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LA21-000018 (3500 Bayside Rd) COMBINED
Date Application Received: 02/10/2021 Date Application Considered as Complete: 02/16/2021 60‐Day Review Period Expires: 04/17/2021 To: Chair Ressler and Planning Commission Members Ron Olson, Interim City Administrator From: Melanie Curtis, Planner mcc Date: 15 March 2021 Subject: #LA21‐000018, Glenn Solie, 3500 Bayside Rd, CUP Public Hearing Background The applicant wishes to install full bathroom facilities in a proposed 2,240 square foot detached garage. A conditional use permit is required due to the proposed shower. As the building is considered oversized, additional covenants will be applied. Applicable Regulations: Plumbing in the Accessory Building CUP (Section 78‐418(6)) The proposed building is permitted. The applicant’s request to install a bathroom with full bathing facilities requires a CUP. The building is a conforming size, and proposed in a conforming location. Conditional Use Permit (Section 78‐916) The Planning Commission may recommend and the Council may grant a Conditional Use Permit (CUP) as the use permit was applied for or in modified form. On the basis of the application and the evidence submitted, the city must find that the proposed use at the proposed location is or will be: 1) Consistent with the community management plan; The proposed use is residential in nature and residential use is consistent with the CMP guiding for this neighborhood. 2) Compliant with the zoning code, including any conditions imposed on specific uses as required by article V, division 3 of the City Code; The proposed accessory building improvement including the plumbing fixtures are compliant with the zoning ordinance. 3) Adequately served by police, fire, roads, and stormwater management; The proposed use will be adequately served by existing services and facilities. 4) Provided with an adequate water supply and sewage disposal system; The property is served by a private septic system and private well. This criterion is met. 5) Not expected to generate excessive demand for public services at public cost; This criterion is met. Application Summary: The applicant is requesting a conditional use permit to install a full bathroom, including shower, in a new accessory garage building. Staff Recommendation: Planning Department Staff recommends approval. FILE # LA20-000059 19 Oct 2020 Page 2 of 3 6) Compatible with the surrounding area as the area is used both presently and as it is planned to be used in the future; The proposed building is residential in character and its use is expected to be compatible with the surrounding area. 7) Consistent with the character of the surrounding area, unless a change of character is called for in the community management plan; The garage including plumbing is residential in visual character and is expected to be compatible with the house on the property and the surrounding area. 8) Compatible with the character of buildings and site improvements in the surrounding area, unless a change of character is called for in the community management plan; The architectural styling of the proposed building is expected to be residential‐ looking in character and consistent with that of the principal structure on the Property. 9) Not expected to substantially impair the use and enjoyment of the property in the area or have a materially adverse impact on the property values in the area when compared to the impairment or impact of generally permitted uses; The use of the building which includes plumbing is not expected to have any adverse impacts. No information has been presented to indicate such. 10) Provided with screening and buffering adequate to mitigate undesirable views and activities likely to disturb surrounding uses; The garage will be situated in a conforming location and will not be visible when viewed from off the Property on the street side, and the views from the neighbors will be screened by existing vegetation and the physical separation. In the opinion of staff, additional screening or buffering is not necessary. 