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04-21-2025 - Agenda Packet Planning Commission - Packet
Agenda Planning Commission Monday, April 21, 2025, 6:00 PM 2780 Kelley Parkway, Orono, MN 55356 952-249-4600 /oronomn.gov 1. Call to Order 2. Pledge of Allegiance 3. Other Items 3.1. Oath of Office- Sam Tift and Shane Weltzin 4. Approval of Agenda 5. Approval of Minutes 5.1. Planning Commission Minutes of March 17, 2025 6. Public Hearings 6.1. LA25-000010, Ashley Mehbod, 2625 North Shore Drive, Lake Setback and Hardcover Variances (Melanie Curtis) 6.2. LA25-000011, Rehkamp Larson Architects, 3275 Carman Road, Variances (Matthew Karney) 6.3. LA25-000012, PKA Architecture, 1205 Tonkawa Road, Average Lakeshore Setback, Lake Setback Variances & Plumbing in an Accessory Building. (Melanie Curtis) 6.4. LA25-000013, Anderson Engineering, 200 Woodhill Road, Interim Use Permit (Matthew Karney) 7. New Business 7.1. LA25-000014, Revisions to City Code regarding the Keeping of Animals in Residential Districts (Matthew Karney) 8. Adjournment Audience Members: Information regarding each of the agenda items is available on the city website under meetings and in the public packet located in the lobby near the entrance. Applicants will be asked to move to the lectern to answer questions after staff presents the application. The Planning Commission is an advisory body to the City Council. If action is taken on any items on this agenda, they will be scheduled for an upcoming City Council meeting. A quorum of the City Council may be in attendance of a Planning Commission meeting to hear comments made, though no action or deliberation of the Council will occur. Sign up for email notifications at https://www.oronomn.gov/ 1 Date: April 21, 2025 Item: 3.1 Presenter: Laura Oakden, Community Development Director Section: Other Items Title: Oath of Office- Sam Tift and Shane Weltzin 1.Purpose: Conduct the Oath of Office for Sam Tift and Shane Weltzin 2.Background: Sam Tift and Shane Weltzinr are newly appointed Planning Commissioners. The Council approved the new appointments at the March 10, 2025 Meeting. Each member should restate the Oath of Office to begin their appointments. 3.Planning Commission Action Requested: Sam Tift and Shane Weltzin should state the Oath Of Office AGENDA ITEM Exhibits Resolution 7570 Appoint Planning Commissioners Oath of Office 2 Op CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7570gkESHO 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 24, 2025; 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 March 31, 2026 Sam Tift Planning Commissioner March 31, 2026 Shane Weltzin Planning Commissioner Alternate March 31, 2026 -Annual Mark McCutcheon Planning Commissioner Alternate March 31, 2026 Ted Schutlze Adopted by the City Council of Orono, Minnesota at a regular meeting held March 10, 2025. ATTEST:pop CITY OF ORONO l Christine. .n,it Clerk Bob Tunheim, Mayor 3 OATH OF OFFICE OATH I, Sam Tift , do solemnly swear that I will support the Constitution of the United States and the Constitution of the State of Minnesota, and that I will faithfully discharge the duties of the Office of Planning Commissioner of the City of Orono in the County of Hennepin, the State of Minnesota, to the best of my judgment and ability. ________________________________________________________________ Signature State of Minnesota ss. County of Hennepin Subscribed before me this 21 th day of April, 2025 (stamp)_________________________________ Signature 4 OATH OF OFFICE OATH I, Shane Weltzin , do solemnly swear that I will support the Constitution of the United States and the Constitution of the State of Minnesota, and that I will faithfully discharge the duties of the Office of Planning Commissioner of the City of Orono in the County of Hennepin, the State of Minnesota, to the best of my judgment and ability. ________________________________________________________________ Signature State of Minnesota ss. County of Hennepin Subscribed before me this 21th day of April, 2025 (stamp)_________________________________ Signature 5 6 Date: April 21, 2025 Item: 5.1 Presenter: Laura Oakden, Community Development Director Section: Approval of Minutes Title: Planning Commission Minutes of March 17, 2025 1.Purpose: Approve the Planning Commission Minutes 2.Planning Commission Action Requested: Approve the Planning Commission Regular Minutes of March 17, 2025 AGENDA ITEM Exhibits 03.17.2025 Planning Commission Minutes 7 Minutes Planning Commission Regular Meeting Monday,March 17, 2025, 6:00 PM City Council Chambers 2780 Kelley Parkway, Orono, MN 55356 Page 1 of 3 Chair Bollis called the meeting to order at 6:00 p.m., followed by the Pledge of Allegiance. 1.ROLL CALL Orono Planning Commission members present:Chair Chris Bollis, Commissioners Mark McCutcheon (arrived at 6:02 p.m.)Jon Ressler,Andrew Jarnot, and Thomas Brandabur.Commissioners Kelly Prchal, was 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 Ressler moved, Jarnot seconded, to approve the Agenda. VOTE: Ayes 4, Nays 0. 4.APPROVAL OF PLANNING COMMISSION MEETING MINUTES OF FEBRUARY 18, 2025 Ressler moved, Brandabur seconded, to approve the minutes of the Orono Planning Commission meeting of February 18, 2025. VOTE: Ayes 4, Nays 0. McCutcheon arrived at 6:02 p.m. 5.PUBLIC HEARINGS 5.1.LA25-000007,MATT JASPER, 4745 NORTH SHORE DRIVE, AFTER-THE-FACT CONDITIONAL USE PERMIT AMENDMENT The Planning Commission is requested to review the Staff report, receive a presentation,and discuss an after-the-fact conditional use permit for retaining walls that deviated from the plan initially approved by the City. The Planning Commission discussed the item and asked questions of staff and the applicant, Matt Jasper, 4745 North Shore Drive. Chair Bollis opened the public hearing at 6:20 p.m. There were no public comments. Chair Bollis closed the public hearing at 6:20 p.m. Commissioners said the contractors did a good job and the result achieved the goal that the City approved originally, and they supported the staff recommendation that there be a planting plan for screening, but noted that things happened in the wrong order with a change being requested after the fact. Several said the engineer should be asked to come back with an explanation and there should be feedback from the City Engineer. 8 Minutes Planning Commission Regular Meeting Monday,March 17, 2025, 6:00 PM City Council Chambers 2780 Kelley Parkway, Orono, MN 55356 Page 2 of 3 McCutchen moved, Jarnot seconded, to approve LA25-000007, 4745 North Shore Drive, After-the- Fact Conditional Use Permit Amendments as built conditioned on a landscaping plan and engineering review. VOTE: Ayes: 5, Nays 0. 5.2 LA25-000009, MIDCO, 3245 WAYZATA BLVD. WEST, INTERIM USE PERMIT The Planning Commission is requested to review the Staff report, receive a presentation,and discuss and approve the interim use permit for temporary facilities for construction. The Planning Commission discussed the item and asked questions of staff and representatives of the applicant, Midco of Wayzata. Chair Bollis opened the public hearing at 6:56 p.m. There were no public comments. Chair Bollis closed the public hearing at 6:56 p.m. Commissioners agreed the plan was necessary and the temporary location for construction materials was workable. Ressler moved, McCutcheon seconded, to approve LA25-000009, 3245 Wayzata Blvd W, Interim Use Permit. VOTE: Ayes: 5, Nays 0. 5.3 LA25-000002, CITY OF ORONO TEXT AMENDMENT: CITY CODE SECTION 78-1279(6) – AVERAGE LAKESHORE SETBACK The Planning Commission is requested to review the Staff report, receive a presentation,and discuss and approve the amendment to the City Code to clarify Average Lakeshore Setback and correct typos. The Planning Commission discussed the item and asked questions of staff. Chair Bollis opened the public hearing at 7:02 p.m. There were no public comments. Chair Bollis closed the public hearing at 7:02 p.m. Commissioners agreed with the Staff presentation. McCutheon moved, Ressler seconded, to approve LA25-000002, City of Orono Text Amendment: City Code Section 78-1279(6).VOTE: Ayes: 5, Nays 0. 6.OLD BUSINESS 9 Minutes Planning Commission Regular Meeting Monday,March 17, 2025, 6:00 PM City Council Chambers 2780 Kelley Parkway, Orono, MN 55356 Page 3 of 3 6.1 LA24-000054, ROB PAGE, 430 OLD CRYSTAL BAY ROAD NORTH, CONDITIONAL USE PERMIT,PRELIMINARY PLAT AND SITE PLAN REVIEW The Planning Commission is requested to review the Staff report, receive a presentation,and discuss and approve or deny the application for a garage condo development.The Commission had tabled the request at the February meeting requesting additional information. The Planning Commission discussed the item and asked questions of staff and the applicant, Rob Page, Shorewood,David Ramsey,and Matt Hagstrom, Hagstrom Engineering,Alexandria, MN. Commissioners were concerned about parking, questioning whether all short-term parking could actually happen within the units. They noted the Fire Department did not have issues with the plan. Commissioners envisioned situations where there could be parking outside that blocked emergency vehicles or where vehicles are parked outside while vehicles or items are being delivered or picked up. They suggested designating one parallel parking space in front of each unit for temporary parking. Commissioners were also concerned about overall density but said the appearance of the proposed buildings was aesthetically pleasing. Commissioners said in general they were in favor of the application but debated tabling the plan again or voting to deny so it could go immediately to the City Council with the Commission’s comments. Ressler moved McCutcheon seconded, to deny LA24-000054, 430 Old Crystal Bay N, Conditional Use Permit, Preliminary Plat and Site Plan Review as applied. VOTE: Ayes: 4, Nays 1 (Brandabur) 7.OTHER ITEMS 7.1 APPOINT A VICE CHAIR Brandabur moved, Bollis seconded, to appoint Jon Ressler as vice chair of the Planning Commission to fill a vacancy created by the resignation of the previous vice chair. VOTE: Ayes: 4, Nays 0, Abstain 1 (Ressler) 8.ADJOURNMENT McCutcheon moved, Jarnot seconded, to adjourn the Planning Commission Meeting at 9:21 p.m.to April 24, 2025.VOTE: Ayes 5, Nays 0. ATTEST: _________________________________________ Christopher Bollis, Chair 10 Date: April 21, 2025 Item: 6.1 Presenter: Melanie Curtis, Planner Section: Public Hearings Title: LA25-000010, Ashley Mehbod, 2625 North Shore Drive, Lake Setback and Hardcover Variances (Melanie Curtis) 1.Purpose: This application contemplates lake setback and hardcover variances to support an expanded open porch addition. 2.MN§15.99 Application Deadline: This application was submitted on February 26, 2025 and considered to be complete on March 25th. The 60-day review period will end on May 24, 2025. 3.Background: The applicant requests to construct a new, larger 234 square foot covered porch addition on the west side of the home to replace an existing 55 square foot porch. Due to the location of the existing home 30 feet from the OHWL, lake setback and hardcover variances are required. For more detail on the project and a full variance analysis please reference the Planning Report attached as Exhibit A. 4.Public Comment: Public comments were received in support of the variances and are attached as Exhibit H. 5.Staff Recommendation: Staff recommends approval. 6.Planning Commission Action Requested: Planning Commission should consider a motion to approve the variances as applied. AGENDA ITEM Exhibits Exhibit A - Staff Report Exhibit B - Application Exhibit C - Practical Difficulty Exhibit D - Survey Exhibit E - Plans Exhibit F - Submitted HC Calcs Exhibit G - Aerial Photos Exhibit H - Public Comments Exhibit I - Labels & Map 11 Date Application Received: 02/26/2025 Date Application Considered as Complete: 03/25/2025 60-Day Review Period Expires: 05/24/2025 To: Chair Bollis and Planning Commission Members Adam Edwards, City Administrator From: Melanie Curtis, Planner mcc Date: 21 April 2025 Subject: #LA25-000010, Ashley Mehbod, 2625 North Shore Drive, Variances Public Hearing Background The home on the subject property was constructed in the 1920’s; it has been remodeled over the years. The existing home is situated 30.2 feet from the lake where a 75-foot setback is required. The applicant requests variances to construct a new 234 square foot open porch/covered terrace where a 55 square foot roofed porch currently exists resulting in new building footprint and hardcover within the 75-foot setback. The new porch addition is proposed on the west side of the home, 44.6 feet from the lake, approximately 7 feet closer to the lake than the existing porch. The current home is 30.2 feet from the OHWL. The applicant is proposing to remove 210 square feet of existing sidewalk to offset the addition. Accounting for the proposed removals, the project will add 24 square feet of hardcover to the 75-foot zone. Practical Difficulties Analysis Applicant Submittal Information: The applicant has identified the nonconforming location of the home within the 75-foot setback as the primary practical difficulty supporting the requested variance(s). Additionally, they have provided supporting documentation regarding Practical Difficulties, Exhibit C, and should be asked for additional testimony regarding the application. Planning Staff Practical Difficulty Analysis: The home was constructed nearly 100 years ago, well before our current setback requirements. At the time, the large wetland on the property likely dictated the original placement of the homes in this area including the applicant’s home. Staff finds the practical difficulties inherent in the location of the existing home; its current proximity to the lake may support the requested variances. The variances requested for the proposed porch addition may be reasonable considering that the new porch will replace a slightly smaller porch in this location, and it will not change the overall character of the neighborhood. The new porch will not encroach closer to the lake than the existing home, will conform to all of the other required setbacks, and will be screened by existing vegetation from the western neighbor and the lake. Application Summary: The applicant requests a lake setback and a hardcover variance to support the construction of a new covered porch. Staff Recommendation: Planning Department Staff recommends approval. 12 FILE #LA25-000010 21 April 2025 Page 2 of 4 LOT ANALYSIS WORKSHEET Section 78-305 - Setbacks: LR-1A Required Existing Proposed Rear/Street 50’ +250’ No change East Side 30’ 54’ No change West Side 30’ 88’ 95’ (addition) Wetland 35’ 130’ No change Lakeshore 75’ 30.2’ (house) 51’ (existing porch) 44.6’ (addition) Average Lakeshore The existing home and proposed addition conform to the average lakeshore setback, as both adjacent homes are closer to the lake than the applicants’ home. Section 78-305 - Lot Area/Width: LR-1A Lot Area Lot Width Required 87,120 s.f. (2.0 acres) 200’ Actual 85,950 s.f. (1.9 acres) 258’ @ 75’ / 267’@ OHWL Section 78-1403- Structural Coverage: Total Lot Area Total Structural Coverage 85,950 s.f. (1.9 acres) Allowed: 17,190 s.f. (20%) Existing: 4,541 s.f. (5.3%) Proposed: 4,720 s.f. (5.5%) Sections 78-1680 and 78-1700 -Hardcover Calculations: Stormwater Overlay District Tier Total Area in Zone Allowed Hardcover Existing Hardcover Proposed Hardcover Tier 1 85,950 s.f. 21,487 s.f. (25%) 12,895 s.f. (15%) 12,919 s.f. (15%) Applicable Regulations: Lake Setback Variance (City Code Section 78-1279) The majority of the home is situated within the 75-foot lake setback, as close as 30 feet to the OHWL. The proposed addition will be set back 44.6 feet from the OHWL. Hardcover Variance (City Code Section 78-1680) The property's hardcover is well below 25%. The majority of the existing home footprint is within the 75-foot setback, accounting for approximately 6% of the site’s hardcover. The porch addition will add 179 square feet of hardcover within the 75-foot setback; however, the applicant is proposing to remove sidewalk hardcover to offset this, resulting in a net increase of 24 square feet. 13 FILE #LA25-000010 21 April 2025 Page 3 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 proposed addition to the home is reasonable and results in a minimal setback encroachment. The variances are in harmony with the intent of the Ordinance. 2. The variance is consistent with the comprehensive plan. The requested variance is in line with the residential goals outlined within 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 variance request is residential in nature and is reasonable considering the unique nature of the Property having a large wetland at the rear, which pushes the development closer to the lake. b. There are circumstances unique to the property not created by the landowner; The location of the existing home is not a situation created by the owners; and c. The variance will not alter the essential character of the locality. The location of the addition will not be lakeward of the home and will not alter the character of the neighborhood. The majority of the neighboring homes are situated within the 75- foot setback area. Additionally, City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination. 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 17, when in harmony with Orono City Code Chapter 78. This condition is not applicable. 6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located. This condition is not applicable, as residential improvements are allowed in the LR-1A District. 7. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. This condition is not applicable. 14 FILE #LA25-000010 21 April 2025 Page 4 of 4 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The existing home’s location and orientation on the Property are unique circumstances. Due to the location and size of the wetlands impacting the properties along this portion of North Shore Drive, the developed homes are nearer to the lake than the 75-foot setback. The application of the 75-foot setback requirement causes a practical difficulty. The home and the proposed addition will not encroach on the average lakeshore setback. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The location of the home, within the 75-foot setback, is relatively unique in the City, although not in the immediate neighborhood. Applying the lake setback requirement eliminates the owners’ ability to expand or improve the home without a variance, creating a practical difficulty. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Granting the variances to construct the addition is necessary to increase functionality within the home, as well as for the preservation of the wide, open space between the subject property and the neighbor to the west. 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 project will not impair the health, safety, comfort, or morals of the public. 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 variances will resolve and alleviate a demonstrated practical difficulty caused by the lake setback as applied to the Property. 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 Supportive comments were received from the neighbors on either side of the subject property, Exhibit H. 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 variances, if granted, will not alter the essential character of the neighborhood? 3. Does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested variances? 4. Are there any other issues or concerns with this application? Planning Staff Recommendation Planning Staff recommends approval as applied. 15 Land Use Application Summary Application Date:02/26/2025 Address:2625 North Shore DR Orono, MN 55391 Parcel Number:0911723420003 Land Use Number:LA25-000010 Application Submitted By:Property Owner Owner:Name: AMIR A & ASHLEY K MEHBOD Address: 2625 NORTH SHORE DR WAYZATA MN 55391 Applicant:Name: ASHLEY MEHBOD Company: N/A Address: , ASHLEY@PIXIEDUSTINC.COM Contact Information:Associated Contact: Associated Contact: Associated Contact: Associated Contact: Project Description:COVERED TERRACE 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: 4/11/25, 8:55 AM Permit Details | Citizenserve https://www7.citizenserve.com/Admin/PermitController?Action=DisplayPermitDetail&SelectedTab=Permits&Permit_ID=51662978&WorkOrder_ID=893…1/116 PRACTICAL DIFFICULTIES DOCUMENTATION FORM LA25-000010 1. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter. Response: Yes. 2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. Response: Yes. With the exception of one small bedroom on the Northeast corner, the entire house sits inside the lake setback. 3. The variance, if granted, will not alter the essential character of the locality. Response: The variance will not alter the character of the locality. In fact, great care and attention has gone into developing a plan that is consistent with the historic nature of the house and to maximize outdoor space/lake views and breeze from the side lot vs. in front of the house. (If we were to maximize existing outdoor spaces which include 2 small terraces on the lakeside, it would be more disruptive to the lake shore and sitelines of our neighbors). 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: The practical difficulty is that there is no covered/shaded outdoor space at the property. With a south facing house, we get sun all day. We chose to add the covered terrace on the west side lot as it is least disruptive to the shore line and sight lines of neighboring properties. The proposed addition sits behind neighboring buildings/sight lines. 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 because of current lake setbacks. 9. The conditions do not apply generally to other land or structures in the district in which said land is located. Response: These conditions also apply to our neighbors on either side. 4/11/25, 8:56 AM Permit List | Citizenserve https://www7.citizenserve.com/Admin/PermitController?Action=ListPermits&WorkOrder_ID=89321109&ciDisplay=null&getPrint=true&skipLoading=true 1/217 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Response: Yes. This is the least disruptive and only practical location to add a covered terrace that connects to the home. 11. The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code. Response: Approval of the variance is consistent with the intent of the zoning code. 12. The granting of such variance will not merely serve as a convenience to the applicant but is necessary to alleviate demonstrable difficulty. Response: Yes (see #1 and #5) 4/11/25, 8:56 AM Permit List | Citizenserve https://www7.citizenserve.com/Admin/PermitController?Action=ListPermits&WorkOrder_ID=89321109&ciDisplay=null&getPrint=true&skipLoading=true 2/218 Anderson Engineering of Minnesota, LLC 13605 1st Avenue North,Suite 100 Plymouth, MN 55441 763-412-4000 (o) 763-412-4090 (f) www.ae-mn.com ENGINEERING ARCHITECTURE LAND SURVEYING ENVIRONMENTAL SERVICES LANDSCAPE ARCHITECTURE 19 PRELIMINARY 20 PRELIMINARY 21 PRELIMINARY 22 PRELIMINARY 23 City of Orono Hardcover Calculation Worksheet Property Address: 70..f_½ ~O\Jfu ~LlNQ., ~V · Prepared by: ~C:.;,h,1:2:½, Date: Q7,.,,. . \ (l ."2.-C 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 $eL ~ (must accompany this form). Use as many lines as necessary to accurately depict the existing hardc<;>Ver status of triff·y ,t ,~the property ... *For Tie~ 1 propertie•s, identify any features by letter·that are within _the 75-foot setback or split at the ~ \ \~" 75' setback line and calculat~ hardcover sq_uare foo~age separately for each portion. Key to Hardcover Item (Describe) Length X Width Total Survey (Square Feet) ~{E~amplel:. .:_ -· -.. , """' ~ a-... ,--~~· ~1..---., -... \~<;: -. :.,,,".''"';:--~-\· -... '>•-~it~ ::..:,-·~-·"·; --.. --' ). .... ~ ... ~ -~ ~ ,,,.,._ ,, ~ . -. _ .• _l72(r'S.·F. { t-:.-tiGa· ·ra·t·Q~, e·a) · • ,~ ' -· ~ ,, ~-,' ' · , «,!•,~ • ·;: • •·:,:24· ,t • '30'_)"~ 1 ' .)< , , • ~'· • !,, .. -}~--" . ~ , , . ~ : ~, ~ •{'. ! .... ~ i,i..: ,;-_ ~ .,~I ~~~;' • .; -· •1.-,..:~ .-: , rt' ,-.,:..., _;;:: .,._ .•.. rt S.! '1-tJ·t~ .''t ::~ .i~_;_. .,~' ~,-.... -.•~ ~ ,·:' • "''-.:.. '"!_\, .,,_: ';.-!!;, ... ' '' I f.;,f•~ ~ ., " A ~u~e_ ~~L.\ S.F. B r' \01<;2. S.F. "rt\. \/f LJ.J p _., C l\V \\JQ.W6'.\. I '1. 7_'2A__. S.F. D (()\/\( --'/'--'~I \ .,J (L,\ \!_. ~'h (') , l...:f-o ---;-:f._., \ . .'"l--L--\ \ S.F. E ' I \ \ \ ' . 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. 0 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 ri.,CL.qc; S.F. :':.·~'~ c1·u·d.,-a_,.b·,~:e,.:,;;fj,,: a':td•°"r.c;;<o'v·e·',.,,~t·s·,.=i'~..: -~.,,·_-<:CoJ•dte'~s;,,.,.e· ~1· ·8·~16'84''-){',' ,. '. I :i/4◄ -,~~~:,~, '•-.!',. ,,, ~; ., • "~,.A,!:.,~,,:. --.;Jii":. ·;,!" -·~'---:""i,41..'"; :_-,.~ ,;.-,.• tf,>-':;' )" ,.. . ..,._ "... -', •, • , ...,_,..,. .., i I ..,, 1"_ " ✓ .... --1-_..,,. Oil:.: 'l: • ... ~.. • " •--r. .., • ~ -~-~ :.op 1"!..Y:..·A_,;;_/,,"y·!::·T~~•,~ _,{/,✓ ·{.~?-i.~ ~... ~~ t-1•-r••',.V''".~ .. ,'/\,.f,. ~_,,.:;f;,4 -)' .;~-,;~~~•:.t,-\l,~~~-~~i-:f::-''· ... ,.i")l'$.l.-r~ ,.,~..:. '.\..~ \ t. -~ "..:,:,\~, ... ,~~-:, ~~1~3. ... --:. • .::,-~":._~~~;£ .. _.:: ___ t.,s_ ~-~.!--r .,__. -~~ 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)] \( % 24 City of Orono Hardcover Calculation Worksheet Property Address: _Tu-=----~----=-b)..:....__o\J\½~~-v Q____.,__,\'w==----. ----~ Prepared by: ~{)V\ Date: O)-. \(l . -Z'7 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 StR_ \ proposed hardcover of the property. For Tiet 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 footaae separatetv for each portion . . . Key to Hardcover Item (Describe) Length X Width Total Survey (Square Feet) .,._,, -h." ,.~,1,;"":~ :~ '{·l~i-:~;-~~;;,;,; ~,.,;,; _,. •,., ~· \ ., ' '·' '\, . ·'. '.' ~'i. -.;,,, ,, ,·, -••• I.-' ,, -· : I~::C:Q4; :··,~O''f: . ~ .• ' ~. :,,} ':,,~-;::-\_~'~":--.... -~~:...~\ ~ :{EXaAJP el~ :~ .. ~,.; ~} • .. } ~ ~~--' . ,'it~ .... r " \ ·• "{ }~.~ . f ;-.,c; ! , ~,t. ,{ r ~ . ' > , ~ .. \ > r',,,._ <v.: • ,.:• '-x-~ ..... ,;. 'r.f.'.20:S F. ). ·~,~QI 1u& \~'-It.'..' ~-,t •• "! ... ' .. ·' 3<.(~~~,·~i'\--c.,::t.-t: ,-#-~"~;,' • ~-· •, .-..... ./. .-' ........ )x; "',.:.1. ~ . ., ,,,J: --~-... i -;.;~1-.,: .·~ --!~ ... -j • --••• > A \-rv(U__.,, ~Gl-1 S.F. B ( ';\VM~ I trl Cf. S.F. C ~\A \~tu~' 1.1.,~ -i-S.F. • D (n\A( 1/o. ,. e \/Jt1l 1 l, l)tfhD .~t~h \')_..{ 0~ S.F. E r ' \ ' I . \ ' 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. 0 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 \""vf< \'1 S.F. E~eJµd,sbJ~~a.rdco~?((~e~:v;ity, 'q9.~i~~~ ·7~8~1 ~.~): ,, -L~: J ~i' ' , :, .J •r • < -~ -~i ~"~ ·,J~' •• ,;'.'-.... ~ ... , \ t'l:.'+:~•.i;:: , ... ""' '" ~-.. • ~ "i ·~ ,~ i'..~ """1 \ '• .' ,,· ,(.1 :-.. ~.. "",~:: \. \ ., ~ ,Jr:.f,'-k•~,,2-:.·~_t· ~ ' ,.,..~ .,. --. ~-~L.. ,t-, ~ ~~ ... ~ '":' ~fi.l1t<.i\ "'~'l • ,...., "t' ..... ~i.-~·--: ~~ .., '. ~-........ ~· ..,_ ~ ♦ .,_ . ~ ~ 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)] \½. 07 % 25 ... • : : , •• .• -:x :?i~> ·\x ,t '~tr·: • { ?}t··tqqs:::~r : }: \}f: rr f :: :-•. : :: . :: ::: > · . . . .. -.· . • •. ••.. • . . .. •• -· • . _·•: • -·.: • -• -. . . ·.· ...... · .. ,. ,·. . . .. · --.. -.• :' . . .-• ... .... . . . . ·-: ... -. . . ~ '• . EKISJJ~G .. HARQCD~8 MEAa HOUSE = 3.354 SQ. FT. GARAGE = 1,078 SQ. FT11 ... . -. BITUMtNOUS DRWEWAY • 7.222 SQ. FT. CONCRElE WAtJ<1 PA no AND. $"IEPS • 1,241 SQ. FT. . . TOTAL LOT COVERAGE = 12.895 SQ. FT. OR 15.0 PERCENT eBQeQiEQ.,iiABD.aJm. . .t~,ftEAS. HOUSE ~ 3-354 SQ. FT. GARAGE = 1.018 SO~ FT. BlTUMIN.OUS DRIVEWAY • 7.2·22 SQ. FT. CONCREIE WAU<, PATIO, AND STEPS = 1~241 SQ. FT .. ·DEMO WESlERN SIDEWALK AND STEPS = -2~Ct !:tf;, rr~ PROPOSED COVERED TERRACE • 234 SQ. FT .. TOTAL LOT CO\'ERACE -= 12:,.19 SQ. FT. OR 15.03 PERCENT 26 1,ev' I & ~~ # ~ ~ (S G ~ o' ~-~ (Y <J..~ t:.,.'? ~ / ,,,.~ / ..,, I 17 SQ. FT. --&.£\ . /:) 'rte,-.-</ ))0 21 7 SQ. FT.--/ BUILDING= 2934 SQ. FT DRIVEWAY= 135 SQ. FT. CONCRETE, STOOPS= 277 SQ. FT. BRICK PATIOS= 439 SQ. FT. tkvJ c.ovQ. v l Vl S1&t e.. l-o lt.L ¼t ~c.AL .,~--135 SQ. FT. Ot?lt,,~ lr-1 )--/, --26 SQ. FT. / ,,sJ-o 0.,-o ~,~ ~0-9)--'>'o~ '5-~ 2, 934 SQ. FT. 222 SQ. FT:--✓ '° S,91ck" ~?Jo I TOTAL HARDCOVER AREA IN SETBACK: 3785 SQ. FT. l ,.-' • 1 / I I I ! 27 28 29 30 31 32 From:Martineau, Jeff L To:Melanie Curtis Subject:RE: Mehbod variance LA25-000010 Date:Tuesday, April 1, 2025 11:21:38 AM Melanie, Thank you very much for sending me the application for a variance and supporting documents for Ashley and Amir’s residence. I have reviewed these and wanted to give you my comments. I 100% support the addition that the Mehbods have requested. The Mehbods have been excellent stewards for their home related to their passion of protecting the authenticity of their home. Having been a lifelong resident as well as a real estate agent in the community, it’s nice to see people that protect the integrity of a stately property like they have. Any questions or further support I can give them for their approval, feel free to contact me. Thank you, Jeff Jeff Martineau REALTOR Coldwell Banker Burnet (952) 210-2626 www.jeffmartineau.com From: Melanie Curtis <MCurtis@oronomn.gov> Sent: Monday, March 31, 2025 3:37 PM To: Martineau, Jeff L <jmartineau@cbburnet.com> Subject: Mehbod variance LA25-000010 Variance for the porch on the west side of the house within the 75-foot setback. 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 *Wire Fraud is Real*. Before wiring any money, call the intended recipient at a number you know is valid to confirm the instructions. Additionally, please note that the sender does not 33 From:Dan Martinson To:Melanie Curtis Subject:Variance Application for Amir and Ashley Mehbod Date:Wednesday, March 5, 2025 8:11:48 PM Melanie, I have reviewed the drawing for the new covered terrace at 2625 North Shore Drive. We are in support of the plans and the variance request and believe the Planning Commission should approve the request. Regards, DAN MARTINSON President, XTRUDEX a. 5750 Main St NE, Fridley, MN 55432 p. 763.238.6224 e. dan@xtrudex.com xtrudex.com |facebook |instagram |linkedin Innovative Product Solutions geartie.com |bendandhook.com |tru-zip.com |booe.com |werksautomotive.com |pikkl.com Confidentiality Notice: This email may contain confidential and/or private information. If you received this email in error, please delete and notify the sender. 34 38 09-117-23 13 0009 JUDITH B HODDER KENT H HODDER 2640 NORTH SHORE DR ORONO MN 55391 38 09-117-23 14 0007 SPOTTED DOG LLC 1130 OLD CRYSTAL BAY RD S WAYZATA MN 55391 38 09-117-23 41 0002 MANDEEP SODHI 2515 NORTH SHORE DR WAYZATA MN 55391 38 09-117-23 41 0003 CARL R BERGQUIST ABIGAIL E VANORDEN 2545 NORTH SHORE DR WAYZATA MN 55391 38 09-117-23 41 0004 JEFFREY LINN ANDRADE 2565 NORTH SHORE DR WAYZATA MN 55391 38 09-117-23 42 0001 JAMES VAN RIEMSDYK 2655 NORTH SHORE DR WAYZATA MN 55391 38 09-117-23 42 0002 DANIEL JOSEPH MARTINSON HEIDI MARIE MARTINSON 4225 WILD MEADOWS DRIVE MEDINA MN 55340 38 09-117-23 42 0003 AMIR A & ASHLEY K MEHBOD 2625 NORTH SHORE DR WAYZATA MN 55391 38 09-117-23 42 0005 JAMES M WHISLER SANDRA S WHISLER 2683 NORTH SHORE DR WAYZATA MN 55391 38 09-117-23 42 0007 JAMES A & SHARON S WALKER 2685 NORTH SHORE DR ORONO MN 55391 38 09-117-23 44 0013 ADAM & HUNTER WRIGHT 2485 NORTH SHORE DR WAYZATA MN 55391 35 Hennepin County Locate & Notify Map 2625 North Shore Dr 0 200 400100 Feet Date: 3/4/2025 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 36 From:Hunter Wright To:Melanie Curtis Cc:Adam Wright Subject:April 21 Planning Commission review of LA25-000010, Ashley Mehbod Date:Saturday, April 19, 2025 7:57:46 AM April 19, 2025 To: Melanie Curtis, Planner Re: April 21, 2025, 2625 North Shore Drive, Lake Setback and Hardcover Variances (Melanie Curtis) Dear Melanie, We are unable to attend the Planning Commission meeting on Monday April 21st but we have reviewed the Mehbod’s proposed plans and are writing in full support of their request. We believe the Mehbod’s plans improve the livability of the home while respecting the spirit of the regulations and honoring the history of the 100 year+ home. As neighbors who also live in and love our 100+ year house (2485 North Shore Drive), we recognize certain limitations of homes of this era vs.modern living, and are very appreciative of the care and thoughtful design the Mehbod’s are proposing for their project to improve the home’s functionality while respecting its historic character. I (Hunter Wright), have a masters degree in historic preservation (M.S.Historic Preservation, Columbia University Graduate School of Architecture, Planning and Preservation) and fully believe this proposal aligns beautifully with the goals of living in and maintaining a historic home and lakeshore. While we can't be there on Monday, we thank you for your service and hope you will share our support with the committee. Thank you, Hunter and Adam Wright 2485 North Shore Drive Wayzata, Mn 55391 (763)-442-3441 Date: April 21, 2025 Item: 6.2 Presenter: Matt Karney, Planner Section: Public Hearings Title: LA25-000011, Rehkamp Larson Architects, 3275 Carman Road, Variances (Matthew Karney) 1.Purpose: The applicant requests variances from the average lakeshore setback, 75-foot lake setback and hardcover within the 75- foot lake setback for a home expansion project. 2.MN§15.99 Application Deadline: The application was made on March 19, 2025 and deemed complete on April 3, 2025. The 60-day review period expires on June 2, 2025. 3.Background: The applicant proposes a home expansion project that includes modifications to the existing front porch, deck, and roof overhangs/eaves, as well as a chimney shroud addition. Due to the property’s location on a peninsula, the existing residence is fully lakeward of the average lakeshore setback line and is abutting the 75-foot lakeshore setback variances are needed for the proposed project. 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 application. AGENDA ITEM Exhibits Exhibit A - Staff Report Exhibit B - Application Exhibit C - Aerial Imagery Exhibit D - Cover Letter Exhibit E - Practical Difficulty Analysis Exhibit F - Variance Exhibits Exhibit G - Survey Exhibit H - Hardcover Information Exhibit I - Mailing List & Map 37 Date Application Received: 03/19/2025 Date Application Considered as Complete: 04/03/2025 60-Day Review Period Expires: 06/02/2025 To: Chair Bollis and Planning Commission Members Adam Edwards, City Administrator From: Matthew Karney, Planner Date: 21 April 2025 Subject: #LA25-000011, Rehkamp Larson Architects, 3275 Carman Road Variances – Public Hearing Background The applicant proposes a home expansion project that includes modifications and expansions to the existing front porch, deck, and roof overhangs/eaves, as well as a chimney shroud addition. See Exhibit F (Variance Exhibits), submitted by the applicant, detailing the full scope of work to be completed. Due to the property’s location on a peninsula, the existing residence is fully lakeward of the average lakeshore setback (ALS) line and is abutting the 75-foot lakeshore setback. With this project, the hardcover within the 75- foot lakeshore setback will decrease by 153 net square feet. Overall, the hardcover on the property will increase from 11.1% to 13.3%, an amount that is below the 25% level allowed within Tier 1 of the Stormwater Quality Overlay District where the property is located. Practical Difficulties Analysis Applicant Submittal Information: The applicant has provided a detailed analysis of the work to be completed, noting that the building envelope of the site is small and is nearly unbuildable due to the ALS. The applicant highlights that the property owners want to improve their house, and are contemplating the proposed changes instead of demolishing the house and rebuilding brand new. With the limitations of the site, the homeowners have little leeway in improving their home. Planning Staff Practical Difficulty Analysis: As a peninsular property, the location of the ALS is approximately 39 feet behind the existing primary residence, and any improvements would be within the ALS. Additionally, the existing residence is sited up against the lakeshore setback on two sides, where most improvements on the lake side of the house fall within the lakeshore setback. Although the hardcover is increasing on the property with this project, the hardcover within the lakeshore setback is decreasing. The structural improvements are primarily screened by the existing residence, and in staff’s opinion, outside of the neighboring properties lake views. Application Summary: The applicant requests variances from the average lakeshore setback, 75-foot lake setback and hardcover within the 75-foot lake setback for a home expansion project. Staff Recommendation: Planning Department Staff recommends approval. 38 FILE #LA25-000011 21 April 2025 Page 2 of 5 LOT ANALYSIS WORKSHEET Section 78-330 & 78-1279 – Setbacks: Section 78-1403 – Structural Building Coverage: Total Lot Area Total Structural Coverage 44,347 s.f. (1.02 acre) Allowed: 8,869 s.f.* (20%) Existing: 2,582 s.f. (5.8%) Proposed: 2,582 s.f. (6.7%) *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 44,347 s.f. (30,262 s.f. in 75’ setback) 11,087 s.f. (25 %) 4,946 s.f. (11.2%) 1,203 s.f. within 75’ 5,903 s.f. (13.3%) 1,050 s.f. within 75’ Applicable Regulations: 75-foot Lake Setback & Average Lakeshore Setback Variances (Section 78-1279) The ALS excludes most of the property from improvement. Not considering the ALS, the property would have a building envelope of approximately 10,400 square feet, but with the ALS, this envelope is approximately 1,100 square feet. The existing house and attached garage are abutting the 75-foot lakeshore setback to the south and east, but are fully within the ALS. Any further improvements to the structure that expand the existing footprint will encroach on the ALS. There are portions of the existing house and deck that extend into the lakeshore setback, but the proposed deck will reduce the encroachment into the setback to the south by approximately one foot. The proposed extensions to the roof eaves are, per the applicant, designed for improving drainage around the house. Roof eaves are allowed to extend up to two (2) feet into a required yard, however, there are two (2) corners on the existing southwest portion of the house that protrude into the lakeshore setback. In these areas, the existing roof eaves extend one (1) to two (2) feet beyond the walls of the house, and the proposal is to extend the eaves an additional six (6) to eighteen (18) inches. Overall, the eaves would extend thirty (30) inches or two-and-a-half (2.5) feet from the house in the lakeshore setback. Staff can support the request, as the eave extensions amount to less than one (1) foot encroachments into the lakeshore setback, the changes should minimally impact lakeviews, and the changes are requested to address a drainage issue. LR-1B Required Existing Proposed Interior Side (West) 10’ 19’ Existing House No Change Lakeshore (East) 75’ 79’ Existing House No Change Lakeshore (South) 75’ 64’ Existing Deck 65’ Proposed Deck Average Lakeshore The existing home is ~39’ lakeward of the ALS line. The proposal will minimally decrease the encroachment into the ALS to the south by less than a foot and minimally increase the encroachment into the ALS to the east. 39 FILE #LA25-000011 21 April 2025 Page 3 of 5 75-foot Hardcover Variance (Section 78-1680) As a portion of the existing deck was located within the 75-foot lakeshore setback, the proposed modifications involve shifting the deck to the east, impacting the setback less. Approximately 47 square feet of the existing deck hardcover will be removed; only 11 square feet of hardcover will be added in the reconfiguration. Overall, the hardcover within the lakeshore setback will be reduced from 1,203 square feet to 1,050 square feet. The extension of the roof eaves does not count towards the hardcover calculations for the property 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 makes the development and improvement of this property and existing house challenging. As a peninsular property, the proposed improvements are mostly screened by the existing house and outside of the neighbors’ lake views, and efforts have been made to reduce impacts to the lakeyard. This criterion is met. 2. The variance is consistent with the comprehensive plan: The proposed variance to rebuild a deck, improve the roof and add patio space as accessory uses to a single-family residence is permitted within LR-1B zoning and 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: The request to improve the existing house as proposed, opposed to rebuilding entirely, is reasonable and meets all other applicable zoning regulations. This criterion is met. b. There are circumstances unique to the property not created by the landowner: The existing house is located within the average lakeshore setback and any improvements to the house would fall within the lake views of the adjacent neighbors. This criterion is met. 40 FILE #LA25-000011 21 April 2025 Page 4 of 5 c. The variance will not alter the essential character of the locality: The modifications to the house would not substantially impact the neighbor’s views of the lake, nor substantially encroach into the lakeshore setback, and will fit the character of the neighborhood according to the submitted and reviewed information. This criterion is met. Additionally, City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. Economic considerations alone do not constitute practical difficulties: Economic considerations have not been a factor in the variance approval determination. This criterion is met. 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; exterior patio space, extended roof eaves, and a deck attached to a single-family home are allowed within in the LR-1B district. This criterion is met. 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 average lakeshore setback that severely limits the ability of the property to be further developed, and limits expansions or changes to the existing house. The house is located on a peninsula with lakeshore of three sides, applying the 75-foot lake setback is unique for the land. This criterion is met. 9. The conditions do not apply generally to other land or structures in the district in which the land is located: The subject property is limited by both the average lakeshore setback and the 75-foot lakeshore setback on two sides of the property. The property only has a legal building envelope of approximately 1,100 square feet, which the existing house is not located within. These conditions are not generally applicable to other properties and buildings in the area. This criterion is met. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant: Granting the variance is necessary to preserve the landowners’ right to improve or develop their property as the small building envelope created by the applicable setbacks on this property creates a hardship. This criterion is met. 41 FILE #LA25-000011 21 April 2025 Page 5 of 5 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. The proposed project involves little to no lakeward encroachments or lakeview impacts, and an overall reduction to hardcover within the 75-foot lake setback. This criterion is met. 12. The granting of such variance will not merely serve as a convenience to the applicant but is necessary to alleviate demonstrable difficulty: The requested variances are necessary to make any improvements to the existing house and appurtenances and does not merely serve as a convenience to the applicant. This criterion is met. The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Public Comments No public comments have been received by staff as of the writing of this report. Issues for Consideration 1. Does the Planning Commission find that that the proposal is reasonable for improving the house, addressing drainage and reducing hardcover within the lakeshore setback? The applicant should provide additional testimony to support their proposal. Planning Staff Recommendation Planning Staff recommends approval of the variances to complete the home expansion project 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. Variance Exhibits Exhibit G. Survey Exhibit H. Hardcover Information Exhibit I. Mailing List & Map 42 Land Use Application Summary Application Date:03/19/2025 Address:3275 Carman Road Orono, MN 55331 Parcel Number:2011723140012 Land Use Number:LA25-000011 Application Submitted By:Agent on behalf of property owner Owner:Name: PETER AHN & SUSAN AHN Address: 3275 CARMAN RD EXCELSIOR MN 55331 Applicant:Name: Angela Wingate Company: Rehkamp Larson Architects Address: 2732 West 43rd Street Minneapolis, MN 55410 angela@rehkamplarson.com Contact Information:Associated Contact: Angela Wingate angela@rehkamplarson.com Associated Contact: jake@dovetailrenovation.com Associated Contact: Associated Contact: Project Description:Home renovation 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: 43 Exhibit C – Aerial Imagery of 3275 Carman Rd, Orono 44 45 Ahn Variance Narrative 3275 Carman Road is situated on a peninsula between a cove/lagoon & Carman Bay on Lake Minnetonka. It is located in the LR-1B – One family lakeshore residential zoning district. It is within the Tier 1 Stormwater Quality Overlay District, which allows up to 25% of hardcover. The existing conditions of the peninsula and existing home (built in 1955), much of the buildable area of the property sits beyond the Average Lakeshore Setback and bumps up against the 75’ lakeshore setback. Of the 10,416 sf buildable space (total lot is 44,374 sf), only 1,092 sf is within the Average Lakeshore setback. This property currently has 11.15% hardcover, with all the proposed changes this property will increase to 13.3% of hardcover. Average Lakeshore Setback (Sec. 78-1279.6) “No principal or accessory building shall be located closer to the Ordinary High Water Line (OHWL) on a lakeshore lot than the average distance from the shoreline of existing principal buildings on adjacent lots.” We are asking for a variance from these rules to allow minor modifications to the volume/mass of the exterior to address drainage concerns, aesthetic changes, and better access to outdoor spaces on the property. The items we seek a variance for are as follows: 1. Front porch expansion and addition (approx. 80 SF and sits underneath existing roof footprint) 2. Existing deck expansion (11 SF) and removal (47 SF) over the 75’ lakeshore setback 3. Increased roof overhangs and update to existing eaves/fascia 4. Chimney shroud addition Front porch expansion and addition. This work completely sits underneath the existing roof form and sits outside both adjacent neighbors’ views to the lake. It is within the allowed setbacks and is a small addition to the properties hardscape calculation. The front porch adds 14 sf to the existing stoop and 19 sf from existing interior space, a total of 33 sf. The addition of added interior space is 48 sf. Existing deck expansion and removal. The existing deck is in poor condition and needs to be replaced. With the renovation work that is being done in the home, this deck is vital to reconnecting the south and east facades while making it more accessible. There is an existing slope (8’ grade change) that we are modifying slightly with landscape walls to make this area more useable and easier to move up and down. The existing deck sits over the 75’ lakeshore setback. Our proposal to wrap the deck to the east side of the house and pull the deck back on the west side. This results in the removal of 47sf over the setback and 46 adds 11sf in the south east direction (towards the peninsula). A net reduction of 36 sf less over the required setback. The deck will stay at the same distance from the house and “shifted” about ~4’-2” to the east, which follows the line of non-conformity. In addition to removing the deck hardscape over the 75’ lakeshore setback, the existing lower level patio is being reduced by 136 sf over lakeshore setback. This is a net total reduction of 140 sf of hardscape being removed over the 75’ setback. Increased roof overhangs and update to existing roofs. Around the house, there are extended roof overhangs that will help encourage better drainage onsite. All roofs will maintain the pitch, height and slopes of the existing roofs. There is one new roof on the east side that creates a covered area for new door out to the deck and patio. On the south and west sides of the home where the existing home extends beyond the 75’ lakeshore setback, there are (3) parts of the roofs that extend past the setback. On the south façade (SEE ELEVATIONS & ROOF PLAN), the R1 extends 6” (to the south), R2 extends 18” (to the west) and R3 extends 12” (to the west). In all cases, it is a small portion of the roof as the setback cuts diagonally through the building (SEE MASSING DIAGRAM). Chimney shroud addition. This chimney has (3) termination points that will be contained by one metal chimney shroud that is more aesthetically pleasing. This addition of the shroud is approx., 25’-0” from natural grade under the max height (30’). The owners’ of this property explored tearing down this house and building new. After much consideration, they decided to renovate and keep the majority of the building footprint intact. This light touch has much less impact on the neighborhood and shoreland district. These minor adjustments to the house’s form/massing solve existing maintenance issues, promote better site drainage and improve the aesthetics for current homeowners to enjoy this property for years to come. 47 PRACTICAL DIFFICULTIES DOCUMENTATION FORM LA25-000011 1. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter. Response: The minor adjustments to the mass and volume maintains the majority of the homes’ existing conditions. Expanding the deck over the setback is a reasonable addition to create a connection to the east side of the property which has a significant elevation shift (approx.. 8’ of grade change). 2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. Response: The geometry of a peninsula does not lend itself to complying with the typical zoning regulations as well as the location of the existing home (built in 1955) that pre-dates the shoreland district setback (75’ from the OHWL). DNR requires a 50’ setback. The owner has no control over the placement of the home. With the Average Lakeshore Setback Rule, without asking for a variance the current homeowners would not be allowed to do any exterior modifications that impact the volume or mass. 3. The variance, if granted, will not alter the essential character of the locality. Response: With the minor adjustments to the homes mass and volume, this project will be maintaining most of the existing conditions. Looking to the adjacent neighbors properties are very similar in scale/volume. The aesthetic changes (including new windows, exterior cladding and landscape) this will not negatively alter the character of the area. 4. Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter. Response: The homeowners explored a tear down option to build a new house and decided to renovate the existing home. A few modifications vs. a big change on the property felt like the right option given all the restraints on site. 5. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minnesota Statutes, Section 116J.06, Subd. 2, when in harmony with this Chapter. Response: NA 6. The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not allowed under this Chapter for property in the zone where the affected person's land is located. Response: NA 7. The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. Response: NA 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. Response: As stated previously, the land in question is a peninsula and it creates a peculiar condition where the majority of the property and buildable area is over the Average Lakeshore Setback. In addition to the peculiarities of this lot, the existing 1950’s house is slightly over the existing 75’ lakeshore setback which makes any improvements to the lakeside of the house extremely difficult. 9. The conditions do not apply generally to other land or structures in the district in which said land is located. Response: NA 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Response: Without granting this variance, this property would be unbuildable. Granting this variance will allow the homeowners to preserve the majority of the existing home, enjoy the views of their property and providing access to outdoor spaces that are otherwise hard to access. The variance is necessary to preserve the primary property right of the owner. 11. The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code. Response: Correct 12. The granting of such variance will not merely serve as a convenience to the applicant but is necessary to alleviate demonstrable difficulty. Response: Correct. Allowing these minor variances on the property will allow the homeowners to safely utilize the existing steep slope, allow for modern upgrades, allow for proper water management and needed maintenance for the property. 48 3030STEEL BEAM. 5"Wx8"H. FLUSH w/ B.O. 2x10sW D ELEC WINE LOWER BATH *7'-3/4" LOWER BED 2 *8'-1/2" PETER'S OFFICE *8'-1" DEN *8'-1/2" *8'-1/2"*8'-2" CRAWL SPACE *5'-1" CONC CORK W.S.~3'-1" STEPH: 84 S: 33.5 H: 96 S: 74 UP 15 R FUR IN WALL FOR BEAM ? TV REMOVE DROPPED SOFFIT REMOVE COVE SCREEN PORCH (STONE PATIO ABOVE)BOOKSREMOVE COVE 3030BAR QWHOLE HOUSE FILTERED R.O. WATER (COOKING, DRINKING) LINEN 30CLOSET CLOSET 363621'-9"EQ EQ 36364'-412"36W.H. FURN ACCESS PANEL DOOR CHEST FREEZER 3624" REF EQ EQ UNEXCAVATED FROST FOOTING FOR FRONT PORCH LOWER PATIO CONC TILE WOOD CPT CPT TILE LOWER PATIO ~944' ELEV. (8' DROP FROM UPPER TERRACE) 948'952' (TERRACEABOVE) 950' 946' BATTENS WITH GYP ON CEILING ASSUME ALL TERRACED WALLS AND LANDSCAPE STAIRS ARE BY LANDSCAPE ARCHITECT MECH/LAUNDRY CLEAN UP AREA: GYP, TRIM AND PAINT, EPOXY FLOOR UNEXCAVATED 8" 32 RE-USE REF FROM KITCHEN HERE CAB 8" BLOCK GAS LOG EXISTING WINDOWS TO REMAIN - VFY EXISTING WINDOWS TO REMAIN - VFY COVERED LOWER PATIO 5' -0" 4'-0"4'-0"4'-6" 24 24 CLOSET EXIST. DECK ENDS HERE EXIST. DECK ENDS HERE ADDED DECK 11 SF OVER SETBACK ADDITION 192 SF (166 SF OVER THE SETBACK) EXISTING PATIO FOOTPRINT 81SF (30 SF OVER SETBACK) NEW PAVER CONNECTION BTWN DOORS 47 SF HARDCOVER REMOVED 136 SF HARDCOVER REMOVED 32SF OF PAVERS ARE UNDERNEATH THE 2'-0" CANTILEVER OF THE HOUSE EXISTING CONCRETE PAD REMOVED EXISITING RETAINING WALL EXISTING STEPS TO LAKE TO BE REAPPOINTED A10 LOWER LEVEL PLAN ATW, JEREHKAMP LARSON ARCHITECTS INC.2732 West 43rd Street, Mpls, MN 55410Tel. 612-285-7275DRAWN BY: ISSUE DATE: PROJECT PHASE: PROJECT NUMBER:Ahn Residence3275 Carman RoadOrono, MN 55331March 19, 2025 VARIANCE 24-035 2024.03.19 - AHN VARIANCE - NOT FOR CONSTRUCTIONN1LOWER LEVEL PLAN 1/4" = 1'-0" on 24x36 1/8" = 1'-0" on 11x17 0 2 4 8 49 32HEATER LIVING *14'-0" @ PEAK DINING *9'-9 1/4" GARAGE HALL *7'-10 1/2" KITCHEN *9'-9 1/4"PANTRY *7'-10 1/2" GUEST BATH *7'-10 1/2" TILE GARAGE ~*9'-5" NEW EPOXY FLOORING DECK UP 14R STORAGE G/R OWNER'S BEDROOM *7'-11" WOOD OWNER'S CLOSET *7'-11" WOOD ATTICACCESSOWNER'S BATH DN 15R H: 84H: 84 5'-0" *3'-6" X 11'-8" ISLAND2'-1"3'-6"3'-6"BENCH WITH HOOKS EXIST. DECK ENDS HERE 2 DN KEXIST. DECK ENDS HERE WD/STACK DRESSERIN FLOOR HEAT? ZERO THRES. TOWEL WARMER 30 BLUESTONE PATIO ~952' ELEV.7'-4"3632 323230 LINEN9' FLAT CEILING VAULTED 3'-3" X 5'-1" BENCH SHELF32DOG BED? DISHESCABGRILL 14'-5"3'-6" X 4'-3" 48" REF FRONT PORCH N1MAIN LEVEL PLAN 1/4" = 1'-0" on 24x36 1/8" = 1'-0" on 11x17 0 2 4 8 30 DW 48" OR 60" RANGE & HOOD FRONT CLOSET FROSTED GLASS 952' ELEV 950' ELEV 948' ELEV ELEV 944' ELEV F L U S H T O 6 " D R O P T O G R A D E 942' ELEV CONC BENCH TILE WD TILE WD WOOD WOOD WOOD IPE WOOD CPT WDTILE CPT FUR OUT WALL BROOM952' INSULATE GARAGE RAFTERS NEW GAS HEATER - NEW VENTING THROUGH THE ROOF 30 ELECT. SHADES ELECT. SHADES EXISTING FIREPLACE CORNER DEMO PARTS OF MASONRY (SEE DASHED) EQEQ 950' 948'946' 4'-0"4'-0"4'-6"4'-1"STEAM SHOWER EXISTING WINDOWS TO REMAIN - VFY EXISTING WINDOWS TO REMAIN - VFY WD OPT. WDW PATIO ADDED DECK 11 SF OVER SETBACK REMOVED DECK TOTAL: 63SF, OVER SETBACK: 47SF HOT TUB LOCATION? ADDITION EXISTING CORNER OF HOUSE EXISTING COLUMNS OF HOUSE LOWER PATIO ~944' ELEV. (8' DROP FROM UPPER TERRACE) EXISITING RETAINING WALL TO BE REMOVED EXISTING STEPS TO LAKE TO BE REAPPOINTED REHKAMP LARSON ARCHITECTS INC.2732 West 43rd Street, Mpls, MN 55410Tel. 612-285-7275DRAWN BY: ISSUE DATE: PROJECT PHASE: PROJECT NUMBER:Ahn Residence3275 Carman RoadOrono, MN 55331March 19, 2025 VARIANCE 24-035 2024.03.19 - AHN VARIANCE - NOT FOR CONSTRUCTIONA11 MAIN LEVEL PLAN ML, ATW 47.48 sf 13.47 sf 18.96 sf 11.23 sf 47 sf 50 N1ROOF PLAN 1/4" = 1'-0" on 24x36 1/8" = 1'-0" on 11x17 0 2 4 810/126/126/12 10/1210/1210/1210/126/126/12 6/123/123/12GUTTERS AT FRONT OF HOUSE - ASSUME 5" ALUM. SQUARE FOR PAINT DOWNSPOUT CONNECTS TO A FRENCH DRAIN THAT DAYLIGHTS DOWNHILL VERIFY CONDITION OF SKYLIGHTS AND IF THEY CAN BE RE-FLASHED WHILE PUTTING ON A NEW ROOF, OR IF THEY NEED TO BE REPLACED DEEPER OVERHANGS DEEPER OVERHANGS DEEPER OVERHANGS DEEPER OVERHANGS DEEPER OVERHANGS OPTIONAL CHIMNEY SHROUD 4 SF INTO SETBACK 8 SF INTO SETBACK 7 SF INTO SETBACK A13 ROOF PLAN ATW, JEREHKAMP LARSON ARCHITECTS INC.2732 West 43rd Street, Mpls, MN 55410Tel. 612-285-7275DRAWN BY: ISSUE DATE: PROJECT PHASE: PROJECT NUMBER:Ahn Residence3275 Carman RoadOrono, MN 55331March 19, 2025 VARIANCE 24-035 2024.03.19 - AHN VARIANCE - NOT FOR CONSTRUCTION0'-6" 1'-0"1'-0" 1'-0"1'-0"3'-2 1/2"1'-6"R1 R2 R3 51 0 2 4 8 1 NORTH ELEVATION 1/4" = 1'-0" on 24x36 1/8" = 1'-0" on 11x17 GUTTER GUTTER DOWNSPOUT 7-0 X 3-0 2'-0" X 3'-3" 2'-0" X 3'-3" 2'-0" X 3'-3" 2'-0" X 3'-3" 2'-0" X 3'-3" 2'-0" X 2'-0" 2'-7" X 7'-0" 2'-7" X 7'-0" VFY IF NEW WINDOW IN SAME LOC OR REUSE EXISTING OPTIONAL METAL SHROUD IS ADDED DEEPER OVERHANGS EXISTING CHIMNEY MAIN LVL (F.F.) LOWER LVL (F.F.) 8'-012"LIVING CEILING PEAK KITCHEN (F.C.) GARAGE HALL (F.C.) GARAGE FLOOR BONUS SPACE (F.F.) BONUS SPACE (F.C.) 7'-1012"8'-034"0 2 4 8 2 EXISTING NORTH ELEVATION 1/4" = 1'-0" on 24x36 1/8" = 1'-0" on 11x17 MAIN LVL (F.F.) LOWER LVL (F.F.) 8'-012"LIVING CEILING PEAK KITCHEN (F.C.) GARAGE HALL (F.C.) GARAGE FLOOR BONUS SPACE (F.F.) BONUS SPACE (F.C.) 7'-1012"8'-034"REHKAMP LARSON ARCHITECTS INC.2732 West 43rd Street, Mpls, MN 55410Tel. 612-285-7275DRAWN BY: ISSUE DATE: PROJECT PHASE: PROJECT NUMBER:Ahn Residence3275 Carman RoadOrono, MN 55331March 19, 2025 VARIANCE 24-035 2024.03.19 - AHN VARIANCE - NOT FOR CONSTRUCTIONA20 EXIST'G & PROPOSED ELEVATIONS ML. ATW, JE 1'-0" EXISTING HOUSE VOLUME/MASS EXPANDING VOLUME/MASS EXPANDING VOLUME/MASS AREAS OVER THE SETBACK REMOVED AREAS OVER THE SETBACK IOR ELEVATIONSEXTERIOR ELEVATIONS FRONT PORCH EXPANSION & ADDITION1 INCREASED ROOF OVERHANGS3 CHIMNEY SHROUD ADDITION4 52 42*7'-10 1/2"TILE*7'-10 1/2"TILEH: 84 *13'-1/2"H: 80.5S: 59.5H: 82S: 2928 OWNER'SBATHTILESTOOPH: 7.5S: 92DN PANTRY*7'-10 1/2"BATH*7'-10 1/2"TILEOWNER 369' FL CEIL 3'-6" X4'-3"FRONTPORCH30FRON CLOSE FROSTEDGLASSCONCBENCHFUR OU WALLELECT SHADESADDITIONEXISTINGCORNER OFHOUSEEXISTINGCOLUMNS OFHOUSEPROPOSED RENDERING OF ADDITION EXISTING CONDITIONS FRONT PORCH & ADDITION - EXISTING VS. PROPOSED EXST. ROOF LINE EXST. ROOF LINE PROPOSED PLAN EXISTING PLAN (*PLANS ARE TURNED TO FACADE PERSPECTIVE) 53 0 2 4 8 1 EAST ELEVATION 1/4" = 1'-0" on 24x36 1/8" = 1'-0" on 11x17 APPROX. NATURAL GRADE 7-0 X 3-0 7-0 X 3-0 2'-6" X 3'-7" 2'-6" X 3'-7" UNIT:9'-8" X 7'-0" (STAT)(STAT) 2'-6" X 5'-10" EXIST. OPTIONAL METAL SHROUD IS ADDED HOT TUB? DEEPER OVERHANGS TO COVERED PORCH SMALL EXPANSION TO DECK 75' LAKESHORE SETBACKEXISTING CHIMNEY DEEPER OVERHANGSDEEPER OVERHANGS 0 2 4 8 2 EXISTING EAST ELEVATION 1/4" = 1'-0" on 24x36 1/8" = 1'-0" on 11x17 REHKAMP LARSON ARCHITECTS INC.2732 West 43rd Street, Mpls, MN 55410Tel. 612-285-7275DRAWN BY: ISSUE DATE: PROJECT PHASE: PROJECT NUMBER:Ahn Residence3275 Carman RoadOrono, MN 55331March 19, 2025 VARIANCE 24-035 2024.03.19 - AHN VARIANCE - NOT FOR CONSTRUCTIONA21 EXST'G & PROPOSED ELEVATIONS ML, ATW, JE EXISTING HOUSE VOLUME/MASS EXPANDING VOLUME/MASS EXPANDING VOLUME/MASS AREAS OVER THE SETBACK REMOVED AREAS OVER THE SETBACK IOR ELEVATIONSEXTERIOR ELEVATIONS 1'-0" 1'-0" 0'-6" 1'-9 1/2" EXISTING DECK EXPANSION (11SF) & REMOVAL (47SF) OVER 75' SETBACK 2 INCREASED ROOF OVERHANGS3 CHIMNEY SHROUD ADDITION4 54 0 2 4 8 1 SOUTH ELEVATION 1/4" = 1'-0" on 24x36 1/8" = 1'-0" on 11x17 UNIT:14'-6" X 7'-0" UNIT:12'-6" X 7'-0" 3'-0" X 6'-0" 3'-0" X 6'-0" 3'-0" X 6'-0" 3'-0" X 6'-0" 3'-0" X 6'-0" 3'-0" X 6'-0" 3'-0" X 2'-4" 3'-0" X 2'-4" 3'-0" X 2'-4" 3'-0" X 2'-4" 3'-0" X 2'-4" 3'-0" X 5'-3-1/2" 3'-0" X 1'-6" 3'-0" X 1'-6" 3'-0" X 1'-6" 3'-0" X 1'-6" 3'-0" X 1'-6" 3'-0" X 5'-3-1/2" 3'-0" X 5'-3-1/2" 3'-0" X 5'-3-1/2" 3'-0" X 5'-3-1/2" 2'-4" X 6'-0" 2'-4" X 6'-0" 2'-4" X 6'-0" 2'-4" X 6'-0" 2'-4" X 6'-0" 2'-4" X 6'-0" 2'-4" X 6'-0" 2'-4" X 6'-0" LANDSCAPE STONES (STAT)(STAT) EGRESS EGRESS 2'-6" X 5'-10" OPTIONAL METAL SHROUD IS ADDED DEEPER OVERHANGS EXISTING DECK REMOVED SMALL EXPANSION TO DECK 75' LAKESHORE SETBACK EXISTING CHIMNEY NEW OVERHANG DEEPER OVERHANGS 75' LAKESHORE SETBACKEXISTING DECK FOOTPRINT TO REMAIN 0 2 4 8 2 EXISTING SOUTH ELEVATION 1/4" = 1'-0" on 24x36 1/8" = 1'-0" on 11x17 REHKAMP LARSON ARCHITECTS INC.2732 West 43rd Street, Mpls, MN 55410Tel. 612-285-7275DRAWN BY: ISSUE DATE: PROJECT PHASE: PROJECT NUMBER:Ahn Residence3275 Carman RoadOrono, MN 55331March 19, 2025 VARIANCE 24-035 2024.03.19 - AHN VARIANCE - NOT FOR CONSTRUCTIONA22 EXST'G & PROPOSED ELEVATIONS ML, ATW 1'-0" 1'-6" 3'-2 1/2" 4'-2" EXISTING HOUSE VOLUME/MASS EXPANDING VOLUME/MASS EXPANDING VOLUME/MASS AREAS OVER THE SETBACK REMOVED AREAS OVER THE SETBACK IOR ELEVATIONSEXTERIOR ELEVATIONS R1 R2 R3 EXISTING DECK EXPANSION (11SF) & REMOVAL (47SF) OVER 75' SETBACK 2 INCREASED ROOF OVERHANGS3 CHIMNEY SHROUD ADDITION4 55 3636 0H: 80 H: 83S: 32.5UP 15 RPOSTLOCATIONSAPPROXIMATEHOT TUBBLACKSTONEGRN EGG SMOKERGRILL H: 83.5S: 33PROPOSED - NET REDUCTION OF 140 SF OVER LAKE SHORE SETBACK EXISTING LOWER LEVEL PLAN LAKESIDE DECK - EXISTING VS. PROPOSED 136 SF 47 SF 11SF ADDED 183 SF REMOVED 32 SF ADDED PROPOSED RENDERING OF DECK EXISTING CONDITIONS (*PLANS ARE TURNED TO FACADE PERSPECTIVE) 56 0 2 4 8 1 WEST ELEVATION 1/4" = 1'-0" on 24x36 1/8" = 1'-0" on 11x17 GUTTER NEW DOORS ON EXISTING OPENINGS 3'-5" X 6'-0" 3'-5" X 6'-0" 3'-5" X 6'-0" 3'-0" X 7'-0" 7-0 X 8-0 7-0 X 16-0 2'-0" X 3'-3" 2'-0" X 3'-3" 3'-0" X 5'-6" 3'-0" X 5'-6" VFY IF NEW WINDOW IN SAME LOC OR REUSE EXISTING OPT. WDW EXIST.EXIST. EXIST.EXIST. EXIST.EXIST. EXIST. OPTIONAL METAL SHROUD IS ADDED SMALL EXPANSION TO DECK DEEPER OVERHANGS EXISTING CHIMNEY 75' LAKESHORE SETBACKDEEPER OVERHANGS 0 2 4 8 2 EXISTING WEST ELEVATION 1/4" = 1'-0" on 24x36 1/8" = 1'-0" on 11x17 REHKAMP LARSON ARCHITECTS INC.2732 West 43rd Street, Mpls, MN 55410Tel. 612-285-7275DRAWN BY: ISSUE DATE: PROJECT PHASE: PROJECT NUMBER:Ahn Residence3275 Carman RoadOrono, MN 55331March 19, 2025 VARIANCE 24-035 2024.03.19 - AHN VARIANCE - NOT FOR CONSTRUCTIONA23 EXST'G & PROPOSED ELEVATIONS ML, ATW 1'-0" 1'-0" 0'-6" EXISTING HOUSE VOLUME/MASS EXPANDING VOLUME/MASS EXPANDING VOLUME/MASS AREAS OVER THE SETBACK REMOVED AREAS OVER THE SETBACK IOR ELEVATIONSEXTERIOR ELEVATIONS EXISTING DECK EXPANSION (11SF) & REMOVAL (47SF) OVER 75' SETBACK 2 INCREASED ROOF OVERHANGS3 CHIMNEY SHROUD ADDITION4 57 RENDERING ON NORTH (FRONT) FACADE 58 RENDERING ON SOUTH EAST CORNER 59 PROPOSED MASSING AND 75' LAKESHORE SETBACK 75' SETBACK 60 LOT 7 BLOCK 1 LOT 6 LOT 5 LAGOON C A R M A N R O A D EDGE OF WATER LOCATED 05/23/22. ORDINARY HIGH WATER LEVEL = 929.4 FEET K E Y S T O N E R E T AININ G W A LL S EXISTING BOULDER RETAINING WALLS D E C K PAVER DRIVEWAY TO REMAIN B IT U M IN O U S SITTING AREA? GARDENLANDSCAPINGRIP RAP RIP RAP RIP RAPRIP RAPRIP RAP DOCK DOCK 30'-0" 1 0 '-0 "10'-0"10'-0"100 YEAR FLOOD LINE = 931.5 FEET 1 0 '-0 " S C R E E N P O R C H (B E L O W ) POOL PATIO SEE COFFIN AND GRONBERG SURVEY DATED MAY 24, 2000 SEE CARDARELL & ASSOCIATES SURVEY DATED JAN 27, 1975 (TREE LOCATIONS ARE APPROX.) (TREE LOCATIONS ARE APPROX.) (TREE LOCATION IS APPROX.) 