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Memo To: Finance Department From: Christine Mattson , Planning Assistant CC: Date: Zon ing File 7/6/2010 Re: Zoning Escrow -Refund Planning & Zoning Department Zoning Application 09-3428 pertaining to 3382 Bayside Road is complete . The Owner, Michael Huthwaite , has requested a refund of the application escrow. The following is attached : • Escrow Refund Request • Copy of cash register receipt • Email from Bonestroo indicating no unbilled WIP on this project • Email from Campbell Knutson indicating no unbilled WIP on th is project. w :\street files\bayside road\3382\escrow refund memo.doc ?u.~ .,[ -t..~'-'c\. tv.1. cu.'{ 0 ~ 'r ~o....t--:[ ""'-~ w-~~ ( ~ ~ O-A.d..9, \t, ~ 0-'\::>C\J Q. ~ 0~ ~. ~\~~, \.A,~~ \~~~O:...t,.,. ~o.,;.\ '"'-~ a..~~~: "'1 \'5"~ A,~sw C')Q...'T~ OQ... c... E: Q.."""-~ \ ~ ~ -T"~ '3 %\'3 ~ I --C..e.. \ (_"' 0 \) t) <::l C\.-~ S"" Lt Copy of Application Sent to : JJ--Eng inee r o nt?J j 1,;~ DNR on ---- ___ County on __ ___ MCWDon LMCDon ___ _ Date Property Owners Notified : Date Legal Notice Published : PC Meeting(s): , o . L q · oq Notice of PC Action: City Council Meeting(s): Notice of Council Action: Resolution: i l · 2-A-·09 Vote: lo . DI av\ (£0 Vote: .:J-O Ag:Jr Vote : Vote: '.J --0 Vote: Vote : i.\It{ts~~~~ i~('!,-1,;. ]c,c ,. ; !) I .. ?t,./~;.:,,-. ;_S'h-t1 U-:=::~~-1.iat1 ·1 .2t;,:·c.--}=·· ~-;::l' ~ Jt{f.]i}(:;; ~;r\ f C; :.;>, .~-•); ~?E2 :_t~ 2;·-~:rt·S ~ '.~f·-J~~j._~V('::.:rJ5"~' \::_,._ .. ~, -._ ,._ -· _;, .... 1,, ..... -.i(· ; .:•;·,· Christine Mattson From: Sent: Sherry Charboneau [SCharboneau@ck-law.com] Tuesday , June 22 , 2010 3: 17 PM To: Christine Mattson Subject: RE :WIP Attachments: Orono093405and 103463 . pdf Chris: We do not have unbilled WIP on any of the applications below. However, we do have two that were billed through May 31 , 2010 which have not yet been paid (highlighted below). I have attached reprints of the two invoices. Please note that our open file is Zoning Application 09-3405 instead of 10-3405 per your list below. Let me know if you need anything further. Sherry Sherry L. Charboneau, Legal Assistant CAMPBELL KNUTSON, P.A. 31 7 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 Direct Dial : 651-234-6230 Office: 651-452-5000 Fax : 651-452-5550 E-mail : scharboneau@ck-law.com From: Christine Mattson [mailto:CMattson@ci.orono.mn.us] Sent: Monday, June 21, 2010 4:34 PM To: 'Amundsen, Darren T; Sherry Charboneau Subject: WIP Hello, The following zoning and building applications have requested escrow refunds. Please advise if you have any unbilled WIP for any of the following: 10-3447 200 Wayzata Boulevard W 09-3428 3382 Bayside Road 09-3414 720 Tonkawa Road 10-3445 2965 Casco Point Road 10-3405 2477 Shadywood Road 10-3463 3980 Cherry Avenue 08-3378 1981 Fagerness Point Road 2009-00233 1981 Fagerness Point Road 2010-00218 3530 North Shore Drive 2010-00100 40 Wear Lane 2009-00674 290 Crestview Avenue Thanks! Christine Mattson 1 Christine Mattson From: Sent: Amundsen, Darren T [Darren .Amundsen@bonestroo.com] Monday, June 28, 201 O 8:44 AM To: Christine Mattson Subject: RE :WIP Sorry, started this last week, then got distracted .... 10-3447 200 Wayzata Boulevard W - 09-3428 3382 Bayside Road 09-3414 720 Tonkawa Road 10-3445 2965 Casco Point Road NoWIP NoWIP NoWIP NoWIP " 10-3405 24 77 Shadywood Road 10-3463 3980 Cherry Avenue No WIP (1 hour in May -invoice should be at city) $494 .50 to be invoice in July for June time, some time on May time invoice 08-3378 1981 Fagerness Point Road 2009-00233 1981 Fagerness Point Road 2010-00218 3530 North Shore Drive 2010-00100 40 Wear Lane 2009-00674 290 Crestview Avenue Darren Amundsen, PE Associate Direct 651-604-4894 Cell 651-775-5623 darren.amundsen@bonestroo.com #'Bonestroo .~---·-·. ··-·· ~· .... -- Visit the new Bonestroo.com to sign-up fo r SourceONE, our upcoming newsletter. No WIP (1 hour in May -invoice should be at city) NoWIP NoWIP NoWIP NoWIP From: Christine Mattson [mailto:CMattson@ci.orono.mn.us] Sent: Monday, June 21, 2010 4:34 PM To: Amundsen, Darren T; 'scharboneau@ck-law.com' Subject: WIP Hello, The following zoning and building applications have requested escrow refunds . Please advise if you have any unbilled WIP for any of the following: 10-3447 09-3428 09-3414 10-3445 10-3405 10-3463 08-3378 2009-00233 200 Wayzata Boulevard W 3382 Bayside Road 720 Tonkawa Road 2965 Casco Point Road 2477 Shadywood Road 3980 Cherry Avenue 1981 Fagerness Point Road 1981 Fagerness Point Road 1 Memo To: Finance Department From: Christine Mattson , Planning Assistant CC: Zoning Application File Date: 3/3/2010 Re: Zoning Escrow -Refund Planning & Zoning Department Zoning Application #09-3428 pertaining to 3382 Bayside Road is complete. The Applicant , Michael Huthwaite, has requested a refund of the application escrow. The following is attached : • Escrow Refund Request • Email from Bonestroo indicating no further WIP on this project • Email from Campbell Knutson indicating WIP and previous invoice balance charges on the February statement • Copy of cash register receipt showing escrow amount received z :\forms\escrow refund memo template.docx ? \J._ os..R.-~ .q_\r-v-,.c\_ ~ c\J...\' o "h \-~ o..,t"--:[ vv,._C;,...CAJ._ W'\.~ .[~'\CM..~ 'm ~ O-b°'-J~ ~c,~~· ~\OJ...~, \.A\ ~c..J.. \~~ ~o:... \:;._ ~~\ ''-"~ o..~~~: ., \~S A,~sw t.O....'T\""\ l)Q... ~E=~""'-~,~~ ~~ '3%\1/fr I ---f""-e.. \ (_ 0... C \) "1 c:) '\.-a;)_ 5 (o l.f- Christine Mattson From: Sent: Amundsen , Darren T [Darren.Amundsen@bonestroo.com] Wednesday , February 03 , 2010 11 :39 AM To: Christine Mattson Subject: RE : Escrow Refund We have no WIP. Sorry for the delay -trying to figure out if the wetland buffer work would affect this. Melanie says it won't so go ahead with the refund Darren Amundsen, PE Associate Direct 651-604-4894 Cell 651-775-5623 darren.amundsen@bonestroo.com #'Bonestroo From: Christine Mattson [mailto:CMattson@ci.orono.mn .us] Sent: Monday, January 25, 2010 3:59 PM To: 'Sherry Charboneau'; Amundsen, Darren T Subject: Escrow Refund Michael Huthwaite regarding 3382 Bayside Road , zoning project number 09-3428 has requested a refund of his escrow . Please let me know if you have any unbilled WIP for this project. Thanks! Christine Mattson Planning Assistant City of Orono 2750 Kelly Parkway Orono MN 55356 (physical address) PO Box 66 Crystal Bay MN 55323-0066 (mailing address) 'if 952.249.4620 ! 952.249.4616 t8J cmattson@ci.orono.mn.us s www.ci .orono.mn .us OUR OFFICE WILL BE CLOSED: Monday, February 15, 2010 in observance of President 's Day . 1 CAMPBELL KNUTSON Professional Association Attorneys at Law Federal Tax 1.0. #41-1562130 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 (651) 452-5000 Page : 1 February 24, 2010 City of Orono Attention: Ron Olson P .O . Box 66 Account# 2717-098G Crystal Bay MN 55323 RE: ZONING APPLICATION 09-3428 SERVICES RENDERED TO DATE: 02/03/2010 Hennepin County Property Records -fees to record Resolution 5887 (File No . 09-3428). TOTAL DISBURSEMENTS TOTAL CURRENT WORK PREVIOUS BALANCE TOTAL AMOUNT DUE Amounts due over 30 days will be subject to a finance charge of .5% per month (or an annual rate of 6%). Minimum charge -50 cents. 4 46 .00 46.00 ~ $112 .50 $158 .50 'City of Oro!'IO 275U.HElley Parkway lli·vr10 MN 55356 Recd pt No: 3. 001331 Plan ning am! Zcl'!i,19 .1382 B.;y side Rd -ll-09-·342 H 101-341120 Cot:(.. Us~·-V ariar,ce ··Dev F12ec; 21ar:niDgjr.d Zoni ?i g ,JJ 82 Ba¥,to 1de Rd Esc ·tow - ltC'f·34 2B ).01-22205 952--2119-46 00 ~p 21, 2009 7()i), 1)0 Lrefi;:1;·red R€v·-Dev1:: 1 op2r Depos-1. 'k Ch8ck Ch f c-li. ~j;:; ~ ? 7 ,:~ 4 PtP/Oi'"; Mii::ha~l ; 1i!adlvri HuthNaita T.:,r..l ! A;pl i~d1 . ..,<.· --·· --~ .... ,,, •. , ···-·· , .. _, -' ,~4:D::Cs'"'' · Form No . 111-iVi'P.~rsonal Riip;~riilntive's T.lccd lndlvicl~nl Per,oaal R~rc;entn,iv•(•) lo Joint Ttrtanls (Top 3 illCbe~ Resor~~ {Qr Recording Daia) MillGrlDavis CQ.@ St. Paul, MN 601-642• 1988 Minnesola Uniform ConV<yancin; Blartks (8124/95) DEEDTAXDUE:. . .V/7'5 ~06 Date: J d,. of}y 04 . . · . FOR VALUABLE CONSIDERATION Ba.r.bara1 . .Huh.er as Personal Rep·t:e~e;1tativ~(aj ofth~ *~.t~te .of · . · · . .. . .Est®r M • .Add.il.iQJl · · .. ·· Decedent, single '.../: married · _: at the time of death (if "married" is checked, attach a Consent of Spouse [Form No . I 06-M]), Grantor, conveys to Mich.a.el Huthw.fliti=..andMa.ril)!ll.liuth\!111.im. .. Grantee. as joint tenants, real property in Hen11epio. .. County, Minnesota, described as follows; l,ots 8. 9, 10 and 11, Block 5, Bayside Additioi, to Lake Minnetonka together with all hereditllments 11nd 11ppurtenances belonging thereto. 0 Th< Seller ccniilc5 lhnt Ihe •oiler do~~ no, know of any wells on Iii• demibcd propotl~. ~ A well di,olosure certifl..Uo oocompani,s this dot:111nan1. 0 1 am fumilin, with 1h• propcey dcsaibed in diis inscru.-nenl anG { certify that 1h• sum,, and "umber of wells 0,1 Iha ocscr ibed rul prvpcri), huve not change d ~ince U10 lasl ptevtou.sly iiled well dbctos,~e oeitificate . STATE OFMINNESOTA COUNTY OF 1:-k.rm~.f>1 n This instrument was s.cknowledged before me on by Barbar.a J. Huber «s ?ersonl\l Repi'oscntative(s) of the F.statc cf ~Dl'AOl,\I, ST!.MP OA Si!A,I. (Oll onmt TITL& OR ll/lNJ<I, THIS IMS1'RU),1.~NT W..\$ DRJ\Fnt> &Y (:,LAME Mffl AOl;>ne.5.S>: Timothy W . Ridley MEAGHER & GEER, PLLP 33 South Sixth Streer Suite 4400 Milllleapolis , MN 55402-378S 612•347-9128 130515 Afflit Deed Till< Stamp Here PE.R~ REPRBSENTATIVE(S) . 6.>u~fu~~ . 0 1 o.~n.~ .... :i.oo .. '=:t . (l)ute) , Decedent. iIGNATtlPJi OFNOTAI\\' !)lJnLtC OK O'fH2RQr,f1CtAL Check hCIII if part or all of the land is Registered (Torrens) 0 1'M Suimit.,U fot 1lre.tGL pC'Optt\Y ~-~b«t in !Jib ici1Nmo:11l sk!Nld h ~ 19 (1ndunnA,r,.e !lr.d :ddmt 01~0,~t!!e) Miehe.el Huthwaite and Mi!!ilyn Huthwaite DENISE M. LESKlNEN !IOiAAY PUBllC · MINNESOTA My~mmis$ioll 5,(pires Jan. 31, 2010 WARHIIIG: U~IAUTHORIZEO COP'flNO 0~ TMI~ f:ORM PROHIBITOI>, 1· I t I. ~ ... I i I l r I r t f. ! t- i. 1 I ' t l ! f I r I i I I i. ! i I I I I ! ( \ Item Description: #09-3428 Michael & Marilyn Huthwaite 3382 Bays ide Road -Variances & Conditional Use Permit -Resolution Application Summary: In order to construct a replacement residence the applicants are requesting the following : 1. A lot area variance for 34,400 s.f . where 87,120 s.f. is required ; 2. A street setback variance to allow a 48 ' setback from Crestview where 50 ' is required ; 3. A side yard setback variance to allow 11 ' where 30 ' is required ; 4 . A creek setback variance to allow 60 ' where 75 ' is requ ired ; 5. Hardcover variances to allow 6.57% within the 0-75 ' zone and 36 .33% within the 75'-250 ' zone where 0% and 25% are allowed ; 6 . Hardcover and structural setback variances to allow a footbridge to cross Stubbs Bay Creek ; and 7. A conditional use permit for grading within 75 ' of Stubbs Bay Creek (for stream bank stabilization). The property is currently 4 separate tax parcels which are proposed to be combined in conjunction with a building permit. At the October Planning Commission meeting , the applicant was requesting side yard , both street yards and creek setback variances as well as hardcover variances in both zones. They were d irected to explore reducing the footprint of the proposed home in order to better fit inside the required setbacks; the creek setback was cited as a priority . The Planning Commission seemed to feel the CUP for stream bank stabilization and the variances for the proposed footbridge over the creek were acceptable . At the November 161h Planning Commission meeting the applicants had not completely eliminated the encroachment and hardcover within 75 ' of the creek however the Commission felt the applicants had followed their general direction with their revis ions . The Planning Commission recommended approval of the revised plans with a 5-0 vote . Planning Staff Recommendation Staff still feels a different home design could better accommodate the challenges of the lot specifically the creek setback. Staff also continues to recommend denial of the footbridge over the creek . There are existing safe alternatives for access to the southern portion of the property via Crestview or Bayside Road . Staff has prepared a Resolution based on the Planning Commission 's recommendations of approval of the variances and condit ional use permit. COUNCIL ACTION REQUESTED Tonight staff requests that the Council adopt or amend the attached Resolution . J,u---~~ne,t-- ~-~~ r~ ~~t0 ~ {Jf("?JVI-M ~e,h~ f--(j,OY/,1,~ .i tA5 tl5 ?f>DP-a2 J-cJPfS ~~ tAAR of +-f,.e.,, tDr ~Cj..A,lf~h -~~ -·(· jfi.etfU'h ~ ~ dt_ bu-of ~~ Iv t,u:Je;-~ 0 Murph 11f (jfWI rn~ a.kv~ ~ ?7-e.e)c ~ W1 (7/1 ~ b-vi ~ 14{/1!)71 =f' MfZ/0 t5-D µ(A;vfh 'o' Iµ t-µ,i Uttvi CITY OF ORONO 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 952.249.4600 TO: Michael & Marilyn Huthwaite 7155 Ainsworth Drive Germantown , TN 38138-2565 TYPE OF APPLICATION: Variances & CUP ZONING FILE: 09-3428 NOTICE OF COUNCIL ACTION DATE OF NOTICE: November 24, 2009 COPIES: Jeremy Steiner Attorney at Law 400 Wells Fargo Bank Bldg 1011 First Street S Hopkins, MN 55343 Via Email: Rick Hendel DATE OF MEETING: November 23, 2009 VOTE: 5 FOR 0 AGAINST Motion: To approve per the findings and conditions of the resolution previously mailed to you . Please arrange to sign the original resolution at the City Offices (Monday through Friday, 8:00 to 4:30). All persons with an interest in the property must sign the resolution. Variance approval is limited to the extent shown on approved plan and as noted in the approval resolution . Changes in approved plans are subject to further review by the City . Variance approval expires one year after date of approval. A building permit must be obtained no later than November 23, 2010. If you desire certified copies of the official Council minutes, they are available from the City Clerk after review and approval by the City Council. If you have questions please contact Melanie Curtis, Planning & Zoning Coordinator, at 952.249.4627 or mcurtis@ci.orono .mn .us . MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 23, 2009 7:00 o'clock p.m. (4. ON SALE 3.2 BEER LICENSE -BARRY TANNER AT 3435 SHORELINE D Bremer move , ranchot seconded, to approve the On Sale 3.2 Percent Ma iquor License for Barry Tanner at varre Lanes located at 3435 Shoreline Drive effectiv anuary 1, 2010, through December 31, 2010. PLANNING COMMISSION PRESENTATIVE Kang stated she had nothing to report b would be avai PUBLIC COMMENTS None ZONING ADMINISTRA TO S REPORT *5. #08-3382 BE HIRE PARTNRS, LLC, 2745 KELLEY P LDING II) -FINAL DEVELOPMENT PLAN . 5886 PROFESSIONAL RESOLUTION WAY(ORONO PROV AL EXTENSION - Bremer m ed, Murphy seconded, to adopt RESOLUTION NO. 5886, a Resolu · Extending the Approv s for Planned Unit Development No. 3B Orono Professional Center II and ending Res tion No. 5783. VOTE: Ayes 5, Nays 0. 6. #09 -3428 MICHAEL AND MARILYN HUTHW AITE, 3382 BAYSIDE ROAD - VARIANCES -RESOLUTION NO. 5887 Jeremy Steiner, Attorney-at-Law, and Rick Hendel, Builder, were present. Curtis noted the applicant originally was requesting a conditional use permit for grading within 75 feet of Stubbs Bay Creek as well as lot area, creek setback, and hardcover within the 0-75 foot and 75-250 setback zone variances in order to construct a replacement residence . At that time the Planning Commission directed the applicant to address the following : 1. The footprint of the home should be reduced in order to better fit within the required street, side, and creek setback. The creek setback was identified as a priority . 2. The attached garage could be reduced in order to alleviate a portion of the encroachment into th e creek setback. In addition, the Planning Commission seemed to feel the CUP for stream bank stabilization and the variances for the proposed crossing or footbridge over the creek were acceptable. PAGE2of8 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 23, 2009 7:00 o'clock p.m. (6. #09 -3428 MICHAEL AND MARILYN HUTHWAITE, 3382 BAYSIDE ROAD, Continued) The applicants have reduced the overall size of the home footprint by only 167 square feet. However, they have reduced the proposed patios, reoriented the driveway and vehicle courtyard and have proposed a significant reduction in the portions of the home and hardcover to be located within the 7 5 feet creek setback. Their initial proposal was for 2,322 square feet of hardcover within the 0-75 foot zone. Their revision reflects a 965 square foot reduction within this zone. The revisions result in 365 additional proposed square feet within the 75-250 foot zone. The revision also proposes to meet the 50-foot setback on the western Bayside portion of the property and will only be two feet short of the SO-foot setback on the Crestview side of the lot. Moving the home farther from the creek results in a 60-foot setback where 75 feet is required, which is an improvement of ten feet from the previous plan. This shifting of the home to the north allows for only an 11-foot setback from the side lot line and adjacent neighbor's property where a 30-foot setback is required. A 16-foot setback was initially proposed. The property is currently four separate tax parcels which are proposed to be combined in conjunction with a building permit. The Planning Commission also indicated that the inclusion of hardcover mitigation measures such as native vegetation buffers, rain gardens, pavers, etc., was encouraged. The applicants continue to propose to incorporate wetland buffers in the required areas as well as additional areas in order to attempt to mitigate for the excesses in hardcover. The Planning Commission voted 5-0 to recommend approval of the revised plans. Staff still believes the design of the house does not fit the constraints of the property . The shape of the house seems to be a desire of the applicants to re-recreate their existing residence rather than design a home better suited to the prope1iy. Staff also continues to recommend denial of the footbridge over the creek. There are existing alternatives for access to the southern portion of the property via Crestview or Bayside Road. Jerry Steiner, Attorney-at -Law, noted he represents the Applicants, who currently reside in Tennessee, and are unable to make tonight's meeting. Steiner stated in his view there is no dispute that the hardship criteria have been met and that there is no issue that variances are warranted for the property. This is a difficult piece of property to work with given the topography and size of the lot. The project proposed by the Huthwaites will be a significant improvement to the neighborhood. Stubbs Bay Creek crossing this property is in a very deteriorated condition and this project will help correct the erosion problems by doing bank stabilization and native plantings. There will also be substantial improvement to the water quality of the creek compared to what currently exists as a result of the reclamation efforts of this project. The project also eliminates a significant amount of hardcover in the 0-7 5 foot zone. Steiner noted the neighborhood between Crestview on the east and Bayview on the west are comprised almost entirely of lots that are under half an acre. The zoning district requires a two-acre lot size but there are virtually no two acre lots in this area. If this lot were located in a one-acre district, the variances to the side setbacks would not be required. PAGE3of8 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 23, 2009 7:00 o'clock p.m. (6. #09-3428 MICHAEL AND MARILYN HUTHWAITE, 3382 BAYSIDE ROAD, Continued) 1 Steiner indicated the Huthwaites have spent a considerable amount of time with Staff and the Planning Commission to design a set of plans that meet as many of the City's concerns as possible. Steiner requested the City Council approve the Huthwaite's application subject to Staffs recommendations . McMillan asked what percentage of trees would be removed. Steiner indicated it is the Huthwaite's desire to leave as many trees as possible. Hendel stated their plan is to remove only the diseased trees. McMillan inquired whether they have discussed this project with the Minnehaha Watershed District. Hendel indicated they have and that they are awaiting the City's approval of the project. Murphy stated restoration of the creek is probably the most important aspect of this application and that he is totally supportive of that portion of the project. Murphy indicated he does not have any issue with the bridge. Steiner noted the bridge would help them access the southern portion of their lot. Murphy expressed concerns that the new residence may be a little out of character for the neighborhood. Murphy noted a number of the homes in the neighborhood are either being rented or for sale and that given the current state of the economy, it is likely that neighborhood will remain in that state for a number of years . Steiner stated the flip side of that argument is that if this project does not go forward , the property will remain undeveloped . Bremer stated the home is more in keeping with the Oxford neighborhood , which is located across Bayview Road. Bremer conunented the home could raise a massing issue given its size on a small lot. McMillan stated in her view the proposed size of the house on this small lot should be taken into consideration. Franchot indicated he is comfortable with the plans and that it is a reasonable use of the lot in his opinion. The reclamation around the creek is an added bonus. McMillan stated she appreciates the revisions made by the Applicant but that she has a concern given the close setback to the neighboring property to the north. Steiner noted there are a number of similar setbacks in the area. McMillan concurred that there are a number of similar setbacks throughout the neighborhood. McMillan expressed concern that the creek reclamation project will require a considerable amount of maintenance. Steiner noted the Huthwaites are required to sign a maintenance agreement . PAGE4of8 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 23, 2009 7:00 o 'clock p.m. (6. #09-3428 MICHAELANDMARI..LYN HUTHWAITE, 3382 BAYSIDE ROAD, Continued) Bremer indicated she is in support of the application and that perhaps the City ma y want to look at rezoning some of these smaller lots located in two-acre zoning districts. White stated he is in agreement with Commissioner Murphy and that the proposed improvements will enhance the creek and the neighborhood. Murphy moved, McMillan seconded, to adopt RESOLUTION NO. 5887, a Resolution Granting Variances to Municipal Zoning Coder Sections 78-305, 78-1279 & 78-1288, and a Conditional Use Permit Pursuant to Municipal Zoning code Section 78-966. VOTE: Ayes 5, Nays 0. #09-3432 CHRIS GERARDI, GENERAL MANAGER ON BEHALF OF WAYZATA C UNTRY CLUB, 200 WAYZATA BOULEVARD WEST -CONDITIONAL USE PERMIT AM DMENT FOR MAINTENANCE BUILDING AT 430 OLD LONG LAKE ROAD Bremer mo d, Murphy seconded, to direct Staff to direct an approval resolution for Wa Country Club, 00 Wayzata Boulevard West, granting of a conditional use permit ame ment for the maintenance ilding located at 430 Old Long Lake Road. VOTE: Ayes 5, Nays . MAYOR/COUNCIL REP T Murphy noted he received a call fro Jared at the Sun Sailor regarding the · ·ng of the new city administrator. McMillan noted she attended the LMCD me ·ng this past week to ar the report regarding the herbicide treatments. The residents of St. Alban 's Bay an Gideon 's Bay re interested in expanding the program to their area. Carman' s Bay was not treated this y r due to 1 k of funding. McMillan noted the mil foil has been decreased on Gray's Bay and Phelps Bay bu ex id experience some difficulty on Phelps Bay due to the water movement. The first year they applied · quid herbicide and the second year they did a granular application. They are attempting to fine tune ea lication process. McMillan reported that curly leaf pond weed did ·ncrease in Gra Bay and Phelps Bay but decreased in Carman's Bay this past summer. One possibil" y is that the eradicat1 n of the milfoil allowed the pond weed to grow more. The LMCD agreed tha 1f the residents of Carman' Bay can raise the necessary funding , they would add that bay to the p 0ect. If the other bays would 11 e to fundraise and apply herbicide to their bays , they would nee to go through the DNR process of o aining a permit. McMillan noted there were a couple people in endance that were opposed to the use o emicals on the lake. Franchot noted he has been atte ing a number of meetings of the Lake Minnetonk Cable Conunission. The discussion around FTTH 1ber-to-the-home, continues to be quite serious and tha he Commission does recognize a number o the pitfalls associated with the project. The Commission is c ently developing a plan to ad ess some of the monetary concerns and have determined that the p · ect is not qualified for any oft current goverrunent grants since Hennepin County is conside,ed an urb ~ PAGE 5 of 8 MINUTES OF THE ORONO PLANNING COMMISSION.MEETING Monday, November 16, 2009 6:30 o'clock p.m. (#05-3164 CITY OF ORONO, CONSERVATION DESIGN ORDINANCE, CONTINUED) Rahn stated in his view it did not sound like Staff was surprised by the comments and that they have taken them into consideration already . Rahn stated the City has approved numerous applications without this ordinance but still took measures to protect the environment and that he would not be opposed to moving the application forward to the City Council. Schoenzeit noted public comments would be allowed at the Council level. Leskinen commented in her view the ordinance has been discussed thoroughly over the past few months and that if the City Council feels it is necessary to send it back to the Planning Commission , that would be another option. Rice moved, Rahn seconded, to recommend approval of Application #05-3164, City of Orono, Conservation Design Ordinance. VOTE: Ayes 5, Nays 0. 3. #09-3428 MICHAEL AND MARILYN HUTHW AITE, 3382 BAYSIDE ROAD, VARIANCES, 6:59 P.M. -7:35 .P.M. Michael and Marilyn Huthwaite, Applicants, were present along with Jeremy Steiner, Attorney-at-Law , and Rick Hendel, Builder. Curtis noted this application was tabled at the October Planning Commission meeting. The applicant originally was requesting a conditional use permit for grading within 75 feet of Stubbs Bay Creek as well as lot area, creek setback, and hardcover within the 0-75 foot and 75-250 setback zone variances in order to construct a replacement residence. At that time the Planning Commission directed the applicant to address the following: 1. The footprint of the home should be reduced in order to better fit within the required street, side, and creek setback. The creek setback was identifi e d as a priority. 2. The attached garage could be reduced in order to alleviate a portion of the encroachment into the creek setback. In addition , the Planning Commission seemed to feel the CUP for stream bank stabilization and the variances for the proposed crossing or footbridge over the creek were acceptable. The applicants have reduced the overall size of the home footprint by only 167 square feet. However, they have reduced the proposed patios , reoriented the driveway and vehicle courtyard and have proposed a significant reduction in the portions of the home and hardcover to be located within the 75-foot creek setback. Their initial proposal was for 2 ,322 square feet of hardcover within the 0-75 foot zone. Their revision reflects a 965 square foot reduction within this zone. The revisions result in 365 additional proposed square feet within the 75-250 foot zone . The revision also proposes to meet the 50-foot setback on the western Bayside portion of the prope1ty and will only be two feet short of the 50-foot setback on the Crestview side of the lot. Moving the home farther from the creek results in a 60-foot setback where 75 feet is required , which is an improvement of ----------------------------------------------------------------------------------------------------------------------------------------Page 5 -------------------------------------------------------------------------------------------------------------------------------------------- ( MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 16, 2009 6:30 o'clock p.m. (#09-3428 MICHAEL AND MARILYN HUTHW AITE, 3382 BAYSIDE ROAD, CONTINUED) ten feet from the previous plan. This shifting of the home to the north allows for only an 11-foot setback from the side lot line and adjacent neighbor 's property where a 30-foot setback is required. A 16-foot setback was initially proposed. The Planning Commission also indicated that the inclusion of hardcover mitigation measures such as native vegetation buffers, rain gardens , pavers, etc., was encouraged. The applicants continue to propose to incorporate wetland buffers in the required areas as well as additional areas in order to attempt to mitigate for the excesses in hardcover. Staff still believes the design of the house does not fit the constraints of the property. The shape of the house seems to be a desire of the applicants to re-recreate their existing residence rather than design a home better suited to the property. Staff recommends the following: 1. Denial of the hardcover variance and structural setback variance to allow the foot bridge. 2. Approval of the conditional use permit subject to the MCWD requirements for the stream bank stabilization and the City Engineer's recommendations . 3. Approval of the lot area variance conditioned upon the combination of the four lots into one tax parcel prior to the issuance of a building permit and compliance with the wetland buffer requirements. 4. Approval of the proposed side and street setback variances as revised. The creek setback encroachment could be further improved upon; however, Staff feels the applicants have met the direction of the Planning Commission. 5. Approval of some level of hardcover variances as the Planning Commission deems appropriate in conjunction with the following: a . Implementation of the proposed mitigation measures consisting of native vegetation areas between the home and the creek. b. Patios, sidewalks, courtyard and driveway to be constructed using pavers. Mr. Huthwaite stated they would like to purchase this property for their retirement home and that there are a number of problems with the current house, which is the reason for their proposal to raze the structure and construct a new residence. The creek is a Management III wetland, which is a minimum type of wetland, and their plan helps to mitigate the erosion that is presently occurring. As previously mentioned, a substantial amount of work has been done to their plans. The garage has been reduced, the size of the living/dining room area has been reduced, and the patio areas have also been reduced. As a result of that, the house has been re-angled and relocated further north. The hardcover area in the 0-75 foot zone has been reduced by approximately 1,000 square feet. Given the changes , Mr. Huthwaite requested the Planning Commission approve their application. Rahn asked what the setback is for the existing home on the side with the proposed 11-foot setback. MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 16, 2009 6:30 o'clock p.m. (#09 -3428 MICHAEL AND MARILYN HUTHW AITE, 3382 BAYSIDE ROAD, CONTINUED) Curtis stated it is 11 feet. Huthwaite stated they were able to talk with 17 of the neighbors and that all 17 of them indicated they are in favor of the project. The home to the north is in the process of selling their property and they have not been contacted. Rahn commented that in his view the property to the north , if he was not selling the property , would have an issue with this project. Huthwaite pointed out that there is a tall hedge located between the two properties and that they cannot see into that residence. Schoenzeit asked what the original proposed setback on that side of the house was. Curtis indicated it was 16 feet. Rahn asked if the dimension of the house has changed . Huthwaite stated it has changed slightly. They have reduced the foyer area by 22 percent and they have also reduced the garage, living room/dining room area , and patios , which allowed them to re-angle the house out of the 0-75 foot zone. Kang noted the building footprint has been reduced by 167 square feet. Chair Kang opened the public hearing at 7: 12 p.m. There were no public comments regarding this application. Chair Kang closed the public hearing at 7: 12 p.m. Schoenzeit stated the fact that the existing neighbor to the north is selling his property, there is no one that is speaking for or against this project that might reside in that residence. Schoenzeit noted that that residence is also close to the property line. Rice commented the applicants have made significant changes to their plans , which is a definite improvement, and that the least desired change was relocating the house further into the setback. Rice noted she does not have a problem with the bridge. Kang commented she is sensitive to the cost of pavers , but recommended the applicants consider installing impervious pavers in some of the smaller hardcover areas. Leskinen stated the size of the house has not been reduced substantially and instead moved further back into a different setback. Leskinen expressed concerns that the size of the residence is too large for the lot. Kang noted the applicant did follow most of the direction given by the Planning Commission by reducing the amount of hardcover near the creek, which was a major concern at the last meeting. -----------------------------------------------------------------------------------------------------------------------------Page 7 ( ( MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 16, 2009 6:30 o'clock p.m. (#09-3428 MICHAEL AND MARILYN HUTHW AITE, 3382 BAYSIDE ROAD, CONTINUED) Leskinen stated she is in agreement with the reductions but that she has a concern with relocating the house further back toward the creek. Schoenzeit indicated he also does not have a problem with the bridge . Schoenzeit noted the residence to the north is located 11.1 feet from the property line and that this one is proposed to be at 11 feet. Rahn stated the intent of the 30-foot setbacks is to lessen crowding on the adjoining property and that the house to the north is older than 10 or 15 years old . Rahn expressed concern with the considerable encroachment into the setback. Rick Hendel , Builder, stated they did look at the option of flipping the house , which would result in a further encroachment toward the neighbor. Hendel noted a three-car garage does not fit given the building envelope and the topography of the lot. Additional fill would also be required for the driveway if the house were flipped . Curtis noted this is 2-acre zoning but that one could argue that this neighborhood is more like a 1 to 1-1/2 acre zoning . Curtis indicated the 1-acre lots require a 10-foot side setback. Huthwaite indicated the cost of the pavers is an issue but that he is not opposed to looking at putting more pavers in . As it relates to the 11-foot setback, the neighbor also has an 11 -foot setback, with a tall hedge in between the two . The lot is approximately 3/4s of an acre rather than two acres . Schoenzeit asked what the Planning Commission feels about the argument that this is really a one acre lot rather than two acres . Kang commented that she would be willing to accept that argument and that she is not opposed to the 11-foot setback. The only other option would to reduce the size of the house even further. Rahn stated in his opinion this is a design issue but that the options are limited. Kang noted the concern at the last meeting was to keep the house away from the creek as much as possible. Schoenzeit asked whether the other houses in the neighborhood meet the 30-foot setback. Curtis displayed an aerial photograph of the area on the overhead and pointed out the residence to the north. Rahn commented that the lots appear to be close together and asked whether there are any two-acre lots in the area. Curtis stated to her recollection there are not any two-acre lots in the immediate area . Rahn asked what type of materials the bridge would be constructed out of. -·-·-····--·-·---·--·----------·-··-·----··-------·-----·-·--··--···· Page 8 ·-···--····--··--·····--·-·-·····---··---··-····---··-··-··-·------ MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 16, 2009 6:30 o'clock p.m. (#09-3428 MICHAEL AND MARILYN HUTHW AITE, 3382 BAYSIDE ROAD, CONTINUED) Huthwaite stated he is flexible on the materials and that he would like safe access to that portion of his lot. Rahn stated there are materials that allow a lot of water to pass through and other materials that would not allow a lot of water to pass through . Huthwaite -stated he would like to utilize materials that would allow the water to pass through as much as possible . Kang stated it appears the outstanding issue relates to the setbacks. Curtis noted the hashed line area is the proposed native planting area. The City 's wetland consultant has reviewed the plans and it does meet the City's criteria . Schoenzeit moved, Rice seconded, to recommend approval of Application #09-3428, Michael and Marilyn Huthwaite, 3382 Bayside Road, granting of a lot area variance, an 11-foot side setback variance as reflected on the revised plans, a street setback variance, hardcover variances, and approval of the conditional use permit, subject to Staff's recommendations, and subject to the foot bridge being constructed of appropriate architectural materials that will allow a 50 percent porous surface. VOTE: Ayes 5, Nays 0. 4. , 09-3433 RICHARD HANSON, 340 BIG ISLAND, VARIAN CE AND V AC1Y~ OF RIGHT-. -WAY, 7:35 P.M. -8:01 P.M. ,// Turner state~ th plicant is requesting vacation of unimproved Meta Cometp,Las well as a lot area variance to clarify t .status of the property. /7 The required notification o ig Island property owners was done i:!,,lefG. However, the lead staff person left the City's employ that fall. In 1986, a second notification wasdone. George Hanson, then the owner < of the property, returned the lot ar€a variance application and_JJtner paperwork at that time. Earlier this year, Staff began to update the recorcls of Big Island prope:vrfes. Unprocessed applications for the "automatic lot area variance" were fourl'cl. in the files of.;t6out seven record lots. Staff had intended to bring all these applications for simultaneous consid_5ra"tion. Since Mr. Hanson made application for the vacation, it seemed appropriate to also proces t_h ·Jot area variance. / Proposed to be vacated is a 33-foot wide st;:eet righf:qf-way that extends about 200 feet into Mr. Hanson 's property . This right-of-way was dedicatecl by the plat c5 Morse Island Park, which was recorded in 1887. It dead ends about 38 feet from the lfrk( Formerly it conne~ted to Massasoit Avenue, which was vacated in 2002. All abutting property is (i)'Wned by Mr. Hanson. Sinel there is an overhead electrical line that serves both 340 and 350 withi_µtttis right-of-way, a utility easen1€.lJ.t will be maintained over a portion of the right-of-way. The;, one company indicates it has nothing "' ithin the right-of-way. /t ,t,( /" L ~···-· Page 9 Date Application Received: 09/23/09 Date Application Considered as Complete: 09/28/09 120-Day Review Period Expires: 01/26/2010 REQUEST FOR COUNCIL ACTION Department Approval: Administrator Approval: Name: Melanie Curtis Title: Planning & Zoning Coordinator Date: 17 November 2009 Item No . Agenda Section: Item Description: #09-3428 Michael & Marilyn Huthwaite 3382 Bayside Road -Variances & Conditional Use Permit -Resolution Zoning District: Lot Area: Lot Width: List of Exhibits: LR-1A One Family Lakeshore Residential District (2 acres) 34,400 s.f. (0 .79 acre) 107' + 182 ' at Bayside Road (the road curves) Exh i bit A -Proposed Survey Exhibit B -Proposed Landscape Plan Exhibit C -Proposed Building Plans Exhibit D -Resolution per Planning Commission recommendation Exhibit E -PC Action Notice dated 11 /17 /09 Exhibit F -PC Memo & Exhibits of 11 /12/09 Exhibit G -PC Minutes 10/19/09 Exhibit H -Draft PC Minutes 11/16/09 Application Summary: In order to construct a rep lacement residence the applicants are requesting the following: 1. A lot area variance for 34,400 s.f. where 87 ,120 s .f. is required ; 2 . A street setback variance to allow a 48 ' setback from Crestview where 50 ' is required ; 3 . A side yard setback variance to allow 11 ' where 30 ' is required ; 4. A creek setback variance to allow 60 ' where 75' is required ; 5 . Hardcover variances to allow 6 .57% within the 0-75 ' zone and 36.33% within the 75'-250' zone where 0% and 25% are allowed ; 6. Hardcover and structural setback variances to allow a footbridge to cross Stubbs Bay Creek; and 7. A cond it ional use permit for grading within 75 ' of Stubbs Bay Creek (for stream bank stab ilization). The property is currently 4 separate tax parcels which are proposed to be combined in conjunction with a building permit. Planning Commission Recommendation At the October meeting , the applicant was requesting side yard , both street yard and creek setback variances as well as hardcover variances in both zones. They were directed to explore reducing the footprint of the proposed home in order to better fit inside the required setbacks ; the creek setback 17 November 2009 09-3428 Page 2 was cited as a priority. The Planning Commiss ion seemed to feel the CUP for stream bank stabilization and the variances for the proposed footbridge over the creek were acceptable . At the November 161h meeting although the applicants had not completely eliminated the encroachment and hardcover within 75 ' of the creek the Commission felt the applicants had followed their general direction with the ir revisions. The Planning Commission recommended approval of the revised plans with a 5-0 vote . Planning Staff Recommendation Staff still feels the proposed home has not been designed for the property and a different home design could better accommodate the challenges of the lot spec ifically the creek setback . Staff also continues to recommend denial of the footbridge over the creek . There are existing alternatives for access to the southern portion of the property via Crestview or Bayside Road . Staff has prepared a Resolution based on the Planning Commission 's recommendations of approval of the variances and conditional use permit. COUNCIL ACTION REQUESTED Adopt or amend the attached Resolution. {•JS~ ' '-.. \ ' ' \ \ \ \ \ CERTIFICATE OF SURVEY FOR MICHAEL HUTHW AITE OF LOTS 8-11, BLOCK 5, BAYSIDE ADDITION TO LAKE MINNETONKA I I I HENNEPIN COUNTY, MINNESOTA --gED ------g'ffi----------.. . ' ---948 -- / --9.t.A----, --"f"T ....._ // 125.25BAYSllE .;;;:, c§Y' .. s 89°43' 36//E 124.89-=ro········>::::....._ / ~ '-.. '-.. ··1 , ... i · .. \_ab<.· .,~) .... \ I I \ . I I \ \ \ ~··•> ~1,(\() ~ \\ , \ \ \ \ ... \ \ \ \ \ \ \ .·: ... \ \ \ \ <'.. \ \ lll..'' v \ \ \ '~~ \ ~'\':> I,_\ (/) 0 0 0 ..... o 0 (940.7) ' 4b '--- {944.0) ------, ' ' ' ' \ \ \ \ )~ ~<o \ ~ / 0 0 ....._ {941.9) WJff)l£ LAKE 0 I') '....._. 'o'o \ \ ~fr' {OJS.8) ~ ( / ~ l \ \ \ .>i \ l!;}. \ Vo \ ~~\ 1-f..._ \ v:..~ \ ~\ STREET-•· PVc smrAAv SEWR ·o PROPOSED ELEV A TIONS 1) Garage = j949.5j 2) First floor = !950.3! \ SEWER sn..e c!>_~\ ~/ (l ~ 1,, ..... -r,,.,_ '\ \. / / / INV•(OJ0, 1>-.,/ :: 11 ~;;;-t \ .................. N 89°46' 11" W 107.00 ................... ....