HomeMy WebLinkAboutItem 6 LA18-000076 1725 Bohns PointDate Application Received: 08/22/18
Date Application Considered as Complete: 09/04/18
60-Day Review Period Expires: 11/03/18
To: Chair Thiesse and Planning Commission Members
Dustin Rief, City Administrator
From: Melanie Curtis, Planner mcc
Date: 17 September 2018
Subject: #LA18-000076, Revision LLC o/b/o Christian Harker, 1725 Bohns Point Rd
Variances
Public Hearing
Background
The owner purchased the property in the Fall of 2017 and has begun to make improvements.
One area they wish to upgrade is the existing boathouse on the western portion of the
lakeshore. They have provided plans which contemplate an in-kind rebuild of the existing failing
structure but wish to expand upward to allow for a covered, porch-like, roof. They also
proposed to reorient the stairs but are keeping the two existing patio areas at the lake and up
on the hill. Due to the proximity of the boathouse to the lake variances are requested.
LOT ANALYSIS WORKSHEET
Section 78-330; 78-1279; 78-1405; 78-1434 & 78-1435 – Setbacks:
LR-1B
Required
(Principal
Structure)
Required
(Accessory Structure
< 750 sf)
Existing
(Boathouse)
Proposed
(Boathouse)
Rear/Street 30’ *30’ ±330’ No Change
West Side 10’ 10’ ±75’ No Change
East Side 10’ 10’ ±280’ No Change
Lakeshore 75’ 75’ 16.6’ 16.6’
Average
Lakeshore
The existing structure is entirely lakeward of the average lakeshore
setback. The upward expansion is a new encroachment.
*depends on type of structure.
Application Summary: The applicant is requesting lake setback, average lakeshore setback,
and hardcover variances in order to rebuild & expand an existing 150 square foot boathouse
and reorient the lake access stairs.
Staff Recommendation: Staff recommends the Planning Commission determine if the
requested variances are supported but practical difficulties and consider a motion to approve
or deny the requested variances as appropriate.
FILE # LA18-000076
17 Sept 2018
Page 2 of 5
Section78- 330 - Lot Area/Width:
LR-1B Lot Area Lot Width
Required 43,560 s.f. (1.0 acre) 140’
Actual 111,475 s.f. (2.6acre) ±358’ @ 75’ / ±390’ @ OHWL
Section 78-1403- Structural Coverage:
The property exceeds 1.99 acres and is not subject to structural coverage limitations.
Section 78-1680 and 78-1700 -Hardcover Calculations:
Stormwater
Overlay
District Tier
Total Area
in Zone
Allowed
Hardcover Existing Hardcover Proposed Hardcover
(Includes other projects)
Tier 1 111,475
s.f.
27,868 s.f.
(25 %)
20,054 s.f.
(18%)
1,084 s.f.
w/in 75’
22,813 s.f.
(20.5%)
1,044 w/in
75’
Applicable Regulations:
Lake Setback Variance & Average Lakeshore Setback Variance (Section 78-1279)
The applicant plans to rebuild the foundation of the 150 square foot boathouse building which is
permitted as a legal nonconforming structure with respect to setback. It is currently set back 16
feet from the OHWL where a 75-foot setback is required, and entirely lakeward of the average
lakeshore setback line. They also plan to increase the height of the structure by adding a porch
roof over the top which expands the structure within the substandard setbacks – average
lakeshore and lake setback. The upper level expansion consists of posts and a roof; they plan to
install retractable screens in the place of walls.
Hardcover Variance (Section 78-1680)
The hardcover variance is requested due to the reorientation of the existing stairway to the lake.
A lake access stair is permitted hardcover however, with the addition of the other existing
improvements in the 75-foot setback, the hardcover exceeds the minimum permitted (which
should be equal to the stair footprint). The applicant’s proposal results in a hardcover reduction
in the 75-foot setback area of 40 square feet, due to the reorientation of the stair; a variance is
still required.
Governing Regulation: Variance (Section 78-123)
In reviewing applications for variance, the Planning Commission shall consider the effect of the
proposed variance upon the health, safety and welfare of the community, existing and
anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect
on values of property in the surrounding area. The Planning Commission shall consider
recommending approval for variances from the literal provisions of the Zoning Code in instances
where their strict enforcement would cause practical difficulties because of circumstances unique
to the individual property under consideration, and shall recommend approval only when it is
demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning
Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties
also include but are not limited to inadequate access to direct sunlight for solar energy systems.
Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06,
subd. 2, when in harmony with this chapter. The board or the council may not permit as a
variance any use that is not permitted under this chapter for property in the zone where the
FILE # LA18-000076
17 Sept 2018
Page 3 of 5
affected person's land is located. The board or council may permit as a variance the temporary
use of a one-family dwelling as a two-family dwelling.
According to MN §462.537 Subd. 6(2) variances shall only be permitted when:
1. The variance is in harmony with the general intent and purpose of the Ordinance. The
variance supports expansion of a non-conforming structure in the lake yard. Lake yard
construction prohibitions are intended to maintain the natural lakeshore and
encourage development away from the lake. Alternatively, the goals of average
lakeshore setback include protecting views from land into the lake, the requested
variances to increase the height of the existing structure is in harmony with the
Ordinance as the most adjacent neighbors are separated from the structure and
situated so that their lake views will not be impacted by the changes to the existing
boathouse. The additional mass of the roof areas within the setbacks will not be closer
to the lake than existing and will not negatively impact the views into the property
from the lake. The reorientation of the lake access stair results in a decrease in 0-75’
zone hardcover rand is in harmony with the Ordinance. This criterion is met.
2. The variance is consistent with the comprehensive plan. The variances resulting in
modifications to the existing boathouse without footprint expansions within the
setbacks in a residential zone are consistent with the Comprehensive Plan. The
reorientation of the lake access stair results in a decrease in 0-75’ zone hardcover rand
is consistent with the Comprehensive Plan. This criterion is met.
3. The applicant establishes that there are practical difficulties.
a. The property owner proposes to use the property in a reasonable manner not
permitted by the official controls; The reasonable use of the property is
established with the principal structure. The applicant suggests that
reasonable use extends to protection from insects and inclement weather.
The request to permit expansion of the boathouse lakeward of the average
lakeshore setback and within the 75-foot lake setback appear to be
reasonable as the owners of the adjacent properties previously stated no
objection to the plans; the mature vegetation, topography, and property
orientation separate the subject property from the adjacent neighbors. The
stair reorientation resulting in a reduction of hardcover is reasonable. This
criterion is met.
b. There are circumstances unique to the property not created by the landowner;
The applicant proposes to make improvements to an existing building to
improve functionality for the owners. The boathouse was not constructed by
the current owners. and
c. The variance will not alter the essential character of the locality. The requested
variances will not result in the property being out of character with the
neighborhood; will not expand the footprint of the boathouse; or result in
additional encroachment into the setbacks toward the lake. The stair
reorientation resulting in a reduction of hardcover will not alter the character
of the locality. This criterion is met.
Additionally City Code 78-123 provides additional parameters within which a variance may be
granted as follows:
4. Economic considerations alone do not constitute practical difficulties. Economic
considerations have not been a factor in the variance approval determination.
5. Practical difficulties also include but are not limited to inadequate access to direct
sunlight for solar energy systems. Variances shall be granted for earth-sheltered
FILE # LA18-000076
17 Sept 2018
Page 4 of 5
construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono
City Code Chapter 78. This condition is not applicable.
6. The board or the council may not permit as a variance any use that is not permitted
under Orono City Code Chapter 78 for property in the zone where the affected person's
land is located. This condition is not applicable, as the use for a residential accessory
structure is an allowed use in the LR-1B District.
7. The board or council may permit as a variance the temporary use of a one-family
dwelling as a two-family dwelling. This condition is not applicable.
8. The special conditions applying to the structure or land in question are peculiar to such
property or immediately adjoining property. The Property exists at the end of a
peninsula. The proximity of the existing boathouse to the lake is an existing condition
which is unique to the property. This criterion is met.
9. The conditions do not apply generally to other land or structures in the district in which
the land is located. The location and existence of the boathouse accessory structure is
an existing condition unique to a small number of properties in the City, but could be
applied to all other boat house properties.
10. The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant. Substantial property right is provided by the
principal structure. The boathouse is allowed to be maintained and replaced in kind.
Expansion of an existing non-conforming structure is not a right.
11. The granting of the proposed variance will not in any way impair health, safety, comfort
or morals, or in any other respect be contrary to the intent of this chapter. Granting the
requested variances will not adversely impact health, safety, comfort, or morals; The
Commission should determine whether the modest expansion negates to goals of the
code in relation to views into, and out of the property.
12. The granting of such variance will not merely serve as a convenience to the applicant,
but is necessary to alleviate demonstrable difficulty. The applicant asserts that the
variances are necessary for safety and will not merely serve as a convenience to the
owners. Access to the water is possible through steps and/or stairs over steep slopes.
The variance provides a more comfortable viewing opportunity, which could be
considered a convenience.
