.
4.(B)
5.
(A/B)
Sapling/Shrub Stratum
1.
2.
3.x 1 =
4.x 2 =
5.x 3 =
x 4 =
x 5 =
1.Column Totals:(A)(B)
2.
3.
4.
5.
6.
7.
8.4 - Morphological Adaptations1 (Provide supporting
9.
10.
Woody Vine Stratum
1.
2.
Yes X
=Total Cover
(Plot size:15 )
=Total Cover
Yes
10
30
Hydrophytic
Vegetation
Present?No
Percent of Dominant Species That
Are OBL, FACW, or FAC:
No
30
Prevalence Index worksheet:
1
6
16.7%
Number of Dominant Species That
Are OBL, FACW, or FAC:
data in Remarks or on a separate sheet)
1Indicators of hydric soil and wetland hydrology must
be present, unless disturbed or problematic.
3 - Prevalence Index is ≤3.01
FACU species
UPL species
Yes
FACU
(Plot size:
10
Tree Stratum
Yes
30
10
Absolute
% Cover
UPL
Total % Cover of:
15 )
Are climatic / hydrologic conditions on the site typical for this time of year?
naturally problematic?(If needed, explain any answers in Remarks.)
significantly disturbed?
City/County:Orono/Hennepin Sampling Date:5/10/2021
Sunde Land Surveying MN W5-1USampling Point:
-93.560311°WGS 1984
concave
ST S30, T23N, R27WSection, Township, Range:
Local relief (concave, convex, none):
0-1 Long:44.968781°Datum:
Remarks:
Udorthents, wet substratum NWI classification: PEM1C
Yes X No (If no, explain in Remarks.)
Remarks: (Include photo numbers here or on a separate sheet.)
=Total Cover
Yes
20
Indicator
Status
Dominant
Species?
(Plot size:
FAC
Carex gravida
10Carex pensylvanica UPL
Rhamnus cathartica
)
FACU
FACU
Yes
Glechoma hederacea 10
20
Herb Stratum 5
20
Problematic Hydrophytic Vegetation1 (Explain)
OBL species
FACW species
FAC species
Hydrophytic Vegetation Indicators:
100
280
20
70
depressional
2 - Dominance Test is >50%
Yes
60
=Total Cover
1 - Rapid Test for Hydrophytic Vegetation
120
4.00Prevalence Index = B/A =
0
Multiply by:
0
(Plot size:
20
0
0
WETLAND DETERMINATION DATA FORM – Midwest Region
485 Orono Orchard Rd. S.
Tilia americana
Total Number of Dominant Species
Across All Strata:
Dominance Test worksheet:
No
No
No
VEGETATION – Use scientific names of plants.
Is the Sampled Area
within a Wetland?
Ulmus pumila
Hydrophytic Vegetation Present?
Hydric Soil Present?
Wetland Hydrology Present?
US Army Corps of Engineers Midwest Region – Version 2.0
382
Sampling Point:
%%Type1 Loc2
100
100
95 5 C M
Type:
Depth (inches):Hydric Soil Present?Yes No X
Primary Indicators (minimum of one is required; check all that apply)
Sparsely Vegetated Concave Surface (B8)
Surface Water Present?Yes X
Water Table Present?Yes X
Saturation Present?Yes X Wetland Hydrology Present?Yes No X
Geomorphic Position (D2)
No
No
No
Depth (inches):
Depth (inches):
Depth (inches):
Field Observations:
W5-1USOIL
Restrictive Layer (if observed):
Remarks:
Standing water near sampling point in deeper portion of wetland area.
Dry-Season Water Table (C2)
Crayfish Burrows (C8)
Saturation Visible on Aerial Imagery (C9)
FAC-Neutral Test (D5)
Algal Mat or Crust (B4)
Sediment Deposits (B2)
Drift Deposits (B3)
Water Marks (B1)
Iron Deposits (B5)
Inundation Visible on Aerial Imagery (B7)
(includes capillary fringe)
5 cm Mucky Peat or Peat (S3)
This data form is revised from Midwest Regional Supplement Version 2.0 to include the NRCS Field Indicators of Hydric Soils, Version 7.0, 2015
Errata. (http://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/nrcs142p2_051293.docx)
Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available:
HYDROLOGY
Water-Stained Leaves (B9)
Aquatic Fauna (B13)
True Aquatic Plants (B14)
Hydrogen Sulfide Odor (C1)
Oxidized Rhizospheres on Living Roots (C3)
Presence of Reduced Iron (C4)
Recent Iron Reduction in Tilled Soils (C6)
Thin Muck Surface (C7)
Gauge or Well Data (D9)
Other (Explain in Remarks)
Surface Soil Cracks (B6)
Drainage Patterns (B10)
Stunted or Stressed Plants (D1)
Remarks:
Surface Water (A1)
High Water Table (A2)
Saturation (A3)
Wetland Hydrology Indicators:
Secondary Indicators (minimum of two required)
unless disturbed or problematic.
wetland hydrology must be present,
Prominent redox concentrations
0-8 Loamy/Clayey
1Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains.2Location: PL=Pore Lining, M=Matrix.
Hydric Soil Indicators:Indicators for Problematic Hydric Soils3:
Coast Prairie Redox (A16)
Iron-Manganese Masses (F12)
Red Parent Material (F21)
Very Shallow Dark Surface (F22)
Other (Explain in Remarks)
Sandy Mucky Mineral (S1)
Sandy Gleyed Matrix (S4)
Sandy Redox (S5)
Hydrogen Sulfide (A4)
Stratified Layers (A5)
2 cm Muck (A10)
Depleted Below Dark Surface (A11)
Thick Dark Surface (A12)
Depleted Matrix (F3)
Redox Dark Surface (F6)
Depleted Dark Surface (F7)
Redox Depressions (F8)
3Indicators of hydrophytic vegetation and
Matrix
Texture Remarks
8-16
Color (moist)
5YR 4/6
Histosol (A1)
Loamy Gleyed Matrix (F2)
Histic Epipedon (A2)
Black Histic (A3)Stripped Matrix (S6)
Loamy Mucky Mineral (F1)
Dark Surface (S7)
16-20 10YR 4/1
Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.)
Redox FeaturesDepth
(inches)Color (moist)
10YR 4/1
10YR 2/1
Loamy/Clayey
Loamy/Clayey
US Army Corps of Engineers Midwest Region – Version 2.0
383
Project/Site:
Applicant/Owner:State:
Investigator(s):
Landform (hillside, terrace, etc.):
Slope (%):Lat:
Soil Map Unit Name:
Are Vegetation , Soil , or Hydrology Are “Normal Circumstances” present?Yes X No
Are Vegetation , Soil , or Hydrology
SUMMARY OF FINDINGS – Attach site map showing sampling point locations, transects, important features, etc.
Yes X
Yes X Yes X
Yes X
)
1.
2.(A)
3.
4.(B)
5.
(A/B)
Sapling/Shrub Stratum
1.
2.
3.x 1 =
4.x 2 =
5.x 3 =
x 4 =
x 5 =
1.Column Totals:(A)(B)
2.
3.
4.
5.
6.X
7.X
8.4 - Morphological Adaptations1 (Provide supporting
9.
10.
Woody Vine Stratum
1.
2.
Yes X
WETLAND DETERMINATION DATA FORM – Midwest Region
485 Orono Orchard Rd. S.
Total Number of Dominant Species
Across All Strata:
Dominance Test worksheet:
No
No
No
VEGETATION – Use scientific names of plants.
Is the Sampled Area
within a Wetland?
Tilia americana
Hydrophytic Vegetation Present?
Hydric Soil Present?
Wetland Hydrology Present?
depressional
2 - Dominance Test is >50%
Yes
15
=Total Cover
1 - Rapid Test for Hydrophytic Vegetation
20
1.75Prevalence Index = B/A =
30
Multiply by:
40
(Plot size:
5
30
20
5
Problematic Hydrophytic Vegetation1 (Explain)
OBL species
FACW species
FAC species
Hydrophytic Vegetation Indicators:
0
105
0
60OBL
FACW
Yes
Carex lacustris 30
5
Herb Stratum 5(Plot size:
FAC
Phalaris arundinacea
Rhamnus cathartica
)
Remarks: (Include photo numbers here or on a separate sheet.)
=Total Cover
Yes
5
Indicator
Status
Dominant
Species?
City/County:Orono/Hennepin Sampling Date:5/10/2021
Sunde Land Surveying MN W5-1WSampling Point:
-93.560311°WGS 1984
concave
ST S30, T23N, R27WSection, Township, Range:
Local relief (concave, convex, none):
0-1 Long:44.968781°Datum:
Remarks:
Udorthents, wet substratum
Are climatic / hydrologic conditions on the site typical for this time of year?
NWI classification: PEM1C
Yes X No (If no, explain in Remarks.)
naturally problematic?(If needed, explain any answers in Remarks.)
significantly disturbed?
UPL species
Yes
(Plot size:
5
Tree Stratum 30
Absolute
% Cover
FACU
Total % Cover of:
15 )
50
Hydrophytic
Vegetation
Present?No
Percent of Dominant Species That
Are OBL, FACW, or FAC:
No
5
Prevalence Index worksheet:
3
4
75.0%
Number of Dominant Species That
Are OBL, FACW, or FAC:
data in Remarks or on a separate sheet)
1Indicators of hydric soil and wetland hydrology must
be present, unless disturbed or problematic.
3 - Prevalence Index is ≤3.01
FACU species
=Total Cover
(Plot size:15 )
=Total Cover
20
US Army Corps of Engineers Midwest Region – Version 2.0
384
Sampling Point:
%%Type1 Loc2
100
100
95 5 C M
X
Type:
Depth (inches):Hydric Soil Present?Yes X No
Primary Indicators (minimum of one is required; check all that apply)
X
X
X
Sparsely Vegetated Concave Surface (B8)
Surface Water Present?Yes X
Water Table Present?Yes X
Saturation Present?Yes X Wetland Hydrology Present?Yes X No
8-16 10YR 4/1
Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.)
Redox FeaturesDepth
(inches)Color (moist)
10YR 4/1
10YR 2/1
Loamy/Clayey
Loamy/Clayey
Loamy Gleyed Matrix (F2)
Histic Epipedon (A2)
Black Histic (A3)Stripped Matrix (S6)
Loamy Mucky Mineral (F1)
Dark Surface (S7)
3Indicators of hydrophytic vegetation and
Matrix
Texture Remarks
4-8
Color (moist)
5YR 4/6
Histosol (A1)
1Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains.2Location: PL=Pore Lining, M=Matrix.
Hydric Soil Indicators:Indicators for Problematic Hydric Soils3:
Coast Prairie Redox (A16)
Iron-Manganese Masses (F12)
Red Parent Material (F21)
Very Shallow Dark Surface (F22)
Other (Explain in Remarks)
Sandy Mucky Mineral (S1)
Sandy Gleyed Matrix (S4)
Sandy Redox (S5)
Hydrogen Sulfide (A4)
Stratified Layers (A5)
2 cm Muck (A10)
Depleted Below Dark Surface (A11)
Thick Dark Surface (A12)
Depleted Matrix (F3)
Redox Dark Surface (F6)
Depleted Dark Surface (F7)
Redox Depressions (F8)
Surface Water (A1)
High Water Table (A2)
Saturation (A3)
Wetland Hydrology Indicators:
Secondary Indicators (minimum of two required)
unless disturbed or problematic.
wetland hydrology must be present,
Prominent redox concentrations
0-4 Loamy/Clayey
5 cm Mucky Peat or Peat (S3)
This data form is revised from Midwest Regional Supplement Version 2.0 to include the NRCS Field Indicators of Hydric Soils, Version 7.0, 2015
Errata. (http://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/nrcs142p2_051293.docx)
Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available:
HYDROLOGY
Water-Stained Leaves (B9)
Aquatic Fauna (B13)
True Aquatic Plants (B14)
Hydrogen Sulfide Odor (C1)
Oxidized Rhizospheres on Living Roots (C3)
Presence of Reduced Iron (C4)
Recent Iron Reduction in Tilled Soils (C6)
Thin Muck Surface (C7)
Gauge or Well Data (D9)
Other (Explain in Remarks)
Surface Soil Cracks (B6)
Drainage Patterns (B10)
Stunted or Stressed Plants (D1)
Remarks:
W5-1WSOIL
Restrictive Layer (if observed):
Remarks:
Standing water near sampling point in deeper portion of wetland area.
Dry-Season Water Table (C2)
Crayfish Burrows (C8)
Saturation Visible on Aerial Imagery (C9)
FAC-Neutral Test (D5)
Algal Mat or Crust (B4)
Sediment Deposits (B2)
Drift Deposits (B3)
Water Marks (B1)
Iron Deposits (B5)
Inundation Visible on Aerial Imagery (B7)
(includes capillary fringe)
Geomorphic Position (D2)
9
No
No
No
Depth (inches):
Depth (inches):
Depth (inches):
Field Observations:
US Army Corps of Engineers Midwest Region – Version 2.0
385
APPENDIX B
Wetland Boundary Application
386
Project Name and/or Number:
PART ONE: Applicant Information
If 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: Sunde Land Surveying
Mailing Address: 9001 E. Bloomington Frwy., Suite 118, Bloomington, MN 55420
Phone: 952-886-3118
E-mail Address: Arlee.Carlson@sunde.com
Authorized Contact (do not complete if same as above): Pinnacle Engineering, Inc.
Mailing Address: 11541 95th Avenue North, Maple Grove, MN 55369
Phone: 612-432-5590
E-mail Address: sthelen@pineng.com
Agent Name: Scott Thelen
Mailing Address: 11541 95th Avenue North, Maple Grove, MN 55369
Phone: 612.432.5590
E-mail Address: sthelen@pineng.com
PART TWO: Site Location Information
County: Hennepin County City/Township: Orono
Parcel ID and/or Address: 0211723320001 and 0211723330015
Legal Description (Section, Township, Range): Sec30, T23N, R27W
Lat/Long (decimal degrees): Lat: 44.968781°, Long: -93.5603119°
Attach a map showing the location of the site in relation to local streets, roads, highways.
Approximate size of site (acres) or if a linear project, length (feet): 22.6 - acre
If 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/RegulatoryDocs/engform_4345_2012oct.pdf
PART THREE: General Project/Site Information
If this application is related to a delineation approval, exemption determination, jurisdictional determination, or other
correspondence submitted prior 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
showing the location, character, and dimensions of all proposed activities and aquatic resource impacts.
Potential grounds improvement project.
387
Project Name and/or Number:
PART FOUR: Aquatic Resource Impact1 Summary
If 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
ID (as noted on
overhead view)
Aquatic
Resource Type
(wetland, lake,
tributary etc.)
Type of Impact
(fill, excavate,
drain, or
remove
vegetation)
Duration of
Impact
Permanent (P)
or Temporary
(T)1
Size of Impact2
Overall Size of
Aquatic
Resource 3
Existing Plant
Community
Type(s) in
Impact Area4
County, Major
Watershed #,
and Bank
Service Area #
of Impact Area5
1If 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 would be entered “T (220)”.
2Impacts 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 impact 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 only applicable if you are applying for a de minimis exemption under MN Rules 8420.0420 Subp. 8, otherwise enter “N/A”.
4Use Wetland Plants and Plant Community Types of Minnesota and Wisconsin 3rd Ed. as modified in MN Rules 8420.0405 Subp. 2.
5Refer to Major Watershed and Bank Service Area maps in MN Rules 8420.0522 Subp. 7.
If any of the above identified impacts have already occurred, identify which impacts they are, and the circumstances associated
with each:
PART FIVE: Applicant Signature
Check here if you are requesting a pre-application 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.
Signature: Date: May 24, 2021
I hereby authorize to act on my behalf as my agent in the processing of this application and to furnish, upon request,
supplemental information in support of this application.
1 The term “impact” as used in this joint application form is a generic term used for disclosure purposes to identify
activities that may require approval from one or more regulatory agencies. For purposes of this form it is not meant to
indicate whether or not those activities may require mitigation/replacement.
388
Project Name and/or Number:
Attachment A
Request for Delineation Review, Wetland Type Determination, or
Jurisdictional Determination
By submission of the enclosed wetland delineation report, I am requesting that the U.S. Army Corps of Engineers, St. Paul District
(Corps) and/or the Wetland Conservation Act Local Government Unit (LGU) provide me with the following (check all that apply):
Wetland Type Confirmation
Delineation Concurrence. Concurrence with a delineation is a written notification from the Corps and a decision from the LGU
concurring, not concurring, or commenting on the boundaries of the aquatic resources delineated on the property. Delineation
concurrences are generally valid for five years unless site conditions change. Under this request alone, the Corps will not address
the jurisdictional status of the aquatic resources on the property, only the boundaries of the resources within the review area
(including wetlands, tributaries, lakes, etc.).
Preliminary Jurisdictional Determination. A preliminary jurisdictional determination (PJD) is a non-binding written indication
from the Corps that waters, including wetlands, identified on a parcel may be waters of the United States. For purposes of
computation of impacts and compensatory mitigation requirements, a permit decision made on the basis of a PJD will treat all
waters and wetlands in the review area as if they are jurisdictional waters of the U.S. PJDs are advisory in nature and may not be
appealed.
Approved Jurisdictional Determination. An approved jurisdictional determination (AJD) is an official Corps determination that
jurisdictional waters of the United States are either present or absent on the property. AJDs can generally be relied upon by the
affected party for five years. An AJD may be appealed through the Corps administrative appeal process.
In order for the Corps and LGU to process your request, the wetland delineation must be prepared in accordance with the 1987
Corps of Engineers Wetland Delineation Manual, any approved Regional Supplements to the 1987 Manual, and the Guidelines for
Submitting Wetland Delineations in Minnesota (2013).
http://www.mvp.usace.army.mil/Missions/Regulatory/DelineationJDGuidance.aspx
389
APPENDIX C
Wetland Photographs
390
View of Wetland 1 from northern edge looking southwest.
View of Wetland 1 from northern edge looking south.
391
View of Wetland 2 near southeastern edge looking northwest.
View of Wetland 2 near northwestern edge looking southeast.
392
View of Wetland 3 from southwestern edge looking northeast.
View of Wetland 3 from southeastern edge looking northwest.
393
View of Wetland 4 from southwestern edge of basin looking north.
