HomeMy WebLinkAboutProject PacketMINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, October 27, 2014
7:00 o'clock p.m.
10.~ LAKESHORE HOLDINGS, LLC-2490 CARMAN STREET-VARIANCE-
RESOLtJTioN NO. 6458 .
McMillan noted the Council looked at this application two weeks ago and that the reason she did not want
this item on the Consent Agenda is that she would like one clarification on the resolution.
Curtis indicated Staff has reviewed Paragraph No. 5 on Page 3 of the resolution and that she can read the
suggested change Staff has come up with. Staff would suggest the paragraph be changed to read as
follows: "The applicant understands and is hereby put on notice that the City is not required to screen the
fire lane from adjacent properties. The City may institute measures to development approvals or other
means to preserve landscaping and regulate or remove encroachments which have the potential to
interfere with direct access by the public."
McMillan stated that change makes sense. McMillan stated she does not believe the applicant is here
tonight and that she does not know if that will be an issue.
Curtis stated the change goes to the intent of the changes that were discussed last time.
Mattick noted the change is not imposing any conditions on the applicant but is more of a statement of
what the City is or is not going to do with that area. Mattick stated the change makes it clear that the
public can use the area and that the City is not necessarily required to screen it, but it makes it clear that
the City will remove any encroachments if they should occur. Mattick stated it provides notice to the
applicant of what the City will or will not do.
McMillan commented this is the type of boilerplate language that could be used in future resolutions to
provide clarity to what can be done with the fire lanes. McMillan stated she would also like Staff to begin
work on placing some standard markers at the fire lanes and that perhaps the City could use recycled
green plastic that is approximately one foot high, which would be a subtle visual marker.
Levang stated the markers do not necessarily need to be accompanied by any signage but could serve to
simply identify the fire lanes.
McMillan suggested the markers be discussed in a -future work session and that she would like to continue
to work on clarifying the fire lanes in the City.
Mack stated the Public Works Department has indicated they would be able to mark'those locations with
the GPS so that if in the future a question arises, the City can go back out and verify the boundaries.
Page 9 of 32
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, October 27, 2014
7:00 o'clock p.m.
(10 . #14-3689 LAKESHORE HOLDINGS, LLC -2490 CARMAN STREET -VARIANCE -
RESOLUTION NO. 6458, Continued)
Levang moved, Printup seconded, to adopt RESOLUTION NO. 6458, a Resolution Granting
Variances froni Orono Municipal Code Sections 78-330; for the property located at 2490 Carman
Street, with Paragraph No. 5, Page 3, being amended to read as follows: "The applicant
understands and is hereby put on .notice that the City is not required to screen the fire lane from
adjacent properties. The City may institute measures to development approvals or other means to
preserve landscaping and regulate or remove encroachments which have the potential to interfere
with direct access by the public." VOTE: Ayes 3, Nays 0.
#14-3691 SOURCE LAND CAPITAL, 405 NORTH ARM DRIVE-PRELIMINARY
ajkrzak, Source Land Capital, was present.
Steve Grittm Consulting City Planner, stated before the City Council tonight is the pre · ary plat
application for t akeview Golf Course and it is essentially the same information tha as presented to
the Planning Co ion last Monday.
Grittman stated as it relat to the status of the project, the Comprehensive Plan endment, which
started la~t fall and was appr ed by the City Council in January, was initiall n the Metropolitan
Council agenda for May of 201 During that period of time, a determinat· was made to proceed with
an Environmental assessment War eet for the project and the City sub quently requested that the
Metropolitan Council table action unt ompletion of the EA W proce . In September of 2014, the City
Council made a negative declaration on Environmental Assess t finding no potential for significant
environmental impacts and further finding t t no Environmenta pact Statement was required. The
Comprehensive Plan Amendment is currently eduled for day, November 3, 2014.
The Planning Commission held public hearings in S te er and October on the preliminary plat and
voted 7 to Oto recommend approval of the preliminary at subject to the recommendations contained
with the staff report. The Planning Commission also eco ended the developer to be given flexibility
with regard to the location of required boulevard s and tha e proposed park outlot parcel presented
as a "privately owned public space" be included · the plat.
The gross acreage of the parcel is approxim ly 148 acres, with some · ht or nine acres of that area
being platted as outlots to accommodate t private streets. As a result, th ite ends up with
approximately 128 acres of lot area int plat. The applicant is showing 46 °le-family residential lots.
Two outlots would be reserved for ot ruses. One outlot along County Road 1
in the future be platted as a single-ily lot that would not technically be part of Lakeview
development. There is also an o ot along North Arm that is being considered for a k consisting of
approximately 4.5 acres. That tlot was originally shown on the concept plans as a pot
development lot, but if the :g liminary plat is approved tonight, it would converted to a p
--------''"'--------------Page 10 of 32
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, October 13, 2014
7:00 o'clock p.m.
#13-3615 3384-3386 SHORELINE DRIVE (CUP FOR THE NARROWS) -MINOR§ TE
N AMENDMENT, Continued)
d one of the issues in the past is that the resolution approves the plans as sented and does
not provide m leeway to Staff. Mattick stated he would encourage the City Co cil to approve it
tonight and bring revised resolution back to the next meeting.
Levang moved, Printup onded, to direct Staff to draft appropriat -evisions to Resolution No.
6353 for the Narrows Saloon, 384-3386 Shoreline Drive, minor c ditional use permit
amendment/confirmation of com ·ance with intent. VOTE: es 4, Nays 0.
Bremer moved, Printup seconded, to adopt NO. 6450, a Resolution Approving a
Subdivision of a Lot Line Rearrangemen or the propertie ocated at 1700 Shoreline Drive and
1100 Millston Road. VOTE: Ayes 4, ys 0.
*6. #14-3688 APPLIE COLOGICAL SERVICES , 520 , 550 AND 6 ONKA WA ROAD -
CONDITIONAL USE .Jr",,n,n,u.T/WETLAND ALTERATION -RESOLUTIO
Bremer moved intup seconded, to adopt RESOLUTION NO. 6451, a Resolution Gr ting a
Condition se Permit Pursuant to Municipal Zoning Code Section 8-967 and 78-1610, fo he _
ocated at 520, 550, and 630 Tonkawa Road. VOTE: Ayes 4, Nays 0.
7. #14-3689 SVEN GUSTAFSON, 2490 CARMAN STREET-VARIANCE-RESOLUTION
WAS APPROVED BUT TABLED FOR CHANGES
Curtis stated the property is located in the LR-lB zoning district and abuts an undeveloped 30-foot street
right-of-way or fire lane. The right-of-way is considered a side street for the purpose of measuring
setbacks and a 35-foot setback is required. The neighboring property on the west side of the right-of-way
is within the one-half acre zone and is subject to a 15-foot setback.
The applicant is requesting a setback variance to permit a 15-foot setback where a 35-foot setback is
required in conjunction with the construction of a new residence. The lot line rearrangement approval
granted to this property and the property to the east was conditioned upon the property owner providing
an easement to the property to the east. The driveway easement and lot line rearrangement resolution
have been recorded.
On September 15 , the Planning Commission voted 7-0 to recommend approval of the requested setback
variance. During the public hearing there was a question raised regarding the location of trees located
along the common lot line. The applicant has provided a survey showing the trees are located on their
property and not within the right-of-way . The trees are also located outside of the 0-75 foot zone.
Page 5 of 21
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, October 13, 2014
7:00 o'clock p.m.
(7. #14-3689 SVEN GUSTAFSON, 2490 CARMAN STREET-VARIANCE -RESOLUTION
WAS APPROVED BUT TABLED FOR CHANGES, Continued)
Staff recommends approval of the request and a resolution is before the City Council tonight granting the
setback variance.
Levang noted there is a willow tree near the lake and asked whether that is a tree located within the right-
of-way.
Curtis indicated she cannot answer that. Curtis displayed the survey on the overhead.
Levang noted there are no markers in that area; which makes it difficult to tell.
Eric Mercer, Builder, stated they are not planning on doing anything with the willow tree and that to his
knowledge it is at the end of the fire lane but that he is not sure whose property it is on.
McMillan stated she would like the City to think about protecting the City's fire lanes in their resolutions .
McMillan noted in the past there have been issues with people who build next to a fire lane or encroach
into a fire lane and that this is an opportunity to spell out what the fire lane is used for and how it is
expected to be left open to the public . McMillan noted there was a dock located at this access at one time
and that the neighbors did speak at a Park Commission meeting about how they would like the dock
reinstalled. The City has since reinstalled the dock. McMillan stated in her view the access should be
protected for the neighborhood .
McMillan indicated she is okay with the variance but that she would like the fire lane addressed in the
resolution.
Levang noted the City Council has discussed different fire lanes on a number of occasions in the past and
how they are not distinguishable from the neighboring properties. Levang stated when there is a survey
completed, the City has an opportunity to update the markers and that the City should take advantage of
the situation and put in some type of marker or identifier since the neighborhood uses it.
Bremer noted this is a fire lane that was sodded in the past couple of years by the City. While that was a
big improvement in the appearance of the fire lane, it also creates some confusion about the fire lane and
whether it is a side yard.
Bremer asked if Council Member Levang was concerned about the health of the willow tree .
Levang stated she was wondering whether the willow tree would be impacted by the construction.
Levang asked if it is the intention of the applicant to retain the trees .
Tom Flint, Architect, stated their intent is to retain as many trees as possible but that it is likely they will
lose two of the trees.
McMillan stated if the trees are replanted, they should not be planted on the property line next to the fire
lane and that they should be planted several feet away from it.
Page 6 o f 21 ------------------
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, October 13, 2014
7:00 o'clock p.m.
(7. #14-3689 SVEN GUSTAFSON, 2490 CARMAN STREET -VARIANCE -RESOLUTION
WAS APPROVED BUT. TABLED FOR CHANGES, Continued)
McMillan asked if the City can determine the exact boundaries of the fire lane so it can be recorded
without installing physical markers.
Curtis indicated Staff would be able to identify the boundaries with GPS.
McMillan stated she would like Staff to do that.
Levang asked if there is a landscaping plan.
Curtis stated the Planning Com.mission did not require one since the trees were outside the 0-75 foot zone.
Levang asked what type oflandscaping they are proposing for that area.
Tom Flint stated they have not decided on that at this point and that they are still in the early stages of the
design.
Levang asked if the house entrance is on that side.
Flint stated it is the entrance to a porch. Flint pointed out the location of the front door.
Mack stated in his opinion the City Council could require a landscape plan prior to the issuance of a
building permit to ensure that there are no planting of trees or landscaping within or in close proximity to
the fire lane. Mack stated the City Council could specify a certain distance from the property line.
Levang stated she would like to do that.
McMillan asked whether language regarding the public access should be added to the resolution .
Mattick stated the applicant is requesting a variance to come closer to the fire lane, which is something
that is used by the public, and that the applicant is being put on notice tonight that they should not
encroach into the fire lane or obstruct the public's use of that fire lane. Mattick stated the City 's
Comprehensive Plan does talk about the importance oflake access points and some language could be
included in the resolution of the purpose, intent, and spirit of the Comprehensive Plan in addition to the
condition that no structures or items are placed within the fire lane.
McMillan stated she would also like to add language regarding maintenance of the fire lane and what is
allowed and not allowed.
Gaffron noted the City 's Code requires that the neighboring properties maintain them to some degree but
that it is not specified exactly what should be done.
McMillan noted that the fire lanes vary in topography , which makes it more difficult to specify in the City
Code what should be done.
Page 7 of 21
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, October 13, 2014
7:00 o'clock p.m.
(7. #14-3689 SVEN GUSTAFSON, 2490 CARMAN STREK/'-VARIANCE..,. RESOLUTION
WAS APPROVED BUT TABLED FOR CHANGES, Continued)
Mattick stated the City Council would probably want to rely on its code to describe the type of
maintenance that should occur in a fire lane. Mattick stated the City could review it at some point to
ensure it is being properly maintained but that there is also the possibility the City may change what that
access looks like, at which point a condition that the fire lane be mowed would not make sense any
longer.
McMillan stated it is important to explain why the fire lanes are important.
Bremer suggested the language be included on Page 2 under Council findings. Bremer stated the
language has to be instructive to whoever is looking at the resolution.
McMillan asked when the Council did the lot line rearrangement, whether Staff was aware there would be
a request for a setback variance.
Curtis stated the applicants had indicated they would likely come in with a variance request but that there
was not an application at that time .
Levang asked Mr. Mercer ifhe understands their responsibilities.
Mercer indicated it is close to what they expected.
McMillan stated if the neighbor and the applicant feel the willow tree should be trimmed up, perhaps they
could work with Staff on that.
Levang moved, Printup seconded, to direct Staff to draft an approval resolution granting Variances
from Orono Municipal Code Section 78-330 for the property located at 2490 Carman Street, with
direction to Staff to work out appropriate language regarding the fire lane. VOTE: Ayes 4 , Nays 0.
8. #14-3690 TONKA LAKE PROPERTIES, LLC, 1565 ORCHARD BEACH PLACE
(PID 07-117-23-43-0026), VARIANCES AND CONDITIONAL USE PERMIT
Gaffron stated this is a request for a number of variances and conditional use permit for construction of a
house on a vacant lot. The following variances are being requested:
1. Lot area variance to allow construction on a lot consisting of 9 ,641 square feet where 43,560
square feet is required.
2. Lot width variance to allow construction on a lot 83 feet defined width where 140 feet is required.
3 . Rear setback variance to allow a rear setback of 12.9 feet where 30 feet is required .
4. Side street setback variance to allow an east side street setback of 25.4 feet where 35 feet is
required.
Page 8 of 21 ------------------
Date Application Received: 08/20/14
Date Application Considered as Complete: 09/08/14
60-Day Review Period Expires : 11/07 /14
REQUEST FOR COUNCIL ACTION
Department Approval: li1 A f /Administrator Approval :
Name: Melanie Curtis f Vlf/
Title: Planner ,
Item Description:
#14-3689, Sven Gustafson, 2490 Carman Street -Variance -Resolution
Zoning District: LR-1B, One Family Lakeshore Residential, 1.0 acre/140'
Lot Area: 25,500 square feet (0 .58 acre)
Lot Width: 99' at the OHWL & 99' at the 75' setback
List of Exhibits:
Exhibit A.
Exhibit B.
Exhibit C.
Draft Resolution
Council Report & Exhibits 09/29/14
Draft Council Minutes 10/13/14
Application Summary:
Date: 22 October 2014
Item No. /0
Agenda Section:
This application for a side, street setback variance was before the Council at the October 13 th meeting. The
Council was in favor of approving the request to allow a new home to be constructed 15-feet from the
adjacent undeveloped City right-of-way where a 35 -foot setback is required, however the application was
tabled with a 4 to 0 vote in order to allow for staff to revise the resolution language to reinforce the public
nature of the fire lane . Those changes have been made.
Planning Commission Recommendation
On September 15th the Planning Commission voted 7 to Oto recommend approval of the variance to allow a
15-foot setback from the fire lane .
Planning Staff Recommendation
Planning Staff recommends approval; a revised resolution has been provided as Exhibit A.
COUNCIL ACTION REQUESTED
The Council should consider adopting or amending the attached approval resolution .
A RESOLUTION
GRANTING VARIANCES
FROM ORONO MUNICIPAL CODE
SECTIONS 78-330
FILE NO. 14-3689
Council
Exhibit A
WHEREAS, Eric J. Mercer and Jeremie D. Mercer, a married couple,
(hereinafter "Applicants") are the owners of the property .located at 2490 Carman Street
within the City of Orono (hereinafter "City") and legally described as: Lots 10 and 11, Block
1, Navarre, and that part of Lot 5, Block 1, Lehman Lagoon, lying West of the Northerly
extension of the East line of Lot 10, Block 1, Navarre, Hennepin County, Minnesota;
Abstract and Torrens (Certificate of Title No. 1393262), (hereinafter "the Property"); and
WHEREAS, the Applicants have made application to the City for a variance
from Orono City Code Section 78-330 which requires a 35-foot side street setback to permit
construction of a new residence 15 feet from the side street property line; and
WHEREAS, after due published notice and mailed notice in accordance with
Minnesota Statutes and the Orono, Minnesota, City Code, the Orono Planning Commission
held a public hearing on September 15, 2Q14, at which times all persons desiring to be heard
concerning this application were given the opportunity to speak thereon.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application vvas reviewed as Zoning File #14-3689.
2. The Property is located in the LR-1 B zoning district, where 1.0 acres is the
minimum lot area and 140 feet is the minimum defined lot width.
3. The Planning Commission reviewed this application on September 15, 2014,
the Planning Commission voted 7 for and O against on a motion to approve
the setback variance for the new home based on the following findings.
a. The Property has approximately 25,500 square feet (0.58 acre) acre in
area and has 99 feet in width at the OHWL and 99 feet at the 75-foot
setback.
b. The Property is located in Tier 1 of Orono's Stormwater Quality
Page 1 of 5
Overlay District and is limited to 25% hardcover based on gross lot
area.
c. The Applicants' proposal results in a total of 6,368 square feet or
24.9% hardcover where 25% is the maximum permitted.
d. The Applicants' proposal results in 3,500 square feet of structure or
13. 7% where 15% is the maximum permitted.
e. The new home is proposed to be .constructed 15 feet from the
unplatted adjacent right-of-way, where a 35-foot setback is required.
f. The home on the west side of the undeveloped right-of-way is located
in the LR-1 C zoning district and is setback 15 feet from the right-of-
way. The Applicants' proposal is consistent with that existing
condition.
g. The variance\ to allow a 15-foot side street setback will alleviate a
practical difficulty inherent to the Property's width and not created by
the Applicants.
h. The Applicants' request will not alter the essential character of the
neighborhood and will result in minimal negative impact on adjacent
properties.
i. The Applicants' request is in harmony with the purpose and intent of
the ordinance.
j. The Applicants' proposal is consistent with the comprehensive plan.
k. The Applicant has requested a 15' setback from the City's street where
a 35' setback is required. The City's street, which is currently
undeveloped, and is often times referred to as a "fire lane" is used by
the public to access Lake Minnetonka. The Applicant is requesting to
builc:J a home 20' closer to the fire lane than is allowed by the City
Code. The Applicant understands and is hereby put on notice that the
City:
1) Values public access to Lake Minnetonka and has identified
public access through fire lanes as a priority in the Orono
Community Management Plan (see Lake Access Preservation
and Management),
Page 2 of 5
2) Plans to keep the fire lanes open to the public,
3) May actively promote the use of fire lanes, through signage,
demarcation, or other means,
4) May further develop fire lanes to enhance or increase the level
of public access to Lake Minnetonka. Examples of
development of the fire lane include, but are not limited to,
installing sidewalks, paving a trail or road, adding benches or
other amenities and etc. within.the fire lane,
5) Is not required to screen th.e fire lanes from adjacent properties,
and may institute measures through development approvals or
other measures to preserve landscaping and other
encroachments which have the potential to interfere with direct
access by the general public.