The Commission may recommend or Council may impose conditions in granting of variances.
Any conditions imposed must be directly related to and must bear a rough proportionality to the
impact created by the variance. No variance shall be granted or changed beyond the use
permitted in this chapter in the district where such land is located.
Practical Difficulties Statement
Applicant has completed the Practical Difficulties Documentation Form attached as Exhibit B,
and should be asked for additional testimony regarding the application.
Practical Difficulties Analysis
The boathouse was constructed prior to the contemporary lake and sightline protection rules.
The owners intend to keep the existing footprint yet wish to make improvements to better suit
their family’s needs and to modernize the structure.
Planning Commission should review the practical difficulties analysis provided within this report
and determine if they support granting the requested variances to improve the boathouse and
lake access stair.
FILE # LA18-000076
17 Sept 2018
Page 5 of 5
Public Comments
Comments from the neighbor are attached.
Issues for Consideration
1. Does the Planning Commission find that that the proposed expansion is necessary for
the property owner to use the property in a reasonable manner which is not
permitted by an official control?
2. Does the Planning Commission find that the variance(s), if granted, will not alter
the essential character of the neighborhood?
3. Does the Commission find it necessary to impose conditions in order to mitigate the
impacts created by the granting of the requested variance(s)?
4. Are there any other issues or concerns with this application?
Planning Staff Recommendation
The Planning Commission should carefully consider whether the applicant has satisfied the
practical difficulties standard for this proposed accessory structure expansion, and consider a
motion to approve or deny the requested variances as appropriate.
List of Exhibits
Exhibit A. Application Summary & Narrative
Exhibit B. Practical Difficulties Documentation Form
Exhibit C. Existing Survey
Exhibit D. Proposed Survey
Exhibit E. Proposed Boathouse Plans and Elevations
Exhibit F. Existing Boathouse Plan
Exhibit G. Submitted Hardcover Calculations
Exhibit H. Site Photos – Applicant
Exhibit I. Aerial Photos
Exhibit J. City Code Sections
Exhibit K. Neighbor Email
Exhibit L. Property Owner List
Exhibit M. Plat Map
Land Use Application Summary
Application Date:08/22/2018
Address:
1725 BOHNS POINT RD WAYZATA, MN 55391
Parcel Number:1611723220007
Land Use Number:LA18-000076
Application Submitted By:Agent on behalf of property owner
Owner:
Name: 1725 BOHNS POINT LLC Address: 1725 BOHNS POINT RD WAYZATA, MN 55391
Applicant:
Name: Kevin Shultz Address: 153 Lake Street E Wayzata, MN 55391
Contact Information:
Associated Contact: Sven Gustafson Associated Contact: Associated Contact: Associated Contact:
Project Description:Boat House Restoration
Land Use Application Type:
Amendmend Application Appeal of Admin Decision Concept Application Conditional Use Permit Site Plan Application Subdivision Application Subdivision Exception Vacation Application Variance Application
Applicant Signature:
August 21, 2018
Mayor and City Council
City of Orono
2750 Kelley Parkway
Orono, MN 55323
Re: Variance Request – 1725 Bohns Pt. Rd.
Mr. Mayor and Council Members,
Our existing boathouse structure is not safe to enter interior space or to access by
way of the existing walkway and staircase. These conditions coupled with our desire
to start a family and have youngsters use the property in the near future have us
forced to re-design the space to be more safety conscious. The repairs and
improvements to the existing structure are needed for us to be comfortable allowing
family and guests to use the structure.
Respectfully,
Christian Harker
PRACTICAL DIFFICULTIES DOCUMENTATION FORM LA18-000076
1. The property owner proposes to use the property in a reasonable manner not
permitted by the Zoning Chapter.
Response: By adding walls and a roof to the existing flat roof deck, the enjoyment of the
space can be extended to times of inclement weather and protection from nuisance insects.
2. The plight of the landowner is due to circumstances unique to his property not
created by the landowner.
Response: The placement of the existing boat house and roof deck structure by previous
landowners coupled with the natural topography creates both unsafe and unsuitable spaces for
gathering.
3. The variance, if granted, will not alter the essential character of the locality.
Response: The topography is such that the massing incurred by walls and a roof are
backdropped by plantings and hillside from the lakeward vantage. From the property vantage,
the topography and plantings/boulder walls screen the structure from impacting the water
view. Neighbors from either side cannot see existing or proposed structure from their vantage
and are thought to be a non-factor.
4. Economic considerations alone do not constitute practical difficulties if
reasonable use for the property exists under the terms of the Zoning Chapter.