7 5 '-0 "75'-0"P A V E R P A T I O P A T I OPORCH E L E V . ~9 5 2' E L E V . ~9 5 3 .1 'E L E V . ~9 4 6GARDEN STONE STEPS AND STEPPING STONES TERRACED GARDEN 10'-0" REMOVE CRAB APPLE TREE PROTECT TREE PROTECT TREES PROTECT TREE C A T C H B A S I N / F R E N C H D R A I N T O D A Y L I G H T D E C K R E M O V E D D E C K A D D E D A D D I T I O N P A T I O R E M O V E D A N D S M A L L P A V E R S T O O P T O R E M A I N REHKAMP LARSON ARCHITECTS INC.2732 West 43rd Street, Mpls, MN 55410Tel. 612-285-7275DRAWN BY: ISSUE DATE: PROJECT PHASE: PROJECT NUMBER:Ahn Residence3275 Carman RoadOrono, MN 55331March 19, 2025 VARIANCE 24-035 2024.03.19 - AHN VARIANCE - NOT FOR CONSTRUCTIONPROPOSED SITE PLAN S-B, JE, ATW EXISTIN G DWELLI N G EXISTIN G GARAG E WES T NEIG H B O R NORTHNEIGHBORDIAGRAM OF ADJACENT NEIGHBORS VIEW TO THE LAKE 1,092.13 sfBUILDABLE AREA OUTSIDEAVERAGE LAKE SETBACK61 LOT 5N R O A D K E Y S T O N E R E T AININ G W A L L S D E C K PAVER DRIVEWAY TO REMAIN U M IN O U S 30'-0" 1 0 '-0 "10'-0"10'-0"1 0 '-0 " S C R E E N P O R C H (B E L O W ) POOL PATIO SEE COFFIN AND DATED (TREE LOCATIONS ARE APPROX.) (TREE LOCATION IS APPROX.) P A V E R P A T I O P A T I OPORCH E L E V . ~9 5 2 ' E L E V . ~9 5 3 .1 'E L E V . ~9 4 6GARDEN10'-0" PROTECT TREE PROTECT TREES C A T C H B A S I N / F R E N C H D R A I N T O D A Y L I G H T D E C K R E M O V E D D E C K A D D E D A D D I T I O N P A T I O R E M O V E D A N D S M A L L P A V E R S T O O P T O R E M A I N EXISTIN G DWELLI N G EXISTIN G GARAG E ADDITION AT FRONT OF HOUSE IS NOT IN VIEWSHED 11SF ADDITION TO DECK DOES NOT IMPACT VIEWS 47 SF REMOVAL OVER SETBACK IS IN VIEWSHED AND DECK WILL HAVE LESS IMPACT ZOOM IN - DIAGRAM OF ADJACENT NEIGHBORS VIEW TO THE LAKE TREES ON THIS ELEVATION OBSCURE SOME OF THE VIEWS OF THE FRONT FACADE AREAS IN THE VIEWSHED ARE LANDSCAPE AND INTENDED TO BLEND IN - NO ENCROACHMENTS ON THE VIEW 62 RENDERINGS OF PROPOSED DESIGN FRONT FACADE SOUTH (LAKE FACING) FACADE EAST (LAKE FACING) FACADE WEST FACADE 63 EXISITING EXTERIOR PHOTOS NORTH (FRONT) ACADE SOUTHEAST (LAKE FACING) FACADE WEST FACADE SOUTH (LAKE FACING) FACADE GARAGE NORTH (FRONT) FACADE 64 DIRECT NEIGHBOR - PROPERTY TO THE NORTHEAST DIRECT NEIGHBOR - PROPERTY TO THE WEST PROPERTY TO THE WEST OF ADJ. NEIGHBOR PROPERTY TO THE NORTH OF ADJ. NEIGHBOR ADJACENT NEIGHBORS HOMES 65 LOT 7BLOCK 1LOT 6LOT 5LAGOONCARMAN ROADEDGE OF WATER LOCATED 05/23/22.ORDINARY HIGH WATER LEVEL = 929.4 FEETEDGE OF WATER LOCATED 05/23/22.ORDINARY HIGH WATER LEVEL = 929.4 FEETEXISTINGHOUSESURVEY LINESURVEY LINESURVEY LINESURVEY LINESURVEY LINEKEYSTONERETAINING WALLSBOULDERRETAININGWALLSBOULDERRETAININGWALLSDECKPAVERDRIVEWAYBITUMINOUS STONESTEPSSITTINGAREA?GARDENLANDSCAPINGRIP RAPRIP RAPRIP RAPRIP RAPRIP RAPRIP RAPDOCKDOCK30'-0"10'-0"10'-0" 10 ' - 0 "100 YEAR FLOOD LINE = 931.5 FEET100 YEAR FLOOD LINE = 931.5 FEET10'-0"CONC.PATIO(BELOW)POOLPATIOSEE COFFIN AND GRONBERG SURVEYDATED MAY 24, 2000SEE CARDARELL & ASSOCIATESSURVEY DATED JAN 27, 1975(TREE LOCATIONSARE APPROX.)(TREE LOCATIONSARE APPROX.)(TREE LOCATIONIS APPROX.)PAVERPATIO75' -0 " 75'-0"24" CANTILEVERAT MAIN LEVEL10'-0"REHKAMP LARSON ARCHITECTS INC. 2732 West 43rd Street, Mpls, MN 55410 Tel. 612-285-7275DRAWN BY:ISSUE DATE:PROJECT PHASE:PROJECT NUMBER:Ahn Residence 3275 Carman Road Orono, MN 55331March 19, 2025VARIANCE24-0352024.03.19 - AHN VARIANCE - NOT FOR CONSTRUCTION X01EXISTINGSITE PLANSATHRE-BERGQUIST, JEZONING SUMMARYZONING DISTRICT:·LR-1B - ONE FAMILY LAKESHORE RESIDENTIAL - 1 ACRE·SHORELAND OVERLAY DISTRICT·STORMWATER QUALITY OVERLAY DISTRICTLOT COVERAGE: SECTION 78·MAX LOT COVERAGE = 20% (8,869.4 +/- S.F.)·MAX HARDCOVER = 25% (11,086.75 +/- S.F.)·NO HARDCOVER WITHIN 75' OF OHWLTOTAL LOT AREA = 44,347 +/- S.F.EXISTING LOT COVERAGE:·LOT COVERAGE: 2,582 SF (5.82%)·HARDCOVER: 4,946 SF (11.15% - *SEE WORKSHEET)SETBACKS/RESTRICTIONS: (SECTION 78-330)PRIMARY BUILDING·STREET SIDE: 30'·INTERIOR SIDE: 10'·LAKE: 75' (FROM OHWL)·HEIGHT: 30'ACCESSORY STRUCTURES (AS)·STREET SIDE: 10', 30' FOR DETACHED GAR·INTERIOR SIDE: 10'·LAKE: 75' (FROM OHWL)·HEIGHT: MAY NOT EXCEED HT OF PRINCIPAL BUILDINGDEFINITIONS:·LOT COVERAGE: TOTAL COMBINED FOOTPRINTS OF ALLPRINCIPAL & ACCESS. STRUCTURES·HARDCOVER: SHALL INCLUDE BUT NOT BE LIMITED TOTHE FOLLOWING: ALL BUILDING FOOTPRINTS,DRIVEWAYS, SIDEWALKS, STEPPING STONES, RETAININGWALLS, PATIOS, COURTS (SPORT, TENNIS, ETC.), DECKS,POOLS, AREAS USED FOR THE EXTENDED OUTDOORSTORAGE OF VEHICLES OR EQUIPMENT, AND ALL OTHERSIMILAR FEATURES OR SURFACES AS DETERMINED BYTHE CITY ENGINEER OR CITY PLANNER. *EXCLUDEDFROM HARDCOVER: FIRST 100 S.F. OF PERVIOUS PAVERSOR FIRST 100 S.F. OF DECK WITH PERVIOUS SURFACEBELOW1EXISTING SITE DIAGRAM1/16" = 1'-0" on 24x36 1/32" = 1'-0" on 11x17NEXISTINGDWELLINGEXISTINGGARAGE66 3630203030 303036 WDELECWINELOWERBATH*7'-3/4"LVTLOWERBED 2*8'-1/2"LVTLOWERBED 1*8'-1"LVTDEN*8'-1/2"LVTOFFICE*8'-1/2"LVTMECHANICAL*8'-2"CONCCRAWLSPACE*5'-1"CONCCORKFURNW.H.W.S.~3'-1" STEP H: 80H: 80 H: 83S: 32.5H: 84S: 33.5H: 83S: 32.5H: 84S: 60.5H: 84S: 34H: 96S: 74GARAGESLAB ABOVEH & S NOTMEASUREDUP 15 RUP 15 RPOSTLOCATIONSAPPROXIMATEHOT TUBBLACKSTONEGRN EGG SMOKERGRILLN1EXISTING LOWER LEVEL PLAN1/4" = 1'-0" on 24x36 1/8" = 1'-0" on 11x170248H: 83.5S: 33X10EXISTING LOWERLEVEL PLANATW, JEREHKAMP LARSON ARCHITECTS INC. 2732 West 43rd Street, Mpls, MN 55410 Tel. 612-285-7275DRAWN BY:ISSUE DATE:PROJECT PHASE:PROJECT NUMBER:Ahn Residence 3275 Carman Road Orono, MN 55331March 19, 2025VARIANCE24-0352024.03.19 - AHN VARIANCE - NOT FOR CONSTRUCTION 67 283230282442HEATERELEC. PANELSCAR CHARGER2430DN 15 RD.O.REFLIVING*14'-0"@ PEAKTILEDINING*9'-9 1/4"TILEGARAGEHALL*7'-10 1/2"TILEKITCHEN*9'-9 1/4"TILEPANTRY*7'-10 1/2"TILEPOWDER*7'-10 1/2"TILECLOSETGARAGE~*9'-5"CONCH: 83S: 48H1: 34S1: 16H2: 80.5S2: 36H3: 103.5S3: 82.5H: 81S: 44.5DECKH: 80H: 79H: 84*13'-1/2"H: 80.5S: 59.5H: 82S: 29UP 14RSTORAGEH1: 104.5S1: 43.5H2: 134.5S2: 113H: 134.5S: 113DWSTKDW/D28OWNER'SBEDROOM*7'-11"WOODOWNER'SCLOSET*7'-11"WOODATTIC ACCESS H: 83.5H: 83.5H: 82S: 59H: 82S: 31H: 82S: 59H: 81S: 31OWNER'SBATHTILESTOOPH: 7.5S: 92DN 15RN1EXISTING MAIN LEVEL PLAN1/4" = 1'-0" on 24x36 1/8" = 1'-0" on 11x170248PEAK OFCIRCULARWINDOW: 140"H: 84H: 84REHKAMP LARSON ARCHITECTS INC. 2732 West 43rd Street, Mpls, MN 55410 Tel. 612-285-7275DRAWN BY:ISSUE DATE:PROJECT PHASE:PROJECT NUMBER:Ahn Residence 3275 Carman Road Orono, MN 55331March 19, 2025VARIANCE24-0352024.03.19 - AHN VARIANCE - NOT FOR CONSTRUCTION X11EXISTING MAINLEVEL PLANATW, JE68 36H: 82S: 29H: 66S: 45SP: 77.5SP: 61.5SP: 41.5SP: 61.524 SP: 25BONUSSPACE8'-3/4"LVPN1EXISTING ATTIC LEVEL PLAN1/4" = 1'-0" on 24x36 1/8" = 1'-0" on 11x170248DN 14RX12EXISTING ATTICLEVEL PLANATW, JEREHKAMP LARSON ARCHITECTS INC. 2732 West 43rd Street, Mpls, MN 55410 Tel. 612-285-7275DRAWN BY:ISSUE DATE:PROJECT PHASE:PROJECT NUMBER:Ahn Residence 3275 Carman Road Orono, MN 55331March 19, 2025VARIANCE24-0352024.03.19 - AHN VARIANCE - NOT FOR CONSTRUCTION 69 N1EXISTING ROOF PLAN1/4" = 1'-0" on 24x36 1/8" = 1'-0" on 11x170248X13EXISTINGROOF PLANATW, JEREHKAMP LARSON ARCHITECTS INC. 2732 West 43rd Street, Mpls, MN 55410 Tel. 612-285-7275DRAWN BY:ISSUE DATE:PROJECT PHASE:PROJECT NUMBER:Ahn Residence 3275 Carman Road Orono, MN 55331March 19, 2025VARIANCE24-0352024.03.19 - AHN VARIANCE - NOT FOR CONSTRUCTION 70 1012101202481EXISTING NORTH ELEVATION 1/4" = 1'-0" on 24x36 1/8" = 1'-0" on 11x1761202482EXISTING EAST ELEVATION 1/4" = 1'-0" on 24x36 1/8" = 1'-0" on 11x17STONESTEPSMAIN LVL (F.F.) LOWER LVL (F.F.) 8'-012"LIVING CEILING PEAK KITCHEN (F.C.) GARAGE HALL (F.C.) GARAGE FLOORBONUS SPACE (F.F.) BONUS SPACE (F.C.) 7'-1012"8'-034"MAIN LVL (F.F.) LOWER LVL (F.F.) 8'-012"LIVING CEILING PEAK KITCHEN (F.C.) GARAGE HALL (F.C.) GARAGE FLOORBONUS SPACE (F.F.) BONUS SPACE (F.C.) 7'-1012"8'-034" REHKAMP LARSON ARCHITECTS INC. 2732 West 43rd Street, Mpls, MN 55410 Tel. 612-285-7275DRAWN BY:ISSUE DATE:PROJECT PHASE:PROJECT NUMBER:Ahn Residence 3275 Carman Road Orono, MN 55331March 19, 2025VARIANCE24-0352024.03.19 - AHN VARIANCE - NOT FOR CONSTRUCTION X20EXISTING EXTELEVATIONSATW, JE71 1012101202481EXISTING SOUTH ELEVATION 1/4" = 1'-0" on 24x36 1/8" = 1'-0" on 11x17STONESTEPS61202482EXISTING WEST ELEVATION 1/4" = 1'-0" on 24x36 1/8" = 1'-0" on 11x17MAIN LVL (F.F.) LOWER LVL (F.F.) 8'-012"LIVING CEILING PEAK KITCHEN (F.C.) GARAGE HALL (F.C.) GARAGE FLOORBONUS SPACE (F.F.) BONUS SPACE (F.C.) 7'-1012"8'-034"MAIN LVL (F.F.) LOWER LVL (F.F.) 8'-012"LIVING CEILING PEAK KITCHEN (F.C.) GARAGE HALL (F.C.) GARAGE FLOORBONUS SPACE (F.F.) BONUS SPACE (F.C.) 7'-1012"8'-034" REHKAMP LARSON ARCHITECTS INC. 2732 West 43rd Street, Mpls, MN 55410 Tel. 612-285-7275DRAWN BY:ISSUE DATE:PROJECT PHASE:PROJECT NUMBER:Ahn Residence 3275 Carman Road Orono, MN 55331March 19, 2025VARIANCE24-0352024.03.19 - AHN VARIANCE - NOT FOR CONSTRUCTION X21EXISTING EXTELEVATIONSATW, JE72 73 LOT 7 BLOCK 1 LOT 6 LOT 5 LAGOON C A R M A N R O A D EDGE OF WATER LOCATED 05/23/22. ORDINARY HIGH WATER LEVEL = 929.4 FEET EDGE OF WATER LOCATED 05/23/22. ORDINARY HIGH WATER LEVEL = 929.4 FEET EXISTINGHOUSE K E Y S T O N E R E T AININ G W A LL S BOULDER RETAINING WALLS BOULDER RETAINING WALLS D E C K PAVER DRIVEWAY B IT U M IN O U S STONE STEPS SITTING AREA? GARDENLANDSCAPINGRIP RAP RIP RAP RIP RAP RIP RAPRIP RAPRIP RAP DOCK DOCK 30'-0" 1 0 '-0 "10'-0"10'-0"100 YEAR FLOOD LINE = 931.5 FEET 100 YEAR FLOOD LINE = 931.5 FEET 1 0 '-0 " C O N C .P A T I O (B E L O W ) POOL PATIO SEE COFFIN AND GRONBERG SURVEY DATED MAY 24, 2000 SEE CARDARELL & ASSOCIATES SURVEY DATED JAN 27, 1975 (TREE LOCATIONS ARE APPROX.) (TREE LOCATIONS ARE APPROX.) (TREE LOCATION IS APPROX.) P A V E R P A T I O 7 5 '-0 "75'-0"2 4 " C A N T I L E V E R A T M A I N L E V E L 1 0 '-0 "REHKAMP LARSON ARCHITECTS INC.2732 West 43rd Street, Mpls, MN 55410Tel. 612-285-7275DRAWN BY: ISSUE DATE: PROJECT PHASE: PROJECT NUMBER:Ahn Residence3275 Carman RoadOrono, MN 55331March 19, 2025 VARIANCE 24-035 2024.03.19 - AHN VARIANCE - NOT FOR CONSTRUCTIONX01 EXISTING SITE PLAN 1 EXISTING SITE DIAGRAM 1/16" = 1'-0" on 24x36 1/32" = 1'-0" on 11x17 N EXISTING TO REMAIN EXISTING TO BE REMOVED ZONING SUMMARY ZONING DISTRICT: ·LR-1B - ONE FAMILY LAKESHORE RESIDENTIAL - 1 ACRE ·SHORELAND OVERLAY DISTRICT ·STORMWATER QUALITY OVERLAY DISTRICT LOT COVERAGE: SECTION 78 ·MAX LOT COVERAGE = 20% (8,869.4 +/- S.F.) ·MAX HARDCOVER = 25% (11,086.75 +/- S.F.) ·NO HARDCOVER WITHIN 75' OF OHWL TOTAL LOT AREA = 44,347 +/- S.F. EXISTING LOT COVERAGE: ·LOT COVERAGE: 2,582 SF (5.82%) ·HARDCOVER: 4,946 SF (11.15% - *SEE WORKSHEET) 74 LOT 7 BLOCK 1 LOT 6 LOT 5 LAGOON C A R M A N R O A D EDGE OF WATER LOCATED 05/23/22. ORDINARY HIGH WATER LEVEL = 929.4 FEET EDGE OF WATER LOCATED 05/23/22. ORDINARY HIGH WATER LEVEL = 929.4 FEET EXISTINGHOUSE K E Y S T O N E R E T AININ G W A LL S EXISTING BOULDER RETAINING WALLS D E C K PAVER DRIVEWAY TO REMAIN B IT U M IN O U S SITTING AREA? GARDENLANDSCAPINGRIP RAP RIP RAP RIP RAP RIP RAPRIP RAPRIP RAP DOCK DOCK 30'-0" 1 0 '-0 "10'-0"10'-0"100 YEAR FLOOD LINE = 931.5 FEET 100 YEAR FLOOD LINE = 931.5 FEET 1 0 '-0 " S C R E E N P O R C H (B E L O W ) POOL PATIO SEE COFFIN AND GRONBERG SURVEY DATED MAY 24, 2000 SEE CARDARELL & ASSOCIATES SURVEY DATED JAN 27, 1975 (TREE LOCATIONS ARE APPROX.) (TREE LOCATIONS ARE APPROX.) (TREE LOCATION IS APPROX.) 7 5 '-0 "75'-0"P A V E R P A T I O P A T I OPORCH E LE V. ~9 5 2 ' E L E V . ~9 5 3 .1 'E L E V . ~9 4 6GARDEN STONE STEPS AND STEPPING STONES TERRACED GARDEN 10'-0" REMOVE CRAB APPLE TREE PROTECT TREE PROTECT TREES PROTECT TREE C A T C H B A S I N / F R E N C H D R A I N T O D A Y L I G H T D E C K R E M O V E D D E C K A D D E D A D D I T I O N P A T I O R E M O V E D A N D S M A L L P A V E R S T O O P T O R E M A I N REHKAMP LARSON ARCHITECTS INC.2732 West 43rd Street, Mpls, MN 55410Tel. 612-285-7275DRAWN BY: ISSUE DATE: PROJECT PHASE: PROJECT NUMBER:Ahn Residence3275 Carman RoadOrono, MN 55331March 19, 2025 VARIANCE 24-035 2024.03.19 - AHN VARIANCE - NOT FOR CONSTRUCTIONA01 PROPOSED SITE PLAN S-B, JE, ATW 1 SITE DIAGRAM 1/16" = 1'-0" on 24x36 1/32" = 1'-0" on 11x17 N EXISTING TO REMAIN PROPOSED ADDITIONAL HARDCOVER ZONING SUMMARY ZONING DISTRICT: ·LR-1B - ONE FAMILY LAKESHORE RESIDENTIAL - 1 ACRE ·SHORELAND OVERLAY DISTRICT ·STORMWATER QUALITY OVERLAY DISTRICT LOT COVERAGE: SECTION 78 ·MAX LOT COVERAGE = 20% (8,869.4 +/- S.F.) ·MAX HARDCOVER = 25% (11,086.75 +/- S.F.) ·NO HARDCOVER WITHIN 75' OF OHWL TOTAL LOT AREA = 44,347 +/- S.F. EXISTING LOT COVERAGE: ·LOT COVERAGE: 2,582 SF (5.82%) ·HARDCOVER: 4,946 SF (11.15% - *SEE WORKSHEET) 75 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) ] % 76 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) ] % 77 Hennepin County Locate & Notify Map 3275 Carman 0 200 400100 Feet Date: 3/20/2025 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 78 38 20-117-23 14 0007 DAVID GIGERICH KELLY GIGERICH 2697 KELLY AVE EXCELSIOR MN 55331 38 20-117-23 14 0008 MARK & POLLY KIEPER 4965 GULF OF MEXICO DR LONGBOAT KEY FL 34228 38 20-117-23 14 0009 BENNETT W HOUCK MELISSA A HOUCK 3225 CARMAN RD EXCELSIOR MN 55331 38 20-117-23 14 0010 JON S NIELSEN 3245 CARMAN ROAD EXCELSIOR MN 55331 38 20-117-23 14 0011 D MARK HECTOR BONNIE K BOHN-HECTOR 3265 CARMAN RD EXCELSIOR MN 55331 38 20-117-23 14 0012 PETER AHN & SUSAN AHN 3275 CARMAN RD EXCELSIOR MN 55331 38 20-117-23 14 0013 L R MOLSATHER & L D SALLEE 3285 CARMAN RD EXCELSIOR MN 55331 38 20-117-23 14 0014 JAMES DIEBEL & DEVON DIEBEL 3295 CARMAN RD EXCELSIOR MN 55331 38 20-117-23 14 0015 JOAN E NIELSEN STEVEN J NIELSEN 3300 CARMAN RD EXCELSIOR MN 55331 38 20-117-23 14 0016 CITY OF ORONO PO BOX 66 CRYSTAL BAY MN 55323 38 20-117-23 14 0017 MARILYN H MCCLASKEY P O BOX 6 MINNETONKA BEACH MN 55361 38 20-117-23 14 0025 JACK EUGSTER/CAROL M EUGSTER 2655 KELLY AVE EXCELSIOR MN 55331 38 20-117-23 14 0026 ELLEN REDMOND REVOC TRUST 2625 KELLY AVE EXCELSIOR MN 55331 38 21-117-23 23 0040 TED R & WENDY WEIHE STORLIE 2701 KELLY AVE EXCELSIOR MN 55331 38 21-117-23 23 0041 CHARLES MORIN TANYA M SREPEL 2699 KELLY AVE EXCELSIOR MN 55331 38 21-117-23 23 0042 ANTHONY JAY REHMAN LISA A REHMAN 2703 WALTERS PORT LA EXCELSIOR MN 55331 38 21-117-23 23 0043 PATRICIA/RICHARD CROSBY II 2705 WALTERS PORT LA EXCELSIOR MN 55331 38 21-117-23 23 0044 WILLIAM J & SANDRA J KEEGAN 2707 WALTERS PORT LA EXCELSIOR MN 55331 38 21-117-23 23 0046 WILLIAM M & SUSAN K DUNKLEY 3405 ANNAPOLIS LA N #100 PLYMOUTH MN 55447 38 21-117-23 23 0047 ANDREW J MCDERMOTT III 2702 WALTERS PORT LA EXCELSIOR MN 55331 38 21-117-23 23 0048 ENVIRONMENTAL PLANNING INC 4910 IDS CENTER MPLS MN 55402 38 21-117-23 23 0049 CHARLES MORIN TANYA M SREPEL 2699 KELLY AVE EXCELSIOR MN 55331 38 21-117-23 23 0063 WILLIAM M DUNKLEY SUSAN K DUNKLEY 2709 WALTERS PORT LA EXCELSIOR MN 55331 38 21-117-23 23 0064 ERIC VOGSTROM ELIZABETH VOGSTROM 2710 PENCE LA EXCELSIOR MN 55331 79 Date: April 21, 2025 Item: 6.3 Presenter: Melanie Curtis, Planner Section: Public Hearings Title: LA25-000012, PKA Architecture, 1205 Tonkawa Road, Average Lakeshore Setback, Lake Setback Variances & Plumbing in an Accessory Building. (Melanie Curtis) 1.Purpose: This application is regarding variances to support reconstruction of an existing lakeside accessory building with plumbing. 2.MN§15.99 Application Deadline: The application was submitted on March 19, 2025, and considered to be complete on March 25th. The 60-day review period will end on May 24, 2025. 3.Background: The applicant requests the following variances to reconstruct an existing legal, nonconforming “boathouse” accessory building (with a one-foot expansion in height) due to floodplain regulations: A lake setback variance to allow a one-foot vertical expansion of the building, 20 feet from the lake where a 75-foot setback is required; An average lakeshore setback variance to allow the one-foot expansion lakeward of the ALS; A variance from City Code Section 78-1125 requiring a 15-foot wide rescue bench around the building elevated on fill; and Allow plumbing to be installed in the nonconforming building. Full details of the application and the variance analysis are included in the Planner Report attached as Exhibit A. 4.Public Comment: Comments from the DNR were received and are attached as Exhibit L. 5.Staff Recommendation: Staff recommends approval as applied subject to the Plumbing in Accessory Building covenant. 6.Planning Commission Action Requested: Planning Commission should consider a motion to approve the variances as applied. AGENDA ITEM Exhibits Exhibit A - Staff Report Exhibit B - Application & Narrative Exhibit C - Practical Difficulties Exhibit D - Survey 80 Exhibit E - Plans Exhibit F - Hardcover Calcs Exhibit G - Aerial Photos Exhibit H - Code Excerpts Exhibit I - MCWD Permit Exhibit J - Draft Covenant Exhibit K - Map & Labels Exhibit L - DNR comments 81 Date Application Received: 03/19/2025 Date Application Considered as Complete: 03/25/2025 60-Day Review Period Expires: 05/24/2025 To: Chair Bollis and Planning Commission Members Adam Edwards, City Administrator From: Melanie Curtis, Planner mcc Date: 21 April 2025 Subject: #LA25-000012, PKA Architecture o/b/o Joseph & Crystal Wald, 1205 Tonkawa Rd, Variances - Public Hearing Background A new home is under construction on the property. The applicant requests approvals to reconstruct an existing legal, nonconforming “boathouse” accessory building located approximately 20 feet from the OHWL of Lake Minnetonka and within the 100-year floodplain. A portion of the property is located below the 100-year floodplain elevation of 931.5’. Because the existing building does not conform to the floodplain low floor elevation it cannot be rebuilt in-kind. The applicant proposes to add fill in the floodplain to elevate the building one foot to meet the minimum low floor requirements. The fill requires a floodplain alteration permit from the Minnehaha Creek Watershed District (Exhibit I) and will result in a one-foot vertical expansion of the building within the ALS and 75-foot lake setback. The proposal includes a variance from the requirement to provide a 15-foot-wide “rescue bench” of fill around the elevated building. Due to the building’s proximity to the lake, it cannot be accomplished on the lake side of the building. Additionally, the applicant proposes to install plumbing fixtures in the new building, which is considered to be an expansion of the use of the existing building. Practical Difficulties Analysis Applicant’s Analysis: The applicant has identified the existing building location, the site’s unique topography, which includes areas of floodplain and bluff as practical difficulties supporting the requested variances. Additionally, they have provided supporting documentation regarding Practical Difficulties, attached as Exhibit C, and should be asked for additional testimony regarding the application. Application Summary: The applicant is requesting average lakeshore setback (ALS) and 75-foot lake setback variances for an in-kind replacement of an accessory building, elevated on fill to meet FEMA floodplain regulations; plumbing fixtures, including a sink, toilet, and a shower, are also proposed Staff Recommendation: Planning Department Staff recommends approval. Existing Boathouse Proposed Boathouse 82 FILE #LA25-000012 21 April 2025 Page 2 of 5 Planning Staff Practical Difficulty Analysis: Regarding practical difficulty, Staff agrees with the applicant’s assessment that the property's topography and existing conditions create difficulties for the development of the property. The boathouse does not meet the floodplain regulations; an in-kind rebuild is not allowed. The applicant proposes the minimum fill necessary to meet the floodplain regulations. The resulting vertical expansion is a result of the fill. The variance to permit the minimal upward volume expansion is solely to conform to the floodplain regulations. Except for the one-foot increase, the building will be reconstructed in the same footprint and volume as the existing building. The overall hardcover within the 75-foot setback is decreasing with the project. LOT ANALYSIS WORKSHEET Section 78-330 & 78-1279 – Boathouse Setbacks: LR-1B Required Existing Proposed Street/Rear 30’ 138’ 138’ North Side 10’ ~180‘ No change Wetland 40’ MCWD buffer ~100’ No change Lakeshore 75’ 20’ 20’ Average Lakeshore The proposed boathouse will encroach approximately 70 feet lakeward of the average lakeshore setback. Section 78-330 – Lot Area/Width: LR-1B Lot Area Lot Width Required 43,560 s.f. (1.0 acres) 140’ Actual 89,449 s.f. (2.05 acre) +500’ @ 75’ / +680’ @ OHWL Section 78-1403 – Structural Building Coverage: The property has 89,449 square feet or 2.05 acres in area and is not subject to maximum structural building coverage limitations. Section 78-1680 and 78-1700 – Hardcover Calculations: As proposed, the plan reflects a 155 square foot reduction in hardcover within the 75-foot lake setback. Stormwater Overlay District Tier Total Area in Zone Allowed Hardcover Existing Hardcover Proposed Hardcover Tier 1 89,449 s.f. 22,362 s.f. (25 %) 12,445 s.f. (14%) 1,792 s.f. w/in 75’ 16,683 s.f. (18.6%) 1,637 s.f w/in 75’ Applicable Regulations: Floodplain Rescue Bench Variance (City Code Section 78-1125(a)) The boathouse is located within 20 feet of the OHWL. Floodplain filling and mitigation are proposed so the new boathouse can be elevated one foot to comply with the minimum elevation regulations required by the City and MCWD. The Code requires an elevation bench set at 931.5’ around the perimeter of the building to be elevated on fill. The proposed grading plan provides the required rescue bench on three sides of the building, but can only accommodate this elevation for 8.5 feet on the lake side (from the covered porch), however, it meets or exceeds 15 feet as measured from the building. Lake Setback and Average Lake Setback Variances (Section 78-1279) The existing boathouse is located lakeward of the average lakeshore setback and the 75-foot lake setback, 83 FILE #LA25-000012 21 April 2025 Page 3 of 5 and also within the 100-year floodplain. The applicant is proposing to rebuild the boathouse in-kind. The proposed building and covered porch areas will be flipped within the footprint, and the total roof/overhang size will be reduced. The average lakeshore setback is determined by the 85.3-foot setback (from the lake) of the principal building on the property to the north (1185 Tonkawa Road). The existing boathouse has a low floor elevation of 932.1’, where 932.5’ is required by the City. MCWD requires a minimum low opening of two feet above the 100-year floodplain elevation. Because it is being elevated on fill, a minimal upward massing expansion of one foot, equal to the amount of fill, is proposed. The new boathouse will have a floor and door threshold elevation of 933.5’. The new, expanded building volume requires a variance from the lake and average lakeshore setbacks due to the increase in height. The one-foot expansion of the building mass will not impact neighboring properties. Plumbing in a Nonconforming Accessory Building (City Code Section 78-1437) Because the primary lake recreation space (beach and boathouse) is separated from the home by over 100 feet (and a 25-30% slope), the new boathouse is proposed with bathroom facilities. City Code allows plumbing facilities (including a bathtub and/or shower) within accessory buildings, subject to a covenant restricting the use of the building. The owners will be required to record the restrictive covenant against the property (Exhibit J), limiting the use of the building to the owner/occupant of the property for non-dwelling purposes. The relevant City Codes are included as Exhibit H. 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. North Elevation - Proposed 84 FILE #LA25-000012 21 April 2025 Page 4 of 5 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 supports the minimal expansion of the non-conforming boathouse within the lake yard and average lakeshore setback. Lake yard construction prohibitions are intended to maintain the natural lakeshore and encourage development away from the lake. Alternatively, the goals of average lakeshore setback include protecting views from land into the lake, and the requested variances to increase the height of the existing boathouse to the minimum amount necessary to meet the floodplain regulations are in harmony with the Ordinance. The most adjacent neighbors are situated so that the changes to the existing boathouse will not impact their lake views. The minimal additional mass of the flat roof areas within the setbacks will not be closer to the lake than existing and will not negatively impact the views into the property from the lake. This criterion is met. 2. The variance is consistent with the comprehensive plan. The variances resulting in reconstruction of the existing boathouse (without footprint expansions) within the setbacks in a residential zone are consistent with the Comprehensive Plan. The variance to permit the minimal upward volume expansion is solely to conform to the floodplain regulations. This criterion is met. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The variances requested to permit reconstruction of the boathouse with minor upward expansion appear to be reasonable; the flat roof design of the boathouse minimizes any potential negative impacts; the mature vegetation, and location of neighboring homes separate the boathouse from the adjacent neighbors. Additionally, the variance relating to the exception for the floodplain rescue bench on the lake side of the boathouse is reasonable, as it is not a principal building. This criterion is met. b. There are circumstances unique to the property not created by the landowner; The boathouse was originally constructed in the 1960s by previous owners and needs replacement due to its age and deferred maintenance; and c. The variance will not alter the essential character of the locality. The requested variances will not result in the property being out of character with the neighborhood, will not expand the footprint of the building, or result in additional encroachment into the setbacks toward the lake. The new upward encroachment will not alter the character of the locality. This criterion is met. Additionally, City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination. 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 17, when in harmony with Orono City Code Chapter 78. This condition is not applicable. 6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located. This c ondition is not applicable, as residential improvements are allowed in the Lr-1B District. 7. The board or council may permit as a variance the temporary use of a one-family dwelling as a two- family dwelling. This condition is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The proximity of the boathouse within the setbacks is an existing condition that is unique to the property. 85 FILE #LA25-000012 21 April 2025 Page 5 of 5 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The location and existence of the nonconforming accessory building is an existing condition unique to a small number of properties in the City, but could be applied to all other lakeshore properties with lake yard accessory buildings and boathouses. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The owners’ substantial property right is provided by the principal structure. The nonconforming building is allowed to be maintained and replaced in kind. Expansion of an existing non-conforming structure is not a right; however, the building will be expanded to comply with floodplain minimum low floor regulations. 11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. Granting the requested variances will not adversely impact health, safety, comfort, or morals; The Commission should determine whether the modest massing expansion negates to goals of the code concerning views into, and across, the property. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The applicant asserts that the variances are necessary to modestly increase functionality, and for safety and regulatory compliance, and will not merely serve as a convenience to the owners. 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 To date, no public comments have been received. Issues for Consideration 1. Does the Planning Commission find that the property owner proposes to use the property in a reasonable manner that 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 variances as applied, subject to the owners executing a plumbing covenant. 86 Land Use Application Summary Application Date:03/19/2025 Address:1205 Tonkawa Road Orono, MN 55356 Parcel Number:0811723130018 Land Use Number:LA25-000012 Application Submitted By:Agent on behalf of property owner Owner:Name: JOSEPH WALD & CRYSTAL WALD Address: 100 11TH AVE #15A NEW YORK NY 10011 Applicant:Name: Andrew Edwins Company: PKA Architecture Address: 2919 James Ave S Minnepaolis, MN 55408 andrew@pkarch.com Contact Information:Associated Contact: Associated Contact: Associated Contact: Associated Contact: Project Description:Variance Application 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: 4/11/25, 8:59 AM Permit Details | Citizenserve https://www7.citizenserve.com/Admin/PermitController?Action=DisplayPermitDetail&SelectedTab=Permits&Permit_ID=51763616&WorkOrder_ID=894…1/187 1205 Tonkawa Rd Variance Application Narrative After living on the property for more than 15 years and planning the construction of a new home, our clients, the homeowners, are looking to replace their existing boathouse with a new structure that (1) is not dilapidated or a visual nuisance to the views of the property from the lake, road, and neighboring properties; and (2) provides greater enjoyment of the lake as a recreational opportunity for themselves and their multi-generational family and guests. Their new home is already under construction on the property. No variances or conditional use permits were required for that project. The existing boathouse is a cinderblock structure built in the 1960s without a true foundation. Over time, the Minnesota winters have caused the block walls to crack and the columns at the open storage area to shift and lean, leading to concerns over the safety of the structure. It has been the homeowners desire since purchasing the property to replace this structure. The purpose of this application is threefold. (1) To increase the allowable height of an accessory structure by 1’-0” above the existing volume so that the lowest opening elevation of the proposed boathouse conforms with the Minnehaha Creek Watershed District’s (MCWD) requirement of 933.5’ ASL. This is more stringent than the 932.5’ ASL provision of the City of Orono for lowest floor elevation as we will discuss shortly. (2) to request a variance from the 15’-0” fill bench requirement per section 78-1125(a) of the Orono Code. And (3) to request a variance for plumbing in an accessory building. Any grading that will accompany this project has been specifically designed to not only enhance the natural character of the lakeshore, but also to ensure that no net addition of fill will take place below the regulatory flood protection elevation. 1. Setback Variance (to allow building volume expansions within the average lakeshore and 75-foot setbacks) Without the MCWD provision, the boathouse as designed would meet all necessary requirements of the City of Orono. The two key requirements for the boathouse from the City of Orono are (1) the lowest floor elevation must be one foot higher than the 100-year flood elevation and (2) the new structure must be constructed within the volume of the existing structure (in kind replacement). In this case, the City requires a lowest floor elevation of 932.5’ ASL which we could meet even as this means raising the floor above the current elevation of 932.1’ASL. The roof height of the existing boathouse varies as it has a sloping shed roof. Using the lowest height of the existing roof (940.77’ ASL) as our 88 maximum allowable height we could create a structure that meets both the minimum floor elevation as well as stays within the City’s volume of the existing structure. However, the MCWD has a requirement that all openings be at least two feet above the 100-year flood elevation – functionally one foot higher than the City’s code requires. In the case of MCWD, the relevant section is their Floodplain Alteration Rule. Under Section 2 – Applicability the rule states that, “…a structure intended for residential, commercial, industrial, or institutional occupancy must be constructed so that door and window openings are at least two feet above the 100-year high water elevation of the waterbody.” Our request for this variance is directly related to this one foot diƯerence in height between the City Code and the MCWD rule. The sloped roof of the current boathouse has a lowest height above existing grade of 9’-2” and is 10’-5” above existing grade at its highest. In granting the variance, the height of the new structure above the new grade will be about 8’-6”. In actuality, the distance from the grade to the top of the roof will be shorter than the existing boathouse yielding less of a visual impact and, relative to the existing boathouse, will appear shorter. Further, the highest point on the existing boathouse is 942.19’ ASL. Whereas the proposed maximum height of the new boathouse will be 942.03’ ASL. Thus, the actual overall height of the proposed structure will be approximately 2” lower in real terms than the existing highest point even with the granting of one additional foot of overall height. To summarize the discussion above, we have provided a table showing how the proposed boathouse with the variance granted compares with the existing. As the data shows, the proposed boathouse will be smaller overall (as indicated in green) in both real and relative terms, smaller in footprint, and smaller in volume. The only aspect that will increase (shown in red) is the height of the lowest portion of the roof. This is our request, and as discussed previously, this 1’-0” increase in grade is necessary to comply with the MCWD’s opening elevation requirements and provides greater flood protection. Feature Existing Proposed Delta Lowest Roof Height Above Grade (ft) 9'-2" 8'-8 1/4" -5 3/4" Highest Roof Height Above Grade (ft) 10'-7" 8'-11 1/2" -1'-7 12" Lowest Roof Height (ASL) 940.78 941.77 0.99’ Highest Roof Height (ASL) 942.19 942.03 -0.16’ Footprint (sf) 859 780 -79sf Enclosed Footprint (sf) 472 415 -57sf Roof area (sf, plan view) 1023 791 -232sf Volume (cf) 8616 6828 -1788ft3 89 Our understanding of the City code is that in-kind replacement serves to both protect views from the water to the land as well as allow current homeowners to improve their property. Given that the new structure will not only appear smaller and have less visual impact on the lakeshore, but also replace a visually unappealing structure, we believe that this request is in keeping with the intent of the Zoning Code. 2. 15-foot fill bench requirement The location of the existing boathouse, which was built well prior to the homeowners purchasing the property, is 13’-9” from the edge of the rip rap at the lake shore. Section 78- 1125(a) of the Orono Zoning Code states that, “All structures, including accessory structures, must be elevated on fill so that the lowest floor, as defined, is at or above the regulatory flood protection elevation. The finished fill elevation for structures must be no lower than one foot below the regulatory flood protection elevation and the fill must extend at the same elevation at least 15 feet beyond the outside limits of the structure.” Per Section 78-1111 the regulatory flood protection elevation (RFPE) is 932.5’ which means that 15’ horizontally from the perimeter of the structure would be required to have fill elevated to at least 931.5’ ASL. The elevation of the edge of the rip rap at the lake shore varies from between 930’ ASL and 931’ ASL. To comply with this provision would mean that we would need to alter the edge of the lakeshore by raising the grade by nearly 1’-6” in some locations. EƯectively, this would mean that complying with this provision of the code would mean grading out into the lake. Our understanding of the intent of this provision is to allow for flood protection of structures by allowing for flood waters to be diverted around structures. However, in this instance, complying with this provision of the code creates a practical diƯiculty because there is not room to provided for the bench without altering the profile of the lakeshore – an act that would cause direct impact on the lake’s hydrology and the flood water retention of the site. 3. Plumbing in an accessory building The addition of plumbing in the boathouse plays an important role in increasing the homeowner’s ability to access the lakeshore for not only their continued recreational use, but also the use of ageing family and friends. Having a significant amount of existing grade between the primary residence and boathouse (over 20 feet in elevation to the main level of the home) it’s important for their multi-generational family to have access to a bathroom on the lower, lake access portion of their lot. Per Section 78-1437(3) of the Orono Code, specifically allows the installation of toilet, shower, and sink in an accessory building provided that the accessory structure is not used for dwelling purposes. It is our 90 understanding that the variance is now required because the DNR is deeming the inclusion of the plumbing as an intensification of use. In this instance the inclusion of the sink, toilet, and shower serve as a benefit directly for use by people recreating at the lake and maintaining and cleaning recreational equipment and attire. Given the grading on site, basic facilities like a toilet are not accessible to ageing family and friends currently, the inclusion of these fixtures is to allow for a greater level of accessibility for all people to the lake. It is our understanding that the intent of this portion of the code is to ensure that the lakeshore is preserved in a manner in which the character of the shoreline is maintained and to limit the density of residential areas of the city to only the allowed densities. Although the inclusion of plumbing in the proposed boathouse may be an intensification of use, the intent of the owners is that this will remain a structure for storage for lake activities and a spot of rest during the day, not for dwelling purposes. In recognition of this fact, and in conformance with Section 78-1437(3), the homeowners are prepared to sign a covenant confirming that the structure will not be used for a home occupation or rented, leased, or provided for use as a dwelling. In signing this covenant, the lakeshore will remain a place for recreation, but not for dwelling. Floodplain Management Provisions With regards to Section 78-1147(c) we would note that as stated above, there will be no increase in flood levels as a result of the variance. The grading plan has been specifically designed so that there will be no net change in the flood storage capacity of the site (in fact the site will allow for more flood water storage on site than currently exists). Without these variances, the homeowner would not be able to reconstruct their existing structure to meet the minimum flood protection elevation requirements of the MCWD. Lastly, the variances in question will not increase flood heights, or substantially alter the character of the location, or cause a nuisance to the neighboring properties. 91 PRACTICAL DIFFICULTIES DOCUMENTATION FORM LA25-000012 1. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter. Response: Continuing the use of an existing structure by the lake for residential recreational and storage purposes is in keeping with the intent of the zoning code. Though this is an intensification of use of the existing structure, through a covenant signed with the city the homeowners will not be using this new space for dwelling purposes. 2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. Response: The request to raise the building 1’-0” above the existing volume of the existing structure is a direct result of needing to comply with the Minnehaha Creek Watershed District regulations and the City of Orono Regulations. The proposed structure as designed prior to adjustment required my MCWD fits within the volume of the existing boathouse – complying with the city. Further, the current design could meet the lowest level provision of the Orono code as well. Thus, the structure meets all underlying Orono zoning requirements. But, due to the low-lying elevation of the existing structure which was in existence when the homeowners bought the property, a variance is needed. Further, the location of the existing boathouse was not determined by the current homeowner, and thus the proximity to the lake and inability to provide a full 15’ buffer at 931.5’ASL because the 15’ would cause alterations to the lake shore are a situation not create by the homeowner. The topography of the site has existed for decades. The desire to include plumbing in the reconstructed structure is a direct response to the existing and dramatic grade change on the site. Having a place of rest at the lower elevation of the site will allow for the increased use of the property by a wider range of people with varying abilities including aging family and friends. Please see the attached narrative for more information. 3. The variance, if granted, will not alter the essential character of the locality. Response: If granted, the newly constructed boathouse will be smaller both visually and dimensionally, than the existing boathouse. The height from grade to the highest point of the existing boathouse is currently 10’-5 1/2” at east and 9’-3” at the west. The proposed boathouse, with the subsequent grading that is necessary, will be 9’-1” above grade. Thus, granting of the variance will result in a visual impact from the lakeshore that is less than the current conditions on site. If granted, the highest point of the new boathouse will still be below the highest point of the existing roofline by approximately 2”. Even with the additional 1’-0” of height, the proposed structure will be lower than the highest point of the existing roofline. Further, if granted, the grading around the boathouse will better protect the new structure than the current as the new structure will now comply with both City and MCWD flood protection elevation requirements. The addition of plumbing to the structure will not alter the essential character of the locality. The homeowners are willing to sign a covenant stating that the structure will not be used as a dwelling. Thus, the character of the locality will remain as this will be an accessory structure and not a dwelling unit by the lake. Please see the attached narrative for more information. 4. Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter. Response: If granted, this variance will not result in any cost savings for the homeowner. 92 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 – the request does not pertain to solar access for energy production or earth sheltered construction. 6. The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not allowed under this Chapter for property in the zone where the affected person's land is located. Response: The proposed use is consistent with, and accessory to, the current use of the property in question. While the proposed addition of plumbing may be seen as intensification of the use, the homeowners will sign a covenant stating that the structure will not be used for dwelling purposes maintaining it’s use as an accessory structure for lake use and storage for the primary residence. 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 – The property will remain a single-family dwelling, and the accessory structure will not be used for dwelling per Sec. 78-1437(3). 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. Response: The condition at hand is unique as the property has a portion that is high above the lake (where the house sits), and another large portion that is near the lake level (where the existing boathouse is located). As most lots slope gently from one elevation to the next, the lot in question has essentially two levels. The level with the boathouse is quite low in relation to the ordinary high-water elevation with much of it lying within the 100-year flood plain yielding the requirement from the watershed district to raise the lowest opening level. Further, the location of the boathouse being so close to the lake prevents adequate area to meet grading requirements. Please see the attached narrative for more information. 9. The conditions do not apply generally to other land or structures in the district in which said land is located. Response: Very few, if any, lots that we are aware of have both an existing boathouse in need of replacement, as well as the existing elevation of the grade surrounding the current boathouse being so far below the MCWD minimum opening height that complying with both the MCWD and City codes would result in a structure that is effectively uninhabitable. Looking at the properties in Orono, this is not a generally occurring condition. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Response: The homeowners purchased a property that had a boathouse and desired to replace the existing structure for a few key reasons. First, there is approximately 20’ of grade change from the lake level to the main level of the home. The existing topography of the site requires a substantial number of steps from the lake to the home. The homeowners have utilized the existing boathouse as a staging area and storage location for many of their lake-centered activities so as to allow for storage or recreational items and as a place to reside by the lake during the day. Further, the homeowners wish to expand the use of the lake for friends and family that have limited ability to climb the stairs necessary to access the main house. It is for this 93 reason that they are looking at including a bathroom in the proposed structure so elderly parents and other people that may not be able to traverse the grade change as easily as others can still enjoy all aspects of the property. 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 the variance will not impair health, safety, comfort or morals, or in any other respect be contrary to the intent of the zoning code. Further, granting of the variance will allow more people, greater access, to fully utilize the shoreline of the property. This is one of the key reasons that adding plumbing to the structure – so that family and friends are able to use the lake without traversing the stairs to the main house. Plumbing is an allowable in an accessory structure per Sec. 78-1437 of the Orono Code. And although there may be a perceived intensification of use in the adding of plumbing, the homeowners are prepared to sign a covenant stipulating that the structure will not be used for dwelling purposes per Sec. 78-1437. All proposed grading will result in no net change of flood storage capacity on the site. 12. The granting of such variance will not merely serve as a convenience to the applicant but is necessary to alleviate demonstrable difficulty. Response: To remain within the confines of the existing volume and comply with the MCWD minimum opening requirements would result in an interior finished space that is 2’-2” shorter than the current boathouse. In re-constructing the boathouse, the homeowner has already reduced the functional height of the structure, so granting of the variance does not provide them a convenience, but rather limiting the drastic amount of change required by adhering to both the City and the MCWD rules and regulations. By granting a variance from the 15’ bench requirement, the homeowners will not be forced to alter the physical character of the lakeshore. The addition of plumbing in the structure (in conformance with Sec. 78-1437(3)) will allow for the use and enjoyment of a key feature of the site by a wider range of people with varying abilities. Further, the willingness of the homeowners to sign a covenant specifically stating that the structure will not be used for dwelling purposes should alleviate concerns about a potential intensification of use. 94 XXXXXXXXXXXXXXXXXXXXXXXXXXXXTONKAWA ROAD(HENNEPIN CO. HIGHWAY NO. 135)LAKE MINNETONKA(NORTH ARM)X75 FT OHWSETBACKADJACENTAVERAGE SETBACK(APPROX. 85.5')UPPERTERRACESCREENEDPORCH10%2.0%2.0%954.67TOS954.50954.00TOW953.00 BOW942.97TOS943.17954.67 954.50 943.17943.17933.08M.E.933.18M.E.953.50 954.50954.92 954.92 954.33953.58954.50954.40943.17942.97AUTOCOURTDRIVEWAY943.17949.50949.50954.92 954.92 953.50 954.83 2.0%GARAGE954.92954.67TOS942.83942.99BOS952.67 2 : 1BOATHOUSE 954.50 954.50 954.50 937938939940941942943944945946948949953954951947948949950951952953954W943944945946PROPOSED HOUSE954STORM DRAINS (SEE L.A. PLANS)STORM DRAINS (SEE L.A. PLANS)STORM DRAINS (SEE L.A. PLANS)10 FT. SIDE SETBACK35 FT. FRONT SETBACKPROP.WELLFENCE952950951FIRST FLOOR = 955.00GARAGE FLOOR = 954.50BASEMENT FLR= 943.25954.92 954.92 SPALANDSCAPE ROCKACACGEN942.57BOS950.00 BOWWALL10%10%954.71TOS942.75WALLLOWERTERRACE FLOOR= 933.514.620.7811.000.783.6718.1318.148.9110.629.8316.8312.5024.2535.4246.8335.5036.6924.4214.046.0815.256.0843.897.129.0016.8741.3329.294312956879910101115151313131412954.82TOS954.33BOSENTRYWALK3.674.71 29.334.7125.950.082.694794.3932.83BOS9 FLOOR= 954.5ROCKCONSTRUCTIONENTRANCE5.7%XAPPROX. LOCATIONOF EXISTING WELL(TO BE REPLACED)9 3 4 93593693493393293193093093193293393393217933.34933.08933.17933.17933.08933.34933.42933.42933.0835.7 STORM DRAINS (SEE L.A. PLANS)CONC.WASHOUT(HENNEPIN CO. HIGHWAY NO. 135)TONKAWA ROAD930HGTTYPEDBH/TREE TAG#95115OAK95221MAPLE95324MAPLE9547MAPLE95511ASH 95610POPLAR95720MAPLE96022MAPLE96219MAPLE96413MAPLE96513MAPLE96622MAPLE96712MAPLE96834MAPLE97136OAK97224MAPLETWIN97434MAPLE97538MAPLE97714SPRUCE40 FT. TALL97824MAPLE97918MAPLE98011MAPLE98130BIRCHTRIPLE98222MAPLE98324OAK98424OAK98512OAK98618OAK98720OAK98818OAK98916MAPLE99022OAKMATCH LINEMATCH LINEEXISTING CONTOURS DENOTES TREELINE DENOTES CONIFEROUS TREE DENOTES DECIDUOUS TREEPID#0811723130018GABRIEL KELLERPETERSSEN/KELLER1610 WEST LAKE STREETMINNEAPOLIS, MN 55408PH:612.353.4920EMAIL: gabriel@pkarch.comWALLLEGAL DESCRIPTION:BENCHMARK:MnDOT GEODETIC STATION #11193. SURVEY DISK INMINNETONKA BEACH IN NE COR. OF CO RD. 15 BRIDGENO. 7194. DISK IS STAMPED BR 7194 1976.ELEVATION = 945.99 (NGVD29)PROJECT BENCHMARKS SHOWN IN GRAPHICSNORTH02040UNDERGROUND UTILITY NOTESSURVEY NOTES:THE UNDERGROUND UTILITIES SHOWN HAVE BEEN LOCATEDFROM FIELD SURVEY INFORMATION AND EXISTING DRAWINGS.THE SURVEYOR MAKES NO GUARANTEE THAT THEUNDERGROUND UTILITIES SHOWN COMPROMISE ALL SUCHUTILITIES IN THE AREA, EITHER IN SERVICE OR ABANDONED.THE SURVEYOR FURTHER DOES NOT WARRANT THAT THEUNDERGROUND UTILITIES SHOWN ARE IN THE EXACT LOCATIONINDICATED ALTHOUGH HE DOES CERTIFY THAT THEY ARELOCATED AS ACCURATELY AS POSSIBLE FROM THEINFORMATION AVAILABLE. THIS SURVEY HAS NOT PHYSICALLYLOCATED THE UNDERGROUND UTILITIES. GOPHER STATE ONECALL LOCATE TICKET #141271608. SOME MAPS WERERECEIVED, WHILE OTHER UTILITIES DID NOT RESPOND TO THELOCATE REQUEST. ADDITIONAL UTILITIES OF WHICH WE AREUNAWARE MAY EXIST. AT THE TIME OF THIS SURVEY ONLY THEUNDERGROUND ELECTRIC AS SHOWN WAS FILED MARKED BYGOPHER STATE ONE. OTHER UTILITIES EXIST ON THIS THISTHAT WERE NOT MARKED UP.1. FIELDWORK COMPLETED MAY 20, 2014 and JULY 18, 2024.2. BEARINGS ARE BASED ON THE HENNEPIN COUNTYCOORDINATE SYSTEM3. EASEMENTS OF WHICH WE ARE UNAWARE MAY EXIST.SANITARY SEWER LINESTORM SEWER LINEWATER LINEHAND HOLESANITARY MANHOLECLEAN OUTHYDRANTWATER VALVESCONCRETEMONUMENT AS MARKEDDENOTES FOUNDTELEPHONE LINETELE/ELEC BOXELECTRIC METER/GAS METERCULVERT/F.E.S.ELECTRIC LINEGAS VALVESIGNCURBFENCEUTILITY POLELIGHT POLEDENOTES MONUMENT SETAND MARKED RLS 25718651-454-00021-800-252-1166TOLL FREE:TWIN CITY AREA:CALL BEFORE YOU DIG!Tract C, REGISTERED LAND SURVEY NO. 853, Hennepin County,Minnesota.(Legal description per Title Commitment by Minnetonka Title as agentsfor Chicago Title Commitment No. MT106437 dated July 6, 2010*No Schedule B2 Exceptions are listed on this commitment.)RESIDENCEI hereby certify that this plan was preparedby me, or under my direct supervision, andthat I am a duly Licensed Land Surveyorunder the laws of the state of MINNESOTA.