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Doc No A 10405596
Certified , filed and/or recorded on
Jan 20, 2017 4 :30 PM
Office of the County Recorder
Hennepin County , Minnesota
Martin McCormick, County Recorder
Mark Chapin, County Auditor and Treasurer
Deputy 77 Pkg ID 1504550M
Document Record ing Fee $46.00
Document Total $46.00
Th is cover sheet is now a permanent part of th e recorded document.
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 6 6 9 2 ---------
A RESOLUTION
APPROVING VARIANCES FROM
MUNICIPAL ZONING CODE
SECTIONS 78-1434 & 78-1435
FILE NO. 16-3872
WHEREAS, Timothy M. Sullivan and Amy K. Sullivan, a married couple
(hereinafter the "Applicants"), are the owners of the property located at 440 Brown Road South and
legally described as :
Lot 3 Block 1, Stronghold, Hennepin County, Minnesota (hereinafter the
"Property");
WHEREAS, on September 21 , 2016 , the Applicants made application to the City
of Orono for variances from Orono Municipal Zoning Code Sections 78-1434 and 78-1435 to allow
construction of a 1,200 square foot oversize accessory building closer to the street than the
principal structure ; and
WHEREAS, on October 17 , 2016, after published and mailed notice in accordance
with Minnesota Statutes and the City Code , the Planning Commission held a public hearing , at
which time all persons desiring to be heard concerning this application were given the opportunity
to speak thereon ; and
WHEREAS, on October 17, 2016 , the Planning Commission recommended
approval of the variances; and
WHEREAS, on November 14, 2016, the City Council reviewed the application and
the recommendations of the Planning Commission and City staff; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono , Minnesota
hereby approves the requested variances as described above based on one or more of the
following findings of fact concerning the Property:
FINDINGS OF FACT:
1. This application w as reviewed as Zoning File #16-3872 . The analysis contained w ithin
staff memos and the exhibits attached to the aforesaid memos , all minutes from the above
mentioned meetings , and any and all other materials distributed at these meetings are
hereby incorporated by reference .
C ITY OF ORONO
RESOLU TION OF THE CITY COUNCIL
NO. ___ 6~6L.........<-9_..i_' __
2. The Property is located in the RR-18 One Family Rural Residential Zoning District.
3 . The Property contains 2 .5 acres in area and has a defined lot width of 100' at the cul-de-
sac and over 300 feet at the principal structure setback (50 feet).
4 . Applicant has applied for the following variance[s]:
a. Setback variances
5 . In considering this application for variances, the Council has considered the advice and
recommendation of the Planning Commission and the effect of the proposed variances
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.
ANALYSIS:
1. "Variances shall only be permitted when they are in harmony with the general purposes
and intent of the ordinance .... " The proposed variances will be in harmony with the intent
of the Zoning Code as the proposed structure will be screened from view from off the
Property by the topography and vegetation that exists between the proposed structure,
the neighbors, and Brown Road .
2 . "Variances shall only be permitted ... when the variances are consistent with the
comprehensive plan ." The accessory building is residential in nature; and the variances
would allow for the accessory building to be located in a screened portion of the
Property.
3 . "Variances may be granted when the applicant for the variance establishes that there are
practical difficulties in complying with the zoning ordinance. 'Practical difficulties ,' as used in
connection with the granting of a variance , means that:
a . The property owner in question proposes to use the property in a reasonable manner,
however, the proposed use is not permitted by the official controls.
The location of the home is towards the very rear of the Property; an accessory
building cannot feasibly be constructed to meet the front setback requirement.
Construction of an accessory building in the proposed location is consistent with
OAS setbacks and is reasonable on this rural 2 .5 acre residential property .
b . The plight of the landowner is due to circumstances unique to his property not created
by the landowner.
2
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
6 6 9 2 NO. ________ _
The existing home on the Property is approximately 220 feet from the front lot line
and ±50 feet from the rear lot line . Additionally, the location of the septic sites and
wetland on the Property further restrict options . There are no conforming locations
to construct the accessory building .
c. The variance, if granted, will not alter the essential character of the locality."
The accessory building will not be visually obtrusive when viewed from off of the
property. It will appear as a barn , a typical rural residential structure , when viewed
off site . This condition is met.
4. "Economic considerations alone do not constitute practical difficulties." The Applicants have
not cited economic reasons for their request.
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 construction as
defined in Minn . Stat.§ 216C.06, subd . 2, when in hannony with Orono City Code Chapter
78 ." This criterion 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 ." A detached garage is a permitted accessory use in the residential 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 criterion 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 location of the home on the Property does
not leave a conforming space to construct an accessory building . Additionally, the location
of the sept ic sites and wetland on the Property further restrict options. There are no
conforming locations to construct the accessory building on the site. The building may only
be partially visible from the western neighbor.
9. "The conditions do not apply generally to other land or structures in the district in which the
land is located ." The location of the home, septic sites, and wetland create a unique
situation on the Property.
1 o. "The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant." The Property is permitted accessory structures .
The proposed structure meets all but the front setback due to the home location. This
criterion is met.
3
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
6692 NO. ________ _
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." The accessory
building in the proposed location will not impair the health , safety, comfort or morals of the
public.
12. "The granting of such variance will not merely serve as a convenience to the applicant, but
is necessary to alleviate demonstrable difficulty." There are no conforming locations to
construct such an accessory building on the Property; this criterion is met.
CONCLUSIONS, ORDER AND CONDITIONS:
Based upon one or more of the above findings, the Orono City Council hereby grants
variances to Orono Municipal Zoning Code Sections 78-1434 and 78-1435 to allow construction
of a 1,200 square foot accessory building closer to the street than the principal structure, subject
to the following conditions:
1. Council approval is based on the location of "Barn A " on the survey dated September 12,
2016 by Frank Cardarelle Land Surveyor and building plans submitted by the Applicants
and annotated by City staff, attached to this Resolution as Exhibits A & B. Any
amendments to the plans which are not in conformity with City codes may require further
Planning Commission and City Council review.
2 . The Applicants agree to and covenant the following regarding the oversize accessory
structure ; such covenant shall be binding on current and future property owners and shall
be filed in the chain of title of the Property.
a. No future subdivision will be approved that places the structure within a lot that has
no principal structure, except that the city in its subdivision approval may grant a
finite time period in which the oversized accessory structure may remain without a
principal structure, in order that a principal structure may be constructed. At the
end of this time period, the oversized accessory structure must be removed if no
principal structure has been constructed .
b . If the Property is subdivided , the oversize accessory structure and principal
structure will be located together within a lot that meets the minimum lot area
requirement for the given size of accessory building .
c. In subdivision approval , the setback required for the oversize accessory structure
shall remain .
3. Authorities granted by this resolution run with the Property not with the Applicants, but are
permissive only and must be exercised by obtaining a building permit for the new
4
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
660Lr, NO. ______ ✓;:__:....:__
construction and commencing construction of said project. A framing inspection must be
completed within one year of the date of Council approval, or the variances will ex pire on
that date (November 14, 2017).
4. Violation of or non-compliance with any of the terms and conditions of this resolution shall
constitute a violation of the zoning code, shall automatically terminate any authority
granted herein , and shall be punishable as a misdemeanor.
5 . The undersigned Applicants have read , understand and hereby agree to the terms of this
resolution and on behalf of the Applicants and the Applicants ' heirs, successors and
assigns, hereby agree to the recording of this resolution in the chain of title of the Property.
ADOPTED by the Orono City Council on this 14th day of November, 2016.
ATTEST: /,
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CITY OF ORONO:
Lili Tod McMillan , Mayor
5
STATE OF MINNESOTA
COUNTY OF HENNEPIN
CITY OF ORONO
RESOLUTION OF TH E CITY COUNCIL
6 6 9~ NO. ________ _
Property 0
This instrument was acknowledged before me this i ct~ay of /)e_ CQ.,mh.v; 20 llt , by
Timothy M . Sullivan, husband of Amy K. Sullivan .
STATE OF MINNESOTA
COUNTY OF HENNEPIN
Notary 'Public
s+ ,,
This instrument was acknowledged before me this .;2{ day of l_,1 -e_u~~O/fL_, by
Amy K . Sullivan , wife of Timothy M . Sullivan.
Notary Public z...
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STATE OF MINNESOTA )
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COUNTY OF HENNEPIN )
The undersigned, being duly qualified and appointed City C lerk of the City of Orono,
Minnesota, certifies that I compared the foregoing was adopted at the meeting of the Orono Ci t y
Council on November 14, 2016 , with the original thereof on file in my office, and the same is a
correct transcription thereof.
CITY OF ORONO
2750 Kelley Parkway
P.O. Box 66
Crystal Bay, MN 55323
952.249.4600
TO: Alex Lang, Revision LLC
153 Lake Street E
Wayzata, MN 55391
TYPE OF APPLICATION: Variance
DATE OF MEETING: 14 Nov 2016
ZONING FILE: 16-3872
NOTICE OF COUNCIL ACTION
DATE OF NOTICE: 14 Nov 2016
COPIES:
VOTE: 4
Alex Lang
John Daly
Tim & Amy Sullivan
FOR 0 AGAINST
Motion: To approve per the findings and conditions of the resolution previously mailed to you .
Please arrange to sign the original resolution at the City Offices (Monday through Friday, 8:00 to 4:30}.
All persons with an interest in the property must sign the resolution.
Variance approval is limited to the extent shown on approved plan and as noted in the approval
resolution. Changes in approved plans are subject to further review by the City. Variance approval expires
one year after date of approval. A building permit must be obtained no later than November 14, 2017 .
If you desire certified copies of the official Council minutes, they are available from the City Clerk after
review and approval by the City Council. Additionally, on-demand video re-play of the Council meeting is
available on the City's website: www.ci.orono.mn .us.
If you have questions please contact Melanie Curtis, at mcurtis@ci.orono.mn.us or 952.249.4627.
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, November 14, 2016
7:00 o'clock p.m.
*16. #16-3870 SCOITD.HOCHSTEDLER, 290 CRESTVIEW AVENUE, RIGHT-OF-WAY
VACATION -RESOLUTION NO. 6690
Printup moved, Cornick seconded, to adopt RESOLUTION NO. 6690, a Resolution Vacating a
Dedicated Right-of-Way Within the Plat of Bayside Addition to Lake Minnetonka, Hennepin
County, Minnesota, File No. 6-3870. VOTE: Ayes 4, Nays O.
*17. #16-3871 PIVEC CONSTRUCTION ON BEHALF OF MIKE SETNICKER, 1175
WILLOWBROOK DRIVE -VARIANCE -RESOLUTION NO. 6691
Printup moved, Cornick seconded, to adopt RESOLUTION NO. 6691, a Resolution Approving
Variances from Municipal Zoning Code Sections 78-1434 and 78-1435, for the property located at
175 Willowbrook Drive, File No. 16-3871. VOTE: Ayes 4, Nays 0.
*1 8. #1 6-3872 REVISI ON, LLC, ON BEHALF OF TIMOTHY AND AMY SULLIVAN, 440
BROWN R O AD SOUTH -VARIANCE -RESOLUTION NO. 6692
Printup moved, Cornick seconded, to adopt RESOLUTION NO. 6692, a Resolution Approving
Variances from Municipal Zoning Code Sections 78-1434 and 78-1435, for the property located at
440 Brown Road South, File No. 16-3872. VOTE: Ayes 4, Nays 0.
*19. #16-3873 RY A..llif AND NATALIE BLACKWELL, 80 SMITH A VENUE -VARIANCES -
RESOLUTION NO. 6693
Printup moved, Cornick seconded, to adopt RESOLUTION NO. 6693, a Resolution Approving
Variances from Municipal Zoning Code Section 78-420, for the property located at 80 Smith
Avenue, File No.16-3873. VOTE: Ayes 4, Nays 0 .
20. #16-3874 STONEWOOD, LLC, ON BEHALF OF LYLE AND GRETCHEN SHAW, 1750
SHADYWOOD ROAD -VARIANCES-RESOLUTION NO. 6694
Gaffron stated the applicants are planning to construct a new home on a substandard lakeshore lot for the
Shaw family. The property currently contains a small home with no garage. The lot is approximately
one-quarter acre in a half-acre zone. It is one of the smallest lakeshore lots on Shadywood Road due
primarily to the shape of the lakeshore. The property is served by municipal sewer and water.
The applicants are requesting variances for hardcover and structural coverage as well as lot area and lot
width. The proposal includes a new home with an attached 2-stall garage and a driveway with a backup
apron to allow vehicles to enter Shadywood Road in a forward manner.
While the existing small cabin encroaches approximately 18 feet into the 75-foot lakeshore setback, the
new home is proposed to be 75 feet from the OHWL. The cabin also encroaches 16 feet lakeward of the
average setback. The new home will meet both the 75-foot lakeshore setback and the average setback. A
portion of a grade-level patio, however, will extend past those lines. Hardcover of that type is typically
not allowed in the 0-75 foot zone.
Total hardcover proposed for the site is 29.6 percent where only 25 percent is nonnally allowed. Existing
hardcover is 16.9 percent with the existing cabin.
Page 18 of28
Date Application Received: 09/21/16
Date Application Considered as Complete : 09/21/16
60-Day Review Period Expires: 11/20/16
REQUEST FOR COUNCIL ACTION
Department Approval: Administrator Approval:
Name: Melanie Curtis l'Y\CC 9'1-11.J..
Title: Planner
Item Description:
Date: 7 November 2016
Item No. 18
Agenda Section:
Planning
#16-3872, Revision LLC, o/b/o Timothy & Amy Sullivan, 440 Brown Road S, Variance
Application Summary:
The applicant is requesting a variance to permit construction of a 1,200 square foot accessory building closer
to the street than the principal structure. The building exceeds 1,000 square feet in footprint and therefore is
considered an oversize accessory structure (OAS) requiring a covenant.
Planning Commission Recommendation
On October 17, 2016, the Planning Commission held a public hearing and reviewed the application including
the evidence submitted. Following the public hearing the Commission voted 5 to Oona motion to approve
conditioned upon the requirement ofthe OAS covenant.
Planning Staff Recommendation
Staff recommends approval. A draft approval resolution has been provided for Council's consideration.
COUNCIL ACTION REQUESTED
Council should consider adopting or amending the approval resolution .
List of Exhibits:
Exhibit A. Survey & Plans
Exhibit B. Draft Resolution
Exhibit C. PC Action Notice
Exhibit D. Draft PC Minutes
Exhibit E. PC Staff Report
Exhibit F. PC Exhibits
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CITY OF ORONO
RESOLUTION OF T HE C ITY COUNCIL
NO. ________ _
A RESOLUTION
APPROVING VARIANCES FROM
MUNICIPAL ZONING CODE
SECTIONS 78-1434 & 78-1435
FILE NO. 16-3872
WHEREAS, Timothy M. Sullivan and Amy K. Sullivan, a married couple
(hereinafter the "Applicants"}, are the owners of the property located at 440 Brown Road South and
legally described as:
Lot 3 Block 1, Stronghold, Hennepin County, Minnesota (hereinafter the
"Property");
WHEREAS, on September 21, 2016, the Applicants made application to the City
of Orono for variances from Orono Municipal Zoning Code Sections 78-1434 and 78-1435 to allow
construction of a 1,200 square foot oversize accessory building closer to the street than the
principal structure; and
WHEREAS, on October 17, 2016, after published and mailed notice in accordance
with Minnesota Statutes and the City Code, the Planning Commission held a public hearing, at
which time all persons desiring to be heard concerning this application were given the opportunity
to speak thereon ; and
WHEREAS, on October 17, 20 16 , the Planning Commission recommended
approval of the variances; and
WHEREAS, on November 14, 2016, the City Council reviewed the application and
the recommendations of the Planning Commission and City staff; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota
hereby approves the requested variances as described above based on one or more of the
following findings of fact concerning the Property:
FINDINGS OF FACT:
1. This application was reviewed as Zoning File #16-3872 . The analysis contained within
staff memos and the exhibits attached to the aforesaid memos , all minutes from the above
mentioned meetings, and any and all other materials distributed at these meetings are
hereby incorporated by reference.
CITY OF ORONO
RESOLUTION OF THE C ITY COUNCIL
NO. ---------
2. The Property is located in the RR-1 B One Family Rural Residential Zoning District.
3. The Property contains 2.5 acres in area and has a defined lot width of 100' at the cul-de-
sac and over 300 feet at the principal structure setback (50 feet).
4. Applicant has applied for the following variance[s]:
a. Setback variances
5. In considering this application for variances, the Council has considered the advice and
recommendation of the Planning Commission and the effect of the proposed variances
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 .
ANALYSIS :
1. "Variances shall only be permitted when they are in harmony with the general purposes
and intent of the ordinance .... " The proposed variances will be in harmony with the intent
of the Zoning Code as the proposed structure will be screened from view from off the
Property by the topography and vegetation that exists between the proposed structure,
the neighbors, and Brown Road .
2. "Variances shall only be permitted ... when the variances are consistent with the
comprehensive plan ." The accessory building is residential in nature; and the variances
would allow for the accessory building to be located in a screened portion of the
Property.
3. "Variances may be granted when the applicant for the variance establishes that there are
practical difficulties in complying with the zoning ordinance. 'Practical difficulties,' as used in
connection with the granting of a variance, means that:
a . The property owner in question proposes to use the property in a reasonable manner,
however, the proposed use is not permitted by the official controls.
The location of the home is towards the very rear of the Property; an accessory
building cannot feas ibly be constructed to meet the front setback requirement.
Construction of an accessory building in the proposed location is consistent with
OAS setbacks and is reasonable on this rural 2 .5 acre residential property.
b . The plight of the landowner is due to circumstances unique to his property not created
by the landowner.
2
CITY OF ORONO
RESOLUTION OF THE CITY COUNC IL
NO. ________ _
The existing home on the Property is approximately 220 feet from the front lot line
and ±50 feet from the rear lot line. Additionally, the location of the septic sites and
wetland on the Property further restrict options. There are no conforming locations
to construct the accessory building.
c. The variance , if granted, will not alter the essential character of the locality."