Response: Economic considerations are not a part of this request
5. Practical difficulties include, but are not limited to, inadequate access to direct
sunlight for solar energy systems. Variances shall be granted for earth sheltered
construction as defined in Minnesota Statutes, Section 116J.06, Subd. 2, when in
harmony with this Chapter.
Response: The lower portion of the structure is unsuitable for anything but storage and the
open roof deck is unsuitable for comfortable gathering because of exposure to pests and
inclement weather.
6. The Board of Appeals and Adjustments or the Council may not permit as a
variance any use that is not allowed under this Chapter for property in the zone
where the affected person's land is located.
Response: N/A
7. The Board or Council may permit as a variance the temporary use of a one-family
dwelling as a two-family dwelling.
Response: N/A
8. The special conditions applying to the structure or land in question are peculiar
to such property or immediately adjoining property.
Response: The steep shoreline relative to the boat house roof deck elevation puts it amongst
thick natural vegetation which functions as proper soil stabilization and visual screening of the
structure from the lakeward vantage; however these conditions also make all spaces currently
unsuitable for comfortable gathering.
9. The conditions do not apply generally to other land or structures in the district in
which said land is located.
Response: They do not.
10. The granting of the application is necessary for the preservation and enjoyment
of a substantial property right of the applicant.
Response: To have a boat house and roof deck that currently fits the intention of keeping
Lake Minnetonka shoreline as natural as possible, yet not be able to use it comfortably, is an
unfortunate circumstance due to placement amongst aforementioned foliage coupled with a
steep and unsafe decent to find comfort and safety in the protected storage space below.
11. The granting of the proposed variance will not in any way impair health, safety,
comfort, morals, or in any other respect be contrary to the intent of the Zoning
Code.
Response: The proposed design increases taxpayer's ability to use the space safely and
comfortably while not impeding any lake passerby, adjacent property owners, or property
guests from their enjoyment of the surroundings.
12. The granting of such variance will not merely serve as a convenience to the
applicant, but is necessary to alleviate demonstrable difficulty.
Response: Safety concerns for use and access are paramount to this request.
1725 BOHNS POINT ROAD
18407
N:\Projects\18045\18045RR.dwg, 4/19/2018 1:06:35 PM
±WAYZATA, MN 55391401 EAST LAKE STREETFAX: 952.473.8222Phone: 952.473.8777
WAYZATA, MN 55391401 EAST LAKE STREETFAX: 952.473.8222Phone: 952.473.8777
Structure hidden bynatural screening fromsoutherly vantage
Structure partially hidden bynatural screening from awesterly vantage8'-11 3/8"3'-8 1/4"8'-11 3/8"333'-8 11/4"133-8
Sec. 78-330. - Area, height, lot width and yard requirements.
(a) Height. No structure or building in the LR-1B district shall exceed 30 feet in height except as
provided in section 78-1366.
(b) Lots. The following minimum requirements shall be observed:
Lot
Area
(acre)
Lot
Width
(feet)
Front
Yard
(feet)
Side
Yard
(feet)
Side Yard
Adjacent
to Street
(feet)
Rear
Yard
(feet)
1 140 35 10 20 30
(c) Within the LR-1B zoning district, the side yard setback for lots that are non-conforming as to their
width shall be the lessor of ten feet or equal to ten percent of the lot width as defined. However, in no
case shall the side yard setback be less than 7.5 feet.
(Code 1984, § 10.24(5); Ord. No. 18 3rd series, § 3, 9-27-2004; Ord. No. 173 3rd series, § 5, 6-
27-2016; Ord. No. 199 3rd series, § 3, 6-12-2017)
_____
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:
(1) Structure and on-site sewerage system setbacks (in feet) from ordinary high water level:
Setbacks
Sewage
Public Water Structure Treatment
Classification Unsewered Sewered System
NE 150 150 150
RD 100 75 75
GD 75 75 75
Tributary 100 75 75
(2) Additional structure setbacks. The following additional structure setbacks apply, regardless of
the classification of the water body:
Setback from: Setback
(in feet)
Top of bluff 30
Unplatted cemetery 50
Right-of-way line of federal, state or county highway and local public and private roads 30*
* 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 patios and other accessory structures less than
42 inches above existing grade, stairways, lifts, 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 situations where improvement is proposed on a lot adjacent to a vacant lot or right-of-
way, the average lake shore setback shall be equivalent to the setback of the most
lakeward protrusion of the residence building on the immediately adjacent improved
lakeshore lot.