4. The City Council has considered this application including the findings and
recommendations of the Planning Commission, reports by City staff,
comments by the Applicants and the puolic, and the effect of the proposed
variances on the health, safety and welfare of the community as well as the
impact on properties in the vicinity.
5. The City Council finds that the conditions existing on this Property are peculiar
to it and do not apply generally to other property in this zoning district; that
granting the variance would not adversely affect traffic conditions, light, air nor
pose a fire hazard or other danger to neighboring property; would not merely
serve as a convenience to the Applicants, but is necessary to alleviate a
practical difficulty; is necessary to preserve a substantial property right of the
Applicants; and would be in keeping with the spirit and intent of the Zoning
Code·and Comprehensive Plan of the City.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon the above findings, the Orono City Council hereby grants a variance from Orono
City Code Section 78-330 which requires a 35-foot side street setback to permit construction
of a new residence 15 feet from the side street property line; subject to the conditions listed
below:
1. Council approval is based on the survey and building plans submitted by the
Applicants and annotated by City staff, attached to this Resolution as Exhibits A & B.
Any amendments to these plans may require further Planning Commission and City
Council review.
Page 3 of 5
2. There shall be no hardcover installed within 75-feet of the OHWL of Lake Minnetonka
on the north or south of the Property.
3. Hardcover shall not increase above 25% as allowed in Tier 1. Any changes to the
plans or the Property which result in an increase in hardcover above the approved
level will require further Planning Commission and City Council review and a new
variance request.
4. The Applicant shall not install or construct struQtures or other obstructions within the
City's right-of-way, and shall not plant landscape improvements within the City's right-
of-way nor so close to the right-of-way as to create a future encroachment.
5. 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
construction and commencing construction of said project. A framing inspection must
be completed within one year of the date of Couhcil approval, or the variances will
expire on that date (October 27, 2015).
6. 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 niisdemeanor.
7. The undersigned Applicants have read, understood and hereby agree to the terms of
this resolution· and on behalf of their heirs, successors and assigns, hereby agree to
the recording of this resol.ution in the chain of title of the Property.
Adopted by the Orono City Co.uncil on this 27h day of October, 2014.
Page 4 of 5
ATTEST:
Rachel Dodge, City Clerk
Property Owners
STATE OF MINNESOTA
COUNTY OF HENNEPIN
Lili Tod McMillan, Mayor
This instrument was acknowledged before me this,,....--day of ______ _
2014 by Eric J. Mercer, husband of Jeremie D. Mercer.
STATE OF MINNESOTA
COUNTY OF HENNEPPIN
Nptary Public
This instrument was acknowledged before me this __ day of ______ _
2014 by Jeremie D. Mercer, wife of Eric J. Mercer.
Notary Public
Page 5 of 5
PARCEL 2
HARDCOVER I
EXISTING I
PROPOSED INGRESS AND EGRESS EASEMENT PARCEl 2 I I >-i
DRIVE = 2220 SF I t:i,
PVRWK = 266 SF I j 0::1
TOTAL m 2486 SF /12.5" EXIST. PARCEL I 1-1
(9.75 " PROPOSEO PARCEL) I I (111
over thot P?fl of Lot 10, Block 1, Navarre, ond Lot 5, Block 1, Lehman's
Lagoon which fies J.t. feet southwesterly of and poroRel with o line run from
the northeast corner of said Lot 10, to the northwest corner of said lot 5,
ond there terminating
PROPOSED , I I ~
HOUSE = 3500 SF 1,-I~
DRIVE = 2600 SF I ~~, 1'->-
;~?Ls== 'fJo s;F
1 1~r21h/ i1}1
TOTAL = 6368 SF/ 24.9% I j'«I• ~
I I ~Vi rsA --------' r'l i' 1 r.4-~
FREDERICK ~ , ;4'C ' _ ,;1. ~ t _0Rd
STREET ~-=-~H r,I :'-. I
REMOVE EXISTING DRIVE ro-:; ,._ --1 k0
EAST EDGE OF EXISTING I '
ROADWAY ON CARMAN STREET --I-I -I
RETAINING WALL MIMIMUM 5 --r '-
FffT FROM PROPERTY LINE I ii!: c,11
NOTE-UT/LITYS SHOWN ARE PER I /'l:N
FIELD LOCA T/ONS AND CITY PLANS I / ~ '<>/
(VERIFY ALL LOCA T!ONS) ~ 9455 /~ / \ = , ef .. i0' ', I\= \
/I b',. _ , ,,--,-, \ I ' . /w ,. I ' ' \
---
EXISTING
HOUSE
I tZi b SI // -44/%:t!4211 ' --~ I ,w cc J / ltlY' . 'S / ,,,. EXISTING <;-~\.. l ' 'a,tr'r"" I DECK I ,1g=g,;i!: / /PROP,OSEiJ 1c. HOUSE 150\-1'1< ' I ', '---=-=-'
EXISTING
HOUSE
1/ en z1 'I: / l.£RCER ;f. I ~I /2470 _ ~ I I__ ----
/l F <:, I ut,,,,9.1 o 1P~ x vs.= ~ ------,,:; .... --\ ,/
I /1 -l"i. / I ,i:'_ -~,--/~/~
, I / I ;'<f. S / d \, / ~,--_; / _ l
v O / HoUSE / I• ~ 9395 -1--~-,
0~01J/ IJ-&d -~j / :. ~ -,✓' , ' -~.r <{ oi' 0 / / , ,/ ,
.-, w,r;: I,,--------✓ ,,
(. /~/ '/ 11::> .,. V, \" // .-_,,,. I \ ,,~ ----~ ...------
1;:: ~kl,-.'l61/" ~".:""-gs.B4 l~' ---••' ;::;--~-------
PJrS I ,,,-~-/ ~ ,.-·-·.,, ,.,..,_-~-', .,.-_..,, _.,,,. ' '? ---------
1 JO/ ~,,.:..-,,.:-510 --~._,.,k·~ ~~t ~ ----
0 ~fa
I ";
lt-..1"-..J SCALE,...,-~,
90 1 .,-flr/ -~, -~~··\_.v /' ,,,,
::I I ! ,..---:__,_........-.,...--\.V ... ~~~ -~----
3 1 /' · ~o_,o?'-( ,, FEET I ox ,,,s,i>_,,,,.-, ,,. -.... \.,,1/~?1/ .I).-/
~., = EXISTING SPOT ELEVATION. I ..-,.,,--?::;,;,,-,,,,.,.✓ I .-,</ .,,,,,
X(99B,O)= PROPOSED SPOT ELEVATION I ~"' ,,.--929·~ Nf<A
_ ..... = DIRECTION suRFACE DRAINAG9 ,,.,,.,,. o~'II Nl'.'jO
COH = CANTILEVERED OVERHANG ,,. 1v11N i:-
g~ :: i:::~~A~L~~,~~E~~~ION Alff
TFE = TOP OF FOUNDATION ELEVATION \_.
LFE = LOWEST FLOOR ELEVATION
PROPOSED ELEVATIONS
GARAGE FLGOR= 942,5
MAIN FINISH FLOOR = 944,85
TOP OF FOWOATION = 942.8 {VARIES}
LOWEST FLOOR=934,0
66% OF PER,lfETER FOOTPRINT OF
BASEMENT IS WITHIN 6 FEET
(938.85) OF MAIN FLOOR ELEVATION {944,85)
PARCEL 2
NO ADDRESS ASSIGNED
PID NO 201172312009
EXISTING LEGAL DESCRIPTION
THE NORTH 62 FEET OF LOT 10,
BLOCK 1, NAVARRE.
AND PIO NO 2011723120010
LOT 11, AND THAT PART OF LOT 10
LYING SOUTH OF THE NORTH 62 FEET
THEREOF, BLOCK 1, NAVARRE,
AREA = 19900 SF
PROPOSED LEGAL DESCRIPTION
LOTS II ANO 10, BLOCK I, NAVARRE.
TOGETHER WITH THAT PART OF LOT 5,
BLOCK 1, LEHMAN"S LAGOON, LYING WEST
OF THE NORTHERLY EXTENSION OF LOT 10,
BLOCK I, NAVARRE.
AREA = 25500 SF / 6375 SF MAX HC
RECEIVED
SEP O 8 2014
CITY OF ORONO
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Date Application Received: 08/20/14
Date Application Considered as Complete: 09/08/14
60-Day Review Period Expires: 11/07 /14
REQUEST FOR COUNCIL ACTION
Council
Exhibit 8
Date: 29 September 2014
Item No.
Department Approval:, Agenda Section:
Name: Melanie Curtis
Title: Planner
Item Description:
#14-3689, Sven Gustafson, 2490 Carman Street-Vari ce -Resolution
Zoning District: LR-18, One Family Lakeshore Residential, 1.0 acre/140'
Lot Area: 25,500 square feet {0.58 acre)
Lot Width: 99' at the OHWL & 99' at the 75' setback
List of Exhibits:
Exhibit A.
Exhibit B.
Exhibit C.
Exhibit D.
Exhibit E.
Exhibit F.
Draft Resolution
Proposed Survey
Survey -Tree Locations
PC Report & Exhibits 09/11/14
PC Action Notice 09/16/14
Draft PC Minutes 09/15/14
Application Summary:
The subject property is located in the LR-18 zoning district and abuts an undeveloped 30-foot street right-of-
way or "fire lane". The fire lane is considered a side street for the purpose of measuring setbacks; a 35 foot
setback is required. The applicant is requesting a variance to allow a 15 foot setback from the fire lane for
construction of the new home. The property on the west side of the fire lane is subject to the LR-lC zoning
district requirement of a 15-foot side street setback. The applicant is requesting a setback variance to permit a
15-foot setback from the fire lane where a 35-foot setback is required in conjunction with construction of a
new residence .
Planning Commission Recommendation
On September 15th the Planning Commission voted 7 to Oto recommend approval of the variance to allow a
15-foot setback from the fire lane. There was one party present who spoke during the public hearing; please
refer to th~ draft planning commission minutes attached as Exhibit E for details regarding their testimony.
Planning Staff Recommendation
The lot line rearrangement approval granted to 2970 & 2490 Carman Street in August of this year was
conditioned upon the property owner providing an easement for access to the 2470 Carman property and
recording it against the properties. The driveway easement and lot line rearrangement resolution have been
recorded; copies of the recorded documents have been provided for City records.
Planning Staff recommends approval the requested setback variance resulting in a 15-foot setback from the
undeveloped right-of-way. A survey showing the locations of the trees are on the west side of the applicant's
property, not the fire lane, is also attached as Exhibit C.
COUNCIL ACTION REQUESTED
The Council should consider adopting or amending the attached approval resolution.
A RESOLUTION
GRANTING VARIANCES
FROM ORONO MUNICIPAL CODE
SECTIONS 78-330
FILE NO. 14-3689
Council
Exhibit A
WHEREAS, Eric J. Mercer and Jeremie D. Mercer, a married couple,
(hereinafter "Applicants") are the owners of the property located at 2490 Carman Street
within the City of Orono (hereinafter "City") and legally described as: Lots 10 and 11, Block
1, Navarre, and that part of Lot 5, Block 1, Lehman Lagoon, lying West of the Northerly
extension of the East line of Lot 10, Block 1, Navarre, Hennepin County, Minnesota;
Abstract and Torrens (Certificate of Title No; 1393262), (hereinafter "the Property"); and
WHEREAS, the Applicants have made application to the City for a variance
from Orono City Code Section 78-330 which requires a 35-foot side street setback to permit
construction of a new residence 15 feet from the side street property line; and
WHEREAS, after due published notice and mailed notice in accordance with
Minnesota Statutes and the Orono, Minnesota, City Code, th~ Orono Planning Commission
held a public hearing on September 15, 2014, at which times all persons desiring to be heard
concerning this application were given the opportunity to speak thereon.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #14-3689.
2. The Property is located in the LR-1 B zoning district, where 1.0 acres is the
minimum lot area and 140 feet is the minimum defined lot width.
3. The Planning Commission reviewed this application on September 15, 2014,
the Planning Commission voted 7 for and O against on a motion to approve
the setback.variance for the new home based on the following findings.
a. The Property has approximately 25,500 square feet (0.58 acre) acre in
area and has 99 feet in width at the OHWL and 99 feet at the 75-foot
setback.
b. The Property is located in Tier 1 of Orono's Stormwater Quality
Page 1 of 4
Overlay District and is limited to 25% hardcover based on gross lot
area.
c. The Applicants' proposal results in a total of 6,368 square feet or
24.9% hardcover where 25% is the maximum permitted.
d. The Applicants' proposal results in 3,500 square feet of structure or
13. 7% where 15% is the maximum permitted.
e. The new home is proposed to be constructed 15 feet from the
unplatted adjacent right-of-way, where a 35-foot setback is required.
f. The home on the west side of the undeveloped right-of-way is located
in the LR-1 C zoning district and is setback 15 feet from the right-of-
way. The Applicants' proposal is consistent with that existing
condition.
g. The variance to allow a 15-foot .side street setback will alleviate a
practical difficulty inherent to the Property's width and not created by
the Applicants.
h. The Applicants' request will not alter the essential character of the
neighborhood and will result in minimal negative impact on adjacent
properties.
i. The Applicants' request is in harmony with the purpose and intent of
the ordinance.
j. The Applicants' proposal is consistent with the comprehensive plan.
4. The City Council has considered this application including the findings and
recommendations of the Planning Commission, reports by City staff,
comments by the Applicants and the public, and the effect of the proposed
variances on the health, safety and welfare of the community as well as the
impact on properties in the vicinity.
5. The City Council finds that the conditions existing on this Property are peculiar
to it and do not apply generally to other property in this zoning district; that
granting the variance would not adversely affect traffic conditions, light, air nor
pose a fire hazard or other danger to neighboring property; would not merely
serve as a convenience to the Applicants, but is necessary to alleviate a
Page 2 of 4
practical difficulty; is necessary to preserve a substantial property right of the
Applicants; and would be in keeping with the spirit and intent of the Zoning
Code and Comprehensive Plan of the City.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon the above findings, the Orono City Council hereby grants a variance from Orono
City Code Section 78-330 which requires a 35-foot side street setback to permit construction
of a new residence 15 feet from the side street property line; subject to the conditions listed
below:
1. Council approval is based on the survey and building plans submitted by the
Applicants and annotated by City staff, attached to this Resolution as Exhibits A & B.
Any amendments to these plans may require further Planning Commission and City
Council review.
2. There shall be no hardcover installed within 75-feet of the OHWL of Lake Minnetonka
on the north or south of the Property.
3. Hardcover shall not increase above 25% as allowed in Tier 1. Any changes to the
plans or the Property which result in an increase in hardcover above the approved
level will require further Planning Commission and City Council review and a new
variance request.
4. Authorities granted by thi.s 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
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 (October 13, 2015).
5. 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.
6. The undersigned Applicants have read, understood and hereby agree to the terms of
this resolution and on behalf of their 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 13th day of October, 2014.
Page 3 of 4
ATTEST:
Rachel Dodge, City Clerk
Property Owners
STATE OF MINNESOTA
COUNTY OF HENNEPIN
Lili Tod McMillan, Mayor
This instrument was acknowledged before me this __ day of ______ _
2014 by Eric J. Mercer, husband of Jeremie D. Mercer.
STATE OF MINNESOTA
COUNTY OF HENNEPPIN
Notary Public
This instrument was acknowledg~d before me this __ day of ______ _
2014 by Jeremie D. Mercer, wife of Eric J. Mercer.
Notary Public
Page 4 of 4
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PARCEL 2 1
HARDCOVER I
EXISTING I I '
PARCEL 2 I til PROPOSED INGRESS AND EGRESS EASEMENT
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TOTAL = 2466 SF /12.5% EXIST. PARCEL I T 01
(9.75 :,; PROPOSED PARCEL) I I I
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DRIVE = 2600 SF ~<I~ 1
PATIO = 168 SF I i!i::el~~I
RWALLS = 100 SF I l~~J~•/ .~L. '~!\'
TOTAL = 6368 SF / 24.9% I I u~ /, ~1 I" 1
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NOTE-UT/L/TYS SHOWN ARE PER I /'es;;i/
FIELD LOCA T/ONS AND CITY PLANS I / <: ,
(VERIFY ALL LOCATIONS) Tlf 945,5 /,/
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66% OF PERillETER FOOTPRINT OF
BASEMENT IS WITHIN 6 FEET
over thot port of Lot 10, Block 1. Novorre, and Lot 5, Block 1, Lehman' s
Lagoon which lies 14 feet southwesterly of and paroHel with o line run from
the northeast corner of said Lot 10, to the northwest corner of said Lot 5,
and there terminating
PARCEL 2
NO ADDRESS ASSIGNED
PIO NO 201172312009
EXISTING LEGAL DESCRIPTION
THE NORTH 62 FEET OF LOT 10.
BLOCK 1, NAVARRE.
AND PID NO 2011723120010
LOT 11, AND THAT PART OF LOT 10
LYING SOUTH OF THE NORTH 62 FEET
THEREOF, BLOCK 1, NAVARRE.
AREA = 19900 SF
PROPOSED LEGAL OESCR/PT/ON
LOTS 11 ANO 10, BLOCK 1, NAVARRE
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BLOCK I, LEHMAN"S LAGOON, LYING WEST
OF THE NORTHERLY EXTENSION OF LOT 10,
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EXISTING
HOUSE
SCALE ,.-IN'-.,
PROPOSED INGRESS AND EGRESS EASEMENT
over thot part of Lot 10, Block 1, Navarre, and Lot 5, Block 1 Lehman's
Lagoon which lies 14 feet southwesterly of and paraHel with a li~e run from
the northeast corner of said Lot 10, to the northwest corner of said Lot 5
and there terminating '
PARCEL 2
NO ADDRESS ASSIGNED
PIO NO 201172312009
EXISTING LEGAL DESCRIPTION
EXISTING
HOUSE
THE NORTH 62 FEET OF LOT 10,
BLOCK 1, NAVARRE.
PROPOSED ELEVATIONS
GARAGE FLCOR= 942.5
MAIN FINISH FLOOR = 944.85
/
TOP OF FOUNDATION = 942.8 {VARIES)
LOWEST FLOOR=934.0
66% OF PER,'UETER FOOTPRINT OF
BASEMENT IS WITHIN 6 FEET
/ /
(938.85) OF MAIN FLOOR ELEVATION {944.85)
AND PIO NO 2011723120010
LOT 11, AND THAT PART OF LOT 10
LYING SOUTH OF THE NORTH 62 FEET
THEREOF, BLOCK 1, NAVARRE.
AREA = 19900 SF
PROPOSED LEGAL DESCRIPTiON
LOTS 11 AND 10, BLOCK 1, NAVARRE.
