Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Project Packet
METRO Wh~T INSPECTION SEK\-fCES, INC. Loren Kohnen, Pres. May 28, 2014 TO: FROM: RE: Lyle Oman Building Official City of Orono Loren Kohnen T,I<. 440 Big Island Orono, Minnesota SEPTIC SOIL VERIFICATION (763) 479-1720 FAX (763) 479-3090 Mtrowst7 6@aol.com On Thursday, May 22, 2014, I did a soil verification (septic) at: 440 Big Island. Mr. John Reimann is proposing to build a home at that location. Onsite were: Gabriel Jabbour, John Reimann, soil scientist Peter Miller and myself. At the site Mr. Miller showed a site that had not been tested for a new septic system. After reviewing soil samples, it appeared re-dox was not present and in one soil boring gravel was present. It appears to me that a trench system could be installed at this time. I do not have the design for the system from Peter Miller. Tank and pumping truck location was discussed; there should be no problem. The existing system will still be used for the old cabin. After leaving Lot 440, Mr. Jabbour, Mr. Miller and myself visited 550 Big Island. This parcel is for sale. We checked piezometer and borings that Mr. Miller had installed many years ago. This being one of the wettest Springs in years, it would be a good time to check. All (5) were dry, no sign of water at this time. A trench system could possibly be installed at this site. LK: jg ./ cc: John Reimann, Jessica Loftus, ~elanie Curtis, Mike Gaffron, Gabriel Jabbour, Peter Miller. Box 248, Loretto, Minnesota 55357 Melanie Curtis From: Lyle Oman Sent: To: Wednesday , April 23, 2014 8:52 AM 'MtroWst76@aol .com' Cc: Melanie Curtis; Mike Gaffron Subject: FW: #2 -Gabriels email to Willie with Septic design for his review and approval AND Chips email with the new septic design sent to Gabriel Attachments: 20130730083924688 .pdf Loren, We have discovered that Willie approved this design. So the question is, would you inspect the installation based on this design . Tha nks. Lyle Oman Building Official City of Orono TO SCHEDULE AN INSPECTION, CALL: 952.249.4600 952 .249.4625 -Direct Dial 952 .249.4600 -Main 952 .249.4616 -Fax www.ci.o rono .mn .us Office Hours : Monday -Friday 8:00 am to 4 :30 pm Physical Address: 2750 Kelley Parkway Orono, MN 55356 Mailing Address: PO Box66 Crystal Bay , MN 55323-0066 From: Melanie Curtis Sent: Tuesday, April 22, 2014 9:21 AM To: Lyle Oman; Mike Gaffron Subject: FW: #2 -Gabriels email to Willie with Septic design for his review and approval AND Chips email with the new septic design sent to Gabriel Melanie Curtis 1i 952 .249.4627 l:8J mcurti s@ci.orono .mn .us From: John Reimann [mailto:John.Reimann@redwinq shoes.com ] Sent: Tuesday, April 22, 2014 9:18 AM To: Melanie Curtis Cc: Grant Johnson (johnsong @wausauhomes.com ); John Reimann Subject: #2 -Gabriels email to Willie with Septic design for his review and approval AND Chips email with the new septic design sent to Gabriel Both done on Tuesday July 30th • 1 From: gabrieljabbour@msn .com To: wgibbs@ci.orono.mn.us Subject: FW: Message from "PR030" Date: Tue, 30 Jul 2013 14:38:18 -0500 Date: Tue, 30 Jul 2013 09:11:52 -0500 Subject: Fwd: FW: Message from "PR030" From: chipseptic@gmail.com To: gabrieljabbour@msn.com Here you go, call with questions, Chip 2 To: Melanie, yle & Mike From: Loren Kohnen Date: April 21, 2014 MEMO Re: Big Island Septic System-John Reimann On Friday 4/18/2014, I met with John Reimann, owner of a lot on Big Island, and his builder Grant Johnson . We discussed the septic system requirements which is dictated by the number of bedrooms . It was decided to wait until the ice goes out on the lake and then meet on site with septic designer, landowner, builder and myself The owner would like to have 3 bedrooms in the main house and 1 bedroom in the small cabin . The design submitted to me was only large enough for a 3 bedroom home. We will also have to find an alternate site . cc: file Melanie Curtis From: Sent: To: Cc: John Reimann [John .Reimann@redwingshoes .com] Tuesday, April 22 , 2014 9:06 AM Melanie Curtis Subject: Grant Johnson Uohnsong@wausauhomes.com) FW: Email from Willie with clean approval Good Morning Melanie, Do you also need the ema i ls leading up to t his approva l emai l from Willie? I believe you already have those from Gabriel bu t if not let me know . Thanks, Jo h n From: GABRIEL JABBOUR [mailto:gabrieljabbour@msn .com ] Sent: Friday, August 02, 2013 12:40 PM To: John Reimann Subject: Fwd: RE: Sent from my iPhone Begin for warded message: From: Willie Gibbs <WGibbs@ci .orono.mn.us> Date: August 2 , 2013 , 11 :22 :34 AM CDT To: 'GABRIEL JABBOUR' <gabrieljabbour@msn.com> Subject: RE: Gabe, you r design is approved. I can stamp a front Page for you and email or mail it to you if that's what you want. I won't be ab le to get to it till next week though . Willie From: GABRIEL JABBOUR [mailto:gabrieljabbour@msn.com] Sent: Friday, August 02, 2013 9:41 AM To: Willie Gibbs Subject: Could I get an email before the week end gabr i el 1 ; Melanie Curtis From: Sent: John Reimann [John .Reimann@redwingshoes .com) Tuesday, April 22, 2014 2 :38 PM To: Melanie Curtis Subject: Septic approval emails Follow Up Flag: Follow up Flag Status: Flagged Hi Melanie, As you now have all the perti nent emails regarding Willies approval of the design from last August 2nd I look fo rwa rd to getting your recap/ notes confirming the approval as we discussed yesterday with Mike and Grant. Thanks for closing the loop on this. John From: Melanie Curtis [mailto:MCurtis@ci.orono.mn.us] Sent: Monday, April 21, 2014 4:03 PM To: John Reimann Subject: emails John Would you please forward to me the emails that you showed us this morning? I don't believe we have a copy of the one where Willie approved the design that we read in our meeting. 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 .oron o.mn .us Website: www .ci .orono .mn.us 1 CITY OF ORONO 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 952.249.4600 TO: Suncrest Builders/Wausau Homes Attn: Grant Johnson 5159 Main St Box 382 Maple Plain, MN 55359 TYPE OF APPLICATION: DATE OF MEETING: Variance & CUP 15 April 2014 ZONING FILE: 14-3658 NOTICE OF COUNCIL ACTION DATE OF NOTICE: 15 April 2014 COPIES: Grant Johnson John & Alice Reimann VOTE: 3 FOR 0 AGAINST Motion: To approve per the findings and conditions of the resolution previously mailed to you. Please arrange to have the property owners 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 and CUP 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 and CUP approval expires one year after date of approval. A building permit must be obtained no later than April 14, 2015. 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. Additionally, on-demand video re-play of the Council meeting is available on the City's website: www.ci.orono .mn .us . If you have questions please contact Melanie Curtis, Planning & Zoning Coordinator, at mcurtis@ci.orono .mn .us or 952.249.4627 . (8. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 14, 2014 7:00 o'clock p.m. / // 4-$656 NELCO LANDSCAPING ON BEHALF OF THOMAS RANG/4jld{. . 27 HADYWOODROAD-AFTER-THE-FACTVARIANCEAND 'NDITIONAL USEP Curtis stated according '. -the 2007 survey, the new patio appears to be -aped slightly differently at the corner and does not appear ·. be quite as deep as the existing patio. urtis stated it appears to be 13 .5 feet versus 15 feet and is not very \ iceable . Levang asked if Staff is suggesting tl( if the applicant WJ s to increase the eastern patio/deck, that he then remove some of the paver in betwee the two pati ef to adjust for that. Levang and Bremer indicated they woul roving the eastern patio at the size proposed a nt amount of hardcover. Levang moved, Bremer seconde to direct Staff to draft a pproval resolution for Application No. 14-3656, 2765 Shadywood Ro , with the condition that an e l amount of hardcover be removed as what is being added fort e eastern patio/deck. VOTE: Ayes Nays 0. McMillan noted the res tion will be back before the City Council in app ximately two weeks . *9. #14-365 REVISION, LCC ON BEHALF OF LUCAS AND ELIZAB H DETOR, 1065 RNDALE ROAD WEST-VARIAN CE -RESOLUTION NO. 6 Levano oved, Bremer seconded, to adopt RESOLUTION NO. 6382, a Resolution Gra Vari ces from Municipal Zoning Code Section 78-1279(6) for the property located at 10 Fe dale Road West. VOTE: Ayes 3, Nays 0. 10. #14-3658 SUN CREST BUILDERS -WAUSAU HOMES ON BEHALF OF JOHN AND ALTCE REINMANN, 440 BIG ISLAND -VARIANCES AND CONDITIONAL USE PERMIT -RESOLUTION NO. 6383 Curtis stated in August of 2013 , the subject property was involved in a lot line rearrangement to combine three nonconforming Big Island Record Lots into two Record Lots. The property currently contains a 700 square foot seasonal cabin. The property owner would like to construct a new 2,400 square foot seasonal cabin and maintain the use of the existing 700 square foot cabin as a guest cabin. Guest cabins are a permitted accessory use , but a guest cabin which exceeds 600 square feet requires a conditional use permit . Curtis noted in 1987 , permanent lot area and width variances were granted for a number of the non- conforming lots on Big Island. The subject property has Record Lot status and the property can be used for a one-family seasonal recreational use without a structure ; i.e ., a dock, or one new seasonal dwelling may be built, or an existing seasonal dwelling may be used, improved, expanded or replaced . Because the property owner wishes to maintain use of the existing .cabin as a guest cabin, a lot area variance is required in order to construct the new cabin since it is expanding the use. Page 9 of 30 MINUTES OF THE . . ORONO CITY COUNCIL MEETING Monday, April 14, 2014 7:00 o'clock p.m. (10. #14-3658 SUNCREST BUILDERS-WAUSAU HOMES ON BEHALF OF JOHN AND ALICE-REINMANN, 440 BlGJSLAND -VARIANCES.AND CONDITIONAL USE PERMIT -RESOLUTION NO. 6383, Continued) Curtis stated Staff's initial recommendation regarding the plumbing within the guest cabin was for removal. Since the Planning Commission meeting, Staff has done additional research into the little-used provision of the RS-District Zoning Code and has determined the 700 square foot accessory guest cabin must be served with plumbing . . Curtis noted since the Planning Commission 's review , the applicant has revised the plan so as to not encroach into the average lakeshore setback and they will be removing the loft area from the cabin. Curtis noted due to the winter conditions, the applicant has been unable to provide a conforming septic system design to serve the four bedroom cabin, which includes the basement and the existing two bedroom cabin. Curtis indicated ·it is her understanding the applicant will be meeting the septic designer this week. If it is determined that the site cannot support the necessary 6-bedroom septic treatment area as well as the required alternate site , the applicant will need to make additional bedroom reductions in the proposed cabin, remove all plumbing from the existing 700 square foot cabin, or a combination of both. If the plumbing is removed from the 700 square foot cabin, it will no longer be considered a guest cabin or bunk house and must only be used as a non-habitable building. Curtis noted the Planning Commission reviewed this application at their March meeting and voted 6 to 0 to recommend approval of the guest cabin conditional use permit and lot area variance . There were no public comments regarding this application. Curtis stated that Staff recommends approval and has drafted a resolution reflecting approval of the lot area variance permitting construction of the new seasonal cabin and approval of the conditional use permit to allow maintenance of the 700 square foot guest cabin subject to strict adherence to all applicable environmental codes and all building and zoning codes. Curtis noted once septic testing is completed, if a 6-bedroom sized treatment area is not feasible , the application may change. If the solution involves a combination of reducing bedrooms in the main cabin and/or the existing 700 square foot cabin, the lot area variance and conditional use permits will be necessary. However, if the solution the applicant chooses is to remove the plumbing from the existing cabin and convert it to non-habitable storage, the conditional use permit and variance for lot area are no longer necessary . Curtis noted the Council should consider amending or adopting the resolution which is conditioned on confirmation that a viable 6-bedroom septic treatment area and alternate site are feasible. If the approvals are no longer necessary , the resolution will·not be recorded . McMillan stated she does not have a problem with the application. Levang asked what the difference is in the location of the new cabin so that it is now out of the average lakeshore setback. Curtis indicated they rotated it slightly and moved it a little further back. Curtis illustrated the portion of the cabin that encroached into the average lakeshore setback and the new proposed location. Page 10 of 30 MINUTES OF THE ORONO CITY COUNCIL MEETING Mondar,, ApriL14, 2014 7:00 o'clock p.m. (10. #14-3658 SUNCREST BUILDERS -U'AUSAU HOMES ON BEHAEF OF JOHJVAND ALICE REINMANJ'{, 440 BIG ISLAND -VARIANCES AND CONDITIONAL USE PERMIT.-RESOLUTION NO. 6383, Colltinued) Levang stated she would like to hear from the property owner on how he feels about the conditions being imposed relating to the septic. John Reinmann, 440 Big Island, stated they are removing the loft part of the guest cabin off but that he is unsure how the City is calculating it as six bedrooms between the two cabins since only three bedrooms are being proposed for the new structure and the existing cabin is one bedroom. Curtis stated it is Staffs understanding that it is a two-bedroom cabin that exists , but that if additional information is provided to Staff reflecting otherwise, they can work with the septic design. Curtis indicated state septic code considers a basement a bedroom regardless if there is a bedroom proposed, which is something that Staff has only learned recently. Bremer stated if there are three bedrooms on the main floor and a basement, the structure would then be considered a four-bedroom structure . Reinmann indicated the basement would have one door from the outside and will be used for storage and not a bedroom. Curtis stated it is Staffs understanding of the septic code that it has the potential to be a bedroom. Curtis stated she understands the logic behind the state statute but that it was not something that Staff had considered prior to this point. McMillan noted this will be a seasonal cabin and will not be occupied year-round . Curtis stated a seasonal cabin may get more intense use in a shorter period of time than a normal residence which is why it is important to understand the sizing of the structures. Reinmann stated he would have preferred to leave the cabin where it was since it was a natural clearing and that relocating the cabin will require additional trees be removed. Reinmann indicated they are fin e with the conditions and that they are willing to work with the City on the septic . Reinmann noted the existing septic system is relatively new and the cabin can only be used 180 days out of the year . Bremer moved, Levang seconded, to adopt RESOLUTION NO. 6383, a Resolution Granting Variances from Municipal Zoning Code Sections 78-565(2)(b), 78-566(3), 78-568, and a Conditional Use Permit Pursuant to Municipal Zoning Code Section 78-565(2), with the understanding that the resolution will not be filed if the plumbing is removed from the guest cabin. VOTE: Ayes 3, Nays 0. Page 11 of 30 Date Application Received: 02/19/14 Date Application Considered as Complete: 02/24/14 120-Day Review Period Exp ires: 06/24/14 REQUEST FOR COUNCIL ACTION Department Approval: I\ f\l, Administrator Approval: Name: Melanie Curtis IV 1V Title: Planning & Zoning Coordinator Item Description: Date: 7 April 2014 Item No . /0 Agenda Section: #14-3658, Grant Johnson of Suncrest Builders o/b/o Jo & Alice Reimann -440 Big Island -Resolution Zoning District: RS -Seasonal Recreational District, 5-acres/200-feet Lot Area: 68,612 s.f. / 1.57 acres Lot Width: 321' @ OHWL & 266' @ 75' setback List of Exhibits: Exhibit A. Exhibit B. Exhibit C. Exhibit D. Exhibit E. Exhibit F. Exhibit G. Exhibit H. Draft Resolution Revised Survey Revised Hardcover Calculation Worksheets PC Staff Report & Exhibits 03/13/14 PC Action Notice Mike Gaffron Memo 60-day Extension Draft PC Minutes 03/17 /14 Application Summary: In August 2013 the subject property was involved in a lot line rearrangement to combine three nonconforming Big Island Record Lots into two Record Lots. The property currently contains a 700 square foot seasonal cabin . The property owner wishes to construct a new 2,400 square foot seasonal cabin and maintain the use of the existing 700 square foot cabin as a guest cabin . Guest cabins are a permitted accessory use; however a guest cabin which exceeds 600 square feet requires a conditional use permit. In 1987, permanent lot area and width variances were granted for a number of the non-conforming sized properties on Big Island. The subject property and the property it was partially combined with in 2013 both have Record Lot status. The perpetual lot area and width variance granted to this property specifically by Resolution No. 2146 states that the property can be used for the following : 1. One-family seasonal recreational use without a structure (i.e . dock, campsite, etc); or 2. One new seasonal dwelling may be built; or 3. An existing seasonal dwelling may be used, improved, expanded or replaced. Approval of the above was subject to strict compliance with all building codes, septic treatment codes, and zoning codes . Because the property owner wishes to maintain use of the existing 700 square foot guest cabin, a lot area variance is required in order to construct the new 2,400 square foot seasonal cabin . Updates #14-3658 9 April 2014 Page 2 of 2 • As noted within the March 3rd Planning Commission staff report, staffs initial recommendation regarding the plumbing within the existing guest cabin was for removal. Since that time staff has conducted additional research into the little-used provision of the RS-District code and has determined the 700 square foot accessory guest cabin must be served with plumbing. • Since the Planning Commission's review the applicant has revised the plans so as not to encroach into the average lakeshore setback. • Due to winter conditions the applicant has been unable to provide a conforming septic system design to serve the proposed 4-bedroom cabin which includes the basement (the current plans do not reflect this, but the loft is proposed by the applicant to be removed) and the existing 2-bedroom cabin. If it is determined that the site cannot support the necessary 6-bedroom septic treatment area as well as the required alternate site, the applicant will need to make additional bedroom reductions in the proposed cabin, remove all plumbing from the existing 700 square foot cabin (i.e. change it to a non- habitable building) or a combination of both. If the plumbing is removed from the 700 square foot cabin it will no longer be considered a guest cabin or bunk house and must only be used as a non- habitable building (storage, etc). Planning Commission Recommendation On March 17, 2014 the Planning Commission held a public hearing and voted 6 to Oto recommend approval of the guest cabin CUP and lot area variance. There were no public comments. The Planning Commission recommended that Staff and the City Attorney should review the plumbing provisions in the RS-District. This review has been completed. Staff's analysis is attached as Exhibit D; the City Attorney confers with this determination. Planning Staff Recommendation Planning Staff recommends approval and has drafted a resolution reflecting the following: 1. Approval of the lot area variance permitting construction of a new 2,400 square foot seasonal cabin on a substandard record lot. The approval shall be subject to strict adherence to all applicable environmental codes (relating to septic treatment and water supply), all building and all zoning codes. 2. Approval of the CUP to allow maintenance of the 700 square foot guest cabin subject also to strict adherence to all applicable environmental codes (relating to septic treatment and water supply), all building and all zoning codes. Once septic testing is conducted, if a 6-bedroom sized treatment area is not feasible the application may change. If the solution involves a combination of reducing bedrooms in the main cabin and/or the existing 700 square foot cabin, the lot area variance and CUP approvals will be necessary. However if, as a solution, the applicant chooses to remove the plumbing from the 700 square foot guest cabin and convert it to non- habitable storage the CUP and variance for lot area are no longer necessary. COUNCIL ACTION REQUESTED The Council should consider amending or adopting the attached draft approval resolution which is conditioned on confirmation that a viable 6-bedroom septic treatment area and alternate site are feasible. If the approvals are no longer necessary the resolution will not be recorded. A RESOLUTION GRANTING VARIANCES FROM MUNICIPAL ZONING CODE SECTIONS 78-565 (2)(b), 78-566(3), 78-568 AND A CONDITIONAL USE PERMIT PURSUANT TO MUNICIPAL ZONING CODE SECTION 78-565(2) FILE NO. 14-3658 Council Exhibit A WHEREAS, John E. Reimann and Alice S. Reimann, a married couple (hereinafter "the Applicants") are the owners of the property located at 440 Big Island within the City of Orono (hereinafter the "City") and legally described as: attached as Exhibit A (hereinafter the "Property"); and WHEREAS, the Applicants have made application to the City of Orono for variances from Orono Municipal Zoning Code Sections 78-565 (2)(b), 78-566(3), and 78-568 to allow construction of a new 2,400 square foot seasonal cabin where an existing 700 square foot seasonal cabin already exists on a Big Island Record Lot 1.57 acres in area where 5.0 acres is required; and WHEREAS, the Applicants have made application to the City of Orono for a conditional use permit (hereinafter the "CUP") pursuant to Orono Municipal Zoning Code Section 78-565(2) to allow an existing 700 square foot guest cabin to remain in use on the Property following construction of the new 2,400 square foot seasonal cabin where an accessory guest cabin not exceeding 600 square feet is permitted and a minimum of 5.0 acres is required; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the Orono, Minnesota, City Code, a public hearing was held by the Orono Planning Commission on March 17, 2014 at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File number 14-3658. 2. The Property is located in the RS-Seasonal Recreation Zoning District which requires a minimum lot area of 5.0 acres and a minimum lot width of 200'. Page 1 of 6 3. The Planning Commission reviewed this application at a public hearing held on March 17, 2014 and voted 6 for and O against on a motion to recommend approval of the variances and CUP to allow the new 2,400 square foot seasonal cabin to be constructed on the Property and to allow the 700 square foot existing cabin to remain. The Planning Commission finds that the following factors support the granting of the requested variances and CUP: a. The Property contains 68,612 square feet in area (1.57 acre) and has a defined width of 321 feet at the lake and 266-feet at the 75-foot setback. b. The existing 700 square foot cabin has existed on the Property since the 1940's. c. The new 2,400 square foot seasonal cabin will meet all applicable setbacks. d. The Big Island Record Lot status granted by Resolution No. 2146 gave an assurance to owner of this substandard sized property that their property could be developed without variances for uses considered to be a basic right of ownership on Big Island. e. Record Lot Resolution No. 2146 was adopted in 1987 and states that the Property can be used for the following uses subject to strict compliance with all building codes, septic treatment codes, and zoning codes: i. One-family seasonal recreational use without a structure (i.e. dock, campsite, etc); or ii. One new seasonal dwelling may be built; or iii. An existing seasonal dwelling may be used, improved, expanded or replaced. f. The Record Lot status does not itself permit an intensification of uses. g. The CUP is required in order to permit an accessory cabin over 600 square feet. h. The Applicants have proposed to keep the existing 700 square foot guest cabin. A lot area variance is required in order to construct the new seasonal cabin as the Property does not meet the 5.0 acre minimum requirement to permit an accessory guest cabin. i. The Applicants are investigating the feasibility of septic system sites to serve both the existing and proposed cabins on the Property. Conformance with the Page 2 of 6 minimum requirements providing for primary and alternate septic systems appropriately sized to treat and dispose of the combined flows from both cabins will be required prior to issuance of building permits for the new 2,400 square foot seasonal cabin. j. The Applicants have not proposed to construct a lake access stair. k. With a total of 5% proposed hardcover, the Property will conform to the hardcover limitations of 25% for a Tier 1 lot. Structural coverage limitations will also be met with the proposed 4.6% structural coverage level. I. The Applicants' proposed 2,400 square foot seasonal cabin or the existing 700 square foot accessory cabin will not alter the. essential character of the neighborhood and will result 1n minimal or no negative impact on adjacent properties. m. The Applicants' request is in harmony with the purpose and intent of the ordinance. n. The Applicants have demonstra.ted that enforcing the provisions of the Zoning Ordinance deprives the Applicants of the reasonable use of their Property. 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the Applicants and the public, and the effect of the proposed variances and CUP on the health, safety and welfare of the community. 5. 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 variances and CUP 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 practical 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. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Orono Municipal Zoning Code Section 78-565 (2)(b), 78-566(3), 78-568 to allow construction of a new 2,400 square foot seasonal cabin where an existing 700 square foot seasonal cabin already exists on a Big Island Record Lot 1.57 acres in area where 5.0 acres is Page 3 of 6 required; and grants a CUP pursuant to Orono Municipal Zoning Code Section 78-565(2) to allow an existing 700 square foot guest cabin to remain in use on the Property following construction of the new 2,400 square foot seasonal cabin where an accessory guest cabin not exceeding 600 square feet is permitted; subject to the following conditions: 1. Council approval is based on the survey and building plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibits 8 & C. Any amendments to the approved plans which are not in conformity with City codes will require further Planning Commission and City Councilreview. 2. Proposed hardcover levels are conforming to the Tier 1 standards; no hardcover variances are granted. 3. The Applicants by agreeing to the provisions of this Resolution do hereby covenant that the 700 square foot accessory guest cabin will be used solely by the occupants of the new 2,400 seasonal cabin, including their domestic employees, caretakers or nonpaying guests. The 700 square foot accessory cabin shall not be rented or leased for compensation. 4. The Property shall be subject to strict showing of compliance with health and sanitation performance standards. 5. The 700 square foot accessory guest cabin and the 2,400 square foot seasonal cabin shall all be connected to on-site sewage treatment systems in conformance with the requirements of section 78"."574. 6. The 700 square foot accessory guest cabin and the 2,400 square foot seasonal cabin shall all be equipped with approved smoke detection devices and with some form of manual or automatic fire extinguishing equipment. 7. Copies of Minnehaha Creek Watershed permits, if required, shall be provided to the City prior to the issuance of the building permit. 8. An as-built grading plan/survey showing conformance with the approved plan shall be submitted prior to the final inspection of the site grading. Vegetation must be established and final grading must be approved prior to the release of escrow monies. 9. Authorities granted by this resolution run with the Property not with the Applicants, but are permissive only and must be exercised by obtaining a permit for the new 2,400 seasonal cabin and commencing construction of said project within one year of the date of Council approval, or the variances and CUP will expire on that date (April 14, 2015). Page 4 of 6 10. 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. 11. 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 14th day of April, 2014. ATTEST: Rachel Dodge, City Clerk Lili Tod McMillan, Mayor Page 5 of 6 Property Owner(s) STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before.me this_ day of _____ , 2014, by John E. Reimann, husband of Alice S. Reimann. STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public This instrument was acknowledged before me this_ day of _____ , 2014, by, Alice S. Reimann, wife of John E. Reimann. Notary Public Page 6 of 6 LEGAL DESCRIPTION: Resolution Exhibit A Lots 1, 2 and 3, SCRIVER'S SUBDIVISION OF LOT E MORSE ISLAND PAR!{ and that part of Lot 6, Morse Island Park Second Addition that lies southerly of the following described Line "A": Line "A": Beginning at a point on the east line of said Lot 6 which lies 104.53 feet southerly of the no1iheast comer of said Lot 6; thence southwesterly along a straight line to the southwest corner of said Lot 6 and there terminating. All in Hennepin County, Minnesota. !40044 23/117/l'J SUNCRESTBUILDER.S ADVANCE SURVEYING & ENGINEERING CO. SlOl)S Hwy No. l!Jl Mino<1unko, M:-. .5SJ~5 Phono (9.llH7~ 79M f;u WH\22j 051)2 www.odv,ur.rom = SUNCREST BUILDERS , 11, 2014 DRAFTED: Fcbn,ary 13, 20!4 2014loshowdimina(ionofrc!ainingwall\. 2014 10 llhow items n:qucMcd by the dicnl. 10.,how new location of cub in nnd deck configurulion. Linc "A": B~gimdng al a point nn Ilic cru.1 line of said L111 6 whkh lies l0-153 fei!t ,ou1hcr!y of the north~a•t com<T of $aid lot 6; \hence southwesterly alunc a si.aight line lo lhe southwc.i comer of ,11id Lm (, and there tcnninating. Allinllcnncpi11Coun1y,Minueso1u. SCOPE OF WORK: l. Sliow111g11ielc11glh and dire.:tion of boundary lines of lhl! ohovc kgol dc.1crip1(on. The ~:~:c 0[h:'{ ~::1~::1 ~0 e'::nWiron i:~:~d;ou~ct:c~,:~! 1 gorw~:~,~iu wf1;1\0;~~11::n/5 leaga\c~~:un 11i:11,1if· nc.:cssory, IU mnkc sure that it is corrcc~ 1111d that uny maucr~ of re~ortl, such B.'l cascwcl1!3, that you wlshshownonthc~urvey,havebc'<lnshown. 2. Showing tho locution of ex isling improvemcms we deemed important. l. Selling uew monumcut~ or verifying old monumcms !O mark the comers oflhe propcny. 4. Showing devutions und cootonr.1 lo $how the topogr.,phy of lh• ~ile. The elevations shown rola1e only to the benchmark provided on lhis SuNcy. Use that hcnchmurk U!)d .check at lcaM one o!hL1" fc~turc shown on the map when dctcm1ining oilier clc-vatiom for u.w m1 dus sue, S. While we sbow pmprucd improvemcms to your property, we not as familiar wilh your pl:111s as you an: nor arc we as familiar wllh the rcqulremen!s of govcrnmen1a/ nsencics as their ~mp!oyees are. We suggest Iha! you ro:view th• survey t~ confirm thm !he propo~al.• LIDl what you mtcnd and 1,uhmit the survey to such govcmmemol 11gct1c1rs u may have jurisd1cuon over your project to gain their approvals i(you can. 6. While we show the bui(ding ~c!hack lines pcr!hc City of Orono's w~b s(\c, we suggest you $how this survey to the appropna1c city officials 10 bt sure thul the s~lback Imes arc shown correcLly. Do d1is8EFOREyo11usc!hiss111,·cyLOdesi11nnnylhingforth!ssite. STANDARD SYMBOLS & CONVENTIONS; " • " Dcuo1cs 112" ID pipe w11J1 plasuc plug beilring S1a1c License Number 9235, set, unks~ olhcrwiscnolc'll. C~.RT!FICATION: I hereby certify lhaL I.hi~ plan, ~pe.:HicaLion, report or :;urvey wa.~ prepared by me or under my dircc1 supervisiun iUld !hat I '1fll a duly Licensed Prok!>>lunal Engineer and Liccmcd Laml Survcym under lhclJw:;of1bes!a1cofMinncsuta. Signmurc; ~ Jl. {P~ Typed Name· ~ Oa1c: Aprill 2014 £.CCEJV/2 EJ7S1'/NC CONT'OUH SJ7STING SN!' E£f'YA17CW Reg.No .f'li'OPOSBD CONTOUH -N.1- Pli'OPPS.5'0 SLf'Y,11'fON/SP01' SLEY,t170,V ····843 D/U./H,ICS ,#RKOI -no, Sfll' l'&VCA" 9235 I ~ ~ . , . ~ GRAPHIC SCALE ~ (mn:rr) I I -,,,-~.,,,,;..,): _ ---------~ ----------:t"'-f-·jJ ... I , I 1 _, : / Mlss,,1:J-0£r -A P,.i'-,, esv,·,o· w :ii I . ~1', / ( .17~ ;_./ .' ,,. --/98.25--; ,. 1'<.f:." (,?•>'O:>?(? I\.: /z_',\• a·" ,P,./ I :, ,I,.') fl .::tt~;t~" I I \ '·· i" / '·O,_ / Q,. ,. -, cs {::: cs n <( C:) --n----------N.E. Cor. Lot 6 ;: 1, [5 I L1J I (/J .1 !/ ~.::: i 1.~ D:::: /~-~ <( i~ [) \/(ti ,JI~ ···LINE ,, A,, 6' ' (O,r- Rece,1.,eo APR -2 2014 CITY OF ORONO 740044 TB REV. 3-25 m~ >< "' 2: 2. C" C: -· ---· mg - ""'n, \~hf;ga1_ description. The -uso/r With Con, I IS il k'ga/ "'•tte,· •J "' 11 tl<'rs of recor,t , .f" ""' lega/ Coonse/ ir" . ' . lie I IIS CIJSeme111s, that _;011 ·a1u. You,- lheir t You --•vtl O~er Your Web Site, We $1J lines ar~ sh ggest You Show · 0 wa correctly_ Do earmg State lic,'llse N"mber 9>35 , specification '.1Y Liccnsl:!<J , re{J(ln or S{l Ota. . Profi..•s,o;iooai E/1!er \Va.._ Prepa tDn.,., 2 ng1n,•cr and .l"ed by me or ~~ licensed L. l.l11cJer my d -~ illld Sorv lf"ect T eyorua«cr YpedN;une• -~-P~...,--Rt.-g,No ~ -~ .. • Set, unless : j : I E;, I " g 1', !' I I I I I \ \ I, \ \ \ \ I ---\.-----'---~ -·' __ , § J ~ " I;/ ',, ~ ~~-;~ "' I -I ,._, -r------ 4P; I r-z: .... .,, .,, N 8Sz;,.9;, 0 4 --,,9a..;,s __ ;y ~ 30 GR,iplilc SCALF; 0 IS Jo 60 (/){,.,,,.I') > <~ 0 r:: (j CJ ""C (j --> <_ 0 () l,J VJ I I I :ii if' I <,, S/ '"/ I I ,-' I ' tJ::: ;' I {q -! !• , SW C '-.../ -I• ~,,i"'··"· 'i ! " '"" , ' ;: c I~,{ (' ,--,';,f:] r ··~ ,,. 1:;rn t}/' '"'• ~ --158.8' i 1 ' , ' . ,.,--' -s: s 77'26'33" w :~ \ - -------~ [:;\ ~ I~;> ',, ,u.1£8N'1£ .:;,,( , w£A'111£f'IT ', 1,11(A {,-.../; _..!}- LIN[ -~l . ,,..,,,.,.., ,.,,., """' ...,,,,.,. . .,. ,,_" / <,o>- / '5:J ~ FRONT ELEVATION REAR ELEVATION RECEIVED FEB 1 9 2013 CITY OF ORONO ~~t. :s 6 c: a-~ .. ,/ ,_.,, ✓ i U.S. copyright law protects original works of authorship, including architectural plans and drawings, as soon as they are first put on paper or some other tangible medium, such as a CD-ROM or computer hard drive. A copyright !j gives the owner exclusive rights to display, distribute, reproduce and modify the plans/drawings, and the exclusive right to use the plans or drawings to construct a building. We are able to offer Wausau Homes plans under a license that allows us to construct homes based on these plans, and distribute certain copies for limited purposes relating to our construction of a home. You have been given permission to use these plans/drawings solely in ! connection with hiring us to construct a home based on these plans/drawings. Any other use of Wausau Homes plans, such as providing them to another builder or modifying the plans without permission is prohibited. Even I viewing the plans to draw a new, substantially similar plan is a violation of copyright law because copyright protects the expression of an idea, and not just a particular physical copy of a plan or drawing. Unauthorized use of I copyrighted plans or drawings can lead to significant damages, and a violator may be required to pay the copyright owner for any damages caused and any profits earned by the violator, or in some circumstances may be i required to pay statutory damages as hig~-~s $~~(),_(l_?0 per P~_rdra1iVi11g usedir1_~irnpermissi~le_1iV~: In ad_ciiti~ll, liVil~lllly_maki~g_irnpermissi~le__~se_ of C~P_Y__rig_ll_!El_dpl~ns and drawi~gs_c~n!e_a9_to _ _c~irninal pro_~~c-~ti_Oll. ----~-- REV1: DATE REV2: DATE: REV2: DATE: z z <l'. ~ w ll'. Drawn By: Jess B. Date: 2112/2014 11x17Scale: 1/8" = 1'-0" 22x34 Scala: 1/4" = 1'-0" [ Sheet# 1 m~ >< t/1 2: 2. C" C: -· ---· 00 -::l ~ i I § t ~ i RIGHT ELEVATION LEFT ELEVATION l U.S. copyright law protects original works of authorship, including architectural plans and drawings, as soon as they are first put on paper or some other tangible medium, such as a CD-ROM or computer hard drive. A copyright j gives the owner exclusive rights to display, distribute, reproduce and modify the plans/drawings, and the exclusive right to use the plans or drawings to construct a building. We are able to offer Wausau Homes plans under a 1 license that allows us to construct homes based on these plans, and distribute certain copies for limited purposes relating to our construction of a home. You have been given permission to use these plans/drawings solely in I connection with hiring us to construct a home based on these plans/drawings. Any other use of Wausau Homes plans, such as providing them to another builder or modifying the plans without permission is prohibited. Even viewing the plans to draw a new, substantially similar plan is a violation of copyright law because copyright protects the expression of an idea, and not just a particular physical copy of a plan or drawing. Unauthorized use of copyrighted plans or drawings can lead to significant damages, and a violator may be required to pay the copyright owner for any damages caused and any profits earned by the violator, or in some circumstances may be ! required to pay st!tu_tory damage:_~s high!s$150,000 per_plan o~ cirawing used in an impermissi~le w~y. In addition, willfully making imp_f:l~rnissible use of copyrig_hted plans an~_drawings can lead to criminal proi,ec~ti_on REV1: DATE: REV2: DATE: REV2· DATE: z z <( ~ w 0::: Drawn By: Jess 8. Date: 2112/2014 11:<17 Scale: 1/8" = 1'-0" 22x34 Scale: 1/4"= 1'-0" !e ~ ~ r------- 1 I I I I I I I I I r I I 1----- 1 I I I I I I I I I I I L ______ _ l!=c==tl---+--------20·-1011,· 1t re--------~ ~~ -~~-~?}]~t:J_ ---4T~=~•H·J•>= -f~~!?¼t_l;}1t)_r:~ ~u~;.!.f\xs2~~NT -~1-----_[ L::j..J c~:~b~~-~~E L1_J 10'-6"-tiHi=±--+-10•.s" L J 10'-8" L j 11 ® l I .,L .. I I I I L---+-- I I I :1-1.l,: ... ..,"~---~1 I I I I I _____________________________ J 1 ----------------------4;--------I <ti, · 298----------+---------• l "~--------------_, FOUNDATION PLAN 1[ ···1 - 2,6TreolcdPil!ew1Anchor8olb6'oc S1USooler ~~J;:,!~~~:~i'Z::' f~o~ 8 - 6ml Po~ Vapor 8arnor SleelRe-lr1forc~dFoo!ar8enn1 OJAJonal4"PiainH, Grnve1Aooregule8a$e SECTION B-B SECTION A-A SECTION C-C Seal~. 318" ~ 1' o· NOTES 8'-0" FOUNDATION WALL Dimensions are Framing to Framing Superior Wall System Reference plan for crawlspace Wall Sheathing to Align w/ Foundation i U.S. copyright law protects original works of authorship, including architectural plans and drawings, as soon as they are first put on paper or some other tangible medium, such as a CD-ROM or computer hard drive. A copyright I gives the owner exclusive rights to display, distribute, reproduce and modify the plans/drawings, and the exclusive right to use the plans or drawings to construct a building. We are able to offer Wausau Homes plans under a i license that allows us to construct homes based on these plans, and distribute certain copies for limited purposes relating to our construction of a home. You have been given permission to use these plans/drawings solely in I connection with hiring us to construct a home based on these plans/drawings. Any other use of Wausau Homes plans, such as providing them to another builder or modifying the plans without permission is prohibited. Even viewing the plans to draw a new, substantially similar plan is a violation of copyright law because copyright protects the expression of an idea, and not just a particular physical copy of a plan or drawing. Unauthorized use of I copyrighted plans or drawings can lead to significant damages, and a violator may be required to pay the copyright owner for any damages caused and any profits earned by the violator, or in some circumstances may be I required to pay statutory damages as high as $150,000 per plan or drawing __ used in an impermissible way. In addition, willfully making impermissible use of copyrighted plans and drawings can lead to criminal prosecution. REV1: DATE: REV2: DATE: REV2: DATE ~z ~z ~ <( ~~ ~w ~ cc Drawn By: Jess B. [ 0 :1212014 11x17 Scale: 1/8" = 1'-0" 22x34 Scale: 1/4" = 1'-0" Ill o"" ~ ,-----------------------------n·-11"------------------------------,< ;------------------------63'-11"-------------------------+----14'-0"------,/ ,------------34'-11112"------------------------33'·0''---------+---<~--9'·111/2" n-?s~~~-1" 13•.7•-------r----9'-!1'' --,r--- i---rr-1 U I ~in,~?~-.J I-LL __ DINING 2·-0 .. L7'-2"--,-----14'-\1718"----_,_ __ 7•--4•--Ls·-21,a·--,I,----- ~:~.