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HomeMy WebLinkAboutProject PacketMINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 10, 20L4 7:00 o'clock p.m. #13-3644 CITY OF ORONO-ZONING CODE AMENDMENT-MINIMUM D STANDARDS -ORDINANCE TABLED, Continued) LING McMilla stated the cities listed in Stairs report may have smaller lots and more oppo nity for a smaller ho to be constructed. McMillan stated one option is to table it tonight a perhaps discuss it at some point in e future. Gaffron stated he · 1 attempt to gather additional information from the la communities around Lake Minnetonka and aske whether there is any specific information the Co cil is looking for. McMillan stated above or low grade should perhaps be looked that she also would like to k the ordinance simple rather tha hen counting the square footage and aving a number of different dimensions. Levang stated if the Council kno what they want to av · , perhaps the ordinance should focus on that. Levang stated the Council is trying t void a house th aoes not fit in with the neighborhood and is too small functionally as well . McMillan stated her biggest concern is some dock. Gaffron stated in his view the discussi Commission took a lot of that into account and the draft ordinance is where they en cl up with the issu Bremer commented it might co e down to a philosophical d1 Printup stated any future Levang asked if the Cit should vote on it nci elopments in the City perhaps should a be taken into consideration. ouncil could bring this back when they feel e would prefer to table it. McMillan noted the City has othe alized. oved, Printup seconded, to table Application No. 13-3644, City of Orono, ent -Minimum Dwelling Size Standards. VOTE: Ayes 4, Nays 0. *8. #13-3646 GEORGE STICKNEY 0/B/O DNA PROPERTIES, LLC, 1535 BOONS POINT ROAD -PRELIMINARY P CAT-RESOLUTION NO. 6365 Levang moved, Printup seconded, to adopt RESOLUTION NO. 6365, a Resolution Approving the Preliminary Plat for Property Located at 1535 Bohns Point Road. VOTE: Ayes 4, Nays 0. Page 14 of 30 MINUTES OF THE ORONO"RLANNING COMMISSION MEETING Tuesday, January 21, 2014 6:30 o'clock p.m. 5. #14-3646 GEORGE STICKNEY ON BEHA:CF O___E_DNA eROPERTIES, LLC, 1535 BOHNS POINT ROAD, SUBDIVISON: PRELIMINARY..PLAT, 7:21 P.M. -7:38 P.M. George Sticlmey, Applicant, was present. Cmtis stated the applicant is requesting preliminary plat approval to create one new 2-plus acre buildable lots from the original 4.89 acres. There will be two total lots. Lot 1 is proposed to contain 2.6 acres dry, buildable land ; and Lot 2 is proposed to contain 2.3 acres dry, buildable lane. The prope1ty is located in the LR-lB, One Family Lakeshore Residential District, which allow for single-family lakeshore residential uses with a minimum lot size of one dry buildable acre . The proposed subdivision is in conformity with the guiding of this area for single-family lakeshore residential development at a maximum density of one unit per one acre. The proposed single-family development with two-plus acre lot sizes is consistent with existing development in the surrounding neighborhood where one acre is the minimum lot size. The subject prope1ty at 4.89 acres is the largest prope1ty on Bohns Point. The surrounding prope1ties on Bohns Point vary in size from 0.45 to 3 acres . The home on the site to be platted was removed in 2009 and the property is currently vacant. The prope1ty currently has two sewer stubs serving the property. Other than the approximately 470 feet of lakeshore and a large lagoon near the lake, there are no notable characteristics of the prope1ty. The property is situated on the west side of Bohns Point. Each of the proposed prope1ties will have frontage on Bohns Point and both lots are proposed to be served by city sewer and private wells . According to the LR-IB Zoning District standards, all of the lots must contain 1.0 dry acre and meet a 140-foot width requirement at the lakeshore and at the 75-foot structural setback from the lake. The average lakeshore setback as determined by the existing homes at 1595 Bohns Point road and 3265 Bohns Point Lake is closer to the lake than the 75-foot setback due to the location of the lagoon. Both of the suggested new building pad locations meet the average lakeshore setback. Proposed Lot 1 will have 2.60 acres of dry land. This lot is proposed to have 192 plus feet of frontage along the lake and 190 feet at the 75-foot setback. There is a sufficient buildable envelope available, and all of the required LR-IB district lot line setbacks and hardcover standards can be met. Proposed Lot 2 has 267 feet in width at the lake when measured in a straight line at the 929.4 OHWL contour and 270 plus feet in width at the 75-foot setback from the lagoon. This lot is proposed to contain 2.3 plus dry acres in area. All required LR-1 B setbacks and hardcover limitations can reasonable be met when this lot is developed with a new home. This subdivision does not require any public improvements. However, the applicant has proposed a suggested grading plan which intends to establish a new base elevation for the properties. This new base elevation is to be considered a new existing grade for the purposes of height and number of stories determination. The Planning Commission should determine whether the character of the area will not be impacted and will tie into the existing grades on neighboring prope1ties in a manner that appears as Page 10 of 26 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday, January 21, 2014 6:30 o'ciock p.m. nat~ral ·and n6tcontriv~~~The Pl~~hing Co~~ission sH;uld als,e(determi~;\vhetheldr not th~:uggeste,i building'pacis wifl,acG~mmodate'honies at an elevation and. with a f6,un_d~tion styk'~hi¢h is/com~atibll ,. -~, ,!• '1/. "j,¼., ~l' ' /. \ I \, ' / }1,_~$ ~• f' ~, ' i. / (> with the adjacent properties. ,.,.. ,... •, ._.-' ·,.,_, •·· •,,,.../ ·:, ,./: ; The subject property is located within the Metropolitan Urban Service Area and sewer service is available to these properties. There are two existing sewer stubs currently serving the property and are aligned in such a way that each of the proposed lots can utilize the existing stubs. Planning Staff recommends approval of the subdivision. Schoenzeit asked what the grade change is in feet. Curtis indicated Exhibit C shows the cross-section. Curtis stated on the south lot along the swale, the pre- existing home on the property was quite large and it is not known what the grades were prior to construction of that home. Schwingler asked if the Planning Commission has reviewed this application previously. Curtis indicated it has but that the approval has expired. McGrann asked if any public comments have been received on this application. Curtis indicated Staff has not received any. George Stickney, Applicant, stated he was asked by the sellers to develop this land. The property owner appeared before the Planning Commission previously for a three lot subdivision. The property owner never finalized their plans and never filed the final plat. Stickney stated the lagoon is unique, and with it being split, it made it almost impossible to market. Stickney stated in his view, if they doubled the size of the lot, it would be in keeping with the area and would allow for one lot to have the whole lagoon. Stickney indicated he has attempted to put the grades together to blend in with the adjoining properties and allow for a small walkout on each of the lots. Stickney stated in his view the lots are oversized enough to allow for some leeway on the grading and building pad. Stickney noted this is a one acre zoning area and both lots are over two acres. Stickney stated drainage should not affect either adjoining property and that he has not heard any negative comments from the neighbors. Land graver asked if any of the neighbors have asked to see the plat. Stickney indicated they have not but they do know what is being proposed. Schwingler commented the application is pretty straight forward. Acting Chair Landgraver opened the public hearing at 7:33 p.m. There were no public comments regarding this application. Page llof 26 ., .. ,. MINUTES OF THE ORONO P CJ\.NNING COMMISSION MEETING Tuesday, January 21, 2014 6:30 o'clock p.m. Acting Chair Landgraver closed the public hearing at 7:33 p .m . Schoenzeit commented it is an improvement over what was proposed the first time. Landgraver stated the one concern he has relates to the grading between the two houses that are adjoining Lot 2 and the down slope. Landgraver stated in his view it appears like a lot of soil is being moved, which would create an unnatural looking ravine on the south side . Stickney stated the person that owns that land is his client and that he is aware of what is being proposed and has seen all the plans. Stickney stated given the size of the lots, they do have some room to move everything, but that approving a plan like this gives the new property owner the ability to construct something without going through the whole process over again. Landgraver asked where the lakeshore setback on the no1th side is located. Cwtis pointed out the average lakeshore setback line . Crntis stated the line is based on the lot as it exists today. Stickney noted the prope1ty to the north is currently for sale. Land graver stated if the prope1ties have separate owners, there might be some variations in the grading plan and it could result in a grading plan that is not as symmetrical and smooth. Stickney stated there are no plans at this time to build on either lot but there may be plans down the road . Stickney stated if the average lakeshore setback line is changed, Lot 2 would have to change accordingly. Lemke commented that would likely be the worst case scenario given the size of the lots. Curtis noted the City Engineer suggested there be independent grading plans in case there are two different prope1ty owners. Landgraver asked what the next step would be in the application process. Curtis stated the application would go to the City Council at one of their February meetings with a preliminary plat resolution drafted for their review and potential approval. Lemke moved, McGrann seconded, to recommend approval of Application No. 14-3646, George Stickney on behalf of DNA Properties, LLC, 1535 Bohns Point Road, granting of preliminary plat approval, subject to City Engineer and Staff recommendations. VOTE: Ayes 6, Nays 0. McGrann asked if there is a setback from the lagoon. Cmtis stated there is a lakeshore setback and noted the average lakeshore setback line is ahead of that. Page 12 of 26 CITY OF ORONO 2750 Kelley Park.way P.O. Box 66 Crystal Bay, MN 55323 952.249.4600 TO: DNA Properties LLC AMA Investments LLC PO Box 35139 ) ZONING FILE: 14-3646 NOTICE OF COUNCIL ACTION DATE OF NOTICE: 10 Feb 2014 COPIES George Stickney: via email: gstickney@cbburnet.com allan@amafamofc.com Forth Worth, TX 76162 atannexstad@gmail.com TYPE OF APPLICATION: Subdivision, Preliminary Plat for 1535 Bohns Point Road DATE OF MEETING: 10 February 2014 VOTE: 4 FOR O AGAINST Motion: To approve per the findings and conditions of the preliminary plat resolution previously mailed to you . Please arrange to sign the original resolution at the City Offices (Monday through Friday 8 -4:30). **All persons with an interest in the property must sign the resolutions. Submittal of a complete Final Plat application and all required submittals shall be at least 4 weeks prior to the desired City Council meeting date. Upcoming Council meetings are as follows : Monday, March 10, 2014 Monday, March 24, 2014 Monday, April 14, 2014 Monday, April 28, 2014 If you desire certified copies of the official Council minutes, they are available from the City Clerk after review and approval by the City Council. If you have questions please contact Melanie Curtis, Planning & Zoning Coordinator, at mcurtis@ci.orono .mn .us or 952.249.4627. Date Application Received: 12/09/13 Date Application Considered as Complete: 12/19/13 120-Day Review Period Expires: 04/18/14 REQUEST FOR COUNCIL ACTION Department Approval: ~ /\ Name: Melanie Curtis 1\1 " Title: Planning & Zoning Coordinator Item Description: #14-3646-George Stickney o/b/o DNA Properties LLC, 153 Date: 5 February 2014 Item No. '3 Agenda Section: ohns Point Rd -Preliminary Plat -Resolution Zoning District: Existing Lot Area: LR-1B One Family Lakeshore Residential District (1 acre/140' width) 4.89 acres List of Exhibits: Exhibit A. Exhibit B. Exhibit C. Exhibit D. Exhibit E. Exhibit F. Draft Preliminary Plat Resolution Preliminary Plat Survey Proposed Grading Plan PC Report 01/14/14 PC Action Notice 01/24/14 Draft PC Minutes 01/21/14 Application Summary: George Stickney, on behalf of the property owner, requests preliminary plat approval to create 2 total (one new), 2+ acre buildable lots from the original 4 .89 acres. 1. Lot 1 is proposed to contain 2.60 acres total and is proposed to have 192± feet of frontage along the lake and 190 feet at the 75 foot setback. 2. Lot 2 is proposed to contain 2.3 acres total and is proposed to have 267 feet in width at the lake when measured in a straight line at the 929.4 OHWL contour, and ±270 feet in width at 75 foot setback from the lagoon. Both lots would access via Bohns Point Road and will be served by municipal sewer and private wells . Please refer to the Planning Commission staff memo attached as Exhibit D for a full detail of the proposed plat. Planning Commission Recommendation On January 21, 2014 the Planning Commission voted 6 to Oto recommend approval of the preliminary plat contingent upon consulting City Engineer approval of the revised plans, consistent with the staff recommendations and with the following conditions: 1. Revise the grading plan to address the City Engineer's concerns. This has been completed. Planning Staff Recommendation The applicants have submitted a revised plan as directed which has been reviewed and approved by the consulting City Engineer. Staff recommends approval of the preliminary plat according to the attached resolution. COUNCIL ACTION REQUESTED The Council should consider adopting the attached resolution approving the preliminary plat. A RESOLUTION APPROVING THE PRELIMINARY PLAT FOR PROPERTY LOCATED AT 1535 BOHNS POINT ROAD FILE NO. 14-3646 Council Exhibit A WHEREAS, DNA Properties, LLC, a Minnesota Limited Liability Company, (hereinafter the "Developer") is the owner of the property within the City of Orono (hereinafter the "City") located at 1535 Sohns Point Road and legally described as follows: Lot 1, Block 1, Beth & Bridget, Hennepin County, Minnesota (hereinafter the "Property"); and WHEREAS, on December 19, 2013, the Developer filed a complete subdivision application with the City for preliminary approval of a 2 lot residential plat of the Property; and WHEREAS, after due published and mailed notice in accordance with Minnesota Statutes 462.358 et. seq. and the City of Orono Zoning and Subdivision Codes, on January 21, 2014, the Orono Planning Commission held a public hearing for the application at which time all persons desiring to be heard concerning the application were given the opportunity to speak thereon; and WHEREAS, on January 21, 2014, the Planning Commission reviewed the application and recommended on a vote of 6 -0 that the Council grant preliminary plat approval; and WHEREAS, the City Council reviewed the proposal at a regular meeting held on February 10, 2014, and hereby made the following findings with regards to this application: FINDINGS 1. This application was reviewed as Zoning File #14-3646. 2. The property is zoned LR-1 B Single Family Lakeshore Residential District, which normally requires a minimum lot area of 1.0 acres and minimum lot width of 140' The Property is 4.89 acres in area, of which 4.89 acres is dry, buildable, non-wetland area. 3. The Property is guided in the existing 2000-2030 Orono Community Management Plan (CMP) for single family residential use at a density of 1 up to unit per 1 acre. The proposed layout contains 2 lots on 4.89 non-wetland acres, for an overall density of 0.41 Page I of5 units per dry acre, meeting the density requirements. 4. The proposed plat includes two lots which will be conforming with respect to area and width. Each lot will be served via Sohns Point Road which extends southerly off of North Shore Drive. 5. Each lot is proposed to be served with City sewer and private water supply wells. 6. The Developer has proposed a grading plan to establish building pad locations and elevations. The proposed elevation of the building pads will be used to establish new existing grades for the purpose of evaluating building height. 7. The City has no current plans for trails or parks that specifically require dedication of land from this property. Because dedication of land for park purposes is not required at this location, a Park Dedication Fee in lieu of land per City Ordinance would be appropriate. 8. All proposed lots will contain suitable area meeting all established LR-1 B district setback requirements to allow the construction of single family residences. 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 Preliminary Plat Approval for DNA Properties, LLC, for a 2-lot plat per the Preliminary Plat survey/drawing by Mark S. Gronberg of Gronberg & Associates, Inc. dated 12/02/13 and attached hereto as Exhibit A, subject to the following conditions: 1. Approval is subject to Minnehaha Creek Watershed District (MCWD) approval and permits as required. Final plat approval shall not be granted until the Developer has provided evidence that all required MCWD permits have been obtained. 1. Existing grade for both lots for building height determination and calculation of the number of stories shall be the proposed grades as shown on the Proposed Grading Plan dated 01/27/14 attached as Exhibit B. The grading plan as approved establishes new existing grades. 2. Development Fees based on 2014 Fee Schedule: A. Park Dedication Fee. The development is subject to the standard Park Dedication Fee requirement. Because the value of the newly created lots will be Page 2 of5 in excess of the threshold value the 8% park fee cap of $5,550 per lot will apply. Park dedication fee will be for 1 lot x $5,550 = $5,550. B. Storm Water and Drainage Trunk Fee. The development is subject to the standard Storm Water and Drainage Trunk Fee of $5,000 per acre x 4.89 gross acres = $24,450. 3. City Engineer Approval. Approval is subject to the existing and ongoing recommendations of the City Engineer. 4. Plans and Specifications. The following plans and specifications shall be submitted for review and approval by the City and other appropriate jurisdictions prior to final plat approval, to ensure that the proposed plat will accomplish the intended purposes: a) Final grading, drainage and erosion control plan showing existing and proposed contours, anticipated building locations, elevations, stormwater facilities and calculations, utilities and erosion control measures to be used during construction. Final Plat Approval will not be granted until the Minnehaha Creek Watershed District has approved the stormwater management plans. b) Sufficient detail to meet the recommendations of the City Engineer. 5. Other Easements. a) Drainage and Utility Easements shall be dedicated to the public on the final plat 1 O' along all exterior property lines, and 5' either side of interior property lines, except such easements shall be increased to accommodate drainage where required, subject to City staff approval. FINAL SUBMITTALS The following list of final submittals must be submitted to the Planning & Zoning Coordinator at least four (4) weeks prior to the regularly scheduled Council meeting on the second and fourth Mondays of the month. These submittals are as follows: 1. Record plat drawings in the form of two (2) mylar copies ( one copy for the City's records and one for filing with Hennepin County) and one ( 1) copy reduced to 1" Page 3 of5 = 200'. Drawing to include: A. Lot lines platted per preliminary plat survey/drawing by Mark S. Gronberg dated 12/02/13 attached hereto as Exhibit A, except as modified herein. B. Dedication of "drainage and utility easements" 1 O' along exterior property lines and 5' along the interior property line. D. Dedication of "Drainage Easements" over all drainageways. E. Naming of plat. 2. Legal documents required: A. Title opinion addressed to the City or a title insurance policy in favor of the City. All owners, mortgage holders or others with property interest indicated therein shall sign the plat and all other documents affected by such interest. B. The applicant must provide certified copies of all recorded easements currently affecting the property. 