View of Wetland 4 from southwestern edge looking northeast.
394
View of Wetland 5 from northeastern edge of basin.
View of Wetland 5 from eastern edge looking west.
395
396
397
398
Facing South on Orono Orchard Road (just north of the driveway to 360 Orono Orchard S)
399
Facing north-west on Orono Orchard Road into the entrance gate.
400
Facing north at Orono Orchard Road / Dickenson Avenue intersection
401
Looking north on Orono Orchard Road – near Fox intersection
402
Facing north on Orono Orchard Road at Fox Street intersection
403
Facing north on Orono Orchard Road just south of Fox Street intersection
404
Intersection of Orono Orchard Road and Fox Street. Looking west on Fox Street
405
Facing West on Fox Street at the intersection of the private drive (north and south) serving the Hamm Property.
406
Facing south on Orono Orchard Road at Fox Street intersection (towards Shoreline)
407
Facing south on Orono Orchard Rd approaching Dakota Rail Trail and Shoreline
408
Januar2y0,05
a D
m
Corridor Enclosure
Open:
- long views
• undefined edge
Variable:
• edge undulates
• use/screening
variety
Edged:
• generally solid wall
of vegetation
· views focused down road
Tunneled:
• strongest sense of enclosure
Adjacent Uses
Natural Area /
Lake
* Lan dm ar k
Un iq u e .
characte r -giving
spo t
Pastoral /
Agricultural
Institutional /
Recreational
Q Residential
Comm ercial I
Indust rial
Key view
terminus
pos itive nd description
Key view
ne gative
ORONO Rnral Oasis Corridor Analysis: general character
H: Fox Street (Leaf Street to Orono Orchard.
CPA Figure 4
G
409
Watertown Road undulates both up and down through this moderately trafficked corridor,
allowing for key rural views of a varied landscape of pastures, small single family homes, and
woods. There are several negative views along the corridor where edged enclosure gives way to
varied or open enclosure. These views include unscreened residential east of Leaf Street to the
north of Watertown Road and residential areas with visible parking lots between CR6 and the
city's western boundary. Screening techniques and zoning standards discussed in Case Study #1
can be used to remedy such views. In the context of the Watertown Road corridor it is important
to note the value of edged enclosure for maintaining rural character and positive views. The
existence of edged enclosure along key places of road mitigates the visual impacts of
development on the rural character of the area. These instances occur around the intersections of
Leaf Street and Watertown Road and Willow Drive and Watertown Road, where residential
land uses are prevalent.
Threats to such edged enclosure include the degradation of quality and the removal of vegetative
buffering along roadsides. These impacts can be seen in areas where the edged enclosure along
Watertown Road give way to the more spotted vegetation associated with varied or open
enclosures (i.e., between Willow Drive and Leaf Street). Promoting preservation and
enhancement of roadside vegetative buffers will help maintain the rural character contributed by
edged enclosure. Corridor guidelines could be implemented to ensure that development adjacent
to roadsides will maintain and preserve these buffers.
Case Study #3: Fox Street - Tunneled Enclosure
Fox Street, between Leaf Street and Orono Orchard Road, has predominantly tunneled enclosure
(See CPA Figure 1, Corridor H). CPA Figure 4 depicts the street's rural residential feel and
indicates the consultant's analysis of its attributes.
Though development along the corridor consists of a variety of housing types, the forested road
edge screens these views and creates an enclosed, narrow corridor. Attributes associated with
positive views such as wetlands and landmarks are visible through the tunneled edges around the
intersections of Willow Drive and Fox Street and Brown Road South and Fox Street where there
are wetlands, and at the intersection of Old Crystal Bay Road and Fox Street where there is an
old church. The rural residential feel of the Fox Street corridor is susceptible to the same threats
edged enclosure. If the roadside vegetation is removed, the tunnel enclosure will be lost and
negative views of non-rural land uses would appear. Prevention measures, similar to those
described in Case Study #2, could be implemented to preserve and enhance the vegetative
buffers associated with tunnel enclosure.
Case Study #4: North Shore Drive — Varied Enclosure
From County Road 15 to the Noerenberg Channel, the North Shore Drive corridor alternates
between open to edged to tunneled and varied enclosures. Its enclosure is predominantly varied.
The images and graphics on CPA Figure 5 depict this changing landscape and highlight its rural
attributes.
City of Orono DSU, Inc
Draft CPA 10 August, 2005
410
O
O 4V)CITY of ORONO
wti RESOLUTION OF THE CITY COUNCIL
kESH04 NO
A RESOLUTION GRANTING APPROVAL
FOR SEWER CONNECTION FOR
PROPERTY LOCATED AT
465-485 ORONO ORCHARD ROAD SOUTH
WHEREAS, Edward Hamm (hereinafter "applicant") is the owner of property in
the City of Orono located at 465-485 Orono Orchard Road (hereinafter "the property") legally
described as follows:
Exhibit A attached; and
WHEREAS,the property is approximately 18 acres in area and contains a principal
residence structure containing 8 bedrooms and two individual guest house or caretaker house
structures each containing 1 bedroom,which would normally require 3 individual septic systems and
3 alternate drainfield sites; and
WHEREAS, the existing septic systems serving the 3 dwelling units are
interconnected and have exhibited intermittent failure for many years, and are also nonconforming
due to lack of 3' separation from the zone of seasonal saturation; and
WHEREAS,a site evaluation has been completed by a licensed Site Evaluator and
it has been determined that the property contains only two suitable drainfield sites instead of the six
that would normally be required,and use of such sites would have the following negative impacts:
1.Use of the tested sites would require continued interconnection of septic systems
serving three individual dwellings, and the associated complexities and problems
inherent in such interconnections.
2.Use of the suitable primary septic site would require the removal of at least three
mature pine trees and jeapordize other trees in the area; use of the alternate site would
similarly result in the removal of younger trees which provide screening and would
similarly jeapordize mature trees in the immediate area.
Page 1 of 4
411
s
i4o
Iv ,,
00
t CITY of ORONO
i
A tr,,,,,_,, , 44
4 i;^I f0A 5., RESOLUTION OF THE CITY COUNCIL
9kzsuO - NO. 4 ;r
3.Both tested sites would place a drainfield less than the City minimum requirement
of 75' from the existing well.
4.The heavy clay soils on the site tend to create a somewhat higher risk of system
failure than other soil types, posing a potential threat to public health, safety and
welfare.
5.If the system failed, it would impact 3 separate dwellings,not just one; and
WHEREAS, the property is adjacent to the existing MUSA and is near existing
municipal sewer lines which can feasibly be extended to serve the property; and
WHEREAS,the property substantially meets the criteria established by the City for
use of the 50'floating'sewer units approved by the Metropolitan Council for properties outside the
MUSA boundary; and
WHEREAS, the applicant has indicated he will pay all costs associated with
extension of the existing municipal sewer, connection charges, etc. and will agree to permanently
limiting development of the 18-acre site to just 3 dwelling units,via deed covenants or other suitable
instruments; and
WHEREAS,the Council fmds that permanently limiting development of this 18-acre
parcel to 3 dwelling units would be in keeping with the City's rural low-density philosophy as
detailed in the Orono Community Management Plan, and would provide an ultimate level of
development that is suitable for the site given the various site development constraints including
wetlands, steep slopes, etc.; and
WHEREAS,the Council finds that, in combination,the factors and findings noted
above establish that this is a unique situation as compared to others, and that there is a substantial
basis to allow approval of the sewer connection subject to appropriate conditions.
Page 2 of 4
412
7
O 4
O , O
t
tw-CITY of ORONO
ii.
i
I12i
G~ RESOLUTION OF THE CITY COUNCIL
s.„,.._
49kES8OV*NO.
NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono,
Minnesota does hereby approve extension of municipal sewer to the property at 465-485 Orono
Orchard Road subject to the following conditions:
1.Applicant shall pay all actual costs associated with extension of a municipal sewer
line to the property boundary, upon billing of said costs to the applicant. The
extension of municipal lines shall be completed by a contractor hired by the City
based on a design to be completed by the City Engineer.
2.Additionally,applicant shall pay a connection charge for each of the three dwelling
units based on the current connection charge for the 1980-1 Minnetonka Bluffs
project, an amount equal to 3 x$10,930 per the current City fee schedule or a total
of$32,790. The connection charge shall be due prior to issuance of a connection
permit for each dwelling unit.
3.Additionally, 3 Sewer Availability Charge (SAC) units will be due at the time of
issuance of a connection permit for each dwelling unit.
4.Applicant shall execute a deed covenant in a form acceptable to the City Attorney that
permanently limits development of the property for residential uses to no more than
three (3) dwelling units. The three existing dwelling units may be replaced if
applicant chooses to do so, subject to all appropriate permits; and nothing in this
approval shall prohibit the applicant from developing the property into three
individual lots each containing one dwelling unit.
5.Applicant shall formally apply for and obtain a Guest House conditional use permit
CUP)for the two guest/caretaker units on the property,prior to connection of said
units to the municipal sewer.
6.The undersigned applicant has read,understood and hereby agrees to the terms of this
resolution and on behalf of himself,his heirs, successors and assigns, hereby agrees
to the recording of this resolution in the chain of title of the property.
Page 3 of 4
413
p
1. ON.
O 0
l oh CITY of ORONOli ''4.-
G RESOLUTION OF THE CITY COUNCIL
9kE , pg NO. 427
SH
Adopted by the City Council of Orono, Minnesota on this 12th day of April, 1999.
ATTEST:
Linda S. Vee, City Clerk Gabrie abbour, Mayor
1)Property Owner
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this 12th day of April, 1999 by Linda S.Vee
and Gabriel Jabbour, City Clerk and Mayor respectively, of the City of orono, a Minnesota
municipal corporation, on behalf of the municipal corporation.
NOTARY PUBLIC
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
On this day of 1999 before me a Notary Public
within and for said county,personally appeared
known to me to be the person(s) described in and who executed the foregoing instrument, and
acknowledged that he(they) executed the same as his(their) free act and deed.
NOTARY PUBLIC
Page 4 of 4
414
415
416
417
418
)n
)nGsWX
GeWX
GsWX
GoWX
GeWX
GÞWX
G½WX
GoWX
GoWX
GÞWX
GVWX112
GVWX135
GVWX146
)n
GVWX110
Sp
GïWX
Cook'sBay
SpringParkBay Carman'sBay
HarrisonBay
WestArm
MaxwellBay
NorthArm
ForestLakeJenning'sBay
StubbsBay
LafayetteBay
WayzataBayTanagerLake
LakeClassen
DickeyLake
LongLake
LydiardLake
MooneyLake
CascoPoint
CrystalBay BohnsPoint
SmithBay
LakeMinnetonka
BrownsBay
BrackettsPoint
FrenchMarsh
KatrinaLake
DutchLake
LangdonLake
Density Reducedto 8 - 15 units/acre
L
o
ngLak
eCreek
PainterC r e ekMinnetonka Blvd
Williston RoadVineHillRoadLake St Extension
Highland Ave
TuxedoBlvd6thAveN
Ferndale Road NCounty Road 19 NSunsetDrHunter DrWilshi
r
e
Blvd
Star
keyRoadRutledge Road
22ndA veN
Lynwood Blvd
Commerce BlvdHighw a y 12 E6thAveN
TonkawoodRoadCountyRoad101Interstate 494HighwoodDr
CountyRoad101N
ArmDrS
h
a
dywoodRoad
Azure RoadBrownRoadNShorelineDr
H ighw ay 719 t h A ve N
Oaklan
dRo
a
d
FerndaleRoadSWoodhillRoadI nte rsta te 394
8th Ave N
NS h oreDr CrosbyRoadStoneR
oadHarborLnNRiceStE
Watertown Road G l e a s o n L a k e D rBartlettBlvdM
ee
t
ingStHighland RoadP a i n t e r R o a d
21 s t A v e N
3rdAve N
County Road 19Old Crystal Bay Road SWillow Dr NCanterburyDr
Donald
Dr
Brockton
LnNBaysideRoad
LinnerRoadDunkirk Ln NKelleyPkw yWillow Dr SCounty Road 151 Leaf StRanchview Ln NLake Ave
Daniels St
McCulleyRoadCountyRoad110NHighcroftRoad
Victoria StSparrowRoadDrake Dr
O
ro
n
o
OrchardRoadS12thA v e N
LakeStE
Is l a nd ViewDrSunnyfield Road E
Pkwy4th Ave N
Niagara Ln NTown Line RoadD e v on DrParkAve VicksburgLnNOrchardLn
SteeleStPark St E
Grand Ave
BushawayRoadCarlsonPkwyNo r t h e r n A v e
SusanL nDove LnManorRo a d
20th A v e N
Finch Ln9thA v e NOld Crystal Bay Road NOldLongLake
Ro
a
dLeroy St23rd Ave N
County Road 83Lyric Ave
Sussex DrSpring HillRoadTe m pleDr Crown Dr
E
astw oodRoad5thA veN
Fox St
Moline Road Tamarack DrDeborahDr
Farvie w Ln
C y gnetPlW Branch Road
Turner Road
S hore l i n e Dr
Wa yza ta Blvd E
W a y z a t a B l vdW
1 8 thAveN
Map Document: \\Arcserver1\GIS\ORNO\C13114814\ESRI\Maps\LandUse\ORNO_3B-3_PlannedLanduse_11x17L.mxd | Date Saved: 8/2/2021 1:31:47 PM2040 Comprehensive PlanOrono, MN Proposed Future Land UseAugust 2021
Legend
City Limits
2040 MUSA
Lakes & Ponds
Rivers & Streams
0 3,500FeetSource: Met. Council, City of O rono, He nnepin County, MnDO T
!I
Land Use Classes
Rural Preserve(1 unit / 5 acres)
RuralResidential (1unit / 2 acres)
IslandResidential
Urban EstateDensityResidential (0.5- 2 units / acre)
Urban LowDensityResidential (3 -8 units / acre)
Urban MediumDensityResidential /Mixed Use 8 -15 units / acre)
Urban MediumHigh DensityResidential (15 -20 units / acre)
Urban HighDensityResidential (20 -25 units / acre)
Commercial /Office
Industrial
Park,Recreational,and OpenSpace
Map 3B-3a
DickeysLake
GVWX112 W ayzata Blvd WWillow Dr NKelley PkwyOld Crystal Bay Road NWillowViewDr
BrownRoadNDickey LakeDrSugarwoodDr
Density Reduced to 8 - 15 units/acreLakeMinnetonka
GVWX19
GVWX15 Blaine AveNavarreLnS
ha
dywoodRoad
Shoreline Dr
N o r t h e r n A v e
Navarre AveLivi ngston Ave
Crystal Pl
Lyric A v e
O liveAve
B a yviewPl
KellyAve
Inset 1
Inset 2
Inset 1
Inset 2
419
Hennepin County Locate & Notify Map
485 Orono Orchard S
0 410 820205 Feet
Date: 1/6/2025
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
420
38 02-117-23 23 0007
PARTNERSHIP HOLDINGS LLC
C/O WAYCROSSE INC
P O BOX 5628
MINNEAPOLIS MN 55440
38 02-117-23 23 0008
PARTNERSHIP HOLDINGS LLC
P O BOX 5628
MINNEAPOLIS MN 55440
38 02-117-23 23 0009
TAYLOR J STEPHENS
MIRANDA O STEPHENS
385 ORONO ORCHARDS RD S
WAYZATA MN 55391
38 02-117-23 23 0011
HARISON T GRODNICK
MARISSA E GRODNICK
387 ORONO ORCHARD RD S
WAYZATA MN 55391
38 02-117-23 23 0012
JACK & JERI VEACH
389 ORONO ORCHARD RD S
WAYZATA MN 55391
38 02-117-23 24 0002
BENJAMIN S JAFFRAY
DRAPER M JAFFRAY
320 ORONO ORCHARD RD S
WAYZATA MN 55391
38 02-117-23 24 0006
HARRIET V K OSBORN
360 ORONO ORCHARD RD S
WAYZATA MN 55391
38 02-117-23 31 0006
ERIC YUSEFZADEH
501 CARLSON PKWY #108
MINNETONKA MN 55305
38 02-117-23 31 0009
ERIC M BARRON
1380 FOX ST
WAYZATA MN 55391
38 02-117-23 31 0010
WHITEHALL II LLC
PO BOX 87
CRYSTAL BAY MN 55323
38 02-117-23 31 0014
CHARLES GURLER
15757 N 90TH PL APT 1097
SCOTTSDALE AZ 85260
38 02-117-23 31 0047
MARISSA MCGUIRE D'AGOSTINI
450 ORONO ORCHARD RD S
WAYZATA MN 55391
38 02-117-23 31 0051
PAUL A & MEGAN M BENNETT
500 HANLON AVE
WAYZATA MN 55391
38 02-117-23 31 0052
ROBERT T JAFFRAY
540 BARRETT AVE
WAYZATA MN 55391
38 02-117-23 31 0054
BRIAN Y CHOU
BARTH CALDERON
333 CITY BLVD W SUITE 2050
ORANGE CA 92868
38 02-117-23 31 0055
PATRICIA PRENDERGAST
540 ORONO ORCHARD RD S
WAYZATA MN 55391
38 02-117-23 31 0056
JESSE L CHAPPELL
NICOLE M CHAPPELL
1340 FOX ST
WAYZATA MN 55391
38 02-117-23 31 0057
JAMES CASSENS
KIMBERLY CASSENS
570 ORONO ORCHARD RD S
WAYZATA MN 55391
38 02-117-23 32 0001
EDWARD H HAMM
400 SELBY AVE
UNIT# B
ST PAUL MN 55102
38 02-117-23 32 0002
ELISABETH J DAYTON
C/O ARG
601 CARLSON PKWY STE 1120
MINNETONKA MN 55305
38 02-117-23 32 0003
DAVID C WEYERHAEUSER
1540 FOX ST
WAYZATA MN 55391
38 02-117-23 32 0007
JAMIN E MARKS
2580 FOX ST
WAYZATA MN 55391
38 02-117-23 32 0008
PARTNERSHIP HOLDINGS LLC
C/O WAYCROSSE INC
P O BOX 5628
MINNEAPOLIS MN 55440
38 02-117-23 32 0009
FAR VIEW LLC
C/O WAYCROSSE INC
PO BOX 5628
MINNEAPOLIS MN 55440
38 02-117-23 33 0001
W P HENNEMAN & A B HENNEMAN
1485 FOX ST
WAYZATA MN 55391
38 02-117-23 33 0002
WAYZATA BAY LLC
1265 BRAEKETTS POINT RD
WAYZATA MN 55391
38 02-117-23 33 0010
ALFRED & INGRID L HARRISON
1410 SHORELINE DR
WAYZATA MN 55391
38 02-117-23 33 0014
PERENNIUS TRUST
J & R MIGLIORI
P.O. BOX 111179
NAPLES FLORIDA 34108
38 02-117-23 33 0015
BUYCHANCE LLC
PO BOX 500
WAYZATA MN 55391
38 02-117-23 34 0005
CM3 LIVING TRUST
15407 MCGINTY RD W #28
WAYZATA MN 55391
421
38 02-117-23 34 0006
ALAN LAMPE & THERESA LAMPE
221 PRIMROSE LANE
MEDINA MN 55340
38 02-117-23 34 0007
CYNTHIA B HOLTZ
1397 ORONO LANE
ORONO MN 55391
38 02-117-23 34 0008
KEVIN R KOKESH
BARRY J CAVALANCIA
1399 ORONO LA
WAYZATA MN 55391
38 02-117-23 34 0011
CRAIG AND BEVERLEY MILLER
26381 MAHOGANY POINTE CT
BONITA SPRINGS FL 34134-0761
38 02-117-23 34 0012
LUKE BELTNICK
1380 ORONO LA
WAYZATA MN 55391
38 02-117-23 34 0016
PILLSBURY FAMILY REV TRUST
PO BOX 2799
EDWARDS CO 81632
38 02-117-23 34 0020
DRAGONFLY HILL LLC
PO BOX 87
CRYSTAL BAY MN 55323
38 02-117-23 42 0013
HENNEPIN COUNTY
REGIONAL RAILROAD AUTHORITY
701 4TH AVE S SUITE 700
MINNEAPOLIS MN 55415
38 03-117-23 14 0004
CAROL G & CONLEY BROOKS JR
1640 FOX ST
WAYZATA MN 55391
38 03-117-23 41 0004
CRAIGBANK HOLDINGS LLC
C/O WAYCROSSE INC
P O BOX 5628
MINNEAPOLIS MN 55440
422
Date: February 18, 2025 Item: 6.8
Presenter: Matt Karney, Planner
Section: Public Hearings
Title: LA25-000003, Stonewood LLC, 155 Wear Lane North, Variances (Matthew
Karney)
1.Purpose:
The applicant requests a variance to construct a covered entry within the 50-foot front yard
setback.
