HomeMy WebLinkAboutProject PacketCITY OF ORONO
2750 Kelley Parkway
P.O. Box66
Crystal Bay, MN 55323
952.249.4600
TO: Able Energy Co.
Attn: Sean Barrett
7200 Hudson Blvd N
Oakdale, MN 55128
TYPE OF APPLICATION:
DATE OF MEETING:
Variances
25 July 2016
ZONING FILE: #16-3849
NOTICE OF COUNCIL ACTION
DATE OF NOTICE: 26 July 2016
COPIES Sean Barrett
Via email: Tom Robb
VOTE: 5 FOR 0 AGAINST
Motion: To approve per the findings and conditions of the resolution previously mailed to you.
Please arrange to sign the original resolution at the City Offices {Please note: The City is now on a
summer schedule. Monday through Thursday 7:30 -5 PM & Friday, 7:30 to 11:30). All persons with an
interest in the property must sign the resolution.
Variance approval is limited to the extent shown on approved plan and as noted in the approval
resolution. Changes in approved plans are subject to further review by the City. Variance approval expires
one year after date of approval. A building permit must be obtained no later than July 25, 2017.
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, at mcurtis@ci.orono.mn.us or 952.249.4627.
PUBLIC SAFETY REPORT
None
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, July 25, 2016
7:00 o'clock p.m.
PLANNING DEPARTMENT REPORT-JOHN THIESSE, REPRESENTATIVE
*4. #15-3740 FUNK AND ROGOSBESKE, PRELIMINARY PLAT EXTENSION -
RESOLUTION NO. 6652
Levang moved, Printup seconded, to adopt RESOLUTION NO. 6652, a Resolution Granting an
Extension of the Preliminary Approval of a Subdivision for Property Located at 540 Old Crystal
Bay Road South, File No. 15-3740. VOTE: Ayes S, Nays O.
*S. #15-3749 PAUL CAMERON, CHA..~RLAIN CAPITAL, LLC, 185-225 OLD CRYSAL
BAY ROAD NORm, PRELIMINARY PLAT EXTENSION -RESOLUTION NO. 6653
Levang moved, Printup seconded, to adopt RESOLUTION NO. 6653, a Resolution Granting an
Extension of the Preliminary Approval of a Class m Subdivision for Property Located at 185-225
Old Crystal Bay Road South, File No.15-3749. VOTE: Ayes 5, Nays 0.
*6. #16-3849 ABLE ENERGY COMPANY ON BEHALF OF TOM ROBB, 570 BIG ISLAND,
VARIANCES -RESOLUTION NO. 6654
Levang moved, Printup seconded, to adopt RESOLUTION NO. 6654, a Resolution Approving
Variances from Municipal Zoning Code Sections 78-570 and 78-1279 for the Property Located at
S70 Big Island, File No. 16-3849. VOTE: Ayes 5, Nays 0.
7. #16-3822 LAKEWEST DEVELOPMENT, 3245 WAYZATA BOULEVARD WEST,
PRELIMINARY PLAT/RPUD REZONING-RESOLUTION NO. 6655
Senior Planner Gaffron stated one of the things before the Council tonight is a letter from the
Metropolitan Council approving the Comprehensive Plan Amendment for this development. The
Metropolitan Council did note in the letter that the City has now reached the 3.0 units per density level.
Ga:ffron indicated the Comprehensive Plan Amendment will be brought forward as a separate resolution
at a future meeting.
Also before the Council tonight is a resolution for preliminary plat approval. Gaffron noted the applicants
have had Staff's memo since last Friday and that he did mention to them toward the middle of last week
that Staff has had some discussions regarding the easterly access point with Hennepin County. Initially
the applicants proposed two access points, which Hennepin County indicated they were not in favor of.
As a result, the applicants then proposed either a T-intersection or a cul-de-sac.
Ga:ffron indicated the T-intersection is the one that the Fire Department preferred, but in discussions with
the City Engineer, City Attorney and Staff, the potentials for that T-intersection were reviewed in relation
to how it would function for regular use. Gaffron stated the problem with having a T-intersection is the
difficulty for delivery trucks that are going to be coming to the neighborhood on a regular basis to
maneuver. Consequently, the recommendation of Staff is that it should be a cul-de-sac.
Page 4of8
Date Application Received: 06/23/16
Date Application Considered as Complete: 07/07/16
60-Day Review Period Expires: 09/05/16
REQUEST FOR COUNCIL ACTION
Date: July 25, 2016
Item No. 6
Department Approval: Administrator Approval: Agenda Section:
Name: Melanie Curtis mcc JML Planning
Title: Planner
Item Description: #16-3849, Able Energy Co., o/b/o Tom Robb, 570 Big Island, Variances - Resolution
Application Summary:
City Code Section 78-1379 allows roof mounted solar panels on a structure meeting the required setbacks.
The applicant is requesting a side yard setback and average lakeshore setback in order to install solar panels
on the roof of the existing cabin 1.2 feet from the adjacent City right-of-way and lakeward of the average
lakeshore setback line.
Planning Commission Recommendation
On July 18th the Planning Commission held a public hearing and reviewed the application including the
evidence submitted. Following the public hearing the Commission voted 6 to 0 in favor of a motion to
approve the variances.
Planning Staff Recommendation
Staff recommends approval. A draft approval resolution has been provided for Council’s consideration.
COUNCIL ACTION REQUESTED
Council should consider adopting or amending the approval resolution.
List of Exhibits:
Exhibit A. Proposed Survey
Exhibit B. Draft Resolution
Exhibit C. PC Action Notice
Exhibit D. Draft PC Minutes 07/18/16
Exhibit E. PC Staff Report - 07/14/16
Exhibit F. PC Exhibits
NOTICE OF PLANNING COMMISSION ACTION
CITY OF ORONO
2750 Kelley Parkway
PO Box 66
Crystal Bay, MN 55323
952.249.4620
ZONING FILE: #16-3849
DATE OF
NOTICE: 18 July 2016
TO: Able Energy Co.
Attn: Sean Barrett
7200 Hudson Blvd N
Oakdale, MN 55128
COPIES
via
email:
Sean Barrett
Tom Robb
TYPE OF REQUEST: Variances
DATE OF MEETING: 18 July 2016
The Orono Planning Commission voted on a motion to recommend approval of the variances as
requested.
VOTE: 6 FOR 0 AGAINST
Applicant’s next meeting is tentatively scheduled as: Monday, July 25th
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.
Council Exhibit D MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday, July 18, 2016
6:30 o’clock p.m.
____________________________________________________________________________________
Page 1 of 1
6. #16-3849 ABLE ENERGY COMPANY ON BEHALF OF TOM ROBB, 570 BIG ISLAND,
VARIANCE, 8:04 P.M. – 8:11 P.M.
Tom Robb, Applicant, was present.
Curtis stated the applicant is requesting a side yard setback and average lakeshore setback variance in
order to install solar panels on the roof of the existing cabin on the property. The existing 1950s cabin on
the property is situated as close as 1.2 feet from the west side lot line, which is the undeveloped right -of-
way to the lake and 64 feet lakeward of the average lakeshore setback based on the cabin at 560 Big
Island.
The applicant is proposing to install flush-mounted solar panels on the roof of the existing cabin. City
Code allows roof-mounted solar panels on the roof of a structure meeting all the required setbacks. The
required setback from a right-of-way on Big Island is 30 feet; therefore, variances are required in addition
to the average lakeshore setback variance.
Staff finds that due to the code requirement for solar panels and the existing cabin in a nonconforming
location, there is not a conforming way for the applicant to install solar panels on the property. Solar
panels will not be visually intrusive to the neighboring properties or when viewed from the lake. No
public comments have been received to date.
Staff recommends approval of the request.
Schoenzeit noted it is not expanding the roof area but is putting something on a house in a nonconforming
spot.
Curtis indicated that is correct.
Schoenzeit stated it is an allowed use on a house and it would not be extending over the roof area.
Tom Robb, Applicant, stated he is the property owner of 570 Big Island. Robb stated he would like to
install the solar panels on the roof of the cabin. Robb stated the reason the cabin is located where it is is
because they only owned the one lot at the time it was rebuilt and they acquired the other two lots later
on. Robb stated there was a pre-existing cabin in that location that was replaced.
Robb stated the solar panels will occupy approximately half of the roof area.
Acting Chair Lemke opened the public hearing at 8:10 p.m.
There were no public comments related to this application.
Acting Chair Lemke closed the public hearing at 8:10 p.m.
McGrann moved, Leskinen seconded, to recommend approval of Application No. 16-3849, Able
Energy Company on behalf of Tom Robb, 570 Big Island, granting of a side yard setback and
average lakeshore setback in order to install solar panels on the roof of the existing cabin, per
Staff’s recommendation. VOTE: Ayes 6, Nays 0.
Date Application Received: 06/23/16
Date Application Considered as Complete: 07/07/16
60-Day Review Period Expires: 09/05/16
To: Chair Thiesse and Planning Commission Members
Jessica Loftus, City Administrator
From: Melanie Curtis, Planner mcc
Date: 14 July 2016
Subject: #16-3849, Able Energy Co., o/b/o Tom Robb, 570 Big Island,
Variances
Public Hearing
List of Exhibits
Exhibit A. Application
Exhibit B. Practical Difficulties Form
Exhibit C. Proposed Survey/Site Plan
Exhibit D. Proposed Plans
Exhibit E. Septic Memo
Exhibit F. City Code Excerpts
Exhibit G. Aerial Photos
Exhibit H. Property Owners List
Exhibit I. Plat Map
Background
The existing 1950’s cabin on the property is situated as close as 1.2 feet from the west side lot
line (City right-of-way) and 64 feet lakeward of the average lakeshore setback, based on the
location of the home on the property to the east at 560 Big Island. The applicant is proposing to
install flush mount solar panels on the existing roof of the cabin. City Code Section allows roof
mounted solar panels on the roof of a structure meeting the required setbacks. The required
setback from a platted right-of-way on Big Island is 30 feet, therefore variances are required.
LOT ANALYSIS WORKSHEET
Section 78-570 & 78-1279 - Setbacks:
RS District Required Existing Proposed
Rear 30’ 86’ No change
Side Street (ROW) 30’ 1.2’ cabin
0.7’ deck No change
East Side* 30’ 93’ No change
Lakeshore 75’ 130’ No change
Average Lakeshore The existing cabin is 64 feet lakeward of the average lakeshore setback.