11) Not create a nuisance which generates smoke, noise, glare, vibration, odors, fumes, dust, electrical interference, general unsightliness, or other means; The proposed building with plumbing is not expected to cause any of these undesirable impacts. 12) Not cause excessive non‐residential traffic on residential streets, parking needs that cause a demonstrable inconvenience to adjoining properties, traffic congestion, or unsafe access; It is anticipated that the proposed building will not generate any of these undesirable issues. 13) Designed to take into account the natural, scenic, and historic features of the area and to minimize environmental impact; The proposed building has been visually designed to conform to the residence on the property, and will not have a negative environmental impact. 14) All exterior lighting shall be so directed so as not to cast glare toward or onto the public right‐of‐way or neighboring residential uses or districts; Applicants are hereby advised of this requirement; and 15) Not detrimental to the public health, public safety, or general welfare. This criterion is met. A CUP may be granted subject to such conditions as the Council may prescribe. Further approval shall be granted only when the following criteria are met: 1. The council finds that the proposed use of the accessory building with a shower will not be detrimental to the residential character of the neighborhood. 2. The council finds that the plumbing fixtures proposed are in keeping with the applicants’ intended use of the accessory building. FILE # LA20-000059 19 Oct 2020 Page 3 of 3 3. The property owner agrees to the filing of a covenant in the title of the property providing that the accessory building will not be: a. Used for a home occupation unless specifically approved by the city or if allowed by this Code. b. Used as a dwelling unless a guest house conditional use permit is obtained. c. Rented, leased or otherwise provided for use as a dwelling under any circumstances. Additionally, a CUP shall remain in effect as long as the conditions imposed by the City Council are observed, but nothing in this section shall prevent the city from enacting or amending official controls to change the status of conditional uses. Public Comments To date, no public comments have been received. Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner as allowed by the Zoning Code? 2. Does the Planning Commission find that the approval, if granted, will not alter the essential character of the neighborhood? 3. Are there any other issues or concerns with this application? Planning Staff Recommendation Staff recommends approval conditioned upon the property owners’ agreement to the filing of a covenant in the title of the property addressing the plumbing, providing that the garage will not be: 1. Used for a home occupation unless specifically approved by the city or if allowed by this Code. 2. Used as a dwelling unless a guest house conditional use permit is obtained. 