3. Plat approval fees to be paid: Total due: $30,980.00. A. Final plat fee= $700.00 B. Legal review & filing fees for subdivision and associated documents: $280.00 C. Park Dedication Fee: $5,550.00 D. Stormwater and Drainage Trunk Fee: $24,450. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 10th day of February, 2014. Page 4 of5 ATTEST: Rachel Dodge, City Clerk Lili Tod McMillan, Mayor Property Owner -DNA Properties, LLC Representative STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this ___ day of _______ , 2014 by ___________ , it's _____________ on behalf of DNA Properties, LLC. Notary Public Page 5 of5 PRELIMINARY PLAT AND CERTIFICATE OF SURVEY FOR PC ExhibitB /l211~ DNA PROPERTIES, INC. <t t \ _,,._,,.· -IN LOT 1 BLOCK ,\ /;,--------, -...__, \ , HENNEPIN COU~T~ETH & BRIDGET \ \ \ I \ .. '--'--\ \ \ , MINNESOTA I I I .. , \ \ I ' I I I I I \ \ \ \/ I ' I I')! \ ... •· · . S 8~0!-00" --;'. _ -.) ,' / j \ \ \ \ \ ,··. , , _ ,-_.,/ / _,.,. \ • ;\1 , ,..... _-,--.,, \ \ \ . . -.__ \_ ___ ,,o ' ' , , I e . , -• ---_ ---::..... --\ , · , , -1--,,·-/ -_ , ,, ' ' 1 f-. , , ' ' \ , . . '·I 'f' 1' ' __ ,,_,_ ..,, _ __,..::.ee=·-.' ' \ \ '-. ',. ', '-:-·---' . ' •.. .,.,, ' \\1\\ 11 \ I I / ,,-~--,-'-'-~----. -• , ,n,i, .. ~ __ 1·,,, .~~ C)o ~ l LAKE MI NETONKA CRYSTAL BAY LEGAL DESCRIPTION OF PREMISES : lot 1, Block 1, BETH AND BRIDGET, EXCEPT that port of !laid Lot 1 o~ic~i~itesso3jh~~~o~~s a ~~:t 1~~;n th~ ~n bft~~1ntfi/t~!h s~~ti:,r;en~e of soid Lot 1, a:isuming a bearing basi!I o? South 67 degree::1 20 minutes West for the We:iterly !legment of said Southerly line of Lot 1, denotes iron marker -917-: denotes existing contour line, mean sea level datum Beoring:i :ihown ore based upon on ossumed datum. This :turvey intend!! to show the boundaries of the above de!lcribed property, existing topogropy per our 2004 survey, two adjoining houses, and the proposed location of a proposed dividing line thereon, lt does not purport to show ony other improvements or encroachments, STREET ADDRESS : 15::55 BOHN' S POINT ROAD OWNER & DEVELOPER : DNA PROPERTIES. INC. C/0 AL ANNEXST AO P.O. BOX 651 WAYZATA, MN 55391 EXISTING ZONING : LR-18 TOTAL AREA : 4,89! ACRES, ALL ORY \' I l I I / ,-', --::--~~-·:.:::.:••·.. ', . -~// \\\ \n~ I I ( ( I I ) I --------=-=-·•52--=--:::.._:::.--sc:._~ ____ -· ~-.:..'.:o-.. .,_,,/ _ ~ , :2 / , I / / / --_,,,_ ---, ...... ~ r7 .. I IN m / I / ----._ '-. '-. \ // ,, • I I . ~~··, -' ·, \ ., · ~\ \t / \ I I I / I I I / / -, .. --.__ -.__ ----.....--...._ ', ...... \ \ \ ' / ~, I I ' 1 \ \ / / '-. -._ '--.._ '-\ ', ',I Arn ~ _ ~ -«·· ...... ,..\....... \ \ \ I \ '-.. --' ........ -, ' ' i'.-I ~ I \ \ \ il \ \ \ I I ...... ---, .......... -\ \ \ / /::f \ •• SURVEY ...... .... ,-, \ \ • \ -' \ \ \ J < ,, ~ ' ~-' ' \ . ' \\\ \ UNE~~, \. ', \"' = .. L,.," I \\ · ....... \\\ \\\j1',,,' II / , - \ \ : '.;: ~ \ I 2.60: ACRES ' r \ 1 \ \ ~ ' / . ...... ...... '\ \ \ \ \ f [& / \ . ,, \ . ' •' ,, '• \I ...... : ...... ...... 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' --"~ -✓ ---&f'' I ( "'·"? , . .A :; ~::Or-i/~~ii(~~/ / II II ) i! / II /--d-929.4" CONTO~·- UNE l'\~.__¥. ;:,.,.-;::...-........ // / I I ~~ ,'fr / / I ~ . ,..... / W ....-_,,. ...-...-,..... / EXISTING l lr ,.,.....---I I ....-HOUSE I 1 \ #1595 [!' RECEIVED DEC -9 2013 -3o 0 3 ~~ 0# 3 6 it, ~TY OF ORONO ~ m:tl\\ffll ~ QJ . SCALE IN FEET --..J:...'::..-..--~ "'\ii §II!: \Q G'.; 0: ~! ~ ~ ...L ~ --~ ·6 ~ J 1>-452 ' \\ \ \ \ I I \ I I \ \ I i \1 LAKE MINNETONKA CRYSTAL BAY LEGAL DESCR!PT!ON Of PREMISES ; Lot 1, Block 1. BETH AND BRIDGET, EXCEPT that port of said lot 1 ;~lc~i~ifes90Jlh~~~o~~s O J~:t 1~~:1 t: ~n bt0';1o~nffin 5l~!h S~~t::r~;e~~e of said Lot 1, oo:'.luming o bearing bo:iis o? South 67 dogroe:l 20 minutes We:it for the Westerly :iegment of said Southerly line of lot 1. denotes iron marker ~: denotes proposed spot <l!evotion, m1;1on soo !oval datum denotes exbting contour lina, moon soo !oval datum --G2!}--: denotes proposed contour line, moon sec level datum Booring::i ::ihown ere bo::ied upon on en::iumod datum. This ::iurvoy intend:. to :1hcw the boundorio:. of the above do11cribod property, existing topogropy per cur 2004 survey, two odjoining hou11es. the proposed location of o propo::ied dividing lino, two possible heuse1:1, with drivewoy::i, end propos<1d grod<1s th<1reon. It docs not purport to show ony other imprcvcmont:i or oncroochmonts. STREET ADDRESS : 1535 BOHN' S POINT ROAD OWNER &: DEVELOPER : ONA PROPERTIES, INC. C/0 AL ANNEXST AO P.O. BOX 651 WAYZATA, MN 55391 EXISTING ZONING : LR-18 TOTAL AREA : 4.89~ ACRES, ALL ORY NOTE: No grading is propo::ied ot this time. Th6 South lot (lot 2) is propcnod to ~~u~h1 ~l~~ ~~e c~~t~~~~1i~~t p~~p~~!d ot this time. The North let (lot 1) will bt1 grodtid ot the time of o proposod building permit on that tot. .,.,,, ___ , donote11 iron merl<er dllnetnpropeGedapote!ev11tion, m,,on ""'o lev .. 1 datum d::.~~~o~~•l~l!:? ~t:~ur l1na, donotoopropo,i,.dcontourllne, moon'""" level datum BENCHMARK: Top of iron ot NW properly com~r .. (960.0) I LAGOON \ PROPOSED GRADING PLAN FOR DNA PROPERTIES, INC. \ \ IN LOT 1, BLOCK 1, BETH & BRIDGET HENNEPIN COUNTY, MINNESOTA \ ' \ \ \,, ft 5 / /-\ \ \ '\ "-,f 11 e,O:_,., .,,/ \ \ \ \ .J,,., ',, ,,:::1-: ..... -✓ \ 6\ \ ,..,__ / / \ r-' ~ ..._ __ 902~-...... I \---\--,..-----,,, s'¼,.s1 \~ _1 ' ', ...... , ...... , ,, ---- ::;-...__N ~9°40' 00~ 2\ + HOUSE 11595 -30 30 SCALE IN I J04.« ,_ \ 60 90 f EE T 9'5 9« "' ,., "" I-...___" j~tD ---"- ~t"' ,""-t. '1'----. ' '~ 0 10 20 30 PROPOSED CROSS SECTION A-A "' "'' '" , .. '" '"' 45 U• ~~w =~ rtS~ ~ ISl A a E-< = ~ :s ~~ (.) ~ ~ iii~§ rn i:: .... <~~ ·" ~ ~ CQ j t o:d &1 ~ i= iil s l:i zi:i ~ o::: ~;,; c., 0 ,- () "5 0 0:: (L LAKE MINNETONKA CRYSTAL BAY LEGAL DESCRIPTION OF PREMISES : Lot 1, Block 1, BETH AND BRIDGET, EXCEPT that part of said Lot 1 which lies southerly of a line drawn on o bearing of South 73 degrees 02 minutes 33 seconds West from the angle point in the Southerly line of said Lot 1, assuming a bearing basis of South 67 degrees 20 minutes West for the Westerly segment of said Southerly line of Lot 1. o : denotes iron marker -917-: denotes existing contour line, mean sea level datum Bearings shown are based upon an assumed datum. This survey intends to show the boundaries of the above described property, existing topograpy per our 2004 survey, two adjoining houses, and the proposed location of a proposed dividing line thereon. It does not purport to show any other improvements or encroachments. STREET ADDRESS : 1535 BOHN' S POINT ROAD OWNER & DEVELOPER : DNA PROPERTIES, INC. C/0 AL ANNEXSTAD P.O. BOX 651 WAYZATA, MN 55391 EXISTING ZONING : LR-lB TOTAL AREA : 4.89! ACRES, ALL DRY PRELIMINARY PLAT AND CERTIFICATE OF SURVEY FOR DNA PROPERTIES, INC. EXISTING HOUSE #1595 -30 . 0 30 60 . 90# 3 ~~ RIM I ; ~ ~ SCALE IN FEET RECEIVED Council Exhibit 8 1-u w J 0 0::: 0.. "' ~ (/) " z~ 0 vi > w n:: I ! PROPOSED GRADING PLAN FOR DNA PROPERTIES, INC. IN LOT 1, BLOCK 1, BETH & BRIDGET HENNEPIN COUNTY, MINNESOTA -----------.-------------\\ \ ~--------~ -, \ \ / --' ' \ I \ \ / /✓--'.___ ',', \ \\\ \ I \ 4 \ \ \ I \ \ \ \ ~ \ \ \ \ \ ! \ I I \ 1 \ 1 1.--------· s s9°.4cv-oo~.e:---....::-....::-....=--_; _.-1 1 , \ ~O! \_./ \ _9l'l--:::.9$1r--::::.936·-:,.93&-___ _. I I \5 I ' ... ... '-.. \ \ \ \ \ \ \, \ \ \ '-6\ '- \ LAKE \ LOT AREA • 113, 135! SO. FT. \ 2.60! ACRES MINNETONKA CRYSTAL BAY LEGAL DESCRIPTION OF PREMISES : Lot 1, Block 1, BETH AND BRIDGET, EXCEPT that port of said Lot 1 which lies southerly of a line drown on a beorin~ of South 73 degrees 02 minutes 33 seconds West from the angle point in the Southerly line of said Lot 1, assuming a bearing basis of South 67 degrees 20 minutes West for the Westerly segment of said Southerly line of Lot 1. o : denotes iron marker 1910.al: --917--: ~: denotes proposed spot elevation, mean sea level datum denotes existing contour line, mean sea level datum denotes proposed contour line, mean sea level datum Bearings shown ore based upon on assumed datum. This survey intends to show the boundaries of the above described property, existing topogropy per our 2004 survey, two adjoining houses, the proposed location of a proposed dividing line, two possible houses, with driveways, and proposed grades thereon. It does not purport to show ony other improvements or encroachments. STREET ADDRESS : 1535 BOHN' S POINT ROAD OWNER 8c DEVELOPER : DNA PROPERTIES, INC. C/0 AL ANNEXSTAD P.O. BOX 651 WAYZATA, MN 55391 EXISTING ZONING : LR-1B TOTAL AREA : 4.89! ACRES, ALL DRY NOTE: No grading is proposed at this time. The South lot (Lot 2) is proposed ta be sold to the adjoining lot to the South with no construction proposed at this time. The North lot (Lot 1) will be graded ot the time of a proposed building permit on that lot. o : denotes iron marker --917--! -@ii-: denotes proposed spot elevation, mean sea level datum denotes proposed contour line, mean seo level datum BENCHMARK: Top of iron ot NW property corner s (960.0) EXISTING HOUSE #1595 \ \ -30 0 30 S C A L E IN ' ... ---------------------------, 60 90 F E E T I I I I I 947 ,------,-----,----..... ------, 946 945 ~---"!C, :,...::=--+-----1-----+--l 944 ::~~,···· ,--_+----t-----+---t 943 GRADE l ~~- '~ 942 t-----+----t•,.:,,, I 941 940 ....... ---+-----'----"---~~-~ 0 10 20 30 40 45 PROPOSED CROSS SECTION A-A Council Exhibit C es " 947 946 945 944 943 942 941 940 I- (.) w -:, 0 a::: a.. ft -St:, :g.a ~ m >. a-~ is b'S<JI a.>->62 ~e .... 2 ! ~i ~ il§i:I j~~o 1,.r~ :i E"0u, ~a., =is.., e= ~-0-c,'5-0 i~i !tii I ; I (/) :!l L zll! 0 B 1ii > w a:: ; § I g IE i ~ d ~ :t :t ~ ± ~ on on ~ .ll ~ I i i i e " ui °b "' Date Application Received: 12/09/13 Date Application Considered as Complete: 12/19/13 120-Day Review Period Expires: 04/18/14 To: From: Date: Subject: Zoning District: Chair Leskinen, Planning Commission Members Jessica Loftus, City Administrator Melanie Curtis, Planning & Zoning Coordinator 14 January 2014 #14-3646, George Stickney o/b/o DNA Properties LLC, 1535 Bohns Point Road Preliminary Plat Public Hearing Existing Lot Area: LR-1B One Family Lakeshore Residential District (1 acre/140' width) 4.89 acres Application Summary: This application contemplates preliminary plat approval to create one new (2 total) 2+ acre buildable lots from the original 4.89 acres. 1. Lot 1 is proposed to contain 2.6 acres dry, buildable land. 2. Lot 2 is proposed to contain 2.3 acres dry, buildable land. All of the lots would be served by public sewer and private wells. Staff Recommendation: Staff recommends approval of the preliminary plat. 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 Preliminary Plat Survey 12/02/13 Preliminary Grading Plan 01/08/14 Aerial Photo City Engineer Review Comments Average Lakeshore Setback Exhibit City Code Excerpts Summary of Estimated Fees 2014 Fee Schedule (excerpts) Property Owners List Plat Map PRELIMINARY PLAT REVIEW Conformity with 2010 -2030 Orono Community Management Plan Council Exhibit D The proposed subdivision is in conformity with the guiding of this area for single family lakeshore residential development at a maximum density of 1 unit per 1 acre. The proposed development exceeds to the 1.0 acre dry-buildable, 140' width standards of the LR-1B Zoning District. Relationship to Surrounding Development The proposed single-family development with two-plus acre lot sizes is consistent with existing development in the surrounding neighborhood where one acre is the minimum lot size. The subject #14-3646 15 Jan 2014 Page 2 of 3 property at 4.89 acres is the largest property on Bohns Point. The surrounding properties on Bohns Point vary in size from 0.45 to 3 acres. Conformity with Zoning District Lot Requirements The property is located in the LR-18, One Family Lakeshore Residential District, which allows for single family lakeshore residential uses with a minimum lot size of one dry buildable acre. Each proposed lot exceeds the minimum requirement of 1.0 acres of dry buildable land. General Site Characteristics The home on the site to be platted was removed in 2009 and the property is currently vacant. The property currently has two sewer stubs serving the property. Other than the approximate 470 feet of lakeshore and a large lagoon near the lake there are no notable characteristics of the property. Lot Layout and Lot Standards The property is situated on the west side of Bohns Point. Each of the proposed properties will have frontage on Bohns Point Road. Both lots are proposed to be served by City sewer and private water supply wells. According to the LR-lB Zoning District standards, all of the lots must contain 1.0 dry acre and meet a 140' width requirement at the lakeshore and at the 75 foot structural setback from the lake. The average lakeshore setback as determined by the existing homes at 1595 Bohns Point Road and 3265 Bohns Point Lane is closer to the lake than the 75 foot setback due to the location of the lagoon. Both of the suggested new building pad locations meet the average lakeshore setback. The proposed lots lay out as follows: Proposed Lot 1: Proposed Lot 2: Proposed Lot 1 will have 2.60 acres dry land. This lot is proposed to have 192± feet of frontage along the lake and 190 feet at the 75 foot setback. There is a sufficient buildable envelope available, and all of the required LR-lB district lot line setbacks and hardcover standards can be met. Lot 2 has 267 feet in width at the lake when measured in a straight line at the 929.4 OHWL contour, and ±270 feet in width at 75 foot setback from the lagoon. This lot is proposed to contain 2.30± dry acres in area. All required LR-lB setbacks and hardcover limitations can reasonably be met when this lot is developed with a new home. Rural Oasis, Conservation Design & Woodland Impacts The property is 4.89 acres in area. The Rural Oasis Study and Conservation Design Master Planning process has been formulated to help determine on a case-by-case basis what natural values should be preserved. Based on its size and the density proposed staff has determined that this project does not trigger the need for the developer to conduct and submit a conservation design plan. Site Improvements This subdivision does not require any public improvements. However, the applicant has proposed a suggested grading plan which intends to establish a new base elevation for the properties. This new base elevation is to be considered a new existing grade for the purposes of height and number of stories determination. Does the planning commission find that the character of the area will not be impacted as the proposed grades will tie into existing grades on neighboring properties in a manner that appears as natural and not contrived? The Planning Commission should determine whether or not the suggested building pads will accommodate homes at an elevation and with a foundation style (walk-out) which is compatible with the adjacent properties. Easements Needed #14-3646 15 Jan 2014 Page 3 of 3 The City requires standard perimeter, drainage and utility easements around all property boundaries in the plat. Stormwater and Drainage Improvements The development is subject to the Stormwater and Drainage Trunk Fee of $5,000 per acre x 4.89 total acres = $24,450. Park/Trail Easement/Fees or Dedication Needed The 2008-2030 CMP Comprehensive Trail System Map indicates that a future trail is proposed along North Shore Drive however no trail is planned on Bohns Point Road. The Park Fee is determined as 8% of the fair market value of the land being subdivided, or a maximum of $5,550 per residential dwelling unit. The Hennepin County Assessor has indicated that 8% of the raw land value will exceed the maximum fee. Once the land is reassessed following development the value will increase again. Therefore, for this property, staff has determined that as there will be only one new dwelling site, the Park Fee for this plat will be $5,550. Utility Locations and Availability The subject property is located within the Metropolitan Urban Service Area (MUSA); sewer service is available to these properties. There are two existing sewer stubs currently serving the property; they are aligned in such a way that each of the proposed lots can utilize the existing stubs. The property was fully assessed for sewer as part of the 1965 LS-lA project hence no City connection fees are due. Private wells shall be setback 3' from structures and between 20 and 50 feet from sewer lines depending on the type. Staff Recommendation The planning commission should discuss the details of the preliminary plat and take any public comments. Staff recommends approval of the subdivision. City of Orono Subdivision Application Street Address: 2750 Kelley Parkway Orono, MN 55356 Main: 952-249-4600 fax: 952~249-4616 Mailing Address: P.O. Box66 C stal Ba , MN 55323-0066 Application # Date Received: Staff: Appllcatl_on Fee: Escrow#&$ Notes: ?) f o-- PROPERTY INFORMATION: / -I Site Address: ls-3.s-{ilfh N,Y: f,, Pr /bcl. O 0, o-,vo ftN, Property Jdentification Number(PIN): O'ff--117-7-3-'l'i-06'L.:3 PC ExhibitA (Attach legal description to application if not inc/Udfd on thA survey) · Date Property Acquired (month/year): °! /'Z..(!) o Z !Sil Abstract . D Torrens (Please check one) Present use of property: "Sit Residential; number of Units_· ___ _ D Other (specify) ____________________ _ Zoning District: __ L....;;A-=....;l'--"-"R,___ ____ _ APPLIC~NT INFQRMATION:1(Complete legal nal'T)es and marital1stat~s requiree;or Name(s). D :t l.. Co,vrr,,,:_f. . • ,c., .!I Phone {home): ___ -.--__ .,......,. _ ___,,____ Phone (cell): 9'S-Z.. "ZSfJ-107.S si~ Address:A L o 1i,-f lv, ff 77 Email: 4/lauGcu1:1qf'q-1r o-£<-I Cf!11'11 _/ax: _r . -..1_ ,,~)k Jt41"a 644 ~sl I • .Ce1(crwe.U ,613_.;t:;:er-, ffu-i'ra;1;';J~J;.)( Ws~ · T1c.f:t-e; OWNER INFORMATION: (Cor7WIE?te l~gal names and marital status required for each inferested party) 7 :t'b--§c[1K Name(s): 0 /V A P'Mt/Je~f•.-!'J L. CC. · -_ -'./ Phone (home):______________ Phone (cell): ___________ _ Address: -1---d-f Email: Aft:itY' ,vex si;;;f 8-:,o,a. • c1.14, · Fax: ____________ _ EXISTING LAND USE: Number of Tax Parcels: I Development Size: --:l-lli-°f.__ Acres Dry Land ---r-Q.'""= __ Acres Wet Land -~9~. £ ......... 9 __ Acres TOTAL, all parcels PROPOSED LAND USE: D Division for Tax Purposes □ Lot Line Rearrangement Only (no new building sites) 1i\ Subdivision for New Building Sites Number of Building Sites: Existing Units: New Units: Total Units: I Proposed Gross Density -Z.. Minimum Lot Size:. it_ • 2.1 Units per '{, ~~ acres / Square feet dry builable land '4.s-/+,paS-e .. ,;-11 Proposed Use (check)□ Residential D Other (specify) ____________________ _ Minimum Material Required for Complete Preliminary Plat Application 1. Payment of fees 2. Completed application form. 3. Preliminary plat information on Certificate of Survey. 4. Certified Property Owners list 5. A list of any other persons you wish notified of this application Subdivision Packet Last Updated: 04/01/2013 Minimum Material Required for a Complete Final Plat Application 1. Payment of fees 2. Signed certificate of Survey or mylar copies of formal plat. 3. Title opinion. 4. Easements, covenants, etc. 5. Developers Agreement 6. Letter of Crecli p,,,.,,,_ 11 rof ?d ~ {"'>;c1TY OF ORONO ·":;:,;:;. APPLICATION FEES: (Planning & Zoning Coordinator to [X] those which apply) A llcation Base Fees: · Cost Total $350"' $700"' $850* $700* $350* .:·,,. $2,500 $10,000 As incurred *plus, Engineering & Legal Review Cost Total $650* + $950* + $950* $225. $275* + $275"' + $250* $60/ er lot x$60 *plus, Engineering & Legal Review Fl 'bl A I' ti F / M" 11 F ex1 e ,DD ,ca on ees 1sce aneous ees .· Cost Total Variance $700* Vacation of Public Road $100 per benefitina property ($700 minimum per aool) Varies Easement Vacation Associated with a Subdivision $200* Easement Creation with Subdivision Aoolication No fee Escrow for Vacations and Easements $700 PRO Aoolication with Subdivision $35/dwellina unit x$35 Aooeal of Administrative Decision $50 *plus, Engineering & Legal Review / \ _L Total Escrow Amount ( $2,500 fl $10,000 I Other ~ 1J '-/ J {) TOTAL DUE ~----._/ I 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 appllcant and owner recognize that they are solely responsible for submitting a complete appllcatlon 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 • The Owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City Staff, consultants, agents, Commission and Council Members for purposes of investigation and verification of this request. · • Applicant and/or Owner acknowledge they must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant and/or owner is unable to attend a scheduled meeting, please make arrangements to have an authorized repre ntative attend in place of the applicant/owner and advise the City Planner assigned to your proj Owner's Signature:..:."