*Note: the property is 142 feet wide.
Application Summary: The applicant is requesting a side yard setback and average lakeshore
setback in order to install solar panels on the roof of the existing cabin.
Staff Recommendation: Planning Department Staff recommends approval.
FILE # 16-3849
14 July 2016
Page 2 of 4
Section 78-570 - Lot Area/Width:
RS District Lot Area Lot Width
Required 217,800 s.f. (5.0 acres) 200’
Actual 32,729 s.f. (0.75 acre) 133’ @ 75’ / 142’@ OHWL
Applicable Regulations:
Side Setback Variance (Section 78-570)
The RS district requires a 30-foot setback from platted rights-of-way. The existing cabin is set
back 1.2’ from the right-of-way and the elevated deck is 0.7’ from the right-of-way. The code
permits roof mounted solar panels to be installed on buildings and stipulates that the required
structural setbacks must be met. A variance is required.
Average Lakeshore Setback Variance (Section 78-1279)
The cabin on the property to the east, which determines the average lakeshore setback, is
situated approximately 194 feet from the OHWL; the applicant’s cabin is approximately 130 feet
from the OHWL. A variance is required.
Governing Regulation: Variance (Section 78-123)
In reviewing applications for variance, the Planning Commission shall consider the effect of the
proposed variance upon the health, safety and welfare of the community, existing and
anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect
on values of property in the surrounding area. The Planning Commission shall consider
recommending approval for variances from the literal provisions of the Zoning Code in instances
where their strict enforcement would cause practical difficulties because of circumstances unique
to the individual property under consideration, and shall recommend approval only when it is
demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning
Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties
also include but are not limited to inadequate access to direct sunlight for solar energy systems.
Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06,
subd. 2, when in harmony with this chapter. The board or the council may not permit as a
variance any use that is not permitted under this chapter for property in the zone where the
affected person's land is located. The board or council may permit as a variance the temporary
use of a one-family dwelling as a two-family dwelling.
According to MN §462.537 Subd. 6(2) variances shall only be permitted when:
1. The variance is in harmony with the general intent and purpose of the Ordinance. The
variances are minimal and generally consistent with the intent of the ordinance.
2. The variance is consistent with the comprehensive plan. The requested variances are
consistent with the residential goals within the comprehensive plan.
3. The applicant establishes that there are practical difficulties.
a. The property owner proposes to use the property in a reasonable manner not
permitted by the official controls; Installation of solar panels on the existing
cabin is a reasonable use of the property, the existing setbacks of the cabin
necessitate variances.
b. There are circumstances unique to the property not created by the landowner;
The cabin’s location lakeward of the average lakeshore setback line and within
the required 30-foot side setback; the separation between the subject cabin and
FILE # 16-3849
14 July 2016
Page 3 of 4
the neighboring cabins; and the existing tree stands combined with the
elevation result in a unique circumstance not created by the landowner
allowing for the cabin and therefore the solar panels to be almost completely
screened from views off the property, and
c. The variance will not alter the essential character of the locality. The solar panels
will not be visually obtrusive and will screened from views from off of the
property adequately by existing vegetation and the topography.
Additionally City Code 78-123 provides additional parameters within which a variance may be
granted as follows:
4. Practical difficulties also include but are not limited to inadequate access to direct
sunlight for solar energy systems. Variances shall be granted for earth-sheltered
construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono
City Code Chapter 78. Orono’s code permits only roof mounted solar panels to be
constructed. The roof of the nonconforming cabin is the only place where solar panels
are permitted on the property.
5. The special conditions applying to the structure or land in question are peculiar to such
property or immediately adjoining property. The cabin is an existing nonconforming
structure and the property contains a large number of mature trees for screening.
The topography increases as it moves away from the lake and toward the property at
560 Big Island. The property on the western side of the right-of-way is separated from
the applicant’s cabin by approximately 30 feet and sits slightly below the applicant’s
cabin. The proposed solar panels will not adversely impact adjacent properties.
6. The conditions do not apply generally to other land or structures in the district in which
the land is located. The proposal does not appear to be out of character with the area.
7. The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant. This criterion appears to be met.
8. The granting of the proposed variance will not in any way impair health, safety, comfort
or morals, or in any other respect be contrary to the intent of this chapter. The proposed
solar panels on the roof of the cabin will not impair the health, safety, comfort or
morals of the public.
9. The granting of such variance will not merely serve as a convenience to the applicant,
but is necessary to alleviate demonstrable difficulty. This statement is true.
The Commission may recommend or Council may impose conditions in granting of variances.
Any conditions imposed must be directly related to and must bear a rough proportionality to the
impact created by the variance. No variance shall be granted or changed beyond the use
permitted in this chapter in the district where such land is located.
Septic System Status
Please see the attached memo from Orono’s Building Official, Roger Peitso, regarding the septic
system (Exhibit E).
Practical Difficulties
Applicant should be asked to discuss the Practical Difficulties regarding the application.
Practical Difficulties Analysis
Staff finds that due to the Code requirement for solar panels and the existing cabin on the
property in a nonconforming location, there is no conforming way for the applicant to install solar
FILE # 16-3849
14 July 2016
Page 4 of 4
panels on the property. The solar panels will not be visually obtrusive to either of the neighboring
properties or when viewed from the lake.
Public Comments
No public comments were received at the time of the drafting of this memo.
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 variance (s), 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 variance(s)?
4. Are there any other issues or concerns with this application?
Planning Staff Recommendation
Planning Staff recommends approval.
NOTICE OF PLANNING COMMISSION ACTION
CITY OF ORONO
2750 Kelley Parkway
PO Box66
Crystal Bay, MN 55323
952.249.4620
TO: Able Energy Co.
Attn: Sean Barrett
7200 Hudson Blvd N
Oakdale, MN 55128
TYPE OF REQUEST: Variances
DATE OF MEETING: 18 July 2016
COPIES
via
email:
ZONING FILE:
DATE OF
NOTICE:
Sean Barrett
Tom Robb
#16-3849
18 July 2016
The Orono Planning Commission voted on a motion to recommend approval of the variances as
requested.
VOTE: 6 FOR 0 AGAINST
Applicant's next meeting is tentatively scheduled as: Monday, July 25 th
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.
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday,July18,2016
6:30 o'clock p.m.
6. #16-3849 ABLE ENERGY COMP ANY ON BEHALF OF TOM ROBB, 570 BIG ISLAND,
VARIAN CE, 8:04 P.M. -8:11 P.M.
Tom Robb, Applicant, was present.
Curtis stated the applicant is requesting a side yard setback and average lakeshore setback variance in
order to install solar panels on the roof of the existing cabin on the property. The existing 1950s cabin on
the property is situated as close as 1.2 feet from the west side lot line, which is the undeveloped right-of-
way to the lake and 64 feet lakeward of the average lakeshore setback based on the cabin at 560 Big
Island.
The applicant is proposing to install flush-mounted solar panels on the roof of the existing cabin. City
Code allows roof-mounted solar panels on the roof of a structure meeting all the required setbacks. The
required setback from a right-of-way on Big Island is 30 feet; therefore, variances are required in addition
to the average lakeshore setback variance .
Staff finds that due to the code requirement for solar panels and the existing cabin in a nonconforming
location, there is not a conforming way for the applicant to install solar panels on the property. Solar
panels will not be visually intrusive to the neighboring properties or when viewed from the lake. No
public comments have been received to date.
Staff recommends approval of the request.
Schoenzeit noted it is not expanding the roof area but is putting something on a house in a nonconforming
spot.
Curtis indicated that is correct.
Schoenzeit stated it is an allowed use on a house and it would not be extending over the roof area.
Tom Robb, Applicant, stated he is the property owner of 570 Big Island. Robb stated he would like to
install the solar panels on the roof of the cabin. Robb stated the reason the cabin is located where it is is
because they only owned the one lot at the time it was rebuilt and they acquired the other two lots later
on. Robb stated there was a pre-existing cabin in that location that was replaced.
Robb stated the solar panels will occupy approximately half of the roof area.
Acting Chair Lemke opened the public hearing at 8:10 p.m.
There were no public comments related to this application.
Acting Chair Lemke closed the public hearing at 8: 10 p.m.
McGrann moved, Leskinen seconded, to recommend approval of Application No. 16-3849, Able
Energy Company on behalf of Tom Robb, 570 Big Island, granting of a side yard setback and
Page 16 of 19
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday,July18,2016
6:30 o'clock p.m.
average lakeshore setback in order to install solar panels on the roof of the existing cabin, per
Stafr s recommendation. VOTE: Ayes 6, Nays 0.
#16-3841 CITY OF ORONO, TEXT AMENDMENT: FLOODPLAIN REGULATIONS, 8:
p. -8:20 P.M.
tated the proposed ordinance would modify Orono's existing floodplain ordinance to e
consistent ·th the National Flood Insurance Program. The NFIP has updated their model or ance
recently, and order for someone to be included in the national Flood Insurance Program, e City must
adopt floodplain lations by ordinance. Inclusion in the NFIP allows local property o ners to obtain
flood insurance, w h may be a requirement of some mortgages. Without insurance, :g perty owners
would not be able to r ance their mortgage or purchase a home with a loan.
The draft ordinance will rep ce Orono 's existing floodplain regulations and wou incorporate some
additional definitions utilized the City but follows the DNR recommended llinance closely. If the
Planning Commission recommen approval of the ordinance, it would then e sent to the DNR for their
review, followed by City Council re ·ew.
Barnhart noted the changes are highlighte
2. Page 4, Lines 17-25, additional informatio en included regarding the regulatory flood
protection elevation (RFPE).
3. Page 9, the two areas that the DNR has ommen ed as optional have been highlighted. The
first addition concerns the use of met ds to elevate tructures. The second addition is in regards
to alternative elevation methods ot r than the use of 1. Barnhart stated the Planning
Commission has the option of 1 ing those two items in he ordinance or to remove them.
Planning Staff recommends approv.: .
Leskinen noted Page 5, Lines 7-40 under Establishment of Zoning Dist ts, have the letters AE and A
and AE highlighted. Les · en asked whether there is any significance to th' highlighting.