________________________________Daniel L. Thurmes Registration No: 25718Date:_____________05-27-14CERTIFICATION:TONKAWA ROADCOUNTYPK14001SURVPK01PROPOSED IMPROVEMENTSURVEYHENNEPINCOUNTY:REVISIONS:PROJECT LOCATION:LAND SURVEYING, INCCORNERSTONESuite #16750 Stillwater Blvd. N.Stillwater, MN 55082Phone 651.275.8969Fax 651.275.8976dan@cssurvey.net05-29-14INITIAL ISSUECONTACT:DATEREVISIONPROJECT NO.FILE NAME12051205 TONKAWA RD.AREA TO OHW AS SHOWN: 89,449 SQ. FT ±. / 2.05 ACRES±AREA:LEGEND:DENOTES TREE TO BE REMOVEDXXPROPOSED IMPROVEMENT NOTES:DENOTES HENNEPIN CO. DISK FOUND80400NORTHTREE INVENTORY DATA:ZONING AND SETBACKS:PER THE CITY OF ORONO WEBSITE ZONING MAP, THIS SITE IS ZONED:LR-1B - ONE FAMILY LAKESHORE RESIDENTIAL (1ACRE) WITH ASHORELAND DISTRICT OVERLAY.SETBACK REQUIREMENTS:LOT AREA: 1 ACRELOT WIDTH:140 FEETFRONT YARD: 35 FEETSIDE YARD: 10 FEETREAR YARD: 30 FEETSIDE YARD (STREET): 20 FEETOHW: 75 FEETWETLAND: 25 FEETDENOTES PROPOSED HARDCOVER KEY09-17-20ADD OHW SETBACKS99124OAK99210ASH99312SPRUCE30 FT. TALL99425ASH99512BOXELDER99624WILLOW99790WILLOWMULTI99916WILLOW100054WILLOW186820OAK18729OAK187314OAK187620MAPLE187736MAPLETWIN188218OAK1883NOTE BASSWOODMULTI 24/18/1818849CEDAR188510CEDAR18868CEDAR188710CEDAR18888CEDAR18919CEDAR18928CEDAR18939CEDAR1894-1895-1896-1897-189812BASSWOOD189917BASSWOOD190012BASSWOODHGTTYPEDBH/TREE TAG#AVERAGED LAKESHORESETBACKS MAY APPLYGRADING LIMITS MAYAPPLYHARDCOVERLIMITATIONS APPLY07-19-242024 REVIEW/UPDATEEXISTING IMPERVIOUS DATA:< 75 FEET FROM OHW12. BOATHOUSE 402 SF15. WALK/PAVE TO BOATHOUSE 645 SF16. LIFT STATION 547 SF17. BOATHOUSE EDGERS 43 SFTOTAL IMPERVIOUS <75 1637 SFLOT AREA TO <75 46324 SF% IMPERVIOUS COVERAGE (TO OHW) 3.53%> 75 FEET FROM OHW1. HOUSE 4,862 SF2. SCREEN PORCH 540 SF3. AUTOCOURT 3,853 SF4. DRIVEWAY 3,205 SF5. SPA 58 SF6. SPA PAVING 14 SF7. AC 20 SF8. GENERATOR 15 SF9. UPPER TERRACE AND STEPS 1,550 SF10. LOWER TERRACE/WALK/STEPS 496 SF11. STEPS/WALK/PAVE TO BOATHSE 149 SF13. RETAINING WALLS 76 SF14. ENTRY WALK 208 SFTOTAL IMPERVIOUS AREA 15046 SFLOT AREA TO >75 43125 SF% IMPERVIOUS COVERAGE (TO OHW) 34.9%PROPOSED IMPERVIOUS DATA:PROPOSED ELEVATIONSFIRST FLOOR ELEV955.0'BASEMENT FLOOR943.2'GARAGE FLOOR945.5'TOP FOUNDATION954.7'/953.1'BOATHOUSE FLOOR932.5'08-15-24PROPOSED IMPROVEMENTSBUILDING DIMENSIONS AND ELEVATIONS PER PLANSBY PKA ARCHITECTURE 8/14/2024SITE PLAN AND GRADING, EROSION CONTROL ANDDRAINAGE PER PLANS BY TVLS 8/08/2024*CONTRACTORS TO VERIFY DIMENSIONS ANDELEVATIONS WITH FINAL CONSTRUCTIONDOCUMENTS PRIOR TO CONSTRUCTION. ANYDISCREPANCIES SHOULD BE CONVEYED TO OUROFFICE.10PROPOSED CONTOURPROP. SPOT ELEVATIONDIRECTION OF DRAINAGETOP/BOTTOM WALL ELEV.TOP AND BOTTOM STEPMATCH EXISTING ELEVSILTFENCE911918.50TOW912.00BOW918.007.6%918.50TOS912.00BOSM.E.09-18-24WETLAND BUFFER ADDED> 75 FEET FROM OHWA. HOUSE 3,938 SFB. DRIVEWAY 4,360 SFC. FRONT WALK 661 SFD. BACK PATIO 795 SFE. DECK 341 SFG. RETAINING WALLS OUTSIDE 75' 241 SFJ. WOOD STEPS 95 SFL. PILLARS 30 SFN. STEP/STEPPERS 88 SFO.REAR STOOP/STEPPERS 101 SFTOTAL IMPERVIOUS AREA 10650 SFLOT AREA > 75' 43125 SF% IMPERVIOUS COVERAGE (TO OHW) 24.7%< 75 FEET FROM OHWF. RETAINING WALLS WITHIN 75' 52 SFH. BOATHOUSE/CONCRETE 908 SFI. REAR CONCRETE STEPS/WALK 205 SFK. LIFT STATION 547 SFM. BOATHOUSE WALK/STOOP 80 SFTOTAL IMPERVIOUS <75 FEET 1792 SFLOT AREA TO OHW <7546324 SF% IMPERVIOUS COVERAGE (TO OHW) 3.87%1611-18-24REVS03-18-25BOATHOUSE REVS95 STORAGEB100TILEGREAT ROOMB101TILEBATHB102PAVERSSCREEN PORCHB10317'-0 7/8"2'-7 1/4"2'-10 1/2"R.O.4'-8 5/8"2'-10 1/2"R.O.4'-0"23'-4" 6'-11 3/4"6'-5" R.O. 9'-11 1/4"2'-6 1/4"13'-0 1/2"R.O.1'-6 1/8"32'-7 7/8"14'-8"11"8'-6 1/2"XA-30015'-5 5/8"2'-10 3/8"9'-11 1/2"6'-1 1/2"XA-2002XA-2003XA-2001XA-2004XA-200580" X 32" 6"DW30" REFAUTOMATED SCREENSIDE PULL SCREENAUTOMATEDSCREEN10 3/4"ZERO CLEARANCEENTRY SHOWERSHOWER NICHE1/4" PER FT1/4" PER FT 1/4" PER FTSIDE PULL SCREENDURAVIT L-CUBEVANITY - 40"EXISTING ROOF LINE ABV[BLUE DASHES]EXISTING BOATHOUSEFOOTPRINT [ORANGEDASHES]XA-300213'-8 3/4"FURRED OUTPLUMBING WALL14'-8"11"10'-11"6"10'-11"6"23'-4" 5 1/2" 4 3/4" CORNER TO R.O. 80" X 32" 80" X 32"1 1/2"SCALE:1BOATHOUSE PLAN1/4"=1'-0"PLANTRUE2919 JAMES AVENUE SOUTH MINNEAPOLIS, MINNESOTA 55408612.353.4920 WWW.PKARCH.COMTHIS PAGE IS INTENDED TO PRINT IN COLOR ON18"x24" ARCH C SHEETS. IF THIS DRAWING ISPRINTED ON ANY OTHER SIZED SHEET OR INGREYSCALE, DRAWING SCALES MAY NOT BEACCURATELY REPRESENTED OR INFORMATIONMAY NOT BE PRESENTED AS INTENDEDREV #DESCRIPTIONVARIANCE DRAWINGS03/19/2025DATE1205TONKAWA RD.ORONO, MN 55391NOT FORCONSTRUCTION© 2025 PKA ARCHITECTUREFLOOR PLANXA-1003/19/2025 11ʌ13ʌ33 AM 96 FLR-03PT-01PT-01EPDMSIDE PULL SCREENSSIDE PULL SCREENSEXISTING BOATHOUSEVOLUME PRIOR TOADJUSTMENT[ORANGE DASHES]LANDSCAPEDESIGN ANDGRADINGBY OTHERSEXISTING BOATHOUSEVOLUME AFTERADJUSTMENT[PURPLE DASHES]FLR-03PT-01BDFRM-01METAL DOORB.01B.02EPDM2'-8"6'-8"2'-8"6'-8"PT-01AUTOMATED SCREENSLANDSCAPEDESIGN ANDGRADINGBY OTHERSBDFRM-01FLR-03PT-01B.03EPDM12'-11"FRAME7'-4 1/2" FRAME METAL SHEETAT GRADE, TYPPT-01AUTOMATED SCREENSMTL-02EPDMB.056'-3 1/2"FRAME2'-1 1/4" FRAME PT-01MTL-02B.04BDFRM-0113'-5 5/8"FRAME - POCKETINGFINISHED FLOOR100'-0" (933.5' ASL)FINISHED CELING107'-4 1/4"EXISTING GRADE931.6'± ASLT.O. ROOF108'-3 1/4"FINISHED FLOOR100'-0" (933.5' ASL)FINISHED CELING107'-4 1/4"EXISTING GRADE931.6'± ASLT.O. ROOF108'-3 1/4"FINISHED FLOOR100'-0" (933.5' ASL)FINISHED CELING107'-4 1/4"EXISTING GRADE931.6'± ASLT.O. ROOF108'-3 1/4"SCALE:1WEST ELEVATION 1/4"=1'-0"SCALE:2NORTH ELEVATION 1/4"=1'-0"SCALE:3EAST ELEVATION1/4"=1'-0"SCALE:4SOUTH ELEVATION 1/4"=1'-0"SCALE:5WEST ELEVATION - SCREEN PORCH1/4"=1'-0"2919 JAMES AVENUE SOUTH MINNEAPOLIS, MINNESOTA 55408612.353.4920 WWW.PKARCH.COMTHIS PAGE IS INTENDED TO PRINT IN COLOR ON18"x24" ARCH C SHEETS. IF THIS DRAWING ISPRINTED ON ANY OTHER SIZED SHEET OR INGREYSCALE, DRAWING SCALES MAY NOT BEACCURATELY REPRESENTED OR INFORMATIONMAY NOT BE PRESENTED AS INTENDEDREV #DESCRIPTIONVARIANCE DRAWINGS03/19/2025DATE1205TONKAWA RD.ORONO, MN 55391NOT FORCONSTRUCTION© 2025 PKA ARCHITECTUREELEVATIONSXA-2003/19/2025 11ʌ14ʌ50 AM 97 NON-CONFORMING VOLUME PER MCWDADJUSTMENT [GRAY HATCH]CONFORMING VOLUME[PINK HATCH]LOWEST POINT OF EXIST. ROOFEXISTING BOATHOUSE VOLUMEAFTER ADJUSTMENT[PURPLE DASHES]EXISTING BOATHOUSE VOLUMEPRIOR TO ADJUSTMENT[ORANGE DASHES]1'-0" GRADING ADJUSTMENT PER MCWD LOWEST OPENING NON-CONFORMING VOLUME PERMCWD ADJUSTMENT [GRAY HATCH]CONFORMING VOLUME[PINK HATCH]1'-0" GRADING ADJUSTMENT PER MCWD LOWEST OPENING HIGHEST POINT OF EXIST.ROOFLOWEST POINT OF EXIST.ROOFEXISTING BOATHOUSE VOLUMEPRIOR TO MCWD ADJUSTMENT[ORANGE DASHES]EXISTING BOATHOUSE VOLUMEAFTER ADJUSTMENT[PURPLE DASHES]CONFORMING VOLUME[PINK HATCH]HIGHEST POINT OF EXIST.ROOFEXISTING BOATHOUSE VOLUMEAFTER ADJUSTMENT[PURPLE DASHES]EXISTING BOATHOUSE VOLUMEPRIOR TO ADJUSTMENT[ORANGE DASHES]1'-0" GRADING ADJUSTMENT PER MCWD LOWEST OPENING NON-CONFORMING VOLUME PER MCWDADJUSTMENT [GRAY HATCH]CONFORMING VOLUME[PINK HATCH]LOWEST POINT OF EXIST. ROOFEXISTING BOATHOUSE VOLUMEAFTER ADJUSTMENT[PURPLE DASHES]EXISTING BOATHOUSE VOLUMEPRIOR TO ADJUSTMENT[ORANGE DASHES]1'-0" GRADING ADJUSTMENT PER MCWD LOWEST OPENING SCALE:1WEST ELEVATION 1/4"=1'-0"SCALE:2NORTH ELEVATION 1/4"=1'-0"SCALE:3EAST ELEVATION1/4"=1'-0"SCALE:4SOUTH ELEVATION 1/4"=1'-0"2919 JAMES AVENUE SOUTH MINNEAPOLIS, MINNESOTA 55408612.353.4920 WWW.PKARCH.COMTHIS PAGE IS INTENDED TO PRINT IN COLOR ON18"x24" ARCH C SHEETS. IF THIS DRAWING ISPRINTED ON ANY OTHER SIZED SHEET OR INGREYSCALE, DRAWING SCALES MAY NOT BEACCURATELY REPRESENTED OR INFORMATIONMAY NOT BE PRESENTED AS INTENDEDREV #DESCRIPTIONVARIANCE DRAWINGS03/19/2025DATE1205TONKAWA RD.ORONO, MN 55391NOT FORCONSTRUCTION© 2025 PKA ARCHITECTUREDIAGRAMXA-200D3/19/2025 11ʌ1ɼʌ13 AM 98 INTERIOR FLOOR ASSEMBLY - TYP·3/8" PORCELAIN TILE·MORTAR SETTING BED (+/- 1/4")·1/2" SELF-LEVELING COMPOUND·4" CONC. SLAB SEE STRUCT.·2" RIGID INSUL. (R-10)·10 MIL. POLY VAPOR BARRIER, OVERLAPPED & FULLY TAPED & SEALED·4" COMPACTED GRANULAR BASE, (NO FINES)BATH / STORAGEFLAT ROOF ASSEMBLY OVER INTERIOR·60 mil EPDM ROOFING MEMBRANE·1/2" HARDBOARD SLIP SHEET·XPS INSULATION, TAPERED FOR DRAINAGE (OUT)·3/4" SHEATHING·ROOF FRAMING PER STRUCTURAL·1x STRAPPING ON UNDERSIDE OF JOISTS·7 1/2" SPF INSULATION BETWEEN JOISTS·1X6 T&G CEDAR - GRADE C OR BETTERTYPICAL DRAINAGE @ FOOTINGS·GEOTEXTILE WRAPPED AROUND RIVERROCK·3/4" Ø RIVER ROCK ENCASINGPERFORATED PIPE·MORTAR CANT @ T.O. FOOTING SLOPINGAWAY FROM FNDTN WALL·4" DIAMETER PERFORATED PIPE, DRAINTO DAYLIGHT OR SUMPEXTERIOR WALL ASSEMBLY·1/2" 2STONE BOARDFORM VENEER PLANK·3/8" THIN SET·CEMENTITIOUS CRACK MEMBRANE·12" CEMENT BACKER BOARD·1x FURRING·WRB·1/2" PLYWOOD SHEATHING·2x6 STUDS @ 16" O.C.·MIN. 3 1/2" SPF INSULATION IN STUDCAVITY (ACTS AS VAPOR BARRIER)·5/8" GYP BD·FINISHED FLOOR100'-0" (933.5'ASL)T.O. ROOF DECK108'-3 1/4"FINISHED CEILING HT107'-4 1/4"T.O. FNDN99'-10 1/2"OHW PER SURVEY(929.7'ASL)TRT'D SILL PLATET.O FDTN FTG96'- 1 1/8" (928.6'ASL)FINISHED FLOOR100'-0" (933.5'ASL)T.O. ROOF DECK108'-3 1/4"FINISHED CEILING HT107'-4 1/4"FLAT ROOF ASSEMBLY OVER EXTERIOR·60 mil EPDM ROOFING MEMBRANE·1/2" HARDBOARD SLIP SHEET·XPS INSULATION, TAPERED FOR DRAINAGE (OUT)·3/4" SHEATHING·ROOF FRAMING PER STRUCTURAL·(1) LAYER COMMERCIAL TYVEK STAPLED TOUNDERSIDE OF JOISTS PRIOR TO SHEATHINGINSTALLATION·1 X 6 T&G CEDAR - GRADE C OR BETTEREXTERIOR WALL ASSEMBLY·1/2" 2STONE BOARDFORM VENEER PLANK·3/8" THIN SET·CEMENTITIOUS CRACK MEMBRANE·12" CEMENT BACKER BOARD·1x FURRING·WRB·1/2" PLYWOOD SHEATHING·2x6 STUDS @ 16" O.C.·MIN. 3 1/2" SPF INSULATION IN STUD CAVITY(ACTS AS VAPOR BARRIER)·5/8" GYP BDSCREEN PORCHGREAT ROOMEXTERIOR FLOOR ASSEMBLY - TYP·PORCELAIN PAVER·MORTAR SETTING BED (+/- 1/4")·1/2" SELF-LEVELING COMPOUND·4" CONC SLABINTERIOR FLOOR ASSEMBLY - TYP·3/8" PORCELAIN TILE·MORTAR SETTING BED (+/- 1/4")·1/2" SELF-LEVELING COMPOUND·4" CONC. SLAB SEE STRUCT.·2" RIGID INSUL. (R-10)·10 MIL. POLY VAPOR BARRIER, OVERLAPPED & FULLY TAPED & SEALED·4" COMPACTED GRANULAR BASE, (NO FINES)T.O. FNDN99'-10 1/2"OHW PER SURVEY(929.7'ASL)FOUNDATION WALL - TYP·FOUNDATION DIMPLE BOARD TO 2" BELOW GRADE·CAST IN PLACE CONCRETE WALL - SEE FDTN PLAN·2" (R-10) RIGID INSUALTIONCENTOR S4 SIDEPULL SCREENHEADSTEEL BEAMAND BLOCKINGPERSTRUCTURALTRT'D SILL PLATET.O FDTN FTG96'-0"CENTOR S4 SIDEPULL SCREENSILL - INSTALLPER MANUF.BREAK METAL AT GRADESCALE:1E-W SECTION1/2"=1'-0"SCALE:2N-S SECTION1/2"=1'-0"2919 JAMES AVENUE SOUTH MINNEAPOLIS, MINNESOTA 55408612.353.4920 WWW.PKARCH.COMTHIS PAGE IS INTENDED TO PRINT IN COLOR ON18"x24" ARCH C SHEETS. IF THIS DRAWING ISPRINTED ON ANY OTHER SIZED SHEET OR INGREYSCALE, DRAWING SCALES MAY NOT BEACCURATELY REPRESENTED OR INFORMATIONMAY NOT BE PRESENTED AS INTENDEDREV #DESCRIPTIONVARIANCE DRAWINGS03/19/2025DATE1205TONKAWA RD.ORONO, MN 55391NOT FORCONSTRUCTION© 2025 PKA ARCHITECTURESECTIONSXA-3003/19/2025 11ʌ1ɽʌ08 AM 99 28'-1"15'-5"3'-10"4'-0"16'-2 1/2"±(VARIES)23'-10"±4'-0 1/2"±16'-10"2'-6"8"ENCLOSED STORAGECOVERED PORCH33'-0 1/2"SCALE:1EXISTING BOATHOUSE PLAN1/4"=1'-0"PLANTRUE2919 JAMES AVENUE SOUTH MINNEAPOLIS, MINNESOTA 55408612.353.4920 WWW.PKARCH.COMTHIS PAGE IS INTENDED TO PRINT IN COLOR ON18"x24" ARCH C SHEETS. IF THIS DRAWING ISPRINTED ON ANY OTHER SIZED SHEET OR INGREYSCALE, DRAWING SCALES MAY NOT BEACCURATELY REPRESENTED OR INFORMATIONMAY NOT BE PRESENTED AS INTENDEDREV #DESCRIPTIONVARIANCE DRAWINGS03/19/2025DATE1205TONKAWA RD.ORONO, MN 55391NOT FORCONSTRUCTION© 2025 PKA ARCHITECTUREEXIST. PLANAB-1013/19/2025 11ʌ18ʌ12 AM 100 9'-2" 10'-7" 1'-5"16'-10"16'-2 1/2"±9'-10 1/2" TO MIDPOINT OF SLOPESCALE:1WEST ELEVATION 1/4"=1'-0"SCALE:2NORTH ELEVATION 1/4"=1'-0"SCALE:3EAST ELEVATION1/4"=1'-0"SCALE:4SOUTH ELEVATION 1/4"=1'-0"2919 JAMES AVENUE SOUTH MINNEAPOLIS, MINNESOTA 55408612.353.4920 WWW.PKARCH.COMTHIS PAGE IS INTENDED TO PRINT IN COLOR ON18"x24" ARCH C SHEETS. IF THIS DRAWING ISPRINTED ON ANY OTHER SIZED SHEET OR INGREYSCALE, DRAWING SCALES MAY NOT BEACCURATELY REPRESENTED OR INFORMATIONMAY NOT BE PRESENTED AS INTENDEDREV #DESCRIPTIONVARIANCE DRAWINGS03/19/2025DATE1205TONKAWA RD.ORONO, MN 55391NOT FORCONSTRUCTION© 2025 PKA ARCHITECTUREEXIST. ELEVATIONSAB-2003/19/2025 11ʌ19ʌ2ɼ AM 101 102 103 104 105 106 Created: 2025-02-26 08:25:11 [EST] (Supp. No. 21) Page 1 of 6 Sec. 78-71. Nonconforming structures and uses. (a) General provisions. (1) Purpose. It is the purpose of this section to regulate nonconforming structures and uses, and to specify those requirements, circumstances and conditions under which nonconforming structures and uses will be operated and maintained. The Zoning Code establishes zoning districts and specific uses which are permitted within each district. It is necessary and consistent with the establishment of these districts that nonconforming structures and uses not be permitted to continue without restriction. (2) Effective date. Any structure or use lawfully existing upon the effective date of this section shall not be, enlarged, expanded, extended, or altered in any manner which increases its nonconformity, but may be continued at the size and in the manner of operation existing upon such date except as hereinafter specified or, subsequently amended. Any land or buildings which were actually and legally devoted to a nonconforming use on January 1, 1975, and which were thereafter specifically allowed to continue said nonconforming use under the terms of a conditional use permit issued by the city council, shall be allowed to continue under the terms of said conditional use permit. (3) Safety repairs. Nothing in the Zoning Code shall prevent the placing of a structure in safe condition when said structure is declared unsafe by the building official. (b) Nonconforming uses. (1) Change to conforming use. When any lawful nonconforming use of any structure or land in any district has been changed to a conforming use, it shall not thereafter be changed to any nonconforming use. (2) Change to new nonconforming use. An existing nonconforming use may not be changed to another nonconforming use. (3) Relocation of nonconforming use. a. No nonconforming use shall be moved to another lot or to any other part of the parcel of land upon which the same was conducted at the time of this section's adoption unless such movement shall bring the nonconformance into compliance with the requirements of this section. b. Nonconforming non-structural hardcover may be relocated, including full replacement, to any other part of the parcel of land upon which the same was conducted at the time of this section's adoption, provided that: 1. The hardcover is nonconforming only by reason of the percentage of land devoted to the use or the square footage of the use. 2. The relocation does not physically enlarge the size of the nonconforming use. 3. The relocation does not substantially change the character of the nonconforming use. 4. The relocation does not create a new nonconformity with respect to size or placement by relocating to a different hardcover zone as such zones are defined in section 78-1288. 5. The relocation complies with all applicable setback requirements for the district in which it is located. 6. No relocation, in whole or part, is made within 75 feet of the ordinary high water level of any lake or tributary. (4) Decrease in nonconforming use. A lawful nonconforming use of a structure or parcel of land may be changed to decrease the nonconformity of use. Once the nonconforming use of such structure or 107 Created: 2025-02-26 08:25:11 [EST] (Supp. No. 21) Page 2 of 6 parcel of land has been so changed, said use shall not thereafter be altered to so as to increase the nonconformity from its decreased state. (5) Discontinuation of nonconforming use. Whenever a lawful nonconforming use of a structure or land is discontinued and remains discontinued for a period of 12 months, any future use of said structure or land shall be in conformity with the provisions of the Zoning Code. (6) Normal maintenance. Normal maintenance of a building or other structure containing or related to a lawful nonconforming use is permitted, including incidental alterations which do not physically extend or intensify the nonconforming use. (7) Alterations to lawful nonconforming units. Alterations may be made to a conforming building containing lawful nonconforming units, provided they will not increase the number of units or the nonconformity. (8) Expansion of nonconforming uses. Nonconforming uses may not be expanded or enlarged. However, a lawful nonconforming gun club may apply to the city council to modify its hours of operation or to expand its operations within the existing defined parameters of the property. (c) Nonconforming structures. (1) Involuntary damage or destruction. Whenever a lawful nonconforming structure shall have been damaged by fire, flood, explosion, earthquake, war, riot, or act of God, it may be reconstructed and used as before if within 12 months after such calamity the property owner applies for a building permit to replace the structure. If no permit is applied for within the time period then the whole structure shall be demolished, and any construction thereafter shall be in full compliance and accordance with the provisions of the Zoning Code. (2) Remodeling and reconstruction. This subsection is intended to apply to the voluntary and intentional removal of all or portions of a lawful nonconforming structure. Whenever a lawful nonconforming structure shall be destroyed by means other than fire, flood, explosion, earthquake, war, riot, or act of God, to any extent then such structure may be restored only if a building permit is applied for within 180 days of the commencement of the destruction. If no permit is applied for in the 180 days then the structure shall be built in full compliance and accordance with the provisions of the Zoning Code. (3) Expansion of nonconforming structures. "Expansion of nonconforming structures" includes any increase in a dimension, size, area, volume, or height; any placement of a structure or part thereof where none existed before; any addition of a site feature such as but not limited to a deck, patio, fence, driveway, parking area, or swimming pool; any improvement that would allow the land to be more intensely developed; and any exterior storage, signs, or lighting. No expansion of nonconforming structures shall be permitted except as specifically listed and allowed herein: a. Expansion of nonconforming single family residence structures. Lawful, nonconforming single family residential structures may be expanded, provided: 1. That the expansion does not occupy any space within a non-conforming area that was previously not occupied either vertically or horizontally, and complies with all height, setback, hardcover and lot coverage requirements of the district in which it is located. 2. That if the structure is nonconforming only with respect to substandard lot area or width for the district in which it is located, the expansion shall meet all height, setback, hardcover and lot coverage requirements of the district in which it is located. 3. That in cases where the lot line setback of a structure is less than 50 percent of the required setback for that zoning district, the city will require at a minimum that applicant shall make up the discrepancy by enlarging the opposite required yard depth to result in an aggregate yard depth equivalent to the combined required yard. 108 Created: 2025-02-26 08:25:11 [EST] (Supp. No. 21) Page 3 of 6 b. Expansion of residential accessory structures. Lawful, nonconforming residential accessory buildings may be expanded provided: 1. That the expansion does not occupy any space within a non-conforming area that was previously not occupied either vertically or horizontally, and complies with all height, setback, and hardcover and lot coverage requirements of the district in which it is located. 2. That if the accessory structure is nonconforming only with respect to substandard lot area or width for the district in which it is located, the expansion shall meet all height, setback, hardcover and lot coverage requirements of the district in which it is located. 3. That in cases where an accessory structure encroaches upon the lot line setback, the city will require at a minimum that the existing accessory structure shall be modified so that it becomes completely conforming with respect to setbacks. (4) Relocation. No nonconforming structure shall be moved to another lot or to any other part of the parcel of land upon which the same was constructed at the time of this section's adoption unless such movement shall bring the nonconformance into compliance with the requirements of the Zoning Code. (5) Prior permit. Any proposed structure which will, under this section, become nonconforming but for which a building permit has been lawfully granted not more than six months prior to the effective date of this section, may be completed in accordance with the approved plans; provided construction is started within six months of the effective date of this section, and continues to completion within two years. Such structure shall thereafter be a legally existing nonconforming structure. Sec. 78-1125. Standards for flood fringe permitted uses. (a) All structures, including accessory structures, must be elevated on fill so that the lowest floor, as defined, is at or above the regulatory flood protection elevation. The finished fill elevation for structures must be no lower than one foot below the regulatory flood protection elevation and the fill must extend at the same elevation at least 15 feet beyond the outside limits of the structure. (b) Accessory structures. As an alternative to the fill requirements of section 78-1125(a), structures accessory to the uses identified in section 78-1124 may be permitted to be internally/wet floodproofed to the FP3 or FP4 floodproofing classifications in the state building code, provided that: (1) the accessory structure constitutes a minimal investment, does not exceed 576 square feet in size, and is only used for parking and storage. (2) All portions of floodproofed accessory structures below the regulatory flood protection elevation must be: (i) adequately anchored to prevent flotation, collapse or lateral movement and designed to equalize hydrostatic flood forces on exterior walls, (ii) be constructed with materials resistant to flood damage, and (iii) must have all service utilities be water-tight or elevated to above the regulatory flood protection elevation (3) Designs for meeting this requirement must either be certified by a registered professional engineer or meet or exceed the following criteria: a. To allow for the equalization of hydrostatic pressure, there must be a minimum of two "automatic" openings in the outside walls of the structure, with a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; and b. There must be openings on at least two sides of the structure and the bottom of all openings must be no higher than one foot above the lowest adjacent grade to the structure. Using human 109 Created: 2025-02-26 08:25:11 [EST] (Supp. No. 21) Page 4 of 6 intervention to open a garage door prior to flooding will not satisfy this requirement for automatic openings. (c) The cumulative placement of fill or similar material on a parcel must not exceed 1,000 cubic yards, unless the fill is specifically intended to elevate a structure in accordance with section 78-1125(a) of this article, or if allowed as a conditional use under section 78-1126(3) below. (d) The storage of any materials or equipment must be elevated on fill to the regulatory flood protection elevation. (e) All service utilities, including ductwork, must be elevated or water-tight to prevent infiltration of floodwaters. (f) The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited. (g) All fill must be properly compacted and the slopes must be properly protected by the use of riprap, vegetative cover or other acceptable method. (h) All new principal structures must have vehicular access at or above an elevation not more than two feet below the regulatory flood protection elevation, or must have a flood warning/emergency evacuation plan acceptable to the city. (i) Accessory uses such as yards, railroad tracks, and parking lots may be at an elevation lower than the regulatory flood protection elevation. However, any facilities used by employees or the general public must be designed with a flood warning system that provides adequate time for evacuation if the area is inundated to a depth and velocity such that the depth (in feet) multiplied by the velocity (in feet per second) would exceed a product of four upon occurrence of the regional (one percent chance) flood. (j) Interference with normal manufacturing/industrial plant operations must be minimized, especially along streams having protracted flood durations. In considering permit applications, due consideration must be given to the needs of industries with operations that require a floodplain location. (k) Manufactured homes and recreational vehicles must meet the standards of division 9 of this article. Sec. 78-1279. Placement of buildings and structures on lots. When more than one setback applies to a site, buildings, structures, and facilities must be located to meet all setbacks. Buildings and structures shall be located as follows: (1) Building, structure, and on-site sewerage system setbacks (in feet) from ordinary high water level: Public Water Classification Setbacks Building/Structure Sewage Treatment System Unsewered Sewered NE 150 150 150 RD 100 75 75 GD 75 75 75 Tributary 100 75 75 (2) Additional building and structure setbacks. The following additional setbacks apply, regardless of the classification of the water body: 110 Created: 2025-02-26 08:25:12 [EST] (Supp. No. 21) Page 5 of 6 Setback from: Setback (in feet) Top of bluff 30 Unplatted cemetery 50 Right-of-way line of federal, state or county highway and local public and private roads 30* * Except for accessory buildings on lakeshore lots as regulated in this chapter and except for buildings and structures subject to less restrictive side yard adjacent to street setbacks as regulated in the various zoning districts. (3) Bluff impact zones. Buildings, structures and accessory facilities, except stairways, landings and lock boxes, must not be placed within bluff impact zones. (4) Uses without water-oriented needs. Uses without water-oriented needs must be located on lots or parcels without public waters frontage, or, if located on lots or parcels with public waters frontage, must either be set back double the normal ordinary high water level setback or be substantially screened from view from the water by vegetation or topography, assuming summer, leaf-on conditions. (5) Fences, docks, retaining walls. No fence shall be placed within the Shore Setback zone. Portions of dock located landward of the OHWL shall be considered as a landing, subject to the regulations for landings per section 78-1282. Retaining walls within the Shore Setback zone may be permitted according to the following: a. A retaining wall may be constructed within the shore setback zone if it is an integral part of a permitted lake access stair and the retaining wall is designed to be the minimum size necessary. b. A replacement retaining wall, including a change in material, may be permitted within the shore setback zone when all of the following conditions are met: 1. The wall is under four feet in height, and in the same location, and 2. The existing wall shows signs of failure. c. A wall within a defined bluff and bluff setback; and/or a replacement wall four feet in height or greater; and/or any new walls shall require a conditional use permit. New walls and replacement walls greater than four feet in height must meet the following conditions. The wall must be: 1. Designed to correct an established erosion problem; and 2. Suitable given the demonstrated need; and 3. Designed by a registered engineer or landscape architect, depending on project scope; and 4. Designed to be the minimum size necessary to control the erosion problem. (6) Average lakeshore setback. No principal or accessory building shall be located closer to the Ordinary High Water Line (OHWL) on a lakeshore lot than the average distance from the shoreline of existing principal buildings on adjacent lots; This does not apply to patios and other accessory structures less than 42 inches above existing grade, and/or stairways, lifts, landings, lockboxes, flagpoles and pump houses. Further, the average lakeshore setback shall apply only to classified lakes and shall not apply to tributaries. The average lakeshore setback line shall be a straight line connecting the most lakeward protrusions of the principal buildings on the immediately adjacent lakeshore lots. a. In situations where improvement is proposed on a lot adjacent to a vacant lot or right-of-way, the average lake shore setback shall be equivalent to the setback of the most lakeward protrusion of the principal building on the immediately adjacent improved lakeshore lot. 111 Created: 2025-02-26 08:25:12 [EST] (Supp. No. 21) Page 6 of 6 b. In situations where the average lake shore setback line bisects the principal building located on either adjacent lot, the next most adjacent lake side point of the bisected principal building shall be used for determining the average lakeshore setback. If the line continues to bisect the principal building, the next most lakeside point is to be used until the setback line does not bisect the principal building on an adjacent lot. Sec. 78-1437. Plumbing. Because the provision of plumbing fixtures and wastewater plumbing in accessory buildings has the potential to allow such buildings to be used as dwelling units, and because it is the policy of the city to limit residential development density to the allowed densities within the respective zoning districts, plumbing in accessory buildings shall be regulated as follows: (1) The provision of outside sillcocks and indoor water supply shall be allowed in any accessory building. (2) Installation of a toilet and/or sink in any accessory building shall be subject to the provision of municipal sanitary sewer or a conforming sewage treatment system designed to handle the anticipated flows from such fixtures. (3) Installation of any combination of fixtures which includes a bathtub or shower shall be subject to the property owners executing a covenant providing that the accessory building will not be: a. Used for a home occupation unless specifically approved by the city or if allowed by this Code. b. Rented, leased, or otherwise provided for use as a dwelling under any circumstances. Sec. 78-1680. Hardcover restriction zones. Within 75 feet of the ordinary high water level (OHWL) of any lake or tributary, and within any bluff or shore impact zone, no hardcover shall be placed, located or constructed, except for driveways, stairways, lifts, landings and lockboxes as regulated by the shoreland overlay district. (Ord. No. 94 3rd series, § 11, 9-24-2012) 112 Pursuant to Minnesota Statutes Chapter 103D, and on the basis of statements and information contained in the permit application, correspondence, plans, maps, and all other supporting data submitted by the applicant, and made a part hereof by reference, PERMISSION IS HEREBY GRANTED to the applicant named below for use and development of land in the Minnehaha Creek Watershed District. Issued to: Joseph & Crystal Wald Permit No: 25-060 Location: 1205 Tonkawa Rd, Orono, MN Purpose: Boat House (Floodplain Alteration) Date of Issuance: 04/14/2025 Date of Expiration: 04/14/2026 By Order of the Board of Managers Maggie Menden Permitting Technician This permit is not transferable without District approval and is valid to the date of expiration. No activity is authorized beyond the expiration date. If the permittee requires more time to complete the project, an application for renewal of the permit must be received by the District at least 30 days before expiration. The applicant is responsible for compliance with all District Rules and for the actions of their representatives, contractors, and employees. Conditions: The project is to be completed as described in plans submitted to the MCWD office on 02/13/2025, according to the provisions of this permit. • Properly install and maintain all required erosion control measures until the disturbed areas are re-stabilized • Notify MCWD if any part of the approved plans change • Notify MCWD when the project is completed and request a final inspection • Provide as-builts and site photos (if applicable) (Statement concerning fees for inspections, violations, etc... on the following page) 113 Inspection/Analysis/Monitoring Fees A site inspection and monitoring by District staff will be performed where the activity involves: • a commercial/industrial/multi-family residential development • a single family residential development greater than 5 acres or of any size if within the Minnehaha Creek subwatershed • any alteration of a floodplain or wetland • dredging within the beds, banks or shores of any protected water or wetland • a violation • any project which in the judgment of the District staff should be inspected due to project location, scope, or construction techniques In these cases, the applicant shall pay to the District a fee equal to the actual costs of field inspection of the work, including investigation of the area affected by the work, analysis of the work, and any subsequent monitoring of the work, which in the case of a violation shall be at least $35. Standard Fee Schedule District Professional Staff: $70.07/hour District Administrative Staff: $50.74/hour Consulting Engineer/Technician: Contracted rate District Counsel: Contracted rate Permit Application Fee: $10.00 Wetland Buffer Signs: $2.85/sign Black and White Photocopy Costs: $0.25/page + actual staff time Color Photocopies: $1.00/page + actual staff time Electronic Records: cost of production 114 75' LAKESIDE SETBACK35' SETBACK 85'-6" ADJACENT SETBACK3 1 4 6 TRAFFIC FLO W TONKAWA RO A D 1 TYP. 1 TYP. 1 TYP. 7 986 8 10 9 9 8 WETL A N D B U F F E R -4R -1R -1R -4R -4R -4R -5R -6R -6R -6R -6R -8R -6R -1R 1 -1R -1R -1R 2 -10R -1R -10R -10R -10R-10R -10R -5R -10R -10R -4R 7 6 3 9 8 4 -1R -4R -3R -4R -6R 8MATCH-LINEL201AL201BMATCH-LINEL201AL201B4 creation date:2/13/2025filepath:/Users/ajevert/TVLS Dropbox/PROJECTS (DROPBOX)/WALD RESIDENCE/2. DWG/1. DRAWINGS/PERMIT-SET/FLOODPLAIN PERMIT SET/L011.dwglast saved:ajevert February 13, 2025 10:58 AMThe designs shown and described herein including all technical drawings, graphics and specifications thereof, are proprietary and cannot be copied, duplicated or commercially exploited, in whole or in part, without the express written permission of Travis Van Liere Studio, LLC. These are available for limited review and evaluation by clients, consultants, contractors, governement agencies, and vendors only in accordance with this notice. © Copyright 2025 Travis Van Liere Studio, LLC. All rights reserved. license no: I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Landscape Architect under the laws of the State of Minnesota. 43728 T R A V I S V A N L I E R E 1 2 0 5 T O N K A W A R O A D , O R O N O , M I N N E S O T A 5 5 3 5 6 W A L D / E L E Y R E T R E A T date:2/13/2025 Rev #Issue/Revision Date PRELIMINARY PRICING SET 08/01/2024 ISSUED FOR PERMIT 08/14/2024 1 WATERSHED PERMIT REVISIONS 09/18/2024 2 WATERSHED PERMIT REVISIONS 10/01/2024 3 CITY DEMO REVISIONS 10/04/2024 4 CITY PERMIT UPDATES 11/18/2024 ISSUED FOR BID 01/29/2025 ISSUED FOR FLOOD ALT. PERMIT 2/13/2025 3255 GARFIELD AVE. S. #100 MINNEAPOLIS, MN 55408 T 612 345 4275 GENERAL NOTES 1.SEE SHEET L000 FOR PROJECT INFORMATION, SHEET INDEX, AND LEGEND. 2.SEE SHEET L001 FOR GENERAL NOTES. 3.REFER TO ARCHITECTURAL DRAWINGS FOR BUILDING INFO. 4.ELECTRICAL CONTRACTOR, MECHANICAL CONTRACTOR, AND IRRIGATION CONTRACTOR TO COORDINATE WITH PAVING, CONCRETE, AND WALL CONTRACTORS ON SLEEVE LOCATIONS UNDER DRIVEWAYS, WALKS, AND WALLS. 5.REFER TO SHEET L010 - EXISTING CONDITIONS PLAN FOR BOUNDARY INFORMATION. ALL CONSTRUCTION STAKING MUST BE PERFORMED BY A REGISTERED LAND SURVEYOR. 6.DO NOT SCALE THE DRAWINGS. WRITTEN DIMENSIONS ARE TO BE USED FOR ALL LAYOUT WORK. 7.THE CONTRACTOR SHALL IMMEDIATELY NOTIFY THE LANDSCAPE ARCHITECT OF ANY LAYOUT DISCREPANCIES. 8.ALL SITE ELEMENTS SHALL BE STAKED IN THE FIELD AND APPROVED BY LANDSCAPE ARCHITECT PRIOR TO CONSTRUCTION. 9.AUTOCAD FILE AVAILABLE TO CONTRACTOR UPON REQUEST FOR FIELD LAYOUT. KEYNOTES 1.EXISTING SIGNIFICANT TREE(S) TYP. - SAVE AND PROTECT 2.EXISTING NEIGHBORING PROPERTY/SITE FEATURE - SAVE AND PROTECT 3.EXISTING CITY STREET/ALLEY - SAVE AND PROTECT, REPAIR ANY DAMAGED AREAS PER CITY STANDARDS 4.EXISTING SHORELINE EDGE - SAVE AND PROTECT 5.LAKE MINNETONKA OHWL 929.40 - SAVE AND PROTECT 6.EXISTING 100 YEAR FLOODPLAIN LINE 931.50 7.SANITARY SEWER LINE - SAVE AND PROTECT, V.I.F. 8.EXISTING WETLAND - SAVE AND PROTECT 9.EXISTING RIP RAP - SAVE AND PROTECT 10.EXISTING BEACH - SAVE AND PROTECT KEY PLAN NOT TO SCALE NDrawn By: Date: Scale: Drawing: 2/13/2025 A.E. Sheet: 931932933 WALD_SITE MODEL LAKE MINNETONKA OHWL 929.40 TONK A W A R D .PROPERTY LINEPROPERTY LINE B N1/16" = 1'-0"SCALE: 00 8'16'32'1 EXISTING CONDITIONS AND REMOVALS PLAN L011B EXISTING CONDITIONS AND REMOVALS PLAN 1/16" = 1'-0" REMOVALS SCHEDULE KEY DESCRIPTION R1 EXISTING TREE TO BE REMOVED R2 EXISTING HOUSE TO BE REMOVED R3 EXISTING STRUCTURE TO BE REMOVED R4 EXISTING PAVING TO BE REMOVED R5 EXISTING STAIRS TO BE REMOVED R6 EXISTING WALL TO BE REMOVED R7 EXISTING LANDSCAPING TO BE REMOVED R8 EXISTING FENCE TO BE REMOVED R9 EXISTING STEPPERS TO BE REMOVED R10 EXISTING SITE ELEMENT TO BE REMOVED R11 EXISTING UNDERGROUND UTILITY TO BE REMOVED R12 BUCKTHORN AND INVASIVE ON SLOPE TO BE REMOVED R13 EXISTING WELL TO BE REMOVED -R SHEET NOTES 1.EXISTING BOATHOUSE TO BE REMOVED AND RECONSTRUCTED, REFER TO ARCH. 2.EXISTING DOCK TO REMAIN, SAVE AND PROTECT 3.PROPOSED SILT FENCE 4.PROPOSED DOUBLE ROW SILT FENCE 5.LIMITS OF DISTURBANCE 6.CONCRETE WASHOUT AREA, PER REGULATIONS 7.GRAVEL CONSTRUCTION ENTRANCE 8.PROPOSED TREE PROTECTION FENCE 9.PROPOSED BIO LOG EROSION CONTROL GENERAL EROSION AND SEDIMENT CONTROL NOTES: 1.THE CONTRACTOR SHALL REFER TO CONSTRUCTION NOTES ON L001 & L601 PRIOR TO THE START OF CONSTRUCTION. 2.REFER TO PLANS FOR TREE PRESERVATION FENCE LOCATIONS. 3.EROSION CONTROL MATERIAL QUANTITIES ARE FOR INFORMATIONAL PURPOSES ONLY. THE CONTRACTOR SHALL DETERMINE FOR THEMSELVES THE EXACT QUANTITIES FOR BIDDING AND CONSTRUCTION. THE CONTRACTOR SHALL NOT RELY ON THESE QUANTITIES FOR THEIR BID. THE LANDSCAPE ARCHITECT IS NOT RESPONSIBLE FOR COST ESTIMATES AND/OR ACTUAL CONSTRUCTION COSTS. EROSION CONTROL MATERIAL QUANTITIES ITEM UNIT QUANTITY ROCK CONSTRUCTION EXIT EA.1 SILT FENCE L.F.2260 TREE PROTECTION FENCE L.F.66 BIOLOG ROLL L.F.37 TREE REMOVALS SCHEDULE KEY SPECIES DBH (IN.)HEALTH INSIDE 75' SETBACK REPLACEMENT RATIO (INCHES) 982 MAPLE 22.0 GOOD Y 1:1, MIN 1.5" CAL. 986 OAK 18.0 GOOD Y 1:1, MIN 1.5" CAL. 1876 MAPLE 20.0 GOOD Y 1:1, MIN 1.5" CAL. SEE L401 FOR REPLACEMENT TREES AND LOCATIONS TOTAL INCHES TO BE REMOVED 60 TOTAL NUMBER OF DISEASED TREES TO BE REMOVED 0 TOTAL INCHES TO BE REPLACED - REQUIRED 60 TOTAL 1:1 REPLACEMENT TREES - PROPOSED 15 TOTAL DISEASED TREE 1-1/2" REPLACEMENT TREES - PROPOSED 0 TOTAL REPLACEMENT TREES - PROPOSED 15 TOTAL INCHES REPLACED - PROPOSED 63 115 00 0 00 00 00 0 0 000 0 0 0 00 0 00 00 0 0 0 0 000 0 00 00 0 0 0 0 0 0 0 0 0 00 0 000 0 0 000000 0 00 00 0 0 0 0 0 0 0 0 0 0 00 0 0 00 0 00 000 0 0 0 0 0 0 0 00 0 0 0000 0 0 00 0 000 0000 0 0 00 0 0 0 0000 00000 0 0 0 00 0 00 00 00 0 0 000 0 00 00 0 00000 00 00 0 0 00 0 000 0 0 00 0 0 0 00 0000 0 0 0 00 0 0 0 00 0000 0 0 0 0 0 00 0 0000 0 00 0 0 0 0 00 0 000 0 0 0 00 0 0 75' LAKESIDE SETBACK35' SETBACK 85'-6" ADJACENT SETBACK3 1 4 6 TRAFFIC FLO W TONKAWA RO A D 5.7% 10:1 943.17943.17 933.08 M.E. 933.18 M.E. 943.17 DRIVEWAY CB CB P.E. P.E. 943.17 1 TYP. 1 TYP. 1 TYP. 7 RISR DN 10 RISR DN 10 8 LAWN / SOD BOAT HOUSE 933.50 FFE 93493593693793893994094194294394494594694794894995010 9 9 8 937.68 BOS 937.60 TOS 933.75 BOS 933.71 933.08933.42 933.34 933.08 933.17 933.17 933.08 933.34 933.42933.42933.42 WETL A N D B U F F E R 1 2 1 3 4MATCH-LINEL201AL201BMATCH-LINEL201AL201B5 6 6 6 GRADING AND DRAINAGE PLAN creation date:2/12/2025filepath:/Users/ajevert/TVLS Dropbox/PROJECTS (DROPBOX)/WALD RESIDENCE/2. DWG/1. DRAWINGS/PERMIT-SET/FLOODPLAIN PERMIT SET/L201B.dwglast saved:ajevert February 13, 2025 10:58 AMThe designs shown and described herein including all technical drawings, graphics and specifications thereof, are proprietary and cannot be copied, duplicated or commercially exploited, in whole or in part, without the express written permission of Travis Van Liere Studio, LLC. These are available for limited review and evaluation by clients, consultants, contractors, governement agencies, and vendors only in accordance with this notice. © Copyright 2025 Travis Van Liere Studio, LLC. All rights reserved. license no: I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Landscape Architect under the laws of the State of Minnesota. 43728 T R A V I S V A N L I E R E 1 2 0 5 T O N K A W A R O A D , O R O N O , M I N N E S O T A 5 5 3 5 6 W A L D / E L E Y R E T R E A T date:2/12/2025 Rev #Issue/Revision Date PRELIMINARY PRICING SET 08/01/2024 ISSUED FOR PERMIT 08/14/2024 1 WATERSHED PERMIT REVISIONS 09/18/2024 2 WATERSHED PERMIT REVISIONS 10/01/2024 3 CITY DEMO REVISIONS 10/04/2024 4 CITY PERMIT UPDATES 11/18/2024 ISSUED FOR BID 01/29/2025 ISSUED FOR FLOOD ALT. PERMIT 2/13/2025 3255 GARFIELD AVE. S. #100 MINNEAPOLIS, MN 55408 T 612 345 4275 GENERAL NOTES 1.SEE SHEET L000 FOR PROJECT INFORMATION, SHEET INDEX, AND LEGEND. 2.SEE SHEET L001 FOR GENERAL NOTES. 3.REFER TO ARCHITECTURAL DRAWINGS FOR BUILDING INFO. 4.ELECTRICAL CONTRACTOR, MECHANICAL CONTRACTOR, AND IRRIGATION CONTRACTOR TO COORDINATE WITH PAVING, CONCRETE, AND WALL CONTRACTORS ON SLEEVE LOCATIONS UNDER DRIVEWAYS, WALKS, AND WALLS. 5.REFER TO SHEET L010 - EXISTING CONDITIONS PLAN FOR BOUNDARY INFORMATION. ALL CONSTRUCTION STAKING MUST BE PERFORMED BY A REGISTERED LAND SURVEYOR. 6.DO NOT SCALE THE DRAWINGS. WRITTEN DIMENSIONS ARE TO BE USED FOR ALL LAYOUT WORK. 7.THE CONTRACTOR SHALL IMMEDIATELY NOTIFY THE LANDSCAPE ARCHITECT OF ANY LAYOUT DISCREPANCIES. 8.ALL SITE ELEMENTS SHALL BE STAKED IN THE FIELD AND APPROVED BY LANDSCAPE ARCHITECT PRIOR TO CONSTRUCTION. 9.AUTOCAD FILE AVAILABLE TO CONTRACTOR UPON REQUEST FOR FIELD LAYOUT. KEYNOTES 1.EXISTING SIGNIFICANT TREE(S) TYP. - SAVE AND PROTECT 2.EXISTING NEIGHBORING PROPERTY/SITE FEATURE - SAVE AND PROTECT 3.EXISTING CITY STREET/ALLEY - SAVE AND PROTECT, REPAIR ANY DAMAGED AREAS PER CITY STANDARDS 4.EXISTING SHORELINE EDGE - SAVE AND PROTECT 5.LAKE MINNETONKA OHWL 929.40 - SAVE AND PROTECT 6.EXISTING 100 YEAR FLOODPLAIN LINE 931.50 7.SANITARY SEWER LINE - SAVE AND PROTECT, V.I.F. 8.EXISTING WETLAND - SAVE AND PROTECT 9.EXISTING RIP RAP - SAVE AND PROTECT 10.EXISTING BEACH - SAVE AND PROTECT KEY PLAN NOT TO SCALE NDrawn By: Date: Scale: Drawing: 2/13/2025 A.E. Sheet: 931932933 WALD_SITE MODEL LAKE MINNETONKA OHWL 929.40 TONK A W A R D .PROPERTY LINEPROPERTY LINE B SHEET NOTES 1.BUILDING OVERHANG 2.PROPOSED DOCK LOCATION, BY OWNER 3.EXISTING BOATHOUSE TO BE RECONSTRUCTED 4.DRAIN TILE 5.EXISTING UTILITY. SAVE AND PROTECT 6.PROPOSED 100 YEAR FLOODPLAIN LINE 931.50 GRADING AND DRAINAGE PLAN N1/16" = 1'-0"SCALE: 00 8'16'32'1 L201B 1/16" = 1'-0" CUT AND FILL VOLUMES SCHEDULE CONTOUR NUMBER AREA OF CUT (FT2)AREA OF FILL (FT2)VOLUME CUT (FT3)VOLUME FILL (FT3)VOLUME CUT (YD3)VOLUME FILL (YD3) 931.50 518 4214 259 2107 10 78 931.00 1799 2075 1799 2075 67 77 930 3182 19 3182 19 118 1 TOTAL 5499 6308 5240 4201 194 156 116 L601 EROSION CONTROL AND TREE PROTECTION DETAILS N/A creation date:11/14/2024filepath:/Users/ajevert/TVLS Dropbox/PROJECTS (DROPBOX)/WALD RESIDENCE/2. DWG/1. DRAWINGS/PERMIT-SET/FLOODPLAIN PERMIT SET/L607.dwglast saved:ajevert February 13, 2025 10:58 AMThe designs shown and described herein including all technical drawings, graphics and specifications thereof, are proprietary and cannot be copied, duplicated or commercially exploited, in whole or in part, without the express written permission of Travis Van Liere Studio, LLC. These are available for limited review and evaluation by clients, consultants, contractors, governement agencies, and vendors only in accordance with this notice. © Copyright 2025 Travis Van Liere Studio, LLC. All rights reserved. license no: I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Landscape Architect under the laws of the State of Minnesota. 43728 T R A V I S V A N L I E R E 1 2 0 5 T O N K A W A R O A D , O R O N O , M I N N E S O T A 5 5 3 5 6 W A L D / E L E Y R E T R E A T date:11/14/2024 Rev #Issue/Revision Date PRELIMINARY PRICING SET 08/01/2024 ISSUED FOR PERMIT 08/14/2024 1 WATERSHED PERMIT REVISIONS 09/18/2024 2 WATERSHED PERMIT REVISIONS 10/01/2024 3 CITY DEMO REVISIONS 10/04/2024 4 CITY PERMIT UPDATES 11/18/2024 ISSUED FOR BID 01/29/2025 ISSUED FOR FLOOD ALT. PERMIT 2/13/2025 3255 GARFIELD AVE. S. #100 MINNEAPOLIS, MN 55408 T 612 345 4275 Drawn By: Date: Scale: Drawing: 2/13/2025 A.E. Sheet: ROOT ZONE ROOT PRUNING LIMITS PRUNING CUT, TYP., PER ARBORIST RECOMMENDATIONS BASE OF TREE GROUND PLANE PLAN VIEW MAXIMUM 25" ON ONE SIDE OR 33% OF TOTAL ROOT SYSTEM NO MORE THAN HALF THE CROWN OF THE TREE AT END OF SLOPE SECURE BLANKET MATERIAL BY INSERTINGSTAPLES ABOUT 20" APART THROUGH THE FABRIC EXTEND MATERIAL ABOUT 40" ON TOP OF THE GROUND AND RANDOMLY INSERT STAPLES THROUGH THE MATERIAL ABOUT 20" APART NOTES: 1.EROSION CONTROL BLANKET TO BE CATEGORY 4-COCONUT 2S FOR SLOPES GREATER THAN 5:1 AND SIDES AND BOTTOM OF ALL DRAINAGE SWALES AND PONDING AREAS AND CATEGORY 2-STRAW 2S FOR ALL SLOPES LESS THAN 5:1 PER MNDOT SPEC. SECTION 3885. 2.INSTALL PER MNDOT SPEC. SECTION 2575 LONGITUDINAL SEAMS: BLANKET MATERIAL MUST OVERLAP AT LEAST 6" AND STAPLES INSERTED THROUGH BOTH FABRICS AT A MAXIMUM SPACING OF 40" APART TRANSVERSE SEAMS: BLANKET MATERIAL MUST OVERLAP AT LEAST 6" AND STAPLES INSERTED THROUGH BOTH FABRICS AT A MAXIMUM SPACING OF 20" APART STAPLES AT 3' O.C. STAPLES MUST BE INSERTED THROUGH OVERLAP MATERIAL SLOPE LENGTH LESS THAN 50 ' 1.BEFORE INSTALLATION APPLY TOPSOIL, FERTILIZER AND SEED TO SURFACE. 2.BEGIN AT THE TOP OF THE CHANNEL, INSTALL MATS BY ANCHORING IN A 6" DEEP BY 6" WIDE TRENCH WITH APPROXIMATELY 12" OF MAT EXTENDED BEYOND THE UP-SLOPE PORTION OF THE TRENCH. ANCHOR WITH A ROW OF STAPLES APPROXIMATELY 12" APART IN THE BOTTOM OF THE TRENCH. BACKFILL AND COMPACT THE TRENCH AFTER STAPLING. APPLY SEED TO COMPACTED SOIL AND FOLD REMAINING 12" PORTION OF MAT BACK OVER SEED AND SOIL. SECURE MATS WITH A WITH A ROW OF STAPLES SPACED APPROXIMATELY 12" APART ACROSS THE WIDTH OF THE MATS. 3.ROLL CENTER MATS IN DIRECTION OF WATER FLOW IN BOTTOM OF CHANNEL. 4.PLACE CONSECUTIVE AND ADJACENT MATS END OVER END (SHINGLE STYLE) WITH A MINIMUM 6" OVERLAP. USE A DOUBLE ROW OF STAPLES STAGGERED 4" APART AND 4" ON CENTER TO SECURE OVERLAPPED MATS. 5.FULL LENGTH EDGE OF MATS AT TOP OF SIDE SLOPES MUST BE ANCHORED WITH A ROW OF STAPLES APPROXIMATELY 12" APART IN A 6" DEEP BY 6" WIDE TRENCH. 6.THE TERMINAL END OF MATS MUST BE ANCHORED WITH A ROW OF STAPLES APPROXIMATELY 12" APART IN A 6" DEEP BY 6" WIDE TRENCH. 7.BACKFILL AND SEED AFTER STAPLING. 8.FOLLOW MANUFACTURER'S RECOMMENDATIONS FOR PROPER INSTALLATION. FABRIC ANCHORAGE TRENCH BACKFILL WITH TAMPED NATURAL SOIL WIRE MESH REINFORCEMENT, ATTACH FABRIC TO WIRE MESH WITH HOG RINGS, PER MNDOT SPEC. SECTION 3886 B1. SILT FENCE FABRIC DIRECTION OF RUNOFF FLOW METAL (OR WOOD) POST OR STAKE NATURAL SOIL 1.SILT FENCES SHOULD BE INSTALLED ON THE CONTOUR (AS OPPOSED TO UP AND DOWN A HILL) AND CONSTRUCTED SO THAT FLOW CANNOT BYPASS THE ENDS. 2.ENSURE THAT THE DRAINAGE AREA IS NO GREATER THAN 1/4 ACRE PER 100 FT OF FENCE. 3.MAKE THE FENCE STABLE FOR THE 10-YEAR PEAK STORM RUNOFF. 4.WHERE ALL RUNOFF IS TO BE STORED BEHIND THE SILT FENCE, ENSURE THAT THE MAXIMUM SLOPE LENGTH BEHIND THE FENCE DOES NOT EXCEED THE SPECIFICATIONS SHOWN IN TABLENOTE: SILT FENCE SHALL FOLLOW MNDOT SPEC. SECTION 3886. DESIGN RECOMMENDATIONS FIGURE 1: TYPICAL INSTALLATION FOR SILT FENCE 6" MIN 6"MINPLAN VIEW NOTES: 1.ALL TREE PROTECTION FENCING AND EROSION CONTROL FENCING SHALL BE INSTALLED ACCORDING TO THE PLANS PRIOR TO ANY DEMOLITION. AFTER DEMOLITION OR AS NECESSARY, TREE PROTECTION FENCING MAY BE RELOCATED WITH APPROVAL FROM THE LANDSCAPE ARCHITECT. ALL TREE PROTECTION FENCING AND EROSION CONTROL DEVICES SHALL BE MAINTAINED FOR THE DURATION OF THE CONSTRUCTION PERIOD. 2.TREE PROTECTION FENCING SHALL CONSIST OF TEMPORARY METAL WIRE CHAIN LINK MESH FENCING OR APPROVED EQUAL. 3.CONTRACTOR SHALL NOT STORE ANY MATERIALS OR PARK ANY VEHICLES IN TREE PROTECTION ZONES. THE FENCE SHALL PREVENT TRAFFIC MOVEMENT AND THE PLACEMENT OF TEMPORARY FACILITIES, EQUIPMENT, STOCKPILES AND SUPPLIES FROM HARMING VEGETATION WITHIN THE LIMITS OF PROTECTION. 4.THE CONTRACTOR SHALL CLEANLY CUT ALL ROOTS EXPOSED BY GRADING AS DIRECTED BY THE LANDSCAPE ARCHITECT. 5.THE CONTRACTOR SHALL USE DESIGNATED CONSTRUCTION ENTRANCES AND STAGING AREAS. 6' MAX 6' MAX. POST SPACING 3' MINIMUM 6' IDEAL FROM DRIPLINE DRIPLINE 2/3 OFLOGDRIPLINE INSTALL SHREDDED HARDWOOD MULCH (MNDOT TYPE 6). EQUIVALENT MATERIAL MAY BE SUBSTITUTED AT THE DISCRETION OF THE ENGINEER. STAKE DRIVEN THROUGH LOG MESH COIR LOG 6"-7" MINIMUM DIAMETER SOIL WEDGE OR 2"X2" STAKE PRE-DRILLED HOLES 0.5"X0.5" OPENING IN NET 1/3 OFLOG10' MIN LENGTH 2" WASHED COURSE AGGREGATE, 12" THICK, OVER GEOFABRIC 50' M I N 20' MI N EDGE O F P U B LI C R O A D O R P A V E M E N T TABLE 1: MAXIMUM SLOPE LENGTH AND SLOPE FOR WHICH SILT FENCE IS APPLICABLE BY CALCULATION BY CALCULATION BY ACCEPTED DESIGN PRACTICES SLOPE (H:V)%SILT FENCE STORAGE EQUALS 2 FT FOR A 100-YEAR EVENT SILT FENCE STORAGE EQUALS 2 FT FOR A 2-YEAR EVENT OR 3 FT FOR A 100-YEAR EVENT MAXIMUM SLOPE LENGTH 100:1 1%400 FT 900 FT 100 FT 50:1 2%200 FT 450 FT 75 FT 25:1 4%100 FT 225 FT 75 FT 20:1 5%80 FT 180 FT 75-50 17:1 6%67 FT 150 FT 50 FT 12.5:1 8%50 FT 112 FT 50 FT 10:1 10%40 FT 90 FT 50-25 FT 5:1 20%20 FT 45 FT 25-15 FT 4:1 25%16 FT 36 FT 15 FT 3:1 33%12 FT 27 FT 15 FT 2:1 50%8 FT 18 FT 15 FT SCALE:N/A TREE PROTECTION FENCING INSTALLATION5 SCALE:N/A BIOLOG INSTALLATION6 SCALE:N/A ROOT PRUNING DETAIL7 SCALE:N/A EROSION CONTROL MAT INSTALLATION3 SCALE:N/A GRAVEL CONSTRUCTION ENTRANCE DETAIL4 GENERAL EROSION AND SEDIMENT CONTROL NOTES: 1.SEE THE EROSION AND SEDIMENT CONTROL PLAN (L011) (WHEN UNDER ONE (1) ACRE DISTURBED) SHEETS FOR BMP CONSTRUCTION LAYOUT(S), DETAILS, AND ADDITIONAL NOTES. 2.THE CONTRACTOR SHALL INSTALL PERIMETER EROSION CONTROL AT THE LOCATIONS SHOWN ON THE PLANS PRIOR TO COMMENCEMENT OF ANY LAND DISTURBANCE AND/OR CONSTRUCTIONACTIVITIES. SILT FENCE AND/OR BIOROLLS SHALL FOLLOW EXISTING CONTOURS AS CLOSELY AS FEASIBLE. 3.BEFORE BEGINNING CONSTRUCTION, THE CONTRACTOR SHALL INSTALL A TEMPORARY CONSTRUCTION EXIT AT EACH POINT WHERE VEHICLES WILL EXIT THE CONSTRUCTION SITE. 3.1. FOR ROCK CONSTRUCTION EXITS, USE TWO (2") INCH OR GREATER DIAMETER ROCK IN A LAYER AT LEAST SIX (6") INCHES THICK ACROSS THE ENTIRE WIDTH OF THE CONSTRUCTION EXIT. EXTEND THE CONSTRUCTION EXIT AT LEAST 50 FEET INTO THE CONSTRUCTION ZONE USING A GEO-TEXTILE FABRIC BENEATH THE AGGREGATE TO PREVENT MIGRATION OF SOIL INTO THE ROCK FROM BELOW. SEE SEDIMENT AND EROSION CONTROL PLAN SHEETS FOR BMP CONSTRUCTION DETAILS AND NOTES. 4.THE [GENERAL] CONTRACTOR SHALL DENOTE ON THE PLANS THE TEMPORARY PARKING AND STORAGE AREAS, WHICH SHALL ALSO BE USED AS THE EQUIPMENT MAINTENANCE AND CLEANING AREAS, EMPLOYEE PARKING AREA(S), AND AREAS FOR LOCATION OF PORTABLE FACILITIES, OFFICE TRAILERS, TOILET FACILITIES, ETC. 5.THE CONTRACTOR SHALL REMOVE ALL SOILS AND SEDIMENTS TRACKED OR OTHERWISE DEPOSITED ONTO PUBLIC AND PRIVATE PAVEMENT AREAS. REMOVAL SHALL AT LEAST BE ON A DAILY BASIS WHEN TRACKING OCCURS AND/OR WHEN NEEDED. SWEEPING SHALL BE MAINTAINED THROUGHOUT THE DURATION OF THE CONSTRUCTION AND DONE IN A MANNER TO PREVENT DUST BEING BLOWN TOWARD ADJACENT PROPERTIES AND/OR PUBLIC RIGHT-OF-WAY (ROW). 6.THE CONTRACTOR SHALL INSTALL INLET PROTECTION AT ALL PUBLIC AND PRIVATE CATCH BASIN INLETS, WHICH RECEIVE RUNOFF FROM ANY OF THE DISTURBED AREAS. THE CONTRACTOR SHALL CLEAN, REMOVE SEDIMENT, AND/OR REPLACE STORM DRAIN INLET PROTECTION DEVICES ON A ROUTINE BASIS SUCH THAT THE DEVICES ARE FULLY FUNCTIONAL FOR THE NEXT RAIN EVENT. 6.1.SEDIMENT DEPOSITED IN AND/OR PLUGGING THE DRAINAGE SYSTEM(S) SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR AND LEGALLY DISPOSED. 6.2.HAY BALES OR FILTER FABRIC WRAPPED GRATES ARE NOT ALLOWED FOR INLET PROTECTION. 6.3.SILT FENCE OR FABRIC PLACED UNDER THE GRATE IS NOT AN APPROVED FORM OF INLET PROTECTION. 7.THE CONTRACTOR SHALL LOCATE SOIL OR DIRT STOCKPILES NO LESS THAN 25 FEET FROM ANY PUBLIC OR PRIVATE ROADWAY OR DRAINAGE CHANNEL. IF REMAINING FOR MORE THAN 48 HOURS, STABILIZE THE STOCKPILES BY MULCHING, VEGETATIVE COVER, TARPS, AND/OR OTHER MEANS. CONTROL EROSION FROM ALL STOCKPILES BY PLACING SILT BARRIERS AROUND THE PILES. TEMPORARY STOCKPILES LOCATED ON PAVED SURFACES MUST BE NO LESS THAN TWO (2') FEET FROM THE DRAINAGE/GUTTER LINE AND SHALL BE COVERED IF LEFT MORE THAN 24 HOURS. 8.THE CONTRACTOR SHALL MAINTAIN ALL TEMPORARY EROSION AND SEDIMENT CONTROL DEVICES IN PLACE UNTIL THE CONTRIBUTING DRAINAGE AREA HAS BEEN STABILIZED AND ACCEPTED. INSPECT TEMPORARY EROSION AND SEDIMENT CONTROL DEVICES ON A DAILY BASIS AND REPLACE DETERIORATED, DAMAGED, OR ROTTED EROSION CONTROL DEVICES IMMEDIATELY. 9.THE CONTRACTOR SHALL TEMPORARILY AND/OR PERMANENTLY STABILIZE ALL CONSTRUCTION AREAS WHICH HAVE UNDERGONE FINAL GRADING, AND ALL AREAS IN WHICH GRADING AND/OR SITE BUILDING CONSTRUCTION OPERATIONS ARE NOT ACTIVELY UNDERWAY AGAINST EROSION DUE TO RAIN, WIND, AND/OR RUNNING WATER WITHIN SEVEN (7) DAYS. 9.1.APPROPRIATE MnDOT SEEDING MIXTURES SHALL BE UTILIZED, UNLESS OTHERWISE NOTED. 9.2.USE SEED AND MULCH, EROSION CONTROL MATTING, AND/OR SODDING AND STAKING IN GREEN SPACE AREAS. 9.3.ANY USE OF EROSION CONTROL BLANKET MUST BE FULLY BIODEGRADABLE WITH LOOSE-WEAVE NETTING (OR NETLESS). 9.4.REMOVE ALL TEMPORARY SYNTHETIC, STRUCTURAL, NON-BIODEGRADABLE EROSION AND SEDIMENT CONTROL DEVICES AFTER THE SITE HAS UNDERGONE FINAL STABILIZATION WITH PERMANENT VEGETATION ESTABLISHMENT. 9.5.FINAL STABILIZATION FOR PURPOSES OF THIS REMOVAL IS AT LEAST 75 PERCENT ESTABLISHED COVER OVER ALL DENUDED, DISTURBED, ETC. AREAS. 10.ALL EXPOSED SOIL AREAS SHALL BE STABILIZED PRIOR TO THE ONSET OF WINTER CONDITIONS. ANY WORK STILL BEING PERFORMED WILL BE SNOW MULCHED AND/OR SNOW BLANKETED WITH SNOW SEEDING. 10.1.APPROPRIATE MnDOT SEEDING MIXTURES SHALL BE UTILIZED, UNLESS OTHERWISE NOTED. 11.READY MIXED CONCRETE AND CONCRETE BATCH/MIX PLANTS ARE PROHIBITED WITHIN THE PUBLIC RIGHT-OF-WAY (ROW). ALL CONCRETE RELATED PRODUCTION, CLEANING, AND MIXING ACTIVITIES SHALL BE DONE IN THE DESIGNATED CONCRETE MIXING/WASHOUT LOCATIONS AS DETERMINED BY THE [GENERAL] CONTRACTOR. 11.1.UNDER NO CIRCUMSTANCES MAY WASHOUT WATER DRAIN INTO THE PUBLIC RIGHT-OF-WAY (ROW) AND/OR INTO ANY PUBLIC AND/OR PRIVATE STORM DRAIN CONVEYANCE. 12.DUE TO THE GRADE CHANGES DURING THE DEVELOPMENT OF THE PROJECT, THE CONTRACTOR SHALL BE RESPONSIBLE FOR ADJUSTING THE EROSION AND SEDIMENT CONTROL MEASURES TO PREVENT EROSION. 13.CHANGES TO THE APPROVED EROSION AND SEDIMENT CONTROL PLAN (WHEN UNDER ONE (1) ACRE DISTURBED) OR THE STORMWATER POLLUTION PREVENTION PLANS (SWPPP) SHEETS MUST BE APPROVED, IN WRITING, BY THE EROSION CONTROL INSPECTOR PRIOR TO IMPLEMENTATION. 13.1.THE CONTRACTOR SHALL PROVIDE INSTALLATION INSTRUCTIONS, DETAILS, ETC. FOR ALL PROPOSED ALTERNATE TYPE DEVICES. 14.ALL CONSTRUCTION AREAS SHALL BE PROTECTED AT THE END OF EACH WORKING DAY, THIS INCLUDES, BUT NOT LIMITED TO: BACKFILLING OF AND/OR PROTECTING TRENCHES FOR UTILITY CONSTRUCTION; PLACEMENT OF GRAVEL OR BITUMINOUS PAVING FOR ROADWAY REPLACEMENT; CLOSING AND LOCKING GATES AND/OR OPENINGS IN TEMPORARY FENCING. 15.ADJACENT STREETS, SIDEWALKS/TRAILS, AND/OR ALLEYS MUST BE SWEPT TO KEEP THEM FREE OF SEDIMENT, DEBRIS, ETC. 16.CONTRACTOR MUST MONITOR CONDITIONS AND SWEEP AS NEEDED OR WITHIN 24 HOURS OF NOTICE BY THE CITY/COUNTY, THE ENGINEER, OR THE OWNER. SCALE:N/A SILT FENCE INSTALLATION1 SCALE:N/A EROSION CONTROL BLANKET INSTALLATION2 117 233609v1 (reserved for recording) DECLARATION OF RESTRICTIVE COVENANTS THIS DECLARATION OF RESTRICTIVE COVENANTS (the “Declaration”), is made this _____ day of _________________, 2024, by JOSEPH WALD and CRYSTAL WALD, married to each other (“Declarants”). WHEREAS, Declarants are the fee owners of real property located at 1205 Tonkawa Road [PIN 08-117-23-13-0018], Orono, Minnesota, legally described as: Tract C, Registered Land Survey No. 853, according to the recorded plat thereof, Hennepin County, Minnesota (“Subject Property”); and WHEREAS, Declarants have applied to the City of Orono for Permit No. RAS24-000071 (“Permit”) to install plumbing in a 420 square feet Accessory Building on the Subject Property; and WHEREAS, as a condition of issuance of the Permit and pursuant to Orono City Code Section 78-1437, the Declarants agree to impose upon and subject the Subject Property to certain covenants, conditions, restrictions and reservations for the benefit of the City, the Subject Property and its present and future owners; NOW, THEREFORE, the undersigned parties hereby declare, impose upon, create and establish the following covenants, conditions and restrictions upon the property: 1. PROHIBITION ON USES. The plumbing in the Accessory Building shall be regulated as follows: A. The provision of outside sillcocks and indoor water supply shall be allowed in any accessory building. DRAFT118 233609v1 B. Installation of any combination of fixtures requiring wastewater plumbing in any accessory building, subject to provision of municipal sanitary sewer or a conforming sewage treatment system designed to handle the anticipated flows from such fixtures, and subject to the property owners executing a covenant providing that the accessory building will not be: i. Used for a home occupation unless specifically approved by the city or if allowed by this Code. ii. Used as a dwelling unless a guest house conditional use permit is obtained. iii. Rented, leased, or otherwise provided for use as a dwelling under any circumstances. 2. RUN WITH THE LAND. The covenants and restrictions set forth in this Declaration shall run with the Subject Property, shall be recorded with Hennepin County against the title to the Subject Property, and shall be binding upon and inure to the benefit of the City and the Declarants named herein, their successors, heirs, and assigns, and any other person or entity at any time hereafter who shall become the owner of the Subject Property. IN WITNESS WHEREOF, as of the day and year first hereinabove written, the Declarants have executed this Declaration. [Remainder of page intentionally left blank. Signature pages follow.] DRAFT119 233609v1 CITY OF ORONO: By: Dennis Walsh, Mayor By: Adam T. Edwards, City Administrator STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _____ day of ____________, 2024, by Dennis Walsh and by Adam T. Edwards, respectively the Mayor and City Administrator of the City of Orono, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. ____________________________________ Notary Public DRAFT120 233609v1 DECLARANTS: Joseph Wald Crystal Wald STATE OF MINNESOTA ) )ss. COUNTY OF ____________ ) The foregoing instrument was acknowledged before me this _____ day of _____________, 2024 by Joseph Wald and Crystal Wald, married to each other. ____________________________________ Notary Public THIS INSTRUMENT DRAFTED BY: CAMPBELL KNUTSON, P.A. Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 Telephone: (651) 452-5000 SMM/mkl DRAFT121 233609v1 EXHIBIT “A” DRAFT122 233609v1 MORTGAGE HOLDER CONSENT TO DECLARATION OF RESTRICTIVE COVENANTS JPMORGAN CHASE BANK, N.A., a corporation organized and existing under the laws of the United States of America, which holds a Mortgage on all or part of the property more particularly described in the foregoing Declaration of Restrictive Covenants, which Mortgage is dated January 9, 2020 and was recorded January 10, 2020 as Hennepin County, Minnesota, Document No. T05677558, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby join in, consents to, and is subject to the foregoing Declaration. Dated this _____ day of ____________, 2024. JPMORGAN CHASE BANK, N.A. By: ______________________________________ ____________________________ [print name] Its __________________________ [title] STATE OF MINNESOTA ) ) ss. COUNTY OF ______________ ) The foregoing instrument was acknowledged before me this _____ day of ______________, 2024, by _________________________ the __________________________ of JPMorgan Chase Bank, National Association, a corporation organized and existing under the laws of the United States of America, on behalf of said entity. ________________________________________ Notary Public THIS INSTRUMENT DRAFTED BY: CAMPBELL KNUTSON Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 Telephone: (651) 452-5000 SMM/mkl DRAFT123 38 08-117-23 13 0003 LAWRENCE J GARDNER 1085 TONKAWA RD LONG LAKE MN 55356 38 08-117-23 13 0004 ROBIN E JOHNSON 1105 TONKAWA ROAD ORONO MN 55356 38 08-117-23 13 0005 LYNN KOENIG/LEONDIAS BUTCHER 1200 TONKAWA RD LONG LAKE MN 55356 38 08-117-23 13 0006 DAVID C TEMPLEMAN 1180 TONKAWA RD LONG LAKE MN 55356 38 08-117-23 13 0007 MARLA & MARSHALL STANTON 1160 TONKAWA RD LONG LAKE MN 55356 38 08-117-23 13 0008 TONKAWA MANAGEMENT LLC 1140 TONKAWA RD LONG LAKE MN 55356 38 08-117-23 13 0009 JOHN G & ANNE L BENDT 1120 TONKAWA RD LONG LAKE MN 55356 38 08-117-23 13 0016 DAN & SUSAN ADAMS 1145 TONKAWA RD LONG LAKE MN 55356 38 08-117-23 13 0017 GREGORY M MARGARIT JULIE M MARGARIT 1185 TONKAWA RD LONG LAKE MN 55356 38 08-117-23 13 0018 JOSEPH WALD & CRYSTAL WALD 100 11TH AVE #15A NEW YORK NY 10011 38 08-117-23 13 0021 SUGAR WOODS SHORES LLC 18100 LAGOS WAY NAPLES FL 34110 38 08-117-23 42 0001 DONNA R EBERTZ MICHAEL J EBERTZ 1220 TONKAWA RD LONG LAKE MN 55356 38 08-117-23 42 0003 DNR REAL ESTATE MGMT ATTN DEBBIE GURTIN 500 LAFAYETTE RD ST PAUL MN 55155 38 08-117-23 42 0009 JAMES D RENDER 1335 TONKAWA RD WAYZATA MN 55391 38 08-117-23 42 0010 MICHAEL M LOOP TRUSTEE KRISTA J LOOP TRUSTEE 1355 TONKAWA RD WAYZATA MN 55391 38 08-117-23 42 0011 JAMES D RENDER 1335 TONKAWA RD WAYZATA MN 55391 38 08-117-23 42 0012 LISA A FERRIS 1315 TONKAWA RD ORONO MN 55391 38 08-117-23 43 0016 SOUTHWEST CAPITAL LLC 3400 NORTHSHORE DR WAYZATA MN 55391 38 08-117-23 43 0017 DANIEL REGAN & SHARON REGAN 3410 NORTH SHORE DRIVE WAYZATA MN 55391 38 08-117-23 43 0018 NANCY ALFORD MCGOVERN 3420 NORTH SHORE DR WAYZATA MN 55391 38 08-117-23 43 0020 GERALD J RAY KATHLEEN M RAY 3442 NORTH SHORE DR WAYZATA MN 55391 124 Hennepin County Locate & Notify Map 1205 Tonkawa 0 200 400100 Feet Date: 3/20/2025 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 125 1200 Warner Road St. Paul, MN 55106 April 17, 2025 City of Orono 2750 Kelley Parkway Orono, MN 55356 Re: Edwins Shoreland Water Oriented Accessory Structure Variance – 1205 Tonkawa Road Members of the Board of Adjustment, Thank you for the opportunity to comment on this application requesting a variance to replace an existing, nonconforming water-oriented accessory structure (WOAS) with a new one that is elevated to meet floodplain standards and adds plumbing fixtures, including a bathroom and shower. My comments and recommendation are based on an evaluation of the facts presented in the application received April 2, 2025 against the criteria in Minn. Statute §462.357. Based on this evaluation, the DNR recommends denial of the variance. Summary of variance request The application requests (1) a variance to deviate from the 75-foot structure setback from the ordinary high water level (OHWL) of the lake, a (2) a variance to deviate from the 15-foot bench of fill for structures elevated in the floodplain, and (3) a variance to increase the time and intensity of human use by adding water and sewer service to the structure. DNR has significant concerns with the first and third variances. These requests presume the proposed structure is a typical accessory structure and should be reviewed as such. A plain reading of the WOAS definition and restrictions placed on such structures by the city’s code and the state shoreland rules undermine this presumption. Since the existing structure is placed only 14 ft from the ordinary high water level (OHWL) and less than the normal structure setback, it is by definition a WOAS and therefore it must be evaluated as such and not as any other type of accessory structure. In fact, city code section 78-7 states that “the regulations which are more restrictive or which impose higher standards or requirements shall prevail.” Under the following city definition (consistent with state rules) for WOAS, small storage, utility and yard structures close to the shoreline (not meeting the normal structure setback) are WOAS (Sec. 78-1211): “Water-oriented accessory structure or facility means a small, aboveground building or other improvement, except stairways, fences, docks and retaining walls, which, because of the relationship of its use to a surface water feature, reasonably needs to be located closer to public waters than the normal structure setback. Examples of such structures and facilities include boathouses, gazebos, screen houses, fish houses, pump houses, lock boxes, and detached decks.” 126 In Section 78-1281, the city restricts WOAS as follows: “The only water-oriented accessory structures allowed to be located nearer the ordinary high water level than the normal structure setback as specified in this article shall be: (1) One lockbox no greater than 20 square feet in area and no higher than 48 inches in height; (2) One flagpole setback from side lot lines a distance no less than the required principal structure side yard setback for the zoning district; and (3) One pumphouse no greater than 20 square feet in area and no higher than 48 inches in height.” The existing legal nonconforming structure can certainly remain, and it can be repaired or replaced under state law, but it cannot be expanded. The demolition and construction of new, more intensive, structures are no longer protected nonconformities and must comply with current zoning standards. Any new structure that does not meet normal setbacks must comply with the WOAS standards in Sec. 78- 1281 and any deviation to those standards must be evaluated against the WOAS standards and not the less restrictive standards for accessory structures in Sec. 78-1437. While the DNR’s standards for WOAS, contained in Minn. R. 6120.3300, Subp. 3.H, allow larger structures (up to 400 square feet), they prohibit water supply or sewage treatment facilities. Not only is the variance request to add plumbing fixtures an extreme deviation from the city’s code for water-oriented accessory structures, it is also an extreme deviation from the state rules. Evaluation Criteria and Approach The role of the Board of Adjustment (BOA) is to objectively evaluate whether the submitted facts meet the statutory criteria for approving a variance. Under Minn. Statute §462.357, variances can only be approved when they are in harmony with the general purposes and intent of the zoning code and when they are consistent with the comprehensive plan. Specifically, variances can only be granted when the applicant proves there are practical difficulties in complying with the zoning code. State law only allows variances if all three practical difficulties criteria are met: • There are unique circumstances to the property not created by the landowner. • The property owner proposes to use the property in a reasonable manner not permitted by the ordinance. • Granting the variance will not alter the essential character of the locality. If any of these criteria are not met, then the variance must be denied. State law also does not allow approving variances solely for financial reasons. The decision to approve or deny a variance requires a rational explanation, based on facts, not on proposed conditions of approval. Conditions may be considered, but only after a decision is made to approve. Additionally, opinions of support or opposition, without supporting evidence, from neighbors or the public are not facts and should not be considered. This property is in the shoreland of a public water, an area that the state has identified as a sensitive area where special laws are needed to protect scenic character; aquatic and riparian vegetation; habitat; and to reduce the flow of nutrients into surface waters preventing excessive algae and plant growth to maintain safe recreational opportunities. This context is critical for properly evaluating the facts against 127 the practical difficulties criteria whether the Board of Adjustment is deciding, or a district court is reviewing such a decision on appeal. Analysis of Facts and Recommendation The Board of Adjustment should deny this variance because: The proposed USE of the water-oriented accessory structure is NOT ALLOWED under the ordinance or under state law. Minn. Statute §462.357 states that the “board of appeals and adjustments ... may not permit as a variance any use that is not allowed under the zoning ordinance for property in the zone where the affected person's land is located.” The city’s code states that a lockbox, flagpole, and pumphouse (essentially ancillary utility services) are the only uses allowed for water-oriented accessory structures. A 780 square foot structure with nearly eight-foot ceilings and a kitchen and bathroom is clearly a residential use. The city code does not allow a residential use only 14 feet from the water. The city cannot approve a use variance, and this application must be denied outright or be contrary to state law. There are NO UNIQUE CIRCUMSTANCES of the property not created by the property owner. Unique circumstances are physical characteristics of the land such as lot shape, lot dimension, and buildable area that are rare compared to other nearby shoreland properties. Personal matters unrelated to the property, such as family needs, design preferences, and financial considerations, are not unique circumstances. The application points to the difference in elevation between the principal structure and the water- oriented accessory structure as a unique circumstance. However, DNR’s review of nearby shoreland properties shows that such differences in elevation are common. There is nothing that makes this property physically unique from other similar shoreland properties to justify the significant deviations from the standards when others must comply. If this property is entitled to a variance, there is no reason why any other similar property would not be entitled to a variance. Granting a variance, therefore, undermines the purpose of shoreland regulations. In fact, the problem is due to design preferences. The property owner DOES NOT propose to use the property in a reasonable manner given the purpose of the water-oriented accessory structure provisions. This criterion is about what is reasonable given the purpose of the ordinance, NOT what is reasonable to the property owner. Variance requests should only be the minimum necessary to achieve the purposes of the ordinance. The purpose of water-oriented accessory structure provisions under the city’s code are to provide shelter to ancillary utility services and placement of a flag. The purpose of WOAS under the shoreland rules are to provide storage for watercraft accessories or shelter for temporary human use – no water or sewer services permitted. The purpose of these two regulatory options is to limit the intensity and amount of time of human activity in the ecologically-sensitive shore impact zone. The applicant has not 128 From:Rick Rohrer To:Melanie Curtis Cc:Chris Bollis; jonressler@outlook.com; Thomas Brandabur; Andrew Jarnot; Kelly Prchal; Shane Weltzin; Mark McCutcheon; tedmschultze@gmail.com Subject:LA25-000012, 1205 Tonkawa Rd Date:Friday, April 18, 2025 12:10:53 PM Dear Ms. Curtis, I am writing to express my surprise and dismay that you have recommended approving this variance. There is no practical difficulty to justify building a new boathouse at this location. Moreover, there is no “existing” structure to compare against. The former boathouse was demolished last year. I agree with the assessment of the Minnesota DNR that this structure cannot be allowed to be built. Cordially yours, Rick Rohrer 1424 Baldur Park Rd Orono demonstrated why it is necessary to add plumbing fixtures to the existing structure, a significant deviation from the regulations. Again, the variance is being driven by design preferences. Conclusion The facts do not support a decision to approve and show that the design preferences are driving the variance request. A decision to approve the variance would therefore be arbitrary and capricious. The DNR recommends denial. State rule and your ordinance requires that final variance decisions, including findings, be sent to the DNR within 10 days of the decision. The DNR monitors local government variance decisions and may appeal decisions we believe do not meet the statutory criteria and result in negative impacts to shorelands and public waters. If you have any questions, please call, or email me. Sincerely, Dan Scollan Area Hydrologist daniel.scollan@state.mn.us 651-259-5732 c: Megan Moore, District Manager John (Jack) Gleason, Hydrologist Supervisor Dan Petrik, Shoreland Program Manager 129 Date: April 21, 2025 Item: 6.4 Presenter: Matt Karney, Planner Section: Public Hearings Title: LA25-000013, Anderson Engineering, 200 Woodhill Road, Interim Use Permit (Matthew Karney) 1.Purpose: The applicant requests an Interim Use Permit (IUP) for grading in excess of 20,000-square feet for a storm sewer replacement project at the Woodhill Country Club. 2.MN§15.99 Application Deadline: The application was made on March 24, 2025 and deemed complete on April 10, 2025. Following the 60-day review period this application expires on June 9, 2025. 3.Background: The applicant requests an Interim Use Permit (IUP) to complete a grading and storm sewer replacement project at the Woodhill Country Club. Other ancillary improvements include reworking some greens and bunkers, addressing stormwater on the site and constructing some tee boxes. The area of disturbance in Orono is 4.92 acres on a property approximately 120 acres in size. 4.Public Comment: No public comments have been received. 5.Staff Recommendation: Staff recommends approval of the Interim Use Permit subject to the following conditions: 1. The interim use permit will be active until May 1,2026, as requested by the applicant. 2. The proposed grading work on the property will comply with the submitted plans. 3. The applicant shall obtain an administrative grading permit and ensure all other permits for other governmental agencies are obtained prior to commencing work on the site, this includes Minnehaha Creek Watershed District. 6.Planning Commission Action Requested: If the commission agrees with staff's analysis; a motion should be made for approval of the proposed application with the identified conditions. AGENDA ITEM Exhibits Exhibit A - Staff Report Exhibit B - Application Exhibit C - Cover Letter Exhibit D - Orono Demo Plan Exhibit F - Stormwater Summary Exhibit E - Orono Site Plan 130 Exhibit G - Aerial Imagery Exhibit H - Mailing List & Map 131 Date Application Received: 03/24/2025 Date Application Considered as Complete: 04/10/2025 60-Day Review Period Extension Expires: 06/09/2025 To: Chair Bollis and Planning Commission Members Adam Edwards, City Administrator From: Matthew Karney, Planner Date: 21 April 2025 Subject: LA25-000013, Anderson Engineering, 200 Woodhill Road Interim Use Permit – Public Hearing Background The applicant requests an Interim Use Permit (IUP) to complete a grading and storm sewer replacement project at the Woodhill Country Club. Other ancillary improvements include reworking some greens and bunkers, installing a new bituminous cart path and tee boxes, and filling two (2) man-made ponds. As the property is split between the Cities of Orono and Wayzata, work specific to the City of Orono is highlighted with this IUP application. The property is zoned RR-1B, and the golf course use is allowed with a conditional use permit. The applicant proposed a project end date of May 1, 2026. They state that work on the property will be completed between the hours of 7:00 am and 6:00 pm, with approximately 20 vehicles going to the property each day, including both hauling trucks and construction employees. Although the property is located at the end of Woodhill Road, regional access for hauling would use Shoreline Drive, which is proximate to its interchange with US Highway 12. Interim Use Permit Analysis Per Section 78-1726 of the City Code, an IUP is required in instances where land disturbance affects more than 20,000 square feet of area. In this instance, 4.92 acres (~215,000 square feet) will be disturbed, with 504 cubic yards of earth to be cut, and 3,250 cubic yards to be filled (net 2,746 cubic yards). The property is roughly 121 acres within the City of Orono. 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 (Section 78-916): 1) Consistent with the community management plan: The property is a golf course, which is a permitted conditional use in RR-1B zoning district. The golf course use is consistent with the Comprehensive Plan (community management plan). Grading activities and renovations of an existing use is reasonable. This criterion is met. 2) Compliant with the zoning code, including any conditions imposed on specific uses as required by article V, division III of the City Code: The proposed interim use is compliant with the zoning code and is not subject to conditions by Article V, Division III of the City Code. This criterion is met. 3) Adequately served by police, fire, roads, and stormwater management: The property meets this standard. This criterion is met. Application Summary: The applicant requests an interim use permit for grading in excess of 20,000- square feet for a storm sewer replacement project at the Woodhill Country Club. Staff Recommendation: Planning Staff recommends approval. 132 FILE # LA25-000013 21 April 2025 Page 2 of 4 4) Provided with an adequate water supply and sewage disposal system: The property has access to an adequate water supply and sewage disposal system. This criterion is met. 5) Not expected to generate excessive demand for public services at public cost: This proposal is not anticipated to impact public services. This criterion is met. 6) Compatible with the surrounding area as the area is used both presently and as it is planned to be used in the future: The proposal does not involve changing the use of the property. This criterion is met. 7) Consistent with the character of the surrounding area, unless a change of character is called for in the community management plan: The proposal does not involve changing the character of the property or the area. This criterion is met. 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 interim use will not change the compatibility of the site or use with the surrounding area. This criterion is met. 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 interim use, including hauling of materials, grading, and infrastructure repair, is not anticipated to impact the use or enjoyment of property in the area. This criterion is met. 10) Provided with screening and buffering adequate to mitigate undesirable views and activities likely to disturb surrounding uses: The portion of the property within the City of Orono is at least 120-acres in size. The areas to be disturbed are central to the property and buffered by woods along the outside of the property. This criterion is met. 11) Not create a nuisance which generates smoke, noise, glare, vibration, odors, fumes, dust, electrical interference, general unsightliness, or other means: The proposal is not anticipated to create a nuisance, given the existing conditions of the property. The loading and unloading of hauling vehicles would occur in areas well within the subject property. This criterion is met. 12) Not cause excessive non-residential traffic on residential streets, parking needs that cause a demonstrable inconvenience to adjoining properties, traffic congestion, or unsafe access: The proposal is not anticipated to create excessive traffic burdens on the nearby road network, as the access serving the property is not a through street only providing access to a few residences in addition to the golf course. Shoreline Drive, the regional access to the site, is a county road that has the capacity to serve this use. This criterion is met. 13) Designed to take into account the natural, scenic, and historic features of the area and to minimize environmental impact: 133 FILE # LA25-000013 21 April 2025 Page 3 of 4 The proposal, in part, is improving stormwater facilities in the area, improving the capabilities of moving water during heavy precipitation. This criterion is met. 14) All exterior lighting shall be so directed so as not to cast glare toward or onto the public right -of- way or neighboring residential uses or districts: The proposal does not include the installation of any exterior lighting. This criterion is met. 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. No interim use permit may be granted unless the city council determines that the use will comply with the following (78-1747): 1) The use is allowed as an interim use in the applicable zoning district: The property is a golf course, which is a permitted conditional use in RR-1B zoning. Properties in excess of five (5) acres with grading activities disturbing an area larger than 20,000 square feet is an allowed use with approval of an interim use permit. This criterion is met. 2) The use will not delay anticipated development or redevelopment of the site: The property is fully developed as a golf course and the proposed interim use is a reasonable redevelopment and improvement of the site. This criterion is met. 3) The use will not be in conflict with any provisions of the City Code on an ongoing basis: Staff finds the proposed interim use does not create a conflict with the City Code. This criterion is met. 4) The use will not adversely affect the adjacent property, the surrounding neighborhood, or other uses on the property where the use will be located: The proposed interim use is not anticipated to adversely affect the adjacent area. Only 4.92 acres of the more-than-120-acre property will be affected, and the work on the property will be located away from adjacent properties. This criterion is met. 5) The use will not impose additional unreasonable costs on the public: The interim use will not impose additional costs on the public. This criterion is met. 6) The date or event that will terminate the use can be identified with certainty: The applicant has indicated that the land disturbance project will be completed by May 1, 2026. The site will be revegetated following completion of the project. This criterion is met. 7) The applicant agrees in writing to any conditions that the city council deems appropriate for the use, including a requirement for a financial security to ensure removal of all evidence of the use upon termination, and restoration of the site to prior or better conditions. The conditions shall be set forth in a development agreement between the property owner and the city, which agreement shall be recorded with the Hennepin County Recorder or Register of Deeds: Approval of the Interim Use Permit will be executed through a signed and recorded resolution. All requirements for the use and conditions of approval will be stated within the resolution. This criterion is met. 134 FILE # LA25-000013 21 April 2025 Page 4 of 4 The Commission may recommend or Council may impose conditions in granting of an IUP. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the IUP. Public Comments The City has not received any public comments regarding the application. Planning Staff Recommendation Staff recommends approval of the Interim Use Permit for grading in excess of 20,000-square feet for a storm sewer replacement project, subject to the following conditions: 1) The interim use permit will be active until May 1,2026, as requested by the applicant. 2) The proposed grading work on the property will comply with the submitted plans. 3) The applicant shall obtain an administrative grading permit and ensure all other permits for other governmental agencies are obtained prior to commencing work on the site, this includes Minnehaha Creek Watershed District. List of Exhibits Exhibit A. Staff Report Exhibit B. Application Exhibit C. Cover Letter Exhibit D. Orono Demo Plan Exhibit E. Orono Site Plan Exhibit F. Project Description Exhibit G. Aerial Imagery Exhibit H. Mailing List & Map 135 Land Use Application Summary Application Date:03/24/2025 Address:200 Woodhill Road Orono, MN 55391 Parcel Number:0211723120001 Land Use Number:LA25-000013 Application Submitted By:Agent on behalf of property owner Owner:Name: WOODHILL COUNTRY CLUB Address: 200 WOODHILL RD WAYZATA MN 55391 Applicant:Name: KYLE STEBBING Company: Anderson Engineering Address: 13605 1st ave. n. Plymouth, MN 55446 kstebbing@ae-mn.com Contact Information:Associated Contact: KYLE STEBBING kstebbing@ae-mn.com Associated Contact: Erik Tolzmann erik.tolzmann@woodhillcc.com Associated Contact: Associated Contact: Project Description:Storm sewer replacement project 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: 136 Orono Planning Commission 4-21-2025 Woodhill Country Club Renovation Project Our goal is to restore Minnesota’s only original Donald Ross-designed golf course to its original intent, integrating modern players, technology, and agronomics with Ross’ classic design. This project was initiated due to pressing player safety concerns and the need to repair crumbling infrastructure essential for the land's function as both a sports facility and wildlife habitat. During the planning process, Woodhill’s mission and goals expanded to enhance sustainability efforts, which have been a cornerstone of Woodhill’s mission since its designation as an Audubon Cooperative Sanctuary in 1994. Additionally, we aim to improve playability for players with slower swing speeds, thereby increasing accessibility for a wider demographic of golfers. Work will include the installation of a new irrigation system, replacement of bunker sands and drainage, minor aesthetic tweaks, widening of fairways, installation of new teeing grounds, removal of select trees, replacement of a crumbling storm sewer system and removal and replacement of bituminous cart paths. We will also be filling in two man- made ponds that no longer function as golf course features and fail to facilitate natural drainage on the property. The project will run from July 8th to November 30th, 2025. Construction will occur M-F from 7am to 6pm and Saturdays from 7am – 1pm. Delivery frequency will vary by work stage. There will be no material hauling off site. Expect up to 20 contractor vehicles daily. 137 932 934934934934 934936936 936938938 938942942942942 942944944944944 944946 946948948 948 948952 952952 952 952 952954 954 954 954 954 954956 956 956 956 956956958 958 958 958958962962962962962962 962 962 964964964964964964964964964964 966966966966966966966966966966968968 968968968968968968968968972972 972 972972972972972972972972972974974974 974974 974974974974 974 974974 974974976 976976 976976976976 976 9 7 6976976976 978 978978 978978978 978978 978978 9829829 8 2982 982982982 982 984984984984984984984 984986 986986986986986986 986986986988 988988988988 9 8 8 988988992 992992992992 992992 992 994994994994994994 994 994 9969969969 9 6996996 996 996 998998998998998 998 998 100210021002100 2 1002 10041004100410041004 10061006100610061006 10081008100810081008 10121012101210121012 101410141014 10161016 1016 10181018 1018 102 2 1022 102 4 1024 1026 1026102810281032103210341034 10361036 1036 1036 1038 1038 944944946946 948948 952954956958954954956956958 958962 962962 962 962 9 6 2 962962 964 964964 964 96 4 9 6 4 964 964966 966966 966 966 966 966 966968 9689 6 8 968 968 968 972 972 972 972 97 2 972 974 974 9 7 4 974 976 976 9 7 6 976 97 8 978 9 7 8 978 97898 2 98298 4 984986 986988 988944946948952954956958962964966 968 972974976978982984986988992994 958962964966968972 974976978982984986988992994 SCALE:1 ORONO DEMO PLAN 1"=150' PLOTTED:COMM. NO. DRAWING NO. 2/03/2025 17701 STORMWATER INFRASTRUCTURE IMPROVEMENTS 1 3 6 0 5 1 s t A v e n u e N . #1 0 0 P l y m o u t h , M N 5 5 4 4 1 | a e -m n .c o m P 7 6 3 .4 1 2 .4 0 0 0 | F 7 6 3 .4 1 2 .4 0 9 0 A n d e r s o n E n g i n e e r i n g o f M i n n e s o t a , L L C DRAWING TITLE CHECKED BY:DRAWN:DESIGNED: KS REVISION LOG DESCRIPTION OF REVISIONSNO.DATE WOODHILL COUNTRY CLUB 200 WOODHILL RD WAYZATA, MINNESOTA CONSTRUCTION DOCUMENTS PRINT NAME: SIGNATURE: I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. DATE:LICENSE NO. PAGE: OF 20 ATKS KEY MAP CONTRACTOR NOTES 1.UTILITIES MUST BE LOCATED PRIOR TO EXCAVATION OR GRADING ON SITE. CALL GOPHER STATE ONE CALL AT 1-800-252-1166 AS SOON AS POSSIBLE TO SCHEDULE UTILITY LOCATIONS. 2.CONTRACTOR TO PROTECT ALL EXISTING SITE ELEMENTS NOT NOTED FOR REMOVAL. 3.ALL EXISTING UTILITIES SHOWN THROUGHOUT THIS PLAN ARE APPROXIMATE. FIELD VERIFY PIPE SIZE, MATERIAL AND LOCATION. ANY DISCREPANCIES FOUND IN THE FIELD SHALL BE DIRECTED TO THE ENGINEER IMMEDIATELY. N 0 150'300' ORONO DEMO PLAN CD100 LEGEND PROPERTY LIMITS CONSTRUCTION LIMITS EXISTING WATERMAIN EXISTING SANITARY SEWER EXISTING STORM SEWER EXISTING FENCE EXISTING GAS MAIN EXISTING OVERHEAD WIRES EXISTING TELEPHONE EXISTING UNDERGROUND ELECTRIC EXISTING IRRIGATION VAULT EXISTING SPRINKLER HEAD EXISTING STORM SEWER INLET REMOVE EXISTING UTILITY LINE REMOVE EXISTING ASPHALT PAVEMENT REMOVE EXISTING GRAVEL PAVEMENT REMOVE TREE WAYZATA/ORONO BOUNDARY REMOVING MAINLINE STORM SEWER REMOVING INLET/OUTLET PIPE REMOVING BITUMINOUS/GRAVEL CART PATHS 138 Anderson Engineering of Minnesota, LLC ● 13605 1st Avenue North, Suite 100 ● Plymouth, Minnesota 55441 ● (763) 412-4000 Main ● (763) 412-4090 Fax ● www.ae-mn.com 1 | P a g e Table of Contents • Cover / Certification Page • Table of Contents • Project Overview • Existing Site Conditions • Soils • Proposed Site Conditions • Stormwater Management • Waterbody Crossings and Structures • Summary Appendix – Exhibits and Calculations • A – NRCS Custom Resource Report • B – Existing Drainage Map • C - Existing Hydrocad Report • D - Proposed Drainage Map • E – Proposed Hydrocad Report • F – Inundation & Rate Tables • G – Engineered Plans 139 Stormwater Narrative/Summary March 11, 2025 Woodhill CC – Course Renovation Project Wayzata, MN 2 | P a g e Project Overview Woodhill Country Club is an existing golf club located in Orono and Wayzata, MN. The golf club falls within two separate LGU boundaries, Minnehaha Creek Watershed District (MCWD) and the city of Wayzata. All storm sewer trunkline replacement as well as pond 14 and 15 infill will fall under Minnehaha Creek Watershed jurisdiction. All proposed work on Pond 7/9 will fall under the city of Wayzata jurisdiction. The golf course encompasses a total of 193.63-acres with a total disturbed area of approximately 5.25 acres. The project aims to create a more welcoming and enjoyable course for golfers of all ages and skill levels. The project will include the reconstruction (re-grading and shaping) of greens and tee box features to accommodate the revised course layout. Existing drainage structures and pipes will also be removed and replaced to ensure course drainage is maintained into the future. Existing Site Conditions The 193.63-acre property is located between Highway 12 and County Road 15 and consists of the existing golf course (maintained turf, sand bunkers, etc.) and surrounding undeveloped wooded areas. The golf course runoff drains southward towards existing wetland P10, adjacent to the entrance and southern portion of the course property via a series of ponds, swales, area drains and pipes. Eventually outletting to Ferndale Marsh and Lake Minnetonka The golf course hydrology consists of depressions, man-made ponds, and wetlands which is collected by numerous area drains pipe that tie-into a mainline storm sewer network. The existing storm sewer network and course hydrology can be found in Appendix B – Existing Drainage Map. The storm network starts at pond P12. Pond P12 is outletted by a 6” PVC pipe. This pipe runs north and ultimately outlets into Wetland P2. Wetland P2 is outletted by a 10” DIP pipe that runs east along the north side of the course and club house before turning south where it outlets into existing Wetland P10. Soils Soil borings were not completed for this project. NRCS Web Soil Survey indicates the presence of soils composed primarily of silt loams, clay loams, and muck throughout the site, which has been confirmed by the golf course superintendent who is familiar with the grounds. For our stormwater modeling purposes, we have assumed a Hydrologic Soil Classification of C/D for existing and proposed conditions. See Appendix A: NRCS Custom Resource Report Proposed Site Conditions The proposed project will consist of minor grading and re-shaping of greens and tee-boxes, the reconstruction of surface and subsurface drainage, replacement of the trunkline storm sewer for course drainage, as well as the removal and limited reconstruction of the existing bituminous cart path. Grading work will not result in altered drainage patterns and the course runoff is proposed to be routed identically to the existing conditions. In addition, the goal of the proposed drainage infrastructure replacements is to reconstruct existing conditions, with minor exceptions to better mimic natural drainage and/or to increase maintainability. Ponds/wetlands P12, P2, P10, P1 see no disturbance besides the replacement of inlet/outlet pipes to these ponds/wetlands and remain the same from a drainage perspective. Furthermore, large scale drainage 140 Stormwater Narrative/Summary March 11, 2025 Woodhill CC – Course Renovation Project Wayzata, MN 3 | P a g e connections are maintained, with the large east pond complex (pond P12) continuing to route through Wetland P2 before continuing into the south wetland complex (pond P10). Ponds P14 and P15 currently do not have functioning outlets and are required to be pumped by golf course staff to lower water levels. P14 and P15 (WCA No-Loss) are proposed to be drained, filled with onsite soils and replaced with area drains and pipe that will connect into the trunkline storm sewer network. An outlet control structure with compound functioning weir is proposed to be installed to mitigate the loss of storage from P14 and P15. Reference Appendix F - Inundation and Rate Tables the proposed bounce and inundation for Wetland P2. We will be requesting a No-Loss Application to justify that the proposed work is within incidental wetlands and does not impact non-incidental wetlands. Pond P7/9 is proposed to be excavated and expanded from the existing condition to provide additional storage. An outlet control structure is also proposed to replace the existing 12” PVC outlet culvert that feeds into the pumphouse. The proposed drainage pattern can be seen in Appendix D - Proposed Drainage Map and the proposed HydroCAD report can be seen in Appendix E - Proposed HydroCAD Report. Stormwater Management The project proposes to reconstruct 0.55 acres of impervious surface (cart path) and remove 0.26 acres of impervious surface (cart path). As the project will result in less than 1.0 acre of reconstructed impervious, the Stormwater Management Rule does not apply. Please see Appendix F Inundation and Rate Tables for the inundation and bounce for Wetland P2 and the existing and proposed rates leaving the site. Waterbody Crossing and Structures The project proposes replacing the existing inlet and outlet pipe for Wetland P2 and the existing outlet pipe to Wetland P10. Since these pipes exist today and are simply being replaced at the same elevation, the Waterbody Crossing and Structures rule will not be triggered. Summary The proposed project meets MCWD/Orono & Wayzata requirements for grading and erosion control, stormwater management, as well as the waterbody crossing and structures. 141 957957958959950 94995 1952 956 957 958 940940 940950950 950950 950 950960960960960 960960960 960970970 970970970970970970970970 9 8 0980 9 8 0 980980 980980 980980980990 990990990990 99 0 990990 1000100010001000100010 0 0 1000 1000 1000 10101 0 1 0 101010101010 1020102 0 10201030 1030 932 934934934934934936936 936938938 938942942942942 942944944944944 944946 946948948 948 948952 952952 952 952 952954 954 954 954 954954956 956 956 956 956956958 958 958 958958962 962962962962962962 962 962962 964964964964964964964964964964 966966966966966966966966966966968968 968968968968968968968968972972 972 972972972972972972972972972974974974 974974 974974974974 974 974974 974974976 976976 976976976976 976 9 7 6976976976 978 978978 978978978 978978 978978 9829829 8 2982 982982982 982 984984984984984984984984986 986986986986986986 986986986988 988988988988 9 8 8 988988992 992992992992 992992 992 994994994994994994994 994 994 9969969969969 9 6996996 996 996 998998998998998 998 998 100210021002100 2 1002 10041004100410041004 10061006100610061006 10081008100810081008 10121012101210121012 101410141014 101610161016 1018101 8 1018 1022102 2 1022 1024102 4 1024 102610261026 1028 10281032103210341034 10361036 1036 1036 1038 1038 950950960960944944946946 948948 9529549569589609609609 6 0 970 970970 970 970 970 9 8 0 980980980954954956956958 958962 962962 962 962 9 6 2 962962 964 964964 964 96 4 9 6 4 964 964966 966966 966 966 966 966 966968 9689 6 8 968 968 968 972 972 972 972 97 2 972 974 974 9 7 4 974 976 976 9 7 6 976 97 8 978 9 7 8 978 97898 2 98298 4 984986 986988 988950960970980990 944946948952954956958962964966968 972974976978982984986988992994 960970980 990 990990 958962964966968972 974976978982984986988992994 CBMH 2 CBMH 3 CBMH 4 CBMH 5 CBMH 6 CBMH 7 FES 8 OCS 9 CBMH 10 CBMH 12 CBMH 13 STMH 14 STMH 15 FES 16 OCS-1 CBMH 10A CBMH 2A CBMH 5A SCALE:1 ORONO PROPOSED IMROVEMENTS 1"=150' PLOTTED:COMM. NO. DRAWING NO. 2/03/2025 17701 STORMWATER INFRASTRUCTURE IMPROVEMENTS 1 3 6 0 5 1 s t A v e n u e N . #1 0 0 P l y m o u t h , M N 5 5 4 4 1 | a e -m n .c o m P 7 6 3 .4 1 2 .4 0 0 0 | F 7 6 3 .4 1 2 .4 0 9 0 A n d e r s o n E n g i n e e r i n g o f M i n n e s o t a , L L C DRAWING TITLE CHECKED BY:DRAWN:DESIGNED: KS REVISION LOG DESCRIPTION OF REVISIONSNO.DATE WOODHILL COUNTRY CLUB 200 WOODHILL RD WAYZATA, MINNESOTA CONSTRUCTION DOCUMENTS PRINT NAME: SIGNATURE: I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. DATE:LICENSE NO. PAGE: OF 20 ATKS KEY MAP ORONO SITE PLAN CS100 LEGEND 1.UTILITIES SHOWN HERE ARE FOR INFORMATIONAL USE ONLY AND ARE NOT GUARANTEED IN THEIR ACCURACY. VERIFY WORK. NOTIFY ENGINEER OF ANY/ALL DISCREPANCIES IMMEDIATELY. 2.UTILITIES MUST BE LOCATED PRIOR TO EXCAVATION OR GRADING ON ANY SITE. CALL GOPHER STATE ONE CALL AT 1-800-252-1166 AS SOON AS POSSIBLE TO SCHEDULE UTILITY LOCATIONS FOR THIS SITE. 3.PROTECT ALL EXISTING IMPROVEMENT NOT NOTED FOR REMOVAL. CONTRACTOR TO REPAIR/REPLACE DAMAGES DUE TO THEIR WORK. 4.REFERENCE SHEET CP201 TO CP204 FOR STORM SEWER PROFILES. REFERENCE SHEET C500 & C501 FOR STORM SEWER CONSTRUCTION DETAILS GENERAL NOTES N 0 150'300' CONSTRUCTION LIMITS PROPOSED BITUMINOUS PAVEMENT PROPOSED GRAVEL PAVEMENT GRASS SEEDING AREAS SILT FENCE SEDIMENT CONTROL LOG PROPOSED STORM SEWER PIPE PROPOSED CONTOUR PROPOSED FLARED END SECTION PROPOSED CATCH BASIN/MANHOLE PROTECT INLET W/ SILT FENCE SEE DETAIL 1/C500 958 WAYZATA/ORONO BOUNDARY REPLACING EXISTING MAINLINE STORM SEWER POND IN-FILL MINOR EXCAVATION/CLEANING OUT OF EXISTING WELTAND INSTALLING NEW OCS INSTALLING NEW OCS INSTALLING NEW FES INSTALLING NEW FES TOTAL AREA OF DISTURBANCE: 4.92 ACRES VOLUME CALCULATIONS: CUT = 504 CY FILL = 3250 CY NET = 2746 CY INSTALLING NEW BIT CART PATH INSTALLING NEW BIT CART PATH REBUILD BUNKER REBUILD BUNKER REBUILD BUNKER REBUILD BUNKER REBUILD BUNKER REBUILD BUNKER REBUILD BUNKER REBUILD BUNKER REMOVE BUNKER REMOVE BUNKER REMOVE BUNKER REMOVE BUNKER BUILD NEW BUNKER BUILD NEW BUNKER REBUILD BUNKER ENLARGE GREEN ENLARGE GREEN REBUILD GREEN ENLARGE GREEN RESTORE TEE BUILD NEW TEE EXPAND TEE SURFACE LOWER & EXPAND TEE 142 Exhibit C – Aerial Imagery of 200 Woodhill Rd, Orono Black Line = Pertinent City Boundary; Orono West of line, Wayzata East of line Blue Line = Woodhill Country Club Property Boundary Green Shading = City of Orono portion of Country Club Red Shading = City of Wayzata portion of Country Club 143 144 Hennepin County Locate & Notify Map 200 Woodhill 0 770 1,540385 Feet Date: 3/25/2025 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 145 38 02-117-23 11 0003 B N & SANTA FE RR CO PROPERTY TAX DEPT PO BOX 961089 FORT WORTH TX 76161 38 02-117-23 12 0001 WOODHILL COUNTRY CLUB 200 WOODHILL RD WAYZATA MN 55391 38 02-117-23 13 0003 THOMAS RASSIEUR BARBARA STEINER 1050 EDGEWOOD HILLS RD WAYZATA MN 55391 38 02-117-23 13 0007 WOODHILL COUNTRY CLUB 200 WOODHILL RD WAYZATA MN 55391 38 02-117-23 13 0008 WILLIAM & NADINE MCGUIRE 315 WOODHILL RD WAYZATA MN 55391 38 02-117-23 13 0009 GINA J PAULUCCI 320 WOODHILL RD WAYZATA MN 55391 38 02-117-23 14 0001 ROBERT A BJORK/BETH J BJORK 965 EDGEWOOD HILLS RD WAYZATA MN 55391 38 02-117-23 21 0001 STEVEN A/CAROLINE W MELBERG 1290 LYMAN AVE WAYZATA MN 55391 38 02-117-23 21 0005 WILLIAM J PAUL HOUSTON 1235 LYMAN AVE S WAYZATA MN 55391 38 02-117-23 21 0006 WILLIAM J PAUL HOUSTON 1235 LYMAN AVE S WAYZATA MN 55391 38 02-117-23 21 0007 MATTHEW PETERSON 1230 WOODHILL AVE ORONO MN 55391 38 02-117-23 21 0009 GORDON F STOFER III ADELAIDA K STOFER 190 ORONO ORCHARD RD S WAYZATA MN 55391 38 02-117-23 21 0010 MARSHA & JOSEPH ROKKE 180 ORONO ORCHARD RD WAYZATA MN 55391 38 02-117-23 21 0027 HOWARD & ELIZABETH MCMILLAN 1275 LYMAN AVE WAYZATA MN 55391 38 02-117-23 21 0028 SUAIMHNEAS LLC C/O DOUGHERTY TRUST CO 212 SOUTH MAIN AVE STE 152 SIOUX FALLS SD 57104 38 02-117-23 21 0029 MATTHEW N & MARY K NICOLL 160 SMITH AVE WAYZATA MN 55391 38 02-117-23 21 0030 MATTHEW PETERSON 1230 WOODHILL AVE ORONO MN 55391 38 02-117-23 21 0034 G MARC WHITEHEAD 305 W FULLERTON PKWY CHICAGO IL 60614 38 02-117-23 21 0035 G MARC WHITEHEAD 305 W FULLERTON PKWY CHICAGO IL 60614 38 02-117-23 21 0036 G MARC WHITEHEAD 305 W FULLERTON PKWY CHICAGO IL 60614 38 02-117-23 24 0008 WILLIAM W MCGUIRE 315 WOODHILL RD WAYZATA MN 55391 38 02-117-23 24 0009 WILLIAM W MCGUIRE 315 WOODHILL AVE WAYZATA MN 55391 38 02-117-23 24 0010 WILLIAM W & NADINE M MCGUIRE 315 WOODHILL RD WAYZATA MN 55391 38 02-117-23 24 0011 W W MCGUIRE & N M MCGUIRE 315 WOODHILL RD WAYZATA MN 55391 38 02-117-23 24 0012 WILLIAM & NADINE MCGUIRE 315 WOODHILL RD WAYZATA MN 55391 38 02-117-23 24 0013 W W MCGUIRE & N M MCGUIRE 1255 WOODHILL AVE WAYZATA MN 55391 38 02-117-23 31 0003 WILLIAM MCGUIRE NADINE M MCGUIRE 315 WOODHILL RD WAYZATA MN 55391 38 02-117-23 41 0002 MARY JEANNE V BOWEN TRSTEE P O BOX 201 BENSON MN 56215 38 02-117-23 41 0003 KATHARINE K JACKSON 1045 EDGEWOOD HILL RD WAYZATA MN 55391 38 02-117-23 42 0001 TIMOTHY W KNUTSON 538 RUSSELL AVE WAYZATA MN 55391 146 38 02-117-23 42 0002 KATHARINE K JACKSON 1045 EDGEWOOD HILL RD WAYZATA MN 55391 38 02-117-23 42 0003 C F PETER ROSENBERG 450 WOODHILL RD WAYZATA MN 55391 38 02-117-23 42 0004 CUSTOM ONE HOMES LLC 5097 WOODLAND ALCOVE WOODBURY MN 55129 38 02-117-23 42 0006 NATURE CONSERVANCY 1101 RIVER PKWY W STE 200 MINNEAPOLIS MN 55415 38 02-117-23 42 0011 CITY OF ORONO P O BOX 66 CRYSTAL BAY MN 55323 38 02-117-23 42 0012 WOODHILL COUNTRY CLUB 200 WOODHILL RD WAYZATA MN 55391 38 02-117-23 42 0013 HENNEPIN COUNTY REGIONAL RAILROAD AUTHORITY 300 S 6TH STREET MC679B MINNEAPOLIS MN 55487 38 02-117-23 43 0007 GRIFFIN ALEXANDER DOOLING 1080 FERNDALE RD W ORONO MN 55391 38 02-117-23 43 0026 ROBERT BROOK & SHARON QUINN 1165 FERNDALE RD W WAYZATA MN 55391 38 02-117-23 44 0028 NATURE CONSERVANCY 1101 RIVER PKWY W STE 200 MINNEAPOLIS MN 55415 38 35-118-23 34 0014 MARTHA BENNETT & CORY HERTLE 1280 LYMAN AVE WAYZATA MN 55391 38 35-118-23 34 0015 ALLISON K K B BROWN JARED J BROWN 1250 LYMAN AVE WAYZATA MN 55391 38 35-118-23 34 0016 SEAN C BENSON & ALISA BENSON 1220 LYMAN AVE WAYZATA MN 55391 38 35-118-23 43 0024 RICHARD R & LISA K GIBSON 1200 LYMAN AVE WAYZATA MN 55391 38 35-118-23 43 0026 B N & SANTA FE RR CO PROPERTY TAX DEPT PO BOX 961089 FORT WORTH TX 76161 38 35-118-23 43 0028 ASHLEY J STOESZ SHELLY K STOESZ 1170 LYMAN AVE WAYZATA MN 55391 38 35-118-23 43 0029 KATHRYN LOUISE EGAN WILLIAM J EGAN 12915 54TH AVE N MINNEAPOLIS MN 55442 38 35-118-23 43 0030 CITY OF ORONO P O BOX 66 CRYSTAL BAY MN 55323 38 35-118-23 43 0034 BRIAN E & JULIA M PALMER 1190 LYMAN AVE WAYZATA MN 55391 38 35-118-23 44 0006 HENNEPIN FORFEITED LAND 2248-AO SEALED BID AUCTION SEPTEMBER 20 2024 38 35-118-23 44 0011 ENGELSMA LIMITED PARTNERSHIP C/O KRAUS-ANDERSON REALTY CO 525 S 8TH ST MINNEAPOLIS MN 55404 99 01-117-23 22 0003 MN DEPT OF TRANSPORATION METRO RIGHT OF WAY 1500 W CO RD B2 ROSEVILLE MN 55113 99 01-117-23 23 0001 WOODHILL COUNTRY CLUB 200 WOODHILL RD WAYZATA MN 55391 99 01-117-23 23 0002 WOODHILL COUNTRY CLUB 200 WOODHILL RD WAYZATA MN 55391 99 01-117-23 24 0003 HENNEPIN COUNTY REGIONAL RAILROAD AUTHORITY 300 S 6TH STREET MC679B MINNEAPOLIS MN 55487 99 01-117-23 24 0004 B N & SANTA FE RR CO PROPERTY TAX DEPT PO BOX 961089 FORT WORTH TX 76161 99 01-117-23 32 0001 WOODHILL COUNTRY CLUB 200 WOODHILL RD WAYZATA MN 55391 99 01-117-23 32 0002 WOODHILL COUNTRY CLUB 200 WOODHILL RD WAYZATA MN 55391 99 01-117-23 32 0007 LAUREN S LINDELOF 502 SHORELINE DR WAYZATA MN 55391 99 01-117-23 32 0008 KENNETH R & KARIN JO MUNROE 699 HILLSIDE DR W WAYZATA MN 55391 147 99 01-117-23 32 0014 SCOTT HARRIS & ANDREA HARRIS 688 HILLSIDE DR W WAYZATA MN 55391 99 01-117-23 32 0020 LORI PETERSON 700 HILLSIDE DR W WAYZATA MN 55391 99 02-117-23 11 0001 WOODHILL COUNTRY CLUB 200 WOODHILL RD WAYZATA MN 55391 99 02-117-23 11 0004 MN DEPT OF TRANSPORATION METRO RIGHT OF WAY 1500 W CO RD B2 ROSEVILLE MN 55113 99 02-117-23 41 0010 NATURE CONSERVANCY 1101 RIVER PKWY W STE 200 MINNEAPOLIS MN 55415 99 02-117-23 41 0011 LORI PETERSON 700 HILLSIDE DR W WAYZATA MN 55391 99 02-117-23 41 0012 LORI PETERSON 700 HILLSIDE DR W WAYZATA MN 55391 99 35-118-23 44 0008 CITY OF WAYZATA 510 WAYZATA BLVD W WAYZATA MN 55391 148 1 Matthew Karney From:janie janieinc.com <janie@janieinc.com> Sent:Monday, April 21, 2025 8:30 AM To:Matthew Karney; Chris Bollis; Jon Ressler; Thomas Brandabur; Andrew Jarnot; Kelly Prchal; Sam Tift; Shane Weltzin Cc:janie janieinc.com Subject:Comments Item Item 6.4 - April 21, 2025 - Planning Commission Categories:Pubcoms RE: AGENDA ITEM Title: LA25-000013, Anderson Engineering, 200 Woodhill Road, Interim Use Presenter: Matt Karney, Planner Section: Public Hearings To: City Planner Matt Karney and Planning Commission Members I cannot attend tonight’s meeting. Please clarify and consider construction details and traffic related to this project. What disruption will there to be to the surrounding neighborhoods? I live on Woodhill Avenue and concerned about contractor traffic using the one-way in only back entrance to the club off of Woodhill Avenue. The cover letter states: Delivery frequency will vary by work stage. There will be no material hauling off site. Expect up to 20 contractor vehicles daily. Please verify that the contractors will be entering and exiting through the County Road 15 main entrance and not using the restricted one-way back entrance to the club off of Woodhill Avenue. Also, please verify that heavy equipment being brought in for the renovation will be brought in using the main entrance. The back entrance does not allow for any truck or commercial traffic. The cover letter does not address bringing equipment into the site. I Also, will the club be closed during the construction period of July 8 to November 30, 2025? Please include my questions and comments in the packet. Thank you in advance for your consideration. Janie Delaney ––––––––––––––– 612-990-3836 janie@janieinc.com Date: April 21, 2025 Item: 7.1 Presenter: Matt Karney, Planner Section: New Business Title: LA25-000014, Revisions to City Code regarding the Keeping of Animals in Residential Districts (Matthew Karney) 1.Purpose: Discuss potential revisions to the City Code regarding Animals. 2.Background: On February 18, 2025, the Planning Commission reviewed a Conditional Use Permit application, LA24-000066, for the keeping of farm animals (pigeons) on a property within the LR-1A zoning district. In their recommendation to the City Council, Planning Commission included a motion to research standards and language for potential text amendments regarding the keeping of animals in residential districts. Additional information is provided in the Staff report (Exhibit A) to facilitate a discussion regarding the pertinent City Codes: Chapter 62: Animals and Chapter 78: Zoning Regulations. 3.Staff Recommendation: Staff recommends reviewing the following questions to discuss during the Planning Commission meeting: Should the keeping of animals and/or farm animals be permissive or prohibitive? (Permissive means that an animal not specifically identified is prohibited; Prohibitive means animals are allowed except for clearly specified prohibited animals.) Should the keeping of animals be regulated differently (accessory use versus conditional use) depending on the zoning district, property size, or proximity to a lake or public water? Should the conditional use standards for the keeping of farm animals in lakeshore residential zoning be reconsidered? Should the accessory uses be expanded to include the keeping of household or domesticated animals? Redefine? In reviewing the code sections from the selected Minnesota communities in Exhibits C-G, are there any definitions, processes, evaluations, etc. that should be considered when revising the Orono City Code regarding animals? 4.Planning Commission Action Requested: Review the information and provide guidance to Staff for next steps. AGENDA ITEM Exhibits Exhibit A - Staff Memo Exhibit B - State Animal Units Exhibit C - Bloomington Animal Code Exhibit D - Champlin Animals Chapter 149 Exhibit E - Excelsior Animals Chapter Exhibit F - Rochester Animals Title Exhibit G - Willmar Animals Chapter 150 To: Chair Bollis and Planning Commission Members Adam Edwards, City Administrator From: Matthew Karney, Planner Date: 21 April 2025 Subject: LA25-000014, Revisions to City Code regarding the Keeping of Animals in Residential Districts Background On February 18, 2025, the Planning Commission reviewed a Conditional Use Permit (CUP) application, LA24-000066, for the keeping of farm animals (pigeons) on a property within the LR-1A zoning district. In their recommendation to the City Council, Planning Commission included a motion to research standards and language for potential text amendments regarding the keeping of animals in residential districts. Within this report Staff will provide additional information to facilitate a discussion regarding the pertinent City Codes: Chapter 62: Animals and Chapter 78: Zoning Regulations. Orono City Code Definitions: Animals and Farm Animals: The use of the terms: “animal”, “farm animal”, and “domestic animal” throughout the Code are inconsistent, and are often used interchangeably, making the regulations unclear. Chapter 62, Section 62-1 Definitions: Animals are defined as “farm animals and all other animals, reptiles and feathered birds or fowl except dogs, domestic cats, gerbils, hamsters and caged household birds”. Farm Animals are defined as “cattle, horses, mules, sheep, goats, swine, ponies, ducks, geese, turkeys, chickens, guinea hens and honeybees”. Chapter 78, Section 78-1 Definitions: Agriculture means the utilization of land by raising plants, trees or shrubs or the raising of domestic animals or fowl, or both, for the purposes of selling to secure a profit. Animal unit means, for one animal unit equivalency, one cow or steer; one horse, donkey alpaca, or llama; two pigs, three sheep or goats; or 25 fowl. Farm animals means cattle, horses, mules, sheep, goats, llamas, alpacas, swine, ponies, ducks, geese, turkeys, chickens or guinea hens. Animals as a Land Use The district regulations within Chapter 78 specify which zoning districts allow farm animals as an accessory or conditional use. Rural Residential districts (RR-1A andRR-1B) allow farm animals as accessory uses; and within the Lakeshore Residential districts (LR-1A, LR-1B, LR-1C, and LR-1C-1) farm animals are allowed as a conditional use. Within the RS- Seasonal Recreation district (Big Island and Deering Island) the keeping of “domestic animals” is allowed conditionally. Application Summary: Discuss potential revisions to the City Code regarding Animals. Staff Recommendation: Review the information and provide guidance to Staff for next steps. 151 Animals Discussion 21 April 2025 Page 2 of 3 Keeping of Animals as a Residential or Commercial Use During the review of LA24-000066, the Planning Commission discussed whether or not the breeding, raising, and training of pigeons should be considered a hobby or a commercial endeavor. Chapter 62 outlines the licensing requirements for dogs; places limitations on the number of dogs or cats permitted on a residential property; and defines and regulates kennels (commercial and residential). The terminology used and regulations within this Chapter are inconsistent. Only commercial kennels for dogs is contemplated, and kennel licenses are required for commercial and residential kennels. Farm animals, as addressed within the Zoning chapter, are to be kept for noncommercial purposes. Staff identified inconsistences between certain terms within the City Code. As noted above, the definition of animals within Chapter 62 specifically excludes cats and dogs; however, Article 3 (beginning with Section 62-101) entitled “Dogs and Cats” appears to be a standalone article on dogs, interchanging the terms dogs and animals. Animal Units – Defining the Number of Animals Allowed The Zoning code uses the term animal unit to define how many of a specified farm animal can be kept on a property. The term “animal unit” used in the City’s Zoning regulations is based loosely on the State regulations (MN §116.06 and MN Rule 7020.0300) which define an Animal Unit by the weight of the animal and the amount of waste it produces (using a specific multiplication factor to adjust for different animals). According to the State, an animal unit is a “unit of measure used to compare differences in the production of animal manure that employs as a standard the amount of manure produced on a regular basis by a slaughter steer or heifer for an animal feedlot or manure storage area calculated by multiplying the number of animals of each type…” (see Exhibit B for the State’s full animal unit list). The current definition of “animal unit” does not contemplate every animal. Should the list of animals be expanded? There should be a clear standard in the Code to identify how many “animals” are permitted on a specific property. This number could be defined by the property’s size, the zoning district, and/or the type of animal, or another standard yet to be considered. Research of Other Cities Staff reviewed several other cities for animal regulations, and have highlighted five (5) communities in Minnesota to focus in on for the discussion of Orono’s Animals Chapter. Of note, regulations regarding animals are addressed by city codes opposed to zoning codes. The definitions of animals vary, but most of the researched cities approach a simplistic definition like Bloomington; “ANIMAL. Every non-human species of animal, including domestic, farm and wild”, but others like Excelsior, do not have a blanket definition of animals, and instead define domestic, farm and nondomestic animals individually. Some noteworthy regulations that can be found within the five (5) animal codes: • Champlin, Rochester, and Willmar all provide regulations for pigeons. • Bloomington and Champlin provide a number of animal definitions by genus and/or species. • Like Orono, Excelsior provides a broad definition of permitted domesticated animals. • Bloomington and Rochester define wild animals Champlin define prohibited animals, and Excelsior defines non-domestic animals as a prohibitive measure. • Willmar provides a definition of animals with a list of exclusions that regulate allowed animals. • Bloomington’s chapter also refers to domestic animals as pets. 152 Animals Discussion 21 April 2025 Page 3 of 3 Discussion Questions 1) Should the keeping of animals and/or farm animals be permissive or prohibitive? a) Permissive means that an animal not specifically identified is prohibited; Prohibitive means animals are allowed except for clearly specified prohibited animals. 2) Should the keeping of animals be regulated differently (accessory use versus conditional use) depending on the zoning district, property size, or proximity to a lake or public water? 3) Should the accessory uses be expanded to include the keeping of household or domesticated animals? Redefine? 4) In reviewing the code sections from the selected Minnesota communities in Exhibits C-G, are there any definitions, processes, evaluations, etc. that should be considered when revising the Orono City Code regarding animals? 5) Should the conditional use standards for the keeping of farm animals in lakeshore residential zoning be reconsidered? Planning Commission Action Discuss the identified questions and provide direction to staff for next steps. List of Exhibits Exhibit A. Staff Memo Exhibit B. State Definition of Animal Units Exhibit C. City of Bloomington Animal Code Exhibit D. City of Champlin Animals Chapter Exhibit E. City of Excelsior Animals Chapter Exhibit F. City of Rochester Animals Title Exhibit G. City of Willmar Animals Chapter 153 Exhibit B Minnesota Statutes 116.06 DEFINITIONS § Subd. 4a. Animal unit. "Animal unit" means a unit of measure used to compare differences in the production of animal manure that employs as a standard the amount of manure produced on a regular basis by a slaughter steer or heifer for an animal feedlot or manure storage area calculated by multiplying the number of animals of each type in clauses (1) to (9) by the respective multiplication factor and summing the resulting values for the total number of animal units. For purposes of this chapter, the following multiplication factors apply: 1) one mature dairy cow, whether milked or dry: (i) over 1,000 pounds, 1.4 animal units; or (ii) under 1,000 pounds, 1.0 animal unit; 2) one cow and calf pair, 1.2 units; 3) one calf, 0.2 unit; 4) one slaughter steer, 1.0 animal unit; 5) head of feeder cattle or heifer, 0.7 unit; 6) one head of swine: (i) over 300 pounds, 0.4 animal unit; (ii) between 55 pounds and 300 pounds, 0.3 animal unit; and (iii) under 55 pounds, 0.05 animal unit; 7) one horse, 1.0 animal unit; 8) one sheep or lamb, 0.1 animal unit; 9) one chicken: (i) one laying hen or broiler, if the facility has a liquid manure system, 0.033 animal unit; or (ii) one chicken if the facility has a dry manure system: (A) over five pounds, 0.005 animal unit; or (B) under five pounds, 0.003 animal unit; 10) one turkey: (i) over five pounds, 0.018 animal unit; or (ii) under five pounds, 0.005 animal unit; 11) one duck, 0.01 animal unit; and 12) for animals not listed in clauses (1) to (8), the number of animal units is the average weight of the animal in pounds divided by 1,000 pounds. 154 ARTICLE IV: ANIMAL CODE DIVISION A: GENERAL PROVISIONS § 12.90 FINDINGS AND PURPOSE. This Article IV is enacted to establish standards for the regulation of domestic, farm and wild animals in the city to protect the health, safety and general welfare of the public. The principle objectives of this Article IV of city code are: (a) To prevent nuisance conditions associated with the keeping of animals; (b) To prevent the inhumane or cruel treatment of animals; (c) To enact regulations governing potentially dangerous animals , dangerous animals and animal enclosures ; (d) To prescribe city animal shelter procedures and to provide for animal enforcement procedures; (e) To control the spread of rabies in the community and to protect the general public from animals that pose a risk of rabies infection; (f) To preserve a balance of wild animals and birds and prevent the unselective catching, maiming and destruction of wild animals , birds and domestic animals that come in contact with traps ; (g) To prescribe uniform procedures relating to the impoundment of animals found to be in violation of state law and city code; (h) To prohibit the keeping of wild animals as pets in an urban setting in an effort to prevent the risk of harm to the general public; (i) To prevent nuisance conditions associated with the feeding of wild animals , specifically disruption to their natural feeding habits, their concentration at artificial feeding centers making them more susceptible to disease transmission, the attraction of predators and the accumulation of feces in and around the area of artificial feeding; and (j) To prescribe standards for the keeping of domestic animals , chickens, farm poultry and farm animals to avoid nuisance conditions, disease transmission and property blight. (Ord. 2010-28, passed 11-1-2010) § 12.91 DEFINITIONS. The following words and terms, when used in this Article IV, shall have the following meanings unless the context clearly indicates otherwise. ANIMAL. Every non-human species of animal, including domestic, farm and wild. ANIMAL CONTROL AUTHORITY. The Bloomington Police Department having oversight and control over the city’s animal control officers or designee. ANIMAL CONTROL OFFICER. An officer employed by or under contract with the city who is responsible for animal control enforcement. ANIMAL REQUIRING A LICENSE. A dog, cat or ferret that is three months or older. APIARY. The assembly of one or more colonies of bees at a single location. AQUARIUM. A building or institution in which aquatic animals are kept for commercial exhibition or display. AT LARGE. An animal is AT LARGE when it is off the premises owned or occupied by its owner and is not accompanied or under restraint of the owner , or other competent person , as defined in this section. BEEHIVE. A receptacle inhabited by a colony that is manufactured for the purpose of housing bees . BEEKEEPER. A person who owns or has charge of one or more colonies of bees . BEES. Flying insects domestically raised by beekeepers for their production of honey and beeswax or their beneficial pollination activities. CITY ANIMAL SHELTER. Any premises designated by the city for the purposes of impounding and caring for all animals held under authority of this Article IV. CLEAN. The absence of dirt, grease, rubbish, garbage, animal and bodily excretions, and other offensive, unsightly or extraneous matter. COLONY. An aggregate of bees consisting principally of workers, but typically having one queen and at times drones, brood, combs, and honey. COMMERCIAL ANIMAL ESTABLISHMENT. Any business that breeds, raises, sells, boards, distributes or exhibits animals for entertainment or educational purposes including, but not limited to, kennels, aquariums , pet shops , petting zoos, riding schools or stables , zoological parks , or performing animal exhibitions as licensed under § 14.94. 