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HomeMy WebLinkAboutItem 8 LA20-09 (2474 Carman Street) To: Chair Ressler and Planning Commission Members Dustin Rief, City Administrator From: Jeremy Barnhart, AICP Community Development Director Date: February 18, 2020 Subject: #LA20-09, Don Gamble o/b/o Richard A and Kim A Edwards, 2480 and 2474 Carman Street, Sketch Plan Background The applicant represents the two property owners of 2474 and 2480 Carman Street. 2474 Carman is west of 2480 Carman street, both have street frontage on Shoreline Drive. These lots are long and narrow, and their listed area (per Hennepin County) is 2 and 2.24 acres respectively, including a small inlet harbor type area. The lots are each improved with single family home on the portion of the lot south of the inlet. These homes are accessed via a private driveway off of Carman Street. They are the second and third lots off of this driveway (nonconforming). The portions of the lots north of the inlet are unimproved. It is the applicant’s goal to split the lots to facilitate two new building sites north of the inlet. The portion of the lots north of the inlet are heavily wooded. The west lot includes a wetland. Both lots drop off quickly from Shoreline Drive. There are rumors of debris buried within the property, though the city is not aware of any official findings or soil borings. The property is unique in that the portion of the lot south of the inlet is zoned LR-1B, and the portion north of the inlet is zoned LR-1C-1. The applicable lot areas and width are illustrated in the table below. Proposal The applicant proposes splitting both lots, creating two buildable lots north of the inlet, and two lots south of the inlet. The lots would be required to connect to municipal sanitary sewer. The applicant proposes access to the lot via a curb cut off of Shoreline Drive. The applicant has not provided information relative to the housing style or character. Application Summary: The applicant is requesting informal feedback on the proposed sketch plan for the two existing lots at 2480 and 2474 Carman Street Staff Recommendation: While no formal action is required, this memo will serve as a foundation for the Commissions discussion with the applicant to bring to light potential issues to be addressed prior to submission of a formal Preliminary Plat application. Planning Department Staff recommends the Commission provide feedback. FILE # LA20-000009 February 18, 2020 Page 2 of 3 Planning Staff Analysis LOT ANALYSIS WORKSHEET Lot Analysis Area Required Width Required Conforming? Notes West Side (2474 Carman Street) North of Inlet (LR-1C-1) 0.93 .5 acre 136' 100' Yes Width is measured only at lake, wetlands may reduce lot area South of Inlet (LR-1B) 0.66 1 acre 124' 140' No, Lot area and width Width is measured only at lake East Side (2480 Carman Street) North of Inlet (LR-1C-1) 1.02 .5 acre 121' 100' Yes Width is measured only at lake South of Inlet (LR-1B) 0.64 1 acre 155' 140' No, Lot area Width is measured only at lake Due to the configuration of the lots, and the shoreline, the two lots south of the inlet cannot meet the lot area requirements unless they are combined. The Planning Commission and City Council will have to support variances for the lot size (and lot width for 2474 Carman) to create four lots. Engineer Comments The proposal was shared with Hennepin County transportation, as they control Shoreline Drive (County Rd 15) Their comments were: • If the watershed district concludes there to be developable land here, our 1st recommendation would be to pursue an access easement to the east (commercial parcel). With the high crash rates and nearly 20,000 vehicles per day along this segment of Shoreline Dr we need to avoid direct access when we can. If an easement proves not to be a viable option, will need to combine two sites into one shared access. • Access should be between Navarre and the existing remnant curb cut app. 20’ to the east. Most importantly would be ensuring adequate sight distance and maintaining a positive offset for opposing left turns (with EB left turns @ Navarre) as we recently restriped (2019 overlay) this segment into a shared center left-turn lane • Driveway needs to have level landing to allow for optimal sight distance • Need to have site grading avoid need for any retaining walls along Shoreline Dr • If/when replatting we will require right-of-way dedication to match a 45’ half section (33’ half ROW today). • Please submit a drainage report when available. Public Comments To date, no public comments have been received. FILE # LA20-000009 February 18, 2020 Page 3 of 3 Issues for Consideration 1. Does the Planning Commission have any concerns with the layout? 