-:.J-.K-.J.~-1-...::....~;4...LJ.a11J£1L..JC:" Owner's Signature: _________ ...._ __ _ Applicant's Signature:_:A_· ____ ___,,-'---',.____._ _ __.._, Applicant's Signature: ___________ _ Subdivision Packet Last Updated: 04/01/2013 Page 12 of24 i i12 / i3 Date:_< ____ .,,_!_ ______ _ Date: ___________ _ Date:-'>\~!Z_-__ /_q ...... /_l _3 _ _;....Y-_-=-,_ ;1ECEIVED Date: #-6 - ,, 1 :,;;.} \_ 1/ DEC -g 2013 u·:.,.~\1 ~\,,)CITY OF OROf\lO r LAKE MINNETONKA CRYSTAL BAY LEGAL DESCRIPTION OF PREMISES : Lot 1, Block 1, BETH AND BRIDGET, EXCEPT that part of said Lot 1 which lies southerly of a line drawn on a bearing of South 73 degrees 02 minutes 33 seconds West from the angle point in the Southerly line of said Lot 1, assuming a bearing basis of South 67 degrees 20 minutes West for the Westerly segment of said Southerly line of Lot 1. o : denotes iron marker -917-: denotes existing contour line, mean sea level datum Bearings shown are based upon an assumed datum. This survey intends to show the boundaries of the above described property, existing topograpy per our 2004 survey, two adjoining houses, and the proposed location of a proposed dividing line thereon. It does not purport to show any other improvements or encroachments. STREET ADDRESS : 1535 BOHN' S POINT ROAD OWNER & DEVELOPER : DNA PROPERTIES, INC. C/0 AL ANNEXSTAD P.O. BOX 651 WAYZATA, MN 55391 EXISTING ZONING : LR-1B TOT AL AREA : 4.89: ACRES, ALL DRY PRELIMINARY PLAT AND CERTIFICATE OF SURVEY FOR PC Exhibit B DNA lJROPERTIES, INC. EXISTING HOUSE #1595 33 RECEIVED DEC -9 2013 f-u w -:, 0 O::'. (l_ -~o# 3 6 6,ff OF ORONO SCALE IN FEET .• ---------------------------------------------••.,---------~--'-- ,,., ,,., ,-. N 1J~52GRA{)j.C2.SCJ -------------,--------,,--------------,.....,..-----------------------------------------------------------·, .. -----·-·1 EXISTING HOUSE /3265 p i!~'·;?'::'.i _,----_,----____... / ----JAN 13 2013 _,---- / / I \ I \{1 CITY OF ORONO \ \ \ ___ \ .. •······-· \ 30<: LAKE MINNETONKA CRYSTAL BAY LEGAL DESCRIPTION OF PREMISES : Lot 1, Block 1, BETH AND BRIDGET, EXCEPT that part of said Lot 1 which lies southerly of a line drawn on a bearing of South 73 degrees 02 minutes 33 seconds West from the angle point in the Southerly line of said Lot 1, assuming a bearing basis of South 67 degrees 20 minutes West for the Westerly segment of said Southerly line of Lot 1. o : denotes iron marker 1910.Bi: denotes proposed spot elevation, mean sea level datum -917-: denotes existing contour line, mean sea level datum -{]Q1}-: denotes proposed contour line, mean sea level datum Bearings shown are based upon an assumed datum. This survey intends to show the boundaries of \he above described property, existing topograpy per our 2004 survey, two adjoining houses, the proposed location of a proposed dividing line, two possible houses, with driveways, and proposed grades thereon. It does not purport to show any other improvements or encroachments. STREET ADDRESS : 1535 BOHN' S POINT ROAD OWNER & DEVELOPER DNA PROPERTIES, INC. C/0 AL ANNEXSTAD P.O. BOX 651 WAYZATA, MN 55391 EXISTING ZONING : LR-1 B 929.4 o : denotes iron marker \' TOT AL AREA : 4.89'. ACRES, ALL DRY @]]]) : denotes proposed spot elevation, mean sea level datum NOTE: -917 -: denotes proposed contour !ine, mean sea level datum t· No grading is proposed ot this time. The South lot (Lot 2) is proposed to be sold to the ad joining lot to the South with no construction proposed at this time. The North lot (Lot 1) will be graded ot the time of a proposed building permit on that lat. BENCHMARK: Top of iron at NW property corner = (960.0) ------- --------------------------~ "-, " ' ,, .. ,. LAGOON a: "'· N, \ \ \ PROPOSED GRADING PLAN FOR DNA PROPERTIES, INC. IN LOT 1, BLOCK 1, BETH & BRIDGET HENNEPIN COUNTY, MINNESOTA \ \ ' I ' \ \ \ I \ \ I I I \ \ \ \ \ \ \ \ \ \ • PRQPOStD WW. POSSIBLE 1 \ I \ \ DRIVOEWAY -.""-_/ '\' - \ LOT AREA= 113,135'. SQ. FT. 2.60'. ACRES / I I \ I EXISTING HOUSE #1595 \ \ "" --------- PROPOSED _.-DIVIDING LINE ~9°40' 00"-------, \ ' \ / ) / -30 O 30 60 90 i~ S C A L E IN F E E T ( I I _,......-9 ;o· 947 946 945 944 943 942 941 940 PC Exhibit C \ \ \ 57~.67 '•. /9.J.4.-. _,---- .... :·. ·pRQPOiE(;.: ........... ·:· ........... :. ---. •GRADE• • • ... --. -.... ·, -. -.. -. -. --~ ---. --..... ·: ........ -... ~ . -.. . .~.~-····--·)············i··-·-···-··i-···-6~1!6r0 : '-----~-,: : : ············,·-····--<-:..:_· ··-·····-····.··········•·;·-··· : --;-.._: ~· : : ·-··-·····-·:--··········;··~···:············; ..... : : ,._______: . ·····:---=--:_: .. 947 946 945 944 943 942 941 '--------------~:--~~~-~ 940 0 10 20 30 40 45 PROPOSED CROSS SECTION A-A 1-u w -, 0 0:: (l_ ! 0 209 Feet © Bolton & Menk, Inc -Web GIS 1/16/2014 2:21 PM Q Legend Railroad l1 City Limits 0 Parcels (10-1-2013) 1535 Bohns cg This drawing is neither a legall y recorded map nor a survey and is not intended to be used as one. This drawing is a compilation of records, information, and c located in various city, county, ;and state offices, and other sources affecting the area shown, and is to be U! for reference purposes only. The City of Orono is not rP!-nnn<ihl,. fnr ~nv in:u:r.ur.u:iP!-h .. r,.in l'.nn~lnPd. "'O (") m >< ::r c' ;::;: 0 0 209 Feet © Bolton & Menk, Inc· Web GIS 1/16/2014 2:13 PM e Legend Railroad C City Limits D Parcels (10-1-2013) 1535 Bohns Point -2009 Dhntn Disclaimer: ® This drawing is neither a legally recorded map nor a survey and is not intended to be used as one. This drawing is a compilation of records, information, and dat located in various city, county, and state offices, and other sources affecting the area shown, and is to be usec for refMence purposes only. The City of Orono is not rf'<nnn<ihlfl" fnr ~nv ln.11 c:c:uraci110~ hfl"rf'ln r:nnf.:l inM. "'O () m >< 2: 0" ;::.: 0 ~ PC Exhibit E E3C>LTC)N &. "-/IENK, INC® Consulting Engineers & Surveyors 2638 Shadow Lane, Suite 200 • Chaska, MN 55318-1172 Phone (952) 448-8838 • Fax (952) 448-8805 December 27, 2013 City of Orono Attn: Melanie Curtis PO Box 66 Orono, MN 55323 RE: Preliminary Plat Application 14-3646 Bohn's Point Subdivision Engineering Review #1 Dear Melanie: www.bolton-menk.com As requested, we have completed an engineering review of the documents submitted for the above referenced project. Our current review is based on the following submittal items: • Orono Subdivision Application, dated 12/9/2013 • Beth and Bridget Plat • Land Alteration Permit, dated 7/15/1983 • Protected Waters Permit, dated 7/22/1983 • Commitment of Title Insurance, dated 7/27/2009 • City of Orono Resolution No. 2004 approving after-the-fact variances except for construction of a berm along the street, dated 6/23/1986 • City of Orono Resolution No. 2022 approving a sea wall along shore area, dated 7/24/1986 • City of Orono Resolution No. 2098 approving geothermal discharge to lagoon area, dated 12/15/1986 • Drainage and Utility Easement, dated 3/9/2005 • Restatement of Beth and Bridget Plat, dated 3/22/2005 • Mechanic's Lien, dated 3/6/2007 • Assignment of Mechanic's Lien, dated 9/30/2008 • Notice of Lis Pendens, dated 11/7/2007 • Mechanic's Lien Statement, dated 3/22/2006 • Statement of Lien, dated 10/22/2007 • Vesting Instrument (Sherrif' s Certificate), dated 11/20/2008 • Preliminary Plat prepared by Gronberg & Associates, Inc., dated 12/2/2013 • Preliminary Grading Plan prepared by Gronberg & Associates, Inc., dated 12/2/2013 We offer the following observations, comments, and recommendations for your consideration: 1.0 GENERAL: 1.1 A legend, defining significant features and lines, should be included on each plan to aid in reading plan sheets. 1.2 The benchmark should be labeled on all plans. Preliminary Plat Application 14-3646 Bohns Point Subdivision Page2 1.3 Proposed well locations should be shown on the plans. Wells must be setback 3 feet minimum from structures and 50 feet minimum from sanitary sewer. 1.4 Existing trees over 6" diameter within the proposed disturbance area or 75' of the OHWL should be shown on the plans. All trees to be preserved should be clearly marked on the plans and surrounded by protection fencing. 1.5 The applicant will be required to obtain Minnehaha Creek Watershed District (MCWD) approval and permitting for erosion control. A copy of any approvals or permits required should be submitted prior to Final Plat approval. Since the subdivision appears to be proposing less than 20% impervious surface, no stormwater management permitting from MCWD should be required. 2.0 PRELIMINARY PLAT: 2.1 A standard 5' drainage and utility easement should be included along both sides of the proposed dividing line. 3.0 PROPOSED GRADING PLAN: 3 .1 Existing trees over 6" diameter must be shown on the plans to confirm no impacts are proposed within the preservation easements along the south property line. 3.2 Additional silt fence should be added along south property line to prevent sediment from leaving the site. 3 .3 The grading along the south property line should be revised to ensure runoff does not drain onto the adjacent property. Proposed spot elevations and a cross-section should be added to better define the swale leading to the lake. 3 .4 A Storm water Pollution Prevention Plan (SWPPP) will need to be submitted as part of the Final Plans. The SWPPP should include a project narrative, erosion control notes, erosion control installation schedule, erosion control maintenance schedule, pollution prevention notes, location and details of proposed erosion control devices. Please let me know if you have any questions or need additional information. Sincerely, BOLTON & MENK, INC. ~~£~ Robert E. Bean, Jr., P.E. Water Resources Engineer BC)LTC)N &. l'.../IENK, INC® Consulting Engineers & Surveyors 2638 Shadow Lane, Suite 200 • Chaska, MN 55318-1172 Phone (952) 448-8838 • Fax (952) 448-8805 January 17, 2014 City of Orono Attn: Melanie Curtis PO Box 66 Orono, MN 55323 RE: Preliminary Plat Application 14-3646 Bohn's Point Subdivision Engineering Review #2 Dear Melanie: www.bolton-menk.com As requested, we have completed an engineering review of the revised preliminary grading plan that was received by the City on January 13, 2014. Based on our review, we offer the following comments for your consideration: 1. It is our understanding that the proposed grading is intended to establish a new base elevation for future home construction on each of the proposed lots. 2. The proposed grading plan shows mass grading across the property lines, which implies that the grading on both lots will be accomplished as part of one project. 3. It is our understanding that the timing of the grading is undetermined and that it is likely that these lots will be developed individually by separate property owners. 4. It is therefore recommended that the grading plan be revised to show how grading operations will be accomplished on each lot separately, which will require matching the existing grades at the property lines. Please let me know if you have any questions or need additional information. Sincerely, BOLTON & MENK, INC. D--:-Q_ r. 1~~ David P. Martini, P.E. Principal Engineer PROPOSED GRADING PLAN FOR DNA PROPERTIES, INC. Pl!::C"''1 '"""""i -----'" \ IN LOT 1, BLOCK 1, BETH & BRIDGET HENNEPIN COUNTY, MINNESOTA JAN 13 2013 CITY OF ORONO LAKE MINNETONKA .. " \ \ 1\ .,,. \ ' \/ . ' \ ~O.!-Og:'..i--.:::.:!._./) _9';}.lr--g:!16 -_.....--9:!16 -- " ..... CRYSTAL BAY ,,,tAie '.II -~ [><f.(e-oi' ~ ~-:· ~-"' '\ 3' .• S90'E·: ~~,OU~ ~\ I 8 rt;r\ ~~:~/r_J~ Lot l, Block 1. BETH AND BRIDGET, EXCEPT thot port of said Lot 1 : o which lies southerly of o line drawn on o beorinq of South 73 degrees: ; k/ 02 minutes 33 Mcond!I We9t from the on7le point in the Southerly line • : ~/ LEGAL DESCRIPTION OF PREMISES : of said Lot 1, assuming o bearing basis o South 67 degrees 20 minutes A(/._,, \.J 1: ' West for the Westerly segment of said Southerly lino of lot 1. I)~ , ..jf.~' ' o : denotes iron marker / \' f"" ... ..()\ [[}[ID; denotes proposed :!!pot elevation, mean s:eo level datum (;,,JJ\r -917-: denotes existing contour line, mean soc !evol datum ---{2Q±J-: denotes proposed contour line, mean sea level datum Bearings shown ore hosed upon on assumed datum. !~/!ti~~r~~~a~r~;is p!~ ~~~w2Jg4 ~~i~~;~jt~aa~JTafni~~a~~u~::~r(~:d p~~~~~~1• location of o proposed dividing lino, two possib!o houses, with driveways, and prapo:;ed grode!l thereon, It does not purport to show any other improvements or encroachments, STREET ADDRESS : 1535 SOHN' S POINT ROAD OWNER & DEVELOPER : DNA PROPERTIES, INC, C/0 AL ANNEXST AD P.O. BOX 651 WAYZATA, MN 55391 EXISTING ZONING : LR-18 LEGEND d1tnote11 iron mork11r ;(zc ~ ~~t \~t-l TOTAL AREA : 4.89! ACRES. ALL DRY [!]llIJ, denotos proposed npot <1/<1v0Uon, mean ~oo level datum NOTE: No grading is proposed ot this time, The South lot (Lot 2) is proposed to ~~uf~1~iih ~~o c~~Ii~~~~(i~~t p~~p~~~d -ffiffi-: d;:~~e,11.,:if.,t~~? ~it:~IJr lin.,, de11otnpropo!11tdco11to1Jr!in.,, maon !leO lnval datum LAGOON ~t EXISTING HOUSE 61595 \ ...._ ' ' '-. '-. '-. -/,,..-\' . ' ---+-''° _,/ ./ \ .\ ' '-, \ -L -,,.~ ,,, \ :'· \ , ... , '--\--11se----._ , , • .. • \\ 304.44 " 579.67 ~ \ ....__ ~:'40' 00'"w...,_ ..... \ I I ( I I _,,,..q':J6' + -30 30 60 90 "' 942 \ \ at this time. The North Jot (lot 1) will be graded ct the ~ime of o proposed building permit on that lot. ----8ENC/-IMARK: Top or Iron cl NW propi,rty corner = (960.0) D 10 20 ~ 40 45 S C A LE F E E T MfM~ . ·c;ert;,~ ~1i11 ~ g m -0 () m >< :; CT ~ .,, Municode Page 1 of 6 PC Exhibit G Orono, Minnesota, Code of Ordinances » Title VI -LAND USE » Chapter 78 -ZONING REGULATIONS >> ARTICLE IV. -DISTRICT REGULATIONS » DIVISION 4. -LAKESHORE RESIDENTIAL DISTRICTS » Subdivision Ill. LR-1 B One-Family Lakeshore Residential District >> Subdivision Ill. LR-1 B One-Family Lakeshore Residential District Sec. 78-326. Purpose. Sec. 78-327. Permitted uses. Sec. 78-328. Conditional uses. Sec. 78-329. Accessory uses. Sec. 78-330. Area. height. lot width and yard requirements. Secs. 78-331-78-345. Reserved. Sec. 78-326. Purpose. The LR-1B one-family lakeshore residential district is intended to provide a district which will allow a combination of medium-density residential developments and limited agricultural activity. Planned residential developments may be allowed by conditional use permits. The proposed land use may not endanger the quality of stormwater runoff into Lake Minnetonka or Long Lake. Because of the location of the district near Lake Minnetonka or Long Lake, special regulations are necessary to protect these natural resources from the effects of dense development. This district shall have immediate access to highways and public sanitary sewer. (Code 1984, § 10.24(1)) Sec. 78-327. Permitted uses. Within the LR-1 Bone-family lakeshore residential district, no land or structure shall be used except for one or more of the following uses: (1) City-owned public service structures that have been approved by the city council after the required public hearings for public improvement projects, provided that: a. All buildings are located at least 50 feet from any adjacent property zoned for residential use. b. The architectural design of the structure is found to be compatible with the surrounding area. c. If the city proposes amendment to the approved design plans or the placement of the structure, notice of the proposed changes shall be mailed to all property owners within 350 feet of the parcel on which the structure is to be located. If the proposed structure is to be located within a public right-of-way, property owners within 350 feet of the structure shall be mailed notice of the proposed changes. Notice shall be mailed at least 14 days before the council meeting at which the amended plans will be considered. (2) Gardens. (3) Municipal buildings. (4) http://library.municode.com/print.aspx?h=&amp;clientID=13094&amp;HTMRequest=http... 1/16/2014 Municode Page 2 of 6 Nonrental guest apartments (no exterior ingress or egress). An apartment within the principal residence structure on a lot for the sole use of the occupants of the principal residence, including their domestic employees or nonpaying guests. The only means of ingress or egress to the apartment shall be from within the principal structure. Application for such a guest apartment shall address the concerns of parking, sewage treatment, entryway and interior access method. Such apartments shall not have utilities metered separately from the principal residence utilities and shall not have a separate street address. (5) One-family detached dwellings. (6) Publicly owned parks and playgrounds. (Code 1984, §§ 10.20(2), 10.24(2); Ord. No. 44 3rd series,§ 4, 2-25-2008; Ord. No. 82 3rd series,§ 11, 12-13- 2010; Ord. No. 90 3rd series,§ 5, 12-12-2011) State law reference-State mandated pennitted uses, Minn. Stat. § 462.357, subd. 7. Sec. 78-328. Conditional uses. Within any LR-1 B one-family lakeshore residential district, no structure or land shall be used for the following uses except by conditional use permit: (1) Golf courses, country clubs, tennis clubs, non-profit camps, and religious camps, provided that: (2) a. All principal buildings are located at least 100 feet from any adjacent property zoned for residential use; and b. All accessory buildings and structures more than six feet in height are located at least 50 feet from any adjacent property zoned for residential use. Guest houses and nonrental guest apartments. a. Guest houses, provided that: 1. 2. The lot is at least two times the minimum lot area required by this section; and The guest house is for the sole use of the occupants of the principle dwelling, including their domestic employees and nonpaying guests. b. Guest apartments with exterior ingress and egress, provided that: 1. The application for a guest apartment adequately addresses the concerns of parking, sewage treatment, exterior access method, and interior access method; 2. There is at least one access door to the apartment from inside the principal dwelling and this door is the primary means of accessing the apartment; 3. The guest apartment does not have a separate address; 4. The guest apartment's utilities are not metered separately from the principal dwelling; and 5. The guest apartment is for the sole use of the occupants of the principal dwelling, including their domestic employees and nonpaying guests. (3) Keeping of farm animals for noncommercial purposes and for the use of the occupants of premises, provided that: a. Where the applicant requests a conditional use permit to keep horses, there must be at least one acre for the dwelling and two acres of open pasture for the first horse. If the applicant requests a conditional use permit to keep more than http://library.municode.com/print.aspx?h=&amp;clientID=13094&amp;HTMRequest=http... 1/16/2014 Municode Page 3 of 6 one horse, the property must have one additional acre of open pasture for each additional horse. Calculations of minimum pasture acreage shall not include any land defined as a wetland or wetland buffer under section 78-1602 b. Where the applicant requests a conditional use permit to keep farm animals other than horses, there must be at least one acre for the dwelling and one acre for each animal unit. Calculations of minimum acreage required shall not include any land defined as a wetland or wetland buffer under section 78-1602 c. Any building or structure associated with the animals is located more than 150 feet from the nearest adjacent residence and at least 75 feet from the nearest lot line. d. The use is operated in compliance with Chapter 62, Animals. (4) Places of worship, provided that all buildings and structures, except columbaria, are located at least 50 feet from any adjacent property zoned for residential use. (5) Planned residential development, limited to detached single-family dwellings only and subject to the limitations of division 10 of this article. (6) Public service structures, provided that: a. All buildings are located at least 50 feet from any adjacent property zoned for residential use; and b. The architectural design of the structure is compatible with the architectural design of the surrounding area. (7) Provision of a bathtub or shower in an accessory building. Approval shall be conditioned on provision of municipal sanitary sewer or a conforming sewage treatment system designed to handle the anticipated flows from the building plumbing. Approval shall be granted only when the following criteria are met: a. The council finds that the proposed use of the accessory structure with a bathtub or shower will not be detrimental to the residential character of the neighborhood. b. The council finds that the plumbing fixtures proposed are in keeping with the intended use of the accessory building. c. The accessory building is conforming in location, size and height. d. The property owner agrees to the filing of a covenant in the title of the property providing that the accessory building will not be: 1. Used for a home occupation unless specifically approved by the city or if allowed by this Code. 2. Used as a dwelling unless a guest house conditional use permit is obtained. 