155 COMPENDIUM OF ANIMAL RABIES CONTROL (“COMPENDIUM”). The Compendium of Animal Rabies Control prepared by the National Association of State Public Health Veterinarians and provided by the Minnesota Board of Animal Health. COOP. A type of shelter for farm poultry. CRUELTY. Every act, omission or neglect which causes or permits unnecessary or unjustifiable pain, suffering or death. CUSTODIAN. A person , firm, corporation, organization or department possessing, harboring, keeping, having an interest in or having care, custody or control of an animal, provided that the animals are kept only temporarily on the premises and are owned by others. DANGEROUS ANIMAL. An animal that has: (a) Without provocation , inflicted substantial bodily harm on a human being on public or private property; (b) Killed a domestic animal without provocation while off the owner’s property; or (c) Been found to be potentially dangerous , and after the owner has notice that the animal is potentially dangerous , the animal aggressively bites, attacks or endangers the safety of humans or domestic animals . DAYLIGHT HOURS. That period of the day from one-half hour before sunrise until one-half hour after sunset. DOMESTIC ANIMAL. Any of the various non-venomous animals domesticated so as to live and breed in a tame condition and commonly accepted as household pets. DOMESTIC ANIMALS do not include any animals considered to be farm poultry, farm animals or wild animals as defined in this Article IV. DOMESTIC ANIMALS may also be known as pets. DOMESTIC ANIMALS are limited to: (a) DOGS. Any animal in whole (excluding hi-breds with wolves, coyotes or jackals) of the species Canis familiarus, which are required to be properly vaccinated against rabies pursuant to law; (b) CATS. Any animal in whole (excluding hi-breds with ocelots or margays) of the species Felis catus, which are required to be properly vaccinated against rabies pursuant to law; (c) FERRETS. Any animal of the species Mustela putorius furo, which are required by this city code to be spayed or neutered, and are required to be properly vaccinated against rabies pursuant to this city code; (d) BIRDS. Any of the class of Aves (birds) that are caged and otherwise kept inside the residence, excluding all farm poultry; (e) RABBITS. Any animal of the order Lagomorpha that are caged and kept inside or in an outdoor hutch near the dwelling or garage; (f) RODENTS. Any of the order Rodentia such as mice, rats, gerbils, hamsters, chinchillas and guinea pigs that are caged and otherwise kept inside the residence; and (g) REPTILES. Any of the class Reptilia such as snakes less than six feet in length, lizards and turtles that are caged and otherwise kept inside the residence; (h) AMPHIBIANS. Any of the class of Amphibia such as salamanders, frogs and toads that are caged and otherwise kept inside the residence; (i) HEDGEHOGS. Any of the order of Erinaceomorpha such as hedgehogs and moon rats that are caged and otherwise kept inside the residence; (j) SUGAR GLIDERS. Any animal of the species Petaurus breviceps that are caged and otherwise kept inside the residence; and (k) FISH. All varieties commonly raised as pets in tanks inside or in decorative outdoor ponds at homes or commercial businesses unless specifically prohibited by state or federal law; ENCLOSURE. A fenced area or run where animals are confined outdoors. ENCLOSURE FOR A DANGEROUS ANIMAL. Securely confined space indoors or a securely enclosed and locked pen or structure suitable to prevent the animal from escaping and providing protection from the elements for the animal. An ENCLOSURE FOR A DANGEROUS ANIMAL does not include a porch, patio or any parts of a house, garage or other structure that would allow the animal to exit of its own volition, or any house or structure in which windows are open or in which door or window screens are the only obstacles that prevent the animal from escaping. FARM ANIMAL. Any of the various species of animals domesticated as to live and breed in a tame condition and kept for agricultural purposes such as, but not limited to, horses, cattle, goats, sheep, llamas, potbellied pigs, and pigs. FARM ANIMALS do not include any animal considered to be farm poultry , bees , domestic or wild animals as defined in this Article IV. FARM POULTRY. Any of the various species of domesticated poultry as to live and breed in a tame condition and kept for agricultural purposes such as, but not limited to, chickens, ducks, geese, turkeys, pigeons, swans and doves. FARM POULTRY does not include any animal considered to be domestic animals , farm animals or wild animals as defined in this 156 Article IV. GOOD REPAIR. Free of corrosion, breaks, cracks, chips, pitting, excessive wear and tear, leaks, obstructions and similar defects so as to constitute a good and sound condition. GREAT BODILY HARM. Bodily injury which creates a high probability of death, or which causes serious permanent disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily member or organ, or other serious bodily harm. HEALTH AUTHORITY. The City of Bloomington Environmental Health Division or designee. HEARING OFFICER. An impartial person retained by the city to conduct the hearings prescribed in this Article IV. ISSUING AUTHORITY. The City of Bloomington License Section or designee. OWN. To keep, harbor or have control, charge or custody of an animal. This term shall not apply to animals owned by others which are temporarily maintained on the premises of a veterinarian or other pet services facility operator. OWNER. Any person owning, possessing, keeping, harboring or having an interest in or having care, custody or control of an animal, excluding veterinarians or pet services facility operators temporarily maintaining an animal on their premises where the animal is owned by another. OTHER ANIMAL KEPT AS A PET. An animal other than a dog, cat or ferret for which a rabies vaccine is licensed for the species by the United States Department of Agriculture. An animal that is deemed a prohibited wild animal pursuant to Division E of this Article IV shall not be kept as a pet even though a rabies vaccine is licensed for the animal and such an animal shall not be included in the definition of OTHER ANIMAL KEPT AS A PET. PERFORMING ANIMAL EXHIBITION. Any commercial spectacle, display, act or event in which performing animals are used. PERSON. One or more natural persons, a partnership, including a limited partnership, a corporation, including a foreign, domestic or nonprofit corporation, a trust or any other business organization. PET. See DOMESTIC ANIMAL. PET SERVICES FACILITY. A business establishment that provides any of the following services or retail activity either individually or in combination, for pets and domestic animals: sales, animal sales, veterinary care, animal hospital, short- term daily care, training classes, boarding and grooming. PET SHOP. Any person , whether operated separately or in connection with another business enterprise, that buys, exhibits or sells any species of domestic animal. PICKET. To secure an animal by means of a chain or metallic cable to a fixed object, thereby confining the animal to a specified area. POTENTIALLY DANGEROUS ANIMAL. Any animal that: (1) When unprovoked, inflicts bites on a human or domestic animal on public or private property; (2) When unprovoked, chases or approaches a person , including a person on a bicycle, upon the streets, sidewalks or any public or private property, other than the dog owner’s property, in an apparent attitude of attack; or (3) Has a known propensity, tendency or disposition to attack unprovoked, causing injury or otherwise threatening the safety of humans or domestic animals . PROVOCATION. An act that an adult could reasonably expect may cause an animal to attack or bite. RABID ANIMAL. An animal showing signs associated with rabies that are observed and reported by a veterinarian , or an animal diagnosed as positive for rabies by a recognized laboratory, or both. Any skunk, wolf, wolf hybrid, civet cat, raccoon, opossum, bat or fox that bites a dog or cat shall be deemed to be a rabid animal for the purposes of this Article IV. RABIES CONTROL AUTHORITY. The Bloomington Police Department having oversight and control over the city’s animal control officers or designee. RABIES SUSPECT. Any animal which is considered as a potentially rabid animal under guidelines of the United States Centers for Disease Control and Prevention and the Minnesota Department of Health, which has bitten any person and caused an abrasion of the skin of such person or has otherwise exposed that person to its saliva through an open wound or mucous membrane. REGULAR BUSINESS DAY. A day during which the city animal shelter is open to the public for not less than four consecutive hours between the hours of 8:00 a.m. and 7:00 p.m. RIDING SCHOOL OR STABLE. Any place that has available for hire, boarding and/or riding instruction, any horse, pony, donkey, mule, llama or burro; or any place that regularly buys, sells or trains the above animals, including a trotting track or rodeo. SHELTER. A structure, stable , barn or coop designed to provide shelter from weather and safety for animals. 157 SUBSTANTIAL BODILY HARM. Bodily injury which involves a temporary or permanent but substantial disfigurement, or which causes temporary or permanent but substantial loss or impairment of the function of any bodily member or organ, or which causes a fracture of any bodily member. TRAP. Any mechanical device, snare, artificial light, net, bird line, ferret, hawk, vehicle or any contrivance whatever. TRAPPING. The setting or laying or otherwise using of a trap anywhere in the city to catch, snare or otherwise restrain free movement of mammals, fish or birds. UNDER RESTRAINT. An animal is UNDER RESTRAINT if: (1) The animal is within a secure vehicle; (2) The animal is within a secure fence or building within the owner’s property limits; (3) The animal is picketed in accordance with this Article IV of the city code; (4) The animal is controlled by a leash, provided that when persons or other animals are within 20 feet of the animal the leash is shortened to six feet; or (5) The animal: (A) Is within the owner’s property limits, or is involved in a scheduled animal show or obedience demonstration or trial, is legally involved in hunting or retrieving game animals, or is within the boundaries of a city park or other city-owned property designated and posted by the Manager of Parks and Recreation as an off-leash site specifically designed for that type of animal; and (B) Is controlled by a competent person and is immediately obedient to that person’s command. VACCINATION AGAINST RABIES. The inoculation of a dog, cat or other animal kept as a pet with a rabies vaccine licensed for that species by the United States Department of Agriculture and administered in accordance with recommendations listed in the most current Compendium of Animal Rabies Control . The VACCINATION must be performed by or under the supervision of a veterinarian . VETERINARIAN. A veterinarian licensed in the State of Minnesota or another state of the United States. VETERINARY HOSPITAL. Any establishment maintained or operated by a licensed veterinarian for surgery, diagnosis and treatment of diseases and injuries of animals. WILD ANIMAL. Every non-human species of the animal kingdom, including those born or raised in captivity, except the following: (1) Animals defined in this section as domestic animals or pets ; (2) Animals defined in this section as farm animals or farm poultry ; and (3) Song birds or other wild species of birds other than turkeys, ducks and geese, that may be fed from feeders five feet off of the ground for application of § 12.122 only. ZOOLOGICAL PARK. Any permanent facility operated by a person , partnership, corporation or government agency, other than a pet shop , commercial animal establishment or pet services facility , displaying or exhibiting one or more species of animals. (Ord. 2010-28, passed 11-1-2010; Ord. 2015-18, passed 6-22-2015; Ord. 2017-38, passed 11-6-2017) § 12.92 ADOPTED BY REFERENCE. For the purpose of prescribing regulations governing the keeping of animals, the city hereby adopts the following rules and statutes, as they may be amended or recodified from time to time: (a) M.S. §§ 343.20 to 343.40 for prevention of cruelty to animals; (b) M.S. Chapter 346 regarding stray and companion animals; (c) M.S. § 346.57 regarding dog, cat or ferrets in motor vehicles; (d) M.S. Chapter 347 regarding cats and dogs; (e) M.S. §§ 347.51, 347.515 and 347.52 regarding dangerous dogs; and (f) M.S. §§ 609.226 and 609.227 regarding assault by dog. (Ord. 2010-28, passed 11-1-2010) § 12.93 CRUELTY TO ANIMALS. (a) Cruelty to animals, as defined by state statute as may be amended from time to time or this city code, is prohibited. (b) No person shall sponsor, promote, train an animal to participate in, or contribute to the involvement of an animal in any activity or event in which any animal is a victim of cruelty as defined herein or is induced or encouraged to perform 158 through the use of chemical, mechanical, electrical or manual devices in a manner that will cause or is likely to cause physical injury or suffering to the animal. (c) All equipment used on a performing animal shall fit properly and be in good working condition. (Ord. 2010-28, passed 11-1-2010) § 12.94 DUTIES OF OFFICERS IN INVESTIGATING CRUELTY COMPLAINTS. (a) Investigation authority. Animal control officers or licensed peace officers are hereby empowered and authorized to make inspections and conduct investigations of alleged violations of this Division A and state law regarding cruelty to animals. (b) Duty of animal control officers regarding exposure of animals. Pursuant to M.S. § 343.29, as it may be amended from time to time, the animal control officer or licensed peace officer may remove, shelter and care for any animal which: (1) Is not properly sheltered from the cold, hot or inclement weather; (2) Is not properly fed or watered, or provided with suitable food and drink; or (3) Is observed in circumstances where the animal’s safety or life is threatened. (c) Process for removal of animals in cruelty investigations. When necessary, the animal control officer or licensed peace officer may deliver the animal to another person to be sheltered and cared for, and furnished with suitable food and drink. In all cases, the owner , if known, shall be immediately notified pursuant to state law, and the person having possession of the animal shall have a lien thereon for its actual costs of care and keeping. If the owner or custodian is not known and cannot by reasonable effort be ascertained or does not, within ten days after notice, redeem the animal by paying the expenses authorized by state law, the animal may be treated as a stray under state law. Upon a proper determination by a veterinarian , any animal taken into custody pursuant to state law and this section of the city code may be immediately disposed of when the animal is suffering and is beyond cure through reasonable care and treatment. The expenses of disposal shall be subject to the provisions of state law. (Ord. 2010-28, passed 11-1-2010) § 12.95 TRAPPING OF ANIMALS. (a) Trapping prohibition. Trapping anywhere in the city is prohibited. (b) Exception for governmental officials. The provisions of this section do not apply to wildlife conservation or animal control officers , or other designated representatives of the city, county, state or federal government who may in the course of their duties be required to use a trap to catch, snare, kill or otherwise restrain the free movement of any animal, wildlife or birds for humane or otherwise authorized purposes. (c) Exception for unsafe conditions. The provisions of this section do not apply to persons who may employ a trap on their private property to prevent an unsafe condition or the waste of destruction of their property when such persons have complied with the provisions of the laws, rules and regulations of the state and have taken reasonable steps such as, but not limited to, fencing, repellents and elimination of supplemental feeding to deter unwanted animals, wildlife or birds from their property. (d) Exception for live traps . Live trapping shall be permitted on private property within the city provided that the person employing live traps shall have the consent of the owner of such property to enter upon the property for the purpose of trapping , and when such persons have complied with the provisions of the laws, rules and regulations of the state. (e) Prohibition of steel jawleg-hold traps . No person shall set or use a steel jawleg-hold or killer trap within the corporate limits of the city unless specifically authorized to do so by a governmental agency on that government’s property. Nothing herein shall affect one’s right, under M.S. § 97B.665, as it may be amended from time to time, to take certain animals on land owned or occupied by the person where the animal is causing damage. (Ord. 2010-28, passed 11-1-2010) § 12.96 ANIMALS AS PROMOTIONAL DEVICES. No person shall give away any live animal, fish, reptile or bird as a prize for, or as an inducement to enter, any contest, game or other competition; as an inducement to enter a place of amusement; or as an incentive to any business agreement whereby the offer was for the purpose of attracting trade. (Ord. 2010-28, passed 11-1-2010) § 12.97 NOTIFICATION OF INJURED ANIMAL. Any person who, as the operator of a motor vehicle, strikes a domestic animal shall immediately report such injury or death to the appropriate law enforcement official or the animal’s owner . (Ord. 2010-28, passed 11-1-2010) § 12.98 SANITATION. No person shall permit feces, urine or food scraps to remain in any place where any animal is kept for a period that is 159 longer than what is reasonable and consistent with proper health and sanitation or odor prevention. (Ord. 2010-28, passed 11-1-2010) § 12.99 NOISE MADE BY ANIMALS. No person owning, operating, having charge of or occupying any building or premises shall keep or allow to be kept any dog or other animal which shall, by any noise, unreasonably disturb the peace and quiet including, but is not limited to, the creation of any noise by any animal which can be heard by any person , including animal control officers or licensed peace officers, from a location outside of the building or premises where the animal is being kept and which animal noise occurs repeatedly over at least a 14-minute period of time, at an average of at least 12 animal noises per minute. (Ord. 2010-28, passed 11-1-2010) § 12.100 RUNNING AT LARGE PROHIBITION. No owner shall allow or permit their animal to be at large within the city. An animal is at large when it is off the premises owned or occupied by its owner and is not accompanied or under restraint of the owner , or other competent person . (Ord. 2010-28, passed 11-1-2010) DIVISION B: DOMESTIC ANIMALS § 12.101 LIMITATION ON NUMBER OF DOMESTIC ANIMALS. No person shall keep in any one household unit, lot, or premises or portion thereof, more than four dogs, cats, ferrets, rabbits or other domestic animals , excluding fish, over six months old, or a combination thereof. Furthermore, no more than two of the four animals shall be boarded for compensation or kept for sale unless a person has a valid commercial animal establishment license from the city according to § 14.94. For example, a single household may have one dog, two cats and one hamster for a total of four domestic animals or pets . (Ord. 2010-28, passed 11-1-2010) § 12.102 GENERAL DOG REGULATIONS. (a) Restraint. A custodian of any dog within the city shall keep the dog under restraint at all times. (b) Disposal of feces. A custodian of any dog within the city shall immediately clean from any sidewalk, street, park, school, public place or private property of another any feces of the dog and shall dispose of such feces in a sanitary manner. Violation of this provision shall be a petty misdemeanor. (c) Picketing. A dog shall not be picketed so as to be within ten feet of any lot line or sidewalk or within 50 feet of any dwelling unit other than the owner’s . A dog shall not be picketed in any front yard of a residence or building. (d) Female dog in estrus. Every female dog in estrus shall be kept confined within a building in such manner that the dog cannot come in contact with any intact male dog except for proper breeding purposes within such building. The female dog in estrus may be taken from the confined area on a secure leash controlled by a person of sufficient age or into a confined outdoor enclosure within the owner’s property in order for the dog to urinate and/or defecate. (e) License tag. All dogs must be licensed in accordance with §§ 14.85 through 14.89. A valid durable license tag must be securely fastened to the dog’s choke chain, collar or harness, which must be worn by the dog at all times. (f) General duty of owners . Every owner of a dog must exercise reasonable care and take all necessary steps and precautions to protect other people, property and animals from injuries or damage which might result from the dog’s behavior, regardless of whether such behavior is motivated by playfulness or ferocity. (Ord. 2010-28, passed 11-1-2010) § 12.103 TRANSPORTATION OF DOGS. No person shall carry or cause to be carried any dog upon any vehicle or otherwise, without providing suitable racks, crates, carriers or cages of suitable size for the dog during transportation, unless the dog is placed in the passenger area of the vehicle. (Ord. 2010-28, passed 11-1-2010) § 12.104 REGULATIONS REGARDING DOMESTIC ANIMAL SHELTERS. (a) Minimum requirements for dogs. A custodian of any dog which is kept outdoors or in an unheated enclosure shall provide the dog with shelter and bedding as prescribed in M.S. § 343.40, as it may be amended fro time to time, and this section of this code as a minimum. The shelter shall include a moisture-proof and windproof structure of suitable size to accommodate the dog and allow retention of body heat. It shall be made of durable material with a solid moisture-proof floor or a floor raised at least two inches from the ground. Between November 1 and March 31, the structure must have a windbreak at the entrance. The structure shall be provided with sufficient quantity of suitable bedding material consisting of hay, straw, cedar shavings, blankets or the equivalent, to provide insulation and protection against the cold and dampness and promote retention of body heat. Shade from the direct rays of the sun, during the months of June to September shall be provided. 160 (b) Minimum requirements for domestic animals other than dogs. A custodian of any domestic animal which is kept outdoors or in an unheated enclosure shall provide a moisture-proof and windproof structure appropriate for the type of animal there housed, and shall be constructed in a workmanship-like manner to deter rodents and predators. (c) Screening. Visual screening in the form of a fence or live evergreen plantings shall be provided where the shelter for dogs or other domestic animals is readily visible from abutting properties. A shelter is readily visible if more than 50% of its horizontal length can be viewed from within a primary dwelling on an abutting lot. (i) Fences shall screen the maximum amount of the shelter possible while meeting other requirements of this code. (ii) Live plantings shall screen a minimum of 50% of the length and 50% of the height of the shelter at the time of planting. Plant materials shall be selected to screen the entire length and height of the shelter at full maturity. (d) Location. A shelter for a dog or other domestic animal shall not be placed closer than ten feet to any lot line or closer than 50 feet of any dwelling unit other than the owner’s . A shelter shall not be placed in the front yard of a residence or building. A shelter shall be situated closer to the domestic animal owner’s dwelling than to any of the neighboring dwellings. (e) Sanitation requirements. No person shall permit feces, urine or food scraps to remain in a shelter for a period that is longer than what is reasonable and consistent with proper health and sanitation, or odor prevention. (Ord. 2010-28, passed 11-1-2010) § 12.105 REGULATIONS REGARDING POTENTIALLY DANGEROUS ANIMAL. (a) Determination of potentially dangerous animal . A city animal control officer or other law enforcement official shall determine that an animal is a potentially dangerous animal if the officer believes, based upon the officer’s professional judgment, that an animal: (1) Has, when unprovoked, inflicted bites on a human or domestic animal on public or private property; (2) Has, when unprovoked, chased or approached a person , including a person on a bicycle, upon the streets, sidewalks or any public or private property, other than the animal owner’s property, in an apparent attitude of attack; or (3) Has known propensity, tendency or disposition to attack unprovoked, causing injury or otherwise threatening the safety of humans or domestic animals . (b) Notice of potentially dangerous animal . Upon a determination by a city animal control officer or other law enforcement official that an animal is potentially dangerous pursuant to state law or subsection (a) above, the city shall provide a notice of potentially dangerous animal (“notice”) to the owner of the animal by mailing or personally serving the owner of record, or by posting a copy of the notice at the place where the animal is kept, or by delivering it to a person of suitable age residing on that property. Service upon any owner shall be effective as to all owners . The notice shall include the following: (1) A description of the animal deemed to be potentially dangerous ; (2) The factual basis for that determination; (3) The identity of officer who has made the determination; (4) An order that the owner have a microchip implanted in the animal for identification and provide the city animal control authority with the name of the microchip manufacturer and the serial identification number of the microchip implanted within 30 days of the date of service; (5) An order that the owner provide the city animal control authority with written notice of any relocation of the animal from its current residence, providing any new owner’s full name, address, daytime and evening telephone numbers and the relocation address at least ten days prior to any such relocation or new ownership; (6) The criminal penalties for violation of the requirements pertaining to potentially dangerous animals ; (7) A statement informing the owner of the owner’s right to appeal the officer’s potentially dangerous animal determination within 14 days from the date of the notice was served in the manner set forth at subsection (c) below; (8) A statement informing the owner that failure to serve a timely appeal will terminate the owner’s right to a hearing under this section; (9) A statement that even if a timely appeal is made, the owner must nonetheless immediately comply with the requirements of subsection (d) below, except the requirement to microchip the animal, until such time as the administrative law judge issues an opinion; (10) A statement that in the event that the potentially dangerous animal determination is upheld by the administrative law judge, the actual expenses of the hearing, up to a maximum amount as set forth in City Code Appendix A, will be the responsibility of the owner ; (11) A statement that all the city’s actual costs of the care, keeping and disposition of the animal are the responsibility of the person claiming an interest in the animal, except to the extent that an administrative law judge finds that the seizure or impoundment was not substantially justified by law; and (12) A form by which an owner may appeal the determination that the animal is potentially dangerous . 161 (c) Appeal of the potentially dangerous dog designation. Within 14 days of the date the notice as served, an owner may request an appeal of that determination by completing the process described in § 12.106(e) of the code and make payment as set forth in City Code Appendix A towards the cost of the hearing. The hearing procedure is set forth in § 12.106(f) of this code. (d) Requirements. It shall be the joint responsibility of each owner of any animal kept or harbored within the city and determined to be potentially dangerous under this section of the code or under the provisions of a substantially similar local or state law to have a microchip implanted in the animal for identification and provide the city animal control authority with proof thereof, including the name of the microchip manufacturer and its serial identification number, within 30 days of any owner’s receipt of the notice of potentially dangerous animal or within ten days of the animal’s location within the city, whichever occurs first. It shall also be the joint and several responsibility of each owner of any potentially dangerous animal kept or harbored within the city to provide the city animal control authority with written notice of any intended relocation of the animal from its current residence and provide any new owner’s full name, address, daytime and evening telephone numbers and the relocation address at least ten days prior to any such relocation or new ownership. (Ord. 2010-28, passed 11-1-2010; Ord. 2012-3, passed 2-6-2012; Ord. 2021-39, passed 11-29-2021) § 12.106 REGULATIONS REGARDING DANGEROUS ANIMALS. (a) Determination of dangerous animal by city. A city animal control officer or other law enforcement official shall determine that an animal is a dangerous animal if the officer believes, based upon the officer’s professional judgment, that an animal: (1) Has, without provocation , inflicted substantial bodily harm on a human being on public or private property; (2) Has killed a domestic animal without provocation while off the owner’s property; or (3) Has been determined to be a potentially dangerous animal , and after the owner has notice that the animal is potentially dangerous , the animal aggressively bites, attacks or endangers the safety of humans or domestic animals . (b) Exemption. Animals may not be declared dangerous if the threat, injury or damage was sustained by a person : (1) Who was committing, at the time, a willful trespass or other tort upon the premises occupied by the owner of the animal; (2) Who was provoking, tormenting, abusing or assaulting the animal or who can be shown to have repeatedly, in the past, provoked, tormented, abused or assaulted the animal; or (3) Who was committing or attempting to commit a crime. (c) Notice of dangerous animal . Upon a determination by a city animal control officer or other law enforcement official that an animal is dangerous pursuant to state law or subsection (a) above, the city shall provide a notice of dangerous animal (“notice”) to the owner of the animal by mailing or personally serving the owner of record, or by posting a copy of the notice at the place where the animal is kept, or by delivering it to a person of suitable age residing on that property. Service upon any owner shall be effective as to all owners . The notice shall include the following: (1) A description of the animal deemed to be dangerous; (2) The factual and statutory basis for that determination; (3) The name of the officer making the determination and his or her telephone number; (4) A description of any substantial or great bodily harm on a human being inflicted by the animal on public or private property without provocation ; (5) A statement as to whether or not the animal’s destruction is being sought by the city; (6) An order that the owner to have a microchip implanted in the animal for identification, providing the city animal control authority with the name of the microchip manufacturer and the serial identification number of the microchip implanted within 14 days of the owner’s receipt of the notice; (7) An order that the animal be kept at all times either confined in a proper enclosure as defined in § 12.91 of this code or muzzled in a manner that will prevent the animal from biting any person or animal but will not cause injury to the animal or interfere with its vision or respiration; (8) An order that the owner to provide the city animal control authority with written notice of death or any relocation of the animal from its current residence and provide any new owner’s full name, address, daytime and evening telephone numbers and the relocation address at least ten days prior to any such relocation or new ownership; (9) The criminal penalties for violations of this section of this code; (10) A statement informing the owner of the right to appeal the officer’s dangerous animal determination, within 14 days of the date of the notice was served and that failure to serve a timely appeal in the manner set forth in subsection (e) below will terminate the owner’s right to a hearing under this section; (11) A statement that even if an appeal request is made within 14 days of the notice, the owner must nonetheless immediately comply with the requirements of subsection (d) below, except the requirement to microchip the animal, until 162 such time as the administrative law judge issues an opinion; (12) A statement that in the event that the dangerous animal determination is upheld by the administrative law judge, the actual expenses of the hearing, up to a maximum as set forth in City Code Appendix A will be the responsibility of the owner; (13) A statement that if the administrative law judge affirms the dangerous animal declaration, the owner will have 14 days from receipt of that decision to comply with all other requirements of this section and M.S. §§ 347.51, 347.515 and 347.52, as they may be amended from time to time; (14) A statement that all the city’s actual costs of the care, keeping and disposition of the animal are the responsibility of the person claiming an interest in the animal, except to the extent that a court or administrative law judge finds that the seizure or impoundment was not substantially justified by law; and (15) A form by which an owner may appeal the determination that the animal is dangerous. (d) Requirements upon receipt of a notice of dangerous animal . After receipt of the notice, the owner must do the following: (1) At all times keep the animal either confined in a proper enclosure as defined in § 12.91 of this code or muzzled in a manner that will prevent the animal from biting any person or animal but that will not cause injury to the animal or interfere with its vision or respiration; and (2) Provide the city animal control authority with written notice of the death of the animal or any relocation of the animal from its current residence and provide any new owner’s full name, address, daytime and evening telephone numbers and relocation address at least ten days prior to any such relocation and, if requested, execute an affidavit under oath setting forth the circumstances of the animal’s death or relocation. (e) Appeal of the dangerous animal designation. Within 14 days after service of the notice of dangerous animal any owner may request an appeal of that determination by completing and serving upon the city animal control authority a request for appeal of dangerous (or potentially dangerous ) animal designation on the form provided along with the notice, including at a minimum the following information: (1) The full name, address, daytime and evening telephone numbers of the person requesting an appeal; (2) The full name and address of all of the animal’s owners ; (3) The ownership interest of the person requesting the appeal; (4) The names of any witnesses to be called at the hearing; (5) A list and copies of all exhibits to be presented at the hearing; and (6) A summary statement as to why the animal should not be declared dangerous. The request for an appeal shall be sent to the City Attorney’s office with payment as set forth in City Code Appendix A towards the cost of the hearing. Failure to timely submit a completed request for appeal or the required fee shall be deemed a waiver of the right to appeal and consent to the designation of the animal as dangerous or potentially dangerous under state law and § 12.105 or this section of this code. (f) Hearing procedure. (1) Within 45 days after receipt of the request for appeal, the City Attorney’s office shall schedule the appeal hearing on the next available hearing date. The owner may request a later date, but must comply with all notice requirements until a decision is issued by an administrative law judge. An administrative law judge will preside over the hearing. Notice of the time, date and place of the hearing will be sent to the owner at least seven days in advance of the hearing, unless a shorter time period is agreed to by both parties. (2) The hearing shall be held at a place to be determined by the City Attorney’s office during the city’s normal business hours. (3) At the hearing, the parties shall abide by the procedure recommended by the Office of Administrative Hearings. Information about this procedure may be requested from the City’s Attorney’s office or from the Office of Administrative Hearings or their respective websites. The order of proof shall follow the burden of proof with the initial burden upon the city animal control authority to demonstrate by a preponderance of the evidence that the animal is potentially dangerous or dangerous pursuant to § 12.105 or this section of this code or state law. (4) At the conclusion of the hearing, the administrative law judge shall make written findings of fact and reach a written conclusion as to whether the animal is a potentially dangerous or dangerous animal pursuant to § 12.105 or this section of this code or state law. Separate findings shall be made as to whether or not the factors set forth in subsection (k) below were established with a corresponding conclusion as to whether or not the animal should be euthanized by the city animal control authority . The decision of the administrative law judge is final without any further right of administrative appeal. An aggrieved party may obtain review thereof by petitioning the Minnesota Court of Appeals for a writ of certiorari not more than 30 days after service of the administrative law judge’s written decision. (5) In the event that the potentially dangerous or dangerous animal determination is upheld by the administrative law 163 judge, the city shall, within 45 days of the decision, mail an invoice to the animal’s owner for the full actual costs of the hearing above and beyond the appeal fee required in § 12.105, including reimbursement for staff time spent preparing for and attending the hearing, up to a maximum amount as set forth in City Code Appendix A. In the event that the potentially dangerous or dangerous animal determination is not upheld by the administrative law judge, the appeal fee as set forth in City Code Appendix A shall not be returned to the owner . However, no other costs will be paid by the owner . (g) Dangerous animals requirements. Upon a determination after a hearing that the animal is dangerous under this section of this code or state law, or upon the expiration of the 14-day appeal period where no owner serves upon the city animal control authority a timely and completed request for appeal of the dangerous animal designation, or upon the relocation of an animal to this city from another location where the animal was previously declared dangerous under either state law or a local law substantially similar to this section of this code, it shall be the joint responsibility of each owner of the dangerous animal kept or harbored within the city to strictly comply with the following requirements: (1) Keep the animal in a proper enclosure as defined in § 12.91 of this code and state law or, if the animal is outside the proper enclosure , the animal must be muzzled and restrained by a substantial chain or leash not longer than six feet and under the physical restraint of a responsible person . The muzzle must be made in a manner that will prevent the animal from biting any person or animal but that will not cause injury to the animal or interfere with its vision or respiration. The premises where the animal is kept must prominently post the uniform dangerous animal symbol, to inform children that there is a dangerous animal on the property, which has been approved by the State Commissioner of Public Safety and provided by the city at the time of initial registration upon payment by the owner of a fee to cover both the costs of the symbol and the costs of issuance; (2) Register the animal as a dangerous animal with the city in accordance with state law, paying the fees set forth in City Code Appendix A and providing such proof of compliance with the requirements of this section as required by the issuing authority , along with a surety bond issued by a surety company authorized to conduct business in the state in a form acceptable to the issuing authority in the sum of at least $300,000 payable to any person injured by the dangerous animal , or a policy of liability insurance issued by an insurance company authorized to conduct business in the state in the amount of at least $300,000, insuring the owner for any personal injuries inflicted by the dangerous animal and renew the registration of the animal annually until the animal is deceased. If the animal is removed from the city, it must be registered as a dangerous animal in its new location; (3) Cause the animal to be implanted with a microchip for identification and provide the city animal control authority with proof thereof including, the name of the microchip manufacturer and the serial identification number of the microchip implanted within 14 days of the date the animal was determined to be dangerous, or within ten days of the animal’s relocation into the city. Failure to do so, requires the city animal control authority to seize the animal and have a microchip implanted at the owner’s expense; (4) Maintain affixed to the animal’s collar at all times a standardized, easily identifiable tag identifying the animal as dangerous and containing the uniform dangerous animal symbol, as approved by the state’s Commissioner of Public Safety; (5) Cause the animal to be sterilized at the owner’s expense and provide the city animal control authority with proof thereof, including the name, address and telephone number of the veterinarian who performed the procedure, within 30 days of the date the animal was determined to be dangerous or upon failure to do so, allow the city animal control authority to seize the animal and have it sterilized at the owner’s expense; (6) Provide the city animal control authority with written notice of the death of the animal within 30 days thereof and if requested execute an affidavit under oath setting forth the circumstances of the animal’s death and disposition; (7) Provide the city animal control authority with written notice of any intended relocation of the animal from its current residence on record and provide any new owner’s full name, address, daytime and evening telephone numbers and the relocation address at least ten days prior to any such relocation or new ownership; (8) Accompany the sale or transfer of the animal to another owner with a written statement signed and notarized by the transferee listing his or her full name, address, daytime and evening telephone numbers and acknowledging that the city animal control authority has identified the animal as dangerous and provide a copy thereof to the city animal control authority and also to the county; (9) Provide the owner of real property where the dangerous animal will reside with a written disclosure that the city animal control authority has identified the animal as dangerous prior to entering into a lease agreement and at the time of any lease renewal; and (10) A shelter for dangerous dogs shall not exceed 2,000 square feet and shall securely confine dogs indoors or in a securely enclosed and locked pen or structure suitable to prevent the dog from escaping and providing protection from the elements. A proper shelter does not include a porch, patio or any part of a house, garage or other structure that would allow the dog to exit of its own volition, or any house or structure in which windows or doors are open or in which a door or window screen is not a sufficient obstacle that prevents the dog from exiting. (h) Confiscation of dangerous animals. Failure to strictly comply with any of these requirements will result in the summary seizure and impoundment of the animal by the city animal control authority . In addition, if the animal’s owner is convicted of violating this section of this code or state laws regulating dangerous animals, the criminal court as a part of its sentence may order that the animal be confiscated and euthanized in a proper and humane manner and that the owner pay the costs incurred in confiscating, confining and destroying the animal. Where an owner is convicted of violating this section of this code or state laws regulating dangerous animals and is thereafter charged with a subsequent such violation relating to the 164 same animal, the animal must be summarily seized and impounded by the animal control authority . Upon conviction of that subsequent offense, the court may order as part of its sentence that the animal be euthanized in a proper and humane manner and that the owner pay the cost of confiscating, confining and destroying the animal. Any person who harbors, hides or conceals or aids and abets the harboring, hiding or concealment of an animal determined to be dangerous under this section of this code or state laws regulating dangerous animals shall be guilty of a misdemeanor. (i) Reclaiming seized animal. A confiscated dangerous animal not subject to destruction under this section may be reclaimed by an owner upon payment of impoundment and boarding fees and presenting proof of compliance with all of the requirements of this section of this code or state laws regulating dangerous animals. A confiscated animal not reclaimed under this section within seven days may be euthanized in a proper and humane manner with the owner being responsible for the costs of confiscation, boarding and destruction. (j) Security. A person claiming an interest in a seized animal may prevent disposition or destruction of the animal pending the outcome of any appeal by posting security in an amount sufficient to provide for the animal’s actual cost of care and keeping. The security must be posted within seven days of the seizure, including the date of seizure. (k) Destruction of animal in certain circumstances. Where the city animal control authority seeks to destroy an animal, it must provide the owner with specific notice, in writing, of its intent to destroy the animal and provide the owner with a full and fair opportunity for a hearing on this issue using the procedure set forth at subsection (f) above. Prior to destroying the animal, specific findings must be made, as follows: (1) The attack resulted in substantial or great bodily harm to a human victim on public or private property without provocation ; and either: (2) The attack was particularly vicious as demonstrated by its inflicting multiple bites on a human victim or bites on multiple human victims in the same attack on public or private property without provocation ; or (3) The animal bit a human victim on public or private property without provocation in an attack where more than one animal participated in the attack. Based upon these findings, the animal may be euthanized in a proper and humane manner by the city animal control authority with the owner being responsible for the costs of confiscation, boarding and destruction. (l) Assessment of the city’s costs. In accordance with § 12.15, subd. 2 of the City Charter, unpaid costs of confiscation, confinement and destruction of an animal, as well as the costs of a dangerous animal hearing pursuant to this section may be assessed against the property where the animal was kept, harbored, possessed or owned. Prior to any assessment for these costs, the city animal control authority shall seek voluntary payment of these costs by notifying the owner of the property in writing of the costs due and owing. On or before October 1 of each year, the unpaid costs and the late fees, including an administrative charge as set forth in City Code Appendix A due upon the mailing of the notice of proposed assessment, together with interest thereon at the maximum lawful rate permitted under state law against said lot or parcel of land, together with a description of the premises and the name of the owner , shall be certified to the County Auditor and shall be collected in the same manner as taxes and/or special assessments against the premises. The charge shall be a perpetual lien on the premises until paid. Prior to the certification to the County Auditor, the owner shall be given written notice of the proposed assessment and be provided an opportunity to be heard before the City Council. (m) Animal ownership prohibited. No person , or any other member of that person’s household, may own any animal in the city where the person has: (1) Been convicted of a third or subsequent violation of M.S. §§ 347.51, 347.515 or 347.52, as they may be amended from time to time, or city code §§ 12.106(c) or 12.107(g); (2) Been convicted of a violation of M.S. § 609.205(4), as it may be amended from time to time; (3) Been convicted of a gross misdemeanor violation of M.S. § 609.226, subd. 1, as it may be amended from time to time; (4) Been convicted of a violation of M.S. § 609.226, subd. 2, as it may be amended from time to time; or (5) Had an animal ordered euthanized under M.S. § 347.56, as it may be amended from time to time, or this section of city code and been convicted of one or more violations of M.S. §§ 347.51, 347.515, 347.52 or 609.226, subd. 2, as they may be amended from time to time, or city code §§ 12.106(c) or 12.107(g). (n) Animal ownership prohibition review. Beginning three years after being disqualified from animal ownership under M.S. § 347.52(1), as it may be amended from time to time, or subsection (m) above and annually thereafter, the person may request that the animal control authority review the prohibition. The animal control authority may consider such facts as the seriousness of the violation or violations that led to the prohibition, any criminal convictions or other factors the animal control authority deems relevant. The prohibition may be rescinded entirely or with limitations or conditions. Failure to comply with stated conditions or limitations or if the person is convicted of an offense listed in subsection (m) above or any animal violation involving unprovoked bites or animal attacks, the animal control authority may permanently prohibit the person from owning an animal. (o) Review of dangerous animal designation. Beginning six months after an animal is declared dangerous hereunder, an owner may request annually that the city animal control authority review the designation by serving upon it with a written request for review that includes the full name, address and telephone numbers of the requestor, a list of the names and 165 addresses of all owners of the animal, the requestor’s ownership interest, and a summary of the basis for the claimed change in the animal’s behavior. The request for review shall be accompanied by all documents in support of the contention that the animal’s aggressive behavior has been modified. Within 14 days of the receipt of the request, the animal control authority shall make a determination in writing as to whether or not to rescind the dangerous animal designation. Should the designation be rescinded, the animal shall nonetheless continue to be considered potentially dangerous and subject to the requirements of § 12.105 of this code. (Ord. 2010-28, passed 11-1-2010; Ord. 2012-3, passed 2-6-2012; Ord. 2019-46, passed 12-2-2019; Ord. 2021-39, passed 11-29-2021) DIVISION C: RABIES CONTROL § 12.107 PURPOSE; APPLICABILITY. The purpose of this Division C is to control the spread of rabies in the community and to protect the general public from animals that pose a risk of rabies infection. Nothing in this Division C shall authorize the ownership of an animal that is a prohibited wild animal as defined in § 12.91 of this city code. (Ord. 2010-28, passed 11-1-2010) § 12.108 DEFINITIONS. The following words and terms, when used in this Division C, shall have the meanings as defined in § 12.91 of this Article IV. (Ord. 2010-28, passed 11-1-2010) § 12.109 VACCINATION REQUIREMENTS. (a) Vaccination requirements for animals kept as pets . Every dog, cat, ferret or other animal kept as a pet shall be vaccinated against rabies. (b) Timing of vaccination. Animals kept as pets that are too young to be vaccinated against rabies as indicated by the Compendium shall be vaccinated against rabies within 30 days after they reach the minimum age for vaccination as allowed by the Compendium . (c) Revaccination. A vaccinated animal kept as a pet shall be revaccinated at intervals not to exceed the effective duration of the vaccination as listed in the Compendium . (d) Newly acquired or imported animals. Unvaccinated animals kept as pets that are acquired or moved into the city shall be vaccinated within 30 days of purchase or arrival, unless the animal is under the minimum age as specified in subsection (b) above. (e) Administration of vaccine by veterinarian required. Because of techniques and tolerances, species limitations and public health implications, animal rabies vaccines shall be administered only by or under the supervision of a veterinarian . (f) Unvaccinated animals. Any animal of a species for which no rabies vaccination is licensed for that species by the United States Department of Agriculture shall be considered unvaccinated for rabies, regardless of that animal’s vaccination history. (g) Exception. A severely ill animal required to have rabies vaccination may receive an exception to the requirement if the owner provides a signed letter from a veterinarian stating the exception is necessary and includes proof of past rabies vaccination as verified by a titer test. (Ord. 2010-28, passed 11-1-2010) § 12.110 DISPOSITION OF RABIES SUSPECTS. (a) Unvaccinated animals that are rabies suspects. Any dog, cat or ferret that is a rabies suspect and is not vaccinated in accordance with § 12.109 of this code shall be seized, impounded and quarantined under the supervision of a veterinarian or in an animal-tight enclosure approved by the rabies control authority , for a period of not less than ten days following the exposure. After expiration of the quarantine period, an examination by the rabies control authority or by a veterinarian shall be conducted and if, after the examination, the animal has no clinical signs of rabies, it may be released to the owner after payment of impoundment fees, or, in the case of a stray, it shall be humanely euthanized or placed in the custody of a suitable person for adoption and care. (b) Vaccinated animals that are rabies suspects. Any dog, cat or ferret that is a rabies suspect and is vaccinated in accordance with § 12.109 of this code shall be quarantined by the owner or other responsible person as required by the rabies control authority for a period of ten days. If the owner or the other responsible person is not confining the animal during the ten-day period, the rabies control authority may confiscate the animal for proper confinement. After expiration of the quarantine period, an examination by the rabies control authority or a veterinarian shall be conducted and if, after the examination, the animal has no clinical signs of rabies, it may be released from quarantine after payment of impoundment fees. (c) Other animals that are rabies suspects. Any rabies suspect which is not a dog, cat or ferret may be seized and may, after notice to its owner , if known, and a hearing conducted by the city’s hearing officer , be humanely euthanized and 166 submitted to the Veterinary Diagnostic Laboratory at the University of Minnesota for examination for rabies. An owner may waive his or her rights to a hearing under this subsection (c). If a hearing is conducted, the city’s hearing officer may consider evidence regarding the species of the animal, the circumstances of the bite, the epidemiology of rabies in the area, and the period of virus shedding for the species, if known. Prior vaccination of an animal does not preclude the necessity for euthanasia and testing if the period of virus shedding is unknown for that species. (d) Payment of fees. The owner shall be responsible for the payment of all impound, disposal and boarding fees established pursuant to § 12.128 of this Article IV. (e) Release requirements. Animals quarantined pursuant to this section shall not be released until a written report is received by the animal control authority from a veterinarian stating the veterinarian has inspected the animal and no signs of rabies were observed. (Ord. 2010-28, passed 11-1-2010) § 12.111 DISPOSITION OF ANIMALS BITTEN OR EXPOSED BY A RABID ANIMAL. Any animal kept as a pet that is known to have been bitten by a rabid animal and that has not been vaccinated in accordance with § 12.109 of this code shall be reported to the State Board of Animal Health and handled following the State Board of Health procedures. (Ord. 2010-28, passed 11-1-2010) § 12.112 IMPOUNDMENT OF UNVACCINATED ANIMALS. Animals kept as pets found to be in violation of this Division C shall be impounded in accordance with Division F of this Article IV. (Ord. 2010-28, passed 11-1-2010) § 12.113 RESPONSIBILITIES OF VETERINARIANS AND OWNERS. (a) Reporting of rabies suspects. It shall be the duty of every veterinarian to report to the rabies control authority the diagnosis of any animal within the city observed