The accessory building will not be visually obtrusive when viewed from off of the
property. It will appear as a barn , a typical rural residential structure, when viewed
off site . This condition is met.
4. "Economic considerations alone do not constitute practical difficulties." The Applicants have
not cited economic reasons for their request.
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 construction as
defined in Minn. Stat.§ 216C.06, subd. 2, when in harmony with Orono City Code Chapter
78." This criterion 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." A detached garage is a permitted accessory use in the residential 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 c riterion 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 location of the home on the Property does
not leave a conforming space to construct an accessory building. Additionally, the location
of the septic sites and wetland on the Property further restrict options. There are no
conforming locations to construct the accessory building on the site. The building may only
be partially visible from the western neighbor.
9 . "The conditions do not apply generally to other land or structures in the district in which the
land is located." The location of the home , septic sites, and wetland create a unique
situation on the Property.
10. "The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant." The Property is permitted accessory structures.
The proposed structure meets all but the front setback due to the home location . This
criterion is met.
3
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. ________ _
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." The accessory
building in the proposed location will not impair the health , safety, comfort or morals of the
public.
12. "The granting of such variance will not merely serve as a convenience to the applicant, but
is necessary to alleviate demonstrable difficulty." There are no conforming locations to
construct such an accessory building on the Property; this criterion is met.
CONCLUSIONS, ORDER AND CONDITIONS:
Based upon one or more of the above findings, the Orono City Council hereby grants
variances to Orono Municipal Zoning Code Sections 78-1434 and 78-1435 to allow construction
of a 1,200 square foot accessory building closer to the street than the principal structure, subject
to the following conditions:
1. Council approval is based on the location of "Barn A" on the survey dated September 12 ,
2016 by Frank Cardarelle Land Surveyor and building plans submitted by the Applicants
and annotated by City staff, attached to this Resolution as Exhibits A & B . Any
amendments to the plans which are not in conformity with City codes may require further
Planning Commission and City Council review.
2 . The Applicants agree to and covenant the following regarding the oversize accessory
structure ; such covenant shall be binding on current and future property owners and shall
be filed in the chain of title of the Property .
a. No future subdivision will be approved that places the structure within a lot that has
no principal structure, except that the city in its subdivision approval may grant a
finite time period in which the oversized accessory structure may remain without a
principal structure, in order that a principal structure may be constructed . At the
end of this time period, the oversi zed accessory structure must be removed if no
principal structure has been constructed .
b . If the Property is subdivided, the oversize accessory structure and principal
structure will be located together within a lot that meets the minimum lot area
requirement for the given si ze of accessory building.
c. In subdiv ision approval, the setback required for the oversize accessory structure
shall remain .
3. Authorities granted by this resolution run with the Property not with the Applicants , but are
permissive only and must be exercised by obtaining a building permit for the new
4
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. ---------
construction and commencing construction of said project. A framing inspection must be
completed within one year of the date of Council approval, or the variances will expire on
that date (November 14, 2017).
4 . Violation of or non-compliance with any of the terms and conditions of this resolution shall
constitute a violation of the zoning code , shall automatically terminate any authority
granted herein, and shall be punishable as a misdemeanor.
5. The undersigned Applicants have read, understand and hereby agree to the terms of this
resolution and on behalf of the Applicants and the Applicants ' heirs , successors and
assigns, hereby agree to the recording of this resolution in the chain of title of the Property.
ADOPTED by the Orono City Council on this 14th day of November, 2016.
ATTEST: CITY OF ORONO:
Diane Tiegs, City Clerk Lili Tod McMillan, Mayor
5
Property Owner
STATE OF MINNESOTA
COUNTY OF HENNEPIN
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. _______ _
Property Owner
This instrument was acknowledged before me this _ day of _____ , 20_, by
Timothy M. Sullivan, husband of Amy K. Sullivan.
STATE OF MINNESOTA
COUNTY OF HENNEPIN
Notary Public
This instrument was acknowledged before me this _ day of _____ , 20_, by
Amy K. Sullivan , wife of Timothy M. Sullivan.
Notary Public
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NOTICE OF PLANNING COMMISSION ACTION
CITY OF ORONO
2750 Kelley Parkway
PO Box 66
Crystal Bay, MN 55323
952.249.4620
TO: Alex Lang, Revision LLC
153 Lake Street E
Wayzata, MN 55391
TYPE OF REQUEST : Variance
DATE OF MEETING : 17 October 2106
ZONING FILE: #16-3872
DATE OF NOTICE: 18 Oct 2016
COPIES Alex Lang
Via John Daly
email: Tim & Amy Sullivan
The Orono Planning Commission voted on a motion to recommend approval consistent with the staff
recommendation requiring OAS covenants.
Please note: Resolution of the outstanding septic questions/issues will be required prior to issuance of
a building permit for the building.
VOTE: 5 FOR 0 AGAINST
Applicant's next meeting is tentatively sc heduled as: Monday, November 14, 2016
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 Melanie Curtis at mcurtis@ci.orono.mn.us or 952.249 .4627.
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday, October 17, 2016
6:30 o'clock p.m.
6. #16-3872 REVISION, LLC, ON BEHALF OF TIMOTHY AND AMY SULLIVAN, 440
BROWN ROAD SOUTH, VARIANCE, 6:50 P.M. -6:55 P.M.
Alex Lang with Revision, LLC, and Timothy and Amy Sullivan, Applicants, were present.
Curtis stated the applicants are the new owners of the property and wish to construct a 1,200 square foot
detached accessory building which will resemble a barn in appearance. The building is proposed to be set
back approximately 175 feet from the front lot line. The home is set back approximately 220 feet. All
other setbacks and zoning requirements will be met. Due to the location of the building to the hou se, a
setback variance is required.
The two and a half acre property is allowed to have a maximum accessory s tructure of 1,200 square feet.
Overs ized accessory structure covenants would be required.
The building official has completed hi s review of the septic system for this project and has also requested
additional infonnation from the applicants to make hi s final detennination. His comments have been
included in the Planning Commission packet. Any outstanding septic issues must be resolved prior to
iss uance of the building pennit.
Staff has provided an analysis of the practical difficulties within the Staff report. The applicant h as
completed the practical difficulties analysis fonn and the Planning Commission may ask for additional
testimony regarding thi s application or di scuss the practical diffic ulty criteria.
Staff finds that the location of the existing home, septic s ites, and wetland/pond on th e property make
locating a confonning accessory s tructure, particularly an OAS in the size as pennitted, difficult. T he
impact of a 1,200 square foot two-story barn will be mitigated by both the existing wooded areas and the
separation between the barn building and the homes on adjacent properties.
No public comments have been received regarding thi s application.
Planning Staff recommends approval of the variance subject to the property owners agreeing with the
oversize accessory covenants.
MINUTES OF THE
ORO O PLANNI G COMMISSIO MEETI G
Monday, October 17, 2016
6:30 o'clock p.m.
The Planning Commission had no questions for Staff.
Timothy Sullivan, Applicant, s tated he could answer any questions.
Chair Thiesse opened the public hearing at 6:53 p.m.
There were no public comments regarding thi s application.
Chair Thiesse c losed the public hearing at 6:53 p.m.
Lemke asked if the appli cant h as s poken w ith the neighbors.
Amy Sulli van indicated they have and that no one h a d any objection.
Lemke commented the building makes sense.
Leskin en stated in her view it meets the practical difficulty criteria as outlined in S taffs report. Leskinen
stated given th e deep s etback of the hou se, there really i s no other place to locate the structure.
Thiesse noted all the other zoning requirements are met.
Schoenzeit stated the proposal seems reasonable.
Schwingler moved, Schoenzeit seconded, to recommend approval of Application No. 16-3872,
Revision, LLC, on behalf of Timothy and Amy Sullivan, 440 Brown Road South, granting of a
variance subject to the property owners agreeing to the oversized accessory structure covenants
that will be contained within the approval resolution and septic information being submitted.
VOTE: Ayes 5, Nays 0 .
Date App lication Received: 09/21/16
Date Application Considered as Complete: 09/21/16
60-Day Review Period Expires: 11/20/16
To:
From:
Date:
Subject:
Chair Thiesse and Planning Commission Members
Jessica Loftus, City Administrator
Melanie Curtis, Planner l'Y\CC
12 October 2016
#16-3872, Revision LLC , o/b/o Timothy & Amy Sullivan, 440 Brown Road S,
Variance
Public Hearing
Application Summary: The applicant is requesting a variance to permit construction of a 1,200
square foot accessory building (OAS) closer to the street than the principal structure.
Staff Recommendation: Planning Department Staff recommends approval subject to the OAS
covenant.
List of Exhibits
Exhibit A.
Exhibit B.
Exhibit C.
Exhibit D.
Exhibit E.
Exhibit F.
Exhibit G.
Exhibit H.
Exhibit I.
Background
Application
Practical Difficulties Documentation Form
Proposed Survey/Site Plan
Proposed Plans and Elevations
City Code Excerpts
Property Owners List
Plat Map
Septic preliminary analysis
Aerial Photos -Staff
The applicants are new owners of the property and wish to construct a 1,200 square foot
detached accessory building which will resemble a barn in appearance. The building is proposed
to be set back approximately 175 feet from the front lot line; the home is set back
approximately 220 f eet. All other setba cks and zoning requirements will be met.
LOT ANALYSIS WORKSHEET
Section 78-420. 78-1434. 78-1435. 78-1438 -Setbacks:
RR-18 Required Existing
Front so· Home 220'
Rear 50' Home ±55'
North Side 30' Home 28.6'
East Side 30' Home 40.7'
West Side 30' Home ±220'
South Side 30' Home ±340'
Wetland 35' Home 34.5'
Separation between 10' n/a buildings
Section 78-420 -Lot Area/Width:
RR-18 Lot Area Lot Width
Required 87,120 s.f. (2.0 acres) 200'
Proposed
FILE #16-3872
12 Oct 16
Page 2 of 4
Home 220'
Barn 175'
Home ±55'
Barn ±160'
Home 28.6'
Barn 30'
Home 40.7'
Barn 170'
Home ±220'
Barn 132'
Home ±340'
Barn ±365'
Home 34.5'
Barn 151'
House to Barn = 36'
Actual 102,550 s.f. (2.5 acres) 100'@ cul-de-sac/ +300@ SO' setback
Section 78-1403-Structural Coverage:
The property exceeds 1.99 acres in area therefore structural coverage limits do not apply.
Section 78-1434 -OAS (Area Restrictions):
The property is 2.5 acres in area. A single oversize d accessory structure (OAS) up to a 1,200
square foot footprint is permitted .
Section 78-1680 and 78-1700 -Hardcover Calculations:
The property is exempt from the Stormwater Quality Overlay Di strict hardcover limitations.
Applicable Regulations:
Setback Variance (Sections 78-1434 & 78-1435)
The applicants are proposing to construct an OAS closer to the street than the principal
structure . A variance is required.
Governing Regulation: Variance (Section 78-123)
In reviewing applications for variance, the Planning Commission shall consider the effect of the
proposed variance upon the health, safety and welfare of the community, existing and
anticipated traffic conditions, light and oir, 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
FI LE #16-3872
12 Oct 16
Page 3 of 4
to the individual property under consideration, and shall recommend approval only when it is
demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning
Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties
also include but are not limited to inadequate access to direct sunlight for solar energy systems.
Variances shall be granted for earth-sheltered construction as defined in Minn. Stat.§ 216C.06,
subd. 2, when in harmony with this chapter. The board or the council may not permit as a
variance any use that is not permitted under this chapter for property in the zone where the
affected person's land is located. The board or council may permit as a variance the temporary
use of a one-family dwelling as a two-family dwelling.
According to MN §462 .537 Subd . 6(2) variances shall only be permitted when:
1. The variance is in harmony with the general intent and purpose of the Ordinance. The
proposed variance will be in harmony with the intent of the Zoning Code as the
proposed structure will be screened from view from off the property by the topography
and vegetation that exists between the proposed structure, the neighbors, and Brown
Road.
2. The variance is consistent with the comprehensive plan . The accessory building is
residential in nature; and the variance would allow for the accessory building to be
located in a screened portion of the property.
3. The applicant establishes that there are practical difficulties.
a. The property owner proposes to use the property in a rea sonable manner not
permitted by the official controls; The location of the home is towards the very
rear of the property; an accessory building cannot feasibly be constructed to
meet the front setback. Construction of an accessory building in the proposed
location is consistent with OAS setbacks and is reasonable on this rural 2.5 acre
residential property.
b. There are circumstances unique to the property not created by the landowner;
The existing home on the property is approximately 220 feet from the front lot
line and ±50 feet from the rear lot line. Additionally, the location of the septic
sites and wetland on the property further restrict options. There are no
conforming locations to construct the accessory building; and
c. The variance will not alter the essential character of the locality. The accessory
building will not be visually obtrusive when viewed from off of the property. It
will appear as a barn, a typical rural residential structure, when viewed off site.
This condition is met.
Additionally City Code 78-123 provides additional parameters within which a variance may be
granted as follows:
4. The special conditions applying to the structure or land in question are peculiar to su ch
property or immediately adjoining property. The location of the home on the property
does not leave a conforming space to construct an accessory building. Additionally, the
location of the septic sites and wetland on the property further restrict options. There
are no conforming locations to construct the accessory building on the site. The
building may only be partially visible from the western neighbor.
5. The conditions do not apply generally to other land or structures in the district in which
the land is located . The location of the home, septic sites, and wetland create a unique
situation on the property.
6. The granting of the applicat ion is necessary for the preservation and enjoyment of a
substantial property right of the applicant. The property is permitted accessory
FILE #16-3872
12 Oct 16
Page 4 of 4
structures. The proposed structure meets all but the front setback due to the home
location. This criterion is met.
7. The granting of the proposed variance will not in any way impair health, safe t y, comfort
or morals, or in any other respect be co ntrary to the intent of this chapter. The accessory
building in the proposed location will not impair the health, safety, comfort or morals
of the public.
8 . The granting of such varia nce will not merely serve as a convenience to the applicant,
but is necessary to alleviate demonstrable difficulty. There are no conforming locations
to construct such an accessory building on the property; this criterion is met.
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
im pact created by the va riance . No variance shall be granted or change d beyond the use
permitted in this chapter in the district w here such l and is located.
Septic System Status
Staff ha s completed a preliminary review of the project for compatibility with the septic system,
and ha s requested additiona l information from the application in order to determine w hether
the project is likely to impact the existing or future septic sites. The atta ched letter from the
Building Official provides additional i nformation. All outstanding se ptic issues mu st be resolved
prior to the issuance of a building permit.
Practical Difficulties Statement
Applicant ha s completed the Practical Difficulties Documentation Form attached as Exh ibit B, and
shou ld be asked for additional testimony re garding the application .
Practical Difficulties Analysis
Staff finds that the location of the existing home, septic sites, and wetland/pond on the property
make locating a co nforming accessory structure, particularly an OAS in the size as perm itted,
difficult. The impact of a 1,200 sq uare foot "two story" barn will be mitigated by both the existing
wooded area s and the distance between the building and the homes on adj ac ent properties .
Public Comments
No public co mments ha ve been recei ve d.
Issues for Consideration
1. Do es the Planning Co mmiss ion find that that the property owner proposes to use the
property in a reasonable manner w hic h is not permitted by a n official control?
2 . Does the Planning Comm ission find that the v ariance(s), if granted, will not alter the
essential character of the neighborhood?
3. Do es the Commission find it necessa r y t o impose conditions in order to mitigate the
impacts created by the g ranting of the requested variance(s)?
4. Are there any other issues or concerns with this application?
Planning Staff Recommendation
Planning staff recommend s approva l of the variance in conjunction w ith the property owners
agree ing t o the OAS covena nts in the approva l resolution.
City of Orono
Variance Application
Street Address:
2750 Kelley Parkway
Orono, MN 55356
Main: 952-249-4600
fax: 952-249-4616
Mailing Address:
P.O. Box66
Cryatal Bay, MN 55323-0066
Application #
Date Received
Staff
Fee
Escrow#&$
Permit Fee
Notes
. Please complete. Applicant will be notified within 15 days as to the status of the application.
Incomplete applications will !!2! be placed on Planning Commission Agenda.
SITE LOCATION:
DESCRPTIO N OF REQUEST: AA e, b \y h, ~t2f1:!lg {9km 4\\f>bk«!-)
(attached additional sheets as necessary)
APPLI CANT / AG ENT I NFO RMATI ON:
Applicant ~ame: A» ¼ , @.q,v\.-.19"' LLC..
Phone (Pnmary): _,.t.:.s~2..'""'-~u<>w.1...J·"..,_t:i..:::.9;:__ ________________ _
Applicant Email: p.,}s 4 @, i:wiSi°"""'"' ·"°""
Address: .z:s:,."' L~'«. ... , t City: W~!o.
Applicant is: Co~tor Homeowner (Circle One)
ZIP: 55191
PROPERTY OWNER INFORMATION: □ check here if property owner is same as applicant
Name; Ttmo~~ M S1il\;v6'h ... --~ AM~ \<. ~•1h••"'
Phone (Primary):
Mailing Address: "4o a,...,.... u. s City: Oto00 ZIP: 55 ~',
Email:
APP LICANT/AGENT AND/O R OWN ER:
• •
Agree to provide all lnfonnation 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 eolely responsible for eubmltting a complete appllcatlon being aware that upon failure to
do s o, the staff has no alternative but to reject It until it Is complete or to recommend the request for denial of the
requnt regardleee of 118 potential merit.
•
•
•
•
Acknowledge the E&a'OW Agreement is completed and signed .
The Owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property
by City Staff, consultants, agents, Commission and Council Members for purposes of investigation and verification of this
request.
Owner and/or Appllcant acknowledge they must be present at all echeduled review meetings of the Planning
Commlsalon and Council. If an applicant and/or owner is unable to attend a scheduled meeting, please make
arrangements to have an authorized representative attend in place of the applicant/owner and advise the City Planner
assigned to your project.