TOGETHER WITH THAT PART OF LOT 5,
BLOCK 1, LEHMAN"S LAGOON, LYING WEST
OF THE NORTHERLY EXTENSION OF LOT 10,
BLOCK 1, NAVARRE.
AREA = 25500 SF / 6375 SF MAX HC
RECEIVED
SEP O 8 2014
c\TYOFORONO
Council
Exhibit BI
3689
PARCEL 2 ~
\ \ . /_
I --. \ \ ;'41(';-JU
--.. i \ \ C ~ ----. -_ --.. N \
, ---------\~ C)\ \, ~ WE)'--a
I -<--I'.) ----Q:: • \ I ~ / ' IA II. HARDCOVER !"-_-._ P~-tvc £:'-1s; --. .__ \ ~ ~ \ \ \ / V/i
EXISTING l I -._ oc.~o~~c;i,7 "'--\-_ ~ , \ ~ L·
---/6 "°' s, ~ \ ·. I O r -_ ?._pg;,, . .__ ' ',_ -._ I '-·
PARCEL 2 l I f.=il j S 8 9 '48 . .__ -_,P,1' -\-... \ \ '' .. ) \ ---. ---___ --
DRIVE = ~220 SF I ! ~I I 91.0i ,./ 1---SMl-:l ~7 ·)---~~~::::-l-~~~ __?3 '1.5 10~ YFE --
PVRWK -266 SF T I SANITARY SEW'f_R LIFT Sffl 'f., -·-----:..-:-·--··------·-····· .. ---.. -·,··-····-='"'= TOTAL = 2486 SF 112.5% EXIST. PARCEL l 1:--, /--·--r-<---;-\--·-<---+ -----i.:< ,,______&,-\ --' ---------P
( ) 1 en! ; . _. 1 : I : r---,,, ~----, -'-5--------· ---s---· _ ~-9.75 % PROPOSED PARCEL I I · =«w '-'•' · '~'"·' '"'y"; ,.,,~. "'l;, '1 I / .T------\_ ------_;;r-
PROPOSED I I
1
; r,sfi 1 °,.¢0~<,<)\ ~\\~~ \. . _ \ 1 ory,i1NAGE --=--·AND __ ~_Tl~
HOUSE = 3500 SF I L :,"';,!)? , " ~(' --<'-. t O 11, 1 i /' 1 .z -;?v,.ri . ~1· ~ , 1 :rt-, , ,,,,~, , 1 \ r-/
DRIVE = 2600 SF , [<i:~I~~ i . i "' 1\ ..... ~ \ ~@ ' >''~ ~ \. 0 ,/ . I 2 "-l. o:; i ;,-1 ·· ''-V' ~ • 0 ,.~ ~ i ..... -0:... "'-1. • 0.::: .Y' V ~-\ ; _.-.-PA TIO = 168 SF ~~,~~i "-, <( \ . ~ _ t-_ 0
-\ di°"<. 1 \ \ /-
RWALLS = 100 SF I l~~l~m/ ~~f ,.~ ~tli \ -\---PRO/kOS£f2--IN6RE[ A
TOTAL = 6368 SF/ 24.9% ·1 I (_' / i u1J_ \ l"'-I \ i. :::'&·~ ,,-/ 1 £GR£'ss<C-A C'CA,ICN,,_T-----....__
0
I .30 1 )"'.(()! 1/ f"--, ~ \ ,v NR' \J / 1 4=,(_ JC.IV/Li
. , , • ~-1 Is" I'-. "'~~ '-'I ,,~ ; ....... __ I , / i 0)\ "1j,,-r \ "--.. 1 / "I, · ~ / \ . ---... -....... _ ' · 1-.,.., 1 • • \ '•k ---------· -------------fT, l · i <l.J "---i 1 \· -· -r..... ;:t: ',. 75 OHW , ---.... ___ _ ----· 1 . :/ , \ -..._____, 1 · ·~ ~i-;-----_ , SBL ---
F o[Of:'f'>i0j.-< / ---:1 /i .-~ ,----t----.. 1 ,.-J-\ D1rJ-..____ L , \ ~ r , <::::i ():: · \ --·------·--··----•-.
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1
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___ .-.: -------~-"?'1 -~:==: .. ;~r
1/7) ; I G; f t ~ /"~, i ~ ~ \ "' I \
REMOVE EXISTING DRIVE TO ,,, I / '<'•.J..'v h f I 1 ! 1 ~ 12 1
"-___ ; \ __ ,.,.....-,t \
EAST EDGE OF EXISTING I / I(!) / / ,t>; "-._ / _ls;,i 1! . -·-:-.-\ \_
ROADWA y ON CARMAN STREET --1-I -! 1 ~ I ~ ~! ,, "~ J\_ . / RE"MOVE EXISTING PA VE
RETAINING WALL MIM/MUM 5 --r t-, 1 1 ~ ~ ~ / \,.,, 1 WALK .. ANP __ DRIVE TO
FEET FROM PROPERTY LINE ' l~~i l ta~l ~· ~ I ,,,,,,.,.,\Vy PROPERTY LINE---, ___ ·-,._
NOTE-UTIL/TYS SHOWN ARE PER I /0:: N; ' ~ \ ii l / \I .
FIELD LOCA T/ONS AND CITY PLANS I / ~ / / ~ \ .\ ~ I I I \\ \ \
(VERIFY ALL L OCA T/ONS) T~-t945.5 j <~ C( " . \ I f I A \ 't=j
N.
30
EXISTING
HOUSE
60 90
B)L942.Di ---. ---f-----. ,. I I \ \ c-J
! " \ ; I, I I \ ~--.;-.. ___ _,___ 1 ij r \ ·
I /0 "'l;f-.J-----"1 ; ~ I \ I I I w 'I::!-, -L--L-....:1'!""-,....._~....., ..
I I I •---.,_ "')/ ! tli ;.:) ~ : -I bJ ti: r-' GF E=-=9118.2 , : /IY 0 _ / '. E21ST1N_G ____ __.,. I / f---;,,'?: / ~ . .: 5.0 , ;OUSE /_. , .. ,s
i (f) =: n-1 r #24 70 __ ..........
Ii LJ_ "-:'-.. ii -C\(' Ii -:) C) ., : ~·· , . -s. . a, /I -:t:_. .. ,., : !
/ I J ~ / V v-,...,.-,,-.,.,..,...,...,;.,,,.u.,,..,,,...,,,,..~:..;,__--:::,,,'r '='--,--,..... \ __.,. :.>;-;;,-<.
. m ~ \'····:::.:·--""'----::-:---=--;,--..:--::'.-···---
~·~ / ·o·, ,.... ,....
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,/ --
..-...
SCALE IN FEET PROPOSED
GARAGE FL
MAIN FIN/Sh
TOP OF FC
_,_~~1-~ = EXISTING SPOT ELEV A TION .
X(998.0)= PROPOSED SPOT ELEVATION I
I .,....,,,. = DIRECTION SURF ACE DRAINAGEj
COH = CANTILEVERED OVERHANG
OHL
GFE
TFE
LFE
= OVERHEAD UTILITY LINE
= GARAGE FLOOR ELEV A TION
= TOP OF FOUNDATION ELEVATION
= LOWEST FLOOR ELEVATION
L.Ai,<E:
LOWEST FL
66% OF PEi
BASEMENT I
(938.85) Of
~
MIYJfMS .,._nrnNfi el IINrJlNIIDINa m.
-~-7 C -----•-SURVEYFOR: GREGG LARSEN
SURVEYED: April 22, 2014 DRAFI'BD: April 23, 2014
REVISED: April 28, 2014, to show i:eviBed aetbacb.
LEGAL DESCRIPTION:
Pan:el I :
The North 62 feet of Lot 10, Block I , Navarre, Hennepin County, Minnesota.
Pan:c:12 :
Lot 11 and that part of Lot 10 lying South of the North 62 feet theroot; Block I, Navarre, Hennepin
County, Minneaota.
SCOPE OF WORK:
I . Showing the length and direction of boundary lines of the above legal dacription. The scope
of our servicca doca not include dclemlining what you own, which is a legal matter. Pleaae
check the legal dacription with your records or consult with competent legal counacl, if ncceasmy,
to make sure that it is comet, and that any matlerll of m:ord, BUCh aa caacmcnlB, that you wiah shown
on the survey, have been shown.
2. Showing the location of existing improvemcnlB we deemed important
3. Setting new monument& or verifying old lllOIIIIIDOl11B to mark the comcn of the property.
4. Showing elcvationa and contolll8 to show the topography of the site. The elcvaliona Bhown rclale
only to the bc:nchmark provided on this survey. Uac that bc:nchmark and check at lcaat one other feature
shown on the map when dclemlining other elcvationa fonJBC on this aite.
S. Showing and tahulaling hard cover and area of the lot for your review and for the review of such
governmental agencies aa may have jurisdiction over hard cover requircmcn1B.
6. While we show the building setback lin.cs per the City of Orono's web site, we suggest you show this
survey to the appropriate city official.a to be sure that the setback lines arc shown corrcctly. Do this
BEFORE you USC this awvcy to design anything for this site.
STANDARD SYMBOLS & CONVENTIONS:
" • • Denotes 112" ID pipe with plastic plug bearing State License Number 9235, set, unless otherwise
noted
CERTIFICATION:
I hereby certify that this plan, specification, report or survey waa prepared by me or under my di=t
supervision and that I am a licensed Profcsaional Engineer and Profcsaional Surveyor under the laws of
the State of Minnesota.
Signature: ~ Jt. (Padvv,,
'
TypedName: JIIIIICIH.Pmcr
Date: April 28, 2014 Reg.No. 9235
GRAPHIC SCALE
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( IN FEET )
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m o
~0
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(')
EXISTING
HOUSE
PROPOSED INGRESS AND EGRESS EASEMENT
over that part of Lot 10, Block 1, Navarre, and Lot 5, Block 1 Lehman's
Lagoon which lies 14 feet southwesterly of and paraHel with a li~e run from
the northeast corner of said Lot 10, to the northwest corner of said Lot 5
and there terminating •
\
\
\
\
\
EXISTING
HOUSE
DECK
L---...1
PROPOSED ELEVATIONS
GARAGE FLOOR= 942.5
MAIN FINISH FLOOR = 944.85
---
/
TOP OF FOUNDATION = 942.8 (VARIES)
LOWEST FLOOR=934.0
66% OF PER/WETER FOOTPRINT OF
BASEMENT IS WITHIN 6 FEET
--
/ /
{938.85) OF MAIN FLOOR ELEVATION {944.85)
PARCEL 2
NO ADDRESS ASSIGNED
PIO NO 201172312009
EXISTING LEGAL DESCRIPTION
THE NORTH 62 FEET OF LOT 10,
BLOCK 1, NAVARRE.
AND PIO NO 2011723120010
LOT 11, AND THAT PART OF LOT 10
LYING SOUTH OF THE NORTH 62 FEET
THEREOF, BLOCK 1, NAVARRE.
AREA = 19900 SF
PROPOSED LEGAL DESCRIPTION
LOTS 11 AND 10, BLOCK 1, NAVARRE
TOGETHER WITH THAT PART OF LOT 5,
BLOCK 1, LEHMAN"S LAGOON, LYING WEST
OF THE NORTHERLY EXTENSION OF LOT 10,
BLOCK 1, NAVARRE.
AREA = 25500 SF / 6375 SF MAX HC
RECEIVED
SEP O 8 2014
CITY OF ORONO
PC Exhibit CI
3689
0
PARCEL
HARDCOVER
EXISTING
2
\t.~ \ L. I --, \ \ \ 4/r';:-, J
---\ \ \' t...:. /l#M
I
1 ------______ : ::------\~ ~\ \,,~\\ WCTOJ\IL
f'----P~-Nc r-------\ Q:: ~ \ \ \. 1 V /1 ---,r 00, >"0s6 ---..\ S3:> '-'.J , , ~· I I ---.:::: -10-#.c.;i,;-, ---~ , \ L· ---16-,'-o-.~ .. ~ ' . I I s 89°'48' ---..... <,.? ~-....... 1 1 ---..... \ \. •.
p ARCEL 2 1 r.=i 1 1 / ------/ / -\---·---\ ,~\ '··-✓. \ ----------
DRIVE = 2220 SF I ! Wy I 91.0 / I---._ 'SMH.. 17 ;· -~:::::-. l_ ~ J31.5 100 YFE __
PVRWK = 266 SF T 0::: I / 1 ,I._ LIFT --S ' ·•... . --------\._ .... ___ ---. -·
TOTAL = 2486 SF / 12.5% EXIST. PARCEL j 1--,, . /-··· -t-~_0~I~£'\ SE_'!v-::~---t ---· -(1< ,,__& 1 '\ _ __:-,--~~=········· .. ···-----·-=~\~p.
(9 75 P O ) I C/) ' · , I · "'-~-, -'---5--• --··· ----s-i-;,,c,
. % R POSED p ARCEL I I . ---,,, ....... =<>~ ,~; '~'"'' "·""; '""-'-' "", ; '\ / ;.;...____--.:::_._-:------=-=-=
PROPOSED I I
1
; 85\1 , :'-00.s«)\ \\·~ \ _\ / DR,AINAGE --AND_ -~-Tl~ITY~
HOUSE = 3500 SF ! llu ~or 1 . \ \(' .-<'. t OT', 1 \ //
oR1vE = 2600 sF i r·!3k .. ~ \ >,~ l 1
\ s ,,,.,/
I
~ "-O'.'. , ;>-I s·~ { i --
~A TIO _ 168 SF ,~~!~~~/ ...... ! '. -~~· -++----'-0·\ • ._ 1 \ \ ~/ --
RWALLS -100 SF I ~~Ii°'! ~~ f 1Y4-~ \ __ -t-~ PRO 0S£D~RESS A
TOTAL = 6368 SF / 24.9% l I ~o~ / 11J,J l"" 1 \. \ t1~ ,,, \ £GR£ ~£ASEMEN0
. I , , st·\ 111 s,,t'\" ~ I~ ~ )\ \ i / \ ··-·-----
1 , / o11 ['l,.q \ -......._~ -~ I "I-\. ""-; f I ~, . .. ....... . -----·--------------/ J-. ; <'.l 1' \ ?.\) : ,, r---;-l..\. 75 O --....... ----· I I : I \ . :./! -. -~-h-HW SBL --...
C::TREE-T ~ ,;~·a,r c,-.._\ I "'-i ) ...... ' \ "{'I \ ~<.... '
FREDE Pl CK ~ ~:~ :;l{4; = 1~~. /_ "i'""+.' it. -.?ik~"--~ -----~.;. ~ -~ ."' ~ ~ l \\ -----..'... ___ ---·--··--------=
-·-.~ ------:,,,_~--=._,---L--_?.L
1/7, : i ~ I t i ~ } I N_ ~ \ "' I \
REMOVE EXISTING DRIVE TO ,,, I /y."'{'0 1
/ ! 1 / ~ 12 . -./....._ :' \ ,,.~1 \
EAST EDGE OF EXISTING i l {.o i ❖.> ( / -·-f --"; \
ROADWAY ON CARMAN STREET j-l ; . . t1/ / ;I -....., ~ \ . 7 REMOVE £. XISTING PA VE
RETAINING WALL MIMIMUM 5 --.--r --1--1 NJ -l\\ 1 WALK .. AlY[J__DRIVE TO
FEET FROM PROPERTY LINE I I~ ~i ! \ · r_o ~ I / 1/ \ y PROPERTY LINE---, ... ··-...
NOTE-UTILITYS SHOWN ARE PER I /Q.::: N; i \ ~ i l 1 \j .
FIELD LOCATIONS AND CITY PLANS I / ~ <.c/ ~ / j ' .\ d I I \ \. \ I\
{VERIFY ALL. LOCATIONS) rit-94s.s/-:.__ / f ! \ l ~ I A \. t=J
N.
30
EXISTING
HOUSE
BK{l942.0; --·-· !-ti; -l --· ~. I \ \ \ ,-] /1 f-~ ~ i t5 \ __ _,___ \1
' y I \l;---
/ ! /0 ~ --l---;J---; f j \ I
I I
'
/ W>' ~/. "'-. ) l ...:.!_._
1
_ _..,,..._ ' r-;-. :¥ , 'I;)</ ..____,,,..,,__ ___ ~
tlJC) ~: :' , -
I fJJCL r-· / ' ;er: 0 /..,_ ' I / r-~ .;: / ~ , : s.o
/ I():=;::/ r,_ f-.. ,!
J/ '--4 ..,.,__ it : ':Y.
/I /:--·<:;,,,., :1
EX!ST1NG
HOUSE
#2470
X L.FE=%tr:'E~ 939.5
~ 93 I
,,----
--7S
---V 7>~' :71•
/ _i i / / ..,;,_,,..,....,,,..,,,....."""""',"""""""-I v·----_j _ ----/ I i w :; ---::::. ----\ __,,,-·
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I ! I Z<( . i: I 1.5' ~ -!"'---~ \ __..::;.-
/ ll.__~ -~-j / ./: P;;-;;~r.,l,ll'Ii:i• -f-0• i \ _.., __:::-.--·-,--~ r-v I / I t 2 I ----i------:---:;? . ~ ~ J m . ·-.... _,,,:::_-·;:>,..,,
-_J)0__::_--:/ --a:---i::cv'" / : oi/ ; ~ -/ ;-\ 1 ---/ /
·l < o,::: ·' . / 4 ~·; ' . , ot ----
60
.. /, 9-1.1-' 9 ___ . s~\/ \ /. 11 0 /' ~ \ / _,_. __.. -·er-~ :':>'?>' ~ I ./ R __,. _.,--·------: ,-' ~~ . .s~, __ / "\.A _,./ .-; \ .,----·· ------
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i-cf~'I,~ = EXISTING SPOT ELEVATION. j ; -.~ ..... ;;::;-?;;.--//,,,,..,.
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~--···· = 01REcT10N suRFACE DRAINAGE! ,,,,,... ,,,,,... or\"" N(f 0
COH = CANTILEVERED OVERHANG I / .. A\N
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{938.85) Of
p
I
Date Application Received: 08/20/14
Date Application Considered as Complete: 09/08/14
60-Day Review Period Expires: 11/07 /14
To:
From:
Date:
Subject:
Chair Leskinen and Planning Commission Members
Jessica Loftus, City Administrator
Melanie Curtis, Planner µv
11 September 2014
#14-3689, Sven Gustafson, 2490 Carman Street
Setback Variance
Public Hearing
Zoning District: LR-1B, One Family Lakeshore Residential, 1.0 acre/140'
Lot Area: 25,500 square feet {0.58 acre)
Lot Width: 99' at the OHWL & 99' at the 75' setback
Council
Exhibit D
Application Summary: The applicant is requesting a side, street setback variance to allow a 15-
foot setback for the home where a 35 foot setback is normally required from the undeveloped
alley right-of-way.
Staff Recommendation: Planning Department Staff recommends approval of the side street
setback variance.