3. Rented, leased or otherwise provided for use as a dwelling under any circumstances. (8) Schools, daycare centers, uses accessory to a high school. a. Pre-kindergarten, primary and secondary public schools and private schools with a curriculum similar to a pre-kindergarten, primary or secondary school. Schools may include before and after school care for students. b. Daycare centers, nursery schools and similar programs that are not associated with a public or private school and serve pre-kindergarten children. c. Indoor ice arenas accessory to a high school provided the arena, including accessory uses, is: 1. http://library.municode.com/print.aspx?h=&amp;clientID=13094&amp;HTMRequest=http... 1/16/2014 Municode Page 4 of 6 Located on the same tax parcel as the high school to which it is accessory and is owned by the local school district; 2. 3. Not separated from the high school building by a public road; Operated by the school district or by a nonprofit organization; and 4. All structures are located at least 50 feet from any adjacent property zoned for residential use. (9) Two-family dwelling, provided that: a. Public sanity sewer service is available; b. The lot is adjacent to a commercial or industrial parcel; c. The dwelling is within 200 feet of the commercial or industrial parcel; and d. The design of the dwelling is compatible with the surrounding residences. (10) Columbaria, provided that all portions of columbaria located at or below ground shall be located at least five feet from any adjacent lot line and at least 50 feet from principal structures located on any adjacent property, whether such property is zoned for residential or non-residential use. All portions of columbaria located above ground shall meet the following standards: a. Located at least ten feet from property boundaries. b. Located at least 50 feet from principal structures located on any adjacent property, whether such property is zoned for residential or non-residential use. c. Located at least ten feet from the edge of the paved, traveled roadway. d. Shall not exceed eight feet in height including any appurtenances. e. Direct views from all adjoining residential parcels shall be buffered by appropriate means. (Code 1984, §§ 10.20(3), 10.24(3); Ord. No. 145 2nd series,§ 1, 3-11-1996; Ord. No. 161 2nd series,§§ 3, 4, 6-7- 1997; Ord. No. 178 2nd series,§ 1, 12-8-1997; Ord. No. 179 2nd series,§ 2, 10-12-1998,· Ord. No. 28 3rd series,§ 6, 8-22-2005; Ord. No. 44 3rd series, § 4, 2-25-2008; Ord. No. 45 3rd series, § 4, 2-25-2008; Ord. No. 79 3rd series, § 5, 11-8-2010; Ord. No. 82 3rd series,§ 12, 12-13-2010; Ord. No. 90 3rd series,§ 5, 12-12-2011; Ord. No. 100 3rd series, § 2, 2-25-2013) Editor's note- Ord. No. 79 3rd series, § 5, adopted Nov. 8, 2010, set out provisions intended for use as subsection 78-328(17). To facilitate inclusion of Ord. No. 82 3rd series, adopted Dec. 13, 2010, and at the editor's discretion, these provisions have been included as subsection 78-328(11 ). State law reference-State mandated permitted uses, Minn. Stat. § 462.357, subd. 7. Sec. 78-329. Accessory uses. Within any LR-1 Bone-family lakeshore residential district, the only permitted accessory uses and structures are the following: (1) Buildings temporarily located for purposes of construction on the premises for a period not to exceed time necessary for such constructing. (2) Driveways, sidewalks and parking spaces. (3) Detached private garages and buildings subject to the performance standards of this chapter. (4) Private recreational facilities subject to the pertinent accessory structure location and height requirements of this chapter. (5) http://library.municode.com/print.aspx?h=&amp;clientID= l 3094&amp;HTMRequest=http... 1/16/2014 Municode Page 5 of 6 Private docks, subject to this code and other applicable regulations, including boat storage density requirements. The accessory use of a private dock shall not include renting space. (6) Kennel structures and dog runs, subject to the provisions of chapter 62, article 3. (7) Fencing subject to the provisions of section 78-1405(7). (8) Signs, as regulated in this chapter. (9) Flagpoles, subject to accessory structure location and height requirements of this chapter. (10) Gardening and other horticultural uses, including arbors, trellises, aviaries and decorative landscape features, and lawn sprinkler systems. (11) Compost structures and firewood piles, subject to the accessory structure location requirements of this chapter. (12) 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. (13) One temporary roadside stand offering for sale only farm products produced on the premises, provided such stand does not exceed 200 square feet in area and is located at least 30 feet back from the public right-of-way. (14) Storage of recreational vehicles and equipment such as RVs, boats, snowmobiles, etc., subject to the provisions of sections 78-1511 through 78-1515 and 78-1577. Ice fishing houses and similar structures equipped with wheels or mounted on a trailer shall be regulated as recreational vehicles. Ice fishing houses and similar structures not equipped with wheels or mounted on a trailer shall be regulated as accessory buildings and subject to accessory building regulations. (15) Garage sales, yard sales, estate sales or rummage sales, limited to a maximum of four consecutive days and occurring no more than two times within one calendar year per property; and sales of personal or recreational vehicles and equipment, limited to no more than two items per calendar year, and such items for sale shall not be parked in any portion of the public right-of-way, public boulevard, or required front yard except a designated, improved driveway. (16) Laundry drying equipment. (17) Other uses that are customarily incidental to, and subordinate to, the allowed permitted and conditional uses in this district. (Code 1984, §§ 10.20(4), 10.24(4); Ord. No. 161 2nd series, § 6, 6-7-1997; Ord. No. 221 2nd series, § 3, 9-23-2002; Ord. No. 82 3rd series,§ 13, 12-13-2010; Ord. No. 93 3rd series,§ 2, 6-25-2012; Ord. No. 96 3rd series,§ 3(3.01, 3.02), 11-13-2012; Ord. No. 106 3rd series,§ 6, 6-10-2013) Sec. 78-330. Area, height, lot width and yard requirements. Lot Area (acre) (a) Height. No structure or building in the LR-1 B district shall exceed 2½ stories and shall not exceed 30 feet in height except as provided in section 78-1366 (b) Lots. The following minimum requirements shall be observed: Lot Width (feet) Front rYard (feet) :,ide Yard Adjacent to Another Rear Yard (feet) Side Yard Adjacent to Street (feet) http://library.municode.com/print.aspx?h=&amp;clientID=13094&amp;HTMRequest=http... 1/16/2014 Municode Page 6 of 6 (Code 1984, § 10.24(5); Ord. No. 18 3rd series,§ 3, 9-27-2004) Secs. 78-331-78-345. Reserved. http ://library .municode. com/print.aspx?h=&amp ;clientID= 13 094&amp ;HTMRequest=http... 1/16/2014 Municode Page 1 of 8 Orono, Minnesota, Code of Ordinances » Title VI -LAND USE >> Chapter 78 -ZONING REGULATIONS » ARTICLE XIII. STORMWA TER QUALITY OVERLAY DISTRICT » ARTICLE XIII. STORMWATER QUALITY OVERLAY DISTRICT DIVISION 1. -IN GENERAL DIVISION 2. -GENERAL REGULATIONS FOR ALL PARCELS WITHIN THE STORMWATER QUALITY OVERLAY DISTRICT DIVISION 3. -REGULATIONS BASED ON ASSIGNED PROTECTION TIER AND UNDERLYING ZONING Orono, Minnesota, Code of Ordinances » Title VI -LAND USE >> Chapter 78 -ZONING REGULATIONS » ARTICLE XIII. -STORMWATER QUALITY OVERLAY DISTRICT » DIVISION 1. IN GENERAL » DIVISION 1. IN GENERAL Sec. 78-1670. Purpose. Sec. 78-1671. Adoption of the stormwater quality overlay district map. Sec. 78-1672. District application. Secs. 78-1673-78-1679. Reserved. Sec. 78-1670. Purpose. The City of Orono recognizes through its comprehensive plan that managing stormwater runoff is essential for protection of the water quality of Lake Minnetonka, for preservation of the natural wildlife habitat within marshlands, and for protection against flooding and flood damage. Accordingly, the city has established this stormwater quality overlay district to organize regulations deemed necessary to ensure high quality stormwater runoff throughout the city. (Ord. No. 94 3rd series, § 11, 9-24-2012) Sec. 78-1671. Adoption of the stormwater quality overlay district map. The map entitled City of Orono Stormwater Quality Overlay District Map, dated September 24, 2012, hereinafter referred to as the "stormwater overlay district map," and all explanatory matters thereon, are hereby adopted and made a part of Article XIII: Stormwater Quality Overlay District. (Ord. No. 94 3rd series, § 11, 9-24-2012) Sec. 78-1672. District application. (a) The provisions of article XIII shall apply to all parcels within the jurisdiction of Orono that are shown to be within one of the stormwater quality protection zones depicted on the stormwater overlay district map. (b) All parcels within the stormwater quality overlay district shall adhere to both the general requirements for all overlay district parcels listed in division 2 as well as the specific http://library.municode.com/print.aspx?h=&amp;clientID=l3094&amp;HTMRequest=http... 1/16/2014 Municode Page 2 of 8 requirements in division 3 for the stormwater quality protection zone to which the parcel is assigned. (Ord. No. 94 3rd series,§ 11, 9-24-2012) Secs. 78-1673-78-1679. Reserved. Orono, Minnesota, Code of Ordinances>> Title VI -LAND USE» Chapter 78 -ZONING REGULATIONS » ARTICLE XIII. -STORMWATER QUALITY OVERLAY DISTRICT» DIVISION 2. GENERAL REGULATIONS FOR ALL PARCELS WITHIN THE STORMWATER QUALITY OVERLAY DISTRICT» DIVISION 2. GENERAL REGULATIONS FOR ALL PARCELS WITHIN THE STORMWATER QUALITY OVERLAY DISTRICT Sec. 78-1680. Hardcover restriction zones. Sec. 78-1681. Driveways, in general. Sec. 78-1682. Shared driveways. Sec. 78-1683. Standard hardcover inclusions. Sec. 78-1684. Standard hardcover exclusions. Sec. 78-1685. Massing standards. Sec. 78-1686. Variances. Secs. 78-1687-78-1699. Reserved. Sec. 78-1680. Hardcover restriction zones. Within 75 feet of the ordinary high water level (OHWL) of any lake or tributary, and within any bluff or shore impact zone, no hardcover shall be placed, located or constructed, except for driveways, stairways, lifts, landings and lockboxes as regulated by the shoreland overlay district. (Ord. No. 94 3rd series,§ 11, 9-24-2012) Sec. 78-1681. Driveways, in general. All driveways shall comply with the following minimum dimensional standards: (1) Driveways serving end loading garages shall maintain a width equivalent to the width of all overhead doors extending 15 feet out from the garage doors. (2) Driveways serving side loading garages shall provide a minimum turn around or back up depth of 20 feet, as measured from the garage door(s). (3) Minimum driveway taper ratio shall be 2:1. (4) Driveways shall be at least eight feet in width at the street or private road. (5) A turnaround shall be provided for a driveway with direct access to an arterial or collector roadway, or for a side load garage as determined necessary by the city planner. The minimum dimensions of the turnaround shall be eight feet in width by 12 feet in depth. (6) "Wheel strip" driveways are allowed, but the entire width of the driveway (from outside to outside of the strips) will be considered hardcover. Drawing 1 is included for illustrative purposes. http://library.municode.com/print.aspx?h=&amp;clientID=l3094&amp;HTMRequest=http... 1/16/2014 Municode Drawing 1: Minimum Driveway Standards J_ ___ s_· -- -0 ..C VI ,~ Side Load E ~ E; ·e l!i Backup Apron (If Required) s·xa· Minimum ~ ~:::::::::=:::::----"4 Apron Depth 20' Min. End Load Minimum Width of Garage Door 4'Rad (Min) 5' Rad. Edge of Right-Of-Way (Lot Line) Minimum Driveway Standards Dnvewav Width s· Minimum (20' Maximum) Page 3 of 8 (Ord. No. 94 3rd series, § 11, 9-24-2012) Sec. 78-1682. Shared driveways. Where one or more properties (referred to as secondary property) gain its driveway access from an adjacent property (a primary property) by virtue of a driveway easement, the following shall apply: ( 1) The portion of the shared driveway on the primary property that serves both primary and secondary property shall be considered hardcover for the primary property. (2) That portion of the driveway on the primary property that serves only secondary property shall not be considered hardcover for either primary or secondary property. Drawing 2 is included for illustrative purposes. http://library.municode.com/print.aspx?h=&amp;clientID=13094&amp;HTMRequest=http... 1/16/2014 Municode Drawing 2: Driveway Easements r------------------,------------------7 1r,..,..,..,_,...,.,...,..,.,-r,i I F,:-,..,<:"\.-.::'<:"',~""'~ I I~ ~ I t: ~ I 11· House ;I I 1--House ~ I t " t ~ Ir. f,..,.,..,.,,.rrrr,.,. I f'""'"""'~=~ 1 I 11:..,.,...: "'-,.-' .L '-"-' k/1 Ga1age ~ 1 f Garage ~ ~'--1,. ~'--I,. ...... , ... 1..:..:i 1 I i:..-""'"""-" J I t ~......... .Ji I I I I I I I I I I I I I I I I : Encroached 1:;,-,......-?':n Benefitted : 1 Property Prope,ty 1 I I I I I I I I I L____________ -L-----------------~ r------------------,------------------, 1r,...,..,..,...,...,. r-rT .-r,i F,:"",.,<:"\."""<:'<:"',~""''-'l I ,r. j [ ~ I ~ J ~ ] 'r House ti t House ~ I 'c. {TT7'T1"'7rTrT'"'). ~""'-""'-'<"<'<'<"'°~ 'I I lt...--'"'-,.-'.L.:...r...:,:..,: Ga1age ~ ~ Ga1age r-~'--1,.~'-l,,.1,.u...i..~ I I """'~ IA I..: ~UU'l.l. Ji I : Encroached Benefitted I 1 Property Property 1 I I I I I I I I I I I I I I I L _________________ _L _________________ ~ ~ =Excludable area-not covered in area V"--"'-'-' // /~ / /'""'--" /.l nor hardcover of encroached lot. Also not added to the hardcover calculations for the benefitted prope1ty. Driveway Easements (Ord. No. 94 3rd series, § 11, 9-24-2012) Sec. 78-1683. Standard hardcover inclusions. Page 4 of 8 The following hardcover items shall be included in proposed hardcover calculations regardless of whether the noted features are proposed to be constructed at the time of a building permit application: (1) Proof of a two-car garage (detached or attached); (2) A driveway for all garages, a minimum of 12 feet in width, subject to the standards in section 78-1681 (3) A 24-inch wide sidewalk connecting the front door to the driveway; (4) http://library.municode.com/print.aspx?h=&amp;clientID=l3094&amp;HTMRequest=http... 1/16/2014 Municode (5) Page 5 of 8 The minimum stairway or landing at all exterior doors as required by the building code;and Existing hardcover which encroaches (legally or illegally) onto an adjacent parcel or parcels. a. In such cases of encroachment, the square footage of all encroaching hardcover shall be added to the overall hardcover on the subject lot; b. No credit shall be given towards the overall lot size of the subject lot. (Ord. No. 94 3rd series,§ 11, 9-24-2012) Sec. 78-1684. Standard hardcover exclusions. Landscaping with permeable lining shall not be considered hardcover. Additionally, the following hardcover items shall be excluded from hardcover calculations: (1) Roads, trails, sidewalks, utilities and other hardcover encroachments intended for the public's benefit; (2) Hardcover encroachments created by improvements on adjacent property not owned by the subject landowner; a. In such cases of encroachment, the square footage of all encroaching hardcover shall not be added to the overall hardcover counting against the subject lot; b. The land area upon which the encroachment rests shall count towards the overall lot area for the subject lot. (3) Retaining walls; (4) Handicapped ramps with a pervious surface below; and (5) The first 100 square feet of pervious paver patios/walkways or the first 100 square feet of deck with a minimum one-fourth-inch spacing between boards and a pervious surface below the decking. (Ord. No. 94 3rd series, § 11, 9-24-2012) Sec. 78-1685. Massing standards. (1) Non-industrial zoning districts. Except for parcels zoned industrial, all lots in the stormwater quality overlay district that have a gross acreage of less than two acres shall comply with the following massing standards for structures. a. Maximum total footprints allowed. 1. On lots equal to or greater than 10,000 square feet in area, the total combined footprints of all principal and accessory structures shall not exceed 15 percent of the gross lot area. 2. On lots of less than 10,000 square feet in area, the total combined footprints of all principal and accessory structures shall not exceed 1,500 square feet. b. Calculation of massing. The following shall be included in the calculation of the total combined footprints by structures: 1. All roofed structures more than six feet above grade level. 2. Tennis courts, patios, decks, and all similar open structures when partially or fully enclosed by fences, railings or walls which extend more than six feet above grade level (if any portion of such structures extends more than six feet above grade level, the entire structure shall count toward lot coverage). http://library.municode.com/print.aspx?h=&amp;clientID=13094&amp;HTMRequest=http... 1/16/2014 Municode Page 6 of 8 (2) Industrial zoning district. For parcels zoned industrial, the following massing standards for structures shall apply. a. On lots equal to or less than three acres in area, the total combined footprints of all principal and accessory structures shall not exceed 35 percent of the gross lot area. b. On lots greater than three acres in area, the total combined footprints of all principal and accessory structures shall not exceed 45 percent of the gross lot area; except that when the total building floor area on a site is contained within a single building, and when the total area used for loading terminals, docks and berths is completely enclosed within the same single building, a lot coverage of not more than 60 percent of the gross lot area will be permitted. (Ord. No. 94 3rd series, § 11, 9-24-2012) Sec. 78-1686. Variances. Variances to hardcover, if granted on lots within the stormwater quality overlay district, may be subject to mitigation measures deemed appropriate by the city council to offset the impacts generated by the proposed additional hardcover. (Ord. No. 94 3rd series, § 11, 9-24-2012) Secs. 78-1687-78-1699. Reserved. Orono, Minnesota, Code of Ordinances » Title VI -LAND USE » Chapter 78 -ZONING REGULATIONS » ARTICLE XIII. -STORMWATER QUALITY OVERLAY DISTRICT » DIVISION 3. REGULATIONS BASED ON ASSIGNED PROTECTION TIER AND UNDERLYING ZONING » DIVISION 3. REGULATIONS BASED ON ASSIGNED PROTECTION TIER AND UNDERLYING ZONING Sec. 78-1700. Specific tier regulations. Sec. 78-1701. Tier assignment methodology Secs. 78-1702-78-1724. Reserved. Sec. 78-1700. Specific tier regulations. Per the official stormwater quality overlay district map, each property in the stormwater quality protection overlay district is assigned to a protection tier based on its relative distance to receiving waters. This protection tier dictates the specific protection measures that must be implemented. (1) Tier 1 parcels. Hardcover shall not exceed 25 percent of the gross lot area. (2) Tier 2 parcels. Hardcover shall not exceed 30 percent of the gross lot area. (3) Tier 3 parcels. Hardcover shall not exceed 35 percent of the gross lot area. (4) Tier 4 parcels. Hardcover shall not exceed 50 percent of the gross lot area. (5) Tier 5 parcels. Hardcover shall not exceed 85 percent of the gross lot area. (Ord. No. 94 3rd series,§ 11, 9-24-2012) http:/ /library .municode. com/print.aspx?h=&amp;clientID= 13094&amp;HTMRequest=http... 1/16/2014 Municode Page 7 of 8 Sec. 78-1701. Tier assignment methodology The inclusion of parcels into the stormwater quality overlay district is based on the following methodology. (1) Examine each parcel and determine whether or not it abuts a protected lakeshore or stream. a. All parcels that abut a protected lakeshore or stream shall be placed into Protection Tier 1. b. All parcels that do not abut a protected lakeshore or stream shall be examined under the criteria in subsection 78-1701 (2) below. (2) Determine the location of the primary building area on the parcel being examined. The primary building area shall be identified by the location of an existing primary structure (if applicable), or by considering required setbacks and/or the average location of structures on adjacent lots. a. If the primary building area is wholly within 250 feet of a protected lakeshore or stream, the parcel shall be placed into Protection Tier 1. b. If the primary building area is wholly not within 250 feet of a protected lakeshore or stream, the parcel shall continue to be examined under the criteria in subsection 78-1701(3) below. c. If the primary building area is divided by the 250-foot delineation line, the following assessment shall guide the designation: 1. If an adjacent parcel abutting by a side lot line is already assigned to Protection Tier 1, the parcel shall be placed into Protection Tier 1. 