Barnhart indicated those eas were highlighted so he can discuss those with e DNR so he can have a
better understanding the zoning districts. Barnhart stated no changes are be· made to that section .
McGrann asked · there is any concern that this will not be completed by Novembe 4 .
Barnhart s ted the next step is to forward it on to the DNR. Barnhart stated the chang are relatively
that Staff does not anticipate any problems receiving approval from the DNR.
does not respond or is not in support of them, he will pull those changes out of e ordinance
p to it going to the City Council and that he does not anticipate any problems meeting the ovember 4
eadline.
Lemke asked if the optional ones should remain.
Page 17 of 19
Date Application Received: 06/23/16
Date Application Considered as Complete: 07 /07 /16
60-Day Review Period Expires: 09/05/16
To:
From:
Date:
Chair Thiesse and Planning Commission Members
Jessica Loftus, City Administrator
Melanie Curtis, Planner mcc
14 July 2016
Subject: #16-3849, Able Energy Co., o/b/o Tom Robb, 570 Big Island,
Variances
Public Hearing
Application Summary: The applicant is requesting a side yard setback and average lakeshore
setback in order to install solar panels on the roof of the existing cabin.
Staff Recommendation: Planning Department Staff recommends approval.
List of Exhibits
Exhibit A.
Exhibit B.
Exhibit C.
Exhibit D.
Exhibit E.
Exhibit F.
Exhibit G.
Exhibit H.
Exhibit I.
Background
Application
Practical Difficulties Form
Proposed Survey/Site Plan
Proposed Plans
Septic Memo
City Code Excerpts
Aerial Photos
Property Owners List
Plat Map
The existing 1950's cabin on the property is situated as close as 1.2 feet from the west side lot
line (City right-of-way) and 64 feet lakeward of the average lakeshore setback, based on the
location of the home on the property to the east at 560 Big Island. The applicant is proposing to
install flush mount solar panels on the existing roof of the cabin. City Code Section allows roof
mounted solar panels on the roof of a structure meeting the required setbacks. The required
setback from a platted right-of-way on Big Island is 30 feet, therefore variances are required.
LOT ANALYSIS WORKSHEET
Section 78-570 & 78-1279 -Setbacks:
RS District Required Existing Proposed
Rear 30' 86' No change
Side Street (ROW) 30' 1.2' cabin No change 0.7' deck
East Side* 30' 93' No change
Lakeshore 75' 130' No change
Average Lakeshore The existing cabin is 64 feet lakeward of the average lakeshore setback.
*Note: the property is 142 feet wide.
Section 78-570 -Lot Area/Width:
RS District Lot Area
Required 217,800 s.f. (5.0 acres)
Lot Width
200'
FILE # 16-3849
14 July 2016
Page 2 of 4
Actual 32,729 s.f. (0.75 acre) 133' @75' / 142'@ OHWL
Applicable Regulations:
Side Setback Variance (Section 78-570)
The RS district requires a 30-foot setback from platted rights-of-way. The existing cabin is set
back 1.2' from the right-of-way and the elevated deck is 0.7' from the right-of-way. The code
permits roof mounted solar panels to be installed on buildings and stipulates that the required
structural setbacks must be met. A variance is required.
Average Lakeshore Setback Variance (Section 78-1279)
The cabin on the property to the east, which determines the average lakeshore setback, is
situated approximately 194 feet from the OHWL; the applicant's cabin is approximately 130 feet
from the OHWL. A variance is required.
Governing Regulation: Variance (Section 78-123)
In reviewing applications for variance, the Planning Commission shall consider the effect of the
proposed variance upon the health, safety and welfare of the community, existing and
anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect
on values of property in the surrounding area. The Planning Commission shall consider
recommending approval for variances from the literal provisions of the Zoning Code in instances
where their strict enforcement would cause practical difficulties because of circumstances unique
to the individual property under consideration, and shall recommend approval only when it is
demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning
Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties
also include but are not limited to inadequate access to direct sunlight for solar energy systems.
Variances shall be granted for earth-sheltered construction as defined in Minn. Stat.§ 216C.06,
subd. 2, when in harmony with this chapter. The board or the council may not permit as a
variance any use that is not permitted under this chapter for property in the zone where the
affected person's land is located. The board or council may permit as a variance the temporary
use of a one-family dwelling as a two-family dwelling.
According to MN §462.537 Subd. 6(2) variances shall only be permitted when:
1. The variance is in harmony with the general intent and purpose of the Ordinance. The
variances are minimal and generally consistent with the intent of the ordinance.
2. The variance is consistent with the comprehensive plan. The requested variances are
consistent with the residential goals within the comprehensive plan.
3. The applicant establishes that there are practical difficulties.
a. The property owner proposes to use the property in a reasonable manner not
permitted by the official controls; Installation of solar panels on the existing
cabin is a reasonable use of the property, the existing setbacks of the cabin
necessitate variances.
b. There are circumstances unique to the property not created by the landowner;
The cabin's location lakeward of the average lakeshore setback line and within
FILE# 16-3849
14 July 2016
Page 3 of 4
the required 30-foot side setback; the separation between the subject cabin and
the neighboring cabins; and the existing tree stands combined with the
elevation result in a unique circumstance not created by the landowner
allowing for the cabin and therefore the solar panels to be almost completely
screened from views off the property, and
c. The variance will not alter the essential character of the locality. The solar panels
will not be visually obtrusive and will screened from views from off of the
property adequately by existing vegetation and the topography.
Additionally City Code 78-123 provides additional parameters within which a variance may be
granted as follows:
4. Practical difficulties also include but are not limited to inadequate access to direct
sunlight for solar energy systems. Variances shall be granted for earth-sheltered
construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono
City Code Chapter 78. Orono's code permits only roof mounted solar panels to be
constructed. The roof of the nonconforming cabin is the only place where solar panels
are permitted on the property.
5. The special conditions applying to the structure or land in question are peculiar to such
property or immediately adjoining property. The cabin is an existing nonconforming
structure and the property contains a large number of mature trees for screening.
The topography increases as it moves away from the lake and toward the property at
560 Big Island. The property on the western side of the right-of-way is separated from
the applicant's cabin by approximately 30 feet and sits slightly below the applicant's
cabin. The proposed solar panels will not adversely impact adjacent properties.
6. The conditions do not apply generally to other land or structures in the district in which
the land is located. The proposal does not appear to be out of character with the area.
7. The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant. This criterion appears to be met.
8. The granting of the proposed variance will not in any way impair health, safety, comfort
or morals, or in any other respect be contrary to the intent of this chapter. The proposed
solar panels on the roof of the cabin will not impair the health, safety, comfort or
morals of the public.
9. The granting of such variance will not merely serve as a convenience to the applicant,
but is necessary to alleviate demonstrable difficulty. This statement is true.
The Commission may recommend or Council may impose conditions in granting of variances.
Any conditions imposed must be directly related to and must bear a rough proportionality to the
impact created by the variance. No variance shall be granted or changed beyond the use
permitted in this chapter in the district where such land is located.
Septic System Status
Please see the attached memo from Orono's Building Official, Roger Peitso, regarding the septic
system (Exhibit E).
Practical Difficulties
Applicant should be asked to discuss the Practical Difficulties regarding the application.
Practical Difficulties Analysis
Staff finds that due to the Code requirement for solar panels and the existing cabin on the
FILE# 16-3849
14 July 2016
Page 4 of 4
property in a nonconforming location, there is no conforming way for the applicant to install solar
panels on the property. The solar panels will not be visually obtrusive to either of the neighboring
properties or when viewed from the lake.
Public Comments
No public comments were received at the time of the drafting of this memo.
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 variance(s), 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 variance(s)?
4. Are there any other issues or concerns with this application?
Planning Staff Recommendation
Planning Staff recommends approval.
City of Orono
Variance Application
Street Address:
2750 Kelley Parkway
Orono, MN 55396
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:
PC Exhibit A
Please complete. Applicant will be notified within 15 days as to the status of the application.
Incomplete applications will not be placed on Planning Commission Agenda.
SITE LOCATION: 570 Big Island, Orono MN, 55391
DESCRPTION OF REQUEST: Installation of roof top mounted solar pv electric system
(attached additional sheets as necessary)
APPLICANT/ AGENT INFORMATION:
Applicant Name: Able Energy Co. -=---.,,.-:-,:--:=C.:....,-.,-----------------------------------P hone (Primary): (715)629-9335 -'----'-~-----------------------App Ii cant Email: sean@weknowsolar.com
Address: 7200 Hudson Blvd N City:Oakdale, MN ZIP: 55128
Applicant is: Contractor Homeowner (Circle One)
PROPERTY OWNER INFORMATION: D check here if property owner is same as applicant
Name: Tom Robb ---------------------------------------
Phone (Primary): --'-"(6:....:.1,::.2)'--'-7.:.;99"--""'32:..,7c..:8'------------------=---~-,------------
Mailing Address: 570 Big Island City: Orono MN ZIP: 55391
Email: stisland570@yahoo.com
APPLICANT/AGENT 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.
Applicant/Agent Signature: ___ 4.-,,µ;;;.~..;;;..;._...;..~-==--------Date: 06 I 23/2016
Applicant/Agent Signature:
Property Owner Signature:
Property Owner Signature:
______ ......., _________ Date: ____________ _
_ 0fi2:,;,.;:::;..--1-L-_...;cii1==-=JJ.,:i..,/C~r.._Jh,r;,1-'---Date: 06 I 2 3 / 2 o 16
________ R_EC_leL\O:_D _____ _
Variance Application -May 2016 JUN 2 3 2016 Page 2
CITY OF ORONO #, 3849
PC Exhibit 8
PRACTICAL DIFFICULTIES DOCUMENTATION FORM
This form is a required submittal for ALL variance applications. An application will not be considered
complete or placed on any meeting agendas until this form is complete and submitted to the City.
Minnesota State Statutes Section 462.357, Subdivision 6(2) requires that practical difficulties be demonstrated in
order for a variance to be granted. The difficulties must be unique to the property as variances run with the land
and not the land owner. Personal and economic situations are not considered valid practical difficulties. In order
for an application to be heard by the Planning Commission and City Council practical difficulties having merit must
be demonstrated.
HOW DO I PROVE A PRACTICAL DIFFICULTY?