- C-tri}-1,-c: ..._ ..._ ..._ l?o-1g0cc " "'-1.J::.Cl<-. -(93&.1) -------,,,,,____ ----938--------- o BAYSIDE ROAD / > <1(m.2) M. z~ ~: M~ "' -< V, f'1 :,: "' {939.3) 40 J I I "' "' 3) Basement = !940.0j :"40.4) 6" PVC SANITARY SEWER"""j;:;,-------"':_--,l (OJa.7) (m.J) LEGAL DESCRIPTION OF PREMISES : Lots 8, 9, 10, and 11, Block 5, Bayside Addition to Loke Minnetonka 0 : denotes iron marker (908.3): denotes existing spot elevation, mean sea level datum !910.Bj : denotes proposed spot elevation, mean sea level datum --917--: denotes existing contour line, mean sea level datum --@Qi}-: denotes proposed contour line, mean sea level datum Bearings shown are based upon an assumed datum. This survey shows the boundaries of the above described property, the loca ti on of on existing creek, and the proposed location of a proposed house , porch, patio, walls, contours, grades, and driveway thereon. It does not purport to show any other improvements or encroachments . DESIGNED REVISION DATE DESCRl'TION $GRONBERG AND DRAWN t-23-0t PROPOSED HO<&, ORIVEWAY, PATIO' s AND WALLS SHOWN "" Ass O CI ATE s INC 11-23-09 PROPOSt:D CflAOES Atl) SLT f"EHCE SHOWN ECXI ' • ECO J 10-12-0• OELIV.Trll wtn.oos I< !Uf!RS SHOWN ""' CONSULTING ENGINEERS, LAND : 4 11-S-09 PROPOSED HOUSE. HOUSE LOCATKlN, PATIO'S. ANl DRIVEWAY REVISEO '"' SURVEYORS, & SITE PLANNERS CHECKED 445 NORTH WILLOW DRIVE MSG LONG LAKE, MN. 55356 952-473-4141 09-2398 ~ 40 20 0 S C A L E IN V l<AIHll.E ED NOVO n 2009 CITY OF ORONO 20 40 F E E T I hereby certify that this survey was prepared by me, or under my direct supervision, ond that I am a duly registered Civil Engineer and Land Surveyor under the lows of the State of Minnesota . ~ ~~ ~ '"'\ SCALE 1"=20' DATE 9-9-09 JOB NO. 09-2398 st 0 0 N "-l{) BWSR U7 SEED MIX: Botanical f'.lame Corn man Name Grasses Ul.gropyron trac twcauli.Jrn Slender 'J\lr>eatgrass Andrcpogon gera,,:iil Big B luestem A ,.eoa sativa Oats B r,:i m us f)"Jtgcns Hauy Weed Che5s E tymus canadens,s Canada Wi:ld Rte Etym us 1,ugnucus VlrgirJa Wild Rye Hysu1x patu la Bottie bn.ish G ra s -s l olium 1:t.aiic urn Annual Rye i;in n1cum ·.u g=itum Swrtchgr.ass Forbes A g astncr,e toen.itulum .An&se t-tyssop lA ster L1e1As S mooth B il» A ster Aster mac ro phyllus l.arge-lea-A,ter Aster ptarmic oide s Ul)4 and 1/'Jh lte Ast!r Desmodi um c anadense Canada Milk Vetch Hetiopsis ~taa nthoKJ.es Ox .aye S1,.;n1I O\-ver M o narda fi stufosa Wild Bergamct Rudbec k,a hirta Black-eyed Susan V E:G ETABLE GARDENS R udbe(:kia lac •niata Wt!d Golde n Gla..v Solidago rigioa S1l11Go=roo ·/erteoa ha stata 8 1Ue>V2MIO V ic-ia am~ric i na A men(.an Vetch Zi.z ia a ptern He artleat Ale'IC ar.der s ;Ji ~ au rea Goldtn Aloixa ndors PRELIMIN A RY PL ANT SCH EDUL E COl;M)NNME Re<I OOI< S P ~9 RH 13 P JM 5 AA 4 MIC -,-o- TO 3 RR • BUX 1.6 Jl.!N 12 TAX Gold u::e ....,.,., __ i!!5' Coot. . E mf:f.akl Spread'e< 'f e,,, j#S ConL SMK El -+-'--"--'-1_iS~s_K_un_· ___ . ____ ,_M~tS~$ KATI L;tx 13,Z Cont. 8 .a"fbeny #2. Cont 32 01 CCl\l. PLANTl i\lG NOTES /GENERAL NOTES: l. 10 foot wel la r d burfei O(E:o s hall be s ee ded wit h seed mi:-: BWSR VO al lO!bs. p~r acr e ond as reccmrnt:!ndecl by supplier/m'J'11.J.facture1·.Shaded a r -=as 011.J llie creek edg e s hal! be supplem e nted with native plantings (se':! 11st on Sheet )) as needed 2. Areas outside tt1e 10' wet.lund buffer shnll be 5eeded with BWSR U2 al 15 1bs. per acre and IJS recmrnendec1 by s uppl ier /m anufocturer. 3 Sloped areas in t he 10' buffer 2one shall be muintoined with a sla bi!i zalion fabric 4. Perennial oreos denoted on the plan sha ll be d etermined Perennials shall consist of g ar den pe, ennials, g round COlf':!rs ond ornamental a n d native grasses. 5 . Edging materials to be determ',r;ed . 6 Mulch path is a permeab l e path v.1ith no plastic underneclh . 7. Existing Buckthorn hed ge t o remain. 8 . Steep creek ba nks shall be graded bock t o 2 · 1 or 3: 1 slopes Yiherever possible (see drowin :;i). 9. Landscape irrigation to be determ in ed. 10. Landscape wa!!s are proposed to be Fon -du-Lac S tone. 11 . All landscaped planting beds t o be mulched (mulc h to b e determined) 12. Erosion control shall be maintuined along l he e d ge of lhe creek and along roodways as requir ed. 13 .2. BUFFER AREA SUPPLEM ENTAL PLAh f LI ST REDOSIER DOGWOOD. CRAelBERRY \/IBURNUiv', BLUE FLAG I RIS, MARSH MARIGOLD, CULVER'S ROOT, f.,IARSH ASTER, ANGEL 'CA, JOE -PY, WEED , PHYSOSTEG I A, FER l,S A'ID OTHERS "lf\TIVF PLANS W BE DETER~IINED . 0 20 40 60 RECEIVED SCA L E IN FEE T NOVO n 2009 CITY OF ORONO / // / I ////I 1 '\ \\ SH EET 1 FINAL_ L A N.OSCAPE 1 QR--,----------"<- TURFGRASS SOD 75' SETBA CK L IN E F ROM C REEK BANK TURFGRASS SO D T UR FG RAS S S OD ) ~ ~-~Exh ibit$ ~ i (:) .. ~ ., ~ .. > ~ ..J ~ <1 ( ~ ~ ., :: .. ~ - z • I I I~ I (\j CJ' 0 '1 I, II I I I 0 II I .... 11.02 .2 009 .. ..,., HENDEL \. ,. ( :•, NORTH ELEVATION SCALE 1/8"=1'-0" EAST ELEV A TION SCALE 1/8"=1'-0 " exm~rc;· PROPOSED SINGLE FAMILY RESIDENCE VARIANCE DRAWINGS 3382 BAYSIDE ROAD ORONO, MN 55391 22 SEPTE11BER 2009 RECEIVED SEP 2 3. zo og 15250 Wayzata Blvd. Wayzata, MN 55391 CITY OF ORONO 952-404-7204 www.hendelhomes.com I.,~, ... I ..,.-.._ liZl! c re a t i V e g r o www.timelessarchitect.com inf o@timelessarchi tect. com 612-296-7575 Copyright 2009 u p Page 7 of 8 WEST ELEVATION SCALE 1/8"=1'-0" SOUTH ELEVATION SCALE 1/8"=1'-0" C2-- PR0P0SED SINGLE FAMILY RESIDENCE VARIAN CE DRAWINGS RECEIVED 3382 BAYSIDE ROAD ORONO, MN 55391 22 SEPTEMBER 2009 t \T lF ~'J.., :;.,' -.r...,.. ;· ... SEP 2 ii . d:t ~ 15250 Wayzata Blvd. CITY OF OHONO Wayzata, MN 55391 952-404-7204 www.hendelhomes.com c re a t ve g r o u www.timelessarchitect.com Eln.m.,· LLJlAs info@timelessarchitect.com p ,~#3 4 2 8 c~~;;;:~;~~~9 Page 8 of 8 r---------------~ -------------A--.A-j_ 80'-10" I -r~ sg, ~:---:---'l ------------------------------------------------.! r-.nl, ~-___ :_~22'3:::::=:-0" ~.---;:'" : -.: .. --. \.J::. @ : . ~---~--~~~-~-:~ -r---=-----=--=--=---~--~:----=---=-=----------------t--.11 I ------18 '-o" 22·-o" ~ I ---------- (\J I ~1 ~ § , . i -I-tJ~lll'i l ________ Jl _____ JG] I l----18' O" __ ___j I I I I I I I I -v' _L FllflllJ••llllfl!l~l'!IJ:~••••-' 1• I'··· 8::·············:•:•••::::.:.:-:-:-:-·,·.·.·.-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:::-~::::···-·.·.·.·:-:-:-:-:-:-:-:-:-:-~ 18'-11 7/8" MAIN LEVEL FLOOR PLAN Af'f'ROXIMATE FINISHED SQUARE FOOTAGE= 2 ,717 ...., I I I I I I I I I I I I I I I I O' 2' 4' 6' 8' /0' 12' 14' /6' GRAPHIC SCALE sq ft IMAGE TRUNCATED TO FIT ON PAGE RECEIVED NOVO 6 2009 CITY OF ORONO G3 PROPOSED SINGLE FAMILY RESIDENCE VARIAN CE DRAWINGS 3382 BAYSIDE ROAD ORONO, MN 55391 REVISED 10-28-09 :t 15250 Wayzata Blvd. Wayzata, MN 55391 952-404-7204 www .hendelhomes.com ~ -· creative group www.timelessarchitect.com info@timelessarchitect.com 612-296-7575 Copyright 2009 Page 5 of 8 " --u. -V"'----./'--./'--./'--0',-1 --./' DN ,----------------. / \ LOWER LEVEL FLOOR PLAN APPROXIMATE FINISHED SQUARE FOOTAGE= 2,413 "'1 I I I I I I I I I I I I I I I I 0' 2' 4' 6' 8' 10' /2' 14' /6' IMAGE TRUNCATED TO FIT ON PAGE GRAPHIC SCALE 0 01] 0 RECEIVED NOVO 6 2009 CITY OF ORONO C4-~ PROPOSED SINGLE FAMILY RESIDENCE VARIAN CE DRAWINGS 3382 BAYSIDE ROAD ORONO, MN 55391 REVISED 10-28-09 15250 Wayzata Blvd. Wayzata, MN 55391 952-404-7204 www .hendelhomes.com creative group www.timelessarchitect.com info@timelessarchitect.com 612-296-7575 Copyright 2009 Page 6 of 8 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 78-305, 78-1279 & 78-1288 AND A CONDITIONAL USE PERMIT PURSUANT TO MUNICIPAL ZONING CODE SECTION 78-966 FILE NO. 09-3428 WHEREAS, The Estate of Esther M. Addison (hereinafter "the Owner") is the owner and Michael Huthwaite and Marilyn Huthwaite, husband and wife, (hereinafter "the Applicants") have an interest in the property located at 3382 Bayside Road within the City of Orono (hereinafter the "City") and legally described as follows: Lots 8, 9, 10, and 11, Block 5, Bayside Addition to Lake Minnetonka, Hennepin County , Minnesota (hereinafter the "the Property"); and WHEREAS, the Applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-305 (B) to allow construction of a new home at 3382 Bayside Road which consists of four separate tax parcels totaling 34,400 square feet in area where 87,120 square feet in area is required; WHEREAS, the Applicants have made application to the City of Orono for variances to Orono Municipal Zoning Code Section 78-305 (B) to allow construction of a new home 48' from Crestview Avenue where a 50' setback is normally required and 11' from the north side lot line where a 30' setback is normally required; WHEREAS, the Applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1279 (1) to allow construction of a new home 60' from the OHWL of Stubbs Bay Creek where a 75' setback is normally required; WHEREAS, the Applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1288 to allow 6.57% hardcover within the 0-75' creek setback where 0% is normally allowed and to allow 33.3% hardcover within the 75'- 250' setback from the creek where 25% hardcover is normally allowed in conjunction with the construction of a new home on the property and the installation of a footbridge crossing the creek; and Page 1 of 7 WHEREAS, the Applicants have made application to the City of Orono for a conditional use permit pursuant to Orono Municipal Zoning Code Section 78-966 to conduct grading within 75 ' of the OHWL of Stubbs Bay Creek where grading is typically not permitted in order to stabilize the creek bank. Minnesota: NOW, THEREFORE BE IT RESOLVED by the City Council of Orono , FINDINGS 1. This application was reviewed as Zoning File 09-3428 2. The Property is located in the LR-IA One Family Lakeshore Residential Zoning District which requires a minimum lot area of 2.0 acres and a minimum lot width of200 '. 3. The Planning Commission reviewed this application at public hearings held on October 19 and November 16 , 2009 and recommended approval of the variances based on the following findings: a. The Property currently consists of 4 separate tax parcels totaling 34,400 square feet in area. The Applicants have proposed to combine the parcels into one tax parcel prior to issuance of a building permit for the Property. b . The Property is substandard in area and a residence has existed on the Property for many years. c. The driveway is proposed to be relocated off of Bayside Road to a safer location on Crestview A venue. d. The Property is served by sanitary sewer. e. There is no additional land available to bring the lot area into conformity. f. The Applicants are proposing to remove over 900 square feet of hardcover from the 0-75 ' zone . Page 2 of 7 g. The Applicants have proposed to install native plant materials within the 16.5 ' wetland buffer as required as well as additional areas of the Property in order to mitigate for some of the additional hardcover. h. The proposed footbridge over Stubbs Bay Creek 1s not proposed to accommodate any vehicular traffic. 1. With 10% structural coverage , the proposed residence is below the structural lot coverage limitation of 15%. 4. Further, the Planning Commission reviewed this application at public hearings held on October 19 and November 16 , 2009 and recommended approval of the conditional use permit for creek bank stabilization based on the following finding : a. The Applicants will comply with the Minnehaha Creek Watershed District's regulations. 5. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the Applicants and the public, and the effect of the proposed variance on the health, safety and welfare of the community. 6. The City Council finds that the conditions existing on this Property are peculiar to it and do not apply generally to other property in this zoning district ; that granting the variance would not adversely affect traffic conditions , light, air nor pose a fire hazard or other danger to neighboring property ; would not merely serve as a convenience to the Applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the Applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 7. The City Council finds that granting the conditional use permit would not be detrimental to the public health , safety or welfare or materially injurious to properties or improvements in the vicinity. Page 3 of 7 CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings , the Orono City Council hereby grants the following: a variance to Orono Municipal Zoning Code Section 78-305 (8) to allow redevelopment of 3382 Bayside Road which consists of four separate tax parcels totaling 34 ,400 square feet in area where 87 ,120 square feet in area is required ; a variance from Section 78-305 (B) allowing structure 48 ' from Crestview Avenue where a 50' setback is normall y required and 11' from the north side lot line where a 30 ' setback is normally required; a variance to Section 78-1279 (1) to allow the home 60' from the OHWL of Stubbs Bay Creek where a 75 ' setback is normally required; a variance from Section 78-1288 to allow 6.57% hardcover within the 0-75 ' creek setback where 0% is normally allowed and to allow 33.3% hardcover within the 75'-250' setback from the creek where 25% hardcover is normally allowed ; and a conditional use permit pursuant to Section 78-966 to conduct grading to stabilize the creek bank within 75 ' of the OHWL of Stubbs Bay Creek where grading is typically not permitted in order to allow construction of a new home on the property and the installation of a footbridge crossing the creek, subject to the following conditions: 1. Council approval is based on the survey , landscape plan and building plans (hereinafter "the Plans") submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibits A, B and C. Any amendments to the Plans which are not in conformity with City codes will require further Planning Commission and City Council review. 2. Hardcover in the 0-75 ' zone shall not increase above the level of 1,357 s.f. or 6.57%. Hardcover in the 75-250 ' zone shall be limited to 4 ,995 s.f. or 36 .33% per the proposed plan and hardcover allowance summary as depicted on Exhibit D. Applicants are advised that any future requests to increase hardcover or change the nature of existing/approved hardcover shall require City approval , and increases in hardcover will not likely be approved without concurrent reduction in existing hardcover. 3. The Applicants should provide evidence that the proposed footbridge has been approved/permitted by the Minnehaha Creek Watershed District, the Minnesota Department of Natural Resources and/or Army Corps of Engineers if necessary. 4. The decking on the proposed footbridge shall be no less than 50% permeable. 5. The following tax parcels shall be combined into one tax parcel prior to the issuance of a building permit for the Property: 05-117-23-14-0034, 05-117-23-14-0035 , 05-117-23-14- 0036 and 05-117-23-14-0037. Page 4 of 7 6. ADDITIONAL SURVEYS REQ UIRED: a. Per City Code Section 86-68 , a foundation survey is required to be submitted prior to commencement of framing ; and b. An as-built grading plan verifying compliance with the building permit, stormwater management, grading and drainage plans shall be submitted prior to the issuance of a Certificate of Occupancy for the residence. 7. The building plans submitted for building permit will be reviewed to ensure compliance with the City's building height and number of stories regulations. 8. Applicants shall remove all existing and not install any plastic or fabric liner material in the decorative landscape beds on the property to ensure their permeability as non- hardcover surfaces. Fabric necessary for creek bank stabilization is an exception. 9. Required removals of structure and hardcover to be removed shall be completed prior to the footing inspection for the new home . 10 . Authorities granted by this resolution run with the Property not with the Applicants , but are permissive only and must be exercised by obtaining a building permit for the new construction within one year of the date of Council approval , or the variance and conditional use permit will expire on that date (November 23 , 2010). 11. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code , shall automatically terminate any authority granted herein , and shall be punishable as a misdemeanor. 12. The undersigned Applicants have read , understand and hereby agree to the terms of this resolution and on behalf of the Applicants and the Applicants' heirs , successors and assigns , hereby agree to the recording of this resolution in the chain of title of the Property. Adopted by the Orono City Council on the 23rd day of November, 2009 . ATTEST: Linda S. Vee , City Clerk James M . White , Mayor Page 5 of 7 Property Owner( s) Applicant(s) STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this_ day of _____ , 2009 on behalf of the Estate of Esther M. Addison by ___________ , its STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public This instrument was acknowledged before me this_ day of _____ , 2009 by Michael Huthwaite, husband of Marilyn Huthwaite. Notary Public Page 6 of 7 STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this_ day of , 2009 by ----- Marilyn Huthwaite , wife of Michael Huthwaite. Notary Public Page7of7 (Ue~ '-'-'-'-'-'-'-'-'- CERTIFICATE OF SUR\ FOR MICHAEL HUTHW AITE OF LOTS 8-11 , BLOCK 5, BAYSIDE ADDITION TO LAKE MINNETONKA I \ \ HENNEPIN COUNTY, MINNESOTA __ ~4B ----o------s45---_____ _ Q -, ("o) (/) ' ' 0 ( .. u) 0 rT1 0 ::d M U). t-3 M ~ LAKE ~ < ····--·---N 89°46' 11" W 107.00 · .-· PROPOSED ELEVATIONS r(:. .)... (,J $ ~ /\ . I I I / / / (llU) M zo: c ~ Mi ~ (Ut..>J 40 (f .t) 1) Garage = [E2]J / / / NV-(8.xl.l}..._/ -----93~----------- I / 2) First floor = ~ J) Basement = [fil[Q] o-----=B:..;:.;A~~R,J fH~ SEW!: 0 AD '"'" .,,.,.;;;:;;,,~-----L-_ _},,-, LEGAL DESCRIPTION OF PREMISES Lots 8, 9, 10, and 11, Block 5, Bayside Addit ion to Lake Minnetonka denotes iron marker (9DB .3 ) : denotes existing spot elev ation, mean sea lev el datum [[iQ]): denotes proposed spot elevation, mean sea level datum --917 --: denotes existing contour line, mean sea level datum ~: denotes proposed contour line, mean sea level datum Bearings shown are based upon an assumed datum. This su rvey sh o ws the boundaries of the abov e described property, the location of on existing creek, and the proposed location of o proposed house, porch, patio, walls, contours, grades, and driveway thereon. It does not purport to show any other improvements or encroachments. 40 20 S C A L E 0 I N D NOVO f. 2009 20 4 0 F E E T """"" ~rhe~~:, ~rtlire~~\,!~~vito~? C:d0 't~te~o~~d :r mJ'",/' ECO t---+----+-..._....--""-,.-.....,,--,-.,-...,-------------t CONSULTING ENGINEERS, LAND n1t;1i,tered Civil Engineer and Land Surveyor under the Iow a of the Stole of Minnesota. w w '"'' 1"-20' =:::::;·;;;~:::--_. $ x~ft!i!~~s~fJc. r===~~===:=.:~~-====......_~==-::~:::,=:::::"":=_:'::"::~::,:::-~:::~:'::•::•::~::=========1 SURV~~O~T/\~{Jf 0~~f NNERS t--+-----+------------------1 LONG LAKE, MN. S5.l56 USC MOfk S. Cl'onber Mime,oto Licon,e Nunoer m,s "'"'· 09-2J98 952-473-4141 09-2398 ~ i '" 0 g ..; '.'.] ., 0 g :;- ' l:lWSR U / SEt.D MIX · 1~~;.~li~----jCommoo l l.lmt! 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Retaining W al ls H . O the r Length TOTA L HA R DCOV E R IN Z ON E TOTAL PR O PERTY A RE A IN Z ON E X X X X X X X X X X X X X X A + 8 Width Width = = = = = = = = = = = = = = RECEIVED ----'-)_7-2__:0 __ s.~~OV OR 2009 ~~~~~~TY OF ORONO ------S.F. ______ S.F . ------S.F. ------S.F. 61<1l COrlC, WAU( 4-STOo __ "2.-'7..,_z3,,___ __ S.F. -f=RVl'JT Of-HUVS! ----=Z=B"'----8 · F · 'CONl . C,1 O(.'.i\? ,i..S TE S.F. !3AC/('. Pf !-t0t.J5E: ------______ S.F . ------S.F. ------S.F. ------S.F. ______ S.F . ______ S:F . I SZ-6 S.F. A 13.,50 S.F. B x 100 = 1 (\~(0 % = = = = = = = = = = = = = = = ~ i;)-~9 11-6-0q '2..b z.4:-S.F. · Pi<.OPOSfD HcJVS ______ S.F. ------S.F. ------S.F . ~'2..-=-()~'i-..L,3~-S.F. ______ S.F. ______ S.F. ------S.F. --"/__.J-1-( __ s .F. -REAR PA -,10 ______ S .F. ------S.F. ______ S .F. ______ S.F. ------S.F . 4-qt:?5":. S .F. A IJ . 7 S0 S .F. B X 1 ()() = r 3 f., . ~] 0/n ZONING FILE: 09-3428 CITY OF ORONO 2750 Kelley Parkway PO Box 66 Crystal Bay, MN 55323 952.249.4600 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: November 17, 2009 TO: Michael & Marilyn Huthwaite 7155 Ainsworth Drive Germantown , TN 38138-2565 COPIES: Jeremy Steiner Attorney at Law 400 Wells Fargo Bank Bldg 1011 First Street S Hopkins , MN 55343 Via Email: Rick Hendel TYPE OF REQUEST: Variances and Conditional Use Permit DATE OF MEETING: November 16, 2009 Planning Commission recommended approving the variances as revised including a requirement that the footbridge decking be no less than 50% pervious as follows: VOTE: 5 FOR 0 AGAINST Applicant's next scheduled meeting is confirmed as: November 23, 2009 Council Meeting --Meeting starts at 7:00 pm If you desire certified copies of the official Planning Commission minutes , they are available from the City Recorder after review and approval by the Planning Commission. If you have questions, please call Planning & Zoning Coordinator, Melanie Curtis at 952.249.4627 . Date Application Received : 09/23/09 Date Application Considered as Complete: 09/28/09 120-Day Review Period Expires : 01/26/2010 To: From: Date: Subject: Chair Kang and Planning Commission Members Melanie Curtis, Planning & Zoning Coordinator ~ 12 November 2009 #09-3428 Michael & Marilyn Huthwaite 3382 Bays ide Road • Variances & Conditional Use Perm it • Public Hearing Zoning District: Lot Area: Lot Width: LR-1A One Family Lakeshore Residential District (2 acres) 34,400 s.f. (0 .79 acre) 107' + 182' at Bayside Road (the road curves) Application Summary: In order to construct a replacement residence the applicants request a conditional use permit for grading within 75 ' of Stubbs Bay Creek as well as lot area, creek setback , and hardcover within the 0-75' & 75 '-250 ' setback zone variances. Staff Recommendation: Planning Staff recommends approval with conditions. List of Exhibits Exhibit A. Revised Survey dated 11 /06/09 Exhibit B. Revised House Plans dated 10/28/09 Exhibit C . Revised Landscape Plan dated 11 /02/09 Exhibit D. Overlay of Previous Plans to Revised Plans Exhibit E . Application Extension Letter Exhibit F. Staff Report dated 10/14/09 Exhibit G . Plann ing Commiss ion Act ion Notice dated 10/20/09 Exhibit H. Draft PC Minutes dated 10/19/2009 Exhibit I. C ity Engineer Comments Background At the October meeting the Planning Commission tabled this application directing the applicants to address the following : 1. The footprint of the home should be reduced in order to better fit within the required street , s ide , and creek setback . The creek setback was identified as a priority. 2 . The attached garage could be reduced in order to alleviate a portion of the encroachment into the creek setback . The Planning Commission seemed to feel the CUP for stream bank stabilization and the variances for the proposed crossing or footbridge over the creek were acceptable . LOT ANALYSIS WORKSHEETS Lot Area/Width: LR-1A Lot Area Required 87,120 s.f. (2 acres) Actual 34,400 s.f. (0.79 acre) Setbacks: LR-1A Required Bayside Road (south west) 50' Bayside Road (south) 50' Crestview Ave (east) 50' North West Side 30' North East Side 30 ' Creek 75 ' 36 .5' (16.5 ' Wetland buffer +20' setback) Structural Coveraae: Total Lot Area 34 ,400 s.f. (0 . 79 acre) Hardcover: Lot Width 200' 09-3428 12 November 2009 Page 2 of 3 107' + 182' at Bayside Road (the road curves) Previously Proposed Revised (Current) Proposal 46.8 ' 50' 104 ' 114' 41 .2' 48' 16.9' 11' 24 ' 34' 50' home 60' home 44 ' patio 48' patio 47.5 ' 60' Total Structural Coverage Allowed : 5,160s.f. (15%) Proposed : 3,682 s.f. (10%) Revised Proposed: 3,515 (10%) Hardcover Total Area in Allowed Previously Proposed Zone Zone Hardcover Proposed Hardcover 0-75 O s.f 2 ,322 s .f. 1,357 s.f. From the 20,650 s.f. Creek (0%) (11.24%) (6.57%) 75-250 13,750 s.f. 3,437 .5 s.f. 4,630 s.f. 4,995 s.f. (25%) (33 .6%) (36.33%) Response to Planning Commission Direction At the October meeting, the applicant was directed to explore reducing the footprint of the proposed home in order to better fit inside the required setbacks ; the creek setback was cited as a priority. Reduction of the garage square footage to alleviate some of the encroachment into the creek setback was also suggested. The applicants have reduced the overall size of the home footprint by only 167 square feet; however they have reduced the proposed patios, reoriented the driveway and vehicle courtyard and have proposed a significant reduction in the portions of the home and hardcover to be located within the 75' creek setback. Their initial proposal was for 2,322 square feet of hardcover within the 0-75 ' zone . Their revision reflects a 965 square foot reduction within this zone . The revisions result in 365 additional proposed square feet within the 75 ' -250' zone . 09-3428 12 November 2009 Page 3 of 3 Additionally , the revision proposes to meet the 50' setback on the western Bayside portion of the property and will only be 2 feet short of the 50' setback on the Crestview side of the lot. Moving the home further farther from the creek results in a 60 ' setback where 75' is required an improvement of 10 feet from the previous plan . This shifting of the home to the north allows for only an 11 ' setback from the side lot line and adjacent neighbor's property where a 30 ' setback is required. A 16 foot setback was initially proposed. The Planning Commission also indicated that the inclusion of hardcover mitigation measures such as native vegetation buffers , rain gardens , pavers , etc was encouraged . The applicants continue to propose to incorporate wetland buffers in the required areas as well as additional areas in order to attempt to mitigate for the excesses in hardcover. Issues for Consideration 1. Have the applicants fully addressed the areas of concern outlined by the Planning Commission at the October meeting? 2. Does the Planning Commission feel that the proposed hardcover has been adequately mitigated with the applicants ' proposal? 3. The applicants' have proposed a 22 ' setback between their proposed home and the adjacent neighbor's home. Does the proposed and existing vegetation provide sufficient screening for privacy? Does the 22 foot separation allow for appropriate open space between dwellings in the context of this neighborhood? 4. Are there any other issues or concerns with this application? Staff Recommendation Staff still believes the design of the house does not fit the constraints of the property . The shape of the house seems to be a desire of the applicants to re-recreate their existing residence rather than design a home better suited to the property . That being said Planning Staff continues to recommend the following : 1. Denial of the hardcover variance and structural setback variance to allow the foot bridge. 2. Approval of the conditional use permit subject to the MCWD requirements for the stream bank stabilization and the City Engineer's recommendations. 3. Approval of the lot area variance conditioned upon the combination of the 4 lots into one tax parcel prior to the issuance of a building permit and compliance with the wetland buffer requirements. Further Planning Staff recommends : 1. Approval of the proposed side and street setback variances as revised . The creek setback encroachment could be further improved upon however staff feels the applicants have met the direction of the Planning Commission . 2. Approval of some level of hardcover variances as the Planning Commission deems appropriate in conjunction with the following : a. Implementation of the proposed mitigation measures consisting of native vegetation areas between the home and the creek . b. Patios , sidewalks , courtyard and driveway to be constructed using pavers. I (938~ '-'-', \ \ \ \ \ \ CERTIFICATE OF SURVEY FOR MICHAEL HUTHW AITE OF LOTS 8-11, BLOCK 5, BAYSIDE ADDITION TO LAKE MINNETONKA I I I HENNEPIN COUNTY, MINNESOTA --o ---94-a--o _____ --94&-______ ~ ' EXISTING ·7· 1>L4----, ---.."t"'T '- // 125,25BA\'SllE ~' /"'\ .... S 89°43' 36//E 124.89KASU<ED ........ ::::.~., / ·· .. '-'- #3390 I \ . \ I \ \ \ I \ \ ).....9) \ ··1 , ... , \ \ \ \ / \ \ . ,: ... C)V \\at><. ~). ... / ~~1\, I, _j \ \ \ \ \ \ \ \ \ \ ... ,, x., \ \ \ \ '0~ \ ~'\':> 1! I U) t ----0 --1,+ 8 1i" ~o (948.7) "40 '---.. (9.W.9) ----', '-', ',· \ \ \ -~ ~Jo\ \ ~ ./ ~ ( /ii 0 . // ~ ~/ I 0 0 '-' (941.9) IIAN«lLE LAKE 0 I') ,,,Jo \ ~ (938.8) / ~ [ ~ \ \ .>i \ ~\ 0 \ ~~ \ If<\ \ V,:. \ ~\ \ STREET-a• PVC SAIITARY SEWR1-----' PROPOSED ELEV A TIONS 1) Garage = ! 949.5 ! 2) First floor = !950.3! SEWER ST\J8 c."Pi'.'.ms~ ~/ " \,. "fi>..,. \\ \, / / / NV-(930.1)-./ '/ 'V : fTl " \ \ ~\ /'f I /; I I I I I I I I I I I I 1: ~ p 11 I ~ /\ .. / \ ~--::.--·:!.·· ----------------!J,. I 107.00··················/ ) 89°46' 11" w --/ / M ~ > <,(939.2) M z~ c~ M~ ;u 40 -< ; I .(939.3) (9~.9) -----93~--------=-. -----.:...::.... ________ _ o BAYSIDE ROAD // <O <O 3) Basement = !940.0! 8" PVC SANITARY SEWER / 6(9404) (938.7) ("39.3) . LEGAL DESCRIPTION OF PREMISES : Lots 8, 9, 10, and 11, Block 5, Bayside Addition to Lake Minnetonka 0 : denotes iron marker (908,3): denotes existing spot elevation, mean sea level datum !910.B!: denotes proposed spot elevation, mean sea level datum --917--: denotes existing contour line, mean sea level datum ~: denotes proposed contour line, mean sea level datum Bearings shown are based upon an assumed datum. This survey shows the boundaries of the above described property, the location of an existing creek, and the proposed location of a proposed house, porch, patio, walls, contours, grades, and driveway thereon . It does not purport to show any other improvements or encroachments. DESIGNED F DATE DESCRIPTION $ GRONBERG AND • : 9-23-09 PAOPOSED HOUSE. CRIVEWAY, PATIO' s A/fl WAU.S SHOWN ""' Ass O CI ATE s INC DRAWN • • 9--~9 PROPOSED CRAOES AH> SL T FENCE SHOWN UZJ J • ECO CHECKED r-4 MSG I 3 I IC>-12-09 DEttv.m> WETUNlS" IIU'FtRS SHOWN ""' CONSULTING ENGINEERS, LAND • : 11-8-00 PSOPOSED HOUS(, HOUSE LOCATKlN, PATIO'S, A/fl MNEWAY REVISED ,co SURVEYORS, & SITE PLANNERS I I 445 NORTH WILLOW DRIVE • • LONG LAKE, MN . 55356 952-473-4141 IIAN«lLE RECEIVED NOVO n 2009 CITY OF ORONO 40 20 0 20 40 S C A L E IN F E E T I hereby certify that this survey was prepared by me, or under my direct supervision, aid that I am a duly registered Civil Engineer and Land Surveyor under the laws of the State of Minnesota . SCALE 1"•20' DATE 9-9-09 JOB NO. 09-2398 09-2398 "O (") m )( :::r c' ;:;: :::::!:_ / I LJ LJ BAYSIJE MX>. '-... . '-... I I HOUSE #3390 ~=y······· ~ , > , > » > » -···\ ()~ 9 S 89°43' 36~/ E / 1 2 4 . 8 9 I.EASLRED •••..•••••••• :::: "-. •. ~1···1\.~) \ \ \ \ \ 1, \ ~ \\ 0 \ ~--\ \ ~'.... \\ ~ \\ \ ··1 .... ) ! ... · ...... \ \ \ \ \ ~ct ~---......- SEWER STUB -PE~RIT o>._PLANS ~ (1 ~ ~ ~ ).. ~ ~ 1)_ (937.6) ,, . ,, . . ; .. , --- \ 'o'o ~ / //~ ~~ \\ ~ I \ I / // /1/ /. ~ PROPOSED /' /'DRIVEWAY / I ~ ~ ------~, ----\ ___-PROPOSED \ -SILT FENCE· . --94-0- 10\. , ,, // I #; rt'tl\fRwr . -~---. / ""9,. / / 'b..,.. ~~y ~~ -/ __,., ,, <ll, / / ,/ ~ --·-.. / ~ ,a? 1 /, % .......-:2)9 c~~ .. '.i.f· I .,,,. ~ ' I $ di I ( /I "-,,-.,...-t-~~ '/~ I \ V '-,ij' / ."/" ~ ----'> .. ,£.t" CREEK \\ I i ,( ( / ;,I ~-/111f J, I ( I ti / / ' 'R> /, /;' I /fl EDGE OF / ' / , I %, --s.3,-\:, 11, BY ornJ~~ ,,, ,,, ,,, .,,, I/ \\ I \ I ) ] I / /-----,.,..--;;,jJ6 \ 11 1 1 I! /; ~ /~-0--,,.,..-; ) 11 ~ 1V ,; 7 ,? \"'-(/ 2\ / #"' A / :1 ~ /J'• WETLAND d) ~~ -,f \~ ,?0-----STAKE BY :..). "--INV ( -,;1 ~ -~?°'/ OTHER S ·--~ "920.9) ,;,,./ --., " "" ~ a<'sa~~-/ 11 / / / 11 U) 0 0 0 "--___ o \ 0 - C- L -- fTl ~ \ .'~\ \ \ \ \ I~\ /1 I ./ ;/, I , I I I a ~ / {937.9) / :<,;, ··.. V "{ '11 . .. ......_ .<lc1r~it.., r~ ·········· N 8 9 o 4 6, 1 1 " ... /· II -...._ .-?o ~D W : ' <a 0.-1 07 _ _... I (OJS.11'--"'~.l-_ 0,-• 0 0 ................ ·.. I ----/ MISES : / / / INV-(930. 1)--/ :k 5, Bayside Addition to Lake Minnetonka narker ng spot elevation, mean sea level datum ,sed spot elevation, mean sea level datum ng contour line, mean sea level datum ------938-----// ------- o--BAYSIDE ROAD / 8" PVC SANITARY SEWER~~----~ (938.7) (939.3) ~ ...... M1c.11.:'.1E:L I-Lrq-t-w41T£ .:' ·~ Lors 8-( r, BLt10('.~ t, J.,..o~ ~Ys-rni:: Aoo -ro l A , h11~ HARDgm(ER CALCULATION WORKSHEET ' t(t;_ rt,, ... (CIRCLE ONE) ~ 75-250' 250-500' · 500-1000' RECEIVED SETBACK ZONE: EXISTING HARDCOVER IN ZONE A. House B. Garage C. Driveway D. Sidewalk E. Patio/Deck F. Landscape Underlain By Plastic G. Retaining Walls H. Other Length TOTAL HARDCOVER IN ZONE TOTALPROPERTYAREAINZONE X X X X X X X X X X X X X X X A + B PROPOSED HARDCOVER IN ZONE A. House f. r;,r ,t.,,_c ~ x B. Garage C. Driveway D. Sidewalk. E. Patio/Deck F. Landscape Underlain By Plastic Length G. Retaining 7-b -~;1,1At..l... Walls H. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A X X X X X X X X X X X X X X .,. B Width Width = ::: = = = = = = = = = = = = ; , -' I O R 2009 -~'2_~~~lt-_.____S.F. CITY OF ORONO ______ S.F. ______ S.F. ______ S.F. I 9 77... S.F .-G{·J'2AV£l- ---'--=--'--'----S. F. 01'<.1 V'E\IVA '( CONC, WAUC::: ./-ST6P5 _ __,__11..I..-l.7 ___ S.F.-l=r<oNT OF r+Ov$6, __ _._7 ___ S.F.'-CON(., STooP+rfEP. f<fAR. Ot= 1-10115£ ______ S.F. -----~S.F. -----~S.F. -----~ S.F. -----~ S.F. l3b 7_ S.F. A 1,.0, 6'5D S.F . B X 100 ::: r j 1.trt % = = = = = = = = = = = = = = = ~ 11-b-Otj Bql S.F. -----~ S.F. -----~ S.F. -----~ S.F. ----'---~ S.F. -----~ S.F. ------S.F. ______ S.F. _ _,_l_.'"'7_,_r~· -~ S.F . ______ S.F . ______ S.F. -----~S.F. ______ S.F. I 44 S.F . ~ tOclT ,,. ---'--'--'---~,21 ~l; _--1...13L.-",>~]'-----S.F. A --'z=o+l-"-b='>=O __ s. F . B X 100 = b,57 % ,V\ IC:l-lAG."l +-fur~,w. Atil'"' ~ Lcn-s 8-l I, '81....o~t S'" C i/-')'j 1) Dft"(~<.DE .()OD. To iiltL'i /Yl r~ HARDCOVER CA~TION WORKSHEET ' SETBACK ZONE: (CIRCLE ONE) 0-75' ~ 250-500' ' 500-1000' EXISTING HARDCOVER IN ZONE A. House B. Garage C. Driveway D. Sidewalk E. Patio/Deck F. Landscape Underlain By Plastic G. Retaining Walls H. Other Length TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE X X X X X X X X X X X X X X X A + B PROPOSED HARDCOVER IN ZONE A. House -1-C'A,iAc;;t" x B. Garage C. Driveway D. Sidewalk E. Patio/Deck F. Landscape Underlain By Plastic G. Retaining Walls H. Other Length TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE X X X X X X X X X X X X X X A + B Width Width . = ::; = = = = = = ::; ::; = = = = RECEIVED ~J_l'Z_O __ s.P~OVo n 2009 ----~S(HTYOFORONO ______ S.F. ______ S.F . ______ S.F. ------S.F. €1~10 COrlC, WAU< .\-5TOoJ __ '2._7~B ___ s.F.-fR.vAJT of Havsi -~'Z-8~--S.F. ''ONC. S100f>t-STfJ S.F. {3AC,~ Of i+Ov5f. . ------______ S.F. ______ S.F. ------S.F. ______ S.F. ______ S.F. ______ s:F. I SZ-6 S.F. A /3,'i'SD S.F. B x100 = 7 t1~1Q % = = = = = = = = = = = = = = = ~ i.)-7J9 I f-6-0C( 'lb z.q.. S.F. -PROPOSfD l1cJCJSf ______ S.F. ______ S.F. ______ S.F. "2.0':t3 S.F. ______ S.F. ______ S.F. ______ S.F. __ I_] __ ( __ S.F. -/UAR PA-rt 0 ______ S.F. ______ S.F. ______ S.F. ______ S.F. ______ S.F. 4-qc:?5":. S.F. A IJ. 7 SO S.F. B X 100 = 1 36,}J °lo --------I 4-4 5~ -:·'.".·'.'".·".'.".'."."·."'l 80'-10" r• -ra ,-,t!!!!!!!!!!E:=::3::=::3!!!!!!!!!1.r-r;r':~s: c: :t;:,,:~·;;;;;;;;;;n ---.,c-------------:3:---=G.~-IO-:-::-" -----------1---,- 22' O" ~ _ -~18"-''-0"'--" -------<9-____ _;2~2~' Oi::._" ____ _aJ • I ....,_ _.f "~"~"=" 'L ' I • II I lt---+----- a===~l DN ~o '01 I IV /:U 9 \._ ·.·il -st' >·p O') I\ i Lf i! :(IJ i :\10 :s,-: ... I/ . :t: ~ 17 sq ft ~-R:==IE~"'9'ffl!!lb.7-77:T:::::7:~l ... !!/!!•P~::l!!!!l!!!!!lll_ .. __ l::::::::=l!!l!!ll!!!!!!ll-1tli ; I ~ tl!~~lt~,!11182 sq ftOLD sq ftNEW ~~ ~._,, 7/8" I 20'-4" ~ 12 r--:t:a ..... R.,l\._ ... l ___________ Jl.. ______ .Jw_i.. Gl'-4" ___ ..,.. ______ ....e,_2 .e...:2' .>!_O ='18_" ____ __..J .. 1 • 14, ____ _,_.,18=' O,__" ___ ___.: I I MAIN LEVEL FLOOR PLAN APPROXIMATE FINISHED SQUARE FOOTAGE= 2,717 M1 I I I I I I I I I I I I I i I i O' 2' 4' 6' 8' 10' 12' 14' 16' IMAGE TRUNCATED TO FIT ON PAGE GRAPHIC SCALE RECEIVE D NOVo 6 2009 CITY OF ORONO PC Exhibit B It PROPOSED SINGLE FAMILY RESIDENCE VARIAN CE DRAWINGS 3382 BAYSIDE ROAD ORONO, MN 55391 REVISED ?_JJ HENDEL HOMES 15250 Wayzata Blvd. Wayzata, MN 55391 952-404-7204 www .hendelhomes.com creative group www.timelessarchitect.com info@timelessarchitect.com 612-296-7575 Copyright 2009 Page 5 of 8 " --u. DN LOWER LEVEL FLOOR PLAN APPROXIMATE FINISHED SQUARE FOOTAGE = 2,413 M'i t I I I i I I I I I I I I I I I O' 2' 4' 6' 8' 10' 12' 14' 16' IMAGE TRUNCATED TO FIT ON PAGE GRAPHIC SCALE 0 00 0 RECEIVED NOVO 6 2009 CITYOF ORONO f/2- PROPOSED SINGLE FAMILY RESIDENCE VARIAN CE DRAWINGS 3382 BAYSIDE ROAD ORONO, MN 55391 REVISED 15250 Wayzata Blvd. Wayzata, MN 55391 952-404-7204 www .hendelhomes.com creative group www.timelessarchitect.com info@timelessarchitect.com 612-296-7575 Copyright 2009 Page 6 of 8 CJ) :3: -0 er, 0 0 N n t/l _J BWSR U7 SEED MIX: Botanical Name Common Name Grasses 1Agropyron trac hycauium Slender Wheatgrass iAnc:lropogon gerardri Big Bluestem IA"'na satoo Oats Bromus purgans Hairy Wood Che•s EJymus canadensis Canada WUd Rye EJymus 'olrgl nlcus Vkginla W ild Rye Hystrix patula Bottletrush Grass Lolium italic um Annual Rye Panlcum virgatum Switchgrass Forbes 1Agastache foenlculum Anise Hyssop Aster lae~s Smooth Blue Aster Aster macrophylus Large-leawd Aster Aster ptarmicoldes Upland WMe Aster Desmodium canaden:se Canada Milk Vetc h Heliops is helianthoides OX-eye Sunlower Monarda fistulosa WUd Bergamot Rudbec kia hirta Black-eyed Susan Rudbeckia lacinlata Wild Golden Glow Solidago rigida Stiff Goldenrod vetbona hastata BlueVervain Vk:ia arnericana American Vetch Zizla aptera Heartteaf Alexanders Zilla aurea Golclen Alexanders PRELIMINARY PLANT SCHEDULE VT SP RH PJM RA MIC TO 3 S9 13 5 10 Hydrangea "'1><>reseens 'Annabel•' Euonymous aletus Rhododendron x 'Rosy Light5' Rhododendron 'PJ.l' Rhus arooiatlca 'Gro-low' Microbiota decuuata 'Northern Pride' lhuja occidentaliS 'Bobazam· Rosa Marie Bugnet ' M r. Bowling Ball Marie Bugn<l Rose Nonhem Charm Boxwood Gold Lac e Junipef Emerald Spreader Yet1 Miss Kim LIiac ~rouset Blue Stem PLANTING NOTES /GENERAL NOTES: #2 COnt. #SConL #2 Cont. #3 Cont. #S Conl . #2 Cont. #3COnt #S Cont. #S Cont. #'2Cont #2 Cont . #I Cont . 1. 1 O foot wellond buffer oreo shall be seeded with seed mix BWSR W7 ot 1 Dibs. per acre and os recommended by supplier /manufacturer.Shaded oreos and the creek edge shall be supplemented with native pion tings (see list o n Sheet 3) as needed. 2. Areas outside the 10' wetland buffer shall be seeded with BWSR U2 at 151bs. per acre and as recmmended by supplier /manufacturer. 3 . Sloped areas in the 1 O' buffer zone shall be maintained with a stabilization fabric 4 . Perennial areas denoted on the plan shall be determined . Perennials shall consist of garden per ennials, ground covers and ornamental and native grosses. 5. Edging moteriols to be deter mined. 6. Mulch poth is a permeable poth with no plastic underneath. 7 . Existing Buckthorn hedge to remain . 8. Steep creek banks shall be graded back to 2: 1 or 3: 1 slopes wherever possible (see drawing). 9. Londscope irrigation to be determin ed. 10. Landscape wolls ore p r oposed to be Fon-du-Loe Stone. 11. All londscoped pl ant ing beds to be mulched (mulch to be determined). 12. Erosion control shall be maintained along the edge of the creek and along roadways as required. 13.2. BUFFER AREA SUPPLEMENTAL PLAN T LIST: REDOSIER DOGWOOD, CRANBERRY VIBURNUM, BLUE FLAG IRIS, MARSH MARIGOLD, CULVER 'S ROOT, MARSH ASTER, ANGELICA, JOE -PYE WEED. PHYSOSTEG IA, FERNS A NO OTHERS NATIVE PLANS TO BE DETERMINED. 0 20 40 60 RECEIVED SCALE IN FEET NOVO n 2009 CITY OF ORO NO I QR--+-------2>- TURFGRASS SOD TURFGRASS SOD TLJRFGRASS SOD // /~/;/ SHEET 1 FINAL LANDSCAPE CONCEPT PLAN I~ I (\J C1' 0 PC Exhibit C . 0 ,I -11.02 .2009 ._.,., HENDEL i, \ ~ \\ I I I I I ('9'4'4.9) \ \ \ 0 \ ~ \ .,. \ ~--\ ~ \\ \ a··········· ~, , ,,__, , . , , -···\ ot>r. c;:, HOUSE #3390 . , ...... •1 I I : •' . .. : .·: ... \ \ \ ,,. ,,. ,; .. / ········· S 89°43' 36~/E / I LO.LO BAYSOE AOO: .................... 124.89MEA~EO ············-~.'-.... ~(~ " (') m >< ::r O' ;:;: 0 I ; . ' ' ,t . t PC Exhibit E CITY of ORONO November 9, 2009 Michael & Marilyn Huthwaite 7155 Ainsworth Drive Germantown, TN 38138-2565 RE: Zoning Application #09-3428 Street Address: 2750 Kelley Parkway Orono , MN 55356 Municipal Offices Mailing Address: P.O . Box 66 Crystal Bay , MN 55323-0066 On September 21 , 2009 , the City of Orono received your application for variances and a conditional use permit for property at 3382 Bayside Road. This application was considered complete on September 28 , 2009. The City hereby notifies you that it is extending the time period for City action under Minn. Stat. § 15.99, subd. 3(f). The initial 60-day period would end on November 27 , 2009. The time period is extended until January 26, 2010 . Sincerely , City of Orono -tuLwma Melanie Curtis Planning and Zoning Coordinator Cc Jeremy Ste iner, Attorney at Law 400 Wells Fargo Bank Bldg 1011 First Street S Hopkins, MN 55343 Telephone (952) 249-4600 • Fax (952) 249-4616 www.ci.orono.mn.us Date Application Received: 09/23/09 Date Application Considered as Complete : 09/28/09 60-Day Review Period Expires: 11/27/09 To: From: Date: Chair Kang and Planning Commission Members Melanie Curtis , Planning & Zoning Coordinator JV}(/ 14 October 2009 Subject: #09-3428 Michael & Marilyn Huthwaite 3382 Bayside Road • Variances & Conditional Use Permit • Public Hearing Zoning District: Lot Area: Lot Width: LR-1A One Family Lakeshore Residential District (2 acres) 34,400 s .f. (0 .79 acre) 107' + 182' at Bayside Road (the road curves) Application Summary: In order to construct a replacement residence the applicants request a conditional use permit for grading within 75 ' of Stubbs Bay Creek as well as lot area , creek setback, and hardcover within the 0-75 ' & 75'-250 ' setback zone variances . Staff Recommendation: PlanninQ Staff recommends approval with conditions . Pertinent Zoning Ordinance Sections 78-72 Lots of Record 78-305 Lot Width , Area and Setback 78-966 Land Alteration 78-1279 Placement of structures on lots 78-1288 Hardcover 78 -1601 through 78-1614 Wetlands List of Exhibits Exhibit A. Applications Exhibit B . Hardship Statement Exhibit C . Hardcover Calculations Exhibit D. Existing Survey Exhibit E. Proposed Survey Exhibit F. Building Elevations & Floor Plans Exhibit G . Proposed Landscape Plans Exhibit H . Aerial Photos -by Staff Exhibit I. Wetland Delineation Report & MinnRAM Assessment Exhibit J . City Engineer Memos Exhibit K . Letter from Applicants ' Attorney Addressing Engineer Comments Exhibit L. Letter from Natural Visions RE: Buckthorn Hedge Exhibit M . Buildable Envelope Exhibit Exhibit N . Neighbor Comments Exhibit 0 . Plat Map Exhibit P . Neighboring Property Owner List PC Exhibit F Background 09-3428 14 October 2009 Page 2 of 5 The subject property consists of four separate tax parcels under one address where a home has existed for a number of years . The subject property lies within the LR-1A zoning district, contains Stubbs Bay Creek and wetland . The applicants wish to redevelop and construct a new single family residence on the property . Because of the lot area requirements of the LR-1A district variances are required in order to do so. Additionally , the applicants are requesting creek setback, side and street yard setback, 0-75 ' and 75 '-250' zone hardcover variances and a conditional use permit to conduct land alteration work within the creek and creek banks. The redevelopment of the property has also triggered the application of the City's wetland regulations , requiring a buffer. LOT ANALYSIS WORKSHEETS Lot Area/Width: LR-1A Lot Area Required 87 ,120s.f. (2acres) Lot Width 200' Actual 34,400 s.f. (0 .79 acre) 107' + 182 ' at Bayside Road (the road curves) Setbacks: LR-1A Required Proposed Bayside Road (south west) 50 ' 46 .8' Bayside Road (south) 50 ' 104 ' Crestview Ave (east) 50 ' 41 .2 ' North West Side 30 ' 16 .9' North East Side 30 ' 24 ' Creek 75 ' 50' home 44' patio Wetland 36 .5' (16.5' buffer +20' setback) 47.5' Structural Coverage: Total Lot Area Total Structural Coverage 34,400 s .f . (0 .79 acre) Allowed : 5,160s.f. (15%) Proposed : 3,682 s .f. (10%) Hardcover: Hardcover Total Area in Allowed Existing Proposed Zone Zone Hardcover Hardcover Hardcover 0-75 0 s .f 2,362 s.f.* 2 ,322 s .f . From the 20 ,650 s.f. Creek (0%) (11.4%) (11 .24%) 75-250 13,750 s.f . 3,437 .5 s .f . 1,526 s .f .