2. If all adjacent parcels abutting by a side lot line have not been assigned to a protection tier, the parcel shall continue to be examined under the criteria in subsection 78-1701 (3) below. (3) Using the location of the primary building area as identified in section 78-1701 (2), determine the distance between the primary building area and the nearest protected lake or stream. Distances shall be measured from the required setback nearest the protected water body to the OHWL. a. If any portion of the primary building area is at a distance of 300 feet or less from a protected stream or is at all touching the landward extent of floodplain from a stream, the parcel shall be placed into Protection Tier 2. b. If any portion of the primary building area is at a distance between 250' and 500' from a protected lakeshore, the parcel shall be placed into Protection Tier 2. c. If the primary building area is at a distance greater than 500 feet and up to 1,000 feet from a protected lakeshore, the parcel shall be placed into Protection Tier 3. d. If the primary building area is beyond a distance of 1,000 feet from a protected lakeshore or stream, the parcel shall continue to be examined under the criteria in subsection 78-1701 (4) below. (4) Determine the zoning of the subject parcel. a. If the property is zoned residential planned unit development (RPUD), the parcel shall be placed into Protection Tier 4. b. If the property is zoned industrial (I), the parcel shall be placed into Protection Tier 5. http://library.municode.com/print.aspx?h=&amp;clientID=l3094&amp;HTMRequest=http... 1/16/2014 Municode C. Page 8 of 8 If the parcel being examined has not yet been assigned to a protection zone, the parcel shall continue to be examined under the criteria in subsection 78- 1701 (5) below. (5) Determine whether the unassigned parcel (or group of unassigned parcels) is within a gap. A gap is an area of 20 acres or less that is largely surrounded by parcels assigned to protection tiers. Roadways, if present, will be used as a dividing line when identifying gap areas. a. Beginning with parcels on an individual basis, if more than half of the border of a parcel is regulated via one of the protection tiers, the parcel shall be placed into the tier which abuts the parcel by the greatest percentage. b. Unassigned parcel groupings of 20 acres or less that have more than half of the group's overall border regulated via one of the protection tiers shall be placed into the tier which abuts the group area by the greatest percentage. c. Parcels still unassigned to a protection tier following review under subsection 78-1701(5)(b) above shall be exempt from stormwater quality overlay district regulations. As new parcels are created within the city as a result of subdivision, each new parcel shall be examined under this methodology to determine whether it belongs within a protection tier as part of the overlay district, or be exempt from the regulations of this article. (Ord. No. 94 3rd series,§ 11, 9-24-2012) Secs. 78-1702-78-1724. Reserved. http://library.municode.com/print.aspx?h=&amp;clientID= 13094&amp;HTMRequest=http... 1/16/2014 Municode Page 1 of 2 Sec. 78-1279. Placement of structures on lots. When more than one setback applies to a site, structures and facilities must be located to meet all setbacks. Structures shall be located as follows: Public Water Classification NE RD GD rrributarv Setback from: IT op of bluff (1) Structure and on-site sewerage system setbacks (in feet) from ordinary high water level: Setbacks Sewai;!e Structure Treatment Un sewered Sewered System 150 150 150 100 75 75 75 75 75 100 75 75 (2) Additional structure setbacks. The following additional structure setbacks apply, regardless of the classification of the water body: Setback (in feet) 30 Unplatted cemetery 50 Right-of-way line of federal, state or county highway and local public and 30* 1Private roads * Except for detached garages on lakeshore lots as regulated in section 78-1435 and except for structures subject to less restrictive side yard adjacent to street setbacks as regulated in the various zoning districts. (3) Bluff impact zones. Structures and accessory facilities, except stairways, landings and lock boxes, must not be placed within bluff impact zones. (4) Uses without water-oriented needs. Uses without water-oriented needs must be located on lots or parcels without public waters frontage, or, if located on lots or parcels with public waters frontage, must either be set back double the normal ordinary high water level setback or be substantially screened from view from the water by vegetation or topography, assuming summer, leaf-on conditions. (5) Fences, docks, retaining walls. No fence shall be placed within the shore setback zone. Portions of dock located landward of the OHWL shall be considered as a landing, subject to the regulations for landings per section,78-1282. Retaining walls shall not be placed within the shore setback zone. (6) Average lakeshore setback. No principal or accessory structure shall be located closer to the lakeshore than the average distance from the shoreline of existing residence buildings on adjacent lots; except that this does not apply to stairways, lifts, http://library.municode.com/print.aspx?h=&amp;clientID= 13094&amp;HTMRequest=http... 1/16/2014 Municode Page 2 of 2 landings, lockboxes, flagpoles and pump houses. Further, the average lakeshore setback shall apply only to classified lakes and shall not apply to tributaries. The average lakeshore setback line shall be a straight line connecting the most lakeward protrusions of the residence buildings on the immediately adjacent lakeshore lots. a. In instances where the average lakeshore setback can not be met, administrative approval may be granted at the discretion of the planning director provided no lake views of an adjacent lakeshore lot are obstructed and adjacent neighbors provide written approval. (Ord. No. 1012ndseries, § 1(10.56(16)(C)), 2-24-1992; Ord. No. 113rdseries, § 1, 5-24-2004; Ord. No. 1063rd series, § 28, 6-10-2013) Sec. 78-1288. Hardcover limitations. Hardcover on all lots within the shoreland overlay district shall comply with the requirements of Article XIII: Stormwater Quality Overlay District. (Ord. No. 94 3rd series, § 6, 9-24-2012) Editor's note-- Ord. No. 94 3rd series,§ 6, adopted Sept. 24, 2012, repealed the former§ 78-1288, and enacted a new§ 78-1288 as set out herein. The former section pertained to similar subject matter and derived from Ord. No. 101 2nd series,§ 1(10.56(16)(L)), 2-24-1992; Ord. No. 59 3rd series, § 3, 5-11-2009. http://library.municode.com/print.aspx?h=&amp;clientID=13094&amp;HTMRequest=http... 1/16/2014 PC Exhibit H 1535 Bohns Point Road #14-3646 Summary Estimate of Fees* Preliminary Subdivision Plat Application: Preliminary Subdivision Application $850 +$30/lot Application Escrow (guarantees payment of City's consultant costs) $2,500 Estimated cost of City Engineer's review of preliminary plat $2,500 (Actual cost will be billed to property owner) Collected with Application $910.00.00 + $2,500 escrow Final Subdivision Plat Application: Final Subdivision Application, including Legal Review and Filing (w/ covenants) (Covers first review of documents, if additional time is required, those costs will be billed to the property owner.) $700 Storm Water and Drainage Trunk Fee $5,000/acre * (paid for the entire plat) Park Fee {8% of Fair Market Value), but no less than $3,250/per lot and no more than $5,550 per lot x #of new lots $5,550/lot Estimated cost of City Engineer's review of final plat (Actual cost will be billed to property owner) $500.00 Final Subdivision Application Fee, Storm Water and Drainage Trunk Fee, Park Fee are to be paid with the Final Plat application. Letter of Credit or other required securities are to be submitted with the Final Plat application. Consultant costs can be on-going and are to be paid in full before the final plat is recorded. *Based on 2014 Fee Schedule ZONING APPLICATIONS (CONT.) Application Type PLANNED DEVELOPMENT RPUD or PRD Application with Subdivision RPUD or PRD Application without Subdivision PID Applications (5 acre minimum per code) PUD Rezoning (Highway 12 Corridor Only): Residential Commercial/Industrial Application Escrow COMMERCIAL SITE PLAN REVIEW Application Escrow ZONING AMENDMENTS INCLUDING REZONING Escrow REQUEST TO AMEND COMPREHENSIVE PLAN Escrow SUBDIVISION Sketch Plan (Class I, II, & III) Basic Subdivision Application (Class I & II Subdivisions, Subdivision of a Lot Line Rearrangement) Preliminary Plat Review (Class III and all non-residential) Final Plat Review Renewal of Subdivision Approval (Class I, II & Ill, and Subdivision of a Lot Line Rearrangement) (No Change from Original Approval) Application Escrow (All Class II and III Subdivisions, and any Class I Subdivision or Lot Line Rearrangement that involves improvements subject to a Development Agreement) Fee Subdivision Fee plus $35.00 per dwelling unit $50.00 per dwelling unit (minimum $600.00) $200.00 per acre (minimum $1,000.00) $700.00 + $40.00 per dwelling unit $200.00 per acre (min. $875.00) $10,000 minimum $700.00 + Consultant Fees $10,000 minimum $700.00 + Consultant Fees $700.00 $700.00 + Consultant Fees $700.00 $350.00 $700.00 Applicable Code Section Ch. 78, Article VI Sec. 78-42 Sec. 78-42 Sec. 78-42 Sec. 78-42 Sec. 78-42 Sec. 82-85 Sec. 82-112 (a)(b), 82-15 $850.00 + $30.00/lot Sec. 82-112 (c) ($810/2 lots; $840/3 lots; $870/4 lots, etc.) $700.00 + Special Legal/Engineering/ Consultant Charges Sec. 82-142 (9) $350.00 $2,500 minimum-no public Sec. 78-42 and 82-47 improvements $10,000 minimum with public improvements "ti C") m >< :T s: ;:;: 2014 Fee Schedule-Page 2 ZONING APPLICATIONS (CONT.) PARK DEDICATION FEES I Land Dedication Minimum Area -Subdividers shall be required to dedicate to the City for parks, playgrounds, trails, open spaces and other public purposes as a minimum that percentage Fee of gross land area, or other such amount as may be determined by the City Council, as set forth below: (1) Residential/Agricultural/Multiple Residential Zoned Land. Dedication requirement of8% of the land being platted or subdivided. (Exclusive of lot that includes an existing residence.) (2) Commercial/Industrial Zoned Land. Dedicated requirement of8% of the land being platted or subdivided. Cash Contribution in Lieu of Lands. In those instances where a cash contribution is to be made by the subdivider, in lieu of a conveyance or dedication of land, the cash contribution to be contributed shall be equivalent to the fair market value of the equivalent undeveloped land that would otherwise have been conveyed or dedicated. The City shall account for such funds in a special fund named Park Dedication Funds. The City Council has established by resolution a minimum residential park fee of $3,250 per dwelling unit and a maximum of$5,550 per dwelling unit. The City Council has established by resolution a minimum commercial/industrial park fee of $8,125 per acre and a maximum of$13,875 per acre. Applicable Code Section Sec. 82-227 Res. 4738 (12-10-01) Res. 4739 (12-10-01) 2014 Fee Schedule-Page 5 ZONING APPLICATIONS (CONT.) STORM WATER AND DRAINAGE TRUNK FEES Fee Applicable Code Section Sec. 14-281 thru 14-287 Storm water trunk fees apply to new development and redevelopment of existing properties and provide funding for the storm water infrastructure necessary to serve the City. The trunk fee is based on the land use and acreage of the property being developed. An equivalency factor multiplier is assigned to each land use type, with a 2-acre residential lot considered as the standard in the City with an equivalency factor of 1.0. The table below lists the storm water trunk fees per acre for the various zoning districts and land uses in the City. Storm Water and Draina2e Trunk F New Development Trunk Fee/ (1) Buffer Easement Reduction. For the 5-acre zoning Land Use Acre district, a reduction of up to 50% of the trunk fee for the lot will be allowed for the percentage of the lot protected by Single Family Residential 5 Acre Zone (1) (2) $3,075 perimeter and/or drainage way buffer easements. These buffer easement areas shall remain in a natural condition. Single Family Residential 2 Acre Zone (3) $3,840 (2) Maximum Fee. For the 5-acre zoning district, any lot Single Family Residential 1 Acre Zone $5,000 exceeding 7.0 gross acres including wetland, shall be charged a maximum trunk fee equal to the trunk fee for a 7.0 acre parcel. Such lot shall remain eligible for the up to 50% Single Family Residential 1/2 Acre Zone $5,765 reduction noted in (1) above, such reduction based on the percentage of7.0 acres that is placed in buffer easements. Multi Family Residential 4 Units/Acre or Less $6,930 (3) Maximum Fee. For the 2-acre zoning districts, any Multi Family Residential Greater than 4 Units/Acre $8,085 lot exceeding 4.0 gross acres including wetland, shall be charged a maximum trunk fee equal to the trunk fee for a 4.0 Commercial or Industrial $9,230 acre parcel. Redevelopment projects will be defined as any project to either remove and replace existing structures or to enlarge existing structures. These projects will be charged a portion of the base trunk fee adjusted for the area of expansion of impervious surface above the existing conditions. The table below lists the base trunk fee based on the area of impervious surface expansion and adjusted for the type of land use. The trunk fee shall be determined by multiplying the appropriate fee by the acreage of the development site. Area oflmpervious Surface Residential Redevelopment or Expansion Commercial or Industrial Expansion of Existing Development Redevelopment or Expansion of Existing Trunk Fee/Acre Development Trunk Fee/Acre 0-1000 Square Feet $1,350 $3,230 1000-2000 Square Feet $2,690 $6,460 More than 2000 Square Feet $3,780 $9,240 2014 Fee Schedule-Page 6 RUN DATE: 11/26/2013 38 08-117-23 44 0006 CATHERJNE M SALLAS 3220 BOHNS POINT LA CATHERJNE M SALLAS 3220 BOHNS POINT LA WAYZATA MN 55391 38 08-117-23 44 0009 EDGAR J MCDONALD ET AL TRUST 3265 BOHNS POINT LA EDGAR J MCDONALD 10150 VERONA LAKE LA MIROMAR LAKES FL 33913 38 08-117-23440024 KATHLEEN A HALLORAN ETAL TRS 1595 BOHNS POINT RD PATRICK J HALLORAN KATHLEEN A HALLORAN 1595 BOHNS POINT RD WAYZATA MN 55391 38 09-117-23 33 0005 DAVID M LEAVENWORTH 1500 BOHNS POINT RD DAVID M LEAVENWORTH 1500 BOHNS POINT RD WAYZATAMN 55391 38 09-117-23 33 0008 WDLARSON 1580 BOHNS POINT RD WDLARSON PO BOX 270710 MINNEAPOLIS MN 55427 38 17-117-2311 0004 WENDY W DANKEY ET AL 38 ADDRESS UNASSIGNED WENDY W DAN KEY 3034 CASCO POINT RD WAYZATA MN 55391 HENNEPIN f''"'NTY PROPERTY INFORMATION SYSTEM (PROPERTY r· 'lERS LIST) PC ExhibitJ 38 08-117-23 44 0007 LL WEBER & WE WEBER ETAL 3230 BOHNS POINT LA DAVID J CONDON DAWN M CONDON 3230 BOHNS POINT LA WAYZATA MN 55391 38 08-117-23 44 0010 H L SWEATT & VE SWEATT TRES 3225 BOHNS POINT LA HENRY & VIRGINIA SWEATT 3225 BOHNS POINT LA WAYZATA MN 55391 38 09-117-23 33 0003 MAURICE J WEGENER TRUSTEE 1420 BOHNS POINT RD MAURICE J WAGENER 1420 BOHNS POINT RD WAYZATA MN 55391 38 09-117-23 33 0006 THOMAS J ABOOD TRUSTEE 1520 BOHNS POINT RD THOMAS J ABOOD 1520 BOHNS POINT RD WAYZATA MN 55391 38 16-117-23 220001 WENDY W DANKEY 1600 BOHNS POINT RD WENDY W DANKEY 2599 CASCO PT RD WAYZATA MN 55391 38 17-117-23 11 0005 RANDALL A GREEN 1629 BOHNS POINT RD RANDALL A GREEN 1629 BONHS POINT RD ORONO MN 55391 38 08-117-23 44 0008 JOHN ROGER SIMPSON BRICE 3260 BOHNS POINT LA JOHN ROGER SIMPSON BRJCE 3260 BOHNS POINT LA WAYZATA MN 55391 38 08-117-23 44 0023 DNA PROPERTIES LLC 1535 BOHNS POINT RD AMA INVESTMENTS LLC POBOX35139 FORT WORTH TX 76162 38 09-117-23 33 0004 HOWARD R ALTON III 1480 BOHNS POINT RD HOWARD R ALTON III 1480 BOHNS POINT RD WAYZATA MN 55391 38 09-117-23 33 0007 MARY JANE HAUSER 1540 BOHNS POINT RD MARY JANE HAUSER 1540 BOHNS POINT RD WAYZATAMN 55391 38 17-117-23 11 0003 R L RO VICK & CJ RO VICK 1625 BOHNS POINT RD ROGER ROVICK 2661 ARCOLA LANE WAYZATA MN 55391 38 17-117-23110013 RONALD L & SUSAN K OTTEN 38 ADDRESS UNASSIGNED RONALD L OTTEN SUSAN K OTTEN 1655 BOHNS POINT RD WAYZATA MN 55391 :1ECEIVED DEC -9 2013 CITY OF ORO!\/ ~J HENNEPIN COUNTY MAIL LABEL GENERA TOR H Hennepin County Mailing Label Map Provided By: Taxpayer Services Department 17-117-23-11 For more information· contact : Hennepin County GIS Division 300 South 6th Street Minneapolis, MN 55487 gis. info@co .hennepin.mn. us Map Comments: 1535 BOHNS POINT RD l!Yt .WI I •' I I l (24 1 Print Date: 11/26/2013 Map Scale: 1" = 305' · Buffer Size: 350 feet Map Legend : Wat.er Parl( Parcel [=i Buffer Region Selected Parcels ....... ~,"' c -:o1a-." PC Exhibit K Major Roads Minor Roads II i\ ,,_ -~Y.L -L -·~r - ;.Im•~, appedENNEPIN ,,.1 ' ~ ,,,, 3 6l :1ECEIVED DEC -9 2013 CITY OF ORONO 11/26/2013 CITY OF ORONO 2750 Kelley Parkway PO Box 66 NOTICE OF PLANNING COMMISSION ACTION ZONING FILE: #13-3646 Council Exhibit E Crystal Bay, MN 55323 952.249.4620 DATE OF NOTICE: 24 January 2014 TO: DNA Properties LLC AMA Investments LLC PO Box 35139 Forth Worth, TX 76162 COPIES George Stickney: gstickney@cbburnet.com via Email: allan@amafamofc.com atannexstad@gmail.com TYPE OF REQUEST: DATE OF MEETING: Preliminary Plat for 1535 Bohns Point Road 21 January 2014 The Orono Planning Commission voted 6-0 on a motion to recommend approval of the preliminary plat per the planning staff and City engineer recommendations contained in the January 14, 2014 planning staff report including the following: • Revision of the proposed grading plan to reflect the two lots being graded independently. Please submit at least one week prior to Council review date. VOTE: 6 FOR 0 AGAINST Applicant's next meeting is tentatively scheduled as: Monday, February 10, 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. MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday, January 21, 2014 6:30 o'clock p.m. 5. #14-3646 GEORGE STICKNEY ON BEHALF OF J)NAPR()PERTIES, LLC, 1535 BOHNS POINT ROAD, SUBDMSON: PRELIMINARY ],>LAT, 7:2tP:M. -7:38 P.M. George Stickney, Applicant, was present. Council Exhibit F Curtis stated the applicant is requesting preliminary plata~proyal t6 create. one new 2-plus;a~r~ buildable lots from the original 4.89 acres. There will be two total lots. Lot Yis proposed to contain 2.6lacres dry, buildable land; and Lot 2 is proposed to contain 2.3 acres dry, buildable lane. The property is located in the LR-lB, One Family Lakeshore Residential District, whfohallowfoq,ingle-family lakeshore residential uses with a minimum lot size of one dry buildableacre. The proposed subdivision is in conformity with the guiding of this area for single-family lakeshore residential development at a maximum density of one unit per one acre. ·· · The proposed single-family development wijhtw0,;.plus acre lotsizes is consistent with existing development in the surrounding neighborhood ~here ~ne acrds the minimum lot size. The subject property at 4. 