2.MN§15.99 Application Deadline:
The application was made on January 16, 2025 and deemed complete on January 28, 2025.
Following the 60-day review period this application expires on March 29, 2025.
3.Background:
The applicant proposes to build a covered entry at the front of the primary residence located at 155 Wear Lane
North. The existing house is located towards the front (east) of the property, in close proximity to the front
setback. The proposed covered entry extends 7.7 feet towards the street and 12.1 feet off the ground,
encroaching 4.7 feet into the front setback of 50 feet. The property itself is heavily wooded, and the house is
adequately buffered on all sides. Additionally, the property is exempt from the Stormwater Quality Overlay
District where a hardcover maximum would be imposed.
4.Public Comment:
No public comments have been received.
5.Staff Recommendation:
Planning Staff recommends approval.
6.Planning Commission Action Requested:
If the commission agrees with staff's analysis; a motion should be made for approval of the
proposed application.
AGENDA ITEM
Exhibits
Exhibit A - Staff Report
Exhibit B - Application
Exhibit C - Aerial Imagery
Exhibit D - Cover Letter
Exhibit E - Site Plan & Elevations
Exhibit F - Mailing List & Map
423
Date Application Received: 01/16/2025
Date Application Considered as Complete: 01/28/2025
60-Day Review Period Expires: 03/29/2025
To: Chair Bollis and Planning Commission Members
Adam Edwards, City Administrator
From: Matthew Karney, Planner
Date: 18 February 2025
Subject: #LA25-000003, Stonewood, LLC., 155 Wear Lane North, Variances – Public Hearing
Background
The applicant proposes to build a covered entry at the front of the primary residence located at 155
Wear Lane North. The existing house is located towards the front (east) of the property, in close
proximity to the front setback. The proposed covered entry extends 7.7 feet towards the street and
12.1 feet off the ground, encroaching 4.7 feet into the front setback of 50 feet. The property itself is
heavily wooded, and the house is adequately buffered on all sides. Additionally, the property is
exempt from the Stormwater Quality Overlay District where a hardcover maximum would be
imposed.
Practical Difficulties Analysis
Applicant Submittal Information:
The applicant has articulated that during the renovation process, it was discovered that the house is
susceptible to water damage based on the existing conditions and grading around the front of the
house. By extending the roofline further away from the house and into the setback, the water can be
directed away from the house with greater ease.
Planning Staff Practical Difficulty Analysis:
Although the current residence on the property meets applicable lot and building standards, including
the front setback, the proposal involves an encroachment of less than five (5) feet into the front
setback. Staff acknowledges the drainage issues facing the existing house and that the encroachment
would be buffered well by the property’s vegetation.
LOT ANALYSIS WORKSHEET
Section 78-420 & 78-1279 – Setbacks:
Applicable Regulations:
Variance for RR-1B Front Setback (Section 78-420)
The primary residence is currently located in the front of the property near the front setback line.
Providing a covered entry or any protrusion towards the street encroaches on the required 50-foot
front setback.
Application Summary: The applicant requests a variance to construct a covered entry within
the 50-foot front yard setback.
Staff Recommendation: Planning Department Staff recommends approval of the variance.
RR-1B District Required Existing Proposed
Street/Front (East) 50’ 53.2’ Existing House 45.3’ House + Covered Entry
Interior Side (North) 30’ 34.3’ Existing House 34.3’ House + Covered Entry
424
FILE #LA25-000003
18 February 2025
Page 2 of 4
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 Variance is in harmony with the general intent and purpose of the Ordinance. The
proposed covered entry still provides for adequate separation from the street and the existing tree
cover helps minimize the impacts of the encroachment.
2. The variance is consistent with the comprehensive plan:
The proposed variance to improve an existing and allowable residential use is consistent with the
Comprehensive Plan.
3. The applicant establishes that there are practical difficulties.
a. The property owner proposes to use the property in a reasonable manner not
permitted by the official controls:
The request to provide a covered entry with an additional purpose of directing water away
from the existing house and foundation is reasonable.
b. There are circumstances unique to the property not created by the landowner:
The property is significantly wooded and the house is located near the front of the
property, proximate to the front setback. Improvements to the front of the house would
be impacted by the front setback.
c. The variance will not alter the essential character of the locality:
Staff does not anticipate the character of the locality to be impacted or change with
approval of the requested Variance.
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.
425
FILE #LA25-000003
18 February 2025
Page 3 of 4
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; the existing and proposed use of the property is residential.
7. The board or council may permit as a variance the temporary use of a one-family dwelling as
a two-family dwelling:
This condition is not applicable.
8. The special conditions applying to the structure or land in question are peculiar to such
property or immediately adjoining property:
The existing house is conforming, located 53.2 feet from the front property line. The proposed
improvements are intended to solve a drainage issue specific to water entering the foundation
near the front of the house.
9. The conditions do not apply generally to other land or structures in the district in which the
land is located:
The conditions are not known to apply to other structures or land in the district.
10. The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant:
Granting the variance is necessary to allow for a reasonable expansion of the house to reduce the
impacts of stormwater on the basement. The siting of the house does not allow substantial
flexibility for the applicant to make improvements that would allow for the preservation and
enjoyment of a substantial property right.
11. The granting of the proposed variance will not in any way impair health, safety, comfort or
morals, or in any other respect be contrary to the intent of this chapter:
The proposed variance should not impact the health, safety, comfort, or morals of other
landowners and residents
12. The granting of such variance will not merely serve as a convenience to the applicant but is
necessary to alleviate demonstrable difficulty:
Granting of the requested variance would alleviate a difficulty imposed on the applicant due to
the existing house location and recurring stormwater issues affecting the house.
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.
426
FILE #LA25-000003
18 February 2025
Page 4 of 4
Public Comments
No public comments have been received by staff as of the writing of this report.
Planning Staff Recommendation
Planning Staff recommends approval of the variance to construct a covered entry within the 50-foot
front yard setback according to the submitted plans.
List of Exhibits
Exhibit A. Staff Report
Exhibit B. Application
Exhibit C. Aerial Imagery
Exhibit D. Cover Letter
Exhibit E. Elevations & Site Plan
Exhibit F. Mailing List & Site Map
427
Land Use Application Summary
Application Date:01/16/2025
Address:155 Wear LN North
Orono, MN 55356
Parcel Number:3311823340013
Land Use Number:LA25-000003
Application Submitted By:Agent on behalf of property owner
Owner:Name: ROSS M JOHNSON
Address: ANNE E JOHNSON 155 WEAR LA N
Applicant:Name: Sven Gustafson
Company: Stonewood
Address: 153 Lake St. E
Wayzata, MN 55391
sven@stonewood.com
Contact Information:Associated Contact:
Associated Contact:
Associated Contact:
Associated Contact:
Project Description:Variance for setbacks and hardcover
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:
428
Exhibit C – Aerial Imagery of 155 Wear Lane North
429
430
Variance Narrative for the Johnson Residence
Address: 155 N Wear Lane, Orono, MN 55356
155 Wear Ln is an existing residential home with a design that lacks a covered front entry, resulting in
functional obsolescence and inconvenience . Durning the undertaking of a current home renovation we
discovered significant storm water management issues on the front of the home around the front stoop
and grading around the front of the house. This caused water intrusion and damage in the lower level
of the structure.
We are requesting a variance to construct an 8-foot covered front entry as a way to protect and control
storm water management on the front the house. This addition will also address the absence of weather
protection for visitors. These are both a need that is commonly met by modern home designs.
Additionally, the project will help to resolve ongoing basement water issues by extending the roofline
and adding a deeper porch to redirect water away from the foundation with a storm water management
solution.
We are requesting an encroachment of 2 ’ – 4'8” encroachment into the front yard setback (depending on
where measured.) 45’ to 48’ setback from the street, where 50’ is required. This proposed variance
maintains the same alignment with the home’s existing architectural features, including the projection of
the garage into the front yard . It does not negatively impact neighbors sight lines and upholds the
aesthetic and functional character of the locality. The current home is at the end of a cul-de-sac street
and both adjoining neighbors do not have a view of the front of the home.
Responses to Variance Requirements
1. Practical Difficulties:
• Reasonable Use: The addition of a covered front entry is a reasonable use of the property,
improving both functionality and livability. Without the variance, the home remains limited by its
original design, which is impractical for the local climate and current residenti al standards.
• Unique Challenges: The lack of an entry cover and water infiltration issues are unique to this
property’s current design and location. These challenges were not created by the applicant but result
from the original construction.
• Character of Locality: The variance will not alter the essential character of the neighborhood.
The proposed addition aligns with similar architectural features found in nearby homes and
complements the garage’s existing projection, ensuring a cohesive aesthetic.
2. Consistency with Ordinance Intent:
• The variance supports the intent of the zoning code by enhancing the functionality and safety of
the property while maintaining compatibility with the surrounding neighborhood. The addition
addresses demonstrable difficulties rather than serving as a mere convenience.
3. Prohibited Uses:
• The requested variance does not permit any use prohibited under the zoning code for this
district. It remains consistent with the residential use of the property.
4. Economic Considerations:
431
• Economic factors alone are not the basis for this request. The need for the variance is driven by
practical considerations, such as the lack of weather protection, functional design improvements, and
the resolution of water issues.
5. Environmental and Safety Concerns:
• The proposed addition will improve safety by reducing water infiltration near the foundation,
which could otherwise compromise the home’s structural integrity. It will not negatively impact
traffic, light, air quality, or property values in the area. Instead, the improvement may enhance
property values by modernizing the home’s design.
6. Additional Criteria for Specific Zones:
• This property is not located in a Shoreland district. If necessary, hardcover calculations and
stormwater compliance documentation can be submitted to demonstrate adherence to city
regulations.
Closing Statement
The requested variance for an encroachment into the front yard setback is a reasonable and necessary
solution to address the functional and environmental challenges faced by the property. The proposal
aligns with the city’s zoning code intent, maintains th e character of the neighborhood, and ensures
safety and environmental integrity. We respectfully request approval of this variance.
432
A0 SITE PLAN
A1 FLOOR PLANS
A2 PROP. EXTERIOR ELEV.
SHEET LIST
ORIGINATION DATE
11/21/2024
REVISION DATE
Johnson
SHEET NO.
153 Lake Street East
Wayzata, MN 55391
O: 612.462.4000
www.lakestreet.design
Arch. Designer: Tyler
Int. Designer: xx
CLIENT:AddressJohnsonRoss155 N Wear Ln, Orono, MN 55356TEAM:
CONTRACTOR:
153 Lake Street East
Wayzata, MN 55391
O: 612.462.4000
www.revision.com
PM: xx
THIS DRAWING IS THE SOLE
PROPERTY OF LAKE STREET
DESIGN CO. AND IS ONLY TO
BE USED FOR THE PROJECT &
SITE IDENTIFIED HEREIN. IT IS
NOT TO BE USED ON ANY
OTHER PROJECT WITHOUT
WRITTEN PERMISSION FROM
LAKE STREET DESIGN CO.
A0
SITE PLAN
11/21/2024 Permit Set
P R O P O S E D
S T O O P
F O O T P R I N T
(I N E X I S T .L O C A T I O N )8 '-0 "1
2'-0"
45'-4"
48'-1"
P R O P O S E D
S T O O P
F O O T P R I N T
(I N E X I S T .L O C A T I O N )8 '-0 "1
2'
-0"
45'-4"
48'-1"
433
8'-10"5'-0"2'-2"4'-4 3/4"4'-4 1/2"4'-4 1/2"6'-11 1/2"3'-8"10'-11 3/4"O FF IC E
F O Y E R
C L OS E T
DN
1, 3
A2
1, 3
A2
2, 4
A2
2, 4
A2
4'-0"4'-0"4'-0"
12'-0"8'-0"9'-9"
DI N I N G
F OYE R PANTRYWOOD WOODshelving by others
15" column
STONE FLOOR, RISERS, & TREADSbeam abovebeam abovehanging light, per
int. designer's
selection
A0 SITE PLAN
A1 FLOOR PLANS
A2 PROP. EXTERIOR ELEV.
SHEET LIST
ORIGINATION DATE
1/27/2025
REVISION DATE
Johnson
SHEET NO.
153 Lake Street East
Wayzata, MN 55391
O: 612.462.4000
www.lakestreet.design
Arch. Designer: Tyler
Int. Designer: xx
CLIENT:AddressJohnsonRoss155 N Wear Ln, Orono, MN 55356TEAM:
CONTRACTOR:
153 Lake Street East
Wayzata, MN 55391
O: 612.462.4000
www.revision.com
PM: xx
A1
FLOOR PLANS
DUE TO UNFORESEEN CONDITIONS OF REMODELS & ADDITIONS,
DISCREPANCIES MAY OCCUR BETWEEN INFORMATION CONTAINED
ON THESE DRAWINGS AND EXISTING CONSTRUCTION DETAILS.
MODIFICATIONS TO APPROVED DESIGN MAY BE REQUIRED WITHOUT
SIGN-OFF TO MAINTAIN CONSTRUCTION SCHEDULE. SHOULD
MODIFICATIONS RESULT IN INCREASED COST TO PROJECT,
CUSTOMER WILL BE NOTIFIED.
THIS DRAWING IS THE SOLE
PROPERTY OF LAKE STREET
DESIGN CO. AND IS ONLY TO
BE USED FOR THE PROJECT &
SITE IDENTIFIED HEREIN. IT IS
NOT TO BE USED ON ANY
OTHER PROJECT WITHOUT
WRITTEN PERMISSION FROM
LAKE STREET DESIGN CO.
1/27/2024 Variance Set
NORTH
PROPOSED FRONT STOOP PLAN
SCALE: 1/4"= 1'-0"
1
A1
1
A1
EXISTING FRONT STOOP PLAN
SCALE: 1/4"= 1'-0"
1
A1
1
A1
434
12
8
7'-6"10"5"1'-5"1'-7 1/4"10'-6"9'-9"6'-0"1'-0"match exist. fdn wall ftg. depth - v.i.f. 8'-2 7/16"8" poured fdn wall w/ 20" strip ftg.
standing seam metal roof
wood t&g ceiling
6:12
12
8
7'-6"10"5"1'-5"1'-7 1/4"10'-6"9'-9"6'-0"1'-0"match exist. fdn wall ftg. depth - v.i.f. 8'-2 7/16"8" poured fdn wall w/ 20" strip ftg.
standing seam metal roof
wood t&g ceiling
6:12
8'-9"3'-4 1/4"7'-8 1/2"
1'-0"3"10"1'-8"
wood-wrapped column,
paint to match exist. trim
wood so9t/trim/fascia,
paint to match exist. trim
standing seam metal roof
cut/patch siding, new step tins/flashing
(3) #4xcont. horizontal bars
#4x2'-0" dowels @ 72" o.c.
max (5" min. embed)
8" min. c.i.p. conc. fdn wall
vertical rebar @ 36" spacing
slope 1/8" per foot
6" min. thick slab over
backfill per soils report.
reinforce w/ 1-#4 bar @ 18"
o.c. each way
compacted
backfill per s
oils report
flagstone finish
(2) #4xcont. horizontal bars 8'-9"3'-4 1/4"7'-8 1/2"
1'-0"3"10"1'-8"
wood-wrapped column,
paint to match exist. trim
wood so9t/trim/fascia,
paint to match exist. trim
standing seam metal roof
cut/patch siding, new step tins/flashing
(3) #4xcont. horizontal bars
#4x2'-0" dowels @ 72" o.c.
max (5" min. embed)
8" min. c.i.p. conc. fdn wall
vertical rebar @ 36" spacing
slope 1/8" per foot
6" min. thick slab over
backfill per soils report.
reinforce w/ 1-#4 bar @ 18"
o.c. each way
compacted
backfill per s
oils report
flagstone finish
(2) #4xcont. horizontal bars8'-9"2x10
@ 1
6"
o.
c.6x6 post2x12 ridge board
(3) 2x10
8'-9"2x10
@ 1
6"
o.
c.6x6 post2x12 ridge board
(3) 2x10
(3) 2x10 beam
6x6 post(3) 2x10 beam
6x6 postA0 SITE PLAN
A1 FLOOR PLANS
A2 PROP. EXTERIOR ELEV.