~:,~~'~1"~'cT.%~ Loo~,ng GREAT ROOM 'J: I ~15 ', SCREEN PORCH 1J'-7"i<24'-3" I :;£ L----------------46'-6114" ------------------------+--------,4·-o· L_ ________ s,•.11· --------------:-:-===----L _________________________ ~=-=-77•.11" 1 ST FLOOR PLAN NOTES Floor Square Footage: 1734 rPerElev l. !j ~ ;~'t'~~~~~~~ - - TYPICAL WALL SECTION Scale: 1/2"= 1'-0" Wall Bracing @ l!ilffiffifimii ~:X:&~.!" ... ~u .. :... .... ~,ai,, ... ~-. ® ~ :;,:;::::1~~~~~~:E.:::q;:£~~ ............................... ni..,.-· @ ~ ==~:~~221~£ti7::~:-= ... o'E"'l"""''llo'1"-"'"'"'~r--••r<-,.dto ,1o,, .... ,,r-,.,••• .... ..i .. •co .... ,i.~l•~t, ® ~ iE'::5:":;E::~~:;;J?:•i 111' ........ .,.., ... K"< ........... ~ ..... ,...,.,. -~···"" ..... .. <)l,MlUl,N<J'l.:S. ,.u .... , •.• ,,..,..,,~t.., • ....,,,,.11oo,,._.,,., ~~~~~~s§e~~i/. ? 6 5R ,_.,., .. _,, .. .., ... ,,. •• ,.Nll,l•••"""••dl\oM, .(:"1 _,.,..,,,._.__,••~••'"w"•"""'"''," _ c)' ••••""""•hh,,.,.nlp,,21l"'"••l(IJ ft ..... U.S. copyright law protects original works of authorship, including architectural plans and drawings, as soon as they are first put on paper or some other tangible medium, such as a CD-ROM or computer hard drive. A copyright gives the owner exclusive rights to display, distribute, reproduce and modify the plans/drawings, and the exclusive right to use the plans or drawings to construct a building. We are able to offer Wausau Homes plans under a license that allows us to construct homes based on these plans, and distribute certain copies for limited purposes relating to our construction of a home. You have been given permission to use these plans/drawings solely in connection with hiring us to construct a home based on these plans/drawings. Any other use of Wausau Homes plans, such as providing them to another builder or modifying the plans without permission is prohibited. Even viewing the plans to draw a new, substantially similar plan is a violation of copyright law because copyright protects the expression of an idea, and not just a particular physical copy of a plan or drawing. Unauthorized use of copyrighted plans or drawings can lead to significant damages, and a violator may be required to pay the copyright owner for any damages caused and any profits earned by the violator, or in some circumstances may be [~~ciuired_to_P~Y ~~8!ut~ryda_rn~g--=-s~s high as $150,000 per plan or dra.ving used in an impermissible way. 111 addition, willfullymaking impermissible use of copyrighted plans and drawings can lead to criminal prosecuUon. REV1: DATE: REV2· DATE: REV2: DATE: • ~z ~z • <( ~:;a ~w :l'o::: Drawn By: Jessa. Date: 2/1212014 11x17 Scafe: 1/8" = 1'-0" 22x34 Scale: 114" = 1'-0" Ill a"~ ! ti C ·;; !1 ~@) u ;t? " 4 0 ➔ 113-91n" ~ I i •\• · :1 ··1· . ' . •· .. . . ~ ! 22'·8"-~------ll'-- LI OFFICE/ STORAGE 22',0"x19'-6" 1-------+----26'-01/2" ,c·u ., .. IJ'--r -1 ,,,__,,I 2ND FLOOR PLAN Floor Square Footage: 570 NOTES 1/8" WALL HEIGHTS ns are Framing to Framing 2ply 2x10 Sel-Struc Headers AtticNau!ted Trusses OPEN BELOW ,7114"6'-111/4" U.S. copyright law protects original works of authorship, including architectural plans and drawings, as soon as they are first put on paper or some other tangible medium, such as a CD-ROM or computer hard drive. A copyright gives the owner exclusive rights to display, distribute, reproduce and modify the plans/drawings, and the exclusive right to use the plans or drawings to construct a building. We are able to offer Wausau Homes plans under a license that allows us to construct homes based on these plans, and distribute certain copies for limited purposes relating to our construction of a home. You have been given permission to use these plans/drawings solely in connection with hiring us to construct a home based on these plans/drawings. Any other use of Wausau Homes plans, such as providing them to another builder or modifying the plans without permission is prohibited. Even viewing the plans to draw a new, substantially similar plan is a violation of copyright law because copyright protects the expression of an idea, and not just a particular physical copy of a plan or drawing. Unauthorized use of copyrighted plans or drawings can lead to significant damages, and a violator may be required to pay the copyright owner for any damages caused and any profits earned by the violator, or in some circumstances may be [ re_~r99_t~_Pa_Y statutory damages as_high as__$1?0,000 pe_~ plar,~ ?rav.tingus_ed in_a_n_irnpermissible way. In addition, willfLJlly making irnpermissible_use ofc_oi:iyr~ghted_p__l_an!,_a_n_d drawings_c:an ~ea?_~~c:~irla_l prosecution. REV1: DATE: REV2: DATE REV2· DATE: • ~z ~z Hi ~w ;g o::c..._ __ _ 1/8" = 1'-0" 1/4" = 1'-0" ! Sheet# 5 I. ~ STAIR DETAIL SCALE: 3/8" = 1'-0" (22x34) 3/16" = 1'-0" (11x17) ~ _, a, ~ 0 ~ ;;. I I I I 1- 1 I ~ ~ L~====:::::::::::: "' STAIR DETAIL ~ SCALE: 3/8" = 1'-0" (22x34) 3116" = 1'-0" (11x17) r· ~-..........---,- I I, II t--+-_L._ Roof Plan View Scale: 1/8" = 1'-0" (22x34) 1/16"= 1'-0" (11x17) ' 1l3658 --1 REV1: DATE: REV2· DATE: REV2: DATE: z z <( :'2: jjj Q'. Drawn By: Jess B. Date: 2/1212014 11x17 Scale: 118" = 1'-0" 22x34 Scafe: 114" = 1'-0" U.S. copyright law protects original works of authorship, including architectural plans and drawings, as soon as they are first put on paper or some other tangible medium, such as a CD-ROM or computer hard drive. A copyright gives the owner exclusive rights to display, distribute, reproduce and modify the plans/drawings, and the exclusive right to use the plans or drawings to construct a building. We are able to offer Wausau Homes plans under a license that allows us to construct homes based on these plans, and distribute certain copies for limited purposes relating to our construction of a home. You have been given permission to use these plans/drawings solely in connection with hiring us to construct a home based on these plans/drawings. Any other use of Wausau Homes plans, such as providing them to another builder or modifying the plans without permission is prohibited. Even viewing the plans to draw a new, substantially similar plan is a violation of copyright law because copyright protects the expression of an idea, and not just a particular physical copy of a plan or drawing. Unauthorized use of copyrighted plans or drawings can lead to significant damages, and a violator may be required to pay the copyright owner for any damages caused and any profits earned by the violator, or in some circumstances may be [ Sheet# 6 I required to pay statutory damages as high as $150,000 per plan or drawing used in an impermissible way. In addition, willfully making impermissib~e use of copyrighted plansan_d drawings can lead to crin1inal prosecution. \') ~ 140044 23/117123 SlJNCREST BUILDERS ADVANCE SURVEYING & 5300 S. Hwy. No. !01 Minnetonka, MN 55345 Phone (952) 474 7964 Fax (952) 225 0502 www.advsur.com SUNCREST BUILDERS February 11, 2014 DRAFTED: February 13, 2014 ary 19, 2014 to show elimination ofretaining walls. 28, 2014 to show items requested by the client. 1, 2014 to show new location of cabin and deck configuration. LEGAL DESCRIPTION: Lots l, 2 and 3, SCRIVER'S SUBDIVISION OF LOT E MORSE ISLAND PARK and tbat part of Lot 6, Morse Island Park Second Addition that lies southerly of the following described Line 11A11 : Line ttA": Beginning at a point on the east line of said Lot 6 which lies 104.53 feet southerly of the norlheast comer of said Lot 6; tl1ence southwesterly along a straight line to the southwest comer of said Lot 6 and there terminating. All in Hennepin County, Minnesota. SCOPE OF WORK: 1. Showing the length and direction of boundary lines of the above legal description. The scope of our services does !!21 include determining what you own, which is a legal matter. Please check the legal description with your records or consult with competent legal counsei if necessary, to make sure that it is correct, and that any matters of record, such as easements, that you wish shown on the survey, have been shown. 2. Showing the location of existing improvements we deemed important. 3. Setting new monuments or verifying old monumenL<; to mark the corners of the property, 4. Showing elevations and contours to show the topography of the site. The elevations shown relate only to the benchmark provided on this survey. Use that benchmark and check at least one other feature shown on the map when determining other elevations for use on this site. 5. While we show proposed improvements to your property, we not as familiar with your plans as you are nor are we as familiar with the requirements of governmental agencies as their employees are. We suggest that you review the survey to confinn that the proposals are what you intend and submit the survey to such governmental agencies as may have jurisdiction over your project to gain their approvals if you can. 6. While we show the building setback lines per the Cily of Orono1s web site, we suggest you show this survey to the appropriate city officials to be sure that the setback lines are shown correctly. Do this BEFORE you use this survey to design anything for this site. STANDARD SYMBOLS & CONVENTIONS: " • 11 Denotes 1/2 11 ID pipe with plastic plug bearing State License Number 9235, set, unless otherwise noted. CERTJF!CATJON: I hereby certify that this plan, specification, report or survey was prepared by me or W1der my direct supenrision and that I am a duly Licensed Professional Engineer and Licensed Land Smveyor under the laws of the state of Minnesota. Signature: ~ Je. {P~ Typed Name: James H. Parker ~ Date: Aprill, 2014 Reg. No. LECE./V.IJ 1!717S1'lNG SP07' IJZSVA770JV X 883.0 PROPOSJi'D COJV7'0U.R --863-- PROPOSKJJ EI.CYAT.IOJV/.5'1'07' IJZSVA770JV -···693 = --SF -- --------------94.1 ----------- I I GRAPHIC SCALE 15 30 ; i ( IN FEET) 60 i ,,-s.w. Cor. Lot 6 / ( -o~ / I -,,. L_ () I-- Cl Cl <( Cl -,,. L_ C) (_) L1J (/) , .... ..-- 0~ <( ,..., LJ_ (_ 0)- / "' = lnfonnailon taken from S/.H'Yi!IY by Demars Gabriel supplied to us from aur client -----------N.E. Cor. Lot 6 7r ·1 I I .ii .. , !2/ I I"-' I' Ir:;-~ "'"' I"'"' ( 8 \ I <: ----LINE ,, A,, Council Exhibit 8 1 RECEl'.'EO APR -2 2014 CITY OF ORONO 740044 TB REV. 3-25 J 81 J - I I I I I I I I I I / I --:---1--;1--\ ---;1 _ I I \ I I I I / ; I / I ; I X952.+ I ' / I /941.4 / / / X945.7 I I I I JlaSSASOLJ" , .,A VF. / , , / 1 ; / / / /P"N 1 B5VQ'4o" 1-v L?7.:t' ,.-.J / / l--19,a.2s-- I ,' 'i I I ( i:;v ;O) 9> I I I I I \ I \: \ \ I I I ; I 11 I I I l ! I I t I I I I l 11 I f I I I XS~1\r \ \ I 92919 I I I O ; J I I I 1-sj-l I I I i O') I I 'I I I \ I I I l I I I j l \ ! I I I I I I I 'I \ I! 11 Ii I I I I I I! I I ! I I I I I I I I I: Ii 10, 11.(); : er I , I I I I I I I I I I 'I I / I I I / 1 X951.0 ------- __ 4'-f,nd ~..::J.: X977.2 953.7 "f I I ./ I I ~, I I I ~- X950.2 \ xs1s.+ I I \ / \ \ / / / / / / / / / / / \ / \... ,," ' / ' / ' / 'v / \L \ < I ( ----- ------ Demars Gabriel supplied to u~ * == Information taken from survey by City of Orono Hardcover Calculation Worksheet Property Address: 430 Big Island (our survey 140044) Prepared by: James H. Parker P.E. & P.L.S. No. 9235 Date: Council Exhibit C 3/26/2014 Stormwater Quality Overlay District Tier: (Circle one) Tier 1 Tier 2 Tier 3 Tier 4 Tier 5 Step 1: EXISTING HARDCOVER In the following table identify fill items of existing hardcover on the property, keyed by letter to Certificate of Survey (survey must accompany this form). Use as many lines as necessary to accurately depict existing hardcover status of the property. Key to Hardcover Item {Describe) Survey (Example) (Garage) A Cabin B Existing Deck C Shed D Water Tower E Pump House F G H I J K L M N 0 p Q R s T u V w X y L (1) Total Existing Hardcover Excludable Hardcover (See Citv Code Sec 78-1684) (2) Total Excludable Hardcover (3) Net Existing Hardcover (4) Total Lot Area Existing Hardcover Percentage [(3) / (4)) Length x Width (24' X 30') Total {Square Feet) (720) S.F. 701 S.F. 188 S.F. 115 S.F. 12 S.F. 49 S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.1-. 1065 S.F. S.F. S.F. S.F. S.F. S.F. 0 S.F. 1065 S.F. 68 612 S.F. 1.55% ONO~O .:lO All:) tlOZ Z-~,..1i_; C3Al3~3~ AlJVANL~' SURVb'YJNCi & b'NCilNb'bRJNCi L'U. I hereby certify that this report was prepared by me or under my direct supervision and that I am a licensed professional engineer and a professional land surveyor under the laws of the State of Minnesota. James H. Parker P.E. & P.L.S. No. 9235 ~ep2: PROPOSED HARDCOVER In the following table identify ml items of existing hardcover on the property, keyed by letter to Certificate of Survey (survey must accompany this form). Use as many lines as necessary to accurately depict existing hardcover status of the property. Key to Hardcover Item (Describe) Length x Width Total (Square Feet) Survey (Example) (Garage) A Existing Cabin B Existing Deck C Shed D Water Tower E Pump House F Proposed Cabin G Proposed Decks H I J K L M N 0 p Q R s T u V w X y L (1) Total Prooosed Hardcover Excludable Hardcover (See Citv Code Sec 78-1684) (2) Total Excludable Hardcover (3) Net Proposed Hardcover [Subtract line (2) from line (1)1 (4) Total Lot Area Proposed Hardcover Percentage ((3) / (4)1 (24' X 30') (720) S.F. 701 S.F. 188 S.F. 115 S.F. 12 S.F. 49 S.F. 1785 S.F. 733 S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. ::,,t-. 3 583 S.F. S.F. S.F. S.F. S.F. S.F. 0 S.F. 3 583 S.F. 68 612 S.F. 5.22% RECEIVED APR -2 2014 CITY OF ORONO Date Application Received: 02/19/14 Date Application Considered as Complete: 02/24/14 60-Day Review Period Expires: 04/25/14 To: From: Date: Subject: Chair Leskinen and Planning Commission Members Jessica Loftus, City Administrator Melanie Curtis, Planning & Zoning Coordinator 1M U 13 March 2014 #14-3658, Grant Johnson of Suncrest Builders o/b/o John & Alice Reimann 440 Big Island Variance & CUP Public Hearing Zoning District: RS -Seasonal Recreational District, 5-acres/200-feet Lot Area: 68,612 s.f. / 1.57 acres Lot Width: 321' @ OHWL & 266' @ 75' setback Application Summary: The applicant is requesting the following: 1. A lot area variance to permit construction of a new 2,400 square foot seasonal cabin where one cabin currently exists; 2. CUP for a guest cabin which exceeds 600 square feet; 3. An average lakeshore setback variance for a portion of the proposed seasonal cabin (covered porch) to extend into the average lakeshore setback. Staff Recommendation: See page 6. List of Exhibits Exhibit A. Exhibit B. Exhibit C. Exhibit D. Exhibit E. Exhibit F. Exhibit G. Exhibit H. Exhibit I. Exhibit J. Exhibit K. Application Proposed Survey/Site Plan Proposed Plans and Elevations Submitted Hardcover Calculations City Engineer Memo RS-Seasonal Recreational District Code Aerial Photos-Bing Resolution No. 2146 -Record Lot Resolution No. 6308 -Lot Line Rearrangement Property Owners List Plat Map Council Exhibit D Pertinent Zoning Ordinance Sections Sec. 78-563. Nonconformities. Sec. 78-564. Permitted uses. Sec. 78-573. Building construction standards. Sec. 78-916. Granting of permit. Sec. 78-565. Conditional uses. Sec. 78-566. Accessory uses. Sec. 78-570. Yard and setback requirements. Sec. 78-1279. Placement of structures on lots. Sec. 78-1700. Specific tier regulations. Background FILE# 14-3658 14 Mar 2014 Page 2 of 6 In August 2013 the subject property was involved in a lot line rearrangement to combine three nonconforming Big Island Record Lots into two Record Lots. The property currently contains a 700 square foot seasonal cabin. The property owner wishes to construct a new 2,400 square foot seasonal cabin while maintaining the existing 700 square foot cabin as a guest cabin. Guest cabins are a permitted accessory use; however a guest cabin which exceeds 600 square feet requires a conditional use permit. In 1987, permanent lot area and width variances were granted for a number of the non- conforming sized properties on Big Island. The subject property and the property it was partially combined with in 2013 both have Record Lot status. The perpetual lot area and width variance granted to this property specifically by Resolution No. 2146 states that the property can be used for the following: 1. One-family seasonal recreational use without a structure (i.e. dock, campsite, etc); or 2. One new seasonal dwelling may be built; or 3. An existing seasonal dwelling may be used, improved, expanded or replaced. Approval of the above was subject to strict compliance with all building codes, septic treatment codes, and zoning codes. Because the property owner wishes to keep the existing 700 guest cabin, a lot area variance is required in order to construct the new seasonal cabin. Additionally it appears the open porch portion of the proposed cabin extends into the average lakeshore setback area, therefore an average lakeshore setback variance is also required. LOT ANALYSIS WORSHEET Lot Area/Width: RS District Lot Area Lot Width Required 217,800 s.f. (5 acres) 300' Actual 68,612 s.f. (1.57 acres) 321' @ OHWL & 266' @ 75' setback Setbacks: The existing guest cabin is located 12.7 feet ahead of the 75' setback line and 28.7' ahead of the average lakeshore setback line. RS District Required Setbacks Proposed -New Cabin Rear (ROW) 30' +100' North Side {ROW) 30' 91' South Side 50' 50' Lakes ho re 75' 90.6' The proposed new cabin meets the average lakeshore setback, Average Lakeshore however it appears the proposed covered deck/open, roofed porch encroaches approximately 6 feet into the setback. Structural Coverage: Total Lot Area 68,612 s.f. (1.57 acres) Hardcover Calculations: Stormwater Total Area in Overlay District Tier Zone Tier 1 68,612 s.f. Lot Area Variance Total Structural Coverage Allowed: 10,291 s.f. (15%) Proposed: 3,220 s.f. (4.6%) Allowed Existing Hardcover Hardcover 17,153 s.f. 1,065 s.f. (25 %) (1.55%) FILE# 14-3658 14 Mar 2014 Page 3 of 6 Proposed Hardcover 3,469 s.f. (5%) The lot area and width variances granted to the Record Lots on Big Island formalized the existence of properties (or groups of commonly owned parcels making up one property) which did not conform to the area and width standards of the RS -Seasonal Recreational district. The Record Lot status offered assurances to the property owners that their properties could be developed without variances for uses considered to be a basic right of ownership on Big Island. Not all property owners took advantage of the Record Lot variance process. What the Record Lot variance did not do was allow for an intensification of the use of the property without further City review. The applicant's request to construct a new seasonal cabin on a property less than 5.0 acres is reasonable and fits within the parameters of the allowed uses outlined in the Record Lot resolution. The need for the lot area variance is due to the applicant's desire to keep the existing cabin and convert it to a guest cabin. The proposed hardcover and structural coverage levels are below what is permitted. It does not appear the proposed seasonal cabin will increase the feel of structural massing on the property to any level of significance. The RS District setbacks, bluff setbacks and lakeshore setbacks will be met. The proposed open porch is shown to be located within the average lakeshore setback and a variance will be necessary. Average Lakeshore Setback The applicant has located the proposed seasonal cabin on the high point of the property. It appears this orientation results in the porch portion of the cabin being pushed into the average lakeshore setback area. The vegetation on the property and adjacent right-of-way, the topography and as well as the location of the existing guest cabin likely screen the porch portion of the new seasonal cabin from views from the property to the north at 450 Big Island. Due to the curve of the shoreline and the location of the cabin on the property to the south the proposed cabin will not likely be visible from the cabin on the property to the south. Conditional Use Permit Analysis City Code Section 78-565 indicates that a CUP is required for guest cabins exceeding 600 square feet in floor area. A CUP may be issued for one or more private guest cabins, provided the FILE# 14-3658 14 Mar 2014 Page 4 of 6 applicant demonstrates and the council finds that the additional living or sleeping facilities will not contribute to overcrowding or overuse of a small property or will not adversely affect neighboring properties, and that extra private precautions are taken for fire protection and security of persons and property, as follows: a) Private guest cabins shall be used solely by the occupants of the seasonal or principal dwelling, including their domestic employees, caretakers or nonpaying guests. Private guest cabins shall not be rented or leased for compensation. b) The minimum dry buildable record lot area required for approval of a private guest cabin conditional use permit without a variance shall be 5.0 acres. Approval of a private guest cabin conditional use permit on an existing record lot of less than 5.0 acres shall be subject to strict showing of compliance with health and sanitation performance standards. c) The guest cabins and the seasonal or principal dwelling shall all be connected to on-site sewage treatment systems in conformance with the requirements of section 78-574. d) The guest cabins and the seasonal or principal dwelling shall all be equipped with approved smoke detection devices and with some form of manual or automatic fire extinguishing equipment. e) All property in common ownership shall be combined into one tax parcel, if contiguous; or, if separated by public rights-of-way, a special lot combination form shall be executed and filed in the chain of title of each separate parcel. f) Not more than one private guest cabin constructed without indoor plumbing. toilets or kitchen facilities, and used only for additional sleeping quarters, shall be permitted on any property as an accessory use without requiring a conditional use permit, provided the accessory cabin does not exceed 600 square feet in floor area and provided all accessory building performance standards are met. Use of more than one accessory building for additional sleeping quarters. or use of an accessory building in excess of 600 square feet in floor area. shall require issuance of a conditional use permit and compliance with the provisions of subsection (2) of this section. By code, conditionally permitted uses must be reviewed using the criteria found in Section 78- 916. 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 property owners' proposed seasonal use of the property is consistent with the goals outlined for Big Island use within the Community Management Plan. (2) Compliant with the zoning code, including any conditions imposed on specific uses as required by article V, division 3 (i.e. 78-966 thru 78-968) of the City Code; the applicant and property owner will be required to adhere to the City's regulations regarding earth moving activities. (3) Adequately served by police, fire, roads, and stormwater management; Due to the nature of the use of property on Big Island, in the opinion of staff this criterion is met. (4) Provided with an adequate water supply and sewage disposal system; the property owner will be required to comply with all appropriate water supply and septic treatment regulations for the property. (5) Not expected to generate excessive demand for public services at public cost; in the opinion of staff this criterion is met. FILE# 14-3658 14 Mar 2014 Page 5 of 6 (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 property owners' intended use of the property is consistent with adjacent and surrounding properties on Big Island. (7) Consistent with the character of the surrounding area, unless a change of character is called for in the community management plan; in the opinion of staff this criterion is met. (8) Compatible with the character of buildings and site improvements in the surrounding area, unless a change of character is called for in the community management plan; in the opinion of staff this criterion is met. (9) Not expected to substantially impair the use and enjoyment of the property in the area or have a materially adverse impact on the property values in the area when compared to the impairment or impact of generally permitted uses; in the opinion of staff this criterion is met. (10) Provided with screening and buffering adequate to mitigate undesirable views and activities likely to disturb surrounding uses; the vegetation existing on the property and surrounding properties as well as the topographic difference between the lake and the building site will serve to screen the property owners' cabins from off the property. (11) Not create a nuisance which generates smoke, noise, glare, vibration, odors, fumes, dust, electrical interference, general unsightliness, or other means; in the opinion of staff this criterion is met. (12) Not cause excessive non-residential traffic on residential streets, parking needs that cause a demonstrable inconvenience to adjoining properties, traffic congestion, or unsafe access; Not applicable. (13) Designed to take into account the natural, scenic, and historic features of the area and to minimize environmental impact; in the opinion of staff this criterion is met. (14) All exterior lighting shall be so directed so as not to cast glare toward or onto the public right-of-way or neighboring residential uses or districts; the property owners' plans should adhere to the lighting standards of the Zoning Code; and (15) Not detrimental to the public health, public safety, or general welfare. In the opinion of staff this criterion is met. Practical Difficulties Statement Applicant should be asked for practical difficulties testimony regarding the application. Practical Difficulties 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 practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Staff finds the applicant's request for a CUP and lot area variance is reasonable. The subject FILE# 14-3658 14 Mar 2014 Page 6 of 6 property is heavily wooded and elevated above lake level approximately 30 to 40 feet making visibility of the new seasonal cabin difficult when viewed from the lake. All required setbacks and zoning standards can be met. However, staff questions the need to grant an average lakeshore setback variance. The seasonal cabin can be reoriented slightly to meet the setback or redesigned if necessary. Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? 2. Does the Planning Commission find that the CUP and variances, if granted, will not alter the essential character of the neighborhood? 3. Does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested CUP and variances? 4. Are there any other issues or concerns with this application? Staff Recommendation Planning Staff recommends the following: l. Approval of the lot area variance permitting construction of a new 2,400 square foot seasonal cabin on a substandard record lot. The approval shall be subject to strict adherence to all applicable environmental codes (relating to septic treatment and water supply), all building and all zoning codes. 2. Approval of the CUP to allow maintenance of the guest cabin which exceeds 600 square feet. The existing plumbing and kitchen facilities must be removed from the guest cabin. 3. Denial of the average lakeshore setback variance for the proposed seasonal cabin (covered porch) to extend into the average lakeshore setback. PC Exhibit A City of Orono Land Use & Conditional Use Permit 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# Date Received: Staff: Fee: Escrow#&$ Permit Fee Notes: 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. Job Site Address: 'f'-/0 l!J13 J:s /046 CONTRACTOR, APPLICANT INFORMATION: 0 . J , I., 11= Name: _ S V r'\ c. cu+-D VJ I c{,..,er S -W 01(A.J 4vt.-[E.111&~ Phone: ~~ 3 -!-/ ~q -,q--S-S~ Fax: 7~ ~ ~-.55""'5"CJ Address: 57S-q~~ .£f~ f?ck '3$'2-cTtii, i ;n ZIP: !i"S.3£1 Contact Person: ~ =;;-~ol-ith~ Contact's phone num er 7?,1-¥7?-S:S£'S Email joh;:; w U.L .~Applicant is: anti-actor Homeowner (Circle One) PROPERTY OWNER INFORMATION: II/ .I) Name: O"'ohv1 a¥1.d M,(C-e,.., ,c,e,,,,,v1V1n Phone (day): t; ( :z.. -'3 ~o -qS:o J le, t 2. -8'75;--£ 3 Z o Mailing Address: Z I Cf S-7 fhinad-aaE¼ t3&J.. V4 :-t-J Z , E:>a,e,/t1°6r.l>1iVZIP: SS 3 3 I Email and/a~ Fax jo~6 .' ce.-1 n,,11n r? @--ceJ,.,,,.sho-e..f. an-, ~r e, /~&e,., te.i 1:\14 Ill"\ @ 8m+t"1 / , WYvi • Overall ProJect Description: Ccvuftu,f~ l"\e.v .$€4/ 0(14 I eqb,n f ce,-b,,n &•~ <fne.rfc.-f"'tt Check Box LAND USE APPLICATIONS Application Fee Escrow Appeal of Administrative Decision $50 NA Commercial Site Plan Review $700* $10,000 (minimum) Comprehensive Plan Amendment $700* $700 Easement/ Right-of Wav (ROW) Vacation, without Subdivision $700* $700 PID (5 acre minimum per code) $200/ acre (minimum $1,000)* $10,000 (minimum) PUD Rezonina (Hwv 12 Corridor Only) -Residential $700 + $40 oer dwellino unit* $10,000 (minimum) PUD Rezonina (Hwv 12 Corridor Only) -Commercial/Industrial $200/acre (minimum $875)* $10,000 (minimum) RPUD or PRD, without Subdivision $50/dwelling (minimum $600) Zoning Amendments includina Rezoning $700* $700 ~-AfF;;;/{ Va ri4r,,U ,,s -U.!.( -/-lv,v1, ~ ac.re.f. -hr _tfw.d--,;1/...,~ er efut-.tf u,b,;, eye,,kc/-,I t-ct'J/J < 'F Check Box CONDITIONAL USE PERMlnCUP) y Application Fee Escrow After-the-Fact CUP Double Fee Amend Existing CUP $700* N/A Commercial / Industrial Use $700* $700 Duplex Credit (per building) $700* $700 Gradina and Filling-501 cu. yd. or more $700*+Permit Fee $700 Grading and filling-within 75' of OHWL (includes seawalls & retaining walls) $700*+Permit Fee $700 Grading and filling-wetland and floodplain $700*+Permit Fee $700 -· --Guest House / Guest Apartment $700* $700 _, --.. Institutional -Type: $700* $700 Renewal of CUP, IF no change to original plan $350 NA X Residential Accessory Use -Tvpe: --$700* $700 (;t,v_rY 'r't1~ _sel(ScJ/)C( I CJJbi)i\C\,t:IVt:U *plus, Engineering & Legal Review Costs Packet Last Updated: 03/29/13 FEB 1 9 2013 crfY2a~9 0RONO #3658 REQUIRED SUBMITTALS: All of the following information must be submitted by the application deadline date in order for your application to be processed. APPLICANT AND/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. Owner and/or Applicant 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. Owner's Signature: ~£~A,) Date: Owner's Signature: Date: Applicant's Signature: ~"'-✓ Date: I I Applicant's Signature: ___________ _ Packet Last Updated: 03/29/13 Page 13 of29 Date: _____________ _ RECEIVED FEB 1 9 2013 CITY OF ORONO 140044 23/117/23 SUNCREST BUILDERS ADVANCE SURVEYING & EIVvfNEERING CO. 5300 S. Hwy. No. IOI Minnetonka, MN 55345 Phone (952) 474 7964 Fax (952) 225 0502 W',\".\·.advsur.com SURVEY FOR: SUNCREST BUILDERS SURVEYED: February 11, 2014 DRAFTED: February 13, 2014 ~ February 19, 2014 to show elimination of retaining walls. LEGAL DESCRIPTION: Lots I, 2 and 3, SCRIVER'S SUBDIVISION OF LOT E MORSE ISLAND PARK and that part of Lot 6, Morse Island Park Second Addition that lies southerly of the following described Line "A": Line "A": Beginning at a point on the east line of said Lot 6 which lies 104.53 feet southerly of the northeast comer of said Lot 6; thence southwesterly along a straight line to the southwest comer of said Lot 6 and there terminating. All in Hennepin County, Minnesota. SCOPE OF WORK: l. Showing the length and direction of boundary lines of the above legal description. The scope of our services does ,!!Q!, include determining what you own, which is a legal matter. Please check lhe legal description with your records or consult with competent legal counsel, if necessary, to make sure that it is correct, and that any matters of record, such as easements, that you wish shown on the survey, have been shown. 2. Showing the location of existing improvements we deemed important. 3. Setting new monuments or verifying old monuments to mark the comers of the property. 4. Showing elevations and contours to show the topography of the site. The elevations shown relate only to the benchmark provided on this survey. Use that benchmark and check at least one other feature shown on the map when determining other elevations for use on this site. 5. While we show proposed improvements to your property, we not as familiar with your plans as you are nor are we as familiar with the requirements of governmental agencies as their employees are. We suggest that you re,iew the survey to confirm that the proposals are what you intend and submit the survey to such governmental agencies as may have jurisdiction over your project to gain their approvals if you can. 6. While we show the building setback lines per the City of Orono's web site, we suggest you show this survey to the appropriate city officials to be sure that the setback lines are shown correctly. Do this BEFORE you use this survey to design anything for this site. STANDARD SYMBOLS & CONVENTIONS: " • " Denotes 1/2" ID pipe with plastic plug bearing State License Number 9235, set, unless otherwise noted. CERTIFICATION: I hereby certify that this plan, specification, report or survey was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer and Licensed Land Surveyor under the laws of the state of Minnesota. Signature: ~ JC. tf>~ Typed Name: James H. Parker • Date: February 19. 2014 Reg. No. .LEC.£N.D EUSl'ING CONTOUR -----·883···---- P.HOPOS:ED CONTOUR --883-- P.HOPOS:ED ELEY,l:tTON/SPOF .6Z6'Y,'770H -883 .IJ.IUfMJG.8' ,ueeor -JIZOr ==> --sr-- I i , __ !J<I -------------------------- ., . ~ ,.. - ,, < -o >-. ,, -,.. -,:;_ () ~- C) C) <( C)---r·· -,.. (1 -,:;_ I C) I () L,J I (/) :ii \,✓ I~ <( I"\ LJ_ g' -I I' I'-' I • /~-~ '1'91 llq N ,a ':.:: --·-····-N.E. Cor. ----LINE I <.o'),.. I PC Exhibit B I Lot 6 ,, A,, 140044 TB REV. 2-19 .... ' ' \ \ I I I I I I I I I M ,,fi0,91 \~ s ,. ... oz·Bz:. , ..... (_~) ' r-✓-=' -,. i-!-.-;,--,, ../ --"'\ >I '\,. , ..... ~ A""° ~: \_)' : /----- ~,/ I \-- () ..J ---- I I \ ) I I I I I I --..J . .,,0 v :,,. ~ , _,, / / / \ \ \ I --(_) \ I \ \ \ \ \ \ \ \ \ \ \ ',--''0, 'lJ) v.\::_ ---, __ , ' ' / / / \ \ \ \ \ \ \ \ \ \ \ \ \ ·~ \ q. \ ' ' \ ' \ \ ' ' '- \ ' '-' ' \ \ \ \ I I I -...!.. I -!_ I I \ \ \ \ I I I I <.O '° 0) ___ .. , / ' / \ I ,/ ,, -✓- ' ' ' ' I \ ' \ \ \ \ \ -' \-' _, \ \ \ \ I --Q-- / / -- I I / ' ' ' '-'-'\ ' ' ' \ ' ' ' \ ' \ \ \ ' \ \ ' \ \ ' &>19. \ 6"' ' ' \ '-' ' q. / \ ' / ' \ \ ' ' I I I I I / / / / I / / / / / / / I I gg 7 / '-I == -r; ~ ~-""'F,; 11 1----- 1-----/ ~ / 1---....... "' b. ~ -~ [\ ~ 1----- ~~ 2 FRONT ELEVATION REAR ELEVATION 12d~ 14~,, ' ' / ' -,-,I, / / , SJ '"-I I/ '--.... '== [\ '-bs. I II II ' ' ' ' ' 'C ' .., ~ PC ExhibitC RECEIVED FEB 1 9 2013 CITY OF ORONO U.S. copyright law protects original works of authorship, including architectural plans and drawings, as soon as they are first put on paper or some other tangible medium, such as a CD-ROM or computer hard drive. A copyright gives the owner exclusive rights to display, distribute, reproduce and modify the plans/drawings, and the exclusive right to use the plans or drawings to construct a building. We are able to offer Wausau Homes plans under a license that allows us to construct homes based on these plans, and distribute certain copies for limited purposes relating to our construction of a home. You have been given permission to use these plans/drawings solely in connection with hiring us to construct a home based on these plans/drawings. Any other use of Wausau Homes plans, suc:h as providing them to another builder or modifying the plans without permission is prohibited. Even viewing the plans to draw a new, substantially similar plan is a violation of copyright law because copyright protects the expression of an idea, and not just a particular physical copy of a plan or drawing. Unauthorized use of copyrighted plans or drawings can lead to significant damages, and a violator may be required to pay the copyright owner for any damages caused and any profits earned by the violator, or in some circumstances may be required to pay statutory damages as high as $150,000 per plan or drawing used in an impermissible way. In addition, willfully making impermissible use of copyrighted plans and drawings can lead to criminal prosecution. REV1: DATE: REV2: DATE: REV2: DATE: Drawn By: Jess 8. Date: 2112/2014 11x17 Scale: 1/8" = 1'-0" 22x34 Scale: 114" = 1'-0" ::====1t======1 t====l::======l ~ ~ = t======il ~ ~ r / Di ~ I : ::=====:: RIGHT ELEVATION LEFT ELEVATION U.S. copyright law protects original works of authorship, including architectural plans and drawings, as soon as they are first put on paper or some other tangible medium, such as a CD-ROM or computer hard drive. A copyright gives the owner exclusive rights to display, distribute, reproduce and modify the plans/drawings, and the exclusive right to use the plans or drawings to construct a building. We are able to offer Wausau Homes plans under a license that allows us to construct homes based on these plans, and distribute certain copies for limited purposes relating to our construction of a home. You have been given permission to use these plans/drawings solely in connection with hiring us to construct a home based on these plans/drawings. Any other use of Wausau Homes plans, such as providing them to another builder or modifying the plans without permission is prohibited. Even viewing the plans to draw a new, substantially similar plan is a violation of copyright law because copyright protects the expression of an idea, and not just a particular physical copy of a plan or drawing. Unauthorized use of REV1: DATE: REV2: DATE: REV2: DATE: Drawn By: Jess B. 11x17 Scale: 1/8" = 1'-0" 22x34 Scale: 1/4" = 1'-0" E 0 0 1! :1l ':i .0 ~ " C: :, t 0 "' C: .c ? e Cl copyrighted plans or drawings can lead to significant damages, and a violator may be required to pay the copyright owner for any damages caused and any profits earned by the violator, or in some circumstances may be I sheet# 2 required to pay statutory damages as high as $150,000 per plan or drawing used in an impermissible way. In addition, willfully making impermissible use of copyrighted plans and drawings can lead to criminal prosecution. . ·tlffTf ---••~ DECK FRAMING SHOWN FOR REFERENCE ONLY ACTUAL FRAMING DETERMINED BY OTHERS t !! !! !i !i iii! !iii r-----------------+--------------------!! l! !i !i ll !! !! !! .,.___-;.I r-~-:----:--""=-:--T--:---:----+-1-: ------:----:-:----:-----,-:---,;-:-,:~..J1.....,.i......11..-..-....1i....J4<L-,11,,_.11-...i......ii.....J1.....i.~i.....~~.11.....11.-J...~Fil's,ee;i;,,,,tl,e£,,,,,,,,,,,,,,,,,,,,,,,,, I r--------------i------------- 1 . I I I I· I I I I · .. I I • I I I I I I.· I B I •. I ' I.: I I I I· .. I I 1------- 1 ·. I l.1'-1+----10·-1112" I ·•· I I··.· I I •· I I. I I I I : I I . I I I I . I I I I··• I :: II :::::::::::::;::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::~?===t: :: :: l_""""''"'""""'"'"""'"""""""'~f "~ :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::-:=~::::tjl -I i:l ii t ""'"""'"""'""""'""""""'"'""·ff"4i n==-=;1,1<--1----------2s·-10114"-----------·. -============::=::==========::====:=====::=========~i==~! I ·.· I !! r. r-1 2pl~og~ ~~~VL r --/,-5 "°"""e''"'' 2pl~og~ ~~~VL r _, FU;;,!~xs2~'~~NT O -, : ::::::::::::::::::::::::::::::::::::::::::::::!t:J 1--+----------t-o-+-----------~-l---------l-<>--1--------· I ii ii L ..J CR~w,~~.~~E L J .J 10 ,_ 8 ,, LL J L ~J I . '""""'"""""'""''""""""'"•---+f,,=i! u ... -} --t-rt-t------10·-8" ~ 10'-8" • 10'-8" _mm,aam,maaaaaa .... mmaa•m••,, ..... u .. ~ 1 •. I I • I .· I I _,,,,,,,,,,,,,,,=,,,.,,.,,,,,,,,,,,,,,,,,,,,,,,U,,J: : · • · ""'"""""""''""""""'"'mm---4}'° ii -H-f+-.H/A\s-73 !! ===--============-============================rr== I I I I I ·, I. I .· I I _L ______ _ ··. L ___ L_ -----------------------------~ "I I. .·. -I . ... · . :· ·. , .. · .. .-:_: < I ______ j DECK FRAMING SHOWN !l FOR REFERENCE ONLY :l :$~~~LE~~AMING DETERMINED !! ii,""'""'""'''"'"'"'""'""'"'""'""''"' ,IL------------29'-8"-------------+--------------34'-4"--------------.r ,IL--------------------------64'-0"---------------------------,r 1/2"1 l ·WallConstruction 2x6 Treated Plate w/ Anchor Bolts 8' o.c. smsea!er _ 10.25"SuperiorWaU@108" 9 3" Poured Concrete Floor en 6mi! Poly Vapor Barr!or Steel Re•inforced Footer Beam Optional4" Drain Tile Gravel Aggregate Base SECTION A-A Scale: 3/8" = 1 '-0'' FOUNDATION PLAN 112··, --wall Construction 2x6 Treated Plate w/ Anchor Bolts 8' o.c. Sill Seater 10.25" Superior Wall@48" 3" Poured Concrete Floor 6nil Poly Vapor Barrier Steel Re-inforced Footer Beam Optional 4~ Drain Tile Gravel Aggregate Base SECTION B-8 Scale: 3/8" = 1'-0" ~ ~~:;:;;n::l'i] i --war~~~~~~i~~~ncrete Fklor 10.25~ Superior Wa11@48" 3" Poured Concrete Floor 6mil Poly Vapor Barrier 9 Steel Re-inforced Footer Beam V Optional 4" Drain Tile Gravel Aggregate Base SECTION C-C Scale: 3/8" = 1'-0" NOTES 8'-0" FOUNDATION WALL Dimensions are Framing to Framing Superior Wall System Reference plan for crawlspace Wall Sheathing to Align w/ Foundation U.S. copyright law protects original works of authorship, including architectural plans and drawings, as soon as they are first put on paper or some other tangible medium, such as a CD-ROM or computer hard drive. A copyright gives the owner exclusive rights to display, distribute, reproduce and modify the plans/drawings, and the exclusive right to use the plans or drawings to construct a building. We are able to offer Wausau Homes plans under a license that allows us to construct homes based on these plans, and distribute certain copies for limited purposes relating to our construction of a home. You have been given permission to use these plans/drawings solely in connection with hiring us to construct a home based on these plans/drawings. Any other use of Wausau Homes plans, such as providing them to another builder or modifying the plans without permission is prohibited. Even REV1: DATE: REV2: DATE: REV2: DATE: Drawn By: Jess B. Date: 2112/2014 11x17 Scale: 1/8" = 1'-0" 22x34 Scale: 1/4" = 1'-0" viewing the plans to draw a new, substantially similar plan is a violation of copyright law because copyright protects the expression of an idea, and not just a particular physical copy of a plan or drawing. Unauthorized use of '.