89 acres is the largest property on Bohns Point. The surrounding properties on Bohns Point vary in size from 0.45 to 3 acres. · The home on the site to be platted was redioved in 2009 ind the prJperty is currently vacant. The property currently has two sewyr s\ubs,serving the property. Otl,).er than the approximately 470 feet of lakeshore and a large lagoon near the lake, there are no notable characteristics of the property. The property is situate.d on the west side <Jf Bohns Point. Each of the proposed properties will have frontage o.n Bohrts Point and both lots are proposed to be served by city sewer and private wells. Accordjng to the LR-lB Zoning District standards, aJl of the lots must contain 1.0 dry acre and meet a 140-footwidthrequirementatthelakeshore and atthe 75-foot structural setback from the lake. The average la~eshore setback as detemiiQ.ed by the existing homes at 1595 Bohns Point road and 3265 Bohns Point Lake is closer to the lake{han the 75-foot setback due to the location of the lagoon. Both of the suggested new building pad locatious meet the average lakeshore setback. . . ! l . , Proposed Lot rwm have 2.60 acres of dry land. This lot is proposed to have 192 plus feet of frontage along the lake and 19P feet at the.75-foot setback. There is a sufficient buildable envelope available, and all of the requiredLR-lBdjstrfot lQf line setbacks and hardcover standards can be met. Proposed Lot 2 has 267 feet in,.width at the lake when measured in a straight line at the 929.4 OHWL contour and 270 plus feetin width at the 75-foot setback from the lagoon. This lot is proposed to contain 2.3 plus dry acres in area. All required LR-lB setbacks and hardcover limitations can reasonable be met when this lot is developed with a new home. This subdivision does not require any public improvements. However, the applicant has proposed a suggested grading plan which intends to establish a new base elevation for the properties. This new base elevation is to be considered a new existing grade for the purposes of height and number of stories determination. The Planning Commission should determine whether the character of the area will not be impacted and will tie into the existing grades on neighboring properties in a manner that appears as Page 10 of 26 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday, January 21, 2014 6:30 o'clock p.m. natural and not contrived. The Planning Commission should also determine whether or not the suggested building pads will accommodate homes at an elevation and with a foundation style which is compatible with the adjacent properties. The subject property is located within the Metropolitan Urban Service Area and sewer service is available to these properties. There are two existing sewer stubs currently servirtithe property and are aligned in such a way that each of the proposed lots can utilize the existing stubs. · Planning Staff recommends approval of the subdivis~on. Schoenzeit asked what the grade change is in feet. Curtis indicated Exhibit C shows the cross-section. Curtis stated on th~ south lot along the swale, the pre- existing home on the property was quite large and it is not k,.iown what the grades were prior to construction of that home. Schwingler asked if the Planning Commissionlias reviewed this application pre,vi~usly. Curtis indicated it has but that the approval :has t:xpired, McGrann asked if any public comments have Qeen received on this.application. ,·' ', ' ' ·' :' '' j Curtis indicated Staff has not received l:lll)'. ,· George Stickney, Applicant, st~teahe 'Was asked by tlie sellers to develop this land. The property owner appeared before the Planning Commission previously for a three lot subdivision. The property owner never finalized their pl~ns and never filed the final plat. Stickney stated the lagoon is unique, and with it being split, it made it almost impossible to market. Stickney stated in his view, if they doubled the size of the lot, it would be in keeping with the area and woµfd allow for one lot to have the whole lagoon: Stickney indicated he has attempted to.put the grades together to blend in with the adjoining properties and allow for.a small walkout on,each M the lots. Stickney stated in his view the lots are oversized enough to allowfor some leeway on the grading and building pad. Stickney noted this is a one acre zoning area and bothJots are over two acres. Stickney stated drainage should not affect either adjoining property and.thatfre hasnotheard~ny negative comments from the neighbors. Land graver asked if any of the neighbors have asked to see the plat. Stickney indicated they have not but they do know what is being proposed. Schwingler commented the application is pretty straight forward. Acting Chair Landgraver opened the public hearing at 7:33 p.m. There were no public comments regarding this application. Page 11 of 26 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday, January 21, 2014 6:30 o'clock p.m. Acting Chair Landgraver closed the public hearing at 7:33 p.m. Schoenzeit commented it is an improvement over what was proposed the first time. Landgraver stated the one concern he has relates to the grading between the two houses that are adjoining Lot 2 and the down slope. Landgraver stated in his view it app~arslike a lot of soil is being moved, which would create an unnatural looking ravine on the south side.. · Stickney stated the person that owns that land is his client and tha(he is aware ofwlll:lt is being proposed and has seen all the plans. Stickney stated given the:size of the lots,Jhey do have some room~o move everything, but that approving a plan like this gives the new property owner the ability to .construct something without going through the whole process over again. · Landgraver asked where the lakeshore setback on the north $ide is located; Curtis pointed out the average lakeshore setback line. Curti$ stated the line is b~sed on the lot as it exists today. · Stickney noted the property to the north is ctirrently for sal~. Land graver stated if the properties haye separate .ownersithere migl,lt be some variations in the grading plan and it could result in a gradingplatfthafis not M sytnmetr~cal find smooth. I , , . • Stickney stated there are no plans atthis· time to build on either lot but there may be plans down the road. Stickney stated if the averageJakeshore setback line is changed, Lot 2 would have to change accordingly. Lemke commented that would likely be the worst case scenario given the size of the lots. Curtis ~oted the City Engineersl!ggested there be i11dependent grading plans in case there are two different property owners. •. · L,a~dgrav~r asked what the nextstep~ould be in the application process. . . Curtis stated the application would gotb the City Council at one of their February meetings with a preliminary platr~solution drafted for .their review and potential approval. Lemke moved, McGrann seconded, to recommend approval of Application No. 14-3646, George Stickney on behalf of J)NA. Properties, LLC, 1535 Bohns Point Road, granting of preliminary plat approval, subject to City Engineer and Staff recommendations. VOTE: Ayes 6, Nays 0. McGrann asked if there is a setback from the lagoon. Curtis stated there is a lakeshore setback and noted the average lakeshore setback line is ahead of that. Page 12 of 26 Subject: #14-3646, George Stickney o/b/o DNA Properties LLC, 1535 Bohns Point Road The applicant is requesting preliminary plat approval to permit creation of 2 lots on the 4.89 acre property. The proposed subdivision is in conformity with the guiding of this area as proposed development exceeds to the 1.0 acre dry-buildable, 140' width standards of the LR-lB Zoning District. The proposal is consistent with existing development in the surrounding neighborhood where the minimum lot size is one acre. The subject property is the largest property on Bohns Point. The surrounding properties on Bohns Point vary in size from 0.45 to 3 acres. Each proposed lot exceeds the minimum requirement of 1.0 acres of dry buildable land. The home on the site was removed in 2009 and the property is currently vacant. There are two sewer stubs serving the property. The property is situated on the west side of Bohns Point. Each of the proposed properties will have frontage on Bohns Point Road. Both lots are proposed to be served by City sewer and private water supply wells. Both of the suggested new building pad locations will meet the LR-18 district and shoreland setbacks. The proposed lots lay out as follows: Proposed Lot 1: Proposed Lot 2: Proposed Lot 1 will have 2.60 acres dry land. This lot is proposed to have 192± feet of frontage along the lake and 190 feet at the 75 foot setback. There is a sufficient buildable envelope available, and all of the required LR-lB district lot line setbacks and hardcover standards can be met. Lot 2 has 267 feet in width at the lake when measured in a straight line at the 929.4 OHWL contour, and ±270 feet in width at 75 foot setback from the lagoon. This lot is proposed to contain 2.30± dry acres in area. All required LR-lB setbacks and hardcover limitations can reasonably be met when this lot is developed with a new home. The property is less than 5 acres in area. Based on the property's size and the density proposed staff has determined that this project does not trigger the need for the developer to conduct and submit a conservation design plan. There are no proposed public improvements. However, the applicant has proposed a suggested grading plan which intends to establish a new base elevation for the properties. This new base elevation is to be considered a new existing grade for the purposes of height and number of stories determination. Utility Locations and Availability The subject property is located within the Metropolitan Urban Service Area (MUSA); sewer service is available to these properties. There are two existing sewer stubs currently serving the property; they are aligned in such a way that each of the proposed lots can utilize the existing stubs. Staff Recommendation The planning commission should discuss the details of the preliminary plat and take any public comments. The planning commission should discuss the proposed grading to create new "existing grades" specifically whether or not the proposed grades will tie into existing grades on neighboring properties in a manner that appears as natural and not contrived. Also, the Planning Commission should determine whether or not the suggested building pads will accommodate homes at an elevation and with a walk-out foundation style compatible with the adjacent properties. Staff recommends approval of the subdivision. pumfe,¼JN~_l~ . , . . 1;n tl~Mnl--~tll n,;y p!m~ :: ~~hd--~ ~~~ Ab..Ff.. r-e?Orvrtn , E3C>LTC>N &. "-/IENK, INC® Consulting Engineers & Surveyors 2638 Shadow Lane, Suite 200 • Chaska, MN 55318-1172 Phone (952) 448-8838 • Fax (952) 448-8805 December 27, 2013 City of Orono Attn: Melanie Curtis PO Box 66 Orono, MN 55323 RE: Preliminary Plat Application 14-3646 Bohn's Point Subdivision Engineering Review #1 Dear Melanie: www.bolton-menk.com As requested, we have completed an engineering review of the documents submitted for the above referenced project. Our current review is based on the following submittal items : • Orono Subdivision Application, dated 12/9/2013 • Beth and Bridget Plat • Land Alteration Permit, dated 7/15/1983 • Protected Waters Permit, dated 7/22/1983 • Commitment of Title Insurance, dated 7/27/2009 • City of Orono Resolution No. 2004 approving after-the-fact variances except for construction of a berm along the street, dated 6/23/1986 • City of Orono Resolution No . 2022 approving a sea wall along shore area, dated 7/24/1986 • City of Orono Resolution No. 2098 approving geothermal discharge to lagoon area, dated 12/15/1986 • Drainage and Utility Easement, dated 3/9/2005 • Restatement of Beth and Bridget Plat, dated 3/22/2005 • Mechanic's Lien, dated 3/6/2007 • Assignment of Mechanic's Lien, dated 9/30/2008 • Notice of Lis Pendens, dated 11/7/2007 • Mechanic 's Lien Statement, dated 3/22/2006 • Statement of Lien, dated 10/22/2007 • Vesting Instrument (Sherrif' s Certificate), dated 11/20/2008 • Preliminary Plat prepared by Gronberg & Associates , Inc., dated 12/2/2013 • Preliminary Grading Plan prepared by Gronberg & Associates, Inc ., dated 12/2/2013 We offer the following observations , comments, and recommendations for your consideration: 1.0 GENERAL: 1.1 A legend, defining significant features and lines, should be included on each plan to aid in reading plan sheets. 1.2 The benchmark should be labeled on all plans . I Preliminary Plat Application 14-3646 Bohns Point Subdivision Page2 1.3 Proposed well locations should be shown on the plans. Wells must be setback 3 feet minimum from structures and 50 feet minimum from sanitary sewer. 1.4 Existing trees over 6" diameter within the proposed disturbance area or 75' of the OHWL should be shown on the plans. All trees to be preserved should be clearly marked on the plans and surrounded by protection fencing. 1.5 The applicant will be required to obtain Minnehaha Creek Watershed District (MCWD) approval and permitting for erosion control. A copy of any approvals or permits required should be submitted prior to Final Plat approval. Since the subdivision appears to be proposing less than 20% impervious surface, no stormwater management permitting from MCWD should be required. 2.0 PRELIMINARY PLAT: 2.1 A standard 5' drainage and utility easement should be included along both sides of the proposed dividing line. 3.0 PROPOSED GRADING PLAN: 3.1 Existing trees over 6" diameter must be shown on the plans to confirm no impacts are proposed within the preservation easements along the south property line. 3.2 Additional silt fence should be added along south property line to prevent sediment from leaving the site. 3.3 The grading along the south property line should be revised to ensure runoff does not drain onto the adjacent property. Proposed spot elevations and a cross-section should be added to better define the swale leading to the lake. 3.4 A Stormwater Pollution Prevention Plan (SWPPP) will need to be submitted as part of the Final Plans. The SWPPP should include a project narrative, erosion control notes, erosion control installation schedule, erosion control maintenance schedule, pollution prevention notes, location and details of proposed erosion control devices. Please let me know if you have any questions or need additional information. Sincerely, BOLTON & MENK, INC. Qcrl«tt~ Robert E. Bean, Jr., P.E. Water Resources Engineer / Stickney, George W From: Matthew Jones <matt@mhjoneslaw.com> Sent: To: Monday, December 30, 2013 2:23 PM JAN l.3 2013 Stickney, George W; Allan Jones Subject: Re: Bohn's Point Beth & Bridgett easement removals! CITY OF ORONO Attachments: Halloran -Bohns Point -Termination of Restated Declaration and Declaration.docx George, Attached is the Termination document that has been agreed to by the Hallorans . Their only issue is that they do not want this recorded prior to the platting and closing, but instead contemporaneously with the platting and closing. I don't see that as an issue with the City, I believe they just want to make sure that when this is complete the Declaration will be terminated. If you have any questions, let me know. Thanks, Matt On Mon, Dec 30, 2013 at 12:28 PM, Matthew Jones <matt@mhjoneslaw.com> wrote: .. ., / I Yes! All of the restrictions, etc are terminated I put an additional provision that to the extent that the original declaration was not terminated by the restatement anything remaining is terminated. ' On Mon, Dec 30, 2013 at 12:02 PM, Stickney, George W <gstickney@cbbumet.com> wrote: : i Does this remove the easements & restrictions of both the original Beth & Bridget Agreement & the revised I : i I for all times! George '. I i 1 Sent from my iPhone On Dec 30, 2013, at 8:53 AM, Matthew Jones <matt@rnhjoneslaw.com> wrote: George, Attached is the draft of the Termination of the Restatement of the Beth and Bridget Condtions, etc. I will let you know once I get the final version, which will only include non-substantive changes. Let me know if the City of Orono requests any additional changes. I have a view easement agreement that I am drafting as well. I forwarded your option to Lica, but have not heard back from her yet. Once we get general agreement on the view easement we can get Mark Gronberg to prepare a legal description for the easement. 1 TERMINATION OF THE RESTATEMENT OF THE BETH AND BRIDGET DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS AND EASEMENTS [·' .. ,..,,.,, .,...,,. 'l JAN 1.3 2013 CITY OF ORONO This Termination of the Restatement of the Beth and Bridget Declaration of Covenants, Conditions, Restrictions, Reservations and Easements (this "Termination") is made as of ___ ~ 2014 by the undersigned fee owners of the Land hereinafter described lying in Hennepin County, Minnesota. DNA Properties LLC, a Minnesota limited liability company ("DNA Properties") is the fee owner of the real property legally described as follows: Lot 1, Block 1, BETH AND BRIDGET, Except that part of said Lot 1 which lies southerly of a line drawn on a bearing of South 73 degrees 02 minutes 33 seconds West from the angle point in the Southerly line of said Lot 1, assuming a bearing basis of South 67 degrees 20 minutes West for the Westerly segment of said Southerly line of lot 1 (the "Northerly Property"). The Kathleen A. Halloran Living Trust (11 Halloran Trust") is the fee owner of the real property legally described: Lot 2, Block 1, BETH AND BRIDGET; also that part of Lot 1, said Block 1, which lies Southerly of a line drawn on a bearing of South 73 degrees 02 minutes 33 seconds West from the angle point in the southerly line of said Lot 1, assuming a bearing basis of South 67 degrees 20 minutes West for the Westerly segment of said Southerly line of Lot 1 (the "Southerly Parcel"). The Northerly Parcel and Southerly Parcel are referred to together as the "Land". DNA Properties and Halloran Trust are collectively referred to herein as the "Declarants". The Land is subject to the provisions of the Restatement of the Beth and Bridget Declaration of Covenants, Conditions, Restrictions, Reservations and Easements dated March 9, 2005 and recorded on April 25, 2005 as Document No. 8570258 in the Office of the County Recorder of Hennepin County, Minnesota ("Restated Declaration"). Previously, the Land was subject to the provisions of the Beth and Bridget Declaration of Covenants, Conditions, Restrictions, Reservations and Easements dated April 15, 1987 and recorded May 12, 1987 as Document No. 5266530 in the Office of the County Recorder of Hennepin County, Minnesota (the "Original Declaration"). Declarants hereby terminate the Restated Declaration, including all covenants, conditions, restrictions, reservations and easements contained therein. To the extent that the Restated Declaration did not terminate all of the conditions, restrictions, reservations and easements contained within the Original Declaration, Declarants also terminate the Original Declaration, including all covenants, conditions, restrictions, reservations and easements therein. dms.us.53388904.02 THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK SIGNATURE PAGES FOLLOW 2 of4 written. SIGNATURE PAGE FOR THE TERMINATION OF THE RESTATEMENT OF THE BETH AND BRIDGET DECLARATION OF COVENANTS, CONDTIONS RESTRICTIONS, RESERVATIONS AND EASEMENTS The undersigned has caused this Termination to be executed as of the day and year first above DNA PROPERTIES LLC By: Its Chief Manager and President STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this __ day of _____ _, 2014, by ____ _, the Chief Manager and President of DNA Properties LLC, a Minnesota limited liability company, on behalf of said limited liability company. Notary Public SIGNATURE PAGE FOR THE TERMINATION OF THE RESTATEMENT OF THE BETH AND BRIDGET DECLARATION OF COVENANTS, CONDTIONS RESTRICTIONS, RESERVATIONS AND EASEMENTS The undersigned has caused this Termination to be executed as of the day and year first above written. Kathleen A. Halloran, Trustee of the Kathleen A. Halloran Living Trust Patrick J. Halloran, Trustee of the Kathleen A. Halloran Living Trust STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this __ day of __ _, 2014, by Kathleen A. Halloran and Patrick J. Halloran, the Trustees of the Kathleen A. Halloran Living Trust, on behalf of said trust. Notary Public 4 of4 dms.us.53388904.02 Melanie Curtis From: Sent: Gleason , John (DNR) Uohn .gleason@state.mn .us] Monday, January 13, 2014 2:35 PM To: Melanie Curtis Subject: RE: Subdivision at 1535 Bohns Point Rd -Orono (File #14-3646) Sorry for the delay in responding to you. As long as the both lots meet standards for size etc then you are correct that we don't need to review. If the lot split requires that variances must be granted for development, then you would notify us as normal to give us the opportunity to review and comment. If the easement/s are providing environmental benefits, then we recommend that the city require that they be preserved or even expanded, at least to the extent that the protections offered are scaled proportionally to mitigate the potential impacts of the proposed development. Alternatively, possibly the city could require other BMPS to achieve the same environmental benefit as the easement. Please let me know if you have any questions, Jack John Oack) Gleason I Area Hydrologist-West Metro I MnDNR I 1200 Warner Road I St. Paul, MN 55106 IT: 651-259-5754 I John .Gleason@state.mn.us om: Melanie Curtis [mailto:MCurtis@ci.orono.mn.us] Sent: Monday, December 30, 2013 9:31 AM To: Gleason, John (DNR) Subject: Subdivision at 1535 Bohns Point Rd -Orono (File #14-3646) Hello Jack It's been a while since we've had an application for subdivision to create an additional lakeshore lot(s). I can't recall if there is a specific notification requirement to notify the DNR but thought I'd just send you this proposed preliminary plat for your review and comment if necessary. The applicant is proposing to divide the existing property at 1535 Bohns Point Rd into 2 buildable lakeshore lots as shown. This will be on our Planning Commission's January 21 st public hearing agenda and will go before our Council in early February. You will note on the south side of the property there are a number of view and tree easements which currently benefit the property at 1595 Bohns Point Rd (to the south). I am told by the developer that the easements will be extinguished and/or modified to allow the grading as is proposed on the attached. I haven't seen any documentation supporting this yet, but we can condition our preliminary plat approval on this ... Take a look and let me know if you have any questions, etc. Thank you and happy new year to you! Melanie Melanie Curtis Planning & Zoning Coordinator City of Orono 2750 Kelley Parkway Orono, MN 55356 Direct Dial: 952.249.4627 Fax : 952.249.4616 Planning & Zoning Office 952.249.4620 Email: mcurtis@ci.orono .mn .us 1 CERTIFICATE OF MAILING STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. ) CITY OF ORONO ) I, Monica Fadness, of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of #13-3646 was mailed to the attached list of property owners. In Witness Whereof, I have hereunto set my hand and seal this 9th day of January, 2014. YYk~Q-~ Monica A. 