* 4 ,630 s.f . (25%) (11.1%) (33.6%) * Not including any plastic or fabric under landscaping. Variances 09-3428 14 October 2009 Page 3 of 5 Lot Area : The combined area of the four lots is 34,400 s.f. or 0. 79 acres when the zoning district requires two acres. Street and Side Yard Setback: The existing home meets the street and side yard setback requirements . The applicants ' proposed home does not meet any yard setback requirements . They have proposed a 41 .2 foot setback from Crestview, which will essentially become their front/street yard with the driveway reorientation ; a 48 .2 foot setback from Bays ide Road is proposed where a 50 foot setback is required from both streets . They have proposed 16.9 foot to 24 foot setbacks from the side lot lines where 30 feet is required . Creek Setback: The house would be as close as 48 feet to the creek when the shoreland regulations require a 75 foot setback . The gravel driveway and attached garage on the existing home on the property were located entirely within the 75 ' creek setback . Hardcover: Hardcover in the O to 75 foot zone is proposed to be 11 .24%, reduced slightly from the existing 11.4%. Hardcover within the 75 '-250 ' zone jumps from an existing 11 .1 % to 33 .6% proposed . In addition to the proposed 3,682 s.f . home and 715 square feet of proposed patio , and 2,018 square feet of hardcover in the driveway and courtyard , there are 315 square feet of proposed retaining walls and a proposed foot bridge spanning the creek . Conditional Use Permit Since the earthwork will take place with in the creek , within the O to 75 foot zone and exceeds 10 cubic yards a conditional use permit is required. The applicants are working with the MCWD on the stream bank stabilization project. Copies of the MCWD permits are required to be submitted to the City . Hardship Analysis In considering 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 undue hardship 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. Issues for Consideration 1. Will the proposed home be compatible with the surrounding neighborhood? 2 . What is the impact of the creek setback variance on hardcover? While the proposed home is situated at a similar setback from the creek as the existing home the square footage of new structure that w ill be within the 75 ' creek setback is cons iderably greater than is existing. The applicants are proposing to remove the entire gravel driveway which exists within the 75' setback and replace with native vegetation . Staff suggests the Comm ission discuss this continued and increased encroachment and its effects on the property. 3. How does the size of the proposed home impact location as it relates to the setback variances as well as the hardcover variances? Staff suggests the Commission discuss the size of the house in relation to the 09 -3428 14 October 2009 Page 4 of 5 request for the setback variance from the creek . Perhaps reducing and rearranging the footprint slightly would reduce or eliminate the need for this variance. Additionally , the applicants are proposing to keep the existing hedge which surrounds and screens the property . 4. How may the hardcover impacts be offset? The applicants have proposed native plantings in conjunct ion with this project between the proposed home and the creek . The Commission should discuss whether or not use of permeable surfaces for the new driveway , courtyard , patios and other hardcover surfaces is appropriate . 5. Are there any other issues or concerns with this application? Discussion The precedent has been set regarding approval of the requested lot area variances . The City routinely grants these types of requests when no other land is available for acquisition , the lot was legally created prior to adoption of the current zoning standards , and a house existed on the lot when the current zoning standards were adopted. The property is undersized relative to the zoning district requirements , however staff finds that a reasonable home could be constructed within the required setbacks , although perhaps not as architecturally attractive a house . Considering the disproportionate lot area and zoning requ irement it may be reasonable to grant setback variances to the side and even street yard requirements. However staff consistently holds to the lake and creek setbacks where feasible . Staff would note that the applicants ' proposal includes 38 'x26 ' garage completely within the 75 ' creek setback . This is likely an issue of finding the appropriate house for the lot. Perhaps the applicants ' proposed house isn 't the most appropriate one for this lot. Regarding the hardcover levels proposed staff finds that although the applicant has proposed beneficial changes to the property , namely moving the gravel driveway out of the 75 ' setback and moving it to a safer location off of Crestview, and propos ing a significant amount of vegetative buffer, some required by the wetland ordinance , there is still a large amount of excess hardcover proposed on the property . The square footage of the proposed home, vehicle courtyard and patios are inconsistent with the philosophy of maintaining the minimum level of hardcover necessary to have reasonable use of the property and protection of surface water resources . The proposed bridge over Stubbs Bay Creek poses a number of issues . First, Orono Code Section 78-1279 prohibits structures within 75' of this Protected Tributary . Second , the bridge constitutes hardcover within 75 ' of the tributary , which is not allowed per Section 78- 1288(a). Additionally , the bridge cannot be considered the equivalent of a "stairway, lift , landing or lockbox" that would be allowed at the shoreline of a lake per Section 78-1282 because it is not needed for access to the shore due to the presence of a bluff or steep slope . Also , the bridge would appear to function merely as an amen ity to the property -it does not provide necessary access to a portion of the property that is lacking accessib ility , because the property south of the creek can be accessed d irectly from the public roads in the immed iate vicinity. Finally , there is a concern that should the creek reach a level that would inundate the bridge or its underpinnings, the bridge could fail and be swept downstream and conceivably contribute to blockage of the culvert under Bayside Road , causing flooding . While this occurrence is unlikely , it is not impossible. For all the reasons noted above , staff recommends that the proposed bridge not be allowed . Staff Recommendation In summary , Planning Staff recommends the following : 09-3428 14 October 2009 Page 5 of 5 1. Denial of the hardcover variance and structural setback variance to allow the foot bridge . 2 . Approval of the conditional use permit subject to the MCWD requirements for the stream bank stabilization and the City Engineer's recommendations . 3 . Approval of the lot area variance conditioned upon the combination of the 4 lots into one tax parcel prior to the issuance of a building permit and compliance with the wetland buffer requirements. 4 . Denial of the proposed creek , side and street setback variances as proposed . The footprint of the proposed home should be reduced in an attempt to meet some or all of the setback requirements particularly the creek setback. 5. Approval of some level of hardcover variances as the Planning Commission deems appropriate in conjunction with the following : a . Reduct ion or reorientation of the size of the home to reduce the hardcover within 75' of the creek . b . Reduction of the proposed patios and vehicle courtyard as the Planning Commission deems appropriate . 1) Provision of mitigation measures including rain gardens and or native vegetation areas between the home and the creek . 2) Patios , sidewalks , courtyard and driveway to be constructed using pavers . Planning Commission should discuss the 5 points and make recommendations specific to each and provide clear direction to the applicants. Staff recommends that Planning Commission table the application to allow the applicants to make the appropriate changes to the plan . PC Exhibit A Ci _ty of Orono Variance Application Street Address: 2750 Kelley Parkway Orono, MN 55356 Main : 952-249-4600 fax : 952-249-4616 Mailing Address: P.O. Box66 Crystal Bay, MN 55323-0066 Application# LJ 9-3 I/-~ i_ Date Received: /J9~/o? Staff: /Yl/'-de/Jw,;d Fee: $700 --'----------Renewal: $350 ---------A ft er-the-fact: $1,400 (double fee) Escrow Fee: $2,500 new home/ addition / new structure $ ~00 other variance 1(J() . This application form must be completed in full. Applicant will be notified within 15 days as to the status of the application. Incomplete applications will not be placed on Planning Commission Agendas. PROPERTY INFORMATION: Site Address: 3382 Bayside Road Property Identification Number (PIN): 05-117-23-14-0034, 0035, 0036 and 0037 Date Property Acquired (month/year): 1942 D Yes, I own the adjacent parcels. Zoning District: LR-IA ---------- APPLICANT INFORMATION: (Complete legal names and marital status required for each interested party) Name: Michael Huthwaite and Marilyn Huthwaite, husband and wife Phone (home): Phone (work): 901-272-6354 --------------Comp I et e Address: 7155 Ainsworth Drive City, State & ZIP Germantown, TN 38138-2565 Email: mhuthwaite@buckman.com Fax: OWNER INFORMATION: (Complete legal names and marital status required for each interested party) Name: Barbara Huber, as Personal Representative of the Estate of Esther M. Addison Phone {home): 952-473-3581 Phone (work): N/A --------------Comp I et e Address: 3390 Bayside Road City, State & ZIP Orono MN 55356 ---~-----------------------------Em a i I: N/ A Fax : N/ A -~------------ DESCRIPTION OF REQUEST: Describe the request in detail (attach additional sheets if necessary): Applicants request variances from the two acre minimum lot size, front, side yard and rear yard setback variances and a variance from the 75 foot structural setback from the ordinary high water line of Stubb's Bay Creek in order to construct a single-family residence on the subject property as depicted in the survey and proposed plans submitted by Applicants with this Application. Applicants also request a Conditional Use Permit, as necessary to permit the grading, landscaping, vegetation, bank stabilization and other work within the 75 foot setback from Stubb's Bay Creek as described in the materials submitted with this Application. Last Updated : 5/11/2009 RECEIVED SEP 2 I 2009 #3~28 REQUIRED SUBMITTAL$: All of the following information must be submitted by the application deadline date in order for your application to be processed . APPLICANT ANO/OR OWNER: • Agree to provide all information required or requested by the Planning Department, • Agree to pay additional fees (staff time not covered in the original fee payment) and/or consultant expenses incurred in review of this application, and • Certify that the information supplied is true and correct to the best of his/her knowledge. The applicant and owner recognize that they are solely responsible for submitting a complete application being aware that upon failure to do so, the staff has no alternative but to reject it until it is complete or to recommend the request for denial of the request regardless of its potential merit. • Acknowledge the escrow Agreement is completed and signed . • The Owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City Staff, consultants, agents, Commission and Council Members for purposes of investigation and verification of this request. • Applicant and/or Owner acknowledge they must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant and/or owner is unable to attend a scheduled meeting, please make arrangements to have an authorized representative attend in place of the applicant/owner and advise the City Planner assigned to your project. • Some or all of the information that you are asked to provide on this application is classified by State law as either private or confidential. Private data is information which generally cannot be given to the public but can be given to the subject of the data. Confidential data is information which generally cannot be given to either the public or the subject of the data. Our purpose and intended use of this information is to annually update our records and records of other governmental agencies required by law. If you refuse to supply the information, the application may not be issued . Applicant's Signature: Date : -----------Applicant's Signature: Date : Owner's Signature: Date: -----------Owner's Signature: Date : Last Updated : 5/11/2009 REQUIRED SUBMITTALS: All of the following information rriust be submitted by the application deadline date in order for your application to be processed . · I APPLICANT AND/OR OWNER: .. l • Agree to provide all i nformation required or requested by the Planning Department, • Agree to pay additional fees (staff time not covered in the original fee payment) and/or consultant expenses · incurred in review of this application , and • Certify that the information supplied is true and correct to the best of his/her knowledge . The applicant and owner recognize that they are solely responsible for submitting a complete application being aware that upon failure to do so, the staff has no alternative but to reject it until it is complete or to recommend the -request for denial of the request regardless of its potential merit. • Acknowledge the Escrow Agreement is completed and signed . • The Owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City Staff, consultants , agents , Commission and Council Members for purposes of investigation and verification of th is request. • Applicant and/or Owner acknowledge they must be present at all scheduled review meetings of the Planning Commission and Council. If an applican t and/or owner is unable to attend a scheduled meeting , please make arrangements to have an authorized representative attend in place of the applicant/owner and advise the City Planner ass igned to your project • Some or all of the information that you are asked to provide on th is application is classified by State law as e ither private or confidential. Private data is information which generally cannot be given to the public but can be given to the subject of the data. Confidential data is information which generally cannot be given to either the pub lic or the subject of the data . Our purpose and intended use of this i nformation is to annually update our records and records of other governmental agencies required by law. If you refuse to supply the information , the application may not be issued. Applicant's Signature : Applicant's Signature : Owner's Signature: Owner's Signature : Last Upd at ed : 5/11/2009 Date: Date: RECEIVED SEP 2 1 2009 CITY OF ORONO #3428 09 /15/200'3 07: 09 · ... 4062434'330 .. · ... . .· fINANCIAL .AID P AGE 02/03 SEP. 15. 2009 3:57PM EDINA REALTY Wayzata NO. 6263 P. 3 __ _...,. _____ r------·---... ~ ... -4~~..;.------.------------- i ,i j •••• ·, I .... • • ~ •';. 10 0 I • • • < • I p• 1 • 1 I I • ; ' .,• I •' • ; ' • • • • • /" I : • : • • I • • • P, '• ... REQUl~D.8UB11fl1'ALS. . . ·. _ . ,•,· ... ' ··-.... .:,,·, .... _ .. , . . . . . ..,, · . . : .All ot th•· ,Oll9Wlog Information · 'must. ~:-subtnlif~ .t.w .'ttie.' epplfcation deadlioe · aate ·In . 'order for your . · r;;. .. tio··n··to,...: .. -...if ..•. · . · :.::,··. ··• 1 , · -• • · -· • • •. • .,PP."':"',. -~.,..·~ " . : . . ·;_;_·.•. ,:-. ,. 1 1 I 1 • 1 o,• I • .''\, "• 0 o t 1 -':. ,.!," o ,'.', I•' ,.' ~ •' ', t • 1 : o' 'r, J, f . '· oO •"•• • I ' ' AP UC T AND/OR OWNER: . . · ·, · · · .• 'Agree ·m provide a~infQrmation i'equl~ed or requested; by the Plerining DePQrtme~t. · ·· . • . Ag~ee to pay sd~ltlonel fu!l!s (staff ~me ~at.covered ~ the original tee paym_ent} and/or COl'lSuttant ~M~ . Incurred in r.vlew ~f this sppllcation, and . J · · . . . •. Ce~ that 1he lnfelirna11on sur,ptled is ~-~d co~~ t, tn.e ~ of hl~~e.r lcnpwf~9'?· Th!I appbcant .and .. ~ recognlzo_ ~~ tll.•Y are . solely ~p~nslbfa, for ·sub_rp~na .a .c,oqipl~_:appJIQati~n beJrag ·~re · · ~ upon: failure , kt . do . so, the G1aff, ha,; no ait.ffla\tlve ~-1t\o . reject , It !-1".'6' It le compkm or.~ ~n"unf)nd -"11 ~quest tor den~I o~ J~ ~u . .-rl,it,arcUes~\'ot,bs;:potonitill rnei:ft., : . , . . · : ·:a+rr:tj:1:Zet::arlt~t1pi:litrti%~i/ij;;~';~~~ne~ e®Y ·~~to the 'property by City Staff, consu)tants, l:!Qetjbli, ,Comtnls$1o.n·.-,and C(ltlncJI ·Membe~ ror. purposes .of lnv~on arid verification of this requ~t:. ·i :' . \. ·• >'' .:.> ·, -·; \• . : . . .• · " . . .. , · .. • ,-Ppbnt and/or bv,n-,,. ~knowtedg·i-~· mu~ be p~~nl ilt .• 11 ~ule,d ·~~~ m~~ga. of fh~. Plal'lritna CommI•lo~ and c~un~II .. lf,an app)IC!int :a~dl?I' ~er It}_ unal:?19 to ~nd a sohedu!ed me&tirJQ, plea~ .ff'.!ake a~nge~nts ID have an_'~uthorfied teP,MSentative attend .In place of the appU~nf/ovmer .a~ a~lte th,e City P~ne~ esslg~~ to your.project . . :. · · · . . . . . . ·, · •. ·. . ··,' . I ' • . I • ' • • • '." ' • • some ~r all of the i1lfom,atJon ttlat you E!.re ~ed fa P,rovlde c'n this' application i& cl~~ifl~d by ·s1ata ISY( ·~s either private or com,ldantial Private d~' Is infl;>rmatiO!J whlch gen9:rally ~nt:iot be givei, to th'e .pu_bli~ but oan· be:alvan ta the subject of the data.· Confi9entiar. d~ts iS lnforma~o'l which genmillY caon~ ~ gl\len tti ~Uher . the public or tt,18 BU~j~ of th~ daia. OUf.P~~~e .an~ !~teridet1 U~ • i~fo~.q~ i~ to '&inntia!,l)':updf,\t~ .... · our iecords and NiCOrds of ether gov~T'nefital ag~neies ~r.t! . If'. Y!Ju ·mfuse ;to supply the . Inform on the Ilea on m not be Issued., . · : ··. ·. ·. · · · ·· : ! ·. ·. :·.:. · .. -.:~ .·)':::_;-\ . ·.r r I RECEIVED SEP 2 1 2009 CITY OF ORONO .. ' #3428 PC Exhibit B HARDSHIP DOCUMENTATION FORM This form is a required submittal for ALL variance applications. An application will not be considered complete or placed on any meeting agendas until this form is complete and submitted to the City . Minnesota State Statutes Section 394 .27, Subdivision 7 requires that a hardship be demonstrated in order for a variacice to be granted. The hardship must be unique to the property as variances run with the land and not the land owner. Personal and economic situations are not considered valid hardships . In order for an application to be heard by the Planning Commission and City Council a hardship having merit must be demonstrated. HOW DO I PROVE A HARDSHIP? This form has 12 points outlining the basis City staff uses to determine if a hardship exists and how the variance will affect the surrounding community . To prove a hardship , address all the relevant points listed below and answer them as clearly as possible . Since you are requesting the code exception , you have the burden of proving that the variance is justified. The information the City receives is what is used in determining a denial or approval recommendation. If you leave something out it will not be considered. Please address each of these hardship criteria as they relate to the request, if they do not apply, write NIA in the space provided: 1. "The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls." SEE ATTACHED HARDSHIP STATEMENT 2. "The plight of the landowner is due to circumstances unique to his property not created by the landowner." SEE ATTACHED HARDSHIP STATEMENT 3. "The variance , if granted , will not alter the essential character of the locality ." SEE ATTACHED HARDSHIP STATEMENT 4 . "Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the Zoning Chapter." SEE ATTACHED HARDSHIP STATEMENT 5. "Undue hardship also includes , but is 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." NA 6. "The Board of Appeals and Adjustments 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 proposed use is a permitted use in the zoning district in which the property is located. Last Updated : 5/21/2009 -10 - RECEIVED SEP 2 1 2009 CITY OF ORONO 3428 7. "The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling." NA 8. "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property ." SEE ATTACHED HARDSHIP STATEMENT 9. "The conditions do not apply generally to other land or structures in the district in which said land is located ." SEE ATTACHED HARDSHIP STATEMENT 10 . "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." SEE ATTACHED HARDSHIP STATEMENT 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 ." SEE ATTACHED HARDSHIP STATEMENT 12 . "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty ." SEE ATTACHED HARDSHIP STATEMENT Hardship Statement Should you feel the hardship cannot fully be described in the above criteria , describe the unique hardship , practical difficulty or unusual property conditions preventing compliance with Zoning Ordinance requirements in the following lines (attach additionat sheets if necessary): Last Updated : 5/21 /2 009 -11 - RECEIVED SEP 2 1 2009 CITY OF ORONO #3428 HARDSHIP STATEMENT FOR VARIAN CE APPLICATION 3382 BAYSIDE ROAD, ORONO 1. "The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls ." The existing residence located on the subject property was constructed in 1942 . It has not been well maintained, is presently vacant and does not conform with the requirements of the City's current zoning ordinances. The most reasonable use of the subject property is to remove the existing residence and construct a new single-family residence on the subject property . This use is not practical because the property does not meet current minimum lot size and setback requirements, which were adopted after construction of the existing home located on the subject property. 2. "The plight of the landowner is due to circumstances unique to his property not created by the landowner." The irregular shape, nonconforming size and the existence of Stubb's Bay Creek on the subject property are all unique to this property and are not circumstances created by the landowner or Applicants. The necessity of obtaining these variances results from zoning requirements adopted by the City of Orono after the use of the subject property as a single parcel for residential use was established , and were not created by the landowner or Applicants. 3. "The variance, if granted , will not alter the essential character of the locality." The new residential dwelling proposed by Applicants is of a size and design in harmony with other residences within the surrounding neighborhood. Applicants have proposed screening, vegetative buffering and other mitigative measures so that approval of the requested variances and construction of the proposed single-family residence will not alter the essential character of the locality. Applicants ' proposed vegetative buffering, bank stabilization and other improvements within the 75 foot setback from Stubb's Bay Creek will significantly improve the subject property and be of benefit to the surrounding neighborhood. Granting the variance will, in fact, result in improvements to the neighborhood and the property itself. Applicants propose to remove the existing driveway exiting to Bayside Road and relocate the driveway to Crestview Avenue . This will result in a safer traffic condition than the current driveway entrance on Bayside Road, which is of benefit to the property and the neighborhood. The existing driveway to Bayside Road would be removed resulting in a significant reduction of the hardcover within the 75 foot setback from Stubb's Bay Creek because the existing driveway is currently located within this setback and the new driveway to Crestview will not be. 4. "Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the Zoning Chapter." Applicants ' request is not based on economic considerations. Instead, Applicants' variance request is based on the impracticability of constructing a new single-family residence on the subject property in strict compliance with all requirements of the City's zoning ordinance due to the unique characteristics of the subject property. REC EIVED # 2 4 2 8 Huthwaite/Hardship Statement 1 SEP 2 1 2009 J 8. "The special conditions appl y ing to the structure or land in question are peculiar to such property or immediately adjoining property ." The nonconforming size , irregular shape and location of Stubb's Bay Creek on the subject property are unique and peculiar conditions of the subject property that do not generally affect other properties within the City of Orono. 9 . "The conditions do not apply generall y to other land or structures in the district in which said land is located." See Applicants ' statement in response to item no. 8. 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." Unless the requested variances are granted , the subject property may not reasonably be used to construct a single-family residence thereon as proposed by Applicants, which use is a reasonable use permitted in the zoning district in which the property is located . 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." The proposed use of the property for a single-family residential purpose is a permitted use. Applicants' proposed residence is in keeping with the character of residences constructed on adjoining properties. Applicants have proposed screening, landscaping, vegetative buffering and other mitigative measures to prevent any adverse affects. The proposed variances will not be contrary to the intent of the Zoning Code. Applicants' proposed vegetative buffering and bank stabilization and improvement within the 75 foot setback from Stubb's Bay Creek will significantly improve the subject property and be of benefit to the surrounding neighborhood. As indicated in Applicants ' statement in response to item no . 3, granting of the variance will improve traffic safety because the driveway entrance will be relocated to Crestview A venue. Granting of the variance will also reduce hardcover within the 75 foot setback from Stubb's Bay Creek. 12 . "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty." See Applicants' statements in response to item nos. 1, 2, 3, 4 , 8, l O and 11 , above. Removal of the existing dwelling and construction of the new single-family residence proposed by Applicants is the most reasonable use of the subject property . Granting of the requested variances to permit this use is necessary to alleviate demonstrable hardship to Applicants. Huth wa ite/Hardship Statement 2 RECEIVED SEP 2 1 2009 CITY OF ORONO #342 M 1Cl14€.L I-Ji.J,f--1-W41T£ ("> -, ,-oc:, Lors 8-( (, 'l?L.ucic:: ~ ~Ys-w<:: Aoo -ro l ,q,c· 1Jr1< SETBACK ZONE: HARDgm(ER CALC. ULATION WORKSHEET ' t:.. rt,,. (CIRCLE ONE) ~ 75-250' 250-500' · 500-1000' EXISTING HARDCOVER IN ZONE A. House B. Garage C. Driveway D. Sidewalk E .. Patio/Deck F. Landscape Underlain By Plastic G. Retaining Walls H. Other Length TOTAL HARDCOVER IN ZONE TOTALPROPERTYAREAINZONE X X X X X X X X X X X X X X X A + B PROPOSED HARDCOVER IN ZONE A. House/CJ l{_"-_C_~---- Length B. Garage C . Driveway D . Sidewalk. E. Patio/Deck ~//d~· ·_rJ~(l~J' __ _ F. Landscape Underlain By Plastic G. Retaining Walls H. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE X X X X X X X X X X X X X X X A ~ B Width Width = = = = = = = = = = = = = = PC Exhibit C ~_'2-_:;:_:f..,____ S.F. ------S.F. ------S.F. ______ S.F. I 977-... Grr2AV£L ~:~: 01<1Ye../A)" ------ (ONC. WAU<:: +-ST5P.5 _ __,_17..LJ.7 ___ S.F.-t=~oNr o,=. r+ovsr:: __ _._7 ___ S.F.,coNc,, STooP+'ff'ff ______ S.F. ______ S.F. ______ S .F. ______ S.F. ______ S.F. _ __,:_!;':::....;2_==---~S.F. ______ S:F. r2.£AR. OF I-IOvSt: l3b'Z.. S.F. A -Z.O, 6~D S.F. B X 100 = r j / ,'):t % = = = = = = = = = = = ;:: ;:: = ;:: <J-z.J-o 9 /7(}/ S.F. ______ S.F. ______ S.F. ______ S.F. /4-S.F. ----~ S.F. ------S.F . -------S.F . 2 91 S.F. -------S.F . -------S.F. -------S.F . ____ s.F. RECEIVED ___ /.c.-b=-0 -S.F . SEP 2 3 2009 /So s .F.CITYOFORONO ------- 232 2. S .F. A 2..0,, CSO S.F. B X 100 = //. 2<1. % SETBACK ZONE: M ICl-lAtl ~UTI-J\/./Al1£ a -t(-OC( Lors '8-l f I Bt..oCJt'.'. S'" 'B."t"(51.DE .6oc. ro L41,£ /YI rltA HARDCOVER CAL~TION WORKSHEET ' (CIRCLE ONE) 0-75' ~ 250-500' · 500-1000' EXISTING HARDCOVER IN ZONE A . House X = ll'll) S.F . Length Width X = S.F . X = S.F. B. Garage X -S.F. C. Driveway X = S.F . X = S.F. 61<10 Sidewalk '278 Corle, \/Y'AU( +STOo, D . X = S.F. -R<_ol\JT Of HVl/SE X = 'ZB S.F .\~<JNl. SiO~-t-Sff/ E. Patio /Deck X = S.F. 13ACI~ t>f 1-#0v'Sf;. X = S.F. F. Landscape X = S.F . Underlain X = S.F. By Plastic X = S.F . G. Retaining X = S.F. Walls H . Other X = s:F . TOTAL HARDCOVER IN ZONE I SZ.{, S.F. A TOTAL PROPERTY AREA IN ZONE 1'3,"750 S.F. B A B X 100 I { l~CO + = % PROPOSED HARDCOVER IN ZONE C,-2.3-t7 9 A. House ,1 C'A~Ac;;:.f" X = /'7~1 S.F. Length Width X = S.F . X = S.F. B. Garage X = S.F. C. Driveway X = .,!(JO 1.. S.F. X = S.F. D . Sidewalk. ~.!/Vil/JI/ c;;. X = 1, S.F. X = S.F. E. Patio/~ X = 424 . S.F . co X = S.F . F. Landscape X = S.F . N Underlain X = S.F. -:::i-By Plastic X = S.F. G. Retaining X = I '¢. 'J S.F. l'r\ Walls /:: Iv ;,<,1 IV C<:= /"1 e ,vL-t frt f' 11,.., T J 16 =1:1:: H. Other l:C~O'I' ev1""iJ&c,v w ~~.r = 20 S.F. TOTAL HARDCOV ER IN ZONE 1:( 30 S.F. A TOTAL PROPERTY AREA IN ZONE It_, 7SO S.F. B A .,. B X 100 = J3-C7 % (836~ ' ' ' ' ' \ \ ' \ \ \ \ ' ',· CERTIFICATE OF SURVEY FOR MICHAEL HUTHW AITE OF LOTS 8-11, BLOCK 5, BAYSIDE ADDITION TO LAKE MINNETONKA HENNEPIN COUNTY, MINNESOTA I I ' ' ' .............. .............. ....... ..._-9413_ " ....... 8 ____ -94-6 ___ ___ ~ro ....... ..._ _____ ....._ ·~7 /----9-44----..._ ....... '-.. ' "- #339~ ~/ s 89"43' 36'V /E 125.25M_;,", ~cs ·· / 124.89-......... , ··~ r::r / -······'; ?;. I / r , I / ~ ,_...-946-----,_ I ,,,,,, \\ .<strii,. I I _..,.. 0 \ ' i::-/22· ~ o I I ,,,,,, \ ~1=-~ . \ I I \ \ I \ \ \ ~' er· \ \ \ i ) \ \ \ \ \ \ \ ,: ... \ \ \ \ \ \ ~\ ~ \ \ \ \ \ \'\~ <:5'"'\ \ .» ~'o \ \ \ \ :--/ I. ( \ . \ \ \ •. Si.-si I I _.. ! \\ t/,/,\~':s~' I ),,,,,,,,,, . \ / 8 I / I ''<, I I _..,.-I ,-9~.C: \ ; \ ,,, I / ........ ---....... U> 0 0 0 0 --0. \ / ~ \ // 75' SETBACK /~ f.~ \ \ \ _..,.-I FROM CREEK, ...--/ ,.-/ ~/ (845.3) \ BANK ~.,..,....-/ // ,~ I / / ,,,,,, 0 0 :: ~ \ \ .. \ \ f \ \ \ / / / 9 I // I // \ /,, I / ,, I // r11 \. \ \ \ \ \ \ ...,. /1 I / / I 1,,,,,,,,, 'o'o ';,,,_ \ \ \ / ·y \ \ \ / I ,,t / //! (83e.e) \J' \ \ ,A/ lr'o \ \ \ / \ :5?: \ )</ \ 6'~ \ \ / \ '-. ~ \ / \ ' u' \ '-. ... ~ \ \ ' ·····/ " •. / ,1 \ \ '-. ..... ·· 1),'i. .,:. \ '-. ~ ....... ,/ ---r 22~~ \ '\. ':!:·· ~/;::~~/ \ '\. .. / I '----/ '/ / ,::::: //// ""'/ / •• i>v .,, / ~·/-·············:=;::·::;.:.::-"'·iu.e.~.~ ............. . r~_......--- .,,/ \ (H8.7) ....... 4b ------ (H4.8) ....... ....... ....... ........ (H1.8) I MAlfiO/.! 0 ~ M U1 ~ :5 M ~ LAKE \ ~ ... ·'\ I / __:4{,f,\i)i' .• '\. ! /..A!):--/ \ / /~-. \ .>( '-. ,?--/ \ . '\. I --;:,r _......---/ GRAVEL DRIVEWAY 1 '\ 0 A,,,_;:::---,,,,,, , ~/ / ~ \ ~ _.,,....-_..,A~ ... ~\ e,..., ~b_.,, ""-1.•l'-') .... /)1 > <,(838.2) 0 I') STREET_,. --AA·-\ \ '-.......LL~--\ / / ' / / ....... , _,,,- ,...,....-~-, I 1 ;;,-I I _..,....-~rft--~;/if ~/<if'_.., I I ',/ Ai"f~~ 1'1/fl/~~<fr _.., / __ .,,,...,,,, /£--.. /;l /1 1 1 / __ .,,,.,,7§ ,r,/ ---~--::-". I ! I I ; I ,, //C • ,-, I I I J;:~ CREEK)~: 1 , ( i i M z~ < c.; DESIGNED DRAWN LEGAL DESCRIPTION OF PREMISES ' \---"·~" \/ \ -r,:,.,_ \\(837.8) ro'o / / / N\1•(830.1>-../ I ,,,....-~.,, ~(/f ~()¥,,,cf lfjV ,\\ I \ ,,,,,, ) ,,,1:1~\ 1-s.32-\)\ I .,,/ ,,, Iii ]' I / ,, ' ,;/ ' l 1 11 ~ I I .? \ (// ~/ )}~/~/#I:)) },#'~.)~ ,,,/ ~ ,.('\'-. ~::? 'I # ~ ~' -~ ~ -~ '&--<••• 4 // -~ 11 q / ....._ --S.J+. __ ,d'/v o.( -.,.---~ I -~ , V ... "• ·····--······· /i ..._..._Ctrr&-1rc-N 39045• 11" W ....... \ ....._ -l'o-1ell,.,"":" 1 .. < ' •>~ 07 00 . ....-I =•i --'.Jc"._ • . ··············· I --/ ---93~---// ________ ......... (838.J) '[-']~ -< ~ 40 (8:'fl.8) o BAYSIDE ROAD / 8" PVC SANIT.A.,<Y SEWER / 6(WJ.<) (838.7) (838.3) ..,.,.,olE i...ots 6, 9, iO, and ii, Biock 5, Bayside Addition to i...ake ivlinnetoni<a o : denotes iron marker (908 .3) : denotes existing spot elevation, mean sea level datum __ 917--: denotes existing contour line, mean sea level datum Bearings shown are based upon an assumed datum. This survey shows the boundaries of the above described property, the location of an existing house and creek, and the location of all visible "hardcover" thereon. It does not purport to show any other improvements or encroachments. REVISION DATE DESCRIPTION 40 20 0 20 40 S C A L E IN F E E T I hereby certify that this survey was prepared by me, or un.der my direct supervision, and that I am a duly registered Civil Engineer and Land Surveyor under the laws of the State of Minnesota. $ GRONBERG AND ASSOCIATES, INC. I I I I § CONSULTING ENGINEERS, LAND CHECKED SURVEYORS, & SITE PLANNERS 445 NORTH WILLOW DRIVE MSG a----1----a------------------1 LONG LAKE, MN . 55356 ECO 952-,4 7 3.-4141 no_?~o #3428 SEP 2 3 2009 CITY OF ORONO <O <O SCALE 1"•20' DATE 9-9-09 JOB NO. 09-239 1J () m )( :,- & ;:;: 0 STORM WATER POLLUTION PREVENTION PLAN FOR MICHAEL HUTHW AITE OF LOTS 8-11, BLOCK 5.,,_ BAYSIDE ADDITION TO LAKE MINNETONKA HENNJ?;PIN COUNTY, MINNESOTA -----~-(948.7) EXISTING I I \_ HOUSE j \ \ I t3390 \ \ ~!fl· \ \ (><4-9) •• ••• ..~o \ : • .. />. \ \ .. · "/• \ \ \ . •.. . \ (936.~ "" \ \ \ \ \ \ \ \ \ \ \iii'~ .:t .,'o._ ... -s <j \ "" "" "" "" ~ \ \ \ ~ (9J6.8) \ ~ ~ -S" PVC SANTARY SEWR \"'( 0 20 !""''"'~ SCALE 40 i IN Temporary Erosion Control and Sequencing FEET 1. Install perimeter control fencing per the standard detail plates. No more than 600 linear feet of silt fence should be continuous and collecting at one point. Undulate the silt fence or use "sirnles" or crescents of silt fence. 2. Use horizontal slope grading 3. Install erosion control around any temporary dirt stockpile areas. 4. All septic areas to be fenced off for protection. Protection to extend a minimum of 20' outside of septic areas. 5. The contractor for the project shal inspect all erosion control BMP's after each rainfall and repair as necessary and remove sediment from sitf fences n It reaches 1/3 capacity. 6. The contractor shall schedule his operations to minimize the amount of disturbed area at any given time. The contractor shall limit his activities to the grading limits as shown. · 7. Remove all temporary BMP's once the site has reached final stabilization (a unifonn perennial vegetative cover with a density of 70 percent over all pervious surface areas). Pennanent Erosion Control 1. All exposed soils on site must be stabilized with in 3 days: a. Stabilization on slopes flatter than 4:1 consists of disc-anchored mulch and seed; stabilization on slopes flatter than 4:1 and in areas of concentrated flows consists of erosion blankets and seed. 2. Temporary mulch and seed is needed tor exposed areas which sit fallow for 3:1 or steeper in 7 days, 3:1 to 10:1 in 14 days, and flatter than 10:1 in 21 days. Also open stockpiles need to have temporary stabilization n they are to remain inactive for more than 7 days. STORM WATER POLLUTION PREVENTION PLAN BEFORE AND DURING CONSTRUCTION 1. The following stonn water pollution prevention measures are shown on the plans and shall be implemented prior to construction: • Install silt fence around the perimeter of areas to be graded as shown on the stonn water pollution plan. • All temporary stockpiles must have silt fence around them to trap sediment. • Phase grading won< to minimize the duration that any disturbed soH is exposed. • Seed and mulch must be applied within 72 hours after rough grading is complete. • Locate stockpiles a minimum of 50 feet from ponds and site drainage routes. • Remove any sediment that has been tracked onto public or private streets within hours. * Remove any spill 01 fuel, oil, or other chemical immediately upon detection. • Store construction materials in an orderly manner. • Repair silt fences, rock construction entrances. and other erosion and sediment controls as needed. 2. Storm Water Pollution Prevention After Construction The contractor shall implement the following stonn water pollution prevention measures after construction: • All distrubed areas without pennanent impenneable surfaces will be vegetated for final stabilization. • Silt fence and other erosion and sediment control devices will be removed after vegetation is established • Contractor shall maintain a construction activity log with dates of major grading activities, dates grading stops and spills. • Keep SWPPP and inspection log accessible on site. ~-~--~-~..;:.:: (i) ~ ~"""' -w- I B --1 SHED -9.fs--_ __ - I --- 4b ~J 1 I I s ~ (/) 0 0 0 '---0 0- \ 0 0 = rrl \ '--- ----- (94-<.9) -' '-._ (') ~ tJ:j UJ. ~ tJ:j ~ ,941.9) MAlffllE ~\ > / <1<•39.2) I tJ:j ---..../ IZ IC I tJ:j I I I I ~ ~ /: If .:i 40 --/ I l(l :,; ;o I 939.J) Si~~o,1-~·-........... N 89°46' 11" W 107.00················ ) ~l"q,;"ll"f: (9;t.9) --------?o,[Dc.'f: / -..__ Di,,_ Qr, ./ -~-~----~~------- ) BAYSIDE ROAD / 8" PVC SANITARY SEWER / ~ (9Jll.7) (9J9.J) 3. Notification • If sediment from the site is observed on adjacent streets or other properties, the contractor shall remove the sediment within 24 hoers of detection or notification. • If sediment from the site is observed on adjacent streets or other properties, the inspector shall identify the source and discharge location of the sediment and instruct the contractor to implement additional erosion .:md sediment controls at those locations to prevent future discharges. • rf building materials, chemicals, or gener2J refuse is being used, stored, disposed of, or otherwise managed inappropriately, the contractor shan correct such detects within 24 hours of detection or notifir.ation. • If excessive sediments or debris ara observed at the flared end section outfalls, the inspector shall determine tt,e source and discharge locations of such materials. If the discharge has occurred on the property, the contractor shall remove the sediments and debris within 24 hours of notification and correct the source of such materials as directod by the inspector. LE <;AI_ DESCRIPTION OF PR~UIS~S Lot.s 8, 9. 10, ond 11 , Block 5, Bayside Addition to Lake Minnetonka o : denotes iron marker (908.3): denotes existing spot elevation, mean sea level datum I 91 0 .8 I : denotes proposed spot elevation, meon sea level datum _ -917--: denotes existing contour line, mean sea ievel datum ~: denotes proposed contour line, mean sea level datum Bearings shown are bosed upon an assumed datum. This survey shows the bo1X1daries of the above described property, the locotion of an existing creek, and the proposed location of a proposed house, porch, patio. wolls, contours, grodes, and driveway thereon. It does not purport to show any other improvements or encroachments. <D <D I DATE DESrnlPTION $ GRONBERG AND 0-2J-09 ffiOPOSlll t<XJSE, ORIVEWAY, PATIO'S AN> WALLS 5"0WN P • ASSOCIATES INC DESIGNED REVISION I hereby certify that this survey was prepared by me, or under my direct supervision, and that I am a duly registered Civil Engineer and Land Surveyor under the laws of the State of Minnesota. SCALE 1"•20' DRAWN -9-25--09 PR.a>OSEO GRADES AN> SI. T FENCE SI-OWN , • J 10-12-09 llEl.tUTEO WETLAN> NO SLff"ER AOOEO CONSULTING ENGINEERS, LAND • SURVEYORS, & SITE PLANNERS CHECKED -445 NORTH WILLOW DRIVE 09-239A LONG LAKE, MN. 55356 952-473-4141 Mork DATE 9-~ JOB NO. 09-239A 11·11·. :.:-.:·· .. -·-.::; ~1 1iBJ~ ~o;(l~ "O () m >< =r-e= ;:;: ~ ~ \ I I I I \ \ \ \ \ \ \ \ ~ \\ Lt~ \\ Vo \ ~ \ u:.. \ ~-:. \\ ----'--''--"'-J\....J ,r•.J>J;:;JV J ()\.) ... ~a~· ;;· ' ( <Z /~<:. -~r\ ··1 .····:· . . : .. · . .· .... SEWER STUB _ -PER/CITY cP._PLANS ~ () ~ ~,,... ,71) ,L ~ ~ --P. (937.6} I \"~w' ,,·. ,,. ......... .. ----946- 'o'o // \ //~7.9 } ~ . GR ....__To ~l'·,,,fR111cw.., r . """'Ovco--..... .. / ----------~ ~ ··-. -----/ ,,;:~~---. ·-=c:N 89°46' 11" w C~-IA,,_"-... ....____ / / ~ 107.00 ~ 940 il"'1~~ u -J ----------...:::'=):::. 1~ ---- ' \\\ z .,··· :":.~:: ~-~-.:~\ .... L -~~~-~--:;::;:;<, ,,,<, .. ------ ... ..... ----------------.--- ---------------... -................ . --------- PERSPECTIVE FROM NORTHEAST (CRESTVIEW) -----·-............ ____ _ \ \ -I \ \ ----.. RECEIVED -----.. PC Exhibit F /t PROPOSED SINGLE FAMILY RESIDENCE VARIAN CE DRAWINGS 3382 BAYSIDE ROAD ORONO, MN 55391 22 SEPTEMBER 2009 :t: ./. s 15250 Wayzata Blvd. Wayzata, MN 55391 952-404-7204 www.hendelhomes.com creative gr O LI p SEP 2 3 2009 www.timelessarchitect.com CITY OF Oll~ info@timelessarchitect.com 4 2 8 612-296-7575 • ' Copyright 2009 Page 1 of 8 '•' I __ I - """-,.--------- ------- -----________ .,. ..... -··· --~-----·- --~-----.,.-· ------ I I- I . -~-]__ ------ .--·· --------------- ---------- ----- PERSPECTIVE FROM SOUTHEAST -~· '· RECEIVED SEP 2 a 2009 ffi- PROPOSED SINGLE FAMILY RESIDENCE VARIAN CE DRAWINGS 3382 BAYSIDE ROAD ORONO, MN 55391 22 SEPTEMBER 2009 15250 Wayzata Blvd. Wayzata, MN 55391 952-404-7204 www .hendelhornes.corn creative gr O LI p www. tirnelessarchi tect. corn info@tirnelessarchi tect. corn CITY QQ.¥NR 2 8 612-296-7575 ft ";J 'i Copyright 2009 Page 2 of 8 ; i 1 1 1 I I I 1 l __ ! ···-·· .. .__. -~ . .................. PERSPECTIVE FROM SOUTHWEST ------ RECEIVED SEP 2 3 20 09 r13 PROPOSED SINGLE FAMILY RESIDENCE VARIAN CE DRAWINGS 3382 BAYSIDE ROAD ORONO, MN 55391 22 SEPTEMBER 2009 15250 Wayzata Blvd. Wayzata, MN 55391 952-404-7204 www.hendelhomes.com creative group www.timelessarchitect.com info@timelessarchi tect. com CITY OF OR SJl'(7 4 2 8· 612-296-7575 1t J Copyright 2009 Page 3 of 8 / __ .,,.,,.- / / ,, ;.: ----~-- ---------- _ .. -··· --~-· ' ,' ' , ·----------... ____________ \., 1_:.,,.---.... --· --- \ \ ------------- PERSPECTIVE FROM WEST -- ---'-l --1~1 ~~~~L I __ -----J __ ·, ' ___ ',~""-~-------- ', " ---' ------------', ---------',, --------',,, ------------~-~"--------.... --..... . ------------ RECEIVED SEP 2 :5 200 9 PROPOSEDr/t SINGLE FAMILY RESIDENCE VARIAN CE DRAWINGS 3382 BAYSIDE ROAD ORONO, MN 55391 22 SEPTEMBER 2009 15250 Wayzata Blvd. Wayzata, MN 55391 952-404-7204 www.hendelhornes.com creative group www.tirnelessarchitect.com info@tirnelessarchitect.com CITY OF ORff '3 4 2 612-296-7575 Copyright 2009 Page 4 of 8 •------------~-- ' -.---+---------- ! I ! ~-L-~""l!!!!!!!!E:=:3::==31!!!!!!!!. i ! I II! I ; I I : 1 _ 1 r --... ____ 22 _·-_G~·=l-8 ~·--0:: .. ~-~--- I ~i ! ! ~I I I I I I t .. ! -~~~~~~~· I • I ~ u;i1 (!)[ ,ti I I I I r--------- ,-------, : : : : : : I I I-~--- 1 I I I I .1 I 5'1 i !I i I I I -1·~- ' -'-- I I I I I I I i I I I I I I bl ,I <Q I 011 I ! I l ________ Jl _____ JGJ I ~, ____ ____,_,18,c::,'-Q" _ ---------83~" _ ------------~------------------------------------~----~ .. ==:E==•• -.-----------· --·--------------------------------------_J ____ ' l I : ~-==,=al.la. ! ! l ___ ....,,22'-0" 20'-11 7/8" -+-·-··----------------;;1 8'-6" ·---"': I l I DN 18'-0 " -t---- ____ 63'-0" _ MA IN LEVEL FLOOR APPROXIMATE FINISHED SQUARE FOOTAGE= 2 ,800 ""1•111111111111111 O' 2' 4' 6' 8' 10 ' 12' 14 ' 16' GRAPHIC SCALE PLAN 0 \ \ I • I I -c-! I I c;> N I I I cl i _.I 1~, I I ............ ·11 I I 24'-0 @:'__ __ _ ! .J I I ---"'i I I ! I ' I ' I -'-L RECEIVED SEP 2 J 2009 CITY OF ORONO PROPOSEDf/.5 SINGLE FAMILY RESIDENCE VARIAN CE DRAWINGS 3382 BAYSIDE ROAD ORONO, MN 55391 22 SEPTEMBER 2009 15250 Wayzata Blvd. Wayzata, :MN 55391 952-404-7204 www.hendelhomes.com creative group www. timelessarchi tect.corn info@tirnelessarchi tect.corn IMAGE. TRUNCATED TO FIT ON PAGE. #342 612-296-7575 Copyright 2009 Page 5 of 8 ', 11 --... LOWER LEVEL FLOOR PLAN APPROXIMATE FINISHED SQUARE FOOTAGE= 2,450 ""i i I I I I I I I I I I I I I I I O' 2' 4' 6' 8' 10 ' fl' 14' 16' IMAGE. TRUNCATED TO FIT ON PAGE. GRAPHIC SCALE 0 0 OJ 0 RECEIVED SEP 2 3 2009 CITY OF OHONO PROPOSEif/VJ SINGLE FAMILY RESIDENCE VARIAN CE DRAWINGS 3382 BAYSIDE ROAD ORONO, MN 55391 22 SEPTEMBER 2009 15250 Wayzata Blvd. Wayzata, MN 55391 952-404-7204 www.hendelhomes.com creative gr O LI p www.timelessarchitect.com info@timelessarchi tee t. com # 3 4 2 8, 612-296-7575 . Copyright 2009 Page 6 of 8 NORTH ELEVATION SCALE 1/8"=1'-0" EAST ELEVATION SCALE 1/8"=1'-0" ·~. PROPOSED f/7 SINGLE FAMILY RESIDENCE VARIAN CE DRAWINGS 3382 BAYSIDE ROAD ORONO, MN 55391 22 SEPTE1-1BER 2009 RECEIVED SEP 2 3. 