=-========~ copyrighted plans or drawings can lead to significant damages, and a violator may be required to pay the copyright owner for any damages caused and any profits earned by the violator, or in some circumstances may be I sheet# required to pay statutory damages as high as $150,000 per plan or drawing used in an impermissible way. In addition, willfully making impermissible use of copyrighted plans and drawings can lead to criminal prosecution. . ~-----~ 3 '-_, ,_ "' ,r----------------------------------77'-11"--------------------------------- ---------------------------63'-11"--------------------------------14'-0"------.r --------------34'-111/2"----------------#-------------33'-0"------------,----.r-------9'-111/2"----.r DECK 32'-5" X 5'-7" 7'-6"---i#----10'-0\f.F-ITT,tl"""=vtfP=-r;t-~l;.---a'-10 9/16"---l'r--5'-6"-----.l'--i'---1,f-8'-8"----,JII'-:,-, ----13'-7"-----.... 1---9'-9"----r 1636SC 30600H l0600H 1636SC 42' 2650SC S0610MU 2/i<iOSC 7560TC Sa:!<l SaY.I o M~:_r.~:6~~.!H ~ •-~~,. .. ~ jl'i CLOS~~ II I 1! 6'-7" X 3';M,,,, 8 B LJ, r7 AUND o 6'-7" X 5'-2'"\ • -... 3080 ! ~ 3ply9-1/2''2.0E LVL WOOD BEAM 1 MASTER BDRM 12'-10" X 11'-6" K<".g1oleg,,1 [ J ( J ... 2868 97-118" CEILING HEIGHT HALL --. ~: I I, a i!« :i} !l ~.~~~dig : I Cl~..t,.t-olfNl~<>l 810 •= 1/2 A ___:::::2x 5'-5''\_ 2858 ~ :n. 25'-6" X 3'-11" :======:.!:! 2868 Ju;:::==:::;-:;:::,....r 2868 ~ 2868 □ l BeiDROOM 2 1r-2"x 10'-9" d ~p ~· V 3p!y 9-1/2'' 2,ot L VL WOOD BEAM ~ DINING 11'-10" X 15'-10" I I Header Sized per Truss Loading Reference Truss Cales GREAT ROOM 16'-2" X 15'-10" "L"" ,.,lose ""' 1_' ,.,lose '"1_'" '"1"' DECK "'1_'"" •2'-0" 7'-2"---,"r------14'-117/8"------¥--"--7'-4"----,r---6'-21/8"-~"r-----11'-3"----1H---.!sr--_ 1 0't:~~ 4 '- 7 " " • I ~ l ~ ! 11 I I i -I 11 U II rre=l",;::::_:=f:::::'F'71 I 9'-10"~ I I LJ SCREEN PORCH --- 13'-7" X 24'-3" ,.., f---1 - .r--------------------46'-61/4"------------------~----~---1~-.-4-.. =-J-6'-03/4"----. ---------------------------63'-11"--------------------------------14'-0"------.r ,r----------------------------------77'-11"----------------------------------,r 1 ST FLOOR PLAN Floor Square Footage: 1734 NOTES 9'-1 1/8" WALL HEIGHTS Dimensions are Framing to Framing 2p!y 2x10 Sel-Struc Headers (u.n.o.) Align Wail Sheathing w/ Foundation _, ,_ "' "Roof Corntructioo Architectural LifeTime Shingles 15IbFelt 15/32'' Osb Sheathing wl Clips ODE Roof Edge "Attic Construction Proper Vents •Sqffit Construction 2x8 Sub-Fascia 12 R-50 Blo'Ml FIbergass Insulation Wood Trusses (24" o.c.) ·cernngConstruction 6mil Vapor Barner 5/8" Sheetrock or 112'' No-Sag Sheetrock SL-8 Alum Fascia Cover 3/8" Alum Soffit Panel (CV) Al1gn1/2''osb wt Foundation ;::: 10 1/4" •wan Construction 112" Sheetrock 6mil Vapor Barner R-21 Flberg!ass Insulation 2x6 Studs 16" o.c. 15/32" Osb Exterior Sheathing House Wrap Siding "floor Construction 23/32" Osb T&G Sheathing 9-112" I-Joist16"o.c, Spray Foam Sill Insulation Op1lonal 1/2"Sheetrock ~sasament Wall Construction 2x6 Treated Plate w/ Anchor Belts 8' o c Sill Sealer 10.25" Superior Wall@ 108" 3"PouredConcreteF!oor 6mil Poly Vapor Barrier Steel Re-inforced Footer Beam Optional 4" Drain Tile Gravel Aggregate Base TYPICAL WALL SECTION Scale: 1/2" = 1 '-0" Wall Bracing ® M#ff#f#M#Mffi ;~;:;c7ii•>h~=~7:_;ie~:::::=~= wkhllgurell.15-G @ l.·"•}'1~7it•·.'.i-J1.f:,~3 ;::=~'?;;~!::!'m~!:~! ~!'!~o-==;;~~;b) (6) Minim.um bnw:t'd nU panel leni,b ihall be 96" wbett ttl"'IDII board b •pplled oa ooe 11de only and-18" llbef"I.' •pp,jkdtobolhalclH. GENERAL NOTES: I, Bn«d-.nllpan~i.shtJlbt, •upport~dunrloorfhunlneor roa.11d.dom.Ch-trSooringf'nunlngw.llpan,:la1haHbe r-~iwd to jobh, rin1 bomb or blotklng wllh Hid lllllik II 16" u.c.Collll:Q.2t.l5(8)(g) l. Vtrtlnljolot. ofbnC'l!d m.ll p,mtk ,b■I o«uraver, and be l'ulHM'd lo eonunon th.Ida. Horiwnlat johU• In hl'Kl'.!d wall paneh shall o«Ur aver, 1111d be f'11lened10 tomiooa 1 mlnlmum l Lil" l!Kktu!H. Cotnm 11,l!(8)(h) J. Bruni wal ponds 1hall bej!ID no mm:~ than 1 endof'1br.el'dtn1lllneand1h1llbelontedl.'nry Comm. 21~(8)(d) ~'!•::~~~~~1;.r:e:~::11~?:;;h:h;~;j ofwdlbru!neblncr-eued~rll.ll(S)(e)(l) ·-!J U.S. copyright law protects original works of authorship, including architectural plans and drawings, as soon as they are first put on paper or some other tangible medium, such as a CD-ROM or computer hard drive. A copyright gives the owner exclusive rights to display, distribute, reproduce and modify the plans/drawings, and the exclusive right to use the plans or drawings to construct a building. We are able to offer Wausau Homes plans under a license that allows us to construct homes based on these plans, and distribute certain copies for limited purposes relating to our construction of a home. You have been given permission to use these plans/drawings solely in connection with hiring us to construct a home based on these plans/drawings. Any other use of Wausau Homes plans, such as providing them to another builder or modifying the plans without permission is prohibited. Even REV1: DATE: REV2: DATE: REV2: DATE: Drawn By: Jess B. Date: 2/12/2014 11x17 Scale: 1/8" = 1'-0" 22x34 Scale: 114" = 1'-0" viewing the plans to draw a new, substantially similar plan is a violation of copyright law because copyright protects the expression of an idea, and not just a particular physical copy of a plan or drawing. Unauthorized use of ~========~ copyrighted plans or drawings can lead to significant damages, and a violator may be required to pay the copyright owner for any damages caused and any profits earned by the violator, or in some circumstances may be I sheet# required to pay statutory damages as high as $150,000 per plan or drawing used in an impermissible way. In addition, willfully making impermissible use of copyrighted plans and drawings can lead to criminal prosecution. 4 ~-----~ r-13'-91/2"-------,(----------16'-0" I 14'-7"'13'-31/2"T3'-31/2"f 4'-4112"- \/ -:r"' .I/ - .;, ,:~~~~·· J BATH 2 , ( ~I Eli-'---+_.,_, 11-----+----22·-9"---+--+----------s·-10"_--11---+--IH - s'-9"x10•-4" fi}ILFt==-=1~r-----------------_'";;= ,"□-- V-\1::::i~{)=~::;:t__DN------"" ----t-----e ---J __ , ____ JJ -- OFFICE/ STORAGE 22'-8" X 19'-6" ---~~~ OPEN BELOW 3'-0" X 14'-2" -= ---- ~.21-8112" •-----+----26'-01/2"---------11~---11--3'-2"-f~======~==~=========== --==---==========z~~~~r ---·---------...._ ---- I~ t,F---7'-0" 7114" 7'-3" l_,F-----+------32'-4"------------rl 2ND FLOOR PLAN Floor Square Footage: 570 NOTES 8'-1 1/8" WALL HEIGHTS Dimensions are Framing to Framing 2ply 2x10 Sel-Struc Headers (u.n,o.) AtticNaulted Trusses per Manuf. 7114" 7'-3"--~7_114_" 6'-11114"- 658 U.S. copyright law protects original works of authorship, including architectural plans and drawings, as soon as they are first put on paper or some other tangible medium, such as a CD-ROM or computer hard drive. A copyright gives the owner exclusive rights to display, distribute, reproduce and modify the plans/drawings, and the exclusive right to use the plans or drawings to construct a building. We are able to offer Wausau Homes plans under a license that allows us to construct homes based on these plans, and distribute certain copies for limited purposes relating to our construction of a home. You have been given permission to use these plans/drawings solely in connection with hiring us to construct a home based on these plans/drawings. Any other use of Wausau Homes plans, such as providing them to another builder or modifying the plans without permission is prohibited. Even viewing the plans to draw a new, substantially similar plan is a violation of copyright law because copyright protects the expression of an idea, and not just a particular physical copy of a plan or drawing. Unauthorized use of REV1: DATE: REV2: DATE: REV2: DATE: Drawn By: Jess B. Date: 2/12/2014 11x17 Scale: 1/8" = 1'-0" 22x34 Scale: 1/4" = 1'-0" copyrighted plans or drawings can lead to significant damages, and a violator may be required to pay the copyright owner for any damages caused and any profits earned by the violator, or in some circumstances may be I sheet# 5 required to pay statutory damages as high as $150,000 per plan or drawing used in an impermissible way. In addition, willfully making impermissible use of copyrighted plans and drawings can lead to criminal prosecution. _ I.() _, N --\ \ ~ ~ .... ~ / .... I b .... // ' ·, / /, \ \, I / \ \ / / \ I / EE .... .... _, 0:, b .... _, .... EE .... .... I tO ~ .... 0 ..... ' "'= LJ STAIR DETAIL SCALE: 3/8" = 1'-0" (22x34) 3/16" = 1'-0" (11x17) 12 ~10 ' =, II" ~ ~ .I ' ·I ~ = = L__J (0 .... - I I i ' \ I ! -,-- t-------- 1 I I I I I I I I I I I L 1--- 1 -----------1, I I -,---- --,---I I ti -----7 ~----------------7 I I I I I I I I . -f I . I I I I I I a --f--i -----------------------~ I I I I I I I I I 11\ I I I /I\ 1-+-_t_ I I \ L-l-____ _j ___]_ ___ _ : ~=7r---J I I :j '-- CJ I ~ .... "Too tO b ~ .... .... 0 .... I Cl') ~ EE . ... ... I Cl) (0 ~ ~ I ... 0 ~ ... ~ (0 .... "' in 1:::! .... 0:, ... I ... tO I -:t' "i> (0 ~ 0~ .... b I t- I ~J -:t' LL_J= ~· CD ... ;: STAIR DETAIL '.f N SCALE: 3/8" = 1'-0" (22x34) 3/16" = 1 '-0" (11x17) 7 I I I I I __L __ Roof Plan View Scale: 1/8" = 1'-0" (22x34) 1/16"= 1'-0" (11x17) REV1: DATE: REV2· DATE: REV2: DATE: Drawn By: Jess B. 11x17 Scale: 1/8" = 1'-0" 22x34 Scale: 1/4" = 1'-0" E 0 u e !a ·s £ e u C: :, i 0 "' .E .9:. C: :: C> U.S. copyright law protects original works of authorship, including architectural plans and drawings, as soon as they are first put on paper or some other tangible medium, such as a CD-ROM or computer hard drive. A copyright gives the owner exclusive rights to display, distribute, reproduce and modify the plans/drawings, and the exclusive right to use the plans or drawings to construct a building. We are able to offer Wausau Homes plans under a license that allows us to construct homes based on these plans, and distribute certain copies for limited purposes relating to our construction of a home. You have been given permission to use these plans/drawings solely in connection with hiring us to construct a home based on these plans/drawings. Any other use of Wausau Homes plans, such as providing them to another builder or modifying the plans without permission is prohibited. Even viewing the plans to draw a new, substantially similar plan is a violation of copyright law because copyright protects the expression of an idea, and not just a particular physical copy of a plan or drawing. Unauthorized use of copyrighted plans or drawings can lead to significant damages, and a violator may be required to pay the copyright owner for any damages caused and any profits earned by the violator, or in some circumstances may be I sheet# 6 required to pay statutory damages as high as $150,000 per plan or drawing used in an impermissible way. In addition, willfully making impermissible use of copyrighted plans and drawings can lead to criminal prosecution. . City of Orono Hardcover Calculation Worksheet Property Address: 430 Big Island (our survey 140044) Prepared by: James H. Parker P.E. & P.L.S. No. 9235 PC Exhibit D Date: 2/19/2014 Stormwater Quality Overlay District Tier: (Circle one) Tier 1 Tier 2 Tier 3 Tier 4 Tier 5 Step 1: EXISTING HARDCOVER In the following table identify fill items of existing hardcover on the property, keyed by letter to Certificate of Survey (survey must accompany this form). Use as many lines as necessary to accurately depict existing hardcover status of the property. Keyto Hardcover Item (Describe) Survey (Example) (Garage) A Cabin B Existing Deck C Shed D Water Tower E Pump House F G H I J K L M N 0 p Q R s T u V w X y L (1) Total Existing Hardcover Excludable Hardcover (See City Code Sec 78-1684} (2) Total Excludable Hardcover (3) Net Existing Hardcover (4) Total Lot Area Existing Hardcover Percentage [(3) / (4)] Length x Width (24' X 30') Total (Square Feet) (720) S.F. 701 S.F. 188 S.F. 115 S.F. 12 S.F. 49 S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. 1065 S.F. S.F. S.F. S.F. S.F. S.F. 0 S.F. 1065 S.F. 68 612 S.F. 1.55% RECEIVED FEB 1 9 2013 CITY OF OR01''J ADVANc~· SURVl!.;YJN<i & ~·N<ilN~'b'RlN<i c·u. I hereby certify that this report was prepared by me or under my direct supervision and that I am a licensed professional engineer and a professional land surveyor under the laws of the State of Minnesota. James H. Parker P.E. & P.L.S. No. 9235 Step 2: PROPOSED HARDCOVER In the following table identify fill items of existing hardcover on the property, keyed by letter to Certificate of Survey (survey must accompany this form). Use as many lines as necessary to accurately depict existing hardcover status of the property. Key to Hardcover Item (Describe) Length x Width Total (Square Feet) Survey (Example) (Garae:el A Existing Cabin B Existing Deck C Shed D Water Tower E Pump House F Proposed Cabin G Proposed Decks H I J K L M N 0 p Q R s T u V w X y L (1) Total Proposed Hardcover Excludable Hardcover (See Citv Code Sec 78-1684) (2) Total Excludable Hardcover (3) Net Proposed Hardcover rsubtract line (2) from line (1)] (4) Total Lot Area Proposed Hardcover Percentage ((3) / (4)) (24' X 30') (720) S.F. 701 S.F. 188 S.F. 115 S.F. 12 S.F. 49 S.F. 1785 S.F. 619 S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. ::i.t-. 3 469 S.F. S.F. S.F. S.F. S.F. S.F. 0 S.F. 3 469 S.F. 68 612 S.F. 5.06% RECEIVED FEB 19 2013 CITY OF ORONO Jesse Struve From: Sent: To: Cc: Subject: Melanie, Jesse Struve Thursday, February 27, 2014 3:55 PM Melanie Curtis Christine Mattson 20140227 review of 440 Big Island I reviewed the survey for 440 Big Island and have the following comments: PC Exhibit E 1. The architectural plans show a walk out with what appears there is a retaining wall along the North side of the house but the survey only shows grading taking place. 2. The surveyor should show additional 1' contours along the south side of the house to show the proposed swale they have here. Currently they only show drainage arrows, but another contour in this area will allow them to define the swale on the survey. 3. The proposed grading is extending into the 0-75' zone. 4. The silt fence should be shown across the east side of the property also. 5. Are there any existing stairs to the lake? Are they planning on adding/replacing stairs? Any existing stairs should be shown on the survey. Jesse Struve, PE Director of Public Works/ City Engineer City of Orono (952) 249-4661 -Direct (952) 249-4616 -Fax www.ci.orono.mn.us 1 Municode Page 1 of 18 PC Exhibit F Orono, Minnesota , Code of Ordinances » Title VI -LAND USE » Chapter 78 -ZONING REGULATIONS » ARTICLE IV . -DISTRICT REGULATIONS » DIVIS ION 9. RS SEASONAL RECREATIONAL DISTRICT >> DIVISION 9. RS SEASONAL RECREATIONAL DISTRICT W Sec . 78-561 . Purpose . Sec . 78-562. Future amendments . Sec . 78-563. Nonconformities. Sec . 78-564 . Permitted uses . Sec . 78-565 . Conditional uses . Sec. 78-566 . Accessory uses. Sec . 78 -567. Permit for private improvements within public rights-of-way. Sec . 78-568. Lot area requirements. Sec . 78-569 . Lot width requirements . Sec . 78-570. Yard and setback requirements. Sec . 78-571. Hardcover regulations . Sec . 78-572 . Bu ilding height. Sec . 78-573 . Building construction standards . Sec. 78-574 . On-site sewage treatment systems . Sec . 78-575. Garbage removal and sanitation. Sec. 78-576 . Open burning prohibited . Sec . 78-577 . Tree removal regulations . Sec . 78-578 . Adoption of official record lot map and listing . Secs . 78-579-78-600. Reserved . Sec. 78 -561. Purpose. The RS seasonal recreational district is intended to provide a district which will allow a low- density seasonal form of residential development or recreational activity on the three Lake Minnetonka islands within the city. Big Island, Mahpiyata Island and Deering Island are totally surrounded by water. Special problems exist because of their isolated location and because there is no direct access by land or bridge. Transportation is difficult, dangerous and slow, especially in fall or spring when the ice is forming or melting . Engineering, financial, administrative and practical difficulties prevent servicing the islands with sewer or water utilities , garbage collection, or complete police, fire, medical emergency or other municipal services. The islands have historically been used for summer cabins, camping spots, temporary boat landings and a disabled veterans' summer camp. As long as this usage remains minimal, public health and safety is reasonably maintained. But development forecasts indicate increasing pressures for more intensive usage that could easily exceed the city's public service capabilities. For these reasons, the city's comprehensive plans have long-established policies encouraging eventual public ownership of the islands as recreational resources for general lake users. In addition, limited private seasonal recreational use would be allowed to continue indefinitely, subject to strict conformance with special health and safety standards. The RS district is established to implement these special planning policies. (Code 19 84, § 10.3 1(1)) http://library .municode.com/print.aspx?h=&clientID= 13094&HTMRequest=http%3a%2f. .. 3/13/2014 Municode Page 2 of 18 Sec. 78-562. Future amendments. The RS district regulations represent an innovative attempt to solve the unique problems relating to historic use and previously platted substandard lots on the islands while at the same time assuring the property owners of continued reasonable use of their property. It may be found by subsequent city councils that this division was not restrictive enough to protect the health, safety and welfare of the citizens and that new development potential granted to property owners by this division may have to be modified. Therefore, no new development rights granted by this division shall be deemed to be vested property rights but shall remain subject to future modification by the city. (Code 1984, § 10.31(19)) Sec. 78-563. Nonconformities. (a) Nonconforming uses. (1) No new use of land or structures shall be permitted in the RS district except in compliance with this division. All existing uses of land or structures which may be made nonconforming by adoption of the ordinance from which this division is derived shall be discontinued and/or made to be in full compliance with all use and performance standard requirements of this division within a period of seven years from the date of adoption, not to extend later than January 1, 1990. (2) Upon notice of record lot classification pursuant to section 78-568 (1) and within six months of January 13, 1983, any record lot owner may apply to the council with no application fee required for a variance to this section to allow a continued nonconforming use, subject to reasonable standards and timetables, established by the council for compliance with on-site sewage treatment, private security , private fire protection and other performance standard requirements established by this division. The applicant shall demonstrate and the council shall find that the use is and was legally existing as of November 9, 1981, the effective date of moratorium Ordinance No. 238. Failure to apply for such a variance within the time allowed shall be prima facie evidence that such a nonconforming use was either illegal or did not lawfully exist on that date . (b) Nonconforming substandard properties. Restrictions applying to nonconforming uses shall not apply to record lots which are substandard in lot area or lot width but which are being used in conformance with this division: (1) Record lots which are less than 2.0 acres in dry-buildable lot area and/or less than 200 feet in lot width became substandard lots on January 1, 1975, the effective date of Ordinance No. 172. (2) Record lots, which are greater than 2.0 acres in dry-buildable lot area, but are less than 5.0 acres in dry-buildable lot area, became substandard lots on January 13, 1983. (3) Substandard record lots may be used or developed pursuant to section 78-72 (c). (c) Nonconforming substandard buildings or structures. Restrictions applying to nonconforming uses shall not apply to existing buildings or structures which do not conform to location, height or hard cover limitations, but which are being used in conformance with this division. Existing buildings not conforming to the required minimum setbacks may continue to be used, repaired or maintained within the existing building envelope. These buildings may be http://library.municode.com/print.aspx?h=&clientID= 13094&HTMRequest=http%3a%2f... 3/13/2014 Municode Page 3 of 18 enlarged vertically or horizontally within the required yard area without requiring a council- approved setback variance, provided: (1) The addition conforms to all required setbacks, even if parts of the existing building do not. (2) The addition extends an existing building line by not more than 20 feet and does not further encroach or reduce any required setback dimension less than already exists. (3) The addition within the required setback area contains not more than 200 square feet, or 50 percent of the total existing building area, whichever is less. (4) There shall be no setback exceptions permitted for addition to or enlargement of any accessory building or structure. (5) There shall be no setback exceptions permitted that reduce any required setback to less than ten feet. (6) There shall be no setback exceptions permitted for any horizontal building addition or hard cover increase of any kind within 75 feet of the shoreline or within a required wetland buffer or buffer setback. (7) There shall be no setback exceptions permitted without a council-approved variance in cases where any existing building is being replaced by a new building , or where the proposed addition, remodeling and/or renovation work constitutes 50 percent or more of the assessor's fair market value for the existing building . In these situations, the new work shall conform to all required setbacks. (8) The exceptions authorized by this section apply only to setback requirements and do not authorize variance of any lot area, hard cover, building height, building area or any other zoning or building code performance standard. (Co de 1984, § 10.3 1(16)-(18); Ord. No. 28 3rd se ri es,§ 12, 8-22-2005; Ord. No. 92 3rd seri es,§ 2, 3-26-2012) Sec. 78-564. Permitted uses. Within any RS seasonal recreational district, no land or structures shall be used except for any one of the following uses: (1) Gardens . (2) One-family detached dwellings used for seasonal recreational use not to exceed 180 days in any one year, and not to be the owner's principal residence for homestead tax credit purposes . (3) One-family, seasonal recreational use of land without structures , or with accessory structures only , such as tent camping or day use only. Accessory structures permitted on land without a principal structure shall be limited to one or more of the following : a. Docks conforming to city and LMCD code requirements. b. Not more than one storage building not to exceed 120 square feet in area. c . Fire rings or barbeque pits. d . Open deck or screen house not to exceed 300 squa re feet in area. e. Not more than one toilet building or outhouse , which must conform in location and design to the requirements of section 78-574 f. Tents or similar temporary structures to be in place not to exceed 180 days in any one year. (4) Publicly owned and operated parks , nature areas or wildlife preserves, for day use only, when operated by the city , the Hennepin Park Reserve District or by the state http://library .municode.com/print.aspx?h=&clientID= 13094&HTMRequest=http%3a%2f. .. 3/13/2014 Municode Page 4 of 18 department of natural resources. All dockage or structures shall remain subject to council review and approval. (Code 1984, § 10.31(2); Ord. No . 90 3rd series,§ 11, 12-12-2011) Sec. 78-565. Conditional uses. Within any RS seasonal recreational district, no land or structures shall be used for the following uses except by conditional use permit: (1) Principal dwellings. One-family detached dwellings used or occupied for 181 days or more in any one year, or any dwelling regardless of the duration of use for which the owner wishes to claim a principal residence homestead tax credit. A conditional use permit may be issued for such nonseasonal dwelling use, provided the applicant demonstrates and the council finds that the property is large enough to be permanently self-supporting in terms of water supply and sewage treatment, and that extra private precautions are taken for fire protection and security of persons and property, as follows: a. The minimum dry buildable record lot area required for approval of a principal dwelling conditional use permit without a variance shall be 5 .0 acres . Approval of a principal dwelling conditional use permit on an existing record lot of less than 5.0 acres shall be subject to strict showing of compliance with health and sanitation performance standards. b. An on-site sewage treatment system shall be provided in conformance with the requirements of section 78-574 c . A domestic water well shall be provided which conforms to current state health department regulations for depth, for setback from lake, wetland and sewage treatment system components, and which is capable of supplying domestic fire protection. d. The dwelling shall be built or rebuilt to conform to current state building code requirements, including provision for a permanent foundation, a heating system and insulation conforming to energy code standards . e. The dwelling shall be equipped with approved smoke detection devices, and with some form of manual or automatic fire extinguishing equipment. f. The dwelling shall be provided with telephone service . g. The lot or parcel shall be located directly on the shoreline or other access shall be available via a privately improved and maintained access to the shoreline . h . All property in common ownership shall be combined into one tax parcel if contiguous; or if separated by public rights-of-way, a special lot combination form shall be executed and filed in the chain of title of each separate parcel. (2) Guest cabins . Accessory separate dwellings or sleeping quarters containing indoor toilet and/or kitchen facilities located on the same lot, parcel or property as a permitted seasonal dwelling or as a conditionally permitted principal dwelling. A conditional use permit may be issued for one or more private guest cabins , provided the applicant demonstrates and the council finds that the additional living or sleeping facilities will not contribute to overcrowding or overuse of a small property or will not adversely affect neighboring properties, and that extra private precautions are taken for fire protection and security of persons and property, as follows: a. http:/ !library .municode.com/print.aspx?h=&clientID= 13094&HTMRequest=http%3a%2f... 3/13/2014 Municode b. C. d. e . f. Page 5 of 18 Private guest cabins shall be used solely by the occupants of the seasonal or principal dwelling , including their domestic employees, caretakers or nonpaying guests. Private guest cabins shall not be rented or leased for compensation . The minimum dry buildable record lot area required for approval of a private guest cabin conditional use permit without a variance shall be 5.0 acres. Approval of a private guest cabin conditional use permit on an existing record lot of less than 5.0 acres shall be subject to strict showing of compliance with health and sanitation performance standards. The guest cabins and the seasonal or principal dwelling shall all be connected to on-site sewage treatment systems in conformance with the requirements of section 78-57 4 The guest cabins and the seasonal or principal dwelling shall all be equipped with approved smoke detection devices and with some form of manual or automatic fire extinguishing equipment. All property in common ownership shall be combined into one tax parcel, if contiguous; or, if separated by public rights-of-way, a special lot combination form shall be executed and filed in the chain of title of each separate parcel. Not more than one private guest cabin constructed without indoor plumbing , toilets or kitchen facilities , and used only for additional sleeping quarters, shall be permitted on any property as an accessory use without requiring a conditional use permit, provided the accessory cabin does not exceed 600 square feet in floor area and provided all accessory building performance standards are met. Use of more than one accessory building for additional sleeping quarters, or use of an accessory building in excess of 600 square feet in floor area, shall require issuance of a conditional use permit and compliance with the provisions of subsection (2) of this section . (3) Day-use recreation areas. Land or structures owned or used by any private club, association or group of unrelated individuals as a regular meeting place for group activities , including without limitation boating activities, swimming, fishing, picnicking, athletic fields, nature trails and other day use. Overnight camping shall be permitted only on an occasional and incidental basis. This category includes day use scout, church, YMCA or YWCA camps, private nonprofit parks and boating groups, clubs or associations. This category does not include public day-use parks. A conditional use permit may be issued for a day-use recreation area, provided the applicant demonstrates and the council finds that the property is large enough to support the proposed use without adverse effect upon the lake, upon the land or wetlands , upon neighboring or nearby properties, and that extra private precautions are taken for fire protection and for security of persons and property commensurate with the number of users expected on the property , as follows : a. The minimum dry-buildable record lot area required for approval of a day-use recreation area conditional use permit without a variance shall be 5.0 acres. If the number of expected users at any one time exceeds 100 , the minimum lot area required shall be increased to maintain a ratio of at least 1.0 acre per 20 users. b . The minimum lot width at the shoreline shall be 200 feet. c . The club, association or group shall each year obtain a joint-use dock license from the city and from the Lake Minnetonka Conservation District, and shall at http:/ !library .municode.com/print.aspx?h=&clientID= 13094&HTMRequest=http %3a%2f. .. 3/13 /2014 Municode d . e . f . g . h. i. Page 6 of 18 all times abide by all its terms . The number of licensed boat slips shall not exceed one slip per 50 feet of shoreline. Any swimming area shall be suitably marked off and separated from boat traffic a reas , and safety equipment or supervisors shall be provided as may be required by the council. On-site sewage treatment shall be provided in conformance with the requirements of section 78-574 All new buildings or structures on the property , except accessory structures 120 square feet in floor area or smaller, shall be approved by the council as to size , location and proposed use prior to issuance of any building permits. The property shall be provided with telephone service for emergency use. The lot or parcel shall be located directly on the shoreline , or other access shall be available via a privately improved and maintained access to the shoreline . All property in common ownership shall be combined into one tax parcel , if contiguous; or, if separated by public rights-of-way, a special lot combination form shall be executed and filed in the chain of title of each separate parcel. (4) Overnight camps. Land or structures owned or used by any public agency, unit of government or any private club, association or group for overnight or extended camping by families or individuals, including related activities , such as boating , swimming , fishing , picnicking , athletic fields or nature trails . This category includes overnight scout, church, YMCA or YWCA, Park Reserve and Veterans' Association camps . A conditional use permit may be issued for an overnight camp, provided the applicant demonstrates and the council finds that the property is large enough to support the proposed use without adverse effect upon the lake, upon the land or upon neighboring properties , and that extra private precautions are taken for fire protection and for security of persons and property commensurate with the number of users expected on the property, as follows: a. The minimum dry-buildable record lot area required for approval of an overnight camp conditional use permit shall be 5 .0 acres . If the number of dwelling units exceeds five, the minimum lot area required shall be increased to maintain a ratio of at least 1.0 acre per dwelling unit. For purposes of this section , one dwelling unit shall mean up to two developed camping spots for tent camping or each separate cabin or structure used for sleeping purposes, whether or not such cabin or structure includes separate toilet or kitchen facilities . b. The minimum lot width at the shoreline shall be 200 feet. c . Any common kitchen , dining room or eating facility shall conform to the requirements of county environmental sanitation food protection ordinances , including all applicable licenses and inspections. d . The camp operator shall each year obtain a joint-use dock license from the city and from the Lake Minnetonka Conservation District, and shall at all times abide by all of its terms. The number of licensed boat slips shall not exceed one slip per 50 feet of shoreline. e. Any swimming areas shall be suitably marked off and separated from boat traffic areas , and safety equipment or supervision shall be provided as may be required by the council. f . http :/ !library .municode.com/print.aspx ?h=&clientID= 13094&HTMReque st=http%3a%2f... 3/13/2014 Municode Page 7 of 18 Toilet and sanitation facilities, including on-site sewage treatment systems, shall be provided in conformance with state health department regulations and the requirements of section 78 -574 g. All new buildings or structures on the property, except accessory structures 120 square feet in floor area or smaller, shall be approved by the council as to size , location and proposed use prior to issuance of any building permits. h. The property shall be provided with telephone service for emergency use. i. All cabins or other structures used for sleeping purposes shall be equipped with approved smoke detection devices and with some form of manual or automatic fire extinguishing equipment. j. All assembly buildings having an occupancy load of 50 persons or more shall be equipped with fire extinguishing equipment consisting of hand-held fire extinguishers and either an automatic fire sprinkler system or other means of fire suppression equipment as may be approved by the council. k. An emergency preparedness plan shall be required to address fire protection, medical emergency and police public safety services for all times the camp is occupied. I. All property in common ownership shall be combined into one tax parcel, if contiguous; or, if separated by public rights-of-way, a special lot combination form shall be executed and filed in the chain of title of each separate parcel. (5) PRO subdivisions. Planned residential development subdivisions limited to detached one-family seasonal dwellings only, subject to the minimum 5.0 dry-buildable acres per dwelling unit net density otherwise required in the RS district, and subject to the limitations of division 1 O of this article . The minimum total land area for a PRO subdivision shall be 20.0 acres. (6) The keeping of domestic animals for noncommercial purposes, including horses for the use of the occupants of the premises. A minimum of one acre in aggregate , exclusive of one acre for the principal building, must be available for each animal unit, except as set forth in this subsection. A minimum of two acres of open pasture must be available for a single horse , and one additional acre must be available for each additional horse. When the horses are kept stabled and do not require pasture for feed purposes, the minimum pasture requirement may be adjusted at the discretion of the council. Such minimum pasture acreage shall not include wetlands as defined in section 78-1602 . Any person keeping such animals must comply with the provisions of this Code. (Code 1984, §§ 10.20(3), 10.31(3); Ord. No. 28 3rd series, § 13, 8-22-2005) Sec. 78-566. Accessory uses. Within any RS seasonal recreational district, no accessory structure or use of land shall be permitted unless a permitted or conditional use is first established on such land, except as allowed in section 78-564 (3). Once a permitted or conditional use exists on any lot or parcel, no accessory structure or use of land shall be permitted except for one or more of the following uses : (1) Docks conforming to city and Lake Minnetonka Conservation District regulations, not to exceed one slip per 50 feet of shoreline width, or a maximum of four slips per property, whichever is less . An annual joint-use dock license shall be required for any nonresidential dock and/or for any property having more than four slips. The http://library.municode.com/print.aspx?h=&clientID= 13094&HTMRequest=http%3a%2f... 3/13/2014 Municode Page 8 of 18 accessory use of a residential or non-residential private dock shall not include renting space. (2) Not more than two accessory buildings used for storage, service or other nonhabitable purpose. No such individual building shall exceed 1,000 square feet in floor area, and the sum of any two buildings on any record lot shall not exceed 1,500 square feet in floor area without a conditional use permit. Accessory buildings used as barns or stables shall be subject to this area restriction and to a conditional use permit pursuant to section 78-565 (6), including a 150-foot setback from all property lines. (3) Not more than one accessory private guest cabin not to exceed 600 square feet in floor area pursuant to section 78-565 (2)f. (4) Open decks , patios, screenhouses or private greenhouses. (5) Private swimming pools , tennis courts, paddocks or athletic fields or equipment. (6) Not more than two toilet buildings or outhouses , which shall conform in location and design to the requirements of section 78-574 (7) Tents or other temporary structures to be in place not more than 180 days in any one year. (8) Open wood or gravel-filled steps , stairways or walkways on lakeshore hills or embankments, limited to not more than four feet wide at any point within 75 feet of the shoreline. Concrete or other solid materials shall constitute hard cover and are prohibited. (9) Lake water pumphouses which, may be within 75 feet of the shoreline if limited to 20 square feet or less in area and five feet or less in height, and subject to all applicable permits for such use. (10) Fire rings or barbeque pits . (11) Gardens, gardening or other horticultural uses including apiaries and decorative landscaping . (12) Fences , not to exceed 42 inches in height, and no part of which may be located within 75 feet of the shoreline. (13) Retaining walls, not to exceed 42 inches in height, and no part of which may be located within 75 feet of the shoreline. (14) Home occupations, as defined in this chapter. All home occupations shall comply with the provisions of section 78-1376 , and the licensing provisions of section 26-76, when applicable. (15) New boathouses within 75 feet of the shoreline are specifically prohibited. (Co de 1984, §§ 10.20(4), 10.31(4); Ord. No . 221 2nd se ries,§ 3, 9-23-2002; Ord. N o. 93 3rd series,§ 5, 6-25-2012; Ord. No . 