2. In the Planning Commission comfortable with the proposed variances necessary? Planning Staff Recommendation Planning Staff requests feedback. List of Exhibits Exhibit A. Application Summary Exhibit B. Subject Parcels Exhibit C. Sketch Plan (3 pages) Exhibit D. Narrative Exhibit E. Wetland information Exhibit F. Staff comment letter 1-14-2020 Land Use Application Summary Application Date:01/22/2020 Address:2480 CARMAN ST WAYZATA, MN 55391 Parcel Number:2011723120028 Land Use Number:LA20-000009 Application Submitted By:Agent on behalf of property owner Owner:Name: RICHARD A EDWARDS Address: KIM A EDWARDS 2480 CARMAN ST WAYZATA, MN 55391 Applicant:Name: Don Gamble Company: Address: 10704 Water Lily Lane Woodbury, MN 55129 Bgamble48@gmail.com Contact Information:Associated Contact: Associated Contact: Associated Contact: Associated Contact: Project Description:Lot Divisions Land Use Application Type: Amendmend Application Appeal of Admin Decision Concept Application Conditional Use Permit Site Plan Application Subdivision Application Subdivision Exception Vacation Application Variance Application Applicant Signature: BWSR Forms 7-1-10 Page 1 of 3 Minnesota Wetland Conservation Act Notice of Decision Local Government Unit (LGU) Minnehaha Creek Watershed District Address 15320 Minnetonka Blvd Minnetonka, MN 55345 1. PROJECT INFORMATION Applicant Name Bruce Edwards Project Name 2472 and 2480 Carman Street Orono (Northern Portion) Date of Application (09/01/2017) Complete (09/01/2017) Application Number W17-39 Attach site locator map Attach approved boundaries Type of Decision: Wetland Boundary or Type No-Loss Exemption Sequencing Replacement Plan Banking Plan Technical Evaluation Panel Findings and Recommendation (if any): Approve Approve with conditions Deny Summary (or attach): 2. LOCAL GOVERNMENT UNIT DECISION Date of Decision: 10/31/2017 Approved Approved with conditions (include below) Denied LGU Findings and Conclusions (attach additional sheets as necessary): Bruce Edwards applied for a wetland boundary & type confirmation for the wetlands located at 2472 and 2480 Carman Street (PIDs= 2011723120027 and 2011723120028) in the City of Orono, Hennepin County, Minnesota. Legal description: Section 20, Township 117N, Range 23W. The boundary & type approval was requested September 1, 2017 A wetland delineation was conducted by Kjolhaug Environmental Services on August 29, 2017. A complete delineation report and WCA application were submitted to MCWD on September 1, 2017. One wetland was delineated within the project area. Wetland 1 was identified as a Type 1, seasonally flooded basin. MCWD approves the wetland boundaries and types as documented in the delineation report submitted on September 1, 2017 and delineated in the field on August 29, 2017. This decision is valid for five years. A future project located on this property may require a permit from the MCWD. BWSR Forms 7-1-10 Page 2 of 3 For Replacement Plans using credits from the State Wetland Bank: Bank Account # Bank Service Area County Credits Approved for Withdrawal (sq. ft. or nearest .01 acre) Replacement Plan Approval Conditions. In addition to any conditions specified by the LGU, the approval of a Wetland Replacement Plan is conditional upon the following: Financial Assurance: For project-specific replacement that is not in-advance, a financial assurance specified by the LGU must be submitted to the LGU in accordance with MN Rule 8420.0522, Subp. 9 (List amount and type in LGU Findings). Deed Recording: For project-specific replacement, evidence must be provided to the LGU that the BWSR “Declaration of Restrictions and Covenants” and “Consent to Replacement Wetland” forms have been filed with the county recorder’s office in which the replacement wetland is located. Credit Withdrawal: For replacement consisting of wetland bank credits, confirmation that BWSR has withdrawn the credits from the state wetland bank as specified in the approved replacement plan. Wetlands may not be impacted until all applicable conditions have been met! LGU Authorized Signature: Signing and mailing of this completed form to the appropriate recipients in accordance with 8420.0255, Subp. 5 provides notice that a decision was made by the LGU under the Wetland Conservation Act as specified above. If additional details on the decision exist, they have been provided to the landowner and are available from the LGU upon request. Name Katherine Sylvia Title Permitting Program Lead Signature Date 10/31/17 