SHEET LIST
ORIGINATION DATE
1/27/2025
REVISION DATE
Johnson
SHEET NO.
153 Lake Street East
Wayzata, MN 55391
O: 612.462.4000
www.lakestreet.design
Arch. Designer: Tyler
Int. Designer: xx
CLIENT:AddressJohnsonRoss155 N Wear Ln, Orono, MN 55356PROP. EXT. ELEV. - PORTICO
SCALE: 1/2"= 1'-0"
1
A2
1
A2
TEAM:
CONTRACTOR:
153 Lake Street East
Wayzata, MN 55391
O: 612.462.4000
www.revision.com
PM: xx
THIS DRAWING IS THE SOLE
PROPERTY OF LAKE STREET
DESIGN CO. AND IS ONLY TO
BE USED FOR THE PROJECT &
SITE IDENTIFIED HEREIN. IT IS
NOT TO BE USED ON ANY
OTHER PROJECT WITHOUT
WRITTEN PERMISSION FROM
LAKE STREET DESIGN CO.
A2
PROP. EXTERIOR ELEV.
DUE TO UNFORESEEN CONDITIONS OF REMODELS & ADDITIONS,
DISCREPANCIES MAY OCCUR BETWEEN INFORMATION CONTAINED
ON THESE DRAWINGS AND EXISTING CONSTRUCTION DETAILS.
MODIFICATIONS TO APPROVED DESIGN MAY BE REQUIRED WITHOUT
SIGN-OFF TO MAINTAIN CONSTRUCTION SCHEDULE. SHOULD
MODIFICATIONS RESULT IN INCREASED COST TO PROJECT,
CUSTOMER WILL BE NOTIFIED.
1/27/2024 Variance Set
PROP. EXT. ELEV. - PORTICO
SCALE: 1/2"= 1'-0"
2
A2
2
A2
PORTICO FRAMING
SCALE: 1/2"= 1'-0"
3
A2
3
A2
PORTICO FRAMING
SCALE: 1/2"= 1'-0"
4
A2
4
A2
435
Hennepin County Locate & Notify Map
155 Wear Ln N
0 200 400100 Feet
Date: 1/21/2025
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
436
38 33-118-23 31 0015
CHAD SCHWARZE
TRESSIE SCHWARZE
401 N 2ND ST UNIT 407
MINNEAPOLIS MN 55401
38 33-118-23 31 0016
ANGI LU UNTERSEHER REV TR
2910 LILLIAN LA
LONG LAKE MN 55356
38 33-118-23 31 0017
TOBY & ERIN TYLER
2970 LILLIAN LA
LONG LAKE MN 55356
38 33-118-23 32 0003
JASON KLEVE & JEANNE KLEVE
185 CRYSTAL CREEK RD
LONG LAKE MN 55356
38 33-118-23 32 0004
JOHN G LEWIS
195 CRYSTAL CREEK RD
LONG LAKE MN 55356
38 33-118-23 32 0007
CITY OF ORONO
2750 KELLEY PKWY
ORONO MN 55356
38 33-118-23 33 0001
GREGGORY HAUGEN
CYNTHIA HAUGEN
3020 WATERTOWN RD
LONG LAKE MN 55356
38 33-118-23 33 0009
MARK A & JULIE J WENINGER
100 CRYSTAL CREEK RD
LONG LAKE MN 55356
38 33-118-23 33 0010
DAVID E & LAYLON M BRODEN
140 CRYSTAL CREEK RD
LONG LAKE MN 55356
38 33-118-23 33 0011
BRIAN C HADLEY
SAMARAH A HADLEY
170 CRYSTAL CREEK RD
LONG LAKE MN 55356
38 33-118-23 33 0012
CRYSTAL CREEK HOMEOWNERS
C/O STEVE KOEHLER
35 CRYSTAL CREEK RD
ORONO MN 55356
38 33-118-23 34 0004
NICOLE ALISHA GUIMOND
SHARON RAE GUIMOND
2875 WEAR CIR
ORONO MN 55356
38 33-118-23 34 0005
MICHAEL P & GAYLE M SIEVERT
85 WEAR LA N
LONG LAKE MN 55356
38 33-118-23 34 0006
ROBYN ELIZABETH B CHARGO
STEVEN JAY CHARGO
55 WEAR LA N
LONG LAKE MN 55356
38 33-118-23 34 0007
ROBERTSON JOHN MASSIE
KELSEY J M MASSIE
2900 WEAR CIR
LONG LAKE MN 55356
38 33-118-23 34 0008
HANNAH FRANCES BREHM
MICHAEL JOHN BREHM
2850 WEAR CIR
LONG LAKE MN 55356
38 33-118-23 34 0010
HUGH J HOFFMAN
40 WEAR LANE N
LONG LAKE MN 55356
38 33-118-23 34 0011
WEAR ENTERPRISES PARTNERSHIP
C/O WILLIAM W WEAR
PO BOX 245
LONG LAKE MN 55356
38 33-118-23 34 0012
WEAR ENTERPRISES PARTNERSHIP
C/O WILLIAM W WEAR
PO BOX 245
LONG LAKE MN 55356
38 33-118-23 34 0013
ROSS M JOHNSON
ANNE E JOHNSON
155 WEAR LA N
LONG LAKE MN 55356
38 33-118-23 34 0014
CAROLINE & MATTHEW HELLING
160 WEAR LA N
LONG LAKE MN 55356
38 33-118-23 34 0015
SCOTT G BERKEY
CAROL BERKEY
170 WEAR LA N
LONG LAKE MN 55356
38 33-118-23 34 0016
SCOTT G BERKEY
170 WEAR LA N
LONG LAKE MN 55356
38 33-118-23 34 0017
JUDD STEVENS/RACHEL STEVENS
297 GLENBROOK RD N
WAYZATA MN 55391
38 33-118-23 34 0018
SCOTT GRONHOLZ/AMY GRONHOLZ
2845 LILLIAN LA
LONG LAKE MN 55356
38 33-118-23 34 0019
CRYSTAL BAY ESTATES HO ASSN
11578 CHAMBERLAIN CT
EDEN PRAIRIE MN 55344
437
Date: February 18, 2025 Item: 6.9
Presenter: Melanie Curtis, Planner
Section: Public Hearings
Title: LA25-000004, Norton Homes o/b/o Mark Ferry & Elizabeth Flynn Ferry,
3545 Ivy Place, Average Lakeshore Setback Variance (Melanie Curtis)
1.Purpose:
This item contemplates an average lakeshore setback variance for a new home.
2.MN§15.99 Application Deadline:
This application was received on January 20th and considered to be complete on January 27th.
Therefore the 60-day review period will end on March 28, 2025.
3.Background:
The new owners of the property were granted an average lakeshore setback variance for a new
home in August of 2024 (Exhibit G). Since that time, they engaged a new builder and made minor
adjustments to the house plans resulting in small footprint changes. Due to the impact of the
average lakeshore setback on the property, new variances are required. A detailed staff report with
the variance analysis is provided as Exhibit A.
4.Staff Recommendation:
Staff recommends approval as applied.
5.Planning Commission Action Requested:
The Planning Commission should make a motion to approve the average lakeshore setback
variance.
AGENDA ITEM
Exhibits
Exhibit A - Staff Report
Exhibit B - Application
Exhibit C - Practical Difficulty
Exhibit D - Survey.
Exhibit E - Plans
Exhibit F - Hardcover
Exhibit G - Resol 7500_previous approval
Exhibit H - Aerial Photos
Exhibit I - Neighbor Comments
Exhibit J - Footprint Comparison
Exhibit K - Map_List
438
Date Application Received: 01/20/2025
Date Application Considered as Complete: 01/27/2025
60-Day Review Period Expires: 03/28/2025
To: Chair Bollis and Planning Commission Members
Adam Edwards, City Administrator
From: Melanie Curtis, Planner mcc
Date: 18 February 2025
Subject: #LA25-000004, Norton Homes o/b/o Mark Ferry & Elizabeth Flynn Ferry, 3545 Ivy Place
Average Lakeshore Setback Variance
Public Hearing
Background
The new owners of the property were granted an average lakeshore setback variance for a new home in August
of 2024 (file LA24-000037; Resol. 7500, attached as Exhibit G). Since that time, they made minor adjustments to
the house plans resulting in small footprint changes and, because the average lakeshore setback greatly impacts
the property, new variances are required. Additionally, they have engaged a new builder, the applicant. The
Applicant provided an overlay exhibit showing the changes – see insert map and Exhibit J)
The previous variance application did not identify an
abutting neighbor on the north/east side so the
measured distance between the lake and the western
neighbor at 3535 Ivy Place was applied to the subject
property as the average lakeshore setback [cite: Section
78-1279]. However, the updated survey submitted for
the current application shows an approximate 18-foot-
wide connection between the subject property and 3570
Ivy Place across Ivy Place making it the second adjacent
lakeshore neighbor. The updated survey (Exhibit D),
shows the revised average lakeshore setback line
bisecting the proposed home. The subject property and
3535 Ivy Place each face the cove; 3570 Ivy Place fronts
the Lake; the rear of the home faces the cove.
Practical Difficulties Analysis
Applicant Submittal Information: The applicant has
identified the lot orientation and the extreme location of the neighboring homes as practical difficulties
supporting the requested variance. Additionally, they have provided supporting documentation regarding
Practical Difficulties attached as Exhibit C, and should be asked for additional testimony regarding the
application.
Planning Staff Practical Difficulty Analysis: Regarding practical difficulty, Staff finds there are several impediments
to developing the property including existing utility easements crossing over the property, the unique orientation
of the subject and neighboring properties as well as the irregular shape of the neighbor’s lot to the west which
significantly impacts the buildable area on the subject property. LOT ANALYSIS
Application Summary: The applicant requests an average lakeshore setback variance to construct a new
home on the property.
Staff Recommendation: Planning Department Staff recommends approval.
439
FILE # LA25-000004
18 February 2025
Page 2 of 5
Section 78-350; 78-1279 – Setbacks:
LR-1C DISTRICT Required Existing Proposed
Rear 30’ 48.8’ 45’
Side Street 15’ 17.6’ 15.5’
Side 10’ 73.5’ 76’
Lakeshore 75’ 79.8’ 75.2’
Average Lakeshore The proposed home encroaches up to 140’ lakeward of the average lakeshore
setback.
Section 78-350 – Lot Area/Width:
LR-1C DISTRICT Lot Area Lot Width
Required 21,780 s.f. (0.5 acres) 100’
Actual 40,840 s.f. (0.93 acre) 245’@ 75’ / 270 @ OHWL
Section 78-1403 – Structural Building Coverage:
Total Lot Area Total Structural Coverage
40,840 s.f. (0.93 acre) Allowed: 8,168 s.f. (20%)
Existing: 3,307 s.f. (8%)
Proposed: 4,430 s.f. 10.8%)
Section 78-1680 and 78-1700 – Hardcover Calculations:
Stormwater
Overlay
District Tier
Total Area
in Zone
Allowed
Hardcover Existing Hardcover Proposed Hardcover
Tier 1 40,840 s.f. 10,210 s.f. (25 %) 6,968 s.f.
(17.1%) 609 s.f. w/in 75’ 7,887 s.f.
(19.3%) 519 s.f. w/in 75’
Applicable Regulations:
Average Lakeshore Setback Variance (Section78-
1279)
The purpose of the average lakeshore setback
requirement is to protect and preserve views of the
lake over a subject property from the neighboring
homes. Application of the average lakeshore setback
results in a significant impact on the buildable area
on this property. The proposed home will offer
approximately 16 additional feet of lake-view area
compared to the existing condition. There is an
existing nonconforming shed located 32.6 feet from
the OHWL of the lake and entirely within the 100-
year floodplain. The applicant proposes to keep the
shed; it cannot be replaced or substantially
improved according to the City’s floodplain
regulation (Sec. 78-1149).
440
FILE # LA25-000004
18 February 2025
Page 3 of 5
Governing Regulation: Variance (Section 78-123)
In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance
upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air,
danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning
Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in
instances where their strict enforcement would cause practical difficulties because of circumstances unique to the
individual property under consideration, and shall recommend approval only when it is demonstrated that such
actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do
not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to
direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in
Minn. Stat. §216C.06, subd. 14, when in harmony with this chapter. The board or the council may not permit as a
variance any use that is not permitted under this chapter for property in the zone where the affected person's
land is located. The board or council may permit as a variance the temporary use of a one-family dwelling as a
two-family dwelling.
According to MN §462.357 Subd. 6(2) variances shall only be permitted when:
1. The variance is in harmony with the general intent and purpose of the Ordinance. The Property includes
difficulties in its topography, the utility easement encroachments, and the orientation of the adjacent
property and homes. The average lakeshore setback variance will not further impact views of the lake
for the affected adjacent property. According to the plan, the view of the lake will be improved on the
west side. This criterion is met.
2. The variance is consistent with the comprehensive plan. The proposed variance to build a new home on
the Property is consistent with the comprehensive plan.
3. The applicant establishes that there are practical difficulties.
a. The property owner proposes to use the property in a reasonable manner not permitted by the
official controls; The request to permit a new home in the proposed location within the average
lakeshore setback appears to be reasonable considering the location and orientation of the
neighboring homes and lot shape, utility easements, and topography. The new home will
improve the view of the lake for the neighbor compared to the existing condition.
b. There are circumstances unique to the property not created by the landowner; The shape and
orientation of the neighboring properties and the location of the neighbors’ homes result in a
limited legal building envelope. The new home shape and location will offer an improved view
of the lake for the most affected neighbor. The circumstances are unique to the Property; and
c. The variance will not alter the essential character of the locality. The variance is requested to
permit the construction of a new home in a similar location that will not adversely impact the
character of the neighborhood.
Additionally, City Code 78-123 provides additional parameters within which a variance may be granted as follows:
4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not
been a factor in the variance approval determination.
5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar
energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. §
216C.06, subd. 17, when in harmony with Orono City Code Chapter 78. This condition is not applicable.
441
FILE # LA25-000004
18 February 2025
Page 4 of 5
6.The board or the council may not permit as a variance any use that is not permitted under Orono City
Code Chapter 78 for property in the zone where the affected person's land is located. This condition is
not applicable, as a single-family home is an allowed use in the LR-1C District.
7.The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family
dwelling. This condition is not applicable.
8.The special conditions applying to the structure or land in question are peculiar to such property or
immediately adjoining property. The property’s unique orientation to the lakeshore and the
relationship to adjacent homes creates difficulties for the Owners in improving the property consistent
with the homes in their neighborhood.
9.The conditions do not apply generally to other land or structures in the district in which the land is
located. The property’s unique shape and the setback of the adjacent homes create difficulties for the
owners.
10.The granting of the application is necessary for the preservation and enjoyment of a substantial property
right of the applicant. Granting the average lakeshore setback variance is necessary for the preservation
of the property rights of the owners.
11.The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in
any other respect be contrary to the intent of this chapter. Granting the requested variance in this
unique situation is not contrary to the intent of the zoning chapter.
12.The granting of such variance will not merely serve as a convenience to the applicant but is necessary to
alleviate demonstrable difficulty. The requested variance is necessary and does not merely serve as a
convenience to the Applicants.
The Commission may recommend or Council may impose conditions in granting variances. Any conditions
imposed must be directly related to and must bear a rough proportionality to the impact created by the variance.
No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land
is located.
Public Comments
Supportive comments from one neighbor were received (Exhibit I). The neighbor’s primary concerns were
concerning the narrowness of Ivy Place and safety. They wanted the builder to adequately prepare for access and
parking so the neighbors were not unduly inconvenienced.
Issues for Consideration
1.Does the Planning Commission find that the property owner proposes to use the property in a
reasonable manner which is not permitted by an official control?
2.Does the Planning Commission find that the variance(s), if granted, will not alter the essential
character of the neighborhood?
3.Does the Commission find it necessary to impose conditions to mitigate the impacts created by the
granting of the requested variance(s)?
4.Are there any other issues or concerns with this application?
Planning Staff Recommendation
Planning Staff recommends approval of the average lakeshore setback variance as
applied.
442
Land Use Application Summary
Application Date:01/20/2025
Address:3545 Ivy
Orono, MN 55391
Parcel Number:2011723420034
Land Use Number:LA25-000004
Application Submitted By:Agent on behalf of property owner
Owner:Name: ELIZABETH FLYNN FERRY
Address: - Mark Ferry
Applicant:Name: Amy Williams
Company: Norton Homes, LLC
Address: 18215 45th Ave N
Plymouth, MN 55446
amyw@nortonhomes.com
Contact Information:Associated Contact: Patrick Hiller
path@nortonhomes.com
Associated Contact:
Associated Contact:
Associated Contact:
Project Description:New Home
Land Use Application Type:Amendmend Application
Appeal of Admin Decision
Concept Application
Conditional Use Permit
Site Plan Application
Subdivision Application
Subdivision Exception
Vacation Application
Variance Application
Applicant Signature:
443
PRACTICAL DIFFICULTIES DOCUMENTATION FORM
LA25-000004
1. The property owner proposes to use the property in a reasonable manner not permitted by the
Zoning Chapter.
Response: N/A
2. The plight of the landowner is due to circumstances unique to his property not created by the
landowner.
Response: N/A
3. The variance, if granted, will not alter the essential character of the locality.
Response: N/A
4. Economic considerations alone do not constitute practical difficulties if reasonable use for the
property exists under the terms of the Zoning Chapter.
Response: N/A
5. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar
energy systems. Variances shall be granted for earth-sheltered construction as defined in Minnesota
Statutes, Section 116J.06, Subd. 2, when in harmony with this Chapter.
Response: Practical difficulties is that the current interpretation of the average lake setback would render the lot
unbuildable. The variance request is to build the home shown on the survey but stay outside of the standard 75'
lakeshore setback. This variance request is almost the same as the one previously granted with very minor
changes to the building footprint.