3. Rented, leased or otherwise provided for use as a dwelling under any circumstances. List of Exhibits Exhibit A. Application & Narrative Exhibit B. Proposed Survey Exhibit C. Proposed Plans and Elevations Exhibit D. Property Owners List Exhibit E. Plat Map Land Use Application Summary Application Date:02/10/2021 Address:3500 Bayside RD Orono, MN 55356 Parcel Number:0511723130015 Land Use Number:LA21-000018 Application Submitted By:Property Owner Owner:Name: GLENN SOLIE & NANCY SOLIE Address: 3500 BAYSIDE RD LONG LAKE, MN 55356 Applicant:Name: Glenn Solie Company: Address: 3500 Bayside Rd Long Lake, MN 55356 glenn@soliefamily.net Contact Information:Associated Contact: Associated Contact: Associated Contact: Associated Contact: Project Description:Accessory Garage Reference #RAS20-000088 - CUP for plumbing (Sink, Toilet and Shower) Land Use Application Type:Amendmend Application Appeal of Admin Decision Concept Application Conditional Use Permit Site Plan Application Subdivision Application Subdivision Exception Vacation Application Variance Application Applicant Signature: Narrative for CUP Request 3500 Bayside Rd City of Orono, We are currently in the process of building an Accessory Garage and gained approval from the City of Orono for initial design back on 12/07/20. Up front we were focused on overall footprint and height to achieve enough room for Mezzanine level; however, we were never sure how we would leverage the mezzanine space if approved (it was approved). COVID has shifted our way of thinking over time since we can no longer depend on businesses being open whether that be restaurants, stores, or fitness centers. Our overall goal is to become more self‐ contained. The Accessory Garage helps to achieve this goal in many ways as it relates to additional storage, food, supplies, and fitness (health and well‐being). We had always envisioned having a bathroom with sink and toilet which is included in the Mortgage Holder Consent to Declaration of Restricted Covenant (we were in the process of getting our Consents from Chase and American Home Mortgage); however, our recent decision to add a shower now requires a CUP. Our decision to add the shower became clear as we started to discuss our lifestyle and daily schedule of our family. Having 4 daughters we often get up early to workout. Historically we would go to club, workout, shower, and head to work. Having both the Mezzanine level fitness area and shower will now allow us to leverage our Accessory Garage in the same fashion. Wake up, go down to garage, workout, shower, and head to work without disturbing our family. It is also over 100ft from new Accessory Garage to front entry door of our home so getting bundled up after a workout, hiking back up to house in the bitter cold just to take everything off and shower does not sound very appealing. Especially in the dead of winter. Our daughters are also at an age where they like to work out. The garage shower will also be a great place to wash our dog (groomers were also shut down during COVID) and more importantly clean up after working on cars, woodworking, etc. rather than dragging dirt and grime up to our home. Use of Accessory Garage 1/2 main level will be used of sport court (basketball, volleyball, etc.) and kid activities. 1/2 main level will be used for storage/cars, workshop, bathroom, and bar/shelving area (refrigerator for overflow from our home, refreshments, etc.). Mezzanine Level will be used for fitness area and kids’ games (ping pong table, foosball, video games, etc.) Lastly, we have no desire or plans to utilize our Accessory Garage as any kind of temporary or permanent overnight housing, for rent or otherwise. As always please do not hesitate to call if you have questions. Regards, Glenn and Nancy Solie DATE:DRAWN BY:SHEETOF12/10/2020PROJECT NAME:BUILDING DESCRIPTION:592 Industrial DriveP.O. Box 660Winsted, Minnesota 55395JEREMY B.DESIGN NUMBER: P204072 5PROJECT NUMBER: (20-902)40'-0" X 56'-0" X 14'-6"© All drawings and content copyright RAM Buildings Inc. Call RAM Buildings Inc. to obtain copies of this plan. Unauthorized reproduction of these plans is a violation of federal law.GLENN SOLIEAMBuildings Inc.R320-485-2844 800-710-4726Fax 320-485-3625www.rambuildings.comContractor License Number 201719768'-0" 8'-0" 8'-0" 8'-0" 8'-0" 8'-0" 8'-0"8'-0" 8'-0" 8'-0" 8'-0" 8'-0"3'-0" 16'-0" 3'-0" 16'-0" 2'-0" 8'-0" 8'-0"8'-0" 8'-0" 8'-0" 8'-0" 8'-0" 20' PURLINS 20' PURLINS 10' PUR. 20' PURLINS 40'-0"56'-0" 14'-0" 28'-0" 14'-0" 24" SIDE & ENDWALL OVERHANGS CONTINUOUS PROFILEVENT A B 3 PLY 2X6-22' SIDEWALL COLUMNS S2 E1 E2 S1 FLOOR PLAN CL (3 PLY 14" LVL HEADER) 3'0" X 6'8" 1-LITE WALKDOOR R.O.