100 3rd se ries, § 8, 2-25-2013) Sec. 78-567. Permit for private improvements within public rights-of-way. It is unlawful for any person to alter, improve or use for private purposes in any RS district any platted public right-of-way, any platted public park , or any other property owned by the city without first obtaining a permit from the council , as follows: (1) Inland property access. Persons desiring access to property located inland and not abutting the shoreline may apply for a permit to privately use and/or improve platted public right-of-way for such purpose. The permit applicant shall demonstrate and the council shall find that there is no reasonable alternative access available , and that the proposed improvements and/or type of use would not unreasonably affect other http:/ !library .municode .com/pri nt .aspx?h=&clientID= 13094&HTMRequest=http%3a%2f... 3/13 /2014 Municode Page 9 of 18 properties abutting the right-of-way. The council may approve, deny or place restrictions on any such permit based upon public health, safety and welfare considerations, including without limitation the configuration of adjoining record lots, the location, width, topography, drainage and vegetation on the right-of-way and the number of existing or future property owners who may require access at the same location. Any land alterations or improvements approved shall be the minimum amount necessary to provide reasonable inland access . (2) Land alterations. Grading or physical alteration of any platted public right-of-way for any purpose, including inland property access, is prohibited except when such work has been specifically authorized as part of a permit issued by the council. The permit applicant shall provide a detailed land survey of the right-of-way and appropriate engineering drawings sufficient to identify the full extent of all proposed work. Permit approval shall be subject to obtaining a grading permit from city staff; and land alterations involving filling and grading shall be performed with only clean fill, and all other permits as may be required by other agencies having jurisdiction. Public rights- of-way so improved shall be maintained by the licensee. (3) Dockage on right-of-way. Installing, maintaining, keeping or using a private dock on any platted public right-of-way for any purpose, including inland property access, is prohibited except when such dock has been specifically authorized as part of a permit issued by the council. Not more than one seasonal dock will be _ approved for access to any one property. In review and approval or denial of such permit, the council shall consider the width and topography of the right-of-way, the number of property owners requesting dockage at that location, the plan of the proposed dock, and conformance with city and Lake Minnetonka Conservation District dock regulations. The council may establish reasonable standards or requirements in approving any such dock permit. (4) Encroachments prohibited. No private property, buildings, structures, fences, boats, vehicles, dock parts, junk or debris shall be built, stored, parked or kept at any time within any platted public right-of-way, within any platted public park, or on any other property owned by the city except as specifically authorized by a permit issued under this section. (5) Permit exceptions. No permit shall be required for any person to walk on or over any platted public right-of-way or any platted public park when such use is made without altering the natural state of the land. No permit shall be required for any person whose property abuts a platted public right-of-way or a platted public park to control weeds or brush, seed, sod, mow or otherwise maintain the right-of-way or park in a neat and presentable manner. Persons whose record lot established by section 78-568 consists of tax parcels divided by platted, unopened public right-of-way may incorporate and use such right-of-way as part of their yard without a permit, provided no permanent structures are erected or maintained within the right-of-way. (6) Public use limited. Any permit issued under this section shall be deemed to open the platted public right-of-way only to the extent necessary as established in the permit, and for the limited use of the permittee and his invitees . (7) Permit limitations. A permit issued under this section shall not grant or vest any property rights to use of the public right-of-way or other public property, or in any improvements. Permits issued under this section shall be valid for one year, shall be subject to change, alteration or revocation for cause by the council at any time, and shall be automatically renewable on the anniversary of the date of issuance except http:/ !library .municode.com/print.aspx?h=&clientID= l 3094&HTMRequest=http%3a%2f... 3/13/2014 Municode (8) Page 10 of 18 upon written notice from the city to the permittee at least 30 days prior to the anniversary date. Hold harmless. As a condition of issuance of any permit, the applicant shall in writing release, indemnify and hold harmless the city from any and all claims or causes of action arising out of the use or alteration of the platted right-of-way by applicant or his invitees. (9) Permit hearing and notice. The planning commission or the council shall hold a public hearing or hearings on each application for a permit. Notice of the public hearing shall be given not less than ten days nor more than 30 days prior to the date of the hearing by publication in the legal newspaper for the city. Such notice shall contain the description of the land and the proposed use. At least ten days before the hearing, the city clerk shall mail an identical notice to the applicant and to each of the property owners within 350 feet of the outside boundaries of the land in question. Failure of the property owners to receive notice shall not invalidate the proceedings. At the public hearing, the planning commission or the council shall review the application and the statements and drawings submitted with the application and shall receive pertinent evidence concerning the proposed use and the proposed conditions under which it would be operated or maintained. (Code 1984, § 10.31(5)) Sec. 78-568. Lot area requirements. Within any RS seasonal recreational district, no new lot or parcel shall be created less than 5.0 acres in dry-buildable lot area exclusive of any wetlands. Within any RS seasonal recreational district, the following provisions shall govern the buildability, use and/or subdivision of each existing record lot: (1) Record lot definition. For purposes of the RS seasonal recreational district, a "record lot" shall mean all the contiguous or abutting land owned in common by the same person or persons as of November 9, 1981, or at any time such common ownership may occur thereafter, including one or more separately platted lots or unplatted parcels of land, and/or one or more separately identified tax parcels. Because of the unique circumstances and actual use patterns existing on the islands, also included within the definition of a "record lot" is commonly owned land that is contiguous except for being separated only by platted unopened public right-of-way. Each record lot shall be considered in its entirety to be one lot for zoning purposes. a. The effective date for determination of common ownership is November 9, 1981, the date of adoption of Ordinance No. 238, establishing a moratorium on development, including land subdivision, on the Lake Minnetonka Islands. Common ownership as of that date has been and shall be determined by the deeds of record at the county recorder's office. This definition shall not preclude the city from recognizing or enforcing the common ownership/lot of record provisions of Ordinance No. 172, or any other similar prior ordinance. b. The council has identified and establishes 69 record lots on Big Island, Mahpiyata Island and Deering Island as listed by record lot number in the left- hand column of subsections (4), (5), (6) and (7) of this section. Each such record lot shall include all land identified by all tax parcel property identification numbers (PIDs) grouped together following the record lot number. C. http://library.municode.com/print.aspx?h=&clientID= 13094&HTMRequest=http%3a%2f. .. 3/13/2014 Municode d. e. Page 11 of 18 Within 60 days after January 13, 1983 , the owner of each record lot shall be notified in writing at his last recorded address of the classification of each record lot, including all tax parcels determined to be included in such record lot. All existing uses in the RS district are identified in the record lot inventory, subsections (4), (5), (6) and (7) of this section, and all such uses have been deemed to be seasonal in nature . The notice shall provide that in order to receive the benefits of the automatic lot area variances granted by subsections (6) and (8) of this section, the owner shall on a form provided by the city acknowledge the record lot and shall apply for combination of all separate tax parcels pursuant to subsection (2) of this section. Any record lot owner may appeal the record lot classification or use determination to the council with no application fee required within six months of the effective date of this division. The record lot inventory shall be considered accurate and final for all properties except those found on appeal to have a demonstrable cause for change or adjustment. Notice of record lot establishment shall be filed by the city in the chain of title of each property. Future changes in tax parcel property identification numbers caused by combination of parcels for tax purposes or for any other reason shall not alter the establishment of record lots . New record lots shall be created only by council approved subdivisions pursuant to subsection (3) of this section, or by combination of two or more complete record lots. (2) Tax parcel combination required. No new building permit, variance or conditional use permit shall be issued for any purpose on any record lot composed of two or more tax parcels unless the owner of such record lot shall apply for a formal combination of all commonly owned property into one parcel. If contiguous, all property shall be combined into one tax parcel. If separated by public right-of-way , a special lot combination form shall be executed and filed in the chain of title of each separate parcel. (3) Subdivision of record lots. All record lots established in this section shall be continued in common ownership and shall not be subdivided, sold in parts, reduced in area , leased or otherwise separated without application for and council approval of a subdivision in accordance with chapter 82 . Such subdivisions will normally be approved and additional new record lots created only if all resulting lots are each 5.0 acres of dry-buildable lot area or more. No existing record lot shall be divided or reduced in area to less than 5.0 acres of dry-buildable lot area, except as follows : a. Lot line rearrangements between abutting properties that do not create an additional building site will normally be approved . b. Separation of platted lots divided by public rights-of-way may be approved provided the separated lot is combined with other abutting property to enlarge the property without necessarily creating an additional substandard building site. (4) Subdividable record lot inventory. Record lots 1 through 4 inclusive are established , each of which is determined to have a dry-buildable lot area in excess of 10 .0 acres per owner. Therefore, each of record lots 1 through 4 inclusive may be subdivided into two or more lots in conformance with the minimum lot area requirements of this section, subject to subdivision application and approval pursuant to subsection (3) of this section and to chapter 82 . Record lots are identified by record lot number on the http:/ !library .municode.com/print.aspx?h=&clientID= 13094&HTMRequest=http%3a%2f... 3/13/2014 Municode Page 12 of 18 official record lot map and listing on file with the city clerk, and each includes all property identified thereafter by the listed tax parcel property identification numbers. (5) Conforming record lot inventory. Record lots 1 through 7 inclusive are established, each of which is determined to have a dry-buildable lot area of 5.0 acres or more per owner. Therefore, each of record lots 1 through 7 inclusive are in conformance with the minimum lot area requirements of this section, and may be used for any one- family permitted or conditional use in the RS district, subject to all performance standards and approvals required, including tax parcel combination pursuant to subsection (2) of this section . Record lots are identified by record lot number on the official record lot map and listing on file with the city clerk , and each includes all property identified thereafter by the listed tax parcel property identification numbers . (6) Substandard buildable record lot inventory. Record lots 8 through 62 inclusive are established, each of which is determined to have a dry-buildable lot area of less than 5.0 acres per owner, which lot area is substandard pursuant to the minimum lot area requirements of this section. Record lots 8 through 62 inclusive may be developed only in accordance with section 78-72 (c). Record lots are identified by record lot number on the official record lot map and listing on file with the city clerk, and each includes all property identified thereafter by the listed tax parcel property identification numbers. (7) Substandard unbuildable record lot inventory. Record lots 63 through 70 inclusive are established, each of which is approximately one-third acre in area or smaller, which lot area is too small to accommodate any form of new permanent use without available services such as municipal sewer. One-family seasonal recreational use without structures pursuant to section 78-564 (2) shall be permitted subject to strict compliance with all on-site sewage treatment performance standard requirements for the RS district. Record lots 63 through 70 inclusive may be developed only in accordance with section 78-72 (c). Record lots are identified by record lot number on the official record lot map and listing on file with the city clerk, and each includes all property identified thereafter by the listed tax parcel property identification numbers . (8) Substandard unbuildable record lot exception. Any new record lot resulting from future combination for ownership and tax purposes of any two or more adjacent record lots listed in subsection (2) of this section with each other and/or with another vacant or undeveloped record lot, which total dry-buildable acreage meets or exceeds one-half acre , will be recognized by the council as a buildable lot as if it had been listed under subsection (6) of this section. Each such new record lot may be developed in accordance with section 78-72 (c) on the official record lot map and listing on file with the city clerk. (Code 1984, § 10.31(6); Ord. No. 28 3rd series, § 14, 8-22-2005; Ord. No. 92 3rd series, §§ 3-7, 3-26-2012) Sec. 78-569. Lot width requirements. Within any RS seasonal recreational district, no new lot or parcel shall be created less than 200 feet in width measured at the shoreline and at the building site . No existing lot of record shall be reduced by any lot line rearrangement to less than 50 feet in width measured at the shoreline and at the building site. (Code 1984, § 10.31(7)) Sec. 78-570. Yard and setback requirements. http:/ !library .municode.com/print.aspx?h=&clientID= 13094&HTMRequest=http%3a%2f... 3/13/2014 Municode Page 13 of 18 Within any RS seasonal recreational district, the following yard and setback requirements shall be observed for all new structures and for any addition or alteration to any existing structure , whether temporary , seasonal or permanent: (1) Minimum setback from lakeshore, all structures, including decks, fences, retaining walls, wells , on-site sewage treatment systems and land alteration of any kind, 75 feet. (2) Minimum setback from wetlands shall be: a. Wells and sewage treatment systems, 75 feet. b. All structures , land alteration or hard cover of any kind , shall meet the setback requirements established within article XI of chapter 78 of this Code (the wetlands protection element of the Zoning Code). (3) Minimum setback from platted street rights-of-way, all structures, 30 feet. (4) Minimum setback from internal side or rear property line shall be: a. All structures on lots 200 feet or more in width, 50 feet. b. All structures on existing record lots 100 feet or more in width but less than 200 feet in width , 30 feet. c . All structures on existing record lots less than 100 feet in width , ten feet. (5) Minimum setback any building to any other, ten feet. (Code 1984, § 10.31(8); Ord. No. 28 3rd series,§ 15, 8-22-2005) Sec. 78-571. Hardcover regulations. Hardcover in the RS district shall be regulated per the provisions of the stormwater quality overlay district, article XIII of this chapter. Exception: The provisions of article XII , division 2 , section 78-1683 (1) through 78-1683 (3) regarding proof via calculation of available garage , driveway and sidewalk hardcover shall not be applicable to the RS district. (Code 1984, § 10.31(9); Ord. No . 105 3rd series,§ 1, 5-28-2013) Sec. 78-572. Building height. Within any RS seasonal recreational district, no structure or building shall exceed 2½ stories and shall not exceed 30 feet in height except as provided in section 78-1366 . (Code 1984, § 10.31(10); Ord. No . 18 3rd series, § 3, 9-27-2004) Sec. 78-573. Building construction standards. Within any RS seasonal recreational district, all new buildings or structures and all additions, repairs, alterations or improvements to existing buildings or structures shall be built in strict conformance with the current edition of the state building code as adopted and amended by the city , and with the following regulations: (1) Foundations required. All new or remodeled seasonal dwellings or guest cabins and all principal dwellings shall be placed on a permanent frost-depth, solid masonry or treated wood foundation that completely encloses the entire perimeter of the building . (2) Minimum dwelling area required. All new or remodeled dwellings or habitable buildings shall meet or exceed the following minimum square footage of enclosed floor area on the main floor: http://library.municode.com/print.aspx?h=&clientID= 13 094&HTMRequest=http%3a%2f... 3/13/2014 Municode a . b. C. Page 14 of 18 Tents, screenhouses or other permitted accessory structures, no minimum area required . Seasonal dwellings or guest cabins, 400 square feet. Principal dwellings, 800 square feet. (3) Minimum dwelling width required. All new or remodeled dwellings or habitable buildings shall be at least 20 feet in width at the narrowest dimension. (4) Minimum roof requirements. All new or remodeled dwellings, buildings or structures of any kind shall be provided with a fire-retardant roof covering having class A or B rating, including treated but not untreated wood shakes or shingles , or class C mineral surfaced asphalt shingles laid as required in the state building code. All new dwellings shall have a sloped roof of at least 3:12 pitch . (5) Minimum plumbing requirements. All new or remodeled seasonal dwellings over 800 square feet in floor area, all guest cabins over 600 square feet in floor area, and all principal dwellings shall be provided with indoor plumbing consisting of at least one water closet, one lavatory, and one kitchen sink, all connected to an approved on-site sewage treatment system conforming to the requirements of section 78-574 (6) Additional fire protection system requirements. Because of the lack of available public fire protection services, each property owner shall be required to provide additional private fire protection and life safety systems as follows: a. Fire-resistive roof coverings as required by subsection (4) of this section. b. All temporary, seasonal or principal dwellings and guest cabins, except tents, having bedrooms or used as sleeping quarters shall be provided with approved smoke detection devices conforming to state building code specifications and location requirements . c . Every habitable building or structure shall be provided with at least one approved fire extinguisher labeled for class A, B and C hazards ; and the minimum extinguisher size shall be 1A10BC. d . Every principal dwelling shall be provided with additional fire extinguishing equipment, such as a well, pump and domestic hoseline; a residential-design automatic fire sprinkler system; or other means of fire suppression equipment as may be approved by the council. e. Every nonresidential building having an occupant load of 50 persons or more shall be provided with an automatic fire sprinkler system conforming to NFPA Standard No. 13, current edition, or with other fire extinguishing equipment as may be approved by the council. f . The owner of any building or structure existing and in use, including seasonal use, as of the effective date of the ordinance from which this division is derived , shall have a period of two years, not to extend later than January 1, 1985, to comply with the provisions of subsections (6)b and (6)c of this section, and a period of five years, not to extend later than January 1, 1988, to comply with the provisions of subsections (6)d and (6)e of this section; except that if any addition, alteration or repair is undertaken on such building or structure prior to these compliance dates, compliance shall be required as a condition of permit issuance for such work. (7) Additional building security requirements. Because of the remote location of the islands, each property owner shall be responsible for providing additional private security measures for persons and property as follows: a. http:/ !library .municode.com/print.aspx?h=&clientID= 13094&HTMRequest=http%3a%2f... 3/13 /2014 Municode b. C. d. Page 15 of 18 Telephone service shall be provided at each principal dwelling , at day-use recreation areas, and at overnight camps. All buildings or structures shall be provided with substantial locking devices on all doors and windows. Owners of seasonal dwellings or other buildings are encouraged, but not required, to place solid lockable shutters over all ground floor windows and doors when the building is to be unused for any length of time, and especially over the winter months. Any abandoned or hazardous building shall be securely boarded up within 60 days and shall be razed and completely removed within one year of any notice issued by the city. e. Any intrusion alarm system having an audible alarm shall be self-resetting . (Cod e 1984, § 10.31(11)) Sec. 78-574. On-site sewage treatment systems. Within any RS seasonal recreational district, all lots, properties, buildings and structures shall be provided with on-site sewage treatment systems conforming to the requirements of chapter 58 , article II , as amended by the following specific exceptions and requirements pertaining to the RS district. (1) Systems not required. Vacant property or property used solely for one-family seasonal recreational use of land without structures, or with accessory structures only , as permitted by section 78-564 (2), need not be provided with an on-site sewage treatment system , provided that at any time such property is actually in use by one or more persons for overnight or longer stays an approved marine toilet or portable holding-tank toilet shall be available on the property or within a watercraft docked or moored at the property. (2) Outhouses permitted. Notwithstanding other prohibition in the on-site sewage treatment code (chapter 58, article II), outhouses or pit-type toilets may be used on property in the RS district subject to the following restrictions: a. Outhouses may be used only on property used for: 1. Seasonal dwellings of less than 800 square feet in floor area. 2. Seasonal recreational use of land without structures, or with accessory structures only . 3. Any other permitted or conditional use only upon approval of a variance issued by the council. b. Outhouses shall be dry with no water plumbed-in . c. Outhouses shall be constructed in accordance with state pollution control agency specifications and shall be set over a curbed pit of at least 50 cubic feet capacity. d. Sealed vault-type outhouses shall not be permitted because pump-out and sanitary disposal is unfeasible. e . Outhouses shall be located at least 75 feet from any lakeshore , wetland or water well, and at an elevation such that the bottom of the pit is at least five f . feet above the level of the lakeshore and/or the level of any adjacent wetland or drainageway. http ://library .municode.com/print.aspx ?h=&clientID= 13094&HTMRequest=http %3a%2f... 3/13 /2014 Municode Page 16 of 18 Existing outhouses not conforming to any or all of the requirements of subsection (2) of this section shall be abandoned, filled in and the superstructure removed within five years of the effective date of the ordinance from which this section is derived, not to be later than January 1, 1988. g. It is unlawful for any person to construct, install or relocate an outhouse without first obtaining a permit from the city as required for other on-site systems, except that outhouse permits may be issued to the property owner as well as to licensed contractors . Permit applications shall specify location, setbacks, pit design and pit elevation above the water table. All work on outhouses , including construction , installation, alteration or relocation, shall be subject to inspection and approval by the city to ensure compliance with the requirements set forth in subsection (2) of this section, including without limitation proper design, construction, sanitary setbacks, depth to water table and soil types. (3) Alternate devices. Alternative waste treatment devices are permitted in lieu of an outhouse on any property where outhouses are permitted pursuant to subsection (2) of this section, or where otherwise necessary to provide toilet waste disposal for an existing dwelling where a conforming outhouse or on-site sewage treatment system cannot be installed. Such devices shall include incinerating devices, composting devices or small portable holding-tank toilets which are carried to the mainland for disposal in a sanitary sewerage system. Alternative systems shall be subject to review and approval by the city. (4) On-site sewage treatments systems required. A complete on-site sewage treatment system, including plumbing fixtures, two sealed septic tanks and underground drainfield designed, constructed and maintained in full conformance with the on-site sewage treatment code, is required on all properties in the RS district as follows : a. Serving all structures containing a principal dwelling. b. Serving all properties containing two or more dwellings pursuant to a private guest cabin conditional use permit. c . Serving all seasonal dwellings over 800 square feet in floor area. d. Serving all dwellings, buildings or structures containing a water-activated toilet regardless of the type or duration of use or occupancy . e. Any dwelling, building or structure having running water plumbed inside to any sink, lavatory, tub, shower, or any other plumbing fixture , but not a toilet, shall have a conforming grey-water disposal system, including a septic tank and drainfield connected to such fixture drains. f. Any existing dwelling, building or structure required by one or more of subsections (4)a-(4)e of this section to be connected to an on-site sewage treatment system, but which is not so connected as of the effective date of the ordinance from which this division is derived, or which has an existing system that does not conform to minimum setbacks or other requirements of this division, shall have a new conforming on-site sewage treatment system installed on or before January 1, 1988 . g. All other provisions of chapter 58 , article II, shall apply to on-site sewage treatment in the RS district, including without limitation the requirement for construction permits, construction inspection, and regular maintenance inspections, including payment of the standard annual service charge . (5) Owner's responsibility. It shall be the responsibility of each property owner to demonstrate that the on-site sanitation device or system in use or existing on his http:/ !library .municode.com/print.aspx?h=&clientID= 13094&HTMRequest=http%3a%2f... 3/13/2014 Municode Page 17 of 18 property is in conformance with all requirements of this division and chapte r 58 , article II; that the device or system properly treats and/or disposes of the entire sewage input generated on the property ; and that the device or system is adequately and properly maintained at all times. If unpermitted nonconforming, mislocated, or failing devices or systems shall be found by the city because of complaint and/or routine inspection, correction orders shall be issued by the building official or on-site manager requiring repair, alteration or replacement in strict accordance with the requirements of this div ision. Failure of any owner to obey such a lawful order shall be cause of the city to initiate legal actions including condemnation of all occupancy of the property pursuant to Minn. Stat. §§ 463.15-463.261. (Code 1984, § 10.31(12)) Sec. 78-575. Garbage removal and sanitation. Within any RS seasonal recreational district, each property owner, occupant or user shall be responsible for packing out and off the islands all garbage, refuse, rubbish, junk, old machinery, parts or debris created or brought onto the island by such person; and for removal of all such materials from all property owned or occupied by such person: (1) It is unlawful for any person to discard, dump, bury, deposit, drop, leave or allow to remain any garbage, refuse, rubbish , junk, old machinery, inoperable or dismantled motor vehicle, parts or debris on any property in any RS district. (2) It is unlawful for any person to burn any garbage, refuse or rubbish on any property in any RS district; except that paper products free from any food residue may be burned in fireplaces , closed containers or incinerators. (Code 1984, § 10.31(13)) Sec. 78-576. Open burning prohibited. It is unlawful for any person to start or allow to burn any open fire on any property within any RS district without a permit except for permanent gas or masonry barbeques and as permitted under the Uniform Fire Code. (Code 1984, § 10.31(14)) Sec. 78-577. Tree removal regulations. No trees within 75 feet of the shoreline with a diameter of six inches or more shall be removed without first obtaining a permit from the council. (Code 1984, § 10.31(15)) Sec. 78-578. Adoption of official record lot map and listing. The official record lot map and listing is adopted. A copy of the map and listing shall be kept on file at all times with the city clerk. (Ord. No. 92 3rd series, § 8, 3-26-2012) Secs. 78-579-78-600. Reserved. http:/ !library .municode.com/print.aspx?h=&clientlD= 13094&HTMRequest=http%3a%2f... 3/13/2014 Municode Page 18 of 18 FOOTNOTE(S): ---(4) --- Cross referenc~ Pa rk s and recrea tion, ch . 22. (Back) http:/ !library .municode.com/print.aspx?h=&clientID= 13094&HTMRequest=http%3a%2f... 3/13/2014 L 5261526 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2146 APPROVING A LOT AREA VAIUABCE FOR RECORD LOT NO 24 PURSUANT '1'0 ORDillAHCE.-,,,,M""o-• ...,,,.2 .... 46, HUHICIPAL ZONING CODE SECTIOR 10.31 © BB IT RESOLVED by the City Council of Orono, Hennepin County, Minnesota: FINDINGS L· That 11< 0 ~ f RT /J1. /t;c /;cJc/FiI.?care} the owner(s)/tax- payer(s) of record of the following describ~d property located within the RS Seasonal Recreational Zoning District of the City: Lot 6 and the south half of Lot 7, Morse Island Park Second Additio~i and Lot 1, Scriver's Subdivision of Lot E Morse Island Park, Hennepin County, Minneso 2. That in adoption of Ordlnance No. 246, the City Council reviewed ownership, development and use patterns on the islands and has deter~ mined that all the above described property combined is and shall hereinafter and henceforth be one "RECORD LOT" as defined in Section 10.31 of said ordinance. 3. That all the above described property when combined as one RECORD LOT is still less than the minimum lot size required for new lots in the RS District, but that this RECORD LOT is being used and/or may.be used in the future for' any permitted use in the RS District without adverse affect upon public health, safety, or welfare. CONCLUSION ..-. -~ 1- The City Council of oraM-•.nereby grants a lot area variance to the above described RECORD LOT based on the ab,ve findings and subject to the following conditions: l. This RECORD LOT including all the above described property combined shall henceforth be continued in common ownership by the same person or persons even if recorded as separate lots or tax parcels, and it shall not be subdivided, sold in parts, reduced in area or otherwise separated without application for and approval of a subdivision by the City: This condition shall not preclude future sale or transfer of the complete "RECORD LOT" as a single unit. 2. Granting this variance means this RECORD LOT.may be used for one- family seasonal recreational use without a structure; or a single new seasonal dwelling may be built; or an existing seasonal dwelling may be used, improved, added-onto or replaced; al~ without requiring further City Council review of lot size, but subject to strict com-: pliance with all building permit, setback, hardcover, on-site sewage treatment and other performance standards for development in the RS District. 3. City of ORONO RESOLUTION OF THE CITY COUNCIL "'O 2146 '" ·------- PAGE 21 RECORD LOT NO. 24 : RESOLUTION NO. 2146 Granting this variance shall not vest any rights in the prop.arty other than as specifically provided in Ordinance No. 246, and s,hall not preclude a future City Council £rem amending, modifying or othentise limiting de'1'elopment rights and/or performance standards in the RS District. The undersigned has read and understood the te.nns of this resolution and on behalf of himself, his heirs~ successors and assigns, agrees that the above described property constitutes a single RECORD LOT; agrees that the RECORD LOT use may be so li~ited by the City; and agrees to the recording of this resolution in the chain of title of the prppei'ty. ,.,.,'/';f'J;::r,,' ' , , <":fl:" ;,J;:Adopted by .the Orono City Council on the 17th day of March , ,t>, ,_"'f:"; STATE OP MINNESOTA} }ss. COUNTY OF HENNEPIN} On this _!.3:._ day of"1.,6wM/• 1987, before me, a Notary Publ.ic within and f~x.-aid County, ersona ly appeared -----·--t {Y\ ti,: , c rt · · known to me o be the person(s) described in and who executed the foregoing instru- ment, and acknowledged that he {they) executed the same as his (their) free act and deed. lllll!IIY f'Ufill.lC-Mtt,i., ~C0!.!#1!'> NOTARY PUBL ~~""' i!i> ~ 11 Fj. I tV\.t:\To*IH¥1.•••.Ph~YNir,,t,. DuJJJBl-f . 19 1992, MY CO~ISSION ix.PIRES This document is being recorded for the benefit of the City of Orono per Minnesota Statutes 386.77. State Deed Tax Due Hereon: This instrument was drafted City of Orono P.O. Box 66 Crystal nay, MN 55323 473-7357 Exempt by: PC Exhibit I CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 6 3 Q 8 A RESOLUTION APPROVING A SUBDIVISION OF A LOT LINE REARRANGEMENT FILE NO. 13-3613 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota: and WHEREAS, the City Council of Orono (hereinafter "City Council"} has adopted subdivision regulations for the orderly, economic and safe development of land within the City; and WHEREAS, Gabriel E. Jabbour, a single person (hereinafter the "Owner") is the owner of the property located at 430 Big island within the City of Orono (hereinafter "City"} and legally described as follows: Lots 2 and 3 Scrivers Subdivision of Lot E, Morse Island Park, Hennepin County, Minnesota (hereinafter "430 Big Island"); and WHEREAS, Gabriel E. Jabbour, a single .person (hereinafter the "Owner") is also the owner of the property located at 440 Big Island within the City of Orono (hereinafter "City") and legally described as follows: Lot 1, Scrivers Subdivision of Lot E, Morse Island Park, and Lot 6 and the South Half of Lot 7, Morse Island Park Second Addition, Hennepin County, Minnesota (hereinafter "440 Big Island"); and WHEREAS, Gabriel E. Jabbour, a single person (hereinafter the "Owner") is also the owner of the property located at 450 Big Island within the City of Orono (hereinafter "City") and legally described as follows: Lots 1, 2, 3, 4 and 5, Morse Island Park, Hennepin County, Minnesota (hereinafter "450 Big Island"); and WHEREAS, the Owner has submitted an application for a lot line rearrangement involving 430 Big Island, 440 Big Island, and 450 Big Island in order to combine portions of 440 Big Island with 430 Big Island and 450 Big Island and eliminating one Big Island Record Lot; and WHEREAS, after due published and mailed notice in accordance with Minnesota Statutes 462.358 et. seq. and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on the lot line rearrangement on July 15, 2013 at which time all persons desiring to be heard concerning this application were given the CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 6 3 0 8 opportunity to speak thereon; and WHEREAS, the Orono City Council reviewed the proposed lot line rearrangement at a regular meeting held on August 12, 2013 and makes the following findings with regards to the proposed lot line rearrangement: · FINDINGS 1. Thrs application was reviewed as Zoning File #13-3613. 2. 430 Big Island is currently known as Big Island Record Lot #30. It is a vacant lakeshore property containing 44,537 square feet or 1.02 acres in area. 3. 440 Big Island is currently known as Big Island Record Lot #24. It is 47,762 square feet or 1.11 acres in area. A small cabin, two small sheds and a septic system exist on the property. The property straddles the platted right-of-way Massasoit Avenue/Maslin Avenue. 4. 450 Big Island is known as Big Island Record Lot #27. The property is 46,661 square feet or 1.07 acres in area. A cabin, small shed and septic system currently exist on this property. 5. Following the lot line rearrangement 440 Big Island which is shown as Parcel 2 on Exhibit A (the submitted survey dated 07/30/2013) will have 68,776 square feet in area or 1.57 acres in area; and 450 Big Island which is shown as Parcel 1 on Exhibit A will have 71,184 square feet or 1.63 acres in area. 6. Following the lot line rearrangement 430 Big Island, otherwise known as Record Lot #30, will cease to exist. 7. Because this is a lot line rearrangement which results in no additional lots, no park fee or stormwater trunk fee will be required. 8. Dedication of drainage and utility easements are not required as this is not a new plat. 9. The proposed lot line rearrangement will not result in making any of the structures on either property non-conforming. 10. Resolution No. 1548 regarding the establishment of Record Lot #30 will be extinguished if necessary. Page 2 of 3 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 6 3 0 8 CONCLUSIONS, ORDER AND CONDITIONS NOW, THEREFORE, BE IT RESOLVED, that based upon one or more of the findings noted above, the City Council of the City of Orono hereby grants the lot line rearrangement of the above referenced properties· based on the lot line rearrangement survey dated 07/30/2013 by Advance Surveying & Engineering Co., attached as Exhibit A, subject to the following conditions: 1. The Owner shall file the appropriate deeds reflecting the new legal descriptions for each property (subject to City Attorney approval) with the Hennepin County Recorder's Office and/or Registrar of Titles Office on or before August 12, 2014, or the approval granted by this resolution shall expire. Adopted by the City Council of Orono, Minnesota this 12h day of August, 2013. ATTEST: J~ tlocR-~ Rachel Dodge, City Clerk ~. u ftdil!L: Lili Tod McMillan, Mayor Page 3 of 3 l a r w z _J \ r-~-r,-7,:::--""'ffll1~:~~~=~-~Nr-l----~ \ NOlll qN003S >itl\id \ \ \ <t~i I I ;Ii;,---, l I ~,. T ! l I ;; -<o I Is ')ul ~~---..,... I f --·-··--·,···---~ .... -: L ___ -:·::• I ~ " -----------'if6H!-----,-:t:.:t;i, -. M ---------~ .J ~s. ---,-- /4t I I "'t lO >f~V d '!'I NV7SJ 3S~O;:; flf: -......... I ~ I "'"' I "' I fi • .,...r··-------· , , , ~ i ., I I c~, ~ f ~I I- I °'f'!' I \-..