Applicant/Agent Signature: u~=~=<:;i!;~;...:=:::,,,=::;;,,..,,::.._ _____ ,Date: K/2.'1 /lr,
Applicant/Agent Signature:
Property Owner Signature:
-~---...-..r.--eo ______ Date: _
1
_S""'_S_~--'2,,o-/_l.... __ _
-~~~'-1,,,l-_______ Date: --------'l'{"li,Jl;E..4C""'IE~1f\ojv-eo
Property Owner Signature: ______________ Date:
SEP 2 1 2016
Variance Application -May 2016
Page2 CllY OF ORONO
DATA PRIVACY ADVISORY
In accordance with Minneso ta State Statute 13.04 Rights of Subjects of Data, Subd. 2 , ''Tennessen warning", we
would like to inform you that your request for a permit or license from the C:ty of Orono or any of its departments
may require you to furn ish certain private or confidential information.
You are notified that:
1. The information you furnish will be used to determine your qualification for the permit or license
requested.
2 . You may refuse to supply data, but refusal may require that the City deny the permit or license.
3 . The information may be shared with other local, state or federal agencies to the extent necessary
to process the permit or license.
4 . If your requested permit or license requires Council action to approve, some information may
become public.
5 . You have certain rights under M i nnesota State Statute 13.04 {see following page) to review private
data on yourself.
6 . Your full name is required to process this application or permit.
First Middle Last
Address
MN 5S"39l
City State Zip
Signature
Variance Application -May 2016
Page 10 #3872
Phone
RECEIVED
SEP 2 1 2016
CITY OF ORONO
PRACTICAL DIFFICULTIES DOCUMENTATION FORM
This form is a required submittal for ALL variance applications. An application will not be co nsidered
complete or placed on any meeting agendas until this form is complete and submitted to the City .
Minnesota State Statutes Section 462.357 , Subdivision 6(2) requires that practical difficulties be demonstrated in
order for a variance to be granted. The difficulties must be unique to the property as variances run with the land
and not the land owner. Personal and economic situations are not considered valid practical diff,cu/ties. In order
for an application to be heard by the Planning Commission and City Council practical difficulties having merit must
be demonstrated .
HOW DO I PROVE A PRACTICAL DIFFICULTY?
This form has 12 points outlining the basis City staff uses to determine if practical difficulties exist and how the
variance will affect the surrounding community . To prove practical difficulties, address all the relevant points listed
below and answer them as clearly as possible.
Since you are requesting the code exception , you have the burden of proving that the variance is Justified.
The information the City receives is what is used in determin ing a denial or approval recommendation . If you leave
something out it will not be considered .
Please address each of the twelve practical difficulties criteria as they relate to the request, if they do not apply,
write NIA in the space provided:
1. "The property owner proposes to use the property in a reasonab le manner not permitted by the Zoning Chapter.•
Ro..<.,.., Ge-'\ \e. '9e.\.., ..... ~ busQ,
2. "The plight of the landowner is due to circumstances unique to his property not created by the landowner."
\\w<&, i'l MS~ o..\ \».<-'c. ~ropetb \-.:•,~ 1 <W-9~ \,,.~~ U>-M•\ \!r: 11½+u\ \e.k~
3. "The variance, if granted, will not alter the essential character of the locality.•
4. "Economic consi derations alo ne do not constitute practical difficulties if reasonable use for th e property exists
under the terms of the Zon ing Chapter.·
Rsbn.._\\t. Y½: o( ~J5¥1~ 0°'4 "'°~ <-'f:'•>~ I La.!)"'•\ Ii!\._ ~~,<l \,.,;~✓ ~I-,.""-\.,.,,r, •
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:
6. "The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not a llowed
under this Chapter for property in the zone where the affected person 's land is located :
Variance Application -May 2016
Page 4
RECEIVED
SEP 21 2016
CITY OF ORONO # 3872
7. "The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family
dwelling .•
wlA
8. "The special conditions applyi ng to the structure or land in question are peculiar to such property or immediately
adjoining property ."
us
9. "The conditions do not apply generally to other land or structures in the district in which said land is located."
1 o. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right
of the applicant.•
'Vt4 -,, "-Nl''....\;,~ i!. "',A ~""'~>.. , '5m C.0-v-N>~ k ~ .. 11\.
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 ."
~ l\ let\\) "°' ;D -~ wt,~ il'Ylf,.11 \,re,H\..I s.¥~ I c....de1\ I )»..<..\s o( ... ~ e~i....r IUf<:5{
12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to
alleviate demonstrable difficulty."
!.~ *"' @!....W. ' l,.i.-,_ wm I'# \.. ..,\It. h ~ ~ul\~
Practical Difficulties Statement .
Should you feel the practical difficulties cannot fully be described in the above criteria, describe the practical
difficulties preventing compliance with Zoning Ordinance requirements in the following lines (attach additional
sheets if necessary):
\ <b2<J Fo~ <; +
\-bs bv1\d.,"J M le+ hvlf-
Variance Application -May 2018
RECEiVED
SEP 2 1 2016
CllY OF ORONO
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D:'.CKG • 250 SF
Q;;C~R s 450 SF
FRWALK • 255 Sf
P:.TOWK • 275 S<
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DRIVE • 500 SF
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PC Exhibit E
City Code Excerpts
Sec . 58-50. -More restrictive design and construction standards .
All ISTS permit applications, site evaluations, design specifications, construction methods, and
material specifications shall meet the parts of Minnesota Rules chapter 7080 adopted by reference in
section 58-43 with the following additional minimum standards:
(1) Site evaluation. The site evaluation report shall include the following:
a. Soil borings. At least three so il borings shall be completed for each new drainfield site
designed. Each soil boring must be located within the drainfield site or within close
proximity along similar contours such that similar soi l conditions are likely. For additions to
an ISTS, at least one soil boring shall be made in the expansion area.
b. Percolation tests. At least two percolation tests shall be completed for each new drainfield
site designed. Each percolation test must be located within the drainfield site or within
close proximity along similar contours such that similar soil conditions are likely. For
additions to existing ISTS's, at least one percolation test shall be completed in the expansion
area.
c. Plot plan. A scale drawing of the entire lot showing the following:
1. All property lines and lot dimensions.
2. All existing and proposed structures.
3. All existing or proposed well locations, or water supply piping.
4. Relative elevations of house, lot corners and drainfield areas.
5. Slope of ground at drainfield sites by co ntour lines or direction arrows and slope
percentages.
6. Location of all percolation test holes and soil borings with identifying symbols and
relative ground elevations of each.
7. Primary and alternate drainfield areas identified.
8. Distance from primary and alternate drainfield areas to property lines, well locations,
and any lake, stream, marsh or drainage channel within 75 feet of any part of the
system.
(2) ISTS design. ISTS design specifications shall include proposed flows or other sizing information,
minimum sewage tank capacity, minimum soil treatment area requirements, a plan of the
component layout, and all other information necessary to assure the city that the ISTS is
designed and will be constructed to receive, treat and dispose of all of the sewage from the
building served. Footing or roof drainage, water softener recharge water, garage floor drainage,
toxic chemicals, flammable liquid s, animal wastes, commercial process water and commercial
kitchen grease shall not enter any portion of the ISTS but shall be separately treated and
disposed of according to the applicable regulation s of the MPCA, the state board of hea lth and
the city.
a. Setbacks. The minimum setback distance requirements are as follows:
Page 1
Sewage Soil
Feature Tank Treatment
~ (feet) Area
Water supply well: J I
Deep well 50 1-50 J I
Shallow well ,-50 T 100 j
---
Wetland 50 50 J
Lake: J --,--
General development 75 75
---r-
Recreational development 75 75
Natural environment 150 150
Tributari es, streams
--, -
75 75
,--
Driveways, sidewalks, decks and other hardcover 10 10 7 Property lines, buildings and buried pipes 10 T 20
I -r-
r Lawn sprinkler systems 10 10 J ----
b. Sewage tanks. The minimum sewage tank size requirements are as follows:
.---
Number of
Bedrooms
I ,-----
4or l ess 7
5 or 6
7, 8 or 9
Tank's Liquid Capacities
(gallons) _____ J
1,000 + 1,000 regardless of garbage disposa l us e
1,250 + 1,000 regardle ss of garbage disposal use
1,500 + 1,500 regardless of garbage disposal use
_I
I
I
Page 2
10 or more Sewage tanks shall be sized as other establishments per Minnesota Rules
chapter 7080.
c. Pumping stations. In order to standardize installation and electrical connection methods,
the following pumping station requirements must be met in addition to Minnesota Rules
chapter 7080:
1 . Electrical connection.
i. A watertight, lockable electrical box must be mounted on a four-inch-by-four-inch
treated redwood or cedar post.
ii. All electrical connections shall be made within the box. Pump connection must
not be made using a direct line (plug-in only). Wire entry to the electrical box shall
be sealed with a watertight material such as foam or putty.
iii. Alarm and pump floats shall be on separate electrical circuits.
iv. Electrical wire from the power supply must not run over any tanks but must be
laid beside the tanks and placed in conduit along the electrical post.
v. Electrical cords from the pump and floats must be run through a two-inch PVC (or
equivalent) conduit (schedule 80) with a one-inch gap between the conduit and
the electrical box. Electrical cords must not run through or under the manhole
cover. Wires must not have ground contact.
2. Pumping chamber.
i. Pressure pipe exiting the pumping chamber must be laid on a uniform slope up
to the soil treatment area for proper drain back. The pressure pipe must be
sleeved inside a larger diameter pipe for additional support if spanning ground
that has been excavated. If the pipe at the tank must be lower than union to get
elevation for drain back, a one-quarter-inch weep hole must be used.
ii. When the soil depth above the pressure distribution pipe is less than 3½ feet,
insulation must be added to achieve an insulating factor equal to 3½ feet of soil
to decrease the potential for freezing (Styrofoam or concentric piping are
acceptable methods). Piping under hardcover, such as tennis courts or driveways,
shall be insulated pipe or equivalent.
iii. A reserve capacity equaling 75 percent of the anticipated daily flow must be
allowed in the pumping chamber between the alarm activation level and the
pump tank inlet.
d. Drainfields.
l. Trenches. Trenches must meet Minnesota Rules chapter 7080.
2. Mounds and at-grades. Mounds and at-grades must meet specifications per
Minnesota Rules chapter 7080.
(3) Compliance standards.
a. A new system shall be located, designed and constructed as a code system .
Page 3
b. When an existing code system is repaired or expanded, such ISTS shall remain a code
system. Compliant systems, when repaired, shall be upgraded to a code system status
whenever such classification is reasonably attainable.
(4) Construction procedures.
a. Protection of drainfie/d area. Proposed drainfield areas shall be identified and marked off
on the lot at the time of the site evaluation and prior to any construction or grading
occurring in the area. The drainfield area sha ll remain undisturbed until drainfield
construction is commenced. No vehicular traffic shall be allowed in the drainfield area
either before or after drainfield installation.
b. Favorable weather required. Ora infield area or trench construction must not proceed if the
area is wet or has had rain within 48 hours. Mound or trench construction shall not proceed
unless the so il moisture content is below the plastic limit.
c. Construction inspection required. The contractor issued a permit for ISTS construction shall
perform all work according to the design specifications approved by the city for each
particular ISTS. All subsurface work, including building sewer, sewage tanks, distribution
system and soi l treatment area shall be inspected by the city inspector prior to backfilling
or covering of any portion thereof. It shall be the responsibility of the contractor to notify
the city at least 24 hours prior to the time an inspection will be requ ired, and it shall be the
responsibility of the contractor to ensure that the inspection is accomplished and the
construction is approved prior to any backfilling, covering or continuation of the
construction.
(Code 1984, § 12.30(5); Ord. No. 100 2nd series,§ 4, 2-10-1992; Ord. No. 147 2nd series,§§ 11 -15, 5-
13-1996; Ord. No. 199 2nd series,§ 1(12.30(5)), 5-8-2000; Ord. No. 38 3rd series,§ 1, 9-24-2007)
Sec. 78-420. -Area, height, lot width and yard requ irements.
(a) Height. No structure or building in the RR-18 district shall exceed 2½ stories and sha ll not exceed 30
feet in height except as provided in section 78-1366.
(b) Lots . The following minimum requirements shall be observed:
--, ---r Side
Side Yard Rear Lot Lot Front
Area Width Yard Yard
Adjacent
Yard
(feet) (feet) (feet)
to Street (feet) (acres) ' (feet)
I --i----
-~
2 200 50 30 50
Sec. 78 -1434. -Area restrictions.
In all R districts, no accessory building shall exceed 1,000 square feet of footprint area; except that
accessory structures in excess of 1,000 square feet will be allowed under the following conditions:
(1) Not more than one oversized accessory structure (OAS) shall be permitted on any property. An
oversized accessory structure is defined as an accessory structure of footprint a rea in excess of
1,000 square feet, except that the following non roofed accessory structures which exceed 1,000
Page4
square feet footprint area are not cons idered as oversize accessory structures, but are subject
to the special setback restrictions of section 78-1404.
a. Tennis courts and sport courts.
b. Pools, when pool basin structure (excluding nonencroachment-type patios) is greater than
1,000 square feet .
c. Paddocks or arenas.
(2) Oversized accessory structures are regulated by the following table:
Maximum
Maximum Allowed Total
Individual of All Accessory
Lot Area Accessory Structure
(acres) Structure Footprint
Footprint Area Areas* on
(square feet) a Property
(square feet)
0-1.99 1,000 2,000
,----
2.00-3.00 1,200 2,400
,-----------
3.01-3.50 1,400 2,800
.------
3 .51-4.00 1,600 3 ,200
r ----J
4 .01 -4.50 1,800 3,600
r-
4.51-5.00 2,000 4,000
5 .01 -6.00 2,200 4,400
r-.+-----
6 .01-7.00
I
2,400 4,800
J
7.01-8.00
f
2,600 5,200 I
!
" 8.01-9.00 2,800 5,600
----r ----
9.01 or more 3,000 6,000
* Excluding nonroofed tennis courts, sport courts, pools, paddocks, arena s.
Page 5
(3) Any oversize accessory structure shall be subject to the following conditions :
a. No such accessory structure shall be located within a required yard area (principal structure
setbacks must be met). Further, no such structure shall be nearer the front lot line than the
front line of the principal residence on the property, and no such accessory structure shall
be located less than 30 feet from the side or rear lot line regardless whether less strict
principal structure setbacks apply.
b. The maximum height for such accessory structure shall be 30 feet or the defined height of
the principa l residence structure on the property, whichever is less.
c. Such structure shall be allowed only when the property owner agrees and covenants in
writing with the city as follows:
l. No future subdivision will be approved that places the structure within a lot that has
no principal structure, except that the city in its subdivision approval may grant a finite
time period in which the oversized accessory structure may remain without a principal
structure, in order that a principal structure may be constructed. At the end of this
time period, the oversized accessory structure must be removed if no principal
structure has been constructed.
2. If the property is subdivided, the oversize accessory structure and principal structure
will be located together within a lot that meets the minimum lot area requirement for
the given size of accessory bui lding.
3. In subdivision approval, the setback required for the oversize accessory structure shall
remain.
Such covenant shall be binding on current and future property owners and shall be filed in
the chain of t itle of the property.
(Code 1984, § 10.03(9)((); Ord. No. 106 3rd series,§ 24, 6-10-2013)
Sec. 78-1435. -Location .
Except as may be specifically provided, no detached garage or other accessory building sha ll be
located nearer to the front or street lot line than the principal building on that lot. Detached garages or
other accessory buildings on lots which have frontage on a lake may be located between the rear yards of
suc h lots and the principal building only if setback requirements of section 78-305(b), section 78-330(b)
and section 78-350(b) are met. Exception: Detached garages on lots that have frontage on a lake may be
loca ted ten feet from the street or rear lot line when doors face away from the street and an adequate
vehicle turna round is provided on the site. This section shall not apply to lakeshore lots that are divided
by streets or private roads or are corner lots.
(Code 1984, § 10.03{9)(D); Ord. No. 52 3rd series,§ 2, 11-24-2008; Ord. No . 106 3rd series,§ 25, 6-10-
2013)
Sec. 78-1438. -Crowding principal building.
No accessory building, un less an integral part of the principal building, sha ll be erected, altered or
moved within ten feet of the principal building, nor within ten feet of another accessory building.
(Code 1984, § 10.03(12); Ord. No. 165 3rd series,§ 1, 3-14-2016)
Page 6
Sec. 78-1439. -Garages.
Accessory buildings which are for the storage of automobiles shall have the doors 30 feet or more
from the property line when the doors face on a public alley or street.
(Code 1984, § 10.03(13))
Sec. 78-1605. -Wetland buffer areas and setbacks.
(a) This subsection establishes authority for wetland buffer areas around protected wetlands . Buffer
areas are necessary and beneficial to maintain the health of wetlands . Buffer areas protect the edge
of wetlands from erosion while filtering sediment, chemicals and other nutrients from runoff that
drains into wetlands. Buffer areas can improve the biological diversity and health of a wetland
environment while reducing the adverse impacts of human activities.
(b) All wetlands within the City of Orono are within the Minnehaha Creek Watershed District (MCWD),
which has rules and regulations for the establishment and maintenance of wetland buffers. In an
effort to avoid overlapping or conflicting regulations, the city defers jurisdiction for the establishment
and maintenance of wetland buffers to the Minnehaha Creek Watershed District. If application of
MCWD buffer regulations is in conflict with city regulations, the more restrictive requirements shall
apply.
(c) In order to provide for a minimum level of wetland protection where Minnehaha Creek Watershed
District buffer rules do not provide for adequate separation between wetlands and buildings or other
structures or surfaces, the city shall require setbacks from the delineated edge of a protected wetland
as follows:
Where no formal buffer exists and
where MCWD does not require a
buffer
Where a formal buffer exists or
where MCWD buffer is required
Minimum distance setback from delineated edge of wetland to any
building (principal or accessory) or other structure, hardcover,
septic systems or wells:
-------
35 feet
35 feet or established buffer width plus 10 feet, whichever is J
greater
Areas within the required setback area subject to filling, grading or excavation as part of a construction
project shall be revegetated immediately upon completion of such earthwork. Setbacks must be verified
with wetland delineation information. The determination of whether a Level 1 delineation or Level 2
delineation is required shall be at the discretion of the planning director. Level 2 delineation information
shall be provided on a certified certificate of survey. The requirement for delineation shall be applied in
cases where the wetland exists within 150 feet of the proposed project.