by the veterinarian as a rabies suspect . (b) Preparation of vaccination certificate. A veterinarian shall, at the time of vaccinating an animal, complete in duplicate a valid National Association of State Public Health Veterinarians’ rabies vaccination certificate, or a comparable substitute, that includes the following information: (1) The owner’s name, address and telephone number; (2) A description of the animal (predominant breed, sex, color, age, name and weight); (3) The date of vaccination; (4) The rabies vaccination tag number; (5) The type of rabies vaccine administered; (6) The manufacturer’s serial number of the vaccine; (7) The listed duration date of the vaccination; and (8) The veterinarian’s signature and code number. (c) Distribution of vaccination certificate. The owner shall keep the original vaccination certificate issued by the veterinarian and present the certificate at the time of applying for a domesticated animal license. (d) Issuance of vaccination identification tags. The veterinarian shall issue a metal or durable plastic tag, serially numbered, at the time of vaccination, which indicates that the animal has been vaccinated. (e) Vaccination or city license tag on animal required. The owner of an animal: (1) Not requiring a city license shall ensure that the vaccination tag is securely attached to the collar or harness; (2) Requiring a city license, including dogs, cats or ferrets shall ensure the city-issued license tag is securely attached to the collar or harness; or (3) Not commonly expected to wear a collar or harness, but is required to be vaccinated, shall make available the vaccination certification upon request. When an animal described in subsections (e)(1) or (e)(2) above is out-of-doors, either on the owner’s premises but not confined or off the owner’s premises, the collar or harness with the appropriate tag attached shall be worn. (Ord. 2010-28, passed 11-1-2010) § 12.114 REPORTS OF PERSONS TREATED FOR ANIMAL BITES. Every physician or other person shall report to the rabies control authority the name and addresses of persons treated for 167 bites inflicted by animals within the city. (Ord. 2010-28, passed 11-1-2010) DIVISION D: CHICKENS, FARM POULTRY, FARM ANIMALS, AND BEES § 12.115 CHICKENS. (a) Limitation on the number of chickens. No person shall keep on any single-family or two-family residential property more than four total hen chickens. This is in addition to the maximum of four domestic animals or pets . (b) Three or more dwelling unit properties. Chickens are not allowed on properties with three or more dwelling units. (c) No roosters. No person shall keep roosters, or adult male chickens, on any property within the city. (d) No cockfighting. Cockfighting is specifically prohibited within the city. (e) No slaughtering. The slaughter of chickens is prohibited on residentially used or zoned properties. (f) Ownership occupancy. The owner of the chickens shall live in the dwelling on the property. (g) No breeding. The raising of chickens for breeding purposes is prohibited on residentially used or zoned properties. (h) No chickens in dwellings or garages. Chickens over the age of four weeks shall not be kept inside of a dwelling or garage. (i) Shelter and enclosure requirements. Chickens shall be properly protected from the weather and predators in a shelter or coop , and have access to the outdoors in an enclosure or fenced area. The shelter and/or enclosure shall meet all of the following requirements: (1) Applicable building and zoning requirements of Chapter 15 and 21; (2) Shelters and enclosures must be set back a minimum of 30 feet from the property lot line; (3) A shelter must be situated closer to the chicken owner's dwelling than to any of the neighboring dwellings; (4) A shelter must be set back a minimum of 50 feet from any dwelling on an abutting parcel; (5) The shelter and enclosure must be located in the rear or side yard and set back at least 50 feet from any adjacent street; (6) A shelter shall not exceed 120 square feet in size and shall not exceed six feet in height; (7) An enclosure shall not exceed 20 square feet per bird, shall not exceed six feet in height, and shall have protected overhead netting to prevent attracting predators and other animals running at large ; (8) An enclosure may be constructed with wood and/or woven wire materials that allow chickens to contact the ground; and (9) The shelter and enclosure must be constructed in a workmanship-like manner to deter rodents and predators; and (10) The shelter and enclosure must be screened from abutting residential properties in the form of a solid privacy fence of at least six feet in height constructed according to the fence standards of § 21.301.08. (j) Prevention of nuisance conditions. Owners shall care for chickens in a humane manner and shall prevent nuisance conditions by ensuring the follow conditions are met. (1) The shelter and enclosure are maintained in good repair , and in a clean and sanitary manner free of vermin and objectionable odors. (2) Feces and discarded feed is regularly collected and stored in a leak-proof container with a tight-fitting cover to prevent nuisance odors and the attraction of vermin until it can be disposed properly. (3) Chicken feed shall be stored in leak-proof containers with a tight-fitting cover to prevent attracting vermin. (4) Composting of feces and discarded feed must comply with requirements of § 10.05 (3). (5) Chickens shall be secured inside of a shelter from sunset to sunrise each day to prevent nuisance noise and attracting predators. (6) Chickens shall remain in either the shelter or enclosure at all times and shall not run at large . (7) The shelter shall be winterized to protect the chickens in cold weather. (k) Sale of farm poultry or eggs. Owners cannot advertise the sale of chickens or eggs and must comply with all requirements and performance standards for home businesses in § 21.302.13 and all State Department of Agriculture requirements for the sale of eggs. (Ord. 2010-28, passed 11-1-2010; Ord. 2015-18, passed 6-22-2015; Ord. 2015-33, passed 11-16-2015; Ord. 2019-35, passed 9-23-2019; Ord. 2024-28, passed 11-18-2024) 168 § 12.116 FARM POULTRY AND FARM ANIMALS. (a) Limitation on the number of farm poultry and farm animals . (1) Owners of farm animals , such as, but not limited to, horses, cattle, goats, sheep, llamas, potbellied pigs, and pigs, shall have at least one acre per animal. (2) Reserved. (3) Owners of one acre lots may have four hen chickens, meeting all of the requirements set forth in § 12.115, or farm poultry , such as, but not limited to, ducks, geese, turkeys, pigeons, swans and doves, and shall have no more than four farm poultry meeting the requirements of this section. (4) The types and numbers of animals in subsections (a)(1) and (a)(3) or a combination thereof or in addition to four household domestic animals or pets . For example a one acre property able to meet all regulations set forth in city code may have one farm animal , four farm poultry or four chickens and four domestic animals . (b) Three or more dwelling unit properties. Farm poultry and farm animals are not allowed on properties with three or more dwelling units. (c) No slaughtering. The slaughter of farm poultry and farm animals is prohibited on residentially used or zoned properties. (d) No roosters. No person shall keep roosters, or adult male chickens, on any property within the city. (e) No cockfighting. Cockfighting is specifically prohibited within the city. (f) Ownership occupancy. The owner of the farm poultry and farm animals shall live in the dwelling on the property. (g) No breeding. The raising of farm poultry and farm animals for breeding purposes is prohibited on residentially used or zoned properties. (h) No farm poultry or farm animals in dwellings or garages. Farm poultry and farm animals shall not be kept inside of a dwelling or garage. (i) Shelter and enclosure requirements for farm poultry . Farm poultry shall be properly protected from the weather and predators in a shelter or coop , and have access to the outdoors in an enclosure or fenced area. The shelter and/or enclosure shall meet all of the following requirements: (1) Applicable building and zoning requirements of Chapters 15 and 21; (2) Setback for shelters and enclosures for farm poultry , is a minimum of 100 feet from any lot used residentially or platted for future residential use and 150 feet from any dwelling on a neighboring lot; (3) The shelter shall be situated closer to the farm poultry owner’s dwelling than to any of the neighboring dwellings; (4) Shelter and enclosure must not be located in the front yard and must not be located closer to a property line along a street than the principal structure is from the same street unless setback at least 50 feet from the property line adjacent to the street; (5) Screening from abutting residentially used properties and streets in the form of a solid privacy fence of at least four feet in height constructed according to the fence standards of § 21.301.08 shall be provided for the shelter and enclosure ; (6) A shelter shall not exceed 120 square feet in size and shall not exceed six feet in height; (7) An enclosure or fenced area for farm poultry shall not exceed 20 square feet per bird and shall not exceed six feet in height and shall have protected overhead netting to prevent attracting predators and other animals running at large ; (8) An enclosure or fenced area may be constructed with wood and/or woven wire materials that allow farm poultry to contact the ground; and (9) Constructed in a workmanship-like manner to deter rodents and predators (j) Shelter and enclosure requirements for farm animals . Farm animals shall be properly protected from the weather and predators in a shelter, barn or stable, and have access to the outdoors in an enclosure or fenced area. The shelter and/or enclosure shall meet all of the following requirements: (1) Applicable building and zoning requirements of Chapters 15 and 21. Shelters are considered accessory buildings and must meet all city code standards for accessory buildings including size, height, setback and number limitations; (2) Setback for shelters , or barns, for farm animals is a minimum of 100 feet from any lot used residentially or platted for future residential use and 150 feet from any dwelling on a neighboring lot; (3) Setback for enclosures , or fenced areas, for farm animals is a minimum of 50 feet from any lot used residentially or platted for future residential use and 100 feet from any dwelling on a neighboring lot; (4) Shelter shall be situated closer to the farm animal owner’s dwelling than to any of the neighboring dwellings. (5) Shelter , enclosure and fenced area must not be located in the front yard and must not be located closer to a 169 property line along a street than the principal structure is from the same street unless setback at least 50 feet from the property line adjacent to the street; (6) Screening from abutting residentially used properties and streets in the form of a solid privacy fence of at least four feet in height constructed according to the fence standards of § 21.301.08 shall be provided for the shelter and enclosure; (7) Constructed in a workmanship like manner to deter rodents and predators; and (8) The shelter shall be winterized to protect the animals in cold weather. (k) Prevention of nuisance conditions. Owners shall care for farm poultry and farm animals in a humane manner and shall prevent nuisance conditions by ensuring the follow conditions are met: (1) The shelter and enclosure are maintained in good repair , and in a clean and sanitary manner free of vermin and objectionable odors; (2) Feces and discarded feed is regularly collected and stored in a leak-proof container with a tight-fitting cover to prevent nuisance odors and the attraction of vermin until it can be disposed properly; (3) Farm poultry and farm animal feed stored in leak-proof containers with a tight-fitting cover to prevent attraction of vermin; (4) Feces, discarded feed and dead farm poultry and farm animals shall not be composted; (5) Farm poultry and farm animals shall be secured inside of a shelter from sunset to sunrise each day to prevent nuisance noise and attracting predators; and (6) Farm poultry and farm animals shall remain in the shelter or enclosure at all times and shall not run at large . (Ord. 2010-28, passed 11-1-2010; Ord. 2015-18, passed 6-22-2015; Ord. 2017-38, passed 11-6-2017; Ord. 2024-28, passed 11-18-2024) § 12.116.01 BEEKEEPING. (a) A beekeeper may not place a beehive in a front yard. For the purposes of this section, a corner lot is considered to have two front yards. (b) A beekeeper must place a beehive closer to the primary structure on the site of the beehive than any primary structure or dwelling on an adjacent site. (c) A beekeeper must place a beehive at least 15 feet from any site line. (d) A beekeeper must place a beehive at least 25 feet from any dwelling unit on adjacent property and at least 25 feet from any public right-of-way. (e) In each instance where a beekeeper has an apiary and places a beehive less than 25 feet from the site line, as measured from the nearest point on the beehive to the site boundary, the beekeeper must establish and maintain a flyway barrier at least six feet in height. (1) The flyway barrier must consist of a wall, fence, dense vegetation or a combination thereof, such that bees will fly over rather than through the material to reach the beehive . (2) The flyway barrier must continue parallel to any qualifying site lines for ten feet in either direction from the beehive or contain the beehive or beehives within a solid enclosure that is at least six feet in height. (3) A flyway barrier is not required if the beehive is located on a rooftop at least six feet above grade. (f) A beehive located on a rooftop is prohibited on a residential structure. (g) A beehive located on a rooftop must be screened in accordance with § 21.301.18. (h) A beehive (s) and an apiary , individually or in combined total, that occupies over 50 square feet in area will be calculated as an accessory building in determining the number and size allowed on each lot. (i) An apiary is limited to the following number of beehives based on the size of the lot: (1) ½ acre or smaller = 2 beehives ; (2) More than ½ acre to ¾ acre = 4 beehives ; (3) More than ¾ acre to 1 acre = 6 beehives ; (4) More than 1 acre to 5 acres = 8 beehives ; or (5) More than 5 acres = no restriction. (j) Each beekeeper must ensure that a convenient source of water is available to the colony so long as colonies remain active outside of the beehive . (k) Three or more dwelling unit properties. A beekeeper may not place a beehive on a property with three or more 170 dwelling units. (l) Ownership occupancy. Except for a beehive located on a non-residential site, the beekeeper of the beehive must live in the dwelling on the property. (m) No beehives in dwellings or garages. Beehives must not be kept inside of a dwelling or garage. (n) Beekeepers must select queens from European stock bred for gentleness and non-swarming characteristics. (Ord. 2017-38, passed 11-6-2017; Ord. 2019-2, passed 1-7-2019) § 12.117 OWNER RESPONSIBLE. The owner of any farm animal or farm poultry shall be responsible for the conduct and control of any such animal irrespective of whether such animal has escaped from a shelter or enclosure . (Ord. 2010-28, passed 11-1-2010) § 12.118 PROHIBITED CONDUCT. (a) No person shall use a farm animal : (1) Upon a public sidewalk or sidewalk easement; (2) Upon the public streets and rights-of-way of the city except during daylight hours ; (3) In public places and places of public accommodation; (4) Upon private property of another without the permission of the owner of the property; and/or (5) In a careless manner or in disregard of the rights of others. (Ord. 2010-28, passed 11-1-2010) § 12.119 EXCEPTIONS. The limitations upon the use of farm animals expressed in this Article IV shall not apply to the use of horses for law- enforcement purposes and uses licensed as a commercial animal establishment under Chapter 14, Article III, Division B. (Ord. 2010-28, passed 11-1-2010; Ord. 2018-13, passed 6-4-2018) DIVISION E: WILD ANIMALS § 12.120 THE KEEPING OR SELLING OF WILD ANIMALS PROHIBITED. (a) No person shall own , possess or have custody on his or her premises any wild animal for display, training or exhibition purposes, whether gratuitously or for a fee. (b) No person shall keep or permit to be kept any wild animal as a pet or on his or her property. (c) No person shall offer for sale any wild animal unless specifically authorized by federal or state law. (Ord. 2010-28, passed 11-1-2010) § 12.121 EXCEPTIONS; PERMITS AND LICENSES. (a) Temporary events. A traveling circus, zoological park or show which keeps wild animals for a temporary exhibition must obtain city approvals for allowing such animals within the city for a period not to exceed 30 days; provided the person , traveling circus, zoological park or show has obtained a state permit or is exempt from such requirement pursuant to M.S. § 97A.401, as it may be amended from time to time. The city approval shall specify the conditions to protect the general public and to prevent cruelty or neglect to such animals. Temporary events shall meet all of the requirement of Division B Commercial Animal Establishments of Chapter 14 of this code. (b) Permanent exhibitions. A zoological park or other institution engaged in a permanent display of wild animals may be issued a conditional use permit by the city provided applicable zoning requirements are met and may be issued a commercial animal establishment license pursuant to Division B of Chapter 14 provided the applicable licensing requirements are met. (c) Veterinary hospitals . Any bona fide veterinary hospital is exempt from this Division E and may hold such wild animals , provided protective devices adequate to prevent such animals from escaping or injuring the public are provided. (d) Wildlife rehabilitators. Persons keeping wild animals as part of a bona fide institutional program to return such animals to the wild are exempt from the requirements of this section, provided the location of the premises complies with all zoning requirements of Chapter 21 of this code. (Ord. 2010-28, passed 11-1-2010; Ord. 2024-28, passed 11-18-2024) § 12.122 FEEDING OF WILD ANIMALS PROHIBITED. (a) Prohibition. No person shall feed or allow the feeding of wild animals as defined in § 12.91 of this city code, such as, 171 but not limited to, raccoons, deer, turkeys, ducks and geese, within any area of the city. For the purpose of this section, FEEDING shall mean provision of non-birdseed mixtures, grain, fruit, vegetables, hay, mineral salt or other edible material, either on the ground or at a height of less than five feet above the ground. Living food sources, such as fruit trees and other live vegetation, shall not be considered as prohibited feeding. (b) Exceptions. This prohibition shall not apply to veterinarians , city, county, state or federal officials who in the course of their duties have wild animals in their custody or under their management. (Ord. 2010-28, passed 11-1-2010) DIVISION F: INSPECTION AND ENFORCEMENT OF THE ANIMAL CODE § 12.123 ANIMAL ENFORCEMENT PROCEDURES. (a) The city shall designate animal control officers , licensed peace officers or other Police Department designee for the purpose of enforcing the provisions of this Division F and state law and shall: (1) Have the right to demand the exhibition of an animal and the animal license, if such a license is required by state statute or this city code; (2) Be required to keep accurate records of the impoundment and disposition of all animals in the custody of the city; (3) Be required to investigate reported injuries from animals, and to keep accurate records of such cases; (4) Be required to keep accurate records of all money received and to comply with proper auditing and bookkeeping standards; (5) Carry out prevention of cruelty duties as prescribed in this Division F, M.S. §§ 343.20 through 343.40, and M.S. Chapter 346, as they may be amended from time to time; and (6) Perform enforcement duties as prescribed in M.S. §§ 609.226 and 609.227, and M.S. Chapter 347, as they may be amended from time to time. (b) No person shall interfere with, hinder or molest a city animal control officer , licensed peace officer or Police Department designee enforcing this city code or state law. No person shall seek to release any animal in the custody of a city animal control officer , licensed peace officer or Police Department designee except as herein provided. (c) For the purposes of discharging the duties imposed by this city code and in order to further the investigation of any state statute or city code violations regarding animals, city animal control officers or any licensed peace officer, upon demonstration of cause, may apply for issuance of a warrant to enter premises upon which an animal is kept or harbored. (Ord. 2010-28, passed 11-1-2010) § 12.124 INSPECTIONS AND ENFORCEMENT. The animal control authority or health authority shall conduct investigations of complaints of violations to this Article IV. If the animal control authority or health authority determine that violations to any requirements of the this or any other article, division or section of this code or applicable state laws exist, the animal control authority or health authority may provide written notice to both the animal owner and the owner of the property in violation, stating the nature of the violations and a deadline for correcting the violations. In addition, the city may initiate appropriate civil and/or criminal actions upon failure of an owner and property owner to correct any violation of the city code or applicable state laws, rules or regulations. The failure to remove or correct each noted violation in the notice within the time period noted shall constitute a separate violation for each day the violation continues to exist. Failure to pay outstanding civil fines or fees may result in future animal license ineligibility if applicable. The animal control authority may also choose to proceed to criminal charges when necessary. (Ord. 2010-28, passed 11-1-2010) § 12.125 IMPOUNDMENT PROCEDURES. (a) Impoundment. Every animal found by an animal control officer or licensed peace officer to be in violation of state law or city code may be impounded in the city animal shelter . All animals impounded shall be confined in a humane manner. (b) Record keeping. The animal control authority shall maintain records of animals in his or her custody, in accordance with applicable state law, and such records shall include the following: (1) The description of the animal by species, breed, sex, approximate age and other distinguishing traits; (2) The location at which the animal was seized; (3) The date of seizure; (4) The name and address of the person from whom the animal was received; and (5) The name and address of the person to whom the animal was transferred. (c) Notification to owner . Immediately upon impounding an animal, a city animal control officer or licensed peace officer shall make every reasonable effort to locate and notify the owner of the impounded animal. 172 (Ord. 2010-28, passed 11-1-2010) § 12.126 REDEMPTION OF IMPOUNDED ANIMALS. (a) Injured animals. If an injured animal is impounded, the animal control officer or licensed peace officer shall immediately attempt to locate and notify the owner of such animal. If it is the opinion of a licensed veterinarian that a critically injured animal will unnecessarily suffer, such animal may be humanely euthanized even though attempts to locate or notify the owner have been unsuccessful. The owner shall be responsible for the cost of euthanization and/or the reasonable costs of care and treatment. (b) Abused animals. Animals impounded pursuant to state and local cruelty laws shall be redeemed pursuant to M.S. § 343.235, as it may be amended from time to time. (c) Unlicensed animals. Dogs, cats, ferrets or other animals kept as pets , which are required to be licensed by city code, impounded because they were found by an animal control officer or licensed peace officer to be unlicensed or unregistered may be reclaimed by their owners or other person designated by the owners within seven regular business days after the animal has been impounded, provided that the owner or other designated person makes payment to the city of the impound fees and charges as set by the City Council. If an animal impounded is not claimed within seven regular business days , it shall become the property of the city and shall either be humanely euthanized or placed in the custody of a suitable person for adoption and care. (d) Wild animals . Any wild animal kept in violation of this Article IV may be impounded by the city. If such an animal is not reclaimed by its owner within seven regular business days after the impoundment of such animal, the animal may be euthanized in a humane manner or placed in the custody of a suitable person for care. Any person reclaiming such impounded animal shall pay the costs of impounding and keeping the animal and shall agree not to keep or sell the animal in violation of this Article IV or state or federal law. (e) Dangerous animals. Dangerous animals shall be confiscated and reclaimed pursuant to M.S. § 347.54, as they may be amended from time to time, and § 12.106 of this Article IV. (f) Animals running loose. An animal found at large may be taken and impounded by licensed peace officers or animal control officers . If after a period of seven regular business days an impounded animal is not claimed or redeemed by its owner , it shall become the property of the city and may be euthanized in a humane manner or placed in the custody of a suitable person for adoption and care. Immediately upon the impoundment of any animal, the animal control officer shall make a reasonable effort to notify the owner of the impoundment and of the procedure for regaining possession of the impounded animal. Any animal impounded under this section may be reclaimed by the owner within seven regular business days upon payment of impound fees and charges as set by the City Council. (g) Animals with no current proof of rabies vaccination from current city license or vaccination tag. Immediately upon impounding the animal, the rabies control authority or other official shall make every reasonable effort to locate and notify the owner of the impounded animal. Any animal impounded because of lack of a current rabies vaccination tag may be reclaimed at any time by its owner by furnishing proof or rabies vaccination, paying all impoundment fees prior to release, and by obtaining a valid rabies vaccination tag. (h) Rabies suspects. Redemption of rabies suspects shall be governed by Division C of this Article IV. (i) Animals bitten or exposed by a rabid animal . Redemption of animals bitten or exposed by a rabid animal shall be governed by Division C of this Article IV. (Ord. 2010-28, passed 11-1-2010) § 12.127 DOGS, CATS AND FERRETS PURCHASED OR ADOPTED FROM THE ANIMAL CONTROL SHELTER; SPAYING OR NEUTERING REQUIRED. (a) When a dog, cat or ferret, or other animal required to be sterilized by this city code, not previously sterilized is sold or released for adoption by the city animal shelter , the buyer or adoption party must sign a written agreement to have the dog, cat or ferret sterilized. If the dog, cat or ferret, or other animal required to be sterilized, is less than six months old, the buyer or adopting party shall agree to have the animal sterilized by the age of six months. If the dog, cat or ferret, or other animal required to be sterilized, is more than six months old, the buyer or adopting party shall agree to have the animal sterilized within 30 days of purchase or adoption. (b) No person , having agreed in writing to have an animal sterilized pursuant to this section, shall intentionally fail or refuse to have such sterilization performed within the time specified in the agreement. Violation of this subsection (b) is a misdemeanor. (c) Nothing in this section shall be construed to authorize the city to sterilize a dog, cat, ferret or other animal required to be sterilized, which has been reclaimed by its owner , or for which the period to reclaim as owner has not expired. (Ord. 2010-28, passed 11-1-2010) § 12.128 IMPOUNDMENT AND BOARDING FEES. Impoundment and boarding fees shall be borne by the owner and shall be established in a resolution of the City Council and made available to the general public. 173 (Ord. 2010-28, passed 11-1-2010) § 12.129 VARIANCES TO THE ANIMAL CODE. All zoning variances, including but not limited to, setback requirements, screening and fencing, shall proceed according to the variance procedures set out in Chapter 21 of this city code. The city shall not consider variances or exceptions to the Animal Code requirements including, but not limited to, number of animals allowed at one residence, shelter or enclosure , sterilization, breeding prohibition and slaughter prohibition. (Ord. 2010-28, passed 11-1-2010; Ord. 2024-28, passed 11-18-2024) § 12.130 PENALTIES AND SEVERABILITY. Unless otherwise specifically noted herein, a violation of any provision of city’s Animal Code, Article IV of Chapter 12, shall be a misdemeanor under state law. In addition, the provisions of this Division F shall be subject to enforcement by administrative citations and subject to civil fines pursuant to the Administrative Mediation and Hearing Process set forth in Chapter 1, Article II of this code, and nuisance service call provisions of § 12.15 as well as by Civil District Court action. If any section, subsection, sentence, clause, or phrase of this Division F is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Division F. The City Council hereby declares that it would have adopted the Division F in each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid. (Ord. 2010-28, passed 11-1-2010) 174 (1) (2) (3) (1) (2) (3) (1) (2) (3) Chapter 10 - ANIMALS Footnotes: --- (1) --- State Law reference— General authority relative to animals, Minn. Stats. § 412.221, subd. 21; animal health, Minn. Stats. ch. 35; dogs and cats, Minn. Stats. ch. 347; cruelty to animals, Minn. Stats. § 343.20 et seq. Sec. 10-1. - De nitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Animal means any live creature, domestic or wild. Animal shelter means any facility operated for the purpose of impounding or caring for animals held under the authority of this chapter. At-large means off the premises of the owner and not under restraint. Chicken means fowl of the genus Gallus and species Gallus Domesticus that is commonly referred to as a domesticated fowl. Chicken coop means the structure for the keeping or housing of chickens permitted by the article. Chicken run means a fully-enclosed outdoor area attached to a coop where chickens can roam. Commercial establishment means any pet shop, grooming shop, riding school or stable, kennel, or veterinarian clinic or hospital. Dangerous animal means any animal that has committed any of the acts set forth below: Without provocation, inflicts substantial bodily harm upon a human being on public or private property; Killed a domestic animal without provocation; or Been found to be a potentially dangerous animal, and after the owner has been notified that the animal is potentially dangerous, the animal aggressively bites, attacks, or endangers the safety of humans or domestic animals. Fancy pigeon means a pigeon that, through past breeding, has developed certain distinctive physical and performing characteristics as to be clearly identified and accepted as such by the National Pigeon Association, the American Pigeon Club, or the Rare Breeds Pigeon Club. Examples: fantails, pouters, trumpeters. Hen means a female chicken. Kennel means any premises wherein any person is engaged in the business of boarding, breeding, buying, letting for hire, training for a fee, or selling animals. Loft means the structure for the keeping or housing of pigeons permitted by this chapter. Mature pigeon means a pigeon aged six months or older. Nondomesticated animal means any wild animal, reptile or fowl, which is not naturally tame or gentle but is of a wild nature or disposition in which because of its size, vicious nature, or other characteristics would constitute a danger to human life or property. Examples of such wild animals are (but not limited to these examples): bears, lions, tigers, jaguars, leopards, cougars, ocelots, wolves, foxes, coyotes, dingoes, jackals, bison, panthers, apes, large alligators and crocodiles (bigger than four feet in length), rattlesnakes, coral snakes, water moccasins, cobras, raccoons, ferrets, skunks, excluding dogs, cats, and other traditional house pets and livestock. Owner means any person, partnership, or corporation owning, keeping, or harboring one or more animals. An animal shall be deemed to be harbored if it is fed or sheltered for three consecutive days or more. The term "owner" shall also include the owner of pigeons subject to this chapter. Permit means a license issued by the animal control officer for the maintenance of a pigeon loft. Pet and animal shops means a commercial establishment where animals are groomed and/or sold. Pigeon means a member of the family Columbidae, and shall include racing pigeons, fancy pigeons and sporting pigeons as defined in this section. Potentially dangerous animals means any animal that has committed any of the acts set forth below: When unprovoked, bites a human or domestic animal; When unprovoked, chases or approaches a person upon the public streets, sidewalks, or any public property in an attitude of attack; or Has a known propensity, tendency or disposition to attack unprovoked, causing injury or otherwise threatening the safety of humans or domestic animals. Public nuisance means any animal or animals which: Molests passersby or passing vehicles; Attacks other animals; Trespasses on school grounds;175 (4) (5) (6) (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) Is repeatedly at large; Damages private or public property; or Barks, whines, or howls in an excessive, continuous or untimely fashion. Racing pigeon means a pigeon which, through selective past breeding, has developed the distinctive physical and mental characteristics as to enable it to return to its home after having been released a considerable distance therefrom, and which is accepted as such by the International Federation of Racing Pigeon Fanciers or the American Racing Pigeon Union, Inc. Also commonly known as racing homer, homing pigeon, or carrier pigeon. Restraint means any animal secured by a leash or lead or within the real property limits of its owner. Riding stables means any place that has available for hire, boarding and/or riding instruction, any horse, pony, donkey, mule or burro. Rooster means a male chicken. Sporting pigeon means a pigeon which, through selective past breeding, has developed the ability to fly in a distinctive manner, such as aerial acrobatics or endurance flying. Examples: Rollers, Tipplers. Veterinary hospital or clinic means any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis and treatment of disease and injuries of animals. Vicious animal means any animal or animals that constitute a physical threat to human beings or other animals. (Code 1977, § 8-401; Ord. No. 897, 4-22-2024) Sec. 10-2. - Enforcement. The civil and criminal provisions of this chapter shall be enforced by those persons or agencies designated by the city police department. It shall be a violation of this chapter to interfere with the police department in the performance of its duties. (Code 1977, § 8-415) Sec. 10-3. - Restriction on number of animals. No person, firm or corporation shall harbor more than three dogs or three cats, or any combination of the two animals up to three in number, over the age of six months in any one residential unit or place of business. (Code 1977, § 8-402) Sec. 10-4. - Running at large prohibited. It shall be unlawful for any person who owns, harbors, or keeps an animal, or the parents or guardians of any such person under 18 years of age, to allow such animal to run at large. (Code 1977, § 8-403) Sec. 10-5. - Licenses for dogs. Any person owning, keeping, harboring, or having custody of any dog over six months of age within the city must obtain a license as herein provided. Written application for licenses shall be made to the licensing authority which shall include the name and address of the applicant, a description of the dog, the appropriate fee, and rabies certificate issued by a licensed veterinarian or an antirabies clinic showing that the dog is protected by an anti-rabies vaccine. Every application for a neutered or spayed dog shall be accompanied by a statement from a licensed veterinarian showing that the dog has been so altered. An application for a license must be made within 30 days after obtaining a dog over six months of age, except that this requirement will not apply to a nonresident keeping a dog within the city for not longer than 60 days. License fees shall be waived for dogs trained to assist handicapped persons. Upon acceptance of a license application and fee, the licensing authority shall issue a durable tag stamped with an identifying number and year of issuance. Dogs must wear identification tags or collars at all times when off the premises of the owner. The licensing authority shall maintain a record of the identifying numbers of all tags issued and shall make this record available to the public. All licenses shall expire one or two years (depending of the license issued) from the date of issue. A license shall be issued after payment of the application fee as set forth in chapter 22. Duplicate licenses may be obtained upon payment of a replacement fee in the amount as set forth in chapter 22. No person may use any license for any dog other than the dog for which it was purchased. (Code 1977, § 8-404) 176 (a) (b) (c) (d) (e) (a) (b) (1) (2) (3) (c) (d) (a) (b) (c) (d) (e) (a) (b) (a) (b) Sec. 10-6. - Impounding. The police department shall impound any animal found running at large and shall give notice of the impounding to the owner of such animal, if known. If such animal is not claimed within the time specified and all fees and charges paid, the police department shall dispose of such animal unless it is requested by a licensed educational or scientific institution under Minn. Stats. § 35.71. The police department shall house and feed in a humane manner any animal held at the animal shelter. An impounding fee in the amount as set forth in chapter 22 shall be charged to the owner for each impoundment. A boarding fee as set forth in chapter 22 will be charged for any animal held at the animal shelter. (Code 1977, § 8-405) Sec. 10-7. - Licenses for commercial establishments. No person, partnership or corporation shall operate a commercial animal establishment without first obtaining a license in compliance with this section. Annual licenses shall be issued upon payment of the applicable fee, as specified in chapter 22, for each of the following establishments: For each kennel authorized to house less than ten animals; For each kennel authorized to house ten or more animals but less than 50; and For each grooming shop. Every facility regulated by this chapter shall be considered a separate enterprise and requires an individual license. Any person who has a change in the category under which a license was issued shall be subject to reclassification and appropriate adjustment of the license fee shall be made. (Code 1977, § 8-406) Sec. 10-8. - Commercial license issuance and revocation. The city may revoke any commercial establishment license if the person holding the license refuses or fails to comply with this chapter, or any laws governing the protection and keeping of animals. Any person whose license is revoked shall, within ten days thereafter, humanely dispose of all animals owned, kept, or harbored and no part of the license fee shall be refunded. It shall be a condition of the issuance of any license that the licensing authority shall be permitted to inspect all animals and the premises where animals are kept at any time. If permission for such inspection is refused, the license of the refusing owner may be revoked. If the applicant has withheld or falsified any information on the application, the licensing authority may refuse to issue the license. The licensee during the term of the license shall provide humane care for the animals in its care and shall comply with the terms of this chapter and other applicable laws. (Code 1977, § 8-407) Sec. 10-9. - Restraint; proper care and control. All animals shall be kept under restraint by the owner or owner's agent. All animal owners shall exercise proper care and control of their animals and prevent them from becoming a public nuisance. (Code 1977, § 8-408) Sec. 10-10. - Quarantine. Any animal that has bitten a person shall immediately be impounded for at least ten days and kept apart from other animals, under the supervision of a veterinarian, until it is determined whether such animal had or has rabies which might have been transmitted by such bite. Such impounding may be done by the owner, and need not be at the animal shelter; but if it is not at the animal shelter, the owner shall notify the chief of police immediately and shall furnish proof in writing that such animal is being so impounded. Upon the expiration of ten days, if it is determined that the animal does not have rabies, the animal may be released and the chief of police shall be notified. If the animal was impounded within the animal shelter, it may be reclaimed in ten days if it is determined that the animal does not have rabies. Any animal which has been bitten by a rabid or suspected rabid animal shall be impounded and kept in the same manner as stated above for a period of six months, unless the animal has been vaccinated for rabies within the previous year and in that case the impoundment period should be 40 days. The owner of an animal that has been bitten by a rabid animal shall notify the chief of police in the event of the animal's illness or death during quarantine. (Code 1977, § 8-409) Sec. 10-11. - Con nement of certain animals.177 (a) (b) (a) (b) (c) (1) (2) (3) (d) (e) (1) (2) (3) (f) (a) (b) (c) (1) (2) (3) (4) (5) (6) (7) (8) (d) Each owner shall confine within a building or secure enclosure any vicious or dangerous animal and not take such animal out of the enclosure unless the animal is securely muzzled or restrained. Every female dog or cat in heat shall be maintained in such a manner that such female dog or cat cannot come in contact with another dog or cat except for intentional breeding purposes. (Code 1977, § 8-411) Sec. 10-12. - Keeping of animals. Harmful animals. No person shall keep or permit to be kept any animal of a species or breed that is commonly thought to constitute a threat to human beings. Agricultural animals. No person shall keep, harbor, or maintain care, custody, or control over any horse, cow, sheep, pig, goat, or any other hoofed animal, duck, goose or other agricultural animal in any place in the city, except chickens when kept in compliance with this chapter. This section shall not prohibit the keeping of such agricultural animals in a stable that complies with the zoning code. The maximum number shall not exceed one animal per one acre of land on property zoned for agricultural uses. Prohibited animals. No person shall keep, maintain, or permit to be kept with the city any of the following animals: A nondomesticated animal or species as defined in section 10-1; Any animal or species prohibited by state or federal law; or Any other animal which is not specifically defined in section 10-1 but which can be reasonably defined by the terms of section 10-1. Selling prohibited. No person shall offer for sale, within the city limits, any animal prohibited under this section. Exceptions; permit required. Any persons desiring to keep animals prohibited under this section shall obtain a temporary conditional use permit from the city council. Such a permit shall be issued for a period not to exceed 30 days and shall specify further conditions under which such animals can be kept; provided, however, that no such permit shall be issued unless such prohibited animal is brought into the city for entertainment, exhibition, show or promotional purposes only. A public zoo or other institution engaged in a permanent display of animals may be issued a permanent conditional use permit provided applicable zoning requirements are met. Nonpoisonous snakes, birds kept indoors, hamsters, mice, rabbits, gerbils, white rats, guinea pigs, chinchillas, or lizards and similar small animals capable of being maintained continuously in cages are also exempt and do not require a permit. Persons keeping animals for a public zoo as volunteers, any bona fide research institution or veterinary hospital are exempt from the permit requirement; provided protective devices adequate to prevent such animals from escaping or injuring the public are provided. Existing nondomesticated animals. Anyone keeping or maintaining any nondomesticated animal, at the time the ordinance from which this section is derived was adopted, has 90 days in which to comply with the provisions of this section. Extensions beyond 90 days may be granted for just cause by the city council. (Code 1977, § 8-412; Ord. No. 897, 4-22-2024) Sec. 10-13. - Pigeons. Purpose and intent. It is the purpose and intent of this section to permit the keeping, maintenance and flying of certain pigeons as a recreational sport and hobby, subject to regulations hereinafter set forth. The keeping, breeding, maintenance and flying of fancy, racing and sporting breeds of pigeons, as defined herein, is determined not to be a nuisance and is a wholesome activity, not detrimental to the public welfare, if regulated as hereinafter set forth. Recognition of proper keeping. It is recognized that the keeping, breeding, maintenance and flying of such pigeons is now mainly engaged in by members of local, district and national organizations, and such persons keep their pigeons in suitable permanent structures constructed and maintained for such purpose, and keep such structures in a clean and sanitary manner, and do not permit their pigeons to remain at large in the community in such manner as to disturb their neighbors or to prevent the full enjoyment of property rights by their neighbors. Conditions for keeping of pigeons. The keeping, breeding, maintenance and flying of pigeons shall be permitted, and a permit shall be issued therefore, on the following conditions: The loft shall be of such sufficient size and design, and constructed of such material, that it can be maintained in a clean and sanitary condition; There shall be at least one square foot of floor space in any loft for each mature pigeon kept therein; The construction and location of the loft shall not conflict with the requirements of any building code or zoning code of the city; All feed for said pigeons shall be stored in such containers as to protect against intrusion by rodents and other vermin; The loft shall be maintained in a sanitary condition and in compliance with all applicable health regulations of the city; All pigeons shall be confined to the loft, except for limited periods necessary for exercise, training and competition; and at no time shall pigeons be allowed to perch or linger on the buildings or property of others; All pigeons shall be fed within the confines of the loft; and No one shall release pigeons to fly for exercise, training or competition if they have been fed within the previous eight hours. 178 (e) (f) (a) (b) (c) (d) (e) (f) (g) (h) (a) (b) (c) (d) (1) (2) (3) (4) (e) (1) (2) (3) Permit. On application signed by the owner, on such form as shall be provided by the city, wherein the owner shall certify that his lofts comply with applicable building and zoning codes, and upon payment of a fee as set forth in chapter 22, a permit shall be issued to the owner, which shall remain in full force and effect unless suspended or revoked, or unless the use of the loft be discontinued for a period of one year. Right of entry for inspection. The animal control officer may enter and inspect any property or loft at any reasonable time for the purpose of investigating either an actual or suspected violation or to ascertain compliance or noncompliance with this section. Revocation of permit; hearing. A permit may be revoked by the animal control officer for the violation of any of the requirements of this section; provided that the holder of the permit shall first be given a hearing before the city council and allowed to show cause why the permit should not be revoked. The permit holder shall be given at least ten days' notice in writing of the time and place of such hearing. After said hearing, if said violation is not remedied within ten days, the animal control officer may issue a citation to appear in municipal court to answer the charges stated thereon. (Code 1977, § 8-413) Sec. 10-14. - Animal waste. The owner or custodian of any animal shall be responsible for the prompt removal of any excreta deposited by his/her animal on public walks, recreational or private property. No owner or custodian of any animal shall cause or allow such animal to soil, defile or defecate on any city property, unless such owner immediately removes and disposes of all feces deposited by such animal in a sanitary manner. It is unlawful for any person owning, keeping or harboring an animal to cause or permit said animal to be on any city property without having in his/her immediate possession a device for the removal of feces and depository for the transmission of excrement to a proper receptacle. It is unlawful for any person in control of, causing or permitting any animal to be on any city property, to fail to remove feces left by such animal and dispose of it properly as described in subsection (d). Proper disposal of animal waste shall be limited to burial where lawfully permitted, flushing in the toilet, bagging for disposal in the owner or keeper's waste receptacle, and bagging for disposal in a waste receptacle designated for animal waste in a public park or park area. Disposal of animal waste in storm drains is prohibited. Disposal of animal waste in public compost is prohibited. The provisions of this section shall not apply to the ownership or use of any animals when used for police activities, farm animals or tracking animals when used by or with the permission of the appropriate authorities. (Code 1977, § 8-414; Ord. No. 859, 8-22-2022; Ord. No. 874, 1-9-2023) Sec. 10-15. - Keeping of chickens. Purpose. It is recognized that the ability to cultivate one's own food is a sustainable activity that can also be a rewarding pastime. Therefore, it is the purpose and intent of this section to permit the keeping and maintenance of hens in a clean and sanitary manner that is not a nuisance to or detrimental to the public health, safety, and welfare of the community. Investigation and enforcement. Personnel designated by the city shall have authority in the investigation and enforcement of this article, and no person shall interfere with, hinder or molest any such officer in the exercise of such powers. The city shall make investigations as is necessary and may grant, deny, or refuse to renew any application for permit, or terminate an existing permit under this article. Limit on the number of chickens. A person may keep, harbor, or maintain care or control over no more than four chickens defined by this chapter on property or parcels greater than 12,000 square feet and less than 0.5 acres in size and zoned single-family residential, R-1, or on property designated for one family detached dwellings within a planned unit development and no more than six chickens on parcels greater than 0.5 acres in size and zoned single-family residential, R-1, or on property designated for one family detached dwelling within a planned unit development. No roosters shall be permitted. Permit required; term, consent, fee. No person shall own, keep, harbor, or have custody of any live chicken without first obtaining a permit from the city. The first permit is valid for up to two years beginning on the date of issuance and ending on December 31 of the following year. Subsequent permits are valid from January 1 to December 31. Permits are non-transferable. The fee for a permit may be imposed, set, established and fixed by the city council, by ordinance, and amended from time to time. Contiguous parcels shall be notified of city-approved permits. Application. Any person desiring a permit required under the provisions of this article shall make written application to the city upon a form prescribed by and containing such information as required by the city. Among other things, the application shall contain the following information: A description of the real property upon which it is desired to keep the chickens. The breed and number of chickens to be maintained on the premises. A site plan of the property showing the location and size of the proposed chicken coop and run, setbacks from the chicken coop to property lines and surrounding buildings (including houses and buildings on adjacent lots), and the location, type, and height of fencing proposed to contain the chickens in a run or exercise area. Portable coops and cages are allowed, but portable locations must be included with the site plan.179 (4) (5) (6) (f) (1) (2) (3) (4) (5) (6) a. b. c. d. e. (g) (1) (2) (3) (4) (5) (h) (1) (2) (i) (1) (2) (3) A statement certifying whether the property's homeowners' association rules, if any, prohibit the keeping of chickens on the property for which the application is sought. Statements that the applicant will at all times keep the chickens in accordance with all of the conditions prescribed by the officer, or modification thereof, and that failure to obey such conditions will constitute a violation of the provisions of this article and grounds for cancellation of the permit. Such other and further information as may be required by the city. Permit conditions. Each person keeping chickens within the city shall comply with the following: The owner of the chickens must occupy the premises for which the permit is issued. No person may keep a rooster or crowing hen. No person may allow chickens to range freely without fencing or without a mobile pen. No breeding. The raising of chickens for breeding purposes is prohibited on residentially used or zoned properties. Chickens over the age of six weeks shall not be kept in a dwelling or attached garage. Chickens shall be properly protected from the weather and predators in a shelter or chicken coop, and have access to the outdoors in an enclosure or fenced area. The shelter and/or enclosure shall meet all of the following requirements: The roofed structure and required fencing for the chickens may only be located in a rear yard and must be set back ten feet from lot lines and 20 feet from dwellings on adjacent properties. The enclosure or fenced area for chickens shall not exceed 40 square feet per bird and shall not exceed six feet in height. The roofed structure shall be fully enclosed, wind proof, and have sufficient windows for natural light constructed with architecturally appropriate building materials including exterior grade siding and either a metal, composite or shingled roof, or in the alternative, coop shall be purchased from a commercial source that constructs structures specifically to be used as coops for chickens. The proposed chicken coop must be consistent with the accessory structure zoning regulations elsewhere is this Code. Coop and run must be removed and site restored if keeping of chickens is discontinued for more than 12 months. Prevention of nuisance conditions. Owners shall care for chickens in a humane manner and shall prevent nuisance conditions by ensuring the follow conditions are met: The shelter and enclosure are maintained in good repair, and in a clean and sanitary manner free of vermin and objectionable odors. Feces and discarded feed is regularly collected and stored in a leak-proof container with a tight-fitting cover to prevent nuisance odors and the attraction of vermin until it can be disposed properly. Chicken feed shall be stored in leak-proof containers with a tight-fitting cover to prevent attracting vermin. Dead chickens must be disposed of according to the Minnesota Board of Animal Health rules which require chicken carcasses to be disposed of as soon as possible. Slaughtering and processing of the chickens on the property is prohibited. Issuance, revocation. If granted, the permit shall be issued by the city and shall state the conditions, if any, imposed upon the permitted for the keeping of chickens under this permit. The permit shall specify the restrictions, limitations, conditions and prohibitions which the city deems reasonably necessary to protect any person or neighboring use from unsanitary conditions, unreasonable noise or odors, or annoyance, or to protect the public health and safety. Such permit may be modified from time to time or revoked by the city for failure to conform to such restrictions, limitations, or prohibitions. Such modification or revocation shall be effective after ten days following the mailing of written notice thereof by certified mail to the person or persons keeping or maintaining such chickens. The city may revoke any permit issued under this article if the person holding the permit refuses or fails to comply with this article, with any regulations promulgated by the city council pursuant to this article, or with any state or local law governing cruelty to animals or the keeping of animals. Any person whose permit is revoked shall, within ten days thereafter, humanely dispose of all chickens being owned, kept or harbored by such person, and no part of the permit fee shall be refunded. Violations. Failure to comply with a provision of this chapter is a violation and the city is authorized to take one or more of the following actions: Initiate a criminal action by citation or formal complaint. A violation of this chapter is a misdemeanor. Process the violation as a public nuisance abatement matter. Any person violating any conditions of this permit shall reimburse the city for all costs borne by the city to enforce the conditions of the permit including, but not limited to, the pickup and impounding of chickens. (Ord. No. 897, 4-22-2024; Ord. No. 899, 8-12-2024) 180 (1) (2) (3) (1) Chapter 6 - ANIMALS Footnotes: --- (1) --- Editor's note— Ord. No. 503, § 1, adopted Oct. 21, 2013, amended former Ch. 6, §§ 6-1—6-21, in its entirety to read as herein set out. Former Ch. 6 pertained to similar subject matter and derived from the Code of 1982, §§ 430:00—430.99; Ord. No. 410, §§ 6—9, 5-21-2007. Cross reference— Environment, ch. 16; riding or driving animals, § 24-15. State Law reference— Authority to regulate the keeping of animals, Minn. Stats. § 412.221. Sec. 6-1. - Purpose of chapter. To preserve the public health, safety and welfare, and guard against public nuisances, the ownership and possession of animals must be regulated. (Ord. No. 503, § 1, 10-21-2013) Sec. 6-2. - De nitions. For the purpose of this chapter, the following definitions shall apply, unless the context clearly indicates or requires a different meaning. Animal control