This form has 12 points outlining the basis City staff uses to determine if practical difficulties exist and how the
variance will affect the surrounding community. To prove practical difficulties, address all the relevant points listed
below and answer them as clearly as possible.
Since you are requesting the code exception, you have the burden of proving that the variance is justified.
The information the City receives is what is used in determining a denial or approval recommendation. If you leave
something out it will not be considered.
Please address each of the twelve practical difficulties criteria as they relate to the request, if they do not apply,
write N/A in the space provided:
1. "The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter."
N/A
2. "The plight of the landowner is due to circumstances unique to his property not created by the landowner."
Yes, owner would like solar installed on his cabin that was built before set back requirements and does not
fit within the existing perimeters.
3. "The variance, if granted, will not alter the essential character of the locality."
Correct, it is flush rooftop mounted solar, fits in roof footprint.
4. "Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists
under the terms of the Zoning Chapter."
N/A
5. "Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy
systems. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes, Section
116J .06, Subd. 2, when in harmony with this Chapter."
Rooftop flush mounted solar PV electric system on existing cabin with minimal shading.
6. "The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not allowed
under this Chapter for property in the zone where the affected person's land is located."
N/A
6
Variance Application -May 2016
Page 4 ORONO # 3849
7. "The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family
dwelling."
N/A
8. "The special conditions applying to the structure or land in question are peculiar to such property or immediately
adjoining property."
N/A
9. "The conditions do not apply generally to other land or structures in the district in which said land is located." N/A
10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right
of the applicant."
Yes, Solar PV Electric is economically and environmentally responsible.
11. "The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other
respect be contrary to the intent of the Zoning Code."
Solar Energy allows for reduced pollution, increases health of the community.
12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to
alleviate demonstrable difficulty."
N/A
Practical Difficulties Statement
Should you feel the practical difficulties cannot fully be described in the above criteria, describe the practical
difficulties preventing compliance with Zoning Ordinance requirements in the following lines (attach additional
sheets if necessary):
RECEIVED
2 3 16
OFORONO
Variance Application -May 2016
Page 5
# 3849
...........
............
............ .......__
Tom Robb
570 Big Island
Orono, MN 55331
ELEVATED
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2) ADDRESS OF THE
SUBJECT PROPERTY: 570 BIG
ISLAND, ORONO, MN 55331
P.I.D.:22-117-23-31-0029
3) PARCEL AREA: 32,729
SQ. FT .
W/CAP J2755 4) BEARING BASIS IS
ASSUMED.
5) DATE OF FIELDWORK:
6-16-2016
142:1:
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OR01NARY HIGH WAn,RM ' N N £ r lo
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6) CONTOURS FROM
HENNEPIN COUNTY GIS
Scale, In Feet
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LEGEND:
• FOUND IRON PIPE
(AS NOTED)
0 SET 1 /2" REBAR
W/CAP #44109
~ POWER POLE (WITH GUY ANCHOR)
ICl COMMUNICATIONS PEDESTAL
-----
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LE:VtL ::::: 929.4
I hereby certify that this survey, plan, or report was
prepared by me or under my direct supervision and
that I am a duly Licensed Land Surveyor under the
laws of the state of Minnesota.
SIGNED: a·:;•
Travis W. Van Neste, Minnesota Professional Surveyor #44109
Michigan Professional Surveyor #46695
JOB# 2016036 ISSUED: 6-21-2016
DRAWN BY: TWVN REV:
SCALE: 1 " = 30 FEET
VAN NESTE SURVEYING
PROFESSIONAL SURVEYING SERVICES
85 WILDHURST ROAD EXCELSIOR, MN 55331
PHONE (952) 686-3055 TOLL-FREE FAX (866) 473-0120
WWW.YANNESTESURYEYING.COM
JD
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pc Exhibit D I
r "I
Note:
No Overhead
Obstructions
'
rEquipment List: "I
Panels: (18) Heliene 280W
Mono
Inverter: SolarEdge
SE5000A-US
Racking: Iron Ridge
Attachment: Ejot
Roof: Asphault Shingle
Mount: Flush Mount
Customer:
TommRobb
570 Big Island
Wayzata MN 55391
612-799-3278
Project Information:
5.04kW Roof Mount PV
Solar System
#PV-SP-101
(Site Plan)
Installer:
Able Energy Corp.
265 Mound View Rd.
River Falls, WI 54022
(715) 629-9335
'1--.:wv;.WtKnowSotar.com
' .,
,_. 3'
Chimney
"'7'
Note:
There are no overhead
obstructions.
Equipment List:
Modules: (16) Heliene 280w
Mono
Inverter Type:(16) Sunny Boy
SB240-us-99-10
Attachment Type:EJOT Flashing
Racking Type: Iron Ridge
RoofType: Asphault Shingle
Customer:
Tom Robb
53 Big Island
Wayzata, MN
55391
Project Information:
4.48kW Roof
Mounted Solar PV
System
#PV-LO-101
(PVLayout)
Installer:
Able Energy Corp.
265 Mound View Rd.
River Falls, WI 54022
(715) 629-9335
Melanie Curtis
From:
Sent:
To:
Cc:
Subject:
Melanie,
Roger Peitso
Thursday, July 14, 2016 11:24 AM
Melanie Curtis
Jeremy Barnhart; Christine Mattson
570 Big Island
PC Exhibit E
The septic system for 570 Big Island is currently non, compliant due to not meeting the 3 foot separation requirement in
a Shore Land Area. There has been no reports for the system being an imminent public health threat and was showing
no signs of surfacing when last inspected. The solar panels would be a upgrade to the mechanical and or electrical
system so a permit can be issued for this work as allowed by City of Orono Code Sec. 58-47(b)3.
City of Orono
Roger Peitso
Building Official
City of Orono
Phone: 952-249-4600
Direct: 952-249-4625
Email: rpeitso@ci.orono.mn.us
Fax: 952-249-4616
1
PC Exhibit F
Sec. 78-570. -Yard and setback requirements.
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.
(Note: The following has been edited by Staff so as to to include only Solar
Energy System references for ease of review.)
Sec. 78-1379. -Alternative energy systems.
(a) Scope. Section 78-1379 applies to alternative energy systems in all zoning districts.
(b) Purpose and intent. The purpose and intent of this section is to establish standards and procedures
by which the installation and operation of alternative energy systems shall be regulated within the c ity.
The city finds that it is in the public interest to encourage alternative energy systems that have a
positive impact on energy production and conservation while not having an adverse impact on the
community.
(c) Definitions . For the purpose of section 78-1379, the following definitions shall apply unless the context
clearly indicates or requires a different meaning.
(1) General definitions.
Accessory. A system designed as a secondary use to existing buildings or facilities, wherein the
power generated is used primarily for on-site consumption .
Alternative energy system. A ground source heat pump , wind energy conversion system , hydronic
furnace or solar energy system.
(3) Solar energy systems definitions .
Building-integrated solar energy system . A solar energy system that is an integral part of a
principal or accessory building, rather than a separate mechanical device, replacing or
substituting for an architectural or structural component of the building including , but not limited
to, photovoltaic or hot water solar systems contained within roofing materials , windows, skylights
and awnings .
Page 1
Flush-mounted sole 1ergy system . A roof-mounted system me 9d directly abutting the roof.
The pitch of the sola r collector may exceed the pitch of the roof ui:, ,u five percent but shall not be
higher than ten inches above the roof.
Passive solar energy system. A system that captures solar light or heat without transforming it to
another form of energy or transferring the energy via a heat exchanger.
Photovoltaic system. A solar energy system that converts solar energy directly into electricity.
Solar energy system. A device or structural design feature, a substantia l purpose of which is to
provide daylight for interior lighting or prov ide for the collection , storage and distribution of solar
energy for space heating or cooling , electricity generation or water heating .
(e) Solar energy systems.
(1) Zoning districts. Solar energy systems in accordance with the standards in this section are
allowed as a permitted accessory use in all zoning districts .
(2) Standards .
a. Exemption . Passive or building-integrated solar energy systems are exempt from the
requirements of this section and shall be regulated as any other building element.
b. Roof-mounted systems allowed. The only solar energy systems allowed in the city are those
that are roof-mounted ,
c . Height. Roof-mounted solar energy systems shall comply with the maximum height
requirements in the applicable zoning district.
d . Setbacks. Roof-mounted solar energy systems shall comply with all building setbacks in the
applicable zoning district and shall not extend beyond the exterior perimeter of the building
on which the system is mounted.
e . Roof mounting. Roof-mounted solar collectors shall be mounted parallel to the surface of the
roof and within three feet of the roof surface , unless manufacturer's documentation is
provided indicating that collectors must be angled to provide optimum performance . No
portion of the collectors or their mounting system shall extend above the peak or ridge height
of a pitched roof. On a flat roof, collectors and their mounting systems shall not extend more
than 5 feet above the roof surface .
f. Easements . Solar energy systems shall not encroach on public drainage, utility, roadway or
trail easements.
g. Screening. Solar energy systems shall be screened from view to the extent possible without
impacting their function .
h. Maximum area . In all residential zoning districts , the collector and mounting system of a roof-
mounted solar energy system shall cover no more than 70 percent of the roof to which it is
affixed.
i. Aesthetics. All solar panels shall be designed, installed , positioned and constructed of
materials so as not to cause any glare or reflective sunlight onto neighboring properties or
structures , nor toward vehicular traffic on land or on a lake , and so as to not obstruct views .
Reflection angles from collector surfaces shall be oriented away from neighboring windows.
Where necessary, screening may be required to address glare .
j. Feeder fines . The electrical collection system shall be placed underground within the interior
of each parcel. The collection system may be placed overhead near substations or points of
interconnection to the electric grid.
(3) Safety.
a. Standards and certification .
1. Certification . Solar energy systems shall be certified by Underwriters Laboratories , Inc.
and the National Renewable Energy Laboratory, the Solar Rating and Certification
Corporation or other body as determined by the building official. The city reserves the
Page 2
right to < r a building permit for proposed solar e' 1Y systems deemed to have
inadequate; certification.
2. The equipment or device must be designed and constructed in compliance with all
applicable building and electrical codes, and (if for co-generation) must be in
compliance with all state and federal regulations regarding co-generation of energy.
b. Utility connection. All grid connected systems shall have an agreement with the local utility
prior to the issuance of a building permit. A visible external disconnect must be provided if
required by the utility.