-i. 0 I ,, ... I ~....J I t-I I-~ I 0. / of 0 _____ / ....JI/ --'1 ....JI r--;f' ---I I ~ I I ,~•,w-::-1----'-·-"' N/ ,--- / I I~ ···a,·•· ........... I ! ' I ! I I • • I I J I • J I . -! r I I I I I I ' . . ' Resolution Exhibit A 6308 RUN DATE: 1/29/2014 38 22-117-23410003 NANCY L FARNES 460 BIG ISLAND NANCY L FARNES 2710 FOXGATE DR MINNETONKA MN 55305 38 23-117-23 32 001 I NANCY L FARNES 460 BIG ISLAND NANCY L FARNES 2710 FOXGATE DR MINNETONKA MN 55305 38 23-117-23 32 0039 D RAMSEY & D SARGEANT RAMSEY 350 BIG ISLAND D RAMSEY & D SERGEANT RAMSEY 827 I FOXBERRY CT SAVAGE MN 55378 38 23-117-23 32 0047 NANCY LEE FARNES 460 BIG ISLAND NANCY LEE FARNES 2710 FOXGATE DR MINNETONKA MN 55305 38 23-117-23 32 0057 BONNIE S MENIGO/ET AL SBJ/LE 390 BIG ISLAND SUSAN BAILEY 2700 HILLDALE AVE NE ST ANTHONY MN 55418 38 23-117-23 32 0061 BARBARA D GORMAN TRUSTEE 320 BIG ISLAND JOHNS DEAN 837 N 63RD ST WAUWATOSA WI 53213 38 23-117-23 32 0075 MASSASOIT LLC 400 BIG ISLAND ELIZABETH ADAMS 8014 OLSON MEMORIAL HIGHWAY #213 GOLDEN VALLEY MN 55427 HENNEPIN L-JNTY PROPERTY INFORMATION SYSTEM (PROPERTY 0\,. -~RS LIST) 38 23-1 I 7-23 32 0002 NANCY L FARNES 460 BIG ISLAND NANCY L FARNES 2710 FOXGATE DR MINNETONKA MN 55305 38 23-117-23 32 0012 NANCY L FARNES 460 BIG ISLAND NANCY L FARNES 2710 FOXGATE DR MINNETONKA MN 55305 38 23-117-23 32 0044 CHRISTINA BRUNTJEN 38 ADDRESS UNASSIGNED CHRISTINA BRUNTJEN 2710 FOXGATE DR MINNETONKA MN 55305 38 23-117-23 32 0048 NANCY LEE FARNES 460 BIG ISLAND NANCY LEE FARNES 2710 FOXGATE DR MINNETONKA MN 55305 38 23-117-23 32 0058 JOHN H BURCH ET AL TRES 380 BIG ISLAND JOHN H & BARBARA A BURCH 3334 CHASE DR MINNETONKA MN 55305 38 23-1 I 7-23 32 0063 MICHAEL B FRUEN ET AL 420 BIG ISLAND MARY GALEN O'CONNOR 9905 10TH AVE N PLYMOUTH MN 55441 38 23-117-23 32 0077 GABRIELE JABBOUR 450 BIG ISLAND W OF MINNETONKA INC 220 TONKA BAY RD TONKA BAY MN 55331 RECE~VED FEB 1 9 2013 CITY OF ORONO 38 23-117-23 32 0010 NANCY L FARNES 460 BIG ISLAND NANCY L FARNES 2710 FOXGATE DR MINNETONKA MN 55305 38 23-117-23 32 0037 GWENDOLYN S LARSON ETAL 370 BIG ISLAND GWENDOLYN S LARSON I 143 I CHISHOLM CIR NE UNJTB BLAINE MN 55449 38 23-117-23 32 0046 NANCY LEE FARNES 460 BIG ISLAND NANCY LEE FARNES 2710 FOXGATE DR MINNETONKA MN 55305 38 23-117-23 32 0049 NANCY LEE FARNES 460 BIG ISLAND NANCY LEE FARNES 2710 FOXGATE DR MINNETONKA MN 55305 38 23-1 I 7-23 32 0060 T P EGAN & CA EGAN 360 BIG ISLAND THOMAS P EGAN/CHERYL A EGAN 1408 HOLDRIDGE CIR WAYZATA MN 55391 38 23-117-23 32 0074 GREGORY B O'CONNER ETAL 410 BIG ISLAND GREGORY B O'CONNER 1549 LIVINGSTON AVE #104 WESTSTPAULMN 55118 38 23-117-23 320078 J E REIMANN & AS REIMANN 440 BIG ISLAND JOHN E REIMANN AND ALICE S REIMANN 21957 MINNETONKA BLVD #12 EXCELSIOR MN 55331 PC Exhibit J RUN DATE: 1/29/2014 HENNEPIN L ~NTY PROPERTY INFORMATION SYSTEM (PROPERTY 0\, ,RS LIST) RECEIVED FER 1 9 2013 PAGE: 2 HENNEPIN COUNTY MAIL LABEL GENERA TOR Hennepin County Mailing Label Map Provided By: Taxpayer Services Department \ \ 22-117-23--44 For more information contact: Hennepin County GIS Division 300 South 6th Street Minneapolis, MN 55487 gis .info@co.hennepin.mn.us Map Comments: 440 BIG ISLAND ORONO, MN 55331 Print Date: 1/29/2014 Map Scale: 1" = 226' Buffer Size: 350 feet 23-117 -13 -33 Map Legend : Watel' Parle CJ Pal'cel CJ Buffer Region Selected Parcels PC Exhibit K l 23-1 7-13-32 Major Roads Minor Roads ... jqeCEIVED FEB 1 9 2013 CITY OF ORONO 365 1/29/2014 ADJACENT PROPERTY OWNERS' ACKNOWLEDGEMENT FORM I (we) /;R_eG--tlloNNoJ:: ol [print name(s)] ' '(/() a,,,Jl ~ZD [print address] e~, -· have reviewed the plans for the proposed improvement or proposed use of the property located at {/ o/& &, e ~; •• ~l~ referred to as Land Use Application No. ____ .. (Y.?,Je'~ 1 (we) understand that in executing this acknowledgement, 1 (we) am (are) not asked to declare approval or disapproval of 1h property or use but merely to confirm for the City Council that 1 (we) am (are) aware of the improv ns and that the roposed ~eigh,r's project or use requires Council approval. ? < /4 I Property Owner Date ADJACENT PROPERTY OWNERS' ACKNOWLEDGEMENT FORM 1 (we) G 9 /or1'e ) kc;/boy/ [print name(s1] of ~o /3,'~.Js/qnq [print a dress] have reviewed the plans for the proposed improvement or proposed use of the property located at 1/'(tz .d[!:z'.sf;,.,J.._orn() also referred to as Land Use Application No. ____ . J I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. ~ Property wner ~ ********************************************************************"11:7:7:7:7C7:WW,C71,W .. ,_,. ------•• ___ •• •• _ .. •• .. _ .. •• ---..• _ _J FEB 1 9 2013 I (we) ADJACE~OPERTY OWNERS' ACKNOWLEDGEMENT FORM ~ \ ~ ~ have reviewed the plans for the proposed improvement or proposed use of the property located at 44D 01,'5 ¥) t<.4-/~o referred to as Land Use Application No. ___ _ 1 (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disappro I of th roperty or use but merely to confirm for the City Council that I (we) am (are) aware of the and that the proposed neighbor' project or use equires Council approval. ~-I Date Property Owner Date RECEIVED FEB 19 2013 CITY OF ORONO CITY OF ORONO 2750 Kelley Parkway PO Box66 NOTICE OF PLANNING COMMISSION ACTION ZONING FILE: 14-3658 Council Exhibit E Crystal Bay, MN 55323 952.249.4620 DATE OF NOTICE: 18 March 2014 TO: Suncrest Builders/Wausau Homes Attn: Grant Johnson 5159 Main St Box 382 Maple Plain, MN 55359 TYPE OF REQUEST: Variance & CUP DATE OF MEETING: March 17, 2014 COPIES Grant Johnson Via John & Alice Reimann email: The Orono Planning Commission voted on a motion to recommend approval as follows: 1. Approval of the lot area variance permitting construction of a new 2,400 square foot seasonal cabin on a substandard record lot; 2. Approval of the CUP to allow maintenance of the guest cabin which exceeds 600 square feet. (As discussed during the meeting, the status of the existing plumbing and kitchen facilities is to be determined); and 3. Denial of the average lakeshore setback variance for the proposed seasonal cabin (portions of the screen porch and covered porch) to extend into the average lakeshore setback. VOTE: 6 FOR 0 AGAINST Revised plans/survey reflecting conformance with the average lakeshore setback should be submitted by Friday, April 4th for consideration at the April 14th Council meeting. Applicant's next meeting is tentatively scheduled as: Monday, April 14, 2014 This is a City Council meeting. The meeting begins at 7 PM If you desire certified copies of the official Planning Commission minutes, they are available from the City Clerk after review and approval by the Planning Commission. If you have questions, please contact Planning & Zoning Coordinator, Melanie Curtis at mcurtis@ci.orono.mn.us or 952.249.4627 I MEMORANDUM To: Soren Mattick, City Attorney Melanie Curtis , Planning & Zoning Coordinator From: Mike Gaffron, Asst. City Administrator Date: March 20, 2014 Subject: Interpretation of RS District Code re: Guest Cabins Attachment: A -Zoning Code Sections 78-561 thru 78-578: RS District Standards B -Lot Area Variance Resolutions from 1983 & 1987 and their Intro Letter 2/15 /83 Soren -need your thoughts on deciphering the status of an existing cabin on Big Island. The short version of a long story is that this property has a small 700 s.f. cabin with plumbing and septic . The new owners want to build a larger dwelling near it ( on the same lot) but keep the cabin as a 'guest cabin '. Council Exhibit F The question came up at the PC meeting on Monday as to whether they are allowed to keep the existing plumbing in the small cabin. Our initial take on this was 'no'. Now we think maybe the answer 1s yes . I will work you through my thought process relative to the code . A. Status of the proposed new larger dwelling to be built: Per 78-564(2) it will be a permitted use as a "one-famiiy detached dweHing used for seasonal recreational use not to exceed 180 days in any one year ... " B. Status of existing small cabin (700 s.f.): 1. It is a legal non-conforming structure. It is proposed to be used as a 'guest cabin'. Construction of the new larger dwelling changes the status of the existing small cabin from a principal permitted use to an accessory use, right? Therefore, per 78-566(3) if it was less than or equal to 600 s.f. it could be allowed as an accessory private guest cabin without a CUP , but must comply with 78-565(2)f. But, it is larger than 600 s.f., so 78-566(3) does not apply. It cannot be allowed simply as an accessory use ; it 's an accessory use that requires conditional use approval. 2. Can it be allowed as a conditional use under 78-565? Applicable section is 78-565(2), Guest Cabins. -The preamble paragraph of 78-565(2) states that one or more such cabins with indoor toilet &/or kitchen located on the same lot as a permitted seasonal dwelling, can be allowed as a conditional use subject to certain Council findings , and subject to a) thru f): a) No rental or lease allowed. 01'. RS District Code Interpretation Review March 20, 2014 Page2 b) If lot is less than 5 acres (it is 1.6 acres), approval for a CUP requires a lot area variance and must show compliance with health and sanitation standards (Note: The resolutions/or the lot area variances granted in 1984 and 1987 for the two prior Record Lots that make up the current parcel, list a finite number of future uses that can occur without further lot area review. We would conclude that this guest cabin CUP is not one of those uses, because the status of the existing structure is changing from an existing seasonal dwelling to a guest cabin.) NEEDS LOT AREA VARIANCE (underway) c) It must be connected to a conforming on-site sewage treatment system. OK d) Requires smoke detectors and fire extinguishing equipment. O K! e) Requires combination of all commonly owned tax parcels into one tax parcel, or a special lot combination is required. OK and then there is: f) As worded, it seems that f) applies to private guest cabins without indoor plumbing/toilet/kitchen, used only as a sleeping quarters, subject to these prov1s10ns: -Not more than one of these without plumbing is allowed without a CUP; i.e . 2 or more requires a CUP; But none of these without plumbing can exceed 600 s.f. Therefore, we must conclude that a private guest cabin without plumbing requires a CUP if it exceeds 600 s.f., and in that case must meet 78-565(2)a. thru e. which says it must have a connection to an on-site sewage system. Which suggests it must have plumbing. (This seems to be a variation of a Catch-22 in the code ... ) 3. How does Big Island Septic Code apply? Section 78-574( 4) says an on-site system is required: a) for all properties with 2 or more dwellings pursuant to a guest cabin CUP; and b) for all seasonal dwellings over 800 s.f.; and c) for all buildings with a toilet. C. Conclusions: 1. A lot area variance is required to allow the existing cabin to remain as a 'guest cabin'. 2. Because it is over 600 s.f. it needs a CUP. 3. The CUP requirements indicate it must have plumbing and a connection to a septic system. Therefore, the answer is not "remove the plumbing". The correct answer is, in order to remain as a guest cabin via a CUP per 78-565(2), it has to have plumbing and must be connected to a septic system. Municode rage 1 01 10 PC Exhibit F Orono, Minnesota, Code of Ordinances » Title VI -LAND USE » Chapter 78 -ZONING REGULATIONS » ARTICLE IV. -DISTRICT REGULATIONS » DIVISION 9. RS SEASONAL RECREATIONAL DISTRICT >> DIVISION 9. RS SEASONAL RECREATIONAL DISTRICT !£ Sec. 78-561. Purpose. Sec. 78-562. Future amendments. Sec. 78-563. Nonconformities. Sec. 78-564. Permitted uses. Sec. 78-565. Conditional uses. Sec. 78-566. Accessory uses. Sec. 78-567. Permit for private improvements within public rights-of-way. Sec. 78-568. Lot area requirements. Sec. 78-569. Lot width requirements. Sec. 78-570. Yard and setback requirements. Sec. 78-571 . Hardcover regulations. Sec. 78-572. Building height. Sec. 78-573. Building construction standards. Sec. 78•574. On-site sewage treatment systems. Sec. 78-575. Garbage removal and sanitation. Sec. 78-576. Open burning prohibited. Sec. 78-577. Tree removal regulations. Sec. 78-578. Adoption of official record lot map and listing. Secs. 78-579-78-600. Reserved. Sec. 78-561. Purpose. The RS seasonal recreational district is intended to provide a district which will allow a low- density seasonal form of residential development or recreational activity on the three Lake Minnetonka islands within the city. Big Island, Mahpiyata Island and Deering Island are totally surrounded by water. Special problems exist because of their isolated location and because there is no direct access by land or bridge. Transportation is difficult, dangerous and slow, especially in fall or spring when the ice is forming or melting. Engineering, financial, administrative and practical difficulties prevent servicing the islands with sewer or water utilities, garbage collection, or complete police, fire, medical emergency or other municipal services. The islands have historically been used· for summer cabins, camping spots, temporary boat landings and a disabled veterans' summer camp. As long as this usage remains minimal, public health and safety is reasonably maintained. But development forecasts indicate increasing pressures for more intensive usage that could easily exceed the city's public service capabilities. For these reasons, the city's comprehensive plans have long-established policies encouraging eventual public ownership of the islands as recreational resources for general lake users. In addition, limited private seasonal recreational use would be allowed to continue indefinitely, subject to strict conformance with special health and safety standards. The RS district is established to implement these special planning policies. (Code 1984, § 10.31(1)) http://library.municode.com/print.aspx?h=&clientID=13094&HTMRequest=http%3a%2f... 3/13/2014 ivmmcoae rage Lor 10. Sec. 78-562. Future amendments. The RS district regulations represent an innovative attempt to solve the unique problems relating to historic use and previously platted substandard lots on the islands while at the same time assuring the property owners of continued reasonable use of their property. It may be found by subsequent city councils that this division was not restrictive enough to protect the health, safety and welfare of the citizens and that new development potential granted to property owners by this division may have to be modified. Therefore, no new development rights granted by this division · shall be deemed to be vested property rights but shall remain subject to future modification by the city. (Code 1984, § 10.31(19)) Sec. 78-563. Nonconformities. (a) Nonconforming uses. (1) No new use of land or structures shall be permitted in the RS district except in compliance with this division. All existing uses of land or structures which may be made nonconforming by adoption of the ordinance from which this division is derived shall be discontinued and/or made to be in full compliance with all use and performance standard requirements of this division within a period of seven years from the date of adoption, not to extend later than January 1, 1990. (2) Upon notice of record lot classification pursuant to section 78-568(1) and within six months of January 13, 1983, any record lot owner may apply to the council with no application fee required for a variance to this section to allow a continued nonconforming use, subject to reasonable standards and timetables, established by the council for compliance with on-site sewage treatment, private security, private fire protection and other performance standard requirements established by this division. The applicant shall demonstrate and the council shall find that the use is and was legally existing as of November 9, 1981, the effective date of moratorium Ordinance No. 238. Failure to.apply for such a variance within the time allowed shall be prima facie evidence that such a nonconforming use was either illegal or did not lawfully exist on that date. (b) Nonconforming substandard properties. Restrictions applying to nonconforming uses shall not apply to record lots which are substandard in lot area or lot width but which are being used in conformance with this division: (1) Record lots which are less than 2.0 acres in dry-buildable lot area and/or less than 200 feet in lot width became substandard lots on January 1, 1975, the effective date of Ordinance No. 172. (2) Record lots, which are greater than 2.0 acres in dry-buildable lot area, but are less than 5.0 acres in dry-buildable lot area, became substandard lots on January 13, 1983. (3) Substandard record lots may be used or developed pursuant to section 78-72(c). (c) Nonconforming substandard buildings or structures. Restrictions applying to nonconforming uses shall not apply to existing buildings or structures which do not conform to location, height or hard cover limitations, but which are being used in conformance with this division. Existing buildings not conforming to the required minimum setbacks may continue to be used, repaired or maintained within the existing building envelope. These buildings may be http://librar:,1.municode.com/print.aspx?h=&clientID==l3094&HTMRequest=http%3a%2f... 3/13/2014 Municode Page 3 ot U5 enlarged vertically or horizontally within the required yard area without requiring a council- approved setback variance, provided: (1) The addition conforms to all required setbacks, even if parts of the existing building do not. (2) The addition extends an existing building line by not more than 20 feet and does not further encroach or reduce any required setback dimension less than already exists. (3) The addition within the required setback area contains not more than 200 square feet, or 50 percent of the total existing building area, whichever is less. (4) There shall be no setback exceptions permitted for addition to or enlargement of any accessory building or structure. (5) There shall be no setback exceptions permitted that reduce any required setback to less than ten feet. (6) There shall be no setback exceptions permitted for any horizontal building addition or hard cover increase of any kind within 75 feet of the shoreline or within a required wetland buffer or buffer setback. (7) There shall be no setback exceptions permitted without a council-approved variance in cases where any existing building is being replaced by a new building, or where the proposed addition, remodeling and/or renovation work constitutes 50 percent or more of the assessor's fair market value for the existing building. in these situations, the new work shall conform to all required setbacks. (8) The exceptions authorized by this section apply only to setback requirements and do not authorize variance of any lot area, hard cover, building height, building area or any other zoning or building code performance standard. (Code 1984, § 10.31(16)-(18); Ord. No. 28 3rd series,§ 12, 8-22-2005; Ord. No. 92 3rd series,§ 2, 3-26-2012) Sec. 78-564. Permitted uses. Within any RS seasonal recreational district, no land or structures shall be used except for any one of the following uses: (1) Gardens. (2) One-family detached dwellings used for seasonal recreational use not to exceed 180 days in any one year, and not to be the owner's principal residence for homestead tax credit purposes. (3) One-family, seasonal recreational use of land without structures, or with accessory structures only, such as tent camping or day use only. Accessory structures permitted on land without a principal structure shall be limited to one or more of the following: a. Docks conforming to city and LMCD code requirements. b. Not more than one storage building not to exceed 120 square feet in area. c. Fire rings or barbeque pits. d. Open deck or screen house not to exceed 300 square feet in area. e. Not more than one toilet building or outhouse, which must conform in location and design to the requirements of section 78-574 f. Tents or similar temporary structures to be in place not to exceed 180 days in any one year. (4) f!>ublicly owned and operated parks, nature areas or wildlife preserves, for day use only, when operated by the city, the Hennepin Park Reserve District or by the state http://library.municode.com/print.aspx?b=&clientID=l3094&HTMRequest=http%3a%2f... 3/13/2014 Municode Page 40! UL department of natural resources. All dockage or structures shall remain subject to council review and approval. (Code 1984, § 10.31(2); Ord. No. 90 3rd series,§ 11, 12-12-2011) Sec. 78-565. Conditional uses. Within any RS seasonal recreational district, no land or structures shall be used for the following uses except by conditional use permit: (1) Principal dwellings. One-family detached dwellings used or occupied for 181 days or more in any one year, or any dwelling regardless of the duration of use for which the owner wishes to claim a principal residence homestead tax credit. A conditional use permit may be issued for such nonseasonal dwelling use, provided the applicant demonstrates and the council finds that the property is large enough to be permanently self-supporting in terms of water supply and sewage treatment, and that extra private precautions are taken for fire protection and security of persons and property, as follows: a. The minimum dry buildable record lot area required for approval of a principal dwelling conditional use permit without a variance shall be 5.0 acres. Approval of a principal dwelling conditional use permit on an existing record lot of less than 5.0 acres shall be subject to strict showing of compliance with health and sanitation performance standards. b. An on-site sewage treatment system shall be provided in conformance with the requirements of section 78-574 c. A domestic water well shall be provided which conforms to current state health department regulations for depth, for setback from lake, wetland and sewage treatment system components, and which is capable of supplying domestic fire protection. d. The dwelling shall be built or rebuilt to conform to current state building code requirements, including provision for a permanent foundation, a heating system and insulation conforming to energy code standards. e. The dwelling shall be equipped with approved smoke detection devices, and with some form of manual or automatic fire extinguishing equipment. ~ 1-The dwelling shall be provided with telephone service. g. The lot or parcel shall be located directly on the shoreline or other access shall be available via a privately improved and maintained access to the shoreline. h. All property in common ownership shall be combined into one tax parcel if contiguous; or if separated by public rights-of-way, a special lot combination form shall be executed and filed in the chain of title of each separate parcel. Guest cabins. Accessory separate dwellings or sleeping quarters containing indoo"r-- toilet and/or kitchen facilities located on the same lot, parcel or property as a permitted,' seasonal dwelling or as a conditionally permitted principal dwelling. A conditional use permit may be issued for one or more private guest cabins, provided the applicant demonstrates and the council finds that the additional living or sleeping facilities will not contribute to overcrowding or overuse of a. small property or will not adverselyj· affect neighboring properties, and that extra private precautions are taken for fire protection and security of persons and property, as follows: . a. httn://librar:,.r.municode.com/orint.aspx?h=&clientID=l30Q4&HTI\1Reauest=http%i3a%2f... 3/13/201 4 Municode b. Page :i or l<S Private guest cabins shall be used solely by the occupants of the seasonal or principal dwelling, including their domestic employees, caretakers or nonpaying guests. Private guest cabins shall not be rented or leased for compensation. L The minimum dry buildable record lot area required for approval of a private guest cabin conditional use permit without a variance shall be 5.0 acres. Approval of a private guest cabin conditional use permit on an existing record lot of less than 5.0 acres shall be subject to strict showing of compliance with health and sanitation performance standards. The guest cabins and the seasonal or principal dwelling shall all be connected to on-site sewage treatment systems in conformance with the requirements of section 78-57 4 (3) d. e. f. The guest cabins and the seasonal or principal dwelling shall all be equipped with approved smoke detection devices and with some form of manual or automatic fire extinguishing equipment. All property in common ownership shall be combined into one tax parcel, if contiguous; or, if separated by public rights-of-way, a special lot combination form shall be executed and filed in the chain of title of each separate pa~rc~--,-,, Not more than one private guest cabin constructed without indoor plumbing, '\. ' toilets or kitchen facilities, and used only for additional sleeping quarters, shall be permitted on any property as an accessory use withc;iut requiring a t conditional use permit, provided the accessory cabin does not exceed 600. square feet in floor area and provided all accessory building performance ' standards are met. Use of more than one accessory building for additional· .. sleeping quarters, or use of an accessory building in excess of 600 square feet in floor area, shall require issuance of a conditional use p~rmit and compliance with the provisions of subsection (2) of this section. ___ \ y-use recreation areas. Land or structures owned or used by any private club, association or group of unrelated individuals as a regular meeting place for group activities, including without limitation boating activities, swimming, fishing, picnicking, athletic fields, nature trails and other day use. Overnight camping shall be permitted only on an occasional and incidental basis. This category includes day use scout, church, YMCA or YWCA camps, private nonprofit parks and boating groups, clubs or associations. This category does not include public day-use parks. A conditional use permit may be issued for a day-use recreation area, provided the applicant demonstrates and the council finds that the property is large enough to support the proposed use without adverse effect upon the lake, upon the land or wetlands, upon neighboring or nearby properties, and that extra private precautions are taken for fire protection and for security of persons and property commensurate with the number of users expected on the property, as follows: a. The minimum dry-buildable record lot area required for approval of a day-use recreation area conditional use permit without a variance shall be 5.0 acres. If the number of expected users at any one time exceeds 100, the minimum lot area required shall be increased to maintain a ratio of at least 1.0 acre per 20 users. b. The minimum lot width at the shoreline shall be 200 feet. c. The club, association or group shall each year obtain a joint-use dock license from the city and from the Lake Minnetonka Conservation District, and shall at htto://librar;.r.municode.com/print.aspx?h=&clientID=l3094&HTMRequest=http%3a%2f... 3/13/2014 Mumcode rage o 01 ll)., all times abide by all its terms. The number of licensed boat slips shall not exceed one slip per 50 feet of shoreline. d. Any swimming area shall be suitably marked off and separated from boat traffic areas, and safety equipment or supervisors shall be provided as may be required by the council. e. On-site sewage treatment shall be provided in conformance with the requirements of section 78-57 4 f. All new buildings or structures on the property, except accessory structures 120 square feet in floor area or smaller, shall be approved by the council as to size, location and proposed use prior to issuance of any building permits. g. The property shall be provided with telephone service for emergency use. h. The lot or parcel shall be located directly on the shoreline, or other access shall be available via a privately improved and maintained access to the shoreline. i. All property in common ownership shall be combined into one tax parcel, if contiguous; or, if separated by public rights-of-way, a special lot combination form shall be executed and filed in the chain of title of each separate parcel. (4) Overnight camps. Land or structures owned or used by any public agency, unit of government or any private club, association or group for overnight or extended camping by families or individuals, including related activities, such as boating, swimming, fishing, picnicking, athletic fields or nature trails. This category includes overnight scout, church, YMCA or YWCA, Park Reserve and Veterans' Association camps. A conditional use permit may be issued for an overnight camp, provided the applicant demonstrates and the council finds that the property is large enough to support the proposed use without adverse effect upon the lake, upon the land or upon neighboring properties, and that extra private precautions are taken for fire protection and for security of persons and property commensurate with the number of users expected on the property, as follows: a. The minimum dry-buildable record lot area required for approval of an overnight camp conditional use permit shall be 5.0 acres. If the number of dwelling units exceeds five, the minimum lot area required shall be increased to maintain a ratio of at least 1.0 acre per dwelling unit. For purposes of this section, one dwelling unit shall mean up to two developed camping spots for tent camping or each separate cabin or structure used for sleeping purposes, whether or not such cabin or structure includes separate toilet or kitchen facilities. b. The minimum lot width at the shoreline shall be 200 feet. c. Any common kitchen, dining room or eating facility shall conform to the requirements of county environ mental sanitation food protection ordinances, including all applicable licenses and inspections. d. The camp operator shall each year obtain a joint-use dock license from the city and from the Lake Minnetonka Conservation District, and shall at all times abide by all of its terms. The number of licensed boat slips shall not exceed one slip per 50 feet of shoreline. e. Any swimming areas shall be suitably marked off and separated from boat traffic areas, and safety equipment or supervision shall be provided as may be required by the council. f. http://libra1:1.rnunicode.com/nrint.aspx?h=&c1ientID=l3094&HTMRequest=http%3a%2f... 3/13/2014 Municode rage 1 01 10 Toilet and sanitation facilities, including on-site sewage treatment systems, shall be provided in conformance with state health department regulations and the requirements of section 78-574 g. All new buildings or structures on the property, except accessory structures 120 square feet in floor area or smaller, shall be approved by the council as to size, location and proposed use prior to issuance of any building permits. h. The property shall be provided with telephone service for emergency use. i. -All cabins or other structures used for sleeping purposes shall be equipped with approved smoke detection devices and with some form of manual or automatic fire extinguishing equipment. j. All assembly buildings having an occupancy load of 50 persons or more shall be equipped with fire extinguishing equipment consisting of hand-held fire extinguishers and either an automatic fire sprinkler system or other means of fire suppression equipment as may be approved by the council. k. An emergency preparedness plan shall be required to address fire protection, medical emergency and police public safety services for all times the camp is occupied. I. All property in common ownership shall be combined into one tax parcel, if contiguous; or, if separated by public rights-of-way, a special lot combination form shall be executed and filed in the chain of title of each separate parcel. (5) PRO subdivisions. Planned residential development subdivisions limited to detached one-family seasonal dwellings only, subject to the minimum 5.0 dry-buildable acres per dwelling unit net density otherwise required in the RS district, and subject to the limitations of division 10 of this article. The minimum total land area for a PRO subdivision shall be 20.0 acres. (6) The keeping of domestic animals for noncommercial purposes, including horses for the use of the occupants of the premises. A minimum of one acre in aggregate, exclusive of one acre for the principal building, must be available for each animal unit, except as set forth in this subsection. A minimum of two acres of open pasture must · be available for a single horse, and one additional acre must be available for each additional horse. When the horses are kept stabled and do not require pasture for feed purposes, the minimum pasture requirement may be adjusted at the discretion of the council. Such minimum pasture acreage shall not include wetlands as defined in section 78-1602. Any person keeping such animals must comply with the provisions of this Code. (Code 1984, §§ 10.20(3), 10.31(3); Ord. No. 28 3rd series, § 13, 8-22-2005) Sec. 78-566 .. Accessory uses. Within any RS seasonal recreational district, no accessory structure or use of land shall be permitted unless a permitted or conditional use is first established on such land, except as allowed in section 78-564(3). Once a permitted or conditional use exists on any lot or parcel, no accessory structure or use of land shall be permitted except for one or more of the following uses: (1) Docks conforming to city and Lake Minnetonka Conservation District regulations, not to exceed one slip per 50 feet of shoreline width, or a maximum of four slips per property, whichever is less. An annual joint-use dock license shall be required for any nonresidential dock and/or for any property having more than four slips. The http://library.municode.com/print.aspx?h=&clientID=l3094&HTMRequest=http%3a%2f... 3/13/2014 Mumcocte t"age o 01 1 t, accessory use of a residential or non-residential private dock shall not include renting space. (2) Not more than two accessory buildings used for storage, service or other nonhabitable purpose. No such individual building shall exceed 1,000 square feet in floor area, and the sum of any two buildings on any record lot shall not exceed 1,500 square feet in floor area without a conditional use permit. Accessory buildings used as barns or stables shall be subject to this area restriction and to a conditional use permit pursuant to section 78-565(6), including a 150-foot setback from all property lines. (3) Not more than one accessory private guest cabin not to exceed 600 square feet in floor area pursuant to section 78-565(2)f. (4) Open decks, patios, screenhouses or private greenhouses. (5) Private swimming pools, tennis courts, paddocks or athletic fields or equipment. (6) Not more than two toilet buildings or outhouses, which shall conform in location and design to the requirements of section 78-574 (7) Tents or other temporary structures to be in place not more than 180 days in any one year. (8) Open wood or gravel-filled steps, stairways or walkways on lakeshore hills or embankments, limited to not more than four feet wide at any point within 75 feet of the shoreline. Concrete or other solid materials shall constitute hard cover and are prohibited. (9) Lake water pumphouses which, may be within 75 feet of the shoreline if limited to 20 square feet or less in area and five feet or less in height, and subject to all applicable permits for such use. (10) Fire rings or barbeque pits. (11) Gardens, gardening or other horticultural uses including apiaries and decorative landscaping. (12) Fences, not to exceed 42 inches in height, and no part of which may be located within 75 feet of the shoreline. (13) Retaining walls, not to exceed 42 inches in height, and no part of which may be located within 75 feet of the shoreline. (14) Home occupations, as defined in this chapter. All home occupations shall comply with the provisions of section 78-1376, and the licensing provisions of section 26-76, when applicable. ( 15) New boathouses within 75 feet of the shoreline are specifically prohibited. (Code 1984, §§ 10.20(4), 10.31(4); Ord. No. 221 2nd series,§ 3, 9-23-2002; Ord. No. 93 3rd series,§ 5, 6-25-2012; Ord. No. 100 3rd series, § 8, 2-25-2013) Sec. 78-567. Permit for. private improvements within public rights-of-way. It is unlawful for any person to alter, improve or use for private purposes in any RS district any platted public right-of-way, any platted public park, or any other property owned by the city without first obtaining a permit from the council, as follows: (1) Inland properly access. Persons desiring access to property located inland and not abutting the shoreline may apply for a permit to privately use and/or improve platted public right-of-way for such purpose. The permit applicant shall demonstrate and the council shall find that there is no reasonable ~lternative access available, and that the proposed improvements and/or type of use would not unreasonably affect other http://library.municode.com/print.asnx?h=&clientID=l 3094&HTMRequest=http%3a%2L. 3/13/2014 Municode Page 9 of 18 properties abutting the right-of-way. The council may approve, deny or place restrictions on any such permit based upon public health, safety and welfare considerations, including without limitation the configuration of adjoining record lots, the_location, width, topography, drainage and vegetation on the right-of-way and the number of existing or future property owners who may require access at the same location. Any land alterations or improvements approved shall be the minimum amount necessary to provide reasonable inland access. (2) Land alterations. Grading or physical alteration of any platted public right-of-way for any purpose, including inland property access, is prohibited except when such work has been specifically authorized as part of a permit issued by the council. The permit applicant shall provide a detailed land survey of the right-of-way and appropriate engineering drawings sufficient to identify the full extent of all proposed work. Permit approval shall be subject to obtaining a grading permit from city staff; and land alterations involving filling and grading shall be performed with only clean fill, and all other permits as may be required by other agencies having jurisdiction. Public rights- of-way so improved shall be maintained by the licensee. (3) Dockage on right-of-way. Installing, maintaining, keeping or using a private dock on any platted public right-of-way for any purpose, including inland property access, is prohibited except when such dock has been specifically authorized as part of a permit issued by the council. Not more than one seasonal dock will be approved for access to any one property. In review and approval or denial of such permit, the council shall consider the width and topography of the right-of-way, the number of property owners requesting dockage at that location, the plan of the proposed dock, and conformance with city and Lake Minnetonka Conservation District dock regulations. The council may establish reasonable standards or requirements in approving any such dock permit. (4) Encroachments prohibited. No private property, buildings, structures, fences, boats, vehicles, dock parts, junk or debris shall be built, stored, parked or kept at any time within any platted public right-of-way, within any platted public park, or on any other property owned by the city except as specifically authorized by a permit issued under this section. (5) Permit exceptions. No permit shall be required for any person to walk on or over any platted public right-of-way or any platted public park when such use is made without altering the natural state of the land. No permit shall be required for any person whose property abuts a platted public right-of-way or a platted public park to control weeds or brush, seed, sod, mow or otherwise maintain the right-of-way or park in a neat and presentable manner. Persons whose record lot established by section 78-568 consists of tax parcels divided by platted, unopened public right-of-way may incorporate and use such right-of-way as part of their yard without a permit, provided no permanent structures are erected or maintained within the right-of-way. (6) Public use limited. Any permit issued under this section shall be deemed to open the platted public right-of-way only to the extent necessary as established in the permit, and for the limited use of the permittee and his invitees. (7) Permit limitations. A permit issued under this section shall not grant or vest any property rights to use of the public right-of-way or other public property, or in any improvements. Permits issued under this section shall be valid for one year, shall be subject to change, alteration or revocation for cause by the council at any time, and shall be automatically renewable on the anniversary of the date of issuance except http ://library .municode.corn/print.aspx?h=&clientID= l 3094&HT1\1Request=http%3a%2f... 3/13/2014 Mumcoae (8) (9) .