(d) The City of Orono has established wetland protection strategies in the Orono Surface Water
Management Plan (SWMP) (January 2011). A protection classification ha s been assigned to each
wetland in Orono ba se d on the stormwater susceptibility and functional assessment for each
Page 7
r
wetland. The city has also established additional protection requirements for each classification. The
four protection classifications are described as follows:
I
Protection Susceptibility
Additional Protection
Requirements
Classification Rating
Description
(B =Bounce= Change in
water level due to runoff
event)
"Preserve"
Highly
Susceptible
1 Highly susceptible to both quantity and quality
impacts from runoff; have the highest degree
of protection
(P = Phosphorus)
B: Maintain bounce at or
below existing
conditions
P: Limit loadings to
predevelopment loading 1
(0.14 Lbs/Ac/Yr)
I
l B: Maintain bounce at or
1
"Manage 1 "
"Manage 2"
I
Moderately
Susceptible
Slightly
Susceptible
Moderately susceptible to quantity and
quality impacts; protection is less stringent
than Preserve, provides protection to
maintain their characteristics
Less stringent protection than Manage 1
wetlands; maintenance of characteristics is
desirable
-, Wetlands are significantly degraded (e.g.,
"Manage 3"
Least
Susceptible
_ _J_
cu ltivated or canary grass monotype) or lack
of wetland characteristics; not typically
impacted by runoff; no quantity and only
1 limited quality treatment of runoff is required
_I
below existing I
conditions plus 0.5 foot
P: Limit loadings to
predevelopment
loadings times 2 (0.28
Lbs/Ac/Yr)
B: Maintain bounce at or
below existing
conditions plus 1.0 foot
P: Limit concentration to
predevelopment
concentrations (200
ppb)
B: No quantity
requirement
P: Limit concentration to
225 ppb
_J
The protection classification for each wetland will be found on the "Wetland Management Classification
Map & List" which is hereby adopted by reference, a copy of which shall be kept on file in the office of
the city clerk and shall be available for public review during all normal office hours. The Minnehaha
Creek Watershed District required buffer area widths are based on the four protection clas sifications.
Page 8
(Ord. No. 28 3rd series,§ 1, 8-22-2005; Ord. No. 103 3rd series,§ 2, 5-28-2013)
Page 9
,. -
RUN DATE: 09/09/2016 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM (PROPERTY OWNERS LIST) PAGE:1
38 03·1 I 7•23 13 0003
LONGRlDGE ASSOCIATES
38 ADDRESS UNASSIGNED
ORONO MN 00000
LONGRIDGE ASSOCIATES
PO BOX5628
MPLS MN 55440·5628
38 03.117.23 !4 0001
LONGRIDGE ASSOCIATES
38 ADDRESS UNASSIGNED
ORONO MN 00000
LONGRIDGE ASSOCIATES
PO BOX 5628
MPLS MN 55440--5628
38 0J.117•23 41 0006
LONGRIDGE ASSOCIATES
38 ADDRESS l,'NASSIGNED
ORONO MN 00000
LONGRIDGE ASSOCIATES
C/0 ROBERT J THE:LER
PO BOX 5628
MINNEAPOLIS MN 55440.5628
38 03·117•23 41 0007
CRAIGBANK HOLDINGS LLC
1700 FOX ST
ORONO MN 55391
CRAIGBANK HOLD!NGS LLC
15407 MCG!NTY RD W
WAYZATA MN 5539!
38 03.f 17.23 42 001 !
E W BREHM lII & K H BREHM
430 BROWN RDS
ORONO MN 55391
KRISTEN & EDWARD W BREHM
430 BROWN RDS
WAYZATA MN 5539i
38 03·117-23 42 0012
TM SULLIVAN/AMY K SU LU VAN
440 BROWN RD S
ORONO MN 55391
TIMOTHY M SULLIVAN
AMY KSULL!VAN
440 BROWN RDS
WAYZATAMN 55391
38 03·117•23 420013
JOHN B & LlNDA F MASSOPUST
38 ADDRESS UNASSIGNED
ORONO MN 00000
JOP.N B & LINDA f MASSOPUST
500 WASHINGTON A VE SO
SUITE 4000
MINNEAPOLiS MN 55415
38 03•117-23 42 0014
JOHN B & LINDA f MASSOPUST
38 A DDRESS UNASSIGNED
ORONO MN 00000
JOHN B & UNDA F MASSOPUST
500 WASHINGTON AVES
SUITE4000
MINNEAPOLIS MN 55415
38 03-117•23 42 0015
STEVEN D & DEBORAH W BLUM
1880FOX ST
ORONO MN 55391
STEVEN D & DEBORAH W BLUM
1880fOX ST
WAYZATA MN 55391
38 03.11 7.23 42 0016
MICHAEL J & JENNIFER JOLSON
1860FOXS7
ORONO MN 55391
MICHAEL JOLSON
JENNIFER JOLSON
18 60FOXST
WAYZATA MN 55391
RECEIVED
SEP 2 1 2016
___ CITY OF ORONO
#3872
Hennepin County has developed electronic forms of cenain property infonnation databases. Hennepin County mues reasonable efforts to produce
and publish the most current property information available. The viewer should Ullderstand, however, that Hennepi n County makes no
rcprcscntation or warranties, either expn:ss OT implied, OT as to merchantability or fitness for a particular purpose regarding the accuracy
and/or completeness of the infonnation contained herein.
RECEIVED
SEP 2 1 2015
CllY OF ORONO
# 3872
.,C Bttl ~ T q
~·· Hen nepin Coun ty Locate & Noti fy Map
Prov,ded By ResIden1 an d Real Es tate Services Da te 9/9/2016
03-117-23-12 03-117-23-11
03-117-23-13 03 -117-23-1 4
✓---~-----1 ·----................ Ol,-t ~-13 \ol-117-23-14
\
\
l
\
\
r::~====:2'.::·~~~ ~-~7 ~---1 )
03-117!~2 1 ! ) 0 -117-23-41
~----~---/
03-117-23-4
03-117-23-43
Buffer Si ze : 350 feet
Map Comments:
0311723420012
T 11A SUU.IVAN/AMY K SULLIVAN
«o Brown Road South
Orono,
MN 55391
RECEIVED
SEP 2 1 2016
CITY OF ORONO
03-117-23-44
0 120 240 480 ft
I I I I I I I I
For more information contad:
Hennepin County GIS Office
300 6th street South
Minneapolis, MN 55487
gis.info@hennepin.us
# 3872
Melanie Curtis
From: Roger Peitso
Sent
To :
Thursday, October 13, 2016 8:53 AM
Melanie Curtis
Subject RE: 440 Brown Road S / #16-3872
Melanie,
The septic system is currently compliant to toc!ay's standards and was last inspected in 2008. P~r City of Orono Code Sec .
58-47 an alternate site shall be identifi~d and approved by the City before a permit for this project can be issued . Also,
all of the septic tanks need to be identified and verify the location of the 4 n supply line from the septic tanks to the
pump tank. They locations of the tanks should be reflected on the current su~ey. If the supply line is going to be under
the proposed driveway for the accessory structure it will need to be insulc:ted. If the supply line Is going to be under the
new building it will need to be moved. Whatever the findin3s are any corrections need to be designed by a licensed
septic desigP-er and a permit will be required for the alteration of the septic system.
Roger Peltso
Building Official
City of Orono
Phone: 952-249-4600
Direct: 952-249-4625
Email: rpeitso@ci.orono.mn .us
Fax: 952-249-4616
From: Melanie Curtis
Sent: Wednesday, October 12, 2016 9 :39 AM
To: Roger Peitso <rpeitso@ci.orono.mn.uS>
Subject: RE: 440 Brown Road S / #16-3872
Have you had a chance to review this??
Melanie CUrtis
If 952.249.4627 B mcurtts@d .crono.mn.us
From: Melanie Curtis
Sent: Tuesday, September 27, 2016 10:00 AM
To: Roger Pei tso <rpeitso@ci.orono.mn.us>
Subject: 440 Brown Road S / #16-3872
1
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NOTICE OF PLANNING COMMISSION ACTION
CITY OF ORONO
2750 Kelley Parkway
PO Box 66
Crystal Bay, MN 55323
952.249.4620
TO: Alex Lang, Revision LLC
153 Lake Street E
Wayzata, MN 55391
TYPE OF REQUEST: Variance
DATE OF MEETING: 17 October 2106
ZONING FILE: #16-3872
DATE OF NOTICE: 18 Oct 2016
COPIES Alex Lang
Via John Daly
email: Tim & Amy Sullivan
The Orono Planning Commission voted on a motion to recommend approval consistent with the staff
recommendation requiring OAS covenants.
Please note: Resolution of the outstanding septic questions/issues will be required prior to issuance of
a building permit for the building.
VOTE: 5 FOR 0 AGAINST
Applicant's next meeting is tentatively scheduled as: Monday, November 14, 2016
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 Melanie Curtis at mcurtis@ci.orono.mn.us or 952.249.4627.
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
~onday, October 17, 2016
6:30 o'clock p.m.
prop owne s agreeing to
wit m the app oval reso ion and submittal f add' ·
TE: Ayes 5
6. #16-3872 REVISION, LLC, ON BEHALF OF TIMOTHY AND AMY SULLIVAN 440
BROWN ROAD SOUTH, VARIAN CE, 6:50 P.M. -6:55 P .M.
Alex Lang with Revision, LLC, and Timothy and Amy Sullivan, Applicants , were present.
Curtis stated the applicants are the new owners of the property and wish to construct a l ,200 square foot
detached accessory building which will resemble a barn in appearance. The building is proposed to be set
back approximately 175 feet from the front lot line. The home is set back approximately 220 feet. All
other setbacks and zoning requirements will be met. Due to the location of the building to the house, a
setback variance is required.
The two and a half acre property is allowed to have a maximum accessory structure of l ,200 square feet.
Oversized accessory structure covenants w ould be required.
The building official has completed his review of the septic system fo r thi s project and has also requested
additional information from the applicants to make his final determination . Hi s comments have been
included in the Planning Commission packet. Any outstanding septic issues must be resolved prior to
issuance of the building permit.
Staff has provided an analysis of the practical difficulties within the Staff report. The applicant has
completed the practical difficulties analysis form and the Planning Commission may ask for additional
testimony regarding this application or discuss the practical difficulty criteria.
Staff finds that the location of the existing home, septic sites, and wetland/pond on the property make
locating a conforming accessory structure, particularly an OAS in the size as permitted, difficult. The
impact of a 1,200 square foot two-story barn will be mitigated by both the existing wooded areas and the
separation between the barn building and the homes on adjacent properties.
No public comments have been received regarding this application.
Planning Staff recommends approval of the variance subject to the property owners agreeing with the
oversize accessory covenants.
The Planning Commission had no ques tions for Staff.
Timothy Sullivan, Applicant, stated he could answer any questions .
Chair Thiesse opened the public hearing at 6 :53 p.m.
There were no public comment s regarding this application .
Chair Thiesse closed the public h earing at 6:53 p .m .
Page 5 of 19
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday, October 17, 2016
6:30 o'clock p.m.
Lemke asked if the applicant has spoken with the neighbors.
Amy Sullivan indicated they have and that no one had any objection.
Lemke commented the building makes sense.
Leskinen stated in her view it meets the practical difficulty criteria as outlined in Staff's report. Leskinen
stated given the deep setback of the house, there really is no other place to locate the structure.
Thiesse noted all the other zoning requirements are met.
Schoenzeit stated the proposal seems reasonable.
Schwingler moved, Schoenzeit seconded, to recommend approval of Application No. 16-3872,
Revision, LLC, on behalf of Timothy and Amy Sullivan, 440 Brown Road South, granting of a
variance subject to the property owners agreeing to the oversized accessory structure covenants
that will be contained within the approval resolution and septic information being submitted.
VOTE: Ayes 5, Nays 0.
#16-3873 RYAN AND NATALIE BLACKWELL, 80 SMITH AVENUE, Vn..a~~
.M. -7:01 P.M.
an Blackwell, Applicants, were present.
Curtis stated the ap · ants ' home is situated as close as 17.8 feet to the fro ot line, which is Smith
Avenue, 11.8 feet from north side lot line, approximately 90 feet fro yman Avenue on the side, and
over 200 feet from the rear ine. The majority of the home is none forming with respect to the front
and si de yard setbacks , althougli e house as it is could be legally r uilt in kind in its current location.
The applicants are proposing to constru footprint and second oor additions to the existing home which
will allow for additional bedrooms and liv1 space. The aP. icants are proposing a 12-foot extension
towards the street resulting in a 22 .3 foot setba as well expansion of the garage 11 feet also within
the front 50-foot setback. With the exception oft 15 ' 19 ' master bedroom at the rear of the hou se, the
entire home is located within the 50-foot setback. T roposed expansions of the second story over the
existing home and proposed additional both requi fron nd side yard setback variances. In addition,
two new rear decks are proposed, with varianc being requ · d.
Staff has provided an analysis of the prac ·cal difficulties within t Staff report and the Planning
Commission may ask for additional te mony regarding this applicat or discuss the practical difficulty
criteria.
received regarding this project.
Staff find s that the nonconfi · ng location of the house resulting in limited to no ans ion opportunities
on a nearly one acre proµ, y constitutes a practical difficulty with respect to making
or changing the footpr' t. The variances are supported by practical difficulties and Staf
approval of the vari ces as requested.
01nmission had no questions for Staff.
Page 6 of 19
Date Application Received: 09/21/16
Date Application Considered as Complete: 09/21/16
60-Day Review Period Expires: 11/20/16
To:
From:
Date:
Chair Thiesse and Planning Commission Members
Jessica Loftus, City Administrator
Melanie Curtis, Planner l'Y\CC
12 October 2016
Item 6
Subject: #16-3872, Revision LLC, o/b/o Timothy & Amy Sullivan, 440 Brown Road S,
Variance
Public Hearing
Application Summary: The applicant is requesting a variance to permit construction of a 1,200
square foot accessory building (OAS) closer to the street than the principal structure.
Staff Recommendation: Planning Department Staff recommends approval subject to the OAS
covenant.
List of Exhibits
Exhibit A.
Exhibit B.
Exhibit C.
Exhibit D.
Exhibit E.
Exhibit F.
Exhibit G.
Exhibit H.
Exhibit I.
Background
Application
Practical Difficulties Documentation Form
Proposed Survey/Site Plan
Proposed Plans and Elevations
City Code Excerpts
Property Owners List
Plat Map
Septic preliminary analysis
Aerial Photos -Staff
The applicants are new owners of the property and wish to construct a 1,200 square foot
detached accessory building which will resemble a barn in appearance. The building is proposed
to be set back approximately 175 feet from the front lot line; the home is set back
approximately 220 feet. All other setbacks and zoning requirements will be met.
LOT ANALYSIS WORKSHEET
Section 78-420. 78-1434, 78-1435, 78-1438 -Setbacks:
RR-1B Required Existing
Front 50' Home 220'
Rear 50' Home ±55'
North Side 30' Home 28.6'
East Side 30' Home 40.7'
West Side 30' Home ±220'
South Side 30' Home ±340'
Wetland 35' Home 34.5'
Separation between 10' n/a buildings
Section 78-420 -lot Area/Width·
RR -1B Lot Area Lot Width
Requ ired 87 ,120 s.f. (2.0 acres) 200'
Proposed
FILE #16-3872
12 Oct 16
Page 2 of 4
Home 220'
Barn 175'
Home ±55'
Barn ±160'
Home 28.6'
Barn 30'
Home 40.7'
Barn 170'
Home ±220'
Barn 132'
Home ±340'
Barn ±365'
Home 34.5'
Barn 151'
Hou se to Barn = 36'
Actual 102,550 s.f. (2.5 acres) 100' @ cul-de-sac/+300@ 50' setback
Section 78-1403-Structural Coverage:
The property exceeds 1.99 acre s in area therefore structural coverage limits do not apply.
Section 78-1434 -OAS (Area Restrictions):
The property is 2 .5 acre s in area . A si ngle oversized accessory structure (OAS) up t o a 1,200
square foot footprint is permitted .
Section 78-1680 and 78-1700 -Hardcover Calculations:
The property is exempt from the Stormwater Quality Overlay Di strict ha rdcover limitations.
Applicable Regulations:
Setback Variance (Sect ions 78-1434 & 78-1435)
The applicants are proposing to construct an OAS closer to the street than the principal
structure. A variance is required .
Governing Regulation: Variance (Section 78-123}
In reviewing applications for variance, the Planning Commission shall consider the effect of the
proposed varian ce upon the health, safety and welfare of the community, existing and
anticipate d traffic conditions, light and air, danger of fire, risk to the public s afety, and the effect
on values of property in t h e s urrounding area. The Planning Commission s hall co nsider
re co mmending approval for variances from the literal provis ion s of the Zo ning Co d e in in stances
where their strict enforcement would cause practical difficu lties b ecause of circumstances unique
FI LE #1 6-3872
12 Oct 16
Page 3 of 4
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 Zon i ng
Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties
also include but are not limited to inadequate access to direct sunlight for solar energy systems .
Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06,
subd. 2, when in harmony with this chapter. The board or the council may not permit as a
variance any use that is not permitted under this chapter for property in the zone where the
affected person's land is located . The board or council may permit as a variance the temporary
use of a one-family dwelling as a two-family dwelling.
According to MN §462.537 Subd . 6(2) variances shall only be permitted when :
1. The variance is in harmony with the general intent and purpose of the Ordinance . The
proposed variance will be in harmony with the intent of the Zoning Code as the
proposed structure will be screened from view from off the property by the topography
and vegetation that exists between the proposed structure, the neighbors, and Brown
Road.