20 09 15250 Wayzata Blvd. Wayzata, MN 55391 CITY OF ORONO 952-404-7204 C www .hendelhornes.corn re at i Ve gro www. tirnelessarchi tect. com info@timelessarchi tect. com 612-296-7575 Copyright 2009 u p Page 7 of 8 : \ ; 1f I. I * i':1 ii!--,-, ~: -~ 11 ';I I , r 1· I LJ~I! ,ll " • I ~ I ' ~ 'i· . -1 . ·-----------·-·-·---J __ _ ~_II ,t WEST ELEVATION SCALE 1/8"=1'-0" SOUTH ELEVATION SCALE 1/8"=1'-0" /': ·. •.? \-· Ff( PROPOSED SINGLE FAMILY RESIDENCE VARIAN CE DRAWINGS RECEIVED 3382 BAYSIDE ROAD ORONO, MN 55391 22 SEPTEMBER 2009 t (t "' ~ ·'1]~~~~ SEP 2 ii iU t.~ 15250 Wayzata Blvd. CITY OF OHONO Wayzata, MN 55391 952-404-7204 www .hendelhomes.corn creative group ELEY. nu· LL sue (EXIS TING TO REMAIN} www. timelessarchi tect. com info@timelessarchi tect. com 34 2 612-296-7575 Copyright 2009 Page 8 of 8 RECEIVE D SEP 2 3 2009 CITY OF ORONO 40 20 S C A L E PRELIMINARY PLANT SCHEDULE SYMIOL OUANTn'Y BOl'AN tCAl N.t.Ml I \ \449) \ \ N F E E T COMMO N MM! NOTS QJ7 .1) ,,. .. H . rwnou.ous MANHOLE ~ z late-:ltt11Ut1 at1Mtlos tnt~• 'S lnc,lt ' I N l IIIG,ll a NJ.n Oft 2 1.1",, .. ,au ru bnt P.e d Ot lf lllfU. CON I tnfU-OIIIIAMDIIT.Al t,,.., •. nar1n11n11c.it111DC0NrPKK1J SM< 17 s--•~atl.lll 'M!u ttlf'\-' •ux .. II Ullus.T,t nt:le' " ft ~odendron'PJM' ""' 12 l,ll\l rten,tl ch!MMI• '<Sold LI«' ,.11 I m.a 'Chaft ftAH11neJ' TO Tt\u AI OW!tenUJ1S ,-._.._,.. VO n Mmumd~t'.lM 'Bll.lb ia1.u1' VT 12 iVtbuml!!"ll t rtbbuMlflhl' H!.OG! ~ o!,~d~mJned .A "' l'h'.11 wr-.-.-.iia ~,>low' PIJIINff'•1~1 Gllr:ILIJIOC-- I ITobt deta m.inad PLANTING NOTES /GENERAL NOTES: ll"Bl• •~·au ll"•U I ICI UMoform d um pf.>rm 1. 10 foot ntland buffw -lhdl be IIMded with Ned mix BWSR W7 at 10lba. per acre and aa recommended by (937.B) auppller/manufacturw.Shaded _. and the crealc edge .., .. be aupplamented with natM plantlnga <-llat an Sheet 3) aa needed. 2. Areaa outalde the 10' ntland buffw lh .. be ~ with BWSR U2 at 151ba. per acre and aa recmmended by auppller/manufacturer. 3. Sloped -. In the 1 O' buffw zane lhall be malnlc*led with a atabllzatlan fabrfc 4. Perwnnlal --denoted an th• plan .., .. be determined. Pwennlala .., .. canar.t of 9(lnlen perennlala, {IF'OUnd ca-. and omcmental and natJw graaaa. 5. EdQlnQ materlala ta be determined. 11. Mulch-path la a permeable path with na plcmlc underneath. 7. Exlatlng Bucktham hedge ta rwnaln. II. Stetp crealc banka .., .. be graded back ta 2:1 or 3:1 llopee wh .. _ poaalble <-drawing). 9. L.andeeape ln1Qatlan to be determined. 10. L.andacape MIiia en propoaed ta be Fon-du-Lac Stane. 11. All landacaped planting beda ta be m~ched (mulch ta be determined). 12. Eroalon control ahal be maintained alang the edge of the creek and along roaclwai,e aa required. 13.2. BUFFER AREA SUPPLEMENTAL PLANT UST: REDOSIER DOG'MlOO, CRANBERRY \111URNUII, BLUE FLAG IRIS. MARSH IIARIGOI.D, CULVER'S ROOT, MARSH ASTER, ANGELICA. JOE-PYE llEE>, ~GIA, FERNS ANO OlHERS NAlll/E PLANS TO BE DETERMINED. 'o'o SHEET 1 75' SETBACK. FROM CREEK BANK PRELIMINARY LANDSCAPE CONCEPT PLAN (944 .9) 40 (941 .9, MANHC (939.2) (939.3) XELDE!l (939.9) PC ExhibitG ~ Q. "' > ... .. C< :i ~ :z: 28 :--.. '-. I ( / ) ('\ I /,; / ··, ,, '·' 3382 Bayridge Road 09-3428 ll:illt3] Ei '-t x ~t P· E.•e Edit '!'.iew F~vorites Ic,ols ttelp x Go gle £a !l sea<eh • ··~ ,t:, • M • ® +· ~ · <:r eooi<m,,,lss • ·~check· T,an,late • t:J Autof• • /j ~-e meian; .. , it' Favorit es . .., ;e Suggested Site5 .. C Free HotmaM a, Get More Add-ons ... b ~no Mops Si . ~ lfeil"l • ~age ... ~fety .. T~ls • f,,... » - Ooe<l ~ 9 Internet '• ... 't'\. tOO°k .. Looking West ~ ~ E.~e [dit '{iew F~vorite!. Iools x Go gk : t!elp •'ISea,ch • • ~ ({:, • M • ® <io · ~ · <:r Bookma,ks • ~Check· ~T,an~ate • t.J Autofi • ~ • •• Favorites 'iii if SI.J9!.lested Sites .. C Free Hotmail @ , Get M or e Add-ons • l::)B;r>Q Maps Done Looking south 'i:il~Q! i:j +t X ~t p. ~--~an, .... r-.i . ~ ~l • eaoe • ~afety • TQOls • ,91. » ~ 9 Internet +,100% -~ ........ ~ l? ( Wetland Delineation 3382 Bayside Drive Orono, MN Wetland Delineation Report & Functions and Values Assessment Prepared For: Michael Huthwaite 7155 Ainsworth Drive Germantown TN, 38138 Prepared By: Svoboda Ecological Resources 25580 Nelsine Drive Shorewood, MN 55331 Project No. 2009-048-03 October 12 , 2009 PC Exhibit! Introduction On October 7, 2009, ecologists from Svoboda Ecological Resources (SER) completed a field investigation of the subject property to identify and de! ineate areas meeting wetland criteria in accordance with the 1987 Army Corps of Engineers Wetland Delineation Manual and the Midwest Region Supplement Delineation Manual. As depicted in Figure 1, the site is located in the city of Orono. A functions and values assessment was also completed on-site as well as in-office for the subject wetland. The approximate 0.80 acre site has the following legal description in the City of Orono, Hennepin County, Minnesota.: • Located in part of Sec. 5, Tl 18N, R23W Only one Riverine wetland (Wetland 1) was identified on the subject property. SER determined that normal circumstances were present at the time of the field investigation. Methods The USGS Topographic Map (Figure 1), National Wetland Inventory Data (Figure 2), Hennepin County Soil Survey (Figure 3), the Department of Natural Resources Protected Waters Inventory (Figure 4), and aerial photographs were reviewed prior to the field investigation to identify potential wetland habitats. The parcel boundary was determined using a property description provided by Gronberg & Associates and GIS data available from the Hennepin County Website. Minnesota Routine Assessment Method (MnRAM 3.2 Excel version) was used to complete the functions and values assessment for the subject wetland. See the Attachment at the end of the report for the Mn RAM results. The following procedures were used to determine wetland habitats: • The vegetation was sampled to determine whether greater than 50% of the dominant plant species were classified as either obligate wetland, facultative wetland, or facultative. • Shallow soil pits were hand dug with a soil auger to identify soil morphology, redoximorphic features and soil texture. • Wetland hydrology indications were observed through open soil pits, shallow water table measurements, and historical data. The wetland hydrology determination uses the criteria of the presence of water within 12 inches of the surface for 14 days during the growing season, or within 24 inches of the surface during the dry part of the growing season. The wetland boundary w as marked with sequentiall y numbered neon orange pin flags and the surrounding tall grasses were flagged with neon orange "Wetland Boundary" tape to ease in the identification of the boundary on later dates. One sample transect was completed for the identified wetland. Two sample points were taken ; both within the upland area due to the abrupt and steep eroded slopes of Wetland 1. The wetland boundary exists below Sample Point Bat the bottom of the severely eroded slope . Additional sample point s were used throughout the delineation to verify vegetation , hydric soils , and hydrology. Data sheets for the recorded transect are located in the Appendix. Results The field investigation identified one riverine wetland basin. The approximate wetland boundary is illustrated on Figure 5. The location of the wetland boundary will have to be located by a surveyor before the execution of activities which could affect the basin. It is recommended that the boundary be located prior to site design in order to avoid future conflict and project issues. The following is a summary of the wetland delineation . H 'et/and JJ . / / T NJJ '/ (. . 1 ) Soil S11n·er llrdric Domi11a11t et a IU l'f}l' 1'1 11 , . · · . N11mber · · Sm/ (.r /11) Vegetatum Type4 R4UB2 N y Phalaris arundinacea, Laportea canadensis Open Water Wetland # 1 is located along the southeastern portion of the parcel. The topography of the site is moderately undulating throughout with its high points being at the northern portion of the parcel with a gradual decent toward Wetland 1 with an abrupt drop in elevation leading into Wetland 1. The wetland boundary was based on the transition from hydrophytic to non-hydrophytic vegetation dominance , change in soils from hydric to non-hydric , and a distinct topographical break, which was observed along the entire wetland boundary. Below are photographs of our sample transect and edge of wetland boundary. The functions and values assessment using the MnRAM concluded that Wetland I is a Manage 3 wetland due to the Wetand I did not fit into the criteria of the other three management categories. In addition to the above reason, the MnRAM classification system specifies Manage 3 wetlands as having low vegetative diversity/integrity and medium or high for downstream flood storage/attenuation . Wetland I does have these qualities according to the output (Attachment). ( Photo 1: View of the transect location. Photo 2: View towards the southwest. ( ( .. Photo 3: View towards the northeast. Unregulated activities that impact or potentially impact wetlands are currently regulated at several levels of government. No grading or filling in wetland basins should commence until all necessary permits have been obtained. This wetland delineation meets the standards and criteria described in the 1987 U.S. Army Corps of Engineers Wetland Delineation Manual and Regional Supplement and the results represent the conditions present at the time of the field investigation. ( ( I certify that this plan , document and report were prepared by me or under my direct supervision . If you have and questions , please feel free to call. Sincerely, Brian Burgner, WDC Reviewed by Franklin J. Svoboda Professional Wetland Scientist October 12, 2009 Date ( ( Appendix ( Project/Site : 3382 Bayside Road City/County : Orono/Hennepin Sampling Date : I 0-7-09 AppllcanVOwner: _M_i_ch_a_e1_H_a_1h_w_a_i1e _____________________ Stale : _M_N ___ Sampling Point : SP 1-1 UP A lnvestigator(s): _B_K_B ________________ Section. Township, Range : Part of Sections , Tl 18N , R23W Landform (hillslope, terrace. etc.): Upslope Local relief (concave . convex. none): _N_on_e ________ _ Slope(%): Lat: _____________ Long :--------------Datum : _1_98_3_U_T_M ____ _ Soll Map Unit Name : Hamel-Glenco e NWI classification : No ne --------- Are climatic/ hydrologic conditions on the site typical for th is time of year? Yes _v __ No __ (If no . explain in Remarks.) Are Vegetation __ , Soll __ • or Hydrology __ significantly disturbed? Are "Normal Circumstances· present? Yes _v_ No __ Are Vegetation __ . Soil __ . or Hydrology __ naturally problematic? (If needed , explain any answers in Remarks.) SUMMARY OF FINDINGS -Attach site map showing sampling point locations, transects, Important features, etc. t/ Is the Sampled Area within a Wetland? Yes No t/ Hydrophytlc Vegetation Present? Yes ---No --------- Hydric Soil Present? Yes No ., Distance from Del i neated Edge_io_Ft. ------Above t/ Below Wetland Hydrology Present? Yes No t/ ------ Remarks: VEGETATION-Use scientific names of plants. Absolute Dominant Indicator Dominance Test worksheet: ![~ Slall!i!!!l (Plot sizes : 30-fl ) ~Cmr Species? -5li1!.!s.. Number of Dominant Species 1. Picea glauca 20 t/ FACU That Are OBL, FACW, or FAC : I (A) 2. Total Number of Dominant 3 3 . ---Species Across All Strata : (B) 4 . ---Percent of Dominant Species 5. ---That Are OBL. FACW, or FAC : 33 (A/8) Total Cover: 20 Si~!ag/§t!fl!~ ~ratym ( 15,fi ) Prevalence Index wort<sheet: 1. ---Total% Cover of: Mylti11~b~: 2 . ---OBL species x1= 3. FACW species x2= 4 . ---FAC species x3= 5 . ---FACU species x4= Total Cover: UPL species x5= Herb Stral!i!m < 5.P o-m) ) Column Totals: (A) (B) 1. Glecoma hederacea 30 t/ FACU 2. A.~·rer sp. 10 ---------Prevalence Index = BIA = --- 3 . Ageratina ahissima 5 FACU Hydrophytlc Vegetation Indicators: 4 . I.aportea canadensis 20 t/ FACIV Dominance Test is >50% - 5. Parrhenocusus quinquefolta 10 FAC-Prevalence Index is s3.0 ' ---- 6 . ---_ Morphological Adaptations' (Provide supporting 7 . data In Remarks or on a separate sheet) ---_ Problematic Hydrophytic Vegetation 1 (Explain) 8. 9 . ---'Indicators of hydric soil and wetland hydrology must 10. be present. Total Cover: 75 ~Q.QS!~ Via§ S!Cll!i!!!l ( 30-fl ) 1. ---Hydrophytlc 2 . Vegetation t/ ---Present? Yes No -----Total Cover: Remarks : (Include photo numbers here or on a separate sheet.) US Army Corps of Engineers Midwest Region -DRAFT Version 6-1-2007 ~M SVOBODA ECOLOGICAL RESOURCES {yl/f-· ll "etla ncl, /11 n:111m:1· & Dcli11ea1io11 • Fisherie., • ll'i/d/ife •.\'a11m1/ Co1111111111ili<!., SOIL Sampling Point: SP 1-1 UP A Profile Description: (Describe to the depth needed to document the Indicator or confirm the absence of Indicators.) Depth M!ll!i!! B~Ql! F!!!!IYr~ !ios.!l!!ll QQ!Qr (DJ!2illl _L_ QQIQC !1!1!2i§ll ~ ...!.Y.l1i_ ~ Jexiyre Rerni!r1<s 0-1 5 l OY R 3/1 100 Loa m ------------ 15-1 9 1 OY R 3/1 100 l OYR 4/2 1 D M SCL Course/Faint ------------ 19-26 10YR4 /2 100 SCL ------------ ------------ ------------ ------------ ------------ 'T-: C=Concentration, D=Deoletion, RM=Reduced Matrix CS=Covered or Coated Sand Grains . 2Location : PL=Pore Linina , M=Matrix . Hydrlc Soll Indicators : Indicators for Problematic Hydrlc Soils': _ Hlstosol (A 1) _ Sandy Gleyed Matrix (S4) _ Coast Prairie Redox (A16) _ Hlstlc Eplpedon (A2) _ Sandy Redox (S5) _ Iron-Manganese Masses (F12) _ Black Hlstlc (A3) _ Stripped Matrix (S6) _ Other (Explain in Remarks) _ Hydrogen Sulfide (M) _ Loamy Mucky Mineral (F1) _ Stratified Layers (A5) _ Loamy Gleyed Matrix (F2) _ 2 cm Muck (A10) _ Depleted Matrix (F3) _ Depleted Below Dark Surface (A 11) _ Redox Dark Surface (F6) _ Thick Dark Surface (A12) _ Depleted Dark Surface (F7) 31ndlcators of hydrophytic vegetation and _ Sandy Mucky Mineral (S1) _ Redox Depressions (FS) wetland hydrology must be present. 5 cm Mucky Peat or Peat (S3) Restrictive Laver (If observed): Type : Depth (inches): Hydrlc Soll Present? Yes No V ---- Remarks : HYDROLOGY Wetland Hydrology Indicators: eamai:x ln!ll!i!!IQ!l cm101m1.1m 21 !2!l!! iii !ll9!.!ire!:!; ml!!.!! !Ill lll!II !ll!l!M §.l!gQn!1ar:x l!ll1i~l!2!l (m!o lmym Qf lWQ regyife!ll _ Surface Water (A1) _ Water-Stained Leaves (89) _ Surface Soll Cracks (86) _ High Water Table (A2) _ Aquauc Fauna (813) _ Drainage Patterns (810) _ Saturation (A3) _ True Aquatic Plants (814) _ Dry-Season Water Table (C2) _ Water Marks (81) _ Hydrogen Sulfide Odor (C1) _ Crayfish Burrows (CS) _ Sediment Deposits (82) _ Oxidized Rhlzospheres on Living Roots (C3) _ Saturation Visible on Aerial Imagery (C9) _ Drift Deposits (83) _ Presence of Reduced Iron (C4) _ Geomorph ic PosiUon (D2) _ Algal Mat or Crust (84) _ Recent Iron Reduction In TIiied Soils (C6) _ FAC-Neutral Test (05) _ Iron Deposits (85) _ Thin Muck Surface (C7) _ Inundation Visible on Aerial Imagery (87) _ Gauge or Well Data (D9) _ Sparsely Vegetated Concave Surface (88) _ Other (Explain In Remarks) Fleld Observations: Surface Water Present? Yes __ No_.,_ Depth (inches): Water Table Present? Yes __ No_.,_ Depth (inches): Saturation Present? Yes __ No_.,_ Depth (inches): Wetland Hydrology Present? Yes No V ----Cindudes caoillarv frinael Describe Recorded Data (stream gauge. monitoring well , aerial photos . previous Inspect ions). if available : Remarks : US Army Corps of Engineers Midwest Reg ion -DRAFT Vers ion 6-1 -2007 ~tta.. SVOBODA ECOLOGICAL RESOURCES ~,-.,.....-. Wetlands Inventory & Delineation• Fisheries• Wildlife • Natural Communities Project/Site: 3382 Bays ide Road City/County: Oro no/Hennepin Sampling Date : I 0-7-09 Applicant/Owner: _M_i_ch_a_e_l H_a_th_,_va_it_e ______________________ State : _M_N ___ Sampling Point : SP 1-1 UP B lnvestigator(s): _B_K_B _________________ Section , Township, Range : Pan of Sectio n 5, Tl 18N , R23W Landform (hillslope, terrace. etc.): Ups lope Local relief (concave, convex, none): _N_on_e _________ _ Slope(%): ____ Lat: _____________ Long :--------------Datum : !983 UTM Soil Map Unit Name : Hamel-Glencoe NWI classification : _N_o_n_e _______ _ Are climatic I hydrologic conditions on the site typical for this time of year? Yes ~ No ___ (If no, explain in Remarks .) Are Vegetation --· Soil __ • or Hydrology ___ significantly disturbed? Are "Normal Circumstances· present? Yes_.,.. __ No __ _ Are Vegetation __ , Soil __ . or Hydrology __ naturally problematic? (If needed . explain any answers in Remarks .) SUMMARY OF FINDINGS -Attach site map showing sampling point locations, transects, Important features, etc • v Is the Sampled Area within a Wetland? Yes No .., Hydrophytlc Vegetation Present? Yes ---No --------- Hydrlc Soil Present? Yes ___ No_" __ Distance from Delineated Edge_4 _ Ft. Above "' Below Wetland Hydrology Present? Yes No v ------ Remarks: VEGETATION-Use scientific names of plants. Absolute Dominant Indicator Dominance Test worksheet: I~Sl!i!l!.!l!l (Plot sizes : JD -fl ) ~s;;~r Species?~ Number of Dominant Species 1. P1 ,·ea glauca 15 v FAC U That Are OBL , FACW, or FAC : I (A) --- 2 . Total Number of Dominant 3 . Species Across All Strata : 3 (B) 4 . ---Percent of Dominant Species 5. That Are OBL, FACW, or FAC : 33 (A/8) Total Cover: 20 SggJl~ll!l!b §1£1!1!.!m ( 15-fl ) Prevalence Index worksheet: 1. ---TQ!ill ~ ~Qver Qf : M!.!llil!~~lr'.: 2 . OBL species X 1 = --- 3. ---FACW species x2= 4 . ---FAC species x3= 5. ---FACU species x4= Total Cover: UPLspecies x5= t:1em 5.tcm!.!m < 5,r, 0 -111) ) Column Totals : (A) (B) 1. G/ecoma hederacea 20 ---v FACU 2. A.'ilcrsp . 10 -----······· Prevalence Index = BIA= 3 . A geratina altissima 2 FAC U Hydrophytlc Vegetation Indicators: --- 4 . J,aporrea canadens,s 20 v FACW Dominance Test Is >50% ---- 5 . Parrhenociss11.~ qwnquejO/ia 5 FAC-Prevalence Index is s3.0' ---- 6 . Osmunda cinnamomea 5 FACW _ Morphological Adaptations' (Provide supporting ---data In Remarks or on a separate sheet) 7. Rhamnus car1harttca 10 FACU ---_ Problematic Hydrophytic Vegetation' (Explain) 8. --- 9 . ---'Indicators of hydric soil and wetland hydrology must 10 . ---be present. Total Cover: 72 ~QQ!lll Vi!!! S!ri!ll,l!D ( 30-fi ) 1. ---Hydrophytlc 2 . Vegetation v ---Present? Yes No ------Total Cover: Remarks: (Include photo numbers here or on a separate sheet.) US Army Corps of Engineers Midwest Region -DRAFT Version 6-1 -2007 ( ( ' ~~ SVOBODA ECOLOGICAL RESOURCES \,/~;r' ll 'e tlwul, l,m.:1110/)' & Deli11eatio11 • Fisherie., • ll'i/dli(<' • .\'c11111·C1! Commtmitit'., SOIL Sampling Point: SP 1-1 UP 8 Profile Description: (Describe to the depth needed to document the Indicator or confirm the absence of Indicators.) Depth Mi!lril! B~Ql! Eei!!Ure§ (in~§) !:i2!2c Cm!!!§!l _.'.L_ QQIQ[ (mQi§l) _.'.L_ ..hL --12L Texiure Re!!!i!!Y 0-5 lOYR 3/2 100 CL ------------ 5-12 2.5Y 5/4 100 2.5 Y 6/2 10 D M CL Co urse /Fai nt ------------ lOYR 4/2 25 C M ------------ 12-25 2.5Y 5/4 100 lOYR 5/8 15 C M Clay Co ur se /Prom. ------------ ------------ ------------ ------------ 'Tvne: C=Concentratlon. D=Depletlon , RM=Reduced Matrix CS=Covered or Coated Sand Grains . 2Location: PL=Pore LininQ. M=Matrix. Hydrlc Soll Indicators: Indicators for Problematic Hydrlc Soils': _ Hlstosol (A 1) _ Sandy Gleyed Matrix (S4) _ Coast Pra irie Redox (A16) _ Histic Epipedon (A2) _ Sandy Redox (S5) _ Iron-Manganese Masses (F12) _ Black Histlc (A3) _ Stripped Matrix (S6) _ Other (Explain in Remarks) _ Hydrogen Sulfide (A4) _ Loamy Mucky Mineral (F1) _ Stratified Layers (AS) _ Loamy Gleyed Matrix (F2) _ 2 cm Muck (A10) _ Depleted Matrix (F3) _ Depleted Below Dark Surface (A 11) _ Redox Dark Surface (F6) _ Thick Dark Surface (A 12) _ Depleted Dark Surface (F7) 31ndicators of hydrophytlc vegetation and _ Sandy Mucky Mineral (S1) _ Redox Depressions (F8) wetland hydrology must be present. _ 5 cm Mucky Peat or Peat (S3) Restrictive Laver (If observed): Type : Depth (inches): Hydrlc Soll Present? Yea No v' Remarks : HYDROLOGY Wetland Hydrology Indicators: P[!mi!~ lruli~IQC§ (m1a1mum Qf 2ae ill ~ul~; ~!.IS i!ll l!J!!I l!lll!!Yl Sei;Qn!!l!~ ln!!i~!Q!l (minimum Qf ~ reguiredl _ Surface Water (A 1) _ Water-Stained Leaves (89) _ Surface Soll Cracks (86) _ High Water Table (A2) _ Aquatic Fauna (813) _ Drainage Patterns (810) _ Saturation (A3) _ True Aquatic Plants (814) _ Dry-Season Water Table (C2) _ water Marks (81) _ Hydrogen Sulfide Odor (C1) _ Crayfish Burrows (CS) _ Sediment Deposits (82) _ Oxidized Rhlzospheres on Living Roots (C3) _ Saturation Visible on Aerial Imagery (C9) _ Drift Deposits (83) _ Presence of Reduced Iron (C4) _ Geomorphic Position (02) _ Algal Mat or Crust (84) _ Recent Iron Reduction In TIiied Soils (C6) _ FAC-Neutral Test (05) _ Iron Deposits (85) _ Thin Muck Surface (C7) _ Inundation Visible on Aerial Imagery (87) _ Gauge or Well Data (09) _ Sparsely Vegetated Concave Surface (88) _ Other (Explain in Remarks) Field Observations: Surface Water Present? Yes __ No-"-Depth (inches): Water Table Present? Yes __ No_"_ Depth(lnches): Saturation Present? Yes __ No_"_ Depth(inches): Wetland Hydrology Present? Yea No V ----<includes caolllarv frinael Describe Recorded Data (stream gauge, monitoring well , aerial photos . previous inspections), if available: Remarks: US Army Corps of Engineers Midwest Region -DRAFT Version 6-1 -2007 ( Figures Part of Sec. 5 T118N, R23W I l;s.svOBODA ,.~,_r.1 fco logi..:al Rc;o~11·c~s 0 Map of Site Overlaid on USGS Topographic Map D Approximate Parcel Boundary 0.125 0.25 0.5 Miles ,,/ • --··-..,. '\ • Figure 1 2009-048 3382 Bayside Road Orono , MN Part of Sec . 5 T118N, R23W. I l~SVOBODA , .. ~.,(1 Ecologica l RcSOtJl'C{!S National Wetland Inventory Map Overlaid on 2006 Aerial Photo c::J Approximate Parcel Boundary 0 150 300 600 Feet ••. Figure 2 ' 2009-048 3382 Bayside Road Orono, MN Part of Sec . 5 T118N, R23W. A~svosooA ,·.~;,'(! Eco log[r.:al Rc ,0 ~11 ·c<:!s Hennepin County Soil Survey Overlaid on 2006 Aerial Photo c::::::J Approximate Parcel Boundary ~ Hydric CJ Non-Hydric Figure 3 2009-048 3382 Bayside Road Orono, MN Pat of Sec. 5 T118N, R23W. I ~t¥.tSV0B0DA '-'~•.l.'1 Ecological Rc;o· 11·c~s Public Waters Inventory Map Overlaid on 2006 Aerial Photo D Approximate Parcel Boundary 0 300 600 1,200 Feet .... , Figure 4 s 2009-048 3382 Bayside Road Orono, MN Part of Sec. 5 T118N , R23W. Wetland Boundary Map Overlaid on 2006 Aerial Image • ..-. Figure 5 s D Approximate Parcel Boundary Approximate Wetland Boundary * Sample Points I /~SVOBODA '·\li·/i Eco logica I Re 10·.11 ·c~s 0 37 .5 75 150 Feet 2009-048 3382 Bayside Road Orono, MN ( Attachment Recommended Wetland Management Standards Minnesota Routine Assessment Method for Evaluating Wetland Functions, Version 3.0 Management Class Management Strategy Stormwater T reatment Buffer1 Mitigation Standard Hydrologic Guidelines AtPreserve Maintain wetland and Avoid conve)led flows where ~50 feet for WCA minimum or greater replacement ratio with Bounce (10 yr): Existing existing functions , values 12rudent and feasible . water quality documented replacement of functions/values . Inundation (1 & 2 yr): Existing and wildlife habitat. Upstream sediment and ~ 100 feet for Consider requiring buffer replacement. (10 yr): Existing Possible need for active nutrient pretreatment wildlife Runout Contro/:3 No Change management of wetland to reguired to maintain habitat.2 Maintain existing hydrology . protect unique background loading rates . Require Encourage infiltration and -vaftle&features . Apply mGFe Maintain existing monuments reduced impervious BMPs . strict avoidance aA4 hydrology flessil:Jly divert to mark Conduct water budget analysis. seqlleAs iAg standards . increased flows . Avoid buffer edge . S1,1ggest graAtiAgMall be concentrating fl ows . a1212ro12riate to develo12 a conservation easement. B--Manage 1 Maintain wetland aA4 IJflslreaFA seeimeAt aAe WCA minimum or greater replacement ratio. Bounce (10 yr): Existing + 0 .5 ft without degrading existing RYlfieflt 35-50 feet Replacement of functions and values on site or in Inundation (1 & 2 yr): Existing functions , values and flFetreatmeAt.Pretreat location specified in plan for drain/fill/~ plus 1 day wildlife habitat . Apply WCA conve)led flows to maintain Require excavation impacts . fJ.Q...rr1. Existing + 7 days sequencing process . background loading rates . monuments Runout Contro/:2 No Change to mark In com12liance with Ch . 7050 the entire area Maintain existing hydrology . buffer edge . affected blr'. storm water or other wastewater flows Encourage infiltration and must be avoided , minimized and re12laced at a reduced impervious BMPs . re12lacement ratio of 1: 1 for all changes in wetland !YQg. C--Manage 2 Maintain wetland footprint. IJflstream seeimeAt l:JasiA WCA minimum replacement of acreage and Bounce (10 yr): Existing + 1 .0 ft Improve wetland biological treatmeAt.Pretreat all 25-35 feet functions/values on site or in location specified in Inundation (1 & 2 yr): Existing and 12lant communitll conve)led discharges to Require plan for drain/fill/excavation im12acts plus 2 days diversity/integrity or remove all heavll particles monuments fJ.Q...rr1. Existing + 14 days enhance other functions if and maximize removal of to mark In com12liance with Ch . 7050 the entire area Runout Control: 2 0 to 1. 0 ft possible . _Apply WCA fine grained sediment 12rior buffer edge . affected blr'. storm water or other wastewater flows above existing runout sequencing process. to discharging to the must be avoided , minimized and re12laced at a ' Consider for restoration . wetland re12lacement ratio of 1: 1 for all changes in wetland !YQg.c D--Manage 3 Allow for relaxed IJflslreaFA seeimeAt WCA allows mitigation flexibilitlr'. with minimum Bounce (10 yr): sequencing and reme>1al.Pretreat all 25 feet standards required in the plan area , see M.R. No Limit replacement plan flexibility. conve)led flows to remove 8420.0650, Inundation (4-1 & 2 yr): Consider for all medium grained and Existing plus 7 days restoration/enhancement . larger sediments . In com12liance with Ch . 7050 the entire area fJ.Q...rr1. Existing + 21 days affected blr'. storm water or other wastewater flows Runout Contro/:2 O to 4 .0 fl must be avoided , minimized and re12laced at a above existing runout re12lacement ratio of 1 :1 for all changes in wetland !YQg.lAJGI>, miAim1,1m FefllasemeAt er as Sflesifiee l:Jy lesal wetlaAe maAagemeAt fllaA. Refllase lest fllAStieRS . ( ( Wetland name / ID 1 I Date Oct 7 2009 Special Features (from list , p .2--enter letter/s) - Community Number (circle each community 3A,38 ,4A,48, 7A, 78,8A , #1 88 , 10A , 13A, 138,128, 14A , which represents at least 10% of the wetland) 15A, 158, 16A, 168 Community Type (wet meadow, marsh) 16A I Shallow, Ooen Water Community Proportion (% of total) 100% Dominant Vegetation/ Cover Class i Laportea canadensis/2 ~ ·c: ::, E E 0 u c "' 0:: Invasive/exotic Vegetation/ Cover Phalaris arundinacea/2 Class Community Quality (E , H, M , L) L I 0.1 0.1 Low 0.10 Low 0.10 Low - C 0 .. u Cl) "' J Cl) Cl) .c "' ~ ... 0 31: -cu ~ 0) ci 4 5 6 7 8 9 10 11 I 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 - - -- I ...;-J 27 Cl) -28 -Cl) £l ! .c Cl 29 6, u, ... 30 ... ~ t r ~ Q 31 31: u 32 ( MnRAM 3.2 Digital Worksheet, Side 2 Question Description Veg . Table 2 , Option 4 TOTAL VEG Ratin~ Listed, rare, special plant species? Rare community or habitat? Pre-European-settlement conditions? h) drogeo & tnpo \\ ater d.::pth (inche,) User entry 0.1 n n n 12 \\ atcr depth t'"<, inundation) <)0°o Local \\atcrshcd i111111eclita drainat?,e (acre,) - Existing wetland size 0.04 SOILS: L p \\ ct land (sun.:: clas~ification site) Outlet characteristics for flood retention n/a Outlet characteristics for hydrologic regime b Dominant uoland land use {within 500 ft) b Soil condition (wetland) b Vegetation(% cover) 15% Emerg. veg. flood resistance C Sediment deliven,: C Upland soils (based on soil group) b Storrnwater runo ff pretreatment & detention a Subwatershed wetland density C Channels/sheet flow C Adjacent naturalized buffer average width (feet) 50 Adjacent Area Management : % Full 35% adjacent area mgmt: % Manicured 40% adjacent area mgmt: % Bare 25% Adjacent Area Diversity & Structure :% Native 10% adjacent area diversity: % Mixed 65% adjacent area diversity :% Sparse/lnv ./Exotic 25% Adjacent Area Slope : % Gentle 55% adjacent area slope: % Moderate 35% adjacent area slope : % Steep 10% Downstream sensitivity/WQ protection b Nutrient loading b Shoreline wetland? n Rooted shoreline vegetation (%cover ) Wetland in-water width (in feet, average) Emerg n vegetation erosion resistance I ,,,, Shoreline erosion potential .).) 34 Bank p_rotection /upslope veg. I 35 Rare Wildlife n J6 Scarce/Rare/SI l S2 local comm unit)'. n I 37 Vegetation interspersion cover (see diagram I) 1 38 Communi!)'. intersp_ersion (see diagram 2) 1 I 39 Wetland detritus n/a 40 Wetland intersoersion on landscaoe b I 41 Wildlife barriers b 42 Amohibian breeding P.Otential-h)'drooeriod a I 43 Amphibian breeding potential--fish presence b 44 Amohibian & reptile overwintering habitat C I 45 Wildlife species (list) 46 Fish.habitat .auality a I 47 Fish species (list) 48 Unioue/rare educ./cultural/rec.onnortunitY. n I 49 Wetland visibility C 50 Proximitv to QQP.ulation n I 51 Public ownership C 52 Public access C I 53 Human influence on wetland b ',.:1 Human influence on viewshed b I 55 Spatial buffer b 56 Recreational activitv. potential C 57 Commercial crop--hydrologic impact n/a -------------------------------------------------------------------- 58 GW -Wetland soils r 59 GW -Subwatershed land use d 60 GW -Wetland size and soil group r 61 GW -Wetland hydroQerinrl d 62 GW -Inlet/Outlet configuration d U) 63 ___ GW-Surrounding ue)and_topograpjlic relief ________ d C ----___ ..,., .... 0 64 Restoration potential w/o flooding .:; = 65 Lanrlriwn,:m: affected by_ restoration. ::::, 66A Existing wetland size (acres) [from #10] 0 .04 O" ci 668 Total wetland restoration size < ::ir.rA!::) C 66C (Calculated) Potential New Wetland Area [B-AJ -0.04 0 ,_ .:; 67 Average width of naturalized upland buffer =a <12otential) 0 "C c( 68 Likelihood of restoration success 69 H~droloaic alteration t~P.e 70 Potential wetland ty_Re (Circ . 39) 71 Wetland sensitivity to storrnwater 72 Additional stormwater treatment needs ( t:lJI >. = ... ·-C .... t:lJI -t:lJI ~ ~ ~ = a: .... ~ = ·= u ·-~ Function Name i;.. a: Vegetative Diversity/Integrity 0 .10 L 1/) Hydrology -Characteristic 0.40 Med Cl) ·c:: cu Flood Attenuation 0 .3 6 Med E E Water Quality--Downstream 0 .4 7 Med :::s C/J C, Water Quality--Wetland C 0 .29 Low :.:; cu 0: Shoreline Protection NIA NIA 'ii C 0 Characteristic Wildlife Habitat Structure 0 .28 Low :.:; u C :::s Maintenance of Characteristic Fish Habitat 0.55 Med u. Maintenance of Characteristic Amphibian Habitat 0 .18 Low Aesthetics/Recreation/Education/Cultural 0 .25 Low Commercial use NIA NIA Special Features listing : Groundwater Functional Index Restoration Potential (draft formula #VALUE! Stormwater Sensitivity (not active) ( 2335 Highway 36 W St. Paul , MN 55113 Tel 651-636 -4600 Fax 651-636 -1311 www.bonestroo .com October 19, 2009 #eonestroo Ms. Melanie Curtis Planning and Zoning Coord i nator City of Orono Post Office Box 66 Crystal Bay , MN 55323 Re : 3382 Bayside Road File No. 000139-09000-1 File No. 09-3428 Dear Melanie: We have reviewed the plans for the proposed new home construction at 3382 Bayside Road. The grading plans are dated 10-12-09. We have the following comments with regards to engineering matters: • The proposed retaining wall is shown as 4.0 feet in height. If field changes increase the height, eng i neering design and details must be submitted for review and approval. • We have received confirmation from the DNR that this creek is not under their juristiction and no DNR permit is required for the bridge. However, the bridge work may also require permits from USACE and MCWD. We recommend that the applicant provide evidence that these permits have been obtained or that they are not needed . • Please see John Smyth's memo dated 10-19 -09 for further comments on the wetland and wetland buffer. • This project will disturb more than 100 CY of material. Sediment and erosion control information meeting the requirements of Orono's City Code 79-7(c)(2) must be submitted. The minimum $2000 sediment and erosion control financial security should be required of the applicant for this permit. If you have any questions, please call me at (651) 604 -4894. Yours very truly, Darren Amundsen cc: Tom Kellogg John Smyth Memorandum To : Melanie Curtis Project: 3382 Bayside Drive Date : 10/19/09 From : John Smyth Client: City or Orono Re : Wetland Buffer Ordinance File No : 139-09000 Remarks: This project involves the construction of a new home at 3382 Bayside Drive. Due to it being a new structure with grading the proposed project is subject to the City Wetland Ordinance. Per the filled out MNRAM provided by the applicant this wetland is classified as a Manage 3 basin which requires a 16.5 foot buffer and 20 foot setback from the buffer. Buffer Condition and Requirements A site evaluation was completed in October 2009 and it was determined that a portion of the buffer is currently turf grass and contains buckthorn. Per Div. 3 Sec. 78-1605 (2) (a) turf grass and buckthorn is considered an undesirable plant species and will need to be removed and replaced with native vegetation . The applicant has submitted a proposed landscaping plan . With some additional information the landscape plan should meet the requirements of the Wetland Ordinance. The additional information required includes: 1. Quantities and size of the plants to be installed 2. The applicant proposes to maintain the buckthorn hedge within the buffer . Buckthorn is an invasive species that is considered undesirable and is specifically listed as a species to be removed if within the buffer. There is only a small portion of the hedge within the required 16.5 foot buffer and it is recommended to replace this portion of the hedge with other species so it is in compliance with the ordinance. 3. A schedule of activities that are part of the management and maintenance (mowing invasive weeds, spot herbicide treatment of invasives, etc.) for the establishment of vegetation in the buffer shall be provided . Survey Requirements The current survey shows an area of native seeding but does not depict the wetland delineation or a line that is labeled as the buffer. The location of the wetland boundary and buffer will need to be shown on the survey along with a legal description for the upslope edge of the buffer which is required to be submitted with the Restrictions and Covenants. Restriction and Covenant for Wetland and Buffer Per Section 78-1611 of the wetland ordinance the owner shall record Restriction and Covenants over the wetland and buffer with the property chain of title . A form with the language for the Restriction and Covenants is available from the City. .fteonestroo 2335 Highway 36 W St. Paul, MN 55113 Tel 651 -636 -4600 Fax 651-636 -1311 www .bonestroo .com ( Wetland Buffer Markers Formal buffer markers are not required for the proposed activity under the Ordinance, however it is recommended that the buffer is marked by the applicant so they can be avoided during native vegetation development and for review during the vegetation establishment period (approx. 2 years). Treatment Requirements There is an expanded area of native vegetation seeded outside the required buffer between the wetland and the new proposed house. The required buffer and this proposed expansion of buffer vegetation will provide adequate treatment for the proposed use of the property. Recommendations It is recommended that if this application is approved it be with the conditions that the issues presented in this memo are addressed. An escrow amount for$ 3,000 is recommended to cover the cost of buffer development if not completed by the applicant and compliance checks. Page 2of 2 PC Exhibit J /1 2335 Highway 36 W St Paul , MN 55113 Tel 651-636-4600 Fax 651-636-1311 www.bonestroo.com October 6, 2009 ,#eonestroo Ms. Melanie Curtis Planning and Zoning Coordinator City of Orono Post Office Box 66 Crystal Bay, MN 55323 Re: 3382 Bayside Road File No. 000139-09000-1 File No. 09-3428 Dear Melanie: We have reviewed the plans for the proposed new home construction at 3382 Bayside Road. The grading plans are dated 9-25-09 and the landscaping plans are dated 9-21-09. We have the following comments with regards to engineering matters: • The proposed retaining wall is shown as 4.0 feet in height. If field changes increase the height, engineering design and details must be submitted for review and approval. • An unclassified wetland has been identified along the creek that will trigger Orono's wetland buffer ordinance and must be shown on the plans. This will require a wetland deli nation. • The wetland classification must be determined to properly apply the buffer ordinance. The applicant must use the Minnesota Routine Assessment Method (MnRAM) to classify the wetland. • The landscaping plan indicates that the existing buckthorn hedge is to remain. • The landscaping plan shows a bridge over the creek and the site plans do not. If a bridge is to be installed, detailed eng ineering design information must be submitted for review. The bridge work may also require permits from USCAE, DNR, and MCWD. We recommend that the applicant provide evidence that these permits have been obtained or that they are not needed. • This project will disturb more than 100 CY of material. Sediment and erosion control information meeting the requirements of Orono's City Code 79-7(c)(2) must be submitted. The minimum $2000 sediment and erosion control financial security should be required of the applicant for this permit. City of Orono Plot 09-3428 ( If you have any questions, please call me at (651) 604-4894 . Yours very truly, Darren Amundsen cc: Tom Kellogg John Smyth ( Page 2 October 6, 2009 ( J/~ 2335 Highway 36 W St Paul , MN 55113 Tel 651-636 -4600 Fax 651-636-1311 www .bonestroo .c om October 2, 2009 Ms. Melanie Curtis #eonestroo Planning and Zoning Coordinator City of Orono Post Office Box 66 Crystal Bay, MN 55323 Re: 3382 Bayside Road File No. 000139-09000-1 File No. 09-3428 Dear Melanie: We have reviewed the plans for the proposed new home construction at 3382 Bayside Road . The grading plans are dated 9-25-09 and the landscaping plans are dated 9-21-09. We have the following comments with regards to engineering matters: • The proposed retaining wall is shown as 4.0 feet in height. If field changes increase the height, engineering design and details must be submitted for review and approval. • A wetland delineation along the creek should be submitted for possible wetland buffer ordinance requirements. • The landscaping plan indicates that the existing buckthorn hedge is to remain. • The landscaping plan shows a bridge over the creek and the site plans do not. If a bridge is to be installed, detailed engineering design information must be submitted for review. The bridge work may also require permits from USCAE, DNR, and MCWD. We recommend that the applicant provide evidence that these permits have been obtained or that they are not needed. • This project will disturb more than 100 CY of material. Sediment and erosion control information meeting the requirements of Orono's City Code 79-7(c)(2) must be submitted. The minimum $2000 sediment and erosion control financial security should be required of the applicant for this permit. If you have any questions, please call me at (651) 604-4894. Yours very truly, Darren Amundsen Cc: Tom Kellogg JEREMY S . STEINER* WYNN CURTISS JASON T. HUTCHISON *Real Property Law Specialist, certified by the Minnesota Srate Bar Association STEINER & CURTISS, P.A. ATTORNEYS AT LAW 400 WELLS FARGO BANK BUlLDING 1011 FIRST STREET SOUTH HOPKINS , MN 55343 Writer's Direct Dial No. 952-938-6219 October 7, 2009 Melanie Curtis, Planning and Zoning Coordinator City of Orono BY EMAIL 2750 Kelley Parkway Orono, MN 55356 Re: Variance & CUP Application for3382 Bayside Road Dear Melanie: PC Exhibit K (952) 938 -7635 FAX (952) 938-7670 This letter is submitted on behalf of Michael and Marilyn Huthwaite in response to your email of October 6 requesting that the Huthwaites address certain issues identified in the October 6, 2009, letter from the City's Engineer commenting on the Huthwaites' proposed plans. The issues identified in the City Engineer's letter are to be addressed as follows: 1. It is not anticipated that the proposed retaining wall will exceed four feet in height. If it does, the Huthwaites acknowledge it will be necessary to comply with the requirements of the City's ordinances regarding the design and construction of the retaining wall. 2 . The Huthwaites are in the process ofretaining a consultant to delineate and classify the "unclassified wetland" referred to in the City Engineer's letter. We expect to have the wetland delineation and classification completed, have the survey revised to show the boundaries of the wetlands and deliver those documents to you by October 12. 3. As we discussed when I called you on Monday, the Huthwaites plan to keep the existing buckthom hedge in place. This is an attractive, mature hedge providing screening that benefits both the subject property and surrounding properties. It is important to the Huthwaites that the hedge not be removed. The landscape architect has advised us that the type of buckthom in this hedge is a nursery stock variety, not wild buckthom. The Huthwaites are obtaining a letter from the landscape architect describing the hedge and the reasons it should not be removed. That letter will be delivered to you by October 12. 4 . The Huthwaites would like to construct the proposed foot bridge shown on the plans in order to be able to access the southerly portion of the subject property, which is separated from the rest of the property by Stubb's Bay Creek. They acknowledge that, if they do construct the proposed bridge, they Huthwaite/C urtisLtr3 Melanie Curtis, Planning and Zoning Coordinator October 7, 2009 Page2 will need to comply with applicable regulations of all governmental agencies havingjurisdiction over the bridge construction and that they must provide evidence they have obtained all necessary permits before proceeding with construction of the foot bridge. 5. The Huthwaites also acknowledge that they must comply with the sediment and erosion control requirements of the Orono City Code of Ordinances . Please call me if you have questions or if this letter does not adequately address the issues identified in the October 6 letter from the City Engineer. JSS/gmw cc (via email): Michael and Marilyn Huthwaite Mark Gronberg Rick Hendel Huthwaite/CurtisLtr3 Sincerely, t:::I, g1 __ October 9, 2009 Natural Visions Landscape Design, Inc. Mark A. Hauri 400 N. Robert St. Suite 250 St. Paul, MN 55101 NATURAL V i S iO N S lA t"'DSCAPE OE.SIGN RE: COLUMNAR BUCKTHORN HEDGE AT 3382 BAYSIDE RD. City of Orono PC fxl°'ibit L /1 RE CEIVE D OCT 1 2 2009 CITY OF ORONO We are recommending that the existing hedge around the property at 3382 Bayside Road not be removed. The existing hedge plant material is Columnar Buckthorn. It was planted for screening from Bayside and Crestview Road and is manicured multiple times per year to maintain its shape and height to provide excellent screening for the property. Replacing this hedge with new plant materials would be very costly and it would take years to grow to a comparable size and density. Columnar Buckthorn was an ornamental plant that was sold in Minnesota and is still sold in other areas of the country as such and in the late 1980s and early 1990s many companies installed this form of buckthorn for hedges like this one. Although Columnar Buckthorn still produces some fruit and will spread via the root system (especially when cut down), it tends to produce less fruit than Common Buckthorn especially when multiple trimmings are done to it throughout a growing season ; as it is at this site. Furthermore, used as a screening hedge like this application, it is and will be maintained on both sides with lawn maintenance and gardening. This will stop any spread of new shoots from the roots, as demonstrated by the fact the Columnar Buckthorn used for this hedge has not spread even though the hedge has been in place for many years. Please review the attached pictures of the hedge on site. Sincerely, ~Jc"L- Mark A. Hauri Principal Designer and Founder ( L/ lO L-/7 (936.