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 TUESDAY, January 21, 2014 , beg inning at 6:30 p.m . on the matter of reviewing the following land use applications and vacation requests: 13-3612 13-3632 13 -3644 13 -3645 14 -3646 14-3647 Dale Gustafson on behalf of John and Barbara Corness, 4395 North Shore Drive , LR-18 zoning district, requests a conditional use permit amendment in order to correct an erosion and stormwater drainage issue within 75 feet pf Lake Minnetonka . Dale Richardson, 4325 Chippewa Lane, RR-1 B zoning district, requests an after- the-fact setback variance to permit a deck to remain as constructed approximately 34 feet from the side lot line where a 50 foot setback is normally required . City of Orono proposes an amendment to Orono Zoning Code Chapter 78 regarding minimum standards for dwelling unit size and dimensions . 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. George St ickney on behalf of DNA Properties , LLC , 1535 Sohns Point Rd , LR-18 zoning district, requests preliminary plat approval in order to subdivide to create one additional buildable lot. Luke Kujawa on behalf of EOF Investments LLC , 1444 Shoreline Drive , B-2 zoning district, requests commercial s ite plan approval in order to install a below grade fuel storage tank. 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 January 14 , 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 publ ished in The Laker & The Pioneer Newspapers on January 4 , 2014 . Posted at: Orono City Offices Crystal Bay Post Office Long Lake Post Office Navarre Post Office RUN DATE: 11/26/2013 38 08-117-23 44 0006 CATHERINE M SALLAS 3220 BOHNS POINT LA CATHERINE M SALLAS 3220 BOHNS POINT LA WAYZATA MN 55391 38 08-117-23 44 0009 EDGAR J MCDONALD ET AL TRUST 3265 BOHNS POINT LA EDGAR J MCDONALD 10150 VERONA LAKE LA MIROMAR LAKES FL 33913 38 08-117-23 44 0024 KATHLEEN A HALLORAN ETAL TRS 1595 BOHNS POINT RD PATRICK J HALLORAN KATHLEEN A HALLORAN 1595 BOHNS POINT RD WAYZATA MN 55391 38 09-117-23 33 0005 DAVID M LEAVENWORTH 1500 BOHNS POINT RD DAVID M LEAVENWORTH 1500 BOHNS POINT RD WAYZATA MN 55391 38 09-117-23 33 0008 WDLARSON 1580 BOHNS POINT RD WDLARSON PO BOX 270710 MINNEAPOLIS MN 55427 38 17-117-2311 0004 WENDY W DANKEY ET AL 38 ADDRESS UNASSIGNED WENDY W DAN KEY 3034 CASCO POINT RD WAYZATA MN 55391 HENNEPIN CO""ITY PROPERTY INFORMATION SYSTEM (PROPERTY OWNERS LIST) PAGE: 38 08-117-23440007 LL WEBER & WE WEBER ETAL 3230 BOHNS POINT LA DAVID J CONDON DAWN M CONDON 3230 BOHNS POINT LA WAYZATA MN 55391 38 08-117-23440010 H L SWEATT & VE SWEATT TRES 3225 BOHNS POINT LA HENRY & VIRGINIA SWEATT 3225 BOHNS POINT LA WAYZATA MN 55391 38 09-117-23 33 0003 MAURICE J WEGENER TRUSTEE 1420 BOHNS POINT RD MAURICE J WAGENER 1420 BOHNS POINT RD WAYZATA MN 55391 38 09-117-23 33 0006 THOMAS J ABOOD TRUSTEE 1520 BOHNS POINT RD THOMAS J ABOOD 1520 BOHNS POINT RD WAYZATA MN 55391 38 16-117-23220001 WENDY W DANKEY 1600 BOHNS POINT RD WENDY W DANKEY 2599 CASCO PT RD WAYZATA MN 55391 38 17-117-23 II 0005 RANDALL A GREEN 1629 BOHNS POINT RD RANDALL A GREEN 1629 BONHS POINT RD ORONO MN 55391 38 08-117-23 44 0008 JOHN ROGER SIMPSON BRICE 3260 BOHNS POINT LA JOHN ROGER SIMPSON BRICE 3260 BOHNS POINT LA WAYZATA MN 55391 38 08-117-23 44 0023 DNA PROPERTIES LLC 1535 BOHNS POINT RD AMA INVESTMENTS LLC PO BOX 35139 FORT WORTH TX 76 I 62 38 09-117-23 33 0004 HOWARD RALTON lil 1480 BOHNS POINT RD HOWARD RALTON lil 1480 BOHNS POINT RD WAYZATA MN 55391 38 09-117-23 33 0007 MARY JANE HAUSER 1540 BOHNS POINT RD MARY JANE HAUSER 1540 BOHNS POINT RD WAYZATAMN 55391 38 17-117-23 II 0003 R L ROVICK & CJ RO VICK 1625 BOHNS POINT RD ROGER ROVICK 2661 ARCOLA LANE WAYZATA MN 55391 38 17-117-23 II 0013 RONALD L & SUSAN K OTTEN 38 ADDRESS UNASSIGNED RONALD L OTTEN SUSAN K OTTEN 1655 BOHNS POINT RD WAYZATA MN 55391 !1ECEIVED DEC -9 2013 CITY OF ORO!\' r- AFFIDAVIT OF PUBLICATIOJ\ STATE OF MINNESOTA ) ss COUNTY OF HENNEPI N , CARVE R ) C harlene Vold being dul y sworn on an oath, s tates or affir m s that th ey are the Autho1ized Agent or the newspaper(s) known as: The Laker, The Pioneer and h as full knowledge or th e facts stated below: (A) The newspaper has complied with a ll or the req uirem ents constituting qualifica- ti o n as a qu a lifi ed n ewspape r as provided by Minn. Stal. §33 1A .02 , §33 IA .07 , a nd oth er app li cable laws as amended. (B) Thi s Publi c Notice wa s printed and pub- lish ed in sa id newspaper(s) for I succes- s iv e iss ues; the first inserti o n being on 0I/04/2014 a nd the last in se rtion being on 0I/04/2014. Authorized Agent Subscribed and swo rn to or affirmed b efo re m e on 01/04/2014. Notary Public Rate Inform ation: (I) Lowest classified rate p a id by commercia l user s for comparable space: $15.00 per column inch Ad ID 155746 City of Orono {Official Publication) NOTICE CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone (952) 249-4600 Fax (952) 249-4616 The Orono Planning Co mmis- sio n will hold a public hearing in the .Orono Council Chambers at 2780 Kelley Parkway on TUESDAY, Jan- uary 21, 2014 , beginning at 6:30 p.m. on the matter of rev iewi ng the following land use applications and vacation requ ests: 13-36 12 Dale Gustafson on b e- half of John and Barbara Corness, 4395 North Shore Drive, LR-1 B zoning district, requests a condi- tional use permit amendment in order to correct an erosion and stormwater drainage issue within 75 feet of Lake Minnetonka. 13-3632 Dale Richardson, 4325 Chippewa Lane, RR-1 B zoning district, requests an after-the-fact setback variance to permit a deck to remain as constructed approxi- mately 34 feet from the side lot line where a 50 foot setback is normally required . 13-3644 City of Orono proposes an amendment to Orono Zoning Code Chapter 78 regarding mini- mum standard s for dwelling unit size and dimensions. 13-3645 THN Enterprises, Inc., on behalf of Gary Briggs , 1905 Concordia Street, LR-1 C zoning district, requ est s a conditional use permit for land alteration within 75 feet of th e OWHL of Lake Min- netonka in order to repair a failure of the lakesid e slope . 14-3646 George Stickn ey on be- half of DNA Properties, LLC, 1535 Bohn s Point Rd , LR-1B zo ning distnct, requests preliminary plat approval in order to subdivide to create one additional buildable lot. 14-3647 Luke Kujawa on behalf of EOF Investments LLC , 1444 Shoreline Drive, B-2 zoning district, requests commercial site plan ap- proval in order to install a below grade fuel storage tank . All persons wishing to be heard are encouraged to attend th ese meeti ngs . This is not a final agenda and is subject to change prior to the hearings. Written comm ents are accepted and should be submitted to the City of Orono by January 14, 2014 if possible. Interes ted per- sons may re vi ew the applications at City offices. For an appointm e nt, please call (9 52) 249-4620 . City of Orono By: Planning Commission Melanie Curti s Planning & Zoning Coordinator To be published in The Lak er & The Pioneer Newspapers on January 4, 2014. Posted at: Orono City Offices Crystal Bay Post Office Long Lake Post Office Navarre Post Office 01/04/1 4, Jan 21 Land Us e Re- quests PHN Melanie Curtis From: Sent: To: Cc: Subject: Attachments: Melanie Curtis Monday, December 30, 2013 9:44 AM George Stickney 'allan@amafamofc.com'; 'atannexstad@gmail.com'; Mark Gronberg FW: 14-3646 -Bohn's Point Subdivision Sohns Point_Preliminary Plat Review_2013-12-27 .pdf Please review and address the City Engineer's comments (attached). Melanie Melanie Curtis Planning & Zoning Coordinator City of Orono 2750 Kelley Parkway Orono, MN 55356 Direct Dial: 952.249.4627 Fax: 952.249.4616 Planning & Zoning Office 952.249.4620 Email: mcurtis@ci.o rono .mn .us Website: www.ci.orono.mn.us From: Robert Bean [mailto:bobbe@bolton-menk.com ] Sent: Friday, December 27, 2013 8:46 AM To: Melanie Curtis Cc: David P. Martini Subject: 14-3646 -Bohn's Point Subdivision Melanie, Attached is our review for the Subdivision application for 1535 Bohn's Point Road. Please review and contact me with any questions or comments you may have. Thanks, Robert E. Bean, Jr, P.E. LEED Green Assoc. Water Resources Engineer Bolton & Menk, Inc. Consulting Engineers & Surveyors 2638 Shadow Lane, Suite 200 Chaska, MN 55318 P:(952) 448-8838, ext 2892 F:(952) 448-8805 email : bobbe@bolton-menk.com www.bolton-menk.com This email has been scanned by the Symantec Email Security.cloud service. 1 Melanie Curtis From: Sent: To: Subject: Mela n ie, Stickney, George W [gstickney@cbburnet.com] Wednesday, December 18, 2013 3:17 PM Melanie Curtis RE: 14-3646 -1535 Sohns Pt } I t u rn ed in a signed copy of the escrow agreement last week ,so that should be in the file if not I will drop off again. The title commitment should be ready by Fri. or at wors t Monday & the attorny's are working on the release of all the Beth& Bridgett easements from the plat & will have those in before the end of the month also! Thanks George From: Melanie Curtis [mailto :MCurtis@ci.o rono .mn.us ] Sent: Wednesday, December 18, 2013 10:33 AM To: George Stickney Cc: 'allan@amafamofc.com'; 'atannexstad@gmail.com' Subject: 14-3646 -1535 Bohns Pt George Please see the attached. Engineering comments should come by the end of the week. Thank you -Melanie Melanie Curtis Planning & Zoning Coordinator City of Orono 2750 Kelley Parkway Orono, MN 55356 Direct Dial: 952.249.4627 Fax: 952.249.4616 Planning & Zoning Office 952.249.4620 Email: mc urti s@ci.orono .mn.u s Website: www .ci.oron o .mn.us The information in this electronic mail message is the sender's confidential business and may be legally privileged. It is intended solely for the addressee(s). Access to this internet electronic mail message by anyone else is unauthorized. If you are not the intended recipient, any disclosure, copying, distribution or any action taken or omitted to be taken in reliance on it is prohibited and may be unlawful. The sender believes that this E-mail and any attachments were free of any virus, worm, Trojan horse, and/or malicious code when sent . This message and its attachments could have been infected during transmission. By reading the message and opening any attachments, the recipient accepts full responsibility for taking protective and remedial action about viruses and other defects. The sender's company is not liable for any loss or damage arising in any way from this message or its attachments. Nothing in this email shall be deemed to create a binding contract to purchase/sell real estate. The sender of this email does not have the authority to bind a buyer or seller to a contract via written or verbal communications including, but not limited to, email communications . 1 17 December 2013 DNA Properties LLC AMA Investments LLC PO Box 35139 Fort· 1 Worth, TX 76162 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 REQUEST FOR FURTHER INFORMATION SUBJECT: Zoning Application# The City of Orono is required to notify you within fifteen (15} business days as to the status of your application for preliminary plat for property located at 1535 Bohns Point Road. Engineering comments will be forthcoming; below is a preliminary list of items the City of Orono is requesting to complete our review: ✓ Current certificate of title or title commitment. ✓ Evidence that easements have been extinguished as you discussed with me. ✓ Escrow Agreement -This project requires submittal of an application escrow in the amount of $2,500 which has been submitted. Please have the property owner complete the enclosed escrow agreement and submit. Application #14-3646 is incomplete. If you wish to proceed with your application please submit the items requested above by December 30th in order to remain on the January 21 st 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 ..... Planning & Zoning Coordinator Copies via email to: George Stickney at gstickney@cbburnet.com allan@amafamofc.com atannexstad@gmail.com Dec 09 13 10:46a Annexstad Des1:111 ________ .... -···---· -···· 760;, ... 38116 817~46-0984 p,1 p.2 AMA Investments LLC LAND USE APPLICATION ESCROW AGREEMENT,_ Appllcatfon MS4641 1 l/-~ 3 /,'l-1&7 . AGREEMENTmadelhls--1.Q....~of l:k.a. , 20 J.3, by and bebMa'I the CITY OF ORONO, a Minnesota munlclpal corporation ("Cily") and_· _______________ _ {a c:orponrticn -aptionaJI rowners"). RecJtal! ers have fled Zoning AppUcation #13-3646 tonnany requesting the City 10 review plans for_ Vl' , r, 11 located at ,.,_ lhe"Subject--P~-perty-,~ as more Nlly ah0111n atd desat,ed on Eichl)lt •~• attached hereto. 2. • ~ers requestths ~~ew said plans which requires City approval lncludlna 4½ flAhnf n., "10 'P heg:t na n,n,f I~ Y-@yt eN . s. The City Is willing to commence Its review of the application and Incur costs associated with said re\lleW only if the Owners establish an escrow lo ensure reimbwsement m the City of its costs. NOW THE!REFORE, THE PARTIES AGREE AS FOLLOWS: 1. DEPOSIT OF ESCROW FUNDS. Contemponineously with the executlcn of this Escrow Agreement. th& Owners .shall deposit 52500.00 with t'te City~ All accrued lnlerest, if any, shall be paid to the Clty to reimburae the Clty fer is c:ost in adm1nis!Brfng the escrow account 2. PURPOSE OF ESCROW. The purpose of th& escmw Is to guarantee rei"nburaement lo the City for all oul-<Jf-pocket costs 1he City has incurred (including planning, engineerlng, or legal ccnsullantrelliew) orwlll Incur in meeting with the Owners. ievlev.ing the plans, and preparing agenda packet material for Cily Ccunoil review of application #13-3848. eligible expenses shall be constatent with expenses the owners would be responsible for under a zoning an<l subdivision application. 3. MONTHLY BILLING. As Ule City recei11es ccnsultant bllla for Incurred cost&, the City wil In tum $end a bill 10 the Owners. Ownars shaft be responsible l'ar payment ta the City within 30 da~ of lhe OWners' receipt of bill 4. DISBURSEMENT FROM ESCROW ACCOUNT. In the eitent that the Owners da not make payment lo the City within the tlmefreme outlined In #3 above, s.hall cease all ~iews untl the Owners pay all e,cpenses invoiced pursuant to #13. The City may draw l'rom the escrow account without further approval of the OWners 1:o rernJxne the City for Bllgi,(e expenses the City has incurred. 5. CLOSING ESCROW. The Balance on dept>SII in the esaow, if any, snail be returned to the Owners when the review has been completei:I. G. CERTIFY UNPAJD CHARGES, If 1he proje~ Is abandoned by Ownera, or if the eligible expenses Incurred by the Cftv exceed the 21mourtt i1 escrow, the City shall haYe th& right to certify the unpaid balance ,he subject pn,perty pursuant to Minn. Stal §§ 415.01 and 366. 012. By:. ________ _ Its: 1. Effective Date: November 26, 2013 Effective Time: 7:00 A.M. 2. Polley or Policies to be issued: ALT A 2006 Owner's Polley Proposed Insured: MAP Holdings LLC ALT A 2006 Loan Polley Proposed Insured: NA Schedule A Underwriter: Old Republic National Title Insurance Company by Agent, Burnet Title Our No. 13-21237 Production No. 507505 Amount: $ 2,750,000.00 subject to deductibles and maximums In the policy, If applicable Amount: $ Loan No., if any: 3. The estate or interest In the Land described or referred to in this Commitment and covered herein is: Fee Simple 4. Title to the fee simple estate or interest In said Land is at the effective date hereof vested in: DNA Properties, LLC, a Minnesota Limited Liability Company 5. The Land referred to In this Commitment is described as follows: See Exhibit A attached hereto Legal description is subject to forthcoming lot split. This file cannot close until the survey has been provided to Burnet Title and a Supplemental Commitment has been completed. Records of Hennepin County, MN. Abstract Property. Property Address: X Sohns Point Road Orono, MN 55391 (rev. 1/10) JJP Schedule 8-Section 1 No. 13-21237 REQUIREMENTS Schedule B of the policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company. 1. All documents executed outside of Burnet Title's Offices will be subject to review, audit, validation, and possible further requirements as deemed necessary by Burnet Title. We require a Burnet Title Notary Certification Fenn together with a photocopy of the personal Identification to be presented at the closing for review and audit. Any documents without a Burnet Title Notary Certification Form and a copy of Identification must be submitted for review and audit at least 2 days prior to closing. Documents may be rejected If Burnet Title Is unable to validate the document's authenticity. The Burnet Title Notary Certification fonn is available at www.bumettitle.com. 2. We require a written notification: • If there Is any change In the name of the proposed Insured or the buyers/ borrowers; or • If there Is a change of name for the Granter, Seller and or the number of Granters or Sellers; or • If there Is any other indlvidual(s) receiving funds from closing who does not have a recorded Interest; or • If any unrecorded mortgages or liens not shown on the commitment exist or may exist. • If there Is anyone not referred to in this Commitment who has or will receive an Interest in the property; or We may then make additional requirements or exceptions, or require additional names searches for the same or as required by federal law pursuant to the Patriot Act search requirements. 3. Burnet Title requires the Purchase Agreement Including the Seller's Property Disclosure Statement to be reviewed by the Burnet Title Closer and Examiner prior to closing. We reserve the right to raise further requirements and/or exceptions based upon Closers review of above document. 4. FOR INFORMATIONAL PURPOSES: The following fee transfers appear of record with the County Recorder In the past 24 months: NONE The fee owner, under Schedule A, Item 4 acquired title by Limited Warranty Deed, flied May 19, 2010, as Document No. A9514237. Note to Closer: The above closing on the property appears to have been done by Liberty Title, Inc. 5. We require that a copy of the Member Control/Operational Agreement of DNA Properties, LLC, a Minnesota Limited Liability Company, a Limited Liability Company, be provided to the undersigned examiner prior to closing, for review and possible further requirements. 6. Warranty Deed from DNA Properties, LLC, a Minnesota Limited Liability Company to MAP Holdings LLC. 7. NOTE: Public records indicate no open mortgage. Please verify no liens or mortgages are to be paid at closing. 