2 . The variance is consistent with the comprehensive plan . The accessory building is
residential in nature; and the variance would allow for the accessory building to be
located in a screened portion of the property.
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 location of the home is towards the very
rear of the property; an accessory building cannot feasibly be constructed to
meet the front setback. Construction of an accessory building in the proposed
location is consistent with OAS setbacks and is reasonable on this rural 2.5 acre
residential property.
b. There are circumstances unique to the property not created by the landowner;
The existing home on the property is approximately 220 feet from the front lot
line and ±50 feet from the rear lot line. Additionally, the location of the septic
sites and wetland on the property further restrict options. There are no
conforming locations to construct the accessory building; and
c . The variance will not alter the essential character of the locality. The accessory
building will not be visually obtrusive when viewed from off of the property. It
will appear as a barn, a typical rural residential structure, when viewed off site.
This condition is met.
Additionally City Code 78-123 provides additional parameters within which a variance may be
granted as follows:
4. The special conditions applying to the structure or land in question are peculiar to such
property or immediately adjoining property. The location of the home on the property
does not leave a conforming space to construct an accessory building. Additionally, the
location of the septic sites and wetland on the property further restrict options. There
are no conforming locations to construct the accessory building on the site. The
building may only be partially visible from the western neighbor.
5 . The conditions do not apply generally to other land or structures in the district in which
the land is located. The location of the home, septic sites, and wetland create a unique
situation on the property.
6 . The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant . The property is permitted accessory
FILE #16-3872
12 Oct 16
Page 4 of 4
structures. The proposed structure meets all but the front setback due to the home
location. This criterion is met.
7. The granting of the proposed variance will not in any way impair health, safety, comfort
or morals, or in any other respect be contrary to the intent of this chapter. The accessory
building in the proposed location will not impair the health, safety, comfort or morals
of the public.
8. The granting of such variance will not merely se rve as a convenience to the applicant,
but is necessary to alleviate demonstrable difficulty. There are no conforming locations
to construct such an accessory building on the property; this criterion is met.
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 create d by the variance . No variance shall be granted or changed beyond the use
permitted in this chapter in the district where such land is located.
Septic System Status
Staff has comp leted a preliminary review of the project for compatibility with the sep tic system,
and has requested additional information from the application in order to determine whether
the project is likely to impact the existing or fut ure septic sites. The attached letter from the
Building Official provides additional information. All outstanding sep tic issues must be resolved
prior to the issuance of a building permit.
Practical Difficulties Statement
Applicant ha s completed the Practical Difficulties Documentation Form attached as Exhibit B, and
sho uld be asked for additional testimony regarding the application.
Practical Difficulties Analysis
Staff finds that the location of the existing home, septic si tes, and wetland/pond on the property
make locating a conforming accessory structu re, particularly an OAS in the size as permitted,
difficult. The impact of a 1,200 square foot "two story" barn will be mitigated by both the exis ting
wooded areas and the distance between the building and the homes on adjacent properties.
Public Comments
No public commen ts have been received .
Issues for Consideration
1. Does the Planning Commission find that that the property owner proposes to use the
property i n a reasonable manner which is not permitted by an official con trol?
2. Does the Planning Commission find that the variance(s), if granted, will not alter th e
essential character of the neighborhood?
3. Does the Commission find it necessary to impose co nditions in order to mitigate the
impacts created by the granting of the requested variance(s)?
4. Are there any other issues o r concerns with this application?
Planning Staff Recommendation
Planning staff recommends approval of the variance in conju nction with the property owners
agreeing to the OAS covenants in the approva l resolution.
City of Orono
Variance Application
Street Address:
2750 Kelley Parkway
Orono, MN 55356
Main : 952-24!M800
fax: 952-24~16
Mailing Addnlss:
P .O. Box66
Crystal Bay, MN 55323-0066
Application #
Date Rece ived
Staff
Fee
Escrow#&$
Permit Fee
Notes
Please complete. Applicant will be notified within 15 days as to the status of the application.
Incomplete applications will !!2! be placed on Planning Commission Agenda.
SITE LOCATION:
DESCRPTION OF REQUEST: $.\ • &lh b, fl,-9t"¢'½3 {fk»s p,\}f>bkcl-)
(attached additional sheets as necessary)
APPLICANT/ AGENT INFORMATION:
Applicant Name: A'«ic ~ , P-~,..,,o...._ LLl-
Phone (Primary): _,"'""s""'z.=--c.=9 .... 1~-"'--'~'--9 __________________ _
Applicant Email: o-lc,x ~ I:tWiSitk ,.., ... ,t..,:r,,,..
Address: ~.., Lc...',tc. '\'\-t City: W~:z,...Jo,,
A pplicant is: Co~or Homeowner (Cir c le O ne)
ZIP: S 1fH1
PROPERTY OWNER INFORMATION: D check here if property owner is same as applicant
Name: Iixn,~ "" S11l\'lllf>.b .... ._~ Aw-.~ \<. <;~n, ... ...,.
Phone (Primary):
Mailing Address: Lft.to e,""'..... n $ City: otR()p ZIP : 55~'!11
Email:
APPLICANT/AGENT AND/OR OWNER:
• Agree to provide all Information required or requested by the Planning Department,
• Agree to pay additional fees (staff time not covered in the original fee payment) and/or consultant expenses incurred in
review of this application, and
• Certify that the information supplied is true and correct to the best of his/her knowledge. The applicant and owner
recognize that they are solely responsible for submitting a complete application being aware that upon failure to
do so, the staff has no altematlve but to reject It until it Is complete or to recommend the request for denial of the
request regardlGN of Its potential meril
• Acknowledge the Esaow Agreement is completed and signed .
• The Owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property
by City Staff, consultants, agents, Comm ission and Council Members for purposes of investigation and verification of this
request.
• Owner and/or Applicant acknowledge they must be present at all scheduled review meetings of the Planning
Comm ission and Council. If an applicant and/or owner is unable to attend a scheduled meeting , please make
arrangements to have an authorized representative attend in place of the applicant/owner and advise the City Planner
assigned to your project.
Applicant/Agent Signature: ~~~"'"""""=e~.,,.,c;..::.,.=~------0,ate: g/2.'1/\r.
Applicant/Agent Signature:
Property Owner Signature :
-~---~--,t"---_____ Date: _
1
_S-_S~---Zt)-/_t,_ __ _
---.~'--/o+.'--....,,,..,.C..------0 ate: 7RECEIVED
Property Owner Signature: _______________ Date:
SEP 2 1 2016
V8fisnce Application -Msy 2016
Page 2
CITY OF ORONO
DATA PRIVACY ADVISORY
In accordance with Minnesota State Statute 13.04 Rights of Subjects of Data, Subd. 2, ''Tennessen warning", we
would like to inform you that your request for a permit or license from the City of Orono or any of its departments
may require you to furnish certain private or confidential information.
You are notified that:
1. The information you furnish will be used to determine your qualification for the permit or license
requested.
2. You may refuse to supply data, but refusal may require that the City deny the permit or license.
3 . The information may be shared with other local, state or federal agencies to the extent necessary
to process the permit or license.
4. If your requested permit or license requires Council action to approve, some information may
become public.
5. You have certain rights under Minnesota State Statute 13.04 (see following page) to review private
data on yourself.
6. Your full name is required to process this application or permit.
First Middle Last
Address
MN S-519l
City State Zip
Signature
Variance Application -May 2016
Page 10 #3872
Phone
RECEIVED
SEP 2 1 201 6
CITY OF ORONO
PRACTICAL DIFFICULTIES DOCUMENTATION FORM
T his form is a required submittal for ALL va riance appl ications . An application will not be c o nsidered
c om plete o r p laced on a ny m eeting a gendas until this form is co mplete and submitted t o th e City.
Minnesota State Statutes Section 462.357, Subdivision 6(2) requires that practical difficulties be demonstrated in
order for a variance to be granted . The difficulties must be unique to the property as variances run with the land
and not the land owner. Personal and economic situations are not considered valid practical diff,cufties. In order
for an application to be heard by the Planning Commission and City Council practical difficulties having merit must
be demonstrated.
HOW DO I PROVE A PRACTICAL DIFFICULTY?
This form has 12 points outlining the basis City staff uses to determine if practical difficulties exist and how the
variance will affect the surrounding community. To prove practical difficulties, address all the relevant points listed
below and answer them as clearly as possible.
Since you are requesting the code exception, you have the burden of proving that the variance Is Justified.
The information the City receives is what is used in determining a denial or approval recommendation. If you leave
something out it will not be considered.
Please address each of the twelve practical difficulties criteria as they relate to the request, if they do not apply,
write NIA in the space provided:
1. "The property owner proposes to use t he property in a reasonable manner not permitted by the Zoning Chapter:
&,c,,, l---'\ ~ \ie.\..,~ 'b.,,\/$9,
2 . "The plight of the landowner is due to circumstances unique to his property not created by the landowner."
\\M!,; i!) ru,u¾ oJ i.:~ f)O!~ Y-M: I ~j "'oJSC. ~-\ ,.,, l!WA \ek~
3 . "The variance, if granted, will not alter the essential character of the locality.•
4 . "Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists
under the terms of the Zoning Chapter.•
@•¥e»,._\.le, v» q( ~l!!fM~ ~ -~ q.·•)t I HI!>"'!\ 1111.-.UC-~tlf~ \...,;W✓ ~"'1 \...ovr~.
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.•
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 .■
Variance Application -May 2016
Page4
RECEIVED
SEP 2 1 2016
CITY OF ORONO # 3872
7. "The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family
dwelling:
ulA
8. "The special conditions applying to the structure or land in question are peculiar to such property or immediately
adjoining property."
9. "The conditions do not apply generally to other land or structures in the district in which said land is located.•
a~ <..
1 o. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right
of the applicant."
w i\ ~p\,uJ;,..., ll, --~ ~il•1'~" I '»Mn C.0.v-"'\ k \i1,1I\
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."
• l.\ \er\\) Mi ;o @~ Wt,~ i100f"'~ ¼t,H\., \~~ r c.c,..io1\ 1 ¥45 o( ""'l o\.4tr IUf1+½
12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to
alleviate demonstrable difficulty."
to\ ¥>.,:\ @S....\el 1 \...t.... w1\) )'# \,-. .... ~k to lit.. )u1\~
Practical Difficulties Statement
Should you feel the practical difficulties cannot fully be described in the above criteria, describe the practical
difficulties preventing compliance with Zoning Ordinance requirements in the following lines (attach additional
sheets if necessary):
Varl8nce Application -May 2018
\ i20 Fo'i(. <; +
\-hs bv, '~'J (N\ Id-1,y')l
Page 5,387 2
RECEiVED
SEP 2 1 2016
Cl1Y OF ORONO
EXISTING
HOUSE
0 20 4 0 50
SCALE IN FEET
••"" = EXISTING SPOT ELEVATION.
X(998.0)-PROPOSED SPOT ELEVATION
• DIRECTION SURF ACE DRAIN AGE
COH
OHL
GFE
TFE
LFE
= CANTILEVERED OVERHANG
• OVERHEAD UTILITY LINE
= GARAGE FLOOR ELEVATION
= TOP Of FOUNDATION ELEVATION
• LOWEST FLOOR ELEVATION
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,BROWN ROAD
\(PRIVATE)
\
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------------
282.53
HARDCOVER
EXISTING
HOU SE = 2757 Sf'
DECKG • 250 SF
OECKR = 450 SF
FRWALK = 255 SF
PATIOWK = 275 Sf'
DRIVE = 5650 SF
RWALLS • 400 SF
TOT A L = 1004 7 SF /9.8%
PROPOSED (A)
BARN = 1180 SF
OR/VE = 500 SF
TOTAL =1580 SF/1.5:f
TOTAL EXISTING TO REMAIN AND
PROPOSED = 11727 SF / 11.5%
LEGAL DESCRIPTION;
LOT 3, BLOCK 1, STRONGHO LD,
HENNEPIN COUNTY., MN.
ADDRESS -440 BROWN ROADS
PIDJ!103-117-23 -42-0012
LOT AR EA = 102550 SF / 2.5 AC
X 25% = 25637 SF HC ALLOWED
SURVEY IS SUBJECT TO CHANGE PER
TIT LE OR EAS EMEN T INFORM ATION
VERI FY ALL DIMENSIONS AND
ELEVATIONS WITH PROPOSED PLANS
VER IFY ALL SETBACKS WITH CITY
=
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FLOOR FLAN @~~e IIW&F
$ 6ARA6f FLOOR
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RIC:sl-4T ELEV ATION @ acAI.I'• V<l'•I•-..-
b
~
ST LAK.6 STREET
~;~TA.MN 55391
Phone: 952.473.Sm
FAX: 952.473.8222
PC Exhibit E
City Code Excerpts
Sec. 58-50. -More restrictive design and construction standards.
All ISTS permit applications, site evaluations, design specifications, construction methods, and
material specifications shall meet the parts of Minnesota Rules chapter 7080 adopted by reference in
section 58-43 with the following additional minimum standards:
(1) Site evaluation. The site evaluation report shall include the following:
a. Soil borings. At least three soil borings shall be completed for each new drainfield site
designed. Each soil boring must be located within the drainfield site or within close
proximity along similar contours such that simi lar soil conditions are likely. For additions to
an ISTS, at least one soil boring shall be made in the expansion area.
b. Percolation tests. At least two percolation tests sha ll be completed for each new drainfield
site designed. Each percolation test must be located within the drainfield site or within
close proximity along similar contours such that similar soil conditions are likely. For
additions to existing ISTS 's, at least one percolation test shall be completed in the expansion
area.
c. Plot plan. A scale drawing of the entire lot showing the following:
1. All property lines and lot dimensions.
2 . All existing and proposed structures.
3. All existing or proposed well locations, or water supply piping.
4 . Relative elevations of house, lot corners and drainfield areas.
5 . Slope of ground at drainfield sites by contour lines or direction arrows and slope
percentages.
6. Lo cation of all percolation test holes and soil borings with identifying symbols and
relative ground elevations of each .
7. Primary and alternate drainfield areas identified.
8 . Distance from primary and alternate drainfield areas to property lines, well locations,
and any lake, stream, marsh or drainage channe l within 75 feet of any part of the
system.
(2) JSTS design. ISTS design specifications shall include proposed flows or other sizing information,
minimum sewage tank capacity, minimum soil treatment area requirements, a plan of the
component layout, and all other information necessary to assure the city that the ISTS is
designed and will be constructed to receive, treat and dispose of all of the sewage from the
building served. Footing or roof drainage, water softener recharge water, garage floor drainage,
toxic chemicals, flammable liquids, animal wastes, commercial process water and commercial
kitchen grease shall not enter any portion of the ISTS but shall be separately treated and
disposed of according to the app li cable regulations of the MPCA, the state board of health and
the city.
a. Setbacks . The minimum setback distance requirements are as follows :
Page 1
r
Feature
Water supply well:
Deep well
Shallow well
Sewage
Tank
(feet)
so
Soil
Treatment
Area
_J
I so J
so 7 -100 I
_W_e_t-la_n_d-------------.----501 50 I
Lake:
General deve
----l _ _J lopment 75 75 J
Recreational de velopment 75
.-------------
T 7~
1S ~J
Natura l envir onment 150
--
Tributaries, st reams 75
Driveways, sidewalks, decks
-
and other hardcover 10 T --
Property lines, buildings and buried pipes 10
Lawn sprinkler systems 10
b. Sewage tanks. The minimum sewage tank size requirements are as follows :
Number of
Bedrooms
Tank's Liquid Capacities
(gallons)
r-------------------------------
4 or less 1,000 + 1,000 regardless of garbage disposal use
-----------------------
5 or 6 1,250 + 1,000 regardless of garbage disposal use
--------
75 _J
10_J
20
10
.----
7, 8 or 9
-~-----1_,s_o_o_+_1_,_so_o_re_g_ar_d_le ss_o_f_g_a_rb_a_g_e _d_is_p_os_a_1_u_se---~--J
Page 2
r----
10 or more TSewage tanks shall be sized as other establishments per Minnesota Rules
chapter 7080.
c. Pumping stations. In order to standardize installation and electrical connection methods,
the following pumping station requirements must be met in addition to Minnesota Rules
chapter 7080:
1. Electrical connection.
i. A watertight, lockable electrical box must be mounted on a four-inch-by-four-inch
treated redwood or cedar post.
ii. All electrical connections shall be made within the box. Pump connection must
not be made using a direct line (plug-in only). Wire entry to the electrical box shall
be sealed with a watertight material such as foam or putty.
iii. Alarm and pump floats shall be on separate electrical circuits.
iv. Electrical wire from the power supply must not run over any tanks but must be
laid beside the tanks and placed in conduit along the electrical post.
v. Electrical cords from the pump and floats must be run through a two-inch PVC (or
equivalent) conduit (schedule 80) with a one -inch gap between the conduit and
the electrical box. Electrical cords must not run through or under the manhole
cover. Wires must not have ground contact.
2. Pumping chamber.
i. Pressure pipe exiting the pumping chamber must be laid on a uniform slope up
to the soil treatment area for proper drain back. The pressure pipe must be
sleeved inside a larger diameter pipe for additional support if spanning ground
that has been excavated. If the pipe at the tank must be lower than union to get
elevation for drain back, a one-quarter-inch weep hole must be used.
ii. When the soil depth above the pressure distribution pipe is less than 3½ feet,
insulation must be added to achieve an insulating factor equal to 3½ feet of soil
to decrease the potential for freezing (Styrofoam or concentric piping are
acceptable methods). Piping under hardcover, such as tennis courts or driveways,
shall be insulated pipe or equivalent.
iii. A reserve capacity equaling 75 percent of the anticipated daily flow must be
allowed in the pumping chamber between the alarm activation level and the
pump tank inlet.
d. Drainfields.
1. Trenches. Trenches must meet Minnesota Rules chapter 7080.
2. Mounds and at-grades. Mounds and at-grades must meet specifications per
Minnesota Rules chapter 7080.