Phone Number and E-mail (952) 473-2855 ksylvia@minnehahacreek.org THIS DECISION ONLY APPLIES TO THE MINNESOTA WETLAND CONSERVATION ACT. Additional approvals or permits from local, state, and federal agencies may be required. Check with all appropriate authorities before commencing work in or near wetlands. Applicants proceed at their own risk if work authorized by this decision is started before the time period for appeal (30 days) has expired. If this decision is reversed or revised under appeal, the applicant may be responsible for restoring or replacing all wetland impacts. This decision is valid for three years from the date of decision unless a longer period is advised by the TEP and specified in this notice of decision. 3. APPEAL OF THIS DECISION Pursuant to MN Rule 8420.0905, any appeal of this decision can only be commenced by mailing a petition for appeal, including applicable fee, within thirty (30) calendar days of the date of the mailing of this Notice to the following as indicated: Check one: Appeal of an LGU staff decision. Send petition and $0 fee (if applicable) to: Minnehaha Creek Watershed District 15320 Minnetonka Blvd Minnetonka, MN 55345 Appeal of LGU governing body decision. Send petition and $500 filing fee to: Executive Director Minnesota Board of Water and Soil Resources 520 Lafayette Road North St. Paul, MN 55155 BWSR Forms 7-1-10 Page 3 of 3 4. LIST OF ADDRESSEES SWCD TEP member: Stacey Lijewski – Stacey.lijeweski@hennepin.us BWSR TEP member: Ben Carlson—ben.carlson@state.mn.us LGU TEP member (if different than LGU Contact): DNR TEP Becky Horton – becky.horton@state.mn.us DNR Regional Office (if different than DNR TEP member): WD or WMO (if applicable): Applicant (notice only) and Landowner (if different): Bruce Edwards- barkedwards@yahoo.com Members of the public who requested notice (notice only): Melanie Curtis- mcurtis@ci.orono.mn.us; Andrew Krinke- andrew@kjolhaugenv.com Corps of Engineers Project Manager (notice only): Ryan Malterud— ryan.m.malterud@usace.army.mil BWSR Wetland Bank Coordinator (wetland bank plan applications only) 5. MAILING INFORMATION  For a list of BWSR TEP representatives: www.bwsr.state.mn.us/aboutbwsr/workareas/WCA_areas.pdf  For a list of DNR TEP representatives: www.bwsr.state.mn.us/wetlands/wca/DNR_TEP_contacts.pdf  Department of Natural Resources Regional Offices: NW Region: Reg. Env. Assess. Ecol. Div. Ecol. Resources 2115 Birchmont Beach Rd. NE Bemidji, MN 56601 NE Region: Reg. Env. Assess. Ecol. Div. Ecol. Resources 1201 E. Hwy. 2 Grand Rapids, MN 55744 Central Region: Reg. Env. Assess. Ecol. Div. Ecol. Resources 1200 Warner Road St. Paul, MN 55106 Southern Region: Reg. Env. Assess. Ecol. Div. Ecol. Resources 261 Hwy. 15 South New Ulm, MN 56073 For a map of DNR Administrative Regions, see: http://files.dnr.state.mn.us/aboutdnr/dnr_regions.pdf  For a list of Corps of Project Managers: www.mvp.usace.army.mil/regulatory/default.asp?pageid=687 or send to: US Army Corps of Engineers St. Paul District, ATTN: OP-R 180 Fifth St. East, Suite 700 St. Paul, MN 55101-1678  For Wetland Bank Plan applications, also send a copy of the application to: Minnesota Board of Water and Soil Resources Wetland Bank Coordinator 520 Lafayette Road North St. Paul, MN 55155 6. ATTACHMENTS In addition to the site locator map, list any other attachments: © OpenStreetMap (and) contributors, CC-BY-SA Figure 1 - Site Location Edwards Property (KES 2017-035)Orono, Minnesota Note: Boundaries indicatedon this figure are approximate and do not constitute an official survey product. ¯0 300 Feet Source: ESRI Streets Basemap Site Location 936 948 934946944942 940938950 932 952 954 928 930 956958 960962 964966968 970 972934948 9 3 4 Figure 2 - Existing Conditions Edwards Property (KES 2017-035)Orono, Minnesota Note: Boundaries indicatedon this figure are approximate and do not constitute an official survey product. ¯0 75 Feet Transect Drainageway Approximate Wetland Boundary 2ft Lidar Contour Source: MnGeo, ESRI Imagery Basemap Wetland 1 January 14, 2020 Don Gamble III VIA EMAIL Bgamble48@gmail.com Re: 2474 and 2480 Carman Street Mr. Gamble, Thank you for submitting plans showing a proposed subdivision of the lots at 2474 and 2480 Carman Street. Your proposal shows 5 lots on the north side of the lagoon. It is assumed that the proposal retains the two houses on the south side of the lagoon as two separate parcels. In subdivisions, all created lots must meet the zoning requirements, or variances must be requested and granted. Please be advised that the City Council does not typically grant variances for subdivisions. Further, any existing non-conformities (driveway configuration) are often expected to be resolved. My comments are intended to provide guidance as you consider your next steps. 