~ ' '-' '-'- LAKE 0 ' '-'- "< \ \ \ \ \ (9J6.,!!) \ \ \ \ \ N ~4'.9) \ \ \ \ \ \' "..) I i(:'. \ ~{..4 '.)\ n STREET---e" Pvc SANITA RY SE wR l~u, EXISTING HOUSE #3390 ··~ ..... \ 1 ,•::~: SE WER STUB -PER~IT cPtLANS '1 0 <.I' .,,"b,,... "-:<>,. ~ --e-...... ...... ___ 94-4-----............ // 125.25 9.VSIOE A~'-...... s 89°43' 36 '}/ E 124.89 M(ASURED ··········>::--- / ~ '-' ' ~--------=--~=-~------"'!""--------·..;, .. (9~6) / //' ~42 ···· . .\ _::;, .,,/·~ ~ \\ .. / ,.,,, ............ " I"' ... (/) ............. (944 .9) ............ ...... ...... ,, (9'4 1.9) ~In I MANHOLE -...... \ ....... .·,, ·--fg~~~~1i~~ .. • .. · ' I I I ) --- ~ M U) ~ M ~ > <,(939.2) M z ~ e ~ l> trj ; ;o -< V1 r, "' ;o i I "9J9.J) -0 (") m >< -:r c' ~ 3: October 5, 2009 City of Orono P.O. Box 66 Crystal Bay, MN 55323-0066 Attn: Orono Planning Commission ( After reviewing a proposed plan for the construction of a new residence for Michael and Marilyn Huthwaite at 3382 Bayside Road, and being the personal representative for the estate of Esther M. Addison and adjoining neighbor at 3390 Bayside Road, I have no objection to the project. Sincerely, ~~t~ Barbara J. Huber PC Exhibit N ( Melanie Curtis Planning and Zoning Coordinator City of Orono 2750 Kelley Parkway Orono, MN 55356 /,2/ ID , 2009 ' , Re: Variance Request For Property at 3382 Bayside Road Land Use Application No. 09-3428 Dear Ms. Curtis: I have had the opportunity to review the plans filed by Michael and Marilyn Huthwaite with the City of Orono in support of their application for variances to allow the construction of a new · single family residence at 3382 Bayside Road. I am submitting this letter to advise the City of Orono thatl have reviewed the Huthwaites' improvement plans for this property, do not object to them or to the construction of the new single family residence and other improvements shown in those plans; I am aware that construction of the single family residence and other improvements shown in the plans requires City Council approval. Dated Huthwaite\Propertyownerletter H Hennepin County Mailing Label Map Provided By: Taxpayer Services Department I 11~,I (141 1 ·U ) _l __ _ I~) OS-117-23-13 (3SJ OS-117-23-42 For more information contact: Hennepin County GIS Division 300 South 6th Street Minneapolis, MN 55487 gis .info@co.hennepin.mn. us Map Comments: -Type Comments Here - 1211 I ) 11-I ; ) 0 ,- OS-117-13-·U .....__ -----.....__ Print Date: 9/25/2009 Map Scale: 1" = 145' Buffer Size: 350 feet PC Exhibit 0 J I ,1 ,, [ll)J I) w ~ ~ 5 ... ... 0: u __ , __ ( I OS -1 17-23-14 < ) * I ~ d Map Legend : Wate.- Parlc Parcel I / D Buffo.-Retion Selected Pa.-cels .#IW r"•• (17 1 -Majo.-Roads Mino.-Roads ;··NI~ ., cipi)e.ed ., ' .. RECEIVED ~t:J' 2 8 20lJ~ CITY OF ORONO RUN DATE: 9/25 /2009 38 05-11 7-23130012 BLAIR MILESKI & APRIL NEWTON 3420 BAYSIDE RO BLAIR MILESKI & APRIL NEWTON 3420 BAYSIDE RD LONG LAKE MN 55356 38 05-117-23 13 0032 TROY KENNEDY 3405 EASTLAKE ST TROY KE NNE DY 3405 EASTLAKE ST LONG LAKE MN 55356 38 05-117-23 13 0042 M &N HUNSLEY 3464 EASTLAKE ST MARK A HUNSLEY 3464 E LAKE ST LONG LAKE MN 55356 38 05-117-23 13 0046 MARK W ERHARD ETAL 38 ADDRESS UNASSIGNED MARK W ERHARD 38 05-117-23 14 0030 REGINA ENGEBRITSON 315 C RESTVIEW A VE REGINA ENGEBRITSON 3 15 CRESTVIEW A VE LONG LAKE MN 55356 38 05-117-23 14 0034 ESTHER MADDISON 38 ADDRESS UNASSIGNED MRS AL ADDISON 3382 BAYSIDE RD LONG LAKE MN 55356 38 05-117-23 14 0037 ESTHER MADDISON 38 ADDRESS UNASSIGNED MRS AL ADDISON 3382 BAYSIDE RD LO NG LAKE MN 55356 PC Exhibit P HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM (PROPERTY OWNERS LIST) 38 05-117-23 13 0029 ESTHER M ADDISON 38 ADDRESS UNASSIGNED ESTHER M ADDISON 3382 BAYSIDE RD LONG LAKE MN 55356 38 05-117-23 13 0035 REBECCA LYNN HOLZEM 3407 EASTLAKE ST REBECCA LYNN HOLZEM 3407 EASTLAKE ST LONG LAKE MN 55356 38 05-117-23 13 0043 MARK W ERHARD/LISA N ERHARD 3444 EASTLAKE ST MARK W ERHARD 3444 LAKE STE LONG LAKE MN 55356 38 05-117-23 13 0052 TROY KENNEDY 3415 EASTLAKE ST TROY KENNEDY 3415 EASTLAKE ST LONG LAKE MN 55356 38 05-117-23 140031 WENDY SULLIVAN 325 CRESTVIEW A VE WENDY SULLIVAN 325 CRESTVIEW A VE LONG LAKE MN 55356 38 05-117 -23 14 0035 A L ADDISON ET AL 3382 BAYSIDE RD MRS A L ADDISON 3382 BA YSIOE RD LONG LAKE MN 55356 38 05-117-23 14 0039 PATRICKJ SKEIE 340 TONKA A VE PATRICKJ SKEIE 5710 NORTH ARM OR MOUND MN 55364 38 05-117-23 13 0030 D & S ESTE RS 3400 BA YSIOE RD DANIEL & SANORA ESTERS 3400 BA YSIOE RO LONG LAKE MN 55356 38 05-117-23 13 0036 ELENA OVSY ANNIKOV A 3409 EASTLAKE ST ELENA OVSY ANNIKOV A 3409 EASTLAKE ST LONG LAKE MN 55356 38 05-117-23 13 0044 TE RADKE & MA RADKE 3424 EASTLAKE ST THOMAS E & MARGARET A RADKE 3424 EASTLAKE ST LONG LAKE MN 55356 38 05-117-23 14 0008 J W WOJCIK & K L WOJCIK 3310 BAYSIDE RD JOHN W WOJCIK & KIT L WOJCIK 3310 BAYSIDE RD LAKE LAKE MN 55356 38 05 -11 7-23 14 0033 BERT L ADDISON ETAL 38 ADDRESS UNASSIGNED MRS AL ADDISON 3382 BA YSIOE RO LONG LAKE MN 55356 38 05-1 17-23 14 0036 ESTHER M ADDISON 38 ADDRESS UNASSIGNED MRS AL ADDISON 3382 BAYSIDE RD LONG LAKE MN 55356 38 05-1 17-23 14 0043 THOMAS R BETZ 300 CRESTVIEW A VE THOMAS R BETZ 300 CRESTVIEW A VE LONG LAKE MN 55356 RECEIVED SEP 2 8 ZOU~ CITY OF ORONO RUN DATE: 9/25/2009 38 05-117-23 14 0052 BARBARA JOANNE HUBER 3390 BAYSIDE RD BARBARA JOANNE HUBER 3390 BAYSIDE RD LONG LAKE MN 55356 38 05-117-23 14 0058 SUE P WHITNEY 3300 BAYSIDE RD SUE P WHITNEY 3300 BAYSIDE RD LONG LAKE MN 55356 38 05-117-23 14 0062 M J EDMONDS & SA M EDMONDS 330 TONKA A VE MICHAEL J EDMONDS 330 TONKA AVE LONG LAKE MN 55356 38 05-11 7-23 41 0016 TL ANDERSON & D R ANDERSON 400 OXFORD RD DA YID & T LINDSAY ANDERSON 400 OXFORD RD LONG LAKE MN 55356 AS lT APPEARS THIS DA TE ON THE R DATE: SEP Z 5 2009 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM (PROPERTY OWNERS LIST) 38 05-117-23 14 0056 J F LEHMEYER & TL LEHMEYER 320 CRESTVIEW A VE JOHN & TRUDY LEHMEYER 320 CRESTVIEW A VE LONG LAKE MN 55356 38 05-117-23 14 0060 TROY W KENNEDY 3403 EASTLAKE ST TROY W KENNEDY 3403 EASTLAKE ST LONG LAKE MN 55356 38 05-1 17-23 14 0063 LE BAUTISTA & LJ BAUTISTA 270 CRESTVIEW A VE LEWIS E & LESLJE J BAUTISTA 270 CRESTVIEW A VE LONG LAKE MN 55356 38 05-117-23 41 0022 J H MEREDJTH& M B MEREDITH 405 OXFORD RD MARY ANN & JOHN MEREDITH 405 OXFORD RD LONG LAKE MN 55356 38 05-1 I 7-23 I 4 0057 WR STEPHENS III ET AL 350 CRESTVIEW A VE WINFIELD R STEPHENS Ill 3770 BAYSIDE RD LONG LAKE MN 55356 38 05-117-23 140061 PA & KS SKOOG 280 TONKA A VE PHILIP & KAREN SKOOG 280 TONKA A VE LONG LAKE MN 55356 38 05-1 J 7-23 J 4 0064 JEREMEY HILL 3348 BA YSJOE RD JEREMEY S HILL 3348 BAYSIDE RD LONG LAKE MN 55356 38 05-117-2 3 41 0023 JON H SCHWARTZMAN ET AL 425 OXFORD RD JON H SCHWARTZMAN 2905 FERRY ST N ANOKA MN 55303 PAGE: 2 CITY OF ORONO 2750 Kelley Parkway PO Box 66 Crystal Bay, MN 55323 952.249.4600 ZONING FILE: 09-3428 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: 20 October 2009 TO: Michael & Marilyn Huthwaite 7155 Ainsworth Drive Germantown , TN 38138-2565 COPIES: Jeremy Steiner Attorney at Law 400 Wells Fargo Bank Bldg 1011 First Street S Hopkins , MN 55343 TYPE OF REQUEST: Variances and Conditional Use Permit DATE OF MEETING: 19 October 2009 Planning Commission recommended tabling the application with the following direction: 1. The bridge or some form of stream crossing is acceptable . 2 . The CUP for stream bank stabilization was acceptable . PC Exhibit G 3 . The lot area variance was acceptable cond itioned upon comb ination of the 4 lots into one tax parcel and compliance with the wetland regulations . 4. The applicant should explore reducing the footprint of the proposed home in order to better fit inside the required setbacks ; the creek setback was cited as a priority . 5. Reduction of the garage square footage to alleviate some of the encroachment into the creek setback . 6. Inclusion of hardcover mitigation measures such as native vegetation buffers , ra in gardens , pavers, etc. VOTE: 6 FOR 0 AGAINST TO TABLE Please note: Revised plans must be submitted by November 6, 2009 at noon in order to remain on the November Planning Commission agenda. Applicant 's next scheduled meeting is confirmed as : Monday, November 161h Planning Commission Meeting Meeting starts at 6:30 pm If you desire certified copies of the official Planning Commiss ion minutes , they are available from the City Reco rder after rev iew and approval by the Plann ing Commission . If you have questions , please call Planning & Zoning Coordinator, Melanie Curtis at 952 .249.4627 . MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, October 19, 2009 6:30 o'clock p.m. 09-3405 FRANK MASSERANO, III ON BEHALF OF INTERNATIONAL MINISTE F OWSHIP, CONTINUED the Planning Commission is looking at a buffer betwe Berg suggested some additt parking lot is removed. Frank Masserano indicated he wo Schoenzeit moved, Ric conded, to recommend approval of Application 405, Frank PC Exhibit H Masserano, III, on alf of International Ministerial Fellowship, commercial si n approval and condition se permit, subject to the addition of screening/landscaping to be incor ated in ot section that is proposed to be removed. VOTE: Ayes 6, Nays 0. 3. #09-3428 MICHAEL AND MARILYN HUTHW AITE, 3382 BAYSIDE ROAD, VARIANCES AND CONDITIONAL USE PERMIT, 6:58 P.M. -8:08 P.M. Michael and Marilyn Huthwaite, Applicants, were present along with Jeremy Steiner, Attorney-at-Law, and Rick Hendel , Builder. Curtis stated the applicant is requesting a conditional use permit for grading within 75 feet of Stubbs Bay Creek to construct a replacement residence and lot area, creek setback, and hardcover variances within the 0-75 foot zone and the 75-250 foot setback zone. The property consists of four separate tax parcels under one address where a home has existed for a number of years. The subject property lies within the LR-IA zoning district, contains Stubbs Bay Creek and wetland. The redevelopment of the property has also triggered the application of the City 's wetland regulations , requiring a buffer . The combined area of the four lots is 34,400 square feet or .79 acres when the zoning district requires two acres . The existing home meets the street and side yard setback requirements . The applicants ' proposed home does not meet any yard setback requirements. They have proposed a 41.2 foot setback from Crestview, which will essentially become their front /street yard with the driveway reorientation; a 48.2 foot setback from Bayside Road is proposed where a 50-foot setback is required from both streets. They have proposed 16.9 foot to 24-foot setbacks from the side lot lines where 30 feet is required. The house would be as close as 48 feet to the creek when the shore land regulations require a 75-foot setback. The gravel driveway and attached garage on the existing home on the property were located entirely within the 75-foot creek setback. Hardcover in the 0-75 foot zone is proposed to be 11 .24 percent, reduced slightly from the existing 11.4 percent. Hardcover within the 75-250 zone jumps from an existing 11.1 percent to 33 .6 percent proposed. In addition to the proposed 3,682 square foot home and 715 square feet of proposed patio , and 2 ,018 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, October 19, 2009 6:30 o'clock p.m. #09-3428 MICHAEL AND MARILYN HUTHW AITE, CONTINUED square feet of hardcover in the driveway and courtyard , there are 3 15 square feet of proposed retaining walls and a proposed foot bridge spanning the creek. Since the earthwork will take place within the creek located within the 0-75 foot zone and exceeds I 0 cubic yards, a conditional use permit is required. The applicants are working with the MCWD on the stream bank stabilization project. The proposed bridge over Stubbs Bay Creek poses a number of issues. First, Orono Code prohibits structures within 75 feet o this protected tributary. Second, the bridge constitutes hardcover within 75 feet of the tributary, which is not allowed . Additionally, the bridge cannot be considered the equivalent of a stairway, lit, landing, or lockbox that would be allowed at the shoreline of a lake because it is not needed for access to the shore due to the presence of a bluff or steep slope. Also, the bridge would appear to function merely as an amenity to the property and does not provide necessary access to a portion of the property that is lacking accessibility because the property south of the creek can be accessed directly from the public roads in the immediate vicinity. There is also a concern that should the creek reach a level that would inundate the bridge of its underpinnings, the bridge could fail and be swept downstream and conceivably contribute to blockage of the culvert under Bayside Road , causing flooding. For all these reasons, Staff recommends that the proposed bridge not be allowed. The Planning Commission should consider the following issues: 1. Will the proposed home be compatible with the surrounding neighborhood? 2. What is the impact of the creek setback variance on hardcover? 3. How does the size of the proposed home impact location as it relates to the setback variances as well as the hardcover variances? 4. How may the hardcover impacts be offset? The applicants have proposed native plantings in conjunction with this project between the proposed home and the creek. Precedent has been set regarding approval of the requested lot area variances. The City routinely grants these types ofrequests when no other land is available for acquisition , the lot was legally created prior to adoption of the current zoning standards, and a house existing on the lot when the current zoning standards were adopted. Planning Staff recommends the following: 1. Denial of the hardcover variance and structural setback variance to allow the foot bridge. 2. Approval of the conditional use permit subject to the MCWD requirements for the stream bank stabilization and the City Engineer's recommendations. 3. Approval of the lot area variance conditioned upon the combination of the four lots into one tax parcel prior to the issuance of a building permit and compliance with the wetland buffer requirements. -----------------Page 5 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, October 19, 2009 6:30 o'clock p.m. #09-3428 MICHAEL AND MARILYN HUTHW AITE, CONTINUED 4. Denial of the proposed creek, side and street setback variances as proposed . The footprint of the proposed home should be reduced in an attempt to meet some or all of the setback requirements particularly the creek setback . 5. Approval of some level of hardcover variances as the Planning Commi s sion deems appropriate in conjunction with the following: a. Reduction or reorientation of the size of the home to reduce the hardcover within 75 feet of the creek. b. Reduction of the proposed patios and vehicle courtyard as the Planning Commission deems appropriate. I) Provision of mitigation measures including rain gardens and/or native vegetation areas between the home and the creek . 2) Patios , sidewalks , courtyard and driveway to be constructed using pavers. Jeremy Steiner, Attorney-at-Law, stated the applicants do not believe any significant changes to the footprint or orientation of the house are warranted or appropriate . Steiner stated the standards for granting a variance have been met based upon their hardship statement . Variances allow flexibility from the City 's zoning ordinances when a lot is developed prior to the adoption of certain ordinances. This lot was created in 1942 according to the city 's records. The need for the variances is that certain ordinances were adopted after the construction of the house . The current house and driveway both encroach on the creek. In addition , Stubbs Bay Creeks cuts across the south side of the property and the setbacks adopted by the City relative to the creek handicap the property owner. The applicant feels the extent of the variances and the size and orientation of the house are reasonable . The current house is 67 years old and has been abandoned for approximately the last two years . The house in its current state is a detriment to the neighborhood and a new house would be a benefit and a definite improvement. Steiner stated to his knowledge the twenty or so letters received from the neighbors do not express an y opposition and shows that this project is a benefit to the neighborhood. If the Huthwaites are not allowed to construct a reasonable home on the property, they will not be purchasing the property, and given the state of the real estate market, it is likely this property wil I remain unsold for a number of y ears. There currently is erosion and trees that are being undermined by the erosion , which will cause an issue in a couple of years. The applicants propose to improve that area, which will improve the water quality and make the area safer. Steiner stated he has been told the reorientation of the house will also help make access to the lot safer. The Huthwaites are proposing to reduce the hardcover in the area near the creek, which is also an improvement The plan has been very well thought out and is a significant benefit to the City . Rick Hendel , Builder, stated this is a difficult lot to work with and that they have attempted to design a house that would fit well on the lot and still be attractive. The dri veway is proposed to be located on the Page6 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, October 19, 2009 6:30 o'clock p.m. #09-3428 MICHAEL AND MARILYN HUTHW AITE, CONTINUED north end to stay out of the 75-foot setback and off of Bayside . The creek is not listed on the City 's wetland inventory or the Minnehaha Watershed District's wetland inventory, so they were not aware of that issue initially. The grading is designed to capture as much water and runoff as possible and away from the creek . The hardcover has been reduced in the 0-75 foot zone . The overall size of the house is less than what the Huthwaites had initially desired and located away from the neighbors as much as possible. They also are proposing to clean up the area near the creek and stabilize the slope . Kang asked whether Hendel is recommending the construction of the bridge. Hendel indicated the bridge is to provide a safe access point to the south portion of the lot . Huthwaite stated the creek cuts off the bottom right-hand side of the lot and that the bridge will give them access to that portion of the property without having to go on the roadway . Rice asked whether there was any attempt to comply with the setbacks in that area. Hendel stated they did attempt to orient the house and garage in a way to reduce the setbacks as much as possible, and that if they complied with the setbacks, they would only be allowed a one-car garage. Huthwaite stated they currently reside in Memphis and that they would like to move back to the Twin Cities. They have looked at a number of lots and feel this is a nice lot that they can construct a retirement home on. The proposed house is not a mansion but a reasonably sized home. A tremendous amount of time and money has been spent attempting to alleviate the problems with the creek as it relates to erosion and flooding. Huthwaite noted the structural coverage is approximately 10 percent. The neighbors have reviewed their plans and all have signed off on the project. The environment is being improved with this project and will also improve the tax base of the City. Huthwaite stated they would like the bridge for access to that portion of the lot and that they are willing to work with the appropriate authorities to construct something that would be approved. Kang asked whether Staff would like to see pervious pavers. Curtis stated she just specified pavers. Huthwaite indicated to his knowledge pervious pavers are more expensive but that he would be willing to entertain using pervious pavers on the patio. Steiner stated pervious pavers on the driveway would not be practical given Minnesota 's winters . Chair Kang opened the public hearing at 7:35 p.m. There were no public comments regarding this application. Chair Kang closed the public hearing at 7:35 p.m. Page7 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, October 19, 2009 6:30 o'clock p.m. #09-3428 MICHAEL AND MARILYN HUTHW AITE, CONTINUED Schoenzeit asked if the Minnehaha Watershed District or the governing authority would allow the property owners to extend a culvert and put some dirt in there in order to access that portion of the property. Curtis stated she does not know what the most acceptable method of access would be and that would need to be pursued with the Minnehaha Watershed District . Huthwaite stated they did look at relocating the access to that area and installing a culvert but that they would prefer a bridge. Kang stated she I ikes the driveway off of Crestview and that she would I ike to see less encroachment to the setback from the creek. Huthwaite stated they did look at reducing the encroachment and that the house is angled at different areas to help alleviate the hardcover. Huthwaite indicated they could possibly reduce the width of the garage slightly as well as the courtyard parking area. Kang indicated she would prefer the encroachment be reduced. Hendel stated it is difficult to reduce the driveway any further if they want to accommodate vehicles being able to back in and out. Steiner pointed out the Huthwaites are doing a great deal to help improve the creek area . Berg asked what the square footage of the house is. Hendel stated it is approximately 2800 square feet and the garage is approximately 850 square feet. The lower level consists of 2450 square feet but will likely not all be finished. Huthwaite pointed out the 2800 square feet includes a master bedroom on the main level and that there is no second floor. Berg indicated she has a concern as it relates to the size of the house and the close proximity to the creek. Leskinen stated she also has a concern with the size of the house. Berg noted the City does not always grant variances and that the Planning Commission needs to look at the ordinances for this lot as they exist today since this is considered new construction. Schoenzeit stated this project is an improvement from what currently exists and that the lot has unique features which would be classified as a hardship. Rice stated the Planning Commission asks that the home fit the lot and that in her view the house could be reduced further to comply with the setback requirements. Kang commented the City of Orono places a high priority on water quality and hardcover . Page8 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, October 19, 2009 6:30 o'clock p.m. #09-3428 MICHAEL AND MARILYN HUTHW AITE, CONTINUED Schwingler stated the Planning Commission is a recommending body and that the City Council can override the recommendation of the Planning Commission. Schwingler noted this is a difficult lot and that it is a definite improvement over what currently exists. Schwingler stated he is in agreement that some type of access is needed to that portion of the lot but that he has a concern with the amount of hardcover in the 0-75 foot zone. Kang stated the Planning Commission would like to see more of the setbacks complied with and that the size of the house should be reduced. Berg noted there are two patios that are of good size. Hendel stated they did design a house that is below the 15 percent structural coverage limit and that they can look at the size of the patios. Hendel stated they feel this is probably the best solution. Kang asked whether they are willing to reduce the size of the house. Hendel asked how much they would like to see the house reduced by. Kang stated they would like to see more of the setbacks complied with . Steiner indicated it is possible to construct a house that complies with the majority of the setbacks but that they would not be able to comply with the 75-foot setback from the creek. Huthwaite noted this is a Manage 3 wetland, which is the lowest class of wetland, and that in order to comply with the setbacks, they have had to angle the house. Huthwaite noted they are at IO percent structural coverage and that it is difficult to design a house to meet the setbacks given the setback to the creek. Berg commented the applicants need to design a house that will fit on the lot as best as they can. Curtis noted the garage is located entirely within the 75-foot setback. Hendel stated if the garage is located on the other side, it would eliminate the well and be within three feet of the neighbor's lot. If the driveway is reduced any further, it would make it impossible to maneuver a car in and out. If the house is located closer to the neighbor, it would also add more driveway. Steiner stated the creek is a natural feature on the property but creates a problem with the 75-foot setback. Kang asked if the applicant would like his application tabled or voted on tonight. Kang recommended the hardcover be reduced in the area near the creek. Steiner stated it is impossible to reduce all of the hardcover in the 0-75 foot zone but that they are willing to continue to talk to Staff. Schoenzeit concurred that this lot does have some hardships. ------------------Page 9 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, October 19, 2009 6:30 o'clock p.m. #09-3428 MICHAEL AND MARILYN HUTHW AITE, CONTINUED Berg stated in her view the house should be reduced and that perhaps the applicants should consider constructing a second story with an elevator. Berg indicated she does not have an issue with the bridge. Curtis indicated it is Staffs recommendation that the bridge be denied and that she would like clear direction on each of Staffs recommendations contained in the report. It was the consensus of the Planning Commission that the bridge is not an issue. It was the consensus of the Planning Commission that a conditional use permit is required. It was the consensus of the Planning Commission that the lots be combined . Huthwaite indicated they will be combining the lots. It was the consensus of the Planning Commission that the size of the home be reduced and/or setbacks be more conforming. Hendel stated they have looked at a number of options for reducing the encroachments and that they are limited in what they can do. Leskinen noted the applicant did indicate he was willing to reduce the size of the garage slightly. Kang noted the Planning Commission did discuss reducing the patios and reducing the amount of hardcover in the area near the creek. Schoenzeit moved, Schwingler seconded, to table Application #09-3428, Michael and Marilyn Huthwaite, 3382 Bayside Road. VOTE: Ayes 6, Nays 0. #09-3429 KAREN FEYO, MARK FULLER & STACY NAKA YA, 4055 ELM STREET, r1Jl'II~ CE RENEW AL Berg moved, · en seconded, to recommend approval of Application #09-342 aren Feyo, Mark Fuller, and Sta kaya, 4055 Elm Street, granting renewal of lot w· and area variances. VOTE: Ayes 5, Nays 0. *5. Berg moved, Leskinen seconded, t commend approval of App 1 · n #09-3430, W JM Properties, LLC, 2605 Way oulevard, granting renewal of an indu : Ayes 5, Nays 0. (Tess Rice leaves the meeting at 8:09 P.M.) Page 10 3. #09-3428 MICHAEL AND MARILYN HUTHW AITE, 3382 BAYSIDE ROAD, VARIANCES AND CONDITIONAL USE PERMIT, 6:58 P.M. -8:08 P.M. Michael and Marilyn Huthwaite, Applicants, were present along with Jeremy Steiner, Attorney-at-Law, and Rick Hendel , Builder. Curtis stated the applicant is requesting a conditional use permit for grading within 75 feet of Stubbs Bay Creek to construct a replacement residence and lot area, creek setback, and hardcover variances within the 0-75 foot zone and the 75-250 foot setback zone. The property consists of four separate tax parcels under one address where a home has existed for a number of years. The subject property lies within the LR-IA zoning district, contains Stubbs Bay Creek and wetland. The redevelopment of the property has also triggered the application of the City's wetland regulations, requiring a buffer. The combined area of the four lots is 34,400 square feet or .79 acres when the zoning district requires two acres. The existing home meets the street and side yard setback requirements . The applicants' proposed home does not meet any yard setback requirements. They have proposed a 41.2 foot setback from Crestview, which will essentially become their front/street yard with the driveway reorientation; a 48 .2 foot setback from Bayside Road is proposed where a SO-foot setback is required from both streets . They have proposed 16 .9 foot to 24-foot setbacks from the side lot lines where 30 feet is required. The house would be as close as 48 feet to the creek when the shore land regulations require a 75-foot setback. The gravel driveway and attached garage on the existing home on the property were located entirely within the 75-foot creek setback. Hardcover in the 0-75 foot zone is proposed to be 11.24 percent, reduced slightly from the existing 11.4 percent. Hardcover within the 75-250 zone jumps from an existing 11 .1 percent to 33.6 percent proposed. In addition to the proposed 3 ,682 square foot home and 715 square feet of proposed patio, and 2 ,018 #09-3428 MICHAEL AND MARILYN HUTHW AITE, CONTINUED square feet of hardcover in the driveway and courtyard, there are 315 square feet of proposed retaining walls and a proposed foot bridge spanning the creek . Since the earthwork will take place within the creek located within the 0-75 foot zone and exceeds 10 cubic yards , a conditional use permit is required. The applicants are working with the MCWD on the stream bank stabilization project. The proposed bridge over Stubbs Bay Creek poses a number of issues. First, Orono Code prohibits structures within 75 feet o this protected tributary. Second, the bridge constitutes hardcover within 75 feet of the tributary, which is not allowed . Additionally, the bridge cannot be considered the equivalent of a stairway, lit, landing, or lockbox that would be allowed at the shoreline of a lake because it is not needed for access to the shore due to the presence of a bluff or steep slope. Also , the bridge would appear to function merely as an amenity to the property and does not provide necessary access to a portion of the property that is lacking accessibility because the property south of the creek can be accessed directly from the public roads in the immediate vicinity. There is also a concern that should the creek reach a level that would inundate the bridge of its underpinnings, the bridge could fail and be swept downstream and conceivably contribute to blockage of the culvert under Bayside Road , causing flooding. For all these reasons , Staff recommends that the proposed bridge not be allowed. The Planning Commission should consider the following issues : 1. Will the proposed home be compatible with the surrounding neighborhood ? 2. What is the impact of the creek setback variance on hardcover? 3 . How does the size of the proposed home impact location as it relates to the setback variances as well as the hardcover variances? 4. How may the hardcover impacts be offset? The applicants have proposed native plantings in conjunction with this project between the proposed home and the creek. Precedent has been set regarding approval of the requested lot area variances . The City routinely grants these types of requests when no other land is available for acquisition, the lot was legally created prior to adoption of the current zoning standards, and a house existing on the lot when the current zoning standards were adopted . Planning Staff recommends the following : I. Denial of the hardcover variance and structural setback variance to allow the foot bridge. 2. Approval of the conditional use permit subject to the MCWD requirements for the stream bank stabilization and the City Engineer's recommendations. 3. Approval of the lot area variance conditioned upon the combination of the four lots into one tax parcel prior to the issuance of a building permit and compliance with the wetland buffer requirements. #09-3428 MICHAEL AND MARILYN HUTHW AITE, CONTINUED 4. Denial of the proposed creek, side and street setback variances as proposed. The footprint of the proposed home should be reduced in an attempt to meet some or all of the setback requirements particularly the creek setback. 5. Approval of some level of hardcover variances as the Planning Commission deems appropriate in conjunction with the following: a. Reduction or reorientation of the size of the home to reduce the hardcover within 75 feet of the creek . b. Reduction of the proposed patios and vehicle courtyard as the Planning Commission deems appropriate. I) Provision of mitigation measures including rain gardens and/or native vegetation areas between the home and the creek. 2) Patios, sidewalks , courtyard and driveway to be constructed using pavers. Jeremy Steiner, Attorney-at-Law, stated the applicants do not believe any significant changes to the footprint or orientation of the house are warranted or appropriate. Steiner stated the standards for granting a variance have been met based upon their hardship statement. Variances allow flexibility from the City 's zoning ordinances when a lot is developed prior to the adoption of certain ordinances. This lot was created in 1942 according to the city 's records . The need for the variances is that certain ordinances were adopted after the construction of the house. The current house and driveway both encroach on the creek. In addition , Stubbs Bay Creeks cuts across the south side of the property and the setbacks adopted by the City relative to the creek handicap the property owner. The applicant feels the extent of the variances and the size and orientation of the house are reasonable. The current house is 67 years old and has been abandoned for approximately the last two years. The house in its current state is a detriment to the neighborhood and a new house would be a benefit and a definite improvement. Steiner stated to his knowledge the twenty or so letters received from the neighbors do not express any opposition and shows that this project is a benefit to the neighborhood. If the Huthwaites are not allowed to construct a reasonable home on the property, they will not be purchasing the property, and given the state of the real estate market, it is likely this property will remain unsold for a number of years . There currently is erosion and trees that are being undermined by the erosion , which will cause an issue in a couple of years . The applicants propose to improve that area, which will improve the water quality and make the area safer. Steiner stated he has been told the reorientation of the house will also help make access to the lot safer. The Huthwaites are proposing to reduce the hardcover in the area near the creek, which is also an improvement The plan has been very well thought out and is a significant benefit to the City. Rick Hendel , Builder, stated this is a difficult lot to work with and that they have attempted to design a house that would fit well on the lot and still be attractive . The driveway is proposed to be located on the #09-3428 MICHAEL AND MARILYN HUTHW AITE, CONTINUED north end to stay out of the 75-foot setback and off of Bayside. The creek is not listed on the City's wetland inventory or the Minnehaha Watershed District 's wetland inventory, so they were not aware of that issue initially. The grading is designed to capture as much water and runoff as possible and away from the creek. The hardcover has been reduced in the 0-75 foot zone . The overall size of the house is less than what the Huthwaites had initially desired and located away from the neighbors as much as possible . They also are proposing to clean up the area near the creek and stabilize the slope. Kang asked whether Hendel is recommending the construction of the bridge. Hendel indicated the bridge is to provide a safe access point to the south portion of the lot. Huthwaite stated the creek cuts off the bottom right-hand side of the lot and that the bridge will give them access to that portion of the property without having to go on the roadway. Rice asked whether there was any attempt to comply with the setbacks in that area. Hendel stated they did attempt to orient the house and garage in a way to reduce the setbacks as much as possible , and that if they complied with the setbacks, they would only be allowed a one-car garage. Huthwaite stated they currently reside in Memphis and that they would like to move back to the Twin Cities. They have looked at a number of lots and feel this is a nice lot that they can construct a retirement home on . The proposed house is not a mansion but a reasonably sized home. A tremendous amount of time and money has been spent attempting to alleviate the problems with the creek as it relates to erosion and flooding. Huthwaite noted the structural coverage is approximately 10 percent. The neighbors have reviewed their plans and all have signed off on the project. The environment is being improved with this project and will also improve the tax base of the City. Huthwaite stated they would like the bridge for access to that portion of the lot and that they are willing to work with the appropriate authorities to construct something that would be approved . Kang asked whether Staff would like to see pervious pavers. Curtis stated she just specified pavers . Huthwaite indicated to his knowledge pervious pavers are more expensive but that he would be willing to entertain using pervious pavers on the patio . Steiner stated pervious pavers on the driveway would not be practical given Minnesota's winters. Chair Kang opened the public hearing at 7:35 p.m. There were no public comments regarding this application. Chair Kang closed the public hearing at 7:35 p.m. #09-3428 MICHAEL AND MARILYN HUTHW AITE, CONTINUED Schoenzeit asked if the Minnehaha Watershed District or the governing authority would allow the property owners to extend a culvert and put some dirt in there in order to access that portion of the property. Curtis stated she does not know what the most acceptable method of access would be and that would need to be pursued with the Minnehaha Watershed District. Huthwaite stated they did look at relocating the access to that area and installing a culvert but that they would prefer a bridge . Kang stated she likes the driveway off of Crestview and that she would like to see less encroachment to the setback from the creek. Huthwaite stated they did look at reducing the encroachment and that the house is angled at different areas to help alleviate the hardcover. Huthwaite indicated they could possibly reduce the width of the garage slightly as well as the courtyard parking area. Kang indicated she would prefer the encroachment be reduced. Hendel stated it is difficult to reduce the driveway any further if they want to accommodate vehicles being able to back in and out. Steiner pointed out the Huthwaites are doing a great deal to help improve the creek area. Berg asked what the square footage of the house is. Hendel stated it is approximately 2800 square feet and the garage is approximately 850 square feet. The lower level consists of 2450 square feet but will likely not all be finished . Huthwaite pointed out the 2800 square feet includes a master bedroom on the main level and that there is no second floor. Berg indicated she has a concern as it relates to the size of the house and the close proximity to the creek. Leskinen stated she also has a concern with the size of the house . Berg noted the City does not always grant variances and that the Planning Commission needs to look at the ordinances for this lot as they exist today since this is considered new construction. Schoenzeit stated this project is an improvement from what currently exists and that the lot has unique features which would be classified as a hardship. Rice stated the Planning Commission asks that the home fit the lot and that in her view the house could be reduced further to comply with the setback requirements. Kang commented the City of Orono places a high priority on water quality and hardcover. #09-3428 MICHAEL AND MARILYN HUTHW AITE, CONTINUED Schwingler stated the Planning Commission is a recommending body and that the City Council can override the recommendation of the Planning Commission. Schwingler noted this is a difficult lot and that it is a definite improvement over what currently exists. Schwingler stated he is in agreement that some type of access is needed to that portion of the lot but that he has a concern with the amount of hardcover in the 0-75 foot zone. Kang stated the Planning Commission would like to see more of the setbacks complied with and that the size of the house should be reduced . Berg noted there are two patios that are of good size. Hendel stated they did design a house that is below the 15 percent structural coverage limit and that they can look at the size of the patios. Hendel stated they feel this is probably the best solution . Kang asked whether they are willing to reduce the size of the house. Hendel asked how much they would like to see the house reduced by. Kang stated they would like to see more of the setbacks complied with. Steiner indicated it is possible to construct a house that complies with the majority of the setbacks but that they would not be able to comply with the 75-foot setback from the creek. Huthwaite noted this is a Manage 3 wetland , which is the lowest class of wetland , and that in order to comply with the setbacks , they have had to angle the house. Huthwaite noted they are at IO percent structural coverage and that it is difficult to design a house to meet the setbacks given the setback to the creek. Berg commented the applicants need to design a house that will fit on the lot as best as they can. Curtis noted the garage is located entirely within the 75-foot setback. Hendel stated if the garage is located on the other side, it would eliminate the well and be within three feet of the neighbor 's lot. If the driveway is reduced any further , it would make it impossible to maneuver a car in and out. If the house is located closer to the neighbor, it would also add more driveway . Steiner stated the creek is a natural feature on the property but creates a problem with the 75-foot setback. Kang asked if the applicant would like his application tabled or voted on tonight. Kang recommended the hardcover be reduced in the area near the creek. Steiner stated it is impossible to reduce all of the hardcover in the 0-75 foot zone but that they are willing to continue to talk to Staff. Schoenzeit concurred that this lot does have some hardships. #09 -3428 MICHAEL AND MARILYN HUTHW AITE, CONTINUED Berg stated in her view the house should be reduced and that perhaps the applicants should consider constructing a second story with an elevator. Berg indicated she does not have an issue with the bridge . Curtis indicated it is Staffs recommendation that the bridge be denied and that she would like clear direction on each of Staffs recommendations contained in the report. It was the consensus of the Planning Commission that the bridge is not an issue. lt was the consensus of the Planning Commission that a conditional use permit is required . It was the consensus of the Planning Commission that the lots be combined . Huthwaite indicated they will be combining the lots. It was the consensus of the Planning Commission that the size of the home be reduced and /or setbacks be more conforming. Hendel stated they have looked at a number of options for reducing the encroachments and that they are limited in what they can do . Leskinen noted the applicant did indicate he was willing to reduce the size of the garage slightly . Kang noted the Planning Commission did discuss reducing the patios and reducing the amount of hardcover in the area near the creek. Schoenzeit moved, Schwingler seconded, to table Application #09-3428, Michael and Marilyn Huthwaite, 3382 Bayside Road. VOTE: Ayes 6, Nays 0. 