(3) Compliance standards.
a. A new system shall be located, designed and constructed as a code system.
Page 3
b. When an existing code system is repaired or expanded, such ISTS shall remain a code
system. Compliant systems, when repaired, shall be upgraded to a code system status
whenever such classification is reasonably attainable.
(4) Construction procedures.
a. Protection of drainfield area. Proposed drainfield areas shal l be identified and marked off
on the lot at the time of the site evaluation and prior to any construction or grading
occurring in the area. The drainfield area shall remain undisturbed until drainfield
construction is commenced. No vehicular traffic shall be allowed in the drainfield area
either before or after drainfield installation.
b. Favorable weather required. Drainfield area or trench construction must not proceed if the
area is wet or has had rain within 48 hours. Mound or trench construction shall not proceed
unless the soil moisture content is below the plastic limit.
c. Construction inspection required. The contractor issued a permit for ISTS construction shall
perform all work according to the design specifications approved by the city for each
particular ISTS. All subsurface work, including building sewer, sewage tanks, distribution
system and soil treatment area shall be inspected by the city inspector prior to backfilling
or covering of any portion thereof. It shall be the responsibility of the contractor to notify
the city at least 24 hours prior to the time an inspection will be required, and it shall be the
responsibility of the contractor to ensure that the inspection is accomplished and the
construction is approved prior to any backfilling, covering or continuation of the
construction.
(Code 1984, § 12.30(5); Ord . No. 100 2nd series,§ 4, 2-10-1992; Ord . No. 147 2nd series,§§ 11-15, 5-
13 -1996; Ord. No . 199 2nd series, § 1(12.30(5)), 5-8-2000; Ord. No. 38 3rd series,§ 1, 9-24-2007)
Sec. 78-420. -Area, height, lot width and yard requirements.
(a) Height. No structure or building in the RR -1B 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:
Side Yard
Lot Lot Front Side Rear
Area Width Yard Yard
Adjacent
Yard
(feet)
to Street
I
(acres) (feet) (feet)
(feet)
(feet)
l 2 200 so 30 so so
Sec. 78-1434. -Area restrictions.
In all R districts, no accessory building shall exceed 1,000 square feet of footprint area; except that
accessory structures in excess of 1,000 square feet will be allowed under the following conditions:
(1) Not more than one oversized accessory structure (OAS) shall be permitted on any property. An
oversi zed accessory structure is defined as an accessory structure of footprint area in exces s of
1,000 square feet, except that the following non roofed accessory structures whi ch exceed 1,000
Page 4
square feet footprint area are not considered as oversize accessory structures, but are subject
to the special setback restrictions of section 78-1404.
a. Tennis courts and sport courts.
b. Pools, when pool basin structure (excluding nonencroachment-type patios) is greater than
1,000 square feet.
c. Paddocks or arenas.
(2) Oversized accessory structures are regulated by the following table:
~ -
Maximum I
Maximum Allowed Total I
Individual of All Accessory
Lot Area Accessory Structure l
(acres) Structure
I
Footprint
Footprint Area Areas* on
(square feet) a Property
I
(square feet)
0-1.99 1,000 2,000
\ 2.00-3.00 1,200 2,400
3 .01-3.50 1,400 2,800
3.51-4.00 1,600 3,200
4.01-4.50 1,800
I
3 ,600
4 .51-5.00 2,000 4 ,000
I
5.01-6.00 2,200 4,400
I !
I
6.01-7.00 2,400 4 ,800
7 .01-8.00
I
2,600 5,200 I
I
8.01-9.00 2,800 5 ,600
I -'---,--
I
9.01 or more 3,000 6 ,000
* Excluding nonroofed tennis courts, sp o rt courts, pool s, paddocks, arenas.
Pag e 5
(3) Any oversize accessory structure shall be subject to the following conditions:
a. No such accessory structure shall be located within a required yard area (principal structure
setbacks must be met). Further, no such structure shall be nearer the front lot line than the
front line of the principal residence on the property, and no such accessory structure shall
be located less than 30 feet from the side or rear lot line regardless whether less strict
principal structure setbacks apply.
b. The maximum height for such accessory structure shall be 30 feet or the defined height of
the principal residence structure on the property, whichever is less.
c. Such structure shall be allowed only when the property owner agrees and covenants in
writing with the city as follows:
1. No future subdivision will be approved that places the structure within a lot that has
no principa l structure, except that the city in its subdivision approval may grant a finite
time period in which the oversized accessory structure may remain without a principal
structure, in order that a principal structure may be constructed. At the end of this
time period, the oversized accessory structure must be removed if no principal
structure has been constructed.
2. If the property is subdivided, the oversize accessory structure and principal structure
will be located together within a lot that meets the minimum lot area requirement for
the given size of accessory building.
3. In subdivision approval, the setback required for the oversize accessory structure shall
remain.
Such covenant shall be binding on current and future property owners and shall be filed in
the chain of title of the property.
(Code 1984, § 10.03(9)((); Ord. No. 106 3rd series,§ 24, 6 -10-2013)
Sec. 78-1435. -Location.
Except as may be specifically provided, no detached garage or other accessory building shall be
l ocated nearer to the front or street lot line than the principal building on that lot. Detached garages or
other accessory buildings on lots which have frontage on a lake may be located between the rear yards of
such lots and the principal building only if setback requirements of section 78-305(b), section 78-330(b)
and section 78-350(b) are met. Exception: Detached garages on lots that have frontage on a lake may be
located ten feet from the street or rear lot line when doors face away from the street and an adequate
vehicle turnaround is provided on the site. This section shall not apply to lakeshore lots that are divided
by streets or private roads or are corner lots.
(Code 1984, § 10.03{9)(D); Ord. No. 52 3rd series,§ 2, 11-24 -2008; Ord . No. 106 3rd series,§ 25, 6-10-
2013)
Sec. 78-1438. -Crowding principal building.
No accessory building, unless an integral part of the principal building, shall be erected, altered or
moved within ten feet of the principal building, nor within ten feet of another accessory building.
(Code 1984, § 10.03(12); Ord. No . 165 3rd series,§ 1, 3-14-2016)
Pag e 6
Sec. 78-1439. -Garages.
Accessory buildings which are for the storage of automobiles shall have the doors 30 feet or more
from the property line when the doors face on a public alley or street.
(Code 1984, § 10.03(13))
Sec. 78-1605. -Wetland buffer areas and setbacks.
(a) This subsection establishes authority for wetland buffer areas around protected wetlands. Buffer
areas are necessary and beneficial to maintain the health of wetlands. Buffer areas protect the edge
of wetlands from erosion while filtering sediment, chemicals and other nutrients from runoff that
drains into wetlands. Buffer areas can improve the biological diversity and health of a wetland
environment while reducing the adverse impacts of human activities.
(b) All wetlands within the City of Orono are within the Minnehaha Creek Watershed District (MCWD),
which has rules and regulations for the establishment and maintenance of wetland buffers. In an
effort to avoid overlapping or conflicting regulations, the city defers jurisdiction for the establishment
and maintenance of wetland buffers to the Minnehaha Creek Watershed District. If application of
MCWD buffer regulations is in conflict with city regulations, the more restrictive requirements shall
apply.
(c) In order to provide for a minimum level of wetland protection where Minnehaha Creek Watershed
District buffer rules do not provide for adequate separation between wetlands and buildings or other
structures or surfaces, the city shall require setbacks from the delineated edge of a protected wetland
as follows:
Where no formal buffer exists and
where MCWD does not require a
buffer
where MCWD buffer is required I
Minimum distance setback from delineated edge of wetland to any
building (principal or accessory) or other structure, hardcover,
septic systems or wells:
35 feet
35 feet or established buffer width plus 10 feet, whichever is
greater
Areas within the required setback area subject to filling, grading or excavation as part of a construction
project shall be revegetated immediately upon completion of such earthwork. Setbacks must be verified
with wetland delineation information. The determination of whether a Level 1 delineation or Level 2
delineation is required shall be at the discretion of the planning director. Level 2 delineation information
shall be provided on a certified certificate of survey. The requirement for delineation shall be applied in
cases where the wetland exists within 150 feet of the proposed project.
(d) The City of Orono has establi shed wetland protection strategies in the Orono Surface Water
Management Plan (SWMP) (January 2011). A protection classification has been assigned to each
wetland in Orono based on the stormwater susceptibility and functional assessment for each
Page 7
I
wetland. The city has also established additional protection requirements for each classification. The
four protection classifications are described as follows:
Additional Protection
Requirements
Protection Susceptibility (B = Bounce = Change in
Classificat ion Rating
Description water level due to runoff
event)
(P = Phosphorus)
B: Maintain bounce at or
Highly susceptible to both quantity and quality
below existing
"Preserve"
Highly impacts from runoff; have the highest degree
conditions
Susceptible P: Limit loadings to
of protection predevelopment loading
(0.14 Lbs/ Ac/Yr)
I
B: Maintain bounce at or
I
I Moderately susceptible to quantity and
below existing
conditions plus 0.5 foot
Moderately quality impacts; protection is less stringent
"Manage 1" P: Limit loadings to
Susceptible than Preserve, provides protection to
maintain their characteristics
predevelopment
loadings times 2 (0.28
Lbs/Ac/Yr)
B: Maintain bounce at or
below existing
Slightly
Less stringent protection than Manage 1 conditions plus 1.0 foot
"Manage 2" I wetlands; maintenance of characteristics is P: Limit concentration to
Susceptib le desirable predevelopment
concentrations (200
ppb)
Wetlands are significantly degraded (e.g., B: No quantity
cultivated or canary grass monotype) or lack
Least requirement
"Manage 3"
Susceptible
of wetland cha ra cteristics; not typically P: Limit concentration to
impacted by runoff; no quantity and only 225 ppb
limited quality treatment of runoff is required
I
The protection classification for each wetland will be found on the "Wetland Management Classification
Map & List" which is hereby adopted by reference, a copy of which shall be kept on file in the office of
the city clerk and shall be available for public review during all normal office hours. The Minnehaha
Creek Watershed District required buffer area width s are based on the four protection classifications.
Page 8
(Ord. No. 28 3rd series,§ 1, 8-22-2005; Ord. No. 103 3rd series,§ 2, 5-28-2013)
Page 9
l
RUN DATE: 09/09/2016 HEI\ .'IN COUNTY PROPERTY INFORMATION SYSTEM (PR<.. _.(TV OWNERS LIS'r) PAGE: I
38 03-117-23 13 0003
LONGRIDGE ASSOCIATES
38 ADDRESS UNASSIGNED
ORONO MN 00000
LONGRIDGE ASSOCIATES
POBOXS628
MPLS MN 55440-5628
38 03-1 17-23 !4 0001
LONGRJDGE ASSOCIATES
38 ADDRESS UNASSIGNED
ORONO MN 00000
LONGRIDGE ASSOCIATES
PO BOX 5628
MPLS MN 55440-5628
38 03-117-2341 0006
LONG RIDGE ASSOCIATES
38 ADDRESS l,"NASSJGNED
ORONO MN 00000
LONG RIDGE ASSOCIATES
C/0 ROBERT J THE:LER
PO BOX 5628
MINNEAPOLIS MN 55440-5628
38 03-117-23 41 0007
CRAlGBANK HOLDINGS LLC
l700FOXST
ORONO MN 55391
CRAIGBANK HOLD!NGS LLC
15407 MCGINTY RD W
WAYZATA MN 5539!
38 03-117-23 42 001 !
E W BREHM III & K H BREHM
430 BROWN RD S
ORONO MN 55391
KRISTEN & EDWARD W BREHM
430 BROWN RD S
WAYZATA MN 55391
38 03-117-2342 0012
TM SULLIVAN/AMY K SULLIVAN
440 BROWN RD S
ORONO MN 55391
TIMOTHY M SULL!V AN
AMY K SULLIVAN
440 BROWN RD S
WAYZATAMN 55391
38 03-117-23 42 0013
JOHN 8 & LINDA F MASSOPUST
38 ADDRESS UNASSIGNED
ORONO MN 00000
JOHN 8 & LINDA F MASSOPUST
500 WASHINGTON A VE SO
SUITE4000
MINNEAPOLiS MN 55415
38 03-117-2342 0014
JOHN B & LINDA F MASSOPUST
38 ADDRESS UNASSIGNED
ORONO MN 00000
JOHN B & U NDA F MASSOPUST
500 WASHINGTON AVES
SUITE4000
MINNEAPOLIS MN 55415
38 03 -1 17-23 42 0015
STEVEN D & DEBORAH W BLUM
1880FOXST
ORONO MN 55391
STEVEN D & DEBORAH W BLUM
1880FOX ST
WAYZAT AMN 55391
38 03-11 7-23 42 0016
MICHAEL J & JENNIFER J OLSON
1860FOXS,
ORONO M N 55391
MICHAEL J OLSON
JENNIFER JOLSON
1860FOXST
WAYZA'!'AMN 55391
RECEIVED
SEP 2 1 2016
; __ Ctty OF ORONO
#3872
Hennepin County has developed electronic forms of certain property infonnation databases. Hennepin County mues reasonable efforts to produce
and publish the most current property infonmtion available. The viewer should understand, however, that Hennep in 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 compieteness of the information contained herein.
RECEIVED
SEP 2 1 2016
CllY OF ORONL
# 387?.
f t-c;i\l I I~ L I '-f
... He nn e p in Co u nty Locate & Noti ty Map
Provrded By. Re sident and Real Estate Services Date 9/9/2016
03-117-23-12 03-117-23-11
03-117-23-13 03-117-23-14
-------·· -/ ---...... 03-t 23-13 I , 03-117-23-14
1-------.,j=:----~-=-=..._--:...,.,-_=~==----=-=--+-----1
\ \
\ \
\ ~====~~~~·f-~=9-)
03-117-\!-42 I I O -117-23-41 " :::: ______ /
03-117-23-43
Buffer Si ze : 350 feet
Map Comments:
0311723420012
TM SULLIVAN/AMY K SULLIVAN
440 Brown Road South
Orono,
MN 55391
RECEIVED
SEP 2 1 2016
CJTY OF ORONO
03-117-23-4
03-117-23-44
0 120 240 480 ft
I I I I I I I I
For more Information contact;
Hennepin County GIS Offloe
300 6th Street South
Minneapolis, MN 55487
gis.info@hennepin.us
# 3872
Melanie Curtis
From:
Sent
To:
Subject:
Melanie,
Roger Peitso
Thursday, October 13, 2016 8:53 AM
Melanie Curtis
RE: 440 Brown Road S / #16-3872
pc ecttle»trl-+
The septic system is currently compliant to toc!ay's standards and was last inspected in 2008. Per City of Orono Code Sec.
58-47 an alternate site shall be identifi~d and approved by the City before a permit for this project can be issued. Also,
all of the septic tanks need to be identified and verify the location of the 4" supply line from the septic tanks to the
pump tank. They locations of the tanks should be reflected on the current swvey. If the supply line is going to be under
the proposed driveway for the accessory structure it will need to be insulc:ted. If the supply line is going to be under the
new building it will need to be moved. Whatever the findines are any corrections need to be designed by a licensed
septic desigr?er and a permit will be required for the alteration of the septic system.
Roger Peitso
Building Official
City of Orono
Phone: 952-249-4600
Direct: 952-249-4625
Email: rpeitso@ci.orono.mn.us
Fax: 952-249-4616
From: Melanie Curtis
Sent: Wednesday, October 12, 2016 9:39 AM
To: Roger Peitso <rpeitso@ci.orono.mn.us>
Subject: RE : 440 Brown Road S / #16-3872
Have you had a chance to review this??
Melanie Curtis
11952.249.4627 l8lmcurtis@d.orono.mn.us
From: Melanie Curtis
Sent: Tuesday, September 27, 2016 10:00 AM
To: Roger Peitso <rpeitso@ci.orono.mn.us>
Subject: 440 Brown Road S / #16-3872
1
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PC Notes: #16-3872, Revision LLC, o/b/o Timothy & Amy Sullivan, 440 Brown Road S,
The applicants would like to construct a 1,200 square foot detached accessory building which
will resemble a barn closer to the street than the home on their property. The building is
proposed to be set back approximately 175 feet from the front lot line; the home is set back
approximately 220 feet. All other setbacks and zoning requirements will be met. Due to the
location streetward of the house a setback variance is required .
The property is 2 .5 acres in area. A single OAS with a maximum 1,200 square foot footprint is
permitted. OAS covenants are required.
The building official has completed a preliminary review of the project for compatibility with the
septic system, and has requested additional information from the applicants to make a
conclusive determination. The building official's comments are included in the packet. All
outstanding septic issues must be resolved prior to the issuance of a building permit.
Practical Difficulties Statement
Staff has provided an analysis of the practical difficulties within the staff report. The applicant has
completed the Practical Difficulties Documentation Form; the planning commission may ask for
additional testimony regarding the application.
Staff finds that the location of the existing home, septic sites, and wetland make locating a
conforming accessory structure difficult. Staff believes the impact of a 1,200 square foot "two
story" barn will be mitigated by both the existing wooded areas and the separation between the
building and the homes on adjacent properties.
Public Comments
No public comments have been received.
In closing, Planning staff recommends approval of the variance in conjunction with the property
owners agreeing to the OAS covenants in the approval resolution . ,
~"c, V\WX~ ,ff ~t~~/GJ1~2ed-
~~-0-0
Melanie Curtis
From: Roger Peitso
Sent:
To:
Thursday, October 13, 2016 8:53 AM
Melanie Curtis
Subject: RE : 440 Brown Road S / #16-3872
Melanie,
The septic system is currently compliant to today's standards and was last inspected in 2008. Per City of Orono Code Sec.
58-47 an alternate site shall be identified and approved by the City before a permit for this project can be issued. Also,
all of the septic tanks need to be identified and verify the location of the 4" supply line from the septic tanks to the
pump tank. They locations of the tanks should be reflected on the current survey. If the supply line is going to be under
the proposed driveway for the accessory structure it will need to be insulated. If the supply line is going to be under the
new building it will need to be moved. Whatever the findings are any corrections need to be designed by a licensed
septic designer and a permit will be required for the alteration of the septic system.