6. The Board of Appeals and Adjustments or the Council may not permit as a variance any use that
is not allowed under this Chapter for property in the zone where the affected person's land is
located.
Response: N/A
7. The Board or Council may permit as a variance the temporary use of a one-family dwelling as a
two-family dwelling.
Response: N/A
8. The special conditions applying to the structure or land in question are peculiar to such property
or immediately adjoining property.
Response: N/A
9. The conditions do not apply generally to other land or structures in the district in which said land
is located.
Response: N/A
10. The granting of the application is necessary for the preservation and enjoyment of a substantial
property right of the applicant.
Response: N/A
444
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: N/A
12. The granting of such variance will not merely serve as a convenience to the applicant but is
necessary to alleviate demonstrable difficulty.
Response: N/A
445
446
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459
460
LAND TYPE Torrens (T)
DOC NUM 6094979
Certified, filed and/or recorded on
Sep 11, 2024 4:13 PM
Office of the Registrar of Titles
Hennepin County, Minnesota
Amber Bougie, Registrar of Titles
Daniel Rogan, County Auditor and Treasurer
Deputy 92 Pkg ID 2709351 E
Document Recording Fee 46.00
Document Total 46.00
Existing Certs
1576335
This cover sheet is now a permanent part of the recorded document.
461
STATE OF MINNESOTA )
COUNTY OF HENNEPIN ) ss
CITY OF ORONO
I certify the foregoing is the original resolution adopted by the City Council on August 12, 2024.
Officially signed as City Clerk of Orono, Minnesota and the seal of the city on August 12, 2024.
Ch ' ' e Lusian, Clerk
SEAL)
462
gOt CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7500
SHOD
A RESOLUTION
APPROVING A VARIANCE FROM
MUNICIPAL ZONING CODE
SECTION 78-1279
FILE NO. LA24-000037
WHEREAS, on June 19, 2024, Mark Ferry and Elizabeth Flynn Ferry, a married couple
hereinafter the"Applicants"), applied for a variance from the City Code for the property addressed
3545 Ivy Place and legally described as:
Lot 1, Block 1, Casco Cove, Hennepin County, Minnesota (hereinafter the "Property");
WHEREAS, the Applicant has made an application to the City of Orono for a variance to
Orono Municipal Zoning Code Section 78-1279 to allow the construction of a new home
lakeward of the average lakeshore setback line; and
WHEREAS, on July 15, 2024, after published and mailed notice in accordance with
Minnesota Statutes and the City Code, the Planning Commission held a public hearing, at which
time all persons desiring to be heard concerning this application were given the opportunity to
speak thereon; and
WHEREAS, on July 15, 2024, the Planning Commission recommended approval of the
variance; and
WHEREAS, on August 12, 2024, the City Council reviewed the application and the
recommendations of the Planning Commission and City staff; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota
hereby approves the requested variance as described above based on one or more of the
following findings of fact concerning the Property:
FINDINGS OF FACT:
Al. The analysis contained within staff memos and the exhibits attached to the aforesaid
memos, all minutes from the above-mentioned meetings, and any and all other materials
distributed at these meetings are hereby incorporated by reference.
A2. The Property is located in the LR-1 C One Family Lakeshore Residential Zoning District.
463
1114
Oiv CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
A
NO. 75O0
kESHO sc,
A3. The Property contains 0.93 acres (40,840 square feet) in area and has a defined lot
width of 270 feet at the OHWL and 245 feet at the 75-foot setback from the OHWL.
A4. The Property is within Tier 1 and hardcover is limited to 25% according to the
Stormwater Quality Overlay District.
A5. The Applicants have applied for an average lakeshore setback variance.
A6. In considering this application for a variance, the Council has considered the advice and
recommendation of the Planning Commission and the effect of the proposed variance
upon the health, safety and welfare of the community, existing and anticipated traffic
conditions, light and air, danger of fire, risk to the public safety, and the effect on values
of property in the surrounding area.
ANALYSIS:
B1."Variances shall only be permitted when they are in harmony with the general purposes
and intent of the ordinance . . . ." The Property includes difficulties in its topography, the
utility easement encroachments, and the orientation of the adjacent property and home.
The average lakeshore setback variance will not further impact views of the lake for the
affected adjacent property. According to the plan, the neighbor's view of the lake will be
improved on the west side. This criterion is met.
B2."Variances shall only be permitted . . . when the variances are consistent with the
comprehensive plan." The proposed variance to build a new home on the Property is
consistent with the comprehensive plan.
B3."Variances may be granted when the applicant for the variance establishes that there are
practical difficulties in complying with the zoning ordinance. `Practical difficulties,' as used in
connection with the granting of a variance, means that:
a. The property owner in question proposes to use the property in a reasonable
manner, however, the proposed use is not permitted by the official controls. The
request to permit a new home in the proposed location within the average
lakeshore setback appears reasonable considering the neighboring home's
orientation, the shape of the Property, utility easements, and topography. The
new home will improve the view of the lake for the neighbor compared to the
existing condition.
b. The plight of the landowner is due to circumstances unique to his property not
created by the landowner. The shape and orientation of the neighbor's property and
2
464
i iv CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
ti 4'
NO. 7500
kESHO‘L
the location of the neighbor's home result in no legal building envelope. The new
home shape and location will offer an improved view of the lake for the affected
neighbor. The circumstances are unique to the Property; and
c. The variance, if granted, will not alter the essential character of the locality."The
variance is requested to permit the construction of a new home in a similar location
that will not adversely impact the neighborhood's character.
B4."Economic considerations alone do not constitute practical difficulties." Economic
considerations have not been a factor in the variance approval determination.
B5."Practical difficulties also include but are not limited to inadequate access to direct sunlight
for solar energy systems. Variances shall be granted for earth-sheltered construction as
defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter
78."This condition is not applicable.
B6."The board or the council may not permit as a variance any use that is not permitted under
Orono City Code Chapter 78 for property in the zone where the affected person's land is
located." This condition is not applicable, as a single-family home is an allowed use in the
LR-1C District.
B7."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.
B8."The special conditions applying to the structure or land in question are peculiar to such
property or immediately adjoining property." The Property's unique orientation to the
lakeshore and the adjacent homes create difficulties for the Owners to improve the
Property consistent with the homes in their neighborhood.
B9."The conditions do not apply generally to other land or structures in the district in which the
land is located." The Property's unique shape and the extreme setback of the adjacent
home on the "flag lot" create difficulties for the Applicants.
B10."The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant." Granting the average lakeshore setback
variance is necessary for the preservation of the property rights of the Applicants.
B11."The granting of the proposed variance will not in any way impair health, safety, comfort or
morals, or in any other respect be contrary to the intent of this chapter." Granting the
requested variance in this unique situation is not contrary to the intent of the zoning
chapter.
3
465
iLOAr CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7500
q ESHO0'
B12."The granting of such variance will not merely serve as a convenience to the applicant, but
is necessary to alleviate demonstrable difficulty." The requested variance is necessary and
does not merely serve as a convenience to the Applicants.
CONCLUSIONS, ORDER AND CONDITIONS:
Based upon one or more of the above findings, the Orono City Council hereby grants a
variance to Orono Municipal Zoning Code Section 78-1279 to allow construction of a new home
lakeward of the average lakeshore setback, subject to the following conditions:
Cl.Council approval is based on the entire record and the above Findings.
C2.The approved project shall conform to the survey dated 06/18/2024 by E. G. Rud &
Sons, Inc., and building plans submitted by the Applicants and annotated by City staff,
attached to this Resolution as Exhibits A & B.
C3.Amendments to the plans that do not conform to City codes may require further review
by the Planning Commission and City Council.
C4.Authorities granted by this resolution run with the Property not with the Applicants, but
are permissive only and must be exercised by obtaining a building permit for the new
construction and commencing construction of said project. A building permit must be
obtained within one year of the date of Council approval, or the variance will expire on
that date (August 12, 2025).
C5.Violation of or non-compliance with any of the terms and conditions of this resolution
may result in the termination of any authority granted herein.
ADOPTED by the Orono City Council on this 12th day of August, 2024.
CITY OF ORONO:
Dennis Walsh, Mayor
ATTES of
Christine L , City Clerk
4
466
1 Resol No. 7500
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477
From:DEBI DIBIAS
To:Melanie Curtis
Subject:Re: LA25-000004 / 3545 Ivy Pl - plans
Date:Wednesday, February 12, 2025 11:41:01 AM
Melanie,
Comments are that we look forward to having them as neighbors; the home is beautiful! For
the builder, we just ask that they, subcontractors, etc all respect the narrowness of Ivy Place
for parking. In addition to the road being quite narrow, it is on a drastic incline making
departures difficult when icy.
Thank you.
Debi
Sent from my iPhone
On Feb 11, 2025, at 11:11 AM, Melanie Curtis <MCurtis@oronomn.gov> wrote:
Please see the attached survey and architectural plans.
Reach out with questions.
Comments submitted to me before noon on Thursday (2/13) will be included in the planning
commission’s public packet.
<image001.jpg>
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
<Permit Set red.pdf>
<Certificate of Survey.pdf>
478
479
Hennepin County Locate & Notify Map
3545 Ivy Pl
0 200 400100 Feet
Date: 1/21/2025
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
480
38 20-117-23 31 0031
BENJAMIN M MAYER
MEGHAN J HERMANN
2914 CASCO POINT RD
WAYZATA MN 55391
38 20-117-23 31 0032
MARY STEPHANIE POWELL
2916 CASCO POINT RD
WAYZATA MN 55391
38 20-117-23 31 0033
DENISE B DAU
JAMES N DAU III
2920 CASCO POINT RD
WAYZATA MN 55391
38 20-117-23 31 0034
JONATHAN A MENTH
2930 CASCO POINT RD
WAYZATA MN 55391
38 20-117-23 31 0035
LISSA J SHOPE-TEOMAN
1925 PARKSIDE AVE
HILLSBOROUGH CA 94010
38 20-117-23 31 0036
PAUL F JOHNCOX
2948 CASCO POINT RD
WAYZATA MN 55391
38 20-117-23 31 0038
ED PEKARIK JR
2990 CASCO POINT RD
WAYZATA MN 55391
38 20-117-23 31 0060
JERRY & BONNIE MARTINSON
2970 CASCO POINT RD S
WAYZATA MN 55391
38 20-117-23 31 0061
JONATHAN R & AMY R MILLER
2980 CASCO POINT RD
WAYZATA MN 55391
38 20-117-23 34 0025
JAMIE GRANT
3020 CASCO POINT RD
WAYZATA MN 55391
38 20-117-23 34 0026
JOEL CARLSON
3026 CASCO POINT RD
WAYZATA MN 55391
38 20-117-23 42 0005
CITY OF ORONO
PO BOX 66
CRYSTAL BAY MN 55323
38 20-117-23 42 0006
HENNEPIN FORFEITED LAND
NOT FOR SALE/UNDER WATER IN
LAKE MTKA
38 20-117-23 42 0016
WILLIAM S DAMPIER
CLAUDIA DAMPIER
3550 IVY PL
ORONO MN 55391
38 20-117-23 42 0017
DEBORAH DIBIAS TRUST
16821 ENCLAVE CIR
EDEN PRAIRIE MN 55347
38 20-117-23 42 0018
JEFFREY R LARSON
HEATHER L MIDJE LARSON
3546 IVY PL
WAYZATA MN 55391
38 20-117-23 42 0019
MICHAEL JOSEPH DREHER
3534 IVY PL
WAYZATA MN 55391
38 20-117-23 42 0022
JAMES M & SHERRY D WHITE
3516 IVY PL
WAYZATA MN 55391
38 20-117-23 42 0027
JAMES C WHITE
TERA R WHITE
3560 IVY PL
WAYZATA MN 55391
38 20-117-23 42 0029
ZEBADIAH STROUT
MOLLY STROUT
3525 IVY PL
WAYZATA MN 55391
38 20-117-23 42 0031
DAVID S OWEN
KAY J OWEN
3486 IVY PL
WAYZATA MN 55391
38 20-117-23 42 0033
JONATHAN P PAUL
3532 IVY PL
WAYZATA MN 55391
38 20-117-23 42 0034
ELIZABETH FLYNN FERRY
MARK J FERRY
154 BABCOCK LA
WAYZATA MN 55391
38 20-117-23 42 0035
SAMSON CYRIL DRENTLAW
3535 IVY PL
WAYZATA MN 55391
38 20-117-23 42 0036
ALEX R SCHOEPHOERSTER
3508 IVY PL
ORONO MN 55391
38 20-117-23 42 0038
PAUL J TAUNTON
3600 IVY PL
WAYZATA MN 55391
38 20-117-23 42 0040
RUSSELL KOCON
JACQUELINE GIBNEY
3570 IVY PL
ORONO MN 55391
38 20-117-23 43 0006
MARY L TUCKER
3466 IVY PL
WAYZATA MN 55391
38 20-117-23 43 0031
CITY OF ORONO PARKS
P O BOX 66
CRYSTAL BAY MN 55323
38 20-117-23 43 0035
PATRICK KINZIE
MORGAN KINZIE
3040 CASCO POINT RD
WAYZATA MN 55391
481
38 20-117-23 43 0042
DANIEL H COX
3277 CASCO CIR
WAYZATA MN 55391
38 20-117-23 43 0043
DANIEL H COX
3277 CASCO CIR
WAYZATA MN 55391
38 20-117-23 43 0044
SARAH ANN STRUCK
JAN WILLIAM STRUCK
3287 CASCO CIR
WAYZATA MN 55391
38 20-117-23 43 0045
LISA B KAERCHER
JOHN DAVID KAERCHER
3297 CASCO CIRCLE
WAYZATA MN 55391
38 20-117-23 43 0048
BRIAN V & DAWN R NELSON
3305 CASCO CIR
WAYZATA MN 55391
38 20-117-23 43 0051
WILLIAM D GUST
3034 CASCO POINT RD
WAYZATA MN 55391
38 20-117-23 43 0052
KRISTEN & ANDREW RONNINGEN
3030 CASCO POINT RD
WAYZATA MN 55391
38 20-117-23 43 0053
OMNI CUSTOM BUILDERS LLC
9145 LAKESIDE DR
VICTORIA MN 55386
38 20-117-23 43 0054
LEISEL & MARK PFLEGHAAR
3509 IVY PL
WAYZATA MN 55391
38 20-117-23 43 0055
DONALD JAMES KAVANAGH
3038 CASCO POINT RD
WAYZATA MN 55391
482
Date: February 18, 2025 Item: 6.10
Presenter: Matt Karney, Planner
Section: Public Hearings
Title: LA25-000005, Schwarz Builders Inc, 1480 Bohns Point Road, Variances
(Matthew Karney)
1.Purpose:
The applicant requests approval of an average lakeshore setback variance to reconstruct an
accessory shed.
2.MN§15.99 Application Deadline:
The application was made on January 21, 2025 and deemed complete on January 30, 2025.
Following the 60-day review period this application expires on March 31, 2025.
3.Background:
The applicant proposes to rebuild an existing accessory shed located lakeward of the existing
residence to eliminate a bump-out and to have the shed better match the architecture of the
residence. The shed is approximately 90 feet from the Ordinary High Water Level (OHWL), but is
approximately 136 feet lakeward of the Average Lakeshore Setback (ALS). The proposed shed
reduces the width to 12.5 feet, where it is as wide as 15 feet currently. The existing shed is 312
square feet and the proposed shed will be 300 square feet in size. In addition to the footprint
change, they propose to increase the height and pitch of the roof. The current defined height of the
shed is 9.2 feet. The proposal indicated a increase in the defined height to 12.5 feet resulting in a
3.3 foot defined height expansion within the ALS.
4.Public Comment:
No public comments have been received.
5.Staff Recommendation:
Planning Staff recommends denial.
6.Planning Commission Action Requested:
If the commission agrees with staff's analysis, a motion should be made for denial of the proposed
application.
AGENDA ITEM
Exhibits
Exhibit A - Staff Report
Exhibit B - Application
Exhibit C - Aerial Imagery
Exhibit D - Cover Letter
Exhibit E - Practical Difficulties Analysis
Exhibit F - Hardcover Calculations
483
Exhibit G - Elevations & Site Plan
Exhibit H - Existing Conditions
Exhibit I - Adjacent Owners Acknowledgment
Exhibit J - Mailing List & Map
484
Date Application Received: 01/21/2025
Date Application Considered as Complete: 01/30/2025
60-Day Review Period Expires: 03/31/2025
To: Chair Bollis and Planning Commission Members
Adam Edwards, City Administrator
From: Matthew Karney, Planner
Date: 18 February 2025
Subject: #LA25-000005, Schwarz Builders, Inc., 1480 Bohns Point Road
Variances – Public Hearing
Background
The applicant proposes to rebuild an existing accessory shed located lakeward of the existing
residence to eliminate a bump-out and to have the shed better match the architecture of the
residence. The shed is approximately 90 feet from the Ordinary High Water Level (OHWL), but is
approximately 136 feet lakeward of the Average Lakeshore Setback (ALS). The proposed shed reduces
the width to 12.5 feet, where it is as wide as 15 feet currently. The existing shed is 312 square feet
and the proposed shed will be 300 square feet in size. In addition to the footprint change, they
propose to increase the height and pitch of the roof.
Practical Difficulties Analysis
Applicant Submittal Information:
The applicant has articulated that the topography of the lot would allow for the proposed shed to be
adequately screened and that the changes to the shed will allow for consistency in design between
primary and accessory structures on the property, as Section 78-1439 states accessory and principal
buildings should be consistent in design and color.
Planning Staff Practical Difficulty Analysis:
Although the primary residence meets the ALS, the existing shed does not. Hardcover will be reduced
by approximately 12 square feet, but the defined height will increase by approximately 3.5 feet. The
height of the current building is 9.2 feet and the height of the proposed building is 12.7 feet. Staff
notes the existing shed has a cupola and weathervane that would sit higher than the ridge of the
proposed roof, despite the proposed shed expanding upward outside of its current dimensions. The
applicant cites Section 78-1439 where accessory and principal buildings should be consistent in design
and color, which is applicable. Although there is topography to screen the shed from the property to
the south, the shed will be visible from the adjacent owners’ property to the north possibly impacting
their views of the lake.
LOT ANALYSIS WORKSHEET
Section 78-330 & 78-1279 – Setbacks:
Application Summary: The applicant requests approval of an average lakeshore setback
variance to reconstruct an accessory shed.