authority. An agency of the state, county, municipality or other governmental subdivision of the state which is responsible for animal control operations in its jurisdiction. Animal enforcement officer. The designated law enforcement personnel charged by the city with enforcement of this chapter. Animal shelter. Any premises designated by the city council or the SLMPD for the purpose of impounding and caring for animals held under the authority of this chapter. Animal waste device. A device for sanitary removal of animal feces. At large. An animal is at large when it is off the premises of the person, firm, corporation, organization, or department possessing, harboring, keeping, having an interest in, or having care, custody, or control of the animal, and the animal is not under restraint. Barking. The phrase "to bark excessively, continuously, or untimely" includes, but is not limited to, barking, whining, howling, baying, crying, or making other noise excessively, such that the creation of the noise by any single or combination of dogs can be heard by any person, including a law enforcement officer or animal control officer, from a location outside of the building or premises where the dog is being kept and which noise occurs repeatedly over at least a five minute period of time with one minute or less lapse of time between each animal noise during the five-minute period. "Untimely" includes, but is not limited to, the noise which occurs repeatedly over a two-minute period of time with one-minute or less lapse of time between each animal noise during the two-minute period, between 10:00 p.m. and 7:00 a.m. Bodily harm. Physical pain or injury, illness, or any impairment of physical condition. Substantial bodily harm. Bodily injury which involves a temporary but substantial disfigurement, or which causes a temporary but substantial loss or impairment of the function of any bodily member or organ, or which causes a fracture of any bodily member. Great bodily harm. Bodily injury which creates a high probability of death, or which causes serious permanent disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily member or organ or other serious bodily harm. City. The City of Excelsior. Commercial kennel. A kennel used for boarding and breeding or selling dogs for a profit. Dangerous animal. An animal, including dangerous dogs, as defined in Minn. Stats. § 347.50, as amended, which has: Without provocation, inflicted substantial bodily harm on a human being on public or private property; or Killed a domestic animal without provocation while off the owner's property; or Been found to be potentially dangerous and, after the owner has received notice that the animal is potentially dangerous, the animal aggressively bites, attacks, or endangers the safety of humans or domestic animals. Dealer. A public or private agency, person, society, or corporation that sells or transfers dogs or cats to corporations, institutions or to other dealers who sell or transfer to corporations or institutions. Domesticated (domestic) animal. Such animals as dogs, cats, caged birds, gerbils, hamsters, guinea pigs, domesticated rabbits, fish, non-poisonous, non-venomous and non-constricting reptiles or amphibians, and other similar domesticated animals. Non-domesticated (non-domestic) animal. Animals which are naturally wild and not naturally trained or domesticated, or which are inherently dangerous to the health, safety, and welfare of people. Unless otherwise defined, such animals shall include: Any member of the cat family (family felidae) including lions, tigers, cougars, bobcats, leopards and jaguars, but excluding commonly accepted domesticated house cats; 181 (2) (3) (4) (5) (6) (1) (2) (3) (4) (1) (2) (3) (a) (b) (c) (d) Any naturally wild member of the canine family (family canidae) including wolves, foxes, coyotes, dingoes, and jackals, but excluding commonly accepted domesticated dogs; Any member or relative of the rodent family including any skunk (whether or not de-scented), raccoon, or squirrel, but excluding those members otherwise defined or commonly accepted as domesticated pets; Any poisonous, venomous, constricting, or inherently dangerous member of the reptile or amphibian families including rattlesnakes, boa constrictors, pit vipers, crocodiles and alligators; and Any other animal which is not explicitly listed above but which can be reasonably defined by the terms of this subsection including, but not limited to, bears, deer, monkeys and other species non-indigenous to Minnesota. Any animal defined as livestock by Minnesota Department of Agriculture Rule 1515.3100. Owner. Any person, firm, corporation, organization, or department possessing, harboring, keeping, having an interest in, or having care, custody, or control of an animal. Potentially dangerous animal. Any animal, including a potentially dangerous dog as defined in Minn. Stats. § 347.50, as amended, that: When unprovoked, inflicts bites on a human or domestic animal on public or private property; or When unprovoked, chases or approaches a person, including a person on a bicycle, upon the streets, sidewalks, or any public or private property, other than the animal owner's property, in an apparent attitude of attack; or Has a known propensity, tendency, or disposition to attack unprovoked, causing injury or otherwise threatening the safety of humans or domestic animals; or Has been declared a potentially dangerous dog or potentially dangerous animal by any lawful authority of this or any other state or subdivision thereof. Premises. A building, structure, shelter, or land where a dog or other domesticated or non-domesticated animal is kept or confined, and specifically excludes all public rights-of-way, sidewalks, and streets. Proper enclosure. Securely confined indoors or in a securely enclosed and locked pen or structure suitable to prevent the animal from escaping and providing protection from the elements for the animal. A proper enclosure does not include a porch, patio, or any part of a house, garage, or other structure that would allow the animal to exit of its own volition, or any house or structure in which windows are open or in which door or window screens are the only obstacles that prevent the animal from exiting. Provocation. An act that an adult could reasonably expect may cause an animal to attack or bite. With regard to an animal other than a dog, provocation also means an act that an adult could reasonably expect may cause an animal of that species to attack or bite. Public nuisance—Animal. Any animal that habitually worries, chases or molests persons travelling peaceably on a public road or off the premises of its owner, or violates a prohibition of this chapter, is a public nuisance. It shall be considered a nuisance for any animal to bark excessively, continuously or untimely; to frequent school grounds, parks, or public beaches; to chase vehicles; to chase, molest, annoy or bite any person if the person is not on the property of the owner or custodian of the animal; to molest, defile or destroy any property, public or private; or to defecate in or upon public property or the property of another without being cleaned up immediately by the person in charge of the animal. The person having custody of the animal is responsible for disposing of the animal feces in a sanitary manner. Failure on the part of the owner or custodian to prevent his animals from committing an act of nuisance shall subject the owner or custodian to the penalty hereinafter provided. Restraint. An animal is considered to be under restraint, provided that: It is on the premises of the person, firm, corporation, organization, or department possessing, harboring, keeping, having an interest in, or having care, custody, or control of the animal; or It is in a private motor vehicle or camper, with secured windows and doors, of a person, firm, corporation, organization, or department possessing, harboring, keeping, having an interest in, or having care, custody, or control of the animal; or In all other locations, other than animals in a designated "off-leash" park, it is on a secure leash of no longer than six feet in length. SLMPD. The South Lake Minnetonka Police Department. (Ord. No. 503, § 1, 10-21-2013) Sec. 6-3. - Registration and licensing requirements. Licensure required. All dogs over the age of six months kept in this City, including those allowed by a multiple dog license, shall be licensed and registered by the owner with the city. The fee for the license and registration shall be set by resolution of the city council. License applications shall be made at the office of the city clerk on city forms, setting forth the name and address of the owner, the name, breed, age, color, and gender of the dog, and such other information as may be considered necessary by the city. Applicants shall provide proof that each dog has current vaccination against rabies. License tags, if issued at the election of the city, shall be securely attached around the dog's neck at all times during the license term. If the tag is lost or stolen, the owner may obtain a duplicate license and tag upon payment of a fee set by resolution of the city council. Term of license. The license period shall be that specified by the city in section 6-19. New residents of city. Any person who moves into and becomes a resident of the city and who owns a dog within the city shall cause the same to be registered and licensed as provided hereinbefore within a period of not more than 30 days after becoming a resident of the city. Transfer of license. The license of any dog, licensed by the city, may be transferred to a new owner of the licensed dog for the duration of that license. The transfer is when the information regarding the new owner is filed with the city clerk. The fee for license transfers shall be set by resolution of the city council.182 (e) (f) (1) (2) (3) (a) (b) Revocation. Any person making any false statement on any license application required by this section shall be guilty of a misdemeanor. The city clerk/treasurer shall revoke any license issued under this section if the owner has made any false statement on the license application. No refund of any fees shall be due to the licensee whose license has been revoked. Reinstatement. Any person whose license has been revoked under this section may reapply for such license after all deficiencies have been corrected. Any person making application after any revocation shall follow the procedures set out for the initial issuance of the license and shall pay the fees in the full amount that would be required for an original license. (Ord. No. 503, § 1, 10-21-2013) Sec. 6-4. - Permitted domesticated animals. Any person may own, keep, harbor, or maintain any of the various domesticated animals, including but not limited to, dogs and cats, adapted so as to live with humans in a tame condition. (Ord. No. 503, § 1, 10-21-2013) Sec. 6-5. - Non-domesticated animals. No person may own, keep, harbor, or maintain any non-domestic animal within the city limits. (Ord. No. 503, § 1, 10-21-2013) Sec. 6-6. - Limitations on number of dogs. Within the limits of the city, no person may own, keep, harbor, or maintain more than two dogs over the age of six months unless a multiple dog license is first obtained from the city. (Ord. No. 503, § 1, 10-21-2013) Sec. 6-7. - Limitations on number of cats. Within the limits of the city, an owner or household may not own, keep, harbor, or maintain more than three cats over the age of six months. (Ord. No. 503, § 1, 10-21-2013) Sec. 6-8. - Animal breeders and dealers. No person, firm, or corporation shall establish, maintain, conduct, or operate a commercial kennel or operate as a breeder or dealer of any animal within this city without first obtaining approval by the city council. (Ord. No. 503, § 1, 10-21-2013) Sec. 6-9. - Running at large. No owner of any animal shall permit such animal to run or move at large at any time within the city. The finding of any animal running at large shall be prima facie evidence of violation of this section by the owner of the animal. (Ord. No. 503, § 1, 10-21-2013) Sec. 6-10. - Impound authority. The animal enforcement officer shall have authority to take into custody and impound those animals, found at large within the city. If the animal enforcement officer is unable to take an animal into custody, the officer may, where possible, follow the animal to the property of its owner, and may issue a citation to the owner for violation of this chapter. The officer shall not take into custody an animal once it is upon the property of its owner except: Where the officer finds no one present upon the property and custody is necessary to prevent the animal from further running at large; or The animal is previously declared as a dangerous dog or dangerous animal; or It is a prohibited non-domesticated animal or which is inherently dangerous and, if left uncontrolled, poses a danger to public health, safety or welfare. (Ord. No. 503, § 1, 10-21-2013) Sec. 6-11. - Animal nuisances. It shall be unlawful for any owner to fail to exercise reasonable care and control of his or her animals to prevent them from becoming a public nuisance. 183 (c) (a) (b) (c) (d) (e) (a) (b) (1) (2) (3) (4) The person having custody of the animal must have in their possession a device for removal of animal feces when in or on any public trail, sidewalk, in any city park, or along any public right-of-way (for example, along roadways and streets), or any other property, public or private, which is not the premises of the person owning, keeping, harboring, or maintaining the animal. No person having custody or control of a domesticated animal shall allow such animal on any public swimming beach or any public grounds where any sign is posted prohibiting animals in that area, except a recognized animal for life assistance. (Ord. No. 503, § 1, 10-21-2013) Sec. 6-12. - Con nement of certain animals. Every female animal in heat shall be confined in a building or other secure enclosure in such manner that such female animal cannot come into contact with another animal, except for planned breeding. (Ord. No. 503, § 1, 10-21-2013) Sec. 6-13. - Impounded animal redemption. Pound. The city shall provide an adequate pound or facilities where animals taken into custody by an animal enforcement officer shall be kept and properly fed and cared for until disposed of according to the provisions of this chapter. Notice of impoundment. Within 24 hours of taking an animal into custody, the animal enforcement officer shall give notice of the animal impoundment to the last known owner(s) and/or custodian(s) of the animal. If no address is available from police records, city license records, or available microchip identification, notice shall be given to the residence with which the animal was last associated. The notice shall reasonably describe the animal and advise that, in the event the animal is not redeemed within five regular business days after a stated date, the animal may be destroyed. Redemption by owner. The owner of any animal seized pursuant to this section may retrieve the animal from the city's animal impound shelter, provided that the owner purchases the appropriate license within seven days, if the animal is not already properly licensed, pays all impound fees to cover the cost of apprehending the animal, boarding fees to cover the cost of sheltering the animal, any veterinary costs incurred by the animal control authority, and any other costs incurred by the animal control authority. Any owner who fails to comply with these requirements within five regular business days, shall be deemed to have forfeited any property right to the animal and the animal control authority may dispose of it, pursuant to subsection (e) of this section. In determining the impounding fee, the city may establish a schedule of fees based on the number of times an animal has been impounded. Boarding fees shall be according to a schedule adopted and maintained by the SLMPD. License fees shall be adopted by the city council by resolution. Disposition of unclaimed or injured animals. Upon expiration of the five regular business day period, an animal in the custody of the animal enforcement officer may be surrendered to the Animal Humane Society or euthanized. Nothing in this chapter shall prevent the Animal Enforcement Officer from causing the animal to be euthanized in less than the five regular business days waiting period as aforesaid where the animal is injured and, in the opinion of the animal enforcement officer or a veterinarian, the only humane act would be one of euthanization. Records kept. The animal enforcement officer shall keep an accurate account of all animals received at the pound and all animals euthanized or released therefrom. (Ord. No. 503, § 1, 10-21-2013) Sec. 6-14. - Rabies control. Rabies vaccination required. It is unlawful for any person to own, keep, harbor, or maintain any animal over the age of six months which is susceptible to rabies unless that animal is vaccinated against rabies. Quarantine of biting animals. Upon a written report being filed with the animal control authority stating that an animal has bitten a human being and setting forth the name of the animal, if known, and the name and address of the owner or custodian, if known, the name of the person bitten and when and where the incident occurred, the animal enforcement officer shall order the animal quarantined for a period of ten days. During quarantine, the animal shall be securely confined and kept from contact with any other animals. At the discretion of the animal enforcement officer, the quarantine may be on the premises of the owner. If the animal enforcement officer so requires, the owner shall, at his or her own expense, place the animal in a veterinary hospital for the period of confinement or surrender the animal to the animal enforcement officer for confinement. The animal shall not be released from confinement until the animal control officer has determined that the animal is free from rabies and until the owner has paid the costs of any veterinary tests made upon the animal, as well as the costs of any confinement on premises other than that of the owner. If the costs are not paid by the owner or custodian within ten days following written notice to the owner or custodian that the animal is available for release, the animal enforcement officer shall forthwith cause the animal to be surrendered to the Animal Humane Society or to be euthanized. Any person who shall fail to deliver to the animal enforcement officer any animal which has bitten a human being and against which a sworn, written complaint has been filed, shall be guilty of a misdemeanor. Each day's neglect or failure to comply with the provisions of this subdivision shall be deemed a separate offense. 184 (5) (6) (c) (a) (1) (2) (3) (4) (5) (6) (7) (8) (b) (1) a. 1. 2. 3. 4. b. 1. 2. 3. A dog or other animal displaying symptoms of being rabid may be seized at any place or time and shall be confined in the city impounding facility at the expense of the owner until found to be free from rabies. If a dog or other animal appears to be diseased, vicious, dangerous, rabid, or has been exposed to rabies, and the dog or other animal cannot be impounded without serious risk of personal injury, the dog or other animal may be destroyed, if reasonably necessary for the safety of any person or persons. Rabies in city, proclamation. The city adopts Minn. Stats. §§ 35.68 and 35.69, and any revisions thereof, regarding rabies proclamations. (Ord. No. 503, § 1, 10-21-2013) Sec. 6-15. - Abuse/neglect of animals. Improper care. Food. Animals must be provided with food of sufficient quantity and quality to allow for normal growth and maintenance of body weight. Water. Animals must be provided with clean, fresh water in sufficient quantity to satisfy the animal's needs or supplied by free choice. Snow or ice is not an adequate water supply. Shelter. Animals must be provided with proper shelter and protection from the weather. A person in charge or control of any animal which is kept outdoors or in an unheated enclosure shall provide the animal with shelter and bedding as prescribed in this section as a minimum. The shelter shall include a moisture proof and wind proof structure of suitable size to accommodate the animal and allow retention of body heat. It shall be made of durable material with a solid, moisture-proof floor or a floor raised at least two inches from the ground. Between November 1 and March 31, the structure must have a windbreak at the entrance. The structure shall be provided with a sufficient quantity of suitable bedding material consisting of hay, straw, cedar shavings, blankets, or the equivalent, to provide insulation and protection against cold and dampness and promote retention of body heat. Shade from the direct rays of the sun, during the months of May to October shall be provided. Sanitation. It shall be unlawful for any person to allow food and water receptacles, kennels, yards, or the premises where the animal is kept to be or to remain in an unhealthy, unsanitary, or obnoxious condition, or to permit the premises to be in such condition that obnoxious odors can be plainly detected on adjacent public or private property. Veterinary care. The owner or custodian of a domesticated animal shall provide adequate health care, including parasite and pest control, and care needed to prevent suffering. Cruelty to animals. It shall be unlawful for any owner to beat, cruelly ill-treat, torment or otherwise abuse or neglect any animal. A person may not inflict cruelty on a pet or companion animal by the use of a cruel training or handling device or method. Interpretation of terms. A dispute as to the meaning of abuse, cruelty, neglect or adequate healthcare shall be resolved by an expert opinion. Animals in motor vehicles. A person may not leave an animal unattended in a standing or parked motor vehicle in a manner that endangers the animal's health or safety. Animals carried in open vehicles, including trucks, boats, motorcycles, dirt bikes, trailers, etc., must be restrained in a crate or carrier or restrained by a chain or cable to prevent the animal from leaving the vehicle or being tossed out. Removal of animals. A peace officer, animal enforcement officer, or a volunteer or professional member of a fire or rescue department of a political subdivision may use reasonable force to enter a motor vehicle and remove an animal which has been left in the vehicle in violation of this section. A person removing an animal under this subdivision shall use reasonable means to contact the owner of the animal to arrange for its return home. If the person is unable to contact the owner, the person may take the animal to an animal shelter. (Ord. No. 503, § 1, 10-21-2013) Sec. 6-16. - Dangerous animals and potentially dangerous animals. The city is authorized pursuant to Minn. Stats. § 347.53 to regulate potentially dangerous and dangerous dogs or other animals. Potentially dangerous animals; declaration. The animal control authority shall make such declaration upon a finding that the animal in question: When unprovoked, inflicts bites on a human or domestic animal on public or private property; or When unprovoked, chases or approaches a person, including a person on a bicycle, upon the streets, sidewalks, or any public or private property, other than the animal owner's property, in an apparent attitude of attack; or Has a known propensity, tendency, or disposition to attack unprovoked, causing injury or otherwise threatening the safety of humans or domestic animals; or Has been declared a potentially dangerous animal by any lawful authority of this or any other state or subdivision thereof. In making such a determination, the animal enforcement officer may rely upon any or all of the following: Citizen complaint from an identified member of the public; Police or citizen reports of running at large or other public nuisance; 185 4. (2) a. b. c. (3) a. 1. 2. 3. b. 1. 2. 3. 4. (4) a. b. 1. 2. 3. 4. c. d. e. f. 1. 2. 3. Citation or convictions of an ordinance or statutory violation independent of site of violation involving the animal in question with the exception of a charge of failure to license; Determination by any state or subdivision thereof that the animal in question is a potentially dangerous animal. Potentially dangerous animals; requirements. Microchip identification. The owner of a potentially dangerous animal must have a microchip implanted in the animal for identification, and the name of the microchip manufacturer and identification number of the microchip must be provided to the animal control authority. If the microchip is not implanted by the owner, it may be implanted by the animal control authority. In either case, all costs related to purchase and implantation of the microchip must be borne by the animal's owner. It is a misdemeanor to remove a microchip from a dangerous or potentially dangerous animal. Confinement. All potentially dangerous animals shall be securely confined indoors or in a securely enclosed and locked pen, kennel, or fenced yard, except when leashed as required. Confinement does not include a porch, patio, unfenced yard, "invisible fence" or any part of a house, garage, cage, or other structure that would allow the animal to exit of its own volition or any house or structure in which screens are the only obstacles to preventing the animal from exiting. Impoundment. Any potentially dangerous animal found off the premises of the owner, harborer, keeper, or custodian of same, is subject to immediate seizure and impoundment. Dangerous animals; declaration. The animal control authority shall make such declaration upon a finding that the animal in question has: Without provocation, inflicted substantial bodily harm on a human being on public or private property; or Killed a domestic animal without provocation while off the owner's property; or Been found to be potentially dangerous and, after the owner has notice that the animal is potentially dangerous, the animal aggressively bites, attacks, or endangers the safety of humans or domestic animals. In making such a determination, the animal enforcement officer may rely upon any or all of the following: Citizen complaint from an identified member of the public; Police or citizen reports of running at large or other public nuisance; Citation or convictions of an ordinance or statutory violation independent of site of violation involving the animal in question with the exception of a charge of failure to license; Determination by any state or subdivision thereof that the animal in question is a dangerous animal. Dangerous animals; registration. Requirement. No person may own a dangerous animal in the cityunless the animal is registered as provided in this section. Registration. The animal control authority shall issue a certificate of registration to the owner of a dangerous animal, if the owner presents sufficient evidence that: A proper enclosure exists for the dangerous animal and a posting on the premises with a clearly visible warning sign that there is a dangerous animal on the property, including a warning symbol to inform children; A policy of liability insurance issued by an insurance company authorized to conduct business in this state in the amount of at least $1,000,000.00 insuring the owner for any personal injuries inflicted by the dangerous animal; The owner has paid an annual fee to the SLMPD, in addition to any regular licensing fees, to obtain a certificate of registration for a dangerous animal under this section; and The owner has had microchip identification implanted in the dangerous animal. Warning symbol. If the animal control authority issues a certificate of registration to the owner of a dangerous animal pursuant to subsection 6-16(4)b., the animal control authority must provide, for posting on the owner's property, a copy of a warning symbol to inform children that there is a dangerous animal on the property. The warning symbol must be the uniform symbol provided by the Minnesota Commissioner of Public Safety. The animal control authority may charge the registrant a reasonable fee to cover its administrative costs and the cost of the warning symbol. Dangerous animal designation review. Beginning six months after an animal is declared dangerous, an owner may request annually that the designating animal control authority review the designation. The owner must provide evidence that the animal 's behavior has changed due to age, neutering, environment, completion of obedience training that includes modification of aggressive behavior, or other factors. If the animal control authority finds sufficient evidence that the animal's behavior has changed, the authority may rescind the dangerous animal designation. Law enforcement; exemption. The provisions of this section do not apply to dogs used by law enforcement officials for police work. Exemption. Animals may not be declared dangerous if the threat, injury, or damage was sustained by a person: Who was committing, at the time, a willful trespass or other tort upon the premises occupied by the owner of the animal; Who was provoking, tormenting, abusing, or assaulting the animal or who can be shown to have repeatedly, in the past, provoked, tormented, abused, or assaulted the animal; or Who was committing or attempting to commit a crime.186 g. (5) a.1. 2. 3. 4. 5. 6. b. c. (6) a. 1. i. ii. iii. iv. v. 2. b. Tag. A dangerous animal registered under this section must have a standardized, easily identifiable tag identifying the animal as dangerous and containing the uniform dangerous animal symbol, affixed to the animal's collar at all times. Dangerous animals; requirements. An owwner of a dangerous animal shall keep the animal, while on the owner's property, in a proper enclosure. If the animal is outside the proper enclosure, the animal must be muzzled and restrained by a substantial chain or leash and under the physical restraint of a responsible adult. The muzzle must be made in a manner that will prevent the animal from biting any person or animal but that will not cause injury to the animal or interfere with its vision or respiration. The owner of a dangerous animal must have a microchip implanted in the animal for identification, and the name of the microchip manufacturer and identification number of the microchip must be provided to the animal control authority. If the microchip is not implanted by the owner, it may be implanted by the animal control authority. In either case, all costs related to purchase and implantation of the microchip must be borne by the animal's owner. It is a misdemeanor to remove a microchip from a dangerous or potentially dangerous animal. An owner of a dangerous animal must renew the registration of the animal annually until the animal is deceased. If the animal is removed from the jurisdiction, it must be registered as a dangerous animal in its new jurisdiction. An owner of a dangerous animal must notify the animal control authority in writing of the death of the animal or its transfer to a new location where the animal will reside, within 30 days of the death or transfer, and must, if requested by the animal control authority, execute an affidavit under oath setting forth either the circumstances of the animal's death and disposition or the complete name, address, and telephone number of the person to whom the animal has been transferred or the address where the animal has been relocated. An animal control authority shall require a dangerous animal to be sterilized at the owner's expense. If the owner does not have the animal sterilized within 30 days, the animal control authority shall seize the animal and have it sterilized at the owner's expense. A person who owns a dangerous animal and who rents property from another where the animal will reside must disclose to the property owner prior to entering the lease agreement and at the time of any lease renewal that the person owns a dangerous animal that will reside at the property. Right to hearing. The owner of any animal declared dangerous has the right to a hearing concerning the dangerous dog or dangerous animal declaration and, if applicable, prior potentially dangerous dog or potentially dangerous animal declarations for the animal. The animal owner must make the request in writing, on a form provided by the SLMPD, within 14 days of receiving notice of the declaration. Failure to do so within 14 days of the date of receiving the notice will terminate the owner's right to a hearing under this section. Any hearing must be held within 14 days of the request to determine the validity of the declaration. The hearing officer must be an impartial person retained by the city or by the SLMPD to conduct the hearing. In the event that the declaration is upheld by the hearing officer, actual expenses of the hearing up to a maximum of $1,000.00 will be the responsibility of the animal's owner. The hearing officer shall issue a decision on the matter within ten days after the hearing. The decision must be delivered to the animal's owner by hand delivery or registered mail as soon as practical and a copy must be provided to the animal control authority. Requirements during appeals process. While awaiting final disposition of an appeal of a dangerous animal declaration, the owner of the animal shall keep the animal, while on the owner's property, in a proper enclosure. If the animal is outside the proper enclosure, it must be muzzled and restrained by a substantial chain or leash and under the physical restraint of a responsible person. The muzzle must be made in a manner that will prevent the animal from biting any person or animal but that will not cause injury to the animal or interfere with its vision or respiration. A person who transfers ownership of a dangerous dog or dangerous animal must notify the new owner that the animal control authority has identified the animal as dangerous. The current owner must also notify the animal control authority in writing of the transfer of ownership and provide the animal control authority with the new owner's name, address, and telephone number. Confiscation. Seizure. The animal control authority having jurisdiction shall immediately seize any dangerous animal if: After 14 days after the owner has notice that the animal is dangerous, the animal is not validly registered under this section; or After 14 days after the owner has notice that the animal is dangerous, the owner does not secure the proper liability insurance or surety coverage as required under this section; or The animal is not maintained in the proper enclosure; or The animal is outside the proper enclosure and not under physical restraint of a responsible person as required in the previous section. The animal is not sterilized within 30 days. If an owner of an animal is convicted of a crime for which the animal was originally seized, the court may order that the animal be confiscated and may be disposed of in a manner permitted by law and that the owner pay the costs incurred in confiscating, confining, and destroying the animal. Animals reclaimed. A dangerous animal seized under subsection 6-16(6)a. may be reclaimed by the owner of the animal, upon payment of impounding and boarding fees, and presenting proof to the animal control authority that the requirements of the previous section will be met. An animal not reclaimed under this subdivision within seven days may be surrendered to the Animal Humane Society or humanely euthanized, and the owner is liable to the animal control authority for costs incurred in confining and disposing of the animal.187 (7) a. 1. 2. 3. 4. b. (a) (b) (c) Destruction of animals in certain circumstances. Circumstances. An animal may be destroyed in a proper and humane manner by the animal control authority if the animal: Inflicted substantial or great bodily harm on a human on public or private property without provocation; or Inflicted multiple bites on a human on public or private property without provocation; or Bit multiple human victims on public or private property in the same attack without provocation; or Bit a human on public or private property without provocation in an attack where more than one animal participated in the attack. Right to hearing. The animal control authority may not destroy an animal until the animal owner has had the opportunity for a hearing before an impartial hearing officer designated by the animal control authority. The animal owner must request a hearing within 14 days after the animal control authority provides notice that it intends to destroy the animal. (Ord. No. 503, § 1, 10-21-2013) Sec. 6-17. - Penalties for violation. A person who violates a provision of this chapter is guilty of a misdemeanor. (Ord. No. 503, § 1, 10-21-2013) Sec. 6-18. - Enforcement. Citations are issued for certain violations. The animal control officer or police officer is authorized to issue a citation to any person, firm, or entity for any alleged violations of this chapter and any other ordinances or statutes which provide the basis for prosecution of violations of this chapter. Nothing within this chapter shall be construed to limit the authority of animal control officers or police officers to enforce any provisions of this chapter or related statutes or ordinances. (Ord. No. 503, § 1, 10-21-2013) Sec. 6-19. - Appendices. Dog licenses issued in Excelsior are valid for the period of January 1 until the following December 31. No person shall own, keep, harbor, or maintain, or otherwise house more than a combined total of four cats or dogs over the age of six months, nor more than three of the same species, within any household in the city unless authorized by section 6-8. Domesticated animals shall be leashed at all times. (Ord. No. 503, § 1, 10-21-2013) 188 (1) (2) (1) a. b. c. (2) (3) (4) (5) (a) (b) (c) Title 3 - ANIMALS Footnotes: --- (1) --- State Law reference— Cruelty to animals, Minn. Stats. § 343.20 et seq.; animals, generally, Minn. Stats. ch. 346; dogs and cats, Minn. Stats. ch. 347. CHAPTER 3-1. - ANIMAL CONTROL Sec. 3-1-1. - De nitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Animal means any living creature, excluding humans and plants. Animal control officer means any employee of the city who holds that employment position and job classification within the city. Animal control unit means that operational unit or any employees of the city assigned to that unit within the police department that is primarily responsible for responding to animal-related problems and the enforcement of this chapter and related ordinances and statutes. At large means, for an on-leash area, not under the control of the owner or some other person of suitable age and discretion by leash, chain, or cable, none of which may be longer than ten feet in length, or fence, kennel, or other suitable enclosure. The term "at large" means, for an off-leash area, not under the control of the owner or some other person of suitable age and discretion by command or by leash, chain, cable, fence, kennel, or other suitable enclosure. An animal enclosed within a residence, dwelling, business, or other structure so that it cannot leave on its own volition shall not be considered at large. Breeder means any person who raises litters of animals from birth through weaning with the intention of doing so as a business for profit. By command means the dog must be under the control of the responsible person by command, must remain within sight of the responsible person, and must be adequately trained to return to the responsible person when called. Off-leash area means any of the following areas: Any park, portion of park land, or public place that is not described in the definition of the term "on-leash area," as provided in this section; or Any public place posted with a sign that reads "Off-Leash Area." On-leash area means any of the following areas: Any portion of a city park, except for a city dog park, located within: 25 feet of locations where special events, concerts, or organized sporting events are being held, except for organized events where dogs are the participants; 25 feet of playgrounds, built structures, paved areas, picnic shelters, or sports fields during such time when others are present at any of these facilities; or A 25-foot trail corridor centered on any maintained trail; Any portion of Quarry Hill Park, except for the unimproved field located south of the baseball diamonds in the southwest corner of the park; Any public street or sidewalk; Any public place posted with a sign that reads "On-Leash Area"; or Any private property unless with the consent of the property owner. Owner means any person owning, keeping, harboring or maintaining an animal within the city or permitting such animal to be at large within the city. An animal shall be deemed to be harbored if it is fed or sheltered for three days or more. (Code 1965, § 106A.01; Ord. No. 4201, 7-20-2015; Ord. No. 4361, § 1, 1-23-2019) Sec. 3-1-2. - Permitted domesticated animals. Any person may own, keep, harbor or maintain any domesticated animal that is not susceptible to rabies. Any person may own any domesticated animal which is susceptible to rabies if it can be vaccinated for rabies and it has been vaccinated with a vaccine licensed for use specifically for that species of animal. Based on current knowledge, the following animals can be legally vaccinated for rabies: dogs, cats, ferrets, cattle, sheep and horses. However, the latter three are considered livestock and therefore not permitted in the city due to zoning regulations. It shall be unlawful to own, keep, harbor or maintain any domesticated animal which is susceptible to rabies and which has not been vaccinated with an approved vaccine. However, the keeping of pigeons shall be permitted in accordance with chapter 3-3 and the keeping of chickens shall be permitted in accordance with chapter 3-4. 189 (a) (b) (c) (d) (e) (a) (b) (1) (2) (3) (4) (5) (6) (7) (8) (c) (1) (2) (3) (4) (Code 1965, § 106A.02) Sec. 3-1-3. - Ownership limits. No person shall keep nine or more multiple animals over the age of six months within any household in the city. The term "multiple animals" means two or more cats, dogs or ferrets. Notwithstanding any provision to the contrary, no person shall keep six or more dogs over the age of six months within any household in the city. These limits do not apply if a breeder's permit is applied for and issued pursuant to section 3-1-18. For the purposes of this section, the term "household" refers to a single-family residence or single unit of a town home, condominium, apartment or comparable structure which is rented, leased or used as a single unit. This section shall not be construed to limit the ability of apartment managers, landlords, town home associations or other representatives of property owners to impose greater restrictions. Any person who owned six, seven or eight dogs prior to the effective date of the ordinance from which this chapter is derived shall be permitted to keep those animals, provided that those animals resided in that household and were properly licensed prior to November 15, 2006. No person affected by this subsection shall be permitted to acquire any additional dogs or to replace any dogs in excess of five except as provided under section 3-1-18 (breeder's permit) or as specifically authorized by the city council. Any person who moves into the city may bring into the city any number of cats, dogs or ferrets that do not exceed the limits identified in this section. The animals must be microchipped or provided with an ID tag meeting the requirements of this chapter within 30 days of establishing residence in the city. Any person who currently owns cats, dogs or ferrets who becomes a resident of the city by annexation shall be permitted to keep those animals, provided that those animals are microchipped or provided with an ID tag meeting the requirements of this chapter within 30 days following approval of the annexation. No person affected by this subsection who owns more than five dogs, or a total of eight cats, dogs or ferrets, shall be permitted to acquire any additional cats, dogs or ferrets or to replace any cats, dogs or ferrets in excess of the limits established in this section except as provided under section 3-1-18 (breeder's permit) or as specifically authorized by the city council. Persons who are not defined as breeders as set forth by section 3-1-1 may breed any cat, dog or ferret and raise litters. The total number of cats, dogs or ferrets kept within the household must be reduced to the limits established in this section within six months of birth. (Code 1965, § 106A.03; Ord. No. 3793, 11-6-2006; Ord. No. 4191, 4-20-2015) Sec. 3-1-4. - Prohibited wild animal. It shall be unlawful to keep any wild animal within the city limits, except as permitted pursuant to the provisions of this section. As used in this section, the term "wild animal" means any animal, mammal, amphibian or reptile which is of a species which is wild by nature or of a species which, due to size, vicious nature or other characteristics, is inherently dangerous to human beings. Examples of wild animals, without limitation, are: Any large cat of the family Felidae, such as lions, tigers, jaguars, leopards, cougars and ocelots, except domestic house cats. Any member of the family Canidae, such as wolves, hybrid wolves, coyotes, dingoes and jackals, except domesticated dogs. Any crossbreed such as crossbreeds between dogs and coyotes, and dogs and wolves, but does not include crossbred domesticated animals. Any poisonous snake, including, but not limited to, rattlesnakes, coral snakes, water moccasins, puff adders or cobras. Any skunk, raccoon, fox or animal protected under state or federal wildlife regulations. Any bear, ape, monkey in excess of five pounds, or badger. Any porcine, including, but not limited to, pot-bellied pigs. Any other animal, bird or reptile which is commonly considered wild and not domesticated. Exceptions to the definition of the term "wild animal" are: Nonpoisonous snakes, domesticated birds, hamsters, mice, rabbits, lizards, spiders and other similar small animals capable of being kept in cages, including rats, if purchased from a bona fide pet store; Medically prescribed companion animals; Wildlife rehabilitators may only possess animals with a state department of natural resources permit. Such animals will be kept in a manner as to not create unsanitary conditions or unreasonable noise; Birds and birds of prey if kept pursuant to a valid U.S. Fish and Wildlife Services permit. (Code 1965, § 106A.04) Sec. 3-1-5. - Identi cation requirements. It is unlawful for any person to keep, harbor or maintain a dog, cat or ferret over the age of four months unless it has an ID tag, to be worn at all times, that has on it the owner's name and contact information, including a valid telephone number, or unless it is microchipped with the microchip data contact information kept up to date. However, if the animal is harbored or kept on the premises of a recognized humane society shelter or pet store it need not have an ID tag or be microchipped. (Code 1965, § 106A.05; Ord. No. 4191, 4-20-2015) 190 (a) (b) (a) (b) (a) (b) (c) (1) (2) (3) (4) (5) (6) (7) (d) (a) (b) (c) Sec. 3-1-6. - Vaccination certi cates, fees and enforcement; rabies vaccination required. It is unlawful for any person to keep, harbor, or maintain any animal over the age of four months which is susceptible to rabies unless that animal has a current rabies vaccination or unless otherwise specified by a licensed veterinarian. (Code 1965, § 106A.06; Ord. No. 4191, 4-20-2015) Sec. 3-1-7. - Running at large. Any animal except cats. No owner of any animal, except a cat, whether kept, harbored, or maintained within or without the city, shall permit or suffer such animal to run or move at large at any time within the city. For the purpose of this section, every such animal at large shall be deemed at large with the permission and at the sufferance of its owner, and in the event of a violation of the provisions of this section, it shall be no defense that the offending animal escaped or is otherwise at large without the permission or sufferance of its owner. Cats. Notwithstanding the provisions of subsection (a) of this section, the owner of a cat shall not permit such animal to be at large on public property or on the private property of another unless the owner of such property actually consents thereto. (Code 1965, § 106A.09; Ord. No. 4191, 4-20-2015) Sec. 3-1-8. - Condition of premises; excrement. Dog and cat excrement. It is unlawful for any person who owns or has custody of a dog or cat to cause or permit such animal to defecate on any private property without the consent of the property owner or on any public property, unless such person immediately removes the excrement and places it in a proper receptacle. The provisions of this subsection shall not apply to Seeing-Eye dogs under the control of a blind person or dogs while being used in city police activity. Penalty. Violation of this section shall be a petty misdemeanor. (Code 1965, § 106A.09) Sec. 3-1-9. - Barking dogs. Nuisance. It shall constitute a nuisance and be unlawful if any dog barks, whines, howls, bays, cries or makes other noise excessively so as to cause annoyance, disturbance or discomfort to any reasonable person of ordinary sensibilities, provided that such noise lasts for a period of more than five minutes continuously or intermittent barking that continues for more than one hour and is plainly audible outside the property limits of where the dog is kept. It shall not be a violation of this section if the dog was barking, crying or making other noise due to harassment or injury to the dog or a trespass upon the premises where the dog is located. Penalty. A first time violation of this section shall be deemed a petty misdemeanor. Seizure; noise abatement. Any police officer or animal control officer may enter onto private property and seize any barking dog, provided that the following conditions exist: There is an identified complainant other than the police or animal control officer making a contemporaneous complaint about the barking; The officer reasonably believes that the barking meets the criteria set forth in subsection (a) of this section; The officer can demonstrate that there has been at least one previous complaint of a dog barking at this address on a prior date; The officer has made reasonable attempts to contact the owner of the dog or the owner of the property and those attempts have either failed or have been ignored; The seizure will not involve forced entry into a private residence. Use of a passkey obtained from a property manager, landlord, innkeeper, or other person authorized to have such a key shall not be considered as a forced entry; No other less intrusive means to stop the barking is available; and Written notice of the seizure is left in a conspicuous place if personal contact with the owner of the dog is not possible. Disposition of seized animals. Any dog seized under the provisions of subsection (c) of this section shall be taken to the animal control shelter and kept there to be reclaimed by the owner. No impound fee shall be charged unless the circumstances indicate that the owner failed to cooperate with or obstructed an animal control or police officer's attempts to abate the noise through other less intrusive means. The owner shall pay all other fees required under section 3-1-13. Any dog seized under subsection (c) of this section which is unclaimed may be disposed of according to the provisions of section 3-1-14. (Code 1965, § 106A.10) Sec. 3-1-10. - Abuse/neglect of animals. Food. Animals must be provided with food of sufficient quantity and quality to allow for normal growth and maintenance of body weight. Water. Animals must be provided with clean, fresh water in sufficient quantity to satisfy the animal's needs or supplied by free choice. Snow or ice is not an adequate water supply. 