Roger Peitso
Building Official
City of Orono
Phone: 952-249-4600
Direct: 952-249-4625
Email: rpeitso@ci.orono.mn.us
Fax : 952-249-4616
From: Melanie Curtis
Sent: Wednesday, October 12, 2016 9:39 AM
To: Roger Peitso <rpeitso@ci.orono.mn.us>
Subject: RE : 440 Brown Road S / #16-3872
Have you had a chance to review this??
Melanie Curtis
11952.249.4627 l:8'.lmcurtis@ci.orono .mn .us
From: Melanie Curtis
Sent: Tuesday, September 27, 2016 10:00 AM
To : Roger Peitso <rpeitso@ci.orono.mn.us>
Subject : 440 Brown Road S / #16-3872
1
AFFIDAVIT OF PUBLICATI0 1~
STATE OF MINNESOTA ) ss
COUNTY OF CARVER
Charlene Vold being duly sworn on an oat h ,
states or affirms that he/she is the Publisher's
Oesignated Agent of the newspaper(s) known
as:
The Laker, The Pionee r
with the known office of issue being located
in the county of:
CARV ER
with additional circulation in the counti es of:
HENNEPIN
and has full knowledge of the fact s stated
below:
(A) The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provided
by Minn. Stat. §33IA .02.
(B) This Public Notice was printed and pub-
lished in said newspaper(s) once each
week , for 2 s uccessive week(s); the first
insertion being on l0/01/2016and the last
insertion being on 10/01/2016.
MORTGAGE FORECLOSURE NOTICES
Pursuant to Minnesota Stat. §580.033
relating to the publication of mortgage
foreclosure notices: The newspaper complies
with the conditions described in §580.033,
subd. I , clause (I) or (2). If the newspaper's
known office of iss ue is located in a county
adjoini n g the coun1y where the mortgaged
premise s or some part of the mortgaged
premises described in the notice are located,
a s ubst antial portion of the newspaper's
circulation is in the latter county.
By:
Des ignated Agent
Subscribed and sworn to or affi rmed before
me on 10/01/2016 by C h arlene Vo ld.
Notary Public
Rate In formati on:
(I) Lowest c lassified rate paid by commercial users
for com parable space:
SJ 5.00 per column in c h
Ad ID 603078
CITY OF ORONO
275? KELLE;'f PARKWAY,
. P.O. BOX66
CRYSTAL BAY, MN 55323
PHONE (952) 249-4600
FAX (952) 249-4616
NOTICE
The Orono Pl anning Commis-
sion will hold a public hearing in the
Orono Council Chambers at 2780
Kelley Parkway on Monday Oc-
tober 17, 2016, beginning at 6:30
p.m. on the matter of reviewing the
following land use applications:
16-3866 Lecy Brothers on be-
half of Charlie Daum, 1920 Fager-
ness Point Road, requests approval
of variances to the required street
setback and lakeshore setback,
as well as a hardcover variance in
order to construct a second-story
room addition above the existing
attached garage as well as a new
deck and stairway on the lake side
of the home.
16-3869 Scott Hochstedler, 290
Crestview Avenue, requests a vari-
ance from the front yard setback to
permit the construction of an addi-
tion onto the existing home.
16-3870 Scott Hochstedler &
Tom Betz request the vacation of
unimproved Hill Street located be-
tween 290 Crestview Avenue and
300 Crestview Avenue.
16-3871 Jacob Pivec on behalf
of Mike Setnicker, 1175 Willow-
brock Drive, requests approval of a
variance to permit a 1,400 square
foot oversize accessory structure
to be constructed closer to the
street than the principal structure.
16-3872 Revision , LLC on be-
half of Timothy & Amy Sullivan, 440
Brown Road South, requests a vari-
ance to permit a 1 , 080 square foot
oversize accessory structure to be
constructed closer to the street
than the principal structure.
16-3873 Ryan & Natalie Black-
well, 80 Smith Avenue, request
side yard and front yard setback
variances in order to construct ad-
ditions to t he existing home on the
property to expand the footprint
and the second story.
16-3874 Stonewood, LLC on
behalf of Lyle & Gretchen Shaw,
1750 Shadywood Road, requests
variances for lot area, lot width,
side setback, hardcover and struc-
tural lot coverage in order to con-
struct a new single family residence
to rep lace the existing home on the
property.
16-3875 Pillar Homes on be-
half of Whitney Windmiller & Greg
Blasko, 3295 Crystal Bay Road,
requests variances from lot size,
structural coverage, lake yard, and
street yard setback requirements
to permit the construction of a new
single family residence.
16-3876 Stonewood, LLC on
behalf of Luke Beltnick. 1380 Oro-
no Lane, requests hardcover and
wetland setback variance in order
to reorient the driveway and pool
patio hardcover within the wet-
land setback and the 75-foot lake
setback as well as a side street
setback variances to construct a
pool shed more streetward than
the principal structure and within
the required SO-foot side street
setback.
All persons wishing to be heard
are encouraged to attend these
meetin gs. 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 October 11,
2016 if possible. Interested per-
sons may review the applications
and proposed ordinance language
at City offices o r by visiting the
City's Website at www.ci.0<ono.
mn.us. For an appointment, please
call (952) 249-4620.
City of Orono
By: Planning Commission
Jeremy Barnhart, Community De-
velopment Director
Published in
The Laker & The Pioneer
October 1, 2016
603078
STATE OF MINNESOTA )
)
COUNTY OF HENNEPIN ) ss.
)
CITY OF ORONO )
CERTIFICATE OF MAILING
I, Monica Fadness , of the City of Orono, Hennepin County, Minnesota , do hereby
certify that a Notice of Public Hearing concerning the matter of #16-3872 was mailed to the
attached list of property owners.
In Witness Whereof, I have hereunto set my hand and seal this 30t h day of
September, 2016.
CITY OF ORONO
2750 Kelley Parkway, P.O. Box 66
Crystal Bay, MN 55323
Phone (952) 249-4600 Fax (952) 249-4616
NOTICE
The Orono Planning Commission will hold a public hearing in the Orono Council Chambers at
2780 Kelley Parkway on Monday October 17, 2016, beginning at 6:30 p .m . on the matter of reviewing
the following land use applications:
16-3866
16-3869
16-3870
16-3871
16-3872
16-3873
16-3874
16-3875
16-3876
Lecy Brothers on behalf of Charlie Daum , 1920 Fagerness Point Road, requests approval
of variances to the required street setback and lakeshore setback, as well as a hardcover
variance in order to construct a second-story room addition above the existing attached
garage as well as a new deck and stairway on the lake side of the home.
Scott Hochstedler, 290 Crestview Avenue, requests a variance from the front yard
setback to permit the construction of an addition onto the existing home.
Scott Hochstedler & Tom Betz request the vacation of unimproved Hill Street located
between 290 Crestview Avenue and 300 Crestview Avenue.
Jacob Pivec on behalf of Mike Setnicker, 1175 Willowbrook Drive, requests approval of
a variance to permit a 1,400 square foot oversize accessory structure to be constructed
closer to the street than the principal structure.
Revision , LLC on behalf of Timothy & Amy Sullivan, 440 Brown Road South , requests a
variance to permit a 1,080 square foot oversize accessory structure to be constructed
closer to the street than the principal structure.
Ryan & Natalie Blackwell, 80 Smith Avenue, request side yard and front yard setback
variances in order to construct additions to the existing home on the property to expand
the footprint and the second story.
Stonewood , LLC on behalf of Lyle & Gretchen Shaw, 1750 Shadywood Road, requests
variances for lot area, lot width , side setback, hardcover and structural lot coverage in order
to construct a new single family residence to replace the existing home on the property.
Pillar Homes on behalf of Whitney Windmiller & Greg Blasko, 3295 Crystal Bay Road,
requests variances from lot size, structural coverage, lake yard , and street yard setback
requirements to permit the construction of a new single family residence.
Stonewood, LLC on behalf of Luke Beltnick, 1380 Orono Lane, requests hardcover and
wetland setback variance in order to reorient the driveway and pool patio hardcover within
the wetland setback and the 75-foot lake setback as well as a side street setback variances
to construct a pool shed more streetward than the principal structure and within the required
50-foot side street setback.
All persons wishing to be heard are encouraged to attend these meetings . This is not a final agenda and
is subject to change prior to the hearings . Written comments are accepted and should be submitted to
the City of Orono by October 11 , 2016 if possible . Interested persons may review the applications and
proposed ordinance language at City offices or by visiting the City's Website at www.ci.orono .mn.us. For
an appointment, please call (952) 249-4620.
City of Orono
By: Planning Commission
To be published in The Laker & The Pioneer Newspapers on October 1, 2016.
Posted at: Orono City Offices
Crystal Bay Post Office
Long Lake Post Office
Navarre Post Office
2
RUN DATE: 09/09/2016 H E. ?I N COUNTY PROPERTY I NFORMATION SYSTEM (PR<,, ~RTY OWNERS LIST) PAGE: I
38 03-117-23 13 0003
LONG RIDGE ASSOCIATES
38 ADDRESS UNASSIGNED
ORONO MN 00000
LONGRIDGE ASSOCIATES
PO BOX 5628
MPLS MN 55440-5628
38 03-117-23 14 0001
LONG RIDGE ASSOCIATES
38 ADDRESS UNASSIGNED
ORONO MN 00000
LONGRIDGE ASSOCIATES
PO BOX 5628
MPLS MN 55440-5628
38 03-117-23 41 0006
LONG RIDGE ASSOCIATES
38 ADDRESS UNASSIGNED
ORONO MN 00000
LONGRIDGE ASSOCIATES
C/O ROBERT J THEILER
PO BOX 5628
MINNEAPOLIS MN 55440-5628
38 03-117-23 41 0007
CRAIGBANK HOLDINGS LLC
1700 FOX ST
ORONO MN 55391
CRAIGBANK HOLDINGS LLC
15407 MCGINTY RD W
WAYZATA MN 55391
38 03-117-23 42 0011
E W BREHM 111 & K H BREHM
430 BROWN RDS
ORONO MN 55391
KRISTEN & EDWARD W BREHM
430 BROWN RDS
WAYZATA MN 55391
38 03-117-23 42 0012
TM SULLIVAN/AMY K SULLIVAN
440 BROWN RDS
ORONO MN 55391
TIMOTHY M SULLIVAN
AMY K SULLIVAN
440 BROWN RDS
WAYZATAMN 55391
38 0 3-117-23 42 00 I 3
JOHN B & LINDA F MASSOPUST
38 ADDRESS UNASSIGNED
ORONO MN 00000
JOHN B & LINDA F MASSOPUST
500 WASHINGTON AVE SO
SUITE 4000
MINNEAPOLIS M N 55415
38 03-117-23 42 0014
JOHN B & LINDA F MASSOPUST
38 ADDRESS UNASSIGNED
ORONO MN 00000
JOHN B & LINDA F MASSOPUST
500 WASHINGTON AVES
SUITE 4000
MINNEAPOLIS MN 55415
38 03-117-23 42 0015
STEVEN D & DEBORAH W BLUM
1880 FOX ST
ORONO MN 55391
STEVEN D & DEBORAH W BLUM
1880 FOX ST
WAYZATAMN 55391
38 03-117-23 42 0016
MICHAEL J & JENNIFER JOLSON
1860 FOX ST
ORONO MN 5539 1
MICHAEL JOLSON
JENNIFER JOLSON
1860 FOX ST
WAYZATA MN 55391
RECEIVED
SEP 2 1 2016
. ClTY OF ORONO ,-.
# 3872
Hennepin County has developed electronic fonns of certain property infonnation databases. Hennepin County makes reasonable efforts to produce
and publish the most current property infonnation 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 infonnation contained herein.
RECEIVED
SEP 2 1 2016
. CITY OF ORONO
# 3872
27 September 2016
Alex Lang, Re vision LLC
153 Lake Street E
Wayzata , MN 55391
SUBJECT: Zoning Application #16-3872
C ITY 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.m n.u s
The City of Orono is required to notify you within fifteen (15) business days as to the status of your
application for a variance for property located at 440 Brown Road South. Our preliminary review indicates
that your application is complete.
Your application is scheduled to appear before the Planning Commission on Monday, October 17t h . The
meeting begins at 6:30 p.m. Please make sure that you or your representative is available to attend the
meeting. You will be mailed a staff report regarding your application prior to the meeting date; the staff
report and agenda will be made available the Friday prior to the meeting on the City's website at
www.ci.orono.mn.us. Search for the Planning Commission materials under the meeting date by following
the link "Meeting Information".
Please call me at 952 .249 .4627 or by email at mcurtis@ci.orono .mn .us should you have any que stions.
Additionally, I have removed the necessary information from the enclosed thumb drive; I am returning it
to you.
Sincerely,
City of Orono
Melanie Curtis
Planner
encl
City of Orono
Variance Pre-Application
Meeting Form
(This form is to be completed by a City Planner during yo ur pre-application meetin g .)
For Office Use Only: ~ .. ,
City Planner: ~ .(.,; Meeting Date/Time:
PC Date: ____________ _ Met with :
What is the purpose of a pre-application meeting?
Pre-application meetings aid the applicant in preparing a complete proposal , inform them of the procedures
and requirements of the city code , and identify policies or regulations that create opportunities or problems
for the proposal.
PROPERTY INFORMATION:
Site Address : ':!4Cl BsoY-M U s O\o"'° 1 JIAij SS 391
Property Identification Number (PIN): re,-\11-2:~-i:r~--001-i.
Zoning District: tii2::J f2 Size of .... _P,,....~ro~p_e_rt~y:~~2.-.
1
~s-o..<-r-es _____________ _
DESCRIPTION OF VARIANCE REQUEST:
□ Average Setback D Side Yard Setback D Rear Yard Setback □ Lake/Front Yard Setback
□ Hardcover Tier 1 D Hardcover Tier 2 D Hardcover Tier 3 □ Hardcover Tier 4
□ Lot Coverage D Lot Area D Lot Width
~ther: (l:lu(~ 00 Wvt (lp fr1~ 5'fye,etMr,\ ot pn nu{M,G
Applicant's //1 PRACTICAL DIFFICULTIES: Owner and/or Applicant has received the Practical
Initials : Difficulties Documentation Form , understands it as it has been explained to them ,
Owner's and is aware that it must be completed and submitted in conjunction with their
Initials: formal variance application .
Applicant's Ill BILLS AND ESCROW: Owner and/or Applicant shall pay for consultant expenses
Initials: incurred in review of this application and/or additional staff time not ~red in initial
Owner's application fee, as well as provide an escrow in the amount of $ O{J -to
Initials: guarantee payment of the above .
OTHER INFORMATION:
*Please note: Your variance application will NOT be accepted without a pre-application meeting during
which this form will be completed by City staff.
Date: 'l/t4 } I 6
Owner Signature: Date: I', SFPT ZolfECEIVED
Variance Application -May 2016 SEP 2 1 2016
CITY OF ORONO
City of Orono
Variance Application
Street Address:
2750 Kelley Parkway
Orono , MN 55356
Main : 952-249-4600
fax : 952-249-4616
Mailing Address:
P.O. Box66
Crystal Bay, MN 55323-0066
Application #
Date Received:
Staff :
Fee:
Escrow# & $
Permit Fee
Notes:
Please complete . Applicant will be notified within 15 days as to the status of the application .
Incomplete applications will not be placed on Planning Commission Agenda.
SITE LOCATION:
DESCRPTION OF REQUEST: PM ., \kn \;v ~ p<'o~<lb ( pl.AA d\e&W)
(attached additional sheets as necessary)
APPLICANT/ AGENT INFORMATION:
Applicant Name :
Phone (Primary):
Applicant Email :
Address: Cit : w ZIP: S5191
Applicant is : Homeowner (Circle One)
PROPERTY OWNER INFORMATION: D check here if property owner is same as applicant
Name : Tlroo\\-~ [',\ 5.,\\M>.r, ""'~ AW\~ \<. <;-u,-.. ..._
Phone (Primary):
Mailing Address: I-ii.lo ~'""'"' QJ s City: Ot roo ZIP : 55 ~91
Email:
APPLICANT/AGENT AND/OR OWNER:
• Agree to provide all information required or requested by the Planning Department ,
• Agree to pay additional fees (staff time not covered in the original fee payment) and/or consultant expenses incurred in
review of this application, and
• Certify that the information supplied is true and correct to the best of his/her knowledge . The applicant and owner
recognize that they are solely responsible for submitting a complete application being aware that upon failure to
do so, the staff has no alternative but to reject it until it is complete or to recommend the request for denial of the
request regardless of its potential merit.
• Acknowledge the Escrow Agreement is completed and signed .
• The Owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property
by City Staff, consultants, agents, Commission and Council Members for purposes of investigation and verification of this
request .
• Owner and/or Applicant acknowledge they must be present at all scheduled review meetings of the Planning
Commission and Council. If an applicant and/or owner is unable to attend a scheduled meeting , please make
arrangements to have an authorized representative attend in place of the applicant/owner and advise the City Planner
assigned to your project.
Applicant/Agent Signature :
Applicant/Agent Signature :
Property Owner Signature :
Property Owner Signature:
Variance Application -May 2016
aa~~~=-+~--~~----------Date: g_/2.t.i/lr.
--~----f---<.,__ _______ Date :
--~---,1--,1-r--~..c.----------Date:
________________ Date:
l~S~-ZOI~ ECEIVED
SEP 2 1 2016
Page 2
#3872 CITY OF ORONO
DATA PRIVACY ADVISORY
In accordance with Minnesota State Statute 13.04 Rights of Subjects of Data , Subd. 2 , "Tennessen warning", we
would like to inform you that your request for a permit or license from the City of Orono or any of its departments
may require you to furnish certain private or confidential information .
You are notified that
1. The information you furnish will be used to determine your qualification for the permit or l icense
requested .
2 . You may refuse to supply data, but refusal may require that the City deny the permit or license.