1. Zoning. The subject properties are unique, in that they both extend from Shoreline Drive south, over a lagoon, then onto Lake Minnetonka. The portion of each lot north of the lagoon is zoned LR-1C-1, and the portion south of the lagoon is zoned LR-1B. The lot area/ width, and setbacks for each zone are as follows: LR-1C-1 LR-1B Area 0.5 acres 1.0 acres Width 100 140 Lake Setback 75 75 Side Setback 10 10 Rear setback 30 30 Based on the unscaled plans provided, the lot sizes are as follows: You will need to show that each lot has a building site that conforms to these setbacks. The lot areas noted above are assumptions based on the plans received January 13, 2020 and ignore possible wetlands/ slopes, etc. that may reduce the calculable lot area: In urban areas served by sanitary sewer, each lot must contain contiguous dry buildable land equal to the minimum areas as prescribed in chapter 78 or half-acre, whichever is less (exclusive of public and private rights-of-way, vehicular or pedestrian easements, surface areas below the ordinary high water mark of any surface water wetlands or areas at or below the floodplain elevation for a specific property), and have legal access to the building site without encroachment of a wetland or floodplain area. Dry buildable land is also defined in the city code as land area occurring within the property lines of a parcel or lot, excluding drainage-ways, flowage areas, floodplains, wetlands, marshland or slopes of 18 percent or greater. Your engineer can confirm, but it appears that a substantial portion of 2474 Carman includes wetlands and the southern parcels cannot meet the lot area requirements when water area, floodplains, and wetlands are excluded. Variances will be required. 2. Access/ roads. The road from shoreline providing access to the lots will need to be within a 50 foot wide outlot (for a private road). The paved surface will need to be 24 feet wide. The road will need to terminate in a cul de sac. The County will need to approve the intersection location. I’m sure the County will confirm, but the road should line up with Navarre Avenue on the north side of Shoreline. The remaining parcels (south of the lagoon) do not have frontage on a public or private street. The shared driveway serving 2470, 2474, and 2480 Carman Street will need to be improved to city standards as a private street (50 feet of right of way, and a paved surface of 24 feet). The end of this road will need to include a cul de sac. 3. Utilities. All lots will need to be served by the Sanitary sewer system. Utility trunk lines, if not at the property, will need to be extended to the property at the developers expense. Stormwater management will be necessary for a lot with 7 lots. Area Width Conforming?Notes West Side Lot 1 14000 100 No, Area Width is measured at the narrowest street frontage Lot 2 23746 131 Yes Remainder property 29920 121 No, Width and Area 1 acre, 140 width East Side Lot 1 10000 100 No, Area Width is measured at the narrowest street frontage Lot 2 10000 100 No, Area Lot 3 21300 121 No, Area Remainder Property 33000 160 No, Width and Area 1 acre, 140 width Lot Analysis 4. Conservation Design. This project will require a conservation design plan. The applicable regulations can be found here. The northern sites are heavily wooded, the conservation design plan should identify tree removal boundaries, including the identification of substantial trees. You have the right to apply for a subdivision. It is recommended that you initiate a sketch plan application, where you can receive Planning Commission, and if desired, Council feedback. The next deadline for a sketch plan submittal is Wednesday, January 22nd. Your plans should be to scale, and complete enough to adequately demonstrate your proposal. You will submit your application online, through the city’s application portal. Staff will not support variances that result in the creation of substandard lots. In advance of making a formal sketch plan application, I would visit with the Hennepin County transportation office regarding the access locations off of Shoreline and the Minnehaha Creek Watershed district for stormwater management and erosion control requirements. Please feel free to contact me at 952.249.4626 or by email at jbarnhart@ci.orono.mn.us if you have any questions on the above requirements or the subdivision process. Sincerely, CITY OF ORONO Jeremy Barnhart, AICP Community Development Director