8. This Commitment cannot close until this requirement is deleted. The following Items must be filed with the County Recorder and verified by Burnet Title: 1. Plat of To Be Determined. Please provide to Burnet Title the recording information to allow verification prior to closing of the successful filing of the plat and city resolution of approval. (rev. 1/10) Note: the legal description listed at Schedule A number 5 contains more land than Is being sold according to the purchase agreement. 9. The appllcatlonnnspectlon disclosed the premises to be vacant land. Burnet Title reserves the right to make further Inspections and additional requirements and/or exceptions based upon those Inspections. NOTE: Standard Exceptions shown on Schedule B-Sectlon 2 will appear on any policy Issued. 10. The Owner's Policy will contain the following exceptions: This Policy Is being Issued for the value of the vacant land only, and the liability hereunder Is hereby limited to the face amount of the policy. Rights or claims or parties in possession not shown by the public records. Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey and Inspection of the premises. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, Imposed by law and not shown by the public records. 11. This Commitment Is provided through our examination of the public records. Burnet Title is not in possession of the Abstract of Title. The Purchase Agreement must be reviewed to determine the Intent of the parties regarding title evidence and associated charges. 12. Recording Gap Coverage disclosed in Schedule B-2 of this commitment and Insured Closing Protection coverage provided by any Insured Closing Letter will not be provided to any Insured unless Burnet Title provides the closing, recording and escrow disbursing services. None of the Insurance Requirements disclosed In Schedule B-I and the Standard Exceptions disclosed In Schedule B-2 shall be removed from the final policy except by written authorization from a Burnet Title Closer or Examiner. 13. A name search was neither ordered nor provided on the buyer. If one is needed, please call the undersigned examiner or customer service at (952) 886-6769. There will be an additional fee charged for this. 14. This commitment Is for the exclusive use of Burnet Title in closing the transaction described herein. Anyone relying upon or closing off of this commitment for any purpose without written authorization from Burnet Title shall be liable to Burnet Title for any and all loss, damage and any unpaid fees for services and products disclosed on the invoice issued with this commitment. If this commitment is cancelled and the transaction closes, the Title Search and Exam Service Fee and Buyer Closing Service Fee will be collected at closing. The Buyer(s) will be required to execute a cancellation notification form. 15. Real estate taxes payable in 2013 in the amount of $56,558.30 are paid In full. (Base Tax $56,558.30.) Tax Identification No. 08117 23 44 0023. NOTE: Real estate taxes for 2012 and prior years are paid. Tax records indicate the current year's taxes are homestead. No representation is made regarding subsequent years' taxes. Informational Note: Real estate taxes are due May 15 and October 15 annually. 16. The legal description shown in Schedule A, No. 5 hereof will constitute a tax parcel split. Subdivision approval from the appropriate municipal authorities Is required prior to closing. NOTE: Minnesota Statute requires the payment in full of all taxes and special assessments for the parcel being split. If there are any pending assessments to be escrowed, please call the undersigned examiner. (rev. 1/10) NOTE: The closer must make Inquiries at the applicable munlclpallty regarding any fees charged for said lot approval. 17. Taxes and/or assessments due and payable In the year 2013 are currently assessed on the property Identification number(s) which cover the legal descriptlon(s) underlying the new plat or newly divided parcel. No new property Identification number(s) are yet available for the individual units, parcels or lots. 18. There are no levied or pending assessments of record as of December 12, 2013. 19. We require photo Identification from all parties signing any documents in this transaction. Also required are the Company's Compliance and Indemnity Agreement and Affidavits in a form acceptable to the Company Indicating no judgments, liens, bankruptcies, etc. If sellers proceeds are requested to be wired contact your Burnet Title closer for additional documentation requirements. A completed Well Disclosure Certificate must accompany each deed or conveyance which Is to be recorded; or, the deed must certify that there are no wells on the property; or the status of the well has not changed. For well certificate purposes, the property Is located In the SE ¼ of the SE¼ of Section 08, Township 117, Range 23. If there are any questions concerning this Commitment, please contract our Customer Service Coordinator Michelle Tiede at 952-886-6769 direct, 952-844-0223 fax or e-mail Mlchelle.Tiede@bumettltle.com. This Commitment was prepared by Janice Patrick at 952-703-8618 fax, or email Janice.Patrick@burnettitle.com. (rev. 1/10) Schedule B-Section 2 No. 13-21237 Schedule B of the policy or policies to be Issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company (all clauses, if any, which indicate any preference, limitation or discrimination based on race, color, religion, national origin or other protected category are omitted from all building and use restrictions, covenants and conditions, if any, shown herein): A. GAP COVERAGE: Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing In the public records, or attaching subsequent to the effective date hereof but prior to the date the Proposed Insured acquires of record for value the estate or Interest or mortgage thereon covered by this Commitment. Note: This exception will be removed from all ALT A policies issued by Burnet Title, If Burnet Title provides insured closing services and the Company requirements as they pertain to "Gap Coverage" have been compiled with. B. STANDARD EXCEPTIONS: The following Standard Exceptions will remain on all policies issued unless eliminated In whole or In part by Section B-1 or by Endorsement after the Company has completed a risk assessment which may include a lien audit, property Inspection, plat drawing, or other documentation. There will be an additional service fee for any risk assessment requested. 1. Rights or claims of parties In possession not shown by the public records. 2. Any encroachment, encumbrance, violation, variation or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. 3. Any Lien, or rights to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. C. SPECIAL EXCEPTIONS: 1. Any other matter including pending assessments, If any, which would be Insured by the owner's title policy but was either assumed or accepted by the Buyer(s) In the deed to the Buyer(s), the Purchase Agreement; or which the Buyer(s) was aware of and did not disclose to Burnet Title in writing prior to closing. 2. Assessments and charges, for utility, water, sewer fees or diseased tree removal, levied by the local rnuniclpallty, to the extent that the fees were Incurred prior to the date of closing and were not incurred by the party to be insured. This exception may be removed on residential transactions If Burnet Title closes the transaction and receives satisfactory disclosures and assurances. 3. Easements for utility and drainage purposes, as shown on the recorded plat. 4. Covenants, conditions, restrictions and provisions as set forth in Document No. 5266530, which does not contain a forfeiture or reverslonary clause. (Any restrictions based on race, religion, gender or place of national origin are unenforceable.) 5. Rights of the public, the State of Minnesota and of the U.S. Government to use that part of the premises which lies below the high water mark or U.S. Government Harbor line of Lake Minnetonka. Rights, if any, of any riparian owners and of the public to use the surface, sub-surface, and bed of Lake Minnetonka, and any adverse claims based on the assertion that the bed of Lake Minnetonka has changed. 6. Riparian rights are neither guaranteed nor Insured herein. 7. Resolution Document No. 5145572, 5206726 and 5307193. 8. Terms and conditions of Permits recorded as Document Nos. 4814241 and 5133879. 9. Subject to the lagoon and all incidental rights thereto. 10. Easement for utility and drainage purposes, as shown in Document No. 5266530. 11. Easement for driveway purposes, as shown in Document No. 5266530. 12. Easement for drainage and utility purposes as shown in Document No. 8570256. 13. Covenants, conditions, restrictions, easements and provisions as set forth in Document No. 8570258, which does not contain a forfeiture or reverslonary clause. (Any restrictions based on race, religion, gender or place of national origin are unenforceable.) 14. Terms and conditions of resolution approving lot line rearrangement, filed April 25, 2005, as Document No. 8570254. 15. Terms and conditions of resolution approving a preliminary plat, filed June 18, 2010, as Document No. 9527083. 16. The Owner's Polley will contain the following exceptions: This Polley Is being issued for the value of the vacant land only, and the liability hereunder is hereby limited to the face amount of the policy. Rights or claims or parties in possession not shown by the public records. Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey and inspection of the premises. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 17. Subject to judgments, tax liens, bankruptcies, and creditors, if any, against the insured. Page 2 of2 CITY OF ORONO 2750 KELLEY PARKWAY ORONO, MN 55356- (952) 249-4600 FAX: (952) 249-4616 ADDRESS : 1535 BOHNS POINT RD PIN : 08-117-23-44-0023 LEGAL DESC : DIVISION #050376 : LOT 001 BLOCK 001 PERMIT TYPE : ESCROW FEE -APPLICANT PROPERTY TYPE : RESIDENTIAL CONSTRUCTION TYPE : ESCROW FEE-APPLICANT NOTE: THIS $2500 ESCROW IS TIED TO ZONING PERMIT# 14-3646 -PD BY ALBERT ANNEX ST AD 11111111111111111111111111111111111111111111111 IIIII IIII IIII *2013-01274* DATE ISSUED: 12/09/2013 APPLICANT DNA Prope1ties LLC 121 EAST PARK SQUARE OWATONNA, MN 55060- ESCROW FEE -APPLICANT ESCROW FEE -DEVELOPER TOTAL 2,500.00 0.00 2,500.00 OWNER DNA Properties LLC 121 EAST PARK SQUARE OWATONNA, MN 55060- AGREEMENT AND SWORN STATEMENT The work for which this permit is issued shall be performed according to the approved plans and specifications, applicable City approvals, and the State Building Code. This permit is for only the work described and does not grant permission for additional or related work which requires separate permits. All provisions oflaws and ordinances governing this type of work shall be com pied with whether or not specified herein. This permit will expire and become null and void if construction authorized is not commenced within 180 days of the date of issuance, or if construction is suspended for a period of 180 days at any time after work has commenced. The applicant is responsible for assuring all required inspections are requested in conformance with the State Building Code. This permit may be revoked at any time for due cause. Applicant Permitee Signature Date Payment(s) CHECK Issued By Signature 6739 2,500.00 I I Date City of Orono Subdivision .Application Street Address: 2750 Kelley Parkway Orono, MN 55356 . Main: 952-249-4600 fax: 952~249-4616 · Mailing Address: P.O. Box66 C stal Ba MN 55323-0066 Application # Date Received : Staff: Appllcatl.or:i Fee: .. Escrow# & $ Notes: PROPERTY INFORMATION: / -l Sit€? Addre~s: ls-3.s-{{ab NJ: f,, Pr /b~. o '?i o .,.t,,o f1N. Properti!dt3ntificatlon Number (PIN): 0'8--117-7-3-'-{l/-d o·t.:3 · (Attach legal description to application If not fncludfd on thp_ survey) Date Property Acquired (month/year): °I t-z...o O l Iii Abstract . ·. □ Torrens (Please ch.eek one) Present use of property: "Ga: Residential; number of Units _· ___ _ D Other (specify) __________ --------,----- Zoning District: __ L_A'-=--'--1 ...... R _______ _ OWNER INFORMATION: (Co Name(s):___.,·~:...:...L..1-.L...i::,~.....:...~""--=-'---=..:..=------------------'------'-- Phone (home): _____________ _ Address: · --1---A f Email : A f CJ& N e,x: sid B-:,010 . • cotb · Fax:_. _____________ _ EXISTING LAND USE: Number cif Tax Parcels: I Development Size: --':f-~1-°t-+--Acres Dry Land _ __,_,,_Q.""-= __ Acres Wet Land -~q~· £..........,.9 __ Acres TOTAL, all parcels PROPOSED LAND USE: □ Division for Tax Purposes □ Lot Line Rearrangement Only (no new building sites) ~ Subdivision for New Building Sites Num~er of Building Sites: Existing Units: I · New Units: Total Units: Proposed Gross Density -z_ Minimum Lot Size:. '<.. • 2.1 Units per '{, rP-~ acres / Square feet dry builable land A-s ,4-opoS-e..c-1 Proposed Use (check)□ Residential □ Other (specify) ____________________ _ Minimum Material Required for Complete Preliminary Plat Application 1. Payment of fees 2. Completed application form. 3. Preliminary plat information on Certificate of Survey. 4. Certified Property Owners list 5. A list of any other persons you wish notified of this application Subdivision Packet LastUpdated: 04/01/2013 Minimum Material Required for a Complete Final Plat Application 1. Payment of fees 2. Signed certificate of Survey or mylar copies of formal plat. 3. Title opinion. 4. Easements, covenants, etc. 5. Developers Agreement 6. Letter of Cre i Pano 11 r,f ?4 l ~J t lTY OF ORO NO APPLICATION FEES: (Planning & Zoning Coordinator to [X] those which apply) A llcatlon Base Fees: · Cost Total $350* $700* $850" $350": $2,500 $10,000 As incurred *plus, Engineering & Legal Revle_w Cost Total $650~ + $950" + $950"' $225 ' $275"' + $275* + $250"' $60/ er lot x$60 "'plus, Engineering & Legal Review Fl 'bl A II ti F / M" II &XI e ,pp ca on ees· 1sce aneous F ees Cost Total Variance , ·. $700"' Vacation of Public Road $100 per benefiting property ($700 minimum per aool) Varies Easement Vacation Associated with a Subdivision $200"' Easement Creation with Subdivision Aoolication No fee Escrow for Vacations and Easements $700 PRD Aooiication with Subdivision $35/dwelling unit x$35 Aooeal of Administrative Decision $50 *plus, Engineering & Legal Review / ' .L Total Escrow Amount. ( $2,500 // $10 000 / Other ~ ~ '-I Jo TOTAL DUE ~ .. _/ I 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 reg~rdless of Its potential merit • 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 raqu~t · · • Applicant and/or Owner acknowledge they must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant and/or owner Is unable to attend a scheduled meeting, please make arrangements to have an authorized repre ntative attend in place of the applicant/owner and advise the City Planner assigned to your proj Owner's Signature:....!."~~~/-;.....!.....~;i(,,LI.Ll(IL.~JC::' Date:_< __ ,_l ___ /_2 _/ l_J __ _ Owner's Signature: _________ ....__.,..-_ Applicant's Signature:_~_------~--'-'-_,,/4.c_-L......;..~ _ _,__, Applicant's Signature: ___________ _ Date: ___________ _ Date:"""'.,._~rz.--'-/ er__._{ _I 3 _ _;,..Y-_~- n ECEIVEO Date: Subdivision Packet Last Updated: 04/01/2013 Page 12 of24 £ DEC -9 2013 ()CITY OF ORONO '· •,. · ... . DATA PRl\l ACY .ADVISO .RY . . . . .· . . . . . . . In . accord,an.ce with Mlnn~sota State Statl!te 13.04 .·.Right~ of Subjec~s of Data, su.bd. 2, "Terines,sen . . warning'\ we v.:ould . like to :Inform you that yo!,lr reques.t for a perll)it or licerise froni the City of Orono or . , any qf. its. departments may"require you to furnish certain private or confidential lnformc:ition. . .. . . . ., .. · ·. . . . .. . ,.· You are riotiijed that: · . . ,:tie Information ' you f!,lrnish wili be used to determine your qualificatio1ffor the permit or . :ljc~ns~re1u~~te.d.· ·:\· .. ·.<,: ... ':~···.·. ·:···;: .····:··.·.·, ::··;·.•.··:··-,, You may refuse to su~~ly data, but ~if~sai may require that the City deny the permit or license ; . · . · . ·. · . · · , · 3 .. · '.4. t -'he information may' be shared V'i;~ oth'er local, state or federal age~cies to the e);(tent necessary to process the permit 'ot license. .. . , ' ' . . · . , . ·' ' ' ·, ~ (t ;o~/~~qh~~ted. permit ~/ iice~s:e ·r~~ulr~{douilcil ~~tio~ to appr~ve~. s~me information .. ·}nay be9on,epubllc : ·· .. ·. ·,. · ··. . ... · · · :: . . . . ..... . 5. You h.~ve c~d~in rights under Minnesota State Statute 13.04 (s~~ following page) to revi~w priyate data on you.rself. . . . • · ·: · ..... . 6. . Yo~r full name ·is r~quired to process thi$ applic~tion, cir permit. ' • • I ' • • • . ;i Last . Addre~;s City . Zip Subdivision Packet Last Updated: 04/01/2013 Paga 13 of24 · Phone .ECEIVED l DEC -9 2013 Oc1tv OF ORONO City of Orono Pre-Application Meeting Form (This form is to be completed by a City Planner during your pre-application meeting .) What is the purpose of a pre-application meeting? Pre-application meetings aid the applicant in preparing a complete proposal, Inform them of the prqcedures c requirements of the city code, and identify policies or regulations that create opportunities or problems for the proposal. PROPERTY INFORMATION: {J / · Site Address: [J-'3,S' al,,t,.15 /4;~ 14{ o/2.u~o ftp S'Ss9( O&--(17 -z'J -l.f{,( -~ tJ 0 Property Identification Number (PIN): Zoning District: ~\ {f:J Size of Property : DESCRIPTION OF REQUEST: □ Sketch Plan Wetland Delineation? □ YES □ NO □ Lot Line Rearrangement (Class I) Conservation De~i1n? 0 YES 'l1-NO Preliminary Plat Class II/ Ill) Other: _______ _ Sewer? 1/ES O NO Ownership : If yes, from where? Septic? □ YES Applicant's BILLS AND ESCROW: The land use application fee is for city staff time and overhead . costs Initials: 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 $1},f;{)o.OD to guarantee payment of the above. • OTHER INFORMATION: PLEASE NOTE: Your subdivision applic;ation will NOT be accepted without a pre-application meeting during which this form will be completed by City staff. Subdivision Packet Last Updated : 04/01/2013 Paga 10of24 Date: _/ i.._{~ ... _/_13_ Date: //-3(!)--/:, 7 ~1ECE~VIED DEC -9 2013 CITY OF ORONO pl~u lJ;_r5c S\~Od~ ~-ti-e- ~ HENNEPIN COUNTY MAIL LABET GENERA TOR "-------------------------------------------------------------·---------------· ------------------------------------------ " Hennepin County Mailing Label Receipt Provided By: Taxpayer Services Department Company or Homeowner Name: . Contact Person: Mark Gronberg Contact Address: .. , MN . Contact Phone: 952-473-4141~ Comments: Buffer Distance: 350ft PID LIST: Mail Label Count: 18 Page 1 of 1 TOTAL COST: $25.00 38 08-117-23 44 0006, 38 08-117-23 44 0007, 38 08-117-23 44 0008, 38 08-117-23 44 0009, 38 08-117-23 44 0010, 38 08-117-23 44 0023, 38 08-117-23 44 0024, 38 09-117-23 33 0003, 38 09-117-23 33 0004, 38 09-117-23 33 0005, 38 09-117-23 33 0006, 38 09-117-23 33 0007, 38 09-117-_23 33 0008, 38 16-117-23 22 0001, 3817-117-2311 0003, 3817-117-2311 0004, 3817-117-2311 0005, 3817-117-2311 0013, ~ECEIVED DEC -9 2013 CITY OF ORONO 1/26/2013 Easy Peel'lll Labels Use Avery® Template 5160® 38 08-117-23 440006 CATHERINE M SALLAS 3220 BOHNS POINT LA WAYZATA MN 55391 38 08-117-23 44 0009 EDGAR J MCDONALD 10150 VERONA LAKE LA MIROMAR LAKES FL 33913 38 08-117-23440024 PATRICK J HALLORAN KATHLEEN A HALLORAN 1595 BOHNS POINT RD WAYZATA MN 55391 38 09-117-23 33 0005 DAVID M LEAVENWORTH 1500 BOHNS POINT RD WAYZATA MN 55391 38 09-117-23 330008 WD LARSON PO BOX 270710 MINNEAPOLIS MN 55427 38 17-117-23 11 0004 WENDY W DANK.EV 3034 CASCO POINT RD WAYZATA MN 55391 Etiquettes faciles a peter Utilisez le gabarit AVERY® 5160® i I • I I I };, . -FeedPaper - Bend along line to i expose Pop-Up Edge™ l 38 08-117-23 440007 DAVID J CONDON DAWN M CONDON 3230 BOHNS POINT LA WAYZATA MN 55391 38 08-117-23 440010 HENRY & VIRGINIA SWEATT 3225 BOHNS POINT LA WAYZATA MN 55391 38 09-117-23 33 0003 MAURICE J WAGENER 1420 BOHNS POINT RD WAYZATA MN 55391 38 09-117-23 33 0006 THOMAS J ABOOD 1520 BOHNS POINT RD WAYZATA MN 55391 38 16-117-23 22000! WENDY W DANK.EV 2599 CASCO PT RD WAYZATA MN 55391 38 17-117-23 11 0005 RANDALL A GREEN 1629 BONHS POINT RD ORONO MN 55391 ... Sens de chargement Repliez a la hachure afin de I reveler le rebord Pop-Up™ l AVERY® 5960™ i J.. 38 08-117-23 44 0008 JOHN ROGER SIMPSON BRICE 3260 BOHNS POINT LA WAYZATA MN 55391 38 08-117-23 44 0023 AMA INVESTMENTS LLC PO BOX 35139 FORT WORTH TX 76162 38 09-117-23 33 0004 HOWARD R ALTON III 1480 BOHNS POINT RD WAYZATA MN 55391 38 09-117-23 33 0007 MARY JANE HAUSER 1540 BOHNS POINT RD WAYZATA MN 55391 38 17-117-23 I I 0003 ROGER ROVlCK 2661 ARCOLA LANE WAYZATA MN 55391 38 17-117-23 11 0013 RONALD L OTTEN SUSANK OTTEN 1655 BOHNS POINT RD WAYZATA MN 55391 RECEIVED DEC -9 2013 CITY OF ORONO www.avery.com 1-800-GO-AVERY I I I I.