(4) Abandonment. If the solar energy system remains nonfunctional or inoperative for a continuous
period of one year, the system shall be deemed to be abandoned and shall constitute a public
nuisance. The owner shall remove the abandoned system at their expense after a demolition
permit has been obtained. Removal includes the entire structure including transmission
equipment.
(5) Permits. A building permit shall be obtained for any solar energy system prior to installation.
Page 3
Facing west from neighboring property at 560 Big Island
"O
()
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CT ;:.:
~
RUN DATE: 07/01/2016 HENN. < COUNTY PROPERTY INFORMATION SYSTEM (PROP, I OWNERS LIST)
38 22-117-23 24 0001
GERALD A ERICKSON JR ET AL
720 BIG ISLAND
ORONO MN 55331
GERALD A ERICKSON JR
4567 AMERICAN BL VD W
MINNEAPOLIS MN 55437
38 22-117-23 24 0006
RECREATION POINT LLC
38 ADDRESS UNASSIGNED
ORONO MN 00000
RECREATION POINT LLC
387 MARGARET CIR
WAYZATAMN 55391
38 22-117-23 24 0011
WE BRYSON II & TL BRYSON
670 BIG ISLAND
ORONO MN 55331
WILLIAM E BRYSON II
THELMA L BRYSON
3082 WILLOW DR
MEDINA MN 55340
38 22-117-23 31 0001
FAUS FAMILY INVESTMENTS LP
550 BIG ISLAND
ORONO MN 55331
FAUS FAMILY INVESTMENTS LP
3810YORKAVES
MPLS MN 55410
38 22-117-23 31 0002
CHRISTIAN FML Y CHURCH ET AL
560 BIG ISLAND
ORONO MN 55331
CHRISTIAN FAMILY CHURCH &
WORLD OUTREACH CENTER INC
2300 HERITAGE PL N W
OWATONNA MN 55060
38 22-117-23 31 0020
JANET MARIE FIEGER
590 BIG ISLAND
ORONO MN 55331
JANET MARIE FIEGER
275 S SUTTON LAKE BLVD
JORDAN MN 55352
38 22-117-23310028
CINDA COLLINS REVOC TR ET AL
650 BIG ISLAND
ORONO MN 55331
CINDA J COLLINS
301 KENWOOD PKWY #301
MINNEAPOLIS MN 55403
38 22-117-23 31 0029
SELDEN THOMPSON ROBB JR
570 BIG ISLAND
ORONO MN 55331
SELDEN THOMPSON ROBB JR
5010 MANITOU RD
EXCELSIOR MN 55331
38 22-117-23 31 0030
PAMELA A MILLER
640 BIG ISLAND
ORONO MN 55331
PAMELA A MILLER
640 BIG ISLAND
EXCELSIOR MN 55331
38 22-117-23310031
JANET MARIE FIEGER
580 BIG ISLAND
ORONO MN 55331
JANET MARIE FIEGER
275 S SUTTON LAKE BL VD
JORDAN MN 55352
38 22-117-23 31 0032
WEBSTER A HILL
620 BIG ISLAND
ORONO MN 55331
WEBSTER ALAN HILL
PO BOX 27
LONG LAKE MN 55356
38 22-117-23 31 0033
T J LAPPING & V L LAPPING
610 BIG ISLAND
ORONO MN 55331
THOMAS J & VENA L LAPPING
8200 KINGSLEE RD
BLOOMINGTON MN 55438
38 22-117-23 31 0034
D L ADAMS & B D ADAMS TRSTS
600 BIG ISLAND
ORONO MN 55331
DONNA LEE ADAMS
203 MILL ST #202
EXCELSIOR MN 55331
38 22-117-23 31 0035
CINDA COLLINS REVOC TR ET AL
650 BIG ISLAND
ORONO MN 55331
CINDA J COLLINS
301 KENWOODPKWY#30I
MINNEAPOLIS MN 55403
38 22-117-23 31 0036
JEFFREY A PERSON SUBJ/L E
630 BIG ISLAND
ORONO MN 55331
JEFFREY A PERSON
17345 9TH A VEN
PLYMOUTH MN 55447
# 3849
PC Exhibit H
RECEIVED
JUL O "1' 16
CITY OF ORONO
Hennepin County has developed electronic forms of certain property information databases. Hennepin County makes reasonable efforts to produce
and publish the most current property information available. The viewer should understand, however, that Hennepin County makes no
representation or warranties, either express or implied, or as to merchantability or fitness for a particular purpose regarding the accuracy
and/or completeness of the information contained herein.
RECEIVED
0 7 16
CITY OF ORONO
H Hennepin County Locate & Notii,-Map PC Exhibit I
Provided By : Resident and Real Estate Services
L --------,--------
22-117-23-23
22-117-23-32
22-117-23-32
Buffer Size: 350 feet
Map Comments:
PIO : 2211723310029
22-117-23-24
(11)
Owner: SELDEN THOMPSON ROBB JR
Address : 570 B ig Island
Orono MN 55331
(6)
(28)
22-17-23-31
(20) (31)
(29) (2)
22-117-23-31
RECEIVED
JUL O 7 2016
CITY OF ORONO
Date : 7/1/2016
(1)
0 60 120
I I I I I
(1)
240 ft
I I
For more information contact:
Hennepin County GIS Office
300 6th Street South
Minneapolis , MN 55487
gis .info@hennepin .us
# 3849
..
PC NOTES 071816: #16-3849, Able Energy Co ., o/b/o Tom Robb, 570 Big Island,
Background
The applicant is requesting a side yard setback and average lakeshore setback in order to install
solar panels on the roof of the existing cabin on the property. The existing 19S0's cabin on the
property is situated as close as 1.2 feet from the west side lot line which is an undeveloped City
right-of-way and is 64 feet lakeward of the average lakeshore setback. The applicant is
proposing to install flush mount solar panels on the existing roof of the cabin . City Code Section
allows roof mounted solar panels on the roof of a structure meeting the required setbacks. The
required setback from a platted right-of-way on Big Island is 30 feet, therefore variances are
required.
Staff finds that due to the Code requirement for solar panels and the existing cabin on the
property in a nonconforming location, there is no conforming way for the applicant to install solar
panels on the property. The solar panels will not be visually obtrusive to either of the neighboring
properties or when viewed from the lake .
Public Comments
No public comments were received at the time of the drafting of this memo.
Planning Staff Recommendation
Planning Staff recommends approval.
f7#JHV ht~
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~c(i5)vRnr1 ( ~Friun
2'1,
AFFIDAVIT OF PUBLICATilJ1~
STATE OF MINNESOTA ) ss
COUNTY OF CARVER
Charlene Vold being duly sworn on an oath,
states or affirms that he/she is the Publisher's
Designated Agent of the newspaper(s) known
as:
The Laker, The Pioneer
with the known office of issue being located
in the county of:
CARVER
with additional circulation in _the counties-of:
HENNEPIN
and has full knowledge of the facts stated
below :
(A) The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provided
by Minn . Stat. §33 IA.02 .
(B) This Public Notice was printed and pub-
lished in said newspaper(s) once each
week , for 2 successive week(s); the first
insertion being on 07/02/2016 and the last
insertion being on 07/02/2016.
MORTGAGE FORECLOSURE NOTICES
Pursuant to Minnesota Stat. §580.033
relating to the publication of mortgage
foreclosure notices : The newspaper complies
with the conditions described in §580.033 ,
subd. I, clause (I) or (2). If the newspaper's
known office of issue is located in a county
adjoining the county where the mortgaged
premises or some part of the mortgaged
premises described in the notice are located,
a substantial portion of the newspaper's
circulation is in the latter county.
By: _____;:;_~~'---""----Yc_D_l1L-=---
Designated Agent
Subscribed and sworn to or affirmed before
me on 07/02/2016 by Charlene Vold.
~Yn~
Notary Public
Rate Information:
(1) Lowest classified rate p a id by commercial users
for comparable space :
$15.00 per column inch
Ad ID 567849
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 July,
18, 2016, beginning at 6:30 p.m. on
the matter of reviewing the follow-
ing land use applications:
16-3839 Revision, LLC on be-
half of Steven Erickson and Sharon
Nesbitt, 865 Ferndale Road W, re-
quests a lake setback variance, a
side yard setback variance and a
Tier 1 hardcover variance in order
to construct a garage addition to
the existing home within the 75-
foot setback from the OHWL of the
lake.
16-3841 City of Orono, Zon-
ing Code Amendment regarding
Floodplain regulations in all zoning
districts.
16-3845 Tim & Julie Druk, 1240
Arbor Street, request lot area and
lot width variances as well as side
yard, side street, and front yard
setback variances in order to con-
struct a new single family residence
on the property.
16-3846 Gregg Katchmark,
140 Leaf Street, requests a creek
setback variance and a hardcover
variance in order to construct a
larger covered porch over an exist-
ing elevated deck within 75-feet of
the OHWL of the creek.
16-3847 Charles Cudd, LLC
on behalf of DDK, LLC, 2525, 2535
and 2545 Shadywood Road, re-
quests Preliminary Plat Approval,
Rezoning from B-4 Commercial
and LR -1B to RPUD, Comprehen-
sive Plan Amendment from Mixed
Use Residential and Low-Medium
Density Residential to Medium
Density Residential , all to facilitate
a single family residential subdivi-
sion.
16-3849 Able Energy on be-
half of Tom Robb, 570 Big Island,
requests a side street setback vari-
ance and an average lakeshore
setback variance in order to install
roof-mounted solar panels on the
roof of the existing cabin within the
side street yard and lakeward of the
average lakeshore setback.
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 sub-
mitted to the City of Orono by July
12, 2016 if possible. Interested
persons may review the applica-
tions and proposed ordinance lan-
guage at City offices or by visiting
the City's Website at www.ci.orono .
mn.us. For an appointment, please
call (952) 249-4620.
City of Orono
By: Planning Commission
Jeremy Barnhart
Community Development Director
Published in
The Laker, The Pioneer
July 2, 2016
567849
CITY OF 0ROM:J.:.tkf f;~.t::/::-tf=~~.'.:.Jt.l::·).J ~~.(~/~%: .~)~::"t~~i ··
PO BOX 66
CRYSTAL BAY,;.M~ .. §ett_3j)._q\~s .. Pt\:f
RETURN SERVICE REQUESTED
~~ ~ ".e ..