3. #09-3428 MICHAEL AND MARILYN HUTHW AITE, 3382 BAYSIDE ROAD, VARIANCES, 6:59 P.M. -7:35 P.M. Michael and Marilyn Huthwaite, Applicants, were present along with Jeremy Steiner, Attorney-at-Law, and Rick Hendel , Builder. Curtis noted this application was tabled at the October Planning Commission meeting. The applicant originally was requesting a conditional use permit for grading within 75 feet of Stubbs Bay Creek as well as lot area, creek setback, and hardcover within the 0-75 foot and 75-250 setback zone variances in order to construct a replacement residence . At that time the Planning Commission directed the applicant to address the following: 1. The footprint of the home should be reduced in order to better fit within the required street, side, and creek setback. The creek setback was identified as a priority. 2. The attached garage could be reduced in order to alleviate a portion of the encroachment into the creek setback. In addition, the Planning Commission seemed to feel the CUP for stream bank stabilization and the variances for the proposed crossing or footbridge over the creek were acceptable . The applicants have reduced the overall size of the home footprint by only 167 square feet. However, they have reduced the proposed patios, reoriented the driveway and vehicle courtyard and have proposed a significant reduction in the portions of the home and hardcover to be located within the 75-foot creek setback. Their initial proposal was for 2,322 square feet of hardcover within the 0-75 foot zone. Their revision reflects a 965 square foot reduction within this zone . The revisions result in 365 additional proposed square feet within the 75-250 foot zone. The revision also proposes to meet the 50-foot setback on the western Bayside portion of the property and will only be two feet short of the 50-foot setback on the Crestview side of the lot. Moving the home farther from the creek results in a 60-foot setback where 75 feet is required, which is an improvement of ten feet from the previous plan. This shifting of the home to the north allows for only an I I-foot setback from the side Jot line and adjacent neighbor's property where a 30-foot setback is required. A 16-foot setback was initially proposed. The Planning Commission also indicated that the inclusion of hardcover mitigation measures such as native vegetation buffers , rain gardens, pavers, etc ., was encouraged. The applicants continue to propose to incorporate wetland buffers in the required areas as well as additional areas in order to attempt to mitigate for the excesses in hardcover. Staff still believes the design of the house does not fit the constraints of the property. The shape of the house seems to be a desire of the applicants to re-recreate their existing residence rather than design a home better suited to the property. Staff recommends the following: 1. Denial of the hardcover variance and structural setback variance to allow the foot bridge. 2. Approval of the conditional use permit subject to the MCWD requirements for the stream bank stabilization and the City Engineer's recommendations. 3. Approval of the lot area variance conditioned upon the combination of the four lots into one tax parcel prior to the issuance of a building permit and compliance with the wetland buffer requirements. 4 . Approval of the proposed side and street setback variances as revised . The creek setback encroachment could be further improved upon ; however, Staff feels the applicants have met the direction of the Planning Commission . 5. Approval of some level of hardcover variances as the Planning Commission deems appropriate in conjunction with the following : a. Implementation of the proposed mitigation measures consisting of native vegetation areas between the home and the creek. b. Patios, sidewalks, courtyard and driveway to be constructed using pavers . Mr. Huthwaite stated they would like to purchase this property for their retirement home and that there are a number of problems with the current house, which is the reason for their proposal to raze the structure and construct a new residence . The creek is a Management ill wetland , which is a minimum type of wetland , and their plan helps to mitigate the erosion that is presently occurring. As previously mentioned , a substantial amount of work has been done to their plans. The garage has been reduced , the size of the living/dining room area has been reduced, and the patio areas have also been reduced. As a result of that, the house has been re-angled and relocated further north. The hardcover area in the 0-75 foot zone has been reduced by approximately 1,000 square feet. Given the changes, Mr . Huthwaite requested the Planning Commission approve their application. Rahn asked what the setback is for the existing home on the side with the proposed 11-foot setback. Curtis stated it is 36 feet. Huthwaite stated they were able to talk with 17 of the neighbors and that all 17 of them indicated they are in favor of the project. The home to the north is in the process of selling their property and they have not been contacted. Rahn commented that in his view the property to the north , if he was not selling the property, would have an issue with this project. Huthwaite pointed out that there is a tall hedge located between the two properties and that they cannot see into that residence. Schoenzeit asked what the original proposed setback on that side of the house was . Curtis indicated it was 16 feet. Rahn asked if the dimension of the house has changed. Huthwaite stated it has changed slightly . They have reduced the foyer area by 22 percent and they have also reduced the garage, living room/dining room area, and patios , which allowed them to re-angle the house out of the 0-7 5 foot zone. Kang noted the building footprint has been reduced by 167 square feet. Chair Kang opened the public hearing at 7: 12 p.m. There were no public comments regarding this application. Chair Kang closed the public hearing at 7: 12 p .m. Schoenzeit stated the fact that the existing neighbor to the north is selling his property , there is no one that is speaking for or against this project that might reside in that residence. Schoenzeit noted that that residence is also close to the property line. Rice commented the applicants have made significant changes to their plans, which is a definite improvement, and that the least desired change was relocating the house further into the setback. Rice noted she does not have a problem with the bridge. Kang commented she is sensitive to the cost of pavers, but recommended the applicants consider installing impervious pavers in some of the smaller hardcover areas . Leskinen stated the size of the house has not been reduced substantially and instead moved further back into a different setback. Leskinen expressed concerns that the size of the residence is too large for the lot. Kang noted the applicant did follow most of the direction given by the Planning Commission by reducing the amount of hardcover near the creek, which was a major concern at the last meeting. Leskinen stated she is in agreement with the reductions but that she has a concern with relocating the house further back toward the creek. Schoenzeit indicated he also does not have a problem with the bridge. Schoenzeit noted the residence to the north is located 11. l feet from the property line and that this one is proposed to be at 11 feet. Rahn stated the intent of the 30-foot setbacks is to lessen crowding on the adjoining property and that the house to the north is older than IO or 15 years old . Rahn expressed concern with the considerable encroachment into the setback. Rick Hendel, Builder, stated they did look at the option of flipping the house , which would result in a further encroachment toward the neighbor. Hendel noted a three-car garage does not fit given the building envelope and the topography of the lot . Additional fill would also be required for the driveway if the house were flipped . Curtis noted this is 2-acre zoning but that one could argue that this neighborhood is more like a I to 1-1 /2 acre zoning. Curtis indicated the I-acre lots require a 10-foot side setback. Huthwaite indicated the cost of the pavers is an issue but that he is not opposed to looking at putting more pavers in. As it relates to the 11-foot setback, the neighbor also has an 11-foot setback, with a tall hedge in between the two. The lot is approximately 3/4s of an acre rather than two acres. Schoenzeit asked what the Planning Commission feels about the argument that this is really a one acre lot rather than two acres . Kang commented that she would be willing to accept that argument and that she is not opposed to the I ]-foot setback. The only other option would to reduce the size of the house even further. Rahn stated in his opinion this is a design issue but that the options are limited. Kang noted the concern at the last meeting was to keep the house away from the creek as much as possible. Schoenzeit asked whether the other houses in the neighborhood meet the 30-foot setback. Curtis displayed an aerial photograph of the area on the overhead and pointed out the residence to the north. Rahn commented that the lots appear to be close together and asked whether there are any two-acre lots in the area. Curtis stated to her recollection there are not any two-acre lots in the immediate area. Rahn asked what type of materials the bridge would be constructed out of. Huthwaite stated he is flexible on the materials and that he would like safe access to that portion of his lot. Rahn stated there are materials that allow a lot of water to pass through and other materials that would not allow a lot of water to pass through. Huthwaite stated he would like to utilize materials that would allow the water to pass through as much as possible. Kang stated it appears the outstanding issue relates to the setbacks . Curtis noted the hashed line area is the proposed native planting area. The City's wetland consultant has reviewed the plans and it does meet the City's criteria. Schoenzeit moved, Rice seconded, to recommend approval of Application #09-3428, Michael and Marilyn Buthwaite, 3382 Bayside Road, granting of a lot area variance, an 11-foot side setback variance as reflected on the revised. plans, a street setback variance, hardcover variances, and approval of the conditional use permit, subject to Staff's recommendations, and subject to the foot bridge being constructed of appropriate architectural materials that will allow a 50 percent porous surface. VOTE: Ayes 5, Nays O. newspapers AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) Rich a rd Hendrickson , being duly sworn on an oath , states or affirms that he is the Chief Financial Officer of the newspaper(s) known as Plymouth , Wa yz ata , Orono Sun-Sailor and has full knowl edge of the facts stated below: (A) The new spaper has complied with all of the requirement s constituting qualifica- tion as a quaiified newspaper as provid- ed by Minn. Stat. §331A.02 , §331A.07 , and other applicable laws as amended. (B) The printed public notice that is attached was publish e d in said newspaper(s) once each week , for ~ successive week(s); it was first published on Thurs- day, the _5_ day of November 2009 , and wa s thereafter printed and published on every Thursday to and in- cluding Thursday, the _____ day of ________ , 2009 ; and printed below is a copy of the lower case alpha- bet from A to Z , both inclusive , which is hereby ackno w ledged as being the si ze and kind of type used in the composition and publication of the notice: abcdefghijklmnopqrstuvwxyz Subsc ribed and swo rn t o or affirmed before me on this _5_ day of Novembe r , 2009. ~MA-I ~ Notary Public MARY ANN CARLSON NOTARY PUBLIC -MINNESOTA MY COMMISSION EXPIRES 1-31-14 City of Orono (Official Publication) NOTICE The Planning Commission will hold public heanngs in the Orono Council Chambers at 2780 Kelley Parkway on Monday, November 16, 2009 , beginning at 6 :30 p .m . on the matt e r of reviewing the fol lowing land use appl1cat1ons: 09-34 18 Dennis Batty on behalf of Brook Investment Group LLC , 3421 to 3435 Shoreline Drive , B-1 zon ing district , requests commercial site plan approval to e n large the existin g comme rcial bui ldi ng wit h additi ons to each e nd . Th e p roposal incl udes structura l coverage , hardcov- er, parking lot setback and bu ilding setback variances as well as a variance to the number of required pa r king spaces. 09-3428 M ichael & Marilyn Hu thwaite . 3382 Bayside Road , L R-1A zon in g d1stnct, req uest the following va ri- ances in order to build a new si ngle family residence on the property: lot area. lot width , 75' creek setback, hard- cover va rian ce to a ll ow 11 .2 % har dcover w ithin the 0-75' zo ne where 1 1 .4% ha rdcover cur rently exists a nd 0% is allowed and lo allow 33.6 % hardcover wit h in the 75'-250' zone w he re 11 .1 % exists a nd 25% is norma ll y al lowed , and a cond itional use perm it for grad ing w ithin 75' of the c ree k in o rd e r to stabil ize th e cree k b an k. 09-3433 R ichard Ha nso n , 340 Big Island, RS zoning d istrict. requests vacation of a po r tion of Meta Co met Av- enue as w ell as a record lot area variance to co nf irm the use of p ermitte d uses fo r the p rope rty. 09-3435 Lo ren & Stacey Schoe n zei t , 4480 Forest Lake Landing , LR -1 B zon ing d ist rict, request th e fo ll ow- ing va riances in ord er to bui ld a new s ingl e fam il y resi- dence o n th e property: lot area an d lo t w idth va ria nces to rebu ild o n a lot 14,586 s.f. in ar ea and 57' in width at the OH W L and 46' in wi dth at the 75 ' set back : a ha rd cover variance wi thin the 250'-500' zone to a llow 62.5% where 30% is n o rm all y al lowed an d 62 .9% c urrent ly exis ts : street and sid e yard se tback varia nces are also requested as part of th is applica tion. All persons wish ing to be heard are e ncou raged to attend this meet ing. This is no t a fin al agenda and is s ubject to· change pri or to the hearin g. W ritt en c omments are ac- cepted and should be submitted to the City of Orono by November 10 , 2009 if possi ble. Inte rested persons may review the application at Ci ty off ices. For an appoint- ment , please call (952) 249-4620. Ci ty of O rono By: Planni ng Com mission Evelyn Tu rner. City Planner Pub lis hed in the S un Sa,lor on Nove mber 5 , 2009. Posted at: Orono City O ffices. Crystal Bay Pos t Office Lo ng Lake Post O ffice. Navarre Post O ff ice (Nov 5. 2009) a2 -h rgs 11-16 -09-CM CERTIFICATE OF MAILING STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. ) CITY OF ORONO ) I, Monica Fadness, of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of #09-3428, was mailed to the attached list of property owners. In Witness Whereof, I have hereunto set my hand and seal this 61 h day of November, 2009. YLlru tL U-1 ~ Monica Fadness CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone (952) 249-4600 Fax (952) 249-4616 NOTICE The Planning Commission will hold public hearings in the Orono Council Chambers at 2780 Kelley Parkway on Monday, November 16, 2009, beginning at 6:30 p.m. on the matter of rev iewing the following land use applications : 09-3418 Dennis Batty on behalf of Brook Investment Group LLC , 3421 to 3435 Shoreline Drive, B-1 zoning district , requests commercial site plan approval to enlarge the existing commercial building with additions to each end . The proposal includes structural coverage, hardcover , parking lot setback and building setback variances as well as a variance to the number of requ ired parking spaces . 09-3428 Michael & Marilyn Huthwaite , 3382 Bayside Road , LR-1A zoning district , request the following variances in order to build a new single family residence on the property : lot area , lot width, 75 ' creek setback, hardcover variance to allow 11 .2% hardcover within the 0-75 ' zone where 11.4% hardcover currently exists and 0% is allowed and to allow 33 .6% hardcover within the 75 '-250 ' zone where 11 .1 % exists and 25% is normally allowed , and a conditional use permit for grading within 75 ' of the creek in order to stabilize the creek bank. 09-3433 Richard Hanson , 340 Big Island, RS zoning district , requests vacation of a portion of Meta Comet Avenue as well as a record lot area variance t o confirm the use of permitted uses for the property . 09-3435 Loren & Stacey Schoenzeit , 4480 Forest Lake Landing , LR-1 B zoning district , request the following variances in order to build a new single family residence on the property : lot area and lot width variances to rebuild on a lot 14 ,586 s .f . in area and 57' in width at the OHWL and 46 ' in width at the 75 ' setback ; a hardcover variance within the 250 '-500 ' zone to allow 62.5% where 30% is normally allowed and 62 .9% currently exists ; street and side yard setback variances are also requested as part of this application. All persons wishing to be heard are encouraged to attend this meeting . This is not a final agenda and is subject to change prior to the hearing. Written comments are accepted and should be submitted to the City of Orono by November 10 , 2009 if poss ible . Interested persons may review the appl ication at City offices . For an appointment, please call (952) 249-4620. City of Orono By : Planning Commission To be published in the Sun Sailor on November 5, 2009. Posted at: Orono City Offices Crystal Bay Post Office Long Lake Post Office Navarre Post Office RUN DA TE: 9/25/2009 38 05-117-23 13 0012 BLAIR MILESK.l & APRIL NEWTON 3420 BAYSIDE RD BLAIR MILESKI & APRIL NEWTON 3420 BAYSIDE RD LONG LAKE MN 55356 38 05-117-23 13 0032 TROY KENNEDY 3405 EASTLAKE ST TROY KENNEDY 3405 EASTLAKE ST LONG LAKE MN 55356 38 05-117-23 13 0042 M &N HUNSLEY 3464 EASTLAKE ST MARK A HUNSLEY 3464 E LAKE ST LONG LAKE MN 55356 38 05-117-23 13 0046 MARK W ERHARD ET AL 38 ADDRESS UNASSIGNED MARK W ERHARD 38 05 -117 -23 14 0030 REGINA ENGEBRITSON 315 CRESTVIEW AVE REGINA ENGEBRITSON 315 CRESTVIEW A VE LONG LAKE MN 55356 38 05-117-23 14 0034 ESTHER M ADDISON 38 ADDRESS UNASSIGNED MRS AL ADDISON 3382 BAYSIDE RD LONG LAKE MN 55356 38 05-117 -23 14 0037 ESTHER M ADDISON 38 ADDRESS UNASSIGNED MRS A L ADDISON 3382 BAYSIDE RD LONG LAKE MN 55356 HENNEPI! JNTY PROPERTY INFORMATION SYSTEM (PROPERTY 38 05-117-23 13 0029 ESTHER M ADDISON 38 ADDRESS UNASSIGNED ESTHER M ADDISON 3382 BAYSIDE RD LONG LAKE MN 55356 38 05-117-23 13 0035 REBECCA LYNN HOLZEM 3407 EASTLAKE ST REBECCA LYNN HOLZEM 3407 EASTLAKE ST LONG LAKE MN 55356 38 05-117-23 13 0043 MARK W ERHARD/LISA N ERHARD 3444 EASTLAKE ST MARK W ERHARD 3444 LAKE STE LONG LAKE MN 55356 38 05-117-23 13 0052 TROY KENNEDY 3415 EASTLAKE ST TROY KENNEDY 3415 EASTLAKE ST LONG LAKE MN 55356 38 05-117-23 14 0031 WENDY SULLIVAN 325 CRESTVIEW A VE WENDY SULL!V AN 325 CRESTVIEW A VE LONG LAKE MN 55356 38 05-117-23 14 0035 A L ADDISON ET AL 3382 BAYSIDE RD MRS A L ADDISON 3382 BAYSIDE RD LONG LAKE MN 55356 38 05 -117-23 14 0039 PATRICKJ SKEIE 340 TONKA A VE PATRICK J SKEIE 5710 NORTH ARM DR MOUND MN 55364 i:RSLIST) 38 05-117-23 13 0030 D & S ESTERS 3400 BAYSIDE RD DANIEL & SANDRA ESTERS 3400 BAYSIDE RD LONG LAKE MN 55356 38 05-117-23 13 0036 ELENA OVSY ANNIKOV A 3409 EASTLAKE ST ELENA OVSY ANNI KOY A 3409 EASTLAKE ST LONG LAKE MN 55356 38 05-117-23 13 0044 TE RADKE & MA RADKE 3424 EASTLAKE ST THOMAS E & MARGARET A RADKE 3424 EASTLAKE ST LONG LAKE MN 55356 38 05-117-23 14 0008 J W WOJCIK & KL WOJCIK 3310 BAYSIDE RD JOHN W WOJCIK & K.JT L WOJCIK 33 10 BAYSIDE RD LAKE LAKE MN 55356 38 05-117-23 14 0033 BERT L ADDISON ETAL 38 ADDRESS UNASSIGNED MRS A L ADDISON 3382 BAYSIDE RD LONG LAKE MN 55356 38 05-117-23 14 0036 ESTHER M ADDISON 38 ADDRESS UNASSIGNED MRS AL ADDISON 3382 BAYSIDE RD LONG LAKE MN 55356 38 05-117-23 14 0043 THOMAS R BETZ 300 CRESTVIEW A VE THOMAS R BETZ 300 CRESTVIEW A VE LONG LAKE MN 55356 PAGE: I RECEIVED SEP 2 8 ZOU~ CITY OF ORON O RUN DATE: 9/25/2009 38 05-117-23 14 0052 BARBARA JOANNE HUBER 3390 BAYSIDE RD BARBARA JOANNE HUBER 3390 BAYSIDE RD LONG LAKE MN 55356 38 05-117-23 14 0058 SUE P WHITNEY 3300 BA YSJDE RD SUE P WHITNEY 3300 BAYSIDE RD ' LONG LAKE MN 55356 38 05-117-23 14 0062 M J EDMONDS & SAM EDMONDS 3 30 TONKA A VE MICHAEL J EDMONDS 330TONKA AVE LONG LAKE MN 55356 38 05-117-23 41 0016 TL ANDERSON & D R ANDERSON 400 OXFORD RD DA YID & T LINDSAY ANDERSON 400 OXFORD RD LONG LAKE MN 55356 AS IT APPEARS THIS DA TE ON THE R DATE SEP Z 5 2009 HENNEPI1'{ NTY PROPERTY INFORMATION SYSTEM (PROPERTY 38 05-117-23 140056 J F LEH MEYER & TL LEHMEYER 320 CRESTVIEW A VE JOHN & TRUDY LEHMEYER 320 CRESTVIEW A VE LONG LAKE MN 55356 38 05-117-23 140060 TROY W KENNEDY 3403 EASTLAKE ST TROY W KENNEDY 3403 EASTLAKE ST LONG LAKE MN 55356 38 05-117-23 140063 LE BAUTISTA & L J BAUTISTA 270 CRESTVIEW A VE LEWIS E & LESLIEJ BAUTISTA 270 CRESTVIEW A VE LONG LAKE MN 55356 38 05-117-23 41 0022 J H MEREDITH& M ·B MEREDITH 405 OXFORD RD MARY ANN & JOHN MEREDITH 405 OXFORD RD LONG LAKE MN 55356 RVICES DEPARTMENT. .RS LIST) 38 05-1 I 7-23 14 0057 W R STEPHENS Ill ET AL 350 CRESTVIEW A VE WINFIELD R STEPHENS llI 3 770 BA YSJDE RD LONG LAKE MN 55356 38 05-117-23 140061 PA & KS SKOOG 280 TONKA A VE PHILIP & KAREN SKOOG 280 TONKA A VE LONG LAKE MN 55356 38 05-117-23 14 0064 JEREMEY HILL 3348 BA YSJDE RD JEREMEY S HILL 3348 BAYSIDE RD LONG LAKE MN 55356 38 05-117-23 41 0023 JON H SCHWARTZMAN ET AL 425 OXFORD RD JON H SCHWARTZMAN 2905 FERRY ST N ANOKA MN 55303 PAGE: RUN DATE: 38 05-117-23 13 0012 BLAIR MILESK.l & APRIL NEWTON 3420 BAYSIDE RD BLAIR MILESKI & APRJL NEWTON 3420 BAYSIDE RD LONG LAKE MN 55356 38 05-117 -23 13 0032 TROY KENNEDY 3405 EASTLA ST 38 05-117-23 13 0042 M &NHUNSLEY 3464 EASTLAKE ST MARK A HUNSLEY 3464 E LAKE ST LONG LAKE MN 55356 38 05-117-23140030 REGINA ENGEBRITSON 315 CRESTVIEW AVE REG INA ENGEBRJTSON 315 CRESTVIEW A VE LONG LAKE MN 55356 38 05-117-23140037 ESTHER M ADDISO JNTY PROPERTY INFORMAT ION SYSTEM (PROPERTY 1 38 05-117-23 130029 ~ ESTHER MADDI 38 ADDRESS I ASSIGNED ESTHER ADDISON 3382 A YSIDE RD 38 05-117 -23 13 0035 REBECCA LYNN HOLZEM 3407 EASTLAKE ST REBECCA LYNN HOLZEM 3407 EASTLAKE ST LONG LAKE MN 55356 38 05-117-23 13 0043 MARK W ERHARD/LISA N ERHARD 3444 EASTLAKE ST MARK W ERHARD 3444 LAKE ST E LONG LAKE MN 55356 38 05 -117-23 13 0052 TROY KENNEDY 38 05-117-23 140031 / ~- ,RSLIST)~f 38 05-117-23 13 0030 D & S ESTERS 3400 BAYSIDE NDRA ESTERS 38 05-117 -23 13 0036 ELENA OVSY ANNIKOV A 3409 EASTLAKE ST ELENA OVSY ANNJKOV A 3409 EASTLAKE ST LONG LAKE MN 55356 38 05-117-23 13 0044 TE RADKE & M A RADKE 3424 EASTLAKE ST THOMAS E & MARGARET A RADKE 3424 EASTLAKE ST LONG LAKE MN 55356 38 05 -117-23 14 0008 J W WOJCIK & K L WOJCIK 33 10 BAYSIDE RD JOHN W WOJCIK & KJT L WOJCIK 33 10 BAYSIDE RD LAKE LAKE MN 5535~ ~~ --- 38 05-117-23 14 0043 THOMAS R BETZ 300 CRESTVIEW A VEJ THOMAS R BETZ · 300 CRESTVIEW A VE LONG LAKE MN 55356 -----·--· PAGE: l RECEIVED SEP 2 8 20U9 CITY OF ORONO RUN DATE: 9/25/2009 38 05-117-23 14 0052 BARBARA JOANNE 38 05-117-23 14 0058 SUE P WHITNEY 3300 BAYSIDE RD SUE P WHITNEY 3300 BAYSIDE RD ' LONG LAKE MN 55356 38 05-117-23 14 0062 M J EDMONDS & S A M EDMONDS 330 TONKA A VE MICHAEL J EDMONDS 330 TONKA A VE LONG LAKE MN 55356 ::rr1-23 41 0016 T L ANDERSON & D R ANDERSON 400 OXFORD RD DA VlD & T LINDSAY ANDERSON 400 OXFORD RD LONG LAKE MN 55356 AS IT APPEARS THIS DATE ON THE DATE : SEP Z 5 2009 HENNEPif JNTY PROPERTY INFORMATION SYSTEM (PROPERTY ,ERS LIST) 38 05-117-23 14 0057 --:.-::,-:::-/ 38 05-117-23 14 0063 LE BAUTISTA & L J BAUTISTA 270 CRESTVIEW A VE LEWJS E & LESLIE J BAUTISTA 270 CRESTVIEW A VE LONG LAKE MN 55356 38 05-117-23 41 0022 VICES DEPARTMENT. P A & K S SKOOG / 280 TONKA A VE f PHILIP & KAREN SKOOG 280 TONKA A VE LONG LAKE MN 55356 38 05-1 17-23 41 0023 JON H SCHWARTZMAN ET AL 425 OXFORD RD JON H SCHWARTZMAN 2905 FERRY ST N ANOKA MN 55303 PAGE: 2 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, October 19, 2009 6:30 o'clock p.m. ,- # 405 FRANK MASSERANO, III ON BEHALF OF INTERNATIONAL MI~RIAL FELL SHIP, CONTINUED _/ /, e Planning Commission is looking at a buffer between-the deck and the property line . ,/ / Berg suggested some additi 1 trees or landscaping be added cjos6' to the property line where the parking lot is removed. ,,/ Leskinen stated it would be ideal to have so Frank Masserano indicated he would be happy to do tha . Schoenzeit moved, Rice seconded, to recommend approval of A · cation #09-3405, Frank Masserano, III, on behalf of International Ministerial Fellowship, co ercial site plan approval and conditional use p,ermit, subject to the addition of screening/landscapi o be incorporated in the parki7on that is proposed to be removed. VOTE: Ayes 6, Nays . 3 . #09-3428 MICHAEL AND MARILYN HUTHW AITE 3382 BAYSIDE ROAD, VARIANCES AND CONDITIONAL USE PERMIT, 6:58 P.M. -8:08 P.M. Michael and Marilyn Huthwaite, Applicants , were present along with Jeremy Steiner, Attorney-at-Law , and Rick Hendel, Builder. Curtis stated the applicant is requesting a conditional use permit for grading within 75 feet of Stubbs Bay Creek to construct a replacement residence and lot area , creek setback, and hardcover variances within the 0-75 foot zone and the 75-250 foot setback zone. The property consists of four separate tax parcels under one address where a home has existed for a number of years. The subject property lies within the LR-IA zoning district, contains Stubb s Bay Creek and wetland. The redevelopment of the property has also triggered the application of the City 's wetland regulations , requiring a buffer. The combined area of the four lots is 34 ,400 square feet or . 79 acres when the zoning district require s two acres. The existing home meets the street and side yard setback requirements . The applicants ' proposed home does not meet any yard setback requirements. They have proposed a 41.2 foot setback from Crestview, which will essentially become their fron t/street yard with the driveway reorientation ; a 48 .2 foot setback from Bayside Road is proposed where a SO-foot setback is required from both streets. They have proposed 16.9 foot to 24-foot setbacks from the side lot lines where 30 feet is required . The house would be as close as 48 feet to the creek when the shore land regulations require a 75-foot setback. The gra vel driveway and attached garage on the existing home on the property were located entirely within the 75-foot creek setback. Hardcover in the 0-75 foot zone is proposed to be 11.24 percent, reduced slightl y from the existing 11.4 percent. Hardcover within the 75-250 zone jumps from an existing 11.1 percent to 33.6 percent propo sed. In addition to the proposed 3 ,682 square foot home and 7 15 square feet of proposed patio, and 2 ,018 -----·---·-----------------------------Page 4 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, October 19, 2009 6:30 o'clock p.m. #09-3428 MICHAEL AND MARILYN HUTHW AITE, CONTINUED square feet of hardcover in the driveway and courtyard, there are 315 square feet of proposed retaining walls and a proposed foot bridge spanning the creek. Since the earthwork will take place within the creek located within the 0-7 5 foot zone and exceeds 10 cubic yards , a conditional use permit is required . The applicants are working with the MCWD on the stream bank stabilization project. The proposed bridge over Stubbs Bay Creek poses a number of issues. First, Orono Code prohibits structures within 75 feet o this protected tributary. Second, the bridge constitutes hardcover within 75 feet of the tributary, which is not allowed . Additionally , the bridge cannot be considered the equivalent of a stairway, lit , landing , or lockbox that would be allowed at the shoreline of a lake because it is not needed for access to the shore due to the presence of a bluff or steep slope . Also, the bridge would appear to function merely as an amenity to the property and does not provide necessary access to a portion of the property that is lacking accessibility because the property south of the creek can be accessed directly from the public roads in the immediate vicinity. There is also a concern that should the creek reach a level that would inundate the bridge of its underpinnings, the bridge could fail and be swept downstream and conceivably contribute to blockage of the culvert under Bayside Road, causing flooding. For all these reasons , Staff recommends that the proposed bridge not be allowed. The Planning Commission should consider the following issues: 1. Will the proposed home be compatible with the surrounding neighborhood? 2. What is the impact of the creek setback variance on hardcover? 3 . How does the size of the proposed home impact location as it relates to the setback variances as well as the hardcover variances? 4. How may the hardcover impacts be offset? The applicants have proposed native plantings in conjunction with this project between the proposed home and the creek. Precedent has been set regarding approval of the requested lot area variances. The City routinely grants these types of requests when no other land is available for acquisition, the lot was legally created prior to adoption of the current zoning standards, and a house existing on the lot when the current zoning standards were adopted. Planning Staff recommends the following: 1. Denial of the hardcover variance and structural setback variance to allow the foot bridge. 2. Approval of the conditional use permit subject to the MCWD requirements for the stream bank stabilization and the City Engineer's recommendations. 3 . Approval of the lot area variance conditioned upon the combination of the four lots into one tax parcel prior to the issuance of a building permit and compliance with the wetland buffer requirements. -········-----··---···--···-·--·---·------·------Page 5 -----·---·--·-··---··-·--·--·--- MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, October 19, 2009 6:30 o'clock p.m. #09-3428 MICHAEL AND MARILYN HUTHW AITE, CONTINUED 4. Denial of the proposed creek, side and street setback variances as proposed . The footprint of the proposed home should be reduced in an attempt to meet some or all of the setback requirements particularly the creek setback. 5. Approval of some level of hardcover variances as the Planning Commission deems appropriate in conjunction with the following: a. Reduction or reorientation of the size of the home to reduce the hardcover within 75 feet of the creek. b. Reduction of the proposed patios and vehicle courtyard as the Planning Commission deems appropriate. 1) Provision of mitigation measures including rain gardens and/or native vegetation areas between the home and the creek. 2) Patios , sidewalks, courtyard and driveway to be constructed using pavers. Jeremy Steiner, Attorney-at-Law, stated the applicants do not believe any significant changes to the footprint or orientation of the house are warranted or appropriate. Steiner stated the standards for granting a variance have been met based upon their hardship statement. Variances allow flexibility from the City's zoning ordinances when a lot is developed prior to the adoption of certain ordinances. This lot was created in 1942 according to the city 's records. The need for the variances is that certain ordinances were adopted after the construction of the house. The current house and driveway both encroach on the creek. In addition, Stubbs Bay Creeks cuts across the south side of the property and the setbacks adopted by the City relative to the creek handicap the property owner. The applicant feels the extent of the variances and the size and orientation of the house are reasonable. The current house is 67 years old and has been abandoned for approximately the last two years. The house in its current state is a detriment to the neighborhood and a new house would be a benefit and a definite improvement. Steiner stated to his knowledge the twenty or so letters received from the neighbors do not express any opposition and shows that this project is a benefit to the neighborhood. If the Huthwaites are not allowed to construct a reasonable home on the property, they will not be purchasing the property, and given the state of the real estate market, it is likely this property will remain unsold for a number of years. There currently is erosion and trees that are being undermined by the erosion, which will cause an issue in a couple of years. The applicants propose to improve that area, which will improve the water quality and make the area safer. Steiner stated he has been told the reorientation of the house will also help make access to the lot safer. The Huthwaites are proposing to reduce the hardcover in the area near the creek, which is also an improvement The plan has been very well thought out and is a significant benefit to the City. Rick Hendel, Builder , stated this is a difficult lot to work with and that they have attempted to design a house that would fit well on the lot and still be attractive . The driveway is proposed to be located on the MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, October 19, 2009 6:30 o'clock p.m. #09-3428 MICHAEL AND MARILYN HUTHW AITE, CONTINUED ' , north end to stay out of the 75-foot setback and off of Bayside. The creek is not listed on the City 's wetland inventory or the Minnehaha Watershed District 's wetland inventory, so they were not aware of that issue initially. The grading is designed to capture as much water and runoff as possible and away from the creek. The hardcover has been reduced in the 0-7 5 foot zone. The overall size of the house is less than what the Huthwaites had initially desired and located away from the neighbors as much as possible. They also are proposing to clean up the area near the creek and stabilize the slope. Kang asked whether Hendel is recommending the construction of the bridge. Hendel indicated the bridge is to provide a safe access point to the south portion of the lot. Huthwaite stated the creek cuts off the bottom right-hand side of the lot and that the bridge will give them access to that portion of the property without having to go on the roadway. Rice asked whether there was any attempt to comply with the setbacks in that area. Hendel stated they did attempt to orient the house and garage in a way to reduce the setbacks as much as possible, and that if they complied with the setbacks, they would only be allowed a one-car garage. Huthwaite stated they currently reside in Memphis and that they would like to move back to the Twin Cities. They have looked at a number of lots and feel this is a nice lot that they can construct a retirement home on. The proposed house is not a mansion but a reasonably sized home. A tremendous amount of time and money has been spent attempting to alleviate the problems with the creek as it relates to erosion and flooding. Huthwaite noted the structural coverage is approximately 10 percent. The neighbors have reviewed their plans and all have signed off on the project. The environment is being improved with this project and will also improve the tax base of the City. Huthwaite stated they would like the bridge for access to that portion of the lot and that they are willing to work with the appropriate authorities to construct something that would be approved. Kang asked whether Staff would like to see pervious pavers. Curtis stated she just specified pavers. Huthwaite indicated to his knowledge pervious pavers are more expensive but that he would be willing to entertain using pervious pavers on the patio. Steiner stated pervious pavers on the driveway would not be practical given Minnesota 's winters. Chair Kang opened the public hearing at 7:35 p.m. There were no public comments regarding this application. Chair Kang closed the public hearing at 7:35 p.m. --·--·-·-·-·------·--·--·---··----------·········-·--··-··--·---·-·-··-··-···--Page 7 ----··-···---·-·······--····--·----·---···········-----·--·······-·--·---···--·-···········-·-·············--·---··--··- MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, October 19, 2009 6:30 o'clock p.m. #09-3428 MICHAEL AND MARILYN HUTHW AITE, CONTINUED Schoenzeit asked if the Minnehaha Watershed District or the governing authority would allow the property owners to extend a culvert and put some dirt in there in order to access that portion of the property. Curtis stated she does not know what the most acceptable method of access would be and that would need to be pursued with the Minnehaha Watershed District. Huthwaite stated they did look at relocating the access to that area and installing a culvert but that they would prefer a bridge. Kang stated she likes the driveway off of Crestview and that she would like to see less encroachment to the setback from the creek. Huthwaite stated they did look at reducing the encroachment and that the house is angled at different areas to help alleviate the hardcover. Huthwaite indicated they could possibly reduce the width of the garage slightly as well as the courtyard parking area. Kang indicated she would prefer the encroachment be reduced. Hendel stated it is difficult to reduce the driveway any further if they want to accommodate vehicles being able to back in and out. Steiner pointed out the Huthwaites are doing a great deal to help improve the creek area. Berg asked what the square footage of the house is. Hendel stated it is approximately 2800 square feet and the garage is approximately 850 square feet. The lower level consists of 2450 square feet but will likely not all be finished. Huthwaite pointed out the 2800 square feet includes a master bedroom on the main level and that there is no second floor. Berg indicated she has a concern as it relates to the size of the house and the close proximity to the creek. Leskinen stated she also has a concern with the size of the house. Berg noted the City does not always grant variances and that the Planning Commission needs to look at the ordinances for this lot as they exist today since this is considered new construction. Schoenzeit stated this project is an improvement from what currently exists and that the lot has unique features which would be classified as a hardship. Rice stated the Planning Commission asks that the home fit the lot and that in her view the house could be reduced further to comply with the setback requirements . Kang commented the City of Orono places a high priority on water quality and hardcover . -··-·---······-···-·------·-·------·-···---··-·-····--·-··---···--··-·---·---···-·-····-·-··-·····-····-······-··-----Page 8 ----·--·····----·····-·-··--······---·-·-·-·-····----·····----··--·······-·-·-·-·-···-···-····--·----·---·····-······ MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, October 19, 2009 6:30 o'clock p.m. #09-3428 MICHAEL AND MARILYN HUTHW AITE, CONTINUED '°-. Schwingler stated the Planning Commission is a recommending body and that the City Council can override the recommendation of the Planning Commission. Schwingler noted this is a difficult lot and that it is a definite improvement over what currently exists. Schwingler stated he is in agreement that some type of access is needed to that portion of the lot but that he has a concern with the amount of hardcover in the 0-7 5 foot zone. Kang stated the Planning Commission would like to see more of the setbacks complied with and that the size of the house should be reduced . Berg noted there are two patios that are of good size. Hendel stated they did design a house that is below the 15 percent structural coverage limit and that they can look at the size of the patios. Hendel stated they feel this is probably the best solution. Kang asked whether they are willing to reduce the size of the house. Hendel asked how much they would like to see the house reduced by. Kang stated they would like to see more of the setbacks complied with . Steiner indicated it is possible to construct a house that complies with the majority of the setbacks but that they would not be able to comply with the 75-foot setback from the creek. Huthwaite noted this is a Manage 3 wetland, which is the lowest class of wetland, and that in order to comply with the setbacks, they have had to angle the house. Huthwaite noted they are at 10 percent structural coverage and that it is difficult to design a house to meet the setbacks given the setback to the creek. Berg commented the applicants need to design a house that will fit on the lot as best as they can . Curtis noted the garage is located entirely within the 75-foot setback. Hendel stated if the garage is located on the other side, it would eliminate the well and be within three feet of the neighbor 's lot. If the driveway is reduced any further , it would make it impossible to maneuver a car in and out. If the house is located closer to the neighbor, it would also add more driveway. Steiner stated the creek is a natural feature on the property but creates a problem with the 75-foot setback. Kang asked if the applicant would like his application tabled or voted on tonight. Kang recommended the hardcover be reduced in the area near the creek. Steiner stated it is impossible to reduce all of the hardcover in the 0-75 foot zone but that they are willing to continue to talk to Staff. Schoenzeit concurred that this Jot does have some hardships. -·-·-·--·----··---··--·-·--·-··--········-----·-------······--·--···--·---··----·-·--Page 9 --··---····-··--·-···---·-·····-·---·-··---·-·-·--·--··--······--··· ·····-·····---···-----··-··---·--···--·--·-·-····· MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, October 19, 2009 6:30 o'clock p.m. #09-3428 MICHAEL AND MARILYN HUTHW AITE, CONTINUED Berg stated in her view the house should be reduced and that perhaps the applicants should consider constructing a second story with an elevator. Berg indicated she does not have an issue with the bridge . Curtis indicated it is Staffs recommendation that the bridge be denied and that she would like clear direction on each of Staffs recommendations contained in the report. It was the consensus of the Planning Commission that the bridge is not an issue. It was the consensus of the Planning Commission that a conditional use permit is required . It was the consensus of the Planning Commission that the lots be combined. Huthwaite indicated they will be combining the lots. It was the consensus of the Planning Commission that the size of the home be reduced and /or setbacks be more conforming . Hendel stated they have looked at a number of options for reducing the encroachments and that they are limited in what they can do. Leskinen noted the applicant did indicate he was willing to reduce the size of the garage slightly. Kang noted the Planning Commission did discuss reducing the patios and reducing the amount of hardcover in the area near the creek. Schoenzeit moved, Schwingler seconded, to table Application #09-3428 , Michael and Marilyn Huthwaite, 3382 Bayside Road. VOTE: Ayes 6, Nays 0. #09-3429 KAREN FEYO, MARK. F. U~~& STACY NAKAYA, 4055 ELM STREET~/ CE RENEWAL _/ /_,, ' / Berg moved, skinen seconded, to recofumend approval'of Application #09-3429, Kar7r(Feyo, Mark Fuller, an tacy Nakaya, 4055 'Elm Street, granting\,enewal of lot width and alea variances. VOTE: Ayes 5, Nay // ~', /// "'-,, *5. #09-3430 WJM PRO TIES, LLC, 2605 WAYZATA BOULF_;y,ARD, CONDITIONAL USE PERMIT AND SITE PLA NEW AL /, I / " Berg moved, Leskine {econded, to rec mend approval of Applj.c~~on #0~~' W JM Properties, LLC, 2 5 Wayzata Boulevar , ranting renewal o ,~n industrial site plan until December 31, 20 VOTE: Ayes 5, Nays 0. ~ (Tess Rice leaves the m ti at 8:09 P.M.) ~ Page 10 Subj ec t: #09 -3428 Michael r ~arilyn Huthw aite 3382 Bayside Road Background p,,. fl) f~ o-,t lfjl5IA-r ~- 3382 Bayside Road consists of four separate tax parcels under one address where a home has existed for a number of years . The applicants wish to redevelop and construct a new single family residence on the property. Because of the lot area requirements of the LR-1 A district, variances are required in order to do so . Additionally, the applicants are requesting creek setback, side and street yard setback, 0-75' and 75'-250 ' zone hardcover variances as well as a conditional use permit to conduct land a lteration work within the creek and creek banks . The redevelopment of the property has also triggered the application of the City's wetland regulations, requiring a buffer. Variances Street and Side Yard Setback: The applicants' proposed home encroaches into all of the required yard setbacks. They have proposed a 41.2 foot setback from Crestview , which will essentially become their fronUstreet yard with the driveway reorientation; a 48.2 foot setback from Bayside Road is proposed where a 50 foot setback is requi red from both streets . They have proposed 16 .9 foot to 24 foot setbacks from the side lot lines where 30 feet is required. Creek Setback: The house would be as close as 48 feet to the creek when the shoreland regulations require a 75 foot setback. Hardcover: Hardcover in the O to 75 foot zone is proposed to be 11 .24%, reduced slightly from the existing 11.4%. Hardcover within the 75'-250' zone jumps from an existing 11 .1 % to 33.6% proposed . In addition to the proposed 3,682 s.f. home and 715 square feet of proposed patio, and 2,018 square feet of hardcover in the driveway and courtyard, there are 315 square feet of groposed retaining walls and a pro Qosed foot bridge spanning the creek. Conditional Use Permit Since the earthwork will take place within the creek, within the O to 75 foot zone and exceeds 10 cubic yards a conditional use permit is required. The Planning Commission should discuss the 4 issues for Consideration outlined within the Staff Report. Di sc ussio n While the property is undersized staff finds that a reasonable home could be constructed within the required setbacks, although perhaps not as architecturally attractive as the proposed house . Considering the disproportionate lot area and zoning requirements it may be reasonable to grant setback variances to the side and even street yard requirements. However staff consistently holds to the lake and creek setbacks where feasible . Regarding the hardcover levels proposed staff finds that although the applicant has proposed beneficial changes to the property, specifically moving the gravel driveway out of the 75' setback, and proposing a significant amount of vegetative buffer, there is still a large amount of excess hardcover proposed on the property . The square footage of the proposed home, vehicle courtyard and patios are inconsistent with the philosophy of maintaining the minimum level of hardcover necessary to have reasonable use of the property and protection of surface water resources. The proposed bridge over Stubbs Bay Creek poses a number of issues. • City Code prohibits structures within 75' of this Protected Tributary. • The bridge constitutes hardcover within 75' of the tributary, which is not allowed City Code. • The bridge cannot be considered the equivalent of a "stairway, lift, landing or lockbox " that would be allowed at the shoreline of a lake because it is not needed for access to the shore due to the presence of a bluff or steep slope . • The bridge aQpears to function merely as an amenity to the pro P.erty -it is no t necessary to access to a portion of the property th r , lacking accessibility, because the pr 7rty south of the creek can be accessed directly from the puulic roads in the immediate vicinity. • Finally, there is a concern that in the unlikety-: yef nof impossible circumstance that .should the creek reach a level that would inundat~ th'e bridge, the bridge could fail and be swept downstream and conceivably contribute to blockage of the culvert under Bayside Road, causing flooding. • For all of these reasons,...staffie-c6m-ffieryds that the proposed bridge not be allowed . -~ Staff Recommeridation In summary;·Planning Staff recommends the following: 1. Dei.nial of the hardcover variance and structural setback variance to allow the foot bridge . / f'ovi ~ l& ""(ffi: . u ' 2. Approval of the conditional ·us~ -permit subject to the MCWD requirements for the stream bank stabilization and the City Engineer's recommendations. 