3. The information may be shared with other local, state or federal agencies to the extent necessary
to process the permit or license.
4 . If your requested permit or license requires Council action to approve, some information may
become public.
5. You have certain rights under Minnesota State Statute 13.04 (see following page) to review private
data on yourself.
6. Your full name is required to process this application or permit.
First Middle Last
Address
MN 5Ss9l
City State Zip
I understand my rights as tat~d above.
Signature
Variance Application -May 2016
Page 10 # 3872
Phone
RECEIVED
SEP 2 7 201 6
CITY OF ORONO
PRACTICAL DIFFICULTIES DOCUMENTATION FORM
This form is a required submittal for ALL variance applications. An application will not be considered
complete or placed on any meeting agendas until this form is complete and submitted to the City.
Minnesota State Statutes Section 462.357, Subdivision 6(2 ) requires that practical difficulties be demonstrated in
order for a variance to be granted . The difficulties must be unique to the property as variances run with the land
and not the land owner. Personal and economic situations are not considered valid practical difficulties. In order
for an application to be heard by the Planning Commission and City Council practical difficulties having merit must
be demonstrated .
HOW DO I PROVE A PRACTICAL DIFFICULTY?
This form has 12 points outlining the bas is City staff uses to determine if practical difficulties exist and how the
variance will affect the surrounding community. To prove practica l difficulties , address all the relevant points listed
below and answer them as clearly as possible.
Since you are requesting the code exception , you have the burden of proving that the variance is justified.
The information the City receives is what is used in determining a denial or approva l recommendation. If you leave
something out it will not be considered.
Please address each of the twelve practical difficulties criteria as they relate to the request, if they do not apply,
write NIA in the space provided:
1. "The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter."
Bo..c0 l.c.,,-• \ h \ie.\.:, ...... .}. \o,,vc;.Q,
2. "The plight of the landowner is due to circumstances unique to his property not created by the landowner."
\\w'& ·,';> ~\1~ ~\ \t,,.!I( ~row~ \-,.,__(.. 1 o-c.u.So<.j ¼"VS<I. u,-.,,.""\ \<t.. ¥1\wg \eht}
3. "The variance , if granted , will not alter the essential character of the locality."
4. "Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists
under the terms of the Zoning Chapter."
R.<1.6Sc>".)"-l,lt, y',e. o{ ¢oft!~ ao~s ~1-(..\(•~t I L-." .... ol ;,I"'-"-' c,,,Ue,So~ \,-,;\A;d \.el,-.;~ 1.-ovl~.
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."
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 ."
Variance Application -May 2016
Page4
RECEIVED
SEP 2 1 2016
CITY OF ORONO # 387 2
..
7. "The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-fami ly
dwelling ."
8. "The special conditions applying to the structure or land in question are peculia r to such property or immediately
adjoining property."
I½
9. "The conditions do not apply generally to other land or structures in the d istrict in which said land is located ."
o\ <...
10. "The granting of the appl ication is necessary for the preservation and enjoyment of a substantial property right
of the applicant."
J& 1\ Afpt,...J;, ... i~ "'.,\ ~!M\-...\ 1 \x.,(r, (..c-v,r..O~ k& h1r1I\
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."
.... l \ w \\) "°' :n N?~ W I:-~ \IM fl'I~ \.,~ .... \~\-, <,-..k l~ I 0,""-\01\. 1 b:)0( ... \5 o( '-j oi ~ It.~~<-½
12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessa ry to
alleviate demonstrable difficulty."
r.\ ,,,,,! ~\..,,\EA 1 \..ol--. w,I) :ool k--"'~It. ~ ~~ ~u >ll-
Practical Difficulties Statement
Should you feel the practical difficulties cannot fully be described in the above crite ria, describe the practical
difficulties preventing compliance with Zoning Ordinance requirements in the following lines (attach additiona l
sheets if necessary):
I i 2 0 Fo'i-S +
\-he, bv 11~,J Ov'\ \ of-I iVll
Variance Applica tion -May 2016
Page s# 3 8 7 2
RECEIVED
SEP 2 1 2016
CITY OF ORONO
RUN DA TE: 09109/2016
38 03-117-23 13 0003
LONGRIDGE ASSOCIATES
38 ADDRESS UNASSIGNED
ORONO MN 00000
LONGRIDGE ASSOCIATES
P O BOX 5628
M PLS MN 554-l0-5628
38 03-1 17-23 14 000 I
LONGRI DGE ASSOC IA TES
38 ADDRESS UNASSIGNED
O RONO MN 00000
LONGRI DGE ASSOCIATES
I' 0 BOX 5628
MPLS MN 55-l40-5628
38 03-117-23 41 0006
LONG RIDGE ASSOC IA TES
38 ADDRESS UNASSIGNED
O RONO MN 00000
LONG RIDGE ASSOC IA TES
C/0 ROBERT J THEILER
PO BOX 5628
MI NNEAPOLI S MN 554-l0-5628
38 03-117-23 41 0007
CRAIGBANK HOLDINGS LLC
1700 FOX ST
ORONO MN 5539 1
CRAIGBANK !IOI.DINGS LLC
15-l07 MCGl:'ITY RD W
WAYZATA MN 55391
38 03-11 7-234200 11
E W IJ REIIM Ill & K II BR EHM
430 BROWN RDS
ORONO MN 5539 1
KRI STEN & EDWARD W BREHM
43 0 BROW:'! RDS
WAYZATA M N 55391
38 03-11 7-23 42 00 12
HENI\
TM SULLIVAN/A MY K SULLIVAN
-l40 BROWN RDS
ORONO MN 553 91
TIMOHIY M SU LLIVAN
A MY K SULLIVAN
440 BROWN RDS
WAYZATA MN 55391
38 03 -11 7-23 42 001 3
JOHN B & LINDA F MASSOPUST
38 ADDRESS UNASSIGNED
ORONO MN 00000
JOHN B & LINDA F MASSOPUST
500 WAS HINGTON AVE SO
SUITE4000
M INNEAPOLIS MN 55415
38 03-1I7-23-l200 I4
JOHN B & LINDA F MASSOPUST
38 ADDRESS UNASSIGNED
ORONO MN 00000
JOIIN 13 & LINDA F MASSOPUST
500 WASH INGTON AVES
SU ITE 4000
MINNEAPOLIS MN 5541 5
38 03-11 7-23 42 0015
STEVE:--1 D & DEBORAH W BLUM
1880 FOX ST
ORONO MN 5539 1
STE V EN D & DEBORAH W BLUM
1880 FOX ST
WAYZATA MN 5539 1
38 03-11 7-23 42 0016
MICHA EL J & JENNIFER JOLSON
1860 FOX ST
ORONO MN 5539 1
MIC HAEL J OLSON
JENN IFER JOLSON
1860 FOX ST
WAYZATAMN 5539 1
, C O UNTY PROPERTY INFORMATION SYSTEM (PROP, 1' OWNERS LIST) PAGE: I
RECEIVED
SEP 2 1 ?.016
CITY OF ORONO
# 3872
Hennepin County has developed electronic fonns of certain property infom1a1ion databases. Hennepin County makes reasonable efforts to produce
and publish the most current property infom1ation available. The viewer should unders tand, however, that Hennepin County makes no
representation or warranties, either express or implied, or as to merchantability or fi tne ss for a particular purpose regarding the accuracy
and/or completeness of the infonnation eoncained herein.
RECEIVED
SEP 2 1 2016
. CITY OF ORONO
# 3872
Pc 8Ctn6stT q
H ~;~d~;r.~~.9.~~~~r..=-~~~~; & Notify Map
Date : 9/9/20 16
03-117-23-12
03-117-23 -1 3
03-117-23-43
Buffer Size: 350 feet
Map Comments:
0311723420012
T M S ULLIVAN/A M Y K SULLIVAN
4 40 B rown Road South
Orono,
MN 55391
03-117-23-11
03 -117-23 -14
03-117-23-14
RECEIVED
S[P ? 1 2016
CITY OF ORO NO
0 -117-23-41
03 -117-23-4
03 -117-23 -44
0 120 2 40 4 80 ft
I 1 1 1 I 1 1 I
For more informat ion contact:
Hennepin Count y G I S Office
300 6th Street Sout h
Minneapolis, M N 55487
g is .info@hennepin.us
# 387 2 · ·
City of Orono
Hardcover Calculation Worksheet
Property Address: _Y__,_Y_._O __ =B ...... s:,) ...... ,~,.,_._il'.\...._____.Q_.,..J'-'--=S=------_,_C&........,..c)..,_V\,...o--1,-'N\.........,_,_N_S_5 =-·~-9 _l _____ _
Prepared by: ~A~W'¼~-U.=
0
.......,..... __________ Date : tfi/1.i, /lb
Stormwater Quality Overlay District Tier: (Circle one) Tier 1 Tier 2 Tier 3 Tier 4 Tier 5
Step 2: PROPOSED HARDCOVER
In the following table, identify all items of proposed hardcover on the property, keyed by letter to
Certificate of Survey (survey must accompany this form). Include all existing hardcover items that are
intended to remain , as well as all proposed hardcover items that will be added . Use as many lines as
necessary to accurately depict proposed hardcover status of the property. For Tier 1 properties, identify
any features by letter which are split at the 75' setback line and calculate hardcover square footage
t I f h rt· separa e " or eac po ,on.
Keyto Hardcover Item (Describe) Length x Width Total
Survey (Square Feet)
(Example) (Garage) (24' X 30') (720 S.F.)
A \-\(),>~ 2,)'<>7 S.F.
B [\ph',(\, 2-So S.F.
C 1'1.,c.K Q.. '1£() S.F.
D Fr w,,._w, "25°5 S.F.
E \',.i,, \,l\<. 2-lS S .F.
F l)\\\Jt, 5 1<,So S.F.
G R 1,X,_I\~ ~co S .F .
H N°· [\,,~., \.-,~ ~tn l to k .. .ll ,,\ \ ~ ,otn S.F.
I •···· i'\,·.oo •· ,~,. la U • ( ...._ Iv ,.,\A,.\ \ \10 ... ., S.F.
J -S .F.
K S .F.
L S .F.
M S .F.
N S .F.
0 S.F.
p S.F.
Q S.F.
R S .F .
s S.F.
T S.F.
u S .F .
V S .F .
w S .F .
X S .F .
y S.F.
z S.F.
( 1) Total Proposed Hardcover \"l .. ,\'l..) S .F .
Excludable Hardcover (See Citv Code Sec 78-1684):
S .F .
S .F.
S.F.
S.F.
S .F.
(2 ) T otal Excludable Hardcover 0 S .F.
(3) Net Prooosed Hardcove r [Subtract line (2) from line (1 )1 12 11,7 S.F.
14\ Total Lo t Area 102. <i:So S .F.
Proposed Hardcover Percentage I (3) + (4) 1 \ \. <z %
# 3 8 7 2 RECEIVED
This is an informa tion packet regarding Hardcover. Eve ry effort has b een made to insure the accu racy of the informatio~ etftit.if nJd 2 0 16
herein; however, if any information is not consistent with provisions of the City Code, the Code pro visions w ill prevail.
Page 9 of 9 CITY OF ORONO
City of Orono
Hardcover Calculation Worksheet
Property Address:
Prepared by: Date:
Stormwater Quality Overlay District Tier: (Circle one) Tier 1 Tier 2 Tier 3 Tier 4 Tier 5
Step 1: EXISTING HARDCOVER
In the following table identify fill items of existing hardcover on the property, keyed by letter to Certificate of
Survey (survey must accompany this form). Use as many lines as necessary to accurately depict existing
hardcover status of the property. For Tier 1 properties , identify any features by letter within the 75' setback line
and calculate hardcover square footage separately for each portion .
Key to Hardcover Item (Describe) Survey
(Example) (Garaoe)
A \-b,!;.e..,
B Oed<.r.
C ne<..\<.R.
D hW(>..\\<-
E Po-..1,uwK.
F Ot ,"<-
G Rwc...\\s
H
I
J
K
L
M
N
0
p
Q
R
s
T
u
V
w
X
y
z
(1) Total Existino Hardcover
Excludable Hardcover (See City Code Sec 78-1684):
(2) Total Excludable Hardcover
(3) Net Existina Hardcover [Subtract line (2) from line (1 )]
(4) Total Lot Area
Existing Hardcover Percentage
Variance Application -May 2016
Length x Width Total
(Square Feet)
(24' X 30') (720 S.F.)
2,7(..'1 S.F.
2SO S .F.
'1~() S.F.
2.5$ S.F.
2.7';; S .F.
s "so S.F.
'ioo S.F.
S.F.
S.F.
S.F.
S.F.
S.F.
S .F .
S .F .
S .F .
S .F .
S .F .
S.F.
S.F.
S.F.
S .F.
S.F.
S .F.
S.F.
S .F.
S.F.
lCJ O'i7 S.F.
S.F.
S .F.
S.F.
S .F.
S.F.
<) S .F.
\ 0 I OLj"J S.F.
10'2. ~50 S .F .
[(3)+(4)] 9.8 %
(Proposed Hardcover next page)
RECEIVED
SEP 2 1 2016
P CITY OF ORONO age 1 · # 3872
H Hennepin County Locate & Notify Receipt
Provided By: Resident and Real Estate Services
Print Date Fri Sep 09 10.34:12 2016
This is a receipt only with 'paid' stamp or cash register receipt attached
CompanyorHomeownerName:~exlang
TOTAL COST: $25.00
Contact Person: 952 607 6129
Subject Property Address: 440 Brown Rd S, Orono
Comments:
350'
Buffer Distance: 350 feet
38 03-117-2313 0003 38 03-117-2314 0001 38 03-117-23 41 0006 38 03-117-23 41 0007
38 03-117-23420012 38 03-117-23420013 38 03-117-23420014 38 03-11 7-23420015
Mail Label Count: 10
38 03-117-23 42 0011
38 03-1 17-23420016
SEP 2 1 ·,, :::
CITY OF ORO~O
# 387 2
Al:13/\ v-09-oos-~
wo>·Nel\e·MMM
38 03-117-23 13 0003
LONGRIDGE ASSOCIATES
PO BOX 5628
MP LS MN 55440-5628
38 03-117-23 14 000 I
LONG RIDGE ASSOC IATES
PO BOX 5628
MPLS MN 55440-5628
38 03-117-23 41 0006
LONGR I DGE ASSOC IATES
C/0 RO BERT J THEILER
PO BOX 5628
MINNEAPOLIS MN 55440-5628
38 03-1 17-23 41 0007
CRA IG BANK HOLD INGS LLC
J 5407 MCGINTY RD W
WAYZATA MN 55391
38 03 -1 17-23 42 0011
KRISTEN & EDWARD W BREHM
430 BROWN RD S
WAY ZATA MN 55391
38 03-117-23420012
T IMOTHY M SULLI VAN
AMY K SULLIVAN
44 0 BROWN RD S
WAYZATA MN 5539 1
38 03-117-23 42 0013
JO HN B & LINDA F MASSO PUST
500 WASH INGTON AVE SO
SUITE 4000
MINN EA PO LI S MN 55415
38 03-117-23 42 0014
JOHN B & LI NDA F MASSO PUS T
500 WASH INGTON AVES
SUITE 4000
MINNEA POLIS MN 55415
38 03-117-23 42 00 I 5
STEVEN D & DEBORAH W BLUM
1880 FOX ST
WAYZATA MN 5539 1
38 03-11 7-23 42 0016
MICHAEL JOLSON
JENN IFER J OLSON
1860 FOX ST
WAYZATA MN 55391
! vu096S @AiJ:11\V ~
!
j ,uan-aod p.1oq;u a1 ,agtl\~J
I ap U!Je am1.pe11 e1 \! zandau
I
r rua6p3 dn-dod asodxa I oi auu 6uo1e puae
!
♦-Y._.,.,...,.,,.,.,
ap suas
'Y
-,adedpaa:1
-T
r
I
I
!
@09~5 @Aij3/W J!Jeqeb e1 zesmi,
Je1ed r: se1pei sauenb!t:
RECEIVED
SEP 21 2016
CITY OF ORONO
#3872
@09~S aie1dwa1 @I.Jal\'f/ as1
s1eqe, @f88d ~se
CITY OF ORONO
2750 KELLEY PARKWAY
ORONO, MN 55356-
(952) 249-4600 FAX: (952) 249-4616
ADDRESS
PIN
LEGALDESC
PERMIT TYPE
PROPERTY TYPE
CONSTRUCTION TYPE
: 440 BROWN RD S
: 03-117-23-42-0012
: STRONGHOLD
: LOT 003 BLOCK 00 1
: ESCROW FEE -APPLICANT
: RESIDENTIAL
: ESCROW FEE-APPLICANT
NOTE: TH IS $2500 ESCROW IS TIED TO ZON ING APPLICATION 16-3872
APPLICANT
SULLIVAN, TIMOTHY
440 BROWN RD S
WAYZATA, MN 55391-
SULLIVAN, TIMOTHY
440 BROWN RD S
WAYZATA, MN 55391-
OWNER
AGREEMENT AND SWORN STATEMENT
The wo rk for which this permit is issued shall be performed according to
the approved plans and specifications, applicable C ity approvals, and the
State Building C ode. This permit is for only the work described and does
not g rant permission for additional or related work which requires separate
permits. All provisions of laws and o rdinan ces govern in g this type of work
shall be compied w ith w hethe r o r not specified here in. This permit will
expire and become null and void if construction authorized is not
commenced within 180 days of the date of is s uance, or if construction is
suspended for a pe ri od of 180 days at a ny time after work has commenced .
The app li cant is responsible for assuring all required in s pections are
requested in conform ance with the S tate Bui lding Code. This permit may be
revoked at any time for due cause.
App li cant Permitee Signatu re Date
ESCROW FEE -APPLICANT
Payment(s)
C HECK 5979
Issued By Signature
111 111111 1,1 I II IIII II I IIIIII I l1I I 111111 111111
1
I 111111111 111
*2016-01163*
DATE ISSUED: 09/22/2016
TOTAL
Date
2,500.00
2,500.00
2,500.00
I I