C}'?--r 72 ~
Pamela Miller OA' 00'
640 Bi g Island 0~
ZIP 55356
041L11253434
■
NI XIE
Excel~ior MN .;,n ,04
S'5 3 5 E 0Q 07, l:0/11 ■
#16-3849
sc:
I-•t>•:::· .. ::··:::··:::·
RETURN TO SEN.DER
NO MAIL RECEPTACLE
NAB E TO FORWARD
-I
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 #16-3849 was mailed to the
attached list of property owners.
In Witness Whereof, I have hereunto set my hand and seal this 7th day of July,
2016.
Rl!N tHn:: 07/0lfl014 1n:Nrit:PIN C'OlIN1'Y PROl'f,lff\' INFORMATION SYSTEM (PROPERTY OWNERS UST) PAGF.:1
~H i,; I 17•l.1 24 tll]() I
<ll:RAl.ll A !·.lm'KSON m HT AL
720lllll ISi /\Nll
ORONO MN ~,,11
Gl'Ri\l.l> A FlU( 'KSt >N JI{
4567 AMl'RICAN UI.Vl)\\'
MINNl~'\1'01.IS MN ~~H7
.18 22-117-2UHIOOt,
RECREATION l'OlNl' Ll.C
Jg Al)DRf.SS UNAS:ilGNW
ORONO MN OOOtlll
REC'REATION POINT U.C
387 MARGARET CIR
WAYlATAMN SS3•ll
38 22·117-2~ 2,l 0011
WE BRVS()N II & TI. IIRYSON
670 B.10 ISi.AND
ORONO MN 5$,131
WILLIAM lrnRYSON II
THELMA !. llRYSON
3082 WU.LOW OR
MEDINA MN 55340
38 22-117-23 :II 0001
· FAUS FAMlLY INVESTMENTS LP
550 BIG ISLAND
ORONO MN 55331
FAUS FAMILY INVESTMENTS LP
3810 YORK AVES
MPI.S MN 55410
38 22-117-23 31 0002
CHRISTIAN FML Y.CHllRCtl ET AL
560 BIG ISi.AND
ORONO MN 55331
CHRJStlAN FAMILY CHURCH &
WORLD OUTREACH CENTER INC
2300 HERITAGE PL N W
OWATONNA MN 55060
38 22· 117-23 31 0020
JANET MARIE FIEGER
590 BIG ISLAND
ORONO MN 55331
JANET MARIE FIEGER
275 S SUTTON LAKE BLVD
JORDAN MN 55352
38 22-117-23 31 0028
CINDA COLLINS REVOC TR ETAL
650 BIG ISLAND
ORONO MN 5533 I
CINDA J COLLINS
301 KENWOOD PKWY 11301
MINNEAPOLIS MN 55403
38 22-117-23 3 I 0029
SELDEN THOMPSON ROBB JR
570 BIG ISLAND
ORONO MN 55331
SELDEN THOMPSON ROBB JR
SOJO MANITOU RD
EXCELSIOR MN 55331
38 22-117-23 31 0030
PAMELA A MILLER
640 BIG ISLAND
ORONO MN 55331
PAMELA AMlLLER
640 BIG ISLAND
EXCELSIORMN 55331
38 22-117-23 310031
JANET MARIE HEGER
580 BIG ISi.AND
ORONO MN 55331 .
JANET MARIE FJEGER
275 S SUTTON I.AKE BI.VD
JORDAN MN 55352
38 22-117•23 3 I {)032
WEBSTER A fllLL
620 UIG ISLAND
ORONO MN 5$331
WEBSTER AL/\N HILL
PO BOX 27
LONG !,AKI: MN 55356
38 22-117-23 310033
TJ I.Al'l'INO & V L LAPPING
610 BIO ISLAND
ORONO MN S533 l
TllOMAS J & VENAL LAPPING
8200 KINGSLEE IW: :.
. BLOOMINGTON MN 55438
38 22• I I 7-23 31 0034
D L ADAMS & B D ADAMS TRSTS
600 BIG ISLAND
ORONOMN553Jl
DONNA LEE ADAMS
203 MILL ST 11202
EXCELSIOR MN 55331
38 22-117-23 31 0035
CINDA COLLINS REVOC TR ETAL
6S0 BIG ISLAND
ORONO MN 5533 l
CINDA J COLLINS
301 KENWOOD PKWY #301
MINNEAPOLIS MN 55403
38 22-117-23 31 0036
JEFFREY A PERSON SUBJ/L E
630 BIG ISLAND
ORONO MN 55331
JEFFREY A PERSON
17345 9TH AVE N
PLYMOUTH MN 55447
#3849
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 July, 18, 2016, beginning at 6:30 p.m. on the matter of reviewing the
following land use applications:
16-3839
16-3841
16-3845
16-3846
16-3847
16-3849
Revision, LLC on behalf of Steven Erickson and Sharon Nesbitt, 865 Ferndale Road W,
requests a lake setback variance, a side yard setback variance and a Tier 1 hardcover
variance in order to construct a garage addition to the existing home within the 75-foot
setback from the OHWL of the lake.
City of Orono, Zoning Code Amendment regarding Floodplain regulations in all zoning
districts.
Tim & Julie Druk, 1240 Arbor Street, request lot area and lot width variances as well as
side yard, side street , and front yard setback variances in order to construct a new single
family residence on the property.
Gregg Katchmark, 140 Leaf Street, requests a creek setback variance and a hardcover
variance in order to construct a larger covered porch over an existing elevated deck within
75-feet of the OHWL of the creek.
Charles Cudd , LLC on behalf of DOK, LLC , 2525, 2535 and 2545 Shadywood Road,
requests Preliminary Plat Approval, Rezoning from B-4 Commercial and LR -1 B to RPUD ,
Comprehensive Plan Amendment from Mixed Use Residential and Low-Medium Density
Residential to Medium Density Residential, all to facilitate a single family residential
subdivision.
Able Energy on behalf of Tom Robb, 570 Big Island, requests a side street setback
variance and an average lakeshore setback variance in order to install roof-mounted solar
panels on the roof of the existing cabin within the side street yard and lakeward of the
average lakeshore setback.
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 July 12, 2016 if possible. Interested persons may review the applications and
proposed ordinance language at City offices or by visiting the City's Website at www.ci.orono.mn.us. For
an appointment, please call (952) 249-4620.
City of Orono
By : Planning Commission
To be published in The Laker & The Pioneer Newspapers on July 2, 2016.
Posted at: Orono City Offices
Crystal Bay Post Office
Long Lake Post Office
Navarre Post Office
2
Melanie Curtis
From: Melanie Curtis
Sent:
To:
Cc:
Monday, May 23, 2016 3:37 PM
'sean@weknowsolar.com'
Roger Peitso; Jeremy Barnhart
Subject: Variance for solar panels at 570 Big Island
Attachments: Variance Application -May 2016.pdf; Land Use Information Packet Jan 2016.pdf
Sean
Attached is the variance application and the land use information packets (for more detailed information). The deadline
for submittal is June 22nd by noon; the 1st meeting will be on July 18th and the 2nd meeting August 8th. You should
provide all of the submittal requirements listed -if one or more is not applicable or seems excessive check with me.
Regarding the survey, a simplified survey can be submitted showing the following:
• The property boundary;
• The footprint of the existing cabin/home on the property;
• The boundary of the adjacent right of way; and
• The lake side edge of the homes on either side of 570 Big Island.
If you need more clarification please let me know.
Thanks!
Melanie
Melanie Curtis, Planner
Direct 952.249.4627
Planning & Zoning Office 952.249.4620
2750 Kelley Parkway, Orono, MN 55356
Email: mcurtis@ci.orono.mn.us
Website: www.ci.orono.mn.us
1
City of Orono
Variance Application
Street Address :
2750 Kelley Parkway
Orono, MN 55356
Main : 952-249-4600
fax : 952-249-4616
Mailing Address :
P .O. Box 66
Crystal Bay, MN 55323-0066
Application #
Date Received:
Staff:
Fee:
Escrow# & $
Permit Fee
Notes:
PC Exhibit A
Please complete . Applicant will be notified within 15 days as to the status of the application .
Incomplete applications will not be placed on Planning Commission Agenda.
SITE LOCATION: 570 Big Island, Orono MN, 55391
DESCRPTION OF REQUEST: Installation of roof top mounted solar pv electric system
(attached additional sheets as necessary)
APPLICANT/ AGENT INFORMATION:
Applicant Name: Able Energy Co. ___ __;;;_:__ ________________________________ _
Phone (Primary): (715)629-9335 ~~-=----,----,--------------------App Ii cant Email: sean@weknowsolar.com
Address: 7200 Hudson Blvd N City: Oakdale , MN ZIP : 55128
Applicant is: Contractor Homeowner (Circle One)
PROPERTY OWNER INFORMATION: □ check here if property owner is same as applicant
Name: Tom Robb --------------------------------------
Phone (Primary): ---'-'(6'-'1=2.L..:.)7-=-9-=-9--=3=2-=-78"------------------------------
Mailing Address: 570 Big Island City: Orono MN ZIP: 55391
Email : stisland570@yahoo.com
APPLICANT/AGENT 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.
Applicant/ Agent Signature: ___ 4'""":,..,c-'----'~~='------Date: 06/23/2016
Applicant/ Agent Signature :
Property Owner Signature:
Property Owner Signature:
--~----....,,_.,__ ________ Date:
_____,~;:...:::--1-L-...=s:=--=.£J-&"'-~.,.,c.1-~-Date: O 6 I 2 3 / 2 O 16
REC lsL"~D -----------------------------
Variance Application -May 2016 JUN 2 3 2016
Page 2
CIT'l OF ORONO # 3849
;
For Office Use Only:
City Planner:
City of Orono
Variance Pre-Application
Meeting Form
(This form is to be completed by a City Planner during your pre-application meeting.)