= 40 5/16" X 81 1/8" KNOB/KNOB KEYED LATCH W/ DEADBOLT 4030 VINYL SLIDING WINDOW R.O.= 48" X 36" ( ) - TOP OF WINDOW AT 17'-3/4" NOTE: TOP OF WINDOWS TO MATCH TOP OF WALKDOORS UNLESS OTHERWISE NOTED 16' X 12' OVERHEAD DOOR 3 PLY 2X6-24' 3 PLY 2X6-28' 3 PLY 2X6-24' (3 PLY 14" LVL HEADER) 16' X 12' OVERHEAD DOOR CL CL CL CL CL CL CL CLCLCLCLCLCLB B BBB A 14' MANSARD EDGE EDGE EDGE EDGE 4 PLY COLUMNS AT OHD'S HEADER TO BEAR ON (2) PLIES EACH END 36" DIA. X 12" THICK FOOTING 36" DIA. X 12" THICK FOOTING 36" DIA. X 12" THICK FOOTING HEADER SUPPORTED AT EXTERIOR WALL COLUMN BY A SIMPSON HUCQ410-SDS HANGER 24" CUPOLA W/ WEATHERVANE 24" CUPOLA W/ WEATHERVANE 3 PLY 2X6-28'CLB * *CL3 PLY 2X6-24' 3 PLY 2X6-28' 3 PLY 2X6-24' 3 PLY 2X6-28' A A E PA A E P ATTIC ACCESS ELECTRICAL PANEL N S EW DATE:DRAWN BY:SHEETOF12/10/2020PROJECT NAME:BUILDING DESCRIPTION:592 Industrial DriveP.O. Box 660Winsted, Minnesota 55395JEREMY B.DESIGN NUMBER: P204071 5PROJECT NUMBER: (20-902)40'-0" X 56'-0" X 14'-6"© All drawings and content copyright RAM Buildings Inc. Call RAM Buildings Inc. to obtain copies of this plan. Unauthorized reproduction of these plans is a violation of federal law.GLENN SOLIEAMBuildings Inc.R320-485-2844 800-710-4726Fax 320-485-3625www.rambuildings.comContractor License Number 2017197622'-11 5/8"ENDWALL 1 ENDWALL 2 SIDEWALL 2 SIDEWALL 1 RUN DATE: 02/16/2021 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM (PROPERTY OWNERS LIST)PAGE: 1 38 05-117-23 12 0010 SUSAN RALLS TRUSTEE 3580 BAYSIDE RD ORONO MN 55356 TRUSTEE 3580 BAYSIDE RD LONG LAKE MN 55356 38 05-117-23 12 0012 ELLIOT L DIETZ 185 BEDERWOOD DR ORONO MN 55356 ELLIOT L DIETZ 185 BEDERWOOD DR ORONO MN 55356 38 05-117-23 12 0015 STATE OF MINN 38 ADDRESS UNASSIGNED ORONO MN 00000 DNR REAL ESTATE MGMT ATTN DEBBIE GURTIN 500 LAFAYETTE RD ST PAUL MN 55155 38 05-117-23 12 0016 STATE OF MINN 38 ADDRESS UNASSIGNED ORONO MN 00000 DNR REAL ESTATE MGMT ATTN DEBBIE GURTIN 500 LAFAYETTE RD ST PAUL MN 55155 38 05-117-23 12 0017 LSF9 MASTER PARTICIPATION TR 3415 HIGH LA ORONO MN 55356 US BANK TRUST C/O HUDSON HOMES MGMT LLC 3701 REGENT BLVD STE 200 IRVING TX 75063 38 05-117-23 12 0028 ALISHAH S AZAD 200 BEDERWOOD DR ORONO MN 55356 ALISHAH S AZAD 200 BEDERWOOD DR LONG LAKE MN 55356 38 05-117-23 13 0012 C P FLURY & M B FLURY 3420 BAYSIDE RD ORONO MN 55356 CHRISTOPHER P FLURY MARGARET B FLURY 3420 BAYSIDE RD LONG LAKE MN 55356 38 05-117-23 13 0014 LYNN W WALSTEDT 3470 BAYSIDE RD ORONO MN 55356 LYNN W WALSTEDT 3470 BAYSIDE RD LONG LAKE MN 55356 38 05-117-23 13 0015 GLENN SOLIE & NANCY SOLIE 3500 BAYSIDE RD ORONO MN 55356 GLENN SOLIE & NANCY SOLIE 3500 BAYSIDE RD LONG LAKE MN 55356 38 05-117-23 13 0016 STEPHANIE BAUER LARSEN TRUST 3510 BAYSIDE RD ORONO MN 55356 STEPHANIE BAUER LARSEN GREGG JOEL LARSEN 3510 BAYSIDE RD LONG LAKE MN 55356 38 05-117-23 13 0017 KYLE FAMILY LTD PTNRSHP 3560 BAYSIDE RD ORONO MN 55356 RICHARD & KATHLEEN A KYLE 1140 TONKAWA RD LONG LAKE MN 55356 38 05-117-23 13 0021 GLENN SOLIE & NANCY SOLIE 38 ADDRESS UNASSIGNED ORONO MN 00000 GLENN SOLIE & NANCY SOLIE 3500 BAYSIDE RD LONG LAKE MN 55356 38 05-117-23 13 0028 M JAMIESON & N JAMIESON 295 TONKA AVE ORONO MN 55356 MICHAEL JAMIESON NATALIE JAMIESON 295 TONKA AVE LONG LAKE MN 55356 38 05-117-23 13 0029 BARBARA J HUBER 38 