191 (d) (e) (f) (g) (h) (a) (b) (a) (b) Transportation. Animals must be contained within the passenger section of any vehicle or placed in crates or carriers of sufficient size to accommodate the animal. Animals carried in open vehicles, including trucks, boats, motorcycles, dirt bikes, trailers, etc., must be restrained in a crate or carrier or restrained by a chain or cable to prevent the animal from leaving the vehicle or being tossed out. Shelter. Animals must be provided with shelter at all times during inclement weather. The shelter must be large enough to comfortably accommodate the animal, be windproof and waterproof and contain enough bedding to provide the animal with insulation against the elements. Shade must be provided at all times during the months of May through October. Sanitation. It shall be unlawful for any person to allow food or water receptacles, kennels, yards or the premises where the animal is kept to be or to remain in an unhealthy, unsanitary, or obnoxious condition or to permit the premises to be in such condition that obnoxious odors can be plainly detected on adjacent public or private property. Enforcement. An animal control officer or a police officer may issue a citation to the owner of any animal and/or remove any such animal from any premises if the welfare of that animal is threatened due to a violation of this section. Reclaiming neglected animals. Any animal removed from any premises pursuant to subsection (f) of this section may be reclaimed by the owner within five working days from the time the animal was taken, provided that all conditions for which the animal was removed have been corrected. The owner shall also be liable for payment of all boarding fees to the city. Any animal not reclaimed within the time allowed may be disposed of pursuant to section 3-1-14. Abandonment. Any animal left at the animal shelter by the owner, keeper, or caretaker beyond five working days after being notified as required by section 3-1- 13, shall be deemed abandoned and may be disposed of according to section 3-1-14. The owner shall be liable for payment of all fees and expenses incurred by the city for the care and/or disposal of the animal. (Code 1965, § 106A.11) Sec. 3-1-11. - Apprehension of animals. Seizure of animals at large. An animal control officer may apprehend and take possession of any animal at large. Any animal apprehended by an animal control officer may be conveyed to the city animal shelter to be there confined until released or disposed of as hereinafter provided. Seizure of unlicensed or unvaccinated animals. Any animal control officer or police officer may seize any animal which is not licensed or not vaccinated or the possession of which is prohibited within the city, provided that the officer can demonstrate that the owner or other person in control of such animal has been warned or cited for at least three previous violations of section 3-1-5 or 3-1-6. Any animal seized under this section shall be taken to the shelter and held according to the provisions of section 3-1-13. Any other prohibited animal shall be confined by the animal control unit in an appropriately secure place and disposed of according to state law. (Code 1965, § 106A.12) Sec. 3-1-12. - Notice of apprehension. Within 48 hours after apprehending any properly identified dog or cat, pursuant to section 3-1-11, the animal control unit shall make reasonable efforts to contact the owner at the address/telephone number listed on the ID tag or available from the microchip. (Code 1965, § 106A.13; Ord. No. 4191, 4-20-2015) Sec. 3-1-13. - Reclaiming animals from the animal shelter. Within the time limit set forth in section 3-1-14, the owner of any animal seized pursuant to this chapter may retrieve the animal from the city animal shelter, provided the owner first purchases the appropriate license, pays all impound fees to cover the cost of apprehending the animal, boarding fees to cover the cost of sheltering the animal, pays any veterinary costs incurred by the city, and pays any other costs incurred by the city. Additionally, if vaccination is required, the owner must make arrangements to have the animal appropriately vaccinated by a veterinarian in the presence of an animal control officer prior to being released from the shelter. Any owner who fails to comply with these requirements within five working days shall be deemed to have forfeited any property right to the animal and the city may dispose of it pursuant to section 3-1-14. The council may from time to time amend the fees and penalties set forth in subsection (a) of this section by resolution. A copy of the resolution setting forth the currently effective fees shall be kept on file at the animal shelter. (Code 1965, § 106A.14) Sec. 3-1-14. - Disposing of unclaimed animals. If any animal apprehended by the animal control unit is not claimed by its owner within five days after the date of apprehension, excluding holidays or other days the animal shelter is closed, the animal control unit shall cause the animal to be destroyed in a humane way or may allow the animal to be adopted by any other interested person over the age of 18 after payment of such fees as may be determined by the council. (Code 1965, § 106A.15) Sec. 3-1-15. - O enses.192 (a) (b) (a) (b) (1) (2) (3) (c) (a) (b) (c) (d) (e) Generally. No person shall break open the animal shelter or attempt to do so, or take or attempt to take from an animal control officer or any police officer or any other authorized representative of the city, any animal taken up or apprehended in compliance with this chapter or in any manner intentionally interfere with or hinder such persons in the discharge of their duties under this chapter. Citations for certain violations. The animal control unit is authorized to issue a citation to any person, firm, or entity for any alleged violations of this chapter and any other ordinance or statute which provides the basis for prosecution of violations of this chapter. Nothing within this chapter shall be construed to limit the authority of police officers to enforce any provisions of this chapter or related statues or ordinances. (Code 1965, § 106A.16) Sec. 3-1-16. - Animal bites. Whenever any animal shall have bitten a person or there is good reason to believe that such animal has bitten a person, such fact shall be reported within 24 hours to the county health department and, thereafter, the owner of such animal shall comply with the instructions of said department concerning such animal. (Code 1965, § 106A.17) Sec. 3-1-17. - Dangerous dogs. The provisions of Minn. Stats. §§ 347.50—347.565, relating to the regulation of dangerous dogs, are hereby incorporated by reference and adopted as part of this section. The city clerk shall establish and maintain a list of qualified impartial hearing officers who may be assigned to conduct hearings required by these sections. Potentially dangerous dogs shall be regulated under Minn. Stats. §§ 347.50—347.565 the same as if they were dangerous dogs. Notwithstanding the provisions of Minn. Stats. §§ 347.50—347.565, the following provisions shall apply: The definition of the term "proper enclosure" shall be expanded to include a fenced-in yard that prevents the dog from leaving the property and to which the public cannot gain access; The dog owner shall not be required to have the dog sterilized; and A surety bond or policy of liability insurance in the amount of $25,000.00 shall be required if the hearing officer determines that the dog is potentially dangerous as a result of biting a human. No person shall take a dog that has been declared dangerous or potentially dangerous into the city's dog parks or trails unless the dog is muzzled and restrained by a substantial chain or leash, and is under the physical restraint of a responsible person. (Code 1965, § 106A.18; Ord. No. 3890, 10-6-2008; Ord. No. 4037, 11-7-2011; Ord. No. 4201, 7-20-2015) Sec. 3-1-18. - Animal breeders. Permit required. No person, business, corporation or other entity may breed, whelp or raise dogs or cats for profit or sale within the city unless the person, business, corporation or other entity has obtained a breeder's permit from the city. Application for breeder's permit. Anyone making application for a breeder's permit must provide the following information to the office of the city clerk: applicant's name, applicant's address, address of the location of where the breeding, whelping or raising will occur, the types and breeds of animals concerned and the numbers of adult animals to be kept for breeding purposes. The applicant must also demonstrate that the location where the breeding, whelping or raising will occur is suitably zoned for such activity or must obtain a variance from the city council. Approval of permit. After application for a breeder's permit has been made, a copy of the application shall be forwarded to the animal control unit. The animal control unit will inspect the facility to ensure that it is suitable for its intended purpose. The breeder's permit will be issued by the city clerk's office after the facility described in the application has been inspected and approved by the animal control unit and after the applicant has paid the permit fee. The fee for a breeder's permit shall be set by resolution of the city council. Permit duration. A breeder's permit, once issued, will expire on January 31 of the second January after the issue date. The fee will be prorated at the rate of 1/12 of the annual fee for each of the remaining months of the year when the breeder's permit is purchased. Inspection of premises after issuance of permit. Any animal control officer, police officer, building inspector or other agent of the city may inspect any premises licensed under this section at any reasonable time, with or without prior notice, to determine whether or not conditions of the premises are maintained in a proper manner. (Code 1965, § 106A.19) Sec. 3-1-19. - Penalties. Unless otherwise specified, violations of this chapter are declared to be misdemeanor offenses and are punishable by a fine of up to $1,000.00 and/or 90 days in jail. (Code 1965, § 106A.20) 193 (a) (1) (2) (3) (4) (5) a. b. (b) (c) State Law reference— Authorized penalty for ordinance violations, Minn. Stats. §§ 609.0332, 609.034. Sec. 3-1-20. - Quarantine of unvaccinated animal. The owner of an animal that inflicts a bite on a human shall provide to animal control evidence that the animal is current on its rabies vaccination. Animal control may seize and hold such animal at the city's animal pound for a period of not less than ten days if evidence of a current rabies vaccination is not presented or otherwise of record. The animal may be reclaimed by the owner upon payment of impounding and boarding fees. An animal not reclaimed under this section within seven days may be disposed of, and the owner is liable to the animal control authority for costs incurred in confining and disposing of the animal. (Code 1965, § 106A.21) Sec. 3-1-21. - Restrictions. Dog ownership prohibited. Except as provided in subsection (c) of this section, no person may own a dog if the person: Has been convicted of a third or subsequent violation of this chapter, or of Minn. Stats. § 347.51, 347.515 or 347.52; Has been convicted of a violation of Minn. Stats. § 609.205(4); Has been convicted of a gross misdemeanor violation of Minn. Stats. § 609.226, subd. 1; Has been convicted of a violation of Minn. Stats. § 609.226, subd. 2; or Has had a dog destroyed pursuant to Minn. Stats. § 347.56 or Minn. Stats. ch. 106A and: Has been convicted of one or more violations of Minn. Stats. § 347.51, 346.515, or 347.52; or Has been convicted of one or more violations of Minn. Stats. § 609.226, subd. 2, or has been convicted of one or more violations of this section. Household members. If any member of a household is prohibited from owning a dog, as provided in subsection (a) of this section, unless specifically approved in writing with or without restrictions by the animal control unit, no person in the household is permitted to own the dog. Dog ownership prohibition review. Beginning three years after a conviction under subsection (a) of this section that prohibits a person from owning a dog, and annually thereafter, the person may request that the animal control unit review the prohibition. The animal control unit may consider such facts as the seriousness of the violations that led to the prohibition, any criminal convictions, or other facts that the animal control unit deems appropriate. The animal control unit may rescind the prohibition entirely or rescind it with limitations. The animal control unit also may establish conditions a person must meet before the prohibition is rescinded, including, but not limited to, successfully completing dog training or dog handling courses. If the animal control unit rescinds a person's prohibition and the person subsequently fails to comply with any limitations imposed by the animal control unit or the person is convicted of any animal violation involving unprovoked bites or dog attacks, the animal control unit may permanently prohibit the person from owning a dog in the state. (Code 1965, § 106A.09; Ord. No. 3890, 10-6-2008) CHAPTER 3-2. - DOGS IN OUTDOOR FOOD AND LIQUOR ESTABLISHMENTS Sec. 3-2-1. - Statement of legislative purpose and intent. Minn. Stats. § 157.175, subd. 1, states that a home rule charter city may adopt an ordinance to permit food and beverage service establishments to allow dogs to accompany persons patronizing designated outdoor areas of food and beverage establishments. State law provides for a permit process and minimum requirements to be followed if such an ordinance is adopted. The city common council adopts this chapter in furtherance of the authority provided by Minn. Stats. § 157.175. (Code 1965, § 106B.01) Sec. 3-2-2. - De nitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Dangerous and potentially dangerous dog has the meaning specified in Minn. Stats. § 347.50 and chapter 3-1. Designated outdoor dog area means a specifically identified and defined outdoor area located on the premises of a licensed food or liquor establishment which has been approved by the city clerk. Food establishment means an establishment licensed by the county public health department to serve food to the public. Liquor establishment means an establishment licensed by chapter 5-19. Outdoor area means any area utilized for food or beverage service and consumption located on the licensed premises of a food or liquor establishment, but shall not include any indoor area, as that term is defined by Minn. Stats. § 144.413. (Code 1965, § 106B.02; Ord. No. 4356, § 1, 10-1-2018) 194 (a) (b) (1) (2) (3) (4) (c) (d) (e) (1) (2) (3) (4) (5) (6) (7) (f) Sec. 3-2-3. - Designated outdoor dog areas authorized. A licensed food and liquor establishment shall be eligible to apply for an outdoor dog permit to allow dogs to accompany persons patronizing a designated outdoor dog area. An applicant seeking approval for a designated outdoor dog area shall provide the following required information on an application as required by the city clerk: The name, location, and mailing address of the establishment; The name, mailing address, and telephone contact information of the applicant; A description of the designated outdoor area in which the applicant intends to allow dogs; and A description of the days of the week and hours of operation that patrons' dogs will be permitted in the designated outdoor area. An outdoor dog permit is not transferable or assignable and expires automatically upon the sale of the establishment. The fee for an outdoor dog permit shall be set by resolution of the council. Any outdoor dog permit holder shall clearly print and post signs so they are conspicuous to employees and patrons stating: Employees must be prohibited from touching, petting, or otherwise handling dogs; should any employee inadvertently touch or otherwise handle a dog, the employee shall promptly wash and clean his hands and exposed portions of his arms; Employees and patrons must not allow dogs to come into contact with serving dishes, utensils, tableware, linens, paper products, or any other items involved in food service operations; Patrons must keep their dogs on a leash at all times and must keep their dogs under reasonable control; The establishment shall provide an adequate number of water dishes for the sole use of dogs; Dogs must not be allowed on chairs, tables, or other furnishings; Dog waste must be cleaned immediately and the area sanitized; and Dangerous and potentially dangerous dogs shall not accompany patrons into the establishment. Penalties. Failure of any proprietor or person in charge to comply with the requirements in this section shall be grounds for denial, nonrenewal, revocation or suspension of the outdoor dog permit. (Code 1965, §§ 106B.03, 106B.04, 106B.06, 106B.07; Ord. No. 4356, § 2, 10-1-2018) CHAPTER 3-3. - PIGEONS Sec. 3-3-1. - Limitation on number allowed to keep. It is unlawful for any person to keep or harbor pigeons on any premises unless issued a permit to do so as provided in this chapter. No permit shall be issued for the keeping or harboring of more than 50 pigeons on any premises. For the purposes of this section, the term "premises" means any platted lot or group of contiguous lots, parcel, or tract of land. (Code 1965, § 113.01) Sec. 3-3-2. - Permit. No person shall maintain a pigeon coop or loft unless they have been granted a permit therefor by the city clerk. All applications for a permit shall specify the location of the coop or loft, and its approximate size. Any pigeon coop or loft authorized by permit under this section may be inspected at any reasonable time by any agent of the city. A pigeon coop or loft permit may be revoked or suspended by the council for violation of the provisions of this chapter following written notice and an opportunity for a hearing. The fee for an annual permit shall be established as part of the fee schedule adopted by the common council. (Code 1965, § 113.02; Ord. No. 4433, § 1, 7-19-2021) Sec. 3-3-3. - Con nement. Every person who owns, controls, keeps, maintains, or harbors pigeons shall keep them confined at all times while in the city in a cage, coop, or loft, except that homing or carrier pigeons, Rollers, or Tumblers, each having the owner's name or initials or other identification on a leg band, may be permitted to fly for necessary exercise and training while under the restrained control of the owner. Pigeons shall not be permitted to deface or light on buildings or property of others. (Code 1965, § 113.03) Sec. 3-3-4. - Pigeon coops or lofts. All pigeons shall be confined in a coop or loft located not less than 25 feet from any residential building on other premises. All pigeons shall be housed in structures meeting the requirements of the building and zoning codes. 195 (a) (b) (a) (b) (1) (2) (Code 1965, § 113.04) Sec. 3-3-5. - Conditions. It shall be unlawful for any person owning, keeping, or harboring pigeons to permit the premises where the pigeons are kept to be or remain in an unhealthy, unsanitary, or obnoxious condition, or to permit the premises to be in such condition that obnoxious odors are carried to adjacent public or private property. (Code 1965, § 113.05) CHAPTER 3-4. - CHICKENS Sec. 3-4-1. - Limitation on number allowed. It is unlawful for any person to keep or harbor chickens on any premises unless issued a permit to do so as provided in this chapter or except as specifically allowed under law or ordinance. Except as provided in subsection (b) of this section, no permit shall be issued for the keeping or harboring of more than three hen chickens on any premises. No permit shall be issued for the keeping of any rooster chicken on any premises. A permit may be issued by the common council for the keeping or harboring of up to 12 hen chickens if the applicant is involved in educational or instructional activity, and the need for the greater number of chickens is directly related to the educational or instructional activity. (Code 1965, § 113A.01; Ord. No. 4058, 3-19-2012; Ord. No. 4511, §§ 1, 2, 2-5-2024) Sec. 3-4-2. - De nitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Chicken coop means a structure for housing chickens made of wood or other similar materials that provides shelter from the elements. Chicken run means an enclosed outside yard for keeping chickens. Premises means any platted lot or group of contiguous lots, parcels or tracts of land. (Code 1965, § 113A.11) Sec. 3-4-3. - Permit. No person shall maintain a chicken coop and run unless they have been granted a permit by the city. The permit shall be subject to all terms and conditions of this chapter and any additional conditions deemed necessary by the city to protect the public health, safety and welfare. The necessary permit applications are available online and in the city clerk's office. Included with the completed application must be a scaled diagram that indicates the location of any chicken coop and run, and the approximate size and distance from adjoining structures and property lines. A permit for the keeping of chickens may be revoked or suspended by the council for any violation of this chapter following written notice and a public hearing. The fee for a permit shall be established as part of the fee schedule adopted by the common council. Issued permits will be valid until December 31 of the following year. (Code 1965, § 113A.02; Ord. No. 4434, § 1, 7-19-2021; Ord. No. 4511, § 3, 2-5-2024) Sec. 3-4-4. - Con nement. Every person who owns, controls, keeps, maintains or harbors hen chickens must keep them confined at all times while in the city in a chicken coop and chicken run. Any coop and run shall be screened with a solid fence or landscaped buffer with a minimum height of four feet. Any coop and run shall be at least 25 feet from any residential structure on any other premises. (Code 1965, § 113A.03) Sec. 3-4-5. - Requirements for chicken coops and runs. All chicken coops and runs must be located at least 25 feet from any dwelling on any other premises. All chicken coops must meet the requirements of the building and zoning codes, must not exceed ten square feet per chicken and must not exceed six feet in total height. Attached fenced-in chicken runs must not exceed 20 square feet per chicken and must not exceed six feet in total height. Chicken runs may be enclosed with wood and/or woven wire materials, and allow chickens to contact the ground. Chicken feed and manure must be kept in rodent-proof and raccoon-proof containers and must not be placed in yard compost piles. Chicken coops must be as follows: Elevated with a clear open space of at least 24 inches between the ground surface and framing/floor of the coop; or The coop floor, foundation and footings must be constructed using rodent-resistant concrete construction.196 (a) (b) (Code 1965, § 113A.04) Sec. 3-4-6. - Conditions. No person who owns, keeps or harbors hen chickens shall permit the premises where the hen chickens are kept to be or remain in an unhealthy, unsanitary or noxious condition or to permit the premises to be in such condition that noxious odors are carried to adjacent public or private property. Any chicken coop and run authorized by permit under this chapter may be inspected at any reasonable time by a city animal control officer or other agent of the city. (Code 1965, § 113A.05) Sec. 3-4-7. - Violations. Any person who keeps or harbors chickens in the city limits without obtaining or maintaining a current permit or after a permit has been suspended or revoked by council action shall be guilty of a petty misdemeanor. (Code 1965, § 113A.06) CHAPTER 3-5. - DUCKS Sec. 3-5-1. - Limitation on number allowed. It is unlawful for any person to keep or harbor ducks on any premises unless issued a permit to do so as provided in this chapter. Except as provided in subsection (b) of this section, no permit shall be issued for the keeping or harboring of more than three ducks on any premises. A permit may be issued by the common council for the keeping or harboring of up to 12 ducks if the applicant is involved in educational or instructional activity, and the need for the greater number of ducks is directly related to the educational or instructional activity. (Code 1965, § 113B.01; Ord. No. 4351.3, § 1, 8-6-2018; Ord. No. 4512, §§ 1, 2, 2-5-2024) Sec. 3-5-2. - De nitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Duck coop means a structure for housing ducks made of wood or other similar materials that provides shelter from the elements. Duck run means an enclosed outside yard for keeping ducks. Premises means any platted lot or group of contiguous lots, parcels or tracts of land. (Code 1965, § 113B.011; Ord. No. 4351.3, § 1, 8-6-2018) Sec. 3-5-3. - Permit. No person shall maintain a duck coop and run unless they have been granted a permit by the city. The permit shall be subject to all terms and conditions of this chapter and any additional conditions deemed necessary by the city to protect the public health, safety and welfare. The necessary permit applications are available online and in the city clerk's office. Included with the completed application must be a scaled diagram that indicates the location of any duck coop and run, and the approximate size and distance from adjoining structures and property lines. A permit for the keeping of ducks may be revoked or suspended by the council for any violation of this chapter following written notice and a public hearing. The fee for a permit shall be established as part of the fee schedule adopted by the common council. Issued permits will be valid until December 31 of the following year. (Code 1965, § 113B.02; Ord. No. 4351.3, § 1, 8-6-2018; Ord. No. 4435, § 1, 7-19-2021; Ord. No. 4512, § 3, 2-5-2024) Sec. 3-5-4. - Con nement. Every person who owns, controls, keeps, maintains or harbors ducks must keep them confined at all times while in the city in a duck coop and duck run. Any coop and run shall be screened with a solid fence or landscaped buffer with a minimum height of four feet. Any coop and run shall be at least 25 feet from any residential structure on any other premises. (Code 1965, § 113B.03; Ord. No. 4351.3, § 1, 8-6-2018) Sec. 3-5-5. - Requirements for duck coops and runs. 197 All duck coops and runs must be located at least 25 feet from any dwelling on any other premises. All duck coops must meet the requirements of the building and zoning codes, must not exceed ten square feet per duck, and must not exceed six feet in total height. Attached fenced-in duck runs must not exceed 20 square feet per duck and must not exceed six feet in total height. Duck runs may be enclosed with wood and/or woven wire materials, and allow ducks to contact the ground. Duck feed and manure must be kept in rodent-proof and raccoon-proof containers and must not be placed in yard compost piles. (Code 1965, § 113B.04; Ord. No. 4351.3, § 1, 8-6-2018) Sec. 3-5-6. - Conditions. No person who owns, keeps or harbors hen ducks shall permit the premises where the hen ducks are kept to be or remain in an unhealthy, unsanitary or noxious condition or to permit the premises to be in such condition that noxious odors are carried to adjacent public or private property. Any duck coop and run authorized by permit under this chapter may be inspected at any reasonable time by a city animal control officer or other agent of the city. (Code 1965, § 113B.05; Ord. No. 4351.3, § 1, 8-6-2018) Sec. 3-5-7. - Violations. Any person who keeps or harbors ducks in the city limits without obtaining or maintaining a current permit or after a permit has been suspended or revoked by council action shall be guilty of a petty misdemeanor. (Code 1965, § 113B.06; Ord. No. 4351.3, § 1, 8-6-2018) 198 (a) (b) (c) (d) (e) (1) a. b. c. d. (2) a. 1. 2. Chapter 4 - ANIMALS ARTICLE I. - IN GENERAL Sec. 4-1. - De nitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Animal means any living animal, domesticated, semi-domesticated, captive-wild or wild which is not specifically named or having been identified as meeting one of the conditions listed in section 4-5. At large means off of lands owned or possessed by the owner and upon the public streets, sidewalks, alleys or other public or private property. Owner means any person owning, harboring or keeping an animal. (Code 1990, § 4-2; Ord. No. 1333, § 1, 10-1-2012) Sec. 4-2. - Keeping of animals declared a nuisance. It is unlawful to introduce, permit, harbor, keep, care for, feed, or shelter any animal in the city except as otherwise provided under section 4-5 and doing so constitutes a public nuisance. (Code 1990, § 4-3; Ord. No. 1333, § 1, 10-1-2012) Sec. 4-3. - Allowing animals to run at large. It shall be unlawful for any owner or any person having the control of any animal, including those listed in section 4-5, to allow or permit the same to run at large within the city. (Code 1990, § 4-4; Ord. No. 1333, § 1, 10-1-2012) Sec. 4-4. - Animals found to be in violation. Animals found in violation of this chapter shall be confiscated, held for five regular business days and summarily destroyed if not claimed. If the owner of an animal found in violation of this chapter can be determined, the owner shall be notified of the city's possession of the animal and the date on which the animal will be destroyed pursuant to this section. During those five regular business days an owner may arrange for the care and shelter of the animal outside the city limits, in which case the city shall release the animal to the owner upon proof that satisfactory arrangements have been made. The owner shall pay for all costs incurred for the care, shelter and keep of the animal during the impoundment period prior to the release of the animal. In addition, the owner may also be charged with violation of this chapter. (Code 1990, § 4-5; Ord. No. 1333, § 1, 10-1-2012) Sec. 4-5. - Allowable exclusions. Animals may be kept temporarily in a designated stockyard or farm produce establishment or processing plant while awaiting further transportation or slaughter. Animals may be introduced, harbored, kept, cared for, fed, and sheltered in connection with and during parade, county fair or circus events. The animals must remain in proximity and under the control of the owner in regard to where the event is being held. Animals may be introduced, harbored, kept, and cared for, fed, and sheltered, within the confines of a licensed pet store or licensed veterinarian business. Dogs and household cats are regulated elsewhere under other city ordinances and shall be excluded from sections 4-1 through 4-5. The following animals specifically listed under this subsection are allowed. Any person may introduce, permit, harbor, transport, keep, care for, feed, or shelter these animals but only when in compliance with the further restrictions imposed. Fish, reptiles, exotic birds, spiders, rats, mice, hedge hogs, guinea pigs, and hamsters are allowed subject to the following additional restrictions: These animals shall remain at and contained within the actual dwelling in which the owner or caretaker resides. If a dwelling is rented, permission from the landlord or owner to maintain animals must be obtained. Proper care and treatment of the animals are provided. There are no restrictions as to the number of these animals kept. Rabbits and pigeons are allowed subject to the following additional restrictions: Location. These animals may only be kept in areas zoned R1, R2, AG or industrial within the city. These animals must be kept outside the family dwelling.199 3. 4. 5. 6. b. 1. 2. 3. c. 1. 2. 3. d. 1. 2. (3) a. b. c. (a) (b) (a) (1) (2) (3) If the property is rented, permission from the property owner to maintain animals must be obtained. All shelters or attached fenced enclosures must have a minimum setback of ten feet from the rear property line and ten feet from the side property line. No structure or fenced animal yard shall be closer than 25 feet to any residential dwelling on the adjacent lots. No structures or fenced animal yards will be allowed in the resident's front yard. Shelter. These animals must be provided proper shelter that is fully enclosed with a well-ventilated roof and a source to maintain adequate livable temperatures during extreme heat or cold conditions. The floors of the structure shall be kept clean and sanitary with body excretions collected daily and removed from the structure. If a fenced animal yard enclosure is erected, the fenced-in area shall share a common wall of the structure, be securely constructed in a manner complying with all other city fencing ordinances, prevent predators from getting into the fenced area, prevent the animal from escaping the fenced area and be well drained so there is no accumulation of moisture. Care and treatment. No animal shall be allowed outside of either the shelter or properly fenced area. Food materials shall be in closed sealable containers stored inside the structure of the provided shelter. Animals shall maintain all required vaccinations. Number and type of animals allowed with minimum square footage of each. Pigeons. No more than 30 pigeons may be kept. Pigeons shall be given a minimum of one square foot of space for each pigeon. Rabbits. No more than six rabbits may be kept. Rabbits shall be given space with a minimum height of 14 inches with 1.5 square feet floor space for each rabbit weighing less than four pounds (small); three square feet floor space for each rabbit weighing four to eight pounds (medium size); and a minimum of four-square feet floor space for each rabbit weighing more than 11 pounds (large size). Chickens are allowed subject to the additional restrictions applicable to pigeons and rabbits in subsections (e)(2)a.2 through c.3 of this section, and subject to the following additional restrictions: Roosters are prohibited in all zoning districts in the city. Chickens are prohibited in all zoning districts in the city except the AG or industrial districts, within which no more than 50 chickens may be kept. Chickens (Bantam size) shall be given a minimum of two square feet inside structure space for each chicken weighing less than two pounds; (medium size) a minimum of 3½ square feet for each chicken weighing two to four pounds; and (large size) a minimum of five square feet for each chicken weighing more than four pounds. (Code 1990, § 4-6; Ord. No. 1333, § 1, 10-1-2012) Secs. 4-6—4-25. - Reserved. ARTICLE II. - DOGS AND CATS DIVISION 1. - GENERALLY Sec. 4-26. - Running at large. Authority to impound; declaration of nuisance. Any dog or cat which runs at large within the city at any time shall be subject to the provisions of this division regarding impounding and destruction, and such animal shall be deemed to be a nuisance. Allowing dog or cat to run at large. It shall be unlawful and deemed to be a violation of this chapter for the owner, keeper or person lawfully charged with the care of any dog or cat, to permit or allow the dog or cat to run at large at any time within the city limits of the city. (Code 1978, § 510.07(c), (d); Code 1990, § 4-26; Ord. No. 937, § 6, 10-19-1988) Sec. 4-27. - Impoundment. Impoundment for failure to pay for and obtain license. In case of the failure on the part of any owner or keeper of a dog or cat to pay the license fee and to secure the license upon the dog or cat subject to license, the dog or cat shall be surrendered by the owner or keeper thereof, upon demand, to any police officer of the city or any person appointed by the city council as dog and cat catcher of the city, who shall cause such a dog or cat to be immediately impounded in some safe and suitable place under the care and control of the custodian of dogs and cats. The custodian shall keep such dog or cat for a period of time as required by M.S.A. § 347.14. 200 (4) (b) (1) (2) (3) (a) (b) (a) (b) (c) If the owner or keeper of any dog or cat so impounded desires to redeem such dog or cat, he shall be permitted to do so at any time within the period specified in subsection (a)(2) of this section, upon payment to the custodian of dogs and cats of the license fee provided in this article and, in addition to the license fee, such sum as may from time to time be established by resolution of the city council for the caring for and keeping of such dog or cat. The license fee paid shall be turned over to the city clerk, who shall thereupon issue a proper license and tag to the owner or keeper of the dog or cat. If any dog or cat so impounded is not redeemed by the owner, keeper or person legally in charge of the dog or cat, within the said time period set forth in subsection (a)(2) of this section, the custodian of dogs and cats shall be authorized to destroy the dog or cat. Impoundment for running at large. If any dog or cat upon which a license fee has been paid shall be found at large, without wearing a collar with the license tag for the proper year attached thereto as provided in this article; or if any dog or cat upon which no license fee has been paid shall be found running at large, then such dog or cat shall be impounded and shall be subject to redemption by the owner or keeper as provided in subsection (a) of this section. The owner or keeper of such dog or cat shall be notified by the custodian of dogs and cats that such dog or cat has been impounded, if the owner, keeper or person lawfully charged with the care of such dog or cat can be readily ascertained. If such dog or cat is not redeemed as provided in subsection (a) of this section, and the impounding charges or fees paid for the care of the dog or cat, the dog or cat may be destroyed as provided in subsection (a) of this section. (Code 1978, § 510.07(a), (b); Code 1990, § 4-27; Ord. No. 937, § 6, 10-19-1988) Sec. 4-28. - Duty of owner to keep dog from becoming nuisance. Every person who owns or has in his lawful control any licensed dog in the city is charged with the duty to keep, control and maintain such dog so that such animal is not and does not become a nuisance. (Code 1978, § 510.05; Code 1990, § 4-28) Sec. 4-29. - Commercial dog kennels. The ownership, control, maintenance, operation or keeping of a commercial dog kennel within the city is hereby declared to be unlawful and a public nuisance unless it is located in an area where kennels are allowed by the city zoning ordinance and meets all conditions established by the planning commission. A commercial dog kennel is declared and defined to be and mean a place where dogs were generally and usually kept and maintained for commercial purposes including, but not being limited to, breeding for sale and sale thereof, boarding, training for hire or sale of such animals. (Code 1990, § 4-29; Ord. No. 971, § 1, 5-2-1990) Sec. 4-30. - Prohibition of barking dogs. Unlawful harboring or custody on premises. It shall be unlawful for any person to keep or harbor a dog, which habitually barks, bays, cries, or howls. Habitually barking, baying, crying, or howling shall be defined as barking, baying, crying, or howling continuously for at least three minutes with less than one minute of interruption. In order to be a violation of this section, such barking, baying, crying, or howling must be audible off of the premises where the dog is located at the time of the incident. Penalty. Violation of this section shall be a petty misdemeanor as that term is defined by state statutes now in effect or as hereinafter amended. (Code 1990, § 4-30; Ord. No. 11-50, §§ 1, 2, 11-7-2001) Secs. 4-31—4-40. - Reserved. DIVISION 2. - LICENSE Sec. 4-41. - Required. Keeping dog or cat without license prohibited. No person within the limits of the city shall keep or maintain any dog or cat, either male or female, without first having paid the license fee and procured a license for each such dog and cat, as provided in this division. Duty of owner to obtain license. It shall be the duty of every owner and every keeper, if kept by one other than the owner, of every dog or cat, either male or female, within the city, to make application for a license to the city clerk on or before January 15 of each year, or if any dog or cat is acquired after January 15 of any year, then within 15 days after the dog or cat becomes six months of age; to have such animal licensed; to pay the license fee therefor; and to attach the license tag issued by the city clerk to the collar of such dog or cat as provided in this division. Exception. No license shall be required for any dog or cat under three months of age. (Code 1978, §§ 510.01—510.03; Code 1990, § 4-41; Ord. No. 937, §§ 1, 2, 10-19-1988) Sec. 4-42. - Registration; tax, license, registration fee.201 (a) (b) (a) (b) (a) (b) Any person who is the owner or keeper of any dog or cat, either male or female, kept or maintained in the city, shall annually, on or before January 15 of each year, cause each animal owned or kept to be described and registered by its name and number for the year for which the application is made, at the office of the city clerk, or at the office of any agent of the city clerk. Such person shall pay to the city clerk, or its agent, as a tax and license and registration fee for such animal the sum which is on file in the office of the city clerk, and the administrative fee due an agent as hereafter provided. (Code 1978, § 510.03(a), (b); Code 1990, § 4-42; Ord. No. 918, § 1, 12-2-1987; Ord. No. 937, § 2, 10-19-1988; Ord. No. 1160, § 1, 7-1-2002) Sec. 4-43. - Certi cate of spaying or neutering; proof of rabies vaccination. When application is made for a license for a spayed female or neutered male, the applicant shall present a statement from a qualified veterinarian stating that the operation for spaying or neutering was performed, and giving the date thereof. If this certificate is not furnished, the license fee shall be the same as for an unspayed female or unneutered male. Before any license may be issued for male or female dogs and cats, satisfactory evidence must be produced by the owner or keeper of the dog or cat, to show that the dog or cat for which a license is sought has been vaccinated for rabies within three years immediately preceding issuance of the license. (Code 1978, § 510.04; Code 1990, § 4-43; Ord. No. 918, § 2, 12-2-1987; Ord. No. 937, § 4, 10-19-1988) Sec. 4-44. - Issuance of license and tag. Whenever any person has fully complied with the provisions of this division, the city clerk, or its agent, shall issue to the person under his/her hand and seal a properly numbered license for each dog or cat, together with a metal tag upon which shall be plainly stamped or impressed the license number as determined by the city clerk, and the year for which the license is issued. It shall be the duty of such owner or keeper to cause such animal to constantly wear a collar to which shall be firmly attached the license tag received from the city clerk, or its agent. (Code 1978, § 510.03(c); Code 1990, § 4-44; Ord. No. 918, § 1, 12-2-1987; Ord. No. 937, § 2, 10-19-1988; Ord. No. 1160, § 2, 7-1-2002) Sec. 4-45. - Additional fee for failure to obtain license. If any person fails or neglects to apply for a dog or cat license as provided for in this division, and fails to pay the fee therefor when due and within the time specified in this division, a penalty of 50 percent of any license fee shall be required of such person in order to obtain such license. (Code 1978, § 510.06; Code 1990, § 4-45; Ord. No. 937, § 5, 10-19-1988) Sec. 4-46. - Administration fee. When a dog or cat license is issued by an agent of the city clerk, the agent shall collect an additional $2.00 fee to be retained by the agent as an administrative fee for issuance of the license. (Code 1990, § 4-46; Ord. No. 1160, § 3, 7-1-2002) Secs. 4-47—4-54. - Reserved. ARTICLE III. - DANGEROUS ANIMALS Sec. 4-55. - Animal control authority. The animal control authority means the municipal agency which is responsible for animal control operations in the city. The animal control authority for the city is the city police department. (Code 1990, § 4-55; Ord. No. 1350, § 1, 11-4-2013) Sec. 4-56. - De nitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Owner means any person, firm, corporation, organization, or department possessing, harboring, keeping, having an interest in, or having care, custody, or control of an animal. Proper enclosure means securely confined indoors or in a securely enclosed and locked pen or structure suitable to prevent the animal from escaping and providing protection from the elements for the animal. A proper enclosure does not include a porch, patio, or any part of a house, garage, or other structure that would allow the animal to exit of its own volition, or any house or structure in which windows are open or in which door or window screens are the only obstacles that prevent the animal202 (a) (1) (2) (3) (b) (1) (2) (3) (4) (5) (c) (1) (2) (d) (e) from exiting. Provocation means an act that an adult could reasonably expect may cause an animal to attack or bite. (Code 1990, § 4-56; Ord. No. 1350, § 1, 11-4-2013) Sec. 4-57. - Regulations of potentially dangerous animals. Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Potentially dangerous animal means an animal which has: When unprovoked, bitten a human or a domestic animal on public or private property; When unprovoked, chased or approached a person upon the streets, sidewalks, or any public or private property, other than the animal owner's property, in an apparent attitude of attack; or A known history or propensity, tendency or disposition to attack while unprovoked, causing injury or otherwise threatening the safety of humans or domestic animals. Designation as potentially dangerous animal. The animal control authority shall designate any animal as a potentially dangerous animal upon receiving evidence that the animal meets any of the criteria in subsection (a) of this section. When an animal is declared potentially dangerous, the animal control authority shall cause the owners of the potentially dangerous animal to be notified in writing that such animal is potentially dangerous. An animal that has been determined to be potentially dangerous must be microchipped in accordance with section 4-62, licensed in accordance with section 4-42, and may, at the discretion of the animal control authority, be required to comply with one or more of the following conditions: An owner of a dog may be required to complete an approved dog obedience class. The animal may be required to be restrained by chain or leash not to exceed six feet in length, and/or muzzled, and under the control of a person 18 years of age or older at all times it is outdoors and not inside a proper enclosure. The owner of the animal may be required to show proof of up-to-date rabies vaccination and, if required, licensing. The owner may be required to sterilize the animal at the owner's expense. If the owner does not have the animal sterilized within the specified time limits, the animal control authority may seize the animal and have it sterilized at the owner's expense. If the animal is a dog or cat, the owner shall purchase a proper license. Procedure. The animal control authority shall notify the owners of the animal in writing or in person that the animal has been determined to be potentially dangerous pursuant to section 4-62 and shall specify what, if any, conditions are being required of the owner. This notice shall state the date, time, place, and parties bitten, chased, attacked or threatened by the animal, and shall advise the owner that they have 14 days to appeal the determination or the imposition of conditions on maintaining the animal by requesting a hearing before the city public works and public safety committee. If an owner requests a hearing, a date shall be set not more than three weeks after receipt of the demand for a hearing. The committee may consider all records of the animal control authority without the necessity for further foundation. After considering all of the evidence, the committee chairperson shall issue a written order which rejects or upholds the determination based upon the majority opinion of the committee. If the committee upholds the determination as potentially dangerous, the order may affirm or modify the conditions recommended by the animal control authority. If as a result of testimony or other evidence at the hearing there are grounds for declaring the animal to be dangerous pursuant to section 4-58, the committee chairperson may change the designation and issue the appropriate orders. If an owner fails to comply with any conditions specified in the order and fails to request a hearing under subsection (c)(1) of this section, the animal shall be seized. The animal may be reclaimed by the owner as set forth in section 4-60. Subsequent offenses. If an owner of an animal which has been declared potentially dangerous and is subject to the conditions of this section fails to comply with the conditions imposed by the animal control authority or the public works and public safety committee, the animal must be seized by the animal control authority. Notice shall be provided to the owner of the basis for the seizure and the right to request a hearing before the public works and public safety committee to determine whether the conditions were violated. A request for hearing must be made within 14 days of the seizure. If the owner fails to request a hearing within 14 days, or is found to have violated the conditions, the city public works and public safety committee may order the animal destroyed in a proper and humane manner and the owner shall pay the costs of confining the animal. If the owner is found not to have violated the conditions, the owner may reclaim the animal under the provisions of section 4-60. Review of designation. The animal control authority may review the status of an animal which has been determined to be potentially dangerous if a period of two years has passed without any further incidents under section (a) above and may use discretion in determining whether any conditions which have been ordered are still required. After the initial two-year period, an owner may request a review annually. The owner must provide evidence that the animal's behavior has changed due to the animal's age, sterilization, environment, completion of obedience training that includes modification of aggressive behavior, or other factors. (Code 1990, § 4-57; Ord. No. 1350, § 1, 11-4-2013) Sec. 4-58. - Regulations of dangerous animals. 203 (a) (1) (2) (3) (4) (5) (b) (c) (1) a. b. c. d. e. (2) (1) (2) (3) (4) (5) (6) (7) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Dangerous animal means an animal which has: Without provocation, caused substantial bodily harm to any person on public or private property. Substantial bodily harm means bodily injury which involves a temporary but substantial disfigurement, or which causes a temporary but substantial loss or impairment of the functions of any bodily member or organ, or which causes a fracture of any bodily member; Killed a domestic animal without provocation while off the owner's property; Been found to be potentially dangerous pursuant to section 4-57, and after the owner has notice that the animal is potentially dangerous, the animal aggressively bites, attacks, or endangers the safety of humans or domestic animals; Bitten one or more persons on two or more occasions; or Fresh wounds, scarring, or is observed in a fight, or has other indications which to a reasonable person evidence that the animal has been or will be used, trained or encouraged to fight with another animal; or whose owner has in custody or possession any training apparatus, paraphernalia or drugs used to prepare such animal to be fought with another animal. Designation as dangerous animal. The animal control authority may designate any animal as a potentially dangerous animal upon receiving evidence that the animal meets any of the criteria in subsection (a) of this section. Procedure. The animal control authority, after having determined that an animal is dangerous, shall proceed in the following manner: The animal control authority shall seize the dangerous animal and notify its owner pursuant to section 4-63 that the animal has been determined to be dangerous and that the animal is to be destroyed if the owner does not comply with the conditions and requirements of section 4-59 and applicable state laws. This notice shall state that the owner shall have 14 days to reclaim the animal and appeal the determination by submitting to the city administrator a written request for a hearing before the city council. If no appeal is filed, the orders issued shall be final. If an owner requests a hearing, a date shall be set not more than three weeks after receipt of the demand for a hearing. Pending a hearing on the determination, the animal may be seized and kept at animal control unless the owner shows proof that the animal is licensed and has a current rabies vaccination, and agrees that the animal will not be permitted to be outside without being in a proper enclosure or being restrained on a leash and wearing a muzzle. The city council may consider all records of the animal control authority without the necessity for further foundation. After considering all of the evidence, the city council shall issue a written order which rejects or upholds the determination of the animal control authority. If no appeal is filed, or if the city council upholds the determination that the animal is dangerous, then the animal control authority may take the animal into custody for destruction, if such animal is not currently in custody. If the animal is ordered into custody for destruction, the owner shall immediately make the animal available to the animal control authority and failure to do so shall be a misdemeanor. Nothing in this section shall prevent the animal control authority from ordering the immediate seizure and quarantine of a rabies-suspected animal. (Code 1990, § 4-58; Ord. No. 1350, § 1, 11-4-2013) Sec. 4-59. - Dangerous animal registration. A person may not own a dangerous animal unless the owner obtains a certificate of registration for the dangerous animal from the animal control authority pursuant to this section. The animal control authority shall issue a certificate of registration to the owner if the owner presents sufficient evidence that all of the following conditions and requirements are met: A proper enclosure exists for the dangerous animal. If a dangerous animal is outside of a proper enclosure, the animal must be restrained by a substantial chain or leash and under the physical restraint of a responsible person. Depending on the species of animal, the animal control authority may require that the animal also be muzzled when outside of its proper enclosure. A dangerous animal must be sterilized at the owner's expense. If a person who owns a dangerous animal rents property from another person where the animal will reside, the animal owner must disclose to the property owner that he or she owns a dangerous animal that will live at the property. This disclosure must be made prior to entering a lease agreement and at the time of any lease renewal. A surety bond has been issued by a surety company authorized to conduct business in the state in a form acceptable to the animal control authority in the sum of at least $300,000.00, payable to any person injured by the dangerous animal, or a policy of liability insurance has been issued by an insurance company authorized to conduct business in the state in the amount of at least $300,000.00, insuring the owner for any personal injuries inflicted by the dangerous animal. The owner has paid an annual dangerous animal licensing fee of not more than $500.00, in addition to regular licensing fees under section 4-42. The owner has had microchip identification implanted in the dangerous animal pursuant to section 4-62.204 (a) (b) (1) (2) (3) (1) (2) (3) (4) (5) (Code 1990, § 4-59; Ord. No. 1350, § 1, 11-4-2013) Sec. 4-60. - Reclamation. A dangerous animal or a potentially dangerous animal seized under section 4-57 or 4-58 may be reclaimed by the owner of the animal upon payment of impounding and boarding fees, and presenting proof to the appropriate animal control authority that the requirements of sections 4-57 and/or 4-58 will be met. An animal not reclaimed under this subdivision within seven days may be disposed of in a manner permitted by law, and the owner shall be liable to the animal control authority for costs incurred in confining and disposing of the animal. (Code 1990, § 4-60; Ord. No. 1350, § 1, 11-4-2013) Sec. 4-61. - Exceptions. Law enforcement exemption. The provisions of this section do not apply to dangerous animals used by law enforcement officials for police work. Exemptions of certain acts committed. Animals may not be declared dangerous if the threat, injury, or damage was sustained by a person: Who was committing, at the time, a willful trespass or other tort upon the premises occupied by the owner of the animal; Who was provoking, tormenting, abusing, or assaulting the animal or who can be shown to have repeatedly, in the past, provoked, tormented, abused, or assaulted the animal; or Who was committing or attempting to commit a crime. (Code 1990, § 4-61; Ord. No. 1350, § 1, 11-4-2013) Sec. 4-62. - Microchip identi cation. The owner of a dangerous or potentially dangerous animal must have a microchip implanted in the animal for identification, and the name of the microchip manufacturer and identification number of the microchip must be provided to the animal control authority. If the microchip is not implanted by the owner, it may be implanted by the animal control authority. In either case, all costs related to purchase and implantation of the microchip must be borne by the animal's owner. (Code 1990, § 4-62; Ord. No. 1350, § 1, 11-4-2013) Sec. 4-63. - Notice requirements. The authority declaring the animal dangerous or potentially dangerous shall give notice of the right to a hearing by delivering or mailing it to the owner of the animal, or by posting a copy of it at the place where the animal is kept, or by delivering it to a person residing on the property, and telephoning, if possible. The notice must include: A description of the seized animal; the authority for and purpose of the dangerous animal or potentially dangerous animal declaration and seizure; the time, place, and circumstances under which the animal was declared dangerous or potentially dangerous; and the telephone number and contact person where the animal is kept; A statement that the owner of the animal may request a hearing concerning the dangerous animal or potentially dangerous animal declaration and, if applicable, prior potentially dangerous animal declarations for the animal, and that failure to do so within 14 days of the date of the notice will terminate the owner's right to a hearing under this section; A statement that if an appeal request is made within 14 days of the notice, the owner must immediately comply with the requirements of sections 4-57 and/or 4-58 until such time as the hearing officer issues an opinion; A form to request a hearing under this subdivision; and A statement that all actual costs of the care, keeping, and disposition of the animal are the responsibility of the person claiming an interest in the animal, except to the extent that a court or hearing officer finds that the seizure or impoundment was not substantially justified by law. (Code 1990, § 4-63; Ord. No. 1350, § 1, 11-4-2013) Sec. 4-64. - Right to a hearing. Any hearing under this section must be held within 14 days of the request to determine the validity of the dangerous animal or potentially dangerous animal declaration. In the event that the dangerous animal or potentially dangerous animal declaration is upheld by the hearing officials, actual expenses of the hearing up to a maximum of $1,000.00 will be the responsibility of the animal's owner. The hearing officials shall issue a decision on the matter within ten days after the hearing. The decision must be delivered to the animal's owner by hand delivery or registered mail as soon as practical and a copy must be provided to the animal control authority. (Code 1990, § 4-64; Ord. No. 1350, § 1, 11-4-2013) 205 PLANNING COMMISSION Date: 0A Sign I n ! PRESENT TO SPEAK FOR: NAME ADDRESS ITEM 4 PUBLIC COMMENT 2. 12l Zosa�k��va �d. (� 3 ❑ s. 9. ❑ 10. ❑ 11. ❑ 12. ❑ Be ❑ 14. ❑ 15. ❑ assistive listening device available upon request Minutes Planning Commission Regular Meeting Monday, April 21, 2025, 6:00 PM City Council Chambers 2780 Kelley Parkway, Orono, MN 55356 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 Thomas Brandabur, Andrew Jarnot, Kelly Prchal, Sam Tift and Shane Weltzin. Commissioner Jon Ressler was absent. Staff present: Community Development Director Laura Oakden, City Planner Melanie Curtis, and City Planner Matthew Karney, 2. PLEDGE OF ALLEGIANCE 3. OTHER ITEMS 3.1 Oath of Office —Sam Tift and Shane Weltzin Community Development Director Oakden administered the Oath of Office to the newly appointed Planning Commissioners. 4. APPROVAL OF AGENDA Prchal moved, Jarnot seconded, to approve the Agenda. VOTE: Ayes 6, Nays 0. 5. APPROVAL OF PLANNING COMMISSION MEETING MINUTES OF MARCH 17 2025 Brandabur moved, Weltzin seconded, to approve the minutes of the Orono Planning Commission meeting of March 17, 2025. VOTE: Ayes 6, Nays 0. 6.1. LA25-000010, ASHLEY MEHBOD, 2625 NORTH SHORE DRIVE, LAKE SETBACK AND HARD COVER VARIANCES. The Planning Commission is requested to review the Staff report, receive a presentation, and discuss and approve variances allowing the construction of a new porch on one side of the home. The Planning Commission discussed the item and asked questions of staff and the applicant, Ashley Mehbod, 2625 North Shore Drive. Chair Bollis opened the public hearing at 6:05 p.m. There were no public comments Chair Bollis closed the public hearing at 6:05 p.m. Commissioners noted that since the house was built in the 1920s, it cannot meet current setbacks, the proposed new porch is not closer to the lake, doesn't impact neighbors, and the plan overall reduces hardcover. Page 1 of 4 3 Minutes Planning Commission Regular Meeting Monday, Apri121, 2025, 6:00 PM City Council Chambers 2780 Kelley Parkway, Orono, MN 55356 Jarnot moved, Prchal seconded, to approve LA25-000010, 2625 North Shore Drive, Variances. VOTE: Ayes: 6, Nays 0. 6.2. LA25-000011, REHKAMP LARSON ARCHITECTS, 3275 CARMAN ROAD, VARIANCES. The Planning Comnssion is requested to review the Staff report, receive a presentation, and discuss and approve the variance requests for Average Lakeshore Setback, 7546ot Lakeshore Setback and New Hardcover within the Lakeshore Setback to rework the front porch, modify the back deck, extend the roof to improve drainage, and add a patio. The proposal reduces the total hardcover. The Planning Commission discussed the item and asked questions of staff and the applicant, Angela Wingate, Rehkamp Larson Architects, Mimieapolis. Chair Bollis opened the public hearing at 6:24 p.m. There were no public comments. Chair Bollis closed the public hearing at 6:24 p.m. Commissioners called the changes thoughtfiil, better for the view of neighbors, and noted the reduction of hardcover Prchal moved, Weltzin seconded, to approve LA25-000011, 3275 Carman Road, Variances as applied. VOTE: Ayes: 6, Nays 0. 6.3. LA25-000012, PKA ARCHITECTURE, 1205 TONKAWA ROAD, AVERAGE LAKESHORE SETBACK, LAKE SETBACK VARIANCES AND PLUMBING IN AN ACCESSORY BUILDING. The Planning Conunission is requested to review the Staff report, receive a presentation, and discuss and approve the application for variances to reconstruct a legal non -conforming outbuilding. The footprint and volume of the building would be the same. Staff reconunends approval as applied, including restrictive covenants for the use of the accessory building. The Plamling Commission discussed the item and asked questions of staff and the applicant, Andrew Edwins, PKA Architecture, Minneapolis. Chair Bollis opened the public hearing at 6:41 p.m. There were no public comments. Chair Bollis closed the public hearing at 6:41 p.m. Conunissioners cited a letter from the DNR addressing the plumbing as concerning, and also expressed concerns about the plan to have the roof a foot higher because it would be necessary to raise the floor a foot. Some said it seemed to be a different use than the original building. Others pointed out the water Page 2 of 4 Planning Commission Regular Meeting Monday, April 21, 2025, 6:00 PM City Council Chambers 2780 Kelley Parkway, Orono, MN 55356 from the plumbing would go into the sewer rather than into the lake, in contrast to an outdoor spigot, and the City allows plumbing in accessory buildings. It was clarified that the plumbing did not need a variance and the raise in elevation was due to the floodplain. Weltzin moved, Taft seconded, to approve LA25-000012, 1205 Tonkawa Road, Variances as applied. VOTE: Ayes: 6, Nays 0. 6.4. LA25-000013, ANDERSON ENGINEERING, 200 WOODHILL ROAD, INTERIM USE PERMIT. The Planning Commission is requested to review the Staff report, receive a presentation, and discuss and approve the permit request for a storm sewer replacement and ancillary golf course improvements at Woodhill Country Club, which is partially located in the City of Orono. Staff recommends approval subject to several conditions. The Planning Commission discussed the item and asked questions of staff and the applicant, Kyle Stebbing, Anderson Engineering, Plymouth, MN, Chair Bollis opened the public hearing at 7:17 p.m. There were no public comments. Chair Bollis closed the public hearing at 7:17 p.m. Commissioners said the application was straightforward and would be an improvement. Prchal moved, Weltzin seconded, to approve LA25-000013, 200 Woodhill Road, Interim Use Permit as applied with the condition that the construction entrance would be off County Rd. 15. VOTE: Ayes: 6, Nays 0. 7. NEW BUSINESS 7.1 LA25-000014, REVISIONS TO CITY CODE REGARDING THE KEEPING OF ANIMALS 1N RESIDENTIAL DISTRICTS. The Planning Commission is requested to review the Staff report, receive a presentation, and discuss possible revisions to City Code relating to farm animals and whether the code should list animals that are prohibited or animals that are permitted. The Planning Commission discussed the item and asked questions of staff. Commissioners discussed the types of animals that could be allowed or prohibited and how regulations could be varied based on zoning and lot size. The Planning Commission directed staff to draft proposed language to add pigeons, doves and rabbits to the current code and define the number of those animals in a unit; loosen regulations for cooped or penned animals for smaller lots, and define domesticated animals. 8. ADJOURNMENT Page 3 of 4 5 Minutes Planning Commission Regular Meeting Monday, April 21, 2025, 6:00 PM City Council Chambers 2780 Kelley Parkway, Orono, MN 55356 Prchal moved, Brandabur seconded, to adjourn the Planning Commission Meeting at 8.08 p.m. to May 19, 2025. VOTE: Ayes 6, Nays 0. ATTEST: Page 4 of 4