Meeting Date/Time:
PC Date: ____________ _ Met with:
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:
Site Address: 570 Big Island, Orono MN, 55391
Property Identification Number (PIN):
Zoning District: ______ Size of Property:
DESCRIPTION OF VARIANCE REQUEST:
□ Average Setback □ Side Yard Setback □ Rear Yard Setback □ Lake/Front Yard Setback
□ Hardcover Tier 1 □ Hardcover Tier 2 □ Hardcover Tier 3 □ Hardcover Tier 4
□ Lot Coverage □ Lot Area □ Lot Width
129 Other: Rooftop Mounted Solar PV Electric System on a cabin roof on an existing property that does not fit
Orono's existing setback requirements.
Applicant's PRACTICAL DIFFICULTIES: Owner and/or Applicant has received the Practical
Initials: Difficulties Documentation Form, understands it as it has been explained to them,
Owner's and is aware that it must be completed and submitted in conjunction with their
Initials: formal variance application.
Applicant's BILLS AND ESCROW: Owner and/or Applicant shall pay for consultant expenses
Initials: incurred in review of this application and/or additional staff time not covered in initial
Owner's application fee, as well as provide an escrow in the amount of $
Initials: guarantee payment of the above.
OTHER INFORMATION:
*Please note: Your variance application will NOT be accepted without a pre-application meeting during
which this form will be completed by City staff.
Applicant Signature: ~
Owner Signature: 0 f'.,G £h
Date: ------
RECEIVE
Date:
06/23/2016
06/23/2016
Variance Application -May 2016 JUN 3
to
Page 3
OF ORONO ,# 3849
DATA PRIVACY ADVISORY
In accordance with Minnesota State Statute 13.04 Rights of Subjects of Data, Subd. 2, "Tennessen warning", we
would like to inform you that your request for a permit or license from the City of Orono or any of its departments
may require you to furnish certain private or confidential information.
You are notified that:
1. The information you furnish will be used to determine your qualification for the permit or license
requested.
2. You may refuse to supply data, but refusal may require that the City deny the permit or license.
3. The information may be shared with other local, state or federal agencies to the extent necessary
to process the permit or license.
4. If your requested permit or license requires Council action to approve, some information may
become public.
5. You have certain rights under Minnesota State Statute 13.04 (see following page) to review private
data on yourself.
6. Your full name is required to process this application or permit.
Seldon Tom Robb
First Middle Last
570 Big Island
Address
Orono MN 55391 (612)799-3278
City State Zip Phone
Variance Application -May 2016
Page 10
# 3849
Sign at u re Ce rt i fi cat e
0 Document Reference: 4HCYLYJ8TL78X2JUHF5UHA
RlghtS1gnature
fvlulti-Factor
Digital Fingerprint Cliecksum
Multi-Factor
Digital Fingerprint Check,,um
Timestamp
20"!6-06-23 ~2:31:5'i -0700
20~b-Of~-23 12:31 :51 -0700
20!0-0C->L3 '12:09:2.E -0700
2016-06-23 09 27 21 -0700
2016-06-23 09·26:05 -0700
2016-06-:23 09:'i3:56 -0700
Easy Online Document Signing
Seldon Tom Robb
Party ID: TT9ID2JX82RL895E2M3372
IP Address: 70.197.226.220
eed7273bcc7ee7cadd3fe63f06f765b2c23c62c3
Sean Barrett
Party ID: W8AXLKING382WR7CV7W5G3
IP Address: 68.46.33.12
sean@weknowsolar.com
084568d508673d29d2cacea8c7c1la7f4aeec29d
Audit
All parties have signed document. Signed copies sent to: Catt Roose, Seldon
Tom Robb, and Sean Barrett.
Document signed by Seldon Tom Robb (stisland570@yahoo.com) with drawn
signature. -65.248.218.217
Document viewed by Seldon Tom Robb (stisland570@yahoo.com). -70.197.226.220
Document signed by Sean Barrett (sean@weknowsolar.com) with drawn signature.
-68.46.33.12
Document viewed by Sean Barrett (sean@weknowsolar.com). -68.46.33.12
Document created by Catt Roose (catt@weknowsolar.com). -73.88.6.55
RECEIVED
JUN 2 3 2016
OF ORONO
This signature page provides a record of the on line
activity executing this contract. Page 1 of 1
# 3849
LAND USE APPLICATION ESCROW AGREEMENT
Application# ____________ _
AGREEMENT made this 23 day of June , 20~, by and between the CITY OF ORONO ,
a Minnesota municipal corporation ("City ") and """"A"""b"""l-=-e-=E'"'"n'""e"'""rq..,y'--C=o·'-----------------
[a corporation -optional) ("Owners ").
Recitals
1. Owners have filed Zoning Application # ___ _ _ ___ formally requesting the City to
review plans for a Rooftop flush mounted solar pv electric system
addressed : 570 Big Island , Orono MN , 55391
located at the property
(the "Subject Property ")
legally described as Seldon Tom Robb Residence
2. Owners request the City to review said plans which requires City approval and may require
consulting legal and/or engineering review.
3. The City is willing to commence its review of the application and incur costs associated with said
review only if the Owners establish an escrow to ensure reimbursement to the City of its costs .
NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. DEPOSIT OF ESCROW FUNDS. Contemporaneously with the execution of this Escrow
Agreement, the Owners shall deposit $ _____ with the City. All accrued interest, if any, shall be paid to the
City to reimburse the City for its cost in administering the escrow account.
2. PURPOSE OF ESCROW. The purpose of the escrow is to guarantee reimbursement to the City
for all out-of-pocket costs the City has incurred (including planning , engineering, or legal consultant review) or will
incur in meeting with the Owners, reviewing the plans, and preparing agenda packet material for City Council review
of application #___ _ ____ . Eligible expenses shall be consistent with expenses the Owners would
be responsible for under a land use application .
3. MONTHLY BILLING. As the City receives consultant bills for incurred costs , the City will in turn
send a bill to the Owners. Owners shall be responsible for payment to the City within 30 days of the Owners ' receipt
of bill.
4 . DISBURSEMENT FROM ESCROW ACCOUNT . In the event that the Owners do not make
payment to the City within the timeframe outlined in #3 above , shall cease all reviews until the Owners pay all
expenses invoiced pursuant to #3. The City may draw from the escrow account without further approval of the
Owners to reimburse the City for eligible expenses the City has incurred.
5. CLOSING ESCROW. The Balance on deposit in the escrow, if any, shall be returned to the Owners
when all requirements related to the project are complete . City Staff shall review the terms of this escrow agreement
two times per year to determine whether the requirements of the project have been successfully completed and
whether it is appropriate to return the funds . Owner may also request the release of the funds , and such funds shall
be released upon City Staff receiving the appropriate verification that all requirements of the project have been
successfully completed .
6. CERTIFY UNPAID CHARGES. If the project is abandoned by Owners , or if the eligible expenses
incurred by the City exceed the amount in escrow, the City shall have the right to certify the unpaid balance to the
subject property pursuant to Minn. Stat. §§ 415 .01 and 366 .012.
CITY: CITY OF ORONO N/A
By :---------------..----,---
OWN~
By: /4 9-,
Its: S . T . Robb Jr
Internal Use Only: Cl Origin al to Finance Department Cl Copy to Zoning File Cl Copy to Street File
Variance Application -May 2016
Page 6
H Hennepin County Locate & Notify Receipt
Provided By: Resident and Real Estate Services
Print Date Fri Jul 01 11:24:092016
This is a receipt only with 'paid' stamp or cash register receipt attached
Company or Homeowner Name: Sean Barrett
Contact Person: 612-810-7191
Subject Property Address: 570 Big Island, Orono
Comments:
350'
Buffer Distance: 350 feet
TOTAL COST: $25.00
Mail Label Count: 15
38 22-117-23240001 38 22-117-23240006 38 22-117-23240011 38 22-117-23310001 38 22-117-23310002
38 22-117-23 31 0020 38 22-117-23 31 0028 38 22-117-23 31 0029 38 22-117-23 31 0030 38 22-117-23 31 0031
38 22-117-23310032 38 22-117-23310033 38 22-117-23310034 38 22-117-23310035 38 22-117-23310036
# 3849
RECEIVED
JUL O 7 2016
CITY OF ORONO
38 22-117-23 24 000 I
GERALD A ERICKSON JR
4567 AMERICAN BL VD W
MINNEAPOLIS MN 55437
38 22-117-23 24 0006
RECREATION POINT LLC
387 MARGARET CIR
WAYZATA MN 55391
38 22-117-23 24 001 I
WILLIAM E BRYSON II
THELMA L BRYSON
3082 WILLOW DR
MEDINA MN 55340
38 22-117-23 31 0001
FAUS FAMILY INVESTMENTS LP
3810 YORK AVES
MPLS MN 55410
38 22-117-23 3 I 0002
CHRISTIAN FAMILY CHURCH &
WORLD OUTREACH CENTER INC
2300 HERJT AGE PL N W
OWATONNA MN 55060
38 22-117-23 31 0020
.JANET MARIE FIEGER
275 S SUTTON LAKE BL VD
.JORDAN MN 55352
38 22-117-23 31 0028
CINDA J COLLINS
30 I KENWOOD PKWY #301
MINNEAPOLIS MN 55403
38 22-117-23 31 0029
SELDEN THOMPSON ROBB JR
5010 MANITOU RD
EXCELSIOR MN 55331
38 22-117-23 31 0030
PAMELA A MILLER
640 BIG ISLAND
EXCELSIOR MN 55331
38 22-117-23 31 0031
JANET MARIE FIEGER
275 S SUTTON LAKE BL VD
.JORDAN MN 55352
! , .. .u.0965 @Al.1311\V ~
I
I ••--..,. ,----.---, --1'":'••y-
l ap u11e a,n4>e4 er ~ zaudaH
I
38 22-117-23 31 0032
WEBSTER ALAN HILL
POBOX27
LONG LAKE MN 55356
38 22-1 I 7-23 3 I 0033
THOMAS J & VENA L LAPPING
8200 KINGSLEE RD
BLOOMINGTON MN 55438
38 22-117-23 31 0034
DONNA LEE ADAMS
203 MILL ST #202
EXCELSIOR MN 55331
38 22-117-23 31 0035
CINDA J COLLINS
301 KENWOOD PKWY #301
MINNEAPOLIS MN 55403
38 22-117-23 31 0036
JEFFREY A PERSON
17345 9TH AVE N
PLYMOUTH MN 55447
# 3849
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RECEIVED
JUL O 7 2016
CITY OF ORONO
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Conf1n11at ivn II; 51S,J3211Y
1t.. l h1.; Pavment Amuuni. doe~ 11ot! ncludt=
the Convenience Fet' detailed below
1 afwee to Pa·~ total amount
i':KCOt'dinY to card fo5uer· a'::ln-:emt'11t
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City of Orono
2750 Kelley Parkway
Orono MN 55356
Receipt No: 3.015857
Able Energy
Planning and Zoning
16-3849 570 Big Island
101-34420
Cond Use-Variance-Dev Fees
Total:
Credit Card
Check No: 8548
Payor:
Able Energy
Total Applied:
Change Tendered:
06/27/2016 08:21AM
952-249-4600
Jun 27, 2016
700.00
700.00
700.00
700.00
.00
Able Energy Co.