[ cl.):,C l V Ul. 10. upon written notice.from the city to the permittee at least 30 days prior to the anniversary date. Hold harmless. As a con_dition of issuance of any permit, the applicant shall in writing release, indemnify and hold harmless the city from any and all claims or causes of action arising out of the use or alteration of the platted right-of-way by applicant or his invitees. . . . .. Permit hearing and notice. The planning commission or the council shall hold a public hearing or hearings on each application for a permit. Notice of the public hearing shall be given not less than ten days nor more than 30 days prior to the date of the hearing by publication in the legal newspaper for the city. Such notice shall contain the description of the land and the proposed use. At least ten days before the hearing, the city clerk shall mail an identical notice to the applicant and to each of the property owners within 350 feet of the outside boundaries of the land in question. Failure of the property owners to receive notice shall not invalidate the proceedings. At the public hearing, the planning commission or the council shall review the application and the statements and drawings submitted with the application and shall receive pertinent evidence concerning the proposed use and the proposed conditions under which it would be operated or maintained. (Code 1984, § 10.31(5)) Sec. 78-568. Lot area requirements. Within any RS seasonal recreational district, no new lot or parcel shall be created less than 5.0 acres in dry-buildable lot area exclusive of any wetlands. Within any RS seasonal recreational district, the following provisions shall govern the buildability, use and/or subdivision of each existing record lot: (1) Record lot definition. For purposes of the RS seasonal recreational district, a "record lot" shall mean all the contiguous or abutting land owned in common by the same person or persons as of November 9, 1981, or at any time such common ownership may occur thereafter, including one or more separately platted lots or unplatted parcels of land, and/or one or more separately identified tax parcels. Because of the unique circumstances and actual use patterns existing on the islands, also included within the definition of a "record lot" is commonly owned land that is contiguous except for being separated only by platted unopened public right-of-way. Each record lot shall be considered in its entirety to be one lot for zoning purposes. a. The effective date for determination of common ownership is November 9, 1981, the date of adoption of Ordinance No. 238, establishing a moratorium on development, including land subdivision, on the Lake Minnetonka Islands. Common ownership as of that date has been and shall be determined by the deeds of record at the county recorder's office. This definition shall not preclude the city from recognizing or enforcing the common ownership/lot of record provisions of Ordinance No. 172, or any other similar prior ordinance. b. The ca.uncil has identified and establishes 69 record lots on Big Island, Mahpiyata Island and Deering Island as listed by record lot number in the left- hand column of subsections (4 ), (5), (6) and (7) of this section. Each such record lot shall include all land identified by ail tax parcel property identification numbers (PIDs) grouped together following the record lot number. C. http://library.municode.com/print.aspx?h=&ciientID=l3094&HTMRequest=http%3a%2f... 3/13/2014 Municode .Page 11 or 11:s Within 60 days after January 13, 1983, the owner of each record lot shall be notified in writing at his last recorded address of the classification of each record lot, including all tax parcels determined to be included in such record lot. All existing uses in the RS district are identified in the record lot inventory, subsections (4), (5), (6) and (7) of this section, and all such uses have been deemed to be seasonal in nature. The notice shall provide that in order to receive the benefits of the automatic lot area variances granted by subsections (6) and (8) of this section, the owner shall on a form provided by the city acknowledge the record lot and shall apply for combination of all separate tax parcels pursuant to subsection (2) of this section. Any record lot owner may appeal the record lot classification or use determination to the council with no application fee required within six months of the effective date of this division. The record lot inventory shall be considered accurate and final for all properties except those found on appeal to have a demonstrable cause for change or adjustment. d. Notice of record lot establishment shall be filed by the city in the chain of title of each property. e. Future changes in tax parcel property identification numbers caused by combination of parcels for tax purposes or for any other reason shall not alter the establishment of record lots. New record lots shall be created only by council approved subdivisions pursuant to subsection (3) of this section, or by combination of two or more complete record lots. (2) Tax parcel combination required. No new building permit, variance or conditional use permit shall be issued for any purpose on any record lot composed of two or more tax parcels unless the owner of such record lot shall apply for a formal combination of all commonly owned property into one parcel. If contiguous, all property shall be combined into one tax parcel. If separated by public right-of-way, a special lot combination form shall be executed and filed in the chain of title of each separate parcel. (3) Subdivision of record lots. All record lots established in this section shall be continued in common ownership and shall not be subdivided, sold in parts, reduced in area, leased or otherwise separated without application for and council approval of a subdivision in accordance with chapter 82. Such subdivisions will normally be approved and additional new record lots created only if all resulting lots are each 5.0 acres of dry-buildable lot area or more. No existing record lot shall be divided or reduced in area to less than 5.0 acres of dry-buildable lot area, except as follows: a. Lot line rearrangements between abutting properties that do not create an additional building site will normally be approved. b. Separation of platted lots divided by public rights-of-way may be approved provided the separated lot is combined with other abutting property to enlarge the property without necessarily creating an additional substandard building site. (4) Subdividab/e record lot inventory. Record lots 1 through 4 inclusive are established, each of which is determined to have a dry-buildable lot area in excess of 10.0 acres per owner. Therefore, each of record lots 1 through 4 inclusive may be subdivided into two or more lots in conformance with the minimum lot area requirements of this section, subject to subdivision application and approval pursuant to subsection (3) of this section and to chapter 82. Record lots are identified by record lot number on the http://library.municode.com/print.aspx?h=&clientID=l3094&HTMRequest=http%3a%2f... 3/13/2014 Municode Page 12 or lo official record lot map and listing on file with the city clerk, and each includes all property identified thereafter by the listed tax parcel property identification numbers. (5) Conforming record lot inventory. Record lots 1 through 7 inclusive are established, each of which is determined to have a dry-buildable lot area of 5 .0 acres or more per owner. Therefore, each of record lots 1 through 7 inclusive are .in conformance with the minimum lot area requirements of this section, and may be used for any one- family permitted or conditional use in the RS district, subject to all performance standards and approvals required, including tax parcel combination pursuant to subsection (2) of this section. Record lots are identified by record lot number on the official record lot map and listing on file with the city clerk, and each includes all property identified thereafter by the listed tax parcel property identification numbers. (6) Substandard buildable record lot inventory. Record lots 8 through 62 inclusive are established, each of which is determined to have a dry-buildable lot area of less than 5.0 acres per owner, which lot area is substandard pursuant to the minimum lot area requirements of this section. Record lots 8 through 62 inclusive may be developed only in accordance with section 78-72(c). Record lots are identified by record lot number on the official record lot map and listing on file with the city clerk, and each includes all property identified thereafter by the listed tax parcel property identification numbers. (7) Substandard unbuildable record lot inventory. Record lots 63 through 70 inclusive are established, each of which is approximately one-third acre in area or smaller, which lot area is too small to accommodate any form of new permanent use without available services such as municipal sewer. One-family seasonal recreational use without structures pursuant to section 78-564(2) shall be permitted subject to strict compliance with all on-site sewage treatment performance standard requirements for the RS district. Record lots 63 through 70 inclusive may be developed only in accordance with section 78-72(c). Record lots are identified by record lot number on the official record lot map and listing on file with the city clerk, and each includes all property identified thereafter by the listed tax parcel property identification numbers. (8) Substandard unbuildable record lot exception. Any new record lot resulting from future combination for ownership and tax purposes of any two or more adjacent record lots listed in subsection (2) of this section with each other and/or with another vacant or undeveloped record lot, which total dry-buildable acreage meets or exceeds one-half acre, will be recognized by the council as a buildable lot as if it had been listed under subsection (6) of this section. Each such new record lot may be developed in accordance with section 78-72(c) on the official record lot map and listing on file with the city clerk. (Code 1984, § 10.31(6); Ord. No. 28 3rd series, § 14, 8-22-2005; Ord. No. 92 3rd series, §§ 3-7, 3-26-2012) Sec. 78-569. Lot width requirements. Within any RS seasonal recreational district, no new lot or parcel shall be created iess than 200 feet in width measured at the shoreline and at the building site. No existing lot of record shall be reduced by any lot line rearrangement to less than 50 feet in width measured at the shoreline and at the building site. (Code 1984, § 10.31(7)) Sec. 78-570. Yard and setback requirements. http://librarv.municode.com/print.aspx?b=&clientID=13094&HTMReques:-http%3a%2f... 3/13/201.i Municode Page u or 1~ Within any RS seasonal recreational district, the following yard and setback requirements shall be observed for all new structures and for any addition or alteration to any existing structure, whether temporary, seasonal or permanent: (1) Minimum setback from lakeshore, all structures, including decks, fences, retaining walls, wells, on-site sewage treatment systems and land alteration of any kind, 75 feet. (2) Minimum setback from wetlands shall be: a. Wells and sewage treatment systems, 75 feet. b. All structures, land alteration or hard cover of any kind, shall meet the setback requirements established within article XI of chapter 78 of this Code (the wetlands protection element of the Zoning Code). (3) Minimum setback from platted street rights-of-way, all structures, 30 feet. (4) Minimum setback from internal side or rear property line shall be: a. All structures on lots 200 feet or more in width, 50 feet. b. All structures on existing record lots 100 feet or more in width but less than 200 feet in width, 30 feet. c. All structures on existing record lots less than 100 feet in width, ten feet. (5) Minimum setback any building to any other, ten feet. (Code 1984, § 10.31(8); Ord. No. 28 3rd series, § 15, 8-22-2005) Sec. 78-571. Hardcover regulations. Hardcover in the RS district shall be regulated per the provisions of the stormwater quality overlay district, article XII I of this chapter. Exception: The provisions of article XII, division 2, section 78-1683(1) through 78-1683(3) regarding proof via calculation of available garage, driveway and sidewalk hardcover shall not be applicable to the RS district. (Code 1984, § 10.31(9); Ord. No. 105 3rd series,§ 1, 5-28-2013) Sec. 78-572. Building height. Within any RS seasonal recreational district, no structure or building shall exceed 2½ stories and shall not exceed 30 feet in height except as provided in section 78-1366. (Code 1984, § 10.31(10); Ord. No. 18 3rd series, § 3, 9-27-2004) Sec. 78-573. Building construction standards. Within any RS seasonal recreational district, all new buildings or structures and all additions, repairs, alterations or improvements to existing buildings or structures shall be built in strict conformance with the current edition of the state building code as adopted and amended by the city, and with the following regulations: (1) Foundations required. All new or remodeled seasonal dwellings or guest cabins and all principal dwellings shall be placed on a permanent frost-depth, solid masonry or treated wood foundation that completely encloses the entire perimeter of the building. (2) Minimum dwelling area required. All new or remodeled dwellings or habitable buildings shall meet or exceed the following minimum square footage of enclosed floor area on the main floor: http://library.municode.com/print.aspx?h=&clientID=l 3 094&HTMRequest=http%3 a%2f... 3/13/2014 Murucode a. b. C. Page 14 ot 18. Tents, screenhouses or other permitted accessory structures, no minimum area required. Seasonal dwellings or guest cabins, 400 square feet. Principal dwellings, 800 square feet. (3) Minimum dwelling ·width required. All new or remodeled dwellings or habitable buildings shall be at least 20 feet in width at the narrowest dimension. (4) Minimum roof requirements. All new or remodeled dwellings, buildings or structures of any kind shall be provided with a fire-retardant roof covering having class A or B rating, including treated but not untreated wood shakes or shingles, or class C mineral surfaced asphalt shingles laid as required in the state building code. All new dwellings shall have a sloped roof of at least 3:12 pitch. (5) Minimum plumbing requirements. All new or remodeled seasonal dwellings over 800 square feet in floor area, all guest cabins over 600 square feet in floor area, and all principal dwellings shall be provided with indoor plumbing consisting of at least one water closet, one lavatory, and one kitchen sink, all connected to an approved on-site sewage treatment system conforming to the requirements of section 78-57 4 (6) Additional fire protection system requirements. Because of the lack of available public fire protection services, each property owner shall be required to provide additional private fire protection and life safety systems as follows: a. Fire-resistive roof coverings as required by subsection (4) of this section. b. All temporary, seasonal or principal dwellings and guest cabins, except tents, having bedrooms or used as sleeping quarters shall be provided with approved smoke detection devices conforming to state building code specifications and location requirements. c. Every habitable building or structure shall be provided with at least one approved fire extinguisher labeled for class A, B and C hazards; and the minimum extinguisher size shall be 1A10BC. d. Every principal dwelling shall be provided with additional fire extinguishing equipment, such as a well, pump and domestic hoseline; a residential-design automatic fire sprinkler system; or other means of fire suppression equipment as may be approved by the council. e. Every nonresidential building having an occupant load of 50 persons or more shall be provided with an automatic fire sprinkler system conforming to NFPA Standard No. 13, current edition, or with other fire extinguishing equipment as may be approved by the council. f. The owner of' any building or structure existing and in use, including seasonal use, as of the effective date of the ordinance from which this division is derived, shall have a period of two years, not to extend later than January 1, 1985, to comply with the provisions of subsections (6)b and (6)c of this section, and a period of five years, not to extend later than January 1, 1988, to comply with the provisions of subsections (6)d and (6)e of this section; except that if any addition, alteration or repair is undertaken on such building or structure prior to these compliance dates, compliance shall be required as a condition of permit issuance for such work. (7) Additional building security requirements. Because of the remote location of the islands, each property owner shall be responsible for providing additional private security measures for persons and property as follows: a. httn://library.municode.com/print.aspx?h=&clientID=l3094&HTMReauest=http%3a%2f... 3/13/2014 Municode Page 15 ot 18 b. C. d. Telephone service shall be provided at each principal dwelling, at day-use recreation areas, and at overnight camps. All buildings or structures shall be provided with substantial locking devices on all doors and windows. Owners of seasonal dwellings or other buildings are encouraged, but not required, to place solid lockable shutters over all ground floor windows and doors when the building is to be unused for any length of time, and especially over the winter months. Any abandoned or hazardous building shall be securely boarded up within 60 days and shall be razed and completely removed within one year of any notice issued by the city. e. Any intrusion alarm system having an audible alarm shall be self-resetting. (Code 1984, § 10.31(11)) Sec. 78-574. On-site sewage treatment systems. Within any RS seasonal recreational district, all lots, properties, buildings and structures shall be provided with on-site sewage treatment systems conforming to the requirements of chapter 58, article II, as amended by the following specific exceptions and requirements pertaining to the RS district. (1) Systems not required. Vacant property or property used solely for one-family seasonal Cit recreational of land withouts ctures, or with accessory structures only, as )-.,i) permitted y section 78-564(2), ne not be provided with an on-site sewage °"~ _ -reatmen ystern, providca,-...,...,,::u at any time such property is actually in use by one or v more persons or overnight or longer stays an approved marine toilet or portable ~ ~ holding-tank toilet shall be available on the property or within a watercraft docked or h ">!" ~-moored at the property. f' ' R f (2) Outhouses permitted. Notwithstanding other prohibition in the on-site sewage 111 ,1 \ \ ~,t'SJ"/' . :ar~_:;~:;:nc~hd: ~~h~is~~~c~!~::~!~~l~h:~:~I~:~: ~~~~~~ii~~s\oilets may be used on r/ "'\.; ~ Outhouses may be used only on property used for: If ~ ~ 1. Seasonal dwellings of less than 800 square feet in floor area. (; ~ ,1-f\, "? 2. Seasonal recreational use of land without structures, or with accessory J\('11 $:, ~ f~Q 4 ~. 3 _ structures only. J • Any other permitted or conditional use only upon approval of a variance I. issued by the council. ~ _ \_l ,~') \) n/ b V, ~ if · Outhouses shall be dry with no water plumbed-in. ~tf I C, Outhouses shall be constructed in accordance with state pollution control agency specifications and shall be set over a curbed pit of at least 50 cubic feet capacity. i..; ✓ \Y \0 \ d. e. f. Sealed vault-type outhouses shall not be permitted because pump-out and sanitary disposal is unfeasible. Outhouses shall be located at least 75 feet from any lakeshore, wetland or water well, and at an elevation such that the bottom of the pit is at least five feet above the level of the lakeshore and/or the level of any adjacent wetland or drainageway. http://library.municode.com/print.aspx?h=&clientID=l3094&HTMReguest=http%3a%2f... 3/13/2014 Mumcocte t'age 10 or 1o, Existing outhouses not conforming to any or all of the requirements of subsection (2) of this section shall be abandoned, filled in and the superstructure removed within five years of the effective date of the ordinance from which this section is derived, not to be later than January 1, 1988. g. It is unlawful for any person to construct, install or relocate an outhouse without first obtaining a permit from the city as required for other on-site systems, except that outhouse permits may be issued to the property owner as well as to licensed contractors. Permit applications shall specify location, setbacks, pit design and pit elevation above the water table. All work on outhouses, including construction, installation, alteration or relocation, shall be subject to inspection and approval by the city to ensure compliance with the requirements set forth in subsection (2) of this section, including without limitation proper design, construction, sanitary setbacks, depth to water table and soil types. (3) Alternate devices. Alternative waste treatment devices are permitted in lieu of an outhouse on any property where outhouses are permitted pursuant to subsection (2) of this section, or where otherwise necessary to provide toilet waste disposal for an existing dwelling where a conforming outhouse or on-site sewage treatment system cannot be installed. Such devices shall include incinerating devices, composting devices or small portable holding-tank toilets which are carried to the mainland for disposal in a sanitary sewerage system. Alternative systems shall be subject to review and approval by the city. (4) On-site sewage treatments systems required. A complete on-site sewage treatment system, including plumbing fixtures, two sealed septic tanks and underground drainfield designed, constructed and maintained in full conformance with the on-site sewage treatment code, is required on all properties in the RS district as follows: a. Serving all structures containing a principal dwelling. b. Serving all properties containing two or more dwellings pursuant to a private guest cabin conditional use permit. c. Serving all seasonal dwellings over 800 square feet in floor area. d. Serving all dwellings, buildings or structures containing a water-activated toilet regardless of the type or duration of use or occupancy. e. Any dwelling, building or structure having running water plumbed inside to any sink, lavatory, tub, shower, or any other plumbing fixture, but not a toilet, shall have a conforming grey-water disposal system, including a septic tank and drainfield connected to such fixture drains. f • Any existing dwelling, building or structure required by one or more of subsections (4)a-(4)e of this section to be connected to an on-site sewage treatment system, but which is. not so connected as of the effective date of the ordinance from which this division is derived, or which has an existing system that does not conform to minimum setbacks or other requirements of this division, shall have a new conforming on-site sewage treatment system installed on or before January 1 , 1988. g. All other provisions of chaoter 58, article II, shall apply to on-site sewage treatment in the RS district, including without limitation the requirement for construction permits, construction inspection, and regular maintenance inspections, including payment of the standard annual service charge. (5) Owner's responsibility. It shall be the responsibility of each property own·er to demonstrate that the on-site sanitation device or system in use or existing on his htto://library.municode.com/print.aspx?h=&clientID=l3094&HTMRequest=http%3a%2f... 3/13/2014 Municode Page 17 of 18 property is in conformance with all requirements of this division and chapter 58, article II; that the device or system properly treats and/or disposes of the entire sewage input generated on the property; and that the device or system is adequately and properly maintained at all times. If unpermitted nonconforming, mislocated, or failing devices or systems shall be found by the city because of complaint and/or routine inspection, correction orders shall be issued by the building official or on-site manager requiring repair, alteration or replacement in strict accordance with the requirements of this division. Failure of any owner to obey such a lawful order shall be cause of the city to initiate legal actions including condemnation of all occupancy of the property pursuant to Minn. Stat.§§ 463.15-463.261. (Code 1984, § 10.31(12)) Sec. 78-575. Garbage removal and sanitation. Within any RS seasonal recreational district, each property owner, occupant or user shall be responsible for packing out and off the islands all garbage, refuse, rubbish, junk, old machinery, parts or debris created or brought onto the island by such person; and for removal of all such materials from all property owned or occupied by such person: (1) It is unlawful for any person to discard, dump, bury, deposit, drop, leave or allow to remain any garbage, refuse, rubbish, junk, old machinery, inoperable or dismantled motor vehicle, parts or debris on any property in any RS district. (2) It is unlawful for any person to burn any garbage, refuse or rubbish on any property in any RS district; except that paper products free from any food residue may be burned in fireplaces, closed containers or incinerators. (Code 1984, § 10.31(13)) Sec. 78-576. Open burning prohibited. It is unlawful for any person to start or allow to burn any open fire on any property within any RS district without a permit except for permanent gas or masonry barbeques and as permitted under the Uniform Fire Code. (Code 1984, § 10.31(14)) Sec. 78-577. Tree removal regulations. No trees within 75 feet of the shoreline with a diameter of six inches or more shall be removed without first obtaining a permit from the council. (Code 1984, § 10.31(15)) Sec. 78-578. Adoption of official record lot map and listing. The official record lot map and listing is adopted. A copy of the map and listing shall be kept on file at all times with the city clerk. (Ord. No. 92 3rd series, § 8, 3-26-2012) Secs. 78-579-78-600. Reserved. http:/ /library .municode .com/print.aspx ?h=&clientID= 13 094&HTMReauest=http%3 a %2f... 3/13/2014 Municode ragt: 100110 .. FOOTNOTE(S): -(4)- Cross reference-Parks and recreation, ch. 22. (Back) http://library.municode.com/print.aspx?h=&clientID=13094&HTMRecmest=http%3a%2f... 3/13/2014 5261526 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2146 APPROVING A LOT AREA VARI.ARCE FOR RECORD LOT NO 24 PURSUANT TO ORDINANCE~N...,.0-• ...,,,.2..,.46, MUMICIPAL ZONING CODE SECTION 10.31 ® BB IT RESOLVED by the City Council of Orono, Hennepin County, Minnesota: FINDINGS '{. )Q V -n-/} ·he l)I// ·'£ 1. · That .~ l:> t K { 1. /1 I ti V _/F/1.s (are) the owner(s)/tax- payer(s) of record of the following describ~d property located within the RS Seasonal Recreational Zoning District of the City: Lot 6 and the south half of Lot 7, Morse Island Park Second Addition; and Lot 1, Scriver's Subdivision of Lot E Morse I~land Park, Hennepin County, Minnesot 2. That in adoption of Ordinance No. 246, the City Council reviewed ownership, development and use patterns on the islands and has deter- mined that all the above described property combined is and shall hereinafter and henceforth be one "RECORD LOT" as defined in Section 10.31 of said ordinance. 3. That all the above described property when combined as one RECORD LOT is still less than the minimum lot size required for new lots in the RS District, but that this RECORD LOT is being used and/or may be used in the future for' any permitted use in the RS District without adverse affect upon public health, safety, or welfare. CONCLUSION ,. ..... The City Council of OraA?;>,,.hereby grants a lot area variance to the above described RECORD LOT based on the ab,ve findings and subject to the following conditions: l. This RECORD LOT including all the above described property combined shall henceforth be continued in common ownership by the same person or persons even if recorded as separate lots or tax parcels, and it shall not be subdivided, sold in parts, reduced in area or otherwise separated without application for and approval of a subdivision by the City. This condition shall not preclude future sale or transfer of the complete "RECORD LOT" as a single unit. 2. Granting this variance means this RECORD LOT.may be used for one- family seasonal recreational use without a structure~ or a single new seasonal dwelling may be built; or an existing seasonal dwelling may be used, improved, added-onto or replaced: all without requiring further City Council review of lot size, but subject to strict com~ pliance with all buildinq permit, setback, hardcover, on-site sewage treatment and other performance standa,;-ds for development in the RS District. PC Exhibit H Clty of ORONO RESOLUTION Ot= THE CITY COUNCIL NO, __ 2_1_4_6 ___ _ PAGE 2 i RECOiW LO-T NO. 2 4 RESOLUTION NO. 2146 3. Granting this variance shall not vest any rights in the property oth~r than as specifically provided in Ordinance Ro. 246, and shall not preclude a future City Council from amending, modifying or otherwise limiting devc lop~ent rights and/or performance standards in the RS District. 4. The undersigned has read and understood the terms of this resolution and on behalf of himself, his heirs, successors and assigns, agrees that the abo7c described property constitutes a single RECORD LOT; agrees that the RECORD LOT use may be so li~ited by the City; and agrees to the recording of this resolution in the chain of title of the property. '., .... ' ' • ·1 Adopted by .the Orono Ci ':'.y Counci 1 on the 17th day of March , 19 87/ .· · (-~ -1 : ATTEST: . . >I 1r r II fo-~ )J1 · /.Vd!L~ c--~J.JV-~~&µ/'-. /Dor6thy M. ffillin, City Clerk ~:tC<xi!ttrt:~~ · Ja~es R. Grabek, Mayor .A /7 . (1;;-,/. '½i A _.,., ';// .,,, I/ --/;' /I . , I B-.12. I J1 .I l (/-'.~~ '1th. •'Hf p. .itk. LLu,,/1.,,;&{I/ (I) Property Owner(s) (/ 1/ (2) · ·/ Y,, STATE OF MINNESOTA) )ss. COUNTY OF HENNEPIN) On this /~ day or-:fdw.lflil/_, 198.J, before me, a Notary Public within and f-9.r .('"1,aid County, persona ly nppeared ________ _ -t I'\ (\\::. N,J.\~ " ; A 1. ·· · known to me ~o be the person(s) described in and who executed the foregoing instru- ment, and acknowledged that he (they) executed the same as his (their) free act and deed. WTH L f::1',· ~ fU!ilJC-11,:,.•, ~fliCOUN'• ~~~A~, b • . . VN""' ,, ,,, ·•~AY,.•~-.,,.,,,VN✓..t; ?;OTA.RY PUBL:LC ((u_QltrSf 19 199 21 MY co~.MISSION i£xPIRES This document is being recorded for the benefit of the City of Orono per Minnesota Statutes 386.77. State Deed Tax Due Hereon: Exempt This instrument was drafted by: City of Orono P.O. Box 66 Cry::;ti\l nay, MN 473-7357 55323 I I r City o~ ORONO RESOLUTION OF THE CITY COUNCIL NO. 1548 APPROVING A LOT AREA VARIANCE FOR RECORD LOT NO 30 PURSUANT TO ORDINANCE N0.246, SECTION 34.366 BE IT RESOLVED by the City Council of Orono, Hennepin County, Minnesota: FINDINGS 1. That ·J;~') ~ c• . ~ 'f'-t-,-,v\..A...\...P'::::'€) is ( a r e ) the owner(s)/taxpa1yer(s) of record of the following described property located within the RS Seasonal Recreational Zoning District of the City: Lots 2 and 3, Scrivers Subdivision of Lot E, Morse Island Park, Hennepin County, Minnesota 2. That in adoption of Ordinance No. 246, the City Council reviewed ownership, development and use patterns on the islands and has determined that all the above described property combined is and shall hereinafter and henceforth be one "RECORD LOT" as defined in Section 34.366 of said ordinance. 3. That all the above.described property when combined as one RECORD LOT is still less than the minimum lot size required for new lots in the RS District, but that this RECORD LOT is being used and/or may be used in the future for any permitted use in the RS District without adverse affect upon public health, safety, or welfare. CONCLUSION The City Council of Orono hereby grants a lot area variance to the above described RECORD LOT based on the above findings and subject to the following Conditions: 1. This RECORD LOT including all the above described property combined shall henceforth be continued in common ownership by the same person or persons even if recorded as separate lots or tax parcels, and it shall not be subdivided, sold in parts, reduced in area or otherwise separated without application for and approval of a subdivision by the City. This condition shall not preclude future sale or transfer of the complete "RECORD LOT" as a single unit. 2. Granting this variance means this RECORD LOT may be used for one- family seasonal recreational use without a structure; or a single new seasonal dwelling may be built; or an existing seasonal dwelling may be used, improved, added-onto or replaced; all without requiring further City Council review of lot size, but subject to strict comp- liance with all building permit, setback, hardcover, on-site sewage treatment and other performance standards for development in the RS District. PAGE 2; RECORD LOT NO. 3 0 : RESOLUTION NO. l£.Y£ 3. Granting this variance shall not vest any rights in the property other than as specifically provided in Ordinance No. 246, and shall not preclude a future City Council from amending, modifying or other- wise limiting development rights and/or performance standards in the RS District. 4. The undersigned has read and understood the terms of this resolution and on behalf of himself, his heirs, successors and assigns, agrees that the above described property constitutes a single RECORD LOT; agrees that the RECORD LOT use may be so limited by the City; and agrees to the recording of this resolution in the chain of title of the property. CITY OF \"t\ Mayor \ (2) ----------------- STATE OF MINNESOTA) )ss. COUNTY OF HENNEPIN) On this ~<;s···~ day of ~Li...--v-.Z , 19'z:53 , before me, a Notary Public within and for said County ,1"--)personally appeared J 6Se..12b G:, t¾_QV\'\nA C:I (Jcgphfurc.<'.:P1<.8Y111i,;i . u known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (t ) executed his (their free act and deed. This instrument was drafted by: City Of Orono P.O. Box 66 Crystal BBy, Mri. 55323 473-7357 MY 386.77. CITY of .ORONO Post Office Box 66•Crystal Bay, Minnesota 55323•Municipal Offices On the North Shore of Lake Minnetonka Dear Island Landowner: The purpose of this letter is to provide you with information regarding the recent zoning changes on Big Island, and how these changes may affect your property. The new RS Seasonal Recreational zoning regulations were established by City Council adoption of Ordinance #246 on December 30, 1982. This action also ended the development moratorium that had been in effect since November 9, 1981. A summary of the ordinance is attached. If you are interested, a complete text of the ordinance is also available for a nominal charge of $3.00 to defer printing and mailing costs. Your property is identified in the ordinance by the Record Lot Number shown above and on the attached blue page. This identification is part of a special section that inventories lot by lot the ownership patterns and existing uses of island property. Based on this record, the ordinance then "grandfathers" building rights for these Record Lots by making them eligible for lot area variances. This means that for the first time even if your lot is less than five acres (or two acres under the previous ordinance) that you may now build a new seasonal cabin, or if you already have a cabin, that it may continue to be used, improved, added-onto or replaced with a new cabin, subject to building permits and setback regulations, etc., but without questioning its use for building purposes, and without requiring any special City Council review. In order for you to automatically receive the benefits of the lot area variance, you should review and complete the following before July 1, 1983: 1. Please verify the Record Lot information on the attached blue page and notify the City if there is a problem or a change. BUILDING & ZONING -473-7357 ASSESSING • ADMINISTRATION & FINANCE -473-7358 (over) • PUBLIC WORKS -473-7359 Island Landowners February 15, 1983 Page 2 2. If the Record Lot information is complete, please sign, have notarized and return the white Variance Resolution. State law requires that all zoning variances be recorded with the County Recorder in resolution form. Returning this resolution is optional, but if you choose not to do so, you may be required to pay a fee and file a formal variance application in the future if you ever plan to do any building on the property. There is no fee for having this automatic variance recorded at this time. 3. If your Record Lot consists of two or more separate tax parcels, a green form for requesting a combined assessment is enclosed. Please sign and return this to tbe City to allow your tax records to be changed into one parcel consistent with the zoning and to assure the most favorable tax rate possible. 4. A conditional use permit issued by the City Council is required for certain land uses in the is District, including the following residential uses: a) If you use or have used your cabin FOR MORE THAN 180 DAYS/YEAR. b) If you have MORE THAN ONE CABIN on your property. Refer to the enclosed yellow sheet for a definition of these uses including a description of when a special permit is or is not required If you wish to apply for a permit, mark the yellow page and return it to the City. We will send you the appropriate application form by return mail. A postage-paid envelope is enclosed for your use in returning the above forms to the City. If you have any questions about this, please call Alan Olson or Jeanne Mabusth at 473-7357. On behalf of the City Council and Planning Commission, I want to take this opportunity to thank each and everyone of you whose interest and participation this past year has helped so much in the completion of this planning process. I have certainly enjoyed meeting all of you and learning so much about your island. I hope this last step can be kept as simple as possible so that your property rights can be correctly recorded for your future benefit. s;;;;:::~--/~:U-1. 01 son .City Planner Enclosures 9 April 2014 Suncrest Builders/Wausau Homes Attn: Grant Johnson 5159 Main St Box 382 Maple Plain, MN 55359 SUBJECT: Zoning Application #14-3658 Council Exhibit G CITY OF ORONO Street Address: I Mailing Address: I Telephone (952) 249-4600 2750 Kelley Parkway P.O. Box 66 Fax (952) 249-4616 Orono, MN 55356 Crystal Bay, MN 55323 www.ci.orono.mn.us On February 24, 2014 your application for a variance and CUP for 440 Big Island was considered to be complete. Your application was heard by the Planning Commission on their March 1th agenda and will appear before the City Council on April 14, 2014. The current deadline for City action on your application based on the application completion date is April 24, 2014. The City is extending the time period for City action on application #14-3648 under Minn. Stat. § 15.99, subd. 3(f). Please note the time period for action on this application is hereby extended until June 24, 2014. Your application is scheduled to be before the Orono City Council for their initial review on Monday, April 14, 2014 as planned. Please contact me at 952.249.4627 or mcurtis@ci.orono.mn.us if you have questions on this matter. Sincerely, CITY OF ORONO fl:jlfi ()(;(;fr Melanie Curtis Planning & Zoning Coordinator MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, March 17, 2014 6:30 o'clock p.m. it noted a fire pit would need to be located further off the property line. Land graver state · s the only issue that bothers him and thatthe massing near the lakeshor . see an issue with that when1i¢~i~atli,'!'llllol:c,nPrhi Council Exhibit H over to the neighbor's Lemke mov , chwingler seconded, to recommend ap;r~~!;\,~~pplication No. 657, Revision, LLC, o e alf of Lucas and Elizabeth Detor, 1065 FerndaleR-0ad '\Yest, granting of a la ore setback variance. VOTE: Ayes 6, Nays Q. 5. #14-3658 SUNCREST BUILDERS-,W;4Y$AU1l~~S, ON'lf.~iF OF JOHN AND ALICE REIMANN, 440 BIG ISLAND, V ARIA'.NCEANDCONDITIONAL USE PERMIT, 7:34 ,,_;· ··;·,, :" ;C;,, ". : '" . : •. '."':,;.:, ·., P.M. -8:07 P.M. Grant Johnson, Suncrest Builders, wa~ present. :/-j• •._., ·:·< Curtis stated in August of 2013, th~s;iJect propertyWas.iny<ll¥~djn a lot line rearrangement to combine three nonconforming Big Islandre~rd lots into two·re~otdlotS:;}The property currently contains a 700 square foot seasonal cabin. Tl:ieprt>p'rty owner wishes to construct a new 2,400 square foot seasonal cabin while maintaining the exisf!~i:tO~l~quare foot cabin as a guest cabin. Guest cabins are a permitted accessory use on BJgJsland, but a gii~~;ca~it,i which exceeds 600 square feet requires a conditional use permit. Since tJI~prii,erty oj~/Jishes to keep t~)~~sting 700 square foot guest cabin, a lot area variance is reql)p-edin order to construcfthe tl~'\V seasonal cabin. In addition, it appears the open porch portion of the p~oposed cabin extends into theav~~e lakeshore setback area and therefore an average lakeshore se1:backva,.riance is also required.> ' ,'./ '·.·•,,,.:::··: ·,.. .·.,· T~:l')tJi.re:a\and;\Vidth variances grarite~ to the record lots on big Island formalized the existence of propertieswhi~hclidnot conform .... to.•.:the area and width standards of the RS-Seasonal Recreational District. Tneffec9rq.]