0,y _ \ u~ .... , . .,.,---. ~ 3. Approval of the lot area variance conditioned upon the combination o! 1he. ~ l~ts into one tax parceP prior to the issuance of a building permit and compliance with the wetlanct-Jiu.ffer requirements.~ 4. Denial of the proposed creek, side and street setback variances as proposed. The footprint of the proposed home should be reduced in an attempt to meet some or all of the setback requirements particularly the creek setback. 4'17.V of houu If,,, ~ ~ o ur-o F ~ 4-erf"bc U::.... fr\~ tx (;> IC- 5. Approval of some level of hardcover variances as the Planning Commission deems appropriate in conjunction with the following: j a. Reduction or reorientation of the size of the home to reduce the hardcover within 75' of the creek . ~ ~ b£---revl,u~ b. Reduction of the proposed patios and vehicle courtyard as the Planning Commission deems api:1ropriate. areas between the home and the creek . ~ .,.. Ju ! 1) Provision of mitigation measures includinQ Jain gardens and or native vegetation 2) Patios, sidewalks, courtyard and driveway to be constructed using paverr- Planning mmission should discuss the 5 points and make recommendations specific tp. eac;h' and provide clear direction to the applicants . Staff recommends that Planning Commission table .the application to allow /2,icants lo-make the appropriate chang~ • ~ \\ J-,~,.,, W N . .u 1/71 110 1-r n o /-oitJWCVL'1PJ I {/VU. {,,LlJ .Y ' VV I ... n.,l,· tt]*J !1J,,lra c5 r1 ee,,,.fc;j-t:_d ~ 7-3lf t,A t>;Jr("f?t.J/ott 'c NC</lt() : '5th 1errutf-rep/au bvttt~ u.J/ (UJ v-vu ? /,A.JhCLJ-are ~1 a ~ -Uk& ffLL re. I oact-~ d/2 1 vf? h.J~ r ~ re.duc,h~ of-0()~ tv/r~, 75 of Cree-le ~ ~ Cd>-i~d abotd' h()W.£> ~i-r_(J; t c~~c1ch~ - tfl.~n~-U"Ylu~ {fk?ZJu,t-~ ~1u mii&;e:;? Sth,en~ ---~pY!iYC -~ ~aa-., h~'lf ll5/- /Zt7-e~ HOU~ "&"notdd fl-I-~ Lot-, Ct!2,ud m1:er tJY fr1tJ f-o ~ St;!b~ iCh w ,nff er -l"LUd a cass tD ~-ptVv r O I pm~ '1:1 ( Subject: #09-3428 Michael & Marilyn Huthwaite 3382 Bayside Road LS fd@o~,i;.l,aag £ijj,fullfl@Ji.@"'8~ At the October meeting , the applicant was directed to explore reducing the footprint of the proposed home in order to better fit inside the required setbacks ; the creek setback was cited as a priority. Reduction of the garage square footage to alleviate some of the encroachment into the creek setback was also suggested . The applicants have reduced the overall size of the home footprint by only 167 square feet; however they have reduced the proposed patios , reoriented the driveway and vehicle courtyard and have proposed a significant reduction in the portions of the home and hardcover to be located within the 75' creek setback. Their initial proposal was for 2,322 square feet of hardcover within the 0-75' zone. Their revision reflects a 965 square foot reduction within this zone . The revis ions result in 365 additional proposed square feet within the 75 ' -250 ' zone. Additionally, the revision proposes to meet the 50' setback on the western Bayside portion of the property and will only be 2 feet short of the 50' setback on the Crestview side of the lot. Moving the home further farther from the creek results in a 60' setback where 75' is required an improvement of 10 feet from the previous plan. This shifting of the home to the north allows for only an 11' setback from the side lot line and adjacent neighbor's property where a 30' setback is required .. A 16 feet !etbael< 'N8! il"litielly J:)FoposecL The Planning Commission also encouraged the inclusion of hardcover mitigation measures such as native vegetation buffers , rain gardens, pavers , etc. The applicants continue to propose to incorporate wetland buffers in the required areas as well as additional areas in order to attempt to mitigate for the excesses in hardcover. Staff still believes th¥~~if the house does not fit the constraints of the property . In summary, Planning Staff continues to recommend the following : 1. Denial of the hardcover variance and structural setback variance to allow the foot bridge . 2 . Approval of the conditional use permit S1:Jejeet te tl:ie MCWD , eq~i, e,, ,e, ,t! for the stream bank stabilization e, .el ti ,6 City E11gi. 1se1 1s , eco,. 11. ,er.detiel"ls. 3 . Approval of the lot area variance conditioned upon the combination of the 4 lots into one tax parcel prior to the issuance of a building permit and compliance with the wetland buffer requirements . r (( [et)J Further Planning Staff recommends : ,s,ttlff ~ti 1. Approval of the proposed side and street setback variances as revised . 1The creek ~ setback encro~~~c;O.t.!Ld_b~ further improved upon however !teff feels tlie ,} .d1)J ~pplicants have ' l'lie airec1ion' of the Planning Commission . Yl1'f'. 2. Approval of some · 1evel of hardcover variances as the Planning Commission deems appropriate ~ oe11jll!J.9I011 ,witl, ti ,e fellewiR9:_=:-. . . a . lmple~~~1on of; proposed m,~oon -measures consisting vegeta~~-~reas bet een the hom7"9nd the creek. b. Patio,s , sidewalks , cou yard an,.9 <:lriveway to be co structed u ng pavers. ·, / ' \ ./ ~ ' Cffy1l1Jl{) ~ pvi t/l 6'vS f{},ver1 ·~~A· . l,,tU, ~ ( ,s,z 7.Q, -&Y1 UA,/l S" ~ ~ ~ c~ r t;eef')IL£d.._ fa ,-er;1oo-J hJ ofi...,.ch6YJ I Wll 6~ V1fl1'V\ +oof1:;>n·d~ ~-t 1' 9ik~ck- • ( ( Additional Information Received Today, October 19, 2009 for Zoning Application 09-3428 Neighbor Notification Melanie Curtis Planning and Zoning Coordinator City of Orono 2750 Kelley Parkway Orono, MN 55356 Re: Variance Request For Prope1iy at 3382 Bayside Road Land Use Application No. 09-3428 Dear Ms. Curtis: , 2009 I have had the opp01iunity to review the plans filed by Michael and Marilyn Huthwaite with the City of Orono in support of their application for variances to allow the construction of a new single family residence at 3382 Bayside Road. I am submitting this letter to advise the City of Orono that I have reviewed the Huthwaites' improvement plans for this property, do not object to them or to the construction of the new single family residence and other improvements shown in those plans. I am aware that construction of the single family residence and other improvements shown in the plans requires City Council approval. Dated Huth waite\Prop ettyownerl etter 1-J, J: ~ r L 5..,1/ ~..J' Property Owner Address RECEIVED OCi 1 9 2009 CITY OF ORONO Melanie Curtis Planning and Zoning Coordinator City of Orono 2750 Kelley Parkway Orono, MN 55356 ---- Re: Variance Request For Property at 3382 Bayside Road Land Use Application No . 09-3428 Dear Ms. Curtis: , 2009 I have had the opportunity to review the plans filed by Michael and Marilyn Huthwaite with the City of Orono in support of their application for variances to allow the construction of a new single family residence at 3382 Bayside Road. I am submitting this letter to advise the City of Orono that I have reviewed the Huthwaites' improvement plans for this property, do not object to them or to the construction of the new single family residence and other improvements shown in those plans. I am aware that construction of the single family residence and other improvements shown in the plans requires City Council approval. Dated~ Huthwaite\Pro pertyownerl etter RECEIVED OCT '1 g 2009 CITY OF ORONO Melanie Curtis Planning and Zoning Coordinator City of Orono 2750 Kelley Parkway Orono, MN 55356 Od__ / :,-~ 2009 Re: Variance Request For Property at 3382 Bayside Road Land Use Application No . 09-3428 Dear Ms . Curtis: I have had the opportunity to review the plans filed by Michael and Marilyn Huthwaite with the City of Orono in suppo1i of their application for variances to allow the construction of a new single family residence at 3382 Bayside Road. I am submitting this letter to advise the City of Orono that I have reviewed the Huthwaites' improvement plans for this property, do not object to them or to the construction of the new single family residence and other improvements shown in those plans. I am aware that construction of the single family residence and other improvements shown in the plans requires City Council approval. Dated /~ -Jr-e>c; Huthwaite\Propertyown er letter \ Address RECEIVED OCT 1 8 2009 CITY OF ORONO Melanie Cmiis Planning and Zoning Coordinator City of Orono 2750 Kelley Parkway Orono, MN 55356 ----, 2009 Re: Variance Request For Prope1iy at 3382 Bayside Road Land Use Application No. 09-3428 Dear Ms. Curtis: I have had the oppo1iunity to review the plans filed by Michael and Marilyn Huthwaite with the City of Orono in suppo1i of their application for variances to allow the construction of a new single family residence at 3382 Bayside Road. I am submitting this letter to advise the City of Orono that I have reviewed the Huthwaites' improvement plans for this property, do not object to them or to the construction of the new single family residence and other improvements shown in those plans. I am aware that construction of the single family residence and other improvements shown in the plans requires City Council approval. Dated c::t..+ J {., I O'f Huthwaite\Propertyo wn erl etter 30lJ ~ --Ave__ Ad~l~ µL RECEIVED OCT 1 g 2009 c,rv OF ORONO ____ ,2009 Melanie Curtis Planning and Zoning Coordinator City of Orono 2750 Kelley Parkway Orono, MN 55356 Re: Variance Request For Property at 3382 Bayside Road Land Use Application No. 09-3428 Dear Ms . Curtis: I have had the opp01iunity to review the plans filed by Michael and Marilyn Huthwaite with the City of Orono in support of their application for variances to allow the construction of a new single family residence at 3382 Bayside Road. I am submitting this letter to advise the City of Orono that I have reviewed the Huthwaites' improvement plans for this property, do not object to them or to the construction of the new single family residence and other improvements shown in those plans. I am aware that construction of the single family residence and other improvements shown in the plans requires City Council approval. Dated / (J ·/ 7-O t Huthwaite\Propertyownerletter Prope1iy Owner Address RECEIVED OCT 1·9 2009 CITY OF ORONO Melanie Cmiis Planning and Zoning Coordinator City of Orono 2750 Kelley Parkway Orono, MN 55356 Lo-11 , 2009 Re: Variance Request For Prope1iy at 3382 Bayside Road Land Use Application No. 09-3428 Dear Ms. Curtis: I have had the opportunity to review the plans filed by Michael and Marilyn Huthwaite with the City of Orono in suppo1i of their application for variances to allow the construction of a new single family residence at 3382 Bayside Road. I am submitting this letter to advise the City of Orono that I have reviewed the Huthwaites' improvement plans for this property, do not object to them or to the construction of the new single family residence and other improvements shown in those plans. I am aware that construction of the single family residence and other improvements shown in the plans requires City Council approval. Dated /{) -11-OCf' Huthwaite\Propert yo wn erlelter Address RECEIVED OCT 192009 CITY OF ORONO ____ ,2009 Melanie Curtis Plmming and Zoning Coordinator City of Orono 2750 Kelley Parkway Orono, MN 55356 Re: Variance Request For Property at 3382 Bayside Road Land Use Application No. 09-3428 Dear Ms. Curtis: I have had the opp01iunity to review the plans filed by Michael and Marilyn Huthwaite with the City of Orono in support of their application for variances to allow the construction of a new single family residence at 3382 Bayside Road. I am submitting this letter to advise the City of Orono that I have reviewed the Huthwaites' improvement plans for this property, do not object to them or to the construction of the new single family residence and other improvements shown in those plans. I am aware that construction of the single family residence and other improvements shown in the plans requires City Council approval. Dated___,___) D~/ Ue_l 0_0 Huth wa it e\Pro pert yownerl ett er Prope1iy Owner Address RECEIVED OCT 1 9 2009 CITY OF ORONO /b-J S ,2009 Melanie Curtis Plarming and Zoning Coordinator City of Orono 2750 Kelley Parkway Orono, MN 55356 Re: Variance Request For Property at 3382 Bayside Road Land Use Application No. 09-3428 Dear Ms. Curtis: I have had the oppo1iunity to review the plans filed by Michael and Marilyn Huthwaite with the City of Orono in support of their application for variances to allow the construction of a new single family residence at 3382 Bayside Road. I am submitting this letter to advise the City of Orono that I have reviewed the Huthwaites' improvement plans for this prope1iy , do not object to them or to the construction of the new single family residence and other improvements shown in those plans. I am aware that construction of the single family residence and other improvements shown in the plans requires City Council approval. Dated / 0 -/ 5 -() Pf Address Huth wa ite\Pro pert yo wn erletter , ~MNO ~!"3.s-b RECEIVED OCT 1·9 2009 CITY OF ORONO ( ____ ,2009 Melanie Curtis Planning and Zoning Coordinator City of Orono 2750 Kelley Parkway Orono, MN 55356 Re: Variance Request For Property at 3382 Bayside Road Land Use Application No. 09-3428 Dear Ms. Curtis: I have had the opportunity to review the plans filed by Michael and Marilyn Huthwaite with the City of Orono in suppo11 of their application for variances to allow the construction of a new single family residence at 3382 Bayside Road. I am submitting this letter to advise the City of Orono that I have reviewed the Huthwaites' improvement plans for this propeliy, do not object to them or to the construction of the new single family residence and other improvements shown in those plans. I am aware that construction of the single family residence and other improvement s shown in the plans requires City Council approval. Dated /v -/5' ~0 9 Hu thwa ite\Propert yownerl ett er Property Owner ~ Address RECEIVED OCT 1 g 2009 CITY OF ORONO Melanie Curtis Planning and Zoning Coordinator City of Orono 2750 Kelley Parkway Orono, MN 55356 I 0-/J(, 2009 Re: Variance Request For Property at 3382 Bayside Road Land Use Application No. 09-3428 Dear Ms. Curtis: I have had the oppmiunity to review the plans filed by Michael and Marilyn Huthwaite with the City of Orono in suppoti of their application for variances to allow the construction of a new single family residence at 3382 Bayside Road. I am submitting this letter to advise the City of Orono that I have reviewed the Huthwaites' improvement plans for this property, do not object to them or to the construction of the new single family residence and other improvements shown in those plans. I am aware that construction of the single family residence and other improvements shown in the plans requires City Council approval. Dated /1). tr -?D 0 1' Huthwaite\Propertyownerletter Propetiy Owner ~l...5':@Cr Address RECEIVED OCT 192009 CITY OF ORONO ____ ,2009 Melanie Curtis Planning and Zoning Coordinator City of Orono 2750 Kelley Parkway Orono, MN 55356 Re: Variance Request For Property at 3382 Bayside Road Land Use Application No. 09-3428 Dear Ms. Cmiis: I have had the opportunity to review the plans filed by Michael and Marilyn Huthwaite with the City of Orono in support of their application for variances to allow the construction of a new single family residence at 3382 Bayside Road. I am submitting this letter to advise the City of Orono that I have reviewed the Huthwaites' improvement plans for this property, do not object to them or to the construction of the new single family residence and other improvements shown in those plans. I am aware that construction of the single family residence and other improvements shown in the plans requires City Council approval. Dated IO 11~ laa C) 'f -L--=---#,____._.,,,,"-,,,-.=.~=--.....__ __ _ Huthwaite\Propertyownerletter Address RECEIVED OCT 192009 CITY OF ORONO Melanie Curtis Planning and Zoning Coordinator City of Orono 2750 Kelley Parkway Orono, MN 55356 .,2009 Re: Variance Request For Property at 3382 Bayside Road Land Use Application No. 09-3428 Dear Ms. Curtis: I have had the opportunity to review the plans filed by Michael and Marilyn Huthwaite with the City of Orono in support of their application for variances to allow the construction of a new single family residence at 3382 Bayside Road. I am submitting this letter to advise the City of Orono that I have reviewed the Huthwaites' improvement plans for this property, do not object to them or to the construction of the new single family residence and other improvements shown in those plans. I am aware that construction of the single family residence and other improvements shown in the plans requires City Council approval. Dated _/_,-#--µ_3 7__,__/o--+r- Huthwaile\Propertyownerlelter RECEIVED OCT 1 g 2009 CITY OF ORONO ____ ,2009 Melanie Curtis Planning and Zoning Coordinator City of Orono 2750 Kelley Parkway Orono, MN 55356 Re: Vaiiance Request For Prope1iy at 3382 Bayside Road Land Use Application No. 09-3428 Dear Ms. Curtis : I have had the opportunity to review the plans filed by Michael and Marilyn Huthwaite with the City of Orono in support of their application for variances to allow the construction of a new single family residence at 3382 Bayside Road. I am submitting this letter to advise the City of Orono that I have reviewed the Huthwaites' improvement plans for this propetiy, do not object to them or to the construction of the new single family residence and other improvements shown in those plans. I am aware that construction of the single family residence and other improvements shown in the plans requires City Council approval. Dated -~/;}_-~/~~---t1_,7 __ _ Propetiy Owner Address /:t£,u_,__ a,11/W--b !X°t nd ~ ntt d/zme~ <.1- tfd ::du 1/Lul-1 Huthwaite\Prop ertyownerletter RECEIVED OCT 192009 CITY OF ORONO Melanie Curtis Planning and Zoning Coordinator City of Orono 2750 Kelley Parkway Orono , MN 55356 Re: Variance Request For Property at 3382 Bayside Road Land Use Application No. 09-3428 Dear Ms. Cmiis : I have had the opp01iunity to review the plans filed by Michael and Marilyn Huthwaite with the City of Orono in suppo1i of their application for variances to allow the construction of a new single family residence at 3382 Bayside Road . I am submitting this letter to advise the City of Orono that I have reviewed the Huthwaites' improvement plans for this property, do not object to them or to the construction of the new single family residence and other improvements shown in those plans. I am aware that construction of the single family residence and other improvements shown in the plans requires City Council approval. Huth wa ite\Prop ert yown erl etter 31 ~-Gre ~-fv1 ·-e (;U /tlte QvoY?o Address MtJ RECEIVED OCT 1 g 2009 CITY OF ORONO Melanie Curtis Plaiming and Zoning Coordinator City of Orono 2750 Kelley Parkway Orono, MN 55356 oct ,1, 2009 Re: Variance Request For Property at 3382 Bayside Road Land Use Application No. 09-3428 Dear Ms. Curtis: I have had the opp01iunity to review the plans filed by Michael and Marilyn Huthwaite with the City of Orono in support of their application for variances to allow the construction of a new single family residence at 3382 Bayside Road. I am submitting this letter to advise the City of Orono that I have reviewed the Huthwaites' improvement plans for this property, do not object to them or to the construction of the new single family residence and other improvements shown in those plai1s. I am aware that construction of the single family residence and other improvements shown in the plans requires City Council approval. Address Huthwaite\Prop ertyo wnerletter ' RECEIVED OCT 7 g 2009 CITY OF ORONO ( , 2009 ----· Melanie Curtis Planning and Zoning Coordinator City of Orono 2750 Kelley Parkway Orono, MN 55356 Re: Variance Request For Property at 3382 Bayside Road Land Use Application No. 09-3428 Dear Ms. Curtis: I have had the opp01iunity to review the plans filed by Michael and Marilyn Huthwaite with the City of Orono in support of their application for variances to allow the construction of a new single family residence at 3382 Bayside Road. I am submitting this letter to advise the City of Orono that I have reviewed the Huthwaites' improvement plans for this property, do not object to them or to the construction of the new single family residence and other improvements shown in those plans. I am aware that construction of the single family residence and other improvements shown in the plans requires City Council approval. Dated / p -/; -() 'f Huthwaite\Propertyownerletter Address RECEIVED OCT 192009 CITY OF ORONO , 2009 ----· Melanie Curtis Plmming and Zoning Coordinator City of Orono 2750 Kelley Parkway Orono, MN 55356 Re: Variance Request For Property at 3382 Bayside Road Land Use Application No. 09-3428 Dear Ms. Curtis: I have had the opp01iunity to review the plans filed by Michael and Marilyn Huthwaite with the City of Orono in support of their application for variances to allow the construction of a new single family residence at 3382 Bayside Road. I am submitting this letter to advise the City of Orono that I have reviewed the Huthwaites' improvement plans for this property, do not object to them or to the construction of the new single fmnily residence and other improvements shown in those plans. I am aware that construction of the single family residence and other improvements shown in the plans requires City Council approval. Dated ft,/ ts / .2tdl Huth wai te\Prop ert yownerl etter Prope1iy Owner Address ~ { SU'Q...I RECEIVED OCT 1 g 2009 CITY OF ORONO Minnesota Wetland Conservation Act Notice of Wetland Conservation Act Application for Impacts <10,000 Square Feet Name of Local Government Unit: Minnehaha Creek Watershed District Name of Applicant: Michael Huthwaite Application Number: W09-16 Type of Application (check one): Date of Application: 10/15/09 D Exemption Decision D No Loss Decision ~ Wetland Boundary and Type Determination D Replacement Plan Decision D Banking Plan Decision Location of Project: _4_ 117N 23W Sec. Twp. Range Summary of Project: Michael Huthwaite has applied for approval of a wetland boundary at the parcel located at 3382 Bayside Drive in the City of Orono (PID #05-1 l 7-23-14-0035). The delineation was performed by Svoboda Ecological Resources on October 7, 2009 . The wetland delineation report is attached. The boundary will be reviewed in the field by MCWD staff. You are hereby notified that the above-referenced application was made to the Local Government Unit on the date stated above. Comments on this application will be accepted until November 10, 2009. A decision on this matter will be made following review of the boundary and completion of the comment period. Contact Becky Houdek at 952-471-0590 ext. 226 for details or changes to decision-making schedule . LOCAL GOVERNMENT UNIT ~~~/'(_ Signa£e 10/20/09 Date District Technician Title List of Addressees: City Contact Evelyn Turner -eturner@ci .oron o.mn .us Members of Technical Evaluation Panel Lynda Peterson -lynd a.peters on @state .m n.us Stacey Lijewski -stacey.l ijewski<@ co.hennepin.mn .us Department of Natural Resources Regional Office Melissa Doperalski -M e lis sa .D ope ra lski @ dnr.state .mn.u s Corp of Engineers Project Manager Melissa Jenny -me lis sa .m.jennylci.l usace .a rmy .mil Page 1 of 1 W09-16 _ Boundary NOA.doc 9/16 /04 ( Wetland Delineation 3382 Bayside Drive Orono, MN ( Wetland Delineation Report & Functions and Values Assessment Prepared For: Michael Huthwaite 7155 Ainsworth Drive Germantown TN , 38138 Prepa red By: Svoboda Ecological Resources 25580 Nelsine Drive Shorewood, MN 5533 I Project No . 2009-048-03 October 12 , 2009 ~ WV V / ( \£? ~ (~ ~ " WI ~ ~ !!.; li OCT 1 :J 2009 Introduction On October 7, 2009, ecologists from Svoboda Ecological Resources (SER) completed a field investigation of the subject property to identify and delineate areas meeting wetland criteria in accordance with the 1987 Anny Corps of Engineers Wetland Delineation Manual and the Midwest Region Supplement Delineation Manual. As depicted in Figure 1, the site is located in the city of Orono . A functions and values assessment was also completed on-site as well as in-offo;e for the subject wetland. The approximate 0.80 acre site has the following legal description in the City of Orono, Hennepin County, Minnesota.: • Located in part of Sec. 5 , Tl 18N , R23W Only one Riverine wetland (Wetland I) was identified on the subject property. SER detennined that normal circumstances were present at the time of the field investigation. Methods The USGS Topographic Map (Figure 1), National Wetland Inventory Data (Figure 2), Hennepin County Soil Survey (Figure 3), the Department of Natural Resources Protected Waters Inventory (Figure 4), and aerial photographs were reviewed prior to the field investigation to identify potential wetland habitats. The parcel boundary was detennined using a property description provided by Gronberg & Associates and GIS data available from the Hennepin County Website. Minnesota Routine Assessment Method (MnRAM 3.2 Excel version) was used to complete the functions and values assessment for the subject wetland. See the Attachment at the end of the report for the MnRAM results. The following procedures were used to determine wetland habitats: • The vegetation was sampled to determine whether greater than 50% of the dominant plant species were classified as either obligate wetland, facultative wetland, or facultative. • Shallow soil pits were hand dug with a soil auger to identify s oil morphology , redoximorphic features and soil texture. • Wetland hydrology indications were observed through open soil pits, shallow water table measurements, and historical data . The wetland hydrology detennination uses the criteria of the presence of water within 12 inches of the surface for 14 days during the growing season , or within 24 inches of the surface during the dry part of the growing season . /~ ~~~~w ~ ~ LI ~ OCT 1 5 2009 /l)) The wetland boundary was marked with sequentially numbered neon orange pin flags and the surrounding tall grasses were flagged with neon orange ··Wetland Boundary" tape to ease in the identification of the boundary on later dates. One sample transect was completed for the identified wetland. Two sample points were taken ; both within the upland area due to the abrupt and steep eroded slopes of Wetland 1. The wetland boundary exists below Sample Point Bat the bottom of the severely eroded slope. Additional sample points were used throughout the delineation to verify vegetation, hydric soils, and hydrology. Data sheets for the recorded transect are located in the Appendix. Results The field investigation identified one riverine wetland basin . The approximate wetland boundary is illustrated on Figure 5. The location of the wetland boundary will have to b~ located by a surveyor before the execution of activities which could affect the basin. It is recommended that the boundary be located prior to site design in order to avoid future conflict and project issues. The following is a summary of the wetland delineation. Wetland u , tl I T NWI 1 , ~ ) Soil Survey Hydric Dominant ne am ype 1_Wll • • Number · S01/ (yin) Ve1:etatum Type4 R4 U B2 N y Phalaris arundinacea. Laportea , canadensis Oven Water Wetland # I is located along the southeastern portion of the parcel. The topography of the site is moderately undulating throughout with its high points being at the northern portion of the parcel with a gradual decent toward Wetland I with an abrupt drop in elevation leading into Wetland I. The wetland boundary was based on the transition from hydrophytic to non-hydrophytic vegetation dominance , change in soils from hydric to non-hydric, and a distinct topographical break, which was observed along the entire wetland boundary. Below are photographs of our sample transect and edge of wetland boundary. The functions and values assessment using the MnRAM concluded that Wetland I is a Manage 3 wetland due to the Wetand I did not fit into the criteria of the other three management categories. In addition to the above reason, the MnRAM classification system specifies Manage 3 wetlands as having low vegetative diversity/integrity and medium or high for downstream flood storage/attenuation. Wetland I does have these qualities according to the output (Attachment). ( ( Photo I : View of the transect location. Photo 2: View towards the southwest. { Unregulated activities that impact or potentially impact wetlands are currently regulated at several levels of government. No grading or filling in wetland basins should commence until all necessary permits have been obtained. This wetland delineation meets the standards and criteria described in the 1987 U.S. Army Corps of Engineers Wetland Delineation Manual and Regional Supplement and the results represent the conditions present at the time of the field investigation. ( ( I certify that this plan, document and report were prepared by me or under my direct supervision. If you have and questions, please feel free to call. Sincerely, Brian Burgner, WDC Reviewed by Franklin J . Svoboda Professional Wetland Scientist October 12, 2009 Date Appendix SVOBODA ECOLOGICAL RESOURCES Wetlands Inventory & Delineation• Fisheries• Wildlife• Natural Communities Project/Site: 3382 Bays ide Road City/County: Orono/Hennepin Sampling Date: _1_0_-7_-0_9 __ _ Applicant/Owner: _M_i_ch_a_e1_H_a_th_w_ai_re _____________________ State : _MN ___ Sampling Point: SP 1-1 UP A lnvesligator(s): _B_K_B ________________ Section, Township, Range : Part of Section 5, Tl 18N, R23W Landform (hillslope , terrace, etc.): Upslope Local relief (concave, convex. none): _N_o_n_e ________ _ Slope(%): Lat:-------------Long :--------------Datum: _1_98_3_U_T_M_, ----- Soil Map Unit Name: Hamel-Glencoe NWI classification: _N_0_11_• ------- Are climatic I hydrologic conditions on the site typical for this time of year? Yes..:!._ No __ (If no, explain in Remarks .) Are Vegetation __ , Soil __ . or Hydrology __ significantly disturbed? Are "Normal Circumstances· present? Yes~ No __ _ Are Vegetation __ , Soil __ , or Hydrology __ naturally problematic? (If needed , explain any answers in Remarks .) SUMMARY OF FINDINGS -Attach site map showing sampling point locations, transects, important features, etc . ., Is the Sampled Area within a Wetland? Yes No ., Hydrophytlc Vegetation Present? Yes ___ No --------- Hydric Soil Present? Yes No ., ------Distance from Delineated Edge_io_Ft. Above "' Below Wetland Hydrology Present? Yes No ., ------ Remarks: VEGETATION -Use scientific names of plants . Absolute Dominant Indicator Dominance Test worksheet: Tree S!r!!t!.!!!l (Plot sizes : JO-ft ) 06! QOV!r Species? Status Number of Dominant Species 1. Picea glaw.:11 20 ., FACU That Are OBL, FACW, or FAC: I (A) ------ 2. ------Total Number of Dominant 3. Species Across All Strata: 3 (B) ------ 4. ------ 5 . Percent of Dominant Species 33 ------That Are OBL, FACW, or FAC: (A/B) Total Cover. 20 Sa11ling/Shrub Stratum ( 15,/i ) Prevalence Index worksheet: 1. ------Total % Cover gf: MultiQll£bl£: 2 . ------OBL species x1= 3. ------FACW species x2= 4 . ------FAC species x3= 5. ------FACU species x4= Total Cover. UPLspecies x5= Hirt! ~tratum ( 5-fi I 1-m1 ) Column Totals: (A) (B) 1. Glecoma hedemcea 30 ., FACu ------ 2. .,h,er xp lO ---------Prevalence Index = BIA = ------ 3. Agerotina ahissima j F.-\CU Hydrophytic Vegetation Indicators: ------ 4. laponea canadens1s 20 ., F.\CW -Dominance Test is >50% ------ 5. Par1hc11ru..·1s.m s q111nq11efi,/ia lO FA(--Prevalence Index is s3.0' ------ 6 . ------_ Morphological Adaptations' (Provide supporting 7 . data in Remarks or on a separate sheet) ------_ Problematic Hydrophytic Vegetation 1 (Explain) 8. ------ 9. ------'Indicators of hydric soil and wetland hydrology must 10. ------be present. Total Cover: 75 WQOdl£ Vin! Stra!um ( 10,r, ) 1. ------Hydrophytic 2. Vegetation ., ------Present? Yes ___ No ---Total Cover: Remarks: (Include photo numbers here or on a separate sheet.) US Army Corps of Engineers Midwest Region -DRAFT Version 6-1-2007 .,f {~ SVOBODA ECOLOGICAL RESOURCES t Y,,,;-\7:' /:· H~·rland,. !nvcntw:r & Uc:lincatitm •Fisheries • H'ildlfjt' •Xawral ('om mm,itic.• ... SOIL Sampling Point: SP\-\ UP A Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Mi!!rix Redox Fea1ures (jn!.!J1sl Qolor (moi!lll _L_ QQIO( (!!!Qi~!} _L_ ..hl2!L --1.L Texture R!!!!i!W 0-15 IOYR3/l 100 Loam ------------ 15-19 !OYR 3/1 JOO IOYR 4/2 I D ~I SCL Course/Faint ------------ 19-26 \OYR 4/2 100 SCL ------------ ------------ ------------ ------------ ------------1Tv=: C=Concentration. D=Deoletion. RM=Reduced Matrix. CS=Covered or Coated Sand Grains. 2Location: PL=Pore Linina, M=Matrix. Hydrlc Soll Indicators: Indicators for Problematic Hydric Soils': _ Histosol (A 1) _ Sandy Gleyed Matrix (S4) _ Coast Prairie Redox (A 16) _ Histic Epipedon (A2) _ Sandy Redox (S5) _ Iron-Manganese Masses (F12) _ Black Histic (A3) _ Stripped Matrix (S6) _ Other (Explain in Remarks) _ Hydrogen Sulfide (A4) _ Loamy Mucky Mineral (F1) _ Stratified Layers (AS) _ Loamy Gleyed Matrix (F2) _ 2 cm Muck (A10) _ Depleted Matrix (F3) ___ Depleted Below Dark Surface (A 11) _ Redox Dark Surface (F6) _ Thick Dark Surface (A 12) _ Depleted Dark Surface (F7) 31ndicators of hydrophytic vegetation and _ Sandy Mucky Mineral (S1) _ Redox Depressions (F8) wetland hydrology must be present. 5 cm Mucky Peat or Peat (S3) Restrictive Laver (If observed): Type: Depth (inches): Hydric Soil Present? Yes No II Remarks: HYDROLOGY Wetland Hydrology Indicators: Prima[ll lndica!Ol:l! {minimum of one is r!lQuired; che1,k !!11 tha! a1111l!iJ Seconda!:l£ lndica!ors (minimum of~ r!lQuiredl _ Surface Water (A 1) _ Water-Stained Leaves (89) _ Surface Soil Cracks (86) _ High Water Table (A2) _ Aquatic Fauna (813) _ Drainage Patterns (B10) _ Saturation (A3) _ True Aquatic Plants (814) _ Dry-Season Water Table (C2) _ Water Marks (81) _ Hydrogen Sulfide Odor (C1) _ Crayfish Burrows (CS) _ Sediment Deposits (82) _ Oxidized Rhizospheres on Living Roots (C3) _ Saturation Visible on Aerial Imagery (C9) _ Drift Deposits (83) _ Presence of Reduced Iron (C4) _ Geomorphic Position (02) _ Algal Mat or Crust (84) _ Recent Iron Reduction in Tilled Soils (C6) _ FAG-Neutral Test (D5) _ Iron Deposits (85) _ Thin Muck Surface (C7) _ Inundation Visible on Aerial Imagery (B7) _ Gauge or Well Data (D9) _ Sparsely Vegetated Concave Surface (88) _ Other (Explain in Remarks) Field Observations: Surface Water Present? Yes __ No_.,_ Depth (inches): Water Table Present? Yes __ No_.,,._ Depth (inches): Saturation Present? Yes __ No_.,_ Depth (inches): Wetland Hydrology Present? Yes No t/ -----/includes caoillarv frinael Describe Recorded Data (stream gauge. monitoring well. aerial photos. previous inspections). if available : Remarks: US Army Corps of Engineers Midwest Region -DRAFT Version 6-1-2007 ( SVOBODA ECOLOGICAL RESOURCES Wetlands Inventory & Def ineation •Fisheries • Wildlife • Natural Communities Project/Site: 3382 Bays ide Road City/County: Orono/Hennepin Sampling Date: 10-7-09 Applicant/Owner: _M_ic_ha_e_l _H_at_hw_a_it_e ______________________ State : _MN_i ___ Sampling Point: SP 1-1 UP B lnvestigator(s): _B_K_B ________________ Section, Township , Range: Part ofSec 1io n 5, T l 18N, R23W Landform (hillslope, terrace, etc.): Upslope Local relief (concave , convex, none): _N_o_n_e _________ _ Slope(%): Lat: Long : Datum: _1_9s_3_u_T _M ____ _ Soil Map Unit Name: Hamel -Glencoe NWI classification : _N_o_n_e _______ _ Are climatic/ hydrologic cond itions on the site typical for this time of year? Yes~ No ___ (If no, expla in in Remarks .) Are Vegetation __ , Soil __ , or Hydrology __ significanUy disturbed? Are "Normal Circumstances" present? Yes~ No __ Are Vegetation __ , Soil __ • or Hydrology ___ naturally problematic? (If needed, explain any answers in Remarks .) SUMMARY OF FINDINGS -Attach site map showing sampling point locations, transects, Important features, etc. No_"'--Is the Sampled Area within a Wetland? Yes No t/ Hydrophytic Vegetation Present? Yes --------- Hydric Soil Present? Yes ___ No_"' __ Distance from Delineated Edge_4 _Ft. Above "' Below WeUand Hydrology Present? Yes No "' --- Remarks : VEGETATION -Use scientific names of plants . Absolute Dominant Indicator Dominance Test worksheet: Tree ~!ra!ym (Plot sizes: 30-Ji ) ~ Species? Status Number of Dominant Species 1. Pin:a gfa"':" 15 "' FACU That Are OBL, FACW, or FAC : I (A) ------ 2 . ------Total Number of Dominant 3 . Species Across All Strata: 3 (B) ------ 4. ------Percent of Dominant Species 5. 33 ------That Are OBL , FACW, or FAC: (A/B) Total Cover: 20 Sallling/Shrub Stratum ( 15,(t ) Prevalence Index wor1csheet : 1. ------To!5ll 0& Cover of: Multill~bi,:: 2 . ------OBLspecies x1= 3 . ---FACW species x2= --- 4. ------FAC species x3 = 5. ---FACU species x4= --- Total Cover: UPL species x5 = H~rb S!!!ltU!!] ( 5-J; (1-m) ) Column Totals: (A) (B) 1. Ciiecoma heJeracea 20 "' F.\CU ------ 2. Astersp. 10 ··-····-Prevalence Index = BIA= ------ 3. Agerarh,a ahi.\'sima 2 FACU Hydrophytlc Vegetation Indicators: ------ 4. f_aponca canadensis 20 v FACW -Dominance Test i s >50% ------ 5 . PanhcnociHus q11imp1cfolia 5 FAC--Prevalence Index is s3.01 ------ 6. Omwnda cmnamomea 5 FACW _ Morphological Adaptations' (Provide supporting ------data in Remarks or on a separate sheet) 7 . Rham nus r.:arlhartica iO FACU ------_ Problematic Hydrophytic Vegetati on ' (Explain) 8 . ------ 9 . ------'Indicators ofhydri c soil and wetland hydrology must 10. ------be present. Total Cover: n WoQdl! Vine Stra1um ( 30:/1 ) 1. ------Hydrophytic 2 . Vegetation No_"' __ ------Present? Yes ---Total Cover: Remarks : (Include photo numbers here or on a separate sheet.) US Army Corps of Engineers Midwest Region -DRAFT Version 6-1-2007 ,fx~ SVOBODA ECOLOGICAL RESOURCES \r, .. ,o ·. \;r r ·:· U.~·tland\' hn·e111m :1· & Delince1tio11 • ,..islrerie ... • Wil cl!Ui..· • Satural ( ·o mmuniric.•s SOIL Sampling Po int: SP I-I UP B Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redgx F !:!!lures (ing:ies} QQIOr (moi§I} __jL_ Color (!!!2i~ _% __ ..ImL_ Loc2 Texture Beml!l'.lss 0-5 IOYR 3/2 100 CL ------------ 5-12 2.5Y 514 100 2.5V 612 10 D M CL Course /Faint ------------ IOYR4/2 25 C M ------------ 12-25 2 .SY 5/4 100 !OYR 5/8 15 C M Clay Course/Prom . ------------ ------------ ------------ ------------ 1Tvoe: C=Concentration. D=Deoletion. RM=Reducecl Matrix. CS=Covered or Coated Sand Grains. 