Staff Recommendation: Planning Department Staff recommends denial of the variance.
LR-1B District Required Existing Proposed
Interior Side (North) 10’ 12’ Existing Structure 13.3’ Proposed Structure
Lakeshore 75’ ~89’ Existing Structure ~90’ Proposed Structure
Average Lakeshore The existing structure is ~136’ lakeward of the ALS line. The proposal
485
FILE #LA25-000005
18 February 2025
Page 2 of 4
Section 78-1403 – Structural Building Coverage:
Total Lot Area Total Structural Coverage
67,878 s.f.
1.56 acres
Allowed: 13,575 s.f. *
Existing: 5,487 s.f. (8.1%)
Proposed: 5,475 s.f. (8.1%)
*Maximum footprint of structures cannot exceed 20% of lot size on lots >10,000 s.f. Code Sec. 78-1403 (a)(1)
Section 78-1680 and 78-1700 – Hardcover Calculations:
Stormwater
Overlay
District Tier
Total Area
in Zone
Allowed
Hardcover Existing Hardcover Proposed Hardcover
Tier 1 67,878 s.f. 16,969 s.f.
(25 %)
16,450 s.f.
(24.23%)
0 s.f. within
75’ setback
16,434 s.f.
(24.21%)
0 s.f. within
75’ setback
Applicable Regulations:
Average Lakeshore Setback Variances (Section 78-1279)
The primary residence meets the ALS, but the accessory shed does not. The shed may be replaced in-
kind which the City Code defines as “the replacement of a building or structure completely within the
limits (location, height, width, and depth) of the previous building or structure”. The proposed shed is
not deemed an in-kind replacement as the plans show an expansion upwards, into the ALS and lake
view of the adjacent neighbor to the north.
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 Average Lakeshore Setback (ALS) is intended to protect lake views of adjacent landowners.
Staff recognizes the applicant’s desire to improve the existing structure for use, safety, and
aesthetics, but the increase in height does not harmonize with the intent and purpose of the ALS.
2. The variance is consistent with the comprehensive plan:
The proposed variance to improve a non-conforming accessory structure is consistent with the
will decrease this encroachment by less than one (1) foot.
486
FILE #LA25-000005
18 February 2025
Page 3 of 4
Comprehensive Plan.
3. The applicant establishes that there are practical difficulties.
a. The property owner proposes to use the property in a reasonable manner not
permitted by the official controls:
The request to improve a failing accessory structure is a reasonable request of the property
owner to get more beneficial use of their property. However, the further encroachment of
the roof volume is not reasonable.
b. There are circumstances unique to the property not created by the landowner:
The location of the homes on the adjacent properties establishes an ALS where a lakeward
accessory structure can only be improved in-kind.
c. The variance will not alter the essential character of the locality:
Staff does not anticipate the character of the locality to be impacted or change with
approval of the requested Variance.
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; the property is allowed up to 2,000 square feet of accessory
structures.
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:
Due to the he location of the ALS the improvements to the existing shed may be in-kind, only. The
ALS prevents this existing structure from expanding outside of its existing dimensions.
9. The conditions do not apply generally to other land or structures in the district in which the
land is located:
The conditions of this property do apply generally to other land or structures in the district. This
condition is not met.
487
FILE #LA25-000005
18 February 2025
Page 4 of 4
10. The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant:
The applicant has a right to rebuild the shed in-kind preserving a substantial property right. The
expansion of an existing nonconforming building is not a right of the property owner. This criterion
is not met.
11. The granting of the proposed variance will not in any way impair health, safety, comfort or
morals, or in any other respect be contrary to the intent of this chapter:
Granting a variance in this situation would be contrary to the intent of the of the ALS as a function
of Shoreland Management. Although the structure is failing and the foundation is cracking, the
applicant proposes a significant increase beyond the current dimensions of the existing shed.
Despite the small decrease in hardcover, the increased massing of the proposed structure would
impact the lake views the ALS is to protect.
12. The granting of such variance will not merely serve as a convenience to the applicant but is
necessary to alleviate demonstrable difficulty:
Staff finds the granting of the requested variance would not alleviate a demonstratable difficulty.
Staff can agree the proposed shed would have improved aesthetics in comparison to the existing
shed, but the applicant retains the ability to rebuild the foundation and structure in-kind to address
the noted issues and not further impact views within the ALS.
The Commission may recommend or Council may impose conditions in granting of variances. Any
conditions imposed must be directly related to and must bear a rough proportionality to the impact
created by the variance. No variance shall be granted or changed beyond the use permitted in this
chapter in the district where such land is located.
Public Comments
No public comments have been received by staff as of the writing of this report. The applicant has
provided an Adjacent Property Owners’ Acknowledgement form from the neighbor to south, but not
one from the neighbor to the north; who would be more impacted by the additional encroachment.
Planning Staff Recommendation
Planning Staff recommends denial of the variance to expand the nonconforming shed within the
average lakeshore setback.
List of Exhibits
Exhibit A. Staff Report
Exhibit B. Application
Exhibit C. Aerial Imagery
Exhibit D. Cover Letter
Exhibit E. Practical Difficulty Analysis
Exhibit F. Hardcover Calculations
Exhibit G. Elevations & Site Plan
Exhibit H. Existing Conditions
Exhibit I. Adjacent Property Owners’ Acknowledgement Forms
Exhibit J. Mailing List & Map
488
Land Use Application Summary
Application Date:01/21/2025
Address:1480 Bohns Point Road
Orono, MN 55391
Parcel Number:0911723330004
Land Use Number:LA25-000005
Application Submitted By:Agent on behalf of property owner
Owner:Name: HOWARD R ALTON III
Address: 1480 BOHNS POINT RD WAYZATA MN 55391
Applicant:Name: Jack Schwarz
Company:
Address: 15119 Minnetonka Blvd, Suite 100
Minnetonka, MN 55345
office@schwarzbldrs.com
Contact Information:Associated Contact: Jack Schwarz
jack@schwarzbldrs.com
Associated Contact: Kurt Schwarz
Associated Contact:
Associated Contact:
Project Description:ALS variance Rebuilding of existing shed
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:
489
Exhibit C – Aerial Imagery of 1480 Bohns Point Road
490
491
15119 Minnetonka Blvd Minnetonka, Minnesota 55345 612-655-3130
1480 Bohns Point Rd Accessory Structure
Key Points:
• We are proposing to rebuild a failing accessory structure.
• Current foundation is cracking and falling apart.
• Current structure has a leaking low pitch roof.
• New structure to be built with a roof pitch to match existing primary structure.
• Old structure has a jog in the foundation and wall framing, but the roof mass is a rectangle.
• New structure to eliminate the jog in foundation to clean up the aesthetics of the structure.
• The sight lines from the neighboring houses will not be compromised due to the large drop in
elevations from the houses to the lake.
Old vs new structure sizes
• The current structure is approximately 312 sqft. Our proposed structure is 300 sqft.
• We are narrowing the structure by 2 feet 6 inches.
• We are building the new structure with a 12/12 pitch roof. Existing structure roof is 4/12 pitch.
Proposed accessory structure meets the following current accessory building ordinances
Principle Structure Required: A house must exist on the property before an accessory building or an
accessory structure (including docks) can be constructed.
o Meets principle structure requirement.
Hardcover
o Proposed structure is not increasing hardcover.
Location: An accessory building must be separated from the house by 10 feet (including decks or
overhangs) and 10 feet from any other building. It may not be placed in a drainage, utility, or similar
easement.
o Proposed structure is more than 10 feet from any other building.
Design: Accessory buildings must be consistent in design and color with the principal building.
Exception: Accessory buildings that are less than 120 square feet (footprint) and are located on lots
two acres in area or larger.
o Design of proposed structure to match principal building with roof pitch and details.
Height: The maximum height of an accessory building is limited to the height of the house or 30 feet,
whichever is less.
o Proposed structure is less than 17ft tall
Setbacks
o Meets 75’ lake setback line
o Meets 10’ Side yard set back. Proposed setback is 13’ 4”
Respectfully submitted,
Kurt Schwarz and Jack Schwarz
MN Residential Building Contractor License #3922 (35 years)
www.schwarzbldrsinc.com
492
PRACTICAL DIFFICULTIES DOCUMENTATION FORM
LA25-000005
1. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter.
Response: N/A
2. The plight of the landowner is due to circumstances unique to his property not created by the landowner.
Response: - The land owner purchased the property with the existing accessory structure and would like to make the accessory structure more in line with the
character of the principle structure.
- The existing structure foundation is failing.
3. The variance, if granted, will not alter the essential character of the locality.
Response: - If the variance is granted, it will improve the character of the accessory structure by matching the roof pitch of the principle structure.
- Along with removing the existing jog in the foundation, rebuilding as a rectangle will clean up the aesthetics.
• The sight lines from the neighboring houses will not be compromised due to the large drop in elevations from the houses to the lake.
4. Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning
Chapter.
Response: N/A
5. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted
for earth-sheltered construction as defined in Minnesota Statutes, Section 116J.06, Subd. 2, when in harmony with this Chapter.
Response: - Practical difficulties include:
o Existing structure is failing and is in need of rebuilding
o New design meets city ordinance for design to match existing primary structure
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: - Our goal is to maintain the special characteristics of the existing property by rebuilding the accessory structure to meet the character of the primary
structure on the property.
9. The conditions do not apply generally to other land or structures in the district in which said land is located.
Response: - Other land or structures do not have the special characteristics of this property.
10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.
Response: - Granting of the application maintains the failing foundation of the existing accessory structure and preserves the property character by matching the
primary structure roof pitch and general aesthetics.
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: - Granting of proposed variance 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: - Granting the variance will alleviate the failing structure and it is deemed necessary to match the existing primary structure roof pitch and details.
493
City of Orono
Hardcover Calculation Worksheet
Property Address:
Prepared by: Date:
Stormwater Quality Overlay District Tier: (Circle one) Tier 1* Tier 2 Tier 3 Tier 4 Tier 5
Step 1: EXISTING HARDCOVER
In the following table identify all items of existing hardcover on the property, keyed by letter to site plan or survey
(must accompany this form). Use as many lines as necessary to accurately depict the existing hardcover status of
the property. *For Tier 1 properties, identify any features by letter that are within the 75-foot setback or split at the
75’ setback line and calculate hardcover square footage separately for each portion.
Key to
Survey Hardcover Item (Describe) Length x Width Total
(Square Feet)
(Example) (Garage) (24’ x 30’) (720 S.F.)
A S.F.
B S.F.
C S.F.
D S.F.
E S.F.
F S.F.
G S.F.
H S.F.
I S.F.
J S.F.
K S.F.
L S.F.
M S.F.
N S.F.
O S.F.
P S.F.
Q S.F.
R S.F.
S S.F.
T S.F.
U S.F.
V S.F.
W S.F.
X S.F.
Y S.F.
Z S.F.
(1) Total Existing Hardcover S.F.
Excludable Hardcover (See City Code Sec 78-1684):
S.F.
S.F.
S.F.
S.F.
S.F.
(2) Total Excludable Hardcover S.F.
(3) Net Existing Hardcover [Subtract line (2) from line (1)] S.F.
(4) Total Lot Area S.F.
Existing Hardcover Percentage [ (3) ÷ (4) ] %
1480 Bohns Point Road
Schwarz Builders Inc 1/30/25
House 4929
Shed (Within Property)242
Shed 316
Blacktop Driveway
Pillars (12x4 each)
6086
49
Stone Walk 216
Keystone Borders 39
Paver Patio, pool, steps and lower patio 4491
55Window Well
A/C Pads (7.5x2 each)15
Stone Wall 36
A/C Pad (North of House)6
Wood Ramp Cover 6
Retaining Walls 192
16,678
K Stone Wall by Shed 36
N Retaining Walls 192
228
16,450
68,653
23.96
494
City of Orono
Hardcover Calculation Worksheet
Property Address:
Prepared by: Date:
Stormwater Quality Overlay District Tier: (Circle one) Tier 1 Tier 2 Tier 3 Tier 4 Tier 5
Step 2: PROPOSED HARDCOVER
In the following table, identify all items of proposed hardcover on the property, keyed by letter to the site plan or
survey (must accompany this form). Include all existing hardcover items that are intended to remain, as well as
all proposed hardcover items that will be added. Use as many lines as necessary to accurately depict the
proposed hardcover of the property. For Tier 1 properties, identify any features by letter that are within the 75-
foot setback or split at the 75’ setback line and calculate hardcover square footage separately for each portion.
Key to
Survey Hardcover Item (Describe) Length x Width Total
(Square Feet)
(Example) (Garage) (24’ x 30’) (720 S.F.)
A S.F.
B S.F.
C S.F.
D S.F.
E S.F.
F S.F.
G S.F.
H S.F.
I S.F.
J S.F.
K S.F.
L S.F.
M S.F.
N S.F.
O S.F.
P S.F.
Q S.F.
R S.F.
S S.F.
T S.F.
U S.F.
V S.F.
W S.F.
X S.F.
Y S.F.
Z S.F.
(1) Total Proposed Hardcover S.F.
Excludable Hardcover (See City Code Sec 78-1684):
S.F.
S.F.
S.F.
S.F.
S.F.
(2) Total Excludable Hardcover S.F.
(3) Net Proposed Hardcover [Subtract line (2) from line (1)] S.F.
(4) Total Lot Area S.F.
Proposed Hardcover Percentage [ (3) ÷ (4) ] %
1480 Bohns Point Road
Schwarz Builders Inc 1/30/2025
Shed 300
House 4929
Shed (Within Property)242
Blacktop Driveway 6086
Pillars (12x4 each)
Stone Walk
Keystone Borders
Paver Patio, pool, steps and lower patio 4491
49
216
39
Window Well 55
A/C Pads (7.5x2 each)15
Stone Wall 36
A/C Pad (North of House)6
Wood Ramp Cover 6
Retaining Walls 192
16,662
K Stone Wall by Shed 36
N Retaining Walls 192
228
16,434
68,653
23.93
495
1
12'-6"24'-0"3'-0"3'-0"9'-0"9'-0"24'-0"12'-6"5'-0"7'-0"7'-0"5'-0"FLOOR PLAN 1 SCALE: 1/4” = 1’-0”
FLOOR FRAMING PLAN2 SCALE: 1/4” = 1’-0”
ROOF FRAMING PLAN3 SCALE: 1/4” = 1’-0”
(2) 13/4”x 93/4” LVL RIM JST. (BELOW DOOR)
(2) 2x10 RIM JST.(2) 13/4”x 93/4” LVL RIM JST.(2) 13/4”x 93/4” LVL RIM JST.HELICAL PIERDESIGN BY SUPPLIER(6) THUS2x10 JOISTS @ 16” O.C. 9"
2” o VENT EA. END
OF EA. JST. SPACE
2x10 JST. 16” O.C.
STRUCT.
ADHESIVE
TREATED 1x4
CONT.- BOTT. OF JST.
1/2” TREATED
PLYWOOD
3/4” T&G PLYWOOD FLOOR
SHINGLE SIDING TO
MATCH EXIST. HOUSE
BUILDING PAPER
1/2” PLYWOOD SHEATHING
2x4 STUDS 16” O.C.6"MIN. GRASS RAMPLENGTH TBDSTEPPED STONE EDGE TYP.1'-0"
6'-6"6'-6"1'-0"1'-6"
N
PLAN NORTH
EAST ELEVATION6 SCALE: 1/4” = 1’-0”
SOUTH ELEVATION5SCALE: 1/4” = 1’-0”NORTH ELEV. SIM.ESAWN2020ESAWN2020ESAWN2020ESAWN2020ESAWN2020ESAWN2020PR. 30 x 68 HELICAL PIERS
DESIGN BY SUPPLIER WEST ELEVATION4 SCALE: 1/4” = 1’-0”
ESAWN2020ESAWN2020
CEDAR SHAKES TO
MATCH EXIST. HOUSE
ROOFING FELT INTERLAID
1/2” PLYWOOD SHEATHING
TRUSSES
METAL ROOF EDGE
5/4 x 6
5/4 x 8
3/8” PLYWOOD SOFFIT
TRIM AS REQ.12
12
5/4x45/4x4
FUNCTIONAL
GABLE-END LOUVER
MARVIN ESSENTIAL
COLLECTION WDWS.
TYP.
7
1
7
1
12
12
1/4” GALV. HDWR.
CLOTH OVER
LANDSCAPE FABRIC
6” GRAVEL
DRIP CAP
`
HELICAL PIERS
DESIGN BY SUPPLIER
TYP. WALL SECTION7 SCALE: 1/4” = 1’-0”FLOOR & FRAMINF PLANS EXTERIOR ELEVATIONSWALL SECTION & DETAILS Construction Notes
1 General contractor responsible to verify all existing conditions
and dimensions, for temporary support and shoring, intrusion
security, weather protection, and job site safety measures in
areas under construction.
2 Conform to Minnesota state building code, Minnesota state
energy code, and all local codes and ordinances.
3 Install all materials and equipment in strict accordance with
manufacturer's installation instructions.
4 Provide pricing for complete project consistent with design
intent expressed in these documents. Provide allowances for
aspects not specified.
5 Prior to disturbing site, provide silt fencing and tree
protection fencing as required by ordinace. - Submit
description.
6 Protect existing site improvements and utilities from damage
due to the work of this project.
7 Strip top soil as required - stockpile for reuse. Do not
stockpile any soils within drip line of any existing trees.
8 Dimensions shown are to face of wall (face of sheathing at
exterior walls).
9 Minimum header at openings in bearing walls shall be 2-2x10
unless noted otherwise.
10 All connectors and anchors used in direct contact with
preservative treated wood shall be approved for this
application.
11 Provide adhered ice-sheet from eave to minimum two feet in
from outside face of exterior wall.
12 Electrical work is design-build. Trade to secure required
permits & perform all work in conformance with all applicable
codes.8'-0"8'-0"
12'-6"1'-6"1'-6"24'-0"1'-0"1'-0"GABLE-END TRUSS
DROP TOP CHORD FOR OUTLOOKERS
GABLE-END TRUSS
DROP TOP CHORD FOR OUTLOOKERS
2x4 OUTLOOKERS16” O.C.PROVIDE (2) 2x10 HEADERAT WINDOW & DOOR OPENINGSENGINEERED TRUSSES24” O.C.2x4 OUTLOOKERS16” O.C.2x8 SUB FASCIA TYP.FUNCTIONAL
GABLE-END LOUVER
EXTERIOR GRADE
PATIO DOOR
MFR. & MODEL TBD.