~t status offered assurances to the property owners that their properties could be developed withou,f:varianc:esJor uses considered to be a basic right of ownership on Big Island. Not all property owners to6fa<,i.ya:ntage of the record lot variance process. The record lot variance, however, did not allow for an intensffifa1.tion of the use of the property without further City review. The applicant's request to construct a new seasonal cabin on a property less than 5.0 acres is reasonable and fits within the parameters of the allowed uses outlined in the record lot resolution. The need for the lot area variance is due to the applicant's desire to keep the existing cabin and convert it to a guest cabin. The proposed hardcover and structural coverage levels are below what is permitted. It does not appear the proposed seasonal cabin will increase the feel of structural massing on the property to any level of significance. The RS District setbacks, bluff setbacks, and lakeshore setbacks will be met with the Page 14 of 26 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, March 17, 2014 6:30 o'clock p.m. exception of the average lakeshore setback. The proposed open porch is shown to be located within the average lakeshore setback and a variance will be necessary. Staff finds the applicant's request for a conditional use permit and lot area variance is reasonable. The subject property is heavily wooded and elevated above lake leveia.Jl>l(roximalely 30 to 40 feet making visibility of the new seasonal cabin difficult when viewed from the lak:e~ :A.II required setbacks and zoning standards can be met. However, Staff questions t~~p.eedtograntanJverage lakeshore setback variance. The seasonal cabin can be reoriented slightlyiqltieet the $etba.c-k :orrepesigned if necessary. By code, conditionally permitted uses must be Staff recommends the following: ;.•, /,;, 1. Approval of the lot area variance permitting constnictiofI~:f#n~W:~:100 square foot seasonal cabin on a substandard record lot. The apprnyal shall be subje,o:t;~~:~trtstadherence to all , applicable environmental codes relating to'septjctreatrnent and wat~f§µpply as well as all building and zoning codes. ·· · · ··· ··· · ····· · ·· 2. Approval of the conditional use pe~~tto allow:rnaint~n~~~Hf!~e guest cabin which exceeds 600 square feet. The existing pluml>iq'g and kitchen facilitiesJnµst be removed from the guest cabin. · · · ·• .• >/< >· . '.>> .:·, 3. Denial of the average lakesho:rf setback vari~~~~forthe>prbposed seasonal cabin to extend into the average lakeshore setback. · ·· ··· · ·· Lemke asked why the existing pffunl:>fugand kitchen facilities must be removed from the guest cabin. ' \":'.(;t:•.· , Curtis indi?~ted that~ a requirement icitW~J~e Code and that a seasonal guest cabin on Big Island is for sleeping,qJlly,and J;Iotipdepen(lent dwellings:'. ,·;· , ' . •·.,,, ··;·•' ', ·•, ' ... : ·/ .. ·;: .,:-:..! Sch,win.glet noted they could reni i~wt. Curtis.sta.ted it would also add ad~~I:imtl septic requirements for bedrooms. Staff is still working through the subject approvals but Staff is ~91;1:Jident they will be compliant. The City's septic inspector is currentlyrevi~Wwg the applicantspr◊posal. ,;::··:· :'.:;;-,::>:,··.:··:'.' .·.··\.'./'. ,,, Lemke asked~ll,~th~r th()se ~qt()Oms would count if the plumbing is removed . . :--·;;,··::. ; ·.:·:,-:>>.·;·:,j';,'•;:· Curtis indicated th~y iJJt<l.ifot: Grant Johnson, Suncrest Builders, stated they generally agree with what Staff is recommending. Johnson stated they did have some questions about the removal of the plumbing. The current septic system was designed for a four-bedroom facility and the new structure will have three bedrooms with a loft area. The guest cabin is a one-bedroom facility. Johnson stated the question is if one of the bedrooms is removed out of the proposed structure, whether the plumbing can remain in the one-bedroom guest cabin. Curtis stated that would need to be specifically included in any approvals since it would be contrary to what the Code would allow regardless of the number of bedrooms. Page 15 of 26 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, March 17, 2014 6:30 o'clock p.m. Johnson noted they are also proposing to remove the roof off of the existing deck on the lake side. Chair Leskinen opened the public hearing at 7:42 p.m. There were no public comments relating to this application. Chair Leskinen closed the public hearing at 7:42 p.m./' Leskinen asked if there is only one structure on the prJperfy at the t,r~~ent Curtis indicated there is. Leskinen asked if the requirement to remove plumbing inth~t;b'.ii1l~r'.6~cau~e it would be an accessory structure once the new structure is constructed. · · · · · · .. ··:·,. ·. ' '. i·<\ Curtis stated on Big Island, the Code allows sof,l'leon~t<> ~iy~. ~µest quarters:JJa~es not relate to septic requirements. Leskinen asked if it is different than the mai~lfilid . . ,,,;::.:· ,\.\;· ··.,"'· :;: .... :, .. ;:, >.·.,.,,, Curtis indicated it is since a person;Jin>i:\e ~ainlandwould be all6ae~to have a toilet and a sink in an outbuilding. · · · · · )\::·:;-;:;,;}· · .. ·::· ·.:·'·/::<fi Berg asked if they go with thre~ beilt~~ms versus four bedtMms whether that would allow them to keep the kitchen. Curtis stateg:jtwouldnpt. surtis noted~~pti~isa completely separate issue and the plumbing is a zoning issue inthisapP:lication; 9µftjs>Jpdicatedretentio11:ofthe plumbing facilities is something the Planning Commission.can.discussaJ;lda,ppiove with conditions if necessary. . . . Sch\:vingler asked if the applican,tisasking for the plumbing to remain. Cq:rij~ lll4icated it is her understatidingthat he is . . · . '. >,, . '··,.: Lemke a~ke;~ifthe basement-vvouldcount as a story. Lemke noted Staffs report says that the structure cannot be morethan two and1'1.h.tl(stories. Curtis indicated she has notilQrie an analysis on that but that the applicant would not be allowed to exceed the City's height requirements. Curtis stated it appears that a considerable amount of the structure will be the ground based on the survey. Lemke noted it says no structure shall exceed two and a half stories and shall not exceed 30 feet. Lemke asked if it would be considered three stories. Curtis stated it is her belief the basement in this situation would be considered a basement and not a story. Curtis indicated Staff will conduct that analysis and that the perimeter of the full basement would be what Page 16 of 26 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, March 17, 2014 6:30 o'clock p.m. would be used in that analysis. Anything over 50 percent of that would need to meet the City's definition of a story. Curtis noted the applicant is not looking for a variance from that at this time. Land graver asked if the removal of the roof on the porch would setback. Curtis stated it would not. the fact that it still extends into the Landgraver asked if there are neighboring propertiesJhatwould l>eitµ'pact~; Curtis stated there is a cabin on each of the adjoining setback line. Curtis stated it is her belief this cabin will porch, deck, carousel or other structure will not be blocking but it is a setback requirement that needs to be addressed. ·\3/ii~h deteJin~iihej~~~e,lakeshore ,:Yvisible, and that.tbe:i6clusion of the aii~vi~w from the neighboring properties Curtis displayed an aerial property of the subject pr()gertylllld two adjoih~~foj?erties. Curtis noted there is a significant amount of vegetation be~,~ntpejit9~tl:}~s. Curtis state<fthe elevation of the grade also drops down and that the south side oftb~ijplicant'shomei~!ocated on the high point of the property and then it drops down on either side! · Lemke asked if the house could be moved hick ten feef Curtis stated Staff is suggesting thatb~0that~he buil~(yvt}uld nJ~ to speak to the topography of the land and whether that would impact theifp(ans. . . . . ,.:s;'.~ <, John Reimann, 21957 Minneto~i;'B~~l~yard, Greenwood, stated they are attempting to minimize the impact on the lap.dand any excavattonth9-twould be required. Leskinen askedc;ifth~reia: a clearing wherl{be 11,ew home could be pushed back into. :; .. ·.; ·/\i. ·.~'_···'::, •,•. ,: ". .'· ..... Reimallil,~ted thtioti~~erywoqded and that~ey ~re placing the home in the clearing that currently exiS:1;£/,Reimann indicatedt~ereisanumber orbeautiful maple trees located on the property. fam~~d;er asked if he would ~~~enable to excavating a little bit more to locate the house further back which would eliminate the need fof,i.:variance. ;; >·:'.".'. .·:,"/~;·/ . ;-. .. .,,,, Reimannstatedtney :»1ould be, butthat he does not really understand what is meant by an average setback. Reimallfinoted thecut:tettthouse has existed in that location since approximately 1957 and that they would liketobe;al)Jet~)cappreciate the lake without the cabin being in the way. Reimann indicated given the elevation oftl:re.J<>,1:, a person cannot see the water until they are right up to the shore. Reimann stated they would like tcltp,lpimize any disruption to the land as much as possible but that they would be willing to do whatever needs to be done. Leskinen stated she appreciates the applicant not wanting to further disrupt the land and the trees. Le skin en stated with the roof of the deck being removed, it would be less impactful, but that she is not sure if the desire for minimal disruption of the land is enough of a practical difficulty for an average lakeshore variance. Leskinen indicated she is more inclined to be okay with it under these circumstances but that she is open to other thoughts on the matter. Page 17 of 26 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, March 17, 2014 6:30 o'clock p.m. Schoenzeit stated in his view less disruption would be better and that the variance would be unique to this property. Landgraver asked if the house to the south is in a different orientation. Curtis indicated it is. Landgraver asked if the house to the north is almost par~lekwith Curtis indicated it is. Leskinen commented the average lakeshore setback line>is ..,µcµ;1-.,µc1 5,·µ,,g on an islandwjth aJakeshore that curves. '.:',,· '<·<-;\;. Landgraver noted this is new development, and ifther~ is an opportutiitytt{dojt correctly, the Planning Commission should not dismiss it that quickly. ···· · · · · · , .. ·.··'·." ", ;'. Schwingler stated not having the variance wq;ul.p Be prefe4f{611tthat he understands the desire to retain the trees. ·. · · · · ::/_,'\'·.:: '::·::,;,,,·;·::: ""· :--?.//· :..:.ii",";'i.'.·\ :,,,: Lemke stated it appears from the tree ~urveythatthey~~uld o:i{t.t~i,rupting one 8-inch tree to move the house further back. ·· · ·· · · · , ; '';•,• ;,'-, ,m,•, Schwingler stated given that, hewotildlean more toward4en.ialofthe average lakeshore setback variance provided the tree survey is con;~ct. Curtis stated the .. SllfVyy does depictthetrees, Schoenzeifas~edif th,~J~tu4~yi;;. esseniially ~tr~t. ',·· .. ,;,;,;·,<<;;; .. ·;,",'' .,· •.; Johnson&uit~d there are 0i rii1111Biriof trees that ~rl;maller than what is required to be placed on a survey but:that ifis essentially correct. ·• · ',',' ·,", .·' '•,'",, Ber~a*e?i!f,the deck would be located within the 0-75 foot zone. Curtis statiathe;ntii:e back part;of:the deck would be within the 0-75-foot zone as well as a portion of the screen porch. ... •.. . . . .. ~ ·,·.--·:·, "'' _;;·.;,;,,/:,,·;.; Berg stated if it is m~ita tii.;lfthree to five feet, it would not be in the average lakeshore setback. Berg asked if the applicant wou.ld be impacted by moving the structure back three to five feet to eliminate the need for the average lakeshore setback variance. Johnson stated he is not sure whether that would impact them and noted the majority of the screen porch is outside the average lakeshore setback but the deck is not. Johnson pointed out the location of the screen porch and that a little corner of it would fall into that setback. Lemke noted the deck encroaches into the setback. Page 18 of 26 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, March 17, 2014 6:30 o'clock p.m. Johnson stated in the discussions he has had with the property owners, it appears the further back the house is located, the more impact the cabin would have on the view. Lemke stated the deck is six feet wide and would need to be mov~d five to six feet. Johnson stated they would not be blocking any views from the one direef · and that if the house on the neighboring property gets rebuilt, it would be oriented a dif(eren.t way; on stated it would not be a desirable line of sight if that house faces this property,J~$pecially give,11 tn¢tie~s, Landgraver stated the Planning Commission is struggligwi,th ~heth~;th:~trti~f~'.is~9uldbelocated behind the average setback line. · · · · .· · · · Johnson stated it can be done but that it is a preference on.ih{t~~;eftyi()wners' pa~t:focate it there. ,,, ,,., · <.,:;,;·,,,, •. ,·i::, I".: Landgraver asked if the practical difficulty is the vie";'. pf the old ~c1.~~~t1d t}ietopography of the land. ', '/\? Johnson indicated it is and would result in onetit}f.n;;t·· t~:~f removed.ifthehouse is pushed further back. Johnson stated there is a small changedn. tlie•ele\i . ~j,tli~ fades, which would not be much of an issue if the structure is moved further ba9k, ijut that pru.t'cift}ie, ¢h~Hep~e is also providing access for equipment. · · · ·· · ·· Leskinen asked if the Planning CoQ1I1:\ission is okaywitlj the cot}ditional use permit. •:i,< :'.> .\'.i' ; Gaffron noted the Big Island Code w,$,~dopted backm:1:9~39r'i984 and that this is the first time a question has come up regarding ph.mibing in a guest cabin on Big Island. The Code talks about guest cabins as a conditional use wherr:theyha:ve indoor toilet and/or kitchen facilities. The provision that would need to be II1etjs that it hast<> ~f£(}11ll,~cted. The other provision has to do with the size of the building. .9'':lfffotUn.djeat~ he would rafJJt,Hf:t\the City Attorney look at this prior to the plumbing being removedfrpi;t1 1the gu~stnQt1sesince it app~s the~qde may be in conflict with itself. ::: .. ·.·,•;; y . ·< . . .•>.. ·:>;; :',;·.·J/:: . .,.·) Letllk~ a;'ed what options the Pl.g Com;f~sion has on this application. , , ,... ' .,._, .. ,,.,, ,· ,,,:,q,v:, Leskiileilstated the Planning Coiptnission could approve the application, deny it, or ask if the applicants wotddli¥c,tr;:itable it to allow thetn:J<:>redesign/relocate the structure. Leskinen stated she does not see any strongr¢~9n to table it. Schoenzeit mo:ved,B~rg s~on~"d; to recommend approval of Application No. 14-3658, Suncrest Builders-WausauHomes on be.half of John and Alice Reimann, 440 Big Island, granting of a lot area variance and a ¢(j•~ino,al use permit for a guest cabin which exceeds 600 square feet, and to deny the request for anaverage lakeshore setback variance for a portion of the proposed seasonal cabin to extend into the average lakeshore setback, with the recommendation that the subject building be located behind the average lakeshore setback, subject to a review by the City Attorney on the plumbing requirements for the guest cabin, and subject to Staff's recommendations. VOTE: Ayes 6, Nays O. Page 19 of 26 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, March 17, 2014 6:30 o'clock p.m. it would need to be located further off the property line . Landgraver stated that is the only massing near the lakeshore. an issue with that when he walked the property . Lemke mo , chwingler seconded, to recommend approval of Application No. 14-365 1s10n, behalf of Lucas and Elizabeth Detor, 1065 Ferndale Road West, granting of an average eshore setback variance. VOTE: Ayes 6, Nays 0. 5. #14-3658 SUNCREST BUILDERS-WAUSAU HOMES, ON BEHALF O JO AND ALICE REIMANN, 440 BIG ISLAND, VARIANCE AND CONDITIONAL USE PERMIT, 7:34 ~. -8:07 P.M. Grant Johnson, Suncrest Builders, was present. Curtis stated in August of 2013, the subject property was involved in a lot line rearrangement to combine three nonconforming Big Island record lots into two record lots . The property currently contains a 700 square foot seasonal cabin. The property owner wishes to construct a new 2,400 square foot seasonal cabin while maintaining the existing 700 square foot cabin as a guest cabin. Guest cabins are a permitted accessory use on Big Island, but a guest cabin which exceeds 600 square feet requires a conditional use permit. Since the property owner wishes to keep the existing 700 square foot guest cabin , a lot area variance is required in order to construct the new seasonal cabin. In addition, it appears the open porch portion of the proposed cabin extends into the average lakeshore setback area and therefore an average lakeshore setback variance is also required . The lot area and width variances granted to the record lots on big Island formalized the existence of properties which did not conform to the area and width standards of the RS-Seasonal Recreational District . The record lot status offered assurances to the property owners that their properties could be developed without variances for uses considered to be a basic right of ownership on Big Island . Not all property owners took advantage of the record lot variance process. The record lot variance , however, did not allow for an intensification of the use of the property without further City review . The applicant 's request to construct a new seasonal cabin on a property less than 5.0 acres is reasonable and fits within the parameters of the allowed uses outlined in the record lot resolution. The need for the lot area variance is due to the applicant's desire to keep the existing cabin and convert it to a guest cabin. The proposed hardcover and structural coverage levels are below what is permitted. It does not appear the proposed seasonal cabin will increase the feel of structural massing on the property to any level of significance . The RS District setbacks, bluff setbacks , and lakeshore setbacks will be met with the Page 14 of 26 / MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, March 17, 2014 6:30 o'clock p.m. exception of the_ average lakeshore setback. The proposed open porch is shown to be lo(?ated ·within the average lakeshore setback and a variance will be necessary. ·· ,, ...... Staff finds the applicant's request for a conditional use permit and Jot area variance is reasonable. The subject property is heavily wooded and.elevated above lakeJevefil:pproximately 30 to 40 feet making visibility of the new seasonal cabin diffic'ult.vyhen vtewed-·from the lake. All required setbacks and zoning standards can be met. However, Staff questions the need to grant an average lakeshore setback variance. The seasonal cabin can be re9riented slightly to.meet the setback or redesigned if necessary. ~ -·,,. By code, conditionally ~epnitted uses must be reviewed using the crite1j~ found in Section 78-916. Staff recOmlJ).endsthe following: ·L Approval of the lot area variance permitting construction of a new 2,400 square foot seasonal cabin on a substandard record lot. The approval shall be subject to strict adherence to all '·~-.. ,, applicable environmental codes relating to septic treatment and water supply as well as all building and zoning codes. 2. Approval of the conditional use permit to allow maintenance of the guest cabin which exceeds 600 square feet. The existing plumbing and kitchen facilities must be removed from the guest cabin. 3. Denial of the average lake shore setback variance for the proposed seasonal cabin to extend into the average lakeshore setback. Lemke asked why the existing plumbing and kitchen facilities must be removed from the guest cabin. Curtis indicated that is a requirement within the Code and that a seasonal guest cabin on Big Island is for sleeping only and not independent dwellings. Schwingler noted they could rent it out. Curtis stated it would also add additional septic requirements for bedrooms. Staff is still working through the subject approvals but Staff is confident they will be compliant. The City's septic inspector is currently reviewing the applicant's proposal. Lemke asked whether those bedrooms would count if the plumbing is removed. Curtis indicated they would not. Grant Johnson, Sun crest Builders, stated they generally agree with what Staff is recommending. Johnson stated they did have some questions about the removal of the plumbing. The current septic system was designed for a four-bedroom facility and the new structure will have three bedrooms with a loft area. The guest cabin is a one-bedroom facility. Johnson stated the question is if one of the bedrooms is removed out of the proposed structure, whether the plumbing can remain in the one-bedroom guest cabin. Curtis stated that would need to be specifically included in any approvals since it would be contrary to what the Code would allow regardless of the number of bedrooms. Page 15 of 26 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, March 17, 2014 6:30 o'clock p.m. Johnson noted they are also proposing to remove the roof off of the existing deck on the lake side. Chair Leskinen opened the public hearing at 7:42 p .m. There were no public comments relating to this application. Chair Leskinen closed the public hearing at 7:42 p.m. Leskinen asked if there is only one structure on the property at the present time. Curtis indicated there is. Leskinen asked if the requirement to remove plumbing in the cabin is because it would be an accessory structure once the new structure is constructed. Curtis stated on Big Island , the Code allows someone to have guest quarters and does not relate to septic requirements. Leskinen asked if it is different than the main land . Curtis indicated it is since a person on the main land would be allowed to have a toilet and a sink in an outbuilding. Berg asked if they go with three bedrooms versus four bedrooms whether that would allow them to keep the kitchen. Curtis stated it would not. Curtis noted septic is a completely separate issue and the plumbing is a zoning issue in this application. Curtis indicated retention of the plumbing facilities is something the Planning Commission can discuss and approve with conditions if necessary . Schwingler asked if the applicant is asking for the plumbing to remain. Curtis indicated it is her understanding that he is. Lemke asked if the basement would count as a story . Lemke noted Staffs report says that the structure cannot be more than two and a half sto ries . Curtis indicated she has not done an analysis on that but that the applicant would not be allowed to exceed the C ity's height requirements . Curtis stated it appears that a considerable amount of the structure will be the gro und based on the survey. Lemke noted it says no structure shall exceed two and a half stories and shall not exceed 30 feet. Lemke asked if it would be considered three stories. Curtis stated it is her belief the basement in this situation would be considered a basement and not a story . Curtis indicated Staff will conduct that analysis and that the perimeter of the full basement would be what Page 16 of 26 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, March 17, 2014 6:30 o'clock p.m. would be used in that analysis. Anything over 50 percent of that would need to meet the City's definition of a story. Curtis noted the applicant is not looking for a variance from that at this time. Land graver asked if the removal of the roof on the porch would alter the fact that it still extends into the setback. Curtis stated it would riot. Landgraver asked if there are neighboring properties that would be impacted. Curtis stated there is a cabin on each of the adjoining properties which determines the average lakeshore setback line. Curtis stated it is her belief this cabin will not be very visible, and that the inclusion of the porch, deck, carousel or other structure will not be blocking the lake view from the neighboring properties but it is a setback requirement that needs to be addressed. Curtis displayed an aerial property of the subject property and two adjoining properties. Curtis noted there is a significant amount of vegetation between the properties. Curtis stated the elevation of the grade also drops down and that the south side of the applicant's home is located on the high point of the property and then it drops down on either side. Lemke asked if the house could be moved back ten feet. Curtis stated Staff is suggesting that but that the builder would need to speak to the topography of the land and whether that would impact their plans. John Reimann, 21957 Minnetonka Boulevard, Greenwood, stated they are attempting to minimize the impact on the land and any excavation that would be required. Leskinen asked if there is a clearing where the new home could be pushed back into. Reimann stated the lot is very wooded and that they are placing the home in the clearing that currently exists. Reimann indicated there is a number of beautiful maple trees located on the property. Landgraver asked ifhe would be amenable to excavating a little bit more to locate the house further back which would eliminate the need for a variance. Reimann stated they would be, but that he does not really understand what is meant by an average setback. Reimann noted the current house has existed in that location since approximately 1957 and that they would like to be able to appreciate the lake without the cabin being in the way. Reimann indicated given the elevation of the lot, a person cannot see the water until they are right up to the shore. Reimann stated they would like to minimize any disruption to the land as much as possible but that they would be willing to do whatever needs to be done. Leskinen stated she appreciates the applicant not wanting to further disrupt the land and the trees. Leskinen stated with the roof of the deck being removed, it would be less impactful, but that she is not sure if the desire for minimal disruption of the land is enough of a practical difficulty for an averag~ lakeshore variance. Leskinen indicated she is more inclined to be okay with it under these circumstances but that she is open to other thoughts on the matter. Page 17 of 26 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, March 17, 2014 6:30 o'clock p.m. Schoenzeit stated in his view less disruption would be better and that the variance would be unique to this property . Land graver asked if the house to the south is in a different orientation . Curtis indicated it is . Land graver asked if the house to the north is almost parallel with this house. Curtis indicated it is. Leskinen commented the average lakeshore setback line is challenging on an island with a lakeshore that curves . Landgraver noted this is new development, and if there is an opportunity to do it correctly , the Planning Commission should not dismiss it that quickly. Schwingler stated not having the variance would be preferred but that he understands the desire to retain the trees . Lemke stated it appears from the tree survey that they would only be disrupting one 8-inch tree to move the hou se further back. Schwingler stated given that, he would lean more toward denial of the average lakeshore setback variance provided the tree survey is correct. Curtis stated the survey does depict the trees. Schoenzeit asked if the survey is essentially correct. Johnson stated there are a number of trees that are smaller than what is required to be placed on a survey but that it is essentially correct. Berg asked if the deck would be located within the 0-75 foot zone. Curtis stated the entire back part of the deck would be within the 0-75-foot zone as well as a portion of the screen porch . Berg stated if it is moved back three to five feet , it would not be in the average lakeshore setback. Berg asked if the applicant would be impacted by moving the structure back three to five feet to eliminate the · need for the average lakeshore setback variance . Johnson stated he is not sure whether that would impact them and noted the majority of the screen porch is outside the average lakeshore setback but the deck is not. Johnson pointed out the location of the screen porch and that a little comer of it would fall into that setback. r ,- J , I . / Lemke noted the d~k encroach e,s mto the setback . . . ) I . .) r .,, Page 18 of 26 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, March 17, 2014 6:30 o'clock p.m. Johnson stated in the discussions he has had with the property owners, it appears the further back the house is located, the more impact the cabin would have on the view. Lemke stated the deck is six feet wide and would need to be moved five to six feet. Johnson stated they would not be blocking any views from the one direction, and that if the-house on the neig11boring property gets rebuilt, it would be oriented a different way. Johnson stated it would not be a desirable line of sight if that house faces this property, especially given the trees. Landgraver stated the Planning Commission is struggling with whether the structure should be located behind the average setback line. Johnson stated it can be done but that it is a preference on the property owners' part to locate it there. Landgraver asked if the practical difficulty is the view of the old cabin and the topography of the land. Johnson indicated it is and would result in one tree needing to be removed if the house is pushed further back. Johnson stated there is a small change in the elevation of the grades, which would not be much of an issue if the structure is moved further back, but that part of the challenge is also providing access for equipment. Leskinen asked if the Planning Commission is okay with the conditional use pennit. Gaffron noted the Big Island Code was adopted back in 1983 or 1984 and that this is the first time a question has come up regarding plumbing in a guest cabin on Big Island. The Code talks about guest cabins as a conditional use when they have indoor toilet and/or kitchen facilities. The provision that would need to be met is thatit has to be connected. The other provision has to do with the size of the building. Gaffron indic1:1ted he would rather let the City Attorney look at this prior to the plumbing being removed from the guest house since it appears the code may be in conflict with itself. Lemke asked what options the Planning Commission has on this application. Leskinen stated the Planning Commission could approve the application, deny it, or ask if the applicants would like to table it to allow them to redesign/relocate the structure. Leskinen stated she does not see any strong reason to table it. Schoenzeit moved, Berg seconded, to recommend approval of Application No. 14-3658, Suncrest Builders-Wausau Homes on behalf of John and Alice Reimann, 440 Big Island, granting of a lot area variance and a conditional use permit for a guest cabin which exceeds 600 square feet, and to deny the request for an average lakeshore setback variance for a portion of the proposed seasonal cabin to extend into the average lakeshore setback, with the recommendation that the subject building be located behind the average lakeshore setback, subject to a review by the City Attorney on the plumbing requirements for the guest cabin, and subject to Staff's recommendations. VOTE: Ayes 6, Nays 0. Page 19 of 26 Jesse Struve From: Sent: To: Cc: Jesse Struve Friday, April 04, 2014 11 :23 AM Melanie Curtis Christine Mattson Subject: 20140404 440 Big Island #14-3658 Melanie, I have reviewed the proposed survey for the new house at 440 Big Island and have the following concerns: 1. Are there any existing stairs to the lake? Are they planning on adding/ replacing stairs? Any existing stairs should be shown on the survey . 2. The proposed grading extends into the 0-75' zone. Jesse Struve, PE Director of Public Works/ City Engineer City of Orono {952} 249-4661 -Direct {952) 249-4616 -Fax www.ci.orono .mn.us 1 MEMORANDUM DATE: 2 April 2014 TO: Jesse Struve, City Engineer FROM: Melanie Curtis, Planning & Zoning Coordinator RE: Land Use Application # 14-3658 Please review the enclosed, updated information for a CUP and variance for 440 Big Island and provide written comments by April 9th to be included in the packet for the April Planning Commission meeting. The applicant revised the plans to meet the staff and PC direction to get the house out of the average lakeshore setback. Also attached are your comments from February. The house plans remain the same with the exception of a larger lakeside deck and the roof over the lakeside deck will be removed. Please let me know if you need additional information or if you have any questions on the attached information. Thank you, City of Orono Hardcover Calculation Worksheet Property Address: 430 Big Island (our survey 140044) Prepared by: James H. Parker P.E. & P.L.S. No. 9235 Date: 3/26/2014 Stormwater Quality Overlay District Tier: (Circle one) Tier 1 Tier 2 Tier 3 Tier 4 Tier 5 Step 1: EXISTING HARDCOVER In the following table identify fill items of existing hardcover on the property, keyed by letter to Certificate of Survey (survey must accompany this form). Use as many lines as necessary to accurately depict existing hardcover status of the property. Key to Hardcover Item (Describe) Survey (Example) {Garage) A Cabin B Existing Deck C Shed D Water Tower E Pump House F G H I J K L M N 0 p Q R s T u V w X y L (1) Total Existing Hardcover Excludable Hardcover (See Citv Code Sec 78-1684) {2) Total Excludable Hardcover (3) Net Existing Hardcover (4) Total Lot Area Existing Hardcover Percentage [(3} / (4)] Length x Width (24' X 30') Total (Square Feet) (720) S.F. 701 S.F. 188 S.F. 115 S.F. 12 S.F. 49 S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. ~.I-. 1065 S.F. S.F. S.F. S.F. S.F. S.F. 0 S.F. 1065 S.F. 68 612 S.F. 1.55% RECEIVED t\DP -? 2014 CITY OF ORONO AlJVANL'b' SURVb'YJN<i & b'N<ilNb'blUN<i L'U. I hereby certify that this report was prepared by me or under my direct supervision and that I am a licensed professional engineer and a professional land surveyor under the laws of the State of Minnesota. James H. Parker P.E. & P.L.S. No. 9235 Step 2: PROPOSED HARDCOVER In the following table identify .fill items of existing hardcover on the property, keyed by letter to Certificate of Survey (survey must accompany this form). Use as many lines as necessary to accurately depict existing hardcover status of the property. Key to Hardcover Item (Describe) length x Width Total (Square Feet) Survey (Example) (Garae:el A Existing Cabin B Existing Deck C Shed D Water Tower E Pump House F Proposed Cabin G Proposed Decks H I J K L M N 0 p Q R s T u V w X V L 1 (1) Total Proposed Hardcover Excludable Hardcover (See Citv Code Sec 78-1684\ (2) Total Excludable Hardcover (3) Net Proposed Hardcover [Subtract line (2) from line (1)) {4) Total Lot Area Proposed Hardcover Percentage [(3) / (4)) (24' X 30') (720) S.F. 701 S.F. 188 S.F. 115 S.F. 12 S.F. 49 S.F. 1785 S.F. 733 S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.1-. 3 583 S.F. S.F. S.F. S.F. S.F. S.F. 0 S.F. 3 583 S.F. 68 612 S.F. 5.22% RECEIVED APR -2 20 CITY OF ORONO CITY OF ORONO 2750 Kelley Parkway PO Box66 NOTICE OF PLANNING COMMISSION ACTION ZONING FILE: 14-3658 Crystal Bay, MN 55323 952.249.4620 DATE OF NOTICE: 18 March 2014 TO: Suncrest Builders/Wausau Homes Attn: Grant Johnson 5159 Main St Box 382 Maple Plain, MN 55359 TYPE OF REQUEST: Variance & CUP DATE OF MEETING: March 17, 2014 COPIES Grant Johnson Via John & Alice Reimann email: The Orono Planning Commission voted on a motion to recommend approval as follows: 1. Approval of the lot area variance permitting construction of a new 2,400 square foot seasonal cabin on a substandard record lot; 2. Approval of the CUP to allow maintenance of the guest cabin which exceeds 600 square feet . (As discussed during the meeting, the status of the existing plumbing and kitchen facilities is to be determined); and 3. Denial of the average lakeshore setback variance for the proposed seasonal cabin (portions of the screen porch and covered porch) to extend into the average lakeshore setback. VOTE: 6 FOR 0 AGAINST Revised plans/survey reflect i ng conformance wit h the average lakeshore setback should be submitted by Friday, April 4th for consideration at the April 14th Council meeting. Applicant's next meeting is tentatively scheduled as: Monday, April 14, 2014 This is a City Council meeting. The meeting begins at 7 PM If you desire certified copies of the official Planning Commission minutes, they are available from the City Clerk after review and approval by the Planning Commission . If you have questions, please contact Planning & Zoning Coordinator, Melanie Curtis at mcurtis@ci.orono.mn.us or 952.249 .4627 916. 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. Staff detailed the CUP analysis within the staff report. If the Commission wishes we can discuss the CUP criteria tonight. Staff finds the applicant's request for a CUP and lot area variance to be reasonable . The subject property is heavily wooded and elevated above lake level approximately 30 to 40 feet making visibility of the new seasonal cabin difficult when viewed from the lake. All required setbacks and zoning standards can be met. However, the seasonal cabin should be reoriented slightly to meet the setback or redesigned if necessary. Staff Recommendation With respect to the request, Planning Staff recommends the following: 1. Approval of the lot area variance permitting construction of a new 2,400 square foot seasonal cabin on a substandard record lot. The approval shall be subject to strict adherence to all applicable environmental codes (relating to septic treatment and water supply), all building and all zoning codes . 2. Approval of the CUP to allow maintenance of the guest cabin which exceeds 600 square feet. The existing plumbing and kitchen facilities must be removed from the guest cabin. 3. Denial of the average lakeshore setback variance for the proposed seasonal cabin (covered porch) to extend into the average lakeshore setback. sch~~~ :f\oti£!1 -~ ll-f p~~ V!Jvv lfl r\ u_,,, 1 uU p KfO (}.~bl~ lVLmVloVC ~tbac)L V())t(Clh-{:£ -DcVl"f · ct ~Ob ~ remov a)_, of rvv 0J?1 i ~---0 fWf- CITY OF ORONO PO BOX 66 CRYSTAL BAY, MN 55323-0066 ''.'"cJc½±?i'//3,<JJ!"i"i ,!;-''"''" RETURN SERVICE REQUESTED #14-3658'-AR.SON 38 23-117:23 32 0037 GWENDOLYN S LARSON I 1431 CHISHOLM CIR NE UNITB BLAINE MN 55449 T 5 SE. RE TUR 1899C13CB884/82/14 SENDER TEMPORARILY AWAY KCIUKft i0 ~CNUCK · ····· E!C 5532::H:'H.Hii666 *01678-02771:l-iaZ-33 ! ! 1 \ ! 1 ! ! ! l ! i I ! 1 I l I l ! Ill I l ! I ! 111 l i ! ! j i l I ! JI ! I ! l 1 ! 1 \ 1 l I j ! 11 ti i I I 1 !! I I l AFFIDAVIT OF PUBLICATI01. STATE OF MINNESOTA ) COUNTY OF HENNEPJN , CA~\IER ) Charlene Vold bein g dul y sworn on an oath, states o r a ffirm s that they are the Authorized Agent of the newspaper(s) known as: The Laker, The Pioneer and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qu a lifica - tion as a qualified n ewspape r as provided by Minn. Stat. §33IA.02, §33 1A .07 , and other applicabl e laws as a m en ded. (B) This Public Notice was printed and pub- li shed in said new spaper(s) for 1 succes- sive issues ; the first in se rtion being on 03/01/2014 an d the last in sertion bein g on 03/0 1/2014 . Authorized Agent Subscribed a nd swo rn to or affirmed before me on 03/01/2014. Notary Public ~ /-~,, OAFlLENE MARIE MACPHERSON )?'VVWWW-.f\/\N\/V~i ! Notary Public-Minnesota i My Comm ission Expires Jan 31, 2019 Rate Informatio n : (1) Lowest class i fied rate paid by commercial users for comparable space: $15 .00 per column inch Ad ID 181927 CITY OF ORONO 2750 Kelley Parkway, P.O. Box66 Crystal Bay, MN 55323 Phone (952) 249-4600 Fax(952)249-4616 NOTICE The Orono Planning Commis- sion will hold a public hearing in the Orono Council Chambers at 2780 Kelley Parkway on Monday, March 17, 2014, beginning at 6:30 p .m . on the matter of reviewing the following land use applications and vacation requests : 13-3645 THN Enterprises, Inc., on behalf of Gary Briggs, 1905 Con- cordia Street, LR-1 C zoning district, requests a conditional use permit for land alteration within 75 feet of the OWHL of Lake Minnetonka in order to repair a failure of the lake- side slope. 14-3653 Peter Jarvis with Ston- ebrook Development, LLC on be- half of Stonebay Community Asso- ciation and Builders Development & Finance , 755, 757 , 759, 771 , 773 and 775 Bridgewater Drive, RPUD zoning district requests prel iminary and final plat approval in order to replat six building lots and a portion of common space resulting in five building lots. The request addition- ally includes vacation of the existing drainage and utility easement within Lot 18, Block 1, Stonebay Fourth Addition. 14-3655 Brian Butterfield on behalf of Joe & Donelle Feldmann , 805 Forest Arms Lane, LR-1 B zon- ing district requests an average lakeshore setback variance and a wetland buffer and wetland buffer setback variance in order to con- struct an in-ground pool , pool deck and retaining walls within the buffer, the 1 o· setback from the buffer (per City Codes}, and ahead of the aver- age lakeshore setback. Hardcover or structure is not permitted within the wetland buffer or the wetland buffer setback and the pool must be located behind the average lake- shore setback line as determined by the adjacent home to the south. 