Pertinent Zoning Ordinance Sections
Sec. 78-330. Area, height, lot width and yard requirements.
(a) Height. No structure or building in the LR-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:
Lot Area Lot Width Front Yard Side Yard Adjacent Rear Yard
(acre) (feet) (feet) to Another Lot (feet)
(feet)
l 140 35 10 30
(Code 1984, § 10.24(5); Ord. No. 18 3rd series,§ 3, 9-27-2004}
List of Exhibits
Exhibit A.
Exhibit B.
Exhibit C.
Exhibit D.
Exhibit E.
Exhibit F.
Exhibit G.
Exhibit H.
Exhibit I.
Exhibit J.
Application
Practical Difficulties Form
Proposed Survey
Proposed Plans and Elevations
Submitted Hardcover Calculations
Survey -3555 Frederick St
Aerial Photos
Site Photo
Property Owners List
Plat Map
Side Yard Adjacent
to Street (feet)
35
Background
FILE# 14-3689
11 Sept 2014
Page 2 of 3
Recently the City approved a lot line rearrangement involving the subject property. The subject
property is located in the LR-1B zoning district which dictates a 35-foot side street setback. The
code is silent to whether or not the street is developed. The property directly across the fire
lane is located in the LR-lC district where a 15-foot setback is required. At this time the
applicant is requesting a setback variance to permit a 15-foot setback from the undeveloped
side street or "fire lane" where a 35-foot setback is required in conjunction with construction of
a new residence.
LOT ANALYSIS WORSHEET
Lot Area/Width:
LR-1B Lot Area Lot Width
Required 43,560 s.f. {1.0 acre) 140'
Actual 25,500 s.f. {0.58 acre) ±99' @OHWL&
±99 @ 75-foot setback
Setbacks:
LR-1B Required Proposed
Rear 30' 97'
East Side 10' 10'
West Side {Street) 35' 15' house
Lakes ho re 75' 140'
The neighbor to the east is situated 87' Average Lakeshore* approximately 64' from the lake.
*The westerly adjacent property is City ROW; and not a residential lakeshore lot. The "straight
line" measurement of the average lakeshore setback does not apply in this instance. The setback
is based on the measured distance between the existing home and the lake on the adjacent
property.
Structural Coverage:
Total Lot Area Total Structural Coverage
25,500 s.f. (0.58 acre) Allowed: 3,825 s.f. (15%)
Proposed: 3,500 s.f. (13.7%)
Hardcover Calculations:
Stormwater Total Area in Allowed Existing Proposed Overlay District
Tier Zone Hardcover Hardcover Hardcover
Tier 1 25,500 s.f. 6,375 s.f. Vacant 6,368 s.f.
(25 %) {24.9%)
Side Street Setback Variance
The subject property abuts an undeveloped 30-foot street right-of-way or "fire lane". As it is a
platted, public right-of-way is considered a side street for the purpose of measuring setbacks; a
35 foot setback is required. The applicant is requesting a variance to allow a 15 foot setback
FILE# 14-3689
11 Sept 2014
Page 3 of 3
from the "fire lane" for the home. The property on the west side of the "fire lane11 at 3555
Frederick Street is subject to the LR-lC zoning district requirement for a 15-foot side street
setback. The applicant is proposing a home location to be consistent with the home on
Frederick.
Practical Difficulties Analysis
In considering applications for variance, the Planning Commission shall consider the effect of
the proposed variance upon the health, safety and welfare of the community, existing and
anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the
effect on values of property in the surrounding area. The Planning Commission shall consider
recommending approval for variances from the literal provisions of the Zoning Code in
instances where their strict enforcement would cause practical difficulties because of
circumstances unique to the individual property under consideration, and shall recommend
approval only when it is demonstrated that such actions will be in keeping with the spirit and
intent of the Orono Zoning Code.
Staff finds that the applicant proposes to use the subject property in a reasonable manner. The
proposed home located 15-feet from the "fire lane" does not appear to alter the essential
character of the neighborhood and mirrors the location of the home to the west on Frederick.
The location nature of the undeveloped right-of-way lot creates a practical difficulty for the
property owner.
Please refer to the aerial photo and the site photo attached as Exhibits G & H. There is an
existing stand of trees along the western lot line screening the property from the "fire lane 11
however, if the planning commission deems it necessary a landscape plan may be required to
provide additional screening on the applicants' property along the right-of-way which delineates
the right-of-way from the subject property.
Issues for Consideration
1. Does the Planning Commission find that that the property owner proposes to use the
subject property in a reasonable manner which is not permitted by an official
control? Is the side street setback proposed reasonable?
2. Does the Planning Commission find that the variance, if granted, will not alter the
essential character of the neighborhood?
3. Does the Commission find it necessary to impose conditions in order to mitigate the
impacts created by the granting of the requested variance?
4. Does the existing tree line offer the desired mitigating screening? Should a
landscape plan or vegetative screening be required to more clearly define the
separation from the applicants' property and the City right-of-way?
5. Are there any other issues or concerns with this application?
Staff Recommendation
Planning Staff recommends approval of a side street setback variance resulting in a 15' setback
from the undeveloped right-of-way. The prior lot line rearrangement approval was conditioned
upon the property owner providing an easement for access to the 2470 Carman property and
recording it against the properties. According to the applicant, this has been done and the City
will hold building permit issuance until a copy of the recorded easement is provided.
CITY OF ORONO
VARIANCE APPLICATION
Street Address:
2750 Kelley Parkway
Orono, MN 55356
Main: 952-249-4600
fax: 952-249-4616
Mailing Address:
P.O. Box 66
Crystal Bay, MN 55323-0066
PC Exhibit A
This application form must be completed in full. Applicant will be notified within 15 days as to the status of the
application. Incomplete applications will not be placed on Planning Commission Agendas.
PROPERTY INFORMATION:
Site Address: 2'-/,0 C.Aflh\A,j <;-rtztc:r
Property Identification Number (PIN): 20-1r1-2s-12-00&0
Date Property Acquired (month/year): □ Yes, I own the adjacent parcels. ---
Zoning District: ~'-~12--_-~I ~Ts ____ _
APPLICANT INFORMATION: (Complete legal names and marital status required for each interested party)
Name: _ SvirS Gvs'fli.F~,or.J
Phone: kr-z., · 1,1p-,. 2-"770 Alternate Phone: {?(1· l°t'I. C,'1/7-
Complete Address: /5 3 LA-~E n f"
City, State & ZIP WA;'f2KfA 1 M,,.( 'SS 39 /
Email: _ $\/f;,-J e ✓ .s-fu11ew6td. (..I) n, Fax:
OWNER INFORMATION: (Complete legal names and marital status required for each interested party)
Name: _€fl..i~ Ar:s~ Je.tl..$,,,, iE ,,+fau .. C/1-'
Phone _______________ Alternate Phone:
Complete Address:
City, State & ZIP
Email: ___________________ Fax:
DESCRIPTION OF REQUEST:
Describe the request in detail (attach additional sheets if necessary):
Last Updated: January 2014
RECEIVED
AUG 2 0 2014
CITY OF ORONO
REQUIRED SUBMITTALS:
All of the following information must be submitted by the application deadline date in order for your
application to be processed.
APPLICANT AND/OR OWNER:
• Agree to provide all information required or requested by the Planning Department,
• Agree to pay additional fees (staff time not covered in the original fee payment) and/or consultant expenses
incurred in review of this application, and
• certify that the information supplied is true and correct to the best of his/her knowledge. The applicant and
owner recognize that they are solely responsible for submitting a complete application being aware
that upon failure to do so, the staff has no alternative but to reject it until it is complete or to
recommend the request for denial of the request 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.
• Applicant and/or Owner acknowledge they must be present at all scheduled review meetings of the
Planning Commission and Council. If an applicant and/or owner is unable to attend a scheduled meeting,
please make arrangements to have an authorized representative attend in place of the applicanUowner and
advise the City Planner assi~~
Applicant's Signature: _ __!~====--...,,,,,,,:::::...__ ____ Date: g /io / 'f
Applicant's Signature:
Owner's Signature:
Owner's Signature:
Last Updated: January 2014
RECEIVED
AUG 202014
.9_IT¥0FORONO
PC Exhibit B
Melanie Curtis f,4\--e--11tAL't>\FF1Wt.:flt3> ~
From: Tom Flint [tom@stonewood.com]
Wednesday, August 20, 2014 11 :59 AM
Melanie Curtis
Sent:
To:
Subject: Carman St. Variance Statement
1. The property owner proposes to use the property in a reasonable manner that is further restricted than
adjacent properties due to two factors -the abandoned fire lane adds an increased side yard setback that
would not exist if the property abutted another single family property. This setback does not make sense
given the modern use of the fire lane, and imposes an undue restriction on the subject property. Additionally,
the zoning district that has been applied to the property imposes a larger side yard setback than other
properties, properties adjacent to the subject property. In addition to the larger setback the zoning district
requires a larger property than the subject property contains -an abnormality of the subject property being
between larger, and also smaller properties. This property site in an awkward position between the zones,
falls into the zone of larger properties, but is of a smaller size.
2. The plight (the practical difficulty) of the landowner is not of the landowner's making. The landowner
(applicant) has no opportunity to increase either the area or width of their property to lessen the difficulties of
the buildable area.
3. The variance, if granted will not alter the essential character of the locality. In fact, the requested variance
would result in the subject property being developed consistently with the properties located to the west -
with similar sized homes, setbacks and lot areas.
4. This variance request is not based upon economic considerations. We believe that the redevelopment of
this, the subject property and the property to the east, are better utilized with setbacks that more
closely mirror other properties int he neighborhood. The resulting home location makes better use of the
topography of the site, and allows for additional separation from the non-conforming structures (garage and
patio) located on the property to the east (2470).
5. Practical difficulties encountered on this property include:
• A setback greater than directly adjacent properties to the west, as the zoning district changes at the
location of the un-used firelane. Other properties of similar size do not have side yard setbacks that
are as restrictive as the subject property.
• The area and width of the subject property does not meet the minimum lot requirement of the applied
zoning district.
• The property to the east does not meet required side yard setbacks, and existing structures and patio
encroach toward and onto the subject property. It's unknown how, when or if this adjacent property
may be re-developed. The required side yard setback to the west pushes the proposed home toward
the encroachment and creates a practical difficulty in properly grading,draining, and re-developing the
subject property in the area of the encroachment.
• The size of the subject site is smaller that the properties to the west. Due to the topography of the
site, the proposed home must be placed as far west and north to meet the higher grades, and s a
result, allow for the lowest floor to be considered a "basement" under the Orono definition of
"basement". As the home pushes east, and south, building a home of 2 stories, with a basement
becomes difficult, or not possible. The smaller size of the property further complicates the ability to
1
build a home of reasonable size if a 2nd story is prohibited by the "basement" definition, due to
hardcover restrictions.
6. the requested variance would not result in a prohibited use.
7. Our request does not contemplate use of a one family dwelling as a two family dwelling.
8 & 9. The special conditions applying to this property are unique. Due to the change in the zoning district
between this property and the adjacent fire lane, the size and setback requirements that result,
the topography of the site, the encroachments of the adjacent property are all unique features that are
specific to this property. All of these attributes demand special consideration.
10. The granting of this variance is important to allow the property owner similar use of the property enjoyed
by neighboring properties. We are requesting setbacks in line with adjacent properties, which
are extenuated by the encroachments of neighboring structures.
11. The granting of the proposed variance will not in any way impair the health, safety, comfort or morals or in
any other respect be contra rt to the intent of the zoning code.
12. The granting of the variance will not merely serve as a convenience to the applicant but will alleviate
demonstrable difficulty, as outlined in item #5.
2
RECEIVED
AUG 2 0 2014
CllY OF OR.ONO # 3689
PARCEL 2
HARDCOVER
EXISTING
RETAINING WALL M/M!MUM 5
FEET FROM PROPERTY LIN£
NOT£-UT/L/TYS SHOWN AR£ PER
F/£LO LOCATIONS ANO CITY PLANS
(VERIFY All LOCA T!ONS)
l
EXISTING
HOUSE
fJ"rS
0 ~t
SCALE ,fi FEET
90
11
#' = EXISTING SPOT ELEVATION. :
X(998.0): PROPOSED SPOT ELEVATION I
__, ...... = DIRECTION SURF ACE ORAINAG9
COH = CANTILEVERED OVERHANG
OHL = OVERHEAD UTILITY LINE
GFE = GARAGE FLOOR ELEVATION
TFE = TOP OF FOUNDATION ELEVATION
LFE = LOWEST FLOOR ELEVATION
L-,t:,J<£
··----~
\,.
PROPOSED ELEVATIONS
GARAGE FLCOR= 942.5
MAIN FINISH FLOOR = 944.85
TOP OF FOUNOA T/ON = 942.8 {VARIES}
LOWEST FLOOR=934.0
66% OF PERM£T£R FOOTPRINT OF
BASEMENT IS WITHIN 6 FEET
PROPOSED INGRESS AND EGRESS EASEMENT
over thot port of lot 10, Block 1, Navarre, and Lot 5, Block 1, Lehman' s
Lagoon which lies 14 feet southwesterly of and poranel with a line run from
the northeast corner of said Lot 10, to the northwest corner of said Lot 5,
and there terminating
PARCEL 2
NO ADDRESS ASSIGNED
PIO NO 201172312009
EXISTING LEGAL DESCRIPTION
THE NORTH 62 FEET OF LOT 10,
BLOCK 1, NAVARRE.
AND PID NO 2011723120010
LOT 11, AND THAT PART OF LOT 10
LYING SOUTH OF THE NORTH 62 FEET
THEREOF, BLOCK 1, NAVARRE.
AREA = 19900 SF
PROPOSED LEGAL DESCRIPTION
LOTS 11 AND ID, BLOCK 1, NAVARRE.
TOGETHER WITH THAT PART OF LOT 5,
BLOCK 1, LEHMAN"S LAGOON, LYING WEST
OF THE NORTHERLY EXTENSION OF LOT ID,
BLOCK 1, NAVARRE.
AREA = 25500 SF / 6375 SF MAX HC
~
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bl ~
~
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{938.85) OF MAIN FLOOR ELEVATION (944.85} RECEIVED
SEP O 8 2014
CITY OF ORONO
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PC Exhibit CI
3689
I
PARCEL 2 1
HARDCOVER I
EXISTING I I I
PARCEL 2 I I ti!
DRIVE = 2220 SF ! , ~y
PVRWK = 266 SF T w...l
TOTAL = 2486 SF /12.5% EXIST. PARCEL I t;:;1
(9.75 % PROPOSED PARCEL) I I I
PROPOSED j I 1i
HOUSE = 3500 SF I, I<; 2 J:4 .'
DRIVE = 2600 SF -l:c:
I ~<( ~ I PATIO = 168 SF l'"2!t:,,r
RWALLS = 100 SF >-0::: z~
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TOTAL = 6368 SF / 24.9%
RET A/NING WALL MIMIMUM 5
FEET FROM PROPERTY LINE
NOTE-UTILITYS SHOWN ARE PER
FIELD LOCA T/ONS AND CITY PLANS
(VERIFY ALL LOCA T/ONS)
EXISTING
HOUSE
l
30 60 90
SCALE IN FEET
-.••,,,~ EXISTING SPOT ELEV A TION. :
X(998.0)= PROPOSED SPOT ELEVATION ,
! __.,,, · = DIRECTION SURFACE DRAINAG9
COH = CANTILEVERED OVERHANG
OHL = OVERHEAD UTILITY LINE
GFE = GARAGE FLOOR ELEV A TION
TFE = TOP OF FOUNDATION ELEV A TION
LFE = LOWEST FLOOR ELEVATION
r PROPOSED
GARAGE F,
MAIN FINIS,
TOP OFF,
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iffER R_aR FLATE HEl6HT
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City of Orono
Hardcover Calculation Worksheet
Property Address: V/JA$$l,IJED WE:;s-rop. _2.4-10 CPrP-MA1'.J )T.
Prepared by: 121~0A: t,i 8-TE:;-tl..tJ Date:
Stonnwater 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
separately for each portion
Keyto . H.-rdcover Item (Describe) Length x Width Total
Survey , (Square Feet}
(Examnlti) (G~ rione) f24' x30') '720 S.F.\
A I .nrJ C.,c;;;;. ~..,_ r.-.,.., S.F.
B I\ • I I J..Z:: ,, _,..,,.. S.F.
C :,~ v-f"ln f L c;(. S.F.
D ;;a, •11.1 I ,C.:, , nn S.F.
E 5.F.
F S.F.
G S.F.
H 5.F.
I S.F.
J S.F.
K 5.F.
L S.F.
M S.F.
N 5.F.
0 S.F.
p S.F.
a S.F.
R 5.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 IJ!#,DD S.F.
Excludable Hardcover (See Cltv Code Sec 78-1684\:
S.F.
S.F.
S.F.
S.F.
S.F.
(2) Total Excludable Hardcover S.F.
(3) Net Pronosed Hardcover rsubtract line (2) from line l1 ll .. S.F .
(4) Total Lot Area z~-, on S.F.
Proposed Hardcover Percentage [ (3) + (4) ] 2,f-j%
This is an information packet regarding Hardcover. Every effort has been made to insure the accuracy of the information contained
herein; however, if any information is not consistent with provisions of the City Code, the Code provisions will prevail.