ADDRESS UNASSIGNED ORONO MN 00000 BARBARA J HUBER 3390 BAYSIDE RD LONG LAKE MN 55356 38 05-117-23 13 0030 DANA S BRUMITT 3400 BAYSIDE RD ORONO MN 55356 DANA S BRUMITT 3400 BAYSIDE RD LONG LAKE MN 55356 38 05-117-23 13 0037 DIANE M PEREZ 3465 EASTLAKE ST ORONO MN 55356 DIANE M PEREZ P O BOX 106 LONG LAKE MN 55356 38 05-117-23 13 0039 TAMMARA L MADDREY 3435 EASTLAKE ST ORONO MN 55356 TAMMARA L MADDREY 330 PEAVEY RD WAYZATA MN 55391 38 05-117-23 13 0041 JO ANNE POOLE BARTLETT 3568 BAYSIDE RD ORONO MN 55356 JO ANNE POOLE BARTLETT 3568 BAYSIDE ROAD LONG LAKE MN 55356 38 05-117-23 13 0042 HUNSLEY FAMILY JT REV TRUST 3464 EASTLAKE ST ORONO MN 55356 MARK A HUNSLEY NANCY E HUNSLEY 3464 E LAKE ST LONG LAKE MN 55356 38 05-117-23 13 0043 JEANNE M BRAUN TRUST 3444 EASTLAKE ST ORONO MN 55356 JEANNE M BRAUN 14342 HARBOUR LANDINGS DR UNIT C FORT MYERS FL 33908 38 05-117-23 13 0044 T E RADKE & M A RADKE 3424 EASTLAKE ST ORONO MN 55356 THOMAS E & MARGARET A RADKE 3424 EASTLAKE ST LONG LAKE MN 55356 38 05-117-23 13 0045 LYNN W WALSTEDT 38 ADDRESS UNASSIGNED ORONO MN 00000 LYNN W WALSTEDT 3470 BAYSIDE ROAD LONG LAKE MN 55356 38 05-117-23 13 0046 JEANNE M BRAUN TRUST 38 ADDRESS UNASSIGNED ORONO MN 00000 JEANNE M BRAUN 14342 HARBOUR LANDINGS DR UNIT C FT MYERS FL 33908 38 05-117-23 13 0047 KYLE FAMILY LTD PTNRSHP 38 ADDRESS UNASSIGNED ORONO MN 00000 R KYLE & K A KYLE 1140 TONKAWA RD LONG LAKE MN 55356 38 05-117-23 13 0048 SUSAN RALLS TRUSTEE 38 ADDRESS UNASSIGNED ORONO MN 00000 SKR TRUSTEE 3580 BAYSIDE RD ORONO MN 55356 38 05-117-23 13 0050 B W HENNING & R L HENNING 245 TONKA AVE ORONO MN 55356 BRIAN W HENNING REBECCA L HENNING 245 TONKA AVE LONG LAKE MN 55356 38 05-117-23 13 0051 MARTHA S TOFTELAND 225 TONKA AVE ORONO MN 55356 MARTHA TOFTELAND 225 TONKA AVE LONG LAKE MN 55356 38 05-117-23 13 0052 JACQUELINE PAIGE LEFF 3415 EASTLAKE ST ORONO MN 55356 JACQUELINE PAIGE LEFF 3415 EASTLAKE ST LONG LAKE MN 55356 38 05-117-23 13 0053 T G VAUGHAN & N P VAUGHAN 205 TONKA AVE ORONO MN 55356 TIMOTHY & NATALIE VAUGHAN 205 TONKA AVE ORONO MN 55356 38 05-117-23 13 0054 T M ZIESMER & M T ZIESMER 3440 BAYSIDE RD ORONO MN 55356 TODD M & MARIE T ZIESMER 3440 BAYSIDE RD LONG LAKE MN 55356 RUN DATE: 02/16/2021 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM (PROPERTY OWNERS LIST)PAGE: 2 38 05-117-23 13 0055 ALISHAH S AZAD 38 ADDRESS UNASSIGNED ORONO MN 00000 ALISHAH S AZAD 200 BEDERWOOD DR LONG LAKE MN 55356 38 05-117-23 13 0056 J D MUELLER & R J MUELLER 222 BEDERWOOD DR ORONO MN 55356 JEFFREY D & RENEE J MUELLER 222 BEDERWOOD DR LONG LAKE MN 55356 38 05-117-23 41 0022 J H MERIDETH & M B MERIDETH 405 OXFORD RD ORONO MN 55356 MARYANN & JOHN MERIDETH 405 OXFORD RD LONG LAKE MN 55356 Hennepin County has developed electronic forms of certain property information databases. Hennepin County makes reasonable efforts to produce and publish the most current property information available. The viewer should understand, however, that Hennepin County makes no representation or warranties, either express or implied, or as to merchantability or fitness for a particular purpose regarding the accuracy and/or completeness of the information contained herein. He nn epin Co u n ty L oc ate & N o tify Map 350 0 Ba y side R d . 0 100 20050 Feet Da te : 2/1 6/20 21 Buffer Size:500Map Co mm e nts : Th is d ata (i) is furn ish ed 'AS IS' with no represen ta tion as tocompleteness or accuracy; (ii) is fu rn ish ed with n o warra nty of anykind; an d (iii) is n ot suitable for le ga l, eng ineerin g or surve yingpurposes. Hennepin County shall not b e liab le for a ny da ma ge , in ju ryor loss resu lting from this dat a. Fo r mo re inf ormation , co nta ct Hen ne pin Co un ty GI S Off ice300 6th S tree t So uth , Minn ea polis, MN 5 5487 / gis.in fo@h en ne pin.us