(Ord. No. 101 2nd series, § 1(10.56(16)(C)), 2-24-1992; Ord. No. 11 3rd series, § 1, 5-24-2004;
Ord. No. 106 3rd series, § 28, 6-10-2013; Ord. No. 157 3rd series, § 1, 8-10-2015)
Sec. 78-1280. - Minimum lowest floor elevations.
All structures located within the Shoreland Overlay District which are subject to the floodplain
regulations of article VIII of this chapter shall be placed at an elevation consistent with the requirements of
that article. The regulatory flood protection elevation shall be established as set forth in section 78-1111.
All structures constructed within the Shoreland Overlay District shall have their lowest floor, including
basement, placed at an elevation no lower than the regulatory flood protection elevation. Where the
regulatory floodplain elevation cannot reasonably be determined, the minimum elevation at which the
lowest floor, including basement, may be placed shall be determined as follows:
(1) For lakes, by placing the lowest floor at a level at least three feet above the highest known
water level, or three feet above the ordinary high water level, whichever is higher.
(2) For rivers and streams, by placing the lowest floor at least three feet above the flood of record.
(Ord. No. 101 2nd series, § 1(10.56(16)(D)), 2-24-1992)
Sec. 78-1281. - Water-oriented accessory structures.
The only water-oriented accessory structures allowed to be located nearer the ordinary high water
level than the normal structure setback as specified in this article shall be:
(1) One lockbox no greater than 20 square feet in area and no higher than 48 inches in height;
(2) One flagpole setback from side lot lines a distance no less than the required principal structure
side yard setback for the zoning district; and
(3) One pumphouse no greater than 20 square feet in area and no higher than 48 inches in height.
(Ord. No. 101 2nd series, § 1(10.56(16)(E)), 2-24-1992; Ord. No. 106 3rd series, § 27, 6-10-
2013)
Sec. 78-1282. - Driveways, stairways, lifts and landings.
(a) A driveway no wider than eight feet is permitted in the shoreland or tributary setback zone if the
property has no other frontage on or access to a public or private road.
(b) Stairways and lifts are the preferred alternative to major topographic alterations for achieving
access up and down bluffs and steep slopes to shore areas. Stairways, lifts and landings shall be
allowed in the shore setback zone and must meet the following design requirements:
(1) Stairways and lifts must not exceed four feet in width.
(2) Landings for stairways and lifts shall not exceed 32 square feet in area.
(3) Canopies or roofs are not allowed on stairways, lifts, or landings.
(4) Stairways, lifts and landings may be either constructed above the ground on posts or pilings or
placed into the ground, provided they are designed and built in a manner that ensures control of
soil erosion.
(5) Stairways, lifts and landings must be located in the most visually inconspicuous portions of lots,
as viewed from the surface of the public water, assuming summer, leaf-on conditions, whenever
practical.
(6) Facilities necessary to provide shore area access to physically handicapped persons shall be
allowed, provided that the dimensional and performance standards of subsections (1)—(5) of
this section are completed in addition to the requirements of the Minnesota Regulations, chapter
1340.
(7) A building permit shall be obtained for construction of stairways, lifts and landings regardless of
whether such improvements are constructed above, at or below grade.
(Ord. No. 101 2nd series, § 1(10.56(16)(F)), 2-24-1992; Ord. No. 59 3rd series, § 2, 5-11-2009)
Sec. 78-1283. - Steep slopes.
Any applicant requesting a permit for construction of sewage treatment systems, roads, driveways,
structures or other improvements on steep slopes shall provide adequate information to allow the city to
evaluate possible soil erosion impacts and development of visibility from public waters before such permit
may be issued. When determined necessary, conditions shall be attached to issued permits to prevent
erosion and preserve existing vegetation screening of structures, vehicles and other facilities as viewed
from the surface of public waters, assuming summer, leaf-on vegetation.
(Ord. No. 101 2nd series, § 1(10.56(16)(G)), 2-24-1992)
Sec. 78-1284. - Height of structures.
No structure within the Shoreland Overlay District shall exceed the height limitations set forth in the
standards for the underlying zoning district.
(Ord. No. 101 2nd series, § 1(10.56(16)(H)), 2-24-1992)
Sec. 78-1285. - Vegetation alterations.
(a) No live tree within 75 feet of the shoreline or within the bluff impact zone with a diameter of six
inches or more (or 19 inches in circumference or greater) measured three feet above the ground
may be removed without first obtaining a permit from the city staff, provided that at least the
equivalent number of replacement trees of a size and nature found acceptable to the staff are
planted at the same setback from the shoreline as those removed. Removal of trees that are dead
shall not require a permit, but such trees must be inspected by city staff prior to their removal.