Page 9 of9
PC ExhibitE
# 3689
AS-SURVEYED DESCRIPTIION: r ~~:~i;~~~~~A:ft~.:~~~~f\!t~i;~f~;(~;l~~~;,~l~~:~r;11h~)~~:y(~l .. !:~
RECALCULATIONS OF ALLAREAS I --___ .p">i --\----i ------:t~ MUST VEF!IFY D[ED D[~lt'TiON Wl1H TAX DESctbQr---
F
& MINOR
s
GRADING PLAN
VEY
I
\ 0 \ 0) , SMH 1 -. ~
LOT AREA: BEYOND 75• OWH SB: 8,051~ S.F. / ;ti \ FREDERICK STRE;ET / , '-..!1~. quT=I 33.8± /
TOTAL CALC. LOT AREA: 11,958± S.F. !1 , I \ (}; r /
1
• ,,Toj_l .94/7. 8
i fllT•,.,·1,u••c '""''" c a; N ! N89•33 , 40,,w 50: 0 BllUlvllNOUSi~AVING \ 1 . i 1 a\ . '·'"'',' ,.,., ·"'"' r .·~. i '1 :. \ ' I C/> I I
100 0· 1(1 1~'./'.c:.::_::_--:::-::_: · .'. __ •·c:·::·:,·~----, L-Ji~'_ ___ , __ --. ::-" I .\ ~'&\) ~'\ J 111.; TN)1 941'.58±
REMOVE STOOP (v.t::ST): 36± S.F., ·· '\ .1·~/~.:~~~:.;s~'.=:=~1;Ti, /W\ . . , . IS (, ~~-~t~ --;-~of=---/~::1,T ~OLE ,
1
REMOVE srrPs. coNc WALK, WALL & sT90P: 15a± s:f •. 1 rg. 1 .-.... <1,'f>.--, ·., :. ! 1 \ / r,,, ""'-". • ' 11 i
REMOVE CONG DRIVE :456± S.rt, \,. / , ' _j,• \ '-..) \ f;!,.i <t \ 1 ✓ "-"-\ / I / / /
REMOVE GRAVEL BASE, NW: 477± S.F. APPARI' AE:RI.AL UTILITY SER~C£ I )'1\( :t! \1 ~ .... , .·. '-'-' ARENT ~I~ unurr ,;
ENCROA 1tvi£NT OVER ADJOINER ../f 1 i < I~ '": 1 EMENT BY~~-Ii 1·
1
PROPER SERViiNO SUBdECT---f 1 / i' * '\ ".:n"-1 1 \ \' /
PROPER/!;_ ·==---·-·--/ / 1 ii \.; ;i bi t \ .. . ". ".'.' \' ·~,· \, ,, _9A1'1 ~I /! ~·---. C) ~H "-:\ ~, '~\ i
I 71, / lifl?ti\~~ i ~\ -"-: ,(l··., ;
FlNAL IMPERYJOUS SURFACE tALCULATIONS: BITUMltWUS ~ / ! I~ a:~... ! \ ~~ ~ ;''. ·: ' I J \ _j I / i
EXIST HOUSE AREA-1 37.3± S F I t;/ ! I I . c) i \ ~ ~ ' " \ ~ • ' l . . i o.: I / I (I 1 0 !;;'! ~; \ ,,: t< ,---o, I ; t ~ I u . ,__ ~ \ x,·
PROPOSED GARAGE AREA: 20± S.F. / fS:r ___ .1;,/ I 1 , ~cl I +···· :-)S; '.; .. •; . I) If~ '--R~;w. .,JJ WALL
PRoPosrn DRIVE AREA= 41,9± s.F. 1 1 i J; 1 1 >-
1
15.3 . 1-<i't I f>!GN PU9Uc s~
PROPOSED RET WALL AREA~49± S.F. /1 I , ):'-) I , ~ )0741
PROPOSED ELEY. DECK AREA: 536± S.F. / / -<: : )\; · "\-, .....,1.:.... ___ ___g;v
I I I 1 , /2 IC~-/\;, \I FF=952.0
FINAL IMPERVIOUS AREA: 4,817± S.F. ! i ! • '."".··. · · .. ·. fl '4' \ P.ROPOSED ·
FlNAL COVERAGE: 35
1
0% /GR~I BASE To;..-J,:✓.: /, I .. P~. t I\ 20 X21 GARAGE
1/) BE /MOVED / . ·: ·. ), .• ,j/ii)_ ·-$ ---, 420±SF
fl 1 1 • / vl~·
:fl I I \\'.:)
I ,':' I ,CONC STOOP,'' TO I +I
CONTRACTOR NOTE; a5 II /BE REMOV7D 1 ~
PROPOSED STRUC11JRES SHOV!tl ARE~ ; / I I *
REPRESENTATIONS Or A PLAN PROV! BY Cl.JENT _,--i I i I F~ i
AND ARE NOT INlENDEO TO BE COUPLE NOR_,..--
ACCURATE. CONSULT ARCHllECTURAL Pt:At,H'6R ANY I i, I. I
AND ALL PROPO~ DESIGN FEA ~s;LIMENSIONS. \
ITC /
REMOVE All. EXISTING WALLS & OTHER IAPRO'l.:J.IENTS /
LOCA 1ED ON PUBLIC SlREET; REPLACE FTIONS \UH /
DECORA TI',£ ROCK WALL LESS THAN 4 HIGH ,J?
WITHIN E. LOT LINE. <:/,
MiNOR GRADlNG PLAN IS BASED PARTI.\ON /
HORIZONTAL &/OR VERTICAL DESIGN B OTHERS: /
CONTRACTOR MUST \IERlfY SUITABIUTY F DESIGN /
GRADES FOR SITE CONOITIONS. CITY REQIJIREMENlS,
AND ARCH!1EClllRAL PLANS AND RE\-1, IF' NEEDED TO , ,, /
aTY REQUIREMENTS. / ,,.· _-1..----------f"· I
/
/
I.EGEtlD.
• IRON MONUMENT FOUND I
O !RON PIPE SET MARKED Mf REG NO 18890
.>X. NAIL & OR SPIKE w / BRAT s DISK SET
X55.0 EXIST SPOT ELEVATION (tDD 900 FT)
VERTICAL DATUM NGVD1929
(PER SUR\/':'✓ 8Y /,DI/ANC': SUR\IEY;flG, 2004)
~ PRCPOSED GRAD£ i
==> EXIST. DRAINAGE FLOW I
..... PROPOSED DRAINAGE Fl~W
---'15& -EXIST CONTOUR I , .L' o T
1--STORY
BRICK
,
CONC DRIVE, WALK &
STEPS TO BE
REMOVED
1-STORY
WD-FRAME
FF=953.2±
GAR=944.9±
TOB=952.6±
·1,373 ➔:SF
135551
6,PROPOSED ~ LOOKOUT\
~-~DOW \
-¥J9-PROPOSED CONTOUft. / i ---.. 'I . ,,,,
~ SIT~rrJJPF.P~~~9~() !'LAN
l~ APPHOVED 2NcJ S. ~i:,:~M~
LJ A-PPflOVED WITH 1EVtt,'tt~f'WZ'T'1
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.-::::W~c--___ _.,
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~~A TED PORTIONS OF PROPOSED .~c BLOC1< / .. ·R:~rc:c:~ Pi~~
1
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ij !:i.OJJ;:; 9JR"'AC!: !MPR0\/1:JvENTS SHowi:i' -1 _ ---------~ ¼'ERE LOCA"if.l) AS REA..''0NN3l Y ,,..-· ~ ACCURA1E AS POSS!BLE tflt£N S'<DW_.-·-1· .... ···
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---
----1_:ynn & Tim Brady
3555 Frederick Sreet
Orono, Mn 55391
1152-·471--0977
~ t Ii HrnrnY CER11:cy THAl n,,~, ffrPO'iT ;9,s BEEN PREPARED
\ r?·\ '1•J"1')"i' r.;LJR\iC'•1' •.::r:[·~•111• (L~fC:: tW ME OR BY rrJOSEf u:muz 1r-· C'lRECT SUPERVIS10rl AND I
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3555 dA.e~J+:
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PC Exhibit G I
RUN DATE: 08/15/2014 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM (PROPERTY OWNERS LIST)
38 20-117-23 12 0009
LAKESHORE HOLDINGS LLC
38 ADDRESS UNASSIGNED
LAKESHORE HOLDINGS LLC
153 EAST LAKE ST
WAYZATA MN 55391
38 20-117-23 12 0010
LAKESHORE HOLDINGS LLC
38 ADDRESS UNASSIGNED
LAKESHORE HOLDINGS LLC
153 EAST LAKE ST
WAYZATA MN 55391
38 20-117-23120014
J P BLUTH & JOANN M BLUTH
2447 CARMAN ST
JOSEPH P BLUTH
JOANN M BLUTH
2201 DREAM DR W
NORTH MANKA TO MN 56003
38 20-117-23 12 0015
RY AN P SCHULTZ
2455 CARMAN ST
RYAN PATRICK SCHULTZ
2455 CARMAN ST
WAYZATA MN 55391
38 20-117-23120016
M P MALIK & J D MALIK
2469 CARMAN ST
MICHAEL P & JANET D MALIK
2469 CARMAN ST
WAYZATAMN 55391
38 20-117-23 120017
TR BRADY & LA BRADY
3555 FREDERICK ST
TIMOTHY & LYNN BRADY
3555 FREDERICK ST
WAYZATAMN 55391
38 20-117-23120018
M L REGER & B L REGER
3565 FREDERICK ST
MICHAEL L & BRITTANY L REGER
3565 FREDERICK ST
WAYZATAMN 55391
38 20-117-23 12 0027
W E EDWARDS & D M EDWARDS TR
2474 CARMAN ST
WARDE EDWARDS
DONNA M EDWARDS
2474 CARMAN ST
WAYZATA MN 55391
38 20-117-23 12 0028
RA EDWARDS ET AL TRUSTEES
2480 CARMAN ST
RICHARD A EDWARDS
KIM A EDWARDS
2480 CARMAN ST
WAYZATA MN 55391
38 20-117-23 12 0050
WARD E EDWARDS ET AL
38 ADDRESS UNASSIGNED
RICHARD A EDWARDS
2480 CARMAN ST
WAYZATA MN 55391
38 20-117-23120058
GREGORY REEP & SALLY REEP TR
2440 CARMAN ST
REEP FAMILY TRUST
853 WIGET LANE
WALNUT CREEK CA 94598
38 20-117-23 12 0059
MT PALMER & NB PALMER
2450 CARMAN ST
MARKT & NANCY B PALMER
2450 CARMAN ST
WAYZATAMN 55391
38 20-117-23 12 0060
LAKESHORE HOLDINGS LLC
2470 CARMAN ST
LAKESHORE HOLDINGS LLC
153 ELAKEST
WAYZATA MN 55391
38 20-117-23 12 0061
CITY OF ORONO
38 ADDRESS UNASSIGNED
CITY OF ORONO
PO BOX66
CRYSTAL BAY MN 55323
38 20-117-23 12 0062
GREGORY REEP TRUST ET AL
38 ADDRESS UNASSIGNED
REEP FAMILY TRUST
853 WIGET LANE
WALNUT CREEK CA 94598
38 20-117-23 12 0064
MICHAEL J & GAIL R PUDIL
2414 CARMAN ST
MICHAEL J & GAIL R PUDIL
2414 CARMAN ST
WAYZATAMN 55391
RECEIVED
~.UG 2 0 2014
CITY Of ORONO
PC Exhibit I
PAGE: l
3689
RECEIVED
AUG 2 0 2014
CfiY OF OF\ONO #3689
PC Exhibit J
H Hennepin County Locate & Notify Map
Provided By : Resident and Real Estate Services Department
(24)
(23)
(149) ,.,, l
(11)
t-----,
UJ
(114)
(113)
1'?-117-23-43
(64)
(28) (22) (12) __]~ 1------,
20-1"1 7-23'-12 V,
, I
\.
\
' /
,:,..V //
/
(3 6)
. (10)
\
'•,
' > >
r (21)
l
\ (19)
,<
" \
' \
(37) (25)
\
\
Buffer Size: 150 feet
Map Comments:
20-117-23-12-0060
20-117-23-12-0010
20-117-23-12-0009
(13)
(1 4)
(1
(16)
(9)
(58)
(27)
(60)
20-117-23-12
20-117-23-13
RECEIVED
AUG 2 0 2014
CliY OF ORONO
(155)
Date : 8/15/2014
(93) (94) (95)
(33)
--
'
(48)
(142)
(55)
\ __
)
I
,,_ ---
'
0 60 120
I I I I I
(37)
240 ft
I I
For more information contact:
Hennepin County GIS Division
300 6th Street South
Minneapolis, MN 55487 g;,;mrr~r6 8 9
CITY OF ORONO
2750 Kelley Parkway
PO Box66
NOTICE OF PLANNING COMMISSION ACTION
ZONING FILE:
Council
Exhibit E
14-3689
Crystal Bay, MN 55323
952.249.4620 DATE OF NOTICE: 16 Sept 2014
TO: Sven Gustafson
153 Lake Street East
Wayzata, MN 55391
COPIES Sven Gustafson
Via
Email:
TYPE OF REQUEST: Variance/ 2490 Carman Street
DATE OF MEETING: 15 September 2014
The Orono Planning Commission voted on a motion to approve the 15-foot side street setback variance
as follows:
7 FOR / 0 AGAINST
The applicant should identify the tree locations along the western lot line/fire lane on the survey and
submit prior to placement on the City Council agenda.
Applicant's next meeting is tentatively scheduled as: Monday, October 13, 2014
This is a City Council meeting. The meeting begins at 7 PM
If you desire certified copies of the official Planning Commission minutes, they are available from the
City Clerk after review and approval by the Planning Commission. If you have questions, please contact
Melanie Curtis at mcurtis@ci.orono .mn .us or 952.249 .4627.
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday, September 15, 2014
6:30 o'clock p.m.
#14-3688 APPLIED ECOLOGICAL SERVICES, 520, 550 AND 630 TONKAWA ROAD,
DITIONAL USE PERMIT, 9:03 P.M. -9:06 P.M.
Curtis sta d the applicant has made an application for a conditio$luse pennit for the properties located
63 0 Tonkawa Road in order to restore a portion of a nearly 3-acre Type III we
The proposal is e ntially to improve the quality of the wetland, to improve the wetlan
Staff did do a review of the proje and concluded that the applicants
s approval of the 6ondi ' nal use permit subject to the applicants
There were no public comments re td.ihg this application.
e has no issues with the application subject to the conditions outlin
Berg m ed, Schoenzeit seconded, to recommend approval of Application No. 14-3688,
Eco gicalServices, 520, 550, and 630 Tonkawa Road, granting of a conditional use permit
t the conditions outlined in Staffreport. VOTE: Ayes 7, Nays 0.
6. #14-3689 SVEN GUSTAFSON, 2490 CARMAN STREET, VARIANCES, 9:06 P.M. -9:21
P.M.
Sven Gustafson, Applicant, was present.
Curtis stated this property was the subject of a lot line rearrangement at the August Planning Commission
meeting. That lot line rearrangement was approved recently by the City Council. The subject property is
Page 31 of 59
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday, September 15, 2014
6:30 o'clock p.m.
located in the LR-lB zoning district and abuts an undeveloped fire lane. A 35-foot setback is required
from the undeveloped side street or fire lane and the applicant is requesting a variance to permit a 15-foot
setback. Curtis stated the Code is silent on whether or not it is considered a developed or undeveloped
right-of-way. The property directly across from the fire lane is located in th,~ LR-1 C district where a 15-
foot setback is required.
Curtis displayed a picture of the fire lane. Curtis indicatedthere is some vegetationo11the east side of the
fire lane. The development of the lot may impact some oft11atvegetation.
Staffs recommendation is for approval of the setback variance but would like the applicant to provide
some detail about what trees would be impacted by the construction ofthel)_()me. If trees are impacted,
Staff would like a landscape plan showing howth~ycan provide screening along the property line with
the fire lane.
Berg asked if the other house is 15 feetfrom the property line.
Curtis stated it is, and while it. appears that that house has a greater yard area, it is actually the fire lane.
Landgraverasked if those property owners have been maintaining the fire lane.
Curtis indicated they have been.
Leskinen asked if the fire lane has been' abandoned by the City.
Curtis indicated it is not developed and that it has not been open for road use.
Leskinen asked if Staff anticipates any future use of that fire lane by the City.
Curtis stated Staff does not anticipate the fire lane being used by the City and that the applicant is the
property owner on the west side. Curtis stated the intent is not to open it for a roadway.
Schoenzeit asked if the fire lane is posted for public use.
Page 32 of 59
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday, September 15, 2014
6:30 o'clock p.m.
Gaffron stated to his knowledge it is not. Gaffron noted the City has 37 or 38 fire lanes throughout the
City and that the general expectation is that the fire lanes will be used primarily by the residents of the
neighborhood since the majority of them do not have parking available, Gaffron indicated the City
usually does not publish them because the neighbors do not want itto become a regional draw.
Berg noted this fire lane is used by the neighborhood a11d. that there is a dockthere'.
Gaffron stated the dock was taken out and put back this year at the request of the neighborhood.
Landgraver asked if the dock can be removed by the adjoining property owJ1er.
Gaffron stated the dock is within the right-of-way corridor and the neighbors cannot remove it.
Sven Gustafson, Stone Wood, pointed out the zoning district changes at the fire lane and that in his view
this property is in the wrong zone. Gustafson stated the zoning for this property requires a 140-foot
minimum width and this property has 99 feet. In addition;ifrequires a one-acre minimum and this
property consists of six-tenths ofan acre. Gustafson stated to the other side of the fire lane the setback is
15 feet instead of 35 feet and that this is an awkward transition of a lot that missed the cut of where it
should have been.
Gustafson stated the property to the ¢ast of this one also has an encroaching structure that is 5 .2 feet from
the property line as well as a paver walkway that overlaps the side yard setback. Gustafson indicated he
is attempting 1:omake reasonableuse of the property and will be centering the home between the
neighboring structures .. Gustafson stated it will not be a large home and will be under the structural
coverage limits at approximately 13 percent.
Landgraver asked if he is okay with Staffs recommendation regarding a landscaping plan.
Gustafson indicated he is. Gustafson noted the fire lane is not an area that is really viewable from inside
the house but that if there is a need to shield the fire lane, they would be open to that. Gustafson stated a
Page 33 of 59
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday, September 15, 2014
6:30 o'clock p.m.
lot of the current vegetation is not meaningful vegetation and is basically stuff that has simply grown
there rather than being planted.
Chair Leskinen opened the public hearing at 9: 13 p.m.
Michael Malik, 2469 Carman Street, stated when they purchased their property, they had a very nice view
of the lake, which tended to disappear in the summer due to the trees. Malik stated .with the proposed
house, they will lose over half of their view. The trees that are there now are three tO:foui feet in diameter
maple trees. During the summer it defines the lane and looks pre:tty>Malik stated in the fall it is
absolutely beautiful with the trees.
Malik stated he took a walk along the property'line today andtllat a 15-foot setback would put them right
on the tree roots, if not right up next to the trunk; Malik statedatthis<point he is looking at them being
removed, which will open up a very large areaatid that he will be looking at a house 24/7 instead of six
months out of the year. Malik noted there was no plan for landscaping submitted so he is not sure exactly
what is planned for that area. Malikstated he does know some of the trees are dying and will need to
come down but that he would like the really good trees to remain.
Malik indicated he is also worried aboutthe construction. Due to the narrow street, there is no on-street
parking. Malik stated the last buil.der used his property as a parking lot and that he is concerned about
that happening during this project Malik stated a few years ago the City came by and redid the sewer and
water and that he talked to them abontmaking the street comer wider to no avail. Malik stated he would
like thattcrbe taken into consideration.as well with this application.
Chair Leskinen closed the public hearing at 9: 18 p.m.
Leskinen asked if a permitvvould be required if the larger trees would be removed.
Curtis stated the trees are beyond the 75-foot setback but that she does not know the exact location of the
trees since they are not depicted on the survey. Curtis stated if there is a concern about preservation of
those trees, the applicant should be directed to look at that.
Page 34 of 59
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday, September 15, 2014
6:30 o'clock p.m.
Malik stated he believes they are on the subject property.
Leskinen stated if the trees are on the subject property and beyond the 75-foot zone, it is out of the
jurisdiction of the Planning Commission. Leskinen stated the developer is11ow aware of it.