2Location: PL=Pore Linina. M=Matrix. Hydric Soll Indicators: Indicators for Problematic Hydric Soils': _ Histosol (A1) _ Sandy Gleyed Matrix (S4) _ Coast Prairie Redox (A16) _ Histic Epipedon (A2) _ Sandy Redox (S5) _ Iron-Manganese Masses (F12) _ Black Histic (A3) _ Stripped Matrix (S6) _ Other (Explain in Remarks) _ Hydrogen Sulfide (A4) _ Loamy Mucky Mineral (F1) _ Stratified Layers (AS) _ Loamy Gleyed Matrix (F2) _ 2 cm Muck (A10) _ Depleted Matrix (F3) _ Depleted Below Dark Surface (A 11) _ Redox Dark Surface (F6) _ Thick Dark Surface (A 12) _ Depleted Dark Surface (F7) 31ndicators of hydrophytic vegetation and _ Sandy Mucky Mineral (S1) _ Redox Depressions (F8) wetland hydrology must be present. _ 5 cm Mucky Peat or Peat (S3) Restrictive Laver (If observed): Type: Depth (inches): Hydric Soll Present? Yes No v' Remarks : HYDROLOGY WeUand Hydrology Indicators: Priml!rt lndl!,!!IOrs (minimum of one is r~uired; check all lhl!! allllilll Secondari: lndi!,!!lori (mj[!i!Jlum of two reguired} _ Surface Water (A 1) _ Water-Stained Leaves (B9) _ Surface Soil Cracks (B6) _ High Water Table (A2) _ Aquatic Fauna (B13) _ Drainage Patterns (B10) _ Saturation (A3) _ True Aquatic Plants (B14) _ Dry-Season Water Table (C2) _ Water Marks (B1) _ Hydrogen Sulfide Odor (C1) _ Crayfish Burrows (CB) _ Sediment Deposits (B2) _ Oxidized Rhizospheres on Living Roots (C3) _ Saturation Visible on Aerial Imagery (C9) _ Drift Deposits (B3) _ Presence of Reduced Iron (C4) _ Geomorphlc Position (D2) _ Algal Mat or Crust (B4) _ Recent Iron Reduction in Tilled Soils (C6) _ FAC-Neutral Test (D5) _ Iron Deposits (B5) _ Thin Muck Surface (C7) _ Inundation Vis ible on Aerial Imagery (B7) _ Gauge or Well Data (D9) _ Sparsely Vegetated Concave Surface (B8) _ Other (Explain in Remarks) Field Observations: Surface Water Present? Yes __ No_.,_ Depth (inches): Water Table Present? Yes __ No_.,_ Depth (inches): Saturation Present? Yes __ No_.,_ Depth (inches): Wetland Hydrology Present? Yes __ No t/ ---(includes caottlarv frinae) Describe Recorded Data (stream gauge . monitoring well, aerial photos, previous inspections). if available : Remarks : US Army Corps of Engineers Midwest Region -DRAFT Version 6-1 -2007 Melanie Curtis From: Sent: To: Cc: Subject: Attachments: Michael Melanie Curtis Friday , October 02 , 2009 2 :03 PM Huthwaite , mike 'Jeremy Steiner'; 'Amundsen , Darren T' Engineer Comments for 09-3428 -3328 Bayside Rd 09-3428 3382 Bayside Rd 10-2-09.pdf Please see the attached City engineer's comments on the proposed plans. These comments must be addressed prior to placement on the City Council agenda for final approval. The final bullet relating to the sediment and erosion control plan must be addressed with the building permit along w ith submittal of an additional escrow. During one of our meetings I understood that the buckthorn hedge was to be removed and replaced with an alternate screening. The landscape plan contemplates leaving the existing buckthorn hedge in place . Please clarify. Our engineer believes a wetland delineation is necessary. The City's wetland map does not indicate any wetlands on the property, however the City's map is a reference tool and does not rule out additional wetland areas . Please submit a wetland delineation report from a wetland specialist either verifying or denying existence of wetlands on the property. If wetlands are present, the delineated edge must be shown on the survey and the proposal to redevelop the site will trigger the City's wetland ordinance . Please contact me if you have any questions. Melanie M elan ie Cu rti s Planning & Zoning Coordinator City of Orono 2750 Ke lley Parkway Orono, MN 55 3 56 D i r ect Dial: 952 .249.4627 Fa x: 9 52.24 9 .4616 Pla n ning & Zon i ng Office 9 52.249.4620 Em a i l : mcurt is@ci.orono .mn .us Webs ite: www .ci.orono .mn .us 1 Melanie Curtis From: Sent: To: John Gleason [John .Gleason@dnr.state .mn .us] Wednesday , October 14 , 200911 :17 AM Melanie Curtis Subject: RE : Review of plans for 3382 Bayside Road , Orono Melanie, I hadn't caught that aspect of their proposal so thanks for bringing it to my attention. I checked the Public Waters Inventory and that creek is not a Public Watercourse so the DNR does not have jurisdiction over the bridge proposal. Regards , Jack John (Jack) Gleason , Area Hydrologist -West Metro MN DNR Waters 1200 Warner Road St. Paul , MN 55106 651-259-5754 (W) 651-772-7977 (F) John .Gleason@state .mn .us Visit our website at: http//:mndnr.gov ( http://mndnr.gov ) »> Melanie Curtis <MCurtis@ci.orono.mn .us > 10/14/2009 11 :05 AM»> Thanks Jack. Do you have any concerns regarding the proposed bridge over the creek? Melanie Melanie Curtis 11 952 .249.4627 I mcurtis@ci.orono.mn .us -----Original Message----- From : John Gleason [mailto:John.Gleason@dnr.state.mn .us] Sent: Wednesday, October 14, 2009 10 :52 AM To : Melanie Curtis Subject: Re : Review of plans for 3382 Bayside Road , Orono Melanie , Thank you for the opportunity to comment on this variance request. Regarding the variance to impervious coverage in the 75-250' setback, if it is determined that there is valid hardship and that the excess impervious percentage is reasonable , I would like to suggest that the variance could be approved with condition or conditions that mitigate the impact i.e. a rain garden or a vegetative buffer in an appropriate location on the site . Regards , Jack John (Jack) Gleason , Area Hydrologist -West Metro MN DNR Waters 1200 Warner Road St. Paul , MN 55106 1 651-259-5754 (W) 651-772-7977 (F) John .Gleason@stat e .mn .us Visit our website at: http//:mndnr.gov ( http ://mndnr.gov ) »> Melanie Curtis <MCurtis@ci.orono .mn .us > 10/14/2009 10:10 AM>» Jack Please comment on the attached proposal if appropriate From the Legal Notice: 09-3428 Michael & Marilyn Huthwaite , 3382 Bayside Road , LR-1A zoning district, request the following variances in order to build a new single family residence on the property : lot area , lot w idth , 75 ' creek setback , hardcover variance to allow 11.2% hardcover within the 0-75 ' zone where 11.4% hardcover currently exists and 0% is allowed and to allow 33 .6% hardcover within the 75'-250' zone where 11 .1 % exists and 25% is normally allowed , and a conditional use permit for grading within 75' of the creek in order to stabilize the creek bank . Since the legal notice publication , wetlands have been found within the creek bed and I have also attached the wetland delineation report for your information. I am awaiting approval & comments by the Minnehaha Creek Watershed District for this delineation and Minn RAM assessment. This proposal for variances is going to be presented to the Orono Planning Commission on Monday , October 19 and will tentatively be presented to the City Council as soon as November 9th for final approval. Please contact me if you require additional information . Thank you . Melanie Melanie Curtis Planning & Zoning Coordinator City of Orono 2750 Kelley Parkway Orono , MN 55356 Direct Dial : 952.249.4627 Fax: 952 .249.4616 Planning & Zoning Office 952 .249.4620 Email : mcurtis@ci.orono .mn .us<mailto:mcurtis@ci .orono .mn .us > Website: www .c i.orono .mn .us<http ://www .c i.orono .mn .us > 2 CERTIFICATE OF MAILING STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. ) CITY OF ORONO ) I, Monica Fadness, of the City of Orono , Hennepin County, Minnesota , do hereby certify that a Notice of Public Hearing concerning the matter of #09-3428, was mailed to the attached list of property owners. In Witness Whereof, I have hereunto set my hand and seal this 9th day of October, 2009. ~~ Monica Fadness CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone (952) 249-4600 Fax (952) 249-4616 NOTICE The Planning Commission will hold public hearings in the Orono Council Chambers at 2780 Kelley Parkway on Monday, October 19, 2009, beginning at 6:30 p.m. on the matter of review ing the following land use applications : 09-3405 Frank Masserano Ill on behalf of International Ministerial Fellowship , 2477 Shadywood Road , B-4 zoning district , requests a commercial site plan review and 500 '-1000' zone hardcover variance to allow 44 .2% hardcover where 45 .9% currently ex ists and 35% is normally allowed i n order to construct a new covered entry and a rear deck on the existing building and remove hardcover on the property . 09-3418 Dennis Batty on behalf of Brook Investment Group LLC , 3421 to 3435 Shoreline Drive, B-1 zoning district , requests commercial site plan approval to enlarge the existing commercial building with additions to each end . The proposal includes structural coverage , hardcover, parking lot setback and building setback variances as well as a variance to the number of required parking spaces . 09-3425 Hugh P. Morris on behalf of James Johnson, 650 Big Island , RS zoning district , requests an after-the-fact conditional use permit and after-the-fact hardcover variance for lake-side retaining walls and a patio within 75 ' of the OHWL. 09-3428 Michael & Marilyn Huthwaite , 3382 Bayside Road , LR-1A zoning district , request the following variances in order to build a new single family residence on the property : lot area, lot width, 75 ' creek setback, hardcover variance to allow 11.2% hardcover within the 0-75 ' zone where 11.4% hardcover currently exists and 0% is allowed and to allow 33 .6% hardcover within the 75 '-250 ' zone where 11.1 % exists and 25% is normally allowed , and a conditional use permit for grading within 75 ' of the creek in order to stabilize the creek bank. 09-3429 Karen Feyo , Mark Fuller and Stacy Nakaya , 4055 Elm Street, LR-1 B zoning district , request renewal of a lot area variance in order to build a new single family residence on the vacant property . 09-3430 WJM Properties , LLC, 2605 Wayzata Boulevard , I zoning district , requests renewal of a commercial site plan review and conditional use permit in order to construct an addition to the existing building and complete construction of parking lot improvements . 09-3431 Wagener Properties , Inc. 3615 North Shore Drive , LR-1 B zoning district , requests a cond itional use permit in order to conduct s ite grading in excess of 500 cubic yards on the residential property . 09-3432 Chris Gerardi , General Manager, on behalf of the Wayzata Country Club , 200 Wayzata Boulevard , RR-1 B zoning district, request a conditional use permit to construct an addit ion to the existing maintenance building at 430 Old Long Lake Road . RUN DATE: 9/25/2009 38 05 -117-23 13 0012 BLAIR MILESKI & APRIL NEWTON 3420 BAYSIDE RD BLAIR MILESKI & APRIL NEWTON 3420 BAYSIDE RD LONG LAKE MN 55356 38 05-117-23 13 0032 TROY KENNEDY 3405 EASTLAKE ST TROY KENNEDY 3405 EASTLAKE ST LONG LAKE MN 55356 38 05-117-23 13 0042 M &NHUNSLEY 3464 EASTLAKE ST MARK A HUNS LEY 3464 E LAKE ST LONG LAKE MN 55356 38 05-117-23 13 0046 MA RK W ERHARD ET AL 38 ADDRESS UNASSIGNED MARK W ERHARD 38 05 -117 -23 14 0030 REGINA ENGEBRJTSON 315 CRESTVIEW A VE R EG INA ENGEBRITSON 3 15 CRESTVIEW A VE LONG LAKE MN 55356 38 05 -117 -23 14 0034 ESTHER M ADDISON 38 ADDRESS UNASSIGNED MRS A L ADDISON 3382 BAYSIDE RD LONG LAKE MN 55356 38 05 -117 -23 14 0037 ESTHER M ADDISON 38 AD DRESS UNASS IGNED MRS A L ADDISON 3382 BAYSIDE RD LONG LAKE MN 55356 HENNEPIN ( TY P R OPER TY INFOR MATION SYSTEM (PROPERTY ov\ 38 05-117-23 13 0029 ESTHER M ADDISON 38 ADDRESS UNASSIGNED ESTHER M ADDISON 3382 BAYSIDE RD LONG LAKE MN 55356 38 05 -117-23 13 0035 REBECCA LYNN HOLZEM 3407 EASTLAKE ST REBECCA LYNN HOLZEM 3407 EASTLAKE ST LONG LAKE MN 55356 38 05 -117-23 13 0043 MARK W ERHARD/LISA N ERHARD 3444 EASTLAKE ST MARK W ERHARD 3444 LAKE STE LONG LAKE MN 55356 38 05 -117-23 13 0052 TROY KENNEDY 3415 EASTLAKE ST TROY KENNEDY 3415 EASTLAKE ST LONG LAKE MN 55356 38 05-117-23 14003 1 WENDY SULLIVAN 325 CRESTVIEW A VE WENDY SULLIVAN 325 CRESTVIEW A VE LONG LAKE MN 55356 38 05-117-23 14 0035 A L ADDISON ET AL 3382 BAYSIDE RD MRS AL ADDISON 3382 BAYSIDE RD LONG LAKE MN 55356 38 05 -117 -23 14 0039 PATRICKJ SKEIE 340 TONKA A VE PATRICKJ SKEIE 5710 NORTH ARM DR MOUND MN 55364 S LIST) 38 05-1 17-23 13 0030 D & S ESTERS 3400 BAYSIDE RD DANIEL & SANDRA ESTERS 3400 BAYSIDE RD LONG LAKE MN 55356 38 05 -1 17-23 13 0036 ELENA OVSY ANNIKOV A 3409 EASTLA KE ST ELENA OVSY ANNIKOV A 3409 EASTLAKE ST LONG LAKE MN 55356 38 05-1 17-23 13 0044 TE RADKE & MA RADKE 3424 EASTLAKE ST THOMAS E& MARGARET A RADKE 3424 EASTLAK E ST LONG LAKE MN 55356 38 05-117-23 14 0008 J W WOJCIK & KL WOJCIK 33 10 BAYSIDE RD JOHN W WOJCIK & !UT L WOJCIK 33 10 BAYSIDE RD LAKE LAKE MN 55356 38 05 -11 7-23 14 0033 BERT L ADDISON ETAL 38 ADDRESS UNASSIGNED MRS A L ADDI SON 3382 BAYSIDE RD LONG LAKE MN 55356 38 05-117-23 14 0036 ESTHER MADDISON 38 ADDRESS UNASS IGNED MRS A L ADDISON 3382 BAYSIDE RD LONG LAKE MN 55356 38 05-117-23 14 0043 THOMAS R BETZ 300 CRESTVIEW A VE THOMAS R BETZ 300 CRESTVIEW A VE LONG LAKE MN 55356 PAGE : RECEIVED SEP 2 8 ZOU~ CITY OF ORONO RUN DATE: 9/25/2009 38 05-117-23 14 0052 BARBAR.A JOANNE HUBER 3390 BA YSJDE RD BARBAR.A JOANNE HUBER 3390 BA YSJDE RD LONG LAKE MN 55356 38 05-117-23 14 0058 SUE P WHITNEY 3300 BAYSJDE RD SUE P WHITNEY 3 300 BA YSJDE RD LONG LAKE MN 55356 38 05-117-23 14 0062 M J EDMONDS & S A M EDMONDS 3 30 TONKA A VE MICHAEL J EDMONDS 330 TONKA A VE LONG LAKE MN 55356 38 05-117-23 41 0016 TL ANDERSON & D R ANDERSON 400 OXFORD RD DA VJD & T LINDSAY ANDERSON 400 OXFORD RD LONG LAKE MN 55356 AS lT APPEARS THIS DATE ON THE R DATE: SEP Z 5 2009 HENNE!{ >UNTY PROPERTY INFORMATION SYSTEM (PROPERT 38 05-117-23 140056 J F LEHMEYER & TL LEHMEYER 320 CRESTVIEW A VE JOHN & TRUDY LEHMEYER 320 CRESTVIEW A VE LONG LAKE MN 55356 38 05-117-23 140060 TROY W KENNEDY 3403 EASTLAKE ST TROY W KENNEDY 3403 EASTLAKE ST LONG LAKE MN 55356 38 05-117-23 14 0063 LE BAUTISTA & L J BAUTlSTA 270 CRESTVIEW A VE LEWIS E & LESLIE J BAUTISTA 270 CRESTVIEW A VE LONG LAKE MN 55356 38 05-117-23 41 0022 J H MEREDITH& M B MEREDITH 405 OXFORD RD MARY ANN & JOHN MEREDITH 405 OXFORD RD LONG LAKE MN 55356 RVICES DEPARTMENT. ~ERS LIST) 38 05-117-23 14 0057 W R STEPHENS Ill ET AL 350 CRESTVIEW A VE WINFIELD R STEPHENS llI 3 770 BA YSJDE RD LONG LAKE MN 55356 38 05-117-23 14 0061 PA & K SSKOOG 280 TONKA A VE PHILIP & KAREN SKOOG 280 TONKA A VE LONG LAKE MN 55356 38 05-117-23 14 0064 JEREMEY HILL 3348 BA YSJDE RD JEREMEY S HILL 3348 BAYSIDE RD LONG LAKE MN 55356 38 05-117-23 41 0023 JON H SCHWARTZMAN ET AL 425 OXFORD RD JON H SCHWARTZMAN 2905 FERRY ST N ANOKA MN 55303 PAGE: 2 RUN DA TE: 9/25/2 3805-117-23 13 0012 BLAIR !y!ILESKJ & APRIL NEWTON 3420 BA YSJDE RD BLAIR MILESKI & APRJL NEWTO N 3420 BA YSJDE RD LONG LAKE MN 55356 38 05 -117-23 13 0032 TROY KENNEDY 3405 EASTLA ST EDY 38 05-1 I 7-23 I 3 0042 M &NHUNSLEY 3464 EASTLAKE ST MARK A HUNSLEY 3464 E LAKE ST LONG LAKE MN 55356 38 05-117-23 14 0030 REGINA ENGEBRJTSON 3 I 5 CRESTVIEW A VE REGINA ENGEBRJTSON 3 I 5 CRESTVIEW A VE LONG LAKE MN 55356 NG LAKE MN 55356 \ /TY PROPERTY IN FORMATION SYSTEM (PROPERTY 0\ 38 05-117-23 13 0029 ~ ESTHER M ADDI 1 38 ADDRESS ASSIGNED ESTHER ADDISON 38 05-117-23 13 0035 REBECCA LYNN HOLZEM 3407 EASTLAKE ST REBECCA LYNN HOLZEM 3407 EASTLAKE ST LONG LAKE MN 55356 38 05-117-23 13 0043 MARK W ERHARD/USA N ERHARD 3444 EASTLAKE ST MARK W ERHARD 3444 LAKE STE LONG LAKE MN 55356 38 05-117-23 13 0052 TROY KENNEDY 38 05-117-23 14 0031 38 05-117-23 14 0039 PA TRICK J SKEI / ~· :SLIST)~f 38 05 -1 17-23 13 0036 ELENA OVSY ANNIKOV A 3409 EASTLAKE ST ELENA OVSY ANNlKOV A 3409 EASTLAKE ST LONG LAKE MN 55356 38 05-1 I 7-23 I 3 0044 TE RADKE & M A RADKE 3424 EASTLAKE ST THOMAS E & MARGARET A RADKE 3424 EASTLAKE ST LONG LAKE MN 55356 38 05 -1 I 7-23 I 4 0008 J W WOJCIK & K L WOJCIK 33 IO BAYSIDE RD JOHN W WOJCIK & KIT L WOJCIK 33 IO BAYSIDE RD LAKE LAKE MN 55356___) ----- 38 05-1 I 7-23 I 4 0043 THOMAS R BETZ 300 CRESTVIEW A VEJI THOMAS R BETZ 300 CRESTVJEW A VE LONG LAKE MN 55356 --------- PAGE: RECEIVED SEP 2 8 ZOU~ CITY OF ORONO RUN DATE: 9/25/2009 ..____ ____ _ 38 05-117-23 14 0058 SUE P WHITNEY 3300 BAYSIDE RD SUE P WHITNEY 3300 Bf, YSIDE RD LONG LAKE MN 55356 38 05 -117-23 14 0062 M J EDMONDS & S A M EDMONDS 330 TONKA A VE MICHAEL J EDMONDS 330 TONKA A VE LONG LAKE MN 55356 :"ff7-23 41 0016 T L ANDERSON & D R ANDERSON 400 OXFORD RD DAVID & T LJNDSA Y ANDERSON 400 OXFORD RD LONG LAKE MN 55356 AS IT APPEARS THIS DA TE ON THE DATE : SEP Z 5 2009 .)UNTY PROPERTY INFORMATION SYSTEM (PROPERi NERS LIST) 38 05-117-23 14 0057 -==-1 38 05-117-23 14 0063 LE BAUTISTA & L J BAUTISTA 270 CRESTVIEW A VE LEWIS E & LESLIE J BAUTISTA 270 CRESTVIEW A VE LONG LAKE MN 55356 38 05-117-23 41 0022 VICES DEPARTMENT. P A & K S SKOOG / 280 TONKA A VE / PHILIP & KAREN SKOOG 280 TONKA A VE LONG LAKE MN 55356 38 05-117-23 41 0023 JON H SCHWARTZMAN ET AL 425 OXFORD RD JON H SCHWARTZMAN 290 5 FERRY ST N ANOKA MN 55303 PAGE : October 5, 2009 City of Orono P.O. Box 66 Crystal Bay, MN 55323-0066 Attn: Orono Planning Commission After reviewing a proposed plan for the construction of a new residence for Michael and Marilyn Huthwaite at 3382 Bayside Road, and being the personal representative for the estate of Esther M. Addison and adjoining neighbor at 3390 Bayside Road, I have no objection to the project. Sincerely, Barbara J. Huber For Office Use Only: Meeting Datemme: City of Orono Pre-Application Meeting Form (This form is to be completed by a City Planner during your pre-application meeting.) City Planner: , [t J JVl e1 { {LAA,, e,; 1), f PC Date: ____ J ________ _ What is the purpose of a pre-application meeting? Pre-application meetings aid the applicant in preparing a complete proposal, inform them of the procedures and requirements of the city code , and identify policies or regulations that create opportunities or problems for the proposal. P~OPERTY INFORMATION: 4 (7 0 /J fY A ( °,A 11 • Site Address: 'J '.,.)O v Jv'lt1r .)l {/-{-/ Property Identification Number (PIN): Zoning District: Size of Property: DESCRIPTION OF REQU · T: " /' 'E~verage Setback Side Yard Setback ~-ardcover 0'-75' Hardcover 75 '-250' ')ii"Rear Yard Setback ~ardcover 250'-500' >{ Lot Width )alake/Front Yard Setback D Hardcover 500'-1000 ' D Lot Coverage D Other: 0 ' V Applicant's HARDSHIP: Applicant and/or Owner has received the Hardship Documentation Initials : Owner's Form, understands it as it has been explained to them, and is aware that it must be Initials: completed and submitted in conjunction with their formal variance application. Applicant's BILLS AND ESCROW: Applicant and/or Owner shall pay for consultant expenses Initials: incurred in review of this application and/or additional staff time not covered in Owner's initial application fee , as well as provide an escrow in the amount Initials: $ lS01 .. 0 0 to guarantee payment of the above. OTHER INFORMATION: *Please note: Your variance application will NOT be accepted without a pre-application meeting during which this form will be completed by City staff. Applicant Signature: --------------- Owner Signature: ---------------- Date: Date: Last Updated : 5/11 /2009 RECEIVE D SEP 2 1 2009 ------ of City of Orono Pre-Application Meeting Form {This form is to be completed by a City Planner during your pre-application meeting.) What is the purpose of a pre-application meeting? Pre-application meetings aid the applicant in preparing a complete proposal, inform them of the procedures and requirements of the city code, and identify policies or regulations that create opportunities or problems for the proposal. PROPERTY INFORMATION: ,;;?-(,2 ~/l /'/.-/. j ,? •• Site Address: · :)? ~ .J~ 7:>'l ~ Property Identification Number (PIN): · ----------------------2 on in g District: Size of Property: DESCRIPTION OF REIT: \,,,(b, \ ,-,,<] Olf2(!_);'<-~ ~ ~verage Setback Side Yard Setback ):s/'ear Yard Setback ~yike/Front Yard Setback 94:jardcover 0'-75' Hardcover 75'-250' ~ardcover 250'-500' D Hardcover.500'-1000' /o Lot Coverage V Lot Area X'.;L.ot Width . D Other: . · . V Applicant's \Ai\\ HARDSHIP: Applicant and/or Owner has received the Hardship Documentation Initials: ~\(~ Owner's · Form, understands it as it has been explained to them, and is aware that it must be Initials: completed and submitted in conjunction with their formal variance application. Applicant's ~\.\-BILLS AND ESCROW: Applicant and/or Owner shall pay for consultant expenses Initials: incurred in review of this application and/or additional staff time not covered in I Owner's I. inittal a:plication fee, as well as provide an escrow in the amount of Initials: 1 $ '1fi5' ).oO to guarantee payment of the above . 1 OTHER INFORMATION: *Please note: Your variance application will NOT be accepted without a pre-application meeting during which this form will be completed by City staff. . '-:t, ~ ApplicantSignatureM,~\l~/i'n ~f-~-OatJe: ~\S ,o~ Owner Signature: Date: ------ Last Updated : 5/11/2009 RECEIVED SEP 2 1 2009 # 3 4 2 8 r"fiv'f'©Fni)RtMNO I . . . . . B9/1 6/2B09 07:09 4062 4 34930 flNANCIAL AID PAGE 03/03 SEP. 15. 20 09 3:5 8PM EDINA REALT Y Wayzata NO. 626 3 P. 4 :·····. ::·· ...... ·.·.:.. ·, ·,' ,· . ..,.iQ,...,._~...;:...~""""'--:~,'l--"""!"~-,.!~r"!""""-L--:--f~--"--~-,..~W9'-,-j,,...___~....,..----,...,:,__,,_.,....,.:..:-,.-~. • :· .-.. I .~: , ;, : .• : •• ::. • '.(:·:\ ···.::\ \: ·., ·_t•' ·-. •'1 '\ ·fil./+:, ·HARDSHiP: .':Ap~lca~--~~~r-&:/\~~ -~~ ih~-H~rdshl~:--~~~~~ · : /:i./·i '·· ... ·, Form, understands it as it has been expialned to .them, and Is awarethatit'must be :··· .··:, , .·.:. _ i-:. / · 1:. ~plet~ .. ~n~.SP.b~itfed}n .~~~'.~ct\~l'.l.~~h ~~irf9~I V~rl9"~-;a~pl-~ca.(lon ., :_'.'.-.. /_ : -_i/"..'..\' .-· /· :,. · .. ·.811,.1..S AND ESCROW; Appiicant and/or,Ownet 8hall,pay for. ~n~u\tant. e)(j:lenses ·: · ·. · · · i . · · ·. ,~curred In review of th~ appli(:ati~n .and/or addJtional staff' tlme.:-not covered in · . :--.':F .. ':. ~ .. ·. initial ~Plication . fee; -as ·WSll · ·as .provide-an ·.~w. in , the . amount . :of . _ •, ·. ,1.nJtlals: •: . 1)..) ff .. $-1:'5m.ei0 tp g~rantee 'payme,ntofttie abQYe ;, >:>'. :;,; :·. •,. · .. , ·.\. l,. .:_.-_ ·.:: •; · ::_ :·: ·. · '. · · : · ·QTHl5RINf.ORMAT10N~ · '·:·,·:. : ~ .. ;::.'·: ... ·: '.· :::_::-.:,: -: .. , . . . ',•, ••.= •,,',•, • ..... •, : :"•, ; ; I o ... ': ' •: ;:_' • •• : • I ' I • • • l • 11• • : o · ·1 . I ' \ I O '': • '' : • I \ ... ,-.• ~.~ ,;z.. ..... _--~':-(,".;,~<';• .. t~·· ·· •; , ~ • ... I I. ;' ':'•:,·,.;·, ,'.!.'• : .. ,. •:,•.,-~l\;'_!.-~.:· ... (, ,,.·,{,·.,I'.">:·:,~~--.~::,,, ',\~.,~;·I.::. ;o ,;·:;:,.,·,~:;,;,·_~1,_· --.<~:·-.~:·.; ',;·,,,.,• ,' ,1,•' ·,. • .-•• ::; •• ·: ,, 1 • :>1 ,•;-·· · ... :-~. · .. ;; :l· :-: 1 ''):,·•,;,_:.•:?)i-~;, .. :.'.:,<:,;;,(:'. :'i :;:~t-·\':·-: ;: -·. . .. .-··::, ::~ :l ::.~ ~~~.-~~= -Y~ur ~~ri~~ce -~plicati.Cin ~~l :N~.:;~ ~~~~~:~;~-~;~~~~~dii~i~~ ~~ng d~~g · · .:·.:. -~::.: .·:: ~ .. : · · whlc.h thls.~tm wi11 be o~pleted,_by.,Clty staff.:_:· .. · .. ·."' -1.,: ::·, ·.:_·y, ::. · · . .-: .. ·• '-. · .. _. ·: · .-. ·· ·::··.· . ·. · ·. ·.·. · ·_. ·· : , · . .. f ~i~~.'. s>~if:8 :,;,::·;::./~· :~ .· .. , •,· ::·L~ :.' :,::;:· : ,. o-.r,11•~ .JJa::,;,li4iu2fi'.DJ\ YtM? ".' · • . :. :•,qt 1s ?n .. ( ,\ /, : ;::,. ,. ;A . \-_·_· :::-'i-~-~/11.1i'm?! ,. ( ,_:---. .-:·\ :. ~-.· : .. :' :: >; -·· ··\:: .... <_· =·· .. : .. ; _· ·-_\ .. ·.::'-·._ .. .:.._. :> _-:·.<i. _:·_'.>'I l . ' : RECEIVED J!PJ,~r:~~> # 3 4 2 8 MEMORANDUM Date: To: From: RE: 29 September 2009 Tom Kellogg , City Engineer Melanie Curtis , Planning & Zoning Coordinator File #09-3428 -3382 Bayside Road Please review the enclosed information for a variances and a CUP to construct a new home and other site improvements and provide comments by or before October 8th for the October 19th Planning Commission meeting. Please call me at 952.249.4627 if you need additional information or if you have any questions on the attached information. Thank you, CITY of ORONO 25 September 2009 Dear Applicant: Street Address: 2750 Kelley Parkway Orono, MN 55356 RE: October Planning Commission date Municipal Offices Mailing Address : P.O. Box 66 Crystal Bay, MN 55323-0066 You received a letter from me, dated September 241h related to your recent land use application . Within this letter there was a typo regarding the date of the October Planning Commission meeting . The October Planning Commission date is Monday, October 19th at 6:30 pm. Not as previously noted . I apologize for any confusion this may have caused . Please feel free to contact me by phone at 952.249.4267 or email mcu rti s@ci.orono .mn .us . Sincerely, CITY OF ORONO Melanie Curtis Planning & Zoning Coordinator Telephone (952) 249-4600 • Fax (952) 249-4616 www.ci.orono.mn.us CITY of ORONO Michael & Marilyn Huthwaite 7155 Ainsworth Dr Germantown , TN 38138-2565 Street Address: 2750 Kelley Parkway Orono, MN 55356 REQUEST FOR FURTHER INFORMATION SUBJECT: Zoning Application #09-3428 Municipal Offices Mailing Address: P.O. Box 66 Crystal Bay , MN 55323-0066 The City of Orono is required to notify you within fifteen (15) business days as to the status of your application for variances and a cond itional use permit for property located at 3382 Bayside Rd . Below is a list of items the City of Orono is requesti ng to complete our review : ./ Two (2) original scaled copies of the certificate of survey , and a reduced copy (11 'x17' or smaller), indicating the following : o existing topographic contours extend i ng 50' past the property boundaries , and o proposed stormwater dra inage and proposed site grading (please indicate total cubic yards of proposed earth movement on/off site) . ./ Certified Property Owners List -owners within 350 ' of the subject property, labels and plat map . List , labels and map may be obtained from Hennepin County Department of Finance , Government Center, A-603 300 South 5th Street, Minneapolis , telephone 612 .348 .5910. Appl ication #09-3428 is incomplete. If you wish to proceed with your application please submit the items requested above by Thursday , October 1st at noon in order to remain on the October 21s t Planning Commission agenda. Please call me at 952 .249.4627 or email at mcurtis@ci.orono .mn .us should you have any questions . S incerely , City of Orono Melanie Curtis Planning & Zoning Coordinator c : Barbara Huber 3390 Bayside Rd Long Lake , MN 55356 Jeremy S . Steiner Steiner & Curtiss PA Attorneys at Law 400 Wells Fargo Bank Building 1 O 11 First Street South Hopkins , MN 55343 Telephone (952) 249-4600 • Fax (952) 249-4616 www.ci.orono.mn.us JEREMY S. STEINER* WYNN CURTISS JASON T. HUTCHISON *Real Property Law Specialist, certified by the Minnesota State Bar Association MESSENGER DELIVERY STEINER & CURTISS, P.A. ATTORNEYS AT LAW 400 WELLS FARGO BANK BUILDING 1011 FIRST STREET SOUTH HOPKINS , MN 55343 Writer's Direct Dial No . 952-938-6219 September 21 , 2009 Melanie Curtis, Planning and Zoning Coordinator City of Orono 2750 Kelley Parkway Orono, MN 55356 Re: Variance Application for 3382 Bayside Road Dear Melanie: The following documents are enclosed with this letter: RECEI VE D SEP 2 1 2009 CITY OF ORONO (952) 938-7635 FAX (952) 938-7670 1. Separate copies of the Pre-Application Meeting Form signed by Michael and Marilyn Huthwaite and by Barbara J. Huber, who is the Personal Representative of the Estate of Esther M . Addison, the owner of the property at 3 3 82 Bayside Road. 2. Variance Application with separate signature pages signed by Michael and Marilyn Huthwaite and Barbara J. Huber. 3. Completed Hardship Documentation Form submitted m support of the Variance Application. 4. Land Use Application Escrow Agreement signed by Michael and Marilyn Huthwaite. Please arrange to have the Escrow Agreement signed by the City of Orono and return a copy to me. 5. The Huthwaites' check, in the amount of $3 ,200.00, payable to the City of Orono, for the Variance Application fee and escrow fee. 6. Certified Property Owner's List and mailing labels from Hennepin County. Rick Hendel and Mark Gronberg will file the survey, proposed plans and hardcover calculations with you before noon on Wednesday, September 23. I believe those are the only documents that must be filed by noon on September 23 to proceed with processing and approval of the V aria1f /"'1ca 4 tion.:t a Huthwa1te/CurtisLtr :; Melanie Curtis , Planning and Zoning Coordinator September 21, 2009 Page 2 RECEIVED SEP 2 1 2009 CITY OF ORONO be out of the office through Wednesday, returning on Thursday morning. If you have questions while I am gone or need to receive additional documents or information before the filing deadline, would you please contact my associate, Jason Hutchison at 952-253-0070. JSS/gmw Enclosures cc via email (w/encls.): Huthwaite/CurtisLtr Michael Huthwiate Rick Hendel Mark Gronberg Sincerely, #3428 JEREMY S . STEINER* WYNN CURTISS JASON T . HUTCHISON *Real Property Law Specialist, certified by th e Minnesota State Bar Association MESSENGER DELIVERY STEINER & CURTISS, P.A. ATTORNEYS AT LAW 400 WELLS FARGO BANK BUILDING 1011 FIRST STREET SOUTH HOPKINS, MN 55343 Writer's Direct Dial No. 952-938-6219 September 28, 2009 Melanie Curtis, Planning and Zoning Coordinator City of Orono 2750 Kelley Parkway Orono, MN 55356 Re: Variance Application for 3382 Bayside Road Dear Melanie: (952) 938-7635 FAX (952) 938-7670 Enclosed with this letter is the certified property owners' list of property owners within 350 feet of 3 3 82 Bayside Road. Sincerely, f Md '! ~ iv-- Jeremy S. Steiner JSS /gmw Enclosure Huth wa ite /C urti s Ltr2 H Hennepin County Mailing Label Receipt Provided By: Taxpayer Services Department Company or Homeowner Name: Steiner & Curtis Contact Person: Ginger Wood Contact Address: 3382 Bayside Road, etc. Orono, MN 38 Contact Phone: 952-938-7635 Comments: Buffer Distance: 350ft Mail Label Count: 33 PIO LIST: Print Date: 9/25/2009 8:24:45 AM TOTAL COST: ~ (rt7:;) cl 33, 75 38 05·117·23 13 0012, 38 05-117·23 13 0029, 38 05-117·23 13 0030, 38 05-117-23 13 0032, 38 05-117-23 13 0035, 38 05-117-23 13 0036, 38 05-117-23 13 0042, 38 05-117-23 13 0043 , 38 05-117-23 13 0044, 38 05-117-23 13 0046, 38 05-117-23 13 0052, 38 05-117-23 14 0008, 38 05-117-23 14 0030, 38 05-117-23 14 0031, 3805-117-23140033, 3805-117-23140034, 3805-117-23140035, 3805-117-23140036, 3805-117-23140037, 3805-117-23140039, 3805-117-23140043, 38 05-117-23 14 0052, 38 05-117-23 14 0056, 38 05-117-23 14 0057, 38 05-117-23 14 0058, 38 05-117-23 14 0060, 38 05-117-23 14 0061, 38 05-117-23 14 0062, 38 05-117-23 14 0063, 38 05-117-23 14 0064, 38 05-117-23 41 0016, 38 05-117-23 41 0022, 38 05-117-23 41 0023, RECEIVED - ~tr 2 8 !'.U(JY CITY OF ORONO I II lj Easy Peet® Labels Use Avery® Template 5160® 38 05-117-23 130012 BLAIR MILESKJ & APRIL NEWTON 3420 BAYSIDE RD LONG LAKE MN 55356 38 05-117-23 13 0032 TROY KENNEDY 3405 EASTLAKE ST LONG LAKE MN 55356 38 05-117-23 13 0042 MARK A HUNSLEY 3464 E LAKE ST LONG LAKE MN 55356 38 05-117 -23 13 0046 MARK W ERHARD t 11 und/v,'de.cL ' t ,, / i 11 01"'-eSt ra Y( e , Va (11Le B-dd ed --fo 3 p-.w-ce{S: -ooC(2.. -00 \/-3 -00 lf <.f 38 05-117-23 140034 MRS A L ADDISON 3382 BAYSIDE RD LONG LAKE MN 55356 38 05-117-23 140037 MRS AL ADDISON 3382 BAYSIDE RD LONG LAKE MN 55356 38 05-117-23 140052 BARBARA JOANNE HUBER 3390 BAYSIDE RD LONG LAKE MN 55356 38 05-117-23 14 0058 SUE P WHITNEY 3300 BAYSIDE RD LONG LAKE MN 55356 38 05-117-23 140062 MICHAEL J EDMONDS 330 TONKA A VE LONG LAKE MN 55356 Etiquettes faciles a peler Utilisez le gabarit AVERY® 5160® ' I I I J I I I I ) .& -!dPaper - Bend along line to expose Pop-Up Edge™ 38 05-1 I7-23 I3 0029 ESTHER M ADDISON 3382 BAYSIDE RD LONG LAKE MN 55356 38 05-117-23 13 0035 REBECCA LYNN HOLZEM 3407 EASTLAKE ST LONG LAKE MN 55356 38 05-117-23 13 0043 MARK W ERHARD 3444 LAKE STE LONG LAKE MN 55356 38 05-117-23 13 0052 TROY KENNEDY 3415 EASTLAKE ST LONG LAKE MN 55356 38 05-117-23 14 0031 WENDY SULLIVAN 325 CRESTVIEW A VE LONG LAKE MN 55356 38 05-117-23140035 MRS AL ADDISON 3382 BAYSIDE RD LONG LAKE MN 55356 38 05-117-23 14 0039 PATRJCKJSKEIE 5710 NORTH ARM DR MOUND MN 55364 38 05-117-23 14 0056 JOHN & TRUDY LEHMEYER 320 CRESTVIEW A VE LONG LAKE MN 55356 38 05-117-23 14 0060 TROY W KENNEDY 3403 EASTLAKE ST LONG LAKE MN 55356 38 05 -117-23 14 0063 LEWJS E & LESLIE J BAUTISTA 270 CRESTVIEW A VE LONG LAKE MN 55356 ' I I I J .. Sens de chargement I Repliez a la hachure afin de : reveler le rebord Pop-Up™ ) I @ AVERY® 5160® l 38 05-117-23 13 0030 DANIEL & SANDRA ESTERS 3400 BAYSIDE RD LONG LAKE MN 55356 38 05-117-23 13 0036 ELENA OVSYANNIKOVA 3409 EASTLAKE ST LONG LAKE MN 55356 38 05-117-23 13 0044 THOMAS E & MARGARET A RADKE 3424 EASTLAKE ST LONG LAKE MN 55356 38 05-117-23 14 0008 JOHN W WOJCIK & KIT L WOJCIK 3310 BAYSIDE RD LAKE LAKE MN 55356 38 05-117-23 14 0033 MRS AL ADDISON 3382 BAYSIDE RD LONG LAKE MN 55356 38 05-117-23 14 0036 MRS A L ADDISON 3382 BAYSIDE RD LONG LAKE MN 55356 38 05-117-23 14 0043 THOMAS R BETZ 300 CRESTVJEW A VE LONG LAKE MN 55356 38 05-117-23 14 0057 WINFIELD R STEPHENS III 3770 BAYSIDE RD LONG LAKE MN 55356 38 05-117-23 140061 PHILIP & KAREN SKOOG 280 TONKA A VE LONG LAKE MN 55356 38 05-117-23 14 0064 JEREMEY S HILL 3348 BAYSIDE RD LONG LAKE MN 55356 www.avery.com 1-800-GO-AVERY I I I I J.. PAGE 02 /03 09/16/2009 07i 09 ·••-4062434930 .· . . . . . . INANCIAL .AID SEP. 15. 2009 3:57PM · EDINA REA LTY Wayzata NO. 6263 P. 3 ; .i .. ' . . . I ·.·. . ·, I ... REQutmm~uEillllTALS=··. . . . · . ; · ........ ·; .. · ....... :.·. -~-· : . ; · · .. · .. · ·.. . ... . ; : ·An '?-1 ~!JOU~ lnfo~atlon .'·n;~, li(-~u~~ltt'~ :~Y:-tti~: ~P.Pl!~tion deadiioe · .li,ate;ln . 'order for_ your · WiPltcatiOn ·to be p~. . . . . ., . ,, . , , ,.:; .. ,. i . :· ;. ' I I '·.~ ,.• • I. • :· ·t. . . ·.: ' ,I • ,•; ·,!,'' .• • ... • .• i' ~ •• •• '. ': •. : •. • ·,· •• t . ; '· j . • ... (1, ~ . AP UC . TAND/OR . ER:. . . · ·; · : . · .• ·~·m provide arlnformatioi'I i°e9Ul~ed or requeste~ by the Planning Departme~t. · ... • . Ag~~ to pay 1ild~ltional ~a (staff ti_me ~ot.covel\ld ~ the orlgirial fee paym_ent) and/or consultant .. ns~ . lnourred In review ~f thlsappltcation, and , J . · . ·. . • Ce~ that the tnfdtrnatlon &u!)plled is ~· mid cone~~ the best of his/tier knowledge. The appUcant.and •, ~ recogni._ ,..!It tb,ey are . solely ~p~nslble, for ·sub.~na•'. _c,oqipi~t.t{a,PpJtcatl~n be!~e ·~re ' ~ ~pon: fallurt ; to ,do.so, the .staff, has no ab.,rn.f,ive .,~.~ .rt1J~0;1t ~".'61 ll la complete or.~ ~n,mond t,lle ~quest for d•n~I o( J~ "iClil.~ rjii9arcUer,~11>f:ffi1;:potin,a1 rneift. : . · . . . · : ·~~t~:r:zt::a:!t~t!p~:jJ;~rttri~i t~~~'-.~~~~ria~ e~ ·~~to the ;property by c,ty Staff, conau)tarits, ag~n,is, ,Comt:nJsSlo.n·_,:slid Ct>UnCII Membe~ ror. purposes .CJI' lnve:stJ.lJSllon and verification of lhls requ~t.< .'. ;-. ;· · ! . : ~ :".:} o_ \ -•: : . . . .: .. . . . .. , . .. · .. , • APP,lleant and/or t>wner acknowledge'.·~· must· be pnis~ni iif:.•it. ~uled·~~~ me6ltngs. of the Pl•"nlng Comml•lo" and C~un.clJ •. lf,an ap~/l~nt '.a~tU~r ?Wner. ~-unai?IQ to atp,nd e oohe.duled meeting, plea~ .11'.lake a~n~~nts to have an.· ~uthorfied teP,~entative l!tttend ,In place cf ·the appH~nt/Q\'l.lner .a~ a~lte: th~ City P~ne~ assign~ to you~ projeot . . L · · · . . . . . ·, · •. ·· , ··,' . I . • • • I • . . ' • • ' ''" ' ' • some br all of the information ttiet you are asked to ~rovlde . c'n this' application is classified by ·state law ·as either private or ccrrl.idantial Private d~~ ls inf9rmatiO!J wh/ch gene.rally pen,:,ot be givei; to 'ttie PU.bl~ ~ut can· be:alvan to the subject of the data· Confidential data is lnformmtlon which gel')"8IIY cannct be given to eltner the public or D,1& aut,lj~ of th~ data. our:P~~~e:2\11e1 !~t_end~ u~ ' i~fo~.q~ I~ to '&inntia),l)'\1pd~te ..... : our re,cords and ~cords of other gov~memal ag~n~~ ~u! • ~ Y?U · mfuse _;to suppl~ the . Information u,e Ilea on m not be Issued., . · ; · , . . .. :, . : ... . ', . ·'. Applicant'e Signature: :. ! -~ • · • .. ~·. . ; \ \ AppRcant'a S1gn¢ute! · . . = • • ; • . ===-~, : ¥Mh~~ :··~~iil~~~f~~:;.~:f : .,-. ,· • . , · '.,, '. · · :· · > 1· '. rr,.t?\::'.{iyi~ ,;:;'/ >: 'i :. · r:::;: . · lcurt Updated: 11/1°1~09 i ·· • , • 1 I ~· , · · • f ·,··.· ·, :· .. ··, ·/ I ! ! I . RECEIVED SEP 2 1 2009 CITY OF ORON O •' . #3428 ....... ·--···-··---·----·-------·--..... -.... ·-·--·· .... ··~---··-----··-··----------·-·····--···-·------·-·---··-·········--------· ··--·---···-----·----·-----··-----·--------·--··-··-···---··-··,.~---·-...···-··--····-·.__~---·--·· REQUIRED SUBMITTALS: All of the following information must be submitted by the application deadline date in order for your appiication to be processed. · · · I APPLICANT AND/OR OWNER: . . . ·- • Agree to provide all information required or requested by the Planning Department, l • Agree to pay additiona! fees (staff time not covered in the original fee payment) and/or consultant expenses incurred in review of this application, and • Certify that the information supplied is true and correct to the best of his/her knowledge . The applicant and owner recognize that they are solely responsible for submitting a complete application being aware that upon failure to do so , the staff has no alternative but to reject it until it is complete or to recommend the ·requ est for denial of the request regardless of its potential merit. • Acknowledge the Escrow Agreement is completed and signed. • • • The Owner hereby acknowledges and agrees to this ap plication and further authorizes reasonable entry onto the property by City Staff, consultants , agents , Commission arid Council Members for purposes of investigation and verification of this request. · Applicant and/or Owner acknowledge they must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant and/or owner is unable to attend a scheduled meeting , please make arrangements to have an authorized representative attend in place of the applicant/owner and , advise the City Planner assigned to your project. . .· i Some or all of the information that you are asked to provide on th is application is classified by State law as \ e ither private or confidential. P rivate data is information which generally cannot be given to the public but can be given to the subject of the data. Confidential data is information which generally cannot be given to either the pub lic or the subject of the data . Our purpose and intended use of this information is t o annually update our records and records of other governmental agencies required by law. If you refuse to supply the information , the application may not be issued. _i Applicant's Signature: \J,..,J,~=~, Date Applicant's Signature: Owner's Signature: Owner's Signature: Last Upd ated: 5/11/2009 ~J.,t____:__Ji~~te: ---------Date: Date: RECEIVED SEP 2 1 2009 CITY OF ORONO #3428 LAND USE APPLICATION ESCROW AGREEMENT Application# 0 9 ,"tt/'88' AGREEMENT made this ~ day of Sepf ttnJ.:x--12 0£21., by a nd betwee n the CITY OF ORONO . a Minnesota municipal corporation ("City") and Mic.hael and Marilyn H11thwai re [a corporation -optiona~ ("Owne r"). Recitals 1. Owner has filed Zoning Application# 0 q -3tf Z f formally requesti ng the City to rev iew plans for construction of a single-family residence and related improvements located at 3382 Bavside Road the "Subject Property") as more fully shown and described on Exhib it "A" attached hereto. 2 . Owner requests the Ci ty to review said plans which requires City approval including appr o val o f lot size and setback v a riances and grantin~ of a CondiJ;ionaJ Use Permit 3. The City is willing to commence its review of the application and incur costs associated with said review only if the Owner estabiishes an escrow to ensure reimbursement to the City o f its costs NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. DEPOSIT OF ESCROW FUY9S. Contemporaneous ly with the execution of this Escrow Agreement, the Owner shall deposit $ 2,S/Jl) -with the City. All accrued interest, if any , shall be paid to the City to reimburse the City for its cost in administering the escrow account. 2. PURPOSE OF ESCROW. The purpose of the escrow is to guarantee reimbursement to the City for all out-of-pocket costs the C ity has incurred (including planning, engineering , or iegal consultant review) or will incur in meeting with the q wner, J~v)~~J19 the plans , and preparing agenda packet material for City Council review of application # 0 -Ol.f U _ Eligible expenses shall be consistent with expenses the Owner would be responsib le for under a zoning and subdivision application . 3. MONTHLY BILLING. As the City receives consultant bil!s for incurred costs, the City will in turn send a bil! to the Owner. Owner shall be responsible for payment to the City within 30 days of the Owne(s receip t of bill. 4. DISBURSEMENT FROM ESCROW ACCOUNT. In the event that the Owne r does not make payment to the City within the timeframe outiined in #3 above. the City may draw from the escrow account without further appmval of the Owner to reimburse the City for eligible expenses the City has incurred. The City shaH notify the Owner of such draw and the nature of the expense fOi wh ich the reimbursement is being made. If the Escrow amount falls below 75% of the original escrow amount the Owner shall deposit additional sums as directed by the City, or the City shall discontinue all review 5 . CLOSING ESCROW. The Balance on deposit in the escrow, if an y , shall be returned to the Owner when the rev iew has been completed . 6. CERTIFY UNPAID CHARGES. If the project is abandoned by Owner, or if the e ligible expenses incurred by the City exceed the amount in escrow, the City shall have the right to certify the unpaid balance to the subject property pursuant to Minn. Stat.§§ 4"i5.01 and 366 .012 . CITY: CITY OF ORONO , _/ -I ti By : "2;;>fOl-?le 4, /'_LU Qf; I' [,, . I:__,,, Its : ----,l,(,-1---l..--C.-l4---------- OWNER: B0v\\C,lo&\~~flw~ f w~~ Its: #3428 RECEIVED SEP 2 1 2009 CITY OF ORONO -.~ H Hennepin County Mailing Label Receipt Provided By: Taxpayer Services Department PAiD Print Date: 9/16/2009 9:17:26 AM Company or Homeowner Name : Steiner ft Curtis Contact Person : Ginger Wood Contact Address: 3382 Bayside Road , etc. Orono , MN 38 Contact Phone : 952-938 -7635 Comments: Buffe, Distanc C7 MaH label Cou ~t: 16 PID LIST: tv~ SEP 1 6 2(;!.o ::=) TAXPAY-c:R SERVICES HENNEPIN COUNTY, MN TOTAL COST: $25.00 38 05 -117-23 13 0030, 38 05-117-23 13 0032, 38 05-117-23 13 0046 , 38 05-117-23 14 0031 , 38 05-117-23 14 0033, 38 05-117-23 14 0034, 38 05-117-23 14 0035, 3805-117-23140036, 3805-117-23140037, 3805-117-23140039, 3805-117-23140052, 3805-117-23140056, 3805-1 17 -23140057, 3805-117-23140060, 38 05-117-23 14 0064, 38 05 -1 17-23 41 0022 , RECEIVED SEP 2 1 2009 CITY OF ORONO #3428 H Hennepin County Mailing Label Map Provided By: Taxpayer Services Department 1431 OS -117 -2.3 -13 (~I J [ ·--, 1,z1 L' I I OS-117 -23-42 I I i I / E,.;;1 LA.;E~'t 135) rni /' . .,,. .. .f) <· )' r.> I~. l I I I I ' 5:-:J l S1l i I I r---- ! I l 571 ~) 05°1 17-23-1-I 111 ( I l L I I r- l 0 (1€1 For more information contact : Print Date: 9/16/2009 Map Legend : Hennepin County GIS Division 300 South 6th Street Minneapolis, MN 55487 gis. info@co. hennepin . mn. us Map Comments: -Type Comments Here· Water Park Parcel D Buffer Region Selec:ted Parcels -Major Roads Minor Roads ..... ~ ,... ..... Iii~ •1 . " RECEIVED SEP 2 1 200 9 CITY OF O RO NO 8 --"" RUN DATE : 9/t.;/2009 38 05-11 7-23 13 0030 D& S ESTERS 3400 BAYSIDE RD DANIEL & SANDRA ESTERS 3400 BAYSIDE RD LONG LAKE MN 55356 38 05-117-23 14 0031 WENDY SULLIVAN 325 CRESTVIEW A VE WENDY SULLIVAN 325 CRESTVIEW A VE LONG LAKE MN 55356 38 05-1 l?-23 14 0035 AL ADDISON ETAL 3382 BAYSIDE RD MRS AL ADDISON 3382 BAYSIDE RD LONG LAKE MN 55356 38 05-117-23 140039 PATRICK J SKEIE 340 TONKA A VE PATRICKJ SKEIE 5710 NORTH ARM DR MOUND MN 55364 38 05-1 I 7-23 14 01)57 W R STEPHENS III ET AL 350 CRESTVIEW AVE WINFIELD R STEPHENS [I[ 3770 BAYSIDE RD LONG LAKE MN 55356 38 05-117-23 4I 0022 J H MEREDITH& M B MEREDITH 405 OXFORD RD MARY ANN & JOHN MEREDITH 405 OXFORD RD LONG LAKE MN 55356 I CERTIFY THAT THE FACTS REPRESE HENNEPlN COVNTY PROPERTY INFORMATlON SYSTEM (PROPERTY OWl,. ri.S LIST) PAGE: 38 05-117-23 13 0032 TROY KENNEDY 3405 EASTLAKE ST TROY KENNEDY 3405 EASTLAKE ST LONG LAKE MN 55356 38 05-117-23 140033 BERT L ADDISON ETAL 38 ADDRESS UNASSIGNED MRS AL ADDISON 3382 BAYSIDE RD LONG LAKE MN 55356 38 05-117-23140036 ESTHER MADDISON 38 ADDRESS UNASSIGNED MRS AL ADDISON 3382 BAYSIDE RD LONG LAKE MN 55356 38 05-117-23 140052 BARBARA JOANNE HUBER 3390 BAYSIDE RD BARBARA JOANNE HUBER 3390 BAYSIDE RD LONG LAKE MN 55356 38 05-117-23 140060 TROY W KENNEDY 3403 EASTLAKE ST TROY W KENNEDY 3403 EASTLAKE ST LONG LAKE MN 55356 38 05 -11 7-23 13 0046 MARK W ERHARD ET AL 38 ADDRESS UNASSIGNED MARK W ERHARD 38 05-117-23 14 0034 ESTHER MADDISON 38 ADDRESS UNASSIGNED MRS A L ADDISON 3382 BA YS!DE RD LONG LAKE MN 55356 38 05-117-23 14 0037 ESTHER MADDISON 38 ADDRESS UNASSIGNED MRS A L ADDISON 3382 BA YS!DE RD LONG LAKE MN 55356 38 05-1I7-2314 0056 J F LEHMEYER & TL LEH MEYER 320 CRESTVIEW A VE JOHN & TRUDY LEHMEYER 320 CRESTVIEW A VE LONG LAKE MN 55356 38 05-11 7-23 140064 JEREMEY HILL 3348 BAYSIDE RD JEREMEY S HILL 3348 BAYSIDE RD LONG LAKE MN 55356 RECEIVED SEP 2 1 2009 CITY OF ORON O 42 (936 .8) LAKE 0 n I \ \ EXISTING HOUSE #3390 \ \ N \ ~ .. ,, \ \ ' .... . • • :,:. I .. .. .. · •.... \ \ \ \ \ \ \ \ \;· ~ \~'::,\ ~~ ~ \ \ --8" PVC SANITARY SEWR---;,..ri \ \ STREET ~~ SEWER STUB -PER CITY (5)._F'LAN/ ~ () ~ ~...--' 7.-p . .J- ~ -.....-: ········ ..... . . .. n..A--'-------...... /----::,"T'"t '--.. / 125.25 BAYSIDE~'-._ S 8 9° 43' 36 '// E 12 4.8 9 MEASURED······-~>.""-/ •. pa-------~--~,'-----------------~··. !9~.6 ) // ··· .. \ .--946-~--- //~ \\ / \~ 41 .2 I I ) 940 (J) 0 0 0 .....__o 0 0 .. .. rrl (944.9) '--.. '--.. '--.. (941.9) MANHOLE n ~ M Ul 5 M ~ > ~ (939.2) M z~ e~ l> M~ :::0 -< VJ fTJ :E :::0 (939.3)