(b) Intensive vegetation clearing within 75 feet of the shoreline, on steep slopes or within the bluff
impact zone within the Shoreland Overlay District is prohibited. Limited clearing of shrubs and trees
less than six inches in diameter and cutting, pruning and trimming of trees of any size is allowed to
provide a view to the water from the principal dwelling site and to accommodate the placement of
permitted stairways and landings, picnic areas, access paths, beach and watercraft access areas,
and permitted lockboxes, provided that the screening of structures, vehicles or other facilities as
viewed from the water, assuming summer, leaf-on conditions, is not substantially reduced.
(Ord. No. 101 2nd series, § 1(10.56(16)(I)), 2-24-1992; Ord. No. 127 2nd series, § 7, 7-11-1994;
Ord. No. 178 3rd series, § 14, 10-10-2016)
Sec. 78-1286. - Topographic alterations/grading and filling.
(a) Grading and filling and excavations necessary for the construction of structures, sewage treatment
systems, and driveways under validly issued construction permits for these facilities do not require
the issuance of a separate grading and filling permit. However, all grading and filling activity
approved permits for construction of structures, sewage treatment systems, and driveways shall
adhere to the grading and filling standards of this article.
(b) Grading, filling or excavating of more than 50 cubic yards is prohibited within 75 feet of the ordinary
high water level of the public waters enumerated in section 78-1217.
(c) Public and private roads, driveways, parking areas, and public or private watercraft access ramps
shall not be constructed within 75 feet of the ordinary high water level of the public waters
enumerated in section 78-1217. If no alternatives exist, such improvements shall be subject to the
standard zoning variance review procedure, and such review shall take into account the following
considerations:
(1) Such improvements shall be designed to take advantage of natural vegetation and topography
to achieve maximum screening from view from public waters.
(2) All roads and parking areas shall be designed and constructed to minimize and control erosion
to public waters consistent with the requirements of all agencies with jurisdiction.
(d) Except for those projects requiring permits for construction of structures, sewage treatment systems
and driveways, a land alteration permit will be required as follows:
(1) For movement of up to 50 cubic yards of material within 75 feet of public waters as per item (b)
above, a staff-issued land alteration permit shall be required.
(2) For movement of 51 through 500 cubic yards of material anywhere within the Shoreland
Overlay District, except for within 75 feet of public waters, a staff-issued land alteration permit
shall be required.
(3) For movement of more than 500 cubic yards of material within the Shoreland Overlay District,
conditional use permit approval by the city council is required in addition to the required land
alteration permit.
(e) The following considerations and conditions must be adhered to during the issuance of construction
permits, grading and filling permits, conditional use permits, variances and subdivision approvals:
(1) Grading or filling in any type 1, 2, 3, 4, 5, 6, 7 or 8 wetland must be evaluated to determine how
extensively the proposed activity would affect the following functional qualities of the wetland:
a. Sediment and pollutant trapping and retention;
b. Storage of surface runoff to prevent or reduce flood damage;
c. Fish and wildlife habitat;
d. Recreational use;
e. Shoreline or bank stabilization; and
f. Noteworthiness, including special qualities, such as historic significance, critical habitat for
endangered plants and animals, or others.
This evaluation must also include a determination of whether the wetland alteration being
proposed requires permits, reviews or approvals by other sections of city ordinances or by other
local, state or federal agencies including but not limited to watershed districts, state department
of natural resources, or the United States Army Corps of Engineers.
(2) Alterations must be designed and conducted in a manner that ensures only the smallest
amount of bare ground is exposed for the shortest time possible.
(3) Mulches or similar materials must be used, where necessary, for temporary bare soil coverage,
and a permanent vegetation cover must be established as soon as possible.
(4) Methods to minimize soil erosion and to trap sediments before they reach any surface water
feature must be used.
(5) Altered areas must be stabilized to acceptable erosion control standards consistent with the
field office technical guides of the local soil and water conservation districts and the United
States Soil Conservation Service.
(6) Fill or excavated material must not be placed in a manner that creates an unstable slope.
(7) Plans to place fill or excavated material on steep slopes must be reviewed by the city engineer
for continued slope stability and must not create finished slopes of 30 percent or greater.
(8) Fill or excavated material must not be placed in bluff impact zones.
(9) Any alterations below the ordinary high water level of public waters must first be authorized by
the commissioner of the department of natural resources under Minn. Stat. § 103G.245.
(10) Alterations of topography must only be allowed if they are accessory to permitted or
conditional uses and do not adversely affect adjacent or nearby property.