Land graver commented it begs the question of why the second developer has to put in the landscaping
when the other person did not have to and that the PlannfugCorntnissfon may not be ableto do anything
about it. Landgraver suggested the developer take the n.eighb9r's comments into consicleration.
Leskinen stated she would have had a concern if the tree was in the fire Ian¢, but since it is not, it is
outside the scope of the Planning Commission.
Berg moved, Lemke seconded, to recommend.approval ofApplication No. 14-3689, Sven Gustafson,
2490 Carman Street, granting of a 15-foot side street setbackvariance subject to the conditions
recommended by Staff. VOTE: Ayes 7, Nays 0.
#14-3690 TONKA LAKl!}PROPERTIES, LLC, 1565 ORCHARD BEA
-23-43-0026) VARIANCES AND CONDITIONAL USE PERMIT . 1 P.M. -9:47 P.M.
Tonk3cLake Properties, Applicant, was pr
nd width variances, a rear setback variance, a side
ten cubic yards. Gaffron noted this same application was
before the PlanningCommiss· approximately one ar ago and it was denied at that time. Gaffron
ally the same proposal as last · e.
taff has prepared an extensive and detailed Staff report wfa e will not go into great
depth o , ut that Staff is recommending denial of all of the variances. In relation
v · nee, Gaffron stated the applicants are not requesting one at this time, but in meeting the
lakeshore setback, placement of even a small residence would require substantial rear setback varia ces.
Page 35 of 59
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, October 13, 2014
7:00 o'clock p.m.
Council
Exhibit C
*6. #14-3688 APPLIED ECOLOGICAL SERVICES, 520, 550 AND 630 TONKA WA ROAD -
CONDITIONAL USE PERMIT/WETLAND ALTERATION -RESOLUTION NO. 6451
Bremer moved, Printup seconded, to adopt RESOLUTION ~O. 6451; aR,esolution Granting a
Conditional Use Permit Pursuant to Municipal Zoning Code Section $-967 and 78-1610, for the
property located at 520, 550, and 630 Tonkawa Road .. VOTE: :Ayes 4, Nays 0.
7. #14-3689 SVEN GUSTAFSON, 2490 CARM1\N STREET-V ARIAN<;;E.::.RESOLUTION
WAS APPROVED BUT TABLED FOR CHANGES
Curtis stated the property is located in the LR-lB zoningdistrict and abutsa:riundeveloped 30-foot street
right-of-way or fire lane. The right-of-way is considered a side street for the purpose of measuring
setbacks and a 35-foot setback is required. The neighboring property on the west side of the right-of-way
is within the one-half acre zone and is subjectto a 15-cfoof setback.
The applicant is requesting a setbackyariance to permita 15-footsetback where a 35-foot setback is
required in conjunction with the. construction of a new residence. The lot line rearrangement approval
granted to this property and the property to the east was conditioned upon the property owner providing
an easement to the property to the east The driveway easement and lot line rearrangement resolution
have been recorded.
On September 15, the Planning Commission voted 7-0 to recommend approval of the requested setback
variance,>Puring the public hearing there was a question raised regarding the location of trees located
along the comtnon lot line. The applicant has provided a survey showing the trees are located on their
property andn()t within :tile right--9f-way. The trees are also located outside of the 0-75 foot zone.
Staff recommends approval of the request and a resolution is before the City Council tonight granting the
setback variance.
Levang noted there is a willow tree near the lake and asked whether that is a tree located within the right-
of-way.
Page 7 of 29
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, October 13, 2014
7:00 o'clock p.m.
Curtis indicated she cannot answer that. Curtis displayed the survey on the overhead.
Levang noted there are no markers in that area; which makes it difficult to tell.
Eric Mercer, Builder, stated they are not planning on doing anything with the willow tree and that to his
knowledge it is at the end of the fire lane but that he is not sure whose property itjs on.
McMillan stated she would like the City to think about protecting the City's fire lanes ifrtheir resolutions.
McMillan noted in the past there have been issues with people who build next to a fire lane or encroach
into a fire lane and that this is an opportunity to spell out what the fire lane is used for and how it is
expected to be left open to the public. McMillan noted there was a dockloca.tedat this access at one time
and that the neighbors did speak at a Park Commission mee#ng about how they would like the dock
reinstalled. The City has since reinstalled the dock. McMillan stated in her view the access should be
protected for the neighborhood.
McMillan indicated she is okay with the variance but that she would like the fire lane addressed in the
resolution.
Levang noted the City Cotmcil has disCU$Sed different fire lanes on a number of occasions in the past and
how they ate 11ot distinguishable from the neighboring properties. Levang stated when there is a survey
completed,the City has an opportunity to update the markers and that the City should take advantage of
the situation and put in some type of marker or identifier since the neighborhood uses it.
Bremer noted this is a fire lane that was sodded in the past couple of years by the City. While that was a
big improvement in the appearance of the fire lane, it also creates some confusion about the fire lane and
whether it is a side yard.
Bremer asked if Council Member Levang was concerned about the health of the willow tree.
Levang stated she was wondering whether the willow tree would be impacted by the construction.
Levang asked if it is the intention of the applicant to retain the trees.
Page 8 of 29
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, October 13, 2014
7:00 o'clock p.m.
Tom Flint, Architect, stated their intent is to retain as many trees as possible but that it is likely they will
lose two of the trees.
McMillan stated if the trees are replanted, they should not be plante~ on the property line next to the fire
lane and that they should be planted several feet away from it.
McMillan asked if the City can determine the exact boundaries of the fire lane so it can be recorded
without installing physical markers.
Curtis indicated Staff would be able to identify the boundaries with GPS.
McMillan stated she would like Staff to do that.
Levang asked if there is a landscaping plan.
Curtis stated the Planning Commission did not requireorte since the trees were outside the 0-75 foot zone.
Levang asked what type of landscaping th,ey are proposing for that area.
Tom Flint stated they have not decided on thatat tliis point and that they are still in the early stages of the
design.
Levang asked if the house entrance is on that side.
Flint stated it is the en,trance to a porch. Flint pointed out the location of the front door.
Mack stated in his opinion the City Council could require a landscape plan prior to the issuance of a
building permit to ensure that there are no planting of trees or landscaping within or in close proximity to
the fire lane. Mack stated the City Council could specify a certain distance from the property line.
Levang stated she would like to do that.
Page 9 of 29
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, October 13, 2014
7:00 o'clock p.m.
McMillan asked whether language regarding the public access should be added to the resolution.
Mattick stated the applicant is requesting a variance to come closer to the fire lane, which is something
that is used by the public, and that the applicant is being put on notice tonight that they should not
encroach into the fire lane or obstruct the public's use of that fire lane .. Mattick stated the City's
Comprehensive Plan does talk about the importance of lake access pointsand some language could be
included in the resolution of the purpose, intent, and spiritofthe ComprehensivePlanina<idition to the
condition that no structures or items are placed within the fire lane;
McMillan stated she would also like to add language regarding maintenaric;e of the fire lane and what is
allowed and not allowed.
Gaffron noted the City's Code requires that the neighboringprpperties m.aintain them to some degree but
that it is not specified exactly what should be done.
McMillan noted that the fire lanes vary in topography, which makes it more difficult to specify in the City
Code what should be done.
Mattick stated the City Council would probably want to rely on its code to describe the type of
maintenance that should occur in. a fire lane/ Mattick stated the City could review it at some point to
ensure it is being properly maintained but that there is also the possibility the City may change what that
acqess looks like, at which pointa condition that the fire lane be mowed would not make sense any
longer,
McMillan stated it is important to explain why the fire lanes are important.
Bremer suggested the language be included on Page 2 under Council findings. Bremer stated the
language has to be instructive to whoever is looking at the resolution.
McMillan asked when the Council did the lot line rearrangement, whether Staff was aware there would be
a request for a setback variance.
Page 10 of 29
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, October 13, 2014
7:00 o'clock p.m.
Curtis stated the applicants had indicated they would likely come in with a variance request but that there
was not an application at that time.
Levang asked Mr. Mercer ifhe understands their responsibilities.
Mercer indicated it is close to what they expected.
McMillan stated if the neighbor and the applicant feel the :\Villowtree should be trimmed tip~ perhaps they
could work with Staff on that.
Levang moved, Printup seconded, to direct Staff to draft an approvalresolution granting Variances
from Orono Municipal Code Section 78-330 for the prope~ located at 2490 Carman Street, with
direction to Staff to work out appropriatelaijguage ~garding th,;fire lane. VOTE: Ayes 4, Nays 0.
8. #14-3690 TONKA LAKE fROPERTIES, L,LC, 1565 ORCHARD BEACH PLACE
(PID 07-117-23-43-0026), V ARIAN;CES AND CONDITIONAL USE PERMIT
Gaffron stated this is a request for a numb.er of variances and conditional use permit for construction of a
house on a v~cant lot .. 'flle following varianc¢s are being requested:
1. Lofarea variance toallowconstruction on a lot consisting of9,641 square feet where 43,560
square feet is required.
2. Lot ~dth variance to allow construction on a lot 83 feet defined width where 140 feet is required.
3. Rear setback variance to allow a rear setback of 12.9 feet where 30 feet is required.
4. Side street setback variance to allow an east side street setback of 25.4 feet where 35 feet is
required.
Page 11 of 29
C notes
#14-3689, Sven Gustafson, 2490 Carman Street-Variance -Resolution
Application Summary:
The property is located in the LR-1B 1.0 acre zoning district and abuts an undeveloped 30-foot street right-of-
way which leads to the lake. The right-of-way is considered a side street for the purpose of measuring
setbacks; a 35 foot setback is required. The neighboring property on the west side of the ROW is subject to
the LR-1C ½ acre zoning district requirement of a 15-foot side street setback. The applicant is requesting a
setback variance to permit a 15-foot setback from the ROW where a 35-foot setback is required in conjunction
with construction of a new residence.
The lot line rearrangement approval granted to 2970 & 2490 Carman Street in August was conditioned upon
the property owner providing an easement for access to the 2470 Carman property. The driveway easement
and lot line rearrangement resolution have been recorded.
On September 15th the Planning Commission voted 7 to Oto recommend approval of the variance to allow a
15-foot setback from the fire lane. During the public hearing there was a question regarding the location of
the trees along the common line between the ROW and the property. The Applicant has provided a survey
showing the trees located along the property line are within the applicant's property and not within the ROW.
Planning Staff recommends approval the requested setback variance resulting in a 15-foot setback from the
undeveloped right-of-way.
COUNCIL ACTION REQUESTED
Staff has drafted a resolution for the Council's consideration. You should consider adopting or amending the
resolution this evening.
ii\ [1107/)
l) th
fYll1
CITY OF ORONO
2750 Kelley Parkway
PO Box 66
NOTICE OF PLANNING COMMISSION ACTION
ZONING FILE: 14-3689
Crystal Bay, MN 55323
952.249.4620 DATE OF NOTICE: 16 Sept 2014
TO: Sven Gustafson
153 Lake Street East
Wayzata, MN 55391
COPIES Sven Gustafson
Via
Email:
TYPE OF REQUEST: Variance/ 2490 Carman Street
DATE OF MEETING: 15 September 2014
The Orono Planning Commission voted on a mo · approve the 15-foot side street setback variance
as follows:
7 FOR / 0 AGAINST
-n,ee6? J
Applicant's next meeting is tentatively scheduled as: Monday, October 13, 2014
This is a City Council meeting. The meeting begins at 7 PM
If you desire certified copies of the official Planning Commission minutes, they are available from the
City Clerk after review and approval by the Planning Commission. If you have questions, please contact
Melanie Curtis at mcurtis@ci.orono.mn.us or 952.249.4627.
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday, September 15, 20L4
6:30 o'clock p.m.
~ #14-3688 APPLIED ECOLOGICAL SERVICES , 520, 550 AND 630 TONKA WA ROAD -/
"--c ITIONAL USE PERMIT, 9:03 P.M. -9:06 P.M. ;
at 520 , 550 , and 63 Tonkawa Road in order to restore a portion of a nearly 3-acre T wetland.
The proposal is essentia · . to improve the quality of the wetland, to improve the w t and vegetation, and
Staff did do a review of the project arnl'concluded that the applicants L g the goals of the ' /
conditional use permit. Staff recommends a~proval of the conditior&l use permit subject to the applicants
obtaining the appropriate permits/approvals fro the Minnehabk reek Watershed District prior to
. /
issuance of the administrative zoning permit. "--., /
~
Chair Leskinen opened the public hearing at 9;))•,;{. '-,
There were no public comments regar/s application.
Chair Leskinen closed the public hearing at 9:05 p .m .
//
Leskinen stated she has no is fues with the application subject to the conditions out '·, ed in Staff report.
/ _,
Berg moved, Schoek eit seconded, to recommend approval of Application No. 14-3688,
Ecological Services, 520 , 550, and 630 Tonkawa Road, granting of a conditional use permi
to the co~ditions outlined in Staff report. V OTE: Ayes 7, Nays 0.
_/,.
6. #14-3689 SVEN GUST.AR SON, 2490 CARMAN STREET, VARIANCES, 9:06 J>.M. -.9 :21
P.M.
Sven Gustafson, Applicant, was present.
Curtis stated this property was the subject of a lot line rearrangement at the August Planning Commission
meeting . That lot line rearrangement was approved recently by the City Council. The subject property is
Page 31 of 59
MINUTES OF THE .
ORONO PLANNING COMMISSION MEETING
Monday, September 15, 2014
6:30 o'clock p.m.
located in the LR-lB zoning district and abuts an undeveloped fire lane. A 35-foot setback is required
from the undeveloped side street or fire lane and the applicant is requesting a variance to permit a 15-foot
setback. Curtis stated the Code is silent on whether or not it is considered a developed or undeveloped
right-of-way . The property directly across from the fire lane is located in the LR-IC district where a 15-
foot setback is required.
Curtis displayed a picture of the fire lane . Curtis indicated there is some vegetation on the east side of the
fire lane. The development of the lot may impact some of that vegetation.
Staff's recommendation is for approval of the setback variance but would like the applicant to provide
some detail about what trees would be impacted by the construction of the home. If trees are impacted,
Staff would like a landscape plan showing how they can provide screening along the property line with
the fire lane .
Berg asked if the other house is 15 feet from the property line.
Curtis stated it is, and while it appears that that house has a greater yard area, it is actually the fire lane .
Land graver asked if those property owners have been maintaining the fire lane .
Curtis indicated they have been.
Leskinen asked if the fire lane has been abandoned by the City.
Curtis indicated it is not developed and that it has not been open for road use.
Leskinen asked if Staff anticipates any future use of that fire lane by the City.
Curtis stated Staff does not anticipate the fire lane being used by the City and that the applicant is the
property owner on the west side . Curtis stated the intent is not to open it for a roadway.
Schoenzeit asked if the fire lane is posted for public use.
Page 32 of 59
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday, September 15, 2014
6:30 o'clock p.m.
Gaffron stated to his knowledge it is not. Gaffron noted the City has 37 or 38 fire lanes throughout the
City and that the general expectation is that the fire lanes will be used primarily by the residents of the
neighborhood since the majority of them do not have parking available. Gaffron indicated the City
usually does not publish them because the neighbors do not want it to become a regional draw.
Berg noted this fire lane is used by the neighborhood and that there is a dock there.
Gaffron stated the dock was taken out and put back this year at the request of the neighborhood.
Landgraver asked if the dock can be removed by the adjoining property owner.
Gaffron stated the dock is within the right-of-way corridor and the neighbors cannot remove it.
Sven Gustafson, Stone Wood, pointed out the zoning district changes at the fire lane and that in his view
this property is in the wrong zone. Gustafson stated the zoning for this property requires a 140-foot
minimum width and this property has 99 feet. In addition, it requires a one-acre minimum and this
property consists of six-tenths of an acre. Gustafson stated to the other side of the fire lane the setback is
15 feet instead of 35 feet and that this is an awkward transition of a lot that missed the cut of where it
should have been.
Gustafson stated the property to the east of this one also has an encroaching structure that is 5 .2 feet from
the property line as well as a paver walkway that overlaps the side yard setback. Gustafson indicated he
is attempting to make reasonable use of the property and will be centering the home between the
neighboring structures. Gustafson stated it will not be a large home and will be under the structural
coverage limits at approximately 13 percent.
Landgraver asked ifhe is okay with Staffs recommendation regarding a landscaping plan.
Gustafson indicated he is. Gustafson noted the fire lane is not an area that is really viewable from inside
the house but that if there is a need to shield the fire lane, they would be open to that. Gustafson stated a
Page 33 of 59
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday, September 15, 2014
6:30 o'clock p.m.
lot of the current vegetation is not meaningful vegetation and is basically stuff that has simply grown
there rather than being planted.
Chair Leskinen opened the public hearing at 9: 13 p.m.
Michael Malik, 2469 Carman Street, stated when they purchased their property, they had a very nice view
of the lake, which tended to disappear in the summer due to the trees. Malik stated with the proposed
house, they will lose over half of their view. The trees that are there now are three to four feet in diameter
maple trees. During the summer it defines the lane and looks pretty. Malik stated in the fall it is
absolutely beautiful with the trees.
Malik stated he took a walk along the property line today and that a 15-foot setback would put them right
on the tree roots, if not right up next to the trunk. Malik stated at this point he is looking at them being
removed, which will open up a very large area and that he will be looking at a house 24/7 instead of six
months out of the year. Malik noted there was no plan for landscaping submitted so he is not sure exactly
what is planned for that area. Malik stated he does know some of the trees are dying and will need to
come down but that he would like the really good trees to remain.
Malik indicated he is also worried about the construction. Due to the narrow street, there is no on-street
parking. Malik stated the last builder used his property as a parking lot and that he is concerned about
that happening during this project. Malik stated a few years ago the City came by and redid the sewer and
water and that he talked to them about making the street comer wider to no avail. Malik stated he would
like that to be taken into consideration as well with this application.
Chair Leskinen closed the public hearing at 9: 18 p.m.
Leskinen asked if a permit would be required if the larger trees would be removed.
Curtis stated the trees are beyond the 75-foot setback but that she does not know the exact location of the
trees since they are not depicted on the survey. Curtis stated if there is a concern about preservation of
those trees, the applicant should be directed to look at that.
· Page 34 of 59
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday, September 15, 2014
6:30 o'clock p.m.
Malik stated he believes they are on the subject property.
Leskinen stated if the trees are on the subject property and beyond the 75-foot zone, it is out of the
jurisdiction of the Planning Commission. Leskinen stated the developer is now aware of it.
Landgraver commented it begs the question of why the second developer has to put in the landscaping
when the other person did not have to and that the Planning Commission may not be able to do anything
about it. Landgraver suggested the developer take the neighbor's comments into consideration.
Leskinen stated she would have had a concern if the tree was in the fire lane, but since it is not, it is
outside the scope of the Planning Commission.