14-3656 Brian Nelson on behalf of Thomas Rangaard , 2765 Shady- wood Road, LR-1 B zoning district, requests after the fact conditional use permit approvals in order to conduct land alterations in excess of 10 cubic yards within 75' of the OHWL for rain gardens and elevat- ed patios; and an after the fact vari- ance in order to rearrange driveway/ sidewalk hardcover and construct two elevated patios in place of an existing porch and an existing deck within 75 ' of the OHWL where struc- ture or hardcover is normally not permitted . 14-3657Revision, LLC on behalf of Lucas & Elizabeth Deter, 1 065 Ferndale Road West, LR-1A zo ning d is trict requests an average lake- shore setback variance and a side yard setback variance in order to re- place the existing roo f with a higher pitched , taller roof on the exi sting home as well as construct a new lakeside deck and 3 season porch ahead of the average lakeshore set- back and within the required 30-foot s ide yard setback. 14-3658 Suncrest Builders- Wausau Homes on behalf of John & Alice Reimann, 440 Big Island , RS zoning district, . -:quests a con- ditional use permit and variance in order to construct a new 1780 s.f. seasonal cabin and retain the ex- isting ± 725 s.f. guest cabin on the property where 5 acres is required to allow a guest cabin and the guest cabin size limit is 600 s.f. All persons wishing to be heard are encouraged to attend these meetings. This is not a final agenda and is subject to change prior to the hearings . Written comments are accepted and should be submitted to the City of Orono by March 11, 2014 if possible. Interested persons may review the applications at City offices. For an appointment, please call (952) 249-4620. City of Orono By: Planning Commission Melanie Curtis Planning & Zoning Coordinator To be published in The Laker & The Pioneer Newspapers on March 1 , 2014. Posted at: Orono City Offices Crystal Bay Post Office Long Lake Post Office Navarre Post Office 3/1 /14, The Laker & The Pioneer, Land UseApps PHN, 181927 STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. ) CITY OF ORONO ) CERTIFICATE OF MAILING I, Monica Fadness, of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of #14-3658 was mailed to the attached list of property owners. In Witness Whereof, I have hereunto set my hand and seal this y!h day of March, 2014. ~q.~ MoicaA.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 Orono Planning Commission will hold a public hearing in the Orono Council Chambers at 2780 Kelley Parkway on Monday, March 17, 2014 , beginning at 6:30 p .m . on the matter of reviewing the following land use applications and vacation requests : 13-3645 14-3653 14-3655 14-3656 14-3657 14-3658 THN Enterprises , Inc., on behalf of Gary Briggs, 1905 Concordia Street , LR-1C zoning district, requests a conditional use permit for land alteration within 75 feet of the OWHL of Lake Minnetonka in order to repair a failure of the lakeside slope . Peter Jarvis with Stonebrook Development, LLC on behalf of Stonebay Community Association and Builders Development & Finance , 755, 757, 759, 771, 773 and 775 Bridgewater Drive, RPUD zoning district requests preliminary and final plat approval in order to replat six building lots and a portion of common space resulting in five building lots . The request additionally includes vacation of the existing drainage and utility easement withi_n Lot 18, Block 1, Stonebay Fourth Addition . Brian Butterfield on behalf of Joe & Donelle Feldmann , 805 Forest Arms Lane, LR-18 zoning district requests an average lakeshore setback variance and a wetland buffer and wetland buffer setback variance in order to construct an in-ground pool, pool deck and retaining walls within the buffer, the 1 O' setback from the buffer (per City Codes), and ahead of the average lakeshore setback. Hardcover or structure is not permitted within the wetland buffer or the wetland buffer setback and the pool must be located behind the average lakeshore setback line as determined by the adjacent home to the south . Brian Nelson on behalf of Thomas Rangaard , 2765 Shadywood Road , LR-18 zoning district, requests after the fact conditional use permit approvals in order to conduct land alterations in excess of 1 O cubic yards within 75 ' of the OHWL for rain gardens and elevated patios ; and an after the fact variance in order to rearrange driveway/sidewalk hardcover and construct two elevated patios i n place of an existing porch and an existing deck within 75' of the OHWL where structure or hardcover is normally not permitted . Revision , LLC on behalf of Lucas & Elizabeth Detor, 1065 Ferndale Road West, LR-1A zoning district requests an average lakeshore setback variance and a side yard setback variance in order to replace the existing roof with a higher pitched , taller roof on the existing home as well as construct a new lakeside deck and 3 season porch ahead of the average lakeshore setback and within the required 30-foot side yard setback. Suncrest Builders-Wausau Homes on behalf of John & Alice Reimann , 440 Big Island, RS zoning district, requests a conditional use permit and variance in order to construct a new 1780 s.f. seasonal cabin and retain the existing ± 725 s. f . guest cabin on the property where 5 acres is required to allow a guest cabin and the guest cabin size limit is 600 s.f. All persons wishing to be heard are encouraged to attend these meetings. This is not a final agenda and is subject to change prior to the hearings. Written comments are accepted and should be submitted to the City of Orono by March 11 , 2014 if possible . Interested persons may review the applications at City offices . Fo r an appointment, please call (952) 249-4620. City of Orono By: Planning Commission l~ Melanie Curtis Planning & Zoning Coordinator To be published in The Laker & The Pioneer Newspapers on March 1, 2014. Posted at: Orono City Offices Crystal Bay Post Office Long Lake Post Office Navarre Post Office 2 RUN DATE: 1/29/2014 38 22-117-23410003 NANCY L FARNES 460 BIG ISLAND NANCY L FARNES 2710 FOXGATE DR MINNETONKA MN 55305 38 23-117-23 320011 NANCY L FARNES 460 BIG ISLAND NANCY L FARNES 2710 FOXGATE DR MINNETONKA MN 55305 38 23-117-23 32 0039 D RAMSEY & D SARGEANT RAMSEY 350 BIG ISLAND D RAMSEY & D SERGEANT RAMSEY 8271 FOXBERRY CT SAVAGE MN 55378 38 23-117-23 32 0047 NANCY LEE FARNES 460 BIG ISLAND NANCY LEE FARNES 2710 FOXGATE DR MINNETONKA MN 55305 38 23-117-23 32 0057 BONNIE S MENJGO/ET AL SBJ/LE 390 BIG ISLAND SUSAN BAILEY 2700 HILLDALEAVE NE ST ANTHONY MN 55418 38 23-117-23 32 0061 BARBARA D GORMAN TRUSTEE 320 BIG ISLAND JOHNS DEAN 837 N 63RD ST WAUWATOSA WI 532 I 3 38 23-117-23 32 0075 MASSASOIT LLC 400 BIG ISLAND ELIZABETH ADAMS 8014 OLSON MEMORIAL HIGHWAY #213 GOLDEN VALLEY MN 55427 HENNEPIN JNTY PROPERTY INFORMATION SYSTEM (PROPERTY O. "RS LIST) 38 23-117-23 32 0002 NANCY L FARNES 460 BIG ISLAND NANCY L FARNES 2710 FOXGATE DR MINNETONKA MN 55305 38 23-117-23 320012 NANCY L FARNES 460 BIG ISLAND NANCY L FARNES 2710 FOXGATE DR MINNETONKA MN 55305 38 23-117-23 32 0044 CHRISTINA BRUNTJEN 38 ADDRESS UNASSIGNED CHRISTINA BRUNT JEN 2710 FOXGATE DR MINNETONKA MN 55305 38 23-117-23 32 0048 NANCY LEE FARNES 460 BIG ISLAND NANCY LEE FARNES 2710 FOXGATE DR MINNETONKA MN 55305 38 23-117-23 32 0058 JOHN H BURCH ET AL TRES 380 BIG ISLAND JOHN H & BARBARA A BURCH 3334 CHASE DR MINNETONKA MN 55305 38 23-117-23 32 0063 MICHAEL B FRUEN ET AL 420 BIG ISLAND MARY GALEN O'CONNOR 9905 10TH AVE N PLYMOUTH MN 55441 38 23-117-23 32 0077 GABRIELE JABBOUR 450 BIG ISLAND W OF MINNETONKA INC 220 TONKA BAY RD TONKA BAY MN 55331 RECE~VED FEB 1 9 2013 CITY OF ORONO 38 23-117-23 320010 NANCY L FARNES 460 BIG ISLAND NANCY L FARNES 2710 FOXGATE DR MINNETONKA MN 55305 38 23-117-23 320037 GWENDOLYN S LARSON ETAL 370 BIG ISLAND GWENDOLYN S LARSON 11431 CHISHOLM CIR NE UNITB BLAINE MN 55449 38 23-117-23 32 0046 NANCY LEE FARNES 460 BIG ISLAND NANCY LEE FARNES 2710 FOXGATE DR MINNETONKA MN 55305 38 23-1 I 7-23 32 0049 NANCY LEE FARNES 460 BIG ISLAND NANCY LEE FARNES 2710 FOXGATE DR MINNETONKA MN 55305 38 23-117-23 320060 T P EGAN & CA EGAN 360 BIG ISLAND THOMAS P EGAN/CHERYL A EGAN 1408 HOLDRIDGE CIR WAYZATA MN 55391 38 23-117-23 32 0074 GREGORY B O'CONNER ETAL 410 BIG ISLAND GREGORY B O'CONNER 1549 LIVINGSTON AVE #104 WEST ST PAUL MN 55118 38 23-117-23 32 0078 J E REIMANN & AS REIMANN 440 BIG ISLAND JOHN E REIMANN AND ALICE S REIMANN 21957 MINNETONKA BLVD #12 EXCELSIOR MN 55331 '"26 . . . ·. ~ ·. lf .. ~ .. '";' ,, p:!i,'" PAGE: RUN DATE: 1/29/2014 HENNEPIN, JNTY PROPERTY INFORMATION SYSTEM (PROPERTY 0, iRS LIST) RECEIVED FER 1 9 2013 PAGE: 2 Melanie Curtis From: Sent: To: Cc: Subject: Melanie, Jesse Struve Thursday, February 27 , 2014 3:55 PM Melanie Curtis Christine Mattson 20140227 review of 440 Big Island I reviewed the survey for 440 Big Island and have the following comments: 1. The architectural plans show a walk out with what appears there is a retaining wall along the North side of the house but the survey only shows grading taking place. 2 . The surveyor should show additional 1' contours along the south side of the house to show the proposed swale they have here. Currently they only show drainage arrows, but another contour in this area will allow them to define the swale on the survey. 3. The proposed grading is extending into the 0-75' zone. 4 . The silt fence should be shown across the east side of the property also . 5. Are there any existing stairs to the lake? Are they planning on adding/replacing stairs? Any existing stairs should be shown on the survey. Jesse Struve, PE Director of Public Works/ City Engineer City of Orono (952) 249-4661 -Direct (952) 249-4616 -Fax www.ci.orono.mn.us 1 Jesse Struve From: Sent: To: Cc: Subject: Melanie, Jesse Struve Thursday, February 27, 2014 3:55 PM Melanie Curtis Christine Mattson 20140227 review of 440 Big Island I reviewed the survey for 440 Big Island and have the following comments: 1. The architectural plans show a walk out with what appears there is a retaining wall along the North side of the house but the survey only shows grading taking place. 2. The surveyor should show additional 1' contours along the south side of the house to show the proposed swale they have here. Currently they only show drainage arrows, but another contour in this area will allow them to define the swale on the survey. 3. The proposed grading is extending into the 0-75' zone. 4 . The silt fence should be shown across the east side of the property also . 5. Are there any existing stairs to the lake? Are they planning on adding/replacing stairs? Any existing stairs should be shown on the survey. Jesse Struve, PE Director of Public Works/ City Engineer City of Orono (952) 249-4661 -Direct (952) 249-4616 -Fax www.ci.orono.mn .us 1 MEMORANDUM DATE: 25 February 2014 TO: Jesse Struve, City Engineer FROM: Melanie Curtis, Planning & Zoning Coordinator RE: File # 14-3658 for 440 Big Island Please review the enclosed information for construction of a new seasonal cabin and provide written comments to me by March 10th for the March 1 ih Planning Commission meeting. Please let me know if you need additional information or if you have any questions on the attached information . ..:.. Thank you, Melanie Curtis From: Melanie Curtis Sent: To: Wednesday, February 19, 2014 3:44 PM 'Grant Johnson' Cc: 'tom@advsur.com'; 'info@advsur.com' Subject: RE : 140044; Wausau; 430 Big Island, Orono Grant -we have finished our bluff analysis and ag ree with your surveyor's depiction of the top of bluff. They have indicated the extent of the 20 foot bluff impact zone, please have the survey also show the 30 foot bluff setback line as well as the 75' lake setback and average lakeshore setback lines . The average lakeshore setback can be depicted by using aeria l photography if available . Melanie Curtis 'if 952.249.4627 (gj mcurtis@ ci.oro no .mn.us From: grant.johnson@suncrestbuilders.com [mailto:grant.johnson@suncrestbuilders.com] On Behalf Of Grant Johnson Sent: Thursday, February 13, 2014 11:20 AM To: Melanie Curtis Subject: Fwd: 140044; Wausau; 430 Big Island, Orono Hi Melanie , This concerns the CUP and Variance application for the Reimann property at 440 Big Island that we discussed on January 29th. How quickly can you answer the surveyor's question below about the Top of Bluff definition (see Tom's second paragraph below and teh attached preliminary survey)? We're trying to get ev erything together for the 2/19 submission deadline. Thanks , ----------Forwarded message ---------- From: Tom Bloom <tom@advsur.com> Date : Thu, Feb 13 , 2014 at 10:28 AM Subject: 140044; Wausau; 430 Big Island, Orono To: Grant Johnson <johnsong@wausauhomes .com> Cc: Information <info@advsur.com> Grant, Attached is the PRELIMINARY copy of the survey for your review. There are a couple things I would like you to look at i n regards to the survey: I placed the dwelling on the property using the site plan placement you had emailed me previously. I want you to look at the placement of the dwelling to be sure this is indeed where you want it placed on the property. I noticed that there were some stakes in the field but they did not match where you had the dwelling on the site plan . So I used the site plan but I did locate the stakes so if you need it to be adjusted to the stakes I can do that. The other issue we are having is the location of the Top of Bluff. This line is established by ordinance and is important as there is a 20 foot buffer zone from the Top of Bluff. The city takes this line very serious but the defin ition is not easy to interpret. We have done, to the best of our ability, located the Top of Bluff line on our survey but the city may not agree that this is where the line is to be. We STRONGLY encourage you to take this survey to the city and get, in 1 writing, their location of where they tnmk the Top of Bluff li ne is . Once you have that, in writing, we can put t ha t o n our su rvey and cont i nue with the next st eps in completing the survey . Until that time we would ra t her not spend a lot of o u r ti me designing a site p lan that may have to be changed to the cities interpretation of the Top of Bluff line. If yo u have any questions about the above requests please let me know. Th ank you, Tom Bloom L.S . Advance Surveying and Engineering. From: qrant.johnson@suncrestbuilders.com [mailto:grant.johnson@suncrestbuilders .com ] On Behalf Of Grant Johnson Sent: Wednesday, February 12, 2014 10:47 PM To: Tom Bloom Subject: Re: Today ... forgot to attach the file. On Wed, Feb 12, 2014 at 10:46 PM, Grant Johnson <johnsong@wausauhomes.com> wrote: Tom, Here are the working drawings. Thanks, On Tue, Feb 11, 2014 at 10:52 AM, Tom Bloom <tom@advsur.com> wrote: No t r ea ll y. Once I get the existing conditions collected it will take a bit of time to put the con t ours, setbac ks and blu ff line establishe d . I can then st art with what you sent me and by that t i me we shou ld have the d r awing close t o fi ni sh . Once your draftsman is finished it shouldn't take long to comp lete t he survey. Just get the pl ans t o us as soon as they are r eady. 2 Melanie Curtis From: grant.johnson@suncrestbuilders.com on behalf of Grant Johnson Ooh nsong@wausau homes. com] Sent: Thursday , February 13, 2014 11 :20 AM To: Melanie Curtis Subject: Attachments: Fwd: 140044; Wausau; 430 Big Island, Orono 140044 TB Sent Prelim . 2-13 .pdf Hi Melanie, This concerns the CUP and Variance application for the Reimann property at 440 Big Island that we discussed on January 29th. How quickly can you answer the surveyor's question below about the Top of Bluff definition (see Tom's second paragraph below and teh attached preliminary survey)? We're trying to get everything together for the 2/19 submission deadline. Thanks, ----------Forwarded message ---------- From: Tom Bloom <tom@advsur.com> Date : Thu, Feb 13, 2014 at 10:28 AM Subject: 140044; Wausau; 430 Big Island, Orono To: Grant Johnson <johnsong@wausauhomes.com> Cc: Information <info@advsur.com> Grant, Attached is the PRELIMINARY copy of the survey for your review. There are a couple things I would like you to look at in regards to the survey: I placed the dwelling on the property using the site plan placement you had emailed me previously. I want you to look at the placement of the dwelling to be sure this is indeed where you want it placed on the property. I noticed that there were some stakes in the field but they did not match where you had the dwelling on the site plan. So I used the site plan but I did locate the stakes so if you need it to be adjusted to the stakes I can do that. The other issue we are having is the location of the Top of Bluff. This line is established by ordinance and is important as there is a 20 foot buffer zone from the Top of Bluff. The city takes this line very serious but the definition is not easy to interpret. We have done, to the best of our ability, located the Top of Bluff line on our survey but the city may not agree that this is where the line is to be. We STRONGLY encourage you to take this survey to the city and get, i n writing, their location of where they think the Top of Bluff line is. Once you have that, in writing, we can put that on our survey and continue with the next steps in completing the survey. Until that time we would rather not spend a lot of our time designing a site plan that may have to be changed to the cities interpretation of the Top of Bluff line. If you have any questions about the above requests please let me know. Thank you , 1 Tom Bloom L.S. Advance Surveying and Engineering. From: grant.johnson@suncrestbuilders.com [mailto:grant.johnson@suncrestbuilders.com ] On Behalf Of Grant Johnson Sent: Wednesday, February 12, 2014 10:47 PM To: Tom Bloom Subject: Re: Today ... forgot to attach the file. On Wed, Feb 12, 2014 at 10:46 PM, Grant Johnson <johnsong@wausauhomes.com> wrote: Tom, Here are the working drawings. Thanks, On Tue, Feb 11, 2014 at 10:52 AM, Tom Bloom <tom@advsur.com> wrote: Not really. Once I get the existing conditions collected it will take a bit of time to put the contours, setbacks and bluff l ine established. I can then start with what you sent me and by that time we should have the drawing close to finish . Once your draftsman is finished it shouldn't take long to complete the survey. Just get the plans to us as soon as they are ready. Thanks Tom Bloom L.S. Advance Surveying and Engineering. 2 F~om: grant.johnson@suncrestbuilders.com [mailto:grant.johnson@suncrestbuilders.com ] On Behalf Of Grant Johnson Sent: Tuesday, February 11, 2014 10:49 AM To: Tom Bloom Subject: Re: Today Thanks Tom. I'm pushing my drafter to get the drawings done ASAP. Is there some sort of subset of information you need off the working drawings that I could maybe get from him faster , and that would be enough information for you to keep moving ahead? Let me know. Thanks, On Tue , Feb 11 , 2014 at 10:29 AM, Tom Bloom <tom@adv sur.com> wrote: Grant, I talked to Gabriel Jabbour and he has graciously plowed a road out to the island so that we can get out there to do the survey, which will be started today. After looking through our file it appears as though we need a complete set of plans to do the grading plan from. In order to meet your deadline please send those plans at your earliest convenience. If things go well , and we get the above requested plans, we should have something to you near the end of the week. Thank you Tom Bloom L.S. Advance Surveying and Engineering Co. 5300 Highway 101 South 3 Minnetonka, MN 55345 Office 952-474-7964 Direct 952-674-2626 www.advsur.com qrant Johnson Wausau Homes Minneapolis 5159 Main Street, Box 382 I Maple Plain, MN 55359 Direct: 763-479-5555 I Fax: 763-479-5550 Mobile: 612-209-5916 johnsong@wausauhomes.com I www.wausauhomes.com 4 grant Johnson Wausau Homes Minneapolis 5159 Main Street, Box 382 I Maple Plain, MN 55359 Direct: 763-479-5555 I Fax: 763-479-5550 Mobile: 612-209-5916 johnsong@wausauhomes.com I www.wausauhomes .com qrant Johnson Wausau Homes Minneapolis 5159 Main Street, Box 382 I Maple Plain, MN 55359 Direct: 763-479-5555 I Fax: 763-479-5550 Mobile: 612-209-5916 johnsong@wausauhomes.com I www.wausauhomes .com 5 qrant Jolinson Wausau Homes Minneapolis 5159 Main Street, Box 382 I Maple Plain, MN 55359 Direct: 763-479-5555 I Fax: 763-479-5550 Mobile: 612-209-5916 johnsong@wausauhomes.com I www.wausauhomes.com 6 ·-- ".fA'M ufJ/ap ~UO .IOJ ~IM.Hltl S/1/1 611/Sn 3H0.:/38 «JUOUfPJO .J/fll/l I/HUI 1111,f/ JJn/tl S/IR P'IR OW.-0 JO A'l.0 IIIR UIO.,fJ uon«J!l!.IIM I.IJµM 11116 01 PHU /JO..( 1Jll/t1 JO do.J 1111/1 61,fll/Jllp l,f llf)O:) ~1P IIIR JO UOJ10~11,f .Jll(J • H I , I '<Q '> I --------------- ' ' ' ' \ \ \ -~I ---988---... i I I I I ' I I I I \ " ' \\ \ \ \ I \ I \ \ I \ \ \ \ \ \ \ \ \ \ \ \ \ \ --------~q, --------__ ..... , ... --------------------------------....... --. ---------------- ----------------- ' ' --- / / I / / ✓ ... ,, ,, ,, ,. ,, ,, / ,. / ... ,, ,, ,, ,, I ,, ,, I I ,, ✓ I I / / \ \ \ \ / / /. ,ft'o 140044 23/117/23 WA\JSUA HOMES ADVANCE SURVEYING & ENGINEERING CO. 5300 S. Hwy. No. 101 Minnetonka, MN 55345 Phone (952) 474 7964 Fax (952) 225 0502 W\vw·.advsur.com SURVEY FOR: WAUSUA HOMES SURVEYED: February 11, 2014 DRAFTED: February 13, 2014 LEGAL DESCRIPTION: Lots 1, 2 and 3, SCRIVER'S SUBDIVISION OF LOT E MORSE ISLAND PARK and that part of Lot 6, Morse Island Park Second Addition that lies southerly of the following described Line "A": Line 11A": Beginning at a point on the east line of said Lot 6 which lies 104.53 feet southerly of the northeast corner of said Lot 6; thence southwesterly along a straight line to the southwest corner of said Lot 6 and there terminating. All in Hennepin County, Minnesota. SCOPE OF WORK: 1. Showing the length and direction of boundary lines of the above legal description. The scope of our services does !!.21 include determining what you own, which is a legal matter. Please check the legal description with your records or consult with competent legal counsel, if necessary, to make sure that it is correct, and that any matters of record, such as easements, that you wish shown on the survey, have been shown. 2. Showing the location of existing improvements we deemed important. 3. Setting new monuments or verifying old monuments to mark the comers of the property. 4. Showing elevations and contours to show the topography of the site. The elevations shown relate only to the benchmark provided on this survey. Use that benchmark and check at least one other feature shown on the map when determining other elevations for use on this site. 5. While we show proposed improvements to your property, we not as familiar with your plans as you are nor are we as familiar with the requirements of governmental agencies as their employees are. We suggest that you review the survey to confirm that the proposals are what you intend and submit the survey to such governmental agencies as may have jurisdiction over your project to gain their approvals if you can. 6. While we show the building setback lines per the City of Orono's web site, we suggest you show this survey to the appropriate city officials to be sure that the setback lines are shown correctly. Do this BEFORE you use this sun1ey to design anything for this site. STANDARD SYMBOLS & CONVENTIONS: " • " Denotes 1/2" ID pipe with plastic plug bearing State License Number 9235, set, unless otherwise noted. p R GRAPIIlC SCALE 3ll 0 15 30 ~~ ~ ( Ill JU'I' ) E 60 I ,f.11 .... , i}l.1 lllill • 0 ;., ~ 4, i!.il . D il-11 EJi!l "41 ~ ~, ilJlll ,f.11 "'l:fl ~ \ \ I I \ I I ----- ------------?>#'-,.._-ee5 ___ _ , . ' . ' ', : ~, ' ~ / <.o>-- / -5.W. Cor. -.,,. "'-() ..,_ C) Cl <( [.)--~--.,,. I "'-() I ') ,'-, I I L -I ' U) al ~.:: IL <( ,..,, LJ_ t' -/ 'I I.,, I~;, I" .N "'~ 1,~ I~ ---------N.E. Cor. s3--\,. -158, • W •"' -77"26'33 _\ f) -------\f:: ----LINE . ..--.. L'!,'j:•'I' ""' ,nit 'l-",9,~ ,------ .,.✓ o"'J" I )(ffl.4 s ~ / - --<;( ----if: ' ,---~,£1111.J,it _J, \ ~ fP-) 6" \ ........ - ' --....................... I '-·O),., I • • lnformotlon tol«ttt from llllf"MIJ' by Demars CobritJI auppllttd to w nn our dlent .. • Our lnf6rpretatfon of tlM city code kl deflnklg thtl Top of Bluff. You nlltld to ,-t wrlUI K!lrifit:ation from the City of Gh:wo that th/a bluff 11M ,,,..,_ thW cn5hance B£FORC wing th!-. .twwy for ony dttalgn ll'CV't. Lot 6 ,, A,, y 140044 TB City of Orono Land Use & Conditional Use Permit 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 # Date Received : Staff: Fee: Escrow# & $ Permit Fee Notes: 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. Job Site Address: 'il/0 /!;;{j J:s lor1d CONTRACTOR/ APPLICANT INFORMATION: 0 , j I lL Name: _ .S Ul'\c.ct,.r-f-DVJ• d,,er S -kl/0(,{J"f1--re_rne-~ Phone: ~ ~ Fax: -.55:?. a Address: • ~ fl() ~ 2-Cit : e,,. ZIP: 5'S .3S°'I Contact Person: ~ ~ ~• ~k Contact's phone num er 7C,:!-'/7f-S:SS-S Email J<>kn \; w:u.r .~Applicant is: ontractor Homeowner (Circle One) PROPERTY OWNER INFORMATION: II/ .I) Name: O"'ohv1 CM6 t-r, (C-e,.., ,c,e;mPiVI n Phone (day): ~ p .. -"3 <;.o -qS:o J f, t 2. --/f7£-,£ 3 2 O Mailing Address : 2 I q S-7 ,tn1111makot 'Bf.tJ. Vr,;-t I z . F:>cc&L~,iJr."1N ZIP: S'S 3 3 I Email and/o~ Fax Jo~"-■ <'e.-, ni.ttrH') <J, ce.Jv,,!ho-e$. a~ ~r ttli_ve.-, ~e,j 1\14 t1: @ 8mc/, / ,ail'l-1 ~ Overall Project Description: C.0111 ;frv.cr r\e-.v SY,,< o()q I ca.bin i ce,,t,,,,n e:.>c,~ 811erfuf1 11 Check Box LAND USE APPLICATIONS Application Fee Escrow Appeal of Administrative Decision $50 NA Commercial Site Plan Review $700* $10,000 (minimum) Comprehensive Plan Amendment $700* $700 Easement / Right-of Way (ROW) Vacation, without Subdivision $700* $700 PID (5 acre minimum per code) $200/ acre (minimum $1,000)* $10,000 (minimum) PUD Rezoning (Hwy 12 Corridor Only)-Residential $700 + $40 per dwellinq unit* $10,000 (minimum) PUD Rezoning (Hwy 12 Corridor Only) -Commercial/Industrial $200/acre (minimum $875)* $10,000 (minimum) RPUD or PRD, without Subdivision $SO/dwelling (minimum $600) Zoning Amendments including Rezoning $700* $700 trf.A{f::t( Va r14n,l.P /s -UJ.s -/fu,yi -' a(.,(6..£ -hr tl~.d-,Al..-:,., er fi/Ut.tf ct,'7,~ ~,.-e,,,eds t-.t'JIJ ~ F Check Box CONDITIONAL USE PERMIT-(CUP) y Application Fee Escrow After-the-Fact CUP Double Fee Amend Existing CUP $700* N/A Commercial / Industrial Use $700* $700 Duplex Credit (per building) $700* $700 Grading and Filling-501 cu. yd. or more $700*+Permit Fee $700 Grading and filling-within 75' of OHWL (includes seawalls & retaining walls) $700*+Permit Fee $700 Grading and filling-wetland and floodplain $700*+Permit Fee $700 Guest House / Guest Apartment $700* $700 Institutional -Type: $700* $700 Renewal of CUP, IF no change to original plan $350 NA ;;,<.. Residential Accessory Use -Type : --$700* $700 0(.A.15" f'" f\(¾/ > el( s O/l4 I c;,,bi,Ji(C'-'t:IVEU *plus, Engineering & Legal Review Costs Packet Last Updated: 03/29/13 FEB 19 2013 ~~12,.R_f29 \,11 Y uF 9RONO 3658 REQUIRED SU BM ITT ALS: All of the following information must be submitted by the application deadline date in order for your application to be processed. Not ,, Enclosed Applicable ES □ Escrow Aqreement (siqned) ~ □ Escrow (received) !;El □ Pre-Application Form lij □ Aoolication Form Iii □ Certified Property Owners List (350'), labels and map lij □ Survey (meetinq ALL requirements) , liil □ Proposed Plans ~ □ Hardcover Calculation(s) ~ □ Septic Svstem Site Evaluation Report □ 'oil!! Wetland Delineation □ IZI Wetland Buffer Evaluation □ i:I Buffer Improvement Plan □ □ □ □ APPLICANT AND/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. Owner and/or Applicant 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. Owner's Signature: ~£~) Date: Owner's Signature: Date: Applicant's Signature: ~(l>v Date : Applicant's Signature: ___________ _ Packet Last Updated: 03/29113 Page 13 of 29 Date: RECEIVED FEB 1 9 2013 CITY OF ORONO #3658 HENNEPIN COUNTY MAIL LABEJ . GENERA TOR Page 1 of 1 r=--·======================================== -·-------··---ll ,-----=------------------------------------- jl I .! I lL i Hennepin County Mailing Label Receipt Provided By: Taxpayer Services Department j Company or Homeowner Name : - 1i Contact Person: Alice Reimann I: Contact Address: --, MN -Ii Contact Phone: - ) Comments : 11 !! !1 Buffer Distance: 350ft f ii PIO LIST: Mail Label Count· TOTAL cosTyris /1 38 22 -117 -23 41 0003, 38 23-117-23 32 0002 , 38 23 -117-23 32 0010, 38 23-117-23 32 0011 , 38 23-117-23 32 0012 , 38 23 -117 -23 32 0037 , 38 23-117-23 32 0039, {.i 38 23-117-23 32 0044 , 38 23-117-23 32 0046, 38 23 -117-23 32 0047 , 38 23-117-23 32 0048, 38 23-117-23 32 0049 , 38 23 -117 -23 32 0057, 38 23-117-23 32 0058, l r 38 23-111-23 32 0060 , 3823-111-23 32 0061 , 3823-111-23 32 0063 , 38 23-111-23 32 0014 , 38 23-111-23 32 0015 , 38 23 -111 -23 32 oon , 38 23-111-23 32 0018, ;! ~t l• .. ~1 ls 1: r !! r j; ,: ii ji /j il (: " l1 j, Ii it t !I !i j: RECEIVED t ,. ·, .• \ ., ., :1 : FEB 1 9 2013 ~ 6 5 1: CITY OF ORONO _., , t 'I ~ ~ t ·===================================-"""'""· ==;;;-;;;,,..~--===;;;;;-=•~--___ ,,---·.-_ll 1/29/2014 t Easy Peel® Labels Use Avery®Template 5160® 38 22-117-23 41 0003 NANCY L FARNES 2710 FOXGATE DR MINNETONKA MN 55305 38 23-117-23 320011 NANCY L FARNES 2710 FOXGATE DR MINNETONKA MN 55305 38 23-117-23 32 0039 D RAMSEY & D SERGEANT RAMSEY 8271 FOXBERRY CT SAVAGE MN 55378 38 23-117-23 32 0047 NANCY LEE FARNES 2710 FOXGATE DR MINNETONKA MN 55305 38 23-117-23 32 0057 SUSAN BAILEY 2700 HILL DALE AVE NE ST ANTHONY MN 55418 38 23-117-23 320061 JOHN SDEAN 837 N 63RD ST WAUWATOSA WI 53213 38 23-117-23 32 0075 ELIZABETH ADAMS 8014 OLSON MEMORIAL HIGHWAY #213 GOLDEN VALLEY MN 55427 Etiquettes faciles a peler Utilisez le gabarit AVERY® 5160® I I I J I I ! l ... -FeedPaper - 38 23-117-23 32 0002 NANCY L FARNES Bend along line to expose Pop-Up Edge™ 2710 FOXGATE DR MINNETONKA MN 55305 38 23-117-23 320012 NANCY L FARNES 2710 FOXGATE DR MINNETONKA MN 55305 38 23-117-23 32 0044 CHRISTINA BRUNTJEN 2710 FOXGATE DR MINNETONKA MN 55305 38 23-117-23 32 0048 NANCY LEE FARNES 2710 FOXGATE DR MINNETONKA MN 55305 38 23-117-23 32 0058 JOHN H & BARBARA A BURCH 3334 CHASE DR MINNETONKA MN 55305 38 23-I I 7-23 32 0063 MARY GALEN O'CONNOR 9905 10TH AVE N PLYMOUTH MN 55441 38 23-117-23 32 0077 W OF MINNETONKA INC 220 TONKA BAY RD TONKA BAY MN 55331 RECEIVED FEB 19 2013 CITY OF ORONO I I I J ... Sens de chargement Repliez a la hachure afin de l reveler le rebord Pop-Up™ j I AVERY® 5960™ I J. 38 23-117-23 32 0010 NANCY L FARNES 2710 FOXGATE DR MINNETONKA MN 55305 38 23-117-23 32 0037 GWENDOLYN S LARSON 11431 CHISHOLM CIR NE UNITB BLAINE MN 55449 38 23-117-23 32 0046 NANCY LEE FARNES 2710 FOXGATE DR MINNETONKA MN 55305 38 23-117-23 32 0049 NANCY LEE FARNES 2710 FOXGATE DR MINNETONKA MN 55305 38 23-117-23 32 0060 THOMAS P EGAN/CHERYL A EGAN 1408 HOLDRIDGE CIR WAYZATA MN 55391 38 23-117-23 32 0074 GREGORY B O'CONNER l549LIVINGSTONAVE #104 WEST ST PAUL MN 55 I 18 38 23-117-23 32 0078 JOHN E REIMANN AND ALICE S REIMANN 21957 MINNETONKA BLVD #12 EXCELSIOR MN 55331 www.avery.com 1-800-GO-AVERY I I I l. For Office Use Only: City Planner: City of Orono Pre-Application Meeting Form (This form is to be completed by a City Planner during your pre-application meeting.) Meeting Date!Time: PC Date:--'1"'---L---f-"---""-''--'----l.U--J-+--P-'¼--4F-----'----"--""'----- 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: , +,;1 I ✓• __ I Site Address : Lf-L[ 0 ~P\ -I-? \t1... hP-- Property Identification Number (PIN): U Zoning District: ~<; Size of-P-ro_p_e_rt_y_: ----1 -,-~----------------- CONDITIONAL USE PERMIT REQUESTS: □ Amend Existing CUP □ Grading and filling - 501 cu . yd . or more □ Guest House / Guest Apartment LAND USE REQUESTS: □ Appeal of Administrative Decision □ Commercial I Industrial Use □ Grading and filling - Wetland and floodplain □ Institutional Type : □ Commercial Site Plan Review □ PUD -Residential □ Duplex Credit (per bldg) □ Grading and filling -within 75 ' of OHWL (includes seawalls , retain i-ci g)Nalls) □ Renewal of CUP □ Comprehensive Plan Amendment □ RPUD , without Subdivision ~esidential Aecesso-i Use Type : GM&s. f- N e~ c;;e?<--C. 0n1vL-CJL b--1 □ Easement / ROW Vacation , without subdivision □ Zoning Amendments including Rezoning Applicant's BILLS AND ESCROW: The land use application fee is for city staff time and overhead costs f--l_n_it_ia_ls_: ---+---------i only . Owner and/or Applicant shall pay for consultant expenses incurred in review of this owner's application and/or additional staff time not covered in initial application fee, as well as provide Initials: an escrow in the amount of$ Z,S[X) -OD to guarantee payment of the above. OTHER INFORMATION : *Please note: Your conditional use permit application will NOT be accepted without a pre-application meeting during V1 which this form will be comn ete<Jm ff . } / n /;LL RECEIVED Applicant Signature: ])__~~ Date: '2---"1'/ IT OwnerSignature: ~;,/,-~ Date: /2/2¢f FEB 19 2013 CITY OF ORONO Packet Last Updated: 03/29/13 Page 9 of 29 #3658 2/19/2014 SUNCREST BUILDERS Mail -Septic Septic • , :JC f, John Reimann <John .Reimann@redwingshoes.com> To: Grant Johnson <johnsong@wausauhomes.com> Cc: Alice <alicat1155@aol.com> G Tue, Feb 18, 2014 at 10:08 PM Found this . Per Gabriel's note below its clear that he left a copy of the design with Willie Gibbs. John Reimann Corporate Account Manager Red Wing Shoes 612.360.9501 -cell 651-385-6764 -office John. Reimann@redwingshoes.com Begin forwarded message: From: GABRIEL JABBOUR <gabrieljabbour@msn .com > Date: July 31, 2013 at 5:28:41 PM EDT To: "j ohn.reiman n@redwingshoes.com " <john.reimann@redwingshoes .com > Cc: "edeha'l.€n@cbbumet.com " <edeha'l.€n@cbbumet.com > John , Here is the latest update-I stopped at City Hall to giw them the hard copy of the sur\€y . I spoke to Willy, we are to expect an email from him -appro-.;ng the septic design and location . I spoke to Chip and asked him to hook us up with an installer and gi'I.€ us a price . Please notice that the sur\€y I forwarded to you reflects the old location for the alternati'I.€ septic site. I made sure that was scratched off the copy gi'l.€n to the City, as the septic designer located the septic on his paperwork. After speaking with Staff I realized that the Council meeting is on the 12th , not the 5th. if you ha\€ any questions please feel free to call me . Gabriel https ://mail .g oog le.comlmai l/u/0/?ui= 2&i k=2175fff333&1.i eVF pt&search= i nbox&th= 14448557f42f6a9e 1/1 2/19/2014 SUNCREST BUILDERS Mail -Willies appro,r' Willies approval John Reimann <John.Reimann@redwingshoes .com> To : Grant Johnson <johnsong@wausauhomes.com> Cc: Alice <alicat1155@aol.com> < r 1t jo Tue, Feb 18, 2014 at 10:10 PM See below for Willies septic design approval email to Gabriel. He had to have a copy. Goodnight. John John Reimann Corporate Account Manager Red Wing Shoes 612.360.9501 -cell 651-385-6764 -office John. Reimann@redwingshoes.com Begin forwarded message: From: GABRIEL JABBOUR <gabrieljabbour@msn.com > Date: August 2, 2013 at 1 :40:22 PM EDT To: John Reimann <John .Reimann@redwingshoes.com > Subject: Fwd: RE: Sent from my iPhone Begin forwarded message: From: Willie Gibbs <WGibbs@ci.orono.mn.us > Date: August 2, 2013, 11:22:34 AM CDT To: 'GABRIEL JABBOUR' <gabrieljabbour@msn .com > Subject: RE: Gabe, your design is approved. I can stamp a front Page for you and email or mail it to you if that's what you want. I won't be able to get to it till next week though . Willie From: GABRIEL JABBOUR [mailto:gabrieljabbour@msn.com ] Sent: Friday, August 02, 2013 9:41 AM To: Willie Gibbs Subject: https ://mail .g oog le.com/mai I/u/0/?ui= 2&ik=2175fff333&\ievF pt&search=inbox&th= 144485760f1884b0 1/2 RUN DATE: 1/29/2014 38 22-117-23 41 0003 NANCY L FARNES 460 BIG ISLAND NANCY L FARNES 2710 FOXGATE DR MINNETONKA MN 55305 38 23-117-23320011 NANCY L FARNES 460 BIG ISLAND NANCY L FARNES 2710 FOXGATE DR MINNETONKA MN 55305 38 23-117-23 32 0039 D RAMSEY & D SARGEANT RAMSEY 350 BIG ISLAND D RAMSEY & D SERGEANT RAMSEY 8271 FOXBERRY CT SAVAGE MN 55378 38 23-117-23 32 0047 NANCY LEE FARNES 460 BIG ISLAND NANCY LEE FARNES 2710 FOXGATE DR MINNETONKA MN 55305 38 23-117-23 32 0057 BONNIE S MENIGO/ET AL SBJ/LE 390 BIG ISLAND SUSAN BAILEY 2700 HILLDALE AVE NE ST ANTHONY MN 55418 38 23-117-23 32 0061 BARBARA D GORMAN TRUSTEE 320 BIG ISLAND JOHNS DEAN 837 N 63RD ST WAUWATOSA WI 53213 38 23-117-23 32 0075 MASSASOIT LLC 400 BIG ISLAND ELIZABETH ADAMS 8014 OLSON MEMORIAL HIGHWAY #213 GOLDEN VALLEY MN 55427 HENNEPI1" _ VNTY PROPERTY INFORMATION SYSTEM (PROPERTY 0, ... £RS LIST) 38 23-117-23 32 0002 NANCY L FARNES 460 BIG ISLAND NANCY L FARNES 2710 FOXGATE DR MINNETONKA MN 38 23-117-23 320012 NANCY L FARNES 460 BIG ISLAND NANCY L FARNES 55305 2710 FOXGATE DR MINNETONKA MN 55305 38 23-117-23 32 0044 CHRISTINA BRUNTJEN 38 ADDRESS UNASSIGNED CHRISTINA BRUNT JEN 2710 FOXGATE DR MINNETONKA MN 55305 38 23-117-23 32 0048 NANCY LEE FARNES 460 BIG ISLAND NANCY LEE FARNES 2710 FOXGATE DR MINNETONKA MN 55305 38 23-117-23 32 0058 JOHN H BURCH ET AL TRES 380 BIG ISLAND JOHN H & BARBARA A BURCH 3334 CHASE DR MINNETONKA MN 55305 38 23-117-23 32 0063 MICHAEL B FRUEN ET AL 420 BIG ISLAND MARY GALEN O'CONNOR 9905 l0THAVEN PLYMOUTH MN 55441 38 23-117-23 32 0077 GABRIELE JABBOUR 450 BIG ISLAND W OF MINNETONKA INC 220 TONKA BAY RD TONKA BAY MN 55331 RECEIVED FEB 1 9 2013 CITY OF ORONO 38 23-117-23 320010 NANCY L FARNES 460 BIG ISLAND NANCY L FARNES 2710 FOXGATE DR MINNETONKA MN 55305 38 23-117-23 32 003 7 GWENDOLYN S LARSON ETAL 370 BIG ISLAND GWENDOLYN S LARSON 11431 CHISHOLM CIR NE UNITB BLAINE MN 55449 38 23-117-23 32 0046 NANCY LEE FARNES 460 BIG ISLAND NANCY LEE FARNES 2710 FOXGATE DR MINNETONKA MN 55305 38 23-117-23 32 0049 NANCY LEE FARNES 460 BIG ISLAND NANCY LEE FARNES 2710 FOXGATE DR MINNETONKA MN 55305 38 23-117-23 32 0060 T P EGAN & CA EGAN 360 BIG ISLAND THOMAS P EGAN/CHERYL A EGAN 1408 HOLDRIDGE CIR WAYZATA MN 55391 38 23-117-23 32 0074 GREGORY B O'CONNER ETAL 410 BIG ISLAND GREGORY B O'CONNER 1549 LIVINGSTON AVE #104 WEST ST PAUL MN 55 I I 8 38 23-117-23 32 0078 J E REIMANN & AS REIMANN 440 BIG ISLAND JOHN E REIMANN AND ALICE S REIMANN 21957 MINNETONKA BLVD #12 EXCELSIOR MN 55331 _,;·· PAGE: RUN DATE: 1/29/2014 HENNEPIN ..__ J NTY PROPERTY INFORMATION SYSTEM (PROPERTY OY, .<-RS LIST) RECEIVED FEB 1 9 2013 PAG E: 2 365 ADJACENT PROPERTY OWNERS' ACKNOWLEDGEMENT FORM t _--~) I (we) tJ Re Cr aONAit]Je of Property Owner [print name(s)] % Date If you have any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building & Zoning Office at least 10 days prior to the scheduled meeting date. Packet Last Updated: 03/29113 RECEIVED FEB 1 9 2013 CITY OF ORONO Page 16of29 AUJA'-it:N I l""tcUl""t:l'C. I T UVVl'IICI'(;;) l-\vn.1'11VVVL.CIJ\:JCIVU;;1'11 I rVl'IYI have reviewed the plans for the proposed improvement or proposed use of the property located at 440 015 Jd)Ji:,1-)jj~o referred to as Land Use Application No. ____ . I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disappro I of th roperty or use but merely to confirm for the City Council that I (we) am (are) aware of the nt R and that the proposed neighbor' project or use equires Council approval. Property Owner ~-I Date Date RECEIVED FEB 1 9 2013 CITY OF ORONO If you have any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building & Zoning Office at least 10 days prior to the scheduled meeting date. Packet Last Updated: 03/29/13 J1. ~-q; . Page 16 of29 'u __,;;·· ADJACENT PROPERTY OWNERS' ACKNOWLEDGEMENT FORM t/__~o ,67;'~-}' s/q nv;I [print a dress] · have review~he plans for the proposed improvement or proposed use of the property located at 1/¥1'7 ~{!-::!:sh /2rtne> also referred to as Land Use Application No. ___ _ I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. ~ ~:o,.__ ~. " Property wner ~ Property Owner Date If you have any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building & Zoning Office at least 10 days prior to the scheduled meeting date . FEB 19 2013 CllY OF ORONO . . . . ..................................... __ ""+++++++++++++*½**************************** Bluff means a topographic feature, such as a hill, cliff or embankment, having the following characteristics (An area with an average slope of less than 18 percent over a distance of 50 feet or more shall not be considered part of the bluff): (1) Part or all of the feature is located in a shoreland area; (2) The slope rises at least 25 feet above the ordinary high water level of the water body; (3) (4) The grade of the slope from the toe of the bluff to a point 25 feet or more above the ordinary high water level averages 30 percent or greater; and The slope must drain toward the water body. Bluff impact zone means a bluff and land located within 20 feet from the top of a bluff. Bluff, toe of the, means the lower point of a 50-foot segment with an average slope exceeding 18 percent. Bluff, top of the, means that point on the cross section of a bluff below which the slope becomes more than 18 percent and above which the average slope for a distance of 50 feet or more is 18 percent or less.