(11) Placement of natural rock riprap, including associated grading of the shoreline and placement
of a filter blanket, is permitted if the finished slope does not exceed three feet horizontal to one
foot vertical, the landward extent of the riprap is within ten feet of the ordinary high water level,
and the height of the riprap above the ordinary high water level does not exceed three feet. A
riprap permit shall be obtained per the requirements of section 78-969.
(f) Excavations where the intended purpose is connection to a public water, such as boat slips, canals,
lagoons and harbors, are prohibited above the ordinary high water level. Such excavations below the
elevation or the ordinary high water level are subject to approval of the department of natural
resources and other agencies with concurrent jurisdiction.
(Ord. No. 101 2nd series, § 1(10.56(16)(J)), 2-24-1992; Ord. No. 127 2nd series, § 8, 7-11-1994;
Ord. No. 163 2nd series, § 3, 12-8-1997; Ord. No. 171 2nd series, § 2, 4-4-1998; Ord. No. 28 3rd
series, § 17, 8-22-2005; Ord. No. 133 3rd series, §§ 2, 3, 1-26-2015)
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.
DIVISION 2. - GENERAL REGULATIONS FOR ALL PARCELS WITHIN THE STORMWATER QUALITY OVERLAY
DISTRICT
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.
Drawing 1: Minimum Driveway Standards
(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.
Drawing 2: Driveway Easements
(Ord. No. 94 3rd series, § 11, 9-24-2012)
Sec. 78-1683. - Standard hardcover inclusions.
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) The minimum stairway or landing at all exterior doors as required by the building code; and
(5) 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 20 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 2,000 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 where the highest point of the roof is more than six feet above existing
ground level.
(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; Ord. No. 170 3rd series, § 5, 6-13-2016; Ord. No. 187
3rd series, § 2, 3-13-2017)
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.
From:Kevin Shultz
To:Melanie Curtis
Cc:Gustafson, Sven; Joe Mailhot; project_1725bohns@revisionsystem.com; Christian Harker; Heather Harker
Subject:1725 Bohns - Neighbor letter of Acknowledgement
Date:Tuesday, August 28, 2018 8:43:16 AM
Melanie,
This neighbor didn't respond in time for the due date last week but I'm tossing it at you anyway in case you want to add to your file. The neighbor on the other side of this property has not weighed in but may respond from the
mailer in time.
Begin forwarded message:
Melissa Santrach <MSantrach@mingleteam.com>
Reply all |
Sat 8/25, 10:50 AM
Kevin
Shultz;
Joe
Mailhot;
project_1725bohns@revisionsystem.com;
Peter Santrach
<psantrach@mingleteam.com>
Hi Kevin,
We have met the Harkers and look forward to welcoming them to our Bohns Point neighborhood. We fully support their application for a variance for their boathouse. As parents, we, too, recognize the need for safety, especially when near the
water. The plans depict a structure that will certainly enhance the appearance of the boathouse along the shoreline, while providing a classic and enduring amenity on their property. We recommend approval of this variance application.
Sincerely,
Melissa and Peter Santrach
1700 Bohns Point Road
Orono, MN 55391
End forwarded message.
Kind Regards,Kevin ShultzChief Operations OfficerRevision, LLC153 Lake St EWayzata, MN 55391Lic #BC639027612-710-7236 cell612-462-4000 officewww.revisionmn.com
RUN DATE: 08/06/2018 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM (PROPERTY OWNERS LIST)PAGE: 1
38 08-117-23 44 0024
KATHLEEN A HALLORAN ETAL TRS
1595 BOHNS POINT RD