STEPPED STONE EDGE
EA. SIDE OF GRASS RAMP
1/4” GALV. HDWR.
CLOTH OVER
LANDSCAPE FABRIC
AZEK - PAINT TO
MATCH SHINGLESGRASS RAMP5/4 x 10 FRIEZE BD.5/4 x 10 FRIEZE BD.
CEDAR SHAKES TO
MATCH EXIST. HOUSE
SHINGLE SIDING TO
MATCH EXIST. HOUSE
SIMPSON H2.5A
AT EACH TRUSS
1'-6"1'-6"8'-1 1/8"10"1'-0"1'-6"6'-11 3/4"HEEL1'-6"
E
WOUTLINE OF EXISTING STRUCTURE
(EXIST. STRUCTURE BUILT ON SLAB-
ON-GRADE; PROPOSED STRUCTURE
BUILT ON RAISED WOOD FLOOR) 16'-3"PROJECT NO: 24.15
DRAWN BY: JAL
ISSUE DATE:
FOR CONST. 1/16/25
ADD EXIST. STRUCT. OUTLINE
& LAKESHORE SETBACK LIINE
1/29/25
952 201 6076
Hopkins, MN 55343
jalarch97@gmail.com
JAL ARCHITECTS LLC JAL ARCHITECTS LLC
750 Mainstreet #414
ACCESSORY STRUCTUREFORHOWARDALTON1480 BOHN'S POINT ROADWAYZATA MN 55391of 2
Jean André LaTondresse
AIA ALA
496
23.9
24'-0"12'-6"15.0
15.02 SITE PLAN8.911.9(PROPOSE
D
)(PROPOSED)27.00 85.22
BOHN'S POINT ROADBITUM. ROADWAY
STONE
PILLAR
(TYP)
STONE
PILLAR
(TYP)
BITUM. DRIVEWAY
BITUM. DRIVEWAY
POWER POLE
POWER POLE
40.00
85.22 225.96
430.26
387.36
16.52
16.48
136.49
11±
287.17
50±163.76150.00EXISTING PAVER
PATIO & POOL
EXISTING
HOUSE
EXISTING
SHED W/
BASEMENT
EASEMENT PER DOC. NO. 5063426
TO ALLOW SHED UNTIL JULY 31,2045
EXISTING SHED (DASHED)
PROPOSED SHED (SOLID) 75' SETBACK LINEEXISTING
PATIO
PAVER PATH
LAKE MINNETONKA
CRYSTAL BAY
929.4 CONTOUR LINE
EXISTING STONE
RETAINING WALL
SITE PLAN 1 SCALE: 1” = 20’N
ALL DATA TAKEN FROM SURVEY
PREPARED BY GRONBERG &
ASSOCIATES, INC., DATED 12/19/2013.13'-4 1/2"±1'-6"EQ.EQ.AVERAGE LAKESHORE SETBACK LINELEGAL DESCRIPTION OF PREMISES :
That part of the South 800.00 feet of Government Lot 1, Section 9, Township 117 North,
Range 23, West of the 5th Principal Meridian, described as follows: Beginning at the Northwest
corner of said South 800.00 feet; thence East along said North line of said South 800.00 feet,
430.26 feet; thence deflecting right 12 degrees 06 minutes, 70 feet, more or less, to the shore
of Lake Minnetonka; thence southwesterly along said shore line 140 feet, more or less, to the North
line of the South 650.00 feet of said Government Lot 1; thence West along said North line to the
West line thereof; thence North along said West line to the point of beginning.
PROJECT NO: 24.15
DRAWN BY: JAL
ISSUE DATE:
FOR CONST. 1/16/25
ADD EXIST. STRUCT. OUTLINE
& LAKESHORE SETBACK LIINE
1/29/25
952 201 6076
Hopkins, MN 55343
jalarch97@gmail.com
JAL ARCHITECTS LLC JAL ARCHITECTS LLC
750 Mainstreet #414
ACCESSORY STRUCTUREFORHOWARDALTON1480 BOHN'S POINT ROADWAYZATA MN 55391of 2
Jean André LaTondresse
AIA ALA
497
498
499
500
ADJACENT PROPERTY OWNERS' ACKNOWLEDGEMENT FORM
ltweb¢r4f_/j=;fty;a;t4//4ZZ{±4jJZofz±P_i___20/ftry`f#a<AG;:::~
[print name(s)] [print address]
have reviewed the plans for the proposed improvement or proposed use of the property located at
also referred to as Land Use Application No
I (we) understand that in executing this acknowledgment, I (we) am (are) not asked to declare approval or
disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the
improvement plans and that the proposed neighbor's project or use requires Council approval.
Property owner Date
lf you have any information that may assist the City in the review of this Land UseApplication,pleasesubmityourcommentstotheBuilding&ZoningOfficeatleast10
days prior to the scheduled meeting date.
501
Hennepin County Locate & Notify Map
1480 Bohns Pt Rd
0 100 20050 Feet
Date: 1/21/2025
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
502
38 08-117-23 44 0006
GREGORY HUGH PERRILL
3220 BOHNS POINT LA
WAYZATA MN 55391
38 08-117-23 44 0007
DAVID J CONDON
DAWN M CONDON
3230 BOHNS POINT LA
WAYZATA MN 55391
38 08-117-23 44 0008
GAVIN K TEMPERO
TRISHA L TEMPERO
3260 BOHNS PT LA
WAYZATA MN 55391
38 08-117-23 44 0009
KENNETH F TEMPERO
JEANNE S TEMPERO
3265 BOHNS POINT LA
WAYZATA MN 55391
38 08-117-23 44 0010
FIRST TRUST COMPANY LLC
250 MARQUETTE AVENUE
SUITE 520
MINNEAPOLIS MN 55401
38 08-117-23 44 0024
PATRICK J HALLORAN
KATHLEEN A HALLORAN
1595 BOHNS POINT RD
WAYZATA MN 55391
38 08-117-23 44 0025
TODD A MOITZ REVOCABLE TRUST
1535 BOHNS POINT ROAD
WAYZATA MN 55391
38 08-117-23 44 0026
MAP HOLDINGS LLC
1595 BOHNS POINT RD
WAYZATA MN 55391
38 09-117-23 33 0001
J L MANDEL & P MANDEL
3155 NORTH SHORE DR
WAYZATA MN 55391
38 09-117-23 33 0002
WAGENER PROPERTIES LLC
2605 W WAYZATA BLVD
LONG LAKE MN 55356
38 09-117-23 33 0003
MAURICE J WAGENER
1420 BOHNS POINT RD
WAYZATA MN 55391
38 09-117-23 33 0004
HOWARD R ALTON III
1480 BOHNS POINT RD
WAYZATA MN 55391
38 09-117-23 33 0005
DAVID M LEAVENWORTH
1500 BOHNS POINT RD
WAYZATA MN 55391
38 09-117-23 33 0006
1520 BOHNS TRUST
1520 BOHNS POINT RD
WAYZATA MN 55391
38 09-117-23 33 0007
BROOKS WEST & AMY WEST
1540 BOHNS POINT RD
WAYZATA MN 55391
38 09-117-23 33 0008
THE NYK TRUST
1580 BOHNS POINT RD
ORONO MN 55391
38 09-117-23 33 0009
MICHAEL & CATHERINE RUSSIN
3175 NORTH SHORE DR
WAYZATA MN 55391
38 09-117-23 33 0013
BRIAN P O'CONNELL
LYNNE M RASMUSSEN
3145 NORTH SHORE DR
ORONO MN 55391
38 09-117-23 33 0015
HUTCHINS B COBURN
RANDI HOLLYN MORITZ
1406 BOHNS POINT RD
WAYZATA MN 55391
38 09-117-23 33 0016
LYNNE M RASMUSSEN
BRIAN P O'CONNELL
3185 NORTH SHORE DR
WAYZATA MN 55391
503
Date: February 18, 2025 Item: 6.11
Presenter: Laura Oakden, Community Development Director
Section: Public Hearings
Title: LA24-000063, City of Orono, Comprehensive Plan Amendment (Laura
Oakden)
1.Purpose:
The City is proposing to make minor changes to the 2040 Comprehensive Plan as follows:
• Introduction of a new Land Use class “Urban Large Lot Estate”, and
• Modification of the residential and commercial breakdown under the existing Land Use class
“Urban Medium Density Residential/Mixed-Use”
2.Background:
The Comprehensive Plan (Plan) establishes Land Use classes for each area of the city. With each
residential land use class, the Plan applies a density range, to establish an appropriate level of
density based on multiple factors, including surrounding land uses, transportation opportunities,
community character, and utility options. Developments that do not fall within the designated
density range may require an amendment to the Plan.
Currently there is a proposed project to extend sewer infrastructure to a few existing large lots on
Lake Minnetonka near the west end of Fox Street. The proposed sewer extension is located within
the Municipal Urban Sewer Area (MUSA) and has sewer located in nearby rights-of-way and
abutting developments. The proposal will extend sewer down Leaf Street, through a private road
off Fox Street that serves the existing lakeshore lots. The Comprehensive Plan guides this area for
a recommended density of 2-acres per lot. Today, the lots in this location, range from 2 - 8 acres
in size. In order to extend sewer infrastructure into this area, the lots must meet the guidance of
the Plan’s Land Use class. The city does not have an existing Land Use category to match the
existing conditions. The city and the Metropolitan Council cannot permit the sewer extension until
the Land Use classification is reflective of the existing conditions in the area.
3.Public Comment:
To date, no written comments from the public have been received, though staff has fielded a
number of calls requesting additional information. The City of Spring Park responded with no
concerns; their comments are attached as Exhibit C.
4.Staff Recommendation:
Planning Staff recommends approval of the changes as described to the Land Use tables within the
2040 Comprehensive Plan.
5.Planning Commission Action Requested:
Motion to approve LA24-000065 to amend the Comprehensive Plan
AGENDA ITEM
Exhibits
Ex A LA24-000063, Staff Report
504
Ex B Proposed Landuse- MAP.
Ex C Density calculation worksheets
Ex D Proposed Text Amendments to Chapter 3B - Land Use Plan- Pages 15 and 16 only
Ex E Public Comment- Spring Lake Park
Ex F Fox Street Sewer- preliminary plan
Ex G Mailing and Map
505
To: Chair Bollis and Planning Commission Members
Adam Edwards, City Administrator
From: Laura Oakden, Community Development Director
Date: February 18, 2025
Subject: LA24-000063, City of Orono, Comprehensive Plan Amendment
Public Hearing
Summary of Changes
Existing Land Use Classes
Class Density (Low) Density (High)
Urban Estate Density Residential 0.5 2
Urban Low Density Residential 3 8
Urban Medium/ Mixed Use 8 15
Urban Medium High Density 15 20
Urban High Density Residential 20 25
PROPOSED LAND USE CLASSES
Class Density (Low) Density (High)
URBAN LARGE LOT ESTATE (new) 0.125 0.5
Urban Estate Density Residential 0.5 2
Urban Low Density Residential 3 8
Urban Medium/Mixed Use 8 15
Urban Medium High Density 15 20
Urban High Density Residential 20 25
Background
The Comprehensive Plan (Plan) establishes Land Use classes for each area of the city. With each
residential land use class, the Plan applies a density range, to establish an appropriate level of
density based on multiple factors, including surrounding land uses, transportation opportunities,
community character, and utility options. Developments that do not fall within the designated
density range may require an amendment to the Plan.
Proposal
Currently there is a proposed project to extend sewer infrastructure to a few existing large lots on
Application Summary: The City is proposing to make minor changes to the 2040
Comprehensive Plan as follows:
• Introduction of a new Land Use class “Urban Large Lot Estate”, and
• Modification of the residential and commercial breakdown under the existing Land Use
class “Urban Medium Density Residential/Mixed-Use”.
Staff Recommendation: Planning Department Staff recommends approval of the amendment
as proposed.
506
FILE # LA24-000063
February 18, 2025
Page 2 of 3
Lake Minnetonka near the west end of Fox Street. The proposed sewer extension is located within
the Municipal Urban Sewer Area (MUSA) and has sewer located in nearby rights-of-way and
abutting developments. The proposal will extend sewer down Leaf Street, through a private road
off Fox Street that serves the existing lakeshore lots.
The Comprehensive Plan guides this area for a recommended density of 2-acres per lot. Today, the
lots in this location, range from 2 - 8 acres in size. In order to extend sewer infrastructure into this
area, the lots must meet the guidance of the Plan’s Land Use class.
The city does not have an existing Land Use category to match the existing conditions. The city and
the Metropolitan Council cannot permit the sewer extension until the Land Use classification is
reflective of the existing conditions in the area.
The solution is to amend the Plan to create a Land Use classification that is reflective of the existing
conditions. The current proposal is to create a new land use classification; Urban Large Lot Estates,
to reflect Orono’s existing lot sizes in this specific area. This new classification contemplates allowing
a few of the existing larger lakeshore lots (within the MUSA) to connect to sewer. The size of the lots
are less dense than the current density guidance under to current Land Use Plan. The current land
use class calls for 1 unit for every 2 acres and would require more development in this area.
Additionally, staff is proposing a text amendment within the Urban Medium Density
Residential/Mixed-Use category to increase the commercial/residential ratio from 70%
residential/30% commercial to 85% residential/15% commercial. Together, the proposed changes
will balance each other and ensure that sewer can be provided to environmentally sensitive
properties around Lake Minnetonka, yet allow the city to maintain the density standards of 3
units/acre throughout areas of the city with existing sewer connections.
Plan Analysis
The City is required by a Metropolitan Council mandate to meet certain goals in the areas of
affordable housing, growth opportunity, and density:
Affordable Housing. The proposed amendment will not impact the affordable housing
requirements within the city. The City must provide an opportunity for 154 new affordable
housing units. The Met Council recognizes that densities at 8 units per acre satisfy the
affordable housing goal for the City of Orono. The city meets this by guiding the appropriate
number of acres at a density greater than 8 units per acre.
Sewered Growth. The City must provide opportunity for sewered growth to meet the
expected demand in the time periods from 2020-2030 and 2031-2040. This is accomplished
by identifying parcels with the potential to develop with city sewer in the given time
periods. While the city cannot require development of any parcel, planning ahead for the
growth is important for bolstering infrastructure, services, and schools. The proposed plan
allows for sewered growth within environmentally sensitive areas, such as lakeshore lots,
and additional opportunities for housing in the city’s commercial corridors, such as Wayzata
Boulevard and Shoreline Drive.
Density. The city must develop at an overall density average of 3.0 units per acre in its
sewered area. The city wants to provide sewer access to areas adjacent to the lake without
507
FILE # LA24-000063
February 18, 2025
Page 3 of 3
increasing the density in those areas, so higher density is identified as appropriate in other
areas. The proposed amendment will allow existing large lots in sensitive areas to connect
to sewer and will allow a mixed use of residential and commercial where the city has
identified opportunities for density.
Table 3B-4 from the Plan is attached as Exhibit B. This table identifies parcels eligible for
development, their guided land use and density, anticipated growth period, Metropolitan Urban
Service Area (MUSA), and Traffic Analysis Zone (TAZ).
This amendment is not introducing a higher density class within the city, rather it reflects the density
of the current built environment.
Public Comments
To date, no written comments from the public have been received, though staff has fielded a
number of calls requesting additional information. The City of Spring Park responded with no
concerns; their comments are attached as Exhibit C.