Attn: Sean Barrett
7200 Hudson Blvd N
Oakdale, MN 55128
REQUEST FOR FURTHER INFORMATION
CITY OF ORONO
Street Address:
2750 Kelley Parkway
Orono, MN 55356 I
Mailing Address: I Telephone (952) 249-4600
P.O. Box 66 Fax (952) 249-4616
Crystal Bay, MN 55323 www.ci.orono.mn.us
SUBJECT: Zoning Application #16-3849
The City of Orono is required to notify you within fifteen (15) business days as to the status of your
application for setback variances for property located at 570 Big Island. Below is a list of items the City
of Orono is requesting to complete our review:
1) Certified Property Owners List. Certified list of property owners within 350 feet of the subject
property, labels and plat map must be submitted. The list, labels and map may be obtained from
Hennepin County Department of Finance, Government Center, A-603 300 South 6th Street,
Minneapolis, telephone 612.348.5910.
2) Rendering. This is not an absolute requirement, however please provide a drawing or a sketch
detailing how the solar panels will appear on the building. I looked through the engineering packet
provided for permit and could possibly use one of the drawings within. But if you have something
with more detail to provide so the neighbors understand how the aesthetic of the house will change it
would be helpful.
Application #16-3849 is incomplete. If you wish to proceed with your application please submit, at a
minimum, Item #1 requested above by July 5th by noon in order to remain on the July 18 Planning
Commission agenda. Please contact me at 952.249.4627 or email at mcurtis@ci.orono.mn.us should you
have any questions.
Sincerely,
City of Orono ~
~
Melanie Curtis
Planner
copies: Sean Barrett via email
Tom Robb via email
H Hennepin County Locate & Notify Receipt
Provided By: Resident and Real Estate Services
Print Date Fri Jul 01 11 :24:09 2016
This is a receipt only with 'paid' stamp or cash register receipt attached
Company or Homeowner Name: Sean Barrett
Contact Person: 612-810-7191
Subject Property Address: 570 Big Island, Orono
Comments:
350'
Buffer Distance: 350 feet
TOTAL COST: $25.00
Mail Label Count: 15
38 22-117-23 24 0001 38 22-117-23240006 38 22-117-23240011 38 22-117-23 31 0001 38 22-117-2331 0002
38 22-117-23 31 0020 38 22-117-23 31 0028 38 22-117-23 31 0029 38 22-117-23 31 0030 38 22-117-23 31 0031
38 22-117-23310032 38 22-117-23310033 38 22-117-23310034 38 22-117-23310035 38 22-117-23310036
RECEIVED
JUL O 52016
CITY OF ORONO
Generated by CamScanner
22-117-23-23 22-117-23-24
(1l)
22-117-23-32
22-117-23-32
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MINNl'Al'OLIS MN ~-q 17
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RECREATION POINT LI.C
38 ADDRESS UN1\SSIGNl•:O
ORONO MN 00000
RECREATION POINT U.t'
387 MARClAREH'IR
WA YlATA MN 553'11
38 22-117-23 2,1 0011
WE HRYSON II & TI. BRYSON
670 1310 ISi.AND
ORONO MN 55.lll
WILLIAM E BRYSON 11
THELMA L BRYSON
3082 WILLOW OR
MEDINA MN 55340
38 22-117-23 ,11 00ll I
FAUS FAMILY INVESTMENTS LP
550 BIG ISLAND
ORONO MN 55331
FAUS FAMILY INVESTMENTS LP
3810 YORK AVES
MPLSMN smo
38 22-117-23 31 0002
IU-:NNEl'IN COLJNT\' l'ROl'lcRT\' INFORMATION SYSTEM (PROPERTY OWNERS UST)
3g 22-117-23310032
WEDSTl'R AIIILL
t\20 BIG ISLAND
ORONO MN 55331
WEBSTER ALAN HILL
POI\OX 27
I.ONG LAKE MN 55356
38 22-117-23 3.1 0033
T J LAPPING & V L LAPPING
610 BIO ISLAND
ORONO MN 55331
THOMAS J & VENAL LAPPING
8200 KINGSLEE l!D
DLOOMINGTON MN 55438
38 22-t 17-23 31 0034
D L ADAMS & 13 D ADAMS TRSTS
600 BIG ISLAND
ORONO MN 55331
DONNA LEE ADAMS
203 MILL ST 11202
EXCELSIOR MN 55331
38 22-117-23 31 0035
CINDA COLLINS REVOC TR ETAL
650 BIG ISLAND
ORONO MN 5533 J
CINDA J COLLINS
301 KENWOODPKWY#301
MINNEAPOLIS MN 55403
38 22-117-23310036
PAGF.: I
CHRISTIAN FML Y CllURCH ET AL
560 BIG ISLAND
JEFFREY A PERSON SUBJ/L E
630 BIG ISLAND
ORONO MN 55331
CHRISTIAN FAMILY CHURCH &
WORLD OUTREACI I CENTER INC
2300 HERJT AGE PL N W
OWATONNAMN 55060
38 22-117-23 3 I 0020
JANET MARIE FIEGER
590 BIG ISLAND
ORONO MN 5533 I
JANET MARIE FIEGER
275 S SUTTON LAKE BLVD
JORDAN MN 55352
38 22-117-23 31 0028
CINDA COLLINS REVOC TR ETAL
650 BIG ISLAND
ORONO MN 55331
CINDA J COLLINS
301 KENWOOD PKWY 11301
MINNEAPOLIS MN 55403
38 22-117-23 31 0029
SELDEN THOMPSON ROBB JR
570 BIG ISLAND
ORONO MN 55331
SELDEN THOMPSON ROBB JR
5010 MANITOU RD
EXCELSIOR MN 55331
38 22-117-23 31 0030
PAMELA A MILLER
640 BIG ISLAND
ORONO MN 55331
PAMELA A MlLLER
640 BIG ISLAND
EXCELSIOR MN 55331
38 22-117-23 31 0031
JANET MARIE FIEGER
580 BIG ISLAND
ORONO MN 55331
JANET MARIE FIEGER
275 S SUTTON LAKE BLVD
JORDAN MN 55352
ORONO MN 55331
JEFFREY A PERSON
17345 9TH AVE N
PLYMOUTH MN 55447
#3849
-I I_ " ----,.. ---------
Gerald A Erickson Jr
4567 American Blvd W
Minneapolis, MN 55437
Thomas J & Vena L Lapping
8200 Kingslee Road
Bloomington, MN 55438
Faus Family Investments
3810 York Ave S
Minneapolis, MN 55410
Christian Family Church &
World Outreach Center Inc
2300 Heritage Pl NW
Owatonna, MN 55060
Pamela Miller
640 Big Island
Excelsior, MN 55331
Recreation Point LLC
387 Margaret Circle
Wayzata, MN 55391
William & Thelma Bryson
3082 Willow Drive
Medina, MN 55340
Cinda J Collins
301 Kenwood Pkwy #301
Minneapolis, MN 55403
Janet Marie Fieger
275 S Sutton Lake Blvd
Jordan, MN 55352
Webster Alan Hill
POBox27
Long Lake, MN 55356
Donna Lee Adams
203 Mill Street #202
Excelsior, MN 55331
Jeffrey Person
17345 9th Ave N
Plymouth, MN 55447
Selden Thompson Robb Jr
5010 Manitou Road
Excelsior, MN 55331
# 3849
38 22-117-23 24 0001
GERALD A ERICKSON JR
4567 AMERICAN BL VD W
MINNEAPOLIS MN 55437
38 22-117-23 24 0006
RECREATION POINT LLC
387 MARGARET CIR
WAYZATA MN 55391
38 22-117-23 24 0011
WILLIAM E BRYSON II
THELMA L BRYSON
3082 WILLOW DR
MEDINA MN 55340
38 22-117-23 31 0001
FAUS FAMILY INVESTMENTS LP
3810 YORK AVES
MPLS MN 55410
38 22-117-23 31 0002
CHRISTIAN FAMILY CHURCH &
WORLD OUTREACH CENTER INC
2300 HERITAGE PL NW
OW A TONN A MN 55060
38 22-117-23 31 0020
JANET MARIE FIEGER
275 S SUTTON LAKE BL VD
JORDAN MN 55352
38 22-117-23 (ioo2s
CINDA'{ COLLINS
301 KEN\VOOD PKWY #30I
MINNJhb~MN 55403
✓
38 22-117-23 31 0029
SELDEN THOMPSON ROBB JR
5010 MANITOU RD
EXCELSIOR MN 55331
38 22-117-23 31 0030
PAMELA A MILLER
640 BIG ISLAND
EXCELSIOR MN 55331
r
38 2:H 17-23~1 031
JANET MARIE ·!EGER
275 S SUT1"Q LAKE BL VD
JORDAN ~ '5'5-35-2
3N 22-117-2.1 JI Ol,
WEBSTER ALAN HILL
PO BOX 27
LONG I.AKE MN 55356
38 22-117-23 31 0033
THOMAS .I & VENA L LAPPING
8200 KINGSLEE RD
BLOOMINGTON MN 55438
38 22-117-23 31 0034
DONNA LEE ADAMS
203 MILL ST /1202
EXCELSIOR MN 55331
38 22-117-23 31 0035
CINDA J COLLINS
301 KENWOOD PKWY 1/301
MINNEAPOLIS MN 55403
38 22-117-23 31 0036
JEFFREY A PERSON
17345 9TH AVE N
PLYMOUTH MN 55447
#3849
--