Berg moved, Lemke seconded, to recommend approval of Application No. 14-3689, Sven Gustafson,
2490 Carman Street, granting of a 15-foot side street setback variance subject to the conditions
recommended by Staff. VOTE: Ayes 7, Nays 0.
#14-3690 TONKA LAKE PROPERTIES, LLC, 1565 ORCHARD BEACH PLAc-~
07-117-43-0026) V AR!ANCES AND CONDIDONAL USE PERMIT, 9:21 P ~.:i~
/
Fred J obnson with Toclica Lale~. Properties, Applicant, was present. //
Gaffron stated the applicant is req~est1hgJot area and width varia1;9~ear setback variance, a side
, /
street setback variance, an average lakeshore setl:>ack varianc~_(and a conditional use permit and variance
',,' </'
for filling within 7 5 feet of the lake in excess of ten cubjc"Yards. Gaffron noted this same application was
/' before the Planning Commission approximately oy.e"year ago and it was denied at that time. Gaffron
/
stated this application is virtually the same piyposal as last time.
//
Gaffron noted Staff has prepared ';P'/fxtensive and detailed Staff report which he,w:ill not go into great
/
depth on, but that Staff is rerending denial of all of the variances. In relation to th<:; lake setback
variance, Gaffron stated J:h:€: applicants are not requesting one at this time, but in meeting the)5-foot
/ ~
lakeshore setback, pla~ement of even a small residence would require substantial rear setback ~~?ces.
-,,
/ " Page 35 of 59
PC Notes
Subject:
Background
#14-3689, Sven Gustafson, 2490 Carman Street
Setback Variance
Public Hearing
At the Council's 1st meeting in September, they approved a lot line rearrangement involving the
subject property. The property abuts an undeveloped street right of way or fire lane. It is
located in the LR-1B zoning district which requires a 35-foot side street setback; the code is
silent regarding the status of the right or way or street. As it is a platted, public right-of-way is
considered a side street for the purpose of measuring setbacks; a 35 foot setback is required.
The property directly across the fire lane at 3555 Frederick is governed by the LR-lC district's 15-
foot side street setback. The applicant is requesting a setback variance to permit a similar 15-
foot setback from the undeveloped side street or "fire lane" where a 35-foot setback is required
in conjunction with construction of a new residence.
Staff finds that the applicant proposes to use the subject property in a reasonable manner.
Locating the proposed home 15-feet from the "fire lane" would not appear to alter the essential
character of the neighborhood and mirrors the location of the home at 3555 Frederick. The
location nature of the undeveloped right-of-way lot creates a practical difficulty for the property
owner. There is an existing stand of trees along the western lot line screening the property from
the "fire lane" however it is unclear if the construction of the proposed home will result in
removal of some or any of the trees. The planning commission may require a landscape plan to
provide additional screening on the applicants' property along the fire lane to delineate the
right-of-way from the subject property.
Staff Recommendation
Planning Staff recommends approval of a side street setback variance for a 15' setback from the
fire lane. A landscape plan should be provided prior to placement on the City Council's agenda
which defines which trees will be impacted with the construction of the home and a
replacement plan.
VV\ tl L00[l-c()---~
loettJe?
CITY OF ORONO
PO BOX66
CRYSTAL BAY, MN 55323-0066
Sven Gustafson
153 Lake Street E
, • ,_ -'--a••• r."C"l"'\l"\A
RECEIVED
~F'P 1? ?014
CITY OF ORONO
RETURN TO SENDER
NOT DELIVERABLE AS ADDRESSED
UNABLE TO FORWARD
BC: 55323896666 *8278-83235-95-42
#14-3689
CITY OF ORONO
PO BOX66
11 II I I l I 11111 \ 111 11 n 1111 11 I 1 \ 1111 \ \ 1 \ 1l \ 1 \\\I 1 \ I l I I!\ 1 \I I l I l \\I tl
CRYSTAL BAY, MN 55323-0066
RETURN SERVICE REQUESTED
#14-3689
RECEIVED
SEP 7 2 zn 1 ii
38 20-117-23 12 0060
LAKESHOREHOLDlNGS LLC CITY OF ORO! '"l
153 ELAKEST
WAYZATAMN 55391
5 S 3 uE 1./fHHii
RETURN TIO SENlYER
NOT DELIVERABLE AS ADDRESSED
UNABLE TO FORWARD
BC: 55323896666 *8278-•3381-85-42
,! ! I\ 11 11 ii 1111 111 I I!! 1 11111111 11111 Ii 1111111 I I 11 111 1 111· HI\ 11·.I
1
\
I
\
i
\
I
\
\
STATE OF MINNESOTA )
)
COUNTY OF HENNEPIN ) ss .
)
CITY OF ORONO )
CERTIFICATE OF MAILING
I, Monica Fadness, of the City of Orono, Hennepin County, Minnesota, do hereby
certify that a Notice of Public Hearing concerning the matter of #14-3689 was mailed to the
attached list of property owners .
In Witness Whereof, I have hereunto set my hand and seal this 5th day of
September, 2014.
v/!JPJU~ a,~
Monica A Fadness
CITY OF ORONO
2750 Kelley Parkway, P.O. Box 66
Crystal Bay , MN 55323
Phone (952) 249-4600 Fax (952) 249-4616
NOTICE
The Orono Planning Commission will hold a public hearing in the Orono Council Chambers at
2780 Kelley Parkway on Monday, September 15, 2014, beginning at 6:30 p.m. on the matter of
reviewing the following land use applications and vacation requests:
14-3682
14-3683
14-3686
14-3688
14-3689
14-3690
14-3691
James & Margaret Kelly , 1855 Concordia Street, LR-1C zoning district, request
after-the-fact conditional use permit approval for land alterations within 75 feet of
the OHWL of Lake Minnetonka which exceed 1 O cubic yards .
Irwin Jacobs, 1700 Shoreline Drive & Rodney Burwell , 1100 Millston Road , LR-
1A zoning district, request approval of a lot line rearrangement between the two
properties . No new building sites are proposed.
David Delaney , PID 20-117-23-11-0032, LR-1B zoning district, requests an
amendment of the 2008-2030 Orono Comprehensive Plan in order to allow
multifamily units on a property guided for single family at a density of 2 to 3 units
per acre and a conditional use permit to allow development via the Planned
Residential District (PRO) process .
Applied Ecological Services , 520 Tonkawa Rd, 550 Tonkawa Rd and 630
Tonkawa Rd, LR-1 B zoning district requests a conditional use permit for wetland
alteration involving the listed three properties.
Sven Gustafson , LLC , 2470 Carmen Street, LR-1 B zoning district requests a side
street setback variance to allow a 15' setback where a 35 ' side street setback is
required in order to construct a new residence on the property.
Tonka Lake Properties , LLC, 1565 Orchard Beach Place , PINS 07-117-23-43-
0026, LR-1 B zoning district , requests variances for average lakeshore setback, lot
area , lot width , rear yard setback, and side street yard setback; and a conditional
use permit to allow grading and filling of more than 1 O cubic yards within 75 feet of
the lakeshore within the Shoreland Overlay District.
Source Land Capital , LLC , 405 North Arm Drive, PINS 06-117-23-32-0003 , 06-
117-23-33-0005 , 06-117-23-33-0007 , 06-117-23-34-0002 and 07-117-23-12-
0001, RR-1 B zoning district, requests preliminary subdivision plat approval and a
conditional use permit for a Planned Residential Development (PRO) to develop
47 single family residential lots on the 148-acre property. The application
includes the creation of a new private road to serve the subdivision.
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 September 9, 2014 if possible . Interested persons
may review the applications at City offices. For an appointment, please call (952) 249-4620.
City of Orono
By: Planning Commission
Community Development Director
To be published in The Laker & The Pioneer Newspapers on August 30, 2014.
Posted at: Orono City Offices
Crystal Bay Post Office
Long Lake Post Office
Navarre Post Office
2
RUN DATE: 08/15/2014 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM (PROPERTY OWNERS LIST)
38 20-117-23 12 0009
LAKESHORE HOLDINGS LLC
38 ADDRESS UNASSIGNED
LAKESHORE HOLDINGS LLC
153 EAST LAKE ST
WAYZATA MN 55391
38 20-117-23 120010
LAKESHORE HOLDINGS LLC
38 ADDRESS UNASSIGNED
LAKESHORE HOLDINGS LLC
153 EAST LAKE ST
WAYZATA MN 55391
38 20-117-23 120014
J P BLUTH & JOANN M BLUTH
2447 CARMAN ST
JOSEPH P BLUTH
JOANN M BLUTH
2201 DREAM DR W
NORTH MANKATO MN 56003
38 20-117-23 12 0015
RY AN P SCHULTZ
2455 CARMAN ST
RYAN PATRICK SCHULTZ
2455 CARMAN ST
WAYZATAMN 55391
38 20-117-23120016
M P MALIK & J D MALIK
2469 CARMAN ST
MICHAEL P & JANET D MALIK
2469 CARMAN ST
WAYZATAMN 55391
3820-117-23 120017
TR BRADY & L A BRADY
3555 FREDERICK ST
TIMOTHY & LYNN BRADY
3555 FREDERICK ST
WAYZATAMN 55391
38 20-117-23120018
M L REGER & B L REGER
3565 FREDERICK ST
MICHAEL L & BRITTANY L REGER
3565 FREDERICK ST
WAYZATAMN 55391
38 20-117-23 12 0027
W E EDWARDS & D M EDWARDS TR
2474 CARMAN ST
WARD E EDWARDS
DONNA M EDWARDS
2474 CARMAN ST
WAYZATAMN 55391
3820-117-23 120028
R A EDWARDS ET AL TRUSTEES
2480 CARMAN ST
RICHARD A EDWARDS
KIM A EDWARDS
2480 CARMAN ST
WAYZATA MN 55391
3820-117-23 120050
WARD E EDWARDS ET AL
38 ADDRESS UNASSIGNED
RICHARD A EDWARDS
2480 CARMAN ST
WAYZATAMN 55391
38 20-117-23120058
GREGORY REEP & SALLY REEP TR
2440 CARMAN ST
REEP FAMILY TRUST
853 WIGET LANE
WALNUT CREEK CA 94598
38 20-117-23 12 0059
MT PALMER & NB PALMER
2450 CARMAN ST
MARK T & NANCY B PALMER
2450 CARMAN ST
WAYZATAMN 55391
38 20-117-23 12 0060
LAKESHORE HOLDINGS LLC
2470 CARMAN ST
LAKESHORE HOLDINGS LLC
153 ELAKEST
WAYZATA MN 55391
38 20-117-23 12 0061
CITY OF ORONO
38 ADDRESS UNASSIGNED
CITY OF ORONO
PO BOX66
CRYSTALBAYMN 55323
38 20-117-23 120062
GREGORY REEP TRUST ET AL
38 ADDRESS UNASSIGNED
REEP FAMILY TRUST
853 WIGET LANE
WALNUT CREEK CA 94598
38 20-117-23120064
MICHAEL J & GAIL R PUDIL
2414 CARMAN ST
MICHAEL J & GAIL R PUDIL
2414 CARMAN ST
WAYZATA MN 55391
RECEIVED
AUG 2 0 2014
crrY OF 01'0NO
PAGE:!
RECEIVED
AUG 2 0 2014
CITY OF QF{ONO 4i 3689
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA ) ss
COUNTY OF HENNEPIN, C ARVER
)
Charlene Vold bein g duly sworn on an oath ,
states or affirms th a t they are the Authorized
Ag ent of the newspaper(s) known as :
The Laker, The Pioneer
and has full knowl edge of the fact s stated
below :
(A ) The newspaper has complied with all of
the requirements constituting qualifica -
tion a s a qualified new spa per as provided
by Minn . Stat. §331A .02 , §331A .07 , and
other applicable law s as amended .
(B) This Public Notice wa s printed and pub-
li shed in sa id newspaper(s) for I succes-
sive iss ue s; the fir st in se rtion being on
08/30/2014 and the last in sertion being on
08/30/2014 .
By:
Authorized A gen t
Subscribed and sworn to or affirmed before
me on 08/30/2014 .
5:)CWP,. ... ti\ M0ceP~
Not ary Public
Rate Information:
(]) Lowest classifi ed rate p a id by commer ci a l users
for c ompa rable space :
$15 .00 per column inch
Ad ID 271790
' 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 Oro-
no Council Chambers at 2780 Kel-
ley Parkway on Monday, September
15, 2014 , beginning at 6:30 p .m. on
the matter of reviewing the following
land use applications and vacation
requests:
14-3682 -James & Margaret
Kelly, 1855 Concordia Street, LR-
1 C zoning district, request after-the-
fact conditional use permit approval
for land alterations within 75 feet
of the OHWL of Lake Minnetonka
which exceed 10 cubic yards.
14-3683 -Irwin Jacobs, 1700
Shoreline Drive & Rodney Burwell,
1100 Millston Road, LR-1A zoning
district, request approval of a lot
line rearrangement between the two
properties. No new building sites
are proposed.
14-3686 -David Delaney, PIO 20-
117-23-11-0032, LR-1B zoning dis-
trict, requests an amendment of the
2008-2030 Orono Comprehensive
Plan in order to allow multifamily
units on a property guided for single
family at a density of 2 to 3 units per
acre and a conditional use permit to
allow development via the Planned
Residential District (PRO) process.
14-3688 -Applied Ecological
Services , 520 Tonkawa Rd , 550
Tonkawa Rd and 630 Tonkawa Rd,
LR-1 B zoning district requests a
conditional use permit for wetland
alteration involving the listed three
properties .
14-3689 -Sven Gustafson, LLC,
2470 Carmen Street, LR-1 B zoning
district requests a side street set-
back variance to allow a 15' setback
where a 35' side street setback is
required in order to construct a new
residence on the property.
14-3690 -Tonka Lake Properties,
LLC, 1565 Orchard Beach Place,
PINS 07-117-23-43-0026, LR-lB
zoning district, requests variances
for average lakeshore setback, lot
area, lot width, rear yard setback,
and side street yard setback; and
a conditional use permit to allow
grading and filling of more than 10
cubic yards within 75 feet of the
lakeshore within the Shoreland
Overlay District.
14-3691 -Source Land Capital,
LLC, 405 North Arm Drive, PINS
06-117-23-32-0003, 06-117-23-
33-0005, 06-117-23-33-0007,
06-117-23-34-0002 and 07-117-
23-12-0001 , RR-1 B zoning district,
requests preliminary subdivision
plat approval and a conditional use
permit for a Planned Residential
Development (PRO) to develop 47
single family residential lots on the
148-acre property. The application
includes the creation of a new pri-
vate road to serve the subdivision.
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 ac-
cepted and should be submitted to
the City of Orono by September 9,
2014 if possible. Interested persons
may review the app11cations at City
offices. For an appointment, please
call (952) 249-4620.
City of Orono
By : Planning Commission
Andrew Mack
Community Development Director
To be published in The Laker & The
Pioneer Newspapers on August 30 ,
2014.
Posted at: Orono City Offices
Crystal Bay Post Office
Long Lake Post Office
Navarre Post Office
8/30/14, 3LK, 3TP, PHN
Land Use Requests, 271790
CITY OF ORONO
Street Address: I Mailing Address: I Telephone (952) 249-4600
2750 Kelley Parkway P.O. Box 66 Fax (952) 249-4616
Orono, MN 55356 Crystal Bay, MN 55323 www.ci.orono.mn.us
Sven Gustafson
153 Lake Street East
Wayzata, MN 55391
REQUEST FOR FURTHER INFORMATION
SUBJECT: Zoning Application #14-3689
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 2470 Carman St. Below is a list of items the City of
Orono is requesting to complete our review:
1) Certificate of Survey. Two (2) original scaled copies of the certificate of survey, as well as a
reduced (ll'xl7' or smaller), or digital copy revised to provide the following:
a) Indicate the edge of the roadway for Carman and Frederick streets as well as the property line
defining the western edge of the "fire lane".
b) Indicate locations of all utilities affecting the property (and property access).
c) Existing and proposed improvements. Indicate which existing improvements on the property
(and encroaching on to the property) are to be removed.
d) Elimination of the proposed retaining wall shown on the west lot line. Retaining walls must meet
a minimum of a 5-foot setback.
2) Hardcover Calculations. All proposed hardcover shall be calculated on the hardcover worksheets
that are enclosed. The hardcover calculations must be completed by your surveyor.
Application #14-3689 is incomplete. If you wish to proceed with your application please submit the items
requested above by September 8 th by noon in order to remain on the September 15th Planning
Commission agenda. Please contact me at 952.249.4627 or email at mcurtis@ci.orono.mn.us should you
have any questions.
Melanie Curtis
Planner
encl
copies: Sven Gustafson and Tom Flint via email
CITY OF ORONO
VARIANCE APPLICATION
Street Address:
2750 Kelley Parkway
Orono , MN 55356
Main : 952-249-4600
fax: 952-249-4616
Mailing Address:
P.O. Box 66
Application # }4-j ({)~
Date Received: f .. 1.0 -I t
Staff: M,L-~--------Fee: $700 --'---------Renewal : $350
-:----::--:--:-:::-::-::~:-:--=--A ft er -the-fact: $1,4 uble Fee
Crystal Bay, MN 55323-0066
Escrow Fee : $70 / $2,500
This application form must be completed in full. Applicant will be notified within 15 days as to the status of the
application. Incomplete applications will not be placed on Planning Commission Agendas.
PROPERTY INFORMATION:
Site Address: 2"/,0 C-AAAlArl ~-r~
Property Identification Number (PIN): 2°-/r1-2.3-n-oofdo
Date Property Acquired (month/year): □ Yes, I own the adjacent parcels. ---
Zoning District: ----"-L. ....... F:::_--=-1-=g'------
APPLICANT INFORMATION: (Complete legal names and marital status required for each interested party)
Name: ,5v e.111 Gvs1'11.FS,-,r.J
Phone : ,,,z... · 1..~-,. lft,]O Alternate Phone: ht?· ZOf'/. GzC,l'Z....
Complete Address: /5 3 LA-~E fr. f"
City, State & ZIP W'\'f'ZKfA Mti SS 3't/
Email: Sv~,.i e ✓ S-h>l\e.w6td . c.o n'I / Fax:
OWNER INFORMATION: (Complete legal names and marital status required for each interested party)
Name: £",z.je, AN!> Je.lZ.6m jE ,+f,QZ..c,Q--:
Phone
Complete Address:
City, State & ZIP
Email:
DESCRIPTION OF REQUEST:
Alternate Phone:
Fax:
Describe the request in detail (attach additional sheets if necessary):
Last Updated : January 2014
RECEIVED
AUG 2 0 2014
C llY OF OF<ONO # 3689
REQUIRED SUBMITTALS:
All of the following information must be submitted by the application deadline date in order for your
application to be processed.