ORONO MN 55391
PATRICK J HALLORAN
KATHLEEN A HALLORAN
1595 BOHNS POINT RD
WAYZATA MN 55391
38 09-117-23 33 0008
THE NYK TRUST
1580 BOHNS POINT RD
ORONO MN 55391
THE NYK TRUST
1580 BOHNS POINT RD
ORONO MN 55391
38 16-117-23 22 0001
WENDY W DANKEY
1600 BOHNS POINT RD
ORONO MN 55391
WENDY W DANKEY
2599 CASCO PT RD
WAYZATA MN 55391
38 16-117-23 22 0002
S M ROSS & A P ROSS
1640 BOHNS POINT RD
ORONO MN 55391
SCOTT & ANGELA ROSS
1640 BOHNS POINT RD
WAYZATA MN 55391
38 16-117-23 22 0003
P A SANTRACH/M A K SANTRACH
1700 BOHNS POINT RD
ORONO MN 55391
PETER A SANTRACH
MELISSA A KREIMER SANTRACH
222 HENNEPIN AVE #407
MINNEAPOLIS MN 55401
38 16-117-23 22 0007
1725 BOHNS POINT LLC
1725 BOHNS POINT RD
ORONO MN 55391
1725 BOHNS POINT LLC
1725 BOHNS POINT RD
WAYZATA MN 55391
38 16-117-23 22 0008
1720 BOHNS POINT LLC
1720 BOHNS POINT RD
ORONO MN 55391
1720 BOHNS POINT LLC
1725 BOHNS POINT RD
ORONO MN 55391
38 17-117-23 11 0002
RONALD L & SUSAN K OTTEN
1655 BOHNS POINT RD
ORONO MN 55391
RONALD L OTTEN
SUSAN K OTTEN
1655 BOHNS POINT RD
WAYZATA MN 55391
38 17-117-23 11 0003
ECKER FAMILY LIVING TRUST
1625 BOHNS POINT RD
ORONO MN 55391
ECKER FAMILY LIVING TRUST
1625 BOHNS POINT RD
WAYZATA MN 55391
38 17-117-23 11 0004
JAMES MURPHY/CYNTHIA MURPHY
38 ADDRESS UNASSIGNED
ORONO MN 00000
JAMES H MURPHY
CYNTHIA A MURPHY
5128 QUEEN AVE SO
MINNEAPOLIS MN 55410
38 17-117-23 11 0005
WILLIAM F AND JULIE R SNYDER
1629 BOHNS POINT RD
ORONO MN 55391
WILLIAM F & JULIE R SNYDER
1629 BOHNS POINT TD
WAYZATA MN 55391
38 17-117-23 11 0006
JAMES MURPHY/CYNTHIA MURPHY
1635 BOHNS POINT RD
ORONO MN 55391
JAMES H MURPHY
CYNTHIA A MURPHY
5128 QUEEN AVE S
MINNEAPOLIS MN 55410
38 17-117-23 11 0007
JOHN R CHURCH & K V S CHURCH
1645 BOHNS POINT RD
ORONO MN 55391
JOHN R CHURCH
KLERISSA V S CHURCH
1645 BOHNS POINT RD
WAYZATA MN 55391
38 17-117-23 11 0008
RONALD L & SUSAN K OTTEN
38 ADDRESS UNASSIGNED
ORONO MN 00000
RONALD L OTTEN
SUSAN K OTTEN
1655 BOHNS POINT RD
WAYZATA MN 55391
38 17-117-23 11 0009
RONALD L & SUSAN K OTTEN
38 ADDRESS UNASSIGNED
ORONO MN 00000
RONALD L OTTEN
SUSAN K OTTEN
1655 BOHNS POINT RD
WAYZATA MN 55391
38 17-117-23 11 0010
RONALD L & SUSAN K OTTEN
38 ADDRESS UNASSIGNED
ORONO MN 00000
RONALD L OTTEN
SUSAN K OTTEN
1655 BOHNS POINT RD
WAYZATA MN 55391
38 17-117-23 11 0011
RONALD L & SUSAN K OTTEN
38 ADDRESS UNASSIGNED
ORONO MN 00000
RONALD L OTTEN
SUSAN K OTTEN
1655 BOHNS POINT RD
WAYZATA MN 55391
38 17-117-23 11 0012
RONALD L & SUSAN K OTTEN
38 ADDRESS UNASSIGNED
ORONO MN 00000
RONALD L OTTEN
SUSAN K OTTEN
1655 BOHNS POINT RD
WAYZATA MN 55391
38 17-117-23 11 0013
RONALD L & SUSAN K OTTEN
38 ADDRESS UNASSIGNED
ORONO MN 00000
RONALD L OTTEN
SUSAN K OTTEN
1655 BOHNS POINT RD
WAYZATA MN 55391
Hennepin County has developed electronic forms of certain property information databases. Hennepin County makes reasonable efforts to produce
and publish the most current property information available. The viewer should understand, however, that Hennepin County makes no
representation or warranties, either express or implied, or as to merchantability or fitness for a particular purpose regarding the accuracy
and/or completeness of the information contained herein.
Hennepin County Locate & Notify Map
1725 Bohns Pt R d, Orono MN 55391
0 120 24060 ft
Date : 8/6/2018
Buffer Size:350 feetMap Comments:
This data (i) is furnished 'AS IS' with no representation as tocompleteness or accuracy; (ii) is furnished with no warranty of anykind; and (iii) is notsuitable for legal, engineering or surveyingpurposes. Hennepin County shall not be liable for any dam age, injuryor loss resulting from this data.
For more information, contact Hennepin County GIS Office300 6th Street South, Minneapolis, MN 55487 / gis.info@hennepin.us