Issues for Consideration
1. Does the Planning Commission find the Land Use classification changes to be appropriate?
2. Are there any other issues or concerns with this application?
Planning Staff Recommendation
Planning Staff recommends approval of the changes as described to the Land Use tables within the
2040 Comprehensive Plan.
508
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CascoPoint
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LakeMinnetonka
BrownsBay
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KatrinaLake
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LangdonLake
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Finch Ln9thA v e NOld Crystal Bay Road NOldLongLake
Ro
a
dLeroy St23rd Ave N
County Road 83Lyric Ave
Sussex DrSpring HillRoadTe m pleDr Crown Dr
E
astw oodRoad5thA veN
Fox St
Moline Road Tamarack DrDeborahDr
Farvie w Ln
C y gnetPlW Branch Road
Turner Road
S hore l i n e Dr
Wa yza ta Blvd E
W a y z a t a B l vdW
1 8 thAveN
Map Document: \\Arcserver1\GIS\ORNO\C13114814\ESRI\Maps\LandUse\ORNO_3B-3_PlannedLanduse_11x17L.mxd | Date Saved: 8/2/2021 1:31:47 PM2040 Comprehensive PlanOrono, MN Proposed Future Land UseAugust 2021
Legend
City Limits
2040 MUSA
Lakes & Ponds
Rivers & Streams
0 3,500FeetSource: Met. Council, City of O rono, He nnepin County, MnDO T
!I
Land Use Classes
Rural Preserve(1 unit / 5 acres)
RuralResidential (1unit / 2 acres)
IslandResidential
Urban EstateDensityResidential (0.5- 2 units / acre)
Urban LowDensityResidential (3 -8 units / acre)
Urban MediumDensityResidential /Mixed Use 8 -15 units / acre)
Urban MediumHigh DensityResidential (15 -20 units / acre)
Urban HighDensityResidential (20 -25 units / acre)
Commercial /Office
Industrial
Park,Recreational,and OpenSpace
Map 3B-3a
DickeysLake
GVWX112 W ayzata Blvd WWillow Dr NKelley PkwyOld Crystal Bay Road NWillowViewDr
BrownRoadNDickey LakeDrSugarwoodDr
Density Reduced to 8 - 15 units/acreLakeMinnetonka
GVWX19
GVWX15 Blaine AveNavarreLnS
ha
dywoodRoad
Shoreline Dr
N o r t h e r n A v e
Navarre AveLivi ngston Ave
Crystal Pl
Lyric A v e
O liveAve
B a yviewPl
KellyAve
Inset 1
Inset 2
Inset 1
Inset 2
509
A B C D E F G H I
Dumas Urban Medium High/ Mixed Use Residential
(8-15 u/a)25.1 8 200.8 200.8 32 921
Eisinger Flats Urban High (20-25 u/a)10 20 200 200 50 921
Eisinger Meadows Urban Low Density (3-8 u/a)5 3 15 15 50 921
40.1 415.8 215 200.8
St. Thomas Prop Urban Medium High/ Mixed Use Residential
(8-15 u/a)3.69 8 29.52 29.52 10 922
2060 Wayzata Urban Medium High (15-20 u/a)2.51 15 37.65 37.65 10 923
6.2 67.2 67.17 0
Area C, North Fire Station Area
Hwy 12 frontage Urban low (3-8 u/a)1.7 3 5.1 5.13 34 929
Garden Prop.Urban low (3-8 u/a)3.4 3 10.2 10.23 34 929
Glendale Drive Urban low (3-8 u/a)3.8 3 11.5 11.46 34 929
8.9 26.8 0 26.82
Area D (Sewer extension into large lot areas/ Lake protection) Urban Low Density
690 Brown Rd Urban Estate (0.5-2 Units /Acre)18 0.5 9 9 40 927
740 Brown Rd Urban Estate (0.5-2 Units /Acre)3.18 0.5 1.59 1.59 40 927
3400 Fox Urban Large Lot Estate (0.125-0.5 Units /Acr 5.26 0.125 1 1 31 954
3295 Fox Urban Large Lot Estate (0.125-0.5 Units /Acr 4.23 0.125 1 1 31 931
3345 Fox Urban Large Lot Estate (0.125-0.5 Units /Acr 4.69 0.125 1 1 31 931
3350 Fox Urban Large Lot Estate (0.125-0.5 Units /Acr 7.12 0.125 1 1 31 954
3320 Fox Urban Large Lot Estate (0.125-0.5 Units /Acr 3.06 0.125 1 1 31 954
3300 Fox Urban Large Lot Estate (0.125-0.5 Units /Acr 4.55 0.125 1 1 31 954
3280 Fox Urban Large Lot Estate (0.125-0.5 Units /Acr 4.95 0.125 1 1 31 954
3250 Fox Urban Large Lot Estate (0.125-0.5 Units /Acr 5.31 0.125 1 1 31 954
3200 Fox Urban Large Lot Estate (0.125-0.5 Units /Acr 4.12 0.125 1 1 31 954
3175 Fox Urban Large Lot Estate (0.125-0.5 Units /Acr 7.49 0.125 1 1 31 954
3125 Fox Urban Large Lot Estate (0.125-0.5 Units /Acr 7.44 0.125 1 1 31 954
825 Old Crystal Bay R Urban Estate (0.5-2 Units /Acre)17.61 0.5 8 8 31 954
1700 Shoreline Urban Estate (0.5-2 Units /Acre)20.14 0.5 10 10 37 955
1100 Millston Rd Urban Estate (0.5-2 Units /Acre)12.7 0.5 6 6 37 955
1003 Wildhurst Urban Estate (0.5-2 Units /Acre)10 0.5 4 4 1 953
135 Orono Orchard Urban Estate (0.5-2 Units /Acre)13 0.5 6 6 53 928
365 Old Crystal Bay R Urban Estate (0.5-2 Units /Acre)5.85 0.5 2 2 54 931
158.7 57.59 6 51.59
Area E Navarre Area
3880 Shoreline
(Hennepin County)
Urban Medium High/ Mixed Use Residential
(10-20 u/a)9.37 8 75.0 74.96 1 958
3890 Shoreline Urban Medium High/ Mixed Use Residential
(10-20 u/a)0.68 8 5.4 5.44 1 958
3860 Shoreline Urban Medium High/ Mixed Use Residential
(10-20 u/a)0.64 8 5.1 5.12 1 958
3850 Shoreline Urban Medium High/ Mixed Use Residential
(10-20 u/a)0.78 8 6.2 6.24 1 958
3800 Shoreline Urban Medium High/ Mixed Use Residential
(10-20 u/a)0.7 8 5.6 5.6 1 958
3596 Shoreline Urban Medium High/ Mixed Use Residential
(10-20 u/a)0.62 8 5.0 4.96 1 958
2389 Blaine Urban Medium High/ Mixed Use Residential
(10-20 u/a)1.11 8 8.9 8.88 1 958
3574 Shoreline Urban Medium High/ Mixed Use Residential
(10-20 u/a)0.47 8 3.8 3.76 1 958
3572 Shoreline Urban Medium High/ Mixed Use Residential
(10-20 u/a)0.31 8 2.5 2.48 1 958
3542 Shoreline Urban Medium High/ Mixed Use Residential
(10-20 u/a)0.46 8 3.7 3.68 1 958
3502 Shoreline Urban Medium High/ Mixed Use Residential
(10-20 u/a)0.31 8 2.5 2.48 1 958
3496 Shoreline Urban Medium High/ Mixed Use Residential
(10-20 u/a)0.31 8 2.5 2.48 1 958
3480 Shoreline Urban Medium High/ Mixed Use Residential
(10-20 u/a)0.15 8 1.2 1.2 1 958
3472 Shoreline Urban Medium High/ Mixed Use Residential
(10-20 u/a)0.15 8 1.2 1.2 1 958
3468 Shoreline Urban Medium High/ Mixed Use Residential
(10-20 u/a)0.15 8 1.2 1.2 1 958
3465 Lyric Urban Medium High/ Mixed Use Residential
(10-20 u/a)0.62 8 5.0 4.96 1 958
3440 Shoreline Urban Medium High/ Mixed Use Residential
(10-20 u/a)0.15 8 1.2 1.2 1 958
Forfiet Land Urban Medium High/ Mixed Use Residential
(10-20 u/a)0.15 8 1.2 1.2 1 958
Forfiet Land Urban Medium High/ Mixed Use Residential
(10-20 u/a)0.1 8 0.8 0.8 1 958
Parking Lot Urban Medium High/ Mixed Use Residential
(10-20 u/a)0.86 8 6.9 6.88 1 958
2520 Shadywood Urban Medium Density (3-10 u/a)2.02 3 6.1 6.06 1 956
3770 Shoreline
(Firestation)
Urban Medium High/ Mixed Use Residential
(10-20 u/a)4 8 32.0 32 1 958
24.11 182.78 38.06 144.72
85% Residential 20.5 155.4
Planned Totals 234.4 723 326 424
523 340
3.1
# of acres at 8 units per acre or greater 63.39 *Verify that the parcels are guided for 8 u/a+
Number of units 644.69
The city must provide opportunity to meet its expected demand of housing growth in two terms, 2020-
Surplus (Deficit) of housing opportunities
Calculated Density (number of acres/ number of lots)
Affordable Housing. The city must provide opportunity for affordable housing. In Orono, this is
achieved by guiding acres at densities greater than 8 units per acre. Orono must provide for 154 units
Area D Total
Area E Total
Area C Total
Predicted Growth in Sewered Areas, Net Density Table 3B-4 (Amendments 1-6) ** Edit 1.8.25 for Amend #7
Name Land Use Category
Net
Residential
Acres (NRA)
Lowest
Guided
Density
Predicted #
of units
(C x D)
2021-2030
Growth
(Households)
2031-2040
Growth
(Households)
MUSA Part TAZ Zone
Area A
Area A Total
Area B
Area B Total
Green areas were edited to
reflect a new land use
classification (Large Lot
Estates-1units for 2-8 acres in
range)
Green areas were edited to reflect
increased residenital portion in
Urban Medium High/ Mixed Use
Residential from 70% residential to
85%. This additional residential
proportion off sets the newly
created Land Use Classification for
lower density
510
2021-2030 2031-2040 2021-20302031-2040
326 437 326 424
225 340 225 340
101 97 101 84
Comp Plan Change Dashboard Current (up to Amend #6)With adjustments as
Density (Units/ acres)3.21 3.10
Growth
Provided
equired (Table 3B-6, as amended
Difference
Affordable Housing (acres 63.39 61.7
Total units 617.59 596.37
Required # units 154 154
Difference 463.59 442.37
The current Land Use Classification decreases our
overall Density to under 3 units / acre (2.79) It off set
additional density can and should be added into the
mixed use classification to more accurately reflect the
built enviornment. This increased the City's density to
3.1 meeting the Density requirment and allowing sewer
in the large lot estate area to support lake lots and
preserve open space around the lake.
511
Urban Large Lot Estate
Residential (0.5-0.125)58.2 7.3
Urban Estate Residential (0.5-2 u/a)100.6 50.3
Urban Low Residential (3-8 u/a)16.0 47.9
Urban Medium High/ Mixed Use
Residential (8-15 u/a)46.8 374.2
Urban Medium High (15-20 u/a)2.5 37.7
Urban High Density Residential (20-
25 u/a)10.0 200.0
Totals 234.0 717.3
3.1
Table 3B-5 Net Density by Land Use (Amendments 1-6)
# of units (NRA x lowest guided density)
Net Density of Sewered Growth
Planned Development Area Net Residential Acres (NRA)
512
CMP Part 3B. General Land Use Plan
City of Orono Community Management Plan 2020-2040 Part 3B, Page 15
structures
4. Urban Large Lot Estates (0.125-0.5 units per acre)
The is intended for areas that have developed in a land use pattern of large lots in
environmentally sensitive areas around the lake. These lots have access or sanitary sewer
services. These lots are impactful to lake water quality and lake characters. Theses lots are
directly abutting lakeshore and would benefit the overall environment by ensuring their
connection to sewer and retaining the large open space and green cover within the sensitive
areas. Residential dwellings units will be provided as single family detached structures.
5. Urban Estate Residential (0.5-2 units per acre)
This is intended for areas that have developed in a land use pattern of lots developed many decades
ago smaller than 1 acre, and have access to sanitary sewer services. These lots have a particular impact
on lake water quality, and lake character and storm water management, massing, and hardcover
controls are critical to the retention of this character. Residential dwelling units will be provided as
single family detached structures.
6. Urban Low Residential (3-8 units per acre)
This higher density will be reserved for properties deemed by the City Council to be so uniquely
situated that residential development at the prescribed density will not negatively impact surrounding
land uses. Such properties must have municipal sewer and water available. Other factors that will be
taken into consideration in determining the appropriate locations for this density will include proximity
to and the need for other urban utilities and services in relation to the proposed use; transportation
system impacts and site access; and the ability of the proposed use to meet City housing goals.
Residential dwelling units will be provided as single and two family structures.
7. Urban Medium / Mixed Use Residential (8-15 units per acre)
This land use designation is reserved for specific sites, which based on their proximity to services and
transportation corridors are deemed appropriate for higher density projects.
The Mixed Use Residential designation is intended for established commercial areas on higher
classification transportation routes to introduce an element of higher density residential. This
residential component will serve to augment the commercial uses with a near-by customer base and to
provide an efficient use of land. The properties targeted for Mixed Use classification are in the Navarre
area, including a number of commercially zoned properties abutting Shadywood Road, and additional
commercial and residential properties abutting Shoreline Drive. This Mixed Use designation is
intended to allow for the possibility of higher density multi-family residential development such as
senior and assisted living, townhomes, condominiums or apartment buildings. Under the Mixed Use
designation, properties currently zoned for residential use are not intended to be converted to
commercial property, but existing commercial property could be converted to higher-density
residential use or mixed residential-commercial uses in the same buildings. The City may also consider
new zoning standards to regulate potential mixed-use projects.
The Metropolitan Council requires that communities provide a measurement of forecasted
employment. Acceptable measures include floor area ratios, building footprint percentages or
impervious surface percentages. The City anticipates mixed use within the context of the
neighborhood, and not necessarily specific to a particular parcel. Where employed, the City can
513
CMP Part 3B. General Land Use Plan
City of Orono Community Management Plan 2020-2040 Part 3B, Page 16
envision ground level commercial services, with 2nd and 3rd level residential, though that is not the
expected universal development pattern. The employment and service centers in Orono are very
suburban in nature, equating to low Floor Area Ratios (FAR). The City anticipates development and
redevelopment of its employment and service centers to continue that development pattern, given the
City’s goals toward open space, stormwater management, and relatively modest building scale. The
City anticipates its commercial and mixed use areas to be driven by retail and service industries, with
a corresponding FAR between 0.2 and 0.35.
Properties in Area E of Table 3B-4 and Map 3B-4 are the primary candidates for mixed use
development. The City has identified 51 net acres of properties that could be developed or
redeveloped in the next 20 years. Based on the height limit (30 feet) and the desire for commercial
services to mix with residential, the City anticipates 70% 85% of Area E to convert to residential uses,
the remaining 30% to Commercial. Assuming a FAR ratio of 0.25 to 0.45, there is the potential of
418,000 and 731,000 sq ft of building area. Assuming up to a third of that being used for Commercial
purposes, that nets between 125,400 and 219,500 sq ft of commercial space, in Area E.
Total Sq Ft (Total
SF * FAR)
1/3 of area for
Commercial
Jobs, Assuming
1000 sqft per
worker
FAR
0.25 522,720 172,498 172
FAR
0.45 940,896 310,496 310
Applying the Commercial Building Energy Consumption Survey findings*, in particular the median
square feet per worker, we can extrapolate a conservative estimate of 1000 sq ft per worker, based on
likely retail, office or service employment, census region, climate, and number of floors. This yields
a range of potential employment of between 172 and 310 workers in Area E alone.
* Commercial Building Energy Consumption Survey completed by the US Energy Information Administration, updated December,
2016
8. Urban Medium High Density Residential (15-20 units per acre)
This land use designation is reserved for specific sites, which based on their proximity to services and
transportation corridors, are deemed appropriate for higher density projects, but not appropriate for
the highest densities. Other factors that will be taken into consideration in determining the appropriate
locations for this density will include proximity to and the need for other urban utilities and services
in relation to the proposed use; transportation system impacts and site access; and the ability of the
proposed use to meet City housing goals. Residential dwelling units are anticipated to be provided as
3-5 unit townhomes, apartments, condominiums, and senior housing structures, no higher than 30 feet
in defined height.
9. Urban High Density Residential (20-25 units per acre)
This land use designation is reserved for specific sites, which based on their proximity to services and
transportation corridors, are deemed appropriate for higher density projects. Other factors that will be
taken into consideration in determining the appropriate locations for this density will include proximity
to and the need for other urban utilities and services in relation to the proposed use; transportation
system impacts and site access; and the ability of the proposed use to meet City housing goals.
514
From:Mike Anderson
To:Laura Oakden
Subject:RE: City of Orono- Proposed Comprehensive Plan Amendment
Date:Monday, February 3, 2025 10:52:05 AM
Hey Laura,
Spring Park has no comments
Thanks!
Mike Anderson
City Administrator
City of Spring Park
952-999-7493
From: Laura Oakden <loakden@oronomn.gov>
Sent: Friday, January 31, 2025 1:37 PM
To: Mike Anderson <manderson@ci.spring-park.mn.us>
Subject: City of Orono- Proposed Comprehensive Plan Amendment
Hello Mike,
The City of Orono is considering a Comprehensive Plan amendment to create a new land use
classification and amend the commercial/residential ratio of an existing land use classification.
We are proposing to create a new land use classification “Urban Large Lot Estates” to reflect
Orono’s existing lot sizes in a specific area. This new classification contemplates allowing a select few
of the existing larger lakeshore lots (within the MUSA) to connect to sewer. The size of the lots do
not meet the current density guidance.
Additionally, we are proposing a text amendment within the Urban Medium Density
Residential/Mixed-Use to increase the ratio from 70% residential/30% commercial to 85%
residential/15% commercial. Together, the proposed changes will ensure that sewer can be
provided to environmentally sensitive properties around Lake Minnetonka and allow the city to
maintain the density standards of 3 units/acre throughout the sewered areas of the city.
The proposed amendment will not change the projected households, population, employment, or
traffic volumes in the city.
A map and the proposed language are attached for your review. I’ve clouded the attached map
areas in red; the language changes are noted in red text on pages 15-16 of the attached Word
document. The tables are currently being updated and don’t yet reflect the proposed changes. We
anticipate that the amendments can be completed through the Met Council’s administrative review
process. However, since the text amendment impacts a land use classification abutting our shared
city boundary with Spring Park, we wanted to inform you directly of the proposal.
515
A public hearing for the proposed amendment is planned for the February 18th, 2025 Planning
Commission date; the City Council review is anticipated for either the February 24th or March 10th
regular Council meeting dates.
Please respond to me at loakden@oronomn.gov by February 18th, 2025 to:
1. Provide your comments on the proposed changes, or
2. Confirm that you do not have comments.
Laura Oakden
Community Development Director
City of Orono
Direct: 952-249-4602
2750 Kelley Parkway, Orono, MN 55356
www.oronomn.gov
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517
518
519
520
521
522
38 04-117-23 33 0010
DAVID & ANN MAASS
P O BOX 392
LONG LAKE MN 55356
38 04-117-23 33 0011
HANY NADA
MARY NADA
401 YALE RD
MENLO PARK CA 94025
38 05-117-23 43 0005
FOX STREET TRUST
3400 FOX ST
LONG LAKE MN 55356
38 05-117-23 44 0003
WILLIAM L TRUBECK
3300 FOX ST
LONG LAKE MN 55356
38 05-117-23 44 0006
SF REAL ESTATE LLC
3345 FOX ST
ORONO MN 55356
38 05-117-23 44 0007
SF REAL ESTATE LLC
C/O MARCEL SMITS
3345 FOX ST
LONG LAKE MN 55356
38 05-117-23 44 0008
3350 FOX STREET LLC
3350 FOX ST
LONG LAKE MN 55356
38 05-117-23 44 0009
HUANG/WANG LIVING TRUST
3320 FOX ST
LONG LAKE MN 55356
38 05-117-23 44 0010
SF REAL ESTATE LLC
C/O MARCEL SMITS
3345 FOX ST
ORONO MN 55356
38 05-117-23 44 0011
WINTERROCK HOLDINGS LLC
3288 FOX ST
ORONO MN 55356
38 05-117-23 44 0012
MALLORY MULLINS/MARTIN LUECK
3250 FOX ST
P O BOX 576
LONG LAKE MN 55356
38 05-117-23 44 0013
MALLORY MULLINS/MARTIN LUECK
3250 FOX ST
P O BOX 576
LONG LAKE MN 55356
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Hennepin County Locate & Notify Map
0 200 400100 Feet
Date: 12/31/2024
Buffer Size:
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
524