Not
Enclosed Applicable
□ □ Variance Aoolication fee
□ □ Escrow Agreement, signed and fee
□ □ Pre-Application Form
□ □ Variance Application Form
□ □ Practical Difficulties Form
□ □ Certified Property Owners List
□ □ Survey (meetinQ ALL requirements)
□ □ Proposed Plans
□ □ Hardcover Calculations
□ □ Septic System Site Evaluation Reoort
□ □ Minnehaha Creek Watershed District (MCWD) Permit or
Documentation from MCWD statinQ no permit is required
□ □ Adjacent Property Owners' Acknowledaement
□ □ Data Privacy Advisory Form
APPLICANT AND/OR OWNER:
• Agree to provide all information required or requested by the Planning Department,
• Agree to pay additional fees (staff time not covered in the original fee payment) and/or consultant expenses
incurred in review of this application, and
• Certify that the information supplied is true and correct to the best of his/her knowledge. The applicant and
owner recognize that they are solely responsible for submitting a complete application being aware
that upon failure to do so, the staff has no alternative but to reject it until it is complete or to
recommend the request for denial of the request 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.
• Applicant and/or Owner acknowledge they must be present at all scheduled review meetings of the
Planning Commission and Council. If an applicant and/or owner is unable to attend a scheduled meeting,
please make arrangements to have an authorized representative attend in place of the applicant/owner and
advise the City Planner assi ~~
Applicant's Signature : --~-==---=------Date: g {to/ 'f
Applicant's Signature :
Owner's Signature:
Owner's Signature:
Last Updated : January 2014
RECEIVED
AUG 2 0 2014
CffV OF ORON O
ib.. .. ~
# 3689
"""""' "y -VJ vvu ..
WO:>"A.la/\e"MMM
38 20-117-23 12 0009
LAKESHORE HOLDINGS LLC
153 EAST LAKE ST
WAYZATA MN 55391
38 20-117-23 12 0010
LAKESHORE HOLDINGS LLC
153 EASTLAKE ST
WAYZATA MN 55391
38 20-117-23 12 0014
JOSEPH P BLUTH
JOANN M BLUTH
2201 DREAM DR W
NORTH MANKATO MN 56003
38 20-117-23 12 0015
RYAN PATRICK SCHULTZ
2455 CARMAN ST
WAYZATAMN 55391
38 20-117-23 12 0016
MICHAEL P & JANET D MALIK
2469 CARMAN ST
WAYZATA MN 55391
38 20-117-23 120017
TIMOTHY & LYNN BRADY
3555 FREDERICK ST
WAYZATA MN 55391
38 20-117-23120018
MICHAEL L & BRITT ANY L REGER
3565 FREDERICK ST
WAYZATA MN 55391
38 20-117-23 12 0027
WARDE EDWARDS
DONNA M EDWARDS
2474 CARMAN ST
WAYZATA MN 55391
38 20-117-23 I 2 0028
RICHARD A EDWARDS
KIM A EDWARDS
2480 CARMAN ST
WAYZATA MN 55391
38 20-117-23 12 0050
RICHARD A EDWARDS
2480 CARMAN ST
WAYZATA MN 55391
I ••~-·• • ---"' r··
l ap uiie aJn4:,e4 e1 '!,! za!ldaH
38 20-117-23 12 0058
REEP FAMILY TRUST
853 WIGET LANE
WALNUT CREEK CA 94598
38 20-117-23120059
MARKT & NANCY B PALMER
2450 CARMAN ST
WAYZATA MN 55391
38 20-117-23 12 0060
LAKESHORE HOLDINGS LLC
l53ELAKEST
WAYZATA MN 55391
38 20-117-23 12 0061
CITY OF ORONO
POBOX66
CRY ST AL BAY MN 55323
38 20-117-23 120062
REEP FAMILY TRUST
853 WIGET LANE
WALNUT CREEK CA 94598
38 20-117-23 12 0064
MICHAEL J & GAIL R PUDIL
2414 CARMAN ST
WAYZATA MN 55391
RECEIVED
AUG 2 0 2014
Olrrt OF ORONO
~-:---·
ap suas ...
r vua6p3 dn-dod asodxa
I o:i auu 6uo1e puaa
-Jadedpaa:1
I
-T
r
\SJ·--.. -\SI'"'"" ___ ..... •• • •
Ja1ad ~ sa1pei sauanbi:t~
@09~5 a:i.e1dwa1 @AJB/\'f/ asn
s1aqe1 @faad Ase3
City of Orono
Hardcover Calculation Worksheet
Property Address: lJJJP, 5 SU,tJ.f::O w e: s-r DP 241 o C:ll 11.MAIJ S,.
Prepared by: Date: qf s/ 14-
Stonnwater 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 all items of existing hardcover on the property, keyed by letter to Certificate of
Survey (survey must accompany this fonn). Use as many lines as necessary to-accurately depict existing
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 separately for each portion.
Keyto Hardcover Item (Describe) Length x Width Total
Survey (Square Feet)
fExamole\ <Garaae) -(24' X 30') {720 S.F.)
A ' DbJ1J-,::... "7-J'J~ S.F.
B D.A.-..... A Ul.11.1 L/ "7 /_ C.... S.F.
C I S.F.
D S.F.
; E S.F.
F S.F.
G S.F.
H S.F.
I S.F.
J S.F.
K S.F.
L S.F.
1\4. S.F.
N S.F.
0 S.F.
p S.F.
a 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.
2 S.F.
(1) Total ExistinQ Hardcover 2i'J--c;:l.f_S.F.
Excludable Hardcover (See Citv Code Sec 78-1684):
S.F.
S.F.
S.F.
S.F.
S.F.
(2) Total Excludable Hardcover S.F.
(3) Net Existina Hardcover rSubtract line (2) from line (1 )l S.F.
( 4) Total Lot Area •1 1-t C,. ~.F.
Proposed Hardcover Percentage [ (3) + (4)] q:ic; %
(Proposed Hardcover next page)
RECEIVED
This is an information packet regarding Hardcover. Every effort has been made to insure the accuracy of the information contained herein;
however, if any information is not consistent with provisions of the City Code, the Code pro#vision
3
s will
6
prevaail.
9
Q 8 20 14
Page 8 of9
QF:O~ONO
City of Orono
Hardcover Calculation Worksheet
Property Address: VtJASS/'11.Jf:f) w~s-rop. _-2.410 CPrP-MAf..J ST.
Prepared by: ,2/¼tsvA: IJ 8-T~LtJ Date: 5
Stonnw,ater 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
separately for each portion.
Keyto . H.;1rdcover Item (Describe) Length x Width Total
Survey , (Square Feet}
CExamole) (G,raoe) (24' X 30') '720 S.F.)
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K RECEIVED ---1 S.F.
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N SFP O 8 2014 S.F .
0 j S .F.
.P I CITY OF ORONO S .F.
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(1) Total Prooosed Hardcover l,o~bD S.F.
Exctudable Hardcover (See Cttv Code Sec 78-1684):
S .F .
S.F .
S.F.
S.F.
S.F.
(2) Total Excludable Hardcover S .F.
(3) Net Prooosed Hardcover !Subtract line (2\ from line (1 )I . . -. S .F .
( 4) Total Lot Area Z.~", OD S.F.
Proposed Hardcover Percentage [ (3) + (4) ) Uj•1~
RECEIVE D
This is an information packet regarding Hardcover. Every effort has been made to insure the accuracy of the information containecl,,,,EP O 8 20 14
herein; however, if any information is not consistent with provisions of the City Code, the Code provisions will prevail. ~
Page 9 of9
# 3689
H Hennepin County Identify & Notify Receipt
Provided By: Resident and Real Estate Services
Print Date Fri Aug 15 11 :31 :34 2014
This is a receipt only with 'paid' stamp or cash register receipt attached
Company or Homeowner Name: Tom Flint
Contact Person: .
Subject Property Address: ., .
Comments:
Buffer Distance: 150 feet
TOTAL COST: $25.00
Mail Label Count: 16
38 20-117-23120009 38 20-117-23120010 38 20-117-23120014 38 20-117-23120015 38 20-117-23120016
38 20-117-23120017 38 20-117-23120018 38 20-117-23120027 38 20-117-23120028 38 20-117-23120050
38 20-117-23120058 38 20-117-23120059 38 20-117-23120060 38 20-117-23120061 38 20-117-23120062
38 20-117-23 12 0064
1 OUR RECE\PT
THANK YGU
STONEWOOD LLC
Hennepin County Treasurer
5000 · Direct Construction Costs:5005 · Certified property owners list
Associated Bank
8/18/2014
12922
25.00
25.00
AUG 2 0 2U14
_911¥ OF ORONO ·: 36'' # ,. 8
VARIANCE APPLICATION SUB~1SSION REQUIREMENTS
A. VARIANCE APPLICATION FEES
Application Fee $700
After-the-Fact Application Fee $1,400 (double fee)
B. ESCROW AGREEMENT AND FEE
1. Orono Code provides that directly assignable consultants' costs for review of applications must be
paid by the property owner, including but not limited to:
a. Engineering review/inspection costs in excess of $500
b. City Attorney's costs for review of legal questions and documents
c. Other unusual charges for outside consulting services of appraisers, other engineers and
unusual technical reports after notification to the applicant and property owner that such
services are necessary for review of the application.
The property owner is required to pay these costs as they occur. Failure to make payment may
results in certification of the unpaid balance to the property taxes.
2. An escrow of $2,500 is required from the property owner to guarantee payment of these costs and
compliance with the erosion control requirements. PLEASE NOTE: The City will refund the
escrow to the property owner of record at the time of release. The Land Use Escrow Agreement
can be found on page 10.
B. PRE-APPLICATION MEETING
The pre-application form, which can be found on page 9, must be completed by Planning Staff during the
pre-application meeting. PLEASE NOTE: Pre-application meetings should be scheduled a minimum of
three (3) days prior to listed deadline date.
C. VARIANCE APPLICATION FORM
The variance application can be found on page 11.
D. PRACTICAL DIFFICULTIES DOCUMENTATION FORM
The Practical Difficulties Documentation Form can be found starting on page 16.
E. CERTIFIED PROPERTY OWNERS LIST
The Owner/Applicant must contact Hennepin County Department of Finance to obtain a list of owners
within 150-feet of the subject property, labels and plat ma . List label nd ma MUST be obtained from
Hennepin County Property Identification and Platting; overnment Center A-500· 300 South 6 Street·
Minneapolis, telephone 612-348-5910. This list is used by the City to notify adjacent property owners of
the application.
F. SURVEY
Survey requirements can be found on page 25.
G. PROPOSED PLANS
Three (3) scaled and one (1) 8 ½" x 11" or 11" x 17" for reproduction of proposed plans showing floor
plans and elevation views. An electronic version will be accepted in place of a reduction . For "rebuild" or
"remodel'' projects, the applicant should provide an additional elevation plan illustrating the proposed
addition/new home envelope overlapping the existing. Additionally, all setbacks should be shown three-
dimensionally on the elevation drawings. Talk to Planning Staff for additional information.
H. HARDCOVER INFORMATION
Hardcover Calculation Worksheets must be completed by a surveyor and are required for properties
identified as Tier 1 through Tier 5 on Orono's Stormwater Quality Overlay District map. These properties
are typically within 1000' of lakes or 300' of creeks, which are listed in Survey Requirements. If you are
unsure whether hardcover calculations are required contact the Planning Department at 952-249-4620 or
planning@ci.orono.mn.us . Hardcover information can be found starting on page 18 of this packet.
Packet Last Updated: March 2014
Page 6of27
p. \ .\J
20 l\ 7-z.3, 1_a)bO
-i.o\\ 123 12004
LAl\i.., tJSE APPLICATION ESCROW AGREElv,-.ff
Application # l't 5<.oM
AGREEMENT made this 2C day of Aue1u~\-, 2ojf_, ,PY and between the CITY OF
ORONO, a Minnesota municipal corporation ("Citi)~ __ S"'""V'"""tn,.......,.__,C-.... -,MIU.\_..l-O....,f;$'W10Y\...~•_,... _________ _
[a corporation -optiona~ ("Owners").
Recitals
1 . Owners have filed Zo_nit]g Application # \ 4--6 (Q i°q formally requesting the City to
review plans for a Sl(U. 'f Otd. ~--~ -.
located at the property addressed: _ _..2..=-'r,,__'1=0,___.L.Qt=-'-IM..l.n;..;:;.::;:c..:-.... &..,.fm,-=E=-----------------
(the "Subject Property") legally described as~
2. Owners request the City to review said plans which requires City approval and may require
consulting legal and/or engineering review.
3. The City is willing to commence its review of the application and incur costs associated with said
review only if the Owners establish an escrow to ensure reimbursement to the City of its costs.
NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. DEPOSIT OF ESCROW FUNDS. Contemporaneously with the execution of this Escrow
Agreement, the Owners shall deposit $ ZE,oO with the City. All accrued interest, if any, shall be paid to the
City to reimburse the City for its cost in administering the escrow account.
2. PURPOSE OF ESCROW. The purpose of the escrow is to guarantee reimbursement to the City
for all out-of-pocket costs the City has incurred (including planning, engineering, or legal consultant review) or will
incur in meeting with the Owners, reviewing the plans, and preparing agenda packet material for City Council
review of application # 14 -3 bi'C, . Eligible expenses shall be consistent with expenses the Owners
would be responsible for under a land use application.
3. MONTHLY BILLING. As the City receives consultant bills for incurred costs, the City will in turn
send a bill to the Owners. Owners shall be responsible for payment to the City within 30 days of the Owners'
receipt of bill.
4. DISBURSEMENT FROM ESCROW ACCOUNT. In the event that the Owners do not make
payment to the City within the timeframe outlined in #3 above, shall cease all reviews until the Owners pay all
expenses invoiced pursuant to #3. The City may draw from the escrow account without further approval of the
Owners to reimburse the City for eligible expenses the City has incurred.
5. CLOSING ESCROW. The Balance on deposit in the escrow, if any, shall be returned to the
Owners when the review has been completed.
6. CERTIFY UNPAID CHARGES. If the project is abandoned by Owners, or if the eligible expenses
incurred by the City exceed the amount in escrow, the City shall have the right to certify the unpaid balance to the
subject property pursuant to Minn. Stat. §§ 415.01 and 366.012. OWN~s:?
By:_~----=-.,__ _______ _
Its: ______________ _
Packet Last Updated: March 2014
Page 10 of 27
ADDRESS
PIN
LEGALDESC
PERMIT TYPE
CITY OF ORONO
2750 KELLEY PARKWAY
ORONO, MN 55356-
(952) 249-4600 FAX: (952) 249-4616
: 2470 CARMAN ST
: 20-117-23-12-0060
: LEHMAN LAGOON
: LOT 005 BLOCK 001
: ESCROW FEE -APPLICANT
PROPERTY TYPE : RESIDENTIAL
CONSTRUCTION TYPE : ESCROW FEE -APPLICANT
NOTE: THIS $2500 ESCROW IS TIED TO ZONING PERMIT# 14-3689
111111111111 lllll 11111111111111111111 lllll 11111111111111111
*2014-00922*
DATE ISSUED: 08/20/2014
APPLICANT
STONEWOOD, LLC
153 E LAKE STREET
WAYZATA, MN 55391-
( 612) 462-4000
ESCROW FEE -APPLICANT
ESCROW FEE -DEVELOPER
TOTAL
2,500.00
0.00
2,500.00
Minnesota State License #: BUIL-BC5943 l 5
OWNER
LIND, MR. & MRS. THOMAS
2470 CARMAN ST
, MN 55391-
AGREEMENT AND SWORN STATEMENT
The work for which this pem1it is issued shall be perfom1ed according to
the approved plans and specifications, applicable City approvals, and the
State Building Code. This permit is for only the work described and does
not grant permission for additional or related work which requires separate
permits. All provisions of laws and ordinances governing this type of work
shall be compied with whether or not specified herein. This permit will
expire and become null and void if construction authorized is not
commenced within 180 days of the date of issuance, or if construction is
suspended for a period of 180 days at any time after work has commenced.
The applicant is responsible for assuring all required inspections are
requested in conformance with the State Building Code. This permit may be
revoked at any time for due cause.
Applicant Perrnitee Signature Date
Payment(s)
CHECK
Issued By Signature
12931 2,500.00
I I
Date
:A ,~~--q
-----1 ---------r\
--7
I
I
I
I
I
I
I
I
I
I
I
I
I
EXISTING
HOUSE
\ .L-c -s~ -1 \. DECK
'\'~ L -_:::::---=..J
\ I \ ----\ _i...---
~ -\
/' -------
'.ATIONS
= 942.5
•OR= 944.85
I TION = 942.8 {VARIES)
=934.0
FR FOOTPRINT OF
t IS WITHIN 6 FEET
N FLOOR ELEVATION {944.85)
PARCEL 2
NO ADDRESS ASSIGNED
PIO NO 201172312009
EXISTING LEGAL DESCRIPTION
THE NORTH 62 FEET OF LOT 10,
BLOCK 1, NAVARRE.
AND PIO NO 2011723120010
LOT 11, AND THAT PART OF LOT 10
LYING SOUTH OF THE NORTH 62 FEET
THEREOF, BLOCK 1, NAVARRE.
AREA = 19900 SF
PROPOSED LEGAL DESCRIPTION
LOT 11, AND THAT PART OF LOT 10
LYING SOUTH OF THE NORTH 62 FEET
THEREOF, BLOCK 1, NA VARRE.
TOGETHER WITH THAT PART OF LOT 5,
BLOCK 1, LEHMAN"S LAGOON, LYING WEST
OF THE NORTHERLY EXTENSION OF LOT 10,
BLOCK 1, NA VARR£
AREA = 25500 SF / 6375 SF MAX HC
:!:
0
N
c,;
RECEIVED
AUG 2 0 2014
CftYOfORONO
--------------'# 3689
City of Orono
2750 Kelley Parkway
Orono MN 55356
Receipt No: 3.011604
Stonewood LLC
Planning and Zoning
952-249-4600
Aug 20, 2014
2470 Carmen St Escrow 2,500.00
101-22205
Deferred Rev-Developer Deposit
Planning and Zoning
2470 Carmen Street 700.00
14-3689
101-34420
Cond Use-Variance-Dev Fees
Total:
Check
Check No: 12931
Payor:
Stonewood LLC
Total Applied:
Change Tendered:
08/20/2014 11:23AM
3,200.00
3,200.00
3,200.00
.00
Exhibit A
Lot 5, Block 1, Lehman's Lagoon, except that part lying Westerly of the Northerly extention of the East line of Lot
10, Block 1, Navarre, Hennepin County, Minnesota.
Torrens property. The Torrens Certificate Number is 1388597.
Legal Description J14080391/38
Exhibit A
Lots 10 and 11, Block 1, Navarre, and that part of Lot 5, Block 1, Lehman's Lagoon, lying West of the Northerly
extension of the East line of Lot 10, Block 1, Navarre, Hennepin County, Minnesota.
Abstract property.
Legal Description J14080169/45